    [JPRT 112-30, Volume I]
    [From the U.S. Government Publishing Office]

       112th Congress 1st
             Session         JOINT COMMITTEE PRINT         S. Prt.
                                                            112-30
    _______________________________________________________________________

                        COUNTRY REPORTS ON HUMAN RIGHTS
                               PRACTICES FOR 2010

                                    VOLUME I

                                   ----------

                                  R E P O R T

                                SUBMITTED TO THE

                         COMMITTEE ON FOREIGN RELATIONS
                                   US SENATE

                                    AND THE

                          COMMITTEE ON FOREIGN AFFAIRS
                          US HOUSE OF REPRESENTATIVES

                                     BY THE

                              DEPARTMENT OF STATE

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

               COUNTRY REPORTS ON HUMAN RIGHTS PRACTICES FOR 2010
                                    VOLUME I

    For sale by the Superintendent of Documents, U.S. Government Printing Office,
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    112th Congress
     1st Session             JOINT COMMITTEE PRINT                  S. Prt.
                                                                     112-30
    _______________________________________________________________________

                        COUNTRY REPORTS ON HUMAN RIGHTS
                               PRACTICES FOR 2010

                                    VOLUME I

                                   __________

                                  R E P O R T

                                SUBMITTED TO THE

                         COMMITTEE ON FOREIGN RELATIONS

                                   US SENATE

                                    AND THE

                          COMMITTEE ON FOREIGN AFFAIRS

                          US HOUSE OF REPRESENTATIVES

                                     BY THE

                              DEPARTMENT OF STATE

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

    ?

                     COMMITTEE ON FOREIGN RELATIONS

                JOHN F. KERRY, Massachusetts, Chairman
    BARBARA BOXER, California            RICHARD G. LUGAR, Indiana
    ROBERT MENENDEZ, New Jersey          BOB CORKER, Tennessee
    BENJAMIN L. CARDIN, Maryland         JAMES E. RISCH, Idaho
    ROBERT P. CASEY, Jr., Pennsylvania   MARCO RUBIO, Florida
    JIM WEBB, Virginia                   JAMES M. INHOFE, Oklahoma
    JEANNE SHAHEEN, New Hampshire        JIM DeMINT, South Carolina
    CHRISTOPHER A. COONS, Delaware       JOHNNY ISAKSON, Georgia
    RICHARD J. DURBIN, Illinois          JOHN BARRASSO, Wyoming
    TOM UDALL, New Mexico                MIKE LEE, Utah
                 Frank G. Lowenstein, Staff Director
           Kenneth A. Myers, Jr., Republican Staff Director

                      COMMITTEE ON FOREIGN AFFAIRS

                 ILEANA ROS-LEHTINEN, Florida, Chairman
    CHRISTOPHER H. SMITH, New Jersey     HOWARD L. BERMAN, California
    DAN BURTON, Indiana                  GARY L. ACKERMAN, New York
    ELTON GALLEGLY, California           ENI F.H. FALEOMAVAEGA, American
    DANA ROHRABACHER, California             Samoa
    DONALD A. MANZULLO, Illinois         DONALD M. PAYNE, New Jersey
    EDWARD R. ROYCE, California          BRAD SHERMAN, California
    STEVE CHABOT, Ohio                   ELIOT L. ENGEL, New York
    RON PAUL, Texas                      GREGORY W. MEEKS, New York
    MIKE PENCE, Indiana                  RUSS CARNAHAN, Missouri
    JOE WILSON, South Carolina           ALBIO SIRES, New Jersey
    CONNIE MACK, Florida                 GERALD E. CONNOLLY, Virginia
    JEFF FORTENBERRY, Nebraska           THEODORE E. DEUTCH, Florida
    MICHAEL T. McCAUL, Texas             DENNIS CARDOZA, California
    TED POE, Texas                       BEN CHANDLER, Kentucky
    GUS M. BILIRAKIS, Florida            BRIAN HIGGINS, New York
    JEAN SCHMIDT, Ohio                   ALLYSON SCHWARTZ, Pennsylvania
    BILL JOHNSON, Ohio                   CHRISTOPHER S. MURPHY, Connecticut
    DAVID RIVERA, Florida                FREDERICA WILSON, Florida
    MIKE KELLY, Pennsylvania             KAREN BASS, California
    TIM GRIFFIN, Arkansas                WILLIAM KEATING, Massachusetts
    TOM MARINO, Pennsylvania             DAVID CICILLINE, Rhode Island
    JEFF DUNCAN, South Carolina
    ANN MARIE BUERKLE, New York
    RENEE ELLMERS, North Carolina
                   Yleem D.S. Poblete, Staff Director
             Richard J. Kessler, Democratic 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........................................................    20

        Botswana.....................................................    30

        Burkina Faso.................................................    41

        Burundi......................................................    51

        Cameroon.....................................................    72

        Cape Verde...................................................    92

        Central African Republic, The................................    98

        Chad.........................................................   122

        Comoros......................................................   137

        Congo, Democratic Republic of the............................   143

        Congo, Republic of the.......................................   186

        Cote d'Ivoire................................................   196

        Djibouti.....................................................   218

        Equatorial Guinea............................................   227

        Eritrea......................................................   240

        Ethiopia.....................................................   257

        Gabon........................................................   284

        Gambia, The..................................................   292

        Ghana........................................................   305

        Guinea.......................................................   320

        Guinea-Bissau................................................   335

        Kenya........................................................   344

        Lesotho......................................................   368

        Liberia......................................................   384

        Madagascar...................................................   395

        Malawi.......................................................   408

        Mali.........................................................   419

        Mauritania...................................................   429

        Mauritius....................................................   444

        Mozambique...................................................   452

        Namibia......................................................   465

        Niger........................................................   479

        Nigeria......................................................   493

        Rwanda.......................................................   525

        Sao Tome and Principe........................................   544

        Senegal......................................................   549

        Seychelles...................................................   565

        Sierra Leone.................................................   571

        Somalia......................................................   589

        South Africa.................................................   610

        Sudan........................................................   628

        Swaziland....................................................   655

        Tanzania.....................................................   670

        Togo.........................................................   692

        Uganda.......................................................   702

        Zambia.......................................................   728

        Zimbabwe.....................................................   744

    East Asia and the Pacific

        Australia....................................................   783

        Brunei Darussalam............................................   794

        Burma........................................................   801

        Cambodia.....................................................   823

        China (includes Tibet, Hong Kong, and Macau).................   843

            Tibet....................................................   882

            Hong Kong................................................   891

            Macau....................................................   906

        Fiji.........................................................   914

        Indonesia....................................................   928

        Japan........................................................   949

        Kiribati.....................................................   961

        Korea, Democratic People's Republic of.......................   966

        Korea, Republic of...........................................   979

        Laos.........................................................   989

        Malaysia.....................................................   999

        Marshall Islands.............................................  1026

        Micronesia, Federated States of..............................  1032

        Mongolia.....................................................  1038

        Nauru........................................................  1050

        New Zealand..................................................  1054

        Palau........................................................  1061

        Papua New Guinea.............................................  1066

        Philippines..................................................  1076

        Samoa........................................................  1093

        Singapore....................................................  1101

        Solomon Islands..............................................  1116

        Taiwan.......................................................  1123

        Thailand.....................................................  1132

        Timor-Leste..................................................  1160

        Tonga........................................................  1169

        Tuvalu.......................................................  1175

        Vanuatu......................................................  1180

        Vietnam......................................................  1187

    Europe and Eurasia

        Albania......................................................  1213

        Andorra......................................................  1224

        Armenia......................................................  1229

        Austria......................................................  1261

        Azerbaijan...................................................  1270

        Belarus......................................................  1295

        Belgium......................................................  1332

        Bosnia and Herzegovina.......................................  1340

        Bulgaria.....................................................  1358

        Croatia......................................................  1371

        Cyprus.......................................................  1389

        Czech Republic...............................................  1415

        Denmark......................................................  1433

        Estonia......................................................  1441

        Finland......................................................  1449

        France.......................................................  1460

        Georgia......................................................  1472

        Germany......................................................  1515

        Greece.......................................................  1530

        Hungary......................................................  1547

        Iceland......................................................  1565

        Ireland......................................................  1573

        Italy........................................................  1581

        Kosovo.......................................................  1594

        Latvia.......................................................  1615

        Liechtenstein................................................  1626

        Lithuania....................................................  1631

        Luxembourg...................................................  1643

        Macedonia....................................................  1648

        Malta........................................................  1663

        Moldova......................................................  1673

        Monaco.......................................................  1699

        Montenegro...................................................  1703

        Netherlands..................................................  1730

        Norway.......................................................  1741

        Poland.......................................................  1750

        Portugal.....................................................  1766

        Romania......................................................  1773

        Russia.......................................................  1796

        San Marino...................................................  1840

        Serbia.......................................................  1844

        Slovakia.....................................................  1861

        Slovenia.....................................................  1877

        Spain........................................................  1885

        Sweden.......................................................  1896

        Switzerland..................................................  1907

        Turkey.......................................................  1917

        Ukraine......................................................  1939

        United Kingdom...............................................  1965

                       START HERE deg.Volume II

    Near East and North Africa

        Algeria......................................................  1979

        Bahrain......................................................  1996

        Egypt........................................................  2009

        Iran.........................................................  2027

        Iraq.........................................................  2061

        Israel and the occupied territories..........................  2089

        Jordan.......................................................  2139

        Kuwait.......................................................  2157

        Lebanon......................................................  2169

        Libya........................................................  2188

        Morocco......................................................  2203

        Oman.........................................................  2222

        Qatar........................................................  2230

        Saudi Arabia.................................................  2243

        Syria........................................................  2266

        Tunisia......................................................  2288

        United Arab Emirates.........................................  2305

        Western Sahara...............................................  2317

        Yemen........................................................  2324

    South and Central Asia

        Afghanistan..................................................  2347

        Bangladesh...................................................  2372

        Bhutan.......................................................  2395

        India........................................................  2403

        Kazakhstan...................................................  2437

        Kyrgyz Republic..............................................  2457

        Maldives.....................................................  2472

        Nepal........................................................  2485

        Pakistan.....................................................  2505

        Sri Lanka....................................................  2541

        Tajikistan...................................................  2560

        Turkmenistan.................................................  2573

        Uzbekistan...................................................  2586

    Western Hemisphere

        Antigua and Barbuda..........................................  2609

        Argentina....................................................  2614

        Bahamas, The.................................................  2630

        Barbados.....................................................  2640

        Belize.......................................................  2646

        Bolivia......................................................  2655

        Brazil.......................................................  2668

        Canada.......................................................  2688

        Chile........................................................  2702

        Colombia.....................................................  2713

        Costa Rica...................................................  2742

        Cuba.........................................................  2754

        Dominica.....................................................  2768

        Dominican Republic...........................................  2775

        Ecuador......................................................  2794

        El Salvador..................................................  2812

        Grenada......................................................  2827

        Guatemala....................................................  2833

        Guyana.......................................................  2850

        Haiti........................................................  2859

        Honduras.....................................................  2873

        Jamaica......................................................  2892

        Mexico.......................................................  2904

        Nicaragua....................................................  2923

        Panama.......................................................  2940

        Paraguay.....................................................  2957

        Peru.........................................................  2970

        Saint Kitts and Nevis........................................  2987

        Saint Lucia..................................................  2991

        Saint Vincent and the Grenadines.............................  2997

        Suriname.....................................................  3003

        Trinidad and Tobago..........................................  3011

        Uruguay......................................................  3020

        Venezuela....................................................  3028

    Appendixes

        Appendix A: Notes on preparation of Report...................  3061

        Appendix B: Reporting on Worker Rights.......................  3069

        Appendix C: Selected International Human Rights Conventions..  3071

        Appendix D: Description of International Human Rights
          Conventions in Appendix C..................................  3079

        Appendix E: FY 2010 Foreign Assistance Actuals...............  3081

        Appendix F: United Nations General Assembly's Third Committee
          Country Resolution Votes 2010..............................  3107

        Appendix G: United Nations Universal Declaration of Human
          Rights.....................................................  3115
    ?

                             LETTER OF TRANSMITTAL

                                  ----------

                                           Department of State,
                                         Washington, DC, April 8, 2011.
    Hon. John F. Kerry,
    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 2010, 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,
                                     Michael H. Posner,
                             Assistant Secretary, Bureau of Democracy,
                                               Human Rights, and Labor.
        Enclosure.

                                      (ix)

                                    PREFACE

                                  ----------

        Today, the eyes of the world are focused on the Middle East
    and North Africa, where people are demanding that their
    governments live up to the guiding principle of the Universal
    Declaration of Human Rights, that all people are ``born free
    and equal in dignity and rights.'' The promise of this
    principle is the driving power behind every movement for
    freedom, every campaign for democracy, every effort to foster
    development, and every struggle against oppression. We are
    inspired by the courage and determination of these activists,
    and we see in their struggles the true manifestation of a
    universal yearning for dignity and respect. We stand with them
    and with all citizens, activists, and governments around the
    world who peacefully work to advance the causes of democracy
    and human rights.
        As President Obama has said, we are guided by a simple
    idea, `` . . . freedom, justice and peace for the world must
    begin with freedom, justice, and peace in the lives of
    individual human beings.'' This idea represents values we
    cherish in the United States, but they are not ours alone. Our
    belief in the universal principles of freedom, justice, and
    peace guides us on a daily basis as we work to make human
    rights a human reality. The world has witnessed that without
    meaningful steps toward representative, accountable, and
    transparent governance, the gap between people and their
    leaders will only grow. We will continue to promote, support,
    and defend democracy, in its many forms, knowing that it is the
    best political system for allowing individuals to enjoy their
    human rights.
        The 2010 Country Reports on Human Rights Practices provide
    a record of the state of human rights in the world and raise
    awareness of the progress made in 2010, the ground lost, and
    the work that remains. This year marks the thirty-fifth year we
    have reported to Congress on human rights around the world.
    These reports were initially envisioned as a tool to help guide
    the United States in its foreign policy, but they have grown to
    be something much greater. Other governments, individuals, and
    organizations now use the human rights reports as essential
    sources of information about conditions in countries around the
    world. For activists, many of whom confront a shrinking space
    in which to operate and do so at great personal risk, these
    reports also provide evidence that the world is being made
    aware of their struggle.
        As I travel the world, I make a point of meeting with those
    people working to advance the cause of human rights within
    their own countries. I am consistently impressed by the power
    of the human spirit, and the unwavering commitment of these
    brave individuals. Their work inspires us and confirms the
    importance of holding governments, including our own,
    accountable for the treatment of their citizens.
        Once each year we submit the Country Reports on Human
    Rights Practices to Congress, but advancing freedom and human
    rights is a daily priority for the men and women of the
    Department of State, both in Washington and in our embassies
    overseas. Through these reports, through our diplomacy, and
    through our example, we will continue to press for the
    universal human rights of all individuals. Now is the
    opportunity for us to support all who are willing to stand up
    on behalf of the rights we cherish.
        In that spirit I hereby transmit the Department of State's
    Country Reports on Human Rights Practices for 2010 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. 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

        The Department of State prepared this report using
    information from U.S. embassies and consulates abroad, foreign
    government officials, nongovernmental and international
    organizations, and published reports. The initial drafts of the
    individual country reports were prepared by U.S. diplomatic
    missions abroad, drawing on information they gathered
    throughout the year from a variety of sources, including
    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.
        Once the initial drafts of the individual country reports
    were completed, the Bureau of Democracy, Human Rights and
    Labor, in cooperation with other Department of State offices,
    worked to corroborate, analyze, and edit the reports, drawing
    on their own sources of information. These sources 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. Bureau
    officers also consulted experts on worker rights, refugee
    issues, military and police topics, women's issues, and legal
    matters, among may others. The guiding principle was to ensure
    that all information was assessed objectively, thoroughly, and
    fairly.
        As has proven the case in the past, we anticipate that the
    reports will be used as a resource for shaping policy,
    conducting diplomacy, and making assistance, training, and
    other resource allocations. They will serve also 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.
        With this 2010 edition of the country reports, DRL expanded
    the use of hyperlinks from these reports to other key human
    rights documents produced by the Department of State.
    Specifically, readers are asked to follow hyperlinks for
    complete information on religious freedom issues by consulting
    the 2010 International Religious Freedom Report, the 2010
    Trafficking in Persons Report, if applicable, and the several
    current publications produced by the Department's Consular
    Affairs Bureau on international child abductions, if applicable
    to the country in question.
        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: Eric Falls,
    Robert Boehme, Jeffrey Hawkins, Douglas Kramer, Jessica
    Lieberman, Mark Mittelhauser, Susan O'Sullivan; Senior Editors:
    Jonathan Bemis, Douglas B. Dearborn, Daniel Dolan, Jerome L.
    Hoganson, Patricia Meeks Schnell, Marc J. Susser, and Julie
    Turner; Editors: Naim Ahmed, Cory Andrews, Sarah Buckley-Moore,
    Laura Carey, Elise Carlson-Rainer, Della Cavey, Eric Concha,
    Sharon Cooke, Susan Corke, Stuart Crampton, Kathleen Crowley,
    Frank Crump, Bonnie Daley, Tu Dang, Mollie Davis, Mort Dworken,
    Sindbad Fennimore, Karen Gilbride, Joan Garner, Carrie George,
    Safiya Ghori-Ahmad, Patrick Harvey, Caitlin Helfrich, Matthew
    Hicks, Alexandra Hoey, Kimberly Holbrook, Victor Huser, Jill
    Hutchings, Stan Ifshin, Dianna James, Sarah Johnston-Gardner,
    David T. Jones, Simone Joseph, Malac Kabir, Yelda Kazimi,
    Mancharee Junk, Min Kang, Katharine Kendrick, Orly Keiner,
    Stephen Kopanos, Alyson Kozma, Douglas Kramer, Sarah Labowitz,
    Gregory Maggio, Stacey May, Stephen Moody, Sarah Morgan,
    Perlita Muiruri, Sandra Murphy, Daniel L. Nadel, Genevieve
    Parente, Blake Peterson, Meredith Ryder-Rude, Peter Sawchyn,
    Robert Schlicht, Monica Sendor, Wendy Silverman, Marissa Smith,
    Rachel Spring, Jason Starr, Leslie Taylor, Jennifer Terry,
    James C.Todd, David Wagner, Micah Watson, Chanan Weissman,
    Mareham Youssef, Sarah Yun, Rachel Waldstein, Bernadette
    Zielinski; Editorial Assistants: Carol Finerty, Stephanie
    Martone, James McDonald, and Regina Waugh.
                                  INTRODUCTION

                                  ----------

        This report provides encyclopedic detail on human rights
    conditions in over 190 countries for 2010. Because we are
    publishing this report three months into the new year, however,
    our perspectives on many issues are now framed by the dramatic
    changes sweeping across countries in the Middle East in 2011.
    At this moment we cannot predict the outcome of these changes,
    and we will not know the lasting impacts for years to come. The
    internal dynamics in each of these countries are different, so
    sweeping analysis of the entire region is not appropriate. In
    places like Tunisia and Egypt, we are witnessing popular
    demands for meaningful political participation, fundamental
    freedoms, and greater economic opportunity. These demands are
    profound, they are homegrown, and they are being driven by new
    activists, many of them young people. These citizens seek to
    build sustainable democracies in their countries with
    governments that respect the universal human rights of their
    own people. If they succeed, the Middle East region, and with
    it the whole world, will be improved.
        The United States will continue to monitor the situations
    in these countries closely, knowing that the transition to
    democracy is not automatic and will take time and careful
    attention. In Egypt, we await the lifting of the state of
    emergency, which the Supreme Council of the Armed Forces has
    promised to do prior to parliamentary elections. In Tunisia, we
    are encouraged by the creation of a fact-finding committee to
    investigate human rights abuses that took place during the
    uprising.
        While we address these and other short-term repercussions,
    historians will have the benefit of time and perspective to
    help us understand what triggered these popular movements. But
    three trends clearly contributed to their development and to
    other changes that occurred throughout the world in 2010. The
    first is the explosive growth of nongovernmental advocacy
    organizations focused on a wide range of democracy and human
    rights issues and causes. Fifty years ago, when Amnesty
    International was created, few countries outside of North
    America or Western Europe had any locally based human rights
    organizations. Today, local nongovernmental organizations
    (NGOs) exist in almost every country in the world. The growth
    of these organizations has been dramatic, and in many countries
    such citizens' organizations have been created against great
    odds and only because individual human rights activists were
    willing to face great personal risk. Secretary Clinton
    highlighted the importance of these organizations in a speech
    she gave in July 2010 in Krakow, Poland, to the Community of
    Democracies. As she said, ``societies move forward when the
    citizens that make up these groups are empowered to transform
    common interests into common actions that serve the common
    good.''
        In closed societies, where repressive governments seek to
    control and stifle the debate on sensitive political and social
    issues, governments view these independent local citizens'
    organizations as a threat rather than a resource, and democracy
    and human rights defenders are singled out for particularly
    harsh treatment. For example, in Belarus, over 700 prodemocracy
    activists, including seven presidential candidates, were
    arrested during public demonstrations following the flawed
    December 2010 presidential elections. In the weeks that
    followed, the offices and homes of civil society
    representatives, independent journalists, and political
    activists were raided as part of an effort to stifle
    independent political activity and free expression.
        In the last several years, more than 90 governments have
    sought to pass restrictive laws and regulations, hampering the
    ability of organizations to register, operate freely, or
    receive foreign funding. A proposed NGO law in Cambodia,
    introduced in December, is emblematic of these efforts. The law
    would impose burdensome reporting requirements on NGOs, erect
    significant barriers to the registration of foreign NGOs,
    require foreign NGOs to collaborate with the government, and
    outlaw unregistered NGOs. In Ethiopia, a new civil society
    organization law entered into force in February, following a
    one-year grace period. The law prohibits charities, societies,
    and associations that receive more than 10 percent of their
    funding from foreign sources from engaging in activities that
    promote human rights and democracy; the rights of children and
    persons with disabilities; equality among nations,
    nationalities, people, genders, and religions; conflict
    resolution or reconciliation; and the promotion of justice.
    During the grace period, Ethiopia's leading human rights
    defender organizations adjusted by re-registering either as
    local charities, meaning that they could not raise more than 10
    percent of their funds from foreign donors, or as ``Resident
    Charities,'' which allowed donations but prohibited activities
    in the enumerated areas. There were 3,522 registered
    organizations before the civil society organization law was
    adopted; after the law only 1,655 remained.
        Secretary Clinton acknowledged these troubling restrictions
    on civil society in her speech in Krakow, when she identified a
    ``group of countries where the walls are closing in on civic
    organizations'' and cautioned that when ``governments crack
    down on the right of citizens to work together, as they have
    throughout history, societies fall into stagnation and decay.''
    As we have seen in the Middle East and elsewhere, governments
    cannot suppress civil society indefinitely, and they can never
    suppress it legitimately.
        A second important trend is the dramatic growth of the
    Internet, mobile phones, and other connective technologies that
    allow instantaneous communications to billions of people across
    the globe. As Secretary Clinton observed in a recent speech on
    Internet freedom, the Internet has become the town square of
    the 21st century. Much has been said and written about the
    effects of these connective technologies in allowing Egyptians
    and Tunisians to mobilize in the weeks and months before
    demonstrations actually began. While it is the courage of the
    people themselves that led the way and was the driving force,
    the amplifying impact of these new technologies, coupled with
    the power of television stations and the Internet to broadcast
    videos obtained by citizens using these mobile phones, cannot
    be denied.
        Today there are more than two billion people with Internet
    access spread across most countries of the world, and around
    five billion mobile phone subscriptions. These numbers are
    projected to grow dramatically in the next 15 years. And as
    more people gain access to these remarkable technologies, and
    use them both to gather and impart information on human rights
    and to communicate with other activists, an increasing number
    of governments are spending more time, money, and attention in
    efforts to curtail access to these new communications outlets.
    More than 40 governments are now using a combination of
    regulatory restrictions, technical controls on access to the
    Internet, and technologies designed to repress speech and
    infringe on the personal privacy of those who use these rapidly
    evolving technologies.
        In Saudi Arabia in 2010, the government restricted access
    to the Internet and interfered with citizens' privacy while
    online. The official Communications and Information Technology
    Commission (CITC) improperly monitored e-mail and Internet chat
    rooms and blocked sites, including pages about Hinduism,
    Judaism, Christianity, and certain forms of Islam deemed
    incompatible with Sharia law and national regulations. In
    Sudan, the government monitored Internet communications and,
    during the elections, blocked access to the Sudan Vote Monitor
    Web site. The Government of China tightly controlled content on
    and access to the Internet and detained those expressing views
    critical of the government or its policies. In Vietnam, the
    government orchestrated attacks against critical Web sites and
    spied on dissident bloggers. Police arrested 25 dissidents over
    the course of the year and forcibly entered the homes of a
    number of others to remove personal computers, cell phones, and
    other material.
        A third trend, and one that points in a negative direction,
    was the continuing escalation of violence, persecution, and
    official and societal discrimination of members of vulnerable
    groups, often racial, religious, or ethnic minorities or
    disempowered majorities. In many countries this pattern of
    discrimination extended to women; children; persons with
    disabilities; indigenous; lesbian, gay, bisexual, and
    transgender (LGBT) persons; and members of other vulnerable
    groups who lacked the political power to defend their own
    interests. Often members of these groups were denied economic
    opportunity or the ability to abide by their social or cultural
    traditions or practices or were restricted in their ability to
    speak freely, to assemble peacefully, or to form associations
    or organizations.
        In Pakistan, religious freedom violations and violence and
    discrimination against religious minorities continued. The
    blasphemy laws were used to harass religious minorities as well
    as vulnerable Muslims or Muslims with minority views. (In the
    first two months of 2011, two senior government officials who
    publicly challenged these laws were brutally killed.) In Saudi
    Arabia, there were severe restrictions on religious freedom and
    discrimination on the basis of religion was common. In China,
    the government continued to demonize the Dalai Lama and harshly
    repress Uighur Muslims in Xinjiang and Tibetan Buddhists. There
    were reports of increases in anti-Semitic acts around the
    world, including the desecration of cemeteries, graffiti, and
    blood-libel rhetoric, as well as Holocaust denial, revisionism,
    and glorification. There have also been spikes in expressions
    of anti-Semitism during events in the Middle East.
        Persons around the world continue to experience
    discrimination and intimidation based on their sexual
    orientation or gender identity. Honduras saw an upsurge in
    killings of members of the LGBT community by unknown
    perpetrators. Meanwhile, in many African, Middle Eastern, and
    Caribbean nations, same-sex relations remain a criminal
    offense, and through such laws and other measures the state
    reinforces and encourages societal discrimination and
    intolerance. In Uganda, for example, intimidation and
    harassment of LGBT individuals worsened during the year, and
    some government and religious leaders threatened LGBT
    individuals.
        Exploitation of laborers was also a problem in many
    countries, often compounded by threats against workers for
    attempting to unionize. Again in 2010, the government of
    Uzbekistan mobilized thousands of adults and children as forced
    laborers during the annual cotton harvest. In Bangladesh, poor
    working conditions caused needless deaths, notably in the
    garment industry. Bangladesh was also the site of frequent and
    at times deadly labor unrest during the year, particularly in
    the Ready-Made Garment Sector and Export Processing Zones.
        These trends are further illustrated below by the thumbnail
    sketches of 27 countries (listed alphabetically by region). The
    section on country highlights provides illustrative examples of
    the human rights trends in 2010. In some of these countries
    there have been negative developments or the human rights
    record has been a mix of positive and negative developments. In
    other countries highlighted below, we reflect on positive
    trends in 2010. The body of this report is a much more detailed
    examination of these and an additional 167 countries.
        2010 marks the 35th year that the State Department has
    produced the annual Country Reports on Human Rights Practices.
    This year's report covers human rights conditions in 194
    countries. What began as the response to a Congressional
    mandate to report on the human rights situation in those
    countries that were receiving U.S. assistance in the mid 1970s
    has blossomed into a detailed analysis of human rights
    conditions in all countries that are members of the United
    Nations. The country reports provide an overview of the human
    rights situation around the world as a means to raise awareness
    of human rights conditions, in particular as these conditions
    affect the well-being of women, children, racial and religious
    minorities, trafficking victims, members of indigenous groups
    and ethnic communities, persons with disabilities, sexual
    minorities, refugees, and members of other vulnerable groups.
        As the scope of the State Department's reporting has
    increased, so has the use of these reports around the world. In
    addition to providing data to Congress to inform their funding
    and policy decisions, these reports are used throughout the
    U.S. government and by many foreign governments. And,
    importantly, they are increasingly being used by individual
    citizens and NGOs as critical sources of information on what is
    happening in the world. To facilitate the sharing of this
    information, reports are translated into over 50 languages and
    made available online.
        The U.S. government compiles the human rights report
    because we believe it is imperative for countries, including
    our own, to ensure that respect for human rights is an integral
    component of foreign policy. We provide these reports as a form
    of comprehensive review and analysis.
        The reports do not cover human rights in the United States,
    although this Administration has made a commitment to take a
    close and critical look at our own performance on these issues
    even as we cast a spotlight on the practices of other
    countries. In November, the United States presented its first
    report on human rights in the United States to the UN Human
    Rights Council (UNHRC) in Geneva through the Universal Periodic
    Review. In preparation for that report we conducted extensive
    consultations in the United States with a wide range of civil
    society organizations and Native American leaders. Last month
    we appeared again at the UNHRC meeting in Geneva to report our
    response to the recommendations made to us by other
    governments.
        We also continually report on our human rights record
    pursuant to our treaty obligations. In January 2010, we
    submitted periodic reports on our implementation of the
    Optional Protocols to the Convention on the Rights of the
    Child. In 2011 we will be submitting periodic reports regarding
    implementation of the International Covenant on Civil and
    Political Rights, the Convention Against Torture, and the
    Convention on the Elimination of Racial Discrimination. In
    2010, for the first time, a section on the United States was
    included in the State Department's Trafficking in Persons
    Report, and the United States was ranked based on the same
    standards to which we hold other countries.
        A final word about the production of these reports. These
    194 country reports are comprehensive, if not exhaustive. Their
    production is a Herculean endeavor requiring extra-ordinary
    efforts by a team of talented and committed human rights
    officers at U.S. Embassies around the world, and by their
    counterparts in Washington, D.C., including the dedicated staff
    in the Bureau of Democracy, Human Rights and Labor. Each
    country team collects, analyzes, and synthesizes information
    from a variety of sources, including domestic and international
    human rights organizations, other governments, multilateral
    organizations, and members of civil society. Once the reports
    are drafted, they are rigorously edited, reviewed, and fact-
    checked, to ensure accuracy and objectivity.

                               COUNTRY HIGHLIGHTS

        In 2010, governments around the world continued to commit
    severe human rights violations and abuses. The paragraphs below
    describe the human rights situation and key trends in specific
    countries where abuses were especially serious. We also
    highlight Ukraine, where in 2010 there was backsliding after
    positive developments in previous years. The section begins
    with a discussion of several countries--Colombia, Guinea,
    Indonesia--that are highlighted for notable positive human
    rights developments in 2010.
        Colombia is a country where there were notable improvements
    in the human rights situation in 2010. Soon after taking office
    in August, President Santos and his administration strengthened
    the government's relationship with civil society and human
    rights defenders, holding high-level consultative sessions,
    publicly expressing support for human rights defenders and
    engaging them in dialogue, and supporting efforts to increase
    penalties for threats and violence against human rights
    defenders. The government advanced a Land and Victims' Law to
    provide for land restitution and victims' reparations.
    Extrajudicial executions decreased substantially from 2008 and
    2009, and several senior military officers were convicted of
    human rights abuses. Some human rights abuses continued, such
    as some threats against human rights defenders and trade
    unionists. The Ministry of Defense began implementing an
    agreement with the office of the UN High Commissioner for Human
    Rights to monitor ministry measures to improve adherence to
    human rights.
        In December 2010, Guinea inaugurated its first
    democratically elected president since independence from France
    in 1958. The people selected longtime opposition leader Alpha
    Conde, the candidate of the Rally of the Guinean People Party,
    as their president following two rounds of elections. Although
    there was some violence following the second round, the
    elections generally were regarded as free and fair.
        Respect for human rights in Indonesia continued to improve
    in 2010, 12 years after the country's transition to democracy.
    While weaknesses in the justice system persisted, President
    Susilo Bambang Yudhoyono, democratically reelected in July
    2009, remained a strong proponent of the rule of law and
    accountability and civil society, and the media remained among
    the most vibrant in Asia. Professionalization of the military
    continued, although some serious human rights abuses by
    military personnel occurred, particularly in Papua, and
    punishments, when imposed, were often not commensurate with the
    crimes committed.
    Africa
        Cote d'Ivoire ended 2010 in a standoff over the presidency,
    following October elections in which incumbent President
    Laurent Gbagbo, candidate of the Ivoirian People's Front, and
    opposition party leader Alassane Ouattara, candidate of the
    Rally for Republicans, advanced to the November 28 presidential
    run-off. On December 2, the Independent Electoral Commission
    declared Ouattara the winner with 54.1 percent of the vote as
    compared with 45.9 percent for Gbagbo. The election was
    declared fair and democratic by the UN and international and
    domestic observer missions. Gbagbo refused to accept the
    results, alleging voter fraud and intimidation in several
    regions, and both Ouattara and Gbagbo took oaths of office on
    December 3. At year's end, President Ouattara operated his
    government from the Golf Hotel in Abidjan under a blockade from
    pro-Gbgabo forces. Gbagbo retained control of state resources
    including the national television station, the security forces,
    and the treasury. There were credible reports of human rights
    abuses during this time. On December 16, security forces fired
    on supporters of President Ouattara during a demonstration
    march. At least 20 persons were killed, many more wounded, and
    hundreds arrested. In the one week period from December 15-22,
    the UN Operation in Cote d'Ivoire human rights division
    reported 173 persons killed, 90 subjected to torture and ill-
    treatment, 471 others arbitrarily arrested and detained, and 24
    persons missing. The overwhelming majority of these cases of
    extrajudicial killings, torture, detention, and disappearance,
    were committed by security forces loyal to Gbagbo. Human rights
    violations which took place after December 31 are not
    documented in the 2010 report.
        Serious human rights abuses continued throughout the
    Democratic Republic of the Congo (DRC), particularly in the
    mineral rich, conflict-affected eastern and northeastern
    regions, where state authority remained non-existent or
    extremely weak. Human rights defenders have been intimidated,
    beaten, and, as in the case of prominent activist Floribert
    Chebeya, even killed. Armed entities--including elements of
    state security forces--perpetrated abuses with impunity and
    engaged in the illegal exploitation and trade of natural
    resources, particularly minerals. Revenues derived from the
    illicit trade in minerals, some of which supported armed
    conflict, fueled the continued insecurity in eastern DRC,
    aggravating an already precarious human rights situation. Rebel
    and militia groups in eastern DRC continued to engage in rape
    and looting campaigns in efforts to control communities
    residing near lucrative mining areas, and to reap mining-
    related profits that sustained the conflict and attendant
    abuses. Credible sources such as the UN Group of Experts on the
    DRC presented information indicating that some Congolese and
    international corporations' supply chains originated with
    suppliers who traded with armed entities-including elements of
    the state security forces-that committed serious human rights
    abuses.
        Nigeria continued to be plagued by serious human rights
    abuses during the year. Security services personnel, including
    police, military, and State Security Service officers,
    committed extrajudicial killings and tortured, beat, and abused
    demonstrators, criminal suspects, detainees, and convicted
    prisoners. The Joint Task Force, formed in 2003 to address the
    instability in the Niger Delta and consisting of military,
    police, and security services, conducted raids on militant
    groups and criminal suspects, resulting in numerous deaths and
    injuries to both alleged criminals and civilians. Corruption
    was pervasive at all levels of government and throughout the
    security forces. Ethno-religious violence also resulted in
    deaths and displacement during the year. Jos and the
    surrounding farmlands were the site of two major attacks in
    January and March. Up to 1,000 individuals, mostly women,
    children, and the elderly, were murdered, hacked to death, or
    burned alive.
        Violence continued in Sudan throughout 2010. Nationwide
    elections held in April were not deemed fair and free by the
    international community, and observers noted numerous problems
    throughout the process. In Darfur, fighting involving
    government, government-aligned militias, rebel groups, and
    ethnic groups continued to kill, injure, and displace
    civilians. This violence killed 2,321 persons during the year,
    according to the UN, an increase compared with the 875 persons
    killed in 2009. The government continued to conduct aerial
    bombardment. Gender-based violence, the use of child soldiers,
    and the obstruction of humanitarian organizations and the
    United Nations-African Union Hybrid Mission in Darfur continued
    to be problems. The government harassed, arrested, and beat
    civil society members in the north. In Southern Sudan,
    interethnic fighting and Lord's Resistance Army attacks
    continued to kill and displace civilians. According to UN
    estimates, violence in the south resulted in an estimated 986
    deaths and the displacement of 223,708 persons during the year.
    Registration for the 2011 Southern Sudan self-determination
    referendum occurred in November and December. Lack of progress
    on preparations for a separate referendum on whether the border
    region of Abyei should be part of the north or the south led to
    sporadic violence and rising tensions in the area.
        In Zimbabwe, security forces, police, and Zimbabwe African
    National Union-Patriotic Front (ZANU-PF)-dominated elements of
    the government continued to commit numerous, serious human
    rights violations with impunity, including torture, against
    non-ZANU-PF political activists and party members, student
    leaders, and civil society activists. ZANU-PF's dominant
    control and manipulation of the political process through
    trumped-up charges and arbitrary arrest, intimidation, and
    corruption effectively negated the right of citizens to change
    their government. Although there were fewer incidents in the
    first half of 2010, expectations that elections would be held
    in 2011 led to an increase in the number of cases of harassment
    and intimidation of civil society organizations and members of
    the media toward the end of the reporting period. The
    government continued to use repressive laws to suppress freedom
    of speech, including for members of the press, assembly,
    association, and movement. Military forces and other government
    agents also continued abuses in the Marange diamond fields.
    East Asia and the Pacific
        Despite the release of Aung San Suu Kyi, over 2,100
    political prisoners remained in custody in Burma at the end of
    2010. Many civil society activists were detained indefinitely
    and without charges, and regime-sponsored organizations engaged
    in harassment and abuse of human rights and prodemocracy
    activists. The government routinely infringed on individual
    privacy and restricted the freedoms of speech, press, assembly,
    association, religion, and movement. The government did not
    allow domestic human rights NGOs to function independently, and
    international NGOs encountered a difficult environment. The
    fall 2010 elections were neither free nor fair. The government
    continued its tight control of the activities of Buddhist
    clergy. Military forces in Burma continued to commit egregious
    abuses and violations against civilians in ethnic minority
    regions. These abuses included rape, torture, forced
    relocation, and forced labor. Violence and societal
    discrimination against women and minority religious communities
    continued, as did unlawful recruitment of child soldiers and
    trafficking in persons, particularly of women and girls.
    Workers' rights remained restricted and forced labor, including
    that of children, also persisted.
        In Cambodia, members of security forces, acting with
    impunity, committed arbitrary killings. Human rights monitors
    reported arbitrary arrests and prolonged pretrial detention,
    underscoring a weak judiciary and denial of the right to a fair
    trial. Restrictions continued on freedom of assembly and
    expression, including for members of the press, and there was a
    growing abuse of defamation and disinformation lawsuits
    targeting opposition voices. Civil society expressed
    significant concern that the draft Law on Associations and NGOs
    could, if adopted, seriously constrain the ability of NGOs to
    operate. The draft law released in December included provisions
    that would impose burdensome reporting requirements on NGOs,
    prevent associations with fewer than 21(later reduced to a
    still-onerous 11) members from attaining legal status, erect
    burdensome barriers to the registration of foreign NGOs,
    require foreign NGOs to collaborate with the government, and
    outlaw unregistered NGOs. Anti-union activity by employers and
    weak enforcement of labor laws continued, and exploitative
    child labor in the informal sector remained a problem.
        In China, the negative trend in key areas of human rights
    continued. The government stepped up restrictions on lawyers,
    activists, bloggers, and journalists; tightened controls on
    civil society; and increased attempts to limit freedom of
    speech and control the press, the Internet, and Internet access
    in 2010. Authorities also increased the use of extralegal
    measures, including forced disappearances, strict house arrest,
    arbitrary detention in ``black jails,'' and other forms of
    ``soft detention'' to silence independent voices and punish
    activists and their families. Legal activist Chen Guangcheng,
    along with his wife and child, remained under house arrest, as
    did other released political prisoners. Public interest
    lawyers, who operated within China's legal framework, were
    disbarred, beaten, or ``disappeared'' for taking on the defense
    of clients and issues deemed sensitive by the government.
    Bloggers and Web masters have been arrested and charged with
    ``subverting state power'' for re-tweeting a post or operating
    a Web site where others posted comments. The government also
    continued its severe cultural and religious repression of
    ethnic minorities in the Xinjiang Uighur Autonomous Region and
    Tibetan areas.
        In North Korea, the human rights situation remained grim.
    During the year, the government maintained tight control over
    the flow of information into and out of the country. The
    government denied its citizens the right to due process and
    arbitrarily arrested and detained individuals, including for
    political crimes. Defectors and NGOs indicated that severe and
    systematic human rights abuses occurred throughout the
    country's extensive network of prisons and detention centers.
    In addition, the government continued to enforce rigid controls
    over the freedoms of speech, press, assembly, association,
    religion, and movement and worker rights. There were no
    independent domestic human rights monitoring organizations, and
    the government denied international organizations and foreign
    NGOs access, making it impossible to assess accurately the true
    scope of the abuses occurring in the country or the validity of
    these reports.
        The government of Vietnam continued to suppress dissent,
    tightened controls over the press, and limited the freedoms of
    expression, assembly, movement, and association. Individuals
    were arbitrarily detained for political activities and denied
    the right to fair and expeditious trials. The government
    arrested at least 25 political activists, convicted 14
    dissidents arrested in 2008, 2009, and 2010, and denied the
    appeals of another 10 dissidents convicted at the end of 2009.
    The judicial system was strongly distorted by political
    influence, endemic corruption, and inefficiency. Freedom of
    religion continued to be subject to uneven interpretation and
    protection, particularly at the provincial and village levels.
    Internet freedom was further restricted as the government
    orchestrated attacks against critical Web sites and spied on
    dissident bloggers. The government limited workers' rights to
    form and join independent unions.
    Europe
        Authorities in Belarus arbitrarily arrested, detained, and
    imprisoned prodemocracy activists, journalists, and civil
    society representatives. In the wake of December 2010's flawed
    presidential election, authorities initiated a broad crackdown
    against demonstrators, detaining close to 700 persons and
    raiding offices and apartments belonging to members of
    independent media, NGOs, and the political opposition. Over 40
    individuals, including several presidential candidates, now
    face up to 15 years in jail. Through its detentions and trials,
    the government of Belarus continually is creating new political
    prisoners. The judiciary lacked independence and suffered from
    corruption, inefficiency, and political interference; trial
    outcomes were often predetermined, and many trials were
    conducted behind closed doors. Official corruption throughout
    the government continued to be a problem.
        In Russia, the government infringed on freedom of
    expression, assembly, and association, detaining certain
    demonstrators and continuing to pressure select NGOs,
    independent media, some religious minorities, independent labor
    unions, and political opposition. Attacks on and the murder of
    journalists and activists continued. There were reports of
    physical abuse by law enforcement, military hazing deaths, and
    harsh prison conditions. Rule of law and due process violations
    remained a problem, and government corruption was widespread.
    Xenophobic, racial, and ethnic attacks and hate crimes
    continued to be a significant problem. The conflict between the
    government and insurgents, Islamist militants, and criminal
    forces in the North Caucasus led to numerous human rights
    violations by all parties, which reportedly engaged in killing,
    torture, abuse, violence, and politically motivated abductions.
        In Ukraine, despite beginning with free and fair
    presidential elections, the overall trend for 2010 was negative
    due to problematic local elections, intimidation of the media,
    and perceived selective prosecution of opposition figures.
    International and domestic observers found the October local
    elections did not reach the same standards of the presidential
    election, citing the registration of fraudulent opposition
    candidate lists, government pressure against election monitors
    and candidates, and election officials selectively barring or
    removing candidates from ballots- all prompting concern about
    the government's planned next steps for election reform. In
    addition, there were numerous reports that authorities
    attempted to direct media content and intimidate journalists.
    Although the government took steps in 2009 to better combat
    corruption, the international community expressed concern that
    politics motivated the new government's 2010 criminal
    investigation of 30 members of the previous government for
    alleged corruption; several of these people were detained and
    subsequently charged.
    Near East
        Political tensions flared in the weeks preceding the
    October elections in Bahrain. The government arrested more than
    200 Shia men it accused of inciting or involvement in street
    violence. Those arrested included some, but not all, of the
    leaders of two groups, Haq and Wafa', which reject the monarchy
    and had called for a boycott of the elections. The government
    charged 23 of those arrested with involvement in a ``terror
    network'' pursuant to the 2006 counterterrorism law. The
    electoral process also was marred by the government's banning
    of the two main legal opposition parties' Web sites and
    newsletters. The government did not allow international
    observers to monitor the elections. The government also
    continued to restrict freedom of assembly and association.
    Security forces intervened in demonstrations and limited and
    controlled political gatherings during the year. NGOs and civil
    society groups were required to register with the government
    and provide membership lists. In September, the Ministry of
    Social Development effectively shuttered a local human rights
    organization, Bahrain Human Rights Society, when a ministerial
    decree ordered the dissolution of the society's board of
    directors and appointed a ministry employee to be the group's
    interim head.
        According to multiple sources, the Government of Iran
    executed approximately 312 persons in summary executions during
    the year, many after trials that were conducted in secret and/
    or did not provide due process. In many cases, persons executed
    supposedly for criminal offenses such as narcotics trafficking
    were actually political dissidents. Authorities held political
    prisoners and continued to crack down on women's rights
    reformers, ethnic minority rights activists, student activists,
    and religious minorities. There was little judicial
    independence and few fair public trials. The government
    severely restricted the right to privacy and civil liberties,
    including freedoms of expression, including for members of the
    press, assembly, association, and movement, and it placed
    severe restrictions on freedom of religion. Vigilantes
    continued to attack young persons considered ``un-Islamic'' in
    their dress or activities, invade private homes, abuse
    unmarried couples, and disrupt concerts. Violence and legal and
    societal discrimination against women, children, ethnic and
    religious minorities, and LGBT persons persisted.
        While the credible and legitimate national parliamentary
    elections in all 18 provinces on March 7 reflected a
    significant achievement in advancing the exercise of human
    rights, extremist violence, coupled with weak government
    performance in upholding the rule of law, resulted in
    widespread and severe human rights abuses in Iraq. There were
    reports that the government or its agents committed numerous
    arbitrary or unlawful killings, arbitrary detentions, and acts
    of torture connected to its security operations, often with
    impunity. Attacks by al-Qaida in Iraq and other extremists
    continued against Iraqi Security Forces (ISF), government
    officials, and civilians, often targeting urban areas,
    Christian churches, Shia markets, and mosques. On May 10,
    coordinated bombings and shootings resulted in at least 119
    fatalities, including ISF and law enforcement personnel. On
    August 17, a suicide bomber blew himself up in a crowd of army
    recruits in Baghdad, killing 61 persons. During the year, 962
    Ministry of Interior personnel were killed and 1,347 were
    injured. Police officers, in particular, were targeted.
        In Libya, Colonel al-Qadhafi and his close associates
    monopolized every aspect of decision-making in the government.
    Continuing human rights problems included torture, arbitrary
    arrest, official impunity, and poor prison conditions. A large
    but unknown number of persons remained in detention or prison
    for engaging in peaceful political activity or for belonging to
    an illegal political organization. The government significantly
    restricted media freedom and continued to restrict freedom of
    expression, and routinely monitored telephone calls and
    Internet usage, including e-mail communication with foreign
    countries. There also was physical surveillance of political
    activists and foreign organizations. The government owned and
    controlled virtually all print and broadcast media, and
    government-controlled media neither published nor broadcast
    opinions inconsistent with official policy. The Internal
    Security Organization routinely harassed journalists, and
    overly broad provisions of the penal code served as the basis
    for frequent charges of criminal defamation. The government
    severely restricted freedom of assembly and permitted public
    assembly only with advance approval. The government restricted
    the right of association and generally only allowed
    institutions affiliated with the government to operate; no NGOs
    functioned in the country. In the early months of 2011,
    protests erupted across Libya. Because they occurred outside of
    the reporting period, they are not documented in the 2010
    report.
        In Syria, security forces committed unlawful killings,
    detained political and human rights activists, and tortured and
    physically abused prisoners and detainees with impunity. The
    government also imprisoned several high-profile members of the
    human rights and civil society communities, in addition to the
    estimated 2,500-3,000 political prisoners previously detained.
    Lengthy pretrial and incommunicado detention remained a serious
    problem, and the courts systematically used ``confessions''
    extracted under duress as evidence. Defendants' claims of
    torture were almost never investigated. The government severely
    restricted universal freedoms of expression, assembly and
    association, religion, and movement.
    South and Central Asia
        An increasingly difficult security situation in Afghanistan
    resulted in a number of serious human rights abuses. Civilians
    continued to suffer from intensified armed conflict as
    conflict-related deaths increased by 15 percent during the year
    compared to 2009. Government and progovernment international
    forces were responsible for civilian deaths, specifically 16
    percent of total civilian deaths. Human Rights Watch reported
    that timely and transparent inquiries or accountability of
    forces in the event of wrong-doing were often lacking when
    civilians were hurt or killed. Taliban and insurgent attacks,
    including politically targeted killings, escalated in both
    number and intensity. At least 30 individuals were killed on
    September 18, the day of parliamentary elections, and the
    Taliban claimed responsibility for killing three candidates
    during the campaign period between July and August. In August,
    five campaign workers supporting Fauwzia Gilani in Herat were
    abducted and killed. There were also attacks on election
    officials. The elections themselves were marred by electoral
    fraud and widespread irregularities, including the
    establishment of a special tribunal to investigate the election
    results and complaints; low voter turnout; and insufficient
    conditions for participation by women. The government was
    plagued by official impunity and corruption and often failed to
    conduct effective investigations of human rights abuses
    committed by local security forces. Arbitrary arrest and
    detention remained a problem, and the judiciary lacked
    independence. Freedom of religion, including the right to
    change one's religion, was severely restricted. Women continued
    to face pervasive human rights abuses, including violence,
    insurgent attacks on girls' education, limited access to
    justice, and other limitations on their rights.
        In Pakistan, allegations of extrajudicial killings and
    detention of civilians by the security forces were reported by
    several media outlets and NGOs. During the year, there was a
    significant increase in the total number of reported torture
    and rape cases of individuals in custody, almost double as
    compared to 2009. The Society for Human Rights and Prisoners'
    Aid reported 72 civilian deaths after encounters with police
    and 168 deaths in jails, an increase from the previous year.
    Militant and terrorist bombings in all four provinces and in
    Federally Administered Tribal Areas continued to result in
    deaths and injuries. According to the report, terrorist and
    extremist attacks and operations to combat terrorism and
    extremism resulted in 7,400 deaths, of which nearly 1,800 were
    civilians, over 450 were security forces, and over 5,100 were
    terrorists or insurgents. There were numerous reports of
    politically motivated killings in Karachi and Balochistan.
    According to a report by Dawn, 1,981 persons were killed in
    political violence in Karachi, of which 748 were targeted
    killings. According to Human Rights Watch, the targeted killing
    and disappearance of Baloch leaders, activists, and civilians
    increased in 2010. Religious freedom violations and violence
    and discrimination against religious minorities continued. Some
    people accused of blasphemy against Islam were sentenced to
    life imprisonment or capital punishment. One of them was Aasia
    Bibi, a Christian woman, who was sentenced to death in
    November, becoming the first woman to receive such a harsh
    sentence for blasphemy.
        Uzbekistan continued to incarcerate individuals on
    political grounds. While one political prisoner, human rights
    activist Farhad Mukhtarov, was released during the year, 13 to
    25 political prisoners remained in custody, and family members
    reported that many prisoners were tortured. Human rights
    activists, their family members, and members of certain
    religious groups reported harassment and arrest by police and
    other members of the security forces. Freedom of expression was
    severely limited and harassment of journalists increased during
    the year. Police and security services subjected print and
    broadcast journalists to arrest, intimidation, and violence, as
    well as to bureaucratic restrictions on their activity. The
    criminal and administrative codes imposed significant fines for
    libel and defamation and the government used charges of libel,
    slander, and defamation to punish journalists, human rights
    activists, and others who criticized the president or the
    government. Freedom of association also was restricted. The
    government tightly controlled NGO activity and regulated
    Islamic and minority religious groups with strict legal
    restrictions on the types of groups that could be formed and
    registered. Forced adult and child labor was used during the
    cotton harvest.
    Western Hemisphere
        The government of Cuba released more than 40 political
    prisoners during the reporting period, including many notable
    human rights activists arrested in 2003, although most were
    released on the condition that they leave the country. Cuba
    continued to hold dozens of other political prisoners. The
    government suppressed human rights and fundamental freedoms,
    including freedom of speech, the press, assembly and
    association, movement, and religion. Human rights groups noted
    a marked increase in the use of short-term detentions designed
    to disrupt the work of civil society and harass activists. In
    addition, the government continued to stage public protests to
    harass and abuse activists and their families, particularly the
    Damas de Blanco (``Ladies in White''). Although the government
    characterized the mobs as spontaneous, participants frequently
    arrived in government-owned vehicles or were recruited by local
    Communist Party leaders from nearby workplaces or schools. In
    extreme cases, government-orchestrated mobs assaulted these
    individuals or damaged their homes or property. Members of the
    security forces monitored, harassed, and sometimes physically
    assaulted human rights and prodemocracy advocates, dissidents,
    independent journalists, detainees, and prisoners, and did so
    with impunity. The government did not recognize independent
    journalism, and subjected some independent journalists to
    travel bans, detentions, harassment, equipment seizures, and
    threats of imprisonment. Unauthorized assemblies of more than
    three persons can be punished by up to three months in prison
    and a fine, although these meetings were more likely to be
    broken up than prosecuted.
        Respect for human rights and democratic institutions
    deteriorated over the past year in Nicaragua. Protesting
    opposition party members were denied freedom of assembly. March
    2010 regional elections on the Caribbean coast were marred by
    allegations of widespread irregularities, and credible domestic
    NGOs were denied permission to monitor the election. Other
    issues include politicization of the judiciary and other
    government organs, substantial government interference with
    media freedom, and harassment of NGOs and journalists. Police
    did not protect demonstrators who protested government policies
    and allowed progovernment groups to engage in violent
    activities. The government continued to criticize religious
    leaders who expressed concerns about government practices and
    policies that affected public participation and democratic
    freedoms. Government officials publicly excoriated Catholic
    Church officials who denounced the manipulation of the
    electoral process.
        In Venezuela, the government used the judiciary to
    intimidate and persecute individuals and organizations that
    criticized government policies or actions, including peaceful
    protesters, journalists, a judge, members of opposition
    political parties, NGOs, union and business leaders, and
    ordinary citizens. Government officials also restricted freedom
    of expression, harassing and intimidating privately owned
    television stations, media outlets, and journalists through
    threats, property seizures, targeted regulations, and criminal
    investigations and prosecutions. In late December the National
    Assembly adopted a package of laws that further undermined
    democratic principles and practices in Venezuela, including a
    law delegating legislative authority to the executive that
    extended beyond the term of office of the outgoing National
    Assembly, in violation of the shared values of the Inter-
    American Democratic Charter, and laws imposing new restrictions
    on the independent media, the Internet, political parties, and
    NGOs.

                                     AFRICA

                                  ----------

                                     ANGOLA

        Angola is a constitutional republic with an estimated population of
    17.3 million. The ruling Popular Movement for the Liberation of Angola
    (MPLA), led by President Jose Eduardo dos Santos since 1979, has been
    in power since independence in 1975 and exercised tight, centralized
    control over government planning, policymaking, and media outlets. In
    2008 the Government held the first legislative elections since 1992.
    Domestic and international observers reported that polling throughout
    the country was peaceful and generally credible, despite a ruling party
    advantage due to state control of major media and other resources and
    serious logistical failures that marred polling in the capital of
    Luanda. Security forces reported to civilian authorities.
        Human rights abuses included: the abridgement of citizens' right to
    elect officials at all levels; unlawful killings by police and military
    forces; torture, beatings, and rape by security forces; harsh and life-
    threatening prison conditions; arbitrary arrest and detention; lengthy
    pretrial detention; impunity for human rights abusers; judicial
    inefficiency, lack of judicial independence, and lack of due process;
    infringements on citizens' privacy rights and forced evictions without
    compensation; restrictions on freedom of speech, press, assembly,
    association, and movement; official corruption; restrictions on
    nongovernmental organizations (NGOs); discrimination and violence
    against women; abuse of children; trafficking in persons;
    discrimination against persons with disabilities, indigenous people,
    and persons with HIV/AIDS; limits on workers' rights; and forced labor.
                            respect for human rights
    Section 1. Respect for the Integrity of the Person, Including Freedom
            From:

        a. Arbitrary or Unlawful Deprivation of Life.--There were no
    reports that the Government or its agents committed politically
    motivated killings. However, human rights activists and domestic media
    sources reported that security forces arbitrarily killed an unknown
    number of persons during the year. In 2009 security forces arbitrarily
    killed 61 persons.
        The Government made some progress prosecuting police officers
    responsible for human rights violations. However, impunity remained a
    problem, and the results of investigations into security force abuses
    were seldom released.
        Domestic media and local human rights activists reported that
    police use of excessive force resulted in killings.
        For example, on January 19, police in Luanda were accused of
    killing three male youths. Witnesses reported that a group of masked
    men entered the victims' homes without a warrant and abducted the
    individuals. According to the families' testimony, the three victims
    were shot and killed in a field adjacent to the Special Transit Police
    Station. Subsequently, police delivered the bodies to the local morgue.
        On May 9, police allegedly killed three persons in custody for
    their involvement in crimes, including armed robbery. The National
    Police commander promised to follow leads and arrest the perpetrators,
    but there were no developments by year's end.
        In January 2009 police shot and killed Joaquim Manuel Machado
    during a confrontation with a group of youths in Sambizanga, Luanda.
    Jose Inacio Rene, the police officer identified as Machado's killer,
    had not been tried by year's end.
        In August 2009 police officer Sebastiao Andre killed his son,
    Jeronimo Sebastiao, in Sambizanga, Luanda. No investigation had taken
    place by year's end.
        In September 2009 members of the Armed Forces of Angola (FAA)
    buried alive 45 persons in a tunnel in Lunda Norte after determining
    they were illegal diamond miners. No investigation had taken place at
    year's end.
        There were no developments in September 2009 cases: the case of
    Luandan police who tortured a citizen accused of selling drugs, while
    he was under arrest; he later died when police denied him medical
    assistance; and the arrest and torture by police of a man in Porto
    Amboim who died from serious contusions and cuts.
        In 2008 there were multiple media reports in Luanda that police
    deliberately targeted and killed persons suspected of gang-related
    violence and other criminal activity.
        On March 22, seven officers were sentenced to 24 years in prison
    and fined approximately 72,000 kwanzas ($800) each for shooting and
    killing eight teenagers in 2008. The judge also ordered each family of
    the victims to receive approximately 705,600 kwanzas ($7,840). The
    officers claimed to be part of a special gang task force tasked with
    ridding neighborhoods of gang members, but the National Police denied
    the existence of the task force and relieved the police officers of
    duty.
        On April 27, three National Police officers were sentenced to eight
    years in prison for the 2006 killing of Manuel Domingos in Talatona,
    Luanda.
        The FAA carried out counterinsurgency operations against the
    Military Position (MP) faction of the Front for the Liberation of the
    Enclave of Cabinda (FLEC), which reportedly resulted in at least three
    deaths. The FAA responded to at least three attacks against civilian
    targets for which FLEC-MP claimed responsibility.
        On January 4, FLEC claimed responsibility for an attack on a
    Togolese national soccer team, which had been en route to Cabinda to
    participate in the African Cup of Nations. Three persons were killed
    and nine were injured in the attack. Six persons were arrested for
    tangential involvement, and another two were arrested for direct
    involvement. Of the latter two, one person had been sentenced by year's
    end. The six arrested for tangential involvement were released, and the
    remaining one person was still being tried at year's end.
        In May FLEC claimed responsibility for an attack on Chinese workers
    in Cabinda; one worker was killed and another was wounded.
        Land mines placed during the long civil war remained a threat.
    According to the National Commission for Demining and Humanitarian
    Assistance, land mine and other explosive remnants of war (ERW)
    accidents killed 12 and injured at least three individuals during the
    year. The Government continued to strengthen and expand national
    demining capacity during the year, and it partnered extensively with
    international NGOs on demining operations and mine-risk education.
        On October 3, four children were killed in Malange Province after
    finding a rocket propelled grenade, which exploded when they played
    with it. The accident occurred in an area that was not suspected to
    contain explosive remnants of war.
        On October 8, a 42-year-old woman was severely injured in Malange
    Province when she detonated an unexploded object.
        On October 19, two deminers were killed and two others injured when
    a land mine detonated. The four individuals were clearing ERW from a
    known hazard area.

        b. Disappearance.--Unlike in the previous year, there were no
    reports of politically motivated disappearances. Also unlike in the
    previous year, there were no media reports that persons taken into
    police or military custody disappeared.
        In May 2009 the president of a local movement for autonomy and
    independence, Jota Malakito, was taken into police custody and held
    incommunicado. On October 8, he was transferred from Viana Penitentiary
    Center to Dundo, Lunda Norte, where he was tried with 33 other persons
    accused of crimes against state security and instigating a rebellion.
    As of year's end, Malakito remained in prison.

        c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
    Punishment.--The constitution and law prohibit such practices; however,
    government security forces tortured, beat, and otherwise abused
    persons. Reports of beatings and other abuses in police stations during
    interrogations were common.
        According to Novo Jornal, on May 28, the Association for Justice,
    Peace, and Democracy (AJPD), a local NGO, reported that police
    intimidated citizens, used excessive force and guns against them, and
    used torture and cruel and degrading treatment against detainees.
    AJPD's publication documented examples of prisoners and detainees
    tortured while in police custody between 2006-09. The same NGO reported
    that cases of torture continued during the year.
        Police and other security forces rarely were held accountable for
    torture. Although the Government punished some violators
    administratively, few prosecutions occurred during the year.
        On March 24, a lawyer reported that several civilians awaiting
    trial for alleged participation in a FLEC attack in Cabinda showed
    visible signs of torture.
        The Government continued to conduct operations throughout the
    country to identify, detain, and expel illegal immigrants, particularly
    in the diamond-rich provinces of Lunda Norte and Lunda Sul. Between
    September and December, police expelled approximately 12,000 illegal
    immigrants, most of them diamond workers in Lunda Norte and Lunda Sul.
    NGOs and the media reported acts of violence and degrading treatment,
    including rape and sexual abuse, associated with these operations.
    Based on an assessment mission among those returned to the Democratic
    Republic of Congo (DRC), a UN report cited 117 victims of sexual
    violence in October. The victims, illegal immigrants from the DRC,
    reported being detained and raped by military or police officers before
    being forcibly expelled into the DRC. The Government claimed that the
    allegations were unfounded and that its border police respected
    procedures to return illegal immigrants. The Government reported
    uncovering one case of rape, and was working to prosecute the alleged
    perpetrator at year's end (see section 1.d.).
        Police and immigration officials at border checkpoints and
    provincial airports extorted money from travelers and harassed
    returnees and refugees.
        In April three police officers were sentenced to eight years in
    prison for severely beating a citizen, leaving him partially blind.
        In October 2009 the media reported that seven former agents from
    the National Police claimed that they were tortured while undergoing
    interrogation in prison.
        Abuses by the army continued. In Cabinda FAA troops tortured, beat,
    and illegally detained citizens suspected of FLEC collaboration during
    anti-insurgency operations, according to human rights NGOs.
        In January 2009 a local NGO reported that security forces arrested
    three citizens in Cabinda for crimes against the state and
    collaboration with FLEC. Security forces beat and tortured them with
    cigarette burns, prolonged sun exposure, heavy weights tied to their
    testicles, and flogging until they bled from their ears, noses, eyes,
    and mouths. There were no updates on the case by year's end.
        In November 2009, according to Human Rights Watch (HRW),
    approximately 60 soldiers arrived in the village of Sassa Zau Velho and
    severely beat two elderly men. The soldiers pillaged the men's houses
    and stole money. Villagers reported that the military commander of the
    northern region in Cabinda later apologized. He also reportedly stated
    that if victims could identify the perpetrators, the soldiers would be
    punished. However, the victims were unable to identify the soldiers,
    and the FAA neither restored the stolen goods nor paid damages to cover
    the medical and hospital bills.
        Reports of abuses by private security companies continued,
    especially in Lunda Norte and Lunda Sul. According to reports from
    human rights activists, private security contractors hired by diamond
    companies to protect their concessions from illegal exploitation were
    responsible for most of the violence.
        Land mine and other ERW-related injuries continued during the year,
    as infrastructure improvements made possible increased movement of
    persons and goods in rural, war-affected areas. At least 12 persons
    were killed by unexploded ordnance (see section 1.a.) and at least
    three were injured.

        Prison and Detention Center Conditions.--Prison conditions were
    harsh and life threatening. NGOs reported that prison officials
    routinely beat and tortured detainees.
        Overcrowding and lack of medical care, sanitation, potable water,
    and food caused some prison deaths. It was customary for families to
    bring food to prisoners, but guards demanded bribes as a precondition
    for food delivery. Some prisoners died of disease, especially in
    provincial prisons. Prison conditions varied widely between urban and
    rural areas. As of September 2009 there were 16,183 inmates in prison.
        During the year foreign government officials visited a model prison
    in Bengo that had sanitation, ventilation, lighting, medical care,
    potable water, and sufficient food for the number of prisoners.
        On August 14, Amnesty International (AI) reported that 34 prisoners
    in Lunda Norte suffered from a lack of sanitation, drinking water, and
    food. The same prisoners also suffered from vomiting, diarrhea, blood
    loss, malaria, and pneumonia, for which they received no medical
    treatment. No information was available at year's end on whether the
    prisoners eventually received medical treatment.
        Most prisoners were allowed visitors, and the law provides for
    prisoners to practice freedom of religion. The Government allowed
    prisoners to submit complaints to judicial authorities and to request
    investigation of conditions. The Government investigated and monitored
    prison and detention center conditions.
        The Government opened one new prison in Bengo Province during the
    year. Two facilities were under construction in Lunda Norte and Zaire
    provinces to alleviate the overcrowding that sparked riots in 2007 in
    which at least two persons were killed.
        According to a March 24 article in the Jornal de Angola, the
    N'dalatando prison in Kwanza Norte held 378 prisoners, 305 of whom had
    been sentenced; 73 were in pretrial detention.
        On May 1, the weekly independent newspaper Folho 8 reported that
    more than 2,000 prisoners either were being held nationwide in
    prolonged pretrial detention or were not being released after having
    completed their sentences.
        On June 1, the Kuando prison director reported that the prison,
    which originally was built for 36 prisoners, currently held 565
    inmates, of whom 350 prisoners were in pretrial detention. The prison
    reportedly lacked running water, electricity, a health clinic, and
    educational facilities. Female and male prisoners were housed together.
        Kwanza Sul's jail in Sumbe held 1,144 prisoners, 428 of whom were
    in pretrial detention.
        Chronically underpaid prison officials supported themselves by
    stealing from prisoners and extorting money from inmates' family
    members. Prison guards continued to demand that prisoners pay for
    weekend passes to which they were entitled. There were continued
    reports of prison officials operating an informal bail system,
    releasing prisoners until their trial dates for a fee.
        Female inmates informed the UN Working Group on Arbitrary
    Detentions that prison guards regularly raped them.
        On March 20, the progovernment newspaper Jornal de Angola reported
    that Jean Pierre Kindudi and another inmate, both residents of the DRC,
    had been imprisoned since 2007 in Kwanza Norte Province without contact
    with representatives of their home country.
        On April 17, Folho 8 reported that inmate Beatriz Antonia became
    pregnant while in prison and prison officials encouraged her to have an
    abortion. When she refused, she was placed in solitary confinement.
        Authorities at provincial prisons regularly housed juveniles, often
    incarcerated for petty theft, together with adults, and subjected the
    children to abuse by guards and inmates; however, authorities in urban
    prisons often separated juveniles from the main prison population.
    Juvenile detention centers existed in Luanda but were severely
    overcrowded.
        Authorities frequently held pretrial detainees with sentenced
    inmates and held short-term detainees with those serving long-term
    sentences for violent crimes, especially in provincial prisons. On
    April 30, prison officials released 41 prisoners who were held in
    pretrial detention.
        The Government permitted visits by independent human rights
    observers. The Government permitted foreign diplomatic personnel and
    local and international human rights observers to visit prisons during
    the year. In April a foreign diplomatic delegation visited the prison
    in Bengo Province. Diplomats reported that they were allowed to speak
    to the prisoners, who reported difficulty accessing justice. Some had
    completed their sentences but remained incarcerated because a
    magistrate had not reviewed their cases.
        An ombudsman existed to help ensure cases reached the justice
    system. The office addressed some human rights issues.

        d. Arbitrary Arrest or Detention.--The law prohibits arbitrary
    arrest and detention; however, police legally can detain an individual
    under reasonable suspicion for six hours without evidence of a crime.
    Security forces often did not respect these prohibitions in practice.
        According to a local NGO, police arbitrarily arrested individuals
    without due process. For example, on September 11, five heavily armed
    police officers entered Mateus Manuel da Cunha's residence in Rangel,
    Luanda, without an arrest warrant. They accused the suspect of being a
    ``dangerous antisocial element'' and detained him. No further
    information was available at year's end.
        An investigation continued at year's end into the February 2009
    case in which police arbitrarily detained two youths at police
    headquarters when they delivered an obituary notice about the youths'
    cousin, a victim of a gang killing in Luanda.
        Local human rights NGOs reported that authorities detained family
    members of individuals wanted by the police.
        During the year 24 Cabindans were detained for supposed crimes
    against the state, compared with 30 detained in 2009. HRW reported that
    40 individuals have been arbitrarily arrested in Cabinda since 2007.
        On August 21, the Cabinda Supreme Court freed four citizens, Joao
    Paulo Mombo, Joao Baptista Maiele, Zacarias Joao Zau, and Marcos Lubuca
    Malila Tovo, who were sentenced to 24 months in prison in 2008 for
    crimes against state security. The four were detained in 2008 by FAA
    soldiers, who accused them of involvement in a FLEC attack.

        Role of the Police and Security Apparatus.--The National Police,
    controlled by the Interior Ministry, are responsible for internal
    security and law enforcement. The Internal Intelligence Service reports
    to the presidency and investigates sensitive state security matters.
    The FAA is responsible for external security but also has domestic
    security responsibilities, including border security, expulsion of
    illegal immigrants, and small-scale actions against FLEC separatists in
    Cabinda.
        Other than personnel assigned to elite units, police were poorly
    paid, and the practice of supplementing income through extortion of
    civilians was widespread. Corruption and impunity remained serious
    problems. Most complaints were handled within the National Police by
    internal disciplinary procedures, which sometimes led to formal
    punishment, including dismissal. However, the Government did not
    establish mechanisms to expedite investigations and punish alleged
    offenders, and it rarely disclosed publicly the results of internal
    investigations.
        The Government's closure of the UN Human Rights Office (UNHRO) in
    2008 hampered the Ministry of Interior's efforts to train police and
    army recruits. However, police participated in professional training
    with foreign law enforcement officials from several countries in the
    region.

        Arrest Procedures and Treatment While in Detention.--Prior to an
    arrest, the law requires a judge or magistrate to issue a warrant,
    although a person caught committing a crime may be arrested immediately
    without a warrant. However, security forces did not always procure
    arrest warrants before detaining persons. Police did not obtain
    warrants before conducting searches for illegal vendors and making
    sweeps of public markets. A local NGO estimated that as many as 75
    percent of searches were conducted without a warrant.
        The constitution provides the right to prompt judicial
    determination of the detention's legality, but authorities often did
    not respect this right in practice.
        The law mandates that detainees be informed of charges against them
    within five days, or the prosecutor may permit the suspect to return
    home and provide a warrant of surveillance to local police. This
    generally occurred in practice.
        If the crime is a misdemeanor, the suspect may be detained for 30
    days before trial. If the crime is a felony, the prosecutor may prolong
    pretrial detention up to 45 days. Pretrial detention may be prolonged
    by court order while officials build their case. The requests are not
    in the public domain, which made it difficult to determine whether
    authorities exceeded the limits.
        A functioning but ineffective bail system, widely used for minor
    crimes, existed. Prisoners and their families reported that prison
    officials demanded bribes to release prisoners. Prisoners are allowed
    access to a lawyer.
        Unlawful arrest and detention continued to be serious problems.
    NGOs continued efforts to secure the release of persons detained
    illegally. Detainees should not be held longer than 24 hours, but many
    are held for days. In 2009 NGOs reported more than 500 cases of illegal
    detentions.
        On August 11, AI reported that the 34 persons held in Dundo Prison
    for crimes against state security had been waiting nine months for a
    trial. The individuals participated in an NGO active in Lunda Norte to
    promote administrative and financial federalism for the province.
        In mining provinces such as Lunda Norte, Lunda Sul, and Bie,
    international organizations reported that government security forces
    detained illegal immigrants and their families in transit centers,
    where the security forces subjected them to systematic rape and body
    cavity searches, as well as depriving them of food and water.
        For example, between September and December, police expelled
    approximately 12,000 illegal immigrants, most of them diamond workers
    in Lunda Norte and Lunda Sul. NGOs and the media reported acts of
    violence and degrading treatment, including rape and sexual abuse,
    associated with these operations.
        Security officials arbitrarily arrested members of the opposition.
    On September 23, the online independent news source Club-K reported
    that police in Bie Province detained one person for attending a UNITA
    meeting. However, UNITA member Alcildes Sakala reported that the police
    detained 11 persons over two days for belonging to UNITA.
        Cabinda residents continued to report that security forces detained
    persons suspected of FLEC activity or collaboration.
        Between January 8 and 17, police arrested six individuals,
    Francisco Luemba, Belchior Lanso Tati, Raul Tati, Jose Benjamin Fuca,
    Andre Zeferino Puati, and Barnabe Paca Peso in Cabinda for ``Crimes
    against state security `` for collaborating with FLEC. The six
    individuals were formally charged in March. Andre Zeferino Puati was
    convicted for armed rebellion and homicide allegedly committed on
    January 8 and sentenced in early June to three years in prison for
    possessing documents calling for protest against the Government. On
    August 23, four of the detainees were convicted of ``other acts'' under
    the state security law, sentenced to between three and six years'
    imprisonment, and required to pay $600 to $1,200 fines. They were
    arrested for possessing documents about FLEC and for allegedly
    intellectually supporting the FLEC movement. Barnabe Paca Peso was
    acquitted in September. Luemba, Lanso Tati, Tati, Fuca, and Puati were
    released in late December.
        In early April, Felix Sumbo was detained for possessing T-shirts
    with the names of six detainees and the phrase, ``The truth will set
    them free'' printed on them. Sumbo was held for three days before being
    released.
        Also in early April, police raided Antonio Paca Pemba Panzo's
    residence to search for the same T-shirts. Although police did not find
    the T-shirts, they arrested and detained him for seven months. Panzo
    reported that police mistreated him while in prison. He was released in
    November after charges against him were dropped.
        The law mandates access to legal counsel for detainees and states
    that indigent detainees should be provided a lawyer by the state. These
    rights often were not respected, in part due to the shortage of legal
    professionals. The law also allows family members prompt access to
    detainees; however, this occasionally was ignored or made conditional
    upon payment of a bribe.
        Excessively long pretrial detention continued to be a serious
    problem. An inadequate number of judges and poor communication among
    authorities contributed to it. Police beat and then released detainees
    rather than prepare a formal court case. In some cases, authorities
    held inmates in the prison system for up to two years before their
    trials began. NGOs reported that more than 50 percent of inmates were
    pretrial detainees, most of whom had not been formally charged. The
    Government did not release detainees who had been held beyond the legal
    time limit, claiming that previous releases of pretrial detainees had
    resulted in an increase in crime.

        e. Denial of Fair Public Trial.--The constitution provides for an
    independent judiciary; however, the judiciary remained understaffed,
    inefficient, corrupt, and subject to executive and political influence
    (see section 4).
        The president appoints Supreme Court justices for life terms
    without confirmation by the National Assembly. The Supreme Court
    generally heard cases concerning alleged political and security crimes.
    The Ministry of Defense also tried civilians in military courts.
        There were long trial delays at the Supreme Court level. Criminal
    courts also had a large backlog of cases, which resulted in major
    delays in hearings.
        Informal courts remained the principal institutions through which
    citizens resolved conflicts in rural areas. Traditional leaders also
    heard and decided local cases. These informal systems did not provide
    citizens with the same rights to a fair trial as the formal legal
    system. Instead, each community in which they were located established
    local rules.
        Most municipalities did not have prosecutors or judges. Local
    police often served as investigator, prosecutor, and judge. Both the
    National Police and the FAA have internal court systems that generally
    remained closed to outside scrutiny. Although members of these
    organizations can be tried under their internal regulations, cases that
    include violations of criminal or civil laws can also fall under the
    jurisdiction of provincial courts.

        Trial Procedures.--The law provides for the right to a fair trial;
    however, the Government did not always respect this right. Suspects
    must be in the presence of a judge and defense attorney when charged.
    Defendants are presumed innocent until convicted. By law trials are
    usually public, although each court has the right to close proceedings.
    Juries are not used. Defendants have the right to be present and to
    consult with an attorney in a timely manner. The law requires that an
    attorney be provided at public expense if an indigent defendant faces
    serious criminal charges. Outside of Luanda, the public defender was
    generally not a trained attorney due to shortages in qualified
    personnel. Defendants do not have the right to confront their accusers.
    They may question witnesses against them and present witnesses and
    evidence on their own behalf. The Government did not always respect
    these rights in practice.
        Defendants and their attorneys have the right to access government-
    held evidence relevant to their cases. In addition defendants have the
    right to appeal. Lawyers and prosecutors can appeal if the sentence is
    unsatisfactory, but only a higher court can modify the sentence.
    However, the Government did not always respect these rights in
    practice.
        The law extends to all citizens. A separate court under the
    Ministry of Justice is designated for children's affairs. It functions
    as part of Luanda's provincial court system. The Luanda juvenile court
    hears cases of youth under the age of 18 who are victims of a crime.
    The juvenile court also hears cases of minors between the ages of 12
    and 16 who are accused of committing a criminal offense. Minors over
    the age of 16 accused of committing a criminal offense are tried in the
    regular court system. In many rural provinces, there is no provision
    for juvenile courts, so offenders are tried as adults.

        Political Prisoners and Detainees.--There were reports of political
    prisoners. On September 23, an independent, online news outlet Club-K
    reported that police in Bie Province detained one person for attending
    a UNITA meeting. UNITA member Alcildes Sakala additionally reported
    that police detained 11 persons over two days for belonging to UNITA.
        In May 2009 the president of a local movement for autonomy and
    independence, Jota Malakito, was taken into police custody and held
    incommunicado. On October 8, he was transferred from Viana Penitentiary
    Center to Dundo, Lunda Norte, where he was tried with 33 other persons
    accused of crimes against state security and instigating a rebellion.
    As of year's end Malakito remained in prison.

        Regional Human Rights Court Decisions.--On May 12, the African
    Commission on Human Rights found the country in violation of several
    articles in the African charter in relation to a 2004 case in which 14
    Gambians were deported along with approximately 126,250 other
    foreigners, under a government program called Operacao Brilhante, a
    campaign whose aim was to rid the mining areas of foreigners. The
    commission recommended that the Government establish a commission of
    inquiry to investigate. Foreign Minister Assuncao dos Anjos responded
    that the country was being unjustly criticized, likely due to a
    misunderstanding of its law.

        Civil Judicial Procedures and Remedies.--Although the law provides
    for an independent and impartial judiciary in civil matters, the
    judiciary was subject to political interference. Civil courts
    functioned in some provinces but faced severe backlogs. In 2009
    Luanda's civil courts had more than 2,000 pending civil suits. The
    Ministry of Justice continued work with national and international
    partners to improve court clerk training and technical capacity in
    provincial and municipal civil courts. Damages for human rights
    violations could be sought in court, but no cases were tried during the
    year.

        f. Arbitrary Interference With Privacy, Family, Home, or
    Correspondence.--The constitution and law prohibit such actions, but
    the Government did not always respect these prohibitions in practice.
    For example, citizens widely believed that the Government maintained
    surveillance of certain groups, including government critics,
    opposition parties, and journalists.
        During the year the National Assembly approved a law dictating that
    citizens could not be relocated without being provided a fair
    indemnification. In practice, more than 6,000 persons were relocated
    during the year; most did not receive a fair indemnification. Under the
    new constitution, all land belonged to the state. The state claimed
    many of the former residents did not have clear title to the dwellings,
    which were constructed illegally.
        During the year there were numerous instances in which the
    Government exercised the right of eminent domain to destroy private
    homes. The former homeowners were not compensated at fair market value
    for the loss of their residences or land. The Government demolished
    housing in Cabinda, Benguela, Lubando, Malange, and Huila provinces and
    sometimes forcibly relocated residents to vacant sites.
        For example, on January 25, 12 houses in Benguela were destroyed
    and the residents were relocated to a nearby vacant area.
        On March 6, the Huila provincial government destroyed the homes of
    more than 3,000 persons. Seven persons were killed during the
    destruction, including one child. The individuals were relocated to a
    field in Tchavola approximately six miles outside of Huila. Initially,
    they were provided with tents in a muddy field although eventually the
    Government gave them food, water, medical services, and transportation.
    However, the individuals were not provided fair compensation for their
    homes.
        In August the Huila provincial government also destroyed the homes
    of more than 1,800 persons in Matala and Quipungo municipalities. Huila
    Governor Isaac dos Anjos told the weekly independent newspaper Novo
    Jornal on October 22 that he was following instructions when he ordered
    homes destroyed to make way for the Mocamides railway.
        On September 29, the Benguela provincial government destroyed 1,557
    houses in Lubango. The Government had originally earmarked 320 houses
    for demolition, but it had not warned residents about when the
    demolitions would begin. Residents also were not given land in
    compensation nor materials to construct another house. The new site was
    located four miles from Lubango, making it difficult for residents to
    work.
        During the year officials from the Jardims de Eden housing project
    threatened residents of Luanda's Baghdad and Iraq neighborhoods
    attempting to displace them from profitable building land. Residents
    successfully organized a campaign to resist attempts at intimidation
    and insist on receiving fair indemnification.
        In April 2009 the Government relocated approximately 1,500 families
    (9,000 persons) from downtown Luanda to Zango, 10 miles away. At year's
    end, according to the families' resident's association, only 24
    families had received land. Some individuals were given basic but
    insufficient construction material, resulting in poor quality
    dwellings. Most residents continued to live in tents with no running
    water, health clinics, sanitation services, education, transportation,
    or electricity.
    Section 2. Respect for Civil Liberties, Including:

        a. Freedom of Speech and Press.--The constitution and law provide
    for freedom of speech and of the press; however, government regulations
    and minimal independent media outside of Luanda limited these rights in
    practice. Human rights activists and journalists practiced self-
    censorship.
        For example, journalist Antonio Freitas stated in a May 15
    interview with the BBC that a culture of self-censorship exists among
    journalists.
        Individual citizens reported practicing self-censorship but were
    generally able to criticize the Government without fear of direct
    reprisals. The Government engaged in subtle repression and economic
    coercion, often in the form of withdrawing business or job
    opportunities, to discourage criticism. For example, an NGO reported
    that citizens often curtailed their support of an opposition political
    party because they would suffer reprisal from MPLA supporters.
        There were 12 privately owned weekly newspapers and four Luanda-
    based commercial radio stations. All but three of these publications--
    Folha 8, Angolense, and Agora--were rumored to be owned by groups or
    individuals tied to the Government. The Government permitted state-
    owned Radio Nacional to broadcast nationally, but all other stations
    could only broadcast in provinces where they opened radio stations.
    Authorities did not allow independent stations to use repeaters to
    expand their signal reach. As a result, most private radio stations
    only broadcasted in Luanda. Radio Mais, whose ownership included
    individuals associated with the ruling party, also broadcasted in
    Huambo and Benguela.
        On June 5, the firm Media Investments bought two major privately
    owned newspapers, Semanario Angolense and Semanario A Capital.
    According to a former owner of Semanario Angolense, he was forced to
    sell because the newspaper was no longer profitable, and advertising
    revenues had suddenly and suspiciously ceased. He suspected that
    government-linked officials objected to the newspapers' critical
    editorial line and forced or encouraged advertisers to end contracts
    with the newspaper.
        In August government officials reportedly confiscated and burned
    all 3,500 copies of Seminario Angolense due to an article criticizing
    the president as well as the recent increase in the price of gasoline
    and diesel fuel. The following week the newspaper printed an
    explanation stating that there had been ``technical issues'' with the
    printing of the newspaper.
        In October the new owner of the weekly newspaper A Capital, an
    alleged subsidiary of Media Investments, ordered copies to be burned at
    the press. According to some of the newspaper's editors, that week's
    edition criticized the president's project to build one million houses.
    The paper did not circulate for two weeks.
        Independent radio and print media criticized the Government openly
    and at times harshly, but at their peril. Local journalists were not
    able to criticize government officials, particularly the president,
    without fear of arrest or harassment.
        The Government also restricted nationwide independent broadcasting
    through licensing laws. However, despite such restrictive laws, Radio
    Mais broadcasted to three provinces outside Luanda. During the year
    Radio Ecclesia negotiated with the Ministry of Social Communication to
    expand its broadcast range to five provinces. Multiple community-based
    radio stations opened during the year, including the popular Radio
    Cazenga.
        During the year authorities arrested, harassed, and intimidated
    journalists.
        In January Jose Gimbi received death threats because of his
    reporting, specifically for VOA.
        On September 5, Alberto Graves Chakussanga, a journalist for Radio
    Despertar, was shot and killed in his home in Luanda. It was unclear if
    his death was related to his role as a journalist. An investigation was
    ongoing at year's end.
        In mid-September, there was a burglary at the home of Irene Mujoco,
    a reporter for the weekly newspaper O Pais. All his work-related
    equipment was stolen. A few days later the car of another O Pais
    reporter, Eugenio Mateus, was vandalized. All his belongings in the car
    were stolen.
        On September 23, Norberto Sateco, a reporter for the independently
    owned TV Zimbo, was shot in the legs by unknown assailants in Luanda.
    Sateco had worked for the VOA in Luanda until its multipress office
    closed in 2007.
        On September 30, three Luandan-based journalists travelling to
    Lubando, Huila Province, had their equipment confiscated by local
    police after reporting on the housing demolitions. A heavy police
    presence contributed to a climate of intimidation and hampered the
    media's normal activities at the demolition site.
        On October 22, Antonio Manuel Da Silva, journalist for Radio
    Despertar, a station critical of the Government and linked to the
    opposition party UNITA, was attacked and stabbed on his way home from
    work. An investigation was pending at year's end.
        There were reports that security forces interfered with
    journalists' attempts to take pictures or video during the year. In the
    period prior to the African Cup of Nations soccer tournament in
    Cabinda, journalists were detained for photographing the stadiums.
    Visitors were warned during the year not to take photographs of any
    government-affiliated buildings or persons because security forces
    might seize their cameras or detain them.
        For example, in December 2009 reporters Jose Gimbi and Benoit
    Falcao were detained for photographing a stadium in Cabinda.
        Defamation is a crime punishable by imprisonment or fine. Accuracy
    is not an acceptable defense against defamation charges; the accused
    must provide evidence proving the validity of the allegedly damaging
    material.
        In 2009 journalist Armando Chicoca was accused of defamation. The
    president of the provincial court of Namibe Province, Antonio
    Vissandule, accused Chicoca of four accounts of defamation. Chicoca was
    tried and awaiting sentencing at year's end. Chicoca also reported
    receiving death threats in January, which he felt were linked to two
    legal cases pending against him.
        The minister of social communications, the spokesperson of the
    presidency, and the national director of information, maintained
    significant decision-making authority over the media.
        Official news outlets, including Angolan Public Television (TPA),
    favored the ruling party and largely ignored the opposition in their
    reporting. Opposition parties were given limited access to state-owned
    media and were requested to pay in exchange for coverage of their
    events and statements.

        Internet Freedom.--Individuals and groups could engage in the
    peaceful expression of views via the Internet, including by e-mail.
    Unlike in previous years, there were no reports that the Government
    monitored Internet chat rooms, Web sites, or pressed for the removal of
    defamatory material. Availability of Internet service and Internet
    cafes increased during the year, but the high cost of Internet service
    put it beyond the reach of most citizens.

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

        b. Freedom of Peaceful Assembly and Association.--Freedom of
    Assembly.--The constitution and law provide for the right of assembly;
    however, the Government at times restricted this right. The police
    impeded peaceful demonstrations at least three times during the year.
        The law requires written notification to the local administrator
    and police three days before public assemblies are to be held, but it
    does not require government permission for such events. However, the
    Government at times prohibited events based on perceived or claimed
    security considerations. Participants potentially were liable for
    ``offenses against the honor and consideration due to persons and to
    organs of sovereignty.'' Police and administrators did not interfere
    with progovernment gatherings. However, groups intending to criticize
    the Government often met a heavy police presence and government excuses
    preventing them from carrying out the event. Usually the Government
    claimed that the timing or venue requested was problematic or that the
    proper authorities had not received notification.
        On March 25, the NGO Omunga attempted to stage a peaceful
    demonstration in Benguela to protest housing demolitions. Authorities
    prevented the demonstration from taking place, citing various legal
    arguments. The demonstration eventually took place on April 10 but on a
    much smaller scale.
        On May 22, activists in Cabinda attempted to stage a protest about
    the prolonged pretrial detention of six individuals in prison since
    January. Authorities used a strong police presence to intimidate the
    protesters and prevent the demonstration.
        On November 3, two NGOs, ``Plataforma Mulheres em Accao'' and Open
    Society Institute, walked to the National Assembly to encourage the
    legislature to vote on a law against domestic and family violence. Five
    of the demonstrators were detained for five hours and later released.
    Police claimed that the public demonstration was not authorized.
    Organizers claimed they had notified authorities.

        Freedom of Association.--The constitution and law provide for the
    right of association, and the Government generally respected this right
    in practice. Extensive and unexplained delays in the NGO registration
    process continued to be a problem. For example, four civil society
    associations (AJPD, the Human Rights Coordination Council, Maos Livres,
    and Omunga) constituted between 200006 remained without certificates to
    operate from the Ministry of Justice at year's end. According to the
    Government, there were 329 national and 133 international NGOs active
    in the country.
        The Government sometimes arbitrarily restricted the activities of
    associations it considered subversive by refusing to grant permits for
    organized activities. During the year opposition parties generally were
    permitted to organize and hold meetings; however, opposition officials
    continued to report minor obstructions to the free exercise of their
    parties' right to meet. For example, during the year local authorities
    in multiple provinces threatened to close UNITA's headquarters building
    as well as threatened members who attended meetings.

        c. Freedom of Religion.--For a description of religious freedom,
    please see the 2010 International Religious Freedom Report at
    www.state.gov/drl/irf/rpt.

        d. Freedom of Movement, Internally Displaced Persons, Protection of
    Refugees, and Stateless Persons.--The constitution and law provide for
    freedom of movement within the country, foreign travel, emigration, and
    repatriation; however, the Government at times restricted these rights
    in practice. During the year the Government improved the road network
    and decreased checkpoints between provinces. The Government cooperated
    with the UN High Commissioner for Refugees (UNHCR), the International
    Organization for Migration, and other humanitarian organizations in
    providing protection and assistance to internally displaced persons
    (IDPs), returning refugees, asylum seekers, and other persons of
    concern.
        Extortion and harassment at government checkpoints in rural areas
    and at provincial and international border checkpoints interfered with
    the right to travel. Extortion by police was routine in cities on major
    commercial routes. The Government and private security companies
    restricted access to designated diamond concessions. Citizens living
    near concession areas regularly were denied access for any purpose,
    including obtaining water.
        For example, in November well-known journalist Rafael Marques
    reported that police detained him in Lunda Norte for no reason. After
    extricating himself from the situation, he later encountered another
    threatening road block.
        In May the National Criminal Investigation Department (DNIC)
    investigated William Tonet, the publisher of the weekly newspaper Folha
    8, for supposed crimes against the state; no trial had taken place by
    year's end. On May 9, authorities seized Tonet's passport when he
    attempted to visit Namibia. Police notified Tonet that he was on a list
    of persons forbidden to leave the country.
        NGOs reported that security forces often used excessive force in
    expelling illegal artisanal miners and their families. In late October,
    NGOs in the DRC reported that Angolan officials had subjected more than
    300 persons to lengthy detention in inhumane conditions in Angola,
    deprived them of food and water, and subjected them to sexual violence.
    Authorities then deported the refugees to the DRC and left them at the
    border naked. Angola expelled approximately 12,000 persons in the last
    three months of the year.
        Land mines and other ERW remaining from the civil war continued to
    impede freedom of movement in rural areas.
        The constitution prohibits forced exile, and the Government did not
    employ it.

        Internally Displaced Persons.--Officially there were no IDPs. The
    majority of persons previously considered IDPs did not intend to return
    to their area of origin, as many considered their new locations to be
    home. Some of those yet to return to their homes stated that a lack of
    physical infrastructure and government services, such as medical care,
    and the presence of land mines, were major deterrents to their return.
        The Ministry of Assistance and Social Reinsertion (MINARS) has
    primary responsibility for returnees and any remaining IDPs, as well as
    housing and resettlement programs; however, its efforts remained
    inadequate. MINARS delegated primary responsibility to provincial
    governments to ensure safe, voluntary resettlement in areas cleared of
    mines and with access to water, arable land, markets, and adequate
    state administration.
        From January to November 2009, the Government forcibly expelled
    85,000 illegal Congolese immigrants to Bas-Congo, and the DRC
    retaliated by forcibly returning approximately 52,000 recognized
    Angolan refugees. However, smaller expulsions along the entire border
    between the two countries continued throughout the year. The United
    Nations Organization Mission in the Democratic Republic of Congo
    verified that DRC authorities had conducted most of their expulsions in
    2009 peacefully. Nonetheless, expelled Congolese entering the DRC
    reported that Angolan security forces committed abuses against them.
    According to the UNHRO, between January and February 2009, 9,205
    Congolese allegedly were expelled from the country, including 1,943
    women of whom 304 allegedly were raped.
        By February all Angolan returnees who left the DRC in late 2009 had
    been settled in communities, mostly in Uige and Zaire provinces.
    Government officials and returnees reported in both February and
    September that they still needed legal assistance to regularize their
    status, supplies to restart their careers, education and language
    training, agricultural supplies, and housing materials.
        The Government did not usually restrict aid efforts by
    international humanitarian groups. However, the International
    Organization for Migration and other international organizations
    reported that the Government sometimes denied them access to camps for
    returnees in Zaire and Uige provinces before the returnees were settled
    in communities.

        Protection of Refugees.--The country's law provides for the
    granting of asylum or refugee status, and the Government has
    established a system for providing protection to refugees. There were
    14 refugee settlement areas, 10,537 refugees, and 3,936 asylum seekers
    during the year.
        The Government provided some protection against the expulsion or
    return of refugees to countries where their lives or freedom would be
    threatened on account of their race, religion, nationality, membership
    in a particular social group, or political opinion. In October 2009 the
    Government and the UNHCR resumed joint efforts to repatriate thousands
    of refugees remaining outside the country since the civil war. These
    efforts continued during the year.
        During the year Angolan refugees returned from Namibia, Zambia, the
    Republic of Congo, and the DRC. According to UNHCR statistics,
    approximately 85,000 Angolan refugees remained in neighboring countries
    at year's end.
    Section 3. Respect for Political Rights: The Right of Citizens to
            Change Their Government
        The constitution and law provide citizens with the right to change
    their government peacefully. Citizens were able to exercise the right
    to elect legislative representatives in 2008. The new constitution,
    adopted in February, designates the president as head of state, renamed
    the parliament the ``National Assembly,'' and replaced the prime
    minister with a vice president. However, the right to elect local
    leaders remained restricted and elections did not occur at the
    provincial or municipal levels.

        Elections and Political Participation.--After having postponed
    parliamentary elections for two years, the Government held the first
    postwar elections in 2008. The ruling MPLA won 81.6 percent of the
    vote. Domestic and international observers reported that polling
    throughout the country was peaceful and generally credible, although
    the ruling party enjoyed advantages due to state control of major media
    and other resources. Serious logistical failures marred polling in the
    capital, Luanda. Opposition parties criticized many aspects of the
    electoral process, including state control of the major media, late
    disbursement of public campaign funds, the National Electoral
    Commission's (CNE) failure to accredit some opposition and civil
    society electoral observers, and the CNE's last-minute decision to
    discard the legal requirement that a voter registry be used to verify a
    voter's identity and residence at polling stations. Despite these and
    other irregularities, election day was peaceful, and more than 87
    percent of registered voters participated. Opposition parties generally
    accepted the electoral results.
        Observers had expected a presidential election in 2009. However,
    elections did not occur due to a delay to accommodate constitutional
    reform. The new constitution calls for elections within five years of
    the previous elections. Voters will elect candidates from a party list,
    with the presidential candidate at the head of the list.
        The new constitution calls for a ``gradual'' dissemination of power
    to the provincial and municipal level.
        The ruling MPLA party dominated all political institutions.
    Political power was concentrated in the presidency and the Council of
    Ministers, through which the president exercised executive power. The
    council can enact laws, decrees, and resolutions, assuming most
    functions normally associated with the legislative branch. The National
    Assembly consists of 220 deputies elected under a party list
    proportional representation system. This body has the authority to
    draft, debate, and pass legislation, but in practice laws generally
    were drafted and proposed by the executive branch for the assembly's
    approval. After the 2008 legislative elections, opposition deputies
    held fewer than 20 percent of the parliamentary seats.
        In August the president of the National Assembly issued a decree
    that curtailed the National Assembly's ability to question certain acts
    of the executive branch. The power to hold the executive branch
    accountable had not been restored by year's end.
        There were five political parties represented in the National
    Assembly: the MPLA, UNITA, the National Liberation Front for Angola ,
    the Social Renovation Party , and Novo Democracia. After the 2008
    elections, any of the 96 parties that failed to obtain a legislative
    seat or 0.5 percent of the vote ceased to exist. Under the new
    constitution, at least two new parties could seek legalization to run
    in the next elections, scheduled for 2012.
        Opposition parties stated that their members were subject to
    harassment, intimidation, and assault by supporters of the MPLA. UNITA
    continued to argue that the MPLA had not lived up to the terms of the
    2002 peace accord, and former combatants lacked the social services and
    assistance needed to reintegrate into society. Former combatants also
    reported difficulties obtaining pensions due to bureaucratic delays or
    discrimination. UNITA headquarters buildings in at least three
    provinces were denied access to public utilities, including electricity
    and water. During the year UNITA reported that its flags were defaced
    and its buildings vandalized.
        In July UNITA reported that a member was attacked and killed on the
    street while leaving a party meeting. The victim was wearing a UNITA T-
    shirt. Party representatives believed the attack was politically
    motivated.
        On July 28, Jornal de Angola ran a full-page article titled, ``The
    Coup-ist Thesis of UNITA's Youth Movement (JURA).'' The article
    extracted statements from JURA's platform to portray the movement as
    trying to overthrow the Government. UNITA interpreted this article and
    two others highlighting the JURA youth conference as instances of
    intimidation and slander.
        On August 2, a woman wearing clothes that identified her as a UNITA
    member was beaten and killed as she was leaving a UNITA meeting. UNITA
    members believe she was killed because of her party affiliation.
        In September UNITA reported that one of its members, Soba Bernardo
    Samangomba, was detained by the Bie police for four days for attending
    a UNITA meeting.
        Opposition party members and civil society leaders cited examples
    of political intolerance during the 2008 election process.
        Of the 220 deputies in the National Assembly, 82 were women (38
    percent), exceeding the UN-recommended quota of 30 percent . Women also
    held three of the 18 governorships (16 percent) and led nine of the 31
    ministries (29 percent).
        The country has three dominant linguistic groups: the Ovimbundu,
    the Mbundu, and the Bakongo, which together constitute approximately 77
    percent of the population. All are represented in government. Other
    groups are also taking part in governing at the national level. There
    were six members of smaller ethnic groups in the National Assembly and
    one minority member in the cabinet who was Chokwe. Political parties
    must be represented in all 18 provinces; however, the majority of
    political parties had limited national constituencies. By law no
    political party could limit party membership based on ethnicity, race,
    or gender.
    Section 4. Official Corruption and Government Transparency
        The law provides criminal penalties for official corruption;
    however, the Government did not implement these laws effectively, and
    local and international NGOs and media sources reported that officials
    engaged in corrupt practices with impunity. The Financial Court was the
    Government agency responsible for combating government corruption;
    however, the DNIC also investigated some cases.
        The World Bank's Worldwide Governance Indicators reflected that
    corruption was a severe problem.
        Government corruption was widespread, and accountability was
    limited due to a lack of checks and balances, lack of institutional
    capacity, and a culture of impunity. Despite the widespread perception
    that government corruption at all levels was endemic, public
    prosecutions were rare.
        In October the president fired both the minister of the interior
    and the vice minister for immigration for authorizing the illegal
    extradition of a Portuguese citizen from Sao Tome and Principe. The
    media reported that the Portuguese man was accused of embezzling funds
    from a local businessman, who also was a business partner of the
    interior minister. Despite a presidential statement declaring the
    extradition illegal, no charges were brought against any government
    officials involved in the case.
        In March the National Assembly approved a new law on public
    probity, which required most government officials to declare their
    assets to the attorney general. However, the information was not made
    available to the general public during the year, and the president,
    vice president, and president of the National Assembly were exempt from
    the law's requirements.
        The judiciary is corrupt and subject to political influence and
    conflict of interest.
        In April five high-level immigration officials were convicted of
    embezzlement of public funds and accepting bribes. They were sentenced
    to prison terms of eight years. In September the Constitutional Court
    overturned the convictions. The court stated that the accused
    officials' right to due process and a fair trial had been violated.
    However, the press reported several conflicts of interest in the
    ruling; in particular, the president of court and one of its judges
    were both owners of the law firm that defended the accused and the lead
    defense lawyer had also worked as a consultant to the court.
        The Government made progress in improving transparency in its
    economic operations, in large part due to the measures implemented
    under a loan agreement reached with the International Monetary Fund
    (IMF) in November 2009.
        As a condition of the loan, the IMF required that the 2008 audit of
    the state-owned oil company, Sonangol, be completed by an audit firm of
    international reputation. The Government agreed to publish Sonangol's
    audited financial statements for 2007 and 2008 and to adopt this new
    transparency as part of normal standard practice for the future. In
    addition the Government committed gradually to phase out the quasi-
    fiscal activities of Sonangol to concentrate better such operations in
    the central government. The Government continued to publish online a
    detailed block-by-block accounting of the monthly revenues it received
    from Sonangol's oil production. The Government also published its
    proposed budget online, prior to adoption by the National Assembly.
    However, there continued to be a significant lack of transparency in
    the overall process of the Government's procurement and use of loans,
    taken from both private banks and foreign governments.
        To monitor and control expenditures more effectively, the Ministry
    of Finance continued implementation of the Integrated Financial System,
    a system designed to record all central government expenditures.
        Parastatals, most notably Sonangol, were required to report
    revenues to the central bank and the Ministry of Finance, but
    inconsistent accounting practices hampered transparency.
        Audits of Endiama, the state diamond parastatal, were not made
    public. Serious transparency problems remained in the diamond industry,
    particularly regarding allocation of exploration, production, and
    purchasing rights.
        The business climate continued to favor those connected to the
    Government. Government ministers and other high-level officials
    commonly and openly owned interests in companies regulated by or doing
    business with their respective ministries. There are laws and
    regulations regarding conflict of interest, but they were not widely
    enforced. Petty corruption among police, teachers, and other government
    employees was widespread. Police extorted money from citizens and
    refugees, and prison officials extorted money from family members of
    inmates (see sections 1.c., 1.d., and 2.d.).
        There were credible reports of high-level officials receiving
    substantial bribes from private companies awarded government contracts.
        The law provides for public access to government information;
    however, the information posted on most government Web sites remained
    limited. The Government's limited technical capabilities restricted its
    ability to provide information. Laws are made public by being published
    in the official gazette; this publication can be purchased for a small
    fee but is not available online.
    Section 5. Governmental Attitude Regarding International and
            Nongovernmental Investigation of Alleged Violations of Human
            Rights
        A variety of domestic and international human rights groups
    operated throughout the country. Some of those investigating government
    corruption and human rights abuses alleged government interference in
    their activities throughout the year.
        More than 320 domestic NGOs and 133 international NGOs operated in
    the country. An estimated 100 NGOs worked on human rights issues,
    although only a few were considered effective. Local NGOs actively
    promoted and defended human rights during the year by documenting
    prison conditions, protesting forced evictions, providing free legal
    counsel, lobbying government officials, and publishing investigative
    reports.
        The Law of Association requires NGOs to specify their mandate and
    areas of activity. The Government used this provision to prevent or
    discourage established NGOs from engaging in certain activities,
    especially those that were politically sensitive or related to election
    issues. Six NGOs did not have a registry certificate. Government
    officials threatened to ban those NGOs it determined to be operating
    outside their mandate or not effectively working on the specific issues
    they were created to address; however, NGO leaders suspected the motive
    was to silence their criticism. No new NGOs were banned during the
    year.
        Problems with governmental delays in processing registration
    applications for NGOs continued. At least four NGOs remained
    unregistered. One local NGO, AJPD, having not received the registration
    certificate,filed a case against the Ministry of Justice to court. The
    case had been pending since 2002, and there was no resolution by year's
    end.Despite the lack of certification, all four organizations continued
    to operate under a clause in the registration law that automatically
    granted legal operating status if authorities did not reject a group's
    application within 150 days, and the group continued to work closely
    with some ministries.
        The Government allowed local NGOs to exist and to carry out human
    rights-related work. However, many NGOs were forced to limit the scope
    of their work because they faced problems registering, were subject to
    subtle forms of intimidation, and risked more serious forms of
    harassment and closure.
        The Government arrested and harassed NGO workers. On April 20,
    Omunga Director Jose Patrocinio was detained in Luanda's airport.
    Officials stated they had to verify the authenticity of his passport.
    Others believe his detention was in retaliation for protesting the
    destruction of houses.
        Unlike in the previous year, the Government also criticized
    domestic and international NGOs.
        There were reports of police or military presence at community
    meetings with international NGOs, especially in Cabinda.
        Unlike in the previous year, there were no reports of foreign human
    rights workers or researchers being detained.
        Mpalabanda, a civil society organization formerly based in Cabinda,
    remained banned. Its registration was rescinded in 2006 when it joined
    the Cabindan Forum for Dialogue, an umbrella organization that
    negotiated peace with the Government. The Government determined that
    Mpalabanda was acting as a political entity outside of its legal
    mandate as a civil society organization. Mpalabanda supporters
    continued to distribute statements through the Internet and to attend
    public forums throughout the year. Former leaders experienced low-level
    harassment and intimidation throughout the year. For example, four of
    the seven individuals detained in Cabinda for links with the attack on
    the Togolese team were previous members of Mpalabanda.
        The Government did not refuse visas to international NGO observers
    or otherwise restrict their access to the country. However, some
    international NGOs reported long delays in obtaining visas, although
    the delays were not significantly longer than those experienced by
    other foreigners.
        The Government cooperated with international governmental
    organizations and permitted visits by UN representatives; however, in
    2008 the UNHRO closed its office following a government decision not to
    grant a full mandate to the office. The decision to close the office
    directly contradicted government commitments to work more closely with
    the UNHRO, which were made when Angola won a three-year term on the UN
    Human Rights Council in 2007.
        The African Commission on Human Rights criticized the Government
    for the deportation of Gambian citizens (see section 1.e.).
        The National Assembly committee on human rights ostensibly focused
    on human rights in the legislature; however, it did not issue any
    reports.
        State Secretary for Human Rights Bento Bembe spoke frequently about
    human rights during the year. The position--a cabinet level minister
    dedicated to human rights--has helped focus attention on human rights
    in the country.
        The Government denied allegations that the FAA perpetrated human
    rights abuses in the DRC from 1993-2003 as reported in a UN Mapping
    Report released during the year.
    Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
        The constitution and law prohibit discrimination based on race,
    gender, religion, disability, language, or social status; however, the
    Government did not effectively enforce these prohibitions. Violence and
    discrimination against women, child abuse, child prostitution,
    trafficking in persons, and discrimination against persons with
    disabilities and indigenous persons were problems.

        Women.--Rape, including spousal rape, is illegal and punishable by
    up to eight years' imprisonment; however, limited investigative
    resources, poor forensic capabilities, and an ineffective judicial
    system prevented prosecution of most cases. The Organization of Angolan
    Women operated a shelter in Luanda that offered special services for
    rape victims. In 2009 the police commissioner in Luanda estimated that
    10 cases of rape occurred daily nationwide, 40 percent in Luanda. The
    Ministry of Justice worked with the Ministry of Interior to increase
    the number of female police officers and to improve police response to
    rape allegations. Police in Benguela were concerned with an increase in
    rape, especially rape of children, as reported in a November 7 article
    in the Jornal de Angola.
        On May 1, the newspaper Folho 8 reported that a police officer
    raped a 22-year- old woman.
        Domestic violence against women, including spousal abuse, was
    common and pervasive, particularly in urban areas. Domestic violence is
    not illegal; however, the Government occasionally prosecuted it under
    the law as rape or assault and battery. A 2007 preliminary study on
    domestic violence in Luanda indicated that 78 percent of women had
    experienced some form of violence since the age of 15. Twenty-seven
    percent of women reported abuse in the 12 months preceding the study;
    among women living in the poor outskirts of Luanda, 62 percent reported
    abuse in the same time period. During the year police recorded 831
    cases of domestic violence. The Ministry of Family and Promotion of
    Women (MINFAMU) registered 283 cases of domestic violence for 2008.
    Common-law husbands or boyfriends perpetrated the majority of violence.
    The MINFAMU maintained a program with the Angolan Bar Association to
    give free legal assistance to abused women; the ministry maintained
    counseling centers to help families cope with domestic abuse.
    Statistics on prosecutions for violence against women under these laws
    during the year were not available.
        Religious leaders in Lunda Norte and Uige reported that societal
    violence against elderly persons and rural and impoverished women and
    children occurred occasionally, with most cases stemming from
    accusations of witchcraft. Some women were killed, beaten, or expelled
    from their families, or died from mistreatment and malnourishment. The
    religious leaders, who offered church-run shelters to the victims,
    reported that police did not take action due to fears that the women
    might practice witchcraft against them. According to an April 2009
    article, priests killed more than 400 persons in ``faith-based'' cures
    that involve violent rituals, beatings, and poison.
        Sexual harassment was common and is not illegal. However, such
    cases may be prosecuted under assault and battery and defamation
    statutes.
        Information on government provisions for reproductive health
    services or diagnosis and treatment of sexually transmitted infections,
    including HIV, was not available. Couples and individuals may decide
    freely and responsibly the number, spacing, and timing of their
    children, and have access to the information and means to do so free
    from discrimination, coercion, and violence. Women have access to
    contraception. According to a 2009 study published during the year,
    17.7 percent of women have used contraception. According to the same
    study, 47 percent of women who gave birth had four or more prenatal
    consultations. Approximately 67 percent of women saw a qualified person
    at least once, 49 percent of births were attended by a qualified
    person, and 42 percent gave birth in a medical center. There were no
    reports of coercive family planning practices, nor coercive
    sterilization. There were no legal, social, cultural, or other barriers
    that limit access to these services.
        Under the constitution and law, women enjoy the same rights as men;
    however, societal discrimination against women remained a serious
    problem, particularly in rural areas. There were no effective
    mechanisms to enforce child support laws, and women generally bore the
    major responsibility for raising children. In addition the Ministries
    of Labor and Health published an executive decree that listed the types
    of jobs prohibited to women.
        The law provides for equal pay for equal work; however, women
    generally held low-level positions in state-run industries and in the
    private sector or worked in the informal sector. In an interministerial
    effort spearheaded by the MINFAMU, the Government undertook multiple
    information campaigns on women's rights and domestic abuse and hosted
    national, provincial, and municipal workshops and training sessions
    during the year.

        Children.--The Government was committed to protect children's
    rights and welfare but lacked the human and logistical resources
    required to provide necessary programs. The National Institute for
    Children (INAC) had primary responsibility for coordinating government
    action concerning children's affairs.
        Citizenship is derived by birth within the country's territory or
    from one's parents. However, the Government does not register all
    births immediately, and activists reported that many urban and rural
    children remained undocumented. As many as 30 percent of children under
    five years old were undocumented, according to a 2009 study released
    during the year. The Government did not permit undocumented children
    access to the educational system, and fees for birth certificates and
    identification cards remained prohibitive for impoverished families.
    Although the official registration drive ended in 2004, the Government
    continued to partner with UN Children's Fund to identify and assist
    undocumented children and provided limited subsidies to cover fees for
    families with proven financial need. The Government implemented a
    previous plan to provide birth certificates in health clinics and
    maternity wards during the year.
        Education is free and compulsory for documented children until the
    sixth grade, but students often had significant additional expenses.
    The Ministry of Education had insufficient resources, and educational
    infrastructure remained in disrepair. There were insufficient schools
    and teachers to provide universal primary education. According to a
    study conducted during the year, 77 percent of children between the
    ages of six and 11 attended primary school. The same study reported
    that 21 percent of students between the ages of 12 and 17 attended
    secondary school. An independent study late in the year reported 18
    percent of boys and 13 percent of girls enrolled in secondary or higher
    education. The same study reported that 25 percent of the school-age
    population did not attend school, and the drop out rate was 30 percent.
        Children of any age in an urban area were more likely to attend
    school than children in a rural area. Children in rural areas generally
    lacked access to secondary education. Even in provincial capitals,
    there were not enough classroom spaces for all the children who needed
    school access. There were reports of families paying bribes to
    education officials to ensure their child got a place in a classroom.
    According to the UN Educational, Social, and Cultural Organization,
    enrollment rates were higher for boys than for girls, especially at the
    secondary level.
        The Government provided free medical care for children with
    identity documents at pediatric hospitals and health posts throughout
    the country; however, in many areas, health care was limited or
    nonexistent. Where medical care was available, boys and girls had equal
    access.
        Child abuse was widespread. Reports of physical abuse within the
    family were commonplace, and local officials largely tolerated abuse.
    Religion and superstitions played a role in child abuse. During the
    year abuse of children accused of witchcraft continued to be a problem.
    Children accused of witchcraft were subject to abuses such as isolation
    from their families, denial of food and water, ritualistic cuttings,
    and the placing of various caustic oils or peppers on their eyes or
    ears. Children were sometimes killed during ``exorcism'' rituals. Most
    cases of abuse relating to traditional beliefs occurred in Luanda,
    Uige, and Zaire provinces. Vulnerable children, such as orphans or
    those without access to health care or education, were more likely to
    be victims of practices involving witchcraft. Government and religious
    leaders called for an end to these practices, but the influence of
    these traditional beliefs remained strong.
        In September 55 children in Sanza-Pombo, Uige Province, were
    accused of being witches. A Congolese priest chained and tortured 12
    children for being witches and therefore dangerous to their families.
    Churches, many based in the DRC, convinced impoverished families living
    in rural areas and the outskirts towns that their children had
    supernatural powers--leading to allegations that these children were
    practicing witchcraft. According to the National Institute for Religion
    Affairs, some religious sects were closed last year because they
    endangered the health and welfare of citizens. Despite the lockout of
    these religious sects, sporadic information on children accused of
    practicing witchcraft continued especially in the northern provinces.
    However, INAC reports that incidents involving witchcraft have gone
    down 70 percent from 2003 through the end of the year. The INAC also
    reported that an unknown number of individuals had gone to jail for
    alleging children committed witchcraft.
        In 2007 the Government created the National Children's Council, an
    interministerial commission designed to define priorities and
    coordinate the Government's policies to combat all forms of violence
    against children, including unlawful child labor, trafficking, and
    sexual exploitation.
        The legal age for marriage, with parental consent, is 15 years old.
    The Government did not enforce this restriction effectively, and the
    traditional age of marriage in lower income groups coincided with the
    onset of puberty. Common-law marriage was regularly practiced.
        Child prostitution is illegal; however, local NGOs expressed
    concern over child prostitution, especially in Luanda and Cunene
    provinces. In February 2009 media sources reported on child
    prostitution cases in Luanda. In March 2009 NGO leaders appealed to the
    Government for a response; however, they did not receive one by year's
    end.
        Sexual relations between an adult and a child under the age of 12
    are considered rape. Sexual relations with a child between the ages of
    12 and 15 may be considered sexual abuse, with convicted offenders
    liable for sentences of up to eight years in prison; however, limited
    investigative resources and an inadequate judicial system prevented
    prosecution of most cases. There were no known prosecutions during the
    year.
        The country is not a party to the 1980 Hague Convention on the
    Civil Aspects of International Child Abduction. For information on
    international parental abduction, please see the Department of State's
    annual report on compliance at http://travel.state.gov/abduction/
    resources/congressreport/congressreport--4308.html as well as country-
    specific information at http://travel.state.gov/abduction/country/
    country--3781.html.)

        Anti-Semitism.--There is a Jewish community of approximately 350
    persons, primarily Israelis. There were no reports of anti-Semitic
    acts.

        Trafficking in Persons.--For information on trafficking in persons,
    please see the Department of State's annual Trafficking in Persons
    Report at www.state.gov/g/tip.

        Persons With Disabilities.--The law prohibits discrimination
    against persons with disabilities in employment, education, and access
    to health care or other state services, but the Government did not
    effectively enforce these prohibitions. The constitution mentions
    persons with disabilities in articles 23 (principle of equality), 77
    (health and social protection), 80 (childhood), 83 (disabled citizens),
    and 84 (ex-combatants and veterans). Article 83 of the constitution
    grants persons with disabilities full rights without restrictions. The
    constitution permits the state to adopt a national policy to prevent,
    treat, rehabilitate, and integrate persons with disabilities, provide
    support for their families, remove obstacles to mobility, raise
    awareness in society, and foster special education and training
    opportunities. A law to address specific issues for persons with
    disabilities was drafted in 2004, but never passed. The law would have
    included access to essential services, social protection, and physical
    access to buildings.
        Persons with disabilities included more than 80,000 land mine
    victims. Persons with albinism were common victims of discrimination,
    although church groups worked to eliminate the abuse. The NGO Handicap
    International estimated that persons with disabilities constituted 10
    percent of the population. However, an August study estimated that 2.6
    percent of the population had a physical or mental disability.
    According to government statistics in 2005, there were 170,000 persons
    with disabilities, most of them between the ages of 25 to 44, and 56
    percent were male. Only 30 percent of persons with disabilities were
    able to take advantage of state-provided services such as physical
    rehabilitation, schooling, training, or counseling.
        There is no legislation mandating accessibility for persons with
    disabilities to public or private facilities, and it was difficult for
    such persons to find employment or participate in the education system.
    MINARS maintained an office to address problems facing persons with
    disabilities, including veterans with disabilities, and several
    government entities supported programs to assist individuals disabled
    by land mine incidents. During the 2008 election, the Government
    provided voting assistance to persons with disabilities. The country
    had not signed the United Nations Convention on the Rights of Persons
    with Disabilities by year's end.

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

        Societal Abuses, Discrimination, and Acts of Violence Based on
    Sexual Orientation and Gender Identity.--The law does not criminalize
    homosexuality or sodomy, although discussing homosexuality in society
    was highly taboo. The constitution defines marriage as between a man
    and a woman, but the law does not differentiate between male to male or
    female to female sex. NGOs have reported a small but underground
    lesbian, gay, bisexual, and transgender community in Luanda. On June
    25, the television station TPA broadcasted a program where a member of
    the gay community discussed discrimination and intimidation based on
    sexual orientation.

        Other Societal Violence or Discrimination.--Discrimination against
    those with HIV/AIDS is illegal, but lack of enforcement allowed
    employers to discriminate against persons with the disease. Local NGOs
    reported cases of discrimination against professionals with HIV/AIDS.
    There were no reports of violence against persons with HIV/AIDS. The
    Government's National Institute for the Fight Against HIV/AIDS
    conducted HIV/AIDS awareness and prevention campaigns. Local NGOs
    worked to combat stigmatization and discrimination against persons
    living with HIV/AIDS.
    Section 7. Worker Rights

        a. The Right of Association.--The constitution and law provide for
    the right of workers to form and join independent unions, and workers
    exercised this right in practice; however, government approval is
    required. The law provides for rights for trade unions. However, the
    Government admitted that unions were hampered by membership and
    legalization issues.
        The law allows unions to conduct their activities without
    government interference, although the Government did not protect this
    right. Labor unions independent of the Government-run unions worked to
    increase their influence, but the ruling MPLA continued to dominate the
    labor movement due to historical connections between the party and
    labor. There were unions for journalists, teachers, and taxi drivers,
    among others.
        Workers have the right to strike, although strict bureaucratic
    procedures must be followed for a strike to be considered legal, and
    the Government can deny the right to strike or obligate workers to
    return to work. According to the law all workers could strike, except
    government workers.
        Construction workers reportedly went on strike in Luanda because
    they were not paid for many months.
        In October taxi drivers marched to the Benguela government palace
    to protest an increase in fuel prices. The taxi drivers' association
    and government officials met on October 20 and reached an agreement.
    Subsequently, taxi drivers in Huambo, Huila, and Luanda provinces
    raised fares due to the increase in the price of fuel.

        b. The Right to Organize and Bargain Collectively.--The
    constitution and law provide for the right of unions to conduct their
    activities without interference, but the Government did not always
    protect this right. The law protects the right to establish a union for
    the purpose of collective bargaining. The Government routinely thwarted
    union efforts at collective bargaining with long delays in processing.
        There are no legal restrictions on collective bargaining, but
    bargaining was restricted in practice. The Government is the country's
    largest employer, and the Ministry of Public Administration,
    Employment, and Social Security (MAPESS) centrally mandated wages.
        The law prohibits antiunion discrimination and stipulates that
    worker complaints be adjudicated in labor court. Under the law,
    employers are required to reinstate workers who have been dismissed for
    union activities; however, the judicial system did not enforce these
    provisions.
        The constitution grants workers the right to engage in union
    activities, but the Government may intervene in labor disputes that
    affect national security, particularly strikes in the oil sector. The
    Ministry of Labor has a hotline for workers who believe their rights
    have been violated. The law does not effectively prohibit employer
    retribution against strikers, and it permits the Government to force
    workers back to work for ``breaches of worker discipline'' or
    participation in unauthorized strikes.
        There are no export processing zones.

        c. Prohibition of Forced or Compulsory Labor.--The law prohibits
    forced or compulsory labor, including by children, but international
    NGOs reported that such practices occurred. The Ministry of Justice has
    effective enforcement mechanisms for the formal economic sector;
    however, most labor law violations occurred outside the formal economy
    and were not subject to legal sanctions. Men and boys were trafficked
    into the country for forced labor, especially in the construction
    sector. Forced labor occurred in the artisanal diamond mining sector.
    Migrant workers were employed in forced labor conditions in diamond
    mining areas, particularly in Lunda Norte and Lunda Sul. The Government
    took steps to eliminate illegal immigration and illegal diamond mining
    activities during the year.
        See also the Department of State's annual Trafficking in Persons
    Report at www.state.gov/g/tip.

        d. Prohibition of Child Labor and Minimum Age for Employment.--
    Child labor in the formal sector was restricted under the law; however,
    child labor, especially in the informal sector, remained a problem. The
    law clearly prohibits children under 14 years old from working.
    However, children could work from age 14 to 16 with parental
    permission. Children could not work if it interfered with schooling.
    MAPESS had oversight of formal work sites and determined the age of the
    workers in all 18 provinces. If they determined a business was using
    child labor, they transferred the case to the Ministry of Interior to
    investigate and possibly press charges. An unknown number of businesses
    have been warned or fined for using child labor. However, MAPESS cannot
    regulate the informal sector.
        In 2007 in Kwanza Sul Province, independent newspaper journalists
    found children as young as 10 years old working full time on a
    plantation; they did not attend school and stated that they were often
    paid with food. The local manager was fired, but no charges were filed
    against the local or general managers.
        On October 30, the newspaper Agora published a study conducted in
    Benguela that found more than 70,000 children worked in the country. A
    living standards survey published during the year by Inquerito
    Integrado Sobre o Bem Estar da Populacao reported that 20.4 percent of
    children between the ages of five to14 worked; however, more children
    worked in rural than in urban areas. The study also reported that boys
    and girls were equally likely to work.
        Most work done by children was in the informal sector. Children
    engaged in wage-earning activities, such as agricultural labor on
    family farms and commercial plantations, fishing, charcoal production,
    domestic labor, and street vending. Exploitive labor practices included
    forced prostitution, involvement in the sale or transport of illegal
    drugs, and the offloading and transport of goods in ports and across
    border posts. Children reportedly were used as couriers in the cross-
    border trade with Namibia.
        Street children were common, especially in the provinces of Luanda,
    Benguela, Huambo, and Kwanza Sul. Investigators found children working
    in the streets of Luanda, but many returned to some form of dwelling
    during the evening. Most of these children shined shoes, washed cars,
    carried water, or engaged in other informal labor, but some resorted to
    petty crime, begging, and prostitution.
        The MAPESS inspector general is responsible for enforcing all labor
    laws, including complaints of child labor. The Ministry of Family and
    Women's Promotion and the National Children Institute (INAC) play a
    significant role in coordinating the response to a case of child labor
    and protecting possible victims. Ultimately, the Ministries of Interior
    and Justice investigated and prosecuted a case of child labor.
        A separate court under the Ministry of Justice is designated for
    children's affairs. The Luanda juvenile court hears cases of youth
    under the age of 18 who are victims of a crime. The juvenile court also
    hears cases of minors between the ages of 12 and 16 accused of having
    committed criminal offenses. Regular courts hear the cases of minors
    between the ages of 16 and 18 who are accused of criminal offenses.
    There were no courts to hear cases involving children under the age of
    12. In many rural provinces, there was no separate structure to work
    with children's crimes. In these cases, minors could be either tried as
    adults or the case was dismissed.
        The Government, through INAC, worked to create, train, and
    strengthen child protection networks at the provincial and municipal
    levels in all 18 provinces. The networks reported cases in which they
    successfully identified and removed children from exploitative work
    situations, but no mechanism existed to track cases or provide
    statistics. The Government also dedicated resources to the expansion of
    educational opportunities for children.

        e. Acceptable Conditions of Work.--The minimum wage was 9,604
    Kwanza ($106) per month, which did not provide a decent standard of
    living for a worker and family. Most wage earners held second jobs or
    depended on the agricultural or other informal sectors to augment their
    incomes. The majority of citizens derived their income from the
    informal sector or subsistence agriculture and therefore fell outside
    of government protection of working conditions.
        By law the standard workweek is 40 hours with at least one unbroken
    period of 24 hours of rest per week. There is a limit on work of 54
    hours per week. Required premium pay for overtime is time and a half
    for up to 30 hours of overtime and time and three-quarters from 30 to
    40 hours. In the formal sector, there is a prohibition on excessive
    compulsory overtime, defined as more than two hours a day, 40 hours a
    month, or 200 hours a year. These standards were not enforced
    effectively unless employees lodged a formal complaint with MAPESS.
        In September the MPLA-linked labor union, Uniao Nacional dos
    Trabalhadores Angolana, published a report on working conditions that
    highlighted high unemployment, poor living conditions, and inequality
    as continuing problems despite various economic measures and new laws.
    Workers found they did not have job stability, employers violated
    workers' rights, and workers unable to find employment in the formal
    sector had to work in the informal labor market.
        The Government has set occupational health and safety standards;
    however, the Ministry of Labor's inspector general did not enforce
    these standards effectively. Inspections occurred, although rulings
    against labor violations found by inspectors were not effectively
    enforced. Workers have the right to remove themselves from situations
    that endanger health or safety without jeopardy to their employment,
    but the right was not exercised in practice.

                                   __________

                                     BENIN

        Benin is a constitutional democracy with a population of 7.9
    million. In 2006 President Boni Yayi was elected to a five-year term in
    multiparty elections. In the 2007 legislative elections, President
    Yayi's supporting coalition, Cowry Force for an Emerging Benin (FCBE),
    won 35 of 83 seats in the National Assembly and formed a majority with
    a group of 13 National Assembly members from minor political parties
    (G-13). Eventually President Yayi lost his parliamentary majority when
    the G-13 joined the opposition parliamentary group in reaction to
    unfulfilled political promises. International observers viewed both the
    presidential and legislative elections as generally free and fair.
    However, municipal and local elections held in April and May 2008 were
    marred by numerous irregularities, protests, and credible allegations
    of fraud. Security forces reported to civilian authorities.
        Human rights problems in some areas continued. There were reports
    that police occasionally used excessive force. Vigilante violence
    resulted in deaths and injuries. Harsh prison conditions and arbitrary
    arrest and detention with prolonged pretrial detention continued.
    Violations of press freedom occurred. Impunity and corruption were
    problems. Women were victims of violence and societal discrimination,
    and female genital mutilation (FGM) was practiced. Trafficking and
    abuse of children, including infanticide and child labor, occurred.
                            respect for human rights
    Section 1. Respect for the Integrity of the Person, Including Freedom
            From:

        a. Arbitrary or Unlawful Deprivation of Life.--The Government or
    its agents did not commit any politically motivated killings. Elements
    of security forces occasionally shot and killed armed robbers and
    claimed self-defense to justify the shootings. The police generally
    ignored vigilante attacks, and incidents of mob violence continued to
    occur, in part due to the perceived failure of local courts to punish
    criminals adequately. Such cases generally involved mobs killing or
    severely injuring suspected criminals, particularly thieves caught
    stealing. For example, on April 20, residents of Assanlin in the
    commune of Za-Kpota in central Benin killed two individuals who were
    said to be trying to ``steal two school boys.'' The head of the
    arrondissement was interrogating the two suspects in his office when a
    crowd broke in, brought out the two suspects, and burned them alive.
    The police did not investigate the killing or arrest those involved.
        On May 8, individuals stabbed to death and burned two young men in
    Dilly, a village in the Commune of Abomey, central Benin. The two
    victims were well-known artists in the area. They were suspected of
    belonging to a ring that kidnapped children. The police investigated
    the murder and arrested nine suspects.

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

        c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
    Punishment.--The constitution and law prohibit such practices; however,
    the Government did not always respect these prohibitions. Beatings in
    custody reportedly were commonplace.
        The Constitutional Court received complaints from citizens who were
    brutalized by the police. For example, on March 8, the Constitutional
    Court ruled that five elements of an Anticrime Brigade (BAC) violated
    provisions of the constitution prohibiting degrading treatment or
    punishment and the African Charter on Human and Peoples' Rights when
    five policemen severely beat, arrested, and detained a truck driver who
    refused to give them a bribe during a routine road security check in
    February 2009 in Adjarra, a suburb of Porto-Novo.
        The Government completed payments to victims of torture under the
    previous military regime; however, a large group of citizens who had
    been detained and tortured under the previous military regime
    complained that the payments they received were discriminatorily
    insignificant compared with the payments that former political exiles
    received from the Government.

        Prison and Detention Center Conditions.--Prison conditions
    continued to be extremely harsh. Overcrowding and lack of proper
    sanitation and medical facilities posed risks to prisoners' health. A
    Mediator of the Republic's (Ombudsman) July 6 report on the condition
    in the nine civil prisons indicated that prisons were overcrowded, and
    malnutrition and disease were common. Some prisoners suffered from
    mental illness. There were deaths due to lack of medical care and
    neglect. Prisoners at times died from lack of ventilation in cramped
    and overcrowded cells. Eight of the nine civil prisons were filled far
    beyond their capacity. The ombudsman published statistics in June
    indicating the total prison population (including pretrial detainees
    and remand prisoners) was 6,908; of that number, pretrial detainees and
    remand prisoners totaled 5,174. No breakdown of the number of juvenile
    and women prisoners in all nine prisons was available.
        In 2009 the Government increased prisoners' diet from one meal a
    day to two.
        Juveniles at times were housed with adults. Pretrial detainees were
    held with convicted prisoners, although not with the most violent
    convicts or those convicted of crimes subject to the death penalty.
    According to the ombudsman's report, pretrial detainees outnumbered
    convicts three or four to one during the reporting period.
        The Government permitted prison visits by human rights monitors.
    Nongovernmental organizations (NGOs) and religious groups continued to
    visit prisons. Organizations that visited prisons during the year
    included the International Committee of the Red Cross, Amnesty
    International, the local chapter of Prison Fellowship, Caritas, and
    Prisoners Without Borders.

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

        Role of the Police and Security Apparatus.--The police, under the
    Ministry of Interior, have primary responsibility for enforcing law and
    maintaining order in urban areas; the gendarmerie, under the Ministry
    of Defense, performs the same function in rural areas. The police were
    inadequately equipped, poorly trained, and ineffective in investigating
    gender-based crimes and preventing or responding to mob violence. The
    Government continued to respond to these problems by recruiting more
    officers, building more stations, and modernizing equipment during the
    year; however, serious problems remained, including widespread
    impunity.

        Arrest Procedures and Treatment While in Detention.--The
    constitution requires arrest warrants based on sufficient evidence and
    issued by a duly authorized official and requires a hearing before a
    magistrate within 48 hours, but this was not always observed in
    practice; under exceptional circumstances the magistrate may authorize
    continued detention not to exceed eight days. Detainees have the right
    to prompt judicial determination; this was generally observed in
    practice. They have the right to prompt lawyer access after being
    brought before a judge, also generally observed. They are allowed to
    receive family visits, which were generally observed in practice. After
    examining a detainee, the judge has 24 hours to decide whether to
    continue to detain or release the individual. Defendants awaiting
    judicial decisionsmay request release on bail; however, the attorney
    general must agree to the request. Warrants authorizing pretrial
    detention were effective for six months and could be renewed every six
    months until the suspect was brought to trial. The Government provided
    counsel to indigents in criminal cases.
        There were credible reports that gendarmes and the police exceeded
    the legal limit of 48 hours of detention in many cases, sometimes by as
    much as a week. Authorities often used the practice of holding a person
    indefinitely ``at the disposal of'' the public prosecutor's office
    before presenting the case to a magistrate. Approximately 75 percent of
    persons in prison were pretrial detainees. Inadequate facilities,
    poorly trained staff, and overcrowded dockets delayed the
    administration of justice.

        e. Denial of Fair Public Trial.--The constitution and law provide
    for an independent judiciary, but the Government did not always respect
    this provision. The judiciary remained inefficient in some respects.
        Military disciplinary councils deal with minor offenses by members
    of the military services; they have no jurisdiction over civilians.
    Civilian courts deal with crimes involving the military. The country
    has no military tribunal.

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

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

        Civil Judicial Procedures and Remedies.--There is an independent,
    but not always impartial, judiciary in civil matters. If administrative
    or informal remedies are unsuccessful, any citizen may file a complaint
    concerning an alleged human rights violation with the Constitutional
    Court.

        f. Arbitrary Interference With Privacy, Family, Home, or
    Correspondence.--The constitution and law prohibit such actions, and
    the Government generally respected these prohibitions. The law requires
    police to obtain a judicial warrant before entering a private home, and
    they generally observed this requirement.
    Section 2. Respect for Civil Liberties, Including:

        a. Freedom of Speech and Press.--The constitution and law provide
    for freedom of speech and of the press; however, the Government did not
    always respect these rights. There were radio and television broadcasts
    in which citizens openly criticized the president's policy without
    reprisal; however, the Government occasionally inhibited freedom of the
    press.
        For example, on October 13, the staff of the Governmental Office of
    Radio and Television (ORTB) sent a letter to the executive director of
    ORTB detailing numerous instances in which he had restricted broadcast
    of programs involving the opposition and/or which were counter to the
    Government's guidelines. ORTB's executive director denied those
    allegations.
        On August 3 and 4, the Government blocked the FM signal of the
    French state-owned broadcaster Radio France Internationale for 14 hours
    after it reported that deputies in the National Assembly attempted to
    impeach President Yayi for his alleged involvement in the ICC Ponzi
    scheme that had defrauded investors of billions of CFA and announced
    the broadcast of an interactive program on the case. The High Authority
    of Audiovisual and Communication (HAAC) denied any involvement in the
    interruption.
        On August 15, unidentified individuals bought thousands of copies
    of newspapers that published a former minister of finance's declaration
    on a high-profile corruption case (the CEN-SAD affair), disrupting the
    supply of those newspapers in Cotonou. Journalists alleged that the
    Government had ordered this maneuver.
        The law criminalizes libel, and numerous journalists faced pending
    libel charges. The law prohibits private citizens and the press from
    declaring or predicting election results. Journalists practiced self-
    censorship.
        A 2008 report published by the NGO Human Rights, Peace, and
    Development (DHPD-ONG) stated that the Government awarded communication
    contracts to private media for propaganda purposes, adversely
    influencing the exercise of freedom of the press.
        The constitution provides for prison sentences involving compulsory
    labor for certain actions related to abuse of the right of free
    expression; penalties are for threats to public order or calls to
    violence, but the law is vaguely worded and susceptible to abuse. There
    were no reports that the law was invoked during the year.
        The independent media were active and expressed a wide variety of
    views without restriction. Publications criticized the Government
    freely and frequently, but their effect on public opinion was limited
    due to restricted circulation and widespread illiteracy. A
    nongovernmental media ethics commission continued to censure some
    journalists during the year for unethical conduct, such as reporting
    falsehoods or inaccuracies or releasing information that was under
    embargo by the Government.
        The Government continued to own and operate the most influential
    media organizations by controlling broadcast range and infrastructure.
    The majority of citizens are illiterate, live in rural areas, and
    generally receive their news via radio. The ORTB broadcast in French
    and local languages. There were an estimated 75 private, community, and
    commercial radio stations, and one government-owned and five private
    television stations. Rural community radio stations received support
    from the ORTB and broadcast several hours a day exclusively in local
    languages. Radio France International and the BBC broadcast in Cotonou.
    The Government granted 350 million CFA ($78,000) in financial
    assistance to the private media during the year.
        The 2007 ``National Report on Press Freedom,'' released by DHPD-
    ONG, stated that judges were often lax in prosecuting libel cases. A
    judiciary source indicated that the court continued to receive libel
    cases against journalists during the year, but judges generally
    refrained from prosecuting them. Journalists continued to fight for the
    decriminalization of press-related offenses.
        There were no reports that the Government penalized journalists who
    published items counter to government guidelines.
        The HAAC oversaw media operations and required broadcasters to
    submit weekly lists of planned programs and publishers to submit copies
    of all publications; however, the media did not comply with these
    requirements in practice. The HAAC claimed that the information was
    used for administrative purposes; however, some journalists
    complainedthat it was a form of harassment.

        Internet Freedom.--There were no government restrictions on access
    to the Internet or reports that the Government monitored e-mail or
    Internet chat rooms. Individuals and groups could engage in the
    expression of views via the Internet, including by e-mail.
        Internet access was widely available in cities, primarily in
    Internet cafes, but for many the cost of using the Internet was
    prohibitive. Due to a lack of infrastructure, Internet access was not
    available in most rural areas. According to the most recent
    International Telecommunication Union statistics, 1.66 percent of
    residents used the Internet.

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

        b. Freedom of Peaceful Assembly and Association.--Freedom of
    Assembly.--The constitution and law provide for freedom of assembly,
    and the Government generally respected these rights.
        The Government requires permits for use of public places for
    demonstrations and generally granted such permits; however, the
    authorities sometimes cited ``public order'' to deny requests for
    permits from opposition groups, civil society organizations, and labor
    unions.
        On September 30, security forces disrupted a demonstration of
    teachers at a training school in Abomey, Central Benin, and beat some
    of them while they were complaining about the delay in government
    payment of their allowances. On October 5, the Ministry of Secondary
    Education and Technical and Vocational Training declared that the
    Government would identify those responsible for the beatings and punish
    them, although there were no reports it had done so.

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

        c. Freedom of Religion.--For a description of religious freedom,
    please see the Department of State's 2010 International Religious
    Freedom Report at www.state.gov/g/drl/irf/rpt.

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

        Protection of Refugees.--The Government has established a system
    for providing protection to refugees. At year's end there were
    approximately 7,300 refugees, with an estimated 6,000 coming from Togo.
    In practice the Government provided protection against the expulsion or
    return of refugees to countries where their lives or freedom would be
    threatened on account of their race, religion, nationality, membership
    in a particular social group, or political opinion. The Government
    cooperated with the Office of the UN High Commissioner for Refugees
    (UNHCR) and other humanitarian organizations in assisting refugees and
    asylum seekers. The Government did not provide temporary protection
    during the year. If individuals do not qualify as refugees under the
    1951 UN Convention relating to the Status of Refugees or its protocol,
    authorities direct them to the Immigration Office to apply for a
    residence permit.
        The Government continued to permit Togolese refugees residing in
    local communities and refugee camps to participate in most economic
    activities and to enroll their children in local schools. In 2007 the
    UNHCR and the Governments of Benin and Togo signed a tripartite
    agreement to organize the voluntary repatriation of Togolese refugees.
    In 2009 83 Togolese refugees returned to Togo through the program.
    There were no reported stateless populations in the country.
    Section 3. Respect for Political Rights: The Right of Citizens to
            Change Their Government
        The constitution and law provide citizens the right to change their
    government peacefully, and citizens exercised this right through
    periodic, free, and generally fair elections held on the basis of
    universal suffrage.

        Elections and Political Participation.--In 2006 President Boni Yayi
    was elected to a five-year term in multiparty elections. In the 2007
    legislative elections, President Yayi's FCBE won 35 of the 83 seats in
    the National Assembly. A group of 13 National Assembly deputies from
    minor political parties (the G-13) joined the FCBE to form a majority
    of 48 seats in the assembly. In 2008 the G-13 dissolved the coalition
    amid political tension, and the FCBE was left with its initial 35
    seats. The G-13sided with opposition parties and formed a blocking
    majority. Opposition groups declined President Yayi's invitation to
    join his government.
        International observers viewed both the presidential and
    legislative elections as generally free and fair. However, fraud
    allegations and irregularities marred the April and May 2008 local and
    municipal elections. Voters filed hundreds of appeals with the Supreme
    Court, which annulled results in a number of communes and ordered new
    elections and recounting of votes in constituencies where results were
    disputed.
        Individuals and parties could freely declare their candidacy and
    run for election. There were no government restrictions on the
    political opposition. No single party or group has recently dominated
    politics.
        There were nine women out of 83 members in the National Assembly
    and four female ministers in the 30-member cabinet. The Constitutional
    Court had two women among its seven justices.
        The country has no majority ethnic group. Diverse ethnic groups
    were well represented in government agencies, the civil service, and
    the armed forces. In the National Assembly, 11 members were from the
    Nago and Yoruba ethnic groups; 24 from the Bariba, Somba, and Dendi
    ethnic groups; and 34 from the Fon, Goun, Adja, and other smaller
    groups. Nine cabinet ministers were from the Bariba, Somba, and Dendi
    ethnic groups; 15 were from the Fon, Goun, and Adja ethnic groups; and
    three were from the Yoruba and Nago ethnic groups.
    Section 4. Official Corruption and Government Transparency
        Official corruption remained widespread. President Yayi continued
    his 2006 anticorruption initiative.
        On January 7, the president of the NGO Front for National Anti-
    Corruption Organizations (FONAC) listed 32 corruption cases involving
    civil servants from 2006 to 2009 that remained unresolved. The FONAC
    investigation at the Ministry of Civil Service in September 2009 found
    that no disciplinary committee had been established to handle these
    corruption cases and no sanctions had been applied.
        On July 20, President Yayi reported to the president of the
    National Assembly, asking him to submit to parliamentarians for
    approval a request regarding the indictment of four former ministers
    involved in corruption cases. The opposition majority in the National
    Assembly rejected President Yayi's request.
        In July 2009 the Government released a State Audit Office's report;
    it detailed alleged corrupt practices including illegal awarding of
    public contracts, overbilling, mismanagement, and misappropriation of
    public funds for the renovation of two conference centers in
    preparation for the June 2008 CEN-SAD summit. The Government confirmed
    the involvement of high-ranking officials, including the former
    minister of finance and economy and officials in charge of public
    procurement. The Government dismissed the officials and requested
    disciplinary action against them pending legal action.
        Police corruption was widespread. Police continued to extort money
    from travelers at roadblocks.
        The Watchdog to Combat Corruption (OLC), a governmental
    anticorruption agency, launched a nationwide effort to publicize the
    National Strategic Plan to Combat Corruption and conducted a survey to
    gauge the magnitude of petty corruption and bribery in the public
    administration. To build its capacity to fight corruption, the OLC held
    training sessions to familiarize its staff with the new public
    procurement law, which went into effect in September 2009, and to train
    them on the observation of voter registration to prevent electoral
    fraud. On April 12, the OLC released its 2008 White Paper on Corruption
    to show the prevalence of corruption in the public administration.
        It was commonly believed, and acknowledged by some judicial
    personnel, that the judicial system at all levels was susceptible to
    corruption.
        On July 6, President Yayi fired Chief Prosecutor George Constant
    Amoussou and placed him in custody because he allegedly blocked a court
    complaint filed by the Government against the ICC, a microcredit
    institution that swindled citizens out of their deposits.
        The World Bank's most recent Worldwide Governance Indicators
    reflected that corruption continued to be a serious problem.
        Public officials were not subject to financial disclosure laws.
        There are no laws providing for public access to government
    information, and it was unclear whether requests for such access were
    granted.
    Section 5. Governmental Attitude Regarding International and
            Nongovernmental Investigation of Alleged Violations of Human
            Rights
        A number of domestic and international human rights groups
    generally operated without government restriction, investigating and
    publishing their findings on human rights cases. Government officials
    often were cooperative and responsive to their views. The Government
    met with domestic NGO monitors through the Advisory National Human
    Rights Council and the Ministry of Justice, Legislation, and Human
    Rights' Department of Human Rights. The Ministry of Justice,
    Legislation, and Human Rights coordinated awareness campaigns to
    educate the populace on human rights.
        The Government cooperated with international organizations. In 2009
    representatives of the Committee for the Prevention of Torture (CPT)
    and of the UN Committee on the Elimination of Discrimination Against
    Women visited the country. Following its visit, the CPT made wide-
    ranging recommendations. In November 2009 the World Committee Against
    Torture and the International Federation of Action by Christians for
    the Abolition of Torture, in conjunction with the Ministry of Justice,
    Legislation, and Human Rights and local NGOs, held a follow-up seminar
    to consider the recommendations made by the CPT and to map out
    strategies for the implementation of these recommendations by the
    Government.
    Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
        The constitution and laws prohibit discrimination based on race,
    gender, disability, language, and social status; however, societal
    discrimination against women continued. Persons with disabilities were
    disadvantaged. The Government did not take concrete measures to address
    those abuses.

        Women.--The law prohibits rape, but enforcement was weak due to
    police ineffectiveness, victims' unwillingness to take cases to the
    police for fear of social stigma, and corruption. The penal code does
    not make a distinction between rape in general and spousal rape.
    Sentences for rape convictions range from one to five years'
    imprisonment. From January to October, civil society organizations
    reported 636 gender-based violence cases reported to courts and 1,316
    cases to police stations and brigades in the framework of an
    international NGO's project to combat gender-based violence in the
    country. These statistics, however, did not cover gender violence in
    the whole country. Statistics were not available on prosecutions or
    convictions. Because of police lack of training in collecting evidence
    associated with sexual assaults and victims' ignorance of their rights
    and inability to present evidence in court, judges reduced most sexual
    offenses to misdemeanors.
        Domestic violence against women was common. The penal code
    prohibits domestic violence, and penalties range from six to 36 months'
    imprisonment. However, NGO observers believed that women remained
    reluctant to report cases. Judges and police were reluctant to
    intervene in domestic disputes; society generally considered such cases
    to be internal family matters. The local chapter of a regional NGO,
    Women in Law and Development-Benin, the Female Jurists Association of
    Benin (AFJB), and the Women's Justice and Empowerment Initiative
    through Care International's Empower Project offered social, legal,
    medical, and psychological assistance to victims of domestic violence.
    The Office of Women's Promotion under the jurisdiction of the Ministry
    of Family and Solidarity is responsible for protecting and advancing
    women's rights and welfare.
        Female genital mutilation (FGM) was practiced on girls and women
    from infancy up to 30 years of age (although the majority of cases
    occurred before the age of 13, with half occurring before the age of
    five), and generally took the form of excision. Approximately 13
    percent of women and girls have been subjected to FGM; the figure was
    higher in some regions, especially the northern departments, including
    Alibori and Donga (48 percent) and Borgou (59 percent), and among
    certain ethnic groups; more than 70 percent of Bariba and Peul (Fulani)
    and 53 percent of Yoa-Lokpa women and girls had undergone FGM. Younger
    women were less likely to be excised than their older counterparts.
    Those who performed the procedure, usually older women, profited from
    it. The law prohibits FGM and provides for penalties for performing the
    procedure, including prison sentences of up to 10 years and fines of up
    to six million CFA ($13,000); however, the Government generally was
    unsuccessful in preventing the practice. Individuals who were aware of
    an incident of FGM but did not report it potentially faced fines
    ranging from 50,000 to 100,000 CFA ($110 to $220). Enforcement was
    rare, however, due to the code of silence associated with this crime.
        In one example, in September 2009 police arrested a woman on the
    strength of a denunciation by a local NGO that accused her of excising
    seven girls in the area of Kouande in the North. The police referred
    the case to the court in Natitingou. In October 2009 the court
    sentenced the woman to one-and-one-half year's imprisonment.
        NGOs continued to educate rural communities about the dangers of
    FGM and to retrain FGM practitioners in other activities. A prominent
    NGO, the local chapter of the Inter-African Committee, made progress in
    raising public awareness of the dangers of the practice, and the
    Government cooperated with these efforts. The Ministry of Family
    continued an education campaign that included conferences in schools
    and villages, discussions with religious and traditional authorities,
    and displaying banners. NGOs also addressed this problem in local
    languages on local radio stations.
        Prostitution, especially child prostitution, was a problem. There
    were credible reports that tourists visiting the Pendjari National Park
    in the far Northwest used the services of prostitutes, many of them
    minors. There is no specific law addressing sex tourism. It was not
    clear whether these tourists operated through a local or an
    international network, or whether they came to the region primarily for
    sex tourism. There was no evidence of government involvement or
    complicity. In March 2009 the Government, in conjunction with the UN
    Children's Fund (UNICEF) and a local bank, launched a seven-day
    campaign against sex tourism involving children ages eight to 17 to
    spread awareness of the dangers of sex tourism.
        Sexual harassment was common, especially of female students by
    their male teachers. The law prohibits sexual harassment and offers
    protection for victims. Under the law persons convicted of sexual
    harassment face sentences of one to two years in prison and fines
    ranging from 100,000 to one million CFA ($220 to $2,200). The law also
    provides penalties for persons who are aware of sexual harassment and
    do not report it. Enforcement of these laws was lax due to law
    enforcement agents' and prosecutors' lack of legal knowledge and
    necessary skills to pursue such cases and victims' fear of social
    stigma. Although this specific law was not enforced, judges used other
    provisions in the penal code to deal with sexual abuses involving
    minors.
        Article 26 of the constitution provides that the Government shall
    protect the family, particularly the mother and the child. The
    country's May 2006 Declaration on Population Policy promotes
    responsible fertility to reduce early and/or late childbearing and to
    promote family planning through the distribution of contraceptives. Act
    No. 2003-04 of March 2003 on Sexual and Reproductive Health guarantees
    couples and individuals reproductive rights, including access to health
    care, freedom to give birth, freedom of marriage, rights to
    nondiscrimination, access to contraception, and equal access to health
    care for people living with sexually transmitted infections including
    HIV. Article 19 of Act No. 2003-04 provides penalties for the
    commission of all acts prejudicial to the enjoyment of sexual and
    reproductive health. The Government in general respected these rights.
    An estimated 30 percent of women had an unmet need for family planning.
    The 2006 Benin Demographic and Health Survey (EDS) reported the
    maternal mortality ratio to be 397 per 100,000 live births. According
    to the 2006 Benin Demographic and Health Survey, 88 percent of women
    benefitted from prenatal care given by health personnel (80 percent by
    nurses and midwives, 4 percent other, and 4 percent by physicians). The
    proportion of women who had access to prenatal care provided by
    physicians was higher in Cotonou (18 percent) and in other cities (5
    percent), whereas the rate was lower in rural areas (3 percent).
        Although the constitution provides for equality for women in the
    political, economic, and social spheres, women experienced extensive
    discrimination because of societal attitudes and resistance to
    behavioral change.
        Women are no longer subject to customary law (Coutumier du
    Dahomey). The code of persons and the family abrogated customary law
    and other legislation unfavorable to women. The code of persons and the
    family bans all discrimination against women regarding marriage and
    provides for the right to equal inheritance.
        In response to a complaint filed by a woman being prosecuted for
    adultery in July 2009, the Constitutional Court ruled that adultery-
    related provisions contained in the penal code are unconstitutional on
    the grounds that these provisions discriminate against women.
        In rural areas women traditionally occupy a subordinate role and
    are responsible for much of the hard labor on subsistence farms. In
    urban areas women dominated the informal trading sector in the open air
    markets. During the year the Government and NGOs continued to educate
    the public on the 2004 family code, which provides women with
    inheritance and property rights and significantly increases their
    rights in marriage, including prohibitions on forced marriage, child
    marriage, and polygamy.
        In practice women experienced discrimination in obtaining
    employment, credit, and equal pay, and in owning or managing
    businesses. Women do not face legal restrictions with respect to the
    code of persons and the family but may face societal restrictions and
    discrimination. During the year the Government granted microcredit to
    the poor, especially to women in rural areas, to help them develop
    income-generating activities. An estimated 675,000 women have benefited
    from these microcredit projects since they began in 2007.

        Children.--The Government has stated publicly its commitment to
    children's rights and welfare, but it lacked the resources to carry out
    that commitment. The Ministry of Family is responsible for the
    protection of children's rights, primarily in the areas of education
    and health. The National Commission for Children's Rights and the
    Ministry of Family have oversight roles in the promotion of human
    rights issues with regard to child welfare.
        Citizenship is derived by birth within the country's territory and/
    or from one's parents. Particularly in rural areas, parents often did
    not declare the birth of their children, either out of ignorance or
    because they could not afford the fees for birth certificates. A 2001
    survey indicated that a quarter of children under 18 were not
    registered at birth. This could result in denial of public services
    such as education and health care. Several donors have taken action to
    increase the number of registered children. Over the last two years,
    the NGO PLAN International has supported the free registration of
    children who need to take the primary school leaving exam. (Without a
    birth certificate, children may attend primary school but cannot take
    the exam.) UNICEF and the NGOs Catholic Relief Services and World
    Education also supported the Government's campaign to register every
    birth.
        Primary education was compulsory for all children between six and
    11 years of age. It became tuition free for all children starting with
    the 2007-08 school year; however, in some parts of the country girls
    received no formal education. Parents often voluntarily paid tuition
    for their children because many schools had insufficient funds.
    According to UNICEF the net primary school enrollment rate in 2007 was
    approximately 93 percent for boys and 83 percent for girls. The
    enrollment rate for secondary education was much lower for girls. Girls
    did not have the same educational opportunities as boys, and female
    literacy was approximately 18 percent, compared to 50 percent male
    literacy.
        FGM was commonly practiced on girls (see section 6, Women.)
        Child marriage or precocious marriage existed. The practice
    included forced marriage, barter marriage, and marriage by abduction. A
    2008 gender-based violence survey conducted in 13 communes indicated
    that 23 percent of the 594 children interviewed were subjected to
    forced and precocious marriage.
        Although the family code prohibits marriage under 18 years of age,
    the practice continued in rural areas. Underage (14 to 17 years of age)
    marriage was permitted with parental consent. As part of forced
    marriage, there is a tradition in which a groom abducts and rapes his
    prospective child bride. The practice was widespread in rural areas,
    despite government and NGO efforts to end it through information
    sessions on the rights of women and children. Local NGOs reported that
    communities concealed the practice.
        Despite widespread NGO campaigns, the traditional practices of
    killing deformed babies, breech babies, babies whose mothers died in
    childbirth, and one of two newborn twins (because they were considered
    sorcerers) continued in some rural areas, and perpetrators acted with
    impunity.
        Through the traditional practice of vidomegon, which literally
    means ``placed child,'' poor, generally rural, families place a child
    in the home of a wealthier family. The child receives living
    accommodations but often faces long hours of work, inadequate food, and
    sexual exploitation. Sometimes the income generated by the child's
    activities is split between the child's parents and the urban family
    that raises the child. Vidomegon traditionally was intended to provide
    better educational opportunities and a higher standard of living for
    children of poor families; however, this practice has made children
    more vulnerable to labor exploitation and to trafficking. Up to 95
    percent of the children in vidomegon were young girls.
        Criminal courts meted out stiff sentences to criminals convicted of
    crimes against children, but many such cases never reached the courts
    due to lack of awareness about the law and children's rights, lack of
    access to the courts, or fear of police involvement.
        Child prostitution was a problem. Some children, including street
    children, engaged in prostitution to support themselves without third-
    party involvement. The penal code prohibits child prostitution;
    however, enforcement was limited, and the commercial sexual
    exploitation of children was a problem. A 2009 report on the commercial
    exploitation of children in 11 communes indicated that 43.2 percent of
    surveyed children (ages 12-17) who engaged in prostitution were also
    subjected to commercial sexual exploitation.
        The penal code provides penalties for rape, sexual exploitation,
    corruption of minors, procuring, and prostitution, and increases
    penalties for cases involving women and children under 15 years old.
    Under the penal code, individuals involved in child prostitution,
    including those who facilitate and solicit it, face imprisonment of two
    to five years and fines of 1,000,000 to 10,000,000 CFA ($2,000 to
    $20,000). The law does not specifically prohibit child pornography. The
    family code sets the age of marriage at18 years. The de facto minimum
    age for consensual sex is 18 years.
        Child labor, although illegal, remained a problem.
        There were many street children, most of whom did not attend school
    and lacked access to basic education and health services.
        The country is not a party to the 1980 Hague Convention on the
    Civil Aspects of International Child Abduction. For information on
    international child abduction, please see the Department of State's
    annual report on compliance at http://travel.state.gov/abduction/
    country/country--3781.html.

        Anti-Semitism.--There were no reports of societal abuses or
    discrimination against members of religious groups. There was no known
    Jewish community, and no reports of anti-Semitic acts.

        Trafficking in Persons.--For information on trafficking in persons,
    please see the Department of State's annual Trafficking in Persons
    Report at www.state.gov/g/tip.

        Persons With Disabilities.--Discrimination against persons with
    physical and mental disabilities is not prohibited by law; however, the
    law provides that the Government should care for persons with
    disabilities. There were no legal requirements for the construction or
    alteration of buildings to permit access for persons with disabilities.
    The Government operated few institutions to assist persons with
    disabilities, and many such individuals were forced to beg to support
    themselves. The Office for the Rehabilitation and the Insertion of
    Persons with Disabilities under the jurisdiction of the Ministry of
    Family coordinated assistance to disabled people through the Aid Fund
    for the Rehabilitation and Insertion of Persons with Disabilities
    (Fonds Ariph).
        The labor code includes provisions to protect the rights of workers
    with disabilities, which were enforced with limited effectiveness
    during the year. The Office of Labor under the Ministry of Labor and
    Civil Service and the Ministry of Family are responsible for protecting
    the rights of persons with disabilities.

        Societal Abuses, Discrimination, and Acts of Violence Based on
    Sexual Orientation and Gender Identity.--There were no reports of overt
    societal discrimination or violence based on a person's sexual
    orientation.

        Other Societal Violence or Discrimination.--There were no reports
    of overt discrimination or violence based on HIV/AIDS status. Since
    2006 it has been illegal to discriminate against a person, at any stage
    of hiring or employment, based on his or her HIV status.
    Section 7. Worker Rights

        a. The Right of Association.--The labor code allows workers to form
    and join independent unions of their choice without previous
    authorization or excessive requirements, and the Government generally
    respected these rights. Workers have the right to strike, and they
    exercised it during the year. New unions must register with the
    Ministry of Interior, a three-month process, or risk a fine.
        The labor force of approximately 3.2 million was engaged primarily
    in subsistence agriculture, with only a small percentage working in the
    formal wage sector. Although an estimated 75 percent of government
    workers belonged to labor unions, a much smaller percentage of workers
    in the private sector were union members.
        Workers must provide three day's notice before striking; however,
    authorities can declare strikes illegal for reasons such as threatening
    social peace and order and can requisition striking workers to maintain
    minimum services. The Government may prohibit any strike on the grounds
    that it threatens the economy or the national interest. Laws prohibit
    employer retaliation against strikers, except that a company may
    withhold part of a worker's pay following a strike. The Government
    enforced these laws effectively.
        The merchant marine code grants seafarers the right to organize,
    but they do not have the right to strike.

        b. The Right to Organize and Bargain Collectively.--The labor code
    allows unions to conduct their activities without interference, and the
    Government generally protected this right. There are no restrictions on
    collective bargaining. The labor code provides for collective
    bargaining, and workers freely exercised this right with the exception
    of merchant shipping employees. The Government sets wages in the public
    sector by law and regulation.
        In December 2009 the Government created a National Consultation and
    Collective Bargaining Commission to facilitate collective bargaining
    and enhance social dialogue. The commission held sessions during the
    year to discuss workers' claims and propose solutions.
        The labor code prohibits antiunion discrimination. Employers may
    not take union membership or activity into account in hiring, work
    distribution, professional or vocational training, or dismissal;
    however, the Government did not always enforce these provisions, and
    there were reports that employers threatened individuals with dismissal
    for union activity.
        There are no export processing zones.

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

        d. Prohibition of Child Labor and Minimum Age for Employment.--The
    labor code prohibits the employment or apprenticeship of children under
    14 years of age in any enterprise; however, children between 12 and 14
    years may perform domestic work and temporary or seasonal light work if
    it does not interfere with their compulsory schooling. Child labor
    remained a problem due in part to limited government enforcement of the
    law. To help support their families, children of both sexes--including
    those as young as seven--continued to work on family farms, in small
    businesses, on construction sites in urban areas, in public markets as
    street vendors, and as domestic servants under the practice of
    vidomegon. A majority of children working as apprentices were under the
    legal age for apprenticeship of 14. Children worked as laborers with
    adults in quarries in many areas. Forced child labor and prostitution
    by street children were problems. Children under 14 worked in either
    the formal or informal sectors in the following activities:
    agriculture, hunting and fishing, industry, construction and public
    works, trade/vending and food/beverage, transportation, and
    communication and other services, including employment as household
    staff.
        Some parents indentured their children to ``agents'' recruiting
    farm hands or domestic workers, often on the understanding that the
    children's wages would be sent to the parents. In some cases these
    agents took the children to neighboring countries for labor. Many rural
    parents sent their children to cities to live with relatives or family
    friends to perform domestic chores in return for receiving an
    education. Host families did not always honor their part of the
    bargain, and abuse of child domestic servants was a problem. The
    Government drafted a list of hazardous occupations forbidden for
    employment of minors according to ILO Convention 182, but by year's end
    the Government had not approved it. An interministerial decree of 2000
    provides that children under 18 are not allowed to work in the
    following fields: public and private slaughtering facilities, except
    for apprentices in their last year of apprenticeship; processing,
    handling, and transportation of toxic substances; processing and
    handling of engines or explosive devices; and work related to
    maintenance and surveillance of wild or venomous animals. The decree
    also prohibits employment of workers under 16 for the control and use
    of unprotected machinery powered by pedals, for digging wells, gas pipe
    works, and sewage-related works.
        For information on child trafficking, please see the Department of
    State's annual Trafficking in Persons Report at www.state.gov/g/tip.
        The Labor Office under the Ministry of Labor and Civil Service
    enforced the labor code ineffectivelyand only in the formal sector due
    to the lack of inspectors. The Government took steps to educate parents
    on the labor code and to prevent compulsory labor by children,
    including through media campaigns, regional workshops, and public
    pronouncements on child labor problems. These initiatives were part of
    the Labor Office's traditional sensitization program. The Government
    also worked with a network of NGOs and journalists to educate the
    population about child labor and child trafficking. The Government
    began drafting a National Plan to Eliminate Child labor. A workshop was
    held in Porto-Novo from August 10 to 13 to discuss preparations. The
    Government undertook a nationwide awareness campaign as a key activity
    for the 2010 World Day of Action against Child Labor.
        In November 2009 the Government issued the International Labor
    Organization's International Program on the Elimination of Child Labor-
    sponsored National Survey on Child Labor. The survey provided
    comprehensive data and was expected to help the Government complete its
    National Policy for the Elimination of Child Labor.

        e. Acceptable Conditions of Work.--The Government set minimum wage
    scales for a number of occupations. The minimum wage was 30,000 CFA
    ($66) per month; however, the minimum wage did not provide a decent
    standard of living for a worker and family. Many workers had to
    supplement their wages by subsistence farming or informal sector trade.
    Most workers in the wage sector earned more than the minimum wage; many
    domestics and other laborers in the informal sector earned less. The
    Office of Labor enforced the minimum wage; however, its efforts were
    impeded by the small number of labor inspectors. Significant parts of
    the work force and foreign workers were not covered by minimum wage
    scales.
        The labor code establishes a workweek of between 40 and 46 hours,
    depending on the type of work, and provides for at least one 24-hour
    rest period per week. Domestic and agricultural workers frequently
    worked 70 hours or more per week, above the maximum provided for under
    the labor code of 12 hours per day or 60 hours per week. The labor code
    also mandates premium pay for overtime and prohibits excessive
    compulsory overtime. The authorities generally enforced legal limits on
    workweeks in the formal sector.
        The code establishes health and safety standards, but the Ministry
    of Labor and Civil Service did not enforce them effectively. The law
    does not provide workers with the right to remove themselves from
    dangerous work situations without jeopardy to continued employment. The
    ministry has the authority to require employers to remedy dangerous
    work conditions but did not effectively do so. The Government did not
    effectively monitor or control foreign or migrant workers' conditions
    of work.

                                   __________

                                    BOTSWANA

        Botswana, with a population of 1.84 million, has been a multiparty
    democracy since independence in 1966. Its constitution provides for
    indirect election of a president and popular election of a National
    Assembly. In October 2009 the ruling Botswana Democratic Party (BDP)
    won the majority of parliamentary seats in an election deemed generally
    free and fair. President Ian Khama, who has held the presidency since
    the resignation of President Festus Mogae in 2008, retained his
    position. The BDP has held a majority of National Assembly seats since
    independence. Security forces reported to civilian authorities.
        Some human rights problems remained, including abuse of detainees
    by security forces, poor prison conditions, and lengthy delays in the
    judicial process. There were reports of restrictions on press freedom.
    Societal problems included discrimination and violence against women;
    child abuse; trafficking in persons; and discrimination against persons
    with disabilities, gays and lesbians, persons with HIV/AIDS, and
    persons with albinism. There was societal discrimination against the
    San people, and the Government's continued narrow interpretation of a
    2006 high court ruling resulted in the majority of San who originally
    relocated from the Central Kalahari Game Reserve (CKGR) being
    prohibited from returning to or hunting in the CKGR. The right to
    strike was restricted, and child labor was a problem.
                            respect for human rights
    Section 1. Respect for the Integrity of the Person, Including Freedom
            From:

        a. Arbitrary or Unlawful Deprivation of Life.--The Government or
    its agents did not commit any politically motivated killings, and no
    unlawful killings by police or other security forces were reported
    during the year.
        During 2009 eight incidents of shootings by police forces were
    reported, in which 11 civilians were killed, allegedly while being
    apprehended. Four persons were investigated for possible murder
    charges, and seven coroner's investigations were opened. The four
    murder cases were submitted to the Directorate of Public Prosecution
    (DPP) for further action. Six of the seven coroner's investigations
    were also forwarded to the DPP; two were subsequently closed due to
    lack of evidence.
        In January 2009 a police officer mistakenly shot and killed
    Mothusinyana Moag, a 27-year-old man who fit the description of a man
    police were chasing. The victim ran from police when confronted and was
    shot during the chase. The inquest determined that the police officer
    involved was negligent. He was charged with manslaughter and was
    expected to appear before the High Court in early 2011.
        In March 2009 police fired shots while in pursuit of robbery
    suspects. One of the suspects, Edson Mark Gumbo, was killed. The
    inquiry into this case determined that the officers acted lawfully and
    the case was closed.
        In May 2009 Tshepo Molefe was shot by police during a robbery. The
    victim, or other suspects in his group, allegedly fired shots at
    police, and the victim ran toward the police officers, who shot him. He
    was pronounced dead at the hospital. After investigations into the
    shooting, police determined that the officers acted lawfully and closed
    the case.
        Also in May 2009, John Kalafitas was shot and killed by government
    security officers. Attorneys for the Kalafitas family alleged that he
    was killed by government agents while he sat in a parked car. The
    Government contended that Kalafitas was a wanted criminal who was
    killed during a lawful arrest. Four members of the Botswana Defense
    Force, Corporals Dzikamani Mothobi, Goitsemang Sechele, Ronny Matako,
    and Boitshoko Maifela, were charged with murdering Kalafitas, and the
    case was expected to be heard at the High Court in early 2011.
        In August 2009 two men were shot and killed in Kasane. Police
    investigations established that offenders were of Zambian origin and
    elephant poachers; investigations were ongoing with the help of Zambian
    police.
        During 2009 there were two reports of deaths of persons in police
    custody. In March 2009 a suspect, David Monggae, collapsed during
    interrogation related to accusations of cattle theft and subsequently
    died. Four police officers present during the interrogation were
    charged with murder and were awaiting trial at the High Court.
        In July 2009 Italy Setlampoloka was arrested as a suspect in a
    series of robberies and break-ins. He was detained at the Mogoditshane
    Police Station and subsequently found dead by a passerby in an
    uninhabited area near Mogoditshane. Police officers present during the
    investigation were charged with murder; the case was ongoing at year's
    end.

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

        c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
    Punishment.--The constitution and law prohibit such practices; however,
    there were reports that security forces occasionally beat and abused
    suspects to obtain evidence or elicit confessions. Investigations
    continued into the 2008 case in which Directorate on Intelligence and
    Security (DIS) personnel allegedly tortured four men, including two
    police officers and two soldiers, after a weapon in their possession
    went missing. The Directorate of Public Prosecutions was assessing
    evidence on the case at year's end.

        Prison and Detention Center Conditions.--Conditions in the
    country's 22 prisons and two detention centers for illegal immigrants
    remained poor due to overcrowding. The prison system held approximately
    5,063 prisoners as of December, exceeding the authorized capacity of
    4,219. Overcrowding, which was worse in men's prisons, constituted a
    serious health threat due to the high incidence of HIV/AIDS and
    tuberculosis. Rape of inmates by inmates occurred. Mistreatment of
    prisoners is illegal; there were no reports of abuse during the year.
        Mothers were allowed to bring their nursing babies under the age of
    two with them into the prison system, which lacked maternity
    facilities. In instances where a child is above two years in age, and
    no family is available to take care of the child, arrangements are made
    with nongovernmental organizations (NGOs) to care for the child until
    the mother is released. Juveniles were sometimes held with adults due
    to overcrowding in the two main juvenile prison facilities. In December
    2009, 63 juveniles were incarcerated in adult prisons. Pretrial
    detainees and convicts were held together.
        During 2009 officers of the courts, including magistrates and
    judges, conducted 13 visits to prisons to check on prison conditions.
    Government-appointed welfare and oversight committees visited prisons
    30 times during the year. Reports on such visits were not made public.
    In previous years the Government permitted the International Committee
    of the Red Cross (ICRC) to visit prison facilities; however, the ICRC
    did not seek access to any prisoners during the year. Representatives
    of the Office of the UN High Commissioner for Refugees (UNHCR) and a
    foreign embassy visited the Center for Illegal Immigrants during the
    year.
        Voluntary and free HIV testing and peer counseling were available
    to prisoners. In December the HIV infection rate was 5.5 percent for
    males and 10.4 percent for females. As of December, 106 prisoners were
    receiving antiretroviral (ARV) drug treatment. The Government did not
    provide ARV treatment to noncitizens in detention; however, those in
    long-term detention could receive such treatment without cost from a
    domestic NGO.
        The prison commissioner had the authority to release terminally ill
    prisoners in the last 12 months of their sentences and to allow citizen
    prisoners with sentences of 12 months or less to complete their
    sentences outside the prison by completing an ``extramural'' work
    release program at government facilities. Eligible prisoners must have
    served short-term sentences with at least half of their sentence
    completed and must not have been previously incarcerated. Prisoners
    convicted of violent and other serious felonies were ineligible. By
    December, to ease overcrowding, 580 male and 73 female prisoners had
    been released to complete their sentences in the program. The president
    pardoned an additional nine prisoners during the year.

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

        Role of the Police and Security Apparatus.--The Botswana Police
    Service (BPS), under the Ministry for Presidential Affairs and Public
    Administration, has primary responsibility for internal security. The
    merging of the Local Police Service and the BPS was completed in August
    2009. Previously customary or local police, under the Ministry of Local
    Government, had law enforcement responsibility in specified tribal
    areas. The army is responsible for external security and has some
    domestic security responsibilities.
        During the year 72 BPS officers received human rights training at
    the International Law Enforcement Academy located in the country.

        Arrest Procedures and Treatment While in Detention.--Police
    officers must produce an arrest warrant issued by a duly authorized
    magistrate upon the presentation of compelling evidence, except in
    certain cases, such as when an officer witnesses a crime being
    committed or discovers that a suspect is in possession of a controlled
    substance. In 2008 the Government established the Directorate on
    Intelligence and Security (DIS), a new intelligence agency with the
    power to enter premises and make arrests without warrants if the agency
    suspects a person has committed or is about to commit a crime. Elements
    of civil society continued to criticize the DIS, claiming that it was
    not subject to sufficient independent oversight and posed a potential
    threat to civil liberties.
        Suspects must be informed of their rights upon arrest, including
    the right to remain silent, and must be charged before a magistrate
    within 48 hours. Authorities generally respected these rights in
    practice; however, there were allegations in the media and by defense
    attorneys that the right to an attorney was often denied during the
    first 48 hours after arrest, prior to the suspect being brought before
    a magistrate. A magistrate may order a suspect held for 14 days through
    a writ of detention, which he may renew every 14 days. The law provides
    for a prompt judicial determination of the legality of a person's
    detention. However, this determination was occasionally delayed in
    practice. Authorities generally informed detainees of the reason for
    their detention, although there were some complaints that this did not
    always occur. There is a functioning bail system, and detention without
    bail was unusual except in murder cases, where it is mandatory.
    Detainees have the right to contact a family member and to hire
    attorneys of their choice; however, in practice most could not afford
    legal counsel. The Government provides counsel for the indigent only in
    capital cases, although attorneys are required to accept pro bono
    clients.
        Pretrial detainees waited from several weeks to several months
    between the filing of charges and the start of their trials. As of
    December, 900 of the 5,063 persons in custody were pretrial detainees.
    Pretrial detention in murder cases sometimes lasted beyond one year.
    Such delays were largely due to judicial staffing shortages.

        e. Denial of Fair Public Trial.--The constitution and law provide
    for an independent judiciary, and the Government generally respected
    judicial independence in practice. The civil courts remained unable to
    provide timely trials due to severe staffing shortages and a backlog of
    pending cases.
        In addition to the civil court system, a customary or traditional
    court system also exists. Small claims courts were established in 2009
    in Gaborone and some surrounding areas; there were some reports of
    heavy case loads and new procedures impacting the courts'
    effectiveness.

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

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

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

        f. Arbitrary Interference With Privacy, Family, Home, or
    Correspondence.--The constitution and law prohibit such actions, and
    the Government generally respected these prohibitions in practice.
    However, the Government's continued narrow interpretation of a 2006
    High Court ruling resulted in the majority of San being prohibited from
    living or hunting in the CKGR. In 2002 the Government forcibly
    resettled the remaining indigenous San and other minority members
    living in the CKGR who had not voluntarily left to resettlement sites
    outside the reserve. Government officials maintained the resettlement
    program was voluntary and necessary to facilitate the delivery of
    public services, to provide socioeconomic development opportunities to
    the San, and to minimize human impact on wildlife (see section 6,
    Indigenous People).
    Section 2. Respect for Civil Liberties, Including:

        a. Freedom of Speech and Press.--The constitution and law provide
    for freedom of speech and of the press, and the Government generally
    respected freedom of speech in practice. The Media Institute of
    Southern Africa (MISA) and other NGOs reported that the Government
    attempted to limit press freedom and continued to dominate domestic
    broadcasting. Individuals could generally criticize the Government
    publicly or privately without reprisal.
        In 2008 Parliament passed the Media Practitioners Act, establishing
    a new Media Council to register and accredit journalists, promote
    ethical standards amongst the media, and receive public complaints.
    Some NGOs, including MISA, the independent media, and opposition
    members of parliament (MPs) continued to criticize the law, stating
    that it restricted press freedom and was passed without debate after
    consultations between the Government and stakeholders collapsed.
        The Government owned and operated the Botswana Press Agency, which
    dominated the media through its free, nationally distributed newspaper,
    Daily News, and through two FM radio stations. State-owned media
    generally featured uncritical reporting on the Government and were
    susceptible to political interference. Opposition political parties
    claimed that state media coverage heavily favored the ruling party.
        The independent media were active and generally expressed a wide
    variety of views, which frequently included strong criticism of the
    Government; however, members of the media stated they were sometimes
    subject to government pressure to portray the Government and the
    country in a positive light. It was sometimes more difficult for
    private media organizations than for government-owned ones to obtain
    access to government-held information.
        Radio continued to be the most broadly accessible medium.
    Government-owned Radio Botswana and Radio Botswana 2 covered most of
    the country. Privately owned Yarona FM, Gabz FM, and Duma FM expanded
    their broadcasts from Gaborone to cover most of the major towns. They
    produced news and current affairs programs without government
    interference.
        State-owned Botswana Television was the primary source of televised
    news and current affairs programs. The privately owned Gaborone
    Broadcasting Corporation broadcast mostly foreign programs.
    International television channels were available through cable
    subscription and satellite.
        Some members of civil society organizations alleged the Government
    occasionally censored stories it deemed undesirable, and government
    journalists sometimes practiced self-censorship.

        Internet Freedom.--There were no government restrictions on access
    to the Internet or reports that the Government monitored e-mail or
    Internet chatrooms. Individuals and groups could engage in the peaceful
    expression of views via the Internet, including by e-mail. Internet
    access was most common in urban areas, but has begun to expand to
    smaller cities and some rural areas. According to International
    Telecommunication Union statistics for 2009, approximately 6.15 percent
    of the country's inhabitants used the Internet. However, there were
    some reports during the year that the actual figure was significantly
    higher as citizens increasingly accessed the Internet through both
    mobile telephones and home and office Internet connections.

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

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

        c. Freedom of Religion.--For a description of religious freedom,
    please see the 2010 International Religious Freedom Report at
    www.state.gov/g/drl/irf/rpt.

        d. Freedom of Movement, Internally Displaced Persons, Protection of
    Refugees, and Stateless Persons.--The constitution and law provide for
    freedom of movement within the country, foreign travel, emigration, and
    repatriation, and the Government generally respected these rights in
    practice.
        The Government continued to restrict the freedom of indigenous San
    to return to the CKGR, despite a 2006 High Court ruling in a suit
    brought by 189 San declaring that the forced relocation of many San in
    2002 had wrongfully deprived them of their property and that government
    prohibitions against their returning to the reserve and hunting there
    were unconstitutional. The Government interpreted the High Court ruling
    to apply only to the 189 plaintiffs in the case and their families, and
    permitted only them to hunt or live in the CKGR. A few San had never
    left the reserve, and some moved back to the CKGR after the High
    Court's decision. Many of the 189 did not return to live in the CKGR,
    as lack of water made the CKGR an extremely inhospitable environment,
    and some who initially returned left again. The Government was not
    required to provide water in the CKGR per the 2006 ruling (see sections
    1.f. and 6). Visitors to the reserve, including relocated former
    residents not named in the 2006 case, must obtain a permit to enter the
    CKGR. During the year the San took the Government to the High Court,
    pleading for permission to use the borehole the Government disabled in
    2002. The High Court dismissed their case. The Government continued to
    hold discussions with groups of San to reach an amicable solution
    regarding terms of CKGR residency.
        The law prohibits forced exile, and the Government did not use it.

        Protection of Refugees.--The Government has established a system
    for providing protection to refugees. The Government granted refugee
    status or asylum. The Government's system for granting refugee status
    was accessible but slow. In practice the Government provided protection
    against the expulsion or return of persons to countries where their
    lives or freedom would be threatened on account of their race,
    religion, nationality, membership in a particular social group, or
    political opinion. The Government also provided temporary protection to
    individuals who may not qualify as refugees under the 1951 UN refugee
    convention or the 1967 protocol. During the year fewer than 100 persons
    were granted refugee status. The Government cooperated with the UNHCR
    and other humanitarian organizations in assisting refugees and asylum
    seekers.
        The Government held newly arrived refugees and asylum seekers,
    primarily from Zimbabwe, in the Center for Illegal Immigrants in
    Francistown until the Refugee Advisory Committee (RAC), a governmental
    body whose chairperson is the district commissioner of Francistown,
    made a status recommendation; the UNHCR was present at RAC meetings in
    the status of observer and technical advisor. Once persons were granted
    refugee status, the Government transferred them to the Dukwe Refugee
    Camp until their resettlement or voluntary repatriation. Refugee
    applicants who were unsuccessful in obtaining asylum were nonetheless
    allowed to remain at Dukwe if they wished while the Government referred
    their cases to the UNHCR for possible resettlement. Refugees in Dukwe
    had access to education and health care. Although asylum seekers were
    housed separately from illegal immigrants, the UNHCR criticized the
    detention of asylum seekers at the Center for Illegal Immigrants on the
    grounds that asylum seekers should not be held in detention facilities.
    Conditions at the center were generally adequate, but children in the
    center did not have sufficient access to education during their
    detention, which in a few cases lasted many months.
        In June 2009 the Government changed its 1997 policy that allowed
    some registered refugees to obtain special residency permits allowing
    them to live and work outside the camp for one year with the
    possibility of renewal. As of December only 19 of the country's 3,185
    registered refugees were living and working outside Dukwe. The
    Government has stated that as a general policy all registered refugees
    must reside in the Dukwe camp, although it may permit residence outside
    the camp in a few exceptional cases, such as refugees enrolled at a
    university or with unique skills.
    Section 3. Respect for Political Rights: The Right of Citizens to
            Change Their Government
        The constitution and law provide citizens the right to change their
    government peacefully, and citizens exercised this right through
    periodic, free, and fair elections based on universal suffrage.

        Elections and Political Participation.--In October 2009 the ruling
    BDP won the majority of National Assembly seats in a general election
    deemed by international and domestic observers to be generally free and
    fair. President Ian Khama, who has held the presidency since 2008, when
    former President Festus Mogae resigned, retained his position. However,
    the BDP received preferential access to state-owned television during
    much of the campaign. The BDP won 45 of 57 competitive National
    Assembly seats, the Botswana National Front (BNF) won six seats, the
    Botswana Congress Party (BCP) won five seats, and an independent
    candidate won one seat. The BDP has won a majority of seats in the
    National Assembly in every election since independence. There are also
    four additional MPs who are nominated and elected by parliament.
        In May the BDP split, with five of its MPs forming a new opposition
    party, the Botswana Movement for Democracy (BMD). Other MPs switched
    parties during the year, including among opposition parties, from the
    ruling party to opposition, and from the opposition to the ruling
    party. At year's end, the BDP held 45 seats in parliament, the new BMD
    party led the opposition with six seats, the BNF controlled five seats,
    and the BCP had five seats.
        The House of Chiefs acts as an advisory upper chamber to the
    National Assembly on any legislation affecting tribal organization and
    property, customary law, and administration of the customary courts. It
    consists of eight paramount chiefs, five chiefs chosen by the
    president, and 22 elected chiefs from designated regions. The paramount
    chiefs are members of the House of Chiefs for life, while the chosen
    and elected chiefs serve five-year terms. The first election based on
    amendments made to the constitution in 2006 to expand the House of
    Chiefs was held later that year.
        Political parties operated without restriction or outside
    interference.
        There were four women in the 61-seat National Assembly, one of whom
    was the speaker; four in the 24-member cabinet; and four in the
    expanded 35-seat House of Chiefs.
        While the constitution formally recognizes eight principal ethnic
    groups of the Tswana nation, amendments to the constitution also allow
    minority tribes to be represented in the expanded House of Chiefs.
    Under the law members from all groups enjoy equal rights, and minority
    tribes have representation that is at least equal to that of the eight
    principal tribes. There are members of minority tribes in the assembly,
    in the cabinet, and on the High Court.
    Section 4. Official Corruption and Government 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 minister
    of defense, justice and security resigned his cabinet position in
    August immediately preceding an official charge of corruption.
        There are no formal financial disclosure laws; however, in October
    2009 a presidential directive required all cabinet ministers to declare
    their interests, assets, and liabilities to the president. Critics
    contended the policy did not go far enough to promote transparency and
    that financial declarations by senior government officials should be
    available to the public.
        In 2009 the Directorate on Corruption and Economic Crime (DCEC)
    initiated investigations into 39 suspicious transactions. Of these, 18
    remained under investigation and 21 were concluded by year's end. Of
    the 21 cases, the directorate dismissed 18 after allegations of illegal
    conduct were disproved and found insufficient in three.
        During the year police initiated investigations into 20 cases of
    police corruption.
        Police officials acknowledged that corruption was a problem in the
    lower ranks; some officers took advantage of illegal immigrants and
    traffic violators. During the year 29 police officers were arrested for
    criminal offenses, with 12 brought before the courts by year's end. Of
    the 24 officers who were charged in 2009 and remained under
    investigation during the year, 18 were dismissed, two were acquitted,
    two resigned, and two cases remained under investigation.
        The security forces reported to civilian authorities, and the
    Government had effective mechanisms to investigate and punish abuse and
    corruption, including investigation by police and referral to the
    criminal court system.
        In April portions of an anti-money-laundering law enacted in March
    2009 came into effect. The act created a new Financial Intelligence
    Agency (FIA), but the agency was still being formed during the year.
    Until the FIA is fully functioning, the DCEC retains responsibility for
    investigating suspected instances of money laundering, including the
    authority to demand access to bank records during the course of an
    investigation.
        The law does not provide public access to government information,
    and the Government generally restricted such access. Information that
    is made public is available for a fee from the Government Printing
    Office.
    Section 5. 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 domestic NGO views on most
    subjects but were considerably less open to the involvement of some
    international NGOs on the issue of the CKGR relocations. The Government
    interacted with, and provided financial support to, some domestic
    organizations. Independent local human rights groups included
    Childline, a child welfare NGO; Emang Basadi, a women's rights group;
    the Botswana Network on Ethics, Law, and HIV/AIDS; and DITSHWANELO.
        Beginning in 2007 the Government required that certain foreign NGO
    workers obtain visas, a practice which continued during the year.
        The Government worked cooperatively with international
    organizations, including the ICRC and UN, during the year. The
    Government allowed visits from UN representatives and representatives
    from human rights and humanitarian organizations such as the ICRC.
        The UN Special Rapporteur on Indigenous Persons visited the country
    in March 2009, and the UN issued a report on his visit in February. The
    UN noted that although the Government had undertaken many initiatives
    to address the conditions of disadvantaged and marginalized peoples and
    to celebrate their cultures, it needed to increase its efforts to
    tackle the challenges faced by indigenous groups, such as land rights.
    According to the UN report, ``Certain indigenous groups continue to
    suffer from a lack of secure land tenure, including access to and use
    of their ancestral lands and resources, in part due to the
    nonrecognition of these groups' customary land use practices.''
        An independent, autonomous ombudsman handled complaints of
    administrative wrongdoing in the public sector, and the Government
    generally cooperated with the ombudsman. The office suffered from a
    shortage of staff, and public awareness of the office and its services
    was low.
    Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
        The constitution and law prohibit governmental discrimination on
    the basis of ethnicity, race, nationality, creed, sex, or social
    status, and the Government generally respected these provisions in
    practice. As long as a job applicant is able to perform the duties of
    the position, he or she may not be discriminated against due to
    disability or language. However, the law does not prohibit
    discrimination by private persons or entities, and there was societal
    discrimination against women; persons with disabilities; minority
    ethnic groups, particularly the San; persons with HIV/AIDS; persons
    with albinism; and gays and lesbians.

        Women.--The law prohibits rape but does not recognize spousal rape
    as a crime. Laws against rape were effectively enforced when victims
    pressed charges; however, police noted victims often declined to press
    charges against the perpetrators. In some cases victims were afraid of
    losing financial support if perpetrators were found guilty and
    imprisoned. The number of reported rape cases decreased during the year
    from 1,539 as of December 2009 to 1,332 as of November 2010. The NGOs
    continued efforts to improve awareness of the crime. By law the minimum
    sentence for rape is 10 years in prison, increasing to 15 years with
    corporal punishment if the offender is HIV-positive, and 20 years with
    corporal punishment if the offender was aware of having HIV-positive
    status. Corporal punishment was used more often in the customary than
    in the formal courts and typically consisted of strokes to the buttocks
    with a stick. A person convicted of rape is required to undergo an HIV
    test before sentencing. However, police lacked basic investigative
    techniques in rape cases.
        The law prohibits domestic and other violence, whether against
    women or men, and it remained a serious problem. The police reported
    the following statistics related to domestic violence: defilement, 389
    cases; incest, 5 cases; indecent assault on females, 129 cases; common
    assault, 12, 367 cases; and assault occasioning bodily harm, 2,069
    cases. There were 90 reported cases of passion killings and 834 of
    death threats. Greater public awareness resulted in increased reporting
    of domestic violence and sexual assault.
        The law prohibits sexual harassment in both the private and public
    sectors. Sexual harassment committed by a public officer is considered
    misconduct and punishable by termination, with or without forfeiture of
    all retirement benefits, suspension with loss of pay and benefits for
    up to three months, reduction in rank or pay, deferment or stoppage of
    a pay raise, or a reprimand. However, sexual harassment continued to be
    a widespread problem, particularly by men in positions of authority,
    including teachers, supervisors, and older male relatives.
        Couples and individuals have the right, and were able in practice,
    to decide freely and responsibly the number, spacing, and timing of
    their children, and to have the information and means to do so free
    from discrimination, coercion, and violence. Contraception is widely
    available. According to the Population Reference Bureau, skilled
    attendance during childbirth averaged 94 percent across the country--
    with higher rates in urban areas. Obstetric and postpartum care was
    generally available, and women had equal access to testing and
    treatment for sexually transmitted diseases, including HIV/AIDS. The
    Government's program, Prevention of Mother-to-Child Transmission of
    HIV, has effectively curtailed mother-to-child transmission. According
    to the Ministry of Health, the maternal mortality rate was 198 deaths
    per 100,000 births.
        By law women have the same civil rights as men, but in practice
    societal discrimination persisted. A number of traditional laws
    enforced by tribal structures and customary courts restricted women's
    property rights and economic opportunities, particularly in rural
    areas. Marriages can occur under one of three systems, each with its
    own implications for women's property rights. A woman married under
    traditional law or in ``common property'' is held to be a legal minor
    and required to have her husband's consent to buy or sell property,
    apply for credit, and enter into legally binding contracts. Under an
    intermediate system referred to as ``in community of property,''
    married women may own real estate in their own names, and the law
    stipulates that neither spouse can dispose of joint property without
    the written consent of the other. Women increasingly exercised the
    right to marriage ``out of common property,'' in which they retained
    their full legal rights as adults. Polygamy is legal under traditional
    law with the consent of the first wife, but it was not common.
        Skilled urban women had increasing access to entry- and mid-level
    white collar jobs. According to a 2007 Grant Thornton International
    Business Report, 74 percent of businesses employed women in senior
    management positions, and women occupied 31 percent of such positions.
    Women occupied many senior-level positions in government agencies, such
    as speaker of the General Assembly, governor of the Bank of Botswana,
    attorney general, minister in the Office of the President, minister of
    education and skills development, and numerous permanent secretary
    positions. However, a 2007 UN report found that women's political
    participation was not equal to that of men. In 2008 the Botswana
    Defense Force (BDF) began to allow women to serve in the military. In
    2008 the first class of Batswana female officer candidates completed
    their training in Tanzania and joined the BDF. During 2009 women were
    included as officer candidates in the first integrated training class
    to be conducted in the country and they continued to be inducted as
    officer candidates during the year.
        The Women's Affairs Department in the Ministry of Labor and Home
    Affairs has responsibility for promoting and protecting women's rights
    and welfare. The department provided grants to NGOs working on women's
    issues. A local NGO reported that women were increasingly able to
    access credit markets and be paid as much as their male counterparts
    for similar work.

        Children.--The law provides for the rights and welfare of children,
    and the Government respected these rights in practice. In general,
    citizenship is derived from one's parents, although there are very
    limited circumstances in which citizenship can be derived from birth
    within the country's territory. The Government generally registers
    births immediately; however, there were some delays in the most remote
    locations. Unregistered children may be denied some government
    services.
        The Government continued to allocate the largest portion of its
    budget to the Ministry of Education. The Ministry of Local Government
    distributed books, food, and materials for primary education. Education
    was not compulsory. The Government reintroduced school fees in 2006.
    The fees could be waived for children whose family income fell below a
    certain amount. The Government also provided uniforms, books, and other
    fees for students whose parents were destitute. Students in remote
    areas received two free meals a day at school. Girls and boys attended
    school at similar rates.
        No law specifically prohibits child abuse. Sex with a child younger
    than 16 is known as defilement and is prohibited and punishable by a
    minimum of 10 years' incarceration. Police reported that through the
    end of November there were 1,332 cases of rape, 389 cases of
    defilement, 129 cases of indecent assault on girls and five cases of
    incest. There were defilement investigations and convictions during the
    year. Sexual abuse of students by teachers was reported to be a
    problem. Children were sometimes sexually abused by extended family
    members with whom they lived. The law considers incest a punishable act
    only if it occurs between blood relatives.
        Child marriage occurred infrequently and was largely limited to
    certain ethnic groups. Marriages that occur when either party is under
    the minimum legal age of 18 are not recognized by the Government.
        Child prostitution and pornography are criminal offenses. Media and
    NGO reports claimed that prostituted children had been made available
    to truck drivers along the main road linking the country with South
    Africa and that many of the girls and boys were thought to be orphans.
        There were reports of child labor. Of the children employed,
    approximately half were below the legal working age of 14. Two-thirds
    of employed children were working in rural villages, and more than 60
    percent worked in the agricultural sector, mostly on a subsistence
    level on family cattle posts or farms.
        In 2005 the UN Children's Fund estimated there were 150,000 orphans
    in the country, of whom approximately 120,000 had lost one or both
    parents due to HIV/AIDS. As of December the Government had registered
    37,233 children as orphans. The discrepancy between the two estimates
    is due to the fact that the Government has a more restrictive
    definition of when a child is orphaned than the UN. The Government
    requires both parents of a child to have died before considering the
    child an orphan, except in cases where the child is raised by only one
    parent. Once registered, the children received clothes, shelter, a
    monthly food basket worth between 216 pula (approximately $33) and 350
    pula ($54) depending upon location, and counseling as needed. Some
    relatives continued to deny inheritance rights to orphans.
        The country is not a party to the 1980 Hague Convention on the
    Civil Aspects of International Child Abduction. For information on
    international parental child abduction, please see the Department of
    State's annual report on compliance at http://travel.state.gov/
    abduction/country/country--3781.html.

        Anti-Semitism.--There was no known Jewish community in the country,
    and no reports of anti-Semitic acts.

        Trafficking in Persons.--For information on trafficking in persons,
    please see the Department of State's annual Trafficking in Persons
    Report at www.state.gov/g/tip.

        Persons With Disabilities.--The law prohibits discrimination
    against persons with physical and mental disabilities in education,
    employment, access to health care, or the provision of other state
    services. The Government has an effective national policy that provides
    for integrating the needs of persons with disabilities into all aspects
    of government policymaking. The Government mandated access to public
    buildings or transportation for persons with disabilities. There was
    some discrimination against persons with disabilities, and employment
    opportunities remained limited. The Government did not restrict persons
    with disabilities from voting or participating in civil affairs, and
    some accommodations were made during elections to allow for persons
    with disabilities to vote. Although new government buildings were being
    constructed to assure access by persons with disabilities, most older
    government office buildings remained inaccessible. There is a
    Department of Disability Coordination in the Office of the President to
    care for persons with disabilities.
        The Department of Labor is responsible for protecting the rights of
    persons with disabilities and investigating claims of discrimination.
    Individuals can also bring cases directly to the Industrial Court. The
    Government funded NGOs that provided rehabilitation services and
    supported small-scale projects for workers with disabilities.

        Indigenous People.--An estimated 50,000-60,000 persons belong to
    one of the many scattered, diverse tribal groups known as San or
    Basarwa. The San represented approximately 3 percent of the population
    and were culturally and linguistically distinct from most other
    residents. The law prohibits discrimination against the San with
    respect to employment, housing, health services, and cultural
    practices; however, the San remained economically and politically
    marginalized and generally did not have access to their traditional
    land. The San continued to be geographically isolated, had limited
    access to education, lacked adequate political representation, and were
    not fully aware of their civil rights. In 2002 the Government forcibly
    resettled San who were living in the CKGR to the settlement areas of
    Kaudwane, New Xade, and Xere. The Government continued to maintain that
    the move was to enable the resettled San to have better access to
    education and health facilities.
        While the Government respected the December 2006 High Court ruling
    on a suit filed by 189 San regarding their forced relocation, it
    continued to interpret the ruling to allow only the 189 actual
    applicants and their spouses and minor children, rather than all San
    affected by the relocations, to return to the CKGR. The court ruled
    that the applicants were entitled to return to the CKGR without entry
    permits and to be issued permits to hunt in designated wildlife
    management areas, which are not located in the CKGR. The court also
    ruled that the Government was not obligated to resume providing
    services within the CKGR, and the Government did not reopen water wells
    in the CKGR during the year. Many of the San and their supporters
    continued to object to the Government's narrow interpretation of this
    ruling. Government sources confirmed that negotiations between San
    representatives and government regarding residency, water, and hunting
    rights were ongoing at year's end. However, a small group of San also
    filed suit in November 2009 seeking to force the Government to open a
    water well at a specific location inside the CKGR. San contend that
    this location had previously been a well, while the Government argued
    that it had never been a well and had been used for geological
    exploration. In July the High Court ruled against the plaintiffs.
    Attorneys for the San filed an appeal, which remained under
    consideration by the court at year's end.
        During the year there were no reports of the arrest of San for
    illegal hunting in the CKGR. In 2009 the Government made several
    arrests of San for illegally hunting in the CKGR. Although the law
    allows a fine or prison term for those found guilty of illegal hunting,
    none of the San arrested in 2009 were sanctioned.
        During the year there were no government programs directly
    addressing discrimination against the San. With the exception of the
    2006 court ruling, there were no demarcated cultural lands.
        A number of NGOs made efforts to promote the rights of the San or
    to help provide economic opportunities. However, the programs had
    limited impact. The NGO Survival International, along with other
    independent organizations, continued to criticize the decision by the
    Government to allow mining exploration in the CKGR. The NGOs argued
    that diamond exploration in the CKGR would have a devastating impact on
    the life and environment of the San.

        Societal Abuses, Discrimination, and Acts of Violence Based on
    Sexual Orientation and Gender Identity.--The country has no law
    criminalizing sexual orientation. However, what the law describes as
    ``unnatural acts'' are criminalized, and there is widespread belief
    this is directed toward gay, lesbian, bisexual, and transgender
    persons. The police do not target homosexual activity, and there were
    no reports of violence against persons based on their sexual
    orientation or gender identity during the year. However, there were
    reports of societal discrimination and harassment of gay, lesbian,
    bisexual, and transgender persons. An independent organization LEGABIBO
    (Lesbians, Gays, and Bisexuals of Botswana) attempted to register as an
    NGO to advocate for the rights of gay, lesbian, transgender, and
    bisexual persons, but the Government refused to allow it to do so.

        Other Societal Discrimination.--Discrimination against persons with
    HIV/AIDS continued to be a problem, including in the workplace. The
    Government funded community organizations that ran antidiscrimination
    and public awareness programs. The Botswana Network on Ethics, Law, and
    HIV/AIDS continued to advocate for an HIV employment law to curb
    discrimination in the workplace.
        While persons with albinism were subject to some social
    discrimination, individuals were generally able to exercise their
    rights in practice.
    Section 7. Worker Rights

        a. The Right of Association.--The law allows workers to form and
    join unions of their choice without excessive requirements, and workers
    exercised this right in practice. Only police, military, and prison
    personnel are prevented from forming or joining labor unions. However,
    members of those professions are represented by employee associations,
    which serve as a means to communicate collective needs and concerns to
    their government employer. In March 357,919 persons were employed in
    the formal sector, of whom 51 percent worked in the private sector, 28
    percent worked for the national government, 17 percent for local
    governments, and 4 percent for parastatal enterprises. Only 1.7 percent
    of formal sector employees worked in agriculture, 3 percent in mining,
    13 percent in retail sales, and 10 percent in manufacturing. Exact
    statistics regarding union membership were not available, but analysts
    estimated that trade unions had approximately 70,000 members, which
    would represent 20 percent of the formal sector workforce. Unions were
    concentrated largely in the public sector, mineral extraction, and to a
    lesser extent in the railway and banking sectors. The law requires that
    an organization have more than 30 employees to form a trade union.
        The law severely restricts the right to strike, and virtually all
    strikes are ruled illegal, leaving striking workers at risk of
    dismissal. Legal strikes theoretically are possible only after an
    exhaustive arbitration process. Sympathy strikes are prohibited.
        The 2006 case regarding a copper mine's dismissal of 178 workers
    for striking concluded with a lower court dismissal of the case, which
    was based on procedural errors by the plaintiffs' attorney. The case
    was appealed and had not been heard by the Industrial Court by year's
    end.
        In 2008 the Industrial Court dismissed a 2005 case in which 461
    workers were fired in 2004 after a strike against their employer,
    Debswana, the joint government-DeBeers diamond mine venture. The court
    found the case was not tried in a timely fashion. The 461 former
    employees appealed the dismissal; the appeal was dismissed by the
    Industrial Court early in the year.

        b. The Right to Organize and Bargain Collectively.--The law allows
    unions to conduct their activities without interference, and the
    Government protected this right in practice. The law provides for
    collective bargaining for unions that have enrolled 25 percent of an
    organization's labor force.
        Civil service disputes were referred to an ombudsman for
    resolution. Private labor disputes were mediated by labor commissioners
    and, if not resolved, sent to the Labour Court. The average time to
    resolve a labor dispute dropped from 20 months to 11 months by year's
    end.
        Workers may not be fired for legal union-related activities.
    Dismissals on other grounds may be appealed to civil courts or labor
    officers, which rarely ordered more than two months' severance pay.
        The country's export processing zone (EPZ) exists on paper only.
    There are no special laws or exemptions from regular labor laws in the
    EPZ.

        c. Prohibition of Forced or Compulsory Labor.--The constitution and
    law prohibit forced and compulsory labor, including by children;
    however, there were reports of child labor in cattle-herding.
        Some Zimbabwean women reported being exploited by employers for
    forced labor. Children were trafficked internally for domestic
    servitude and cattle herding.
        Also see the Department of State's annual Trafficking in Persons
    Report at www.state.gov/g/tip.

        d. Prohibition of Child Labor and Minimum Age for Employment.--The
    law sets the minimum age for basic employment at 14 years. Only an
    immediate family member may employ a child age 13 or younger, and no
    juvenile under age 14 may be employed in any industry without
    permission from the commissioner of labor. Children 14 years old who
    are not attending school may be employed by family members in light
    work that is not considered hazardous or as approved by the labor
    commissioner, but for no more than six hours per day or 30 hours per
    week. In industrial settings those under age 15 may only work up to
    three consecutive hours without the labor commissioner's approval, and
    those between ages 15 and 18 may work only up to four consecutive hours
    without such approval. Those under 18 may not be employed in work
    underground, at night, in work that is harmful to health and
    development, or that is dangerous or immoral. The law provides that
    adopted children may not be exploited for labor and protects orphans
    from exploitation or coercion into prostitution.
        According to the 2005-06 labor survey, slightly fewer than 38,000
    children between the ages of seven and 17 were employed in the formal
    sector in 2006. Approximately half of those were under 14. More than 60
    percent of employed children worked in agriculture, 20 percent in
    retail trade, and 4 percent in private homes. Children also worked as
    domestic laborers and in informal bars. Outside of supermarkets they
    sometimes assisted truck drivers with unloading goods and carried bags
    for customers. Many orphans also left school to work as caregivers for
    sick relatives. Most employed children worked up to 28 hours per week.
        The Ministry of Labor and Home Affairs was responsible for
    enforcing child labor laws and policies in all sectors, and it was
    generally effective, despite limited resources for oversight in remote
    areas of the country. District and municipal councils have child
    welfare divisions, which are also responsible for enforcing child labor
    laws. Other involved government entities included offices with the
    Ministry of Education and the Ministry of Local Government. Oversight
    of child labor issues was facilitated through the Advisory Committee on
    Child Labor, which included representatives of various NGOs, government
    agencies, workers' federations, and employers' organizations. One child
    was found to be working illegally in the agricultural sector during the
    year. The employer was charged and fined and the child was assisted by
    the Department of Social Services.
        The Government supported and worked with partners to conduct
    workshops to raise awareness of child labor. The Department of Labor
    partnered with the Department of Social Services to advocate against
    and raise awareness of exploitative child labor.

        e. Acceptable Conditions of Work.--The minimum hourly wage for most
    full-time labor in the private sector was 3.80 pula ($0.58), which did
    not provide a decent standard of living for a worker and family. The
    cabinet determined wage policy based on recommendations from the
    National Economic, Manpower, and Incomes Committee, which consists of
    representatives of the Government, the private sector, and the Botswana
    Federation of Trade Unions. The Ministry of Labor and Home Affairs was
    responsible for enforcing the minimum wage, and each of the country's
    districts had at least one labor inspector.
        Formal sector jobs generally paid well above minimum wage levels.
    Informal sector employment, particularly in the agricultural and
    domestic service sectors, where housing and food were provided,
    frequently paid below the minimum wage. The minimum wage for domestic
    workers was two pula ($0.30) per hour. The minimum for workers in the
    agricultural sector was 408 pula ($62) per month; however, the cost of
    feeding a worker who lived on the employer's premises could be deducted
    from the wages.
        The law permits a maximum 48-hour workweek, exclusive of overtime,
    which is payable at time-and-a-half. The law does not specifically
    outline rest periods or prohibit excessive compulsory overtime. Most
    modern private sector jobs had a 40-hour workweek; the public sector,
    however, had a 48-hour workweek. The labor law applies to farm and
    migrant workers. The Department of Labor had inspectors to oversee and
    enforce labor regulations; however, the number was insufficient to
    allow for inspection of all relevant workplaces.
        The Government's ability to enforce its workplace safety
    legislation remained limited by inadequate staffing and unclear
    jurisdictions among different ministries. Nevertheless, there are
    limited requirements for occupational safety contained in the
    Employment Act, and employers in the formal sector generally provided
    for worker safety.
        The law provides that workers who complain about hazardous
    conditions may not be fired, and authorities in the Ministry of Labor
    and Home Affairs effectively enforced this right.

                                   __________

                                  BURKINA FASO

        Burkina Faso is a parliamentary republic with a population of
    approximately 15.7 million. In November President Blaise Compaore was
    reelected to a fourth term with more than 80 percent of the vote.
    Observers considered the election free and transparent, despite minor
    irregularities, but not entirely fair due to the ruling party's control
    of official resources. The president, assisted by members of his party,
    the Congress for Democracy and Progress (CDP), continued to dominate
    the Government. The CDP won a majority in the 2007 legislative
    elections, which observers declared generally free and orderly despite
    irregularities, including fraud involving voter identification cards.
    There were instances in which elements of the security forces acted
    independently of civilian control.
        Human rights problems included security force use of excessive
    force against civilians, criminal suspects, and detainees; arbitrary
    arrest and detention; abuse of prisoners and harsh prison conditions;
    official impunity; judicial inefficiency and lack of independence;
    occasional restrictions on freedom of assembly; official corruption;
    societal violence and discrimination against women and children,
    including female genital mutilation; trafficking in persons;
    discrimination against persons with disabilities; and child labor.
                            respect for human rights
    Section 1. Respect for the Integrity of the Person, Including Freedom
            From:

        a. Arbitrary or Unlawful Deprivation of Life.--The Government or
    its agents did not commit any politically motivated killings; however,
    on June 30, Da Arnaud Some died in police custody several hours after
    being arrested for alleged drug possession. Some died under unclear
    circumstances in Gaoua hospital after police arrested him on drug
    possession charges in Danyoro. Some tried to escape and sustained
    injuries falling down a steep ravine. He died a few hours later while
    in the hospital receiving treatment. Human rights organizations,
    including the Burkina Faso Movement for Human and Peoples' Rights
    (MBDHP), investigated the death and concluded that Some died as a
    result of a severe police beating and not because of an alleged fall.
    The MBDHP called for an independent investigation and the arrest of
    those responsible for Some's death. The Government took rapid
    disciplinary action, arresting the three policemen involved in Some's
    death and reassigning the entire police staff, including the chiefs of
    police in Danyoro and Gaoua, to other police stations. Although the
    Government promised legal action against the perpetrators, by year's
    end there had been no trial. This death triggered violent
    demonstrations on July 1 in Gaoua (see section 2.b.).
        On July 1, security forces killed two young men in Gaoua after
    demonstrations organized to protest the June 30 killing turned violent.
    According to official reports, security forces used shotguns to restore
    order. Human rights associations collected empty cartridges after the
    incidents, and injuries were consistent with the use of live fire.
    Official post-incident reports referred to the causes of death as
    ``accidental'' (see section 1.c.).
        In September 2009 prison guards shot and killed six prisoners and
    severely injured eight more while trying to quell prisoners protesting
    preferential treatment of wealthier prisoners. The Burkinabe Movement
    for the Emergence of Social Justice (MBEJUS) demanded an investigation;
    however, no action had been taken by year's end.

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

        c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
    Punishment.--Although the constitution and law prohibit such treatment,
    members of the security forces continued to abuse persons with
    impunity. Suspects reportedly were frequently subjected to beatings,
    threats, and occasionally torture to extract confessions. Government
    actions to prevent such treatment were weak, with only a few known
    cases when this behavior was punished.

        Prison and Detention Center Conditions.--Prison conditions were
    harsh and could be life threatening. Prisons were overcrowded, and
    medical care and sanitation were poor. Diet was inadequate, and inmates
    often relied on supplemental food from relatives. Pretrial detainees
    were usually held with convicted prisoners.
        Deaths from prison conditions or neglect occurred, according to
    human rights organizations. The MBEJUS stated that approximately 150
    prisoners died during the year. Human rights activists believed that
    the majority of those deaths were the result of harsh prison
    conditions.
        There were 5,238 persons incarcerated countrywide, including 112
    women and 127 minors, of whom 2,519, including 73 women and 82 minors,
    were in pretrial detention. Generally juveniles and adults were not
    held together in Ouagadougou; however, in provincial prisons they were
    held together because no separate facilities existed there for
    juveniles.
        Prisoners and detainees had reasonable access to visitors and were
    permitted religious observance. Authorities permitted prisoners and
    detainees to submit complaints to judicial authorities without
    censorship and to request investigation of credible allegations of
    inhumane conditions. The Government investigated and monitored prison
    and detention center conditions. Prison authorities granted permission
    to visit prisons without requiring advance notice for representatives
    of local and international human rights groups, the media, foreign
    embassies, and the International Committee of the Red Cross. The
    International Red Cross visited prisons as did members of local
    nongovernmental organizations (NGOs), foreign embassies, and the press.

        d. Arbitrary Arrest or Detention.--The constitution and law
    prohibit arbitrary arrest and detention; however, security forces did
    not consistently observe these prohibitions. The Government did not
    take steps to prevent such treatment and did not investigate and punish
    those responsible.

        Role of the Police and Security Apparatus.--The National Police,
    under the Ministry of Security, and the municipal police, under the
    Ministry of Territorial Administration, are responsible for public
    security. Gendarmes, under the Ministry of Security, are responsible
    for restoring law and order during a disturbance, enforcing the penal
    code, and taking preventive action, such as checking if individuals are
    carrying required official documents.
        Human rights organizations cite the climate of impunity created by
    the Government's inaction as the largest obstacle to reducing abuse.
        Observers stated security forces were not very effective in
    preventing and responding to societal violence. The Human Rights
    Ministry did not conduct any seminars during the year to educate
    security forces on human rights because of a lack of funding. In
    addition, human rights organizations pointed to complicated government
    procedures for authorizing security forces to take action as hampering
    security forces from preventing and responding to societal violence.
        For example, authorities were not effective in addressing incidents
    between Fulani herders and Mossi, Gourounchi, and Gourmanche farmers,
    or cases in which elderly women were expelled from their homes or
    villages following accusations of witchcraft.

        Arrest Procedures and Treatment While in Detention.--By law, police
    must possess a warrant to search or arrest, arrests must be made
    openly, and warrants must be based on sufficient evidence and issued by
    a duly authorized official. However, authorities did not always respect
    this process. Detainees were not consistently informed of charges
    against them. The law provides the right to expeditious arraignment,
    bail, access to legal counsel after a detainee has been charged before
    a judge or, if indigent, access to a lawyer provided by the state after
    being charged; however, these rights were seldom respected. The law
    does not provide for detainees to have access to family members,
    although detainees generally were allowed such access.
        The law limits detention without charge for investigative purposes
    to a maximum of 72 hours, renewable for a single 48-hour period;
    however, police rarely observed these restrictions. The law permits
    judges to impose an unlimited number of six-month preventive detention
    periods. The average time of detention without charge (preventive
    detention) was one week. However, defendants without access to legal
    counsel often were detained for weeks or months before appearing before
    a magistrate. Ombudsmen are permitted to serve on behalf of prisoners
    and detainees to consider such matters as alternatives to incarceration
    for nonviolent offenders to alleviate inhumane overcrowding.
        Government officials estimated that 48 percent of prisoners
    nationwide were in pretrial status. In some cases detainees were held
    without charge or trial for longer periods than the maximum sentence
    they would have received if convicted of the alleged offense. A
    pretrial release (release on bail) system exists; however, the extent
    of its use was unknown. Human rights advocates stated that the justice
    system, including prisons, had unreliable mechanisms to track detainees
    and occasionally ``lost'' some of them.

        e. Denial of Fair Public Trial.--The constitution and law provide
    for an independent judiciary; however, NGOs reported that the judiciary
    was corrupt, inefficient, and subject to executive influence. The
    president has extensive appointment powers and used them to influence
    the judiciary. Constitutionally, the head of state also serves as
    president of the Superior Council of the Magistrature, which nominates
    and removes senior magistrates and examines their performance. Other
    systemic weaknesses in the justice system included the removability of
    judges, corruption of magistrates, outdated legal codes, an
    insufficient number of courts, and excessive legal costs.
        Military courts try cases only involving military personnel and
    provide rights equivalent to those in civil criminal courts. They hold
    public trials and publish verdicts in the local press. Traditional
    courts in rural areas were abolished in 1984 and no longer have legal
    standing.

        Trial Procedures.--Trials are public, but juries are not used.
    Defendants are presumed innocent and have the right to legal
    representation and consultation. Defendants have the right to be
    present at their trials, to be informed promptly of charges against
    them, to provide their own evidence, and to have access to government-
    held evidence. Defendants can challenge and present witnesses and have
    the right of appeal. If indigent, they have the right to a lawyer
    provided by the state. However, these rights were not generally
    respected, due in part to popular ignorance of the law and a continuing
    shortage of magistrates. There were serious court backlogs.
        Formal law provides women with equal property and inheritance
    rights. In practice, however, many Burkinabe held widespread
    traditional views that do not recognize women's inheritance rights and
    regard women as property. In general in rural areas, for example, a
    wife's land is viewed as belonging to the family of her deceased
    husband.

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

        Civil Judicial Procedures and Remedies.--There is an independent
    judiciary in civil matters; however, due to the corruption and
    inefficiency of the judiciary, citizens sometimes preferred to rely on
    the ombudsman (see section 5) to settle disputes with the Government.
    The law provides for access to a court to bring lawsuits seeking
    damages for, or cessation of, a human rights violation, and both
    administrative and judicial remedies were available for alleged wrongs.
    Several such court orders were issued during the year. There were
    problems enforcing court orders in sensitive cases involving national
    security, wealthy or influential persons, and government officials.

        f. Arbitrary Interference With Privacy, Family, Home, or
    Correspondence.--The constitution and law prohibit such actions, and
    the Government generally respects these prohibitions. In cases of
    national security, the law permits surveillance, searches, and
    monitoring of telephones and private correspondence without a warrant.
    However, under normal circumstances, the law requires that the justice
    minister issue a warrant before homes may be searched.
    Section 2. Respect for Civil Liberties, Including:

        a. Freedom of Speech and Press.--The constitution and law provide
    for freedom of speech and of the press, and the Government generally
    respected these rights in practice.
        Individuals could criticize the Government publicly or privately
    without reprisal. During the year the Government did not attempt to
    impede criticism.
        The official media, including the daily newspaper Sidwaya and the
    Government-controlled radio and television stations, displayed a
    progovernment bias, but allowed significant participation in their
    programming from those representing opposition views. There were
    numerous independent newspapers, satirical weeklies, and radio and
    television stations, some of which were highly critical of the
    Government. Foreign radio stations broadcasted without government
    interference.
        All media are under the administrative and technical supervision of
    the Ministry of Culture, Tourism, and Communications, and the spokesman
    of the Government, which is responsible for developing and implementing
    government policy and projects concerning information and
    communication. The Superior Council of Communication (SCC), a
    semiautonomous body under the Office of the President, also regulates
    the media by overseeing the content of radio and television programs
    and newspapers to ensure they adhere to professional ethics standards
    and government policy on information and communication. The SCC ensured
    equal access to the media for all November presidential candidates. The
    SCC may summon a journalist to attend a hearing about his work,
    followed by a warning that it would not tolerate a repeat of
    ``noncompliant behavior.'' Hearings may concern alleged libel,
    disturbing the peace, or violations of state security. Approximately
    five journalists received such summonses 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.
    However, poverty and the high rate of illiteracy limited public access
    to the Internet. According to International Telecommunication Union
    statistics for 2008, less than 1 percent of the country's inhabitants
    used the Internet.

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

        b. Freedom of Peaceful Assembly and Association.--Freedom of
    Assembly.--The constitution and law provide for freedom of assembly;
    however, the Government did not always respect this right.
        The Government did not make public information on any action taken
    against security forces responsible for injuring and killing
    demonstrators during demonstrations organized by the political
    opposition in 2008 against high fuel and food prices.
        Political parties and labor unions may hold meetings and rallies
    without government permission; however, advance notification is
    required for demonstrations on the streets that might impact traffic or
    threaten public peace. Penalties for violation of the advance-
    notification requirement include two to five years' imprisonment.
    Denials or imposed modifications of a proposed march route or schedule
    may be appealed to the courts. Government agents sometimes infiltrated
    political meetings and rallies.
        On July 1, violent demonstrations erupted in the city of Gaoua to
    protest the June 30 death of Da Arnaud Some (see section 1.c.). Angry
    demonstrators burned a police station and looted property. The MBDHP
    reported that in response, security forces, including police,
    gendarmerie, and army personnel, were deployed across the city. They
    used teargas and shotguns to disperse the mob. According to the MBDHP,
    security forces accidentally shot and killed 17-year-old Boureima Sie
    Kambou as they were trying to restore order. They also shot Etienne Da
    in the stomach. He later succumbed to his injuries in a Bobo-Dioulasso
    hospital. The Government responded by reassigning implicated police
    officers, but there had been no trial by year's end (see section 1.a.).

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

        c. Freedom of Religion.--For a description of religious freedom,
    please see the 2010 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
    to provide protection and assistance to internally displaced persons,
    refugees, returning refugees, asylum seekers, stateless persons, and
    other persons of concern.
        The Government, in accordance with Economic Community of West
    Africa guidelines, required travel documents, such as identification
    cards, for regional travel.
        The law prohibits forced exile, and there were no reports that the
    Government used it during the year.

        Protection of Refugees.--In practice the Government provided
    protection against the expulsion or return of refugees to countries
    where their lives or freedom would be threatened on account of their
    race, religion, nationality, membership in a particular social group,
    or political opinion. The Government granted refugee or asylum status
    and also provided temporary protection to individuals who may not
    qualify as refugees under the 1951 Refugee Convention or its 1967
    Protocol. Under law, refugees have equal access to employment, basic
    services, education, police, and court services. There were no reports
    that refugees were denied these rights during the year.
    Section 3. Respect for Political Rights: The Right of Citizens to
            Change Their Government
        The constitution provides citizens with the right to change their
    government peacefully through multiparty elections; however, the ruling
    party's control of official resources and dominance in government
    severely disadvantaged the opposition from mounting a credible
    challenge.

        Elections and Political Participation.--In November President
    Blaise Compaore won reelection with more than 80 percent of the vote.
    Opposition candidate Hama Arba Diallo, the runner-up, received 7.96
    percent. Despite some irregularities, international observers
    considered the election to have been free and transparent despite the
    resource advantage held by the president.
        Political parties operated freely. Individuals and parties may
    freely declare their candidacies and stand for election in presidential
    elections; however, individuals must be members of a political party to
    run in legislative or municipal elections.
        In the 2007 legislative elections, the ruling CDP won 73 seats in
    the 111-seat National Assembly. Of the 38 non-CDP deputies, 25 belonged
    to parties allied with the Government. Election observers declared the
    elections free and orderly, except in four cities where they noted
    irregularities, including several cases of fraud involving voter
    identification cards. Opposition leaders denounced the elections.
        CDP membership conferred advantages, particularly for businessmen
    and traders seeking ostensibly open government contracts.
        There were 13 women in the National Assembly and seven women in the
    34-member cabinet. One of the four higher courts was led by a woman,
    the national ombudsman was a woman, 18 elected mayors were women, and
    an estimated 40 to 45 percent of new communal councilors were women.
        There were 17 minority members in the cabinet and 61 in the
    National Assembly.
    Section 4. Official Corruption and Government Transparency
        The law provides criminal penalties for official corruption;
    however, the Government did not implement the law effectively, and
    officials engaged in corrupt practices with impunity. Local NGOs
    denounced what they called the overwhelming corruption of senior civil
    servants. They reported that corruption was especially acute in the
    customs service, gendarmerie, taxing agencies, national police,
    municipal police, public health service, municipalities, the education
    sector, government procurement, and the Justice Ministry. In recent
    years, despite numerous instances of high-level corruption, no senior
    government officials were prosecuted for corruption.
        Corruption was widespread, particularly among lower levels of the
    police and gendarmerie. The 2008 report by the NGO National Network to
    Fight against Corruption stated that the police and gendarmerie were
    among the most corrupt institutions in the country. Corruption and
    official impunity were also a problem in the military. The gendarmerie
    is responsible for investigating abuse by police and gendarmes, but the
    results of their investigations were not always made public. The
    military court held a number of trials in which civilians pressed
    charges against military personnel. These trials were public, and
    verdicts were reported in the press. The Government took no known
    judicial action against representatives of security forces accused by
    human rights groups of being responsible for abuses and took
    disciplinary action in only a handful of cases.
        Some public officials are subject to financial disclosure laws, but
    those laws were not effectively enforced.
        No laws provide for public access to government information. While
    government ministries released some nonsensitive documents, local
    journalists complained that ministries generally were unresponsive to
    requests for information, ostensibly for reasons of national security
    and confidentiality. They also criticized government spokespersons for
    strictly limiting the scope of questions that can be raised during
    official press conferences. There is no procedure to appeal denials of
    requests for information.
    Section 5. Governmental Attitude Regarding International and
            Nongovernmental Investigation of Alleged Violations of Human
            Rights
        A variety of domestic and international human rights groups
    operated without government restriction, investigating and publishing
    their findings on human rights cases. Government officials were mostly
    cooperative and responsive to their views.
        The Government permitted international human rights groups to visit
    and operate in the country; the International Red Cross visited during
    the year.
        The Ministry of Human Rights is responsible for the protection and
    promotion of human rights and coordinates relevant efforts of other
    ministries. The minister of human rights reports to the prime minister.
    During the year the ministry conducted education campaigns and produced
    human rights pamphlets for security forces.
        The ombudsman is appointed by the president for a nonrenewable
    five-year term and cannot be removed during the term. The public
    generally trusted the ombudsman's impartiality. In accordance with the
    law, the ombudsman presented its 2009 report to the president on
    November 25. During its 15 years of existence (1994-2010), the
    institution investigated 3,698 complaints related to conflicts between
    Burkinabe and non-Burkinabe nationals living in Burkina Faso and
    complaints involving government services. Approximately 3,500 cases,
    including 936 in 2009, were resolved.
        The Governmental National Commission on Human Rights serves as a
    permanent framework for dialogue on human rights concerns and included
    representatives of human rights NGOs, unions, professional
    associations, and the Government. The MBDHP did not participate on the
    commission and continued to charge that the commission was subject to
    government influence. The commission, which has never issued any
    reports, was inadequately funded.
    Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
        The constitution and law prohibit discrimination based on race,
    gender, disability, language, or social status; however, the Government
    did not effectively enforce these prohibitions. Discrimination against
    women and persons with disabilities remained problems.

        Women.--Rape is a crime. Although there were prosecutions during
    the reporting period; no official statistics were available on the
    number of rapes during the year. Article 417 of the Penal Code punishes
    rape with five to 10 years' imprisonment. Human rights associations
    reported that rape occurs frequently. There is no explicit mention of
    spousal rape in the law, and there have been no recent court cases. A
    number of organizations counseled rape victims, including Roman
    Catholic and Protestant missions, the Association of Women Jurists in
    Burkina, the MBDHP, the Association of Women, and Promofemmes (a
    regional network that works to combat violence against women). Once
    rape is reported, the police investigate the accusation and bring the
    case to court if the evidence warrants.
        Domestic violence against women, especially wife beating, occurs
    frequently, primarily in rural areas. No law specifically protects
    women from domestic violence, and cases of wife beating usually were
    handled out of court. There were no available statistics on how many
    persons were prosecuted, convicted, or punished for domestic violence
    during the year. It is believed that such legal actions were
    infrequent, because women were ashamed, afraid, or otherwise reluctant
    to take their spouses to court. Cases that involve severe injury were
    usually handled through the legal system.
        The Ministry for Promotion of Women, the Ministry for Social Action
    and National Solidarity, and several NGOs cooperated to protect women's
    rights. The legal section in the Ministry for the Promotion of Women
    has a legal affairs section that informs women of their rights and
    encourages them to defend those rights. It organized a number of
    workshops and led several sensitization campaigns to inform women of
    their rights. Although the fight to achieve effective rights for women
    is a longstanding process, increasing numbers of women, primarily in
    urban areas, voiced their demand for equal rights. The numbers of women
    occupying decision-making positions has increased, with many active in
    politics. There were no hotlines; however, NGOs operated shelters in
    Ouagadougou during the year. The Government provided counseling
    representatives at each of the 13 regional ``Maison de la Femme''
    structures.
        On occasion, childless elderly women with no support, primarily in
    rural areas and often widowed, were accused of witchcraft, banned from
    their villages, and often accused of eating the soul of a relative or a
    child who had died. These women sought refuge at centers run by
    governmental or charitable organizations in larger cities.
        The Ministry of Social Action and National Solidarity has recorded
    a total of 718 women accused of being witches and who had fled their
    villages. During the year 18 women fled their villages and were rescued
    by NGOs.
        The Roman Catholic-operated center Delwende housed approximately
    350 persons (including six men) during the year, including the 18 women
    accused of witchcraft. The Government and traditional authorities
    worked together to help citizens understand the error of both
    witchcraft claims, and the abuse of those accused of being witches. In
    particular the Ministry of Social Action and National Solidarity
    initiated specific sensitization programs with villages and assisted
    with mediation efforts between suspected witches and village notables.
        The labor code explicitly prohibits sexual harassment in the
    workplace, but such harassment was common and considered by many as
    culturally acceptable. The law prescribes fines of 50,000 to 600,000
    CFA francs ($101 to $1,213) and prison terms varying from one month to
    five years for persons convicted of workplace harassment. There were no
    available statistics on how many persons were prosecuted, convicted, or
    punished for the offense during the year.
        Couples and individuals are legally entitled to decide freely and
    responsibly the number, spacing, and timing of their children. They
    have the right to access reproductive and family planning information
    and may do so without facing discrimination, coercion, or violence. In
    practice, however, a lack of access to information and medical care
    constrained these rights, especially in remote areas. Cultural norms,
    especially in rural areas that tend to have a less educated population,
    also limited the availability and use of these resources. Reproductive
    rights were usually respected and available in urban areas and among
    more educated populations. According to the UN Population Fund (UNFPA),
    contraceptive use among married women ages 15-49 for modern methods was
    approximately 17 percent. However, women often were subject to their
    husbands' decision regarding birth control. In 2008 the UNFPA estimated
    that the maternal mortality rate was 580 deaths per 100,000 live
    births. A woman's lifetime risk of maternal death was one in 28, and
    only 31 percent of births were attended by skilled personnel, according
    to the Population Reference Bureau.
        Both government and private health centers were open to all women
    for reproductive health services, including contraception, skilled
    medical assistance during childbirth (essential obstetric and
    postpartum care), and diagnosis and treatment of sexually transmitted
    diseases, including HIV. However, remote villages often lacked these
    facilities or did not have adequate road infrastructure to permit easy
    access. To obtain specific treatment or deliver under medical
    supervision, women in rural areas sometimes had to travel to the
    closest large city for access to adequate health centers.
        Women continued to occupy a subordinate position in society and
    often experienced discrimination in education, jobs, property
    ownership, access to credit, management or ownership of a business, and
    family rights. Polygyny is permitted, but both parties have to agree to
    it prior to a marriage. A wife may oppose further marriages by her
    husband if she provides evidence that he has abandoned her and her
    children. Both spouses may petition for divorce, and the law provides
    that custody of a child may be granted to either parent, based on the
    child's best interests. In practice, however, the mother retained
    custody until the child reached the age of seven, at which time custody
    reverted to the father.
        Since 2007 women have been permitted to serve in the military as
    officers and noncommissioned officers, and have deployed on foreign
    peacekeeping missions. Women represented approximately 45 percent of
    the general workforce and were primarily concentrated in lower-paying
    positions. Although the law provides equal property rights for women
    and, depending on other family relationships, inheritance benefits,
    traditional law often denied women the right to own property,
    particularly real estate. For example, in rural areas, land owned by a
    woman becomes the property of the family of her husband after marriage.
    Many citizens, particularly in rural areas, clung to traditional
    beliefs that did not recognize inheritance rights for women and
    regarded a woman as property that could be inherited upon her husband's
    death.
        The Government continued media campaigns to change attitudes toward
    women, but progress was slow. The Ministry for Women's Promotion is
    responsible for promoting women's rights, and the minister was a woman.
    During the year the Government established community banks to promote
    economic development of grassroots organizations, including women's
    groups. The banks provided micro loans to fund cereal mills, shea
    butter production, market gardening, animal fattening, and other small
    businesses. The Government sponsored a number of community outreach
    efforts and sensitization campaigns to promote women's rights.

        Children.--Citizenship is derived either by birth within the
    country's territory or by blood. Not all births are registered
    immediately, particularly in rural areas where administrative
    structures are insufficient and rural parents do not know they are
    required. Such lack of registration sometimes resulted in denial of
    public services. To address the problem, the Government periodically
    organized registration drives and issued belated birth certificates.
        The law calls for compulsory, free, and universal education until
    the age of 16. The Government paid tuition, books, and supplies for all
    students under 16 years of age, although uniforms were the
    responsibility of the student's family. Children over 16 years of age
    were responsible for paying all education costs, unless they qualified
    for tuition assistance from merit- and need-based programs. The overall
    school enrollment was approximately 78 percent for boys and 71 percent
    for girls.
        The law prohibits the abuse of children under 15 and provides for
    the punishment of abusers. The penal code mandates a one- to three-year
    prison sentence and fines ranging from 300,000 to 900,000 CFA francs
    ($606 to $1,820) for inhumane treatment or mistreatment of children;
    however, light corporal punishment was tolerated and widely practiced
    in society, although the Government conducted seminars and education
    campaigns against child abuse.
        Female genital mutilation (FGM) was practiced, especially in rural
    areas, despite being illegal, and usually was performed at an early
    age. According to a 2006 report by the National Committee for the Fight
    Against Excision (CNLPE), up to 81 percent of women age 25 and older,
    and approximately 34 percent of girls and women under 25, had undergone
    FGM. Although there has been no recent study on FGM, the CNLPE believed
    that the practice has decreased significantly. Perpetrators are subject
    to a significant fine and imprisonment of six months to three years, or
    up to 10 years, if the victim dies. During the year, security forces
    and social workers from the Ministry of Social Action arrested several
    FGM practitioners and their accomplices. In accordance with the law,
    they were sentenced to prison terms.
        As part of the Government's campaign against FGM in West Africa,
    the first ladies of Burkina Faso and Niger presided over a 2008 meeting
    on FGM in Ouagadougou. Noting that girls were sometimes taken across
    national borders to countries where excision is legal or law
    enforcement was weak, participants called on governments to coordinate
    and enforce national laws against FGM. There were no reports of
    increased enforcement efforts resulting from this meeting. The
    Government, through the Regional Committees to Combat Excision,
    continued to work with local populations to address FGM. These regional
    committees (presided over by government-appointed high commissioners)
    brought together representatives of the Ministries of Social Action,
    Basic Education, Secondary and Superior Education, Women's Rights,
    Justice, Health, the police and gendarmerie, and local and religious
    leaders; they actively campaigned against the practice.
        Several NGOs stated that child marriage was a problem, primarily in
    rural areas. A 2008 study conducted by the UN Children's Fund (UNICEF)
    and the Government concluded that 23.5 percent of girls and women 15-19
    years old were already married or living with a partner, with 30.9
    percent residing in rural areas and 9.5 percent in urban areas. On the
    other hand, 59.6 percent of girls and women were married at the legal
    age for marriage of 17 or older. The law prohibits forced marriage and
    prescribes penalties of six months to two years in prison for
    violation. The prison term may be increased to three years, if the
    victim is less than 13 years of age; however, there were no reports
    during the year of prosecutions of violators. The Government
    collaborated with the Government of Cote d'Ivoire to search for and
    repatriate a child taken across the border to be married forcibly. In
    addition the Government worked with the UNICEF and the UNFPA to carry
    out a project called, ``Putting a stop to early marriages in Burkina
    Faso.'' Five regions with high early-marriage rates were targeted for
    the pilot phase of the project.
        There were no statistics on child prostitution; however, government
    services and human rights associations believed it was a problem.
    Children from poor families relied on prostitution to meet their daily
    needs and, at times, to help their needy parents. Trafficked children,
    primarily Nigerian nationals, were also subject to sexual abuse and
    forced prostitution.
        The law prohibits the worst forms of child labor, including the
    commercial sexual exploitation of children, child pornography, and jobs
    that harm their health. The 2008 antitrafficking legislation provides
    for penalties of up to 10 years for violators and increases maximum
    prison terms from five to 10 years. The law also allows terms as high
    as 20 years to life imprisonment under certain conditions. The
    Government worked with local NGOs to monitor the opening of new gold
    mines to ensure no children were illegally employed there.There were
    numerous street children, primarily in Ouagadougou and Bobo-Dioulasso.
    Many children ended up on the streets after traveling from rural areas
    to find employment in the city or after their parents sent them to the
    city to study with a unregistered Qur'anic teacher or to live with
    relatives and go to school. Several NGOs assisted street children. Two
    directorates within the Ministry of Social Action also ran educational
    programs, including vocational training, for street children; funded
    income-generating activities; and assisted in the reintegration and
    rehabilitation of street children. Nevertheless, the number of street
    children far outstripped the capacity of these institutions.
        The law prohibits female infanticide, and there were no reports of
    such cases. Newspapers reported cases of abandonment of newborn babies
    following unwanted pregnancies.The country is a party to the 1980 Hague
    Convention on the Civil Aspects of International Child Abduction. For
    information on international child abduction, please see the Department
    of State's annual report on compliance at http://travel.state.gov/
    abduction/resources/congressreport/congressreport--4308.htm as well as
    country-specific information at http://travel.state.gov/abduction/
    country/country--3781.html.

        Anti-Semitism.--There were no reports of anti-Semitic acts. There
    was no known Jewish community in the country.

        Trafficking in Persons.--For information on trafficking in persons,
    please see the Department of State's annual Trafficking in Persons
    Report at www.state.gov/g/tip.

        Persons With Disabilities.--The law prohibits discrimination
    against persons with physical or mental disabilities in employment,
    education, access to health care, the provision of other state
    services, or other areas; however, the Government did not effectively
    enforce these provisions. There was no government mandate or
    legislation concerning access to buildings, information, or
    communication for persons with disabilities. Advocates reported that
    persons with disabilities often faced societal and economic
    discrimination. Such persons who were able to work found it difficult
    to find employment, including in government service, because of deeply
    entrenched societal attitudes that persons with disabilities should be
    under the care of their families and not in the workforce.
        Programs to aid persons with disabilities were limited. In 2009 and
    during the year, the National Committee for the Reintegration of
    Persons with Disabilities conducted sensitizing campaigns and
    implemented reintegration programs and capacity-building programs to
    manage income-generating activities better. High commissioners,
    teachers and NGOs worked together to inform citizens about the rights
    of persons with disabilities, specifically the rights of children with
    disabilities. A number of NGOs schooled and provided vocational
    training to children with disabilities.

        National/Racial/Ethnic Minorities.--In past years there have been
    incidents of conflict over trampled fields involving cattle farmers of
    the Fulani ethnic group and farmers of other ethnic groups. Such
    incidents were fueled by the scarcity of grazing lands and Fulani
    herders allowing their cattle to graze on farming lands of the other
    groups, making them territorial disputes more than ethnic conflicts
    (see section 1.d., Role of the Police and Security Apparatus).

        Societal Abuses, Discrimination, and Acts of Violence Based on
    Sexual Orientation and Gender Identity.--The law does not discriminate
    on the basis of sexual orientation in employment and occupation,
    housing, statelessness, or access to education or health care. However,
    societal discrimination based on sexual orientation and gender identity
    remained a problem. Religious and traditional beliefs do not tolerate
    homosexual conduct, and lesbian, gay, bisexual, and transgender (LGBT)
    persons were reportedly occasional victims of verbal and physical
    abuse. There were no reports that the Government responded to societal
    violence and discrimination against such persons.
        LGBT organizations had no legal presence in the country but existed
    unofficially. There were no reports of government or societal violence
    against such organizations.

        Other Societal Violence or Discrimination.--Societal discrimination
    against persons with HIV/AIDS was a problem. During the year
    approximately 130,000 persons tested HIV-positive in the country, 1.8
    percent of the population. Persons who tested positive were sometimes
    shunned by their families, and HIV-positive wives were sometimes
    evicted from their homes. Some landlords refused to rent lodgings to
    persons with HIV/AIDS. However, persons with HIV/AIDS were generally
    not discriminated against in employment practices or the workplace.
    Section 7. Worker Rights

        a. The Right of Association.--The law allows workers to form and
    join independent unions of their choice without previous authorization
    or excessive requirements; however, ``essential'' workers such as
    police, army, and other security personnel may not join unions.
    Approximately 86 percent of the workforce was engaged in subsistence
    agriculture and did not belong to unions. Of the remainder, an
    estimated 25 percent of private sector employees and 60 percent of
    public sector workers were union members. The law provides unions the
    right to conduct their activities without interference, and the
    Government respected this right.
        The law provides for the right to strike; however, the law provides
    a very narrow definition of this right. For strikes that call on
    workers to stay home and that do not entail participation in a rally,
    the union is required to send an advance notice (eight to 15 days) to
    the Government. If unions call for a march, then the Government
    requires the same request and that a notice also is submitted to the
    city mayor. March organizers are held accountable for any damage or
    property destruction that occurs during the demonstration. Magistrates,
    police, military personnel, and gendarmes do not have the right to
    strike.
        There were no reports of strikebreaking during the year.

        b. The Right to Organize and Bargain Collectively.--Unions have the
    right to bargain directly with employers and industry associations for
    wages and other benefits. There was extensive collective bargaining in
    the formal wage sector; however, this sector included only a small
    percentage of workers.
        There were no reports of government restrictions on collective
    bargaining during the year.
        The 2008 collective bargaining agreement included private sector
    and civil service workers who participated in negotiations with
    employers; the agreement that was reached addressed their concerns,
    including better working conditions and higher salaries.
        There were no reports of antiunion discrimination during the year.
        There are no export processing zones.

        c. Prohibition of Forced or Compulsory Labor.--The law prohibits
    forced or compulsory labor, including by children; however, there were
    reports that such practices occurred. Forced child labor is found in
    the country's agricultural (particularly cotton), informal trade,
    domestic servitude, and animal husbandry sectors as well as in gold
    panning sites and stone quarries.
        Also see the Department of State's annual Trafficking in Persons
    Report at www.state.gov/g/tip.

        d. Prohibition of Child Labor and Minimum Age for Employment.--The
    law sets the minimum age for employment at 16 and prohibits children
    under 18 years of age from working at night except in times of
    emergency; however, child labor was a problem, and children worked in
    the informal, agricultural (particularly cotton), and mining sectors
    outside their own families for little or no pay.
        The minimum age for employment was consistent with the age for
    completing educational requirements, which generally was 16 years. In
    the domestic and agricultural sectors, the law permits children under
    the age of 15 to perform limited activities for up to four and one-half
    hours per day; however, many children under the age of 15 worked longer
    hours. A 2006 study conducted by the country's National Institute of
    Demography and Statistics and the International Labor Organization-
    funded Program for the Elimination of Child Labor estimated that 41
    percent of children worked, largely as domestic servants or under harsh
    conditions in the agricultural or mining sectors. Children commonly
    worked with their parents in rural areas or in family-owned small
    businesses in villages and cities. There were no reports of children
    under age 15 employed in either state-owned or large private companies.
        The Ministry of Labor and Social Security, which oversees labor
    standards, lacked the financial and transportation means as well as a
    sufficient number of inspectors to enforce worker safety and minimum
    age legislation adequately.
        Punishment for violating child labor laws included prison terms of
    up to five years and fines of up to 600,000 CFA francs ($1,213);
    however, the Government did not adequately enforce this law, and there
    were no confirmed statistics regarding the number of convictions during
    the year.
        The Government organized workshops during the year, and in
    cooperation with donors, undertook sensitization programs to inform
    children, parents, and employers of the dangers of exploitative child
    labor and sending children away from home to work.

        e. Acceptable Conditions of Work.--The law mandates a minimum
    monthly wage of 30,684 CFA francs ($62) in the formal sector; the
    minimum wage does not apply to subsistence agriculture or other
    informal occupations. The minimum wage did not provide a decent
    standard of living for a worker and family. Employers often paid less
    than the minimum wage. Wage earners usually supplemented their income
    through reliance on the extended family, subsistence agriculture, or
    trading in the informal sector. The Ministry of Labor and Social
    Security was responsible for enforcing the minimum wage.
        The law mandates a standard workweek of 40 hours for nondomestic
    workers and a 60-hour workweek for household workers, and it provides
    for overtime pay. There are also regulations pertaining to rest
    periods, limits on hours worked, and prohibition of excessive
    compulsory overtime, but these standards were not effectively enforced.
        Government inspectors under the Ministry of Labor and Social
    Security and the labor tribunals are responsible for overseeing
    occupational health and safety standards in the small industrial and
    commercial sectors, but these standards do not apply in subsistence
    agriculture and other informal sectors. The Government's Labor
    Inspector Corps did not have sufficient resources, including sufficient
    numbers of inspectors and offices and financial and transportation
    means, to fulfill its duties adequately. There were no reports of
    effective enforcement of inspection findings during the year. Every
    company with 10 or more employees is required to have a work safety
    committee. If the Government's Labor Inspection Office declares a
    workplace unsafe for any reason, workers have the right to remove
    themselves without jeopardizing continued employment. There were
    indications that this right was respected, although such declarations
    by the Labor Inspection Office were rare.

                                   __________

                                    BURUNDI

        Burundi is a constitutional republic with an elected government and
    a population of 8.6 million. From May to September, the country held
    elections for all public offices, including the first direct
    presidential elections since 1993. Following the May 25 Communal
    Council elections, which the international community characterized as
    generally free and fair, a coalition of 12 opposition parties alleged
    massive fraud and called for the annulment of the results and new
    elections. When the parties' demands were not met, they withdrew their
    candidates from the subsequent presidential, legislative, and
    ``colline'' elections. President Pierre Nkurunziza, of the ruling
    National Council for the Defense of Democracy-Forces for the Defense of
    Democracy (CNDD-FDD) party, ran unopposed in the June presidential
    election and was reelected to a second term. International observers
    characterized the elections as generally free and fair, although there
    were reports of political violence leading up to and throughout the
    five-month election season. Security forces reported to civilian
    authorities. There were instances in which elements of the security
    forces acted independently of civilian control.
        Human rights abuses during the year included security force
    killings, torture, and mistreatment of civilians and detainees;
    official impunity; societal killings and vigilante justice; harsh,
    life-threatening prison and detention center conditions; prolonged
    pretrial detention and arbitrary arrest and detention; detention and
    imprisonment of political prisoners and political detainees; lack of
    judicial independence and efficiency; official corruption; restrictions
    on privacy and freedom of speech, assembly, and association; sexual
    violence and discrimination against women and children; discrimination
    against gays and lesbians and persons with albinism; and restrictions
    on 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.--Human rights
    organizations and the media reported numerous cases in which the
    Government or its agents committed arbitrary or unlawful killings,
    including extrajudicial killings, some of which appeared to be
    politically motivated. The UN Office of the High Commissioner for Human
    Rights (OHCHR) in the country reported 35 killings by security forces
    during the year, including 25 perpetrated by police, nine by the
    military (FDN), and one by the national intelligence agency (SNR). Of
    these, the OHCHR reported 11 cases of extrajudicial killings.
        Police officer Jackson Ndikuriyo was killed on August 26 while in
    the custody of Bubanza Province Police Commissioner Remegie Nzeyimana
    and four police officers. In December 2009 Ndikuriyo and seven police
    colleagues complained in a letter to Minister of Public Security Alain
    Guillaume Bunyoni that police were not receiving their housing
    allowances. On January 11, Ndikuriyo and Severin Misago, another of the
    complainants, were fired without explanation. When Ndikuriyo and Misago
    indicated that they planned to file a lawsuit, Ndikuriyo began
    receiving threats, including from Deputy Director General of Police
    Gervais Ndirakobuca. On August 26, police detained Ndikuriyo and Misago
    in Musigati Commune, Bubanza Province. Later that day Police
    Commissioner Nzeyimana picked up Ndikuriyo from Musigati police
    custody. En route between Musigati and Bubanza city, Ndikuriyo was
    killed. The police claimed that Ndikuriyo was shot by bandits during an
    ambush. The police acknowledged, however, that no bullets hit the
    vehicle or any of the police officers during the alleged attack. No
    arrests occurred by year's end. On September 27, Ndikuriyo's lawyer,
    Francois Nyamoya, was jailed (see section 2.a.).
        On September 7, while executing a search warrant for presumed
    bandits in Buganda Commune, Cibitoke Province, police arrested and
    summarily executed Japhet Bigirimana (alias Kadura), Boniface Mahungu,
    Nsabiyaremye (alias Zairois), and Niyonkuru. Members of the police,
    including local Police Chief Eugene Bizindavyi, took the four men in a
    pick-up truck ostensibly to find their arms caches and accomplices.
    Instead, at approximately 5:30 p.m. the four men were taken to a manioc
    field and killed. By year's end no suspects had been arrested.
        Also on September 7, soldiers shot and killed Fabien Mpfubusa, a
    member of the National Liberation Forces (FNL) party. Mpfubusa
    attempted to flee when the military encircled his home in the Kanyosha
    quarter, Bujumbura. Following the shooting the soldiers searched the
    house without providing a search warrant. They seized only medication.
    No investigation occurred by year's end.
        Although not numbered among the extrajudicial killings, the
    following murders appeared politically motivated:
        On January 10, a man armed with a Kalashnikov assault rifle shot
    and killed Sylvestre Niyonzima, a critic of the ruling CNDD-FDD party
    and the Bubanza Province financial manager for the Union for Peace and
    Development (UPD-Zigamibanga). Niyonzima, who had defected from the
    CNDD-FDD party and had just returned from opening a new UPD office, was
    shot eight times at close range. The killer departed without attempting
    to steal anything. Witnesses alleged that the killer was an ex-
    combatant from the CNDD-FDD's former armed wing. The killing occurred
    within five yards of a police station, but police did not respond to
    the shooting, and no arrests occurred by year's end.
        On July 14, the first court hearing took place in the April 2009
    political killing of Ernest Manirumva, vice president of the local
    nongovernmental organization (NGO) Observatory for the Struggle against
    Economic Corruption and Embezzlement (OLUCOME). During the preliminary
    hearing, the 11 men arrested in 2009 requested release on their own
    recognizance; the judges subsequently declared themselves unable to
    rule on the request because five other suspects, who remained at large,
    had not been properly summoned to appear before the court. At year's
    end the 11 remained in jail, and the five remained at large. Local and
    international human rights organizations and the international
    community called on General Prosecutor of the Republic Elysee Ndaye to
    expand the case to include all suspects and to pursue all possible
    leads, including high-level officials in the security forces who
    allegedly arranged and carried out Manirumva's killing.
        Beyond the political killings, security forces were responsible for
    other arbitrary killings during the year.
        On June 10, a policeman killed six persons in the Kirundo Province
    police camp. The following week the High Court sentenced him to life
    imprisonment. He remained in prison at year's end.
        During the year there were developments in the following 2009
    killings by security forces:
       On August 10, five policemen, including local police commander
            Nestor Niyukuri, were sentenced to life imprisonment for the
            May 2009 shooting of boy scouts in Kayagoro, Makamba Province,
            which resulted in the death of one scout and the injuring of
            three. The policemen remained in prison at year's end. The
            court acquitted the Kayagoro communal administrator on the
            grounds that he did not have the authority to order police to
            shoot. The prosecutor appealed the administrator's acquittal;
            the appeal was pending at year's end.
        The three policemen accused of beating to death a man in Kayanza
            Province in October 2009 were acquitted on August 9. According
            to witnesses and police, Kayanza Governor Senel Nduwimana
            ordered the beating because the victim would not give him land
            for free. Nduwimana remained the governor of Kayanza after the
            killing and in July assumed a seat in the National Assembly.
        During the year a soldier was found guilty and sentenced to life
            imprisonment for the 2008 killing of two persons with a grenade
            in Ruyigi Province.
        There were no developments in the 2008 killing of a civilian by a
    policeman in a bar in Ngozi Province; the policeman remained in prison,
    awaiting trial.
        There were no further developments in the 2008 killing by FNL
    rebels of the head of a family in Muhuta, Bujumbura Rural Province.
        Large quantities of arms circulated among the population, and
    general lawlessness prevailed in many areas, resulting in numerous
    deaths and injuries.
        Election-related violence resulted in numerous deaths (see section
    3).
        Numerous persons involved in personal disputes died as a result of
    grenade attacks. For example, on January 3, in Itaba, Gitega Province,
    a grenade attack resulted in the death of Come Matama and his one-year-
    old child; Matama's wife was seriously injured. According to the Itaba
    communal administrator, the killing resulted from a land dispute with
    the victim's brother. Three persons were detained by local police but
    later released for lack of evidence. No further arrests occurred.
        There were no developments in the following 2009 grenade attacks:
    the February grenade attack, reportedly due to a land dispute, that
    killed a man in Itaba, Gitega Province; and the September death of one
    person and serious injury of six others when a grenade was thrown into
    a cafe in Gihanga, Bubanza Province. No arrests were made in either
    case.
        The two suspects arrested for the December 2009 grenade attack in
    Bujumbura's central market, which killed two and seriously wounded 10,
    were released after they provided alibis. No other suspects were
    arrested.
        There were reports of killings usually perpetrated by unknown
    persons, of individuals accused of sorcery. For example:
        On May 3, a mob killed a man in Ruyigi Province; three suspects
            were arrested but later released for lack of evidence.
        On June 6, a mob with machetes killed a man in Cibitoke Province.
            By year's end no suspects had been arrested.
        On July 26, in Nyanza-Lac, Makamba Province, a mob beat to death
            Appollinaire Ngendabanka. By year's end no suspects had been
            arrested.
        There were no arrests in the following 2009 killings of individuals
    accused of sorcery: the March killing of a woman from Gisuru and a man
    from Butaganzwa, Ruyigi Province; the May killing of three elderly
    women in Gishingano, Bujumbura Rural Province; and the May death of a
    man burned by a mob in Rumonge, Bururi Province.
        There were no further developments in the 2008 sorcery-related
    death by mutilation of a 14-year-old girl in Muyinga Province.
        There was no further development in the 2008 burning and killing of
    four persons in Ruyigi Province; those arrested were still awaiting
    trial at year's end.
        Sporadic killings of persons with albinism, in which the victims'
    body parts were removed for use in witchcraft, continued.
        On May 2, in Cendajuru, Cankuzo Province, approximately 10 persons
    armed with guns, grenades, and machetes attacked the household of a
    Mr.Vyegura, who lived with his daughter and grandson, both of whom were
    persons with albinism. The attackers went directly to the daughter and
    grandson's room, shooting Vyegura when he tried to protect his family.
    The attackers then killed the daughter and grandson, dismembered their
    bodies, and took the body parts. On May 3, nine suspects--eight
    Burundians and one Tanzanian--were arrested in connection with the
    killings. Following their trial two of the nine received life
    sentences; the others received sentences of 12, 10, and three years'
    imprisonment. All nine appealed. They remained in prison at year's end.
        On September 30, five attackers raided the home of a widow in
    Nyamurenza, Ngozi Province, killed her eight-year-old son, and severed
    his hands and legs. At year's end one Burundian suspect was detained in
    the Ngozi prison and the investigation continued. Four Rwandan
    nationals remained at large; the country's authorities were working
    with their Rwandan counterparts on the case.
        During the night of December 30, four unidentified assailants armed
    with rifles and machetes attacked a family with three children with
    albinism in Gahweza colline in Kiganda, Muramvya Province. According to
    the local official, the bandits cut off the left arm of the family's
    12-year-old son, Ephraim Havyarimana, before they were forced to flee
    by the family's screams. Ephraim died before he could reach a hospital.
    No arrests were made by the end of the year.
        During the night of December 31, a five-month-old girl with
    albinism was kidnapped from her family in Vumwe colline in Kinyinya,
    Ruyigi Province. Police arrested the girl's father and two other
    individuals; they remained in detention at year's end. According to the
    authorities, the father had never accepted his paternity of the girl
    with albinism.
        Widespread public dissatisfaction with the security force's
    inability to control crime, or complicity in it, resulted in vigilante
    killings.
        For example, on April 30, when three thieves armed with rifles
    attempted to rob a house in Mwiruzi, Cankuzo Province, the local
    population intervened. They pursued the thieves, caught one, and beat
    him to death. No one was arrested for the killing.
        No arrests were made in the following 2009 cases of mob killings:
    the September stoning to death of two police officers suspected of
    theft by a mob in Muhindo, Ruyigi Province; and the September killing
    by a mob of a man caught stealing in the Cibitoke neighborhood of
    Bujumbura.

        b. Disappearance.--There were no confirmed reports of politically
    motivated disappearances.
        As of the end of the year, more than eight families requested that
    the domestic NGO Association for the Protection of Human Rights and
    Detained Persons (APRODH) help them locate relatives arrested by
    security forces during the year.

        c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
    Punishment.--The constitution and law prohibit such practices; however,
    UN human rights monitors, Amnesty International, and the APRODH
    reported that members of the police and the SNR tortured detainees
    during the year, the first reported cases of torture in two years. The
    UN Integrated Office in Burundi (BINUB) Human Rights and Justice
    Division (HR&J) reported that members of the police, SNR, and local
    administrations tortured 30 detainees during the year. Although the
    perpetrators were known in many cases, no action was taken against them
    by year's end.
        According to BINUB HR&J, police tortured 14 detainees, the SNR 13,
    and local administration officials two; police and local officials
    together tortured one individual. All 30 cases occurred between June
    and November. Methods included forcing a gun into victims' ears and
    noses; whipping, beating their heads, feet, and buttocks; digging mock
    graves; and threatening the victims with machetes. While this occurred,
    the perpetrators demanded that victims confess to planning to
    ``destabilize institutions'' or ``threaten state security.'' The OHCHR
    and international human rights organizations named the following
    individuals as perpetrators in some cases: SNR Internal Intelligence
    Director General Leonard Ngendakumana, Chief of Internal Security Jean
    Claude Sindayigaya, SNR Cabinet Chief Agricole Mwumba Ntirampeba,
    Western Region Police Commissioner David Nikiza, and Deputy Director
    General of the Police Gervais Ndirakobuca.
        A police commissioner accused of torturing a detainee in the
    Bubanza provincial jail in 2008 remained in his position without any
    administrative sanctions.
        In May the Muramvya Province High Court sentenced three policemen
    for the 2007 torture of more than 20 detainees in Rutegama. Desire
    Uwamahoro, Apollinaire Sindikubwayo, and Nestor Niyukuri received
    sentences of five, four, and three years of imprisonment, respectively,
    and fines of 10, six, and three million francs ($8,045, $4,827, and
    $2,413), respectively. Despite the sentences Uwamahoro and Sindikubwayo
    remained free and in the police force at year's end. Uwamahoro
    commanded the Second Quick Reaction Police Unit, an elite unit in
    Bujumbura that responds to urgent situations nationwide. Niyukuri was
    in prison, serving a life sentence for the May 2009 boy scout shooting
    (see section 1.a.). All three appealed their convictions in the
    Rutegama torture case.
        BINUB HR&J and domestic NGOs also reported that members of the
    security forces and local administration officials often manhandled and
    beat civilians and detainees. The HR&J Division documented 105 cases of
    mistreatment during the year.
        During the May to September election season, incidents of
    mistreatment increased particularly of detainees affiliated with
    political parties. The OHCHR reported 32 cases of such treatment
    between May and July, committed primarily by the SNR and police as well
    as one case perpetrated by FDN members. As of December there had been
    no arrests of perpetrators.
        No disciplinary action occurred in the following 2009 incidents:
    the January beating of an 80-year-old woman by the local police
    commander in Kamenge, Bujumbura; and the June beating of a female
    police officer by a male police officer in Kibenga, Bujumbura.
        The two policemen arrested in connection with knocking a pregnant
    woman off a bicycle taxi in Bujumbura in August 2009 were released and
    returned to duty.
        During the year it was reported that in September 2009 the Bururi
    High Court sentenced a policeman to 20 years' imprisonment for firing
    live ammunition into an unruly crowd in Bururi Province in 2007. He
    remained in prison at year's end.
        There were reports that security force members raped women and
    girls during the year. For example, according to the APRODH's
    statistics for June and September, police committed six cases of rape
    in June and four cases in September, and military personnel committed
    one case of rape in September.
        There were no further developments in the August 2009 rapes of two
    15-year-old girls in Mutimbuzi, Muramvya Province by two armed men in
    military uniforms.
        There were no further developments in the following rape cases
    involving security forces from 2008: the 36 victims recorded by the UN;
    a 16-year-old girl at a cantonment camp in Randa; a nine-year-old girl
    at a camp for displaced persons in Buhiga; and a woman in Busoni.
        Widespread public dissatisfaction with the security force's
    inability to control crime, or complicity in it, resulted in vigilante
    violence.
        For example, 41-year-old Albert Muyeberi was caught in the act of
    raping an eigthth-grade girl in Songa, Bururi Province in January. When
    local residents confronted Muyeberi, he admitted she was his fifth
    victim. Local elders prevented residents from lynching the man and
    burning him alive. After spending time in the hospital, Muyeberi was
    sent to pretrial detention in the Bururi prison. He remained in
    detention and awaiting trial at year's end.
        On February 18, residents of Kikuza, in Rumonge Commune, Bururi
    Province, severely beat a man suspected of raping a young local girl.
    According to media reports, when a local APRODH representative
    condemned the act, local residents responded that incidents of rape
    were increasing and that the perpetrators were never punished.

        Prison and Detention Center Conditions.--Prisons were overcrowded,
    and prison conditions remained harsh and sometimes life threatening.
    Physical abuse and prolonged stays in solitary confinement were
    problems. The director of prison administration in the Office of
    Penitentiary Affairs reported that as of December, 9,844 persons were
    held in 11 prisons built to accommodate a total of 4,050 inmates.
    According to government officials and human rights observers, prisoners
    suffered from digestive illnesses and malaria; some died as a result of
    disease. Families often had to supplement meager prisoner rations.
        Each prison had at least one qualified nurse and at least a weekly
    visit by a doctor; however, prisoners did not always receive prompt
    access to medical care. Serious cases were sent to local hospitals. The
    International Committee of the Red Cross (ICRC) was the sole provider
    of medicines.
        Conditions in detention centers and communal lockups were generally
    worse than in prisons. Torture and abuse occurred, the Government did
    not feed detainees in detention centers or communal lockups, and severe
    overcrowding was common. Proper sanitation and medical care were
    limited or nonexistent.
        As of December there were 345 women in prisons and 77 children
    under three-years-old, some of whom were born there. There were 257
    juveniles between 16 and 18 years old in pretrial detention and 115
    convicted juveniles. Most women detainees and prisoners were held in
    the same facilities as men; however, as of September a separate area
    for female inmates had been established in each prison. A small prison
    in Ngozi Province was reserved for women only. Juvenile prisoners were
    held in the same prisons as adults. Ten of the 11 prisons were
    rehabilitated during the year to accommodate juvenile prisoners in
    separate areas; however, adult prisoners were often allowed in those
    areas as well due to overcrowding. Juveniles were generally held
    together with adults in detention centers and communal lockups.
    Pretrial detainees were often held together with convicted prisoners,
    and political prisoners were often held with convicted criminals.
        There were unconfirmed allegations that the SNR maintained illegal
    detention centers across the country.
        Prisoners were permitted religious observance without
    discrimination toward any religions or practices. Prisoners were
    permitted to submit complaints to judicial authorities without
    censorship; however, authorities rarely investigated prisoner
    complaints. No ombudsmen served on behalf of prisoners and detainees.
        The Government monitored prison and detention center conditions.
        During the year the Government permitted all visits requested by
    international and local human rights monitors, including the ICRC;
    visits took place in accordance with the ICRC's standard modalities.
        In an effort to reduce prolonged pretrial detentions, on January
    25, the then minister of justice Ndikumana granted release on their own
    recognizance (``provisional liberty'') to certain categories of
    pretrial detainees: those who had spent 12 months or more in
    ``preventive detention'' for crimes with penalties no greater than five
    years in prison, pregnant or breastfeeding women, minors (less than 18
    years old), those diagnosed with advanced incurable diseases, and those
    whose cases were before the court but had not been heard for three or
    more years. Persons detained for crimes such as murder, armed robbery,
    attacking state security, and similar crimes were ineligible for
    provisional liberty.
        In an effort to reduce overcrowding in prisons, a March 24
    presidential decree commuted life sentences to 20 years and all others
    to half the sentence given by the court with some exceptions (see below
    section 1.d., Amnesty).
        To improve prison conditions, Penitentiary Affairs requested a
    budget increase from 3.068 billion francs ($2.47 million) to 3.884
    billion francs ($3.12 million). In December parliament approved
    3,436,734,950 francs ($2.76 million) for Penitentiary Affairs.

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

        Role of the Police and Security Apparatus.--The national police are
    responsible for internal security, but the FDN may assume such
    responsibilities in time of war. The police deal with criminal matters,
    and the FDN fulfills external security and counterinsurgency roles. In
    practice the FDN also detains suspects. The Ministry of National
    Defense and War Veterans oversees the FDN; the Ministry of Public
    Security oversees the national police. The SNR, which gathers
    intelligence on domestic and international issues and has the authority
    to arrest and interrogate suspects, reports directly to the president.
        Members of the security forces were poorly trained. Corruption,
    disregard for limits on detention, and mistreatment of prisoners and
    detainees remained problems. An internal affairs unit within the police
    force investigated only administrative violations committed by police
    and had no authority to discipline violators; punishment was rare.
    BINUB and NGOs provided human rights training to police. Impunity and
    lack of accountability for members of the security forces who committed
    human rights abuses remained problems.

        Arrest Procedures and Treatment While in Detention.--In most cases
    the law requires arrest warrants issued by presiding magistrates.
    Police can make arrests without a warrant but are required to notify
    their supervisor before doing so. The police have seven days to finish
    their investigation and to transfer the suspect to the magistrate. The
    police can request seven more days if additional investigation time is
    required. However, police rarely respected these provisions in practice
    and routinely violated the requirement that detainees be charged and
    appear before a magistrate within seven days of arrest. A magistrate
    can order the release of suspects or confirm the charges and continue
    detention, initially for 14 days, then for seven more days as necessary
    to prepare the case for trial. Magistrates ignored this requirement and
    often detained suspects for longer. Police are authorized to release
    suspects on bail, but this provision was rarely exercised. Suspects are
    permitted lawyers at their own expense in criminal cases, but the law
    does not require, and the Government did not provide, attorneys for
    indigents at government expense. The law prohibits incommunicado
    detention, but reportedly it sometimes occurred. Authorities on
    occasion denied family members prompt access to prisoners.
        Unlike in the previous year, security forces arbitrarily detained
    journalists (see section 2.a.) and political party members (see section
    3), sometimes for prolonged periods of time.
        Juvenal Rududura, the vice president of the Justice Ministry's
    administrative workers union, who was detained from September 2008 to
    July 2009, remained on ``provisional liberty'' (see section 7.b.).
        Prolonged pretrial detention remained a problem; detainees were
    often held beyond the statutory limit. According to the director of
    Prison Administration, 56.4 percent of inmates were pretrial detainees
    held without charge. Lengthy legal procedures, large case backlogs,
    judicial inefficiency, corruption, and financial constraints often
    caused trial delays.
        For example, the former director general of the state-owned tea
    company, Elysee Ntiranyibagira, was jailed in 2006 for embezzling
    public funds and fraudulent management. In 2007 the general prosecutor
    of the republic requested the Supreme Court schedule Ntiranyibagira's
    hearing. In December 2008 the case was heard and the judges entered
    into deliberation. Deliberation, which should last no more than 60 days
    according to the law, continued for 21 months until he was acquitted in
    October.
        The law provides that detainees in the country's 400 communal
    lockups be held no longer than two weeks; however, many such detainees
    were held for months, particularly in provinces without prisons, such
    as Cankuzo, Cibitoke, Karuzi, Kayanza, Kirundo, Makamba, and Mwaro.

        Amnesty.--On March 24, President Nkurunziza granted amnesty to
    prisoners sentenced for less than or equal to five years who also met
    one of the following conditions: pregnant or breastfeeding, diagnosed
    with an advanced stage incurable disease, 60 years or older at the date
    of the amnesty decree, or a minor (under 18 years old). The
    presidential decree excluded persons convicted for crimes such as rape,
    assassination, armed robbery, misappropriation of public funds,
    attacking state security, drug trafficking, and arson. It also excluded
    convictions for genocide, crimes against humanity, war crimes,
    voluntary homicide, sexual assault, and torture. By the end of July
    1,350 prisoners were released due to the amnesty.

        e. Denial of Fair Public Trial.--Although the constitution and law
    provide for an independent judiciary, the judiciary was not independent
    in practice and was inefficient and corrupt. Political interference
    compromised judicial impartiality, and there were problems with
    enforcement of court orders.
        For example, in July a court in Kinama, Bujumbura, ruled that eight
    members of the UPD and FNL opposition parties detained during election
    disputes on June 28 and 29 should be released. However, the prosecutor
    and the Mpimba Prison director refused to follow the court's ruling,
    and the eight remained in jail until December, when they were released
    among a group of 20 political prisoners. The charges against them were
    dropped.
        The law provides for an independent military judicial system, which
    in practice was influenced by the executive and higher-ranking military
    officers. Military courts have jurisdiction over military offenders and
    over civilians accused of offenses implicating members of the military.
    Military courts provide the same rights as criminal courts.
        The Government officially recognizes the traditional system of
    community arbitration known as ``abashingantahe,'' which functions
    under the guidance of community members recognized for their conflict
    resolution skills. A ``mushingantahe,'' or community mediator, presides
    over deliberations, and no lawyers are involved. The abashingantahe
    system was limited to civil and minor criminal matters.

        Trial Procedures.--All trials are publicly conducted by panels of
    judges. In theory defendants are presumed innocent and have a right to
    counsel, but not at the Government's expense, even in cases involving
    serious criminal charges. Defendants have a right to defend themselves,
    including to question the prosecution's witnesses, call their own
    witnesses, and examine evidence against them. Defendants can also
    present evidence on their own behalf and did so in the majority of
    cases. Few defendants had legal representation because few could afford
    the services of one of the 131 registered lawyers in the country. Some
    local and international NGOs provided juridical assistance but could
    not assist in all cases. The law extends the above rights to all
    citizens.
        All defendants, except those in military courts, have the right to
    appeal their cases to the Supreme Court. In practice the inefficiency
    of the court system extended the appeals process for long periods, in
    many cases for more than a year. This effectively limited the
    possibility of appeals, even by defendants accused of the most serious
    crimes.
        Procedures for civilian and military courts are similar, but
    military courts typically reached decisions more quickly. Military
    trials, like civilian trials, generally failed to meet internationally
    accepted standards of fairness. The Government does not provide
    military defendants with attorneys to assist in their defense, although
    NGOs provided some defendants with attorneys in cases involving serious
    charges. Military trials generally are open to the public but can be
    closed for compelling reasons, including for national security or when
    publicity can harm the victim or a third party, such as in cases
    involving rape or child abuse. Defendants in military courts are
    allowed only one appeal.

        Political Prisoners and Detainees.--The incarceration of political
    prisoners and detainees remained a problem. According to human rights
    observers, the number of political prisoners and detainees increased
    compared with the previous year, but specific numbers varied. BINUB
    HR&J reported 375 politically motivated arrests during the year, of
    which 202 individuals remained in detention at year's end. On December
    30, the spokesperson of the political opposition coalition Alliance des
    Democrates pour le Changement-Ikibiri (ADC-Ikibiri) welcomed the
    release near the end of the year of 20 opposition party members but
    deplored the continued detention of an estimated 200 others. As of
    December 31, the APRODH reported 156 political prisoners and detainees.
        The Government generally afforded international organizations and
    local human rights NGOs access to political prisoners.

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

        f. Arbitrary Interference With Privacy, Family, Home, or
    Correspondence.--The constitution and law provide for the right to
    privacy, but the Government did not always respect this right in
    practice. Authorities did not always respect the law requiring search
    warrants.
        Warrants for searches of opposition figures' homes and opposition
    parties' offices appeared politically motivated (see section 3). Human
    rights observers were concerned that the Bujumbura prosecutor general
    issued politically motivated warrants during the year.
        Sources in the media and civil society believed that security
    forces monitored telephone calls.
        CNDD-FDD party membership was needed in some cases to obtain or
    retain employment, housing, education, and access to health services
    (see sections 2.b. and 3).
    Section 2. Respect for Civil Liberties, Including:

        a. Freedom of Speech and Press.--The constitution and law provide
    for freedom of speech and of the press; however, the Government
    generally did not respect these rights in practice.
        The Government did not tolerate public criticism in the media or at
    public gatherings, particularly perceived insults to the president,
    security forces, and other high-level public officials. Individuals who
    criticized the Government publicly or privately sometimes faced
    reprisal.
        In a radio talk show on September 19, attorney and Movement for
    Solidarity and Democracy (MSD) party spokesperson Francois Nyamoya
    claimed that SNR Chief Adolphe Nshimirimana and the deputy director of
    police should be removed from office for poor performance and not
    serving national interests. Nshimirimana filed a lawsuit for
    defamation, and on September 23 Nyamoya was served with a warrant to
    appear in the prosecutor's office. On September 27, the prosecutor
    questioned Nyamoya and then sent him directly to Mpimba Central Prison;
    he was released on his own recognizance on October 14 and was awaiting
    trial at year's end. The Burundi Bar Association questioned the use of
    preventive detention in this case since defamation is a misdemeanor
    that does not warrant pretrial detention.
        The media consisted of print, broadcast, and Internet-based
    organizations. The Government controlled several of the major media
    outlets, including Le Renouveau, the only daily newspaper, and the
    National Radio and Television of Burundi. There were seven private
    weekly publications and 23 private Internet- and fax-based newsletters.
    Radio remained the most important medium of public information. The
    Government-owned radio station broadcast in Kirundi, French, and
    Kiswahili and offered limited English programming. There were 13
    privately owned radio stations. There were two private television
    stations, including a station with primarily Muslim programming and
    strong ties to the ruling CNDD-FDD party.
        Journalists were arrested during the year, and prominent members of
    the media reported being threatened and harassed by the SNR, police,
    and members of the ruling party. Journalists practiced self-censorship.
    The Government pressured media outlets for perceived association with
    opposition parties.
        On November 5, two journalists of the investigative newspaper
    Iwacu, Elyse Ngabire and Dieudonne Hakizimana, were detained after
    visiting a prominent FNL party member in Mpimba Central Prison and
    allegedly accepting unauthorized items. Prisoners are prohibited from
    giving visitors documents, letters, or other items that are not
    authorized by prison administrators. The two journalists were
    reportedly interrogated for several hours without access to an attorney
    and then detained without formal charges by Bujumbura's municipal
    police chief until November 7. Ngabire, a breastfeeding mother, was not
    permitted access to her baby during her detention. The journalists were
    required to return on November 9 for further questioning by the police
    chief and released after two hours of interrogation.
        On April 10, violence erupted between FNL and CNDD-FDD youth in
    Kinama, Bujumbura, after the FNL opened several local offices. CNDD-FDD
    supporters attacked Radio and Television Renaissance journalists
    covering the violence and the arrest of the FNL party members. The
    CNDD-FDD supporters chased the journalists, throwing stones and
    damaging the windshield of their vehicle. The media and NGOs expressed
    concern that police on the scene did not act quickly to protect the
    journalists from political violence perpetrated by ruling party's
    supporters.
        On April 27, local police officers and CNDD-FDD supporters in
    Nyanza-Lac, Makamba Province, allegedly threatened Bonesha FM
    correspondent Eric Nzigamasabo for reporting that the CNDD-FDD was
    distributing arms to residents of Nyanza-Lac. Nzigamasabo, who remained
    in hiding for several weeks for fear of arrest, returned to work for
    the radio at the end of May.
        The Government restricted media content during the year by
    preventing the broadcast of political debates. On March 18, Minister of
    the Interior Edouard Nduwimana sent a letter to the National
    Communications Council (CNC) president stating that the media synergy
    of independent and government news outlets formed for the elections
    could not broadcast political debates because it would allow parties to
    advertise their platforms outside campaign periods. Nduwimana's letter
    added that each synergy member would be fined from 40,000 to 200,000
    francs ($32 to $161) if the broadcasts were aired on their stations. In
    a meeting on April 12, the CNC and political party leaders told the
    minister that prohibiting the broadcasts inhibited the freedom of
    expression; however, the minister reaffirmed the Government's position,
    and the debates were cancelled.
        The law criminalizes certain media activities, such as defining
    criticism of political figures as defamation, and provides fines and
    criminal penalties of six months' to five years' imprisonment for
    insults directed at the president, as well as writings that are deemed
    defamatory, injurious, or offensive to public or private individuals.
    The crime of treason, which includes knowingly demoralizing the
    military or the nation in a manner that endangers national defense
    during a time of war, carries a criminal penalty of life imprisonment.
        During the year the Government arrested journalists for defamation
    of public figures and treason. On August 10, police arrested Thierry
    Ndayishimiye, chief editor of the private weekly Arc-en-Ciel newspaper,
    on defamation charges related to an article on July 30 alleging
    embezzlement and the use of substandard materials at the state energy
    authority. The state prosecutor summoned Ndayishimiye to court in
    Bujumbura and then sent him to Mpimba Central Prison. Ndayishimiye was
    released after two days of detention when the charges were dropped.
        The Government cited national or public security as grounds to
    arrest journalists who expressed views that were politically
    embarrassing. For example, on July 17, journalist Jean Claude Kavumbagu
    was arrested for treason and abuse of freedom of expression by the
    press after he published an article in his online newsletter Net Press
    that claimed security forces would be unable to prevent an attack by al
    Shabaab. On September 6, a panel of judges denied Kavumbagu's request
    for release on his own recognizance, claiming that detention assured
    Kavumbagu would remain available to the court; in Kavumbagu's previous
    court cases, however, he was not detained and appeared in court when
    required. Kavumbagu was previously jailed in 2008 on charges of
    insulting the president; he was cleared of those charges in March 2009.
    Kavumbagu remained in pretrial detention at year's end.
        During the year the CNC dropped the 2009 defamation case against
    editing director of African Public Radio (RPA) Eric Manirakiza for
    defamation of the minister of planning and the case against RPA for
    allegedly endangering national security with a report on a border
    conflict with Rwanda. Manirakiza also agreed to drop countersuits
    against the CNC.

        Internet Freedom.--There were no reports of government restrictions
    on access to the Internet or reports that the Government monitored e-
    mail or Internet chat rooms. Individuals and groups could engage in the
    peaceful expression of views via the Internet, including by email. Jean
    Claude Kavumbagu was the only case during the year of government
    prosecution based on information distributed via the Internet or by
    email (see section 2.a., Freedom of Speech and Press). According to
    International Telecommunication Union statistics for 2009, less than 1
    percent of the country's inhabitants used the Internet. Lack of
    infrastructure limited public access to the Internet.

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

        b. Freedom of Peaceful Assembly and Association.--Freedom of
    Assembly.--The constitution and law provide for freedom of assembly;
    however, the Government at times restricted this right. The Government
    requires political parties to notify local authorities before
    assembling. Failure to provide advance notice of political meetings to
    local officials can result in a fine but does not provide grounds for
    arrest. However, security forces arrested opposition members for
    holding meetings, and provincial governors and communal administrators
    disallowed and disrupted numerous meetings of opposition political
    parties.
        Local NGOs reported that the police, SNR, Ministry of the Interior,
    and ruling party's youth league (the Imbonerakure) prevented and
    disrupted opposition party meetings. The OHCHR and international and
    local human rights organizations repeatedly expressed concern that the
    Government suppressed opposition parties and civil society during the
    election period, including by restricting their right to public
    assembly and peaceful demonstration.
        On January 31, four MSD party members were arrested in the Mugoboka
    neighborhood of Bujumbura for holding ``an illegal meeting.'' The MSD
    supporters were held in the Rohero commune jail overnight.
        On May 26, Mayor of Bujumbura Evrard Giswaswa refused to permit a
    march organized by the Association for the Defense of Women's Rights
    (ADDF) to commemorate the death of Revocate Manishantse, a recent
    victim of domestic violence; the mayor claimed the demonstration would
    be inappropriate during the election period.
        On June 6, the Ngozi provincial governor prevented 12 opposition
    parties from meeting in Gashikanwa to explain their motives for
    withdrawing from the presidential election. Government authorities
    argued that the new coalition ADC-Ikibiri was not registered with the
    Government and could not hold meetings. The member parties of the
    coalition were registered, and coalitions are not required to register.
    Two days later the interior minister claimed that only the CNDD-FDD had
    the right to hold meetings during the June 12 to 25 presidential
    elections since the CNDD-FDD was the only party with a presidential
    candidate. Local and international NGOs objected that it was
    undemocratic for the minister of the interior to forbid opposition
    parties from holding meetings.

        Freedom of Association.--The constitution provides for freedom of
    association; however, the Government sometimes restricted this right in
    practice.
        Private organizations were required to present their articles of
    association to the Ministry of the Interior for approval. There were no
    reports that the Government failed to complete the approval process for
    private organizations whose purposes the Government opposed. During the
    year, however, the Ministry of the Interior investigated the articles
    of association of existing civil society associations and media outlets
    in an apparent attempt to harass or threaten those organizations with a
    perceived association with opposition parties or who advanced causes
    unpopular with the Government.
        There were reports that some government officials denied national
    identity cards, employment, and access to social programs to members of
    opposition parties. For example, there were reports of fraud or abuse
    of power in the distribution of the identity cards that were required
    for citizens to participate in the 2010 elections. Opposition parties
    claimed that local administrators used their authority to deny the
    identity cards to members of opposition parties, but the Government
    denied there had been fraud or abuse of power in the distribution of
    the cards.

        c. Freedom of Religion.--For a description of religious freedom,
    see the Department of State's 2010 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 and law provide for
    freedom of movement within the country, foreign travel, emigration, and
    repatriation; however, the Government sometimes restricted these rights
    in practice. Government checkpoints, the threat of violence by armed
    criminals, and possible regional terrorist threats restricted citizens'
    movements.
        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 Government continued to restrict movement into and out of
    Bujumbura and other cities at night. Restrictions heightened after al
    Shabaab claimed responsibility for the July 11 bombings in Kampala,
    Uganda, following Uganda's participation in the African Union Mission
    to Somalia.
        According to local and international NGOs and opposition parties,
    the Government restricted the movement of prominent opposition party
    leaders after the ADC-Ikibiri coalition decided to boycott the June
    presidential elections. On June 27, Democratic Alliance for Renewal
    (ADR) leader Alice Nzomukunda was stopped at Bujumbura International
    Airport when boarding a flight to Nairobi; her travel documents and
    ticket were confiscated. Border police also stopped UPD leader
    Pascaline Kampayano and Charles Niyungeko, leader of the National
    Council for the Defense of Democracy (CNDD), a separate political party
    from CNDD-FDD, at land borders between the Democratic Republic of Congo
    (DRC) and the country and confiscated their passports.
        The law does not provide for forced exile, and the Government did
    not practice it; however, many persons remained in self-imposed exile.
    Opposition political leaders including Agathon Rwasa of the FNL,
    Leonard Nyangoma of the CNDD, Pascaline Kampayano of the UPD, Alice
    Nzomukunda of the ADR, and Alexis Sinduhije of the MSD fled the
    country, alleging they felt threatened after their boycott of the
    presidential elections. They remained in self-imposed exile at year's
    end.
        During the year the UNHCR facilitated the voluntary repatriation of
    approximately 3,400 refugees who had previously fled to neighboring
    countries. Among the returnees were 689 repatriated from Tanzania,
    2,647 from the DRC, and 80 from Rwanda, South Africa, Lesotho, Zambia,
    and Europe. This brought the total number of returned refugees to
    509,061since 2002. The UNHCR and the Government Project for the
    Reintegration of War-Affected Persons (PARESI) assisted in the
    repatriation and reintegration of these returnees and internally
    displaced persons (IDPs). PARESI did not register any expelled persons
    during the year.
        The UNHCR has returnee transfer centers in Muyinga, Ngozi,
    Bujumbura City, and Ruyigi, as well as two in Makamba Province. The
    UNHCR, the Government, and NGO partners provided repatriated
    individuals and families a six-month food ration and nonfood items that
    included domestic and hygiene goods, agricultural tools, and cash
    grants. Returnees also received school assistance in the form of school
    kits and language acquisition classes. In an attempt to increase
    voluntary repatriation from the Mtabila Camp in Tanzania, the UNHCR
    increased the cash grant from $40 to $150 for those who returned
    voluntarily between September 15 and December 31.
        The repatriates, who returned mostly to the southern and eastern
    provinces, often found their land occupied. During the year there were
    still reports of disputes over land holdings between returnees, local
    residents, and the Government, particularly in Rutana and Bururi
    provinces. The Department for Territory and Land Management, along with
    the UNHCR, was responsible for the preparation of integrated village
    sites for refugees, IDPs, and other vulnerable groups. Seven integrated
    villages for more than 5,500 persons had been established in the
    provinces of Ruyigi, Makamba, and Rutana since 2008. Poor living
    conditions and a lack of food and shelter remained problems for some
    returnees.

        Internally Displaced Persons.--According to a 2009 Ministry of
    National Solidarity, Human Rights and Gender (Ministry of Solidarity)
    provisional report, there were approximately 157,000 IDPs in the
    country. Despite improved security these IDPs remained in what appeared
    to be increasingly permanent settlements throughout the country. Most
    were Tutsi who fled their homes during internal conflict in 1993. Some
    attempted to return to their places of origin, but the majority
    relocated to urban centers. According to the UN Office for the
    Coordination of Humanitarian Affairs, most were living at 160 sites,
    the majority in Kayanza, Ngozi, Kirundo, Muyinga, and Gitega provinces.
        During the year the Government took no action on behalf of the
    approximately 600 IDP families who were violently beaten and forcibly
    evicted from their land in 2008. The families attempted to integrate
    themselves into other IDP camps and local communities with little
    success.
        The Government generally permitted IDPs to be included in the
    UNHCR's and other humanitarian groups' activities benefiting returning
    refugees, such as shelter and legal assistance programs.

        Protection of Refugees.--The country's laws provide for the
    granting of asylum or refugee status, and the Government has
    established a system for providing protection to refugees. According to
    the UNHCR, by year's end the Government had granted refugee status and
    asylum to more than 40,000 persons. In practice the Government provided
    some protection against the expulsion or return of refugees to
    countries where their lives or freedom would be threatened on account
    of their race, religion, nationality, membership in a particular social
    group, or political opinion. The UNHCR reported that the Government
    fulfilled its obligations to provide asylum and refugee protections and
    cooperated with international organizations involved in refugee issues.
        As of December 1, according to the UNHCR, there were approximately
    40, 940 Congolese refugees and 800 Rwandan refugees in the country. The
    majority of the Congolese were sheltered in three UNHCR-run refugee
    camps: Bwagiriza in Ruyigi Province, Gasorwe in Muyinga Province, and
    Musasa in Ngozi Province. Approximately 250 Rwandans were sheltered in
    Butare camp in Rutana Province. The remaining 21,000 refugees and
    asylum seekers, who are overwhelmingly Congolese, were integrated into
    urban centers. During the year the UNHCR and the Government assisted in
    the voluntary return of 653 refugees to their country of origin,
    including 642 Congolese refugees. The National Office for the
    Protection of Refugees and Stateless Persons in the Ministry of the
    Interior formally took over all asylum-related tasks in March 2009; the
    office moved to the Ministry of Public Security during the year.
        While the UNHCR and the Government reported no attacks on refugees
    or restriction of refugees' movement during the year, there was
    evidence of gender-based violence in camps, including rape or
    exploitation of refugee women and girls. The UNHCR reported that,
    despite some Congolese refugees' fears about moving to Bwagiriza camp
    in October 2009 due to security concerns related to the camp's
    proximity to the Tanzania border, no security incidents occurred during
    the year. Some school-age urban Congolese refugees reportedly changed
    their names to avoid discrimination and harassment in local schools.
        Unlike in the previous year, there were no reports that national
    police organized raids to round up illegal immigrants from the DRC,
    Rwanda, Tanzania, and Uganda.
        During the year a number of cases of vandalism, assault, and
    killings were associated with land conflicts, primarily in the
    provinces of Ruyigi, Muyinga, and Bururi. The National Commission for
    Land and Other Goods (CNTB) is responsible for resolving land and
    property disputes, including those resulting from the repatriation of
    more than 500,000 refugees since 2002, some of whom had been in
    Tanzania since 1972. According to the UNHCR, 9,976 of the 19, 541 land
    disputes registered between January 2007 and August were resolved by
    year's end. However, some returnees were unable to reclaim their land
    or to find alternative farmland to support their families due to lack
    of cooperation from local judicial and administrative authorities. In
    February the Government suspended the CNTB's mediation of a conflict
    between residents with ties to the National Office of Palm Oil and
    returnees in Rumonge Commune, Bururi Province, and changed the
    commission's composition.
    Section 3. Respect for Political Rights: The Right of Citizens to
            Change Their Government
        The law and constitution provide citizens the right to change their
    government peacefully, and citizens exercised this right in practice
    through elections based on universal suffrage.

        Elections and Political Participation.--Between May and September
    the Government held presidential, parliamentary, Communal Council, and
    local elections. Presidential elections in June resulted in the
    reelection of President Nkurunziza, the candidate of the ruling CNDD-
    FDD party. While the elections were generally described as free and
    fair by international observers and the election days themselves were
    peaceful, political parties engaged in intimidation and violence
    leading up to the elections. The ruling CNDD-FDD party and their
    affiliates were particularly active. In the run-up to the elections,
    there were widespread reports that the CNDD-FDD's Imbonerakure youth
    wing committed abuses, such as threatening and assaulting opposition
    party members, with impunity. A coalition of parties alleged massive
    fraud in the May 24 Communal Council elections; all six of the
    opposition parties that had registered for the June presidential
    election withdrew their candidates. Only a few parties participated in
    the July parliamentary elections, in which the president's CNDD-FDD
    increased its majority, winning 81 of the 106 seats in the National
    Assembly. The Union for National Progress (UPRONA) won 17 seats, the
    Front for Democracy ``Genuine'' (FRODEBU Nyakuri) won five seats, and
    the Twa ethnic group received three seats. In the Senate the CNDD-FDD
    won 32 of the 41 seats and UPRONA two. The Twa ethnic group received
    three seats; the four living former presidents of the country received
    the remaining seats. International and domestic observers released
    statements that noted instances of electoral irregularities in these
    parliamentary elections but did not substantiate claims of massive,
    systemic fraud.
        Police searches of opposition parties' headquarters and homes,
    particularly those targeting the FNL, MSD, and UPD parties, increased
    significantly during the elections and their aftermath. Major
    opposition party leaders left the country and went into hiding (see
    section 2.d.). On August 9, police allegedly found a grenade, a pair of
    army boots, and a set of military binoculars during a raid on the MSD's
    national headquarters. On September 16, after MSD President Alexis
    Sinduhije fled the country, police searched his residence and allegedly
    found a box of 20 military uniforms. Human rights organizations and
    opposition parties suggested that the items found in the two raids were
    likely planted by police or the SNR to entrap MSD members and to
    discredit the party and its president.
        Election violence resulted in numerous deaths.
        For example, on May 13, an MSD member was shot and killed in front
    of his house in Nyakabiga, Bujumbura. By year's end no suspects had
    been arrested.
        On June 19, a CNDD-FDD member was shot and killed in Kanyosha,
    Bujumbura. No further information was available by year's end.
        On July 9, two members of the CNDD-FDD were killed by machetes and
    a grenade in Ruziba, Kanyosha Commune, Bujumbura Rural. Fifteen
    persons, all FNL members, were arrested in connection with the
    killings. Seven remained in detention at year's end.
        From June 11 to July 14, 123 grenade attacks resulted in 10 deaths
    and 65 injuries. These attacks targeted high-profile hotels and
    restaurants, political party headquarters, and the homes of political
    party members.
        Members of various political party youth movements engaged in group
    exercises to intimidate other parties and the local populations; such
    exercises led to violent clashes prior to and during the year's
    electoral period.
        On January 7, in Rugombo Commune, Cibitoke Province, an FNL youth
    member was beaten by members of the CNDD-FDD Imbonerakure, who were
    heard yelling anti-FNL slurs during the beating. Three suspects were
    arrested but fled after being released on bail. One was subsequently
    rearrested and again released.
        On February 1, the minister of the interior officially banned
    political party youth exercises in Kirundo province after an incident
    in which CNDD-FDD youth injured FNL youth supporters.
        On June 26, SNR agents accompanied by 40 policemen arrested five
    MSD party members, including the secretary general, the treasurer, and
    the administrative advisor. Police Deputy Director General Gervais
    Ndirakabuca assisted with the arrest of the administrative advisor,
    whose house was searched without a search warrant. In order to extract
    confessions, members of the Municipal Police of Bujumbura abused the
    arrestees. According to Ligue Iteka, a local human rights NGO, an MSD
    driver, who was among those arrested, was kicked and hit with rifle
    butts. All five were released without charges within a week.
        On December 11, Haruna Sibomana, a member of the UPD opposition
    party and head of Buyenzi quarter in Bujumbura, was held responsible
    for a mob lynching of a thief on December 10. Although Sibomana had
    immediately involved the communal administrator and the local police
    chief when the crowd became a mob, they were unable to prevent the
    lynching. On December 11, police arrested Sibomana for failing to
    assist a person in danger. He informed Ligue Iteka that the police
    officer in charge of his case pressured him to implicate well-known UPD
    members as instigators of the killing. He was detained for 19 days and
    released after the public prosecutor dismissed the case.
        There were no developments in the following 2009 cases of political
    violence: the January beating of an FNL supporter by police in Kinama,
    Bujumbura; the February killing of Frederick Misago after he left the
    CNDD-FDD for the FRODEBU party in Kamenge, Bujumbura; or the August
    arson of the UPD leader's property in Kayogoro Commune, Makamba
    Province.
        As of October no one had been charged in the 2008 grenade attacks
    on four politicians' homes; the investigation stalled.
        Some local administrators made CNDD-FDD membership a prerequisite
    to obtain public benefits such as education, employment, health-care
    benefits, or civil documents. On August 23, an elementary school
    director in Mubimbi, Bujumbura Rural Province, refused to register
    students unless their parents presented voter cards showing they had
    voted in the presidential election. As the CNDD-FDD had the only
    candidate in the election, a parent who voted was presumed to be a
    ruling party member; the school director would register his or her
    children. Those parents who refused to show their voter cards or did
    not vote in the presidential election were assumed to belong to an
    opposition political party and were not allowed to register their
    children.
        In Gashikanwa, Ngozi Province, a woman requested a certificate from
    the local administrator declaring her destitute in order to qualify for
    public assistance. Her request was denied because she was not a CNDD-
    FDD party member.
        The constitution reserves 30 percent of the positions in the
    National Assembly, the Senate, and the cabinet for women. There were 34
    women in the 106-seat National Assembly and 19 women in the 41-seat
    Senate. Women held nine of 21 ministerial seats, including the new
    minister of justice who was the Supreme Court president in the former
    government. There were eight women on the 17-seat Supreme Court and
    three women on the seven-seat Constitutional Court, including the chief
    justice.
        The law imposes ethnic quotas, requiring that 60 percent of the
    seats in both houses of parliament be filled by Hutus, the majority
    ethnic group, and 40 percent by Tutsis, who constitute an estimated 15
    percent of the citizenry. The Batwa ethnic group, which makes up less
    than 1 percent of the population, is entitled to three seats in each
    house. By law military and police positions should be divided equally
    between Hutus and Tutsis. The Government fulfilled this mandate with
    respect to the military; however, inequalities continued to exist
    within the police force. While Hutus make up 51percent of the police
    force and Tutsis make up 49 percent, disparities existed at the higher
    ranks. Eighty percent of police commissioners at the national level
    were Tutsi, while Hutus made up 66 percent at the provincial district
    level.
    Section 4. Official Corruption and Government Transparency
        The law provides criminal penalties for corruption; however, the
    Government did not implement the law effectively. Widespread corruption
    in the public and private sectors and a culture of impunity remained
    problems. Several respected private-sector representatives and trade
    association officials reported that corruption remained a major
    impediment to commercial and economic development. The World Bank's
    2009 Worldwide Governance Indicators indicated that corruption was a
    severe problem.
        By the end of 2009 OLUCOME estimated the state had lost more than
    306 billion francs ($246 million) since 2003 due to embezzlement.
    Losses for the first six months of the year were estimated at 20
    billion francs ($16.1 million).
        The Ministry of Good Governance and the State Inspector General are
    responsible for combating governmental corruption. The Ministry of Good
    Governance includes the Anti-Corruption General Prosecutor's Office and
    the Anti-Corruption Brigade. The brigade has the authority to act on
    its own initiative to investigate, arrest, and refer offenders to the
    general prosecutor.
        According to the latest figures available, between September 2009
    and August, the Anti-Corruption General Prosecutor's Office
    investigated and closed 181 files, 106 cases were scheduled for trial
    at the Anti-Corruption Court, 95 cases were tried, and 74 cases
    sentenced with possibility of appeal.
        Certain government entities cracked down on corruption, while
    others protected the guilty. For example, early in the year customs
    agents at the Gatumba border with the DRC were illegally charging 3,000
    francs ($2.41) per driver and 8,000 francs ($6.44) per vehicle to enter
    or leave the country. The Burundian Income Authority halted this
    practice after OLUCOME publicized it.
        On September 28, the Anti-Corruption Brigade arrested Alexis
    Ntaconzoba, director general of SOSUMO, the state-owned sugar company,
    for fraudulent misuse of public funds. At year's end Ntaconzoba
    remained in detention in Mpimba Central Prison and had not had a
    hearing.
        On September 30, the director general and the director of
    administration at the state-owned Public Transportation Company were
    jailed. Both Director General Jean Pierre Manirakiza and Director of
    Administration Ferdinand Bacanamwo were accused of misappropriation of
    the company's funds. Media reports cited losses of 150 million francs
    ($120,675). At year's end Manirakiza and Bacanamwo remained in
    detention in Mpimba Central Prison.
        In 2009 the Anti-Corruption Court sentenced Jean de Dieu
    Hatungimana, director of the state-owned real estate company, to 15
    years in prison for intentionally wrongly approving payments to a road
    construction company, and ministry of finance spokesperson Donatien
    Bwabo to 10 years in prison for authorizing payment to a fictitious
    garage. Both men remained free and in high-level government positions
    while they appealed their cases at year's end.
        Former central bank governor Isaac Bizimana, who had been in jail
    since August 2007 for illegal transfer of government funds to the
    private company, Interpetrol, was released during the year. Earlier in
    the year his case and the cases of his alleged accomplices, two former
    finance ministers in exile, were dismissed for lack of evidence. The
    new minister of justice stated in December that she disagreed with the
    general prosecutor's dismissal of the case, and the case was reopened.
        The law requires financial disclosure by government officials, but
    it was not consistently enforced. Some top officials, including
    President Nkurunziza, voluntarily released copies of their finances
    after the August 26 presidential inauguration. However, anticorruption
    watchdogs reported that many government officials transferred
    questionable assets and financial accounts to immediate family members
    whose financial records were not disclosed.
        In August the then minister of the environment Deogratias Nduwimana
    granted more than 180 acres of public land to the wife and child of the
    then second vice president of the republic, Gabriel Ntisezerana, who
    became president of the Senate on August 20. When the transfers became
    public knowledge, Ntisezerana stated that a mistake had been made, and
    the transfer to his child was rescinded. However, Ntisezerana's wife
    retained possession of the land.
        The law does not provide for access to government information, and
    information was difficult to obtain. The law does not allow the media
    to broadcast or publish information in certain cases relating to
    national defense, state security, or secret judicial inquiries. Human
    rights observers criticized the law for its poorly defined restrictions
    on the right to access and disseminate information.
    Section 5. Governmental Attitude Regarding International and
            Nongovernmental Investigation of Alleged Violations of Human
            Rights
        Domestic and international human rights groups generally operated
    without government restriction, investigating and publishing their
    findings on human rights cases. Government officials were somewhat
    cooperative and responsive to their views.
        Human rights observers generally were allowed to visit government
    facilities such as military bases, prisons, and detention centers,
    including those run by the SNR. Human rights groups continued to
    operate and publish newsletters documenting human rights abuses. While
    well-established groups with international linkages and a presence in
    Bujumbura had a measure of protection from governmental harassment,
    indigenous NGOs were more susceptible to pressure from authorities and
    often subject to intimidation and threats from the SNR. Some government
    officials and members of the ruling CNDD-FDD party indicated that they
    considered domestic civil society organizations, including human rights
    groups, to be part of the political opposition.
        The following major local independent human rights NGOs operated
    during the year: Ligue Iteka, the APRODH, the ADDF, Centre Seruka, the
    Association of Women Jurists, Action by Christians for the Abolition of
    Torture, and the Observatory of Government Action. No major local human
    rights NGOs were closely aligned with the Government or political
    parties.
        Although several international NGOs expressed frustration at the
    formidable bureaucratic hurdles they faced when registering with
    government offices, governmental attitudes toward international
    humanitarian NGOs remained generally favorable; however, the Government
    expelled the representative of Human Rights Watch (HRW) during the
    year.
        On May 18, Minister of Foreign Affairs Augustin Nsanze informed HRW
    that the Government had canceled agrement for HRW representative Neela
    Ghoshal due to HRW's report on preelection period political violence
    (We'll Tie You Up and Shoot You). Nsanze claimed the report was biased
    against the Government and the ruling party. The Government demanded
    that Ghoshal cease her work immediately and depart the country by June
    5; Ghoshal departed on June 2.
        The Government cooperated with international governmental
    organizations and permitted visits by UN representatives and other
    organizations, such as the ICRC.
        In 2008 the UN Human Rights Council renewed the mandate of the UN
    Independent Expert (IE) on the Situation of Human Rights in Burundi
    with the provision that the IE's mandate would continue until the
    Government established a National Independent Human Rights Commission
    (CNIDH). Since 2008 the Government has taken the position that the IE
    has no mandate to report to the Human Rights Council until the CNIDH is
    established. In December parliament passed legislation authorizing
    creation of the CNIDH, but President Nkurunziza did not promulgate the
    law by year's end.
        In a June press statement, the then IE Akich Okola noted increasing
    reports of election-related human rights violations and security
    concerns since his previous visit in May, including arbitrary arrests,
    detention and harassment of opposition politicians and their
    supporters, and grenade attacks by unknown perpetrators during the
    presidential campaign. In a press conference on November 17, new IE
    Fatsah Ouguergouz encouraged the Government to investigate and
    prosecute those responsible for torture and extrajudicial killings. He
    also pressed the Government to conduct credible, swift, fair trials in
    the cases of murdered OLUCOME vice president Ernest Manirumva and
    imprisoned journalist Jean Claude Kavumbagu (see sections 1.a. and
    2.a., respectively).
        On January 25, the Government created the Office of the Ombudsman,
    as required by the 2000 Arusha Accords. On November 12, in a
    noncompetitive process parliament selected Mohamed Rukara as the
    country's first ombudsman. Civil society members, human rights
    observers, and political opposition leaders expressed concern that
    influential CNDD-FDD member Rukara could not be the neutral,
    independent ombudsman envisioned in the law. As of year's end, the
    Office of the Ombudsman lacked support staff, a workplace, and office
    equipment.
        Parliament established human rights committees in 2005 in both
    houses: a Committee for Justice and Human Rights in the National
    Assembly and a Committee for Judicial and Institutional Issues and
    Fundamental Rights and Liberties in the Senate. The National Assembly
    committee was dominated by the CNDD-FDD party and the Senate committee,
    which, while well intentioned and well informed, lacked influence. At
    the end of the year, both committees reviewed and made recommendations
    on the draft legislation to create a CNIDH, which passed both houses of
    parliament in December. The committees do not issue reports or
    recommendations on human rights.
        From July 2009 to March, ``Popular Consultations on Transitional
    Justice'' took place in country and with diaspora communities. A
    tripartite government-UN-civil society steering committee managed the
    consultations to gauge the population's perspective on how a Truth and
    Reconciliation Commission and Special Tribunal should function. The
    committee forwarded the report of the consultation results to the
    Office of the President of the Republic on April 20. On December 7, the
    report was released to the public. The Government did not establish a
    commission, tribunal, or other national transitional justice mechanisms
    by year's end.
    Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
        The constitution provides equal status and protection for all
    citizens, without distinction based on sex, origin, ethnicity,
    disability, language, or social status; however, the Government failed
    to implement these provisions effectively, and discrimination and
    societal abuses continued.

        Women.--The law prohibits rape, which is punishable by up to 30
    years' imprisonment; however, the Government did not enforce the law
    effectively, and rape and other sexual violence against women and girls
    were problems. The rape of minors, or rape committed by persons who
    infect their victim with an incurable sexually transmitted disease, is
    punishable by life imprisonment. Spousal rape is punishable by fines of
    10,000 to 50,000 francs ($8 to $40) and eight days' imprisonment.
        Many women were reluctant to report rape for cultural reasons, fear
    of reprisal, and the unavailability of medical care. Men often
    abandoned their wives following acts of rape, and rape victims were
    ostracized. Police and magistrates regularly required that victims
    provide food for and pay the costs of incarceration of those they
    accused of rape. According to a March 2009 report by Medecins Sans
    Frontieres de Belgique (MSF-Belgium), many victims who sought judicial
    redress faced an unresponsive judicial system, and courts often refused
    to act on cases without witnesses. Some victims were reportedly
    required to pay 15,000 francs ($12.07), a large sum for most victims,
    to obtain a certified medical report. Other problems included judges
    who did not regard rape as a serious crime and a lack of medical
    facilities to gather medical evidence. According to women's rights
    organizations, at times families or communities forced victims to
    withdraw their complaints and negotiate settlements with the
    perpetrator or his family outside of the formal judicial system. In
    other cases the victims were forced by their families and local
    arbiters to marry their attackers. According to the local NGO Centre
    Seruka, 60 percent of persons responsible for rape were arrested, and
    of these 30 percent were prosecuted. As of September the APRODH
    recorded 61 rapists arrested. Of the limited number of cases that were
    investigated, successful prosecutions of rapists were rare.
        During the year the Ministry of Solidarity began compiling rape
    statistics through decentralized family development centers (CDF)
    throughout the country. According to CDF reports, there were 1,556
    reported cases of gender-based violence as of July. The ADDF received
    reports of 3,701 cases of rape and domestic violence as of September,
    most of which occurred in Bujumbura and its outlying areas. Centre
    Seruka, equipped in part by MSF-Belgium and funded by the UN, received
    742 victims during the year at its center for rape victims in
    Bujumbura. Of the victims they assisted, 60 percent were raped by
    persons they knew, including members of their families, cooks, and
    neighbors. Local and international NGOs, the Government, and the UN
    claimed the number of rape victims was likely much higher.
        Civil society and religious communities worked to overcome the
    cultural stigma of rape to help victims reintegrate into families that
    had rejected them. Ligue Iteka, the APRODH, the ADDF, and BINUB
    continued to encourage rape victims to press charges and to seek
    medical care, and international NGOs provided free medical care, mostly
    in urban areas. The Government also raised awareness of the problem
    through seminars and local initiatives describing the kinds of medical
    care available.
        The law prohibits domestic abuse of a spouse or child, with
    punishment ranging from fines to three- to five-years' imprisonment;
    however, domestic violence against women was common. As of December the
    ADDF had received 1,650 cases of domestic violence. Many victims did
    not report crimes of domestic violence, fearing retaliation, loss or
    economic support for their children, or a lack of support from the
    justice system. Police occasionally arrested persons accused of
    domestic violence but usually released suspects within a few days
    without further investigation. During the year the Government, with
    financial supported from international NGOs and the UN, continued to
    sponsor civic awareness training on domestic and gender-based violence
    as well as the role of police assistance in 12 of the country's 17
    provinces.
        The media reported many instances of domestic violence, including
    severe beating, mutilation, and murder. For example, on May 17, Fabien
    Barutwanayo assaulted and killed his pregnant wife with a hoe due to a
    land dispute. The local women's association was banned from holding a
    funeral procession to highlight the problem of domestic violence (see
    section 2.b.). Barutwanayo fled his home and at year's end had not been
    located by police.
        The suspects who allegedly severely burned his wife with hot water
    in January 2009 in Cibitoke Province, who allegedly killed his wife
    with a machete in September 2009 in Makamba Province, and who allegedly
    burned his wife's genitals in 2008 in Cankuzo Province remained in
    detention awaiting trial at year's end.
        The law prohibits sexual harassment, including the use of orders,
    severe pressure, or threats of physical or psychological violence, to
    obtain sexual favors. The sentence for sexual harassment ranges from
    fines to penalties of one month to two years in prison. The sentence
    for sexual harassment doubles if the victim is less than 18 years old.
    There were no known prosecutions during the year.
        The Government recognized the right of couples and individuals to
    decide freely and responsibly the number, spacing, and timing of their
    children, although for cultural reasons, husbands often made the final
    decisions about family planning. Local NGOs reported that women who
    attempted to assert their right to decide such matters independently
    sometimes became victims of domestic abuse. Cultural and religious
    norms made limiting the number of childbirths per family generally
    unpopular, although family planning and birth spacing were more openly
    discussed than in previous years. Health clinics and local health NGOs
    were permitted to operate freely in disseminating information on family
    planning under the guidance of the Ministry of Public Health. There
    were no restrictions on access to contraceptives, but, according to the
    local NGO Burundian Association for Family Wellbeing, only 11.4 percent
    of citizens used these measures.
        The Government provided free childbirth services, but the lack of
    sufficient doctors meant most women used nurses or midwives during
    childbirth as well as for prenatal and postnatal care, unless the
    mother or child suffered serious health complications. According to the
    United Nations Population Fund, less than 34 percent of all births took
    place with skilled attendants. The maternal mortality rate remained
    high at 620 deaths per 100,000 live births.
        Men and women received equal access to diagnosis and treatment for
    sexually transmitted infections, including HIV, but local health NGOs
    and clinics reported that women were more likely than men to seek
    treatment and refer their partners. Only 16 percent of health
    facilities provided services to prevent mother-to-child HIV/AIDS
    transmission.
        Despite constitutional protections, women continued to face legal,
    economic, and societal discrimination and were often victims of
    discriminatory practices with regard to credit and marital property
    laws. By law women must receive the same pay as men for the same work,
    but in practice they did not. Some enterprises suspended the salaries
    of women while they were on paid maternity leave, and others refused
    medical coverage to married female employees. Women were less likely to
    hold mid- or high-level positions in the workforce. However, there were
    many women-owned businesses, particularly in Bujumbura. While
    representation of women in decision-making roles remained low, women
    constituted approximately 20 percent of public administration roles in
    the country.
        The Government had a department dedicated to the empowerment of
    women and promotion of women's rights within the Ministry of
    Solidarity. Several local groups also worked to support women's rights,
    including the Collective of Women's Organizations and NGOs of Burundi,
    and Women United for Development.

        Children.--Although the constitution states that citizenship can be
    derived from the mother or father, in practice and according to the law
    on nationality, citizenship is derived from the nationality of the
    father only. The failure of the Government to record all births
    resulted in denial of some public services for unregistered children,
    as the Government requires a birth certificate for access to free
    public schooling and free medical care for children under five.
    Approximately half of all children were not registered at birth.
    According to the UN Children's Fund (UNICEF), approximately 40 percent
    of births of children currently under five years old were not
    registered. The Government registered without charge the births of all
    children up to the age of five. The urban and rural poor and citizens
    of western provinces traditionally were less likely to register the
    birth of a child.
        Schooling is compulsory up to the age of 12; primary school was the
    highest level of education attained by most children. The Government's
    declaration of free and universal primary education in 2005
    substantially increased net enrollment rates; however female illiteracy
    remained a particular problem.
        The law prohibits child abuse, and the problem was not reportedly
    widespread. Corporal punishment in public schools is prohibited;
    however, the Government acknowledged that corporal punishment existed
    in many homes and schools.
        The law prohibits child prostitution, and penalties for those who
    use child prostitutes ranged from fines from five to 10 years'
    imprisonment; however, the number of children engaged in prostitution
    for survival reportedly increased compared with the previous year.
        The minimum marriage age for women is 18 and 21 for men, although
    recently men were allowed to begin marrying at 18. Child marriage
    reportedly was not widespread, although informal marriages of young
    girls sometimes occurred when victims were forced by their families to
    marry after rape or other forms of sexual exploitation. For example,
    the brother of a 13-year-old girl in Butihinda, Muyinga Province,
    reportedly arranged her marriage after she was raped by a local
    businessman during the year. If there was no such agreement, victims
    and their families were sometimes intimidated by perpetrators living in
    their community.
        The penalty for rape of a minor is 10 to 30 years' imprisonment,
    and the minimum age for consensual sex is 18. The law prohibits child
    pornography, which is punishable by fines and three to five years'
    imprisonment. While child pornography was not prevalent, the rape of
    minors was a widespread problem. Local hospitals, NGOs, and human
    rights associations highlighted a particularly high number of rape and
    sexual abuse cases against children in Rumonge, Burambi and Buyengero
    communes of Bururi Province during the year; there were also several
    reported cases from Ngozi, Muyinga, Bujumbura, and Bujumbura Rural
    provinces, although exact statistics were unavailable. According to
    UNICEF, approximately 60 percent of reported rapes were of children
    under 18 years old, 20 percent of whom were children under 12 years
    old.
        During the year Centre Seruka reported that 15 percent of the
    sexual violence cases it handled were of children less than five years
    old. The UN Development Fund for Women reported that many rapes of
    minors were motivated by the rapist's belief that they would prevent or
    cure sexually transmitted diseases, including HIV/AIDS. Centre Seruka
    reported that 95 percent of the rape victims who visited its facility
    during the year were female; the average victim assisted by Seruka was
    11.5 years old. Local NGOs reported providing services to secondary
    school students who were coerced into performing sexual acts or raped
    by schoolteachers, community leaders, or other authority figures.
        Rape cases of very young girls were more likely to be investigated
    than rape of women, often due to community pressure. For example, on
    March 25, after a one-and-a-half-year-old girl was raped by a teenage
    boy in Mutimbuzi Commune, Bujumbura Rural Province, her neighbors held
    demonstrations condemning the rape. The community challenged the local
    administration and judiciary to punish the perpetrator. Neighbors also
    claimed the perpetrator's parents attacked the victim's family.
        Children with albinism sometimes faced discrimination in school and
    within their families. For example, three students with albinism
    reportedly abandoned their schooling in Makamba Province after their
    teacher discriminated against them. Officials of Albinos Without
    Borders (ASF) mediated the conflict between the teacher and students,
    convincing the students to reenroll. Fathers sometimes sent away women
    who gave birth to children with albinism.
        According to a January report by the Ministry of Solidarity and the
    Institute of Statistics and Economic Studies of Burundi in conjunction
    with local and international NGOs and UNICEF, more than 3,250 street
    children lived in the country's three largest cities of Bujumbura,
    Gitega, and Ngozi. The Ministry of Solidarity stated that many of these
    children are HIV/AIDS orphans. The number of street children nationwide
    was higher, according to UNICEF. The Government provided street
    children with minimal educational support and relied on NGOs to provide
    basic services such as medical services or economic support.
        According to UNICEF, 626 child soldiers were demobilized in 2008
    and 2009; most were already adults, and only 22 were under 18 years of
    age at the time of their demobilization. Local NGOs continued to work
    with these demobilized children during the year to ensure their
    reintegration. According to the UN and the Government, there were no
    known cases of children associated with armed groups at year's end.
        The country is not a party to the 1980 Hague Convention on the
    Civil Aspects of International Child Abduction. For information on
    international parental child abduction, please see the Department of
    State's annual report on compliance at http://travel.state.gov/
    abduction/resources/congressreport/congressreport--4308.html.

        Anti-Semitism.--The Jewish population was very small, and there
    were no reports of anti-Semitic acts.

        Trafficking in Persons.--For information on trafficking in persons,
    please see the Department of State's annual Trafficking in Persons
    Report at www.state.gov/g/tip.

        Persons With Disabilities.--The constitution prohibits
    discrimination against persons with physical or mental disabilities;
    however, the Government does not have the resources to protect the
    rights of persons with disabilities with regard to employment,
    education, or access to healthcare. Although persons with disabilities
    were eligible for free healthcare services through social programs
    targeting vulnerable groups, the benefits were not widely publicized or
    provided. The employment practice of requiring health certification
    from the ministry of public health sometimes led to discrimination
    against persons with disabilities.
        The Ministry of Solidarity is the Government agency in charge of
    coordinating assistance and protecting the rights of persons with
    disabilities. The ministry reported an increase from 500 million francs
    to one billion francs ($402,252 to $804,505) in its budget for
    disability programs for the year after President Nkurunziza proposed
    the increase in his December 2009 remarks on the International Day for
    the Disabled. Despite increased funding for assistance, the Government
    did not enact legislation or otherwise mandate access to buildings,
    information, or government services for persons with disabilities.
        The Government supported a center for physical therapy in Gitega
    and a center for social and professional reinsertion in Ngozi to assist
    individuals with physical disabilities. Handicap International reported
    14 other institutions for persons with disabilities sponsored by
    religious institutions and NGOs, including four schools for children
    with sensory disabilities and two for children with mental
    disabilities. Many schools for children with sensory or mental
    disabilities were not recognized by the Ministry of Education, making
    it impossible for students to progress in the educational system. Local
    and international NGOs expressed concern that persons with disabilities
    were more vulnerable to rape, assault, and other forms of exploitation
    than other groups within their communities.
        While there were no government restrictions on voting by persons
    with disabilities, most such individuals could not participate in
    elections during the year due to issues of access. In February the
    National Independent Electoral Commission denied a request to make
    polling stations more accessible, claiming limitations in funding and
    time.

        National/Racial/Ethnic Minorities.--The constitution requires
    ethnic quotas for representation within the Government and in the
    security forces. Hutus, who constitute an estimated 85 percent of the
    population, significantly increased their presence and power in the
    Government following the 2005 and 2010 elections; however, the minority
    Tutsis have historically held political and economic advantages.

        Indigenous People.--The Batwa, believed to be the country's
    earliest inhabitants, represent less than 1 percent of the population.
    They generally remained economically, socially, and politically
    marginalized and were victims of violence during the year. However, the
    Government instituted several measures to address the Batwa's
    traditional isolation. Local administrations must provide free
    schoolbooks and health care for all Batwa children. The Government also
    provided small acreages, when possible, for Batwa who wished to become
    farmers and allocated approximately two acres of land per family, the
    average size of farmstead of the country's rural poor.
        The Union for the Promotion of Batwa reported that on October 23,
    three Batwa were killed and 32 houses of Batwa families were
    systematically burned in Gahombo Commune, Kayanza Province. The
    families fled the area to avoid further attack from the local
    population. Despite widespread media coverage of the attack, no
    suspects were arrested in the case at year's end.

        Societal Abuses, Discrimination, and Acts of Violence Based on
    Sexual Orientation and Gender Identity.--The law criminalizes
    homosexual acts, and anyone who has sexual relations with a person of
    the same sex can be fined or sentenced to between three months' and two
    years' imprisonment. At year's end no one was prosecuted under this
    provision.
        Although discrimination existed, it was not always overt or
    widespread. Families sometimes disowned children who refused to deny
    their homosexual identity, and gays and lesbians often entered
    opposite-sex marriages due to social pressure. The lesbian, gay,
    bisexual, and transgender (LGBT) rights organization Humure reported
    that 90 percent of the men they surveyed who engaged in male-to-male
    sex were married. Representatives of the LGBT community stated that
    after the 2009 passage of the revised penal code criminalizing same sex
    relations, they were subjected to more discrimination, but the number
    of cases remained small. The Government took no steps to counter
    discrimination against gays and lesbians.

        Other Societal Violence or Discrimination.--The constitution
    specifically outlaws discrimination against persons with HIV/AIDS or
    other ``incurable'' illnesses. There were no reports of government-
    sponsored discrimination against such individuals, although some
    observers suggested the Government was not actively involved in
    preventing societal discrimination.
        Sporadic killings of persons with albinism occurred during the year
    (see section 1.a.). In January the ASF reported that persons with
    albinism were still seeking protection near communal administrative
    centers because they were afraid to return to their homes after a
    series of attacks and killings in 2009 and during the year. One woman
    fled her home for a safer location after her child with albinism was
    threatened in Makamba Province (see section 6, Children). Health issues
    involving eyesight or prolonged sun exposure often affected the ability
    of persons with albinism to participate fully in school or the
    workforce. The ASF reported that efforts to educate the population
    about the issues affecting persons with albinism helped to improve the
    situation.
    Section 7. Worker Rights

        a. The Right of Association.--The constitution and the labor code
    protect the right of workers to form and join unions without previous
    authorization or excessive requirements. According to the Confederation
    of Burundian Labor Unions (COSYBU), less than 10 percent of the formal
    private sector workforce was unionized, while an estimated 50 percent
    of the public sector was unionized. Although most civil servants
    exercised their right to unionize, the armed forces and foreigners
    working in the public sector are prohibited from participation in
    unions. The law also prevents workers under the age of 18 from joining
    unions without the consent of their parents or guardians. According to
    COSYBU, many private sector employers systematically worked to prevent
    the creation of trade unions, and the Government failed to protect
    private sector workers' rights in practice. Relations between COSYBU
    and the Government remained poor.
        Local human rights NGOs continued to report widespread
    discriminatory hiring practices for government jobs based on
    applicants' political affiliations, despite a law prohibiting such
    practices.
        Most citizens worked in the unregulated informal economy, which is
    not protected by the labor law. COSYBU stated that virtually no
    informal sector workers had written employment contracts; according to
    government statistics, only 5 percent had them.
        The law provides workers with a conditional right to strike but
    bans solidarity strikes and sets strict conditions under which a
    general strike may occur. All peaceful means of resolution must be
    exhausted prior to the strike; negotiations must continue during the
    action, mediated by a mutually agreed-upon party or by the Government;
    and six days' notice must be given to the employer and the Ministry of
    Civil Service, Labor, and Social Security. Before a strike is allowed,
    the ministry must determine whether strike conditions have been met.
    The ministry has a de facto veto power over all strikes.
        The labor code prohibits retribution against workers participating
    in a legal strike, but labor leaders continued to suffer abuse.
        In February a committee member of the SOSUMO trade union was
    demoted after publicizing illicit practices by the company's
    management. Prior to civil society intervention and ensuing media
    coverage in the case, he was threatened with termination.
        The leaders of teacher's trade unions recorded widespread
    harassment throughout the country during and after their strike in
    March to April.
        For example, on March 17, in both Mutambu Commune and Kabezi
    Commune in Bujumbura Rural, communal administrators using megaphones
    urged the population to attack striking teachers. On April 19, at
    numerous schools throughout the country, when teachers withheld final
    exam results as a means of protesting the Government's failure to pay
    salary arrears, school principals encouraged students to retaliate with
    violence.
        Ligue Iteka stated that a teacher named Athanase Mashandali was
    fired because he refused to join the CNDD-FDD party and, as teachers'
    trade union president in Bubanza Province, had encouraged teachers to
    strike. In 2008 Mashandali, provincial representative of the Bubanza
    teachers' trade union, was approached by the CNDD-FDD to join the
    party, but he declined. In April 2009 the school director (a CNDD-FDD
    member) accused Mashandali of stealing two dictionaries. Mashandali was
    subsequently indicted by the Bubanza High Court. He appeared before the
    court three times, most recently on April 1. On May 27, the school
    director suspended Mashandali from all teaching activities. On July 27,
    the court acquitted him. At year's end Mashandali was seeking a meeting
    with the new minister of basic and secondary education to seek
    reinstatement. Mashandali stated that the school director fabricated
    the charges against him and that he was fired because of his political
    affiliation and his trade union activities.

        b. The Right to Organize and Bargain Collectively.--The law allows
    unions to conduct their activities without interference, but the
    Government frequently interfered with unions and intimidated or
    harassed their leaders. The law also recognizes the right to collective
    bargaining, and it was freely practiced. Wages, however, are excluded
    from the scope of collective bargaining in the public sector; instead,
    wages were set according to fixed scales, following consultation with
    unions.
        Since most salaried workers were civil servants, government
    entities were involved in almost every phase of labor negotiations.
    Both COSYBU and the Confederation of Free Unions represented labor
    interests in collective bargaining negotiations, in cooperation with
    individual labor unions. Civil servant unions must be registered with
    the Ministry of Labor. There were no reliable statistics on the
    percentage of workers covered by collective agreements.
        The law prohibits antiunion discrimination; however, the Government
    often failed to respect this right in the public sector. The Government
    often retaliated against union members through the use of transfers,
    demotions, and reduced responsibility under false pretenses.
        According to the International Trade Union Confederation (ITUC),
    the Government often failed to protect workers in the private sector
    from discrimination by employers.
        In 2008 the vice president of the Justice Ministry's Administrative
    Workers Union, Juvenal Rududura, was arrested for allegedly lying
    during a television interview in which he criticized government
    policies. Following prolonged detention without trial, he was released
    on his own recognizance in July 2009. However, his movements were
    restricted, he was not permitted to leave the city, and his activities
    were closely monitored by the Government. In September 2009 his trial
    entered the deliberation phase. Under the law deliberations cannot last
    longer than 60 days. At year's end the case continued under
    deliberation. Rududura was not able to move about freely and had to
    appear before a judge every three months.
        There are no export processing zones.

        c. Prohibition of Forced or Compulsory Labor.--The law prohibits
    forced or compulsory labor, including by children; however, reports
    continued that it occurred. Most reports involving adults concerned
    cases of domestic servitude. Forced labor by children involved domestic
    servitude and agriculture. There were no reported cases of forced child
    labor in the production of goods as defined in the Trafficking Victims
    Protection Reauthorization Act.

        d. Prohibition of Child Labor and Minimum Age for Employment.--The
    labor code states that enterprises may not employ children under the
    age of 16, barring the exceptions permitted by the Ministry of Labor.
    These exceptions include light work or apprenticeships that do not
    damage children's health, interfere with their normal development, or
    prejudice their schooling. In accordance with the labor code, the
    minister of labor may permit children ages 12 and up to be employed in
    ``light labor,'' such as selling newspapers, herding cattle, or
    preparing food. Under the penal code the legal age for most types of
    ``nondangerous'' labor is 18. The Government did not effectively
    enforce these laws, and child labor remained a problem. Children less
    than age 16 in rural areas regularly performed heavy manual labor in
    the daytime during the school year, primarily in the agriculture
    sector. According to the ITUC, the vast majority of children in the
    country worked during the year.
        Children were legally prohibited from working at night, although
    many did so in the informal sectors noted below. Most of the population
    lived by subsistence agriculture, and children were obliged by custom
    and economic necessity to participate in the farming of crops,
    primarily bananas, cassava, maize, and beans; family businesses; and
    other informal sector activity such as street vending. Children also
    worked in small, local brick-making enterprises.
        There continued to be reports of children performing household
    domestic labor. As in previous years, there was no indication that
    children were trafficked for commercial sexual exploitation or labor on
    an organized or widespread basis.
        The Ministry of Labor was charged with enforcing child labor laws
    and had multiple enforcement tools, including criminal penalties, civil
    fines, and court orders. However, in practice the laws were seldom
    enforced. Due to a lack of inspectors, the ministry enforced the law
    only when a complaint was filed. The Government acknowledged no cases
    of child labor in the formal sector of the economy during the year and
    had conducted no child labor investigations.
        During the year the Government supported international
    organizations, several NGOs, and labor unions engaged in efforts to
    combat child labor; these efforts included care and training of
    demobilized child soldiers.
        For information on trafficking in persons, please see the
    Department of State's annual Trafficking in Persons Report at
    www.state.gov/g/tip.

        e. Acceptable Conditions of Work.--Although the cost of living rose
    significantly during the year, the legal minimum wage for unskilled
    workers remained 160 francs ($0.13) per day. While some employers
    voluntarily paid their unskilled laborers a minimum of 1,500 francs
    ($1.20) a day, this was far from standard practice. In general
    unskilled workers' incomes did not provide a decent standard of living
    for a worker and family. Most families relied on second incomes and
    subsistence agriculture to supplement their earnings. The Department of
    Inspection within the Ministry of Labor is charged with enforcing
    minimum wage laws, but there were no reports of enforcement in recent
    years. The legal minimum wage had not been revised in many years, and
    there were no known examples of employer violations. These regulations
    apply to the entire workforce and make no distinction between domestic
    and foreign workers or between the informal and formal sectors.
        The labor code stipulates an eight-hour workday and a 40-hour
    workweek, except for workers involved in national security activities;
    however, this stipulation was not always enforced in practice.
    Supplements must be paid for overtime work. There is no statute
    concerning compulsory overtime; opportunities for compulsory overtime
    were all but nonexistent. Rest periods include 30 minutes for lunch.
    There are no differences for foreign or migrant workers.
        The labor code establishes health and safety standards that require
    safe workplaces. Enforcement responsibility rests with the Ministry of
    Labor, which was responsible for acting upon complaints; however, there
    were no reports of complaints filed with the ministry during the year.
    Workers did not have the right to remove themselves from situations
    that endangered health and safety without jeopardizing their
    employment.
        Small numbers of persons from the neighboring DRC, Tanzania, and
    Rwanda worked in the country but did not constitute a significant
    presence. They were typically undocumented and worked in the informal
    sector.

                                   __________

                                    CAMEROON

        Cameroon, with a population of approximately 19 million, is a
    republic dominated by a strong presidency. The country has a multiparty
    system of government, but the Cameroon People's Democratic Movement
    (CPDM) has remained in power since it was created in 1985. The
    president retains the power to control legislation and rules by decree.
    In 2004 CPDM leader Paul Biya won reelection as president, a position
    he has held since 1982. The election was flawed by irregularities,
    particularly in the voter registration process, but observers concluded
    that the irregularities did not significantly affect election results.
    The 2007 legislative and municipal elections had significant
    deficiencies, including barriers to registration and inadequate
    safeguards against fraudulent voting, according to international and
    domestic observers. There were instances in which elements of the
    security forces acted independently of civilian control.
        Human rights abuses included security force killings; security
    force torture, beatings, and other abuses, particularly of detainees
    and prisoners; harsh and life-threatening prison conditions; and
    arbitrary arrest and detention of citizens advocating secession, local
    human rights monitors and activists, persons not carrying government-
    issued identity cards, and others. There were incidents of prolonged
    and sometimes incommunicado pretrial detention and of infringement on
    privacy rights. The Government harassed and imprisoned journalists,
    restricted freedoms of speech, press, assembly, and association, and
    impeded freedom of movement. Official corruption was pervasive at all
    levels. Societal violence and discrimination against women, female
    genital mutilation (FGM), trafficking in persons (primarily children),
    and discrimination against pygmies and gays and lesbians occurred. The
    Government restricted worker rights and the activities of independent
    labor organizations. Child labor, hereditary servitude, and forced
    labor, including forced child labor, were problems.
                            respect for human rights
    Section 1. Respect for the Integrity of the Person, Including Freedom
            From:

        a. Arbitrary or Unlawful Deprivation of Life.--The Government or
    its agents did not commit any politically motivated killings; however,
    security forces killed persons during the year. The Government
    sometimes investigated and disciplined those responsible for such
    killings.
        On February 11, in Bandjoun, West Region, two gendarmes shot and
    killed Francine Laure Kamdem Kamga, a student from the bilingual high
    school. On April 15, the secretary of state in charge of the
    gendarmerie issued a press release noting the arrest and detention of
    the two gendarmes. The military tribunal subsequently charged the two,
    who remained in Bafoussam Central Prison awaiting trial at year's end.
        In early March an assistant superintendent of the Garoua Central
    Police Station shot and killed his wife after she returned home late at
    night; neighbors held the superintendent and handed him over to police.
    An investigation was ongoing at year's end.
        According to the Report by the Ministry of Justice on Human Rights
    in Cameroon in 2009, released during the year, the Government
    prosecuted at least four security force members for arbitrary killings
    in 2009; it was unclear when the killings occurred or the identity of
    victims since the report provides neither. In January 2009 the Military
    Tribunal of Yaounde sentenced Private Emmanuel Ahidjo to death for
    capital murder. In May 2009 Major Emile Bankou was sentenced to 18
    months in prison for an unintentional murder. Also in 2009 Police
    Inspector Ernest Ngomsia was sentenced to three years in prison for an
    unintentional killing, and a fourth security force member was acquitted
    of murder; no further details were available.
        There were no developments in the investigation of the October 2009
    killing of Jean Baptiste Kamgaing by a gendarme.
        Former police officer Olivier Villot Ehongo, wanted for the
    November 2009 killing of his wife Martine Virginie Ehongo, remained at
    large.
        The Government took no action regarding killings by security forces
    during the 2008 riots, which resulted in more than 200 deaths,
    according to nongovernmental organizations (NGOs).
        On August 10, the Yaounde High Court resumed hearings on the 2006
    killing of Gregoire Diboule, allegedly by Ni John Fru Ndi, chairman of
    the Social Democratic Front (SDF), and 21 other SDF officials who
    belonged to a competing party faction. However, the trial was postponed
    because none of the 21 accused were present, although their lawyers
    appeared for them. The case was postponed four times in 2009.
        Vigilante violence against persons suspected of theft resulted in
    four deaths; 18 persons died from such violence in 2009. Public
    frustration over police ineffectiveness and the release without charge
    of many individuals arrested for serious crimes contributed to
    vigilante violence.
        On March 8, inhabitants of the Bonapriso neighborhood of Douala,
    Wouri Division, Littoral Region, beat to death a bandit who tried to
    strangle a motorbike taxi rider. An investigation was ongoing at year's
    end.
        On July 2, residents of Wone Bakundu, a village in Meme Division,
    South West Region, buried to death Martin Njumbe Ikose, whom residents
    accused of using witchcraft to kill his nephew. Gendarmes arrested the
    perpetrators. An investigation was ongoing at year's end.

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

        c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
    Punishment.--The constitution and law prohibit such practices; however,
    there were credible reports that security forces tortured, beat,
    harassed, and otherwise abused citizens, prisoners, and detainees,
    although there were fewer such cases than in previous years. Security
    forces also reportedly subjected women, children, and elderly persons
    to abuse.
        Security forces reportedly detained and tortured persons at
    specific sites, including temporary holding cells within police or
    gendarme facilities and cells located at the Directorate General of
    External Security (DGRE).
        On February 20, a fight between fishermen and three officers of the
    elite Delta Rapid Intervention Battalion (BIR) occurred at Down Beach,
    Limbe, a major station of the BIR; the fishermen had allegedly molested
    one of the soldiers, according to military officials. On February 21,
    BIR troops raided the Church Street neighborhood where the fishermen
    lived and confiscated several cell phones belonging to fishermen. On
    February 23, BIR troops returned to the fishermen's neighborhood and
    indiscriminately beat residents and smashed cars; 24 persons were
    injured, including three who were transferred to an intensive care
    unit. On March 15, Minister of Defense Mebe Ngo'o dismissed 19 BIR
    members for indiscipline and violence against civilians: three of the
    19 also were sentenced to 60 days in prison for their role as
    instigators of acts of brutality against civilians. The minister also
    announced that 13 other soldiers were sentenced to 45 days in jail and
    that their three commanding officers were sentenced to 20 days in jail.
        According to the Committee to Protect Journalists (CPJ), security
    agents in February used torture to force a journalist to reveal his
    sources (see section 2.a.).
        On May 3, police beat several journalists on their way to a sit-in
    (see section 2.b.).
        On May 9, soldiers Eric Bago and Sadiou (citizens often have only
    one name) of the Fifth BIR, based in Ngaoundere, Vina Division,
    Adamaoua Region, severely beat a motorbike taxi driver who asked to be
    paid after transporting the soldiers. Police arrested the two soldiers,
    who were subsequently detained and transferred to the Garoua Military
    Tribunal, North Region, where they remained in detention at year's end,
    pending an investigation.
        On July 23, six soldiers of the BIR in Yaounde, Mfoundi Division,
    Center Region, severely beat a vendor, who was on a street where an
    altercation occurred between a soldier and residents. A mob intervened
    and subdued two of the soldiers, who police subsequently transferred to
    the neighborhood gendarmerie brigade. The case was forwarded to the
    department of military justice for further investigation, and the two
    soldiers were released pending the results of the ongoing
    investigation.
        There were no developments in the following 2009 security force
    beatings: the January beatings by newly recruited soldiers of
    approximately two dozen residents of Nsoh (Bafut), North West Region;
    and the police beating of Freddy Nkoue, a cameraman working for a
    Douala-based private television station.
        NGO efforts to compile information for a formal complaint against
    security forces involved in use of excessive force during the 2008
    riots were stalled due to inability to obtain the identities of
    perpetrators.

        Prison and Detention Center Conditions.--Prison conditions remained
    harsh and life threatening. Numerous international human rights
    organizations and some prison personnel reported that torture was
    widespread. In Douala's New Bell Prison and other minimum security
    detention centers, prison guards inflicted beatings, and prisoners were
    reportedly chained or at times flogged in their cells. During a May
    2009 visit, foreign government officials found that prison guards
    chained disobedient and violent prisoners in a tiny disciplinary cell,
    where they were reportedly beaten and denied access to food. Security
    forces reportedly stripped prisoners and detainees, confined them in
    severely overcrowded cells, denied them access to toilets or other
    sanitation facilities, and beat them to extract confessions or
    information about alleged criminals.
        Guards and local NGOs reported rapes among inmates. Individuals
    incarcerated in the New Bell Prison for homosexual acts suffered
    discrimination and violence from other inmates.
        Prisoners were kept in dilapidated, colonial-era prisons, where the
    number of inmates was as much as four to five times intended capacity.
    Overcrowding was exacerbated by the large number of pretrial detainees.
    At the end of 2009, the country's 72 prisons, with a capacity of
    15,250, housed 23,368 detainees. Government statistics released in May
    indicated that 12,510 prisoners were held in the 10 central prisons,
    which were intended to hold 4,242. The Yaounde Kondengui Prison,
    originally built for approximately 1,000 inmates, held 3,964 in May,
    according to penitentiary administration statistics.
        Deficiencies in health care and sanitation, which were common in
    all prisons, remained a significant problem. Health and medical care
    were almost nonexistent in detention cells located in gendarmeries and
    police stations. In 2008 the National Commission on Human Rights and
    Freedoms (NCHRF) reported that the daily food allocation per prisoner
    was less than 100 CFA francs (approximately 20 cents). Prisoners'
    families were expected to provide food for them in prison. New Bell
    Prison contained seven water taps for approximately 2,813 prisoners,
    contributing to poor hygiene, illness, and death.
        Corruption among prison personnel was widespread. Pretrial
    detainees reported that prison guards sometimes required them, under
    threat of abuse, to pay ``cell fees,'' money paid to prevent further
    abuse. Prisoners bribed wardens for special favors or treatment,
    including temporary freedom.
        On June 29, the penitentiary administration confirmed harsh prison
    conditions in a document presented to diplomatic missions. The document
    noted overcrowding, poorly maintained and unsound facilities with
    leaking roofs, insufficient toilets and beds, lack of water and
    electricity, scarcity of pharmaceuticals, lack of appropriate kitchens,
    absence of drainage for grey water, and lack of disinfectants.
        Some prisoners were kept in prison after completing their sentences
    or receiving court orders of release due to inability to pay their
    fines. In 2009 for example, more than 100 prisoners remained in New
    Bell Prison despite completing their sentences. Prisons in Buea and
    Kumba also held inmates who had completed their sentences.
        As of May, 480 minors were detained in the country's 10 central
    prisons, 406 of them in pretrial detention; 234 women also were
    detained, 163 of them in pretrial detention.
        There were two separate prisons for women and a few pretrial
    detention centers for women; however, women routinely were held in
    police and gendarmerie complexes with men, occasionally in the same
    cells. Mothers sometimes chose to be incarcerated with their children
    if the children were very young or if they had no other child care
    option. Juvenile prisoners were often incarcerated with adults,
    occasionally in the same cells or wards. There were credible reports
    that adult inmates sexually abused juvenile prisoners. Pretrial
    detainees routinely were held in cells with convicted criminals. Some
    high-profile prisoners, including officials imprisoned for corruption,
    were separated from other prisoners and enjoyed relatively lenient
    treatment.
        In temporary holding cells within police or gendarme facilities,
    adult men, juveniles, and women were held together. Detainees usually
    received no food, water, or medical care; detainees whose families had
    been informed of their incarceration relied on their relatives for food
    and medicine. Overcrowding was common. Detention center guards accepted
    bribes from detainees in return for access to better conditions,
    including permission to stay in an office instead of a cell.
        Many citizens in the North and Far North regions turned to
    traditional chiefs, or lamibe, for dispute resolution, and the
    Government continued to permit lamibe to temporarily detain persons
    until they transferred them to the police or gendarmerie and the
    judicial system. Such detentions could last several weeks or months,
    depending on the availability of lamibe, the gravity of the offense,
    the distance to the nearest security office, and the availability of
    security officers, complainants, and transportation. Within the palaces
    of the traditional chiefdoms of Rey Bouba, Gashiga, Bibemi, and
    Tcheboa, there were private prisons that had reputations for serious
    abuse. For example, those incarcerated were often tied to a post with
    chains attached to their wrists and ankles. During an April visit in
    the North and Far North regions, lamibe claimed to foreign diplomats
    that such detention facilities no longer existed, although incriminated
    subjects were often held under the veranda of a hut and could be seen
    by passersby.
        Prisoners were permitted religious observance. Authorities
    permitted prisoners and detainees to submit complaints to judicial
    authorities without censorship. During a May 2009 visit to the Buea
    Prison, diplomatic mission employees observed prisoners talking to the
    prosecutor and complaining about their conditions. The secretary of
    state for penitentiary administration and the inspector general in
    charge of penitentiary administration investigated credible allegations
    of inhumane conditions and acknowledged the existence of such
    conditions publicly; however, no action was taken during the year. The
    NCHRF also conducted investigations during the year and publicly
    denounced poor detention conditions. The NCHRF also acted on behalf of
    prisoners or detainees to alleviate overcrowding, address the status of
    juvenile offenders, improve pretrial detention conditions, and other
    matters.
        The Government permitted international humanitarian organizations
    access to prisoners. Both the local Red Cross and the NCHRF made
    infrequent, unannounced prison visits during the year. The Government
    continued to allow the International Committee of the Red Cross (ICRC)
    to visit prisons. ICRC visits were conducted during the year in
    accordance with standard modalities.
        The Government took steps to improve prison conditions. Phase two
    of the Improvement of Detention Conditions and Respect for Human Rights
    initiative resulted in 22 new wells, 732 new mattresses, and medical
    equipment for the country's prisons. In addition, the 10 medical
    doctors, 30 nurses, and 40 nurse aides that the Government recruited in
    late 2009 to work full-time in prisons became fully operational during
    the year. The Government also increased prison nutrition allowances
    during the year, which resulted in the provision of two daily meals
    instead of one in some prisons. In May the secretary of state in charge
    of penitentiary administration organized a workshop for 100
    penitentiary officials and prison superintendants on respect for
    prisoner rights.

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

        Role of the Police and Security Apparatus.--The national police,
    DGRE, Ministry of Defense, Ministry of Territorial Administration, and,
    to a lesser extent, Presidential Guard are responsible for internal
    security. The Ministry of Defense, which includes the gendarmerie, the
    army, the army's military security unit, and the DGRE, reports to an
    office of the presidency, resulting in strong presidential control of
    security forces. The national police include the public security force,
    judicial police, territorial security forces, and frontier police. The
    national police and the gendarmerie have primary responsibility for law
    enforcement, although the gendarmerie alone has responsibility in rural
    areas.
        Police were ineffective, poorly trained, and corrupt (see section
    4). Citizens viewed police as ineffective and often resorted to
    vigilante violence rather than calling police (see section 1.a.).
        Impunity was a problem; however, some abusers were sanctioned.
        According to media reports, during the year authorities sanctioned
    at least 41 security officers, including 21 soldiers and gendarmes and
    20 police officers; offenses included harassment of citizens,
    corruption, extortion of funds, disregard of orders, forgery, and
    dangerous use of firearms.
        According to the Report by the Ministry of Justice on Human Rights
    in Cameroon in 2009, a total of 599 police officers and 18 gendarmes
    were sanctioned in 2009 for acts ranging from failure to follow orders
    to corruption, falsification of official documents, abuse of authority,
    use of excessive force, extortion of money, arbitrary arrest,
    blackmail, aggravated theft, and dangerous use of arms; sanctioned acts
    included those committed in 2009 and in previous years. Preliminary
    administrative punishments--actions taken immediately after the
    perpetration of the offense--ranged from written warnings to
    suspensions of up to six months and imprisonment for 10 to 12 days.
    More serious cases were transferred to the judiciary for prosecution
    and sentencing, which could take months or even years.
        According to the Report by the Ministry of Justice on Human Rights
    in Cameroon in 2009, at least 10 security officers were prosecuted in
    2009 for torture; however, no details were provided. Twenty others were
    prosecuted in 2009 for physically harming citizens, including the
    following: Senior Warrant Officer Jean Abanda Abanda, who was sentenced
    in December to two years' imprisonment for ``slight harm;'' Police
    Superintendant Afana Akomezoa, who was sentenced in December to one
    year in prison for ``simple threats and slight harm;'' and Warrant
    Officer Bertin Ateba, who was fined 25,000 CFA francs ($50) in December
    for assault on a superior and others. While not providing the date of
    sentencing in the following cases, the report also noted that Police
    Constable Theophile Ouaboube Zengoba was sentenced to five years in
    prison for ``dangerous carriage of arms and simple harm,'' and Police
    Constable Michel Mbock Mbock was fined 50,000 CFA francs ($100) and
    court costs for unspecified charges.
        In 2009 the Military Tribunal of Yaounde tried 15 soldiers and
    gendarmes for crimes ranging from corruption to murder; 13 of the 15
    were sentenced to at least one year in prison, and one was sentenced to
    death (see section 1.a.). Another 55 soldiers and gendarmes were being
    detained and awaiting trial for crimes, including false arrest,
    assault, torture, and murder.
        In May the penitentiary administration of the Ministry of Justice
    organized a four-day workshop for penitentiary officials and prison
    superintendents on respecting prisoner rights.

        Arrest Procedures and Treatment While in Detention.--The law
    requires that police obtain a warrant for an arrest, except when a
    person is caught in the act of committing a crime; however, police
    often did not respect this requirement. The law provides that detainees
    be brought promptly before a magistrate; however, this frequently did
    not occur. Police legally may detain a person in connection with a
    common crime for up to 48 hours, renewable once. This period may, with
    the written approval of the State Counsel, be exceptionally extended
    twice before bringing charges; however, police occasionally exceeded
    these detention periods. The law permits detention without charge--or
    renewable periods of 15 days--by administrative authorities such as
    governors and civilian government officials serving in territorial
    command. The law also provides for access to legal counsel and family
    members; however, detainees were frequently denied access to both. The
    law permits bail, allows citizens the right to appeal, and provides the
    right to sue for unlawful arrest, but these rights were seldom
    exercised.
        Police and gendarmes frequently arrested persons on Friday
    afternoons, although the number of such cases decreased during the
    year, according to NGOs and legal practitioners. Although the law
    provides for judicial review of an arrest within 24 hours, the courts
    did not convene on weekends, so individuals arrested on a Friday
    typically remained in detention until Monday at the earliest. According
    to some reports, police and gendarmes occasionally made such ``Friday
    arrests'' on spurious charges after accepting bribes from persons who
    had private grievances. Security forces and government authorities
    reportedly continued to arbitrarily arrest and detain persons, often
    holding them for prolonged periods without charges or trial and, at
    times, incommunicado.
        Police arbitrarily arrested persons without warrant during
    neighborhood sweeps for criminals and stolen goods. Citizens were
    required to carry identification with them at all times, and police
    frequently arrested persons without identification during sweeps. On
    September 8, October 8, October 23, and October 26, police conducted
    such sweeps in the Yaounde neighborhoods of Obobogo, Mimboman, Nsam,
    Elig Edzoa, and Manguier; hundreds of persons were arrested. While
    security forces subsequently released some detainees, others were kept
    and transferred to the Prosecutor's Office on various charges,
    including theft, aggression, and evasion.
        The Delegate General for National Security (DGSN) claimed a policy
    of zero tolerance for police harassment; however, police and gendarmes
    subjected undocumented immigrants from Nigeria and Chad to harassment
    and imprisonment. During raids members of the security forces extorted
    money from those who did not have regular residence permits or who did
    not have valid receipts for store merchandise. Some members of the
    country's large community of Nigerian immigrants complained of
    discrimination and abuse by government officials.
        During the year the Government arrested Southern Cameroons National
    Council (SCNC) activists for participating in SCNC activities (see
    section 3).
        Security forces arrested a human rights activist during the year
    (see section 5).
        Security forces arbitrarily arrested leaders of the Cameroonian
    Union of Journalists during a demonstration during the year (see
    section 2.b.).
        Unlike in the previous year, police did not arbitrarily arrest
    women on the street suspected of prostitution.
        Approximately 220 persons arrested during the 2008 riots remained
    imprisoned at year's end; all had been tried and convicted. An
    estimated 500 prisoners with lesser sentences were released during the
    year and in 2009 as a result of presidential amnesties; 951 detainees
    were released several days after their 2008 arrest.
        In 2008 the Government claimed it arrested 1,671 persons during the
    riots, although NGOs claimed the number was higher and that security
    forces arrested scores of onlookers not directly involved in
    demonstrations or rioting.
        In the North and Far North regions, the Government continued to
    permit traditional chiefs, or lamibe, to detain temporarily persons
    outside the Government penitentiary system, in effect creating private
    prisons, until they transferred them to the police or gendarmerie and
    the judicial system (see section 1.c.). During the year the Government
    sentenced traditional ruler Jean Claude Enyegue Atanga to 20 years'
    imprisonment for false arrest.
        The law provides for a maximum of 18 months' detention before
    trial; however, lengthy pretrial detention was a serious problem.
    According to government statistics released in May, pretrial detainees
    represented 68 percent of the approximately 12,510 inmates in the
    country's 10 central prisons; 2009 statistics indicated that 62 percent
    of inmates in the country's main and secondary prisons were pretrial
    detainees. Many pretrial detainees had been awaiting trial for five to
    10 years, according to a 2008 statement by the Cameroon Bar
    Association. The law precludes holding juvenile detainees more than
    three months after the conclusion of an investigation; however,
    juveniles were sometimes held for more than a year. The high number of
    pretrial detainees was due to judicial inefficiency, staff shortages,
    and corruption. The bar association attributed lengthy pretrial
    detention to a shortage of lawyers and lost files due to an inadequate
    tracking system.

        e. Denial of Fair Public Trial.--The constitution and law provide
    for an independent judiciary; however, the judiciary remained corrupt,
    inefficient, and subject to political influence. The court system is
    subordinate to the Ministry of Justice. The constitution names the
    president as ``first magistrate,'' thus ``chief'' of the judiciary and
    the theoretical arbiter of any sanctions against the judiciary,
    although the president has not publicly played this role. The
    constitution specifies that the president is the guarantor of the legal
    system's independence. He also appoints all judges with the advice of
    the Higher Judicial Council.
        On at least one occasion during the year, however, the judiciary
    demonstrated independence. On November 4, the Military Chamber of the
    Yaounde Court of Appeal overruled a decision of the military tribunal,
    which in March 2009 had sentenced journalists Jacques Blaise Mvie and
    Charles New and soldier Jeremie Doko to five years in jail following a
    complaint filed by former minister of defense Remy Ze Meka. The charges
    included calumny, offense to a government member, and the divulging of
    defense secrets. According to the Court of Appeal, the facts
    incriminating the three accused had not been established.
        The legal system includes both national and customary law, and many
    criminal and civil cases can be tried using either one. Criminal cases
    were generally tried in statutory courts.
        Customary courts served as a primary means for settling domestic
    cases, such as succession, inheritance, and child custody. Customary
    courts may exercise jurisdiction in a civil case only with the consent
    of both parties. Either party has the right to have a case heard by a
    statutory court and to appeal an adverse decision by a customary court
    to the statutory courts. Customary court convictions involving
    witchcraft are automatically transferred to the statutory courts, which
    act as the court of first instance.
        Customary law is deemed valid only when it is not ``repugnant to
    natural justice, equity, and good conscience.'' However, many citizens
    in rural areas remained unaware of their rights under civil law and
    were taught that they must abide by customary laws. Customary law
    ostensibly provides for equal rights and status; however, men may limit
    women's rights regarding inheritance and employment, and some
    traditional legal systems treat wives as the legal property of their
    husbands. Customary law practiced in rural areas is based upon the
    traditions of the ethnic group predominant in the region and
    adjudicated by traditional authorities of that group.
        Military tribunals may exercise jurisdiction over civilians when
    the president declares martial law and in cases involving civil unrest
    or organized armed violence. Military tribunals also have jurisdiction
    over gang crimes, banditry, and highway robbery. The Government
    interpreted these guidelines broadly and sometimes used military courts
    to try matters concerning dissident group members who used firearms.
        In May the Ministry of Justice organized a refresher course for all
    magistrates on ways of effectively applying international norms
    relating to human rights.

        Trial Procedures.--The law provides for a fair public hearing in
    which the defendant is presumed innocent. There is no jury system.
    Defendants have the right to be present and to consult with an attorney
    in a timely manner, and the Government generally respected this right.
    Defendants generally were allowed to question witnesses and to present
    witnesses and evidence on their own behalf. Defendants had access to
    government-held evidence relevant to their cases and could appeal their
    cases. Because appointed attorneys received little compensation, the
    quality of legal representation for indigent clients often was poor.
    The bar association and some voluntary organizations such as the
    Cameroonian Association of Female Jurists offered free assistance in
    some cases. The European Union-funded program for the improvement of
    the condition of detainees and human rights (PACDET II) also allowed
    lawyers to continue to offer free assistance to 3,000 detainees.The
    April 2009 legal aid bill to facilitate judicial access for all
    citizens was not implemented during the year. In April 2009 the
    president signed into law a legal aid bill to facilitate judicial
    access for all citizens. The new law establishes legal aid commissions
    at the courts of first instance, high courts, military tribunals,
    courts of appeal, and the Supreme Court. The law also specifies the
    conditions for legal aid applications, explains the effects of legal
    aid, and identifies the conditions for withdrawal of such aid. In 2009
    lawyers and human rights organizations observed several violations of
    the criminal procedure code in the Government's response to the
    February 2008 unrest. Some detainees in police or gendarmerie cells did
    not receive medical assistance or access to an attorney. Jean de Dieu
    Momo, a human rights lawyer, and Madeleine Afite, a representative of
    Action of Christians for the Abolition of Torture, publically denounced
    these violations. Afite stated that arrested minors received no
    assistance from their parents, attorneys, or human rights
    organizations, as the code mandates.

        Political Prisoners and Detainees.--There were reports of political
    detainees, which included citizens purportedly advocating secession
    through an illegal organization (see section 3).
        During the year the Yaounde High Court repeatedly postponed the
    trial of two detainees widely considered by human rights NGOs to be
    political prisoners. Titus Edzoa, former minister of health and long-
    time aide to President Biya, and Michel Thierry Atangana, Edzoa's 1997
    campaign manager, were arrested in 1997, three months after Edzoa
    resigned from the Government and launched his candidacy for president.
    They were convicted on charges of embezzling public funds and sentenced
    to 15 years in prison. Both Edzoa and Atangana complained of
    irregularities in their trials and restricted access to counsel. At the
    end of 2009, the prosecutor filed new charges against both men for
    embezzlement, and hearings started a few weeks later.

        Civil Judicial Procedures and Remedies.--The constitution and law
    provide for an independent civil judiciary; however, the judiciary
    remained subject to executive influence, and corruption and
    inefficiency remained serious problems. Citizens have the right to seek
    redress for alleged wrongs through administrative procedures or through
    the legal system, although both options involved lengthy delays. There
    were problems enforcing civil court orders due to bureaucratic
    inefficiency and delay.

        f. Arbitrary Interference With Privacy, Family, Home, or
    Correspondence.--The constitution and law prohibit such actions;
    however, these rights were subject to restriction by the ``higher
    interests of the state,'' and there were credible reports that police
    and gendarmes harassed citizens, conducted searches without warrants,
    and opened or seized mail with impunity. The Government continued to
    keep some opposition activists and dissidents under surveillance.
    Police sometimes detained family members and neighbors of criminal
    suspects.
        The law permits a police officer to enter a private home during
    daylight hours without a warrant if he is pursuing a criminal suspect.
    A police officer may enter a private home at any time in pursuit of a
    person observed committing a crime.
        Unlike in the previous year, there were no reports that police put
    the houses of SCNC officials and activists under surveillance, searched
    the houses of SCNC leaders, or disrupted SCNC meetings in private
    residences. The SCNC is an anglophone group the Government considers
    illegal because it advocates secession. The group does not have legal
    status as it has never filed an application to become either a
    political party or other legally recognized organization.
        An administrative authority, including a governor or prefect, may
    authorize police to conduct neighborhood sweeps without warrants. Such
    sweeps at times involved forced entry into homes in search of suspected
    criminals or stolen or illegal goods. Security forces sometimes sealed
    off a neighborhood, systematically searched homes, arrested persons,
    sometimes arbitrarily, and seized suspicious or illegal articles (see
    section 1.d.). Citizens without identification cards were detained
    until their identity could be established and then released. There were
    several complaints that police arbitrarily confiscated electronic
    devices and cell phones.
        Unlike in the previous year, there were no reports that traditional
    chiefs arbitrarily evicted persons from their land.
    Section 2. Respect for Civil Liberties, Including:

        a. Freedom of Speech and Press.--The law provides for freedom of
    speech and of the press; however, the Government severely restricted
    these rights in practice. Security forces allegedly tortured and
    arrested, detained, harassed, and intimidated journalists during the
    year, particularly those that covered official corruption. One such
    journalist died in prison during the year as a result of inadequate
    medical care. The Government enforced media regulations irregularly,
    often implementing arduous requirements selectively for regime critics.
    Government officials used expansive libel laws to arraign journalists
    who criticized them. Attacks on journalists dramatically increased
    during the year, according to members of the African Federation of
    Journalists, the Union of Communication Professionals in Africa, and
    the National Syndicate of Cameroon Journalists. Journalists and media
    outlets practiced self-censorship.
        Government officials threatened, harassed, and denied equal
    treatment to individuals or organizations that criticized government
    policies or expressed views at odds with government policy.
        For example, information surfaced during the year that in January
    2009 a security officer arrested Roland Fube Fonwi Tita, a chemistry
    teacher at the English High School in Yaounde, for plotting to
    assassinate the president and some ministers; the security official had
    overheard Fube criticize the president during a taxi ride with other
    passengers. Fube was taken to a gendarmerie and later released. On
    February 4, Fube was detained and charged with making disparaging
    remarks about the president. On March 3, he was released on bail, and
    the case remained pending at year's end.
        On March 8, gendarmes arrested and detained Bertrand Teyou for
    talking about the president in ``insidious terms'' during the
    dedication ceremony on the same day of his book The Antecode Biya.
    Teyou was subsequently charged with conspiracy, incitement to
    rebellion, attempt to disturb public order, and perilous activity.
    Teyou, who was detained for eight days, was again arrested and detained
    on November 9 in connection with the release of another book, The
    Beauty of the Banana Republic: Chantal Biya, From the Street to the
    Palace. On November 19, the Douala Court of First Instance found Teyou
    guilty of defamation, insult, and illegal protest, and sentenced him to
    pay a fine of two million CFA francs ($4,000). Teyou, who could not pay
    the fine, remained in jail at year's end.
        During the year approximately 200 privately owned newspapers were
    published; however, only an estimated 25 had sufficient funds to
    publish regularly. Independent newspapers continued to criticize the
    Government and report on controversial issues, including corruption,
    human rights abuses, homosexual practices, and economic policies. The
    Government continued to disburse official funds to support private
    press outlets, although it dispersed funds selectively to outlets that
    were less critical of the Government and with instructions to provide
    reporting favorable to the regime.
        Security forces arrested numerous journalists during the year.
        On February 5, DGRE officers arrested without charge and detained
    incommunicado Serges Sabouang, editor of the bi-monthly La Nation, and
    Simon Herve Nko'o, a reporter with the weekly Bebela, for one week for
    illegally possessing a document that could tarnish the image of
    government officials. The document allegedly implicated Laurent Esso,
    the secretary general of the presidency and board chairman of the
    state-run National Hydrocarbons Company, in secret payouts totaling 1.3
    billion CFA francs ($2.6 million) to three government officials
    involved in the 2008 purchase of an offshore vessel, reportedly
    purchased to entertain potential investors. According to the CPJ, which
    obtained a copy of a February 22 medical certificate detailing the
    condition of Nko'o upon release, security agents used torture to force
    Nko'o to reveal his sources. The certificate revealed that Nko'o had
    bruises on the soles of his feet, and the journalist told the doctor
    that he had been subjected to water boarding, sleep deprivation, and
    exposure to cold. Sabouang was interrogated, but not tortured.
        Also on February 5, DGRE agents briefly detained and interrogated
    for 12 hours Robert Mintya, editor of the weekly Le Devoir, and Germain
    Ngota (Bibi) Ngota, editor and founder of the independent bimonthly
    Cameroon Express, in connection with the same document. Ngota
    subsequently went into hiding.
        On February 26, police in Yaounde rearrested Mintya, Ngota (who had
    resurfaced), and Sabouang for forging the signature of a government
    official on the same document; the charge constitutes a criminal
    offense and is punishable by up to 15 years' imprisonment. Police
    released the three journalists a few days later; however, on March 10,
    they were rearrested and detained at Kondengui Prison in Yaounde. On
    April 22, Ngota, who suffered from gout, joint pain, high blood
    pressure, and a hernia, died from lack of medical attention. According
    to local media, Ngota's mother tried unsuccessfully to get relevant
    authorities to pay attention to Ngota's medical situation. A subsequent
    government investigation claimed Ngota died of AIDS-related
    complications. Following strong international pressure, the Government
    on November 25 released Mintya and Sabouang on their own recognizance,
    although both journalists still faced sentences of up to 20 years'
    imprisonment.
        According to information made public during the year and released
    by the CPJ, the Government in 2009 lodged criminal charges against four
    leading journalists and an academic for commenting during a 2008
    television program on the case of Yves Michel Fotso, a former executive
    at the national airline charged with corruption. Among those named was
    Spectrum TV Editor-in-Chief Thierry Ngogang, freelance journalist Alex
    Gustave Azebaze, Canal 2 International reporter Anani Rabier Bindze,
    and Jean-Marc Soboth, a prominent journalist and leading press freedom
    activist charged with ``biased commentary'' and ``unauthorized
    disclosure of a confidential document.'' In January Soboth went into
    hiding after receiving anonymous death threats, according to local
    journalists.
        Security forces obstructed journalists from reporting on the cases
    of former officials indicted in Operation Sparrowhawk, an official
    investigation of former officials accused of mismanaging public funds.
    According to the CPJ, for example, on January 17, officers at the State
    Secretariat for Defense in Yaounde briefly detained Nadege Christelle
    Bowa and confiscated her notes from an interview with Thierry Michel
    Atangana, a former presidential adviser, on corruption charges. On
    February 24, police detained reporter Justin Blaise Akono and forced
    him to delete courtroom photos taken during a hearing in the trial of
    Titus Edzoa, a former presidential adviser accused of embezzlement.
        According to the CPJ, the trial continued of Editor-in-Chief Charly
    Ndi Chia and Yaounde Bureau Chief Yerima Kini Nsom of the English-
    language biweekly The Post over an October 2009 story referencing the
    criminal case of Doh Gah Gwanyin III, a former local official convicted
    of involvement in the murder of an opposition politician in 2006.
    Following the first hearing in November 2009, the trial was repeatedly
    delayed due to the plaintiff's health.
        Press freedom is constrained by strict libel laws that suppress
    criticism. These laws authorize the Government, at its discretion and
    the request of the plaintiff, to criminalize a civil libel suit or to
    initiate a criminal libel suit in cases of alleged libel against the
    president and other high government officials. Such crimes are
    punishable by prison terms and heavy fines. The libel law places the
    burden of proof on the defendant. Government officials abused this law
    to keep local journalists from reporting on corruption and abusive
    behavior.
        There were developments in several 2009 libel cases.
        On January 13, Jean Bosco Talla, editor of the independent weekly
    Germinal, was released from Kondengui Prison after he paid a three
    million CFA francs ($6,000) fine. In December 2009 Talla was sentenced
    to the fine and a suspended one-year prison term for alleged libel
    against President Biya, who Talla claimed had betrayed a ``secret
    homosexual pact'' with former president Ahidjo.
        On January 30, the Yaounde Court of Appeals confirmed the October
    2009 sentence imposed by a lower court of 14 months in prison and a
    fine of one million CFA francs ($2,000), damages of five million CFA
    francs ($10,000), and costs of 265,000 CFA francs ($530) against Michel
    Mombio, editor of the independent newspaper L'Ouest Republicain; Mombio
    was charged with fraud, attempted blackmail, and libel after he wrote
    an article criticizing cabinet officials. On February 15, the court
    released Mombio on bail after he paid the fines.
        Also on January 30, the Douala Court of Appeals confirmed the
    three-year prison sentence imposed by a lower court in January 2009 on
    Lewis Medjo, publisher of La Detente Libre, who was arrested in 2008.
    Medjo was released on May 26, following a meeting between President
    Biya and UN Secretary General Ban Ki-moon.
        On September 25, the Union of Press Editors of Central Africa
    issued a press release on behalf of Guy Constantin Moussi, publisher of
    the Indices newspaper; Moussi was tried during the year for publishing
    an article in March that accused Elajeli Musbah of trafficking in
    foreign currency. According to the union's press release, Elajeli
    Musbah, the local representative of Libyan airline Afriqiyah, had
    exerted strong pressure on magistrates to condemn the publisher. The
    December 16 hearing on the case in the Douala first instance court was
    postponed to January 2011.
        Radio remained the most important medium and reached most citizens.
    There were approximately 70 privately owned radio stations operating in
    the country, three-fourths of them in Yaounde and Douala. Television
    had lower levels of penetration than print media but was more
    influential in shaping public opinion in urban areas. There was one
    private cable television network. The five independent television
    stations skirted criticism of the Government, although their news
    broadcasts sometimes focused on poverty, unemployment, and poor
    education, pointing to the role of government neglect and corruption.
    The state-owned Cameroon Radio and Television (CRTV) broadcast on both
    television and radio. The Government levied taxes to finance CRTV
    programming, which gave CRTV a distinct advantage over independent
    broadcasters.
        The Government required nonprofit rural radio stations to submit
    applications to broadcast, but they were exempt from licensing fees.
    Potential commercial radio and television broadcasters must submit a
    licensing application and pay an application fee with the application.
    After a license is issued, stations must pay an annual licensing fee,
    which was expensive for some stations. Although the Government did not
    issue new broadcast licenses during the year, companies operated
    without them under a government policy of administrative tolerance.
        On January 3, the minister of communication authorized the
    reopening of the Sky One FM Radio station, which he closed in August
    2009 after the station refused to stop broadcasting the program Le
    Tribunal, which allowed listeners to air grievances and seek
    assistance. The radio station complied with the minister's demands,
    which included cancelling Le Tribunal.
        Several rural community radio stations functioned with funding from
    the UN Educational, Scientific, and Cultural Organization and foreign
    countries. The Government prohibited these stations from discussing
    politics.
        The law permits broadcasting by foreign news services that partner
    with national stations. The BBC, Radio France International, and
    Africa1 broadcast in partnership with CRTV.
        The Government was the largest advertiser in the country. Some
    private media enterprises reported that government officials used the
    promise of advertising (or the threat of withholding it) to influence
    reporting of the Government's activities.
        On March 9, the CPJ wrote a letter to President Biya expressing
    concern about ongoing abuses against press freedom. The CPJ called on
    the president to hold members of his administration accountable for
    using security forces and criminal laws to settle scores with the media
    and urged the president to initiate reforms that would refer matters of
    defamation to civil courts.

        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 International Telecommunication Union statistics for 2009,
    Internet penetration in the country was approximately 2.2 percent.

        Academic Freedom and Cultural Events.--Although there were no legal
    restrictions on academic freedom, state security informants reportedly
    operated on university campuses. Professors said that participation in
    opposition political parties or public criticism of the Government
    could affect their professional opportunities.

        b. Freedom of Peaceful Assembly and Association.--Freedom of
    Assembly.--The law provides for freedom of assembly; however, the
    Government restricted this right in practice. The law requires
    organizers of public meetings, demonstrations, and processions to
    notify officials in advance but does not require prior government
    approval of public assemblies and does not authorize the Government to
    suppress public assemblies that it has not approved in advance.
    However, officials routinely asserted that the law implicitly
    authorizes the Government to grant or deny permission for public
    assembly. Consequently, the Government often refused to grant permits
    for assemblies organized by persons or groups critical of the
    Government and used force to suppress public assemblies for which it
    had not issued permits.
        Authorities refused to grant the SCNC permission to hold rallies
    and meetings, and security forces arrested and detained SCNC activists
    (see section 3). Security forces forcibly disrupted demonstrations,
    meetings, and rallies of citizens, trade unions, and political
    activists throughout the year. The use of excessive force by security
    forces resulted in numerous injuries.
        The Government banned some union activities during the year (see
    section 7.a.).
        On May 3, security forces prevented approximately 200 members of
    the Union of Cameroonian journalists (UCJ) from holding a sit-in near
    the Office of the Prime Minister; the journalists were assembling to
    protest the harassment, arrest, and detention of their colleagues and
    the death in prison of Bibi Ngota (see section 2.a.). Police used
    batons on the journalists, several of whom sustained minor injuries
    along with damage to their clothes and loss of personal property. In
    justifying the ban, police claimed the UCJ had not provided ample
    notice of the event to the appropriate authority.
        On August 25, security officers disrupted a press conference that
    the Republican Forum, a newly created opposition party, organized at
    the Djeuga Palace in Yaounde. The officers harassed the organizers,
    while claiming that the conference was illegal. Party Chairman Roland
    Romain Kouotou denied the allegations and brandished an authorization
    letter issued by the sous-prefet of Yaounde I.

        Freedom of Association.--The law provides for freedom of
    association, but the Government limited this right in practice. The law
    prohibits organizations that advocate any type of secession, resulting
    in the disruption of SCNC meetings on the grounds that the purpose of
    the organization rendered any meetings illegal.
        On October 1, which the SCNC commemorates as independence day for
    ``Southern Cameroons,'' security forces disrupted SCNC meetings and
    rallies in Tiko, Buea, Bamenda, and Kumbo.
        The conditions for government recognition of political parties,
    NGOs, or associations were arduous, interminable, and unevenly
    enforced. The process forced most associations to operate in
    uncertainty, in which their activities were tolerated but not formally
    approved.

        c. Freedom of Religion.--For a description of religious freedom,
    please see the 2010 International Religious Freedom Report at
    www.state.gov/g/drl/rls/irf/rpt.

        d. Freedom of Movement, Internally Displaced Persons, Protection of
    Refugees, and Stateless Persons.--Although the constitution and law
    provide for freedom of movement within the country, foreign travel,
    emigration, and repatriation, security forces routinely impeded
    domestic and international travel during the year. The Government
    cooperated with the UN High Commissioner for Refugees (UNHCR) and other
    humanitarian organizations in assisting refugees and asylum seekers.
        Security forces at roadblocks and checkpoints in cities and on most
    highways extorted bribes and harassed travelers. Police frequently
    stopped travelers to check identification documents, vehicle
    registrations, and tax receipts as security and immigration control
    measures. There were credible reports that police arrested and beat
    individuals who failed to carry their identification cards as required
    by law (see section 1.d.).
        The law prohibits forced exile, and the Government did not use it;
    however, some human rights monitors and political opponents remained in
    self-imposed exile because they felt threatened by the Government.

        Internally Displaced Persons (IDPs).--In 2005 between 10,000 and
    15,000 persons in and around the Adamaoua Region villages of Djohong
    and Ngaoui were displaced following attacks and looting by unidentified
    armed groups from the Central African Republic (CAR). Officials in the
    Adamaoua Region administration reported that hundreds of IDPs remained.
        During the year the Government worked with UNHCR to protect and
    assist IDPs.

        Protection of Refugees.--The country's laws provide for the
    granting of asylum or refugee status, and the Government has
    established a system of providing protection to refugees. The
    Government granted refugee status or asylum. In practice the Government
    provided protection against the expulsion or return of refugees to
    countries where their lives or freedom would be threatened on account
    of their race, religion, nationality, membership in a particular group,
    or political opinion.
        The Government provided temporary protection under the 1951 UN
    Convention relating to the Status of Refugees and its 1967 Protocol and
    provided it to more than 101,000 persons, including 80,000 from CAR,
    3,000 from Chad, and 4,000 from Nigeria.
    Section 3. Respect for Political Rights: The Right of Citizens to
            Change Their Government
        The law provides citizens with the right to change their government
    peacefully; however, President Biya and the CPDM party controlled the
    political process, including the judiciary and agencies responsible for
    the conduct and oversight of elections.
        In 2008 the National Assembly passed a constitutional amendment
    that removed presidential term limits and added provisions for
    presidential immunity. Although considerable national discussion of the
    proposal ensued, the National Assembly ultimately passed the revisions
    in a manner that allowed no debate and underscored the CPDM's
    unfettered control of all government branches. Neither the electorate
    nor its elected representatives had an opportunity to affect the
    outcome of the constitutional exercise.

        Elections and Political Participation.--During the 2007 legislative
    elections, observers witnessed poor supervision at the polling stations
    and lax application of the electoral law. An unnecessarily complex
    registration process effectively disenfranchised numerous voters. The
    Government failed to implement promised electoral improvements, such as
    the provision of indelible ink--an internationally recognized safeguard
    against multiple voting--to many polling stations. In addition, despite
    efforts to computerize voter registration, the lists still included
    numerous errors.
        The Supreme Court received more than 130 complaints from political
    parties after the elections, but dismissed the majority of them on
    technical grounds. However, the court ordered new elections in five
    constituencies for 17 parliamentary seats, which were held in 2007; the
    CPDM won 13 seats and opposition parties four. Observers noted some
    irregularities and low voter turnout.
        In 2008 the Government's National Elections Observatory, which was
    responsible for ensuring electoral fairness, published its assessment
    of the 2007 legislative and municipal elections. The report cited
    shortcomings due to lack of coordination between the various electoral
    commissions and a lack of clear, uniform procedures for the various
    stages of the electoral process, particularly the registration process.
        In 2004 President Biya, who has controlled the Government since
    1982, was reelected with approximately 70 percent of the vote in an
    election that was poorly managed and marred by irregularities, in
    particular in the voter registration process, although widely viewed as
    more free and fair than previous elections. Although most international
    observers agreed that it reflected the will of the voters, the
    Commonwealth Observer Group maintained that the election lacked
    credibility.
        All members of Elections Cameroon (ELECAM), the electoral body
    responsible for the preparation and organization of elections, were
    appointed by the president. Most board members were active CPDM
    members. Many in the international community publicly questioned the
    independence and credibility of ELECAM, given the partisan nature of
    its council membership.
        The right of citizens to choose their local governments remained
    circumscribed. The Government greatly increased the number of
    municipalities run by presidentially appointed delegates, who have
    authority over elected mayors, effectively disenfranchising the
    residents of those localities. Delegate-run cities included most of the
    provincial capitals and some division capitals in pro-opposition
    regions; however, this practice was almost nonexistent in the southern
    regions, which tended to support the ruling CPDM party. In
    municipalities with elected mayors, local autonomy was limited, since
    elected local governments relied on the central government for most of
    their revenue and administrative personnel.
        There were more than 253 registered political parties. Fewer than
    10, however, had significant levels of support, and only five had seats
    in the National Assembly. The CPDM held an absolute majority in the
    National Assembly. Opposition parties included the SDF, based in the
    anglophone regions and some major cities, the National Union for
    Democracy and Progress, the Cameroon Democratic Union, and the Union of
    the Peoples of Cameroon.
        Membership in the ruling political party conferred significant
    advantages, including in the allocation of key jobs in parastatals and
    the civil service. The president appoints all ministers, including the
    prime minister, and also directly appoints the governors of each of the
    10 regions. The president has the power to appoint important lower
    level members of the 58 regional administrative structures as well.
    Onerous requirements for registration of parties and candidates
    restricted political activity.
        Natives of the North West and South West regions tended to support
    the opposition SDF party and consequently suffered disproportionately
    from human rights abuses committed by the Government and its security
    forces. The anglophone community complained of being underrepresented
    in the public sector. Although citizens in certain francophone areas--
    the East, Far North, North, and Adamaoua Regions--voiced similar
    complaints about under-representation and government neglect,
    anglophones claimed they had not received a fair share of public sector
    goods and services within their two regions. Many residents of the
    anglophone regions sought greater freedom, equality of opportunity, and
    better government by regaining regional autonomy rather than through
    national political reform, and have formed several quasipolitical
    organizations in pursuit of their goals.
        Authorities sometimes refused to grant opposition parties
    permission to hold rallies and meetings.
        During the year the Government arrested SCNC activists for
    participating in SCNC activities. The Government considered the SCNC
    illegal because it advocates secession and has never registered as a
    political party or organization.
        On September 29, security forces in Kumbo, North West Region,
    arrested and briefly detained five SCNC activists who were gathering
    material to commemorate the 49th anniversary on October 1 of the
    independence of West Cameroon, an anniversary not recognized by the
    Government.
        On October 1, police in Tiko, South West Region, arrested and
    briefly detained an SCNC activist for hoisting the SCNC flag in
    commemoration of October 1. Police later released him.
        Women held 23 of 180 seats in the National Assembly, six of 61
    cabinet posts, and a few of the higher offices within the major
    political parties, including the ruling CPDM.
        Pygmies were not represented in the National Assembly or in the
    higher offices of government.
    Section 4. Official Corruption and Government 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 2009 Worldwide Governance Indicators reflected that
    corruption was a severe problem. The public perception was that
    judicial and administrative officials were open to bribes in almost all
    situations. Corruption was pervasive at all levels of government.
    During the year the Government sanctioned dozens of government
    employees, particularly those from previous administrations, for
    corruption and mismanagement.
        The National Anticorruption Commission (CONAC) is the country's
    principal independent anticorruption agency; however, it was
    subservient to the president. In 2009 CONAC received 312 petitions
    concerning corruption and related offenses, of which 238 resulted in
    prosecution. The National Financial Investigations Unit (ANIF), a
    separate financial intelligence unit that tracks money laundering, has
    referred to judicial authorities 104 of 450 reports received of
    suspicious transactions since ANIF's creation in May 2005; the ANIF has
    been informed of no trials or hearings addressing any of the 104
    reports referred.
        Police were corrupt. Individuals reportedly paid bribes to police
    and the judiciary to secure their freedom. Police demanded bribes at
    checkpoints, and influential citizens reportedly paid police to make
    arrests or abuse individuals involved in personal disputes.
        Police were sanctioned for corruption during the year.
        For example, on January 18, DGSN Director Emmanuel Edou suspended
    Police Inspector Eric Brice Essama, who served at the public security
    office in Nkoteng, Center Region, for three months without pay for
    extortion and indiscipline; legal action was pending at year's end.
        On May 5, Edou suspended Second Grade Police Officer Zaza Mahamat
    for three months without pay for embezzlement of public funds and
    breach of trust; the case was pending prosecution at year's end.
        Judicial corruption was a problem. According to several press
    reports, judicial authorities accepted illegal payments from detainees'
    families in exchange for a reduction in sentence or the outright
    release of their relatives. Political bias by judges (often instructed
    by the Government) frequently stopped or delayed judicial proceedings.
    Many powerful political or business interests enjoyed virtual immunity
    from prosecution, and politically sensitive cases sometimes were
    settled through bribes.
        During the year security forces arrested for corruption several
    former government officials, who generally were held in separate
    quarters and received preferential treatment.
        On January 6, police arrested and detained Haman Adama, former
    minister of basic education, and Roger Ntongo Onguene, former general
    manager of Cameroon Airports, on corruption charges. Both former
    officials, who were accused of embezzling public funds worth hundreds
    of millions of CFA francs, were in pretrial detention at year's end.
        On January 12, police arrested and detained Catherine Abena, former
    secretary of state for secondary education, on embezzlement charges. At
    year's end Abena was being detained in Kondengui Prison awaiting trial.
        On August 12, CONAC informed the public that the corruption
    investigations of 47 officials in the Ministry of Agriculture had been
    completed and that the cases had been transferred to the judiciary for
    prosecution; the 47 were allegedly involved in the embezzlement of
    public funds intended to boost corn production.
        On October 6, the Wouri High Court opened hearings in the trial of
    Paul Ngamo Hamani, former general manager of Cameroon Airlines, who was
    arrested in March 2009 for embezzlement. The trial was ongoing at
    year's end.
        According to the Report by the Ministry of Justice on Human Rights
    in Cameroon in 2009, dozens of judicial proceedings were instituted
    against persons for alleged misappropriation of public funds in public
    and semi-public enterprises in 2009. For example, in the Yaounde High
    Court, preliminary inquiries were opened into 49 cases of
    misappropriation of public funds; 64 cases were pending hearing and
    determination; and 31 judgments were delivered, of which 16 were
    appealed.
        According to the Report by the Ministry of Justice on Human Rights
    in Cameroon in 2009, in June 2009 the Douala Court of Appeals sentenced
    Alphonse Siyam Siwe and two other defendants to life imprisonment for
    embezzlement; the lower court had issued 30-year sentences. Among
    others accused in the case, one was sentenced to 25 years in prison,
    eight to 15 years, and another to one year. In addition, the court
    reversed the Wouri Higher Court's acquittal of seven defendants and
    sentenced six to 15 years' imprisonment and the seventh to one year in
    prison.
        Jerome Mendouga, a former ambassador who was arrested in April 2009
    for embezzlement in connection with the purchase of a presidential
    plane, remained in pretrial detention at year's end.
        There were no developments in the 2009 corruption case of Dieudonne
    Ambassa Zang, a CPDM deputy whose parliamentary immunity was lifted in
    August 2009. Ambassa Zang had not been arrested by year's end and was
    believed to have fled the country.
        There were no developments in the August 2009 arrest and detention
    of Jean-Baptiste Nguini Effa, former general manager of the Government-
    owned National Petroleum Distribution Company, along with six of his
    close collaborators, for embezzlement. Nguini and the other six
    remained in pretrial detention at year's end.
        The following developments occurred in 2008 corruption cases.
        On February 16, the Yaounde High Court began the trial of Urbain
    Olanguena Awono, former minister of public health, who was arrested in
    2008 on embezzlement charges. The trial was ongoing at year's end.
        On March 17, the Yaounde High Court began the trial of Polycarpe
    Abah Abah, a former minister of finance who was arrested in 2008 for
    allegedly embezzling more than two billion CFA francs ($4 million)
    while in charge of collecting taxes. The ongoing trial has been
    postponed numerous times due to the defendant's health and a pending
    government appeal of a judge's decision to dismiss some of the charges
    against him.
        On July 29, the Yaounde High Court began the trial of Jean Marie
    Atangana Mebara, a former secretary general of the presidency, who was
    arrested in 2008 for embezzlement in connection with the purchase of an
    airplane for President Biya that resulted in the loss of more than 15
    billion CFA francs ($30 million) to the treasury. Mebara's trial has
    been postponed several times because only one out of the required three
    judges was present.
        On October 28, the Douala High Court sentenced Zacchaeus Mungwe
    Forjindam, former general manager of the Cameroon Shipyard and
    Engineering Company, to 12 years in jail and confiscation of personal
    property for embezzling public funds. Forjindam, who was arrested in
    2008, had appealed a lower court's decision. The court also imposed an
    850 million CFA francs ($1.7 million) fine in damages on Forjindam and
    his co-accused.
        There were no developments in the 2008 corruption case of Paulin
    Abono Moampamb, a former secretary of state and mayor of Yokadouma, who
    was arrested and detained for embezzlement.
        The constitution and law require senior government officials,
    including members of the cabinet, to declare their assets; however, the
    president had not issued the requisite decree to implement the law by
    year's end.
        There are no laws providing citizens with access to government
    information, and such access was difficult to obtain. Most government
    documents, such as statistics, letters exchanged between various
    administrations, draft legislation, and investigation reports, were not
    available to the public or the media.
    Section 5. Governmental Attitude Regarding International and
            Nongovernmental Investigation of Alleged Violations of Human
            Rights
        A number of domestic and international human rights groups
    investigated and published findings on human rights cases; however,
    government officials repeatedly impeded the effectiveness of local
    human rights NGOs during the year by harassing their members, limiting
    access to prisoners, refusing to share information, threatening
    violence, and using violence against NGO personnel.
        Despite these restrictions, numerous independent domestic human
    rights NGOs operated, including the National League for Human Rights,
    the Organization for Human Rights and Freedoms, the Association of
    Women against Violence, the Movement for the Defense of Human Rights
    and Freedoms, and the Cameroonian Association of Female Jurists. The
    Government collaborated with domestic NGOs to address child labor,
    women's rights, and trafficking in persons.
        Although the NCHRF remained hampered by a shortage of funds, during
    the year it conducted a number of investigations into human rights
    abuses, visited prisons, and organized several human rights seminars
    for judicial officials, security personnel, and other government
    officials. Although the commission rarely criticized the Government's
    human rights abuses publicly, its staff intervened with government
    officials in specific cases of human rights abuses by security forces.
    During the year the NCHRF continued its efforts to stop ``Friday
    arrests'' (the practice of detaining individuals on Friday to prolong
    the time before court appearance) and sought to obtain medical
    attention for jailed suspects. Government officials also attended
    several seminars organized by the commission.
        On June 24, in Douala, gendarmes in the Ndogbong neighborhood
    arrested and detained Mboua Massock, a political and human rights
    activist who was distributing tracts in the street; Massock was
    released after two hours. According to the gendarmes, the message in
    the tracts was likely to disturb public order. Massock had been
    arrested twice in 2009 for defacing public property (disfiguring a
    monument), a charge he did not contest.
        There were no developments in the case of Aicha Ngo Eheg, a human
    rights activist who was arrested, beaten, and stripped naked by Douala
    antiriot police in February 2008; Ngo Eheg, along with other
    demonstrators, had gathered in the Douala neighborhood of Bepanda to
    march against constitutional changes to expand presidential power.
        The Government cooperated with international governmental
    organizations and permitted visits by UN representatives and other
    organizations, including the ICRC.
        Unlike in the previous year, when the Government denied visas to an
    Amnesty International (AI) team following the release of the annual AI
    report, the Government issued visas to two AI officials who visited the
    country in August. During their 10-day visit, the two officials met
    with senior government officials, including the prime minister and the
    minister of justice. They also held meetings with the NCHRF and local
    human rights NGOs.
        The National Assembly's Constitutional Laws, Human Rights and
    Freedoms, Justice, Legislation, Regulations, and Administration
    Committee is charged with reviewing any human rights legislation the
    Government submits for consideration.
        On November 2, the Government published the Report by the Ministry
    of Justice on Human Rights in Cameroon in 2009, which focused primarily
    on enumerating government actions to address human rights issues, such
    as judicial and disciplinary action taken against officials accused of
    corruption or other inappropriate conduct. The report documented
    hundreds of investigations, disciplinary actions, and prosecutions in
    2009 (see sections 1.c., 1.d., and 4).
    Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
        The law does not explicitly forbid discrimination based on race,
    language, or social status, but does prohibit discrimination based on
    gender and mandates that ``everyone has equal rights and obligations.''
    The Government, however, did not enforce these provisions effectively.
    Violence and discrimination against women, trafficked persons, ethnic
    minorities, and gays and lesbians were problems.

        Women.--The law criminalizes rape and provides penalties of between
    five and ten years' imprisonment for convicted rapists; however, police
    and the courts rarely investigated or prosecuted rape cases. The law
    does not address spousal rape. A study conducted in 2009 reported the
    rapes of hundreds of thousands of young girls and women between 1970
    and 2008 (see also section 6, Children.). Due to social taboos
    associated with sexual violence, most rapes went unreported, and the
    media reported only four rape cases during the year. It was unknown
    whether any of the four cases resulted in prosecution. In June 2009 the
    German Agency for International Cooperation, in collaboration with
    local NGOs, launched a national campaign against rape, which continued
    during the year.
        The law does not specifically prohibit domestic violence, although
    assault is prohibited and punishable by imprisonment and fines. In 2008
    a study from La Maison des Droits de l'Homme, a Douala-based NGO,
    reported that approximately 39 percent of women suffered from physical
    violence. A 2005 survey cited by the Cameroon Tribune newspaper also
    indicated that 39 percent of women living with a man (married or
    unmarried) were victims of physical violence, and 28 percent were
    victims of psychological violence. Women's rights advocates asserted
    that penalties for domestic violence were insufficient. Spousal abuse
    is not a legal ground for divorce.
        The law does not prohibit sexual harassment. The Government did not
    conduct any public education campaigns on the subject, and there were
    no statistics available on its occurrence.
        In rural northern areas, societal pressures continued to reinforce
    taboos on discussing contraception and all other sex-related issues.
    However, the Government, in cooperation with NGOs, conducted programs
    designed to educate couples, especially men, to better understand the
    positive aspects of responsible spacing between childbirths. In May,
    during the launch of a campaign against maternal mortality, the
    minister of public health revealed that 12 women a day in the country
    lost their lives in childbirth and that the maternal mortality rate was
    669 per 100,000 births. Prenatal care, skilled attendance during
    childbirth, and postpartum care were not available to all women,
    particularly to those living in rural areas. For several years the
    Ministry of Public Health has produced radio and televised information
    programs on responsible parenthood, including encouraging couples to
    use contraception to space the timing of their children. Couples were
    also encouraged to get HIV/AIDS testing prior to conception, and
    efforts continued to increase HIV/AIDS testing for all pregnant women
    at health clinics. Women were equally diagnosed and treated for
    sexually transmitted infections, including HIV/AIDS, and all government
    and civil society campaigns against the disease targeted men and women.
        Despite constitutional provisions recognizing women's rights, women
    did not enjoy the same rights and privileges as men, and some
    provisions of civil law were prejudicial to women. For example, the law
    allows a husband to deny his wife's right to work, and a husband may
    also end his wife's right to engage in commercial activity by notifying
    the clerk of the commerce tribunal. Customary law imposes further
    strictures on women since in many regions a woman was regarded as the
    property of her husband. Because of the importance of custom and
    tradition, civil laws protecting women often were not respected. For
    example, in some ethnic groups women were precluded from inheriting
    from their husbands. The Ministry of Women's Empowerment and the Family
    worked with other government agencies to promote the legal rights of
    women.

        Children.--Citizenship is derived from the parents, and it is the
    parents' responsibility to register births. Parents must obtain a birth
    declaration from the hospital or health facility in which the child was
    born and complete the application. The mayor's office subsequently
    issues the birth certificate once the file is completed and approved.
    Because many children were not born in formal health facilities, and
    many parents were unable to reach local government offices, many births
    were unregistered; statistics on unregistered births were unavailable.
    In recent years the Government created special civil status centers in
    remote areas to enable rural residents to register their children.
    Citizens unable to avail themselves of these resources often turned to
    a thriving fabrication industry for birth certificates, which were
    required to register children for school or obtain a national
    identification card. The Government continued its program begun in 2005
    to issue birth certificates to Baka, most of whom did not have birth
    certificates (see section 6, Indigenous People.) The program also
    assisted Baka in registering for school.
        Schooling is mandatory through the age of 14; however, parents had
    to pay uniform and book fees for primary school students and tuition
    and other fees for secondary school students, rendering education
    largely unaffordable for many children. The Government continued its
    efforts under a three-year program to improve access to schools, such
    as the construction of new classrooms, recruitment of new teachers, and
    provision of water fountains.
        According to 2008 UN Children's Fund (UNICEF) statistics, 77
    percent of girls between the ages of six and 14 were enrolled in
    primary school, compared with 88 percent of boys in the same age group.
    According to a 2006 report from the presidency, the secondary school
    enrollment ratio was 38 percent for boys and 37 percent for girls. The
    low school enrollment rate was attributed to cost, with girls'
    participation further reduced by early marriage, sexual harassment,
    unwanted pregnancy, prejudice, and domestic responsibilities.
        Child abuse was a problem, although no statistics were available.
    Newspaper reports often cited children as victims of kidnapping,
    mutilation, and even infanticide. There were credible stories of
    mothers (usually young, unemployed, and unmarried) abandoning their
    newborns in streets, garbage cans, and pit toilets.
        The law does not prohibit FGM, which was practiced in isolated
    areas of the Far North, East, and Southwest regions; statistics on its
    prevalence were unavailable. Internal migration contributed to the
    spread of FGM to different parts of the country. The majority of FGM
    procedures were clitorectomies. The severest form of FGM, infibulation,
    was performed in the Kajifu area of the Southwest Region. FGM usually
    was practiced on infants and preadolescent girls. Public health centers
    in areas where FGM was frequently practiced counseled women about the
    harmful consequences of FGM; however, few perpetrators were caught in
    the act, and the Government did not prosecute any persons charged with
    perpetrating FGM. According to the Association to Fight Violence
    against Women, FGM practitioners frequently conducted secret, rather
    than open, ceremonies following the subjection of a girl to FGM.
        Breast ironing, a procedure to flatten a young girl's growing
    breasts with hot stones, victimized numerous girls in the country,
    according to press reports. The procedure was considered a way to delay
    a girl's physical development, thus limiting the risk of sexual assault
    and teenage pregnancy. Girls as young as nine were subjected to the
    practice, which resulted in burns, deformities, and psychological
    problems.
        While the minimum legal age for a woman to marry is 15, many
    families facilitated the marriage of young girls by the age of 12.
    Early marriage was prevalent in the northern regions of Adamaoua,
    North, and particularly the remote Far North, where many girls as young
    as nine faced severe health risks from pregnancies. There were no
    statistics on the prevalence of child marriage.
        Children under the age of 18 were engaged in prostitution, and the
    problem was believed to be pervasive, although no statistics were
    available.
        A 2009 study conducted by the German development organization GTZ
    reported that an estimated 432,000 women and girls have been raped in
    the past 20 years: 20 percent of rapes were perpetrated by family
    members, and the average age of victims was 15 years. According to
    Flavien Ndonko, the head of GTZ's HIV/AIDS program, rape has steadily
    increased, and only about one in 20 rapists was convicted. A campaign
    led by GTZ in 2009 encouraged victims to speak publicly about rape. In
    September the Ministry of Social affairs, UNICEF, and the Ecole
    Instrument de Paix, a local NGO, organized a workshop in Douala to
    address the growing problem of the sexual abuse of children.
        Approximately 2,000 children lived on the streets of the major
    urban centers. The Project to Fight the Phenomenon of Street Children,
    a governmental project in partnership with NGOs, gathered information
    on street children and offered healthcare, education, and psychosocial
    care; the project also bolstered the intake capacities of specialized
    centers.
        The country is not a party to the 1980 Hague Convention on the
    Civil Aspects of International Child Abduction. For information on
    international parental child abduction, please see the Department of
    State's annual report on compliance at http://travel.state.gov/
    abduction/resources/congressreport/congressreport--4308.html.

        Anti-Semitism.--The Jewish community was very small, and there were
    no reports of anti-Semitic acts.

        Trafficking in Persons.--For information on trafficking in persons,
    please see the Department of State's annual Trafficking in Persons
    Report at www.state.gov/g/tip.

        Persons With Disabilities.--In April the president promulgated a
    new law to protect and promote the rights of persons with disabilities
    due in part to the scarcity of facilities for persons with disabilities
    and lack of public assistance. The new law provides that both new and
    existing government and private buildings be designed to facilitate
    access by persons with disabilities. While all children were entitled
    to tuition-free primary school, the new law also provides for free
    secondary public education for persons with disabilities and children
    born of parents with disabilities. The law also provides for initial
    vocational training, medical treatment, employment ``when possible,''
    and public assistance ``when needed.''
        On February 1, the Ministry of Social Affairs released a guide to
    educate persons with disabilities on their legal rights and the
    services available to them. The UN provided some of the financing for a
    new guide that was released in November.
        Society largely treated those with disabilities as outcasts, and
    many felt that providing assistance was the responsibility of churches
    or foreign NGOs.

        National/Racial/Ethnic Minorities.--The population consists of more
    than 250 ethnic groups, among which there were frequent and credible
    allegations of discrimination. Ethnic groups commonly gave preferential
    treatment to fellow ethnic group members in business and social
    practices. Members of the president's Beti/Bulu ethnic group from
    southern areas held key positions and were disproportionately
    represented in the Government, state-owned businesses, security forces,
    and the ruling CPDM party.
        Northern areas continued to suffer from ethnic tensions between the
    Fulani (or Peuhl) and the Kirdi, who remained socially, educationally,
    and economically disadvantaged relative to the Fulani in the three
    northern regions.
        Traditional Fulani rulers, called lamibe, continued to wield great
    power over their subjects, who often included Kirdi, and sometimes
    subjected them to tithing and forced labor. Isolated cases of slavery
    were reported, largely Fulani enslavement of Kirdi. Many Fulani hired
    Kirdi at exploitive wage levels to perform tasks that the Fulani
    considered menial and beneath them.
        The 40 persons detained in connection with 2008 ethnic violence
    following a soccer game between Bamileke and Yebekolo members remained
    in detention.
        Unlike in previous years, there were no reports that Alhadji Baba
    Ahmadou Danpullo, a wealthy businessman with ties to the Government,
    deceived M'Bororo women into sexual situations, forcibly displaced
    M'Bororo and seized their land and cattle, or used his money and
    influence with the Government to order the beating and false
    imprisonment of M'Bororo.

        Indigenous People.--An estimated 50,000 to 100,000 Baka, including
    Bakola, and Bagyeli (Pygmies), primarily resided (and were the earliest
    known inhabitants) in the forested areas of the South and East regions.
    While no legal discrimination exists, other groups often treated the
    Baka as inferior and sometimes subjected them to unfair and
    exploitative labor practices. The Government did not effectively
    protect their civil and political rights, but has made an effort to
    assist Baka with national registration, which is a critical first step
    to participation and representation in institutions that can better
    advance Baka rights. Baka reportedly continued to complain that the
    forests they inhabit were being logged without fair compensation. Some
    observers believed that sustained logging was destroying the Baka's
    unique, forest-oriented belief system, forcing them to adapt their
    traditional social and economic systems to a more rigid modern society
    similar to their Bantu neighbors.
        Local Baka along the path of the Chad-Cameroon pipeline continued
    to complain that they were not compensated fairly for their land and
    had been cheated by persons posing as Baka representatives.
        An estimated 95 percent of Baka did not have national identity
    cards; most Baka could not afford to provide the necessary
    documentation to obtain national identity cards, which were required to
    vote in national elections. In 2005 the Ministry of Social Affairs
    launched the Project to Support the Economic and Social Development of
    Baka in South Region. The project goal was to facilitate the issuance
    of birth certificates and national identity cards to 2,300 Baka, as
    well as help register hundreds of students in school. In August 2009
    the regional coordinator of the National Program for Participative
    Development, the implementing agency, indicated that they were able to
    assist with approximately 2,000 birth certificates and 1,000 national
    identity cards. The program continued during the year.

        Societal Abuses, Discrimination, and Acts of Violence Based on
    Sexual Orientation and Gender Identity.--Homosexual activity is illegal
    and punishable by a prison sentence of six months to five years and a
    fine ranging from 20,000 to 200,000 CFA francs ($40 to $400). During
    the year three persons in Douala and two in Yaounde were arrested for
    suspected homosexual activity. Authorities prosecuted at least four
    persons under this law during the year. Homosexual persons generally
    kept a low profile because of the pervasive societal stigma,
    discrimination, and harassment as well as the possibility of
    imprisonment. Gays and lesbians suffered from harassment and extortion
    by law enforcement officials. False allegations of homosexuality were
    used to harass enemies or to extort money.On December 28, the Douala
    first instance court released from pretrial detention Alain Nje Penda,
    who was arrested for alleged homosexual acts in November 2009.
        Several lesbian, gay, bisexual, and transgender organizations
    operated. There was a pattern of discrimination against members of such
    groups; however, no official cases were available for citation.

        Other Societal Discrimination.--1Persons infected with HIV/AIDS
    were often discriminated against and isolated from their families and
    society due to the societal stigma and lack of education about the
    disease.
    Section 7. Worker Rights

        a. The Right of Association.--The law allows workers to form and
    join trade unions; however, the Government imposed numerous
    restrictions in law and in practice. The labor code does not apply to
    the agricultural or informal sectors, and thus to the majority of the
    workforce. The country had an estimated ten million workers, although
    less than 700,000 were in the formal sector. Seventy percent of the
    country's workforce was in the agricultural sector, 13 percent in the
    industrial sector, and 17 percent in the service sector. The law does
    not permit the creation of a union that includes both public and
    private sector workers or the creation of a union that includes
    different or even closely related sectors.
        The law requires that unions register with the Government,
    permitting only groups of no fewer than 20 workers to organize a union
    by submitting a constitution, bylaws, and nonconviction certifications
    for each founding member. Although registered trade unions may no
    longer be dissolved by administrative authorities, and may only be
    dissolved through the judicial process, the law provides for prison
    sentences and heavy fines for workers who form a union and carry out
    union activities without registration. Such penalties are in breach of
    International Labor Organization (ILO) conventions. Trade unions or
    associations of public servants may not join a foreign occupational or
    labor organization without prior authorization from the minister
    responsible for ``supervising public freedoms.''
        Government interference reportedly took various forms, including
    selectively recognizing certain trade unions and inconsistently
    applying the laws. Government officials stated that the Government
    provided union certification within one month of application; however,
    independent unions, especially in the public sector, found it difficult
    to register. For example, the Syndicat National des Enseignants du
    Superieur was not officially registered but operated without government
    interference.
        Registered unions were also subject to government interference. The
    Government chose the unions with which it would bargain; some
    independent unions accused the Government of creating small
    nonrepresentative unions amenable to government positions and with
    which it could negotiate more easily. Some sections of labor law had no
    force or effect because the presidency had not issued implementing
    decrees.
        The labor code explicitly recognizes workers' right to strike, but
    only after mandatory arbitration, and workers generally exercised this
    right during the year. During the year strikes occurred at some
    universities, hospitals, the national water company, the Cameroon Bar
    Association, the Civil Engineering Equipment company, the national
    railroad company, and among motorcycle taxi drivers.
        Security forces used excessive force to disperse a demonstration by
    members of the Cameroonian Union of Journalists (see section 2.b.).
        Arbitration decisions are legally binding but often unenforceable
    when the parties refuse to cooperate. It was not uncommon for such
    decisions to be overturned or simply ignored by the Government or
    employers. The provision of the law allowing persons to strike does not
    apply to civil servants, employees of the penitentiary system, or
    workers responsible for national security. Instead of strikes, civil
    servants were required to negotiate grievances directly with the
    minister of the appropriate department in addition to the minister of
    labor and social insurance.

        b. The Right to Organize and Bargain Collectively.--The
    constitution and law provide for collective bargaining between workers
    and management as well as between labor federations and business
    associations in each sector of the economy.
        On January 27, the minister of labor and social insurance presided
    over the signing of a collective bargaining agreement in the port
    sector. On November 24, he presided over the signing of a collective
    bargaining agreement for the banking sector. In 2009 the minister
    presided over collective bargaining agreements in the graphic arts and
    agricultural sectors.
        Once agreements were negotiated, there was no mechanism to enforce
    implementation; some agreements between the Government and labor unions
    were ignored by the Government.
        The constitution and law prohibit antiunion discrimination, and
    employers guilty of such discrimination were subject to fines of up to
    approximately one million CFA francs ($2,000). However, employers found
    guilty were not required to compensate workers for discrimination or to
    reinstate fired workers. The Ministry of Labor and Social Insurance
    (MINLESI) did not report any complaints of antiunion discrimination by
    private employers during the year, although there were credible press
    reports of harassment of union leaders.
        Industrial free zones are subject to labor law except for the
    following provisions: the right to determine salaries according to
    productivity, the free negotiation of work contracts, and the automatic
    issuance of work permits for expatriate workers.

        c. Prohibition of Forced or Compulsory Labor.--The constitution and
    law prohibit forced or compulsory labor, including by children;
    however, there were reports that such practices occurred.
        Slavery is illegal in the country, and the law provides punishment
    of 10 to 20 years' imprisonment for persons accused of slavery or
    trafficking in persons for the purposes of forced labor; however, there
    were credible reports of slavery and hereditary servitude by former
    slaves in some chiefdoms in the North Region. For example, there were
    reports that the Lamido (traditional chief) of Rey Bouba in the North
    Region had hereditary servants inside his compound. Although the Lamido
    was replaced by his son in 2004, the hereditary servants remained. It
    was unclear whether hereditary servants stayed out of fear, a paucity
    of options, or because they knew no other life than the lamibe system,
    which is traditionally hierarchical and authoritarian.
        Prison authorities arranged for prison inmates to be contracted out
    to private employers or used as communal labor for municipal public
    works. Money generated from these activities was usually pocketed by
    prison administrators and not given to detainees.
        In the South and East regions, some Baka, including children,
    continued to be subjected to unfair and exploitative labor practices by
    landowners, including forced work without payment on the landowners'
    farms during harvest seasons.
        Also see the Department of State's annual Trafficking in Persons
    Report at www.state.gov/g/tip.

        d. Prohibition of Child Labor and Minimum Age for Employment.--The
    law generally protects children from exploitation in the workplace and
    specifies penalties ranging from fines to imprisonment for
    infringement; however, child labor, particularly in informal sectors,
    remained a problem. The Government specifically prohibits forced and
    compulsory labor by children, but there were reports that it occurred
    in practice.
        The law sets a minimum age of 14 for child employment, prohibits
    children from working at night or longer than eight hours a day, and
    enumerates tasks that children under the age of 18 cannot legally
    perform, including moving heavy objects, dangerous and unhealthy tasks,
    working in confined areas, and prostitution. Employers were required to
    train children between the ages of 14 and 18, and work contracts must
    contain a training provision for minors. These provisions of the law
    were not adequately enforced.
        According to 2008 government statistics on child labor, 85.2
    percent of working children were employed in the agriculture sector,
    either on family subsistence plots or on tea, banana, and palm oil
    plantations. In the urban informal sector, children worked as street
    vendors, car washers, and domestic workers. Some children also worked
    in mines and quarries. Many urban street vendors were less than 14
    years of age. Children worked as household help, and some children were
    involved in prostitution. In the North there were credible reports that
    children from needy homes were placed with other families to do
    household work for pay, which normally went to the child's family.
        There were reports that some parents gave their children to
    ``marabouts'' (traditional religious figures) in Maroua in the Extreme
    North, to learn the Qur'an and to prepare them to become marabouts
    themselves. However, there were reports that some of these children
    were kept in leg chains and subjected to forced labor.
        Parents viewed child labor as both a tradition and a rite of
    passage. Relatives often employed rural youth, especially girls, as
    domestic helpers, and these jobs seldom allowed time for the children
    to attend school. In rural areas, many children began work at an early
    age on family farms. The cocoa industry also employed child laborers.
    These children originated, for the most part, from the three northern
    and the North West regions.
        The Ministry of Social Affairs and MINLESI were responsible for
    enforcing existing child labor laws through site inspections of
    registered businesses; although sporadic inspections occurred during
    the year, the Government did not allocate sufficient resources to
    support an effective inspection program. Moreover, the legal
    prohibitions do not include family chores, which in many instances were
    beyond a child's capacity. The Government employed 58 general labor
    inspectors, whose responsibilities included investigating child labor.
        The ILO continued to work with various ministries and agencies
    involved in ant-trafficking activities; it also conducted nationwide
    investigations and cooperated with local organizations.
        During the year the Prime Minister's Office established an
    interagency working group to coordinate and enhance the Government's
    efforts to curb trafficking in persons.
        Also see the Department of State's annual Trafficking in Persons
    Report at www.state.gov/g/tip.

        e. Acceptable Conditions of Work.--In 2008 the Government increased
    the minimum wage in all sectors to 28,246 CFA francs ($56) per month.
    However, the minimum wage did not provide for a decent standard of
    living for a worker and family. MINLESI was responsible for enforcing
    the minimum wage nationally.
        The law establishes a standard workweek of 40 hours in public and
    private nonagricultural firms and 48 hours in agricultural and related
    activities. There are exceptions for guards and firemen (56 hours a
    week), service sector staff (45 hours), and household and restaurant
    staff (54 hours). The law mandates at least 24 consecutive hours of
    weekly rest. Premium pay for overtime ranges from 120 to 150 percent of
    the hourly pay depending on amount and whether it is for weekend or
    late-night overtime. There is a prohibition on excessive compulsory
    service. MINLESI inspectors were responsible for monitoring these
    standards; however, they lacked the resources for a comprehensive
    inspection program.
        The Government sets health and safety standards. MINLESI inspectors
    and occupational health physicians were responsible for monitoring
    these standards; however, they lacked the resources for a comprehensive
    inspection program. In September 2009 the National Commission on Health
    and Safety in the Workplace expanded the list of occupational diseases
    from 44 to 99. The law does not provide workers with the right to
    remove themselves from situations that endanger health or safety
    without jeopardizing their continued employment.

                                   __________

                                   CAPE VERDE

        Cape Verde, with a population of approximately 492,000, is a
    multiparty parliamentary democracy in which constitutional powers are
    shared between the elected head of state, President Pedro Verona
    Rodrigues Pires, and Prime Minister Jose Maria Neves. Pires was
    reelected for a second five-year term in 2006 in generally free and
    fair elections. The Supreme Court of Justice and the National Electoral
    Commission also declared the 2006 nationwide legislative elections
    generally free and fair. There were instances in which elements of the
    security forces acted independently of civilian control.
        Problems were reported in the following areas: police abuse of
    detainees, police impunity, poor prison conditions, lengthy pretrial
    detention, excessive trial delays, violence and discrimination against
    women, child abuse, and some instances of child labor.
                            respect for human rights
    Section 1. Respect for the Integrity of the Person, Including Freedom
            From:

        a. Arbitrary or Unlawful Deprivation of Life.--There were no
    reports that the Government or its agents committed arbitrary or
    unlawful killings.

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

        c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
    Punishment.--The constitution and law prohibit such practices; however,
    there were credible reports that in some instances police beat persons
    in custody and detention. In most cases, authorities took action
    against the abusers. However, there were credible reports that police
    failed to report to their superiors some of the abuses that occurred in
    police stations.

        Prison and Detention Center Conditions.--Sao Martinho is the
    largest prison in the country, housing more than 55 percent of the
    national prison population. During the year there were no known deaths
    in prison from adverse conditions. There were approximately 1,300
    prisoners and detainees in the country's eight prisons.
        In prisons other than Sao Martinho, juveniles were sometimes held
    together with adults, but pretrial detainees generally were held
    separately from convicted prisoners.
        In 2008 a prisoner alleged to be a professional killer, hired by
    drug traffickers, murdered a convicted drug trafficker who was
    collaborating with authorities. The case remained under investigation.
        The 2005 prisoner riot case at Sao Martinho Prison, in which one
    prisoner was killed and three persons (including a guard) injured, was
    pending final resolution at year's end. The prison director, a military
    officer, who left for another country after being formally accused of
    allowing the mistreatment of prisoners under his supervision,
    subsequently was sentenced in that country to three years' imprisonment
    for perjury related to his immigration status. He returned to Cape
    Verde in October and was facing a court martial, which had not been
    scheduled by the end of the reporting period. He is detained in a
    military jail, awaiting trial.
        Each municipality has police stations capable of holding detainees
    until they are transferred to prison. There were no deaths as a result
    of adverse conditions in jails and detention centers, but separation of
    prisoners based on trial status, gender, and age was not always
    possible due to space limitations.
        Authorities did not permit prisoners and detainees to submit
    complaints to judicial authorities without censorship or to request
    investigation of allegations of inhumane conditions. The Government did
    not investigate and monitor prison and detention center conditions.
        The Government permitted formal visits by international human
    rights monitors to prisons and visits to individual prisoners. Local
    nongovernmental organizations (NGOs) and media representatives
    frequently visited the prisons and reported on prison conditions. There
    is no ombudsman to serve on behalf of prisoners and detainees.
        In January the Government concluded a project improving conditions
    in the main prison center on Sao Martinho by inaugurating additional
    facilities and extending the prison's capacity from 800 to 830
    prisoners. In the new unit, prisoners are divided by gender, age, and
    nature of crime (with separation between convicted prisoners and those
    awaiting trial); there are 18 disciplinary cells and two rooms for
    spouses' visits. The facility has spaces for guards, lawyers, and
    educational and social reinsertion trainers. There is a classroom
    equipped with television, DVD player, and computers; a space for adult
    education; medical facilities; canteens for guards and prisoners; a
    library; and a space for professional training, within the scope of a
    social reinsertion program. In addition the prison in Sao Vicente saw
    minor improvements, including a new security camera system, funded by
    the Portuguese government. Other prisons throughout the country,
    however, still awaited funding for proposed improvements, and
    conditions there remained poor.

        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 Public Order Police
    are under the Ministry of Internal Administration and are responsible
    for law enforcement. The Judicial Police are under the Ministry of
    Justice and are responsible for major investigations. Logistical
    constraints--including lack of vehicles, limited communications
    equipment, and poor forensic capacity--limited police effectiveness.
    Police abuses were investigated internally, and these investigations
    resulted occasionally in legal action against the perpetrators. The
    Government provided training to increase police effectiveness. Police
    impunity, however, remained a problem.

        Arrest Procedures and Treatment While in Detention.--Police may not
    make arrests without a warrant issued by an authorized official unless
    a person is caught in the act of committing a felony. The law
    stipulates that a suspect must be brought before a judge within 48
    hours of arrest. The law provides a detainee with the right to prompt
    judicial determination of the legality of the detention, and the
    authorities respected this right in practice. Attorneys inform
    detainees of the charges against them. There was a functioning bail
    system. Detainees were allowed prompt access to family members and to a
    lawyer of their choice and, if indigent, to one provided by the
    Government.
        Nonetheless, the length of pretrial detention was a serious
    problem. One concern arose from differing interpretations of the law
    authorizing extended pretrial detention in certain circumstances. Some
    courts have read this provision broadly, while others have opted for a
    narrower interpretation. This interpretative difference resulted in
    situations where detainees facing identical charges were held for
    different lengths of time based on the prosecutor's and the judge's
    interpretation of the law. At year's end, no standard timelines had
    been set for pretrial detentions. The judicial system also was
    overburdened and understaffed, and criminal cases frequently ended when
    charges were dropped by the citizen before a determination of guilt or
    innocence was made.

        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 lacked sufficient
    staffing and was inefficient.
        In addition to civil courts, there is also a military court; it
    cannot try civilians. The military court provides the same protections
    as civil criminal courts.

        Trial Procedures.--Defendants enjoy a presumption of innocence. The
    law provides for the right to a fair and public nonjury trial.
    Defendants have the right to be present and to consult with an attorney
    in a timely manner; free counsel is provided for the indigent.
    Defendants have the right to confront or question witnesses against
    them and have the right to present witnesses in their defense.
    Defendants also can present evidence on their own behalf. Defendants
    and their attorneys have access to government-held evidence relevant to
    their cases and can appeal regional court decisions to the Supreme
    Court of Justice (SCJ). The law extends the above rights to all
    citizens.

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

        Civil Judicial Procedures and Remedies.--The ordinary courts are
    impartial and independent and handle civil matters including lawsuits
    seeking damages for, or an injunction ordering the cessation of, a
    human rights violation. Both administrative and judicial remedies are
    available for alleged wrongs.

        f. Arbitrary Interference With Privacy, Family, Home, or
    Correspondence.--The constitution and law prohibit such actions, and
    the Government generally respected these prohibitions in practice.
    Section 2. Respect for Civil Liberties, Including:

        a. Freedom of Speech and Press.--The constitution and law provide
    for freedom of speech and of the press, and the Government generally
    respected these rights. The independent press was active and expressed
    a variety of views without direct restriction.

        Internet Freedom.--There were no government restrictions on access
    to the Internet or reports that the Government monitored e-mail or
    Internet chat rooms. Individuals and groups could engage in peaceful
    expression of views via the Internet, including by e-mail. According to
    International Telecommunication Union statistics for 2008,
    approximately 21 percent of the country's inhabitants used the
    Internet. Citizens in the cities had access to the Internet at
    cybercafes.

        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 freedoms of assembly and association, and the
    Government generally respected these rights in practice.

        c. Freedom of Religion.--For a complete description of religious
    freedom, please see the 2010 International Religious Freedom Report at
    www.state.gov/g/drl//irf/rpt.

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

        Protection of Refugees.--The law provides for the granting of
    asylum or refugee status, and the Government has established a system
    for providing protection to refugees. The Government grants refugee
    status and asylum when petitioned under the established system. In
    practice the Government provided protection against the expulsion or
    return of refugees to countries where their lives or freedom would be
    threatened on account of their race, religion, nationality, membership
    in a particular social group, or political opinion.
    Section 3. Respect for Political Rights: The Right of Citizens to
            Change Their Government
        The constitution and law provide the right for citizens to change
    their government peacefully, and citizens exercised this right in
    practice through periodic, free, and fair elections held on the basis
    of universal suffrage.

        Elections and Political Participation.--In the 2006 legislative
    elections, individuals and parties were free to declare their
    candidacies. The ruling African Party for the Independence of Cape
    Verde won 41 seats in the National Assembly with 52 percent of the
    vote; the main opposition party, Movement for Democracy (MPD), won 29
    seats; and the Union for a Democratic and Independent Cape Verde won
    the remaining two seats. International observers characterized the
    elections as generally free and fair, despite some irregularities.
    Alleging fraud the MPD unsuccessfully contested the results by filing
    suit with the SCJ to annul the elections.
        Presidential elections were also held in 2006, and individuals and
    parties were free to declare their candidacies. International observers
    characterized the conduct of the election as free and fair. The
    incumbent, President Pires, won a second term with 51 percent of the
    vote; MPD candidate Carlos Veiga obtained 49 percent of the vote. Veiga
    then petitioned the SCJ to annul the presidential election results,
    stating that the elections were not free or transparent. The SCJ ruled
    there were no legal grounds for annulment and confirmed President Pires
    as the winner.
        Although the National Electoral Commission (CNE) and the SCJ
    declared the legislative and presidential elections generally free and
    fair, they also recognized some irregularities in both elections. The
    CNE noted that the electoral code needed to be amended to provide
    greater security and transparency. It also cited needs for stricter,
    more consistent voter identification and registration processes and the
    adoption of indelible ink on ballots.
        Political parties could operate without restriction or outside
    interference.
        There were 11 women in the 72-seat National Assembly, eight women
    in the 20-member cabinet, and three women on the SCJ.
    Section 4. Official Corruption and Government Transparency
        The law provides a penalty of up to 15 years' imprisonment for
    official corruption. There were no new reports of government corruption
    during the year. The World Bank's 2009 Worldwide Governance Indicators
    reflected that government corruption was a problem. There were also
    unofficial reports of instances of corruption among state prosecutors,
    judges, and justice officials. Police corruption was not a significant
    problem.
        The law provides for freedom of access to governmental information
    without restriction, provided that privacy rights are respected. The
    Government in practice frequently granted access.
    Section 5. Governmental Attitude Regarding International and
            Nongovernmental Investigation of Alleged Violations of Human
            Rights
        A number of domestic human rights groups generally operated without
    government restriction, investigating and publishing their findings on
    human rights cases. Government officials generally were cooperative and
    responsive to their views.
    Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
        The law prohibits discrimination based on race, gender, religion,
    disability, language, or social status; however, the Government did not
    enforce these provisions effectively, and violence and discrimination
    against women and abuse of children were serious problems.

        Women.--Rape, including spousal rape, is a criminal offense, but
    the Government generally did not enforce the law effectively. The
    penalty for rape is eight to 16 years' imprisonment. Penalties are
    higher if the victim is under the age of 16 or if the offender took
    advantage of job responsibilities in a prison, hospital, school, or
    rehabilitation center, or with persons under his or her authority.
        Domestic violence against women, including wife beating, was
    widespread. The Government and civil society encouraged women to report
    criminal offenses such as spousal abuse, which is punishable by two to
    13 years' imprisonment; however, longstanding social and cultural norms
    as well as lack of shelter housing inhibited victims from doing so.
        While there were mechanisms such as legal counseling, psychological
    care, specific police attention, and family courts to deal with spousal
    abuse, these mechanisms neither effectively prevented violence nor
    provided for the punishment of those responsible. Women claimed that
    police often ignored the legal complaints they filed against their
    husbands. Nevertheless, reports to police of domestic violence
    continued to increase during the year. Police and judicial system
    sometimes delayed acting on abuse cases. Violence against women was the
    subject of extensive public service media coverage.
        The Government-run Cape Verdean Institute of Equity and Gender, the
    Women Parliamentarians Network, and local women's organizations with
    foreign diplomatic support promoted legislation to address gender-based
    violence. As a result of this action, in July the parliament approved a
    bill that, for the first time in the country's history, addressed
    gender-based violence. The new law focuses on three main objectives:
    improving protections afforded to victims, strengthening sanctions
    against offenders, and raising awareness of the problem. The law was
    designed to protect both male and female victims, but was expected to
    protect mostly women. According to a 2005 study by the Ministry of
    Health and National Institute of Statistics, approximately 22 percent
    of women and girls have been victims of gender-based violence.
        Sex tourism was a growing problem, and there are no laws to address
    it. There were no indications of governmental involvement or
    complicity.
        Sexual harassment was common but not culturally perceived as a
    crime. It is prohibited by law with a penalty of one year in prison,
    but the Government did not effectively enforce this law.
        The civil code grants all citizens the freedom to make decisions
    regarding the number, spacing, and timing of their children without
    discrimination, coercion, or violence. All citizens have access to
    contraception. Family planning centers throughout the country
    distribute some contraceptives free of charge to the public. These
    centers provide skilled assistance and counseling both before and after
    childbirth and for cases of sexually transmitted infections, including
    HIV. Prenatal counseling and care is available, including ultrasound
    screening and tetanus vaccines. Prenatal blood tests are conducted,
    including HIV screening, and treatment for sexually transmitted
    diseases (including HIV) is made available if warranted. Postnatal
    services include family planning and free oral/injection
    contraceptives. The reported incidence of maternal mortality was 53.7
    per 100,000 live births, according to the 2009 Ministry of Health
    Statistical Report. Women are equally diagnosed and treated for
    sexually transmitted diseases, including HIV.
        Women enjoy the same legal rights as men, including rights under
    family law, property law, and in the judicial system. Despite legal
    prohibitions against sex discrimination and provisions for full
    equality, including equal pay for equal work, discrimination against
    women continued. The Cape Verdean Institute of Equity and Gender worked
    for the protection of legal rights of women. The Women Jurists'
    Association provided free legal assistance to women throughout the
    country suffering from discrimination, violence, and spousal abuse.

        Children.--Citizenship can be derived either by birth within the
    country or from one's parents. The Government registered all births
    immediately after they were reported. Failure to register did not
    result in denial of public services.
        The Government provided free and universal education for all
    children between the ages of six and 12. Education was compulsory until
    the age of 11; however, secondary education was free only for children
    whose families had an annual income below 147,000 escudos
    (approximately $1,950).
        Child abuse and sexual violence against children were serious
    problems, and the media regularly reported on those issues. Child labor
    was also a problem (see section 7.d.). Government efforts to address
    these problems were inadequate. In 2007 the Institute of Children and
    Adolescents (ICCA), a government organization, carried out a study on
    the child labor situation and concluded that the practice of using
    children to collect sand for use in construction should be considered
    as one of the worst forms of child labor.
        The ICCA also found that children tended to work at the behest of
    their families, and that child labor was intimately linked to the need
    to supplement family income. It was believed, however, that the vast
    majority of these children performed work outside of school hours and
    attended school.
        The country is not a party to the 1980 Hague Convention on the
    Civil Aspects of International Child Abduction. For information on
    international parental child abduction, please see the Department of
    State's annual report on compliance at http://travel.state.gov/
    abduction/resources/congressreport/congressreport--4308.html .

        Anti-Semitism.--There was no known Jewish community and no reports
    of anti-Semitic acts.

        Trafficking in Persons.--In 2009 there were no confirmed reports
    that persons were trafficked to, from, or within Cape Verde.

        Persons With Disabilities.--The law prohibits discrimination
    against persons with physical, sensory, intellectual, and mental
    disabilities in employment, education, access to health care, or in the
    provision of other state services, and the Government effectively
    enforced these provisions. There are no laws or programs to provide for
    access to buildings, information, and communications for persons with
    disabilities. Several NGOs, including an association for the blind,
    actively advocated for the rights of persons with disabilities. The
    Government did not restrict the right of persons with disabilities to
    vote or participate in civic affairs.
        The Ministry of Labor, Family, and Social Solidarity (MTSS) is the
    Government agency responsible for protecting the rights of persons with
    disabilities. The National Council for Persons with Disabilities works
    under the MTSS as a consulting body and has the role of proposing and
    overseeing the implementation of the Government's policies.

        Societal Abuses, Discrimination, and Acts of Violence Based on
    Sexual Orientation and Gender Identity.--Legal provisions helped
    provide protection for homosexual conduct; however, societal
    discrimination based on sexual orientation or gender identity continued
    to be a problem. There were no lesbian, gay, bisexual, or transgender
    persons' organizations active in the country.

        Other Societal Violence or Discrimination.--There were no reports
    of societal violence or discrimination against persons with HIV/AIDS.
    Section 7. Worker Rights

        a. The Right of Association.--The law allows workers to form and to
    join unions of their choice without previous authorization or excessive
    requirements, and workers exercised this right in practice. There are
    no restrictions except for employees of diplomatic missions. The
    country's workforce was estimated at 194,358, 22 percent of whom were
    unionized. Updated data on the percentage of workers in the
    agricultural, nonagricultural, public, and private sectors were not
    available. The laws allow unions to conduct their activities without
    government interference. The law provides union members with the right
    to strike. Nonetheless, the Government may invoke a ``civil request''
    through which it may require the striking union to continue providing
    specified minimum services in an emergency or if provision of basic
    services is threatened.

        b. The Right to Organize and Bargain Collectively.--The law allows
    unions to conduct their activities without interference, and the
    Government protected this right in practice. The law provides for the
    right of workers to bargain collectively; however, there was very
    little collective bargaining. There were no collective bargaining
    agreements and no collective labor contracts completed during the year.
        The law prohibits antiunion discrimination, and the Government
    effectively enforced this provision. There were no reports of such
    discrimination by employers during the year.
        There are no special laws or exemptions from regular labor laws
    within the export processing zone that encompasses the entire country.

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

        d. Prohibition of Child Labor and Minimum Age for Employment.--
    There are laws and policies to protect children from exploitation in
    the workplace, but the Government did not implement them effectively. A
    revised labor code was approved in 2008, which lowered the legal
    minimum age for employment from 16 to 15 years. The code also states
    that children under 15 years old may be allowed to work as apprentices
    under specific conditions that do not jeopardize the child's health and
    development; however, the Government rarely enforced either provision.
    For children under the age of 15, only apprentice contracts are
    allowed.
        The most recent statistics available (2000 census) indicated that
    an estimated 8,000 children were working as street vendors and car
    washers in urban centers and in agriculture, animal husbandry, and
    fishing in the countryside. It is believed, however, that the vast
    majority performed work outside of school hours and attended school.
        In 2007 the ICCA concluded a study analyzing the child labor
    situation in the country. The goals of the study were to raise public
    awareness, create an action plan to prevent children from entering
    exploitive work situations, and encourage children engaged in such
    labor to stop. The study concluded that child labor was a limited
    reality in the country and, in most cases, it was a result of poverty
    and closely tied to the activities of the entire family.
        The Ministries of Justice and Labor were responsible for enforcing
    child labor laws. In practice, however, they seldom did so. There were
    no government programs to address child labor.

        e. Acceptable Conditions of Work.--As the country's largest
    employer, the Government continued to play the dominant role in setting
    wages. It did not fix wages for the private sector, but salary levels
    for civil servants provided the basis for wage negotiations in the
    private sector. For a typical entry-level worker, this wage was
    approximately 12,000 escudos ($163) per month. The majority of jobs
    paid wages that did not provide a worker and family with a decent
    standard of living; most workers also relied on second jobs and support
    from their extended family for income.
        The law sets the maximum workweek for adults at 44 hours, prohibits
    excessive compulsory overtime, and requires that a premium be paid for
    whatever overtime is worked. The law also mandates required rest
    periods, which vary according to sector; the minimum period of rest is
    12 hours. While large employers generally respected these regulations,
    many domestic servants and agricultural laborers worked longer hours.
    The labor code applicable to seamen and merchant marines was updated in
    May. By legislative decree, the rest period for maritime workers was
    increased from 2.5 days per 30 working days to 10 consecutive days per
    30 working days.
        The director general of labor conducted sporadic inspections to
    enforce the labor code and imposed fines on private enterprises that
    were not in conformity with the law. Nonetheless, the Government did
    not enforce labor laws systematically, and much of the labor force did
    not enjoy legal protection.
        The Government has not set occupational health and safety
    standards; however, there is a general provision in the law that
    requires employers to provide a healthy and safe work environment. Few
    industries employed heavy or dangerous equipment. The law provides
    workers the right to remove themselves from situations that endanger
    health or safety without jeopardizing their continued employment. There
    were no exceptions in the law for foreign or migrant workers.

                                   __________

                          THE CENTRAL AFRICAN REPUBLIC

        The Central African Republic (CAR) is a constitutional republic of
    approximately 4.5 million that is governed by a strong executive
    branch; the legislative and judicial branches are weak. Former armed
    forces Chief of Staff General Francois Bozize seized power in a
    military coup in 2003 and was elected president in 2005 elections.
    National and international observers judged the elections to be
    generally free and fair despite some irregularities. Bozize's term as
    president was stipulated under the constitution to expire on June 11.
    However, on May 10, the National Assembly passed a constitutional
    amendment that extended the terms of the office of the president and
    the National Assembly until elections. Poor preparations and a lack of
    funding led the Government to delay the constitutionally mandated
    presidential and legislative elections scheduled during the year; as of
    year's end, the elections were scheduled for early 2011. Fighting
    between nonstate armed entities, as well as between nonstate armed
    entities and government security forces, increased, and much of the
    northwestern, northeastern, and extreme southeastern regions remained
    outside of government control. The illegal trade in diamonds
    contributed to conflict and human rights abuses in some parts of the
    country. Banditry remained a serious threat to civilians throughout the
    northern provinces. There were instances in which elements of the
    security forces acted independently of civilian control.
        Principal human rights abuses included security forces continuing
    to commit extrajudicial executions in the North, torture, beatings,
    detention, and rape of suspects and prisoners; impunity, particularly
    among the armed forces ; harsh and life-threatening conditions in
    prisons and detention centers; arbitrary arrest and detention,
    prolonged pretrial detention, and denial of fair trial; occasional
    intimidation and restrictions on the press; restrictions on freedom of
    movement; official corruption; and restrictions on workers' rights. Mob
    violence resulted in deaths and injuries. Societal abuses included
    female genital mutilation (FGM), discrimination against women and
    Pygmies; trafficking in persons; forced labor; and child labor,
    including forced child labor. Freedom of movement remained limited in
    the North because of actions by state security forces, armed bandits,
    and other nonstate armed entities. Sporadic fighting between government
    forces and nonstate armed entities continued to displace persons
    internally and increase the number of refugees.
        Nonstate armed entities, some of which were unidentified, continued
    to kill, beat, and rape civilians and loot and burn villages in the
    North. Nonstate armed entities kidnapped, beat, raped, and extorted
    money from local populations. There were reports of children as young
    as 12 years old serving as fighters in nonstate armed entities.
                            respect for human rights
    Section 1. Respect for the Integrity of the Person, Including Freedom
            From:

        a. Arbitrary or Unlawful Deprivation of Life.--Unlike the previous
    year, there was one allegation that the Government or its agents killed
    a member of opposing political groups. Soldiers, particularly the
    presidential security forces (presidential guard), killed civilians
    they suspected of being road bandits or supporting nonstate armed
    entities. Both government security forces and nonstate armed entities
    killed civilians in the course of conflict in the North (see section
    1.g.).
        During the year there were numerous credible reports that elements
    of the security forces, including the Central African Armed Forces
    (FACA), and particularly the presidential guard, committed unlawful
    killings while apprehending suspects and, allegedly, in connection with
    personal disputes or rivalries. Authorities appeared unwilling to
    prosecute personnel of the presidential guard for extrajudicial
    killings (see sections 1.d. and 1.g.).
        There were no further developments in the following 2009 killings:
    the February beating death of Police Commissioner Daniel Sama by a
    senior member of the presidential guard; the April killing of suspected
    thieves Maxime Banga and Adam Demori, allegedly by members of the
    Central Office for the Repression of Banditry (OCRB); and the June
    killing of a butcher in Bangui by a gendarme and a member of the
    Research and Investigation Services (SRI).
        Security forces continued to commit extrajudicial killings (see
    section 1.g.).
        Unlike the previous year, the Permanent Military Tribunal (PMT) did
    not adjudicate crimes committed by armed forces personnel (see section
    1.d.). The PMT did not meet during the year as President Bozize
    declined to fill vacancies on the tribunal.
        There were no reports of the Government prosecuting any OCRB
    personnel for killings committed in 2008.
        There were no developments in the case of presidential guard member
    Boris Namsene, who shot and killed five persons in 2008 in Bangui
    before his apparent murder three days later.
        In May villagers in Dissikou, located in Kaga Bandoro Province,
    killed two Mbororo men after the Mbororo accused the villagers of
    stealing their cattle. No intervention by the gendarmes based in the
    village took place, and there were no further developments by year's
    end.
        In mid October residents of Bozoum, Ouham Pende Province, killed a
    suspected thief. According to a humanitarian worker, local gendarmes
    took part in the killing. Gendarmes claimed that they had no way of
    knowing who was responsible for the killing and did not plan on
    prosecuting anyone.
        In November a member of the presidential guard, Elian Ngouyombo,
    shot and killed a 13-year-old boy in the eighth district of Bangui
    after a night guard who was watching a neighbor's house claimed the boy
    was trying to break into a bar owned by a member of the presidential
    guard. The soldier was arrested but was released a week later. No
    further information was available at year's end.
        Armed bandits have contributed to instability for many years and
    continued to kill civilians. In the central part of the country,
    nonstate armed entities known as ``zaraguinas'' engaged in kidnappings,
    at times killing family members of individuals who could not or would
    not pay ransom. Although information about these armed entities was
    difficult to obtain, aid workers and UN officials described them as a
    combination of common criminals and remnants of insurgent groups from
    the recurring conflicts in the region.
        There was no investigation into the 2008 death of Nganatouwa
    Goungaye Wanfiyo, a leading human rights activist near Sibut.
        Civilians reportedly continued to kill persons suspected of being
    sorcerers or witches.
        There was no additional information regarding the killing of two
    individuals suspected of witchcraft by members of a nonstate armed
    entity, Popular Army for the Restoration of the Republic (APRD), in
    June near Kaga Bandoro.

        b. Disappearance.--Hassan Ousman, leader of the National Movement
    for the Salvation of the People, and member of the Follow-up Committee
    of the 2008 Inclusive Political Dialogue--which brought together the
    Government, rebel groups, civil society, and the democratic opposition
    in an effort to negotiate a power-sharing agreement and end a number of
    insurgencies underway since 2005--disappeared in December 2009.
    According to family members, the last time Ousman communicated with
    them was the day prior to his disappearance. Two family members who
    travelled to Bossembele to collect information about his possible
    detention were arrested and detained without charge for several weeks
    before being released. As of year's end, no further information about
    his disappearance was available.
        During the year several nonstate armed entities kidnapped Mbororo
    children and young adults and held them for ransom.
        The Lord's Resistance Army (LRA) continued to abduct men, women,
    and children in the southeastern part of the country (see section
    1.g.).
        The two foreign resident nongovernmental organization (NGO) workers
    taken hostage in November 2009 in Birao were released in March.
        No further information was available on the December 2009
    disappearance of Charles Massi, a member of the nonstate armed entity
    Convention of Patriots for Justice and Peace (CPJP) and a former
    minister (see section 1.g.).

        c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
    Punishment.--Although the law and the constitution prohibit torture and
    specify punishment for those found guilty of physical abuse, police and
    security services continued to torture, beat, and otherwise abuse
    criminal suspects, detainees, and prisoners, according to local human
    rights groups such as the Central African Association Against Torture
    (ACAT) and the Central African Human Rights League (LCDH).
        The Government did not punish police who tortured suspects, and
    impunity remained a serious problem (see section 1.d.). Family members
    of victims and human rights groups, including the Central African Human
    Rights Monitoring Group (OCDH), filed complaints with the courts, but
    authorities took no action. Members of the armed forces raped, robbed,
    and abused civilians in conflict and nonconflict areas. Human rights
    lawyers reported that victims of abuse by authorities were often
    pressured by relatives not to pursue their cases out of fear of
    reprisal.
        According to ACAT, torture and beating of detainees occurred
    frequently in detention centers run by the SRI and the OCRB. Police
    employed several forms of torture, including ``le cafe,'' which
    entailed the repeated beating of the soles of an individual's feet with
    a baton or stick. Immediately after administering the beating, police
    would sometimes force the victim to walk on badly bruised feet and, if
    the individual was unable to do so, they continued the beating (see
    section 1.g.).
        For example, on April 9, authorities arrested Abdelsalem Doungouss,
    a lieutenant in the Water and Forest Ranger Service in Ndele, on
    accusations of complicity with the CPJP militia. During his initial
    arrest, members of the armed forces tortured him before transferring
    him to the SRI prison in Bangui, where he spent two months before being
    released on June 10 for lack of evidence. There were no reports of
    authorities taking action against those responsible.
        Authorities tortured an individual suspected of being a member of
    the CPJP (see section 1.d.).
        Authorities took no action in the following 2009 cases: the
    severing of three fingers of a man accused of stealing electrical cable
    by a presidential guard member in Bossangoa, and the June beating and
    burning of 15-year-old Angele Ndarata, accused of witchcraft by the
    parents of a boy who drowned in the Oubangui river and a court clerk
    who authorized the torture.
        Authorities took no action in any of the following cases of abuse
    by members of security forces in Bangui in 2008: the severe beating of
    a man in Bangui by Corporal Zilo and five of his FACA colleagues in
    July; the beating of a man and his sister by Lieutenant Olivier
    Koudemon, a member of the presidential guard, in August; the severe
    beating of a suspect at OCRB and SRI police headquarters in October; or
    the beating of several individuals by Koudemon in December.
        Civilians continued to suffer mistreatment in territories
    controlled by nonstate armed entities (see section 1.g.).
        Members of security forces, particularly the armed forces,
    reportedly raped civilians, although throughout the country sexual
    assaults were rarely reported. Security personnel rarely were punished.
        There were no further developments in the ongoing International
    Criminal Court investigation into the 2005 charges against former
    president Ange-Felix Patasse and others for crimes against humanity,
    including rape, committed prior to and during the 2003 coup.
        Civilians continued to take vigilante action against suspected
    thieves, poachers, and ``witches.''
        Civilians reportedly continued to injure and torture persons
    suspected of being sorcerers or witches. Mob violence was widespread
    and cases were underreported.
        In April villagers in the town of Pende burned to death a women
    accused of witchcraft. There were no further developments by year's
    end.
        In July a prison official in Mobaye, Basse-Kotto Province, accused
    Angele Ndarata, a 15-year-old girl, of using witchcraft to cause the
    death of his wife. He subsequently ordered detainees to pour kerosene
    on her arms and set them on fire. The girl suffered severe burns. This
    was the second time the girl had been accused and tortured due to
    witchcraft claims. There were no further developments by year's end.
        In early September, villagers in Bocaranga murdered a man accused
    of bewitching and causing the death of another man. There were no
    further developments by year's end.
        In September the High Court in Bangui found four persons, including
    two children, respectively 10 and 13 years old, guilty of witchcraft
    and charlatanism. No further information about their fate was known at
    year's end.
        In October the APRD arrested and detained four persons in
    Mbereguili village after being accused of witchcraft. All four were
    tortured before being released.
        Authorities took no action in the following 2009 sorcery-related
    cases: the June beating of a woman in the village of Ngoumourou and the
    June beating of a woman and her child in Kaga Bandoro.
        No action was taken against the mob that beat 13-year-old Vivian
    Ngoupande in August 2009. At year's end, Vivian was living with her
    aunt in another town.

        Prison and Detention Center Conditions.--Prison conditions were
    extremely harsh and, in some cases, life threatening. Prison conditions
    outside Bangui generally were even worse than those in the capital.
    Police, gendarme investigators, and presidential guards assigned as
    prison wardens continued to subject prison inmates to torture and other
    forms of inhuman, cruel, and degrading treatment. Many prisons in the
    country lacked basic sanitation and ventilation, electric lighting,
    basic and emergency medical care, and access to potable water.
        Prison cells were overcrowded, and basic necessities, including
    food, clothing, and medicine, were inadequate and often confiscated by
    prison officials. Prisoners depended on family members to supplement
    inadequate prison meals and sometimes were allowed to forage for food
    near the prison. According to a number of international observers and
    prison officials, prison detainees outside Bangui received no food from
    prison authorities and sometimes had to pay bribes to prison guards to
    secure food brought to them by their relatives. As in previous years,
    there continued to be reports of deaths in prison due to adverse
    conditions and negligence, including lack of medical treatment and
    inadequate food. According to the director of prisons at the Ministry
    of Justice, two deaths attributed to adverse conditions were reported
    in Bangui's Ngaragba prison during the year.
        Prisoners and detainees had reasonable access to visitors and were
    permitted religious observance. The Attorney General's Office granted
    visitation privileges, but in practice those wishing to visit prisoners
    often had to bribe prison guards and officials.
        According to several human rights lawyers, prison detainees have
    the right to submit complaints in the case of ill treatment during
    their detention; for the minority of detainees who had lawyers, it was
    generally their lawyers who apprised judicial authorities about ill
    treatment of their clients. Victims hesitated to lodge formal
    complaints out of fear of reprisal from prison officials. Authorities
    rarely initiated investigations of abuses in the prison system.
        Prison administrators submitted reports describing the poor
    detention conditions, but these reports did not result in any action.
        A census conducted by the UN Development Program (UNDP) in Bozoum
    Prison in January and February 2009 indicated 80 percent of prisoners
    complained of food shortages.
        Prisoners frequently were forced to perform uncompensated labor
    (see section 7.c.).
        Male and female prisoners were held in separate facilities in
    Bangui. Elsewhere, male and female prisoners were housed together, but
    in separate cells. Juveniles were sometimes held with adult prisoners.
        Pretrial detainees were not held separately from convicted
    prisoners. As of December, there were 1,320 prisoners in the country.
    The country's prison population decreased by 38.46 percent from 2009
    levels, largely as result of a decree signed by President Bozize on the
    anniversary of the country's independence on December 1. President
    Bozize granted amnesty to prisoners with sentences that ranged from a
    few months to no more than five years.
        There were two prisons in Bangui, Ngaragba for men and Bimbo
    Central Prison for women. Inmates with infectious diseases were not
    segregated from other inmates. A nurse was available at the two prisons
    for inmates needing medical care. Detainees and inmates at both prisons
    received one meal per day. Food was insufficient, and prisoners
    complained of inferior ingredients. Inmates slept on the floor or on
    thin matting provided by families or charities. Authorities at the
    Bangui prison permitted detainees' families to make weekly visits.
        As of December, there were 152 inmates in Ngaragba Prison; 102 of
    them were pretrial detainees. Several detainees had been held for seven
    months without appearing before a judge. Five prisoners were detained
    on accusations of sorcery. The more crowded cells each held
    approximately 30 to 40 inmates. Prisoners usually slept on bare
    concrete and complained that water supplies were inadequate. In the
    section reserved primarily for educated prisoners and former government
    officials suspected or convicted of financial crimes, cells held four
    to eight persons.
        On January 23, Ngaragba prison closed for three weeks as a result
    of damages caused to the building by detainees rioting against the new
    prison director's disciplinary rules. For three days, prisoners tore
    apart their cells and threw rocks and chunks of concrete at riot police
    standing outside the prison walls. Authorities emptied the prison
    during the period of repairs and housed prisoners at various Bangui
    police stations, gendarmerie centers, and the OCRB's and SRI's
    detention centers. Reports suggested that the perceived ring leaders of
    the riot received ``special treatment,'' indicating rougher than usual
    punishment, while in detention at the OCRB. After the rehabilitation,
    all the detainees were returned to Ngaragba.
        As of December, Bimbo Central Prison held 33 female inmates, 21 of
    whom were pretrial detainees. Several had been detained for months and
    had not appeared before a judge; few had lawyers. Prison officials
    allowed sick detainees to be treated by a nurse who visited regularly.
    Overcrowding was reportedly not a problem, and children younger than
    five years old were allowed to stay with their mothers at the prison.
    In December a prison guard at Bimbo Central Prison, Andre Mangai,
    attempted to rape prisoner Ivonne Paki and left her with several
    injuries. Ivonne Paki's lawyer filed a complaint with the general
    prosecutor, and the case is currently followed by OCDH. The guard was
    immediately assigned to another prison, and the case was still under
    review by the court at the end of the year.
        On September 11, a military guard at the prison in the town of
    Boda, Corporal Armand Ngagouni, sexually assaulted Ivonne Kokombe, who
    was being detained for sorcery. The sexual assault resulted in serious
    injuries. The case was reported by OCDH and taken to court, although no
    decision had been made by year's end.
        Conditions in detention centers were worse than those in prisons
    and, in some cases, were life threatening. Bangui's police detention
    centers consisted of overcrowded cells with very little light and leaky
    buckets for toilets. Poor sanitation and negligence by authorities
    posed a serious health risk to detainees. According to local human
    rights groups, lack of training and poor supervision at detention
    centers were serious problems and continued to result in torture and
    beatings. Suspects in police and gendarmerie cells had to depend on
    family, friends, religious groups, and NGOs for food. Detainees with
    infectious diseases were not segregated from other detainees, and
    medicine was not available. Suspects generally slept on bare cement or
    dirt floors. Corruption among guards was pervasive. Guards often
    demanded between 200-300 CFA francs ($0.40--$0.60) to permit showers,
    delivery of food and water, or family visits.
        International observers noted that the detention center in the
    gendarmerie in Bouar had neither windows nor a toilet, only a bucket
    that was emptied every other day. Detainees at the police facility in
    Bouar slept chained to each other, a measure the police justified by
    alleging the detainees were recidivists and undisciplined.
        In Bangui male and female detainees were separated; however, this
    was reportedly not the case in jails and temporary detention facilities
    in the countryside. There were no separate detention facilities for
    juvenile detainees, who routinely were housed with adults and often
    subjected to physical abuse.
        According to a June report by the UN Secretary-General to the UN
    Security Council, escapes by detainees, including incarcerated members
    of the armed forces, have become prevalent, critically affecting the
    fight against impunity.
        The Government restricted prison visits by human rights observers.
    Although international observers were not entirely denied visits, the
    Government delayed responses to visit requests, often for weeks or
    months. The International Committee of the Red Cross (ICRC) and
    religious groups routinely provided supplies, food, and clothes to
    prisoners. The ICRC had unrestricted access to prisoners; however,
    access for some other observers was at times limited to certain areas
    of a given facility. There was no ombudsman system in the country.
        Adopted by the National Assembly during the year, the Government
    budget included an increase of 1.7 percent for the Ministry of Justice.
    However, this action did not translate into a significant increase of
    resources devoted to prisons or detention centers.
        In its national report submitted in February 2009 to the UN Office
    of the High Commissioner of Human Rights (UNOHCHR's) Universal Periodic
    Review Working Group (UPRWG), the Government claimed the following
    improvements: construction or renovation of prisons in Sibut, Kaga-
    Bandoro, Bossangoa, Batangafo, Berberati, Bossembele, and Bozoum;
    training for prison wardens and directors; demilitarization of prison
    facilities; and separation of the sexes in Bangui prisons. By year's
    end, rehabilitation work was completed at all of the locations
    according to the Ministry of Justice. The prisons constructed in Bria
    and Bouca hold 120 and 100 persons respectively.
        In April approximately 15 domestic NGOs, with assistance from the
    UNDP, created the coordinated prison action (CAP), an awareness-
    building mechanism designed to increase monitoring of prison and
    detention center conditions. The Ministry of Justice said it supported
    the body in principle but demanded that representatives from the
    Government be included, causing some NGOs to express concern about the
    CAP's independence. At year's end, the Ministry of Justice had not yet
    agreed to the proposed monitoring framework through which prisons could
    be accessed.

        d. Arbitrary Arrest or Detention.--The law provides protection
    against arbitrary arrest and detention and accords detainees the right
    to a judicial determination of the legality of their detention;
    however, security forces frequently ignored such provisions, and
    arbitrary arrest and detention remained problems.
        On April 23, a FACA detachment arbitrarily arrested Balala Fotour
    in Zoukoutouniala, near Ndele, on allegations of being a member of
    CPJP. After severely torturing and making death threats against Fotour,
    the FACA transferred him to the SRI in Bangui, where he spent three
    months before being transferred to Ngaragba prison where he remained in
    detention at year's end. According to Fotour, he travelled to a CPJP
    controlled area to visit a sick family member and had nothing to do
    with CPJP.
        On June 9, the burning of Rayan Supermarket in Bangui resulted in
    the arrests of 11 persons, including Bienvenu Ngaro, Prosper Gbanga,
    Michelle Bengba, Lin Maximin, Crozin Cazin, Austin Moudjikem, Michael
    Boda Makpevode, Mathurin Ngozoua Mamadou, Ngere Koundangba, and
    Mathurin Francisco Willibona without due process. The two main
    suspects, Symphorien Balemby, president of the Central African Bar
    Association and Jean Daniel Ndengou, first vice president of the
    Economic and Social Council attached to the National Assembly, remained
    at large at year's end. On June 10, authorities arrested Albertine
    Kalayen Balemby, wife and secretary of Symphorien Balemby, and Gabin
    Ndengou, brother of Jean Daniel Ndengou and driver for the World Health
    Organization. The prisoners were transferred without due process to
    Bossembele Presidential Guard Detention Center located 91 miles from
    Bangui. According to Amnesty International, the detainees were reported
    to have been charged with arson, inciting hatred, and criminal
    association. In an act described as illegal by the Central African Bar
    Association, security forces searched Balemby's office without the
    presence of a lawyer. To protest against these practices, the Central
    African Bar Association went on strike on June 12 but resumed
    activities on August 7 after the attorney general agreed to conduct an
    investigation. At year's end, 11 persons remained in custody, and the
    investigation was ongoing.

        Role of the Police and Security Apparatus.--The Ministry of the
    Interior and Public Security, through the director general of police,
    oversees the activities of the national police, including the OCRB. The
    Ministry of Defense oversees armed forces, including the presidential
    guard, the national gendarmerie, and the SRI. The police and the armed
    forces share responsibility for internal security.
        Police were ineffective; they severely lacked financial resources,
    and their salaries were often in arrears. Citizens' lack of faith in
    police led at times to mob violence against persons suspected of theft
    and other offenses.
        During a visit to the country in February, UN High Commissioner for
    Human Rights Navi Pillay identified impunity for human rights abuses as
    one of the most daunting challenges facing the country. ``Summary
    executions, enforced disappearances, illegal arrests, and detention are
    all issues that have surfaced in connection with state security and
    defense institutions,'' she said, ``and strenuous efforts need to be
    made to put an end to these extremely serious abuses of power.''
        Mechanisms existed for redress of abuses by members of the police
    and armed forces. Citizens filed complaints with the public prosecutor.
    The most common complaints involved theft, rape, brutality, and
    embezzlement. Impunity remained a severe problem. Although the
    prosecutor had the ability to exercise authority and order the arrest
    of police officers suspected of committing abuses, the prosecutor's
    staff was small and severely underfunded. There was at least one
    prosecution of a police officer during the year, according to the
    deputy prosecutor.
        In October a police officer was caught stealing money from a person
    under arrest at a police station in Bangui. The incarcerated person's
    lawyer took the case to court, but no further action was taken by
    year's end.
        The PMT did not meet during the year, although it normally holds
    two yearly sessions. According to an official from the Ministry of
    Justice, the PMT did not hold any sessions because the positions of the
    president, prosecutor, and deputy prosecutor of the tribunal remained
    unfilled.
        In June the country's delegation at the UNOHCHR told the UPRWG the
    country faced challenges implementing military justice, particularly
    because prison guards who belonged to the armed forces allowed or
    facilitated escapes for detained armed forces personnel (see section
    1.c.).
        During the year, in cooperation with the Government, the Human
    Rights Section of the UN's Integrated Office in the Central African
    Republic (BINUCA) continued to collect complaints of human rights
    abuses committed by members of the security forces, including FACA
    soldiers, and by nonstate actors. It continued to investigate abuses
    and share information with the public prosecutor to facilitate the
    fight against impunity. In addition BINUCA provided more than 120
    members of the security forces, including police officers and
    gendarmes, with international humanitarian law and human rights
    training; it also provided similar training for 100 armed forces
    personnel of the multinational Mission for the Consolidation of Peace
    (MICOPAX).
        BINUCA maintained UN human rights observers in three regional UN
    offices in the northwestern and central regions. While BINUCA reported
    on human rights and worked with the local human rights community, local
    and international observers have criticized its human rights section in
    recent years for its inability or refusal to bring such abuses to light
    or demand redress.
        As part of its efforts to protect citizens and safeguard property,
    the Government continued to conduct joint security operations with
    several hundred regional armed forces peacekeepers in the capital and
    selected cities in the Northwest. The Government also conducted joint
    operations with the UN Mission in the CAR and Chad in the northeastern
    Vakaga Province.

        Arrest Procedures and Treatment While in Detention.--Judicial
    warrants are not required for arrest. The law stipulates that persons
    detained in cases other than those involving national security must be
    informed of the charges against them, and brought before a magistrate
    within 48 hours. This period is renewable once, for a total of 96
    hours. In practice authorities often did not respect these deadlines,
    in part due to inefficient judicial procedures and a lack of judges. In
    several police detention centers, including the SRI, detainees were
    held for more than two days and often for weeks before authorities
    brought their cases before a magistrate. The head of the SRI stated
    that the SRI lacked the human resources and basic equipment such as
    computers to process cases in a timely manner.
        The law allows all detainees, including those held on national
    security grounds, to have access to their families and to legal
    counsel. Indigent detainees may request a lawyer provided by the
    Government, although it was not known if this right was often invoked.
    Detainees are allowed to post bail or have family members post bail for
    them. In most cases, lawyers and families had free access to detainees,
    but incommunicado detention occasionally occurred.
        There were different standards for treatment of detainees held for
    crimes against the security of the state. National security detainees
    may be held without charge for up to eight days, and this period can be
    renewed once, for a total of 16 days. However, in practice such persons
    were held without charge for longer periods.
        In September 2009 the National Assembly adopted revised penal and
    criminal procedure codes. Under these reforms, detainees gained the
    right to have access to attorneys immediately after arrest. However,
    many detainees were not able to exercise this right because of the
    costs of hiring a lawyer and a lack of understanding of their rights
    under the law.
        According to BINUCA's human rights section, arbitrary arrest was a
    serious problem and was the most common human rights abuse committed by
    security forces during the year.
        During the year authorities continued to arrest individuals,
    particularly women, and charge them with witchcraft, an offense
    punishable by execution, although no one received the death penalty
    during the year. Prison officials at Bimbo Central Prison for women
    stated that accused witches were detained for their own safety, since
    village mobs sometimes killed suspected witches. Near the end of the
    year, Bangui prison officials estimated that 18 percent of female
    detainees had been arrested for purported witchcraft.
        During a visit in February, UN High Commissioner for Human Rights
    Pillay voiced deep concern over the targeting of women accused of being
    witches, ``a gender-based calumny that has no place in any society in
    the 21st century.''
        Prolonged pretrial detention was a serious problem. At year's end,
    pretrial detainees constituted approximately 67 percent of Ngaragba
    Central Prison's population and an estimated 63 percent of Bimbo
    Central Prison's population. Detainees usually were informed of the
    charges against them; however, many waited in prison for several months
    before seeing a judge. Judicial inefficiency and corruption, as well as
    a shortage of judges and severe financial constraints on the judicial
    system, contributed to pretrial delays. Some detainees remained in
    prison for years because of lost files and bureaucratic obstacles.
        In December President Bozize granted amnesty to prisoners with
    sentences that ranged from a few months to no more than five years (see
    section 1.c.).

        e. Denial of Fair Public Trial.--The constitution provides for an
    independent judiciary; however, the judiciary remained subject to
    executive branch influence and, despite government efforts to improve
    its capacity, the judiciary was inadequate to meet its tasks.
        During a visit in February, UN High Commissioner for Human Rights
    Pillay expressed concerns about the judiciary's lack of independence.
    However, she praised the National Assembly's revision during the year
    of penal and criminal procedure codes, which she said would help
    bolster the independence of the judiciary and bolster the fight against
    impunity for human rights abuses.
        The courts continued to suffer from inefficient administration, a
    shortage of trained personnel, growing salary arrears, and a lack of
    material resources. Less than 1 percent of the annual national budget
    was devoted to the Ministry of Justice. According to a Ministry of
    Justice source, during the year there were 124 magistrates working in
    the entire country. Many citizens effectively lacked access to the
    judicial system. Citizens often had to travel more than 30 miles to
    reach one of the 38 courthouses. Consequently, traditional justice at
    the family and village level retained a major role in settling
    conflicts and administering punishment.
        There were numerous reports that, in reaction to judicial
    inefficiency, citizens in a number of cities organized to deal with
    cases through parallel justice and persecution, such as mob violence,
    or resorted to neighborhood tribunals and appeals to local chiefs.
    Citizens also sought such resort in cases of alleged witchcraft.

        Trial Procedures.--According to the penal code, defendants are
    presumed innocent until proven guilty. Trials are public, and
    defendants have the right to be present and to consult a public
    defender. Criminal trials use juries. If an individual is accused of a
    serious crime and cannot afford a lawyer, the Government has an
    obligation to provide one. In practice the Government provided counsel
    for indigent defendants, although this process was often slow and
    delayed trial proceedings due to the state's limited resources.
    Defendants have the right to question witnesses, to present witnesses
    and evidence on their own behalf, and to have access to government-held
    evidence. Defendants have the right to appeal. The law extends these
    rights to any citizen, including women. The Government generally
    complied with these legal requirements. The judiciary, however, did not
    enforce consistently the right to a fair trial, and there were many
    credible reports of corruption within the court system. One indigenous
    ethnic group in particular, the Ba'Aka (Pygmies), reportedly was
    subject to legal discrimination and unfair trials.
        Authorities occasionally tried cases of purported witchcraft in the
    regular courts. Witchcraft is punishable by execution although the
    state imposed no death sentences during the year. Most individuals
    convicted of witchcraft received sentences of one to five years in
    prison; they could also be fined up to 817,800 CFA francs ($1,636).
    Police and gendarmes conducted investigations into alleged witchcraft.
    During a typical witchcraft trial, authorities called practitioners of
    traditional medicine to give their opinion of a suspect's ties to
    sorcery, and neighbors occasionally served as witnesses. The law does
    not define the elements of witchcraft, and the determination lies
    solely with the magistrate.

        Political Prisoners and Detainees.--There were no reports of
    political prisoners or detainees.
        Authorities granted BINUCA's human rights unit and human rights and
    humanitarian NGOs limited access to prisoners and detainees, although
    bureaucratic requirements for visits and delays significantly
    restricted their frequency during the year.

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

        f. Arbitrary Interference With Privacy, Family, Home, or
    Correspondence.--The law prohibits searches of homes without a warrant
    in civil and criminal cases; however, police sometimes used provisions
    of the penal code governing certain political and security cases to
    search private property without a warrant.
        Further developments in the June 2009 attack on the house of
    Minister of Regional Development Marie Reine Hassen were hindered by
    the PMT's inability to meet before year's end. The PMT has not met
    since April 2009.
        Local journalists claimed that the Government tapped their
    telephones and harassed them regularly by telephone.

        g. Use of Excessive Force and Other Abuses in Internal Conflicts.--
    Internal conflict continued in seven northern provinces and the
    Southeast. Despite the signing of the comprehensive peace accord in
    2008 between the Government and four nonstate armed entities--the APRD,
    the Democratic Front of the Central African People (FDPC), the Movement
    of Justice for Central African Liberators, and the Union of Democratic
    Forces for Unity (UFDR)--and a 2008 inclusive political dialogue
    between the Government, nonstate armed entities, the political
    opposition, and civil society, which resulted in the formation of a
    government of national unity in January 2009, violence continued to
    increase during the year. Government and opposition forces engaged in
    numerous serious human rights abuses in the course of their struggle
    for control of the North, where soldiers, nonstate armed entities, and
    bands of unidentified armed men attacked civilians. Observers estimated
    that the Government controlled little more than half of the country
    during the year.
        Although government forces and nonstate armed entities maintained a
    ceasefire for much of the year, one notable nonstate armed entity, the
    CPJP, remained outside the peace process at year's end and continued to
    fight government forces in the provinces of Bamingui Bangoran, Vakaga,
    Ouaka, and Haute Kotto, causing many civilians to flee. Civilians were
    caught in the crossfire during fighting between the CPJP and the armed
    forces, which often accused them of supporting the nonstate armed
    entities. The CPJP has reportedly employed rape and murder as
    intimidation tactics.
        During the year there was deliberate restriction of the free and
    safe passage of humanitarian organizations' assistance. During the
    first seven months of the year, the Government denied humanitarian
    access north of the town of Ndele. In addition on October 2,
    humanitarian missions, led by the UN Educational, Scientific and
    Cultural Organization (UNESCO)-UNDP and MICOPAX, were blocked at an
    unofficial check point near Bozoum and threatened by APRD elements.
    These missions were ultimately allowed to continue after payment of
    money.
        According to Dangerous Little Stones: Diamonds in the Central
    African Republic, a December report by the International Crisis Group,
    ``rampant smuggling [of diamonds] fosters illicit trading networks that
    deprive the state of much needed revenue, while the Government's
    refusal to distribute national wealth fairly has led jealous factions
    to launch rebellions. Profits from mining and selling diamonds
    illegally enable armed groups to collect new recruits and create a
    strong incentive not to disarm.'' During the year the CPJP, which was
    active around the northeastern town of Ndele, frequently targeted
    diamond producing zones, killing those who worked in the diamond pits
    and trading the rough stones.
        In addition attacks on civilians by the LRA in the Southeast
    contributed to the humanitarian crisis, increasing the number of
    internally displaced persons in LRA-affected areas.
        The UN-led Security Sector Reform process continued to outline the
    restructuring and redeployment of the armed forces. The disarmament,
    demobilization, and reintegration of nonstate armed entities began in
    2008 and continued in some provinces after suffering numerous delays.
        The Ugandan Peoples Defense Force, in the eastern sector of the
    country, cooperated with the FACA in operations against LRA guerillas.
        Armed entities, including unidentified ones, took advantage of
    weakened security and continued to attack, kill, rob, beat, and rape
    civilians and loot and burn villages in the North. Kidnappings by such
    groups continued at an alarming rate during the year, contributing
    significantly to the massive population displacement. However,
    according to the ICRC, improved security in the Northwest encouraged
    some of the thousands displaced by conflict in recent years to return
    home.

        Killings.--Extrajudicial killings continued. During operations
    conducted by state armed forces against nonstate armed entities
    (including highway bandits), government forces did not distinguish
    between nonstate armed entities and civilians in the villages.
    Government forces often burned houses and sometimes killed villagers
    accused of being accomplices of nonstate armed entities.
        UN, press, and NGO observers noted several extrajudicial killings
    by security forces and the use of disproportionate force against
    suspected bandits and other members of nonstate armed entities.
        In December 2009 the family of Charles Massi, a member of the CPJP
    and a former minister, reported him missing. His wife and members of
    his party told international media that Chadian officials arrested
    Massi and transferred him to CAR authorities; his wife and members of
    his party also claimed that CAR authorities tortured and murdered him
    in Bossembele prison. Early in the year, the press widely reported the
    same thing, but the Ministry of Defense denied the claims. In August
    the attorney general found no evidence of wrongdoing by the Government,
    but strong suspicions remained about the extrajudicial murder of
    Charles Massi.
        Authorities took no action in any of the following four killings by
    members of the FACA.
        On January 10, the FACA detachment in Noufou arrested, tied up, and
    then killed three suspected cattle thieves from Cameroon.
        In April an international NGO reported that the FACA summarily
    executed a Chadian migrant farmer they claimed to be a member of the
    FDPC militia north of Kabo.
        On May 2, the FACA tortured and killed a suspected CPJP combatant
    found on the road between Ndele and Kaga Bandoro. The FACA allegedly
    displayed his body in Ndele shortly thereafter.
        On August 18, according to Le Democrate newspaper, a group of FACA
    based in Bang killed a local butcher who refused to serve them meat
    free of charge. The newspaper reported that on August 25, the local
    population killed three members of the FACA and one police commissioner
    in reprisal for the killing of the butcher.
        There were no further developments in the following 2009 cases: the
    February attack by the FACA on the village of Sokoumba that resulted in
    the death of at least 18 male civilians, including the village chief,
    or the March execution of four men suspected of banditry outside the
    northwestern town of Bozoum by government forces.
        There were no further developments in the June 2009 death of two
    civilians as a result of fighting between the FACA and the FDPC on the
    Kabo-Moyenne Sido road in Ouham Province.
        UN, press, and NGO observers noted numerous killings by nonstate
    actors and the use of disproportionate force against civilians.
        From January to the end of November, the total number of attacks
    the LRA launched over the year was at least 54, in which at least 128
    civilians were killed, more than 300 persons were abducted, and 20 were
    wounded. Approximately 80 persons detained by the LRA were released and
    another 39 escaped. As of November, the UN High Commissioner for
    Refugees (UNHCR) estimated 5,724 Congolese refugees and approximately
    21,000 internally displaced persons (IDPs) were in the southeast.
        On March 27, the CPJP attacked Yangoungale village. During this
    attack, insurgents took the village chief and the primary school
    director hostage. They reportedly shot and killed the school director's
    wife as she tried to escape the attack.
        On April 6, gunmen killed a pastor from Sido who was working for
    the local Independent Electoral Commission (IEC) office. Members of the
    FDPC were suspected in the slaying.
        On April 16, attackers identified only as ``armed bandits'' killed
    a member of the FACA who was escorting a convoy of IEC vehicles on the
    road between Birao and the border with Sudan.
        In mid-April, CPJP members reportedly burned the village chief of
    Mbollo alive.
        On May 3, the CPJP attacked Gadaye and Haoussa villages. In Gadaye
    the CPJP beat to death Abba Abdoulaye Hissen, the village patriarch,
    allegedly because he ordered villagers to leave the area and to settle
    in Ndele. In Haoussa the CPJP kidnapped and tortured Adamou Aroun, the
    village chief, for the same reason.
        On May 4, the CPJP murdered the deputy village chief of a village
    12 miles north of Ndele.
        On May 13, CPJP rebels invaded Diki in search of food. The village
    self-defense group killed one member of the CPJP. The next day, a group
    returned to the village, and looted and burned many houses. They also
    killed the chief of the village and wounded many villagers.
        On October 15, the CPJP attacked the town of Ippy in Ouaka
    Province. After looting several stores and destroying official
    buildings, CPJP attackers killed one secondary school student. No
    further developments were available at year's end.
        There were also killings resulting from tensions over land use
    during the year. On March 16, local residents of Batangafo fought with
    migrant Chadian cattle herders, leaving at least 17 persons dead. The
    UN reported 13 villages were burned and at least 1,500 persons
    displaced by the fighting. Gendarme and FACA in the town failed to
    intervene in the fighting; there were no further developments by year's
    end.
        There were no further developments in the following 2009 conflict-
    related killings: the March killing by APRD members of the chief of
    Tchoulao village in the Ouham Pende; the April killing by an APRD
    officer in the northwestern town of Paoua of the local national herders
    organization representative; and the April deaths of 25 persons,
    following street battles between Mbororo cattle raisers and beef
    wholesalers in Bangui.
        There were no further developments in the June 2009 torture and
    killing of two persons, relating to alleged witchcraft, by APRD members
    near Kaga Bandoro.

        Abductions.--The Popular Front for Redressing of Grievances, an
    exiled armed entity of Chadian origin, reportedly took civilians
    hostage during the year near Kaga Bandoro to extort money from their
    families.
        Human Rights Watch reported that between July 2009 and July 2010,
    the LRA abducted more than 300 persons, many of them children, in
    southeastern CAR.
        There was little or no response by local authorities to multiple
    kidnappings of civilians by armed entities considered to be bandits or
    zaraguinas (see section 1.a.).
        On October 28, a group of CPJP rebels operating in Sam Ouandja in
    Haute Kotto Province took 21 electoral workers hostage. The electoral
    workers were released a few days later after the CPJP rebels took all
    of their belongings.
        In November 2009 unidentified bandits in Birao abducted two foreign
    resident NGO employees. Kidnappers released the two in Darfur, Sudan,
    on March 14 (see section 1.b.).

        Physical Abuse, Punishment, and Torture.--Government forces and
    nonstate armed entities mistreated civilians, including through
    torture, beatings, and rape, in the course of the conflicts. During
    operations conducted by armed forces against nonstate armed entities
    (including highway bandits), the armed forces often burned homes and
    did not distinguish between nonstate armed entities and local civilian
    populations they regarded as accomplices, although less often than in
    the previous year.
        During the week of March 8, the mayor of Ndim reportedly authorized
    the public torture of a woman accused of adultery. No action was taken
    against those responsible by year's end.
        On April 26, Jojo Bozize, one of President Bozize's sons, ordered
    the arrest of two of his domestic employees, Betty Kibembe and Serge
    Tkpoba, on suspicion of stealing clothes from his residence. Gendarmes
    imprisoned the two for two days at the SRI detention center where they
    were severely tortured. Bozize later learned that his partner had taken
    the clothes to the cleaners and, as a result, he took Kibembe and
    Tkpoba to a private clinic for medical treatment. Kebembe suffered
    serious leg wounds. Authorities took no action against Bozize, and
    human rights lawyers stated the two victims refused to press charges.
        On June 6, Abdoulaye Amat, a member of the presidential guard,
    threatened Price Telo with a rifle and then cut off Telo's ear after he
    complained about a merchant and friend of Amat not paying full price
    for a motorcycle. Telo's parents informed senior figures of the
    presidential guard who told them they would arrest Amat, but at year's
    end, Amat remained free.
        Civilians continued to suffer mistreatment in armed territories
    controlled by nonstate armed entities.
        In April a member of the APRD killed a 12-year-old boy in
    Kounmbame. The APRD's local commander offered to execute the killer if
    the boy's family desired but, in the end, senior figures in the APRD
    paid the boy's family 100,000 CFA francs ($200).
        In April near Kaga Bandoro, the APRD arrested and tortured a man
    for allegedly practicing witchcraft. Members of the APRD tied the man
    to a tree, beat him, and cut off two of his toes to force a confession.
    After confessing, the man escaped, and the APRD responded by arresting
    his mother and torturing her. No further information was available at
    year's end.
        In May near Kaga Bandoro the APRD arrested a man for alleged shape
    shifting, a form of witchcraft. When he managed to flee, the APRD
    arrested his mother, stripped her naked, beat her, and forced her to
    pay of fine of 100,000 CFA francs ($200) before releasing her.
        No action was taken against APRD members who in March 2009 tortured
    a village chief in Bocaranga and the evangelical pastor who tried to
    help the chief.
        International and domestic observers reported that, during the
    year, state security forces and members of nonstate armed entities,
    including Chadian soldiers and bandits, continued to attack cattle
    herders, primarily members of the Mbororo ethnic group. Many observers
    believed Mbororo were targeted primarily because of their perceived
    relative wealth and the vulnerability of cattle to theft. One UN agency
    reported that, according to its NGO partners in the affected region,
    attackers often were themselves Mbororo.
        Mbororo cattle herders were also disproportionately subjected to
    kidnapping for ransom. A UN agency working in the area indicated the
    perpetrators often kidnapped women and children and held them for
    ransoms of between one million and two million CFA francs ($2,000--
    $4,000). Victims whose families did not pay were sometimes killed.
    Nonstate armed entities in the country continued to conduct frequent
    attacks on the Mbororo population on the Cameroonian side of the
    border, despite the Cameroonian government's deployment of security
    forces.
        Some observers noted the use of rape by both government forces and
    nonstate armed entities to terrorize the population in the northern
    provinces, especially in the CPJP's zones of operation. Given the
    social stigma attached to rape, any report would likely underestimate
    the incidence of rape in the conflict zones. Several NGOs and UN
    agencies conducted gender-based violence awareness and treatment
    campaigns in northern provinces and Bangui.
        On February 8, a member of the APRD allegedly raped a pregnant
    woman near the village of Goddo 2. Her husband made an official
    complaint to the APRD but by year's end, there was no evidence that the
    APRD took action against a perpetrator.
        In July after an attack upon the village of Zokotonyala, members of
    the CPJP reportedly raped between 20 and 25 Houssa women. There was no
    additional information about the women as rebels prevented travelers
    from gaining access to the region.
        On October 26, a group of CPJP combatants invaded the village of
    Kpata, in Bamingi Bangouran Province. After looting the village's 168
    houses, they burned the village. Reportedly, the village was attacked
    because its inhabitants participated in the electoral census. No
    further information was available at year's end.

        Child Soldiers.--According to multiple human rights observers,
    numerous APRD groups included soldiers as young as 12 years old. In
    addition the UFDR admitted that many children served as soldiers in its
    ranks. According to an international observer, although the UFDR and
    APRD stopped recruiting child soldiers during the year as a result of
    disarmament, demobilization, and reinsertion activities, in some remote
    areas, children were still used as lookouts and porters. According to
    one international NGO involved in disarmament, demobilization, and
    reintegration (DDR), in some cases, children have been ``recruited''
    not for actual combat, but to go through the DDR process and get paid.
    The UN Children's Fund (UNICEF) and other observers noted that, while
    the child soldiers were willing to demobilize and were anxious to
    attend school, their communities lacked the most basic infrastructure.
        UNICEF announced in July that it helped demobilize 180 child
    members of the APRD between the ages of 10 and 17 years old in Ouham-
    Pende since November 2008. An additional 15 children were demobilized
    in Nana Gribizi Province during the same time frame.
        In December UNICEF held a 10-day training session in Boali, with 20
    soldiers and six police officials, on the theme of protecting children
    before, during, and after a conflict. The objective of the training was
    to instruct the officials to become trainers themselves.
        Several NGO observers have reported that self-defense committees,
    which were established by towns to combat nonstate armed entities
    (including bandits) in areas where the FACA or gendarmes were not
    present, used children as combatants, lookouts, and porters. UNICEF
    estimated that children comprised one third of the self-defense
    committees.
        NGOs reported that the LRA continued to kidnap children and forced
    them to fight, act as porters, or to function as sex slaves. During the
    year 138 children were abducted by the LRA. Of those 138 children, 43
    were released by the LRA, 45 escaped, and 13 were being supported in
    transit centers.
        Displaced children have been forced to work as porters, carrying
    stolen goods for groups of bandits.

        Other Conflict-Related Abuses.--In the Northwest, government
    security forces, including the FACA and presidential guard, continued
    to project a presence from larger towns and occasionally engaged in
    combat with armed entities. While the ceasefire between government
    forces and nonstate armed entities allowed some displaced persons to
    return home, approximately 330,000 persons remained displaced in the
    bush or in refugee camps along the Chadian or Cameroonian borders.
        On multiple occasions during the year, government forces burned
    houses and other buildings along the Ndele-Garaba road. The area was
    considered sympathetic to the CPJP insurrection.
        Internal movement was severely impeded, particularly in northern
    and northwestern areas the Government did not control, by bandits and
    other nonstate armed entities, including former combatants who helped
    President Bozize come to power in 2003.
        On April 16, the subprefect of Kabo called all the village chiefs
    north of the town to Kabo and explained that for the indefinite future,
    anyone who remained on the road would be considered an insurgent or in
    collusion with them, and thus subject to reprisals by the FACA. The
    subprefect's ultimatum apparently caused an estimated 5,000 new
    refugees to move to Chad.
        Sporadic fighting between government security forces and nonstate
    armed entities, attacks on civilians by nonstate armed entities, armed
    banditry, and occasional abuse by government soldiers kept many IDPs
    from their homes. The UN Office for the Coordination of Humanitarian
    Affairs (OCHA) estimated that the number of IDPs increased during the
    year from 162,000 to 192,029 at year's end.
        The overwhelming majority of IDPs were in the northwestern
    provinces of Ouham and Ouham Pende, where civilians remained displaced
    from their villages out of fear and lived in the bush for much of the
    year, returning occasionally to their fields to plant or scavenge. NGOs
    and UN agencies observed anecdotal evidence that some civilians were
    returning in the northwest provinces, but this was not a widespread
    phenomenon. Thousands of individuals remained homeless due to fighting
    in the north-central provinces of Haute Kotto and Bamingui-Bangoran,
    and due to instability in the northeastern province of Vakaga, where
    there was renewed fighting within the UFDR, as well as an ethnic
    conflict between the Goula, Kara, and Rounga communities.
        Hygiene-related illnesses and chronic malnutrition continued.
    Attacks or fear of attacks prevented many subsistence farmers from
    planting crops, and attackers either stole most of the livestock or the
    farmers fled with their livestock to safety in Cameroon. Chronic
    insecurity also rendered the North occasionally inaccessible to
    commercial, humanitarian, and developmental organizations, contributing
    to the lack of medical care, food security, and school facilities,
    although less so than in the previous year. Humanitarian organizations
    continued to supply some emergency relief and assistance to displaced
    populations, although long-term development projects remained suspended
    due to the frequently changing security situations and sporadic
    fighting.
        The Government did not attack or target IDPs, although some IDPs
    were caught in the fighting between government forces and nonstate
    armed entities. The Government provided little humanitarian assistance,
    but it allowed UN agencies and NGOs access to these groups to provide
    relief.
        MICOPAX peacekeepers and government forces conducted joint security
    operations in an effort to secure the northern region and control small
    arms proliferation. Despite these operations, the Government was not
    able to provide sufficient security or protection for IDPs in the
    north.
        On September 5, in Ouanda Djalle, 62 miles south of Birao, LRA
    combatants burned at least 80 houses and looted the marketplace and
    health center.
        Refugees continued to flee the country during the year (see section
    2.d.).
    Section 2. Respect for Civil Liberties, Including:

        a. Freedom of Speech and Press.--The constitution and law provide
    for freedom of speech and of the press; however, in practice
    authorities continued to employ threats and intimidation to limit media
    criticism of the Government. Authorities did not arrest any journalists
    during the year; however, the Government briefly detained one
    journalist.
        Throughout the year, a number of newspapers criticized the
    president, the Government's economic policies, and official corruption.
    There were more than 30 newspapers, many privately owned, which
    circulated daily or at less frequent intervals. Independent dailies
    were available in Bangui, but they were not widely distributed outside
    of the capital area. The absence of a functioning postal service
    continued to hinder newspaper distribution. Financial problems
    prevented many private newspapers from publishing regularly, and the
    average price of a newspaper, approximately 300 CFA francs ($0.60), was
    higher than most citizens could afford.
        Radio was the most important medium of mass communication, in part
    because the literacy rate was low. There were alternatives to the
    state-owned radio station, Radio Centrafrique. For example, privately
    owned Radio Ndeke Luka continued to provide independent broadcasts,
    including national and international news and political commentary. Its
    signal was strengthened to reach beyond Bangui, and new direct
    transmitters were set up in Bouar and Berberati. Ndeke Luka was also
    regularly rebroadcast by community radio for an hour or two each day.
    With the exception of Radio Ndeke Luka, which organized debates on
    current events, government-run and privately owned broadcast outlets
    based in the country tended to avoid covering topics that could draw
    negative attention from the Government. International broadcasters,
    including Radio France Internationale, continued to operate during the
    year.
        The Government continued to monopolize domestic television
    broadcasting, and television news coverage generally supported
    government positions.
        The High Council for Communications (HCC), which is charged with
    granting publication and broadcast licenses and protecting and
    promoting press freedom, is nominally independent. However, some of its
    members were appointed by government institutions and, according to
    several independent journalists, as well as the international NGO
    Committee to Protect Journalists, the HCC was controlled by the
    Government.
        The media continued to face many difficulties, including chronic
    financial problems, a serious deficiency of professional skills, the
    absence of an independent printing press, and a severe lack of access
    to government information. Journalists in the privately owned media
    were not allowed to cover certain official events, and, in the absence
    of information, the majority of news reporting continued to rely
    heavily on official or protocol-related information, such as government
    press releases.
        During the year security forces often harassed and threatened
    journalists. For example, on August 17, unidentified armed men in
    military uniforms attacked Television Centrafrique camerawoman Virginie
    Mokonzi. The assailants reportedly beat, robbed, and raped her in front
    of her children and husband. The Journalist's Union organized a march
    to protest the attack and delivered a memorandum to the prime minister.
    By year's end, there were no reports of arrests.
        On September 3, police arrested Alexi Remangai, a journalist at the
    daily newspaper Le Confident, and detained him for three days at SRI
    before releasing him as result of a protest by the Journalists'
    Association. Gendarmes arrested him following a complaint of defamation
    by the Ministry of Mines' chief of staff. Remangai had written an
    article in the newspaper about corruption and mismanagement by high-
    ranking ministry officials at the ministry. At year's end, the case was
    pending before a court.
        There were also reports of government ministers and other senior
    officials threatening journalists who were critical of the Government.
    However, according to the Central African Journalists' Union, the
    Government did not arrest any other journalists during the year.
        Unlike the previous year, the HCC did not suspend publication of
    any newspaper during the year.
        Journalists continued to practice self-censorship due to fear of
    government reprisals.
        Imprisonment for defamation and censorship was abolished in 2005;
    however, journalists found guilty of libel or slander faced fines of
    100,000 to eight million CFA francs ($200 to $16,000).
        The law provides for imprisonment and fines of as much as one
    million CFA francs ($2,000) for journalists who use the media to incite
    disobedience among security forces or incite persons to violence,
    hatred, or discrimination. Similar fines and imprisonment of six months
    to two years may be imposed for the publication or broadcast of false
    or fabricated information that ``would disturb the peace.''
        The Ministry of Communications maintained a ban on the diffusion by
    media of songs, programs, or articles deemed to have a ``misogynist
    character'' or to disrespect women.

        Internet Freedom.--There were no reports that the Government
    restricted access to the Internet, monitored e-mail or Internet chat
    rooms, or attempted to collect personally identifiable information. The
    relatively few individuals who had access could engage in the peaceful
    expression of views via the Internet, including by e-mail. According to
    International Telecommunication Union statistics for 2008 approximately
    0.44 percent the country's inhabitants used the Internet.

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

        b. Freedom of Peaceful Assembly and Association.--Freedom of
    Assembly.--The constitution provides for the right of assembly;
    however, the Government restricted this right on a few occasions.
    Organizers of demonstrations and public meetings were required to
    register with the minister of the interior 48 hours in advance;
    political meetings in schools or churches were prohibited. Any
    association intending to hold a political meeting was required to
    obtain the Ministry of Interior's approval.
        There were no discriminatory government restrictions that targeted
    women or minorities.

        Freedom of Association.--The constitution provides for freedom of
    association, and the Government generally respected this right. All
    associations, including political parties, must apply to the Ministry
    of Interior for registration, and the Government usually granted
    registration expeditiously. The Government normally allowed
    associations and political parties to hold congresses, elect officials,
    and publicly debate policy issues without interference, except when
    they advocated sectarianism or tribalism.
        A law prohibiting nonpolitical organizations from uniting for
    political purposes remained in place.

        c. Freedom of Religion.--For a complete description of religious
    freedom, see the 2010 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 restricted freedom of movement
    within the country and foreign travel during the year. Security forces,
    customs officers, and other officials harassed travelers unwilling or
    unable to pay bribes or ``taxes'' at checkpoints along intercity roads
    and at major intersections in Bangui, although these roadblocks had
    decreased significantly by year's end.
        On multiple occasions during the year, police, gendarmes, and the
    FACA impeded the travel of members of the opposition Movement for the
    Liberation of Central African People party, delaying their travel for
    up to two days.
        On May 9, authorities prevented Martin Ziguele, a presidential
    candidate in 2005, from traveling abroad. Airport police briefly
    confiscated his passport and barred him from boarding an aircraft. The
    Government's spokesman later said the incident was the result of an
    unspecified misunderstanding.
        On May 27, airport authorities stopped former minister of
    communications Cyriaque Gonda from traveling to France. The
    Government's spokesman said that Gonda failed to present a permission
    to depart document normally required for official travel by members of
    the Government. Gonda was neither a current minister nor going abroad
    in an official capacity, and observers widely viewed the incident as
    stemming from a political dispute between him and the president.
        On June 13, airport authorities confiscated the diplomatic passport
    of opposition figure Nicolas Tiangaye upon his return from France where
    he held meetings with Central Africans opposed to the Government.
    Authorities claimed he had no right to a diplomatic passport, although
    in practice, many prominent figures held and used diplomatic passports
    for nonofficial travel.
        In April 2009 the Ministry of Foreign Affairs requested that all
    diplomatic missions inform the ministry before travel to any area
    deemed ``under tension,'' although these locations were unspecified. In
    practice the Government hindered travel by diplomats outside of the
    capital on multiple occasions.
        During the year police continued to stop and search vehicles,
    particularly in Bangui, in what amounted to petty harassment to extort
    payments. Local human rights organizations and UN officials said the
    problem of illegal road barriers and petty extortion by soldiers was
    widespread. Merchants and traders traveling the more than 350-mile main
    route from Bangui to Bangassou encountered an average of 25 military
    barriers. While the fees extorted varied for private passengers,
    commercial vehicles reported paying up to 9,000 to 10,000 CFA francs
    ($18 to $20) to continue their journeys.
        This extortion greatly discouraged trade and road travel and
    severely crippled the country's economy.
        Freedom of movement, including of traders and delivery trucks, was
    also severely impeded in conflict zones.
        In May the UN reported that North of Kabo, in a zone of continuing
    conflict between the Government and the FDPC, the FACA charged truckers
    100,000 CFA francs ($200) to protect convoys of two or more trucks
    between the town and the border with Chad.
        With the exception of diplomats, the Government required that all
    foreigners obtain an exit visa. Travelers intending to exit the country
    could be required to obtain affidavits to prove that they owed no money
    to the Government or to parastatal companies.
        The constitution does not permit the use of exile, and the
    Government did not employ it in practice.

        Internally Displaced Persons (IDPs).--Sporadic fighting between
    government forces and nonstate armed entities, attacks on civilians by
    nonstate armed entities, and armed banditry prevented the country's
    IDPs, most of whom were displaced in 2006, from returning to their
    homes. At year's end, the number of IDPs totaled 192,029, including
    almost 100,000 in the northwestern provinces of Ouham and Ouham Pende.
    The number of individuals who had fled the country was estimated at
    138,000, including 74,000 refugees in Chad and 64,000 in Cameroon. In
    the southeastern province of Haut-Mbomou, attacks by the LRA caused the
    internal displacement of approximately 15,000 individuals by year's
    end.
        In July the Government reopened roads north of Ndele to
    humanitarian access after a prolonged closure due to government efforts
    to fight the CPJP.
        In 2009 the UNHCR helped created the National Committee for
    Dialogue and Coordination for the Protection of the Rights of IDPs in
    the country. The objectives of the committee were to provide for the
    coordination and monitoring of activities related to the protection of
    IDPs, to formulate a new IDP protection law, and to establish a
    framework for increased assistance for IDPs. The committee participated
    in all meetings of the country's protection cluster, the main forum for
    the coordination of civilian protection activities in the context of
    humanitarian efforts, and focused on human right abuses, but, according
    to OCHA, the committee had not officially met or carried out any of its
    assigned responsibilities by year's end.
        On October 29, the UNHCR and the Office of the Prime Minister
    organized a workshop for 60 members of parliament on the African Union
    Convention for the Protection and Assistance of Internally Displaced
    Persons in Africa. The objective of the workshop was to speed progress
    toward the ratification of the convention.
        The Government did not provide protection or assistance to IDPs,
    citing a lack of means.
        There were no reports of the Government attacking or specifically
    targeting IDPs. The Government occasionally blocked humanitarian access
    in areas frequented by nonstate armed entities. There were no reports
    of the Government inhibiting the free movement of IDPs.
        In June 2009 several members of the UNOHCHR's UPRWG recommended
    that the Government immediately take measures to safeguard the rights
    of IDPs, including by enacting a law with provisions for the protection
    of displaced children; provide for the free circulation of humanitarian
    workers so they can access IDPs; and follow up on past recommendations
    of the UN secretary-general's representative on the human rights of
    IDPs. At year's end, it was unclear if the Government had taken
    significant steps to implement these recommendations.
        Displaced children worked in fields for long hours and as porters
    for bandits or other nonstate armed entities (see sections 1.g. and
    7.d.).

        Protection of Refugees.--The country's laws provide for granting
    asylum and refugee status, 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 on account
    of their race, religion, nationality, membership in a particular social
    group, or political opinion. The Government accepted refugees without
    subjecting them to individual screening.
        The Government continued to cooperate with the UNHCR and other
    humanitarian organizations in assisting approximately 24,690 refugees
    in the country of which 5,466 remain in Bangui.
        During the year security forces subjected refugees, as they did
    citizens, to arbitrary arrest and detention. Refugees were especially
    vulnerable to such human rights abuses. The Government allowed refugees
    freedom of movement, but like citizens, they were subject to roadside
    stops and harassment by security forces and nonstate armed entities.
    Refugees' access to courts, public education, and basic public health
    care was limited by the same factors that limited citizens' access to
    these services.
        While refugees in Mongoumba and Batalimo did not report any
    violations, refugees in Sam Ouandja reported restriction of movement by
    authorities and UFDR rebels allied to the Government. Refugees in
    Bangui reported harassment and arbitrary arrest by police.
        According to the UNHCR, there were no reports of refugee abuse
    during the year.
        A significant number of members of the Mbororo ethnic group
    continued to live as refugees in Cameroon and southern Chad after
    violence in 2006 and 2007. However, according to Radio Centrafrique,
    many Mbororo herders started returning to CAR during the year.
        Several international organizations worked with the Government and
    UNHCR to assist refugees during the year. They included Doctors without
    Borders, Caritas, International Medical Corps, and the NGO Cooperazione
    Internazionale (COOPI).
    Section 3. Respect for Political Rights: The Right of Citizens to
            Change Their Government
        The constitution provides citizens with the right to change their
    government peacefully, and citizens exercised this right in
    presidential and legislative elections in 2005, which election
    observers considered to be generally free and fair, despite some
    irregularities.

        Elections and Political Participation.--In 2005 the country held
    two rounds of multiparty presidential and legislative elections that
    resulted in the election of General Bozize as president; Bozize had
    seized power in a 2003 military coup, declared himself president, and
    headed a transitional government until the 2005 elections. Domestic and
    international election observers judged the elections to be generally
    free and fair, despite irregularities and accusations of fraud made by
    candidates running against Bozize.
        Bozize's term as president was stipulated under the constitution to
    expire on June 11. However, on May 10, the National Assembly passed a
    constitutional amendment that extended the terms of the office of the
    president and the National Assembly until elections, allowing Bozize to
    remain in office through the year.
        The Government twice postponed constitutionally mandated
    presidential and legislative elections set for March due to a lack of
    funds and preparation. Controversially, the National Assembly altered
    the 2005 constitution to allow the president to ask the Constitutional
    Court for a delay in elections if elections preparations commence in a
    ``lawful manner,'' but due to ``unforeseeable and unavoidable'' events
    must be postponed. The president used this provision to extend his
    mandate until such a time as elections were organized. On July 30, the
    president decreed the first round of presidential and legislative
    elections would occur in January 2011.
        Despite a constitutional requirement that he do so by 2007, as well
    as a recommendation stemming from the 2008 inclusive political
    dialogue, for the fourth consecutive year, the president did not call
    for municipal elections, citing lack of government resources.
        During the year the LCDH continued to criticize President Bozize
    for concurrently serving as president and defense minister, on the
    grounds that the constitution prohibits the president from holding
    ``any other political function or electoral mandate''; however,
    officials said this criticism was based on a misinterpretation of the
    constitution. After political activist Zarambaud Assingambi filed a
    complaint with the constitutional court in 2008, the court ruled later
    that year that it was not competent to try the case.
        Political parties continued to be subject to close scrutiny and
    restrictions by the Government. Members of political parties were not
    able to move about the country without restriction; many had to obtain
    authorization from the Government before traveling.
        According to recommendations from a 2003 government-sponsored
    national dialogue, women should occupy 35 percent of posts in
    government ministries and political parties; however, this provision
    was not respected during the year. There were 10 women in the 105-seat
    National Assembly and four in the 32-person cabinet. There were no laws
    prohibiting women from participating in political life, but most women
    lacked the financial means to compete in political races.
        There were 17 Muslims, including two members of the Mbororo ethnic
    group, in the National Assembly.
        The Ba'Aka (Pygmies), the indigenous inhabitants of the south, made
    up between 1 and 2 percent of the population; they were not represented
    in the Government and continued to have no political power or
    influence.
    Section 4. Official Corruption and Government Transparency
        The law provides criminal penalties for official corruption;
    however, the Government did not implement these laws effectively, and
    officials often engaged in corrupt practices with impunity.
    Misappropriation of public funds and corruption in the Government
    remained widespread. The World Bank's 2009 Worldwide Governance
    Indicators reflected that government corruption was a severe problem.
        The Government continued its campaign against embezzlement, money
    laundering, and other forms of financial fraud. Since May 2009 salary
    payments to government employees have been made through bank accounts
    instead of in cash. Computerization of financial information to
    increase transparency continued during the year. However, the effect of
    these actions was not particularly evident to the public, and
    skepticism remained over whether these actions would serve to deter
    corruption. Extortion at road checkpoints and corruption among customs
    service officials remained major sources of complaints by importers and
    exporters.
        The president continued to chair weekly committee meetings to
    combat fraud in the treasury. In 2008 Prime Minister Touadera created a
    national committee to fight corruption that included representatives
    from the Government, trade unions, NGOs, private sector, religious
    organizations, and the media. The committee's investigations resulted
    in the arrest of 19 senior civil servants in the tax division of the
    Ministry of Finance on charges of embezzling up to five million CFA
    francs ($10,000) each. Six of those arrested were tried in 2008 and
    received jail sentences. Six voluntarily reimbursed the amount they
    were alleged to have stolen; 13 civil servants accused of embezzlement
    were condemned by the court, but a few were later released, although
    the exact number is unknown.
        Police corruption, including the use of illegal roadblocks to
    commit extortion, remained a problem; however, removal of some illegal
    roadblocks enabled more freedom of movement and easier transportation
    by year's end.
        Judicial corruption remained a serious impediment to citizens'
    right to receive a fair trial. According to the UNDP, during the year
    the average monthly salary of a judge working in one of the highest
    courts (the final court of appeals) was approximately 600,000 CFA
    francs ($1,200); that of a junior judge was approximately 220,000 CFA
    francs ($440).
        According to the LCDH, corruption extended from the judges to the
    bailiffs. Many lawyers paid judges for verdicts favorable to their
    clients. There were, however, some efforts to combat judicial
    corruption, including by several UN agencies and the EU.
        According to the constitution, senior members of the executive,
    legislative, and judicial branches are required to declare publicly
    their personal assets at the beginning of their terms. The members of
    the new government declared their assets upon entry into the
    Government. The law does not require ministers to declare their assets
    upon departing government.
        The law provides for access by journalists to ``all sources of
    information, within the limits of the law''; however, it does not
    specifically mention government documents or government information,
    and no mention is made of access by the general public. The Government
    often was unable or unwilling to provide information, and lack of
    access to information continued to be a problem for journalists and the
    general public. Furthermore, years of instability and conflict made
    information difficult for the Government to collect, particularly in
    the countryside. Information on the humanitarian situation, for
    example, was difficult to obtain and sometimes contradictory.
    Section 5. Governmental Attitude Regarding International and
            Nongovernmental Investigation of Alleged Violations of Human
            Rights
        Domestic and international human rights groups generally operated
    with few government restrictions. A few NGOs investigated abuses and
    published their findings. However, due to ongoing lack of funds,
    insecurity, and economic dislocation, domestic human rights NGOs, whose
    area of work was almost totally limited to Bangui, continued to lack
    the means to disseminate human rights information outside the capital
    or support their rural branches. These limitations contributed to
    widespread ignorance about human rights and the means of redress for
    abuses. Officials in Bangui met with local NGOs during the year, but
    many local NGOs reported the Government was not responsive. Government
    officials continued to criticize local NGOs publicly for their reports
    of human rights violations that security forces committed.
        There were domestic human rights NGOs that demonstrated significant
    independence; however, several domestic civil society groups were led
    by individuals belonging to or closely associated with the ruling
    political party, which may have limited their independence. Citing the
    appearance of a conflict of interest, some international and domestic
    NGOs expressed concern over the neutrality and independence of the
    country's only legally recognized NGO platform or umbrella group, the
    Inter-NGO Council in CAR (CIONGCA), which was led by the brother of a
    former minister of state and ethnic kinsman of the president. In recent
    years, CIONGCA often represented domestic civil society groups in
    decision-making forums, including the follow-up committee of the 2008
    inclusive political dialogue.
        A few NGOs were active and had a sizable effect on the promotion of
    human rights. Some local NGOs, including the LCDH, the OCDH, the anti-
    torture NGO ACAT, and the Association of Women Jurists (AWJ), actively
    monitored human rights problems; worked with journalists to draw
    attention to human rights violations, including those committed by the
    army; pleaded individual cases of human rights abuses before the
    courts; and engaged in efforts to raise the public's awareness of
    citizens' legal rights.
        Domestic human rights NGOs reported that some officials continued
    to view them as spokespersons for opposition political parties.
    President Bozize mentioned his suspicion of their ties to the
    opposition during numerous speeches over the year. They also reported
    several cases of harassment by officials during their fact-finding
    visits around the country. Domestic human rights NGOs reported during
    the year that its members located outside the capital remained afraid
    to investigate alleged abuses because security force members have
    threatened NGO activists suspected of passing information about abuses
    by security forces to international NGOs for publication. Several human
    rights lawyers reported that the families of victims of abuse by
    officials, or those close to officials, often urged the victims not to
    pursue their attackers due to fear of reprisal.
        International human rights NGOs and international organizations
    operated in the country without interference from the Government.
    However, nonstate armed entities sporadically targeted the small number
    of humanitarian workers operating in the northwest, northeast, and
    southeast, stopping their vehicles and robbing them. The entire North
    was occasionally inaccessible to NGOs due to increased violence.
        Due in part to the Government's inability to address persistent
    insecurity in parts of the country effectively, some international
    human rights and humanitarian groups working in conflict zones have
    either closed suboffices or left the country. For example,
    international NGOs working in the Vakaga and Haute Kotto Provinces did
    not send international staff to the region and maintained only limited
    nationally staffed programs.
        Some international NGOs continued to raise human right awareness
    among authorities and security forces. For example, throughout the
    year, the International Rescue Committee and the Danish Refugee Council
    organized a training session for security force instructors focusing on
    fundamental human rights principles, international humanitarian law,
    the rights of children, and women's rights, among other issues.
        During the year the Government continued to cooperate with
    international governmental organizations in the promotion and
    protection of human rights. The national prosecutor's office continued
    to work with BINUCA to investigate human rights abuses by security
    forces, and the Government continued to cooperate with it and other UN
    agencies in their efforts to train security forces in human rights (see
    section 1.d.). The Government also continued to allow BINUCA to conduct
    visits to prisons and detention centers and to conduct human rights
    training for government security agents. International observers
    witnessed small improvements after prison visits but did not observe a
    significant change in policy toward prisons and prisoners rights during
    the year.
        The Office of the High Commissioner for Human Rights and Good
    Governance, attached to the presidency, investigated citizen complaints
    of human rights violations by members of the Government. While the
    commission was operational, it remained ineffective and, after working
    briefly on three cases of violations, did not take any substantive
    follow-up steps. With a reported budget of five million CFA francs
    ($10,000), the High Commissioner's Office did not have adequate
    staffing or financial resources, and lacked the means to train its
    investigators properly. The limited funding for the commission also
    meant that it only functioned in Bangui, limiting the scope of its
    operations. Some human rights observers noted that it acted more as a
    spokesperson for the Government than an office promoting human rights.
        In December a validation seminar was held to establish in law a
    National Human Rights Commission that was intended to promote
    international human rights standards at the national level. The
    commission was to be independent from the Office of the High
    Commissioner for Human Rights and Good Governance. At year's end, it
    remained undecided whether the commission would be led by a
    commissioner or by a panel.
        A human rights commission in the National Assembly sought to
    strengthen the capacity of the legislature and other government
    institutions to advance human rights, but it had few financial
    resources. Credible human rights NGOs questioned the autonomy and
    desire of this commission to affect real measures, as the National
    Assembly was not generally considered sufficiently independent from the
    executive branch.
        The Government continued to cooperate with the International
    Criminal Court, which continued its investigation into crimes committed
    in the country in 2002-03 by the previous government and by soldiers
    under the command of Jean Pierre Bemba, then a Congolese rebel leader.
    In 2008 Bemba was arrested in Brussels. On November 22, the trial of
    Bemba opened in The Hague at the International Criminal Court. By the
    end of the year, 134 victims had been officially recognized by the
    court with more than 1,000 others awaiting a judicial decision.
    Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
        The constitution stipulates that all persons are equal before the
    law without regard to wealth, race, disability, language, or gender.
    However, the Government did not enforce these provisions effectively,
    and significant discrimination existed.

        Women.--The law prohibits rape, although it does not specifically
    prohibit spousal rape. Rape is punishable by imprisonment with hard
    labor, but the law does not specify a minimum sentence. The Government
    did not enforce the law effectively. Police sometimes arrested men on
    charges of rape, although statistics on the number of individuals
    prosecuted and convicted for rape during the year were not available.
    The fear of social stigma inhibited many families from bringing suits.
    Released in June 2009, the report of the UNOHCHR's UPRWG commended the
    Government's 2007-11 national action plan to combat gender-based
    violence; however, the report featured several recommendations from
    working group members urging the Government to adopt measures to
    enhance the fight against sexual violence.
        During a visit to the country in February, UN High Commissioner for
    Human Rights Pillay voiced deep concern over--and called for urgent
    action on--the widespread sexual violence that women faced, noting that
    crimes were being committed by both state and nonstate actors.
        Few assessments have been conducted on the prevalence of rape.
    However, according to a baseline study conducted in June and July 2009
    by Mercy Corps in four nonconflict areas (Bangui, Bouar, Bambari, and
    Bangassou), sexual violence against women was pervasive. One in seven
    women reported having been raped in the past year, and the study
    concluded that the true prevalence of rape may be even higher. In
    addition, from February through November, an international NGO reported
    128 total cases of gender-based violence brought to its attention in
    the Nana Gribizi and Ouham Pende Provinces. The reports included male
    and female rape, as well as gang rape. In 27 cases, the victim knew the
    perpetrator and, in 18 cases, the perpetrator was armed. Of these 128
    cases, two victims identified a member of the APRD as the perpetrator,
    one assailant was a member of the FACA, and one was from an unspecified
    armed entity. According to the NGO, in only three of the 128 cases were
    attempts made to hold the perpetrators accountable. In one of these
    three cases, the village leader reported the incident to the gendarmes,
    and the case was still under investigation at year's end. In the other
    two cases, the family members of the victims brought the two
    perpetrators to the APRD who whipped each perpetrator 150 lashes each
    and one was fined 250,000 CFA ($500). Victims were reluctant to report
    the assaults out of fear of stigmatization.
        Although the law does not specifically mention spousal abuse, it
    prohibits violence against any person and provides for penalties of up
    to 10 years in prison. Domestic violence against women, including wife
    beating, was common; 25 percent of women surveyed in the Mercy Corps
    study had experienced violence committed by their partner in 2009. Of
    them 33 percent of men and 71 percent of women said it was acceptable
    to use violence against women when women had not properly performed
    their domestic tasks. Mercy Corps did not witness a significant change
    during the year, although it did not carry out a new study. Spousal
    abuse was considered a civil matter unless the injury was severe.
    According to the AWJ, a Bangui-based NGO specializing in the defense of
    women's and children's rights, victims of domestic abuse seldom
    reported incidents to authorities. When incidents were addressed, it
    was done within the family or local community. The deputy prosecutor
    said he did not remember trying any cases of spousal abuse during the
    year, although litigants cited spousal abuse during divorce trials and
    civil suits.
        Some women reportedly tolerated abuse to retain financial security
    for themselves and their children.
        The law prohibits sexual harassment; however, the Government did
    not effectively enforce the law, and sexual harassment was a common
    problem. The law describes no specific penalties for the crime.
        The Government respected couples' rights to decide freely and
    responsibly the number of children they had, as well as when they had
    them. Most couples lacked access to contraception and skilled
    attendance during childbirth. According to UNICEF data collected
    between 2000 and 2006, 19 percent of women between the ages of 15 and
    49 who were married or in union were using contraception, and only 44
    percent of births were attended by skilled personnel. According to the
    UN Population Funds, the maternal mortality rate remained extremely
    high--850 out of every 100,000 live births and infant mortality was 106
    deaths per 1,000 live births in 2008. UN sources estimated that a
    woman's lifetime risk of maternal death was one in 27. There was little
    information available regarding whether women received the same level
    of care as men for sexually transmitted infections, including HIV. The
    Government continued working with UN agencies to increase the use of
    contraception, including by women, and to assist in other prevention
    activities targeting sexually transmitted infections.
        The law does not discriminate against women in inheritance and
    property rights, but a number of discriminatory customary laws often
    prevailed, and women's statutory inheritance rights often were not
    respected, particularly in rural areas.
        Women were treated as inferior to men both economically and
    socially. Single, divorced, or widowed women, including those with
    children, were not considered heads of households. One of every three
    women surveyed by Mercy Corps stated they were excluded from financial
    decisions in their households. By law men and women were entitled to
    family subsidies from the Government, but several women groups
    complained about lack of access to these payments for women. There were
    no accurate statistics on the percentage of female wage earners.
    Women's access to educational opportunities and to jobs, particularly
    at higher levels in their professions or in government service,
    remained limited. Some women reported economic discrimination in access
    to credit due to lack of collateral. However, there were no reports of
    discrimination in pay equity or owning or managing a business. Divorce
    is legal and can be initiated by either partner.
        Women, especially the very old and those without family, continued
    to be the target of witchcraft accusations.
        The AWJ advised women of their legal rights and how best to defend
    them; it filed complaints with the Government regarding human rights
    violations. During the year several women's groups organized workshops
    to promote women's and children's rights and encourage women to
    participate fully in the political process.

        Children.--Citizenship is derived by birth in the national
    territory or from one or both parents. The registration of births was
    spotty, and Muslims reported consistent problems in establishing their
    citizenship. Unregistered children faced limitations in access to
    education and other social services. According to a 2006 UNICEF study
    (the most recent available), total birth registration was 49 percent,
    with 36 percent of children registered in rural areas. Registration of
    births in conflict zones was likely lower than in other areas.
        Education is compulsory for six years until the age of 15; tuition
    is free, but students had to pay for their books, supplies,
    transportation, and insurance. Girls did not have equal access to
    primary education; 65 percent of girls were enrolled in the first year
    of school, but only 23 percent of girls finished the six years of
    primary school, according to a 2007 UNESCO study. At the secondary
    level, a majority of girls dropped out at the age of 14 or 15 due to
    societal pressure to marry and bear children.
        Few Ba'aka (Pygmies) attended primary school. Some local and
    international NGOs, including COOPI, made efforts (with little success)
    to increase Ba'aka enrollment in schools; there was no significant
    government assistance to these efforts.
        The law criminalizes parental abuse of children under the age of
    15. Nevertheless, child abuse and neglect were widespread, although
    rarely acknowledged. A juvenile court tried cases involving children
    and provided counseling services to parents and juveniles during the
    year.
        The law prohibits FGM, which is punishable by two to five years'
    imprisonment and a fine of 100,000 to one million CFA francs ($200 to
    $2,000) depending on the severity of the case; nevertheless, girls were
    subjected to this traditional practice in certain rural areas,
    especially in the Northeast and, to a lesser degree, in Bangui.
    According to the AWJ, anecdotal evidence suggested FGM rates declined
    in recent years as a result of efforts by UNICEF, AWJ, and the
    Ministries of Social Affairs and Public Health to familiarize women and
    girls with the dangers of the practice.
        According to UNICEF data collected between 2002 and 2007, the
    percentage of girls and women between the ages of 15 and 49 who had
    undergone FGM was approximately 27 percent.
        The law establishes 18 as the minimum age for civil marriage;
    however, an estimated 61 percent of women between the ages of 20 and 24
    were married before the age of 18, according to UNICEF data collected
    between 1998 and 2007, and the 2006 Multiple Indicators Country Survey
    reported that nearly 20 percent of women married before reaching the
    age of 15. The Ministry of Family and Social Affairs had limited means
    to address this problem. Early marriage was usually reported in less
    educated and rural environments where the Government lacked authority.
    The phenomenon of early marriage was more common in the Muslim
    community.
        There were no statutory rape or child pornography laws protecting
    adolescent minors or children.
        Child labor was widespread; forced child labor, including the use
    of children as soldiers, occurred (see sections 1.g., 7.c., and 7.d.).
        There were more than 6,000 street children between the ages of five
    and 18, including 3,000 in Bangui, according to updated data collected
    by the Ministry of Family and Social Affairs. Many experts believed
    that HIV/AIDS and a belief in sorcery, particularly in rural areas,
    contributed to the large number of street children. An estimated
    300,000 children had lost one or both parents to HIV/AIDS, and children
    accused of sorcery (often reportedly in connection to HIV/AIDS-related
    deaths in their neighborhoods) often were expelled from their
    households and were sometimes subjected to societal violence.
        There were NGOs specifically promoting children's rights, including
    some, such as Voices of the Heart, which assisted street children.
        The country's instability had a disproportionate effect on
    children, who accounted for almost 50 percent of IDPs during the year.
    Access to government services was limited for all children, but
    displacement reduced it further.
        The country is not a party to the 1980 Hague Convention on the
    Civil Aspects of International Child Abduction. For information on
    international parental child abduction, please see the Department of
    State's annual report on compliance at http://travel.state.gov/
    abduction/resources/congressreport/congressreport--4308.html.

        Anti-Semitism.--There was no significant Jewish community, and
    there were no reports of anti-Semitic acts.

        Trafficking in Persons.--For information on trafficking in persons,
    please see the Department of State's annual Trafficking in Persons
    Report at www.state.gov/g/tip.

        Persons With Disabilities.--The law prohibits discrimination
    against persons with both mental and physical disabilities. It also
    requires that for any company employing at least 25 persons, at least 5
    percent of its staff must consist of sufficiently qualified persons
    with disabilities, if they are available.
        In addition the law states that each time the Government recruits
    new personnel into the civil service, at least 10 percent of the total
    number of newly recruited personnel should be persons with
    disabilities. According to the Ministry of Family and Social Affairs,
    the provision was not automatic and depended on the availability of
    applications from persons with disabilities at the time of the
    recruitment decision by the interested ministry.
        There was no societal discrimination against persons with
    disabilities. However, there were no legislated or mandated
    accessibility provisions for persons with disabilities, and such access
    was not provided in practice. Approximately 10 percent of the country's
    population had disabilities, mostly due to polio, according to the 2003
    census. The Government had no national policy or strategy for providing
    assistance to persons with disabilities, but there were several one-of-
    a-kind government and NGO-initiated programs designed to assist persons
    with disabilities, including handicraft training for persons with
    visual disabilities and the distribution of wheelchairs and carts by
    the Ministry of Family and Social Affairs.
        The Ministry of Family and Social Affairs continued to work with
    the NGO Handicap International during the year to provide treatment,
    surgeons, and prostheses to persons with disabilities.

        National/Racial/Ethnic Minorities.--Violence by unidentified
    persons, bandits, and other nonstate armed entities against the Mbororo
    continued to be a problem, as they continued to suffer
    disproportionately from the civil disorder in the North. Their cattle
    wealth makes them attractive targets to the bandits and other nonstate
    armed entities that controlled the North. Additionally, since many
    citizens viewed the Mbororo as inherently foreign due to their
    transnational migratory patterns, they faced occasional discrimination
    with regard to government services and protections.

        Indigenous People.--Despite constitutional protections, there was
    societal discrimination against Ba'Aka (Pygmies), the earliest known
    inhabitants of the rain forest in the South. Ba'Aka constitute
    approximately 1 to 2 percent of the population. They continued to have
    little say in decisions affecting their lands, culture, traditions, and
    the exploitation of natural resources. Forest-dwelling Ba'Aka, in
    particular, were subject to social and economic discrimination and
    exploitation, which the Government has done little to prevent. Despite
    repeated promises, the Government took no steps to issue and deliver
    identity cards to Ba'Aka, lack of which, according to many human rights
    groups, effectively denied them access to greater civil rights.
        The Ba'Aka, including children, were often coerced into
    agricultural, domestic, and other types of labor. They often were
    considered to be the slaves of other local ethnic groups, and even when
    they were remunerated for labor, their wages were far below those
    prescribed by the labor code and lower than wages paid to members of
    other groups.
        Refugees International reported in recent years that Ba'Aka were
    effectively ``second-class citizens,'' and the popular perception of
    them as barbaric, savage, and subhuman seemingly had legitimized their
    exclusion from mainstream society.

        Societal Abuses, Discrimination, and Acts of Violence Based on
    Sexual Orientation and Gender Identity.--The penal code criminalizes
    homosexual behavior. The penalty for ``public expression of love''
    between persons of the same sex is imprisonment for six months to two
    years or a fine of between 150,000 and 600,000 CFA francs ($300 and
    $1,200). When the relationships involve a child, the sentence is two to
    five years' imprisonment or a fine of 100,000 to 800,000 CFA francs
    ($200 and $1,600); however, there were no reports that police arrested
    or detained persons they believed to be involved in homosexual
    activity.
        While there is official discrimination based on sexual orientation,
    there were no reports of the Government targeting gays and lesbians.
    However, societal discrimination against homosexual conduct persisted
    during the year, and many citizens attributed the existence of
    homosexual conduct to undue Western influence.

        Other Societal Violence or Discrimination.--Persons with HIV/AIDS
    were subject to discrimination and stigma, although less so as NGOs and
    UN agencies raised awareness about the disease and available
    treatments. Nonetheless, many individuals with HIV/AIDS did not
    disclose their status for fear of social stigma.
    Section 7. Worker Rights

        a. The Right of Association.--The law allows all workers, except
    for senior-level state employees and security forces, including the
    armed forces and gendarmes, to form or join unions without prior
    authorization; however, only a relatively small part of the workforce,
    primarily civil servants, exercised this right. The percentage of
    Central Africans in the workforce during the year was estimated to be
    as high as 82.6 percent or roughly 3.7 million. The percentage of
    workers in agriculture was 66.8 percent, in the public sector 2.9
    percent, and in the private sector 15.8 percent.
        The labor code provides for the right of workers to organize and
    administer trade unions without employer interference and grants trade
    unions full legal status, including the right to file lawsuits. The
    Government generally respected these rights in practice.
        There continued to be substantial restrictions that made it
    difficult for citizens to hold a leadership position within a union,
    despite some amendments to the labor code. Although the labor code no
    longer bars a person who loses the status of worker from belonging to a
    trade union or participating in its administration, the law still
    requires that union officials be full-time, wage-earning employees in
    their occupation, and only allows them to conduct union business during
    working hours as long as the employer is informed 48 hours in advance
    and provides authorization. In addition the law requires that foreign
    workers must meet the residency requirements of at least two years
    before they may organize. In June the International Labor Organization
    (ILO) requested the Government to amend these provisions to ensure they
    are in conformity with ILO principles and standards.
        Workers have the right to strike in both the public and private
    sectors, and they exercised this right during the year; however,
    security forces, including the armed forces and gendarmes, are
    prohibited from striking. Requirements for conducting a legal strike
    were excessively lengthy and cumbersome. To be legal, strikes must be
    preceded by the union's presentation of demands, the employer's
    response to these demands, a conciliation meeting between labor and
    management, and a finding by an arbitration council that union and
    employer failed to reach agreement on valid demands. The union must
    provide eight days' advance written notification of a planned strike.
    The law states that if employers initiate a lockout that is not in
    accordance with the code, the employer is required to pay workers for
    all days of the lockout. The Ministry of Labor has the authority to
    determine a list of enterprises that are required by law to maintain a
    ``compulsory minimum service'' in the event of a strike. The Government
    has the power of requisition or the authority to end strikes by
    invoking the public interest. The code makes no other provisions
    regarding sanctions on employers for acting against strikers. In June,
    as on numerous other occasions, the ILO requested the Government to
    amend the relevant provisions to ensure the scope of the ``minimum
    service'' and the Government's power to end strikes would conform with
    ILO principles and standards to provide that the workers' right to
    strike would not be unfairly undermined.

        b. The Right to Organize and Bargain Collectively.--The labor code
    provides that unions may bargain collectively in the public and private
    sectors, and provides workers protection from employer interference in
    the administration of a union.
        Collective bargaining occurred in the private sector during the
    year, although the total number of collective agreements concluded
    during the year was unknown. The Government generally was not involved
    if the two parties were able to reach an agreement.
        In the civil service, the Government, which was the country's
    largest employer, set wages after consultation, but not negotiation,
    with government employee trade unions. Salary arrears continued to be a
    severe problem for armed forces personnel and the 24,000 civil
    servants. In June the ILO recommended that the Government amend a
    provision of the labor code, which in effect hinders the public sector
    workers' right to bargain collectively by providing for the negotiation
    of collective agreements in the public sector by professional groupings
    even when trade unions exist.
        The law expressly forbids antiunion discrimination. The president
    of the labor court said the court did not hear any cases involving
    antiunion discrimination during the year. Labor unions did not report
    any underlying patterns of discrimination or abuse.
        Employees can have their cases heard in the labor court. The law
    does not state whether employers found guilty of antiunion
    discrimination are required to reinstate workers fired for union
    activities, although employers found guilty of such discrimination were
    required by law to pay damages, including back pay and lost wages.
        There are no export processing zones.

        c. Prohibition of Forced or Compulsory Labor.--Although the labor
    code specifically prohibits forced or compulsory labor and prescribes a
    penalty of five to 10 years' imprisonment, the Government did not
    enforce the prohibition effectively, and there were reports that such
    practices occurred. Women and children were trafficked for forced
    domestic labor, agricultural labor, mining, sales, restaurant labor,
    and sexual exploitation. Prisoners often worked on public projects
    without compensation. In rural areas, there were reported cases of the
    use of prisoners for domestic labor at some government officials'
    residences. However, in Bangui and other large urban areas, the
    practice was rare, partly because of the presence of human rights NGOs
    or lawyers. Prisoners often received shortened sentences for performing
    such work. Ba'Aka, including children, often were coerced into labor as
    day laborers, farm hands, or other unskilled labor, and often treated
    as slaves.
        Also see the Department of State's annual Trafficking in Persons
    Report at www.state.gov/g/tip.

        d. Prohibition of Child Labor and Minimum Age for Employment.--The
    labor code's prohibition of forced or compulsory labor applies to
    children, although they are not mentioned specifically. Other
    provisions of the labor code forbid the employment of children younger
    than 14 years of age without specific authorization from the Ministry
    of Labor; however, the Ministry of Labor and Civil Service did not
    enforce these provisions. Child labor was common in many sectors of the
    economy, especially in rural areas, and forced labor also occurred.
    Unlike in previous years, there were no reports that children were
    employed on public works projects or at the residences of government
    officials. The labor code provides that the minimum age for employment
    could be as young as 12 years of age for some types of light work in
    traditional agricultural activities or home services. The law prohibits
    children younger than 18 years old from performing hazardous work or
    working at night. The law defines hazardous work as any employment that
    endangers children's physical and mental health. However, children
    continued to perform hazardous work during the year. The labor code
    does not define the worst forms of child labor.
        According to data collected by UNICEF in surveys between 1999 and
    2007, approximately 47 percent of children between the ages of five and
    14 years were involved in child labor. UNICEF considered a child to be
    involved in labor if, during the week preceding the survey, a child
    between five and 11 years old performed at least one hour of economic
    activity or at least 28 hours of domestic work or a child between 12
    and 14 years old performed at least 14 hours of economic activity or at
    least 28 hours of domestic work.
        Throughout the country, children as young as seven years old
    frequently performed agricultural work. Children often worked as
    domestic workers, fishermen, and in mines (often in dangerous
    conditions). International observers noted that children worked in the
    diamond fields alongside adult relatives, transporting and washing
    gravel, as well as in gold mining, digging holes, and carrying heavy
    loads. The mining code specifically prohibits child or underage labor;
    however, this requirement was not enforced during the year, and many
    children were seen working in and around diamond mining fields.
        In Bangui many of the city's estimated 3,000 street children worked
    as street vendors.
        During the year nonstate armed entities recruited and used child
    soldiers (see section 1.g.).
        Displaced children continued to work in fields for long hours in
    conditions of extreme heat, harvesting peanuts and cassava, and helping
    gather items that were sold at markets, such as mushrooms, hay,
    firewood, and caterpillars.
        Also see the Department of State's annual Trafficking in Persons
    Report at www.state.gov/g/tip.

        e. Acceptable Conditions of Work.--The labor code states that the
    minister of labor must set minimum wages in the public sector by
    decree. The minimum wages in the private sector are established on the
    basis of sector-specific collective conventions resulting from
    negotiations between the employer and workers' representatives in each
    sector.
        The minimum wage in the private sphere varies by sector and by kind
    of work. For example, the monthly minimum wage was 8,500 CFA francs
    ($17) for agricultural workers and 26,000 CFA francs ($52) for
    government workers.
        The minimum wage only applies to the formal sector, leaving much of
    the economy unregulated in terms of wages. The annual minimum wage
    increased 12 percent during the year from 25,000 CFA ($50) to 28,000
    CFA ($56). However, the minimum wage does not provide a decent standard
    of living for a worker and family. The law applies to foreign and
    migrant workers as well. Most labor was performed outside the wage and
    social security system (in the extensive informal sector), especially
    by farmers in the large subsistence agricultural sector.
        The law sets a standard workweek of 40 hours for government
    employees and most private sector employees. Household employees may
    work up to 52 hours per week. The law also requires a minimum rest
    period of 48 hours per week for both citizens and foreign and migrant
    workers. Overtime policy varied according to the workplace; violations
    of overtime policy were taken to the Ministry of Labor, although it is
    unknown whether this occurred in practice during the year. The
    Government does not enforce labor standards.
        There are general laws on health and safety standards in the
    workplace, but the Ministry of Labor and Civil Service neither
    precisely defined nor enforced them. The labor code states that a labor
    inspector may force an employer to correct unsafe or unhealthy work
    conditions, but it does not provide the right for workers to remove
    themselves from such conditions without risk of loss of employment.
    There are no exceptions for foreign and migrant workers.

                                   __________

                                      CHAD

        Chad is a centralized republic with a population of approximately
    11 million. In 2006 President Idriss Deby Itno, leader of the Patriotic
    Salvation Movement (MPS), was elected to a third term in what
    unofficial observers characterized as an orderly but seriously flawed
    election boycotted by the opposition. Deby has ruled the country since
    taking power in a 1990 coup. The executive branch dominated the
    legislature and judiciary.
        On January 15, the Governments of Chad and Sudan signed an
    agreement to normalize relations. Both parties agreed to end the
    presence of and support for the other's armed opposition groups in
    their respective territories. The Governments also agreed to establish
    a joint force to patrol and monitor the shared border; the joint force
    was established in February. Hundreds of Chadian rebels who had been
    living in Sudan returned to the country during the year. The Government
    withdrew support for the Justice and Equality Movement (JEM) and
    expelled JEM personnel, including leader Khalil Ibrahim. Fighting
    between government forces and rebels occurred once during the year, and
    there were no reports of cross-border raids by militias based in
    Darfur, Sudan.
        In January President Deby announced that he would not support the
    renewal of MINURCAT, the UN Mission in the Central African Republic
    (CAR) and Chad. On May 25, following subsequent discussions between the
    Government and the United Nations, UN Security Council Resolution 1923
    extended MINURCAT's mandate until December 31, with a reduction in its
    military personnel and complete withdrawal of military and civilian
    elements, other than those required for the mission's liquidation, by
    that date. MINURCAT concluded operations and withdrew from the country
    by December 31. There were instances in which elements of the security
    forces acted independently of civilian control.
        Human rights abuses included limitations on citizens' right to
    change their government; extrajudicial killings, including politically
    motivated killings; criminal kidnappings of children for ransom;
    torture, beatings, and rape by security forces; security force
    impunity; harsh and life-threatening prison conditions; arbitrary
    arrest and detention; incommunicado detention; lengthy pretrial
    detention; denial of fair public trial; executive interference in the
    judiciary; arbitrary interference with privacy, family, and
    correspondence; limitations on freedom of speech, press, and movement;
    abuse of refugees; widespread official corruption; kidnappings of
    nongovernmental organization (NGO) personnel by armed groups and
    bandits; societal discrimination and violence against women, including
    female genital mutilation (FGM); child abuse, abduction, and
    trafficking; and child marriage. Use of child soldiers occurred,
    although reports of such activity greatly decreased during the year.
    Ethnic-based discrimination; repression of union activity; forced
    labor, including by children; and exploitive child labor were problems.
        Ethnic-based rebel groups and bandits committed human rights
    abuses, including killings; abductions, rape, and injury of civilians;
    use of child soldiers; and attacks against humanitarian workers. The
    Government's defeat of rebel groups and expulsion of JEM personnel,
    however, impeded their ability to operate within the country, resulting
    in a dramatic decrease in human rights abuses committed by such groups.
                            respect for human rights
    Section 1. Respect for the Integrity of the Person, Including Freedom
            From:

        a. Arbitrary or Unlawful Deprivation of Life.--There were reports
    that the Government or its agents committed arbitrary or unlawful
    killings, including politically motivated killings, generally of those
    suspected of rebel affiliations. Killings were sometimes committed by
    ``men in uniform,'' and it was often not possible to determine whether
    perpetrators were members of the armed forces or police, or whether
    they were acting on official orders. The Government generally did not
    prosecute or punish security force members who committed killings.
        On January 11, in Doba, security forces reportedly kidnapped and
    killed Madjingar Kemhodjim due to his alleged membership in a southern-
    based rebel group. Kemhodjim's body was found in a local cemetery.
        On March 23, in Haraze-Mangaine, members of the Chadian National
    Army (ANT) killed Fadoul Barcham, a district chief. According to a
    local human rights organization, Barcham was killed because he did not
    support local representatives of the ruling MPS party.
        On October 19, in Guereda, ANT soldiers detained and reportedly
    beat a minor for allegedly possessing weapons; the minor subsequently
    died in ANT custody. In retaliation, on October 21, ANT troops of the
    boy's ethnic Tama tribe confronted the ethnic Zaghawa ANT troops
    accused of the beating death. A subsequent exchange of fire killed an
    ANT officer from each tribe.
        Following the January accord between the Governments of Chad and
    Sudan, fighting between government and rebel forces occurred on one
    occasion; however, there were no reports of civilian killings.
        The Government conducted no investigations of the following 2009
    security force killings in connection with the conflict in the East:
    the May summary executions by soldiers of at least nine rebels in Am
    Dam; the May killings of civilians in Am Dam as a result of government
    tanks crushing suspected rebel homes; the July killings by soldiers of
    five unidentified persons, whose bodies were found buried outside of
    Pala; and the December killing of Regine Doumro by a uniformed
    perpetrator.
        Attacks on travelers by armed bandits, some of whom wore uniforms,
    resulted in deaths, although there were fewer such attacks than in the
    previous year. Some of the perpetrators were identified as active duty
    soldiers or deserters. It was often unclear whether the killings were
    politically or criminally motivated.
        For example, on June 2, in N'Djamena armed bandits suspected of
    being ANT members killed Ali Karachi Abderamane, an aviation
    technician. Local media reported that Abderamane was killed due to his
    relationship with an exiled regime opponent.
        No investigation was conducted in the January 2009 killing by
    unknown assailants of Gani Nassour Betchi, sister of rebel leader Tom
    Erdimi.
        No action was taken to identify the perpetrators of numerous cases
    of human rights abuse reported by the Commission of Inquiry, which was
    established to investigate disappearances and other abuses that
    occurred during the 2008 rebel attack and government counterattack in
    N'Djamena. However, on November 18, the Council of Ministers authorized
    the defense minister and former interior minister to provide witness
    testimony to judicial investigators. The commission's 2008 report
    charged that 977 persons--including civilians, ANT personnel, and
    rebels--were killed, 1,758 injured, 34 raped, and 380 detained in
    N'Djamena and the provinces during that period. In 2009 the Government
    established an additional subcommittee under the minister of justice to
    reexamine cases discussed in the commission's report.
        There were no developments in the following 2008 security force
    killings: the civilian killings resulting from the ANT's destruction of
    several villages in Maitoukoulou, CAR and the killing of supporters of
    Sheikh Ahmet Ismael Bichara in response to their alleged attack on
    security forces.
        The two persons detained in Sarh for the 2008 high-profile killing
    of college professor Tenebaye Oringar remained in detention awaiting
    trial at year's end.
        Unlike in previous years, there were no reports of civilian deaths
    resulting from unexploded ordnance, including landmines, laid by
    government, rebel, and foreign units.
        Interethnic fighting resulted in deaths.
        For example, in June, in continuation of a decades-long ethnic
    feud, armed Zaghawa entered the court in Abeche and killed several
    ethnic Tama who had completed prison terms for an offense committed
    against the Zaghawa, but who had refused to leave prison for fear of
    their personal safety.
        The alleged perpetrators of the killings of nine persons during the
    November 2009 interethnic conflict between herders and farmers in Kana
    District remained in detention without charge at year's end.
        Children kidnapped for ransom were sometimes killed (see section
    1.b.).

        b. Disappearance.--Unlike in the previous year, there were no
    reports of politically motivated disappearances; however, the
    whereabouts of persons arrested for political reasons in previous years
    remained unknown. Persons were held incommunicado during the year.
        On June 6, armed bandits kidnapped Hubert Blama, an employee of the
    British NGO Oxfam; Blama was subsequently released (see section 5).
        The whereabouts of Ibni Oumar Mahamat Saleh, one of three prominent
    opposition leaders arrested in 2008, remained unknown. Despite pressure
    from foreign governments, local human rights groups, and members of
    Ibni's political party, who during the year held an assembly calling
    for government action on the case, no arrests were made. In January an
    interministerial committee, established to investigate unresolved cases
    connected to the 2008 rebel attacks, requested a six-month extension to
    complete its work; however, no information about Ibni's case had been
    released by year's end.
        The whereabouts of at least 135 rebels captured during the 2008
    rebel attack on N'Djamena remained unknown at year's end.
        The kidnapping of children for ransom in the Mayo-Kebbi Ouest
    Region remained a problem, although there were fewer such incidents
    than in the previous year. Armed persons, both local and from
    neighboring countries, reportedly kidnapped children, especially Peuhl
    children, due to perceptions that Peuhl families were wealthier than
    those of other ethnic groups. According to a local NGO, 148 children
    were kidnapped from 2007-09, and the total ransom money paid was
    approximately 157 million CFA ($314,000). During the same period, 114
    children held by bandits were killed, some by kidnappers when ransom
    payments were not forthcoming and others during police attempts to free
    them.
        On July 16, local human rights representatives in Pala reported the
    kidnapping of a four-year-old child near Fianga. During the same month,
    another local human rights group reported the kidnapping of two
    children in Bongor. On September 23, five children were kidnapped for
    ransom; on October 28, one kidnapped child was found dead after the
    parents were unable to pay the ransom in time. According to the human
    rights organization, no investigation of the death was conducted.

        c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
    Punishment.--The constitution and law prohibit such practices; however,
    the Government did not respect these provisions in practice. Security
    force members tortured, beat, raped, and abused persons, particularly
    those suspected of rebel activity or collaboration with rebels. The
    Government took no known action against security force members
    responsible for such abuse.
        On January 24, in N'Djamena security forces arrested Mbailassem
    Berangoto, who allegedly was tortured during detention. No information
    was available on the reasons for Berangoto's arrest, and no action had
    been taken against security force members reportedly involved in his
    torture by year's end.
        On February 7, in Salamat gendarmes arrested Djibrine Noh, who was
    subsequently tortured during detention. As a result of injuries
    inflicted during the torture, doctors amputated Noh's right hand after
    he was released.
        On May 12, in Sarh government intelligence agents arrested
    Madjadoumbe Ngom Halle, who they subsequently tortured during
    detention. Halle was released on June 16.
        No action was taken against security forces involved in the
    following 2009 cases of torture: the March 19 detention and torture by
    military personnel of Malioum Ousamane; the March 26 arrest and torture
    by police of 15-year-old Mahamat Nour Abrass; and the May 29 torture by
    security agents of Yaya Erdimi.
        Police, gendarmes, and ANT personnel raped women and girls.
        No action was taken in the following 2009 cases of security force
    rape: the May 7 rape by ANT soldiers of a girl and a woman near Am Dam;
    the July 1 rape of an 11-year-old girl by men in uniform; and the
    kidnap and rape by ANT soldiers of 10 girls.
        Unlike in the previous year, there were no reports that unexploded
    ordnance, including landmines laid by government, rebel, or foreign
    forces, resulted in injuries.

        Prison and Detention Center Conditions.--Prison conditions remained
    harsh and life threatening. Prisons were seriously overcrowded; had
    poor sanitation; and provided inadequate food, shelter, and medical
    facilities. Regional detention centers, which were crumbling,
    overcrowded, and without adequate protection for women and youth, had
    no budgets to provide meals for inmates. Prison guards were not
    regularly paid, and sometimes ``released'' prisoners who offered
    compensation for the service. Provisions for ventilation, temperature,
    lighting, and access to potable water were inadequate or nonexistent.
    The law provides that a doctor must visit each prison three times a
    week, but this provision was not respected. Forced labor in prisons
    occurred.
        As a result of inadequate record-keeping and management, many
    individuals remained in prison after completing their sentences or
    after courts had ordered their release. During the year Justice
    Minister Mbailao Naimbaye Lossimian and other government officials
    visited various prisons throughout the country to evaluate conditions.
    In May the justice minister ordered a survey of all prisoners to assess
    the disposition of cases and whether prisoners knew their rights. The
    survey revealed there were prisoners without case files, who had been
    detained more than three years with no follow-up by judges or lawyers.
        Local human rights organizations continued to report on the
    existence of military prisons to which access was prohibited; they also
    reported on the existence of secret prisons run by the National
    Security Agency and the General Directorate of Security Services for
    National Institutions (DGSSIE). According to local human rights
    organizations, persons were detained in secret detention facilities
    under the authority of the Ministry of the Environment; other
    international organizations disputed this claim.
        There were continued reports that rebel suspects were being held in
    the Koro Toro detention facility, which was operated by the Public
    Security and Immigration Ministry. (During the year the president
    divided the former ministry of interior into two entities: the Ministry
    of Public Security and Immigration and the Ministry of Territorial
    Administration.) On August 11, an opposition Web site released a list
    of 750 prisoners allegedly detained there. No information on prison
    conditions was available. In December the Government formally
    transferred control of the prison to the Ministry of Justice in an
    effort to improve conditions, encourage due process, and provide
    humanitarian access.
        Estimates of deaths due to poor prison conditions varied. A local
    human rights group reported 10 prisoners died during the year; however,
    an opposition Web site claimed that 20 prisoners had died in Koro Toro
    Prison alone.
        The Government did not keep statistics on the number of prisoners
    and detainees in the country, and no information was available.
    Juvenile males were not always separated from adult male prisoners, and
    children were sometimes held with their inmate mothers. During a July 2
    to 5 Justice Ministry visit to five eastern towns, officials found
    children as young as eight years old incarcerated for petty thievery.
    Pretrial detainees were held with convicted prisoners.
        Prisoners generally had access to visitors and were permitted
    religious observance. There was no regular mechanism by which prisoners
    could submit complaints about prison conditions, and there were no
    judicial authorities to receive such complaints.
        The Government honored a permanent authorization notice of the
    Chadian Association for the Promotion and Defense of Human Rights
    (ATPDH), allowing the organization to visit civilian prisons at any
    time without advance notice. Other local NGOs, including human rights
    groups, were required to obtain authorization from a court or from the
    director of prisons; granting of such authorizations depended largely
    on the personal inclinations of those with authority to grant
    permission. Local NGOs were not allowed access to military prisons.
        The Government permitted the International Committee of the Red
    Cross (ICRC) to visit civilian prisons under the control of the
    Ministry of Justice and, during the year, the ICRC conducted such
    visits. Despite repeated ICRC requests, the Government denied access to
    the Koro Toro detention facility, which was run by the Ministry of
    Public Security and Immigration. However, the Ministry of Justice,
    which assumed authority for the Koro Toro facility in December, assured
    the ICRC that access would be forthcoming. The Government also
    restricted ICRC access to detention centers operated by other
    ministries.

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

        Role of the Police and Security Apparatus.--The ANT, gendarmerie,
    national police, nomadic guard (GNNT), DGSSIE, and counterintelligence
    service (ANS) are responsible for internal security. The Integrated
    Security Detachment (DIS), which reports to the National Coordination
    of Support to Humanitarian Activities and the Integrated Security
    Detachment, is responsible for reducing insecurity in refugee camps and
    for protecting refugees and IDPs. The ANT, gendarmerie, and GNNT report
    to the Ministry of Defense; the National Police reports to the Ministry
    of Public Security and Immigration; and the DGSSIE and ANS report to
    the president. Officers from President Deby's ethnic group, the
    Zaghawa, and closely allied ethnic groups dominated the ANS. The
    DGSSIE's ethnic composition was mixed, but Zaghawas were
    overrepresented. The police force was centrally controlled, but
    exercising oversight, particularly outside N'Djamena, was difficult.
        Police were corrupt and involved in banditry, arms proliferation,
    and extortion. Security force impunity was widespread (see section 5).
        As a result of the January 15 peace accord with Sudan, a mixed
    Chadian-Sudanese border force to patrol between the two countries was
    established in February. The Government and outside observers
    considered the border force effective. Command authority alternated
    every six months between Chad and Sudan.
        In 2009 the Government initiated an extensive military
    modernization program to professionalize and reduce the size of the
    armed forces. Part of the effort included ascertaining who still
    collected military salaries and wore uniforms, since many former
    military personnel continued to do so, and former soldiers sometimes
    posed as active duty military and committed crimes with government-
    issued weapons. However, weapons were pervasive in the country, there
    was no standardized military uniform (except for the beret), and
    camouflage uniforms were readily available in the marketplace. Reports
    of violence were often accompanied by witnesses claiming the
    perpetrator was ``someone in uniform.''
        In January President Deby announced that he would not support the
    renewal of MINURCAT, which the UN authorized in 2007 to protect
    civilians, support regional peace, and promote human rights and the
    rule of law in eastern Chad and northeastern CAR. Deby claimed the
    Government could perform MINURCAT's protection functions as well as UN
    peacekeepers. On May 25, following subsequent discussions between the
    Government and the UN, UN Security Council Resolution 1923 extended
    MINURCAT's mandate until December 31, with a reduction in its military
    personnel and complete withdrawal of military and civilian elements,
    other than those required for the mission's liquidation, by that date.
    MINURCAT ended all military operations on October 15. On December 31,
    MINUCAT transferred its remaining functions to the Government.

        Arrest Procedures and Treatment While in Detention.--Although the
    constitution and law require a judicial official to sign arrest
    warrants, secret detentions occurred. Detainees were not promptly
    informed of charges, and judicial determinations were not made
    promptly. The law requires access to bail and counsel, but neither was
    regularly provided. Incommunicado detention was a problem, and there
    were reports that persons held incommunicado were tortured. The
    constitution and law state that legal counsel should be provided for
    indigent defendants and that defendants should be allowed prompt access
    to family members; however, in practice this usually did not occur.
        Security forces arbitrarily arrested and reportedly tortured
    detainees, particularly those suspected of collaborating with rebels;
    however, unlike in the previous year, there were no reports that
    political leaders, civil society representatives, or human rights
    activists were arrested.
        On March 31, gendarmes in N'Djamena arbitrarily arrested without
    charge Abakar Hassane, a driver. Hassane was later released after the
    Chadian League for Human Rights (LTDH), a local human rights
    organization, lodged a complaint.
        During the same month, in N'Djamena intelligence agents arrested
    without charge Mahamat Abrass Moussa, who remained in ANS detention at
    year's end. The Government denied access to the ICRC and a local human
    rights organization, both of which had requested permission to visit
    Moussa.
        In April in Guidari, the LTDH reported that gendarmes arrested,
    detained, and fined 20 farmers a total of 232,000 CFA ($464) for
    allegedly felling trees on their farms; the law prohibits the mass
    destruction of trees, although security forces sometimes used the law
    to extort money from persons who cut a single tree. The farmers were
    released after the LTDH filed a complaint with the court in Moundou.
        Lengthy pretrial detention remained a problem. Persons accused of
    crimes could be imprisoned for several years before being charged or
    tried, particularly those who were arrested in the provinces for
    felonies and transferred to prison in N'Djamena. Lengthy pretrial
    detention resulted from a weak judiciary, which functioned poorly in
    urban areas and was generally ignored outside of the capital.

        Amnesty.--On January 14, 175 prisoners were pardoned following a
    New Year's amnesty declared by the president.

        e. Denial of Fair Public Trial.--The constitution and law provide
    for an independent judiciary; however, the judiciary was ineffective,
    underfunded, overburdened, and subject to executive interference.
    Intimidation and violence against judicial members were also problems,
    and members of the judiciary sometimes received death threats or were
    demoted or removed from their positions for not acquiescing to pressure
    from officials. Courts were generally weak and in some areas
    nonexistent or nonfunctional. For example, there were only 150 judges
    in the country and all had to hand-write court documents. The
    constitution mandates that the Superior Council of Magistrates
    recommend judicial nominees and sanction judges who commit
    improprieties; however, the Government prevented any sanctions from
    being considered or carried out. A judicial oversight commission has
    the power to conduct investigations of judicial decisions and address
    suspected miscarriages of justice; however, the president appointed
    commission members, which increased executive control over the
    judiciary and diminished the authority of the superior council. Some
    members of the Supreme Court, Constitutional Court, and Court of
    Appeals were appointed by the Government rather than popularly elected
    as required by law, which further weakened judicial independence.
        During the year the justice minister organized a variety of trips
    around the country to evaluate the judicial system personally; most
    results of those visits were not made public.
        Government officials, particularly members of the military, had
    impunity (see section 4). During the year there were reports that the
    mayor of Abeche prevented the enforcement of sentences delivered by the
    court. According to one report, persons detained on criminal charges in
    the East and sent to N'Djamena for prosecution later reappeared in
    military uniform in Abeche.
        Applicable law was sometimes confusing, as courts tended to blend
    the formal French-derived legal code with traditional practices, and
    customary law often superseded Napoleonic law in practice. Residents of
    rural areas often lacked access to formal judicial institutions, and
    legal reference texts were not available outside the capital or in
    Arabic. In most minor civil cases, the population relied on traditional
    courts, over which village chiefs, canton chiefs, or sultans presided.
    Penalties in traditional courts varied and sometimes depended on the
    clan affiliation of the victim and perpetrator. Decisions of
    traditional courts can be appealed to a formal court. During the year
    the UN conducted a program to train local chiefs and officials on
    mediation techniques and practices.
        The law provides that crimes committed by military members be tried
    by a military court; however, no such courts existed.

        Trial Procedures.--The law provides for a presumption of innocence;
    however, in practice many judges assumed a suspect's guilt, sometimes
    as a means to extort money from the defendant. For example, in the few
    cases of rape that reached the courts, defendants were fined rather
    than tried as a means to extort money. Trials are public and use
    juries, except in politically sensitive cases. Defendants have the
    right to be present in court. They also have the right to consult an
    attorney in a timely manner; however, in practice detained persons were
    not always given access to counsel. The law states that indigents
    should be provided promptly with legal counsel, but this seldom
    occurred in practice. Human rights groups sometimes provided free
    counsel to indigent clients. Defendants, their lawyers, and judges are
    permitted by law to question witnesses. Defendants have the right to
    present witnesses and evidence on their own behalf. Defendants and
    their attorneys have access to government-held evidence relevant to
    their cases, except in politically sensitive cases. Defendants have the
    right to appeal decisions. The law extends these rights to all
    citizens.
        Local leaders decide in a particular case whether to apply the
    Islamic concept of dia, which involves a payment to the family of a
    crime victim. The practice was common in Muslim areas. Non-Muslim
    groups, which supported implementation of a civil code, continued to
    challenge the use of the dia concept, arguing that it was
    unconstitutional.

        Political Prisoners and Detainees.--The Government held political
    detainees and prisoners during the year; however, the absence of
    statistics and records made it difficult to ascertain how many were
    held.

        Civil Judicial Procedures and Remedies.--The judiciary reportedly
    was not always independent or impartial in civil matters. There are
    administrative and judicial remedies available such as mediation for
    alleged wrongs. Suits for human rights violations may be brought before
    the penal tribunal or the penal court; compensation is addressed in the
    civil court.

        f. Arbitrary Interference With Privacy, Family, Home, or
    Correspondence.--The constitution provides for the right to privacy and
    inviolability of the home; however, the Government conducted illegal
    searches and wiretaps, monitored private mail and e-mail, and continued
    home demolitions in N'Djamena. Security forces regularly stopped
    citizens and extorted money or confiscated belongings.
        In June the Government demolished homes, businesses, NGO
    headquarters, and government facilities as part of its ongoing urban
    renewal efforts in N'Djamena. The demolitions, which began in 2008,
    have left tens of thousands of persons without shelter or means of
    earning income. Citizens charged that the Government had not given
    proper advance notification of the home demolitions, although the
    Government claimed that citizens had not heeded notifications to move.
    The Government provided compensation to those with deeds; however,
    critics charged that the compensation was inadequate and not available
    to all. New construction to replace demolished housing began during the
    year, but many newly homeless persons were living in vacant lots at
    year's end.
        The Ministry of Public Security and Immigration maintained an
    emergency-era ban on both the possession and use of satellite
    telephones. Military and police personnel searched for and confiscated
    satellite telephones.
        Unlike in previous years, there were no reports that police
    arrested family members of suspects.
    Section 2. Respect for Civil Liberties, Including:

        a. Freedom of Speech and Press.--The constitution provides for
    freedom of opinion, expression, and of the press, with restrictions if
    public order, good morals, or the rights of others are affected;
    however, the Government did not always respect these rights, although
    press freedom improved during the year. The constitution also prohibits
    propaganda of an ethnic, regionalist, or religious nature that affects
    national unity or the secular nature of the state. Journalists and
    publishers practiced self-censorship.
        Individuals who publicly criticized the Government said they risked
    reprisals, and the Government reportedly attempted to control criticism
    by intimidating critics and monitoring opposition meetings.
        On August 18, the National Assembly adopted a new law on press
    freedom, Law No. 17, and rescinded Ordinance 5, the 2008 presidential
    decree that placed state-of-emergency restrictions on speech and press.
    Most observers welcomed the new law, which decriminalizes many press
    offenses as well as the specific crime of offending the head of state.
    However, others criticized provisions that prohibit journalists or
    newspapers from inciting racial or ethnic hatred or condoning violence,
    for which penalties include jail sentences of up to one year, fines of
    up to one million CFA ($2,000 dollars), or a six-month suspension of
    publication.
        Some journalists in rural areas reported that government officials
    warned them not to engage in political reporting on contentious
    subjects. In addition some domestic journalists claimed the Government
    restricted their ability to cover events or visit certain locations and
    limited their access to high-ranking officials, restrictions the
    Government did not impose on foreign journalists.
        On January 6, an N'Djamena court ordered the suspension of the
    opposition publication La Voix du Tchad following the High Council for
    Communications (HCC) order that it cease publication in December 2009
    because it was not licensed. The newspaper was permitted to resume
    publishing in mid-January.
        In the October 14 to 17 edition of the local newspaper N'Djamena
    Bi-Hebdo, the publishers included an article comparing southern Sudan
    with southern Chad. The prime minister called the article ``dangerous''
    and asked the HCC to act on the matter. On October 19, the HCC met with
    journalists and warned N'Djamena Bi-Hebdo in particular and all media
    houses in general to ``observe ethics rules'' by not printing articles
    that risked inciting hatred, violence, or separatist sentiment.
        Unlike in the previous year, there were no reports of foreign
    journalists being deported.
        Radio remained the most important medium of mass communication.
    Government-owned Radiodiffusion Nationale Tchadienne had several
    branches. There were numerous private radio stations that broadcast
    throughout the country; many of them were owned by religious
    organizations, including four stations affiliated with the Catholic NGO
    BELACD.
        The licensing fee set by the HCC for a commercial radio station
    remained prohibitively high at approximately five million CFA
    (approximately $10,000) per year, 10 times the fee for radio stations
    owned by nonprofit NGOs. The HCC monitored and censored the content of
    radio station programming.
        The Government owned and operated the only domestic television
    station but did not interfere with reception of channels originating
    outside the country.

        Internet Freedom.--There were no government restrictions on access
    to the Internet; however, the Government reportedly monitored e-mail.
    Although increasingly available to the public at Internet cafes, most
    persons could not afford Internet access. Lack of infrastructure
    limited public access elsewhere. According to International
    Telecommunication Union statistics for the year, approximately 1.19
    percent of the country's inhabitants used the Internet.

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

        b. Freedom of Peaceful Assembly and Association.--Freedom of
    Assembly.--The constitution provides for freedom of assembly, with
    restrictions if the rights of others, public order, and morals are
    affected; unlike in the previous year, the Government generally
    respected this right. The law requires organizers of demonstrations to
    notify the Government five days in advance.

        Freedom of Association.--The constitution and law provide for
    freedom of association, with restrictions if the rights of others,
    public order, and morals are affected, and the Government respected
    this right in practice.
        An ordinance requires prior authorization from the Ministry of
    Territorial Administration before an association, including a labor
    union, may be formed; however, there were no reports that the ordinance
    was enforced. The ordinance also allows for the immediate
    administrative dissolution of an association and permits authorities to
    monitor association funds.

        c. Freedom of Religion.--For a complete description of religious
    freedom, please see the 2010 International Religious Freedom Report at
    www.state.gov/g/drl/irf/rpt.

        d. Freedom of Movement, Internally Displaced Persons, Protection of
    Refugees, and Stateless Persons.--Although the constitution and law
    provide for freedom of movement within the country, foreign travel,
    emigration, and repatriation, the Government imposed limits on these
    rights.
        The Government cooperated with the Office of the UN High
    Commissioner for Refugees (UNHCR) and other humanitarian organizations
    in providing protection and assistance to internally displaced persons,
    refugees, and other persons of concern.
        The Ministry of Territorial Administration required foreigners,
    including humanitarian agency personnel, to obtain authorization to
    travel to the eastern part of the country.
        Security forces, bandits, and, to a lesser extent than in previous
    years, rebel groups continued to maintain roadblocks, extorting money
    from travelers, often beating and in some cases killing them.
        Armed bandits, herders involved in cross-border conflict over
    resources, and rebel groups along the border with CAR continued to
    hinder free movement in the region.
        The law prohibits forced exile, and the Government did not use it.
        The Government continued active negotiations with rebel groups to
    convince them to renounce their rebel associations and integrate into
    the ANT or civilian life. Returning rebels who gave up former
    affiliations were not arrested or threatened with arrest, although
    rebels captured without surrendering were detained. During the year
    hundreds of rebel fighters returned voluntarily from Sudan; in 2009
    between 2,000 and 3,000 rebels returned to the country. However, rebel
    fighters remained in Sudan at year's end.

        Internally Displaced Persons (IDPs).--Approximately 170,000 IDPs,
    most of whom were displaced in 2005 as a result of interethnic fighting
    over scarce water and land resources during drought, resided in 38
    camps in the country. Many IDPs were reluctant to return to their
    original homes, which often had been resettled by other groups and
    frequently provided less access to potable water and primary health
    care. The Government continued to allow IDPs access to humanitarian
    organizations and permitted them to accept assistance provided by these
    groups. Although UN and humanitarian organizations operated in the
    country during the year, lack of security lessened their ability to
    provide services to IDPs and refugees.
        Sexual violence against displaced women and girls in the eastern
    part of the country was a problem. Four ANT soldiers reportedly raped
    an IDP during the year, and there were reports that organized groups
    and bandits raped IDPs. While in the past such violence was primarily
    perpetrated by soldiers, rebels, and bandits, during the year such
    attacks were perpetrated primarily by unemployed male IDPs. Observers
    commented that male IDP inability to obtain livelihoods contributed to
    domestic violence.
        As in the rest of the country, perpetrators of sexual violence
    rarely were prosecuted, and government efforts to protect vulnerable
    women were inadequate. However, the Government conducted extensive
    sensitization campaigns against sexual violence and urged women to come
    forward without fear of reprisal.
        Although there were more than 70 international humanitarian
    organizations in the eastern part of the country, there were gaps in
    their protection mechanisms as well. For example, victims of sexual
    violence may need a medical certificate to proceed with a legal case,
    but they struggled to get these certificates from NGO doctors wary of
    engaging in court processes. The mobile courts organized by the UN only
    made occasional visits to each area and rarely addressed sexual
    violence cases.
        Tension between IDPs and local communities existed. IDPs generally
    were located near internationally provided potable water and health
    services, which sometimes created resentment in host communities that
    did not receive such services.
        Tens of thousands of persons lost their homes and means of
    livelihood as a result of the Government's ongoing urban renewal
    program in N'Djamena (see section 1.f.).

        Protection of Refugees.--The country's laws do not provide for the
    granting of asylum or refugee status; however, 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
    on account of their race, religion, nationality, membership in a
    particular social group, or political opinion.
        By September approximately 270,000 Sudanese refugees from Darfur
    remained in the country, most located in 12 camps along the eastern
    border with Sudan. Approximately 80,000 refugees from CAR lived
    primarily in five camps in the south, and approximately 5,000 refugees
    of various nationalities lived in urban areas.
        Insecurity in the East, including rebel and bandit attacks,
    hindered the ability of humanitarian organizations to provide services
    to refugees. NGO workers traveling between camps frequently were
    victims of carjackings and armed robberies.
        The UNHCR and its partner organizations continued to express
    concern regarding the potential for militarization of refugee camps by
    Sudanese and Chadian rebels, particularly camps located close to the
    border. The recruitment of some refugees, including children, into
    rebel armed groups continued (see section 6).
        Anti-refugee sentiment among citizens living in refugee-affected
    areas was high. Children who were refugees or IDPs often had better
    access to education and health services than those in surrounding local
    populations due to extensive humanitarian interventions on their
    behalf. Resentment between citizens and refugees also occurred due to
    competition for local resources such as wood, water, and grazing land,
    and because Sudanese refugees received goods and services that were not
    available to the local population.
        Reports of refugees being raped continued. According to the UNHCR,
    there were 32 rapes of refugee women or girls between January and
    October. In the majority of the cases, the perpetrators were either
    fellow refugees or unknown individuals just outside the camps. In 2009
    the NGO Physicians for Human Rights documented cases of refugee rape
    inside and outside of refugee camps. There were reports that organized
    groups, bandits, and other refugee groups committed the rapes. Unlike
    in the previous year, however, there were no reports that NGO staff
    members were responsible for raping refugees.
    Section 3. Respect for Political Rights: The Right of Citizens to
            Change Their Government
        Although the constitution and law provide citizens with the right
    to change their government, the Government continued to limit this
    right in practice. The executive branch dominated the other branches of
    government.

        Elections and Political Participation.--In 2006 President Idriss
    Deby Itno, leader of the ruling MPS, was elected to a third term in
    what unofficial observers characterized as an orderly but seriously
    flawed election boycotted by the opposition. Deby has ruled the country
    since taking power in a 1990 coup.
        Due to technical problems in meeting the electoral deadline, the
    Independent National Electoral Commission postponed legislative
    elections scheduled for November 28 and municipal elections scheduled
    for December 5 until 2011. The commission oversaw a voter registration
    drive and worked with the permanent election bureau to develop voter
    lists and voter cards.
        There were approximately 120 registered political parties. The main
    opposition coalition was well treated, in part to provide proof that
    the country had a multiparty system; however, smaller opposition
    parties were subjected to government interference. Northerners,
    particularly members of the Zaghawa ethnic group, including the Bideyat
    subclan to which the president belongs, were overrepresented in key
    institutions of state power, including the military officer corps,
    elite military units, and the presidential staff. Opposition leaders
    accused the Government of denying funds and equal broadcast time on
    state-run media.
        Unlike in the previous year, there were no reports that opposition
    leaders were harassed, co-opted to run as MPS members in local
    elections, or pressured to cross the aisle in the National Assembly.
    There also were no reports that the military intimidated party members
    who refused to cooperate.
        There were 10 women in the 155-seat National Assembly. Nine of the
    41 ministers in the cabinet were women. Both the cabinet and the
    National Assembly had diverse ethnic representation.
    Section 4. Official Corruption and Government Transparency
        The law provides criminal penalties for corruption; however, the
    Government did not implement the law effectively, and corruption was
    pervasive at all levels of government. The World Bank's most recent
    Worldwide Governance Indicators reflected that corruption was a severe
    problem.
        Police were unable to address internal security problems
    effectively, including widespread banditry and arms proliferation.
    Police and gendarmes extorted payments from motorists with impunity. In
    November, in an effort to curb such extortion and combat the high cost
    of living, President Deby ordered the dismantling of all military
    checkpoints in the country, and many had been dismantled by year's end.
        Official impunity, particularly for the military and other
    influential persons, was common. For example, members of the Judiciary
    Police did not enforce domestic court orders against the armed forces
    or members of their own ethnic groups. Judicial lack of independence
    and corruption also were problems.
        The Ministry of Moralization is responsible for fighting
    corruption.
        During the year the Government investigated several officials
    connected to various 2009 corruption scandals, including a school
    textbook scandal involving 1.5 billion CFA ($3 million) in false
    contracts. During the year all 141 government officials investigated in
    connection with this and 34 other 2009 cases of embezzlement and
    misappropriation were released; in most cases, charges were dropped.
        In January the High Court formally investigated seven ministers in
    connection with the textbook scandal. By early February, former
    minister of education Abdramane Koko, former deputy minister of finance
    Oumar Boukar Gana, and former minister and secretary-general of the
    Government Limane Mahamat had been dismissed for corruption. By year's
    end, charges had been dropped against ministers Gana, Mahamat, and
    Koko. The National Assembly elected not to call for cases against four
    other ministers arrested in connection with the scandal--former deputy
    education minister Khadidja Hassaballah, former health minister
    Ngombaye Djaibe, and former deputy agriculture minister Fatime Ramadan.
    Former secretary-general of the presidency Haroun Kabadi, also
    implicated in the textbook scandal, was released on February 16 and
    appointed special advisor to President Deby on July 7. Sixteen other
    government officials from the Ministries of Finance and Education
    arrested in connection with the case also were freed for lack of
    evidence.
        In a separate corruption case, Mahamat Zen Bada, a former mayor of
    N'Djamena, and his 10 associates, who were arrested and removed from
    office in 2009, also were released with all charges dropped.
        In 2009 the College for the Control and Monitoring of Oil
    Resources, a committee established to involve civil society in the
    management of oil revenues, identified deficiencies that included
    insufficient coordination between ministries and local officials, lack
    of qualified personnel to implement and oversee poverty reduction
    projects, and the inability of the Government to complete fully or to
    provide sufficient resources for ongoing projects. The Government had
    taken no clear action on findings in the college's previous reports by
    year's end.
        The Government took no action regarding an August 2009 report by
    the International Crisis Group charging that the Government did not
    award contracts transparently for public works built with oil revenues,
    which increased corruption and cronyism. The report also stated that
    the Government had gradually reduced the role of the College for the
    Control and Monitoring of Oil Resources.
        On July 16, the Government held training sessions for local
    officials on ethics and good governance; governors from the 22 regions
    attended the sessions.
        Public officials were subject to financial disclosure laws;
    however, the law was not enforced, and officials did not disclose their
    financial status.
        The law does not provide for public access to government
    information, although the Government provided such access to
    government-employed journalists. The Government makes its budget
    partially available to the public; however, it did not disclose a large
    portion of expenditures in the published budget. Independent media
    journalists stated that they were not given sufficient access to
    government information.
    Section 5. Governmental Attitude Regarding International and
            Nongovernmental Investigation of Alleged Violations of Human
            Rights
        Government officials generally were accessible to human rights
    advocates but occasionally were unresponsive or hostile to their
    findings; however, unlike in the previous year, there were no reports
    that the Government actively obstructed the work of domestic human
    rights organizations. Despite pressure from the Government, such groups
    were able to investigate and publish their findings on human rights
    cases.
        There were two principal local human rights organizations, ATPDH
    and the LTDH. These and smaller human rights organizations worked
    together through an umbrella organization, the Association for Human
    Rights. Human rights groups were outspoken in publicizing abuses
    through reports, press releases, and the print media; however, they
    rarely were able to intervene successfully with authorities.
        Unlike in the previous year, there were no reports that the
    Government arrested or harassed NGO employees.
        On March 9 to 11, the Government held its first forum on human
    rights to address problems and develop a government action plan. Led by
    Minister of Human Rights Abdraman Djasnabille, government ministers,
    national and local government officials, military leaders, traditional
    chiefs, local civil society representatives, and members of domestic
    and international human rights organizations attended the forum.
    Violence against women, arbitrary arrest, police brutality, prisoner
    abuse, continued recruitment of child soldiers, and official impunity
    were among the problems addressed.
        Violent attacks by armed groups and bandits against humanitarian
    and human rights NGO workers increased during the year. Such workers
    were kidnapped, their vehicles hijacked, their convoys looted, and
    their offices plundered. Humanitarian organizations were forced to
    suspend or limit their activities temporarily--including food
    distribution to refugees and IDPs.
        On June 6, in Abeche, armed bandits kidnapped Hubert Blama, an
    employee of the British NGO Oxfam; Blama was released on June 16. The
    kidnapping reportedly was perpetrated to embarrass the president.
        On February 6, ICRC international staff member Laurent Maurice was
    released in Darfur, Sudan after being held for 89 days; Maurice was
    kidnapped in Kawa in November 2009 by armed members of a Sudan-based
    group.
        There were no developments regarding the 2008 killing of NGO Save
    the Children director Pascal Marlinge.
        The Government cooperated with international governmental
    organizations and permitted visits by UN representatives. A delegation
    from the Geneva-based UN Commission on Human Rights visited and
    evaluated the possibility of opening an office in the country. In
    contrast to previous years, there were no reports that the Government
    obstructed the work of international human rights organizations, such
    as Human Rights Watch.
    Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
        Although the constitution and law prohibit discrimination based on
    origin, race, gender, religion, political opinion, or social status,
    the Government did not effectively enforce these provisions.

        Women.--Rape is prohibited and punishable by hard labor; however,
    rape, including of female refugees, was a problem (see section 2.d.);
    no reliable data on the extent of the problem was available. The law
    does not specifically address spousal rape. Although police often
    arrested and detained perpetrators, rape cases usually were not tried,
    and most suspects were released. Cultural norms often forced women and
    unmarried girls to marry their attackers to preserve their honor.
        Although the law prohibits violence against women, domestic
    violence, including spousal abuse, was common. Wives traditionally were
    subject to the authority of their husbands and they had limited legal
    recourse in case of abuse. Although family or traditional authorities
    could provide assistance in such cases, police rarely intervened,
    although traditional leaders often did. During the year some women
    began reporting cases of violence and abuse to local human rights
    organizations. Information on the number of abusers who were
    prosecuted, convicted, or punished was unavailable.
        In some areas girls and women may not visit the site where an
    initiation ceremony is to take place. If a woman or girl violates this
    prohibition, she may be killed by village leaders under traditional
    custom, although there were no reports of this occurring during the
    year.
        During the year the Government, with assistance from the UN,
    launched an awareness campaign to combat gender-based violence. This
    included raising awareness regarding rape, sexual harassment, FGM,
    discrimination against women, and early marriage.
        The law does not prohibit sexual harassment, and such harassment
    was a problem.
        The law provides for the right of couples and individuals to decide
    freely and responsibly the number and spacing of their children, as
    well as to have access to information regarding birth control methods.
    However, many persons lacked access to medical care, particularly those
    in rural areas. Couples lacked access to contraception, and only 14
    percent of childbirths were assisted professionally. Based on 2008
    statistics, the ratio of midwives to women of childbearing age was one
    to 14,800. The incidence of maternal mortality was 1,500 per 100,000
    live births. Approximately 10 percent of married women in N'Djamena
    used contraceptives during the year; 5 percent of women in towns and
    0.4 percent of women in the countryside used contraception. Women were
    equally diagnosed and treated for sexual transmitted infections,
    including HIV; treatment was free.
        Discrimination against women and exploitation of women were
    widespread. Although property and inheritance laws do not discriminate
    against women, local leaders adjudicated most inheritance cases in
    favor of men, according to traditional practice. The Ministry of Social
    Action and Women is responsible for addressing gender-related issues.
    Women did not have equal opportunities for education and training,
    making it difficult for them to compete for formal sector jobs. Women
    experienced economic discrimination in access to employment, credit,
    and pay equity for substantially similar work, and in owning or
    managing businesses due to cultural norms that favored men.
        The law states that persons of the required legal age have the
    right, in accordance with the law, customs, and mores, to decide
    whether to be married. The law does not address polygyny, but husbands
    may opt at any time to declare a marriage polygynous. If a husband
    takes a second wife, the first wife has the right to request that her
    marriage be dissolved, but she must repay her bride price and other
    marriage-related expenses.

        Children.--Citizenship is derived by birth within the country's
    territory and from ones' parents; however, children born to refugees
    from Sudan were not always considered citizens. Children born to
    refugees from CAR generally were granted Chadian citizenship. The
    Government did not register all births immediately, and it was unclear
    whether a birth certificate was required to attend school. By law
    education is universal and free, and primary education is compulsory
    between the ages of six and 11; however, parents were often required to
    pay tuition to public schools beyond the primary level. Parents also
    were required to pay for textbooks, except in some rural areas. Parent-
    teacher associations hired and paid approximately half of teachers,
    without government reimbursement. Schools did not exist in many
    locations. Only 37 percent of children completed primary education.
    According to the World Bank Development Indicators Database, only six
    girls for every 10 boys attended primary school. Most children did not
    attend secondary school, where enrollment of girls was also lower than
    that of boys.
        Several human rights organizations reported on the problem of the
    mouhadjirin, children who attended certain Islamic schools and were
    forced by their teachers to beg for food and money. Children with
    discipline problems were often sent to these schools by their parents,
    who hoped the harsh conditions would ameliorate behavioral problems.
    There was no reliable estimate of the number of mouhadjirin.
        Child abuse remained a problem.
        The law prohibits FGM; however, the practice was widespread,
    particularly in rural areas. According to a 2004 report by the
    Governmental National Institute of Statistics, Economic, and
    Demographic Studies, 45 percent of females had undergone excision.
    According to the survey, 70 percent of Muslim females and 30 percent of
    Christian females were subjected to FGM. The practice was especially
    prevalent among ethnic groups in the East and South. All three types of
    FGM were practiced. The least common but most dangerous and severe
    type, infibulation, was confined largely to the region on the eastern
    border with Sudan. FGM usually was performed prior to puberty as a rite
    of passage.
        FGM could be prosecuted as a form of assault, and charges could be
    brought against the parents of FGM victims, medical practitioners, or
    others involved in the action. However, prosecution was hindered by the
    lack of specific penalty provisions in the penal code. There were no
    reports that any such suits were brought during the year. The Ministry
    of Social Action and Family was responsible for coordinating activities
    to combat FGM. The Government, with assistance from the UN, continued
    to conduct public awareness campaigns to discourage the practice of FGM
    and highlight its dangers as part of its efforts to combat gender-based
    violence. The campaign encouraged persons to speak out against FGM and
    other forms of abuse against women and girls. The president's wife
    played a major role during the year in raising awareness of violence
    and other human rights abuses faced by women and children.
        Although the law prohibits sexual relations with a girl younger
    than 14 years old, even if she is married, the ban rarely was enforced.
    Families arranged marriages for girls as young as 12 or 13 years old;
    the minimum legal age for engagements is 11 years old. The law
    prohibits forced marriages of anyone younger than the age of 18 and
    provides for imprisonment of six months to two years and a fine of
    50,000 to 500,000 CFA ($100 to $1,000). However, forced marriage of
    girls was a serious problem, including among refugees. The custom of
    buying and selling child brides was widespread. Girls that objected to
    being forcibly married often suffered physical assaults by their family
    members and their husband. Many young wives were forced to work long
    hours for their husbands in the fields or home.
        The law prohibits the use of child soldiers, and the Government
    discontinued all conscription of child soldiers and continued efforts
    to demobilize all remaining children from security forces and rebel
    groups. However, armed groups, both Chadian and from Sudan, continued
    to recruit children from refugee camps along the eastern border,
    although such incidents had sharply decreased by year's end. MINURCAT
    reported that in April, JEM recruits from refugee camps in the East
    included children.
        From June 7 to 9, the country hosted a regional conference to end
    recruitment and use of children in armed conflict. The conference was
    organized with support from UNICEF and included official delegations
    from Cameroon, CAR, Niger, Nigeria, and Sudan. UNICEF publicly stated
    that Chad's progress on addressing child soldiers had made it a
    regional leader on the issue. All conference participants signed the
    N'Djamena Declaration, pledging to eliminate the recruitment and
    involvement of children in armed forces, armed groups, and in all forms
    of hostilities. A follow-up committee to implement the declaration met
    and continued to work through year's end.
        The Government continued to transfer children associated with
    returning rebel groups to UNICEF for reintegration and rehabilitation
    during the year. On the eve of the conference, for example, the
    Government facilitated the release of 45 new child soldiers from rebel
    groups into UNICEF's care. The Government cooperated with international
    efforts to provide rehabilitation services.
        Armed bandits kidnapped children to obtain ransom in the Mayo-Kebbi
    Ouest Region (see section 1.b.).
        In October members of the NGO Zoe's Ark, who had been charged with
    abduction of Chadian children in 2007, appeared before a court in
    France; in 2008 the president of Chad had pardoned those involved.
        The country is not a party to the 1980 Hague Convention on the
    Civil Aspects of International Child Abduction. For information on
    international parental child abduction, please see the Department of
    State's annual report on compliance at http://travel.state.gov/
    abduction/resources/congressreport/congressreport--4308.html.

        Anti-Semitism.--There was no known Jewish community, nor were there
    any reports of anti-Semitic acts.

        Trafficking in Persons.--For information on trafficking in persons,
    please see the Department of State's annual Trafficking in Persons
    Report at www.state.gov/g/tip.

        Persons With Disabilities.--The law prohibits discrimination
    against persons with disabilities, and while the Government made
    efforts to enforce this prohibition in N'Djamena, it was unable to do
    so throughout the country. There were no laws or programs to assure
    access to buildings for persons with disabilities; however, the
    Government operated a few education, employment, or therapy programs
    for such persons.
        The country had numerous persons with disabilities related to
    polio, and many such persons held ranking positions in the Government.
        The Government, in conjunction with NGOs, continued to sponsor an
    annual day of activities to raise awareness of the rights of persons
    with disabilities. The Ministry of Social Action and Family is
    responsible for protecting the rights of persons with disabilities.

        National/Racial/Ethnic Minorities.--There are approximately 200
    ethnic groups, many of which were concentrated regionally. They speak
    128 distinct primary languages. Most ethnic groups were affiliated with
    one of two regional and cultural traditions--Arabs and Muslims in the
    north, center, and east, and Christian or animist groups in the south;
    however, internal migrations in response to urbanization and
    desertification resulted in the integration of these groups in some
    areas.
        Interethnic violence continued, particularly in the east and south.
    Clashes between herders and sedentary populations and other interethnic
    violence continued, often related to competition for increasingly
    scarce arable lands due to desertification.
        Societal discrimination was practiced routinely by members of
    virtually all ethnic groups and was evident in patterns of employment.
    The law prohibits government discrimination on the basis of ethnicity,
    although in practice ethnicity continued to influence government
    appointments and political alliances. Political parties and groups
    generally had readily identifiable regional or ethnic bases.

        Societal Abuses, Discrimination, and Acts of Violence Based on
    Sexual Orientation and Gender Identity.--There were no known lesbian,
    gay, bisexual, and transgender (LGBT) organizations. There were few
    reports of violence or discrimination against LGBT persons, in large
    part because most such persons were discreet about sexual orientation
    due to social and cultural strictures against homosexuality. The law
    prohibits but does not define ``unnatural acts,'' and there was no
    evidence that the law was used against LGBT persons during the year.

        Other Societal Violence or Discrimination.--The law provides for
    persons with HIV/AIDS to have the same rights as those without HIV/AIDS
    and obligates the Government to provide information, education, and
    access to tests and treatment for persons with HIV/AIDS; however,
    societal discrimination against persons living with HIV/AIDS continued.
    Government officials were not always well informed on educating such
    persons on their rights and treatment options. Women were accused
    occasionally of passing HIV to their husbands and were threatened by
    family members with judicial action or banishment.
    Section 7. Worker Rights

        a. The Right of Association.--The law allows all employees except
    members of the armed forces to form or join unions of their choice
    without excessive requirements, but the authorization of the Ministry
    of Territorial Administration is required; there were no reports that
    the authorization requirement was enforced during the year. The
    Ministry of Territorial Administration can also order the immediate
    administrative dissolution of a union.
        In the formal sector, more than 90 percent of employees belonged to
    unions; however, the great majority of workers were self-employed,
    nonunionized, unpaid, subsistence cultivators or herders. The
    Government, which owned enterprises that dominated many sectors of the
    formal economy, remained the largest employer.
        The law recognizes the right to strike but restricts the right of
    civil servants and employees of state enterprises to do so. Civil
    servants and employees of state enterprises, including civil servants
    and teachers, must complete a mediation process and notify the
    Government before striking. Employees of several public entities deemed
    essential must continue to provide a certain level of services.
    According to an International Trade Union Confederation report
    published during the year, the definition of essential services is
    overly broad. The law permits imprisonment with forced labor as
    punishment for participation in illegal strikes, but no such punishment
    was imposed during the year.

        b. The Right to Organize and Bargain Collectively.--The law allows
    unions to organize and bargain collectively, and the Government
    protected these rights. Although there are no restrictions on
    collective bargaining, the law authorizes the Government to intervene
    under certain circumstances. There were no reports of restrictions on
    collective bargaining during the year.
        There are no export processing zones.

        c. Prohibition of Forced or Compulsory Labor.--The constitution
    states that persons cannot be held as slaves or in servitude, and the
    law prohibits forced or compulsory labor, including by children;
    however, forced labor, particularly by children, occurred in the
    informal sector. There were no reports of forced labor practices in the
    formal economy, but children and adults in the rural sector were
    involved in forced agricultural work and domestic servitude.
        Also see the Department of State's annual Trafficking in Persons
    Report at www.state.gov/g/tip.

        d. Prohibition of Child Labor and Minimum Age for Employment.--The
    labor code stipulates that the minimum age for employment is 14 years,
    except that children may work as apprentices beginning at the age of
    13. However, the Government did not enforce the law, and child labor,
    including forced child labor, was a serious problem. The low legal
    minimum age for employment, lack of mandatory schooling past the age of
    11, lack of any schooling opportunities in some areas, and tribal
    initiation rites rendering children informally adults by the age of 14
    contributed to a general perception that child labor did not constitute
    exploitation unless the victims were less than age 13 or 14 years old.
        The majority of forced child laborers were subjected to domestic
    servitude; forced begging; forced labor in cattle herding and fishing;
    and street vending. Children were trafficked to Cameroon, the Central
    African Republic, and Nigeria for forced cattle herding. Girls sold or
    forced into child marriages were forced by their husbands into domestic
    servitude and agricultural labor.
        The law prohibits the use of child soldiers, and the Government
    discontinued all conscription of child soldiers and continued efforts
    to demobilize all remaining children from security forces and rebel
    groups. UNICEF stated that it could not rule out the occasional use of
    children in the ANT in noncombat roles; but it maintained that, during
    the year, the ANT had ceased using children in combat and that it did
    not recruit children. However, armed groups, both from Chad and Sudan,
    continued to recruit children from refugee camps along the eastern
    border, although such incidents had decreased sharply by year's end.
    MINURCAT reported that in April, JEM recruits from refugee camps in the
    East included children (see section 6).
        The country's numerous child herders working outside of traditional
    herding clans often lived in substandard conditions without access to
    school or proper nutrition. These herders customarily were given one
    cow as payment for a year's work, but herd managers often refused to
    pay this salary, or the child's parents collected the payment for
    themselves. Children from the south occasionally were kidnapped and
    transferred to the northeast, near the border with Sudan, to be used as
    herders.
        An estimated 20 percent of children between the ages of six and 18
    worked in exploitive labor in the urban informal sector, according to a
    study published in 2005 by the NGO Human Rights Without Borders.
    Children regularly were employed as herders, domestics, crop-pickers,
    and panners for gold. They also were employed in the commercial sector,
    particularly in the capital, as street vendors, manual laborers, and
    helpers in small shops. Children worked as domestic servants, mainly in
    the capital.
        A 2005 UNICEF-government survey of child domestics in N'Djamena
    noted that 62 percent were boys, 24 percent were between eight and 14
    years of age, 68 percent were between the ages of 15 and 17, and 86
    percent were illiterate. Local human rights organizations reported an
    increase in the number of child domestic workers during the year.
        Children who attended certain Islamic schools were sometimes forced
    by their teachers to beg for food and money.
        Some young girls were forced into marriages by their families and
    then compelled to work in their husbands' fields or homes while they
    were still too young to do so safely.
        The Office of Labor Inspection is responsible for enforcement of
    child labor laws and policies; however, no prosecutions were conducted
    during the year. As in previous years, the office reportedly had no
    funding to carry out field work and investigations. Police reportedly
    used extrajudicial actions against traffickers and child labor
    offenders, including beatings and imposing unofficial fines.
    Traditional leaders also sometimes meted out traditional punishments,
    such as ostracism.
        The Government did not have a comprehensive plan to eliminate the
    worst forms of child labor; however, the Government continued to work
    with UNICEF and NGOs to increase public awareness of child labor. In
    addition the campaign continued to educate parents and civil society on
    the dangers of child labor, particularly for child herders, who often
    were sent to distant locations where they were abused.
        On December 1, in a speech commemorating Freedom and Democracy Day,
    President Deby admonished parents who forced their children to herd
    instead of sending them to schools.

        e. Acceptable Conditions of Work.--The labor code requires the
    Government to set minimum wages, and the minimum wage at year's end was
    28,000 CFA ($56) per month; however, this standard was generally
    ignored. The minimum wage did not provide a decent standard of living
    for a worker and family, although wage levels were raised during the
    year. Nearly all private sector and state-owned firms paid at least the
    minimum wage, but it was largely ignored in the vast informal sector.
    Salary arrears remained a problem, although less so than in previous
    years. The law limits most employment to 39 hours per week, with
    overtime paid for supplementary hours. Agricultural work was limited to
    2,400 hours per year, an average of 46 hours per week. All workers were
    entitled to unbroken rest periods of between 24 and 48 hours; however,
    workers did not always avail themselves of these rights, largely
    because they preferred the additional pay.
        The labor code mandates occupational health and safety standards
    and gives inspectors the authority to enforce them; however, these
    standards were generally ignored in the private sector and in the civil
    service.
        Workers had the right to remove themselves from dangerous working
    conditions; however, in practice, with so few jobs available in the
    formal sector, doing so for any reason often meant jeopardizing their
    employment. The labor code explicitly protects all workers, including
    foreign and illegal workers, but the protections provided were not
    always respected in practice.

                                   __________

                                    COMOROS

        The Union of the Comoros is a constitutional, multiparty republic
    of 770,000 citizens. The country consists of three islands--Grande
    Comore, Anjouan, and Moheli--and claims a fourth, Mayotte, which France
    governs. In 2006 citizens elected Ahmed Abdallah Mohamed Sambi as Union
    of the Comoros president in polling international observers described
    as generally free and fair. This was the first peaceful and democratic
    transfer of power in the country's history. In 2008 the Union Army of
    National Development, with African Union support, launched a successful
    and bloodless military action resulting in the removal of former
    Anjouan president Mohamed Bacar, who fled the country. Bacar had ruled
    Anjouan by force since declaring himself the winner of an illegal
    election in 2007. Moussa Toybou was elected president of Anjouan in a
    generally free and fair process in 2008. In November and December 2010,
    elections were held to choose a new Union president as well as
    governors for each of the three islands. Although some observers noted
    some serious irregularities on the island of Anjouan, these were not
    sufficient to change the outcome, and the results of the elections were
    upheld by the Comoran Constitutional Court. Security forces reported to
    civilian authorities.
        Human rights problems on all three islands included poor prison
    conditions; restrictions on freedom of movement, press, and religion;
    official corruption; discrimination against women; child abuse; and
    child labor.
                            respect for 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 the Government or its agents committed any
    politically motivated killings. However, on June 12, Colonel Combo
    Ayouba, a senior officer in the Comoran army, was killed at his home in
    Moroni. At year's end, an investigation was ongoing, and the chief of
    staff of the Comoran Defense Forces was under house arrest for his
    possible role in the killing (see section 1.d.).
        There were no further developments in the 2008 death from injuries
    inflicted during torture of Nadiati Soimaddine.

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

        c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
    Punishment.--The constitution and laws prohibit such practices, and
    there were no reports government officials employed them.
        In 2009 the Comoros Human Rights Foundation interviewed victims of
    the Bacar regime and was preparing evidence to prosecute those
    responsible for the 2008 abuses. Most cases involved the torture of
    detainees. However, there were no further developments in any of these
    2008 cases, including the arrest of Mohamed Attoumane, the arrest and
    torture of Soulaimana Bacar and several friends, the detention and
    beating of Attoumane Houmadi, and the arrest and torture of Abdallah
    Ahmed Ben Ali.

        Prison and Detention Center Conditions.--Prison conditions remained
    poor. Common problems included inadequate sanitation, overcrowding,
    inadequate medical facilities, and poor diet.
        There were approximately 130 prisoners incarcerated in the
    country's only prison in Moroni, which can accommodate a maximum of 150
    under crowded conditions. At year's end two female prisoners were being
    held; two juveniles were also being held.
        During the year there were no recorded deaths of prison inmates.
        Authorities held pretrial detainees with convicted prisoners.
        Prisoners and detainees were permitted reasonable access to
    visitors and permitted religious observance, but only if they were
    Muslim. The prisoners could also bring complaints to the attention of
    authorities; however, investigations or follow-up actions almost never
    occurred.
        The Government permitted visits by independent human rights
    observers. Representatives from the Red Crescent visited the prison in
    Moroni in June. As a result of the visit, the Red Crescent is working
    on a project to provide a cistern and to repair the latrines.

        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.--Six separate security
    forces report to four different authorities. Union forces include the
    Army of National Development, the Gendarmerie, and the National
    Directorate of Territorial Safety (immigration and customs). Each of
    the three islands also has a police force under the authority of its
    Ministry of Interior.
        Impunity was a problem, and there was no mechanism to investigate
    police abuses. Police and security forces participated in training on
    civil-military relations, public health, and peacekeeping operations.

        Arrest Procedures and Treatment While in Detention.--The law
    requires warrants for arrests and provides for detainees to be held for
    24 hours, although these provisions were not always respected in
    practice. The prosecutor must approve continued detention. A tribunal
    informs detainees of their rights, including the right to legal
    representation. The law provides for the prompt judicial determination
    of the legality of detention, and detainees must be promptly informed
    of the charges against them. In practice these rights were
    inconsistently respected. There is a bail system under which the
    individual is not permitted to leave the country. Some detainees did
    not get prompt access to attorneys or families. The law also requires
    the state to provide an attorney for indigent defendants, but this
    rarely occurred.
        By year's end all but one of the 50 officials of the Bacar regime
    arrested in 2008 had been released.
        Pretrial detention was a problem, with approximately 20 percent of
    the prison population awaiting trial for extended periods for reasons
    including administrative delays, case backlogs, and time-consuming
    collection of evidence. By law pretrial detainees can be held for only
    four months, but this period could be extended. Some extensions lasted
    several months.
        On August 31, the Government put General Mohamed Amiri Salimou,
    chief of staff of the Comoran Defense Forces, under house arrest for
    his possible role in the killing of Colonel Combo Ayouba (see section
    1.a.). Salimou's lawyers insisted that the penal code does not give
    authorities the right to forbid the general from moving about freely or
    communicating with the outside world. They claimed that the general's
    detention was a pretext to allow the president to remove him from his
    position. In addition to General Salimou, approximately 30 military
    personnel were arrested and held in military prisons. Of these all but
    four have since been released. At year's end, the four were being held
    in Moroni's prison, three of them in solitary confinement, and the
    investigation was ongoing.

        e. Denial of Fair Public Trial.--The constitution and law provide
    for an independent judiciary, and the Government generally respected
    judicial independence in practice; however, judicial corruption was a
    problem.

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

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

        Civil Judicial Procedures and Remedies.--There is an independent
    but not impartial judiciary for civil matters; formal courts had
    insufficient resources and were also corrupt, frequently asking for
    bribes in return for favorable rulings. Administrative remedies were
    rarely available, although citizens with influence had access to such
    alternatives. Court orders were inconsistently enforced.

        f. Arbitrary Interference With Privacy, Family, Home, or
    Correspondence.--The constitution and law prohibit such actions, and
    the Government generally respected these prohibitions in practice.
    Section 2. Respect for Civil Liberties, Including:

        a. Freedom of Speech and Press.--The constitution and law provide
    for freedom of speech and of the press; however, the Union government
    partially limited press freedom by public criticism of journalists who
    wrote controversial articles, and journalists on all three islands
    practiced self-censorship.
        Individuals could generally criticize the Union government publicly
    or privately without reprisal.
        There is one government-supported newspaper and six independent
    newspapers.
        One government radio station operated on a regular schedule. Small
    community radio stations operated on all three islands without
    government interference. Residents also received Mayotte Radio and
    French television.

        Internet Freedom.--There were no government restrictions on access
    to the Internet or reports that the Government monitored e-mail or
    Internet chat rooms. Individuals and groups could engage in the
    expression of views via the Internet, including by e-mail. According to
    International Telecommunication Union statistics for 2009,
    approximately 3.59 percent of the country's inhabitants used the
    Internet.

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

        b. Freedom of Peaceful Assembly and Association.--Freedom of
    Assembly.--The constitution and law provide for freedom of assembly;
    however, the Government did not always respect this right.
        On February 8, security forces used tear gas and rubber bullets to
    disperse a march in Moroni by students and teachers protesting the
    country's educational policy. The students were marching to support
    teachers in a compensation dispute.
        On March 16 and 17, and April 23, security forces used batons, tear
    gas, and rubber bullets to disperse demonstrations on Moheli protesting
    the Government's election policy. Nafissa Abdoulhafar lost her unborn
    child after being assaulted by security forces during the
    confrontations, and several other persons were injured. There was no
    investigation by year's end.

        Freedom of Association.--The constitution and law provide for
    freedom of association, and the Union government and the three island
    governments generally respected this right.

        c. Freedom of Religion.--For a description of religious freedom,
    please see the 2010 International Religious Freedom Report at
    www.state.gov/g/drl/irf/rpt

        d. Freedom of Movement, Internally Displaced Persons, Protection of
    Refugees, and Stateless Persons.--The constitution and law provide for
    freedom of movement within the country and foreign travel, and the
    Government generally respected these rights in practice. No specific
    constitutional or legal provisions deal with emigration and
    repatriation.
        On June 6, political activist Said Larifou (a dual French-Comoran
    national) was detained at the Moroni airport and refused permission to
    leave the country. The refusal continued for several months before it
    was rescinded, although he was allowed to move freely within the
    country during that time. The authorities did not publicly state a
    reason for their refusal to allow Larifou to leave the country.
        The Government cooperated with the Office of the UN High
    Commissioner for Refugees and other humanitarian organizations in
    providing protection to internally displaced persons, refugees, asylum
    seekers, and stateless persons.
        The law does not prohibit forced exile, but the Government did not
    use it.

        Protection of Refugees.--The country is not party to the 1951
    Convention relating to the Status of Refugees, its 1967 Protocol
    relating to the Status of Refugees, or the 1969 African Union
    Convention Governing the Specific Aspects of the Refugee Problem in
    Africa. The law does not provide for the granting of asylum or refugee
    status in accordance with these conventions, and the Government has not
    established a system for providing protection to refugees. In practice
    although very few refugees sought asylum, the Government provided
    protection against the expulsion or return of refugees to countries
    where their lives or freedom would be threatened on account of their
    race, religion, nationality, membership in a particular social group,
    or political opinion.
    Section 3. Respect for Political Rights: The Right of Citizens to
            Change Their Government
        The constitution and law provide citizens the right to change their
    government peacefully, and citizens exercised this right in practice
    through periodic, free, and fair elections based on universal suffrage.

        Elections and Political Participation.--The constitution provides
    for a ``rotating'' Union presidency in which each island takes a turn
    at holding a primary for presidential candidates every four years. In
    2006 the turn passed to Anjouan; all 12 presidential candidates had to
    be natives of Anjouan to run in the primary. From the 12 candidates,
    Anjouan voters selected three to run in the national election, which
    Ahmed Abdallah Mohamed Sambi won. This year the turn passed to Moheli.
    From the original 10 candidates (all natives of Moheli), Mohelian
    voters selected three to run in the national election, which was won by
    Ikililou Dhoinine. The constitution thus restricts, by island, those
    eligible to run for the presidency. But aside from the rotation
    principle, anyone is free to stand for election.
        Grande Comore and Moheli held first- and second-round island
    president (governor) elections in 2007; both elections were considered
    generally free and fair. Anjouan held its island president (governor)
    elections in 2008; these were also considered generally free and fair.
        In May 2009 voters approved a national referendum on modifications
    to the constitutional system. The changes affected the titles, powers,
    and terms of various office holders, including President Sambi, whose
    term of office was extended. The referendum took place without
    incident, but it was boycotted by opposition political parties who
    objected to the proposed changes. The referendum was approved by 94
    percent of voters, but turnout was only 52 percent.
        In December 2009 legislative elections were held for both the Union
    national assembly (parliament) and the three island assemblies. These
    elections were also considered generally free and fair.
        In November and December, elections were held to choose a new Union
    president as well as governors for each of the three islands. Although
    some observers noted serious irregularities on the island of Anjouan,
    these were not sufficient to change the outcome, and the final results
    of the elections were upheld by the Comoran Constitutional Court.
    Former vice president Ikililou Dhoinine will become the next president
    of the Union of the Comoros early in 2011.
        More than 20 political parties operated without restriction and
    openly criticized the Union government.
        There was one woman in the 33-member national assembly, but none in
    the cabinet. No minorities held national assembly seats or Union or
    island ministerial posts.
    Section 4. Official Corruption and Government 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 such as taking money for
    performing routine administrative services or doing favors with
    impunity. Resident diplomatic, UN, and humanitarian agency workers
    reported petty corruption was commonplace at all levels of the civil
    service, despite the Government's anticorruption campaign. Private
    sector operators reported corruption and a lack of transparency, and
    the World Bank's 2009 Worldwide Governance Indicators reflected that
    corruption was a serious issue.
        There was continued corruption in the police force. Citizens paid
    bribes to evade customs regulations, avoid arrest, and to have police
    reports falsified. Police personnel paid bribes to receive promotions.
        The Union Ministry of Justice is responsible for combating
    corruption; however, the Government did not prosecute or discipline
    officials charged with corruption.
        Officials were not subject to financial disclosure laws.
        There are no laws providing for public access to government
    information. Those who have personal or working relationships with
    government officials can generally access government information, but
    members of the general public cannot.
    Section 5. Governmental Attitude Regarding International and
            Nongovernmental Investigation of Alleged Violations of Human
            Rights
        One domestic and some international nongovernmental organizations
    (NGOs) generally operated without government restriction, investigating
    and publishing their findings on human rights cases. Government
    officials were generally cooperative and responsive to their views.
        The Government cooperated with international governmental
    organizations and permitted visits by UN representatives and other
    organizations. No outside visits were made during the year, but
    domestic human rights organizations met regularly with locally based UN
    personnel. No reports or criticisms were issued.
    Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
        The law prohibits discrimination based on race, gender, disability,
    language, or social status; however, there was discrimination against
    women.

        Women.--Rape is illegal, punishable by imprisonment of five to 10
    years or up to 15 years if the victim is younger than 15 years of age.
    However the Government did not enforce the laws on rape effectively.
    The law does not specifically address spousal rape, which does occur.
    Statistics are scarce since many of these situations are settled within
    families or by village elders without recourse to the formal court
    system. Although reliable statistics were not available, authorities
    believe the problem is widespread and overall sexual violence is a
    problem. For example, more than half of the inmates in Moroni's prison
    are held for crimes of sexual aggression.
        The law prohibits domestic violence. Although there was no reliable
    data available on the extent of the problem, the Government did not
    take any concrete action to combat violence against women. While women
    can seek protection through the courts in such cases, extended family
    or village elders customarily addressed such problems. Domestic
    violence cases rarely, if ever, enter the formal court system.
        Sexual harassment is illegal and punishable by up to 10 years'
    imprisonment. Although rarely reported due to societal pressure, such
    harassment was nevertheless a common problem, and the Government did
    not effectively enforce penalties against it.
        Couples and individuals are generally free to choose the number and
    spacing of their children. Contraceptive use for modern methods of
    contraception among married women between the ages of 15 and 49 was
    approximately 19 percent, according to the UN Population Fund (UNFPA).
    Existing health resources (including personnel, facilities, equipment,
    and drugs) are inadequate, making it difficult for the Government to
    respond to the health needs of the population. According to the
    Population Reference Bureau, approximately 62 percent of births were
    attended by skilled personnel. UNFPA estimated the maternal mortality
    ratio (the ratio of the number of maternal deaths per 100,000 live
    births) to be 340 for 2008. There is a general lack of adolescent
    reproductive health information and services, leading to unwanted
    pregnancies and increased morbidity and mortality among adolescent
    girls. There are no legal barriers preventing women from receiving
    treatment for sexually transmitted infections, including HIV, but many
    hesitate to do so for social and cultural reasons. The country recently
    developed a national strategy for reproductive health but requires
    additional funding to implement it.
        The law provides for equality of persons, and in general
    inheritance and property rights practices do not discriminate against
    women. Men retained the dominant role in society, although the
    matriarchal tradition afforded women some rights, especially in
    landholding. Land and homes are usually awarded to women in case of
    divorce or separation. Societal discrimination against women was most
    apparent in rural areas where women were mostly limited to farming and
    child-rearing duties, with fewer opportunities for education and wage
    employment. In urban areas, growing numbers of women were employed and
    generally earned wages comparable to those of men engaged in similar
    work; however, few women held positions of responsibility in business.
    The law does not require women to wear head coverings, but many women
    face societal pressure to do so. The Ministry of Health, Solidarity,
    and Gender Promotion is responsible for promoting women's rights.

        Children.--Any child having at least one Comoran parent is
    considered a citizen, regardless of where the birth takes place. Any
    child born in the country is considered a citizen unless both parents
    are foreigners, although these children can apply for citizenship if
    they have lived in the country for at least five years at the time of
    their application. It is estimated approximately 15 percent of children
    are not officially registered at birth, although many of these
    situations are regularized subsequently. No public services are
    withheld from children who are not officially registered.
        The Government did not take specific action to protect or promote
    children's welfare and did not enforce legal provisions that address
    the rights and welfare of children.
        Education is compulsory until the age of 12, but it is not free.
    Teacher strikes over nonpayment of salaries interrupted school several
    times during the year. Due to social and cultural factors, boys
    generally were more likely to attend schools than girls.
        Although there are no official statistics on child abuse, it was
    common and often occurred when impoverished families sent their
    children to work for wealthier families. There were also scattered
    reports that teachers raped students; these were generally handled
    through traditional societal networks rather than formal enforcement
    investigations.
        Child prostitution and child pornography are illegal. The law
    considers unmarried children under the age of 18 to be minors, and they
    are protected legally from sexual exploitation, prostitution, and
    pornography. There were no statistics regarding these matters, but the
    Government did not consider them serious problems. The age of consent
    is 13-years-old. Child prostitution is punishable by a prison term of
    from two to five years and a fine of between 150,000 and 2,000,000
    Comoran francs ($417 and $5,556) for anyone convicted of luring a child
    into prostitution.
        The country is not a party to the 1980 Hague Convention on the
    Civil Aspects of International Child Abduction. For information on
    international parental child abduction, please see the Department of
    State's annual report on compliance at http://travel.state.gov/
    abduction/resources/congressreport/congressreport--4308.html.

        Anti-Semitism.--There was no known Jewish population, and there
    were no reports of anti-Semitic acts.

        Trafficking in Persons.--In 2009 there were no confirmed reports
    that persons were trafficked to, from, or within Comoros.

        Persons With Disabilities.--The constitution and laws do not
    prohibit discrimination in employment and public services or mandate
    access to buildings, information, and communication for persons with
    disabilities.
        Handicap Comoros, the country's center for persons with
    disabilities on Grande Comore, was run by a local NGO called Chiwe, or
    ``pillar.'' The center imported wheelchairs and prostheses.
        There is no restriction on the right of persons with disabilities
    to participate in civic affairs.

        Societal Abuses, Discrimination, and Acts of Violence Based on
    Sexual Orientation and Gender Identity.--Homosexual acts are illegal.
    They can be punished by up to five years' imprisonment and a fine of
    50,000 to 1,000,000 Comoran francs ($139 to $2,778). However, no case
    of this nature has come before the courts. No public debate on the
    issue has been held, and persons engaging in homosexual activity did
    not publicly discuss their sexual orientation due to societal pressure.
    There are no lesbian, gay, bisexual, and transgender organizations in
    the country.

        Other Societal Violence or Discrimination.--There were no reports
    of societal violence or discrimination against persons with HIV/AIDS.
    Section 7. Worker Rights

        a. The Right of Association.--The law allows workers to form and
    join independent unions of their choice without previous authorization
    or excessive requirements, and many of those in the wage labor force
    did so in practice. Teachers and other civil servants, taxi drivers,
    and dockworkers were unionized. The law allows unions to conduct their
    activities without government interference and provides for the right
    to strike, and workers exercised this right in practice.
        There are no laws protecting strikers from retribution, but there
    were no reported instances of retribution.
        The labor code, which was rarely enforced, does not include a
    system for resolving labor disputes. Common problems included failure
    to pay salaries regularly or on time, mostly in the Government sector,
    and unfair and abusive dismissal practices such as firing employees
    without giving proper notice or paying the required severance pay.

        b. The Right to Organize and Bargain Collectively.--Unions have the
    right to bargain collectively, although employers set wages in the
    small private sector, and the Government, especially the Ministries of
    Finance and Labor, set them in the larger public sector. There are no
    legal restrictions on collective bargaining such as exclusion of issues
    or minimum participation requirements.
        The law does not prohibit antiunion discrimination by employers in
    hiring practices or other employment functions; however, there were no
    examples of antiunion discrimination during the year. No workers
    suffered retribution because of union activity.
        There are no export processing zones.

        c. Prohibition of Forced or Compulsory Labor.--The law prohibits
    forced or compulsory labor by adults with certain exceptions for
    obligatory military service, community service, and during accidents,
    fires, and disasters. The Union's civil protection unit may oblige
    persons to respond to disasters if it is unable to obtain sufficient
    voluntary assistance; however, this has never occurred. There are no
    specific prohibitions against forced or compulsory child labor, and it
    occurred in agriculture (planting, weeding, harvesting); fishing;
    informal retail (selling goods on the street); and domestic service.

        d. Prohibition of Child Labor and Minimum Age for Employment.--Laws
    exist to protect children from exploitation in the workplace, but the
    Government did not enforce such laws. There were no laws to prohibit
    forced or compulsory child labor, and there were reports that such
    practices occurred. The law establishes 15-years of age as the minimum
    age for employment. Children worked in subsistence farming, fishing, in
    the informal sector selling goods along roadsides, and extracting and
    selling marine sand. Children also worked on food crops such as manioc
    and beans, but also on cash crops such as vanilla, cloves, and ylang-
    ylang (a flower used to make perfume). Some children worked under
    forced labor conditions, particularly in domestic service, roadside and
    market selling, and agriculture. In addition some Qur'anic schools
    arranged for poor students to receive lessons in exchange for labor,
    which sometimes was forced. Some families placed their children in the
    homes of wealthier families where they worked in exchange for food,
    shelter, or educational opportunities. Many children were not paid for
    their work. The Ministry of Labor is responsible for enforcing child
    labor laws, but it did not actively or effectively do so. There was
    only one labor inspector for each of the three islands for a total of
    three labor inspectors. These inspectors were responsible for all
    potential violations of labor law and did not focus just on child labor
    cases. The Government took no action to prevent exploitative child
    labor or to remove children from such labor.

        e. Acceptable Conditions of Work.--A 2003 ministerial decree set
    the minimum wage at 30,000 Comoran francs per month ($83). The national
    minimum wage did not provide a decent standard of living for a worker
    and family. Although the Union government and local governments did not
    enforce a minimum wage, unions had adequate influence to negotiate
    effective minimum wage rates for different skill levels for unionized
    jobs. These provisions applied to all workers, regardless of sector or
    country of origin. In practice unions promoted this minimum wage via
    their ability to strike against employers. Despite strikes and other
    protests, the Union government was unable to pay government employees,
    including low-level officials, teachers, and medical workers, for
    several months due to budgetary difficulties.
        The law specifies a workweek of 37.5 hours, one day off per week,
    and one month of paid vacation per year. According to the law, workers
    receive time and a half for overtime. These laws, like many others,
    were not effectively enforced by the Government. There was no
    prohibition on excessive compulsory overtime; however, electricity
    shortages prevented overtime work in most businesses. Employers,
    particularly the Government, often were remiss in paying salaries.
        No safety or health standards had been established for work sites.
    Workers generally could not remove themselves from an unsafe or
    unhealthful situation without risking loss of employment.

                                   __________

                        DEMOCRATIC REPUBLIC OF THE CONGO

        The Democratic Republic of the Congo (DRC) is a nominally
    centralized republic with a population of approximately 68 million. The
    president and the lower house of parliament (National Assembly) are
    popularly elected; the members of the upper house (the Senate) are
    chosen by provincial assemblies. Multiparty presidential and National
    Assembly elections in 2006 were judged to be credible, despite some
    irregularities, while indirect elections for senators in 2007 were
    marred by allegations of vote buying. There were many instances in
    which state security forces acted independently of civilian control and
    of military command.
        In all areas of the country, state security forces continued to act
    with impunity throughout the year, committing many serious abuses,
    including unlawful killings, disappearances, torture, rape and engaging
    in arbitrary arrests and detention. Severe and life-threatening
    conditions in prison and detention facilities, prolonged pretrial
    detention, lack of an independent and effective judiciary, and
    arbitrary interference with privacy, family, and home also remained
    serious problems. Members of the state security forces continued to
    abuse and threaten journalists, contributing to a decline in press
    freedom. Internally displaced persons remained a major problem, and the
    integration of ex-combatants and members of rebel and militia groups
    (RMGs) into state security forces and governance institutions was slow
    and uneven. Government corruption remained pervasive, and some
    corporations purchased minerals from suppliers who financed mining
    activities by armed entities that committed serious human rights
    abuses. Elements of the state security forces were charged in the death
    of one of the country's leading human rights defenders and at times
    beat or threatened local human rights advocates and obstructed or
    threatened UN human rights investigators. State security forces
    retained and recruited child soldiers and compelled forced labor by
    civilians. Societal discrimination against women and ethnic minorities,
    trafficking in persons, child labor, and lack of protection of workers'
    rights continued to be widespread throughout the country. Enslavement
    of and discrimination against Pygmies occurred.
        Internal conflicts, mainly in the east, continued to significantly
    affect the human rights situation and challenged the Government's
    limited ability to effectively control its territory, which was
    particularly the case in North and South Kivu provinces. The conflicts
    permitted armed entities to commit violent abuses against civilians,
    with little chancethat the Government would be able to hold the
    perpetrators accountable. These entities included RMGs, such as the
    Democratic Forces for the Liberation of Rwanda (FDLR) and the Mai-Mai
    (community-based self-defense groups), as well as dissident elements of
    the state armed forces, including former members of the National
    Congress for the Defense of the People (CNDP) and some ``regular''
    units of the Armed Forces of the DRC(FARDC). During the year RMGs
    continued to commit numerous, serious abuses--some of which may have
    constituted war crimes--including unlawful killings, disappearances,
    and torture. RMGs also recruited and retained child soldiers, compelled
    forced labor, and committed widespread crimes of sexual violence. The
    situation was complicated the incomplete implementation of the March
    2009 peace agreements involving the Government and several RMGs that
    operated in North and South Kivu. In October the UN Office of the High
    Commissioner for Human Rights (UNOHCHR) detailed allegations of serious
    abuses, including potential war crimes and crimes against humanity,
    committed in the country by foreign militaries and other armed entities
    between 1993 and 2003 (see sections 1.e. and 5). In the eastern
    provinces of North and South Kivu, the illegal exploitation of natural
    resources continued to contribute to conflict. Many armed entities in
    the east, including some FARDC units, engaged in the illegal
    exploitation and trade of natural resources. Some RMGs, have cooperated
    with criminal networks within the FARDC that have militarized the
    mineral trade and continued to compete for control over mineral-rich
    areas. In September, President Joseph Kabila imposed an indefinite
    suspension of all mining activity in North and South Kivu and Maniema
    provinces, which remained in effect at year's end. A separate conflict
    involving the Lord's Resistance Army (LRA) in the Haut Uele and Bas
    Uele districts of Orientale Province in the northeast continued to have
    an extremely negative effect on human rights during the year, resulting
    in deaths, injuries, abductions, forced labor, looting, and general
    insecurity. Interethnic conflict in Equateur Province resulted in
    numerous refugees and internally-displaced persons (IDPs). While the
    security situation in Equateur stabilized during the year, the IDPs did
    not return.
                            respect for human rights
    Section 1. Respect for the Integrity of the Person, Including Freedom
            From:

        a. Arbitrary or Unlawful Deprivation of Life.--There were reports
    that the Government or its agents committed politically motivated
    killings. For example, during the year members of police allegedly
    killed a leading human rights activist and disappeared his colleague
    (see section 5).
        In addition, during the year dissident elements of the FARDC, which
    were comprised of ex-CNDP members poorly integrated into the FARDC and
    led by General Bosco Ntaganda, were allegedly implicated in at least
    eight politically motivated killings, as well as the arbitrary arrest
    and temporary detention of seven other individuals, and the abduction
    and disappearance of another. The killings and other acts targeted
    members loyal to the previous CNDP commander, Laurent Nkunda, whom
    Ntaganda had replaced as the leader of the CNDP in January 2009, when
    the Rwandan government arrested and detained Nkunda in Rwanda. The
    ouster of Nkunda divided the CNDP movement to some extent between
    Nkunda and Ntaganda supporters. The killings allegedly were an attempt
    by Ntaganda to assert his authority over the group and quell any
    division.
        According to Human Rights Watch (HRW), one of the targeted killings
    occurred on September 14, and it resulted in the shooting death of
    Lieutenant Colonel Antoine Balibuno, an Nkunda supporter, immediately
    following a nighttime meeting at a bar in Goma with Lieutenant Colonel
    Kabakule Kennedy and Lieutenant Colonel John Asiki, both of whom were
    known supporters of Ntaganda. Balibuno had reportedly told HRW and
    others in the preceding months that Ntaganda had repeatedly threatened
    him for refusing to support Ntaganda's leadership of the CNDP. Another
    killing documented by HRW allegedly took place in Gisenyi, Rwanda on
    June 20. A group of men including one of Ntaganda's body guards and,
    according to witnesses, Rwandan security agents entered the home of
    Denis Ntare Semadwinga, an Nkunda supporter. Semadwinga was stabbed
    repeatedly and his throat was slit. According to reports received by
    HRW, Semadwinga may have been in contact with General Kayumba Nyamwasa,
    an opponent of the Rwandan president who reportedly escaped a murder
    attempt in South Africa during the year. HRW, which called on the
    Government to arrest Ntaganda, also reported that in the cases of
    arbitrary arrest and detention, Ntaganda had dictated what the charges
    should be and instructed judicial officials not to follow due process.
    Ntaganda, Kennedy, and Asiki remained free at year's end.
        There were reports of state security forces engaged in summary
    executions, extrajudicial killings, rape and other abuses of civilians
    in the east and in other parts of the country during clashes with RMGs
    (see section 1.g.).
        There were several occasions during the year when members of state
    security forces arbitrarily and summarily killed civilians, sometimes
    during apprehension or while holding them in custody, sometimes during
    protests, and often for failing to surrender their possessions, submit
    to rape, or perform personal services. In the cases below, which are
    not an exhaustive list of such killings during the year, authorities
    did not investigate or prosecute any of the perpetrators.
        In April soldiers allegedly killed a journalist (see section 2.a.).
        On May 5, agents of the military intelligence agency DEMIAP fired
    into a crowd of demonstrators in Kinshasa, killing one and injuring
    several. A day prior to the shooting, state security forces had
    arrested several members of the Church of Jesus Christ our Lord in
    Kinshasa at Kinshasa's airport for ``security reasons.'' Those arrested
    were released after three and a half months in prison with no charges
    and no trial. No action was taken against the DEMIAP agents responsible
    for the shootings.
        On June 2, two FARDC soldiers robbed and shot two civilians in
    Kabaye, North Kivu, which resulted in the death of one of the victims.
    An intelligence officer of the First Operational Area refused to
    transfer suspects to a judge investigating the killing. No additional
    information was available at year's end.
        On September 29, the Republican Guard (GR) arrested and severely
    beat Armand Tungulu, a Congolese national for throwing a rock at the
    presidential motorcade in Kinshasa, according to witnesses. On October
    2, the prosecutor general reported that the detainee had apparently
    committed suicide while in the GR's custody at Tshatshi military camp
    during the night. He added that a medical examiner had been assigned to
    the case. According to media reports, despite requests from Tungulu's
    wife, officials had not given Tungulu's body to his family, despite the
    family's requests. There was no additional information by year's end.
        There were no reports of authorities taking action in the following
    cases of unlawful killings committed by state security forces in 2009:
        The fatal shooting of a man by a Congolese National Police (PNC)
    officer during a protest in January in Kolwezi, Katanga;
        The fatal beating of a Tanzanian man in January by two Directorate
    General of Migration (DGM) agents and two PNC officers in Lubumbashi,
    Katanga, following his arrest for alleged document fraud;
        The death of a woman in Njingala, North Kivu, from injuries she
    sustained in April during a gang rape by 10 FARDC soldiers who invaded
    her home;
        The death by torture of a man by FARDC intelligence officers in
    April in Kamandi Lac, North Kivu; orthe fatal beating of a detained
    woman in her prison cell by PNC officers in June in Bena Mpiana, Kasai
    Oriental.
        Authorities took no further action on the 2008 killing of a
    civilian in Bulukutu, Equateur, by a PNC officer, or the 2008 killing
    of an artisanal miner in Katanga by a police officer attached to the
    Provincial Mining Office in Kalukalanga. There was also no additional
    information regarding the arbitrary arrest and illegal three-month
    detention of a man, who later died from mistreatment, by the commander
    of the Karawa Police Station in Equateur in 2008.
        Authorities in Bas-Congo Province, in the west, took no action
    regarding the deaths of at least 205 members of the Bundu Dia Kongo
    (BDK), a political-religious group seeking greater provincial autonomy,
    during demonstrations in 2008 and 2007. Investigative reports by the UN
    Joint Human Rights Office (UNJHRO) in 2008 concluded that police used
    excessive force in both incidents and that in 2008 police committed
    arbitrary executions and raped local residents. Although the
    Government, rejecting these conclusions, committed in 2008 to conduct
    its own investigation, Philip Alston, the UN special rapporteur on
    extrajudicial, summary, or arbitrary executions (UNSRESAE), found that
    authorities--including then head of the PNC John Numbi--had not held to
    account any of the PNC members responsible for the killings. During
    UNSRESAE Alston's visit, the governor ordered the mayor of Kisantu to
    prevent him from interviewing witnesses or holding any meetings.
        There were no developments in the 2008 case of a FARDC soldier who
    shot and killed a civilian in Mahagi Port, Orientale.
        Authorities took no action against those responsible for summarily
    executing and otherwise killing approximately 300 persons in 2007
    during armed confrontations in Kinshasa between forces loyal to
    President Kabila and rival forces loyal to former vice president Jean-
    Pierre Bemba.
        Attempts to investigate a 2004 massacre in Kilwa, Katanga Province,
    which was allegedly committed by FARDC soldiers with logistical help
    from a mining company, continued to meet with problems following
    Katanga government officials' decision in 2008 to prevent a local
    nongovernmental organization (NGO), as well as the victims' foreign
    attorneys, from visiting Kilwa. As a result, during the year survivors
    and relatives of the 73 victims of the massacre filed a class action
    lawsuit in Quebec against the Canadian company Anvil Mining, which
    responded to the lawsuit by saying there had been numerous
    investigations and court proceedings but ``no findings adverse to Anvil
    or any of its employees have arisen.'' There were no further legal
    developments regarding the 2007 acquittal by a military court of
    several FARDC soldiers and three Anvil Mining employees accused of
    involvement in the Kilwa massacre. In 2008 the Lubumbashi Military
    Court of Appeal rejected legal motions by victims' relatives
    challenging the acquittals.
        There were no reported developments regarding any of the other
    alleged killings by authorities in 2007 that were previously reported.
        During the year a UN human rights mapping report detailed killings
    by foreign militaries between 1993 and 2003 (see section 1.g.).
        RMGs in conflict zones committed unlawful killings during the year,
    and there were reports that some corporations facilitated such killings
    and other abuses by sourcing minerals from areas controlled by armed
    entities, including FARDC units (see section 1.g.).

        b. Disappearance.--There were reports of disappearances caused by
    government forces. Authorities often refused to acknowledge the
    detention of suspects, and in some cases they detained suspects in
    secret detention facilities.
        For example, in August FARDC soldiers kidnapped a civil society
    leader and did not disclose his whereabouts while illegally detaining
    him in an underground jail (see section 1.c.).
        According to a report released in April 2009 by the African
    Association for the Defense of Human Rights (ASADHO), state security
    forces continued to use forced disappearances to repress individuals.
    ASADHO noted the disappearance of 16 persons, including students,
    police officers, and soldiers, following their initial arrest earlier
    in 2009. Their whereabouts remained unknown at year's end.
        In February 2009 the UN Working Group on Enforced or Involuntary
    Disappearances (UNWGEID) reported to the UN Human Rights Council
    (UNHRC) that, as of 2008, there were 43 unsettled cases of forced or
    involuntary disappearance that had been reported to the UNWGEID,
    although none of them originated during the year. Underlining that an
    enforced disappearance was ``a continuing offense for as long as the
    fate or whereabouts of the victim remains unclarified,'' the UNWGEID
    stated that, as in 2008, the Government did not respond to UN inquiries
    about the cases. There were no reports of government efforts to
    investigate disappearances and abductions, including those in which
    security force members were accused of involvement.
        There was no information about the whereabouts of three lawyers in
    Kinshasa, who were abducted by three armed men in 2007 and allegedly
    detained by the National Intelligence Agency (ANR).
        RMGs and FARDC units kidnapped numerous persons, generally for
    forced labor, military service, or sexual services, and there were
    reports that some corporations facilitated such killings and other
    abuses by sourcing minerals from areas controlled by these armed
    entities. Many of the victims disappeared (see section 1.g.).

        c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
    Punishment.--At the beginning of the year, the law did not specifically
    criminalize torture; however, during the parliamentary session between
    March and June lawmakers adopted a law criminalizing torture. Despite
    this reform, the Government did not effectively enforce the law, and
    during the year there were many credible reports by informed sources
    that security services tortured civilians, particularly detainees and
    prisoners, and employed other types of cruel, inhuman, and degrading
    punishment. Most cases of torture were perpetrated by members of the
    police, the ANR, and the FARDC, according to credible sources. There
    were very few reports of government authorities taking action against
    members of state security forces responsible for these acts.
        For example, on August 24, FARDC units comprised of ex-CNDP members
    kidnapped Sylvestre Bwira, president of the civil society in Masisi,
    North Kivu, and held and severely beat him in an underground prison for
    six days. The abuses occurred after he had sent an open letter to
    President Kabila on August 2, denouncing abuses committed with impunity
    by General Ntaganda's troops and the parallel CNDP administration in
    Masisi Territory. Authorities had taken no action by year's end.
        The UNJHRO reported several cases of torture and cruel, inhuman,
    and degrading treatment. For example, on August 21, FARDC soldiers
    arrested five persons, including two minors, suspected of involvement
    in an attack on a MONUSCO peacekeeping base in Kirumba, in the Lubero
    Territory in North Kivu, which killed three peacekeepers. During their
    detention at the headquarters of the 12th FARDC Sector in Kasando,
    Lubero Territory, soldier's allegedly tortured them, giving them
    between 40 and 120 lashes each and burning and mutilating their feet
    and hands to obtain confessions. The five were transferred on August 22
    to the Goma military court. There were no reports that authorities had
    investigated or disciplined the accused FARDC soldiers, and no
    additional information was available.
        There were no reports of authorities taking action in the following
    cases of severe beatings of suspects by state security forces in 2009
    and 2008:
        The severe beating of a suspected thief who was subsequently denied
    food and water for two days by ANR agents in January 2009, in Kabimba,
    Katanga;
        The severe beating and stabbing of two women in February 2009 by
    several FARDC soldiers from the Second Integrated Brigade in Butembo,
    North Kivu, during a break-in at the women's home;
        The severe beating, extortion, and other forms of mistreatment of a
    man in February 2009 by five PNC officers in Kaleba, Katanga, under a
    PNC commander who allegedly routinely ordered the torture of civilians
    to extort money;
        The all-night beating of two civilians suspended from a tree by
    three GR soldiers named Vandome, Jean-Paul, and Mapendo in May 2009 in
    Kahungula, Bandundu;
        The beating and robbery of a civilian by two FARDC soldiers in
    Kalemie, Katanga, in 2008;the severe beating of a man by five FARDC
    soldiers in Mbuji-Mayi, Kasai Oriental in 2008 for resisting their
    efforts to steal his motorbike;
        The cruel, inhuman, and degrading treatment of a civilian in 2008
    by seven PNC officers in Bena-Leka, Kasai Occidental, under the command
    of Tshipamba Nzolo; or
        The torture of a police officer by offers of the police's Mobile
    Intervention Group (GMI) in Mbuji-Mayi, Kasai Oriental, in 2008.
        Authorities took no action against members of state security forces
    who tortured a judicial investigator in Orientale Province (see section
    1.d.) in 2007.
        On several occasions during the year, police beat and arrested
    journalists who wrote or broadcast material they did not like (see
    section 2.a.).
        There were continuing reports, including many from the UNJHRO, of
    rape of civilians by members of the state security forces, both in the
    context of the conflict in the east (see section 1.g.) and elsewhere.
    For example, in Kasai Occidental, on March 13, four policemen from
    Kampungu police station in Mweka Territory allegedly arrested the
    daughter of a man they sought and then raped her throughout the night
    while she was detained. No additional information was available.
        During the year a police commander raped a 15-year-old girl (see
    prison and detention center conditions in section 1.c.).
        No additional information was available regarding the investigation
    that a public prosecutor ordered in 2009 into the rape of a 13-year-old
    girl in March 2009 by the head of the office of the Ministry of Urban
    Planning and Housing in Bulungu, Bandundu.
        At year's end no additional information was available on a FARDC
    soldier in Rwindi, North Kivu, whom military authorities arrested and
    detained after he allegedly raped a three-year-old girl in 2008.
        There were no reports of authorities taking further action
    regarding the abduction and repeated rape over a four-day period of a
    14-year-old girl by a FARDC lieutenant in Gemena, Equateur, who had
    been arrested and then released; or the rape of 13 women and six girls
    in Ngele, Equateur, and the cruel, inhumane, and degrading treatment of
    the village's male residents by police officers.
        RMGs committed sexual violence and other types of abuses against
    civilians during the year, and some corporations facilitated sexual
    violence against civilians by supporting--through the illicit trade in
    mineral resources--armed entities, including some FARDC units (see
    section 1.g.).
        Some church leaders beat, whipped, and starved children accused of
    witchcraft (see section 6).

        Prison and Detention Center Conditions.--Conditions in most prisons
    remained severe and life-threatening. During the year UN Secretary-
    General Ban Ki-moon reported to the UN Security Council that the prison
    system merited urgent reform, as it continued to be characterized by
    ``catastrophic conditions of detention,'' including severe overcrowding
    and lack of medical facilities, and that in several instances,
    detainees died from starvation, as no budget had been allocated to
    cover operational costs, including food and other basic needs. The
    penal system was underfunded, and most prisons were overcrowded, poorly
    maintained, and lacked sanitation facilities. In all prisons except the
    Kinshasa Penitentiary and Reeducation Center (CPRK), the Government had
    not provided food for years. Prisoners' friends and families provided
    the only available food and necessities. Malnutrition was widespread,
    and some prisoners starved to death. Prison staff often forced family
    members of prisoners to pay bribes for the right to bring food to
    prisoners.
        The country's justice minister called the prisons ``death houses''
    in a plea to the international community for immediate assistance.
    According to ASADHO's April 2009 report Rule of Law Put to the Test,
    medical equipment and medicines were absent in virtually all the
    prisons and detention centers. In 2009 the UN secretary-general
    reported that prison populations exceeded capacity by 600 percent and
    expressed concern about lack of food and health care, outdated prison
    laws and regulations, and severe shortcomings in infrastructure and
    training for prison guards.
        While evaluating the country's prison system in July 2009, Dimitri
    Titov, the UN assistant secretary for the rule of law and security
    institutions in the Department of Peacekeeping Operations, visited the
    prison in Goma, North Kivu, where he found a prison facility built for
    150 prisoners housing 850, 650 of whom had not been tried yet. There
    was no separation of men, women, and children or of civilian and
    military detainees, which Titov called unacceptable. Titov said
    overcrowding was so great in the dilapidated prison that inmates slept
    in hallways and next to septic tanks, facilitating the spread of
    disease in what he called inhumane conditions. Noting that he had
    toured numerous prisons in post-conflict African countries, he deemed
    the prison in Goma ``the most terrible I've ever seen.'' Titov also
    visited the prison in Bunia, Orientale, where he found the prison
    population exceeded the facility's capacity by 250 percent. While
    underlining efforts by donor countries to improve prison conditions in
    the country, he urged the Government to match those efforts.
        Temporary holding cells in some prisons were extremely small. Many
    had no windows, lights, electricity, running water, or toilet
    facilities; access to potable water or temperature-regulated cells was
    nonexistent.
        Violence, particularly sexual violence, continued to be a serious
    problem in prisons, along with life-threatening diseases such as HIV/
    AIDS. Male prisoners raped other prisoners, including men, women, and
    children. Citing the prison rape cases that it had registered during
    the year, ASADHO reported in June 2009 that ``women are frequently
    raped'' and that prison rapes ``are sometimes organized in cahoots with
    prison authorities.'' ASADHO also noted that men, especially new
    inmates, were sodomized by prison gangs. In June 2009, during an
    attempted prison escape and subsequent riot at the Central Prison in
    Goma, North Kivu, 24 military detainees raped 23 female prisoners. PNC
    officers shot and killed one perpetrator.
        Deaths of detainees were common due to deplorable living
    conditions, malnutrition, and lack of medical care. For example, on
    February 12, 191 persons were detained in a 36-by-23-foot cell in
    Tshikapa's prison, Kasai Occidental Province, without ventilation
    resulting in the death of three detainees due to suffocation. Also in
    February the UNJHRO documented seven cases of death in detention
    throughout the country, mainly due to bad detention conditions. Over a
    two-week period in July, three inmates died from starvation in Bulungu
    Prison, in Bandundu Province. On June 26, a detainee died in Idiofa
    prison in Bandundu, after failing to pay for the medical care he
    needed, even though health care is a state obligation in the country.
    On June 8 and 11, two detainees of Kalemie central prison in Maniema
    Province died from diseases a few days after their admission to the
    General Hospital of Kalemie.
        In July 2009 the UNJHRO reported that prisoners were dying in Bunia
    prison, including from malnutrition and tuberculosis. Local NGO Me
    Lonjiringa reported in July 2009 that the physical and hygienic
    conditions of Bunia prison were so bad that being detained there was
    ``a death sentence.'' UN High Commissioner for Human Rights Navi Pillay
    reported that between March 2008 and March 2009, at least 65 prisoners
    died in prisons. Pillay concluded that confinement in a Congolese
    prison in itself often amounted to cruel, inhumane, or degrading
    treatment.
        Health care and medical attention remained inadequate, and
    infectious diseases rampant. In rare cases prison doctors provided
    care; however, they often lacked medicines and supplies. According to a
    nurse at the Bunia Central prison, in 2009 many prisoners were in
    desperate need of a transfer to the hospital for medical care but were
    often denied.
        Numerous prisoners attempted to escape, sometimes to avoid what
    they viewed as certain death from starvation, according to the UNJHRO.
    In June 140 inmates escaped various prisons across the country, and
    only 23 of them were recaptured, according to the UNJHRO. According to
    media reports, in Gemena prison, in Equateur, where a growing backlog
    of pretrial detention cases continued to outgrow the capacity of the
    prison and the lone prosecutor who served the area, almost 200 pretrial
    inmates rioted and escaped on November 16 due to lack of food; only a
    handful were reportedly recaptured.
        Guards were few and often unpaid, and some lived in the prisons for
    lack of homes. According to the UN secretary-general, approximately 95
    per cent of the personnel working in the correctional facilities were
    not civil servants but rather self-appointed and lacked formal training
    for the responsibilities of their positions. There was no training
    institution for prison personnel, including wardens. Lack of authority
    and surveillance resulted in detainee death and abuse. For example, the
    UNJHRO reported that on January 31, an inmate in Bukavu's central
    prison was tied up and beaten to death by six co-detainees.
        Installations remained rudimentary, contributing to high rates of
    escape across the prison system. According to a March 2009 report by
    seven UN special rapporteurs and representatives, ``The disastrous
    state of the prison system, perhaps the weakest link in the justice
    chain, facilitates escapes of suspects and convicts, including high
    profile offenders who sometimes 'escape' with the connivance of the
    authorities. For this reason, but also in light of the generally
    appalling prison conditions.penitentiary reform is an absolute
    necessity.'' The group recommended that the Government and its
    technical assistance partners make it a priority to implement the new
    Strategic Plan on Prison Reform and Training, developed by the Ministry
    of Justice and the UN peacekeeping mission MONUC, whose name was
    changed to MONUSCO in May.
        Larger prisons sometimes had separate facilities for women and
    juveniles, but others generally did not. Prison officials held pretrial
    detainees together with convicted prisoners and treated both groups the
    same. They generally held individuals detained on state security
    grounds in special sections. Government security services often
    clandestinely transferred such prisoners to secret prisons. Civilian
    and military prisons and detention facilities held both soldiers and
    civilians, since none of the military's prisons were operational,
    according to a March report by the UN secretary-general.
        According to ASADHO, sleeping arrangements in prisons and detention
    centers were hierarchical and corrupt. Due to overcrowding, the best
    sleeping spots went to those who were able to pay. Those at the bottom
    of the hierarchy had to sleep on cement floors or outside in the
    courtyards.
        According to MONUSCO, in 2009 fewer than 90 of the country's 230
    prisons actually held prisoners; while there were no reports of the
    Government officially closing prisons during the year, dozens of
    prisons that had not functioned for years remained closed. Most prisons
    were dilapidated or seriously neglected.
        Prisoners routinely escaped from prisons in all provinces. In some
    cases, security personnel who were detained or convicted of serious
    crimes were released from prison by military associates or by bribing
    unpaid guards.
        Even harsher conditions prevailed in small detention centers, which
    were extremely overcrowded; had no toilets, mattresses, or medical
    care; and provided detainees with insufficient amounts of light, air,
    and water. Originally intended to house short-term detainees, they were
    often used for lengthy incarceration. They generally operated without
    dedicated funding and with minimal regulation or oversight. Informed
    sources stated that detention center authorities often arbitrarily beat
    or tortured detainees. Guards frequently extorted bribes from family
    members and NGOs for permission to visit detainees or provide food and
    other necessities.
        Despite President Kabila's 2006 decision to close illegal jails
    operated by the military or other state security forces, there were no
    reports of such closures during the year. According to MONUSCO, the
    security services, particularly the intelligence services and the GR,
    continued to operate numerous illegal detention facilities
    characterized by harsh and life-threatening conditions. Authorities
    routinely denied family members, friends, and lawyers access to these
    illegal facilities.
        Authorities took no action against ANR agents who tortured six
    inmates in 2008 in Musenze Central Prison in Goma, North Kivu.
        The law provides that minors may be detained only as a last resort;
    however, in part due to the absence of juvenile justice or education
    centers, authorities commonly detained minors. Many children endured
    pretrial detention without seeing a judge, lawyer, or social worker;
    for orphaned children, pretrial detention often continued for months or
    years. In February 2009 the UN Committee on the Rights of the Child
    (UNCRC) noted that the child protection code, promulgated in January
    2009, provides for juvenile courts to become operational by 2011.
    However, the UNCRC expressed concern over the way in which the justice
    system continued to handle juveniles and the lack of a juvenile justice
    system. According to the UNJHRO, during the night of May 8, a 15-year-
    old girl who had been raped was illegally detained in a PNC cell with
    the alleged perpetrator and subsequently raped by the police commander
    in charge of the investigation. There were no reports of authorities
    taking any action against the commander.
        Authorities denied some prisoners and detainees access to visitors
    and did not permit them to have contact with or submit complaints to
    judicial authorities (see section 1.d.). The Government had not
    established an effective or reliable system to monitor detention
    facilities, and authorities very rarely investigated allegations of
    inhumane prison or detention center conditions. There were no
    government ombudsmen serving to protect the rights of prisoners and
    detainees. There were no reports of authorities preventing prisoners or
    detainees from practicing their religion.
        In general the Government allowed the International Committee of
    the Red Cross, MONUSCO, and some NGOs access to all official detention
    facilities; however, it did not allow these organizations access to
    illegal government-run detention facilities, including those run by the
    ANR, the GR, and units of the FARDC, including ex-CNDP FARDC units in
    Masisi territory, North Kivu.
        RMGs sometimes detained civilians, often for ransom, but little
    information was available concerning the conditions of detention (see
    section 1.g.).
        With MONUSCO's support, the reconstruction of the Ndolo military
    prison in Kinshasa was completed during the year, and plans to make the
    prison operational had been finalized by October. At the Goma Central
    Prison, construction of a structure designed to separate juveniles and
    women neared completion. However, according to the UN Secretary-
    General's report to the UN Security Council in October, despite those
    efforts, prison conditions throughout the country, particularly in
    conflict-affected areas, remained dire. Calling prison conditions one
    of the major human rights crises in the country, the UNJHRO opened a
    special office during the year to better address the problem and
    recommended that the Government create prison farms to ensure food
    supply for inmates and generate revenue to procure basic medicines.

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

        Role of the Police and Security Apparatus.--Among other elements,
    the state security forces consist of the PNC, which operates under the
    Ministry of Interior and has primary responsibility for law enforcement
    and public order. The PNC includes the Rapid Intervention Police and
    the Integrated Police Unit. The ANR, overseen by the president's
    national security advisor, is responsible for internal and external
    security. Other agencies include the military intelligence service of
    the Ministry of Defense; the DGM, responsible for border control; the
    GR, which reports directly to the presidency; and the FARDC, which is
    part of the Ministry of Defense and generally responsible for external
    security, but which also carries out an internal security role.
        State security forces generally remained undisciplined, corrupt,
    lacked training, were grossly underfunded, and received little pay (see
    section 4).
        There were mechanisms available to investigate abuses by state
    security forces and address internal discipline problems, although the
    mechanisms remained weak and ineffective, particularly for addressing
    misconduct by mid- and high-ranking officials. However, some progress
    was made during the year related to internal discipline of the PNC, as
    authorities charged eight PNC officers following the disappearance of
    human rights defender Fidele Bazana Edadi and the killing of his
    colleague, long-time activist Floribert Chebeya, who was last heard
    from just before entering PNC headquarters in Kinshasa after being
    summoned by the head of the national police, John Numbi. Nevertheless,
    several rule of law experts in the country and almost 80 local and
    international human rights NGOs have expressed serious concerns about
    the credibility and independence of the investigation and the trial
    (see section 5). Numbi, who was implicated by several reports in
    serious human rights abuses in recent years, was suspended from his
    position in June pending an investigation, but authorities did not
    charge him or put him on trial, and dozens of civil society members
    alleged that Numbi continued to perform official duties despite the
    official suspension.
        Created in 2007, the Inspection General d'Audit (IGA) is the
    internal discipline system within the PNC. As an internal oversight
    mechanism, it aims, among other things, to address police corruption
    and other types of police misconduct and human rights violations
    perpetrated by the police force. While the existence of the IGA was
    considered a positive legal step, at year's end it was not fully
    functioning, suffering from a lack of infrastructure, training, and
    awareness regarding its role and existence, especially at the
    provincial level.
        Members of the FARDC, police, and intelligence sectors continued to
    commit the majority of the country's human rights abuses. For example,
    on February 16, the deputy police commander of Sankuru, Kasai Oriental
    Province, and 20 PNC agents burned 89 homes and pillaged 47 others in
    retaliation for the killing of a policeman by the population. On
    February 16 and 18, they also pillaged two schools and broke 19 windows
    in the local hospital. Authorities arrested six policemen, including
    the deputy commander, and placed them under a temporary arrest warrant.
    On April 14, the trial began at the Lodja military tribunal, but one of
    the policemen escaped before the trial began. No additional information
    was available at year's end.
        The FARDC consisted of between 130,000 and 155,000 soldiers,
    including 60,000 who have reached or are close to retirement age.
    Approximately half of the force was deployed during the year in the
    conflict-affected east. The FARDC was ineffective, due in part to weak
    command and control, poor operational planning, low administrative and
    logistical capacity, and questionable loyalty on the part of some of
    its soldiers. Other serious obstacles to the formation of a coherent
    national army included lack of equipment and barracks.
        In addition, in October 2009 UN Special Representative of the
    Secretary-General Alan Doss reported to the UN Security Council that
    ``the fast-track integration of up to 20,000 elements of former armed
    groups, some with very bad human rights records, into the FARDC has
    aggravated existing problems of indiscipline and crimes committed
    against the population.''
        For example, in August a FARDC general ordered his soldiers to
    kidnap a FARDC colonel to force a military prosecutor to release
    another FARDC colonel, who had been arrested on charges of
    insubordination (see section 1.g.).
        During the year there were increases in crimes committed against
    civilians in areas of the east where the FARDC was present,
    particularly regarding Operation Amani Leo (see section 1.g.).
    MONUSCO--as mandated by the UN Security Council--continued to condition
    its logistical military support to FARDC units on accountability for
    human rights abuses. For example, after MONUSCO suspended its support
    in June to the FARDC 911th, or ``Bear,'' Battalion in Orientale, owing
    to the serious and persistent human rights violations committed by some
    of its elements, authorities arrested six officers of the battalion and
    transferred them to the relevant judicial authorities, according to a
    report submitted to the UN Security Council in October.
        According to UNSRESAE Alston, ``regular failures'' by the
    Government to provide soldiers their rations and pay, together with
    embezzlement by commanders, contributed to indiscipline as soldiers
    continued ``to literally prey on the population.'' FARDC units
    throughout the country regularly engaged in illegal taxation and
    harassment of civilians. They set up checkpoints to collect ``taxes,''
    often arresting individuals who could not pay the demanded bribes and
    stealing whatever food and money they could. According to the UNJHRO,
    there was a direct correlation between salaries siphoned off by corrupt
    officers and the level of human rights abuses committed by the FARDC,
    the GR, the PNC, the DGM and the ANR. Abuses by FARDC soldiers were
    dramatically reduced in areas where they were paid and fed.
        Impunity in the state security forces remained a severe, widespread
    problem, and the weaknesses of the justice system continued to play a
    large role in the problem (see section 1.e.). The Government prosecuted
    and disciplined few security force personnel for abusing civilians.
    According to the UN secretary-general's report to the UN Security
    Council in March, military justice institutions continued to face
    challenges, including a severe shortage of military judges and
    prosecutors, with only 350 of a required 818 military magistrates being
    deployed. Magistrates, prosecutors, and investigators were poorly
    trained, had little or no resources for investigations, and limited, if
    any, access to legal codes. In addition, the military justice system
    was often subjected to political and command interference, and security
    arrangements for magistrates in conflict-affected areas remained
    inadequate. Magistrates who attempted to investigate politically
    connected high-level FARDC officers were threatened (see section 1.a.),
    as were witnesses providing information to judicial officers.
        According to a HRW July 2009 report, Soldiers Who Rape, Commanders
    Who Condone, the military justice system remained a weak institution.
    HRW underscored that ``only a small fraction'' of the total number of
    acts of sexual violence committed by FARDC soldiers had been
    prosecuted. As an example, HRW reported that, during 2008, 27 soldiers
    were convicted of crimes of sexual violence in North and South Kivu.
    During the same year, the UN registered 7,703 new cases of sexual
    violence (by FARDC soldiers and other perpetrators) in North and South
    Kivu.
        The Operational Military Court, which the Government established
    during the year to address abuses committed by FARDC officers during
    military operations, made some progress in prosecuting a small number
    of low-ranking perpetrators. However, it lacked adequate staff, the
    ability to conduct its own independent investigations, and the power to
    undertake high-level prosecutions, and there remained concerns about
    the court's respect for due process (see section 1.e.).
        Most of the prosecutions undertaken by the military justice system
    continued to be lower-ranking officers or soldiers; rarely were mid-
    level or senior-level officers investigated for having committed acts
    of sexual violence. Although no general had yet been convicted, either
    for his own actions or for failing to control his troops, a general
    (General Jerome Kakwavu) was arrested for rape and other crimes in
    April. When they were convicted, sentences were rarely carried out. For
    example, in July 2009 a military court found Lieutenant Colonel
    Ndayambaje Kipanga guilty of raping four girls in Rutshuru, North Kivu.
    Prior to the arrest of General Kakwavu, he was the highest-ranking
    FARDC officer convicted. However, he was convicted in absentia after
    escaping custody two days after his arrest in May 2009, due to lax
    detention procedures, and he remained at large at year's end..
        In its November 2009 report to the UN Security Council, the UNGOE
    cited meetings it held with military justice prosecutors in North and
    South Kivu, who ``reiterated the limitations...in effectively
    prosecuting sexual violence and underscored the lack of willingness at
    the highest level of the FARDC military command to ensure that
    perpetrators are held accountable.'' Examples provided by the UNGOE of
    FARDC commanders who had failed to take any action after being notified
    of rape cases committed by their men included Colonel Alphonse Mpanzu
    of the 8th Integrated Brigade, deployed in Uvira (South Kivu) in the
    context of Kimia II (at least two cases of rape), and Lieutenant
    Colonel Salumu Mulenda, commander of the 33rd Brigade deployed in Uvira
    and Walungu territories (13 cases of rape). In addition, more than 50
    cases of abuse by the 33rd Brigade (lootings, arbitrary detention, and
    burning of civilian properties) had been reported since the beginning
    of Kimia II operations, according to the group.
        Several individuals accused of numerous serious abuses held senior
    positions in the FARDC. Of the ``FARDC five,'' the five senior FARDC
    commanders whose impunity for alleged crimes of sexual violence was
    raised again with President Kabila by the UN Security Council in May
    2009, three were in detention by year's end, their investigations had
    been completed, and their cases were ready for trial. General Kakwavu
    had been arrested and was awaiting trial, as well as colonels Safari
    and Mobuli. Major Pitchen, also known as Joseph Papy Ilunga, was
    located in Equateur. The Ministry of Defense sent a letter to his
    commander requesting he be transferred to the military prosecutor, but
    the commander refused. At year's end, Major Pitchen, who already had a
    warrant for his arrest due to a conviction of rape in Bukavu, continued
    commanding a battalion of troops. Colonel Mosala was requested to
    remain under house arrest but was not legally required to do so; he
    fled and his whereabouts were unknown. He was presumed to have fled the
    country.
        Following his assessment visit in October 2009, UNSRESAE Alston
    characterized impunity within the state security forces as ``chronic,''
    noting that ``endemic corruption and political interference ensure that
    anyone with money or connections can escape investigation, prosecution,
    and judgment.'' For example, in June FARDC forces attacked an
    integration center in Nyaleke, North Kivu. The commander of the 1113th
    Battalion, based in Oicha, North Kivu, first arrested, and then
    released eight of the defendants in exchange for a large amount of
    money. A captain of the 1113th Battalion also released suspects in the
    same case and refused to respond to a summons to appear in court. In
    addition, on August 12, ex-CNDP FARDC elements forcibly freed a former
    commander from the Goma Military Prosecutor's office after authorities
    had arrested the former commander for refusing to be redeployed from
    Walikale Territory following accusations of human rights abuses by
    FARDC elements under his command.
        On October 5, General Bosco Ntaganda, an ex-CNDP chief of staff who
    was loosely integrated into the FARDC during 2009 (but who has not
    followed or been subjected to the same command chain as the
    ``regular,'' non-integrated FARDC forces) told Reuters that he
    continued to command FARDC troops in the east as ``the number two''
    commander in Operation Amani Leo. (The International Criminal Court
    (ICC) issued an arrest warrant for Ntaganda in 2006 relating to the
    recruitment and use of child soldiers.) His comments contradicted
    official FARDC statements that he had no role in Amani Leo; however,
    the UN GOE reported in December that General Ntaganda ``remained deputy
    commander of Amani Leo operations.'' At year's end General Ntaganda
    continued to live and openly circulate in Goma, North Kivu. In his 2009
    report, UNSRESAE Alston expressed concern that both government and UN
    officials had indicated they would not take steps to arrest General
    Ntaganda.
        During the year the Government took few significant steps to reform
    the state security forces, and three important draft pieces of
    legislation to reform the armed forces had yet to be adopted by
    parliament. According to the UN secretary-general's October report to
    the UN Security Council, ``Progress on reform of FARDC was largely
    stalled.Several bilateral training programs supporting the
    implementation of the army reform plan were stalled or completed, while
    the continuation of others was in question.'' The FARDC continued to
    cooperate with the EU Mission to Provide Advice on and Assistance with
    Security Sector Reform in its chain of payments project, which aimed to
    improve the FARDC's salary distribution system, prevent fraud and
    embezzlement, and ensure payments reached soldiers.
        There were a few convictions of state security forces members,
    usually low ranking, during the year. For example, on July 22, the
    military tribunal in Goma sentenced Lieutenant Bahati, Warrant Officer
    Kambere, Sergeant -Major Bandoa and Balume to 20 years in prison for
    rape and armed robbery.
        In addition, some Congolese military prosecutors participated in
    joint investigation teams (JITs) a UN initiative launched during the
    year that focused on investigating crimes of sexual violence in the
    east. JITs, which consisted of UNJHRO officers and Congolese military
    prosecutors and investigators, received allegations of rape and other
    abuses from human rights groups and deployed to remote areas to
    investigate and collect evidence for judicial cases. The UNJHRO
    officers provided the military prosecutors and investigators with
    transportation, normally a debilitating deficiency in the investigation
    process. As the military prosecutors and investigators collected and
    processed information, they received in-the-field coaching and training
    in technical areas, such as forensics, witness protection and
    interviewing, and child protection. Although the JITs were ad hoc in
    nature and lacked adequate funding and personnel resources,
    participating military prosecutors and investigators and NGOs viewed
    JITs as a small but effective component in the fight against impunity.
        In July 2009 announced that the Government had adopted a policy of
    ``zero tolerance'' for human rights violations by the state security
    forces following intense criticism by donor countries and international
    human rights groups. The FARDC disseminated instructions to all
    soldiers that protecting the population was their duty and warned that
    rape and other crimes against civilians would be punished. In December
    2009 several members of the Universal Periodic Review Working Group
    (UPRWG) commended the Government for adopting this policy but expressed
    concern over severe deficiencies in its implementation. Several members
    of the UPRWG urged the Government to implement by June 2010 the short-
    term anti-impunity reforms that were recommended by UNSRESAE Alston,
    who said in October 2009 that FARDC soldiers faced ``no risk of
    punishment'' for abuses, partly due to their anonymity. Alston urged
    the Government to require all FARDC soldiers to wear uniforms showing
    their names and unit affiliation and recommended that the UN Security
    Council make this step a precondition for any further UN assistance. He
    also urged the Government to immediately indict key members of the
    military alleged to have committed war crimes, crimes against humanity,
    and other serious offenses, particularly General Ntaganda, Innocent
    Zimurinda, Sultani Makenga, Bernard Byamungu, and Salumu Mulenda. At
    year's end, the Government had not taken these steps.
        During the Amani Leo Operation, and at the request of the FARDC,
    MONUSCO conducted human rights screening--designed to identify and
    remove human rights abusers from the operation--on a small number of
    battalions in North Kivu that MONUSCO would support (depending upon the
    results of the screening process), approximately 1,500 soldiers in
    total; however, those in battalions not receiving support from MONUSCO
    were not vetted (see section 1.g.).
        However, during the year the Government continued to maintain joint
    military oversight committees with MONUSCO in several provinces. They
    were composed of military officers, military magistrates, MONUSCO human
    rights officers, and MONUC child protection officers. They met monthly
    to monitor, investigate, and develop strategies to combat sexual
    violence and other human rights abuses. Their effectiveness remained
    mixed at year's end.

        Arrest Procedures and Treatment While in Detention.--By law arrests
    for offenses punishable by more than six months' imprisonment require
    warrants. Detainees must appear before a magistrate within 48 hours.
    Authorities must inform those arrested of their rights and the reason
    for their arrest, and may not arrest a family member instead of the
    individual being sought. They may not arrest individuals for non-felony
    offenses, such as debt and civil offenses. Authorities must allow
    arrested individuals to contact their families and consult with
    attorneys. In practice, security officials routinely violated all of
    these requirements. No functioning bail system existed, and detainees
    had little access to legal counsel if unable to pay. Authorities often
    held suspects in incommunicado detention, including in illegal
    facilities run by the ANR and the GR, and refused to acknowledge their
    detention.
        Security personnel arrested and detained without charge perceived
    opponents and critics of the Government during the year, sometimes
    under the pretext of state security, often denying due process, such as
    access to an attorney (see sections 1.a., 2.a. and 5).
        Police often arbitrarily arrested and detained persons without
    filing charges, often to extort money from family members.
        The military intelligence agency, DEMIAP, arbitrarily arrested
    persons and subjected them to prolonged arbitrary detention (see
    section 1.a.).
        On July 21, in Kinshasa, PNC officers arrested without warrant the
    coordinator of the NGO Solidarity for Social Promotion and Peace
    (SOPROP) and a nurse, also a member of the organization, and held them
    in custody at the Mont-Amba police station. Police also detained three
    other SOPROP members when they visited the police station to support
    the victims; police allegedly beat one of the three. The five SOPROP
    members were released the same day. Authorities took no action against
    those responsible.
        On September 29, members of the PNC arrested two women who
    witnessed and allegedly filmed the beating of a man by GR members after
    he threw a rock at the presidential motorcade. The two women were held
    in detention for several days until being released. The man was
    arrested and died in a GR detention cell, allegedly after committing
    suicide (see section 1.a.).
        Of the 174 inmates determined in 2008 by the vice-minister of human
    rights to be illegally detained in the CPRK, seven remained in prison
    at the end of 2009, but it was unclear how many remained in prison at
    the end of the year.
        Prolonged pretrial detention, often ranging from months to years,
    remained a problem, as pretrial detainees constituted at least 70
    percent of the prison population, according to the UN. In March UN
    Secretary-General Ban Ki-moon reported that of approximately 18,000
    inmates throughout the country, at least 70 percent were pretrial
    detainees. In July Bandundu civil society leaders reported that inmates
    at Bulungu prison spent two to three years on average in detention
    before being tried. Trial delays were due to factors such as judicial
    inefficiency, corruption, financial constraints, and staff shortages.
    Prison officials often held individuals after their sentences had
    expired due to disorganization, judicial inefficiency, or corruption.
    Prison records remained grossly inadequate, and authorities kept
    individuals in prison even after their sentences had been served.

        e. Denial of Fair Public Trial.--The law provides for an
    independent judiciary; however, the judiciary was inefficient, corrupt,
    and subject to influence. Judges, who were poorly compensated, remained
    subject to influence and coercion by officials and other influential
    individuals.
        Following his October 2009 assessment of the country, UNSRESAE
    Alston concluded that ``across the country, endemic corruption and
    political interference ensure that anyone with money or connections can
    escape investigation, prosecution, and judgment. Judges' appointments,
    removals, and promotions are subjected to frequent political
    interference.''
        On January 21, Front for Patriotic Resistance in Ituri (FRPI)
    leader Bernard Kakado, 86, appeared for the first time at the Bunia
    military court after a length of two years and five months in custody.
    Kakado was being prosecuted by 23 victims for killings, rapes and
    lootings perpetrated from 2006 through 2007.
        In a March 2009 report to the UNHRC, the UN special rapporteur on
    the independence of judges and lawyers and six other UN special
    rapporteurs and representatives collectively underscored that
    ``political interference at all stages of the criminal process is very
    common.'' The report cited ``numerous incidents, especially in the
    east,'' in which military and civilian judges and prosecutors were
    threatened and attacked by FARDC soldiers or members of nongovernmental
    armed entities ``to intimidate them, disrupt criminal proceedings, and
    ensure impunity.'' It also noted that ``extremely low salaries'' in the
    justice, law enforcement, and penitentiary sectors facilitated
    corruption at all levels.
        Judicial corruption remained pervasive, particularly among
    magistrates. The judicial system was funded with less than 1 percent of
    the national budget and was poorly staffed, with a very limited
    presence outside of Kinshasa. A study by an international NGO concerned
    with justice reform identified a variety of challenges that continued
    to hinder the planning and execution of the judicial branch budget,
    including declining annual budgets allocated to the judicial branch;
    failure to pay salaries of court personnel on a regular basis; failure
    to allocate costs for court operations; and the lack of transparency in
    the use of funds allocated to the judiciary.
        There were fewer than 1,500 magistrates (judges who serve in the
    lowest level courts) serving the entire population (one magistrate for
    every 45,000 citizens), and two-thirds of them were located in
    Kinshasa, Matadi (Bas-Congo), and Lubumbashi (Katanga). There were
    fewer than 200 courts, of which approximately 50 were functioning
    during the year.
        According to the UNJHRO, despite some convictions of members of the
    FARDC during the year, law enforcement personnel and magistrates
    continued to treat rape and sexual violence in general with a marked
    lack of seriousness. Consequently, men accused of rape were often
    granted bail or given relatively light sentences, and out-of-court
    settlements of sexual violence cases remained widespread. However,
    during the year the Government cooperated with the UN and donor nations
    to train civil and military judges in methods to effectively adjudicate
    rape cases.
        The civilian judicial system failed to dispense justice
    consistently and was widely disparaged by the international community
    and citizens as ineffective and corrupt.
        The constitution provided for new judicial institutions and laid
    the foundation for an independent judiciary by removing previous
    presidential powers to appoint and remove magistrates. The constitution
    divided the Supreme Court's functions into a Constitutional Court,
    Appeals Court, the Administrative Oversight Agency and the High Council
    of Magistrates (CSM), the country's supreme judicial oversight body,
    which is charged with disciplining judges and prosecutors and
    protecting the judiciary from executive intimidation and manipulation.
    However, by the end of 2009, the CSM was not fully operational, and no
    legislation had been promulgated to establish the Constitutional Court,
    the Appeals Court, or the Administrative Oversight Agency. In the
    absence of the judicial institutions provided for by the 2006
    constitution, the existing structures--including the Supreme Court,
    Appeals Court, Superior Court (Tribunal de Grande Instance), and the
    misdemeanor courts known as Tribunaux de Paix--continued operating.
        While the new structures provided for in the constitution were
    designed in part to increase access to justice, the Government still
    had not implemented structures that were introduced by laws promulgated
    decades ago. For example, the 1982 law establishing the Tribunaux de
    Paix, which handle cases involving crimes punishable by less than five
    years' imprisonment, provides for one tribunal in each town and rural
    zone. According to an August 2009 report by the International Bar
    Association's Human Rights Institute (IBAHRI) and International Legal
    Assistance Consortium (ILAC), if this law were carried out, there
    should be 180 of these tribunals; however, only 58 were in place, and
    only 45 were functioning.
        During the year the Government continued a process begun in October
    2009 to recruit and hire 1,000 new magistrates, including approximately
    100 female judges, to help address the problems of unfair trials and
    lack of access to justice. By year's end, the deployment of the
    magistrates to the provincial courts had not been undertaken, and the
    Government had not budgeted to deploy the judges.
        Military courts, which had broad discretion in sentencing and
    provided no appeal to civilian courts, continued to try military as
    well as civilian defendants during the year. Some areas of the country,
    particularly the east, continued to be served only by military justice,
    due to the absence of any operational civilian justice component.
    Although the constitution limits jurisdiction of military courts to
    members of the FARDC and PNC, at year's end, the military judicial code
    and the military penal code of 2002 had not been harmonized with the
    constitution. In August 2009, the minister of justice initiated a
    reform process that aimed in part to harmonize military justice with
    the constitution; however, the military code of justice, in place prior
    to the adoption of the present constitution, continued in force during
    the year. It prescribed trial by military courts of all cases involving
    state security, including offenses related to military personnel, and
    ``weapons of war'' (firearms), whether the defendants were members of
    the military or civilians.
        In 2007 the UN's resident expert on human rights recommended that
    the Government establish a clearer separation between civilian and
    military jurisdictions; however, no action was taken by parliament
    during the year to address this recommendation.
        In December 2009 the UN secretary-general reported to the UN
    Security Council about ``extraordinary'' military justice mechanisms
    established in the Kivus, including the Operational Military Court (see
    section 1.d.). He expressed concern that, ``while contributing to
    discipline within the FARDC, there continued to be serious doubts
    regarding the legal basis of the mechanisms and their respect of fair
    trial standards, particularly since they do not contemplate a right of
    appeal.'' In addition, in its report to the UPRWG, a coalition of
    international NGOs criticized the newly created Operational Military
    Court for disrespecting basic due process rules. Of particular concern
    was the lack of an appeals process. However, on February 13, the
    Operational Military Court in North Kivu sentenced five FARDC soldiers
    to death for murder, one soldier to 20 years of imprisonment for rape,
    and two soldiers to five years of imprisonment for arbitrary arrest.
        The law requires that a defendant can be tried only by a judge in
    the military justice system who is of equal or higher rank than the
    accused. In practice, this provision continued to provide senior
    military suspects with protection from prosecution.
        According to the August 2009 report by the IBAHRI and ILAC, there
    were two main reasons why the executive branch and military command
    ``continue to violate the independence of military judges'' and
    prosecutors:
        First, alliances between government forces and various rebel groups
    continued to foster loyalties that have prompted government officials
    to try to prevent the prosecution of some of the leaders and members of
    these armed entities. For example, according to IBAHRI and ILAC, in a
    letter from the minister of justice obtained by NGOs, the minister
    ``ordered that no action be taken against members of [the CNDP], and
    that ongoing proceedings were to be discontinued.'' The date of the
    letter, February 9, 2009, was shortly before the March 2009 peace
    agreement in which the CNDP formally agreed to cease hostilities
    against--and integrate into--the FARDC and assist in operations against
    the FDLR.Second, military police and military prosecutors remained
    dependent on the military chain of command for logistical and
    administrative requirements, and military judges and prosecutors were
    sometimes beaten or even tortured for having acted against members of
    the FARDC without prior authorization from the commander.According to
    the UNJHRO, high-ranking military officers continued to adjudicate
    cases in which their own soldiers were implicated. Their alleged
    interference resulted in several out-of-court settlements regarding
    rape cases. However, there were some encouraging prosecutions during
    the year. For example, on July 22, the military tribunal in Goma
    condemned Lieutenant Bahati, Warrant Officer Kambere, Sergeant-Major
    Bandoa, and Balume to 20 years in prison for rape and armed robbery.
        In their March 2009 report to the UNHRC, seven UN special
    rapporteurs and representatives underscored the need for the Government
    to increase the justice portion of the national budget ``to an
    acceptable level comparable with other countries (2-6 percent).''
    During the year the Government increased the justice portion of the
    national budget to 0.1 percent. Emphasizing the importance of expanding
    the justice system in rural territories, the report underscored the
    lack of mobile courts and the need for increased or ``hardship'' pay to
    induce qualified judicial personnel to serve in conflict posts.
        None of the courts or offices surveyed by an international NGO in
    four provinces (Katanga, Maniema, Bandundu, and South Kivu) had
    received operational or capital improvement funding from the central
    government in at least 10 years, forcing courts to rely on extralegal
    fees to pay for basic supplies and remuneration of ``volunteer
    clerks,'' who were used by court offices to fill gaps when civil
    service employees retired and were not replaced. A significant source
    of case management delay was the inability of courts to cover the costs
    of serving documents and other costs of litigation, including, for
    example, costs of transport for witnesses and victims in initial stages
    of prosecution. While there was some limited donor support for capital
    improvement and more limited support for operational costs, it was not
    enough to have an appreciable effect on courts' ability to function as
    viable institutions.
        In their March 2009 report to the UNHRC, seven UN special
    rapporteurs and representatives highlighted the need for transitional
    justice and truth-seeking initiatives, and recommended establishing
    mixed courts comprising national and international judges and sitting
    in national courts. While no mixed courts were established during the
    year, on October 1 the UNOHCHR published a human rights mapping report,
    which was endorsed by the Government and catalogued the most serious
    violations of human rights and international humanitarian law committed
    in the country between March 1993 and June 2003. The Government called
    the UNOHCHR Human Rights Mapping report ``credible'' and, while not
    supportive of the recommendation to re-establish the country's
    dilapidated National Truth and Reconciliation Commission, expressed
    support for the concept of establishing a mixed domestic chambers to
    address the most serious crimes highlighted by the UNOHCHR's mapping
    report. The Ministry of Justice sponsored a two-day workshop to draft
    legislation related to the mixed chambers on November 29 and 30.

        Trial Procedures.--The constitution provides for a presumption of
    innocence; however, in practice most detainees were treated as already
    having been convicted. Although the Government permitted, and in some
    cases provided, legal counsel, lawyers often did not have free access
    to defendants. The public could attend trials only at the discretion of
    the presiding judge. Juries are not used. During trials defendants have
    the right to be present and to be provided a defense attorney. However,
    in practice these rights were not always respected. Defendants have the
    right to appeal in most cases except those involving national security,
    armed robbery, and smuggling, which the Court of State Security
    generally adjudicated. Defendants have the right to confront and
    question witnesses against them and can present evidence and witnesses
    in their own defense. The law requires that defendants have access to
    government-held evidence, but this right was not always observed in
    practice. There were no reports of women or specific ethnic groups
    being systematically denied these rights.

        Political Prisoners and Detainees.--There were reports of political
    prisoners and detainees. In 2009 the UNJHRO estimated that there were
    at least 200 political prisoners in detention at the end of the year.
    The Government permitted access to some political prisoners by
    international human rights organizations and MONUC; however,
    authorities consistently denied access to detention facilities run by
    the GR and the ANR (see section 1.c.).

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

        f. Arbitrary Interference With Privacy, Family, Home, or
    Correspondence.--The law prohibits arbitrary interference with privacy,
    family, home, or correspondence; however, state security forces
    routinely ignored these provisions. Soldiers, demobilized soldiers,
    deserters, and police continued to harass and rob civilians. State
    security forces routinely ignored legal requirements and entered and
    searched homes or vehicles without warrants. In general those
    responsible for such acts remained unidentified and unpunished. State
    security forces sometimes looted homes, businesses, and schools.
        Authorities took no action in the cases detailed in this subsection
    in 2009 or 2008.
        Authorities at times arrested or beat a relative or associate of a
    person they sought to arrest (see section 1.c.).
        Armed entities operating outside government control in the east
    routinely subjected civilians to arbitrary interference with privacy,
    family, home, and correspondence, and some corporations facilitated
    such abuses by supporting--through the illicit trade in mineral
    resources--armed entities, including FARDC units (see section 1.g.).

        g. Use of Excessive Force and Other Abuses in Internal Conflicts.--
    Internal conflict continued in rural and mineral-rich parts of the
    east, particularly in North Kivu and South Kivu, Bas Uele and Haut Uele
    Districts of Orientale, and to a lesser degree, the Ituri District of
    Orientale. According to a countrywide International Rescue Committee
    mortality survey released in 2008, conflict and related humanitarian
    crises, including the destruction and deterioration of essential
    infrastructure such as health centers, resulted in the deaths of an
    estimated 5.4 million Congolese between 1998 and 2007, or the
    equivalent of 45,000 per month throughout the survey period.
        Despite the integration of former CNDP rebels into the FARDC in
    2009, the FDLR, LRA, and some Mai-Mai groups increasingly formed
    coalitions during the year and continued to battle government forces
    and attack civilian populations. Military preparations during the year,
    and the fighting itself, led to further depredations against civilians
    by members of state security forces and armed entities. This
    continuation of fighting in the east, which impeded humanitarian aid in
    some areas kept the figure of internally displaced persons at
    approximately 1.7 million by the end of the year, exacerbating an
    already severe humanitarian crisis.
        The UN peacekeeping mission, MONUC, continued to maintain several
    thousand soldiers and civilian personnel in the country to assist the
    Government in establishing and maintaining peace and security,
    particularly in the east. In May the UN Security Council extended
    MONUC's mandate for 12 months, changing the name from MONUC to MONUSCO
    (UN Organization Stabilization Mission in the Congo), with an emphasis
    on the eastern part of the DRC and retaining protection of civilians as
    the Mission's top priority, and authorizing a drawdown of 2,000
    peacekeeping soldiers troops by June 30 from areas where the security
    situation permits. At the end of the year, approximately 19,000 MONUSCO
    peacekeepers, military observers, and police continued efforts to
    effectively implement the mission's mandate, most notably with regard
    to its top priority of protecting civilians.
        Despite the presence of MONUSCO, armed entities, including ex-CNDP
    FARDC units in the east, continued to kill, abduct, torture, and rape
    civilians and burn and destroy villages.
        All parties continued to use mass rape and sexual violence with
    impunity, often as weapons of conflict, and to humiliate and punish
    individuals, victims, families, and communities. The UN Population Fund
    (UNFPA) reported 12,838 cases of sexual violence for both adults and
    children in North and South Kivu and Province Orientale in 2009.
    According to HRW, between January 2009 and September 2009, the total
    number of sexual violence cases registered at health centers in North
    and South Kivu exceeded 7,500, a near doubling of the total for the
    same period in 2008. In 2009 the International Rescue Committee, which
    registered approximately 1,200 cases of rape in South Kivu, found that
    up to 80 percent of survivors identified their assailants as members of
    either the FARDC or RMGs. While the actual number of cases was likely
    much higher, lack of data, social stigma, lack of confidence in the
    judiciary, and fear of reprisals prevented many rape survivors from
    coming forward.
        According to MONUSCO, between July 30 and August 2, 303 women,
    children, and men were raped in 13 villages in Walikale, North Kivu by
    a coalition of the FDLR, Mai Mai Cheka, and combatants lead by Colonel
    Emmanuel Nsengiyumva, a former member of the CNDP and the FARDC. The
    perpetrators also looted more than 1,000 homes and abducted 116
    civilians, whom they subjected to forced labor. The UN reported that
    from late July to early August, rebel groups raped an additional 260
    individuals in several isolated incidents in South Kivu. According to
    the UN, one of the villages attacked, Luvungi, where more than 100
    persons were raped, was a lucrative target for looting because it was a
    mining hub located only four miles from gold mines. A UN investigation
    in August found that the perpetrators ``sought to block off the
    transport of minerals to Goma and Bukavu, as well as force the return
    of FARDC troops from the mining areas.''
        In addition, the UNGOE's November report underscored another link
    between the rapes and exploitation of minerals. In the weeks prior to
    the rapes, criminal elements of the FARDC, including the 212th FARDC
    Brigade, were competing for control of lucrative deployments near
    mines, including Bisie mine. The competition for minerals within the
    FARDC and a false belief that the FDLR posed no threat in the area led
    the commander of the 212th Brigade, ex-CNDP FARDC Lieutenant Colonel
    Yusef Mboneza, to disobey orders to move to the area where the armed
    entities were located and where the rapes later took place. The
    insubordination and competing parallel chains of command occurred at
    the expense of civilian protection and underscored the need for more
    effective integration of the ex-CNDP FARDC elements and other former
    RMGs into the FARDC.
        According to the UNGOE, on August 12, authorities arrested Colonel
    Mboneza for insubordination related to his failure to follow orders to
    combat Mai-Mai Sheka, an armed entity active in Walikale Territory,
    North Kivu, and the FDLR. According to the UNGOE's report of November,
    FARDC General Ntaganda, a former CNDP rebel, subsequently sent more
    than 100 soldiers to kidnap Mboneza's rival commanding officer, and
    then overran the Military Prosecutor's Office and forced the release of
    Colonel Mboneza. By year's end, authorities had not taken any
    disciplinary action against Colonel Mboneza.
        Between September 1 and 18, MONUSCO conducted Operation Shop Window
    to improve the protection of local populations in Walikale and support
    government efforts to capture the perpetrators of the attacks from late
    July to early August. The operation resulted in the surrender of 27
    Mai-Mai elements and the arrest of three Mai-Mai elements and one FDLR
    element. On October 5, following a joint MONUSCO-FARDC operation,
    authorities incarcerated ``Lieutenant Colonel'' Mayele, the ``chief of
    staff'' of the Mai-Mai Cheka group, who was alleged to have coordinated
    the attacks in Walikale Territory from July 30 to August 2, along with
    FDLR elements led by ``Colonel'' Serafim.
        In October, while discussing the rapes committed in July and August
    in Walikale Territory, UN Special Represenative on Sexual Violence
    Margot Wallstrom told the UN Security Council that the rapes
    ``demonstrate a nexus between the illicit exploitation of natural
    resources by armed elements and patterns of sexual violence.'' She
    underscored the competition over mining interests in the east ``as one
    of the root causes of conflict and sexual violence.''
        Rapes committed against a single woman by large numbers of armed
    men sometimes resulted in vaginal fistulas, a rupture of vaginal tissue
    that left survivors unable to control bodily functions and likely to be
    ostracized.
        During the year the incidents of men being raped continued as a
    result of the violence between nongovernmental armed entities and the
    FARDC. The number of male rape cases may have numbered in the hundreds
    during the year, but statistics for male rape were even more difficult
    to compile than those for female rape, as social stigma prevented many
    male survivors from coming forward. According to the American Bar
    Association, which ran a legal aid clinic in North Kivu for survivors
    of sexual violence, 10 percent of its cases during June 2009 were men.
    NGOs and medical workers reported that the humiliation was often so
    severe that male rape survivors came forward only if they had urgent
    health problems, and according to HRW, two men whose penises were
    cinched with rope died a few days later because they were too
    embarrassed to seek help.
        The recruitment and use of children by all armed entities active in
    North and South Kivu and Orientale, including the FARDC (particularly
    ex-CNDP elements), continued. HRW reported that of approximately 1,000
    documented males recruited between September and December in the east,
    at least 261 were under the age of 18. In July the UN secretary-general
    reported that joint military operations against the FDLR and the LRA
    had put children at high risk and made them more vulnerable to
    recruitment and use as soldiers, sexual slaves, porters or other
    domestic workers. According to the UNGOE report released in November,
    during 2009 a significant number of children who had previously been
    recruited into RMGs were brought into the new FARDC structures during
    the integration process.
        According to a UN Children's Fund (UNICEF) estimate in late March
    2009, 8,000 children had yet to be demobilized from the ranks of RMGs
    and several units of government security forces in the east, where they
    served as combatants, porters, spies, and sex slaves. The estimate
    represented an increase of 4,500 children, compared with the UNICEF
    estimate for 2008; however, it was very difficult to verify actual
    numbers, as estimates were provided based on the numbers of children
    who had been demobilized, not counted within the ranks.
        From January to September, MONUC/MONUSCO facilitated the release of
    1,559 children from the FARDC and RMGs. Between October 2008 and
    December 2009, the Resolution 1612 Joint Action Committee reported that
    3,180 children, overwhelmingly male, were released from RMGs and the
    FARDC.
        The Resolution 1612 Country Task Force is pursuing advocacy with
    the Government to commit to, negotiate, and implement an action plan to
    end the recruitment and use of children by the FARDC, as requested by
    UN Security Council resolutions 1539, 1612, and 1882. The action plan
    would facilitate, among other things, the commitment of the Government
    and the FARDC to release all children remaining within the FARDC's
    ranks and put an end to the recruitment and use of children, mainly
    through military orders and measures to clearly prohibit the practice,
    as well as through systematic investigation of perpetrators of child
    rights violations.
        Fighting between the FARDC and nongovernmental armed entities
    continued to displace populations and limit humanitarian access to
    conflict areas. According to the UN Office for the Coordination of
    Humanitarian Affairs (OCHA), between January and June there were 105
    attacks on humanitarian agencies working in the country, which
    represented a significant increase, compared with the 84 attacks
    between January and October of 2009, and the 36 attacks during the
    first 10 months of 2008.
        In North and South Kivu, the illegal exploitation and trade of
    natural resources by armed actors, including criminal elements of the
    FARDC, continued to prolong the conflict, facilitate the purchase of
    small arms to commit abuses, and reduce government revenues needed for
    increasing security and rebuilding the country. Generating direct and
    indirect financing for armed actors and conflict, the exploitation of
    natural resources continued to include minerals such as cassiterite (a
    tin oxide), the rare mineral tantalum, and wolframite, all of which are
    key components in electronic products, as well as gold, timber,
    charcoal, fishing, and land.
        The illegal trade in minerals continued to be both a symptom and a
    cause of the conflict in the Kivu provinces. While FARDC military
    operations during the year and in 2009 drove many RMGs, such as the
    FDLR, out of the principal mining areas in the Kivus, the RMGs
    continued to control hundreds of more remote mining deposits,
    increasingly pillaged mineral traders and transporters, and employed
    intermediaries to purchase minerals in mines they could no longer
    access. Ex-CNDP FARDC elements remained loyal to and in some cases
    shared mining profits with General Ntaganda--who remained the subject
    of an outstanding ICC arrest warrant--as they continued to gain control
    over large areas rich in natural resources in North and South Kivu
    provinces, including Walikale Territory, the part of North Kivu that is
    richest in cassiterite.
        The law specifically prohibits the involvement of the FARDC in
    mining and the mineral trade; the law also prohibits nonstate armed
    actors from engaging in mining. However, the Government did not
    effectively enforce the law. According to the UNGOE, ``in the Kivu
    provinces, it appears, almost every mining deposit is controlled by an
    armed group. The armed groups include regular FARDC units.''
        Criminal involvement by some FARDC units--as well as by RMGs--
    ranged from protection rackets (including protection fees paid by
    mining pit managers to avoid pillage or to facilitate smuggling) to
    indirect commercial control (including the use of illegal tax revenues
    to buy and sell minerals near mining sites), and direct coercive
    control (including pillage). In addition, FARDC units and RMGs
    routinely forced civilians to work for them or relinquish their mineral
    production and extorted illegal ``taxes.''
        Some observers expressed concern over the Government's decision in
    September to suspend indefinitely all mining activities in three
    eastern provinces. There were reports that, following the suspension,
    the military's control of the mines intensified and that some FARDC
    elements increased their use of forced labor in the mines since mine
    activity had dropped following the suspension.
        In a December report, Global Witness drew on data it had collected
    earlier in the year to estimate that military units and officials were
    receiving between $1.1 and $2.2 million a month from the Bisie mine in
    North Kivu, or $14.4 million and $28.8 million a year. Global Witness
    also estimated that illegal taxes on diggers outside the mineshafts in
    Bisie earned the FARDC officials and soldiers between $45,600 and
    $90,000 per month, and that they earned between $3,300 and $16,800 a
    month in illegal taxes on porters traveling to Bisie.
        On November 29, UN Security Council Resolution 1952 endorsed the
    UNGOE's recommendations for supply chain due diligence developed for
    importers, processing industries, and consumers of Congolese mineral
    products to ensure that companies do not exacerbate the conflict by
    ``providing direct or indirect support to illegal armed groups. those
    found to violate the asset freeze and travel ban on sanctioned
    individuals and entities.or criminal networks and perpetrators of
    serious violations of international humanitarian law and human rights
    abuses, including those within the national armed forces.''
        The UNGOE's reporting in 2010 presented information indicating that
    Etablissement Namukaya, a gold exporting company based in the Kivu
    provinces, purchased gold from traders who were linked to armed
    entities in eastern DRC, bought gold from a mine that provided visiting
    FARDC officers gold, and worked with members of the FDLR in an attempt
    to sell material that they claimed was uranium. The report also
    presented information indicating that Geminaco, a mining company with
    offices in Goma, North Kivu, gained control of the gold mine at Omate
    in Walikale with the support of FARDC General Amisi Kumba (the
    commander of FARDC land forces), General Mayala, and Colonel Mboneza.
    According to UNGOE reporting, Geminaco sought agreements with elements
    of the FARDC and the Mai-Mai Sheka to ensure that Geminaco could
    continue its operations at Omate.
        The November 2009 UNGOE report presented information indicating
    that the following Kivus-based exporters regularly purchased minerals
    from FDLR-controlled mines in eastern DRC: MDM, Etablissement Muyeye,
    Panju; Huaying Trading Company (HTC), and Clepad.
        The November 2009 UNGOE report also presented information
    indicating that World Mining Company (WMC), based in the Kivu
    provinces, received shipments of cassiterite from a mining zone where
    production was controlled by DRC Armed Forces soldiers under the
    command of Lieutenant Colonel Zimurinda. The same report also indicated
    that the DRC-based company Hill Side's cassiterite supply chains
    originated from conflict-affected areas of North Kivu, including near
    the Bisie mine of Walikale Territory. Dissident elements of the DRC's
    state security forces controlled significant mining interests in this
    area. According to information presented by the UNGOE in 2009 and 2010,
    the dissident state security elements that controlled the Bisie mine
    and other mines in Walikale unlawfully used and recruited child
    soldiers, deliberately and regularly prevented UN peacekeepers from
    repatriating foreign combatants, regularly engaged in the extortion of
    miners and other local residents and were loyal to and engaged in
    mining activities, some of which were financed by General Bosco
    Ntaganda.
        In addition, the same report presented information indicating that
    the supply chains of the following corporations, all based outside of
    the DRC, included one or more of the nine DRC-based companies mentioned
    above, and originated from areas in which mines were controlled by
    armed entities, such as the FDLR, which perpetrated serious human
    rights abuses in the eastern DRC during the year: Malaysian Smelting
    Corporation (based in Malaysia), African Ventures Ltd. (based in Hong
    Kong); Refractory Metals and Mining Company Ltd. (based in Hong Kong);
    Thailand Smelting and Refining Company (based in Thailand); Amalgamated
    Metals Corporation (based in the United Kingdom) Afrimex (based in the
    United Kingdom); Minerals Supply Africa (based in Rwanda); Cronimet
    Central Africa AG (based in Switzerland); Cronimet Mining GmbH (based
    in Germany); Trademet (based in Belgium); and Traxys (based in
    Belgium).
        In addition, according to the UNGOE interim report of May 2010,
    ``in the Kivu provinces, it appears, almost every mining deposit is
    controlled by an armed group.'' In December 2010, an international NGO,
    Global Witness, published a report examining measures it deemed
    necessary to ``end the conflict minerals trade'' in eastern DRC.
    According to the report, the export records of the DRC government's
    Division of Mines showed that two Chinese companies and one Hong Kong
    company purchased 100 percent of the 41.4 tons of columbite-tantalite
    (or ``coltan''), a metallic ore which--when refined--yields tantalum,
    exported from conflict-affected North Kivu Province in May 2010.
    According to Global Witness, the three companies were Fogang Jiata
    Metals, which was the top importer of coltan from the Kivu provinces in
    2009 according to DRC government statistics, Star 2000 Services, and
    Hong Kong-based Unilink Trading Hong Kong. In addition, Global Witness
    identified Chinese state-owned company CNMC Ningxia Orient Nonferrous
    Metal Group as one of the top three tantalum smelting and producing
    companies in the world and reported that the company declined to
    identify for Global Witness the origin of the tantalum ore that it
    used.
        At times verification of reported abuses in the east was difficult
    due to geographical remoteness and hazardous security conditions;
    however, MONUSCO's presence allowed observers to gather more
    information than would have otherwise been possible.

        Abuses by State Security Forces.--State security forces arrested,
    illegally detained, raped, tortured, and summarily executed or
    otherwise killed civilians and looted villages during military actions
    against nongovernmental armed entities during the year, according to
    reports by UN agencies and NGOs. Impunity remained a severe problem,
    and several individuals in the state security forces continued to hold
    high positions despite credible evidence of their involvement in
    serious human rights abuses or despite failing to hold their
    subordinates accountable for committing serious abuses (see section
    1.d.).
        Taking advantage of parallel command structures, ex-CNDP FARDC
    units in the east controlled their own stockpile of weapons and
    resisted central government orders to deploy outside of the mineral-
    rich east. In addition, some ex-CNDP elements collaborated with RMGs
    who were officially their enemies, according to the UNGOE.
        Of 3,723 ``incidents'' reported in the first six months of the year
    by UNHCR in North Kivu, 1,302 (35 percent) were caused by the FARDC,
    compared with 698 (19 percent) by the FDLR.
        During the Amani Leo Operation, and at the request of the FARDC,
    MONUSCO conducted human rights screening to remove human rights abusers
    from the operation, on a small number of battalions in North Kivu
    (approximately 1,500 soldiers), who were tasked with holding areas from
    which the FDLR and residual RMGs had been dislodged in the context of
    Operation Amani Leo. However, nonvetted battalions did not receive
    MONUSCO support. The majority of operations conducted in Amani Leo
    throughout the year were undertaken by the FARDC without support from
    MONUSCO. As FARDC soldiers spread throughout the Kivus for operations
    that did not receive MONUSCO support, reports of violations increased.
        For example, on February 2, members of the 3221st Battalion killed
    the head of an elementary school and his son in Mwenga, South Kivu,
    because of suspicions of collaboration with the FDLR. By year's end
    there were no reports of an investigation or judicial proceedings.
        According to the UNJHRO, on February 21, FARDC soldiers of the
    512th Brigade attacked a truck rented by an international NGO killing
    one civilian in Shabunda, South Kivu. By year's end there were no
    reports of an investigation or judicial proceedings.
        In April FARDC troops engaged in operations against Enyele
    insurgents who attacked Mbandaka, Equateur Province, and temporarily
    took control of the airport. Refugees and IDPs who fled violence that
    began in 2009 have been reluctant to return due to the presence of
    FARDC troops. According to the UNJHRO, during operations to restore
    order in Equateur FARDC soldiers detained at least 20 persons suspected
    of involvement in the Enyele insurgency at the 3rd Military Region and
    subsequently executed them. In addition, FARDC and/or PNC agents were
    involved in 12 cases of rape during the same time period. Four of these
    cases were being investigated by authorities. No other details were
    available at year's end.
        On September 17, the FARDC launched operations in the Walikale area
    of North Kivu, without MONUSCO support, to clear the area of FDLR and
    other armed entities and to enforce the mining ban enacted by President
    Kabila. The UNJHRO reported that on September 21 and 22, the 221st
    Brigade engaged in looting, beating and raping of civilians near Kibua
    for their alleged collaboration with FDLR and APCLS forces.
        By the beginning of the year, UN and FARDC officials stated that
    the newly integrated FARDC units in Orientale, composed of
    approximately 6,000 soldiers, had become a major security threat during
    Rudi II military operations against the LRA in Haut and Bas Uele,
    Orientale. According to the UNGOE report of November, ``most troops
    have not been rotated in over a year and allegations of human right
    abuses continued to be reported.''
        Neither Congolese nor Rwandan authorities took any steps to
    investigate or prosecute any members of the FARDC or the Rwandan
    Defense Forces allegedly involved in the killing of 201 civilians and
    other abuses in North Kivu during the joint DRC-Rwanda military
    operations (Umoja Wetu) against the FDLR in January and February 2009.
        Congolese authorities took no steps to investigate the killing of
    more than 500 civilians and other abuses, such as the sexual
    enslavement of refugees, in North Kivu during FARDC-only operations
    against the FDLR during 2009, including the killing of at least 50 Hutu
    Rwandan refugees in April 2009 by predominantly ex-CNDP FARDC soldiers
    under the command of Lieutenant Colonel Innocent Zimurinda in Shalio,
    North Kivu.
        There were no known reports that authorities were taking steps to
    investigate or prosecute the commander or members of the FARDC's 213th
    Brigade implicated in the killing of at least 62 civilians between May
    and September 2009, during its participation in Kimia II, in the
    Lukweti area near Nyabiondo, North Kivu. Investigations by human rights
    organizations indicated as many as 270 may have been killed during this
    period. MONUC ceased all support for this brigade in late 2009.
        Authorities took no steps to investigate or prosecute those
    responsible for killing an employee of Secours Catholique-Caritas, an
    international human rights and humanitarian organization, in Musezero,
    North Kivu, in July 2009. According to the NGO, villagers reported
    seeing two men in FARDC uniforms stop the employee before shooting him.
        Congolese authorities also took no steps to investigate the killing
    of at least 19 civilians in December 2009 in Masisi Territory, North
    Kivu, during fighting between FARDC soldiers.
        Military authorities took no action against any of the following
    FARDC elements accused of killings: members of the FARDC 13th
    Integrated Brigade reportedly responsible for the disappearance of at
    least six civilians and the arbitrary execution of at least one
    civilian during 2008 in Kamatsi, Orientale; or members of the FARDC 2nd
    Integrated Brigade who allegedly killed eight civilians in 2008 in
    Musezero, North Kivu.
        No further information was available regarding the 2008 arrest of
    24 FARDC soldiers accused of allegedly committing serious abuses
    against the local populations, including the killing of nine civilians,
    the rape of three girls, and the pillaging of numerous homes, stores,
    and restaurants.
        The FARDC also continued to physically abuse and arbitrarily arrest
    civilians in the east.
        FARDC soldiers engaged in anti-FDLR operations often arbitrarily
    arrested civilians whom they suspected of being collaborators or
    sympathizers of the FDLR and detained them without charge for days or
    weeks, often beating them and demanding payment for their release. HRW
    documented more than 160 such cases between January and September 2009
    in the Kivus; however, there were no reports of authorities taking
    disciplinary action against those soldiers responsible for the
    arbitrary arrests.
        There were no reports of authorities investigating FARDC soldiers
    deployed to Kanyola, South Kivu, who allegedly forced civilians from
    Walungu village, South Kivu, to carry their belongings on the road from
    Nkokwe to Hombo. The soldiers beat the men each time they tried to
    rest, and two civilians died of exhaustion and mistreatment.
        Authorities took no action against FARDC elements accused of gang-
    raping nine women and committing other abuses in 2008 after reportedly
    deserting their units in Orientale.
        Rape by members of state security forces remained a serious
    problem, and perpetrators enjoyed almost total impunity. According to a
    December 2009 report by HRW, in North Kivu, in 349 of the 639 sexual
    violence cases documented by HRW, the victim or other witnesses clearly
    identified the perpetrators as government soldiers.
        On or around June 6, four FARDC soldiers allegedly raped 10 girls
    at Mahagi market. Two of the girls were hospitalized and a doctor
    confirmed the rapes, according to MONUSCO.
        On June 16, a FARDC lieutenant in Kisangani attempted to kidnap and
    rape a four-year-old girl. Authorities arrested him on June 17 and held
    him in the 9th Region's headquarters until his eventual court martial
    and incarceration.
        Authorities took no action to bring to justice ex-CNDP FARDC
    soldiers who violently raped and beat a rape counselor in January 2009
    in South Kivu after accusing her of denouncing them and reporting on
    the rapes.
        No additional information was available regarding a FARDC soldier
    from the 17th Integrated Brigade who raped a 10-year-old boy in
    Walungu, South Kivu, in March 2009. The soldier's commander
    subsequently arrested him and transferred him to the military
    prosecutor's office in Bukavu, where he remained in detention pending
    the outcome of an investigation.
        Authorities took no action against FARDC soldiers in Nyamilima,
    North Kivu, who allegedly raped eight women and five minors in June
    2009 during a riot protesting a delay in the payment of their salary.
        There were no reports of authorities taking action against soldiers
    of the FARDC 7th and 15th integrated brigades, who raped at least 10
    women while retreating amid combat operations in the Rutshuru Territory
    villages of Kibirizi and Nyanzale in North Kivu between September and
    December 2009.
        There were no reports of authorities taking action against FARDC
    soldiers from the 131st Battalion of the 13th Integrated Brigade who
    raped seven women in the village of Lubero Territory, North Kivu, in
    2009.
        Authorities took no action against a FARDC soldier of the 14th
    Integrated Brigade, who in 2008 arrested and raped a woman suspected of
    collaborating with the FDLR.
        The use and treatment of child soldiers by FARDC elements--
    particularly fast-track integrated brigades composed mainly of ex-CNDP
    members--remained a problem. In December the UNGOE reported to the UN
    Security Council that during 2009 the MONUC Child Protection Section
    documented 686 cases of child recruitment attributable to the FARDC,
    compared with 631 children released by the FARDC during the same time.
    The FARDC showed what the UN secretary-general called ``a dramatic
    increase'' in the number of children within its ranks in 2009.
    According to the UN secretary-general's report of July, following the
    fast-track integration of former rebels and militia members in 2009,
    which brought many child soldiers from RMGs into the ranks of the
    FARDC, ``the FARDC not only accounted for the highest number of
    children recruited during October 2008 through December 2009 but was
    also the only armed entity for which an increase in child recruitment
    was documented. By contrast, all the other groups showed a downward
    trend in child recruitment, with the transfer of their children to the
    FARDC.''
        In December the UNGOE underscored concerns that UN child protection
    officers had been denied access to physically screen nearly two thirds
    of the FARDC combatants in military operations supported by the UN to
    ensure children were not involved. The UNGOE reported that ``since the
    outset of the Amani Leo operations, only one FARDC battalion has been
    fully screened by the MONUSCO Child Protection Section.'' The UNGOE
    added that, while some FARDC commanders have cooperated in efforts to
    separate children from FARDC units, others have hidden children or
    continued to recruit children, including some of those who had
    previously been separated. In 2009 the UNGOE expressed concern that ex-
    CNDP officers in FARDC units in the east ``repeatedly and deliberately
    obstructed MONUC from repatriating foreign fighters from their ranks.''
    Sometimes the obstruction involved death threats. During the year and
    in 2009, the UNGOE reported that the acts of obstruction occurred often
    under the command of certain colonels and lieutenant colonels,
    including Colonel Gwigwi Busogi, Colonel Baudouin Ngaruye, Lieutenant
    Colonel Antoine Manzi, Lieutenant Colonel Bisamaza, Salumu Mulenda, and
    Colonel Innocent Zimurinda, who was sanctioned by the UN Security
    Council in December for recruitment and use of child soldiers and other
    grave abuses against children. Gwigwi, along with his commanders,
    systematically hid children from child protection officers and
    otherwise obstructed their efforts, according to witnesses. Between May
    and August, MONUSCO documented a further 15 cases of children who had
    been used as soldiers by senior officers under Gwigwi's command. Gwigwi
    commanded the 24th Sector of the FARDC in Kalehe, South Kivu, for most
    of the year but was redeployed as deputy commander of the 4th
    operational zone in Uvira.
        UNICEF expressed concern about frequent reports of the prolonged
    detention of children at detention centers following their separation
    from armed entities. The group noted that children were often subjected
    to interrogation and inhumane treatment.
        Government security forces in the east continued to force men,
    women, and children, including IDPs, to serve as porters, mine workers,
    and domestic laborers. For example, the UNJHRO reported that on May 21,
    a FARDC soldier in South Kivu allegedly shot a woman who refused to
    transport military goods.
        During the year mining operations at Bisie mine in North Kivu
    reportedly supported arms transfers by FARDC elements that benefited
    nongovernmental armed actors; there were also reports that the FARDC
    mining operations benefited an ICC-indicted FARDC general. According to
    the UNGOE's November report, ex-CNDP FARDC elements of the 212th
    Brigade, who were led by Lieutenant Colonel Yusef Mboneza and his
    deputy Colonel Hassani continued to maintain a presence at the Bisie
    mine and maintain their own illegal tax regime, which they used to
    extort one kilo of cassiterite from all diggers each time they exited a
    mining pit and $20 every time a digger worked at night. The UNGOE
    reported that Colonel Hassani continued to share his mineral profits
    from Bisie with General Ntaganda, who remained subject to an
    outstanding arrest warrant issued by the ICC. Furthermore, the UNGOE
    presented evidence indicating that Colonel Hassani's brother Faustin
    Ndahiriwe handled Colonel Hassani's mineral investments, and that
    Ndahiriwe had commandeered his own mining pit in Bisie. In 2009 the
    UNGOE had established that Ndahiriwe ``has directly supplied a number
    of businesses in Goma with cassiterite. particularly Hill Side,'' a
    mineral exporting business that the UNGOE reported was prefinanced by
    MSA. Previously, the UNGOE had reported in November 2009 that MSA
    ``prefinanced'' Hill Side, a mineral exporting business ``that has
    purchased large quantities of minerals from Ndahiriwe.'' Finally,
    according to the UNGOE report of November, a Walikale military
    prosecutor issued an arrest warrant accusing Captain Zidane, who
    oversaw Colonel Mboneza's mining interests and investments at Bisie, of
    providing weapons to bandits to attack a mineral trader carrying over
    $10,000. However, on April 7 Lieutenant Colonel Mboneza destroyed the
    warrant and detained the officers carrying it.
        According to the UNGOE, during the year FARDC units were
    increasingly involved in land disputes and land grabs, which often
    resulted in violence. FARDC units composed of mainly ex-CNDP members
    forcibly displaced large numbers of civilians from land in the Mushake
    zone of Masisi Territory, North Kivu, in order to find grazing areas
    for cattle being brought in from Rwanda. The UNGOE reported that ex-
    CNDP FARDC soldiers under Colonel Baudouin forced more than 180
    families from their land at Tchaninga. Throughout the year stories of
    unknown persons, either refugees from camps in Rwanda, economic
    migrants from Rwanda, or IDPs from other areas in the DRC, trickled
    back to reoccupy contested land in the Kivus, exacerbating ethnic and
    land-based tensions among local communities.
        Abuses by Armed Entities Outside Central Government Control
        Illegal armed entities committed numerous serious abuses,
    especially in rural areas of North and South Kivu and Orientale during
    the year. Such groups killed, raped, and tortured civilians, often as
    retribution for alleged collaboration with government forces.
        Armed entities maintained and recruited child soldiers, including
    by force, sometimes from schools and churches, and sometimes killed,
    threatened, and harassed humanitarian workers.
        Many armed entities abducted men, women, and children and compelled
    them to transport looted goods for long distances without pay. On
    occasion, armed entities also forced civilians to mine. Armed entities
    forced men, women and children to provide household labor or sexual
    services for periods ranging from several days to several months. Armed
    entities in conflict-affected areas in the east used children,
    including child soldiers, for forced labor in mines.
        Armed entities in parts of the east sometimes detained civilians,
    often for ransom. They continued to loot, extort, and illegally tax
    civilians in areas they occupied.
        There were no credible attempts by nonstate armed entities to
    investigate abuses allegedly committed by their fighters.

        National Congress for the Defense of the People (CNDP).--In January
    2009 Rwandan officials arrested General Laurent Nkunda, who remained in
    Rwandan custody at year's end, and CNDP chief of staff General Bosco
    Ntaganda became the leader of the CNDP. In January 2009 the Government
    and the CNDP announced an alliance, and Ntaganda agreed to rapidly
    integrate the CNDP into the FARDC. In addition the CNDP agreed to
    transform itself into a political movement. Integration of the CNDP
    into the FARDC was uneven, with large numbers of the CNDP continuing to
    operate within their old command and control structures. This ambiguous
    and incomplete integration contributed to impunity within the CNDP.
    After a public statement by the president noting their redeployment to
    other areas in the DRC, FARDC members who had belonged to the CNDP
    refused to leave North Kivu and began actively recruiting new members.
    In November, ex-CNDP FARDC members were actively recruiting children to
    serve in their ranks by visiting schools in North Kivu and demanding
    lists of recently demobilized children. They were also targeting young
    adult men to serve in their ranks.
        No action was taken against CNDP combatants for any of the
    following alleged human rights abuses, all of which were committed
    prior to the CNDP's integration into the FARDC in 2009: arbitrary
    execution in 2008 by CNDP elements of at least 30 civilians in the
    vicinity of Kalonge, North Kivu; abduction of 15 civilians from
    Kitchanga, North Kivu, and related abuses by 15 CNDP combatants in
    2008; the arbitrary arrest, illegal detention, and beating of four
    civilians in Karuba, North Kivu, by CNDP elements in 2008; the summary
    execution of three children by CNDP colonel Sultani Makenga during
    2008; the killing of an Italian aid worker in 2008 by an unidentified
    armed entity in CNDP-held territory in Rutshuru, North Kivu; or the
    2008 cases of aggressive and forcible recruitment of children by the
    CNDP for use as combatants, bodyguards, and porters.
        In September 2009 the UNJHRO released an investigation report on
    the deaths of civilians during and following the 2008 fighting in the
    North Kivu town of Kiwanja between CNDP and local Mai Mai combatants.
    The UNJHRO concluded that, after the intense fighting between Mai Mai
    combatants and the CNDP had ended and the Mai Mai had retreated from
    Kiwanja, CNDP elements conducted targeted reprisal killings of the
    villagers, mainly young men whom they suspected of belonging to or
    supporting the Mai Mai. The UNJHRO confirmed 67 arbitrary executions
    perpetrated by the CNDP. However, unconfirmed allegations received by
    UNJHRO human rights officers suggested that the number of victims could
    be much higher. (Other human rights groups reported in 2008 that as
    many as 200 civilians may have been killed during and after the
    fighting between CNDP and Mai Mai combatants.) In addition the UNJHRO
    received testimonies alleging that the CNDP burned homes and a police
    station, raped a woman, arbitrarily arrested and detained civilians,
    abducted 23 men and boys to forcibly recruit them as combatants, and
    dismantled camps for IDPs in and around Kiwanja after the CNDP took
    over local administration. The UNJHRO also received allegations of
    abuses by other armed entities in Kiwanja (see subsections below on
    abuses by the Mai-Mai and FDLR) and offered conclusions and
    recommendations regarding MONUC military personnel stationed in Kiwanja
    during the events (see section 5).
        The Democratic Forces for the Liberation of Rwanda (FDLR)
        The FDLR, which was led by individuals responsible for fomenting
    and implementing the Rwandan genocide, committed several killings
    during the year. between 3,500 and 8,000 FDLR fighters remained in the
    provinces of North and South Kivu. According to the UNJHRO, on February
    8, FDLR elements attacked Punia, Maniema Province, killing two FARDC
    soldiers. They also allegedly killed an unknown number of civilians,
    kidnapped 50 others, burned approximately 200 houses, and stole one ton
    of cassiterite. The abductees were forced to carry the looted items.
    During the night of February 3, civilians in Walikale, North Kivu, were
    forced to hide in the forest for fear of further attacks after the FDLR
    attacked, killing six inhabitants, injuring five others, and looting
    and burning many houses. During the night of February 11, in Mwenga
    Territory, South Kivu, FDLR combatants allegedly kidnapped
    approximately 15 women, five of whom they killed.
        Following the launch of operation Umoja Wetu in January 2009, FDLR
    forces began to attack dozens of villages and towns across North and
    South Kivu. According to HRW, between late January and September 2009,
    the FDLR deliberately killed at least 701 civilians in North and South
    Kivu; more than half of the victims were women and children. Between
    January and October 2009, the FDLR committed an average of 50 to 60
    killings per month, compared with fewer than 10 killings per month in
    2008, according to UNSRESAE Alston.
        While being pursued by the RDF and FARDC in January 2009, FDLR
    forces in Masisi Territory (North Kivu) blocked village roads and
    killed those who tried to flee. FDLR combatants also abducted scores of
    civilians as hostages, seemingly for use as ``human shields'' against
    the impending attack; however, when the hostages tried to escape as
    Umoja Wetu forces began attacking the FDLR's Kibua headquarters in
    January 2009, FDLR combatants shot and hacked to death many of them.
        In April 2009 the FDLR attacked the Mianga village in the
    Waloaluanda area. According to HRW, FDLR attackers decapitated the
    local chief and killed three other local authorities whom they accused
    of collaborating with the FARDC. Over the days that followed, the FDLR
    deliberately killed a further 41 civilians, injured many others, and
    then burned the village to the ground.
        In May 2009, machete-wielding FDLR combatants shot, hacked, and
    burned to death at least 96 civilians, including 25 children, in
    Busurungi, Waloaluanda (North Kivu), largely in retaliation for the
    killing of Rwandan Hutu refugees by FARDC soldiers at Shalio two weeks
    before. The FDLR attackers then destroyed Busurungi, burning to the
    ground 702 houses, three health centers, and several schools and
    churches, according to HRW.
        Between January and September 2009, the FDLR destroyed at least
    7,051 homes and other structures and perpetrated 290 cases of sexual
    violence in North and South Kivu in areas affected by military
    operations. According to HRW, in March 2009, in the Ziralo area of
    Kalehe Territory, seven FDLR combatants gang-raped a 60-year-old woman.
    When her daughter resisted being raped, the attackers shot and killed
    her.
        According to MONUSCO, from July 30 to August 2, 303 women,
    children, and men were raped in a systematic assault by the FDLR, in
    cooperation with other armed elements in Walikale territory, North
    Kivu.
        In 2009, scores of women were abducted and forced to serve as sex
    slaves in FDLR camps, where they were raped repeatedly for weeks or
    months at a time.
        According to the November report by the UNGOE, the FDLR seemed to
    have increased abductions and hostage-taking during the year and ransom
    demands were becoming more frequent.
        The FDLR took no credible action to investigate or address human
    rights abuses allegedly committed by its members, including FDLR
    members responsible for the following reported abuses: the 2008 killing
    of the village chief of Kilali, North Kivu; arbitrary execution of
    three civilians in Tchanishasha, South Kivu, in 2008; or the killing of
    three residents of Kabunga, North Kivu, in 2008.
        In its September 2009 report about abuses committed in Kiwanja,
    North Kivu, during and after clashes involving CNDP and Mai-Mai
    combatants in 2008, the UNJHRO highlighted testimonies it collected
    alleging that FDLR combatants executed seven individuals and raped four
    women in Kiwanja.
        Ituri District Militia Groups
        Despite the signing of a 2006 ceasefire agreement between militias
    in the Ituri District of Orientale, including the Front for National
    Integration (FNI), the Congolese Revolutionary Movement, the FRPI, and
    the Government, the FRPI refused to participate in the peace process
    and was implicated in abuses committed against civilians in Ituri
    District during the year.
        As the FARDC's Iron Stone operation in Ituri, Orientale, continued,
    Ugandan authorities arrested the leader of the FPJC, Sharif Manda on
    September 1.
        Abuses by militias in Ituri were more often acts of banditry,
    rather than politically or ethnically motivated violence.
        On August 9, the military tribunal in Bunia sentenced Kakado Banaba
    Yonga, spiritual leader for FRPI militia leader Colonel Cobra Matata,
    to life in prison for war crimes, including attacks against civilians,
    rape, and sexual slavery that he had committed.
        There were no credible reports of action taken by rebel leaders in
    Ituri District against those responsible for the following abuses: the
    2008 attack on villages in and around Lalo and Djurukidogo in Ituri
    District by FNI combatants, who burned children to death and kidnapped
    individuals; and attacks by FPRI members on local populations in Tchey
    and other villages of Orientale in 2008.
        No additional information was available regarding the case of Yves
    Kawa Panga Mandro, alias Chief Kawa, a former Ituri militia leader
    convicted in 2006 for crimes against humanity in 2003. In 2008, the
    Kisangani Court of Appeal, citing the 2005 amnesty law, acquitted Kawa.
    According to the UNJHRO, the appeals judge ruled that the prosecution
    had made a number of errors in the case. However, Kawa remained in
    detention in the CPRK prison in Kinshasa while the prosecutor appealed
    the decision of the appeals court to the High Military Court in
    Kinshasa.
        Mai-Mai
        Various Mai-Mai community-based militia groups in the provinces of
    South Kivu, North Kivu, and Katanga continued to commit abuses against
    civilians, including killings, abductions, and rapes. According to the
    UNGOE, the use of children as soldiers by Coalition of Patriots in the
    Congolese Resistance (PARECO) and other Mai-Mai groups in North Kivu
    Province was endemic.
        During the year various Mai-Mai groups continued to commit abuses
    against civilians, including the recruitment and use of children for
    use as soldiers. For example, according to MONUSCO, from July 30 to
    August 2, 303 women, children, and men were raped in a systematic
    assault by FDLR, Mai Mai Cheka, and ex-CNDP ex-FARDC Colonel Emmanuel
    in 13 villages around the Kibua area in Walikale territory, North Kivu
    (see above in section 1.g.). According to the UNGOE report of November,
    Mai Mai Cheka ``is a creation of a criminal network within the FARDC,''
    and in August a FARDC officer was arrested for his failure to combat
    the militia (see section 1.d.).
        On October 5, Mai Mai Cheka deputy commander Lieutenant Colonel
    Mayele, one of the suspected perpetrator of the rapes, was surrendered
    by his commander and taken into custody by MONUSCO.
        Fighting between some Mai-Mai groups and the FARDC continued during
    the year, displacing persons and causing insecurity.
        Authorities took no action against PARECO combatants, who allegedly
    raped a woman, stabbed a 17-year-old girl, and arbitrarily executed six
    other civilians during an attack on Luwuzi, North Kivu, in 2008.
        In its September 2009 report about abuses committed in Kiwanja,
    North Kivu, during and after clashes involving CNDP and Mai-Mai
    combatants in 2008, the UNJHRO highlighted evidence of two civilian
    deaths and 50 persons injured during the combat. In addition, the
    report included testimonies alleging that, outside the context of
    combat, Mai-Mai combatants killed at least one civilian and abducted
    several persons in Kiwanja. The UNJHRO also concluded that the CNDP
    committed targeted executions of civilians (see preceding subsection on
    CNDP abuses).
        There were no further developments in the trial of Katanga Mai-Mai
    leader Gideon for war crimes and crimes against humanity.
        Allied Democratic Forces/National Army for the Liberation of Uganda
    (ADF/NALU)
        In June the FARDC launched Operation Ruwenzori against the ADF, an
    Islamist Ugandan-led group that has been operating in the eastern part
    of the country since the late 1990s.
        MONUSCO officials reported that members of ADF/NALU engaged in
    petty theft and extortion.

        Lord's Resistance Army (LRA).--The LRA moved away from the DRC's
    Garamba National Park (Orientale Province) to eastern Central African
    Republic (CAR); however, several elements remained in northeastern DRC.
    The LRA was responsible for killing, raping, and kidnapping hundreds of
    persons in the DRC, CAR, and Sudan as it continued to seek the
    overthrow of the Ugandan government. The LRA continued to hold children
    it had forcibly abducted.
        Between February 2009 and August 2010, the LRA abducted an
    estimated 650 persons, including children and women, and continued to
    cause displacement in Orientale.
        Rudia II, the FARDC-led operation against the LRA, continued in
    cooperation with the Ugandan People's Defense Forces and with
    logistical support from MONUSCO. LRA attacks continued throughout the
    year, resulting in executions, abductions, and sexual violence,
    although the level and intensity of the attacks decreased as the group
    fragmented into smaller units.
        Between February 1 and 13, LRA combatants killed 76 persons in
    fishing villages throughout Niangara Territory in Orientale, according
    to HRW. On February 26, LRA elements killed at least 80 persons in
    Kpanga, Niangara Territory.
        During a four-day period in December 2009, the LRA killed 321
    civilians and abducted at least 250, including at least 80 children, in
    the Makombo area of Haut Uele.
        There were no credible attempts by LRA leaders to prevent abuses or
    punish combatants for past abuses.
        The LRA continued to attack local villages and forced citizens to
    flee in Ango, Dungu, Niangara, and Faradje Territories, Orientale. The
    UNHCR estimated that there were more than 390,000 internally displaced
    persons in the territory as ofAugust 31.

        Abuses by Foreign Powers.--On October 1, the UNOHCHR issued the
    report of a mapping exercise documenting alleged atrocities committed
    in the country in the decade between March 1993 and June 2003. The
    report described more than 600 incidents that allegedly took place in
    the country over the 10-year period, raising serious allegations of
    brutal and horrific mass killings, rape and other abuses during the
    period in question believed to have been committed by armed forces and
    other non-state groups from Angola, Burundi, Rwanda, Uganda and
    Zimbabwe. The report also described allegations of human rights abuses
    by Congolese armed entities. The DRC government responded in writing to
    the UNOHCHR report and also began considering the creation of mixed
    chambers to prosecute these alleged crimes (see sections 1.e. and 5).

        Abuses by UN Peacekeepers.--A number of sexual exploitation and
    abuse (SEA) cases by MONUSCO peacekeepers were under investigation.
    MONUSCO reported that the number of the most serious SEA allegations
    decreased from 37 in 2009 to 33 during the year. MONUSCO repatriated 11
    contingent members during the year on disciplinary grounds, a
    significant drop from the 33 sent home in 2009.
    Section 2. Respect for Civil Liberties, Including:

        a. Freedom of Speech and Press.--The law provides for freedom of
    speech and of the press; however, the Government restricted these
    rights in practice, and freedom of the press declined during the year.
    The Government intimidated journalists and publishers into practicing
    self-censorship. In September, 29 members of a worldwide coalition of
    press freedom groups expressed concern about the ``constant decline in
    the climate for journalists and steadily shrinking space for free
    expression'' in the country in advance of the 2011 presidential
    election. In an open letter, the 31 members of the International
    Freedom of Expression Exchange (IFEX), including the Media Institute of
    Southern Africa and Congolese NGO Journalist in Danger, called on
    President Kabila to declare a moratorium on imprisoning journalists on
    charges of defamation or insulting the authorities. IFEX also called
    for the rapid creation of the proposed Higher Council for Broadcasting
    and Communication (CSAC) to ensure candidates would have equitable
    access to state-owned media in 2011.
        Following an assessment visit to the country in June 2009, Margaret
    Sekaggya, the UN special rapporteur on human rights defenders, said
    journalists and other human rights defenders ``face illegitimate
    restrictions of their right to freedoms of opinion and expression'' and
    underscored that the country's ``defenders, in particular journalists,
    who report on human rights abuses committed by state and nonstate
    actors, are killed, threatened, tortured, or arbitrarily arrested and
    their offices raided.''
        Generally individuals could privately criticize the Government, its
    officials, and private citizens without being subject to official
    reprisals. However, public criticism of government officials and
    government conduct or decisions regarding issues such as conflict and
    insurgencies, management of natural resources, or corruption sometimes
    resulted in harsh responses, often from the ANR, the intelligence
    service under the president's control. For example, on April 11, ANR
    officials arrested Antenne A-TV journalists Jean-Denis Bankonga and
    Jean-Louis Miasuekama at their office and held them in detention for
    three hours. Officials had wanted to arrest the station's information
    director for announcing that the Government had set up a commission to
    negotiate with the Enyele insurgents on April 8.
        Authorities took no action against the responsible ANR agents in
    Goma who, in 2008, arbitrarily arrested, detained, and mistreated for
    several days a member of the Union for Democracy and Social Progress/
    Goma for discussing politics with local citizens.
        A large and active private press functioned throughout the country,
    and the Government licensed a large number of daily newspapers to
    publish. The Government required every newspaper to pay a license fee
    of 250,000 Congolese francs (approximately $280) and complete several
    administrative requirements before publishing. Many journalists lacked
    professional training, received little, if any, salary, and were
    vulnerable to manipulation by wealthy individuals, government
    officials, and politicians who provided cash or other benefits to
    encourage certain types of articles. Many newspapers remained critical
    of the Government, and many others showed bias toward it or supported
    particular political parties. The Government press agency published the
    Daily Bulletin that included news reports, decrees, and official
    statements.
        Radio remained the most important medium of public information due
    to limited literacy and the relatively high cost of newspapers and
    television. More than 350 privately owned radio and television stations
    operated independently, according to the transitional state media
    regulatory body. The state owned three radio stations and three
    television stations, Congolese National Radio-Television (RTNC) 1, RTNC
    2, and a channel that broadcast parliament sessions live. The UN
    operated Radio Okapi, which was the only nationwide radio network. The
    president's family also owned and operated television station Digital
    Congo. Political parties represented in the Government could generally
    gain access to RTNC.
        State security forces did not generally arrest or harass foreign
    journalists; however, in 2009 government authorities imposed an
    indefinite suspension on broadcasts by Radio France Internationale
    (RFI). RFI's broadcasting signal was restored across the country on
    October 12 and was allowed to open a local office and appointed an
    foreign journalist. Government authorities informed foreign journalists
    that the military code of justice (criminal penalties, including
    imprisonment) would be applied to any foreign journalists who committed
    press offenses, causing international journalists to express concern
    over their ability to report on sensitive subjects such as the conflict
    in the east and corruption.
        During the year security force members killed a journalist. In
    North Kivu, on April 5, armed men in military uniform killed Patient
    Chebeya, a journalist-cameraman for the RTNC, at the entrance of his
    home in the eastern city of Beni. According to Chebeya's wife, the
    gunmen told Chebeya they had come to kill him and seized videotapes,
    mobile phones, and money. On April 17, the Military Garrison Tribunal
    of Beni convicted a sub-lieutenant and an adjutant of the 1113th FARDC
    Battalion for his murder, sentencing them to the death penalty and
    financial payments of $75,000 and restitution of the stolen property.
        In 2008 unknown assailants in Bukavu shot and killed Didace
    Namujimbo, a journalist for Radio Okapi. On May 4, the Military
    Tribunal in Bukavu sentenced two soldiers and a civilian to death for
    the journalist's murder, and condemned seven others to prison terms
    ranging from seven months to five years.
        State security forces beat, arbitrarily arrested, harassed, and
    intimidated local journalists because of their reporting. For example,
    in April Jullson Eninga, publishing director of Le Journal, was
    arrested in Kinshasa for publishing an FDLR newsletter, but was
    acquitted of all charges on September 6.
        On July 27, PNC officers in Kinshasa arbitrarily arrested Pascale
    Mulunda, editor of Le Monitor, a weekly newspaper, for allegedly
    committing libel when reporting on June 23 the alleged corruption by an
    official within the Ministry of Mines. The arrest was made following a
    complaint filed by the official. In addition, the editor of Le
    Barometer, Jeff Saile, reportedly went into hiding after receiving
    anonymous telephone threats following his reporting on the alleged
    corruption. Mulunda was released three weeks after his arrest. By
    year's end, no additional information was available regarding Saile.
        On July 28, soldiers broke into Radio Moto-Oicha in Beni, North
    Kivu, and apprehended and beat a radio technician. There were no
    reports of authorities disciplining those responsible for the break-in
    and beating.
        On December 17, ANR agents arrested Robert Shemahamba, director of
    Radio-Television Communautaire Mitumba, which broadcast in Uvira, South
    Kivu. ANR agents arrested him after he refused to be questioned without
    a lawyer, according to the Committee to Protect Journalists (CPJ). ANR
    agents held him without charge for 11 days. The agents arrested
    Shemahamba following the broadcast of a December 12 program in which
    three opposition politicians criticized Ulvira municipal officials for
    alleged mismanagement. The country's communications minister told CPJ
    he had protested the arrest and called for the Ministry of Interior to
    resolve it. After protesting his confinement in a cell with no light,
    Shemahamba was eventually transferred on December 24 from Uvira to a
    detention center with slightly better conditions in Bukavu, where he
    was later released.
        Also in late December, ANR agents sought journalist Dominique
    Kalonzo, who had participated in the same December 12 program. Kalonzo,
    a correspondent in Uvira for the privately owned Radio Maendeleo, based
    in Bukavu, went into hiding for a week, according to CPJ. On December
    26, in Uvira, Kalonzo was reportedly injured in an altercation with ANR
    agents sent to arrest him; he was subsequently taken to a health centre
    in Uvira. According to domestic press freedom watchdog Journalist in
    Danger (JED), Kalonzo left the hospital in the company of two
    unidentified individuals who visited him. At year's end, his
    whereabouts were unknown, and no additional information was available.
        In its annual report on press freedom, JED documented seven cases
    of assault against journalists during the year, which represented a
    decrease in the number of attacks on journalists compared with 2009.
    However, the number of cases of incarcerations of journalists rose from
    three in 2009 to 17 during the year.
        There were no reports of authorities taking action in the following
    cases of press freedom abuse from 2009: the March arrest of journalist
    Coco Tanda (and representatives of local NGOs) in relation to a
    political protest; the March beating of Radio Okapi reporter Kathy
    Katayi by PNC officers in Kananga, Kasai Occidental; and the August
    assault of Radio Okapi reporter Paulin Munanga in Lubumbashi.
        Authorities took no action against Kinshasa police officers who in
    2008 arrested reporter Maurice Kayombo from Big Stakes magazine and
    detained him for 34 days for reporting ``damaging allegations'' against
    Christophe Kanionio, secretary-general of the Mining Ministry.
        No action was taken against the ANR agents who arrested and
    questioned five journalists from the privately owned television station
    Raga TV in Kinshasa in 2008.
        No action was taken against the ANR agents who in 2008 raided the
    privately owned television station Tele Kindu Maniema and arrested
    program host Mila Dipenge and a cameraman, both of whom were released
    the following day.
        Authorities took no action against Mai-Mai militiamen who in 2008
    kidnapped and robbed Belgian journalist Thomas Scheen, his interpreter
    Charles Ntiricya, and his driver Roger Bangue in Kiwanja, North Kivu,
    before eventually releasing them.
        In November 2009 the UNJHRO released a report on a 2008 appeals
    trial that upheld a death sentence for three civilians convicted of the
    2007 murder of Radio Okapi journalist Serge Maheshe in Bukavu, South
    Kivu. The report noted ``numerous breaches of the fundamental guarantee
    of the right to a fair trial.'' The report also highlighted the court's
    refusal to investigate other credible leads and motives for the
    killing, its refusal to order further investigation, and its refusal to
    order an autopsy or a ballistics test. The appeals trial acquitted two
    of Maheshe's friends who were found guilty at the original trial; in
    2007 the alleged gunmen recanted their accusations against Maheshe's
    friends, claiming the military court had bribed them to make the
    accusation.
        The National Media Regulatory Commission, a quasi-governmental
    organization mandated by the earlier transitional constitution,
    continued to operate in the absence of a successor body.
        President Kabila signed a law establishing the CSAC in December
    2009; however, the Supreme Court ruled the law unconstitutional because
    it offered blanket protection from criminal prosecution to CSAC board
    members. At year's end parliament was revising the law.
        During the year national and provincial governments continued to
    use criminal defamation and insult laws to intimidate and punish those
    critical of the Government.
        For example, during coverage of the controversy in March 2009 over
    National Assembly president Kamerhe, there was a temporary interruption
    of broadcasts by multiple channels as well as harassment of newspaper
    street vendors by police.
        In August 2009 Bruno Koko Chirambiza, a journalist with Radio Star
    in Bukavu, was killed by bandits while on his way home from a wedding.
    His friend, who was present during the attack and escaped unharmed, was
    arrested. The trial began in December 2009. No additional information
    was available.
        According to JED's annual report on press freedom, released in May,
    there was a 16 percent increase in press freedom abuses, such as
    murder, assault, arbitrary arrest and detention, threats, and illegal
    sanctions or censorship, during the year compared with 2009. JED
    underscored that following a series of killings of journalists since
    2005, journalists have become afraid to address sensitive topics, such
    as the war in the east and corruption. JED emphasized that economic and
    political pressure restricted press freedom and expressed concern about
    the continuing trend of politicians and government officials hiring
    journalists as advisors.
        During the year radio journalists, particularly those in Bukavu,
    South Kivu, continued to fear for their safety. Journalists often
    received anonymous death threats from callers, and many journalists
    continued to be concerned by the lack of serious investigation and
    judicial action by authorities against the perpetrators responsible for
    multiple journalist killings in the country since 2005.

        Internet Freedom.--The Government did not restrict access to the
    Internet or monitor e-mail or Internet chat rooms. Individuals and
    groups could engage in the peaceful expression of views via the
    Internet, including by e-mail. There were no known government attempts
    to collect, request, obtain, or disclose the personally identifiable
    information of a person in connection with that person's peaceful
    expression of political, religious, or ideological opinion or belief.
    Private entrepreneurs made Internet access available at moderate prices
    through Internet cafes in large cities throughout the country.
    According to the 2009 report of the International Telecommunication
    Union, 0.55 percent of the population used the Internet.

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

        b. Freedom of Peaceful Assembly and Association.--Freedom of
    Assembly.--The constitution provides for freedom of peaceful assembly;
    however, the Government sometimes restricted this right.
        The Government required organizers of public events to register
    with local authorities in advance; to deny authorization, authorities
    must do so in writing within five days of being notified of the planned
    event. State security forces often acted against unregistered protests,
    marches, or meetings.
        On occasion, permission to hold demonstrations was denied; for
    example, in June, domestic NGOs that had intended to hold a
    demonstration related to the killing of leading activist Floribert
    Chebeya were not allowed to do so.
        State security forces occasionally arrested demonstrators. For
    example, on April 12, police arrested five members of the opposition
    party Union for Democracy and Social Progress (UDPS) who were
    protesting the anticipated constitutional revision. In addition, on
    April 24, police beat UDPS members who were gathered to celebrate the
    20th anniversary of the Government's decision to abolish the one-party
    system. Also, on September 26, in Kinshasa, police arrested 27 members
    and supporters of the UDPS, citing public disorder during an
    unauthorized political gathering. On September 30, all 27 were
    released.

        Freedom of Association.--The constitution provides for freedom of
    association; however, in practice the Government sometimes restricted
    this right. During the year several domestic NGOs were denied
    authorization to operate (see section 5).

        c. Freedom of Religion.--For a complete description of religious
    freedom, please see the 2010 International Religious Freedom Report at
    www.state.gov/g/drl/rls/irf/rpt.

        d. Freedom of Movement, Internally Displaced Persons, Protection of
    Refugees, and Stateless Persons.--The law provides for freedom of
    movement within the country, foreign travel, emigration, and
    repatriation; however, the Government sometimes restricted these
    rights.
        State security forces established barriers and checkpoints on
    roads, at ports, airports, and markets, ostensibly for security
    reasons, and routinely harassed and extorted money from civilians for
    supposed violations, sometimes detaining them until they or a relative
    paid. The Government forced travelers to pass through immigration
    procedures during domestic travel at airports, ports, and when entering
    and leaving towns and implemented a $36 fee for passengers traveling
    internally on MONUSCO flights.
        Local authorities continued to extort taxes and fees from boats
    traveling on many parts of the Congo River. There were also widespread
    reports of FARDC soldiers extorting fees from persons taking goods to
    market or traveling between towns.
        During the year there were reports of attempts by DGM officials to
    fine foreigners not carrying passports , although the law does not
    require foreigners to do so.
        Security services sometimes required travelers to present official
    travel orders from an employer or government official.
        The significant risk of rape by soldiers and nongovernmental armed
    entities, coupled with government inability to secure eastern
    territories, effectively restricted freedom of movement by women in
    many rural areas, particularly in the east (see section 1.g.).
        Passport issuance was irregular and often required payment of
    substantial bribes. The law requires a married woman to have her
    husband's permission to travel outside the country.
        The law prohibits forced exile, but the Government generally did
    not employ it.
        Beginning in June, PAREC, a government-sponsored NGO, began a
    series of voluntary deportations of demilitarized Rwandan FDLR
    combatants from North Kivu to Kisenge, Katanga Province, where the
    eventual 400 to 600 individuals were housed in an unused refugee camp.
    As a result of this relocation, the deportees were denied their freedom
    of movement to return to the east or indeed to leave the Kisenge camp
    at all. In July and August, several deportees fled to the nearby town
    of Kasaji, where PAREC and government authorities arrested them and
    deported them to Rwanda. By year's end the experiment in voluntary
    relocation proved a failure, and the Kisenge camp was closed with its
    internees transferred to UN-sponsored reintegration centers in North
    and South Kivu.

        Internally Displaced Persons (IDPs).--As of November 30, there were
    1.7 million IDPs in the country, including 589,000 in North Kivu,
    676,000 in South Kivu, and 389,000 in Orientale (see section 1.g.). The
    remainder of the IDPs were in Equateur and Katanga provinces.
        The Government did not provide adequate protection or assistance to
    IDPs, who were forced to rely heavily on humanitarian organizations.
    The Government generally allowed domestic and international
    humanitarian organizations to provide assistance to IDPs; however, lack
    of security and roads impeded their efforts. While the majority of IDPs
    in North Kivu stayed with relatives and friends, tens of thousands
    stayed in 31 ``spontaneous'' sites and camps managed by international
    NGOs and coordinated by the UNHCR. As of August 31, an estimated
    120,000 IDPs lived in churches and schools. Displaced women and
    children were extremely vulnerable to abuses by armed entities,
    including rape and forced recruitment.
        Operation Ruwenzori, which the FARDC launched in June without
    support from MONUSCO, continued to address the threat of the ADF/NALU
    in North Kivu. In July fighting between the FARDC and ADF/NALU created
    instability in the Beni territory of North Kivu. Humanitarian
    organizations estimated that between 20,000 and 70,000 persons were
    displaced during several weeks. In addition, the unstable security
    situation made providing humanitarian relief difficult, and on July 26,
    IDPs marched to protest the lack of food.
        IDPs in North Kivu were victims of abuses by all factions engaged
    in fighting, including the FARDC, and by other civilians. Abuses in
    camps around Goma included killings and death threats, particularly by
    demobilized fighters, as well as abduction and rape. According to
    UNICEF, in 2009 one third of the more than 1,100 women and girls raped
    per month in the east were in North Kivu, the majority of them IDPs.
    Some IDPs were also reportedly subjected to forced labor (see section
    1.g.).

        Protection of Refugees.--The country's laws provide for the
    granting of asylum or refugee status, and the Government has
    established a rudimentary system for providing protection to refugees.
    In practice it granted refugee and asylum status to individuals and
    provided protection against the expulsion or return of refugees to
    countries where their lives or freedom would be threatened on account
    of their race, religion, nationality, membership in a particular social
    group, or political opinion.
        The Government provided temporary protection to an undetermined
    number of individuals who may not qualify as refugees under the 1951
    Convention relating to the Status of Refugees and its 1967 Protocol.
        The Government cooperated with the UNHCR and other humanitarian
    organizations in assisting refugees and asylum seekers with welfare and
    safety needs. The Government provided assistance in enabling the safe,
    voluntary return of refugees to their homes by allowing their entry
    into the country and facilitating their passage through the immigration
    system. However, government authorities did not provide adequate
    security to refugees.
        From January to November 2009, Angola forcibly expelled 85,000
    illegal Congolese immigrants to Bas-Congo, and the DRC retaliated by
    forcibly expelling 30,000 Angolans, including those with refugee
    status. However, during the year smaller expulsions along the entire
    border between the two countries continued. While most expulsions were
    conducted peacefully in 2009, abuses during expulsions by state
    security forces of both countries occurred during the year. According
    to the UNJHRO, between January 1 and February 23, 9,205 Congolese were
    allegedly expelled from Angola, including 1,943 women, of whom 304 were
    allegedly raped by Angolan security forces. Congolese security forces
    committed 23 documented and verified rapes of expelled Congolese women
    on Congolese soil. Authorities had arrested one lower-level FARDC
    officer for the rapes by year's end.
    Section 3. Respect for Political Rights: The Right of Citizens to
            Change Their Government
        The constitution provides citizens the right to change their
    government peacefully, and citizens exercised this right in practice
    through credible presidential, parliamentary, and provincial elections
    based on universal suffrage.

        Elections and Political Participation.--Presidential and
    parliamentary elections in June 2006 and a presidential runoff in
    October 2006 were judged to be credible by the Carter Center and the EU
    Observer Mission. According to the UN secretary-general's December 2009
    report to the UN Security Council, the Senate nominated two members to
    participate in an ad hoc committee to develop recommendations on
    constitutional reforms, including a review of presidential term limits,
    the decentralization process, and the judiciary. As of year's end,
    there was no further action.
        During the year the voter registration process for planned
    elections resumed, starting in Bas Congo; however, the national voter
    registration process was slow and hampered by security problems and
    lack of resources.
        In July President Kabila promulgated the law on the National
    Independent Electoral Commission (CENI), adopted under the National
    Assembly. Under the law, the National Assembly was to nominate seven
    members of the commission, four from the ruling party coalition, AMP,
    and three from the opposition. The legislation needed to finalize
    nominations had not been adopted by year's end.
        In August the Independent Electoral Commission (CEI) published a
    new electoral calendar. According to the calendar local elections that
    had been repeatedly postponed were scheduled to take place in 2012-13;
    the next presidential and legislative elections were scheduled for
    November 2011.
        As envisioned under the constitution, parliament passed the
    decentralization law in 2008, but other crucial pieces of legislation
    to support the decentralization process were pending, resulting in the
    constitutional deadline for decentralization passing without government
    action to institute it.
        Uncertainty remained over the decentralization process. The
    constitution provides for the establishment of 26 provinces to replace
    the 11-province structure. Administrative powers and financial
    resources are to be transferred to the new provinces to allow them to
    assume their new responsibilities. The constitution, which defines a
    timetable for these steps, specifies that the new territorial
    boundaries were to come into force 36 months after the Senate took
    office, in May. However, the boundaries had not come into force, and
    only four of the 13 decentralization laws, had been adopted and
    promulgated by year's end.
        In July President Kabila promulgated the law on the CENI, the
    permanent electoral body that replaced the CEI. Civil society expressed
    disappointment with the law because it does not provide for civil
    society participation in the CENI.
        Beginning in 2009 and continuing throughout the year, press reports
    indicated that the Government exerted pressure on MONUC and the UN
    Security Council to begin withdrawing the peacekeeping force from the
    country. According to the UN secretary-general's December 2009 report
    to the UN Security Council, President Kabila requested the UN to submit
    a proposal, including a calendar, for the progressive drawdown of
    MONUC, based on the evolution of the security situation. The calendar
    and the modalities of the drawdown were to be agreed by the Government
    and the UN. UN officials, foreign diplomats, and NGOs expressed
    numerous concerns over the prospect of a premature MONUC withdraw. Some
    of the concerns related to whether, during an ongoing and fragile peace
    process, peaceful and credible national elections could be held without
    the kind of logistical and security assistance that MONUC provided for
    the national elections of 2006, the country's first democratic
    elections in more than 40 years.
        The law on the status and rights of the political opposition
    recognizes opposition parties represented in parliament as well as
    those outside it and provides for their right to participate in
    political activities without fear of retribution. During the year
    political parties were able to operate most of the time without
    restriction or outside interference; however, there were notable
    exceptions. Opposition members were sometimes harassed (see section
    2.a.)
        In 2008 police killed numerous BDK supporters during violent
    clashes in Bas-Congo and systematically destroyed BDK meeting places
    (see section 1.a.). The 2008 HRW report, We Will Crush You: The
    Restriction of Political Space in the Democratic Republic of the Congo,
    concluded that since the 2006 national elections, the Government has
    used violence and intimidation to eliminate its political opponents and
    restrict democratic activity. The report drew from hundreds of
    interviews with government officials, diplomats, political detainees,
    and members of civil society.
        Between 2005 and 2008 the proportion of seats held by women in
    parliament decreased from 12 percent to 8 percent. Women held 50 of 500
    seats in the National Assembly and 43 of 690 seats in the provincial
    assemblies. Four of the 108 senators were women. Among the 45
    government ministers and vice ministers, five were women.
        Many ethnic groups, including Pygmies, were not represented in the
    Senate, the National Assembly, or provincial assemblies. The lack of
    political participation of some ethnic groups may have been a result of
    continuing societal discrimination. The enslavement and discrimination
    of Pygmies continued in some areas of the country (see section 5).
        In March 2009 seven UN special rapporteurs and representatives
    reported to the UNHRC that Kinyarwandan-speaking Congolese living in
    the eastern part of the country or as refugees in neighboring countries
    continued to experience difficulty in acquiring Congolese nationality,
    despite a 2004 nationality law that nominally granted nationality to
    members of this group. This situation, which made it difficult for them
    to obtain electoral cards, along with majority-voting systems and the
    particular tailoring of voting districts, continued to contribute to a
    disproportionately low number of minority candidates elected to office.
    In their March 2009 report to the UNHRC, the seven UN special
    rapporteurs and representatives recommended that the Government launch
    a campaign in the east to provide national identification and electoral
    cards to anyone qualifying for nationality under the 2004 nationality
    law and that implementation be guided by a presumption that ``those who
    currently live [in the DRC], or have lived in the DRC prior to the
    armed conflict are considered nationals of the DRC.''
    Section 4. Official Corruption and Government Transparency
        The law provides criminal penalties for official corruption.
    However, the authorities did not implement the law, and corruption
    remained endemic throughout the Government and state security forces.
    The public perceived the Government to be widely corrupt at all levels.
    According to the World Bank's Worldwide Governance Indicators, official
    corruption was a severe problem.
        Corruption in the judicial and penal systems continued to be severe
    (see sections 1.c. and 4).
        In rural areas, where there were often no courts within a 300-mile
    radius, justice was administered on an ad hoc basis by any available
    authority, creating extraordinary opportunities for corruption and
    abuse of power. During the year some observers asserted that members of
    both the executive and legislative branches were content to keep the
    judiciary weak and ineffective because it protected their power and
    allowed them to engage in corruption and abuse of power without
    consequence.
        Weak financial controls and lack of a functioning judicial system
    encouraged officials to engage in corruption with impunity. Many civil
    servants, police, and soldiers had not been paid in years, received
    irregular salaries, or did not earn enough to support their families,
    all of which fostered corruption. Embezzlement of soldiers' salaries by
    FARDC commanders was common and appeared to contribute to extortion,
    looting, and other abuses by soldiers against citizens (see section
    1.d.).
        Reports indicated that the mining sector continued to lose millions
    of dollars as a result of official corruption at all levels, including
    illegal exploitation of minerals by the FARDC and nongovernmental armed
    entities in the east (see section 1.g.).
        In September 2009 the Senate estimated that more than $1.2 billion
    dollars of gold--approximately 40 tons--was exported fraudulently from
    the country every year and that, in the east, 80 percent of the
    minerals extracted were being traded illegally. The UNGOE established
    that ``the level of fraudulent mineral exports to neighboring states
    has escalated significantly since 2008 and particularly since the
    rapprochement between Kinshasa and Kigali [Rwanda] since January
    2009.''
        In its November 2009 report to the UN Security Council, the UNGOE
    documented ``fundamental irregularities'' in the international gold
    trade between the DRC, Uganda, Burundi, and the United Arab Emirates,
    and gathered evidence of ``inconsistent and incomplete customs
    declarations and procedures, as well as a lack of adequate control
    procedures by government customs and mining authorities.'' The UNGOE
    ``received strong indications of high-level protection and in some
    cases complicity in the illicit gold trade by government officials.''
    It made several recommendations concerning the Government,
    international corporations, and the UN Security Council (see section
    1.g.).
        During 2009, the Government continued its review of 61 mining
    contracts negotiated from 1997 to 2002. The review had been marred by
    numerous delays and a lack of transparency. In 2008 the Government
    reached new agreements with all but six of the companies under review,
    and in November 2009 it formally announced the completion of the
    process. The Government reached agreement on the one outstanding
    contract late in the year.
        There continued to be an Ethics and Anticorruption Commission, but
    it had little effect during the year and lacked resources,
    independence, and credibility. It last convened in 2007 without any
    significant results or findings.
        Government authorities and wealthy individuals at times used
    antidefamation laws that carry criminal punishments to discourage media
    investigation of government corruption (see section 2.a.).
        The law requires the president and ministers to disclose their
    assets to a government committee. President Kabila and all ministers
    and vice-ministers did so during the year.
        The law does not provide for public access to government-held
    information. In practice the Government did not grant access to
    government documents for citizens or noncitizens, including foreign
    media.
        In 2008 the country was accepted as a candidate in the Extractive
    Industries Transparency Initiative (EITI), an international voluntary
    initiative designed to increase transparency in transactions between
    governments and companies in the extractive industries. Although the
    Government took some positive steps under EITI, including the
    establishment of a National EITI Committee, publication of the first
    report on EITI in the country, and the hiring of an independent auditor
    to carry out validation of the EITI process, the country did not meet
    its March 9 validation deadline. In December the EITI secretariat
    granted the country a six-month extension to complete validation.
        In his press statement in October 2009 UNSRESAE Alston highlighted
    one of the factors he found to be contributing to corruption and the
    lack of financial accountability in the country, as well as other,
    broader human rights problems. According to Alston, ``one of the most
    troubling overall issues in the DRC is the radical privatization of the
    state. The military is poorly paid and often not paid at all, but it is
    understood that soldiers will extract their own rewards from the
    community, through extortion and theft...Healthcare and education are
    outsourced to international agencies...The privatization phenomenon
    relieves most of the pressure for fiscal reform and accountability. The
    Government needs only to find resources for itself. Until the problem
    is confronted robustly, the ability of the state to provide security,
    ensure justice, and respect human rights will continue to erode
    dramatically. And the billions of dollars provided by the international
    community will have yielded no sustainable institutional framework.''
    Section 5. Governmental Attitude Regarding International and
            Nongovernmental Investigation of Alleged Violations of Human
            Rights
        A wide variety of domestic and international human rights
    organizations investigated and published findings on human rights
    cases. However, state security forces continued to harass, beat,
    intimidate, and arbitrarily arrest and detain local human rights
    advocates and NGO workers, and government intimidation of domestic
    human rights defenders worsened. In addition prison officials
    consistently denied access by NGOs and UN officials to detainees in
    certain types of facilities. The Government continued to allow
    international humanitarian agencies access to conflict zones, permit
    many UN human rights officers to investigate abuses, and invite UN
    special rapporteurs and representatives to visit the country during the
    year to assess the human rights situation and provide technical
    assistance. However, the Government took no significant steps to
    implement their recommendations. In addition there was an increase in
    instances in which authorities, particularly state security forces,
    obstructed the work of UN human rights monitors and special
    rapporteurs, and--in some instances--FARDC units in North Kivu made
    death threats against UN personnel.
        The main independent Kinshasa-based domestic human rights
    organizations included ASADHO, Voice of the Voiceless, Committee of
    Human Rights Observers, JED, and the Christian Network of Human Rights
    and Civic Education Organizations. Prominent independent organizations
    operating in areas outside Kinshasa included Heirs of Justice in
    Bukavu, Lotus Group in Kisangani, and Plus in Bunia, Ituri District.
        Officials from the Ministry of Justice and Human Rights met with
    domestic NGOs and sometimes responded to their inquiries. On March 29,
    the minister announced the creation of a liaison organization for
    consultation between the Government and human rights NGOs to monitor
    human rights and devise strategies to improve the situation. Scheduled
    to meet every two weeks, the first session was convened in September.
        There were reports that local officials required domestic NGOs
    seeking to register to pay bribes. During the year several domestic
    NGOs were denied authorization to operate, and NGOs needed
    authorization to hold demonstrations, despite constitutional provisions
    providing for freedom of peaceful assembly (see section 2.b.).
        Domestic human rights NGOs were particularly vulnerable to
    harassment, arbitrary arrest and detention, and other abuses by state
    security forces when reporting on--or supporting victims of--abuses by
    the FARDC, ANR, or other state security forces and when spotlighting
    the illegal exploitation of natural resources in the east.
        Between the evening of June 1 and the morning of June 2, one of the
    country's most prominent human rights activists, Floribert Chebeya
    Bahizire, was killed, after having been summoned on June 1 by Police
    Inspector General John Numbi, the head of the national police at police
    headquarters in Kinshasa. Chebeya's colleague Fidele Bazana Edadi, who
    reportedly drove Chebeya to the meeting with Numbi, went missing the
    same day and remained missing at year's end. Occurring just a few weeks
    before the country's 50th anniversary celebration, the killing, which
    some foreign diplomats deemed ``an assassination,'' prompted widespread
    public condemnation by the UN Secretary-General, the country's foreign
    assistance donors, and international and Congolese civil society,
    accompanied by calls for a joint commission of inquiry. The UN special
    rapporteur for extrajudicial killings judged that Chebeya was ``killed
    in circumstances that strongly suggest official responsibility.'' In
    early June a PNC member reportedly told the media that the death
    appeared to be a sex-induced heart attack linked to erectile
    dysfunction pills and used condoms found alongside Chebeya's body,
    inside his car. The Economist magazine judged that ``it could be a
    cover-up,'' particularly since Chebeya, long a critic of arbitrary
    arrests and political repression, had received death threats and feared
    for his life shortly before his death. By June 6, the Government had
    announced the suspension of Inspector General Numbi pending an
    investigation, although no charges were brought against him by year's
    end. In addition, authorities detained several policemen, including the
    deputy head of the intelligence services, Major Daniel Mukalay, at a
    Kinshasa prison in connection with the case. At least one policeman
    reportedly confessed to taking part in the killing; however, UN human
    rights monitors were not allowed access to the detainees, and the
    investigation was criticized for being flawed and a ``political
    response.''
        In June the Government accepted a Dutch government offer to conduct
    an autopsy of Chebeya's body. On July 8, a joint Dutch-Congolese
    forensic team reported that the autopsy was inconclusive and it could
    not determine the cause of death. The autopsy report mentioned that a
    pre-existing heart condition may have contributed to his demise. While
    the results did not show conclusive evidence of murder, there were
    minor signs of violence and superficial cuts and some bleeding around
    the wrists, forearms, and legs caused by an external source, and
    indications that he could have been handcuffed shortly prior to his
    death. Observers, including UN officials in the country and foreign
    diplomats, expressed concern over an investigation, run by the military
    prosecutor general, that appeared to lack independence and credibility.
    Aside from the Dutch autopsy assistance, the international community's
    offers to provide assistance to the investigation were declined.
        In August almost 80 local and international NGOs called on the
    minister of justice to establish an independent international
    commission of inquiry into the killing, although no such commission had
    been formed by the end of the year. The NGOs also reported that despite
    Numbi's suspension, he continued to attend some official meetings and
    conduct work from his residence. On October 2, Minister of Justice
    Luzolo Bambi announced that the trial would commence shortly, with an
    arraignment hearing open to the public on November 23 and several
    hearings throughout the month of December. Numbi was not among those on
    trial, and while the proceedings were considered to be transparent,
    local and international NGOs continued to call for an international
    commission of inquiry at year's end due in part to what they viewed as
    the justice system's inability to try the main suspect. The trial
    proceedings were ongoing at year's end.
        On June 8, in Kisengo, Katanga Province, a human rights defender
    was subjected to cruel, inhuman or degrading treatment by PNC agents
    after having denounced the mistreatment of persons that were detained
    at PNC facilities.
        Also on June 8, in Maniema Province, police arbitrarily arrested a
    human rights defender and subjected the defender to cruel, inhuman or
    degrading treatment after the defender had denounced the unlawful
    arrest of civilians.
        In July 2009 ANR agents in Katanga arbitrarily arrested and
    detained Golden Misabiko, president of the Katanga Province chapter of
    ASADHO, after ASADHO published a report implicating the provincial
    government in the illegal trade of uranium from the province's
    Shinkolobwe mine. Provincial authorities accused Misabiko of serious
    crimes, including defamation and threats against national security.
    Authorities detained Misabiko for two months in poor detention
    conditions despite appeals for release because of a preexisting heart
    condition. In September 2009 a criminal court in the Katangan capital
    of Lubumbashi found Misabiko guilty, based on limited evidence, of
    deliberately publishing false information and sentenced him to an
    eight-month suspended prison sentence followed by four months'
    confinement in the Kasapa central prison. Some observers expressed
    concerns about the fairness of the trial. Prior to the time of his
    sentencing, Misabiko fled and remained outside the country at year's
    end. An appeal was filed on his behalf but its status was not clear at
    year's end.
        During the night of June 29, unknown gunmen in military uniforms
    killed human rights activists Salvator Muhindo in Beni. Authorities had
    taken no action by year's end (see section 1.a.).
        In August FARDC soldiers kidnapped and badly beat a civil society
    leader after he sent a letter to the president asking for justice (see
    section 1.c.).
        No additional information was available regarding the trial of
    members of domestic NGO Friends of Nelson Mandela for the Defense of
    Human Rights, including its president, Robert Ilunga Numbi, on charges
    of rebellion, civil disobedience, and defamation. Authorities granted
    him provisional release in October 2009. Human rights organizations
    believed authorities arrested him because he criticized working
    conditions in a company owned by individuals with strong connections to
    the Government.
        Authorities took no known action against FARDC soldiers who in 2008
    arbitrarily arrested, beat, and temporarily detained the president of
    the local human rights association in Mambassa, Orientale.
        Authorities took no known action against the territorial
    administrator in Punia, Maniema, who, according to the UNJHRO, issued
    death threats in 2008 against human rights activists who had accused
    local authorities of complicity in the 2002 massacre by RCD combatants
    of 13 civilians.
        Authorities took no known action against ANR agents, who in 2008
    threatened a human rights activist in Tshimbulu, Kasai Occidental, when
    she sought information about a case of arbitrary arrest and detention.
        In March gangs of young men issued threats against an international
    human rights organization in North Kivu, causing the organization to
    suspend their activities in the region.
        In 2009 domestic human rights NGOs, including one that identified
    and liberated child soldiers from FARDC units and nonstate armed
    entities, received death threats from unidentified individuals. For
    example, in December 2009 seven members of local human rights NGOs and
    three members of the UNJHRO in Kalemie, Katanga, received anonymous
    telephoned death threats. MONUC offered to help investigate and urged
    the Government to take all necessary action to ensure the security of
    human rights NGOs and MONUC staff.
        The Government generally cooperated with international NGOs that
    published reports on human rights and humanitarian issues and permitted
    their investigators access to conflict areas; however, the Government
    did not take adequate steps to protect international human rights NGOs
    from violence or harassment in the east. In January FARDC soldiers
    attacked a UN vehicle; however, no additional information was
    available.
        On March 15, FARDC soldiers fired upon a missionary vehicle in
    Ituri District, Orientale injuring one person. No further details were
    known.
        On April 9, Mai Mai Yakatumba members kidnapped eight members of an
    international human rights NGO before releasing them a week later.
        In several reports submitted in September 2009 to the UPRWG,
    international human rights NGOs underscored concerns for the treatment
    of human rights NGOs in the country. The International Foundation for
    the Protection of Human Rights Defenders (Front Line) criticized the
    Government for rarely conducting serious investigations of attacks
    against human rights defenders. Front Line also noted that a national
    plan for the protection and security of human rights defenders did not
    exist. Front Line and Amnesty International recommended that the
    Government protect the right of human rights defenders and lawyers to
    conduct their work without hindrance, intimidation, or harassment;
    ensure that abuses of activists or journalists were fully and promptly
    investigated; and prosecute those found responsible.
        The Government cooperated with multilateral organizations in many
    instances. However, there were some notable problems. While authorities
    continued to permit international humanitarian agencies access to
    conflict areas, authorities denied the agencies access to certain
    prisons located in these areas (see section 1.g.). They also continued
    to consistently deny UNJHRO officers access to detainees in facilities
    run by the ANR and the GR in numerous areas.
        In addition, there was an increase in cases of members of state
    security forces obstructing human rights work by MONUSCO and the UN
    human rights country team. During the year FARDC units in the east,
    comprised mainly of ex-CNDP members, consistently denied UNICEF child
    protection officers access to children in their ranks and sometimes
    threatened them (see section 1.g.).
        Several senior UN officials visited the country during the year,
    including a technical assessment team sent by UN secretary-general Ban
    Ki-moon and led by Under Secretary-General for Peacekeeping Alain Le
    Roy during part of its trip, the special representative of the UN
    secretary-General on sexual violence in armed conflict, Margot
    Wallstrom, and others.
        Released in October, the UNOHCHR's human rights mapping report
    identified options for addressing impunity in the country, including
    judicial mechanisms, truth-seeking, institutional reform and vetting,
    and reparations for victims. Deeming the report ``detailed and
    credible,'' the Government was mostly in favor of the report and
    initiated draft legislation in November on the creation of mixed
    chambers to prosecute these crimes.
        UN officials freely criticized actions by the Government during the
    year. In its March 2009 report to the UNHRC, a group of seven UN
    special rapporteurs and representatives made recommendations to the
    Government regarding impunity, security sector reform, child soldiers,
    women's rights, illegal exploitation of natural resources, the rights
    of displaced persons in relation to land disputes and elections, health
    care for marginalized groups, and the protection of human rights
    defenders.
        In June 2009, following an assessment visit at the invitation of
    the Government, the UN special rapporteur on the situation of human
    rights defenders, Margaret Sekaggya, issued a press statement
    underlining that government authorities continued to subject human
    rights activists to intimidation and harassment, mistreatment,
    arbitrary arrest and detention, and ``illegitimate restrictions of
    their right to core freedoms,'' including freedoms of movement, speech,
    and association. Sekaggya noted that government authorities and
    nonstate actors stigmatized human rights defenders as ``enemies'' or
    ``opponents.'' She stated that defenders were particularly endangered
    when supporting victims of serious abuses, most notably sexual
    violence; fighting impunity, particularly by supporting the work of the
    ICC; and denouncing the illegal exploitation of natural resources.
    Sekaggya expressed specific concern over ``the plight of women human
    rights defenders whose activities are often hindered by authorities and
    who may face discrimination from their male colleagues.''
        Sekaggya urged the Government to investigate and prosecute all
    abuses against human rights defenders and adopt national and provincial
    laws, in consultation with human rights NGOs, to protect human rights
    defenders. She added that the Government should openly ``give
    legitimacy to the work of human rights defenders, including women
    defenders, and acknowledge it as human rights work.'' Other
    recommendations for the Government included sensitization training for
    police and public condemnations of all attacks on rights workers.
    Sekaggya also recommended that MONUC increase the staffing and
    financial capacity of its human rights offices, and said the
    international community should help the Human Rights Ministry's
    programs and assist it in reestablishing offices in the provinces.
        On September 24, the UNJHRO released a preliminary report on the
    303 Walikale rapes that took place between July 30 and August 2 (see
    section 1.g.). The UNJHRO found that, although MONUSCO maintained a
    company operating base in the Kibua region during the incident, there
    was no Congolese interpreter, and in spite of receiving reports of some
    attacks, peacekeepers on patrols were unable to confirm the reports.
    According to the report, 80 new troops had arrived on July 27 and 28
    and had not yet received any training on civilian protection. The
    UNJHRO recommended that the Government deploy its forces against the
    rebel groups in these insecure zones, and that MONUSCO implement a
    permanent training on the mandate of civilian protection and clarify
    the tasks of the company and temporary operating bases providing the
    necessary resources.
        A November report by the UNGOE presented information on abuses
    committed by government security forces and RMGs in the east. The UNGOE
    highlighted that ``the involvement of criminal networks within the
    FARDC in the illegal exploitation of natural resources has created a
    conflict of interest with the army's constitutional security mandate.
    This involvement has led to pervasive insubordination, competing chains
    of command, failure to actively pursue armed groups, amounting in
    certain cases to collusion, and neglect of civilian protection.''
        The Government had not responded to several requests for
    information from various UN human rights monitoring bodies in the past.
    In addition, during the year the Government replied to a small
    percentage of communications, including urgent appeals, from UN special
    procedures (rapporteurs and representatives), according to the UNOHCHR.
    However, several members of the UPRWG commended the Government for its
    cooperation with the UNHRC in the Universal Periodic Review (UPR)
    process, including its submission of a report in September 2009 to the
    UNHRC following consultations with domestic NGOs.
        On September 3 a coalition of 220 Congolese human rights
    organizations issued a news release endorsing the UNOHCHR mapping
    report and requesting that appropriate judicial mechanisms be put in
    place to hold the perpetrators to account and bring justice for the
    victims. According to one human rights activist, ``[the report]
    responds to the lobbying we have done for a long time to re-establish
    moral equilibrium in Congolese society based on the noble ideas of
    justice, equality, peace, fraternity and national solidarity as defined
    by our constitution.''
        During the UNHRC's UPR process, numerous domestic human rights NGOs
    and the Government underscored the need to establish a national human
    rights commission, founded in law, distinct and separate from the
    legislature and judiciary, with a broad mandate to protect and promote
    human rights.
        In January 2009 parliament created a human rights body, composed of
    members from both legislative chambers, to investigate abuses by state
    security forces. It was not clear how active, effective, or independent
    the body was.
        During the year the Government cooperated in some aspects with the
    ICC, which continued investigations into war crimes and crimes against
    humanity committed in the country since 2003. However, despite the ICC
    indictment of General Ntaganda, the Government did not arrest and
    transfer Ntaganda to the ICC during the year.
        The UNJHRO reported that in 2008 authorities arrested Mathieu
    Ngudjolo, a former senior FNI commander, and transferred him to the ICC
    in The Hague. His war crimes and crimes against humanity charges
    included murder, sexual slavery, and using child soldiers in
    hostilities. During an ICC trial that opened in November 2009, Mathieu
    Ngudjolo and Germain Katanga both pleaded not guilty to charges that
    they directed an attack in 2003 on a village where 200 civilians were
    killed. The trial continued at year's end.
        Former Ituri militia leader Thomas Lubanga, whom the Government
    surrendered to the ICC in 2006, pleaded not guilty to various charges
    when the ICC began his trial in January 2009 for enlisting and
    conscripting child soldiers. The prosecution ended its case in 2009,
    and the trial was ongoing at year's end.
        The Government continued to cooperate with the International
    Criminal Tribunal for Rwanda (ICTR), which operated freely in areas
    under government control, seeking several individuals indicted for
    involvement in the 1994 Rwandan genocide, who they believed might be in
    the DRC. In September 2009 the Government transferred Gregoire
    Ndahimana, who had surrendered to authorities in August 2009, to the
    ICTR in Arusha, Tanzania.
    Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
        The constitution prohibits discrimination based on ethnicity,
    gender, or religion; however, the Government did not enforce these
    prohibitions effectively, in part because it lacked appropriate
    institutions.

        Women.--The law criminalizes rape, but the Government did not
    effectively enforce this law, and rape was common throughout the
    country and especially pervasive in conflict areas in the east. Between
    January and December 2009, the UNFPA reported 12,838 cases of sexual
    violence against both adults and minors in North and South Kivu and
    Province Orientale, with a total of 17,507 cases across the entire
    country. Acccording to the UN secretary-general's 27th report to the UN
    Security Council, more than 1,100 women and girls were raped each month
    in the east alone (see section 1.g.). The law on sexual violence,
    enacted in 2006, broadened the definition of rape to include male
    victims, sexual slavery, sexual harassment, forced pregnancy, and other
    sexual crimes not previously covered by law. It also increased
    penalties for sexual violence, prohibits compromise fines and forced
    marriage, allows victims of sexual violence to waive appearance in
    court, and permits closed hearings to protect confidentiality. It
    raised the age of sexual consent to 18 years old, although the family
    code establishes that girls can marry at the age of 14. The minimum
    penalty prescribed for rape is a prison sentence of five years.
        Government security forces, nongovernmental armed entities, and
    civilians perpetrated widespread and sometimes mass rape against women
    and girls (see section 1.g.). In March 2009 the UN secretary-general
    reported to the UN Security Council that members of nonstate armed
    entities, the FARDC, and the police were responsible for 81 percent of
    all reported cases of sexual violence in conflict zones and 24 percent
    in nonconflict areas. The majority of cases were reported in North and
    South Kivu. The report cited a ``disturbing increase of police
    personnel involved as perpetrators, especially against women in
    detention.'' The UNFPA, the agency coordinating efforts against sexual
    violence in the country, estimated that 200,000 Congolese women and
    girls had become victims of sexual violence since 1998. The number of
    rapes committed during the year increased, according to UN officials,
    foreign diplomats, and NGOs (see section 1.g.).
        Statistical information on rape, often based on information from
    the judiciary and agencies providing services to victims, remained
    fragmented and incomplete. According to UN officials and NGOs such as
    HRW, most statistics on sexual violence represented a small percentage
    of the actual number and excluded victims who were unable, afraid, or
    ashamed to seek assistance. On August 4, the Journal of the American
    Medical Association published a study on sexual violence in Eastern
    Congo covering the last 15 years of conflict in North and South Kivu
    and Ituri, Orientale. According to the study, nearly 75 percent of
    individuals in these regions experienced sexual violence, and 35
    percent of these cases were conflict-related, with nearly 40 percent of
    women in the conflict-related cases being the perpetrators, and more
    than 20 percent of victims being men. The study found that only 2
    percent of the perpetrators of gender-based violence in the last 15
    years were FARDC members and that overwhelming numbers of civilians in
    the conflict zone were suffering from symptoms associated with mental
    illness, ranging from post-traumatic stress disorder to depression.
        Prosecutions for rape and other types of sexual violence remained
    rare. According to HRW, between January and August 2009 the military
    justice system convicted 17 FARDC soldiers of crimes of sexual violence
    in North Kivu Province. HRW and several other human rights groups
    continued to criticize the Government for failing to investigate and
    prosecute members of the state security forces, particularly high-
    ranking officers, who were responsible for rape (see section 1.d.). Of
    the 14,200 rape cases that were registered in South Kivu between 2005
    and 2007, only 287, or 2 percent of the cases, were taken to court.
    Both victims and the UNHRC's special rapporteur on violence against
    women cited widespread impunity as the main reason for sexual violence.
    Most victims did not have sufficient confidence in the justice system
    to pursue formal legal action or feared subjecting themselves to
    further humiliation and possible reprisal.
        In December 2009 several members of the UPRWG commended the
    Government for adopting the 2006 law on sexual violence but expressed
    concern over the failure to implement the law and recommended increased
    efforts to train judicial and law enforcement officials in its
    application. Several members urged authorities to make greater efforts
    to investigate and prosecute individuals, including high-ranking
    members of the state security forces, who were responsible for rape.
        In a report submitted in April 2009 to the UPRWG, the Women's
    Synergy for Victims of Sexual Violence (SFVS) and nine other North
    Kivu-based NGOs urged the Government to modify an existing law that
    continued to make it extremely difficult for them to seek reparations
    for sexual violence. The law requires victims of sexual violence to pay
    the public treasury 15 percent of the amount of damages sought in
    advance of any judgment. According to SFVS, in the rare instances in
    which reparations were awarded, defendants bribed judges, resulting in
    ``lost'' case files, effectively preventing the payment of reparations
    to victims. A group of special rapporteurs and representatives,
    including the UN special rapporteur on violence against women reported
    in March 2009 that the Government had been ordered by multiple courts
    in the country to pay compensation to a number of women raped by state
    security agents; however, none of the rape survivors had received
    compensation.
        In 2009 the UN special rapporteur on violence against women and the
    special representative of the UN secretary-general on children and
    armed conflict concluded that, while many perpetrators of sexual
    violence were armed actors (including members of the FARDC, police, and
    nonstate armed entities), a significant and increasing number were
    civilians, not only in conflict zones but also in other regions. High-
    level UN officials deemed this development a consequence of the climate
    of impunity, absence of rule of law, and the normalization of violence
    against women.
        It was common for family members to pressure a rape victim to
    remain silent, even to health care professionals, to safeguard the
    reputations of the victim and her family.
        Victims of gender-based violence faced an enormous social stigma.
    After a sexual assault, many young women and girls were often labeled
    as unsuitable for marriage, and married women were frequently abandoned
    by their husbands.
        Some families forced rape victims to marry the men who raped them
    or to forego prosecution in exchange for money or goods from the
    rapist.
        Domestic violence against women occurred throughout the country.
    For example, credible sources found that 86 percent of women in
    Equateur Province were victims of domestic abuse; however, there were
    few if any additional statistics available regarding the extent of
    domestic abuse. Although the law considers assault a crime, it does not
    specifically address spousal abuse, and police rarely intervened in
    domestic disputes. There were no reports of judicial authorities taking
    action in cases of domestic or spousal abuse.
        Sexual harassment occurred throughout the country; however, no
    statistics existed regarding its prevalence. The 2006 sexual violence
    law prohibits sexual harassment, and the minimum penalty prescribed by
    law is a prison sentence of one to 20 years; however, there was no
    effective enforcement.
        The Government respected the right of couples to decide freely and
    responsibly the number, spacing, and timing of their children and to
    have the information and means to do so free from discrimination,
    coercion, and violence. However, women's access to contraception
    remained extremely low, with only 6.7 percent of women using modern
    contraceptive methods. According to the World Health Organization, the
    maternal mortality rate for 2008 was 670 deaths per 100,000 live
    births.
        Women's access to treatment of sexually transmitted diseases, such
    as HIV, was not known. Recent studies did not disaggregate by gender,
    and the data was highly variable across geographic regions, reflecting
    variations in cultural norms and access to health-care services. The
    percentage of women seeking skilled medical assistance during
    childbirth was 74 percent.
        According to a demographic and health survey issued by the
    Government in 2007, the average rate of pregnant women who received
    prenatal care, predominantly from nurses and midwives, rose from 68
    percent in 2001 to 85 percent in 2007. Medical assistance during
    childbirth was not as prevalent as prenatal care, but access did
    increase between 2001 and 2007. Education, socioeconomic status, place
    of delivery (hospital or home), and geographic location had a
    significant impact on who received postpartum care. Cultural barriers
    were nonexistent except for the minority of women who belonged to Bunda
    dia Mayala (formerly known as Bunda Dia Congo), a political and
    religious movement in which adherents were sometimes prevented from
    receiving vaccinations.
        Women did not possess the same rights as men under the law or in
    practice. The law requires a married woman to obtain her husband's
    consent before engaging in legal transactions, including selling or
    renting real estate, opening a bank account, or applying for a
    passport. According to UNICEF, 69 percent of widows had been
    dispossessed of their property. Under the law, women found guilty of
    adultery may be sentenced to up to one year in prison; adultery by men
    is subject to legal penalty only if judged to have ``an injurious
    quality.''
        In their March 2009 report to the UNHRC, seven UN special
    rapporteurs and representatives expressed concern that, while the
    family code recognizes equality between spouses, it ``effectively
    renders a married woman a minor under the guardianship of her
    husband,'' by stating that the wife must obey her husband; women
    remained underrepresented in the democratic institutions.
        Women experienced economic discrimination. The law forbids a woman
    from working at night or accepting employment without her husband's
    consent. According to the International Labor Organization (ILO), women
    often received less pay in the private sector than men doing the same
    job and rarely occupied positions of authority or high responsibility.

        Children.--According to 2007 UNICEF data, 31 percent of children
    were registered at birth. However, following the Government's adoption
    of a National Plan of Action on Birth Registration in March 2009, child
    birth registration increased in Kinshasa from 37 percent to 50 percent
    by June 2009. Birth registration was lowest among ethnic minorities
    such as Pygmies. The lack of registration did not affect access to
    government services.
        In practice primary school education was not compulsory, free, or
    universal, and few functioning government-funded schools existed.
    Fighting that resumed in 2008 in North Kivu between government and
    rebel forces resulted in the closure of approximately 85 percent of all
    schools in the area, according to UNICEF. Public and private schools
    generally expected parents to contribute to teachers' salaries, and
    parents typically funded 80 to 90 percent of school expenses. These
    expenses, plus the potential loss of income or labor while their
    children attended class, left many parents unable to enroll their
    children. In September President Kabila ordered that fees required by
    the Government for primary school children would no longer be required;
    however, at year's end, parents were still paying fees.
        Primary and secondary school attendance rates for girls were lower
    because many parents preferred to send their sons to school, either for
    financial or cultural reasons.
        The majority of schools in conflict zones were dilapidated and had
    been closed due to insecurity. Parents in such areas often prevented
    their children from attending the few functioning schools due to fear
    that armed entities would forcibly recruit their children, according to
    reports received by the UN during the year.
        In a report released in February 2009, the UNCRC welcomed the
    Government's adoption in January 2009 of the child protection code,
    which provides for the establishment of 180 juvenile tribunals.
    However, the UNCRC expressed concern over the capacity of the
    Government to implement the code's provisions, particularly in the
    absence of an awareness raising campaign. The UNCRC urged the
    Government to expedite implementation of child protection laws,
    increase investment in law enforcement training on child protection,
    adopt a comprehensive child protection action plan, establish a 24-hour
    child helpline as a tool for children to seek assistance and lodge
    complaints, establish a data base and coherent national programs for
    refugee and internally displaced children, and swiftly improve juvenile
    justice standards.
        The law prohibits all forms of child abuse, but it was common.
    There was no information about authorities arresting individuals for
    child abandonment and abuse during the year.
        The constitution prohibits parental abandonment of children for
    alleged sorcery; however, such allegations resulted in abandonment and
    abuse. The 2009 Child Protection Law provides for a sentence of
    imprisonment for parents and other adults who accuse children of
    witchcraft; however, authorities did not implement the law effectively.
        Child abuse was an especially serious problem in the eastern
    conflict regions. A 2008 report of the UN secretary-general on children
    and armed conflict in the country concluded that children continued to
    be the primary victims of the continuing conflict in the east.
        In March 2009 a group of seven UN special rapporteurs and
    representatives mandated by the UNHRC to assess human rights in the
    country deemed it ``alarming'' that a significant percentage of the
    victims of sexual violence committed throughout the country were girls,
    and in some cases also boys. According to the UNFPA, of 17,507 new
    cases of sexual violence registered in 2009 throughout the country, 48
    percent of survivors were children. The report also underscored the
    role of civilians in child rape, including in conflict zones where a
    climate of near total impunity persisted. For example, of the 2,893
    cases of child rape reported in conflict-affected Ituri District,
    Orientale, between June 2007 and June 2008, UNICEF found that 42
    percent of perpetrators were members of the state security forces or
    nonstate armed entities and 58 percent were civilians. During the same
    period, of the almost 2,000 cases of child rape reported in North Kivu,
    70 percent of the perpetrators were members of the state security
    forces or nonstate armed entities and 30 percent were civilians.
        All parties to the conflict in the east were involved in the use of
    child soldiers (see section 1.g.). During the year the UNCRC expressed
    concern that children continued to be tried in military courts for
    crimes allegedly committed while they were enrolled as child soldiers
    in nongovernmental armed entities.
        The law does not prohibit female genital mutilation (FGM).
    According to the World Health Organization, isolated groups in the
    north practiced FGM, and approximately 5 percent of women and girls
    were victims.
        The law prohibits marriage of girls under the age of 14 and boys
    under the age of 18; however, marriages of girls as young as 13 years
    old took place. Dowry payments greatly contributed to underage
    marriage. In some cases parents married off a daughter against her will
    to collect a dowry or to finance a dowry for a son. The sexual violence
    law criminalizes forced marriage. It subjects parents to up to 12
    years' hard labor and a fine of 92,500 Congolese francs (approximately
    $103) for forcing a child to marry. The penalty doubles when the child
    is under the age of 15. There were no reports of prosecutions for
    forced marriage; no additional information was available.
        The minimum age of consensual sex is 14 years old for women and 18
    years old for men, and the 2006 law on sexual violence prohibits and
    defines penalties for prostitution of minors; however, child
    prostitution occurred throughout the country. There were no statistics
    available regarding its prevalence. Many children engaged in
    prostitution without third-party involvement, although some were forced
    to do so. In the mining areas of Katanga, UNICEF reported that madams
    forced girls between the ages of eight and 10 years old, known as
    canetons (ducklings in French), into prostitution. According to HRW and
    a local NGO, police in Kinshasa extorted sexual services from child
    prostitutes.
        In 2009, there were an estimated 8.4 million orphans and vulnerable
    children in the country; 91 percent received no external support of any
    kind, and only 3 percent received medical support. The country's
    estimated 50,000 street children included many accused of witchcraft,
    child refugees, and war orphans, as well as children with homes and
    families. During the year, according to UNICEF, there were more than
    20,000 street children in Kinshasa, of whom 26 percent were girls. Many
    churches in Kinshasa conducted exorcisms of children accused of
    witchcraft involving isolation, beating and whipping, starvation, and
    forced ingestion of purgatives. According to UNICEF, there was a
    practice of branding as witches children with disabilities or even
    speech impediments and learning disabilities; this practice sometimes
    resulted in parents abandoning their children. According to UNICEF, as
    many as 70 percent of the street children they assisted claimed to have
    been accused of witchcraft.
        The Government was ill equipped to deal with large numbers of
    homeless children. Citizens generally regarded street children as
    delinquents engaged in petty crime, begging, and prostitution and
    approved of actions taken against them. State security forces abused
    and arbitrarily arrested street children (see sections 1.c. and 1.d.).
        There were numerous reports that street children had to pay police
    officers to be allowed to sleep in vacant buildings and had to share
    with police a percentage of goods stolen from markets.
        In February 2009 the UNCRC underscored its concern over the
    frequency of sexual assaults committed against street children, as well
    as state security forces' regular harassment, beating, and arrest of
    street children. In addition the UNCRC expressed concern that
    ``violence against children accused of witchcraft is increasing, and
    that children are being kept as prisoners in religious buildings where
    they were exposed to torture and mistreatment, or even killed under the
    pretext of exorcism.'' The UNCRC recommended that the Government take
    effective measures to prevent children from being accused of
    witchcraft, including by continuing and strengthening public awareness-
    raising activities, particularly directed at parents and religious
    leaders and by addressing root causes such as poverty. The UNCRC
    further urged the Government to criminalize accusing children of
    witchcraft, bring to justice persons responsible for violence against
    children accused of sorcery, and take steps to recover and reintegrate
    children accused of witchcraft.
        Several NGOs worked effectively with MONUSCO and UNICEF to promote
    children's rights throughout the country.
        At year's end the country was not a party to the 1980 Hague
    Convention on the Civil Aspects of International Child Abduction. For
    information on international parental child abduction, please see the
    Department of State's annual report on compliance at http://
    travel.state.gov/abduction/resources/congressreport/congressreport--
    4308.html.)

        Anti-Semitism.--The country has a very small Jewish population, and
    there were no reports of anti-Semitic acts.

        Trafficking in Persons.--For information on trafficking in persons,
    please see the Department of State's annual Trafficking in Persons
    Report at www.state.gov/g/tip.

        Persons With Disabilities.--The law prohibits discrimination
    against persons with disabilities; however, the Government did not
    effectively enforce this provision, and persons with disabilities often
    found it difficult to obtain employment, education, or government
    services.
        The law does not mandate access to buildings or government services
    for persons with disabilities. Some schools for persons with
    disabilities, including persons with visual disabilities, received
    private funds and limited public funds to provide education and
    vocational training.
        During the year children with disabilities were accused of
    witchcraft and subjected to abuse and abandonment (see section 6).

        National/Racial/Ethnic Minorities.--Members of the country's more
    than 400 ethnic groups practiced ethnic discrimination, and
    discrimination was evident in hiring patterns in some cities. The
    Government took no reported actions to address this problem.
        State security forces in Kinshasa sometimes harassed, arbitrarily
    arrested, or threatened members of ethnic groups from Equateur,
    according to the UNJHRO. State security forces in North and South Kivu
    sometimes harassed, arbitrarily arrested, or threatened members of many
    different ethnic groups.
        Discrimination against persons with albinism was widespread and
    limited their ability to obtain employment, health care, and education,
    or to marry. Persons with albinism were frequently ostracized by their
    families and communities. According to a 2007 survey conducted in
    Kisangani by the UN Development Program, 83 percent of parents of
    albinos stated that their children were successful in school, but 47
    percent said they felt humiliated by having albino children.
        Between October and November 2009, in the South Ubangi District of
    Equateur, ethnic violence between the Banzaya and Enyele clans (both of
    the Lobala ethnic group) erupted over farming and fishing rights,
    triggering a humanitarian crisis. After the district government
    recognized a member of the Banzaya clan as interim tribal chief in the
    village of Dongo in June 2009, members of the Enyele clan forced the
    Government-recognized tribal chief to flee. When the chief returned
    several months later with an armed police escort, Enyele clan members
    reportedly killed approximately 45 police officers, which led to a
    deployment of FARDC soldiers to address the Enyele insurgency and
    stabilize the area. By year's end the clashes had resulted in several
    civilian deaths, numerous internally displaced persons, and more than
    140,000refugees, many of whom fled to the neighboring Republic of the
    Congo and to the CAR.

        Indigenous People.--The country had a population of between 200,000
    and 500,000 Pygmies (Twa, Mbuti, Aka, and others), believed to be the
    country's original inhabitants; the Government did not effectively
    protect their civil and political rights, and societal discrimination
    against them continued. Most Pygmies took no part in the political
    process and continued to live in remote areas. During the year fighting
    in the east between nonstate armed entities and government security
    forces caused displacement of some Pygmy populations. Since 2003 many
    Pygmies who had lived in IDP camps in the east were forced outside the
    camps by other IDPs, removing their access to humanitarian relief
    provided to camp residents.
        In some areas traditional leaders (mwami) and wealthy persons
    captured Pygmies and forced them into slavery. For 2009-2010, the World
    Peasants/Indigenous Organization reported 644 new cases of enslavement
    of Pygmies. Those captured were known as ``badja'' and were considered
    the property of their masters. During 2008 the World Peasants/
    Indigenous Organization conducted a three-month campaign to free such
    individuals. In 2008, 96 Pygmy slaves were released; 46 of the group
    belonged to families that had been enslaved for generations.

        Societal Abuses, Discrimination, and Acts of Violence Based on
    Sexual Orientation and Gender Identity.--There are no known laws
    specifically prohibiting homosexuality or homosexual acts; however,
    individuals engaging in public displays of homosexuality were subject
    to prosecution under public decency provisions in the penal code and
    articles in the 2006 law on sexual violence. On October 22, a law was
    proposed in the national assembly that would impose significant fines
    and jail terms on individuals engaging in homosexuality or groups
    promoting or protecting homosexual behavior. No action had been taken
    on the draft legislation by the end of the year. Homosexuality remained
    a cultural taboo, and while harassment by state security forces
    continued, there were no reports during the year of police harassing
    gays and lesbians or perpetrating or condoning violence against them.
        On September 6, in Kabare, South Kivu, authorities prevented a mob
    from lynching a 21-year old woman accused of homosexual relations with
    another villager.

        Other Societal Violence or Discrimination.--There were no reports
    of societal violence or discrimination based on HIV/AIDS status.
        In 2008 President Kabila promulgated a law passed by parliament
    that prohibits discrimination against persons with HIV/AIDS.
    Section 7. Worker Rights

        a. The Right of Association.--The constitution provides all
    workers, except government officials and members of the state security
    forces, the right to form and join trade unions without prior
    authorization or excessive requirements. The extent to which the
    Government protected this right in practice was limited. According to
    NGO reporting, of an estimated 24 million adults of working age,
    128,000 employees in the private sector (0.5 percent) belonged to
    unions. No information was available regarding the number of union
    members in the public sector. The informal sector, including
    subsistence agriculture, constituted at least 90 percent of the
    economy. The law provides for the right of unions to conduct activities
    without interference and to bargain collectively; however, the
    Government did not always protect these rights.
        In August an assessment of the country's trade union and worker
    freedoms by international NGO Freedom House found significant
    restrictions on labor rights and that the labor rights environment was
    ``repressive.''
        Private companies often registered bogus unions to create confusion
    among workers and discourage real ones from organizing. According to
    NGO reporting, many of the nearly 400 unions in the private sector had
    no membership and had been established by management, particularly in
    the natural resources sector.
        The constitution provides for the right to strike, and workers
    sometimes exercised it. In small and medium-sized businesses, workers
    could not exercise this right effectively in practice. With an enormous
    unemployed labor pool, companies and shops could immediately replace
    any workers attempting to unionize, collectively bargain, or strike.
    The law requires unions to have prior consent from the Ministry of
    Labor and to adhere to lengthy mandatory arbitration and appeal
    procedures before striking. The law prohibits employers and the
    Government from retaliating against strikers; however, the Government
    did not enforce this law in practice.

        b. The Right to Organize and Bargain Collectively.--While a 2002
    law provides for the right to organize and for collective bargaining,
    collective bargaining was ineffective in practice. The Government set
    public sector wages by decree, and unions were permitted to act only in
    an advisory capacity. Most unions in the private sector collected dues
    from workers but did not succeed in engaging in collective bargaining
    on their behalf.
        The law prohibits discrimination against union employees, although
    authorities did not enforce this regulation effectively, and antiunion
    discrimination occurred in practice. The law also requires employers to
    reinstate workers fired for union activities.
        There are no export processing zones.

        c. Prohibition of Forced or Compulsory Labor.--The constitution
    prohibits forced or compulsory labor, including by children; however,
    although no statistics were available, both were practiced throughout
    the country. The Government did not effectively enforce laws
    prohibiting forced or compulsory labor.
        Men, women, and children were coerced into forced labor and sexual
    exploitation. Children were prostituted in brothels or by loosely
    organized networks. An estimated tens of thousands of children worked
    in the mining sector, most often in extremely dangerous conditions as
    artisanal miners. In the east, FARDC elements and RMGs continued to
    abduct and forcibly recruit men, women, and children to serve as
    laborers (including in mines), porters, domestics, combatants, and sex
    slaves (see section 1.g.).
        Some police officers in the east reportedly arrested individuals
    arbitrarily in order to extort money from them; those who could not pay
    were forced to work until they had ``earned'' their freedom.
        Government security forces continued to force men, women, and
    children, including IDPs and prisoners, to serve as porters, mine
    workers, and domestic laborers (see sections 1.c., 1.g., 6, and 7.d.).
    In addition, according to the UNGOE report of November, in Mushake,
    Masisi, ex-CNDP FARDC soldiers ``enforce salongo, whereby civilians are
    required to build houses, clean camps, and transport merchandise for
    the military.''
        The military took no action against FARDC soldiers who used forced
    labor and abducted civilians for forced labor during the year, in 2009
    or in 2008.
        In the mining sector, middlemen and dealers acquired raw ore from
    unlicensed miners in exchange for tools, food, and other products.
    Miners who failed to provide sufficient ore became debt slaves, forced
    to continue working to pay off arrears. The Government did not attempt
    to regulate this practice.
        Armed entities operating outside central government control
    subjected civilians, including children, to forced labor, including
    sexual slavery (see section 1.g.). Also see the Department of State's
    annual Trafficking in Persons Report at www.state.gov/g/tip.

        d. Prohibition of Child Labor and Minimum Age for Employment.--
    There were laws to protect children from exploitation in the workplace;
    however, government agencies did not effectively enforce child labor
    laws. Child labor remained a problem throughout the country, including
    forced child labor. Although there was at least one report of a large
    enterprise using child labor during the year, it was much more common
    in the informal sector, particularly in mining and subsistence
    agriculture. For economic survival, families often encouraged children
    to work in order to earn money. According to the Ministry of Labor,
    children continued to work in mines and stone quarries, and as child
    soldiers, water sellers, domestic servants, and entertainers in bars
    and restaurants.
        Although the minimum age for full-time employment without parental
    consent is 18 years old, employers may legally hire minors between the
    ages of 15 and 18 with the consent of a parent or guardian. Those under
    the age of 16 may work a maximum of four hours per day. All minors are
    restricted from transporting heavy items.
        According to data collected by UNICEF in surveys between 1999 and
    2007, approximately 32 percent of children between the ages of five and
    14 were involved in child labor. UNICEF considered children to be
    involved in labor if, during the week preceding the survey, a child who
    was five to 11 years old performed at least one hour of economic
    activity or at least 28 hours of domestic work or a child who was 12 to
    14 years old performed at least 14 hours of economic activity or at
    least 28 hours of domestic work.
        Criminal courts continued to hear child labor complaints. State
    security forces and nonstate armed entities in conflict-affected areas
    in the east used children, including child soldiers, for forced labor
    in mines (see section 1.g.). However, the use of forced child labor by
    state security forces was not limited to conflict zones. For example,
    in October 2009 UNICEF reported that soldiers in Katanga forced
    children and adults to mine and transport heavy loads for them.
        Children made up as much as 30 percent of the work force in the
    informal (``artisanal'') mining sector. In mining regions of the
    provinces of Katanga, Kasai Occidental, Orientale, and North and South
    Kivu, children performed dangerous mine work, often underground. In
    many areas of the country, children who were five to 12 years old broke
    rocks to make gravel for a small wage. In October 2009 a foreign
    diplomat observed children breaking stones and carrying heavy loads in
    a stone quarry on the compound of the Government-owned Gecamines mining
    company in Kipushi, Katanga. According to the Solidarity Center, during
    the year there was an increase in the number of children working in the
    Kolwezi mines in southern Katanga. Catholic Relief Services in Katanga
    reported that the local population, including children, were drawn to
    mining work, largely due to the lack of alternative sources of income
    and the higher salaries offered in the mining sector.
        Child prostitution, including forced prostitution, was practiced
    throughout the country (see section 6). Also see the Department of
    State's annual Trafficking in Persons Report at www.state.gov/g/tip.
        In addition children were used to extract copper, cobalt, and gold.
    In the east, armed entities forced children to mine coltan, tungsten
    ore, and cassiterite.
        Parents often used children for dangerous and difficult
    agricultural labor. Children sent to relatives by parents who could not
    support them sometimes effectively became the property of those
    families, who subjected them to physical and sexual abuse.
        The Ministry of Labor has responsibility for investigating child
    labor abuses but had no dedicated child labor inspection service. The
    Ministry of Labor had yet to develop a national action plan to
    comprehensively address child labor. Other government agencies
    responsible for combating child labor included the Ministry of Gender,
    Family and Children, the Ministry of Social Affairs, and the National
    Committee to Combat Worst Forms of Child Labor. These agencies had no
    budgets for inspections and conducted no investigations during the
    year.
        In 2009, government officials participated in a tripartite dialogue
    on child labor in Katanga with unions, enterprises, and the ILO. The
    effort was part of an ILO program, conducted in cooperation with
    government officials, designed to withdraw children from industrial and
    artisanal mining, improve working conditions for diggers, and eradicate
    child labor. Due to a lack of funding, the ILO closed its office in
    Lubumbashi shortly after the tripartite talks.
        In November 2009 the ILO recommended that the Government focus on
    creating employment opportunities, strengthening the skills of women,
    enrolling children in school, and reducing the country's reliance on
    imports in order to bolster the fight against child labor. There was no
    further progress on these recommendations; some children who had been
    removed from the mines through an anti-child labor project returned to
    the mines due to lack of support.

        e. Acceptable Conditions of Work.--Employers in the informal sector
    often did not respect the legally required minimum wage of 1,680
    Congolese francs (approximately $1.86) per day. The average monthly
    wage did not provide a decent standard of living for a worker and
    family. Government salaries remained low, ranging from 45,000 to 75,000
    Congolese francs (approximately $50 to $82) per month, and salary
    arrears were common in both the civil service and public enterprises
    (parastatals). More than 90 percent of laborers worked in subsistence
    agriculture, informal commerce or mining, or other informal pursuits.
        The law defines different standard workweeks, ranging from 45 to 72
    hours, for various jobs. The law also prescribes rest periods and
    premium pay for overtime, but employers often did not respect these
    provisions in practice. The law establishes no monitoring or
    enforcement mechanism, and businesses often ignored these standards in
    practice.
        The law specifies health and safety standards; however, government
    agencies did not effectively enforce them. The law does not provide
    workers the right to remove themselves from dangerous work situations
    without jeopardizing their employment.
        According to the NGO Pact, an estimated 10 million miners worked in
    the informal sector nationwide and up to 16 percent of the population
    may have indirectly relied on so-called artisanal, or small-scale,
    mining. Many suffered violence from guards and state security forces
    for illegally entering mining concessions.

                                   __________

                             REPUBLIC OF THE CONGO

        The Republic of the Congo, with a population of 3.7 million, is a
    parliamentary republic in which most of the decision-making authority
    and political power is vested in the president and his administration.
    Denis Sassou Nguesso was reelected president in a July 2009 election
    with 78 percent of the vote. The country has a multiparty political
    system although members of the president's Congolese Labor Party (PCT)
    occupy most senior government positions. The 2009 election was peaceful
    and the African Union declared the elections to have been free and
    fair; however, opposition candidates and nongovernmental organizations
    (NGOs) cited irregularities. There were instances in which elements of
    the security forces acted independently of civilian control.
        Principal human rights problems included suspected killings of
    detainees by security forces; mob violence; beatings and other physical
    abuse of detainees; rapes; theft; solicitation of bribes; harassment
    and extortion of civilians by unidentified armed elements; poor prison
    conditions; official impunity; arbitrary arrest; lengthy pretrial
    detention; an ineffective and under-resourced judiciary; infringement
    of citizens' privacy rights; restrictions on freedom of speech, press,
    association, and movement; official corruption and lack of
    transparency; domestic violence, including rape; societal
    discrimination against women; trafficking in persons; discrimination on
    the basis of ethnicity, particularly against Pygmies; and child labor.
                            respect for human rights
    Section 1. Respect for the Integrity of the Person, Including Freedom
            From:

        a. Arbitrary or Unlawful Deprivation of Life.--The Government or
    its agents did not commit any politically motivated killings. Prison
    security personnel allegedly tortured an inmate to death (see section
    1.c).
        There were no further developments in the January 2009 death in a
    suspicious house fire of journalist and activist Bruno Jacquet Ossebi,
    known for his outspoken coverage of government corruption. The death
    was officially declared an accident and there was no investigation.
        Local inhabitants frequently took the law into their own hands to
    punish persons presumed or known to be police or military personnel who
    looted civilian residences. The results were death or serious injury.
    Such incidents were most common in remote areas.

        b. Disappearance.--There were no reports of politically motivated
    disappearances.
        By year's end no investigation had been conducted into the
    disappearance of two prisoners, Beni Alex Yandi and Bien Godja, who
    were assumed to have been victims of extrajudicial execution. The two
    were detained at the central police station in Brazzaville in October
    and December 2009 respectively.

        c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
    Punishment.--The constitution and law prohibit such practices; however,
    on September 8, army Lieutenant Ferdinand Bourangon died of torture-
    induced injuries allegedly perpetrated in Brazzaville's prison. Other
    unnamed prisoners were also allegedly tortured. No disciplinary action
    was taken against prison personnel. On December 23, three Congolese
    human rights NGOs announced their intention to file a lawsuit against
    the prison's warden, a prison driver, and a police captain for crimes
    including torture, assault, and murder. The three NGOs were:
    Association pour les Droits de l'Homme et l'Univers Caceral, Forum pour
    le Gouvernance et les Droits de Homme, and Obsevatoire Congolaise des
    Droits de l'Homme.
        Several additional cases of alleged torture were reported by local
    NGOs. Bradi Oboromalekou was arrested in June for selling cannabis and
    possessing a weapon. While incarcerated, he reportedly was handcuffed
    behind his back and was continually tortured for two weeks in the Jean
    Francois Ndengue Commissariat.
        In December 2009 Jomael Batantou was arrested and accused of theft
    after refusing to continue paying a local sergeant a daily ransom.
    According to local NGOs, he was handcuffed behind his back for two
    weeks and tortured in the Ouenze Mampassi Commissariat. His release
    from detention was secured after paying 50,000 CFA ($101) to the
    Commissariat in May.

        Prison and Detention Center Conditions.--Prison and detention
    center conditions were harsh and life-threatening. Most inmates slept
    on the floor on cardboard or thin mattresses in small overcrowded
    cells, exposing them to disease. The prisons lacked any significant
    ventilation, had poorly maintained lighting, had wiring protruding from
    the walls, and had regular occurrences of plumbing backing up into
    prisoners' cells. Basic and emergency medical care was limited, and
    meaningful access to social services personnel was severely limited due
    to understaffed personnel and the overcrowded prison population.
        Out of six prisons, two, one in Brazzaville and one in Pointe
    Noire, were fully operational during the past two years. Other
    facilities stopped operating at full capacity in 2008 due to physical
    deterioration of their premises. By year's end the prison population
    was approximately 1,000, the majority of whom were awaiting trial for
    assault and robbery. At year's end the Brazzaville prison, which was
    built in 1943 to hold up to 150 prisoners, held approximately 600,
    including 14 women and 11 minors. The Pointe Noire prison, built in
    1940, held 300 prisoners. In the Dolisie prison there were 40 to 50
    prisoners. The prisons in Mouyondzi and Sibiti held approximately 30
    prisoners each. There were approximately 30 more prisoners being held
    temporarily in the police station in Owando in anticipation of the
    completion of renovations to the local prison. All of the prisons were
    remnants of the country's colonial era.
        Inmates in Brazzaville's prison were supposed to receive two meals
    per day. Due to lack of funds, however, inmates in other prisons
    received one meal per day.
        Separate facilities were maintained for women and men. Juveniles
    were held in a separate wing in Brazzaville's prison, but security
    measures were insufficient to maintain their isolation from the general
    prison population. Pretrial detainees were held with convicted
    prisoners. Prisoners with infectious diseases were kept in one cell,
    but allowed to interact with other inmates. Most of the cells had a
    functioning television with cable.
        Access to prisoners was conditional on obtaining a communication
    permit from a judge. The permit allows visitors to spend 10-15 minutes
    with a prisoner. The visits took place in a small room that held one
    extended table at which approximately 10 detainees at a time might sit
    and converse with their visitors. A new permit is required for each
    subsequent visit with a prisoner. The families of many prisoners were
    located outside of the cities in which the prisons were located and
    visits were often infrequent because of the financial hardship involved
    in traveling to the prison.
        The Government continued to grant access to prisons and detention
    centers to domestic and international human rights groups. During the
    year local human rights groups and NGOs regularly visited prisons and
    detention centers.
        Prisoners and detainees were permitted religious observance.
    Religious-based charitable organizations visited prisons and detention
    centers for charitable actions and religious support. Prisoners and
    detainees are supposed to be allowed to submit complaints to judicial
    authorities, but in practice this right was not respected. There was no
    provision for an ombudsman, but defendants with sufficient personal
    wealth were able to hire private attorneys to serve on their behalf to
    consider alternatives to incarceration or to alleviate inhumane
    conditions.
        Prior to a trial the Government is obligated to provide legal
    assistance to detainees who lack the financial resources to hire a
    private attorney, but this was not done in practice. The Government
    neglected to pay its public defenders, and consequently there was a
    dearth of legal representation for detainees with limited means. The
    Government investigated and monitored prison conditions at the request
    of local NGOs following complaints from prisoners' and detainees'
    families. However, little was done to address the penal system's
    failure to ensure due process for its detainees.
        Three minors in the Brazzaville prison were detained for eight
    months without access to a lawyer and without their cases being heard
    by a judge. Another detainee was reportedly held for 24 months without
    being called before a judge.

        d. Arbitrary Arrest or Detention.--The constitution and law
    prohibit arbitrary arrest and detention. However, members of the
    security forces unreasonably and arbitrarily detained persons for minor
    and often imaginary offenses, mostly traffic related, and required them
    to pay bribes on the spot as a condition for release.
        In 2009 a number of politically motivated arrests occurred in
    Brazzaville related to the July 2009 presidential elections (see
    section 1.e.).
        In December 2009 Bienvenu Woko was arrested and kept in prison for
    six months without access to a lawyer or to a member of his family
    despite the Penal Code's stipulation that detainees cannot be detained
    for more than 72 hours without being granted access to a lawyer or to a
    family member.
        The representative of a local NGO, the Association Nationale des
    Gardiens de la Paix, was unlawfully arrested on October 26 by the Chief
    of the Central Police Station Colonel Jacques Antoine Bouity, after
    questioning the prison situation and the application of the Penal Code
    within the various detention centers and prisons.

        Role of the Police and Security Apparatus.--The security forces
    include the police, a paramilitary unit known as the gendarmerie, and
    the military. The police and the gendarmerie are responsible for
    maintaining internal order, with police primarily in cities and the
    gendarmerie mainly in other areas. Military forces are responsible for
    territorial security, but some units also have domestic security
    responsibilities, such as the specialized Republican Guard battalion
    charged with the protection of the president, government buildings and
    diplomatic missions. The minister of defense oversees the military
    forces and the gendarmerie, and the minister of the interior and
    decentralization oversees the police.
        A police unit under the Ministry of Interior and Decentralization
    is responsible for patrolling frontiers. Another military unit, the
    military police, is under the minister of defense and composed of
    military and police officers responsible for investigating professional
    misconduct by members of any of the security forces. Overall,
    professionalism of the security forces continued to improve, in large
    part due to training by the international law enforcement community.
    The Government generally maintained effective control over the security
    forces; however, there were members of the security forces who acted
    independently of government authority, committed abuses, and engaged in
    malfeasance.
        Traffic police extorted bribes from drivers under threat of
    impoundment of their vehicles. Although the Human Rights Commission
    (HRC) was established for the public to report security force abuses,
    impunity for members of the security forces remained widespread.

        Arrest Procedures and Treatment While in Detention.--The
    constitution and law require that warrants be issued by a duly
    authorized official before arrests are made, that a person be
    apprehended openly, that a lawyer be present during initial
    questioning, and that detainees be brought before a judge within three
    days and either charged or released within four months. However, the
    Government habitually violated these provisions. There is a system of
    bail, but, with 70 percent of the population earning an income below
    the poverty level, most detainees could not afford to post bail.
    Detainees generally were informed of charges against them at the time
    of arrest, but formal charges often took at least one week to be filed.
    Police at times held persons for six months or longer prior to the
    filing of charges due to administrative errors or delays in processing
    detainees. Most delays were attributed to lack of staff in the Ministry
    of Justice and court system. Family members usually were given prompt
    access to detainees, and indigent detainees were provided lawyers at
    government expense.
        Arbitrary arrest continued to be a problem. These were perpetrated
    most often against vehicle operators (mainly taxi drivers) by police,
    gendarmes, or soldiers. Immigration officials also routinely stopped
    persons and threatened them with arrest, claiming they lacked some
    required document, were committing espionage, or on some other pretext
    to extort funds. Most often these incidents resulted in the bribe being
    paid; if not, the person was detained at a police station (or the
    airport) until either a bribe was paid or pressure was placed on
    authorities to release the individual.
        In late 2009 a high-profile arrest of international employees of
    the petroleum company Chevron highlighted the danger of politically
    motivated arrests. Members of an auditing team were arrested and
    detained for several months without being formally charged. High level
    negotiations between Chevron and the Government eventually led to the
    release of the employees, but the problem of intimidation existed at
    all levels.
        Following the July 2009 elections, the arrests of opposition
    members Malgala Sabin, Douniama-Etou Jean Ferenzi, and Ernest Ngalou
    were widely perceived to be politically motivated. Their cases were not
    brought to court and all three individuals were released. However, the
    opposition believes that legal procedure was inappropriately
    implemented and these individuals could be arrested at a future date
    for the same crimes.
        General Ferdinand Mbaou, a loyalist of self-exiled former
    opposition leader Pascal Lissouba, was released from custody in January
    after being arrested in July 2009 upon his return to Brazzaville from
    exile in France.
        Lengthy pretrial detention due to judicial backlogs was a problem.
    Pretrial detainees continued to constitute the majority of the prison
    population. On average detainees waited six months or longer before
    going to trial.

        e. Denial of Fair Public Trial.--Although the constitution and law
    provide for an independent judiciary, the judiciary continued to be
    overburdened, underfunded, and subject to political influence and
    corruption.
        In rural areas traditional courts continued to handle many local
    disputes, particularly property and inheritance cases, and domestic
    conflicts that could not be resolved within the family.
        The Martial Court, a military tribunal system, established to try
    criminal cases involving military members, gendarmerie, or police, does
    not try civilians. The court was believed to be subject to influence
    and corruption. As part of an investigation into corrupt military
    payroll practices, the Martial Court continued to garnish the salaries
    of more than 500 current and former military personnel to recover
    misappropriated funds.

        Trial Procedures.--The constitution provides for the right to a
    fair trial presided over by an independent judiciary, and the
    Government generally respected judicial independence in practice. The
    legal caseload, however, far exceeded the capacity of the judiciary to
    ensure fair and timely trials, and most complaints never reached the
    court system. The Court of Justice has held 111 criminal trials since
    2008, when the court ceased to function at normal capacity due to
    funding and resource constraints. The court resumed its former caseload
    and processed 84 criminal cases during the year, including cases of
    misappropriation of public money, murder, rape, armed robbery,
    infanticide, indecent assault, and arson. In general when trials
    occurred prior to 2008, and in 2010 when the Court resumed its normal
    functional state, defendants were tried in a public court of law
    presided over by a state-appointed magistrate. Juries were used.
    Defendants had the right to be present at their trial and to consult
    with an attorney in a timely manner. An indigent defendant facing
    serious criminal charges was entitled to an attorney at public expense,
    although this did not always occur in practice. Defendants could
    confront or question accusers and witnesses against them and present
    witnesses and evidence on their own behalf. The defense had access to
    prosecution evidence. Defendants were presumed innocent and had the
    right of appeal. In principle the law extended the above rights to all
    citizens and the Government generally abided by these provisions.

        Political Prisoners and Detainees.--There were no reports of
    political prisoners or detainees. Political prisoners may be detained
    for up to two months, and this period may be extended to three months
    by a judge. In practice these laws were not always observed, and the
    few known political prisoners were sometimes detained for up to six
    months or longer.

        Civil Judicial Procedures and Remedies.--In contrast to the
    criminal courts, the civil court system operates more effectively.
    Individuals can file a lawsuit in court on civil matters related to
    human rights, including seeking damages or cessation of a human rights
    violation; however, no such cases were known to exist. The public
    generally lacked confidence in the judicial system as a means to
    address human rights issues.

        f. Arbitrary Interference With Privacy, Family, Home, or
    Correspondence.--The constitution and law prohibit such actions and the
    Government generally respected these prohibitions.
    Section 2. Respect for Civil Liberties, Including:

        a. Freedom of Speech and Press.--The constitution and law provide
    for freedom of speech and of the press, but also criminalize certain
    types of speech, such as incitement of ethnic hatred, violence, or
    civil war. The Government at times limited freedom of speech and press.
    These freedoms continued to decline during the year, according to
    international NGO Freedom House. Broadcast journalists and government
    print media journalists practiced self-censorship. The nongovernment
    print media experienced few constraints, as long as their reporting
    stayed only in print form and was not broadcast.
        Individuals could criticize the Government publicly or privately
    without reprisal on relatively minor issues. However, persons feared
    reprisal if they named high-level officials while criticizing
    government policies. The Government generally did not proactively
    attempt to impede criticism by, for example, monitoring political
    meetings, but sometimes punished critics after the fact. Two private
    newspapers, Le Choc and Le Trottoir, were both ordered to close in May
    for publishing ``illicit'' photographs of French President Nicolas
    Sarkozy and reporting without checking facts. Both newspapers were
    allowed to resume circulation after two and three month suspensions,
    respectively.
        There was one state-owned newspaper, La Nouvelle Republique, and
    several publications which were closely allied with the Government.
    There were 40 private weekly newspapers in Brazzaville that criticized
    the Government. Newspapers occasionally published open letters written
    by government opponents. The print media did not circulate widely
    beyond Brazzaville and Pointe Noire.
        Most citizens obtained their news from radio or television, and in
    rural areas primarily from government-controlled radio. There were
    three privately owned radio stations, all progovernment, three
    government-owned radio stations, and one government-owned television
    station. There were four privately owned television stations; two of
    the four stations were sometimes critical of the Government. Several
    satellite television services were available for the few who could
    afford to watch them.
        Government journalists were not independent and were expected to
    report positively on government activities. However, unlike the
    previous year, there was no evidence that there were adverse
    consequences when government journalists deviated from this guidance.
        A number of journalists based in Brazzaville represented
    international media. There were no confirmed reports of the Government
    revoking journalists' accreditations if their reporting reflected
    adversely on the Government's image; however, the Government did not
    repeal the policy that allowed for such revocation. This policy
    affected journalists employed by both international and government-
    controlled media. Local private journalists were not affected.
        The press law provides for monetary penalties for defamation and
    incitement to violence.

        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 International Telecommunication Union statistics for 2008,
    approximately 4 percent of the country's inhabitants used the Internet.
    A greater proportion of the public, especially youth, was accessing the
    Internet more frequently. However, only the most affluent could afford
    to access the Internet in their own homes, and the rest of the
    population used cyber cafes. There were no known documented attempts by
    the Government to collect personally identifiable information via 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 in practice.
        Groups that wished to hold public assemblies were required to seek
    authorization from the Ministry of Interior and Decentralization and
    appropriate local officials, who could withhold authorization for
    meetings that they claimed might threaten public order. Unlike the
    previous year, the Government respected this right in practice.

        Freedom of Association.--The constitution and law provide for
    freedom of association, and the Government generally respected the
    right of most groups to associate. Groups or associations--political,
    social, or economic--were generally required to register with the
    Ministry of Territorial Administration. Registration could sometimes be
    subject to political influence. There were no reports of discriminatory
    practices that targeted any particular group.

        c. Freedom of Religion.--For a description of religious freedom,
    please see the 2010 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 and law provide for
    freedom of movement within the country, foreign travel, emigration, and
    repatriation; however, in practice the Government at times imposed
    limitations.
        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.
        Although the 2003 disarmament agreement effectively ended the
    organized rebellion in the Pool region, unidentified armed elements
    believed to be ex-Ninja rebels continued to harass and intimidate
    citizens. The country's major road and railway connecting the capital
    Brazzaville to the port of Point Noire traverse the Pool region. As
    such, banditry in the Pool necessarily limited freedom of movement of
    persons and goods through much of the country. However, unlike in the
    previous years, there were no reports of deaths attributed to banditry
    in the Pool region during the year, and reports of banditry declined.
        The Armed Forces and the National Police partnered with the newly
    created government entity named ``Delegation Generale Chargee de la
    Promotion des Valeurs de Paix et de la Reparation des Sequelles de
    Guerre'' and led by former rebel leader and current high commissioner
    Frederic Ntumi Bintsamou, to promote peace and repair war aftermath
    effects. The two operations, namely ``Kimia'' and ``Kidzounou,''
    meaning peace in local languages and launched in September and October,
    were being reported as successful by various international
    organizations and NGOs. By year's end the situation in the Pool region
    had greatly improved. The National Police deployed several units to
    further secure the area, restore peace, and protect the population and
    their belongings.
        The Government imposed an international travel ban on several
    opposition leaders following a July 2009 protest to contest the
    announced results of the presidential election. Ange Eduard Poungui,
    vice president of the Panafrican Union for Social Democracy, opposition
    leader Matias Dzon, and Emmanuel Ngouelondele, president of the Party
    for Democratic Alliance, were not able to travel outside the country
    for more than one year. In July the minister of justice announced that
    the travel ban was no longer in effect. However, the opposition
    continued to claim that the travel ban was de facto in effect and that
    the Government would file charges against them on undisclosed grounds
    if they attempt to leave the country.
        The law prohibits forced exile, and the Government did not practice
    it.
        The Government did not generally prevent the return of citizens,
    including political opponents of the president. In May former first
    lady Jocelyne Lissouba returned to the country for the first time since
    she fled with her husband, former president Pascal Lissouba, in 1997.
    Jocelyn Lissouba enjoyed a warm reception from President Sassou-
    Nguesso. Former president Lissouba received a pardon in December 2009,
    but remained in France for health reasons.

        Protection of Refugees.--The country's laws provide for the
    granting of asylum or refugee status, 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
    on account of their race, religion, nationality, membership in a
    particular social group, or political opinion.
        The country, especially in areas that border the Democratic
    Republic of Congo (DRC), received numerous waves of displaced persons
    in recent years. Between October 2009 and May 2010, nearly 124,000
    refugees fled ethnic violence and rebellion in Equateur Province of the
    DRC to seek shelter in the country's Likouala region.
        In June the Government signed a tripartite agreement with the
    Government of the DRC and UNHCR that outlined the conditions and means
    for an eventual voluntary repatriation. The tripartite agreement
    parties met again in November and agreed on a repatriation roadmap that
    would begin to repatriate the first group of refugees in April 2011.
        Applications for refugee status are handled by the National Refugee
    Assistance Center (CNAR). The CNAR received 80-90 percent of its
    operating budget from UNHCR. In 2007 and 2008 the CNAR and UNHCR
    processed a backlog of around 4,800 asylum seekers that covered the
    period beginning in 2003. In 2008 there were 993 asylum applications,
    in 2009 there were 397 applications, and an additional 128 asylum
    applications were received during the year. At year's end 5,754
    individuals were seeking asylum. According to UNHCR, as of December,
    the country hosted 137,789 refugees and asylum seekers. Refugees and
    asylum seekers came from the DRC (128,334); Rwanda (7,586); Angola
    (863); and others (1,006).
        Employment opportunities and rights for refugees are not enumerated
    in law. Anecdotal evidence suggests that quotas and excessive work
    permit fees limit refugee employment opportunities. A healthcare
    organization stated that the law requires it to hire the country's
    nationals for at least 90 percent of its positions. The same
    organization stated that two-year work permits that cost around 150,000
    CFA ($303), roughly equivalent to three months salary, are required.
        Gender-based violence was frequent in refugee camps, although a
    vast majority of the cases went unreported. UNHCR protection officers
    and medical personnel provided medical, psychosocial, and legal
    assistance to victims of gender-based violence, including rape.
    Refugees had equal access to community health centers and hospitals and
    legal recourse.
        Access to secondary education for refugees was severely limited,
    resulting in many children not attending school. Primary school was
    funded by UNHCR and made accessible to all refugees during the past
    year.
    Section 3. Respect for Political Rights: The Right of Citizens to
            Change Their Government
        The constitution and law provide citizens with the right to change
    their government peacefully, and citizens exercised this right during
    the July 2009 presidential election.

        Elections and Political Participation.--Denis Sassou Nguesso was
    reelected president in the July 2009 election with 78 percent of the
    vote. Officially, 66 percent of eligible voters participated in the
    election, although the opposition estimated the turnout to be much
    lower. While the election was peaceful, opposition candidates and NGOs
    criticized the election for irregularities, such as discrepancies
    between the officially reported rates of voter participation and those
    observed by independent election observers. The African Union declared
    the elections to have been free and fair. Prior to the election the EU
    representative questioned the method of updating the voter registry.
        On October 16, a well known opposition group held a meeting to
    denounce the voter registration process. According to the group's
    leader, the voter registration list then being drafted was severely
    blemished by ``monstrous manipulations'' that included fictitious
    voters from villages that no longer existed.
        Major political parties included the ruling PCT, the Pan-African
    Union for Social Development, the Congolese Movement for Democracy and
    Integrated Development, the Union for Democracy and the Republic, the
    Rally for Democracy and Social Progress, and the Union for Progress.
    Opposition parties encountered government restrictions, particularly
    with regard to the right to organize. Opposition parties were
    restricted from organizing before, during, and after the July 2009
    presidential elections.
        Following the July 2009 election, the newly appointed government
    included high-ranking politicians from northern ethnic tribes as well
    as representatives from other regions and ethnicities.
        There were nine women in the 72-seat Senate and nine women in the
    137-seat National Assembly. There were five women in the 37-member
    cabinet.
        Some Pygmies were excluded from the political process due to their
    isolation in remote areas, lack of registration, culture, and
    stigmatization by the majority Bantu population (see section 6).
    However, Pygmy rights were strengthened following the parliament's
    passage of a Pygmy rights protection law on December 27.
    Section 4. Official Corruption and Government Transparency
        The law provides for criminal penalties for official corruption;
    however, the Government did not implement the law effectively, and
    officials engaged in corrupt practices with impunity. According to the
    World Bank's Worldwide Governance Indicators, government corruption was
    a severe problem, although the Bank and the International Monetary Fund
    noted that the Government undertook significant reform measures to
    combat corruption. For example, in February the Government undertook an
    effort to identify and remove payroll salaries of nonexistent civil
    servants known as ghost workers. It identified 2,700 ghost workers,
    many of whom were receiving one or more fraudulent salaries in addition
    to their legitimate one.
        There was a widespread perception of corruption throughout
    government, including misuse of revenues from the oil and forestry
    sectors. Some local and international organizations claimed that
    government officials, through bribes or other fraud, regularly diverted
    revenues from these industries into private overseas accounts before
    the revenues were declared officially. Pervasive lower-level corruption
    included security personnel, and customs and immigration officials
    demanding bribes. During the year there were reports of arrested
    individuals whose families bribed police to secure their release.
        Senior officials were subject to financial disclosure laws. It was
    unclear if they complied in practice.
        The law provides for public access to government information for
    citizens, noncitizens, and the foreign media; however, in practice
    there were lengthy delays before the Government released information,
    if it did so at all.
    Section 5. Governmental Attitude Regarding International and
            Nongovernmental Investigation of Alleged Violations of Human
            Rights
        A number of domestic and international human rights groups
    generally operated, with some exceptions, without government
    restriction during their investigations and publishing their findings
    on human rights cases. Government officials generally were more
    cooperative with and responsive to international groups than domestic
    human rights groups. Some domestic human rights groups tended not to
    report specific incidents for fear the Government would impose
    obstacles to their work.
        The Government-sponsored HRC is charged with acting as a government
    watchdog and addressing public concerns on human rights issues. Some
    observers claimed that the commission was completely ineffective,
    lacked independence, and was primarily represented by persons who have
    no expertise in human rights. The president appointed most, if not all,
    of its members.
        On April 30, the designated officers of the HRC met to examine and
    adopt a 2010-2012 action plan, a detailed program for the commission's
    activities, and a review of the various representative structures in
    the country side (other departments, cities and villages); and to
    create the HRC's documentation center.
        On November 18, the HRC visited Brazzaville's prison, but the
    results of its visit were not published by year's end.
        Representatives from the International Court of Justice visited
    Brazzaville in November 2009 but did not issue any report. Local NGOs
    had poor access to government officials and detainees.
    Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
        The law and constitution prohibit discrimination on the basis of
    race, gender, language, religion, social status, or handicap; however,
    the Government did not effectively enforce these prohibitions. There
    were documented instances of societal discrimination and violence
    against women. In addition, regional ethnic discrimination and
    discrimination against indigenous persons occurred.

        Women.--Rape, including spousal rape, is illegal; however, the
    Government did not effectively enforce the law. The law prescribes five
    to 10 years in prison for violators. However, according to local
    women's groups, the penalties for rape could be as little as several
    months and rarely more than three years' imprisonment, despite what the
    law says. Rape was common, although the extent of the problem was
    unknown because the crime was seldom reported. As of July 2009, the
    latest period for which such data was available, a total of 182 cases
    of rape were reported to local police. Fewer than 25 percent of
    reported rape cases were prosecuted, according to local and
    international NGO estimates. In August a suspected serial killer who
    allegedly raped and killed nine women was arrested and detained in the
    Brazzaville prison, and was awaiting trial for rape and murder at
    year's end.
        Domestic violence against women, including rape and beatings, was
    widespread but rarely reported. There were no specific provisions under
    the law outlawing spousal battery other than general statutes
    prohibiting assault. Domestic violence traditionally was handled within
    the extended family or village, and only more extreme incidents were
    reported to the police, a result of victims' fear of social stigma.
    Local NGOs sponsored domestic violence awareness campaigns and
    workshops.
        Female genital mutilation (FGM) was not practiced indigenously and
    is against the law. It may have occurred in some immigrant communities
    from West African countries where it is common. There were no known
    governmental or other efforts to investigate or combat FGM.
        Sexual harassment is illegal. Generally the penalty is two to five
    years in prison. In particularly egregious cases the penalty can equal
    the maximum for rape, i.e., five to 10 years in prison. However, the
    Government did not effectively enforce the law. According to local
    NGOs, sexual harassment was very common but rarely reported. As in
    previous years there were no available official statistics on its
    incidence.
        There are no laws restricting reproductive rights, childbirth, or
    timing of pregnancies. There were no restrictions on the right to
    access contraceptives; however, they were not widely used by the
    population due to cost. According to the UN Population Fund (UNFPA) in
    2008, only about 13 percent of married women ages 15-49 used some form
    of a modern contraceptive method. Health clinics and public hospitals
    were generally in poor condition and lacked experienced health staff.
    The UNFPA estimated the maternal mortality ratio (the ratio of the
    number of maternal deaths per 100,000 live births) to be 781 and a
    woman's lifetime risk of maternal death to be one in 39. According to
    the Population Reference Bureau, approximately 83 percent of births
    were attended by skilled personnel.
        Men and women received equal access to diagnosis and treatment for
    sexually transmitted infections, including HIV. However, HIV-positive
    persons continued to experience social stigmatization and
    discrimination that limited their access to these services. The
    National Committee to Fight AIDS coordinated national policy to counter
    the spread of the HIV/AIDS virus.
        Customary marriage and family laws discriminate against women.
    Adultery is illegal for both women and men. Polygyny is legal while
    polyandry is not. The law provides that a legal wife shall inherit 30
    percent of her husband's estate. The law limits dowries to symbolic
    amounts; however, this often was not respected, and men were obliged to
    pay excessive bride prices to the woman's family. The Ministry of
    Promotion of Women's Rights was in charge of protecting and promoting
    the rights of women.
        The law prohibits discrimination based on gender and stipulates
    that women have the right to equal pay for equal work. However, women
    were underrepresented in the formal sector of the economy. Women
    experienced economic discrimination with respect to employment, credit,
    equal pay, and owning or managing businesses. Most women worked in the
    informal sector and thus had little or no access to employment
    benefits. Women in rural areas were especially disadvantaged in terms
    of education and wage employment, and were confined largely to family
    farming, small-scale commerce, and child-rearing responsibilities. Many
    local and international NGOs have developed microcredit programs to
    address this problem, and government ministries, including those of
    social affairs and agriculture, were also active in helping women set
    up small income-producing businesses.

        Children.--Citizenship is acquired by birth in the country as well
    as from one's parents.
        The Government does not provide automatic recording of births; it
    is up to parents to record the birth of a child. Recording is not
    required, but it must be done to obtain a birth certificate, which is
    necessary for school enrollment and other services. Pygmies, in
    particular, were denied social services as a result of not being
    registered. Those living in remote villages have a difficult time
    registering, as offices for registration are located only in provincial
    capitals. The Government continued a system of providing free birth
    registration in Brazzaville, but, as in previous years, the program did
    not cover other areas.
        Education is compulsory, tuition-free, and universal until the age
    of 16, but families are required to pay for books, uniforms, and school
    fees. School enrollment was generally higher in urban areas. Although
    there was no specific data available, Pygmy children were at a
    disadvantage in school attendance because their parents usually failed
    to register births and obtain the necessary records. Schools were
    overcrowded and facilities extremely poor. Girls and boys attended
    primary school in roughly equal numbers; however, boys were five times
    more likely than girls to go on to high school and four times more
    likely to go on to a university. In addition there were reports that
    teenage girls were pressured to exchange sex for better grades, which
    contributed to both the spread of HIV/AIDS and unwanted and unplanned
    pregnancies.
        Child abuse was not commonly reported, but was thought to be
    prevalent. Most reports in previous years involved the West African
    immigrant communities in the country.
        There were cases of children, particularly those who lived on the
    streets, engaging in prostitution without third-party involvement. The
    prevalence of the problem remained unclear, although the UN Children's
    Fund (UNICEF) estimated in a 2007 report that approximately 25 percent
    of the 1,800 estimated trafficked children were sexually exploited.
        A Child Protection Code promulgated in April provides penalties for
    crimes against children such as trafficking, pornography, neglect, and
    abuse. Penalties for these crimes range from forced labor, to fines of
    up to 10,000,000 CFA ($20,200), to prison sentences of several years.
    The penalty for child pornography includes a prison sentence up to one
    year and a fine up to 500,000 CFA ($1,010).
        The law prohibits child marriage, and the legal age for marriage is
    18 years for women and 21 for men. However, marriage at an earlier age
    is permissible if both sets of parents give their permission; the law
    does not specify the age in this special circumstance.
        International organizations assisted with programs to feed and
    shelter street children, the majority of whom lived in Brazzaville and
    Pointe Noire and were believed to be from the DRC, according to UNICEF.
    Children who lived on the streets were vulnerable to sexual
    exploitation and often fell prey to criminal elements such as drug
    smugglers. Many begged, while others sold cheap or stolen goods to
    support themselves.
        The country is not a party to the 1980 Hague Convention on the
    Civil Aspects of International Child Abduction. For information on
    international child abduction, please see the Department of State's
    annual report on compliance at http://www.travel.state.gov/abduction/
    resources/congressreport/congressreport--4308.html.

        Anti-Semitism.--There was no substantial Jewish community in the
    country. There were no reports of anti-Semitic acts.

        Trafficking in Persons.--For information on trafficking in persons,
    please see the Department of State's annual Trafficking in Persons
    Report at www.state.gov/g/tip.

        Persons With Disabilities.--The law prohibits discrimination
    against persons with physical, sensory, intellectual, or mental
    disabilities in employment, education, access to health care, or in the
    provision of other state services, although the Government generally
    did not enforce the law.
        There were no laws mandating access for persons with disabilities.
    The Ministry of Social Affairs is the lead ministry responsible for
    these issues.

        National/Racial/Ethnic Minorities.--The law prohibits
    discrimination based on ethnicity; however, the Government did not
    effectively enforce this prohibition.
        Regional ethnic discrimination existed among all ethnic groups and
    was evident in government and private sector hiring and buying
    patterns. The relationships among ethnic, regional, and political
    cleavages can be difficult to discern. Many of the supporters of the
    Government included persons from northern ethnic groups, such as the
    president's Mbochi group and related clans.

        Indigenous People.--According to local NGOs, Pygmies were severely
    marginalized in regard to employment, health services, and education,
    in part due to their isolation in remote areas of the country and their
    different cultural norms. Pygmies were often considered socially
    inferior and had little political voice; however, in recent years
    several Pygmy rights groups have developed programs to overcome this.
    Many Pygmies were not aware of the concept of voting and had minimal
    ability to influence government decisions affecting their interests.
        Some NGOs asserted that many Pygmy groups, who lived primarily in
    forest regions, did not enjoy equal treatment in the predominantly
    Bantu society. Indigenous persons were estimated to constitute 10
    percent of the population, or an estimated 370,000 persons.
        The Government disbanded several business operations in northern
    Congo in which Bantu groups were misusing and abusing the labor of the
    Pygmy persons. Pygmies were notably more prevalent in the hunting and
    natural healing professions.

        Societal Abuses, Discrimination, and Acts of Violence Based on
    Sexual Orientation and Gender Identity.--The constitution prohibits
    discrimination based on political, sexual, or religious orientation.
    There was not a large openly gay or lesbian community due to the social
    stigma associated with homosexuality. A law that was promulgated during
    the country's colonial era and still in force prohibits homosexual
    conduct as punishable by up to two years' imprisonment; however, the
    law was rarely enforced. The most recent arrest under this law was in
    1996, when several individuals were arrested in Pointe Noire and
    briefly detained for homosexual behavior.
        There were no known cases of violence or discrimination against
    gays, lesbians, or transgendered individuals during the year. While
    discrimination may exist due to the social stigma surrounding
    homosexuality, no such cases were reported to the NGOs or covered by
    the media.

        Other Societal Violence or Discrimination.--Public opinion polls
    show that societal discrimination against individuals with HIV/AIDS is
    significant. Unlawful divulgence of medical records by practitioners,
    negligence in treatment by health professionals, family abandonment,
    and unwarranted termination of employment are all offenses subject to
    sanctions. Civil society, including persons living with HIV/AIDS, was
    fairly well organized and sought fair treatment, especially regarding
    employment. NGOs and the Government worked widely on HIV/AIDS issues,
    including raising public awareness of the fact that those living with
    HIV/AIDS were still able to contribute to society.
    Section 7. 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. Workers exercised this right in practice. However,
    members of the security forces and other essential services do not have
    this right. Nearly all the workers in the public sector and
    approximately 25 percent of workers in the formal private sector were
    union members. The law allows unions to conduct their activities
    without interference, and the Government protected this right in
    practice.
        Workers have the right to strike, provided all conciliation and
    nonbinding arbitration procedures have been exhausted, and due notice
    has been given.

        b. The Right to Organize and Bargain Collectively.--The law also
    provides for the right to bargain collectively, and workers exercised
    this right freely, although collective bargaining was not widespread
    due to the severe economic conditions.
        There were no reports that antiunion discrimination occurred. Most
    trade unions were reportedly weak and subject to government influence;
    as a result, workers' demonstrations were frequently prohibited, often
    by the unions themselves. There were no reports during the year of
    employers firing workers for union activity.
        There are no export processing zones.

        c. Prohibition of Forced or Compulsory Labor.--The law prohibits
    forced or compulsory labor, including by children. There were
    unconfirmed reports that such practices occurred, but, unlike in
    previous years, no such cases were documented either by the NGOs or the
    Government.
        The Government has not repealed a 1960 law which allows persons to
    be requisitioned for work of public interest and provides for their
    possible imprisonment if they refuse. However, there were no reports of
    the law ever being applied or enforced.
        Also see the Department of State's annual Trafficking in Persons
    Report at www.state.gov/g/tip

        d. Prohibition of Child Labor and Minimum Age for Employment.--
    Although there are laws and policies designed to protect children from
    exploitation in the workplace, child labor was a problem. The minimum
    age for employment or internships was 16 years; however, this law
    generally was not enforced, particularly in rural areas and in the
    informal sector. Children worked with their families on farms or in
    small businesses in the informal sector without government monitoring.
        The most common forms of child labor were in markets or in the
    fishing industry, where children were subject to harsh conditions, long
    hours, and little or no pay. There were no official government
    statistics on general child labor. However, a 2005 International Labor
    Organization survey showed that 85 percent of the 47,000 working
    children resided in rural areas, and just over half (53 percent) were
    girls who performed household chores or worked in exchange for pay.
        The Ministry of Labor, which is responsible for enforcing child
    labor laws, concentrated its limited resources on the formal wage
    sector, where its efforts generally were effective. As in previous
    years limited resources prevented the ministry from carrying out
    regular child labor inspection trips. Labor inspections occurred during
    the year, but there were no official data available at year's end.
    International aid groups reported little change during the year in
    child labor conditions.
        For information on child trafficking see the Department of State's
    annual Trafficking in Persons Report at www.state.gov/g/tip

        e. Acceptable Conditions of Work.--The national minimum wage, which
    was 54,000 CFA ($109) per month in the formal sector, did not provide a
    decent standard of living for a worker and family. There was no
    official minimum wage for the agricultural and other informal sectors.
    High urban prices and dependent extended families obliged many workers,
    including teachers and health workers, to seek secondary employment,
    mainly in the informal sector.
        The law provides for a standard workweek of seven hours per day,
    five days a week, with a one-hour lunch break. There was no legal limit
    on the number of hours worked per week. The law stipulates that
    overtime must be paid for all work in excess of 42 hours per week;
    however, there is no legal prohibition against excessive compulsory
    overtime. Overtime was subject to agreement between employer and
    employee. These standards were generally observed, and workers were
    usually paid in cash for overtime work beyond 42 hours per week.
        Although health and safety regulations require biannual visits to
    businesses by inspectors from the Ministry of Labor, such visits
    occurred much less frequently, and enforcement of findings was uneven.
    Unions generally were vigilant in calling attention to dangerous
    working conditions; however, the observance of safety standards often
    was lax. Workers have no specific right to remove themselves from
    situations that endanger their health or safety without jeopardizing
    their continued employment. There were no exceptions for foreign or
    migrant workers.

                                   __________

                                 COTE D'IVOIRE

        Cote d'Ivoire is a democratic republic with an estimated population
    of 21 million. On October 31, the country held its first presidential
    election in 10 years. Incumbent President Laurent Gbagbo, candidate of
    the Ivoirian People's Front (FPI), and opposition party leader Alassane
    Ouattara, candidate of the Rally for Republicans (RDR), advanced to the
    November 28 presidential runoff.
        On December 2, the Independent Electoral Commission (CEI) declared
    Ouattara the winner of the runoff with 54.1 percent of the vote as
    compared with 45.9 percent for Gbagbo. The UN and international and
    domestic observer missions declared the vote fair and democratic and
    recognized Ouattara as the country's duly elected president. Gbagbo
    refused to accept the results, alleging voter fraud and intimidation in
    several regions. On December 3, the Constitutional Council, which was
    made up entirely of Gbagbo appointees, overturned the CEI ruling,
    citing voter ``irregularities.'' More than 500,000 votes for Ouattara
    were annulled, and Gbagbo was declared the winner.
        Ouattara and Gbagbo took separate oaths of office December 3 and
    announced separate cabinets. At year's end President Ouattara and
    former president Gbagbo remained in a standoff over the presidency.
    President Ouattara operated his government from the Golf Hotel in
    Abidjan under a blockade of pro-Gbagbo forces. Access to President
    Ouattara and his government, including replenishment of food and
    medical supplies, was extremely limited and occurred primarily via UN
    helicopter. At year's end former president Gbagbo retained control of
    state resources including the national television station, the security
    forces, and the treasury.
        Efforts to reunite the country following the 2002 rebellion that
    split control of the country between the rebel group Forces Nouvelles
    (FN) in the north and the Government in the south, and as stipulated in
    the 2007 Ouagadougou Political Agreement signed by then-president
    Gbagbo and FN rebel leader Guillaume Soro, remained incomplete at
    year's end. Approximately 7,750 UN Operation in Cote d'Ivoire (UNOCI)
    and 900 Operation Licorne French armed forces peacekeepers remained in
    the country to support the continuing peace process. Due to the
    standoff over the presidency and Gbagbo's control of state resources,
    civilian authorities failed to maintain effective control of the
    security forces in Gbagbo-controlled zones, and authorities of the FN's
    military wing, the Forces Armees des Forces Nouvelles (FAFN), generally
    failed to maintain effective control of the security forces in FN-
    controlled zones.
        The following human rights abuses were reported in areas under
    then-president Gbagbo's government control prior to the November 28
    presidential runoff: restriction of citizens' right to change their
    government; arbitrary and unlawful killings, including summary
    executions; torture and other cruel, inhuman, or degrading treatment
    and punishment; rape and sexual assault of civilians; life-threatening
    prison and detention center conditions; official impunity; arbitrary
    arrest and detention; denial of fair public trial; arbitrary
    interference with privacy, family, home, and correspondence; police
    harassment and abuse of noncitizen Africans; use of excessive force and
    other abuses in internal conflicts; restrictions on freedoms of speech,
    press, peaceful assembly, association, and movement; official
    corruption; discrimination and violence against women, including female
    genital mutilation (FGM); child abuse and exploitation, including
    forced and hazardous labor; forced labor; and trafficking in persons.
        There were credible reports that forces and authorities that
    remained loyal to Gbagbo after his defeat in the presidential runoff
    committed the following human rights abuses with impunity: arbitrary
    and unlawful killings, including summary executions; enforced
    disappearances; torture and other cruel, inhuman, or degrading
    treatment and punishment; rape of civilians; arbitrary arrest and
    detention; denial of fair public trial; arbitrary interference with
    privacy, family, home, and correspondence; and restrictions on freedoms
    of speech, press, peaceful assembly, association, and movement.
        There were credible reports that supporters of President Ouattara
    committed the following human rights abuses with impunity: torture and
    other cruel, inhuman, or degrading treatment and punishment; rape and
    sexual assault of civilians; arbitrary arrest and detention; denial of
    fair public trial; arbitrary interference with privacy, family, home,
    and correspondence; and restrictions on freedoms of speech, press,
    peaceful assembly, association, and movement.
        In areas under the effective control of the FN, there were reports
    of extrajudicial killings; torture and other cruel, inhuman, or
    degrading treatment and punishment; rape and sexual assault of
    civilians; life-threatening prison and detention center conditions;
    impunity; arbitrary arrest and detention; denial of fair public trial;
    arbitrary interference with privacy, family, and home; use of excessive
    force and other abuses in internal conflicts; restrictions on freedom
    of movement; corruption and extortion; discrimination and violence
    against women, including FGM; and child abuse and exploitation.
                            respect for human rights
    Section 1. Respect for the Integrity of the Person, Including Freedom
            From:

        a. Arbitrary or Unlawful Deprivation of Life.--Security forces
    continued to commit extrajudicial killings with impunity, and
    progovernment militia groups were responsible for killings and
    harassment. Crimes often went unreported or underreported due to fear
    of reprisals.
        Security forces killed demonstrators. Demonstrations broke out
    throughout the country after then-president Gbagbo dissolved the
    Government on February 12. The National Security Forces (FDS-CI) killed
    13 civilians, including three children, in four cities: the capital
    Abidjan, Daloa, Divo, and Gagnoa. Eleven died from gunshot wounds, and
    two others from mistreatment while in custody. Seventy-six civilians
    were injured, including three women and 14 minors. Eighteen members of
    the FDS-CI were wounded. Authorities arrested 95 persons during the
    events and charged 20 with disturbing the peace; they remained in jail
    at year's end. The UN concluded that several of these killings took
    place as persons fled the demonstration areas and inside private
    residences.
        On February 22, FDS-CI members killed Kouyate Lacine, Kone Lacine,
    and Sanogo Zakaria, in the Orly II and Sissoko neighborhoods of Daloa
    during a demonstration. Twenty-four persons were injured and 20 persons
    were arrested.
        On February 23, a 75 year-old Mauritanian man in Daloa died from
    internal bleeding resulting from injuries inflicted on him by FDS-CI
    personnel who entered his home in pursuit of demonstrators hiding in
    his courtyard.
        On July 6, two gendarmes, Marechal-des-logis (MDL) Koffi Bi and
    Ekra, of the Compagnie de Gendarmerie and Escadron 1/3 of Yamoussoukro,
    beat a Malian driver to death with truncheons and belts in the Kokronou
    II quarter. The incident followed accusations by gendarme MDL Koffi Bi
    that the man, whom he saw buying cigarettes near his home, was a drug
    addict. Bi and Ekra were not arrested and continued to perform their
    duties with impunity at year's end. The victim's family filed a
    complaint at the gendarmerie with the legal assistance of the Mouvement
    Ivoirien des Droits de l'Homme (MIDH).
        Security forces frequently resorted to lethal force to combat
    widespread crime and often committed crimes with impunity. Such cases
    often occurred when security forces apprehended suspects or tried to
    extort money from taxi drivers and merchants at checkpoints and
    roadblocks.
        There were continued reports of killings attributed to members of
    the security operations command center (CECOS), a government anticrime
    organization whose personnel were accused of human rights violations,
    racketeering, extortion, and harassment. Members of CECOS reportedly
    executed suspected thieves in Abidjan. The Ministry of Interior
    maintained that all victims were criminals killed in the course of
    police anticrime activities.
        There were no developments in other CECOS-related killings from
    previous years.
        On September 18, police officer Youssouf Sidibe of the Brigade de
    la Surveillance des Personnalites, shot and killed a 22 year-old man in
    the Abobo-Anador neighborhood of Abidjan following a traffic dispute.
    Soldiers of the Compagnie Republicaine de Securite 2 rescued the police
    officer from an angry mob and took him to the hospital in critical
    condition. The victim's family filed a complaint with authorities, but
    no formal investigation into the case had been opened by the
    gendarmerie or police by year's end.
        Following the November 28 presidential runoff, security forces
    loyal to former president Gbagbo committed extrajudicial killings. Pro-
    Gbagbo militia groups also committed killings.
        On the night of December 1, members of CECOS allegedly attacked the
    RDR party campaign office in the Youpougon district of Abidjan, killing
    six persons, injuring 14, and arresting seven others. Those detained
    were held at the MACA prison in Abidjan. No investigation was reported
    at year's end.
        On December 16, security forces loyal to Gbagbo fired on supporters
    of President Ouattara during a demonstration march. Credible reports
    indicate at least 20 persons were killed, numerous others wounded, and
    hundreds arrested.
        During the week of December 15-22, the UNOCI human rights division
    reported that 173 persons were killed, 90 tortured and mistreated, 471
    arbitrarily arrested and detained, and 24 were missing. The
    overwhelming majority of these cases of extrajudicial killings,
    torture, detention, and disappearance, were committed by security
    forces loyal to Gbagbo.
        There were numerous credible reports of CECOS involvement in
    extrajudicial killings, torture, and arbitrary detentions during the
    period following the presidential runoff. CECOS forces, in addition to
    elements of the Compagnie Republicaine de Securite, the Garde
    Republicaine, the Brigade Anti-Emeute, the gendarmerie, and the
    Ivoirian Marines, were implicated in abuses targeting pro-Ouattara
    supporters. The majority of these incidents occurred in the Abidjan
    neighborhoods of Abobo, Anyama, and Yopougon.
        During the year several extrajudicial killings attributed to the FN
    were reported in FN-controlled zones and in the former zone of
    confidence.
        On March 4, two FAFN soldiers, Bakayoko Tiekuma and Kone Moussa
    Junior, beat and killed a 35 year-old man of Gouro ethnic origin in
    Bazra Natis. The soldiers severely beat the victim for four hours with
    rifles and truncheons over accusations of stealing a sum of 85,000 FCFA
    ($170) from a Burkinabe farmer who filed a complaint with the FN. FN
    authorities arrested the two soldiers and transferred them to Seguela.
        From March 4 to 5, FAFN soldiers led by Kone Abdoulaye, alias
    Massa, severely beat a man at the FAFN headquarters in Odienne. The
    victim, who sustained a swollen eye, also complained of pain in the
    neck, the abdomen and both sides of the stomach. He died on March 6
    from his injuries. FN authorities took no action by year's end.
        On October 2, the UNOCI Human Rights Division reported that FAFN
    soldiers in Touba summarily executed 11 persons accused of highway
    robbery.
        There were credible reports that members of the Congres Panafricain
    des Jeunes et des Patriotes (COJEP), commonly known as the Young
    Patriots (a youth movement supporting Gbagbo and the FPI party)
    committed extra-judicial killings.
        The Young Patriots were responsible for summary executions in
    previous years and continued to operate with impunity.
        In Abidjan and the western part of the country, there were reports
    of atrocities, including killings by progovernment militia groups and
    armed bandits thought to be FN members.

        b. Disappearance.--Following the November 28 presidential runoff
    there were numerous reports of politically motivated disappearances
    committed by security forces and militia groups loyal to former
    president Gbagbo.
        The international nongovernmental organization (NGO) Human Rights
    Watch (HRW) issued the report Cote d'Ivoire: Pro-Gbagbo Forces
    Abducting Opponents, which documented a pattern of nightly raids on
    pro-Ouattara neighborhoods beginning December 16. The raids, reportedly
    conducted by security forces loyal to Gbagbo and militia groups,
    resulted in the disappearances of numerous persons.
        On December 23, UN Deputy High Commissioner for Human Rights Kyung-
    Wha Kang reported that UN human rights monitors had documented 24
    enforced disappearances.
        The Government made little effort to assist the continuing French
    investigation into the 2004 disappearance of Franco-Canadian journalist
    Guy Andre Kieffer, who was working on a story about money laundering
    and illegal currency transfers allegedly involving then-president
    Gbagbo's government when he disappeared.

        c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
    Punishment.--The constitution and law prohibit such practices; however,
    security forces, police, and FN soldiers beat and abused detainees and
    prisoners to punish them, extract confessions, or extort payments with
    impunity. Police officers forced detainees to perform degrading tasks
    under threat of physical harm and continued to harass and extort bribes
    from persons of northern origin or with northern names.
        On January 6, authorities released without charge Seydou Kone, a
    teacher and RDR activist, after a three-month detention in the MACA
    correctional facility and penitentiary in Abidjan. According to
    Soungalo Coulibaly, RDR's secretary for human rights who visited Kone
    in October 2009, Kone's body was scarred from the beatings he received
    while in detention.
        There continued to be reports that noncitizen Africans, mostly from
    neighboring countries, were subject to harassment and abuse by security
    forces and ``self-defense'' groups, including repeated document checks,
    security force extortion, and racketeering.
        Following the declaration by the Economic Community of West African
    States (ECOWAS) that Ouattara was the duly elected president of the
    country and statements by Nigerian President Goodluck Jonathan in
    support of Ouattara, there were numerous report s of harassment by
    Nigerians residing in the country. There were reports of targeting and
    destruction of Nigerian shops and businesses by security forces and
    pro-Gbagbo supporters and militias.
        On January 15, five armed FAFN soldiers stormed the house of a 33
        year-old former FAFN soldier in Bouake and arrested him for
    allegedly receiving stolen goods from another former FAFN soldier. They
    took the man to an illegal FAFN detention center located at the
    southern entrance to the city, the ``Corridor sud,'' where they beat
    him with a rifle butt. The FAFN soldiers poured melted rubber over his
    body and then detained him in a seven-foot-deep hole without food for
    one week. He was released on January 22. At year's end there were no
    reports that authorities had investigated the incident.
        On February 2, a group of FAFN soldiers arrested a 29 year-old man
    in Odienne and took him to the home of one of the soldiers, Kone Massa,
    where they tortured him for allegedly stealing a radio. Marks of
    mistreatment were visible on his body. They detained the victim at the
    Odienne police station until March 11, when he was released following
    the intervention of UNOCI human rights officers, UN Police, and the
    state prosecutor.
        On March 16 to 17 in Korhogo, the gendarmerie summoned a man
    accused of helping his 18 year-old girlfriend to escape from a forced
    marriage situation, after the girl's parents filed a complaint against
    him. An FAFN soldier stripped him half-naked and beat him with a stick.
        On March 30, 12 armed FDS-CI members seriously beat a Young
    Patriots regional leader in San Pedro after they claimed he attacked a
    different FDS-CI member. The Young Patriots leader sustained several
    injuries and received medical treatment in a private clinic. No
    investigation was undertaken at year's end, according to UNOCI human
    rights officers in San Pedro.
        Following the November 28th runoff, Ouattara supporters attempted
    to assault physically the principal of the Odienne ``College
    Municipal,'' a midwife, and two teachers. In Kani, north of Seguela, a
    local CEI commissioner was threatened with death by Ouattara
    supporters.
        There were credible reports that security forces, CECOS members,
    and FAFN soldiers continued to rape women and girls throughout the
    country, particularly in the central, northern, and western zones;
    however, there were few specific cases available to cite. The UNOCI
    Human Rights Division documented 23 cases of rape related to the
    electoral violence. For example, on December 24, a 44 year-old woman
    married to a high-ranking state official was raped in Benongossou, near
    the airport in Abidjan. The woman was abducted outside her home by two
    groups of individuals, one in civilian clothes armed with knives and
    another group in military uniforms and armed with rifles. She was taken
    into the nearby bush where she was sexually assaulted. Prior to this
    assault, she had received numerous death threats related to her refusal
    publicly to denounce Ouattara. The victim was referred to a specialized
    organization for psychological and medical assistance, and no further
    action was reported at year's end.
        There were no further developments from cases of torture and
    inhuman treatment in 2009.
        On October 22, HRW published Afraid and Forgotten: Lawlessness,
    Rape, and Impunity in Western Cote d'Ivoire, which documented numerous
    cases of violence, torture, and rape committed in the western
    administrative regions of Moyen Cavally and Dix-Huit Montagnes. The
    report highlighted the threat posed by militia groups and demobilized
    former soldiers to the general population, but specifically women and
    children. The report documented 109 specific cases of rape in the west
    (23 reported by victims, 86 by witnesses), between January 2009 and
    August 2010.
        The Ministry of Family, Women, and Social Affairs, in partnership
    with the UN Population Fund (UNFPA), the UN Development Fund for Women,
    UN Development Program, and the UN Children's Fund issued a report on
    gender-base violence in 2008. The report corroborated that the highest
    number of women who reported being the victims of sexual violence were
    in the western and northern regions, in Man (41percent), Duekoue (35
    percent), and Korhogo (26 percent).
        UNOCI established a commission of inquiry in December 2009 to probe
    allegations of sexual abuse involving UN peacekeepers in the country.
    UNOCI personnel involved in the 2007 sexual exploitation and abuse case
    of minors were returned to their home countries, where they stood
    trial. There were no significant cases involving peacekeepers during
    the year.

        Prison and Detention Center Conditions.--Conditions were poor and
    in some cases life-threatening in the country's 33 prisons. In the 22
    prisons that also served as detention centers, located in the area
    under government control in the south, overcrowding was a serious
    problem. For example, MACA, the country's main prison located in
    Abidjan, was built for 1,500 persons but held approximately 5,400 at
    year's end. Conditions in MACA were notoriously bad, especially for the
    poor; however, wealthier prisoners reportedly could ``buy'' extra cell
    space, food, and even staff to wash and iron their clothes. The
    Government provided inadequate daily food rations, which resulted in
    cases of severe malnutrition if families of prisoners did not bring
    additional food. As of November 12, 180 prisoners had died in
    government-controlled prisons during the year, mostly due to
    malnutrition and disease resulting from overcrowding. There were
    credible reports that prisoners frequently brutalized other prisoners
    for sleeping space and rations.
        Male minors were held separately from adult men, but the physical
    barriers at MACA were inadequate to enforce complete separation. Some
    minors were detained with their adult accomplices. Pretrial detainees
    were held with convicted prisoners.
        Prison conditions for women were particularly difficult, and
    health-care facilities were inadequate. There were continued reports
    that female prisoners engaged in sexual relations with wardens in
    exchange for food and privileges. Pregnant prisoners went to hospitals
    to give birth, and their children often lived with them in prison. The
    prisons accepted no responsibility for the care or feeding of the
    infants, although inmate mothers received help from local NGOs.
        The Government generally permitted access to prisons by the
    International Committee of the Red Cross (ICRC) and other local and
    international NGOs, including World Doctors, International Prisons'
    Friendship, Love Amour, Prisoners Without Borders, and the Ivoirian
    Islamic Medical Rescue Association. However, there were isolated
    incidents where the Government did not allow access. For example, on
    January 11, UNOCI human rights officers in San Pedro were denied access
    to the Sassandra central prison by its director, who claimed that all
    visits to detainees must be authorized in advance by the local
    prosecutor. The officers took up the matter with the local prosecutor.
        Detention and prison conditions in FN zones were worse than in
    MACA, with detainees sometimes held in converted schools, movie
    theaters, or other buildings with poor air circulation and sanitary
    facilities. Since at least 2008, the FN have used a seven-foot-deep
    hole covered with iron bars as an illegal detention area. Nutrition and
    medical care were inadequate. Many detainees became ill, and some died
    from respiratory disease, tuberculosis, or malaria due to lack of
    medical care and unhygienic conditions.
        The FN sometimes denied prison access to the ICRC and the UNOCI
    human rights division local teams; the FN also sometimes denied
    visitation rights to domestic human rights groups.
        With financial assistance from a foreign government, the NGO
    Prisoners Without Borders completed renovations on all 11 prisons
    located in FN-controlled zones in 2008. The FN officially transferred
    control of the prisons over to the Government in January; however, in
    practice the FN still retained operational control of the prisons in
    the north.

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

        Role of the Police and Security Apparatus.--Security forces under
    the Ministries of Defense and Interior included the army, navy, air
    force, republican guard, presidential security force, and the
    gendarmerie, a branch of the armed forces with responsibility for
    general law enforcement. Police forces, which are under the
    jurisdiction of the Ministry of Interior, include paramilitary rapid
    intervention units such as the antiriot brigade, the republican
    security company, and the Directorate for Territorial Surveillance
    (DST), a plainclothes investigating unit. In 2005 the Ministry of
    Interior formed CECOS to combat rising crime in Abidjan. A central
    security staff collected and distributed information regarding crime
    and coordinated the activities of the security forces.
        Poor training and supervision of security forces, corruption,
    impunity, and investigations conducted by security forces that were
    abusers resulted in general lawlessness and public fear of pressing
    charges. Racketeering at roadblocks remained a serious problem.
    Security forces harassed, intimidated, abused, and confiscated the
    official documents of persons who refused to pay bribes. Security
    forces also frequently resorted to excessive and sometimes lethal force
    while conducting security operations and dispersing demonstrations.
    Police reportedly solicited sexual favors from prostitutes in exchange
    for not arresting them. There were credible reports that security
    forces in Abidjan rented their uniforms and weapons to persons wanting
    to engage in criminal activity. Security forces also occasionally
    failed to prevent violence.
        The Government sometimes took action against police officers who
    committed abuses; however, it generally did not investigate or punish
    effectively the perpetrators, nor did it consistently prosecute persons
    responsible for unlawful killings and disappearances in previous years.

        Arrest Procedures and Treatment While in Detention.--Detainees were
    not always informed promptly of charges against them, especially in
    cases concerning state security. Defendants do not have the right to a
    judicial determination of the legality of their detention. A bail
    system existed solely at the discretion of the judge trying the case.
    Detainees were generally allowed access to lawyers; however, in cases
    involving possible complicity with rebels or other matters of national
    security, detainees were frequently denied access to lawyers and family
    members. For more serious crimes, those who could not afford to pay for
    lawyers were provided lawyers by the state, but alleged offenders
    charged with less serious offenses were often without representation.
    Incommunicado detention was a problem, and a few persons held in this
    manner were tortured during the year (see section 1.c.).
        A public prosecutor may order the detention of a suspect for 48
    hours without bringing charges, and in special cases such as suspected
    actions against state security, the law permits an additional 48-hour
    period. According to local human rights groups, police often held
    persons for more than the 48-hour legal limit without bringing charges,
    and magistrates often were unable to verify that detainees who were not
    charged were released. A magistrate can order pretrial detention for up
    to four months by submitting a written justification each month to the
    minister of justice.
        The DST was charged with collecting and analyzing information
    relating to national security. It had the authority to hold persons for
    up to four days without charges; however, human rights groups stated
    there were numerous cases of detentions exceeding the statutory limit.
        On July 12, authorities released, after a detention of more than
    two years, five former FAFN soldiers arrested and detained in 2007 in
    Bouake, Korhogo, and Ferkessedougou for their alleged involvement in an
    assassination attempt on Prime Minister Guillaume Soro. The five
    appeared in Bouake before an FAFN military committee; they were
    released on the condition that they sign a document confessing their
    involvement in the assassination attempt.
        On July 20, the UN Human Rights Regional Office in Bouake reported
    that six corporals serving in the FN Zone 9 in Boundiali were arrested,
    tortured, and detained on July 7 at the Bouake civilian prison. They
    were accused of being involved in the May 19 killing of Coulibaly
    Tabakaly, chief of security of FN Zone 9, and Kona Stephan, chief of
    the Boundiali-Korhogo sub-zone. At year's end the six corporals
    remained in jail, and local officials reported that no case could be
    undertaken in the absence of a functioning court system. UNOCI human
    rights officers continued to investigate the case at year's end.
        There were numerous reports that security forces arbitrarily
    arrested merchants and transporters, often in conjunction with
    harassment and requests for bribes.
        Police and gendarmes detained persons in various military camps in
    Abidjan; however, there were fewer such reports prior to November 28
    than in the previous year. Following the presidential runoff, there
    were numerous credible reports that security forces loyal to Gbagbo
    detained Ouattara supporters in the Ecole de la Gendarmarie and Ecole
    de Police bases in Abidjan.
        On December 18 in Bouake, FAFN soldiers arbitrarily arrested and
    detained two Ivoirians accused of being mercenaries. On December 21 in
    Bouna, the FN arrested nine foreigners, including three Cameroonians,
    four Ghanaians, a Nigerian, and a Togolese, suspected of being
    mercenaries.
        Prolonged pretrial detention was a problem. Despite the legal limit
    of 10 months of pretrial detention in civil cases and 22 months in
    criminal cases, some pretrial detainees were held in detention for
    years. As of November 12, the national prison administration reported
    that 24 percent of the 12,256 persons held in the 22 government-
    controlled prisons were pretrial detainees.

        e. Denial of Fair Public Trial.--The constitution and law provide
    for an independent judiciary; however, in practice the judiciary was
    subject to influence from the executive branch, the military, and other
    outside forces. Although the judiciary was independent in ordinary
    criminal cases, it followed the lead of the executive in national
    security or politically sensitive cases. There also were credible
    reports that judges were corrupt. It was common for judges receptive to
    bribery to distort the merits of a case. Judges also reportedly
    accepted bribes in the form of money and sexual favors (see section 4).
    The judiciary was slow and inefficient.

        Trial Procedures.--The Government did not always respect the
    presumption of innocence. The law provides for the right to public
    trial, although key evidence sometimes is given secretly. Juries are
    used only in trials at the court of assizes, which convenes as required
    to try criminal cases.
        Defendants had the right to be present at their trial, but they may
    not present witnesses or evidence on their behalf or question any
    witnesses brought to testify against them. Defendants accused of
    felonies or capital crimes had the right to legal counsel. Other
    defendants may also seek legal counsel, but it is not obligatory. The
    judicial system provides for court-appointed attorneys; however, no
    free legal assistance was available, aside from infrequent instances in
    which members of the bar provided free advice to defendants for limited
    periods. Defendants may not access government-held evidence, although
    their attorneys have the legal right to do so. Courts may try
    defendants in their absence. Those convicted had the right of appeal,
    although higher courts rarely overturned verdicts.
        In rural areas traditional institutions often administered justice
    at the village level, handling domestic disputes and minor land
    questions in accordance with customary law. Dispute resolution was by
    extended debate, with no known instance of physical punishment. The
    formal court system increasingly superseded these traditional
    mechanisms. The law specifically provides for a grand mediator,
    appointed by the president, to bridge traditional and modern methods of
    dispute resolution. Grand mediators did not operate during the year.
        Military courts did not try civilians and provided the same rights
    as civil criminal courts. Although there were no appellate courts
    within the military court system, persons convicted by a military
    tribunal may petition the Supreme Court to set aside the tribunal's
    verdict and order a retrial.
        Little information was available on the judicial system used by the
    FN in the northern and western regions.

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

        Civil Judicial Procedures and Remedies.--The constitution and law
    provide for an independent judiciary in civil matters; however, the
    judiciary was subject to corruption, outside influence, and favoritism
    based on family and ethnic ties (see section 4). Citizens can bring
    lawsuits seeking damages for, or cessation of, a human rights
    violation; however, they did so infrequently. The judiciary was slow
    and inefficient, and there were problems enforcing domestic court
    orders.

        f. Arbitrary Interference With Privacy, Family, Home, or
    Correspondence.--The constitution and law provide for these rights;
    however, the Government did not respect these rights in practice.
    Officials must have warrants to conduct searches, must have the
    prosecutor's agreement to retain any evidence seized in a search, and
    are required to have witnesses to a search, which may take place at any
    time; however, in practice police sometimes used a general search
    warrant without a name or address.
        Following the November 28 presidential runoff, security forces and
    militias loyal to former president Gbagbo conducted nightly raids on
    houses in pro-Ouattara neighborhoods. Credible reports indicated that
    CECOS, Republican Guard, and paid Liberian mercenaries were responsible
    for these nightly raids, which involved invading private residences,
    extrajudicial killings, and forced disappearances.
        Security forces monitored private telephone conversations, but the
    extent of the practice was unknown. The Government admitted that it
    listened to fixed-line and cellular telephone calls. Authorities
    monitored letters and parcels at the post office for potential criminal
    activity, and they were believed to have monitored private
    correspondence, although there was no evidence of this activity.
    Members of the Government reportedly continued to use students as
    informants.
        The FN continued to use confiscated property and vehicles of civil
    servants and those believed to be loyal to then-president Gbagbo;
    however, the FN vacated some of the property confiscated in previous
    years.
        In the period following the November 28 runoff, there were credible
    reports of abuse and arbitrary interference with home and privacy by
    members of the FAFN against suspected Gbagbo supporters. For example,
    on December 3, in Ben Koussaikro, five FAFN soldiers broke into the
    home of the parent of aGbagbo supporter and stole 13,000 FCFA ($26).
    Seven other FAFN approached the same home two hours later and
    confiscated four bags containing around 1,000 T-shirts and threatened
    to return if the victim did not cease campaigning for Gbagbo.
        Ouattara loyalists also participated in a small number attacks
    against Gbagbo supporters. For example, the FPI headquarters in Bouake
    was attacked and vandalized in the aftermath of the November 28
    presidential runoff. The residences of Siki Blon Blaise, president of
    the Conseil General; Lancine Gon Coulibaly, former Mayor of Korhogo,
    and Issa Malick Coulibaly, national campaign director of Gbagbo, were
    also looted and burned down in Man and Korhogo, respectively, by
    suspected Ouattara supporters.
        Similar attacks against the property of FPI officials took place in
    Bocanda, M'Bahiakro, and Toumodi. In Odienne, minor incidents were
    reported including attacks against private homes and destruction of
    property following the proclamation of the provisional by the CEI. The
    Odienne FPI headquarters and the FPI campaign director's residence in
    Minignan were looted by armed FAFN elements. In Bouna two vehicles
    belonging to FPI supporters were forcibly confiscated by pro-Ouattara
    youth.
    Section 2. Respect for Civil Liberties, Including:

        a. Freedom of Speech and Press.--The constitution and law provide
    for freedom of speech and of the press, but the Government restricted
    these rights in practice. Journalists continued to practice self-
    censorship for fear of retribution. Government officials aggressively
    used the court system to punish critics. Following the November 28
    presidential runoff, media freedoms were drastically curtailed and
    journalists were harassed for reporting on the political standoff, in
    particular by the Gbagbo regime. On December 2, the National
    Audiovisual Communication Council (CNCA) banned all foreign television
    and radio stations; foreign broadcasting remained suspended at year's
    end.
        Individuals who criticized the Government risked reprisal. For
    example, on July 16, the public prosecutor ordered the arrest of
    Theophile Kouamouo, Stephane Boilly, and Saint-Claver Oula, three
    journalists with Le Nouveau Courrier, a privately owned daily
    newspaper, after it published a series of investigative articles on
    corruption by officials in the coffee and cocoa sector. Authorities
    jailed the three journalists at MACA prison and charged them with theft
    of administrative documents and refusal to disclose sources after
    publishing a section of a ``confidential'' government investigation
    into the mismanagement of the coffee and cocoa sector. They were
    released on July 27 after 14 days in detention.
        In 2008 then-president Gbagbo nominated an independent board of
    directors for the organization that publishes Fraternite Matin, the
    Government's daily newspaper. Although Fraternite Matin had the largest
    circulation of any daily, it rarely criticized government policy.
    However, a number of private newspapers frequently criticized
    government policy, the president, and the ruling party. Most newspapers
    were politicized and sometimes resorted to fabricated stories to defame
    political opponents.
        On December 17, the Republican Guard, reportedly under orders from
    Gbagbo supporter Brigadier General Dogbo Ble Brunot, shut down all
    opposition newspapers. Elements of the Republican Guard approached the
    printing companies and stated that the following pro-Ouattara daily
    newspapers were forbidden to be published: Le Patriote, Le Nouveau
    Reveil, L'Expression, Le Mandat, Nord Sud Quotidien, Le Jour Plus, and
    L'Intelligent d'Abidjan. This ban on opposition newspapers, believed to
    be an independent move by the Republican Guard, was relaxed the
    following day, and the newspapers resumed publication on December 18.
        Security forces continued to harass journalists. Outspoken members
    of the press, particularly those working for opposition party
    newspapers, continued to suffer physical intimidation from groups
    aligned with the ruling FPI party.
        On May 10, Media Foundation for West Africa (MFWA), an Accra-based
    media watchdog, reported that journalists at Le Nouveau Reveil, a daily
    close to the opposition Democratic Party of Cote d'Ivoire (PDCI),
    received threats via short message service (SMS) messages as the party
    was preparing for a May 15 demonstration.
        During the year no action was taken against progovernment youth
    groups who attacked, threatened, or harassed journalists.
        The CNCA suspended French television station France 24 from
    February 22 to March 2 for ``unbalanced and unprofessional treatment of
    information.'' The CNCA accused France 24 of displaying a news ticker
    reporting that several persons were killed in an opposition
    demonstration in Gagnoa without providing further details.
        On May 25, officials of the DST detained and questioned journalists
    at L'Expression, a privately owned daily, for several hours, according
    to French media watchdog, Reporters Without Borders. Police authorities
    accused L'Expression of reporting on an opposition demonstration in
    Gagnoa in February and of supplying France 24 with pictures of the
    demonstration.
        On October 14, Reporters Without Borders reported that
    approximately 50 armed members of the FDS-CI prevented a debate from
    taking place at the headquarters of the L'Intelligent d'Abidjan
    newspaper.
        The Government also harassed and imprisoned foreign journalists. On
    October 14, Reporters Without Borders reported that DST members
    arrested journalists from the Qatar-based satellite television station
    Al Jazeera, who had arrived in Abidjan to cover the election. They were
    reportedly taken to the DST headquarters where they were questioned by
    Deputy Director Dje Bi, who demanded to inspect their equipment and
    search their hotel room. They were released two hours later.
        The crews of television stations France 2 and France 3 were
    attacked while reporting on the political standoff. On December 16,
    CECOS forces threatened the crew of France 2 with AK-47 assault rifles,
    and allegedly fired their weapons to force the crew of France 3 to
    cease reporting, according to MFWA. No one was injured in the attacks,
    but the forces seized the journalists' equipment. France 24 cameraman
    Alhassane Kanate was also arrested and detained overnight at the
    Plateau Central Police Station.
        Private radio stations did not have complete control over their
    editorial content. National broadcast regulations prohibit the
    transmission of any political commentary. The Government used the CNCA,
    controlled by the ruling party, to closely monitor Radio Nostalgie,
    reportedly because the major shareholders of the company were close to
    Ouattara.
        The CNCA suspended privately owned radio Abidjan 1 from October 16
    to 31 for covering the activities of presidential candidates, in line
    with CNCA Decision No. 2010-08 of October 13 prohibiting private radio
    stations from covering political activities during the presidential
    campaign.
        Prior to November 28 presidential runoff, the Government did not
    interfere with UNOCI's radio station, UNOCI-FM. However, UNOCI
    denounced efforts by forces loyal to Gbagbo to jam the station after
    the runoff.
        The Government and the ruling FPI continued to exercise
    considerable influence over the official media's television program
    content and news coverage. During the year opposition leaders
    frequently complained that they were not granted equal television
    airtime on official media. A report published by Reporters Without
    Borders in October found that, during the first round of the
    presidential elections, Gbagbo enjoyed more than three times more media
    coverage than his next closest rival.
        The media played a role in inflaming tensions, and newspapers
    backed by political parties occasionally published inflammatory
    editorials. The Ivoirian Observatory on Press Freedom and Ethics and
    the National Press Commission, which enforced regulations regarding
    creation, ownership, and freedom of the press, regularly urged
    journalists to practice moderation. In the aftermath of the November 28
    runoff election, the UN and international organizations criticized
    Gbagbo for using the state-controlled media to incite political
    violence and to exploit ethnic tensions. The state-run television
    channel RTI and newspaper Fraternite Matin were singled out for leading
    a calculated campaign of ``disinformation'' against President Ouattara
    and the UNOCI peacekeeping force, according to the UN (see section 6).
        The law authorizes the Government to initiate criminal libel
    prosecutions against officials. In addition the state may criminalize a
    civil libel suit at its discretion or at the request of the plaintiff.
    Criminal libel was punishable by three months to two years in prison.
        The FN broadcasted its own programming from Bouake, which included
    radio and television shows that were heard in towns and villages around
    Bouake and, according to some reports, in the political capital,
    Yamoussoukro. In the western part of the country, the FN broadcasted on
    a local radio station from Man. The FN continued to allow broadcasts of
    government television or radio programs in its zones. The FN also
    allowed distribution of all progovernment newspapers and most
    independent newspapers in its territory.
        On October 1, Prime Minister Soro met with various media
    stakeholders and called for the closure of ``unauthorized'' FN radio
    and television stations. The CNCA had previously stated that some
    stations were not legally authorized to broadcast messages, yet some FN
    stations chose to ignore the order and were operating at year's end.
        No action was taken against FN members who beat, harassed, and
    killed journalists in previous years.

        Internet Freedom.--There were no government restrictions on access
    to the Internet or reports that the Government monitored e-mail or
    Internet chat rooms. Individuals and groups could engage in the
    peaceful expression of views via the Internet, including by e-mail.
    Citizens had access to the Internet at Internet cafes, but home access
    was prohibitively expensive for most persons. According to the Internet
    World Stats data for June, approximately 4.6 percent of inhabitants
    used the Internet.
        The Government suspended all SMS messaging services on October 31,
    and by year's end the Gbagbo regime had not restored the services.

        Academic Freedom and Cultural Events.--The Government restricted
    academic freedom. The Student Federation of Cote d'Ivoire (FESCI), the
    progovernment militant student group created in the early 1990s,
    generated a climate of fear and intimidation at universities and
    secondary schools and regularly stopped classes, forced students to
    attend meetings, and threatened professors who interfered in their
    activities. The Government controlled most educational facilities, and
    a presidential decree required authorization for all meetings on
    campuses.
        Many prominent scholars active in opposition politics retained
    their positions at state educational facilities; however, some teachers
    and professors suggested that they had been transferred, or feared that
    they could be transferred, to less desirable positions because of their
    political activities. According to student union statements, security
    forces continued to use students as informants to monitor political
    activities at the University of Abidjan.
        Violent attacks by FESCI members against students and teachers
    continued during the year. FESCI members killed and tortured other
    students, teachers, and civilians with impunity. While FESCI members
    were occasionally arrested or detained for their actions, they were
    rarely if ever prosecuted.
        On February 10, in Danane, FESCI members physically assaulted
    several volunteer teachers who had staged a strike demanding to be
    granted tenure and better pay. The FESCI members took several of the
    teachers and school administrators hostage. FDS-Forces Nouvelles (FDS-
    FN) elements stormed the school and freed the hostages.
        On February 17, several FESCI members armed with clubs disrupted a
    sensitization campaign organized by UNOCI at the Lycee Moderne in Divo.
    One UNOCI staff member and the deputy prefect, Zeze Tetiali, were
    injured in the incident.
        On March 8, two rival groups of FESCI, one from Yamoussoukro and
    the other from Toumodi, clashed violently at the College Moderne
    Esperance of Toumodi. The two groups attacked each other with metal
    bars, truncheons, and stones, injuring 19 students. Two other students
    were taken hostage by their peers from Yamoussoukro. UNOCI human rights
    officers in Yamoussoukro took up the case with the prefet of Toumodi.
    FESCI members were instructed to return the stolen goods and free the
    hostages.
        On March 26, FESCI and the Union Nationale des Eleves de Cote
    d'Ivoire of the Dimbokro modern high school violently clashed in
    Dimbokro. Armed with truncheons and machetes, a group of eight FESCI
    members marched into the city center, and attacked and killed one
    student. Police subsequently arrested four FESCI members. School
    authorities suspended classes in order to defuse tension.
        On April 27, approximately 40 FESCI members, aided by the chief and
    youth of the village, tortured and killed a widow in Zagueita whom they
    accused of causing the death of a 20 year-old FESCI member on April 25
    by witchcraft. The alleged perpetrators, including the village chief
    and the president of the youth, were summoned to the local gendarmerie
    in Bonon where they were detained briefly before being released without
    charge.
        On April 28, 15 FESCI members armed with knives, daggers, and clubs
    interrupted mock examinations at the Lycee Moderne and the College
    Moderne in Dimbokro and threatened teachers with death over the
    detention of one of their members on murder charges. Local gendarmes
    arrested six, but the public prosecutor released them on April 29 at
    the request of the regional director of education in Dimbokro. FESCI
    leaders had threatened to block all schools in the country if their
    comrades were not released.
        FESCI actively cooperated with pro-Gbagbo militias and security
    forces during and after the electoral period. For example, on November
    30, FESCI members attacked and expelled pro-Ouattara students from the
    University of Cocody campus in Abidjan. Approximately 50 students were
    forcibly removed from their dorm rooms and expelled from the campus,
    according to press reports. Security forces did not intervene.
        On December 25, members of FESCI, aided by the FDS-CI and pro-
    Gbagbo militia members, attacked and ransacked the PDCI headquarters in
    Cocody. Eleven civilians were injured, three seriously with gunshot
    wounds, and one of the injured required amputation of several fingers.
    Security forces posted in the area did not intervene to stop FESCI
    members, and no investigation was conducted by year's end.
        In 2008 HRW published The Best School: Student Violence, Impunity,
    and the Crisis in Cote d'Ivoire, which documented numerous cases of
    violence, extortion, racketeering, torture, summary execution, and rape
    committed with total impunity by FESCI members. No action was taken
    against FESCI members responsible for violent incidents reported in
    previous years.

        b. Freedom of Peaceful Assembly and Association.--Freedom of
    Assembly.--The law allows for freedom of assembly; however, the
    Government sometimes restricted this right in practice. Groups that
    wished to hold demonstrations or rallies in stadiums or other enclosed
    spaces were required by law to submit a written notice to the Ministry
    of Security or the Ministry of Interior three days before the proposed
    event. No law expressly authorizes the Government to ban public
    meetings or events for which advance notice has been given in the
    required manner, but the Government prohibited specific events it
    deemed prejudicial to public order. Even if authorization for an event
    was granted, the Government could later revoke it. In 2006 then-
    president Gbagbo renewed a ban on all forms of outdoor public
    demonstrations in Abidjan. The ban was not lifted at year's end.
        Police dispersed antigovernment demonstrations several times
    throughout the year. On February 12, then-president Gbagbo dissolved
    the Government and the CEI, which was charged with organizing elections
    and voter registration. As a result demonstrations broke out throughout
    the country, but the most significant ones took place in Abidjan,
    Abouakoussikro, Bondoukou, Bouake, Daloa, Divo, Duekoue, Gagnoa,
    Katiola, Korhogo, Man, and Tiebissou. Security forces used deadly force
    in four of these towns: they killed two persons in Abidjan, four in
    Daloa, two in Divo, and five in Gagnoa. Three minors, including one
    infant, were among the 13 killed during these demonstrations. At least
    76 persons, including 14 minors, were injured. Eighteen members of the
    security forces, including eight with the Integrated Command Center,
    were also injured.
        A UNOCI report found that not all of those killed and injured in
    the February demonstrations were in the same area as the
    demonstrations. There were credible reports that security forces
    killed, beat, and arrested civilians attempting to flee, even in
    private buildings and homes. Security forces arrested 95 persons, and
    20 were charged with ``disturbing public order.'' No members of the
    security forces were arrested or charged for their involvement in the
    death or injury of persons during the demonstrations. The Government
    actively sought to discredit the UNOCI report implicating security
    forces in these events.
        On December 16, President Ouattara called for a demonstration and
    march to seize the RTI headquarters, and the Gbagbo-controlled
    government offices in Plateau. Members of the FDS-CI loyal to Gbagbo
    violently suppressed the march. At least 20 demonstrators were killed,
    and hundreds were arrested and arbitrarily detained in makeshift
    detention centers.
        There were no developments in cases from previous years in which
    police used force to disperse demonstrations.

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

        c. Freedom of Religion.--For a discussion of religious freedom,
    please see the 2010 International Religious Freedom Report at
    www.state.gov/g/drl/irf/rpt.

        d. Freedom of Movement, Internally Displaced Persons, Protection of
    Refugees, and Stateless Persons.--The constitution and law do not
    provide specifically for freedom of movement, foreign travel,
    emigration, or repatriation, and the Government restricted freedom of
    movement during the year.
        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.
        There were frequent restrictions on internal travel. Security
    forces, local civilian ``self-defense'' committees, and water,
    forestry, and customs officials frequently erected and operated
    roadblocks on major roads where they regularly extorted money from
    travelers.
        Persons living under FN authority continued to face harassment and
    extortion when trying to travel between towns and to and from the
    Government-controlled south. Villagers complained that these fees
    prevented pregnant women and other vulnerable persons from traveling to
    receive medical care.
        On May 15, the president of the Burkinabe youth in Ketro-Bassam was
    severely beaten and molested by FAFN elements under Sergeant Fofana's
    command for refusing to pay a ``crossing fee'' of 200 FCFA ($0.40). The
    FAFN elements detained him until his family paid 50,000 FCFA ($100) for
    his release. On May 17, FN authorities replaced those soldiers deployed
    in the area with a new team, but took no further action against the
    alleged perpetrators.
        On August 25, FAFN soldiers from Bouna erected roadblocks in Bania,
    and demanded 200,000 FCFA ($400) from each passing vehicle.
        Gaps in financial services in the FN zone made some citizens
    targets of harassment. Although banking services were at near 100
    percent of precrisis levels in the northern part of the country, such
    services in the western part of the country remained quite limited.
    Security forces reportedly required payment of significant bribes by
    residents of the west who had to travel or to send money-runners
    inordinate distances, perhaps crossing into the Government-controlled
    zone, to obtain or disburse funds.
        The law specifically prohibits forced exile, and no persons were
    forcibly exiled during the year.
        Internally Displaced Persons (IDPs).--At year's end, the UN's
    Office for the Coordination of Humanitarian Affairs (OCHA) reported
    that 18,000 IDPs had fled their homes or villages as a result of post-
    November 28 political violence, namely from violence in the town of
    Duekoue in the western part of the country. Approximately 7,000 IDPs
    took refuge in a Catholic mission outside the town, and the ICRC
    provided tents, medical supplies, water, and latrines.
        As of November the UNHCR reported that the number of IDPs displaced
    by the 2002 crisis who had returned to their villages in the west
    remained unchanged from the previous year at 88,986; however, it
    estimated that 31,000 of these IDPs continued to live with host
    families and to require assistance.
        During the 2002 crisis progovernment and rebel forces did not
    generally target civilians, but ethnic conflict and fighting forced
    many persons to flee the zones of conflict, and others simply felt
    uncomfortable living on the side of the divided country where they
    initially found themselves. Roadblocks and toll-collection points made
    it difficult for civilians to move throughout the country. IDPs
    continued to place heavy burdens on host communities, in part due to
    the prolonged nature of the crisis.
        Government assistance, especially in the north and west where civil
    servants and infrastructure were only partially in place, did not meet
    the needs of these IDPs. International and local NGOs worked to fill
    the gap.
        The Ministry of Foreign Affairs and the Ministry of Solidarity and
    War Victims, working in concert with UN agencies, took the lead on IDP
    matters prior to Gbagbo's decision to dissolve the Government in
    February. Following the formation of the new government in March, the
    Ministry of Solidarity and War Victims was downgraded to a national
    secretariat, under the Prime Minister's office. In addition, the
    Ministry of Reconstruction and Reinsertion, which had supported IDP
    return movements, was also downgraded to a national secretariat. This
    cabinet reshuffle significantly hampered government efforts to assist
    IDPs. At year's end there was no publicly available national strategy
    for IDP return movements, and the problem was a low priority for the
    Government in the run-up to the presidential elections.
        During the year UN agencies and local authorities continued to
    facilitate the small-scale return of IDPs to several locations in the
    west of the country.

        Protection of Refugees.--The constitution and law provide for the
    granting of asylum or refugee status, and the Government has
    established a system for providing protection to refugees. The country
    is a signatory to the 1969 Organization of African Unity Convention
    Governing Specific Aspects of the Refugee Problem in Africa, and the
    law provides for asylum status to be granted in accordance with this
    convention.
        In practice the Government provided protection against the
    expulsion or return of refugees to countries where their lives or
    freedom would be threatened on account of their race, religion,
    nationality, membership in a particular social group, or political
    opinion. The Government granted refugee status and asylum.
        The Government also provided temporary protection for individuals
    who may not qualify as refugees under the relevant UN conventions.
        Defense and security officers occasionally did not honor identity
    documents issued to refugees by the Government or by the UNHCR. There
    were fewer reports than in previous years that security forces
    destroyed refugees' identity documents or arbitrarily detained,
    verbally harassed, and beat refugees at checkpoints.
        Liberians made up the majority of the country's refugees. Those who
    arrived in the country before the 2003 peace agreement in Liberia
    benefited from group eligibility and received temporary refugee cards.
    Liberians who arrived in the country after the peace agreement did not
    receive temporary cards. Under certain circumstances some asylum
    seekers who were not granted refugee status by the Government were
    provided refugee certificates by the UNHCR. The identity card law
    includes a provision for identity cards to be issued to non-Liberian
    individuals older than 14 whose refugee status has been granted by the
    National Eligibility Commission.
        The Government facilitated local integration for refugees in the
    most extreme situations by issuing resident permits to all refugees
    over the age of 14 to allow them to move freely in the country. The
    national office of identification, together with the UNHCR and the
    Ivoirian refugee and the stateless persons aid and assistance office,
    continued to provide refugee identity cards to undocumented Liberian
    refugees, which allowed them to reside and work in the country legally
    for the duration of their refugee status. Refugees also had access to
    naturalization.
        The UNHCR continued to assist the safe, voluntary return of
    refugees to their homes. As of June 30, the UNHCR found that 23,808
    Liberian refugees and 602 refugees from other countries remained in the
    country.

        Stateless Persons.--The scale of statelessness in the country was
    unclear and UNHCR reporting suggested the number of stateless persons
    could range from a few thousand to as many as 900,000.
        Citizenship is derived from one's parents rather than by birth
    within the country's territory, and birth registration was not
    universal. The country had habitual residents who were either legally
    stateless or effectively stateless, and the Government did not
    effectively implement laws and policies to provide such persons the
    opportunity to gain nationality on a nondiscriminatory basis. During
    the year the UNHCR continued to work with the Ministries of Justice and
    Interior to raise awareness of statelessness.
    Section 3. Respect for Political Rights: The Right of Citizens to
            Change Their Government
        The constitution and law provide for the right of citizens to
    change their government peacefully through democratic means; however,
    the Government did not respect these rights in practice. Former
    president Gbagbo refused to cede power to democratically elected
    opposition candidate Alassane Ouattara following the CEI's announcement
    that Ouattara had prevailed with 54.1 percent of vote in the November
    28 presidential runoff. The UN and multiple international and domestic
    observer teams declared Ouattara the winner of the runoff. The
    Constitutional Council reversed the results and declared Gbagbo the
    winner. At year's end, the country operated with two governments.
    National assembly representatives remained in office at year's end
    despite the expiration of their terms in 2005.

        Elections and Political Participation.--The country held two rounds
    of presidential elections during the year.
        On October 31, the country held its first presidential election
    since 2000. An estimated 83 percent of the registered 5.7 million
    voters cast ballots for one of 14 presidential candidates. Voting
    generally was peaceful and orderly, and the UN and other international
    and domestic observers noted no major irregularities. Presidential
    incumbent Gbagbo received 38 percent of the vote, Ouattara 32 percent,
    and Henri Konan Bedie 25 percent; the other 11 candidates split the
    remaining 4 percent. A presidential runoff between Gbagbo and Ouattara
    was held on November 28. Third-place finisher Bedie called for a
    recount of the first round results on November 4, alleging
    irregularities in the voting and tallying processes and inconsistencies
    in the results. The Constitutional Council ruled that Bedie had not
    filed the complaint in the requisite amount of time and certified the
    first round results on November 10.
        Incidents of violence, intimidation, and heightened negative
    political messaging by both candidates and their supporters
    characterized the lead up to the second round. Gbagbo's campaign
    created and promoted an incendiary film Ouattara: Father of the
    Rebellion, which graphically depicted atrocities committed during the
    civil war. The screening of the film sparked a violent confrontation
    between Gbagbo and Ouattara supporters outside one of the showings on
    November 16.
        On November 19, youth supporters of FESCI and the Rassemblement des
    Houphouetistes pour la Democratie et la Paix (RHDP), the opposition
    coalition composed primarily of Ouattara's RDR and former president
    Bedie's party, clashed violently outside an RHDP campaign office in
    Abidjan.
        On November 25, Ouattara supporters reportedly attacked and killed
    a Gbagbo supporter in the town of Bayota after the Gbagbo supporter
    allegedly ripped down an Ouattara campaign poster.
        The country's first televised presidential debate was held on
    November 26. During the debate both candidates urged their supporters
    to refrain from violence. Gbagbo also announced a curfew from 10 p.m.
    to 6 a.m. November 27 through December 1.
        The presidential runoff proceeded in orderly fashion but was marred
    by several incidents of violence, including the killing of two persons,
    and allegations of small-scale clashes between supporters of the rival
    candidates. Voter turnout was recorded at 81 percent, and the UN
    characterized the second round as having occurred in a democratic
    atmosphere. The African Union, ECOWAS, and numerous international
    observer teams characterized the overall conduct of second round as
    free and fair. Following the voting, Gbagbo submitted an official
    complaint to the Constitutional Council alleging irregularities and
    violence in five departments, all located in Ouattara strongholds.
        On November 30, as CEI Spokesman Bamba Yacouba prepared to announce
    election results from three of the country's regions during a press
    conference at CEI headquarters, CEI member and Gbagbo supporter Damania
    Adia Pickass grabbed the results from Yacouba's hands and tore them up.
    Yacouba then entered the CEI building to print off another copy of the
    results, but never emerged and security forces then told journalists to
    leave the premises.
        On December 2, Youssouf Bakayoko, the president of the CEI,
    declared Ouattara the winner of the runoff with 54.1 percent of the
    vote as compared with 45.9 percent for Gbagbo. State-controlled media
    did not broadcast the CEI announcement and several hours later Paul Yao
    N'Dre, the president of the Constitutional Council and a Gbagbo
    appointee, went on television to announce that the CEI was unable to
    deliver a result and that the Constitutional Council was thus taking
    over the responsibility of announcing the election results. In response
    to widespread international coverage of the CEI's results, the CNCA
    announced that all foreign television and radio broadcasts were
    suspended, effective immediately.
        On December 3, N'Dre announced that due to ``irregularities and
    violence'' the Constitutional Council had annulled the results in seven
    regions, canceling more than 500,000 votes in Ouattara strongholds.
    N'Dre subsequently announced Gbagbo the winner of the elections with 51
    percent of the vote. Special Representative of the Secretary General Y.
    J. Choi then certified the election results of the CEI, as required in
    the 2007 Ouagadougou Political Agreement, declaring Ouattara the
    president.
        The UN and numerous international and domestic observer missions
    declared the vote fair and democratic and recognized Ouattara as the
    country's duly elected president.
        Following the Constitutional Council's ruling, Prime Minister
    Guillaume Soro, who had served as prime minister since 2007, resigned
    from former president Gbagbo's government.
        On December 3, Ouattara and Gbagbo took separate oaths of office
    and announced separate cabinets. President Ouattara reappointed Soro as
    prime minister of his government. At year's end President Ouattara and
    former president Gbagbo remained in a standoff over the presidency.
    President Ouattara operated his government from the Golf Hotel under a
    state of siege from pro-Gbagbo forces that continued to surround the
    hotel. Access to President Ouattara and his government, including
    replenishment of food and medical supplies, was extremely limited and
    occurred primarily via UN helicopter. Gbagbo continued to control state
    resources such as the state television station, the security forces,
    and the treasury.
        The country took several steps toward reconciliation during the
    year. The identification and voter registration process, which began in
    2008 and was initially scheduled to last 45 days, ended in June 2009.
    More than 6.5 million persons participated in the process. With data
    collected during this process, the CEI prepared a provisional electoral
    list and posted it for nationwide consultation in November of that
    year, and local CEIs began processing challenges to this list. Although
    the dispute period was scheduled to end in December 2009, it was not
    finally completed until August.
        In September, various political actors agreed upon a final voters'
    list of 5.7 million, an event that marked the culmination of the
    identification and voter registration process which had begun in 2008.
        The most recent national assembly elections took place in 2000 and
    were marred by violence, irregularities, and a very low participation
    rate. In addition the election could not take place in 26 electoral
    districts in the north because RDR activists disrupted polling places,
    burned ballots, and threatened the security of election officials.
    Following legislative by-elections in 2001, 223 of the 225 seats of the
    national assembly were filled.
        Women held 19 of 225 seats in the last elected national assembly,
    whose mandate expired at the end of 2005. The first vice president of
    the national assembly was a woman. Of the 41 Supreme Court justices,
    four were women. Henriette Dagri Diabate served as secretary general of
    the RDR, the party's second-ranking position.
    Section 4. Official Corruption and Government Transparency
        The law provides criminal penalties for official corruption;
    however, the Government did not implement the law effectively, and
    officials frequently engaged in corrupt practices with impunity.
    Corruption had the greatest impact on judicial proceedings; contract
    awards, customs and tax matters, and accountability of the security
    forces (see also section 1.e.).
        The 23 cocoa and coffee industry officials arrested in 2008 for
    allegedly embezzling 100 billion FCFA ($200 million), remained in MACA
    prison awaiting trial. In September 2009 four of the officials filed a
    formal complaint against the Government with the ECOWAS Court of
    Justice in Nigeria, claiming infringement of their right to a fair
    trial and violation of their civil liberties. The 23 officials appeared
    before court on September 8, but at the request of the defense lawyers
    the trial was postponed to November 16, and had not resumed at year's
    end.
    Section 5. Governmental Attitude Regarding International and
            Nongovernmental Investigation of Alleged Violations of Human
            Rights
        A number of international and domestic human rights groups,
    including the Ivoirian League for Human Rights (LIDHO) and the MIDH,
    generally operated without government restriction, investigating and
    publishing their findings on human rights cases, prior to the November
    28 runoff. Following the runoff, security forces obstructed UNOCI human
    rights investigators in their efforts to investigate abuses, including
    reports of alleged mass graves found in three separate locations.
        For example, in December forces loyal to Gbagbo repeatedly blocked
    attempts by UN investigators to examine the sites of an alleged mass
    grave in Abidjan.
        During the year UNOCI, LIDHO, MIDH, Action for the Defense of Human
    Rights, and other independent human rights groups gathered evidence and
    testimony on human rights cases, published information in reports and
    in independent local daily newspapers, and criticized government
    security forces.
        FAFN security forces occasionally harassed and abused human rights
    groups. For example, on June 29 FAFN elements arrested a representative
    of a local children's rights NGO, National Association for Children in
    Danger (ANAED), for assisting a 14 year-old girl to file a complaint
    for attempted rape against an FAFN soldier known as ``IB'' in Korhogo.
    Keita Vassisri, the Korhogo police commissioner, accused the ANAED
    representative of false accusation as the medical certificate produced
    did not confirm rape. He also threatened to arrest the girl and her
    parents if they did not pay him 50,000 FCFA ($100) in damages.
    Following the intervention of human rights officers with officials in
    Korhogo, the ANAED representative was released.
        FESCI continued to threaten and harass human rights groups.
        No cases were opened against perpetrators who threatened and
    harassed members of human rights organizations in previous years.
        During the year the Government regularly permitted the World Food
    Program, the ICRC, and other international organizations to conduct
    humanitarian operations. Eleven UN agencies, including the
    International Labor Organization and the World Health Organization,
    were resident and active throughout the year. There were no reports
    that the Government restricted their access to certain areas deemed
    sensitive or denigrated their work.
    Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
        The law prohibits discrimination based on race, ethnicity, national
    origin, gender, or religion; however, the Government did not
    effectively enforce the law.

        Women.--The law prohibits rape and provides for prison terms of
    five to 20 years; however, the Government did not enforce this law in
    practice, and rape was a widespread problem. The law does not
    specifically penalize spousal rape. Claims were most frequently brought
    against child rapists. A life sentence can be imposed in cases of gang
    rape if the rapists are related to or hold positions of authority over
    the victim, or if the victim is under 15 years of age. The court in
    Abidjan received approximately five cases of child rape per month.
        Women's advocacy groups continued to protest the indifference of
    authorities to female victims of violence, including rape. Women who
    reported rape or domestic violence to the police were often ignored.
    Many female victims were convinced by their relatives and police to
    seek an amicable resolution with the rapist rather than pursue a legal
    case. The Ministry of Family and Social Affairs sought justice on
    behalf of rape victims; however, families often preferred to settle out
    of court. As of April 25, 21 persons were officially convicted and
    sentenced for rape, although the lesser charge of indecent assault was
    often used to speed up conviction. While small, the number of
    convictions steadily increased as more victims came forward and courts
    treated the problem more seriously.
        There were continued reports of unidentified highway bandits raping
    and sexually assaulting women in the western part of the country,
    especially along the roads from Duekoue to Bangolo, Man to Biankouma,
    and Man to Toulepleu.
        On January 7, 12 unidentified armed individuals attacked a farmer
    and a woman on the Tahably Glode-Beleouin road. They beat the farmer,
    gang-raped the woman, and took a cell phone and 120,000 FCFA ($240
    dollars). The Duekoue gendarmes opened an investigation into the
    incident.
        On July 30, human rights officers in Duekoue reported that four men
    of the Guere ethnic group gang-raped a 47 year-old Burkinabe woman in
    her house in Guiglo on July 29. The rapists started to remove her
    belongings when she screamed for help. A UN contingent nearby
    intervened, apprehending three of the four assailants, whom they handed
    over to the Guiglo police.
        The law does not specifically outlaw domestic violence, which
    continued to be a serious and widespread problem throughout the
    country. Penalties for assault provide for prison terms of one to 20
    years, depending on the extent of the offense. Government enforcement
    of domestic violence complaints remained minimal, however, partially
    because the courts and police viewed domestic violence as a problem to
    be addressed within the family. The exception was if serious bodily
    harm was inflicted or the victim lodged a complaint, in which case
    criminal proceedings could be initiated. Many victims' parents often
    urged withdrawal of a complaint because of the fear of social stigma.
        During the year the Ministry of Family and Social Affairs continued
    to provide limited assistance to victims of domestic violence and rape.
    The ministry's support included providing government-operated
    counseling centers with computers, printers, and other equipment for
    record keeping. Ministry officials visited a few victims in their homes
    to attempt to reconcile troubled couples and to remove domestic
    servants from homes in which they had been sexually abused.
        The Committee to Fight Violence Against Women and Children (CNLV)
    did not operate a shelter or a hotline for abused women. Instead,
    committee members gave out their personal cell phone numbers on weekly
    radio programs. The committee also monitored abusive situations through
    frequent home visits. Young girls who feared becoming victims of abuse,
    FGM, or forced marriage could appeal to the committee. The committee
    often stopped abuse by threatening legal action against offending
    parents or husbands.
        The Government continued to hold awareness-raising seminars on
    sexual violence for judicial and security personnel. As a result of the
    seminars, some security forces reportedly modified their behavior to
    provide victims with greater privacy, and courts began recording in
    private the testimony of rape victims who were minors. Judges also
    increased the provision of statistics and information on cases to
    enable the CNLV to follow up with victims.
        Other cases of societal violence against women included FGM, dowry
    deaths, levirat (forcing a widow to marry her dead husband's brother),
    and sororat (forcing a woman to marry her dead sister's husband).
        The law prohibits sexual harassment and prescribes penalties of
    between one and three years' imprisonment and a fine ranging between
    360,000 and one million FCFA ($720 to $2,000 dollars). However, the
    Government rarely enforced the law, and such harassment was widespread
    and routinely accepted as a cultural norm.
        Couples and individuals had the right to decide the number,
    spacing, and timing of their children, and to have the information and
    means to do so free from discrimination, coercion, and violence. In
    urban areas access to contraception, skilled attendance during
    childbirth, including essential obstetric and postpartum care, was
    available to those women who could afford it. According to the UNFPA
    approximately 13 percent of women ages 15-49 used some form of
    contraception. The UNFPA also estimated the maternal mortality ratio to
    be 470 per 100,000 live births in 2008. Pregnant women diagnosed with
    sexually transmitted infections, including HIV, were treated.
        According to the poverty reduction strategy report issued by the
    Ministry of Planning in May 2009, 12 percent of the poor had no access
    to a health center, and 26 percent had no access to a general hospital
    where information and skilled health care were provided. For some women
    transportation and costs of services were significant barriers to
    access to health centers and hospitals. The report also stated that 54
    percent of the poor had to walk to a health center, 14 percent to a
    general hospital. Furthermore, threats or perceived threats of violence
    from husbands or family members were also an inhibiting factor for some
    women's access to family planning services located in the health
    centers.
        A joint report by LIDHO and the International Rescue Committee
    (IRC) published in March 2009 noted that police roadblocks sometimes
    prevented pregnant women from giving birth in health centers, resulting
    in women giving birth at home without professional assistance. The
    report also mentioned that some health center professionals defrauded
    pregnant women under the guise of providing services that were never
    rendered. According to the Population Reference Bureau and UNFPA,
    approximately 47 percent of births were attended by skilled personnel
    and a woman had a one in 44 lifetime risk of maternal death.
        The law prohibits discrimination on the basis of gender; however,
    women experienced economic discrimination in access to employment,
    credit, and owning or managing businesses. Women occupied a subordinate
    role in society. Government policy encouraged full participation by
    women in social and economic life; however, there was considerable
    resistance among employers in the formal sector to hiring women, who
    were considered less dependable because of their potential for becoming
    pregnant. Some women also encountered difficulty in obtaining loans, as
    they could not meet the lending criteria established by banks, such as
    a title to a house and production of a profitable cash crop.
        NGOs supervised efforts to create economic cooperatives to provide
    poor women access to small loans from the Government or private
    microfinance banks. Women in the formal sector usually were paid at the
    same rate as men; however, because the tax code did not recognize women
    as heads of households, female workers were required to pay income tax
    at a higher rate than their male counterparts. Women's organizations
    continued to campaign for tax reform to enable single mothers whose
    children were recognized by their fathers to receive deductions for
    their children. Inheritance law also discriminated against women.
        Women's advocacy organizations continued to sponsor campaigns
    against forced marriage, marriage of minors, patterns of inheritance
    that excluded women, and other practices considered harmful to women
    and girls. For example, polygyny is illegal, although it remained a
    common cultural practice. Women's organizations also campaigned against
    legal provisions that discriminated against women. The coalition of
    women leaders and the Ministry of Family and Social Affairs continued
    their efforts to promote greater participation of women in political
    decision making and in presenting themselves as candidates in
    legislative and municipal elections.

        Children.--Citizenship is derived from one's parents: at least one
    parent must be a citizen for a child to be considered Ivoirian at
    birth. The law provides parents a three-month period to register their
    child's birth for a fee of 500 FCFA ($1). The Government registered all
    births when parents submitted documentation from a health clinic or
    hospital attesting that a birth had occurred. However, persons without
    proper identification documents could not register births. The
    Government did not deny public services such as education or health
    care to children without documents; however, some schools required
    parents to present children's identity documents before they could be
    enrolled.
        Primary education was not compulsory and usually ended when
    children reached 13 years of age; however, it was tuition-free. In
    principle students did not have to pay for books or fees; however, some
    still did so or rented books from street stalls because the Government
    did not cover school fees and books for every student. Students who
    failed secondary school entrance exams did not qualify for free
    secondary education, and many families could not afford to pay for
    schooling.
        Parental preference for educating boys rather than girls persisted,
    particularly in rural areas.
        Teachers sometimes demanded sexual favors from students in exchange
    for money or good grades. The penalty for statutory rape or attempted
    rape of a child under the age of 16 is a prison sentence of one to
    three years and a fine of 100,000 to one million FCFA ($200 to $2,000).
        Children were victims of physical and sexual violence and abuse.
    Children accused of practicing witchcraft were placed in the care of
    pastors, who sometimes used violence to exorcize them. Although the
    Ministries of Family, Labor, and Justice worked to fight child abuse, a
    lack of coordination among ministries and inadequate resources hindered
    government efforts.
        On January 23, three men in Daloa raped a 15 year-old girl, after a
    man lured her, into an unlit place where two accomplices were waiting.
    The three men also stole her cell phone. The next day, the girl was
    approached by another man who volunteered to help her recover her
    stolen cell phone. The girl followed him and was again raped by the
    three men. The victim received medical care through the assistance of
    the ICRC. The girl and her mother attempted to file a complaint however
    they gave up once they were unable to secure an appointment with the
    police commissioner on the day, according to the ICRC. No investigation
    was undertaken.
        On March 29, the Duekoue police arrested and transferred two rape
    suspects to the Daloa tribunal for trial. The first, a private school
    teacher, was accused of repeatedly raping a 9 year-old pupil to whom he
    had been giving private lessons. The second was suspected of raping a
    15 year-old student in Duekoue.
        On April 9, the Daloa trial court sentenced a man to five years'
    imprisonment and a fine of 100,000 FCFA ($200) for raping a four year-
    old girl in February 2009 in Vavoua.
        On August 24, human rights officers in Daloa reported that a 27
    year-old man who raped a 13 year-old girl on July 31 in Duekoue was
    sentenced by the Daloa tribunal to five years' imprisonment and a fine
    of 100,000 FCFA ($200) for ``violent indecent assault.''
        FGM was a serious problem. The law specifically forbids FGM and
    provides penalties for practitioners of up to five years' imprisonment
    and fines of 360,000 to two million FCFA ($720 to $4,000). Double
    penalties apply to medical practitioners. FGM was practiced most
    frequently among rural populations in the north and west and to a
    lesser extent in the center and south. FGM usually was performed on
    girls before or at puberty as a rite of passage. Local NGOs continued
    public awareness programs to prevent FGM and worked to persuade FGM
    practitioners to stop the practice. Unlike previous years, authorities
    did make some arrests related to FGM during the year; however,
    practitioners were rarely charged.
        For example, on June 13, the Duekoue police and IRC representatives
    interrupted an FGM ceremony in the Kokoman neighborhood in Duekoue. A
    six year-old girl who had just been mutilated was rushed to the Duekoue
    hospital where she received medical treatment. Police arrested the
    girl's mother and three other women involved. No further action was
    taken against those responsible at year's end.
        The law prohibits the marriage of men under the age of 20 and women
    under the age of 18without the consent of their parents. The law
    specifically penalizes anyone who forces a minor under 18 years of age
    to enter a religious or customary matrimonial union. However, in
    conservative communities--particularly those in the north--traditional
    marriages were commonly performed with girls as young as 14 years of
    age.
        Children engaged in prostitution for survival without third-party
    involvement, although the extent of the problem was unknown. Under the
    law, using, recruiting, or offering children for prostitution, or for
    pornographic films, pictures, or events is illegal, and violators can
    receive sentences ranging from one month to two years' imprisonment as
    well as fines of 30,000 to 300,000 FCFA ($60 to $600). Statutory rape
    of a minor carries a punishment of one to three years in prison and a
    fine of 360,000 to one million FCFA ($720 to $2,000).
        There were thousands of children living on the streets. NGOs
    dedicated to helping street children found it difficult to estimate the
    extent of the problem or to determine whether these children had access
    to government services.
        The country is not a party to the 1980 Hague Convention on the
    Civil Aspects of International Child Abduction. For information on
    international parental child abduction, please see the Department of
    State's annual report on compliance at http://travel.state.gov/
    abduction/resources/congressreport/congressreport--4308.html.

        Anti-Semitism.--The country's Jewish community numbered fewer than
    100 persons. There were no reports of anti-Semitic acts.

        Trafficking in Persons.--For information on trafficking in persons,
    please see the Department of State's annual Trafficking in Persons
    Report at www.state.gov/g/tip.

        Persons With Disabilities.--The law requires the Government to
    educate and train persons with physical, mental, visual, auditory, and
    cerebral motor disabilities, hire them or help them find jobs, design
    houses and public facilities for wheelchair access, and adapt machines,
    tools, and work spaces for access and use by persons with disabilities.
    However, wheelchair-accessible facilities for persons with disabilities
    were not common, and there were few training and job assistance
    programs for persons with disabilities. The law also prohibits acts of
    violence against persons with disabilities and the abandonment of such
    persons; however, there were no reports that the Government enforced
    these laws during the year.
        There were no reports during the year that persons with
    disabilities were specific targets of abuse, but they encountered
    serious discrimination in employment and education. The Government
    created an additional 300 civil service jobs for persons with
    disabilities in 2009, bringing the total of civil service jobs for
    persons with disabilities to 800. No new positions were added during
    the year. However, in practice government employees sometimes refused
    to employ persons with disabilities.
        The Government financially supported special schools, associations,
    and artisans' cooperatives for persons with disabilities, but many
    persons with physical disabilities begged on urban streets and in
    commercial zones for lack of other economic opportunities. Persons with
    mental disabilities often lived on the street.
        The Ministry of Family and Social Affairs and the Federation of the
    Handicapped were responsible for protecting the rights of persons with
    disabilities.

        National/Racial/Ethnic Minorities.--The country's population was
    ethnically diverse, and ethnic groups sometimes practiced societal
    discrimination against others on the basis of ethnicity. At least 25
    percent of the population was foreign. Outdated or inadequate land
    ownership laws resulted in conflicts with ethnic and xenophobic
    overtones. There were reported clashes, usually over land tenure,
    between the native populations and other groups.
        Police routinely abused and harassed noncitizen Africans residing
    in the country and occasionally harassed Lebanese merchants. Harassment
    by officials reflected the common belief that foreigners were
    responsible for high crime rates and instances of identity card fraud.
    Harassment of northerners, which increased markedly after the 2002
    rebellion, generally continued to decline from the previous year.
    However, when local independent electoral commissions began examining
    challenges to the provisional electoral list in December 2009,
    harassment of northerners suddenly increased. Following denunciations
    from progovernment members, CECOS arrested hundreds of northerners and
    suspected immigrants living in the south and west, claiming suspects
    were using forged government documents to be included on the
    provisional voters' list.
        In the period leading up to the November 28 runoff, security forces
    systematically harassed and targeted persons with northern names. For
    example, on November 13, gendarmes arrested a trader at the northern
    entrance to the city of Yamoussoukro and threatened him with
    imprisonment unless he produced his father's original identification
    documents. He was released later that day after he paid the gendarmes a
    sum of FCFA 50, 000 ($100). The Toumodi public prosecutor, when
    questioned about this practice by UNOCI human rights officers, claimed
    that the procedure was legal and refused to open an investigation into
    the case.
        Security forces loyal to former president Gbagbo continued this
    practice of targeting persons with northern names following the runoff.
        Ethnic tensions in the west and southwest continued to lead to
    violence. In the west, and in Duekoue and Bangolo in particular, there
    continued to be violent clashes between the native population and
    members of the foreign community, particularly Burkinabe farmers.
        Several incidents of ethnic violence resulted in deaths and
    injuries.
        On February 5-6, native Abbeys and Burkinabe Lobis clashed in
    M'berie village. The incident was triggered by the killing of a young
    Abbey allegedly committed by a Lobi who remained at large. In reaction
    Abbey youth killed four Lobis and destroyed several homes and
    properties. The clash led to the displacement of 350 Lobis in
    Agboville, Seguie, Boguie, and Rubino, and many returned to Burkina
    Faso. At the end of February, only 27 IDPs, including 17 children,
    remained at the Rubino site. They received humanitarian assistance from
    the UN agencies and the ICRC, following the intervention of UNOCI human
    rights officers in Abidjan.
        On April 6, villagers of Oulai Taibly and Doke violently clashed
    over a parcel of land that was previously claimed by the village of
    Doke. Two persons were seriously injured with gunshot wounds. Law
    enforcement officers eventually restored law and order.
        On June 8, five men armed with machetes raped an 18 year-old girl
    as she returned home from her farm in Tahiraguhe. The assailants then
    fled with five chickens stolen from the victim. The rape of the young
    woman, who was an ethnic Baoule, was allegedly motivated by a land
    dispute between the Baoule and Bete ethnic groups. The victim's father
    referred the case to the sous-prefet of Daloa who brokered an out-of-
    court settlement whereby the Bete community leader apologized to the
    victim's father for the conduct of the rapists. The sous-prefet
    subsequently asked the girl's father to withdraw the complaint that she
    had filed at the gendarmerie in Daloa. Human rights officers took up
    the case with the Daloa sous-prefet and the local gendarmerie. In
    August the girl filed a new complaint with the Daloa state prosecutor,
    following the advice of a local NGO organization, however, the sous-
    prefet and the state prosecutor delayed investigation of the case until
    after the elections, to ``preserve social cohesion.'' No investigation
    had been undertaken at year's end.
        On June 21, three unidentified armed individuals raided the village
    of Goenie Taouake. The assailants opened fire at the village's mainly
    Malian population before shooting two men at point blank range. One
    victim was killed, and the other sustained serious injuries to his
    legs. This attack was in retaliation to a previous attack staged on May
    18 against the mainly Burkinabe inhabitants of Kouassigno and was
    related to the continuing land dispute between the Burkinabe and Malian
    communities in the Mount Peko forest. By year's end, no one was charged
    in the shooting.
        In 2008 the Government adopted a new law on xenophobia, racism, and
    tribalism, making these forms of intolerance punishable by five to 10
    years' imprisonment. No one was prosecuted under this law during the
    year.

        Societal Abuses, Discrimination, and Acts of Violence Based on
    Sexual Orientation and Gender Identity.--Societal stigmatization of the
    lesbian, gay, bisexual, and transgender (LGBT) community was
    widespread, and the Government did not act to counter it during the
    year. There were few LGBT organizations in the country. Arc en Ciel,
    the primary NGO representing the LGBT community, operated freely;
    however, the Government required the organization to amend its by-laws
    to include non-LGBT members before the organization's status was
    officially approved.
        There was no official discrimination based on sexual orientation in
    employment, housing, statelessness, or access to education or health
    care. However, gay men were subjected to beatings, imprisonment, verbal
    abuse, humiliation, and extortion by police, gendarmes, and members of
    the armed forces.

        Other Societal Violence or Discrimination.--The law does not
    provide for the protection of persons living with HIV/AIDS from
    societal and other forms of discrimination. Societal stigmatization of
    persons living with HIV/AIDS was widespread.

        Incitement to Acts of Discrimination.--In the aftermath of the
    November 28 presidential runoff, Gbagbo was criticized by the UN and
    international organizations for using the state-controlled media to
    incite political violence and promote ethnic tensions. Pro-Gbagbo
    dailies, such as Notre Voie and Le Temps, were also cited as promoting
    and inciting ethnic and racist violence, particularly against Burkinabe
    and other foreign nationals living in the country.
    Section 7. Worker Rights

        a. The Right of Association.--The law allows all citizens, except
    members of the police and military services, to form or join unions of
    their choice, and workers exercised these rights in practice, although
    with some restrictions.
        The total workforce numbered 6,006,190 persons, of whom 61.3
    percent were in the agricultural sector. Public sector employees
    accounted for 10.1 percent of the workforce, while 28.6 percent worked
    in the public sector. Only a small percentage of the workforce was
    organized, and most laborers worked in the informal sector, which
    included small farms, small roadside and street shops, and urban
    workshops. However, large industrial farms and some trades were
    organized, and there was an agricultural workers union. Of the 15
    percent of workers in the formal sector, approximately 60 percent were
    unionized.
        The law allows unions in the formal sector, which comprised
    approximately 1.7 million workers or 28.6 percent of the workforce, to
    conduct their activities without interference, and the Government
    protected this right in practice, with some exceptions.
        The law provides for the right to strike, and workers in both
    private and public sectors generally exercised this right. However, the
    law requires a protracted series of negotiations and a six-day
    notification period before a strike may take place, making legal
    strikes difficult to organize and maintain. In addition, the president
    has broad powers to decree the requisition of the strikers, and to
    submit strikes in essential services to arbitration, but the labor code
    does not provide for a list of such services.
        On April 12, a major transportation strike was called due to an
    increase in the cost of fuel. After four days, the Government agreed to
    lower the price of diesel, thus eliminating the increase implemented on
    April 1.
        On August 10 customs officers from the ``Syndicat pour la Defense
    des Droits des Douaniers-SYDD'' protested against the delay in the
    payment of quarterly bonuses. Following negotiations, the union's
    demands were met.
        In November and December 2009 the National Union of Secondary
    School Teachers went on strike, demanding a pay increase. Following
    talks with the first lady, the secondary school teachers agreed to
    suspend the strike, and the union's claims were partially met with the
    payment of half of the pay increase demanded.
        In December 2009, a strike by the Local Government Unions
    Collective led to the arrest of 47 civil servants, 41 of whom were
    later given two-month suspended sentences. The Local Government Unions
    Collective called off the two-week strike after it reached an agreement
    with government. The Government agreed to pay partial arrears owed to
    the local governments and promised to speed up the review of legal
    texts regarding the transfer of charges from the Government to the
    local government. The union set up a follow up committee on the pending
    matters. No developments were reported at year's end.
        Absent reciprocal union agreements, foreigners are required to
    obtain residency status, which takes three years, before they may hold
    union office.

        b. The Right to Organize and Bargain Collectively.--The law
    provides for collective bargaining and grants all citizens, except
    members of the police and military services, the right to bargain
    collectively. Collective bargaining agreements were in effect in many
    major business enterprises and sectors of the civil service. The number
    of collective bargaining agreements reached during the year was
    unknown.
        The law does not prohibit antiunion discrimination by employers or
    others against union members or organizers, and the Ministry of Labor
    did not report any complaints of antiunion discrimination and employer
    interference in union functions during the year. There were also no
    reports of workers fired for union activities who were not reinstated.
    Under the labor law workers could not be fired for union activities,
    and this law was enforced.
        There are no export processing zones.

        c. Prohibition of Forced or Compulsory Labor.--The law prohibits
    forced or compulsory labor, including by children, and the Government
    made efforts to enforce the law during the year. However, such
    practices occurred.
        Instances of forced labor occurred in the informal labor sectors,
    which were not regulated under existing labor laws. Thus, domestics,
    most nonindustrial farm laborers, and those who worked in street shops
    and restaurants remained outside formal government protection. Forced
    adult labor occurred in small-scale and commercial production of
    agricultural products. There were reports of forced adult labor
    practices in rubber production, primarily in the form of long hours and
    low-pay for workers who lived in conditions of effective indenture.
        Forced child labor occurred (see section 7.d.).
        Also see the Department of State's annual Trafficking in Persons
    Report at www.state.gov/g/tip.

        d. Prohibition of Child Labor and Minimum Age for Employment.--
    There were laws against forced labor and the exploitation of children
    in the workplace; however, child labor remained a widespread problem,
    particularly in cocoa and coffee plantations, and gold mines. In most
    instances the legal minimum working age is 14; however, the Ministry of
    Civil Service, Employment, and Administrative Reform enforced this
    provision effectively only in the civil service and in large
    multinational companies. Children were not allowed to work between 7
    p.m. and 6 a.m. They routinely worked on family farms or as vendors,
    shoe shiners, errand boys, domestic helpers, street restaurant vendors,
    and car watchers and washers in the informal sector in cities. Some
    girls as young as age nine worked as domestic servants, often within
    their extended family networks.
        Children continued to work under hazardous conditions on cocoa
    farms. A Tulane University survey published in September 2009 found
    that 24.1 percent of children between the ages of 5and 17 within the
    cocoa-growing regions had worked on a cocoa farm in the previous 12
    months. The survey showed that a number of these children were involved
    in or exposed to hazardous conditions, including operating tools (93.9
    percent) and carrying heavy loads (79.8 percent). Of the children
    working on cocoa farms, 50.6 percent reported that they had been
    injured while working in agriculture. A small percentage of the
    children working on cocoa farms had no family ties to the farmers;
    however, most worked on family farms or with their parents.
        On June 3, the Government created an Independent Office for the
    Fight against Child Labor, and it met for the first time on August 10.
    In July 2009 the Government launched a new program addressing child
    labor in cocoa-growing areas. The program focused on decreasing poverty
    and thereby decreasing child labor by ensuring that each village has a
    primary school, health clinic, and income-generating activities to
    supplement cocoa income. The program included sensitization of parents
    to the importance of children attending school. It also raised parents'
    awareness of the dangers associated with child labor and the need to
    end the involvement of children in dangerous chores. In 2009 the
    Government began to implement the program in 10 villages, and selected
    21 more villages for participation. By year's end the Government had
    not begun to implement the program in any of the additional villages
    selected for participation.
        The Ministry of Labor was responsible for enforcing child labor
    laws and made progress during the year in addressing the worst forms of
    child labor. While enforcement of child labor laws continued to be
    hindered by financial constraints and other factors, there were
    indications that government efforts, along with those of its
    international partners, had a positive effect towards decreasing the
    worst forms of child labor.
        The Ministry of Labor and the prime minister's Child Labor Task
    Force supported and collaborated with NGOs and international partners
    to combat the worst forms of child labor. The task force continued to
    implement a national action plan to combat child labor and trafficking.
    Nine government ministries were involved in the effort. The Ministry of
    Family and Social Affairs conducted awareness campaigns targeting
    children at risk and agricultural regions that employ child labor,
    working in coordination with several international NGOs.
        During the year NGOs conducted ongoing campaigns to sensitize farm
    families about child labor based on the list developed by the
    Government of prohibited worst forms of child labor. The association of
    domestic worker placement in the country worked to prevent the
    exploitation of children in domestic work. Other NGOs campaigned
    against child trafficking, child labor, and the sexual abuse of
    children.
        For child trafficking, also see the Department of State's annual
    Trafficking in Persons Report at www.state.gov/g/tip.

        e. Acceptable Conditions of Work.--Minimum wages varied according
    to occupation, with the lowest set at 36,607 FCFA ($73) per month for
    the industrial sector; this wage did not provide a decent standard of
    living for a worker and family. A slightly higher minimum wage rate
    applied for construction work. The Government enforced the minimum wage
    rates only for salaried workers employed by the Government or
    registered with the social security office.
        Labor federations attempted to fight for just treatment under the
    law for workers when companies failed to meet minimum salary
    requirements or discriminated among classes of workers, such as local
    and foreign workers.
        No government action was taken to rectify the large salary
    discrepancies between expatriate non-African employees and their
    African colleagues who were employed by the same company.
        The standard legal workweek was 40 hours. The law requires overtime
    pay for additional hours and provides for at least one 24-hour rest
    period per week. The Government did not enforce the law actively. The
    law does not prohibit compulsory overtime.
        The law provides for occupational safety and health standards in
    the formal sector; however, in the large informal sector of the
    economy, the Government enforced occupational health and safety
    regulations erratically, if at all. Labor inspectors frequently
    accepted bribes. Workers in the formal sector had the right to remove
    themselves from dangerous work without jeopardy to continued employment
    by utilizing the Ministry of Labor's inspection system to document
    dangerous working conditions. However, in practice workers in both the
    formal and informal sectors could not absent themselves from such labor
    without risking the loss of their employment.
        Several million foreign workers, mostly from neighboring countries,
    typically worked in the informal labor sector, where labor laws were
    not enforced. Neither foreign migrant workers nor citizen workers
    working in the informal labor sector were covered under labor laws.

                                   __________

                                    DJIBOUTI

        Djibouti is a republic with a strong elected president and a weak
    legislature. It has an estimated population of 818,000. In 2008
    legislative elections, President Ismail Omar Guelleh's five-party
    coalition won all 65 national assembly seats. A three-party opposition
    coalition boycotted the race, which international observers from the
    African Union (AU) and the Arab League considered generally free and
    fair. Eritrean troops, who have occupied a portion of Djiboutian
    territory since a 2008 clash over the disputed border, completed their
    withdrawal in June following the deployment of approximately 70 Qatari
    peacekeepers in accordance with an agreement between Djibouti and
    Eritrea signed in Doha. Security forces reported to civilian
    authorities within the ministries of Interior and Defense, as well as
    to the director of national security.
        Significant human rights abuses in the country included difficult
    prison conditions; prolonged pretrial detention; denial of fair public
    trial; interference with privacy rights; restrictions on freedoms of
    the press, assembly, and association; lack of protection for refugees;
    corruption; discrimination against women; female genital mutilation
    (FGM); discrimination against persons with disabilities; and
    restrictions on unions.
                            respect for human rights
    Section 1. Respect for the Integrity of the Person, Including Freedom
            From:

        a. Arbitrary or Unlawful Deprivation of Life.--There were no
    reports that the Government or its agents committed arbitrary or
    unlawful killings.

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

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

        Prison and Detention Center Conditions.--Prison conditions remained
    difficult but continued to improve. The country has one central prison
    and a number of small jails supervised by local police or gendarmes.
    The jails are not well equipped as they are only meant to hold
    detainees until their summary release or transfer to the central
    prison.
        The Gabode Prison in Djibouti City usually held an estimated 600
    prisoners, including approximately two dozen female prisoners. There
    were normally fewer than six juvenile prisoners, although their numbers
    occasionally spiked after incidents of youth violence in Djibouti City.
    In December a small outbreak of minor vandalism following a political
    rally led to the arrest of three juveniles who were released within the
    week.
        Several prison nurses and a doctor who visited four times a week
    provided medical care, while prisoners with serious health problems
    received treatment at the main Djibouti City public hospital. Seriously
    ill prisoners were held separately, and prisoners with communicable
    diseases were segregated from prisoners with other health problems.
    Adequate medication was provided. During the prisoner intake process,
    prison officials attempted to test for and document serious health
    conditions. Prisoners with serious mental illness did not receive
    adequate care.
        Men and women were held separately. Juvenile prisoners were
    generally held separately from adult prisoners when space allowed.
    Construction was underway within the existing compound to provide a
    separate facility for children.
        Authorities allowed young children of female prisoners to stay with
    their mothers.
        Although prison officials sought to hold convicted prisoners
    separately from those awaiting trial, space constraints in the filled-
    to-capacity prison often prevented full separation of the two groups.
        Prisoners and detainees were permitted religious observance,
    visitors each Friday afternoon, and delivery of food or medicine from
    family members.
        Although there was no formal system in place for prisoners and
    detainees to submit complaints to judicial authorities to request
    investigation of inhumane conditions, there were no restrictions placed
    on prisoners who sought to contact such officials.
        The Government granted prison access to the International Committee
    of the Red Cross (ICRC) for inspections, and prison visits occurred up
    to six times a year.
        A small group of Eritrean prisoners of war captured during the 2008
    border skirmish with Eritrea received regular visits from ICRC staff,
    and government authorities accepted ICRC recommendations with regard to
    medical concerns for one of the prisoners.
        At Nagad Detention Center, where authorities held foreigners prior
    to deportation, detainees had access to water, food, and medical
    treatment. Authorities deported most detainees within 24 hours of
    arrest.
        Prison conditions continued to improve, especially with the
    complete transfer of prison security responsibilities to the
    specialized prison guard force created in 2008; that force provided
    some initial training for new members and more effectively enforced
    prison rules and maintained prison security.
        At Gabode Prison prisoners had adequate access to water for
    drinking and washing and to sanitary facilities. The prison kitchen
    remained adequate but rudimentary. Prisoners were provided three meals
    a day, with meat served on alternate days. Prisoners' families were
    allowed to bring food to the prison. Prison improvements during the
    year included human rights training for guards, a permanent doctor
    assigned to the prison, and sewing skills training for some of the
    female detainees.

        d. Arbitrary Arrest or Detention.--The law prohibits arbitrary
    arrest and detention; however, the Government did not uniformly respect
    these prohibitions. The Government arrested groups of juveniles
    following reports of rock throwing or minor vandalism. In these cases
    they were not charged but were released after a few days.

        Role of the Police and Security Apparatus.--Security forces include
    the National Police under the Ministry of Interior, the army and
    National Gendarmerie under the Ministry of Defense, and an elite
    Republican Guard that protects the president. The National Police is
    responsible for internal security and border control. The National
    Gendarmerie is responsible for external security but also has some
    domestic responsibilities. A separate prison guard service is
    responsible for security at the national prison.
        Police were generally effective; however, there were isolated
    reports of corruption, particularly in the lower ranks, whose wages
    were low. There was a Human Rights Office within the police, and human
    rights education was integrated into the police academy curriculum. The
    local police academy coordinated with the Office of the UN High
    Commissioner for Refugees (UNHCR) to host a human rights workshop to
    train Djiboutian security forces as well as Somali police that were
    visiting for other police training.

        Arrest Procedures and Treatment While in Detention.--The law
    requires arrest warrants and stipulates that the Government may not
    detain a person beyond 48 hours without an examining magistrate's
    formal charge; however, the law was not always enforced in practice,
    especially in rural areas. Detainees may be held another 48 hours with
    the prior approval of the public prosecutor. There were unconfirmed
    reports that detentions exceeding the allowed time limit became more
    frequent during the year, which was attributed to the Government's
    response to minor reports of vandalism and stone throwing between
    juvenile gangs. The law provides that detainees be promptly notified of
    the charges against them, although in practice there were occasional
    delays.
        The law provides for bail and expeditious trial; however, police
    occasionally disregarded these rights. Detainees have the right to
    prompt access to an attorney of their choice; in criminal cases the
    state provides attorneys for detainees who cannot afford legal
    representation. Detainees generally were allowed access to family
    members and legal counsel. The law requires that all persons, including
    those charged with political or national security offenses, be tried
    within eight months of arraignment. Lengthy pretrial detention due to
    inefficiency and judicial staff shortages remained a problem. However,
    no statistics were available.

        e. Denial of Fair Public Trial.--The constitution and law provide
    for an independent judiciary; however, in practice the judiciary was
    not always independent of the executive. Constitutional provisions for
    a fair trial were not universally respected. In the two prominent cases
    of Jean-Paul Noel and Abdourahman Boreh, the defendants' foreign
    attorney was not granted an entry visa to represent the clients. The
    judiciary was inefficient but was perceived as rendering verdicts in a
    fair manner.
        The legal system is based on legislation and executive decrees,
    French codified law adopted at independence, Islamic law (Shari'a), and
    nomadic traditions.

        Trial Procedures.--The law states the accused is innocent until
    proven guilty. Trials generally are public. A presiding judge and two
    associate judges hear cases. The judge receives assistance from three
    lay assessors who are not members of the bench but who are considered
    to possess sufficient legal knowledge to comprehend court proceedings.
    The Government chooses lay assessors from the public. Defendants have
    the right to be present, consult with an attorney in a timely manner,
    confront witnesses, and present witnesses and evidence on their own
    behalf. The indigent have a right to legal counsel in criminal and
    civil matters but in practice sometimes did not have legal
    representation. Defendants have the right of appeal.
        Traditional law often applied in conflict resolution and victim
    compensation. For example, traditional law often stipulated that a
    price be paid to the victim's clan for crimes such as murder and rape.
    Most parties preferred traditional court rulings for sensitive issues
    such as rape, as the result is most often a consensus with a goal
    toward maintaining peace between those involved. As a result, often
    more attention is paid to maintaining peace than to the rights of the
    victim, who must abide by the traditional court's ruling.
        Formal law generally provides for equal application to all
    citizens. However, in accordance with Shari'a, male children inherit
    larger portions of estates than did female children.

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

        Civil Judicial Procedures and Remedies.--A presidentially appointed
    and impartial civil court deals with all matters related to the civil
    code. Citizens have access to the courts in cases of civil rights
    violations. Civil disputes are arbitrated if the parties agree. In
    rural areas traditional courts resolve many civil disputes. An
    administrative law chamber mediates disputes between citizens and
    government authorities. Court decisions were not always enforced.
        In cases of human rights violations, citizens have the right to
    address correspondence to the National Human Rights Commission. On a
    variety of matters, citizens could also seek assistance from the
    Ombudsman's Office, which often helped resolve administrative disputes
    between government branches.

        f. Arbitrary Interference With Privacy, Family, Home, or
    Correspondence.--The constitution and the law prohibit such actions;
    however, the Government did not uniformly respect these prohibitions in
    practice. The law requires that authorities obtain a warrant before
    conducting searches on private property, but the Government did not
    always respect the law in practice. Government opponents claimed the
    Government monitored their communications.
    Section 2. Respect for Civil Liberties, Including:

        a. Freedom of Speech and Press.--The constitution and law allow for
    freedom of speech and of the press provided it complies with the law
    and ``respect for the honor of others.'' The Government did not respect
    these rights in practice.
        While individuals often expressed themselves freely in society,
    opposition leaders continued to state the Government attempted to
    impede public criticism.
        There were few media outlets. The Government owned the principal
    newspaper, La Nation. Each registered political party is permitted to
    publish a public journal or newspaper. During the year the opposition
    National Democratic Party (PND) regularly published the newspaper La
    Republique. Other parties published papers sporadically. Opposition
    political groups and civil society activists circulated newsletters and
    other materials critical of the Government.
        The 2007 ban on the opposition political party newsletter Le
    Renouveau remained in effect throughout the year.
        The Government also owned the only radio and television stations,
    which were operated by Radio-Television de Djibouti (RTD). The official
    media generally did not criticize government leaders or policy, and
    opposition access to radio and television time remained limited.
    Foreign media broadcast throughout the country, and cable news and
    other programming were available.
        Journalists practiced self-censorship due to media and slander
    laws.
        The law regulates the publication of newspapers. Circulation of a
    new newspaper requires authorization from the communication commission,
    which requires agreement from the Djiboutian National Security Service
    following an investigation. The only publishing houses equipped for
    broad distribution are government owned, obliging antigovernment
    sources to print privately.
        There were two local journalists' associations. The Eastern African
    Journalists Association, a group dedicated to fostering press freedom,
    protecting journalists' safety, and promoting regional conflict
    resolution, also had its headquarters in the country.

        Internet Freedom.--There were few government restrictions on access
    to the Internet or reports that the Government monitored e-mail or
    Internet chat rooms. Individuals and groups could engage in the
    peaceful expression of views via the Internet, including by e-mail.
    However, the Government reportedly continued to block access to the Web
    site of the Association for Respect of Human Rights in Djibouti
    (ARDHD), which was often critical of the Government. ARDHD claimed
    access to its Web site was blocked by the local Internet provider,
    although those with satellite connections were able to access the site.
        According to International Telecommunication Union statistics for
    2008, approximately 1.5 percent of the country's inhabitants used the
    Internet.

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

        b. Freedom of Peaceful Assembly and Association.--Freedom of
    Assembly.--The law provides for freedom of assembly with specific
    requirements such as prior approval from the Ministry of the Interior.
    The Government generally permitted political parties to assemble
    freely. The Ministry of Interior requires permits for assembly in
    outdoor areas or publicly operated venues.
        Several opposition parties held gatherings, including public
    rallies at which they criticized the Government. These events occurred
    with a security presence but without any government interference.
        The Government permitted opposition parties to assemble peacefully,
    but those parties criticized undue delays issuing permits to host
    rallies. The Government administers many of the large meeting venues,
    and some observers charged that the Government occasionally denied use
    to opposition parties.

        Freedom of Association.--The constitution and law allow for freedom
    of association provided legal requirements are met; however, the
    Government restricted this right in practice, particularly for labor
    unions (see section 7.a.).

        c. Freedom of Religion.--For a description of religious freedom,
    please see the Department of State's 2010 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 generally provides for
    freedom of movement within the country, foreign travel, emigration, and
    repatriation, and the Government generally respected these rights in
    practice.
        Due to the continuing border dispute with Eritrea, certain areas in
    the North remained under military control.
        The Government generally cooperated with the UNHCR and other
    humanitarian organizations in providing protection and assistance to
    internally displaced persons, refugees, asylum seekers, stateless
    persons, and other persons of concern.
        The law prohibits forced exile, and the Government did not use it.
        Internally Displaced Persons (IDPs).--In June 2008 the border
    dispute with Eritrea intensified and reportedly resulted in the
    displacement of at least 207 families living in the North near the
    border. In July 2008 the ICRC provided humanitarian assistance to 140
    displaced families. These families remained displaced, residing
    primarily in the Khor Angar area to the south of their original
    villages.
        The Government utilized the National Assistance Office for Refugees
    and Disaster Stricken People (ONARS) to screen, assess, and aid refugee
    applicants. The Government allowed IDPs access to ONARS and to
    international humanitarian organizations and welcomed assistance from
    outside organizations. The Government deported large groups of
    foreigners who were determined to be economic migrants and not IDPs.

        Protection of Refugees.--The laws provide for the granting of
    asylum or refugee status. The Government has established a system for
    providing protection to refugees under the National Eligibility
    Commission. In 2008 the Government reactivated the commission and began
    interviewing urban refugees who had been in the country for several
    years.
        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 account of their race, religion,
    nationality, membership in a particular social group, or political
    opinion. However, the Government did not routinely grant refugee or
    asylum status, and delays in the system for granting refugee status
    left persons at risk of expulsion to countries where they might be
    threatened. The Government, working with the International Organization
    for Migration (IOM) and the ICRC, continued its efforts to properly
    differentiate refugees from illegal immigrants; however, a lack of
    manpower and other resources limited the success of the vetting effort,
    particularly in light of the large number of migrants transiting the
    country en route to Yemen.
        Large numbers of illegal migrants were detained occasionally in a
    government effort to reduce the number of illegal immigrants in the
    city. These migrants were given the opportunity to claim refugee
    status, but their applications were usually denied.
        In 2009 ONARS and the UNHCR completed a census of refugees at Ali
    Addeh refugee camp and distributed identification cards to adult
    refugees. However, organizational difficulties and resource constraints
    prevented both entities from providing adequate service to refugees,
    including the prompt processing of refugee claims. While the Government
    grants prima facie status to refugees from southern Somalia, all other
    nationalities, including Eritreans, must register with ONARS. As of
    September 2009, the Government ceased, indefinitely, the registration
    of non-Somalis due to a public disturbance that occurred outside the
    ONARS office, thus denying individuals that UNHCR deemed to be in need
    of protection services access to the services of ONARS. The screening
    unit is now in place at the Loyada Center, a primary checkpoint on the
    Djibouti/Somalia border to accommodate the flow of refugees from
    Somalia.
        Ali Addeh camp was overcrowded, and basic services were inadequate.
    Government studies to determine a possible site for a new refugee camp
    continued at year's end.
        Refugees continued to report that although they could not obtain
    work permits, many, especially women, worked. Refugees that sought work
    without permits typically performed low level tasks in the areas of
    construction, house cleaning, or babysitting. Due to the lack of
    permits, they were unable to challenge poor working conditions or
    ensure fair payment for their labor. Refugees at the Ali Addeh camp had
    access to a local primary school but not to a secondary school.
        During the year the Government provided temporary protection to a
    limited number of individuals who may not qualify as refugees. However,
    illegal migrants identified as economic migrants attempting to transit
    Djibouti en route to Yemen were temporarily jailed and returned to
    their countries of origin. The Government worked with IOM to provide
    adequate health services to these migrants while they awaited
    deportation. There also was a trend toward denying refugee status to
    Ethiopian applicants due to the Government's position that most were
    economic migrants.
    Section 3. Respect for Political Rights: The Right of Citizens to
            Change Their Government
        The constitution and law provide citizens the right to change their
    government peacefully, and citizens exercised this right in practice
    through periodic, free, and generally fair elections based on universal
    suffrage. A multiparty system exists, and citizens are free to align
    themselves with the party of their choice.

        Elections and Political Participation.--In 2008 President Ismail
    Omar Guelleh's five-party coalition, the Union for a Presidential
    Majority (UMP), won all 65 seats in the winner-take-all National
    Assembly election. The UMP included former opposition parties and
    leaders. International observers from the AU and the Arab League
    considered the election generally free and fair.
        A three-party opposition coalition, the Union for Democratic
    Alternance (UAD), boycotted the election after its list of demands
    regarding the electoral process was not met. In 2008 the Government
    banned the opposition political party Movement for Democratic Revival
    (MRD), a member of the UAD, alleging one of its leaders had invited
    Eritrea to invade the country. The MRD appealed the decision, and the
    case was pending before the Supreme Court at year's end.
        On April 19, the parliament approved amendments to the constitution
    which included removing the two-term limit for the president,
    specifying that presidential candidates must be between 40 and 75 years
    of age, and reducing the presidential term from six to five years. They
    also included plans for a senate whose organization and function were
    to be determined by the law.
        Opposition political parties claimed the Government restricted and
    interfered with their operations.
        The 2008 legislative elections brought two more women into the
    National Assembly, raising the number of female parliamentarians in the
    65-seat body to nine. There were two women in the 21-member cabinet,
    and the president of the Supreme Court, who by law acts in the
    president's stead in case of death or incapacitation, was a woman.
        The legislature included members of all clans; membership was
    approximately 41 percent Issa, 43 percent Afar, and 15 percent
    representatives of smaller minority groups. Elected as a single list,
    the legislature's composition reflected the governing coalition's
    intent to ensure balance. The cabinet was similarly balanced; there
    were seven Afars, including the prime minister, the defense minister,
    and the foreign minister. However, some Afars continued to claim they
    were not as well represented at lower government levels. There were
    three representatives from Somali clans other than the Issa in the
    cabinet, and one of Yemeni origin.
    Section 4. Official Corruption and Government Transparency
        The law provides criminal penalties for official corruption;
    however, the Government did not implement such laws effectively, and
    officials sometimes engaged in corrupt practices with impunity.
        According to the World Bank's most recent Worldwide Governance
    Indicators, government corruption was a serious problem.
        The Chamber of Public Accounts and Fiscal Discipline (CAFD) and the
    State Inspectorate General (IG) were responsible for combating
    corruption and conducted public expenditure audits in an effort to
    promote transparency. The law mandates the CAFD and IG to report
    regularly, although in practice their reports lagged behind an annual
    schedule. In 2009 RTD began to broadcast anticorruption public service
    announcements developed with the IG. The public service announcements
    were broadcast twice a week in four languages.
        Public officials were not subject to financial disclosure laws.
        There were no laws providing for public access to government
    information, although legislative texts were publicly available through
    the online official journal, and citizens could address requests for
    information or mediation to the Ombudsman's Office.
    Section 5. Governmental Attitude Regarding International and
            Nongovernmental Investigation of Alleged Violations of Human
            Rights
        A few domestic human rights groups generally operated without
    government restriction, conducting limited investigations and sometimes
    publishing findings on human rights cases. Government officials were
    occasionally responsive to their views. However, government officials
    regularly cooperated with local nongovernmental organizations (NGOs)
    offering training and education to citizens on human rights issues,
    especially women's rights. There were no reported government abuses of
    domestic NGOs. Due to the country's small political and NGO community,
    many domestic NGOs included members who were also key officials of the
    Government.
        There were no developments in the 2009 or 2007 cases involving
    Jean-Paul Abdi Noel, the leader of the Djiboutian League for Human
    Rights. A verdict regarding Abdi Noel's dismissal request for the 2009
    case involving his arrest on charges of distributing materials that
    insulted judicial authority remained pending at year's end.
        In 2007 a court tried Abdi Noel for libel and fined and briefly
    imprisoned him. He appealed his sentence, and at year's end he was
    still awaiting a Supreme Court hearing that had been rescheduled
    multiple times.
        The Government routinely allowed visits from international NGOs,
    including those dealing with human rights issues, and regularly
    received visitors from UN bodies. In February 2009 officials from the
    Addis Ababa-based UN Human Rights East Africa Regional Office visited
    to participate in a UN-sponsored human rights seminar.
        The ICRC maintained a small office staffed with locally hired
    personnel. ICRC regional representatives based in Nairobi visited
    monthly.
        The Government's Human Rights Commission, established in 2008,
    includes technical experts, representatives of civil society and labor,
    religious groups, the legal community, the Ombudsman's Office, and the
    National Assembly. The commission met regularly and occasionally
    commented on cases of concern. State-run media featured prominent
    coverage of the commission's activities throughout the year. The
    commission succeeded in having human rights subjects added to police
    and gendarmerie training.
        There is a government ombudsman, who also served in the parliament,
    whose specific responsibilities included mediation between the
    Government and citizens.
    Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
        The constitution and law prohibit discrimination on the basis of
    race, gender, or language; however, government enforcement of such laws
    was ineffective. The constitution and law do not directly address
    discrimination based on disability or social status. The Government
    took steps during the year to increase protection of women, including
    campaigns against FGM, but societal discrimination against women and
    ethnic minorities persisted.

        Women.--The law includes sentences of up to 20 years' imprisonment
    for rape. The Government did not enforce the law effectively. There is
    no law against spousal rape. Rape cases, which often were not reported
    to the police, were usually settled informally between the families of
    the victim and the perpetrator. Reliable statistics on the prevalence
    of rape were not available.
        Domestic violence against women was a common occurrence, but few
    cases were reported. While the law does not specifically prohibit
    domestic violence, it prohibits ``torture and barbaric acts'' against a
    spouse and specifies penalties up to 20 years' imprisonment. Families
    or clans rather than courts generally addressed cases of violence
    against women. Police rarely intervened in domestic violence incidents,
    and the media reported only the most extreme cases, such as murder. The
    Union of Djiboutian Women's counseling center helped women with a
    variety of problems, including domestic violence. Twenty-eight percent
    of the 344 women assisted by the counseling center reported physical
    violence, 30 percent reported psychological abuse, and more than 50
    percent sought assistance in obtaining alimony or child support
    payments. During the year the counseling center opened a new station in
    the Ali Addeh refugee camp.
        The law does not prohibit sexual harassment, and it was a problem.
    Statistics on the prevalence of sexual harassment were not available.
        The Government recognized the right of citizens to decide freely
    and responsibly the number, spacing, and timing of their children.
    Health clinics operate freely in disseminating information on family
    planning under the guidance of the Ministry of Health. There are no
    restrictions on the right to access contraceptives; in 2009 the
    Government estimated the contraceptive coverage rate at 33.5 percent,
    up from 22.5 percent in 2008. The Government provided childbirth
    services, and increasing numbers of women delivered babies in a
    hospital or health clinic. A 2009 Ministry of Health report stated 78
    percent of the population had access to prenatal care, 15 percent to
    obstetric care, and 36 percent to post-partum care. The UN Population
    Fund estimated the maternal mortality rate in 2008 at 300 deaths per
    100,000 live births. Men and women received equal access to diagnosis
    and treatment for sexually transmitted infections, including HIV/AIDS.
        Women legally possess the same rights as men, with the exception of
    inheritance practices that, in accordance with Shari'a law, provide
    males a larger proportion of estates than females; custom and
    traditional societal discrimination, including in education, resulted
    in a secondary role for women in public life and fewer employment
    opportunities in the formal sector. Many women owned and ran small
    businesses, although mostly in the informal sector, where they did not
    receive the same benefits or access to credit available in the formal
    sector. The Government promoted female leadership in the small business
    sector, including through expanded access to microcredit.
        The increased presence of women in the Government, the legislature,
    and business had a positive effect. A 2008 presidential decree requires
    women to be represented in at least 20 percent of all high-level public
    service positions. The family code governs the majority of family and
    personal matters, but inequities existed. The Ministry for the
    Promotion of Women, Family, Welfare, and Social Affairs was responsible
    for promoting the rights of women.

        Children.--Citizenship is derived from a child's parents. The
    Government did not register all births immediately. There were
    difficulties in registering births of children in remote areas,
    although most births in Djibouti City were registered quickly, and the
    Government continued to encourage immediate registration. There is a
    fee to register a child's birth, and this can sometimes result in
    unregistered births.
        Primary education was compulsory and available to all. However,
    enrollment, although increasing, was not universal. The Government
    provided tuition-free primary and middle-school level public education,
    but other expenses could be prohibitive for poor families. Although the
    educational system did not discriminate against girls, societal
    attitudes resulted in lower school enrollment rates for girls than
    boys.
        Child abuse existed but was not frequently reported or prosecuted.
        Female genital mutilation (FGM) was widely performed on young
    girls. An estimated 93 percent of females in the country have undergone
    FGM. Infibulation, the most extreme form of FGM, continued to be widely
    practiced, especially in rural areas. Some studies indicated that
    recent NGO and government efforts to stop the practice reduced the
    number of young girls subjected to FGM in Djibouti City. The law
    prohibits FGM, punishable by five years' imprisonment and a fine of one
    million DJF ($5,570), and allows NGOs to file charges on behalf of
    victims; however, the Government has not convicted anyone under this
    statute. The law provides for up to one year's imprisonment and a fine
    of up to 100,000 DJF ($557) for anyone convicted of failing to report a
    completed or planned FGM to the proper authorities.
        During the year the Government maintained efforts to end FGM with
    continued high-profile national publicity campaigns, ongoing public
    support from the first lady and other prominent women, and outreach to
    Muslim religious leaders. The Government-run press featured frequent
    and prominent coverage of events organized to educate the public on the
    negative consequences of FGM. Efforts of the Union of Djiboutian Women
    and other groups to educate women were reportedly effective in
    lessening the incidence of FGM in the capital.
        Child marriage occasionally occurred in rural areas; local society
    considered it a traditional practice rather than a problem. The
    Ministry for the Promotion of Women, Family, Welfare, and Social
    Affairs worked with women's groups throughout the country to protect
    the rights of girls, including the right to decide when and whom to
    marry.
        Despite government efforts to keep at-risk children off the streets
    and warn businesses against permitting children to enter bars and
    clubs, there were credible reports of child prostitution on the streets
    and in brothels. Children fell victim to commercial sexual exploitation
    after reaching Djibouti City or the Ethiopia-Djibouti trucking
    corridor. Occasionally child prostitution occurred with the involvement
    of a third party, most frequently an older child or group of older
    children. Of 2,430 prostituted persons apprehended by the police in
    2009, 408 were between the ages of 10 and 17.
        There was no specific law prohibiting statutory rape; the age of
    majority was fixed by law at 18 for both men and women. The sale,
    manufacture, or distribution of all pornography, including child
    pornography, is covered under laws prohibiting attacks on ``good
    morals,'' and violations are punishable with a year in prison and a
    fine of up to DJF 200,000 ($1,113).
        The country is not a party to the 1980 Hague Convention on the
    Civil Aspects of International Child Abduction.

        Anti-Semitism.--There was no known Jewish community, and there were
    no reports of anti-Semitic acts.

        Trafficking in Persons.--For information on trafficking in persons,
    please see the Department of State's annual Trafficking in Persons
    Report at www.state.gov/g/tip.

        Persons With Disabilities.--The constitution does not prohibit
    discrimination against persons with disabilities. The labor code
    prohibits discrimination in employment against such persons. The
    Government did not mandate accessibility to buildings or government
    services for persons with disabilities. Such persons had access to
    education and public health services. There was societal discrimination
    against persons with disabilities. No government agency was charged
    specifically with protecting the rights of such persons. NGOs continued
    to organize seminars and other events that drew attention to the need
    for enhanced legal protections and better workplace conditions for
    persons with disabilities.

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

        Societal Abuses, Discrimination, and Acts of Violence Based on
    Sexual Orientation and Gender Identity.--There were no known reports of
    societal violence or discrimination based on sexual orientation.
    Societal norms did not allow for the public discussion of
    homosexuality, and persons did not openly acknowledge having a
    homosexual orientation.

        Other Societal Violence or Discrimination.--There was no known
    societal violence or discrimination against persons with HIV/AIDS.
    Section 7. Worker Rights

        a. The Right of Association.--The constitution and law provide for
    the right to form and join unions; however, the Government
    substantially restricted these rights in law and in practice. Reliable
    statistics on the percentage of the total workforce that belonged to a
    trade union continued to be unavailable. The two civil organized labor
    unions each have a government-appointed counterpart. The civil
    organized labor unions are not recognized by the Government. Only
    members of the Government-approved labor unions attend international
    and regional labor meetings.
        Forty percent of the population is employed; those in rural areas
    work in agriculture. Most agriculture is subsistence farming, and there
    are no agricultural unions. The president has broad legal powers to
    requisition public servants who are considered indispensable to the
    operation of essential public services. Under the labor code, to be
    registered, a union must have the approval of the Ministries of Labor
    and Interior as well as the Labor Inspectorate and the public
    prosecutor. The Act on Associations also prescribes that a trade union
    cannot be established without prior authorization. Some union leaders
    continued to allege the Government suppressed independent
    representative unions by tacitly discouraging labor meetings and
    accused the Government of encouraging what they called government-
    sponsored ``shadow unions.'' In June the International Labor
    Organization (ILO) expressed its concern over several points of
    divergence between the country's labor laws and ILO Convention 87,
    including convention provisions that (a) provide for a more or less
    automatic suspension of the employment contract when a worker holds
    trade union office; (b) in an overly broadly-formulated form prohibit
    access to any trade union because of any conviction (whether or not the
    conviction is prejudicial to the integrity required to exercise union
    office); (c) prescribe a lengthy and complicated trade union
    registration procedure; (d) require organizations to obtain
    authorization prior to their establishments as trade unions; and (e)
    confer upon the president broad powers to requisition public servants
    considered indispensable to the life of the nation and the proper
    operation of essential public services. The ILO also recommended that,
    where the representativeness of a workers' organization has not yet
    been established, no representation from the trade unions should be
    barred from the tripartite work of the National Council on Work,
    Employment, and Professional Training.
        In June the ILO also expressed its concern over the postal sector,
    where the postal union reportedly had been faced with authorities'
    antiunion interference, including unfair dismissals. The ILO also noted
    with concern the Government's continued lack of response to the
    International Trade Union Confederation's comments made in 2009
    regarding the Government's lack of genuine commitment to encourage the
    reinstatement of workers and trade unionists, particularly those in the
    postal sector, reportedly unfairly dismissed.
        The law provides the right to strike and requires employees who
    plan to strike to provide 15 days' advance notification to the Labor
    Inspectorate, which uses this period to attempt to mediate an alternate
    resolution of the dispute. In practice unions occasionally disregarded
    the requirement for advance notification. Workers exercised the right
    to strike in practice, and the Labor Inspectorate recorded four strikes
    during the reporting period.
        The Labor Union of Djibouti (UDT) continued to operate; however, as
    a civil-organized union it did not have government recognition, and the
    Government continued to recognize members of the approved counterpart
    to the UDT as delegates to international labor meetings. Neither the
    UDT nor the Government-backed unions have full validity in the view of
    local workers or the international community.

        b. The Right to Organize and Bargain Collectively.--The labor code
    allows for collective bargaining and fixes the basic conditions for
    adherence to collective agreements. During the year government
    officials and labor union leaders reported collective bargaining was
    underway, although progress in reaching agreements was slow. Statistics
    were not available on the number of collective agreements. All parties
    agreed workers needed better technical assistance and legal counseling
    to be able to negotiate effectively with employers. The National
    Council on Work, Employment, and Professional Training, established in
    2008, was charged with examining all collective bargaining agreements
    and playing an advisory role in their negotiation and application. The
    council included representatives from labor, employers, and the
    Government.
        Relations between employers and workers were informal and
    paternalistic. Employers generally established wage rates based on
    Labor Ministry guidelines. In disputes over wages or health and safety
    problems, the Ministry of Labor encouraged direct resolution by labor
    representatives chosen by the Government and employers. Workers or
    employers could request formal administrative hearings before the Labor
    Inspectorate. However, in practice the inspectorate did not have
    sufficient resources to conduct regular preventive inspections or to
    follow up on the enforcement of previous cases.
        The law prohibits antiunion discrimination and requires employers
    found guilty of discrimination to reinstate workers fired for union
    activities; however, the Government neither enforced nor complied with
    the law.
        The 2004 Djibouti Free Zone Code establishes more flexible hiring
    regulations for workers in the duty free zone, an export processing
    area. However, on other work issues, the national labor code applies to
    workers in the duty free zone.

        c. Prohibition of Forced or Compulsory Labor.--The law prohibits
    forced or compulsory labor, including by children; however, a small
    number of women and children transiting the country from Somalia or
    Ethiopia and impoverished local girls fell victim to domestic servitude
    after reaching Djibouti City or the Ethiopia-Djibouti trucking
    corridor.
        For further information, please see the Department of State's
    annual Trafficking in Persons Report at www.state.gov/g/tip.

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

        e. Acceptable Conditions of Work.--Only a small minority of the
    population was employed formally and earned a wage salary. The 2006
    labor code canceled minimum wage rates for occupational categories and
    provides that wages be set after common agreement between employers and
    employees. The former national minimum wage did not provide a decent
    standard of living for a worker and family, and it was unlikely that
    such common agreements would provide a decent standard of living. In
    June the ILO recommended the Government reestablish minimum wage rates,
    and ensure that collectively agreed minimum wage rates be binding and
    effectively enforced.
        The legal workweek is 48 hours, normally spread over six days. This
    limit applies to workers regardless of gender or nationality. The law
    mandates a weekly rest period of 24 consecutive hours and the provision
    of overtime pay, and limits compulsory overtime to a maximum of five
    hours per week.
        The Ministry of Labor is responsible for enforcing occupational
    health and safety standards, wages, and work hours. Because enforcement
    was ineffective, workers sometimes faced hazardous working conditions.
    Workers rarely protested due to fear that others willing to accept the
    risks would replace them. There were no laws or regulations permitting
    workers to refuse to carry out dangerous work assignments without
    jeopardizing their continued employment. Although more flexible hiring
    regulations applied in the Free Zone, other labor code provisions
    applied to all workers, including foreign workers and workers in the
    Free Zone.

                                   __________

                               EQUATORIAL GUINEA

        Equatorial Guinea, with an estimated population of approximately
    one million, is nominally a multiparty constitutional republic. All
    branches of government were dominated by President Obiang Nguema
    Mbasogo, who has ruled since seizing power in a military coup in 1979,
    along with his clan from the majority Fang ethnic group and his
    political party, the Democratic Party of Equatorial Guinea (PDGE). In
    November 2009 President Obiang was reelected with 95.37 percent of
    votes cast. There were instances in which elements of the security
    forces acted independently of civilian control.
        The following human rights problems were reported: limited ability
    of citizens to change their government; unlawful killings, including
    summary executions; abductions by security forces; torture of detainees
    and prisoners by security forces; life-threatening conditions in
    prisons and detention facilities; official impunity; arbitrary arrest,
    detention, and incommunicado detention; harassment and deportation of
    foreign residents with limited due process; constraints on judicial
    independence; official corruption at all levels of government;
    restrictions on the right to privacy; restrictions on freedoms of
    speech, press, assembly, association, and movement; official corruption
    and impunity; violence and discrimination against women; suspected
    trafficking in persons; discrimination against ethnic minorities; and
    restrictions on 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.--Security forces
    killed several persons, including by summary execution, during the
    year.
        On December 28, a Malian emigrant, Bakary Konate, was killed by
    uniformed men at a checkpoint in Bata after he failed to pay a bribe.
        On June 30, a civilian court convicted and sentenced three persons,
    including an army officer sentenced in absentia, to long prison
    sentences and hefty fines for manslaughter and trafficking. The three
    were involved in trafficking seven presumed African illegal aliens, who
    were believed to have died from asphyxiation while being transported in
    the back of a truck in February.
        On August 21, the Government summarily executed four former
    military officers-Jose Abeso Nsue, Manuel Ndong Azeme, Jacinto Micha
    Obiang, and Alipio Ndong Asumu-one hour after a military tribunal
    convicted them of terrorism for seeking to overthrow the Government and
    the attempted assassination of the head of state in February 2009.
    According to Amnesty International (AI), the Government facilitated
    their forced return to Equatorial Guinea in late January from a
    neighboring country, where they had been living for several years as
    refugees; they were held incommunicado in Black Beach Prison, where
    they reportedly were tortured. In a statement released on August 23, AI
    criticized the country for ``abductions, torture, and executions it
    currently carries out under the pretense of justice.'' The Government
    stated that the four had been captured in international waters when
    they were duped into preparing an attack similar to the February 2009
    attack on the Malabo presidential palace that they were accused of
    carrying out.
        There were no further developments in the September 2009 death of a
    Nigerian, Akee Jimoh, who was beaten to death by four off-duty police
    officers after refusing to pay a bribe. At year's end, the four
    officers remained suspended from the police force and an investigation
    continued.
        There were no further developments in the following 2008 security
    force killings: the January police killing of an alleged illegal
    immigrant; the March death in detention of Ncogo Mbomio, a member of a
    banned political party, which AI claimed was a result of torture; the
    May police killing of a Malian citizen; and the December killing of a
    Cameroonian fisherman.

        b. Disappearance.--In January security forces secretly detained
    former military men Jose Abeso Nsue, Manuel Ndong Azeme, Jacinto Micha
    Obiang, and Alipio Ndong Asumu and summarily executed them in August
    (see section 1.a.).
        Former army colonel Cipriano Nguema Mba, who was abducted from
    Cameroon in 2008, reportedly escaped from Evinayong Prison on October
    15 (see section 1.e.).

        c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
    Punishment.--The law prohibits such practices; however, security
    officials abused and tortured persons during the year.
        Following his 2008 mission to the country to assess the use of
    torture in the penal system, UN special rapporteur on torture and other
    cruel, inhuman, or degrading treatment or punishment Manfred Nowak,
    stated that police employed the ``systematic use of torture'' on
    detainees, including political prisoners and suspects of common crimes.
    Nowak, who observed a fully equipped torture room in the basement of
    the Bata Central Police Station, documented police abuse, corroborated
    by a medical expert, including beatings to the soles of the feet and
    buttocks with batons, solid rubberized cables, and wooden bars;
    electric shocks with starter cables attached to different parts of the
    body with alligator clips; and various forms of suspension with hands
    and feet tied together for prolonged periods while security officials
    beat victims as they swung back and forth.
        Nowak underlined the inhuman treatment of political prisoners in
    Black Beach Prison where they had been held in solitary confinement for
    up to four years without being allowed the one hour of exercise per day
    required by international minimum standards. Political prisoners
    generally were held in leg irons for almost the entire duration of
    their imprisonment. Nowak also found that immigrants ran an increased
    risk of physical abuse in police cells. The Government categorically
    rejected Nowak's report but then said it would take steps to improve
    conditions.
        According to an August 23 AI report, security forces tortured four
    former military officers in Black Beach Prison until they confessed to
    the attack on the presidential palace in February 2009; the four were
    subsequently executed (see section 1.a.).
        Information surfaced during the year that in February 2009 police
    arrested without warrant Epifanio Pascual Nguema, who they detained at
    the Bata police station. Approximately four days later, police officers
    took Nguema from his cell and tortured him for four hours, according to
    an AI report released on May 28. Police reportedly beat Nguema around
    the kidneys, belly, and genitals. For several days he passed blood in
    his urine and was unable to walk or stand straight. Nguema, who
    reportedly was arrested for procuring travel documents for his wife and
    for criticizing President Obiang, was released uncharged in May 2009.
        Following a February 2009 armed attack on the presidential palace,
    the Government rounded up, arbitrarily arrested without warrant, and
    held without charge 10 Popular Union (UP) members, at least two of whom
    were reportedly tortured.
        Foreigners, primarily irregular immigrants from other African
    countries, were harassed, intimidated, and arbitrarily arrested and
    detained. Foreign diplomats, primarily those from African countries,
    also complained that police harassed, abused, and assaulted them and
    their family members, even after the victims displayed their diplomatic
    documents.
        No action was taken during the year against officials at the Malabo
    Central Police Station who in 2008 reportedly beat at least two former
    members of the banned opposition Progress Party of Equatorial Guinea
    (PPGE) to force confessions.

        Prison and Detention Center Conditions.--Prisons did not meet
    international standards. Following his 2008 visit to assess the use of
    torture in the penal system, UN special rapporteur Manfred Nowak noted
    the use of prolonged solitary confinement, insufficient food, and poor
    sanitary conditions in prisons.
        With the exception of the newly renovated principal jails in Bata,
    Evinayong, and Malabo, conditions in police station jails and other
    local detention centers were harsh and sometimes life threatening.
    Holding cells were overcrowded and dirty, and detainees very rarely had
    access to medical care, exercise, or mattresses. Provision for
    sanitation, ventilation, and lighting and access to potable water were
    inadequate. Diseases, including malaria and HIV/AIDS, were serious
    problems. Access to medical care was inadequate. However, prison
    authorities reportedly provided emergency medical care to prisoners
    they had tortured to keep them alive for other torture sessions. The
    Government has begun providing basic meals in the three main prisons,
    but food was often provided by detainees' families or fellow detainees,
    and access to potable water was severely restricted. Most detainees had
    no access to toilets and resorted instead to plastic bottles or bags.
        Detained irregular immigrants pending deportation were held in
    police cells without food or water for lengthy periods, since most had
    no relatives nearby. In 2008 the UN Working Group on Arbitrary
    Detention, which visited the country in 2007, expressed concern over
    the lengthy arbitrary detentions of irregular immigrants and
    recommended that the Government make significant efforts to ensure
    foreigners received access to consular officials and establish
    reasonable periods of maximum detention; however, foreign embassies
    reported conditions for irregular immigrant detainees remained the same
    during the year.
        There were no reliable statistics on the total number of prisoners
    (including juveniles and women) in detention. Local observers believed
    that there were several hundred overall, but no breakdown was available
    for juveniles or women.
        Female prisoners were generally separated from male prisoners;
    however, juveniles were not separated from adults. Juveniles were
    generally imprisoned for the most serious crimes; otherwise they were
    given ``provisional liberty'' in some cases and monitored. Pretrial
    detainees were held together with convicted prisoners.
        In most cases, prisoners had reasonable access to visitors and were
    permitted religious observances. Authorities did not permit prisoners
    and detainees to submit complaints to judicial authorities and to
    request investigation of allegations of inhumane conditions. During the
    year the director general for penitentiaries twice visited prisons, and
    his visit led to some cosmetic improvements.
        Neither the judicial system nor police had a fully effective system
    to register cases or track prisoners. Prisons provided the Ministry of
    Justice with a monthly printout of prison inmate numbers, including
    releases with full names, sentences completed, and release dates.
    However, the list was not always reliable, and authorities generally
    kept better track of political prisoners than common criminals.
        The Government sometimes permitted independent monitoring of
    conditions in the country's three prisons, 12 jails, and numerous
    holding cells in smaller localities. According to government officials,
    meetings were held during the year with representatives of the
    International Committee of the Red Cross (ICRC) to discuss reopening an
    ICRC office in the country. Government officials confirmed two ICRC
    officials were allowed to visit Malabo's Black Beach Prison and other
    prisons on several occasions throughout the year, but access to
    detainees was intermittent and not uniform for most of the year, and
    standard modalities for these visits were seldom followed. However,
    full, unlimited access was granted to the ICRC in November.
        There was no provision for an ombudsman to serve on behalf of
    prisoners to consider matters such as alternatives to incarceration for
    nonviolent offenders and to prevent overcrowding in prisons.
        During the year the Government continued to make some efforts to
    improve prison conditions by allocating increased budgetary resources
    and improving diet. As a result of renovations completed in 2009,
    prisoner cells and the exercise yard at the Malabo City Prison--which
    was singled out for criticism by Nowak--were larger and better
    ventilated. Physical renovations at the three main civilian prisons
    improved living conditions as did the requirement to feed prisoners for
    the first time instead of relying on relatives. The Government also
    hung antitorture posters at airports and border crossings. Minister of
    National Security Nicolas Obama also met with all police commissioners
    to underscore the illegality of mistreating prisoners. The director of
    human rights held four workshops during the year; security and police
    officials stressed that torture was against the law.

        d. Arbitrary Arrest or Detention.--The law prohibits arbitrary
    arrest and detention; however, security forces arrested or detained
    persons arbitrarily, secretly, and without due legal process. A 2008
    report by the UN Working Group on Arbitrary Detention expressed concern
    that both police and gendarmes frequently ordered arrests and
    detentions without legal authorization. Secret detentions reportedly
    occurred (see section 1.a.).

        Role of the Police and Security Apparatus.--The police are
    generally responsible for security in the cities, while gendarmes are
    responsible for security outside the cities and for special events;
    both report to the minister of national security. Military personnel,
    who report to the minister of defense, also fulfilled police functions
    in border areas, sensitive sites, and high-traffic areas. In addition
    there were police elements within the Ministries of Interior (border
    and traffic police), Finance (customs police), and Justice
    (investigative/prosecuting police). Presidential security officials
    also exercised police functions in the vicinity of the president and
    presidential facilities. Foreign contractors continued to work with the
    Government to consolidate and organize security structures within the
    country.
        Police remained underfunded and poorly trained, and corruption and
    impunity were problems, although less so than in previous years.
    Security forces continued to extort money from citizens and immigrants,
    although the number of such incidents significantly decreased during
    the year. There was no internal investigation unit within the police,
    and mechanisms to investigate allegations of abuse were poorly
    developed.
        The Government recognized the need for professional improvement of
    police and continued to support a broad training program. A foreign
    contractor continued to train police officers and their leaders on
    human rights, prevention of trafficking in persons, rule of law,
    appropriate use of force, and a code of ethics. Evidence and feedback
    from expatriates, citizens, and community leaders indicated improvement
    in performance in human rights and professional conduct, particularly
    among younger officers who received training.

        Arrest Procedures and Treatment While in Detention.--The
    constitution requires arrest warrants, except in cases in which a
    suspect is caught committing a crime; however, the Government
    frequently arrested persons without a warrant. A detainee has the right
    to a judicial determination of the legality of the detention within 72
    hours of arrest, excluding weekends and holidays; however, such
    detentions were often longer, occasionally several months. For example,
    on October 8, police detained Marcos Manuel Ndong, a party secretary of
    the opposition Convergence for Social Democracy (CPDS) in a police jail
    and in Black Beach Prison before allowing him to see a judge on October
    18; the judge released Ndong on December 8 and all charges were
    dropped.
        There were several reports of international businessmen being
    arbitrarily detained in conjunction with business disputes.
        The law provides for detainees to be promptly informed of the
    charges against them; however, authorities did not respect this right
    in practice. Some foreign detainees complained they were detained and
    subsequently deported without knowledge of the charges against them.
    Although a bail system and public defenders--supplied by the bar
    association, which received funding from the Government--were available
    upon request, the public was largely unaware of either, and neither
    system operated effectively.
        The law provides for family visits and prohibits incommunicado
    detention; however, use of such detention and denial of family visits
    were serious problems. According to the 2008 report by the UN Working
    Group on Arbitrary Detention, lawyers did not have access to police
    stations and could not contact detainees while they were held there;
    police superintendents interviewed by the working group stated they did
    not see the need for or advisability of such access.
        Police periodically raided immigrant ghettoes, local stores, and
    restaurants to apprehend irregular immigrants; however, reliable
    sources reported that many legal, as well as irregular, immigrants were
    abused, extorted, or detained during such raids. Police often used
    excessive force to detain and deport detainees, and almost all foreign
    embassies in the country criticized the Government during the year for
    its harassment, abuse, extortion, and detention without representation
    of foreign nationals. Many detainees complained about the bribes
    required for release from detention.
        In January security forces forcibly returned from overseas four
    citizens for suspected involvement in the February 2009 presidential
    palace attack, detained them in Black Beach Prison, and summarily
    executed them in August (see section 1.a).
        The Government arbitrarily arrested a journalist during the year
    (see section 2.a.).
        Unconfirmed information surfaced during the year that at least 20
    minors between ages of 10 and 17 were arrested in February 2009 for
    receiving money from one of President Obiang's grandchildren, who
    apparently had stolen the money. They were detained for nearly two
    months before being released.
        Lengthy pretrial detention remained a problem, and a significant
    number of those incarcerated were pretrial detainees; however, the
    number of pretrial detainees, especially of common criminals as opposed
    to political prisoners, was generally unavailable. Prison authorities
    started to provide monthly printouts on prisoners and detainees to the
    Ministry of Justice. Inefficient judicial procedures, corruption, lack
    of monitoring, and inadequate staffing contributed to the problem.

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

        Trial Procedures.--By law a defendant enjoys the presumption of
    innocence until proven guilty; however, the Government suspended due
    process and the presumption of innocence for several detainees during
    the year (see section 1.a). Most trials for ordinary crimes were
    public, but juries were seldom used. Defendants have the right to be
    present at their trials but rarely were able to consult promptly with
    attorneys unless they could afford private counsel. An accused person
    who cannot afford a lawyer is entitled to ask the Government to provide
    one, but only if the accused is summoned to appear in court, and
    defendants were not routinely advised of this right. The country's bar
    association was available to defend indigent defendants; however, there
    remained a shortage of lawyers, and there continued to be no effective
    system of court-appointed representation. The law provides for
    defendants to confront and question witnesses and present their own
    witnesses and evidence; however, this right was seldom enforced in
    practice. By law the accused has the right to appeal; however, legal
    appeals were not common due to lack of adequate legal representation
    and ignorance of constitutional rights. The law extends these rights to
    all citizens.

        Political Prisoners and Detainees.--It was difficult to estimate
    the number of persons detained or imprisoned for exercising their
    political rights, in part because authorities did not maintain reliable
    prisoner lists or allow comprehensive independent monitoring of
    detention facilities. However, approximately 20 political prisoners
    were believed to remain incarcerated at year's end.
        Political prisoners were incarcerated for offenses relating to the
    exercise of political rights; all were members of opposition parties,
    mainly banned parties, or persons the Government accused of involvement
    in various coup attempts. Of those convicted, most were charged with
    ``crimes against the state.'' Some were convicted by military courts
    without respect for due process, and some were tried summarily without
    the right to appeal their sentences, according to the UN Working Group
    on Arbitrary Detention.
        Some political prisoners were released during the year.
        On October 7, seven Nigerians (one died earlier in captivity) and
    UP opposition activists Marcelino Nguema and Santiago Asumu were
    pardoned and released; all had been accused of involvement in the
    February 2009 presidential palace attack. The pardon of the Nigerians
    followed their April conviction and sentencing to 12 years in prison by
    a civilian court. The two UP opposition activists were acquitted by the
    same civilian court but subsequently tried by a military tribunal,
    which sentenced them to 20 years in prison. According to AI, Marcelino
    Nguema and Santiago Asumu were tried twice on the same charges.
        During the year all charges were dropped against eight UP activists
    who were arrested in connection with the presidential palace attack and
    subsequently released on bail in 2009.
        The Government also pardoned five political prisoners being held in
    Bata Prison: Jesus Micha Micha, Carmelo Ncogo Mitogo, Juan Bestue
    Santander, Antonio Mba Ndong, and Juan Maria Itutu Mendez. The five had
    been extradited from Gabon in 2004 and given long jail sentences in
    2007 in connection with disturbances on Corisco Island.
        On October 15, former army colonel Cipriano Nguema Mba, who in 2008
    was abducted from Cameroon where he was recognized as a refugee,
    escaped from Evinayong Prison. In a 2004 military trial, Nguema was
    convicted of treason in absentia and sentenced to 30 years'
    imprisonment for allegedly plotting a coup and leaving the country with
    government funds.
        The Government continued to detain other political prisoners whom
    government agents had kidnapped from neighboring countries in recent
    years, according to the UN Working Group on Arbitrary Detention.
        The UN Working Group on Arbitrary Detention recommended in 2008 the
    adoption by the Government of necessary measures to put an immediate
    end to secret detentions. The group cited the (at that time) secret
    detentions of Florencio Ela Bibang, Felipe Esono Ntumu, and Antimo Edu
    Nchama, all of whom were kidnapped in foreign countries where they had
    refugee status, tortured, and convicted of treason in a military
    tribunal. Bibang and Nchama were believed to remain in Black Beach
    Prison. On October 15, Felipe Esono Ntumu reportedly escaped from
    Evinayong Prison, along with Cipriano Nguema Mba.
        In 2008 a court convicted and sentenced to six years' imprisonment
    five former members of the banned PPGE political party--Cruz Obiang
    Ebele, Emiliano Esono Micha, Gerardo Angue Mangue, Gumersindo Ramirez
    Faustino, and Juan Ecomo Ndong--on charges of belonging to a banned
    party, holding illegal meetings, attempting to overthrow the
    Government, and arms smuggling. At year's end the five remained in
    prison.
        The Government took little action on 2008 recommendations by the UN
    Working Group on Arbitrary Detention that the Government draft a new
    criminal code; establish an independent judiciary; prompt judges and
    law officers to make periodic visits to prisons and police detention
    centers; limit the jurisdiction of military courts to military offenses
    committed by armed forces personnel; and extend human rights training
    to judges, law officers of all grades, security force members, and the
    Office of the Attorney General. The Government stated it lacked the
    internal capacity to fully institute such changes but that it would
    welcome the efforts of outside organizations and governments to provide
    this capacity training.

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

        f. Arbitrary Interference With Privacy, Family, Home, or
    Correspondence.--The constitution and law prohibit such actions, but
    the Government often did not respect these prohibitions in practice.
    Security forces entered homes without authorization and arrested
    suspected dissidents, criminals, foreign nationals, and others--often
    without judicial orders, which are not required for certain officials
    to enter and search homes--and confiscated their property with
    impunity.
        Government informers reportedly monitored opposition members,
    nongovernmental organizations (NGOs), and journalists. Most residents
    and journalists believed the Government monitored telephone calls.
        Individuals may hold property title to pieces of land, but the
    state has full power of eminent domain, which it often exercised in the
    interests of development. In past years, scores of families were
    forcibly evicted from their homes to make room for roads and housing
    developments, especially in Malabo and Bata. The local Red Cross,
    Catholic Church, human rights lawyers, and opposition members expressed
    concerns about the displacement of poor communities.
    Section 2. Respect for Civil Liberties, Including:

        a. Freedom of Speech and Press.--The constitution and law provide
    for freedom of speech and of the press; however, the law grants
    extensive powers to authorities to restrict the activities of the
    media, and the Government continued to limit these rights in practice.
    The country's media remained weak and under government influence or
    control. Journalists were subject to surveillance and practiced self-
    censorship.
        While criticism of government policies was allowed, individuals
    generally could not criticize the president, his family, other high-
    ranking officials, or the security forces without fear of reprisal, and
    the Government reportedly attempted to impede criticism by continuing
    to monitor the activities of the political opposition, journalists, and
    others. Libel is a criminal offense.
        Starting a new periodical required a complicated process governed
    by an ambiguous law and was often inhibited by government bureaucracy.
    In addition, accreditation was cumbersome for both local and foreign
    journalists, who had to register with the Ministry of Information.
        Only one international news agency had a regular stringer present
    in the country, and government agents reportedly followed and observed
    stringers for foreign media. Some international media were not able to
    operate freely in the country during the year, and the Government
    refused to issue visas to some Spanish journalists from major media
    organizations prior to the November 2009 presidential election.
    International newspapers or news magazines were generally not available
    in rural markets due, at least in part, to their high price and the low
    rate of literacy in rural areas; however, international magazines and
    newspapers increasingly were being sold in a number of grocery stores
    and hotels in Malabo and Bata.
        On April 14, police in Malabo detained Agence France-Presse and
    Africa One radio correspondent Samuel Obiang Mbana for five hours while
    he attempted to cover a regional summit.
        The law allows the Government considerable authority to restrict
    press activities through official prepublication censorship. The law
    also establishes criminal, civil, and administrative penalties for
    violation of its provisions, in particular when it comes to violations
    of the 19 ``publishing principles'' in article 2 of the Law on the
    Press, Publishing, and Audiovisual Media.
        Many of the legal and administrative obstacles criticized by
    international press freedom advocacy groups continued to pose
    significant problems for the country's media.
        The Government owned the only national radio and television
    broadcast system, RTVGE. The president's eldest son owned the only
    private broadcast media. Satellite broadcasts were widely available,
    including the French language Africa24 television channel that carried
    opposition criticism.
        Foreign channels were not censored, were broadcast throughout the
    country, and included Radio France International, the BBC, and Radio
    Exterior, the international shortwave service from Spain.

        Internet Freedom.--There were no government restrictions on access
    to the Internet or reports the Government monitored e-mail or Internet
    chat rooms or collected personally identifiable information.
    Individuals and groups could engage in the peaceful expression of views
    via the Internet, including by e-mail. Most overt criticism of the
    Government came from the country's community in exile, and the Internet
    replaced broadcast media as the primary way opposition views were
    expressed and disseminated. Exiled citizens' sites were not blocked and
    some Internet-based criticism of the Government and its leaders was
    openly sourced to individuals living inside the country without
    negative repercussions. According to International Telecommunication
    Union statistics for 2009, approximately 2.2 percent of the country's
    inhabitants used the Internet.

        Academic Freedom and Cultural Events.--There were no official
    restrictions on academic freedom or cultural events; however, in past
    years some professionals lost their teaching positions because of their
    political affiliation or critical statements reported to government
    officials by students in their classes. Most professors reportedly
    practiced self-censorship to avoid problems. Cultural events required
    coordination with the Ministry of Information, Culture, and Tourism.
        Members of opposition political parties and faculty members
    complained of government interference in the hiring of teachers,
    continued employment of unqualified teachers, and pressure to give
    passing grades to failing students with connections. Teachers with
    political connections but no experience or accreditation were hired,
    even though they seldom appeared at the classes they purportedly
    taught. No teacher's union existed to defend the rights of teachers,
    and teaching positions were available only to PDGE members.
        On May 26, university professor Alfredo Okenve Ndo was fired from
    the National University's School of Engineering Technology as both a
    board member and professor after speaking about official corruption at
    a civil society event abroad on May 21.

        b. Freedom of Peaceful Assembly and Association.--Freedom of
    Assembly.--The constitution and law provide for the right of assembly;
    however, the Government restricted this right, largely through limits
    on freedom of association, which made it difficult for organizations
    that had not gained legal authorization to operate and hold meetings
    legally. Although the Government formally abolished permit requirements
    for political party meetings within party buildings, opposition parties
    were expected to inform authorities if they wished to hold gatherings
    outside of their headquarters. The Government required notification for
    public events such as meetings or marches. According to foreign donors
    and members of local civil society groups, in light of coup attempts in
    recent years, the Government continued to view some informal meetings
    by associations as security threats.
        On September 1, the provincial governor in Bata refused to
    authorize a public demonstration against the death penalty by the
    legally recognized UP party on the grounds that the party ``is not
    represented in parliament where it could actually introduce a bill
    against it.''
        During the 2009 election campaign, local officials impeded
    opposition attempts to campaign in regions loyal to the president (see
    section 3).

        Freedom of Association.--The constitution and law provide for
    freedom of association, but the Government significantly restricted
    this right in practice. All political parties, labor unions, and other
    associations must register with the Government. As of year's end, only
    one labor organization had been registered. The law prohibits the
    formation of political parties along ethnic lines, and several
    political parties remained banned (see section 3). The registration
    process for NGOs was costly, burdensome, opaque, and sometimes took
    years to complete. However, there were no government restrictions that
    targeted specific groups. During the year foreign donors continued to
    urge the Government to review and reform the legal regime governing the
    establishment of NGOs.

        c. Freedom of Religion.--For a description of religious freedom,
    see the 2010 International Religious Freedom Report at www.state.gov/g/
    drl/irf/rpt.

        d. Freedom of Movement, Internally Displaced Persons, Protection of
    Refugees, and Stateless Persons.--The law provides for freedom of
    movement within the country, foreign travel, emigration, and
    repatriation. However, the Government sometimes restricted these rights
    in practice.
        During the year there were no cases in which the Government
    cooperated with the UN High Commissioner for Refugees, which had no
    local office, or other humanitarian organizations in assisting refugees
    and asylum seekers.
        Police at roadblocks routinely checked passing travelers and
    occasionally engaged in petty extortion, although reports of such
    practices declined during the year. Frequent roundups of irregular
    immigrants also occurred at roadblocks. The Government claimed
    roadblocks impeded illegal immigration, mercenary activities, and
    attempted coups.
        The law prohibits forced internal or external exile; however, the
    Government did not respect this in practice. Following the granting of
    pardons to political prisoners in 2008, the Government required several
    of them to return to and remain in their villages of origin. Several
    members of banned political parties remained in self-imposed exile.
        Internally Displaced Persons (IDPs).--Unlike in the previous year,
    there were no reports that the Government continued to forcibly evict
    scores of families from their homes to make room for roads and luxury
    housing developments (see section 1.f.).

        Protection of Refugees.--The country's laws provide for the
    granting of asylum or refugee status, and the Government has not
    established a system for providing protection to refugees. The
    Government provided temporary humanitarian protection to individuals
    who may not qualify as refugees under the 1951 Convention and its 1967
    Protocol.
        In practice the Government provided some protection against the
    expulsion or return of persons to countries where their lives or
    freedom would be threatened on account of their race, religion,
    nationality, membership in a particular social group, or political
    opinion.
        Although reliable data on the number of persons involved was not
    available, the Government provided temporary humanitarian protection to
    individuals who may not qualify as refugees during the year.
    Section 3. Respect for Political Rights: The Right of Citizens to
            Change Their Government
        The constitution and law provide citizens the right to change their
    government peacefully; however, despite continued improvements in the
    electoral process during the year, this right was extremely limited,
    partly as a result of the dominance of the ruling PDGE party.

        Elections and Political Participation.--In November 2009 President
    Obiang was reelected, winning 95.37 percent of votes cast; opposition
    candidate Placido Mico of the CPDS won 3.55 percent of the vote. The
    lopsided results and weak independent monitoring of the electoral
    process raised the suspicion of systematic voting fraud. Few
    international election observers monitored the country's 1,289 polling
    stations as a result of the Government's insistence on coordinating
    their movement, prohibition of criticism, and control of media access.
    Procedural irregularities at some polling stations included multiple
    voting, failure to respect secrecy of the vote, and the absence of a
    posted list of registered candidates. At some stations, family voting
    was allowed, unregistered voters were allowed to vote, and ballot boxes
    were unsealed. Soldiers were deployed to all polling stations.
        In October 2009 President Obiang announced the election would be on
    November 29, with campaigning to begin officially on November 5.
    According to Human Rights Watch, the tight election timetable and the
    Government's refusal to make the voter rolls public severely limited
    the opposition's ability to campaign and win support. The voter
    registration process, an important part of the preparations for
    elections in the country, was seriously flawed. The registration
    committee was composed primarily of PDGE members and routinely decided
    issues in favor of the PDGE. When registering a PDGE member, the
    committee registered all members of the family as PDGE voters,
    including children. Persons who were dead, underage, or living abroad
    were included as PDGE registrants.
        No independent and impartial body existed to oversee the electoral
    process or consider election-related complaints. The National Electoral
    Commission, which was separate from the voter registration committee
    and charged with ensuring the fairness of the elections and handling
    formal postelection complaints, was controlled by the ruling party and
    headed by the interior minister, a prominent member of the party. While
    its membership included a representative of each political party that
    fielded candidates, it also included representatives from the
    Government, lacked civil society representation, and a majority of its
    members were ruling party officials. The opposition CPDS party claimed
    that one of its electoral officials was forced with a pistol held to
    his head to sign off on a vote count.
        Opposition party members and candidates operated at a significant
    disadvantage when attempting to gain voter support. On the whole,
    opposition parties and their candidates were poorly organized, poorly
    financed, and lacked public support. Because of quasi-mandatory
    collection of dues and other contributions, the ruling party had
    greatly disproportionate funding available, including for gifts to
    potential voters. Several peaceful political parties banned in recent
    years were not allowed to participate in the elections. The Government
    denied the opposition equal access to the media. Opposition members and
    leaders also claimed the Government monitored their activities.
        Unlike in previous elections, no opposition members were
    arbitrarily arrested, detained, or tortured; however, opposition
    candidates were harassed and intimidated during the presidential
    campaign.
        No action was taken against a priest in Ayene who stopped a CPDS
    candidate from holding a rally in the town square in November 2009 or
    against the security forces and PDGE members who assaulted supporters
    of the UP party in Aconibe the same month.
        The ruling PDGE party ruled through a complex arrangement built
    around family, clan, and ethnic loyalties. Indirect pressure for public
    employees to join the PDGE continued. Opposition party members
    continued to report they had been discriminated against in hiring, job
    retention, scholarships, and obtaining business licenses. During the
    year individuals contended government pressure precluded opposition
    members from obtaining jobs with foreign companies. Opposition party
    members claimed businesses found to have hired employees with direct
    links to families, individuals, parties, or groups out of favor with
    the Government were often forced to dismiss employees or face
    recrimination.
        The three legal opposition parties faced restrictions on freedoms
    of speech, association, and assembly (see sections 2.a. and 2.b.). Some
    political parties that existed before the 1992 law establishing
    procedures to legalize political parties remained banned, generally for
    ``supporting terrorism.''
        The president, who may serve an unlimited number of six-year terms,
    exercised strong powers as head of state, commander of the armed
    forces, head of the judiciary, and founder and head of the ruling
    party. In general, leadership positions within government were
    restricted to the president's party or the coalition of ``loyal
    opposition'' parties. Because the ruling party overwhelmingly dominated
    the commissions established to review electoral practices and recommend
    reforms, few changes were made. The minister of the interior was
    appointed to act as president of the national electoral commission.
        The Government did not overtly limit participation of minorities in
    politics; however, the predominant Fang ethnic group, estimated to
    constitute more than 85 percent of the population, continued to
    exercise strong political and economic power. Women comprised more than
    10 percent of the 100-member parliament, including its vice president.
    There was one woman in the cabinet and four of the vice ministers (for
    the Ministries of Health, Economy, Finance, and Planning) were women.
    Section 4. Official Corruption and Government Transparency
        Laws provide severe criminal penalties for official corruption;
    however, the Government did not implement these laws effectively, and
    officials frequently engaged in corrupt practices with impunity.
    Corruption continued to be a severe problem. The presidency and prime
    minister's office were the lead agencies for anticorruption efforts.
    The president and members of his inner circle continued to amass
    personal profits from the oil windfall.
        At least two high-profile corruption cases involving officials
    stealing government funds were successfully prosecuted during the year.
    Both involved well-connected government officials in the Ministry of
    Finance and in the state-run telephone company, GETESA. Lengthy jail
    sentences and heavy fines were handed down to senior officials,
    including a parliamentarian from the ruling party and a relative of a
    vice prime minister.
        In August, in the finance ministry case, treasury official and
    ringleader Ernesto Abeso was sentenced to 21 years in prison and fined
    3 million CFA ($6,072). Another finance ministry official, Adolfo Mba
    Ela, was sentenced to 21 years. A 19-year sentence was imposed on three
    other finance ministry officials, Martin Nseng Monsuy (also a PDGE
    parliamentarian), Angel Salvador Elo Micue, and Astrina Micue Ndong.
    Seven others received lesser sentences, and 11 others were acquitted.
        In September, in the GETESA case, a court convicted six persons of
    stealing government funds (three were French citizens who were tried in
    absentia).
        In July some national security officials were removed because of
    corruption and posted abroad as diplomats in African embassies. The
    vice minister of national security and the secretary of state for
    national security were both removed from their positions. The vice
    minister refused to go to his posting and was briefly imprisoned and
    reportedly remained under house arrest.
        In November a French appeals court reinstated the lawsuit filed in
    2008 against President Obiang and two other African heads of state
    accused of acquiring luxury homes in France with embezzled public
    funds. The lawsuit, which was dismissed by a French court earlier in
    the year, was filed by anticorruption activist groups, including the
    French chapter of AI.
        A lawsuit filed by a Spanish human rights group in 2008 alleging
    that members of President Obiang's family and high-ranking political
    officials close to the president had laundered money and bought homes
    in Spain from embezzled funds continued at year's end.
        Officials by law must declare their assets, although no
    declarations were published publicly. There was no requirement for
    officials to divest themselves of business interests in potential
    conflict with official responsibilities and no law prohibiting conflict
    of interest. Most ministers continued to moonlight and conduct
    businesses they conflated with their government responsibilities.
        During the year the Government made progress toward meeting
    objectives required to join the Extractive Industries Transparency
    Initiative (EITI), a multinational civil society initiative to
    encourage transparency and accountability in extractive industries,
    developing an approved work plan and achieving candidate status. As a
    result of its participation in the EITI, the Government for the first
    time released oil revenue figures for 2007 ($4 billion) and 2008 ($5.9
    billion). However, in April EITI delisted Equatorial Guinea as a
    candidate country because of lack of consensus among board members on
    whether or not there were extenuating circumstances that would give the
    country an extension to complete all EITI requirements.
        The law does not provide for public access to government
    information, and citizens and noncitizens, including foreign media,
    were generally unable to access government information. A lack of
    organized record keeping, archiving, and public libraries also limited
    access.
    Section 5. Governmental Attitude Regarding International and
            Nongovernmental Investigation of Alleged Violations of Human
            Rights
        The law restricts NGO activity, and the few existing domestic human
    rights NGOs focused on development issues involving social and economic
    rights, such as health and elder care. Although the law includes human
    rights among the areas in which NGOs may operate, no NGO reported
    publicly on the abuse of civil or political rights by the Government or
    on official corruption. Thus, there were no local groups dedicated to
    human rights, rather there were groups that worked on human rights as
    part of their overall brief. The Government was suspicious of human
    rights activity, claiming that much of it was prompted by antiregime
    exile groups and critical foreign NGOs.
        On September 28, the Government, working with the World Bank and
    Revenue Watch Institute, allowed a rare NGO training workshop to take
    place in Bata, according to a foreign diplomat charged with evaluating
    the status of civil society in the country. Government restrictions,
    including burdensome registration requirements and lack of capacity to
    manage and provide the public with information, continued to impede the
    activities and development of domestic civil society. There were few
    international human rights NGOs resident in the country, and they
    generally focused on social and economic rather than civil and
    political rights.
        The Government cooperated to varying degrees with international
    organizations such as the ICRC and the UN. According to government
    officials, meetings were held during the year with representatives of
    the ICRC to discuss reopening an ICRC office in the country. In
    February the ICRC, which suspended prison visits in 2008 after the
    Government refused to grant access to some prisoners, resumed visits
    (see section 1.c.).
        In 2009 the Government categorically rejected the 2008 report on
    detention facilities by UN special rapporteur on torture Manfred Novak,
    who reported that torture appeared to reflect a state-endorsed method
    of obtaining evidence and confessions and that a culture of total
    impunity allowed torture to continue unabated (see section 1.c.).
        The primary official in charge of human rights, the third vice
    prime minister for human rights, functioned more to defend the
    Government from accusations than to investigate human rights complaints
    or keep statistics on them.
        The parliamentary committee for complaints and petitions provided a
    forum for the public to register concerns and was increasingly active
    during the year. The committee accepted complaints and petitions
    whenever the parliament was in session. The sole opposition member in
    parliament vociferously and publicly denounced abuses.
    Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
        The constitution and law prohibit discrimination based on race,
    gender, religion, disability, language, or social status; however, the
    Government did not enforce these provisions effectively. Nonetheless,
    numerous public outreach efforts were undertaken to improve public
    awareness of the issues associated with violence and discrimination
    against women and children, discrimination against ethnic minorities,
    and discrimination against those with HIV/AIDS.

        Women.--Rape is illegal and penalties date back to the Spanish
    colonial era penal code in existence as of 1968, but spousal rape is
    not specified in the law. Penalties include a minimum punishment of 12
    years in prison to a maximum of 20 years. An additional fine may be
    levied, but the law does not specify the amount. The Government did not
    enforce the law effectively. Reporting rape was considered shameful to
    the families involved. Several cases were prosecuted in court during
    the year, but the exact number was not known.
        Domestic violence was a widespread problem. Violence against women,
    including spousal abuse, is illegal, but the Government did not enforce
    the law effectively. Depending on severity and circumstances, the
    penalty for assault can range from one to 20 years' imprisonment.
    Police and the judiciary were reluctant to prosecute domestic violence
    cases. In conjunction with international organizations, the Government
    conducted public awareness campaigns on women's rights and domestic
    violence. In accordance with a law passed in May 2009, family courts
    were created to deal with cases of violence against women. On occasion,
    the police organized workshops on family violence.
        Sexual harassment is illegal; its extent was unknown. There were no
    known cases brought before the courts.
        The Government did not interfere with the basic right of couples
    and individuals to decide freely and responsibly the number, spacing,
    and timing of their children and to have the information and means to
    do so free from discrimination, coercion, and violence. According to
    the UN Population Fund (UNFPA), less than 10 percent of the population
    used any contraceptives. Statistics on maternal health, prenatal care,
    essential obstetric care, and postpartum care were dated and
    unreliable. However, the UNFPA estimated the maternal mortality ratio
    to be 280 deaths per 100,000 live births. The Population Reference
    Bureau estimated that in 2008 approximately 65 percent of births were
    attended by skilled health personnel. However, many local observers
    believed that such data was unreliable. Some prenatal and obstetric
    care was free in government clinics but availability and quality was
    highly variable, and access was limited mostly to the two main cities.
    Women were equally diagnosed and treated for sexually transmitted
    infections, including HIV.
        The law provides for equal rights for women and men, including
    rights under family law, property law, and in the judicial system;
    however, the rights of women were limited in practice. According to the
    UN Committee on the Elimination of Discrimination against Women, the
    prevalence of negative stereotypes and the ``deep-rooted adverse
    cultural norms, customs, and traditions, including forced and early
    marriage, and levirate marriage (the practice by which a man may be
    required to marry his brother's widow)'' discriminated against women.
    Lack of legislation regulating customary marriages and other aspects of
    family law also discriminated against women, particularly with respect
    to polygyny, inheritance, and child custody.
        Women in rural areas largely were confined by custom to traditional
    roles. In urban settings women with equal qualifications rarely
    suffered overt discrimination. However, the country maintained a
    conservative culture in which societal bias against women persisted.
    Women sometimes experienced discrimination in access to employment,
    credit, and equal pay for substantially similar work.
        The Government continued to provide courses, seminars, conferences,
    and media programs to sensitize the population and government agencies
    to the needs and rights of women. The Ministry of Social Affairs and
    the Promotion of Women held several events during the year to publicize
    these rights and held public rallies for women's rights and against
    domestic violence.

        Children.--Citizenship is derived from one's parents. Registration
    of births is the responsibility of the parents, and failure to register
    a child so can result in the denial of public services.
        Education was free and compulsory until 13 years of age. The
    overwhelming majority of children attended school at least through
    primary grades. Boys were generally expected by their families either
    to complete an additional seven years of secondary school or to finish
    a program of vocational study after primary education. For many girls
    in rural settings, however, early pregnancy or the need to assist at
    home limited educational opportunities, and women generally attained
    lower educational levels than men. During the year the Government
    continued to partner with a foreign oil company to undertake a
    multimillion dollar school renovation program and work with a foreign
    country to reform outdated curriculum materials.
        Abuse of minors is illegal; however, the Government did not enforce
    the law effectively, and child abuse occurred. Physical punishment was
    the culturally accepted method of discipline. During the year a small
    number of cases in which child abuse was alleged came before the
    courts.
        The law does not address child prostitution or child pornography.
    There was little evidence children engaged in prostitution for survival
    without third party involvement. The minimum age for sexual consent is
    18.
        While teenage pregnancies are not uncommon, the Ministry of Social
    Affairs and the Promotion of Women operated several successful programs
    to deter child marriage.
        The country is not a party to the 1980 Hague Convention on the
    Civil Aspects of International Child Abduction. For information on
    international child abduction, please see the Department of State's
    annual report on compliance at http://travel.state.gov/abduction/
    resources/congressreport/congressreport--4308.html.

        Anti-Semitism.--The Jewish community was extremely small; there
    were no reports of anti-Semitic acts.

        Trafficking in Persons.--For information on trafficking in persons,
    please see the Department of State's annual Trafficking in Persons
    Report at www.state.gov/g/tip.

        Persons With Disabilities.--The law does not provide persons with
    disabilities with protection from discrimination in employment,
    education, or the provision of other state services, nor does it
    mandate access to buildings for persons with disabilities.
        Educational services for persons with mental or physical
    disabilities were limited. The local Red Cross, with financial support
    from the Government, managed the country's school for deaf children.
    The Government, through the Ministry of Social Affairs, and the
    Catholic Church worked together to provide care for the mentally
    handicapped in the Virgin Madre Maria Africa facility. The country's
    first lady gave several highly publicized donations to help the
    handicapped.
        The Ministries of Education and Health have primary responsibility
    for protecting the rights of persons with disabilities. Public service
    announcements regarding rights of persons with disabilities continued
    to be broadcast.

        National/Racial/Ethnic Minorities.--Discrimination against ethnic
    or racial minorities was illegal; however, societal discrimination,
    security force harassment, and political marginalization of minorities
    were problems. Foreigners were often victimized. Irregular residents
    from Nigeria, Ghana, Cameroon, Mali, Togo, Gabon, and other African
    countries represented a significant portion of the labor force and
    continued to grow, despite police attempts to enforce immigration laws.

        Societal Abuses, Discrimination, and Acts of Violence Based on
    Sexual Orientation and Gender Identity.--There are no laws
    criminalizing sexual orientation; however, societal stigmatization and
    traditional discrimination against gay men and lesbians was strong, and
    the Government made little effort to combat it.

        Other Societal Violence and Discrimination.--Despite frequent
    public statements and radio campaigns advocating nondiscrimination,
    persons with HIV/AIDS continued to be victims of societal
    stigmatization, which led them to keep their illness hidden. The
    Government provided free HIV/AIDS testing and treatment and supported
    public information campaigns to increase awareness.
    Section 7. Worker Rights

        a. The Right of Association.--The law provides workers the right to
    establish unions and affiliate with unions of their choice; however,
    the Government placed practical obstacles before groups wishing to
    organize. Most often, those seeking to organize were co-opted into
    existing party structures by means of pressure and incentives. The
    Union Organization of Small Farmers continued to be the only legal
    operational labor union. According to the International Trade Union
    Confederation, authorities continued to refuse to register the
    Equatorial Guinea Trade Union or recognize other existing unions. The
    law stipulates a union must have at least 50 members from a specific
    workplace to register; this rule effectively blocked union formation.
    Authorities refused to legalize the Independent Syndicated Services, a
    public sector union, despite its having met the requirements of the
    law.
        Workers have the right to strike; however, they rarely did so, in
    part because they feared losing their jobs and possible harm to
    themselves or their families. On several occasions during the year,
    both local and foreign workers engaged in temporary protests or ``go
    slows'' (work slowdowns and planned absences) which were resolved
    peacefully by labor ministry officials through negotiations and fines
    on employers.
        Unlike in previous years, there were no reports that security
    forces killed strikers. No action was taken against police responsible
    for the 2008 killing of two Chinese strikers.

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

        c. Prohibition of Forced or Compulsory Labor.--The law prohibits
    forced or compulsory labor, including by children; however, children
    were subjected to forced labor. According to UN and other sources,
    there was no evidence of forced labor by adults. See also the
    Department of State's annual Trafficking in Persons Report at
    www.state.gov/g/tip.

        d. Prohibition of Child Labor and Minimum Age for Employment.--The
    law prohibits children under the age of 14 from working and provides
    that persons found guilty of illegally forcing a minor to work may be
    punished with a fine of approximately 50,000 to 250,000 CFA francs
    ($101 to $505); however, child labor occurred. The law prohibits
    children from working as street vendors or car washers; however,
    children performed such activities. Children also worked as street
    vendors, in local markets, and in car washing and were involved in
    domestic servitude.
        Law enforcement officials were often stationed in market places,
    where they enforced laws prohibiting minors from working there. Vendors
    who violated these laws could be forced to close down their stalls,
    heavily fined, or deported; however, no vendors were prosecuted during
    the year. The Government did not provide social services to children
    found working in markets. In general there was greater protection for
    local children focusing on concern that they be in school; foreign
    children, mostly street vendors, were treated like foreign adults.
        The Ministry of Labor is responsible for enforcing child labor
    laws. Authorities were relatively effective in enforcing child labor
    laws, at least as far as Equatoguinean children were concerned.

        e. Acceptable Conditions of Work.--Enforcement of labor laws and
    ratified international labor agreements was not effective, resulting in
    poor working conditions. While the Government paid more attention to
    such issues during the year, safety codes, for example, were not
    generally enforced. Most petroleum companies, on the other hand,
    exceeded minimum international safety standards.
        In April 2009 the Government issued Public Decree 60/2009, which
    establishes a monthly minimum wage of 95,400 CFA francs ($193) for all
    workers in the country, including farmers; however, the minimum wage
    did not provide a decent standard of living for a worker and family in
    Malabo or Bata. In the rest of the country, the minimum wage provided a
    minimally adequate income. Many formal-sector companies paid more than
    this, but many workers (e.g., farmers) were not covered under the
    minimum wage law. By law hydrocarbon industry workers received salaries
    many times higher than those in other sectors, creating disparities
    within society and fueling inflation for some goods and services. The
    Ministry of Labor is responsible for enforcing minimum wage rules.
        The law prescribes a standard 35-hour workweek and a 48-hour weekly
    rest period; these requirements were generally observed in the formal
    economy. Exceptions were made for some jobs, such as those in offshore
    oil industry work. Premium pay for overtime was required, but the
    requirement was not always effectively enforced.
        The law provides for protection of workers from occupational
    hazards, but the Government did not effectively enforce this provision.
    In 2009 the Government hired an additional 100 labor inspectors to
    oversee the industry. The law does not provide workers with the right
    to remove themselves from situations that endangered health or safety
    without jeopardizing their continued employment. The law does not
    provide for any exception for foreign or migrant workers.

                                   __________

                                    ERITREA

        Eritrea is a one-party state that became independent in 1993 after
    its citizens voted for independence from Ethiopia, following 30 years
    of civil war. The People's Front for Democracy and Justice (PFDJ),
    previously known as the Eritrean People's Liberation Front, is the sole
    political party and has controlled the country since 1991. The
    country's president, Isaias Afwerki, who heads the PFDJ and the armed
    forces, dominated the country. The Government continued to postpone
    general elections which have not taken place since independence in
    1993. The Government continued to use border disputes with Ethiopia and
    Djibouti as a pretext for curbing human right and civil liberties.
    Although civilian authorities generally maintained effective control of
    the security forces, consistent and systemic gross human rights
    violations persisted unabated at the Government's behest.
        Human rights abuses included abridgement of citizens' right to
    change their government through a democratic process; unlawful killings
    by security forces; torture and beating of prisoners, sometimes
    resulting in death; abuse and torture of national service evaders;
    harsh and life-threatening prison conditions; arbitrary arrest and
    detention, including of national service evaders and their family
    members; executive interference in the judiciary and the use of a
    special court system to limit due process; and infringement of privacy
    rights. National service obligations are effectively open-ended
    although the Government does not acknowledge this circumstance. There
    is no due process and persons remain in jail for years. The Government
    severely restricted freedoms of speech, press, assembly, association,
    and religion. The Government also limited freedom of movement and
    travel for all citizens, foreign residents, the UN, humanitarian and
    development agencies; it harassed and tightly controlled the movements
    of foreign diplomats. Foreign diplomats are required to apply for
    travel permits in writing 10 days in advance, even for consular
    emergencies, and travel permit applications were often not answered or
    refused. Restrictions continued on the activities of national and
    international nongovernmental organizations (INGOs). Female genital
    mutilation (FGM), although prevalent in rural areas, declined
    significantly in urban areas, according to trusted sources. Societal
    abuse and discrimination against women, members of the Kunama ethnic
    group, gays and lesbians, members of certain religious groups, persons
    with disabilities, and persons with HIV/AIDS remained areas of concern.
    There were limitations on worker rights, and the Government was party
    to forced labor on its citizenry. Children were engaged in forced
    labor.
                            respect for human rights
    Section 1. Respect for the Integrity of the Person, Including Freedom
            From:

        a. Arbitrary or Unlawful Deprivation of Life.--The Government
    continued to subject detainees to harsh and life threatening prison
    conditions, including torture, that resulted in deaths during the year.
    Additional deaths resulted from the Government's continued
    authorization of the use of lethal force against individuals resisting
    or attempting to flee military service or found in prohibited regions
    near the border or near mining camps.
        Several persons detained for evading national service reportedly
    died after receiving harsh treatment by security forces. There were
    reports that individuals were severely beaten and killed during
    roundups of young men and women for national service. There was a
    pattern of mistreating and hazing conscripts, a practice that sometimes
    resulted in deaths. However, no official cases were available for
    citation. The Government continued the practice of summary executions
    and shooting of individuals on sight near mining camps and border
    regions for allegedly attempting to flee military service, interfering
    with mining activities, or attempting to leave the country without an
    exit visa.
        During the year the UN Development Program (UNDP) sought, but did
    not receive, additional funding to continue its explosive ordinance
    disposal programs and mine risk education for school children and
    families in mine-impacted communities. The UNDP drew on its own funding
    to continue minimal programming in education and victims' assistance.
        In June an opposition Web site reported that Eritrean military
    forces executed12 persons as they were trying to cross the border to
    Sudan. The 12 individuals executed were from the village of Mai Temenay
    near Asmara.
        In its May report, INGO Reporters Without Borders, reported that
    approximately 30 journalists are currently held in the Government's 314
    prison camps and detention centers. At least four journalists died
    during the year as a result of medical neglect, food deprivation, and
    excessive heat; an unknown number of others have disappeared.
        In April, according to an opposition Web site, 24 persons were
    executed in the gold mining areas of Hademdem and Fankon in the Gash-
    Barka region. The executions were in retaliation for resistance to an
    unwarranted round up conducted by the Government to forcefully
    conscript workers into the army.
        In April, Eyob Bahta Habtemariam, a team leader at the Era-Ero
    prison, and formerly the Embatkala prison, fled the country.
    Habtemariam stated the Era-Ero prison housed 35 high-ranking government
    officials, journalists, and staff of international organizations
    including the G-15, a group of high-ranking political activists who
    regularly pushed President Isaias for democratic reform during the
    country's formative years. Of this group of 35, 15 have died due to
    torture and medical neglect, food deprivation, and excessive heat in
    the Era-Ero or Embatkala prisons. Of the remaining 20 prison inmates of
    the group still alive at the Era-Ero prison, nine have reportedly
    become disabled physically or mentally. There were only 11 remaining
    inmates of this group of 35 considered still to be ``aware of their
    situation'' and thus kept in handcuffs and leg chains 24 hours a day.
    The 20 prison inmates still alive only received one meal a day,
    consisting of bread, lentils, and tea, and Habtemariam reported they
    were all emaciated. Among the dead were the one-time Eritrean vice-
    president, Mahmoud Sherifo; General Ogbe Abraha; and five journalists.
    Haile Woldetensae, the former foreign minister, was still alive but
    alleged to have been blinded.
        Habtemariam reported the following deaths of political prisoners
    among the group of 35 high-ranking government officials and
    journalists.
        In June 2009 Germano Nati, former administrator of Southern Red Sea
    Region, died of unknown causes.
        In 2004 the former administrator of Sorona Subzone Tesfagiorgish
    and journalist Sied Abdelkadir committed suicide. Journalist Medhanie
    Haile died due to lack of medical treatment the same year.
        In 2003 journalist Yosuf Mohamed Ali, Aster Fessehasion, and former
    minister Salih Kekiya, all died during a three day period as a
    consequence of excessive heat in prison.
        In 2003 journalist Fessehaye Yohannes (Joshua) was found hanged in
    his cell after making several unsuccessful attempts to commit suicide.
    Minister Mahmoud Sherifo died due to lack of urgent medical treatment
    the same year.
        In 2002 General Okbe Abraha attempted suicide. However, the attempt
    failed, and he received medical treatment for three months in Glass, a
    military hospital, west of Keren. However, his health condition further
    deteriorated, worsened by asthma, and he died after his return to
    Embatkala prison.
        According to an August 2009 report from an opposition Web site,
    Berhanes Gebregzabhier, one of 11 members of the PFDJ National
    Assembly, who had been held in solitary confinement since 2001, was
    executed in 2002 based on the recommendation of Naizghi Kiflu, a former
    presidential advisor.
        During the year there were credible reports that at least five
    prisoners detained because of their religious affiliation died due to
    lack of medical treatment. The Government did not investigate or
    prosecute any reports of security force abuse.

        b. Disappearance.--Eritrean refugees and asylum seekers repatriated
    from other countries during the year reportedly disappeared and an
    unknown number of persons assumed to be in government detention have
    also disappeared. The Government does not provide information on
    disappearances, and does not regularly notify family members or respond
    to information requests regarding the status of persons in detention.
        In February, according to an opposition Web site, 12 of 67
    Eritreans deported from Libya disappeared. There were unconfirmed
    reports that nine of the deportees were detained incommunicado in
    Embatkala prison before its closure. Their names are: Zigta Tewelde,
    Asmelash Kidane, Captain Zeraburuk Tsehaye, Second Lieutenant Zewde
    Teferi, Yohannes Tekle, Ghebrekidan Tesema, Tilinte Estifanos Halefom,
    Nebyat Tesfay, and Tilinte Tesfagabre Mengstu. Additional unconfirmed
    reports state that Habte Semere and Yonas Ghebremichael, who worked for
    the President's Office before they left Eritrea, are being detained
    incommunicado in Ghedem prison near Massawa.
        During the year a number of imprisoned journalists disappeared,
    according to NGO Reporters Without Borders.
        In January 2009 the Government of Egypt refouled several hundred
    Eritrean refugees and asylum seekers, all of whom were returned to
    their families, according to the Government. Nevertheless, there were
    numerous reports from family members of missing individuals, mostly
    young men and women who had not completed national service.
        In 2008 approximately 1,200 Eritreans were repatriated from Egypt,
    many of whom remained missing at year's end. Similarly in 2008 German
    immigration authorities returned two Eritrean nationals, neither of
    whom had been seen since their arrival in Asmara.

        c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
    Punishment.--The law and unimplemented constitution prohibit torture.
    However, torture and beatings are institutionalized within prison and
    detention centers. There were credible reports that several military
    conscripts died following torture and beatings. Security forces
    tortured and beat army deserters, draft evaders, persons living near
    mining camps, persons attempting to flee the country without travel
    documents, and members of certain religious groups. Examples of torture
    and mistreatment include: prolonged sun exposure in temperatures of up
    to 120 degrees Fahrenheit; the binding of hands, elbows, and feet for
    extended periods of time; forcing inmates to walk barefoot on sharp
    objects; overcrowded conditions; extreme temperature fluctuations
    caused by confinement in crowded and unventilated metal shipping
    containers in the desert; extreme temperatures and lack of sanitation
    resulting from detention in crowded cement-lined underground pits
    without ventilation or sanitation; suspension from trees with arms tied
    behind back, a technique known as ``almaz'' (diamond); and being placed
    face down with hands tied to feet outside in the desert, a technique
    known as the ``helicopter,'' while pouring sugar on detainees to
    attract biting insects.
        The Government sanctioned these torture methods, and no known
    action was taken during the year to punish perpetrators of torture and
    abuse.
        According to international NGO Human Rights Watch, Eritrean female
    refugees reported in 2009 that female conscripts in national service
    were often raped by their supervisors, and there is no information to
    indicate increased protection of female conscripts during the year.
    There were also reports that military officials tortured foreign
    fishermen captured in Eritrean waters.

        Prison and Detention Center Conditions.--Prison conditions remained
    harsh and in some cases life threatening. Severe overcrowding was
    common. Some prisoners were shackled in unventilated holding cells for
    long periods of time in extreme heat, with outside temperatures
    reaching 120 degrees Fahrenheit, and died due to heat exhaustion in
    combination with other medical conditions. There were reports that
    prisoners were held in underground cells or in shipping containers with
    little or no ventilation in extreme temperatures. The shipping
    containers were reportedly not large enough to allow all of those
    incarcerated to lie down at the same time. Other prisoners were held in
    cement-lined underground bunkers with no ventilation. Up to 200
    prisoners were held in each bunker, and there are reports that
    prisoners lost consciousness from the extreme heat while in detention.
        The Government does not provide adequate provisions for basic and
    emergency medical care in prisons and detention centers, and detainees
    were known to have died due to lack of medical treatment during the
    year. Food provided was not adequate. Potable water was generally not
    available, and one detainee reported going without water for several
    days until providing money to purchase bottled water. In June and July
    2009, a meningitis outbreak created by unsanitary conditions in Wi'a
    prison caused the death of approximately 50 Christian prisoners from
    unregistered denominations who were detained for practicing their
    religion. The Wi'a prison closed during the year and surviving
    prisoners were relocated to the Metier prison; others were taken to the
    May Idaga prison outside of Dekemhare.
        There were numerous unofficial detention centers, most located in
    military camps and used as overflow detention centers following mass
    arrests and roundups. There were reports that detention center
    conditions for persons temporarily held for evading military service
    were also harsh and life threatening. During the year there were
    hundreds of such detainees. Draft evaders were reportedly sent to the
    Wi'a military camp where, typically, they were beaten. Some were held
    as long as two years before being reassigned to their units. At one
    detention facility outside Asmara, authorities continued to hold
    detainees in an underground hall with no access to light or ventilation
    and sometimes in very crowded conditions.
        Use of psychological torture was common, according to former
    inmates. One common technique was for the interrogator to open and
    close the door of the cell constantly, as if the prisoner were going to
    be taken for interrogation where beatings are administered. Denial of
    food, medical treatment, and family access were also used to punish
    prisoners. Some prisoners were released after close friends or
    relatives offered their homes or other property as bond.
        Deaths occurred in prisons and detention centers as a result of
    inadequate nutrition, disease, extreme temperature fluctuations, and
    denial of medical care. In August 2009 a meningitis outbreak at a
    prison in Massawa reportedly killed dozens of inmates.
        The Government did not provide current number of prisoners. The
    Government did not investigate and monitor prison and detention center
    conditions. It was known that there are more than 300 prisons and
    detention centers, which were filled to capacity. Prisoners and
    detainees did not have reasonable access to visitors and were not
    always permitted religious observance. Authorities did not permit
    prisoners and detainees to submit complaints to judicial authorities
    without censorship and to request investigation of credible allegations
    of inhumane conditions. Authorities did not investigate credible
    allegations of inhumane conditions and document the results of such
    investigations in a publicly accessible manner.
        Those imprisoned were often interrogated about religious
    affiliation and were asked to identify members of nonapproved religious
    groups, such as Jehovah's Witnesses.
        During the year the largest prison in Asmara, called Track B, was
    closed, and its prisoners were transferred to Adi Abieto prison and
    other detention centers outside Asmara, making even indirect monitoring
    by the international community impossible. During the year the
    Government did not permit the International Committee of the Red Cross
    (ICRC) or any local human rights organizations to monitor prison
    conditions. Since the shutdown of the repatriation program during 2009,
    the Government also denied the ICRC access to Ethiopian prisoners of
    war detained in the country.
        Ombudsmen cannot serve on behalf of prisoners to alleviate inhumane
    overcrowding. There are no provisions for addressing the status and
    circumstances of confinement of juvenile offenders, pretrial detention,
    or bail. Record keeping procedures are not transparent making it
    impossible to assure that prisoners do not serve beyond the maximum
    sentence for the charged offense, even if a specific charge is brought.
        Although there was a juvenile detention center in Asmara, juveniles
    frequently were held with adults in prisons and detention centers.
    Juveniles as young as 15 years old were tried as adults. Juveniles were
    sometimes imprisoned with their mothers and other detainees and not in
    juvenile detention centers. Pretrial detainees were not always
    separated from convicted prisoners.
        Authorities commonly moved prisoners to locations away from their
    families to make family visits impossible. In some circumstances,
    authorities permitted convicted criminals in prisons up to three visits
    per week by family members; however, this was only common for those who
    had relatives working within the Government. Persons detained,
    arrested, or convicted for reasons of national security or for evading
    national service were denied family visits.

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

        Role of the Police and Security Apparatus.--Police were officially
    responsible for maintaining internal security, and the army was
    responsible for external security; however, the Government called on
    the armed forces, the reserves, and demobilized soldiers to meet either
    domestic or external security requirements. Agents of the National
    Security Office, which reports to the Office of the President, were
    responsible for detaining persons suspected of threatening national
    security. The armed forces have the authority to arrest and detain
    civilians. Generally police did not have a role in cases involving
    national security, but they were heavily involved in rounding up
    individuals evading national service.
        During the year the police, armed forces, and internal security
    arrested and detained persons without due process and often used
    violence. Police forcibly arrested individuals on the street who were
    unable to present identification documents. Those in the Government
    national service were required to present ``movement papers'' issued by
    their offices or departments authorizing their presence in a particular
    location. Those persons who did not present ``movement papers'' were
    arrested.

        Arrest Procedures and Treatment While in Detention.--The law
    stipulates that detainees must be brought before a judge within 48
    hours of arrest and may not be held more than 28 days without being
    charged with a crime. In practice authorities detained suspects for
    much longer periods without being brought before a judge, charged with
    a crime, or in some cases even understanding the reason for their
    detention. Some detainees, who were not given a right to due process,
    were still in prison after a decade, and others have died while in
    detention. The Government has argued that those detained without charge
    can be assumed to be charged under national security grounds.
        There were credible repeated reports of the following detention
    practices and outcomes: release after providing proof of completion of
    national service requirements, release after being threatened with
    death for continued religious activity, release after being threatened
    with death for continued homosexuality activity, release after
    recanting of religious faith or declaring allegiance to the Eritrean
    Orthodox Church, release after paying a fine equivalent of hundreds or
    thousands of dollars or having another Eritrean put up their house as
    collateral, release after unpaid forced labor such as picking
    vegetables for several months, release just before imminent death
    caused by torture during detention, unconditional release, indefinite
    detention, inadequate provision of food, torture and confinement in
    crowded unsanitary conditions subject to extreme temperatures (see
    section 1.c.).
        The law stipulates that unless there is a ``crime in progress,''
    police must conduct an investigation and obtain a warrant prior to
    making an arrest. In cases involving national security, this process
    may be waived. In practice very few individuals were arrested with a
    warrant. Authorities did not promptly inform detainees of charges
    against them and often changed the charges during detention. Detainees
    in prisons often did not have access to counsel or appear before a
    judge.
        Incommunicado detention was widespread, although detainees in
    police stations occasionally had access to legal representation and
    family members. Authorities provided indigent detainees with counsel on
    an irregular basis. There was a functioning bail system, except for
    persons charged with national security crimes or crimes that could
    carry the death penalty.
        Security force personnel detained individuals for evading national
    service and for other unspecified national security charges. Numerous
    detainees were arrested, even if they had valid papers showing that
    they had completed or were exempt from national service. In practice
    most detainees were informally charged with issues relating to national
    service, effectively allowing authorities to incarcerate citizens
    indefinitely.
        Security forces also continued to detain and arrest the parents and
    spouses of individuals who evaded national service or fled the country
    (see section 1.f.).
        There were reports of mass arrests known as ``round-ups,'' in which
    citizens were held without charge indefinitely while authorities sorted
    out their military service paperwork in search of deserters and
    questioned them about their religious affiliation. These round-ups
    tended to coincide with Liberation Day (May 24) ceremonies, and harvest
    season when many of those detained were used as free manual labor and
    are forced to pick vegetables for several months on government
    controlled farms.
        The Government does not recognize dual nationality and, during the
    year, security forces arbitrarily arrested citizens holding other
    nationalities on national security charges. There were reports that
    plainclothes agents of the National Security Office entered homes
    without warrants and arrested occupants.
        Numerous reports also indicated that persons with connections to
    high-level officials instigated the arrest of individuals with whom
    they had personal vendettas. In many instances, these individuals were
    never formally charged.
        The Government continued to arbitrarily arrest members of
    nonregistered religious groups and persons who criticized the
    Government (see sections 2.a. and 2.c.). There were reports that the
    Government continued to hold without charge and sometimes torture 2,000
    to 3,000 members of unregistered religious groups and numerous members
    of the Eritrean Liberation Front, an armed opposition group that fought
    against Ethiopia during the struggle for independence.
        At least four Eritrean diplomats arrested in previous years,
    including former ambassador to China Ermias Debassai Papayo, remained
    in detention, as did Aster Yohannes, wife of former foreign minister
    Petros Solomon. Hundreds of staff of embassies and international
    organizations have been temporarily detained and interrogated since
    2001, and several remained in detention at year's end.
        The Government held numerous other detainees without charge or due
    process, including an unknown number of NGO employees detained in a
    2008 round-up (see section 5). The detainees included an unknown number
    of persons suspected of antigovernment speech or of association with
    the 11 former PFDJ members arrested in 2001. Suspected Islamic radicals
    or suspected terrorists also remained in detention without charge. Some
    had been detained for more than 10 years. These detainees reportedly
    did not have access to legal counsel and were not brought before a
    judge. During the year the deposed Orthodox patriarch remained under
    house arrest (see section 2.c.). There were also widespread reports
    that many detainees were released without going to trial.

        e. Denial of Fair Public Trial.--The law and unimplemented
    constitution provide for an independent judiciary; however, in practice
    the judiciary was impotent. Judicial corruption remained a problem. The
    judicial process was influenced by patronage of former fighters who
    later became judges. Executive control of the judiciary continued; the
    Office of the President served as a clearinghouse for citizens'
    petitions to the courts or acted for the courts as arbitrators or
    facilitators in civil matters. The judiciary suffered from a lack of
    trained personnel, inadequate funding, and poor infrastructure that
    limited the ability of the accused persons to a speedy and fair trial.
    Public trials were held for some detainees facing criminal charges.
    However, no cases involving individuals detained for national security
    or political reasons were brought to trial, and the fate of these
    detainees remains unknown. The drafting into national service of many
    civilian court administrators, defendants, judges, lawyers, and others
    involved in the legal system continued to have a significant negative
    effect on the judiciary. While not prohibited, the Government has in
    practice not issued licenses to lawyers seeking to enter private
    practice for the past four years.
        The text of the constitution was completed and ratified by the
    National Assembly in 1997. It contains provisions intended to promote
    fair trials; however, the constitution remains unimplemented.
        The judicial system consists of civil courts and ``special
    courts.'' The civil court system includes community courts, regional
    courts, and the High Court, which also serves as an appellate court.
    Minor infractions involving sums of less than approximately 110,000
    nakfa ($7,300) are brought to community courts. The regional court is
    generally the court of the first instance and has civil, criminal, and
    Sharia (Islamic law) benches. The Sharia bench adjudicates family law
    for Muslims only. Decisions rendered by any of the benches at the
    regional court can be appealed to the High Court. The High Court is
    primarily an appellate court but also serves as the court of first
    instance for cases involving murder, rape, and other serious felonies.
    The High Court has civil, criminal, and Sharia benches. There also is a
    five-judge bench that hears final appeals in lieu of a Supreme Court.
        The executive-controlled special courts issue directives to other
    courts regarding administrative matters, although their domain was
    supposed to be restricted to criminal cases involving capital offenses,
    theft, embezzlement, and corruption. The Office of the Attorney General
    decides which cases are to be tried by a special court. No lawyers
    practice in the special courts. The judges serve as the prosecutors and
    may request that individuals involved in the cases present their
    positions. The special courts, which do not permit defense counsel or
    the right of appeal, allowed the executive branch to mete out
    punishment without regard for due process. Most trials in special
    courts were not open to the public.
        Many civilian and special court judges are former senior military
    officers with no formal legal training. They generally based their
    decisions on ``conscience'' without reference to the law. There was no
    limitation on punishment, although the special courts were not known to
    have issued capital punishment sentences during the year. The attorney
    general allowed special courts to retry civilian court cases, including
    those decided by the High Court, thereby subjecting defendants to
    double jeopardy. In rare instances, appeals made to the Office of the
    President reportedly resulted in special courts rehearing certain
    cases.
        Most citizens' only contact with the legal system was with the
    traditional community courts. In these courts, judges heard civil
    cases, while magistrates versed in criminal law heard criminal cases.
    Customary tribunals were sometimes used to adjudicate local civil and
    criminal cases. The Ministry of Justice offered training in alternative
    dispute resolution to handle some civil and criminal cases.
        The military court has jurisdiction over penal cases brought
    against members of the armed forces in addition to crimes committed by
    and against members of the armed forces. Presiding judges are senior
    military officers, and the court has higher and lower levels, depending
    on the seriousness of the offense. With approximately 200,000 enlisted
    personnel in the armed forces, the military courts have a significant
    and unregulated importance in the country.
        Sharia for family and succession cases may be applied when both
    litigants in civil cases are Muslims. The Government allowed Muslim
    courts to apply Sharia law, but not in any cases where physical
    punishment was envisioned.

        Trial Procedures.--The law and unimplemented constitution provide
    specific rights to defendants in the regular court system. Defendants
    have the right to be present and to consult with an attorney; however,
    many defendants lacked the resources to retain a lawyer, and government
    legal aid was limited to defendants accused of serious crimes
    punishable by more than 10 years in prison. Only in the High Court did
    defendants have the right to confront and question witnesses, present
    their own witnesses, present evidence, gain access to government-held
    evidence, appeal a decision, and enjoy the presumption of innocence;
    these rights were upheld in practice. However, the High Court
    adjudicated very few cases, trials were generally closed to the public,
    and the attorney general allowed High Court cases to be retried in
    special courts where defendants have none of the above rights in
    practice.
        Rural courts followed customary law rather than constitutional law
    and were headed by rural elders or elected officials. Smaller cases in
    rural areas were encouraged to be reconciled outside the court system,
    while more substantial cases were reserved for the courts. These
    procedures did not apply in the special courts. Trials in rural courts
    were open to the public but were not heard by a jury; they were heard
    by a panel of judges.

        Political Prisoners and Detainees.--Persons are routinely arrested
    on political grounds, and there was lack of due process and lack of
    transparency surrounding the penal system. The most famous politically
    motivated mass arrest occurred when several hundred individuals were
    detained in 2001. Many were perceived to have ties to political
    dissidents or were believed to have spoken against government actions.
    These detainees have not been tried and did not have access to legal
    counsel. Several have been tortured to death and others are still in
    Era-Ero prison. The ICRC was not authorized to visit these detainees
    (see section 1.a.).

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

        f. Arbitrary Interference With Privacy, Family, Home, or
    Correspondence.--The law and unimplemented constitution prohibit
    arbitrary interference with privacy, family, home, or correspondence;
    however, the Government did not respect these rights in practice.
        The Government deployed military and police personnel throughout
    the country, using roadblocks, street sweeps, and house-to-house
    searches to find deserters and draft evaders. Security forces continued
    to detain and arrest parents and other family members of individuals
    who evaded national service duties or fled the country. There were
    reports that such parents were either fined 50,000 nakfa ($3,333) or
    forced to surrender their children to the Government. Government
    officials entered households and confiscated property and livestock of
    draft evaders. There is a sophisticated network of security officials
    who accept bribes to aid draft evaders in crossing the border.
        There were reports of security forces arresting persons whose
    foreign family members did not pay their extraterritorial income tax of
    2 percent of foreign earned income.
        There were reports that security forces targeted gatherings of
    unregistered religious groups, regularly searched their homes, and
    detained their members. There were also reports that the Government
    sometimes seized the property of registered and unregistered religious
    groups (see section 2.c.).
        The Government monitored mail, e-mail, text messages, and telephone
    calls without obtaining warrants as required by law. Government
    informers were believed to be present throughout the country. Many
    citizens believed the Government particularly monitored cell phones;
    the Government requires a permit for the use of SIM cards, necessary
    for operating and storing information in mobile phones. The Government
    allowed only one SIM card per person, although this rule is unevenly
    applied, and there is a black market for the sharing of SIM cards. The
    Government did not allow citizens in military service to have SIM
    cards. There were reports of the Government arresting those who rented
    their cell phones to others or used a cell phone while in military
    service.
        There were multiple reports that military and government officials
    seized residences and businesses belonging to private citizens and
    religious organizations and subsequently housed the families of senior
    military officers or government officials in the properties, used them
    for government or military functions, or reassigned ownership to
    government and military officials. There were also reports that
    military officials used soldiers in national service to perform free
    labor such as construction of houses and crop harvesting.
        In 2008 the Government demanded that departing NGOs transfer
    financial and reporting documents to government officials. While
    membership in the PFDJ, the only sanctioned political party, was not
    mandatory for all citizens, the Government coerced membership for
    certain categories of individuals, particularly those occupying
    government positions or assigned through national service to serve in
    government institutions. All citizens were forced to attend PFDJ
    indoctrination meetings irrespective of membership, and there were
    reports of threats to withhold the ration cards of those who did not
    attend. There were reports that similar meetings were mandatory for
    Eritrean communities abroad, and the names of those not attending were
    reported to government officials. Reportedly citizens who did not
    attend were harassed. Officials also collected biographical and contact
    information on Eritrean residents living abroad.
        It is reported that Eritrean military officials or proxies use
    access to persons in refugee communities to threaten them against
    becoming politically active in Eritrean politics in neighboring
    countries such as Kenya and Sudan, without permission of the respective
    governments.
    Section 2. Respect for Civil Liberties, Including:

        a. Freedom of Speech and Press.--The law and unimplemented
    constitution provide for freedom of speech and of the press; however,
    the Government severely restricted these rights in practice. Citizens
    did not have the right to criticize their government in public or in
    private, and some who did were arrested or detained. The private press
    remained banned, and most independent journalists remained in detention
    or had fled the country during the year, which effectively prevented
    any public and media criticism of the Government. All journalists
    practiced self-censorship due to fear of government reprisal. The
    Government actively monitored the Eritrean Diaspora within the country
    and abroad via agents.
        The Government attempted to impede criticism and took reprisals
    against persons who criticized government officials or policies. Public
    criticism about the Government's inability to combat poverty and
    starvation was prohibited. Gatherings were considered illegal without
    prior approval, and the Government routinely monitored religious
    gatherings. Most other gatherings took place through government-run
    organizations and, thereby, were implicitly monitored by government
    officials present.
        The Government also continued to forbid free speech. In a February
    2009 interview with news agency Al Jazeera, President Isaias stated
    that he would not allow independent media to operate in Eritrea. In an
    interview in October with a Qatari reporter for Al Watan newspaper, the
    president did not indicate any change in stance with regard to issues
    related to press freedom.
        The Government controlled all media, which included three
    newspapers, three radio stations, and two television stations. The law
    does not allow private ownership of broadcast or other media. The
    Government banned the import of foreign publications without prior
    approval; however, satellite dishes were widespread and allowed by the
    Government, and subscriptions to international media were allowed.
    Those who could afford to purchase satellite dishes have access to
    uncensored international news including the BBC, CNN, and Al Jazeera.
    The Government mandated approval of publications distributed by
    religious or international organizations before their release, and the
    Government continued to restrict the right of religious media to
    comment on politics or government policies. The press law forbids
    reprinting of articles from banned publications.
        The only foreign news organization operating, the VOA, has only one
    heavily censored stringer who does not permanently reside in the
    country. The last Reuters correspondent left the country in 2009. In
    2008 the Government created administrative obstacles for the Agence-
    France Presse (AFP) international journalist resulting in his forced
    departure. AFP has not been allowed to return to the country. President
    Isaias occasionally conducted interviews with foreign news agencies
    invited specifically for the interview.
        Dawit Isaak, a Swedish-Eritrean reporter, has been held by the
    Government for nearly nine years without charge. He was released for
    medical treatment in 2005, detained again a few days later, and
    remained in detention at year's end. The Swedish Embassy has not been
    granted consular access. In a May 29 televised interview, the president
    stated he had no intention of releasing the journalist or providing him
    with a trial. At year's end, the Government had not responded to the
    Swedish government's calls for the journalist's release. In August
    Yemane Ghebreab, head of Political Affairs for the PFDJ, traveled to
    Sweden and was questioned about the imprisonment of Dawit Isaak. Yemane
    replied only that Dawit was being held for ``very serious crimes
    regarding Eritrea's national security and survival as an independent
    state,'' without providing any evidence or allowing for the possibility
    for due process. Dawit was believed to be in poor health.
        After they fled the country during the 2001 crackdown, the
    journalists founded several radio stations from exile. For example,
    Radio Assenna and Radio Erena were founded in Europe by former
    journalists in Eritrea including Amanuel Ghirmai, Biniam Simon, and
    Emanuel Iyassu.
        In March an opposition Web site reported that Said Abdulhai, a
    well-known Eritrean journalist and official, was arrested for unknown
    reasons. Said Abdulhai was formerly head of the press department of the
    Ministry of Information and responsible for the state newspaper. The
    Eritrean news agency, which is the main source for local news in the
    country, was also run by him.
        According to a February report by Reporters Without Borders,
    Amanuel Asrat, the former editor of Zemen (a private newspaper no
    longer in existence), was arrested in 2001 and held in Era-Ero prison
    camp (cell No. 25) along with freelance journalist Seyoum Tsehaye (cell
    No. 10) and Dawit Habtemichael, deputy editor and cofounder of Meqaleh
    (cell No. 12). Although libel or national security laws were not used
    to suppress criticism directly, citizens remained fearful of speaking
    out against the Government or its policies. The Government repeatedly
    asserted that national security concerns were at the root of
    suppressing free speech and criticism.
        In February 2009 the Government detained the entire staff of
    Asmara-based Radio Bana according to a February report by Reporters
    Without Borders. The group of detained journalists included Yirgalem
    Fisseha Mebrahtu, who was one of the few women working as a journalist
    in Eritrea; Bereket Misghina; and Meles Negusse Kifu. The whereabouts
    of these prisoners was unknown; at year's end, they were assumed to
    remain in detention.

        Internet Freedom.--There were no official restrictions on the use
    of the Internet; however, the Government monitored Internet
    communications.
        The Government monitored e-mail without obtaining warrants as
    required by law (see section 2.a.). All Internet service users were
    required to use one of the three Internet service providers owned by
    the Government either directly or through high-ranking PFDJ party
    members. Those who want a larger bandwidth, such as some international
    mining corporations, pay exorbitant prices far beyond the reach of the
    local population for DSL speed Internet connections. In rural areas of
    the country, there was no access to the Internet.
        The Government also discouraged citizens from viewing Web sites
    known to be antigovernment by continuously labeling the sites and their
    developers as saboteurs of the Government. Many citizens expressed fear
    of arrest if the Government caught them viewing such sites. Despite the
    requirement for journalists to receive written permission to take
    photographs, gatherings are regularly photographed by government
    officials for intimidation and as possible grounds for future
    detention.
        According to International Telecommunication Union statistics for
    2009, approximately 4 percent of the country's inhabitants used the
    Internet. While monitored Internet cafes with extremely limited
    bandwidth are available in Asmara and other major cities, the vast
    majority of Eritreans do not have access to the Internet.

        Academic Freedom and Cultural Events.--The Government restricted
    academic freedom, including restricting or censoring course content and
    curriculum and censuring or sanctioning academic personnel for their
    teachings, writing and research. Academic travel and contact with other
    academics at home and abroad was restricted, intimidating academics
    into practicing self-censorship, and influencing academic appointments
    based on political affiliation.
        The Government practices widespread and systematic discrimination
    in the education system. In order to enroll students in more selective
    elementary and primary schools, parents often paid bribes or provided
    favors to local authorities or staff at the school.
        During the year there have been reports that schools have separated
    students whose families include liberation ``fighters'' and students
    whose families do not include ``fighters.'' Students whose families
    include liberation fighters are sometimes only required to serve five
    months or less in the military and are often assigned to prized places
    in technical colleges, freeing them of indefinite military service.
    Students whose families do not include a liberation fighter often serve
    indefinite military service with no opportunity for higher education.
        In 2002 the Government reorganized the University of Asmara, which
    effectively shut the traditional undergraduate level programs
    nationwide. As a result, prospective students were not allowed to
    enroll in the university and were directed instead by the Government to
    attend technical institutes. With few exceptions, students must finish
    their last high school year at the Sawa military and educational camp
    and were not permitted to choose their next course of study, instead
    being assigned to specific vocational programs based on their
    performance on the matriculation exam. Only those students who
    completed military training at Sawa or received a medical waiver were
    allowed to take the exam.
        The Government denied exit visas to many students who wanted to
    study abroad. University academics who wished to travel abroad for
    further study or training were required to seek permission in advance
    from the university president and the Government. Many students choose
    to risk their lives by illegally crossing the border into Sudan or
    Ethiopia to attend university abroad eventually.
        During the year the Government censored, canceled, or closed films,
    art exhibits, and other cultural activities. For example, the
    Government routinely monitored libraries and cultural centers
    maintained by foreign embassies, threatening censure of material and,
    in some instances, intimidating and harassing employees and attendees.

        b. Freedom of Peaceful Assembly and Association.--Freedom of
    Peaceful Assembly.--The law and unimplemented constitution provide for
    freedom of assembly and association; however, the Government did not
    permit either. For public gatherings, the Government required those
    assembling to obtain a permit, although this requirement was enforced
    sporadically.
        During the year security forces disrupted public meetings,
    religious gatherings, and cultural gatherings. Security forces
    typically took photographs and recorded the names of participants and
    interrogated participants upon arrival and departure.

        Freedom of Association.--The law and unimplemented constitution
    provide for freedom of association; however, the Government did not
    respect these rights.
        The Government did not allow the formation of any political parties
    other than the PFDJ. It also prohibited the formation of any
    associations or private organizations (see section 3).

        c. Freedom of Religion.--For a complete description of the
    religious freedom, please see the 2010 International Religious Freedom
    Report at www.state.gov/g/drl/rls/irf/rpt.

        d. Freedom of Movement, Internally Displaced Persons, Protection of
    Refugees, and Stateless Persons.--The law and unimplemented
    constitution provide for freedom of movement, foreign travel,
    emigration, and repatriation; however, the Government restricted all of
    these rights in practice. The Government cooperated with the Office of
    the UN High Commissioner for Refugees (UNHCR) in assisting refugees who
    were not from Ethiopia. The Government also cooperated in part with the
    UNHCR to provide protection and assistance to some refugees. The
    Government's Office of Refugee Affairs managed the refugee camps,
    providing hospitals, schools, and other resources. The Government did
    not recognize Ethiopians as refugees and did not cooperate with the
    UNHCR on their behalf.
        Citizens required government permission for most travel within the
    country and to change their places of residence. The Government
    severely restricts travel to the border regions and does not even offer
    bus services to towns near the border. The Government continually
    modified its requirements to obtain passports and exit visas, sometimes
    suspending passport or exit visa services without prior warning. During
    the year the Government introduced a new, machine-readable passport at
    a cost of 4,000 nakfa ($267) valid for two years. It costs a citizen in
    national service approximately 40 percent of his gross yearly salary
    just to maintain a valid passport. The prohibitive cost of the passport
    deters many citizens from foreign travel.
        Citizens participating in national service were often denied
    internal travel permits, passports, and exit visas. Many persons who
    previously were issued passports were not allowed to renew them, nor
    were they granted exit visas. Military police periodically set up
    surprise checkpoints in Asmara and on roads between cities to find
    draft evaders and deserters. Police also stopped persons on the street
    and detained those who were unable to present identification documents
    or movement papers showing they had permission to be in that area.
        Citizens and some foreign nationals were required to obtain exit
    visas to depart the country. Persons routinely denied exit visas
    included men under the age of 54, regardless of whether they had
    completed national service; women under the age of 47; members of
    Jehovah's Witnesses and unregistered religious groups; persons who had
    not completed national service; and other persons out of favor with, or
    seen as critical of, the Government. In 2006 the Government began
    refusing to issue exit visas to children 11 years old and older. During
    the year some children as young as five years of age were denied exit
    visas either on the grounds that they were approaching the age of
    eligibility for national service or because their foreign-based parents
    had not paid the 2 percent income tax required of all citizens residing
    abroad. The Government did not in general grant exit visas to entire
    families or the male and female parents of children simultaneously in
    order to prevent families from fleeing the country. Some citizens were
    given exit visas only after posting bonds of approximately 150,000
    nakfa ($10,000). Exit visa policies are frequently adjusted in
    nontransparent ways to specifically benefit the relatives of high-
    ranking government officials, such as the unannounced posting of public
    notices in locations that the public cannot access.
        Travel restrictions imposed in 2006 on noncitizens remained in
    effect. All diplomats, humanitarian organizations, UN staff, and
    foreign tourists were required to obtain advance permission from the
    Government to leave Asmara. Travel restrictions were enforced at
    military checkpoints. Securing travel permission was not a transparent
    process. While some foreign nationals obtained permission to travel to
    certain locations, the Government refused to issue travel permits to
    others traveling to the same place. The Government often failed to
    respond to requests for travel authorization.
        The Government prevented NGO travel by restricting fuel supplies
    and failing to respond to requests for travel permits (see section 5).
        The law has no provisions concerning exile, and there is no
    confirmed report of the Government employing exile during the year.
        The Government does not recognize dual citizenship; therefore, all
    persons of Eritrean descent are considered citizens. In general
    citizens had the right to return. However, citizens residing abroad had
    to show proof that they paid the 2 percent tax on foreign earned income
    to be eligible for some government services, including exit visas upon
    their departure from the country. Applications to return to the country
    filed by citizens living abroad were considered on a case-by-case basis
    if the applicant had broken the law, contracted a serious contagious
    disease, or was declared ineligible for political asylum by other
    governments. Citizens of foreign countries were regularly detained and
    harassed by government officials.
        In August 2009 the Government halted its repatriation program with
    the ICRC, preventing the repatriation of thousands of Ethiopians.

        Internally Displaced Persons (IDPs).--During 2008 almost all of the
    internally displaced persons (IDPs) from the conflict with Ethiopia
    were permanently resettled, although hundreds of IDP families remained
    in the Gash Baraka region. The Government allowed UN organizations and
    the ICRC to provide assistance to former IDPs.

        Protection of Refugees.--The country is not a party to the 1951
    Convention relating to the Status of Refugees and its 1967 Protocol,
    and is not a party to the 1969 African Union Convention Governing the
    Specific Aspects of the Refugee Problem in Africa. As a result, the
    Government cannot provide legal refugee or asylum status. However, in
    practice the Government provided protection against the expulsion or
    return of refugees to countries where their lives or freedom would be
    threatened on account of their race, religion, nationality, membership
    in a particular social group, or political opinion. During the year the
    Government provided temporary protection to approximately 95 persons
    from Sudan, 4,500 persons from Somalia, and 73 persons from Ethiopia on
    a prima facie basis. Reports indicated that the Government provided
    resources to Ethiopian refugees only if the refugees joined Ethiopian
    opposition groups. Ethiopian refugees who did not join opposition
    groups were harassed by government officials.
        The Government required noncitizens to pay an annual fee for a
    residency card; there was no discrimination regarding nationality in
    terms of protection of refugees, with the exception of Ethiopians. The
    fee was 500 nakfa ($34); the card was used to demonstrate that a
    foreigner was not indigent. If the foreigner could not pay the fee, he
    was first referred to the ICRC for repatriation. If he refused
    repatriation, he was incarcerated for 60 days, at which point the cycle
    began again.
        The Government systematically rounded up Ethiopians each year
    around the country's Liberation Day (May 24). The Ethiopians were held
    in a camp until authorities verified that they were not indigent, or
    paid a fine.
    Section 3. Respect for Political Rights: The Right of Citizens to
            Change Their Government
        The law and unimplemented constitution provide citizens with the
    right to change their government peacefully; however, citizens were not
    allowed to exercise this right in practice.

        Elections and Political Participation.--The Government came to
    power in a 1993 popular referendum in which voters chose to have an
    independent country managed by a transitional government; however, the
    transitional government did not permit the formation of a democratic
    system. The Government twice scheduled elections in accordance with the
    constitution but cancelled them without explanation. An official
    declaration in 2003 claimed that, ``in accordance with the prevailing
    wish of the people, it is not the time to establish political parties,
    and discussion of the establishment has been postponed.'' Government
    officials also stated that implementation of the constitution was not
    possible until the border demarcation with Ethiopia was finalized. In
    2008 the president claimed in an al-Jazeera interview that elections
    might not take place for another 30 or 40 years. The country is a one-
    party state. Power rested with the PFDJ and its institutions. At times
    the Government coerced membership in the PFDJ.
        Although no political parties operated in the country, citizens
    living abroad established several political parties and even a shadow
    government in Ethiopia. During the year the Government continued to
    label individuals as traitors, rapists, pedophiles, and traffickers if
    they created or participated in the political parties other than the
    PFDJ.
        Women held four nominal ministerial positions in the Government:
    justice, labor and human welfare, tourism, and health. Women also
    served in other government positions, such as mayors and regional
    administrators.
        A few members of ethnic minorities were on the PFDJ's Executive
    Council or served on the Central Council. Some senior government and
    party officials were members of minority groups such as the Tigre.
    Section 4. Official Corruption and Government Transparency
        During the year there have been reports that citizens seeking
    executive, legislative, and or judicial services must pay a ``gift'' or
    bribe through a system of patronage and cronyism to access services.
    The law does not provide criminal penalties for official corruption.
    However, the Government arrested individuals it unofficially charged
    with corruption based on political motivations. Those arrested under
    these charges were never tried in court.
        There were reports of petty corruption within the executive branch,
    largely based on family connections. Judicial corruption was also a
    problem, and illegal acts such as property theft were not prosecuted
    when carried out by certain armed forces officials or former fighters
    from the independence struggle who are in favor with the Government.
    There were allegations of corruption among armed forces leaders
    involving illicit trade, the appropriation of houses, and the black
    market sale of goods such as diesel fuel and cement. Corruption was
    extensive in the passport office, and individuals requesting exit visas
    or passports often had to pay bribes.
        Police, who often were conscripted, were paid 15 nakfa
    (approximately one dollar per day) and corruption was a problem. During
    the year there were reports of police and other security forces
    committing crimes to supplement their income, including breaking into
    homes to confiscate jewelry, money, and food. Police typically used
    their influence as government officials to assist friends and family,
    such as in facilitating family members' release from prison. There were
    reports that police demanded bribes to release detainees and that
    military forces accepted money to smuggle citizens from the country.
    There were no mechanisms to address allegations of official abuse, and
    impunity was a problem.
        Public officials were not subject to financial disclosure laws, and
    there was no government agency responsible for combating government
    corruption. Corruption was extensive for government services involving
    identification and travel documents.
        During the year the Government seized successful private companies
    and transferred them to the PFDJ or to the Government. Individuals were
    not compensated for these seizures. Unlike the previous year, the
    Government did not seize crops and other foodstuffs from individuals
    and transfer them to the ruling party. The Government provided
    privileges to former liberation ``fighters'' and their relatives by
    granting them access to business opportunities, trade imports,
    education privileges, and property expropriated from ``nonfighters.''
        Although the law and unimplemented constitution provide for public
    access to government information, the Government did not provide
    information to either citizens or noncitizens.
    Section 5. Governmental Attitude Regarding International and
            Nongovernmental Investigation of Alleged Violations of Human
            Rights
        No domestic human rights groups and only six international
    humanitarian NGOs (Oxfam, Lutheran World Federation, Irish Self-Help,
    Gruppo Missione Asmara of Italy, Refugee Trust International, and
    Norwegian Church Aid) operated in the country; the Government
    interfered with and restricted their work. Catholic Relief Services
    closed during the year due to government restrictions on international
    staff obtaining visas and other restrictions on travel and activities.
        The Government allowed two ruling party-aligned domestic rights
    NGOs, Toker International and Vision Eritrea, to operate. All NGOs were
    required to register with the Ministry of Labor and Human Welfare, but
    international NGOs were required to maintain 30 million nakfa (two
    million dollars) in a government controlled bank.
        In previous years, the Government permitted only the ICRC to
    operate effectively, although it limited ICRC operations to
    repatriation, providing shelter to families displaced by the conflict
    with Ethiopia, visiting prisons and detention centers where Ethiopians
    were held, and providing assistance to IDPs.
        There were no developments on the dozens of NGO employees seized
    and detained by the Government during 2008 raids on NGO compounds; they
    remained in detention during the year.
        During the year regular fuel shortages caused by government
    rationing of fuel, coupled with limitations on freedom of movement,
    prevented travel by NGOs. In 2008 the Government restricted diesel fuel
    supplies for international NGOs, UN agencies, and the ICRC. These
    organizations were able to purchase unrationed gasoline at the market
    price. However, these restrictions made it increasingly difficult for
    NGOs, the UN, and the ICRC to visit project sites, implement new
    projects, or carry out resettlements. At year's end, the NGOs continued
    to be denied rationed fuel.
        The Government did not permit humanitarian food distribution by
    NGOs or by the World Food Program (WFP), although it allowed UNICEF to
    continue its supplemental feeding programs under the supervision of the
    Ministry of Health. By requiring NGOs and UN organizations to obtain
    permission to travel outside the capital, the Government effectively
    controlled access by relief organizations to the rural areas. UNICEF
    continued to support school feeding programs under the supervision of
    the Ministry of Health. The WFP maintained an office but did not have
    any programs operating in country. Several UN organizations and NGOs
    cited high levels of malnutrition as a concern which could not be
    adequately addressed with the current limited feeding programs.
    Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
        The law and unimplemented constitution prohibit discrimination
    against women, persons with disabilities, and discrimination based on
    race, language, and social status, but the Government did not enforce
    these provisions.

        Women.--Rape is a crime punishable by up to 10 years imprisonment.
    Gang rape, rape of a minor, or an invalid is punishable by up to 15
    years in prison. Sexual assault is punishable by six months to eight
    years in prison. Spousal rape is not categorically outlawed. No
    information was available on the prevalence of rape. Authorities often
    responded to reports of rape by encouraging the perpetrator to marry
    the victim. Allegations of women being raped while attending mandatory
    military and educational training at the Sawa camp were common.
        Violence against women occurred and was pervasive in rural areas.
    Domestic violence is a crime; however, domestic violence cases were
    rarely brought to trial, and there were no legal penalties enshrined
    into law. Women seldom openly discussed domestic violence because of
    societal pressures. Such incidents were more commonly addressed, if at
    all, within families or by clergy. The authorities' response to
    domestic violence was hindered by a lack of trained personnel,
    inadequate funding, and unsupportive societal attitudes.
        Sexual harassment is illegal; however, cultural norms prevented
    women from reporting such incidents, and no one was charged or
    prosecuted for sexual harassment.
        Couples and individuals maintained the basic right to decide freely
    and responsibly the number, spacing, and timing of their children, and
    to have the information and means to do so free from discrimination,
    coercion, and violence.
        Women have a legal right to equal educational opportunities, equal
    pay for equal work, and equal property rights; however, in practice men
    retained privileged access to education, employment, and control of
    economic resources, particularly in rural areas. Women generally did
    not enjoy a social status equal to men.
        The law requires that all Eritreans participate in national service
    beginning at the age of 18. In practice, however, some Eritreans are
    only 17 years old when they go to Sawa where they have six months of
    military training in addition to their normal grade 12 academic year.
    The law requires that women, starting from grade 12, participate in
    national service. During the year the Government continued efforts to
    detain female draft evaders and deserters. According to reports, some
    women drafted for national service were subjected to sexual harassment
    and abuse.
        The Ministry of Labor and Human Welfare and Ministry of Health were
    the primary government offices responsible for ensuring legal rights of
    women along with the quasi-governmental National Union of Eritrean
    Women (NUEW). Economic discrimination against women was not a problem,
    despite the social discrepancies.

        Children.--Citizenship was derived from at least one parent being
    an Eritrean citizen. Persons born abroad to at least one Eritrean
    parent are considered citizens. There were instances of persons being
    born to Eritrean parents in country but not being able to obtain
    national identity cards and government services due to government
    discrimination. For example, members of certain religious groups were
    unable to obtain Eritrean identity cards for government services and as
    evidence of their citizenship due to their religious beliefs.
        Education through grade seven is compulsory and tuition is free;
    however, students were responsible for uniforms, supplies, and
    transportation, which were prohibitively expensive for many families.
    Education above grade seven required a nominal fee and was not
    compulsory. There was a shortage of schools and teachers at all levels,
    remedied in part by holding morning and afternoon shifts at schools. In
    rural areas, young girls usually left school early to work at home.
        The Government required all students who reached the final year of
    secondary school to attend grade 12 at the Sawa military and
    educational camp in the western section of the country. Students who
    did not attend this final year did not graduate and could not take
    examinations that determined eligibility for advanced education. The
    remote location of this military boarding school, security concerns,
    fear of abuse, and societal attitudes reportedly resulted in many
    female students not enrolling for their final year and attempting to
    leave the country. However, women could earn an alternative secondary
    school certificate by attending night school after completing national
    service. Many students elected to repeat grades or dropped out of high
    school after the 11th grade to avoid forced conscription into the Sawa
    military education. There were reports of discrimination between
    students whose parents were liberation fighters and students whose
    parents were not fighters in the form of better living accommodations,
    shorter terms of national service, more frequent approvals for
    temporary leave from military training, and greater opportunities for
    study.
        There are no laws against child abuse and no government programs to
    combat the problem. Physical punishment was widespread and socially
    accepted.
        According to reliable sources, the practice of FGM has been largely
    eliminated in urban areas through the efforts of government educational
    campaigns to discourage its practice, but FGM continued in remote
    villages and among nomadic populations. The Government did not release
    official figures estimating the current rate of FGM, but before recent
    campaigns largely eliminated FGM in urban areas, international
    organizations reported that 95 percent of girls had undergone FGM, and
    these figures are likely still accurate in rural regions with limited
    government interaction. In the lowlands, infibulation--the most severe
    form of FGM--was practiced. In 2007 the Government issued a
    proclamation declaring FGM a crime and prohibited its practice. The
    Government and other organizations, including the NUEW and the National
    Union of Eritrean Youth and Students, sponsored a variety of education
    programs during the year that discouraged the practice.
        The legal minimum age for marriage for both men and women is 18
    years old, although religious entities may bless marriages at younger
    ages. UNICEF reported in 2009 that 46 percent of girls were married
    before 18 years of age in 2009.
        There were no confirmed instances of children engaged in
    prostitution for survival with or without third party involvement, but
    there are several known locations in the capital of Asmara where
    prostitution takes place. The law criminalizes child prostitution,
    pornography, and sexual exploitation; however, there were reports that
    it increasingly occurred during the year as economic conditions
    worsened.
        All students spend their final year of high school at the Sawa
    military and educational camp in Sawa. Attendance at Sawa was
    compulsory, and those who did not attend remain at risk of arrest.
    Students at Sawa were typically 18 years old or older, although a fair
    percentage were as young as 16 years old. The initial three months of
    school were spent undergoing military training. Students who received
    poor grades in high school had, in the past, been sent to the Wi'a
    Military Camp in lieu of being allowed to complete the academic year.
        The law prohibits the recruitment of children under the age of 18
    years into the armed forces; however, in practice children under the
    age of 18 were conscripted by their forced attendance at Sawa. It was
    not known if rebel groups within the country recruited soldiers under
    the age of 18.
        During the year humanitarian groups and interlocutors anecdotally
    noted an increase from previous years in the number of street children
    due in part to an increase in economic hardship. UNICEF funded programs
    for street children; however, the increase in the number of street
    children outstripped program's ability to provide services.
        The country is not a party to the 1980 Hague Convention on the
    Civil Aspects of International Child Abduction. For information on
    international parental child abduction, please see the Department of
    State's annual report on compliance at http://travel.state.gov/
    abduction/resources/congressreport/congressreport--4308.html

        Anti-Semitism.--There are fewer than 10 Jews in the country, and
    the Government allows for the maintenance of a synagogue in Asmara.
    There were no reports of anti-Semitic acts.

        Trafficking in Persons.--For information on trafficking in persons,
    please see the Department of State's annual Trafficking in Persons
    Report at www.state.gov/g/tip.

        Persons With Disabilities.--The law and unimplemented constitution
    prohibit discrimination against persons with disabilities in
    employment, education, or in the provision of other state services.
    Unlike previous years, there were some reports of discrimination
    against persons with disabilities, especially in rural areas. Schools
    involved with the education of persons with disabilities reported that
    job discrimination was common. The Government dedicated substantial
    resources to support and train the thousands of men and women with
    physical disabilities that resulted from the war for independence and
    the conflict with Ethiopia. There are no laws mandating access for
    persons with disabilities to public thoroughfares or public or private
    buildings, but many newly constructed buildings provided such access.
    The Ministry of Labor and Human Welfare was responsible for the rights
    of persons with disabilities.

        National/Racial/Ethnic Minorities.--There were reports of
    government and societal discrimination against the Kunama, one of nine
    ethnic groups residing primarily in the western sector of the country.
    Societal abuse of Ethiopians occurred and was noticeable during the
    yearly roundups that occur just before Liberation Day (May 24).
    Ethiopians were arbitrarily arrested and asked to pay fines to be
    released. Requests from citizens in rural areas (where ethnic
    minorities are concentrated) for basic services, such as an adequate
    number of schools, were routinely ignored by the Government.

        Societal Abuses, Discrimination, and Acts of Violence Based on
    Sexual Orientation and Gender Identity.--Homosexuality is illegal, and
    individuals continue to be prosecuted under article 600 of the penal
    code. During the year there were unconfirmed reports that the
    Government carried out periodic roundups of individuals considered gay
    and lesbian, and gays and lesbian faced severe societal discrimination.
    The Government accused foreign governments of promoting the practice to
    undermine the Government. There were uncorroborated reports that known
    gays and lesbians in the armed forces were subjected to severe abuse.
    There were no known lesbian, gay, bisexual, or transgender
    organizations in the country.

        Other Societal Violence or Discrimination.--There was no societal
    violence or discrimination based on persons with HIV/AIDS.
    Section 7. Worker Rights

        a. The Right of Association.--The law provides workers with the
    legal right to form and join unions to protect their interests;
    however, some government policies restricted free association or
    prevented the formation of some unions, including within the civil
    service, armed forces, police, and other organizations providing
    essential services. The Government ran all unions, including the
    Teacher's Union, Women's Union, Youth's Union, and Worker's Union.
    Membership in these unions was required as a precondition to working is
    their respective fields. The Government did not encourage the formation
    of independent unions by employees or private businesses. Union leaders
    were typically government employees, and union activities were
    generally government sanctioned. The Ministry of Labor and Human
    Welfare must grant special approval for groups of 20 or more persons
    seeking to form a union. There were no reports that the Government
    opposed the formation of labor associations during the year; however,
    the Government did not approve the formation of any unions.
        The law allows strikes; however, all unions were closely aligned
    with the Government and thus did not exercise or promote the right to
    strike. The ability of government-backed industries to use national
    service conscripts as free or cheap sources of labor on nonmilitary
    projects prevents labor market competition.

        b. The Right to Organize and Bargain Collectively.--The law allows
    unions to conduct their activities without interference, and collective
    bargaining is allowed, but in practice all unions were subservient to
    the Government. The Government sets wages for union workers, employees
    of PFDJ-owned enterprises, and government employees. For most
    professions, wages have not been increased for more than a decade
    despite rampant inflation. Wages were set independently in the small
    private sector, although workers were not allowed to organize
    independently.
        Since most businesses were government-owned, unions did not
    experience antiunion discrimination.
        The Eritrean Free Zone in Massawa, authorized in 2006 to attract
    foreign and local investors, was not operational by year's end.

        c. Prohibition of Forced or Compulsory Labor.--The law prohibits
    forced or compulsory labor, including by children. However, forced
    labor occurred. Specifically, Eritrea's mandatory national service
    program of indefinite duration requires conscripts to perform a wide
    variety of nonmilitary activities, including harvesting and work in the
    service sector. Conscription into mandatory, open-ended service begins
    at the senior year of high school for all students; they are required
    to spend their senior year at the Sawa military and education camp.
    Some students enter Sawa as early as the age of 16 or 17 and,
    therefore, begin national conscripted labor immediately following Sawa
    under the age of 18.
        With few exceptions, the Government required all men and women upon
    graduation from high school to participate in the national service
    program until demobilization, which included military training and
    civilian work programs. However, the criteria for demobilization were
    unclear, and many were required to work indefinitely in any location or
    capacity chosen by the Government. Reports indicated citizens were
    enlisted in the national service for many years at below minimum wage
    rates with no prospective end date, no promotion or salary increases,
    and restricted freedom of movement, since those employed under national
    service were often denied passports or exit visas. The Government
    justified its open-ended draft on the basis of Ethiopia's occupation of
    Eritrean territory. Some national service members were assigned to
    return to their civilian jobs while nominally kept in the military
    because their skills were deemed critical to the functioning of the
    Government or the economy. These individuals continued to receive only
    their national service salary. The Government required them to forfeit
    to the Government any money they earned above that salary. Government
    employees generally were unable to leave their jobs or take new
    employment. Draft evaders often were used as laborers on government
    development projects.
        Also see the Department of State's annual Trafficking in Persons
    Report at www.state.gov/g/tip.

        d. Prohibition of Child Labor and Minimum Age for Employment.--
    Although the Government has a national plan of action to protect
    children from exploitation in the workplace, it was not enforced
    effectively, and child labor occurred. The legal minimum age of
    employment is 14 years old. The law prohibits minors from working in
    transport industries or working underground, such as in mines and
    sewers. It was common for rural children who did not attend school to
    work on family farms, fetch firewood and water, and herd livestock,
    among other activities. In urban areas, children could be seen in auto
    mechanic uniforms working in car repair shops. Some children worked as
    street vendors of cigarettes, newspapers, or chewing gum to supplement
    household income, or at the behest of older children. Persons who have
    fled Eritrea report that police have arrested children and forced them
    into military service and other forms of national service regardless of
    their being younger than the minimum working age.
        There were no known reports of children engaged in the worst forms
    of child labor; however, in urban areas children were engaged in auto
    and bicycle repair or transport of grain and goods via donkey carts.
    Increasingly dire economic conditions have led to an increase in
    begging and prostitution among children in Asmara. In rural areas,
    children assisted with farming corn, wheat, sorghum, and other grains.
        Labor inspectors from the Ministry of Labor and Human Welfare were
    responsible for enforcing child labor laws, but inspections were
    infrequent, and enforcement of child labor laws was ineffective.
        Some of the major programs implemented to prevent child labor
    include government preschool services in rural and urban areas and
    academic and vocational training.
        Also see the Department of State's annual Trafficking in Persons
    Report at www.state.gov/g/tip.

        e. Acceptable Conditions of Work.--The minimum monthly wage in the
    civil service sector is 360 nakfa (eight dollars) per month. The
    official government conversion rate is 15 nakfa to one dollar, but the
    black market values nakfa at 45 nakfa to one dollar. The country is not
    self-sustaining in terms of food and basic goods. They are often
    smuggled into the country and purchased at the less favorable black
    market rate. Therefore a salary of 360 nakfa which has an official
    value of $24 has an effective purchasing power of only eight dollars.
    This wage does not provide a decent standard of living for workers and
    support for their families. As an example, a large 1,600 gram can of
    powdered milk costs more than 1,000 nakfa or three months salary at
    minimum wage. Many persons in the service industry made less than the
    minimum wage. For instance, police officers earn between 50 and 400
    nakfa per month (between $3.33 and $26.67). The Government did not
    enforce the minimum wage law.
        The standard workweek was 44.5 hours, but many persons worked fewer
    hours. Workers were entitled to one rest day per week; most workers
    were allowed from one to one-and-one-half days off per week. There are
    no prohibitions against excessive overtime. Citizens are legally
    entitled to overtime, except for those employed under national service;
    however, citizens were rarely forced to work more than the 44.5-hour
    workweek.
        The Government instituted occupational health and safety standards,
    but inspection and enforcement varied widely among factories. In
    practice some workers were permitted to remove themselves from
    dangerous work sites without retaliation.
        During the year there was discrimination against foreign or migrant
    workers, especially Ethiopians, who could not receive food coupons and
    were periodically arrested without cause and not released until paying
    a fine.
        *United States personnel were rarely permitted to travel outside of
    the capital Asmara, and had very limited access to citizens and
    government officials in the country. This report draws in large part on
    non-U.S. government sources.

                                   __________

                                    ETHIOPIA

        Ethiopia is a federal republic led by Prime Minister Meles Zenawi
    and the Ethiopian People's Revolutionary Democratic Front (EPRDF). The
    population is estimated at 82 million. In the May national
    parliamentary elections, the EPRDF and affiliated parties won 545 of
    547 seats to remain in power for a fourth consecutive five-year term.
    In simultaneous elections for regional parliaments, the EPRDF and its
    affiliates won 1,903 of 1,904 seats. In local and by-elections held in
    2008, the EPRDF and its affiliates won all but four of 3.4 million
    contested seats after the opposition parties, citing electoral
    mismanagement, removed themselves from the balloting. Although there
    are more than 90 ostensibly opposition parties, which carried 21
    percent of the vote nationwide in May, the EPRDF and its affiliates, in
    a first-past-the-post electoral system, won more than 99 percent of all
    seats at all levels. Although the relatively few international
    officials that were allowed to observe the elections concluded that
    technical aspects of the vote were handled competently, some also noted
    that an environment conducive to free and fair elections was not in
    place prior to election day. Several laws, regulations, and procedures
    implemented since the 2005 national elections created a clear advantage
    for the EPRDF throughout the electoral process. Political parties were
    predominantly ethnically based, and opposition parties remained
    splintered. During the year fighting between government forces,
    including local militias, and the Ogaden National Liberation Front
    (ONLF), an ethnically based, violent insurgent movement operating in
    the Somali region, resulted in continued allegations of human rights
    abuses by all parties to the conflict. Security forces generally
    reported to civilian authorities; however, there were instances in
    which security forces, specifically special police and local militias,
    acted independently of civilian control.
        Human rights abuses reported during the year included unlawful
    killings, torture, beating, and abuse and mistreatment of detainees and
    opposition supporters by security forces, especially special police and
    local militias, which took aggressive or violent action with evident
    impunity in numerous instances; poor prison conditions; arbitrary
    arrest and detention, particularly of suspected sympathizers or members
    of opposition or insurgent groups; detention without charge and lengthy
    pretrial detention; infringement on citizens' privacy rights, including
    illegal searches; use of excessive force by security services in
    counterinsurgency operations; restrictions on freedom of speech and of
    the press; arrest, detention, and harassment of journalists;
    restrictions on freedom of assembly and association; restrictions on
    freedom of movement; ruling party intimidation, threats, and violence
    during the elections; police, administrative, and judicial corruption;
    harassment of those who worked for human rights organizations; violence
    and societal discrimination against women and abuse of children; female
    genital mutilation (FGM); exploitation of children for economic and
    sexual purposes; trafficking in persons; societal discrimination
    against persons with disabilities and religious and ethnic minorities;
    forced labor and child labor; and government interference in union
    activities.
                            respect for human rights
    Section 1. Respect for the Integrity of the Person, Including Freedom
            From:

        a. Arbitrary or Unlawful Deprivation of Life.--There was no proof
    that the Government and its agents committed any politically motivated
    killings during the year; however, there were credible reports of
    involvement of security forces in the killings and other abuses of
    civilians in connection with the conflict in the Somali region (see
    section 1.g.) and in the deaths of opposition party activists (see
    section 3).
        In January Oromia police shot two unarmed students, one of them
    fatally, during a college riot at Ardayta College in the Western Arsi
    zone of the Oromia Regional State. The Government acknowledged a
    disturbance at the college, evidently related to longstanding disputes
    between students and the administration, that led the college dean to
    call the police for assistance. After the shooting incident, the police
    suspended two senior officers for giving inappropriate orders, and one
    policeman was charged and found guilty of murder by use of excessive
    force. He was sentenced to prison.
        In June the press reported that police in Addis Ababa beat 17-year-
    old Besufekad Tamene to death. The Government confirmed that police
    officers Girma Makonnen and Birhanu Jula were on duty when they were
    approached for assistance by Yewebnesh Hailemariam because her grandson
    was causing a disturbance at home. They reportedly hit him repeatedly
    with a stick on the head, neck, and chest. Besafekad died on June 4 as
    a result of his injuries. The officers were arrested on June 5 and
    charged with murder. The case was pending at year's end.
        According to a May 2009 government report, the security chief of
    Gue, Tamene Tadesse, was charged with the use of excessive force and
    sentenced to 15 years in prison for the 2007 fatal shootings of two
    students in Gue, in the Oromia region.
        There was no official action taken against police officers involved
    in the January 2009 shooting and killing of Debasu Yengusie Mengesha
    and Gobeze Wudu as they left a bar.
        There were no developments in the February 2009 incident in which
    police shot and killed a 19-year-old student protester, Wendimu Damena,
    or in the police shooting that injured a 20-year-old student, Belay
    Motuma, during the same demonstration.
        There were no developments in the following 2008 incidents: the
    killing of three brothers--Yayeh Yirad Assefa, Negusu Assefa, and
    Temesgen Assefa--by local police and militia in Zeba kebele (Dejen
    woreda, East Gojam zone, Amhara region); the killing of Aschalew Taye,
    a supporter of the opposition All Ethiopia Unity Party (AEUP); and
    several bombings (the Humera bus and school incidents in Amhara; two
    hotels in Negele Borena, in the Oromia region; and a bombing at a
    Jijiga hotel).
        There were no developments in the April 2009 land mine explosion in
    the Danakil Depression area of the Afar region, which killed two
    persons and wounded two others. The Government claimed that the South
    Red Sea Rebel Liberation Front was responsible.
        There were no developments in the December 2009 incident in which
    two hand grenades thrown into a crowded cafe in Kebri Dehar, in the
    Somali region, killed one woman and wounded nine other persons. The
    Government claimed that the perpetrators were four Eritreans supporting
    the rebel ONLF.
        On May 6, in the Oromia region, a hand grenade was thrown into a
    political meeting of the Oromo Peoples' Democratic Organization (OPDO)
    killing two persons and injuring 14. A government spokesman, Shimeles
    Kemal, stated that the incident was an attempt to assassinate the
    region's deputy president, Abdulaziz Mohammed, who escaped unhurt.
    Police officials arrested suspects, one of whom, Tadesse Haile, was
    sentenced to death after a trial within a week of the incident.
        Clashes between ethnic clans during 2008 and 2009 resulted in
    hundreds of deaths (see section 6).

        Disappearance.--There were no reports of politically motivated
    disappearances; however, there were innumerable reports of local
    police, militia members, and the National Intelligence and Security
    Service (NISS) seizing individuals, especially opposition political
    activists, for brief periods of incommunicado detention. Neither
    diplomatic missions nor nongovernmental organizations (NGOs) were
    allowed access by the Government to the Somali region and therefore had
    very limited ability to comment on the procedures of security forces
    operating there.
        There were no developments in the 2008 disappearances in Addis
    Ababa of Ethiopian Teachers' Association members Tilahun Ayalew and
    Anteneh Getnet, or of Alexander Gebre Meskel, a resident of Addis
    Ababa.

        c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
    Punishment.--Although the constitution and law prohibit the use of
    torture and mistreatment, there were credible reports that security
    officials physically mistreated detainees.
        Opposition political party leaders reported frequent, systematic
    abuse and intimidation of their members and supporters by police and
    local militias. Those leaders stated that victims of such abuse did not
    seek redress from police and other criminal justice authorities for
    fear of provoking retaliation. When opposition parties packaged
    hundreds of such reports of abuse for consideration by officials at the
    National Electoral Board of Ethiopia (NEBE), the board--possessing the
    legal discretion to investigate but lacking an investigative staff--
    generally dismissed the complaints for lack of evidence or procedural
    defects, in both 2008 and 2010.
        The UN Committee Against Torture noted in a November 19 report that
    it was ``deeply concerned'' about ``numerous, ongoing, and consistent
    allegations'' concerning ``the routine use of torture'' by the police,
    prison officers and other members of the security forces--as well as
    the military, in particular--against political dissidents and
    opposition party members, students, alleged terrorists, and alleged
    supporters of insurgent groups, such as the ONLF and the Oromo
    Liberation Front (OLF). The committee reported that such acts
    frequently occurred with the participation of, at the instigation of,
    or with the consent of commanding officers in police stations,
    detention centers, federal prisons, military bases, and unofficial or
    secret places of detention.
        Numerous reliable sources confirmed in April 2009 that in
    Maekelawi, the central police investigation headquarters in Addis
    Ababa, police investigators often used physical abuse to extract
    confessions. Several prisoners who were held at Maekelawi and other
    nontraditional detention facilities independently claimed with credible
    detail that they and other detainees were tortured in police station
    jails in attempts by security officials to elicit confessions before
    their cases went to trial. No indication came during the year that
    these abusive practices were eliminated. NGO and diplomatic access to
    Maekelawi was curtailed during the year.
        Several of the persons arrested in Apri1 2009 for alleged
    affiliation with Ginbot 7, a largely diaspora opposition group some of
    whose members publicly advocated violent overthrow of the Government,
    reported harsh physical abuse and torture during pretrial
    interrogations. In November 2009 these defendants reiterated these
    accusations to their trial court. A government spokesman denied the
    allegations. In December 2010 the Global Alliance Against Torture in
    Ethiopia, an antigovernment diaspora group, released reports,
    purportedly originating with cooperative prison personnel, summarizing
    the accusations of mistreatment given by individual Ginbot 7 inmates.
        In those reports Amerar Bayabel, Second Sergeant Gobena Belay
    Ayele, and Lieutenant Colonel Abere Assefa Aberra described similar,
    consistently horrific experiences at Maekelawi. They included lengthy
    nights of physical mistreatment, including: being made to lie on the
    ground, handcuffed, blindfolded, and in some cases naked, while
    interrogators wearing military boots stood on their chests; being
    whipped with wire and beaten on the head and the insides of their feet;
    being gagged, hung upside down, and beaten with electrical cords; being
    threatened with injection of HIV-infected blood; and being subjected to
    ethnic slurs.
        In July 2009 Nimona Tuffa, a student at Hayuma Medical College in
    Ambo and a member of the Oromo People's Congress (OPC), an opposition
    party, was detained in Guder by Oromia regional security officials
    dressed in civilian clothes. Nimona reported that security officials,
    including the head of security of West Shoa zone, Tesfaye Sime, beat
    him, first in a nearby forest and later at the OPDO Ambo offices, part
    of the EPRDF, where they pressured him to sign a statement admitting he
    was a member of the OLF. He eventually signed. When released Nimona was
    hospitalized for severe nerve-ending damage, hearing damage, and back
    injuries. When the case was brought to court, the prosecutor suggested
    that the case was not politically motivated but was a personal
    conflict. However, Nimona testified that he had no knowledge of his
    attackers before the incident and that he believed it was politically
    motivated. The judge sentenced the perpetrators to a fine of 500 birr
    ($30.53). With the involvement of a diplomatic mission, the case was
    reopened and the primary police officer involved was eventually
    sentenced to three years in prison, for use of excessive force.
    However, at year's end the officer apparently had not begun to serve
    the sentence. Nimona fled the country.
        There were no developments in the 2008 beating of Gelaye Tadele
    while in local police custody in Arba Minch, in the Southern Nations,
    Nationalities, and Peoples Region (SNNPR).

        Prison and Detention Center Conditions.--The country has three
    federal and 120 regional prisons. There also are many unofficial
    detention centers throughout the country, including in Dedessa, Bir
    Sheleko, Tolay, Hormat, Blate, Tatek, Jijiga, Holeta, and Senkele. Most
    are located at military camps.
        Prison and pretrial detention center conditions remained harsh and
    in some cases life threatening. Severe overcrowding was common,
    especially in sleeping quarters. The Government provided approximately
    eight birr ($0.50) per prisoner per day for food, water, and health
    care. Many prisoners supplemented this with daily food deliveries from
    family members or by purchasing food from local vendors. Medical care
    was unreliable in federal prisons and almost nonexistent in regional
    prisons. Water shortages caused unhygienic conditions, and most prisons
    lacked appropriate sanitary facilities.
        Many prisoners had serious health problems in detention but
    received little treatment. In April an Italian citizen died after
    receiving allegedly substandard medical treatment in Kality prison. At
    year's end there were an estimated 86,000 persons in prison, of whom
    2,474 were women and 546 were children incarcerated with their mothers.
    Juveniles were sometimes incarcerated with adults who were awaiting
    execution. Male and female prisoners generally were separated.
    Authorities generally permitted visitors. In some cases family visits
    to prisoners were restricted to a few per year.
        Following a 2008 investigation on prison conditions, the Ethiopian
    Human Rights Commission (EHRC) reported that the overwhelming majority
    of detainees in prisons were held on pending charges. Some prisoners
    reported being detained for several years without being charged and
    without trial. Pretrial detention during the year, while still high,
    showed a rapid decline. Approximately 80 percent of those incarcerated
    in Amhara, Benishangul-Gumuz, Oromia, SNNPR, and Tigray had been
    sentenced.
        Prisoners were generally permitted religious observance, but this
    varied by prison, and even by section of prison, at the discretion of
    prison management. Prisoners can, during trial, make complaints about
    prison conditions or treatment to the presiding judge.
        During the year the International Committee of the Red Cross (ICRC)
    visited regional prisons but, like all international organizations and
    NGOs, remained barred from visiting federal prisons, which held persons
    accused or convicted of crimes against national security, and all
    prisons in the Somali region. Regional authorities allowed NGO
    representatives to meet regularly with prisoners without third parties
    being present.
        The Ethiopian NGO Justice for All-Prison Fellowship Ethiopia (JFA-
    PFE) was granted access to various prison and detention facilities,
    including federal prisons. JFA-PFE ran a ``model'' prison in Adama with
    significantly better conditions compared with other prisons.
        The Government and prison authorities were generally cooperative in
    dealing with NGO efforts to effect improvements in prison conditions.
        The Government routinely failed to meet its obligation to notify
    diplomatic missions of the arrest of foreign nationals, so foreign
    representatives had only rare access to prisons and other detention
    facilities.
        In 2009 the Government established regional ``justice forums''
    throughout the country to improve coordination among the Ministry of
    Justice (MOJ) as well as regional security and prison administration
    officials.

        d. Arbitrary Arrest or Detention.--Although the constitution and
    law prohibit arbitrary arrest and detention, the Government frequently
    ignored these provisions in practice. During the year the phenomenon
    increased significantly in the preelection environment (see section 3).

        Role of the Police and Security Apparatus.--The Federal Police
    Commission reports to the Ministry of Federal Affairs, which is
    subordinate to the parliament; however, this subordination was loose in
    practice. Each of the country's nine regions has a state or special
    police force that reports to the regional civilian authorities. Local
    militias also operated as local security forces in loose coordination
    with regional police and military, with the degree of coordination
    varying by region. NISS officers were involved in all matters deemed to
    have implications for national security.
        Impunity remained a serious problem. According to sources at
    government agencies, the Government rarely publicly disclosed the
    results of investigations into abuses by local security forces, such as
    arbitrary detention and beatings of civilians. In its November report,
    the UN Committee Against Torture noted that there were ``numerous and
    consistent reports'' about the Government's ``persistent failure'' to
    investigate allegations of torture and prosecute perpetrators,
    including Ethiopian National Defense Force (ENDF) or police commanders.
    The committee further noted the absence of information on cases in
    which soldiers and police or prison officers were prosecuted,
    sentenced, or subjected to disciplinary sanctions for acts of torture
    or mistreatment.
        There were no further developments in the July 2009 case of the 444
    staff members, including high-ranking officials, fired by the Addis
    Ababa Police Commission for involvement in serious crimes, including
    armed robbery, rape, and theft.
        The Government continued its efforts to provide human rights
    training for police and army recruits. During the year the Government
    continued to seek assistance from the JFA-PFE and the EHRC to improve
    and professionalize its human-rights training and curriculum, by
    including more material on the constitution and international human
    rights treaties and conventions. The JFA-PFE conducted human rights
    training for police commissioners, prosecutors, judges, prison
    administration, and militia in Amhara, Oromia, SNNPR, Benishangul-
    Gumuz, and Gambella.

        Arrest Procedures and Treatment While in Detention.--Authorities
    regularly detained persons without warrants and denied access to
    counsel and family members, particularly in outlying regions. Although
    the constitution and the penal code require that detainees be brought
    to court and charged within 48 hours, this requirement generally was
    not respected in practice. A functioning bail system was in place but
    not available in murder, treason, and corruption cases. In most cases
    authorities set bail between 500 and 10,000 birr ($30 and $610), which
    was too costly for most citizens. Police officials did not always
    respect court orders to release suspects on bail. With court approval
    persons suspected of serious offenses can be detained for 14 days
    without being charged and for additional 14-day periods if an
    investigation continues. The law prohibits detention in any facilities
    other than an official detention center; however, there were dozens of
    unofficial local detention centers used by local government militia and
    other formal and informal law enforcement entities. The Government
    provided public defenders for detainees unable to afford private legal
    counsel, but only when their cases went to court. While in detainees
    were in pretrial detention, authorities allowed them little or no
    contact with legal counsel. Police continued to arrest individuals
    without warrants (see section 1.f.). Opposition party members
    consistently and credibly reported that authorities frequently detained
    persons in police stations for long periods without charge or access to
    a judge. Authorities apparently targeted certain individuals for
    arrest, with charges and other terms of detention determined only after
    detention commenced.
        In January NISS officers detained a foreign citizen and held him
    incommunicado in Tigray without warrant at various locations for 48
    hours (see section 2.a.). When he complained to a senior NISS official,
    he was told: ``This is Ethiopia. We can do what we want. You are lucky
    the worst hasn't already happened to you.'' He was released soon after
    without charges being filed.
        Persons arrested in April 2009 in connection with the Ginbot 7 case
    were held for more than a month at Maekelawi without charges while
    police gathered evidence, during which time family members were not
    informed of their whereabouts. They were then charged with conspiracy
    to destroy government institutions, the attempted assassination of
    government officials, and an attempt to incite rebellion in the army.
    The detainees were denied pretrial access to legal counsel, and several
    alleged mistreatment while in detention. Ultimately, their property was
    confiscated, five received death sentences, 33 received life
    imprisonment in Kality prison, and two received sentences of 10 years.
        In May 2009 customs authorities detained Abebe Worke, the chairman
    of the Ethiopian Human Rights Council (EHRCO) and a prominent human
    rights lawyer, and Meleskachew Amha, a Voice of America (VOA) reporter,
    for allegedly attempting to illegally sell imported duty-free
    publishing equipment that belonged to Addis Broadcasting Company, of
    which both were shareholders (see section 2.a.). Meleskachew and Abebe
    were detained at the Customs Authority compound, not a formal detention
    facility, for 12 days before being released on bail. Abebe fled the
    country. On July 15, the Federal First Instance Court dropped all
    charges against Meleskachew due to lack of evidence. Abebe was
    sentenced in absentia to one year's imprisonment and fined 1.4 million
    birr ($85,370).
        In June 2009 town officials in Bistima, Werebaba woreda (South
    Wollo zone, Amhara region), arrested an EHRCO investigator, Mulugeta
    Fentaw. Mulugeta was returning home after investigating alleged cases
    of harassment in Bistima of Unity for Democracy and Justice (UDJ)
    members. The woreda Security Chief, Makonnen Hussein, confiscated
    Mulugeta's notebook containing sensitive summaries of his interviews.
    Immediately thereafter the police accused Mulugeta of stealing 2,000
    birr ($122.10) and arrested him. At the police station he was searched,
    and when the police found only 200 birr ($12.21) in his possession,
    they modified the charge to claim that he stole only 200 birr ($12.21).
    Mulugeta was arrested and jailed for three days. He was brought to the
    woreda court on June 3, convicted, and sentenced to eight months'
    imprisonment. He appealed to the zonal high court. On July 17, the high
    court dismissed the case, stating that such acts by the woreda court
    eroded public confidence in the judiciary. The woreda administration
    appealed and brought another charge of ``tarnishing the reputation of
    woreda officials by bringing false witnesses.'' Mulugeta again appealed
    to the high court, which dismissed the case. Fearing further harassment
    by government officials, he went into exile abroad.
        One of Mulugeta's defense witnesses, Alemu Abaineh, was arrested
    after he gave testimony in court. He was accused of stealing and
    possessing antitank grenades and plotting to attack the militia. He was
    sentenced to four years' imprisonment. He appealed to the high court
    and was released on bail. The trial continued at year's end.
        There were no developments in the cases of the opposition AEUP
    members Mekuanent Seneshaw, Alehegne Mekuanent, Kifle Tadege, and
    Endale Tadege, who were arrested at a Chendiba wedding in 2008 and
    charged with holding an illegal political gathering in the form of a
    wedding.

        Amnesty.--On September 10, the federal government and Amhara and
    Oromia regional governments granted pardons to more than 9,000
    prisoners, in keeping with a longstanding tradition for celebration of
    the new year on September 11.
        The president of the opposition party UDJ, Birtukan Mideksa, was
    pardoned and released from prison on October 6 (see Political Prisoners
    and Detainees).

        e. Denial of Fair Public Trial.--The law provides for an
    independent judiciary. Although the civil courts operated with a large
    degree of independence, the criminal courts remained weak,
    overburdened, and subject to significant political intervention and
    influence. The upper house of parliament has sole responsibility for
    judging the constitutionality of new laws, handling judicial
    appointments, and reviewing judicial conduct. In theory and in
    practice, courts have the ability to convict defendants on charges not
    raised by the prosecution.
        Regional offices of the federal MOJ monitored local judicial
    developments. Some regional courts had jurisdiction over both local and
    federal matters, as the federal courts in those jurisdictions that had
    not begun operation; overall, the federal judicial presence in the
    regions was limited. Consequently many citizens residing in rural areas
    generally had little access to formal judicial systems, at any level,
    and effectively had no choice but to rely on traditional mechanisms of
    resolving conflict.
        The law provides legal standing to some preexisting religious and
    traditional courts and allows federal and regional legislatures to
    recognize decisions of such courts. By law all parties to a dispute
    must agree to use a traditional or religious court before such a court
    may hear a case, and either party can appeal to a regular court at any
    time. Sharia (Islamic) courts may hear religious and family cases
    involving Muslims. In addition other traditional systems of justice,
    such as the Council of Elders, continued to function. These customary
    courts resolved disputes for the majority of citizens who lived in
    rural areas. Some women complained of lack of access to free and fair
    hearings in the traditional justice system because they were excluded
    by custom from participation in the Council of Elders and because there
    was strong gender discrimination in rural areas.
        The judicial system severely lacked experienced staff, sometimes
    making the application of the law unpredictable. The Government
    continued to train lower court judges and prosecutors and made
    effective judicial administration the primary focus of the training. To
    address backlogs in case processing, in October 2009 the Government
    allocated 147 million birr ($8.97 million) to construct five new
    courthouses in Addis Ababa and Dire Dawa. During the year the federal
    Supreme Court, high courts, and courts of first instance remained open
    for over two-and-one-half months during their regular recess period in
    June, July, and August to try to reduce the backlog of cases.
        The seventh criminal branch of the federal court of first instance,
    headed by three judges, handled cases involving juvenile offenses and
    cases of sexual abuse of women and children. There was a large backlog
    of juvenile cases, and accused children often remained in detention
    with adults until officials heard their cases. There were also credible
    reports that domestic violence and rape cases were often significantly
    delayed and given low priority.
        In October the EHRC, a government entity, signed a memorandum of
    understanding with four public universities to encourage students to
    participate in legal aid for indigent clients.
        In July 2009 the parliament passed the Anti-Terrorism Proclamation
    to address growing terrorist threats. Several human rights
    organizations raised concerns over the law's broad definition of
    terrorism, severe penalties, broad rules of evidence, and discretionary
    powers afforded police and security forces. Although a full prosecution
    under this law had not yet been conducted by year's end, several
    defendants were charged under it, including elderly citizens and
    students who staged public demonstrations in January in Oromia against
    gold mining interests they claimed were polluting their community's air
    and water.
        Criminal matters related to the military are handled by military
    tribunals. Military tribunals may not try civilians except in certain
    cases involving allegations of threats to national security. The total
    caseload of the military justice system grew, reflecting an effort to
    hold military officers and troops more accountable, but the military
    lacked adequately trained staff to handle the increased demands on the
    system.
        In November 2009 the Federal Supreme Court sentenced Judge Girma
    Tiku, former president of the Court of First Instance for Urban Affairs
    of Lideta subcity, Addis Ababa, to seven years' imprisonment and a fine
    of 1,000 birr ($61) on corruption charges.
        There were no developments in two 2008 MOJ corruption cases against
    judges.

        Trial Procedures.--According to the law, accused persons have the
    right to a fair public trial by a court of law within a ``reasonable
    time,'' a presumption of innocence, the right to be represented by
    legal counsel of their choice, and the right to appeal. In some
    sensitive cases deemed to involve matters of national security, notably
    the Ginbot 7 and OLF trials, closed proceedings took place, and at
    times authorities allowed detainees little or no contact with legal
    counsel. The court system does not use trial by juries.
        Judicial inefficiency, lengthy trial delays, and lack of qualified
    staff often resulted in serious delays in trial proceedings The Public
    Defender's Office provided legal counsel to indigent defendants,
    although its scope and quality of service remained limited due to the
    shortage of attorneys. Although the law explicitly stipulates that
    persons charged with corruption are to be shown the evidence against
    them prior to their trials, several credible sources reported that
    authorities routinely denied defense counsel pretrial access to such
    evidence. As in previous years, the Government did not establish an
    execution date for the 19 former Derg officials sentenced to death in
    2006 for crimes of genocide, treason, and murder. All remained on death
    row at year's end except Colonel Mengistu Haile Mariam, who was in
    exile in Zimbabwe. According to a May 2009 government report, religious
    leaders requested that the Government reduce the sentences of former
    Derg officials. The Government had not responded by year's end,
    although religious officials increased the volume of their pleas in
    December.

        Political Prisoners and Detainees.--Domestic and international NGOs
    estimated that there were 200 to 300 political prisoners and detainees
    at year's end.
        In August several opposition party leaders reported an
    intensification in the arrest and detention of opposition supporters,
    especially in Oromia, Amhara, and Tigray. Approximately 1,200
    opposition Oromo Federalists' Congress (OFC) Party supporters, for
    example, were reportedly arrested and detained in association with the
    May elections. (The OFC was formed by the merger of the OPC and the
    Oromo Federalist Democratic Movement (OFDM)). Many were released during
    the year after serving four- to five-month sentences, but many remained
    in jail.
        In October the president of the UDJ, Birtukan Mideksa, whose pardon
    was revoked and life sentence reinstated in 2008, was released. Prior
    to her release she was held in solitary confinement until June, despite
    a court ruling that indicated it was a violation of her constitutional
    rights.
        Chaka Robi, a supporter of the opposition Coalition for Unity and
    Democracy (CUD) arrested in 2008, was released during the year.
        There were several developments in the 2008 case in which police,
    local authorities, and ruling party cadres arrested 16 second-tier
    leaders from various opposition parties engaged in community outreach
    or opening new offices throughout the country. On August 12, 15
    arrestees were ordered to present their defenses against charges of
    recruiting and organizing OLF members, promoting OLF terrorist
    activities, and financially supporting the OLF. The case against one
    defendant was dismissed. Among the 15 tried, OFDM secretary general
    Bekele Jirata was charged and released on bail in February 2009. He
    later fled the country. He was found guilty in absentia on March 31 and
    sentenced to 12 years in jail. The other men were also found guilty.
    One man was sentenced to death, one was sentenced to life in prison,
    and the rest were given jail terms ranging from 10 to 13 years.
        In February the Government pardoned 182 members of the AEUP
    previously convicted of threatening the ``constitutional order'' during
    the violent aftermath of the 2005 national elections. The pardons
    reportedly were part of a negotiated agreement for the AEUP leadership
    to participate in EPRDF-led talks on the enactment of an electoral code
    of conduct for political parties.

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

        f. Arbitrary Interference With Privacy, Family, Home, or
    Correspondence.--The law requires authorities to obtain judicial
    warrants to search private property; however, in practice police often
    ignored this law, and there were no records of courts excluding
    evidence found without warrants.
        The Ethiopian government and regional governments began to put in
    place ``villagization'' plans in the Gambella and Benishangul-Gumuz
    regions, an effort to speed up agricultural development. The plan
    involves the resettlement of 45,000 households in each of the two
    regions. The Governments describe the resettlement plans as strictly
    voluntary, but there were reports of local skepticism and resentment
    and isolated reports of violence, in part because much of the land was
    or was to be leased to foreign companies.
        There were reports of police forcibly entering civilian homes in
    2008 and 2009. During the year there were innumerable reports of ruling
    party operatives making unwelcome visits to the homes of opposition
    operatives, although forced entry was not part of the usual pattern
    alleged (see section 1.c.).
        In April 2009 witnesses reported that Tirch kebele (Dejen woreda,
    Amahara region) and woreda police and officials searched the house of
    Waltenegus Abate, the woreda vice chairman of the AEUP, without a
    warrant. Although officials accused him of hiding armaments, none were
    found. In 2008 kebele officials had previously searched Waltenegus'
    home without a warrant. He accused police of beating him and his family
    members during the searches.
        By year's end there had not been any action taken by officials
    against the police officers and militia of Tirch kebele (Dejen woreda,
    Amhara region) for the 2008 assault and illegal search of the home of
    Tiringo Mengist.
        All but three electronic communications facilities are state owned.
    Opposition political party leaders reported suspicions of telephone
    tapping and other electronic eavesdropping. In May 2009 a former
    employee of Ethiopian Telecommunication Corporation (ETC), the state-
    run monopoly telecommunications and Internet provider reported from
    self-imposed exile that the Government had ordered ETC employees to
    unlawfully record citizens' private telephone conversations.
        The Government used a widespread system of paid informants to
    report on the activities of particular individuals.
        The Government tampered with the mail of an independent media
    organization, according to a report from the Committee to Protect
    Journalists (see section 2.a.).
        Security forces continued to detain family members of persons
    sought for questioning by the Government. Officials in some kebeles
    reportedly went from house to house demanding that residents attend
    ruling coalition meetings. Residents were not arrested or harassed if
    they did not attend party meetings; however, there were reports that
    some persons who did not attend party meetings had difficulty obtaining
    basic public services from their kebeles. Reliable reports establish
    that unemployed youth who were not affiliated with the ruling coalition
    sometimes had trouble receiving the ``support letters'' from their
    kebeles necessary to get jobs.
        Human Rights Watch, opposition parties, and elements of the media
    alleged a general politicization of foreign donor assistance. These
    reports suggested that, in the period prior to the May elections, the
    EPRDF and its regional affiliated parties used humanitarian assistance
    as incentives to secure support for the ruling coalition. The donor
    community, collectively known as the Development Assistance Group,
    conducted an assessment of the four largest donor-supported development
    programs. The assessment evaluated the systems and safeguards that
    various programs had in place to prevent, detect, and address political
    and financial distortion. The final report, issued in July, concluded
    that all four programs had accountability systems in place that
    provided checks on distortion in the distribution of assistance. In
    addition the two programs related to the provision of food aid were
    deemed to have the strongest safeguards and thus were the least likely
    to have been subject to distortion for political purposes.

        g. Use of Excessive Force and Other Abuses in Internal Conflicts.--
    During the year fighting continued between government forces, primarily
    regional government-backed militia, and the ONLF, a violent ethnic
    insurgent movement operating in the Ogaden area of the Somali region,
    with continuing allegations of human rights abuses by all parties to
    the conflict. Deliveries of food and medicine were restricted as a
    result of insecurity, lack of capacity, and military restrictions.
        Since it was outlawed in 1994, the ONLF has engaged in armed
    conflict with the Government. In October another insurgent group, the
    United Western Somali Liberation Front, as well as the ``Salahdin Ma'ow
    faction'' of the ONLF, signed a peace agreement with the Government and
    ceased hostilities. The ``Admiral Osman faction'' of the ONLF,
    consisting of hard-core fighters and supported by the Eritrean
    government, denounced the peace talks and staged attacks against
    government forces.
        Since the military began significant counterinsurgency operations
    in the Ogaden region in response to the April 2007 slaying of 65
    citizens and nine Chinese oil workers living outside an oil exploration
    camp, the Government has continued to limit the access of diplomats,
    NGOs, and journalists to the Somali region. The Government allowed some
    humanitarian access but restricted the ability to investigate reports
    of human rights abuses. Reports of human rights violations largely have
    come from interviews with second-hand sources or alleged victims who
    fled the Somali region. Credible reports of human rights abuses
    continued, although these diminished dramatically after the signing of
    the two peace agreements. NGO personnel have been compelled by ENDF and
    regular police officials to report ONLF activity. Some villagers
    reported that local authorities threatened to retaliate against anyone
    who reported abuses by the ENDF, special police, or local militias.
        Civilians, international NGOs, and other aid organizations
    operating in the region reported that both government security forces
    and the ONLF were responsible for abuses and harsh techniques used to
    intimidate the civilian population. Reliable reports indicated that
    special police and local militias, both accountable to the Somali
    regional government, forcibly relocated whole villages believed to be
    supportive of the ONLF.
        Reliable sources reported increasingly violent ONLF attacks on
    police and military elements during the year. Development workers
    reported being frequently stopped for questioning by the ONLF.

        Killings.--There were several instances of killings in internal
    conflicts. These included the killing of five persons and wounding of
    20 others in a bomb attack in the northern town of Adi Aro, and a bus
    bombing near the Eritrean border that wounded 13 persons. The
    Government blamed Eritrean-sponsored elements for both incidents but
    produced no evidence.
        In 2008 police forces reportedly attempted to force villagers from
    Laare and Puldeng, in Gambella, to move to a new area. When villagers
    refused, violence ensued, and police reportedly killed nine civilians
    and wounded 23. Two police officers were killed and six others were
    wounded. Police also reportedly set fire to homes and killed numerous
    livestock. Gambella Deputy Police Commissioner Mulugeta Ruot Kuon gave
    a different account. According to him, police responded to a clash
    between two Nuer groups and tried to facilitate a negotiation. One
    group started beating the police with sticks and shot one officer,
    triggering a gunfight that killed one police officer and four civilians
    and wounded 27. The conflict spread to eight kebeles, and federal
    police and the ENDF came to the region to calm the fighting.
    Traditional methods of conflict resolution, facilitated by elders, were
    used to resolve the conflict.
        The Government has not responded to ONLF accusations that the ENDF
    killed 48 civilians in Mooyaha village and six civilians in Galashe in
    the Ogaden region in 2008.
        There were no developments in the February, June, and July 2009
    attacks by the ONLF against military and civilian targets that resulted
    in civilian casualties. Similarly there were no development in the 2008
    arrests of eight men suspected of involvement in the 2007 ONLF attack
    on a Chinese-run oil facility in the Somali region; the ONLF killed 65
    civilians and nine Chinese nationals.

        Abductions.--In April nine NGO employees were abducted and held for
    five days by a group purporting to represent the ONLF. They were
    released unharmed but told to warn their principals that cooperation
    with security forces in delivering humanitarian supplies would provoke
    ONLF violence.

        Physical Abuse, Punishment, and Torture.--Special police were
    accused of rape and other abuses of women in early 2009 in the
    Degehabur and Kebredehar zones, in the Ogaden.

        Child Soldiers.--Although there were no reports that ENDF or
    regional police recruited children, there were credible reports that
    some local militias in Somali region did so. In recent years, the
    Somali Regional Security and Administration Office had increased
    recruitment of special police forces and local militias in conflict
    zones. Also see the Department of State's annual Trafficking in Persons
    Report at www.state.gov/g/tip.

        Other Conflict-Related Abuses.--The Government continued to
    restrict access by NGO workers and journalists to affected Somali
    region areas. International journalists who entered the Somali region
    without permission of the Government were arrested or obliged to leave
    the country. The Government continued to ban the ICRC from the region,
    having previously alleged that it cooperated with the ONLF. During the
    year some humanitarian groups reported roadblocks manned by insurgent
    groups, which occasionally briefly detained them. These same
    humanitarian groups reportedly were interrogated by the ENDF on their
    encounters at the roadblocks with the insurgents.
        In 2008 the ENDF placed Medicins Sans Frontieres-Holland (MSF-NL)
    staff members under house arrest in Warder for allegedly providing
    medical support to the ONLF and confiscated MSF-Switzerland property
    and vehicle keys in Kebri Dehar, limiting its staff members' movement
    to the town for three weeks. There was no judicial process and no
    charges filed in either case. MSF-NL continued to work in Warder zone,
    while MSF-Spain, which was working in Deghabur, withdrew after a hand-
    grenade attack on its offices in August; the attack was believed to be
    the work of a disgruntled former employee.
    Section 2. Respect for Civil Liberties, Including:

        a. Freedom of Speech and Press.--While the constitution and law
    provide for freedom of speech and of the press, the Government did not
    respect these rights in practice. The Government continued to arrest,
    harass, and prosecute journalists, publishers, and editors. The
    Government continued to control all broadcast media, including the sole
    television station, except three private FM radio stations. Private-
    sector and government journalists routinely practiced self-censorship.
    The broadcasting law prohibits political and religious organizations or
    foreigners from owning broadcast stations.
        Government-controlled media mostly reflected the views of the
    Government and the ruling EPRDF coalition. However, live radio and
    television broadcasts occasionally included televised parliamentary
    debates and broadcast the views of opposition parliamentarians, as did
    government newspapers. During the election campaign, state media
    broadcast debates between the parties; because broadcast time was
    allocated on the basis of parliamentary seats, spokesmen for the ruling
    party received the most time.
        Although some new, small-circulation newspapers were published
    during the year, the number of private newspapers remained low.
    Approximately 20 private Amharic-language and English-language
    newspapers with political and business focuses were published, with a
    combined weekly circulation of more than 150,000.
        The Government owned the only newspaper printing press and used its
    monopoly position, inter alia, to regularly increase costs to
    publishers. Reports indicated that this practice influenced the
    circulation numbers of the private newspapers, forcing them to adjust
    their printing runs according to what they could afford.
        Foreign journalists and local stringers employed by foreign
    publications at times published articles critical of the Government but
    were subjected to government pressure to practice self-censorship. Few
    foreign journalists were based in the country. During the year some
    reporters for foreign media were subjected to intimidation and
    harassment or threatened with expulsion from the country for publishing
    articles critical of the Government.
        For example, in January in Tigray, NISS officials detained a
    foreign journalist with a valid residence permit, who was accredited by
    the Government, when he attempted to investigate allegations of food
    aid politicization in the area. His credentials and cell phone were
    taken from him, and he was transported by authorities to Addis Ababa,
    where he was questioned by immigration officials and held overnight at
    the airport. He was not permitted to call consular officials or his
    family. After almost 48 hours in custody, he was released and told by
    the Ministry of Foreign Affairs as well as immigration officials that
    he would have to leave the country within two days. No specific charges
    were brought against him. His credentials were eventually returned to
    him, and he was told that he could continue to live and work as a
    journalist in Ethiopia.
        In May the editor in chief of the Amharic weekly Awramba Times,
    Wubshet Taye, was asked to appear at the Ethiopian Broadcasting
    Authority (EBA) two days before the national elections. He was accused
    of unbalanced reporting favoring Forum, a major opposition coalition.
    The EBA referred to a feature article that compared two photographs of
    Meskal Square: one taken in 2005 with more than one million pro-
    opposition demonstrators, and one of an empty square during the year
    with only an EPRDF campaign poster. The article was called ``Where Did
    These People Go?'' Wubshet was told that this sort of article was not
    allowed and that he would be held responsible if any violence resulted.
    Shortly after this incident, Wubshet resigned as editor in chief of the
    Awramba Times.
        On June 29, the Committee to Protect Journalists (CPJ) reported
    that the new editor in chief of the Awramba Times, Dawit Kebede,
    complained to the Ethiopian Postal Service (EPS) at least three times
    earlier that month, after the newspaper received opened letters and
    destroyed envelopes in its postal box. The EPS asserted that the
    ``quality of the paper'' might have been responsible for the tearing of
    the mail.
        On July 19, the Oromia region special zonal administration ordered
    the Media and Communications Center (MCC), owned by Amare Aregawi (also
    the publisher and owner of The Reporter), to stop construction on its
    future printing house site in Dukem, 21 miles from Addis Ababa, which
    the MCC had leased from the regional administration. On July 24, the
    Government Housing Agency, alleging unlawful occupancy, commandeered
    the MCC's office compound in Addis Ababa, also owned by Amare.
        On August 26, EBA Director General Desta Tesfaw sent a letter to
    the Awramba Times requesting that sources for its news stories be
    provided. The constitution states that journalists do not have to
    reveal their sources, even in court procedures.
        On September 11, the al-Quds editor in chief, Ezeddin Mohammed, was
    released from prison after serving eight months on charges of violating
    article 10 of the Press Proclamation, including counts of defamation
    and attempts to incite conflict between persons. The charges followed
    the newspaper's publication of articles criticizing a Ministry of
    Education directive on religious worship in schools. Although Ezedin
    was released, his 17-year-old son, Ahmed Ezedin, was arrested in the
    Afar region that same day. Ahmed was serving as the acting editor of
    al-Quds during his father's imprisonment. The arrest was purportedly
    the result of articles Ahmed had written criticizing the Islamic
    Council of Afar.
        There were no new developments in the April 2009 case in which the
    Government Communications Affairs Office summoned three VOA reporters--
    Peter Heinlein, Meleskachew Amha, and Eskinder Firew--and suspended the
    licenses of Meleskachew and Eskinder for three days for reasons that
    were never disclosed.
        There were no new developments in the July 2009 case in which
    unidentified individuals beat a journalist for Addis Neger, Abraham
    Begizew, who was attempting to report on a disagreement within the
    leadership of the Ethiopian Orthodox Church.
        In September 2009 Kassahun Addis, an Ethiopian citizen based in
    Addis Ababa who was a reporter for a foreign newspaper, fled the
    country due to a credible fear of unreasonable prosecution. There were
    no new developments in the case.
        In December 2009 Addis Neger, an Addis Ababa-based weekly newspaper
    often critical of government policies, ceased publication after months
    of reported government harassment. Three staff members--Abiy Tekle
    Mariam, Mesfin Negash, and Tamirat Negera--fled the country.
        In 2008 Dawit Kebede, then editor in chief of the weekly newspaper
    Awramba Times, was accused by the NEBE of violating electoral
    regulations by posting an advertisement for his newspaper on a poster
    promoting EPRDF candidates for local elections. Charges in the case
    were dropped in February.
        There were no developments in the 2008 case of Alemayehu
    Mahtemework and three staff members of the private Amharic monthly
    entertainment magazine Enku. The Government accused them of publishing
    ``stirring articles that could incite people'' and held them for five
    days before release. Alemayehu also was charged with threatening public
    order. The magazine continued operating during the year.
        Dawit Kebede and Wosseneged Gebrekidan, who were charged in 2008
    with inciting the public through false rumors by publishing articles
    about the Ginbot 7, were released on bail in December 2009.
        In 2008 two police officers, one from Addis Ababa and the other
    from Gonder, arrested Amare Aregawi, editor in chief of The Reporter,
    at his office. The arrest was in connection with a private libel suit
    brought by the Gonder-based, EPRDF-owned Dashen Brewery following a
    2008 story on a labor dispute at the brewery. Amare appeared in court
    in 2008 but learned there were no charges against him, and his bail
    money was returned to him. The article's author, Teshome Niku, appeared
    in court in 2008 and was released on bail of 300 birr ($18.32).
    Following his release Teshome reportedly received anonymous,
    threatening telephone calls and was beaten and intimidated by
    unidentified persons. In January 2009 a private newspaper reported that
    Teshome fled to Kenya. The Dashen Brewery manager filed defamation
    charges against Amare in August 2009. The Federal High Court 10th
    Criminal Bench ordered Amare to defend his case. Amare won, and the
    case was dropped in March.
        In 2008 Amare Aregawi was attacked by civilian assailants in front
    of his son's school. Three individuals, who admitted they had attacked
    Amare, appeared at the federal high court and testified that they were
    hired to attack him. Amare reported that he suspected he was attacked
    by government supporters threatened by his newspaper's reporting on
    corruption. There were no developments by year's end, although Amare
    continued to press for further investigation of the clique that hired
    the assailants to attack him.
        Several journalists remained in self-imposed exile, including
    journalists detained following the 2005 elections but released in 2007.
        Prime Minister Meles publicly announced on March 18 that he would
    authorize the jamming of VOA Amharic service broadcasts and compared
    the VOA to Radio Milles Collines, the Rwandan radio station that helped
    incite genocidal violence in 1994. VOA's Amharic services experienced
    jamming throughout the country from March until October.
        Ethiopian Satellite Television, based in Amsterdam and supported by
    the Ginbot 7 group, which espouses violent overthrow of the Government,
    reported periodic jamming of its service in Ethiopia, beginning in May,
    at the start of broadcasting.
        In June 2009 the EBA ordered the private radio station Sheger-FM
    (102.1) to cease all rebroadcasts of VOA programming. Sheger had been
    broadcasting some VOA programs daily, mostly music, through a
    contractual agreement. Sheger management resolved the issue with the
    EBA, which stated that the station needed preapproval from the
    Government to rebroadcast programs. After going through the proper
    procedure, Sheger resumed rebroadcasting of all VOA programs with the
    exception of a brief news show.
        In 2008 the parliament passed the Mass Media and Freedom of
    Information Proclamation. The law prohibits pretrial detention of
    journalists and censorship of private media, and it recognizes the
    right of journalists to form professional associations. However, the
    law allows only incorporated entities to publish print media, requires
    all previously licensed press to reregister, bars foreign and cross
    media (involving more than one form of media, i.e. print and radio)
    ownership, grants the Government the unlimited right to prosecute the
    media, criminalizes defamation of public officials, increases
    defamation fines to 100,000 birr ($6,105), establishes ``national
    security'' as grounds for impounding materials prior to publication,
    provides government information officials exclusive discretion to
    withhold ``sensitive'' information without judicial review, and
    maintains the Communication Affairs Office's authority to regulate the
    media.
        The Ministry of Information was dissolved in 2008. The new
    Communication Affairs Office reports directly to the prime minister.
    The EBA took over responsibility for press registration and oversight
    from the dissolved ministry. All existing newspapers and magazines were
    required to reregister with the EBA in 2009.
        In February 2009 the EBA issued a regulation barring newspaper and
    magazine publishers and those owning more than a 2 percent stake in a
    media house from holding the position of editor or deputy editor in
    their media houses.
        The Government used its licensing authority to censor the media
    indirectly. In June 2009 the Federal High Court denied an appeal and
    ruled that Sisay Agena, Serkalem Fasil, and Eskinder Nega could not be
    granted press licenses due to a 2005 court ruling that called for the
    dissolution of their former publishing companies. While the defendants
    had been acquitted of all charges and their former companies remained
    defunct, the court found that granting licenses to these individuals
    would be tantamount to circumventing the 2005 court ruling ordering the
    dissolution of the former companies.
        In February 2009 the Federal High Court dropped the fines levied
    against the same three publishers in 2008 for a combined amount of
    300,000 birr ($18,315), in connection with their newspapers' coverage
    of the 2005 elections. They appeared in court in 2008 and delivered a
    written petition citing the pardon law, which stipulates that pardons
    granted to persons automatically pertain to monetary penalties against
    them.
        In 2008 Ayele Chamisso, chairman of the CUD, filed charges against
    three private newspapers: Addis Neger, the Awramba Times, and the now-
    defunct Soressa. Ayele claimed that the newspapers used his party's
    name for other groups. The editor of the Awramba Times, Dawit Kebede,
    appeared in court in 2008 on defamation charges and was released on
    bail of 2,000 birr ($122.10). In December 2009 Ayele Chamisso asked the
    court to drop the charges against the three newspapers.

        Internet Freedom.--The Government restricted access to the Internet
    and blocked opposition Web sites, including the sites of insurgent
    groups advocating violent overthrow of the Government (OLF, ONLF,
    Ginbot 7) and several news blogs and Web sites run by opposition
    diaspora groups, such as Addis Neger, Nazret, Ethiopian Review,
    CyberEthiopia, Quatero Amharic Magazine, Tensae Ethiopia, and the
    Ethiopian Media Forum. The news Web site for VOA was inaccessible from
    March to October.
        In early March 2009, the Government lifted Internet restrictions on
    all domestic news Web sites and opposition Web sites for a short time.
    However, some Web sites, including Nazret.com, reported being blocked
    again soon after.
        In 2008 a press release by the CPJ stated that, according to
    reliable sources, its servers were inaccessible to users in the country
    and that e-mails from the country were not coming through to the CPJ.
    These reports emerged at the same time that the CPJ was investigating
    the detention of The Reporter editor in chief Amare Aregawi. The
    Reporter also alleged that its Web site was blocked for four days
    during this time. The CPJ's Web site was also inaccessible at other
    times during the year. The CPJ continued to report matters with e-mails
    and domestic access to its Web site.
        As of March 2009, the ETC reported 42,707 Internet subscribers.
    Citizens in urban areas had ready access to Internet cafes; however,
    rural access remained extremely limited. According to International
    Telecommunication Union statistics for 2008, approximately 0.45 percent
    of the country's inhabitants used the Internet. Mobile telephone text
    messaging was available countrywide. The number of mobile telephone
    subscribers was 6.1 million, according to the Ministry of Communication
    and Information.

        Academic Freedom and Cultural Events.--The Government restricted
    academic freedom during the year. Authorities did not permit teachers
    at any level to deviate from official lesson plans and actively
    prohibited partisan political activity and association of any kind on
    university campuses. Innumerable anecdotal reports suggest that non-
    EPRDF members were reportedly more likely to be transferred to
    undesirable posts and to be bypassed for promotions. There was a lack
    of transparency in academic staffing decisions, with numerous
    complaints from individuals in the academic community of bias based on
    party membership, ethnicity, or religion. Speech, expression, and
    assembly were frequently restricted on university and high school
    campuses. Several teachers who were members of, or were perceived to
    support, opposition parties--particularly in Oromia, Tigray, Amhara,
    and the SNNPR--reported being harassed by local officials and
    threatened with the loss of their jobs or transfers to distant
    locations.
        Some college students reportedly were pressured to pledge
    allegiance to the EPRDF to secure enrollment in universities or
    postgraduation government jobs. According to multiple credible sources,
    teachers and high school students in grade 10 and above were required
    to attend training at their schools on the subject of revolutionary
    democracy and EPRDF policies on economic development, land, and
    education. After the training attendees reportedly were routinely
    provided with EPRDF membership forms; as a result, some students were
    under the impression that they needed EPRDF membership to gain
    admission to university in the future.
        In August the Ministry of Education (MOE) disseminated a directive
    banning distance learning programs offered by both public and private
    universities and prohibiting private universities from offering degree
    programs in law and teacher education. The directive also required
    private universities to align their curriculum offerings with the
    previously announced MOE policy of a 70-to-30 ratio between science and
    social science academic programs. The directive permitted universities
    to complete ongoing courses, but no new enrollments were permitted. The
    directive disproportionately affected private universities, which were
    the primary purveyors of distance learning programs. Private university
    curricula also were heavily focused in the social sciences. MOE
    officials cited a need to maintain quality standards as the reason for
    the directive. In October the Government lifted the ban.

        b. Freedom of Peaceful Assembly and Association.--Freedom of
    Assembly.--The constitution and law provide for freedom of assembly;
    however, the Government restricted this right. Organizers of large
    public meetings or demonstrations must notify the Government 48 hours
    in advance and obtain a permit. Local government officials, invariably
    associated with the EPRDF, controlled access to municipal halls, and
    there were many complaints from opposition parties that local officials
    would deny or otherwise obstruct the scheduling of opposition parties
    to use halls for lawful political rallies.
        Regional governments, including the Addis Ababa regional
    administration, were reluctant to grant permits or provide security for
    large meetings.
        Multiple opposition political parties reported EPRDF partisans with
    cameras at the entryway of campaign rallies who would film opposition
    activists while they were entering, leaving, or participating in
    meetings. After a meeting the individuals pictured reportedly were
    harassed and intimidated to discontinue their support for the
    opposition party; sometimes they were detained.
        Opposition parties also often reported difficulty in obtaining use
    of local municipal halls, controlled by local officials who invariably
    were affiliated with the EPRDF, to hold public campaign events.
        In August 2009 the UDJ attempted to hold a town hall meeting in
    Adama after receiving permission from local authorities. Prior to the
    meeting, local authorities prevented the UDJ from displaying posters
    and announcing the meeting to the public. The meeting was disrupted by
    the shouts of several participants. Security guards did not attempt to
    stop the disruption. The meeting adjourned 15 minutes after it began.
    The Minister of Communications announced that the disruptions were
    illegal and that the Government would launch an investigation; however,
    at year's end there was no information reported on the conclusions.
        There were credible reports from Shakiso woreda of mass arrests and
    rough treatment of students and elderly citizens while they were
    attempting to protest the practices of the Laga Dembi mine in December
    2009. Residents claimed that the mine was releasing toxic waste into a
    nearby river. The Ministry of Mines and Energy and regional
    administration officials carried out a study to attempt to dispel
    rumors of environmental damage leading to miscarriages and still
    births, finding that such damages had never occurred. In December 2009
    police arrested more than 100 persons at a demonstration in
    anticipation of a response from local officials to their petition.
    Among those arrested were two political figures, Assefa Arure and
    Dulecha Robe. According to press reports, as well as a former member of
    parliament, Demboba Boku, on January 5-6, police arrested three
    students at Awassa University in connection with the riots.
        There were no developments in the 2008 beatings of Dejen town
    residents who were protesting the stalling by local officials of the
    residents' application for use of nearby farmland.

        Freedom of Association.--Although the law provides for freedom of
    association and the right to engage in unrestricted peaceful political
    activity, the Government limited this right in practice.
        In accordance with the Charities and Societies Proclamation (CSO
    law), adopted in February 2009, which entered into force in February,
    charities and civil society organizations (CSOs) were required to
    reregister by February with the recently established Charities and
    Societies Agency (CSA). The CSA was originally under the authority of
    the MOJ but was moved to the Ministry of Federal Affairs before the end
    of the year. According to the MOJ, there were 3,522 organizations
    registered before the CSO law was adopted, and, after the law, 1,655
    organizations reregistered.
        The Ministry of Foreign Affairs screens applications for
    international NGOs and submits a recommendation on whether to approve
    or deny registration.
        The Ethiopian Teachers' Association (ETA) has operated since 1967,
    but after the EPRDF took power in 1993, an alternate, pro-EPRDF ETA was
    established. In 1993 the original ETA and the Government-supported ETA
    began a prolonged legal battle over the organization's name and
    property rights. In 2008 the Court of Cassation ruled against the
    original ETA and awarded its name and property to the pro-EPRDF ETA
    (see section 7.a.). In 2008 the original ETA applied to the MOJ for
    registration as the National Teachers' Association but was denied
    registration.

        c. Freedom of Religion.--For a complete description of religious
    freedom, please see the 2010 International Religious Freedom Report at
    www.state.gov/g/drl/irf/rpt.

        d. Freedom of Movement, Internally Displaced Persons, Protection of
    Refugees, and Stateless Persons.--Although the law provides for freedom
    of movement within the country, foreign travel, emigration, and
    repatriation, the Government restricted some of these rights in
    practice.
        The Government severely restricted the movement of persons into and
    within the Ogaden area of the Somali region, arguing that the ONLF
    armed insurgency posed a security threat (see section 1.g.).
        The law prohibits forced exile, and the Government did not employ
    it. Several citizens sought political asylum or remained abroad in
    self-imposed exile, including prominent human rights advocates.
        In October the Government announced a new policy that allows exiled
    Eritreans living in Ethiopia to become permanent legal residents of
    Ethiopia with full entitlement to public services.

        Internally Displaced Persons (IDPs).--The Federal Disaster Risk
    Management and Food Security Sector (DRMFSS), under the authority of
    the Ministry of Agriculture and Rural Development, is the main
    government actor responsible for the emergency needs of IDPs, in
    collaboration with the Ministry of Health, Agriculture, and Water
    Resources. However, there was no coordination mechanism and no
    government policy dedicated particularly to IDPs and related matters.
    The DRMFSS mandate includes only assistance and not protection, return,
    resettlement, or finding durable solutions, and IDP matters are dealt
    with mostly on an ad hoc basis.
        The relationship between conflict and natural disaster-induced
    displacement in Ethiopia was complex. In some cases conflict has
    arguably exacerbated displacements caused by drought conditions (e.g.,
    those in the Somali region), resulting in mixed causes of displacement.
    The UN Office for the Coordination of Humanitarian Affairs estimated
    there were between 300,000 and 350,000 natural disaster and conflict-
    induced IDPs, including an estimated 62,259 from Gambella and 184,239
    from the Somali region and Oromia.
        In Gambella intercommunal conflict and cross-border conflict with
    residents of Sudan over resources continued to exacerbate
    vulnerabilities and lead to displacement. The regional government
    stated that the number of persons affected by conflict between clans
    was not available but acknowledged it was a concern. In addition the
    impact of raids by Murle and Lou Nuer Sudanese led to the displacement
    of residents from the woredas of Akobo, Jor, Jikawa, and Wantawa. A
    joint government and humanitarian partners' assessment, completed in
    March, indicated that approximately 11,460 households--57,300 persons--
    were displaced from the woredas of Mathar, Lare Itang, and Jor.
        In July 2009 Menit Goldia and Menit Shasha (Amhara region) woreda
    officials forced an estimated 5,500 Bench Maji persons from their homes
    for unknown reasons. Many fled to Addis and appealed to several
    government officials. Some also filed a complaint with the Office of
    the Ombudsman. Following a joint investigation by regional and zonal
    government authorities, a decision was made to allow those who settled
    in Menit Goldia and Menit Shasha woredas prior to August 1997 to
    resettle in their respective woredas. At the end of 2009, woreda
    officials continued discussions as to the process of resettlement.
    Those who arrived after August 1997 were sent back to the Amhara
    region. Vehicles were provided by the Amhara regional government, but
    most of the victims chose not to go because they considered themselves
    to be from the Welkite and Gojeb areas in the SNNPR.

        Protection of Refugees.--The law provides for the granting of
    asylum or refugee status in accordance with the 1951 Convention
    relating to the Status of Refugees, its 1967 Protocol, and the 1969
    Organization of African Unity Convention Governing the Specific Aspects
    of the Refugee Problem in Africa. 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 on account
    of their race, religion, nationality, membership in a particular social
    group, or political opinion, and it granted refugee status and asylum.
    The Government generally cooperated with the UN Office for the High
    Commissioner for Refugees (UNHCR) and other humanitarian organizations
    in assisting refugees and returning citizens. There were continued
    anecdotal reports that Ethiopian asylum seekers deported from Yemen
    were detained upon return to the country.
        In February, in cooperation with the UNHCR, the Government opened a
    new refugee camp, Melkadida, northwest of the town of Dolo Odo, near
    the border with Kenya and Somalia, to accommodate new Somali refugees,
    since Bokolmayo camp, which opened in April 2009, had reached its
    20,000-person capacity. The capacity of the new camp was 30,000
    refugees, and it held more than 22,659 refugees as of year's end. The
    UNHCR and the Government also planned to increase the population
    capacity of Bokolmayo to 30,000 to deal with the continued influx of
    Somali asylum seekers. Registration of new arrivals in the transit
    center in Dolo Odo averaged 1,700 per month.
        The number of Eritrean asylum seekers increased, with approximately
    1,000 to 1,500 new arrivals per month, according to the International
    Organization for Migration (IOM), compared with 800 to 1,000 in 2009.
    As in the previous year, approximately half, an estimated 500 to 750
    Eritrean refugees a month, departed monthly on secondary migration
    through Egypt and Sudan to go to Europe and other final destinations.
        In April the Government opened a new refugee camp for Eritreans,
    Adi Harush, located less than nine miles from My Ayni camp. The UNHCR
    continued to assist in the reception and transportation back to My Ayni
    or Adi Harushof more than 150 Eritrean refugees who had been detained
    in Egypt and deported by the Egyptian authorities. Overall, the UNHCR
    reported 44,823 Eritrean refugees living in Ethiopia at year's end. The
    UNHCR and the Government also reported a significant increase in the
    number of unaccompanied minors fleeing Eritrea. The population of such
    minors grew from 336, in December 2009, to 1,100 as of year's end.
    Unaccompanied minors in the 15- to17-year age group represented more
    than 75 percent of the total population of such minors, consisting of
    those individuals who stated that they fled Eritrea to avoid military
    conscription.
        In August the Government announced an out-of-camp policy for
    Eritrean refugees, a change to its previous requirement that all
    refugees remain in designated camps, most of which were located near
    the borders with Eritrea, Somalia, and Sudan, unless granted permission
    to live elsewhere in the country. Prior to this new policy, such
    permission was given primarily to attend higher education institutions,
    undergo medical treatment, or avoid security threats at the camps. The
    policy permitted Eritrean refugees to live outside the three camps
    located in the north of the country. The policy provided more freedom
    of movement to Eritrean refugees and eased the burden of providing
    services within the camps. There were more than 1,700 urban refugees
    registered with the UNHCR and the Government, most of them from
    Somalia, Eritrea, and the Democratic Republic of the Congo.
        The Government, in cooperation with the UNHCR, continued to provide
    temporary protection to individuals from Sudan, Eritrea, and Somalia
    who may not qualify as refugees under the 1951 convention and the 1967
    protocol.
        During the year the IOM processed 4,606 refugees who departed for
    resettlement abroad. While still ongoing, interest in Sudanese
    repatriation waned, and the UNHCR and the Government did not assist the
    return of any Sudanese refugees to their homes during the year.
        On January 18, police outside of My Ayni camp fired upon a car that
    failed to stop at a police checkpoint, killing one female refugee and
    seriously wounding two others. On June 12, police shot three Eritrean
    refugees, one fatally, at a police checkpoint outside My Ayni. In both
    instances the refugees were seeking to leave My Ayni for secondary
    migration to Sudan and Egypt. In response the UNHCR officially wrote to
    the Government to request an investigation.
        On April 28, nine Somali refugees from Kebrebeyah refugee camp were
    arrested on suspicion of affiliation with the ONLF. All were released
    later without charge. On June 30, one refugee from Kebrebeyah was
    sentenced to eight years in prison for having links to the ONLF.
        At years' end four of the refugees arrested in December 2009
    remained in prison without charge. The Administration of Refugee and
    Returnee Affairs, an Ethiopian government agency, but not the UNHCR,
    had access to the prisoners.
        As in 2009 there were no allegations of government cooperation with
    the Government of Sudan in the forcible repatriation of Ethiopian
    refugees. In 2009 there were instances of refoulement, in which
    Ethiopian refugees from Somaliland and Puntland were turned over to
    government security forces.
        There were no developments in the ongoing investigation of the
    December 2009 arrest of eight Kebrebeya camp refugees by police and the
    subsequent killing of three of them by the military. The Government
    asserted that the individuals were IDPs, not refugees. When shown proof
    from the UNHCR database that the individuals were indeed registered
    refugees, authorities alleged the individuals were Ethiopians posing as
    refugees. The UNHCR transferred two of the families of the refugees
    involved in the incident away from Kebrebeyah due to continued
    harassment by security forces. At year's end the Government continued
    to investigate the incident.
    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. In practice the country has never had a peaceful
    change of government, and the ruling EPRDF and its allies dominated the
    Government. In simultaneous national and regional parliamentary
    elections in May, the EPRDF received approximately 79 percent of the
    total votes cast but won more than 99 percent of all legislative seats.
    Election day was peaceful, as 93 percent of registered voters cast
    ballots, but independent observation of the vote was severely limited.
    Accredited diplomats were restricted to the capital and barred from
    proximity to polling places. Although those few independent observers
    allowed access to the process did not question the EPRDF victory, there
    was ample evidence that unfair government tactics--including
    intimidation of opposition candidates and supporters--influenced the
    extent of that victory. International observation was limited to 60
    observers from the African Union (AU), who arrived on May 16 for the
    May 23 vote, and 120 observers from the EU, some of whom arrived as
    early as February. In preliminary comments following the elections, the
    AU pronounced them free and fair. The EU concluded that the elections
    fell short of international standards for transparency and failed to
    provide a level playing field for opposition parties. Overall the EU
    observed a ``climate of apprehension and insecurity,'' noting that the
    volume and consistency of complaints of harassment and intimidation by
    opposition parties was ``a matter of concern'' and had to be taken into
    consideration ``in the overall assessment of the electoral process.''

        Elections and Political Participation.--The constitution provides
    citizens the right to freely join political organizations of their
    choice; however, in practice these rights were restricted through
    bureaucratic obstacles and government and ruling party intimidation,
    harassment, and arrests, with physical threats and violence used by
    local officials and EPRDF operatives, local police, and shadowy local
    militias under the control of local EPRDF operatives.
        In the May national and regional parliamentary elections, the EPRDF
    and its affiliates won 2,450 of 2,453 seats. Coupled with the 2008
    local elections, in which the EPRDF and its affiliates took all but
    four of 3.4 million seats after a boycott by most of the opposition,
    the May electoral cycle solidified the EPRDF's political domination at
    every level of government.
        An environment conducive to free and fair elections was not in
    place in the two years prior to the May elections. The EPRDF employed
    advantages of incumbency to restrict political space for opposition
    candidates and activists. On the federal level, a series of reforms
    passed by the EPRDF-dominated parliament allowed the EPRDF to
    progressively narrow the freedom of opposition parties and civil
    society organizations to participate in the elections process. The
    parliament enacted a code of conduct that created a system of ``joint
    councils'' through which political parties could present all manner of
    complaints for peer review and arbitration. In practice only 16 of the
    637 joint councils envisioned for the country were in fact formed, and
    only the Addis Ababa Joint Council took up cases in earnest. In an
    April speech, Prime Minister Meles threatened opposition leaders with
    postelection criminal prosecution for unspecified violations of the
    electoral code of conduct; however, there were no prosecutions by
    year's end. At the local level, thousands of opposition activists
    complained of EPRDF-sponsored mistreatment, ranging from harassment in
    submitting candidacy forms to beatings by local militia members, and
    complained further that there was no non-EPRDF dominated forum to which
    to present those complaints. Although the law provides for partial
    public funding of campaigns, in practice opposition parties received
    very little public funding, since funding was allocated on the basis of
    the number of seats held by each party in the parliament. The law also
    permits private citizens and companies to contribute to campaigns, but
    recently enacted disclosure rules likely limited contributions to
    opposition parties. The EPRDF entered the election season with millions
    of dollars, whereas major opposition parties were virtually bankrupt.
        The parliament also enacted the CSO law, which prohibited NGOs with
    greater than 10 percent foreign funding from participating in the
    elections process. This essentially eliminated independent civil
    society participation in the elections.
        Voter education efforts, previously undertaken by civil society,
    were taken over exclusively by the NEBE, which launched its voter
    education campaign only days before the election and limited it to
    instruction on finding polling stations and completing ballots. The
    major educational effort that would have been required to explain to
    voters, the majority of whom were illiterate, that they were free to
    vote for whomever and whichever party they chose was not undertaken.
        The EPRDF controlled all 112 seats in the House of Federation, the
    upper house of parliament, whose members were appointed by regional
    governments and by the federal government. The primary role of the
    Upper House is to judge, as necessary, the constitutionality of the
    laws passed by the lower house and to allocate financial resources from
    the federal government to the regions.
        An opposition candidate for the federal parliament, Aregawi
    Gebreyohannes, was killed on March 2, in western Tigray. He was a
    member of the Arena Tigray Party, which belonged to the Forum
    opposition coalition. The party chief, Gebru Asrat, said that the
    killing came after weeks of harassment and multiple politically
    motivated arrests of Aregawi. The Government stated that the death
    stemmed from a personal dispute and confrontation between Aregawi and
    Tsige Berhane, a customer in Aregawi's restaurant. Tsige was convicted
    of murder on March 10 and sentenced to 15 years in prison.
        On April 16, Biyansa Daba died in an Addis Ababa hospital. Members
    of Biyansa's family and Forum coalition leaders claimed that Biyansa
    was a Forum activist who had been repeatedly harassed and physically
    abused by local officials, police, and militia in his home village of
    Balemi, in Oromia. Biyansa's family and neighbors said that he had been
    severely beaten by local police and militia outside his home
    approximately two weeks before his death and had sought medical
    treatment in Balemi and Ambo before being transferred to an Addis Ababa
    hospital. Local officials and police insisted that Biyansa was an EPRDF
    supporter, denied that any beating took place, and did not investigate
    the allegations. EPRDF leaders in Addis Ababa insisted that Biyansa
    died of natural causes and produced an autopsy report to that effect.
    Dergis Merera, a close friend of Biyansa's who said he witnessed the
    beating and saw the medical records, stated that Biyansa's death was
    the result of trauma from the beatings. Dergis was arrested in May and
    convicted of ``organizing an uprising to disrupt the constitutional
    order.'' He was released from Ambo prison in September.
        The Government policy of ethnic federalism led to the creation of
    individual constituencies to provide for representation of all major
    ethnic groups in the House of People's Representatives. There were more
    than 80 ethnic groups, and small groups lacked representation in the
    legislature. There were 24 nationality groups in six regional states
    (Tigray, Amhara, Beneshangul, SNNPR, Gambella, and Harar) that did not
    have a sufficient population to qualify for constituency seats based on
    the 2007 census result; however, in the May elections, individuals from
    these nationality groups competed for 24 special seats in the House of
    People's Representatives. Additionally these 24 nationality groups have
    one seat each in the unelected, largely ceremonial House of Federation.
        During the year the United Ethiopian Democratic Forces, UDJ, OFDM,
    Arena Tigray for Democracy and Sovereignty, and OPC reported arrests of
    members and the forced closure of political party offices throughout
    the country, as well as intimidation of landlords to force them to
    evict the political groups (see section 1.d.).
        During the year some opposition political leaders, including
    federal and regional members of parliament (MPs), were discouraged or
    physically blocked from traveling to their constituencies to meet with
    supporters, although others visited constituents without incident. In
    January police and militia in the Oromia region, as well as civilians,
    allegedly physically harassed two senior leaders of OPC when they tried
    to register candidates.
        Reporting from Human Rights Watch further documented preelection
    intimidation and harassment of opposition candidates and activists by
    the Government and the EPRDF. In the period prior to the election, the
    Government jammed both VOA and Deutsche Welle Ethiopian-language
    broadcasts and blocked their Web sites, a state of affairs that lasted
    until October.
        There were 152 women in the House of People's Representatives, two
    female judges on the 11-seat Supreme Court, and three women among the
    39 state ministers.
        Membership in the EPRDF conferred advantages upon its members; the
    party directly owned many businesses and was broadly perceived to award
    jobs and business contracts to loyal supporters. There were frequent
    reports that local authorities told opposition members to renounce
    their party membership and become EPRDF members if they wanted access
    to subsidized seeds and fertilizer; food relief; civil service job
    assignment, promotion, or retention; student university assignment and
    postgraduate employment; and other benefits controlled by the
    Government.
        During the year there were credible reports that teachers and other
    government workers had their employment terminated if they belonged to
    opposition political parties. According to opposition groups such as
    the OFDM and the OPC, the Oromia regional government continued to
    threaten to dismiss opposition party members--particularly teachers--
    from their jobs.
        Registered political parties must receive permission from regional
    governments to open and occupy local offices. There were, however,
    reports of opposition parties closing offices due to coercion by local
    officials. A common tactic reported was to intimidate landlords into
    evicting their political party tenants. Another factor that influenced
    the closing of offices was a decrease in the availability of funding.
    For example, the OPC had no more than seven offices, down from more
    than 100 in 2005.
        The political leaders of the OPC, Major Mekonnen Geleta and Colonel
    Asrat Tekalegne, alleged that supporters of the ruling party, including
    EPRDF woreda officials, beat and intimidated them as they tried to
    register their party's candidates for the May election. They did not
    pursue legal action, stating that appeal to the EPRDF-dominated local
    institutions would be pointless and potentially dangerous.
        Merera Gudina, the chairman of the OPC, stated that he was unable
    to register candidates in five woredas; that security forces attacked
    and damaged an OPC vehicle, stole party documents, and beat
    representatives traveling to East Wallega to register candidates; that
    the police in the Somali region prevented him from holding a rally by
    dispersing the crowd; and that of 38 events planned at the woreda
    level, he was able to hold only six.
        There were no developments in the 2008 beating of federal MP Gutu
    Mulisa and suspected CUD supporter Bilisuma Shuge.
    Section 4. Official Corruption and Government Transparency
        The law provides criminal penalties for official corruption.
    Corruption remained a problem, particularly among traffic police who
    routinely solicited bribes. The World Bank's 2009 Worldwide Governance
    Indicators made it clear that corruption remained a serious problem.
        The MOJ has primary responsibility for combating corruption,
    largely through the Federal Ethics and Anti-Corruption Commission
    (Ethics Commission). A combination of social pressure, cultural norms,
    and legal restrictions limited corruption. However, some government
    officials appeared to manipulate the privatization process, and state-
    and party-owned businesses received preferential access to land leases
    and credit.
        In March parliament passed the Disclosure and Registration of
    Assets Proclamation, requiring that all government officials and
    employees officially register their wealth and personal property. The
    registration of assets of government officials began in December. At
    year's end the president, prime minister, and all the cabinet-level
    ministers registered their assets.
        On April 22, the Federal High Court handed down sentences of two to
    15 years, in addition to fines, for seven defendants accused of
    corruption in connection with a scheme to sell land in Addis Ababa
    illegally. Behailu Lemma Dinku, a former technician in the Land and
    Housing Department, created two front companies to appropriate 205
    million birr ($12.5 million) worth of city land illegally; two
    employees of the land-leasing company acted as his chief accomplices,
    formalizing the fake associations.
        The Federal Ethics and Anti Corruption Commission released a
    statement claiming that from March through May, 110 persons convicted
    of corruption were sentenced to prison terms ranging from one to 21
    years and fined amounts ranging from 3,000 to 5,000 birr ($183 to
    $305). The statement said that the individuals were found guilty of
    abusing power, embezzling public property, receiving bribes, and
    administrative mismanagement. Among the individuals sentenced to 21
    years was the previous finance section head of the Federal Courts Law
    Enforcement Division, Goshu Andualem, and the former manager of the
    land development office of the Kolfe subcity in Addis Ababa, Wondwosen
    Alemu. Nineteen of the 110 individuals convicted were reported to be
    women.
        Government tenders were occasionally discontinued after bids were
    received, rereleased several times without being filled, or awarded to
    bidders with strong links to the Government and ruling party with
    little to no transparency in these processes or reviews.
        In February 2009 the Ethics Commission reported that it conducted
    investigations on and arrested 203 corruption suspects from August 2008
    to January 2009. The Ethics Commission also reported it held a training
    session for 553 persons on the concept of ethics, the anticorruption
    law, and corruption-prevention strategies.
        In October 2009 federal MP Belete Etana Disassa published
    allegations of several instances of serious corruption within the
    federal government, including illegal procurement, unlawful payments,
    and unaccounted spending amounting to more than 2.5 billion birr ($152
    million).
        In December 2009 the Federal High Court sentenced nine army
    officers and Kolfe-Keranyo subcity officials of Addis Ababa to from
    seven to 10 years' imprisonment and fines of 5,000 to 10,000 birr ($305
    to $620) for illegally possessing land worth more than 6.7 million birr
    ($409,000) for personal gain.
        In 2008 the Ethics Commission arrested Tesfaye Birru, former ETC
    managing director, and 12 other senior management staff and accused
    them of approving an equipment and technology contract that violated
    government bid regulations and cost 1.52 billion birr ($92.7 million).
    In August the ETC found that the evidence against Tesfaye and the
    others presented a prima facie case of corruption and ordered the 12
    defendants to present their cases, which were pending at year's end.
        In 2008 the Ethics Commission accused eight high-ranking National
    Bank officials of involvement in a gold scandal worth 158 million birr
    ($9.7 million). The Federal High Court ordered the defendants to
    present their cases. The cases were pending at year's end.
        Police and judicial corruption continued to be problems.
        The law provides for public access to government information, but
    access was largely restricted in practice. The Press Law, passed in
    2008, included freedom of information provisions.
        The Government publishes its laws and regulations in the national
    gazette prior to their taking effect. The Communication Affairs Office
    managed contacts between the Government, the press, and the public;
    however, the private press reported that the Government routinely
    refused to respond to queries from the private press.
    Section 5. Governmental Attitude Regarding International and
            Nongovernmental Investigation of Alleged Violations of Human
            Rights
        A few domestic human rights groups generally operated, although
    with significant government restriction. The Government was generally
    distrustful and wary of domestic human rights groups and international
    observers. Particularly in the period prior to the May national
    elections, continuing through the immediate postelection environment,
    the national media were critical of international human rights groups
    such as Human Rights Watch (HRW), which they accused of promoting
    subversive ``neoliberal'' and ``rent-seeking'' agendas, and the
    Government restricted diplomatic movements in the country around the
    time of the election.
        Both before and after the May national elections, small
    demonstrations were instigated against HRW. HRW was strongly criticized
    for interference in internal country affairs. On November 8, the EU
    Election Observer Mission issued its final report on the elections,
    criticizing what it described as an electoral process that ``fell short
    of international commitments for elections, notably regarding the
    transparency of the process and the lack of a level playing field for
    all contesting parties.'' It described ``the blurring of the
    distinction between the ruling party and the local administration'' at
    the kebele level, and it found discrepancies between the final results
    from polling stations and the previously recorded vote counts in 27
    percent of observed cases.
        On February 13, the CSO law entered into force following a one-year
    grace period. During the grace period, NGOs and CSOs had to complete
    new registration processes. The law prohibits charities, societies, and
    associations (NGOs or CSOs) that receive more than 10 percent of their
    funding from foreign sources from engaging in activities that promote
    human rights and democracy; the rights of children and persons with
    disabilities; equality among nations, nationalities, people, genders,
    and religions; conflict resolution or reconciliation; and the promotion
    of justice. During the grace period, leading human rights defender
    organizations adjusted by registering either as local charities,
    meaning that they could not raise more than 10 percent of their funds
    from foreign donors, or as ``Resident Charities,'' which allowed
    donations but prohibited activities in the enumerated areas.
        Two prominent human rights defender organizations--EHRCO and the
    Ethiopian Women Lawyers' Association (EWLA)--registered as local
    charities to preserve their mission and adjust to the law. For EHRCO
    the only organization in the country doing actual investigation and
    reporting on alleged human rights abuses, the readjustment also
    included dropping its ``Ethiopian'' designation, since it could not
    afford to retain offices in at least five regions, as required by the
    CSO law. Therefore, it eliminated ``Ethiopian'' from its name and
    registered as HRCO. The CSA set up by the Government to oversee NGOs
    froze the accounts of these two and four other organizations, claiming
    that funds raised in 2009 would have to be cross-checked against the
    annual work plan for the year. Donors demanded that the seized assets
    be returned to the organizations, or at least to donors, but the matter
    remained unresolved at year's end.
        EWLA was the prominent women's rights advocacy NGO providing
    support services to disadvantaged women in three major areas: research
    and advocacy to find gender gaps and suggest amendments to the national
    laws, legal aid to support victims of violence and resolve civil
    problems in marriage relations as well as employment, and public
    education to influence aspects of the traditional outlook that are
    harmful to women and girls. Due to financial cutbacks, EWLA
    significantly reduced its public education program, decreased its staff
    by 70 percent, and closed its hotline.
        Other prominent organizations, such as the Ethiopian Bar
    Association were compelled to seek reregistration under new names,
    since their names were appropriated by new, identical associations
    organized by the EPRDF.
        There were 3,522 organizations registered before the CSO law was
    adopted, and, after the law 1,655 organizations reregistered. The
    Government maintained that the majority of the organizations that did
    not reregister had not functioned organizations prior to the
    reregistration process.
        The Government harassed individuals who worked for domestic human
    rights organizations. For example, in June 2009 Werebabo woreda
    officials in South Wollo zone arrested EHRCO investigator Mulugeta
    Fentaw in Bistima town. He was charged with stealing 200 birr ($12.21)
    and sentenced to eight months in prison. In July 2009 the zonal high
    court dismissed the case (see section 1.d.).
        The Government generally cooperated with international
    organizations such as the UN. In 2009 with the assistance of the Office
    of the High Commissioner for Human Rights, East Africa Regional Office,
    the Government undertook a project to prepare all of its overdue
    initial, combined, and periodic reports required under various
    international and regional human rights instruments, and by year's end
    all reports were completed, with the process of review in various
    committees underway.
        The Government continued to restrict Somali region access to the
    MSF and other NGOs (see section 1.g.).
        The Government denied NGOs access to federal prisons, police
    stations, and political prisoners. There were credible reports that
    security officials continued to intimidate or detain local individuals
    to prevent them from meeting with NGOs and foreign government officials
    investigating allegations of abuse.
        In May 2009 state-owned Ethiopian Television broadcast a three-part
    documentary claiming to refute cases of human rights abuses documented
    by foreign observers. The Ministry of Foreign Affairs initiated an
    ostensible ``investigation'' conducted by the Ethiopian News Agency
    (ENA), a part of the Government Communication Affairs Office. Human
    rights abuse victims and their families, neighbors, and friends were
    questioned by ENA officials, sometimes while being recorded on video
    and escorted by armed security officers. The testimony by individuals
    confirming their stories of abuse to these investigators was excised
    from the final documentary report. The Government-established Ethiopian
    Human Rights Commission, which is funded by the parliament and subject
    to parliamentary review, investigates human rights complaints and
    produces both annual and thematic reports, although it did not release
    any reports during the year. The Office of the Ombudsman has the
    authority to receive and investigate complaints with respect to
    administrative mismanagement by executive branch offices. The office
    received hundreds of complaints during the year, mainly focused on
    delays or denials in services, improper institutional decisions,
    promotions or demotions, and pension matters. It was not known which
    complaints were investigated or acted upon.
    Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
        The constitution provides all persons equal protection without
    discrimination based on race, nation, nationality, or other social
    origin, color, gender, language, religion, political or other opinion,
    property, birth, or status; however, in practice the Government did not
    fully promote and protect these rights.

        Women.--The constitution provides women the same rights and
    protections as men. Harmful Traditional Practices (HTPs) such as FGM,
    abduction, and rape are explicitly criminalized; however, enforcement
    of these laws was inconsistent. To address this, the Government
    established a National Commission for Children's and Women's Affairs in
    2005, as part of the EHRC, to investigate alleged human rights
    violations against women and children.
        Women and girls experienced gender-based violence daily, but it was
    underreported due to cultural acceptance, shame, fear, or a victim's
    ignorance of legal protections. The National Committee for Traditional
    Practices in Ethiopia identified 120 HTPs. One of the most prevalent
    HTPs, FGM, was still widespread but declining. In 2000 the Ethiopian
    Demographic and Health Survey found that FGM was practiced on 80
    percent of all women surveyed, while the total dropped to 74 percent of
    all women surveyed in 2005. Furthermore, the number of younger women
    subjected to FGM was declining more rapidly; in 2005, 81 percent of
    women ages 35-39 had been subjected to FGM, compared with 62.1 percent
    of women ages 15-19. The same survey found that four in five women who
    had been subjected to FGM in the Somali region, and three in five in
    the Afar region, underwent infibulation, the most severe form of FGM.
    In the context of gender-based violence, significant gender gaps in the
    justice system remained, due to poor documentation, inadequate
    investigation, and lack of special handling of cases involving women
    and children.
        The law criminalizes rape and provides penalties of five to 20
    years' imprisonment, depending on the severity of the case; however,
    the law does not expressly address spousal rape. The Government did not
    fully enforce the law, partially due to widespread underreporting. The
    Addis Ababa 2006 annual police report listed 736 rape cases in an
    estimated population of 3.5 million persons; the true incidence may
    have been much higher. More recent statistics on the number of abusers
    prosecuted, convicted, or punished were not available. However, EWLA
    reported that in 2006, 558 rape cases were reported and 281 offenders
    were punished. Additionally, in 2005, 938 incidents of rape were
    reported; however, only 103 offenders were punished. The length of
    imprisonment for offenders in both years was unknown.
        Domestic violence, including spousal abuse, was a pervasive social
    problem. The 2005 Demographic and Health Survey (DHS) found that 81
    percent of women believed a husband had a right to beat his wife. A
    2005 World Health Organization study found that in two rural districts
    in SNNPR, Meskan and Mareko, 71 percent of women were subject to
    physical or sexual violence, or both, by an intimate partner during
    their lifetime. Although women had recourse to the police and the
    courts, societal norms and limited infrastructure prevented many women
    from seeking legal redress, particularly in rural areas. The Government
    prosecuted offenders on a limited scale. Domestic violence is illegal
    under the criminal code. Depending on the severity of damage inflicted,
    punishment varies from small fines to imprisonment for up to 10 to 15
    years. During the year the Government expanded its efforts to combat
    domestic violence by setting up a hotline run by the Federal Police,
    under the Ministry of Federal Affairs; another domestic violence
    hotline established by EWLA was closed due to budget constraints. In
    addition police officers were required to receive domestic violence
    training from domestic NGOs and the Ministry of the Women's Affairs.
    There is a deputy commissioner of women's and children's rights in the
    EHRC.
        Sexual harassment was widespread. The penal code prescribes 18 to
    24 months' imprisonment; however, harassment-related laws were not
    enforced.
        The law sets the legal marriage age for girls and boys at 18;
    however, this law was not uniformly enforced. The 2005 DHS found that
    among women ages 25-49, 66 percent were married by age 18 and 79
    percent were married by age 20. The median age at first marriage among
    women ages 25-49 was 16.1 years of age, with a range of 14.2 years in
    Amhara to 21.9 years in Addis Ababa. There was little change in these
    numbers between the 2000 and 2005 studies, although it appeared that
    there was a small decline in marriages at the earliest ages.
        In 2004 the Ministry of Health launched an ambitious Health Sector
    Development Program that significantly increased access to health care,
    especially in rural areas. The Health Extension Program (HEP) supports
    a paid health extension worker at a health post in every area with a
    population of at least 5,000; health posts feed into a health center
    that provides limited services. The HEP contributed significantly to
    increases in access to improved water and sanitation, family planning,
    and immunization, which in turn have drastically improved health
    indicators. For example, according to the 2000 DHS, the contraceptive
    prevalence rate among married women was 8 percent, of which 6.3 percent
    used modern methods. This increased to 14.7 percent in 2005, with 13.9
    percent of that due to modern methods. The DHS's 2009 Last Ten
    Kilometers Project baseline survey reported a contraceptive prevalence
    of 32 percent in the four most populous agrarian regions (accounting
    for 80 percent of the country's population). Similarly, under-five
    mortality declined from 166 deaths per 1,000 live births in 2000 to 123
    deaths per 1,000 live births in 2005 (DHS). Infant mortality declined
    from 97 to 77 per 1,000 live births. Maternal mortality rates declined
    from 871 in 2000 to 673 in 2005.
        Discrimination against women was most acute in rural areas, where
    85 percent of the population was located. The law contains
    discriminatory regulations, such as the recognition of the husband as
    the legal head of the family and the sole guardian of children over
    five years old. Courts generally did not consider domestic violence a
    justification for granting a divorce. There was limited legal
    recognition of common law marriage. Irrespective of the number of years
    the marriage existed, the number of children raised, and joint
    property, the law entitled women to only three months' financial
    support if a relationship ended. A common-law husband had no obligation
    to provide financial assistance to his family, and as a result, women
    and children sometimes faced abandonment. Notwithstanding progressive
    provisions in the formal law, such as the family law passed in 2000,
    traditional courts continued to apply customary law in economic and
    social relationships.
        According to the constitution, all land belongs to the Government.
    However, both men and women have land-use rights, which they can pass
    on as an inheritance as long as their offspring are also engaged in
    farming. Those who use the land may rent all or a portion of their land
    according to regional land laws, which vary from region to region. In
    Amhara one may rent up to 100 percent of one's land for a maximum of 25
    years; in Tigray and SNNPR, up to 50 percent of land may be rented for
    a maximum of 20 years; in Oromia the maximum duration of the lease is
    15 years. All recently passed federal and regional land laws empower
    women to access government land. Inheritance laws also enable widowed
    women to inherit joint property they acquire during marriage. At year's
    end Gambella and Benishangul-Gumuz had not passed regional land
    policies.
        In urban areas women had fewer employment opportunities than men,
    and the jobs available did not provide equal pay for equal work.
    Women's access to gainful employment, credit, and the opportunity to
    own and/or manage a business was further limited by their low level of
    education and training, traditional attitudes, and limited access to
    information.
        The MOE reported that female participation in undergraduate and
    postgraduate programs had increased to 90,938 in 2008-09 from 33,146 in
    2004-05, due to the expansion of higher-learning institutions,
    awareness training, and the establishment of gender offices in
    universities.

        Children.--The constitution provides a comprehensive list of rights
    for children. Citizenship is derived from one's parents.
        The Government supported efforts by domestic and international NGOs
    that focused on children's social, health, and legal issues, despite
    its limited ability to provide improved health care, basic education,
    or child protection. As a policy primary education was universal,
    tuition-free, and compulsory; however, there were not enough schools to
    accommodate the country's youth, particularly in rural areas. The cost
    of school supplies was prohibitive for many families, and there was no
    legislation to enforce compulsory primary education.
        Child abuse was widespread. Unlike in previous years there was no
    training of police officers on procedures for handling cases of child
    abuse. One NGO that assisted in the training lost foreign funding
    because of the CSO law and had ceased its operations.
        A 2009 study conducted by the African Child Policy Forum revealed
    that prosecuting offenders for sexual violence against children was
    difficult due to inconsistent interpretation of laws among legal bodies
    and the offender's right to bail, which often resulted in the offender
    fleeing or coercing the victim or the victim's family to drop the
    charges.
        Societal abuse of young girls continued to be a problem. HTPs
    included FGM, early marriage, marriage by abduction, and food and work
    prohibitions. A 2006 African Child Policy Forum retrospective survey
    indicated that 68.5 percent of girls surveyed had been sexually abused
    and 84 percent had been physically abused.
        The majority of girls and women in the country had undergone some
    form of FGM. Girls typically experienced clitoridectomies seven days
    after birth (consisting of an excision of the clitoris, often with
    partial labial excision) and faced infibulation (the most extreme and
    dangerous form of FGM) at the onset of puberty. A 2008 study funded by
    Save the Children Norway reported a 24 percent national reduction in
    FGM cases over the past 10 years, due in part to a strong anti-FGM
    campaign. The penal code criminalizes practitioners of clitoridectomy,
    with imprisonment of at least three months or a fine of at least 500
    birr ($30.53). Likewise, infibulation of the genitals is punishable
    with imprisonment of five to 10 years. However, no criminal charges
    have ever been brought for FGM. The Government discouraged the practice
    of FGM through education in public schools and broader mass media
    campaigns.
        In the Afar region older men continued to marry young girls, but
    this traditional practice continued to face greater scrutiny and
    criticism. Local NGOs, such as the Kembatta Women's Self-Help Center
    and the Tigray Women's Association, also influenced societal attitudes
    toward HTPs and early marriage in their areas. Child marriage was a
    problem particularly in Amhara and Tigray, where girls were routinely
    married as early as age seven, despite the legal minimum age of 18 for
    marriage. Regional governments in Amhara and Tigray ran programs to
    educate young women on issues associated with early marriage. There
    were some signs of growing public awareness in communities of the
    problem of abuse of women and girls, including early marriage.
        Marriage by abduction is officially illegal, although it continued
    in some regions, including the Amhara, Oromia, and SNNPR, despite the
    Government's attempts to combat the practice. Forced sexual
    relationships accompanied most marriages by abduction, and women often
    experienced physical abuse during the abduction. Abductions led to
    conflicts among families, communities, and ethnic groups. In cases of
    marriage by abduction, the perpetrator did not face punishment if the
    victim agreed to marry the perpetrator. EGLDAM (Ethiopia Goji Limadawi
    Dirgitoch Aswogaj Mahibar), the former National Committee for
    Traditional Practices in Ethiopia, reported in June that there were
    significant decreases in this practice in all regions over the past
    decade. Overall, 25 percent of women ages 60 and above reported
    marriage by abduction, but only 8 percent of women under age 30
    reported this practice.
        The commercial sexual exploitation of children continued during the
    year, particularly in urban areas. Girls as young as age 11 reportedly
    were recruited to work in brothels, often sought by customers who
    believed them to be free of sexually transmitted diseases. Girls were
    also exploited as prostitutes in hotels, bars, resort towns, and rural
    truck stops. Reports indicated that some young girls were forced into
    prostitution by their family members. Within the country children were
    trafficked from rural to urban areas for domestic service, commercial
    sexual exploitation, and forced labor in street vending and other
    activities. Reports indicated that children were trafficked from Oromia
    and SNNPR to other regions of the country for forced or bonded labor in
    domestic service.
        According to a Ministry of Labor and Social Affairs (MOLSA) report,
    approximately 150,000 children lived on the streets, and 60,000 of
    these children lived in the capital. The MOLSA report stated that the
    problem was exacerbated because of families' inability to support
    children, due to parental illness and insufficient household income.
    These children begged, sometimes as part of a gang, or worked in the
    informal sector. Government and privately run orphanages were unable to
    handle the number of street children, and older children often abused
    younger ones. ``Handlers'' sometimes maimed or blinded children to
    raise their earnings from begging.
        There were reports during the year of recruitment of child soldiers
    in connection with the Somali region conflict (see section 1.g.).
        There were an estimated 5.4 million orphans in the country,
    according to the report of Central Statistics Authority. Government-run
    orphanages were overcrowded, and conditions were often unsanitary. Due
    to severe resource constraints, hospitals and orphanages often
    overlooked or neglected abandoned infants. Children did not receive
    adequate health care, and several infants died due to lack of adequate
    medical attention. There were multiple international press reports that
    parents received payment from some adoption agencies to relinquish
    their children for international adoption, and that some agencies
    concealed the age or health history of children from their adoptive
    parents. The Government was slow to investigate these allegations.
        The country is not a party to the 1980 Hague Convention on the
    Civil Aspects of International Child Abduction.

        Anti-Semitism.--The Jewish community numbered approximately 2,000;
    there were no reports of anti-Semitic acts.

        Trafficking in Persons.--For information on trafficking in persons,
    please see the Department of State's annual Trafficking in Persons
    Report at www.state.gov/g/tip.

        Persons With Disabilities.--The constitution does not mandate equal
    rights for persons with disabilities. However, two laws prohibit
    discrimination against persons with physical and mental disabilities in
    employment and mandate access to buildings.
        The Right to Employment of Persons with Disabilities Proclamation,
    gazetted in 2008, prohibits employment discrimination on the basis of
    disability. It also states that employers are responsible for providing
    appropriate working or training conditions and materials to persons
    with disabilities. The law specifically recognizes the additional
    burden on women with disabilities. The Government took limited measures
    to enforce the law. For example, the Government assigned interpreters
    for hearing-impaired civil service employees.
        The Ethiopian Building Proclamation, gazetted in May 2009, contains
    an article that mandates building accessibility and accessible toilet
    facilities for persons with physical disabilities. In addition
    landlords are required to give persons with disabilities preference for
    ground-floor apartments, and this was respected in practice.
        Women with disabilities were more disadvantaged than men in
    education and employment. An Addis Ababa University study showed that
    female students with disabilities were subjected to a heavier burden of
    domestic work than their male peers. The enrollment rate for girls with
    disabilities was lower than for boys at the primary school level, and
    this gap increased at higher levels of education. Girls with
    disabilities also were much more likely to suffer physical and sexual
    abuse than able-bodied girls.
        There were approximately seven million persons with disabilities,
    according to the Ethiopian Federation of Persons with Disabilities.
    There was one mental hospital and an estimated 10 psychiatrists in the
    country. There were several schools for hearing and visually impaired
    persons and several training centers for children and young persons
    with intellectual disabilities. There was a network of prosthetic and
    orthopedic centers in five of the nine regional states.
        The CSO law that went into effect in February prohibits
    organizations receiving more than 10 percent of their funding from
    foreign sources from promoting the rights of persons with disabilities.
    Several domestic associations, such as the Ethiopian National
    Association of the Blind, Ethiopian National Association of the Deaf,
    and Ethiopian National Association of the Physically Handicapped, were
    negatively affected by the legislation.

        National/Racial/Ethnic Minorities.--There are more than 80 ethnic
    groups, of which the Oromo, at 40 percent of the population, is the
    largest. The federal system drew boundaries roughly along major ethnic
    group lines, and regional states had much greater control over their
    affairs than previously. Most political parties remained primarily
    ethnically based.
        In late January and early February, press reports alleged and
    credible sources confirmed that some students in Addis Ababa who
    originated from the Ogaden province of the Somali regional state were
    being arrested. In a criminal trial, the Government charged Mohamed
    Muse, Ahmed Nure Abdi Ali, Meryamo Moalin Abdu, Faysel Abdiquadir, and
    Siyad Sheekh with undermining the political and territorial integrity
    of the country, including membership in the ONLF, and raising finances
    for the ONLF. Codefendants Mohammed Muse, Ahmed Nure, and Meryamo
    Moalin Abdu were found guilty and sentenced to 11 years in prison. The
    other three defendants were acquitted and released.
        In March press reports alleged that ethnic Oromos fled to Yemen due
    to fear of political persecution and systematic abuse. However, the IOM
    reported that a significant portion of the migrants returning from
    Yemen were from Oromia.
        In June 2009 several minority ethnic groups in SNNPR (composed of
    more than 50 minority ethnic groups) complained the Government took
    measures to silence indigenous persons who protested the exploitation
    of natural resources. The regional State Justice Bureau of SNNPR
    revoked the licenses and suspended the activities of 42 community-based
    organizations (CBOs) for engaging in activities outside their mandate.
    Alleged infractions included mobilizing communities against the use of
    fertilizers, setting up a parallel government, promoting harmful
    traditional practices, nontransparent remuneration and accounting
    practices, producing no visible development projects for the perceived
    amount of money the associations were receiving, and practicing
    traditional rites that offended Christians. All of the CBOs were
    cultural and environmental preservation associations. The associations
    denied some or all of the allegations and lodged appeals with the
    Office of the Prime Minister, the ombudsman, the House of People's
    Representatives, and the House of Federation. The case continued at
    year's end.
        Government and ONLF forces were responsible for human rights abuses
    in the Somali region (see section 1.g.).
        There were no developments in the following 2008 ethnic conflict
    incidents: the Holte-Keyama kebele conflict that resulted in the
    killing of 18 persons and the injury of 26; the Borena and Gheri ethnic
    conflict that resulted in the death of 600 persons and the displacement
    of thousands; the Oromo, Afar, and Argoba conflict that resulted in the
    killing of 14 persons and severe injury to 18; and the killing of Zewdu
    Abate.

        Societal Abuses, Discrimination, and Acts of Violence Based on
    Sexual Orientation and Gender Identity.--Homosexuality is illegal and
    punishable by imprisonment under the criminal code. Instances of
    homosexual activity involving coercion or involving a minor (ages 13 to
    16) are punishable by imprisonment prison term of anywhere from three
    months to five years. Where children under 13 years of age are
    involved, the law provides for imprisonment of five to 25 years. There
    were some reports of violence against lesbian, gay, bisexual, and
    transgender individuals; however, reporting was limited due to fears of
    retribution, discrimination, or stigmatization.
        The AIDS Resource Center in Addis Ababa reported that the majority
    of self-identified gay and lesbian callers, 75 percent of whom were
    male, requested assistance in changing their behavior to avoid
    discrimination. Many gay men reported anxiety, confusion, identity
    crises, depression, self-ostracizing, religious conflict, and suicide
    attempts.
        In 2008 nearly a dozen religious figures adopted a resolution
    against homosexuality, urging lawmakers to endorse a ban on homosexual
    activity in the constitution. The group also encouraged the Government
    to place strict controls on the distribution of pornographic materials.
    At year's end no action had been taken on the resolution.

        Other Societal Violence or Discrimination.--Societal stigma and
    discrimination against persons living with or affected by HIV/AIDS
    continued in the areas of education, employment, and community
    integration. Despite the abundance of anecdotal information, there were
    no statistics on the scale of this problem.
    Section 7. Worker Rights

        a. The Right of Association.--The law provides most workers with
    the right to form and join unions, and the Government permits unions in
    practice. However, the law specifically excludes managerial employees,
    teachers, and civil servants (including judges, prosecutors, and
    security service workers) from organizing unions. Approximately two-
    thirds of union members belong to organizations affiliated with the
    Confederation of Ethiopian Trade Unions, which is under the influence
    of the Government. There was no reported government interference in
    trade union activities during the year, because the major trade unions
    were government-established entities.
        A minimum of 10 workers is required to form a union. While the law
    provides all unions with the right to register, the Government may
    refuse to register trade unions that do not meet its registration
    requirements. There were no reports that the Government used this
    authority during the year. The law stipulates that a trade organization
    may not act in an overtly political manner. Approximately 400,000
    workers were union members.
        Seasonal and part-time agricultural workers cannot organize into
    labor unions. Compensation, benefits, and working conditions of
    seasonal agricultural workers were far below those of unionized
    permanent agricultural employees.
        Under a regulation passed in 2008, the Ethiopian Revenue and
    Customs Authority's director general has the sole power to dismiss
    government workers suspected of corruption. Courts have no authority to
    reinstate workers cleared of such charges.
        Based on a 2008 Council of Ministers' regulation, the Government
    sued the Workers' Association of the National Bank of Ethiopia (central
    bank) in the Federal High Court, claiming that the bank was a nonprofit
    government agency and that the labor union should be dissolved. In
    February 2009 the High Court ruled that the association could not be
    dissolved by a regulation while the rights of workers of the bank were
    protected by law. The Government appealed to the Supreme Court, and at
    year's end the case was pending.
        In 2008 the Supreme Court ruled that the independent ETA be shut
    down and forfeit its name, property, and bank assets to the Government-
    controlled ETA. The decision capped 15 years of lengthy legal
    proceedings and appeals. Subsequently, the original ETA applied for
    registration with the MOJ as the National Teachers' Association but was
    denied registration. Leaders of the organization sued the MOJ for
    refusing to register their association but lost in the Federal First
    Instance Court. They appealed to the Federal High Court in June 2009
    and reapplied for registration with the CSA. On April 19, the High
    Court ruled that the case could be referred to the CSA. The agency
    refused to register the National Teachers' Association, explaining to
    its leaders that their organization was superfluous given the existence
    of the Government-controlled ETA. The original ETA leaders planned to
    appeal the decision to the CSA board, a body that began operations in
    August.
        Although the constitution and law provide workers with the right to
    strike to protect their interests, it contains detailed provisions that
    make legal strike actions difficult to carry out, such as a minimum of
    30 days' advance notice before striking when the case is referred to a
    court or labor relations board. The law requires aggrieved workers to
    attempt reconciliation with employers before striking and includes a
    lengthy dispute settlement process. These provisions applied equally to
    an employer's right to lock workers out. Two-thirds of the workers
    involved must support a strike for it to occur.
        If a case has not already been referred to a court or labor
    relations board, workers retain the right to strike without resorting
    to either of these options, provided they give at least 10 days' notice
    to the other party and to the Ministry of Labor and Social Affairs and
    make efforts at reconciliation.
        The law also prohibits strikes by workers who provide essential
    services, including air transport and urban bus service workers,
    electric power suppliers, gas station personnel, hospital and pharmacy
    personnel, firefighters, telecommunications personnel, and urban
    sanitary workers.
        The law prohibits retribution against strikers, but labor leaders
    stated that most workers were not convinced that the Government would
    enforce this protection. Labor officials reported that, due to high
    unemployment and long delays in the hearing of labor cases, some
    workers were afraid to participate in strikes or other labor actions.
        Fourteen employees of Roto PLC were fired for arriving late on July
    9. Another 20 employees went on strike in support of their 14
    colleagues on July 30, claiming that the company had failed to respect
    the agreement it had signed with the employees' labor union. These 20
    employees were also dismissed by Roto PLC. The Addis Ababa city
    administration Social and Labour Issues Office and the National
    Federation of Energy, Chemical, and Mine Trade Unions (NFECMTU)
    attempted to reconcile both sides, but the company refused to reinstate
    the 14 it had dismissed, as well as the 20 employees who went on strike
    as a result of the action taken against the 14. The company instead
    hired and trained 20 new employees and decided not to bring back the 34
    employees. On August 4, the company stated that it was willing to pay
    compensation, but the employees wanted to negotiate for a return to
    work, not compensation. At year's end the NFECMTU was trying to
    intervene and reconcile both sides, but the dismissed employees stated
    that their intent was to take the matter to court if Roto PLC refused
    to negotiate a return to work.

        b. The Right to Organize and Bargain Collectively.--The law
    protects the right of collective bargaining for most workers, and in
    practice the Government allowed citizens to exercise this right freely.
    Labor experts estimated that collective bargaining agreements covered
    more than 90 percent of unionized workers. Representatives negotiated
    wages at the plant level. Unions in the formal industrial sector made
    some efforts to enforce labor regulations.
        Although the law prohibits antiunion discrimination by employers
    against union members and organizers, unions reported that employers
    frequently fired union activists. Lawsuits alleging unlawful dismissal
    often take years to resolve because of case backlogs in the courts.
    Employers found guilty of antiunion discrimination were required to
    reinstate workers fired for union activities and generally did so in
    practice.
        There are no export processing zones.

        c. Prohibition of Forced or Compulsory Labor.--The law prohibits
    forced or compulsory labor, including by children; however, such
    practices occurred (see sections 6 and 7.d.).
        Courts could order forced labor as a punitive measure.
    Additionally, both adults and children were forced to engage in street
    vending, begging, traditional weaving, or agriculture work. Situations
    of debt bondage also occurred in traditional weaving, pottery, cattle
    herding, and other agricultural activities, mostly in rural areas.
        Also see the Department of State's annual Trafficking in Persons
    Report at www.state.gov/g/tip.

        d. Prohibition of Child Labor and Minimum Age for Employment.--
    There were laws against child labor; however, the Government did not
    effectively implement these laws in practice, and child labor remained
    a serious problem, both in urban and rural areas. By law the minimum
    age for wage or salary employment is 14 years; however, the minimum age
    for employment was not effectively enforced. Special provisions cover
    children between the ages of 14 and 18, including the prohibition of
    hazardous or night work. By law children between the ages of 14 and 18
    are not permitted to work more than seven hours per day, between 10
    p.m. and 6 a.m., on public holidays or rest days, or overtime. The law
    defines hazardous work as work in factories or involving machinery with
    moving parts or any work that could jeopardize a child's health.
    Prohibited work sectors include transporting passengers, electric
    generation plants, underground work, street cleaning, and many other
    sectors.
        A 2001 survey conducted by the Central Statistics Agency found that
    approximately 58 percent of boys and 42 percent of girls ages five to
    14 were working. These figures were supported by a 2006 UNHCR study on
    the worst forms of child labor. The great majority of working children
    were found in the agricultural sector (95 percent), followed by
    services, manufacturing, and other sectors. The number of working
    children was higher in Amhara, Oromia, SNNPR, and Tigray than in other
    regions. During the year the Government increased investments in
    modernizing agricultural practices as well as in the construction of
    schools in efforts to combat the problem of children in agricultural
    sectors. The Government claimed a 94 percent rate of initial school
    enrollment for children of primary school age.
        According to the MOLSA, many children worked for their families
    without pay. In both rural and urban areas, children often began
    working at young ages. The MOLSA reported that two of five working
    children were below the age of six. In rural areas children worked in
    agriculture on commercial and family farms and in domestic service.
    Children in rural areas, especially boys, also engaged in activities
    such as cattle herding, petty trading, plowing, harvesting, and
    weeding, while other children, mostly girls, collected firewood and
    fetched water. In urban areas many children, including orphans, worked
    in domestic services, often working long hours, which may prevent them
    from attending school regularly. Anecdotal evidence suggests that some
    children in urban areas also worked in construction, manufacturing,
    shining shoes, making clothes, portering, directing customers to taxis,
    petty trading, and herding animals. According to social welfare
    activists and civic organizers, who cited anecdotal evidence, forced
    child labor was poorly documented, and child laborers often faced
    physical, sexual, and emotional abuse at the hands of their employers.
    Also see the Department of State's annual Trafficking in Persons Report
    at www.state.gov/g/tip.
        Estimates of the population of street children varied, with
    government estimates of approximately 100,000. In Addis Ababa alone,
    there were an estimated 50,000 to 60,000 street children, according to
    the MOLSA. Some of these children worked in the informal sector to
    survive.
        Child labor issues are covered by the MOLSA, with limited support
    from the Ministry of Women's Affairs and the Ministry of Youth and
    Sports. Cooperation, information sharing, and coordination between and
    among the ministries were poor. Courts are responsible for enforcing
    children's rights, and criminal and civil penalties may be levied in
    child rights violation cases. In the absence of a national strategy,
    investigation and disposition in cases of the violation of children's
    rights was minimal.
        To prevent children from being exploited for labor purposes, a
    joint police-NGO child victim identification and referral mechanism
    operated in the capital. Child Protection Units (CPUs) operated out of
    each Addis Ababa police station but were sponsored by an NGO, Forum for
    Street Children; the CPUs rescued and collected information on
    trafficked children that facilitated their return to their families.
    The CPUs referred 240 trafficked children to the IOM and local NGOs for
    care in 2006, 843 in 2007, 761 in 2008, and 723 in 2009. The CPUs also
    collected data on rescued children to facilitate their reunification
    with their families. At year's end the CPUs stopped child protection
    activities because the new CSO law prevents Forum for Street Children
    from conducting advocacy work in the area of children's rights.
    Previously, internationally funded centers in Addis Ababa provided
    shelter, medical care, counseling, and reintegration assistance to
    girls victimized by trafficking. Other international NGOs provided
    assistance to child victims of commercial sexual exploitation,
    including such services as a drop-in center, shelter, educational
    services, skills training, guidance, assistance with income-generating
    and employment activities, and family reunification services.

        e. Acceptable Conditions of Work.--There is no national minimum
    wage. Some government institutions and public enterprises, however, set
    their own minimum wages. Public sector employees, the largest group of
    wage earners, earned a monthly minimum wage of approximately 320 birr
    ($20); employees in the banking and insurance sector had a minimum
    monthly wage of 336 birr ($21). According to the Office for the Study
    of Wages and Other Remuneration, these wages did not provide a decent
    standard of living for a worker and family. Consequently, most families
    in the wage sector required at least two wage earners to survive, which
    forced many children to leave school early. Only a small percentage of
    the population was involved in wage labor employment, which is
    concentrated in urban areas. Young girls continued to migrate, often
    illegally, to the Gulf States in search of housekeeping work in order
    to assist families back home and often fell victim to exploitation or
    were trafficked. Many of these girls were subjected to inhumane living
    and working conditions, and some lost their lives. In an effort to
    prevent these situations, the MOLSA continued to encourage illegal
    employment agencies to register as legal organizations.
        The labor law provides for a 48-hour maximum legal workweek with a
    24-hour rest period, premium pay for overtime, and prohibition of
    excessive compulsory overtime. Although the Government did little to
    enforce the law, in practice most employees in the formal sector worked
    a 39-hour workweek. However, many foreign, migrant, and informal sector
    workers worked more than 48 hours per week.
        The Government, industries, and unions negotiated occupational
    health and safety standards; however, the MOLSA inspection department
    did not effectively enforce these standards, due to lack of resources.
    Lack of detailed, sector-specific health and safety guidelines also
    precluded enforcement. Workers had the right to remove themselves from
    dangerous situations without jeopardizing their employment; however,
    most workers feared losing their jobs if they were to do so.

                                   __________

                                     GABON

        Gabon, population approximately 1.4 million, is a republic
    dominated by a strong presidency and the Democratic Party of Gabon
    (PDG), which has held power since 1968. In August 2009 President Ali
    Bongo Ondimba was elected in a poll characterized by international
    observers as generally free and fair, although irregularities and post-
    election violence occurred. Security forces reported to civilian
    authorities.
        The following human rights problems were reported: ritualistic
    killings; use of excessive force by police; harsh prison conditions and
    lengthy pretrial detention; an inefficient judiciary subject to
    government influence; restrictions on privacy and press; harassment and
    extortion of African immigrants and refugees; widespread government
    corruption; violence against women; societal discrimination against
    women, noncitizen Africans, Pygmies, and persons with HIV/AIDS; and
    trafficking in persons, particularly children.
                            respect for human rights
    Section 1. Respect for the Integrity of the Person, Including Freedom
            From:

        a. Arbitrary or Unlawful Deprivation of Life.--Unlike in the
    previous year, there were no reports that the Government or its agents
    committed arbitrary or unlawful killings.
        An inquiry into civilian deaths perpetrated by security force
    members following the August 2009 presidential election had not been
    released by year's end. The Government claimed four persons were killed
    during post-election riots, while l'Union newspaper claimed there were
    at least six deaths. Opposition reports claimed security forces were
    responsible for a much higher number of civilian deaths.
        Ritualistic killings occurred and generally went unpunished.
    Authorities condemned the killings; however, no investigations or
    arrests were made during the year. The local nongovernmental
    organization (NGO) Association to Fight Ritual Crimes (ALCR) reported
    that 34 persons were identified as victims of ritual crimes during the
    year. The ALCR estimated that at least double that number of ritual
    crimes occurred but either were not reported or incorrectly identified.

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

        c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
    Punishment.--Although the constitution and law prohibit such practices,
    credible reports persisted that security forces beat prisoners and
    detainees to extract confessions.
        Unlike in the previous year, there were no reports that security
    forces were responsible for injuring civilians while dispersing crowds.
        Unconfirmed reports from the African immigrant community asserted
    that police and soldiers occasionally beat noncitizen Africans during
    operations to round up and deport illegal immigrants. Refugees
    continued to complain of harassment and extortion by security forces.
        Children were injured and killed by practitioners of ritual crimes
    (see section 1.a.).

        Prison and Detention Center Conditions.--Prisons were overcrowded,
    and conditions were harsh. Food, sanitation, and ventilation were poor,
    although basic medical care was provided. Prisons had adequate lighting
    and access to potable water; however, there were no air conditioners in
    prisons or jails, and temperatures often exceeded 95 degrees
    Fahrenheit. On-site nurses provided medical care, and prisoners needing
    emergency medical care were transported to hospitals. NGOs, family
    members, and private citizens occasionally made contributions to
    augment prisoners' poor food rations.
        Ten or more prisoners died during the year due to poor hygiene or
    malnourishment.
        Prison authorities did not keep records, and it was unknown how
    many prisoners were being held in the country. Pretrial detainees were
    held with convicted prisoners.
        Prisoners and detainees were allowed to worship without hindrance,
    and Catholic, Protestant, and Muslim services were regularly held in
    the prisons. Family visits were permitted in both prisons and jails.
        Authorities permitted prisoners and detainees to submit written
    complaints to judicial authorities without censorship and to request
    investigation of credible allegations of inhumane conditions; however,
    no reports were submitted during the year.
        The Government investigated and monitored prison and detention
    center conditions through an office in the Ministry of Justice. After
    visiting Libreville's central prison in November, First Lady Sylvia
    Bongo and the minister of justice reported that conditions were harsh;
    their findings resulted in the signing of a contract to build a new
    modern prison facility.
        The Government permitted independent monitoring of prison
    conditions by human rights organizations and NGOs. The International
    Committee of the Red Cross and the NGO Cri de Femmes visited prisons
    during the year.

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

        Role of the Police and Security Apparatus.--The national police,
    under the Ministry of Interior, and the gendarmerie, under the Ministry
    of Defense, were responsible for domestic law enforcement and public
    security. Elements of the armed forces and the Republican Guard, an
    elite unit that protects the president, sometimes performed internal
    security functions. The Inspector General's Office was responsible for
    investigating police abuse. Police were inefficient and corrupt, and
    impunity was a problem. Security forces often sought bribes to
    supplement their salaries. During the year the Government conducted a
    comprehensive review of the police and security forces; however,
    results of the review had not been released by year's end.

        Arrest Procedures and Treatment While in Detention.--The law
    requires arrest warrants based on sufficient evidence and issued by a
    duly authorized official; however, security forces frequently
    disregarded this provision. The law allows authorities up to 48 hours
    to initially detain a suspect without charge, but police often failed
    to respect this time limit. Detainees were usually promptly informed of
    charges against them; however, authorities often did not file charges
    expeditiously. Conditional release was possible after charges had been
    announced if further investigation was required. Detainees were allowed
    prompt access to family members and a lawyer or, if indigent, to one
    provided by the state. There was a functioning bail system.
        Members of the security forces continued to stop individuals at
    roadblocks under the guise of checking vehicle registration and
    identity papers. Security forces frequently used such operations to
    extort money.
        All persons arbitrarily detained by security forces in Port Gentil
    following the 2009 presidential election had been released by year's
    end.
        The law limits pretrial detention to six months for a misdemeanor
    and one year for a felony charge, with six-month extensions if
    authorized by the examining magistrate; however, prolonged pretrial
    detention was common as a result of overburdened dockets. Approximately
    one-third of detainees were held in pretrial detention, which sometimes
    lasted up to three years.

        e. Denial of Fair Public Trial.--Although the law provides for an
    independent judiciary, the judiciary was inefficient and remained
    susceptible to government influence. The president appoints and can
    dismiss judges through the Ministry of Justice, to which the judiciary
    is accountable. Corruption was a problem.
        The military court is appointed each year by the Office of the
    Presidency and is composed of selected magistrates and military
    personnel. The court provides the same basic legal rights as a civilian
    court.
        Minor disputes may be taken to a local chief, particularly in rural
    areas, but the Government did not always recognize such decisions.

        Trial Procedures.--The constitution provides the right to a public
    trial and to legal counsel, and the Government generally respected
    these rights. Nevertheless, a judge may deliver an immediate verdict of
    guilt at the initial hearing in a state security trial if the
    Government presents sufficient evidence. Defendants are presumed
    innocent and have the right to be present. Indigent defendants were
    provided an attorney at state expense. Defendants have the right to
    confront witnesses against them, present witnesses or evidence on their
    behalf, have access to government-held evidence against them through
    their lawyer, and appeal. The Government generally respected these
    rights, which were extended to all citizens.

        Political Prisoners and Detainees.--During the year President Ali
    Bongo Ondimba announced the release of 500 nonviolent prisoners
    arrested and detained under the previous government, some of whom may
    have been arrested for political reasons. With their release, there
    were no political prisoners or detainees in the country.
        International NGOs have not requested formal visits or reviews of
    political prisoners in the last four years, but they were, in
    principle, allowed access.

        Civil Judicial Procedures and Remedies.--There is an independent
    civil judiciary, but it was susceptible to government influence and
    corruption. Persons seeking damages for, or cessation of, a human
    rights violation could seek relief in the civil court system.
    Corruption was also a problem in the enforcement of domestic court
    orders. Administrative remedies were not generally available.

        f. Arbitrary Interference With Privacy, Family, Home, or
    Correspondence.--The constitution and law prohibit such actions;
    however, the Government did not respect these prohibitions in practice.
    As part of criminal investigations, police requested and easily
    obtained search warrants from judges, sometimes after the fact.
        Security forces conducted warrantless searches for illegal
    immigrants and criminals, using street stops and identity checks.
        Authorities reportedly routinely monitored private telephone
    conversations, personal mail, and the movement of citizens.
        Unlike in the previous year, the Telecommunications Regulation
    Agency (ARTEL) did not impede cell phone texting. In September 2009
    ARTEL suspended texting after prominent persons and journalists
    reported receiving text messages containing death threats. Texting was
    again suspended with no explanation in October 2009 in advance of the
    presidential inauguration; the suspension was lifted in November 2009.
    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 unlike in the previous
    year, the Government generally respected these rights. After the June
    2009 death of former president Omar Bongo Ondimba, the media engaged in
    a more open debate on the country's leaders and its future; however,
    some journalists continued to practice occasional self-censorship.
        Unlike in the past, when citizens risked losing their jobs if they
    criticized the former president, individuals could criticize the
    Government, including the president, publicly or privately, without
    reprisal.
        The only major daily newspapers were the Government-affiliated
    l'Union and Gabon Matin. Approximately nine privately owned weekly or
    monthly newspapers represented independent views and those of various
    political parties, but most appeared irregularly due to financial
    constraints, or in some cases, government suspension of their
    publication licenses. All newspapers, including l'Union, criticized the
    Government and political leaders of all parties. Following the death of
    Omar Bongo, privately owned newspapers appeared more regularly.
        The Government owned and operated two radio stations that broadcast
    throughout the country. Much of their news coverage concerned the
    activities of government officials, and editorials sometimes criticized
    specific government policies or ministers. Seven privately owned radio
    stations were operating at year's end. International radio stations
    broadcast locally.
        Unlike in the previous year, no journalists were assaulted.
        No action was taken in the following 2009 assaults on media
    employees: the September assault by opposition supporters on Patrick
    Bibang, a reporter at Radio Africa No.1; or the September attacks by
    opposition supporters on employees of Radio-Television Nazareth.
        The Government owned and operated two television stations. Four
    privately owned television stations transmitted 24 hours a day.
    Satellite television reception was available.
        Unlike in the previous year, the Government did not close media
    outlets. On election day in August 2009, authorities cut broadcasts by
    TVPlus, a television station owned by opposition presidential candidate
    Andre Mba Obame. The following day, masked gunmen opened fire on the
    transmitter of the satellite television station Go Africa, which had
    been carrying TVPlus content.
        Libel can be either a criminal offense or a civil matter. Editors
    and authors of libelous articles can be jailed for two to six months
    and fined 500,000 to five million CFA francs ($1,040 to $10,400).
    Penalties for libel and other offenses also include a one- to three-
    month publishing suspension for a first offense and a three- to six-
    month suspension for repeat offenses.
        On June 7, a court in Libreville convicted Jonas Moulenda, a
    reporter with the state-owned daily l'Union, on charges of criminal
    defamation and ordered a suspended three-month prison sentence and a
    fine of 500,000 CFA francs ($900), according to the Committee to
    Protect Journalists (CPJ). The charges were connected with a November
    2009 article in which Moulenda accused Alfred Nguia Banda, the former
    director of the Gabonese Import/Export Council, of having orchestrated
    the killing of Rene Ziza, who was credited with fighting corruption
    while in charge of the country's maritime transport agency. According
    to the CPJ, Moulenda was being punished for raising questions about
    official corruption. The Government claimed that the issue was a
    private court case that did not involve governmental influence or
    official organs. In September 2009 Moulenda went into hiding after his
    house was raided by unknown assailants.
        On October 29, CPJ called on the Government to free Jean-Yves
    Ntoutoume, editor of the independent bimonthly Le Temps, who was
    arrested and detained on October 26 after his newspaper failed to pay
    10 million CFA francs ($20,800) in damages to Albert Meye, a former PDG
    treasurer. Meye sued the newspaper after it published an article about
    Meye's possible involvement in a 2004 armed robbery at PDG
    headquarters, which resulted in the death of a courier and the theft of
    more than 80 million CFA francs ($166,000). CPJ charged that the heavy
    civil damages imposed on Ntoutoume did not appear to be based on any
    actual losses suffered by Meye.

        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 International Telecommunication Union statistics for 2008,
    approximately 6 percent of the population used the Internet.

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

        b. Freedom of Peaceful Assembly and Association.--The constitution
    and the law provide for freedom of assembly and association, and unlike
    in the previous year, there were no reports that the Government denied
    opposition groups permits to demonstrate or forcibly dispersed
    demonstrators.

        c. Freedom of Religion.--For a description of religious freedom,
    please see the Department of State's 2010 International Religious
    Freedom Report at www.state.gov/g/drl/rls/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 unlike in the previous year, the Government generally
    respected these rights in practice.
        The Government cooperated with the UN High Commissioner for
    Refugees (UNHCR) and other humanitarian organizations in assisting
    refugees and asylum seekers.
        There were no legally mandated restrictions on internal movement;
    however, the military, police, and gendarmes continued to stop
    travelers at random checkpoints to check identity, residence, or
    registration documents and to solicit bribes.
        Security force members harassed expatriate Africans working legally
    as merchants, service sector employees, and manual laborers. Some
    members of the security forces extorted bribes by threatening
    imprisonment or the confiscation of residency documents. Residency
    permits cost 150,000 CFA francs ($312) per year, and first-time
    applicants were required to provide the cost of a one-way air ticket to
    their country of origin. In principle but usually not in practice, the
    Government refunded the cost of the air ticket when the individual
    departed the country permanently.
        Unlike in the previous year, the Government imposed no restrictions
    on the foreign travel of opposition members. In September 2009 after
    the riots in Port-Gentil, the minister of interior prevented all
    opposition candidates from leaving the country pending an investigation
    into post-election violence. The restriction was lifted in October
    2009.
        The law prohibits forced exile, and the Government did not use it
    during the year.

        Protection of Refugees.--The country's laws provide for the
    granting of asylum or refugee status, 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
    on account of their race, religion, nationality, membership in a
    particular social group, or political opinion.
        Refugees complained about widespread harassment, extortion, and
    detentions by security forces. To reduce such mistreatment, the
    Government initiated a program to replace UNHCR-issued identity cards
    with government-issued ones. By year's end approximately 90 percent of
    refugees in the country who qualified had been issued new cards. Card
    holders enjoyed the same rights as citizens, including the right to
    work, travel, and access public services. Although the cards--along
    with a UNHCR-led information campaign--helped reduce discrimination
    against refugees, approximately 3,000 refugees remained without cards
    at year's end, either because they could not be reached by government
    or UNHCR officials or because they chose not to regularize their status
    in the country. During the year a trilateral agreement between the UN
    and the Governments of Gabon and the Republic of the Congo to ensure
    that refugees can either return home or regularize their status in
    Gabon was signed and implemented.
    Section 3. Respect for Political Rights: The Right of Citizens to
            Change Their Government
        The constitution and law provide citizens the right to change their
    government peacefully, and citizens partially exercised this right in
    practice through periodic and generally fair elections.

        Elections and Political Participation.--President Ali Bongo Ondimba
    was elected in August 2009 with 41 percent of the vote; the president
    succeeded his father, former president Omar Bongo, who died in June
    2009 after a 41-year rule. The two leading opposition candidates each
    received approximately 25 percent of the vote. International observers
    characterized the election as largely free and fair; however, the
    election was marred by post-election violence, significant restrictions
    on human rights, and accusations of political tampering with the
    electoral process. Authorities censored news coverage and harassed the
    press. Irregularities included problems with voter lists and
    registration, polls that opened late, improperly secured ballot boxes,
    and armed security personnel in or near voting sites. Numerous
    opposition candidates contested the election results, but the
    Constitutional Court in October 2009 validated President Bongo
    Ondimba's victory.
        The Government is dominated by a strong presidency. When the
    legislature is not in session, the president can veto legislation,
    dissolve the national legislature, call new elections, and issue
    decrees that have the force of law. The legislature generally approved
    legislation presented by the president, who appoints ministers of
    government and heads of parastatal companies.
        A single party, the PDG, has remained in power since its creation
    by former president Omar Bongo in 1968. Opposition parties routinely
    complained of restricted access to the media.
        Women held governmental positions from the ministerial level on
    down and in all branches. In a 30-member cabinet, there were six women.
    The president of the Senate and the head of the Constitutional Court
    also were women.
        Members of the president's Bateke ethnic group and other
    southerners held a disproportionately large number of key positions in
    the security forces, although members of all major ethnic groups
    continued to occupy prominent government positions. Indigenous Pygmies
    rarely participated in the political process.
    Section 4. Official Corruption and GovernmentTransparency
        The law provides criminal penalties, including fines and
    imprisonment, for official corruption; however, officials often engaged
    in corrupt practices with impunity. During the year the Government
    initiated major reforms to curb corruption. The most recent World Bank
    Worldwide Governance Indicators reflected that corruption was a severe
    problem.
        Among the major anticorruption measures taken by the Government was
    an audit, completed in January, of all civil service positions,
    including those of the president and cabinet ministers. The audit
    resulted in the elimination of 5,600 ``ghost workers,'' government
    officials who collected illegal second or third incomes. The audit also
    uncovered the use of fake educational credentials to obtain higher pay.
        The Commission Against Illegal Enrichment is the primary body
    responsible for combating official corruption. During the year the
    commission conducted 50 investigations, including 12 cases that started
    in 2009; the investigations were ongoing at year's end. During the year
    the commission fined a local bank 960,000 CFA francs ($2,000) after an
    investigation revealed corrupt practices.
        In October 2009 the president recalled and ordered the arrest of
    Philibert Andzembe, the governor of the Bank of Central African States,
    on corruption charges. The Government arrested two other officials on
    the same charges, one of whom remained under house arrest at year's
    end; the other official was released with all charges dropped.
    Andzembe, who was removed from his position, was awaiting trial at
    year's end. The president's chief of staff resigned amid corruption
    charges associated with the scandal, although he was eventually cleared
    of all charges after a French court, which had jurisdiction, dismissed
    the case.
        The law provides that civil servants disclose their financial
    assets within three months of assuming office to the Commission Against
    Illegal Enrichment; however, this requirement was not always followed
    due to loopholes in the law. The Government has since eliminated the
    loopholes.
        The law does not provide for public access to government
    information, and the Government generally did not allow such access.
    Section 5. Governmental Attitude Regarding International and
            Nongovernmental Investigation of Alleged Violations of Human
            Rights
        Local human rights NGOs and activists generally operated without
    government restriction, investigating and publishing their findings.
    Government officials took no known actions on their recommendations.
    Local human rights NGOs and their missions included ALCR (ritual
    crime), Cri de Femmes (women's rights), EBANDO (pygmy rights), AVOGAB
    (women's and orphan's rights), Groupe Consience (victims of sexual
    exploitation), and Reseau de Defense des Droits Humains du Gabon (an
    association of human rights NGOs).
        The Government worked closely and effectively with representatives
    from the UN, including the UN Children's Fund (UNICEF) and UNHCR.
    Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
        Although the constitution and law prohibit discrimination based on
    national origin, race, gender, disability, language, or social status,
    the Government did not enforce these provisions consistently.

        Women.--The law criminalizes rape and provides penalties of between
    five and 10 years' imprisonment for convicted rapists; however, rape
    cases were seldom prosecuted. The law does not address spousal rape. In
    recent years rape was believed to be widespread. During the year,
    however, there continued to be a lack of information on the prevalence
    of rape. According to the UN Committee on the Elimination of All Forms
    of Discrimination against Women, it was difficult to obtain information
    on domestic violence against women, including marital rape, in the
    country. Discussing rape remained taboo and women often opted not to
    report rape out of fear, shame, or submission. Only limited medical and
    legal assistance for rape victims was available.
        The law prohibits domestic violence; however, it was believed to be
    common, especially in rural areas. Penalties for domestic violence
    range from two months to 15 years in prison. Police rarely intervened
    in such incidents, and women virtually never filed complaints with
    civil authorities, although the Government operated a counseling group
    to provide support for abuse victims.
        There is no law that prohibits sexual harassment, but it was not a
    widespread problem. The Government and NGOs reported cases of female
    domestic workers (often victims of child trafficking) who were sexually
    molested by employers.
        The Government recognizes the basic right of couples and
    individuals to decide freely the number and spacing of their children
    and the nature of the family. In 2009 authorities repealed a
    parliamentary decree prohibiting the use of contraceptives; however,
    women continued to have difficulty acquiring reliable contraceptives.
    Health clinics and local health NGOs operated freely in disseminating
    information on the use of contraceptives and family planning.
        The Government provided free childbirth services, including
    prenatal care and obstetric care. According to local NGOs, such as the
    Mouvement Gabonais Pour le Bien Etre Familial, the infant mortality
    rate was approximately 99 out of 1,000 births. The maternal mortality
    rate was 260 deaths for every 100,000 live births. Men and women
    received equal access to diagnosis and treatment for sexually
    transmitted infections, including HIV/AIDS.
        The law provides that women have rights to equal access in
    education, business, investment, employment, credit, and pay for
    similar work; however, women continued to face considerable societal
    and legal discrimination, especially in rural areas. Women owned
    businesses and property, participated in politics, and worked
    throughout the Government and in the private sector. The law requires
    that a woman obtain her husband's permission to travel abroad, although
    this was rarely enforced.

        Children.--Citizenship is conferred through one's parents and not
    by birth in the country. At least one parent must be a citizen to
    transmit citizenship. Registration of all births is mandatory, and
    children without birth certificates cannot attend school or participate
    in most government-sponsored programs. Many mothers could not obtain
    birth certificates for their children due to isolation, poverty, or
    lack of understanding of the law.
        Education is compulsory and free until age 16, although students
    were required to pay for their supplies, including school uniforms. The
    country had a shortage of classrooms and teachers, and education was
    often unavailable after sixth grade. Unlike in the previous year, there
    were no teacher strikes that reduced educational access.
        Child abuse occurred. When reports of abuse surfaced, the accused
    abusers were generally arrested and tried; however, many such cases
    went unreported.
        Although illegal, female genital mutilation was believed to occur
    among the resident population of noncitizen Africans.
        Ritual killings of children, in which limbs and/or genitals were
    amputated, occurred. No prosecutions of such cases were conducted
    during the year.
        The minimum age for consensual sex and marriage is 15 for girls and
    18 for boys. Child marriage was rare.
        Children under the age of 18 were engaged in prostitution, although
    no statistics were available.
        The law prohibits lewd pictures and photographs ``against the
    morals of society.'' The penalty for possession of pornography includes
    possible jail time from six months to one year and/or fines up to
    222,000 CFA francs ($462).
        Gabon is not a party to the 1980 Hague Convention on the Civil
    Aspects of International Child Abduction. For information on
    international parental child abduction, please see the Department of
    State's annual report on compliance at http://travel.state.gov/
    abduction/resources/congressreport/congressreport--4308.html.

        Anti-Semitism.--There was no significant Jewish community in the
    country, and there were no reports of anti-Semitic acts.

        Trafficking in Persons.--For information on trafficking in persons,
    please see the Department of State's annual Trafficking in Persons
    Report at www.state.gov/g/tip.

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

        Indigenous People.--Pygmies are the earliest known inhabitants of
    the country. Small numbers of Pygmies continued to live in large tracts
    of rainforest in the northeast. Most Pygmies, however, were relocated
    to communities along the major roads during the late colonial and early
    post-independence period. The law grants them the same civil rights as
    other citizens, but Pygmies remained largely outside of formal
    authority, keeping their own traditions, independent communities, and
    local decision-making structures. Pygmies suffered societal
    discrimination, often lived in extreme poverty, and did not have easy
    access to public services. Their Bantu neighbors often exploited their
    labor by paying them much less than the minimum wage. Despite their
    equal status under the law, Pygmies generally believed they had little
    recourse if mistreated by Bantu. There were no specific government
    programs or policies to assist Pygmies.

        Societal Abuses, Discrimination, and Acts of Violence Based on
    Sexual Orientation and Gender Identity.--Discrimination and violence
    against lesbian, gay, bisexual, and transgender (LGBT) persons was a
    problem, and LGBT individuals often kept their status secret from the
    community for fear of being harassed or discriminated against.

        Other Societal Violence or Discrimination.--There was considerable
    discrimination against persons with HIV/AIDS. Local NGOs worked closely
    with the Ministry of Health to combat both the associated stigma and
    the spread of the disease.
    Section 7. Worker Rights

        a. The Right of Association.--The law places no restrictions on the
    right of association and recognizes the right of citizens to form and
    join trade and labor unions; workers exercised these rights in
    practice. The small private sector industrial workforce was generally
    unionized. Unions must register with the Government to be recognized
    officially, and registration was granted routinely.
        According to the Ministry of Labor, there were more than 136
    unions. The Ministry of Labor estimated there were 40,000 union members
    in total, 10,000 in the public sector and 30,000 in the private sector.
        The law provides workers the right to strike; however, they may do
    so only after eight days' advance notification and only after
    arbitration fails. The right of public sector employees to strike was
    limited if a strike could jeopardize public safety. The law prohibits
    government action against individual strikers who abide by the
    notification and arbitration provisions.

        b. The Right to Organize and Bargain Collectively.--The law allows
    unions to conduct their activities without government interference, and
    the Government protected this right. The law provides for collective
    bargaining by industry, not by firm. Collectively bargained agreements
    set wages for whole industries. Labor and management met to negotiate
    differences, with observers from the Ministry of Labor. Agreements
    negotiated by unions also applied to nonunion workers. Unions are
    politically active and influential in Gabonese politics.
        Discrimination on the basis of union membership is illegal.
    Employers who are found guilty by civil courts of having engaged in
    such discrimination may be required to compensate employees. Trade
    unions in both the public and private sectors often faced
    discrimination. Their demands or requests for negotiations were
    sometimes ignored or denied. Workers did not face termination due to
    trade union activity.
        There are no special laws or exemptions from regular labor laws in
    the country's two export processing zones.

        c. Prohibition of Forced or Compulsory Labor.--Although the law
    prohibits forced or compulsory labor, including by children, there
    continued to be media reports that farm workers, including some
    children on communal farms, and domestic workers, including some
    children in private households, were subjected to forced labor,
    including conditions of inadequate compensation for their labor and
    mandated long hours by employers. Boys were forced to work in local
    handicraft workshops while girls were primarily trafficked for forced
    domestic servitude, market vending, restaurant labor, and commercial
    sexual exploitation. The Ministry of Labor's lack of sufficient
    vehicles, budget, and personnel, as well as difficulty in gaining
    access to some large communal and family-owned commercial farms and
    private households, impeded the ability of labor inspectors to
    investigate possible labor code violations, including allegations of
    forced labor.
        See also the Department of State's annual Trafficking in Persons
    Report at www.state.gov/g/tip.

        d. Prohibition of Child Labor and Minimum Age for Employment.--
    Although children below the age of 16 may not work without the
    expressed consent of the ministries of labor, education, and public
    health, child labor was a serious problem. The law provides for fines
    between 290,000 and 480,000 CFA francs ($604 to $1,000) and prison
    sentences of up to two years for violations of the minimum age for
    work. The ministries rigorously enforced this law in urban areas with
    respect to citizen children, and few citizens under the age of 18
    worked in the formal wage sector; however, child labor occurred in
    rural areas, where the law was seldom enforced. Noncitizen children
    were more likely to work in informal or illegal sectors of the economy,
    where laws against child labor were less rigorously enforced.
        In December the Government undertook a joint operation with
    INTERPOL, which resulted in the rescue of 165 children and the arrest
    of 38 traffickers from 10 African countries. The children were placed
    in reception centers while the Government, UNICEF, and countries of
    origin worked on repatriation and prosecution of the traffickers.
        An unknown number of children, primarily noncitizens, worked in
    marketplaces or performed domestic work; many of these children were
    reportedly the victims of child trafficking. Such children generally
    did not attend school, received only limited medical attention, and
    were often exploited by employers or foster families. In an effort to
    curb the problem, the police often fined the parents of children who
    were not in school. Laws forbidding child labor covered these children,
    but abuses often were not reported.
        The constitution and labor code protect children against
    exploitation. The Ministry of Justice is responsible for implementing
    and enforcing child labor laws and regulations. Inspectors from the
    Ministry of Labor are responsible for receiving, investigating, and
    addressing child labor complaints. However, violations were not
    systematically addressed because the inspection force was inadequate,
    and complaints were routinely not investigated. The Government viewed
    child labor and child trafficking as closely linked.
        During the year the Government worked closely with a foreign
    embassy on a media campaign to educate the populace about trafficking
    in persons and child labor. In conjunction with the media outreach, the
    Government also initiated a door-to-door program to educate citizens in
    isolated communities about trafficking and child labor.
        See also the Department of State's annual Trafficking in Persons
    Report at www.state.gov/g/tip.

        e. Acceptable Conditions of Work.--The national monthly minimum
    wage is 80,000 CFA francs ($166); government workers received an
    additional monthly allowance of 20,000 CFA francs ($41) per child.
    Government workers also received transportation, housing, and family
    benefits. The law does not mandate housing or family benefits for
    private sector workers. The minimum wage did not provide a decent
    standard of living for a worker and family. The Ministry of Labor was
    responsible for enforcing the minimum wage standards and, in general,
    it did so effectively.
        The labor code governs working conditions and benefits for all
    formal sectors and provides a broad range of protection to workers;
    however, the Government sometimes did not respect these protections.
    There are various minimum wage rates depending on occupation or
    industry, but they have not been changed since 1994. There is no
    minimum wage applied to the informal sector.
        The labor code stipulates a 40-hour workweek with a minimum rest
    period of 48 consecutive hours. Employers must compensate workers for
    overtime work. According to the labor code and related decrees, the
    daily limit can be extended to perform specified preparatory or
    complementary work, including work necessary to start machines in a
    factory and by supervisors whose presence at the workplace is
    indispensable. The additional hours range from 30 minutes to two hours,
    depending on the type of work.
        The daily limit does not apply to establishments in which work is
    performed on a continuous basis and those providing services that
    cannot be subject to a daily limit, including in retail, transport,
    dock work, hotels and catering, housekeeping, guarding, security,
    medical establishments, domestic work, and the press. The daily limit
    can be extended for urgent work to prevent or repair accidents.
        Overtime compensation varies, as it is determined by collective
    agreements or government regulations.
        Companies in the formal sector generally paid competitive wages and
    granted the fringe benefits required by law, including maternity leave
    and six weeks of annual paid vacation.
        The Ministry of Health established occupational health and safety
    standards but did not enforce or regulate them. The application of
    labor standards varied from company to company and between industries.
    In the formal sector, workers may remove themselves from dangerous work
    situations without fear of retribution.
        The Government reportedly did not enforce labor code provisions in
    sectors where the majority of the labor force was foreign. Foreign
    workers, both documented and undocumented, were obliged to work under
    substandard conditions, were dismissed without notice or recourse, and
    were often physically mistreated. Employers frequently paid noncitizens
    less and required them to work longer hours, often hiring them on a
    short-term, casual basis to avoid paying taxes, social security
    contributions, and other benefits.

                                   __________

                                  GAMBIA, THE

        The Gambia is a multiparty democratic republic with an estimated
    population of 1.7 million. In 2006 President Alhaji Yahya Jammeh was
    reelected for a third five-year term in an election considered
    partially free and fair. President Jammeh's party, the Alliance for
    Patriotic Reorientation and Construction (APRC), continued to dominate
    the National Assembly after its 2007 elections, which were also
    considered partially free and fair. There were instances in which
    elements of the security forces acted independently of civilian
    control.
        Human rights problems included government complicity in the
    abduction of citizens; torture and abuse of detainees and prisoners,
    including political prisoners; poor prison conditions; arbitrary arrest
    and detention of citizens, including incommunicado detention; denial of
    due process and prolonged pretrial detention; restrictions on freedom
    of speech and press; violence against women and girls, including female
    genital mutilation (FGM); forced child marriage; trafficking in
    persons; child prostitution; discrimination against homosexual
    activity; and child labor.
                            respect for human rights
    Section 1. Respect for the Integrity of the Person, Including Freedom
            From:

        a. Arbitrary or Unlawful Deprivation of Life.--There were no
    reports that the Government or its agents committed arbitrary or
    unlawful killings during the year.
        In March 2009 Dodou Janneh, a police volunteer attached to the
    national drug enforcement agency, appealed the 2008 death sentence he
    received for the 2007 killing of Sheriff Minteh during a police raid in
    Serrekunda; the appeal was before the courts at year's end.
        In April 2009 the joint fact-finding team created by the UN and the
    Economic Community of West African States (ECOWAS) to investigate the
    2005 deaths of more than 50 Ghanaians and other West African nationals
    in the country submitted a report of its findings. The report stated
    that ``rogue elements'' in the security services were responsible for
    the deaths and disappearance of the Ghanaians and recommended that the
    Government pay compensation to the Government of Ghana for the killings
    and exhume and return the bodies of six Ghanaians found buried in the
    Tanji forest. In October 2009 the six bodies were returned to Ghana,
    according to Ghanaian media reports. While the Government did not
    provide compensation, it paid for exhumation of the bodies and provided
    some funds to families of the victims.

        b. Disappearance.--There were no reports of politically motivated
    disappearances; however, the Government was complicit in the abduction
    of citizens suspected of witchcraft.
        Between January and June 2009, the BBC and newspaper Foroyaa
    carried a series of reports about so-called ``witchdoctors'' from
    Guinea, who abducted up to 1,000 villagers in the country during the
    same period, held them for several days, and forced them to drink an
    herbal concoction that resulted in illness and two deaths. There were
    unconfirmed reports that some villagers were subsequently forced to
    confess to being witches. According to Amnesty International (AI), the
    Guineans were invited into the country after the death of the
    president's aunt, which was attributed to witchcraft. Officials in the
    police, army, and the president's personal protection guard reportedly
    accompanied the Guineans. The Guineans, who were driven around in
    government vehicles, also conducted ``cleansing rituals'' in several
    government offices in Banjul as well as in several other towns and
    villages. In May 2009 in Brefet, President Jammeh said he had to
    ``bring in witchdoctors to identify and eradicate witches,'' who, he
    said, were responsible for underdevelopment in the districts of Foni,
    according to the Government newspaper The Gambia Daily.
        During an address to the National Assembly in April 2009, the
    former attorney general and justice minister denied that journalist
    ``Chief'' Ebrima Manneh, who was arrested by security forces in 2006
    and subsequently disappeared, was in state custody. This was the
    Government's first statement regarding the June 2008 ruling by the
    ECOWAS Community Court of Justice that Manneh's detention had been
    illegal and that the Government should release him and pay compensation
    of 2.7 million dalasi ($100,000) to Manneh's family. The ruling
    followed a lawsuit filed in 2007 by the Media Foundation for West
    Africa (MFWA), based in Ghana. In 2007 Manneh was reportedly sighted
    seeking medical treatment under police supervision at a hospital in
    Banjul, but his whereabouts remained unknown at year's end. c. Torture
    and Other Cruel, Inhuman, or Degrading Treatment or Punishment
        The constitution and law prohibit such practices; however, there
    were reports that security forces tortured, beat, and mistreated
    persons in custody.
        On August 5, former inspector general of police Ensa Badjie and
    former commander of the military police unit of the army Lieutenant-
    Colonel Mam Matarr Secka, who were on trial for corruption, abuse of
    office, and drug-related offenses, told their lawyer state security
    agents severely tortured them.
        There were no developments in the following 2008 cases of torture
    and abuse by security forces: the March stabbing of Amadou Sanyang by
    members of the police intervention unit; the June torture and beating
    of five residents of Lamin Daranka during their arrest and transfer to
    Yundum Police Station; and the torture of Abdoulie Faye over an 18-day
    period in September by members of the police criminal investigation
    division.
        In April 2009 former National Assembly member Musa Suso, while
    being tried on charges of giving false information to a public officer,
    alleged that while serving an earlier prison sentence (from 2000 to
    2007) he was denied food and was tied and beaten for three days after a
    telephone calling card was discovered in his cell. In December 2009
    Suso was acquitted of some of the charges against him, but he was
    convicted of others and sentenced to 18 months in prison.
        On June 3, former editor in chief of the Independent newspaper,
    Musa Saidykhan, testified before the ECOWAS Community Court of Justice
    in Abuja in his case against the Government of the Gambia for his
    illegal detention and torture in 2006. The case was filed on
    Saidykhan's behalf by the MFWA in 2007. Saidykhan, who lives abroad in
    self-imposed exile, claimed that security forces applied electric
    shocks to his naked body during his 22-day detention; Saidykhan
    subsequently was released without charge. In June 2009 the court's
    three-member panel rejected the Government's claim that plaintiffs
    first had to exhaust legal remedies at the national level before
    appealing to ECOWAS. On December 16, the court ruled that Saidykhan was
    indeed tortured by state security agents while in detention in 2006.
    The three-member panel awarded him damages of 5.4 million dalasi
    ($200,000).
        The indemnity act continued to prevent victims from seeking redress
    in torture cases related to official actions taken by military
    personnel during military rule from 1994-96. The army requires victims
    to file formal complaints with the courts regarding alleged torture
    that occurred at other times. However, during the year there were no
    known prosecutions in civil or military courts of security force
    members accused of mistreating individuals.

        Prison and Detention Center Conditions.--Prison conditions were
    poor, and cells were overcrowded, damp, and poorly ventilated. Inmates
    complained of poor sanitation and food. Unlike in previous years, there
    were no reports that guards were reluctant to intervene in fights
    between prisoners. Local prisons were overcrowded, and inmates
    occasionally slept on the floor. Prior to conviction, detainees were
    allowed to receive food from outside, but not after conviction. Medical
    facilities in prisons were poor; inmates who fell ill often were taken
    to the Royal Victoria Teaching Hospital in Banjul or nearby health
    centers for examination and treatment. Water supply was adequate but
    lighting in some cells was poor. During the summer months temperatures
    are extremely high and there were no ceiling fans to reduce the heat.
        Unlike during the prior year, no prisoners at the Mile 2 Central
    Prison died during the year as a result of poor food or inadequate
    medical care. In March 2009 Benedict Jammeh, former police inspector
    general and current director at the National Drug Enforcement Agency
    (NDEA), testified at Musa Suso's trial that inmates at Mile 2 Central
    Prison were fed tainted meat that resulted in the deaths of several
    prisoners; a committee of senior police officers subsequently confirmed
    the report. In May 2009 David Colley, the director general of prison
    services, testified in the same trial that 23 inmates in 2006 and 40 in
    2007 died in prison, primarily as a result of chronic anemia, abdominal
    infection, and food poisoning.
        Pretrial detainees occasionally were held with convicted prisoners.
    At year's end, there were more than 800 inmates in the country's
    prisons. Women and men were held in separate wings, as were juveniles
    and adults.
        There were occasional reports of lawyers' and family members being
    denied access to detainees at Mile 2 Central Prison, but generally all
    prisoners had access to visitors. Prisoners were free to observe any
    religion. Prisoners and detainees who had complaints could transmit
    them through their lawyers or relatives, who could take up the
    complaints with judicial authorities.
        Authorities sometimes investigated credible allegations of inhumane
    conditions, as was the case in the reports of prisoners in Mile 2 being
    fed tainted beef in 2006. A Prisons Visiting Committee, which comprises
    several government agencies, is empowered to monitor detention center
    conditions, but it was thought to be inactive during the year.
        The Office of the Ombudsman can investigate all reports brought
    before it, including bail conditions, pretrial detention, and
    confinement of juvenile offenders. However, it is not involved in
    negotiating alternatives for suspects facing the law. The Office of the
    Ombudsman did not publish findings of any investigations it conducted
    during the year.
        The Government permitted limited independent monitoring of prison
    conditions by some local and international human rights groups and
    diplomatic missions; however, neither the media nor the International
    Committee of the Red Cross (ICRC) was granted access to detainees or
    prisoners during the year.

        d. Arbitrary Arrest or Detention.--The constitution and law
    prohibit arbitrary arrest and detention; however, there were numerous
    instances of police and other security forces arbitrarily arresting and
    detaining citizens.

        Role of the Police and Security Apparatus.--The armed forces are
    responsible for external defense and report to the minister of defense,
    a position held by the president. The police, under the interior
    minister, are responsible for public security. The National
    Intelligence Agency (NIA) is responsible for protecting state security,
    collecting intelligence, and conducting covert investigations; it
    reports directly to the president. The NIA is not authorized to
    investigate police abuses, but during the year, the NIA often assumed
    police functions such as detaining and questioning criminal suspects.
    Security forces frequently were corrupt and ineffective. On occasion
    security forces acted with impunity and defied court orders.
        The police human rights and complaints unit receives and addresses
    complaints of human rights abuses committed by police officers from
    both civilians and other police officers. During the year, the unit
    received several complaints, and some police officers faced
    disciplinary action as a result.

        Arrest Procedures and Treatment While in Detention.--The law
    requires that authorities obtain a warrant before arresting a person;
    however, in practice individuals often were arrested without a warrant.
    Periods of detention generally ranged from a few to 72 hours, the legal
    limit after which detainees must be charged or released; however, there
    were numerous instances of detention surpassing the 72-hour limit.
    Detainees generally were not informed promptly of charges against them.
    There was a functioning bail system; however, the courts occasionally
    released accused offenders on bail only to have police or other law
    enforcement personnel rearrest them as they were leaving the court.
    Detainees were not allowed prompt access to a lawyer or family members;
    convicted prisoners were generally permitted to meet privately with
    their attorneys. Indigent persons accused of murder or manslaughter
    were provided a lawyer at public expense.
        Military decrees enacted prior to the adoption of the constitution
    give the NIA and the interior minister broad powers to detain
    individuals indefinitely without charge ``in the interest of national
    security.'' These detention decrees were inconsistent with the
    constitution, but have not been subject to judicial challenge. The
    Government claimed it no longer enforced the decrees; however, there
    were numerous detentions during the year that exceeded the 72-hour
    limit.
        Security forces arbitrarily arrested journalists during the year
    (see section 2.a.).
        Security forces arbitrarily arrested and detained civilians and
    members of the military during the year. For example, on March 5, the
    former minister of fisheries and water resources, retired Major
    Antouman Saho, was arrested and detained at Mile 2 Central Prison for
    several weeks without charge. He was released and rearrested several
    times, spending a total of more than four months in detention without
    charge, well beyond the 72-hour legal limit. He was finally pardoned by
    the president and released without charge in July.
        On July 15, eight men accused of plotting to overthrow the
    Government were convicted of treason and conspiracy and sentenced to
    death. The eight men are former chief of defense staff (CDS) of the
    Gambia Armed Forces (GAF) Lieutenant General Lang Tombong Tamba; former
    director of operations and training of the GAF Brigadier General Omar
    Bun Mbye; the commander of the army unit in the president's home
    village, Lieutenant Colonel Kawsu Camara; the head of military
    intelligence in the GAF, Major Momodou Lamin Bo Badjie; former deputy
    inspector general of police Momodou Gaye; former diplomat Ngorr Secka;
    real estate dealer Abdoulie Joof; and businessman Yusuf Ezziden. The
    men were arrested in November 2009 but were not charged until March
    2010--well beyond the 72-hour legal limit. They were accused of
    plotting to overthrow the Government, procuring weapons, and recruiting
    and training mercenaries in Guinea-Bissau to help them stage a coup.
    They vehemently denied all the charges and filed an appeal, which was
    before the Court of Appeal at year's end.
        On June 18, former CDS General Tamba and former chief of naval
    staff Rear Admiral Sarjo Fofana were charged with concealment of
    treason in relation to the foiled coup plot in 2006 masterminded by
    former CDS Colonel Ndure Cham. Tamba, who was deputy CDS at the time,
    was credited with foiling the plot when he telephoned President Jammeh
    in Mauritania to inform him of the plan and mobilized loyal forces to
    arrest officers said to be involved.
        In December 2009 NIA director Ousman Sowe was dismissed, arrested,
    and held incommunicado for several days. There were reports that he was
    accused of ``delaying a document of national security interest.'' Sowe
    was being held without access to his family or lawyers at year's end.
        On May 13, Bakary Gassama, former financial director of the NIA,
    was released after more than a year in detention on charges of abuse of
    office. He was later appointed as Financial Director at the National
    Drug Enforcement Agency (NDEA).
        In June 2009 information surfaced on the lengthy incommunicado
    detention of four citizens. Kemo Conteh, army Staff Sergeant Sam
    Kambai, NIA officer Kebba Seckan, and Samsudeen Jammeh were brought
    before a magistrate in Brikama, along with 12 Senegalese nationals from
    the southern Casamance region; the four citizens had been held for two
    to three years incommunicado on terrorism charges in an unknown
    location. Their trial, which began on August 27, continued at year's
    end.
        Two of the detainees held after the disclosure of the 2006 abortive
    coup plot--Alieu Lowe, nephew of the fugitive coup leader, and Abdoulie
    Njie--were still being held at Mile 2 Central Prison without charge,
    but their families were allowed access to them during the year. The
    trial of a third detainee, Hamadi Sowe, who was charged with
    concealment of treason, continued at year's end.
        Backlogs and inefficiency in the justice system resulted in lengthy
    pretrial detention. Approximately 40 inmates in the prison system were
    in pretrial detention, and some had been incarcerated for several years
    awaiting trial. Several long-term detainees were released without
    charge or pardoned during the year.

        e. Denial of Fair Public Trial.--The constitution and law provide
    for an independent judiciary; however, the courts, particularly at the
    lower levels, were corrupt and subject to executive pressure. AI noted
    that the presidential power to remove a judge, nominally in
    consultation with the Judicial Service Commission (JSC), impeded
    judicial independence. During the year the president removed two high
    court judges without consulting the JSC.
        Judges presiding over ``sensitive'' cases who made decisions not
    considered favorable to the Government risked being fired. For example,
    on June 8, the president dismissed Chief Justice Abdoukarim Savage
    without explanation. In June 2009 the president also terminated the
    appointment of Justice Haddy Roche, regarded as an independent thinker
    in legal circles; Roche had been dismissed from the bench twice
    previously. Several judges were dismissed under similar circumstances
    in 2008.
        Government and security forces often disregarded court orders to
    release suspects and rearrested them to provide the prosecution more
    time to prepare its case.
        Islamic, or Cadi, courts have jurisdiction over Islamic matters of
    marriage, divorce, and inheritance when Muslim parties are involved.
    District chiefs preside over local tribunals that administer customary
    law at the district level. Cadi courts and district tribunals do not
    offer standard legal representation to the parties involved, since
    lawyers are not trained in Islamic or customary law. Military tribunals
    cannot try civilians.

        Trial Procedures.--The constitution and law provide for a fair and
    public trial, and the judiciary generally enforced this right, although
    frequent delays and missing or unavailable witnesses, judges, and
    lawyers often impeded the process. Many cases also were delayed because
    of adjournments designed to allow the police or NIA time to continue
    their investigations.
        Defendants are presumed innocent. Both civilian trials and courts-
    martial are held in public, but occasionally closed-court sessions are
    held to protect the identity of a witness. No juries are used in the
    civilian courts, but court-martial proceedings are presided over by a
    judge advocate assisted by a panel of senior military officers.
    Defendants can consult with an attorney and have the right to confront
    witnesses and evidence against them, present witnesses and evidence on
    their own behalf, and appeal judgment to a higher court. Indigent
    defendants charged with murder or manslaughter have the right to
    attorneys provided at public expense. The law extends the above rights
    to all citizens, and no groups were denied these rights during the
    year; however, detainees were rarely informed of their rights or the
    reasons for their arrest or detention, according to AI.
        The judicial system suffered from inefficiency at all levels. Cases
    continued to be delayed because the court system was overburdened. To
    alleviate the backlog, the Government continued to recruit judges and
    magistrates from other commonwealth countries that have similar legal
    systems. The attorney general oversees the hiring of foreign judges on
    contract. The Government reserves the right not to renew a judge's
    contract.
        The judicial system recognizes customary, Sharia (Islamic), and
    general law. Customary law covers marriage and divorce for non-Muslims,
    inheritance, land tenure, tribal and clan leadership, and other
    traditional and social relations. Customary law recognizes the rights
    of all citizens regardless of age, gender, and religion. It does not
    call for discrimination, but women are expected to show respect for
    their husbands and children for their parents.
        Sharia was employed primarily in Muslim marriage and divorce
    matters; it favored men in its provisions. General Law, following the
    British model, applied to felonies and misdemeanors and to the formal
    business sector.

        Political Prisoners and Detainees.--During the year there were
    credible reports that the Government held civilians based on their
    political views or associations, and some were held incommunicado for
    prolonged periods. There were about 20 political prisoners in detention
    at year's end.
        For example, United Democratic Party (UDP) supporter Kanyiba Kanyi,
    who was arrested by men believed to be state security agents and held
    without charge shortly before the 2006 presidential elections, remained
    in prison at year's end. The Government has not permitted access to
    Kanyi by international humanitarian organizations or his lawyer. In
    2008 Kanyi's lawyer, who maintained Kanyi was being held by the NIA,
    filed an application to force the state to comply with the 2006 high
    court rulings to free him. In July 2009 the judge presiding over the
    case returned the case file to the Office of the Chief Justice in an
    apparent attempt to recuse himself from the trial; the judge provided
    no explanation for the return of the case file. Kanyi reportedly was
    sighted by a relative in March 2008 at the Royal Victoria Hospital,
    where he was being escorted by wardens from Mile 2 Central Prison.
        The whereabouts of Chief Ebrima Manneh, who also was arrested
    without charge in 2006, remained unknown at year's end. The Government
    denied Manneh was in its custody (see section 1.b.).

        Civil Judicial Procedures and Remedies.--The high court has
    jurisdiction to hear cases for civil and human rights violations,
    although it may decline to exercise its powers if it is satisfied that
    adequate means of redress are available under other laws. The Indemnity
    Act continued to prevent victims from seeking redress in some cases.

        f. Arbitrary Interference With Privacy, Family, Home, or
    Correspondence.--The constitution and law prohibit such actions, but
    the Government did not always respect these prohibitions in practice.
    The Government did generally enforce Decree 45, which applies
    constitutional safeguards against arbitrary searches and the seizure of
    property without due process.
        Observers believed the Government monitored citizens engaged in
    activities that it deemed objectionable.
    Section 2. Respect for Civil Liberties, Including:

        a. Freedom of Speech and Press.--The constitution and law provide
    for freedom of speech and of the press; however, the Government limited
    these rights by intimidation, detention, and restrictive legislation.
    In a July 2009 television interview, President Jammeh warned that
    journalists who tarnished the country's image would be ``severely dealt
    with.'' Although the independent press practiced self-censorship,
    opposition views regularly appeared in the independent press, and there
    was frequent criticism of the Government in the private media.
        The Government published one newspaper, The Gambia Info. The
    privately owned Daily Observer favored the Government in its coverage.
    There were seven other independent newspapers, including one published
    by an opposition political party that remained highly critical of the
    Government. There was one independent biweekly magazine.
        One government-owned and nine private radio stations broadcast
    throughout the country. During most of the year, the Government-owned
    Gambia Radio and Television Services (GRTS) gave limited coverage to
    opposition activities. GRTS television rebroadcast CNN, while local
    radio stations rebroadcast the BBC, Radio France Internationale, Voice
    of America, and other foreign news sources, all of which were also
    available via shortwave radio. GRTS television, foreign cable, and
    satellite television channels broadcasting independent news coverage
    were available in many parts of the country, and the Government allowed
    unrestricted access to such networks.
        The deterioration of the country's media environment continued
    during the year. The Government harassed journalists who wrote articles
    it considered inaccurate and investigated cases it considered
    sensitive. Several journalists reportedly went into hiding from fear of
    government retaliation.
        Security forces arbitrarily arrested and detained numerous
    journalists during the year. For example, on August 9, The Point
    newspaper deputy editor in chief Abba Gibba and reporter Sainey Marenah
    were summoned by a high court judge presiding over the trial of former
    inspector general of police Ensa Badjie following publication in The
    Point of a report headlined ``My Client Was Tortured to Obtain
    Statement.'' The article quoted defense lawyer Borry Touray as saying
    in court that his client had told him he was tortured severely by his
    interrogators before they took his ``voluntary'' statement. Justice
    Emmanuel Amadi questioned the journalists over the source of the
    article, saying no such statement was made in court. However, Touray
    immediately came to their defense, saying he indeed made the statement
    in court. They were released immediately.
        In February 2009 Pap Saine, coproprietor and managing editor of The
    Point, was arrested and subsequently charged with publishing false
    information; Saine reported on the transfer of diplomat Lamin Sabi
    Sanyang from NIA headquarters to Mile 2 Central Prison and on the
    appointment of former minister Neneh Macdouall-Gaye to an
    ambassadorship. The high court withdrew the charge in July.
        In March 2009 police arrested Halifa Sallah, a former presidential
    candidate and the publisher of the newspaper Foroyaa, for allegedly
    trying to incite citizens to challenge ``a lawful order of the
    president to screen witches''; Sallah had criticized the Government-
    backed abduction of alleged witches during the year (see section 1.b.).
    In March 2009 the director of public prosecution announced that all
    charges were dropped ``in the interest of peace and justice.''
        In June 2009 seven journalists were arrested for their role in the
    publication of a statement by the Gambia Press Union (GPU) responding
    to remarks by President Jammeh on the 2004 killing of newspaper
    publisher Deyda Hydara; the GPU characterized the president's remarks
    as un-Islamic, inappropriate, and provocative. They added that such
    statements would not exonerate the Government from involvement in the
    killing. In June 2009 the court charged the journalists with three
    counts of sedition and seditious publication. In July 2009 the court
    discharged one of the journalists for lack of evidence. On August 5,
    the remaining six journalists were convicted on all six counts and
    sentenced to two years in prison plus a fine of one million dalasi
    ($35,714); failure to pay the fine would result in an additional two
    years' imprisonment. On September 3, the six journalists were released
    following a pardon by President Jammeh, who said the gesture was in
    honor of the Muslim month of Ramadan.
        In June 2009 reporter Augustine Kanjia of The Point was arrested at
    Kanifing court for allegedly taking pictures of the six journalists
    charged with sedition and defamation. He was released on bail after
    spending two days in detention and thereafter left the country.
        In August 2009 authorities arrested Abdoulie John, the deputy
    editor in chief and French language columnist of the progovernment
    Daily Observer, on charges of refusing to recognize the appointment of
    a new managing director of the paper. John was cautioned and released
    without charge on the same day.
        The trial of Today proprietor and editor Abdul Hamid Adiamoh,
    arrested in 2008 following the publication of a story about
    schoolchildren who skipped classes to salvage scrap metal, continued at
    year's end; he was charged with publication with seditious intent.
        Political activist Fatou Jaw Manneh, a foreign-based Gambian
    journalist who was convicted in 2008 of sedition, departed the country
    after her family paid the 250,000 dalasi ($9,260) fine.
        Foreign missionaries David and Rachel Fulton, who in 2008 pled
    guilty in a magistrate court in Banjul to advocating the violent
    overthrow of the Government, were released from prison during the
    course of the year after serving a year's sentence in Mile 2 Central
    Prison. They also paid a fine of 250,000 dalasi ($9,260) each. Both
    returned to the United Kingdom. The Fultons were arrested in 2008 for
    publishing ``negative articles'' and sending ``negative letters'' about
    the country and its government to individuals and organizations.
        In some cases journalists from certain independent newspapers were
    denied access to state-sponsored events and press conferences due to
    official disapproval of their editorial stances.

        Internet Freedom.--There were no government restrictions on access
    to the Internet or reports that the Government monitored e-mail or
    Internet chat rooms. Individuals and groups could generally engage in
    the peaceful expression of views via the Internet, including by e-mail.
    However, Internet users reported they could not access the Web sites of
    two U.S.-based online newspapers, Freedom and The Gambia Echo, which
    were critical of the Government and most of its actions. Although many
    citizens were illiterate and most did not have computers or Internet
    connections at home, Internet cafes were popular in urban areas.
    According to International Telecommunication Union statistics for 2008,
    approximately 6.8 percent of the country's inhabitants used the
    Internet.

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

        b. Freedom of Peaceful Assembly and Association.--The constitution
    and law provide for freedom of assembly and association, and the
    Government generally respected these rights in practice. However,
    police sometimes refused to issue permits to opposition parties wishing
    to hold political rallies.
        The opposition UDP reported that police did not issue permits for a
    July 2009 meeting in Serrekunda or an August 2009 meeting in Bakau; the
    August meeting, however, proceeded without police permission.
        For example, on April 1, leading opposition activist Femi Peters
    was sentenced to one year in prison and fined 10,000 dalasi ($360) for
    organizing a political rally and using a loudspeaker without a police
    permit as required under the Public Order Act. Peters, who was the
    campaign manager of the UDP, was arrested in October 2009 after the UDP
    held a rally in Serrekunda without prior police authorization. The
    opposition said the police were using the issue of a permit to stifle
    their legitimate right to hold meetings. Peters appealed his
    conviction; it was dismissed by the court of appeal on August 5.

        c. Freedom of Religion.--For a discussion of religious freedom, see
    the Department of State's 2010 International Religious Freedom Report
    at http://www.state.gov/g/drl/rls/irf/2010/index.htm.

        d. Freedom of Movement, Internally Displaced Persons, Protection of
    Refugees, and Stateless Persons.--The constitution and law provide for
    freedom of movement within the country, foreign travel, emigration, and
    repatriation, but allow for ``reasonable restrictions.'' Restrictions
    were imposed on foreign travel for many persons released from
    detention, often because their travel documents were temporarily
    confiscated at the time of their arrest or soon afterwards. As a rule,
    all government employees were required to obtain permission from the
    office of the president before traveling abroad.
        The Government cooperated with the Office of the UN High
    Commissioner for Refugees (UNHCR) and other humanitarian organizations
    to assist internally displaced persons, refugees, asylum seekers,
    stateless persons, and other persons of concern. The UNHCR coordinated
    government efforts with the International Organization for Migration,
    the Gambia Red Cross Society, and other agencies to provide this
    protection and assistance.
        The law prohibits forced exile, and the Government did not use it.

        Protection of Refugees.--Neither the constitution nor the law
    provides for the granting of asylum or refugee status, but the
    Government has established a system for providing such protection to
    refugees and granted refugee status during the year. In practice the
    Government provided protection against the expulsion or return of
    refugees to countries where their lives or freedom would be threatened.
        In 2008, consistent with international agreements, the UNHCR
    terminated the refugee status of Sierra Leoneans who fled during that
    country's civil war. During the year, the Government and UNHCR provided
    local integration opportunities to the remaining 130 Sierra Leoneans in
    the country. In 2009 the Government also facilitated the voluntary
    repatriation of 27 Liberian refugees, and another 15 refugees in 2010,
    leaving an estimated 585 others in the country at year's end.
        UNHCR reported 9,100 refugees in the country, of whom approximately
    8,300 are Senegalese who fled the Casamance conflict in Senegal. UNHCR
    provided assistance with basic needs and services and implemented
    livelihood programs. The country also hosted smaller numbers of
    refugees from Liberia, Cote d'Ivoire, Togo, and the Democratic Republic
    of Congo.
    Section 3. Respect for Political Rights: The Right of Citizens to
            Change Their Government
        The constitution and law provide citizens the right to change their
    government peacefully, and citizens exercised this right in practice
    through periodic elections held on the basis of universal suffrage.

        Elections and Political Participation.--In 2006 Alhaji Yahya Jammeh
    was reelected to a third term as president, winning approximately 67
    percent of the vote. The main opposition political party, the UDP,
    challenged the election results; however, the courts upheld the
    results. In the 2007 National Assembly elections, the ruling APRC won
    42 of the 48 elected seats, and President Jammeh appointed five
    nominated members, including the speaker. The presidential and National
    Assembly elections were declared partially free and fair;
    irregularities included underage voting, voting by noncitizens, and
    biased media coverage.
        Individuals representing political parties or running as
    independents could freely declare their candidacy, if their nominations
    were approved according to the rules of the independent electoral
    commission.
        Political parties generally operated without restriction; however,
    police sometimes refused to issue permits for opposition parties to
    hold public meetings (see section 2.b.).
        There were four women in the 53-seat National Assembly; two were
    elected and two were nominated by the president. At year's end, there
    were three women in the 16-member cabinet, including the vice
    president.
        No statistics were available on the percentage of minorities
    included in the legislature or the cabinet. However, President Jammeh
    and many members of his administration are from the previously
    marginalized minority Jola ethnic group.
    Section 4. Official Corruption and Government Transparency
        The law provides criminal penalties for official corruption;
    however, the Government did not implement the law effectively. The
    World Bank's Worldwide Governance Indicators reflected that corruption
    was a serious problem.
        The president spoke against corruption on numerous occasions during
    the year, and on July 22 formally enunciated a policy of ``zero
    tolerance for drugs and corruption.'' The financial intelligence unit,
    which was established in 2009, is responsible for combating corruption.
        During the year the Government prosecuted several senior police,
    military, and civilian officials for corruption. For example, on March
    2, former inspector general of police Ensa Badjie, former commander of
    the military police unit of the army Lieutenant-Colonel Mam Matarr
    Secka, and Major Kuluteh Manneh were dismissed from their positions;
    they had been detained on numerous criminal charges including
    corruption, abuse of office, involvement in drug related crimes and
    armed robbery. Their trial continued at year's end.
        On March 5, another group of four senior officers from the NDEA,
    including Director General Ebrahim Bun Sanneh; his deputy, Karamo
    Bojang; and former director of operations Ousman Sanneh, were dismissed
    and charged with drug-related offenses, corruption, and abuse of
    office. Their trial continued at year's end.
        In November 2009 Lieutenant Colonel Gibril Bojang, former commander
    of the presidential guard, was convicted on charges of theft and
    sentenced to two years' imprisonment and a fine of 1,110,086 dalasis
    ($41,100). Bojang, who pled as charged, said the money was not used for
    personal gain but for the welfare of his unit.
        In November 2009 six judiciary officials, including judicial
    secretary Haruna Jaiteh and high court judges Nguie Mboob-Janneh, Amie
    Saho-Ceesay, and Saffie Njie, were suspended without pay due to
    allegations of embezzlement of court fines, forfeitures, and auctions.
    The officials, who also included junior clerks Pa Modou Njie and
    Momodou L. Sonko, were charged with embezzlement totaling 4,232,000
    dalasis ($157,000). The trial continued at year's end.
        Public officials were subject to financial disclosure laws.
        The constitution and law do not provide for public access to
    government information. Under the official secrets act, civil servants
    are not allowed to divulge information about their departments or to
    speak to the press without prior clearance from their department heads.
    Section 5. Governmental Attitude Regarding International and
            Nongovernmental Investigation of Alleged Violations of Human
            Rights
        A number of domestic and international human rights groups
    generally operated without government restriction, investigating and
    publishing their findings on human rights cases. Government officials
    were somewhat cooperative and responsive to their views. Some members
    of domestic human rights groups reportedly practiced self-censorship in
    matters related to the Government. Several groups expressed concern
    over detainees held incommunicado, but the Government did not respond.
        The Government allowed visits during the year by the UN and other
    international governmental organizations, such as ECOWAS and the
    Commonwealth Secretariat; however, the Government offered no response
    to reports issued after the visits. The Government denied prison access
    to the ICRC during the year.
        The Office of the Ombudsman operated a national human rights unit
    (NHRU) to promote and protect human rights and to support vulnerable
    groups. The office was established by the Government and receives
    government funding. During the year the unit received complaints
    regarding unlawful dismissals, termination of employment, unfair
    treatment, and illegal arrest and detention.
        On October 3, two prominent gender activists and anti-FGM
    campaigners were arrested and charged with stealing 30,000 euros
    ($40,200) granted by the Spanish nongovernmental organization (NGO)
    Yolocamba Solidaridad. Dr. Isatou Touray, Executive Director of the NGO
    Gambia Committee on Traditional Practices Affecting the Lives and
    Circumstances of Women and Children (GAMCOTRAP), and the agency's
    Program Coordinator, Mrs. Amie Bojang Sissoho, were denied bail and
    spent eight days in prison custody before their trial could proceed.
    The charges of theft were reportedly based on the findings of an
    investigation panel that looked into GAMCOTRAP's management of the
    Yolocamba grant. A previous panel set up by the Office of the President
    in May concluded that the allegations of mismanagement were unfounded.
    A number of women circumcisers who worked with GAMCOTRAP in its
    campaign to end FGM were brought in by the authorities to testify. The
    case was still before the courts at year's end.
    Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
        The constitution prohibits discrimination based on race, religion,
    gender, disability, language, or social status, and the Government
    generally enforced these prohibitions.

        Women.--The law prohibits rape, but the problem remained despite
    the stiff penalties imposed by the Government. The penalty for rape of
    an adult is life in prison, and the maximum penalty for attempted rape
    is seven years' imprisonment.
        No statistics are available on the number of rape cases but all
    incidents reported to the police were diligently prosecuted and in the
    majority of cases the culprits were convicted. About 10 rape cases were
    brought to the courts during the year. The law against spousal rape was
    difficult to enforce effectively, as many did not consider spousal rape
    a crime and failed to report it.
        Domestic violence, including spousal abuse, was a widespread
    problem; however, it was underreported due to the stigma surrounding
    such violence. There was no law prohibiting domestic violence; however,
    cases of domestic violence could be prosecuted under laws prohibiting
    rape, spousal rape, and assault. There have been no prosecutions
    because cases of domestic violence are often settled through counseling
    and dialogue with family elders. There are no shelters or hotlines for
    victims. One of the leading women's rights NGOs in the country,
    GAMCOTRAP, has included gender-based violence in its training modules
    for combating FGM. Police generally considered reports of spousal rape
    to be domestic issues outside of their jurisdiction.
        Prostitution is illegal; however, it was a major problem,
    particularly in tourist areas. Women were forcibly trafficked for
    commercial sexual exploitation. The tourism offenses act prohibits sex
    tourism, which reportedly increased significantly during the year.
        The law prohibits sexual harassment and provides for a one-year
    mandatory prison sentence for offenders; however, sexual harassment
    remained a problem, although no cases were reported during the year.
        The Government did not interfere with the basic right of couples
    and individuals to decide freely and responsibly the number, spacing,
    and timing of their children, and to have the information and means to
    do so free from discrimination, coercion, and violence. Couples and
    individuals had access to contraception and skilled attendance during
    childbirth, including essential obstetric and postpartum care. Women
    were equally diagnosed and treated for sexually transmitted infections,
    including HIV. The maternal mortality rate in 2008 was 281 per 100,000
    live births.
        During the year the national reproductive and child health unit of
    the department of health and social welfare continued to implement a
    reproductive health campaign launched in 2007. The campaign, which was
    funded by the World Health Organization, was designed to encourage men
    to become involved with sexual and reproductive health issues. All
    maternal health care services were provided free of charge in
    government-run hospitals.
        Traditional views of women's roles resulted in limited societal
    discrimination in education; however, employment in the formal sector
    was open to women at the same salary rates as men. No statutory
    discrimination existed in other kinds of employment, access to credit,
    or owning and managing a business; however, limited societal
    discrimination still lingers, and women generally were employed in such
    pursuits as food vending or subsistence farming. Women's ability to own
    land was hampered by their low earning power rather than any
    traditional or cultural practices that prohibit such ownership. Women
    who own land have the same opportunities to access loans or credit as
    long as they are willing to offer such property as collateral.
        Sharia is applied in marriage, divorce, and inheritance cases for
    Muslims, who make up more than 90 percent of the population. Women
    normally received a lower proportion of assets distributed through
    inheritance than males. The churches concerned and the office of the
    attorney general settled Christian and civil marriage and divorce
    issues.
        Marriages often were arranged and, depending on the ethnic group,
    polygyny was practiced. Women in polygynous unions had problems with
    property and other rights arising from the marriage. They also had the
    option to divorce, but no legal right to disapprove or be notified in
    advance of subsequent marriages by their husbands. The women's bureau
    under the Office of the Vice President oversees programs to ensure the
    legal rights of women. Active women's rights groups existed.

        Children.--Citizenship is derived by birth within the country's
    territory and from one's parents; however, not all births were
    registered. To access health care and treatment at public health
    centers, children were required to have a clinic card, which was
    available without birth registration. Birth certificates are often
    required at enrollment in schools, but they could easily be obtained.
        The constitution and law mandate free, compulsory primary education
    from ages six to 12, but the inadequate infrastructure prevented
    effective compulsory education, and children paid fees to attend
    school. During the year the Government estimated that 75 percent of
    children were enrolled in primary schools. Another 15 percent were
    enrolled in Islamic schools, called madrassas. Girls constituted
    approximately 51 percent of primary school students and an estimated
    one-third of high school students. The enrollment of girls was low in
    rural areas, where poverty and cultural factors often led parents to
    decide against sending their daughters to school. As part of the
    Government's ongoing initiative to increase the numbers of girls in
    school, the Government continued a countrywide program to pay basic
    school fees for all girls; however, in many regions, both girls and
    boys were still required to pay for books, lunch, school fund
    contributions, and exam fees.
        The penalty for raping a minor, as with adults, is life
    imprisonment. However, because of the difficulty of proving rape of
    minors, particularly very young children, the charge is mostly
    defilement or having carnal knowledge, both of which carry a prison
    sentence of 14 years. There were two convictions for rape of a minor
    during the year: Nfamara Saidykhan and Omar Kittan were both sentenced
    to life imprisonment. There were several other convictions for
    defilement or having carnal knowledge of a minor: Samba Baldeh,
    sentenced to 25 years; Abdoulie Bahoum, sentenced to 14 years and
    ordered to pay compensation of one million dalasi ($35,714) to the
    victim; Musa Ceesay, sentenced to 14 years and ordered to pay 100,000
    dalasi ($3,571) compensation; and Davidson Jones and Landing Mboob,
    both sentenced to 14 years. In Mboob's case, his accomplice, Mansour
    Manneh, was also sent to prison for 14 years for aiding and abetting a
    rapist. In August 2009 Musa Sarr was sentenced to life imprisonment for
    raping a girl.
        Authorities generally enforced laws when cases of child abuse or
    mistreatment were brought to their attention. Carnal knowledge of a
    girl under the age of 16 is a felony except in the case of marriage,
    which can be as early as 12 years of age. Incest also is illegal.
    Serious cases of abuse and violence against children were subject to
    criminal penalties.
        In March 2009 Anthony Michael Dobson, a 61-year-old New Zealand
    national, was convicted of child pornography and sentenced to one year
    in prison. Dobson was arrested in 2008 and charged with child
    pornography and defilement of a girl under the age of 16; he was
    acquitted of the defilement charge. His Gambian accomplice, who was
    standing trial for procurement, was also acquitted.
        Peter Paul Hornberger, a German national who was arrested in 2008
    for ``indecent assault'' on an 11-year-old boy, remained in prison
    awaiting sentencing at year's end.
        The law does not prohibit female genital mutilation (FGM), and the
    practice remained widespread. A survey by the United Nations Children's
    Fund conducted in 2005/06 found that approximately 78 percent of girls
    and women have undergone FGM, and seven of the nine major ethnic groups
    reportedly practiced it at ages varying from shortly after birth until
    age 16. FGM was less frequent among educated and urban groups. Some
    religious leaders publicly defended the practice. There were reports of
    health complications, including deaths, associated with FGM; however,
    no accurate statistics were available. Several NGOs conducted public
    education programs to discourage the practice and spoke out against FGM
    in the media.
        In 2009 more than 30 National Assembly members attended a seminar
    organized by GAMCOTRAP on the harmful effects of FGM. GAMCOTRAP was
    campaigning for a law banning FGM.
        In May 2009 Vice President Isatou Njie-Saidy chaired an
    international conference calling for an end to FGM.
        There are no laws against forced marriage, and in many villages,
    especially Bajakunda, young girls were forced to marry at a young age.
        Children in prostitution worked in some brothels, often to support
    their families or because they were orphans. The tourist industry
    stimulated a high level of child prostitution without third party
    involvement. Children were also trafficked for forced commercial sexual
    exploitation. Some NGOs also believed that tourists living in remote
    guesthouses and motels were involved in the sexual exploitation of
    children. Security forces in the tourism development area were
    instructed to turn away all minors who approached the main resort areas
    without an acceptable reason, although they seldom turned away such
    children.
        The country is not a party to the 1980 Hague Convention on the
    Civil Aspects of International Child Abduction. For information on
    international child abduction, please see the Department of State's
    annual Report on Compliance with the Hague Convention on the Civil
    Aspects of International Child Abduction at http://travel.state.gov/
    abduction/resources/congressreport/congressreport--4308.html.

        Anti-Semitism.--There was no known Jewish community, and there were
    no reports of anti-Semitic acts.

        Trafficking in Persons.--For information on trafficking in persons,
    please see the Department of State's annual Trafficking in Persons
    Report at www.state.gov/g/tip.

        Persons With Disabilities.--The constitution protects persons with
    disabilities--specifically stating ``disabled or handicapped''
    persons--against exploitation and discrimination, in particular as
    regards access to health services, education, and employment. The law
    also provides that in any judicial proceedings in which a disabled
    person is a party, the procedure shall take into account his or her
    condition. The Department of Social Welfare is responsible for ensuring
    that persons with disabilities are not denied these rights. There were
    no reports of persons with disabilities being involved in any judicial
    proceedings. The department also worked with international donors to
    supply wheelchairs to some persons with disabilities. However, there
    was some societal discrimination. Persons with severe disabilities
    subsisted primarily through private charity. Persons with less severe
    disabilities were accepted fully in society, and they encountered
    little discrimination in employment for which they were physically
    capable. There were no laws to ensure access to buildings for persons
    with disabilities, and very few buildings in the country were
    accessible to them. The Department of Social Welfare worked with the
    Gambia Organization for the Visually Impaired and the School for the
    Deaf and Blind to help educate handicapped children and to promote
    relevant skills. There are no laws or specific programs to ensure that
    persons with disabilities have access to information and
    communications.
        On June 18, police arrested an unknown number of beggars and
    mentally disabled persons loitering the streets of Banjul. They were
    loaded onto a police truck and driven away. The Government issued no
    statement; the action is assumed to be a continuation of the
    Government's efforts to end street begging, which it views as a public
    nuisance. Leaders of the Gambia Federation of the Disabled urged
    authorities to review their policy regarding persons with disabilities.
    They were instrumental in obtaining the release of several detained
    beggars with disabilities.
        The media continued to report on the rights of persons with
    disabilities, and several NGOs sought to improve awareness of these
    rights, including by encouraging the participation of persons with
    disabilities in sports and physical activities. The NHRU specifically
    sought to promote the rights of women with disabilities. Persons with
    disabilities were given priority access to polling booths on election
    days.

        Societal Abuses, Discrimination, and Acts of Violence Based on
    Sexual Orientation and Gender Identity.--The law establishes prison
    terms ranging from five to 14 years for any male that commits in public
    or private any act of gross indecency, procures another male, or has
    actual sexual contact with another male; however, to date, no one has
    been prosecuted. There is no similar law targeting women. Many citizens
    shunned lesbian, gay, bisexual, and transgender (LGBT) individuals.
        In a March 2009 speech before the National Assembly, President
    Jammeh called homosexual conduct ``strange behavior that even God will
    not tolerate.'' The president previously described homosexual conduct
    as a criminal practice and told police to arrest persons practicing
    homosexual activity and to close motels and hotels that accommodated
    them. In 2008 the president ordered all LGBT persons to leave the
    country within 24 hours and threatened to cut off their heads. Despite
    this statement, there were no reported incidents of physical violence
    against LGBT individuals. There were no LGBT organizations in the
    country.
        There is strong societal discrimination against LGBT individuals,
    but officially there are no laws that deny such individuals access to
    citizenship, employment, housing, education, or healthcare.

        Other Societal Violence or Discrimination.--Societal discrimination
    against persons infected with HIV/AIDS hindered disclosure and resulted
    in rejection by partners and relatives. The Government took a
    multisectoral approach to fighting HIV/AIDS through its national
    strategic plan, which provided for care, treatment, and support to
    persons living with or affected by HIV/AIDS. The plan also protected
    the rights of those at risk of infection. In 2007 the national AIDS
    secretariat collaborated with the Chamber of Commerce and Industry to
    develop a business coalition response to HIV/AIDS, using workplace
    policies to destigmatize it and allow workers to feel comfortable
    seeking information. Public discourse about HIV/AIDS continued during
    the year as President Jammeh continued his controversial herbal
    treatment program for the disease. Throughout the year the Ministry of
    Health urged persons to undergo voluntary HIV/AIDS counseling and
    testing.
    Section 7. Worker Rights

        a. The Right of Association.--The law provides that workers are
    free to form associations, including trade unions, without previous
    authorization or excessive requirements, and workers exercised this
    right in practice. Military personnel, police officers, and other civil
    service employees are prohibited from forming unions. Unions must
    register to be recognized, but there were no cases in which
    registration was denied to a union that applied. Approximately 20
    percent of the work force was employed in the formal wage sector, where
    unions were most active.
        The law allows the right to strike; however, the Government
    interfered with unions' right to strike. The Government places
    restrictions on the right by requiring unions to give the commissioner
    of labor written notice 14 days before beginning an industrial action
    (28 days for essential services). The law specifically prohibits
    military personnel, police officers, and other civil service employees
    from striking. Police and military personnel had access to a complaints
    unit, and civil servants could take their complaints to the public
    service commission or the personnel management office.

        b. The Right to Organize and Bargain Collectively.--The law permits
    unions to conduct their activities without interference. Unions were
    able to negotiate without government interference; however, in practice
    they lacked experience, organization, and professionalism and often
    turned to the Government for assistance in negotiations. The law allows
    workers to organize and bargain collectively, and although trade unions
    were small and fragmented, collective bargaining took place. Union
    members' wages, which generally exceeded legal minimums, were
    determined by collective bargaining, arbitration, or agreements reached
    between unions and management. Most collective agreements are
    registered with the Department of Labor and remain valid for a period
    of three years before being renewed. The law also sets minimum contract
    standards for hiring, training, and terms of employment and provides
    that contracts may not prohibit union membership.
        An employer may apply to a court for an injunction to prohibit
    industrial action that is deemed to be in pursuit of a political
    objective. The court also may forbid action judged to be in breach of a
    collectively agreed procedure for settlement of industrial disputes.
    The law prohibits retribution against strikers who comply with the law
    regulating strikes.
        Employers may not fire or discriminate against members of
    registered unions for engaging in legal union activities, and the
    Government intervened to assist workers whose employers fired them or
    discriminated against them.
        There is a government-established export processing zone (EPZ) at
    the port of Banjul and the adjacent bonded warehouses. There are no
    special laws or exemptions from regular labor laws in the EPZ.

        c. Prohibition of Forced or Compulsory Labor.--The constitution and
    law prohibit forced or compulsory labor, including by children;
    however, there were reports that forced labor occurred (see section 6).
    See also the Department of State's annual Trafficking in Persons Report
    at http://www.state.gov/g/tip

        d. Prohibition of Child Labor and Minimum Age for Employment.--
    Child labor was a problem, although the constitution prohibits economic
    exploitation of children under 16 years of age, and the law prohibits
    exploitative labor or hazardous employment of children under the age of
    18. The Children's Act also sets the minimum age for light work at 16
    years and for apprenticeship in the informal sector at 12 years. Most
    children completed their formal education by the age of 14 and then
    began work. Child labor protection does not extend to the performance
    of customary chores on family farms or petty trading. Child labor in
    informal sectors is difficult to regulate, and laws implicitly apply
    only to the formal sector. Rising school fees prohibited many families
    from sending their children to school, resulting in an increase in
    child labor. In urban areas some children worked as street vendors, or
    taxi and bus assistants. There were a few instances of children begging
    on the street. Other sectors where children between the ages of 14 and
    17 were known to work include carpentry, masonry, plumbing, tailoring,
    and auto repair. Children in rural areas worked on family farms. Unlike
    in previous years, there were almost no reports of Koranic students,
    known as ``almudus,'' being forced to beg in the streets; teachers who
    demanded this type of behavior were usually summoned by police and
    ordered to stop. Children between these ages were also involved in
    street vending and served as housemaids.
        The Department of Labor is responsible for enforcing child labor
    laws and conventions on the worst forms of child labor. Employee labor
    cards, which include a person's age, were registered with the labor
    commissioner, who was authorized to enforce child labor laws; however,
    enforcement inspections rarely took place. The law incorporates
    International Labor Organization provisions outlawing child
    prostitution and pornography. There were no specific actions by the
    Government to prevent or combat child labor during the year.

        e. Acceptable Conditions of Work.--The lowest national minimum wage
    according to law was 19.55 dalasi ($0.72) per day for unskilled labor,
    but in practice the minimum wage was 50 dalasi ($1.85) per day. The
    national minimum wage did not provide a decent standard of living for a
    worker and family. The minimum wage law covered only 20 percent of the
    labor force, essentially those in the formal economic sector, although
    most such laborers were paid above the minimum wage. Minimum wage laws
    also covered foreign and migrant workers. A majority of workers were
    employed privately or were self-employed, often in agriculture. Most
    citizens did not live on a single worker's earnings and shared
    resources within extended families. The Department of Labor is
    responsible for enforcing the minimum wage, and it did so when cases of
    underpayment were brought to its attention.
        The basic legal workweek is 48 hours within a period not to exceed
    six consecutive days. Nationwide, the workweek included four eight-hour
    workdays and two four-hour workdays (Friday and Saturday). There are no
    limits on hours worked per week and no prohibition of excessive
    compulsory overtime. A 30-minute lunch break is mandated. Government
    employees are entitled to one month of paid annual leave after one year
    of service. Most government employees were not paid overtime. However,
    government workers holding temporary positions and private sector
    workers received overtime pay calculated per hour. Private sector
    employees received between 14 and 30 days of paid annual leave,
    depending on length of service. There was no exception for foreign or
    migrant workers.
        The law specifies the safety equipment that an employer must
    provide to employees working in designated occupations. The law also
    authorizes the Department of Labor to regulate factory health and
    safety, accident prevention, and dangerous trades, and to appoint
    inspectors to ensure compliance with safety standards. Enforcement was
    inconsistent due to insufficient and inadequately trained staff.
    Workers may demand protective equipment and clothing for hazardous
    workplaces and have recourse to the labor department. The law provides
    that workers may refuse to work in dangerous situations without risking
    loss of employment; however, in practice authorities did not
    effectively enforce this right.
        The law protects foreign workers employed by the Government;
    however, it only provides protection for privately employed foreigners
    if they have a currently valid work permit. On April 3, the National
    Assembly passed an amendment to the payroll tax act which requires that
    employers not hire noncitizens in excess of 20 percent of their
    workforce except in the specialized professional category. The move was
    designed to encourage employers to train and employ more local
    citizens.

                                   __________

                                     GHANA

        Ghana, with a population of 24 million, is a constitutional
    democracy with a strong presidency and a unicameral 230-seat
    parliament. In 2008 the opposition National Democratic Congress (NDC)
    won both the presidency and a small majority in parliament in an
    election deemed generally free and fair by domestic and international
    observers; John Evans Atta Mills was inaugurated president in January
    2009. There were instances in which elements of the security forces
    acted independently of government authorities.
        Human rights problems included the following: use of excessive
    force by police, which resulted in deaths and injuries; ethnic killings
    and vigilante violence; harsh and life-threatening prison conditions;
    police impunity; prolonged pretrial detention; arbitrary arrest of
    journalists; corruption in all branches of government; violence against
    women and children, including female genital mutilation (FGM); societal
    discrimination against women, persons with disabilities, gays and
    lesbians, and persons with HIV/AIDS; trafficking in women and children;
    ethnic discrimination and politically motivated violence; and child
    labor, including forced child labor.
                            respect for human rights
    Section 1. Respect for the Integrity of the Person, Including Freedom
            From:

        a. Arbitrary or Unlawful Deprivation of Life.--There were no
    reports that the Government or its agents committed politically
    motivated killings; however, use of excessive force by security forces
    resulted in the deaths of several armed criminal suspects and other
    persons during the year.
        On April 28, an inmate in Koforidua Prison, Eastern Region, died en
    route to the hospital. According to the Criminal Records Office at the
    Ghana Prisons Service, the inmate died of illness; however, one local
    newspaper charged that the prisoner died from injuries inflicted during
    torture. No postmortem exam was conducted because the Ghana Police
    Service (GPS) denied requests by hospital staff to conduct one,
    alleging that the staff had not followed proper procedures to request a
    postmortem.
        Ethnic violence resulted in deaths. For example, on January 23,
    three persons were killed in clashes between Fulani herdsmen and
    residents in Aboboa, a farming community in the Atebubu Amantin
    district of Brong-Ahafo Region. Authorities arrested six suspects in
    the neighboring village of Duabone. The suspects remained in prison,
    and an investigation continued at year's end.
        Chieftaincy disputes, which frequently resulted from a lack of
    clear succession, competing claims over lands and other natural
    resources, and internal rivalries and feuds continued to result in
    deaths, injuries, and destruction of property.
        On January 31, one person was killed, and 36 houses and a medical
    facility were burned following the installation of a rival chief in
    Tema, a village in the Bunkpurugu-Yunyoo district of the Northern
    Region. On March 7, in the same region, three persons were killed and
    101 houses were burned during a renewed dispute between sympathizers of
    the newly appointed chief and community leaders. Police and military
    personnel were called to restore order. In April two persons were
    killed in renewed ethnic clashes in the region.
        On March 5, in Tuobodom, Brong-Ahafo Region, three persons were
    killed and more than 500 persons displaced because of fighting between
    ethnic factions after the kidnapping of a rival chief. Eight persons
    were arrested in connection with the incident. An investigation
    conducted by the Criminal Investigations Division (CID) continued at
    year's end.
        On March 22, a newly appointed chief in Garihegu, Northern Region,
    was attacked and killed by unidentified assailants while riding his
    motorbike to a nearby village. The assailants allegedly tortured the
    chief to death, ignited his motorbike, and placed the burning motorbike
    on top of him. Five persons were arrested and awaiting trial at year's
    end.
        On March 22, in Dankyira, Greater Accra Region, a clash between
    supporters of two rival chiefs resulted in three deaths. Police
    arrested 10 suspects, and the trial continued at year's end.
        Throughout the year an ongoing chieftaincy and ethnic dispute in
    Bawku, Upper East Region, resulted in an estimated five deaths; a
    polling station chairman of the opposition New Patriotic Party (NPP)
    was among the dead. Military and police personnel were deployed to the
    region, and the municipality remained under a curfew that was imposed
    several years ago. The violence occurred despite the establishment in
    February of a military barracks in the Binduri constituency of Bawku to
    assist with peacekeeping efforts.
        There were no developments in the following 2009 societal or ethnic
    killings: the February killings of two persons in the Northern Region
    as a result of a land dispute between rival clans; the February killing
    of one person over ownership of a parcel of land; the July death of one
    arsonist in a chieftaincy dispute in the Volta Region; and the August
    deaths of two men and the September deaths of three other persons as a
    result of clashes between rival ethnic groups in the Agbogbloshie
    section of Accra.
        Vigilante and societal violence continued to result in deaths
    during the year. Police took action in cases in which perpetrators were
    identified; however, witnesses were often reluctant to come forward,
    and many cases remained unsolved.
        On January 19, a mob lynched a suspected thief in Ashaiman, Greater
    Accra Region.
        In February a 21-year-old student was lynched in Birim central
    municipality, Eastern Region, by a mob that suspected his involvement
    in two alleged ritual killings in the area.
        On April 11, two suspected armed robbers were lynched by a mob in
    Sakaman, Greater Accra Region.
        On June 11, a man was lynched by a group of unidentified students
    at the University of Cape Coast, Central Region, for alleged theft. An
    investigation conducted by the Cape Coast Metropolitan Police continued
    at year's end.
        At year's end there was no new information in the following 2009
    cases of vigilante violence: the March beating death in Accra of a man
    who allegedly stole a mobile phone; the May beating death in the Volta
    Region of a woman who was accused of stealing a piece of cloth; the
    July lynching of two suspected armed robbers in an Accra suburb, and
    the July lynching of a man in Adisadel Estate, Cape Coast area.
        Persons suspected of witchcraft were killed during the year. For
    example, on November 20, in Tema, Greater Accra Region, persons
    including an evangelist pastor allegedly set fire to a 72-year-old
    woman after accusing her of being a witch. The woman died the following
    day from her injuries. Police arrested six persons; two were charged
    with murder, and four were released on bail. At year's end the trial
    continued.
        Ritual killings occurred during the year. For example, on December
    4, in Assin Gangan, Central Region, a man allegedly beheaded his three-
    year-old son for ritual purposes. A buyer in Kumasi reportedly offered
    the man 35,000 cedis ($24,000) to produce a human head that he could
    use for ritual purposes. The father was arrested, and an investigation
    continued at year's end.

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

        c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
    Punishment.--The constitution and law prohibit such practices; however,
    there were credible reports that police beat and abused suspects,
    prisoners, and other citizens. Severe beatings of suspects in police
    custody reportedly occurred throughout the country but generally were
    unreported in official channels. Police generally denied allegations or
    claimed that force was justified. Military officials also reportedly
    mistreated persons during the year. During the year several
    nongovernmental organizations (NGOs), lawyers, and civil society
    organizations publicly criticized police use of excessive force. A 2009
    call by such organizations for the Inspector General of Police (IGP) to
    take action against security force members involved in abuse resulted
    in campaigns to raise awareness and in disciplinary actions against
    such officials during the year.
        In August a police officer in Juaso, Ashanti Region, shot and
    injured a man who made a derogatory comment. Police were investigating
    the incident at year's end.
        On October 21, in Aflao, Volta Region, an immigration official
    allegedly shot and injured a taxi driver when he refused to stop at the
    border crossing. A mob subsequently burned tires and vandalized the
    offices of the Ghana Immigration Service. The border was temporarily
    closed, and the military was called to restore order. Two immigration
    officers were arrested pending further investigation, which continued
    at year's end.
        On October 27, police and security personnel in Nakpanduri,
    Northern Region, allegedly ransacked and burned homes, injured
    civilians, and repeatedly fired their guns during an operation to
    arrest an escaped convict; the interior minister subsequently issued an
    apology on behalf of the Government. The Commission on Human Rights and
    Justice (CHRAJ) noted that investigations to determine the culpability
    of individual police personnel continued at year's end.
        Violence between soldiers and police, often due to internal
    rivalries, resulted in injuries during the year. For example, on June
    4, in Kumasi, soldiers from the Fourth Garrison attacked and beat 12
    police officers stationed at various duty posts throughout the city.
    One officer was hit in the head with a hammer and was hospitalized.
    Soldiers also vandalized property at police stations and forced
    officers to flee their duty posts. In July a committee composed of
    three top-ranking military officers and three senior police officers,
    and chaired by a retired appeals court judge opened an investigation
    into the incidents.
        At year's end there was no new information in the following 2009
    cases of security force abuse: the January shooting and injuring by
    military police of a man on a motorcycle; the August police shooting
    and injuring of an 18-year-old man; the filmed abuse of two suspects
    being interrogated by military personnel in Bawku.
        Chieftaincy disputes during the year resulted in injuries.
        For example, on March 28, in the Ashanti Region, an unknown
    assailant shot and injured the village chief of the Ofoase traditional
    area.
        On April 11, youth from the Abudu faction of the Dagbon ethnic
    group attacked 11 traders at a market in Yendi, Northern Region. The
    attack was in response to the arrest of some of their leaders as a
    result of an ongoing chieftaincy dispute.
        On May 21, two persons were injured in Kaneshie, Greater Accra
    Region, when approximately 25 persons armed with machetes, axes, and
    locally manufactured pistols invaded the Ga Mantse palace in an attempt
    to remove the king. Four persons were arrested. At year's end the trial
    continued.
        On August 9, in Salaga, Northern Region, two persons were shot and
    injured in a chieftaincy dispute.
        In August in Achiaman, Greater Accra Region, nine persons were
    injured when fighting erupted between two factions in a chieftaincy
    dispute.
        On September 28, in Akuapem Mampong, Eastern Region, seven persons
    including a 10-year-old child were injured after fighting erupted
    between two factions in a chieftaincy dispute.
        There were no developments in the following violence stemming from
    chieftaincy disputes in 2009: the March incident in which police
    refused to intervene after the paramount chief of the Goaso traditional
    area, Brong-Ahafo Region, ordered his men to beat a woman for not
    kneeling before him; and the May incident in which nine persons were
    injured in the Central Region.
        Vigilante violence against suspected criminals and persons accused
    of witchcraft resulted in deaths and injuries (see sections 1.a., 1.d.,
    and 6).
        Mob violence during the year resulted in injuries and property
    damage.
        On August 31, residents of Navrongo, Upper East Region, attacked
    construction workers who were building a school in the community; the
    attack reportedly was due to the hiring of workers from outside the
    community.
        On September 16, in Tema, Greater Accra Region, approximately 200
    fishermen and fishmongers attacked construction workers who attempted
    to clear land that was slated for a construction project. The fishermen
    used the land to dry and smoke fish. The mob burned vehicles and
    buildings, threw stones, and fired at police officers. Police and
    military were called in to restore order, and 32 persons were arrested,
    of whom 28 were granted bail. An investigation continued at year's end.
        On November 8, in Gowrie, Upper East Region, students at the Gowrie
    Senior High and Technical School allegedly attacked two police officers
    during a protest against the temporary closure of the school. School
    officials closed the school after students boycotted classes and
    refused meals to protest the suspension of 18 classmates earlier in the
    year.
        There were no developments in the February 2009 attack in Greater
    Accra Region by youths who robbed and beat workers at a building site
    before burning the building because it was on their playing field.

        Prison and Detention Center Conditions.--Prison conditions
    generally were harsh and sometimes life threatening. Police beat
    suspects in custody. Much of the prison population was held in
    buildings that were originally colonial forts or abandoned public or
    military buildings with poor ventilation and sanitation, substandard
    construction, and limited space and light. Many prisoners slept on bare
    floors or took turns using beds. As many as 55 inmates commonly shared
    a cell intended for 12. According to the 2009 Prisons Service Annual
    Report, 13,778 prisoners (average daily lockup) were held in prisons
    designed to hold approximately one-third that number. The CHRAJ noted
    that the most common ailments affecting prisoners stemmed from
    overcrowding, poor nutrition, and a lack of ventilation. Medical
    facilities were inadequate, and the prisons supplied only the most
    basic medicines. Prisoners relied on families or outside organizations
    for additional food, medicine, and other necessities. According to the
    CHRAJ, the daily food stipend for prisoners was 60 pesewas ($.40),
    which the CHRAJ deemed too low. Shortages of food, bedding, clean
    water, and clothing for prisoners persisted.
        In 2009, 84 prisoners died in custody. The most common causes of
    death were tuberculosis, HIV/AIDS, and cardiovascular distress,
    although severe overcrowding sometimes also resulted in death.
        For example, in February two inmates in a police cell in Ashaiman,
    Greater Accra Region, allegedly suffocated to death. The cell in which
    the two were incarcerated was built to accommodate 10 persons, but held
    43 at the time of their deaths.
        No investigation was conducted in the May 2009 death of a detainee
    during a police raid on a police holding facility in Tesano District,
    Accra. In May 2009 the IGP suspended two officers in connection with
    the death and promised an investigation.
        There were 189 female and 121 juvenile inmates in the country's 42
    prisons. Juvenile detainees were not housed separately from adults, and
    pretrial detainees were held with convicted prisoners.
        Prisoners and detainees had reasonable access to visitors and were
    permitted religious observance. Authorities permitted prisoners and
    detainees to submit complaints to judicial authorities without
    censorship and to request investigation of credible allegations of
    inhumane conditions and treatment; however, submission of complaints by
    prisoners was not common practice. Authorities investigated credible
    allegations of inhumane conditions and treatment and documented the
    results. Whenever allegations of inhumane treatment are made, the
    accused officer is asked to respond. If prison authorities are
    unsatisfied with the response of the officer, an internal inquiry is
    launched and recommendations for disciplinary action are submitted to
    the director general of the Prisons Service.
        The Government permitted independent monitoring of prison
    conditions by the CHRAJ, which served as the official ombudsman, and
    the Welfare Unit of the Prisons Service. During the year the CHRAJ
    monitored 28 of the total 42 prisons and prison camps in the country.
    The CHRAJ and other NGOs worked on behalf of prisoners and detainees to
    help alleviate inhumane overcrowding; to address the status and
    circumstances of confinement of juvenile offenders; and to improve
    pretrial detention, bail, and recordkeeping procedures to ensure
    prisoners did not serve beyond the maximum sentence for charged
    offenses.
        The Government also permitted independent monitoring of prison
    conditions by international human rights groups, including the
    International Committee of the Red Cross; however, no such visits were
    conducted during the year.
        During the year 204 inmates in Nsawam Medium Security Prison,
    Eastern Region, were discharged under the ``Justice for All'' program,
    which began in 2008 to ease prison overcrowding and to accelerate
    judicial processes; another 251 inmates in the country were released on
    bail.

        d. Arbitrary Arrest or Detention.--The constitution and law provide
    for protection against arbitrary arrest and detention; however, the
    Government frequently violated these prohibitions.

        Role of the Police and Security Apparatus.--The GPS, under the
    Ministry of Interior, was responsible for maintaining law and order.
    The military continued to participate in law enforcement activities
    during the year. A separate entity, the Bureau of National
    Investigations, handled cases considered critical to state security and
    answered directly to the Ministry of National Security. Police
    maintained specialized units in Accra for homicide, forensics, domestic
    violence, trafficking in persons, visa fraud, narcotics, and
    cybercrimes. Such services were unavailable nationwide, however, due to
    a lack of office space, vehicles, and other equipment outside of the
    capital. In May the GPS unveiled a five-year strategic plan to increase
    police personnel, housing, vehicles, and equipment, as well as to
    establish new training academies.
        Police brutality, corruption, negligence, and impunity were
    problems. Delays in prosecuting suspects, rumors of police
    collaboration with criminals, and a widespread perception of police
    ineptitude contributed to vigilante violence during the year. There
    were also credible reports that police extorted money by acting as
    private debt collectors, setting up illegal checkpoints, and arresting
    citizens in exchange for bribes from disgruntled business associates of
    those detained (see section 4). Low salaries, which were sometimes not
    paid on time, contributed to police corruption. On July 1, the
    Government implemented the Single Spine Salary Structure, which
    increased the salaries of all police officers.
        The 33-person Police Intelligence and Professional Standards Unit
    (PIPS) investigated human rights abuses and police misconduct. During
    the year PIPS received 1034 new cases; of those, 430 cases were closed,
    and 604 remained under investigation at year's end. Among the 604 cases
    being investigated at year's end, 100 involved complaints of
    harassment, 37 involved unlawful arrest, and 46 involved alleged police
    brutality with human rights violations.

        Arrest Procedures and Treatment While in Detention.--The law
    requires judicial warrants for arrest and provides for arraignment
    within 48 hours; however, persons were frequently arrested without
    warrants, and detention without charge for periods longer than 48 hours
    occurred. Police detained some prisoners for indefinite periods by
    renewing warrants or by simply allowing them to lapse while an
    investigation was conducted. The constitution provides that a detained
    individual be informed immediately, in a language that the person
    understands, of the reasons for the detention and of his or her right
    to a lawyer at state expense if unemployed or indigent. The Government
    did not always observe these rights. With some exceptions, lawyers were
    generally assigned promptly. Authorities routinely failed to notify
    prisoners' families of their incarceration. The law requires that a
    detainee who has not been tried within a ``reasonable time'' as
    determined by the court be released either unconditionally or subject
    to conditions necessary to ensure that the person will appear in court
    at a later date; however, in practice, this provision was rarely
    observed.
        The law provides for bail, and the court has unlimited discretion
    to set bail, which was often prohibitively high. The court may refuse
    to release prisoners on bail and instead detain them without charge for
    an indefinite period, subject to weekly review by judicial authorities.
    In September a man was granted bail after spending 10 years in
    detention. On occasion, police also demanded money from suspects as a
    precondition for their release on bail.
        Lengthy pretrial detention remained a serious problem. According to
    the Prisons Service's 2009 Annual Report, 28 percent of the prison
    population was in pretrial status, a decrease from 30.5 percent in
    2008. Detainees sometimes served more time in detention awaiting trial
    than the sentence for the crime required. In 2009 the CHRAJ reported
    that one inmate at Nsawam Prison had been in pretrial detention for 17
    years.
        During the year prison officials, courts, and police continued
    efforts to reconstruct the files of at least 300 pretrial inmates; the
    files had been missing since at least 2007. Once files are
    reconstructed, trials of the detainees may begin. At year's end, 136
    inmates had been released.

        e. Denial of Fair Public Trial.--The constitution and law provide
    for an independent judiciary; however, the judiciary was inefficient
    and subject to influence and corruption (see section 4).
        Members of the military were tried separately under the criminal
    code in a military court. Military courts, which provide the same
    rights as civil courts, were not permitted to try civilians. Despite
    alternate dispute resolution (ADR) procedures to decongest the courts
    and to address judicial inefficiency, court delays persisted. Mediators
    have been trained throughout the country to implement ADR, mediation
    desks have been established in some district courts, and an ADR
    secretariat was established within the Judicial Service. Nevertheless,
    even in fast-track courts, which were established to hear cases to
    conclusion within six months, trials could last for years.
        The Chieftaincy Act gives village and other traditional chiefs the
    power to mediate local matters and to enforce customary tribal laws
    dealing with such matters as divorce, child custody, and property
    disputes. However, the authority of traditional rulers has steadily
    eroded because of a commensurate increase in the power of civil
    institutions, such as courts and district assemblies.
        A judicial complaints unit, headed by a retired Supreme Court
    justice, addressed public complaints, such as unfair treatment by a
    court or judge, unlawful arrest or detention, missing dockets, delayed
    trials and delivery of judgments, and alleged bribery of judges. During
    2009 the unit received 345 complaints, of which 294 were resolved and
    51 remained under investigation at year's end.

        Trial Procedures.--The constitution and law provide for the right
    to a fair trial, and the judiciary generally enforced this right;
    however, the judiciary was sometimes inefficient and subject to
    influence and corruption. Defendants are presumed innocent, trials are
    public, and defendants have a right to be present, to be represented by
    an attorney (at public expense if necessary), and to cross-examine
    witnesses. Defendants and their attorneys have access to government-
    held evidence relevant to their cases and have a right to appeal.
    Defendants have the right also to present witnesses and evidence.
    Juries are used in murder trials. The law extends the above rights to
    all citizens. In practice, authorities generally respected these
    safeguards.

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

        Civil Judicial Procedures and Remedies.--There is an independent
    and impartial judiciary in civil matters, and citizens had access to a
    court to bring lawsuits seeking damages for, or cessation of, a human
    rights violation.
        Fast-track courts and automated commercial courts continued efforts
    to streamline resolution of disputes, although delays were common. A
    growing number of automated courts, whose proceedings were expedited
    through electronic data management, were established across the
    country.

        f. Arbitrary Interference With Privacy, Family, Home, or
    Correspondence.--The constitution and law prohibit such actions;
    however, the Government sometimes infringed on privacy rights. Although
    the law requires judicial search warrants, police seldom obtained them
    in practice.
    Section 2. Respect for Civil Liberties, Including:

        a. Freedom of Speech and Press.--The constitution and law provide
    for freedom of speech and of the press; however, the Government
    sometimes restricted those rights during the year. Journalists were
    arbitrarily arrested and detained during the year, and some practiced
    self-censorship.
        Individuals generally could criticize the Government publicly or
    privately without reprisal; however, local authorities sometimes
    arrested or harassed its critics.
        For example, on May 24, in Kumasi, Ashanti Region, opposition NPP
    activist Adu Gyamfi was arrested for referring to President Mills as a
    chimpanzee during a radio program on Fox FM. Gyamfi was released after
    48 hours when President Mills said he was not interested in pressing
    charges against the radio commentator.
        The independent media were active and expressed a wide variety of
    views without restriction. There were reports that the Government paid
    journalists ``time and transportation'' costs to facilitate coverage.
        There were an estimated 1,200 newspapers and magazines registered
    with the National Media Commission, approximately 200 FM radio
    stations, and 17 television stations across the country. The most wide-
    reaching print outlets were owned by the state; the majority of
    television and radio stations were privately owned.
        On January 26, a photographer with the Daily Guide, an Accra-based
    privately owned newspaper, was arrested and detained on orders of the
    Accra High Court. Police claimed that the photographer, who was
    covering the trial of four criminals convicted of murder, did not have
    permission to photograph the convicts.
        Opposition NPP activist and radio commentator Nana Darkwa Baafi,
    who alleged during a February 18 radio discussion that former president
    Rawlings deliberately set a fire at his residence, was arrested and
    charged with publication of false news with the intent to cause fear
    and alarm to the public. Baafi was initially refused bail by an Accra
    Circuit Court; however, his case was dismissed, and he was released.
        On September 16, police in Tamale, Northern Region, forced the
    temporary closure of privately owned North Star Radio for airing an
    inflammatory press conference during which a chief voiced his
    displeasure about the behavior of some of his fellow chiefs. Observers
    believed, however, that the temporary closure resulted from broadcasts
    that allegedly inflamed local tensions over a longstanding conflict
    between two ethnic groups in the Upper East Region.
        On March 24, a former national security operative forced a reporter
    of the independent JOY FM radio station to delete a recording of an
    interview with national security officials after the interview was
    played for the officials; the interview focused on grievances of former
    employees of the security services.
        On July 19, police charged Ato Kwamena Dadzie, acting news editor
    of JOY FM radio, with ``publishing false news with intent to cause fear
    or harm to the public or to disturb the public peace'' in violation of
    Section 208 of the criminal code. Police subsequently forwarded
    Dadzie's case to the Attorney General's Department for advice.
        On July 21, the CID summoned Enimil Ashon, the editor of the state-
    owned Ghanaian Times newspaper, after the newspaper published an
    article alleging that police were susceptible to bribery and government
    influence.
        Following the two incidents in July, the National Executive
    Committee of the Ghana Journalists Association (GJA) called on the GPS
    to refer grievances to the National Media Commission (NMC), which is
    responsible for ensuring press freedom and accountability. The NMC
    subsequently intervened with police on Ashon's behalf, and no charges
    were filed.
        On September 16, prison officers in Kumasi reportedly stormed the
    premises of privately owned OTEC FM and attacked two staff members,
    including the program manager; the prison officers reportedly objected
    to the radio station's coverage of a prison guard strike. An
    investigation continued.
        According to information that surfaced during the year from the
    GJA's Upper West Regional Branch, in October 2009 a journalist was
    physically assaulted, subjected to a rigorous body search, handcuffed,
    and detained in a police cell for two and one-half hours. The
    journalist, who worked with the community station Radio Progress, was
    accused of ``disrespecting'' police when he photographed a man they had
    allegedly tied to a power pole.
        No action was taken against police officers who in February 2009
    assaulted two female sports journalists who were trying to gain access
    to the players' dressing room following a football match.
        No action was taken against supporters of the ruling NDC party who
    assaulted an Upper East Regional correspondent for The Chronicle
    newspaper after the newspaper photographed an NDC party activity.
    Unlike in the previous year, there were no reports that NDC supporters
    attacked independent journalists and vandalized their radio stations.
        In previous years journalists received threatening cell phone
    messages; however, there were no known reports of such calls 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. The
    Internet was accessible in Accra and other large cities, but there was
    limited access in other parts of the country. According to
    International Telecommunication Union statistics for 2009,
    approximately 5.3 percent of the country's inhabitants used the
    Internet.

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

        b. Freedom of Peaceful Assembly and Association.--Freedom of
    Assembly.--The constitution and law provide for freedom of peaceful
    assembly, and, unlike in the previous year, the Government generally
    respected this right. The Government does not require permits for
    demonstrations, but police can deny use of a particular route.
        Unlike in the previous year, there were no reports that police
    denied demonstration permits to antigovernment groups.
        The ban on campus demonstrations at Takoradi Polytechnic Institute,
    where 64 students were arrested in 2007, remained in effect.

        Freedom of Association.--The constitution and law provide for
    freedom of association, and the Government generally respected this
    right in practice. Security force members were prohibited from joining
    political assemblies or groups within the security services, but they
    were allowed to participate in political activities outside police or
    military compounds.

        c. Freedom of Religion.--For a complete description of religious
    freedom, please see the Department of State's 2010 International
    Religious Freedom Report at www.state.gov/g/drl/irf/rpt.

        d. Freedom of Movement, Internally Displaced Persons, Protection of
    Refugees, and Stateless Persons.--The constitution provides for freedom
    of movement within the country, foreign travel, emigration, and
    repatriation, and the Government generally respected these rights in
    practice. The Government cooperated with the Office of the UN High
    Commissioner for Refugees (UNHCR) and other humanitarian organizations
    in providing protection and assistance to internally displaced persons,
    refugees, returning refugees, asylum seekers, stateless persons, and
    other persons of concern.
        The law prohibits forced exile, and the Government did not use it.
        In May approximately 1,000 persons left the Bunkpurugu/Yungoo
    District in the Northern Region for Togo to escape violence stemming
    from an ongoing chieftaincy dispute; however, most returned to their
    homes by year's end, according to the UNHCR.

        Protection of Refugees.--The country's laws provide for the
    granting of asylum or refugee status, 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
    on account of their race, religion, nationality, membership in a
    particular social group, or political opinion.
        The Government established the Ghana Refugee Board (GRB) to
    adjudicate claims for refugee status and to ensure that refugees
    received all appropriate protections; the UNHCR participated as an
    observer on the board. Following the January 2009 presidential
    election, the incoming administration appointed new board members.
    However, because the Government had not appointed a GRB board chairman
    by year's end, the board was unable to function. While the GRB
    secretariat continued some functions such as conducting refugee
    interviews, there were no board meetings to adjudicate claims or to
    confer refugee status during the year.
        The law allows rejected asylum seekers to appeal and to remain in
    the country until an appeal is adjudicated. There were delays in the
    appeal process, however. The law also accords the right of protection
    to refugees who entered the country illegally without documentation.
        Refugee status for Sierra Leoneans who fled during that country's
    civil war was terminated as of the end of 2008 in accordance with
    international agreements. In December 2008 the GRB and UNHCR conducted
    interviews to determine if any of the Sierra Leoneans remaining in the
    country qualified as refugees based on an individual need for
    international protection. Of the 135 individuals who went through the
    process, 65 were rejected; of these rejections, 51 subsequently filed
    appeals with the interior minister. During the year 15 of the appeal
    cases had been granted exemption, qualifying the 15 as refugees.
        The UNHCR estimated that approximately 14,800 refugees resided in
    the country during the year: 81 percent were Liberians in the Buduburam
    Camp near Accra; 12 percent were Togolese in various communities in the
    Volta Region; 3.5 percent were refugees of various nationalities in
    Krisan Camp in the Western Region; and 3.5 percent were urban refugees
    and asylum seekers in the Greater Accra Region. Since 2008 the UNHCR
    has assisted the voluntary return of nearly 10,000 Liberians and 4,383
    Togolese refugees. Sexual and gender-based violence remained a problem
    among refugee populations. In the Buduburam settlement, three cases of
    defilement, one case of child abduction, and one case of child abuse
    were reported to the UNHCR and police during the year. With the support
    of the UNHCR, police opened a police post in the settlement in July
    2009.
        Refugees had freedom of movement within the country and were not
    required to carry identification at all times. Refugees were allowed to
    apply for work permits through the same process applicable to other
    foreigners. However, work permits generally were issued only for
    employment in the formal sector, and the majority of refugees worked in
    the informal sector. Refugee children had access to public primary
    schools. Refugees in Krisan Camp, the Buduburam Settlement, and the
    Volta Region were enrolled in the national health insurance system with
    funding from the UNHCR. Urban refugees had access to health care on a
    fee-for-service basis.
    Section 3. Respect for Political Rights: The Right of Citizens to
            Change Their Government
        The constitution and law provide citizens the right to change their
    government peacefully, and citizens exercised this right through
    periodic, free, and fair elections held on the basis of universal
    suffrage.

        Elections and Political Participation.--Following a narrow victory
    in 2008 over opposition NPP candidate Nana Akufo-Addo, ruling NDC
    candidate John Evans Atta Mills was inaugurated as president in January
    2009. There were reports in some areas of voter intimidation and
    election irregularities; however, the consensus of observers and the
    independent Electoral Commission was that these irregularities were
    insufficient to have altered the outcome of the election.
        During an August by-election in Atiwa, Eastern Region, members of
    opposing parties blocked roads limiting access to polling stations, and
    fighting sometimes broke out near polling stations between opposing
    party members. On August 31, NDC and the NPP party leaders complained
    about voter intimidation and the use of violence, noting that police
    response to the violence was inadequate.
        Political parties could operate without restriction or outside
    interference. The NDC held 116 seats in the parliament, the NPP 107,
    minor parties three, and independents four.
        There are no laws preventing women from voting or participating in
    political life on the same basis as men, but women traditionally had
    less access to leadership positions than men. There were 19 women in
    the 230-seat parliament, four women in the cabinet, and five women on
    the Supreme Court. Eight of 38 ministers were women.
        No laws or practices prevent minorities from equal participation in
    political life. According to the 2000 census, the country had more than
    80 ethnic groups, none of which constituted a majority. For example,
    the Ashanti were the largest ethnic group with 14.8 percent of the
    total population.
    Section 4. Official Corruption and Government Transparency
        Corruption was present in all branches of government. The law
    provides criminal penalties for official corruption; however, the
    Government did not implement the law effectively, and some officials
    frequently engaged in corrupt practices. Police set up barriers to
    extort money from motorists, and judicial officials accepted bribes to
    expedite or postpone cases or to ``lose'' records. The World Bank's
    most recent Worldwide Governance Indicators (2008) reflected that
    corruption was a problem.
        On September 7, the Serious Fraud Office was replaced by the
    Economic and Organized Crime Office (EOCO), which was granted expanded
    powers to investigate and prosecute corruption in economic crimes such
    as money laundering, human trafficking, and cyber crime. The EOCO hired
    new employees during the year, the majority of which were slated to be
    investigators.
        The CHRAJ investigates human rights abuses, public corruption, and
    abuse of power and is empowered to recommend punitive actions against
    proven violators. The attorney general, the minister of justice, the
    EOCO, and the Public Prosecutor's Office are responsible for combating
    corruption. Parliament's Public Accounts Committee is also responsible
    for auditing government spending. An auditor general reviews public-
    sector accounts.
        In hearings in May and August, the Public Accounts Committee
    uncovered numerous cases of embezzlement and misuse of funds by
    government ministries, departments, agencies, and district assemblies.
    The committee ruled that failure to refund funds or to reconcile
    accounts would result in prosecution. The committee forwarded all cases
    to the attorney general; however, no prosecutions had been reported at
    year's end.
        In January an undercover reporter filmed members of the Customs,
    Excise and Preventive Service and the Ghana Immigration Service
    allegedly extorting money and harassing travelers at the Ghana-Togo
    border crossing in Aflao, Volta Region. The officers were removed from
    the post, and an investigation continued at year's end.
        Security force members were arrested for corruption during the
    year.
        In March, in Accra, three soldiers and two policemen were arrested
    for extorting two men they had falsely accused of drug charges. Also in
    March, in Accra, a policeman and a former policeman were charged with
    extorting money from a man they framed on drug charges.
        On March 19 in Accra four policemen were accused of attacking and
    robbing a foreign national of more than 7,207 cedis ($5,000). Two
    officers were arrested and in December were each sentenced to 10 years'
    imprisonment. Two officers remained at large in connection with the
    case.
        In May three police officers in the Greater Accra Region were
    arrested for stealing 500,000 CFA francs ($970) from a deceased
    accident victim. The police officers were indicted, and an
    investigation continued at year's end.
        Officials were subject to a financial-disclosure process, but their
    responses were not available for public review.
        In July 2009 a presidential commission was established to
    investigate allegations of corruption and financial mismanagement by
    the former government's Ghana@50 Secretariat. The attorney general
    subsequently charged Kwadwo Mpiani, chairman of the National Planning
    Committee, and Charles Wereko-Brobby, CEO of the Ghana@50 Secretariat,
    with four counts of willfully causing financial loss to the state. On
    May 24, the defendants filed pretrial motions to dismiss the case for
    lack of jurisdiction, pending appeal of the commission's adverse
    findings. The High Court agreed and dismissed the case for lack of
    jurisdiction.
        The constitution provides for public access to government
    information; however, obtaining such access was difficult in practice.
    Section 5. Governmental Attitude Regarding International and
            Nongovernmental Investigation of Alleged Violations of Human
            Rights
        A variety of domestic and international human rights groups
    generally operated without government restriction, investigating and
    publishing their findings on human rights cases. Government officials
    were generally cooperative and responsive to their views.
        The CHRAJ, which mediated and settled cases brought by individuals
    against government agencies and private companies, operated with no
    overt interference from the Government; however, some critics
    questioned its ability to investigate high-level corruption
    independently. Its biggest obstacle was a lack of adequate resources,
    which resulted in low salaries, poor working conditions, and the loss
    of many of its staff to other government and nongovernmental agencies.
    However, public confidence in the CHRAJ was high, resulting in an
    increased workload for its staff, whose salaries were often delayed due
    to a chronic lack of resources and administrative issues.
        Human rights issues were addressed in parliament by the Committee
    on the Constitution, Legal Issues, and Parliamentary Affairs.
    Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
        The constitution prohibits discrimination on the basis of race,
    gender, disability, language, or social status; however, enforcement
    was generally inadequate. Limited financial resources and a generally
    permissive societal attitude toward such discrimination contributed to
    its perpetuation. Courts were empowered specifically to order
    enforcement of these prohibitions.

        Women.--The law criminalizes rape but not marital rape. Rape was
    underreported and remained a significant problem. When cases of rape
    were reported, perpetrators were often arrested and prosecuted. During
    the year the police service's Domestic Violence and Victim Support Unit
    (DOVVSU) worked closely with the Department of Social Welfare, the
    national chapter of the International Federation of Women Lawyers, the
    Legal Aid Board, and several other human rights NGOs to combat domestic
    violence. During the year DOVVSU received 318 reports of rape and
    reported 158 arrests, 101 prosecutions, and three convictions; 224
    cases remained uninvestigated at year's end. Convicted rapists may be
    punished with prison sentences ranging from five to 25 years.
        Although the law prohibits domestic violence, it continued to be a
    problem. The law stipulates that a person in a domestic relationship
    who engages in misdemeanor domestic violence is liable on summary
    conviction to a fine, a term of imprisonment of not more than two
    years, or both. The court also may order the offender to pay
    compensation directly to the victim. However, inadequate resources and
    logistical capacity in DOVVSU and other agencies, as well as only
    partial implementation of the Domestic Violence Act, hindered the full
    application of the law during the year. Unless specifically called upon
    by DOVVSU, police seldom intervened in cases of domestic violence, in
    part due to a lack of counseling skills, shelters, and other resources
    to assist victims. In many cases, victims were discouraged from
    reporting abuse and from cooperating with prosecutors because of long
    delays in bringing such cases to trial. Victims frequently did not
    complete their formal complaints because they could not afford the fees
    that doctors charged to document the abuse in police medical forms.
    Although the law waived these medical fees, doctors continued to
    require them in exchange for signing medical reports. There were
    credible reports that doctors sometimes charged more than the rate set
    by the hospital administration to sign medical forms. Statistics were
    not available on prosecutions of domestic violence cases during the
    year.
        In the Northern, Upper East, and Upper West regions of the country,
    where belief in witchcraft remained strong, rural women and men
    suspected of witchcraft were banished by their families or traditional
    village authorities to ``witch camps.'' Such camps were separate from
    the ``prayer camps'' to which persons with mental illness were
    sometimes sent by their families. Most accused witches were older
    women, often widows, whom fellow villagers identified as the cause of
    illness, crop failure, or financial misfortune. Some suspected witches
    in the camps were accompanied by their families. NGOs provided food,
    medical care, and other support to residents of the camps. During the
    year the CHRAJ monitored three camps in the Northern Region and
    reported that the camps contained 175 females and eight males; media
    sources reported far higher numbers of men, women, and children in the
    camps.
        There were no laws specifically to protect women from sexual
    harassment; however, some sexual harassment cases were prosecuted under
    the existing criminal code. Women's advocacy groups reported that
    sexual harassment remained a widespread problem.
        Couples and individuals have the right to decide freely on the
    number, spacing, and timing of pregnancies. According to the 2008
    Demographic and Health Survey, 98 percent of all women surveyed were
    able to cite at least one birth control method. According to a foreign
    aid agency, 17 percent of married women of reproductive age used a
    modern contraceptive method. More than 75 percent of pregnant women had
    four or more prenatal visits. Approximately 60 percent of women
    delivered with a skilled attendant. Maternal mortality was estimated in
    a recent study at 451 per 100,000 live births, with the most common
    causes of death being hemorrhage and infection. More than two-thirds of
    women reported receiving medical care within two days of delivery.
    Women were more likely than men to accept HIV testing, particularly
    since it was offered as a standard component of prenatal care. An
    estimated 10 percent of the population knew their HIV status;
    approximately 30 percent of HIV-positive pregnant mothers received
    antiretroviral medications to prevent mother-to-child transmission.
        The constitution provides for all persons to be treated equally
    under the law; however, women continued to experience discrimination in
    access to employment. Women in urban centers and those with skills and
    training encountered little overt bias, but resistance to women's
    entering nontraditional fields persisted. Women, especially in rural
    areas, remained subject to burdensome labor conditions, performing
    physically difficult manual labor such as farming, transporting goods,
    and manual household chores, while often carrying a child on their
    backs. Women also were subjected to traditional male dominance.
    Traditional practices and social norms often denied women their
    statutory entitlements to inheritance and property, a legally
    registered marriage with the associated legal rights, and the
    maintenance and custody of children. There were female entrepreneurs,
    but poor access to credit remained a serious barrier for women who
    wanted to start or expand a business.
        Women's rights groups were active in educational campaigns and in
    programs to provide vocational training, legal aid, and other support
    to women. The Government was involved in educational programs, and many
    officials were advocates of women's rights.

        Children.--Citizenship is derived by birth within the country or
    parentage, but not all births were registered with the Government. Some
    children were reportedly denied education because their births were not
    registered, although a birth certificate is not a legal precondition to
    attend school.
        The constitution provides for free, compulsory, and universal basic
    education for all children from kindergarten through junior high
    school; however, parents were required to purchase uniforms and writing
    materials. During the year the Government launched a program to provide
    uniforms to 1.6 million children in deprived areas, although
    contracting delays prevented most of the targeted children from
    receiving their uniforms. The Government also operated a school feeding
    program for more than 670,000 children, which covered incidental costs
    as well as meals, and a nationwide capitation grant program, which
    covered other school fees for all children attending public schools.
    According to the Ministry of Education, girls attending primary school
    during the 2009-10 school year constituted 48 percent of all students;
    at the junior high school level, the proportion was 47 percent. During
    the year the Ghana Education Service (GES) actively campaigned to
    expand education for girls by providing scholarships at the junior and
    senior high school levels and by offering financial incentives and free
    housing to female teachers to work in the ``deprived'' areas. The GES
    placed girls' education officers at regional and district levels, and
    there were community participation coordinators in every district
    office to mobilize communities to increase school enrollment of girls.
        The law prohibits defilement, incest, and sexual abuse of minors,
    but such abuses remained serious problems. During the year DOVVSU
    received 1,080 cases of suspected child defilement and 11 cases of
    attempted defilement. There were frequent press reports that male
    teachers sexually assaulted and harassed female students. Girls often
    were reluctant to report these incidents to their parents, and social
    pressure often prevented parents from going to authorities. Press
    reports of teachers, coaches, and headmasters/headmistresses either
    being arrested for sexual harassment of female students or dismissed
    for ignoring reported problems continued during the year.
        The law prohibits FGM, but it remained a serious problem in the
    Upper West Region of the country, and to a lesser extent in Upper East
    and Northern regions. Type II FGM--defined by the World Health
    Organization as the excision of the clitoris with partial or total
    excision of the labia minora--was more commonly performed than any
    other type. A girl was typically excised between 4 and 14 years of age.
    According to a 2008 study conducted by the Ghana Statistical Service
    with support from the UN Children's Fund, approximately 49 percent of
    girls and women between 15 and 49 years old in Upper West Region--where
    the practice was most common--had experienced some form of FGM, 20
    percent in Upper East Region, and 5 percent in Northern Region.
        Intervention programs were somewhat successful in reducing the
    prevalence of FGM, particularly in the northern regions. Officials at
    all levels, including traditional chiefs, continued to speak out
    against the practice, and local NGOs continued educational campaigns to
    encourage abandonment of FGM and to train practitioners in new skills
    so they could seek alternate sources of income.
        In a 2009 survey of girls and women between 15 and 49 years old in
    Upper West Region, 85 percent stated that the practice should be
    discontinued, 10 percent were unsure, and only 5 percent supported its
    continuation. Lower prevalence of FGM among women in Upper East Region
    was highly correlated with increased education. There were no
    prosecutions of practitioners during the year.
        Forced child marriage, which was illegal, remained a problem with
    no improvement during the year, according to the CHRAJ and NGOs.
        The migration of children to urban areas increased due to economic
    hardship in rural areas. Children were often forced to support
    themselves to survive, increasing both the occurrence of child labor
    and the school dropout rate. Girls under 18 were among the most
    vulnerable child laborers, as many also engaged in prostitution or were
    sexually exploited in exchange for protection while living on the
    streets.
        The minimum age of consensual sex is 16 years. Defilement of a
    child younger than 16 years, with or without the child's consent,
    constitutes an offense and is punishable by imprisonment for between
    seven and 25 years. There is no specific legislation against child
    pornography; however, it can be prosecuted as an ``offence against
    public morals'' and is punishable by a fine ranging from 120 to 600
    cedis ($80-$400) and/or imprisonment for a period not to exceed three
    years.
        Unlike in the previous year, there were no reports that children
    participated in the ongoing ethnic and chieftaincy conflict in Bawku.
    In 2009 there were media reports that children participated in the
    ongoing ethnic and chieftaincy conflict in Bawku in the Upper West
    Region. Children were reported to have burned houses, and a group of
    Mamprusi children were alleged to have ambushed a Kusasi woman near
    Bawku hospital.
        Local and international NGOs worked with the Government to promote
    children's rights and were somewhat successful in sensitizing
    communities about protecting the welfare of children.
        The country is not a party to the 1980 Hague Convention on the
    Civil Aspects of International Child Abduction. For information on
    international child abduction, please see the Department of State's
    annual report on compliance at http://travel.state.gov/abduction/
    resources/congressreport/congressreport--4308.html.

        Anti-Semitism.--The Jewish community had a few hundred members.
    There were no reports of anti-Semitic acts.

        Trafficking in Persons.--For information on trafficking in persons,
    please see the Department of State's annual Trafficking in Persons
    Report at www.state.gov/g/tip.

        Persons With Disabilities.--The law provides for the rights of
    persons with disabilities, including protection against exploitation
    and discrimination in employment, health care, and other domains. The
    National Council on Disability, mandated by law, was inaugurated in
    April 2009. While the Government did not systematically or overtly
    discriminate against persons with disabilities, such persons often
    experienced societal discrimination. The law provides persons with
    disabilities access to public buildings ``as far as is practical.''
    Activists supporting the rights of persons with disabilities complained
    of the slow implementation of the Persons with Disability Act,
    especially the lack of legislative instruments to implement the new
    law. Despite the legal protection provided in the law, discrimination
    against disabled persons in employment and the inaccessibility of
    public buildings continued to be problems.
        Persons with mental and physical disabilities were frequently
    subjected to abuse and intolerance; however, unlike in the previous
    year, there were no reports of persons with disabilities being killed
    for ritual purposes.
        In March 2009 four persons appeared in court on murder charges in
    connection with the July 2008 killing of Yakubu Busanga, a hunchback.
    The attack may have been motivated by a desire to obtain body parts for
    use in ritual practices. At year's end there was no new information on
    this case.
        In July 2009 a two-year-old albino boy was stolen from his mother
    for ritual purposes. An 18-year-old woman was arrested for the
    kidnapping and detained in prison custody. She claimed that she was
    hired to steal the child. At year's end there was no new information on
    the case.
        Some religious groups believed that persons with mental
    disabilities were afflicted by demons that should be exorcised. The
    abuse of children with disabilities was common. In previous years there
    were reports that children with disabilities were tied to trees or
    under market stalls and caned regularly and of family members killing
    children with disabilities.
        Human rights activists expressed concerns about ``prayer camps'' in
    which individuals believed to be possessed by evil spirits were chained
    for weeks, physically assaulted, and denied food and water. The camps
    targeted persons with mental illnesses. Camp supervisors diagnosed
    mental illness as a ``demonic affliction'' and prevented patients from
    consuming food or water, often for seven consecutive days, to cleanse
    victims of their evil spirits. Some victims were estimated to be as
    young as six years old. Families sent these victims to be exorcised of
    evil spirits or cured of their physical or mental illnesses. Victims
    were held at the camps until they were considered healed. Reports
    indicated that these practices occurred in the Greater Accra, Eastern,
    Central, Western, Ashanti, and Brong-Ahafo regions. The Commonwealth
    Human Rights Initiative (CHRI) released a report in May 2009 on prayer
    camps based on interviews with current and former inmates. The report
    found that some families caring for mentally ill members had
    insufficient financial resources and viewed prayer camps as an
    available option. The CHRI urged regulation of prayer camps; however,
    no regulations were implemented by year's end.
        Several government agencies and NGOs were involved in addressing
    discrimination against persons with disabilities, including the
    Ministry of Health, the Ministry of Employment and Social (MESW), the
    Ministry of Education, and the Center for Democratic Development.

        Societal Abuses, Discrimination, and Acts of Violence Based on
    Sexual Orientation and Gender Identity.--The law makes consenting
    homosexual acts a misdemeanor, and strong sociocultural beliefs
    discriminated against and stigmatized same-gender sex. There were no
    registered Lesbian, Gay, Bisexual, and Transgender (LGBT)
    organizations. LGBT persons faced widespread discrimination, as well as
    police harassment and extortion attempts. Gay men in prison often were
    subjected to sexual and other physical abuse.
        On June 4, more than one thousand protesters in Takoradi, Western
    Region, participated in a peaceful rally against reports of gay and
    lesbian activities in their city. This was reportedly the first antigay
    protest in the country.
        On December 22, the acting head of the CHRAJ spoke against
    discrimination during a radio interview on Accra-based CITI FM. She
    stressed that gays and lesbians should not be condemned based on
    societal attitudes and that the constitution provides for freedom from
    discrimination.

        Other Societal Violence or Discrimination.--Discrimination against
    persons with HIV/AIDS was a problem, and the fear of being stigmatized
    continued to discourage persons from being tested for HIV infection.
        The Government and NGOs subsidized many centers that provided free
    HIV testing to citizens, although there were reports that
    confidentiality was not consistently respected.
    Section 7. Worker Rights

        a. The Right of Association.--The law allows workers, except for
    the armed forces, police, the prison service, and other security and
    intelligence agency personnel, to form and join unions of their choice
    without previous authorization or excessive requirements, and workers
    exercised this right in practice. While unions no longer must seek
    government approval before registering, the law requires that trade
    unions or employers' organizations must register, be authorized by the
    chief labor officer, and obtain a certificate of registration to be
    considered legal. The percentage of workers belonging to unions
    decreased in recent years, in part because of a relative lack of
    employment opportunities in the formal, unionized sectors. Moreover,
    some workers previously employed in the formal sector lost their jobs.
        The law recognizes the right to strike but restricts that right for
    workers who provide essential services, including ``areas in an
    establishment where an action could result in a particular or total
    loss of life or pose a danger to public health and safety and such
    other services as the minister may by legislative instrument
    determine.'' The minister of employment and social welfare designated a
    list of essential services. The list included services carried out by
    utility companies (water, electricity, etc.), ports and harbors,
    medical centers, and the Bank of Ghana. In these essential services the
    parties to any labor disputes are required to resolve their differences
    within 72 hours; the deadline was meant to pressure employers and
    employees to operate efficiently with limited interruptions. The right
    to strike can also be restricted for workers in private enterprise
    whose services a union and an employer deemed essential to the survival
    of the enterprise by. A union may call a legal strike if the parties
    fail to agree to refer the dispute to voluntary arbitration or if the
    dispute remains unresolved at the end of arbitration proceedings. No
    union ever went through the complete dispute resolution process, and
    there were numerous unsanctioned strikes during the year.
        On September 15, prison officers at both the Kumasi Central Prison
    in the Ashanti region and the Sekondi Central Prison in the Western
    Region demonstrated against perceived inequalities in the
    implementation of the Single Spine Salary Structure. The initiative
    aimed to unify differing salary structures of the national government.

        b. The Right to Organize and Bargain Collectively.--The law allows
    unions to conduct their activities without interference, and the
    Government protected this right in practice. However, the armed forces,
    police, prison service, security, intelligence personnel, and workers
    with policymaking and managerial functions cannot bargain collectively.
    The law provides a framework for collective bargaining, and trade
    unions engaged in collective bargaining for wages and benefits with
    both private and state-owned enterprises without government
    interference. However, only unions that represented the majority of
    workers in a given company can obtain a Collective Bargaining
    Certificate, which was required to engage in collective bargaining.
        The labor law prohibits antiunion discrimination by employers;
    however, some employers continued to fire employees for union activity.
    The Labor Act protects trade union members and their officers against
    discrimination if they organize within the free zones.

        c. Prohibition of Forced or Compulsory Labor.--The law prohibits
    forced or compulsory labor; however, there were reports that such
    practices occurred. Local NGOs cited the presence of compulsory labor
    affecting both children and adults in the fishing sector and illegal
    mining. Local NGOs claimed victims forced to work on boats as children
    were sometimes unable to leave their employers and continued to work
    without pay as adults. In the illegal mining industry (galamsey), NGOs
    cited debt bondage as a problem. Please see the Department of State's
    annual Trafficking in Persons Report at www.state.gov/g/tip for more
    information.
        The law provides for employers found guilty of using forced labor
    to be fined no more than 250 penalty units (each unit was assigned a
    monetary value adjusted for the fluctuating exchange rate); however,
    limited resources inhibited the Government's implementation of the law,
    and no fines were levied during the year. During the year the
    International Labor Organization (ILO) continued to urge the Government
    to revise various legal provisions that permit imprisonment with an
    obligation to perform labor.

        d. Prohibition of Child Labor and Minimum Age for Employment.--The
    law sets the minimum employment age at 15 years and 13 years for light
    work not likely to be harmful to the child or to affect the child's
    attendance at or capacity to benefit from school. The law prohibits
    night work and certain types of hazardous labor for those under 18, and
    provides for fines and imprisonment for violators; however, child labor
    remained a serious problem in the informal sector.
        The law allows children 15 years of age and above to have an
    apprenticeship under which craftsmen and employers have the obligation
    to provide a safe and healthy work environment along with training and
    tools. However, child labor laws were not always enforced effectively
    or consistently, and law-enforcement officials, including judges,
    police, and labor officials, were sometimes unfamiliar with the
    provisions of the law that protected children. Local custom and poverty
    also contributed to child labor and eroded societal observance of child
    labor laws.
        Children as young as seven worked in agriculture and as domestic
    laborers, porters, hawkers, miners, quarry workers, and fare
    collectors. Children also engaged in herding livestock, fetching
    firewood, and bricklaying.
        The fishing industry in the Lake Volta region had a particularly
    high number of child laborers engaged in potentially hazardous work,
    such as diving into deep waters to untangle fishing nets caught on
    submerged tree roots. Girls in the region also engaged in work as
    domestic servants, cooks, servers, and porters.
        Child laborers were poorly paid and physically abused, received
    little or no health care, and generally did not attend school.
        According to government labor officials and the Ghana Employers
    Association, child labor problems were infrequent in the formal labor
    sector.
        The law prohibits forced and compulsory labor by children; however,
    during the year children were forced to work or were reportedly sold,
    leased, or given away by parents to work in fishing villages, shops, or
    homes. It was difficult to determine the extent to which forced and
    bonded labor by children was practiced.
        There were newspaper reports of children being sold into
    involuntary servitude for either sexual exploitation or labor, such as
    10- to 12-year-old boys working for fishermen in exchange for a yearly
    remittance to their families. The practice often involved the consent
    of their generally impoverished parents. The media run regular stories
    about children in involuntary servitude, particularly as street hawkers
    and porters. Also see the Department of State's annual Trafficking in
    Persons Report at www.state.gov/g/tip.
        Inspectors from the Ministry of Employment and Social Welfare are
    responsible for enforcement of child labor regulations, and district
    labor officers and the social services subcommittees of district
    assemblies are charged with seeing that the relevant provisions of the
    law are observed by annually visiting each workplace and making spot
    checks whenever they receive allegations of violations. Inspectors are
    required to provide employers with information about child labor
    violations and effective means to comply with provisions of the Labor
    Act. However, the Government did not provide sufficient resources to
    law enforcement and judicial authorities to carry out these efforts.
        On September 13, the minister of employment and social welfare
    signed the Joint Declaration and Framework of Action with Senator
    Harkin, Representative Engel, and representatives from the U.S.
    Department of Labor, the Government of Cote d'Ivoire, and the cocoa and
    chocolate industry to reaffirm and further extend implementation of the
    Harkin-Engel Protocol. The protocol requires governments to prohibit
    the worst forms of child labor and to take immediate action towards
    eliminating it.
        In October the cabinet approved the 2009-2015 National Plan of
    Action for the Elimination of the Worst Forms of Child Labor. The
    Government worked closely with NGOs, labor unions, and the cocoa
    industry to eliminate the worst forms of child labor in the cocoa
    industry.
        During the year the Ministry of Women and Children's Affairs
    conducted seminars on child labor to educate the media, police, civil
    servants, and the general public.
        The ILO's International Program on the Elimination of Child Labor,
    government representatives, the Trade Union Congress, the media,
    international organizations, and NGOs continued to build upon the
    National Plan of Action for the Elimination of Child Labor in Ghana by
    increasing institutional capacity to combat child labor. In October the
    MESW relaunched the National Steering Community on Child Labor,
    consisting of over 40 representatives from government, the ILO, labor
    unions, and development partners. In November the MESW unveiled a new,
    integrated child labor monitoring system. Education and sensitization
    workshops were conducted with police, labor inspectors, local
    governments, and communities.

        e. Acceptable Conditions of Work.--A National Tripartite Committee
    composed of representatives of the Government, labor, and employers
    sets daily minimum wages. The daily minimum wage of 3.11 cedis ($2.19)
    during the year did not provide a decent standard of living for a
    worker and family. Furthermore, there was widespread violation of the
    minimum wage law in the formal sector, and there was no official
    minimum wage for the growing informal labor force. In most cases
    households had multiple wage earners, and family members often engaged
    in family farming or other family-based commercial activities. The
    Ministry of Employment and Social Welfare was unable to enforce this
    law effectively.
        The Fair Wages and Salaries Commission was charged with ensuring
    fair, transparent, and systematic implementation of the public service
    pay policy; advising the Government on matters related to salaries,
    wages, grading, classification, job analysis, and job evaluation; and
    ensuring that decisions on those issues are implemented.
        The law sets the maximum workweek at 40 hours, with a break of at
    least 48 consecutive hours every seven days. Workers were entitled to
    at least 15 working days' leave with full pay in a calendar year of
    continuous service or after having worked at least 200 days in a
    particular year. However, such provisions apply neither to task workers
    or domestic workers in private homes, nor elsewhere in the informal
    sector.
        Occupational safety and health regulations exist, and the Factories
    Department within the MESW was responsible for imposing sanctions on
    violators. Employers who failed to comply were liable to a fine not
    exceeding 1,000 penalty units, to imprisonment for a term not exceeding
    three years, or both. The law requires that employers report, no later
    than seven days from the date of occurrence, occupational accidents,
    and diseases. In practice safety inspectors were few and poorly
    trained, and they lacked the resources to respond effectively to
    violations. Inspectors did not impose sanctions or otherwise respond to
    violations during the year.
        In September 2008 the CHRAJ issued a report entitled The State of
    Human Rights in Mining Communities in Ghana, which provided evidence of
    widespread violations of human rights in mining areas of the country.
    The report documented abuses by the security services in mining areas,
    particularly of galamseys, independent, artisanal miners whose
    operations sometimes conflict with larger, concessionary miners. The
    report also notes that environmental damage from mining, especially to
    water resources, has affected public health and caused loss of
    livelihoods. Blasting at mine sites also caused damage to private
    property.
        The report cited examples of private and government security forces
    abusing small-scale miners. In the Obuasi area in the western region,
    independent miners suspected of stealing equipment from a nearby mine
    were arrested and beaten by security service members.

                                   __________

                                     GUINEA

        Guinea is a republic with a population of approximately 10 million.
    In June and November the country held two rounds of presidential
    elections which resulted in the election of longtime opposition leader
    Alpha Conde, the candidate of the Rally of the Guinean People Party
    (RPG). In December, Conde was inaugurated as the country's first
    democratically elected president since independence from France in
    1958. While the elections were generally regarded as free and fair, the
    second round was accompanied by widespread violence. Prior to Conde's
    inauguration, Guinea was headed by a transition government led by
    interim president General Sekouba Konate, the former defense minister
    in military junta that seized control of the country in 2008 after the
    death of former president Lansana Conte. The military junta, under the
    leadership of Captain Moussa Dadis Camara, suspended the constitution
    and dismissed the National Assembly. In December 2009 a failed
    assassination attempt rendered Camara medically unable to lead the
    country. Camara's sudden departure led to the installation of a
    transition government on January 15, pursuant to the Ouagadougou
    Accord, which called for a return to civilian rule by mid-2010. The
    Accord was signed by Burkinabe President Blaise Campaore (mediator from
    the Economic Community of West African States), former interim
    president Konate, and Captain Dadis Camara, who was recuperating in
    Burkina Faso. In late January, Konate appointed opposition leader Jean
    Marie Dore prime minister. On February 16, Dore appointed a National
    Transitional Council (CNT) as the country's legislative body. The CNT,
    which had equal representation from civil society, political parties,
    and the former junta regime, promulgated a new constitution on May 7.
    Security forces did not report to civilian authorities under the rule
    of the transition government.
        Human rights problems included: the use of excessive force by
    security forces resulting in civilian deaths and injuries; vigilante
    killings and ethno-religious violence; torture and abuse of prisoners,
    including rape; inhumane and life-threatening prison conditions;
    arbitrary arrests; prolonged pretrial detention; incommunicado
    detention; lack of judicial independence; official corruption;
    restrictions on freedom of speech, press, assembly, association, and
    movement; attacks on human rights workers; sexual violence against
    women and girls; societal discrimination against women; and female
    genital mutilation (FGM). Ethnically based harassment by civilian
    supporters of opposition political parties was also a problem.
    Trafficking in persons, ethnic discrimination, and forced labor,
    including by children, occurred.
                            respect for human rights
    Section 1. Respect for the Integrity of the Person, Including Freedom
            From:

        a. Arbitrary or Unlawful Deprivation of Life.--Security forces,
    including the Special Force for a Safe Electoral Process (FOSSEPEL), an
    election security force consisting of police and gendarmes, generally
    acted with restraint in quelling violent demonstrations before and
    after the second round of presidential elections on November 7;
    however, use of excessive force, including live ammunition, resulted in
    deaths and injuries.
        On October 22 and 23, FOSSEPEL's efforts to quell violent clashes
    between supporters of RPG presidential candidate Alpha Conde, and
    Cellou Dalein Diallo, the candidate of the Union of Democratic Forces
    of Guinea (UFDG), resulted in one death and 26 injuries. Doctors told
    Amnesty International that some of the dead bodies examined from the
    October 22 and 23 clashes showed that ``people had been hit in the
    head, the abdomen, the thorax, and the back of the head,'' indicating
    security forces sometimes used lethal force to disperse demonstrators.
        On November 17, a member of FOSSEPEL shot and killed a 20-year-old
    student, Mamadou Abdoulaye Bah, who was visiting friends in a Cosa
    neighborhood, according to the international nongovernmental
    organization (NGO) Human Rights Watch (HRW).
        Deaths in custody also occurred.
        On November 15, the body of Michel Lazare Loua was delivered to a
    hospital morgue in Conakry, according to HRW. Loua had been arrested on
    October 26 by gendarmes from Matoto Gendarmerie for alleged coup-
    plotting. In an October 28 letter, judicial authorities reminded the
    commander of the Matoto Gendarmerie of the 48-hour limit for pretrial
    detention, but were warned by the gendarmes to desist from pursuing the
    case, according to HRW. Despite subsequent efforts by judges with
    jurisdiction over the case and Loua's own lawyers to have Loua's
    dossier transferred from the gendarme squadron to the relevant judicial
    authority, Loua remained in custody of the gendarmes until his death.
    HRW stated that Loua's medical report noted signs of severe
    mistreatment, including bruising and swelling of the head, back, and
    wrists.
        While the transition government began an investigation into the
    September 2009 massacre of prodemocracy protestors in Conakry's main
    soccer stadium, no perpetrators were arrested or prosecuted by year's
    end. At least 157 demonstrators were killed when members of the elite
    Presidential Guard surrounded the stadium, blocked entrances, and used
    guns and bayonets on the demonstrators. Nearly 100 women and girls were
    raped during the attack. None of the bodies reportedly buried by
    security forces in mass graves was exhumed during the transition
    government's tenure.
        No investigation was conducted or action taken against military
    personnel responsible for civilian and military killings following the
    December 2009 attempted assassination of former junta leader Dadis
    Camara. Killings resulted from a military crackdown during its search
    for suspected attempted assassin Lieutenant Aboubacar ``Toumba''
    Diakite, who remained at large at year's end. Eyewitnesses told
    journalists that persons were shot in the streets as they fled from
    patrols; an unconfirmed number of persons died as a result.
        Unlike in the previous year, there were no reports that transition
    government officials endorsed or encouraged vigilante killings. In
    February 2009 Dadis Camara issued a proclamation authorizing the use of
    lethal force against anyone engaged in drug trafficking, money
    laundering, armed robbery, or trafficking in children. In June 2009
    Moussa Tiegboro Camara, the former junta minister of high crimes and
    antidrugs, stated that armed robbers should be burned alive to avoid
    overcrowding the prisons.
        From February 6 to 8, ethno-religious conflict in the Forest Region
    city of N'Zerekore resulted in the deaths of three persons: Joseph
    Balamou, who was beaten to death, Yakouba Keita, who was burned to
    death in his home, and Djefadima Kante, who died of unknown causes. At
    least 38 persons were injured. Local NGOs and media sources claimed the
    violence was primarily between Christian Guerze and Muslim Malinke
    youth. Security forces in N'Zerekore were unresponsive during the first
    day of the violence. On February 7, the head of the gendarmerie sent
    reinforcements who arrested an unknown number of civilians, all of whom
    were released within 24 hours, according to local NGOs. Unlike in
    previous years, there were no reports of abuse by security forces
    during the operation.
        Violence between political party members resulted in deaths (see
    section 3).
        Vigilante violence occurred. For example, on November 3, a mob in
    the Hafia-Commandaya neighborhood in Conakry beat to death a suspected
    burglar.
        No action was taken against the perpetrators of vigilante violence
    in previous years.

        b. Disappearance.--Unlike in the previous year, there were no
    reports of politically motivated disappearances under the transition
    government.
        There were no developments in the disappearance of dozens of
    prodemocracy demonstrators following the September 2009 stadium
    massacre in Conakry. HRW reported that bodies from the massacre were
    buried in mass graves. During the year victims' families formed groups
    to demand that the transition government investigate these
    disappearances; however, no action was taken by security forces or the
    transition government by year's end.

        c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
    Punishment.--The new constitution and law prohibit such practices;
    however, security forces' use of excessive force, including live
    ammunition, to quell demonstrations resulted in deaths and injuries
    (see sections 1.a. and 3). According to Amnesty International, persons
    detained during violent election-related demonstrations faced a high
    risk of torture. The transition government seldom took action against
    alleged torturers; however, it arrested 22 military and police
    personnel for use of excessive force, looting, and inciting violence
    during street clashes on November 16, the day after election results
    were announced.
        Prison guards tortured, beat, raped, and otherwise abused citizens
    and detainees. In 2008 the local NGO Terres des Hommes Minors reported
    that detainees, including children, were tortured before being
    incarcerated.
        No investigation was conducted or action taken against the
    perpetrators of the September 2009 attacks against prodemocracy
    protestors in Conakry's main soccer stadium (see section 1.a.).
        No action was taken against security forces responsible for torture
    at the military prison on Kassa Island, where security forces used
    torture, including possible castration, on inmates. Approximately 100
    military personnel were reportedly detained in inhumane conditions in
    the prison following the September 2009 stadium attack. In January
    former interim president Konate closed the military prison on Kassa
    Island; however, detainees were still being held in the facility at
    year's end, according to HRW.
        Unlike in the previous year, there were no reports that soldiers
    ambushed, beat, and kidnapped any foreign ambassadors.
        Prison guards used sexual violence to intimidate and brutalize
    detainees, although reports of such conduct decreased during the year.
    During the September 2009 stadium massacre, members of the Presidential
    Guard publicly raped and sexually assaulted with weapons an estimated
    100 women. According to human rights organizations and survivors,
    approximately 20 women were also kidnapped and raped for several days.
    By year's end no perpetrators were punished for these crimes. The
    Government made no efforts to rehabilitate rape victims, some of whom
    were subsequently shunned by their families and forced to live on the
    streets.
        Vigilante violence was common, in part due to lack of confidence in
    security forces and the judiciary. However, unlike in the previous
    year, there were no reports of citizens in N'Zerekore waiting outside
    the local prison to attack and burn to death released convicts.
        Ethno-religious violence resulted in deaths and injuries,
    particularly in the months leading up to the November 7 presidential
    election (see sections 1.a. and 3).

        Prison and Detention Center Conditions.--Conditions in civilian
    prisons, which were under the Ministry of Justice, remained inhumane
    and life threatening. Poor sanitation, malnutrition, disease, lack of
    medical attention, and poor conditions resulted in dozens of deaths.
    Prisoners, including children, were reportedly routinely tortured to
    extract confessions or to extort money. Prisoners claimed that guards
    routinely threatened, beat, and otherwise harassed them, according to
    NGOs.
        All prisons were overcrowded. Conakry Prison, which was built to
    hold 300, held 1,055 prisoners at the beginning of October. Some
    Conakry prisoners reported sleeping on their knees because their cells
    were so small. During the year a new prison with greater capacity than
    the old one was completed in N'Zerekore. In 2009 approximately 60
    prisoners in the old N'Zerekore Prison were squeezed into two small
    cells with no access to fresh air or daylight.
        Reports from NGOs indicated that prison guards routinely harassed
    and sexually assaulted female inmates. A local NGO reported that half
    of the female prisoners in Conakry Prison had been beaten or abused
    during the year. One NGO reported that prison guards regularly
    subjected girls under the age of 18 to sexual exploitation and
    harassment in exchange for favors, especially provision of additional
    food or water.
        Neglect, mismanagement, and lack of resources were prevalent.
    Toilets did not function, and prisoners slept and ate in the same space
    used for sanitation purposes. Access to drinking and bathing water was
    inadequate. Wells ran dry in the dry season, and electric pumps, such
    as the one in Conakry Prison, did not function. In 2009 a foreign
    observer reported that inmates in Siguiri Prison in the northeast of
    the country lacked access to medical care, adequate food and water, and
    legal representation--a situation that was common in prisons throughout
    the country.
        NGOs reported endemic malnutrition throughout the prison system,
    which did not deliver food or medicine to inmates. Prison directors
    relied on charities, the International Committee of the Red Cross
    (ICRC), and NGOs to provide food for inmates. Due to the efforts of
    such groups, no prisoners in Conakry Prison died of malnutrition during
    the year. Prisoners reported eating one small meal a day consisting
    primarily of rice and sauce. Some inmates relied on assistance from
    families or friends to maintain their health, but relatives often
    abandoned prisoners due to the difficulty and cost of travel to the
    prisons. Guards often demanded bribes in exchange for delivering food
    to inmates and routinely confiscated food.
        Inmates were not tested for HIV/AIDS upon entry into the prisons,
    and no statistics on HIV/AIDS infection rates were kept; however, local
    NGOs estimated that 15 percent of the prison population was infected.
    Lack of medicine in prisons, combined with endemic malnutrition and
    dehydration, made infection or illness life threatening. In several
    regions prisoners with tuberculosis were held together with uninfected
    inmates.
        Although there was no data on prisons in the interior of the
    country, a prisoner advocacy NGO in Conakry estimated that 18 prisoners
    died from poor prison conditions during the year.
        Although the Ministry of Justice administered civilian prisons,
    military officers and guards managed and staffed the facilities. There
    were reports that some prison administrators followed directives from
    their military superiors, even when they were in conflict with orders
    from the Ministry of Justice. Due to limited funds and personnel
    shortages, prisons were largely staffed by untrained and unpaid
    ``volunteers'' who hoped for permanent entry into the military. This
    system was difficult to manage and particularly vulnerable to
    corruption and abuse. Some prisoners exercised more power than the
    guards, controlling conditions and cell assignments, giving better
    conditions to prisoners who were able to pay.
        NGOs estimated that 3,800 prisoners (including between 47 and 100
    women) were incarcerated in 32 civilian prison facilities nationwide.
    Statistics on incarcerated minors held nationwide were unavailable, but
    a local NGO reported that 130 minors were incarcerated at Conakry
    Prison, of which 14 had never been formally charged or tried, several
    had been imprisoned for more than six years, and others had grown up in
    the prison. No information was available on the number of children
    incarcerated with their mothers nationwide. The transition government
    did not provide for children's food, clothing, education, or medical
    care in prison.
        In most prisons men and women were held separately, but juveniles
    generally were held with adults in prisons outside the capital.
    Children in Siguiri Prison were housed with adult men and women. Local
    NGOs reported that male juveniles were held separately from male adults
    at Conakry Prison; however, women and girls were confined together and
    not given the same freedoms, including access to fresh air, as their
    male counterparts. Pretrial detainees were not separated from convicted
    prisoners, and the prison system often was unable to track pretrial
    detainees after arrest.
        Conditions in military prisons, which were under the Ministry of
    Defense, could not be verified since the transition government denied
    access to prison advocacy groups and international organizations;
    however, unlike in the previous year, international organizations and
    NGOs were permitted access to prisons run by the gendarmerie. In 2009
    local media reported the use of torture at the military prison on Kassa
    Island. While the majority of prisoners detained in the Kassa Island
    facility were released after its closure in January, there were reports
    that some prisoners still remained, one of whom was reportedly beaten
    during the year.
        Gendarmerie prisons were commonly used to hold civilian detainees
    while they were being processed for transfer to civilian facilities;
    however, such temporary detentions could last anywhere from a few days
    to several months.
        Prisoners and detainees were not permitted reasonable access to
    visitors or granted religious observance. Authorities did not permit
    prisoners and detainees to submit complaints to judicial authorities
    without censorship or request investigation of credible allegations of
    inhumane conditions. Prisoners and detainees have the right to submit
    complaints, but seldom exercised that right due to fear of reprisals by
    prison guards and the gendarmerie. Prison authorities did not
    investigate credible allegations of inhumane prison conditions, nor has
    the Government investigated or monitored prison or detention center
    conditions.
        The country has no ombudsman to serve on behalf of prisoners and
    detainees to consider alternatives to incarceration for nonviolent
    offenders, monitor the status and circumstances of confinement of
    juvenile offenders, or improve pretrial detention, bail, and
    recordkeeping procedures to ensure prisoners are not held beyond their
    maximum sentences. However, the Association for the Support of Refugees
    and Displaced Persons in Detention, a local NGO that maintained offices
    in all prison facilities, regularly interceded with the Justice
    Ministry and prison officials to alleviate overcrowding, improve
    pretrial detention, and keep judicial processes moving without the
    commonly used tactic of bribery.
        The transition government permitted prison visits by local
    humanitarian and religious organizations that offered medical care and
    food for those in severe need.
        The ICRC was allowed regular access to all civilian detention
    facilities; however, no international or local organization was
    permitted access to military detention facilities. The ICRC continued
    partnership programs with prison and security authorities to improve
    civilian prison conditions.

        d. Arbitrary Arrest or Detention.--The new constitution and law
    prohibit arbitrary arrest and detention, but the transition government
    did not observe these prohibitions.

        Role of the Police and Security Apparatus.--The gendarmerie, a part
    of the Ministry of Defense, and the National Police, under the Ministry
    of Security, share responsibility for internal security. The army is
    responsible for external security but also plays a role in domestic
    security. FOSSEPEL, a 16,000-member unit composed of police and
    gendarmes, was created in May to ensure security during the elections
    and was under the Ministry of Security. The code of penal procedures
    permits the military, FOSSEPEL, the gendarmerie, and police forces to
    make arrests; however, only the gendarmerie can arrest members of the
    military and police forces.
        The police force was inadequately staffed and lacked training. In
    addition, some police officers were part of a ``volunteer'' corps that
    did not receive salaries. Administrative controls over the police were
    ineffective, and security forces rarely followed the penal code.
    Corruption was widespread, and security forces generally were not held
    accountable for abuses of power or criminal activities (see section 4).
    Many citizens viewed all the security forces as corrupt, ineffective,
    and dangerous.
        FOSSEPEL was effective in quelling violence during the first round
    of presidential elections in June, and there were no reports of
    excessive use of force; however, before and after the November 7
    presidential runoff, there were reports of lack of discipline,
    excessive force, criminality, and ethnic partisanship by some FOSSEPEL
    members (see section 3).
        According to the African Organization for the Defense of Human
    Rights-Guinea Section (RADDHO-Guinea), 22 military and police personnel
    were arrested for use of excessive force, looting, and inciting
    violence (see section 1.a.).
        During the year the transition government took steps to train and
    reform security forces. In July the chief of the gendarmerie signed a
    use of force policy that complied with international standards and was
    successfully implemented during the electoral period.
        There were instances in which security forces failed to prevent or
    respond to societal violence. Police did not intervene during February
    ethno-religious violence in N'Zerekore. During October 18-19 violent
    demonstrations in Conakry, FOSSEPEL did not intervene initially, due in
    part to being overwhelmed until police and gendarmerie reinforcements
    arrived.

        Arrest Procedures and Treatment While in Detention.--The law
    requires warrants before an arrest and provides that detainees be
    charged before a magistrate within 72 hours; however, many detainees
    were arrested without warrants and incarcerated for longer periods
    before being charged. The law precludes arrest of persons in their
    homes between 4:30 p.m. and 6:00 a.m.; however, night arrests occurred.
    After being charged, the accused may be held until the conclusion of
    the case, including a period of appeal. Authorities routinely ignored
    the legal provision that provides client access to attorneys. Indigent
    defendants were not provided attorneys at state expense. Although the
    law prohibits incommunicado detention, it occurred in practice. Release
    on bail was at the discretion of the magistrate who had jurisdiction.
    The law allows detainees prompt access to family members, but such
    access was sometimes denied or occurred in the presence of a government
    official.
        Security forces arbitrarily arrested numerous persons during the
    year.
        On March 30, at military barracks in Caleah and Forecariah,
    military personnel arrested approximately 300 soldiers for suspected
    participation in a revolt at the barracks. A majority of the detainees
    were released 48 hours after the incident, but 16 remained in detention
    in Conakry's main prison without formal charge at year's end.
        On June 12, police arrested and detained for 24 hours eight
    military officers closely identified with the Dadis Camara regime. No
    formal charges were brought against the individuals.
        Numerous persons were arrested during violent civilian clashes
    before and after the second round of presidential elections on November
    7; however, it was difficult to ascertain how many of those were
    arbitrarily arrested on the basis their ethnicity and how many were
    detained on the basis of credible allegations of criminal acts.
        On September 11 and 12, during fighting between UFDG and RPG
    supporters in Conakry, numerous persons were arrested and subsequently
    released.
        During violent demonstrations on October 18 and 19, FOSSEPEL
    members arrested 327 protesters, all of whom were released by year's
    end. During electoral violence in November, numerous persons were
    arrested and subsequently released.
        A journalist was arbitrarily arrested during the year (see section
    2.a.).
        Unlike in the previous year, there were no reports that gendarmes
    routinely arrested civilians and detained them at Kassa Island military
    prison until they paid bribes for their release (see section 1.c.).
        How many of the hundreds of persons who disappeared in the
    September 2009 stadium massacre and subsequent government crackdown had
    been arrested and detained was unclear. While some detainees arrested
    in 2009 were released, an undetermined number remained in detention at
    year's end.
        The following persons arrested in 2009 were believed to have been
    released: 11 detainees held with a journalist at Camp Koundara; 12
    military officers arrested in January; three military personnel
    detained in April for alleged coup-plotting; and Kader Doumbouya.
        On February 5, human rights activist Mouctar Diallo was released
    (see section 5).
        On February 23, Sadou Diallo and Toussaint Tichissambou, detained
    in July 2009 by the then-minister of high crimes and antidrugs Tiegboro
    Camara, were released and all charges dropped.
        On March 3, Ahmed Kante, a former minister of mines accused of
    misappropriation of state funds, was released after being detained one
    year without formal charge.
        During the year Ousmane Conte and three associates, all of whom
    were arrested in November 2009, were released.
        On May 15, Prime Minister Dore announced that nearly 200 prisoners
    detained without charge would be released. Among those released were
    women and children as well as several military officials arrested by
    the former military junta. It was unclear how many detainees were
    released as a result of the prime minister's declaration.
        Judicial inefficiency, corruption, and lack of political will
    contributed to prolonged pretrial detention. Local and international
    NGOs estimated that 85 percent of all prisoners were awaiting trial.
    Many detainees remained in prison for more than 10 years without trial.

        e. Denial of Fair Public Trial.--The new constitution and law
    provide for an independent judiciary; however, the judicial system
    lacked independence and was underfunded, inefficient, and overtly
    corrupt (see section 4). Budget shortfalls, a shortage of qualified
    lawyers and magistrates, and an outdated and restrictive penal code
    limited the judiciary's effectiveness. The Government largely ignored
    the judiciary.
        A military tribunal prepares and adjudicates charges against
    accused military personnel, to whom the penal code does not apply,
    although military courts provide the same rights as civil courts.
    Civilians were not subject to military tribunals.
        Many citizens wary of judicial corruption preferred to rely on
    traditional systems of justice at the village or urban neighborhood
    level. Litigants presented their civil cases before a village chief, a
    neighborhood leader, or a council of ``wise men.'' The dividing line
    between the formal and informal justice systems was vague, and
    authorities sometimes referred a case from the formal to the
    traditional system to ensure compliance by all parties. Similarly, if a
    case was not resolved to the satisfaction of all parties in the
    traditional system, it could be referred to the formal system for
    adjudication. In the traditional system evidence given by women carried
    less weight.

        Trial Procedures.--Trials are public, and juries are used for
    criminal cases. Defendants have the right to be present and to consult
    with an attorney in a timely manner. Defendants have the right to
    confront and question prosecution witnesses and to present witnesses
    and evidence on their behalf. The prosecution prepares a case file,
    including testimonies and evidence, and provides a copy for the
    defense. The law provides for the presumption of innocence of accused
    persons, the independence of judges, the equality of citizens before
    the law, the right of the accused to counsel, and the right to appeal a
    judicial decision; however, these rights were not consistently observed
    in practice. Although the transition government was responsible for
    funding legal defense costs in serious criminal cases, in practice it
    rarely disbursed funds for this purpose. The attorney for the defense
    frequently received no payment.
        Lack of due process sometimes resulted in unenforceable judgments.
    For example, in September the president of the Dixin Court found two
    members of the Independent National Electoral Commission (CENI) guilty
    of fraud and sentenced them to one year in prison and a fine of two
    million Guinean Francs ($434) (see section 3). Since the proceedings
    did not comply with the law, the judgment was not legally enforceable,
    and neither of the CENI members had been arrested by year's end.

        Political Prisoners and Detainees.--The transition government
    denied the existence of political prisoners or detainees during the
    year. According to HRW, however, the Kassa Island facility still held
    detainees at year's end, including civilian Souape Kourouma and
    military officers Colonel David Sylla, Colonel Sekou Fadiga, and
    Captain Issa Camara; all were being detained without charge for alleged
    coup-plotting. According to witnesses who saw the men in detention,
    none was granted access to a lawyer or had been brought before a judge,
    and Kourouma claimed to have been beaten.
        Under the junta government in 2009, political prisoners were
    reportedly held either at the Kassa Island military prison or at
    Conakry Prison, where they were separated from the general population.
    Following the September 2009 massacre and subsequent government
    crackdown, there also were reports of an unknown number of political
    detainees being held at Camp Alpha Yaya.

        Civil Judicial Procedures and Remedies.--The law provides for a
    judicial procedure in civil matters, including lawsuits seeking damages
    for human rights violations; however, it was neither independent nor
    impartial, and decisions were often influenced by bribes and based on
    political and social status. There were no lawsuits seeking damages for
    human rights violations during the year. In practice domestic court
    orders were often not enforced.

        f. Arbitrary Interference With Privacy, Family, Home, or
    Correspondence.--The new constitution and law provide for the
    inviolability of the home and require judicial search warrants;
    however, police reportedly ignored legal procedures in the pursuit of
    criminals or when it served their personal interests. Unlike in the
    previous year, there were no reports that soldiers entered private
    residences and businesses to extort money and rob or threaten
    civilians.
        Following the state of emergency imposed on February 17, the
    transitional government ordered cellular companies to block text
    messaging, which had been used to coordinate demonstrations. In 2009
    the junta government blocked text-messaging capabilities during
    political unrest.
        Unlike in the previous year, there were no reports that security
    forces arrested the family members of detainees or persons it sought to
    detain.
    Section 2. Respect for Civil Liberties, Including:

        a. Freedom of Speech and Press.--The new constitution and law
    provide for freedom of expression and of press; however, the transition
    government sometimes restricted these rights. Some journalists
    continued to practice self-censorship, although less so than in
    previous years.
        During the year the transitional government enacted a new law that
    replaces prison terms for journalists with the following fines: between
    one million and five million Guinea francs ($217 and $1,086) for
    defamation, slander, and seditious talk against government officials;
    between 500,000 to 20 million Guinea francs ($108 to $4,347) for
    defamation relating to the nationality, race, or religion of a person
    or group; and between 500,000 to two million Guinea francs ($108 to
    $434) for incitement, condoning murder, or disseminating material
    against public modesty and morals. According to Boubacar Algassimou
    Diallo, political editor of the private weekly Le Lynx, ``the fines are
    so high that journalists think they prefer prison.''
        Citizens could generally criticize the Government publicly and
    privately without fear of reprisal.
        Despite the limited reach of the print media due to low literacy
    rates and high prices of newspapers, the independent media were active
    and expressed a wide variety of views without official restrictions.
    The National Communications Council (CNC) provided financial subsidies
    to independent media organizations.
        There were 13 private newspapers published weekly in Conakry, and
    approximately 100 other publications appeared sporadically; technical
    difficulties and high operating costs impeded regular publication. Two
    private newspapers were published irregularly in the regions of Labe
    and Kankan. Foreign publications, some of which criticized the
    Government on a regular basis, were available both in print and
    electronic format.
        Unlike in the previous year, there were no reports that security
    forces beat and tortured journalists who criticized the Government.
    There also were no reports that the transitional government excluded
    independent media from government meetings or that security forces
    assaulted independent journalists who tried to attend.
        No action was taken against members of the Presidential Guard who
    in March 2009 whipped, kicked, and robbed an independent reporter who
    was covering a clash between soldiers and youth protestors over the
    sale of a soccer field.
        On May 10, a journalist from The Independent newspaper was arrested
    and detained for two days without formal charge. He was released on May
    12.
        On February 5, the transition government released human rights
    activist Mouctar Diallo, whom the military junta had arrested in
    November 2009 for criticizing the junta (see section 5).
        Media sources admitted self-censorship during the country's
    transition period and collectively signed a ``code of good conduct''
    that highlighted the importance of national unity during the fragile
    transition period. For several months after the assassination attempt
    on junta leader Dadis Camara and the creation of the transition
    government, journalists continued to prefer to publish human-interest
    pieces and other innocuous stories, although the press became far more
    vigorous once presidential campaigning began in earnest.
        Radio remained the most important source of information for the
    public, and numerous private stations broadcast throughout the country.
        Unlike in the previous year, the transitional government permitted
    political parties and religious institutions to own media outlets and
    did not restrict programming on political and religious subjects. The
    CNC did not suspend political discussion on the radio, and state media
    provided equal coverage of all 24 political parties during the
    election.
        During the first round of presidential elections, the media was
    allowed access to all polling stations. However, during both rounds of
    presidential elections, the transition government forbade the private
    media from reporting election results, claiming that reporting voting
    percentages could upset national unity.

        Internet Freedom.--There generally were no government restrictions
    on access to the Internet or reports that the transition government
    monitored e-mail or Internet chat rooms. Individuals and groups could
    engage in the peaceful expression of views via the Internet, including
    by e-mail. The Internet was available in the capital city and in a few
    larger towns, but less than 1 percent of the country's inhabitants used
    it, according to 2009 International Telecommunication Union statistics.
    Cost, illiteracy, and lack of availability remained major constraints
    to Internet use.

        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 new constitution provides for freedom of assembly and
    association; however, the law imposes restrictions, and the
    transitional government restricted these rights during the year.
        The law restricts freedom of assembly and bans any meeting that has
    an ethnic or racial character or any gathering ``whose nature threatens
    national unity.'' The transition government required 72-working-hour
    advance notification for public gatherings. The law permits local
    authorities to cancel a demonstration or meeting if they believe it
    poses a threat to public order. Authorities may also hold event
    organizers criminally liable if violence or destruction of property
    ensues.
        On six occasions during the year the transition government banned
    public protests in the wake of election violence, claiming that public
    gatherings threatened national security. All political parties agreed
    to the bans, which the population generally respected.
        During the year security forces used tear gas, batons, and live
    ammunition to disperse violent demonstrations, resulting in deaths and
    injuries (see sections 1.a. and 3).

        Freedom of Association.--The new constitution and law provide for
    freedom of association, and, unlike in previous years, the Government
    generally respected this right in practice. Requirements to obtain
    official recognition for public, social, cultural, religious, or
    political associations were not cumbersome, although bureaucratic
    delays sometimes impeded the registration of new associations.

        c. Freedom of Religion.--For a discussion of religious freedom, see
    the 2010 International Religious Freedom Report at www.state.gov/g/drl/
    irf/rpt.

        d. Freedom of Movement, Internally Displaced Persons, Protection of
    Refugees, and Stateless Persons.--The constitution and law provide for
    freedom of movement, foreign travel, emigration, and repatriation, and
    the transition government generally respected these rights in practice.
    The transition government cooperated with the Office of the UN High
    Commissioner for Refugees (UNHCR) and other humanitarian organizations
    in providing protection and assistance to refugees and asylum seekers.
        The transition government required all citizens to carry national
    identification cards, which they must present on demand at security
    checkpoints.
        According to a credible NGO, a government initiative to remove
    roadblocks during the year resulted in a 75 percent decrease in
    roadblocks compared to 2009. Nevertheless, police and security forces
    continued to detain persons at military roadblocks to extort money,
    impeding the free movement of travelers and threatening their safety.
        The law does not prohibit forced exile, but the transition
    government did not use it.

        Internally Displaced Persons (IDPs).--Hundreds of persons were
    displaced during the year as a result of election-related violence or
    fear of such violence.
        In early November a suspected poisoning of dozens of RPG supporters
    during a meeting in Conakry spurred ethnically motivated attacks
    against members of the Peuhl ethnicity in at least four towns,
    according to HRW (see section 3). According to the ICRC, the violence
    resulted in the displacement of at least 2,800 persons. In response the
    Government dispatched additional security forces to protect those who
    had been displaced and their property; the transitional government also
    allowed those who were displaced to vote away from their assigned
    polling station during the second round of presidential elections. None
    of the IDPs returned to their homes by year's end.
        Following the November 15 announcement of provisional election
    results by CENI, hundreds of Malinke in Middle Guinea left their homes,
    although most returned by year's end.

        Protection of Refugees.--There is a government-established system
    providing protection to refugees through an advisor on territorial
    issues within the Ministry of Territorial Administration. In practice
    the transition government generally provided protection against the
    expulsion or return of refugees to countries where their lives or
    freedom would be threatened.
        The country was a place of refuge for asylum seekers from
    neighboring countries, including Liberia, Sierra Leone, Cote d'Ivoire,
    and Guinea Bissau. At year's end the UNHCR and the National Bureau for
    Refugee Coordination estimated that the total refugee population was
    15,325, the majority of whom were Liberians. At year's end the UNHCR
    reported that only two refugee camps remained operational.
        The transition government, in coordination with the UNHCR, assisted
    the safe, voluntary return of Liberian refugees to Liberia and
    facilitated local integration for Liberian refugees unwilling or unable
    to return to their homes. Most of the aid for local integration
    consisted of a small plot of land in the Forest Guinea Region near
    N'Zerekore, as well as a written letter of introduction from the
    national government soliciting local businesses to hire integrated
    former refugees. However, many refugees viewed the assistance as
    inadequate.
        During the year the transition government, with the UNHCR,
    continued to facilitate the local integration of approximately 1,500
    Sierra Leonean refugees whose refugee status had been revoked by a
    panel chaired by the UNHCR.
        During the year the transition government continued to provide
    temporary protection to approximately 66 individuals of various African
    nationalities who may not qualify as refugees under the 1951 Convention
    relating to the Status of Refugees or its 1967 Protocol.
        Tension continued between host communities and refugee populations
    because of disparities in living standards and tribal conflicts,
    although these tensions were less apparent than in previous years.
    Economic decline in the country continued to exacerbate situations
    where refugees received basic services and opportunities unavailable to
    citizens. The UNHCR continued to offer financial support for the
    rehabilitation of communities severely affected after 18 years of
    hosting refugees.
    Section 3. Respect for Political Rights: The Right of Citizens to
            Change Their Government
        The new constitution provides citizens the right to change their
    government peacefully, and citizens partially exercised this right
    during the year in two rounds of presidential elections, from which
    UFDG candidate Alpha Conde emerged as the victor; however,
    irregularities, political and ethnic violence, and incidents of
    excessive force by security forces responding to the violence marred
    the election's credibility.
        In accordance with the Ouagadougou Accord, the CNT was formed in
    February to act as the legislative body until legislative elections
    were held. Composed of representatives from civil society, political
    parties, security forces, unions, youth groups, and educators, the CNT
    during the year rewrote the constitution, the electoral code, and the
    media code to define a new government with significantly less power for
    the president.

        Elections and Political Participation.--On June 27, UFDG candidate
    Cellou Diallo and RPG candidate Alpha Conde emerged as the front-
    runners in the first round of presidential elections, which
    international observers characterized as credible and free. FOSSEPEL
    defused a few clashes between supporters of different political parties
    quickly and with minimum force. Political party candidates could freely
    declare their candidacy and stand for elections, and there were no
    government restrictions focused on any one party. Each of the 24
    candidates was allotted equal access to the media, and several observer
    groups stated that media coverage leading up to the first round of
    elections was neutral. The 24 candidates represented all of the
    country's major ethnic groups and many of its smaller ethnic groups as
    well.
        The second round of presidential elections, originally scheduled
    for September 19, was repeatedly postponed until November 7, due to a
    dispute over alleged bias in CENI leadership, inadequate preparation
    for the elections, and the theft of laptops provided by the European
    Union to tabulate results from polling stations. International donors
    quickly replaced the laptops.
        On November 7, the second round of presidential elections,
    originally scheduled for September 19 and postponed to October 10 and
    October 24, was held. On November 14, before election results were
    announced, Diallo declared that he would not accept the outcome of the
    vote. This was largely because the CENI refused to disqualify ballots
    from two contested prefectures where minority Peuhls were unable to
    vote due to ethnically motivated attacks against them in October; one
    Peuhl was killed, and Peuhl residents fled (see section 2.d.). On
    November 15, CENI announced the provisional results of the election,
    which gave Alpha Conde the victory with 52.52 percent of the vote.
    International observers characterized the election as generally free
    and fair. Diallo subsequently challenged the results in the Supreme
    Court, and two days of violence between UFDG and RPG supporters ensued.
    On November 17, the transitional government declared a state of
    emergency and a dusk-to-dawn curfew; the curfew was withdrawn on
    December 3, when the Supreme Court validated the election results.
        Election-related violence, which occurred sporadically during the
    year, was largely drawn along ethnic lines between Diallo's Peuhl
    supporters and Conde's supporters--mostly Malinke, Soussou, and
    residents of the Forestier Region. Deaths and injuries resulted from
    the violence.
        On June 25, in Coyah, fighting between UFDG and RPG resulted in two
    deaths. On September 11 and 12, in Conakry, two youths were killed
    during fighting between UFDG and RPG supporters. One youth was killed
    by a rock and the other by a bullet shot by an unidentified
    perpetrator.
        Beginning in October some members of FOSSEPEL, which was dominated
    by ethnic groups that supported the RPG and Alpha Conde, were drawn
    into the violence.
        On October 18 and 19, gendarmerie and FOSSEPEL personnel used tear
    gas and batons to disperse thousands of predominantly UFDG youth who
    were protesting CENI leadership. The demonstrators, who numbered in the
    thousands, blocked traffic with burning tires and threw stones at
    passing vehicles. Numerous persons were injured, and approximately 100
    of the 327 persons arrested during the two-day clash remained in prison
    without formal charge at year's end.
        In late October violence again erupted between UFDG and RPG
    supporters. According to HRW, some FOSSEPEL members beat and assaulted
    party supporters, chased some into their homes and workplaces, and used
    the unrest as a pretext to loot shops and commit criminal acts,
    including theft of mobile phones, money, and other goods. Approximately
    30 persons detained by security forces described being slapped, kicked,
    whipped, burned, and beaten with batons and rifle butts as they were
    being detained by security force members on the street, at their home
    or jobs, or in one of several gendarme and police facilities. HRW also
    documented the rape of six women by soldiers in the town of Labe; the
    transition government did not take action against these soldiers by
    year's end.
        Witnesses described how some FOSSEPEL officers targeted individuals
    for abuse and theft on the basis of their ethnicity, using racial
    threats and warning them not to vote for a particular party.
        On November 16 and 17, following the November 15 announcement of
    Conde's victory, violence again erupted between supporters of Diallo
    and Conde. Mobs of youths and men armed with rocks, sticks, iron bars,
    knives, machetes, and, in a few cases, small swords and hammers
    attacked supporters on both sides of the ethnic-political divide.
    However, in Conaky, HRW documented considerably more attacks by Peuhl
    youths on members of communities they believed supported Conde than the
    reverse. Conakry residents described being attacked in their homes,
    dragged out of their cars and beaten, singled out for abuse due to
    their ethnicity at informal checkpoints, and, in at least three cases,
    raped. Witnesses described how mobs vandalized and sometimes burned
    houses, cars, or furniture. Those who suffered the most serious
    violence were from ethnic groups that were a clear minority in a given
    neighborhood. Many families fled their homes.
        While security forces sought to quell the violence in the cities of
    Conakry, Dalaba, and Labe, they failed to provide equal protection to
    all citizens, according to HRW. In some cases FOSSEPEL used lethal
    force to suppress violence by members of the Peuhl ethnic group. There
    were reports that security force members used ethnic slurs against
    members of the Peuhl ethnic group, collaborated with civilian mobs from
    ethnic groups that largely supported Conde, and in several cases looted
    and stole property from persons who were perceived to have supported
    Diallo.
        In November, HRW took in-depth statements from 16 victims of
    gunshot wounds, 12 of whom described seeing security force members
    either shooting directly at them, or near them; the other four were
    injured by stray bullets fired by security forces. The local hospital
    where the vast majority of victims were taken informed HRW that it
    treated 84 individuals for gunshot wounds. Some of the injured admitted
    that they had engaged in violence and thrown rocks at the security
    forces, but the majority denied involvement in violence and said they
    had been shot in or near their homes by security forces members who
    stormed houses and compounds looking for youths who had fled after
    being dispersed by tear gas. Some of the youths also described being
    shot by security forces conducting foot or vehicular patrols after the
    violence had calmed down. Several men were shot, including two who
    died, during periods of relative calm when the men had ventured out to
    buy water or supplies or to visit family members.
        There were also unconfirmed reports that military personnel
    attempted to impersonate FOSSEPEL officers and disrupt political
    rallies. There were also unconfirmed reports that ethnic partisans
    masqueraded as FOSSEPEL officers to inflict harm on members of opposing
    groups.
        There were 36 women in the 155-seat CNT, including the CNT
    president. Six of 13 cabinet ministers were women, and there were two
    female justices on the Supreme Court. Minority ethnic groups were
    represented in CENI, the CNT, and the cabinet.
    Section 4. Official Corruption and Government Transparency
        The law provides criminal penalties for official corruption;
    however, the transition government did not implement the law
    effectively, and officials frequently engaged in corrupt practices with
    impunity. Corruption remained widespread throughout all branches of
    government. The World Bank's most recent Worldwide Governance
    Indicators reflected that corruption was a severe problem. Public funds
    were diverted for private use or for illegitimate public uses, such as
    buying expensive vehicles for government workers. Land sales and
    business contracts generally lacked transparency.
        Security force corruption was endemic. Members of the military
    targeted and robbed business owners and coerced others into paying
    bribes. Police ignored legal procedures and extorted money from
    citizens at roadblocks.
        The judicial system was endemically corrupt. Magistrates were civil
    servants with no assurance of tenure, and judicial authorities
    routinely accepted bribes in exchange for favorable rulings.
        During the year no high-profile corruption cases were prosecuted,
    and officials arrested in 2009 and charged with corruption were
    released.
        On March 24, seven persons arrested in May 2009 for allegedly
    trafficking narcotics were released without formal charge, including a
    former chief of the armed forces staff, former director general of the
    National Committee of Antidrugs, the former secretary general of the
    committee, and two other high-ranking military officials. Court
    proceedings against the individuals started in February, but all
    charges were eventually dropped when the court proceedings turned into
    a public spectacle against the junta regime and Tiegboro Camara, who
    arrested the individuals in May 2009.
        Public officials were not subject to public disclosure laws.
        There is no law providing free access to government information.
    Unlike in the previous year; however, the transition government
    routinely publicized the deliberations of cabinet meetings and
    presidential activities.
    Section 5. 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. During the year the
    transition government created an Independent National Institution for
    Human Rights, which was charged with promoting human rights throughout
    the country. The transition government met with domestic NGO monitors,
    but seldom responded to their inquiries, reports, or recommendations
    during the year. Security forces attacked a prominent human rights
    worker during the year.
        Independent human rights NGOs included RADDHO-Guinea and the
    Association for the Support for Refugees and Displaced Persons in
    Detention.
        On October 23, human rights defender Mamadou Aliou Barry was
    attacked and beaten while trying to stop members of the security forces
    from attacking a group of youths in Hamdalaye, a suburb of Conakry.
    Barry had traveled to the area after hearing reports that gendarmes and
    members of the presidential guard were beating residents and ransacking
    homes and stores. Barry, who was detained with approximately 15 men,
    suffered a broken arm and numerous contusions. According to Barry,
    security force members told him, ``You, the Peuhl, will not be allowed
    to vote. We will detain you and keep you here.you will not be in power,
    we will crush you.''
        On February 5, Mouctar Diallo, the president of a local human
    rights organization, was released and all charges dropped. Diallo, who
    was arrested in November 2009, was reportedly being held for
    criticizing the junta.
        The transition government facilitated visits by a number of
    international human rights NGOs and generally cooperated with such
    organizations; however, none were permitted access to military prisons.
        The transition government generally cooperated with international
    governmental organizations and permitted visits by UN representatives.
    Authorities permitted and facilitated visits by members of the
    International Criminal Court, who were investigating human rights
    abuses committed by government officials in 2009. The transition
    government also cooperated in the creation of a UN office for human
    rights in Conakry, as suggested by the UN Commission of Inquiry Report
    on the September 2009 violence.
        Despite promises, however, the transition government did not allow
    an independent investigation into the September 2009 stadium massacre.
        Due to lack of funds and political will, an independent commission
    of inquiry, established in 2007 to investigate human rights abuses
    committed by security forces during the 2007 general strike, had not
    begun its investigation by year's end.
    Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
        The law states that all persons are equal before the law regardless
    of gender, race, ethnicity, language, beliefs, political opinions,
    philosophy, or creed; however, the transition government did not
    enforce these provisions uniformly.

        Women.--Rape is a criminal offense but was rarely prosecuted.
    Authorities were reluctant to pursue criminal investigations of alleged
    sexual crimes, and there were no reports of prosecutions of rapists,
    although police records indicated 50 persons were arrested for rape
    during the year. Spousal rape is neither punished nor regarded as a
    criminal offense. Social beliefs and fear of being ostracized prevented
    most victims from reporting incidents of rape. According to a 2003
    study, victims of sexual assault constituted more than 20 percent of
    women treated in a local hospital. Experts reported that the situation
    had not changed significantly. Many of these assaults were perpetrated
    by a person the victim knew, and often took place at school; more than
    half the victims were young girls. Several local NGOs worked to
    increase public awareness and the reporting of such crimes.
        Domestic violence against women was common, although estimates of
    its prevalence were unavailable. Due to fear of stigmatization and
    reprisal, women rarely reported abuse. Wife beating is not addressed
    specifically within the law, although charges can be filed under
    general assault, which carries penalties ranging from two to five years
    in prison and fines ranging from 50,000 to 300,000 Guinea francs ($11
    to $65). Assault constitutes grounds for divorce under civil law;
    however, police rarely intervened in domestic disputes, and there were
    no reports of perpetrators being punished. Local NGOs assisted victims
    of domestic violence.
        Sexual harassment is not against the law. Women working in the
    formal sector in urban areas complained of frequent sexual harassment,
    and it was not penalized by employers.
        Couples and individuals have the right to decide freely on the
    number, spacing, and timing of their children and generally had access
    to information on how to do so without fear of discrimination,
    coercion, or violence. In 2008 the maternal mortality ratio was 680
    deaths per 100,000 live births. Nine percent of women of reproductive
    age used a modern method of contraception. Women generally had equal
    access to diagnoses and treatment for sexually transmitted infections,
    including HIV. However, cultural norms and taboos reportedly dissuaded
    individuals from taking advantage of opportunities to learn about
    reproductive health or seeking health services for sexually transmitted
    infections.
        The law generally provides for equal treatment of men and women;
    however, traditional law discriminates against women and sometimes took
    precedence over formal law, particularly in rural areas. Formal law
    regarding inheritance also discriminates against women. The Ministry of
    Social Affairs and Women's and Children's Issues worked to advance
    legal equality for women; however, women faced discrimination
    throughout society, particularly in rural areas, where opportunities
    were limited. According to the Organization for Economic Cooperation
    and Development (OECD), women under traditional law are entitled to
    hold land only on a usufruct basis, which authorizes them to work
    family-owned land and draw a wage, but not to own the land. Women also
    had difficulty obtaining loans, according to the OECD.
        Government officials acknowledged that polygyny was a common
    practice. Divorce laws generally tend to favor men in awarding custody
    and dividing communal assets. Legal evidence given by women carried
    less weight than testimony by men, in accordance with Islamic precepts
    and customary law. Although the principle of equal pay for equal work
    exists, in practice women received lower pay than men. No steps were
    taken to implement the 2007-2011 action plan on women's empowerment.

        Children.--Citizenship can be derived by birth, marriage,
    naturalization, or parental heritage. The transition government did not
    systematically register births and issue birth certificates, leaving a
    significant number of children without official documentation and
    thereby impeding their access to school and health care.
        Government policy provides for tuition-free, compulsory primary
    school education for six years; however, enrollment rates were
    generally low by international standards. While girls had equal access
    to all levels of primary and secondary education, social norms and
    practices resulted in significantly lower attendance rates at the
    secondary level.
        Child abuse was a problem. Ritual murders occurred, although the
    extent of the practice was unknown due to cultural taboos and a general
    unwillingness to speak on the subject. Unlike in previous years, there
    were no arrests in connection with ritual killings.
        On March 16, a three-year-old child was abducted from his Conakry
    home and killed. His throat was cut, his eyes removed, and his abdomen
    slit open in a manner reportedly consistent with ritualistic ceremonies
    involving human sacrifice. The alleged killer and accomplice were being
    held in Conakry Prison and were awaiting trial at year's end.
        FGM was practiced widely in all regions among all religious and
    ethnic groups, primarily on girls between the ages of four and 17;
    infibulation, the most dangerous form of FGM, was rarely performed. The
    Coordinating Committee on Traditional Practices Affecting Women's and
    Children's Health (CPTAFE), a local NGO dedicated to eradicating FGM
    and ritual scarring, reported high rates of infant mortality and
    maternal mortality due to FGM. According to a 2005 Demographic and
    Health Survey, 96 percent of women in the country had undergone the
    procedure. FGM is illegal, and practitioners faced a penalty of three
    months in prison and a fine of approximately 100,000 Guinea francs
    ($21); however, there were no prosecutions during the year.
        The transition government cooperated with NGOs in their efforts to
    eradicate FGM and educate health workers on the dangers of the
    practice. A study conducted by a local NGO during the year reported
    that 33 percent of women and 45 percent of men were opposed to FGM,
    compared to 19 percent of women and 41 percent of men in 2005. The NGO
    TOSTAN was successful in bringing together many communities to declare
    their intention to abandon FGM and early or forced marriage.
    Recognizing traditional practices that encouraged FGM, TOSTAN helped
    establish binding social contracts in which families agreed to accept a
    woman who had not undergone FGM to marry one of their sons. Continued
    efforts by NGOs to persuade communities to abandon FGM resulted in
    thousands of families ending the practice. Urban, educated families
    increasingly opted to perform only a slight, symbolic incision on a
    girl's genitals rather than the complete procedure.
        The legal age for marriage is 21 years for men and 17 years for
    women. Although there were no official reports of underage marriage, it
    was a problem. Parents contracted marriages for girls as young as 11
    years of age in Middle Guinea and the Forest Region. The CPTAFE, in
    conjunction with the transition government, local journalists, and
    international NGOs, continued to run an education campaign to
    discourage underage marriage and reported lower rates than in previous
    years. According to the CPTAFE, some families that sanctioned early
    marriages nevertheless kept their married daughters in the family home
    until they had at least completed secondary school.
        Sexual assault of children, including rape, was a serious problem.
    Girls between the ages of 11 and 15 years were most vulnerable and
    represented more than half of all rape victims. The law prohibits child
    pornography, and the country has a statutory rape law.
        Street children were pervasive in urban areas, although there were
    no official statistics. Many were forced to beg in mosques and markets.
        Guinea is not a party to the 1980 Hague Convention on the Civil
    Aspects of International Child Abduction. For information on
    international parental child abduction, please see the Department of
    State's annual report on compliance at http://travel.state.gov/
    abduction/resources/congressreport/congressreport--4308.html.

        Anti-Semitism.--The Jewish community is very small, and there were
    no reports of anti-Semitic acts.

        Trafficking in Persons.--For information on trafficking in persons,
    please see the Department of State's annual Trafficking in Persons
    Report at www.state.gov/g/tip.

        Persons With Disabilities.--The law does not prohibit
    discrimination against persons with disabilities in employment,
    education, access to health care, or in the provision of other state
    services. There were no official reports of societal or governmental
    discrimination against persons with disabilities. The transition
    government had not mandated accessibility for persons with
    disabilities, and buildings and vehicles remained inaccessible. Few
    persons with disabilities worked in the formal sector; some worked in
    the informal sector in small family businesses, and many lived by
    begging on the streets. The Ministry of Social Affairs is responsible
    for protecting the rights of persons with disabilities, but it was
    ineffective.

        National/Racial/Ethnic Minorities.--The country's population was
    ethnically diverse, with three main ethnic groups and several smaller
    ethnic groups identifying with specific regions. Three major
    ethnicities form the majority of the population: the Soussou in Lower
    Guinea, the Peuhl in Middle Guinea, and the Malinke in Upper Guinea.
    There were smaller ethnic groups throughout the country. Conakry, other
    large urban areas such as Kankan, and the Forest Region were ethnically
    heterogeneous.
        While the law prohibits racial or ethnic discrimination, ethnic
    identification was strong. Mutual suspicion, both inside and outside
    the transitional government, affected relations across ethnic lines.
    Widespread societal ethnic discrimination by members of all major
    ethnic groups was evident in private-sector hiring patterns, in the
    ethnic segregation of urban neighborhoods, and in the relatively low
    levels of interethnic marriage. Political campaigns capitalized on
    ethnic divisions, and divisive ethnic rhetoric spurred civilian clashes
    in N'Zerekore, Coyah, and Conakry that resulted in the deaths of at
    least seven persons during the year. The transition government and the
    CNT implemented several sensitization programs throughout the year to
    highlight the importance of peace and unity among ethnic groups. It
    also held conferences and purchased radio and television programming to
    combat ethnic tensions and to encourage political leaders to avoid
    using divisive ethnic rhetoric.

        Societal Abuses, Discrimination, and Acts of Violence Based on
    Sexual Orientation and Gender Identity.--There were no laws
    criminalizing sexual orientation, although there were deep social,
    religious, and cultural taboos against homosexual conduct. There were
    no official or NGO reports of discrimination against individuals based
    on their sexual orientation. However, during the opening of the UN
    Human Rights office in Conakry, the prime minister announced his belief
    that homosexuality is wrong and should be forbidden by law. He also
    said that sexual orientation should not be regarded as a basic human
    right. There were no lesbian, gay, bisexual, or transgender
    organizations active during the year, but there were no legal
    impediments to the operation of such groups.

        Other Societal Discrimination.--National organizations worked to
    end the stigma associated with HIV/AIDS. Most victims of stigmatization
    were women, who were frequently abandoned by their families after their
    husbands died of AIDS.
        Doctors and health workers routinely disregarded medical
    confidentiality standards resulting in widespread distrust of testing.
    Section 7. Worker Rights

        a. The Right of Association.--The law and constitution provide for
    the right of employees, except for military and paramilitary personnel,
    to form and join independent labor unions, and the transitional
    government enforced this right. The labor code requires elected worker
    representatives for any enterprise employing 25 or more salaried
    workers. Although labor statistics were inadequate, at least 167,000
    workers were reportedly unionized.
        The law grants salaried workers, including public sector civilian
    employees, the right to strike 10 days after their representative union
    makes known its intention to strike, and workers exercised this right a
    few times over the year. By law arbitration is by consensus and
    executed through the Office of the Inspector General of Work within the
    Ministry of Labor. In practice, however, employers could impose binding
    arbitration. The law prohibits strikes in essential services, including
    hospitals, police, the military, transport, radio and television, and
    communications.
        Unlike in the previous year, the transitional government did not
    break up strikes during the year. No investigation was made into the
    violent dispersal of a June 2008 police strike, which resulted in the
    deaths of 14 police officers.

        b. The Right to Organize and Bargain Collectively.--The law
    provides that representative workers' unions or union groups may
    organize in the workplace and negotiate with employers or employer
    organizations, and workers exercised this right in practice. The law
    protects the right to bargain collectively for wages and salaries
    without government interference. Employers established rules and hours
    of work in consultation with union delegates, and this law was
    generally respected in practice.
        There were no reports of antiunion discrimination during the year.
    Employers generally did not interfere in or prohibit labor union
    activities. There were no reports of workers being fired because of
    labor activity. During a strike in March at a mining company's alumina
    refinery in Fria, the transition government sent protective forces to
    the area to ensure workers' ability to strike and also to protect the
    refinery workers who chose to report to work despite the strike.
        There were no export processing zones.

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

        d. Prohibition of Child Labor and Minimum Age for Employment.--The
    law prohibits child labor and the exploitation of vulnerable persons
    for unpaid or underpaid labor; however, child labor was a serious
    problem. Violators of child labor laws face penalties between six
    months to five years in prison and fines between 50,000 to 382,500
    Guinea francs ($11 to $82); however, the Government did not enforce the
    law.
        The minimum age for employment is 16 years, although apprentices
    may start to work at 14 years of age. Workers and apprentices under the
    age of 18 are not permitted to work at night, for more than 10
    consecutive hours, for more than 12 consecutive days, or on Sundays.
    The Ministry of Labor maintained a list of occupations in which women
    and youth under the age of 18 cannot be employed; however, enforcement
    was limited to large firms in the modern sector of the economy.
        Child labor occurred most frequently in the informal sectors of
    subsistence farming, small-scale commerce, and mining. Many children
    were exploited as domestics in the urban sector, as miners, or as farm
    or plantation workers. A 2007 HRW report stated that tens of thousands
    of girls worked as domestics, many of them for up to 18 hours a day
    with little or no compensation. Some girls allegedly suffered beatings,
    sexual harassment, and rape. Family members or employers allegedly
    forced some to prostitute themselves to earn enough money to survive.
    The transition government did not take action when prostitution of
    minors was brought to its attention, and it did not monitor child or
    adult prostitution.
        According to both official and NGO sources, many children between
    the ages of five and 16 worked 10 to 15 hours a day in the diamond and
    gold mines for minimal compensation and little food. Child laborers
    extracted, transported, and cleaned the minerals. Children were
    described as living in extreme conditions without access to water or
    electricity and exposed to constant threat of disease and sickness.
    According to NGOs, the children did not attend school and reportedly
    were prevented from contacting their parents. A 2006 study by the NGO
    AGRAAD reported that 45 percent of workers at the Dandano gold mine
    were children ranging in age from seven to 16, approximately 30 percent
    of whom were working with an adult relative in the mine.
        Many young Muslim children sent to live with a Koranic teacher
    (marabout) for instruction in Arabic and the Qur'an worked for the
    teacher as payment. Rural families often sent children to Conakry to
    live with family members while they attended school. If the host family
    was unwilling or unable to pay school fees, the children sold water or
    shined shoes on the streets, and the host family took the money in
    exchange for their room and board or simply used the child as a cheap
    source of domestic labor.
        Although statistical data was unavailable, there were reports that
    children were sold into exploitative labor through child trafficking.
        The Ministry of Labor is responsible for enforcing child labor
    laws, but it conducted no child labor inspections or investigations and
    prosecuted no court cases during the year.
        The Government continued a public ad campaign against child labor
    throughout the country.

        e. Acceptable Conditions of Work.--The labor code allows the
    transitional government to set a minimum hourly wage enforced by the
    Ministry of Labor; however, the Government neither exercised this
    provision nor promoted a standard wage. Prevailing wages routinely did
    not provide a decent standard of living for a worker and family.
        The law mandates that regular work should not exceed 10-hour days
    or 48-hour weeks, and it mandates a period of at least 24 consecutive
    hours of rest each week, usually on Sunday. Every salaried worker has
    the legal right to an annual paid vacation, accumulated at the rate of
    at least two workdays per month of work. There also are provisions in
    the law for overtime and night wages, which are fixed percentages of
    the regular wage. In practice authorities rarely monitored work
    practices or enforced these rules.
        Teachers' wages were extremely low, and teachers sometimes went six
    months or more without pay. Salary arrears were not paid, and some
    teachers lived in abject poverty.
        The law contains general provisions regarding occupational safety
    and health, but the Government did not establish a set of practical
    workplace health and safety standards. Moreover, it did not issue any
    orders laying out the specific safety requirements for certain
    occupations or for certain methods of work that are called for in the
    labor code. The Ministry of Labor is responsible for enforcing labor
    standards, and its inspectors are empowered to suspend work immediately
    in situations hazardous to health; however, enforcement efforts were
    sporadic.
        All workers, including foreign and migrant ones, have the right to
    refuse to work in unsafe conditions without penalty; however, many
    workers feared retaliation and did not exercise this right.

                                   __________

                                 GUINEA-BISSAU

        Guinea-Bissau* is a multiparty republic with a population of
    approximately 1.7 million. In July 2009 Malam Bacai Sanha of the
    African Party for the Independence of Guinea and Cape Verde (PAIGC) was
    elected president in elections following the assassination of former
    president Joao Bernardo Vieira by the military. International observers
    declared the holding of the 2009 presidential elections to be free and
    fair despite election-related violence preceding the polls. As in the
    previous year, there were multiple instances in which elements of the
    security forces acted independently of civilian control.
        Human rights abuses included beatings and torture; poor conditions
    of detention; arbitrary arrest and detention; lack of judicial
    independence and due process; interference with privacy; intimidation
    of journalists; widespread official corruption, exacerbated by
    government officials' impunity and suspected involvement in drug
    trafficking; violence and discrimination against women; female genital
    mutilation (FGM); child trafficking; and child labor, including some
    forced labor.
                            respect for human rights
    Section 1. Respect for the Integrity of the Person, Including Freedom
            From:

        a. Arbitrary or Unlawful Deprivation of Life.--Unlike the previous
    year, there were no reports that the Government or its agents committed
    arbitrary or unlawful killings, including killings that were
    politically motivated.
        There were no developments in the cases of the 2009 killings of
    former president Vieira and former armed forces chief of staff General
    Jose Batista Tagme Na Waie. In March 2009, Na Waie was killed by a bomb
    outside his office in military headquarters. Following Na Waie's
    assassination, soldiers under the command of Colonel Antonio Indjai
    tortured and then hacked Vieira to death with machetes in what was
    widely considered retaliation for the killing of Na Waie. Observers
    noted that the longstanding tension between Vieira and Na Waie had
    increased due to Na Waie's 2008 accusation that Vieira was involved in
    the drug trade. It was unclear whether the killings were linked to the
    growing cocaine trade through West Africa, but Vieira and senior
    military officers had been accused of profiting from it. The national
    commission of inquiry, established in 2009 to investigate the killings,
    did not identify or charge anyone during the year.
        There were no developments in the case of former national assembly
    deputy Helder Proenca, whom military personnel beat, shot, and killed,
    along with his bodyguard and driver, in June 2009 on the outskirts of
    Bissau. Proenca, who had been accused of plotting to overthrow the
    Government on June 5 by Colonel Samba Djalo, chief of the Military
    Information and Security Service, reportedly was killed while resisting
    arrest. In November 2009 the state attorney general filed a criminal
    complaint against Djalo; however, the case remained pending at year's
    end.
        No perpetrators had been identified or punished by year's end for
    the June 2009 death of former presidential candidate and assemblyman
    Baciro Dabo. Soldiers shot and killed Dabo after accusing him of
    plotting with Proenca to overthrow the Government.
        There were no developments in the 2008 killing of a judicial police
    officer by security forces.
        During the year Alexandre Tchama Yala, the suspected leader of a
    2008 coup attempt in which two presidential guards were killed,
    remained at large following his 2009 escape from detention.
        Unlike in 2009, there were no reported injuries or deaths as a
    result of unexploded ordinance during the year.

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

        c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
    Punishment.--The constitution and law prohibit such practices; however,
    armed forces and police did not always respect this prohibition. The
    Government did not punish members of the security forces who committed
    such abuses.
        During his brief detention on April 1 (see section 1.d.), Prime
    Minister Carlos Gomes was robbed, beaten, and reportedly pistol-whipped
    by soldiers loyal to then deputy armed forces chief of staff Antonio
    Indjai. Gomes was released after several hours.
        In July a civilian named Fernando Te was reportedly tortured to
    death while in custody at the 5th Esquadra police station. At year's
    end, an investigation was ongoing with no individuals identified or
    charged with his death.
        During the year no military personnel were identified or charged
    for the reported torture of former president Vieira before his death
    (see section 1.a.).
        No action was taken during the year against those responsible for
    the torture and abuse of lawyer Pedro Infanda, whom military personnel
    reportedly beat and tortured for four days and then denied medical
    treatment prior to his release. Infanda had stated in a March 2009
    press conference that the appointment of Jose Zamora Induta as armed
    forces chief of staff following Na Waie's death was not in accordance
    with the proper order of succession.
        No action was taken during the year against soldiers who beat
    former prime minister Francisco Jose Fadul during his June 2009
    detention at armed forces headquarters.
        There were no developments in the case of journalist Mario de
    Oliveira, who was verbally abused and beaten in October 2009 during his
    detention following a Donos da Bola newspaper publication of an
    interview with the minister of the interior, Major Samba Djalo.

        Prison and Detention Center Conditions.--In December the Ministry
    of Justice, with the assistance of the UN Office on Drugs and Crime,
    completed construction of the country's first secure prison facilities
    in the towns of Bafata and Mansoa. The prisons have a total capacity
    for 90 prisoners, including cells for up to six women in Mansoa and
    eight in Bafata. The prisons have electricity and potable water. No
    inmates were transferred to the new prisons by the end of the year due
    to a lack of equipment.
        The Government continued to detain most prisoners in makeshift
    detention facilities at the Judicial Police headquarters, on military
    bases, in Bissau, and neighboring towns. Conditions of confinement were
    poor. Detention facilities generally lacked secure cells, running
    water, and adequate sanitation. Detainees' diets were poor and medical
    care was virtually nonexistent. Pretrial detainees were held together
    with convicted prisoners, and juveniles were held with adults.
        The Government permitted some independent monitoring of detention
    conditions by local and international human rights groups. During the
    year representatives from the UN Peacebuilding Support Office in
    Guinea-Bissau (UNOGBIS) and the International Committee of the Red
    Cross (ICRC) conducted visits. The Government also permitted visits to
    detention locations by the Human Rights League of Guinea-Bissau (LGDH).
    The Government required advance scheduling of visits and did not permit
    regular repeat visits.
        Following his April 1 detention (see section 1.d.), former armed
    forces chief of staff Jose Zamora Induta was reportedly in poor health
    and was denied access to medical treatment at the military barracks in
    Mansoa. Induta was allowed to receive visitors, including diplomatic
    representatives and UNOGBIS and ICRC representatives, but not without
    third parties present.

        d. Arbitrary Arrest or Detention.--The constitution and law
    prohibit arbitrary arrest and detention, and the Government generally
    observed these prohibitions; however, security forces arbitrarily
    arrested persons and were involved in settling personal disputes,
    sometimes detaining persons upon request without full due process.

        Role of the Police and Security Apparatus.--The country is divided
    into 37 police districts, and there were an estimated 3,500 police
    personnel in nine different police forces reporting to seven different
    ministries. The approximately 100 officers of the Judicial Police,
    under the Ministry of Justice, have primary responsibility for
    investigating drug trafficking, terrorism, and other transnational
    crime, while the 1,300 members of the Public Order Police, under the
    Ministry of Interior, are responsible for preventive patrols, crowd
    control, and conventional maintenance of law and order. Other police
    forces include the State Information Service, the Border Service, the
    Rapid Intervention Force, and the Maritime Police.
        Police were generally ineffective, poorly and irregularly paid, and
    corrupt. They could not afford fuel for the few vehicles they had, and
    there was a severe lack of training.
        During the year the Director General of the Judicial Police
    received formal police training in Ghana facilitated by the Economic
    Community of West African States. Also, in preparation for the opening
    of the new prisons in Mansoa and Bafata, a group of 78 prison guards
    and five directors completed a ten-week basic training course led by
    the Portuguese Ministry of Justice and UNODC. The training included
    instruction in prison management and contained a human rights module.
        Transit police were particularly corrupt and demanded bribes from
    vehicle drivers, whether their documents and vehicles were in order or
    not. Impunity was a problem. Corruption and a lack of police detention
    facilities and vehicles frequently resulted in prisoners simply walking
    out of custody in the middle of investigations. The attorney general
    was responsible for investigating police abuses; however, employees of
    the attorney general were also poorly paid and susceptible to threats,
    corruption and coercion.
        According to the constitution, the armed forces are responsible for
    external security and can be called upon to assist the police in
    internal emergencies.
        During a military mutiny on April 1, the former navy chief of
    staff, Jose Americo Bubo Na Tchuto and soldiers loyal to then deputy
    armed forces chief Antonio Indjai beat, robbed, and detained Prime
    Minister Carlos Gomes, armed forces chief of staff Jose Zamora Induta,
    and other military personnel. Gomes was released several hours later
    and departed the country on April 23 to receive medical treatment
    abroad. He returned in June. Induta remained in detention without
    charge until December 23.
        During the mutiny, soldiers also released several officials being
    held on charges of embezzling government funds; however, the officials
    were suspended from their jobs, and charges against them were pending
    at year's end.
        On July 6, a group of soldiers assaulted several police officers,
    including at least two women, near the parliament building. According
    to media reports, the incident occurred following a dispute between a
    relative of recently appointed armed forces chief of staff Indjai and a
    traffic police officer. No soldiers were charged or punished for the
    assault by year's end.

        Arrest Procedures and Treatment While in Detention.--The law
    requires arrest warrants, although warrantless arrests often occurred.
    The law requires that detainees be brought before a magistrate within
    48 hours after arrest and that prisoners be released if no timely
    indictment is filed; however, authorities did not always respect these
    rights in practice. In general, detainees were informed promptly of
    charges against them, but some military detentions involved no
    notification of charges. The law provides for the right to counsel and
    to counsel at state expense for indigent clients; however, lawyers did
    not receive compensation for their part-time public defense work and
    often ignored state directives to represent indigent clients. There was
    a functioning bail system, and pretrial detainees were allowed prompt
    access to family members.
        At times authorities arrested criminal suspects, particularly
    immigrants, without warrants.
        No actions were taken against military personnel who illegally
    arrested and beat Pedro Infanda in March 2009 (see section 1.c.).
        No actions were taken against soldiers who illegally arrested and
    beat Francisco Jose Fadul, the former president prime minister and
    former chief justice of the Audit Court (see section 1.c.).
        The vast majority of the prison population consisted of detainees
    awaiting the conclusion of their trials; however, few detainees
    remained in custody for longer than one year. Most left detention
    before the conclusion of their trials as a result of inadequate
    detention facilities, lack of security, and rampant corruption. The few
    prisoners who were convicted seldom remained in custody for more than
    two years. Prisoners remanded to their homes due to space constraints
    in detention facilities often failed to return to prison.

        e. Denial of Fair Public Trial.--The constitution and law provide
    for an independent judiciary; however, the largely nonfunctional
    judicial branch had little independence. Judges were poorly trained,
    inadequately and irregularly paid, and subject to corruption. Courts
    and judicial authorities were also frequently accused of bias and
    passivity, according to a 2008 report published by the International
    Federation for Human Rights. The attorney general had little protection
    from political pressure since the president can independently replace
    the incumbent. Trials were often delayed by lack of materials or
    infrastructure, and convictions were extremely rare.
        In addition to the civil judicial structure, there is a military
    court. The Supreme Military Court is the final court of appeal for
    military cases. In theory, military courts do not try civilians;
    however, civilian courts try all cases involving state security, even
    if the accused are members of the military.
        Traditional systems of justice prevailed in most rural areas, and
    persons who lived in urban areas often brought judicial disputes to
    traditional counselors to avoid the costs and bureaucratic impediments
    of the official system. Police also often resolved disputes.

        Trial Procedures.--There is no trial by jury. For all citizens, the
    law provides for a presumption of innocence, the right to have timely
    access to an attorney, to question witnesses, to have access to
    evidence held by the Government, and to appeal. Trials in civilian
    courts are open to the public. Defendants have the right to be present
    and to present witnesses and evidence on their behalf. For those few
    defendants whose cases went to trial, these rights were respected in a
    majority of cases and despite the otherwise dysfunctional judiciary.
    Citizens who cannot afford an attorney have the right to a court-
    appointed lawyer; however, court-appointed attorneys received no
    compensation from the state for representing indigent clients, were not
    punished for failing to do so, and generally ignored such
    responsibilities.

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

        Civil Judicial Procedures and Remedies.--The judicial system
    handles civil as well as criminal matters, but it was neither
    independent nor impartial. There was no administrative mechanism to
    address human rights violations. Domestic court orders often were not
    enforced.

        f. Arbitrary Interference With Privacy, Family, Home, or
    Correspondence.--The constitution and law prohibit such actions, and
    the Government partially respected these prohibitions in practice.
    Police routinely ignored privacy rights and protections against
    unreasonable search and seizure.
    Section 2. Respect for Civil Liberties, Including:

        a. Freedom of Speech and Press.--The constitution and law provide
    for freedom of speech and of the press; however, the Government did not
    always respect these rights in practice. During the year security
    forces detained persons for exercising their right to free speech,
    particularly when they spoke out against military officials or
    arbitrary killings. Journalists practiced self-censorship.
        On May 14, the private daily newspaper Diary Bissau published an
    editorial entitled ``Guinea-Bissau is a Narco-state'' with photographs
    of former armed forces chief of staff Na Waie, former president Vieira,
    former deputy assembly leader Proenca, and former presidential
    candidate Dabo captioned ``victims of drug trafficking in Guinea-
    Bissau.'' Unknown assailants subsequently beat Joao de Barros, the
    director of the paper and former minister of media affairs under
    Vieira. In addition the paper's headquarters was ransacked and all
    publishing equipment destroyed. One man, Armando Correia Dias, was
    briefly detained but later released without charge. The investigation
    remained open at the end of the year.
        There were no developments in the case of Francisco Jose Fadul,
    former prime minister and chief justice of the Audit Court. Soldiers
    beat and stole possessions from Fadul following a March 2009 press
    conference in which he called on the Government to hold the armed
    forces responsible for corruption and other criminal activities.
        In addition to the Government-owned newspaper No Pintcha, several
    private newspapers published without restriction. All newspapers were
    published through the state-owned printing house. The national printing
    press often lacked raw materials, and salaries were not always paid,
    resulting in publication delays.
        There were several independent radio stations, a national radio
    station, and a national television station. International radio
    broadcasts could be received.
        Journalists reported receiving telephone threats and summons to
    government premises to explain their activities or statements, while
    others reported prolonged court proceedings that impeded their work.

        Internet Freedom.--There were no government restrictions on access
    to the Internet or reports that the Government monitored e-mail or
    Internet chat rooms. Individuals and groups engaged in the peaceful
    expression of views via the Internet, including by e-mail. Lack of
    infrastructure, equipment, and education severely limited access to the
    Internet.

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

        b. Freedom of Peaceful Assembly and Association.--Freedom of
    Assembly.--The constitution and law provide for freedom of assembly,
    and the Government usually respected this right in practice. Permits
    were required for all assemblies and demonstrations.
        Following the April 1 military mutiny, numerous citizens protested
    in Bissau against the detention of Prime Minister Gomes and Armed
    Forces Chief of Staff Induta in the streets of Bissau. Deputy Armed
    Forces Chief of Staff Antonio Indjai and former navy chief of staff Na
    Tchuto threatened to kill civilians and Gomes if the crowds did not
    disperse, but the threats were not carried out prior to Gomes' release.

        Freedom of Association.--The constitution and law provide for the
    right of association, and the Government generally respected this right
    in practice.

        c. Freedom of Religion.--For a complete description of religious
    freedom, please see the 2010 International Religious Freedom Report at
    www.state.gov/g/drl/irf/rpt.

        d. Freedom of Movement, Internally Displaced Persons, Protection of
    Refugees, and Stateless Persons.--The constitution and law provide for
    freedom of movement within the country, foreign travel, emigration, and
    repatriation, and the Government generally respected these rights in
    practice. The Government cooperated with the Office of the UN High
    Commissioner for Refugees and other humanitarian organizations in
    providing protection and assistance to internally displaced persons
    (IDPs), refugees, asylum seekers, stateless persons, and other persons
    of concern.
        The law did not specifically prohibit forced exile; however, the
    Government did not use it.

        Internally Displaced Persons (IDPs).--IDPs moved back and forth
    over the border with Senegal, depending on the status of the ongoing
    armed conflict in Senegal's Casamance region. With ethnic and family
    ties on both sides of the poorly marked border, the nationality of IDPs
    was not always clear.

        Protection of Refugees.--The country's laws provide for the
    granting of asylum or refugee status and the Government has established
    a system for providing protection to refugees. In practice, the
    Government provided protection against the expulsion or return of
    refugees to countries where their lives or freedom would be threatened.
    The Government did not grant refugee status or asylum during the year.
        There were no restrictions on refugees' ability to work provided
    they had a valid refugee card. Persons holding official refugee status
    were allowed access to public services, including education, health
    care, and land. The UNHCR opened an office in Bissau in February and
    facilitated the issuance of refugee cards. As in previous years, local
    communities in northern Guinea-Bissau lent land to long-term refugees
    from the Casamance region of southern Senegal, thus allowing the
    refugees to cultivate the land. Rather than utilizing local schools,
    most refugees sent children to nearby Senegalese schools in the
    Casamance, which were perceived as being higher quality.
    Section 3. Respect for Political Rights: The Right of Citizens to
            Change Their Government
        The constitution and law provide citizens with the right to
    peacefully change their government.

        Elections and Political Participation.--Following the March 2009
    military assassination of President Vieira, interim president Raimundo
    Pereira postponed the first round of the presidential election until
    June 2009, citing lack of resources, although the constitution provides
    that an election be held within 60 days of a president's death. The
    PAIGC candidate, Malam Bacai Sanha, won the June 2009 first round with
    39 percent of the vote, and the July 2009 second round with 63 percent.
        International observers characterized the polling process as free
    and fair.
        Formal membership in the dominant party conferred some informal
    advantages. The Balanta ethnic group, mainly through its predominance
    in the armed forces, controlled the political system.
        During the year the ruling PAIGC party attempted to restrict
    opposition political activity. Unlike previous years, the political
    opposition was not subjected to overt violence such as torture or
    killings.
        The 98-member National Assembly had 10 female members. The Supreme
    Court president, three of the 19 government ministers, and one of nine
    state secretaries were also women.
        All ethnic groups were represented in the Government. The minority
    Balanta group dominated the army.
    Section 4. Official Corruption and Government Transparency
        The law provides criminal penalties of one month to 10 years in
    prison for official corruption. However the Government did not
    implement the law effectively, and officials frequently engaged in
    corrupt practices with impunity.
        Official corruption and lack of transparency were endemic at all
    levels of government. The World Bank's Worldwide Governance Indicators
    reflected that corruption was a severe problem. Members of the military
    and civilian administration reportedly trafficked in drugs and assisted
    international drug cartels by providing access to the country and its
    transportation infrastructure. Customs officers frequently accepted
    bribes not to collect import duties, which greatly reduced government
    revenues. The largely nonfunctional and corrupt judiciary was unable
    and unwilling to enforce the law and investigate corruption cases.
    Unlike the previous year, there were no new investigations of
    corruption by the attorney general.
        During the year the Government imprisoned and charged officials
    with collecting salary payments of former and deceased government
    employees, but soldiers released the officials during the April 1
    mutiny. The officials remained free at the end of the year, although
    the charges against them were pending in court.
        On June 25, deputy armed forces chief of staff Antonio Indjai was
    promoted to armed forces chief of staff, despite having led the April 1
    mutiny in which Prime Minister Gomes and former armed forces chief of
    staff Induta were illegally detained (see Section 1.d.).
        On October 15, former treasury secretary Maria Paula Costa was
    found guilty of fraud and negligence. He was sentenced to three years
    in prison and fined 3.5 million CFA ($7,000). The charges stemmed from
    a 2006 case in which forged signatures were used to steal 75 million
    CFA ($150,000) from the treasury.
        According to media reports, the head of the country's football
    federation remained free at year's end despite receiving a three-year
    prison sentence in 2009 for stealing millions of CFA from the
    federation that had been intended to build the organization's local
    headquarters.
        Unlike the previous year, no officials were arrested or charged for
    embezzlement.
        According to a 2008 UN report on the country and the activities of
    the UN Peacebuilding Support Office, the country was rapidly moving
    from being a transit hub to a major market place in the drug trade.
    According to the UNODC, the volume of drugs transiting the country
    increased during the year. The failure to interdict or investigate
    suspected narcotics traffickers contributed to the perception of
    government and military involvement in narcotics trafficking.
        Systemic failure to act throughout the police, military, and
    judiciary resulted in the absence of prosecutions of drug traffickers.
    Drug traffickers usually had official protection at some level. The
    Judicial Police had no resources to conduct investigations, limited
    ability to detain suspects, and no means of transporting detainees to
    court. Judges and guards were highly susceptible to corruption and
    often released suspected traffickers who subsequently disappeared.
    Judicial officials who displayed independence, resisted corruption, or
    attempted to investigate or prosecute narcotics traffickers were
    threatened.
        On October 8, former navy chief of staff Na Tchuto was reappointed
    to his old position, despite being involved in the April 1 mutiny (see
    section 1.d.) and his known involvement in narcotics trafficking.
        There were no developments in the 2008 case of the military's
    protection of the crew of an airplane impounded at Bissau airport and
    the off-loading of a suspected shipment of cocaine.
        Public officials are legally required to disclose their personal
    finances before the Court of Audits, but the court's authority was
    weak. No public officials disclosed their personal finances during the
    year.
        As in the previous year, the National Assembly's anticorruption
    committee was inactive.
        The law provides that ``everyone has the right to information and
    judicial protection''; however, such access was seldom provided.
    Section 5. Governmental Attitude Regarding International and
            Nongovernmental Investigation of Alleged Violations of Human
            Rights
        A number of domestic and international human rights groups
    generally operated without government restriction, investigating and
    publishing their findings on human rights cases. Government officials
    were somewhat cooperative and responsive to their views.
        There were reports that NGO workers were harassed during the year.
    For example, in June the president of the Bissau Civil Society Movement
    reported receiving death threats following a press conference in which
    the organization noted problems between the president and prime
    minister and the ``insubordination'' of the military to civilian
    authorities and expressed uncertainty about the future of the
    Government.
        There were no developments in the case of Luis Vas Martins,
    president of the LGDH, who reported in April 2009 that an armed man
    came to his office and threatened to kill him due to an LGDH statement
    condemning the beating of Francisco Jose Fadul (see section 1.c.).
        The Government permitted visits by UN representatives, including
    UNOGBIS personnel and the ICRC.
        There was no government response by year's end to the October 2009
    UN Report of the Secretary-General on Developments in Guinea-Bissau and
    on the Activities of the United Nations, which was critical of the
    country's human rights record.
    Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
        The law prohibits discrimination but does not designate the bases
    of discrimination; the Government did not enforce prohibitions against
    discrimination.

        Women.--The law prohibits rape, including spousal rape, but
    government enforcement was limited. Based on anecdotal evidence, rape
    was not a frequent problem. The law only permits prosecution of rape
    when the victim has reported it, which observers noted was rare due to
    the cultural stigmatization of rape victims. This problem was
    exacerbated in the Muslim eastern regions of Gabu and Bafata, where a
    cultural practice known as ``djokorenda'' dictated that the issue be
    resolved at home within a family. There were no statistics available on
    the number of abusers who were prosecuted, convicted, or punished for
    rape.
        Domestic violence, including wife beating, was an accepted means of
    settling domestic disputes and was reportedly widespread. There is no
    law that prohibits domestic violence, and politicians reportedly were
    reluctant to address the subject for fear of alienating more
    traditional voters or particular ethnic groups. Although police
    intervened in domestic disputes if requested, the Government did not
    undertake specific measures to counter social pressure against
    reporting domestic violence, rape, incest, and other mistreatment of
    women.
        There is no law prohibiting sexual harassment and it was a problem.
        Couples and individuals have the right to decide freely and
    responsibly the number, spacing, and timing of their children and to
    have the information and means to do so free from discrimination,
    coercion, and violence. There is access to birth control and limited
    access to HIV testing. Women and men were equally diagnosed and treated
    for sexually transmitted infections, including HIV. The UN Population
    Fund reported that 98 of 114 health centers offered family planning
    services and that approximately 10 percent of women used contraception.
    The Catholic Church and other religious groups discouraged condom use,
    which also was not widespread due to lack of education. According to
    the most recent data available from the UN Population Fund, 78 percent
    of women were attended to by a skilled health provider during
    pregnancy; however, only 39 percent of live births were attended by a
    skilled health worker. Estimates for the maternal mortality rate ranged
    from 800 to 1,100 per 100,000 live births.
        The law treats men and women equally and prohibits discrimination;
    however, discrimination against women was a problem, particularly in
    rural areas where traditional and Islamic laws were dominant. Women
    were responsible for most work on subsistence farms and had limited
    access to education like the majority of citizens, especially in rural
    areas. Women did not have equal access to employment. Among certain
    ethnic groups, women cannot manage land or inherit property. Although
    no data was available, women reportedly experienced discrimination in
    employment, pay for similar work, and owning a business.

        Children.--Citizenship is derived by birth within the country and
    from one's parents. Child registration does not occur automatically at
    hospitals. Parents must register their child's birth with a notary. The
    Government conducts yearly campaigns to register children in the
    countryside. Lack of registration resulted in the denial of education,
    since school registration requires a birth certificate. Lack of
    registration did not result in the denial of health services.
        Public schooling was free and universal through high school. In
    March the national assembly passed a law increasing compulsory
    attendance from the sixth grade to the ninth grade and lowering the
    enrollment age from seven years to six. The gap of enrollment rates
    between girls and boys was fairly small: 65.4 percent for girls and
    69.3 percent for boys. Teachers were poorly trained and paid. Schools
    closed twice during the year due to strikes by teachers protesting
    nonpayment of salaries.
        Children often were required to help their families in the fields,
    which conflicted with schooling. In general there was no difference in
    the treatment and attendance of boys and girls, but Islamic schools
    banned girls from attending.
        Violence against children was widespread, but was seldom reported
    to the authorities.
        During the year an 85-year-old man in Gabu was charged with
    sexually abusing two of his granddaughters, aged 15 and 16, which
    resulted in their pregnancies. His trial had not begun by year's end.
        There is no law prohibiting FGM, and certain ethnic groups,
    especially the Fulas and the Mandinkas, practiced it, not only on
    adolescent girls but also on babies as young as four months. There was
    no government effort to combat FGM during the year, but NGOs worked to
    limit the practice. In June there was one reported death of a baby girl
    in Bissau due to the practice.
        Child marriage occurred among all ethnic groups, but no reliable
    data existed to quantify the problem. Girls who fled arranged marriages
    often were forced into prostitution to support themselves. The practice
    of buying and selling child brides also reportedly occurred on
    occasion. Local NGOs worked to protect the rights of women and children
    and operated programs to fight child marriage and protect the victims
    of child marriage. Observers noted during the year that NGO efforts to
    enroll more girls in school had a negative side effect on child
    marriages: more girls were forced to marry at a younger age because
    parents feared the social opportunities of school would increase the
    risk of their daughters losing their virginity before marriage.
        There are no explicit penalties for child prostitution, but there
    is a statutory rape law against having sex with a person less than 16
    years old. The rape law carries a penalty of two to six years in
    prison. There is no law against child pornography.
        The Child Protection Office of the Bissau Police Department
    estimated that approximately 1,000 children were living on the streets
    of Bissau, with a growing number of boys engaged in gangs and petty
    crime. The Government provided no services to street children.
        The country is not a party to the 1980 Hague Convention on the
    Civil Aspects of International Child Abduction. For information on
    international parental child abduction, please see the Department of
    State's annual report on compliance at at http://travel.state.gov/
    abduction/resources/congressreport/congressreport--4308.html.

        Anti-Semitism.--There were no reports of anti-Semitism.

        Trafficking in Persons.--For information on trafficking in persons,
    please see the Department of State's annual Trafficking in Persons
    Report at www.state.gov/g/tip.

        Persons With Disabilities.--The law does not specifically prohibit
    discrimination against persons with disabilities, mandate building
    access for them, or provide for equal access to employment and
    education. There were no government efforts to mitigate discrimination
    against persons with disabilities or ensure their access to buildings
    or streets. However, there were no reports of overt societal
    discrimination. The Government made some efforts to assist military
    veterans with disabilities through pension programs, but these programs
    did not adequately address health, housing, or food needs.

        Societal Abuses, Discrimination, and Acts of Violence Based on
    Sexual Orientation and Gender Identity.--There are no laws that
    criminalize sexual orientation; however, social taboos against
    homosexuality restricted freedom of sexual orientation. There were no
    reported violent incidents or human rights abuses targeting individuals
    based on their sexual orientation or identity. There was no official
    discrimination based on sexual orientation or gender identity in
    employment or access to education and health care. However, the law
    only recognized heterosexual married couples as entitled to larger
    government housing.

        Other Societal Violence and Discrimination.--There was open
    discussion of HIV/AIDS and no societal violence or discrimination
    against persons with HIV/AIDS.
    Section 7. Worker Rights

        a. The Right of Association.--The law provides all workers with the
    freedom to form and join independent trade unions without previous
    authorization or excessive requirements, and workers exercised this
    right in practice.
        Most of the population, 90 percent, worked in the agricultural
    sector. Other employment sectors included fisheries and extractive
    industries. A significant majority of the population worked in
    subsistence agriculture, and only a small percentage of workers were in
    the wage sector and organized. Approximately 85 percent of union
    members were government or parastatal employees who belonged primarily
    to independent unions. Further statistics pertaining to the country's
    workforce were unavailable.
        The law allows unions to conduct their activities without
    government interference; trade union delegates are protected under
    union laws, while laborers' rights to free speech and assembly are
    protected by the constitution. However, only trade union delegates are
    protected against antiunion discrimination, with limited sanctions.
        The law provides for the right to strike, but the Government did
    not always protect this right. The only legal restriction on strike
    activity was a prior notice requirement. The law also prohibits
    retaliation against strikers.
        Unlike the previous year, there were no reports that security
    personnel forcibly dispersed legal strike participants.

        b. The Right to Organize and Bargain Collectively.--The law does
    not provide for or protect the right to bargain collectively; however,
    the tripartite National Council for Social Consultation conducted
    collective consultations on salary issues. Most wages were established
    in bilateral negotiations between workers and employers.
        The law does not prohibit employer antiunion discrimination against
    workers; however, no workers alleged antiunion discrimination during
    the year, and the practice was not believed to be widespread.
        There are no export processing zones.

        c. Prohibition of Forced or Compulsory Labor.--The law prohibits
    forced or compulsory labor, including by children, but there were
    reports that such practices occurred. Boys were routinely sent abroad
    (often to Senegal) to receive religious education, but then often were
    forced by their marabouts (Koranic teachers) to beg in the streets and
    were subjected to harsh treatment. Some observers believed girls were
    also subjected to forced domestic labor within country or in Senegal.
        Also see the Department of State's annual Trafficking in Persons
    Report at www.state.gov/g/tip.

        d. Prohibition of Child Labor and Minimum Age for Employment.--
    There are no specific laws that protect children from exploitation in
    the workplace, and child labor occurred. The legal minimum age is 14
    for general factory labor and 18 for heavy or dangerous labor,
    including labor in mines. Minors are prohibited from working overtime.
    The small formal sector generally adhered to these minimum age
    requirements; however, the Ministry of Justice and the Ministry of
    Civil Service and Labor did not enforce these requirements in informal
    work settings.
        Most child labor occurred in the informal sector. As in previous
    years, types of forced child labor included domestic servitude, shoe
    shining, and selling food in urban streets. Children in rural
    communities performed domestic and fieldwork without pay to help
    support their families or because of a lack of educational
    opportunities. Some children were partially or completely withdrawn
    from school to work in the fields during the annual cashew harvest. The
    Government had not taken action to combat such practices by year's end.
        The Institute of Women and Children and the ministries of labor and
    justice are responsible for protecting children from labor
    exploitation; however, there was no effective enforcement. The
    Government took little action to prevent child labor during the year.
    The local NGO Association of the Friends of Children (AMIC), in
    collaboration with the NGO International Cooperation and Development,
    succeeded in rescuing approximately 48 child workers. AMIC estimated
    that approximately 50 children per month returned home of their own
    volition. The NGO Network of Youth was also involved in removing child
    workers.
        Also see the Department of State's annual Trafficking in Persons
    Report at www.state.gov/g/tip.

        e. Acceptable Conditions of Work.--The Council of Ministers
    annually establishes minimum wage rates for all categories of work, but
    it did not enforce them. The lowest monthly wage was approximately
    19,030 CFA ($38) per month plus a bag of rice. This wage did not
    provide a decent standard of living for a worker and family, and
    workers had to supplement their incomes through other work, reliance on
    the extended family, and subsistence agriculture.
        Unlike in the previous year, the Government paid back wages and
    kept current on civil servant salaries.
        The law provides for a maximum 45-hour workweek; however, many
    employees were forced to work longer hours. The law also provides for
    overtime pay, as long as overtime does not exceed 200 hours per year,
    and a mandatory 12-hour rest period between workdays; however, these
    provisions were not enforced.
        With the cooperation of the unions, the Ministries of Justice and
    Labor establish legal health and safety standards for workers, which
    the national assembly then adopts into law; however, these standards
    were not enforced, and many persons worked under conditions that
    endangered their health and safety. Workers, including foreign workers,
    do not have the right to remove themselves from unsafe working
    conditions without losing their jobs.
        *In 1998 the U.S. Embassy suspended operations in the midst of
    heavy fighting during a civil war in Guinea-Bissau, and all official
    personnel in the country were evacuated. This report is based on
    information obtained from U.S. embassies in neighboring countries,
    especially Senegal, from other independent sources, and from regular
    visits by diplomatic personnel to Guinea-Bissau.

                                   __________

                                     KENYA

        Kenya is a republic with a population of approximately 40 million.
    It currently has a strong president and a prime minister with unclearly
    defined executive powers. There is a unicameral national assembly. In
    2007 the Government held local, parliamentary, and presidential
    elections. Observers judged the parliamentary and local elections to be
    generally free and fair. In the presidential election, the incumbent,
    President Mwai Kibaki, was proclaimed the winner by a narrow margin
    under controversial circumstances. Serious irregularities undermined
    the integrity of the presidential election results. Raila Odinga, the
    main opposition candidate, disputed the results, and violence erupted
    in sections of Nairobi and opposition strongholds in Nyanza, Rift
    Valley, and Coast provinces; approximately 1,133 persons were killed
    and more than 350,000 displaced between December 2007 and February
    2008. The violence ended in February 2008 when, as the result of an
    international mediation process, the two sides agreed to form a
    coalition government. Under the terms of the agreement, incumbent
    Kibaki retained his office, and Odinga was appointed to a newly created
    prime ministerial position. The parties also agreed to undertake a
    series of constitutional, electoral, and land reforms to address
    underlying causes of the crisis. On August 4, citizens approved a new
    constitution in a national referendum, widely considered to be free and
    fair. Some of its elements entered into force immediately, but full
    implementation was expected to take several years. It was expected that
    if fully implemented, it would result in significant changes to the
    Government's structure, including greater checks on executive power,
    the elimination of a prime minister, greater devolution of power to the
    counties, and creation of a second legislative chamber. There were
    instances in which elements of the security forces acted independently
    of civilian control.
        The following human rights problems were reported: abridgement of
    citizens' right to change their government in the last national
    election; unlawful killings, torture, rape, and use of excessive force
    by security forces; mob violence; police corruption and impunity; harsh
    and life-threatening prison conditions; arbitrary arrest and detention;
    arbitrary interference with the home and infringement on citizens'
    privacy; prolonged pretrial detention; executive influence on the
    judiciary and judicial corruption; restrictions on freedom of speech,
    press, and assembly; forced return and abuse of refugees, including
    killing and rape; official corruption; violence and discrimination
    against women; violence against children, including female genital
    mutilation (FGM); child prostitution; trafficking in persons;
    interethnic violence; discrimination based on ethnicity, sexual
    orientation, and HIV/AIDS status; lack of enforcement of workers'
    rights; forced and bonded labor; and child labor, including forced
    child labor.
                            respect for human rights
    Section 1. Respect for the Integrity of the Person, Including Freedom
            From:

        a. Arbitrary or Unlawful Deprivation of Life.--There were several
    reports that the Government or its agents committed arbitrary and
    unlawful killings, included politically motivated killings, during the
    year. The Government took only limited action in enforcing the law
    against security forces suspected of unlawfully killing citizens.
        On March 11, seven administration police executed seven taxi
    drivers in the Kawangware slums west of Nairobi. The seven men were
    arrested, appeared in court on March 31, and were charged on December
    11. A trial had not begun by year's end.
        In July, according to Amnesty International, a 74-year-old unarmed
    man was shot and killed by police after verbally protesting the beating
    of a woman during a forced evacuation of a Nairobi settlement. There
    were no developments in the case by year's end.
        In September administration police killed 14 persons and dumped
    their bodies in Kinale Forest. Police made no statement about the
    killings although there were reports that three of the victims were
    known criminals. Members of Parliament (MP) tasked the Minister of
    Security with issuing a report on the murders although no report had
    been produced by year's end.
        On November 6, a police officer shot and killed 10 persons,
    including two fellow officers, while allegedly looking for a woman who
    infected him with HIV. There were no developments in this case by
    year's end.
        In February 2009 Philip Alston, the UN special rapporteur on
    extrajudicial, summary, or arbitrary executions, released a report that
    found ``that police in Kenya frequently execute individuals and that a
    climate of impunity prevails.'' The rapporteur also reported ``the
    existence of police death squads operating on the orders of senior
    police officials and charged with eliminating suspected leaders and
    members of criminal organizations.'' The Government rejected the
    findings of the Alston report and filed a protest with the UN.
    According to media reports, however, the Ministry of Internal Security
    acknowledged in a February 2009 letter to the Kenya National Commission
    on Human Rights (KNCHR) that police had killed 308 youths in 2008.
        In 2008 the Government formed the Commission of Inquiry into
    Postelection Violence (CIPEV) as part of the internationally mediated
    political settlement. The CIPEV documented 405 gunshot deaths during
    the postelection period; it attributed the vast majority of these to
    police. The final CIPEV report recommended that the Government
    establish a special tribunal to investigate individuals suspected of
    such violence; however, no local tribunal was established, and the
    Government still had not systematically investigated or prosecuted
    individuals suspected of postelection violence through other means by
    year's end. However, on December 15, the chief prosecutor of the
    International Criminal Court (ICC) announced that he had asked a
    pretrial chamber to issue summonses for six Kenyan nationals on charges
    of crimes against humanity for their alleged role in the 2007-08
    postelection violence.
        In March 2009 unidentified gunmen, reportedly acting on orders from
    the former commissioner of police, shot and killed Oscar Kamau
    King'ara, the executive director of the local nongovernmental
    organization (NGO) Oscar Foundation Free Legal Aid Clinic Kenya
    (OFFLACK), and Paul Oulu, OFFLACK's program coordinator. In 2008
    OFFLACK reported that police were linked with the continued
    disappearance and deaths of suspected members of the banned Mungiki
    criminal organization. Police threatened and intimidated witnesses to
    the killings, and four witnesses went into exile. The prime minister
    requested international assistance to investigate the murders, but the
    minister for foreign affairs subsequently rejected such assistance. No
    credible investigation had been conducted by year's end, and none was
    expected.
        Security forces continued to claim that police must shoot to kill
    to defend themselves when confronted by armed suspects. For example, in
    September 2009, the media reported that the district commissioner for
    Murang'a East District issued a ``shoot to kill'' order against
    suspected Mungiki members, and in October 2009 a district commissioner
    in Marakwet announced a ``shoot to kill'' policy against suspected
    armed bandits. The policy first was enunciated in 2005 and later
    reiterated in 2007, after armed criminals killed 43 police officers in
    the line of duty.
        On March 10, police reportedly killed seven suspected members of
    the Mungiki in a police operation in Nairobi. Police claimed that a gun
    battle had started after police shot at a mob that was attacking
    motorcyclists to extort motorcycle taxi drivers.
        During the year there were reports that persons died while in
    police custody or shortly thereafter, some as a result of torture.
        For example, the Daily Nation reported in January that a 24-year-
    old man was tortured to death while undergoing police interrogation
    regarding a livestock theft at the Ngomeni Police Station. No further
    information was available at year's end.
        In November the Standard newspaper reported that a man, arrested at
    a bar for an altercation with a police officer, was dragged to a police
    station by the officer and chained and beaten to death. No further
    information was available at year's end.
        In 2008 the Independent Medico-Legal Unit (IMLU), a leading and
    credible human rights NGO, reported one death in police custody but
    noted that the actual number was likely higher; police often did not
    enter suspects into police custody records, impeding the ability to
    track such cases.
        Police killed numerous criminal suspects during the year, often
    claiming that the suspects violently resisted arrest or were armed.
    During the year security forces killed 16 suspected Mungiki members as
    compared to killing 25 in 2009.
        In 2009 the IMLU documented 33 alleged extrajudicial killings by
    police officers from January to October: the majority were criminal
    suspects whom police killed during apprehension.
        No action was taken during the year against police who killed five
    persons traveling in a ``matatu'' minibus in the Githurai area of
    Nairobi in October 2009; police claimed that the five were armed
    members of Mungiki. Residents of the area stated that the five were
    matatu operators fleeing police harassment and that police planted the
    gun after the killing.
        No action was taken against security force members in the following
    2008 killings of criminal suspects: the killing of six suspected car
    thieves in Nairobi; the police shooting deaths of 21 robbery suspects
    in and around Nairobi, and the shooting deaths of three suspects and
    two workers in a Nairobi casino.
        There also were no reported developments in the October 2009
    killing of the police officer who provided evidence to the KNCHR on
    extrajudicial killings of Mungiki members.
        A journalist was abducted and killed in 2009, reportedly at police
    instigation.
        No action was taken against security force members responsible for
    the 2008 extrajudicial killings of Mungiki members or the 2008 killing
    of a police officer who had cooperated with the KNCHR investigation of
    Mungiki killings.
        Unlike in 2008, police use of excessive force to disperse
    demonstrators did not result in deaths.
        There were no developments in the following 2008 cases of deaths of
    demonstrators, and none were expected: the arrest of a police officer
    in Kisumu for the shooting death of two unarmed protesters, and the
    killing of at least 83 persons during postelection violence in Kisumu.
        Mob violence and vigilante action resulted in numerous deaths. The
    great majority of victims killed by mobs were suspected of criminal
    activities, including theft, robbery, killings, cattle rustling, and
    membership in criminal or terrorist gangs. In April 2009 villagers near
    the town of Karatina clashed with suspected members of the Mungiki
    criminal organization, killing 29 persons. Police arrested 48 suspects
    in connection with the clashes. The case continued at year's end.
        There were no developments in the August 2009 case in which an
    armed gang killed internationally renowned gemologist Campbell Bridges
    when he confronted the group for trespassing on a mine near Voi. Police
    arrested and quickly released six suspects in the case, but Bridges'
    family alleged that senior government officials involved in the killing
    were not investigated.
        There were no developments in the following 2008 cases of death by
    mob violence: the death by burning of two men in Meru who allegedly
    robbed a matatu driver, the stoning of one man in Imenti South, or the
    lynching of a village chief in Mikumbune in Imenti South.
        Human rights observers attributed vigilante violence to a lack of
    public confidence in police and the criminal justice system; allegedly,
    assailants often bribed their way out of jail or were not arrested. The
    social acceptability of mob violence also provided cover for acts of
    personal vengeance, including settling land disputes.
        Mobs committed violence against persons suspected of witchcraft,
    particularly in Kisii District and Nyanza and Western provinces.
    Although local officials spoke out against witch burning and increased
    police patrols to discourage the practice, human rights NGOs noted
    public reluctance to report such cases due to fear of retribution.
        In February 2009 five persons were burned to death in Kitutu
    Chache, Kisii, after being accused of abducting and placing a spell on
    a young boy. In March 2009 six suspected witches were burned to death
    in Pokot District, and six others were killed in Kisii. No action was
    taken by year's end.

        b. Disappearance.--Unlike in the previous year, there were no
    reports of disappearances or politically motivated abductions.
        There were no developments in the January 2009 case in which a
    journalist was abducted and killed.
        There were no developments in the September 2009 case in which the
    Muslim Human Rights Forum alleged that five Muslims suspected by the
    Government of involvement in terrorist activity were abducted by the
    Antiterrorism Police Unit (ATPU) and subsequently disappeared. The ATPU
    denied the allegations.
        The KNCHR, the IMLU, and Western Kenya Human Rights Watch (WKHRW)
    reported that the Government failed to investigate disappearances in
    connection with the 2008 security force operation in Mount Elgon and
    the crackdown on the Mungiki criminal organization in 2008.

        c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
    Punishment.--The constitution and law prohibit such practices; however,
    the legal code does not define torture and provides no sentencing
    guidelines, which functionally bars prosecution for torture. Police
    frequently used violence and torture during interrogations and as
    punishment of pretrial detainees and convicted prisoners. According to
    the IMLU, physical battery was the most common method of torture used
    by the police.
        Human rights organizations, churches, and the press reported
    numerous cases of torture and indiscriminate police beatings.
        In 2008 the IMLU received 772 cases alleging torture by security
    officers, compared with 397 in 2005, although it noted that the number
    of torture cases was likely higher.
        There were allegations of rape by security forces, including the
    rape of women in prisons, as well as in camps for internally displaced
    persons (IDPs) and refugees and among asylum seekers crossing into the
    country from Somalia.
        For example, in March Human Rights Watch (HRW) conducted 102
    interviews regarding sexual violence in the Dadaab refugee camps. In 46
    of the cases, police were accused of gang-raping women in the camps or
    on their way to the camps. The Center for Rights Education Awareness
    alleged in 2008 that policemen raped women in the Kibera slum in
    Nairobi and those seeking refuge in police stations.
        Police use of excessive force to disperse demonstrators resulted in
    injuries (see section 2.b.).
        Due to a shortage of civilian state prosecutors in the legal system
    (72 civilian prosecutors nationwide compared to 315 police
    prosecutors), police were responsible for investigating and prosecuting
    all crimes at the magistrate court level; civilian prosecutors handled
    cases at the high court level. Police routinely ignored evidence of
    security force torture provided by the IMLU and other human rights
    organizations. In most cases allegations of torture were not fully
    investigated and the perpetrators not charged.
        As part of reforms agreed to in the National Accord in July 2009
    the Government established the Truth, Justice, and Reconciliation
    Commission (TJRC), whose mandate included the investigation of alleged
    cases of torture since independence. The TJRC had collected statements
    but had not conducted any hearings by year's end.
        The Government did not investigate alleged cases of torture by
    security forces that were documented by the IMLU and HRW from the Mount
    Elgon and El Wake security operations in 2008. The Government denied
    that security forces engaged in torture and refused to prosecute
    individuals alleged to have participated in torture during the two
    operations.
        There were numerous instances of mob violence and vigilante action
    resulting in serious injury. On February 12, near Mombasa, an armed mob
    of between 200 and 300 persons surrounded the Kenya Medical Research
    Institute (KEMRI), a government health center that provides HIV/AIDS
    services. Police arrived, took two KEMRI employees into custody for
    their protection but did not arrest members of the mob. On the same day
    the mob beat a man who had come to the health care center and were
    about to set fire to him when the police took the beaten man into
    custody. The mob then gathered outside the police station. The
    following day, a mob severely beat a KEMRI volunteer, who was also
    taken into protective custody. Over the next week, mobs in the same
    area attacked and beat other persons suspected of being gay (see
    section 1.d. and 6).

        Prison and Detention Center Conditions.--Prison and detention
    center conditions continued to be harsh and life threatening. A KNCHR
    prison assessment during 2009 concluded that torture, degrading and
    inhuman treatment, unsanitary conditions, and extreme overcrowding were
    endemic in prisons. The commissioner of prisons reported that prisons
    were filled to 200 percent capacity during the year. According to the
    Legal Resources Foundation Trust (LRF), there were 49,757 prisoners on
    the last day of the year, held in prisons with a recommended capacity
    of 22,000. Approximately 36 percent of the prisoners were in remand,
    awaiting trial due to the judicial backlog. The Daily Nation reported
    that in February the Kakamega Remand Prison held 900 inmates awaiting
    trial in an institution built to accommodate 500.
        Civil society organizations began visiting prisons in 2003, and
    these visits continued to reveal harsh conditions, as well as
    allegations by prisoners of inhumane treatment, including torture. For
    example, in February 2009 the KNCHR documented beatings and assault by
    prison staff of prisoners at Nairobi Remand and Meru Women's Prisons,
    and in April 2009 at Kisumu Women's Prison.
        In 2008 wardens in Kamiti Prison scalded prisoners with hot water
    and beat them during an operation to interdict contraband items. One
    person died, and 20 were hospitalized. Three wardens were suspended. At
    year's end a police investigation of the incident continued.
        Prisoners generally received three meals per day, but portions were
    inadequate, and sometimes they were given half rations as punishment.
    During the year LRF reported that prison conditions were poor due to
    lack of funding, overcrowding, and poor management. Water shortages, an
    issue outside prisons as well, continued to be a problem, although the
    Government built one well and improved two water treatment plants.
    Medical care for those with tuberculosis was poor, and patients with
    tuberculosis or HIV/AIDS were not given supplemental food to assist in
    the digestion of their medication. Medical care in prisons for the
    general population was poor, although courts generally granted requests
    for referral to hospitals in serious cases. However, administrative
    delays, such as transport, often delayed court-ordered hospital
    attention. Shikusa Prison gained electricity during the year, but in
    general many prisoners spend most of their time indoors in poorly lit,
    poorly ventilated cell blocks. This was especially true for the one
    third of prisoners who were awaiting trial, as they were not engaged in
    any work programs that would allow them to leave their cell. Sanitary
    facilities had not been built to match the rise in prison populations.
        In 2009 prison personnel stated that the rape of male and female
    inmates, primarily by fellow inmates, continued. Media reports
    indicated that it was also common for prison officials to rape female
    inmates. In September 2009 a transgender person alleged abuse by male
    prisoners and wardens in Nairobi's Kamiti Prison. In December the High
    Court awarded him 511,252 shillings ($6,250) for the inhumane
    treatment, and he remained in solitary confinement at year's end.
        Hundreds of prisoners died annually from infectious diseases spread
    by overcrowding, unhygienic conditions, and inadequate medical
    treatment. During the year, according to the commissioner of prisons,
    218 prisoners died from diseases while incarcerated. In August 2009 18
    prisoners died of suspected tuberculosis and pneumonia in Kodiaga
    Prison in Kisumu.
        Prisoners were sometimes kept in solitary confinement far longer
    than the legal maximum of 90 days. Prisoners and detainees sometimes
    were denied the right to contact relatives or lawyers. Family members
    who wanted to visit prisoners faced numerous bureaucratic and physical
    obstacles, each often requiring a bribe to overcome. According to LRF
    during the year, prisoners had reasonable access to visitors including
    lawyers, although privacy space was lacking. However, on May 25, the
    Daily Nation reported that the Kitale branch of the Kenya Law Society
    stated that 35 lawyers were denied access to prisoners by court order
    as punishment for a lawyers' strike.
        LRF also reported during the year that prisoners were able to make
    complaints to the courts and had the ability to send paralegal-written
    letters to the court without appearing personally. Some prisons had
    paralegal clinics. Some magistrates and judges also made prison visits
    during the year, providing another avenue for prisoners to raise
    grievances. KNHRC had a mandate to visit prisons and investigate
    allegations of inhumane conditions. According to the commissioner of
    prisons, human rights trainings took place in prisons during the year.
    The department of prisons had imbedded intelligence officers in the
    prisons to report on conditions and any abuse.
        There were no separate facilities for minors in pretrial detention.
    Civil society activists witnessed young children, women, and men
    sharing the same cells. In 2008 IMLU reported that underage boys were
    detained in Bungoma Prison. Additionally a 2008 government report on
    prison conditions noted that underage female offenders, who were
    ineligible for diversion to a lesser security training school, were
    housed with adult female prisoners. According to the commissioner of
    prisons, there were 338 children, all under the age of four, living
    with their mothers in prisons. LRF reported the prisons did not have
    facilities, lessons, beds, or special food for the children nor did
    they have access to medical care.
        The Government permitted visits to prisons by local human rights
    groups during the year.
        Following the 2009 release of the Madoka Committee report on prison
    conditions, the Government increased investment in the prison system.
    New prison facilities and housing for prison staff were built, and
    bedding and meals for inmates improved, although they were still
    considered inadequate by rights groups.

        d. Arbitrary Arrest or Detention.--The law prohibits arrest or
    detention without a court order unless there are reasonable grounds for
    believing a suspect has committed or is about to commit a criminal
    offense; however, police frequently arrested and detained citizens
    arbitrarily.

        Role of the Police and Security Apparatus.--There was a large
    internal security apparatus that included the Kenyan National Police
    Service (KNPS) and its Criminal Investigation Department, responsible
    for criminal investigations, and the ATPU; the Kenya Administration
    Police (KAP), which has a strong rural presence throughout the country,
    constitutes the security arm of the civilian provincial administration
    structure, and has the mandate for border security; the Kenya Wildlife
    Service, responsible for security and counterpoaching operations within
    the national parks; the paramilitary General Services Unit (GSU),
    responsible for countering uprisings and guarding high-security
    facilities; and the National Security Intelligence Service (NSIS),
    which collects intelligence. The KNPS, KAP, and GSU are under the
    authority of the Ministry of State for Provincial Administration and
    Internal Security. The NSIS is under the direct authority of the
    president. There was a public perception that police often were
    complicit in criminal activity.
        Police were ineffective and corrupt, and impunity was a problem. In
    2008 OFFLACK noted that bribery in police recruitment was a problem.
    The police often recruited unqualified candidates who had political
    connections or who paid bribes, which contributed to poorly conducted
    investigations.
        Press and civil society reported that police continued to resort to
    illegal confinement, extortion, physical abuse, and fabrication of
    charges to accomplish law enforcement objectives, as well as to
    facilitate illegal activities.
        Impunity was a major problem. Police officers rarely were arrested
    and prosecuted for criminal activities, corruption, or for using
    excessive force. In March 2009 police reportedly brutalized citizens
    during disarmament campaigns in Turkana and Samburu after promising
    amnesty. Authorities sometimes attributed the absence of an
    investigation into corruption or an unlawful killing to the failure of
    citizens to file official complaints. However, the required complaint
    form was available only at police stations, and there was considerable
    public skepticism regarding a process that assigned the investigation
    of police abuse to the police themselves.
        Police also often did not enter suspects into police custody
    records, making it difficult to locate detainees. For example, in 2009
    the civil society organization Bunge la Mwananchi reported that when
    members were arrested following political forums, they often were not
    booked at police stations.
        According to NGOs, the police practice of requiring an examination
    and testimony by a single police physician in the case of victims of
    sexual assault resulted in substantial barriers to the investigation
    and prosecution of sexual violence cases (see section 6). In 2009 the
    Government established a witness protection unit pursuant to the 2007
    witness protection law; however, the unit was not operational by year's
    end. Witness insecurity and harassment of witnesses continued to
    inhibit severely the investigation and prosecution of major crimes.
        The Government took some steps to curb police abuse during the
    year. For example, in January President Kibaki established the Police
    Reforms Implementation Committee to monitor progress of reforms
    required by the new constitution, including an independent police
    oversight board. The media also reported that several dozen police
    officers were arrested for petty corruption in the last quarter of the
    year.
        In September 2009 in response to an interim report by the National
    Task Force on Police Reforms, the president replaced police
    commissioner Hussein Ali and the senior police leadership. The final
    task force report was released in November 2009; a Police Reform
    Implementation Commission charged with overseeing the implementation of
    the recommended reforms began its work during the year. A 15-member
    committee headed by the CEO of Kenya Airways was established to
    undertake police reforms. It was given a one year mandate (which was
    extended) and tasked with undertaking 200 recommendations proposed by
    Justice Ransley's taskforce on police reforms, with minimal success at
    year's end.
        There were no developments, and none were expected, in the
    following 2008 cases: the trial of a police officer allegedly
    responsible for the shooting deaths of two unarmed, peaceful
    demonstrators in Kisumu; and the trial of a police officer for the
    shooting death of an MP in Kericho.
        There were numerous instances in which police failed to prevent
    societal violence. In February near Mombasa, an armed mob of between
    200 and 300 persons surrounded the KEMRI (see section 1.c.). Police did
    not arrest any members of the mob.
        In February and March 2009, police failed to prevent the burning
    deaths of suspected witches in Pokot and Kisii. In April 2009, police
    failed to prevent a mob from beating to death suspected Mungiki members
    in Karatina. Police attempted to investigate these incidents of
    societal violence but were hampered by the communities' unwillingness
    to provide information about the cases.

        Arrest Procedures and Treatment While in Detention.--Under the
    criminal procedure code, police have broad powers of arrest. Police may
    make arrests without a warrant if they suspect a crime has occurred, is
    happening, or is imminent. Detainees in noncapital cases must be
    brought before a judge within 24 hours. Detainees in capital cases must
    be brought before a judge within 14 days; however, the Government did
    not respect this law in practice. The courts dealt with this
    shortcoming by considering whether the constitutional rights of the
    accused had been breached. In many cases accused persons, including
    some charged with murder, were released because they had been held
    longer than the prescribed period.
        The right to prompt judicial determination of the legality of
    detention frequently was not respected in practice. The law provides
    pretrial detainees the right of access to family members and attorneys.
    When detainees could afford counsel, police generally permitted access;
    however, there were cases in which police refused access to lawyers.
    Family members of detainees frequently complained that access was only
    permitted on payment of bribes. There is a functioning bail system;
    however, many suspects remained in jail for months pending trial
    because of their inability to post bail. Individuals charged with
    offenses that were deemed serious and capital offenses are not eligible
    for bail pending trial.
        Police often stopped and arrested citizens to extort bribes. For
    example, during the year police in Eastleigh routinely targeted Somali
    youths, threatening to send them to refugee camps if they did not pay a
    bribe. Since few could afford even a modest bribe, many languished in
    jail unless family or friends raised the bribe money demanded by
    police.
        Muslim leaders claimed that police indiscriminately arrested
    Muslims on suspicion of terrorism and that some suspects subsequently
    disappeared, but the police denied this.
        Muslim MPs and clerics also continued to claim that Muslims were
    being unfairly targeted during the year. For example, the arrest and
    renditions of suspects of the July 7 Kampala bombings were thought to
    be religiously based. The Ugandan government arrested several dozen
    individuals in connection with the bombings including, on September 15,
    including Kenyan human rights activist al-Amin Kimathi and Kenyan
    attorney Mbuga Mureithi. On September 18, authorities released Mureithi
    without charge and deported him back to Kenya. On December 1,
    authorities charged 17 persons, including Kimathi, with terrorism,
    murder and attempted murder in relation to the bombings and released 18
    others. Hearing of the cases was pending at year's end.
        There were no reports during the year that police arbitrarily
    arrested persons demonstrating against the Government.
        In August authorities arrested 13 civil society demonstrators for
    demanding a reason for the invitation to Sudanese President Omar al-
    Bashir to attend the promulgation ceremony.
        Lengthy pretrial detention continued to be a serious problem that
    contributed to overcrowding in prisons. The Government claimed the
    average time spent in pretrial detention on capital charges was 16
    months; however, there were reports that many detainees spent more than
    three years in prison before their trials were completed. Police from
    the arresting location are responsible for serving court summonses and
    picking up detainees from the prison each time a court schedules a
    hearing on a case. A shortage of manpower and resources meant that
    police often failed to appear or lacked the means to transport
    detainees, who then were forced to await the next hearing of their
    cases. According to the judiciary, the backlog numbered approximately
    800,000 cases, including both civil and criminal. During the year there
    were more than 17,000 persons incarcerated awaiting trials.

        Amnesty.--The president releases petty offenders periodically, with
    the largest amnesty occurring on December 12, Independence Day;
    however, the release is not automatic. During the year the president
    pardoned approximately 4,000 persons. In August 2009 the president
    commuted all death row sentences to life imprisonment.

        e. Denial of Fair Public Trial.--The constitution and law provide
    for an independent judiciary; however, the executive branch sometimes
    exercised political influence over the judiciary. The judiciary was
    corrupt at all levels. In 2008 after the controversial announcement of
    the presidential results, the opposition leader refused to file a court
    challenge to the announcement because he did not expect a fair hearing.
        The president has extensive powers over appointments, including of
    the attorney general, chief justice, and appellate and high court
    judges; however, this will be reduced some under the new constitution.
    Key judicial appointments, including Chief Justice and Attorney
    General, now require the approval of parliament. A Judicial Services
    Commission is responsible for making recommendations for appointment of
    judges.
        The constitution provides for Kadhi's courts and states that the
    ``jurisdiction of a Kadhi's court shall be limited to. questions of
    Muslim law relating to personal status, marriage, divorce, or
    inheritance in proceedings in which all the parties profess the Muslim
    religion and submit to the jurisdiction of the Kadhi's court.'' There
    are no other traditional courts. The national courts used the
    traditional law of an ethnic group as a guide in personal matters, as
    long as it did not conflict with statutory law. Use of traditional law
    occurred most often in cases of marriage, death, and inheritance in
    which there was an original contract based on traditional law. Citizens
    may choose between national and traditional law when they enter into
    marriage or other contracts; however, the courts determine which kind
    of law governs the enforcement of the contract. Some women's
    organizations sought to eliminate traditional law, through a number of
    proposed marriage laws, because in practice the current laws were
    interpreted and applied in favor of men.
        The Government occasionally used the legal system to harass
    critics. Local authorities continued to prosecute a 2008 case against a
    physician who helped document allegations of human rights abuses in the
    Mount Elgon region but dropped a case against a second witness.
        In May 2009 prosecutors dropped charges from a 2008 case against
    the director of the seafarer's welfare organization for issuing a
    statement that military cargo on a hijacked ship was bound for South
    Sudan and not Kenya, as the Government claimed.
        There were no developments and none were expected in the 2008 case
    of the former MPs charged with incitement for statements about human
    rights abuses in El Wak.

        Trial Procedures.--Civilians are tried publicly, although some
    testimony may be given in closed session. The law provides for a
    presumption of innocence, and defendants have the right to attend their
    trials, confront witnesses, and present witnesses and evidence in their
    defense. A defendant's right to consult with an attorney in a timely
    manner was generally respected. However, the vast majority of
    defendants could not afford representation and were tried without legal
    counsel. Indigent defendants do not have the right to government-
    provided legal counsel except in capital cases. The lack of a formal
    legal aid system seriously hampered the ability of many poor defendants
    to mount an adequate defense. Legal aid was available only in major
    cities where some human rights organizations, notably the Federation of
    Women Lawyers (FIDA), provided it.
        Discovery laws are not defined clearly, further handicapping
    defense lawyers. Implementation of the High Court ruling that written
    statements be provided to the defense before trial was slow. Often
    defense lawyers did not have access to government-held evidence before
    a trial. The Government sometimes invoked the Official Secrets Act as a
    basis for withholding evidence. Defendants can appeal a verdict to the
    High Court and ultimately to the Court of Appeals. The legal system
    does not provide for trial by jury; judges try all cases.
        In treason and murder cases, the deputy registrar of the High Court
    can appoint three assessors, who are lay citizens, to sit with a high
    court judge. Although assessors render verdicts, their judgments are
    not binding, and the practice was being phased out, starting in 2009.
    Defendants' lawyers can object to the appointment of individual
    assessors. A shortage of appropriate assessors frequently led to long
    delays in hearing cases.
        According to NGOs the police practice of requiring an exam and
    testimony by a single police physician in cases of victims of sexual
    assault resulted in substantial barriers to the investigation and
    prosecution of sexual violence cases (see section 6).

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

        Civil Procedures and Remedies.--The KNCHR has some powers of a
    court, including the issuance of summonses and ordering the release of
    a prisoner or detainee, payment of compensation, or other lawful
    remedy; however, the Government continued to ignore such summonses and
    orders. The police routinely refused to release suspects when ordered
    to do so by the KNCHR.
        In 2009 the attorney general filed a brief with the High Court
    arguing that the KNCHR should be stripped of judicial powers; the court
    had not issued a final ruling but did issue an injunction barring the
    KNCHR from convening investigatory panels. As a result, the KNCHR was
    barred from intervening in cases of police and judicial misconduct.
        The civil court system can be used to seek damages for victims of
    human rights violations. However, corruption, political influence over
    the civil court system, and chronic backlogs of cases limited access by
    victims to this remedy.
        Widespread corruption existed at all levels of the civil legal
    system. Bribes, extortion, and political considerations influenced the
    outcomes in large numbers of civil cases.
        Court fees for filing and hearing cases--a daily rate of at least
    2,040 shillings ($28) for arguing a civil case before a judge--
    effectively barred many citizens from gaining access to the courts.

        f. Arbitrary Interference With Privacy, Family, Home, or
    Correspondence.--The constitution and law prohibit such actions, except
    ``to promote public benefit''; however, authorities sometimes infringed
    on citizens' privacy rights. The law permits police to enter a home
    without a search warrant if the time required to obtain a warrant would
    prejudice an investigation. Although security officers generally
    obtained search warrants, they occasionally conducted searches without
    warrants to apprehend suspected criminals or to seize property believed
    stolen.
        During the year police raided dozens of homes in the Nairobi slums
    in search of suspected Mungiki members.
        City council officers and police officers also frequently raided,
    evicted, or destroyed the homes and businesses of citizens in slums or
    other areas who did not hold proper legal title. Residents complained
    that these actions were often intended to extort bribes from residents
    and small business owners.
        In September 2009 parliament accepted an amended version of the Mau
    Forest Task Force report, authorizing the eviction of all 2,000
    residents in the Mau Forest; evictions were carried out in November and
    December 2009. Evictees alleged that security forces destroyed property
    and that the Government failed to provide adequate emergency shelter or
    promised compensation. Residents holding title deeds are entitled to
    compensation.
        By year's end Mau Forest evictees had not been resettled and still
    were living in extremely poor conditions.
    Section 2. Respect for Civil Liberties, Including:

        a. Freedom of Speech and Press.--The constitution provides for
    freedom of speech and of the press, but the Government sometimes
    restricted these rights. Unlike the previous year, there were no
    reports that security forces killed members of the media. However,
    during the year security forces harassed members of the media, and
    journalists practiced self-censorship.
        The Government occasionally interpreted laws in such a way as to
    restrict freedom of expression. The prohibition on discussion of issues
    under court consideration limited deliberation on a number of political
    issues, although this restriction was relaxed in September 2009. The
    Government monitored many types of civil society meetings, and
    individuals were not always allowed to criticize the Government
    publicly without reprisal. In September 2009, the speaker of parliament
    issued a ruling that the long-standing ``sub judice'' practice that
    prohibited parliamentary discussion of issues under judicial
    consideration could not be used to bar parliament from debating matters
    of public interest as it had in the past.
        The Government cited national or public security as grounds to
    suppress views that were politically embarrassing. The Kenya National
    Dialogue and Reconciliation Monitoring Project (KNDR) reported that two
    journalists for the Star newspaper were charged in court in 2009 for
    threatening national security. In October 2009, the KNDR reported that
    journalists reporting on the security sector often were intimidated by
    government officials and requested to reveal sources.
        The Government occasionally interpreted laws to restrict press
    freedom, and officials regularly accused the media of being
    irresponsible and disseminating misinformation. There were also reports
    of politicians paying journalists to avoid negative coverage or to
    plant negative coverage of a political opponent.
        Officials used libel laws to suppress criticism.
        In 2009 Minister of Finance Uhuru Kenyatta sued the Nation Media
    Group over its coverage of discrepancies in the national budget. Aaron
    Ringera, the former chairman of the Kenya Anti-Corruption Commission
    (KACC), initiated a libel case against the Standard Daily newspaper. No
    new details were available on these cases by year's end.
        In 2009 journalist Francis Kainda Nyaruri was abducted and killed
    near Nyamira, Kisii. NGOs reported that a credible investigation did
    not take place. There were no further developments in this case by
    year's end.
        In September 2009 the Communications Commission of Kenya (CCK), the
    media licensing body, circulated new regulations related to the
    controversial 2008 amendments to the Communications Act, which
    President Kibaki signed in January 2009.
        According to the new CCK regulations, ``all licensees, except the
    public broadcaster shall not be assigned more than one broadcast
    frequency for radio or television broadcasting in the same coverage
    area.'' A license will be granted to only those who offer broadcasting
    services for at least eight continuous hours per day. No frequency is
    transferrable to another entity without the CCK's permission.
        Generally the mainstream print media remained independent despite
    attempts at intimidation by officials and security forces. The
    mainstream print media included five daily newspapers, one business-
    focused daily, and numerous regional weekly newspapers with national
    distribution. There also were numerous independent tabloid periodicals
    that appeared irregularly and were highly critical of the Government.
        Of the several television stations operating in Nairobi, the
    Government-owned Kenya Broadcasting Corporation (KBC) was the only
    station with a national network of broadcast and cable television, AM
    and FM radio, and short-wave transmission. Although KBC coverage was
    generally viewed as balanced, its monopoly on national broadcasting
    limited the ability of critics of the Government to communicate with
    the electorate. The disadvantage to government critics posed by the KBC
    monopoly on national broadcasting was particularly pronounced in the
    period prior to the 2007 general elections.
        The international media operated freely.

        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. Internet
    service was limited in rural areas due to lack of infrastructure.
    According to International Telecommunication Union statistics for 2008,
    approximately 8.6 percent of the country's inhabitants used the
    Internet.
        In July 2009 the Government announced that all cell phone users had
    to provide the Government with their name and identification number for
    each line owned; this announcement also affected citizens who accessed
    the Internet through cell phone-based modems, potentially enabling the
    Government to monitor Internet use.

        Academic Freedom and Cultural Events.--There were no government
    restrictions on academic freedom or cultural events.
        A number of publications remained banned, including the Quotations
    of Chairman Mao Zedong and Salman Rushdie's Satanic Verses. The
    Prohibited Publications Review Board reviewed publication bans.

        b. Freedom of Peaceful Assembly and Association.--Freedom of
    Assembly.--The constitution and law provide for freedom of assembly,
    but the Government frequently restricted this right in practice.
    Organizers must notify local police in advance of public meetings,
    which may proceed unless police notify organizers that the meeting is
    prohibited. According to the law, authorities may prohibit such
    gatherings only if there are simultaneous meetings previously scheduled
    for the same venue or if there is a perceived, specific security
    threat. However, police routinely denied requests for meetings filed by
    human rights activists and dispersed meetings for which no prohibition
    had been issued. Civil society groups noted that when they tried to
    comply with the licensing policy, police often refused to issue permits
    in a timely manner.
        Police forcibly dispersed demonstrators.

        Freedom of Association.--The constitution and law provide for
    freedom of association, and the Government generally respected this
    right. The Societies Act requires that every association be registered
    or exempted from registration by the registrar of societies.
        The 2002 ban on membership in the Mungiki criminal organization
    remained in effect. The Mungiki espoused political views and cultural
    practices that were controversial in mainstream society. Also in 2002
    the Government declared the group a criminal organization because it
    ran protection rackets, particularly in the public transportation
    sector, and harassed and intimidated residents. The Mungiki had a
    significant following among the poor and unemployed. Other prohibited
    criminal organizations with political or cultural trappings included
    the Kamjesh, Chinkororo, Baghdad Boys, Jeshi la Embakasi, Jeshi la
    Mzee, Amachuma, Sungu Sungu, and a local group called ``the Taliban.''

        c. Freedom of Religion.--For a description of religious freedom,
    please see the 2010 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. The
    Government largely cooperated with the Office of the UN High
    Commissioner for Refugees (UNHCR) and other humanitarian organizations
    in providing protection and assistance to internally displaced persons,
    refugees, returning refugees, asylum seekers, stateless persons, and
    other persons of concern.
        Police routinely stopped vehicles throughout the country and often
    engaged in solicitation of bribes at such checkpoints. Ethnic Somalis
    are frequently required to provide additional identification. HRW
    stated during the year that the Government continued to illegally
    deport hundreds of Somali asylum seekers back to Somalia. HRW also
    stated that the Government detained and deported ethnic Somalis and
    Ethiopians on the assumption they were economic migrants or potential
    security risks; the NGO believed that some of these deportees were
    Kenyan citizens and legal residents.
        Refugee freedom of movement was severely restricted, and the
    Government tightened its restriction on travel outside of refugee camps
    unless approved by the Government and the UNHCR. There were instances
    in which refugees outside of the camps were detained despite holding
    valid travel passes.
        Civil servants and MPs must obtain government permission for
    international travel, which generally was granted.
        The law prohibits forced exile, and the Government did not use it.
    However, in 2009 four witnesses to the OFFLACK killings went into self-
    imposed exile after being intimidated by the police (see section 1.a.).

        Internally Displaced Persons (IDPs).--In September 2009 President
    Kibaki stated that approximately 7,000 of the 350,000 persons who fled
    their homes in Rift Valley Province, Central Province, Nairobi, and
    other sections of the country as a result of 2008 postelection
    interethnic violence, still had not been resettled in their home
    regions. In 2008 the Government announced ``Operation Rudi Nyumbani''
    (Operation Return Home) to return IDPs in camps to their homes;
    however, the majority of IDPs chose to relocate to transit sites near
    to their homes. By the end of 2008 the Government had closed or ceased
    providing services to IDP camps; however, in 2009 the Kenya Red Cross
    Society reported that 99,198 IDPs resided in transit sites. IDP camp
    residents complained that police used force and did not offer adequate
    compensation during the resettlement.
        Rapes allegedly perpetrated by residents of camps, local residents,
    and sometimes by police personnel occurred in IDP camps. In 2008 the
    representative of the UN secretary general on the human rights of IDPs
    visited the country and concluded that the returns of some IDPs were
    not voluntary and based on informed choices. In a 2008 report the KNCHR
    found that the Government had used intimidation and force to remove
    IDPs from camps and had failed to provide housing, food, and clean
    water to resettled camp residents. The KNCHR also found that resettled
    residents were exposed to sexual violence and harassment.
        In 2009 government eviction and destruction of homes in low income
    areas resulted in IDPs. For example, in July of that year police
    bulldozed homes in Githogoro Village, Nairobi, displacing 3,000
    residents.
        There were also many other causes of displacement in 2009,
    including land disputes and flash floods. NGOs reported that hundreds
    of pastoralists were displaced in conflicts over pasture and watering
    holes in semiarid regions of North Eastern, Eastern, and Rift Valley
    Provinces. Karamojong from Uganda engaged in cross-border cattle raids
    in Western Rift Valley Province, resulting in death and displacement
    among the Pokot and Turkana tribes.
        An unknown proportion of the several thousand persons displaced by
    ethnic clashes from the 1990s had not returned to their homes due to
    fear of renewed violence.

        Protection of Refugees.--The law provides for the granting of
    asylum or refugee status for those claiming asylum, and the Government
    coordinates with UNHCR to provide refugees protection. During the year
    the Department of Refugee Affairs (DRA) hired a consultant to develop a
    refugee policy to provide implementing guidelines for the 2006 Refugee
    Act. By year's end, however, the Government fired the consultant and
    was in the process of searching for a replacement consultant.
    Additionally the commissioner of refugee affairs stepped aside due to
    corruption allegations and was replaced by an acting commissioner until
    the allegations were investigated.
        The Government and UNHCR registered more than 90,000 new refugees
    during the year, with some 65,000 new arrivals registered in Dadaab
    refugee camp. The Dadaab refugee camps were severely overcrowded. UNHCR
    had received county authorization to transfer 20,000 refugees to land
    adjacent to an existing refugee camp but was blocked from implementing
    the transfer by local government officials. The Government provided
    some protection against the expulsion or return of refugees to
    countries where their lives or freedom would be threatened on account
    of their race, religion, nationality, membership in a particular social
    group, or political opinion. However, there were credible reports of
    the forcible return of Somali asylum seekers throughout the year; the
    Kenya-Somalia border remained officially closed, limiting asylum
    seekers from legally entering the country. A planned reopening of the
    Liboi Registration Center for Somali asylum seekers had yet to be
    formally authorized by the Government. Somali asylum seekers reportedly
    paid approximately 7,500-15,000 shillings ($100-$200) per family in
    bribes and transportation costs to travel from the Kenya-Somalia border
    to the Dadaab refugee camps. HRW reported a ``systematic extortion
    network'' of police officers along the Kenya-Somalia border who
    committed serious human rights violations of Somali asylum seekers.
        In 2009 international donors initiated a program to transfer the
    responsibility of registering asylum seekers and completing refugee
    status determinations from the UNHCR to the Government. However, the
    plan had stalled and UNHCR still performed asylee registration and
    refugee status determination. The Government also registered refugees
    in Dadaab camps, located in the northeastern part of the country;
    however, many refugees report they had not received their
    identification documents by year's end.
        The Government permitted the UNHCR to register and assist new
    arrivals who successfully made their way to one of the three Dadaab
    refugee camps. The UNHCR registered 65, 207 new arrivals in the Dadaab
    camps during the year, increasing the camp size to more than 300,000
    refugees (the three camps were designed to accommodate 90,000
    refugees). In January the Garissa County Council approved the UNHCR's
    request to extend the Ifo refugee camp in Dadaab to accommodate an
    additional 90,000 refugees. However, due to disagreements with local
    officials and UNHCR, the Ifo extension had not been opened. The UNHCR
    began improvements to the land, as well as relocated 40,000 refugees to
    the site. New arrivals to Kakuma refugee camp in the northwest also
    continued to increase during the year, with 11, 387 new arrivals
    documented during the year bringing the camp population to 81,000.
    UNHCR reported that the host community had agreed to provide land for
    the Kakuma Camp expansion, which would accommodate 5,000 additional
    refugees. UNHCR was also in the process of negotiating the acquisition
    of land at Kalobeyei for an additional camp during the year.
        The UNHCR remained unable to provide newly arrived refugees with
    plots in the Dadaab camps, restricting assistance to limited nonfood
    items (sometimes only soap) and instructions to find their own
    accommodations either with their clan members or outside the Dadaab
    refugee camp complex. Cholera, meningitis, H1N1, and measles outbreaks
    were all reported in Dadaab. Many new refugees reportedly bypassed
    Dadaab camps because of the conditions and continued directly to Kakuma
    camp or Nairobi.
        Despite the policy that all refugees must reside in camps (the
    Government has a de facto encampment policy), 11,387 newly arriving
    refugees were registered in Nairobi during the year, bringing the
    officially registered Nairobi refugee population to slightly more than
    46,000 refugees. Unofficially, the UNHCR and NGOs estimated that more
    than 100,000 refugees resided in Nairobi. In June the DRA began a 100-
    day Rapid Results Initiative (RRI) to register urban refugees in
    Nairobi and provide them with government refugee identity cards. The
    DRA only targeted refugees previously registered with the UNHCR.
    Despite a goal of registering and issuing government refugee identity
    cards to 17,000 refugees, the DRA reportedly issued only 6,273 cards.
    Following the RRI in August, the DRA stated that registration of new
    asylum seekers would only take place in Dadaab and Kakuma refugee
    camps, and that any refugee detained in Nairobi without a government-
    issued refugee card would be subject to relocation to Dadaab or
    possible deportation. The UNHCR continued to register refugees in
    Nairobi at year's end. By year's end 11,813 asylum seekers were
    registered with UNHCR in Nairobi pending refugee status determinations.
        Security concerns, including rape, banditry, and shooting, remained
    problems at both Dadaab and Kakuma refugee camps. Health and social
    workers at the camps reported that due to strong rape awareness
    programs, victims increasingly reported such incidents, resulting in
    improved access to counseling, particularly in Kakuma refugee camp.
    Capital FM, a local radio station, reported that during the year
    approximately 300 crimes in Dadaab were reported to UNHCR authorities,
    of which almost two-thirds were gender-based crimes, including 107
    cases of reported sexual violence (rape, attempted rape, sodomy, and
    defilement). Fifteen relief agencies followed a code of conduct for
    humanitarian workers to further reduce incidents of sexual abuse by
    agency staff in refugee camps.
        Other security and human rights problems affecting refugees
    included persecution of Muslim converts to Christianity; community
    pressure against opponents of FGM; forced marriage, particularly of
    young Sudanese and Somali girls; and family objections to out-of-clan
    marriage. At times these resulted in the kidnapping of spouses and
    children and domestic abuse. The UNHCR, Ministry of Internal Security,
    and the Ministry of Immigration reached an agreement to increase the
    police presence at all refugee camps, but the agreement remained
    unsigned at year's end.
        There were isolated incidents of ethnic-based violence at the
    Dadaab refugee camps. In August a 13-year-old Somali youth was found
    murdered in Dagahaley camp. In response to the gruesomeness of the
    murder, a group of Somali refugees attacked and seriously injured
    several Sudanese refugees. NGO staff and property was also attacked
    with some damage to property and minor injuries reported. The UNCHR
    removed all the Sudanese from Dagahaley to Ifo camp while tensions
    cooled. According to the UNHCR, the violence against international
    humanitarian agencies in Dadaab frequently revolved around staff
    management disputes.
        The Government required all refugees to remain at UNHCR camps,
    which were located near the country's borders with Somalia and Sudan,
    unless refugees had been granted permission to attend higher education
    institutions, receive specialized medical care outside the camp, or
    leave to avoid security threats. During the year the Garissa provincial
    commissioner began implementing a strict adherence to the rules that
    resulted in several delays in transporting refugees needing urgent
    medical attention to Nairobi for treatment.
        In 2009 the Government introduced mobile courts to serve the camp
    populations, which were fully fledged judicial courts and instrumental
    in curbing crime and violence.
        In October 2009 HRW reported the recruitment of citizens as well as
    refugees in Dadaab refugee camps by militias participating in the
    Somalia conflict. The UN Children's Fund (UNICEF) confirmed the
    reports, and the UNHCR launched an investigation. In response to its
    findings, the UNHCR distributed bulletins in the camp warning refugees
    who joined armed groups that they would be at risk of losing their
    refugee status if they left the camp to join a militia. Additionally
    the UNHCR initiated discussions with the Government to stop recruitment
    in the camps. No incidents were reported during the year.

        Stateless Persons.--In 2009 the UNHCR estimated that 100,000
    stateless Sudanese Nubians, reportedly the descendants of Sudanese
    forcibly conscripted by the British in the early 1900s, lived in the
    country. The Sudanese Nubians were not granted citizenship or
    identification documents, despite the UNHCR's conclusion that the
    Nubians qualified for citizenship under prevailing nationality law. In
    2003 the Nubians sought judicial relief from the Constitutional Court
    to be declared citizens by birth. Citizenship is determined by
    parentage, but the law also provides citizenship for Africans brought
    to the country by colonial authorities. In 2005 the Nubians filed a
    memorandum of admissibility with the African Commission on Human and
    Peoples' Rights under the African Charter on Human Rights. In 2007 the
    commission heard arguments on the admissibility of the case. The
    Government presented its arguments and filed a brief on the merits of
    the case. No further information on the case was available at year's
    end.
        According to the UNHCR, an unknown number of descendants of mixed
    Eritrean-Ethiopian marriages also were stateless. They were unable to
    obtain citizenship in either of those countries due to strong
    nationalist prejudices. Their lack of proper documentation resulted in
    difficulties in finding employment.
        In March the International Rescue Committee (IRC), the Humanitarian
    Policy Group (HPG) at the Overseas Development Institute, and the
    Refugee Consortium of Kenya released their study, Hidden and Exposed:
    Urban Refugees in Nairobi, Kenya, highlighting the vulnerability of
    urban refugees in Nairobi. The report provided a critical assessment of
    the Government's implementation of the 2006 Refugee Act, the
    ineffective roles of the DRA and the UNHCR in protecting urban
    refugees, the scarcity of assistance programs to urban refugees, and
    the lack of possibility for local integration. In recognition of the
    challenges faced by refugees in Nairobi, the UNHCR chose Nairobi as one
    of five pilot cities to implement its Global Policy on Refugees in
    Urban Areas.
        In August the Government and two foreign governments released the
    study, In Search of Protection and Livelihoods: Socio-economic and
    Environmental Impacts of Dadaab Refugee Camps on Host Communities. The
    study found that the impacts of the camps on the host communities were
    significant. They were mainly positive from an economic standpoint
    (although illicit), and resulted in a marked increase in the host
    community population from 15,000 in 1989 to 148,000 in 2010. However,
    host and refugee communities were found to overlap so closely that an
    estimated 40,500 host community members within 30 miles of the camp
    were thought to hold refugee ration cards.
    Section 3. Respect for Political Rights: The Right of Citizens to
            Change Their Government
        The constitution and law provide citizens the right to change their
    government through free and fair multiparty elections, and citizens
    exercised this right through generally free and fair local and
    legislative elections held on the basis of universal suffrage. However,
    the manner in which the 2007 presidential election results were tallied
    raised serious doubts as to whether this right was respected in
    practice on the presidential level.

        Elections and Political Participation.--In 2007 the country held
    local, parliamentary, and presidential elections. A total of 117
    parties contested local elections, presenting 15,332 candidates, and
    138 parties contested parliamentary elections, putting forth 2,548
    candidates. Nine parties nominated presidential candidates.
        Voting and counting at polling stations for the 2007 elections
    generally were conducted in accordance with democratic standards,
    although there were irregularities in both opposition and progovernment
    strongholds. International observers concluded that the tallying
    irregularities by the Election Commission of Kenya (ECK) in Nairobi
    undermined the credibility of the ECK. In December 2007 the ECK
    announced that President Kibaki won the election; violent protests
    ensued.
        A mixed Kenyan-international commission appointed in 2008 to
    evaluate the elections found that the election results were
    ``irretrievably polluted.'' The commission also reported that the
    election results, and especially the presidential election results,
    lacked integrity.
        International and local monitors reported that the election
    campaign for the 2007 elections was generally free and fair, although
    there were instances of violence between supporters of rival parties,
    especially among progovernment parties. Although the Government
    required parties to register prior to political rallies, the Government
    by and large did not interfere with party campaign activities. Police
    generally reacted professionally to instances of campaign violence.
    Text messages, pamphlets, and Web logs sometimes were used to
    disseminate hate speech that was banned under the election code of
    conduct. The KNCHR and other civil society organizations accused the
    Government of misusing state resources by providing transport and
    funding rallies and election materials for some candidates in the
    election campaign. While nearly 14.3 million citizens registered to
    vote, an independent review commission concluded that voter rolls
    contained the names of approximately 1.3 million deceased persons.
        In accordance with the National Accord, the ECK was abolished in
    2008 and an Interim Independent Electoral Commission (IIEC) was
    established in May 2009. In August 2009, the IIEC conducted two
    parliamentary by-elections, in Shinyalu and Bomachoge constituencies.
    The by-elections were deemed free and fair by domestic and
    international observers, although there were problems with the voter
    registry, and several political parties bribed voters in exchange for
    votes.
        Women's participation in electoral politics remained low; however,
    a record number of female candidates ran for parliament and for local
    office in 2007, despite harassment and attacks. Women constituted 10
    percent of all parliamentary candidates and held 21 of the 222 seats in
    parliament. Women also held seven of 40 ministerial portfolios. Six of
    the 12 nominated MPs were women.
        The new constitution provides for the representation in parliament
    of women, youth, persons with disabilities, ethnic minorities, and
    marginalized communities.
        During the year several by-elections were held, all of which were
    peaceful and undisputed.
    Section 4. Official Corruption and Government Transparency
        The law provides criminal penalties for official corruption;
    however, the Government did not implement these laws effectively, and
    officials often engaged in corrupt practices with impunity. The World
    Bank's 2009 Worldwide Governance Indicators reflected that control of
    corruption and rule of law were severe problems.
        Frequent press reports of government corruption fueled a widespread
    public perception that massive corruption persisted up to the highest
    levels of the Government and in parliament and that the Government took
    little official action against the most corrupt. The media also
    reported that several dozen police officers were arrested for petty
    corruption in the last quarter of the year.
        In September a report by the auditor general revealed that a total
    of 7.6 billion shillings ($95 million) was unaccounted for within the
    Government's ministries. The Mars Group Kenya, a local anticorruption
    NGO, teamed up with the KACC during the year to assist in the
    investigation regarding revenue leakages in government's budget.
        In October the foreign minister and his permanent secretary chose
    to step down (albeit with pay) while an investigation into the
    fraudulent sale of embassy land in Japan worth more than 1.54 billion
    shillings ($19.3 million) moved forward.
        During the year the Ministry of Local Government and City of
    Nairobi conspired to purchase a worthless plot of land, intended to be
    a cemetery, for 283 million shillings ($3.5 million). The scandal
    affected the deputy prime minister, his permanent secretary, and the
    mayor of Nairobi. The mayor was arrested in October, but the deputy
    prime minister was exonerated.
        The Public Officer Ethics Act requires office holders to disclose
    their income, assets, and liabilities, as well as that of their spouses
    and children under the age of 18. The Act, however, does not require
    public disclosure of this information, under the guise of protecting
    the office holder's privacy. The new constitution provides citizens
    with access to information held by the state and further requires that
    the state publish and publicize any important information affecting the
    nation; however, many elements of the new constitution remained
    unimplemented. In practice, important reports regarding major
    corruption scandals from the last decade have never been released to
    the public.
        In 2009 the media reported on three major corruption cases linked
    to the Government: one involving oil; one involving education; and one
    involving maize. A KACC report exonerated all of the alleged
    participants. No one had been prosecuted in any of these cases by
    year's end.
        In 2008 the KACC sued seven current and former MPs for making
    fraudulent reimbursement claims for allowances totaling 20 million
    shillings ($250,000). The case was pending at year's end.
        In 2003 the Government created the KACC and in 2004 appointed a
    director and other staff. The KACC lacks prosecutorial powers and can
    only recommend cases for prosecution to the attorney general. At the
    end of 2009/2010 fiscal year, according to the KACC, it had recommended
    461 cases for prosecution to the attorney general, including cases
    involving nine ministers, four MPs, 12 permanent secretaries, seven
    chairpersons of boards of public institutions, 67 directors and chief
    executive officers of top public institutions, and 96 other senior
    level management officers of public institutions. The attorney general
    accepted the prosecution recommendations in 391of the cases and won
    convictions in 74 of the cases, all involving low- and mid-level
    officials.
        Local anticorruption NGOs claimed that the KACC accomplished
    little, despite significant financial support provided by the
    Government. Some civil society organizations reported that the
    Government also used the commission to harass critics. Since President
    Kibaki assumed office in 2002, despite numerous scandals, no top
    officials have been prosecuted successfully for corruption.
        In August 2009 President Kibaki unilaterally reappointed Aaron
    Ringera as the head of the KACC. This action led to widespread
    criticism from parliament, society in general, the NGO community, and
    international observers, since the appointment bypassed rules that
    require a recommendation by the KACC advisory board and approval from
    parliament. Parliament subsequently passed a motion nullifying
    Ringera's reappointment, which the executive argued was not binding.
    Ringera, who was the head of the KACC since its inception and was
    widely viewed as ineffective, voluntarily resigned in September 2009.
        In July PLO Lumumba took over as head of KACC. The reinvigorated
    agency, which had begun to show signs of life in the months preceding
    his assumption of duties, continued to engage actively on corruption
    issues. In addition to prosecuting new cases of corruption, Lumumba
    promised to reopen the mega-corruption scandals of the last decade,
    including Anglo Leasing and Goldenberg.
        Widespread corruption existed at all levels of the civil legal
    system. Bribes, extortion, and political considerations influenced the
    outcomes in large numbers of civil cases.
        The chief justice dealt with complaints against specific judges and
    magistrates; most complaints were related to court management. The
    August 2009 report of a multidisciplinary task force that examined
    judicial reform recommended introduction of a permanent mechanism to
    handle complaints against the judiciary. No law was passed to establish
    such a mechanism by year's end.
        In 2008 OFFLACK noted endemic bribery in police recruitment. The
    police often recruited unqualified candidates who had political
    connections or who paid bribes, which contributed to poorly conducted
    investigations.
        Impunity was a major problem. Police officers rarely were arrested
    and prosecuted for criminal activities and corruption, or for using
    excessive force. Authorities sometimes attributed the absence of an
    investigation into corruption or an unlawful killing to the failure of
    citizens to file official complaints. However, the required complaint
    form was available only at police stations, and the public was rather
    skeptical regarding a process that assigned the investigation of police
    abuse to the police themselves.
        The Government took some steps in 2009 to curb police abuse. In May
    2009, Internal Security Minister George Saitoti inaugurated the
    National Task Force on Police Reform, an 18-member team. The task force
    was guided by the Waki and Kriegler reports and the Vision 2030 plan.
    The report was completed in October 2009, following five months of
    gathering and analyzing views from the public and security experts.
        In September 2009, President Kibaki removed Hussein Ali as police
    commissioner. Ali was identified in official reports as one of the key
    officials blocking reforms in the police force. His tenure was marred
    by extrajudicial killings of more than 500 Mungiki members in 2007 and
    brutal police killings and human rights violations during the 2008
    postelection violence. His removal was widely hailed as a positive step
    by society, the NGO community, and international observers.
        In 2008 the Ministry of Provincial Administration and Internal
    Security established a police oversight board to hear public complaints
    and recommend disciplinary actions. At year's end, the board still was
    not functional, due to a lack of political will and police concerns
    that they were not represented.
        There is no freedom of information law; however, access to
    government information, particularly through the Internet, continued to
    improve. The Government spokesman's briefings were televised, and
    updates of many government Web sites were prompt. Parliamentary debate
    continued to be televised live and broadcast via radio to the general
    public.
    Section 5. Governmental Attitude Regarding International and
            Nongovernmental Investigation of Alleged Violations of Human
            Rights
        A number of domestic and international human rights groups
    generally operated without government restriction, investigating and
    publishing their findings on human rights cases. With the exception of
    the police, government officials were usually cooperative and
    responsive to the queries of these groups. However, there were reports
    that officials also intimidated NGOs and threatened to disrupt their
    activities, and that provincial administrators and security forces
    interfered with less-established NGOs, particularly in rural areas. For
    example, in 2008 local authorities filed criminal charges against two
    persons who helped document allegations of human rights abuses against
    security forces in the Mount Elgon region. WKHRW officers fled the
    country following intimidation from local officials in 2008; however,
    they returned to the country during 2009. Human rights activists also
    claimed that security agencies conducted surveillance of their
    activities.
        In February 2009 the UN special rapporteur on extrajudicial,
    summary, or arbitrary executions visited the country to investigate
    extrajudicial killings. He released a report documenting hundreds of
    extrajudicial killings by the security forces and the existence of
    death squads. The Government rejected the report and its
    recommendations and filed a protest with the UN.
        During the year unknown persons threatened to kill the commandant
    for administration at the police training college if he cooperated with
    the ICC investigation into responsibility for the postelection
    violence. The Government initially provided him with adequate security
    but it was later withdrawn. Other potential witnesses for the ICC
    investigations also were harassed, threatened, and beaten during the
    year.
        For example, in Eldoret the spouse of a witness received 3,000
    shillings ($37.50) with a note informing her to keep the money to buy
    her husband a coffin since he was a potential witness. Some witnesses
    were bribed and promised a lavish lifestyle, while two were paid by
    politicians to confess that they were coached by KNHRC to frame William
    Ruto as one of the key organizers of postelection violence.
        In 2009 cabinet ministers, political leaders, and businessmen
    suspected of orchestrating the 2008 postelection violence allegedly
    directed gangs and security agents working on their behalf to
    intimidate and beat witnesses to the postelection violence who
    testified before the CIPEV. Although the minister of justice
    acknowledged that witnesses had been intimidated, beaten, and in some
    instances forced into hiding, neither the Ministry of Justice nor the
    Attorney General's Office took effective steps to protect the
    witnesses.
        Approximately 15 domestic organizations advocated for human rights
    in the country; 14 were independent of the Government. Several NGOs
    maintained comprehensive files on local human rights abuses. A number
    of attorneys represented the indigent and human rights advocates
    without compensation, although they could handle only a small
    percentage of those who needed assistance and were concentrated in
    Nairobi and other large cities. The Government sometimes allowed human
    rights organizations to witness autopsies of persons who died in police
    custody. The Government also permitted NGOs to provide paralegal
    services to prisoners; the KNCHR noted that reports of human rights
    abuses decreased in prisons with resident paralegals.
        NGOs monitored the 2009 and 2010 by-elections and the August 4
    constitutional referendum, in cooperation with the KNCHR and foreign
    diplomatic missions.
        A number of human rights organizations, including the Kenya Human
    Rights Commission, the IMLU, and the KNCHR, produced reports
    cataloguing human rights abuses. The KNCHR has the status of an appeals
    court and can issue summonses, order the release of prisoners, and
    require compensation for human rights abuses. However, the Government
    routinely ignored the KNCHR's summonses and orders (see section 1.e.).
        As required by the National Accord, in July 2009 the Government
    established the TJRC to investigate politically and ethnically
    motivated human rights abuses since independence. The TJRC had not held
    any hearings by year's end.
        During the year Chairman Bethwel Kiplagat was forced to step down
    for investigation for his role in the 1984 Wagalla Massacre when he was
    the permanent secretary of foreign affairs. It was alleged that he
    lacked credibility and needed to be investigated. Vice Chair Betty
    Murungi also resigned. During the year the TJRC carried out visits to
    the Mount Elgon region where members of the Saboat Land Defence Force
    were executed and beaten by the military personnel deployed to
    undertake the exercise. The TJRC also carried out visits in other parts
    of the country to discuss issues on historical injustice.
    Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
        The constitution and law prohibit discrimination based on race,
    sex, pregnancy, marital status, health status, ethnic or social origin,
    color, age, disability, religion,
        conscience, belief, culture, dress, language or birth. Government
    authorities did not enforce effectively many of these provisions. There
    was also evidence that some government and opposition officials
    tolerated, and in some instances instigated, ethnic violence. The law
    criminalizes homosexual activity.

        Women.--The law criminalizes rape, defilement, sex tourism, and
    sexual harassment; however, implementation remained limited, and as
    many as 95 percent of sexual offenses were not reported to the police.
    The law does not specifically prohibit spousal rape.
        The law provides a maximum penalty of life imprisonment for rape,
    although sentences usually were no longer than the minimum of 10 years.
    NGO activists complained that a provision in the law that criminalized
    false claims of sexual assault deterred the reporting of sexual
    offenses.
        In 2008 official police statistics indicated 627 rapes during the
    year, but human rights groups estimated that more than 21,000 rapes
    were perpetrated annually. The rate of reporting and prosecution of
    rape remained low because of the police practice requiring that
    survivors be examined by a police physician; cultural inhibitions
    against publicly discussing sex; survivors' fear of retribution; police
    reluctance to intervene, especially in case cases where family members,
    friends, or acquaintances were accused of committing the rape; poor
    training of prosecutors; and the unavailability of doctors who might
    provide the evidence necessary for conviction.
        According to NGOs police procedures in handling cases of rape and
    sexual assault created substantial barriers to the investigation and
    prosecution of suspected perpetrators of rape and sexual assault.
    Police prosecutors required survivors of sexual assault to be examined
    by a police physician prior to the initiation of an investigation and
    required the same physician to testify during trial. As of the end of
    2009, there was only one police physician in Nairobi, and police
    physicians were generally not present in rural areas. The police
    physician in Nairobi frequently issued examination reports that
    conflicted with the findings of other medical professionals, was often
    not available to conduct exams, and frequently failed to appear in
    court. As a result numerous alleged cases of sexual violence were not
    investigated by the police, and numerous cases were dismissed from
    court due to the absence of the police physician.
        The Government did not investigate or prosecute reported incidents
    of widespread sexual violence following the disputed election in 2008.
    There were national guidelines on the management of sexual violence
    under the Ministry of Public Health, but the implementation mechanisms
    remained weak. The police lacked the capacity to handle most cases
    including handling specimens from victims.
        Domestic violence against women was a serious and widespread
    problem but often was condoned by society and the courts. The penal
    code does not contain specific provisions against domestic violence but
    treats it as assault. Police generally refrained from investigating
    cases of domestic violence, which they considered a private family
    matter. The 2008-09 Kenya Demographic and Health Survey found that 39
    percent of women had been the victims of domestic physical or sexual
    abuse. NGOs, including the Law Society of Kenya and FIDA, provided free
    legal assistance to some victims of domestic violence. FIDA research
    undertaken during the year indicated that 83 percent of women and girls
    in the country reported one or more episodes of physical abuse.
        The law prohibits sexual harassment; however, sexual harassment
    continued to be a problem. It was often not reported and rarely
    resulted in charges being filed.
        Subsidized contraception options, including condoms and birth
    control pills, were widely available to both men and women throughout
    the country, although access was more difficult in rural areas. Skilled
    obstetric and postpartum care was available in major hospitals, but
    many women were unable to access or afford these services. According to
    UN estimates, the maternal mortality ratio in 2008 was 530 deaths per
    100,000 live births.
        The Government and private organizations supported a network of
    more than 8,000 counseling and testing centers providing free HIV/AIDS
    diagnosis. Diagnosis of other sexually transmitted infections was
    available through hospitals and clinics throughout the country. HIV/
    AIDS carried social stigma, and many citizens avoided testing due to
    social pressure.
        The law provides equal rights to men and women and specifically
    prohibits discrimination on grounds of gender; however, women
    experienced a wide range of discrimination in matrimonial rights,
    property ownership, and inheritance rights. Women constituted an
    estimated 75 percent of the agricultural work force and were active in
    urban small businesses. The average monthly income of women was
    approximately two-thirds that of men. Women held only 6 percent of land
    titles; under traditional law, women in many ethnic groups could not
    own land. Women had difficulty moving into nontraditional fields, were
    promoted more slowly, and were more likely to be laid off. Societal
    discrimination was most apparent in rural areas. Women also faced
    discrimination in access to employment and to credit. The justice
    system--particularly customary law--often discriminated against women,
    limiting their political and economic rights and relegating them to
    second-class citizenship.
        The Law of Succession, which governs inheritance rights, provides
    for equal consideration of male and female children but terminates the
    inheritance rights of widows if they remarry. Moreover, a widow cannot
    be the sole administrator of her husband's estate unless she has her
    children's consent. The law also allows the Ministry of Justice to
    exempt certain communities from the law in deference to tradition,
    which in some cases, provides for equal distribution of a man's
    property only among his sons. The law allows only males to transmit
    citizenship automatically to their spouses and children.
        Certain communities commonly practiced wife inheritance, in which a
    man inherits the widow of his brother or other close relative,
    regardless of her wishes. Other forced marriages were also common.
    Although poor and uneducated women were more likely to be inherited or
    suffer from property and inheritance discrimination, prominent and
    educated women sometimes were victims.

        Children.--Citizenship is determined by parentage. Lack of official
    birth certificates resulted in discrimination in delivery of public
    services such as education and health care.
        Primary and secondary education was tuition-free (although
    secondary enrollment was limited to students who obtained high scores
    on standardized primary exams); however, classes were overcrowded due
    to insufficient teachers and an inadequate budget. Rural families were
    more reluctant to invest in educating girls than boys, particularly at
    higher levels.
        During the year more than 500 teachers were fired following reports
    of professional misconduct, including sexual acts with students that
    resulted in pregnancy in some cases. However, only approximately 30
    cases appeared before the courts due to bribery.
        A report released in November 2009 by the Teachers Service
    Commission found that 12,660 female students were sexually abused by
    teachers from 2003 to 2007.
        In 2008 the Centre for the Study of Adolescence reported that
    between 10,000 and 13,000 girls dropped out of school annually due to
    pregnancy. While the Education Act gave pregnant girls the right to
    continue their education until and after giving birth, NGOs reported
    that schools often did not respect this right and that schoolmasters
    sometimes expelled pregnant girls.
        In 2008 the Ministry of Education estimated that 80,000 children
    dropped out of school annually due to forced marriages and child labor.
    Cherish Others, a local NGO, reported 30 cases of child marriage in
    TransMara District in 2009 but also noted that local officials had
    managed to prevent many more child marriages. In 2008 UNICEF reported
    that nine out of 10 children from poor households failed to complete
    primary education.
        The Government ordered provincial administrators to arrest parents
    who did not take or send their children to school. However, this law
    was not enforced uniformly.
        The Government banned corporal punishment in schools; however,
    there were reports that corporal punishment occurred throughout the
    year.
        The law prohibits FGM under the age of 18 but it was practiced,
    particularly in rural areas. FGM usually was performed at an early age.
    According to UNICEF, one-third of women between the ages of 15 and 49
    had undergone FGM, and in June 2009 an obstetrician estimated that 32
    percent of women had suffered from the procedure. Of the country's 42
    ethnic groups, only four (the Luo, Luhya, Teso, and Turkana, who
    together constituted approximately 25 percent of the population) did
    not traditionally practice FGM. According to the Ministry of Gender and
    Children Affairs, in 2008 90 percent of girls among Somali, Kisii,
    Kuria, and Maasai communities had undergone the procedure. The rates
    among other communities were: Taita Taveta (62 percent); Kalenjin (48
    percent); Embu (44 percent); Meru (42 percent); Kamba (37 percent); and
    Kikuyu (34 percent). There were public awareness programs to prevent
    the practice, in which government officials often participated.
        Some churches and NGOs provided shelter to girls who fled their
    homes to avoid FGM, but community elders frequently interfered with
    attempts to stop the practice. Various communities and NGOs instituted
    ``no cut'' initiation rites for girls as an alternative to FGM.
        In August 2009 two girls were forcibly circumcised against their
    will in Narok, after previously fleeing threats of FGM by their
    families.
        Child rape and molestation continued to be serious problems. Police
    reported that 1,626 children were defiled in 2008. The law establishes
    a minimum sentence for defilement--defined as a sexual act with a child
    involving penetration--of life imprisonment if the child is under 11
    years old, of 20 years if the child is between 11 and 16 years old, and
    of 10 years if the child is between 16 and 18 years old; a child is any
    person under 18 years of age. Newspapers contained frequent reports of
    molestation or rape of children by relatives, neighbors, teachers,
    police, and clergy. NGOs The CRADLE and Care Kenya released a 2006
    report entitled Robbing the Cradle that indicated an increase in child
    sexual abuse and a decrease in the age of the youngest victims. The
    most vulnerable victims were girls under age 18 and boys aged three to
    eight. Most child abusers were neighbors, fathers, and other relatives.
    Teachers were the worst perpetrators in the professional category, with
    pastors and police officers following closely.
        There were no developments in the following 2008 cases: the alleged
    impregnation of four primary school students in Homa Bay by a teacher,
    and a Nairobi teacher arrested for defiling a two-year-old boy.
        Media reported discrimination against uncircumcised boys.
        Newspapers frequently highlighted the problem of child marriages,
    which was commonly practiced among certain ethnic groups. According to
    UNICEF, 25 percent of young women had been married as children. The
    Marriage Act forbids marriage under the age of 16, but the Mohammedan
    Marriage and Divorce Act allows Muslim girls to marry at puberty. If a
    marriage is entered into under the provisions of the act, any court
    hearing matters related to the marriage applies the provisions of that
    act when deciding the case.
        Child prostitution increased in recent years due to both poverty
    and the increase in the number of children orphaned by HIV/AIDS. Strong
    growth in the tourism industry also led to a large increase in foreign
    and domestic tourists seeking sex with underage girls and boys.
    Political leaders expressed concern that minors in drought-affected
    communities were leaving school and being lured to prostitution to
    address their basic needs.
        There were reports of children joining gangs and militia and of the
    Mungiki gang recruiting young boys from schools. In 2009 armed groups
    operating in Somalia, particularly the Al Shabaab militia and militias
    supporting the Transitional Federal Government, allegedly recruited
    minors from North Eastern Province and refugee camps in the country to
    fight in Somalia.
        Poverty and the spread of HIV/AIDS continued to intensify the
    problem of child homelessness. In 2007 the Government began a pilot
    program to place two million AIDS orphans with families in 20
    districts. In 2007 the program placed 5,000 children in homes. Street
    children faced harassment and physical and sexual abuse from police and
    others, and within the juvenile justice system.
        The Government operated programs to place street children in
    shelters and assisted NGOs in providing education, skills training,
    counseling, legal advice, and medical care to girls abused in, and
    street children exploited in the commercial sex industry.

        International Child Parental Abductions.--Kenya is not a party to
    the 1980 Hague Convention on the Civil Aspects of International Child
    Abduction. For information on international parental child abduction,
    please see the Department of State's annual Report on Compliance with
    the Hague Convention on the Civil Aspects of International Child
    Abduction at http://travel.state.gov/abduction/resources/
    congressreport/congressreport--4308.html as well as country-specific
    information at http://travel.state.gov/abduction/country/country--
    3781.html

        Anti-Semitism.--The Jewish community was very small, and there were
    no reports of anti-Semitic acts.

        Trafficking in Persons.--For information on trafficking in persons,
    please see the State Department's annual Trafficking in Persons Report
    at www.state.gov/g/tip.

        Persons With Disabilities.--The law prohibits discrimination
    against persons with physical or mental disabilities in employment,
    education, access to health care, or the provision of other state
    services; however, the Government did not effectively enforce these
    provisions. The Ministry of Health is the lead ministry responsible for
    implementing the law, but implementation was slow. The Government
    equipped some public buildings with wheelchair ramps, and wheelchair-
    accessible elevators and sanitary facilities. The Government assigned
    each region a sign-language interpreter for court proceedings.
        Provisions for persons with disability existed but not in all
    polling stations. During the most recent by-elections the Kenya Society
    for the Mentally Handicapped (KSMH) and the Disabled Voters of Kenya
    Alliance worked closely with the IIEC to ensure that all persons were
    able to cast their votes.
        In 2008 the KNCHR ordered the Kenya Commercial Bank (KCB) to
    reinstate an employee who had been terminated due to mental illness.
    The KCB filed a suit objecting to the judicial powers held by the
    KNCHR; the Attorney General's Office supported the KCB's claims. The
    court issued an injunction against further intervention which barred
    future action from the KNCHR in employee rights matters.
        NGOs reported that persons with disabilities were affected
    disproportionately by postelection violence, especially in IDP camps.
    However, NGOs reported that camp administrators often failed to
    recognize those with mental disabilities.
        The education ministry permanent secretary stated that only 35,000
    of the 147,000 children with special needs were enrolled in school,
    while the KNCHR commissioner contended that fewer than 10 percent of
    children with special needs were enrolled in school.
        The KNCHR also stated that the Kenya National Examination Council
    (KNEC) failed to provide adequate testing facilities and resources for
    students with disabilities. The KNEC claimed that it provided special
    accommodations, such as exams in Braille and in large print for
    visually impaired candidates, and extra time to complete exams. The
    Government was developing disability-specific curricula, but the
    process was slow because the Government failed to allocate sufficient
    resources and staff.

        National/Racial/Ethnic Minorities.--The population is divided into
    approximately 42 ethnic groups, among which discrimination and
    occasional violence were frequent. The 2009 census released in August
    revealed that the top ethnic communities were: Kikuyu at 6.6 million,
    Luhya at 5.3 million, the Kalenjin at 5 million, Luo at 4 million,
    Kamba, at 3.9 million, Kenyan Somali at 2.3 million, Kisii at 2.2
    million, and Mijikenda at 1.9 million. The Kikuyu and related groups
    dominated much of private commerce and industry and often purchased
    land outside their traditional home areas, which sometimes resulted in
    fierce resentment from other ethnic groups. The numerically small and
    shrinking South Asian community controlled a disproportionate share of
    commerce.
        There was frequent conflict, banditry, and cattle rustling among
    Somali, Turkana, Gabbra, Borana, Samburu, Rendille, and Pokot ethnic
    groups in arid regions located in North Eastern, Eastern, and Rift
    Valley provinces. In 2009 intervention by security forces to reclaim
    stolen cattle resulted in police expropriating cattle that had not been
    stolen, which inflamed ethnic tension.
        The Government did not investigate alleged abuses committed in 2008
    by security forces searching for illegal weapons in El Wak, Garri, and
    Mandera.
        During the year some of the communities, especially the Turkhana
    and the Pokot, felt that the Government applied selective disarmament.
    There were general complaints that the neighboring communities were
    rearming while others were being disarmed. Cattle rustling was rampant,
    and during the year several people were killed in Turkhana and Samburu.
        In 2008 the Government established the CIPEV; it issued a report
    that called for the establishment of a special tribunal to try
    suspected organizers of postelection violence. On December 15, the ICC
    prosecutor announced he was asking a pretrial chamber to issue
    summonses to six persons who allegedly committed crimes against
    humanity during in the postelection violence. The six named were:
    former minister of higher education William Ruto; former minister of
    industrialization Henry Kosgey; Head of Operations KASS FM radio
    station Joshua Sang; Secretary to the Cabinet Francis Muthaura, Deputy
    Prime Minister and Finance Minister Uhuru Kenyatta, and former police
    commissioner Mohamed Ali.
        Through the provincial administrations, the Government held public
    meetings to promote reconciliation in communities affected by the
    postelection violence and to establish a forum for dialogue and
    peaceful resolution of conflicts. NGOs reported that implementation of
    reconciliation efforts was not uniform.
        Many factors contributed to interethnic conflicts: long-standing
    grievances over land tenure policies and competition for scarce
    agricultural land, the proliferation of guns, the commercialization of
    traditional cattle rustling, the growth of a modern warrior/bandit
    culture (distinct from traditional culture), ineffective local
    political leadership, diminished economic prospects for groups affected
    by a severe regional drought, political rivalries, and the inability of
    security forces to adequately quell violence. Conflict between land
    owners and squatters was particularly severe in Rift Valley and Coast
    provinces, while competition for water and pasturage was especially
    serious in the northern districts of Rift Valley and Eastern provinces
    and in North Eastern Province.
        In private business and in the public sector, members of nearly all
    ethnic groups commonly discriminated in favor of other members of the
    same group. Some neighborhoods, particularly in slum areas of the
    capital, tended to be segregated ethnically, although interethnic
    marriage had become fairly common in urban areas.

        Societal Abuses, Discrimination, and Acts of Violence Based on
    Sexual Orientation and Gender Identity.--The penal code criminalizes
    ``carnal knowledge against the order of nature,'' which is interpreted
    to prohibit homosexual activity and specifies a maximum penalty of 14
    years' imprisonment. A further statute specifically criminalizes male-
    to-male sex and specifies a maximum penalty of 21 years' imprisonment.
    However, there were no reported prosecutions of individuals for sexual
    orientation or homosexual activity during the year.
        Lesbian, gay, bisexual, and transgender (LGBT) advocacy
    organizations, such as the Gay and Lesbian Coalition of Kenya (GALCK),
    were permitted to register and conduct activities. There was frequent
    and widespread societal discrimination based on sexual orientation
    during the year.
        For example, during the year persons put up ``not wanted'' posters
    of the GALCK president and other LGBT activists around Nairobi. The
    posters also had bible verses depicting homosexuality as a sin.
        On February 12, near Mombasa, an armed mob of between 200 and 300
    persons surrounded KEMRI. Police arrived, took two KEMRI employees into
    custody for their protection but did not arrest members of the mob (see
    section 1.c.). Over the next week, mobs in the same area attacked and
    beat other persons suspected of being gay.

        Other Societal Discrimination.--There was societal discrimination
    against persons with HIV/AIDS during the year. Stigmatization of HIV/
    AIDS made it difficult for many families to acknowledge that a member
    was HIV-positive, and no socially or politically prominent individual
    admitted being HIV-positive. However, there were fewer reports of
    violence against persons with HIV/AIDS.
        The Ministry of Defense arranged for uniformed personnel, their
    families, and some local persons to have access to HIV counseling and
    testing, prevention programs, and antiretroviral treatment during the
    year.
        The Government worked in cooperation with international donors on
    programs for HIV/AIDS prevention and treatment. This cooperation
    enabled a continued expansion of counseling and testing as well as care
    and treatment. These developments were seen as key to reducing stigma
    and discrimination.
        Organizations representing persons with albinism claimed that they
    suffered widespread discrimination. There were no reported developments
    in the 2008 case in which a child with albinism was killed in Namanga.
    Section 7. Worker Rights

        a. The Right of Association.--The law provides that all workers,
    including those in the export processing zones (EPZs), are free to form
    and join unions of their choice, and workers exercised this right in
    practice. Workers numbering seven or more in an enterprise have the
    right to form a union by registering with the trade union registrar. If
    the registrar denies registration, a union may appeal to the courts.
    The armed forces, police, prisons service, and the administration
    police are explicitly prohibited from forming or joining unions. There
    were 33 unions affiliated with the Central Organization of Trade Unions
    (COTU) and four unions that were not COTU affiliates. These unions
    represented an estimated 1.5 million workers, reflecting a steady
    increase over the past two years. After the postelection violence,
    worker displacement and other barriers that kept workers away from
    their places of employment and union membership declined. The increase
    in membership was a result of concentrated organizing efforts and
    outreach to women, youth, and nontraditional sectors. The law allows
    unions to conduct their activities without government interference,
    including the right to strike, but this right was not always protected.
        The law permits workers to strike, but requires formal conciliation
    procedures to have been exhausted and seven days' notice to both the
    Government and the employer. The law permits the Government to deny
    workers the right to strike under certain conditions. For example,
    members of the military, police, prison guards, and the National Youth
    Service are prohibited from striking. Other civil servants are allowed
    to strike following the seven-day notice period.
        During the year union leaders were arrested and threatened for
    defending the rights of workers on tea plantations. On October 18,
    approximately 80,000 workers went on strike over the use of tea
    plucking machines by six multinational companies which they claimed
    could cost them their jobs. Workers from the Kenya Plantation and
    Agricultural Worker's Union, who initiated industrial actions, were
    arrested and some reported being tortured. Workers ended their two-week
    strike after a court order which urged workers to negotiate with tea
    firms to resolve concerns over the use of tea plucking machines.
        The Ministry of Labor typically referred disputes to mediation,
    fact-finding, or binding arbitration at the Industrial Court; during
    mediation any strike is illegal, thus removing legal prohibitions on
    employer retaliation against strikers. In practice a Ministry of Labor
    referral to dispute resolution nullifies the right to strike.

        b. The Right to Organize and Bargain Collectively.--While not
    having the force of law, the Industrial Relations Charter (IRC),
    implemented by the Government, the COTU, and the Federation of Kenya
    Employers, gives workers the right to engage in legitimate trade union
    organizational activities, and the Government protected these rights.
    Both the Trade Disputes Act and the IRC authorize collective bargaining
    between unions and employers, and unions and management establish
    negotiated wages and conditions of employment.
        Security forces cannot bargain collectively but have an internal
    board that reviews salaries. Other groups that cannot bargain
    collectively, such as health sector workers, have associations, not
    unions, which negotiate wages and conditions that match the
    Government's minimum wage guidelines; however, these agreements were
    not legally enforceable. Workers in the military, prisons, the National
    Youth Service, and teachers under the Teachers' Service Commission do
    not have the right to bargain collectively. The law allows employers in
    some industries to dismiss workers regardless of the provisions of
    their collective bargaining agreements.
        During the year NGOs and trade unionists reported a growing trend
    towards the elimination of permanent positions in favor of casual or
    contract labor, especially in the EPZ, agricultural, and manufacturing
    sectors. In many cases the job was permanent, but an employer staffed
    the position with rotating contract workers. This practice held at the
    management level as well where employers hired individuals as
    management trainees and kept them in this position for the maximum time
    of three years. At the end of this time, instead of converting this
    worker to permanent staff, the person was then replaced by another
    trainee. In the banking sector and other commercial industries, there
    were reports that casual workers were replaced when they expressed
    interest in joining a union. One report stated that casual employment
    grew by 13 percent in 2009, accounting for 32 percent of total wage
    employment.
        Except for the Factories Act, all labor laws apply in the EPZs;
    however, the EPZ Authority and the Government granted many exemptions
    to applicable laws. For example, the Government waived a provision of
    the law that prevents women from working in industrial activities at
    night. The Tailors and Textiles Workers Union claimed that a number of
    garment producers in the EPZs refused to recognize the union and
    resisted its efforts to organize their workers. The law prohibits
    employers from intimidating workers; however, some antiunion
    discrimination occurred, including in garment plants in the EPZs. The
    Industrial Court, a body of up to five judges appointed by the
    president, can order reinstatement and damages in the form of back pay
    for employees wrongfully dismissed for union activities. Workers have
    been fired for participating in trade union activities, especially in
    export processing zones. COTU reported more than 1,000 cases where
    workers were fired for participating in union activities across various
    sectors. In addition to the EPZ, there were many reports that workers
    in Nairobi's industrial zone were also dismissed. This practice
    appeared to be more common in the urban areas, although there were also
    reports that workers were fired on flower farms where managers insisted
    that workers do not join unions.
        The Government voiced its support for union rights but did not
    protect them fully. Some unions complained that employers resisted
    efforts to establish unions in their factories, even where most workers
    indicated a desire for union membership, and that the Industrial Court
    and Ministry of Labor and Human Resources Development were ineffective
    in compelling employers to comply with the law.
        In 2008 the Government strengthened the labor dispute system by
    giving the Industrial Court the ability to enforce its decisions.
    However, during the year union leaders reported that employers often
    did not comply with reinstatement orders, and workers often accepted
    payment in lieu of reinstatement. Most employers did not comply with
    the reinstatement orders. In several cases, employers took the
    industrial court decision to the High Court which reversed the
    decision. The enforcement mechanisms of the industrial court remain
    weak.

        c. Prohibition of Forced or Compulsory Labor.--The law prohibits
    slavery, indentured servitude, and forced and bonded labor, including
    by children, but such practices reportedly occurred. Women, children,
    and men were trafficked for commercial sexual exploitation and labor.
    During the year there were reports of forced labor and child labor in
    domestic service, street vending, child prostitution, subsistence and
    commercial agriculture, and mining. Children primarily work in the
    informal sector. Commercial sexual exploitation was widespread,
    particularly in the coastal areas.
        Forced child labor occurred. See also the Department of State s
    annual Trafficking in Persons Report at www.state.gov/g/tip.

        d. Prohibition of Child Labor and Minimum Age for Employment.--The
    law prohibits all forms of child labor that are exploitive, hazardous,
    or would prevent children under age 16 from attending school. However,
    child labor was widespread, particularly in the informal sector, and
    children were trafficked for commercial sexual exploitation and labor.
    An estimated one million children between five and 17 years of age--
    most between 13 and 17 years old--worked.
        The 2005 Kenya Integrated Household Budget survey indicated that
    951,273 children below the age of 18 were employed: 79.9 percent worked
    in agriculture and 11.6 percent worked in domestic services. While
    there were no recent official statistics, the Ministry of Gender,
    Children Affairs and Social Development and NGOs focused on child labor
    problems where the number of children engaged in child labor had
    sharply risen to an estimated 2 million children. The increase was
    attributed to increasing economic hardship where families relied more
    on children to earn wages to support the households. The employment of
    children in the formal industrial wage sector in violation of the
    Employment Act was rare. Children worked primarily in the informal
    sector, which was difficult to monitor and control. The Ministry of
    Labor and Human Resources Development nominally enforced the minimum
    age statute. The ministry remained committed to enforcing minimum age
    statutes, but implementation remained problematic due to resource
    constraints.
        Children under age 13 are prohibited from working, and children
    between 13 and 16 years of age may perform only ``light work'' that is
    not harmful to their health or development and does not interfere with
    their schooling. However, the law does not apply minimum age
    restrictions to children serving as apprentices under the terms of the
    Industrial Training Act. Persons under age 18 may not be employed in
    any industrial undertaking at night, employment should not cause
    children to reside away from parents without their approval, and
    permission to work in a bar, hotel, or restaurant requires annually
    renewed consent from the labor commissioner.
        The law prohibits the employment of a child (defined as a person
    under the age of 18) in any activity that constitutes a worst form of
    child labor and provides fines for employing children in such
    activities of up to 200,000 shillings ($25,000) and/or imprisonment for
    up to 12 months. The penal code prohibits procurement of a girl under
    age 21 for unlawful sexual relations and criminalizes child commercial
    sexual exploitation, child labor, and the transport of children for
    sale.
        Many children worked on family plots or in family units on tea,
    coffee, sugar, and rice plantations. Children also worked in mining,
    including abandoned gold mines and small quarries, breaking rocks and
    sifting through tailings. Children often worked long hours as domestic
    servants in private homes for little or no pay, and there were reports
    of physical and sexual abuse of child domestics. The Ministry of
    Gender, Children Affairs and Social Development and the NGO Eradicate
    Child Prostitution in Kenya estimated that 30,000 of these children
    were exploited in the sex industry every day. Forced or compulsory
    labor by children, such as agricultural labor, prostitution, and
    domestic servitude sometimes were initiated by their parents. During
    the year, there were reports that children participated in ethnic-based
    militia activity.
        The Government worked closely with the COTU and the International
    Labor Organization to eliminate child labor. In 2004 the Government
    prepared a practical guide to labor inspection and trained labor
    inspectors and occupational health and safety officers to report on
    child labor. The National Steering Committee on the Elimination of
    Child Labor, which includes the attorney general, eight ministries,
    representatives of child welfare organizations, other NGOs, unions, and
    employers continued to operate and met quarterly. An Interministerial
    Coordination Committee on Child Labor, chaired by the minister for
    gender, children's affairs, and social development, was responsible for
    setting general policy.
        Many NGOs were active on child labor issues and assisted in the
    return to school of child laborers. During the year the Government
    continued to implement a multitude of programs for the elimination of
    child labor with dozens of partner agencies. The partners placed the
    children in schools, vocational training institutions, and
    apprenticeships and supported income-generating activities for
    thousands of parents. Partners also provided support to schools for
    income-generating activities to help keep children from poor families
    in school.
        UNICEF, the Ministry of Tourism and Wildlife, the World Tourism
    Organization, and NGOs continued to work with the Kenya Association of
    Hotelkeepers and Caterers, a representative body of hotels and tour
    operators, to increase their awareness of child prostitution and sex
    tourism. The association encouraged all hospitality-sector businesses
    to adopt and implement the code of conduct developed by the NGO End
    Child Prostitution and Child Pornography and Trafficking of Children
    for Sexual Purposes. During the year the majority of hotels on the
    coast had signed the NGO's code of conduct and continued to self-
    regulate through the Kenya Association of Hotelkeepers and Caterers.
    The Ministry of Tourism and Wildlife continued to register villas and
    cottages and impose the same requirements as on hotels. During the year
    the cabinet approved a new tourism bill that would establish a
    regulatory authority to oversee all hotels, villas and cottages,
    including their adherence to the code of conduct. At year's end, the
    bill remained in parliament.
        During the year the Child Protection Department employed a total of
    450 children's officers, an increase in the number of officers. Also
    during the year the Government's cash transfer program for orphans and
    vulnerable children expanded to cover 47 districts and to reach an
    estimated 100,000 beneficiaries. It was cofunded by the Government and
    development partners. The beneficiaries each received 3000 shillings ($
    39) per month, a 50 percent increase in the cash payment received by
    each family since last year. There were an average of three orphans and
    vulnerable children in each beneficiary household who directly
    benefitted from the program.

        e. Acceptable Conditions of Work.--Regulation of wages is part of
    the Labor Institutions Act, and the Government established basic
    minimum wages by occupation and location, setting a minimum bar for
    monthly, daily, and hourly work in each category. In many industries,
    workers were paid the legal minimum wage; however, in most cases these
    wages were far outpaced by the cost of living. The lowest legal urban
    minimum wage was 6,743 shillings (approximately $85) per month, and the
    lowest agricultural minimum wage for unskilled employees was 2,536
    shillings ($35) per month, excluding housing allowance. During the year
    the Productivity Center of Kenya, a tripartite institution including
    the Ministry of Labor, the Federation of Kenyan Employers, and the
    COTU, continued to set wage guidelines for various sectors based on
    productivity, inflation, and cost of living indices. While the center
    continued to set guidelines, it did not have the personnel with
    sufficient expertise to gain the respect of industry. Many employers
    did not obey the center's recommendations. The minimum wage did not
    provide a decent standard of living for a worker and family. Most
    workers relied on second jobs, subsistence farming, other informal
    work, or the extended family for additional support. A large percentage
    of the labor force worked in the informal sector and was not covered by
    these provisions.
        The law limits the normal workweek to 52 hours (60 hours for night
    workers); some categories of workers had lower limits. The law
    specifically excludes agricultural workers. An employee in the
    nonagricultural sector is entitled to one rest day per week, and there
    are provisions for 21 days of combined annual and sick leave. The law
    also requires that total hours worked (regular time plus overtime) in
    any two-week period not exceed 120 hours (144 hours for night workers).
    The Ministry of Labor and Human Resources Development was responsible
    for enforcing these regulations. Violations were reported during the
    year. Workers in some enterprises, particularly in the EPZs and road
    construction, claimed that employers forced them to work extra hours
    without overtime pay to meet production targets. In addition employers
    often did not provide nighttime transport, leaving workers vulnerable
    to assault, robbery, and sexual harassment. During the year trade
    unionists complained that some government labor inspectors were bribed
    by employers to avoid penalties for labor violations. The extremely low
    salaries and the lack of vehicles, fuel, and other resources made it
    very difficult for labor inspectors to do their work and left them
    vulnerable to bribes and other forms of corruption. Employers in all
    sectors routinely bribed labor inspectors to prevent them from
    reporting infractions, especially in the area of child labor.
        Labor laws require two weeks' paternity leave, three months'
    maternity leave with full pay, and compensate both public and private
    employees for work-related injuries and diseases contracted at work.
    However, in 2008 employers challenged the workers' compensation
    provisions in court. At year's end, the case continued.
        The law detailed environmental, health, and safety standards;
    however, the Government did not effectively enforce the law. Fines
    generally were too low to serve as a deterrent to unsafe practices.
    EPZs are excluded from the Factory Act's provisions. The Ministry of
    Labor's Directorate of Occupational Health and Safety Services (DOHSS)
    has the authority to inspect factories and work sites, except in the
    EPZs; it employed 79 inspectors, far short of the 168 reportedly needed
    to inspect factories adequately and enforce its safety and health
    orders. No new inspectors were hired since 2007. During the year the
    DOHSS had a target of 4,840 inspections, carried out 4,000 inspections
    and prosecuted 100 companies for violating occupational health and
    safety regulations. There continued to be widespread hazards, such as
    lack of basic safety equipment and emergency escape routes in many
    companies. During the year labor unions and NGOs continued to criticize
    health and safety conditions in the EPZs and other sectors, such as
    small horticultural producers.
        DOHSS health and safety inspectors can issue notices against
    employers for practices or activities that involve a risk of serious
    personal injury. Such notices can be appealed to the Factories Appeals
    Court, a body of four members, one of whom must be a high court judge.
    The law stipulates that factories employing 20 or more persons should
    have an internal health and safety committee with representation from
    workers. The DOHSS developed a program to help factories establish the
    committees and trained them to conduct safety audits and submit
    compliance reports to the DOHSS. According to the Government, most of
    the largest factories had instituted health and safety committees by
    year's end.
        Workers, including foreigners and immigrants, theoretically have
    the right to remove themselves from situations that endanger health or
    safety without jeopardy to their employment; however, this right was
    not enforced effectively, and workers were reluctant to do so due to
    risk of losing their jobs.

                                   __________

                                    LESOTHO

        Lesotho is a constitutional monarchy with a population of 1.88
    million. Under the constitution, the king is head of state but does not
    actively participate in political activities. The prime minister is
    head of government and has executive authority. In the 2007 election,
    the governing Lesotho Congress for Democracy (LCD) party retained a
    majority of seats in the legislature; domestic and international
    observers characterized the election as free and peaceful. Other
    observers, including members of the leading opposition parties and some
    nongovernmental organizations (NGOs), stated it was not entirely fair.
    Issues from the 2007 election were still contested and remained the
    greatest source of political conflict between the ruling and opposition
    parties. Security forces reported to civilian authorities, but there
    were instances in which elements of the security forces acted
    independently of civilian control.
        The following human rights abuses were reported: killings, torture,
    and abuse by police; mob violence; poor prison conditions; lengthy
    pretrial detention, and long trial delays. Societal abuses included
    abuse of spouses and children; sexual abuse; restrictions on women's
    rights; discrimination against women; stigmatization of persons with
    disabilities and HIV/AIDS; and child labor.
                            respect for human rights
    Section 1. Respect for the Integrity of the Person, Including Freedom
            From:

        a. Arbitrary or Unlawful Deprivation of Life.--The Government or
    its agents did not commit any politically motivated killings during the
    year; however, security forces killed persons during the year.
        According to the Inspectorate for Complaints and Discipline (ICD),
    which monitors and investigates reports of police abuse, three persons
    died in police custody during the year.
        For example, in July a 25-year-old prisoner was found dead in his
    cell at Leribe police station. According to police spokesperson Masupha
    Masupha, police ``suspect that some police officers could have
    contributed to the man's death through torture.'' Investigation results
    were not disclosed.
        According to the Police Complaints Authority (PCA), an independent
    oversight body that monitors police behavior and addresses grievances
    against police, there were six alleged murder cases during the year
    involving police. Investigations 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.--Although the constitution and law expressly prohibit such
    practices, there were reports of police torture and abuse.
        Between January and September, the PCA received a total of 10
    reports of torture/assault by police. These included allegations that
    police assaulted Ha Tsae villagers, unlawfully arrested and assaulted a
    suspect, tortured a suspect, received a bribe, unlawfully confiscated
    and then damaged two vehicles, delivered services poorly at Morija, and
    damaged property. Two of the 10 cases were sent to court, and eight
    were under investigation at year's end. The process of enforcing police
    accountability was slow, but internal affairs organs prosecuted some
    members of the security forces. More serious offenses, such as murder,
    were sent to the High Court via the Office of the Director of Public
    Prosecutions.
        In February Maseru police reportedly handcuffed and repeatedly
    asphyxiated post office manager Taele Mohale with a plastic bag. Mohale
    was suspected of aiding thieves that stole from the post office.
    Constable Ntepe, Sergeant Masela, and Constable Khotso were accused of
    repeatedly beating Mohale's buttocks with a knobkerrie (club) outside
    the police station in the presence of a crowd. In September Mohale
    filed a 200,000 maloti ($28,571) lawsuit against police for torture,
    unlawful arrest and detention, and humiliation. According to the
    victim, the actual thieves were caught at a later stage, and the case
    was pending in the High Court at year's end.
        On March 19, Tukula Makhakhe stated he was tortured by Maseru
    police and forced to confess to charges of armed robbery. Members of
    the Police Vehicle Theft Detection and Counter-Robbery Crime Unit
    assaulted him with knobkerries, an iron rod, and a tire tube. He later
    retracted his confession to the magistrate, claiming it was made under
    duress. Makhakhe last appeared in court in September and was remanded
    out of custody; however, he failed to attend monthly remands, and there
    was a warrant for his arrest at year's end. The case was pending in the
    Magistrate Court at year's end.
        In the early hours of April 12, police raided the village of Thota-
    Peli, Berea District, according to the Sunday Express newspaper. Police
    searched for the illegal firearms used in a clash over grazing land
    that had killed two local residents. Police allegedly whipped, kicked,
    and struck people with the butts of their guns, ordering some of them
    to ``roll in the morning dew naked.'' Although targeted mainly at men,
    the raid also victimized some women, the elderly, and children. One
    victim stated that police choked her husband while pulling his genitals
    when he protested that he did not have a gun. The next morning
    villagers marched to Teyateyaneng Police Station to report the
    incident; police reportedly intercepted the villagers and beat them
    again. Former minister of agriculture Lesole Mokoma subsequently held a
    rally in the village. He warned that any member of the LCD who lodged a
    formal complaint against the police would be viewed as fighting the
    Government. Forty-eight villagers led by their chief, Molomo Mopeli,
    filed a lawsuit demanding compensation of 24 million maloti
    (approximately $3.4 million). Acting on instructions of the 48
    residents and their chief, advocate Zwelakhe Mda issued a civil claim
    against the attorney general, Tsokolo Makhethe, and commissioner of
    police, Malejaka Letooane, on September 4. Receiving no response from
    the state, Mda filed a summons on December 31.
        On May 23, a soldier stationed at the entrance of the residence of
    the minister of public works and transport allegedly shot an
    unidentified person. According to police forensic investigations,
    evidence found at the scene did not match the guard's version of the
    story. He was charged with attempted murder and was waiting to appear
    in court at year's end.
        On June 17, police in Ha-Lekhobanyane arrested and assaulted
    villagers suspected of stoning and burning a woman to death. The woman
    was presumed to have been mentally ill, but villagers suspected her of
    witchcraft. One victim, Nthejane Lelimo, stated that police beat his
    ribs and back with a knobkerrie, while Malefetsane Mokhele alleged that
    police beat the soles of his feet. Mantsoti Khutlang sustained a
    fractured jaw and swollen cheeks after she was repeatedly punched in
    her face.
        A local cab driver claimed that he was assaulted by a police
    officer who demanded to see his license. The magistrate found him
    guilty of reckless driving and failing to obey police instructions. The
    case against the police officer was dropped after the prosecutor
    rejected the cab driver's evidence.
        In August 2009 local newspapers and private radio stations reported
    that several male residents in the village of Nokong, Berea District,
    accused police of torture and unlawful detention. They alleged that
    police conducted a raid on the village searching for illegal guns at
    selected homes. After failing to find any illegal weapons, police
    allegedly took the men from their homes to a plateau overlooking the
    village and beat them. The PCA investigated the case and issued a
    report to the minister of home affairs and public safety. The report
    was not made public. The ICD also investigated the torture allegations
    of the Nokong villagers but did not release a report.
        The media reported several incidents of ``mob justice'' in which
    members of the society took the law into their own hands to punish
    suspects.

        Prison and Detention Center Conditions.--Prison conditions were
    poor, and facilities were overcrowded and in disrepair. The country's
    prisons had a combined capacity of 2,910, but sometimes held twice that
    number. Maseru Central Prison had an estimated capacity of 600 inmates
    but held up to 860 prisoners during the year. Berea and Butha-Buthe
    prisons were constructed in 1886 and 1907. Sanitation and nutrition
    were poor, although potable water was available. Prison facilities
    lacked bedding, ventilation, and proper lighting. Heating and cooling
    systems did not exist.
        Prisoners received free medical care from government hospitals, and
    all prisons had a nurse and a dispensary to attend to minor illnesses.
    Some correctional facilities owned ambulances to transport inmates for
    emergency medical care. The Lesotho Correctional Service (LCS) employed
    a full-time HIV/AIDS coordinator who trained 90 peer educators during
    the year.
        The LCS reported a total prison population of 2,498, including 77
    juveniles, 2,360 men, and 61 women. Pretrial detainees were held with
    convicted prisoners. High-security prisoners and military prisoners
    were held in a separate facility.
        There were reports of prisoners brutalizing and raping other
    prisoners, although statistics were unavailable.
        From April 2009 to September (data is based on the fiscal year,
    which runs from April to March), seven deaths were reported in prisons
    countrywide. Six deaths were due to illness, primarily HIV/AIDS. One
    death resulted from a fight between two inmates, both of whom had
    histories of mental illness.
        Prisoners had reasonable access to visitors and were permitted
    religious observance. Authorities permitted prisoners and detainees to
    submit complaints to judicial authorities without censorship and
    allowed them to request investigations of credible allegations of
    inhumane conditions. Authorities investigated credible allegations of
    inhumane conditions, but reports were not made public. Individuals must
    go through the Public Relations Office to obtain information about a
    particular case. The Pardons Committee and Advising Committee have the
    authority to inspect prisons. The Management Committee for Juveniles
    monitors conditions of juvenile prisons.
        Prison regulations provide for visiting committees made up of
    principal chiefs, church ministers, representatives of the business
    community, advocates of the High Court, and other citizens; however, no
    such visits were conducted during the year. These committees were
    authorized to visit any prison without the prior knowledge of the
    prison director and generally were allowed to do so. The committees
    reported their findings to the prison director as well as to the
    general public.
        International human rights groups were permitted to monitor prison
    conditions, although there were no known visits during the year.
        The Office of the Ombudsman can enter and inspect jails, prisons,
    and military cells to assess conditions and make recommendations to
    protect the rights of prisoners and detainees; however, the last
    inspection was conducted in 2005. The Office of the Ombudsman did not
    monitor the enforcement of pretrial detention restrictions and bail
    provisions. Detailed recordkeeping procedures to ensure that prisoners
    did not serve beyond the maximum sentence for offenses were not
    available.
        The renovation of the Maseru Central and Leribe District prisons
    continued during the year.

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

        Role of the Police and Security Apparatus.--The security forces
    consist of the Lesotho Defense Force (LDF), Lesotho Mounted Police
    Service (LMPS), National Security Service (NSS), and the LCS. The LMPS
    is responsible for internal security. The LDF maintains all external
    security and assists the police when requested by the LMPS
    commissioner. The NSS is an intelligence service that provides
    information on possible threats in support of internal and external
    security.
        The prime minister has direct authority over the LDF and NSS as
    minister of defense and national security. The LCS is under the
    Ministry of Justice, Human Rights, Correctional Services, Law, and
    Constitutional Affairs. The LMPS is under the Ministry of Home Affairs
    and Public Safety (MHA).
        The country is divided into three police regions, which are
    subdivided into districts. A shortage of human and financial resources
    limited LMPS effectiveness.
        The internal affairs organs that address corruption and other
    offenses by police are the ICD and the PCA. Commonly imposed forms of
    disciplinary action included fines, suspension, demotion, or dismissal
    from service. Current legislation does not grant the PCA powers of
    search and seizure or the authority to summon police officers. Local
    NGOs complained that the PCA's inability to initiate cases based on
    public complaints limited its effectiveness. Cases were initiated only
    at the request of the minister of home affairs and public safety.
        The LDF continued its 15-year plan for restructuring and reform
    begun in 1998; however, high turnover rates and budget restrictions
    resulted in delays.

        Arrest Procedures and Treatment While in Detention.--The law
    requires police to obtain a warrant from the magistrate prior to making
    an arrest. Suspects are apprehended openly and informed about their
    rights before they are brought before an independent judiciary.
    Suspects must be informed of charges within 48 hours, and their
    families must be notified of any detention. The law allows family
    members to visit inmates. According to media reports and LMPS
    officials, police did not always comply with these provisions. The law
    provides for bail, which authorities granted regularly and, in general,
    fairly. Defendants have the right to legal counsel. Detainees were
    allowed prompt access to a lawyer, and lawyers were provided for
    indigents. The Legal Aid Division, under the Ministry of Justice and
    Human Rights, offered free legal assistance, but a severe lack of
    resources hampered the division's effectiveness. NGOs maintained a few
    legal aid clinics.
        There were no reported cases of authorities resorting to false
    charges to detain or try persons for criticizing the Government.
        Eighteen percent of inmates were in pretrial detention, which could
    last for months or even years. The backlog was due to lack of
    resources, judicial staffing shortages, delay tactics by defense
    counsel, and unavailability of legal counsel. The average length of
    pretrial detention was 60 days, after which authorities usually
    released pretrial detainees on bail pending trial. The Speedy Trial Act
    of 2002 provides that a suspect cannot be held in custody more than 90
    days before a trial except in exceptional circumstances.
        To address trial delays, the High Court of Lesotho, with the
    assistance of the Commonwealth, engaged an expert to address the
    problem. The High Court established a Commercial Court with two judges
    in February and introduced a new individual docket system to ensure
    that one judge handles cases from start to finish. The new system
    involved the compilation of a database of pending cases beginning in
    2005 and was designed to deter delay tactics often used by defense
    counsels. From February to August, 431 civil cases were completed, more
    than the total number of cases completed in all of 2009. On December
    30, the chief justice swore in Judge Lebohang Molete, the third judge
    of the Commercial Court, bringing the number of Basotho judges to
    three.

        Amnesty.--The Government occasionally granted amnesties and early
    releases on Moshoeshoe's Day, the King's Birthday, Independence Day, or
    Christmas Day. On Moshoeshoe's day, March 11, 71 male inmates were
    released early. On July 17, the King's Birthday, 64 inmates (62 men and
    2 women) were released early. On October 4, Independence Day, 44
    inmates were released early (40 men and four women). On Christmas Day,
    46 male inmates were released early. A total of 225 inmates (219 men
    and six women) were released during the year.

        e. Denial of Fair Public Trial.--The constitution and law provide
    for the right to a fair trial, and an independent judiciary generally
    enforced this right. The country has a dual legal system consisting of
    common law and customary law. Customary law is made up of the norms,
    values, and practices of Basotho codified together under the Laws of
    Lerotholi of 1903. Any norm, value, or practice not contained in that
    book cannot be regarded as law and was not binding on any Mosotho. It
    applied to every Mosotho, but there were instances in which one could
    opt for common law instead of customary law, such as for marriage.
    However, there were instances where one cannot opt for customary law,
    but it may automatically apply depending on the merits of the case.
    Customary law is equivalent to common law, that is, if no law is
    superior to another, they apply equally.
        The constitution and law provide for an independent judiciary, and
    the Government generally respected judicial independence in practice.
    There was a large case backlog, which resulted in delayed trials.

        Trial Procedures.--Defendants are presumed innocent until proven
    guilty. There is no trial by jury. Trials are public, but in civil and
    criminal matters a single judge normally hears cases. It is only in
    high-profile constitutional, commercial, and appeals cases that more
    than one judge is appointed. Defendants have the right to be present at
    their trials and to consult with an attorney in a timely manner;
    however, there were instances in which authorities did not advise
    accused persons of their right to legal representation. Free legal
    counsel was available, either from the state or an NGO. Defendants may
    confront and question witnesses against them and present witnesses on
    their own behalf. A defendant may present evidence on his own behalf at
    the Magistrate Court, but at the High Court legal representation was
    required.
        Defendants have the right to access unclassified government
    evidence. The Government cannot classify evidence and use it against a
    defendant. If evidence is going to be used in court, both the plaintiff
    and the defendant must have access. Defendants have the right to
    appeal. A defendant may either be held or released on bail until
    sentenced. 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 with jurisdiction over civil matters. Citizens
    can freely access the court system to file lawsuits seeking cessation
    of human rights violations or a recovery of damages. Some
    administrative remedies were available from the Labor Court, as
    stipulated by the Public Services Act. Judicial remedies for such
    wrongs are addressed in the constitution. However, in some cases, the
    Government failed to produce evidence in court and sequestered
    witnesses, which damaged the claims of plaintiffs and resulted in
    dismissal of cases.

        f. Arbitrary Interference With Privacy, Family, Home, or
    Correspondence.--The constitution provides that ``every person shall be
    entitled to respect for his private and family life and his home.''
    Although search warrants were required under normal circumstances, the
    law provides police with the power to stop and search persons and
    vehicles and enter homes and other places without a warrant if the
    situation is considered life threatening, if there are security
    concerns, or if it is an emergency. The general public reportedly was
    unaware that police were required to have search warrants.
    Section 2. Respect for Civil Liberties, Including:

        a. Freedom of Speech and Press.--The constitution and law provide
    for freedom of speech and of the press, and the Government generally
    respected these rights in practice. An independent press, effective
    judiciary, and a functioning democratic political system combined to
    ensure freedom of speech and of the press. However, some journalists
    practiced self-censorship because the Government employed libel suits
    in previous years. Media outlets risked being sued by the Government
    for slander or libel. Further, state-owned media outlets reflected
    positions of the ruling party.
        The constitution and law provide for freedom of speech and press;
    however, the Government did not always respect these rights in
    practice. Some journalists practiced self-censorship.
        Journalists were threatened during the year. For example, Marafaele
    Mohloboli, deputy chairperson of MISA-Lesotho, reported having received
    a death threat. She reported the matter to police, but there were no
    further developments at year's end.
        Unlike in the previous year, no journalists were attacked.
        The Government employed lawsuits against media outlets, editors,
    and journalists for libel and slander. Reports indicated that on
    December 9, the prime minister filed a lawsuit at the High Court
    against a local newspaper claiming two million maloti (approximately
    $286,000) for defamation. The newspaper had alleged that the prime
    minister embezzled eight million maloti (approximately $1.1 million).
    Further, state-owned media outlets reflected positions of the
    Government. During the May celebration of World Media Freedom Day, the
    deputy chairman of the Media Institute of Southern Africa's Lesotho
    chapter (MISA-Lesotho) threatened a media blackout if the Government
    did not revise sanctions against noncompliant media houses. The
    minister of communications, science, and technology stated that the
    journalists practiced sensational reporting and harsh criticism of high
    government officials to raise sales. For the past 13 years, MISA-
    Lesotho has advocated for a new media policy.
        On April 23, the Court of Appeal upheld the judgment by the High
    Court that Billy Macaefa, a leader of the Lesotho Workers Party, was
    not guilty of sedition and subversion. It was alleged that Billy gave a
    speech at a political rally following the 2007 elections inciting the
    people to overthrow the Government.
        On May 5, members of the Lesotho National Assembly verbally
    attacked Bongiwe Zihlangu, political editor of a major local newspaper.
    They accused her of ``spreading false information about gratuities''
    (one-time end-of-service bonuses) for members of parliament (MPs).
    Zihlangu had reported on a proposed bill that gave MPs who had been in
    parliament for two years 25 percent of their gratuity early. According
    to the report by MISA-Lesotho, Zihlangu was sitting in the media
    gallery when Rantelai Shea of the opposition Lesotho Workers Party
    demanded that the journalist be thrown out of the parliament building.
    Shea reportedly stated that ``freedom of the media leads reporters to
    report on things that strip us of our dignity.'' He called for the
    newspaper to be sued for lies about their gratuities. He further urged
    that Zihlangu be sued ``in broad daylight and be ordered by the courts
    to pay us the 307,000 maloti ($44,000) she alleges that we are going to
    get.'' Zihlangu reportedly then left the parliament media gallery. The
    Members of Parliament Salaries (Amendment) Bill 2010 passed on May 27.
        In October the media reported that Thomas Thabane, leader of the
    All Basotho Convention (ABC), the largest opposition party, threatened
    to shoot the chief reporter and editor of a local newspaper when he was
    requested to comment on allegations of a domestic dispute.

        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 not widely available and almost nonexistent in rural
    areas, due to lack of communications infrastructure and the high cost
    of access. The Lesotho Communications Authority estimated that 5.1
    percent of inhabitants used the Internet during the year.
        There were no reports of government attempts to collect, request,
    obtain, or disclose personally identifiable information of a person in
    connection with that person's peaceful expression of political,
    religious or ideological opinion or belief.

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

        b. Freedom of Peaceful Assembly and Association.--The constitution
    and law provide for freedom of assembly and association, and the
    Government generally respected these rights in practice.
        The parliament unanimously passed the Public Meetings and
    Processions Bill in May. The bill stipulates that anyone who wishes to
    hold a public meeting or procession in an urban area should first make
    written application for permission to ``an officer in command of police
    in the area where the public meeting or procession'' is to be held.
    Additionally ``a person wishing to hold a public meeting or procession
    in an area that is not urban shall at least within seven days before
    holding the public meeting or procession, make a written application
    for permission to hold the procession or meeting, either to the headman
    or representative of the headman of the area the meeting or procession
    is intended to be held.''
        Twenty students of Limkokwing University were charged under the
    bill following rioting that took place during their strike on November
    20. The students appeared at the Magistrate Court on November 23, and
    the case was scheduled to be heard in June 2011.
        Local media reported that police denied protesters' request for
    permission to picket during South African President Jacob Zuma's visit
    in August. Media reports indicated that the request was denied due to
    inadequate staffing; the police, however, denied receiving an
    application for the demonstration.
        The High Court's inquest into the student riots at the National
    University of Lesotho and subsequent police shooting and death of a
    student in October 2009 had not begun by year's end.

        c. Freedom of Religion.--For a complete discussion of religious
    freedom, please see the 2010 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 and law provide for
    free movement within the country, foreign travel, emigration, and
    repatriation. The Government generally respected these rights in
    practice.
        According to the MHA, the Government cooperated with the Office of
    the UN High Commissioner for Refugees (UNHCR) and other humanitarian
    organizations in providing protection and assistance to refugees,
    asylum seekers, stateless persons, and other persons of concern.
        In June the Government of South Africa announced that Lesotho
    citizens could no longer travel to South Africa using temporary travel
    documents, and six- month border permits would no longer be issued or
    renewed. The change in procedure resulted in long waits at the border.
    The MHA scrambled to print new passports and cope with the rising
    demand. A reported backlog of up to 350,000 passport applications
    dating back to 2002 slowed efforts. A meeting between the ministers of
    home affairs of the two countries failed to resolve the matter. Clashes
    between passport applicants and passport office workers were reported
    in Leribe and Mafeteng districts during public protests against poor
    passport service. Police brought these under control, and no injuries
    were reported.
        The constitution and law prohibit forced exile, and the Government
    did not use it in practice.

        Protection of Refugees.--According to the MHA, the Government
    cooperated with the UNHCR and other humanitarian organizations in
    providing protection and assistance to refugees, asylum seekers,
    stateless persons, and other persons of concern.
        In practice the Government provided protection against the
    expulsion or return of refugees to countries where their lives or
    freedom would be threatened on account of their race, religion,
    nationality, membership in a particular social group, or political
    opinion. There is no restriction on the movement of asylees.
        A committee chaired by the MHA's principal secretary interviews
    asylum seekers, then makes a recommendation to the minister of home
    affairs, who has the final say on the matter. The committee consists of
    officials from the MHA Legal Division, MHA Passport Department, Office
    of the Director of Immigration, the UN Development Program, the
    Ministry of Foreign Affairs, and LMPS.
        There were 40 asylum seekers in the country. Most of them were from
    the Democratic Republic of Congo; others were from Sudan, Ethiopia, and
    Zimbabwe. In July the UNHCR donated equipment to produce identity
    documents to enhance their access to local services.
    Section 3. Respect for Political Rights: The Right of Citizens to
            Change Their Government
        The constitution and law provide citizens the right to change their
    government peacefully, and citizens exercised this right in practice
    through periodic, free, and fair elections based on universal suffrage.

        Elections and Political Participation.--During the most recent
    national elections, in 2007, the LCD party maintained a legislative
    majority, claiming 61 of 80 constituency-based seats in the National
    Assembly. Domestic and international observers characterized the
    election as free and peaceful. Other observers, including members of
    the leading opposition parties and some NGOs, stated it was not
    entirely fair. Their complaints initially centered on the complicated
    manner of allocating proportional parliamentary seats but later
    included the manner of appointment of the leader of opposition in
    parliament and review of the constitution and electoral laws.
        Through a preelection alliance with the National Independent Party,
    the LCD controlled a further 21 of 40 proportional representation
    seats, bringing its majority to 82 out of 120 seats. The largest
    opposition party, the ABC, won 17 constituency-based seats and 10
    proportional seats through its own preelection alliance with the
    Lesotho Workers Party. Although both major political parties created
    alliances in an attempt to gain more seats, the most contested were the
    21 seats gained by the ruling LCD party. Mediation efforts began
    shortly after the election.
        Ketumile Masire, former president of Botswana, led the mediation
    process until July 2009. Masire stated that the alliances entered into
    by the LCD and ABC undermined the mixed-member proportional electoral
    model, making it ineffectual. He added that the LCD's main position--
    that the High Court had already decided the question of alliances--was
    not actually true, that the High Court had ``decided not to decide,''
    and that the court's judgment was unhelpful. His report led civil
    society organizations to resume talks mediated by the Christian Council
    of Lesotho (CCL), but in August 2009 they were postponed. On February
    21-22, the Southern African Development Community (SADC) Organ Summit
    Troika--Mozambican President Armando Guebuza, Swazi King Mswati III,
    and Zambian Defense Minister Kalombo Mwanza--visited Lesotho to restart
    the mediation. The troika concluded that the CCL should continue
    mediating and pledged to provide a facilitation team to support it. On
    March 11, political leaders signed the ``Thaba Bosiu'' declaration
    affirming their commitment to work for peaceful resolution of the 2007
    postelectoral disputes, but the matter was not resolved by year's end.
    The August 16-17 SADC Summit urged stakeholders to find a solution to
    the lengthy dispute, including finalizing the proposed electoral law
    amendment bill.
        By-elections to replace deceased members of parliament were held on
    May 25 in three constituencies. The ruling LCD won the contested
    constituencies. Following the by-elections, the leader of the ABC party
    protested the results, citing ``a corrupt relationship between the
    Independent Electoral Commission (IEC) and the ruling party''; however,
    no formal complaints were filed. He subsequently withdrew from
    participating in all IEC-related activities. In December the National
    Executive Committee of the ABC decided to redeploy its members to the
    various IEC committees and at year's end planned to fully participate
    in the upcoming local government and national elections.
        There were 29 women in the 120-seat National Assembly and seven
    women in the 33-seat Senate. The speaker of the National Assembly,
    seven of 19 government ministers, two of four assistant ministers, five
    of 10 judges on the High Court, and the commissioner of police were
    women.
        Approximately 98.5 percent of the population is ethnic Basotho.
    There were no members of minorities in the National Assembly, the
    Senate, or the cabinet.
        Local elections were scheduled to take place in May but were
    postponed until 2011. Opposition parties had threatened to boycott the
    election over the continued allotment of 30 percent of the wards to
    female candidates.
        The men accused in the April 2009 events surrounding the
    assassination attempt on the prime minister were still awaiting
    possible extradition from South Africa. Alleged mastermind Jessie
    Ramakatane's extradition case was pending in Magistrate Court. On July
    29, the seven accused gunmen were found eligible for extradition in
    Magistrate Court; they appealed, and their extradition case was pending
    in Bloemfontein, South Africa's High Court.
        The Government established a commission of inquiry to investigate
    the attacks on Makoanyane Barracks, the prime minister's residence, and
    certain residents of Maseru. On January 20, the commission--chaired by
    retired former president of the Court of Appeal Judge Hendrik Jan Stein
    and with members from the country, South Africa, and Botswana--convened
    and heard evidence from 40 witnesses. On April 16, Judge Stein released
    a report acknowledging a few rogue members in the army, but claiming
    that neither the army itself, nor any part thereof, orchestrated the
    April 2009 attacks. Judge Stein blamed the late Makotoko Lerotholi, who
    allegedly was financed by disgruntled businessman Jesse Ramakatane. The
    report revealed pervasive laxity in the LDF and recommended structural
    and other changes to widen the security network.
    Section 4. Official Corruption and Government Transparency
        The law provides criminal penalties for official corruption. There
    were isolated reports of government corruption during the year.
        The Directorate on Corruption and Economic Offenses (DCEO) is the
    primary anticorruption organ and investigates corruption complaints
    against public sector officials. The DCEO is under the supervision of
    the Ministry of Justice and Human Rights. The Amendment of Prevention
    of Corruption and Economic Offences Act of 2006 first subjected public
    officers to financial disclosure laws. However, the disclosure form to
    be used has still not been established. The law may also be applied to
    private citizens if deemed necessary by the DCEO. The DCEO's official
    statistical report stated that from April to September, it received a
    total of 70 reports on subjects including bribery, fraud, abuse of
    power, embezzlement of public funds, and tender manipulation. Of these
    reports, five were closed, 15 were under preliminary investigation,
    seven were referred to the police, 18 were referred elsewhere (to the
    Directorate of Dispute Prevention and Resolution or the Labor Court),
    20 were pending preliminary investigation, and five were referred to
    the DCEO investigatory division.
        According to the DCEO, there is no baseline to measure the level of
    corruption in any sector including the executive, legislative, or
    judicial branches; the media occasionally raised allegations of
    corruption in the branches. Corruption exists in all sectors, but its
    extent was not known.
        Individuals, both Basotho and foreign, who were ineligible to hold
    passports continued to obtain them through forgery and
    misrepresentation. The Passport Department's problem of corrupt
    officers was exacerbated by the passport backlog as people paid bribes
    to quickly obtain travel documents. Some passport officers embezzled
    funds made as payment for passport applications. Five officers were
    dismissed, while three remained under investigation.
        Former clerk of the National Assembly Matlamukele Matete was
    accused of inflating the price of a photocopier purchased by his
    ministry. The High Court sentenced him to 10 years' imprisonment with
    an option to pay a fine of 50,000 maloti ($7,140). He appealed the
    sentence, and in October the Court of Appeal confirmed Matete's
    conviction and imposed a four-year prison sentence, which Matete was
    serving at year's end.
        Former colonel Letsolo Kholoane was forced to retire, and former
    captain Rakolitsoe Mahase was sentenced to six years, for forging
    documents in a travel scandal.
        Police corruption was a problem, as confirmed by LMPS authorities.
    The internal affairs organs that address corruption and other offenses
    by police are the LMPS's ICD and the PCA. Commonly imposed forms of
    disciplinary action included fines, suspension, demotion, or dismissal
    from service.
        On August 2009 the country's first female police commissioner,
    Malejaka Letooane, was sentenced to six months in jail for contempt of
    court for authorizing the release of a vehicle from police custody
    contrary to the order of the Magistrate Court and later failing to
    appear in court when summoned to explain her actions. The chief justice
    granted the commissioner the right to appeal to the High Court. In
    October the chief justice overturned the sentence and reportedly
    dismissed the case altogether. However, the case concerning the vehicle
    release was proceeding in the Magistrate Court at year's end.
        April and December press reports from the Lesotho Times indicated
    that Police Commissioner Malejaka Letooane was under investigation at
    year's end relating to a 24 million maloti (approximately $3.4 million)
    tender awarded in 2008 to Ferrini USA, Inc. to supply police uniforms.
    The firm was initially disqualified from the tender process because it
    had failed to meet the stringent requirements.
        ``Theft of exhibits'' (theft or disappearance of evidence related
    to a trial proceeding) was commonly reported. In addition, private
    transport operators claimed that police solicited bribes from taxi and
    bus drivers who violated traffic laws. However, no formal charges of
    police corruption were filed during the year. According to the ICD,
    from January to September there were 23 cases of corruption. One person
    was convicted, six were sent to the courts, and 16 were pending
    investigation.
        Reports of corruption and fraud in the Government's Block Farming
    Program appeared in February. After investigation, the Office of the
    Ombudsman released a report in September alleging corruption by the
    ministers of finance and forestry and the assistant minister of
    agriculture and food security. Together, the three officials personally
    owed more than 18.5 million maloti ($2.6 million) in loans guaranteed
    by the Government and directly overseen by their ministries, which had
    not been repaid at year's end.
        On April 23, the Court of Appeal convicted former deputy
    commissioner of police Motsotuoa Ntaote of fraud related to per diem
    claims for two official trips to South Africa. Ntaote was acquitted by
    the High Court in June 2009; however, the Court of Appeal reversed the
    judgment and found him guilty on one count of fraud. He was sentenced
    to a fine of 12,000 maloti ($1,715) or six months in prison. The
    sentence, however, was suspended (no time served or fine levied if the
    same or similar crime is not repeated within the suspension period) for
    three years.
        A police constable accused of soliciting a bribe appeared in court
    on September 13. Constable Mokhitlinyane Mokiti allegedly solicited a
    940 maloti ($134) bribe to drop car theft charges against Lebajoa
    Qalabatsane. He was charged with contravention of section 22(1) of the
    Prevention of Corruption and Economic Offence Act No. 5 of 1999. Mokiti
    was granted bail and was awaiting trial at year's end.
        Former police superintendent Ramoeletsi was convicted of extortion
    and sentenced to two years' imprisonment or 2,000 maloti ($285). The
    sentence was suspended.
        The Integrated Financial Management Information System (IFMIS),
    plagued by delays in 2009, was up and running during the year; IFMIS
    was introduced to speed up payments, improve public accounting, and
    impose greater control on government purchasing, accounting, and
    reporting. It was also adopted to halt overexpenditure by government
    departments and enable the Government to trace all transactions,
    including those suspected of embezzling government money. Its
    effectiveness was not yet determined.
        In January the High Court sentenced the principal secretary for the
    Ministry of Justice and Human Rights, Pontso Lebotsa, to five years in
    prison or a fine of 10,000 maloti ($1,430) for contravening government
    procurement regulations in 2007. The defendant appealed, the Court of
    Appeal confirmed the High Court judgment, and Lebotsa paid the fine.
    She was fired from her position.
        There are no laws providing for public access to government
    information, and access was limited; however, Web sites of government
    ministries, parastatal companies, and private organizations provided
    some information on governmental activities. The Government Gazette and
    other publications could be requested from the Government Printers'
    Office. There were also media releases from government ministry
    information officers. Researchers at institutions such as the Institute
    of Southern African Studies, NGOs such as MISA-Lesotho, and the media
    complained about lack of access to government information.
    Section 5. Governmental Attitude Regarding International and
            Nongovernmental Investigation of Alleged Violations of Human
            Rights
        A number of domestic and international human rights groups
    generally operated without government restriction, investigating and
    publishing their findings on human rights cases. Government officials
    often were cooperative and responsive to their views.
        The independent Office of the Ombudsman (see also section 1.c.,
    Prison and Detention Center Conditions) appeared to function without
    undue governmental or political interference. The office is considered
    effective but was constrained by low publicity, high level of
    centralization, shortage of staff, financing, and equipment. The
    ombudsman intervened in response to requests for release of unlawfully
    withheld salaries, reinstatement of employees illegally suspended from
    their jobs, compensation for persons forced to relocate by the Lesotho
    Highland Water Project, and compensation for and repairs to houses in
    communities affected by large-scale development projects.
    Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
        The constitution and the formal legal code prohibit discrimination
    based on race, gender, disability, language, or social status. However,
    the constitution recognizes customary law as a parallel legal system,
    and under it women remained disadvantaged with regard to property
    rights, inheritance, contracts, and succession rights.

        Women.--The law prohibits rape, including spousal rape, and
    mandates a minimum sentence of five years' imprisonment, with no option
    for a fine. When reported, the Government generally enforced the law
    effectively. Rape was reportedly commonplace. Accurate statistics were
    unavailable, but an estimate based on the most recent available police
    national crime statistics indicated that from April to December 2009,
    there were 823 reported cases of sexual offenses against women. Courts
    heard a number of rape and attempted rape cases, several of which
    resulted in convictions. Up-to-date statistics on the number of
    perpetrators prosecuted, convicted, and punished were not available.
        Domestic violence against women was widespread. Although accurate
    statistics were unavailable, an estimate based on the most recent
    police national crime statistics indicated that from April to December
    2009, there were 109 reported cases of assault against women. These
    statistics greatly understated the extent of the problem, as domestic
    violence is less likely to be reported than assault. Domestic violence
    and spousal abuse are criminal offenses defined as assault; however,
    few domestic violence cases were brought to trial. The law does not
    mandate specific penalties, but an offender can be cautioned and
    released, given a suspended sentence, fined, or imprisoned. Punishment
    depends on the severity of the assault, and judges have a wide degree
    of discretion in sentencing. Violence against women and children was
    increasingly considered socially unacceptable due, in part, to the
    Government advocacy and awareness programs by the Child and Gender
    Protection Unit (CGPU) of the police, the Department of Social Welfare,
    and the Ministry of Gender and Youth, Sports, and Recreation. This work
    was bolstered by local and regional organizations, such as the Women
    and Law in Southern Africa Trust, the Federation of Women Lawyers, the
    Lesotho Child Counseling Unit, other NGOs, and broadcast and print
    media campaigns. Activities include teaching young persons and parents
    how to report such offenses and how to access victim services.
        The law does not specifically prohibit sexual harassment, and
    sexual harassment occurred in workplaces and was commonplace elsewhere.
    According to the Law Office, complaints involving sexual harassment, if
    reported at all, were not often reported through official channels and
    tended to be handled internally.
        The Legal Capacity of Married Persons Act gives couples and
    individuals the right to decide freely and responsibly the number,
    spacing, and timing of their children, and to have the information and
    means to do so free from discrimination, coercion, and violence.
    Government hospitals and clinics--in partnership with international and
    local NGOs--provided equitable access for all, regardless of the
    patient's background, to reproductive health services. There were no
    legal, social, or cultural barriers limiting access to these services,
    which include skilled attendance during childbirth, prenatal care, and
    essential obstetric and postpartum care. The incidence of maternal
    mortality was 1,155 per 100,000 live births. There was access to
    contraception at minimal fee for oral pills, injectables, intrauterine
    contraceptive devices, emergency contraception, and implants. Male and
    female condoms were free and available. Women and men were equally
    diagnosed and treated for sexually transmitted infections, including
    HIV.
        Women and men are accorded equal rights in civil and criminal
    courts. The 2006 Legal Capacity of Married Persons Act effectively
    eliminated de jure discrimination against women under formal (but not
    customary) law except in the area of inheritance, which it does not
    cover. The act further extends to traditional law and custom. It grants
    women married under custom equal rights, similar to those married under
    common law. The previous statutory and customary laws limited the
    rights of women in areas such as property rights, inheritance, and
    contracts.Under the dual legal system, women have the legal and
    customary right to make a will and sue for divorce; however, under
    customary (also referred to as traditional) law, a married woman was
    considered a minor during the lifetime of her husband and could not
    enter into legally binding contracts without his consent. Since passage
    of the new law, the rights of women have substantially improved.
    Married women can obtain loans without the consent of their husbands
    and enjoy full economic rights under the law. However, the law does not
    provide for women's inheritance and custody rights. A woman married
    under customary law has no standing in civil court unless she has her
    marriage registered in the civil system. Government officials publicly
    criticized the discrimination of women under customary marriage.
        Women's rights organizations took a leading role in educating women
    about their rights under customary and formal law, highlighting the
    importance of women's participation in the democratic process. The
    Ministry of Gender, Youth, Sports, and Recreation is charged with
    promoting the legal rights of women. It supported efforts by women's
    groups to sensitize society to respect the status and rights of women.
        Although polygamy is not recognized by the formal legal code, it
    was practiced under customary law by a small minority.
        Women were not discriminated against in access to employment or
    credit; however, on average women did not receive equal pay for
    substantially similar work. In some cases, women were encouraged to
    have a sexual relationship with a male boss to get employment or
    promotion. According to the Organization for Economic Cooperation and
    Development's Gender Institutions and Development Database, women's
    average earnings were approximately 53 percent of the wages that men
    received for equal work. Nevertheless, some of the country's most
    senior positions were held by women, including speaker of parliament,
    cabinet ministers, judges, ambassadors, the commissioner of police,
    government principal secretaries, the auditor general, and chief
    executives of some public enterprises.

        Children.--According to the MHA, citizenship is derived by birth
    within the country's territory. According to the Office of the
    Registrar of Births and Deaths in the District Administrator's Office,
    all births were registered by hospitals and local clinics. Children
    born in private homes were registered at the offices of local chiefs,
    and the information was then transmitted to the District
    Administrator's Office for issuance of birth certificates.
        By law primary education is universal; since March, compulsory; and
    since 2006, tuition-free for grades one through seven. Secondary
    education is not free, but the Government has scholarships for orphans
    and vulnerable children (OVCs). The education bill, making free primary
    education compulsory for children in grades one through seven, was
    passed by both houses of parliament in November 2009 and enacted into
    law in March. The act states that children from age six shall be
    enrolled in a primary school and that they should stay in school until
    they reach the age yet to be determined by the minister of education. A
    fine of not less than 1,000 maloti ($143) or imprisonment can be
    imposed on a parent whose child fails to attend school regularly.
        The UN Children's Fund (UNICEF) reported that a substantial number
    of children did not attend school. The problem was particularly
    prevalent in rural areas, where there were few schools. Attending
    school regularly was most difficult for those involved in supporting
    their families through subsistence activities or those whose families
    could not afford fees for the purchase of uniforms, books, and other
    school materials. According to UNICEF statistics for 2009, 80 percent
    of boys and 88 percent of girls attended primary school. More boys
    failed to attend school than girls due to the tradition of livestock
    herding by young boys.
        Child abuse was a problem, especially for OVCs. Accurate statistics
    on the incidence of child abuse were not available; however, an
    estimate based on the most recent available police national crime
    statistics indicated that from April to December 2009 there were 57
    reported cases of neglect of children and 23 cases of assault against
    children. These cases included child neglect, common assault, abduction
    (forced elopement), and sexual assault. The true number of child abuse
    cases was thought to be much greater.
        The CGPU was active in fighting child abuse, particularly
    challenging the cultural norms that encouraged forced elopement. The
    CGPU has branches in all 10 districts, but a lack of resources
    restricted its effectiveness. The CGPU dealt with sexual and physical
    abuse, neglected and abandoned children, and protection of the property
    rights of orphans.
        During the year the news media frequently published reports of
    violence at traditional initiation schools. These schools use
    traditional rituals to initiate teenage boys into manhood and are
    attended mainly by rural youth. While the activities of these
    initiation schools were kept secret, the media reported violence
    against students, teachers, and members of surrounding communities.
        According to media reports, child prostitution was a problem. Young
    girls and boys, many of whom were orphans, moved to urban areas to
    engage in prostitution and work as sex workers, as noted by Lesotho
    Save the Children. A 2001 UNICEF assessment concluded that child
    prostitution in the country was driven by poverty and undertaken only
    as a last resort. The study also noted that prostituted children most
    often acted on their own and were apparently not controlled by
    organized criminal syndicates or any other third party. However, UNICEF
    and the Government agreed that while the numbers remained small, the
    trend toward the commercial sexual exploitation of children was a
    growing problem. According to the 2000 and 2004 reports produced by the
    Ministry of Labor and Employment in collaboration with UNICEF and other
    partners, the worst forms of child labor included sex work and
    prostitution. There were not enough resources within either the police
    force or the Department of Social Welfare to address the needs of
    children likely to engage in prostitution.
        There is no legislation specifically addressing child prostitution
    or child pornography, but the Child Protection Act of 1980 and the
    Sexual Offenses Act of 2003 can be used to prosecute offenders. This
    legislation also prohibits the employment of children and young persons
    in commercial sex. The Sexual Offenses Act sets the minimum age for
    consensual sex at 18. The Children's Protection and Welfare Bill,
    enacted in March, specifically addresses child prostitution, child
    pornography, child trafficking, and related issues.
        The rapid rise in the number of created by HIV/AIDS contributed to
    child prostitution, child homelessness, child-headed households, and
    children at risk of exploitation for labor or other purposes. According
    to UNICEF, there were an estimated 180,000 OVCs in the country. Street
    children suffered from lack of access to government services, such as
    medical care and schooling, and were not informed about their right to
    receive such services...
        The country is not a party to the 1980 Hague Convention on the
    Civil Aspects of International Child Abduction.

        Anti-Semitism.--There are a small number of Jews but no practicing
    Jewish community. There were no reports of anti-Semitic acts.

        Trafficking in Persons.--For information on trafficking in persons,
    please see the Department of State's annual Trafficking in Persons
    Report at www.state.gov/g/tip.

        Persons With Disabilities.--The constitution and law prohibit
    discrimination against persons with sensory and intellectual
    disabilities in employment, education, access to healthcare, or the
    provision of other state services. The Government enforced these laws
    within its limited ability. Although societal discrimination was
    common, the tradition of hiding children with disabilities from the
    public was no longer commonly accepted. The Association of the Disabled
    actively promoted the rights and needs of persons with disabilities.
        Laws and regulations stipulate that persons with disabilities
    should have access to public buildings. Buildings completed after 1995
    generally complied with the law. According to John Motloko, executive
    director of the Lesotho National Federation of Organizations of the
    Disabled, government efforts to modify buildings were hampered by the
    lack of a national disability and rehabilitation policy, which has been
    in draft form since 2000. The Ministry of Health and Social Welfare is
    responsible for the bill.
        Information for the blind in the form of Braille and JAWS (a
    computer software used by visually impaired persons) was not widely
    available. Sign language was not provided by service providers in the
    Government or private sector, so signing individuals could not access
    many services. There were limited facilities for training deaf persons.
        The Government did not effectively implement laws to ensure that
    persons with disabilities had access to information and communications.
    Media reports indicated that persons with disabilities experienced
    societal abuse; however, there were no reports of such abuse in
    prisons, educational facilities, or mental health facilities.
        Election law provides for assisted voting for persons with
    disabilities, which was respected in practice. They are allowed to have
    anyone of their choosing assist them with voting, including the
    presiding officer at a polling station; there should also be a third
    person to verify that the voter's choices are respected.
        The Ministry of Health and Social Welfare is responsible for
    protecting the rights of persons with disabilities. In partnership with
    the NGO Skillshare International, the Government provided leadership-
    training workshops for persons with disabilities and community-based
    rehabilitation (training community members to provide services to
    persons with disabilities). The community-based training assisted
    teachers in working with students with disabilities. The Skillshare-
    government partnership supported 20 income-generating projects with a
    minimum starting capital of 10,000 maloti ($1,428). There was also
    advocacy and awareness training about the rights of persons with
    disabilities. These events usually centered on international events,
    such as Sign Language Day, White Cane Day, and Braille Day. The
    partnership also provided aids such as prescription eyeglasses,
    wheelchairs, and canes.

        Societal Abuses, Discrimination, and Acts of Violence Based on
    Sexual Orientation and Gender Identity.--The law does not address
    sexual orientation. It was unknown whether lesbian, gay, bisexual, and
    transgender (LGBT) persons faced discrimination in employment, housing,
    access to health care, access to education, or other areas. Homosexual
    conduct is taboo in society, and is not openly discussed. There were no
    reports of violence against LGBT persons during the year.

        Other Societal Violence or Discrimination.--There continued to be
    media reports that children orphaned by HIV/AIDS, persons with HIV/
    AIDS, and their immediate families were stigmatized.
        The law prohibits discrimination in the workplace on the basis of
    HIV/AIDS status. In 2006 the parliament amended the labor code to
    include an HIV/AIDS workplace policy. Each government ministry or
    department provided subsidized medicine to its employees with HIV/AIDS,
    and some provided subsidized food. Medicine was available to all HIV-
    positive citizens at subsidized prices at all government hospitals.
        LDF policy states that a soldier found to be HIV-positive after
    induction is not retired or separated and is provided counseling and
    testing, and duties were adapted as appropriate.
    Section 7. Worker Rights

        a. The Right of Association.--Workers have the right to join and
    form trade unions of their own choosing without prior authorization or
    excessive bureaucratic requirements. Workers exercised this right in
    practice, although a very large percentage of the labor force was not
    unionized. Representatives from three major trade unions all
    characterized the trade union movement as fledgling and unorganized.
    Individual trade unions had limited contact with one another despite
    similar goals. Union leaders suggested that political and leadership
    differences and a lack of resources had kept unions small and
    discouraged mergers or expansion.
        The apparel industry was the largest employer in the country and
    accounted for nearly 50 percent of formal employment. There were 45
    factories with a total of 45,000 workers, making up about 80 percent of
    all jobs in the manufacturing sector. The textile sector dominated the
    country, and most unions were focused on organizing textile workers.
    Union management estimated that 15,000 of the country's 36,000 textile
    workers were unionized, and unions alleged that most factory owners in
    the textile industry remained staunchly opposed to unionization. Both
    locally and foreign-owned businesses still lacked a full understanding
    of the labor code's provisions regarding the right to form labor
    unions. The recently launched Better Work Lesotho program specifically
    aims to improve both compliance with labor standards and
    competitiveness in global supply chains. The program, supported by the
    Ministry of Labor and Employment, factory owners, and labor unions,
    also aims to increase understanding of labor rights.
        The law allows unions to conduct their activities without
    interference. Union officials said that the Government did not
    interfere with their ability to organize but complained of an overall
    lack of government support. All trade unions must register with the
    Registrar of Trade Unions. The law prohibits civil servants and police
    from joining or forming unions but allows them to form staff
    associations for the purpose of collective bargaining and promoting
    ethical conduct of their members; both police and civil servants have
    established such associations. According to the Lesotho Public Servants
    Association (LEPSA), approximately 34 percent of the civil service had
    joined the association. This low rate of participation made it
    difficult for them to engage with the Government on worker's rights
    issues as the Government only recognizes staff associations
    representing at least 50 percent of all civil servants. LEPSA reported
    that some civil servants of higher grades intimidated those of lower
    grades into not joining the civil service staff association.
    Reportedly, the intimidation included threats of dismissal or transfer
    for noncompliance.
        The law provides for a limited right to strike, but this right was
    not exercised in practice. In recent years very few strikes were
    carried out. In the private sector, the labor code requires a series of
    procedures workers and employers must follow before a strike is
    authorized. However, civil servants are not allowed to strike, and
    therefore all public sector strikes are unauthorized.
        Under the law, the Public Service Joint Advisory Council ensures
    due process and to protects civil servants' rights. The council
    consists of an equal number of members appointed by the minister of
    public service and members of any association representing at least 50
    percent of civil servants. The council concludes and enforces
    collective bargaining agreements, prevents and resolves disputes, and
    provides machinery for dealing with general grievances. Further, the
    Public Service Tribunal handles appeals instigated by civil servants or
    their associations. No association represented at least 50 percent of
    civil servants; therefore, neither the council nor the tribunal was
    functioning.
        The law does not address retaliation against striking workers but
    the police were generally present during strikes to prevent violent
    conduct by any party.

        b. The Right to Organize and Bargain Collectively.--There are no
    restrictions on collective bargaining, and unions were allowed to
    bargain for wages above the minimum wage. However, a majority of
    employers bargained only with unions that represented at least 50
    percent of their staff, and the Labor Commissioner's Office reported
    that unions were too weak to bargain effectively. Union leaders alleged
    that the unstable nature of the economy discouraged them from lobbying
    for increased wages and instead focused on organization and worker
    protections. Because collective bargaining agreements were rare,
    achieving job security from factory owners remained difficult. Factory
    owners kept more than half of their workforce on temporary contracts
    even if those contracts were renewed annually. Given the job insecurity
    and reduced benefits of temporary contracts, gaining the 50-plus-one
    majority required for collective bargaining was effectively impossible.
    Government approval was not required for collective agreements to be
    valid.
        The law prohibits antiunion discrimination and other employer
    interference in union functions; however, the Government did not always
    implement the law. Textile and apparel unions claimed that members were
    sometimes treated unfairly to compel them to leave. Unions complained
    that the Labor Court and Labor Inspectorate were inefficient, onerous,
    and bureaucratic. Workers claimed they were dismissed for union
    involvement, but Ministry of Labor investigations often revealed they
    were dismissed on other grounds. Unions reported that the country's
    labor inspectors were usually intimidated by factory owners and unable
    to enforce union rights. According to the International Trade Union
    Confederation's 2010 Annual Survey of Violations of Trade Union Rights
    in Lesotho, many employers stopped union organizers from entering
    factory premises to organize workers or represent them in disputes. In
    some cases employers intimidated union organizers and members,
    threatening the latter with dismissal.
        There are no export processing zones in the country. However,
    certain industries, such as textile and apparel manufacturing, enjoyed
    similar benefits.

        c. Prohibition of Forced or Compulsory Labor.--The law prohibits
    all forms of forced or compulsory labor; however, there were reports
    that such practices occurred. The country was a source and transit
    point for women and children subjected to trafficking in persons,
    specifically conditions of forced labor and forced prostitution, and
    for men in forced labor. Women and children in the country were
    subjected to involuntary domestic servitude and children, to a lesser
    extent, to commercial sexual exploitation. Children who have lost at
    least one parent to HIV/AIDS were more vulnerable to traffickers'
    manipulations; older children trying to feed their siblings were most
    likely to be lured by a trafficker's fraudulent job offer. Forced labor
    for domestic work, crop farming, and herding animals were reported from
    remote private homes, small farms, and herding outposts, respectively.
    Each location was outside the scope of the labor code and all but
    impossible to inspect.
        According to Lesotho Save the Children, children often worked as
    herd boys, street vendors, car washers, and domestic servants. The
    organization reported parents were often the ones forcing children to
    work.
        Also see the Department of State's annual Trafficking in Persons
    Report at www.state.gov/g/tip

        d. Prohibition of Child Labor and Minimum Age for Employment.--
    There are laws to protect children from exploitation in the formal
    sector, and the Government generally enforced these laws; however, such
    laws did not apply in the informal sector, where child labor was a
    problem.
        According to the Labor Inspectorate, the labor code contains
    prohibitions against the employment of children and young persons in
    commercial, industrial, or other nonfamily enterprises involving
    hazardous or dangerous working conditions. The legal minimum age for
    employment in commercial or industrial enterprises is 15 years, or 18
    years for hazardous employment. Hazardous work included mining and
    quarrying, carrying of heavy loads, manufacturing where chemicals were
    produced or used, working in places where machines were used, herding,
    producing or distributing tobacco, and working in places such as bars,
    hotels, and places of entertainment where a person could be exposed to
    immoral behavior. The law protects children from night work. Any
    employer who breaches these provisions is liable to a fine not
    exceeding 20,000 maloti ($2,857) or imprisonment for a period not
    exceeding 20 months or both. Employers with second or subsequent
    convictions are liable to imprisonment for a minimum period of two
    years without the option of a fine. The Ministry of Labor reported no
    trials or convictions during the year.
        Although child labor is prohibited, the high unemployment rate,
    increasing levels of poverty, and high prevalence of HIV/AIDS (23
    percent) resulted in children working to support themselves and their
    families. The Bureau of Statistics (BOS) estimated unemployment at 22.7
    percent. The majority of trade unions, however, estimated unemployment
    to be between 40 and 50 percent. They attributed it to jobs lost in the
    textile and garments sector, the largest formal employer after the
    Government.
        The BOS stated that 3 percent of children ages 6-14 years
    participated in economic activities; this statistic did not include
    children aiding their families or others without compensation. UNICEF
    estimated 23 percent of children between 5 and 14 were working. Two of
    every three of these children were engaged in subsistence farming,
    while the rest were engaged mainly in private households. Child labor
    was higher among boys (86.6 percent of child workers) than girls (13.4
    percent). This was true for all economic activities considered. Herd
    boys were sometimes attacked by armed stock thieves, caught in fights
    over ownership of animals, and subjected to harsh weather conditions.
    In traditional rural society, these rigorous and occasionally dangerous
    working conditions were considered a prerequisite to manhood, essential
    to the livelihood of families, and beyond the reach of labor laws.
        According to 2000 and 2004 reports produced by the Ministry of
    Labor in collaboration with UNICEF and other partners, the worst forms
    of child labor included herding, street work and domestic work. Most
    jobs performed by children were often gender specific: boys were
    livestock herders, carried packages for shoppers, washed cars, and
    collected fares for minibus taxis; girls were domestic servants; and
    both boys and girls worked as street vendors.
        The labor survey indicates that children working in the streets
    typically start at the age of 12. The most common work they do is
    selling fruits and vegetables. Children worked more than eight hours a
    day, which is the maximum stipulated in the law for an adult. They also
    worked without breaks six or seven days a week. Domestic workers also
    started as young as 12 years.
        The Ministry of Labor, in collaboration with the police CGPU, is
    responsible for investigating cases of working children. Child labor
    inspections are conducted as part of general labor inspections.
    Approximately 1,000 labor inspections were completed during the year.
    No child labor cases have been reported, and hence no prosecutions,
    convictions, or penalties have been imposed. Scarcity of resources
    hindered labor inspections; the labor commissioner noted the difficulty
    of tracking child labor because the Government had no child-labor-
    specific strategy or program.
        The commissioner indicated that the Ministry of Labor, the CGPU,
    and the Ministry of Gender and Youth, Sports, and Recreation generally
    disseminated information on prevention of child labor as part of their
    other programs, but did no child-labor-specific outreach.

        e. Acceptable Conditions of Work.--There is a sector-specific
    national minimum wage and a general minimum wage. The general minimum
    monthly wage varies from 878 to 958 maloti ($125 to $136). Examples of
    minimum monthly wages for other job categories include textile workers,
    778 maloti ($111); construction workers, 1,040 maloti ($148); security
    guards, 1,181 maloti ($168); food service workers, 1,110 maloti ($158);
    and domestic workers, 339 maloti ($48).
        Minimum wages are updated every October 1 through the amended labor
    code minimum wage schedule. The national minimum wage does not provide
    a decent standard of living for a worker and family. Trade unions
    continue to engage the Government on the matter. Since the Wage
    Advisory Board started negotiations in July, there were deep divisions
    between the Factory Workers Union (FAWU) and Lesotho Congress of
    Apparel Workers Union (LECAWU), the two main textile and garments trade
    unions; both of which are part of the board. FAWU proposed the board
    increase the minimum wage for a textile worker to 1,300 maloti ($185),
    while LECAWU proposed an increase to 816 maloti ($116). FAWU believed
    that LECAWU's proposal does not provide a minimum ``living wage, but
    rather a poor minimum wage,'' and accused the Wage Advisory Board of
    serving the interests of employers and not workers.
        The Ministry of Labor is responsible for enforcing the minimum
    wage. However, budget resources impacted the enforcement of the law; in
    practice, businesses operating in the formal sector, including the
    apparel industry, were subject to more enforcement than businesses
    operating in the informal sector. The Labor Inspectorate reported that
    many locally owned businesses did not keep records of employees'
    salaries to facilitate labor inspections as required by law. Minimum
    wage provisions do not cover significant portions of the workforce. The
    approximately 30,000 Basotho men working in South African mines and
    workers in agriculture or other informal sectors were not covered by
    Lesotho's labor laws.
        The law stipulates standards for hours of work, including a maximum
    45-hour work week, a weekly rest period of at least 24 hours, a daily
    minimum rest period of one hour, at least 12 days of paid leave per
    year, paid sick leave, and public holidays.
        Required overtime is legal as long as overtime wages are paid for
    work in excess of the standard 45-hour workweek. The maximum overtime
    allowed is 11 hours per week; however, there were exemptions under
    special circumstances. The laws require that the premium pay for
    overtime be at a rate not less than one and one quarter times the
    employee's normal wage; any employer who requires excessive compulsory
    overtime shall liable to a fine not exceeding 600 maloti ($85) or to
    imprisonment for a period not exceeding six months or both. Labor laws
    do not cover the agricultural and other informal sectors, where most
    workers were employed. The Labor Inspectorate stated that employers did
    not always observe these standards. According to the labor
    commissioner, employers in the retail sector were the worst violators.
    The most common allegations involved ignoring labor regulations for
    ordinary work hours, overtime, and public holidays.
        The law requires employers to provide adequate light, ventilation,
    and sanitary facilities for employees and to install and maintain
    machinery in a manner to minimize injury. It also requires a registered
    health and safety officer that promotes safe conduct. Employers must
    provide first aid kits, safety equipment, and protective clothing.
    However, the law does not specify the contents of first aid kits.
    According to health and safety inspectors in the Ministry of Labor,
    larger employers generally followed health and safety regulations, but
    smaller employers failed to appoint or train registered health and
    safety officers. With the exception of the mining industry, employers'
    compliance with health and safety regulations was generally low.
    Inspectors stated that employers in the retail sector were not fully
    compliant with standards, as they had no registered health or safety
    officers, complete first aid kits, or protective clothing.
        Trade union representatives described textile-sector working
    conditions as poor or even harsh but not dangerous. Unions said that
    most textile factories were in prefabricated metal buildings with
    improper ventilation and air conditioning. Unions stated, however, that
    conditions were not detrimental to workers' health and could cite few
    examples of serious safety violations. Third party auditors hired by
    U.S. and European textile buyers conducted spot checks on most African
    Growth and Opportunity Act exporting factories, customarily sought
    union input, and briefed the unions on their findings. Unions believed
    the third party auditors kept factory owners in line with health and
    safety regulations.
        The labor code empowers the Ministry of Labor to issue regulations
    on work safety, and the ministry did so. The labor code does not
    explicitly protect the right of workers to remove themselves from
    hazardous situations without prejudice to employment; however, sections
    of the code on safety in the workplace and dismissal imply that such a
    dismissal would be illegal. The law also provides for a compensation
    system for industrial injuries and diseases related to employment.
        The commissioner of labor is charged with investigating allegations
    of labor law violations. Labor inspectors generally conducted
    unannounced inspections of a random sample of workplaces on a weekly
    basis. Inspections in mountain districts, however, were conducted
    quarterly.
        The Labor Code Amendment Act of 2006 provides for the further
    development of HIV/AIDS policies in the workplace. The Ministry of
    Labor's HIV/AIDS Support Group was responsible for the rollout of the
    code countrywide and the translation of the act into Sesotho. The
    support group also provided testing and counseling services to
    employees in the private sector living with HIV/AIDS through funding
    support from the National Aids Commission. The Apparel Lesotho Alliance
    to Fight AIDS (ALAFA) described HIV/AIDS as the primary occupational
    health risk throughout the garment and textile factories. ALAFA
    reported that 43 percent of textile workers were infected with HIV. A
    total of 85 percent of textile workers were women. ALAFA characterized
    its success in combating HIV to a partnership between the ministries of
    health, trade, labor, and industry, donors, international companies,
    employees, and employers. In addition to space for exams, employers
    provided time off to see doctors, receive counseling, and participate
    in educational and antistigma programs. As a result, ALAFA raised HIV
    awareness with 90 percent of textile workers and also provided testing
    and treatment, reduced stigma, and dramatically reduced mother to child
    transmission.
        Working conditions for foreign or migrant workers were similar to
    those of residents.
        The Government supported the implementation of Better Work Lesotho,
    implemented by the International Labor Organization and the
    International Finance Corporation, in cooperation with the factories,
    unions, and Ministry of Labor. The Better Work program is designed to
    help apparel factories in the country compete in global markets, where
    many buyers demand compliance with international core labor standards.

                                   __________

                                    LIBERIA

        Liberia is a constitutional republic with a population of
    approximately 3.5 million. In 2005 Ellen Johnson Sirleaf won multiparty
    presidential elections, which domestic and international observers
    considered generally free and fair. Since the 2003 signing of the
    Comprehensive Peace Agreement, which ended the 1989-2003 civil war, the
    UN Mission in Liberia (UNMIL) peacekeepers and the UN international
    police (UNPOL) have had primary responsibility for maintaining
    security. Efforts to train personnel for the Liberia National Police
    (LNP) and Armed Forces of Liberia (AFL) continued. While security
    forces reported to civilian authority, there were instances in which
    elements of the security forces acted independently.
        Human rights abuses included one report of mob killing; reports of
    ritualistic killings; reported incidents of trial by ordeal; police
    abuse, harassment, and intimidation of detainees and others; harsh
    prison conditions; arbitrary arrest and detention; judicial
    inefficiency and corruption; lengthy pretrial detention and denial of
    due process; official corruption and impunity; violence against women,
    including rape, and widespread domestic violence; female genital
    mutilation (FGM); child abuse and sexual violence against children;
    human trafficking; continued racial and ethnic discrimination; and
    child labor.
                            respect for human rights
    Section 1. Respect for the Integrity of the Person, Including Freedom
            From:

        a. Arbitrary or Unlawful Deprivation of Life.--The Government or
    its agents did not commit any politically motivated killings; however,
    on February 27, an LNP officer shot and killed a man reportedly over a
    personal dispute. The killing led to mob violence in which a crowd
    doused the LNP officer with a flammable liquid and set him on fire. The
    officer died of his injuries. An AFL soldier not involved in the
    dispute but at the scene was also injured and died on March 10. Seven
    persons were charged with murder and were on trial at year's end.
        In April three AFL soldiers were accused of killing two civilians.
    The case was dismissed due to lack of evidence, and the soldiers
    returned to their unit.
        In June eight security officers of the Liberian Agricultural
    Company were acquitted of the July 2009 beating to death of a man in
    Grand Bassa County.
        There were reports of ritualistic killings in which body parts used
    in indigenous rituals were removed from the victim. The total number of
    such killings was difficult to ascertain since police sometimes
    described such deaths as homicides, accidents, or suicides, even when
    body parts were removed. Protests against such killings occurred and
    sometimes resulted in riots, injuries, and deaths.
        In March police arrested 18 suspects in connection with the
    November 2009 suspected ritualistic killing of a pregnant woman
    discovered in Harper. To lead the investigation, local authorities
    hired a ``witch doctor'' who identified the suspects, including
    prominent county citizens. The minister of justice intervened to bring
    the investigation into the formal judicial system; nine of the suspects
    were awaiting trial at year's end.
        There were no developments in the July 2009 case of a high school
    girl in Maryland County found dead with body parts missing.
        There was one reported incidence of mob violence during the year.
    In April a mob beat to death two men allegedly involved in an armed
    robbery in Paynesville.
        On February 26, the body of a missing Christian girl was found at
    or near a mosque in Lofa County, which led to the belief that the
    perpetrator was Muslim. Subsequent riots between members of the
    predominantly Christian Lorma and Muslim Mandingo ethnic groups
    resulted in four deaths and 18 injuries. Eight persons were arrested in
    connection with the riots and were awaiting trial at year's end.

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

        c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
    Punishment.--The constitution prohibits such practices, but there were
    reports that police officers and other security officials employed
    them. Police sometimes abused, harassed, and intimidated persons,
    particularly during attempts to extort money on the streets. Cases of
    reported police brutality were referred to the attention of police
    commanders. The Professional Standards Division was responsible for
    investigating allegations of police misconduct and referring cases for
    prosecution. In June the LNP began conducting performance appraisals to
    foster professional development among officers and to identify areas
    for improvement.
        On March 3, LNP officers beat a foreign citizen who was
    photographing police conducting a search. The police also confiscated
    her camera and took her to LNP headquarters where she was beaten again
    but never arrested. The inspector general of police and diplomatic
    representatives intervened, and the LNP returned her camera and
    apologized.
        In May Representative George W. Blamoh allegedly beat an LNP
    officer who attempted to impound his vehicle for improper parking and
    traffic violations. An investigation was completed and submitted to the
    Ministry of Justice, and Blamoh was awaiting trial at year's end.
        On July 10, Deputy Speaker of the House Togbah Mulbah allegedly
    ordered the beating of LNP officer Lexington Beh for impounding a truck
    belonging to the lawmaker. The incident became politicized when
    partisans from the lawmaker's political party, the Congress for
    Democratic Change, surrounded Mulbah's residence the next day as police
    attempted to arrest him. Upon further investigation, an 11-count
    indictment was issued in July, and Mulbah was awaiting trial at year's
    end.
        Despite being illegal, the practice of trial-by-ordeal, which
    involves actions such as the placement of a heated metal object on a
    suspect's body or the insertion of an extremity into hot oil to
    determine whether the defendant is telling the truth, continued in
    rural areas. In April the Government conducted a national conference
    focusing on efforts to harmonize the traditional and formal justice
    systems.
        Mob violence and vigilantism--which resulted in part from the
    public's lack of confidence in the police and judicial system--resulted
    in deaths and injuries.

        Prison and Detention Center Conditions.--Inadequate provisions for
    food, sanitation, ventilation, temperature, lighting, basic and
    emergency medical care, and access to potable water contributed to
    harsh and in some cases life-threatening conditions in the country's 15
    prisons and detention centers. While the Government provided some food,
    many prisoners supplemented their daily meals by purchasing additional
    food at the prison or receiving food from visitors. With the support of
    the International Committee of the Red Cross (ICRC), the Bureau of
    Corrections undertook rehabilitation activities to improve access to
    clean water and sanitation facilities at Monrovia Central Prison, the
    Zwedru Correctional Palace, and the Robertsport and Voinjama
    facilities.
        The UN and nongovernmental organizations (NGOs) continued to
    provide medical services and improve basic sanitary conditions. The
    ICRC also conducted an assessment on access to medical care in all 15
    prisons and detention facilities.
        The county prison in Voinjama, Lofa County, remained in a state of
    disrepair following the prison break which occurred during the February
    26 violence.
        According to statistics from the Bureau of Corrections, half the
    country's 1,524 prisoners were held at Monrovia Central Prison, which
    operated at more than twice its capacity due to the large number of
    pretrial detainees. The total prison population included 31 women and
    69 juveniles. Prisons remained understaffed. Men and women were held in
    separate cells in larger facilities, however they were held together in
    some counties or cities that had only one prison cell. In many counties
    juveniles and adults were held together, and pretrial detainees were
    generally held with convicted prisoners. During the year some counties
    without adequate prison facilities transferred their prisoners to
    Monrovia.
        Regular visitation hours and religious observances were generally
    respected. Officials from the Human Rights Division of the Ministry of
    Justice and Bureau of Corrections visited prisons to monitor conditions
    during the year. Internal reports and investigations into inhumane
    conditions were not publicly accessible.
        The Government permitted the independent monitoring of prison
    conditions by local human rights groups, international NGOs, the UN,
    and the media. Some human rights groups, including national and
    international organizations, made regular visits to detainees held in
    police headquarters and to prisoners in Monrovia Central Prison. The
    ICRC visited all of the 15 prisons and detention centers in the country
    and ICRC visits were in accordance with standard modalities.
        No ombudsman system was in place to serve on behalf of prisoners
    and detainees.
        During the year the Government and international partners continued
    renovations at several county prisons. In July UNMIL, in collaboration
    with the Ministry of Justice, completed construction of a modern prison
    in Sanniquellie.

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

        Role of the Police and Security Apparatus.--The Ministry of Justice
    has responsibility for enforcing laws, maintaining order within the
    country, and overseeing the LNP and the National Bureau of
    Investigation. An estimated 8,100 UNMIL peacekeepers and 1,300 UNPOL
    officers had primary responsibility for maintaining security.
    Approximately 460 UNPOL officers and 845 officers in the UN Formed
    Police Units (armed foreign police detachments assigned to UNMIL)
    assisted with monitoring, advising, and training the LNP. During the
    year 293 LNP officers were recruited, screened, trained, and deployed,
    primarily to Monrovia. As a result, a total of 4,039 LNP officers were
    in country by year's end, with 1,233 deployed outside of Monrovia and
    Montserrado County.
        The LNP operated independently and retained arrest authority;
    however, the Special Security Service, which is responsible for the
    security of the president and other senior government officials, UNPOL,
    and armed UN Formed Police Units, accompanied LNP officers in joint
    patrols around Monrovia. There were 45 LNP Women's and Children's
    Protection Section (WCPS) offices with 21 of them outside of
    Montserrado County.
        Officers of the Police Support Unit received additional training in
    weapons and crowd and riot control. At the end of the year 150 new
    officers were in training to join the 148-member unit.
        Members of the Emergency Response Unit (ERU), which was established
    in 2008, received specialized training and were armed, unlike most LNP
    patrol officers. The ERU was charged with conducting special police
    operations in antiterrorism, hostage rescue, internal security,
    tactical anticrime, and search and rescue situations. The ERU increased
    its membership from 288 officers at the end of 2009 to 331 by year's
    end.
        In October the LNP created an inspectorate responsible for ensuring
    all officers received training in revised standards of procedure, duty
    manuals, and policies.
        The Liberian Coast Guard was commissioned in February and is
    responsible for enforcement of the country's maritime laws. The guard
    consisted of 50 members by year's end.
        LNP officers were poorly equipped, ineffective, and slow to respond
    to criminal activity, although the police foot patrol program showed
    signs of improvement in strategic areas. LNP salaries were generally
    paid on time, but were low, contributing to widespread corruption.
    Police had limited transportation, logistics, communication, and
    forensic capabilities, and did not have the capacity to investigate
    adequately many crimes, including murders. Due to the lack of a crime
    lab and other investigative tools, prosecutors blamed losing cases in
    court on inadequate police investigation and evidence gathering.

        Arrest Procedures and Treatment While in Detention.--The
    constitution requires warrants to make arrests and provides that
    detainees either be charged or released within 48 hours; however,
    arrests were often made without warrants, or warrants were sometimes
    issued without sufficient evidence, and detainees, particularly those
    without the means to hire a lawyer, often were held for more than 48
    hours without charge. Detainees generally were informed of the charges
    against them upon arrest. Detainees have the right to prompt
    determination of the legality of their arrest, but in practice, this
    did not always occur. The law provides for bail for all offenses except
    rape, murder, armed robbery, and treason. Detainees have the right to
    prompt access to counsel, visits from family members, and if indigent,
    to an attorney provided by the state, but the Government did not always
    observe such rights.
        Although the law provides for the right of a defendant to receive
    an expeditious trial, lengthy pretrial and prearraignment detention
    remained serious problems. An estimated 85 percent of prisoners were
    pretrial detainees, 858 of whom were released during the year as a
    result of actions by the Fast Track Court to reduce prison
    overcrowding. Beginning in February the Ministry of Justice's
    notifications to the court of its intention not to prosecute in cases
    lacking sufficient evidence also resulted in the release of detainees.
        However, with the incarceration of new detainees, prisons remained
    overcrowded. In some cases the length of pretrial detention exceeded
    the maximum length of sentence that could be imposed for the alleged
    crime. Judicial inefficiency, corruption, and the lack of transport,
    court facilities, attorneys, and qualified judges caused trial delays.

        e. Denial of Fair Public Trial.--The constitution and law provide
    for an independent judiciary; however, the judicial system was corrupt
    and functioned slowly (see section 4). Judges were subject to
    political, social, familial, and financial pressures. Uneven
    application of the law and the unequal distribution of personnel and
    resources remained problems throughout the judicial system. Some judges
    were unable to hold court due to lack of security, supplies, equipment,
    or a courthouse. The Professional Magistrates Training Program began in
    March to train university graduates for entry into magisterial courts
    throughout the country to improve judicial efficiency and access,
    particularly in the counties.

        Trial Procedures.--Trials are public, and juries are used in
    circuit-court trials but not at the magistrate level. Under the
    constitution defendants have the right to be present, to consult with
    an attorney in a timely manner, and to have access to government-held
    evidence relevant to their case; however, these rights were not always
    observed. Defendants enjoy a presumption of innocence and have the
    right to an attorney, to confront or question witnesses against them,
    present evidence and witnesses on their behalf, and to appeal adverse
    decisions, but many of these protections were not available to
    defendants who could not pay bribes or afford an attorney. Some local
    NGOs continued to provide legal services to indigents and others who
    had no representation. There continued to be long delays in deciding
    cases.

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

        Civil Judicial Procedures and Remedies.--There is an independent
    civil law court in Monrovia, but circuit courts in each county function
    as both criminal and civil courts. Specialty courts, such as the tax
    court, probate court, and labor court, also address civil matters. NGOs
    and the Government continued to establish mediation centers to reduce
    court caseloads. There is no specialized court to address lawsuits
    seeking damages for human rights violations. As with criminal courts,
    specialized courts were inefficient and corrupt. On September 16,
    legislation was passed to establish a commercial court with
    jurisdiction over debts incurred from commercial transactions.

        Property Restitution.--Violence arising from land disputes
    decreased during the year. The Land Commission, established in August
    2009, worked to resolve disputes and to harmonize traditional and
    formal land ownership laws. On July 26, President Sirleaf declared that
    the Government will exercise the right of eminent domain over disputed
    land in Ganta, Nimba County, after failed efforts to implement a 2007
    ruling that the disputed land occupied by Gio and Mano persons should
    revert to the original Mandingo owners.

        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 could generally criticize the Government publicly or
    privately without reprisal; however, in August the senate summoned the
    leaders of three civil society organizations, the Center for Democratic
    Empowerment, the Liberia Democracy Watch, and the Institute for
    Democracy and Development, for referring to the legislature's decision
    on the electoral threshold bill as ``mentally impoverished'' and
    ``mischievous.'' The senate ordered the organizations to issue a letter
    of apology published in at least 10 newspapers and read on local radio
    stations for five consecutive days. The leaders were summoned once
    again to appear on August 26 after the apologies were not issued as
    directed. Although the leaders were once again ordered to issue the
    apologies as mandated within 48 hours or face arrest, the senate
    accepted the organizations' efforts to publish the apology in some of
    the newspapers, and no further action was taken.
        The media could generally criticize the Government publicly or
    privately without reprisal. However, the Government did seek redress
    for alleged libel in the courts.
        The Supreme Court directed Rodney Sieh, editor of the newspaper
    Front Page Africa, to appear before the court on November 1 to explain
    an article the newspaper published that the court contended was
    inaccurate. The case was pending at year's end.
        On December 8, the senate leadership committee ordered Darius
    Dillon, the chief of staff to a senator, to retract derogatory
    statements made earlier against a senior senator from the ruling Unity
    Party within 72 hours or face further disciplinary action. Dillon
    defied the order, and the committee suspended him for 90 days without
    pay.
        The December 2009 case, involving charges against the publisher and
    printer of The Plain Truth newspaper for sedition and libel of the
    president, was dropped since it exceeded the statutory period of two
    terms of court without being resolved.
        In December 2009, the Ministry of Information allowed the New Broom
    newspaper to resume publishing following its August 2009 closure for
    failing to register properly. However, on November 2, the New Broom was
    ordered to pay $5 million for damages in the September 2009 libel case
    filed by President Sirleaf. The newspaper had reported that she had
    accepted a bribe of 143 million Liberian dollars ($2.91 million). The
    New Broom was absent during the proceedings and was ordered closed
    until payment of damages was received; it remained closed at year's
    end.
        The independent media were active and expressed a wide variety of
    views without restriction; however, journalists commonly accepted
    payments to publish articles, and did not always fact check their
    sources.
        In Monrovia there were approximately a dozen newspapers that
    published during the year with varying degrees of regularity; six were
    independent dailies, and five were independent biweekly newspapers. The
    Government published the New Liberian newspaper. Due to the price of
    newspapers and transportation, the 55-75 percent illiteracy rate, and
    road conditions, newspaper distribution was limited to Monrovia.
        Radio remained the primary means of mass communication, and
    stations operated without government restrictions.
        During the year the radio journalist who alleged in May 2009 that
    the senate president pro tempore struck him did not press charges, and
    no action was taken.

        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. Due
    to high cost, high illiteracy, and lack of infrastructure, less than 1
    percent of the country's inhabitants used the Internet, according to
    International Telecommunication Union statistics for 2009.

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

        b. Freedom of Peaceful Assembly and Association.--Freedom of
    Assembly.--The constitution provides for the right of peaceful
    assembly, and the Government generally respected it in practice.
    However, on August 18, LNP officers forcibly dispersed and arrested
    seven residents of the Ducor Hotel area who were marching to the
    Capitol Building to petition lawmakers regarding a government eviction
    order. Those arrested were released, and no further action was taken.
        There were no further developments in the March 2009 destruction of
    property case involving several demonstrators in Gbarnga.

        Freedom of Association.--The constitution provides for the right of
    association, and the Government generally respected this right in
    practice.

        c. Freedom of Religion.--For a description of religious freedom,
    please see the Department of State's 2010 International Religious
    Freedom Report at www.state.gov/g/drl/irf/rpt

        d. Freedom of Movement, Internally Displaced Persons, Protection of
    Refugees, and Stateless Persons.--The constitution provides for freedom
    of movement within the country, foreign travel, emigration, and
    repatriation, and the Government generally respected these rights in
    practice. However, LNP and Bureau of Immigration officers occasionally
    subjected travelers to arbitrary searches and petty extortion at
    checkpoints.
        The Government cooperated with the Office of the UN High
    Commissioner for Refugees (UNHCR) and other humanitarian organizations
    in providing protection and assistance to internally displaced persons,
    refugees, returning refugees, asylum seekers, stateless persons, and
    other persons of concern.
        The law prohibits forced exile, and the Government did not use it.

        Protection of Refugees.--The country's laws provide for the
    granting of asylum or refugee status, and the Government had an
    established system for providing protection to refugees and granted
    refugee status and 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. The
    Government also provided temporary protection to individuals who may
    not qualify as refugees under the 1951 refugee convention or its 1967
    protocol. The Government generally cooperated with the UNHCR and other
    humanitarian organizations in assisting refugees and asylum seekers.
        Due to fears arising from the contested presidential run-off
    elections in Cote d'Ivoire, Ivoirian refugees began entering the
    country on November 29. At year's end, the UNHCR had registered 20,804
    new Ivoirian refugees, many of whom had ethnic or economic ties to
    Liberians and were absorbed by local communities along the border.
        During the year the UNHCR assisted in the voluntary repatriation of
    1,278 Liberian refugees from other West African countries.
        The Land Commission's review of land disputes between returning
    landowners and internally displaced persons who took over their land
    during the civil war and its review of disputes between villages trying
    to accommodate returning refugees resulted in decreased violence during
    the year.
    Section 3. Respect for Political Rights: The Right of Citizens to
            Change Their Government
        The law provides citizens the right to change their government
    peacefully, and citizens exercised this right in practice through free
    and fair elections based on universal suffrage.

        Elections and Political Participation.--In 2005 Ellen Johnson
    Sirleaf won the national presidential elections with 59.4 percent of
    the vote in a runoff election; voters also selected 30 senators and 64
    representatives.
        The state is highly centralized, and the head of state appoints
    county superintendents. Local governments had no independent revenue
    base and relied entirely on the central government for funds. As a
    result there were very limited government services outside of Monrovia.
    Local officials were provided funds through the County Development
    Fund, but in some cases these funds were allegedly misused by country
    government officials.
        In August the National Elections Commission publicized its schedule
    for the conduct of national elections scheduled for October 2011.
    Registration of political parties and independent candidates took place
    during the year, and by year's end there were approximately 20
    registered parties.
        There were five female ministers and eight female deputy ministers.
    There were five women in the 30-seat Senate and nine women in the 64-
    seat House of Representatives. There were two female associate justices
    on the five-seat Supreme Court. Women constituted 33 percent of local
    government officials and 31 percent of senior and junior ministers.
        Muslims occupied senior government positions, including one
    minister, one deputy minister, three senators, six representatives, one
    Supreme Court justice, and one county superintendent.
    Section 4. Official Corruption and Government Transparency
        The law does not provide criminal penalties for corruption, which
    remained systemic throughout the Government, although criminal
    penalties do exist for economic sabotage, mismanagement of funds and
    other corruption-related acts. Official corruption and the sense of a
    culture of impunity were exacerbated by low pay levels for the civil
    service, lack of job training, and a lack of court convictions. The
    Government dismissed officials for alleged corruption and recommended
    others for prosecution. The Liberian Anti-Corruption Commission (LACC)
    and the Ministry of Justice are responsible for exposing and combating
    official corruption. The LACC is empowered to prosecute any case that
    the Ministry of Justice declines to prosecute; however, the Ministry
    had not declined to prosecute any such cases during the year.
        The LACC, which had a minimal budget and insufficient staff,
    investigated eight cases and recommended four for prosecution. Included
    in the recommendations were former Inspector General of Police Beatrice
    Munah Sieh for irregularities in the appropriation of uniforms and two
    Ministry of Finance officials for their alleged roles in
    misappropriating civil service salary checks. The LACC reported 21
    additional corruption cases were pending investigation by year's end.
        Former Liberia Telecommunications Authority chair Albert Bropleh
    was acquitted on a technicality for alleged misuse of $71,022; however,
    the case was under review by the Supreme Court at year's end.
        Judges were susceptible to bribes from damages that they awarded in
    civil cases. Judges sometimes requested bribes to try cases, release
    detainees from prison, or find defendants not guilty in criminal cases.
    Defense attorneys and prosecutors sometimes suggested that defendants
    pay a gratuity to appease judges, prosecutors, jurors, and police
    officers or to secure favorable rulings from them. Jurors were also
    susceptible to bribes, and the Ministry of Justice increased its calls
    to reform the jury system.
        Despite her strong emphasis on decentralization, President Sirleaf
    froze County Development Funds pending ongoing audits due to evidence
    of frequent misuse; such funding was intended to support local projects
    to reduce poverty. The move to recentralize administration of local
    development projects was widely seen as a result of inadequate local
    management, which often funneled development funds to support political
    interests of legislators rather than to reduce poverty.
        The Government dismissed or suspended a number of officials for
    corruption. For example, in April the comptroller for the Ministry of
    Foreign Affairs and a senior financial officer were dismissed for
    allegedly stealing $4,500 intended for the country's embassy in
    Nigeria.
        In May the Bureau of Immigration and Naturalization recommended six
    officers for prosecution for collusion in the escape of six Bangladeshi
    detainees. The case was pending investigation at year's end.
        In June the National Security Agency arrested three Ministry of
    Finance officials for soliciting bribes of $10,000 each from the Cocopa
    Rubber Plantation Company. The case was pending investigation at year's
    end.
        On September 24, the Government dropped the 2007 economic sabotage
    case against former National Transitional Government of Liberia chair
    Charles Gyude Bryant due to a lack of evidence.
        On October 12, President Sirleaf recommended senior officials for
    dismissal and referred others for further investigation for their
    involvement in the Carbon Harvesting Corporation deal, a carbon-credit
    agreement containing irregularities that would have resulted in
    significant loss of government revenue.
        The investigation of the former assistant superintendent for
    development in Grand Cape Mount County was pending at year's end
    following his October 2009 dismissal for involvement in the
    disappearance of approximately $90,000 from the Grand Cape Mount County
    Development Fund.
        The March 2009 case against the former minister of information
    Lawrence Bropleh was dismissed with prejudice on December 7. The
    dismissal cited the prosecution's alleged failure to appear in court;
    however, the Ministry of Justice contested the judge's claim. A writ of
    prohibition to undo the judge's decision was before the Supreme Court
    at year's end.
        Police corruption was a problem. During the year the LNP
    investigated reports of police misconduct or corruption, and
    authorities suspended or dismissed several LNP officers. For example,
    in August an LNP officer was charged with property theft and was
    awaiting trial at the end of the year.
        In June a senior LNP official was accused of assaulting an
    individual over a personal misunderstanding. The official was suspended
    and ordered to pay restitution; however, no restitution was made and he
    remained suspended by the end of the year.
        On October 9, the LNP director announced the implementation of
    complaint forms to be submitted by the public to report incidents of
    bribery or unethical practices.
        In November an LNP officer was arrested for allegedly permitting
    his acquaintances to use his police uniform to commit acts of armed
    robbery. He was released and returned to duty due to a lack of
    evidence.
        There were no developments in the September 2009 case of the former
    Monrovia chief of patrol indicted for looting the house of a private
    prosecutor.
        During the year the Government continued to take steps to improve
    transparency.
        The General Audit Commission continued its ministerial audits and
    referred findings to the legislature. However, the legislature did not
    recommend any cases to the Ministry of Justice for prosecution.
        The Ministry of Finance published the national budget and quarterly
    financial results, and state-owned enterprises published financial
    statements. Periodic, short-term advisors continued to support the
    Ministry of Finance and other government entities during the year.
    Advisers helped improve financial management, purchasing, and
    contracting practices, and instituted financial controls that increased
    government revenues and helped to curb corrupt practices. However,
    government ministries and agencies did not always adhere to public
    procurement regulations, particularly with natural resource
    concessions. The Government made strides in adhering to the principles
    of the Liberia Extractive Industries Transparency Initiative.
        The act establishing the LACC empowers it to create laws and
    regulations to combat official corruption. One such law requires public
    officials to disclose publicly their finances. By the end of the year,
    79 officials had complied, bringing the total number since 2008 to 197
    officials.
        On September 2, the legislature passed the Freedom of Information
    Act, which provides that the Government should release government
    information not involving national security or military issues upon
    citizens' requests.
    Section 5. Governmental Attitude Regarding International and
            Nongovernmental Investigation of Alleged Violations of Human
            Rights
        A number of domestic and international human rights groups operated
    without government restriction, investigating and publishing their
    findings on human rights cases. Government officials were generally
    cooperative and responsive to their views.
        In September the legislature confirmed the seven commissioners to
    the Government's Independent National Commission on Human Rights
    (INCHR).
        There were no developments in a Ministry of Justice investigation
    into the April 2009 allegation of police abuse of an NGO official.
        The case against former president Charles Taylor, whom the
    Government in 2006 transferred to the Special Court for Sierra Leone in
    The Hague to face war crimes charges, was ongoing at year's end.
        The Truth and Reconciliation Commission (TRC) closed its office in
    July.
        President Sirleaf submitted two of four quarterly reports mandated
    by the TRC Act on the Government's progress in implementing TRC
    recommendations. In the first report submitted in March, the president
    explained she was seeking the advice of the Ministry of Justice and the
    Law Reform Commission regarding the report's recommendations for
    prosecution.
        The second report, due in June, was submitted to the legislature on
    August 30. The delay was attributed to the convening of a
    presidentially organized civil society task force charged with
    formulating a road map on how to respond to and implement the TRC's
    recommendations. The task force advised the president that, considering
    the legal, political, and security implications of the TRC's
    recommendations, which included the president for public sanction,
    implementation should not be the exclusive responsibility of the
    executive as the TRC act requires. The legislature delayed discussion
    of the report until it reconvenes in 2011.
        On November 30, Richelieu ``Archie'' Williams, the Director General
    of the Liberia Civil Aviation Authority, filed a petition against the
    minister of justice and the INCHR chair to nullify the TRC report's
    recommended list of individuals to be publicly sanctioned. Williams,
    who appears on the list, argued the imposition of the 30-year ban would
    deny him due process and was therefore unconstitutional. The case was
    pending at year's end.
    Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
        The constitution prohibits discrimination based on ethnic
    background, sex, creed, place of origin, disability, ethnic origin, or
    political opinion; however, the Government did not enforce these
    provisions effectively.
        The constitution, however, enshrines discrimination on the basis of
    race, and only persons who are ``Negroes'' or of ``Negro descent'' can
    become citizens or own land. Differences stemming from the country's
    civil war continued to contribute to social and political tensions
    among ethnic groups.

        Women.--Rape continued to be a widespread problem. The 2006 rape
    law legally defined rape; however, the Government did not always
    effectively enforce the law. The Government worked during the year to
    sensitize women and men on the prevention, treatment, and prosecution
    of rape. The Government and NGOs attributed increased reporting of rape
    due to an improved understanding of what constitutes rape. The Sexual
    Pathways Referral program, a combined effort of the Government and
    NGOs, improved access to medical, psychosocial, legal, and counseling
    assistance for victims. The maximum sentence for first-degree rape is
    life imprisonment and 10 years for second-degree rape, although
    presiding judges had discretion to sentence less than the maximum.
    Accused first-degree rapists were not eligible for bail. The law does
    not specifically criminalize spousal rape. The WCPS unit of the LNP
    stated that approximately 277 rape cases were reported to the unit, of
    which 114 were prosecuted.
        As mandated by the 2008 Gender and Sexually-Based Violence Bill,
    the special court for rape and other violence has exclusive original
    jurisdiction over cases of sexual assault including abuse of minors in
    Montserrado County, which includes Monrovia. In the six cases
    prosecuted during the year, the Government won two convictions. One
    perpetrator was sentenced to jail for 10 years and the other for 15
    years.
        In August the Liberia Bar Association called for the removal or
    revision of the 2006 rape law based on an argument that the provision
    of making first-degree rape a nonbailable offense was a violation of
    the rights of the accused.
        The Sexual and Gender Based Violence Crimes Unit within the
    Ministry of Justice continued to coordinate with the special court and
    collaborate with NGOs to increase sensitization of sexual and gender
    based violence issues.
        Outside of Montserrado Country, the stigma of rape contributed to
    the pervasiveness of out-of-court settlements and obstructed
    prosecution of cases. Inefficiency in the justice system also
    prohibited timely prosecution of cases, although local NGOs pushed for
    prosecution and sometimes provided lawyers to indigent victims. The
    Government raised awareness of the issue of rape through billboards,
    radio broadcasts, and other publicity campaigns.
        The law prohibits domestic violence; however, it remained a
    widespread problem. The maximum penalty for domestic violence is six
    months' imprisonment, but the Government did not enforce the law
    effectively, and cases, if reported, were generally treated as either
    simple or aggravated assault. The Government and the media made some
    efforts to publicize the problem, and several NGOs continued programs
    to treat abused women and girls, and to increase awareness of their
    rights. LNP officers received training on sexual offenses as part of
    their initial training. In September the Gender Based Violence
    Secretariat began a review of the national action plan for domestic
    violence.
        During the year the Ministry of Gender and Development organized
    workshops and seminars to combat domestic violence.
        The law does not prohibit sexual harassment, and it was a major
    problem, including in schools and places of work. Government billboards
    warned against harassment in the workplace.
        There are no laws restricting couples and individuals from deciding
    freely and responsibly the number, spacing, and timing of their
    children; however, information and assistance on family planning topics
    relevant to these issues was difficult to obtain, particularly in rural
    areas, where there were few health clinics. In Bong County, for
    example, women had to walk from one to four hours to reach a clinic,
    while in River Cess and Grand Kru counties, the walk could take one or
    two days. In Bong County 86 percent of women surveyed reported knowing
    about contraception, although only 35 percent reported using it, and
    only 20 percent had requested information or treatment about sexually
    transmitted diseases.
        There was no indication of discrimination between men and women in
    diagnosis or treatment of sexually transmitted infections, including
    HIV. The maternal mortality rate was 994 deaths per 100,000 live
    births.
        Women have not recovered from the setbacks caused by the war, when
    almost all schools were closed, and they were prevented from
    maintaining their traditional roles in the production, allocation, and
    sale of food. Thousands of women remained displaced, preventing them
    from pursuing livelihoods or education.
        Women and men enjoy the same legal status. Women can inherit land
    and property, receive equal pay for equal work, and were allowed to own
    and manage businesses.
        While women experienced some economic discrimination based on
    historic traditions, the Government worked to promote women in the
    economic sector through programs and NGO partnerships to conduct
    workshops and micro-credit lending programs. A number of businesses
    were female-owned or operated.
        The Government prohibits polygyny; however, traditional laws permit
    men to have more than one wife. No specific office exists to ensure the
    legal rights of women, but the Ministry of Gender and Development was
    generally responsible for promoting women's rights.

        Children.--Citizenship can be derived through parentage if at least
    one parent is a Liberian citizen or by birth in the country if the
    child is of ``African'' descent. If a child born in the country is not
    of African descent, the child cannot acquire citizenship. As a result,
    non-African residents, such as members of the large Lebanese community,
    cannot acquire or transmit citizenship. The law requires parents to
    register their infants within 14 days of birth; however, fewer than 5
    percent of births were registered. In July the Government successfully
    launched a new birth registration and certification program focused on
    six counties.
        While primary education is compulsory and tuition-free, many
    schools still charged informal fees to pay unpaid teachers and to cover
    operating costs that prevented many students from attending. Fees
    continued for secondary school, and the Government was unable to
    provide for the needs of the majority of children. In both public and
    private schools, families of children were required to provide their
    own uniforms, books, pencils, paper, and even desks.
        Widespread child abuse continued, and reports of sexual violence
    against children increased during the year. According to an August 11
    UNMIL report, 70 percent of rape victims during the preceding six
    months were under the age of 16. Civil society organizations reported
    increased incidence of rape of girls under 12, and there were 53
    reported cases of child endangerment during the year.
        FGM was common and traditionally performed on young girls in
    northern, western, and central ethnic groups, particularly in rural
    areas. The most extreme form of FGM, infibulation, was not practiced.
    The law does not specifically prohibit FGM. Traditional institutions,
    such as the secret Sande Society, often performed FGM as an initiation
    rite, making it difficult to ascertain the number of cases. To combat
    harmful traditional practices like FGM, the Government trained
    community leaders and women's groups during the year and provided
    training in alternative income generating skills to FGM practitioners.
        Young women and girls engaged in prostitution for money, food, and
    school fees. The minimum age for consensual sex is 18, and 46 out of 95
    reported cases of statutory rape were brought to court in the year.
    Statutory rape is a first-degree rape offense and the maximum sentence
    for perpetrators is life imprisonment. Child pornography is also
    prohibited by law, with a penalty of up to five years imprisonment for
    violators.
        Despite international and government attempts to reunite children
    separated from their families during the civil war, there were still
    children who lived on the streets in Monrovia. It was difficult to tell
    who were street children, former combatants, or internally displaced
    persons. Nearly all children over 10 had witnessed atrocities during
    the 14-year civil war, and some children had committed atrocities.
        Regulation of orphanages continued to be very weak. Many unofficial
    orphanages also served as transit points or informal group homes for
    children, some of whom had living parents who had given up their
    children for possible adoption. Orphanages had difficulty providing
    basic sanitation, adequate medical care, and appropriate diet. They
    relied primarily on private donations and support from international
    organizations, such as the UN Children's Fund and the World Food
    Program, which provided food and care throughout the year. Many orphans
    lived outside these institutions. In September, 19 children were
    reportedly starving due to having only one meal per day in an orphanage
    in Maryland County. The Government closed the facility and it remained
    closed at year's end.
        Liberia is not a party of the 1980 Hague Convention on the Civil
    Aspects of International Child Abduction. To address issues of child
    adoption and international child abduction, the moratorium on child
    adoption imposed by the Government in January 2009 continued during the
    year. For information on international parental child abduction, please
    see the Department of State's annual Report on compliance at http://
    travel.state.gov/abduction/resources/congressreport/congressreport--
    4308.html.

        Anti-Semitism.--There was no significant Jewish community in the
    country, and there were no reports of anti-Semitic acts.

        Trafficking in Persons.--For information on trafficking in persons,
    please see the Department of State's annual Trafficking in Persons
    Report at http://www.state.gov/g/tip.

        Persons With Disabilities.--Although it is illegal to discriminate
    against persons with physical and mental disabilities, such persons did
    not enjoy equal access to government services. No laws mandate access
    to public buildings. Streets, schools, public buildings, and other
    facilities were generally in poor condition and inaccessible to persons
    with disabilities. Many citizens had permanent disabilities as a result
    of the civil war. Persons with disabilities faced societal
    discrimination, particularly in rural areas.
        The National Commission on Disabilities and the Ministry of Health
    and Social Welfare were responsible for protecting the rights of
    persons with disabilities; however, they did not do so effectively.
    During the year the commission and ministry conducted a series of
    sensitization programs about persons with disabilities. NGOs provided
    some services to persons with disabilities.

        National/Racial/Ethnic Minorities.--Although the law prohibits
    ethnic discrimination, racial discrimination is enshrined in the
    constitution, which provides that only ``persons who are Negroes or of
    Negro descent'' may be citizens or own land. Many persons of Lebanese
    and Asian descent who were born or lived most of their lives in the
    country were denied citizenship and property rights as a result of this
    discrimination.
        The country has 16 indigenous ethnic groups; each speaks a distinct
    primary language and was concentrated regionally. Differences involving
    ethnic groups continued to contribute to social and political tensions.

        Societal Abuses, Discrimination, and Acts of Violence Based on
    Sexual Orientation and Gender Identity.--The law prohibits sodomy, and
    the culture is strongly opposed to homosexuality. ``Voluntary sodomy''
    is a misdemeanor with a penalty of up to one year's imprisonment;
    however, no convictions under the law occurred in recent years. There
    were no reported instances of violence based on sexual orientation.
    There were no lesbian, gay, bisexual, or transgender organizations in
    the country.

        Other Societal Violence or Discrimination.--There were no reports
    of societal violence against persons with HIV/AIDS.
    Section 7. Worker Rights

        a. The Right of Association.--The law allows workers to form or
    join freely independent unions of their choice without prior
    authorization or excessive requirements. The law also provides workers,
    except members of the military, police, and civil service, the right to
    associate in trade unions, and workers exercised this right in
    practice. The law allows unions to conduct their activities without
    interference, and the Government protected this right in practice. The
    law prohibits unions from engaging in partisan political activity.
    Workers, except members of the civil service, have the right to strike.
    Union power increased during the year through increased membership at
    major plantations; however, the country's largely illiterate workforce
    engaged in few economic activities beyond the subsistence level.
        The law does not prohibit retaliation against strikers. However,
    the requirement to notify the Ministry of Labor of the intent to
    strike, and the ministry's resulting involvement, were thought to
    mitigate retaliation and there were no such incidents during the year.

        b. The Right to Organize and Bargain Collectively.--Collective
    bargaining is protected by law, and these laws were effectively
    enforced. With the exception of civil servants, all workers have the
    right to organize and bargain collectively.
        The law prohibits antiunion discrimination, and there were no
    reports of such discrimination during the year.
        There are no export processing zones.

        c. Prohibition of Forced or Compulsory Labor.--The law prohibits
    forced or compulsory labor; however, there were reports that such
    practices occurred. Families living in the interior sometimes sent
    young women and children to stay with relatives in Monrovia or other
    larger cities with the promise that the relatives would assist the
    women and children in pursuing educational or other opportunities.
    However, in some instances, these women and children were forced to
    work as street vendors or domestic servants.
        When victims were identified, the WCPS unit of the LNP, along with
    partnering NGOs, worked to reunite victims with their families in the
    interior or referred them to safe homes.
        Also see the Department of State's annual Trafficking in Persons
    Report at http://www.state.gov/g/tip.

        d. Prohibition of Child Labor and Minimum Age for Employment.--The
    law prohibits the employment and apprenticeship of children under the
    age of 16 during school hours; however, child labor was widespread in
    almost every economic sector. The Government did not effectively
    enforce child labor law, and there were inconsistencies between the
    minimum employment age and compulsory educational requirements. For
    example, the minimum age for children to work at sea is 15.
        In urban areas children assisted their parents as vendors in
    markets or hawked goods on the streets. During the year there were
    reports that children tapped rubber on smaller plantations and private
    farms. There were also reports that children worked in conditions that
    were likely to harm their health and safety, such as stone cutting or
    work that required carrying heavy loads. Some children were engaged in
    hazardous labor in the alluvial diamond industry and in agriculture.
        The Child Labor Commission is responsible for enforcing child labor
    laws and policies; however, the commission was understaffed and
    underfunded. The Child Labor Commission coordinated efforts to provide
    scholarships for children to enroll in school. The Ministry of Labor's
    Child Labor Secretariat, the Ministry of Justice's Human Rights
    Division, the Ministry of Gender and Development's Human Rights
    Division, the Ministry of Health and Social Welfare's Department of
    Social Welfare, and the LNP's Women and Children Protection Section
    were also charged with investigating and referring for prosecution
    allegations of child labor. International NGOs continued to work to
    eliminate the worst forms of child labor by withdrawing children from
    hazardous work and putting at-risk children in school. Other local and
    international NGOs worked to raise awareness of the worst forms of
    child labor.
        In September a special task force began confiscating goods from
    children peddling on the streets in Monrovia to curb child labor during
    school hours. The children received notes informing their parents that
    their goods had been confiscated. The effort included a ``Back to
    School'' rally to raise awareness of the exercise.

        e. Acceptable Conditions of Work.--The national law requires a
    minimum wage of 15 Liberian dollars ($0.30) per hour, not exceeding
    eight hours per day, excluding benefits, for unskilled laborers. The
    minimum wage laws apply only to the formal economic sector.
        The law does not fix a minimum wage for agricultural workers but
    requires that they be paid at the rate agreed to in the collective
    bargaining agreement between workers' unions and their management,
    excluding benefits. Skilled labor has no minimum fixed wage, and the
    minimum wage for civil servants was 5,600 Liberian dollars ($114) per
    month.
        The national minimum wage did not provide a decent standard of
    living for a worker and family. Families dependent on minimum wage
    incomes also engaged in subsistence farming, small scale marketing, and
    begging.
        The law provides for a 48-hour, six-day regular workweek with a 30-
    minute rest period for every five hours of work. The six-day workweek
    may be extended to 56 hours for service occupations and to 72 hours for
    miners, with overtime pay beyond 48 hours. The law also provides for
    pay for overtime, and it prohibits excessive compulsory overtime.
        The law provides for paid leave, severance benefits, and safety
    standards.
        The Ministry of Labor's Labor Inspection Department enforced
    government-established health and safety standards. Officials conducted
    unannounced visits of consistent violators to improve standards.
    Enforcement of standards and inspection findings was not always
    consistent. The law does not give workers the right to remove
    themselves from dangerous situations without risking loss of
    employment.
        Due to the country's continued severe economic problems, most
    citizens were forced to accept any work they could find regardless of
    wages or working conditions.

                                   __________

                                   MADAGASCAR

        Madagascar, with a population of more than 20 million, is ruled by
    an unelected and illegal civilian regime that assumed power in a March
    2009 coup with military support. Andry Nirina Rajoelina adopted the
    title of president of the transition, at the head of a loose coalition
    of former opposition politicians, and intends to remain in this
    position until elections are held. Former president Marc Ravalomanana,
    democratically elected in 2006 is in exile, and the parliament has
    remained suspended since then. In defiance of a negotiated agreement
    with the African Union (AU) and local political leaders, the regime
    failed to establish a legitimate transitional administration that would
    oversee free and open elections for the restoration of a legal
    government. Military leaders continue to assert their autonomy from the
    current political leadership, despite their tacit support of
    Rajoelina's de facto government. On November 17, the de facto regime
    held a unilateral and internationally unrecognized constitutional
    referendum that sparked an attempted coup by a small group of military
    leaders, which was resolved after almost three full days of
    negotiations. There were instances in which elements of the security
    forces acted independently of civilian control.
        The following human rights problems were reported: unlawful
    killings and other security force abuses; harsh prison conditions,
    sometimes resulting in deaths; arbitrary arrest and detention; lengthy
    pretrial detention; censorship; intimidation and arrest of and violence
    against journalists; restrictions on freedoms of speech, press, and
    assembly; curtailment of the right of citizens to choose their
    government; official corruption and impunity; societal discrimination
    and violence against women, and trafficking of women and children; and
    child labor, including forced child labor.
                            respect for human rights
    Section 1. Respect for the Integrity of the Person, Including Freedom
            From:

        a. Arbitrary or Unlawful Deprivation of Life.--There were several
    reports that the Government or its agents committed arbitrary or
    unlawful killings, under both the Ravalomanana government in 2009 and
    Rajoelina's de facto government during the year. Police and gendarmes
    continued to use unwarranted lethal force during pursuit and arrest.
        For example, on May 20, during a Religious Leaders' Movement (HMF)
    protest, an armed confrontation between dissident factions of the
    gendarmerie's Intervention Force (FIGN) and the joint armed forces sent
    with the Special Intervention Force (FIS) by the de facto regime
    resulted in the death of a religious leader, the death of a member of
    the FIS, and about a dozen injured among the armed forces and
    civilians. There were no further developments by year's end.
        On September 22, the Police Intervention Force in Toamasina shot
    and killed two persons accused of armed attacks after they reportedly
    opened fire on police. There were no further developments by year's
    end.
        On August 28, former president Ravalomanana was tried in absentia,
    convicted, and sentenced to forced labor for life for the February 2009
    killings by presidential guards of at least 30 protesters outside
    Ambohitsorohitra Palace. Ravalomanana continued to claim his innocence
    while exiled in South Africa.
        There were no further developments in the following 2009 deaths
    that resulted from actions by security forces: the January deaths of
    150 to 300 persons nationwide during riots; the January death of at
    least 44 persons trapped in a burning department store in Antananarivo;
    the January killing of a boy outside the MBS television station; and
    the April shooting deaths of two protesters by security forces.
        There were no further developments in the series of small
    explosions in the capital between April and August 2009, for which the
    pro-Ravalomanana opposition was blamed.

        b. Disappearance.--On November 11, Fetison Rakoto Adrianairina and
    Zafilahy Stanislas, leaders of the opposition group supported by former
    president Ravalomanana, and Pastor Edouard Tsarahame, a leader of the
    opposition group supported by former president Zafy, were arrested on
    charges of holding an unauthorized demonstration. Subsequently, they
    were moved to different prisons and eventually to an undisclosed
    location. Their lawyers and family were not permitted to see them or
    know of their whereabouts from November 20 to 25. Their trial was
    postponed to January 23, 2011, because the defendants did not appear
    for the original November 23 trial date despite being held under
    custody in an undisclosed location at the time.

        c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
    Punishment.--The constitution and law provide for the inviolability of
    the person and prohibit such practices; however, security forces
    subjected prisoners to physical and mental abuse.
        For example, on November 20, proregime forces arrested a group of
    military officers who had led an attempted coup that started on
    November 17. A few days after their arrest, it was reported that most
    of the attempted coup leaders showed signs of physical abuse and two of
    them, General Raeolina and Colonel Coutiti, were in critical condition
    after beatings. A November 21 medical report conducted by the chief
    doctor at Tsiafahy prison on General Raeolina revealed that he had
    severe deep bruising in the face and chest and had been in and out of
    consciousness, likely as a result of physical abuse by the arresting
    officers. Colonels Andriamihoatra and Jadifara, both involved in the
    coup attempt and arrested on November 20, received medical exams on
    November 21 also revealing potential physical abuse by arresting
    officers.
        On April 29, six persons were injured when Antsiranana police
    opened fire on a funeral procession that passed in front of the central
    police station. The funeral procession was protesting the death of
    Ninjaka Olivier, who was allegedly beaten to death two days earlier by
    police. There were no further developments by year's end.
        There were no further developments in the following 2009 cases: the
    March detention and harsh treatment of Pastor Lala Rasendrahasina; the
    2009 arrest and pistol whipping of a member of parliament by Gendarme
    Commanders Charles Andrianatsoavina and Lylison Rene Urbain; and the
    September FIS shooting of a woman in the leg in Antananarivo.

        Prison and Detention Center Conditions.--Prison conditions were
    harsh and life threatening under both the Ravalomanana and Rajoelina
    regimes. Severe overcrowding due to weaknesses in the judicial system
    and inadequate prison infrastructure remained a serious problem;
    pervasive pretrial detention continued.
        On March 11, a presidential pardon released 1,424 prisoners over
    the age of 70.
        As of June the country's 83 prisons and detention centers held
    approximately 18,647 prisoners. This total included approximately 736
    women and girls and 424 juvenile males. Of those detained, 7,964 were
    in pretrial detention.
        Chronic malnutrition, which affected up to two-thirds of detainees
    in some prisons, was the most common cause of death. The Ministry of
    Justice's goal in 2008 to raise prisoners' daily food ration (typically
    dry manioc, rice, or cassava) had not been implemented, and the
    situation worsened due to budget shortfalls as a result of the ongoing
    political crisis and the suspension of some foreign assistance.
    Families and nongovernmental organizations (NGOs) supplemented the
    daily rations of some prisoners.
        For example, in June and July there were four reported deaths in
    Taolagnaro prison due primarily to malnutrition. In 2009, 34 deaths
    were recorded in the first 10 months. However, NGOs and media sources
    indicated that there was substantial underreporting of prison deaths.
    The total number of deaths in all prisons during the year was
    unavailable.
        Malnutrition and a lack of hygiene made detainees vulnerable to
    disease, including epidemics. Deteriorating prison infrastructure--
    including a lack of sanitary facilities and potable water--resulted in
    skin disease, insect infestation, and other health risks. Access to
    medical care was limited, although NGOs reported limited success in
    targeted sanitation activities at several facilities in the north.
    Ventilation, lighting, and temperature control in facilities were
    inadequate, indeed hardly existed.
        Church leaders and some NGOs reported that rape was commonplace in
    prisons and often used by prison guards and other inmates to humiliate
    prisoners. Other organizations stated that while rape cases were the
    exception, prisoners often prostituted themselves in jail for food.
        Male and female prisoners were separated. The central prison had a
    separate quarter for women, and there was a women's facility in
    Manjakandriana. Juveniles were not always held separately from the
    adult prison population, and some preschool-age children shared cells
    with their incarcerated mothers. There were at least two political
    detainees held under house arrest instead of imprisonment with the
    general prison population, but others were generally held in the same
    facilities. Pretrial detainees were seldom kept separate from the
    general prison population. Prisoners and detainees were authorized to
    receive weekly visits from relatives and permitted religious
    observance, although actual prison conditions were too harsh for
    prisoners to actually receive visitors or engage in worship.
        There was no provision for ombudsmen to serve on behalf of
    prisoners and detainees.
        There were no reports that the Government permitted prisoners and
    detainees to submit complaints on inhumane conditions to judicial
    authorities, or that the Government investigated or monitored prison
    and detention center conditions or acted to improve them.
        The Government generally permitted independent monitoring of prison
    conditions by the International Committee of the Red Cross (ICRC),
    several local NGOs, and some diplomatic missions, and such visits
    occurred during the year. The ICRC conducted visits several times
    during the year to each of 30 main penitentiary facilities; the ICRC
    was able to hold private consultations in accordance with its standard
    modalities. ICRC representatives were also permitted to visit detainees
    in pretrial or temporary detention, as need arose.
        Although the EU funded projects focused on improving prison
    conditions, there were no known attempts by the Government itself to do
    so during the year.

        d. Arbitrary Arrest or Detention.--The constitution and law
    prohibit arbitrary arrest and detention; however, the Government did
    not always respect these provisions in practice. The Government
    permitted arrest on vague charges and detained suspects for long
    periods without trial. There was a sharp increase in politically
    motivated detentions both before and after the March 2009 coup; the
    actual number remained disputed, but several of those arrested since
    then remained imprisoned (see sections 1.e. and 2.a.).
        On November 23, regime forces arrested a former judge on the
    International Court of Justice, Raymond Ranjeva, and his pregnant
    daughter, accusing Ranjeva of being involved in the November 17 coup
    attempt. Ranjeva was released on bail a few hours later, but his
    daughter remained in custody for insulting regime forces and was
    sentenced to a month of probation on November 30.
        During March demonstrations in Analakely, political and religious
    activists Charles and Kathy Hilaire were arrested for ``offense against
    national security'' when brochures on the HMF were found in their car.
    After investigations, they were released; however, approximately 50
    lower-profile protestors were reportedly arrested in the same incident
    and remained in prison awaiting trial at year's end.
        On May 15, opposition politician Ambroise Ravonison was violently
    arrested during a radio interview. Two other interviewees and three
    members of the radio's staff were injured, and the radio station's
    equipment vandalized. Ravonison, a French citizen, obtained a
    provisional release and fled the country. No action had been taken
    regarding the vandalism by year's end.
        Journalists were arrested (see section 2.a.).
        Senator Eliane, who was arrested in September 2009 for attending an
    illegal gathering and damaging public property, left the country. At
    year's end she reportedly remained abroad conducting an information
    campaign on the de facto regime's lack of respect for human rights.

        Role of the Police and Security Apparatus.--The minister for
    internal security oversees the national police, the gendarmerie, and
    the coast guard, with authority for law and order in both urban and
    rural areas. The gendarmerie had previously been under the authority of
    the Ministry of Defense.
        Lack of training and equipment, low salaries, and rampant
    corruption were problems in the national police and gendarmerie.
    Chronic underfunding and unclear command structures severely diminished
    the security forces' ability to respond effectively to the civil unrest
    that began in January 2009. By April 2009 security forces under the
    control of the de facto government began to assert effective control
    over demonstrations in the capital, with an accompanying reduction in
    violence. The creation in March 2009 of the Joint National
    Investigation Committee (CNME), later renamed the Special Investigation
    Force, (FIS), diluted the authority of the minister for internal
    security, as it began to pursue high-profile targets under Commanders
    Charles Andrianatsoavina and Lylison Rene Urbain and independently
    outside regular judicial processes. Security forces routinely used
    excessive force during arrests and while dispersing demonstrations,
    employing tear gas, flash grenades, and live ammunition.
        There is no systematic mechanism available for investigating
    security force abuses. However, victims may lodge complaints in the
    court of jurisdiction. This rarely, if ever, occurred.

        Arrest Procedures and Treatment While in Detention.--Although the
    law requires that authorities obtain arrest warrants in all cases
    except those involving hot pursuit, often persons were detained and
    jailed based on accusations or political affiliation. Defendants have a
    general right to counsel and those who could not afford a lawyer were
    entitled to one provided by the state; however, many citizens were not
    aware of this right, and even if aware, most were too afraid to request
    one. Defendants have the right to be informed of charges against them,
    but this right was not always respected. A system of bail exists
    depending on the crime; bail was frequently denied for more severe or
    high-profile crimes. Magistrates often resorted to a ``mandat de
    depot'' (retaining writ) under which defendants were held in detention
    for the entire pretrial period. The law limits the duration of pretrial
    detention and regulates the use of the mandat de depot, including
    regulations that limit the duration of detention based on the type of
    crime, with a theoretical maximum of eight months for criminal cases.
    Family members of prisoners generally were allowed access to prisoners;
    however, access was more limited to certain prisoners, such as those in
    solitary confinement or those arrested for political reasons.
        The Ministry of Justice reported that approximately 50 percent of
    the prison population was in pretrial detention.
        The law mandates that a criminal suspect be charged or released
    within 48 hours of arrest; however, the Government often detained
    individuals for significantly longer periods before charging or
    releasing them. Poor record keeping, an outdated judicial system that
    favored keeping the accused in detention until their trial, an
    insufficient number of magistrates, lack of resources, and difficult
    access in remote areas contributed to lengthy pretrial detention,
    ranging from several days to several years. Many detainees spent a
    longer period in investigative detention than they would have spent
    incarcerated following a maximum sentence for the charges faced.

        Amnesty.--On March 11, a presidential pardon released 1,424
    prisoners over the age of 70.
        As part of the August 2009 Charter of the Transition, the country's
    four main political movements agreed to a tentative plan for an amnesty
    covering political activities from 2002-09. However, in December 2009
    Rajoelina formally abrogated the charter, and with it the existing
    agreement on amnesty during the transition administration.
        Shortly after taking power in March 2009, Rajoelina's de facto
    government authorized the release and pardon of 48 individuals it
    deemed ``political prisoners,'' who were imprisoned under the
    Ravalomanana government. Twenty of these prisoners had not yet received
    an official pardon, and remained under poorly enforced house arrest.
    They included a number of nonpolitical criminals, guilty of murder and
    other grave human rights violations during past conflicts. Most
    prominent among them was Lieutenant Colonel Assolant Coutiti, who was
    convicted in 2004 on two counts of torture during the 2002 political
    conflict, in addition to prior convictions for politically motivated
    abductions and murder in the same conflict. Following widespread
    condemnation of the release, Rajoelina's government did not release any
    further prisoners whose incarceration predates the current political
    crisis. Several opposition figures arrested during the year were
    released in August 2009 as a gesture of good faith in advance of
    implementation of the Charter of the Transition. The release was
    criticized, however, for requiring them to sign a letter promising not
    to engage in further political activities.

        e. Denial of Fair Public Trial.--Although the constitution and law
    provide for an independent judiciary, the judiciary was susceptible to
    executive influence at all levels, and corruption remained a serious
    problem. This worsened under the de facto government, and the use or
    threat of intimidation surrounded every major judicial decision since
    March 2009. The absence of any legislative body permitted the de facto
    government effectively to rule by decree, with no check on executive
    power. The minister of justice routinely expressed an opinion on high-
    profile judicial decisions to the media before the court announced
    them.
        Military courts are reserved for the trials of military personnel
    and generally follow the procedures of the civil judicial system,
    except that military officers are included on jury panels. Defendants
    in military cases have access to an appeals process and generally
    benefit from the same rights available to civilians, although their
    trials are not public. A civilian magistrate, usually joined by a panel
    of military officers, presides over military trials.
        The law provides traditional village institutions the right to
    protect property and public order. Some rural areas used an informal,
    community-organized judicial system called ``dina'' to resolve civil
    disputes between villagers over such issues as alleged cattle rustling.
    This system was criticized for human rights abuses, particularly for
    lack of due process before imposing harsh sentences well outside the
    scope of formal law.

        Trial Procedures.--The law provides for a presumption of innocence;
    however, the presumption of innocence was often overlooked. The
    constitution and law provide defendants with the right to a full
    defense at every stage of the proceedings, and trials are public. While
    the law provides that juries can be used in all cases, in practice,
    juries were used only in labor disputes. Defendants have the right to
    be present at their trials, to be informed of the charges against them,
    to call and confront witnesses, and to present evidence. The Government
    is required to provide counsel for all detainees on criminal charges
    who cannot afford their own attorney; however, many citizens were not
    aware of this right in practice. Attorneys have access to government-
    held evidence, but this right does not extend to defendants without
    attorneys. Defendants have the right to appeal convictions.
        The law extends these rights to all citizens without exception;
    however, in practice these rights were routinely denied, as the de
    facto government prolonged incarceration of suspects for weeks without
    charge and continually postponed hearings while denying bail. For
    example, in June 2009 former president Ravalomanana was tried and
    convicted in absentia for alleged abuse of power while in office; he
    later asserted that he was unaware that the trial was taking place. In
    August the Antananarivo Criminal Court convicted Ravalomanana in
    absentia for his presumed involvement in the February 2009 presidential
    palace shootings and sentenced him to a life sentence of hard labor. At
    year's end Ravalomanana remained in exile in South Africa.

        Political Prisoners and Detainees.--No definitive numbers were
    available, but several well-known politicians were imprisoned under
    Ravalomanana's government, most of whom were released in 2009
    regardless of whether their incarceration had a criminal aspect
    alongside their political affiliations. In July a Ministry of Justice
    source stated that the de facto government had placed 102 ``political
    prisoners'' in preventive detention since 2009, many with little or no
    evidence of having committed criminal or civil offenses. Subsequently,
    some were released conditionally or with no charges being filed.
    Opposition leaders alleged that dozens of additional persons were
    detained without due process for their role in political protests,
    although the facts of their individual cases were unavailable.
        In April 18 political detainees in the Tsiafahy top-security prison
    reportedly went on a hunger strike, requesting review of their cases
    and unconditional release. The authorities took no action.
        On June 15, Manoela was arrested after speaking during opposition
    movement protests at Magro. On July 12, the criminal court charged
    Manoela with nine violations including ``insulting a police officer''
    and sentenced him to three months' imprisonment. He was subsequently
    released.
        There were no further developments in the following 2009 cases of
    political detainees: the April arrest of Ralitera Andrianandraina,
    former head of security at the High Constitutional Court, for his
    alleged role in an attempt on Rajoelina's life, and the August arrest
    of lawyer Lalaharinoro Rabemananjara for alleged complicity in the June
    and July bombings.
        Some prisoners remained difficult to classify due to the effects of
    corruption and intimidation in the judicial process. These prisoners
    generally received equal treatment to that of other prisoners, and
    international humanitarian organizations were permitted access to them.

        Civil Judicial Procedures and Remedies.--The judiciary's
    independence and impartiality were compromised by corruption and
    political influence, according to Independent Anticorruption Bureau
    (BIANCO) investigations and public perception. The judiciary deals with
    all civil matters, including human rights cases. However, the courts
    often encountered difficulty in enforcing judgments in civil cases.

        f. Arbitrary Interference With Privacy, Family, Home, or
    Correspondence.--The law prohibits such actions, but homes and
    workplaces of opposition groups were subjected to arbitrary searches
    without warrants. On November 23, regime forces arrested Raymond
    Ranjeva's pregnant daughter and searched his house, accusing Ranjeva of
    being involved in the November 17 coup attempt. Ranjeva was allegedly
    told to turn himself in if he wanted his daughter to be released.
    Ranjeva obliged and was released a few hours later, but his daughter
    remained in custody for insulting regime forces and on November 30 was
    sentenced to a month -long probation (see section 1.d.).
    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 both government and
    nongovernment groups actively impeded political criticism with threats
    and violence against reporters, media owners, and media outlets.
    Journalists were sent to jail, and government security forces attacked
    residences of editors or owners. A September report by international
    NGO Freedom House on the status of press freedom categorized the
    country as ``not free,'' diminished from the previous year's rating of
    ``partially free.'' The report noted that ``both main parties routinely
    ignored constitutional protections for media freedom while in power,
    using harassment, intimidation, and censorship to restrict media
    operations. As a result, news coverage became extremely partisan and
    polarized, while diversity of views receded.''
        On January 8, two journalists of the FJKM church's radio station
    Radio Fahazavana--Didier Ravoahangison and Lolo Ratsimba--were arrested
    and sent to prison for acts of political destabilization due to their
    alleged complicity in a December 2009 mutiny attempt. They received
    bail on February 15 and were awaiting trial at year's end.
        On March 31, a Radio Feon'Imerina journalist was arrested after the
    de facto regime's prime minister announced that persons who ``caused
    trouble'' in Ambohijatovo on March 29 would be sanctioned. The
    journalist was released the same day.
        On May 20, Radio Fahazavana was closed down and 10 of its staff
    members--six journalists and four technicians--were arrested for an
    alleged attempt to endanger state security and incite a rebellion. They
    were released under bail on September 8 and were awaiting trial at
    year's end.
        On August 8, officials from the Ministry of Communications and
    local police forces ordered the suspension of Radio Mahafaly in
    Antsirabe. The station was managed by a close ally of former president
    Ravalomanana. At year's end the suspension remained in effect.
        On September 30, based on a Ministry of Communication directive,
    ministry officials and armed law enforcement elements closed Radio
    Fototra, owned and operated by the Green Party Hasin'I Madagasikara.
        After the coup attempt on November 17, the regime sent warning
    letters to Ma-TV, TV Plus, and two other stations for airing statements
    by the attempted coup leaders. The letters implied that airing anything
    that could be seen as opposing the regime or calling for an end to it
    and thus an end to the transition could be considered a threat to
    public order and security and could lead to suspension and even
    withdrawal of operating permits.
        There were 13 privately owned major daily newspapers and many other
    privately owned national and local news publications that were
    published less frequently.
        Before March 2009 Le Quotidien, which is owned by former president
    Ravalomanana, was the newspaper most heavily influenced by the state;
    since March 2009 La Verite has been most closely aligned with the de
    facto government. The Government owned nationwide television and radio
    networks. There were approximately 256 other radio stations and 39
    other television stations nationwide, which provided more limited
    geographic coverage.
        The 2009 politically motivated closure of opposition media outlets,
    such as Radio Mada, remained in effect at year's end.
        To maintain access to sources and remain safe, journalists
    practiced extensive self-censorship, and many private radio stations
    shifted to live call-in shows to distance themselves from editorial
    responsibility for content.

        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.
    Public access to the Internet was limited mainly to urban areas; modern
    technology and the necessary infrastructure were generally absent in
    rural areas. According to International Telecommunication Union
    statistics for 2009, approximately 1.63 percent of the country's
    inhabitants used the Internet.
        Political groups, parties, and activists used the Internet
    extensively to advance their agendas, share news, and criticize other
    parties. Although there were allegations of technical sabotage from
    both sides of some Web sites during the year, the Internet was
    considered among the more reliable sources of information as many of
    the Web sites servers were outside the country and could not be
    regulated by the Government.

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

        b. Freedom of Peaceful Assembly and Association.--Freedom of
    Assembly.--The constitution and law provide for freedom of assembly,
    but this right was restricted extensively during the year. Government
    officials and security forces regularly impeded opposition gatherings
    in locations around the country. The de facto regime also forbade
    protests during the holiday season (Christmas to New Year's Day) and
    during election periods (from election day until election results were
    official).
        Opposition groups were repeatedly denied the right to hold
    political rallies in Antananarivo. On October 26, opposition groups
    sent a letter to the presidentially appointed mayor and the prefect of
    Antananarivo requesting an explanation for the refusal to hold a rally
    at three public areas in Antananarivo from October 28 to 30. Opposition
    leaders confirmed these places were available for the requested dates
    but were still not given permits. Opposition groups attempted to hold
    meetings on November 10 and 12 at a public stadium, but the prefecture
    of police denied their request. From December 1 to 3, opposition groups
    tried to hold rallies in various public venues in Antananarivo and
    applied for the proper permits, but all requests were denied.
        On November 20, the Association of Mayors of Madagascar and
    opposition groups held a protest in Analakely. Within five minutes of
    the start of the protest, police forces broke up the group and arrested
    Guy Mazime Ralaiseheno, the leader of the Association. Ralaiseheno
    remained in prison at the end of the year.
        Opposition groups were usually authorized to hold political rallies
    in provincial cities. However, on August 27, a protest in Tulear lead
    by Elimberaza Mandrikake turned into looting of the local affiliate of
    the national radio. Seven opposition leaders were arrested; Mandrikake
    reportedly escaped and went abroad.

        Freedom of Association.--The constitution and law provide for the
    right of association and permit citizens to organize political parties
    and associations. The Government generally respected this right in
    practice, although a law signed in January 2009 governing political
    parties imposes stringent new requirements. Parties are required to
    have representation in 12 regions within the first 30 months of their
    creation, hold regular national meetings, and participate in at least
    three consecutive elections, excluding the presidential election. Only
    legally constituted political parties would be able to present
    candidates. This law was not implemented before the March 2009 coup and
    the de facto government did not present any plans to do so.

        c. Freedom of Religion.--For a discussion of religious freedom,
    please see the Department of State's 2010 International Religious
    Freedom Report at www.state.gov/g/drl/irf/rpt

        d. Freedom of Movement, Internally Displaced Persons, Protection of
    Refugees, and Stateless Persons.--The constitution and law provide for
    freedom of movement within the country, foreign travel, emigration, and
    repatriation, and the Government generally respected these rights in
    practice. The constitution does not explicitly prohibit forced exile,
    and the Government utilized it selectively. Several opposition figures,
    such as former deputy prime minister Pierrot Rajaonarivelo, returned to
    the country during 2009 despite outstanding legal issues arising from
    convictions handed down in their absence; at year's end, the de facto
    government had not moved to arrest them.
        The Government cooperated with the Office of the UN High
    Commissioner for Refugees (UNHCR) and other humanitarian agencies in
    providing protection and assistance to internally displaced persons,
    refugees, returning refugees, asylum seekers, stateless persons, and
    other persons of concern.

        Protection of Refugees.--The country is not a party to the 1967
    Protocol relating to the Status of Refugees (although it is party to
    the 1951 Convention) and has not ratified the 1969 African Union
    Convention Governing the Specific Aspects of the Refugee Problem in
    Africa. The law does not include provisions for the granting of asylum
    or refugee status, but the Government has established a system for
    providing protection to refugees. In practice the Government provided
    protection against the expulsion or return of refugees to countries
    where their lives or freedom would be threatened on account of their
    race, religion, nationality, membership in a particular social group,
    or political opinion. The Government granted refugee status or asylum
    and cooperated with the UNHCR and other humanitarian organizations in
    assisting the small number of refugees in the country.

        Stateless Persons.--An arcane system of citizenship laws and
    procedures resulted in a large number of stateless persons in the
    minority Muslim community, many of whom have lived in the country for
    generations. Reliable figures remained unavailable, but Muslim leaders
    estimated as many as 5 percent of the estimated two million Muslims
    were affected. Citizenship is transmitted through ``blood''; birth in
    the country does not transmit citizenship. Children born to a citizen
    mother and noncitizen father must declare their desire for citizenship
    by age 18 or risk losing eligibility for citizenship. Some members of
    the Karana community of Indo-Pakistani origin, who failed to register
    for Indian, Malagasy, or French citizenship following India's
    independence in 1947 and Madagascar's independence in 1960, were no
    longer eligible for any of the three; this applied to their descendants
    as well. Members of the wider Muslim community suggested that a Muslim-
    sounding name alone could delay one's citizenship application
    indefinitely. Lack of citizenship precluded voting rights and
    eligibility for a passport, which limited international travel.
    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 previously exercised this right in
    practice by voting in presidential, legislative, and municipal
    elections between 2006 and 2008. However, this right was effectively
    curtailed when opposition protests led to a coup and the overthrow of
    the elected government in March 2009. Following the December 2008
    closure of his television station, VIVA TV, Andry Rajoelina, the former
    mayor of Antananarivo, led a coup in opposition to President
    Ravalomanana in March 2009. Unable to consolidate his rule in the face
    of domestic and international condemnation, from August to December
    2009 Rajoelina engaged in a negotiating process. In December, after the
    negotiations failed to yield results acceptable to him, Rajoelina
    unilaterally declared his intention to organize elections for as early
    as March 2010. The opposition rejected this plan, pushing for a return
    to dialogue and an inclusive transition government. Throughout the year
    Rajoelina unilaterally announced roadmaps to elections that were
    postponed multiple times. A constitutional referendum was held on
    November 17 and countrywide mayoral elections, scheduled for December
    20, have been postponed indefinitely. Legislative and presidential
    election dates are proposed for the first part of 2011; however,
    opposition groups and the international community have rejected the
    results from the constitutional referendum and the election timeline as
    unilateral and unrealistic.

        Elections and Political Participation.--Indirect elections to the
    33-member senate took place in 2008; then president Ravalomanana's I
    Love Madagascar (TIM) party won all 22 elected seats, and the president
    appointed the remaining 11 members. Allegations of campaign and voting
    irregularities surfaced during and after the election, but no
    conclusive legal action was taken.
        The 2007 municipal elections were initially declared free, fair,
    and peaceful, but local observers noted minor irregularities in some
    elections advantaging ruling party candidates over others. The State
    Council overturned results in several mayoral contests, citing
    localized miscounting and improper involvement of TIM candidates. By
    August 2008 TIM had lost 16 mayoral positions in court and gained six
    others. TIM did not initially interfere when Rajoelina won the mayoral
    race in Antananarivo, but the election marked the beginning of a
    conflict with then president Ravalomanana, which culminated in the
    March 2009 coup.
        Political parties could not operate without restriction or outside
    inference. Parties opposing the party of the regime leader often had
    their individual rights, such as freedom of expression, violated. The
    regime often denied opposition parties the right to organize and
    publicize their opinions. Political parties were also heavily dominated
    by the urban elites from the long-standing Malagasy tribes.
        Until March 2009 there were four women in the cabinet, 10 women in
    the 127-member national assembly, and five women in the 33-member
    senate. Three of the 22 appointed regional administrators were women.
    Under the de facto government, there are five women in the cabinet;
    parliament was suspended after the March 2009 coup and has not been
    reestablished, although a ``transition'' parliament has gradually been
    appointed by Rajoelina after a September 2010 National Conference that
    was seen as unilateral and remained unrecognized by the international
    community at year's end.
        Until March 2009 there were 11 Muslims and seven Chinese-Malagasy
    members in the national assembly and eight Muslims in the senate.
    Chinese-Malagasy and Muslims also held civil service positions.
    Residents of Indo-Pakistani origin were not well represented in the
    Government.
    Section 4. Official Corruption and Government Transparency
        The law provides criminal penalties for official corruption;
    however, the Government did not implement the law effectively, and
    corruption reportedly increased after the March 2009 coup. Corruption
    was rampant in the national police and gendarmerie. The World Bank's
    most recent Worldwide Governance Indicators reflected that corruption
    was a problem, as was impunity. NGOs and the media reported that
    anticorruption efforts in recent years were more effective in pursuing
    low-level violators than in attacking corruption at the national
    government level.
        The general lack of rule of law created a permissive environment
    for illegal logging and the export of rare endemic hardwoods, primarily
    from the country's northern forests, which were perceived to have been
    facilitated by bribery at several levels of government. Foreign NGOs
    and media reports alleged that high-level corruption, ranging from
    local security forces to the national government, permitted the illegal
    cutting and export of rosewood and ebony trees, despite laws to protect
    them. Chinese businessmen were caught on tape alleging that they paid
    de facto leader Rajoelina directly for illegal logging rights.
        The Independent Anticorruption Bureau (BIANCO) is a nominally
    independent government agency, with a presidentially appointed director
    and oversight from the Committee for the Safeguard of Integrity within
    the presidency. BIANCO did not address the corruption and abuses of
    power perpetrated by security forces and civilian officials and did not
    play a visible role in addressing corruption problems associated with
    the ongoing political crisis.
        In 2008 the Government created an agency to combat money
    laundering, SAMIFIN, and an ethics unit within each ministry. BIANCO
    and the Ministry of Justice signed an agreement in 2008 for increased
    cooperation concerning data collection and case referrals. However, the
    implementation has been weak due to lack of financing and political
    will, especially since the March 2009 coup.
        Public officials at the director-general level and above, excluding
    the president, were subject to financial disclosure laws. In practice
    in 2008 only 33 percent of those required to disclose assets or income
    did so. Disclosure laws have never been effectively enforced.
        There are no laws providing for public access to government
    information. Educational material on corruption, including statistics
    updated every quarter, was available to citizens and noncitizens,
    including foreign media.
    Section 5. Governmental Attitude Regarding International and
            Nongovernmental Investigation of Alleged Violations of Human
            Rights
        Numerous domestic and international human rights groups generally
    operated without government restriction, investigating and publishing
    their findings on human rights cases. Government officials were
    generally unresponsive to their views, particularly after the March
    2009 coup, but international human rights groups were allowed to enter
    the country, conduct their work, and consult freely with other groups.
    Domestic groups reported intimidation following the coup.
        There were several domestic NGOs in the country that work on human
    rights, but very few have the capacity to work effectively and
    independently. The National Council for Election Observation continued
    to be a leader in the field of civic education, and provided technical
    support and training in several past elections. Other key organizations
    included the Observatory of Public Life, SOS aux Victimes du Non-droit,
    and Actions by Christians for the Abolition of Torture, all of whom
    worked to monitor human rights issues and actively participated in
    public and private forums on the subject. Political movements have on
    occasion attempted to co-opt these organizations, leading to
    accusations of their increasing politicization, but they were not
    routinely suppressed or subjected to harassment.
        Following the March 2009 coup, the UN and other international
    bodies widely criticized both the Ravalomanana government and the de
    facto government for human rights abuses and for their continued
    failure to resolve the ongoing crisis through dialogue and new
    elections. The UN played an active role as part of the international
    mediation team and the International Contact Group on Madagascar,
    alongside the African Union, the International Organization of the
    Francophonie, and the South African Development Community, which has
    taken the lead role in mediation efforts since the middle of the year.
    Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
        The constitution and law prohibit all forms of discrimination,
    including on the basis of race, gender, disability, language, and
    social status; however, no specific government institutions were
    designated to enforce these provisions.

        Women.--The law prohibits rape in general but does not specifically
    refer to spousal rape. Penalties range from five years to life in
    prison, depending on factors such as the victim's age, the rapist's
    relationship to the victim, and whether the rapist's occupation put the
    individual in contact with children. Rape of a child or a pregnant
    woman was punishable by hard labor. An additional two to five years'
    imprisonment could be added in the case of rape with assault and
    battery, although the Government did not always enforce these
    penalties. In 2008 the Morals and Minors Brigade, a department in the
    Ministry of Interior, reported receiving 10 to 12 rape-related
    complaints a day countrywide. There were 217 cases of rape reported in
    2008 in Antananarivo; 130 were investigated. All of these figures
    probably underestimated the extent of rape nationwide, but there were
    no reliable figures available.
        The law prohibits domestic violence, but it remained a widespread
    problem punishable with two to five years in prison and a fine of four
    million ariary ($2,000), depending on the severity of injuries and
    whether the victim was pregnant. In 2007 the Government's National
    Institute for Public Health estimated that 55 percent of women were
    victims of domestic violence. The UN Population Fund (UNFPA) estimated
    in 2006 that one of three women in the southern and southeastern
    section of the country would suffer from violence at some point. A 2007
    Ministry of Health survey on conjugal violence, conducted in
    collaboration with two NGOs, found that of 400 women surveyed in
    Antananarivo, 45 percent were subjected to psychological violence and
    35 percent to physical violence. Police and legal authorities generally
    intervened when physical abuse was reported. The Ministry of Health
    continued working with NGOs in Antananarivo and Fianarantsoa to provide
    victims with legal advice. Statistics on the number of domestic abusers
    prosecuted, convicted, or punished were unavailable. Anecdotal evidence
    from NGO-run welcome centers indicated that the political crisis, and
    its related social and economic impacts, correlated with a rise in the
    incidence of domestic violence, with two- or three-fold increases in
    cases reported.
        Sex tourism was an increasing problem with the growth of the
    tourism industry before the 2009 coup and the economic crisis and lack
    of legitimate employment opportunities since the coup. The Government
    continued its national awareness campaign by posting signs throughout
    airports and hotels, including a full-page warning against engaging in
    sex tourism in the customs booklet given to arriving international
    passengers. In 2007 the Government adopted a law modifying the criminal
    code to define child sexual exploitation, child sex tourism, child
    pornography, and trafficking in persons, and stipulating penalties for
    violations. NGOs reported that the law was used in court on several
    occasions but had not yet resulted in a conviction. Law enforcement
    officials noted that the law was often not uniformly interpreted or
    applied.
        Sexual harassment is against the law. Penalties vary from one to
    three years' imprisonment plus a fine of one to four million ariary
    ($500 to $2,000). This penalty increases to two to five years'
    imprisonment plus a fine of two to 10 million ariary ($1,000 to $5,000)
    if the victim was forced or pressured into sexual acts or punished for
    refusing such advances. However, the practice was widespread,
    particularly in export processing zone (EPZ) factories. The UNFPA
    estimated that 50 percent of women working in EPZs were victims of
    sexual harassment. In past years, the Government enforced sexual
    harassment laws when cases were brought to court; however, there were
    no reported court cases during the year.
        Couples and individuals freely exercised their reproductive rights
    with no legal or policy discrimination or coercion. The Government
    provided free access to contraceptives and family planning information
    at public clinics, and services were also available in the private
    sector. According to the UNFPA, the modern contraceptive prevalence
    rate was 28 percent. Skilled attendance during childbirth was
    infrequent, particularly in rural areas, where there were few trained
    health workers. However, the Population Reference Bureau reports that
    54 percent of births were attended by skilled personnel. All delivery
    services, including caesarean sections, were free in government health
    facilities. However, since much of the population lived more than two
    miles away from public clinics over difficult terrain, many in rural
    areas were unable to access reproductive health and maternity services;
    the Government and donors have identified this as a critical
    constraint, and a variety of programs were instituted to expand the
    availability of quality care. However, there was a lack of resources to
    address the issue comprehensively. The latest National Statistics
    Institute (INSTAT) survey conducted between November 2008 and August
    2009, and issued in June concluded that the maternal mortality ratio
    (the ratio of the number of maternal deaths per 100,000 live births)
    was 498, compared with 269 deaths in the 2004 report. Men and women had
    equal access to diagnosis and treatment of sexually transmitted
    infections, including HIV. While there were no legal barriers to access
    these services, there were enormous infrastructure inconsistencies and
    some social/cultural barriers and stigma based on ethnicity that
    limited full access.
        Women generally enjoyed the same legal status as men. Under the law
    wives have an equal voice in selecting the location of the couple's
    residence and generally received half the couple's assets if the
    marriage ended. While widows with children inherit half of joint
    marital property, a husband's surviving kin have priority over widows
    without children--leaving them eighth in line for inheritance if there
    is no prior agreement and potentially leaving them with none of the
    estate or a very small portion of it. In practice these requirements
    were not always observed.
        A tradition known as ``the customary third,'' which provided the
    wife with the right to only one-third of a couple's joint holdings, was
    occasionally observed. There was no special government office to ensure
    the legal rights of women.
        There was relatively little societal discrimination against women
    in urban areas, where many women owned or managed businesses and held
    management positions in private businesses and state-owned companies.
    In rural areas, where most of the population is engaged in subsistence
    farming, more traditional social structures tended to favor entrenched
    gender roles. While there is little discrimination in access to
    employment and credit, women often did not receive equal pay for
    substantially similar work. Women were not permitted to work in
    positions that might endanger their health, safety, or morals.
    According to the labor and social protection codes, such positions
    include night shifts in the manufacturing sector and certain positions
    in the mining, metallurgy, and chemical industries.
        A number of NGOs focused on the civic education of women and girls
    and publicized and explained their specific legal protections; however,
    due to illiteracy, cultural traditions, societal intimidation, and a
    lack of knowledge of their rights, few women lodged official complaints
    or sought redress when their legal rights were violated or ignored.

        Children.--Citizenship is derived from one's parents, although
    children born to a citizen mother and a foreign father must declare
    their desire for citizenship by age 18. The country has no uniformly
    enforced birth registration system, and unregistered children have
    historically not been eligible to attend school or obtain health care
    services. The United Nations Children's Fund (UNICEF) worked with the
    Government to provide birth certificates for both newborn children and
    those who did not receive a certificate at birth. According to a UNICEF
    study conducted during the year, 25 percent of children in the country
    under the age of five were not registered.
        The constitution provides for tuition-free public education for all
    citizen children and makes primary education until age 14 compulsory.
        Child abuse was a problem. Since the beginning of the political
    crisis, cases of child rape increasingly appeared in the media.
        In 2007 the Government adopted a 2008-12 national action plan on
    violence against children, including child labor, sexual exploitation,
    and trafficking. The Ministry of Health, in collaboration with UNICEF,
    operated more than 14 multisector networks throughout the country to
    protect children from abuse and exploitation. Several ministries worked
    with UNICEF to develop training manuals on child rights and safeguards
    for officials working in child protection networks. In June 2008 the
    Government completed a one-year program to train and assist security
    forces in the protection of children.
        Government statistics in 2008 indicated that 33 percent of girls
    and young women between the ages of 15 and 19 were married. Child
    marriage was especially prevalent in rural areas, where most couples
    were united in traditional local ceremonies outside the legal system.
    The legal age for marriage without parental consent was 18 years for
    both boys and girls.
        Children engaged in prostitution for survival with or without
    third-party involvement. Child prostitution constituted one of the
    primary forms of child labor. A 2007 UNICEF study in the coastal cities
    of Toamasina and Nosy Be found that between 30 and 50 percent of
    females exploited in the commercial sex field were younger than 18
    years old.
        Although child abandonment is against the law, it was a significant
    problem due to acute poverty and lack of family support. There were few
    safe shelters for street children, and government agencies generally
    tried to place abandoned children with parents or other relatives
    first; orphanages and adoption were a last resort. A traditional
    superstition in the southeast against giving birth to twins led some
    parents in the region to abandon one or both of their twin children,
    who sometimes were left to die. However, no changes to the legal
    framework or enforcement policy had been adopted by year's end.
        The country is not a party to the 1980 Hague Convention on the
    Civil Aspects of International Child Abduction. For information on
    international child abduction, please see the Department of State's
    annual report on compliance at http://travel.state.gov/abduction/
    resources/congressreport/congressreport--4308.html.

        Anti-Semitism.--The Jewish Community is very small, and there were
    no reports of anti-Semitic acts.

        Trafficking in Persons.--For information on trafficking in persons,
    please see the Department of State's annual Trafficking in Persons
    Report at www.state.gov/g/tip.

        Persons With Disabilities.--The law prohibits discrimination
    against persons with physical and mental disabilities, broadly defines
    their rights, and provides for a national commission and regional
    subcommissions to promote the rights of persons with disabilities. In
    practice, however, these rights were rarely enforced, and the legal
    framework for promoting accessibility remained perfunctory. A 2005
    study conducted by the NGO Handicap International found that persons
    with disabilities seldom had access to health care, education,
    employment, or accommodation for communication or other basic services,
    and women and girls with disabilities were often victims of physical
    violence. The Association Sembana Mijoro, advocating for rights of
    persons with disabilities, reported that children with disabilities
    represent only 0.5 percent of children attending school. In general,
    access to education for persons with disabilities was limited due to
    lack of adequate infrastructure, specialized institutions, and
    teachers.
        The Ministry of Health is responsible for protecting the rights of
    persons with disabilities. Isolated projects at the community level had
    some success. In 2008 a public market in the city of Majunga gained
    special handicapped access; a health and transportation benefits
    program with identity cards was developed in the city of Fianarantsoa;
    and persons with disabilities had been successfully integrated into
    public schools in some areas where they previously had no access. With
    international funding in 2008, the city of Antsiranana worked to make
    city hall, health centers, and other administrative buildings
    accessible. However, reports continued that schools often rejected
    students with disabilities, claiming their facilities were not
    adequate. Local NGOs also provided evidence that persons with
    disabilities were routinely refused access and verbally abused by
    teachers throughout the education system, from primary school to
    university. In June 2009 a study on the integration of children with
    disabilities in the educational system found that their attendance rate
    was only 0.26 percent in 631 schools surveyed, due to the lack of
    specialized programs, poor understanding of the children's needs, and
    insufficient resources.

        National/Racial/Ethnic Minorities.--None of the 18 tribes of the
    country constituted a majority. There were also minorities of Indo-
    Pakistani, Comoran, and Chinese heritage. Ethnicity, caste, and
    regional solidarity often were factors in hiring and were exploited in
    election campaigns. A long history of military conquest and political
    dominance by highland ethnic groups of Asian origin, particularly the
    Merina, over coastal groups of African ancestry contributed to tension
    between citizens of highland and coastal descent, particularly in the
    political sphere.

        Societal Abuses, Discrimination, and Acts of Violence Based on
    Sexual Orientation and Gender Identity.--The law does not prohibit
    discrimination against lesbian, gay, bisexual, and transgender (LGBT)
    activity, and there was general societal discrimination against the
    LGBT community.
        Sexual orientation and gender identity were not widely discussed in
    the country, with public attitudes ranging from tacit acceptance to
    outright physical violence, particularly against transvestite sex
    workers. Local NGOs reported that most organizations that worked with
    the LGBT community did so as health service providers, often in the
    context of their work to combat the spread of HIV/AIDS. LGBT sex
    workers were frequently targets of aggression, including verbal abuse,
    stone throwing, and even murder. In recent years there has been an
    increased awareness of ``gay pride'' through positive media exposure,
    but general attitudes have not changed.
        The penal code provides for a prison sentence of two to five years
    and a fine of two to 10 million ariary ($1,000 to $5,000) for acts that
    are ``indecent or against nature with an individual of the same sex
    under the age of 21.'' There are reports of official abuses occurring
    at the community level, such as administrative officials denying health
    services to transvestite men or breaking confidentiality agreements,
    although no cases have ever been pursued in court.

        Other Societal Violence or Discrimination.--Although the national
    HIV/AIDS rate was low at approximately 1 percent, there was stigma and
    discrimination attached to having HIV/AIDS. In 2007 the Government
    adopted a law protecting HIV/AIDS patients' rights to free and quality
    health care and specifying sanctions against persons who discriminated
    or marginalized persons with the disease. This has reportedly helped
    reduce discrimination, following public testimony and greater awareness
    of issues affecting those living with HIV/AIDS. The law was enforced by
    the Ministries of Health and Justice and the National Committee for the
    Fight Against AIDS in Madagascar.
    Section 7. Worker Rights

        a. The Right of Association.--The law provides that public and
    private sector workers may establish and join labor unions of their
    choice without prior authorization or excessive requirements. However,
    those classified as essential workers, including police, military, and
    firefighters, may not form unions. Ministry of Civil Services and Labor
    statistics from 2007 indicated that 14 percent of workers in EPZ
    companies and 10 percent of all workers were unionized. The Government
    had no reliable statistics on the number of public employees
    participating in unions, but it was generally believed that few public
    employees were union members, despite the existence of several public
    employees' unions.
        The law provides most workers with the right to strike, including
    in EPZs, and workers exercised this right; however, workers must first
    exhaust the conciliation, mediation, and arbitration procedures, which
    may take eight months to two and one-half years. Civil servants and
    maritime workers have their own labor codes. Workers in other essential
    services, such as magistrates, have a recognized but more restricted
    right to strike and are required by law to give prior notice to their
    employer.

        b. The Right to Organize and Bargain Collectively.--The law
    provides for unions to conduct their activities without interference,
    and the Government generally respected this right. The law also
    provides workers in the private sector the right to bargain
    collectively; however, civil servants were not covered under such
    agreements.
        The law prohibits antiunion discrimination by employers; however,
    the Ministry of Civil Services and Labor indicated that some employees
    did not join unions due to fear of reprisal. In the event of antiunion
    activity, unions or their members may file suit against the employer in
    civil court.
        Since passage of a new EPZ law in 2008, labor laws in the EPZ vary
    somewhat from the country's standard labor code, notably reducing
    worker rights. EPZ labor contracts may now differ in terms of contract
    duration, restrictions on the employment of women during night shifts,
    and the amount of overtime permitted.

        c. Prohibition of Forced or Compulsory Labor.--The labor code
    prohibits forced or compulsory labor, including by children, but at
    times the Government did not enforce this prohibition. Many children
    and women were forced into domestic servitude, commercial sexual
    exploitation, and sometimes street vending and mining. While prisoners
    and pretrial detainees can no longer be forcibly hired out to
    government officials for private use, government offices can hire them
    out for public use if the prisoners agree to the terms of employment
    and monetary compensation stipulated in the labor code. In addition
    under the Main d'oeuvre penale (MOP) system, prisoners could work
    voluntarily in prison fields or penal camps or private facilities.
    Except for those condemned to forced labor, they were entitled to
    receive a salary. There were also reports that prisoners were sent, at
    their own request and under state supervision, to perform remunerated
    work for private individuals. The MOP system was suspended on August
    26, as part of the security measures called ``Operation Coup de
    Poing,'' part of an effort to lessen increasing nationwide insecurity.
        Forced labor of children occurred almost exclusively in the
    informal sector, which accounts for a large portion of the country's
    economy. Forced labor also occurred in stone quarries, in the mining
    sector, in the farming and fishing industries, and in domestic
    servitude.
        Also see the Department of State's annual Trafficking in Persons
    Report at www.state.gov/g/tip

        d. Prohibition of Child Labor and Minimum Age for Employment.--
    There were laws to protect children from exploitation in the workplace
    and prohibit forced or compulsory labor, but the Government did not
    have sufficient resources or personnel to enforce these laws. Child
    labor was a widespread problem.
        The minimum age for employment was 15 years of age, consistent with
    educational requirements. The law allows children to work a maximum of
    eight hours per day and 40 hours per week with no overtime. The law
    prohibits persons under the age of 18 years from working at night and
    at sites where there is an imminent danger to health, safety, or
    morals. Employers must observe a mandatory 12-hour rest period between
    shifts. Occupational health and safety restrictions include parental
    authorization and a medical visit before hiring.
        The International Labor Organization's (ILO) 2007 National Survey
    on Child Labor in Madagascar indicated that approximately 28 percent of
    children between the ages of five and 17 (1.8 million children) were
    working on a full- or part-time basis, with an estimated 438,000
    children involved in dangerous work. Children in rural areas worked
    mostly in agriculture, fishing, and livestock herding, while those in
    urban areas worked in occupations such as domestic labor, transport of
    goods by rickshaw, petty trading, stone quarrying, work in bars, and
    begging. Children also were engaged in salt production, deep sea
    diving, and the shrimp industry. The Ministry of Civil Services and
    Labor estimated that more than 19,000 children were working in the
    mining towns of Ilakaka in the south, mostly in the informal sector,
    helping their families mine for gemstones or working as domestics. Some
    children were trafficked internally for the purposes of forced labor.
        The Ministry of Civil Services and Labor is responsible for
    enforcing child labor laws and policies in the formal sector and
    conducted general workplace inspections during the year in response to
    a range of complaints. During the year the ministry had only 90
    inspectors to carry out its responsibilities, making it difficult to
    monitor and enforce child labor provisions effectively. There is no
    enforcement in the much larger informal sector.
        In 2007 the Government adopted a decree regulating the working
    conditions of children, defining the worst forms of child labor,
    identifying penalties for employers, and establishing the institutional
    framework for its implementation. NGOs reported improved awareness of
    the issue as a result; however, this had not been matched with more
    effective pursuit of labor law violators. In 2009 there was a proposal
    to amend the 2007 decree aimed at categorizing the types of sanctions
    to apply to violators, but the political crisis ended this project.
    During the year the Ministry of Labor organized a child labor workshop
    for labor inspectors in Ansirabe and established an action plan for
    regional child labor inspectors to use mass media and private sector
    monitoring to combat child labor.
        The Government continued to work with the Malagasy Soccer
    Federation (FMF) to conduct awareness campaigns around the country to
    combat child labor as part of the ``red card campaign,'' which
    continued during the year with support from the FMF and the ILO
    International Program on the Elimination of Child Labor.
        NGO-run welcome centers in Antananarivo, Tamatave, and Tulear
    continued to receive victims of trafficking and forced labor.
        For information on child trafficking, see the Department of State's
    annual Trafficking in Persons Report at www.state.gov/g/tip

        e. Acceptable Conditions of Work.--The Ministry of Civil Services
    and Labor was responsible for enforcing the working conditions and
    minimum wages prescribed in the labor code, but it often encountered
    trouble enforcing these laws due to inadequate resources and
    insufficient personnel.
        The monthly minimum wage was 70,025 ariary ($35) for
    nonagricultural workers and 71,000 ariary ($36) for agricultural
    workers. This did not provide a decent standard of living for a worker
    and family, particularly in urban areas. Although most employees knew
    what the legal minimum wages were, those rates were not always paid.
    High unemployment and widespread poverty led workers to accept lower
    wages.
        The standard workweek was 40 hours in nonagricultural and service
    industries and 42.5 hours in the agricultural sector. Legislation
    limited workers to 20 hours of overtime per week, but employees often
    were required to work until production targets were met. In some cases
    this overtime was unrecorded and unpaid.
        The Government sets occupational health and safety standards for
    workers and workplaces. The National Fund for Social Welfare, the
    country's social security agency, conducted inspections and published
    reports on workplace conditions, occupational health hazards, and
    workplace accident trends. The 90 labor inspectors in the Ministry of
    Civil Services and Labor were sufficient to effectively monitor
    conditions for workers only in the capital. Workers, including foreign
    or migrant workers, have an explicit right to leave a dangerous
    workplace without jeopardizing their employment as long as they inform
    their supervisors. However, this right was not always respected in
    practice.

                                   __________

                                     MALAWI

        Malawi is a multiparty democracy with a population of approximately
    15 million. In May 2009 Bingu wa Mutharika of the Democratic
    Progressive Party (DPP) was reelected president in what international
    observers characterized as a generally free and fair election.
    Constitutional power is shared between the president and the 193
    national assembly members. Security forces reported to civilian
    authorities.
        The following human rights problems were reported: police use of
    excessive force, which resulted in deaths and injuries; security force
    impunity, although the Government made some efforts to prosecute
    abusers; occasional mob violence; harsh and life-threatening prison
    conditions; arbitrary arrest and detention; lengthy pretrial detention;
    limits on freedom of speech and the press; official corruption;
    societal violence 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,
    security forces killed three persons during the year. Perpetrators of
    past abuses were occasionally punished, but investigations often were
    abandoned or remained inconclusive.
        On July 27, while conducting a search for another individual, a
    police officer shot and killed Silence Kapalamula at a video store in
    the Majawira Trading Centre. Police claimed the shooting was in self-
    defense. By year's end, no action had been taken against the officer.
        On September 20, police officer Godfrey Salamba struck and killed a
    woman and her child with his vehicle in the village of Balaka. Several
    eyewitnesses stated that the officer was speeding. By year's end, no
    action had been taken against Salamba.
        On December 23, Detective Sergeant Pierson Msiska was convicted of
    murder and sentenced to 11 years' imprisonment with hard labor for the
    August 2009 beating death of Stumai Mwalwanda in Karonga.
        Mobs sometimes beat, stoned, or burned suspected criminals to
    death.
        On September 27, a mob in the Ndirande suburb of Blantyre beat
    Ulemu Sesani and Moses Kachala to death when they were caught breaking
    into a private home. No arrests were made, and the investigation
    continued at year's end.
        No arrests had been made in the February 2009 case in which
    villagers in the Nkhata Bay District beat to death village headman
    Pegson M'nkhwakwata Chirwa and then burned his body.
        There were no new developments in the February 2009 killing of
    Laston Seunda by a mob in Tholo.

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

        c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
    Punishment.--The constitution and law prohibit such practices; however,
    police used excessive force and other unlawful techniques, including
    sexual abuse, during the year. While senior officials publicly
    condemned prisoner mistreatment, their subordinates continued to employ
    unacceptable techniques. The Malawi Human Rights Commission (MHRC) and
    local nongovernmental organizations (NGOs) criticized police for human
    rights violations several times throughout the year.
        On March 17, police allegedly beat Harry Mwandama of Limbe, who
    suffered a broken leg as a result. Mwandama was accused of illegal
    peddling. A police spokeswoman denied any knowledge of the beating.
        On May 4, three police officers reportedly beat Mercy Lozani until
    she was unconscious after Lozani refused to reveal the whereabouts of a
    fugitive. The three officers allegedly then sexually molested Lozani's
    teenage daughter (see section 1.f.). The case was under investigation
    at year's end.
        There were no developments in the July 2009 case in which police
    fired into an unarmed crowd in Blantyre, injuring two persons.
        Chrispin Ulemu Kam'mayani, a lawyer for the MHRC that a police
    officer beat and arrested in August 2009, declined to press charges. It
    was unclear why Kam'mayani dropped the case.
        During the year the Limbe Magistrate Court found that Nthethiwa
    Salamba, Charles Sadick, and Alexander Sadick should be charged with
    assaulting a police officer; the three claimed they were beaten by
    police after being arrested in September 2009. The police prosecutor's
    investigation determined no charges needed to be filed against the
    police officers involved. The case remained pending at year's end.
        During the year police officers from the Kabula police station in
    Blantyre were cleared of the alleged 2008 beating of Aubrey Kasten.

        Prison and Detention Center Conditions.--Prison conditions remained
    harsh and potentially life threatening. Overcrowding, inadequate
    nutrition, substandard sanitation, poor health facilities, and
    inadequate infrastructure remained serious problems. Prisons and
    detention centers, while generally well ventilated, had no provisions
    for temperature control other than wood fires. Basic emergency medical
    care was generally available during daytime, but unavailable after
    regular working hours. Referrals were made to district medical clinics
    for more involved cases. Potable water was available.
        The prison system's 30 facilities, built to accommodate
    approximately 5,500 inmates, routinely held at least double that
    number. According to Chief Prison Commissioner MacDonald Chaona, there
    were 11,672 inmates in the prison system at year's end. Prison staffing
    remained inadequate despite efforts to recruit more staff. Daily prison
    rations were meager. Family members were allowed to bring other food
    items and inmates were encouraged to grow vegetables and raise
    livestock; however, malnutrition in the prison population remained a
    problem.
        While the exact number was not known, numerous inmates died in
    prison each month, largely due to HIV/AIDS, diarrhea, pneumonia,
    tuberculosis, and inadequate diet.
        The 156 female prisoners were segregated within 16 prison compounds
    and monitored by female guards. Pretrial detainees often were not held
    separately from convicted prisoners.
        At year's end, according to the Malawi Prison Service, there were
    490 children in prison, either serving sentence or awaiting trial.
        Prisoners were allowed to have visitors, to observe their
    individual religions, and to submit complaints to prison authorities.
        Community service programs were available as alternatives to prison
    terms for first-time offenders with permanent addresses who were
    convicted of less serious crimes.
        During the year the Government permitted domestic and international
    NGOs, such as Amnesty International, and the media to visit and monitor
    prison conditions and to donate basic supplies. The International
    Committee of the Red Cross (ICRC) did not visit any prisons during the
    year.
        During the year the Government doubled the budget allocation for
    the Malawi Prison Service from 558.7 million Malawi kwacha (MWK) to 1.2
    billion MWK ($3.7 million to $7.9 million). However, the bulk of the
    increase is slated for the construction of a new prison in Lilongwe,
    rather than improving current conditions.

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

        Role of the Police and Security Apparatus.--The Malawi Police
    Service (MPS), controlled by the Ministry of Internal Affairs and
    Public Security, has responsibility for law enforcement and maintenance
    of order. Police occasionally called on the army for support to help
    operate roadblocks and to assist in manhunts.
        The police force was inefficient, poorly trained, and corrupt (see
    section 4). Impunity was a problem. Inadequate resources and a lack of
    qualified candidates from which to recruit hampered efforts to improve
    MPS quality. The police service maintained a disciplinary committee
    chaired by the inspector general of police to investigate abuses;
    however, resources were limited, and it met only sporadically. Officers
    were disciplined, but punishments often consisted of reassignment to
    another post or dismissal rather than more stringent sanctions.
        Police continued efforts to improve their investigative skills,
    including training in internal investigations, victims' rights, sexual
    abuse, domestic violence, and trafficking in persons. Police continued
    to receive foreign assistance for training officials and procuring
    equipment.

        Arrest Procedures and Treatment While in Detention.--The law
    provides the accused the right to challenge the legality of detention,
    to have access to legal counsel, and to be released on bail or informed
    of charges by a court within 48 hours; however, these rights were often
    ignored in practice. Most suspects were apprehended without a warrant
    if police had probable cause. While arrest warrants were normally
    issued by a duly authorized official based on presented evidence in
    cases involving corruption or white-collar crime, poorer citizens were
    often arrested without warrants. The use of temporary remand warrants
    to circumvent the 48-hour rule was widespread. Police frequently
    demanded bribes to authorize police bail, which was frequently granted
    to reduce prison overcrowding rather than on the merits of the case
    (see section 4). The Government provided legal services to indigent
    detainees; however, access was often delayed, since there were only 15
    lawyers and seven paralegals working as public defenders in the
    country. Relatives were regularly denied access to detainees.
        The Government arbitrarily arrested persons, sometimes using
    colonial-era antisedition and treason laws to stifle criticism.
        For example, on August 20, police arrested Levi Nyondo, general
    secretary of the Livingstonia Synod of the Church of Central Africa, on
    charges of sedition. The arrest came after Nyondo made statements
    critical of the Government at a funeral. Nyondo was released on bail,
    and the case was pending at year's end.
        During the year the MHRC received six complaints of arbitrary
    detention related to overstay of remand, denial of bail, and unheard
    appeals.
        The November 2009 convictions of United Democratic Front (UDF)
    Deputy Secretary General Hophmally Makande for ``proposing violence,''
    and Malawi Democratic Party President Kamlepo Kalua for ``uttering
    seditious words,'' were overturned on appeal on February 19.
        There were no further developments in the 2008 treason cases
    against former president Bakili Muluzi and nine other persons, most of
    whom had close ties to the UDF.
        A total of 1,267 persons, or 11 percent of the total prison
    population of 11,672, were in pretrial detention. Most pretrial
    homicide suspects were held in pretrial detention for two to three
    years, but there is evidence that many detainees remained in prison
    awaiting trial for much longer periods. Reliable data on the exact
    number and situation of these long-term pretrial detainees was
    unavailable.
        The Center for Legal Assistance, an NGO that assists prisoners with
    legal matters, continued to provide free legal assistance to expedite
    the trials of detainees, with priority given to the sick, the young,
    and those subjected to long trial delays.

        e. Denial of Fair Public Trial.--The constitution and law provide
    for an independent judiciary, and the Government generally respected
    judicial independence in practice. However, the judicial system was
    inefficient and handicapped by serious weaknesses, including poor
    record keeping, a shortage of attorneys and other trained personnel,
    heavy caseloads, and lack of resources.
        The Malawi Defense Force (MDF) has courts martial but no military
    or security tribunals. Military personnel accused and tried by courts
    martial are afforded the same rights as persons accused in civil
    criminal courts. MDF courts martial can try civilians in cases
    concerning military operations; however, this has not occurred.

        Trial Procedures.--Defendants are presumed innocent and have the
    right to a public trial but not to a trial by jury. The Ministry of
    Justice continued its indefinite suspension of jury trials in murder
    cases, since murder suspects sometimes were incarcerated for years
    awaiting trial by jury. Juries were used in other types of cases.
    Defendants have the right to be present at their trial, are entitled to
    an attorney, and, if indigent, to have an attorney provided at state
    expense. Defendants have the right to present and challenge evidence
    and witnesses and have access to government-held evidence relevant to
    their cases. The law extends the above rights to all persons. All
    persons have the right of appeal; however, in practice appeals were
    often delayed for years and sometimes never addressed by the higher
    court.
        The judiciary's budgetary and administrative problems effectively
    denied expeditious trials for most defendants. The Department of Public
    Prosecutions had 27 prosecuting attorneys and 10 paralegals, who served
    as lay prosecutors for minor cases in magistrate courts. Recruitment
    and retention of government attorneys remained a problem.

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

        Civil Judicial Procedures and Remedies.--There is an independent
    and impartial judiciary in civil matters, and citizens have access to a
    court to bring lawsuits seeking damages for, or cessation of, human
    rights violations. The law provides for administrative and judicial
    remedies for alleged wrongs; however, a lack of resources and legal
    professionals restricted the number of cases pursued and resulted in a
    large backlog. During the year the MHRC received 83 complaints of
    limited access to justice and 20 complaints of unfair administrative
    procedures.

        f. Arbitrary Interference With Privacy, Family, Home, or
    Correspondence.--The constitution and law prohibit such actions, but
    the Government did not always respect these prohibitions in practice.
        In 2009 parliament passed a law legalizing warrantless searches.
    The MHRC reported that police regularly entered homes of poorer
    citizens using special police search orders, which were issued by a
    supervisory police officer rather than by a court.
        The Government detained the family members of persons suspected of
    criminal activity. For example, police regularly used ``bait arrests''
    of relatives when a suspect could not be found to draw the wanted
    individual from hiding. Police also sexually molested the teenage
    daughter of a detainee during the year (see section 1.c.).
    Section 2. Respect for Civil Liberties, Including:

        a. Freedom of Speech and Press.--The law provides for freedom of
    speech and of the press; however, at times the Government attempted to
    limit these rights. Journalists sometimes practiced self-censorship,
    especially at government-owned media outlets such as the Malawi
    Broadcast Corporation and Television Malawi (TVM).
        The Government sometimes threatened the use of colonial-era
    antisedition and treason laws to stifle criticism.
        The independent media were active and expressed a wide variety of
    views; however, the Government imposed some restrictions, such as the
    use of onerous licensing and registration provisions. A broad spectrum
    of political opinion was available in the country's newspapers. There
    were 10 independent newspapers, including two dailies, one triweekly,
    and four weeklies.
        There were 16 private radio stations that broadcast only in urban
    areas. State-owned TVM was the sole television broadcaster.
        Journalists were harassed, intimidated, and threatened with arrest
    during the year. On August 26, while making a speech in Blantyre,
    President Mutharika threatened to arrest journalists and to close
    newspapers that ``print lies.'' The president was reacting to print
    reports of food insecurity in the southern region of the country.
        There were no developments in the February 2009 ``conduct likely to
    cause a breach of the peace'' case against Mzimba Community Radio
    Station Manager Sam Lwara.
        The May 2009 case against Gilbert Tembo for the possession of
    seditious materials was dropped for lack of evidence.
        The July 2009 case against Gabriel Kamlomo remained pending at
    year's end.

        Internet Freedom.--There were no government restrictions on access
    to the Internet or reports that the Government monitored e-mail or
    Internet chat rooms. Individuals and groups could engage in the
    peaceful expression of views via the Internet, including by e-mail.
    Lack of infrastructure and the high cost of Internet connections
    continued to limit Internet access. According to International
    Telecommunications Union statistics for 2008, approximately 2 percent
    of the country's inhabitants used the Internet.

        Academic Freedom and Cultural Events.--There were no government
    restrictions on academic freedom or cultural events; however, the
    Government sporadically censored films that were deemed to contain
    culturally sensitive or sexually explicit material.

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

        Freedom of Association.--The constitution and law provide for
    freedom of association, and the Government generally respected this
    right. The Government required all organizations, including political
    parties, to register with the Ministry of Justice. Registrations for
    new political parties were routinely delayed.

        c. Freedom of Religion.--For a description of religious freedom,
    please see the Department of State's 2010 International Religious
    Freedom Report at www.state.gov/g/drl/irf/rpt.

        d. Freedom of Movement, Internally Displaced Persons, Protection of
    Refugees, and Stateless Persons.--The constitution and laws provide for
    freedom of movement within the country, foreign travel, emigration, and
    repatriation, and the Government generally respected these rights in
    practice.
        The Government cooperated with the Office of the UN High
    Commissioner for Refugees (UNHCR) and other humanitarian organizations
    in providing protection and assistance to refugees, asylum seekers, 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, and the Government has established a system
    for providing protection to refugees.
        The Government generally provided protection against the expulsion
    or return of refugees to countries where their lives or freedom would
    be threatened on account of their race, religion, nationality,
    membership in a particular group, or political opinion. However, in
    2009 the Government deported a recognized refugee from the Democratic
    Republic of the Congo and an Ethiopian national with a pending asylum
    application. UNHCR was unable to verify if the two individuals were
    under threat in their respective countries of origin. No such
    deportations occurred during the year.
        By law the Government does not accept refugees for permanent
    settlement. The Government cooperated with UNHCR in assisting refugees
    and asylum seekers but restricted refugees' ability to move freely and
    work outside of refugee camps.
        The Government also provided temporary protection to individuals
    who may not qualify as refugees under the 1951 Convention relating to
    the Status of Refugees or the 1967 Protocol; however, no reliable
    statistics were available.
        While no legal framework existed, the Government allowed refugees
    to seek both employment and educational opportunities, although it
    restricted these activities outside the refugee camps. Refugees with
    professional degrees, especially those with medical training, were
    given work permits to pursue employment outside the camps. UNHCR, NGOs,
    and the Government collaborated to provide basic assistance, including
    education to children, in refugee camps.
        Security forces sometimes intimidated refugees and asylum seekers.
    Police routinely performed detained refugees found illegally outside of
    camps and returned them to camps. Local citizens often accused refugees
    of theft and demanded their deportation.
        There were no developments or arrests in the July 2009 case of a
    mob that reportedly killed an Ethiopian refugee accused of stealing
    maize.
    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 periodically through largely free and fair elections based on
    universal suffrage.

        Elections and Political Participation.--In May 2009 Bingu wa
    Mutharika of the Democratic Progressive Party (DPP) was reelected
    president in what international observers characterized as a generally
    free and fair election, although there were shortcomings. Observers
    criticized the inequitable access to the state-owned media granted to
    opposition parties and candidates. Opposition parties accused the
    Government of using public funds for campaign purposes.
        The executive branch exerted considerable influence over the
    unicameral national assembly, which followed a hybrid parliamentary
    system loosely based on both the British model and a presidential-
    parliamentary model; all cabinet ministers were also members of the
    national assembly but are not required to be.
        Although the Government did not prevent the activities of
    opposition political parties, the parties alleged that the Government
    encouraged opposition party divisions. Sporadic, minor violence
    occurred between supporters of rival political parties.
        The Government delayed the registration of new political parties,
    which limited their ability to operate legally. Political parties were
    forced to resort to the courts for judicial relief. For example, the
    Peoples Development Movement applied for registration in May, but its
    application was rejected. The party was finally registered November 2,
    but only after a High Court ruling compelled the Government to accept
    the application. The Government appealed the decision, and the case
    remained in the court at year's end. While parties were generally
    allowed to operate without restriction or outside interference, there
    were instances of intimidation by the ruling DPP members.
        There were 43 women in the 193-seat national assembly and 10 women
    in the 42-member cabinet, including the country's first female vice
    president. Women constituted approximately 25 percent of the civil
    service. There were three female justices among the 27 Supreme and High
    Court justices.
        There were six members of minorities in the national assembly.
    Section 4. Official Corruption and Government Transparency
        The law provides criminal penalties for official corruption, and
    the Government had some success prosecuting cases; however, officials
    frequently engaged in corrupt practices with impunity. The World Bank's
    2009 Worldwide Governance Indicators reflected that corruption was a
    serious problem. President Mutharika spoke publicly against corruption
    and cautioned government officials to refrain from questionable
    activities. Efforts to combat corruption and promote transparency
    continued.
        Police corruption continued to be a problem. On February 10, police
    subinspector Charles Ngoleka, officer-in-charge of the Mkanda Police
    Unit in Mchinji, was arrested for allegedly soliciting and receiving a
    bribe to release an individual on police bail. The case was pending at
    year's end.
        Casper Chalera, the head of the Malawi Police Service Fiscal and
    Fraud Section, who was charged for failing to account for 589,436 MWK
    ($4,040) in September 2009, was acquitted by the Blantyre Magistrate
    Court on March 31.
        The Malawi Anti-Corruption Bureau (ACB) investigated, indicted, and
    prosecuted low-level corruption cases during the year; however, critics
    charged that the bureau generally avoided indictments of high-level
    government officials. The ACB was considered generally competent in its
    handling of low-level cases. Indictments of former high-level
    government officials proceeded slowly, often due to legal challenges
    filed in court by the accused. Surveys indicated that while a majority
    of citizens had been exposed to government anticorruption messages,
    only 15 percent knew how to report corruption to the ACB. The ACB
    reported that it completed 634 investigations during the year, which
    resulted in 152 referrals to prosecutors. A total of 25 corruption
    cases were prosecuted during the year, resulting in 10 convictions, 12
    acquittals, and three withdrawals.
        The ACB's appeal of the 2008 magistrate court acquittal of Kandi
    Padambo, former head of the Electricity Supply Commission, was pending
    at year's end.
        There were no further developments in the 2008 case of Information
    Minister Patricia Kaliati, who was accused of accepting vehicles from a
    foreign company in return for a concession at a national park.
        A final verdict in the 2007 corruption case against former
    president Muluzi was pending at year's end.
        The law provides for public access to government information, and
    the Government granted access to citizens and noncitizens, including
    foreign media.
    Section 5. Governmental Attitude Regarding International and
            Nongovernmental Investigation of Alleged Violations of Human
            Rights
        A variety of domestic and international human rights groups
    generally operated without government restriction, training civic
    educators, advocating changes to existing laws and cultural practices,
    and investigating and publishing their findings on human rights cases.
    Government officials often were cooperative and responsive to their
    views.
        The MHRC, an independent government agency, is charged with
    monitoring, auditing, promoting, and investigating violations of human
    rights. Continued resource shortfalls resulted in a backlog of cases,
    delayed production of reports, and hindered human rights monitoring.
    The MHRC reported that it received 460 complaints of human rights
    violations during the year.
        UN agencies and international NGOs had offices in the country and
    had access to investigate human rights abuses. The ICRC delegation for
    southern Africa based in Harare, Zimbabwe, also covered the country.
        The Office of the Ombudsman is mandated to investigate and take
    legal action against government officials responsible for human rights
    violations and other abuses. Between August 2009 and October 2010, when
    the ombudsman position was unoccupied, the office continued
    investigations of existing cases, but no new investigations were
    authorized. The office continued to lack adequate resources and had
    difficulty retaining staff. As a result, the office had only six staff
    members to handle the investigations process for the country. Some
    recommendations from the ombudsman were referred to parliament after
    they were ignored or challenged by government departments and agencies.
    Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
        The law specifically provides for equal rights for women, forbids
    discrimination based on language or culture, race, disability, or
    social status, and provides for equality and recognition before the law
    for every citizen. However, the capacity of government institutions to
    ensure equal rights for all citizens was limited.

        Women.--The law criminalizes rape with a maximum penalty of life
    imprisonment. Spousal rape is not explicitly mentioned but could be
    prosecuted under the same rape laws. The Government generally enforced
    the law effectively, and convicted rapists routinely received prison
    sentences. Data on the prevalence of rape or spousal rape and
    conviction figures were unavailable; however, press reports of rape
    arrests and convictions were an almost daily occurrence. The judiciary
    continued to impose penalties on persons convicted of rape. Although
    the maximum penalty for rape is death, the courts generally imposed the
    maximum assault penalty of 14 years in prison for child rape and
    assault.
        The 2009 case against law professor Kandako Mhone for allegedly
    raping a minor repeatedly since 2006 was pending at year's end.
        Domestic violence, especially wife beating, was common, although
    women seldom discussed the problem openly, and victims rarely sought
    legal recourse. Legal experts and human rights workers attributed
    victims' reluctance to report their abusers to economic dependence on
    the abuser, lack of awareness of their legal rights, and fear of
    retribution and ostracism. The law provides a maximum penalty of life
    imprisonment for domestic violence. The law also recognizes that both
    men and women can be perpetrators as well as victims of domestic
    violence. Police regularly investigated cases of rape and sexual
    assault but did not normally intervene in domestic disputes. Police
    support units provided shelter to some abuse survivors and dealt with
    human rights and gender-based violence, but officers' capacity to
    assist and document cases was limited.
        Sexual harassment is not specifically prohibited by law, but it can
    be prosecuted under existing sections of the penal code, such as
    indecent assault on a woman or girl, which carries up to a 14-year
    prison sentence, or insulting the modesty of a woman, which is a
    misdemeanor punishable by one year in jail. There was no available data
    on the extent of sexual harassment or effectiveness of government
    enforcement.
        The Government recognized the right of couples and individuals to
    decide freely and responsibly the number, spacing, and timing of their
    children. Health clinics and local NGOs were permitted to operate
    freely in disseminating information on family planning under the
    guidance of the Ministry of Health. There were no restrictions on the
    right to use contraceptives, but relatively few citizens had access to
    them. The Government provided free childbirth services, but these
    services were unevenly distributed due to limited access to hospitals
    and other medical facilities in rural areas. Contraceptive use among
    married women between the ages 15 and 49 years old was approximately 38
    percent, according to the UN Population Fund (UNFPA). Due to a shortage
    of doctors, nurses and midwives were a critical component of prenatal
    and postnatal care. According to the Population Reference Bureau,
    approximately 56 percent of births were attended by skilled personnel.
    The UNFPA estimated the maternal mortality ratio to be 510 deaths per
    100,000 live births in 2008. Men and women were entitled to equal
    access to diagnosis and treatment of sexually transmitted infections,
    including HIV.
        Under the law, women have the right to full and equal protection
    and may not be discriminated against on the basis of gender or marital
    status, including in the workplace; however, discrimination against
    women was pervasive, and women did not have opportunities equal to
    those available to men. Women had significantly lower levels of
    literacy, education, formal and nontraditional employment
    opportunities, and access to resources to increase agricultural
    productivity.
        Women often had less access to legal and financial assistance, and
    widows often were victims of discriminatory and illegal inheritance
    practices in which most of an estate was taken by the deceased
    husband's family. Women usually were at a disadvantage in marriage,
    family, and property rights; however, awareness of women's legal rights
    continued to increase, and women began to protest abuse and
    discrimination. Households headed by women were represented
    disproportionately in the lowest quarter of income distribution. A
    total of 52 percent of full-time farmers were women; however, they had
    limited access to agricultural extension services, training, and
    credit. Gender training for agricultural extension workers and the
    gradual introduction of rural credit programs for women increased;
    however, few women participated in the limited formal labor market,
    where they constituted less than 5 percent of managerial and
    administrative staff.
        The law provides for a minimum level of child support, widows'
    rights, and maternity leave; however, only individuals who could use
    the formal legal system benefited from these legal protections. In a
    few isolated areas, widows were sometimes forced to have sex with in-
    laws as part of a culturally mandated ``sexual cleansing'' ritual
    following the death of the husband. In some cases, widows were
    ``inherited'' by a brother-in-law or other male relative. Although
    there are no laws specifically prohibiting these practices, the
    Government and civil society continued efforts to abolish them by
    raising awareness concerning the inherent dangers of such behavior,
    including the risk of HIV/AIDS transmission.
        The Government addressed women's concerns through the Ministry of
    Gender, Child Development, and Community Development. The Organization
    for Economic Cooperation and Development's Gender, Institutions, and
    Development data reflected the elevated discrimination in social
    institutions and the high inequality to which women were subjected on a
    daily basis.

        Children.--Citizenship can be derived at birth within the country
    or from one's parents. In 2007 the Government launched the pilot phase
    of the national registration and identification system, the first step
    in the creation of a national identification system to provide for
    mandatory registration of births; however, the system had not been
    fully implemented by year's end. There were no reports of
    discrimination or denial of services due to lack of birth registration.
        The Government provided free primary education for all children,
    although education was not compulsory. However, families were
    responsible for paying book fees and purchasing uniforms. Students from
    poor families had access to a public book fund. Girls, especially in
    rural areas, were unable to complete even a primary education due to
    poverty, lack of schools, and cultural factors, and were at a serious
    disadvantage in finding employment.
        Child abuse remained a serious problem. The press regularly
    reported cases of sexual abuse of children, including arrests for rape,
    incest, sodomy, and defilement. A 2008 study by the safe schools
    program in Machinga found that 90 percent of girls and 47 percent of
    boys in primary schools experienced some form of violence, including
    sexual touching by other students, sexual abuse by teachers, corporal
    punishment, and verbal and psychological abuse.
        During the year parliament passed the Child Care, Protection, and
    Justice Act, which prohibits subjecting a child to any social or
    customary practice that is harmful to the health or general development
    of a child. Targeted practices included child trafficking, forced
    labor, forced marriage or betrothal, and use of children as security
    for debts or loans.
        Despite the new law, many abusive practices, including the secret
    initiation of girls into their future adult roles, continued. In a few
    traditional communities, girls averaging 12 years of age were forced to
    have sexual relations with older men as part of such initiation rites.
    ``Kupimbira,'' a practice that allows a poor family to receive a loan
    or livestock in exchange for daughters of any age, existed in some
    areas. The MHRC expressed concern over reports of parents forcing their
    daughters into marriages for food.
        The new law does not specifically prohibit female genital
    mutilation (FGM), and it was practiced by a few small ethnic groups. In
    most cases, FGM was performed on girls between 10 and 15 years of age.
        The widespread belief that children were unlikely to be HIV
    positive and that sexual intercourse with virgins can cleanse an
    individual of sexually transmitted diseases, including HIV/AIDS,
    contributed to the sexual exploitation of minors.
        The Ministry of Gender, Child Development, and Community
    Development undertook activities to enhance protection and support of
    child victims. The ministry trained and paid small stipends to more
    than 800 community child protection personnel, who worked nationally to
    identify victims of child abuse, underage labor, and trafficking, and
    referred cases to district social welfare offices or the police.
        The trafficking of children for sexual purposes was a problem, and
    child prostitution for survival without third-party involvement also
    occurred. The new Child Care, Protection, and Justice Act stipulates
    punishment up to and including life imprisonment for child traffickers.
        The penal code outlaws carnal knowledge of females under the age of
    16 years old and stipulates penalties up to and including the penalty
    of death for offenders.
        A few charitable organizations attempted to reduce the number of
    child beggars in urban areas; however, the problem of street children
    remained serious, as the number of orphans whose parents died from HIV/
    AIDS increased. Extended family members normally cared for such
    children and other orphans.
        The country is not a party to the 1980 Hague Convention on the
    Civil Aspects of International Child Abduction. For information on
    international child abduction, please see the Department of State's
    annual report on compliance at http://www.travel.state.gov/abduction/
    resources/congressreport/congressreport--4308.html.

        Anti-Semitism.--The Jewish community was very small, and there were
    no reports of anti-Semitic acts.

        Trafficking in Persons.--For information on trafficking in persons,
    please see the Department of State's annual Trafficking in Persons
    Report at www.state.gov/g/tip.

        Persons With Disabilities.--The Employment Act prohibits
    discrimination in employment; however, there is no comprehensive law
    governing discrimination against persons with disabilities. The law
    provides for the support of persons with disabilities through greater
    access to public places, fair opportunities in employment, and full
    participation in all spheres of society; however, extremely limited
    resources prevented the Government from protecting these rights in
    practice. Reported violations were taken seriously, and the president
    publicly declared that students with disabilities should have equal
    access to education and other government services. The Government had
    not mandated accessibility to buildings and services for persons with
    disabilities.
        The Ministry of Persons with Disabilities and the Elderly is
    responsible for protecting the rights of persons with disabilities.
    There were both public and privately supported schools and training
    centers that assisted persons with disabilities. There also were
    several self-supporting businesses run by and for persons with
    disabilities. The Malawi Rural Development Fund provided loans to
    persons with disabilities to support these activities.

        Societal Abuses, Discrimination, and Acts of Violence Based on
    Sexual Orientation and Gender Identity.--Homosexual activity is illegal
    and is punishable by up to 14 years in prison in addition to corporal
    punishment.
        On May 20, Tiwonge Chimbalanga and Steve Monjeza were found guilty
    of ``carnal knowledge against the order of nature'' and ``gross
    indecency'' and were sentenced to the maximum penalty of 14 years in
    prison with hard labor. On May 29, President Mutharika unconditionally
    pardoned them. Mutharika stated that he granted the pardon for
    humanitarian reasons only and stressed that homosexuality was still a
    crime in the country.
        Societal violence and discrimination based on sexual orientation
    occurred. The Center for Development of the People (CEDEP) reported
    that several cases of violence resulting in serious injury were
    perpetrated against gay men during the year. These attacks were not
    reported to police.
        A 2008 study by CEDEP found that approximately 34 percent of gay
    men in the country had been blackmailed or denied services such as
    housing or healthcare due to their sexual orientation. Additionally, 8
    percent of those surveyed said they had been beaten by police or other
    security forces due to their sexual orientation.

        Other Societal Violence or Discrimination.--Societal discrimination
    against persons living with HIV/AIDS remained an issue. Many
    individuals preferred to keep silent about their health rather than
    seek help and risk being ostracized, but campaigns by the Government
    and NGOs to combat the stigma had some success. The national AIDS
    commission maintained that discrimination was a problem in both the
    public and private sectors.
    Section 7. Worker Rights

        a. The Right of Association.--The law allows workers, except for
    army personnel and police, to form and join trade unions of their
    choice without previous authorization or excessive requirements, and
    workers exercised this right in practice; however, union membership was
    low due to the small percentage of the workforce in the formal sector,
    the lack of awareness of worker rights, and resistance on the part of
    many employees to joining unions due to fear of reprisals. Union
    leaders estimated that 12 percent of the formal sector workforce
    belonged to unions. There is no reliable data on employment in the
    formal or informal sector. It is estimated that there are 1.1 million
    persons actively working in the formal sector. An estimated 650,000 are
    employed in the civil service. In 2008 the Malawi Congress of Trade
    Unions (MCTU) calculated that approximately 18 percent of workers in
    the formal sector were union members. Employers, labor unions, and the
    Government lacked sufficient knowledge of their legitimate roles in
    labor relations and disputes, which limited their effectiveness in
    implementation and enforcement of the law. The law provides for unions
    to conduct their activities without government interference; however,
    in reality the law does not apply to the vast majority of workers in
    the informal sectors.
        Unions must register with the Registrar of Trade Unions and
    Employers' Organizations in the Ministry of Labor, and registration was
    granted routinely.
        The law allows members of a registered union to strike or go
    through a formal mediation process overseen by the Ministry of Labor,
    and workers exercised this right. A strike can take place only after
    all complex and time-consuming settlement procedures established in a
    collective agreement and conciliation efforts have failed. Ambiguities
    in the law regarding what services are considered to be ``essential''
    could lead to unions having difficulties striking legally. There were,
    however, no instances of strikes being declared illegal during the
    year. Laws do not specifically prohibit retaliation against strikers.
    There is no prohibition on actions against unions that are not
    registered. Members of a registered union in ``essential services''
    have a limited right to strike. Essential services are defined as
    services whose interruption would endanger the life, health, or
    personal safety of the whole or part of the population, as determined
    by the Industrial Relations Court (IRC). While there is a definition of
    ``essential services,'' there is no defined list.
        Arbitration rulings were legally enforceable; however, in practice,
    due to lack of funding and a heavy case backlog, the IRC could not
    monitor cases or adequately enforce the laws.

        b. The Right to Organize and Bargain Collectively.--Workers in the
    formal sector have the right to organize and bargain collectively, and
    the Government protected this right. Informal sector workers organized
    in the Malawi Union for the Informal Sector (MUFIS), which is
    affiliated with the MCTU, were unable to obtain the same standard of
    protection as formal sector workers. This inequity is the result of an
    administrative Ministry of Labor decision that the MUFIS does not have
    sufficient standing to bargain collectively. The law requires that at
    least 20 percent of employees (excluding senior managerial staff)
    belong to a union before it can engage in collective bargaining at the
    enterprise level, and at least 15 percent union membership for
    collective bargaining at the sector level. The law provides for the
    establishment of industrial councils in the absence of collective
    agreements for sector-level bargaining. Industrial council functions
    included wage negotiation, dispute resolution, and industry-specific
    labor policy development. The law was not effectively implemented due
    to lack of human and financial resources.
        The International Trade Union Confederation reported that ``many
    workers are afraid to join unions because of prevalent antiunion
    discrimination by employers.'' There were informal reports of employers
    denying union access to their premises and resisting bargaining with
    unions. There was also anecdotal evidence that union organizers were
    dismissed or had their rights violated, which deterred unionization.
        A total of 10 firms held licenses to operate under export
    processing zone (EPZ) status, and all 10 were operational. There are no
    special laws or exemptions from regular labor laws in export processing
    zones; however, many companies in the EPZs resisted union activity, and
    union organizers stated they had little access to workers in the EPZs.

        c. Prohibition of Forced or Compulsory Labor.--The Government
    prohibits forced or compulsory labor. Parliament passed a Child Care,
    Protection, and Justice Bill that specifically outlawed forced child
    labor. However, there were reports that such practices occurred,
    particularly in tobacco farms. Forced labor is punishable by a maximum
    fine of 10,000 MWK ($66) or two years' imprisonment. In practice
    punishments were almost always limited to fines, and the modest fines
    imposed were not effective in discouraging labor violations.
        Although the Ministry of Labor reported no cases of forced labor,
    forced and bonded labor involving entire families occurred under the
    tenancy system. Tobacco plantation tenants had exclusive arrangements,
    often unwritten, with the estate owners to sell their crop and to buy
    inputs such as fertilizer, seed, and often food. These costs, in
    addition to rent charges, often were greater than the amount of money
    received from tobacco sales, systematically leading to a situation of
    debt bondage to repay the inputs and other costs.
        Also see the Department of State's annual Trafficking in Persons
    Report at www.state.gov/g/tip.

        d. Prohibition of Child Labor and Minimum Age for Employment.--The
    law sets the minimum age for employment at 14 years of age, and
    children between the ages of 14 to 18 years old may not work in jobs
    that are considered hazardous or that interfere with their education;
    nevertheless, child labor remained a serious and widespread problem.
        A June 2008 report from the Ministry of Labor stated that more than
    1.4 million children, or one of every three children, were engaged in
    child labor. A study in Thyolo found 41 percent of children under the
    age of 15 engaged in at least part-time work. Seventy-eight percent of
    children between the ages of 10 and 14 years old living on tenant farms
    worked at least part-time with their parents on the farm.
        Child labor was common on tobacco farms, subsistence farms, and in
    domestic service. Many boys worked as vendors, and young girls in urban
    areas often worked outside of their families as domestic servants,
    receiving low or no wages. Child trafficking for agricultural work took
    place both internally and across borders with Zambia and Mozambique;
    there was also trafficking to Tanzania to work in the small-scale
    fishing communities.
        An August 2009 report issued by Plan International stated that
    children working in the tobacco industry were being exposed to high
    levels of nicotine poisoning, equivalent to smoking 50 cigarettes a
    day. The Government disputed the report, arguing that Plan
    International's claim that 78,000 children worked in the tobacco
    industry was greatly inflated. Debate continued over the true extent of
    the problem.
        Regarding the 2008 case against Lilongwe restaurant owner Mohamed
    Abed Ali and his employee Petro Kandindi for hiring four boys to clean
    a septic tank, Ali and Kandindi were convicted and ordered to pay fines
    and restitution to the victims.
        Police and Ministry of Labor officials were responsible for
    enforcing child labor laws and policies; however, labor inspectors do
    not have law enforcement capabilities and must cooperate with the
    police to pursue violators. The law specifies a maximum fine of 20,000
    MWK ($132) or five years' imprisonment for violations.
        The Labor Ministry continued to conduct child labor law enforcement
    courses for district labor officers, district social welfare officers,
    police, and district magistrate court officers. During the year the
    ministry continued inspections, particularly on agricultural estates.
    There were 29 district labor officers and an estimated 160 labor
    inspectors at year's end. Approximately 1,400 inspections were carried
    out during the year.
        The Labor Ministry's youth committees in rural areas continued to
    monitor and report on child labor. Despite these efforts, enforcement
    by police and ministry inspectors of child labor laws was hindered by
    lack of funding.
        Also see the Department of State's annual Trafficking in Persons
    Report at www.state.gov/g/tip.

        e. Acceptable Conditions of Work.--The Ministry of Labor sets
    separate urban and rural minimum wage rates based on recommendations of
    the tripartite wage advisory board (TWAB), composed of representatives
    of labor, government, and the private sector. However, poor functioning
    of the TWAB resulted in delayed and inadequate wage rate revisions. The
    urban minimum was 142 MWK ($0.94) per day; in all other areas, it was
    105 MWK ($0.70) per day. Minimum wage rates did not provide a decent
    standard of living for a worker and family. Official minimum wages
    apply only to the formal sector. Wage earners often supplemented their
    incomes through farming activities. The Ministry of Labor lacked the
    resources to enforce the minimum wage effectively. However, the minimum
    wage was irrelevant for most citizens, who earned their livelihood
    outside the formal wage sector. There was no exception for foreign or
    migrant workers.
        The maximum legal workweek is 48 hours, with a mandatory weekly 24-
    hour rest period. The law requires payment for overtime work and
    prohibits compulsory overtime. In practice these standards were not
    effectively enforced, and employers frequently violated statutory time
    restrictions.
        The law includes extensive occupational health and safety
    standards; however, ministry enforcement of these standards was poor.
        Workers, particularly in industrial jobs, often worked without
    basic safety clothing and equipment. Workers dismissed for filing
    complaints about workplace conditions have the right to file a
    complaint at the labor office or sue the employer for wrongful
    dismissal. Workers have the right to remove themselves from dangerous
    work situations without jeopardy to continued employment; however,
    given the low level of education of most workers and the high level of
    unemployment, workers were unlikely to exercise this right.
        The law protects foreign workers in correct legal status. Illegal
    foreign workers were subject to deportation.

                                   __________

                                      MALI

        Mali, with a population of approximately 14.5 million, is a
    constitutional democracy. International and domestic observers
    characterized the 2007 presidential election, which resulted in the
    reelection of President Amadou Toumani Toure, and the 2007 legislative
    elections as generally free and fair; however, there were some
    administrative irregularities. Northern Mali experienced periodic
    violence involving banditry, drug trafficking, ethnic violence, and the
    terrorist organization al-Qaida in the Islamic Maghreb (AQIM). Security
    forces reported to civilian authorities, although there were instances
    in which elements of the security forces acted independently of
    civilian control.
        Principal human rights problems included arbitrary or unlawful
    deprivation of life, police abuse of civilians, poor prison conditions,
    arbitrary detention, lengthy pretrial detention, prolonged trial
    delays, executive influence over the judiciary, lack of enforcement of
    court orders, restrictions on freedom of speech and assembly, official
    corruption and impunity, domestic violence and discrimination against
    women, female genital mutilation (FGM), trafficking in persons,
    societal discrimination against black Tamasheqs, discrimination based
    on sexual orientation, societal discrimination against persons with
    HIV/AIDS, slavery-like practices and hereditary servitude relationships
    between ethnic groups, and child labor.
                            respect for human rights
    Section 1. Respect for the Integrity of the Person, Including Freedom
            From:

        a. Arbitrary or Unlawful Deprivation of Life.--The Government or
    its agents did not commit any politically motivated killings; however,
    on February 22, police officers shot and killed Mamadou Coulibaly, a
    minibus driver in Bamako who attempted to flee a police check. In
    reaction to the incident, minibus drivers rioted, formed roadblocks,
    burned tires, threatened police officers, and pillaged the police
    station in the Bamako suburb of Senou. The Government did not pursue
    disciplinary action against the police officers involved, who alleged
    the first shots had been fired from the minibus.
        There were no developments in the July 2009 case of minibus driver
    Sountou Koumba Sissoko, shot and killed by National Guardsman Lassine
    Goita allegedly for failing to stop at a checkpoint near the town of
    Kita. At year's end Goita remained in prison awaiting trial. Of the 45
    persons arrested for their roles in the subsequent rioting, 25 remained
    in prison awaiting trial at year's end.

        b. Disappearance.--There were no reports of politically motivated
    disappearances.
        The terrorist organization AQIM held persons hostage during the
    year (see section 1.g.).

        c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
    Punishment.--The constitution and law prohibit such practices; however,
    there were occasional reports that police abused civilians, including
    using excessive force to disperse a demonstration.
        On August 7, a group of up to 20 gendarmes arbitrarily rounded up
    and physically assaulted residents in a neighborhood of Timbuktu.
    Allegedly angered by an attack on one of their colleagues by a
    neighborhood youth, the gendarmes brought residents to a local school,
    doused them with gasoline, and threatened to set them ablaze if the
    implicated youth was not turned over. Civil authorities intervened to
    restore calm, but by year's end, no disciplinary action had been
    pursued against the gendarmes.
        An August 24 report stated police in Timbuktu had beaten with
    batons a youth who refused to heed a police order to stop his
    motorbike. When news of the incident spread, a large youth group
    marched on police headquarters and pelted it with rocks. Although civil
    authorities intervened to restore calm, no charges were brought against
    the police, who alleged the victim had been injured in a motorbike
    accident.
        On November 12, police belonging to the Mobile Security Group (GMS)
    allegedly used excessive force to disperse young demonstrators who had
    gathered before the Court of Appeals in Bamako to protest the detention
    of Mossa Ag Acharatmane and Aboubacrine Ag Fadil. The two detainees
    were arrested on October 31 in connection with an allegedly treasonous
    text they had written for the founding congress of a Tuareg
    association, the National Movement for the Azawad. According to press
    reports, the GMS police used batons to disperse the demonstrators,
    injuring eight and arresting three, including a journalist.

        Prison and Detention Center Conditions.--Overall prison conditions
    remained poor. Prisons continued to be overcrowded. For example, as of
    September 28, the central prison in Bamako housed 1,794 prisoners in a
    facility designed to hold 400. The Sikasso Prison held close to 200
    prisoners in a facility built for 50. In addition food was
    insufficient, and medical facilities and sanitation were inadequate,
    posing serious threats to health.
        In Bamako men and women were placed in separate prisons, although
    both male and female juvenile offenders were held in the women's
    prison. Outside the capital, men, women, and juveniles were held in
    separate cells within the same prison. Arrested individuals may be held
    for up to 72 hours in police stations, where there are no separate
    holding areas for men and women. Pretrial detainees were held with
    convicted prisoners. Detainees had reasonable access to visitors and
    were permitted religious observance. Authorities permitted prisoners
    and detainees to submit complaints by themselves or through ombudsmen
    to judicial authorities without censorship and to request
    investigations of credible allegations of inhumane conditions, although
    it was not known if any prisoner had done so. The Government's National
    Penitentiary Administration investigated and monitored prison and
    detention center conditions.
        The Government permitted prison visits by human rights monitors,
    and various human rights organizations conducted visits during the
    year. However, nongovernmental organizations (NGOs) and other monitors
    were required to submit a request to the prison director, who then
    forwarded it to the Ministry of Justice. Approvals, which took up to
    one week, were routinely granted, but the weeklong delay hindered the
    ability of monitors to ascertain if there were human rights violations,
    and some NGOs and the International Committee of the Red Cross (ICRC)
    faced temporary resistance from prison authorities. ICRC visits were
    conducted in accordance with its standard modalities. In some cases
    prison officials did not allow NGOs to interview prisoners without
    third parties present. Several NGOs, including the Malian Association
    of Human Rights and the Malian Association of Women Lawyers, visited
    prisoners and worked with female and juvenile prisoners to improve
    their conditions.

        d. Arbitrary Arrest or Detention.--The constitution and law
    prohibit arbitrary arrest and detention, and the Government generally
    respected these prohibitions; however, there were reports that
    arbitrary arrest and detention occurred.
        There were no new developments in the case of Habitat Bank of Mali
    Chief Executive Officer Mamadou Baba Diawara, whose conviction for
    fraud was overturned by the Supreme Court in 2009 but whose release was
    prevented by an order of the minister of justice. By year's end,
    Diawara remained detained, as did prison warden Sekouba Doumbia, who
    had released Diawara's codefendant Ismaila Haidara on the basis of the
    Supreme Court order.

        Role of the Police and Security Apparatus.--Security forces include
    the army, air force, gendarmerie, national guard, police, and the
    General Directorate of State Security (DGSE). The army and air force
    are under the control of the civilian minister of defense. The national
    guard is administratively under the minister of defense; however, it is
    effectively under the control of the minister of internal security and
    civil protection. Its responsibilities include maintaining order during
    exceptional circumstances, such as disasters or riots. The guard also
    has specialized border security units. The police and gendarmerie are
    under the Ministry of Internal Security and Civil Protection. Police
    have responsibility for law enforcement and maintaining order in urban
    areas, while gendarmes have that responsibility in rural areas. The
    DGSE has authority to investigate any case and temporarily detain
    persons at the discretion of its director general; it usually did so
    only in terrorism and national security cases.
        The national police force is organized into districts. Each
    district has a commissioner, who reports to the regional director at
    national headquarters. The police force was moderately effective but
    lacked resources and training.

        Arrest Procedures and Treatment While in Detention.--Judicial
    warrants are required for arrest. Bailiffs normally deliver warrants,
    which stipulate when a person is scheduled to appear at a police
    station. While persons were usually apprehended openly with warrants
    based on sufficient evidence and issued by a duly authorized official,
    there were occasions when warrants were not based on sufficient
    evidence.
        Detainees are brought before the judiciary and have the right to a
    lawyer of their choice or a state-provided lawyer if they are indigent;
    however, an insufficient number of lawyers--particularly outside the
    cities of Bamako and Mopti--often prevented access to legal
    representation. Detainees were granted prompt access to family members.
        In cases involving a monetary debt, the arrested person frequently
    resolved the case at the police precinct, and the police received a
    portion of the recovered money.
        The law provides that suspects must be charged or released within
    48 hours and that they are entitled to counsel; however, in practice
    detainees were not always charged within 48-hours. Suspects must be
    transferred from a police station to a prison within 72 hours after
    being arrested; however, in practice detainees were sometimes held
    longer than 72 hours. Limited rights of bail and the granting of
    conditional liberty exist, particularly for minor crimes and civil
    matters. On occasion authorities released defendants on their own
    recognizance.
        The law stipulates charged prisoners must be tried within one year,
    but this limit was frequently exceeded, and lengthy pretrial detention
    was a problem. Lengthy trial procedures, large numbers of detainees,
    judicial inefficiency, corruption, and staff shortages contributed to
    lengthy pretrial detention. Individuals sometimes remained in prison
    for several years before their cases came to trial. Many individuals
    lacked the financial resources needed to make bail. Approximately 67
    percent of the prison population consisted of persons awaiting trial.
    For example, on September 28, of the 1,794 prisoners held at the
    central prison of Bamako, a total of 1,218 were awaiting trial.
        In September the judiciary extended its second ordinary session by
    one month to reduce the case backlog and ease prison overcrowding. The
    judiciary had approximately 240 cases on the docket for the session.

        e. Denial of Fair Public Trial.--The constitution and law provide
    for an independent judiciary; however, the executive branch continued
    to exert influence over the judicial system. Corruption and limited
    resources affected the fairness of trials. Domestic human rights groups
    alleged bribery and influence peddling were widespread in the courts.
        There were problems enforcing court orders.
        Village chiefs and government-appointed justices of the peace
    decided the majority of disputes in rural areas. Justices of the peace
    had investigative, prosecutorial, and judicial functions. In practice
    these systems did not provide the same rights as civil and criminal
    courts.

        Trial Procedures.--The constitution provides for the right to a
    fair trial, and a mostly independent judiciary generally enforced this
    right. Except in the case of minors, trials generally were public and
    juries were used. Defendants have the right to be present and have an
    attorney of their choice. Court-appointed attorneys are provided for
    the indigent without charge. Defendants have the right to consult with
    their attorney, but administrative backlogs and an insufficient number
    of lawyers, particularly in rural areas, often prevented prompt access.
    Many persons could not afford an attorney. Defendants and attorneys
    have access to government evidence relevant to their cases. Defendants
    are presumed innocent and have the right to confront witnesses, to
    present witnesses and evidence on their behalf, and to appeal decisions
    to the Supreme Court. These rights extend to all citizens and all
    groups.

        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, although corruption in the
    judicial branch was widespread and laws are biased against women. There
    is no separate court system for lawsuits seeking damages for, or
    cessation of, a human rights violation. There were reports that civil
    court orders were sometimes difficult to enforce.

        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.

        g. Use of Excessive Force and Other Abuses in Internal Conflicts.--
    Northern Mali experienced periodic violence involving bandits,
    smugglers, paramilitary forces, ethnic violence, and AQIM.
        There were reports the paramilitary militia of Colonel Elhedji
    Gamou committed abuses against civilians in Kidal Region. Allegations
    concerned armed banditry, drug trafficking, arbitrary violence, and
    reprisal attacks. On April 25, Intalla ag Attaher, the traditional
    leader of Tuaregs in Kidal, wrote to President Amadou Toumani Toure and
    threatened to exile himself if Gamou's militia was not withdrawn or
    reined in. In response, a high-level delegation traveled to Kidal on
    May 2 to speak with ag Attaher about the situation. Reports indicated a
    moderate improvement in the militia's respect for civilians' rights in
    Kidal since that time.
        Sporadic violence between the Ganda-Izo militia, composed of ethnic
    Peulh (nomadic) and Songhai (sedentary pastoralists), against
    neighboring Tuareg (seminomadic) factions in the area of Ansongo (Gao
    Region) continued. On August 2, the Government organized a ``Flame of
    Peace'' disarmament ceremony in Fafa, a small village in the Ansongo
    area. An estimated 400 militants from all three ethnic groups
    participated in the disarmament, and 367 weapons were collected and
    burned. Notwithstanding the new effort at peace, reports continued of
    livestock theft and reprisal attacks between the communities.
        No prosecutions were opened regarding the violent confrontations
    between Peulh/Songhai and Tuaregs in June and July 2009.
        During the year the terrorist organization AQIM killed persons and
    took hostages.
        On April 19, in Niger, bandits abducted French citizen Michel
    Germaneau and later handed him over to AQIM. On July 25, AQIM claimed
    it had executed Germaneau in reprisal for a French-supported
    Mauritanian attack on AQIM camps in Mali on July 22, although
    reportedly Germaneau may already have died by the time of the July 22
    raid.
        On September 17, elements believed to be part of AQIM abducted
    seven employees--five French, one Togolese, and one Malagasy--of the
    French firms Areva and Satom in Arlit, Niger, and transported them to
    AQIM camps in northern Mali.
        On February 23, AQIM released French citizen Pierre Camatte who was
    taken hostage in Menaka in November 2009. The release occurred after
    courts tried and sentenced to ``time served'' four AQIM operatives
    authorities had taken into custody in April 2009.
        There were developments in the case of three Spanish aid workers
    kidnapped in Mauritania in November 2009 and held in northern Mali by
    AQIM. On March 10, AQIM released Alicia Gamez. The remaining two
    Spanish hostages, Albert Vilalta and Roque Pascual, were released on
    August 22. According to media reports, the release was in exchange for
    ransom payments as well as the release by Mauritanian authorities of
    Malian AQIM member Omar Oul Sid Ahmed Ould Mama, also known as Omar the
    Sahroui.
        On April 16, AQIM released two Italian citizens, Sergio Cicala and
    his wife Philomene Kaboure, who had been held hostage in Mali since
    their kidnapping in December 2009 in Mauritania.
    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. While the Government generally
    respected these rights in practice, there was a report of a journalist
    arrested.
        The independent media were active and expressed a wide variety of
    views.
        On November 12, Diakaridia Yossi, a journalist for the daily
    newspaper L'Independant, was taken into custody while covering the
    police dispersal of a demonstration in front of the Court of Appeals
    protesting the detention of Mossa Ag Acharatmane and Aboubacrine Ag
    Fadil. Yossi was apparently mistaken for one of the protestors and
    allegedly suffered several blows from police batons. According to press
    reports, Yossi was released from custody, and the director of the
    National Police, Niame Keita, in a meeting with journalist
    associations, expressed regret for the incident and provided 25,000 CFA
    francs ($50) to offset Yossi's medical expenses.
        In December 2009 Noumouke Sidibe, a journalist for Radio Kayira, a
    network of stations critical of the Government, was arrested in Kita
    and charged with inciting the July 2009 Kita riots through his radio
    broadcasts. Sidibe, who had been highly critical of local authorities
    in his reporting, was released on January 6 after an investigative
    judge determined he had not been on the air the day he was alleged to
    have been inciting riots.

        Internet Freedom.--There were no government restrictions on access
    to the Internet or reports that the Government monitored e-mail or
    Internet chat rooms. Individuals and groups could engage in the
    peaceful expression of views via the Internet, including by e-mail.
    There were numerous Internet cafes in Bamako, although home access in
    the capital was limited by cost. Outside of Bamako there were a few
    sites where the Internet was available for public use. According to
    International Telecommunication Union statistics for 2008,
    approximately 1.6 percent of the country's inhabitants used the
    Internet.

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

        b. Freedom of Peaceful Assembly and Association.--Freedom of
    Assembly.--The constitution and law provide for freedom of assembly;
    however, at times the Government did not respect this right in
    practice.
        On March 9, police allegedly used excessive force and tear gas to
    disperse a protest march organized by an association representing
    persons dispossessed by land seizures. Local authorities attempted to
    ban the demonstration on March 8, but this was not effectively
    communicated to those involved in the demonstration. When police forces
    attempted to disperse the protestors, a confrontation ensued, in which
    six individuals were injured. Police arrested four demonstrators, who
    were later released.
        There were no developments in the February 2009 incident of police
    using excessive force to disperse protesters in the Bamako neighborhood
    of Banconi Salembougou.

        Freedom of Association.--The constitution provides for freedom of
    association, although the law prohibits associations deemed immoral.
    The Government generally respected freedom of association during the
    year.

        c. Freedom of Religion.--For a description of religious freedom,
    please see the Department of State's 2010 International Religious
    Freedom Report at www.state.gov/g/drl/irf/rpt.

        d. Freedom of Movement, Internally Displaced Persons, Protection of
    Refugees, and Stateless Persons.--The constitution and law provide for
    freedom of movement within the country, foreign travel, emigration, and
    repatriation, and the Government generally respected these rights in
    practice. Police routinely stopped and checked both citizens and
    foreigners to restrict the movement of contraband and to verify vehicle
    registrations.
        The Government cooperated with the UN High Commissioner for
    Refugees (UNHCR) and other humanitarian organizations in providing
    protection and assistance to internally displaced persons, refugees,
    asylum seekers, and other persons of concern.
        The constitution and law specifically prohibit forced exile; the
    Government did not use it.

        Internally Displaced Persons (IDPs).--The Government provided some
    assistance to IDPs, allowed the International Committee of the Red
    Cross (ICRC) access to IDPs, and permitted IDPs to accept assistance
    provided by humanitarian organizations. The distances involved,
    difficult terrain, and land mine concerns hampered assistance efforts.
    The Government did not attack or target IDPs or forcibly return or
    resettle them. Most persons internally displaced by the Tuareg
    rebellion in 2008-09 had returned home by the end of 2010, although few
    reported receiving any assistance from authorities.

        Protection of Refugees.--The laws provide for the granting of
    asylum or refugee status, 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 on account
    of their race, religion, nationality, membership in a particular social
    group, or political opinion. A national committee in charge of refugees
    operated with institutional assistance from UNHCR.
        The Government's Office of International Migration is responsible
    for providing temporary protection to individuals who may not qualify
    as refugees and provided it to two Nepalese women in distress during
    the year.
    Section 3. Respect for Political Rights: The Right of Citizens to
            Change Their Government
        The constitution and law provide citizens with the right to change
    their government peacefully, and citizens exercised this right in
    practice through periodic, free, and fair elections held on the basis
    of universal suffrage.

        Elections and Political Participation.--In 2007 voters elected
    President Amadou Toumani Toure to a second five-year term with 71
    percent of the vote. Legislative elections were also held in 2007.
    Domestic and international observers characterized these elections as
    generally free, fair, and without evident fraud, but there were
    administrative irregularities.
        There were developments with respect to alleged irregularities and
    fraud during the 2009 communal elections. An administrative tribunal
    annulled the results in several communes, including Yelimane, Tessalit,
    Bourem, and Bamako's Commune IV. The Government appointed special
    delegations to govern the affected communes pending new elections.
        Political parties generally operated without restrictions or
    outside interference.
        There were 15 women in the 147-member National Assembly. There were
    six women in the 29-seat cabinet, five women--including the
    chairperson--on the 33-member Supreme Court, and three women on the
    nine-member Constitutional Court.
        The National Assembly had 15 members from historically marginalized
    pastoralist and nomadic ethnic minorities representing the eastern and
    northern regions of Gao, Timbuktu, and Kidal. The cabinet also had two
    members from these minorities.
    Section 4. Official Corruption and Government 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.
    Officials regularly extorted money. Corruption in the judiciary was
    widespread. Impunity was a problem, and police were often not held
    accountable for corruption. The gendarmerie conducted investigations of
    police officers, although the number of officers disciplined for
    infractions was not available. Police and gendarmes frequently extorted
    bribes. There were reports of uniformed police directing stopped
    motorists to drive to dark and isolated locations, where the officers
    then forcibly robbed the victims.
        The constitution requires the prime minister and other cabinet
    members to annually submit a financial statement and written
    declaration of their earnings to the Supreme Court. These documents
    were not made public.
        The Malian Anticorruption Agency (CASCA) and the independent Office
    of the Auditor General (OAG) are responsible for combating corruption.
    CASCA oversees a number of smaller anticorruption units within various
    government ministries and reports directly to the presidency.
        The OAG's report for 2009 (released in 2010) estimated that 112
    billion CFA francs ($226 million) in revenue had been lost due to fraud
    and mismanagement, including lost revenue in agricultural and health
    programs.
        During the year the OAG examined 10 entities that were discussed in
    its 2007 report. The examination found these entities had implemented
    61 percent of the auditor general's fraud prevention and financial
    management recommendations. In addition there was one criminal
    prosecution based on corruption found in a previous year's report. On
    January 11, six men who had worked in the Government's Office du Niger
    were tried in Bamako's Court of Appeals for embezzling fees paid by
    farmers for irrigation water provided by the state. The court acquitted
    two of the men, sentenced two to time served, and sentenced the
    remaining two to five-year terms of imprisonment.
        The law provides for public access to government information, and
    the Government generally granted such access for citizens and
    noncitizens, including foreign media. The national budget was available
    to the public upon request. If an information request is refused, the
    person who submitted the request can appeal to an administrative court,
    which must address the appeal within three months.
    Section 5. Governmental Attitude Regarding International and
            Nongovernmental Investigation of Alleged Violations of Human
            Rights
        A number of domestic and international human rights groups
    generally operated without government restriction, investigating and
    publishing their findings on human rights cases. Government officials
    were generally cooperative and responsive to their views.
        The National Commission on Human Rights (CNDH) is part of the
    Ministry of Justice. The CNDH is an independent institution under the
    constitution, and was significantly restructured in November 2009.
    During the year the Government provided the commission with a
    headquarters, small staff, and budget increase. The commission began
    work on two human rights reports, including one specifically devoted to
    prison conditions.
    Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
        The constitution and law prohibit discrimination based on social
    origin and status, color, language, gender, or race, but not
    disability. In spite of relevant legislation, citizens were generally
    reluctant to file complaints or press charges of discrimination, based
    largely on cultural factors. Absent complaints or lawsuits, the
    Government did not aggressively pursue violations of these laws.

        Women.--The law criminalizes rape and provides a penalty of five to
    20 years' imprisonment; however, the Government did not enforce the law
    effectively. Only a small percentage of rape cases were prosecuted,
    since most such cases were not reported, and victims felt social
    pressure not to pursue charges against aggressors who were frequently
    close relations. There is no law specifically prohibiting spousal rape,
    but law enforcement officials stated the criminal laws against rape
    apply to spousal rape. Police and judicial authorities were willing to
    pursue rape cases, but stopped if parties reached an agreement prior to
    trial. The Bamako Court of Appeals had 48 cases of rape on its docket
    for the two ordinary sessions of the year; however, information on the
    number of convictions was not available.
        Domestic violence against women, including spousal abuse, was a
    problem. Most cases went unreported. Spousal abuse is a crime, but the
    law does not specifically prohibit domestic violence. Police were
    reluctant to enforce laws against or intervene in cases of domestic
    violence. Many women were reluctant to file complaints against their
    husbands because they feared such allegations would be interpreted as
    grounds for divorce, were unable to support themselves financially, or
    sought to avoid social stigma. The Government's planning and statistics
    unit, established to track prosecutions, was not operational. Assault
    is punishable by prison terms of one to five years and fines of up to
    500,000 CFA francs ($1,011) or, if premeditated, up to 10 years'
    imprisonment.
        The Ministry for the Promotion of Women, Children, and the Family
    distributed a guide regarding violence against women for use by health-
    care providers, police, lawyers, and judges.
        The NGOs Action for the Defense and Promotion of Women Rights,
    Action for the Promotion of Household Maids, and the Association for
    Development and Youth operated six shelters, five in Bamako and one in
    Segou, for abused female domestic laborers.
        The law does not prohibit sexual harassment, and it occurred
    frequently, including in educational establishments.
        Women's ability to make decisions regarding reproduction was
    limited. Women faced pressure to defer responsibility to their husbands
    and family on reproductive issues including the number, spacing, and
    timing of their children and often lacked sufficient information. Women
    often did not have access to contraception and skilled attendance
    during childbirth, including essential obstetric and postpartum care.
    According to the UN Population Fund (UNFPA), the contraceptive
    prevalence rate was 8 percent, with unmet need for family planning
    estimated at 29 percent. Reportedly, 49 percent of births were attended
    by skilled health personnel. Women were equally diagnosed and treated
    for sexually transmitted infections, including HIV, but access to
    health care for both men and women was limited. According to UNFPA
    estimates, in 2008 the maternal mortality ratio was 830 deaths per
    100,000 live births, and a woman's lifetime risk of maternal death was
    one in 22.
        Family law and traditional practices favor men. Women are legally
    obligated to obey their husbands and are particularly vulnerable in
    cases of divorce, child custody, and inheritance. Women had very
    limited access to legal services due to their lack of education and
    information as well as the prohibitive cost.
        While the law provides for equal property rights, traditional
    practices and ignorance of the law prevented women from taking full
    advantage of their rights. A community property marriage must be
    specified in the marriage contract. In addition if the type of marriage
    was not specified on the marriage certificate, judges presumed the
    marriage was polygynous. Traditional practice discriminated against
    women in inheritance matters, and men inherited most of the family
    wealth.
        Women's access to employment and to economic and educational
    opportunities was limited. According to the National Center for
    Information on Women and Children, women constituted approximately 15.5
    percent of the formal labor force. The Government, the country's major
    formal sector employer, paid women the same as men for similar work.
    The Ministry for the Promotion of Women, Children, and the Family was
    charged with ensuring the legal rights of women. Women experienced
    economic discrimination due to social norms that favor men.

        Children.--Citizenship is derived from one's father. The Government
    did not register all births immediately, particularly in rural areas.
    However, during the year, the Government conducted an administrative
    census to collect biometric data and assign a unique identifying number
    to every citizen. The process allowed the registration of children who
    had not been registered at birth, although the exact number of new
    birth certificates assigned is unknown. Several local NGOs, including
    Ladilikan and the Malian Association for the Promotion of the Sahel,
    worked with foreign partners during the year to register children at
    birth and to educate parents about the benefits of registration.
        The constitution provides for tuition-free universal education, and
    the law provides for compulsory schooling from ages seven to 16;
    however, many children did not attend school, and parents often had to
    pay for their children's education as well as provide their uniform and
    supplies. Girls' enrollment in school was lower than boys' at all
    levels due to poverty, cultural tendencies to emphasize boys'
    education, and the early marriage of girls. According to government
    statistics, 56.3 percent of girls ages six to 12 and 70.4 percent of
    boys ages six to 12 were enrolled in primary schools in 2009. Other
    factors affecting school enrollment included distance to the nearest
    school, lack of transportation, and shortages of teachers and
    instructional materials.
        Members of the black Tamasheq community reported that some Tamasheq
    children were denied educational opportunities due to slavery-like
    practices.
        Qur'anic masters often require students under age 10, known as
    ``garibouts,'' to beg for money on the streets or work as laborers in
    agricultural settings (see section 7.d.).
        There were no comprehensive statistics on child abuse. Most child
    abuse cases went unreported. Sexual exploitation of children occurred.
    The police and the social services department under the Ministry of
    Social Development, Solidarity, and the Elderly investigated and
    intervened in some reported cases of child abuse or neglect; however,
    the Government provided few services for such children. The Court of
    Appeals of Bamako heard 35 pedophilia cases during its second ordinary
    session of the year; NGOs reported pedophilia cases were more likely to
    go to trial than rape cases because charges could be pressed by the
    child's guardian rather than the victim, and the anonymity of the child
    could be preserved, reducing the social stigma.
        Female genital mutilation (FGM) was very common, particularly in
    rural areas, and was performed on girls between the ages of six months
    and six years. Approximately 92 percent of all girls and women had been
    subjected to FGM, although a Ministry of Health demographic study in
    2006 reported that among girls and women ages 15 to 19, the rate was 85
    percent. The practice was widespread in most regions with the exception
    of certain northern areas, occurred among most ethnic groups, was not
    subject to class boundaries, and was not religiously based. There are
    no laws specifically prohibiting FGM; however, a government decree
    prohibits FGM in government-funded health centers. Government
    information campaigns regarding FGM reached citizens throughout the
    country, and human rights organizations reported that FGM decreased
    among children of educated parents. There were reports of Burkinabe
    families crossing into Mali to evade stricter FGM laws in Burkina Faso.
        The marriage code allows girls under the age of 15 to marry if they
    have parental consent and special permission from a judge. The minimum
    age for girls to marry without such consent is 15. Underage marriage
    was a problem throughout the country, with parents in some cases
    arranging marriages for girls as young as nine. According to local
    human rights organizations, judicial officials frequently accepted
    false documents claiming that girls under the age of 15 were old enough
    to marry.
        There were no developments in the case of Amadou Diallo, arrested
    in August 2009 for planning to marry his 12-year-old daughter to her
    50-year-old cousin.
        The law does not specifically address child prostitution.
    Authorities cited child pornography as a form of indecent assault
    prohibited under the criminal code. Penalties for indecent assault
    range from five to 20 years in prison. The country has a statutory rape
    law that defines 18 as the minimum age for consensual sex. The law is
    inconsistent with the legal minimum marriage age of 15 and was not
    enforced.
        The National Police's Division for Protection of Children and
    Morals sometimes arrested child prostitutes. They were usually released
    a few hours after their arrest.
        The country is not a party to the 1980 Hague Convention on the
    Civil Aspects of International Child Abduction. For information on
    international child abduction, please see the Department of State's
    annual report on compliance at http://travel.state.gov/abduction/
    resources/congressreport/congressreport--4308.html.

        Anti-Semitism.--The Jewish population was estimated at fewer than
    50, and there were no reports of anti-Semitic acts.

        Trafficking in Persons.--For information on trafficking in persons,
    please see the Department of State's annual Trafficking in Persons
    Report at www.state.gov/g/tip.

        Persons With Disabilities.--There is no specific law protecting the
    rights of persons with physical, sensory, intellectual, or mental
    disabilities in employment, education, access to health care, or in the
    provision of other state services. There is no law mandating
    accessibility to public buildings. The Ministry of Social Development,
    Solidarity, and the Elderly is charged with the protection of the
    rights of persons with disabilities. The ministry sponsored activities
    to promote opportunities for persons with disabilities to generate
    income and also worked with NGOs, such as the Malian Federation of
    Associations for Handicapped Persons, which provided basic services.
    There was a school for the deaf in Bamako that ostensibly falls under
    government responsibility, but support and resources were practically
    nonexistent.

        National/Racial/Ethnic Minorities.--Societal discrimination against
    ``black'' Tamasheqs, often referred to by the label Bellah, continued.
    Some black Tamasheqs were deprived of civil liberties by other ethnic
    groups due to traditional slavery-like practices and hereditary
    servitude relationships between certain ethnic groups. Black Tamasheq
    communities in Gao and Menaka also reported systematic discrimination
    by local officials and others that hindered their ability to obtain
    identity documents or voter registration cards, locate adequate
    housing, protect their animals from theft, seek legal protections,
    obtain education, or access development aid.

        Societal Abuses, Discrimination, and Acts of Violence Based on
    Sexual Orientation and Gender Identity.--There were no publicly visible
    lesbian, gay, bisexual, and transgender (LGBT) organizations in the
    country. The free association of LGBT organizations was impeded by a
    law prohibiting association ``for an immoral purpose''; in 2005 the
    then governor of the District of Bamako cited this law to refuse
    official recognition to a gay rights association. Although there was no
    official discrimination on the basis of sexual orientation, in
    practice, societal discrimination was widespread.

        Other Societal Violence or Discrimination.--Societal discrimination
    against persons with HIV/AIDS occurred. The Government implemented
    campaigns to increase awareness of HIV/AIDS and reduce discrimination
    against those with HIV/AIDS.
    Section 7. Worker Rights

        a. The Right of Association.--The law allows workers to form or
    join independent unions of their choice without previous authorization
    or excessive requirements, and workers exercised these rights. Only the
    military, the gendarmerie, and the National Guard were prohibited from
    forming unions. An estimated 95 percent of salaried employees were
    organized, including teachers, magistrates, health workers, and senior
    civil servants.
        The law allows unions to conduct their activities without
    interference, and the Government respected this right in practice.
        Unions have the right to strike, and workers exercised this right.
    However, the law allows the minister of labor to order arbitration for
    disputes that may endanger lives, security or health, normal
    functioning of the economy, or involves a vital professional sector.
    Civil servants and workers in state-owned enterprises are required to
    give two weeks' notice of a planned strike and to enter into mediation
    and negotiations with the employer and a third party, usually the
    Ministry of Labor and State Reforms. The labor code prohibits
    retribution against strikers, and the Government generally enforced
    these laws effectively.

        b. The Right to Organize and Bargain Collectively.--The law
    provides for the right to collective bargaining, and workers exercised
    this right freely. The law does not prohibit antiunion discrimination,
    but there were no reports of antiunion behavior or activities during
    the year.
        There are no export processing zones.

        c. Prohibition of Forced or Compulsory Labor.--The law prohibits
    forced or compulsory labor, including by children; however, such
    practices occurred.
        Most adult forced labor was found in the agricultural sector,
    especially rice production, domestic services, gold mining, and the
    informal economy. Forced child labor was seen in the same sectors, but
    sometimes with different tasks. In informal surface mining, for
    example, children were used for work in small holes where adults do not
    fit. Some Qur'anic school masters also require children to work longer
    hours than is socially acceptable.
        The law prohibits the contractual use of persons without their
    consent; penalties include a fine and hard labor. Penalties increase to
    20 years' imprisonment if a person under age 15 is involved.
        Many black Tamasheqs continued to be subjected to forced labor
    practices and hereditary servitude relationships, particularly in the
    eastern and northern regions of Gao, Timbuktu, and Kidal. According to
    NGOs, the judiciary was reluctant to act in forced labor cases.
        In January a black Tamasheq woman named Timizwaq fled to Menaka and
    filed a legal complaint alleging she had been held as a hereditary
    slave and subjected to forced labor for 15 years in Inbougaretane by
    Hama Hama ag Adim. With the assistance of a local NGO, she obtained an
    out-of-court settlement whereunder ag Adim agreed to return her two
    children that were under his control and provide her with 20 lambs. At
    year's end ag Adim had returned the two children but had not provided
    any of the livestock.
        There were developments in the cases of Nalewat, a black Tamasheq
    woman in Bambara-Maounde who was held as a hereditary slave and
    subjected to forced labor for 14 years, and Aboubakrine ag Kamotane,
    who filed a legal forced labor-related complaint against a man named
    Afna in Timbuktu. At year's end the man who had subjected Nalewat to
    forced labor had only paid half of the one million CFA francs ($2,022)
    out-of-court settlement agreed to in 2009 and was refusing to complete
    the agreement. Aboubakrine ag Kamotane withdrew his legal complaint
    under pressure from local authorities and the gendarmerie, who had been
    solicited by Afna, the defendant.
        There were no developments in the 2008 forced labor-related
    lawsuits filed by Agiachatou walet Touka against Sagoudene ag Adime,
    Iddar ag Ogazide against Erzaghi ag Bayes, and Tatche walet Ekadaye
    against Ahmed Iknane ag Bakka.
        Debt bondage occurred in the salt mines of Taoudenni, in the North.
    Individuals, primarily of Songhai ethnicity, including some children,
    worked as salt miners to pay off debts owed to businessmen in Timbuktu.
        Please also see the Department of State's annual Trafficking in
    Persons Report at www.state.gov/g/tip

        d. Prohibition of Child Labor and Minimum Age for Employment.--The
    labor code has provisions that pertain to child labor; however, these
    were often ignored in practice. Child labor was a problem. Child labor
    was concentrated in the agricultural sector, especially rice
    production, domestic services, gold mining, Qur'anic schools, and the
    informal economy.
        While the labor code sets the minimum age for employment at 14,
    with certain exceptions, an ordinance pertaining to children sets the
    minimum employment age at 15. The labor code permits children between
    the ages of 12 and 14 to engage in domestic or light seasonal work, and
    limits the number of hours they may work. No child is permitted to be
    employed for more than eight hours per day under any circumstances.
    Girls who are 16 to 18 cannot be employed for more than six hours per
    day. However, these regulations were not enforced in practice.
        Approximately half of children between the ages of seven and 14
    were economically active, and more than 40 percent of children in this
    age group were subjected to the worst forms of child labor. Child
    trafficking occurred. Children, especially girls, were used for forced
    domestic labor. Child labor in the mining sector, including salt mining
    in Taoudenni and gold mining, was also a problem. Black Tamasheq
    children were forced to work as domestic and agricultural laborers.
        An unknown number of primary school-aged children throughout the
    country, mostly under age 10, attended part-time Qur'anic schools that
    were funded by students and their parents and taught only the Qur'an.
    As part of their work requirement, Qur'anic masters often required
    students, known as ``garibouts,'' to beg for money on the streets or
    work as laborers in agricultural settings.
        Authorities enforced labor code provisions, including those related
    to child labor, through inspectors from the Ministry of Labor and State
    Reforms, which conducted surprise inspections and complaint-based
    inspections; however, resource limitations restricted the frequency and
    effectiveness of oversight by the Labor Inspection Service, which
    operated only in the formal sector. The Ministry of Labor and State
    Reforms employed approximately 50 labor inspectors, up from eight in
    2007.
        A 43-member national committee for child labor and trafficking
    issues worked to develop a list of the worst forms of child labor. The
    committee was composed of 13 ministries as well as NGOs, and was
    chaired by the Ministry of Labor and State Reforms. In February 2009
    the Government finalized a list of hazardous occupations in which
    children are prohibited from working. In addition the Government
    finished elaborating a National Action Plan to combat child labor,
    although it has not yet been adopted by the Council of Ministers. The
    Government regularly acts in a supporting role for donor projects
    dealing with child labor.

        e. Acceptable Conditions of Work.--The national minimum wage was
    28,465 CFA francs ($58) per month, which did not provide a decent
    standard of living for a worker and family. The minimum wage was
    supplemented by a required package of benefits, including social
    security and health care. Persons working in the informal and
    subsistence sectors did not receive the minimum wage. The labor code
    specifies conditions of employment, including hours, wages, and social
    security; however, many employers either ignored or did not comply
    completely with the regulations. The Ministry of Labor is also
    responsible for enforcing the minimum wage, but it did not do so
    effectively.
        The legal workweek is 40 hours, except for work in the agricultural
    sector. The legal workweek for agricultural employees ranges from 42 to
    48 hours, depending on the season. The law requires a weekly 24-hour
    rest period. Workers have to be paid overtime for additional hours. The
    law limits overtime to eight hours per week. Labor inspectors usually
    visited work sites only after complaints were filed by labor unions.
    Legal standards pertaining to hours of work were not always enforced.
        The law provides a broad range of legal protections against hazards
    in the workplace; however, authorities did not effectively enforce
    these standards. Workers' groups brought pressure on employers to
    respect sections of the regulations. With high unemployment, however,
    workers often were reluctant to report violations of occupational
    safety regulations. The Labor Inspection Service oversees these
    standards but limited enforcement to the formal sector. It was not
    effective in investigating and enforcing workers' safety and was
    insufficiently funded for its responsibilities. Workers had the right
    to remove themselves from dangerous work situations and to request an
    investigation by the Social Security Department, which is responsible
    for recommending remedial action where deemed necessary; it was not
    known if any worker had done so.

                                   __________

                                   MAURITANIA

        Mauritania, with an estimated population of 3.2 million, is a
    highly centralized Islamic republic governed by President Mohamed Ould
    Abdel Aziz, whose election in July 2009 ended the 11-month political
    crisis caused by the 2008 coup d'etat against former president Sidi
    Ould Cheikh Abdallahi. The presidential election, declared generally
    free and fair by international observers, followed the June 2009 Dakar
    Accord, a consensual agreement brokered by Senegalese President Wade
    and the international community to end the country's political
    stalemate. Following the election, the political situation stabilized,
    although the new authorities have been slow to respond to opposition
    calls for an inclusive political dialogue agreed under the Dakar
    Accord. The majority party Union for the Republic (UPR) overwhelmingly
    won the November 2009 senatorial elections, which the opposition
    denounced as tainted by political influence and tribal pressures.
    Security forces reported to civilian authorities.
        Human rights abuses included mistreatment of detainees and
    prisoners; security force impunity; lengthy pretrial detention; harsh
    prison conditions; arbitrary arrests; limits on freedom of the press
    and assembly; corruption; discrimination against women; female genital
    mutilation (FGM); child marriage; political marginalization of
    southern-based ethnic groups; racial and ethnic discrimination; slavery
    and slavery-related practices; and child labor.
                            respect for human rights
    Section 1. Respect for the Integrity of the Person, Including Freedom
            From:

        a. Arbitrary or Unlawful Deprivation of Life.--There were no
    reports that the Government or its agents committed arbitrary or
    unlawful killings.

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

        c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
    Punishment.--The constitution and law prohibit torture; however,
    security forces allegedly tortured detainees to extract confessions.
    Torture methods reportedly included electric shocks, burnings,
    beatings, pulling out of hair, and sexual violence. However, according
    to the Mauritanian Human Rights Association, there were no documented
    cases of torture this year.
        There was no government response to the April 2009 alleged torture
    of and denial of medical treatment for suspected terrorist Cheikhani
    Ould Sidina. The allegation was made by a spokesman for the families of
    imprisoned Islamists following Sidina's death in prison.
        There was no government response to the August 2009 alleged torture
    of Mohamed Ould Zeidane after he was arrested and detained for
    questioning related to his brothers suicide bomb attack near the French
    embassy.
        There were no reports that the Government investigated the
    September 2009 case in which Nouakchott Prison guards tortured
    convicted terrorist suspect Khadim Ould Semane. Al Jazeera Television
    had broadcast images of guards beating and water boarding Semane and
    aired a telephone interview with Semane in which he stated that he was
    subjected to electric shocks and degrading treatment.
        There were no reports that authorities investigated the 2008 case
    in which police tortured suspected terrorists Abdel Kerim Ben Veraz El
    Baraoui, Ahmed El Moctar Ould Semane, and Cheikh Ould Salem. The
    suspects' lawyers had claimed that police tortured their clients by
    hanging them by their feet and using cigarettes to burn their bodies.
        There were no further developments in the 2008 reported torture of
    39 terrorist suspects involved in the 2007 killings of four French
    citizens and the 2008 attack on the Israeli embassy.

        Prison and Detention Center Conditions.--Prison conditions were
    harsh, and the Government's capacity to administer detention facilities
    remained poor. There were credible reports of torture, beatings, and
    abuse in police detention centers, several prisons throughout the
    country, and gendarmerie and military facilities.
        Funds to improve prison conditions remained inadequate. The
    situation of overcrowding, violence among inmates, and poor medical
    care in prisons remained the same. Many prisoners were unable to leave
    their extremely crowded cells or breathe fresh air for months or years
    at a time.
        Serious overcrowding contributed to the spread of diseases,
    prisoners with health conditions received little or no care, and
    medical supplies remained insufficient. For example, the Dar Naim
    Prison held approximately 1,200 prisoners, although it was designed to
    hold 300. Reports of malnutrition, poor health, and deficient hygiene
    conditions at the Dar Naim Prison continued. There were reports of four
    deaths due to illness and unsanitary conditions at the prison. There
    was no reported investigation of the deaths by year's end.
        Nongovernmental organizations (NGOs) such as the Association of
    Female Heads of Family (AFCF) continued to denounce overcrowding and
    long preventive detentions. Prison overcrowding was exacerbated by the
    high number of pretrial detainees.
        During the year the Government began construction in Nouadhibou of
    a new prison with capacity for 300 prisoners. The prison was not
    completed by year end.
        Pretrial detainees were frequently held with convicted and
    dangerous prisoners. Pretrial terrorist suspects were held in separate
    areas from the general prison population in Nouakchott Central Prison.
        Due to poor security conditions and the fact that dangerous
    prisoners shared cells with nondangerous ones, prisoners also lived in
    a climate of violence, and some had to pay bribes to other prisoners to
    avoid being brutalized and harassed.
        According to Ministry of Justice statistics, there was a total of
    1,700 prisoners with 955 serving sentences and 700 in preventive
    detention. There were 62 female prisoners with 13 serving sentences and
    49 in preventive detention.
        As in the previous year, there were reports on the poor prison
    conditions of terrorist suspects. On April 5, Salafist prisoners issued
    a press release stating they were giving up family visits for one day
    to protest prison conditions and they also threatened to start a hunger
    strike if their right to a speedy trial was not respected. The hunger
    strike did not occur during the year.
        According to media sources, prisoner Mohamed Ould Elhoudrami was
    transferred from Dar Enaim prison to a hospital after commencing a
    hunger strike on November 8. However, the Web site Tawary reported he
    was transferred to the hospital because he was in critical condition
    with cancer and needed daily treatment. Elhoudrami was arrested on
    October 7 after being accused of fraud by President Aziz, who described
    him as dangerous in a televised interview with the media.
        In August 2009 local press reported that Amar Ould Saleh, a
    terrorist suspect, was dying from tuberculosis and was not receiving
    medical treatment or medication. Ould Saleh was tried and sentenced to
    10 years in prison on October 22; subsequently, he received continuing
    treatment at the prison health unit.
        The Mauritanian Bar Association's (ONA) August 2009 report
    criticized ``the nonrespect of human lives in prisons'' and highlighted
    the April 2009 death of terrorist suspect Chikhani Ould Sidina,
    reportedly due to negligence and denial of medical treatment. The
    report also highlighted the August 2009 death, under mysterious
    circumstances, of Dar Naim Prison inmate Sidi Ould Samba. There was no
    government response to the report's findings or investigations of these
    deaths by year's end.
        The Government responded to the August 2009 denunciation of poor
    prison conditions and long detention periods for Salafist prisoners by
    terrorist suspect Taher Ould Biye, imprisoned in Nouakchott Central
    Prison, by conducting terrorism trials in May. These trials led to the
    conviction of 56 Salafist terrorist suspects, including Taher Ould Biye
    who received an eight-year prison sentence.
        In September 2009 families of Salafist detainees protested poor
    detention conditions in front of the Nouakchott Central Prison. The
    wife of detainee El Mami Ould Othman stated he was in declining health
    with deficient medical attention. El Mami Ould Othman was tried and
    received a sentence of five years on October 22, then received a
    presidential pardon on November 16.
        Women and minors under 18 years of age were held in two separate
    facilities. Sexual violence reportedly occurred in the women's prison,
    which employed both male and female guards. Children of female
    prisoners remained with their mothers, or the Ministry of Justice gave
    temporary custody of the children to another family member.
    International NGOs, such as the Noura Foundation, Caritas, and Terre
    des Hommes provided educational and economic opportunities for current
    and former juvenile and female detainees.
        The Government permitted prison visits by NGOs, diplomats, and
    international human rights observers. The International Committee of
    the Red Cross (ICRC) had access to prisons and conducted multiple
    prison visits in accordance with its standard modalities, including
    visits to terrorism suspects, and distributed hygiene items and books.
        The Center for the Reeducation of Minors in Conflict with the Law,
    whose goal is to provide a space for the social reintegration of
    children and youth, held a total of 29 children during the year.
        In response to widespread criticism and as a follow up to 2009
    visits by the fourth district judge and the Ministry of Justice's
    inspector general, Minister of Justice Abidine Ould El Kheir visited
    all prisons in April and May and met with inmates to discuss their
    grievances. On April 21, the Ministry of Justice issued a statement on
    its commitment to improving prison conditions, particularly nutrition
    and health, as well as assuring speedy trials. The statement included
    the following measures: hiring of 18 health care professionals,
    including a dermatologist, a dentist, and a psychiatrist; signing of an
    agreement with a pharmaceutical distributor to provide medicine to
    prisoners; and hiring of a company to clean septic tanks. During the
    year the Ministry of Justice and the Commission for Human Rights,
    Humanitarian Action, and Relations with Civil Society provided a
    medical unit and ambulance, hired an agency responsible for sanitation,
    and improved the quantity and the quality of food. The Ministry of
    Justice also stated that new food stocks were acquired for prisoners
    and would be renewed quarterly.
        During the year the total number of detainees was reduced through
    conditional release and parole.
        In September 2009 the fourth district judge visited the Dar Naim
    Prison to study the situation of incarcerated minors. No statements or
    reports on the visit were issued during the year. Also in September
    2009, the Ministry of Justice's inspector general and the prison
    director visited the Central Prison and heard demands from Salafist
    detainees in response to continuing protests by their families. The
    Government made no statements or efforts to improve the detention
    conditions during the year.
        As in the previous year, the Commission of Human Rights,
    Humanitarian Action, and Relations with Civil Society distributed food,
    hygiene kits, and recreational items to detention centers in Nouadhibou
    and Nouakchott.

        d. Arbitrary Arrest or Detention.--The constitution and law
    prohibit arbitrary arrest and detention, but the authorities did not
    observe these prohibitions.
        There were cases of arbitrary arrest and detention of journalists
    (see section 2.a.). Under the previous military junta known as the High
    State Council (HSC), the military arrested a number of political
    figures and journalists without charge or hearings. These individuals
    were released by the end of the year with the exception of Ahmed Ould
    Khattri, former director of the Agency for the Promotion of Popular
    Savings and Credit Accounts.
        In response to the 2009 Mauritanian National Bar Association (ONA)
    reports which highlighted multiple cases of arbitrary detentions and
    individuals kept in prison without being charged, tried, or released
    despite court orders for their release, three teams of inspectors from
    the Ministry of Justice clarified the status of the detainees and
    brought their cases to trial during the year. ONA stated that the
    Government also formally responded to its report during the year.
        The Al Qaeda in the Lands of the Islamic Maghreb (AQIM) members
    responsible for the 2007 Aleg murders of French tourists were tried and
    sentenced to death in May.
        Police reportedly held suspects involved in the February 2008
    attack against the Israeli Embassy in incommunicado military detention
    for a period of time. These individuals had not been tried by year's
    end.
        The children's penal code states that a minor's preventive
    detention cannot exceed six months. However, the ONA also reported a
    high number of individuals, including minors, who remained in
    preventive detention for extended periods of time due to judicial
    ineptitude.

        Role of the Police and Security Apparatus.--The National Police,
    under the Ministry of the Interior, is responsible for law enforcement
    and maintaining order in urban areas. The National Guard, also under
    the Ministry of Interior, performs limited police functions in keeping
    with their peacetime role as security support at government facilities.
    The National Guard may also be called on by regional authorities to
    restore civil order during large-scale disturbances such as rioting.
    The gendarmerie, a specialized paramilitary group under the Ministry of
    Defense, is responsible for maintaining civil order in and outside
    metropolitan areas, as well as providing law enforcement services in
    rural areas.
        The police were poorly paid, trained, and ill-equipped. Corruption
    and impunity were serious problems. Police regularly demanded bribes at
    nightly roadblocks in Nouakchott and at checkpoints between cities.
    While having a notable effect in increasing security, there were
    numerous reports of police arbitrarily detaining individuals for a few
    hours or overnight at roadblocks in Nouakchott or other towns.
    According to these reports, police detained motorists or passengers
    without asking for identity papers, vehicle registration, or without
    searching the vehicles. Police in some regions arrested former
    criminals and demanded bribes for their release, and some indicted
    detainees were released before trial without explanation. The
    Government rarely held security officials accountable or prosecuted
    them for abuses.

        Arrest Procedures and Treatment While in Detention.--The
    application of constitutional safeguards continued to vary widely from
    case to case. The law requires duly authorized arrest warrants, but
    they were not commonly used. The law requires that courts review the
    legality of a person's detention within 48 hours of arrest; however,
    the police can extend the period for an additional 48 hours, and a
    prosecutor or court can detain persons for up to 15 days in national
    security cases. Authorities generally respected the two-week detention
    period for terrorism suspects to be formally arraigned or released in
    national security cases. Only after the prosecutor submits charges does
    a suspect have the right to contact an attorney. By law attorneys for
    the indigent are provided at state expense, but in practice this did
    not occur. Lawyers highlighted the lengthy incarceration of detainees
    and delays in organizing court hearings. There was a bail system, but
    sometimes judges refused lawyers' requests for bail or set inordinately
    high bail amounts.
        Preventive detention continued to be a problem. According to a
    November 2009 ONA report, 60 percent of detainees in the Dar Naim
    Prison were held in preventive detention under judicial order to
    prevent them from fleeing from prosecution or committing crimes. The
    ONA reported that most preventive detentions were in violation of the
    penal code since individual cases have never been tried. The Dar Naim
    Prison director regularly informed court authorities of the number of
    prisoners in preventive detention, but judicial actions were rarely
    taken. The ONA's August 2009 report stated that some detainees had been
    in preventive detention since 2002 and highlighted six detainees in
    preventive detention since 2006, two since 2007, and eight since 2008.
    Some were detained for minor offenses such as stealing cell phones or
    complicity in theft. According to the Ministry of Justice, all these
    cases were sent to trial following the report produced by ministry
    inspection teams. The ONA also reported that the Government did respond
    to their report.
        On July 18, police arrested Arabic daily Al Hayat journalist
    Mohamed Ould Abdel Latif when he was interviewing merchants for an
    article. Latif remained in custody for two weeks without charges and
    was released without explanation.

        Amnesty.--On September 9 and November 16, President Aziz pardoned a
    total of 52 prisoners who were accused of collusion with AQIM.

        e. Denial of Fair Public Trial.--The constitution and law provide
    for an independent judiciary; however, it was not independent in
    practice. The executive branch continued to exercise significant
    influence over the judiciary through its ability to appoint and
    pressure judges. In addition poorly educated and trained judges were
    susceptible to social, financial, and tribal pressures, which limited
    judicial fairness. International donors funded training for prosecutors
    and judges during the year to increase judicial efficiency. The ONA
    released reports in February and March criticizing the lack of
    independent judges and the court system. On September 8, the Government
    announced an overhaul of judges and the justice system; however, this
    initiative was not implemented by year's end.

        Trial Procedures.--The law provides for due process. Defendants
    enjoy a presumption of innocence. They have a right to a public trial,
    but juries are not used. Defendants have the right to consult with an
    attorney and to be present during their trial. However, the ONA's
    February report stated that lawyers had been denied access to their
    clients. By law, all defendants, regardless of the court or their
    ability to pay, have the legal right to representation by counsel
    during proceedings. If defendants lack the ability to pay for counsel,
    the court should appoint an attorney from a list prepared by ONA, which
    provides a defense free of charge. However, this measure was rarely
    enforced during the year. Defendants have the right to appeal.
    Defendants can confront or question witnesses and present witnesses and
    evidence in both civil and criminal cases. In theory defendants have
    access to government-held evidence, but access was difficult in
    practice. These rights were also extended to minorities. The foregoing
    rights generally were observed in practice, but did not extend equally
    to women.
        Sharia provides the legal principles upon which the law and legal
    procedure are based; the courts did not treat women equally in all
    cases. Lawyers also reported that, in some cases, the unequal treatment
    of women was based on considerations such as a woman's caste or
    nationality.
        A special court hears cases involving minors under the age of 18.
    Children who appeared before the court received more lenient sentences
    than adults, and extenuating circumstances received greater
    consideration in juvenile cases. The minimum age for children to be
    tried is 12 years old. Those between the ages of 12 and 18 are tried
    and, if convicted, sentenced to detention centers for minors.
        During the year there was no government response to the ONA's 2009
    findings that denounced violations of the legal code and procedural
    rules for political purposes, particularly in high-profile cases.
        There were no developments in the case of Ahmed Ould Khattri,
    former director of the Agency for the Promotion of Popular Savings and
    Credit Accounts, who was arrested in January 2009 for alleged
    mismanagement before the Mauritanian Central bank launched an
    investigation and before a judge reviewed the case. Ould Khattri was
    not charged or tried by year's end.

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

        Civil Judicial Procedures and Remedies.--The Administrative Court
    has the jurisdiction to hear complaints of human rights violations. NGO
    representatives stated they collaborated with the court, but the court
    was not impartial in practice. There are administrative and judiciary
    remedies through the social chamber of the Court of Appeals and through
    the Supreme Court.

        f. Arbitrary Interference With Privacy, Family, Home, or
    Correspondence.--The constitution prohibits such actions, and the
    Government generally respected these prohibitions in practice.
    Section 2. Respect for Civil Liberties, Including:

        a. Freedom of Speech and Press.--The constitution provides for
    freedom of speech and of the press, and the Government generally
    respected these rights in practice. Individuals could criticize the
    Government publicly or privately, and independent media were active and
    generally expressed a wide variety of views with limited restrictions.
    There were no reports of police questioning and detaining journalists
    during the year. However, some journalists practiced self-censorship in
    covering areas deemed sensitive, including the military, corruption,
    and Sharia, and there were reports of intimidation of journalists who
    covered sensitive issues. Government media--including TV Mauritania,
    Radio Mauritania, and daily newspapers Horizons (in French) and Chaab
    (in Arabic)-- mostly focused on official news, but provided limited
    coverage of opposition activities and views through the year. TV
    Mauritania occasionally broadcast programs covering some opposition
    activities.
        On February 25, Ahmed Ould Cheikh, president of the Rally of Press
    Editors and editor of the weekly newspaper Le Calame stated that the
    independent press refused to participate in the TV Mauritania program
    Press Club to protest previous censorship. According to the Mauritanian
    Press Association, which represents the journalists' union, TV
    Mauritania censored statements on national unity, toxic waste generated
    by foreign companies, and other sensitive topics by journalist Kissima
    Diagana, editor of weekly newspaper La Tribune.
        On February 26, Hanevy Ould Dehah, director of the news Web site
    Taqadoumy, received a presidential pardon after being detained since
    December 2009 despite having served his sentence for crimes against
    Islam and paying all imposed fines and legal fees. Dehah, who was
    originally arrested in June 2009 on charges of defamation of
    presidential candidate Ibrahima Sarr for publishing an article stating
    that Sarr bought a house with campaign money from General Aziz. Dehah,
    was sentenced in August 2009 to six months in prison and fined 30,000
    ouguiya ($111) for committing acts contrary to Islam and decency. The
    sentencing judge accused Dehah of creating a space allowing individuals
    to express anti-Islamic and indecent views, based on a female reader's
    comments made on the Taqadoumy site calling for increased sexual
    freedom.
        On April 24, gendarmes confiscated a video filmed by Al Jazeera in
    the Tagant Region. According to Al Jazeera, the video contained images
    of alleged toxic waste landfills. Sources close to the Government
    argued these landfills contained chemicals used as pesticides in the
    1970s by the African Agriculture Organization.
        On July 2, the National Assembly passed a law to liberalize the
    audiovisual sector, which has been traditionally state-owned. The law
    allows for the creation of private radio stations and television
    channels. There were no private stations or channels launched during
    the year.
        On September 15, the Mauritanian Press Rally (RPM) announced there
    would be a press blackout on September 19 to protest ``the deplorable
    situation of the press sector.'' However, the blackout did not occur.
    The RPM was protesting the rise in the cost of printing newspapers, the
    lack of government support, and the press' exclusion from coverage of
    some major events.
        Unlike the previous year, journalists for the Web site Taqadoumy
    were not arrested or detained due to their online articles or comments.
        The 2008 suspension of privately owned Radio Citoyenne's broadcasts
    and other radio and television programs devoted to civic education
    continued during the year.
        The charges against journalists Mohamed Nema Oumar and Mohamed Ould
    Abdellatif were dropped during the year. Oumar and Abdellatif were
    detained and charged with defamation in 2008 following the publication
    of an AL-hurriya newspaper article accusing three judges of corruption.
        There were no developments in the 2008 case of trade union
    activists' assault on Al Jazeera cameraman Mohamed Ould Moustafa due to
    his film coverage of postcoup opposition activities.

        Internet Freedom.--Unlike the previous year, there were no reports
    of government restrictions on Internet access.
        Individuals and groups could generally engage in the peaceful
    expression of views via the Internet, including by e-mail.
        Internet access was available in urban areas throughout the
    country, with home access common among the affluent, and cyber cafes
    serving the remainder of the population. According to International
    Telecommunication Union statistics for 2009, approximately 2.28 percent
    of the country's inhabitants used the Internet.

        Academic Freedom and Cultural Events.--Unlike the previous year,
    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. The law
    requires that organizers apply to the local prefect (hakim) for
    permission to hold large meetings or assemblies. Permission was
    generally approved, but on some occasions the authorities denied
    permission to hold demonstrations.
        Unlike the previous year, numerous incidents of security forces
    forcefully dispersing opposition demonstrations did not occur. However,
    on May 5, antiriot police brutally repressed a demonstration by
    employees of the municipality of Ksar. The event was led by the local
    collectivities National Union to demand payment of wage arrears and
    contributions to the national social security system.

        Freedom of Association.--The law provides for freedom of
    association, and the Government generally respected this right.
        All political parties and local NGOs must register with the
    Ministry of the Interior. The Government encouraged local NGOs to join
    the Government-sponsored Civil Society Platform during the year. NGOs
    that are members of the platform do not receive government funding.
        The country has approximately 77 registered political parties and
    numerous NGOs, which generally functioned openly, issued public
    statements, and chose their own leadership. The Government generally
    did not prevent unrecognized political parties or NGOs from
    functioning. However, on July 5, the Ministry of the Interior ordered
    the international NGO National Democratic Institute (NDI) to suspend
    its operations because it lacked formal accreditation, although NDI had
    attempted to obtain accreditation since 2005. The ministry stated NDI
    had been operating illegally for years. There were no developments, and
    NDI remained suspended at year's end.

        c. Freedom of Religion.--For a complete description of religious
    freedom, please see the Department of State's 2010 International
    Religious Freedom Report at www.state.gov/g/drl/irf/rpt

        d. Freedom of Movement, Internally Displaced Persons, Protection of
    Refugees, and Stateless Persons.--The law provides for freedom of
    movement within the country, foreign travel, emigration, and
    repatriation. The Government generally respected these rights, but
    persons lacking identity cards could not travel freely in some regions.
    Unlike the previous year, authorities did not restrict international
    travel of some opposition members.
        During the year the Government, in response to an increased
    terrorist threat, set up mobile roadblocks where gendarmerie, police,
    or customs officials checked the papers of travelers and often demanded
    bribes.
        The law does not prohibit forced exile, and there were no reports
    that the Government used it.
        The Government cooperated with the Office of the UN High
    Commissioner for Refugees (UNHCR), the International Organization for
    Migration, and other humanitarian organizations in providing protection
    and assistance to internally displaced persons, refugees, returning
    refugees, asylum seekers, stateless persons, and other persons of
    concern; however, the Government lacked resources to support these
    persons effectively. The National Agency for the Welcome and
    Reintegration of Refugees (ANAIR) oversees the reintegration of
    repatriated refugees, provides administration and identification
    support, and contributes to social and economic development of
    resettlement areas. However, reintegration of returnees into
    communities was challenging due to deficient sanitation, health, and
    education infrastructure, as well as land disputes. The majority of
    Afro-Mauritanian returnees were unable to obtain identity cards, and
    birth certificates.
        During the year ANAIR offered reintegration programs such as summer
    camps for refugee children and training sessions for women. President
    Aziz's government also conducted a census of former teachers among
    returnees to reinstate them in their positions with the Ministry of
    Education. However, returnee associations complained that reintegration
    efforts as well as settlement of land disputes were slow.
        There were 19,000 Afro-Mauritanian refugees returned from Senegal
    as part of the official repatriation program that ended in December
    2009. However some 7,000 repatriation requests were stalled at various
    stages of processing and not completed by the program's end. On July
    13, the Government, UNHCR, and Senegal agreed to resume the limited
    repatriation of up to 2,400 individuals whose cases had been approved
    previously, but not acted upon. According to ANAIR, 1,385 refugees were
    repatriated during the year.

        Protection of Refugees.--Decree 2005/022, which sets forth the
    procedures for implementation of International Refugee Conventions,
    adopts the principles set forth in the 1951 Convention relating to the
    Status of Refugees and the 1969 African Union Convention Governing the
    Specific Aspects of the Refugee Problem in Africa. However, according
    to the National Forum of Organizations for Human Rights, legal
    implementation of the conventions did not occur during the year.
        The country's laws provide for the granting of asylum or refugee
    status and the Government has established a system for providing
    protection to refugees. The National Consultative Commission for
    Refugees (CNCR) is the national body for the determination of refugee
    status. UNHCR carries out refugee status determinations under its
    mandate and presents cases to the CNCR for recognition. The Government
    granted refugee status and accepted refugees recognized by UNHCR. In
    practice the Government provided protection against the expulsion or
    return of refugees to countries where their lives or freedoms would be
    threatened on account of their race, religion, nationality, membership
    in a particular social group, or political opinion. The Government
    provided protection to approximately 717 refugees during the year.
        During the year the Government worked with the European Commission
    and the Government of Spain to return migrants to their countries of
    origin after attempts to reach the Canary Islands by sea. The
    Government operated a migrant reception center in the Nouadhibou region
    with the assistance of the Mauritanian Red Crescent and Spanish Red
    Cross to process returned migrants and to provide nutritional and
    medical care. International NGOs criticized overcrowding and poor
    detention conditions at the Nouadhibou migrant reception center. During
    the year there was no government response to a Spanish NGO's 2008
    report that recommended the center's closure based on its alleged
    operations outside of legal frameworks.
        The Government gave UNHCR access to returned migrants to determine
    if they were eligible for refugee status. In view of freedom of
    movement agreements with the Economic Community of West African States,
    the Government allowed West African migrants to remain, deporting only
    those found illegally seeking to reach the Canary Islands.
    Section 3. Respect for Political Rights: The Right of Citizens to
            Change Their Government
        The constitution provides citizens the right to change their
    government peacefully, and citizens exercised this right in practice
    through periodic generally free and fair elections based on universal
    suffrage.

        Elections and Political Participation.--The country returned to
    constitutional rule in June 2009 following the voluntary resignation of
    then president Abdallahi and the formation of a Transitional Government
    of National Unity.
        The country enjoyed a peaceful transition from military rule under
    the HSC to a democratically elected government with the July 2009
    presidential election in which former HSC leader General Aziz won 53
    percent of the vote. Although some opposition groups claimed the
    election was fraudulent and requested an investigation, other national
    and international observers judged the election to be generally free
    and fair, and the Constitutional Council certified the election.
        The 95-person National Assembly includes representatives from 12 of
    the 25 parties that contested the 2006 legislative elections as well as
    41 independents. Senate elections held in November 2009 resulted in the
    ruling UPR party winning 13 of 16 seats. The Islamic party Tawassoul
    and independent candidates won the remaining seats. The opposition
    Rally of Democratic Forces party lost a seat. The opposition and
    independent candidates denounced strong pressures from the authorities
    on municipal advisors to vote for majority party candidates and to
    convince independent candidates to step down. No investigations were
    launched by year's end.
        Political parties operated without restrictions, and there were no
    reports of restrictions on opposition opponents.
        There were 15 women in the National Assembly and nine women in the
    56-seat Senate. The 28-member cabinet included five women, three Black
    Moors, and six Afro-Mauritanians.
        The electoral law requires that women make up at least 20 percent
    of candidates on legislative candidate lists.
    Section 4. Official Corruption and Government Transparency
        The law provides criminal penalties for official corruption;
    however, the Government did not enforce the law effectively, and
    officials often engaged in corrupt practices with impunity. Corrupt
    practices were widely believed to exist at all levels of government,
    and the World Bank's most recent Worldwide Governance Indicators
    reflected that corruption was a severe problem. Government officials
    reportedly received frequent favors from authorities, such as
    unauthorized exemption from taxes, special grants of land, and
    preferential treatment during bidding on government projects.
    Corruption was most pervasive in government procurement, bank loans,
    fishing license distribution, land distribution, and tax payments. The
    Ministry of the Interior's Economic Crimes Brigade and the Office of
    the Inspector General were responsible for investigating corruption.
    President Aziz's government placed fighting corruption at the top of
    its agenda and made high-profile arrests during the year. Corruption
    and impunity were also serious problems in the police force, and the
    Government rarely held security officials accountable or prosecuted
    them for abuses. Judicial corruption was also a problem.
        The Government implemented anticorruption measures such as a census
    of government officials that resulted in the identification of 5,000
    ``ghost'' employees. Additionally, it enforced laws prohibiting the use
    of government vehicles outside working hours and eliminated benefits
    such as free housing for high-level government officials.
        On April 28, the Accounts Court ordered the former minister of
    finance during the 2009 Transitional Government, Sidi Ould Salem, to
    reimburse 417 million ouguiya ($1.6 million) to the state treasury. The
    court accused Salem of making unjustified expenditures while he was
    general manager of The Society of Construction and Real Estate
    Management.
        On May 13, former prime minister Yahya Ould Ahmed El Waghef was
    summoned to court to answer charges related to the ``tainted rice
    scandal'' for which he was held in jail for a few weeks after the 2008
    coup d'etat. Waghef allegedly approved the purchase of tainted rice
    that was planned for free distribution. His court appearance was later
    postponed, without a new appearance date specified, and there was no
    development in the case by year's end.
        On May 15, the Economic Crimes Brigade arrested three Mauritanian
    Gas Company managers for alleged invoice falsification totaling 35
    million ouguiya ($132,000). The managers were ordered to repay the
    money, which they reportedly did during the year.
        On June 14, Nouakchott Port Tax Inspector Cheikh Ould Maouloud was
    arrested for misappropriating approximately two billion ouguiya (seven
    million dollars). His case remained pending at year's end.
        In June the Internal Revenue Office launched a tax collection
    campaign and ordered the main banks to pay back taxes totaling between
    400 million and 1.8 billion ouguiya each ($1.4 to $6.2 million). The
    banks contested the amounts and contacted the Ministry of Finance to
    resolve the crisis, which threatened the solvency of the national bank
    system. The issue was resolved through an agreement between the Central
    Bank and the primary banks.
        On June 6, former wali (governor) of Nouakchott, Sidi Brahim Ould
    Maouloud, was arrested for illegally transfering 1,700 plots of land in
    Toujounine to Oumar Ould M'Haiham, a former government official.
    Maouloud was released the same day. M'Haiham and 12 other persons
    accused of selling the illegally acquired plots were arrested June 7
    and later convicted. Their sentences were pending at year's end.
        On August 26, Human Rights Commissioner Mohamed Lemine Ould Daddeh
    was fired for mismanagement, following an audit by the Office of the
    Inspector General, and ordered to reimburse 271 million ouguiya
    ($934,482) within 15 days or face incarceration. Daddeh requested an
    extension of the payment deadline, but failed to submit reimbursement
    and was arrested on September 20. He was awaiting trial at year's end.
        In September 2009 a Global Fund to Fight Aids, Tuberculosis, and
    Malaria investigation uncovered widespread corruption in the management
    of the fund's grant to the country. In October 2009 the Economic Crimes
    Brigade arrested the country program coordinator, his executive
    secretary, and two other individuals; however, their trial had not
    begun by year's end.
        The former central bank governor, Sidel Mokhtar Ould Nagi, and his
    deputy, Mahomed Ould Oumarou, were released without trial during the
    year. They were charged in December 2009 with treason, forgery,
    mismanagement, and diversion of approximately 24 billion ouguiya ($88
    million) in 2000-01.
        On January 4, Mohamed Ould Noueiguedh, former chairman and chief
    executive officer of the National Bank of Mauritania; Crif Ould
    Abdallahi, chairman of the board of the Islamic Bank of Mauritania; and
    businessman Abdou Maham were released after a mediation effort led by
    El Hacen Ould Dedew. The public prosecutor had charged them in December
    2009 with conspiracy to defraud the Central Bank of 14 billion ouguiya
    ($52 million).
        The Government did not enforce the requirement for senior
    officials, including the president, to file a declaration of their
    personal assets. However, President Aziz publicly declared his assets
    in October due to public pressure.
        The law provides for public access to government information, and
    the Government granted such access to citizens and noncitizens,
    including foreign media during the year.
    Section 5. Governmental Attitude Regarding International and
            Nongovernmental Investigation of Alleged Violations of Human
            Rights
        Several domestic and international human rights groups generally
    operated without government restriction, investigating and publishing
    their findings on human rights cases. Government officials were
    somewhat cooperative and responsive to their views.
        The Government met with local NGO monitors during the year and
    cooperated during visits by the UN, ICRC, and Amnesty International. UN
    Special Rapporteur on Contemporary Forms of Slavery, Gulnara Shahinian,
    visited the country from October to November 2009 to study actions
    taken by the Government to end slavery. The special rapporteur's report
    was released in August, and the Government provided its response during
    the September Human Rights Council session in Geneva.
    Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
        The constitution and law provide for equality for all citizens
    regardless of race, national origin, sex, or social status, and
    prohibits racial or ethnic propaganda; however, the Government often
    favored individuals on the basis of racial and tribal affiliation,
    social status, and political ties. Societal discrimination against
    women, trafficking in persons, and racial and ethnic discrimination
    were problems.

        Women.--According to NGOs, the incidence of both reported and
    unreported rape continued to be high, and rape was considered a serious
    problem. Rape, including spousal rape, is illegal; however, the
    Government did not enforce the law effectively. According to the penal
    code, rapists who are single men faced penalties of forced labor and
    flagellation. Married rapists could be subject to the death penalty.
    However, rape cases rarely went to trial. Several cases were reported
    of wealthy rape suspects avoiding prosecution or, if prosecuted,
    avoiding prison. Families of the victim commonly reached an agreement
    with the rapist for monetary compensation. National statistics on
    arrests, prosecutions, and convictions for rape were unavailable. Human
    rights activists and lawyers reported that rape victims were
    stigmatized, persecuted, and even imprisoned. Since rape was tied to
    the concept of ``Zina'' or sinful sexual relations outside marriage,
    judges may hold the victim responsible for the rape.
        Domestic violence was considered a serious problem. Spousal abuse
    and domestic violence are illegal; however, the Government did not
    enforce the law effectively, and most cases went unreported. There are
    no specific penalties for domestic violence, and convictions were very
    rare. There were no reliable government statistics on prosecutions,
    convictions, and sentences for domestic violence. According to 2009
    statistics, the AFCF provided legal assistance to 1,152 domestic
    violence victims.
        Police and the judiciary occasionally intervened in domestic abuse
    cases, but women rarely sought legal redress, relying instead on
    family, NGOs, and community leaders to resolve domestic disputes. NGOs
    reported that in certain cases they had sought help from the police for
    victims of domestic violence, but the police declined to intervene.
    AFCF and other women's NGOs provided psychologists and shelter to some
    victims.
        Traditional forms of mistreatment of women appeared to decline
    during the year. One form of such mistreatment was the forced feeding
    of adolescent girls (gavage) prior to marriage, which was practiced
    only among White Moor tribal groups. Increased government, media, and
    civil society attention to the problem led to a marked decline in
    traditional views encouraging female obesity despite the health risks.
    Nevertheless, overeating to conform to cultural standards remained an
    issue, mostly in rural areas. Many urban women endangered their health
    by taking pills to gain weight or increase their appetite.
        Women's NGOs reported sexual harassment was a common problem at the
    workplace, but there are no laws or penalties against it.
        Men and women had equal access to diagnosis and treatment for
    sexually transmitted infections, including HIV. The Government
    recognized the right of individuals and couples to decide freely and
    responsibly the number, spacing, and timing of their children and to
    have the information and means to do so free from discrimination,
    violence or coercion. However, reproductive issues were a sensitive
    topic. Some women's NGOs, such as the Mauritanian Association for the
    Health of Women and Child (AMSME) and AFCF, focused on reproductive
    rights. The incidence of infant mortality under five years old is 122
    deaths per 1,000 live births.
        AFCF stressed that poor women and women from traditionally lower
    castes such as slaves and former slaves had insufficient access to
    contraception, obstetric and postpartum care, skilled attendance during
    childbirth, and treatment for sexually transmitted infections,
    including HIV. AMSME, which operated a center for rape victims,
    provided emergency contraception to victims.
        Women have legal rights to property and child custody and, among
    the more modern and urbanized population, these rights were recognized.
    Nevertheless, divorced women could potentially lose child custody if
    they remarried. By local tradition, a woman's first marriage requires
    parental consent. In accordance with the personal status code, men can
    marry up to four women but are required to request spousal consent
    before marrying again. Women were encouraged by government awareness
    programs to obtain a contractual agreement at the time of marriage
    stipulating that the marriage ends if the husband marries a second
    wife. This practice was common in Moor society. Nevertheless, women who
    did not establish a solid contract remained unprotected. In addition
    the validity of and right to establish prenuptial agreements was not
    always respected.
        In practice polygamy continued to be rare among Moors but was
    gaining in popularity. It was common among other ethnic groups.
    Arranged marriages were increasingly rare, particularly among the Moor
    population. Also there was cultural resistance to marriages among
    members of different castes, and NGOs reported powerful individuals
    used the judicial system to intimidate and persecute members of their
    families who married below their social rank.
        Women still faced legal discrimination, and they were considered
    minors in the eyes of the law. According to Sharia, the testimony of
    two women was necessary to equal that of one man. The courts granted
    only half as large an indemnity to the family of a woman who was killed
    as was awarded for a man's death. Formulas applied to property
    distribution varied widely from case to case. The personal status code
    provides a framework for the consistent application of secular law and
    Sharia-based family law, but the code had yet to be implemented. Human
    rights lawyers reported that judges treated differently cases
    concerning White Moor women, slave, or lower-caste women, and foreign
    women.
        Women did not face legal discrimination in areas not addressed
    specifically by Sharia. The law provides that men and women should
    receive equal pay for equal work. The two largest employers, the civil
    service and the state mining company, observed this law, although it
    was not universally applied in practice. In the modern wage sector,
    women also received family benefits, including three months of
    maternity leave.
        The Government sought to open new employment opportunities for
    women in areas that were traditionally filled by men, such as
    diplomacy, health care, communications, police, and customs services.
    Women continued to become more involved in the fishing industry and
    established several women's fishing cooperatives.
        The Ministry of Social, Child, and Family Affairs (MASEF) continued
    its two-year program in cooperation with the UN Population Fund to
    promote a sociocultural and legislative environment that favors gender
    equality and reduces gender violence. The Secretariat for Women's
    Affairs worked with many NGOs and cooperatives to improve the status of
    women. Women's groups and national and international NGOs organized
    meetings, seminars, and workshops throughout the year to publicize
    women's rights. The secretariat, in collaboration with the German
    Society for Technical Development (GTZ), publicized women's rights and
    organized workshops regarding their rights.

        Children.--By law citizenship is derived from one's father.
    Citizenship can be derived from one's mother under the following two
    conditions: if the mother is a citizen and the father's nationality is
    unknown and if the child was born in country to a citizen mother and
    repudiates the father's nationality a year before reaching majority.
    Children born abroad to citizen parents can acquire the country's
    citizenship one year before reaching majority. Minor children of
    parents who have become naturalized citizens are also eligible for
    citizenship.
        In general the Government registered births immediately; however,
    in the South, many citizens reported not having birth certificates or
    national identity papers. In addition some slaves did not have birth
    certificates. There was no official data on the number of births that
    went unregistered.
        The law makes special provision for children's welfare, and there
    were government programs to care for abandoned children; however,
    inadequate funding hampered these programs' effectiveness.
        School attendance is mandatory for six years of universal primary
    education. However, the law was not effectively enforced.
        Public education was free through university level. Classes were
    fully integrated, including boys and girls from all social and ethnic
    groups. Children of slave caste families were allowed to attend school,
    but many did not receive an education. There were no legal restrictions
    on the education of girls. Almost all children, regardless of gender or
    ethnic group, attended Koranic school between the ages of five and
    seven years old and gained at least rudimentary skills in reading and
    writing Arabic.
        FGM was practiced by all ethnic groups and performed on young
    girls, often on the seventh day after birth and almost always before
    the age of six months. The child protection penal code states that any
    act or attempt to damage a female child's sexual organs is punishable
    by imprisonment and a 120,000 to 300,000 ouguiya ($460 to $1,153)
    penalty. The most recent statistics on FGM indicated a decrease in
    incidence from 71 percent in 2001 to 65 percent in 2007, mainly due to
    a decrease in the urban sector. Infibulation, the most severe form of
    excision, was not practiced.
        The Government and international NGOs continued to coordinate anti-
    FGM efforts focused on eradicating the practice in hospitals,
    discouraging midwives from practicing FGM, and educating the
    population. The Government, the UN Population Fund, the UN Children's
    Fund (UNICEF), and the national Imams' Association joined other civil
    society members to emphasize the serious health risks of FGM and that
    FGM was not a religious requirement. Government hospitals and licensed
    medical practitioners were barred from performing FGM, and several
    government agencies worked to prevent others from perpetrating it.
    According to several women's rights experts, the campaign against FGM
    appeared to be changing attitudes towards the practice. On January 11,
    30 religious leaders declared a fatwa (Islamic ruling) against FGM
    following a two-day round table organized by the Forum of Islamic
    Thought and Dialogue Between Cultures. The Government and civil society
    organized a Zero Tolerance Day on February 6 to raise awareness about
    FGM.
        Events focusing on raising women's awareness of FGM were organized
    in Hodh El Ghabri on February 2 by MASEF and the GTZ. On May 24,
    communities in the Brakna region renounced FGM at events organized by
    UNICEF, the NGO Tostan, and the MASEF.
        In theory the legal marriage age is 18 years old, but the law
    rarely was enforced, and there were widespread reports of child
    marriages. Since consensual sex outside of marriage is illegal, a
    ``weli'' (tutor) can present a case to local authorities requesting
    permission be granted to a woman younger than 18 years old to marry. In
    practice this permission is granted frequently.
        There is a law prohibiting adult sexual relations with a child with
    penalties of six months to two years of imprisonment and a 120,000
    to180,000 ouguiya ($414 to $620) fine.
        There is a law prohibiting child pornography with penalties of two
    months to one year imprisonment and a 160,000 to 300,000 ouguiya ($550
    to $1,034) fine.
        Local NGOs estimated that there were 1,000 street children, largely
    as a result of poverty and the urbanization of formerly nomadic
    families. There was limited government assistance to street children.
        The country is not a party to the 1980 Hague Convention on the
    Civil Aspects of International Child Abduction. For information on
    international parental child abduction, please see the Department of
    State's annual report on compliance at http://travel.state.gov/
    abduction/resources/congressreport/congressreport--4308.html.

        Anti-Semitism.--A very small number of expatriates practiced
    Judaism.

        Trafficking in Persons.--For information on trafficking in persons,
    please see the Department of State's annual Trafficking in Persons
    Report at www.state.gov/g/tip.

        Persons With Disabilities.--The law prohibits discrimination
    against persons with physical disabilities in education, employment, or
    the provision of other state services, and there were no reports of
    governmental or societal discrimination against persons with
    disabilities. Persons with disabilities generally did not have access
    to buildings, and there were no government programs to provide such
    access. The Government did not mandate preference in employment,
    education, or public accessibility for persons with disabilities,
    although it did provide some rehabilitation and other assistance for
    such persons. The MASEF oversees social reinsertion programs for
    persons with disabilities. On June 10, the Council of Ministers
    approved a decree on the organization and function of the National
    Multisectored Commission for the Promotion of Handicapped People. The
    commission was not operational by year's end.

        National/Racial/Ethnic Minorities.--Ethnic minorities faced
    governmental discrimination. The inconsistent issuance of national
    identification cards, which were required for voting, effectively
    disenfranchised many members of southern minority groups. Racial and
    cultural tension and discrimination also arose from the geographic and
    cultural divides between Moors and Afro-Mauritanians. The Moors are
    divided among numerous ethno-linguistic tribal and clan groups and
    further distinguished as either White Moor or Black Moor, although it
    was often difficult to distinguish between the two by skin color. White
    Moor tribes and clans, many of whom are dark-skinned after centuries of
    intermarriage with Berbers and sub-Saharan African groups, dominated
    positions in government and business. The Black Moors (also called
    Haratines or freed slaves) remain politically and economically weaker
    than White Moors. Afro-Mauritanian ethnic groups, which include the
    Halpulaar (the largest non-Moor group), Wolof, and Soninke, are
    concentrated in the south and urban areas. Afro-Mauritanians were
    underrepresented in the Government and military.
        The constitution designates Arabic as the official language and
    Arabic, Pulaar, Soninke, and Wolof as the country's national languages.
    The Government continued to encourage French and Arabic bilingualism
    within the school system, as opposed to previous efforts at
    ``Arabization.'' Neither the Afro-Mauritanian national languages nor
    the local Hassaniya Arabic dialect were used as languages of
    instruction. In February university riots between French-speaking Afro-
    Mauritanian and Arabic-speaking Moor students broke out after Prime
    Minister Laghdaf and the minister of culture made public comments
    stressing that Arabic is the state's official language. The controversy
    came to an end after government officials met with students to dispel
    fears about the ``Arabization'' of the educational system.
        Ethnic rivalry contributed to political divisions and tensions.
    Some political parties tended to have readily identifiable ethnic
    bases, although political coalitions among parties were increasingly
    important. Black Moors and Afro-Mauritanians continued to be
    underrepresented in mid- to high-level public and private sector jobs.
        There were numerous reports of land disputes between former slaves,
    Afro-Mauritanians, and Moors. According to human rights activists and
    press reports, local authorities allowed Moors to expropriate land
    occupied by former slaves and Afro-Mauritanians or obstruct access to
    water and pastures.
        The perpetrators in Kifa, who physically attacked the former slave
    family Ehel Brahim and wounded Fatimetou Mint Brahim and her children
    following a land dispute in August 2009, remained unpunished by year's
    end.
        Human rights NGOs reported numerous cases of heritage disputes
    between slaves or former slaves and their masters. Traditionally, slave
    masters inherited their slaves' possessions. There were no developments
    in the case of Salma Mint Jiddou, a Nouakchott widow, whose inheritance
    was claimed by her husband's owners in March 2009.
        There were no developments regarding the family of Zeinabou Mint
    Brahim, which was deprived of its inheritance by Cheikh Mohamedou Ould
    Cheikh Hamadoullah, who claimed Mint Brahim was his slave. Despite a
    2009 court ruling establishing Mint Brahim's brothers and sister as the
    rightful heirs, the authorities did not enforce the ruling by year's
    end.
        The Government's 2009 Program to Eradicate the Effects of Slavery
    continued during the year. The program's goals were to reduce poverty
    among 44,750 former slaves in the Assaba, Brakna, Gorgol, and Hodh
    Chargui regions and improve access to water, health, education, and
    income-generating opportunities. The Government also continued its
    collaborative program with the UN and a foreign donor on conflict
    prevention program aimed at promoting democratic values and the rights
    of marginalized populations, including former slaves. According to the
    NGO SOS Esclaves, these programs focused on fighting poverty and the
    effects of slavery rather than the practice of slavery itself.

        Societal Abuses, Discrimination, and Acts of Violence Based on
    Sexual Orientation and Gender Identity.--Under Sharia homosexual acts
    between males are punishable by death if witnessed by four individuals;
    however, there was no evidence of either societal violence or
    systematic government discrimination based on sexual orientation, and
    there were no criminal prosecutions during the year. There were no
    organizations advocating for sexual orientation or gender-identity
    rights, but there were no legal impediments to the operation of such
    groups.

        Other Societal Violence or Discrimination.--There was no evidence
    of systematic discrimination by either society or the Government
    against persons with HIV/AIDS; however, taboos and beliefs associated
    with the disease caused victims in some areas to face isolation or
    exclusion.
    Section 7. Worker Rights

        a. The Right of Association.--The law allows workers to form and
    join unions of their choice without authorization or excessive
    requirements, and workers exercised this right. The law also provides
    for freedom of association, and workers exercised this right in
    practice. All workers except members of the armed forces and police
    were free to associate in and establish unions at the local and
    national levels. The majority of the labor force was in the informal
    sector, with most workers engaged in subsistence agriculture and animal
    husbandry; only 25 percent were employed in regularly paid positions.
    Nearly 90 percent of industrial and commercial workers, however, were
    unionized.
        To be legally recognized, a union must have the authorization of
    the public prosecutor, who can provisionally suspend a trade union at
    the request of the Ministry of the Interior if it believes that the
    union has not complied with the law. The Government has the discretion
    to decide whether to recognize a trade union.
        The law provides workers with the right to strike, and workers
    exercised this right during the year. However, long and complex
    procedures must be followed before a legal strike can be called. The
    General Confederation of Mauritanian Workers (CGTM) led a strike of
    government employees for three days in March. According to the CGTM,
    neither the Ministry of Health nor the Ministry of Education referred
    the matter to the Ministry for the Civil Service and Labor for
    negotiation. Therefore, the CGTM grievance remained unresolved at
    year's end.
        According to the CGTM, the Government funded the participation of
    several trade union participants at the International Labor
    Organization (ILO) conference in June, but refused to fund the
    participation of CGTM and did not provide a reason for this action.
    CGTM submitted a complaint to the ILO citing discrimination due to the
    fact that the confederation was against the 2008 August coup.
        The Government can dissolve a union for what it considered an
    illegal or politically motivated strike; however, no unions were
    disbanded during the year. Workers must provide advance notice of at
    least 10 working days for any strike. Workers are not allowed to hold
    sit-ins or to block nonstriking workers from entering work premises.

        b. The Right to Organize and Bargain Collectively.--The law
    provides that unions may organize workers freely without government or
    employer interference, and workers generally exercised this right in
    practice. However, the head of government decides how negotiations are
    conducted once the Ministry for the Civil Service agrees on
    negotiations.
        Laws provide workers with protection against antiunion
    discrimination; however, national human rights groups reported that
    authorities did not actively investigate alleged antiunion practices in
    some private firms owned by very wealthy citizens.
        There are no export processing zones.

        c. Prohibition of Forced or Compulsory Labor.--The law prohibits
    forced or compulsory labor, including by children; however, men, women,
    and children were trafficked for domestic service, street begging for
    unscrupulous religious teachers, and slave-like relationships as a
    domestic servant or herder. The antislavery law criminalizes the
    practice of slavery and imposes penalties on government officials who
    do not take action on reported cases; however, no cases were prosecuted
    during the year. The Government organized training workshops about the
    law for administrative authorities and judges. Also the Program to
    Eradicate the Consequences of Slavery provides one billion ouguiya
    ($3.4 million) in development assistance to communities of former
    slaves. However, this is economically focused development assistance
    rather than social and legal enforcement of the anti-slavery law.
        Government efforts were not sufficient to enforce the antislavery
    law. No cases have been successfully prosecuted under the antislavery
    law despite the fact that de facto slavery exists in Mauritania.
        The labor code also includes criminal penalties for contracting to
    benefit from forced labor and for exploiting forced labor as part of an
    organized criminal network. Slavery-like practices, typically flowing
    from ancestral master-slave relationships and involving adults and
    children, continued in rural areas where education levels were
    generally low and a need existed for herding livestock, tending fields,
    and other manual labor.
        Forced labor also occurred in urban centers where young children,
    often girls, were retained as unpaid household servants. Some
    individuals self-identified as slaves or masters and were unaware that
    slavery had been abolished. Human rights groups reported that persons
    in slave-like relationships were persuaded by their masters to deny the
    relationship to activists.
        Voluntary servitude continued with some former slaves and
    descendants of slaves, who were victims of social discrimination and
    lacked professional skills needed for economic advancement, continued
    to work for former masters in exchange for some combination of money,
    lodging, food, or medical care. The reasons for the persistence of such
    practices varied widely among the different ethnic groups; however, a
    barter economy, poverty, and persistent drought provided few economic
    alternatives for many and left some former slaves and descendants of
    slaves vulnerable to exploitation by former masters. Adult females with
    children faced greater difficulties and could be compelled to remain in
    a condition of servitude, performing domestic duties, tending fields,
    or herding animals.
        There were reports that some former slaves continued to work for
    their former masters or others without remuneration to retain access to
    land they traditionally farmed. Although the law provides for
    distribution of land to the landless, including to former slaves, it
    has been enforced in only a few cases. NGO observers suggest that
    deeply embedded psychological and tribal bonds also made it difficult
    for many individuals, who had generations of forebearers who were
    slaves, to break their bonds with former masters or their tribes. Some
    persons continued to link themselves to former masters because they
    believed their slave status had been divinely ordained and they feared
    religious sanction if that bond were broken. Former slaves were
    subjected often to social discrimination and were limited
    professionally to performing manual labor in markets, airports, and
    water ports.
        Also see the Department of State's annual Trafficking in Persons
    Report at www.state.gov/g/tip.

        d. Prohibition of Child Labor and Minimum Age for Employment.--The
    law provides that children under the age of 12 cannot be employed for
    light work; cannot be employed in the nonagricultural sector if under
    the age of 14; and cannot be employed if under the age of 13 in the
    agricultural sector unless the minister of labor grants an exception
    due to local circumstances. However, child labor in the informal sector
    was common and a significant problem, particularly within poorer inner
    city areas. The law states that employed children between the ages of
    14 and 16 should receive 70 percent of the minimum wage and that those
    between the ages of 17 and 18 should receive 90 percent of the minimum
    wage. They should not work over eight hours a day and should have one
    or several one-hour breaks. Children are also prohibited from engaging
    in night work.
        Several reports suggested that young girls from remote regions, and
    possibly from western Mali, were forced to work as unpaid housemaids in
    some wealthy urban homes.
        An unknown number of ``talibes'' (young students), nearly all from
    Halpulaar tribes, begged in the streets as part of an arrangement with
    their ``marabouts'' (religious teachers) for receiving religious
    instruction. There were reliable reports that a small number of
    marabouts forced their talibes to beg for over 12 hours a day and
    provided them with insufficient food and shelter. The Government
    continued a program to reduce the number of talibes and partnered with
    NGOs to provide talibes with basic medical and nutritional care.
        Street gang leaders forced children to steal, beg, and sell drugs.
    There were reports that children were forced to work in agriculture,
    construction, fishing, and cattle herding. NGOs reported that slavery-
    related practices and slavery itself persisted in isolated areas of the
    country where a barter economy still prevailed and also in urban
    centers including Nouakchott.
        Young children in the countryside were commonly employed in
    herding; cultivation of subsistence crops, such as rice, millet, and
    sorghum; fishing; and other significant labor in support of their
    families' activities. Young children in urban areas often drove donkey
    carts and delivered water and building materials. In keeping with
    longstanding tradition, many children served apprenticeships in small
    industries, such as metalworking, carpentry, vehicle repair, masonry,
    and in the informal sector. Reporting by some human rights NGOs,
    including SOS Esclaves, strongly suggested that domestic employment of
    girls as young as the age of seven, often unpaid, continued to be a
    problem. There was no child labor in the modern industrial sector.
        According to the joint report for the year by the Ministry of
    Social Affairs and UNICEF, the greatest obstacle to the national
    strategy and three-year plan of action for the protection of children
    was the absence of coordination mechanisms and the lack of human and
    technical resources in the Ministry of Social Affairs, which is the
    principal agency in charge of the promotion and protection of
    children's rights.
        In addition according to the evaluation report of the National
    Poverty Reduction Strategy, the protection of children was not
    explicitly addressed within the general strategy to fight poverty, and
    a lack of financial resources hampered significant efforts.
        There was a labor inspectorate with the authority to refer
    violations directly to the appropriate judicial authorities, but the
    eight regional inspectors and 30 inspector/controllers lacked the basic
    resources, such as transport and office equipment, needed to enforce
    existing child labor and other labor laws.
        See also the Department of State's annual Trafficking in Persons
    Report at www.state.gov/g/tip.

        e. Acceptable Conditions of Work.--The nationally mandated minimum
    monthly wage for adults, which was not enforced, was 21,150 ouguiya
    ($81), and it did not provide a decent standard of living for a worker
    and family. All workers are covered by the minimum wage law. Many labor
    unions denounced modern slavery conditions in several formal sectors
    such as the food-processing industry. In these sectors, workers do not
    have contracts or pay stubs. Their salaries were below the official
    minimum wage, and they worked in very unfavorable conditions. Sometimes
    they were not paid for several months. The CGTM reported that the
    Government did not give aid or compensation to these workers during the
    year.
        The standard legal nonagricultural workweek could not exceed either
    40 hours or six days without overtime compensation, which was paid at
    rates that were graduated according to the number of supplemental hours
    worked. Domestic workers and certain other categories could work 56
    hours per week. All employees must be given at least one 24-hour period
    of rest per week. There are no legal provisions regarding compulsory
    overtime.
        The Labor Directorate of the Ministry of Labor was responsible for
    enforcement of the labor laws, but there was a lack of effective
    enforcement due to inadequate funding.
        The Government set health and safety standards. The Ministry of
    Labor was responsible for enforcing these standards, but did so
    inconsistently due to inadequate funding. In principle workers could
    remove themselves from hazardous conditions without risking loss of
    employment, but in practice they could not.

                                   __________

                                   MAURITIUS

        Mauritius is a constitutional parliamentary democracy of
    approximately 1.3 million citizens governed by a prime minister, a
    council of ministers, and a National Assembly. The Alliance of the
    Future, a coalition led by Prime Minister Navinchandra Ramgoolam, won
    the majority of National Assembly seats in the May 5 election, which
    was judged by international and local observers to be generally free
    and fair. Security forces reported to civilian authorities.
        The following human rights problems were reported: security force
    abuse of suspects and detainees; prison overcrowding; restrictions on
    media freedom; official corruption; violence and societal
    discrimination against women; abuse and sexual exploitation of
    children; some abuse based on sexual orientation; discrimination
    against persons living with HIV/AIDS; restrictions on labor rights,
    antiunion discrimination, and child labor.
                            respect for human rights
    Section 1. Respect for the Integrity of the Person, Including Freedom
            From:

        a. Arbitrary or Unlawful Deprivation of Life.--There were no
    reports that the Government or its agents committed arbitrary or
    unlawful killings during the year.
        There were no further developments regarding the lower court's May
    2009 exoneration for lack of evidence of four police officers involved
    in the 2006 death in custody of Rajesh Ramlugon; the officers were
    initially accused of abuse of authority and concealing evidence. In
    June 2009 the L'Express newspaper reported that the director of public
    prosecutions (DPP) appealed the exoneration to the Supreme Court. The
    officers remained free on bail.

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

        c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
    Punishment.--The constitution and law prohibit such practices; however,
    there continued to be reports of police abuses.
        According to media reports, on December 29, motorcyclist Wesley
    Agathe narrowly avoided hitting a plainclothes police officer, who
    allegedly had been pushed in front of Agathe's bike by five other
    plainclothes officers. Agathe stopped his motorbike to reproach the six
    plainclothes officers for the near collision and reported the incident
    to uniformed police officers who drove towards him. During the incident
    one of the six plainclothes police officers accused him of stealing a
    mobile phone and 7,000 rupees ($229). The six officers then took Agathe
    to the Pamplemousses police station and, in view of two other uniformed
    police officers at the station, beat Agathe so severely that he lost
    consciousness and sustained bruises on his face and neck. Agathe was
    subsequently released without charge. The police officers involved in
    the beating retained their positions pending an investigation.
        According to July 4 media reports, some of the 34 inmates who
    escaped from Grand River North West Prison on June 27 were observed
    with bruises and facial swelling after they were recaptured and
    transferred to the Beau Bassin Central Prison. A detainee's relative
    reported that prison guards had beaten some of the inmates.
        There were no developments in the September 2009 case of a man whom
    the police allegedly beat and sexually assaulted. The police
    investigation of the case continued during the year.

        Prison and Detention Center Conditions.--The media reported cases
    of prisoner abuse, overcrowding, and drug abuse in the country's five
    prisons. Unlike in the previous year, no data was available on the
    number of abuse complaints filed by prisoners.
        As of November 30, the Central Prison, which has a capacity of
    1,064, held 1,476 prisoners, including 138 female prisoners and 1,338
    male prisoners. Three boys and three girls were held in juvenile
    prisons. Pretrial detainees were held together with convicted
    prisoners.
        There were no developments in the February 2009 death of an inmate
    in Central Prison who died after being stabbed by another prisoner. A
    police investigation was still ongoing at year's end.
        Prisoners and detainees had access to visitors and were permitted
    religious observance. Authorities permitted prisoners and detainees to
    submit complaints to judicial authorities without censorship and to
    request investigation of credible allegations of inhumane conditions.
    Authorities investigated credible allegations of inhumane conditions
    and documented the results of such investigations in a publicly
    accessible manner. The Government investigated and monitored prison and
    detention center conditions.
        The Government permitted prison visits by independent observers,
    including the press, the National Human Rights Commission (NHRC), local
    nongovernmental organizations (NGOs), and the UN. The local NGO
    Association Kinouete also ran programs to rehabilitate prisoners.
        The country had no ombudsman to serve on behalf of prisoners and
    detainees to consider such matters as alternatives to incarceration for
    nonviolent offenders, circumstances of confinement for juvenile
    offenders, or improving pretrial detention, bail, and recordkeeping
    procedures to ensure prisoners did not serve beyond the maximum
    sentence for the charged offense.

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

        Role of the Police and Security Apparatus.--The police force is
    headed by a police commissioner who has authority over all police and
    other security forces, including the Coast Guard and Special Mobile
    Forces, a paramilitary unit that shares responsibility with police for
    internal security. The police commissioner reports directly to the
    Prime Minister's Office. Police corruption and abuse of detainees were
    problems. The Office of the Ombudsperson, the NHRC, and the Police
    Complaints Bureau investigated security force abuses.
        By October 31, the NHRC had received 26 complaints of physical or
    verbal abuse by police: nine complaints were withdrawn or dismissed for
    lack of evidence, and 17 cases remained under investigation. The NHRC
    may report cases of police abuse to the Office of the DPP.
        Orientation training for all new police recruits included a segment
    on human rights. Management-level officers were required to take a
    refresher course every five years. More than 200 police officers who
    qualified on the basis of years of experience participated in human
    rights courses during the year.

        Arrest Procedures and Treatment While in Detention.--The
    constitution and law require that arrest warrants be based on
    sufficient evidence and issued by a duly authorized official and that
    the accused be read his or her rights, including the right to remain
    silent and the right to an attorney. The law requires that suspects be
    brought before the local district magistrate within 48 hours. Police
    generally respected these rights, although police sometimes delayed
    suspects' access to defense counsel. Detainees generally had prompt
    access to family members, although minors and those who did not know
    their rights were less likely to be provided such access. Indigent
    detainees facing serious criminal charges were provided an attorney at
    state expense. A suspect can be detained for up to a week, after which
    the suspect may bring the issue of bail before a magistrate.
    Alternatively, a suspect may be released on bail the same day as an
    arrest, if police concur. Individuals charged with drug trafficking may
    be detained for up to 36 hours without access to legal counsel or bail.
        Due to a backlogged court system, approximately 20 percent of the
    prison population was in pretrial detention. Pretrial detainees
    generally remained in remand for one to two years before being tried.
    In practice judges applied time served in remand to subsequent
    sentences.

        e. Denial of Fair Public Trial.--The constitution and law provide
    for an independent judiciary, and the Government generally respected
    judicial independence in practice.

        Trial Procedures.--Defendants enjoy a presumption of innocence, and
    trials are public. Juries are only used in murder trials. Defendants
    have the right to be present and to consult an attorney in a timely
    manner. An attorney is provided at public expense when indigent
    defendants face serious criminal charges. Defendants can confront or
    question witnesses against them and present witnesses and evidence on
    their own behalf. Defendants and attorneys have access to government-
    held evidence relevant to their cases, and defendants have the right of
    appeal. These rights were respected in practice, although an extensive
    case backlog delayed the process, particularly for obtaining
    government-held evidence. The law extends the above rights to all
    citizens.

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

        Civil Judicial Procedures and Remedies.--There is an independent
    and impartial judiciary for civil matters. The law provides access to a
    court to bring lawsuits seeking damages for human rights violations.
    The constitution provides for an ombudsman to investigate complaints
    from the public and members of parliament against government
    institutions and to seek redress for injustices committed by a public
    officer or authority in official duties as an alternative to the court
    system. The ombudsman has the authority to make recommendations but
    cannot impose penalties on a government agency.

        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 and law provide
    for freedom of speech and of the press; however, at times the
    Government did not respect these rights in practice.
        Individuals could criticize the Government publicly or privately
    without reprisal.
        The independent media were active and expressed a wide variety of
    views.
        The Government owned the sole domestic television network,
    Mauritius Broadcasting Corporation (MBC) TV, and opposition parties and
    media experts regularly criticized the station for its progovernment
    bias and unfair coverage of National Assembly debates. International
    television networks were available by subscription or via a cable box.
        During the year La Sentinelle group, a media conglomerate, noted
    that since 2005 government agencies had gradually stopped buying
    advertising space in its publications after newspapers it owned
    criticized the Government. In May various government agencies cancelled
    their subscriptions to L'Express newspaper, a member of La Sentinelle
    group. At year's end the boycott was still ongoing.
        On May 27, police prevented journalists from L'Express and 5-Plus
    Dimanche newspaper, also operated by La Sentinelle group, from
    attending a news conference given by the finance minister. On May 31,
    La Sentinelle requested a Supreme Court injunction to prevent such
    action. The court heard both parties and on June 14, the attorney
    general and La Sentinelle Group signed before a Supreme Court judge an
    agreement that terminated the boycott of the group's journalists and
    photographers.
        The prime minister regularly warned the press about tougher media
    laws that were being developed.
        The Satanic Verses continued to be banned, as it has been since
    1989; however, authorities did not fine bookstores for carrying the
    book during the year.
        Officials used libel laws to suppress media criticism of political
    leaders.
        For example, on July 1, police arrested chief editor Ananda Rajoo
    of the weekly Le Nouveau Militant for libel for an August 2009 article
    questioning the Government's official statistics on the H1N1 flu
    outbreak; Rajoo was released on bail the same day. On October 7, the
    DPP dropped charges against the chief editor.
        On October 4, police arrested chief editor Dharmanand Dooharika of
    the weekly Samedi Plus for libel for a September 2009 article
    questioning the appointment of a manager in the national aviation
    company. Dooharikao was brought to court and released on bail the same
    day.
        On September 16 and 17, the University of Mauritius and the UN
    Educational, Scientific, and Cultural Organization sponsored a
    conference on press freedom.

        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. According to
    International Telecommunication Union statistics for 2009,
    approximately 23 percent of the country's inhabitants used the
    Internet.

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

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

        c. Freedom of Religion.--For a description of religious freedom,
    please see the Department of State's 2010 International Religious
    Freedom Report at www.state.gov/g/drl/irf/rpt

        d. Freedom of Movement, Internally Displaced Persons, Protection of
    Refugees, and Stateless Persons.--The constitution and law provide for
    freedom of movement within the country, foreign travel, emigration, and
    repatriation, and the Government generally respected these rights in
    practice.
        The law prohibits forced exile, and the Government did not use it.
        The Government cooperated with the Office of the UN High
    Commissioner for Refugees (UNHCR) and other humanitarian organizations
    in providing protection and assistance to refugees, asylum seekers,
    stateless persons, and other persons of concern.

        Protection of Refugees.--The country is not a party to the 1951
    Convention relating to the Status of Refugees, its 1967 Protocol, or
    the 1969 African Union Convention Governing the Specific Aspects of the
    Refugee Problem in Africa, nor do its laws provide for the granting of
    asylum or refugee status. The Government has not established a system
    for providing protection to refugees. However, in practice, the
    Government has not expelled or returned refugees to countries where
    their lives or freedom would be threatened on account of their race,
    religion, nationality, membership in a particular social group, or
    political opinion.
        The six Iraqis who in 2008 were detained for entering the country
    with fraudulent documents, granted refugee status by the UNHCR, and
    released on bail in March 2009 departed the country on January 19 for
    an evacuation transit center in Romania; the six were assisted by
    Amnesty International and the UN Development Program.
    Section 3. Respect for Political Rights: The Right of Citizens to
            Change Their Government
        The constitution and law provide citizens with the right to change
    their government peacefully, and citizens exercised this right in
    practice through periodic, free, and fair elections based on universal
    suffrage.

        Elections and Political Participation.--International and local
    observers characterized the May 5 national election as generally free
    and fair. The constitution provides for 62 National Assembly seats to
    be filled by election. It also provides for the Electoral Supervisory
    Commission to allocate up to eight additional seats to unsuccessful
    candidates from minority communities through a ``best loser system''
    (BLS). In the May 5 election, the ruling Alliance of the Future (AF),
    led by the Labor Party, won 41 parliamentary seats; the Alliance of the
    Heart (AH), led by the Mauritian Militant Movement (MMM), won 18; the
    Mouvement Rodriguais (MR) won two; and the Mauritian Solidarity Front
    won one seat. Under the BLS, the AF subsequently obtained four
    additional seats, the AH two, and the Organization for the Rodriguan
    People one seat.
        Problems noted by international observers in the May 5 election
    included unequal representation due to electoral constituencies not
    being redrawn; inability of persons who turned 18 between January 2009
    and May 2010 to vote due to use of the 2009 voters roll; lack of
    accommodation to facilitate voting for persons with disabilities; and
    lack of legal authority to provide domestic election observers. Various
    candidates also claimed that some politicians distributed gifts in
    their constituencies prior to the election and that some polling
    materials were not available in Creole, a language spoken by more than
    90 percent of the population.
        Opposition parties stated that the Government-owned television
    station MBC TV favored the ruling party. Opposition and MMM leader Paul
    Berenger claimed that MBC TV provided more airtime to and better
    picture quality of the prime minister. On April 13, MMM filed a
    complaint with the Independent Broadcasting Authority (IBA), an
    independent regulatory body, regarding airtime provided to the ruling
    party on March 31, when Prime Minister Ramgoolam announced the
    dissolution of the Government and presented the new government
    alliance. On April 15, the IBA ruled in favor of the MBC.
        The constitution requires all candidates to declare themselves as
    belonging to one of the following four ``communities'': Hindu, Muslim,
    Sino-Mauritian, or general population (all persons who do not belong to
    one of the other three categories). The BLS is based on the demographic
    makeup of the country as found in the 1972 census. However, there were
    concerns that the 1972 census results no longer reflected the country's
    demographic composition. Various political observers charged that the
    BLS undermined national unity and promoted discrimination.
        Political parties operated without restriction or outside
    interference.
        There were 13 women in the 70-seat National Assembly. Following the
    May 5 National Assembly elections, there were three female ministers in
    the 25-member cabinet. Of the 17 Supreme Court judges, seven were
    women.
        Although historically the Hindu majority dominated politics, no
    groups were excluded from the political system. In the National
    Assembly there were 37 Hindus, 21 members of the general population, 11
    Muslims, and one Sino-Mauritian. In the cabinet there were 17 Hindus,
    four Muslims, three members of the general population, and one Sino-
    Mauritian.
    Section 4. Official Corruption and Government Transparency
        The law provides criminal penalties for official corruption, but
    the Government did not implement these laws effectively. There was a
    widespread public perception of corruption in the legislative and
    executive branches. The World Bank's Worldwide Governance Indicators
    reflected that corruption was a problem.
        On December 17, police arrested Johnson Roussety, the leader of the
    Rodrigues Regional Assembly and an MR member, for traffic of influence
    in forcing a civil servant to employ 200 workers who were allegedly MR
    partisans.
        During the year the Governmental Independent Commission Against
    Corruption (ICAC) registered 73 complaints of corruption against police
    officers: 35 cases were rejected for irrelevancy, 15 cases remained
    under investigation, one case was referred to the DPP, and 22 were
    discontinued for lack of substantiation.
        The ICAC continued to investigate the following 2009 cases: the
    overpayment by the District Council of Pamplemousses-Riviere du Rempart
    of a cleaning contract and the alleged bribery by the former director
    of the National Art Gallery.
        The case of the former chairman of the Mauritius Ports Authority
    who allegedly accepted a bribe in 2006 from a Dutch dredging company
    was heard before the court on September 9 and December 9. No further
    information was available at year's end.
        Ministers of Mauritius and commissioners of the Rodrigues Island
    Regional Assembly are required to publicly disclose the assets of
    spouses, children, and grandchildren upon taking office and at the
    dissolution of the National Assembly or of the Rodrigues Regional
    Assembly.
        There is no law that provides public access to government
    information; however, members of the public may request information by
    writing to the permanent secretary of the appropriate ministry. The
    Government generally complied with requests from citizens and
    noncitizens, including foreign media.
    Section 5. Governmental Attitude Regarding International and
            Nongovernmental Investigation of Alleged Violations of Human
            Rights
        A number of domestic and international human rights groups
    generally operated without government restriction, investigating and
    publishing their findings on human rights cases. Government officials
    were often cooperative and responsive to their views. In contrast to
    the previous year, there were no reports that police harassed any NGO
    staff.
        The Government cooperated with international governmental
    organizations and permitted visits by UN representatives and other
    international organizations.
        The president appoints an ombudsman to investigate complaints
    against public servants, police officers, and prison guards. Individual
    citizens, council ministers, or members of the National Assembly may
    request that the ombudsman initiate an investigation. The ombudsman
    makes recommendations to the appropriate government office for
    injustices committed by a public officer or authority carrying out
    official duties as an alternative to filing charges in the court
    system.
        The NHRC enjoyed the Government's cooperation and operated without
    government or party interference. The NHRC had adequate resources and
    was considered effective. The Commission did not issue a report during
    the year.
        In January, as called for by a February 2009 act of parliament, the
    Truth and Justice Commission (TJC) became operational. The TJC is
    mandated to conduct inquiries into slavery and indentured labor during
    the colonial period, determine appropriate measures to be extended to
    descendants of slaves and indentured laborers, inquire into complaints
    by persons aggrieved by dispossession or prescription of land in which
    they claimed to have an interest, and prepare a comprehensive report of
    its findings. The commission did not issue a report during the year.
    Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
        The constitution and law specifically prohibit discrimination on
    the basis of race, caste, place of origin, political opinion, color,
    gender, disability, or language. While the Government generally
    enforced these provisions, some societal discrimination occurred.

        Women.--The law prohibits rape, including spousal rape, and police
    and the judicial system enforced the law; however, rape was widespread.
    The penalty for rape is 20 years' imprisonment with a fine not to
    exceed 200,000 rupees ($6,557). As of November 1, the police Family
    Support Bureau had received six reports of rape cases; no statistics on
    prosecutions were available at year's end. Many victims chose not to
    report or file charges against their attackers due to cultural
    pressures and fear of retaliation.
        The law criminalizes domestic violence; however, it was a major
    problem. Domestic violence activists stated that police did not
    effectively enforce the law. Penalties for domestic violence ranged
    from 10 years' imprisonment to 20 years' imprisonment with a fine not
    to exceed 200,000 rupees ($6,557) if aggravating circumstances were
    involved. Anyone found guilty of violating a protection order may be
    fined up to 25,000 rupees ($819) or imprisoned for up to two years. The
    local NGO SOS Femmes reported that women remained in abusive situations
    for fear of losing financial support and that few filed complaints
    against their abusers. The Ministry of Gender Equality, Child
    Development, and Family Welfare maintained an abuse hotline and a Web
    site on legal protections for victims.
        Sexual harassment was a problem, and the Government was not
    effective at enforcing prohibitions against it. The law prohibits
    sexual harassment, which is punishable by up to two years'
    imprisonment. During the year the Sex Discrimination Division of the
    NHRC received 20 complaints, of which two involved sex discrimination,
    four involved sexual harassment, and 14 involved moral harassment, a
    term used to refer to nonsexual harassment. At year's end four cases
    remained under investigation, authorities dismissed three for lack of
    evidence, plaintiffs withdrew one case, five cases were referred to
    other authorities for appropriate action, and the commission completed
    seven investigations.
        The law provides for the basic right of couples and individuals to
    decide freely and responsibly the number, spacing, and timing of their
    children, and to have the information and means to do so free from
    discrimination, coercion, and violence. Couples and individuals were
    able to access contraception and skilled attendance during childbirth,
    including essential obstetric and postpartum care. The maternal
    mortality ratio was 36 per 100,000 live births. Women were equally
    treated for sexually transmitted infections, including HIV.
        Men and women enjoy the same rights under the constitution and the
    law, and these rights were upheld in the courts. The Ministry of Gender
    Equality, Child Development and Family Welfare is mandated to promote
    the rights of women. The National Women Entrepreneur Council, a
    semiautonomous government body under the ministry, is responsible for
    promoting the economic empowerment of women.
        Women played subordinate roles in society, and societal
    discrimination continued; however, women had equal access to education,
    employment, and government services. Women had equal access to credit
    and could own or manage businesses; however, in the private sector,
    women were paid less than men for substantially similar work. The law
    criminalizes the abandonment of one's family or pregnant spouse for
    more than two months and the nonpayment of court-ordered food support.
    The law affords women broadly defined wage protections, and authorities
    generally respected the law in practice. The law protects women from
    being forced to carry loads above certain weight limits.

        Children.--Citizenship is derived by birth within the country's
    territory. All births were registered, and the law provides for late
    registration. Failure to register births resulted in denial of some
    public services.
        Child abuse was more widespread than was acknowledged publicly,
    according to NGOs. The law criminalizes certain acts compromising the
    health, security, or morality of a child. The state-funded National
    Children's Council, the Ministry of Gender Equality, Child Development,
    and Family Welfare, and the Office of the Ombudsperson for Children
    provided counseling, investigated reports of child abuse, and took
    remedial action to protect affected children. The Police Unit for the
    Protection of Minors conducted public education programs on the sexual
    abuse of minors.
        On September 13, in Richelieu, the body of seven-year-old Patricia
    Martin was found. The postmortem examination revealed that she was
    raped and burned alive. Police arrested her uncle, Marie Jose Tristan
    Casimir, on the same day. He remained in police detention at year's
    end.
        The police completed their investigation into the January 2009 case
    of a 15-year-old boy from Rodrigues Island who filed a complaint of an
    indecent act against a foreign citizen with permanent resident status.
    The case was referred to the DPP.
        There were no updates available in the following 2008 cases of
    child abuse: the January arrest of a foreign resident for sexually
    exploiting a 12-year-old girl with the consent of her aunt and uncle;
    the June arrest of a woman for sexually exploiting a 13-year-old girl;
    and the July arrest of three men for sexually exploiting a 12-year-old
    girl.
        Child prostitution was a problem, and the Government targeted the
    practice as a law enforcement and prevention priority. The law
    prohibits child prostitution and child pornography and provides for a
    maximum penalty of 15 years' imprisonment for child trafficking. The
    minimum age for consensual sex is 16 years. Any person found guilty of
    statutory rape may face a sentence of up to 20 years' imprisonment and
    a fine not exceeding 100,000 rupees ($3,278).
        The Government assisted victims of child abuse by offering
    counseling at a drop-in center in Port Louis and referring victims to
    government-supported NGO shelters. Both medical treatment and
    psychological support were available at public clinics and NGO centers.
    For example, the national Children's Council operated a daycare center
    in Baie du Tombeau to help single mothers and abused children find
    employment.
        Mauritius is a party to the 1980 Hague Convention on the Civil
    Aspects of International Child Abduction. For information on
    international parental child abduction, please see the Department of
    State's annual report on compliance at http://travel.state.gov/
    abduction/resources/congressreport/congressreport--4308.html.

        Anti-Semitism.--Approximately 120 Jews resided in the country.
    There were no reports of anti-Semitic acts during the year.

        Trafficking in Persons.--For information on trafficking in persons,
    please see the Department of State's annual Trafficking in Persons
    Report at http://www.state.gov/g/tip

        Persons With Disabilities.--The law prohibits discrimination
    against persons with physical, sensory, intellectual, and mental
    disabilities in employment, education, access to health care, or the
    provision of other state services. The Training and Employment of
    Disabled Persons Board effectively enforced the law. The law requires
    that buildings be accessible for persons with disabilities; however,
    many older buildings remained inaccessible. The law requires
    organizations employing more than 35 persons to set aside at least 3
    percent of their positions for persons with disabilities, and the
    Government enforced this law. The Government effectively implemented
    programs to ensure that persons with disabilities had access to
    information and communications. The state-run television station aired
    a weekly news program for persons with disabilities. The Government
    does not restrict the right of persons with disabilities to vote or
    participate in civic activities; however, during the May 5 legislative
    elections, private radio stations reported that a few such persons were
    not able to vote because the polling stations were not accessible.

        Societal Abuses, Discrimination, and Acts of Violence Based on
    Sexual Orientation and Gender Identity.--The law does not criminalize
    homosexuality; however, it criminalizes the act of sodomy, and this
    prohibition is equally applied to gay, lesbian and heterosexual
    couples.
        Lesbian, gay, bisexual, and transgender victims of verbal abuse or
    violence within the family reported such incidents to local NGO
    Collectif Arc en Ciel; however, victims refused to file complaints with
    police for fear of reprisal.
        On September 14, the daily L'Express reported that a group of young
    men assaulted a gay man by throwing a rock at him. The victim, who
    suffered a leg fracture, filed a complaint against his assailants. A
    police investigation was ongoing at year's end.
        At year's end there were no reports of governmental or societal
    discrimination based on sexual orientation in employment and
    occupation, housing, statelessness, or access to education or heath
    care.

        Other Societal Violence or Discrimination.--The law provides that
    persons living with HIV/AIDS be free from stigmatization and
    discrimination; however, there were reports of discrimination against
    such persons and their relatives.
        Unlike in the previous year, there were no reports that HIV-
    positive detainees at the Central Prison were forced to wear yellow
    badges so that they could be easily identified during routine medical
    checkups.
        During the year the local NGO PILS recorded six cases of
    discrimination against HIV/AIDS patients and their relatives. Unlike in
    the previous year, there were no reports of denial of access to public
    health care services; however, PILS reported that breach of
    confidentiality regarding HIV/AIDS patients' medical records in public
    hospitals remained a problem.
        In August 2009 Le Mauricien newspaper reported that four police
    officers verbally and physically abused a Vivre+ social worker
    collecting for charity on the streets. During the incident the officers
    also revealed the NGO worker's HIV status to onlookers. The NGO worker
    filed a complaint with the Police Complaints Investigation Bureau;
    however, no action was taken against the four police officers.
    Section 7. Worker Rights

        a. The Right of Association.--The constitution and law provide for
    the right of workers, including foreign workers, to form and join
    unions of their choice without previous authorization or excessive
    requirements, and workers exercised this right in practice. With the
    exception of police, the Special Mobile Force, and persons in
    government services who were not executive officials, workers were free
    to form and join unions and to organize in all sectors, including in
    the Export Oriented Enterprises (EOE), formerly known as the Export
    Processing Zone; however, the law grants authorities the right to
    cancel a union's registration if it fails to comply with certain legal
    obligations. The law provides for a commission to investigate and
    mediate labor disputes and a program to provide unemployment benefits
    and job training.
        The law allows unions to conduct their activities without
    government interference and provides for the right to strike; however,
    it also establishes a required process for declaring a legal strike.
    This process calls for labor disputes to be reported to the Commission
    for Conciliation and Mediation (CCM) only after meaningful negotiations
    have occurred and a deadlock has been reached between the parties
    involved, a process that is not to exceed 90 days unless the parties
    involved agree. Once deadlock has been reported to the CCM, the
    commission has 30 days to resolve the dispute, or longer if both
    parties agree. If the dispute is not resolved at the commission level,
    parties can take the dispute to the Tribunal for Voluntary Arbitration
    (TVA) for settlement or go on strike within 45 days, provided the union
    has given the labor minister 10 days notice of the upcoming strike. The
    prime minister may petition the Supreme Court to prohibit the
    continuation of a strike deemed a danger to the life, health, or
    personal safety of the population. The prime minister may also apply to
    the TVA for the establishment of a minimum service if such service does
    not exist.
        Worker participation in an unlawful strike is sufficient grounds
    for dismissal, but workers may seek remedy in court if they believe
    that their dismissals were unjustified. On January 14, authorities
    reportedly deported 62 foreign workers who participated in illegal
    strikes.

        b. The Right to Organize and Bargain Collectively.--The law
    protects collective bargaining, and workers exercised this right. The
    National Remuneration Board (NRB), whose chairman is appointed by the
    minister of labor, set minimum wages for nonmanagerial workers,
    although most unions collectively negotiated wages higher than those
    set by the NRB.
        The law prohibits antiunion discrimination; however, the Government
    did not always respect this right.
        On August 25, the Government-owned MBC suspended trade unionist
    Rehana Ameer for allegedly sending an anonymous letter to MBC employees
    criticizing management practices. On December 3, MBC dismissed Ameer
    for allegedly authoring the letter and for speaking to the media about
    her suspension. Ameer claimed that she was suspended as a result of her
    trade union activities. Since 2008 four MBC trade union activists were
    suspended or dismissed.
        The law does not provide for the reinstatement of dismissed
    employees; however, employees can resort to the Industrial Relations
    Court to seek redress.
        National labor laws cover workers in the EOE; however, EOE-specific
    labor laws authorize longer working hours, including 10 hours per week
    of mandatory paid overtime at a higher wage than for ordinary working
    hours. Some employers reportedly established employer-controlled work
    councils for EOE workers, effectively blocking union efforts to
    organize at the enterprise level. Approximately 59,000 persons worked
    in the EOE; only 10 percent belonged to unions.

        c. Prohibition of Forced or Compulsory Labor.--The law prohibits
    forced or compulsory labor, including by children; however, child labor
    occurred in the informal sector or in shops. There was no report of
    forced child labor during the year.

        d. Prohibition of Child Labor and Minimum Age for Employment.--The
    law prohibits the employment of children below 16 years of age and
    prohibits the employment of children between 16 and 18 years old in
    work that is dangerous, unhealthy, or otherwise unsuitable for young
    persons. While the Government generally respected this law, child labor
    occurred. According to the law, the penalties for employing a child are
    a fine of no more than 10,000 rupees ($328) and imprisonment not to
    exceed one year.
        Children worked in the informal sector as street traders, in small
    businesses, in restaurants, in agriculture, and in small apparel
    workshops.
        The Ministry of Labor, Industrial Relations, and Employment (MOL)
    is responsible for the enforcement of child labor laws and employed 45
    inspectors to conduct frequent inspections.
        The MOL developed vocational training programs to prevent
    employment of underage children and conducted programs to identify
    street children.

        e. Acceptable Conditions of Work.--The Government established
    minimum wages, which varied by sector, and mandated that the minimum
    wage rise each year based on the inflation rate. The minimum wage for
    an unskilled domestic worker in the EOE was approximately 607 rupees
    ($20) per week, while the minimum wage for an unskilled domestic
    factory worker outside the EOE was approximately 794 rupees ($26) per
    week. Although these wages did not provide a decent standard of living
    for a worker and family, the actual market wage for most workers was
    much higher due to a labor shortage and collective bargaining. The MOL
    effectively enforced the minimum wage law.
        The standard legal workweek in the EOE was 45 hours. According to
    the Mauritius Labor Congress, 10 hours of overtime a week is mandatory
    at certain textile factories in the EOE. By law no worker can be forced
    to work more than eight hours a day, six days a week. Those who work
    more than their stipulated hours must be remunerated at one and a half
    times the normal salary. Those who work during their stipulated hours
    on public holidays are remunerated at double their normal salary. For
    industrial positions, workers are not permitted to work more than 10
    hours a day. If the worker has worked until or past 10 p.m., the
    employer cannot require work to resume until at least 11 hours have
    elapsed. These standards were generally enforced for both foreign and
    domestic workers. Unions have reported cases of underpayment for
    overtime in the textile and apparel industries due to differences in
    existing legislation and remuneration orders for the calculation of
    overtime hours. The law provides that in such cases the MOL is required
    to investigate, and employers are encouraged to take remedial actions,
    failing which a court action is initiated.
        On February 22, police reportedly freed three Bangladeshi workers
    who alleged that their employer had confined them to their dormitories
    for a few hours following an argument regarding unsanitary conditions
    in their dormitory. One of the workers alleged that the employer beat
    him daily.
        The Government set health and safety standards, and MOL officials
    inspected working conditions; however, the inadequate number of
    inspectors limited the Government's enforcement ability. Voluntary
    employer compliance with safety regulations helped reduce the number of
    occupational accidents. There were reports of foreign workers living in
    dormitories with unsanitary conditions. Workers had the right to remove
    themselves from dangerous situations without jeopardizing their
    continued employment, and they did so in practice.

                                   __________

                                   MOZAMBIQUE

        Mozambique has a democratic constitution and an estimated
    population of 22.4 million. President Armando Guebuza was reelected in
    October 2009 in a contest criticized by several national and
    international observers, including the EU and the Commonwealth, as
    lacking a ``level playing field'' and faulted for lacking transparency,
    integrity, impartiality, and independence. Domestic and foreign
    observer groups and local civil society expressed concern over the
    electoral procedures that preceded the balloting, particularly the
    exclusion of six of nine presidential candidates and disqualification
    of one opposition party's parliamentary candidates from seven of 11
    provinces. Freedom House has since removed the country from its list of
    electoral democracies. There were instances in which elements of the
    security forces acted independently of civilian control.
        Incidents of serious human rights abuses, including vigilante
    killings, occurred during the year. Security forces continued to commit
    unlawful killings. Prison conditions remained harsh and life
    threatening, resulting in several deaths. Arbitrary arrest and
    detention, as well as lengthy pretrial detention, were problems. An
    understaffed and inadequately trained judiciary was inefficient and
    influenced by the ruling party. Political and judicial decisions
    involving independent media outlets constrained press freedom. Societal
    problems including domestic violence, discrimination against women,
    abuse, exploitation, and forced labor of children, trafficking in women
    and children, and discrimination against persons with HIV/AIDS remained
    widespread.
                            respect for human rights
    Section 1. Respect for 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,
    human rights activists and domestic media sources reported that
    security forces arbitrarily killed some persons during the year,
    including at least 13 during the violent protests on September 1 and 2.
        According to a 2010 report by international nongovernmental
    organization (NGO) Amnesty International (AI), police were responsible
    for a number of human rights violations, including extrajudicial
    executions, excessive use of force sometimes resulting in death,
    arbitrary arrests and detentions, as well as torture and other cruel,
    inhuman and degrading treatment and deaths in custody. In the majority
    of cases no investigations were carried out, and police officers were
    not disciplined. AI noted that victims and/or their families did not
    receive any information and were left without remedies or justice.
        Examples of arbitrary or unlawful killing by police included:
        On March 29, a Maputo police officer shot and killed a citizen
    after a verbal altercation. There were no further developments by
    year's end.
        On April 9, a police officer in Beira was detained for killing a
    civilian. The investigation was ongoing at year's end.
        On September 7, a Matola police officer shot and killed an unarmed
    person alleged to have stolen a chicken. There were no further
    developments by year's end.
        There were no further developments in the September 2009 killing of
    a man by police for stealing a vehicle's side mirror.
        High levels of crime in and around Maputo City and continued
    violence against police by criminal gangs were likely factors in the
    number of unlawful killings committed by security forces. During the
    year 10 police officers in Maputo City were killed; gangs were
    suspected in each case.
        There was no further information available in the following 2008
    cases: the February killing of five persons in Maputo and at least one
    other person in Chokwe who were protesting increases in the cost of
    living, and the August shooting death of a person in Maputo by a police
    officer during a personal dispute.
        There were a few reports of death resulting from police abuse. For
    example, in May eight prison guards in Gaza Province tied up and beat
    to death a prisoner in Mabalane Prison. The Ministry of Justice
    conducted an investigation, and the guards were suspended. No charges
    had been filed by year's end.
        Killings by vigilante groups continued to be a problem. For
    example, there were 14 reported lynchings in the city of Beira and nine
    lynchings in the city of Manica during the year. While the Government
    strongly condemned the killings, it was unable to identify the
    perpetrators and bring them to justice. The League of Human Rights
    (LDH) and other civil society groups claimed these killings were
    related to the increased cost of living, high unemployment rates,
    sustained high levels of crime, lack of police presence in outlying
    metropolitan neighborhoods, and an ineffective justice system. Most
    targets of such killings were suspected muggers, thieves, sexual
    abusers, and drug dealers.
        There were no developments in the 2009 and 2008 deaths of several
    persons at the hands of vigilante groups in Chimoio, Maputo, Matola,
    and Chokwe districts, including the death of three Mozambican Red Cross
    volunteers in Quinga accused of causing an outbreak of cholera (whose
    teams were using chlorine to purify water; cholera and chlorine are
    similar words in Portuguese) and the burning to death of a 13-year-old
    boy in Beira for stealing ducks.

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

        c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
    Punishment.--While the constitution and law prohibit such practices,
    police frequently used excessive force and harsh physical abuse when
    apprehending, interrogating, and detaining criminal suspects and
    prisoners. During the year human rights advocates and the media
    reported occurrences of torture and other cruel treatment, including
    several cases involving sexual abuse of women, beatings, and prolonged
    detention.
        In March an LDH visit to Maputo's maximum security prison (Machava)
    confirmed numerous incidents of guards physically abusing prisoners.
    The LDH found that guards handcuffed prisoners to trees and then
    flogged them. The prison authorities later confirmed nine prisoners had
    been abused in this manner. Two prison guards were suspended and
    criminally charged for the abuse. In May the minister of justice
    suspended both the management and the guard commander of the prison. As
    a result of LDH's report, the minister of justice ordered a full
    inquiry into the Machava Prison incident and personally made visits to
    several of the region's prisons to assess the conditions. After finding
    abuses, the ministry and the LDH created a joint declaration on prison
    reform and established a Prison Reform Group responsible for making
    changes to the prison system.
        There were also reports of similar severe beatings at several other
    prisons; in May, one death resulted from these beatings at Mabalane
    Prison in Gaza Province. After an investigation by the Ministry of
    Justice, one prison guard was suspended but not criminally charged.
        There were no further developments in the March 2009 suffocation
    deaths of 13 prisoners in an overcrowded cell in Mogincual.
        Unlike the previous year, there were no reports that excessive use
    of force by police resulted in death and injuries to strikers.

        Prison and Detention Center Conditions.--Prison conditions remained
    harsh and potentially life threatening; overcrowding, inadequate
    nutrition, substandard sanitation, poor health facilities, and prisons
    in poor physical condition remained serious problems.
        The Administration for Prison Services, under the Ministry of
    Justice, operated 184 prisons in 10 provinces. The Ministry of Interior
    and the police are responsible for jails at police stations. During the
    year there were 14,936 prisoners, approximately 66 percent of whom had
    been convicted and the rest awaiting trial. The National Prisons
    Service spends approximately 3,600 meticais ($105) per month to house,
    feed, clothe, educate, and provide medical care for each prisoner.
        Overcrowding remained the most serious problem. During the year the
    LDH noted once again that many prisons held more than three times the
    number of prisoners for which they were built and that often prisoners
    slept in bathrooms, standing up, or in shifts.
        For example, as of August Maputo Central Prison held 2,695
    prisoners in a facility designed to hold 800, and the Nampula
    Provincial Jail held 401 prisoners in a facility for 100.
        In August the director general of prisons was replaced due to his
    failure to alleviate the overcrowding problem in the prisons.
        During the year the LDH made numerous visits to prisons and
    detention facilities. Based on those visits, the LDH continued to note
    the following conditions in the prisons: harsh detention, inadequate
    food, poor hygiene, overcrowding, adults and juveniles held together,
    prisoners kept beyond their sentences, and the LDH stated that many
    facilities were ``physically inadequate.''
        Reports continued that most prisoners received only one meal a day.
    In many cases prison officials were not able to provide even basic food
    to the prison population. In the prisons visited, the LDH characterized
    the provision of food as ``poor,'' consisting mainly of corn meal and
    beans. It was customary for families to bring food to prisoners;
    however, there continued to be occasional reports that guards demanded
    bribes in exchange for delivering food to prisoners. In several prisons
    inmates engaged in prostitution in exchange for food, according to the
    LDH. According to the UN Interregional Crime and Justice Research
    Institute (UNICRI), 10 percent of juvenile offenders were women, and
    some juveniles had been held with adult populations in pretrial
    detention for as long as nine months. Juveniles were also intermixed
    with adults in the general prison population.
        The LDH found malaria, tuberculosis, and HIV/AIDS to be commonplace
    among prisoners in nearly all prisons. The LDH also found other
    illnesses caused by malnutrition, including paralysis and blindness.
    Both healthy and sick prisoners regularly were kept in the same cells.
    Provisions for sanitation, ventilation, temperature, lighting, basic
    and emergency medical care and access to potable water were inadequate.
        In July an inmate gave birth inside the Ndlavela Jail, in the city
    of Matola in Maputo Province, because the prison had no vehicle for the
    transportation of personnel or inmates to health facilities.
        According to the LDH and confirmed by a report issued by the
    UNICRI, pretrial detainees were held with convicted prisoners.
        There continued to be many reported deaths in prison, the vast
    majority due to illness and disease, at rates much higher than the
    general population. During the first four months of the year, at least
    nine prisoners in Nampula's jail had died of tuberculosis.
        International and domestic human rights groups had access to
    prisoners, although at the discretion of Ministries of Justice and
    Interior. The LDH reported no problems obtaining credentials to visit
    prisons. Moreover LDH president and founder Maria Alice Mabota
    announced in 2009 that the LDH had entered into a memorandum of
    understanding with the Ministry of Justice allowing it to visit prisons
    unannounced. The LDH confirmed these visitation rights continued during
    the year. The LDH agreed to provide to the ministry any reports it
    planned to issue but would be free to publish its own independent
    findings.
        Prisoners generally were allowed access to visitors and permitted
    religious observances. On several occasions during the year, prisoners
    and detainees submitted complaints about their treatment to
    authorities; such complaints were also reported in the local press. The
    Ministry of Justice investigated a number of these complaints in
    Machava and Gaza prisons, resulting in changes in procedures and
    disciplining of personnel.
        Following reports of beatings and killings of prisoners at Machava
    Prison in March, Ministry of Justice officials announced investigations
    of conditions, and publicly criticized prison officials and prison
    conditions. The officials acknowledged serious mistreatment of
    prisoners had occurred, and several senior officials in the prison
    service were either administratively disciplined or dismissed.
        The Ministry of Justice and prison service acknowledged during the
    year that pretrial detention, bail, and recordkeeping procedures were
    inadequate and announced efforts to improve their systems and lessen
    the possibility of prisoners serving time in excess of their sentences
    or maximum legal detention periods.

        d. Arbitrary Arrest or Detention.--While the constitution and law
    prohibit arbitrary arrest and detention, both practices continued to
    occur.

        Role of the Police and Security Apparatus.--Forces under the
    Ministry of Interior, including the Criminal Investigative Police
    (PIC), the national police (PRM), and the Rapid Intervention Force
    (FIR), are responsible for internal security. An additional security
    body, the State Information and Security Service, reports directly to
    the president. The Casa Militar (Presidential Guard) provides security
    for the president. The armed forces are responsible for external
    security.
        Police routinely removed their identification at checkpoints after
    dark and refused to identify themselves or their police precincts.
        For example, the following incidents involving police occurred: (1)
    on January 15, two police officers in Nampula robbed an armored car;
    (2) on April 11, eight police officers in Zambezia were dismissed after
    being convicted of crimes; (3) on February 3, a total of 16 police
    officers in Sofala were dismissed due to criminal acts; and (4) on
    March 30, three recent police graduates in Manica were arrested for
    breaking and entering a local residence.
        The most common reasons for disciplinary action, according to
    Maputo's police chief, were collaboration with criminals, extortion of
    goods and money, excessive alcohol consumption, and abandonment of
    post. In May 2009 police officials told AI that 356 police officers had
    been disciplined since 2005 for breaching disciplinary regulations. Of
    these, 108 were expelled from the police force, and 37 were convicted
    of criminal offenses. AI stated, however, police discipline was
    inadequate and prosecution rare.
        Implementation of the 2003-12 strategic plan of action and
    modernization for the PRM continued; seven of its nine ``guiding
    principles'' reflected respect for human rights. While the plan
    acknowledged the problem of abuse of police powers, it made no specific
    provision for ensuring greater accountability for such abuses.

        Arrest Procedures and Treatment While in Detention.--Although the
    law provides that persons be arrested with warrants issued by a judge
    or prosecutor (except persons caught in the act of committing a crime),
    police continued to arrest and detain citizens arbitrarily. By law the
    maximum length of investigative detention without a warrant is 48
    hours, during which time a detainee has the right to judicial review of
    the case. The individual may be detained another 90 days while the PIC
    continues its investigation. When a person is accused of a crime
    carrying a sentence of more than eight years, the individual may be
    detained up to an additional 84 days without being charged formally.
    With court approval, such detainees may be held for two more periods of
    84 days each without charge while the police complete their
    investigation. The law provides that when the prescribed period for
    investigation has been completed and no charges have been brought, the
    detainee must be released. In many cases the authorities either were
    unaware of these regulations or ignored them, often also ignoring a
    detainee's constitutional right to counsel and to contact relatives or
    friends. The law provides that citizens have access to the courts as
    well as the right to representation, regardless of ability to pay for
    such services. However, due to a shortage of legal professionals,
    indigent defendants frequently had no legal representation.
        The bail system remained poorly defined. Prisoners, their families,
    and NGOs continued to complain that police and prison officials
    demanded bribes for releasing prisoners.
        Excessively long pretrial detention continued to be a serious
    problem, due in part to an inadequate number of judges and prosecutors
    and poor communication among authorities. Approximately 34 percent of
    the inmates were in pretrial detention. In many cases authorities held
    inmates in the prison system for more than three years before their
    trials began. Media reported a case of one pretrial detainee in a
    Maputo prison who had been waiting for more than five years for his
    trial to begin.

        e. Denial of Fair Public Trial.--The constitution and law provide
    for an independent judiciary; however, according to civil society
    groups, the executive branch and the ruling Front for the Liberation of
    Mozambique (Frelimo) heavily influenced an understaffed and
    inadequately trained judiciary, particularly in the lower tiers. The
    judicial system continued to suffer from a lack of transparency and
    often did not comply with the principles of promotion and protection of
    human rights.
        Intermediate appeals court and district court judges may rule on
    criminal cases with penalties ranging between eight and 12 years'
    imprisonment. Alternative measures such as work brigades, conditional
    release for prisoners who have completed half of their sentences, and
    traveling tribunals continued to be employed.

        Trial Procedures.--Persons accused of crimes against the Government
    are tried publicly in regular civilian courts under standard criminal
    judicial procedures. Members of the media may attend trials, although
    space limitations excluded the general public. A judge may order a
    trial closed to the media in the interest of national security or to
    protect the privacy of the plaintiff in a sexual assault case. Article
    12 of the judicial organization law ``prohibits the production and
    public transmission of images and sounds at trials.'' There is no trial
    by jury.
        In regular courts accused persons are presumed innocent and have
    the right to legal counsel and appeal; however, authorities did not
    always respect these rights. Although the law specifically provides for
    public defenders for the accused, such assistance generally was not
    available in practice, particularly in rural areas. In some instances
    prisoners were required to pay their legal aid attorneys to persuade
    them to provide ``free'' legal assistance.
        The Mozambican Legal Aid Institute, an organization under the
    Ministry of Justice, worked to ensure that accused persons were
    provided with court-appointed legal counsel if requested. However, due
    to a lack of trained lawyers, this was rarely possible. The LDH
    reported that most citizens remained unaware of this right, and many
    had no access to legal counsel. Some NGOs offered limited legal counsel
    at little or no cost to both defendants and prisoners. Only judges or
    lawyers may confront or question witnesses, although all citizens have
    a right to self-defense. As such, they are allowed to present witnesses
    and evidence on their own behalf and have access to government-held
    evidence.
        Outside the formal court system, local customary courts and
    traditional authority figures often adjudicated matters such as estate
    and divorce cases. Local arbiters with no formal training presided at
    customary courts.

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

        Civil Judicial Procedures and Remedies.--While the law provides for
    an independent and impartial judiciary in civil matters, in practice
    the judiciary was subject to political interference. Although in theory
    citizens have access to courts to bring lawsuits seeking damages for,
    or cessation of, human rights violations, in practice this did not
    occur.

        f. Arbitrary Interference With Privacy, Family, Home, or
    Correspondence.--The constitution and law prohibit such actions, and
    the Government generally respected these prohibitions in practice.
    However, opposition party members alleged that government intelligence
    services and ruling party activists continued without warrants to
    monitor telephone calls and e-mails, conduct surveillance of their
    offices, follow opposition members, use informants, and disrupt party
    activities in certain areas, including in Gaza and Zambezia provinces.
        By law police are required to be in possession of a warrant to
    enter homes and businesses, but this practice was not always followed.
    Section 2. Respect for Civil Liberties, Including:

        a. Freedom of Speech and Press.--The constitution and statutes
    provide for freedom of speech and of the press and the Government
    generally respected these rights in practice. Individuals can generally
    criticize the Government publicly or privately without reprisal;
    however, some persons expressed fear that the Government monitored
    their private telephone and e-mail communications. Some journalists
    reported receiving anonymous threats. In response to the violent
    protests which occurred on September 1 and 2, the Government disabled
    the local cell phone-texting system, the protesters' primary method of
    communication, and subsequently required that all purchasers and owners
    of prepaid cell phones register with cell service providers.
        On February 10, the Media Institute for Southern Africa (MISA)
    reported that despite the press freedom guarantees in the constitution
    and the 1991 Press Law, other legislation inhibits the media. For
    example, a clause in the law on crimes against state security treats
    libel against the president, prime minister, and other senior political
    and judicial figures as a security offense.
        On February 10 and other occasions, the press reported that
    journalists attempting to interview opposition leader Afonso Dhlakama
    were threatened, harassed, and intimidated by members of the national
    police (PRM) stationed outside his residence.
        On March 15, Escorpiao reported the Gondola district police
    commander in Manica Province threatened the local MISA president and
    other journalists for printing unflattering reports about him.
        On May 20, Salomao Moyana, editor of Magazine Independente (MI),
    reported receiving death threats. Also in May a MISA-Mozambique report
    cited frequent anonymous threats to journalists.
        During the civil unrest of September 1-2, some officials accused
    local independent television station STV of giving the demonstrators
    excessive coverage. For several hours, SOICO Televisao (STV) and the
    Government station Televisao de Mocambique (TVM) halted coverage of the
    demonstrations, reportedly at the behest of government officials.
        By some estimates newspapers reached approximately one million of
    the country's 22.4 million citizens. The print media was published
    exclusively in the Portuguese language and was thus not accessible to a
    majority of the population. The Government maintained majority
    ownership of Noticias, the main newspaper and one of three dailies with
    nationwide distribution. Noticias, Diario de Mocambique, and the weekly
    Domingo largely mirrored the views of the ruling party. O Pais and
    Savana, among others, reported news items critical of government
    policies.
        Some journalists reported self-censorship amongst media
    practitioners and were hesitant to report on sensitive topics. Some
    media officials believed a connection existed between critical
    reporting and cancellation of government and ruling party advertising
    contracts. The largest advertising revenue streams for local media come
    from government ministries and state-controlled businesses.
        International media were allowed to operate freely.
        Numerous private community and regional radio stations operated
    throughout the country. Radio Mocambique, which received 60 percent of
    its operating budget from the Government, was the most influential
    media service with the largest audience. Although it broadcast debates
    on important issues, Radio Mocambique tended to invite participants who
    were less critical of the Government.
        The Government supplied more than half of the operating budget of
    TVM, the television station that contends with STV for the largest
    viewership. TVM's news coverage demonstrated a bias favoring the
    incumbent government and ruling party Frelimo.

        Internet Freedom.--Internet access was modest, and online
    communications did not play a significant role. Although there were no
    government restrictions on access to the Internet, opposition party
    members reported that government intelligence agents monitored e-mail.
    There were no confirmed instances of the Government attempting to
    collect personally identifiable information of a person. Individuals
    and groups could engage in the peaceful expression of views via the
    Internet, including by e-mail and through political blogs, as well as
    small-scale use of social media. While public access to the Internet
    continued to expand, particularly in the larger cities, lack of
    infrastructure in rural areas and installation costs limited overall
    use. Cell phones were widely available and frequently used, including
    for text messaging. According to International Telecommunication Union
    statistics for 2008, approximately 1.5 percent of the country's
    inhabitants used the Internet.

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

        b. Freedom of Peaceful Assembly and Association.--Freedom of
    Assembly.--The constitution and law provide for freedom of assembly.
    Although the Government generally respected this right in practice, in
    August police stopped a demonstration called by war veterans demanding
    better living conditions and jailed its leader, whom they subsequently
    released.
        In September demonstrators in several cities protested price
    increases on basic foodstuffs, water, and energy. Some erected
    barricades, burned tires, set cars on fire, threw stones at passing
    motorists, looted stores, and vandalized government offices, including
    power purchase outlets. Police used tear gas, rubber bullets, and live
    ammunition, and shot and killed between 13 and 18 persons in Maputo and
    Matola; several hundred others were also injured. Several dead and
    wounded were also reported in the central provinces of Manica and
    Sofala. AI called upon the Government to cease the use of live
    ammunition, and several local human rights groups criticized the
    Government for improper use of deadly force, as well as poor tactics,
    untrained personnel, and lack of preparation. The Center for Public
    Integrity (CIP) called the police ``unprepared, ill-trained and
    corrupt.'' There were no further developments by year's end. However,
    on October 12, President Guebuza announced the transfer of Interior
    Minister Pacheco to the post of minister of agriculture.

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

        c. Freedom of Religion.--For a description of religious freedom,
    please see the 2010 International Religious Freedom Report at
    www.state.gov/g/drl/rls/irf/rpt.

        d. Freedom of Movement, Internally Displaced Persons, Protection of
    Refugees, and Stateless Persons.--While the law provides for freedom of
    movement within the country, foreign travel, emigration, and
    repatriation, the Government sometimes infringed upon these rights in
    practice.
        Traffic checkpoints are under the jurisdiction of traffic police.
    Checkpoints occasionally affected freedom of movement, and according to
    press reports, authorities often abused and demanded bribes from
    citizens at them. Police sometimes stopped foreigners and ordered them
    to present original passports or resident papers, refused to accept
    notarized copies, and fined or detained those who failed to show proper
    documents. Police also routinely harassed, detained, and extorted
    bribes from local citizens for failure to carry identity papers.
        The Government respected the law forbidding forced exile.

        Protection of Refugees.--The law provides for the granting of
    asylum or refugee status, 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 on account
    of their race, religion, nationality, membership in a particular social
    group, or political opinion. The Government cooperated with the UN High
    Commissioner for Refugees (UNHCR) and other humanitarian organizations
    in assisting several thousand recognized refugees and asylum seekers.
        The Government continued to work closely with the UNHCR to
    implement a local integration program for refugees, primarily from
    Somalia, Ethiopia and the Great Lakes region, at the Maratane camp in
    Nampula Province.
        The Government provided modest assistance to Zimbabwean citizens
    crossing the border into the country. However, it considered
    Zimbabweans as economic migrants and supported a role for the UNHCR in
    providing assistance and protection to this group.
        The Government allows refugee movement within the country. Refugees
    must formally request authorization to move outside the geographic
    region in which they have been registered, but they are free to settle
    elsewhere in the country.
    Section 3. Respect for Political Rights: The Right of Citizens to
            Change Their Government
        The constitution and law provide citizens the right to change their
    government peacefully, and citizens exercised this right in practice
    through periodic elections held on the basis of universal suffrage.

        Elections and Political Participation.--In November 2009 the
    National Elections Commission (CNE) announced that Armando Guebuza of
    the ruling Frelimo party had been elected president in the October
    multiparty general elections. While domestic and international
    observers noted that voting day procedures generally followed
    international norms, they also documented irregularities during voter
    registration, the campaign, and in the vote count. Frelimo used
    significant state funds and resources for campaign purposes, in
    violation of electoral law.
        The main opposition parties, Renamo and Democratic Movement of
    Mozambique (MDM), complained of election fraud and noted Frelimo
    agitators and provocateurs routinely disrupted campaign stops, drowning
    out speakers and candidates by revving motors, playing instruments,
    shouting, and occasionally throwing stones. They alleged local
    authorities failed to respond to such provocative acts and that Frelimo
    candidates suffered no such impediments during their campaigns.
    Opposition parties also accused Frelimo of using state funds and
    resources for campaign purposes, in violation of electoral law, as was
    corroborated by independent reporting.
        The Electoral Institute for Southern Africa (EISA) questioned the
    transparency, integrity, impartiality, and independence of the CNE.
    EISA noted that improvements were required to ``level the playing
    field, afford equal opportunity to all, and improve the transparency of
    the electoral process.'' The CNE disqualified several political parties
    and candidates from participating in legislative elections. The MDM,
    for example, was stricken from nine of 13 legislative districts. The
    CNE's action, which included backdating documents and other
    questionable acts, provoked protests from the diplomatic community,
    objections by civil society, and extensive commentary in the media.
    Also the Constitutional Council (CC) disqualified six of nine
    presidential candidates for application irregularities. In
    contravention of law and its own past practice, the CC did not provide
    the rejected candidates with notice or an opportunity to respond.
        In response to these various actions by the CC and the CNE, the CIP
    called for an independent audit of electoral processes and highlighted
    several significant flaws in the electoral process. Under an agreed-
    upon set of governance initiatives reached in March, the Government
    granted MDM formal status in the National Assembly, which entitled its
    eight members of parliament to certain financial and logistical
    support, and the Government committed to enacting a new electoral law.
    The Government announced a two-year legislative process to achieve this
    electoral reform.
        Frelimo and the executive branch continue to dominate the political
    process and their influence continued to grow. In the October 2009
    elections, Frelimo secured approximately 75 percent of the presidential
    vote and more than 75 percent of the seats in parliament. Frelimo
    mayors were elected in 42 of 43 municipalities, and it was the largest
    party in municipal assemblies, controlling 79.8 percent of all seats.
    Frelimo gained a sufficient majority in the National Assembly to amend
    the constitution without the support of other parties.
        During the year opposition political parties were permitted to
    operate but were sometimes subject to some restrictions including
    unlawful arrest, and other interference by the ruling party and the
    Government. In September, following violent protests in Maputo, police
    arrested several Renamo members in Nampula, accusing them of making
    further preparations for violent protests. Renamo sources said the
    members had been organizing local party meetings unconnected to the
    protests. All those detained were subsequently released.
        Women, such as the former prime minister and members of many ethnic
    groups, held key positions in both the legislative and executive
    branches. There was no evidence that women or specific ethnic groups
    were excluded from participation in the political process. Eight of the
    29 ministers were women. Women held 91 of 250 seats in the National
    Assembly. The National Assembly also had an office dedicated to raising
    awareness of women's issues, including family law, domestic violence,
    and antitrafficking in persons measures. There were no women on the
    Supreme Court.
    Section 4. Official Corruption and Government Transparency
        While the law provides criminal penalties for official corruption,
    the Government often did not implement the law effectively, and
    officials engaged in corrupt practices with impunity. Corruption in the
    executive and legislative branches was generally perceived to be
    widespread. The World Bank's Worldwide Governance Indicators reflected
    that corruption was a serious problem. Petty corruption by low-level
    government officials to supplement low salaries and high-level
    corruption by a small group of politically and economically connected
    elites continued to be the norm. In some cases high-level bribery was
    related to narcotics trafficking.
        On April 23, Noticias reported that in the district of Muanze in
    Sofala Province, a local administrator lamented the losses attributable
    to nonexistent teachers and civil servants.
        On May 4, Ministry of Education spokesperson Manuel Rego,
    acknowledged that ministry functionaries engaged in sexual harassment
    of students and demanded from students illegal payments to matriculate,
    to pass, and to receive better grades, among other matters.
        On May 10, the daily Escorpiao reported that Customs Director
    Orlando Jose, widely regarded as active in combating corruption, was
    murdered by unknown assailants suspected of links to organized crime
    and corrupt officials. There were no further developments by year's
    end.
        On November 30, the Maputo Provincial Court, sitting in nearby
    Matola, sentenced 16 civil servants to prison terms between three and
    21 years for corrupt schemes that resulted in the theft of about 2.8
    million meticais ($82,000).
        On December 7, two senior executives of the national data
    processing center were convicted of embezzling approximately 3.3
    million meticais ($97,000) and sentenced to jail terms of 12 years.
        On December 9, former interior minister Almerino Manhenje and two
    associates were tried for stealing approximately 1.2 million meticais
    ($35,000). The verdict was pending at year's end.
        There were no further developments in any of the following cases of
    corruption from 2009: the chairperson and others associated with the
    Mozambican Airports Company charged with diversion of state funds; four
    officials from Tete's Provincial Directorate of Planning and Finance
    charged with embezzlement; five employees of the Manica Provincial
    Department of Finance charged with illegally obtaining state funds; and
    the 2007 and 2008 corruption investigations of the deputy director of
    Maputo Central Prison and six health services administrators in Cabo
    Delgado Province.
        Corruption and extortion by police were widespread, and impunity
    remained a serious problem. Police regularly detained persons for
    arbitrary reasons and demanded identification documents solely to
    extort payments. Many crime victims reportedly declined to seek police
    assistance because of expected demands for bribes and a lack of
    confidence that the police would help. Corruption largely resulted from
    a lack of checks and balances, minimal accountability, and a culture of
    impunity. Local NGOs, such as the CIP, and media groups continued to be
    the main civic forces fighting corruption, reporting on and
    investigating numerous corruption cases.
        The law requires that all members of the Government declare and
    report their assets with the Constitutional Council, but it does not
    require that such information be made available to the general public.
    Consequently, the general public does not know whether the required
    declarations and reports have been submitted.
        The Central Office for the Combat of Corruption functions as an
    autonomous unit under the Attorney General's Office with its own state
    budget. It investigates theft of state funds in the central government
    and in provincial administrations.
        There are no laws providing for public access to government
    information, and in practice the Government failed to respond to
    citizens' requests for or restricted citizens' access to government
    information.
    Section 5. Governmental Attitude Regarding International and
            Nongovernmental Investigation of Alleged Violations of Human
            Rights
        A number of domestic and international human rights groups
    generally operated without government restriction, investigating and
    publishing their findings on human rights cases. Although at times
    slow, government officials often were cooperative and responsive to the
    views of domestic and international human rights groups. The
    registration and activities of foreign NGOs are subject to governmental
    regulation. Some foreign NGOs and religious groups reported that such
    registration regularly required several months.
        In August 2009 the Ministry of Justice agreed to work with the UN
    to draft and issue in 2011 its own human rights report. There were no
    progress reports issued during the year.
        Despite a 2005 constitutional amendment creating an independent
    ombudsman position to investigate allegations of abuses, including
    human rights violations, no person had been named to the position by
    year's end.
    Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
        The constitution and law prohibit discrimination based on race,
    gender, disability, language, or social status, but in practice
    discrimination persisted against women and persons with HIV/AIDS.

        Women.--The law prohibits rape, including spousal rape, but it was
    not effectively enforced. Penalties range from two to eight years'
    imprisonment if the victim is 12 years of age or older and eight to 12
    years' imprisonment if the victim is under the age of 12. While there
    were no official estimates as to the extent of spousal rape, it was
    regarded as a common problem. According to NGO reports, many families
    preferred to settle such matters privately through financial
    remuneration rather than through the formal judicial system. There were
    no reports of rape cases prosecuted during the year.
        In July 2009 parliament passed a domestic violence law that
    prohibits violence against women and nonconsensual sex, including
    between married individuals. The law also provides penalties of up to
    12 years' imprisonment for engaging in sexual activity while knowingly
    infected with a contagious disease. No cases were brought to trial
    during the year.
        Domestic violence against women, particularly spousal rape and
    beatings, remained widespread, and despite the new domestic violence
    law, NGOs reported that many women believed it was acceptable for their
    husbands to beat them. Cultural pressures discouraged women from taking
    legal action against abusive spouses. On April 20, the Ministry of
    Women and Social Action (MIMAS) acknowledged that a national plan
    approved in 2008 to combat violence against women had been announced
    but not yet implemented in five provinces--Niassa, Tete, Sofala,
    Inhambane, and Gaza, and in Maputo City--and was altogether unknown in
    the rest of the country. MIMAS Minister Yolanda Cintura suggested that
    the plan would be implemented in ``a few years.'' A survey indicated
    that 21 percent of female respondents reported an act of physical or
    sexual violence perpetrated by a man during the past year.
        On June 25, O Pais reported that violence against women and
    children was increasing. During the first quarter of the year, more
    than 1,700 cases were reported.
        The Government and NGOs often worked together to combat domestic
    violence. The PRM operated special women's and children's units in
    police squadrons that received high numbers of cases of domestic
    violence, sexual assault, and violence against children; the units
    provided assistance to victims and their families. All of the 30 police
    squadrons in Maputo had women's and children's centers. In addition,
    all police squadrons in the country are in the process of installing a
    ``green line'' (a free telephone line) to receive complaints of
    violence against women and children. The lines were not fully
    operational by year's end.
        Sexual harassment is illegal; however, it was pervasive in
    business, government, and schools. Although no formal data existed, the
    media reported numerous instances of harassment during the year. The
    relevant sexual harassment law is based on the 1920s Portuguese penal
    code; sexual harassment charges are usually regarded as acts of
    ``indecency'' with a maximum penalty of two years' imprisonment.
        The Government generally recognized the right of couples and
    individuals to decide the number and timing of their children. Health
    clinics and local NGOs were permitted to operate freely in
    disseminating information on family planning under the guidance of
    MIMAS. There were no restrictions on the right to contraceptives, but
    the continued high rate of HIV/AIDS suggested that they were not
    sufficiently used. The UN Population Fund (UNFPA) estimated that
    approximately 17 percent of married women between the ages of 15 and 49
    used some form of contraception. Because there were few doctors and
    nurses in the country, most women gave birth at home and received
    little or no prenatal and postnatal care, unless the mother or child
    suffered health complications.
        A May 5 Ministry of Health study concluded that more than 11 women
    died daily due to pregnancy-related complications, and that three-
    fourths of such deaths were preventable. The UNFPA estimated the
    maternal mortality ratio (the ratio of the number of maternal deaths
    per 100,000 live births) to be 550 in 2008. The Population Reference
    Bureau estimated that approximately 44 percent of births were attended
    by skilled personnel.
        Men and women received equal access to diagnosis and treatment for
    sexually transmitted infections, including HIV/AIDS.
        ``Purification,'' whereby a widow is obligated to have unprotected
    sex with a member of her deceased husband's family, continued to be
    practiced, particularly in rural areas. A Save the Children report on
    inheritance practices noted that 60 percent of women cited
    discrimination in the inheritance process and highlighted cases in
    which women lost inheritance rights for not being ``purified''
    following the death of their husbands.
        With the exception of some ethnic and religious groups, the groom's
    family provided a dowry to the bride's family, usually in the form of
    money, livestock, or other goods. Among Muslims, the bride's family
    usually paid for the wedding and provided gifts. Some believed that
    these exchanges contributed to violence against women and other
    inequalities, due to the perception that the women subsequently were
    ``owned'' by their husbands.
        The Family Law, which took effect in 2005, sets the minimum age of
    marriage for both genders at 18 for those with parental consent, and 21
    for those without it. The law also eliminates husbands' de facto status
    as heads of family, and legalizes civil, religious, and common-law
    unions. While the law does not recognize new cases of polygamy, it
    grants women already in polygamous marriages full marital and
    inheritance rights. The law more precisely defines women's legal rights
    with regard to property, child custody, and other issues. However,
    nearly five years after taking effect, a survey conducted by the NGO
    MULEIDE found that approximately 63 percent of women remained
    uninformed about the law.
        Customary law was practiced in many areas. In some regions,
    particularly the northern provinces, women had limited access to the
    formal judicial system for enforcement of rights provided under the
    civil code and instead relied on customary law to settle disputes.
    Under customary law women have no rights to inherit an interest in
    land.
        Women continued to experience economic discrimination, and they
    were three times less likely than men to be represented in the public
    and formal private employment sectors. They often received lower pay
    than men for the same work and were less likely to have access to
    credit.

        Children.--Citizenship can be obtained by birth either in the
    country or of a citizen parent. Particularly in rural areas, births
    often were not registered immediately. Children who wish to start
    school at age six must be registered. Failure to register can also
    prevent one from obtaining health care and public documents, such as
    identity cards or passports.
        Education is compulsory through age 12, but enforcement was
    inconsistent. Public education tuition is free, but most families paid
    enrollment fees for each child and purchased books, uniforms, and other
    school supplies. Children who have a certificate that testifies that
    their parents' incomes are below a certain level are exempt from fees,
    but for most families, fees and associated costs remained a significant
    financial burden. Despite joint government-NGO initiatives in some
    localities and districts to improve girls' school attendance, Save the
    Children's May 5 Report on Mothers noted that school attendance for
    girls continues to be significantly lower than for boys, especially at
    the secondary and higher levels.
        The UN Children's Fund noted that child abuse was a growing
    concern. Most child abuse cases involved sexual abuse, physical abuse,
    or negligence. Several cases of fathers sexually abusing their
    daughters were reported. Sexual abuse in schools was a growing problem.
    There were numerous press reports during the year focusing on the large
    numbers of high school-age girls becoming pregnant as a result of being
    coerced into having sex by their teachers.
        Local custom, primarily in the northern provinces and in Muslim and
    South Asian communities, allowed underage marriage. Without specifying
    prison terms or fine amounts, the law prohibits pornography, child
    prostitution, and sexual abuse of children under 16; however,
    exploitation of children below the age of 15 and child prostitution
    remained a problem. No instances of prosecution were reported. Child
    prostitution appeared to be most prevalent in Maputo, Nampula, Beira,
    at border towns, and at overnight stopping points along key
    transportation routes. Child prostitution reportedly was growing in the
    Maputo, Beira, Chimoio, and Nacala areas, which had highly mobile
    populations and a large number of transport workers. Child prostitution
    also was reported in Sofala and Zambezia provinces. Some NGOs provided
    health care, counseling, and training in other vocations to children
    engaged in prostitution.
        Zimbabwean children, many of whom entered the country alone,
    continued to face labor exploitation and discrimination. They lacked
    protection due to inadequate documentation and had limited access to
    schools and other social welfare institutions. Coercion, both physical
    and economic, of Zimbabwean girls into the sex industry was common,
    particularly in Manica Province.
        Child beggars, who appeared to be living on the streets, were
    visible in major urban areas, but no nationwide figures were available.
        Several government agencies, including the Ministry of Health and
    the Ministry of Women and Social Action, implemented programs to
    provide health assistance and vocational education for HIV/AIDS
    orphans, but as parents continued to die, the number of orphans
    increased.
        The Maputo City Office of Women and Social Action continued its
    program to rescue abandoned orphans and assist single mothers who
    headed families of three or more persons. It also offered special
    classes in local schools to children of broken homes. NGOs sponsored
    food, shelter, and education programs in all major cities.
        While the Government continued to stress the importance of
    children's rights and welfare, significant problems remained. In 2008
    the National Assembly passed a law on child protection. The law
    contains sections dealing with protection against physical and sexual
    abuse; removal from parents who are unable to defend, assist, and
    educate them; and the establishment of minors' courts to deal with
    matters of adoption, maintenance, and regulating parental power. By
    year's end no cases had been taken to court.
        The Network against the Abuse of Minors (Rede Came) continued its
    efforts to put into practice the child protection law's provisions. It
    maintained a hotline call center and responded to hundreds of calls but
    lacked the resources to deliver meaningful assistance on a large scale.
        The country is not a party to the 1980 Hague Convention on the
    Civil Aspects of International Child Abduction. For information on
    international parental child abduction, please see the Department of
    State's annual report on compliance at http://travel.state.gov/
    abduction/resources/congressreport/congressreport--4308.html.

        Anti-Semitism.--There was a very small Jewish population, and there
    were no reports of anti-Semitic acts.

        Trafficking in Persons.--For information on trafficking in persons,
    please see the Department of State's annual Trafficking in Persons
    Report at www.state.gov/g/tip.

        Persons With Disabilities.--The constitution and law stipulate that
    citizens with disabilities shall fully enjoy the same rights as all
    other citizens. However, the Government provided few resources to
    implement this provision, and persons with disabilities frequently
    could be seen begging at traffic intersections, often accompanied by
    able-bodied persons. Discrimination was common against persons with
    disabilities in employment, education, access to health care, and the
    provision of other state services. The law does not mandate access to
    buildings for persons with disabilities, but the Ministry of Public
    Works and Habitation worked to ensure that public buildings in Maputo
    city provided access for persons with disabilities. Electoral law
    provides for the needs of voters with disabilities in the polling
    booths.
        Concerns of persons with disabilities included lack of access to
    socioeconomic opportunities and employment, limited access to buildings
    and transportation, and a lack of wheelchairs. Facilities with special
    access were rare. There were few job opportunities for persons with
    disabilities in the formal sector.
        The country's only psychiatric hospital was overwhelmed with
    patients and lacked the means to guarantee basic nutrition, medicine,
    or shelter. Doctors at the hospital also reported that many families
    abandoned members with disabilities.
        Veterans with disabilities continued to complain about not
    receiving pensions.
        The Ministry of Women and Social Action is responsible for
    protecting the rights of persons with disabilities. The four-year
    National Action Plan in the Area of Disabilities announced in 2006 had
    not received any financing for implementation by year's end.
        The city of Maputo offered free bus passes to persons with
    disabilities.

        National/Racial/Ethnic Minorities.--There were reports of tension
    between Chinese guest workers, often employed in construction, and
    citizens in the cities of Maputo and Beira. There were reports also of
    mistreatment by Chinese companies of local employees. For example, on
    May 5, Noticias reported that Minister of Labor Helena Taipo had
    cancelled the work permit of one Ding Zhengming for abusing domestic
    employees at CCM Construction Ltd. in Maputo.
        There were reports of discrimination by police against Zimbabwean
    and Somali immigrants during the year.

        Societal Abuses, Discrimination, and Acts of Violence Based on
    Sexual Orientation and Gender Identity.--There were occasional reports
    of such discrimination, and the LDH reported cases of discrimination
    against gay men and lesbians in the courts. The Workers Law includes an
    article that prevents discrimination in the workplace based on a number
    of factors, including sexual orientation.
        The Government does not track and report discrimination or crimes
    against individuals based on sexual orientation or gender identity, nor
    were such abuses reported in the media.

        Other Societal Violence or Discrimination.--The law prohibits
    discrimination against workers on the basis of HIV/AIDS status, and the
    Ministry of Labor generally intervened in cases of perceived
    discrimination by employers. The Ministry of Labor reported receiving
    more than 100 cases annually of workers being dismissed by their
    employers for having HIV/AIDS. Often workers were obligated by the
    employer to take HIV/AIDS tests. In response to these violations, the
    ministry registered the complaints and confronted companies responsible
    for dismissals.
        Kukuyana, a national network of women with HIV/AIDS, reported that
    many women were expelled from their homes and/or abandoned by their
    husbands and relatives because they were HIV positive. It also reported
    that some women who were widowed by HIV/AIDS were accused of being
    witches who purposely killed their husbands to acquire belongings, and
    in retribution they were deprived of all possessions.
        Because some traditional healers assert that their body parts
    contained special curative or sexual strength, persons with albinism
    were the subject of violent attacks that resulted in mutilation or
    death. LDH researchers reported that attacks had increased and that
    children were frequent victims of these mutilations.
    Section 7. Worker Rights

        a. The Right of Association.--The constitution and law provide that
    all workers are free to form and join a trade union of their choice
    without previous authorization or excessive requirements, except for
    firefighters, members of the judicial authorities, and prison guards;
    workers exercised these rights in practice. Because the Mozambican
    Workers Association rarely, if ever, takes action to defend workers'
    rights, some unions alleged the Association was under the influence of
    Frelimo and the Government. By law both private and public workers are
    permitted to form unions and to strike. Concerted work actions, such as
    strikes, were infrequent but did occur.
        On June 6, workers went on strike for 24 days against their Chinese
    employer at the site of new national stadium in the Maputo suburb of
    Zimpeto. They did not receive the demanded pay increase of 20 percent,
    but the employer did agree to make available bread and tea for work
    days exceeding eight hours, and to pay wages for the days not worked
    during the strike. Chinese counterparts of the local workers did not
    participate in the strike.

        b. The Right to Organize and Bargain Collectively.--Although the
    law provides for the right of workers to organize and engage in
    collective bargaining, such contracts covered less than 2 percent of
    the work force. Unions were responsible for negotiating wage increases.
        The law prohibits antiunion discrimination; however, there were
    reports that many companies continued to engage in antiunion
    discrimination by replacing persons at the end of contracts, dismissing
    workers for striking, and not abiding by collective bargaining
    agreements.
        There are no special laws or exemption from regular labor laws in
    the export processing zones.

        c. Prohibition of Forced or Compulsory Labor.--The law prohibits
    forced or compulsory labor, including by children. Nonetheless,
    domestic servitude occurred. There were also numerous reports of
    children forced to work as domestic workers and in the agricultural
    sector.
        Also see the Department of State's annual Trafficking in Persons
    Report at www.state.gov/g/tip

        d. Prohibition of Child Labor and Minimum Age for Employment.--The
    law prohibits child labor; however, it remained a problem. In the
    formal economy, the minimum working age without restrictions is 18
    years of age. The law permits children between ages 15 and 18 to work,
    but the employer is required to provide for their education and
    professional training and to ensure that conditions of work are not
    damaging to their physical and moral development. Children between the
    ages of 12 and 15 are permitted to work under special conditions
    authorized jointly by the Ministries of Labor, Health, and Education.
    For children under the age of 18, the maximum workweek is 38 hours, the
    maximum workday is seven hours, and they are not permitted to work in
    occupations that are unhealthy or dangerous or require significant
    physical effort. Children must undergo a medical examination before
    beginning work. By law children must be paid at least the minimum wage
    or a minimum of two-thirds of the adult salary, whichever is higher.
        Although the law prohibits forced and bonded labor by children, it
    was considered to be a common problem, especially in rural areas. Often
    out of economic necessity, especially in rural areas, parents often
    forced their children to work, particularly in commercial agriculture,
    as domestic employees, or in prostitution. Children, including those
    under age 15, commonly worked on family farms in seasonal harvests or
    on commercial plantations, where they picked cotton or tea leaves and
    were paid on a piecework basis for work completed rather than an hourly
    minimum wage.
        On June 14, Noticias reported that the International Labor
    Organization, as part of its 98th annual conference in Geneva, pointed
    to the country as ``one of the countries that has the highest rate of
    child labor'' in the world.
        The Ministry of Labor regulates child labor in both the informal
    and formal sectors. Labor inspectors may obtain court orders and use
    police to enforce compliance with child labor provisions. Violations of
    child labor provisions are punishable with fines ranging from one to 40
    months of salary at minimum wage. Enforcement mechanisms generally were
    adequate in the formal sector but remained poor in the informal sector.
    The labor inspectorate and police forces lacked adequate staff, funds,
    and training to investigate child labor cases, especially in areas
    outside the capital where a majority of the abuses occurred. Although
    the Government provided training for police on child prostitution and
    abuse, there was no specialized child labor training for the labor
    inspectorate. The Government disseminated information and provided
    education about the dangers of child labor to the general public.
        Also see the Department of State's annual Trafficking in Persons
    Report at www.state.gov/g/tip

        e. Acceptable Conditions of Work.--Trade unions estimated that a
    minimum livable monthly wage to provide for a family of five was
    approximately 6,460 meticais ($189). There are 11 different minimum
    wages averaging approximately 2,300 meticais ($68) across nine
    employment sectors: agriculture; mining; fisheries; manufacturing;
    electricity, gas and water; construction; financial; nonfinancial; and
    state employees. The national minimum wage does not provide an adequate
    standard of living for a worker and family.
        Although the industrial sector frequently paid above minimum wage,
    there were few industrial jobs outside of the Maputo area. In addition
    less than 10 percent of workers held salaried positions, and the
    majority of the labor force worked in subsistence farming. Many workers
    used a variety of strategies to survive, including holding a second
    job, maintaining their own gardens, or depending on the income of other
    family members.
        The Ministry of Labor is responsible for enforcing the minimum wage
    rates in the private sector and the Ministry of Finance in the public
    sector. Violations of minimum wage rates usually were investigated only
    after workers registered a complaint. Workers generally received
    benefits, such as transportation and food, in addition to wages. The
    standard legal workweek is 40 hours but can be extended to 48 hours.
    After 48 hours overtime must be paid at 50 percent over the base hourly
    salary. Overtime is limited by law to two hours per day and 100 hours
    per year. The law provides for one hour of rest per day. Foreign
    workers are protected under the law.
        On April 27, Minister of Labor Helena Taipo cancelled the work
    permit of a Zimbabwean citizen, Stewart Goss, for abusing local workers
    in Manica and Tete provinces, and for limiting trade union activity and
    freedom of speech.
        On May 28, the Mozambican News Agency reported that workers at the
    Maputo International Airport accused their employer, Anhui Foreign
    Economic Construction, of beatings, firing without cause, and failing
    to enroll them in the social security system.
        On June 28, the Ministry of Labor announced fines against 44
    companies for requiring their employees to work on the Mozambican
    Independence Day holiday.
        On July 8, Noticias reported 150 workers on the National Highway 1
    near Xai Xai in Gaza Province had gone on strike to protest a lack of
    formal employment contracts, failure to pay overtime, failure to
    provide medical care or medications, firing without cause, and physical
    abuse.
        Frequent worker complaints included failure by employers to deposit
    social security contributions that had been deducted from wages,
    inability to obtain social security benefits, unlawful firings, and
    intimidation of union members.
        In the small formal sector, health and environmental laws were in
    place to protect workers; however, the Ministry of Labor did not
    effectively enforce these laws, and the Government only occasionally
    closed firms for noncompliance. There continued to be significant
    violations of labor laws in many companies and services.
        Foreign experts, including much-needed medical professionals,
    continued to have difficulty obtaining work visas.
        In theory workers have the right to remove themselves from
    situations that endangered their health and safety without jeopardy to
    their employment; in practice, however, threats of dismissal and peer
    pressure restricted this right. There were no special provisions for
    foreign and migrant workers.

                                   __________

                                    NAMIBIA

        Namibia is a multiparty democracy with a population of
    approximately 2.2 million. The presidential and parliamentary elections
    held in November 2009 resulted in the reelection of President
    Hifikepunye Pohamba and the retention by the ruling South West Africa
    People's Organization (SWAPO) of its parliamentary majority. Despite
    some irregularities, international observers characterized the election
    as generally free and fair. In March the High Court dismissed a
    challenge to the election outcome filed by nine opposition parties;
    however, in September the Supreme Court overturned the decision and
    sent the case back to the High Court, where the case remained pending
    at year's end. Security forces reported to civilian authorities.
        Human rights problems included police use of excessive force;
    prison overcrowding and poor conditions in detention centers; arbitrary
    arrest, prolonged pretrial detention, and long delays in trials;
    criticism of nongovernmental organizations (NGOs); harassment and
    political intimidation of opposition members; and official corruption.
    Societal abuses included violence against women and children, including
    rape and child abuse; discrimination against women, ethnic minorities,
    and indigenous people; child trafficking; discrimination and violence
    based on sexual orientation and gender identity; 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.
        There were no developments in the 2008 case in which a police
    officer shot and killed a demonstrator who stabbed a police constable
    during a political rally.
        On April 22, seven of the nine police officers accused of killing a
    suspect during interrogation in 2006 were found guilty of culpable
    homicide, assault with intent to do grievous bodily harm, and
    obstructing the course of justice. Five of the officers were fined
    10,000 Namibian dollars ($1,430) each; the other two were each fined
    8,000 Namibian dollars ($1,144).
        The Government took no action during the year to investigate five
    of six mass graves discovered in 2008 along the country's border with
    Angola. In 2008 the Government investigated the sixth grave, which
    contained the remains of five political activists who were killed
    without trial by South African security forces in 1972; government
    officials claimed the site was well known and did not represent a new
    finding. In 2008 the UN requested the Government confirm allegations
    filed by the National Society for Human Rights--renamed Namibian Rights
    and Responsibilities, Inc. (NAMRIGHTS) during the year--that the graves
    could be linked to ``enforced disappearances'' in the Caprivi and
    Kavango regions between 1994 and 2003.

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

        c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
    Punishment.--The constitution and law prohibit such practices; however,
    police sometimes used excessive force when apprehending, interrogating,
    and detaining criminal suspects.
        During the year NAMRIGHTS accused Windhoek City police of
    mistreating suspects, some of whom allegedly had been held in a secret
    cell to allow time for their injuries to heal before they were handed
    over to the Namibian Police Force (NAMPOL). In 2009 local media
    reported the same allegation. Police denied the accusations, and no
    investigation had been conducted by year's end.
        On March 21, NAMPOL officers allegedly attacked and arrested Kamati
    Ndeyanele, a bystander in a vigilante attack. According to NAMRIGHTS,
    the officers were told they had arrested the wrong suspect but they
    warned those concerned not to interfere or else risk serious
    consequences. Kamati was detained and released the next day.
        In May David Shidinifa, a captain in the Namibia Defense Force
    (NDF), filed charges of assault and robbery against Windhoek City
    police officers, who allegedly kicked and robbed him on May 8 of 3,000
    Namibia dollars ($429) and 900 euros ($1,252) when they arrested him
    for driving under the influence of alcohol. The trial had not begun by
    year's end.
        On July 12, two NAMPOL officers shot in the leg Victor Tutangane,
    whom they mistakenly suspected of illegally crossing the border with
    Zambia. According to NAMRIGHTS, police waited several hours before
    taking Tutangane to the Katima Mulilo State Hospital, where he was
    discharged the next day. Even after realizing that Tutangane was
    innocent, police retained Tutangane's identity card and border pass,
    which remained in police possession at year's end.
        According to NAMRIGHTS, on the night of September 10, Windhoek City
    police assaulted and beat John Haufila until he lost consciousness. The
    attack occurred at the Wanaheda Police Station in view of NAMPOL
    officers, who did not intervene, according to Haufila. NAMPOL officers
    subsequently instructed city police to take Haufila to the hospital,
    where police allegedly told doctors his injuries resulted from a fall,
    according to Haufila. Police later opened a case against Haufila,
    claiming he had prevented them from executing their duties. On
    September 13, police released Haufila on bail, and the case was pending
    at year's end.
        In September the Namibian Press Agency and NAMRIGHTS reported that
    a woman from the town of Helao Nafidi suffered a miscarriage as a
    result of a September 4 assault by NAMPOL officers. NAMRIGHTS claimed
    that three police officers assaulted the woman after accusing her
    boyfriend of reckless driving. No charges were filed against the
    officers.
        The trial of four police officers accused of assaulting two
    residents of Kalkrand in 2009 continued at year's end.
        Unlike in 2009 there were no reports that police use of force to
    disperse demonstrators resulted in injuries.

        Prison and Detention Center Conditions.--Prisons were generally
    overcrowded, and some were poorly maintained and lacked basic
    sanitation; however, the Government continued to make significant
    improvements during the year. Unlike in previous years, all prisoners--
    although not pretrial detainees--had access to water, toiletries,
    washing facilities, and three daily meals, according to the Ombudsman's
    Office, which previously criticized prison conditions throughout the
    country. Conditions in detention centers and police holding cells--
    sometimes located inside prisons--remained poor, and there were reports
    that guards at detention centers sometimes abused prisoners.
        In December a former inmate at the Ondagwa Prison instituted legal
    action against the Ministry of Health and Social Services after his
    health deteriorated as a result of taking expired medicine prescribed
    by the prison hospital staff. The trial had not begun by year's end.
        On December 1, the country had a total prison population of 4,251
    inmates in its 13 prisons, according to the Windhoek Observer
    newspaper; the country's prisons were built to hold 4,475 inmates.
    Nevertheless, overcrowding remained a problem in some of the country's
    largest prisons. For example, Oluno Prison in the north was designed to
    accommodate 557 inmates, but in December it held 1,013 prisoners.
        Conditions in police holding cells were poor. After a June visit to
    police holding cells in the south, Margaret Mensah-Williams, the vice
    chairperson of the National Council, characterized conditions as
    inhumane. Mensah-Williams cited dirty and cold cells, insufficient
    blankets, poor food, unhygienic kitchen utensils and pots, poor
    lighting in cells, and improperly functioning toilets. In September
    there were 3,152 suspects in holding cells.
        The Government would not comment on the deaths during the year of
    three Caprivi detainees; 18 detainees have died since the majority of
    suspects were arrested in 1999 (see section 1.e.).
        Unlike in past years, there were no reports that detainees were
    held with convicted prisoners, but juveniles in rural facilities were
    sometimes held with adults.
        There were no developments in the investigation of the 2009 sexual
    assault of a 15-year-old boy imprisoned with adult males; the boy had
    been arrested for theft.
        Prisoners and detainees had reasonable access to visitors and were
    permitted to participate in religious observances. Victims of prison
    abuse were able to pursue legal remedies, although lengthy delays were
    common.
        For example, the trial of five Keetmanshoop police officers and
    their station commander for negligence in connection with the 2007
    death of Noel Thompson continued at year's end.
        The Ombudsman's Office investigated credible allegations of
    inhumane conditions, documented results, and made written
    recommendations; however, it was not authorized to intervene in
    individual cases. The Government investigated and monitored prison and
    detention center conditions.
        The Government continued to grant both local and international NGOs
    regular access to prisons and prisoners. The International Committee of
    the Red Cross (ICRC) and the Southern African Development Community
    (SADC) Lawyers Association visited prisons and detention centers. The
    Government required that media representatives seeking to visit prisons
    apply in writing to the commissioner for prisons; however, the
    Government rarely acceded to such requests.
        Government initiatives to improve prison conditions continued.
    During the year the Office of the Ombudsman reported improved
    conditions in several prisons as a result of renovations; a 2008
    ombudsman's report cited police cells for poor sanitary conditions,
    overcrowding, insufficient food, unsafe infrastructure, and lack of
    access to medical care and potable water. Prisoners in Gobabis,
    Luderitz, Keetmanshoop, Walvis Bay, Swakopmund, and Hardap were
    reportedly less crowded, had access to potable water, and were provided
    toiletries. Prisoners also received three meals a day, although the
    ombudsman received prisoner complaints about insufficient quantity of
    food. A nurse at each prison cared for sick inmates and dispensed basic
    medication. Inmates with serious health problems were referred to state
    hospitals.
        All prisoners, but not pretrial detainees, had the opportunity to
    take adult literacy classes and coursework leading to a high school
    diploma. Some inmates took university-level classes through a distance
    education program during the year and had access to lecturers from the
    country's universities as well as library privileges on some campuses.
        At Windhoek Central Prison and the Elizabeth Nepemba Rehabilitation
    Center, during the year the Government introduced a case management
    system that classifies inmates according to risk (nature of crime and
    length of sentence) and assigns housing, training, and counseling based
    on this model. The pilot project was used an incentive system to
    encourage good behavior.
        At Windhoek Central Prison, the country's second largest
    penitentiary, inmates were transferred during the year to reduce
    overcrowding, and additional staff was hired to provide better
    services. In addition to educational courses, counseling, and cognitive
    skills classes, the prison conducted skills training workshops in car
    mechanics, tailoring, upholstery, welding, and wood working to provide
    inmates with marketable skills and to reduce recidivism. However,
    pretrial detainees were ineligible to participate in any of the
    prison's counseling, skills training, or academic offerings. During the
    year the prison also instituted a substance abuse program for inmates
    battling addition.
        A pilot program to place youths in shelters and foster homes as an
    alternative to incarceration was formalized during the year and became
    an integral part of the prisons and rehabilitation services. During the
    year the Government's community service program, which provides an
    alternative to incarceration for adults and juveniles convicted of
    petty crimes, also became an integral part of the prisons and
    rehabilitation services. The NGO CHANGE, led by a former deputy
    minister for prisons, offered counseling, skills training, and job
    placement to former inmates.

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

        Role of the Police and Security Apparatus.--NAMPOL, which has
    approximately 12,000 employees, is under the Ministry of Safety and
    Security. The NDF, which has approximately 16,000 members, is under the
    Ministry of Defense. Both NAMPOL and the NDF were responsible for
    internal security. NAMPOL is highly centralized with regional commands
    responsible to the inspector general of police. Approximately half of
    NAMPOL's overall complement is assigned to the Special Field Force
    (SFF), a paramilitary unit composed primarily of combatants from the
    former People's Liberation Army of Namibia. SFF members were assigned
    to guard duty, checkpoints, and the maintenance of public order. Police
    corruption and impunity were problems (see section 4). NAMPOL lacked
    the resources, training, and personnel to effectively deter or
    investigate street crime.
        Police continued to receive human rights training designed by the
    Windhoek-based NGO Legal Assistance Center (LAC). Some officers
    attended training programs with human rights components, including
    human trafficking, at the International Law Enforcement Academy in
    Gaborone, Botswana.
        According to NAMRIGHTS, police officers continued to threaten
    prostitutes with arrest if they did not provide free sex.
        In August NAMRIGHTS and the media reported that a 17-year-old girl
    filed criminal and incest charges against her father, a police officer
    in the Very Important Persons Protection Unit, who allegedly raped her
    in June. NAMRIGHTS claimed that the police obstructed investigations
    into the girl's case. The trial had not begun at year's end.

        Arrest Procedures and Treatment While in Detention.--Arrest
    warrants are not required in all cases, such as when a suspect is
    apprehended during the commission of a crime. Persons arrested must be
    informed of the reason for their arrest and brought before a magistrate
    within 48 hours of their detention, but the Government did not always
    respect these provisions in practice. Detainees generally were promptly
    informed of the charges against them. Those accused are entitled to
    defense by the legal counsel of their choice, and those who cannot
    afford a lawyer are entitled to state-provided counsel. However, many
    prisoners could not afford counsel, and indigent persons were not
    always provided counsel primarily due to an insufficient number of
    public defenders. There is a functioning bail system, and detainees
    generally were allowed prompt access to family members. Under a state
    of emergency, however, the constitution permits detention without
    trial, although the names of detainees must be published in the
    Government's gazette within 14 days, and an advisory board appointed by
    the president must review their cases.
        The Government abused and arbitrarily arrested persons during the
    year (see section 1.c.). NAMRIGHTS recorded 10 cases of arbitrary
    arrest during the year.
        No action was taken against Windhoek City police who in February
    2009 allegedly assaulted, arrested, and detained without charge
    Timoteus Amunyela.
        There were no developments in the 2009 incident in which an
    intoxicated police officer allegedly arbitrarily arrested and assaulted
    Lukas Nekongo.
        Lengthy pretrial detention was a problem. Approximately 8 percent
    of the general prison population was awaiting trial. The lack of
    qualified magistrates and other court officials, high cost of legal
    aid, slow or incomplete police investigations, and continued
    postponement of cases resulted in a serious backlog of criminal cases
    and delays of years between arrest and trial. During the year the High
    Court began to implement some proposals to improve the pace of
    administering justice, including granting increased case management
    powers to judges; litigants generally determined the pace of trials.
        In August President Pohamba granted amnesty to prisoners convicted
    of minor criminal offenses who fell into the following categories:
    those serving sentences of two years or less; those who had served more
    than half of their sentences; those who were age 60 and older and had a
    record of good behavior; and those whose conditional release on parole
    was approved on or before August 26. The Government did not release the
    number of prisoners granted amnesty.

        e. Denial of Fair Public Trial.--The constitution provides for an
    independent judiciary, and, while the courts continued to act
    independently and at times made judgments and rulings critical of the
    Government, inefficiency and a lack of resources hampered the judicial
    system.
        Military courts try members of the military only and do not provide
    the same rights as civil criminal courts. Customary courts heard most
    civil and petty criminal cases in rural areas. The law delineates which
    offenses may be dealt with under the customary system.
        Most rural citizens first encountered the legal system through the
    customary courts, which deal with infractions of local customs among
    members of the same ethnic group. The law delineates the roles, duties,
    and powers of traditional leaders and provides that customary law is
    invalid if it is inconsistent with the constitution.

        Trial Procedures.--The constitution and law provide for the right
    to a fair trial, but this right was limited by long delays in hearing
    cases in the regular courts and the uneven application of
    constitutional protections in the customary system. The law provides
    for public trials but not use of juries. Defendants have the right to
    be present at trial, to consult with an attorney in a timely manner,
    and, with their attorneys, to have access to government-held evidence.
    Indigent defendants are entitled to a lawyer provided by the state;
    however, this often did not occur due to an insufficient number of
    public defenders. Defendants are presumed innocent, can confront
    witnesses, can present witnesses and evidence on their behalf, and have
    the right of appeal. The law extends these rights to all citizens.
        More than a decade after Caprivi separatists attacked government
    facilities in the contested region in 1999, 113 Caprivians accused of
    treason had yet to have their cases resolved. The enormity of the
    state's case, resource constraints, and legal wrangling continued to
    delay the Caprivi trial, which consisted of five trials or hearings:
        The main trial in which 113 detainees alleged to have participated
    in the 1999 attacks were being charged with a total of 278 counts
    related to treasonous activities; 18 of the accused have died in
    prison, including three during the year; the Government did not release
    the cause of those deaths that occurred during the year. The trial of
    two ethnic Mafwe witnesses, who were part of the main trial and
    appeared in court in 2006 on charges of perjury and obstruction of
    justice for denying statements they had made to investigators in the
    Caprivi treason trial, was scheduled to resumed in February 2011; the
    two were released on bail during the year.
        The trial of 10 secessionists, who were convicted of treason in
    2007 and sentenced to more than 30 years. In July 2009 the judge ruled
    that the 10 could appeal to the Supreme Court against the length of the
    sentences they received.
        The ``Trial Within a Trial,'' a hearing that began in April 2009 to
    determine the admissibility of allegedly self-incriminating statements
    made by 26 of the defendants before various magistrates. In September
    the Supreme Court turned down a request by the state to appeal part of
    a judgment in which presiding High Court Judge Elton Hoff ruled that
    alleged confessions made by 26 of the men being prosecuted in the
    treason trial could not be used as evidence against them. The Supreme
    Court justices called for the speedy resolution of the trial, in its
    seventh year.
        The trial of Albius Moto Liseli, whose 2009 arrest made him the
    last man arrested in connection with the Caprivi separatist plot.
    Liseli's High Court trial began in June, was postponed to September,
    and continued at year's end.
        Civil suits by defendants who claimed to have been tortured at the
    time of their arrests. During the year the High Court ruled in favor of
    the ministers of home affairs and defense in three more civil suits. By
    year's end the High Court had dismissed eight civil claims against the
    ministers of home affairs and defense, 24 cases had been settled out of
    court, and 90 cases remained pending. The LAC continued to represent
    detainees.

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

        Civil Judicial Procedures and Remedies.--There exists an
    independent judiciary in civil matters, which is widely perceived as
    impartial. The law provides for access to a court to bring lawsuits
    seeking damages for, or cessation of, human rights violations. The
    constitution provides for administrative justice as well as judicial
    remedies for alleged wrongs. Civil court orders generally were
    enforced.

        f. Arbitrary Interference With Privacy, Family, Home, or
    Correspondence.--The constitution prohibits such actions, and the
    Government generally respected these prohibitions in practice. The
    Communications Act, popularly known as the ``Spy Bill,'' which was
    passed in November 2009, was not fully implemented during the year. The
    act allows the intelligence services to monitor e-mails and Internet
    usage with authorization from a magistrate. The legislation also
    permits the interception of telephone calls and cell phone text
    messages. Opponents of the law considered it an invasion of privacy and
    a violation of the right to free expression.
    Section 2. Respect for Civil Liberties, Including:

        a. Freedom of Speech and Press.--The constitution provides for
    freedom of speech and of the press, and unlike in the preceding year,
    the Government generally respected this right. Some independent and
    government journalists practiced self-censorship.
        Individuals could criticize the Government publicly or privately
    without reprisal.
        The clause of the 2009 Communications Act that provides for
    interception centers to allow the Government to tap telephones,
    intercept e-mails, and monitor Internet traffic had not been
    implemented by year's end. Provisions regarding interconnection fees,
    tariffs and allocation of frequencies, the promotion of competition,
    and the establishment of the Communications Regulatory Authority of
    Namibia were implemented during the year.
        There were four daily national newspapers, three of which were
    independent, and four independent weekly newspapers. The Government ran
    one newspaper and a press agency, whose boards were appointed by the
    minister of information and communication technology. The Government
    shared equal ownership of a regional weekly newspaper with the
    Government of Zimbabwe. The ruling SWAPO party owned one publication.
        Unlike in the previous year, there were no reports that the SWAPO
    Party Elders' Council pressured newspapers to stop publishing cell
    phone text messages that criticized the Government. There also were no
    reports that prominent politicians publicly criticized media outlets,
    newspapers, or their staffs.
        Unlike in the previous year, the Electoral Commission of Namibia
    (ECN) provided independent newspaper The Namibian with election
    information; in 2009 the ECN director refused to provide such
    information, citing a cabinet resolution prohibiting the Government and
    its agencies from advertising or buying copies of The Namibian.
        The Government owned and operated the Namibian Broadcasting
    Corporation (NBC) Radio and Television, which were the most widely
    broadcast and influential media in the country. NBC's television and
    nine radio services broadcast in English and indigenous languages.
    There were 12 private radio stations and one private television
    network, One Africa TV. SWAPO owned 51 percent of the country's sole
    cable and satellite television provider.
        Throughout the year NBC continued to exclude political topics from
    its popular radio call-in programs. NBC Director Albertus Aochamub
    required the host of morning radio program Keetute to address only
    themes provided by the NBC central office; the program had previously
    featured stories that sometimes criticized the Government and ruling
    party.
        Unlike in previous years, no foreign journalists were arrested.
        No media alerts against the country were issued during the year by
    the Media Institute of Southern Africa; the institute issued 12 alerts
    between 2008 and 2009, including three in which the Government was
    cited for banning journalists from covering events; two for passage of
    the Communications Bill; and one for the 2008 arrest of journalist
    Bonita Nuttall.
        Unlike in previous years, no officials used libel charges to
    suppress criticism by journalists and civil society activists.

        Internet Freedom.--There were no government restrictions on access
    to the Internet; however, the Communications Act provides that the
    intelligence services can monitor e-mails and Internet usage with
    authorization from any magistrate.
        According to International Telecommunication Union statistics for
    2009, approximately 5 percent of the country's inhabitants used the
    Internet.

        Academic Freedom and Cultural Events.--There were reports during
    the year of government restrictions on academic freedom. Some academics
    claimed they were discouraged by their institutions from speaking at
    events hosted by organizations that criticized the Government or the
    SWAPO party. Others claimed they were discouraged from publishing
    materials critical of the Government or the SWAPO party. All
    government-owned institutions of higher learning, including the
    University of Namibia, Polytechnic of Namibia, and the Windhoek College
    of Education, continued to ban holding of political events on their
    campuses.

        b. Freedom of Peaceful Assembly and Association.--Freedom of
    Assembly.--The constitution and law provide for freedom of assembly,
    and with some exceptions the Government generally respected this right.
        In August police denied permits for protest marches by the
    opposition Rally for Democracy and Progress (RDP) party and NGOs during
    the week-long SADC Heads of State Summit. Police claimed insufficient
    resources to protect marchers ``due to a heavy schedule.'' The local
    NGO Forum challenged the prohibition, and the High Court overturned the
    police ban as unconstitutional. However, the summit was near completion
    when the judgment was handed down, and protesters could not reorganize
    the marches.
        SWAPO supporters continued to prohibit RDP members from campaigning
    in some towns and villages.
        No action was taken against police who forcibly dispersed
    approximately 500 young members of the ``Children of the Liberation
    Struggle,'' who in May 2009 had taken control of a bridge and demanded
    to see the president; six of the demonstrators were hospitalized as a
    result of their injuries.

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

        c. Freedom of Religion.--For a description of religious freedom,
    please see Department of State's 2010 International Religious Freedom
    Report at www.state.gov/g/drl/irf/rpt.

        d. Freedom of Movement, Internally Displaced Persons, Protection of
    Refugees, and Stateless Persons.--The constitution and law provide for
    freedom of movement, foreign travel, emigration, and repatriation, and
    the Government generally respected these rights in practice. The
    Government cooperated with the UN Office of the High Commissioner for
    Refugees (UNHCR) and other humanitarian organizations in protecting and
    assisting refugees, returning refugees, asylum seekers, and other
    persons of concern.
        The Government continued to limit the freedom of travel of Cuban
    doctors working in the country under a Cuban bilateral assistance
    program. These doctors were generally not allowed to travel within or
    from the country without consent from the Cuban embassy, which held
    their passports.
        The constitution prohibits forced exile, and the Government did not
    use it.

        Protection of Refugees.--The country's laws provide for the
    granting of asylum or refugee status, 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 on account of their race, religion,
    nationality, membership in a particular social group, or political
    opinion.
        According to the UNHCR, approximately 7,480 refugees and asylum
    seekers resided in Osire Settlement, formerly called the Osire Refugee
    Camp, while approximately 1,230 lived outside the settlement. Angolans
    represented 75 percent of the population, with another 20 percent from
    the Democratic Republic of Congo, Rwanda, and Burundi. The Government
    continued to issue identification cards to all refugees to facilitate
    travel outside the settlement. Nevertheless, some refugees complained
    they still were prevented from working outside the settlement.
        The 41 Congolese refugees who in 2009 voluntarily departed Osire
    Settlement and sought asylum in Botswana were deported to the
    Democratic Republic of Congo during the year by the Botswana
    government.
        The Government continued to maintain strict control over civilian
    access to the Osire Settlement; however, the ICRC, UNHCR, and the
    UNHCR's NGO partners had regular and unrestricted access to the camp.
        The Government also provided temporary protection to certain
    individuals who may not qualify as refugees under the 1951 refugee
    convention or its 1967 protocol.
    Section 3. Respect for Political Rights: The Right of Citizens to
            Change their Government
        The constitution and law provide citizens with the right to change
    their government peacefully, and citizens exercised this right in
    practice through periodic and free elections held on the basis of
    universal suffrage.

        Elections and Political Participation.--In presidential and
    parliamentary elections held in November 2009, SWAPO candidate
    Hifikepunye Pohamba was reelected president with 76 percent of the
    vote, and SWAPO candidates won 54 of 72 elected National Assembly
    seats. International observers characterized the election as generally
    free and fair, despite an inefficient vote tabulation system and
    unequal access to media coverage and campaign financing. Nine
    opposition parties, however, claimed the election was marred by
    irregularities and petitioned the High Court either to annul the
    results and order new elections or to order a recount. In March the
    High Court dismissed the case on technical grounds, citing the
    opposition's failure to submit the court application on time. The
    opposition appealed the High Court's ruling, and on September 6, the
    Supreme Court unanimously ruled that the opposition parties' court
    application was properly filed. The Supreme Court ordered the High
    Court to hear the merits of the opposition parties' case, and it
    instructed SWAPO and the ECN to pay the legal costs of the appellants,
    which were estimated to exceed one million Namibian dollars ($143,000).
        In November the National Assembly passed an amendment to the
    Special Advisors and Regional Representatives Appointment Act of 1990
    allowing the president to appoint regional governors; in the past
    regional counselors selected governors from among their peers. Critics
    charged that the amendment would tighten SWAPO control over local
    leaders.
        Individuals and political party nominees could declare their
    candidacies freely and stand for election in accordance with the law.
    The Government did not officially restrict the right of political
    opponents to organize, seek votes, or publicize their views, but SWAPO
    supporters sometimes disrupted rallies and campaigns of opposition
    parties, particularly the RDP. The majority Ovambo tribe dominated the
    political system. There continued to be reports that individuals who
    were not members of the majority SWAPO party had difficulty finding
    civil service employment or obtaining government tenders.
        Clashes between SWAPO and opposition members resulted in injuries
    during the November regional and local authority elections.
        For example, on November 20, a fight between supporters of SWAPO
    and the Democratic Turnhalle Alliance (DTA) occurred after DTA
    supporters drove a convoy through a largely SWAPO neighborhood in the
    town of Opuwo; two SWAPO members were severely injured after the two
    groups threw stones and bottles at each other. Three persons were
    arrested, and their trial continued at year's end.
        There were no developments in the 2009 incident in which a SWAPO
    supporter armed with a pistol allegedly attacked RDP member Sam
    Hamunyela.
        Investigations into the 2008 incident in which opposition party
    leaders were charged with advocating a boycott of a parliamentary by-
    election were still pending at year's end.
        Women held 24 seats in the 78-seat National Assembly, which
    included six appointed seats and 72 elected ones. There were five
    female ministers and four female deputy ministers among the 41
    ministerial and deputy ministerial incumbents. There were three female
    judges among the 11 permanent judges of the High Court.
        Historic economic and educational disadvantages limited the
    participation of the indigenous San ethnic group in politics. Following
    the 2009 elections, the sole San representative in the National
    Assembly, a SWAPO member, lost his seat. Virtually all of the country's
    other ethnic minorities were represented in parliament and in senior
    positions in the cabinet. Members of smaller ethnic groups held the
    offices of deputy prime minister, speaker of the National Assembly, and
    deputy chairperson of the National Council.
    Section 4. Official Corruption and Government Transparency
        Although the law prohibits corruption and the Government took steps
    to address the problem, officials continued to engage in corrupt
    practices. The World Bank's most recent Worldwide Governance Indicators
    reflected that corruption was a problem. During the year the Anti-
    Corruption Commission (ACC) organized awareness campaigns and held
    workshops for government officials, politicians, civil society, church
    leaders, and school children on the dangers of corruption. The ACC also
    created a telephone line for the public to anonymously report suspected
    corruption.
        During the year the ACC conducted several investigations into
    corruption.
        For example, in March the ACC arrested businessman Antoine Mbok and
    an unnamed employee of the Ministry of Finance for allegedly
    intercepting checks worth four million Namibian dollars ($572,000) and
    depositing them into Mbok's private bank account. Both the Finance
    Ministry employee and Mbok were denied bail and remained in police
    custody. The trial had not begun by year's end.
        In June the courts sentenced Sackey Namugongo, a former deputy
    director of the Ministry of Environment and Tourism, to eight years in
    prison for accepting 332,500 Namibian dollars ($47,547) in exchange for
    promising to issue illegal gambling licenses to prospective business
    investors in 2006. Namugongo, who was convicted on 19 charges, was the
    most senior government official to date to have been convicted under
    the 2003 Anti-Corruption Act.
        In June authorities arrested Dawid Boois, the governor of Karas
    Region, on 24 counts of corruption. Boois was accused of pocketing a
    monthly housing subsidy of 7,500 Namibian dollars ($1,072) over a 24-
    month period while living in a rent-free house owned by the Karas
    Regional Council. Boois' trial continued at year's end.
        In July former NBC director general Gerry Munyama admitted in the
    High Court that he was not authorized to open a bank account to channel
    funds from NBC's overdraft account to cover operational expenditures.
    The state responded that the admission did not constitute a guilty plea
    and proceeded with the trial, which continued at year's end.
        In July media sources reported that former State House deputy
    director Abisai Shaningwa used his new position as Omusati regional
    council director of planning to funnel nearly 1.5 million Namibian
    dollars ($214,500) to build 27 public toilets in his region. The ACC
    conducted an investigation into the possible involvement of Omusati
    public officials in the high-priced toilet scam but had not released
    the results by year's end.
        In December Prime Minister Nahas Angula confirmed that five senior
    managers of the Government Institutions Pension Fund had been asked to
    take voluntary leave to facilitate a probe into the Development Capital
    Portfolio (DCP), which had lent more than 661 million Namibian dollars
    ($9.5 million) to 21 Namibian companies through the DCP from the late
    1990s to 2002. Many of the loans were never repaid, and a 2006 audit
    revealed that the loans were fraught with problems.
        There were no developments in the following 2009 corruption cases:
    the investigation of the Bethanie Village Council for alleged
    mismanagement of funds, tender irregularities, and abuse of power; the
    court case against Public Service Commissioner Teckla Lameck,
    businessman Kongo Mokaxwa, and Chinese national Yang Fan, who were
    alleged to have received kickbacks of 42 million Namibian dollars
    ($6,006,000); and the investigation of Immanuel Mulunga, the country's
    petroleum commissioner, regarding his role in a shareholding dispute
    over an exclusive exploration license for methane gas.
        Security force corruption and impunity were problems. Although some
    security force members accused of abuse and corruption were arrested
    and tried in military courts or the civilian criminal system, the
    Government took no action against others.
        There were no developments in the following 2009 corruption cases
    involving security force personnel: the bribery case against traffic
    officer Jacobus Coetzee, who resigned from his position and remained
    free on bail at year's end; the case against police constables Chris
    Garoeb and Paul Jarson, who allegedly impersonated immigration
    officials and defrauded a foreign tourist; and the investigation of
    Lieutenant General Martin Shalli, who was suspended from the NDF in
    2009 on unspecified claims of corruption.
        In February Lotti Uusiku, the suspended former commanding officer
    of the special branch, and Joseph Kamati, the former head of the police
    finance division, were found guilt of theft in 2006. Uusiku, who was
    convicted on four counts of theft, was fined 25,800 Namibian dollars
    ($3,685), while Kamati was fined $1,800 Namibian dollars ($257).
        In February Andrew Iyambo, the deputy commissioner of police for
    Erongo Region, was found guilty of soliciting a personal donation under
    an official guise in 2006. Iyambo, who was fined 8,000 Namibian dollars
    ($1,141), resigned in March. In 2009 Iyambo was acquitted of charges
    related to his involvement in a car accident.
        In March the ACC arrested NDF Lieutenant-Commander Simiran Elia
    Ndiyaamena for allegedly demanding 10,000 Namibian dollars ($1,430)
    from the owner of a lodge at Walvis Bay in exchange for booking
    accommodations for members of the Chinese army during the year.
        In July The Namibian newspaper reported that although former
    assistant commissioner of prisons Nelzin Martin was suspended in 2005
    on corruption charges--which were dropped in 2007 for lack of
    evidence--he remained on the payroll despite not being reinstated due
    to separate internal corruption charges.
        Public officials were subject to financial disclosure laws.
    However, civil society organizations charged that financial disclosure
    laws did not preclude government officials from engaging in private
    business that conflicted with their government duties. Government
    institutions, including the ACC, the Office of the Ombudsman, and the
    Office of the Auditor General, were responsible for combating public
    corruption.
        No laws provide for public access to government information, and
    media outlets generally found the Government unwilling to provide
    information, including salary scales, for public officials.
    Section 5. Governmental Attitude Regarding International and
            Nongovernmental Investigation of Alleged Violations of Human
            Rights
        A number of domestic and international human rights groups
    generally operated without government restriction, investigating and
    publishing their findings on human rights cases. Unlike in previous
    years, there were no reports that government officials publicly
    disapproved of NGO criticism directed at government policies or SWAPO.
        NAMRIGHTS and the LAC, both independent organizations, were the
    primary human rights NGOs in the country, and the police regularly met
    with both. The LAC often assisted police with human rights training,
    while NAMRIGHTS reported incidents of police brutality and abuse of
    power.
        The suit filed by NAMRIGHTS Director Phil ya Nangoloh against SWAPO
    newspaper Namibia Today continued at year's end; in August 2009 ya
    Nangoloh sued the newspaper for 250,000 Namibian dollars ($35,750) for
    calling him ``a noted twister of facts and pathological liar.''
        The Government generally cooperated with international human rights
    organizations, and the ICRC and other international bodies made visits
    during the year.
        There was an autonomous ombudsman, with whom the Government
    cooperated; he was considered effective in addressing some corruption
    and human rights problems.
    Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
        The constitution and law prohibit discrimination based on race,
    creed, gender, language, disability, social status, or religion, and
    specifically prohibit ``the practice and ideology of apartheid'';
    however, the Government did not effectively enforce these prohibitions.

        Women.--The law defines rape in broad terms and allows for the
    prosecution of spousal rape. Numerous cases of rape were prosecuted
    during the year, and the Government generally enforced rape penalties,
    which provide for sentences of between five and 45 years' imprisonment.
    According to police statistics for 2009, 11,882 cases of gender-based
    violence were reported, 1,036 of which involved rape. A number of
    factors continued to hamper rape prosecutions, including lack of police
    transport, poor communication between police stations, lack of
    expertise in dealing with child rape complainants, and the withdrawal
    of cases by rape complainants after they filed charges.
        The law prohibits domestic violence; however, the problem was
    widespread. Penalties for domestic violence, which includes physical
    abuse, sexual abuse, economic abuse, intimidation, harassment and
    serious emotional, verbal or psychological abuse, range from a fine of
    300 Namibian dollars ($43) to 10 years' imprisonment and a fine for
    assault with intent to cause grievous bodily harm. No information was
    available on enforcement of the law. When reported, the Woman and Child
    Protection Unit of the Namibian Police intervened in domestic violence
    cases.
        During the year the LAC produced comic book inserts in major
    publications that addressed major social issues, including unwanted
    pregnancies, corporal punishment, rape, and domestic violence.
        There were 15 women's and children's shelters staffed with police
    officers trained to assist victims of sexual assault. During the year
    the People's Education, Assistance, and Counseling for Empowerment
    Center and other NGOs continued to provide training to these units. In
    some magistrates' courts, there were special courtrooms to protect
    vulnerable witnesses from open testimony; the courtrooms featured a
    cubicle made of one-way glass and child-friendly waiting rooms. During
    the year the Government began renovating and converting houses in all
    13 regions into shelters for victims of gender-based violence.
        The Government does not keep statistics on sex tourism, and there
    were no reliable estimates of its prevalence.
        The law explicitly prohibits sexual harassment in the workplace and
    requires employers to take reasonable steps to protect employees from
    such harassment. Employees who leave their jobs due to sexual
    harassment are entitled to reinstatement or compensation. No sexual
    harassment cases have ever been filed.
        There were no government restrictions on family planning. The
    Government and NGOs provided for equitable access to contraception to
    all citizens, although those who lived in urban areas had better access
    to skilled attendance during childbirth and postpartum care than those
    who lived in rural areas. According to statistics released during the
    year by the Ministry of Health and Social Services, the country's
    maternal mortality ratio in 2006 was 449 per 100,000 live births, a
    near doubling of the rate in 1992; the high rate was attributed to the
    general lack of access to effective health care. The Government and
    NGOs continued to make a strong effort to educate men and women equally
    in the diagnosis and treatment of sexually transmitted infections,
    including HIV.
        The Government has no policy to forcibly sterilize HIV-positive
    women. However, during the year the 2008 forced sterilization case
    filed by 15 women (now 16) reached the High Court. The case began in
    2008, when 15 women filed suit against the Government after they were
    allegedly sterilized against their will by doctors performing their
    caesarean sections at state hospitals. Each of the 16 plaintiffs was
    suing the Government for 1.2 million Namibian dollars ($171,000) in
    damages for breach of duty by the medical staff employed in state-run
    hospitals and for discrimination due to the women's HIV-positive
    status. Attorneys for the Government claimed the women gave written
    consent to be sterilized before the procedures were carried out. The
    plaintiffs, who admit signing consent forms, charged that they were not
    properly informed of the consequences.
        The law prohibits discrimination, including employment
    discrimination; however, men dominated positions in upper management in
    both the private and the public sectors. The Ministry of Labor and
    Social Welfare and the Employment Equity Commission, which report to
    the minister of labor, were responsible for problems involving
    discrimination in employment; however, neither was effective due to the
    backlog of cases.
        The law prohibits discriminatory practices against women married
    under civil law, but women who married under customary law continued to
    face legal and cultural discrimination. Traditional practices that
    permitted family members to confiscate the property of deceased men
    from their widows and children continued. The custom by which a widow
    or widower married the brother or sister of the deceased to ensure that
    the surviving spouse and children were cared for was still practiced in
    some areas of the country. A University of Namibia study based on data
    collected in 2002 found that the practice of widow inheritance
    (levirate) and widower inheritance (sororate) were still common among
    the Owambo, Herero, Lozi, and to a lesser extent the Kavango.
        The Ministry of Gender Equality and Child Welfare was responsible
    for advocating for women's rights. The Ministry of Justice's Law Reform
    and Development Commission advocated for women's rights in legislation.

        Children.--The constitution provides for citizenship by birth
    within the country's territory or from one's parents. According to a
    2006 survey conducted by the Government, approximately 40 percent of
    children--many of whom were born at home in rural areas--did not
    possess birth certificates, which are necessary to apply for social
    grants. Although prohibited by law, teachers in regions bordering
    Angola, Zambia, Zimbabwe, and Botswana reportedly often refused to
    teach children who could not prove their citizenship. Mothers who
    delayed registration often faced a difficult process and long delays,
    particularly if parents had died and death certificates or other needed
    documents had never been obtained.
        Efforts by the Ministry of Home Affairs and Immigration, in
    partnership with the UN Children's Fund (UNICEF), to provide birth
    certificates for newborns at clinics and hospitals throughout the
    country increased birth registration levels for children under five
    years old from 67.4 percent in 2007 to 75 percent during the year.
    During this period the Government, in conjunction with UNICEF, also
    opened 21 hospital-based birth registration facilities at all large
    hospitals and 22 subregional offices primarily in rural areas. The
    Government also deployed mobile units to towns and villages countrywide
    to facilitate the issuance of birth certificates and identity documents
    and registered an additional 39,000 children between 2008 and 2009. The
    project primarily focused on orphans and vulnerable children; however,
    the mobile units also targeted San children, and NGOs reported a
    decrease in San complaints of being unable to obtain proper
    identification documents.
        Although the constitution provides children until the age of 16
    with the right to compulsory, free, and universal primary and junior
    secondary education (grades one through 10), the numerous fees--
    including for uniforms, books, boarding costs, and school improvement--
    placed a heavy burden on poor families and precluded some children from
    attending. For example, in September The Namibian reported that school
    principals in the town of Okahandja refused to enroll first grade
    students whose parents had not paid their school fees in full. The
    schools were eventually instructed by the Ministry of Education to
    register the students. In general, more girls than boys were enrolled
    in secondary schools. Many San children and children from destitute
    families did not attend school, but the Government continued to provide
    mobile schools for children who lived in semi-permanent settlements.
        Child abuse was a serious problem, and authorities vigorously
    prosecuted crimes against children, particularly rape and incest.
    According to police records and media reports, at least 800 children
    and juveniles were killed, raped, or assaulted during the year.
        The law protects children less than 18 years of age by
    criminalizing the actions of the client or pimp in cases of sexual
    exploitation, child pornography, and child prostitution. The minimum
    legal age for consensual sex is 16, and the penalty for statutory rape
    is a minimum of five years in prison. No law specifically prohibits
    child pornography. The Government continued to provide training for
    police officials to improve the handling of child sex abuse cases.
    Centers for abused women and children worked to reduce the trauma
    suffered by abused children.
        Some child prostitution occurred without third-party involvement as
    a means of survival among HIV/AIDS orphans and other vulnerable
    children. The growing number of HIV/AIDS orphans increased the
    vulnerability of children to sexual abuse and exploitation.
        Female genital mutilation was rarely practiced. The women's rights
    organizations Sister Namibia and the Women's Leadership Center
    continued to condemn cultural practices of initiation sex for young
    girls, dry sex (the practice of applying astringents to the vagina
    before sexual intercourse to enhance male pleasure), the stretching of
    the labia minora, widow inheritance, and marital rape.
        During the year there were numerous cases in which parents, usually
    young mothers, abandoned and sometimes killed newborns for whom they
    believed they were not able to care.
        The law prohibits marriage before the age of 18; however, child
    marriage occurred.
        During the year the Government continued to take several steps to
    provide medical care, school fees, social grants, and other assistance
    to HIV/AIDS orphans and other vulnerable children.
        The country is not a party to the 1980 Hague Convention on the
    Civil Aspects of International Child Abduction. For information on
    international parental child abduction, please see the Department of
    State's annual report on compliance at http://travel.state.gov/
    abduction/resources/congressreport/congressreport--4308.html.

        Anti-Semitism.--There was a very small Jewish community and no
    reports of anti-Semitic acts.

        Trafficking in Persons.--For information on trafficking in persons,
    please see the Department of State's annual Trafficking in Persons
    Report at www.state.gov/g/tip.

        Persons With Disabilities.--While discrimination on the basis of
    disability is not addressed in the constitution, the law prohibits
    discrimination against persons with physical and mental disabilities in
    employment, health care, education, or the provision of any state
    services. Enforcement in this area was ineffective, and societal
    discrimination persisted.
        The Government does not require special access to public buildings,
    and some ministries remained inaccessible. However, during the year the
    Government continued to require that all new government buildings
    include ramps. In addition, some street corners in the capital were
    outfitted with special signal crossings for the visually impaired. In
    September the chief executive officer of the City of Windhoek toured
    the city in a wheelchair to test the city's accessibility for persons
    with disabilities. While he found that most establishments catered
    sufficiently to persons with special needs, he recommended some
    changes, such as lowering the height of customer counters.
        The Office of the Prime Minister's Disability Advisory Unit was
    responsible for assisting persons with disabilities.
        During the year there were reports that two albino persons were
    killed and that their body parts were missing or mutilated, factors
    consistent with ritual killings. No arrests had been made by year's
    end.

        National/Racial/Ethnic Minorities.--Despite constitutional
    prohibitions, societal, racial, and ethnic discrimination persisted.
    Some citizens continued to accuse the Government of providing more
    development assistance and professional opportunities to the majority
    Ovambo ethnic group. The media occasionally carried reports of farm
    workers, mostly black, suffering discrimination in remote areas by
    mostly white farm owners.

        Indigenous People.--The San, the country's earliest known
    inhabitants, historically have been exploited by other ethnic groups.
    By law all indigenous groups participate equally in decisions affecting
    their lands, cultures, traditions, and allocations of natural
    resources; however, the San and other indigenous citizens, such as the
    Ovatue, have been unable to exercise these rights fully as a result of
    minimal access to education, limited economic opportunities, and their
    relative isolation. Indigenous lands were effectively demarcated but
    poorly managed. On August 9, the country observed for the first time
    the International Day of the World's Indigenous People, to promote and
    protect the rights of indigenous populations. NGOs such as the Working
    Group of Indigenous Minorities and Southern Africa and the LAC helped
    San communities assert their basic human rights during the year.
        The Government has authority to confer recognition or withhold it
    from traditional leaders even in opposition to local preference. This
    authority was controversial because of local leaders' influence on
    local issues, including local police powers. There were continued
    allegations that the Government withheld recognition from traditional
    leaders for political reasons.

        Societal Abuses, Discrimination, and Acts of Violence Based on
    Sexual Orientation and Gender Identity.--The law does not prohibit
    homosexual conduct; however, sodomy between males is illegal, and the
    practice of homosexual activity was discouraged.
        Unlike in previous years, there were no reports that politicians
    made derogatory public comments about the lesbian, gay, bisexual, and
    transgender (LGBT) community.
        In May the LGBT community held a march to protest the sentencing of
    a gay couple in Malawi; police provided an escort. However, Out-right
    Namibia, an organization that advocates for LGBT rights, reported that
    police generally did not take complaints of violence against LGBT
    persons seriously. Out-right Namibia claimed police often ridiculed
    LGBT persons when they reported cases of abuse.
        Societal discrimination against the LBGT community continued. In
    July the company Cash Crusaders denied employment to Annanias ``Tingy''
    Haufiku, a transvestite. The company manager allegedly told Haufiku the
    company did not employ ``mofies'' (gays). The LAC filed a case on
    Haufiku's behalf, and it continued at year's end.

        Other Societal Violence or Discrimination.--Societal discrimination
    against and stigmatization of persons living with HIV/AIDS remained a
    problem. However, unlike in the previous year, there were no reports of
    employment discrimination based on HIV/AIDS status. The Government
    supported the work of the Namibia Business Coalition against HIV/AIDS
    to eliminate discrimination in the work place.
        In July the state lifted travel restrictions that barred persons
    with HIV from entering, staying, or seeking residence in the country;
    the statute had not been enforced.
        The trial of 16 HIV-positive women who claimed they were sterilized
    against their will by doctors performing their caesarean sections at
    state hospitals continued at year's end (see section 6, Women).
    Section 7. Worker Rights

        a. The Right of Association.--The constitution provides for the
    right to form and join trade unions without previous authorization or
    excessive requirements, and the Government generally enforced this law;
    however, workers in essential services were prohibited from joining
    unions. Approximately 25 percent of employees in the formal sector
    belonged to some form of union or employers' organization, while almost
    4 percent of unemployed persons belonged to such organizations. Workers
    were not required to join employers' organizations.
        The labor code provides for the protection of all workers, but farm
    workers and domestic servants working on rural and remote farms often
    did not know their rights, and in attempting to organize these workers
    unions experienced obstacles, such as being prohibited from entering
    commercial farms. As a result, some farm workers reportedly suffered
    abuse by employers such as poor access to health care. During the year
    the Government continued efforts to train labor inspectors and educate
    workers on their rights.
        Except for workers in public health, safety, and other essential
    services, workers have the right to strike once conciliation procedures
    are exhausted and 48 hours' notice has been given to the employer and
    labor commissioner. Strike action can be used only in disputes
    involving specific worker interests, such as pay raises. Disputes over
    worker rights, including dismissals, must first be submitted to
    conciliation and are then referred to a labor court for arbitration if
    conciliation is unsuccessful. The law protects workers engaged in legal
    strikes from unfair dismissal. The law also specifically protects both
    union organizers and striking workers from retaliation by employers;
    however, the scarcity of judges and lack of expertise in labor law
    caused lengthy and unnecessary delays in such cases.

        b. The Right to Organize and Bargain Collectively.--The law
    provides employees with the right to bargain individually or
    collectively and to recognize the exclusive collective bargaining power
    of the union when a majority of the workers are members of that union;
    workers exercised these rights in practice. Collective bargaining was
    not practiced widely outside the mining, construction, agriculture, and
    public service sectors. Almost all collective bargaining was at the
    workplace and company level. The Ministry of Labor continued to cite
    lack of information and basic negotiation skills as factors hampering
    workers' ability to bargain with employers successfully. The majority
    of trade unions were officially affiliated with SWAPO, which many
    argued limited their independence in promoting worker rights.
        The law provides for arbitration and conciliation to resolve labor
    disputes more quickly. In 2009 the Supreme Court declared
    unconstitutional a provision in the 2007 Labor Act that prohibited
    employers from hiring third-party temporary or contract workers
    (``scabs''). During the year the Government began to make changes to
    the law to regulate private employment agencies.
        The law prohibits antiunion discrimination, and there were no
    instances of companies failing to reinstate workers who were fired for
    legal union activities.
        There are export processing zones (EPZs) at the Walvis Bay and
    Oshikango industrial parks and a number of single-factory EPZs outside
    of these parks. The law applies to EPZs, and unions have been active in
    the EPZs since their establishment.

        c. Prohibition of Forced or Compulsory Labor.--Although the law
    prohibits forced or compulsory labor, including by children, it
    occurred. There continued to be media reports that farm workers on
    communal farms and domestic workers often received inadequate
    compensation for their labor and were subject to strict control by
    employers, including physical punishment and prolonged work hours.
    Given the Ministry of Labor's resource constraints in vehicles, budget,
    and personnel, as well as difficulty in gaining access to some large
    communal and family-owned commercial farms and private households,
    labor inspectors sometimes found it difficult to investigate possible
    labor code violations. Also see the Department of State's annual
    Trafficking in Persons Report at www.state.gov/g/tip

        d. Prohibition of Child Labor and Minimum Age for Employment.--The
    law provides that persons found guilty of employing children can face a
    maximum fine of 20,000 Namibian dollars ($2,860) and/or up to four
    years' imprisonment; however, child labor continued to be a problem.
    The minimum age for employment is 14, with higher age requirements for
    night work and in certain sectors such as mining and construction. The
    minimum age was inconsistent with the age for completing education
    requirements. Children worked mostly on private and commercial farms,
    herded livestock, worked as child minders or domestic servants, and
    worked in family businesses. Some children assisted parents working in
    the charcoal industry. There continued to be media reports that
    children on communal farms and domestic workers were subject to strict
    control by employers, including physical punishment, excessive work
    hours, and not being allowed to attend school.
        Sectors in which children were involved in the worst forms of child
    labor included agriculture and livestock, domestic service, charcoal
    production, and the commercial sex industry sectors. In 2009 the
    Ministry of Labor carried out investigations around the country of
    suspected incidents of child labor in the agricultural sector. The
    investigations exposed more than 111 child labor cases, and the guilty
    employers were issued compliance orders. Those employers who failed to
    comply within 30 days were expected to face criminal charges and
    prosecution. Smaller-scale labor inspections continued on a regular
    basis. There were no prosecutions by year's end.
        The Ministry of Gender Equality and Child Welfare continued to
    conduct several programs aimed at encouraging parents and guardians to
    allow children to attend school.
        The Government does not have a separate institution to implement
    and enforce child labor laws, but it generally used regular labor
    inspections as well as other monitoring mechanisms for orphans and
    other vulnerable children. Enforcement was limited. There were 36 labor
    inspectors, and all were trained in identifying the worst forms of
    child labor; however, no inspector focused exclusively on children's
    services.
        The Government had several programs aimed at supporting children to
    stay in school and away from the labor market. The Ministry of Gender
    Equality and Child Welfare and the Ministry of Health and Social
    Services coordinated welfare programs for orphans, including those
    affected by HIV/AIDS, by providing grants and scholarships to keep them
    in school. In partnership with the International Labor Organization,
    the Government also participated in a four-year program to withdraw and
    prevent children from exploitive labor in agriculture and adult-coerced
    criminal activity. The Government continued to distribute a
    comprehensive guide on the newly implemented labor law, which included
    a section on child labor. The Government also continued to work with
    NGOs such as Project Hope to assist victims of child labor.

        e. Acceptable Conditions of Work.--There was no statutory minimum
    wage law, but the mining, construction, security, and agricultural
    sectors set basic levels of pay through collective bargaining. Average
    wages for unskilled workers did not provide a decent standard of living
    for a worker and family, especially since the average wage earner
    supported an extended family. Wage levels for the less educated
    majority remained very low.
        The standard legal workweek is 45 hours with at least one 36-hour
    rest period per week. An employer may require no more than 10 hours per
    week of overtime, and the law requires premium pay for overtime work.
    The law mandates 24 workdays of annual leave per year, at least 36
    workdays of sick leave over a three-year period, and three months of
    maternity leave paid by the employer and the Social Security
    Commission. However, the Ministry of Labor did not always enforce these
    provisions.
        Concerns continued that Chinese firms failed to adhere to the labor
    code, in part by allegedly hiring and firing workers at will, ignoring
    occupational health and safety measures, failing to pay established
    minimum wages and benefits in certain industries, failing to respect
    work-hour regulations for public holidays and Sundays, and requiring
    construction workers to sleep on site. Investigations into such
    allegations continued at year's end.
        The Ministry of Labor and Social Welfare mandates occupational
    health and safety standards, and the Labor Act empowers the president
    to enforce these standards through inspections and criminal penalties.
    Inspections occurred proactively, reactively, and at random; however,
    the Government did not always enforce labor laws effectively. The
    Ministry of Labor lacked an adequate number of trained inspectors to
    monitor adherence, especially in small family-owned operations. The law
    requires employers to ensure the health, safety, and welfare of their
    employees. It provides employees with the right to remove themselves
    from dangerous work situations; however, some workers could not
    exercise this right in practice. Migrant workers often did not enjoy
    the same rights as citizens.

                                   __________

                                     NIGER

        Niger, a republic with a population of approximately 15 million, is
    in transition toward restoring a democratic government following the
    February military seizure of power that deposed former president
    Mamadou Tandja and his government. Tandja's presidential mandate ended
    in December 2009 after serving two consecutive five-year terms;
    however, he attempted during 2009 to manipulate political events to
    prolong his rule. Tandja replaced the 1999 constitution, which he could
    not amend legally, with one that gave more power to the presidency and
    removed term limits. Disregarding the formal ruling of Niger's
    Constitutional Court and prodemocracy complaints from the civil society
    and political parties, Tandja conducted a costly referendum resulting
    in a new constitution without term limits and a new Sixth Republic that
    consolidated presidential powers. The Economic Community of West
    African States (ECOWAS) designated a mediator to try to end the
    political crisis; however, three rounds of discussions failed to break
    the impasse. On February 18, a military junta deposed Tandja and
    announced that a new provisional government would be led by the Supreme
    Council for the Restoration of Democracy (CSRD). The CSRD invalidated
    Tandja's constitution, dismissed his appointees, and stated its
    intention to move promptly to restore democracy, through elections.
    Under CSRD rule, security forces did not report to civilian
    authorities.
        Human rights abuses included extrajudicial killings and use of
    excessive force by security forces, poor jail and prison conditions,
    arbitrary arrest and detention, prolonged pretrial detention, executive
    interference in the judiciary, restrictions on press freedom, forcible
    dispersal of demonstrators, restrictions on freedom of movement,
    official corruption and impunity, societal discrimination and violence
    against women, female genital mutilation (FGM), trafficking in persons,
    slavery, and child labor.
        The armed conflict between the Government and the Tuareg in
    northern Niger ended following a 2009 peace arrangement brokered by
    Libya. The subsequent surrender of arms by Tuareg groups was followed
    by the lifting of the state of alert in the North. During the year
    there were reports of sporadic acts of ``banditry'' on main roads and
    incursions by members of al-Qaida in the Lands of the Islamic Maghreb
    (AQIM) into Nigerien territory. Between March 9 and 21, various
    delegations from the Tuareg rebel groups including the Movement of
    Nigeriens for Justice, the Nigerien Patriotic Front, and the Front of
    Forces for Rectification met with the CSRD president; they reaffirmed
    their commitment to work on sustaining peace, to follow through on
    commitments made during negotiations, and to help strengthen national
    unity. They urged the CSRD president and the Transition Government of
    Niger (TGON) to complete the 2009 peace process.
                            respect for 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 CSRD and the TGON or its agents committed any
    arbitrary or unlawful killings; however, there were reports that three
    security agents died during the February power seizure.
        On November 8, the ECOWAS Court of Justice held hearings on the
    TGON's investigation into the army's 2007 killing of six civilians and
    an off-duty police officer near Tiguidit. At year's end, a verdict was
    pending.
        Disputes between herders and farmers over land rights and grazing
    areas continued and resulted in several deaths. Additionally, armed
    bandits and bands of AQIM militants attacked Nigerien and foreign
    travelers in northern Niger.
        On June 27, a group of armed individuals, reportedly from Mali,
    attacked a herders' camp near Tirzawan. Four of the attackers were
    killed. They returned on July 4, resulting in the death of one herder
    and one attacker, several injuries, and stolen livestock.
        On July 8, another group raided a camp near Tirzawen. They
    slaughtered an estimated 10 cows and bulls and took away several
    others. They also kidnapped three community members (Gordi, Moussa
    Zouli, and Gagou Dali) who were released in August following the
    intervention of Nigerien officials. On July 14, Daoudoua camp herders
    (in the same area) reported that three of their peers (Ali Gueno,
    Djimraou, and Djodi) had been kidnapped along with their animals.
    Kidnappers killed all three hostages, and the bodies of two were found
    near the Malian village of Deloumane.
        On August 5, several armed bandits, reportedly coming from Mali on
    motorcycles, attacked the nomad camp of Tintakaret and stole several
    hundred head of livestock and other valuables.
        There were no developments in the 2009 killings of seven passengers
    near Bani Bangou, Tillabery, 13 herders in the same area, as well as
    the death of one young man and three persons in a nomad camp.
        On September 3, the Government announced that security forces
    arrested a group of 15 bandits who attacked the village of Tafougue and
    stole 12 camels. Security forces seized several weapons and ammunition
    and recovered seven camels.
        On March 8, the Government reported that a group of individuals
    (later identified as AQIM members) attacked the military outpost of
    Tiloa, near the border with Mali, in the Tillabery Region. Assailants
    killed five government soldiers, destroyed one army vehicle, and stole
    another. The army reported that it killed three assailants and
    destroyed one of their vehicles.
        On April 11, armed bandits attacked several trucks transporting
    goods near Agadez, killing two passengers. Nine others suffered minor
    injuries. The criminals stole a large sum of money. Security forces
    were deployed to track the bandits, but there were no reports of
    arrests.
        On May 11, unidentified armed persons opened fire on a vehicle
    transporting four employees of a mining company near the northern town
    of Arlit. They killed one passenger, took a weapon, and stole the
    vehicle.

        b. Disappearance.--Although there were no reports of politically
    motivated disappearances, on April 22, armed men later identified as
    AQIM militants, kidnapped Michel Germaneau, a French national, and
    Ouaghi Abidine, his Algerian aide, near the town of Tiguidan Tessoum,
    near the borders with Algeria and Mali. Despite efforts to track the
    assailants, the kidnappers were able to take the hostages to northern
    Mali. AQIM released Abidine on April 29 but executed Germaneau on July
    25.
        On September 16, AQIM abducted five French, a Togolese, and a
    Malagasy who worked for the French uranium mining company Areva in
    Arlit, Agadez Region. The hostages were taken to northern Mali, where
    they were presumed to be held at year's end.
        Investigations continued into the December 2009 murder of Saudi
    citizens by armed individuals near Tillabery. In addition to those
    detained in Niamey, other individuals found in possession of the
    victims' belongings were arrested and jailed in Agadez. In August the
    investigating judge traveled to Saudi Arabia to record testimony from
    the two Saudis who escaped the attack and from the families of the
    deceased.

        c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
    Punishment.--The constitution and law prohibit such practices; however,
    there were reports that security forces beat civilians and that the
    police forcibly dispersed and injured demonstrators.
        On January 19, gendarmerie cadets stormed Koira Tegui village near
    Niamey and beat at least 10 civilians following a brawl between one of
    their colleagues and a villager. While there were reports that
    gendarmerie officials tried to stop the incident, there was no
    indication that villagers filed complaints or that any action had been
    taken against the gendarmes.

        Prison and Detention Center Conditions.--At year's end, there were
    38 penitentiaries with a total of approximately 7,000 detainees with an
    estimated 3.2 percent (224) of them female. Prison conditions were poor
    and life threatening. Prisons were underfunded, understaffed, and
    overcrowded. The Niamey Civil Prison, a facility built for 350, held
    750 inmates, including 460 awaiting trial. Pretrial detainees were held
    with convicted prisoners.
        Although family visits were allowed and prisoners could receive
    supplemental food, medicine, and other items, nutrition, sanitation,
    and health conditions were poor, and deaths occurred from HIV/AIDS,
    tuberculosis, and malaria. Prisoners and detainees had reasonable
    access to visitors and were permitted religious observance; all
    penitentiaries had places of worship. Authorities permitted prisoners
    and detainees to submit complaints to judicial authorities without
    censorship. Judicial authorities and the Government Observatory on
    Human Rights and Fundamental Liberties (ONDHLF) investigated and
    monitored prison and detention center conditions and credible
    allegations of inhumane conditions; public and private media covered
    their visits.
        There were reports of corruption among prison staff (see section
    4).
        Human rights observers, including the International Committee of
    the Red Cross (ICRC), the ONDHLF, human rights groups, and media
    representatives were granted unrestricted access to prisons and
    detention centers and conducted visits during the year. ICRC visits
    were conducted in accordance with its standard modalities.
        The ONDHLF and human rights groups make recommendations to the
    Government on alternatives to incarceration for nonviolent offenders.
    The Government established a law on the implementation of ``general
    interest work'' programs in juvenile courts.
        On April 19, the Ministry of Justice, in partnership with the
    Project to Support Justice and the Rule of Law, chaired a training
    session for prison wardens, bailiffs, and other penitentiary staff on
    penitentiary regulations, budget management, human resources
    management, security, and conflict management.

        d. Arbitrary Arrest or Detention.--The constitution and law
    prohibit arbitrary arrest and detention, and the law prohibits
    detention without charge in excess of 48 hours; however, police
    violated these provisions.

        Role of the Police and Security Apparatus.--The armed forces, under
    the Defense Ministry, are responsible for internal and external
    security. The gendarmerie, also under the Defense Ministry, has primary
    responsibility for rural security. The National Guard, under the
    Interior Ministry, is responsible for domestic security and the
    protection of high-level officials and government buildings. The
    national police, also under the Interior Ministry, are responsible for
    urban law enforcement.
        The police were ineffective, largely due to a lack of basic
    supplies such as vehicle fuel, radios, and other investigatory and law
    enforcement equipment. Patrols were sporadic, and emergency response
    time in Niamey could take 45 minutes. Police training was minimal, and
    only specialized police units had basic weapons-handling skills.
    Citizens complained that security forces did not adequately police
    border regions and remote rural areas. Corruption remained an ongoing
    problem. The gendarmerie is responsible for investigation of police
    abuses; however, police impunity was a widespread problem.

        Arrest Procedures and Treatment While in Detention.--The
    constitution and law require a warrant for an arrest, and this
    generally was observed in practice. Judges and prosecutors weigh
    evidence and issue warrants accordingly. Although there is an
    independent judiciary, there were reports of persons being detained
    without clear charges. The law allows individuals to be detained for an
    initial period of 48 hours without charges, and an additional 48 hours
    if police need more time to gather evidence. Detainees have a right to
    prompt judicial determination, and this generally occurred in practice.
    Security forces usually informed detainees of the charges against them
    promptly; however, detainees involved with sensitive cases were
    sometimes held longer than legally permitted. There is a functioning
    bail system for crimes carrying a sentence of less than 10 years. Those
    arrested must be notified of their right to a lawyer within 24 hours,
    and law enforcement officials generally observed this practice.
    Indigents are usually provided a lawyer by the Government. Widespread
    ignorance of the law and lack of financial means prevented many from
    fully exercising their right to an attorney and the bail system.
        Security forces arrested and detained a journalist and political
    leaders during the year.
        On February 18, former president Tandja and key members of his
    cabinet were deposed and arrested following a military seizure of
    power. Tandja was placed under house arrest and continued to be held in
    a government guest house at year's end. The former prime minister and
    the ministers of interior, justice, economy and finance, mining and
    industry, and equipment were detained at military barracks for several
    days, then released and placed under house arrest. The CSRD
    subsequently lifted the house arrest measure for all except the former
    minister of interior, Albade Abouba.
        On March 15, police detained for questioning former minister of
    communication and government spokesman Moctar Kassoum. On March 7,
    Kassoum had stated that Tandja's detention could create ``hatred'' and
    the junta ``could not deny certain citizens their freedoms, leave
    others free, and talk of reconciliation.'' On March 14, a new pro-
    Tandja organization led by Kassoum issued a public statement calling
    for release of Tandja and Albade for the sake of ``national
    reconciliation.'' Kassoum was released on March 18.
        At the end of March, police held at least 17 former ministers and
    general managers of state-owned enterprises for questioning. On March
    30, police denied the detainees access to lawyers. On April 2, the
    police released 14 of them, but kept many under house arrest and
    surveillance for an additional five days. The other three were released
    a few days later.
        On March 29, the police jailed Rhissa Ag Boula, former minister and
    rebel Tuareg leader. Reportedly, his arrest was based on a previous
    final court decision (and therefore not related to other detentions
    during the same period) concerning the killing of an Agadez regional
    political leader. In 2008 the Niamey Court of Appeals sentenced Rhissa
    to death in his absence for ordering the killing. Authorities released
    Rhissa on July 5 and allowed him to leave the country. On December 4,
    the Niamey Court of Appeals acquitted Rhissa.
        On October 15, security forces arrested Colonel Abdoulaye Badie,
    former CSRD permanent secretary; Colonel Abdou Sidikou Issa, National
    Guard Commander; Colonel Amadou Diallo, minister of equipment; and
    Colonel Aboubacar Amadou Sanda. On October 20, police arrested former
    director of state intelligence Seyni Chekaraou. According to the CSRD,
    all of those arrested had been involved in activities aimed at
    destabilizing the regime. On November 17, security forces arrested
    Colonel Hassane Mossi, air force chief of staff. On November 26, they
    arrested Lieutenant Issaka Abdou, an aide to the CSRD president. While
    Chekaraou and Abdou were released a few days after their detention, the
    five other officers remained in detention at year's end.
        The three former National Assembly deputies and two administrative
    staff jailed in September 2009 were released following the February
    military seizure of power. However, in October the Niamey Appeals Court
    prosecutor-general annulled all existing proceedings against former
    parliamentarians and referred the case to a lower court to restart
    legal proceedings. The judge was expected to determine whether a new
    prosecution of the former National Assembly deputies would take place.
    A decision was pending at year's end.
        Police occasionally conducted sweeps to detain suspected criminals.
        There were serious backlogs in the judicial system. Although the
    law provides for maximum pretrial confinement of 30 months for serious
    crimes and 12 months for minor offenses (with special extensions in
    certain sensitive cases), some detainees waited as long as six years to
    be tried. During the year 60 percent of the prisoners in Niamey's Civil
    Prison were awaiting trial. Trial delays were caused by lengthy legal
    procedures, inadequate resources, staff shortages, and corruption.

        Amnesty.--The constitution provides for an amnesty to cover the
    ``authors, coauthors, and accomplices'' of the February 18 military
    seizure of power. It did not retain the previous constitution's
    provision of amnesty for persons involved in the 1996 and 1999 coups.
    As a consequence, family members of slain president Bare lodged a
    complaint with the Tribunal of First Instance of Niamey in order to
    bring to justice those involved in the murder.

        e. Denial of Fair Public Trial.--Although the constitution and law
    provide for an independent judiciary, the executive branch sometimes
    interfered with the judicial process. Corruption and inefficiency were
    problems. Judges sometimes feared reassignment to lower positions or to
    remote areas of the country if they rendered a decision unfavorable to
    the Government. In civil matters, there were reports that family and
    business ties influenced lower court decisions. In some instances,
    judges granted provisional release pending trial to high-profile
    defendants, who were seldom called back for trial, had complete freedom
    of movement, and could leave the country.
        Customary courts and traditional mediation do not provide the same
    legal protections as the formal court system. Traditional chiefs can
    act as mediators and counselors. They have authority to arbitrate many
    customary law matters, including marriage, inheritance, land, and
    community disputes, but not all civil issues. Chiefs received
    government stipends but had no police or judicial powers.
        Customary courts, based largely on Islamic law and local tradition,
    are located only in large towns and cities and try civil law cases. A
    legal practitioner with basic legal training, advised by an assessor
    with knowledge of the traditions, heads these courts. The judicial
    actions of chiefs and customary courts are not regulated by formal law,
    and defendants can appeal a verdict in the formal court system.

        Trial Procedures.--The law affirms the presumption of innocence.
    Trials are public, and juries are used. Defendants have the right to
    counsel, which is at public expense for minors and indigent defendants
    charged with crimes carrying a sentence of at least 10 years. Those
    arrested must be notified of their right to a lawyer within 24 hours of
    detention. Defendants also have the right to be present at trial,
    confront witnesses, and present witnesses on their own behalf. The
    Government has a legal obligation to inform defendants of all evidence
    against them, and defendants have access to government-held evidence.
    Defendants may appeal verdicts, first to the Court of Appeals and then
    to the Supreme Court. However, widespread ignorance of the law
    prevented many accused from taking full advantage of these rights.
        On April 19, the minister of justice officially launched a national
    campaign to disseminate information brochures on citizens' rights and
    obligations. The project, with support from the EU, was expected to
    disseminate 222,000 brochures covering 22 topics such as the court
    system, criminal and civil procedure, child protection before the
    court, divorce or repudiation, rape and sexual harassment,
    administrative redress, labor disputes, and commerce and real estate.
        Women do not have equal legal status with men in customary courts
    and traditional mediation and do not enjoy the same access to legal
    redress.

        Political Prisoners and Detainees.--There were no reports of
    political prisoners or detainees. However, following the February 18
    military seizure of power, Tandja and Abouba remained in detention. On
    June 29, the CSRD president stated that ``the Nigerien people will
    decide how to handle this case.'' International visitors, human rights
    and humanitarian groups, and the families of the detainees were allowed
    access and reported them to be healthy and well-treated. In November
    the ECOWAS Court of Justice ordered Tandja's release. In December the
    TGON lifted Tandja's legal immunity, paving the way for his prosecution
    on embezzlement charges.

        Civil Judicial Procedures and Remedies.--Courts of civil procedure
    exist in each major city. These courts are generally independent and
    impartial, and there is access to seek damages for and cessation of
    human rights violations. These courts hear lawsuits related to civil
    matters and can apply judicial remedies, while a single appellate court
    is responsible for administrative remedies.

        f. Arbitrary Interference With Privacy, Family, Home, or
    Correspondence.--The constitution and law generally prohibit such
    actions, and the Government generally respected these prohibitions;
    however, police may conduct searches without warrants when they have
    strong suspicion that a house shelters criminals or stolen property.
    Section 2. Respect for Civil Liberties, Including:
        a. Freedom of Speech and Press.--Before the military seizure of
    power, the actual autocratic rule imposed by former president Tandja
    included a tailor-made constitution, established a National Assembly,
    judiciary, and a compliant media-regulation body; he restricted basic
    freedoms and curtailed press freedom. After Tandja was deposed, the
    constitution and law provide for freedom of speech and of the press,
    and the Government generally respected these rights in practice.
    Although individuals generally could criticize the Government publicly
    or privately without reprisal, the Government attempted to impede
    criticism.
        Throughout the year, the Government published a daily newspaper.
    There were approximately 45 private newspapers, some of which were
    affiliated loosely with political parties. The private press criticized
    government actions.
        Radio was the most widely accessible medium. A government-owned
    radio station provided news and other programs in French and local
    languages. There were 15 private radio stations; eight were locally
    owned and featured news in local languages. Private radio stations were
    generally less critical of the Government than private newspapers.
        The two government-owned television stations broadcast in French
    and the major national languages. Three private television stations
    broadcast local and foreign programming and also began a daily
    newscast. A fourth private channel broadcast religious programming.
    International channels were available in Niamey.
        The Government did not allow international media to operate freely,
    especially when covering events in the north. BBC World Service was
    available in Niamey and Zinder. Private radio stations carried Voice of
    America and Deutsche Welle.
        On June17, the governor of Agadez summoned Raliou Hamed Assaleh,
    director of Radio Sahara FM, to reprimand him for reopening his radio
    station and starting broadcasts without the governor's authorization.
    Raliou explained that he had received a notification from the National
    Communication Institute (ONC), with a copy to the governor, but the
    latter told him that he needed to inform authorities before proceeding.
    Radio Sahara continued its programs unimpeded.
        On September 19, police summoned Moussa Aksar, editor of the
    independent newspaper L'Evenement regarding interviews he gave to
    foreign press about the September 16 kidnappings from the Areva mining
    site in Arlit. After being questioned and held several hours without
    charge, he was released.
        After Tandja was deposed, independent media were active and
    expressed a wide variety of views without restriction.
        On June 11, the ONC reopened Sahara FM, a private radio station in
    Agadez, which the High Council on Communication closed in 2008 for
    broadcasting interviews with alleged victims of abuse by government
    troops.
        On October 11, the ONC granted new operating licenses for three
    private television stations, four commercial radio stations, and eight
    community radio stations, in addition to six-month license extensions
    for two private television stations and two community radio stations.
        On March 11, the Tribunal of First Instance of Niamey cleared Ali
    Soumana of Le Courrier on all charges in the August 2009 case regarding
    a report that claimed that the National Human Rights and Fundamental
    Liberties Commission misused 350 million CFA ($708,000) allocated for
    oversight of the August 2009 constitutional referendum.
        From March 29 to 31, the Government hosted a forum to discuss ways
    to improve the media climate, including replacing jail sentences with
    fines for press infractions and improving working conditions for
    journalists. The prime minister announced that the CSRD president had
    decided to reopen the ``Maison de la Presse,'' a media center and venue
    for training and seminars, which Tandja's minister of communications
    shut in 2008. On June 4, the Government adopted a new law on the
    decriminalization of press offenses as recommended by the forum. In
    addition to reopening the media center, this law resulted in the
    emergence of a private radio station, allocation of new operating
    licenses, and creation of a voluntary media ethics watchdog.
    Journalists, in turn, created an independent organization to monitor
    all broadcasts and publications to avoid possible abuses of press
    freedom.

        Internet Freedom.--There were no government restrictions on access
    to the Internet or reports that the Government monitored e-mail or
    Internet chat rooms. Although individuals and groups could engage in
    the peaceful expression of views via the Internet, few residents have
    access to it. According to International Telecommunication Union
    statistics for 2008, only approximately 0.5 percent of the population
    used the Internet.

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

        b. Freedom of Peaceful Assembly and Association.--Freedom of
    Assembly.--The constitution and law provide for freedom of assembly;
    however, police forcibly dispersed demonstrators. The TGON retained
    authority to prohibit gatherings under tense social conditions or if
    organizers did not provide 48 hour advance notice.
        On April 12, hundreds of middle and high school students clashed
    with police in Niamey during a demonstration denouncing the
    Government's failure to implement an agreement aimed at improving
    conditions in schools. Several persons suffered minor injuries.
        On August 22, police in Agadez clashed with ``mototaxi'' operators
    who were demonstrating against the arrest of one of their peers.
    Motorcycle operators demonstrated in the streets and burned tires. A
    teargas fragment injured one of the demonstrators. The police arrested
    an estimated 40 protesters but released them the following day.

        Freedom of Association.--Although the law provides for freedom of
    association, political parties based on ethnicity, religion, or region
    are not permitted.
        During the year the Government shut three civil society
    associations.
        In April the minister of interior dissolved the ``Refoundation,
    Restoration, and Respectability'' association led by former minister of
    communication Kassoum.
        On May 10, the minister of interior dissolved the ``Magama
    Foundation'' led by Laraba Tandja, the former first lady.
        On November 2, the minister of interior dissolved the Organization
    of Niger's Consumers led by Nouhou Arzika, a Tandja supporter.

        c. Freedom of Religion.--For a description of religious freedom,
    see the 2010 International Religious Freedom Report at www.state.gov/g/
    drl/irf/rpt.

        d. Freedom of Movement, Internally Displaced Persons, Protection of
    Refugees, and Stateless Persons.--The constitution and law provide for
    freedom of movement within the country, foreign travel, emigration, and
    repatriation; however, the TGON restricted freedom of movement for some
    political leaders.
        Security forces at checkpoints throughout the country monitored the
    movement of persons and goods, particularly near major population
    centers, and sometimes demanded bribes. Transportation unions and civil
    society groups continued to criticize such practices. During the year
    gunmen robbed and killed travelers.
        The Government cooperated with the Office of the UN High
    Commissioner for Refugees and other humanitarian organizations in
    providing protection and assistance to internally displaced persons,
    refugees, returning refugees, asylum seekers, and other persons of
    concern.
        Following the February military seizure of power, several former
    officials were placed under house arrest. In March and April, several
    former ministers and state-owned company managers were placed under
    house arrest and surveillance. All were released by mid-April except
    for former president Tandja and former minister of interior Abouba.
        On May 3, police in Konni stopped a delegation of the Rally for
    Democracy and Progress political party that was traveling upcountry.
    Police, who stated that they received orders from ``high up,'' forced
    the delegation to return to Niamey.
        The law prohibits forced exile, and there were no reports that the
    Government used it.

        Internally Displaced Persons (IDPs).--Famine and floods during the
    year displaced many persons.
        International humanitarian organizations reported that community
    conflict between farmers and herders, and rural communities and
    bandits, especially in northern Tillabery Region, caused displacement.
    In addition there have been reports of sporadic acts of ``banditry'' on
    main roads and incursions by members of AQIM into Nigerien territory.
    Because of the pressures of desertification and population growth on
    subsistence farming and livestock herding, the main activities in this
    region, competition among farmers and herders for limited natural
    resources increased in recent years.
        The Government and humanitarian organizations provided assistance
    for IDPs. On March 5, the TGON appealed to the international community
    for assistance to address the food crisis that affected over half of
    the country's population. On April 2, the TGON announced that,
    especially in the Zinder and Maradi regions, some primary schools were
    totally or partially empty because children had left with their parents
    in search of food.
        In early August, persistent floods caused residents to evacuate
    several districts in Niamey. At least 770 households and 500 hectares
    of farmland were affected, leaving an estimated 6,000 individuals
    without shelter. Local authorities, with the help of humanitarian
    organizations, resettled displaced flood victims in public buildings
    and other shelters. Heavy rains in Goure, Zinder, left approximately
    11,000 residents homeless.

        Protection of Refugees.--The laws do not provide for granting
    asylum or refugee status in accordance with the 1951 Convention
    relating to the Status of Refugees or the 1967 Protocol, and the
    Government has not established a system for providing protection to
    refugees. In practice the Government did not routinely grant refugee
    status or asylum, but provided protection against the expulsion or
    return of refugees to countries where their lives or freedom would be
    threatened on account of their race, religion, nationality, membership
    in a particular social group, or political opinion. During the year the
    Government also provided temporary protection to approximately 350
    individuals who may not qualify as refugees under the 1951 Convention
    or the 1967 Protocol.
    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. Following the February 18 military seizure of
    power, the CSRD implemented a constitution under which citizens
    exercised this right in free and fair elections based on universal
    suffrage, beginning with the October 31 constitutional referendum.
    National elections are scheduled for the first quarter of 2011.

        Elections and Political Participation.--The CSRD, which assumed
    executive and legislative powers after deposing Tandja and his cabinet
    in February, established the TGON, which included a largely civilian
    cabinet, a National Consultative Council in lieu of the dismissed
    parliament, a Transition Constitutional Council in place of the
    dissolved Constitutional Court, a State Court in lieu of the dissolved
    Supreme Court, an Audit Court, a National Communication Observatory in
    place of the High Council on Communication, and a Fundamental Texts
    Committee charged with drafting a new constitution, electoral code,
    political parties charter, statutes of the opposition, and other laws.
        The new constitution and other relevant statutes, which were
    drafted through a consultative process involving political parties,
    civil society organizations, traditional and religious leaders, women
    and youth groups, business representatives, academics, and other
    resource persons, was designed to provide the country with new and
    strengthened democratic institutions. Transition authorities also
    revamped the Independent National Electoral Commission, which prepared
    the timeline and budget for a constitutional referendum and a series of
    elections.
        On November 25, the CSRD president enacted the new constitution
    that voters approved on October 31 via a referendum that international
    observers described as generally free and fair, despite minor
    difficulties on polling day. The only irregularities were logistical
    problems delivering materials to polling places on time. Local
    elections were scheduled for January 8, 2011, and first-round
    presidential elections in conjunction with parliamentary elections for
    January 31. Second-round runoff presidential elections (if required)
    are scheduled for March 12, 2011, and inauguration of the new president
    is scheduled to take place on April 6, 2011.
        Political parties operated without restriction or outside
    interference. Individuals and political parties could freely declare
    candidacies and stand for election.
        The law mandates that women fill at least a quarter of senior
    government positions and at least a tenth of elected seats. There were
    five female ministers in the 21-member transition cabinet and five of
    the country's 20 ambassadors were women.
        All major ethnic groups were represented at all levels of
    government. There were eight seats in the dissolved National Assembly
    designated for representatives of ``special constituencies,''
    specifically ethnic minorities and nomadic populations.
    Section 4. Official Corruption and Government Transparency
        The law provides criminal penalties for official corruption;
    however, the Government did not implement the law effectively, and
    officials often engaged in corrupt practices with impunity. The World
    Bank's most recent Worldwide Governance Indicators reflected that
    corruption was a severe problem. The Government publicly acknowledged
    corruption as a problem.
        Civil servants sometimes demanded bribes to provide public
    services. A poorly financed and trained law enforcement system and weak
    administrative controls compounded corruption. Other underlying causes
    were poverty; low salaries; the politicization of the public service;
    the influence of traditional kinship, ethnic, and family ties on
    decision making; a culture of impunity; and a lack of civic education.
        There were reports of corruption among prison staff. Officials
    demanded bribes to let prisoners leave prison for the day and serve
    their sentences in the evenings or serve their sentences in the
    national hospital in Niamey.
        On April 15, the TGON created the State Audit Court to sanitize
    public finances and to provide for transparency in the management of
    public funds. The court oversees the management of all government
    agencies and development projects funded by external resources, as well
    as the implementation of the budget. It also oversees the accounts of
    political parties and government officials' statements of personal
    assets submitted to the Constitutional Court. If requested by the
    National Assembly, the State Audit Court will conduct investigations
    regarding the implementation of public revenues and expenses. The court
    also has authority to sanction any fraud in the management of public
    resources.
        On May 11, the CSRD president signed a decree creating the
    Commission on Economic, Financial, and Fiscal Crime. The commission,
    which includes customs, treasury, and imports inspectors; military
    officers; judges; labor union representatives; managers; and
    accountants, was intended to combat economic, financial, and fiscal
    delinquency and promote good governance through proper management of
    public resources. It is responsible for processing administrative
    investigations, reviewing economic and fiscal reports, processing
    inspection reports from all levels of government, using audits to
    recover money owed to the state and its agencies, and making
    recommendations and proposing measures for ``cleansing'' and improving
    the management of property of the state and its agents. The commission
    was charged with investigating at least 50 high-profile, corrupt,
    mismanaged, and delinquent accounts nationwide. By year's end, the
    commission had determined that 64 billion CFA ($129 million) was owed
    over the 2000-10 period, and had collected approximately five billion
    CFA ($10 million). Of the missing funds, 57 billion CFA ($115 million)
    was due to embezzlement and seven billion CFA ($14 million) was due to
    unpaid taxes. The commission transferred 34 of the 50 cases to the
    courts for further investigation, prosecution, and trial.
        On June 15, police detained former president Mamadou Tandja's son
    Hadia Toulaye Tandja, Manager of Multimedia Communications Ibrahim
    Hamidou, former minister of mines Mohamed Abdoulahi, and former
    Ministry of Mines secretary general Massalabi Oumarou in connection
    with this case. On June 18, the Tribunal of First Instance of Niamey
    arraigned Hadia Toulaye Tandja for influence peddling and money
    laundering and the other three for complicity; the judge ordered their
    transfer to prison. Hadia Toulaye Tandja and Abdoulahi were detained at
    Say prison, Hamidou at Koutoukale, and Oumarou at Niamey. No trial date
    had been set by year's end.
        On July 8, the TGON created a National Committee for the
    Coordination of Actions relating to Money Laundering and Terrorism
    Financing, in compliance with the Intergovernmental Group for Action
    against Money Laundering and Terrorism Financing in West Africa. The
    committee was charged with formulating a national strategy for the
    fight against money laundering and terrorism financing and to make
    recommendations on improving national policy on these issues.
        On September 11, the minister of justice chaired the installation
    of the Center for Legal Assistance and Citizen Action, created by the
    country's section of Transparency International, with support from the
    EU. The center tries to educate the population on the fight against
    corruption and to assist victims and witnesses of corrupt practices in
    preparing legal complaints.
        On July 29, police detained former prime minister and current
    National Movement for a Development Society party leader and
    presidential candidate Seini Oumarou, former minister of commerce Sala
    Habi, and two other officials of the Ministry of Commerce on charges of
    embezzlement of public funds. On August 2, a judge at the Tribunal of
    First Instance of Niamey arraigned them and released them on bail. At
    year's end, no date had been set for their trial.
        On August 3, police detained former national treasury director
    Siddo Elhadj on charges of illegally granting a waiver that allowed a
    foreign businessman to abscond with two billion CFA ($4.1 million)
    intended as a security deposit in the organization of the 2009 Hajj.
    The judge ordered his transfer to Kollo prison pending his trial at a
    date that had not been determined at year's end.
        On November 23, police detained Amadou Dioffo, director general of
    Sonidep (fuel importation and distribution company) for the
    mismanagement of a government special account for the amount of 3.6
    billion CFA ($7.2 million) opened by Sonidep. On November 28, Dioffo
    appeared before the Tribunal of Niamey, where the judge arraigned him
    and ordered his transfer to Tillabery Prison pending a trial at a date
    that had not been determined at year's end.
        There were no further developments in the July 2009 corruption case
    involving a purported memorandum of agreement between Multimedia
    Communications and one of then-president Tandja's sons, Hadia Toulaye
    Tandja, on the one hand, and an Australian mining firm on the other,
    detailing the creation of a company called ``Niger Uranium Ventures
    SA.''
        There were developments in the 2009 ``illicit enrichment'' and
    money laundering case against former prime minister Hama Amadou. On
    December 3, the Tribunal of Niamey discharged the defendant for lack of
    evidence.
        There were developments in the 2008 illicit enrichment and fraud
    case against former justice minister Maty Elhadji Moussa. On December
    2, the State Court discharged the defendant for lack of evidence.
        Articles 51 and 52 of the constitution require the president of the
    republic, presidents of other government institutions, and cabinet
    members to submit written statements of their personal property and
    other assets to the Constitutional Court upon assuming office. These
    statements are to be updated annually and at the end of an individual's
    tenure. Initial statements and updates are published in the National
    Register and the press. Copies of the statements are forwarded to the
    Government's fiscal services. Any discrepancies between the initial and
    the updated statements must be explained. The Constitutional Court has
    authority to assess discrepancies. The designated officials are not
    allowed to purchase or rent, by themselves or through other parties,
    any government-owned property, or to bid for public or private
    government contracts.
        The State Inspectorate and the country's courts are responsible for
    combating government corruption.
        There are no laws that provide for public access to government
    information; however, many documents could be obtained from individual
    ministries and the National Archives. The Commission on Fundamental
    Text was charged with drafting a national policy on access to public
    information, but had not completed the document at year's end. The TGON
    granted access to government information to both citizens and
    noncitizens, including foreign media.
    Section 5. Governmental Attitude Regarding International and
            Nongovernmental Investigation of Alleged Violations of Human
            Rights
        A number of domestic and international human rights groups
    generally operated without government restriction, investigating and
    publishing their findings on human rights cases. Government officials
    were somewhat cooperative and responsive to their views, but insecurity
    in the North limited the ability of human rights groups to investigate
    human rights violations.
        The TGON created the ONDHLF on May 20, and its members sworn in on
    August 18. It was supposed to operate without government interference
    but lacked resources to implement an action plan.
    Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
        The constitution and statutes prohibit discrimination based on
    race, gender, disability, language, or social status, and the
    Government generally effectively enforced these prohibitions.

        Women.--Rape is punishable by 10 to 30 years in prison, depending
    on the circumstances and age of the victim. The law does not explicitly
    recognize spousal rape, but appears to cover it in practice.
    Authorities made efforts to enforce the law. Although statistics were
    not available, the Court of Appeals tried several criminal rape cases
    during the year. Rape is a widespread problem. Between October 18 and
    22, the Tahoua Court of Assizes tried four rape cases and convicted all
    defendants. On March 2, the Niamey Court of Assizes had 12 rape cases
    on its calendar. On March 15, it sentenced one guilty party to 10
    years' imprisonment and awarded 1.5 million CFA ($3,033) in damages to
    the victim. On March 22, a defendant guilty of the rape of a 13-year-
    old girl was sentenced to six years' imprisonment, and one million CFA
    ($2,022) in damages was awarded to the survivor. On November 22, the
    Niamey court of Assizes announced 12 new rape cases to be tried during
    its session. Spousal rape was not frequently prosecuted, as survivors
    often sought to resolve the issue within the family or were pressured
    to do so.
        Domestic violence against women was widespread, although reliable
    statistics were not available regarding numbers of occurrences,
    prosecutions, or convictions. Husbands commonly beat their wives. The
    law does not explicitly prohibit domestic violence; however, a woman
    can sue her husband or lodge criminal charges for battery, penalties
    for which ranged from two months in prison and a 10,000 CFA ($21) fine
    to 30 years' imprisonment. The Government tried with limited success to
    enforce these laws; courts prosecuted cases of domestic violence when
    they received complaints. Charges stemming from family disputes were
    often dropped in favor of traditional dispute resolution mechanisms.
    While women have the right to seek redress for violence in the
    customary or modern courts, few did so due to ignorance of the redress
    offered by the legal system and fear of repudiation or being
    stigmatized. The Ministry of Population, Women's Promotion, and
    Children's Protection, international organizations, NGOs, and women's
    organizations conducted public awareness campaigns on violence against
    women through several events that received wide media coverage.
        Sexual harassment is a crime punishable by prison sentences from
    three to six months and fines of 10,000 to 100,000 CFA ($21 to $202).
    If the violator is in a position of authority over the victim, the
    prison sentence is three months to one year and the fine is increased
    to 20,000 to 200,000 CFA ($42 to $404). Sexual harassment was common.
    Courts enforced applicable laws as cases were reported.
        The Government recognized the basic right of couples and
    individuals to decide freely and responsibly the number, spacing, and
    timing of their children. While the law protects reproductive rights,
    information regarding reproductive rights was not readily available.
    There were no restrictions on the right of access to contraceptives.
    Health clinics and local health NGOs were permitted to disseminate
    information on family planning freely under the guidance of the
    Ministry of Public Health. According to the ministry, use of
    contraceptives increased from 8.5 percent in 2006 to 16.5 percent
    during the year.
        Men and women received equal access to diagnosis and treatment for
    sexually transmitted diseases, including HIV. Since 2007 the Government
    has provided free health care for children up to five years of age,
    which contributed to increased access to health centers for women's
    general and essential obstetric and postpartum care, including
    prevention of mother-to-child transmission of HIV. Due to a shortage of
    skilled health professionals and limited resources, some women used
    traditional midwives (matrones) during childbirth and were referred to
    hospitals only when the mother or child suffered more serious health
    complications. According to the Population Reference Bureau, in 2008
    approximately 16 percent of births were attended by skilled personnel
    and the UN Population Fund estimated the maternal mortality ratio (the
    ratio of the number of maternal deaths per 100,000 live births) to be
    820, and a woman's lifetime risk of maternal death was one in 16.
        Although the constitution provides for equal rights regardless of
    gender, women do not have the same rights as men under family law in
    customary courts. Legal rights as head of household apply only to men;
    a divorced or widowed woman, even with children, was not considered to
    be a head of household. Traditional and religious beliefs resulted in
    discrimination in education, employment, and property rights.
    Discrimination was worse in rural areas, where women helped with
    subsistence farming and did most of the childrearing, cooking, water-
    and wood-gathering, and other work. Despite constituting 47 percent of
    the formal sector work force, only 26 percent of the civil service and
    22 percent of professionals were women in 2006. In the absence of a
    formal will stating otherwise, women received one-third of a deceased
    parent's property. In the East, there were reports that some husbands
    cloistered their wives and prevented them from leaving their homes
    unless escorted by a male relative and, even with an escort, they were
    usually permitted to leave the house only after dark.
        In the civil service and the formal sector, there was no indication
    that women experienced discrimination in access to employment or pay
    for similar work.
        The country has adopted several laws and regulations for the
    development of women. The law mandates that women fill at least one-
    fourth of senior government positions and at least 10 percent of
    elected seats to increase their presence in decision-making positions.
    The Government also had programs to provide microcredit, access to
    clean water, and access to health services for women.

        Children.--Citizenship is derived from one's parents. Birth
    registration, especially in remote rural areas and in nomadic
    communities, did not take place promptly due to a lack of awareness,
    remoteness of government services, or inadequate resources. With the
    support of the UN Children's Fund (UNICEF), the Government worked to
    address this problem. The Government's failure to register births did
    not result in denial of public services, although it has complicated
    the process of qualifying as a candidate for public office.In principle
    the six years of elementary education was compulsory, tuition-free, and
    universal from the age of six; in practice only a fraction of children
    attended school. Boys constituted 56 percent of those who finished
    primary school. In 2008 the Government estimated that 45.6 percent of
    primary-school-age girls and only 12.46 percent of secondary-school-age
    girls were enrolled; even fewer attended regularly. Most parents kept
    young girls at home to work, and girls rarely attended school for more
    than a few years.
        Violence against and abuse of children was common. Each of the 10
    district courts and 36 magistrate courts had at least one judge who
    addressed children's issues, including child labor. All judicial police
    sections at the regional and district levels may handle cases involving
    juveniles and refer them to judges. The Government also collaborated
    with UNICEF and the International Labor Organization (ILO) in programs
    designed to improve enforcement of the law and to sensitize civil
    servants, parents, traditional chiefs, and other key actors on
    children's rights.
        Female genital mutilation (FGM) is against the law and punishable
    by six months to three years in prison. If an FGM victim dies, the
    practitioner can be sentenced to 10 to 20 years' imprisonment. Certain
    ethnic groups practiced FGM, predominantly the Fulani and Djerma in
    western Niger. According to UNICEF, the FGM rate decreased from 5
    percent in 1998 to 2.2 percent in 2006. However, a 2008 UN Office for
    the Coordination of Humanitarian Affairs report stated that
    circumcisers traveled from Burkina Faso to Niger to carry out FGM on
    nomad Gourmantche girls as part of a rising trend of cross-border FGM.
    FGM was practiced on young girls, with clitoridectomy the most common
    form. The Government actively combated FGM, continuing its close
    collaboration with local NGOs, community leaders, UNICEF, and other
    donors to distribute educational materials at health centers and
    participate in educational events.
        On January 14, following a complaint lodged by the Nigerien
    Committee against Harmful Traditional Practices (CONIPRAT), a women's
    rights NGO, against three women practitioners of FGM, the lower court
    in Kollo, Tillabery Region, sentenced each defendant to an eight-month
    suspended sentence and a 40,000 CFA ($80) fine. On February 6, in
    Tamou, Say District, the minister of population, women's promotion, and
    child protection, chaired the celebration of the International Day of
    ``Zero Tolerance'' of FGM, during which the community issued a public
    statement pledging to abandon the practice of FGM. On November 27,
    authorities arrested a woman in a village near Niamey and charged her
    with seven cases of FGM, performed on seven children between the ages
    of two months to three years. They also arrested the children's
    mothers. CONIPRAT called for the woman to be prosecuted to the full
    extent of the law, given her history and the age of the victims. No
    date was determined for hearings. In December the court and mental
    health specialists determined that the FGM performer was mentally
    impaired. Authorities removed her from custody and placed her under
    medical care.
        Child marriage was a problem, especially in rural areas. The law
    allows a girl deemed to be ``sufficiently mature'' to marry at 15. Some
    families entered into marriage agreements under which girls from rural
    areas as young as 12 or even younger were sent to their husband's
    families under the ``supervision'' of their mothers-in-law. The
    Ministry of Population, Women's Promotion, and Child Protection
    cooperated with women's associations to sensitize traditional chiefs
    and religious leaders of rural communities to the problem of underage
    marriage.
        Child prostitution was a problem. The Penal Code criminalizes the
    procurement of a minor for the purpose of prostitution. Although there
    was no precise age of consent, the law prohibits ``indecent'' acts
    toward minors. It was left to judges to determine what constituted an
    indecent act. Such activity and a corollary statute against ``the
    incitement of minors to wrongdoing'' were punishable by three to five
    years in prison. This provision also applies to child pornography.
    There were reports that some child prostitution existed along the main
    East-West highway, particularly between the cities of Birni n'Konni and
    Zinder along the Niger-Nigeria border. There was also evidence of young
    girls working mainly as domestic servants and occasionally as
    prostitutes, sometimes with the complicity of their families.The
    constitution and law require the Government to promote children's
    welfare; however, minimal financial resources were allotted for this
    purpose. The Government continued its multifaceted public education
    campaign on children's rights. This included forced labor issues,
    efforts to improve girls' education, the dangers of child marriage,
    improvements in birth registration, and efforts to withdraw children
    from the labor force and reenroll them in schools and vocational
    training programs.
        Infanticide occurred, and at least half of the female prison
    population was charged with this crime.
        Many displaced boys from rural areas were indentured to Islamic
    schools and begged on the streets of larger cities. Hundreds of
    children were displaced by the famine and floods. Displaced children
    had access to government services (see section 2.d., IDPs).
        The country is not a party to the 1980 Hague Convention on the
    Civil Aspects of International Child Abduction. For information on
    international parental child abduction, please see the Department of
    State's annual report on compliance at http://travel.state.gov/
    abduction/resources/congressreport/congressreport--4308.html.

        Anti-Semitism.--There was no significant Jewish community, and
    there were no reports of anti-Semitic acts.

        Trafficking in Persons.--For information on trafficking in persons,
    please see the Department of State's annual Trafficking in Persons
    Report at www.state.gov/g/tip.

        Persons With Disabilities.--The constitution and law prohibit
    discrimination against persons with physical and mental disabilities in
    employment, education, and access to health care and other government
    services, and the Government generally enforced these provisions. The
    law mandates that the state provide for such individuals, but there
    were no specific regulations mandating accessibility to buildings,
    transportation, and education for persons with disabilities. The
    Government provides limited health care to persons with disabilities.
    Societal discrimination existed against persons with disabilities,
    particularly mental disabilities and leprosy. The Ministry of
    Population, Women's Promotion, and Children's Protection is responsible
    for protecting the rights of persons with disabilities, including those
    with sensory or intellectual disabilities.
        There were no reports of abuse of persons with disabilities in
    educational facilities. In May the country adopted a law determining
    regulations for the social protection of persons with disabilities.

        Societal Abuses, Discrimination, and Acts of Violence Based on
    Sexual Orientation and Gender Identity.--There are no laws
    criminalizing sexual orientation. There were no known organizations of
    lesbian, gay, bisexual, or transgender persons and no reports of
    violence against individuals based on their sexual orientation or
    gender identity. However, gay persons experienced societal
    discrimination.

        Other Societal Violence or Discrimination.--Persons with HIV/AIDS
    experienced societal discrimination. There were strong government
    efforts to discourage such discrimination. The Government continued its
    antidiscrimination campaign in conjunction with several other
    organizations working on HIV/AIDS issues.
    Section 7. Worker Rights

        a. The Right of Association.--The constitution and law allow all
    workers to form and join trade unions without previous authorization or
    excessive requirements, and workers exercised this right.
        The country had a total workforce of 4.36 million in 2008. Only 20
    percent of this number, mainly from the public sector (7 percent) and
    the parastatal and formal private sectors (13 percent), belonged to
    trade unions. Approximately 80 percent of the workforce worked in the
    nonunionized subsistence agricultural and small trading sector.
        The constitution and statutes provide for the right to strike,
    except for police and other security forces, and workers exercised this
    right. The labor code does not contain provisions that restrict the
    right to strike. Workers need only give employers at least three days'
    advance notice. On several occasions during the year, the TGON filed
    lawsuits before the Tribunal of Niamey, which ruled some strikes
    proposed by unions to be illegal on the grounds that they involved
    political rather than labor issues. There were several strikes during
    the year, mainly in the education sector. From late September until
    November, the Syndicat National des Enseignants et Chercheurs du
    Superieur (higher education teachers' union--SNECS) observed a series
    of strikes to protest recent reforms proposed by the Government,
    relating to the national university's bylaws including the appointment
    of the university rector by the Government (as opposed to the current
    practice of electing the rector from among faculty members); the
    transformation of the regional University Institutes of Technology into
    full-fledged universities; and the redeployment of teachers nationwide.
    The SNECS demanded that the university's ``autonomy'' be maintained and
    that any reform be discussed with all stakeholders of the higher
    education system. It further demanded the resignation of the minister
    of higher education. On one occasion, the TGON filed a lawsuit and won
    when the court ruled that the strike was illegal. The TGON took no
    further legal action until the resolution of the crisis via negotiation
    in late November.

        b. The Right to Organize and Bargain Collectively.--The law allows
    unions to conduct their activities without interference, and unions
    exercised their right to bargain collectively for wages above the legal
    minimum and for more favorable working conditions. Collective
    bargaining also existed in the public sector. There were several
    collective agreements during the year, although the exact number is not
    available. During Tandja's tenure, the Government often harassed labor
    unions that opposed its actions. There were no reports of antiunion
    activities or employer interference under the TGON.
        There are no export processing zones.

        c. Prohibition of Forced or Compulsory Labor.--The law prohibits
    forced or compulsory labor, except for legally convicted prisoners, and
    prohibits slavery. It does not, however, specifically prohibit forced
    or compulsory labor by children, and such practices occurred. In
    general the Government did not adequately enforce the antislavery laws.
    A traditional form of caste-based servitude was still practiced by the
    Tuareg, Djerma, and Arab ethnic minorities, particularly in remote
    northern and western regions and along the border with Nigeria.
        Persons born into a traditionally subordinate caste sometimes
    worked without pay for those above them in the social order. Estimates
    of numbers vary widely, from a 2004 estimate of 8,800 persons to a 2003
    estimate of 43,000. Such persons are forced to work without pay for
    their masters throughout their lives, primarily herding cattle, working
    on farmland, or working as domestic servants. Children become the
    property of their masters and can be passed from one owner to another
    as gifts or as part of a dowry. Abusers force girls to start work as
    domestic servants at a very young age. Girls may be sexually abused by
    men in the household or forced to marry at a young age.
        Although the Government publicly banned slavery in 2003, slaves
    continued to be liberated and given manumission certificates.
    Individuals had the legal right to change their situation, and it was
    illegal for their masters to retain them; but most victims of slavery
    did not act on their rights. Fear, physical or social coercion, and
    lack of viable economic alternatives for freed slaves were factors in
    maintaining the slave-master relationship.
        On April 27 and 28, the Ministry of Labor, with support from
    International Labor Organization's International Program for the
    Elimination of Child Labor (ILO/IPEC), organized a workshop to educate
    22 musicians, actors, and comedians about the worst forms of child
    labor and how they can fight against it by raising public awareness
    through songs, plays, skits, dances, and other action.
        On June 8, upon a complaint lodged by the country's branch of the
    Coalition of African NGOs Working with Children (CONAFE-Niger), the
    tribunal of Madaoua arrested two suspected traffickers who used five
    girls under the age of 15 in a prostitution ring. CONAFE-Niger retained
    legal counsel for the girls and on June 29, each defendant received a
    six-month suspended sentence and a 50,000 CFA ($100) fine. CONAFE-
    Niger, gave the girls counseling, training, and material support to
    start their own businesses.
        On August 9 and 10, the Ministry of Labor, in conjunction with ILO/
    IPEC, organized a capacity-building workshop in Niamey for labor
    unions, employers' organizations, government agencies, implementing
    agencies, and the media, based on results of a previous training
    program entitled ``Understanding and Fighting Children's Use in
    Domestic Labor in Francophone Africa,'' held in Morocco.
        On September 2, the Nigerien Association for the Defense of Human
    Rights, in collaboration with the Ministries of Defense and Justice,
    organized a capacity-building workshop for police, gendarmes, and
    national guard on the protection of human rights including gender
    issues, child protection, and trafficking in persons.
        Also see the Department of State's annual Trafficking in Persons
    Report at www.state.gov/g/tip.

        d. Prohibition of Child Labor and Minimum Age for Employment.--The
    law prohibits the employment of children under the age of 14, except as
    authorized by decree; however, child labor was a problem, and the
    Government did not effectively enforce the law. A 1967 labor decree
    also regulates child labor. Children under the age of 12 are prohibited
    from working. Twelve- and 13-year-olds may perform nonindustrial light
    work for a maximum of two hours per day outside of school hours with a
    labor inspector's authorization, as long as such work does not impede
    their schooling. Light work is defined as including some domestic work,
    fruit picking and sorting, and other light, nonindustrial labor. Those
    children 14 to 18 years of age may work a maximum of 4.5 hours per day.
    Children may not perform work that requires force greater than their
    strength, may damage their health or development, is risky, or is
    likely to undermine their morality. The law requires employers to
    provide minimum sanitary working conditions for children.
        In 2008 the country's unions and women's associations stated that
    46 percent of school-age children worked under difficult conditions,
    performing work beyond their physical abilities in mines,
    slaughterhouses, and domestic work.
        Children worked in the agricultural, commercial, handicraft, and
    domestic service sectors. The majority of rural children regularly
    worked with their families from an early age helping in the fields,
    pounding grain, tending animals, gathering firewood and water, and
    doing similar tasks. Some boys were kept out of school to work as
    beggars alongside blind relatives. Others were sent to Islamic schools
    where their teachers made them beg and do manual labor. Child labor
    also occurred in largely unregulated artisanal gold mining operations,
    as well as in trona (a source of sodium carbonate compounds), salt, and
    gypsum mines. Children working in gold mines were particularly
    vulnerable to poor ventilation, collapse hazards, insufficient
    lighting, and alcohol and substance abuse. Young boys from neighboring
    countries were trafficked into the country to work in mines, in
    quarries, on farms, as mechanics, or as welders.
        Child trafficking, prostitution, forced labor, and traditional
    caste-based servitude and slavery occurred. There were reports that
    some child prostitution existed along the main East-West highway,
    particularly between the towns of Birni, N'Konni, and Zinder along the
    Niger-Nigeria border. In all regions, some local religious teachers and
    loosely organized clandestine networks induced young boys to work as
    beggars and manual laborers and young girls to work mainly as domestic
    servants and occasionally as prostitutes, sometimes with the complicity
    of their families. Children were also internally trafficked for work in
    mines (see section 7.c.).
        Inspectors of the Ministry of Labor are responsible for enforcing
    child labor laws; however, resource constraints limited their ability
    to do so, and there were no child labor inspections during the year.
        The Ministry of Mining reportedly sought to make artisanal mining
    licenses contingent upon agreements not to use child labor, but this
    proposal was not adopted.
        The Government also worked with international partners to provide
    relevant education as an inducement to parents to keep their children
    in school. The Ministry of Basic Education conducted training sessions
    to help educators meet the special needs of child laborers. The
    Government cooperated with a foreign government-funded project that was
    implemented by ILO/IPEC to eliminate child labor in the mining
    sector.The Government supported a 2006-10 foreign donor program with
    funds of 1.5 billion CFA ($3.3 million) for the prevention and
    elimination of child labor in mining in West Africa, implemented by
    ILO/IPEC. The project was launched in 2006 and targeted approximately
    3,000 children.On July 18 to 23, following an invitation by the
    Ministry of Labor, officials from the ILO Dakar Regional Office visited
    to initiate consultations for developing a ``decent work'' (acceptable
    conditions of work) program for the country.
        In December 2009 the Child Labor division of the Ministry of Labor,
    in conjunction with ILO/IPEC, organized a session for its members and
    local and international partners to approve Niger's report in line with
    the ``Cross-Border Survey on Child Labor in Traditional Gold Mining in
    Burkina Faso, Mali, and Niger.'' The study was completed during the
    year and was awaiting adoption by the Government.
        On January 21, the Child Labor division of the Ministry of Labor in
    conjunction with ILO/IPEC organized a sensitization session for its
    members and local and international partners in line with its policy of
    ``strengthening the institutional capacity of the national child labor
    division and supporting the installation of a pilot system to monitor
    child labor in the regions of Dosso, Maradi, Tillabery, Tahoua, Zinder,
    and Niamey Commune V.'' The session provided participants with
    information and training tools to address problems related to child
    labor.
        On June 7 to 9, Cameroon, the Central African Republic, Niger,
    Nigeria, Sudan, and Chad, with support from UNICEF, held a regional
    conference on the enrollment of children in armed groups and conflicts.
    In a joint declaration, the six countries outlined their commitment to
    child protection in line with global standards, including those in the
    Optional Protocol to the Convention on the Rights of the Child on the
    involvement of Children in Armed Conflict. The declaration also seeks
    to enhance education and employment opportunities for children once
    they have left armed groups. A committee has been established to
    monitor implementation of the outcome. The country has neither ratified
    nor signed the optional protocol. The Ministry of Women's Promotion and
    Children's Protection is working with other government agencies, and
    international organization and NGO partners are advocating ratification
    of the protocol.
        By year's end, the Government had not adopted the National Action
    Plan on the Fight against the Worst Forms of Child Labor. With the
    adoption of an antitrafficking law on December 16, the ECOWAS policy
    will be effectively implemented.The Ministry of Labor had approximately
    100 inspectors deployed nationwide.
        Also see the Department of State's annual Trafficking in Persons
    Report at www.state.gov/g/tip.

        e. Acceptable Conditions of Work.--The labor code establishes a
    minimum wage only for salaried workers in the formal sector with fixed
    (contractual) terms of employment. Minimum wages are set for each class
    and category within the formal sector; however, minimum wages did not
    provide a decent standard of living for workers and their families. As
    of 2006, the lowest minimum wage was 28,000 CFA ($57) per month, with
    an additional 1,000 CFA ($2) added per child per month. The Ministry of
    Labor effectively enforced minimum wages only in the regulated formal
    sector.
        The formal sector legal workweek was 40 hours with a minimum of one
    24-hour rest period; however, the Ministry of Labor authorized longer
    workweeks of up to 72 hours for certain occupations such as private
    security guards, domestic workers, and drivers. Premium pay must be
    paid for overtime, although the rate is not set by law; employees of
    each enterprise or government agency negotiate with their employer to
    set the rate. These formal sector standards were effectively enforced.
        The labor code establishes occupational safety and health
    standards. The Ministry of Labor is responsible for enforcing these
    standards, although staff shortages caused inspectors to focus on
    safety violations only in the most dangerous industries: mining,
    building, and manufacturing. The Government effectively enforced
    standards within these three industries, except that gold mining was
    largely unregulated. Although generally satisfied with the safety
    equipment provided by employers, citing in particular adequate
    protection from radiation in the uranium mines, union workers in many
    cases did not receive information about the risks posed by their jobs.
    Workers have the right to remove themselves from hazardous conditions
    without fear of losing their jobs. In practice, however, especially in
    the nonunionized, informal sector, it was unlikely that they could
    exercise this right without jeopardizing their employment. There are no
    exceptions from such protections for migrant or foreign workers.

                                   __________

                                    NIGERIA

        Nigeria is a federal republic of 36 states and a federal capital
    territory, with a population of about 150 million. In 2007 Umaru Musa
    Yar'Adua of the ruling People's Democratic Party (PDP) was elected to a
    four-year term as president, along with Vice President Goodluck
    Jonathan, also of the PDP. The election was marred by what
    international and domestic observers characterized as massive fraud and
    serious irregularities, including vote rigging and political violence.
    Vice President Jonathan became acting president on February 9 after the
    National Assembly conferred presidential authority on him during
    President Yar'Adua's prolonged illness. On May 5, Jonathan assumed the
    presidency following Yar'Adua's death. There were numerous instances in
    which elements of the security forces acted independently of civilian
    control.
        Human rights problems during the year included the abridgement of
    citizens' right to change their government; politically motivated and
    extrajudicial killings by security forces, including summary
    executions; torture, rape, and other cruel, inhuman or degrading
    treatment of prisoners, detainees, and criminal suspects; harsh and
    life-threatening prison and detention center conditions; arbitrary
    arrest and detention; prolonged pretrial detention; denial of fair
    public trial; executive influence on the judiciary and judicial
    corruption; infringement on citizens' privacy rights; restrictions on
    freedom of speech, press, assembly, religion, and movement; official
    corruption and impunity; violence and discrimination against women; the
    killing of children suspected of witchcraft; female genital mutilation
    (FGM); child abuse and child sexual exploitation; societal violence;
    ethnic, regional, and religious discrimination and violence; vigilante
    killings; trafficking in persons for the purpose of prostitution and
    forced labor; discrimination against persons with disabilities;
    discrimination based on sexual orientation and gender identity; child
    labor; forced and bonded labor; and abductions by militant groups.
        By October 9, although most militant groups in the Niger Delta had
    accepted then president Yar'Adua's offer of amnesty, by year's end
    killings and kidnappings by militant groups began to increase, although
    not to previous levels.
                            respect for human rights
    Section 1. Respect for the Integrity of the Person, Including Freedom
            From:

        a. Arbitrary or Unlawful Deprivation of Life.--The Government or
    its agents committed numerous extrajudicial killings.
        According to credible eyewitness accounts, uniformed security
    forces participated in killings during ethnic violence in Plateau
    State.
        Security forces were responsible for killings during attempts to
    apprehend religious extremists.
        National police, army, and other security forces committed
    extrajudicial killings and used lethal and excessive force to apprehend
    criminals and suspects, as well as to disperse protesters. According to
    a December 2009 Amnesty International (AI) report, security services
    executed detainees in custody, suspected armed robbers under arrest,
    persons who refused to pay bribes, and persons stopped during road
    checks. While not confirming the report, Parry Osayande, the retired
    police deputy inspector general in Nasarawa State, told reporters in
    2009 that police killed hundreds of detainees annually, which he blamed
    on lack of training and inadequate funding. Authorities generally did
    not hold police accountable for the use of excessive or deadly force or
    for the deaths of persons in custody. Police generally operated with
    impunity in the illegal apprehension, detention, and sometimes
    execution of criminal suspects. The reports of state or federal panels
    of inquiry investigating suspicious deaths were not published.
        During the year the Joint Task Force (JTF), a unit formed in 2003
    to restore stability in the Niger Delta and composed of elements of the
    military, police, and security services, conducted raids on militant
    groups and criminal suspects in the Niger Delta, resulting in numerous
    deaths and injuries to both alleged criminals and civilians alike.
    Credible reports also indicated that other military personnel and
    paramilitary mobile police carried out summary executions, assaults,
    and other abuses across the Niger Delta (see section 1.g.).
        On June 29, the mother of Salisu Ahmadu found his body in a Jos
    mortuary after he was missing for five days. He was arrested earlier
    for driving a motorcycle during a government crackdown on commercial
    motorcycle (``okada'') drivers. His mother stated that she saw injuries
    and two gunshot wounds on his body.
        In April 2009 police in Mowe, Ogun State, indiscriminately fired
    into the home of Patrick Akama, who had called police because his home
    was being burgled. Akama died instantly.
        In April a Maiduguri high court found that in July 2009 police
    detained and subsequently killed Baba Fagu, the father-in-law of then
    Boko Haram leader Muhammad Yusuf. The court ordered the federal and
    state governments to pay 100 million naira ($667,000) as compensation
    to Fagu's family. The police stated that they would appeal the
    judgment. Fagu's death followed violent clashes between police and
    militant members of Boko Haram in four northern states in July 2009
    which resulted in more than 700 deaths; quick burials in mass graves
    precluded an accurate accounting of the dead. Numerous injuries
    resulted, and the Red Cross estimated that about 4,000 persons were
    displaced. The clashes were preceded by Boko Haram attacks on police
    stations and government buildings in Bauchi and Maiduguri. There were
    reports of summary executions, use of excessive force, and widespread
    arrests of suspected extremists, many based on little or no evidence.
    Corpses of militants were found at police stations, and there were
    numerous reports that police pulled persons from cars and summarily
    shot them. According to AI, in July 2009 security forces killed an
    estimated 200 alleged members of the sect trying to flee Maiduguri.
    Religious leaders condemned the philosophy and actions of Boko Haram
    but criticized the Government's use of excessive force and its failure
    to address the social problems, including poverty and lack of
    education, underlying the violence.
        Also in July 2009 soldiers arrested Yusuf. Credible media reports
    claimed that police executed Yusuf, whose bruised body subsequently was
    seen at state police headquarters with multiple bullet wounds. While
    police initially admitted killing Yusuf in custody, they subsequently
    claimed he was killed while trying to escape. Buji Fai, a former state
    government official suspected of funding Boko Haram, also reportedly
    was killed in custody along with Fagu. In August 2009 then president
    Yar'Adua pledged to conduct a full investigation of the Boko Haram
    uprising, including the circumstances surrounding Yusuf's death, but
    authorities had not publicly released the results of the investigation
    by year's end.
        In October 2009 a soldier shot Friday Ojieh at close range in his
    office in Ikeja, Lagos. The soldier claimed self-defense, but the
    victim's aunt questioned this explanation as the young man had some
    money in one hand and his cell phone in the other.
        In December 2009 AI published Killing at Will: Extrajudicial
    Executions and Other Unlawful Killings by the Police in Nigeria, which
    documented 39 cases of security force killings and enforced
    disappearances based on interviews and research conducted between July
    2007 and July 2009. According to the report national police conducted
    hundreds of extrajudicial executions, other unlawful killings, and
    enforced disappearances each year. Victims were not picked at random
    and, in a country where ``bribes guarantee safety,'' those who could
    not afford to pay were at risk of being shot or tortured to death. The
    majority of cases were not investigated, and perpetrators were not
    punished. When investigations did occur, they did not comply with
    international standards, and officers suspected of extrajudicial
    executions generally were sent away on training or transferred to other
    states instead of being prosecuted. Police often claimed that the
    victim was an armed robber killed in an exchange of gunfire or a
    suspect killed while trying to escape police custody. AI charged that
    Police Force Order 237, which permits officers to shoot suspects and
    detainees who attempt to escape or avoid arrest, ``lets the police get
    away with murder.''
        In December 2009 in the northern state of Bauchi, a clash between
    members of the Islamic Kala-Kato sect, town residents, and security
    forces resulted in some 40 deaths, including children, in fighting that
    lasted about three hours. The conflict started when residents
    complained to police about aggressive open-air preaching against other
    Muslim groups. Police arrested 20 persons, including children, for
    allegedly fighting and burning homes. Police claimed that they killed
    sect leader Mallam Badamasi and recovered ``bomb-making tools and
    explosives.''
        No action was taken against the four police officers from Ede, Osun
    State, who in 2008 beat to death Misitura Ademola following her arrest
    for theft; or the police officers in Oshogbo, Osun State, who in 2008
    beat to death Dauda Najeem while attempting to extract a confession of
    theft.
        Authorities charged a police officer with responsibility in the
    2008 death of bank manager Modebayo Awosika, who was shot in the head
    for failing to stop after his car collided with a police vehicle in
    Lagos. In November during the trial of a police officer implicated in
    the case, police admitted that a police officer had killed the victim;
    a second officer remained at large at year's end.
        A panel established by Plateau State to investigate the killings of
    about 700 civilians by security forces in the Jos North local
    government area in 2008 attributed the violence to provocation by
    religious leaders as well as violence by political parties and local
    government officials; however, the panel's full report was not released
    by year's end, and no one was charged or punished for any of the
    killings. A second panel called by the president to investigate the
    incident began public hearings and submitted its recommendations in
    September; however, by year's end none of the recommendations was
    implemented.
        According to the 2009 AI report, police officers from the Ketu
    antirobbery squad arrested persons attending a 2008 community party and
    released only those who could pay a fine. One of the detainees unable
    to pay died after being beaten with an iron bar and rifle butt.
        No investigation was conducted into the 2008 police killings of
    more than 50 persons in Ogaminana, Kogi State; police reportedly
    attacked the village in reprisal for the killing of a colleague by
    local youths.
        In April 2009, after receiving a second petition from the Osun
    State Civil Societies Coalition against Corruption and Rights
    Violations, a team of police investigators visited Oshogbo to examine
    three extrajudicial killings that occurred in 2008 and seven that
    occurred in prior years. The investigators did not release a report on
    their findings by year's end, despite multiple petitions.
        Police use of excessive force, including live ammunition, to
    disperse demonstrators resulted in numerous killings during the year.
        For example, on April 3, Lagos police reportedly fired live
    ammunition into a crowd of young protesters and killed two persons. The
    crowd was protesting the police force's killing of another man two days
    earlier who was suspected of spray-painting graffiti. A Lagos police
    spokesperson later dismissed the accusation, and stated that no one was
    killed.
        In October AI released the report Port Harcourt Demolitions:
    Excessive Use of Force Against Demonstrators, which documented an
    attack in October 2009 in which police and the JTF fired into a crowd
    of citizens peacefully protesting the proposed demolition of their
    homes. The report stated that at least 12 persons were shot and
    seriously injured, and witnesses claimed that they saw six bodies in a
    police vehicle.
        There were no developments in several 2008 police killings of
    demonstrators, including the shooting deaths of three youths in
    Okeagbe, Ondo State, and the killings of four demonstrators in Kaduna
    State.
        Violence and lethal force at unauthorized police and military
    roadblocks and checkpoints continued during the year, despite numerous
    announcements by the police inspector general that independent police
    roadblocks would be eliminated and offenders punished. According to
    AI's December 2009 report, police often stopped commercial drivers and
    asked them to pay a bribe, the amount of which was determined by the
    weight of the vehicle. Police shot drivers who refused to pay and also
    shot them when a disagreement occurred over the price, or when it was
    unclear whether a bribe had been paid.
        Bystanders sometimes were shot by mistake. In April 2009, three-
    year-old Kausarat Saliu was killed by a police bullet in Ketu that had
    first penetrated her father's hand after their car had been stopped.
    When the father ran towards the police officer that shot his daughter,
    the police proceeded to assault her parents and detained both of them.
    A federal high court judge ordered the Lagos State Police and the
    officer to pay the family a fine of 32 million naira ($200,000) in
    damages, stating that no one is above the law. By year's end the family
    reported they had received no payment.
        In May 2009 at a checkpoint in Emene, Enugu State, police shot
    Aneke Okorie, who later died on his way to the hospital. An eyewitness
    told AI that a police officer shot Okorie in the stomach and then hung
    his gun around Okorie's neck to suggest that the officer had been
    attacked by an armed robber. When radio reports in Enugu State claimed
    that police had killed an armed robber, the eyewitness and community
    leaders wrote a petition to the inspector general of police stating
    that Okorie was innocent and asking that the perpetrators be brought to
    justice. Authorities arrested the three police officers involved in the
    shooting and dismissed one, who awaited trial at year's end.
        In September 2009 in Festac, Lagos State, five police officers
    stopped the car of Lagos State University student Michael Egwu at a
    checkpoint and demanded documentation, which Egwu produced. According
    to eyewitnesses, the officers subsequently demanded money, and an
    argument ensued, during which one of the police officers shot and
    killed Egwu. News reports claimed an officer was in custody over the
    incident, but there was no confirmation by year's end.
        In November 2009 a 70-year-old man on the way home from the wedding
    of his son died after being shot in the head at a police checkpoint in
    Osogbo, Osun State. The man had refused to pay a 20-naira (13-cent)
    bribe. According to news reports, fellow officers removed the
    intoxicated police officer from the scene.
        In December 2009 at Ado-Awaye, Oyo State, two police officers
    stopped 15 youths traveling by motorcycle, fired into the air to
    frighten them, and then shot and killed one of the youths. One officer
    was arrested; the other officer fled the scene, was dismissed in
    absentia, and remained at large at year's end.
        In December 2009 the district coroner absolved police of any
    involvement in the 2008 killing in Lagos of journalist Abayomi Ogundeji
    and ruled that armed thieves were responsible. Police also claimed that
    Ogundeji had been killed by thieves, but a coroner's inquest in July
    implicated police in the killing after eyewitness accounts described
    the victim's unwillingness to get out of his car at a police roadblock.
    One of the eyewitnesses was shot and killed a few days before the
    inquest. The district coroner, however, accused police of failing to
    conduct a proper investigation.
        Despite police pledges fully to disclose details of the prosecution
    into the 2008 shooting death of Gabriel Mordi at a checkpoint in Agbor,
    Delta State, police officers responsible for the killing were quietly
    redeployed to other locations in 2009.
        Police and military personnel used excessive and sometimes deadly
    force to quell civil unrest, property vandalism, and interethnic
    violence.
        For example, in October 2009, in Biu, Borno State, two of 100
    motorcycle riders protesting the enforcement of a requirement to wear
    crash helmets were killed during a confrontation with police; several
    riders also were injured. A mob retaliated by burning Biu government
    offices.
        Ethno-religious violence, often triggered by disputes between
    farmers and herders, resulted in deaths and displacement during the
    year. The most deadly examples of such conflict were in Jos and the
    farmlands surrounding the city. In two major attacks in January and
    March, and later smaller scale attacks, up to 1,000 persons, mostly
    women, children and the elderly, were killed (see section 6).
        Organized extremist groups such as Boko Haram attacked police and
    security forces during the year. Targeted attacks on police officials,
    their families, and police stations contributed to the increase in
    overall levels of violence. For example, on September 7, Boko Haram
    members attacked the Bauchi State prison to free other members of their
    group, resulting in the deaths of seven guards and police officers.
    Reports indicated that 732 prisoners escaped, most of whom authorities
    recaptured within four days (see section 6).
        There were credible reports that traditional leaders were involved
    in killings.
        For example, in January 2009, the Ovie of Ozoro, a traditional
    ruler, and several of his supporters attacked Eugene Ebiri, an
    individual with mental disabilities who lived in Isoko North Local
    Government Area, Delta State. Ebiri's offense reportedly involved
    sitting on the Ovie's throne. He subsequently died, according to the
    Network on Police Reform in Nigeria (NOPRIN), a network of 46 civil
    society organizations dedicated to police reform and accountability.
    Ebiri's body was taken to a mortuary, where it was located later by the
    family after police authorities refused to provide any information on
    the death. No action was taken against the perpetrators by year's end.
        There continued to be reports of street mobs killing suspected
    criminals during the year. There were no arrests reported from these
    mob actions and no developments in cases from previous years.
        The torturing and killing of children accused of witchcraft
    resulted in numerous deaths during the year (see section 6).
        Killings carried out by organized gangs of armed robbers remained
    common during the year. In many regions groups of street youths, known
    as ``area boys,'' operated illegal highway checkpoints at which they
    demanded money from motorists.

        b. Disappearance.--Continuing abductions of civilians by militant
    and criminal groups occurred in connection with the conflict in the
    Niger Delta, particularly in Port Harcourt (see section 1.g.). On
    August 9, in an effort to address the increasing number of kidnappings,
    the Nigeria Police Force (NPF) reported that 10 police officers were
    dismissed or were being prosecuted for collaborating with kidnappers.
        There was also a significant increase in abductions, some of which
    may have been politically motivated, in other parts of the country.
    Earlier kidnappings involved international oil workers and perceived
    high-value targets. During the year, however, kidnappings occurred
    against the middle class as a means of generating quick cash, and
    against political opponents for political gain. Criminals also
    kidnapped senior religious leaders.
        While kidnappings for ransom commonly occurred in the south, they
    became more widespread as a money-making ``venture.''
        Infants were abducted; an eight-month-old boy was kidnapped in Port
    Harcourt in February.
        On April 8, more than 50 doctors from the main teaching hospital in
    Benin City went on strike after unidentified gunmen abducted the chief
    doctor on his way home from work. The protesting doctors demanded that
    authorities find the captors and increase security. In May doctors
    again went on strike to draw attention to the five doctors who had been
    kidnapped in Benin City within one week, claiming ``doctors had become
    the prime targets of kidnapping.''
        On May 12, captors abducted and later killed Philomena Udoma, the
    69-year-old mother of Akwa Ibom gubernatorial candidate Iniekong
    Udonwa. They abandoned her body at the side of a rural road. Her
    candidate son was captured from the family home at the same time,
    wounded by a gunshot, and then left behind because of the severity of
    his wounds.
        On June 7, individuals kidnapped Halima Adamu, the wife of the
    speaker of the Jigawa State House of Assembly. Police arrived at the
    scene, chased, injured, and arrested four men after a gun battle. Two
    of the suspects died on the way to the hospital, while the remaining
    two died the next day.
        On June 22, kidnappers abducted a British citizen in central Abuja
    and took him to a hideout while demanding a ransom. Police rescued the
    victim and arrested the suspected kidnappers. Reportedly no ransom was
    paid.
        The June 27 kidnapping of Ndubuisi Nwobu, Anambra State chairman of
    the Action Congress Party, ended two days later with his safe release.
    Both the family and police denied payment of a ransom.
        During an Akwa Ibom raid on July 8, police killed three kidnappers
    in their effort to free kidnap victim Akpan Timothy Akpan, the brother
    of Senator Effiong Bob. Police confiscated four AK-47 rifles and 145
    rounds of ammunition.
        On August 27, four armed gunmen abducted Tafawa Balewa, a prominent
    supporter of President Jonathan, from his office in Abuja and took him
    to a forest area, where a gun battle with police ensued. Police
    arrested two suspects. A reported ransom of 100 million naira
    ($660,000), later reduced to 7 million naira ($46,000) was demanded; it
    was not known if the ransom was paid.
        On August 30, police rescued the ten-year-old son of Adamu Dahiru,
    a candidate for the House of Representatives, kidnapped by gunmen from
    his home in Bauchi. Neither the family nor police would confirm payment
    of a ransom.
        On September 1, police posted public photos and information about
    two men, one of who was a former police officer, wanted for the kidnap
    and murder of Lotachukwu Ezeudu, a student from Enugu. Authorities
    offered a financial reward for information leading to the arrest of
    either suspect.
        No arrests or prosecutions occurred in the following 2009 cases:
    the March abduction of seven-year-old Etiosa Aghobahi; the April
    abduction of five Canadian citizens on a Rotary exchange program; the
    August abduction of two Kogi State council chairmen; the September
    abduction of Waje Yayok, secretary to the Government of Kaduna State;
    the October abduction of the 78-year-old father of Chukwuma Soludo, a
    former central bank governor and the PDP candidate for governor of
    Anambra State.

        c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
    Punishment.--Although the constitution and law prohibit such practices
    and provide for punishment of such abuses, torture is not criminalized,
    and security services personnel, including police, military, and State
    Security Service (SSS) officers, regularly tortured, beat, and abused
    demonstrators, criminal suspects, detainees, and convicted prisoners.
    Police mistreated civilians to extort money. The law prohibits the
    introduction into trials of evidence and confessions obtained through
    torture; however, police often used torture to extract confessions.
        JTF use of excessive force during raids on militant groups and
    criminal suspects in the Niger Delta resulted in deaths, injuries, mass
    rape, displacement of civilians, and other abuses in the Delta region
    (see section 1.g.).
        In May, the Open Society Justice Initiative, together with the
    NOPRIN, released a 138-page report, Criminal Force: Torture, Abuse, and
    Extrajudicial Killings by the Nigeria Police Force, with first-hand
    reports from investigations at over 400 police stations. Describing
    summary executions of suspects, torture as a means of investigation,
    rape, and extortion, the report claimed that the Government had
    acknowledged these problems but had actually allowed the abuse to
    continue with ``a stunning degree of impunity.''
        In August police called 17-year-old radio mechanic Osadebamwen
    Okonigene to a police station in Edo State to repair electronics. When
    he arrived, police allegedly detained and tortured him for three days
    over an allegation of theft. His father went to the police station to
    find his son and discovered that he had been beaten and burned; the boy
    was taken to the local hospital, where he recovered. Police stated that
    any officer found culpable would be disciplined or prosecuted; a court
    case was pending at year's end.
        On September 6, an unnamed government official and his police
    escort encountered a Lagos traffic jam. The police officers jumped into
    the traffic, armed with long rifles and wielding long horsewhips. They
    proceeded to hit the stopped cars with their rifle butts and then,
    angered because the traffic did not move, they began to flog drivers
    with the whips to clear the road. Security forces' use of bullwhips was
    declared illegal by the Lagos State governor in 2009; in this case, the
    federal police ignored state law. Authorities took no action against
    police.
        Police commonly used a technique called ``parading'' of arrestees.
    Parading involved literally walking the persons through public spaces,
    subjecting the arrestee to public ridicule and abuse. Taunts, food, and
    objects are often thrown. Police defended this practice with the
    argument that public humiliation helps deter crime. In November a 15
    year-old girl was paraded through the Lekki area of Lagos along with
    her 50-year-old father who was accused of raping his daughter and
    fathering her child. The father, the girl, and the baby were paraded by
    the deputy Lagos police public relations officer.
        Citing the nongovernmental organization (NGO) Social Justice and
    Advocacy Initiative, the December 2009 AI report noted that
    ``intimidation, torture, and extortion of detainees'' remained
    ``entrenched practices'' in the criminal justice system. The National
    Human Rights Commission (NHRC) claimed that ``most cases in court are
    prosecuted by the police based on confessions obtained under
    circumstances of torture.''
        In August 2009 the Economic and Financial Crimes Commission (EFCC)
    arrested and detained without charge student leader Abduliahi Ebiloma.
    In July 2009 Ebiloma had asked to meet with the education minister to
    discuss the teachers' strike and the removal of the minister; the
    minister had rejected his request. During his 78-day detention Ebiloma
    was beaten, shocked with electrodes attached to his torso, and not
    allowed to confer with an attorney. In October 2009 he was released
    without explanation, and his case was in the court system at year's
    end. The case was repeatedly continued at the request of prosecutors
    during the year. Ebiloma was suspended from his university and was
    denied access to transcripts while awaiting a court decision.
        Police and military use of excessive force in quelling the July
    2009 uprising in Boko Haram communities resulted in numerous deaths and
    injuries (see section 1.a.).
        Police occasionally beat children. For example, in July 2009,
    police in Iket, Akwa Ibom, entered a shelter that held 150 children
    accused of witchcraft. When the children tried to prevent the arrest of
    staff members, police beat children, rendering two girls unconscious
    (see section 6.).
        Security forces beat journalists during the year (see section
    2.a.).
        According to credible reports, during the year security forces
    committed rape and other forms of sexual violence against women and
    girls with impunity. Police officials acknowledged that rape was a
    problem. In May, the Open Society Justice Initiative reported that rape
    was ``a routine but unspoken aspect of policing'' and was ``one of the
    fringe benefits attached to night patrol.'' In January, a police
    officer allegedly impregnated 24-year-old homicide suspect Halima Abdu
    while she was detained in Maiduguri. Authorities arrested the officer,
    but no public information was available as to his whereabouts.
        AI reported in December 2009 that police frequently raped women in
    detention but that victims did not report the abuse because of the
    social stigma attached to rape and the fact that police officers had
    committed these crimes. In 2008 the NHRC reported a sharp increase in
    reported cases of rape and sexual abuse, particularly of minors and
    women in prisons and detention centers.
        Varying Sharia penal codes existed in 12 northern states, and
    Sharia courts delivered ``hadd'' sentences. For example, such sentences
    included caning for minor offenses such as petty theft, public
    consumption of alcohol, and prostitution; it was unknown if any of the
    sentences were carried out during the year. Numerous Sharia cases from
    previous years awaited appeal or implementation of sentence, including
    pending amputation sentences in Jigawa, Bauchi, Niger, Kano, and
    Zamfara States. To date, the only amputation sentence carried out
    involved a victim who refused to appeal his 1999 conviction.
        Statutory law mandates that state governors either impose a stay or
    implement amputation or death sentences. Authorities often did not
    carry out sentences under Sharia due to the lengthy process for
    appeals. Because no relevant case had been appealed to the federal
    level, federal appellate courts had yet to decide whether such
    punishments violated the constitution. Courts consistently overturned
    stoning and amputation sentences on procedural or evidentiary grounds,
    but the sentences had not been challenged on constitutional grounds.
    Caning is also a punishment under common law in the Northern Region
    penal code and was not challenged in the courts as a violation of
    statutory law. In some cases, convicted persons paid fines or went to
    jail instead of being caned. Sharia courts usually carried out caning
    immediately, while the Sharia criminal procedure code allows defendants
    30 days to appeal sentences involving mutilation or death. Appeals
    often took months or years to decide.
        Ethnic or communal clashes resulted in deaths and injuries during
    the year (see section 1.a.).

        Prison and Detention Center Conditions.--Prison and detention
    conditions remained harsh and life-threatening. Most of the country's
    227 prisons were 70 to 80 years old and lacked basic facilities. Lack
    of potable water, inadequate sewage facilities, and severe overcrowding
    resulted in dangerous and unsanitary conditions. The federal government
    operated all the country's prisons, but maintained few pretrial jail
    facilities. Of the total prison population, 73 percent was not yet
    convicted. There were no regular outside monitors of the prisons, no
    statistics on mistreatment of prisoners, or on the availability of food
    or medical care.
        Prison illnesses included HIV/AIDS, malaria, and tuberculosis.
    Inmates with these illnesses lived with the regular population.
    Although authorities made an effort to isolate persons with
    communicable diseases, the facilities often lacked the space to do so.
    No reliable statistics exist on prison deaths.
        The office of the controller general of prisons released statistics
    at the end of August showing that the country's prisons held 48,000
    inmates. Individual prisons held up to 275 percent of their designed
    capacity. For example, the prison in Ikoyi had a capacity of 800
    prisoners but held more than 1,900. Makurdi prison in Benue State, with
    a capacity of 240 prisoners, housed 456, while Port Harcourt prisons,
    with a capacity of 804 prisoners, held 2,924. Of the inmate population,
    about 2 percent were female and 1 percent juveniles.
        Authorities sometimes held female and male prisoners together,
    especially in rural areas, and prisons had no facilities to care for
    pregnant women or nursing mothers. Infants born to inmate mothers
    usually remained with the mother until weaned.
        Although the law precludes the imprisonment of children, in 2008
    more than 300 children lived in the country's prisons, many of whom
    were born there. Despite a government order to identify and release
    such children and their mothers, authorities had not solved the problem
    by year's end.
        Political prisoners were held with the general prison population,
    not separately.
        Prison authorities allowed visitors within a scheduled timeframe.
    Few visitors came due to lack of family resources and travel distance.
    Prisoners could attend religious observances, although prisons often
    did not have equal facilities for both Muslim and Christian worship. In
    some prisons outside clergy constructed chapels or mosques.
        Prisoner complaints centered on access to court proceedings; in
    many cases, there was no transportation to take an inmate to a court
    hearing. No effective system existed for monitoring prisons for
    inhumane conditions. All prisons suffered from poor facilities,
    overcrowding, and lack of resources.
        The Government provided access to prisons for monitoring
    conditions, although few outside visits occurred. The local Red Cross
    made attempts to visit prisons, but could not maintain a regular visit
    schedule. Authorities inconsistently maintained records for individual
    prisoners in paper form, but without making them widely accessible.
        The Government did not make widespread improvements to prisons
    during the year, but individual prison administrations made attempts to
    obtain donations to benefit the inmates. For example, benefactors
    contributed equipment and materials for workshops. In September the
    first lady of Kano State paid the fines of 15 female inmates, allowing
    their release from overcrowded prisons.
        Those awaiting trial suffered more than those already convicted due
    to lack of funding for their care. Inadequate medical treatment caused
    many prisoners to die of treatable illnesses. In October 2009 Jerry
    Manwe, the chair of the House Committee on the Interior, made a
    surprise visit to the Kaduna State Prison, after which he called
    conditions ``deplorable'' and criticized the lack of facilities. The
    deputy controller of prisons responded that the prisons lacked safe
    water, electricity, and basic infrastructure.
        The country also operated 86 satellite prisons, 11 farm centers,
    eight zonal offices, and six directorates, all of which held prisoners
    and detainees. Conditions in these facilities were no better than in
    the other prisons.
        Disease was pervasive in cramped, poorly ventilated prison
    facilities, and chronic shortages of medical supplies were reported.
    Only those with money or whose relatives brought food regularly had
    sufficient food; prison officials routinely stole money provided for
    food for prisoners. Poor inmates often relied on handouts from others
    to survive. Prison officials, police, and other security forces often
    denied inmates food and medical treatment as punishment or to extort
    money.
        During a visit to Niger State's Minna Old Prison on September 2, an
    observer noted that women were housed in a separate cell building and
    slept on bunk beds under mosquito nets which the wife of the governor
    provided. By contrast, the 252 male prisoners slept on bare floors with
    no bedding in a prison built in 1937 to house 149 prisoners.
        Inmates died from harsh conditions and denial of proper medical
    treatment during the year; however, an accurate count was not available
    from prison authorities.
        Prisoners with mental disabilities were incarcerated with the
    general prison population, and no mental health care was provided.
        The country does not provide services of an ombudsman who can serve
    on behalf of prisoners and detainees to consider such matters as
    creating alternatives to incarceration for nonviolent offenders to
    alleviate overcrowding; addressing the status and circumstances of
    confinement of juvenile offenders; or improving pretrial detention,
    bail or recordkeeping procedures to ensure that prisoners do not serve
    beyond the maximum sentence for the charged offense.

        d. Arbitrary Arrest or Detention.--The constitution and law
    prohibit arbitrary arrest and detention; however, police and security
    forces continued to employ these practices. The JTF arbitrarily
    arrested hundreds of persons during the year during sweeps for
    militants, and security forces made arbitrary arrests in Plateau State
    following ethnic violence.
        The NOPRIN is a group of 46 civil society organizations dedicated
    to promoting police accountability. The organization partnered with the
    NHRC and the National Committee on Torture to hold a series of six
    public tribunals in each geopolitical zone of the country to provide an
    opportunity for victims and their families to put cases before a panel
    of judges in order to seek redress and public exposure of police
    abuses. The public hearings were well attended, received press
    coverage, and brought justice to the small number of complainants
    heard.

        Role of the Police and Security Apparatus.--The NPF reports to the
    inspector general of police, who is appointed by the president and
    responsible for law-enforcement operations. An assistant inspector
    general commanded each NPF state unit. The constitution prohibits state
    and local governments from organizing their own police forces; however,
    state governors may direct federal police for local emergency actions.
    The SSS is responsible for internal security and reports to the
    president through the national security advisor. Due to the police's
    inability to control societal violence, the Government continued to
    rely on the army in some cases.
        The NPF committed human rights abuses and generally operated with
    impunity in the apprehension, illegal detention, and sometimes
    execution of criminal suspects. The SSS also committed human rights
    abuses, particularly in restricting freedom of speech and press.
        Police officers themselves were not immune to harassment. For
    example, Emcy Munlip, a female police corporal serving in Rivers State,
    refused the advances of her commander, David Obike Eme. He directed
    that she would no longer have government housing privileges and
    immediately evicted her with her belongings.
        According to AI's December 2009 report, only a fraction of the NPF
    annual budget reached state and local police stations, and the lack of
    funding contributed to many police failures. Officers worked without
    basic equipment and sometimes made crime victims pay for the gasoline
    and stationery necessary to conduct an investigation. Such lack of
    resources contributed to corruption (see section 4).

        Arrest Procedures and Treatment While in Detention.--Police and
    security forces have authority to arrest without warrant, if they have
    a reasonable suspicion that a person committed an offense, a power they
    often abused. By law police may detain persons for 48 hours before
    charging them with an offense. The law requires an arresting officer to
    inform the accused of charges at the time of arrest, to transport the
    accused to a police station for processing within a reasonable time,
    and to allow suspects to engage counsel and post bail. However, police
    routinely detained suspects without informing them of the charges or
    allowing access to counsel and family members. Provision of bail was
    often arbitrary or subject to extrajudicial influence. Conditions of
    bail set by judges often were too stringent to be met. In many areas
    with no functioning bail system, suspects remained incarcerated
    indefinitely in investigative detention within the prison system.
    Detainees were kept incommunicado for long periods. Numerous detainees
    alleged that police demanded bribes to take them to court to have their
    cases heard. If family members wanted to attend a trial, police often
    demanded additional payment.
        Persons who happened to be in the vicinity of a crime reportedly
    were held for interrogation for periods ranging from a few hours to
    several months. After their release, authorities frequently asked them
    to return for further questioning.
        Security forces arbitrarily arrested numerous persons during the
    year. During the January to March fighting between ethnic groups in
    Plateau State, and, after the Jos bombings in December, authorities
    arrested hundreds of persons in Jos, many based on little or no
    evidence of involvement (see sections 1.a. and 6). Some bystanders
    gained release within a few days; however, an unknown number of persons
    were held without bail or charges at year's end.
        Security forces detained journalists and demonstrators during the
    year (see sections 2.a. and 2.b.).
        The EFCC reportedly singled out political opponents of the
    governing party in its arrest and detention of state, local, and
    federal government officials on corruption charges during the year (see
    sections 1.c. and 4).
        The rape of women in detention by police was a problem (see section
    1.c.).
        On September 3, a combined team of police and soldiers in Ebonyi
    State arrested 14 suspected members of the Movement for the
    Actualization of the Sovereign State of Biafra for treason for holding
    a peaceful meeting and wearing shirts or caps with a Biafran insignia.
    At year's end there was no information on the status of these cases.
        Lengthy pretrial detention remained a serious problem, and human
    rights groups reported that detainees awaiting trial constituted 73
    percent of the prison population, with some awaiting trial more than 10
    years. At year's end 35,000 pretrial detainees resided in the country's
    prisons, out of a total of 48,000 prisoners. Serious trial backlogs,
    endemic corruption, and undue political influence continued to hamper
    the judicial system. Multiple adjournments in some cases resulted in
    serious delays. Many detainees were denied trials because police lacked
    vehicles to transport them to court on their trial dates. In Makurdi
    prison, where 78 percent of prisoners were awaiting trial, pretrial
    detainees held a protest in November 2009 because so many were unable
    to make their court dates due to lack of transportation.
        The NHRC reported that some detainees were held because authorities
    had lost their case files. Some state governments released inmates
    already detained for longer than the potential maximum sentence they
    would have received if they had been convicted. Although detainees had
    the right to submit complaints to the NHRC, the commission had no power
    to respond. Detainees could try to complain to the courts but often
    found this approach impossible. Even detainees with legal
    representation often waited years to gain access to the courts.
        In April the attorney general created a prisons decongestion
    committee in response to controversies over the large number of inmates
    in prisons and the overstretched facilities. The committee did not
    release the results of its work by year's end.
        On June 15, the National Economic Council announced a decision
    directing state governors to sign death warrants immediately for the
    870 death-row inmates in the country's prisons for the purpose of
    reducing overcrowding. Such action led to an immediate and vocal
    reaction by NGOs, the African Union's human rights body, and the
    Economic Community of West African States (ECOWAS), which implored the
    Government not to implement such a plan. Public opinion cited the lack
    of fair trials and citizens' rights of appeal. Authorities did not
    carry out the executions by year's end.
        During the week of August 23, the chief judge of Niger State made
    spot visits to state prisons as part of an annual effort to reduce
    overcrowded conditions. He released inmates on several grounds, such as
    humanitarian and medical reasons, the weak legal cases of pretrial
    inmates, remorse, and good behavior while in prison.
        In August 2009 Lagos State Governor Babatunde Fashola granted
    amnesty to three death-row inmates; the sentences of 29 death-row
    inmates were commuted to life in prison, and eight others were commuted
    to various jail terms. The governor stated he wanted to give the
    prisoners ``hope of changing their behaviors and being rehabilitated
    into society.''

        e. Denial of Fair Public Trial.--Although the constitution and law
    provide for an independent judiciary, the judicial branch remained
    susceptible to pressure from the executive, the legislative branch, and
    business. Political leaders influenced the judiciary, particularly at
    the state and local levels. Understaffing, underfunding, inefficiency,
    and corruption continued to prevent the judiciary from functioning
    adequately. Judges frequently failed to appear for trials, often
    because they were pursuing other sources of income and sometimes
    because of threats against them. In addition, court officials often
    lacked the proper equipment, training, and motivation to perform their
    duties, with lack of motivation primarily due to inadequate
    compensation. During the year supreme court judges called for a more
    independent judiciary.
        The Ministry of Justice implemented strict requirements for the
    education and the length of service for judges at the federal and state
    level; however, there were no requirements or monitoring bodies for
    judges at the local level, which resulted in corruption and
    miscarriages of justice in those courts.
        Military courts tried only military personnel.
        Sharia and customary (traditional) courts of appeal function in 12
    states and the Federal Capital Territory (FCT). The constitution also
    provides that the Government establish a federal Sharia court of appeal
    and a final court of appeal, but these courts were not established by
    year's end.
        The constitution provides that states may establish courts based on
    common-law or customary-law systems. The law also provides that states
    may elect to use the Sharia penal code in the courts. While Sharia
    courts have been in operation throughout the north for centuries, in
    2000 Sharia courts were empowered to also hear criminal cases and pass
    sentences based on the Sharia penal code, which outlines ``hadd''
    offenses and punishments, including caning, amputation, and death by
    stoning.
        The nature of a case usually determined which court had
    jurisdiction. The return to the Sharia courts stemmed at least in part
    from inefficiency, expense, and corruption in the regular court system.
        Defendants have the right to challenge the constitutionality of
    Sharia criminal statutes through the common-law appellate courts;
    however, no challenges with adequate legal standing reached the common-
    law appellate system. The highest appellate court for Sharia remained
    the Supreme Court, staffed by common-law judges not required to have
    any formal training in the Sharia penal code.

        Trial Procedures.--The constitution provides for public trials in
    the regular court system and individual rights in criminal and civil
    cases. The law does not provide for juries. A defendant is presumed
    innocent and has the right to be present, confront witnesses, present
    evidence and witnesses, be represented by legal counsel, and have
    access to government-held evidence; however, these rights were not
    always respected. Although an accused person is entitled to counsel of
    his choice, there is no law preventing a trial from going forward
    without counsel, except for certain offenses for which the penalty is
    death. The Legal Aid Act provides for the appointment of counsel in
    such cases and stipulates that a trial should not go forward without
    it. Defendants have the right of appeal.
        In both common-law and customary courts (including Sharia),
    indigent persons without representation were more likely to have their
    sentences carried out immediately, although all convicted persons have
    the right to appeal. The federal government instituted a panel of legal
    scholars in 2003 to draft a uniform Sharia penal code to replace
    divergent Sharia codes adopted by various northern states; however, the
    panel did not produce a report, and states continued to apply their
    individual codes.
        There were no legal provisions in common law barring women or other
    groups from testifying in civil or criminal proceedings or giving their
    testimony less weight, but the testimony of women and non-Muslims
    usually was accorded less weight in Sharia courts. Some ``qadis''
    (Sharia court judges) allowed separate evidentiary requirements to
    prove adultery or fornication for male and female defendants. For women
    pregnancy was deemed permissible evidence in some Sharia courts. By
    contrast men could only be convicted by confessing to the crime or by
    eyewitness testimony. Sharia courts provided women with certain
    benefits, including increased access to divorce, child custody, and
    alimony, as to get an audience in a Sharia court was significantly
    easier, faster, and cheaper than in a common law court.
        There was a lack of due process in numerous trials. For example, in
    April 2009, the army convicted 27 enlisted soldiers who had served as
    UN peacekeepers of mutiny and sentenced them to life in prison; the
    soldiers had protested after officers had stolen their stipend during
    deployment. After the case garnered international media attention,
    prison guards took reprisals against the jailed soldiers. The army
    reduced the sentences of the 27 to seven years. Meanwhile, the army
    found the officers guilty of theft and reassigned or forced them to
    retire; however, none received a prison sentence. In September the
    defense attorney appealed to the new army chief of staff to review
    these sentences.
        At the end of the year, a Lagos court released Major Hamza al-
    Mustapha, who had been held without trial since 1998. Authorities
    arrested him on treason charges for alleged assassination attempts on
    former president Olusegun Obasanjo and other prominent prodemocracy
    activists. Al-Mustapha was an army intelligence officer on the staff of
    the former military leader Sonny Abacha. Saying the prosecution had not
    made its case, the judge discharged al-Mustapha and acquitted him.

        Political Prisoners and Detainees.--There were no reports of
    political prisoners or detainees; however, persons arrested in previous
    years for alleged treason remained in detention at year's end.

        Civil Judicial Procedures and Remedies.--The constitution and law
    provide for an independent judiciary in civil matters. However, the
    executive, the legislature, and business interests exerted undue
    influence and pressure in civil cases. Official corruption and lack of
    will to implement court decisions also interfered with due process. The
    law provides for access to the courts for redress of grievances, and
    courts can award damages and issue injunctions to stop or prevent a
    human rights violation. However, the decisions of civil courts were
    difficult to enforce.

        f. Arbitrary Interference With Privacy, Family, Home, or
    Correspondence.--The law prohibits such actions, but authorities
    infringed on these rights during the year, and police raided homes
    without warrants.
        The Federal Capital Development Authority (FCDA) continued to
    demolish homes and businesses illegally in the FCT that allegedly did
    not comply with the city's master plan. The FCT government typically
    claimed that demolished homes, businesses, or churches lacked proper
    permits, even if owners were able to produce paperwork indicating the
    structures were built legally. There was no transparent legal process
    for deciding which homes would be demolished, and persons whose homes
    were destroyed had no recourse to appeal and received no compensation.
    According to the Swiss-based Center on Housing Rights and Evictions,
    authorities demolished more than 800,000 homes in the Abuja area since
    2003. There was widespread opinion that the demolitions were primarily
    motivated by corruption and discrimination based on socioeconomic
    class, since mostly lower- and middle-class persons lost their homes
    and property, which, once vacated, were sold to wealthy persons with
    connections to government officials.
        A long effort by the Rivers State governor to demolish slums on 21
    Port Harcourt waterfront sites, which would displace 200,000 residents,
    came to the courts in July when the members of the Ijaw ethnic group
    filed a suit to stop the demolition and resettlement. The Government
    sought to clear out ``poorly built structures'' and to replace them
    with schools and commercial and residential buildings in an urban
    renewal program paid by investors. Residents protested evictions
    without adequate planning made for replacement housing for the poor.
    State payments were made to landlords, but this money did not reach the
    residents in order to facilitate their relocation. On August 29, First
    Lady Patience Jonathan, a native of Rivers State, visited the area and
    joined the debate in a public disagreement with the governor about the
    demolitions (see sections 1.a and 2.d.). In October, AI published a
    report on the demolitions and displacement of residents, and called for
    an investigation by the federal government of police use of excessive
    force, and the adoption of new laws addressing the use of lethal force
    that would bring the country's laws into agreement with those permitted
    under international human rights law and standards. On October 24, a
    lawsuit was filed against the state and federal governments for use of
    excessive force and loss of property. At year's end no action on the
    court case was made public.
        The Government also destroyed the homes of suspected opponents. For
    example, in January 2009 the JTF expanded its operations beyond the
    Niger Delta to raze 10 villages of the Abala community in Abia State.
    Residents were injured, and more than 80 homes were destroyed. The JTF,
    in conjunction with Abia State vigilante services and police forces,
    accused residents of sheltering armed robbers. No action was taken
    against the soldiers and vigilantes.
        In April 2009 authorities expelled 2,000 Fulani nomads from the
    Wase Local Government Council in Plateau State after disputes over
    grazing their cattle on farmlands; in May 2009 another 700 nomads were
    expelled from Borno State (see section 6).
        In July 2009 a Lagos State government special task force demolished
    hundreds of homes and buildings along the route of the Lagos-Badagry
    highway to make way for a major road expansion project. Authorities
    warned that only homeowners able to provide genuine title documents
    would be compensated and, alleging fraud, denied the claims of many
    homeowners.
        After the July 2009 uprising by Boko Haram, the Government of Niger
    State forcibly relocated 1,200 members of the Darul Islam sect (see
    section 2.d.).

        g. Use of Excessive Force and Other Abuses in Internal Conflicts.--
    The Niger Delta region is home to a large oil industry which produced
    about two million barrels of crude oil per day at year's end.
    Particularly since 2006, militant groups have used violence, including
    kidnapping oil company workers, to demand greater control of the
    region's resources. Kidnapping for ransom, armed robberies, gang wars,
    and fighting connected to the theft of crude oil, known as illegal oil
    bunkering, continued during the year and contributed to the region's
    general insecurity and lack of economic vitality. The Government's
    amnesty program reduced the level of conflict for much of the year;
    however, an increase in violence and kidnappings began in October and
    continued at year's end.
        Criminal gangs, called ``cults'' in some areas, have copied the
    methods of more sophisticated militants to amass wealth and power. In a
    recent trend, kidnappings targeted businessmen, doctors, teachers,
    religious leaders, foreign residents, and others. Gangs extended their
    reach beyond the core Niger Delta states, where they originated as
    politically sponsored thugs to intimidate opponents and to aid election
    rigging. Kidnappings committed primarily for ransom increased
    throughout the country, including in the north. In the previous three
    years power struggles between gangs resulted in extensive property
    damage and hundreds of deaths, including of civilian bystanders.
        In June 2009 the Government announced a general and unconditional
    amnesty for militants in the Niger Delta, and almost all major militant
    leaders accepted the offer by the October 2009 deadline. Authorities
    established a training camp in Obubra, Cross River State, and some of
    an estimated 20,000 former militants had completed training in
    nonviolence by year's end. Many militants expressed interest in
    vocational training as well. They received stipends during
    rehabilitation. The amnesty program resulted in a decline in militant
    violence; however, some observers expressed concern that the militants'
    amnesty payments were being used to purchase more arms.

        Killings.--The JTF was responsible for numerous killings during the
    year, but no investigations were conducted.
        In December the JTF attempted to raid a camp of Niger Delta
    militant leader John Togo. A human rights group reported that the JTF
    killed nine civilians in the Ayakoromo community of Delta State during
    the raid. The observers took video evidence of destroyed homes and
    villagers with bullet wounds including a body with a head wound.
    Hundreds of displaced persons fled to Warri. A military spokesman
    acknowledged the JTF may have killed civilians, but insisted that only
    militants were targeted.
        In February 2009 the JTF reportedly killed 10 persons during an
    attack on a community in Rivers State.
        In June 2009 militants attacked two police officers escorting a
    Scottish oil services worker from Port Harcourt; one of the officers
    died from his injuries. No arrests were made.
        In August 2009 soldiers shot and killed Clement Nwode in Abakaliki,
    Ebonyi State, claiming he was a militant involved in the Ezza-Ezillo
    community clashes in the state.
        In October 2009 in the Bundu waterfront neighborhood of Port
    Harcourt, JTF troops first shot firearms into the air to disperse a
    crowd demonstrating against a planned demolition, and then shot into
    the crowd. At least one death occurred, and at least 12 persons were
    injured (see sections 1. a. and 2.d.).
        No developments occurred in the following 2008 JTF killings in the
    Niger Delta: the March killing of four men near Isaka in the Okrika
    Local Government Area, Rivers State, which was widely reported as an
    overreaction after JTF officials were killed by militants; and the July
    killing of 12 suspected militants in Bayelsa and Rivers States. There
    also were no developments in the following 2008 deaths that resulted
    from clashes between the JTF and armed militants: the August deaths of
    35 persons in Bayelsa, Delta, and Rivers States; and the September
    deaths of an estimated 15 to 30 persons in the Elem Tombia and Ogboma
    communities of Rivers State in a reprisal JTF attack after officers
    were killed. The JTF never apologized for the deaths.
        Militants were responsible for numerous killings. For example, in
    July 2009 a gang of unidentified gunmen ambushed a convoy of police
    escorting foreign workers to their offices at a bottling company in the
    city of Aba, Abia State, and killed five police officers. No arrests
    were made.

        Abductions.--Family members did not report most kidnappings, and no
    reliable statistics existed. In the past, kidnappers targeted foreign
    nationals, but an increasing number of middle class citizens, including
    women and children, were abducted. Police reported that most
    kidnappings involved the complicity of persons close to the victim's
    family, including relatives.
        Government authorities responded to kidnappings in the Niger Delta
    by deploying the JTF, which reportedly used excessive force and engaged
    militants and criminals in gun battles.
        In some areas tensions remained high between oil-producing
    communities and oil company employees and contractors. Foreign oil
    company contractors were kidnapped for ransom, such as the capture of
    seven foreign workers from an offshore oil rig on November 8. Nineteen
    workers, both citizen and foreign, were rescued in a military raid
    November 17.
        While kidnappings perpetrated by militant groups were generally for
    ransom, they sometimes publicized the acts as an expression of
    grievances about lack of economic development, local control of oil
    revenues, or prisoner releases. Oil facility guards and JTF soldiers
    were among those killed in these incidents. During the year criminals
    continued to kidnap the relatives (usually children or parents) of
    prominent state politicians for ransom or to force payment for services
    such as protection details and voter intimidation during elections.
        On March 1, South African sound engineer Nick Greyling, two
    Nigerian sports commentators, a cameraman, and 21 other passengers were
    taken hostage after their bus was attacked by gunmen near Lagos.
    Greyling and his associates were released four days later; it was not
    confirmed if a ransom was paid.
        In January 2009 unknown persons abducted Chief Nelson Effiong, the
    house speaker of Akwa Ibom State; he was released unharmed with no
    official report of a ransom paid.
        Also in January 2009 gunmen hijacked a foreign oil supply vessel,
    took nine crewmembers hostage, and demanded a ransom of $25 million.
    Four days later all crewmembers were released safely with no public
    report of a ransom being paid.
        In separate incidents in February 2009, criminals kidnapped the
    wife of a former petroleum minister, an electoral commission member of
    Rivers State, and an AGIP Oil Nigeria employee. The victims were
    released safely, with no public report of ransoms being paid.
        In June 2009 in Enugu State, gunmen abducted Uchenna Ani, a UN
    Development Program (UNDP) employee. On June 10, Ani was released after
    his family reportedly refused to pay a ransom.

        Physical Abuse, Punishment, and Torture.--In January 2009,
    following the razing of 10 villages in Abala, Abia State, the Abia
    State vigilante forces, local security forces hired by the state
    government, arrested five members of the Abala community and placed
    them in jails in Umuahia, Aba, and in Owerri, Imo State. Police
    reportedly beat detainees regularly with the butts of guns and knives.
    One of the detainees, Ikechukwu Nwagbara, was released after two
    months, but the location of the remaining four detainees remained
    unknown at year's end.
        In June 2009, during another JTF attack in the same area of Abia
    State, JTF forces allegedly raped numerous women and girls. Thousands
    of residents were displaced, property was destroyed, and refugees in
    camps were left without adequate food and water. No arrests were made
    in connection with the attack, which triggered extensive media
    criticism.

        Other Conflict-Related Abuses.--In May and June 2009 the JTF
    conducted a military offensive against Tom Polo, an ethnic Ijaw and one
    of the country's most influential and effective militant leaders. Using
    helicopter gunships the JTF destroyed Tom Polo's base in Gbaramatu
    Kingdom, attacked communities suspected of harboring militants, killed
    and injured numerous persons, and scattered survivors into local
    creeks. JTF patrol boats closed waterways while searching for
    militants. Civil society groups and Ijaw leaders reported the
    destruction of Oporoza, Benikrukru, Okenroekoko, and two other
    communities. Tens of thousands of persons were either displaced or lost
    their livelihoods because of the attacks. Critics charged that the
    attacks reduced security in the area because Tom Polo's followers
    escaped with their arsenal intact and moved into surrounding
    communities.
    Section 2. Respect for Civil Liberties, Including:

        a. Freedom of Speech and Press.--The constitution and law provide
    for freedom of speech and of the press; however, the Government
    sometimes restricted these rights in practice. Security forces beat,
    detained, and harassed journalists, sometimes for reporting on
    sensitive issues such as the president's health. Journalists practiced
    self-censorship, and local NGOs claimed that newspaper editors and
    owners did not report some killings and other human rights abuses, due
    in part to government intimidation.
        A large and vibrant private domestic press frequently criticized
    the Government. Only one national, government-owned daily newspaper was
    published. State and local governments owned daily or weekly
    newspapers. These state-owned publications tended to be poorly
    produced, had limited circulation, and required large state subsidies.
    There were 15 privately owned major daily newspapers, six weekly
    newsmagazines, and several sensationalist evening newspapers and
    tabloid publications.
        Government authorities attempted to impede public criticism.
        On April 1, a team of more than 50 armed police officers and 100
    armed vigilantes from Imo State allegedly broke into the offices of
    Excelsior Press Limited, destroyed equipment, stole 3.7 million naira
    ($24,000), and impounded books and other materials printed for the
    Alliance for Good Governance of Imo State, a political group.
        During the year three journalists were killed.
        On April 24, Muslim rioters killed Nathan S. Dabak and Sunday Gyang
    Bwede, both journalists for The Light Bearer, a publication of the
    Church of Christ in Nigeria, while the two covered sectarian violence
    in Plateau State. No separate police investigation occurred. Also on
    April 24, in a separate incident two unknown assailants shot and killed
    Edo Sule Ugbagwu, a judiciary correspondent with The Nation newspaper
    in a home invasion in which no robbery occurred. Security forces
    investigated the murder, but it remained unsolved at year's end.
        In the January 17 crisis in Jos, Christian journalists lost their
    equipment, and were harassed and wounded by rioters whom witnesses
    suspected of being Fulani herdsmen. On March 7, an angry crowd of
    mourners attending a Christian mass funeral in Jos assaulted state
    radio reporter Murtala Sani, a Muslim reporter who was assigned to
    cover the funeral. Police fired into the air to disperse the attackers.
    Sani was taken to a nearby hospital, treated, and released.
        There were no developments in the September 2009 killing of Bayo
    Ohu, a journalist with The Guardian.
        There were no developments in the separate killings of journalists
    Paul Abayomi Ogundeji and Eiphraim Audu in 2008.
        Journalists received death threats during the year. In April
    following the Government's decision to remove Independent National
    Electoral Commission (INEC) Chairman Maurice Iwu from his position,
    four journalists covering his removal for different news sources
    received anonymous death threats.
        On July 11, unknown assailants kidnapped four journalists returning
    to Lagos from a meeting of the Nigerian Union of Journalists in Akwa
    Ibom State. The journalists, Wahab Oba, Adolphus Okoronkwo, Sylva
    Okereke, and Sola Oyeyipo, and their driver were held for a week. The
    kidnappers allegedly demanded a ransom of 250 million naira ($1.7
    million), but released the journalists under pressure from the police.
    The governor removed the traditional ruler of the nearby local
    government, Eze Vincent Okezie Uche, from his position and charged him
    in court for allegedly sponsoring the kidnapping. The governor also
    suspended three other traditional rulers for their part in the
    kidnapping plot. The cases remained under investigation at year's end.
        Security forces beat journalists.
        For example, on January 21, Governor Ikedi Ohakim of Imo State sent
    a team of armed police to abduct Internet journalist Ikenna Samuelson
    Iwuoha from his home. They allegedly brought the journalist to the
    governor's office, where he allegedly was beaten by the governor
    himself and then detained by police without access to medical care.
    Iwuoha later was charged with eight counts of libel against the
    governor. Iwuoha later filed a lawsuit against the governor for his
    beating and ill treatment while in custody. His case had not come to
    trial by year's end.
        On March 15, the chief security officer for the Nasarawa state
    governor allegedly beat This Day reporter George Oko and National Life
    reporter Joseph Erunkeat at a political rally as they attempted to
    record the event. The journalists received medical treatment, but lost
    their equipment, including cameras, tape recorders, and cell phones;
    and unspecified amounts of money.
        On June 22, security agents allegedly attacked journalists for
    covering a brawl that erupted inside the House of Representatives. Two
    reporters from the Nigerian Compass, Wole Oladimeji and Julius Toba,
    allegedly were shoved, slapped and detained while trying to prevent
    guards from taking the camera of a Vanguard photographer who had taken
    pictures of the fight.
        There were no arrests in the June 2009 Delta State case in which
    police assaulted six journalists, seized their identification cards,
    and prevented them from covering the demolition of several buildings
    built on government land without official approval. The inspector
    general subsequently apologized to the six journalists, and the
    Ministry of Lands paid to replace a journalist's eyeglasses that were
    broken during the assault.
        No arrests were made in the January 2009 case in which unidentified
    gunmen broke into the apartment of The Scroll editor Janet Mba. Mba had
    called police before the gunmen entered the apartment, and they fled
    when police arrived.
        No developments occurred in the 2008 attack on a Channels TV
    cameraman who attempted to take pictures of a raid on the house of
    Niger Delta Peoples Volunteer Force leader Asari Dokubo, or the beating
    by police officers in Lagos of three journalists for attempting to
    cover an opposition political rally.
        Security forces detained journalists and seized newspapers. For
    example, in March 2009 police in Bayelsa State arrested and detained
    Akin Orimolade, the Abuja bureau chief of the newspaper National Life,
    and accused him of publishing a report that defamed Governor Timipre
    Sylva. Police held Orimolade for one week until Sylva ordered his
    unconditional release.
        No new developments occurred in the March 2009 case in which police
    detained Olusola Fabiyi, a journalist from the independent newspaper
    The Punch, alleging that he failed to disclose the source of a story
    that a PDP governor in a northern state plotted to kill former Lagos
    governor Ahmed Tinubu. After interrogation, police released Fabiyi on
    bail.
        There were no new developments in the July 2009 case in which
    police arrested and detained for six hours editor Shaka Momodu of a
    Lagos-based private newspaper for publishing allegedly defamatory
    information about a prominent businessman.
        No charges have been filed in the 2008 case in which SSS agents
    raided the offices of the newspaper Leadership, seized several
    computers, and arrested and detained Leadership publisher Sam Nda
    Isaiah; the agents questioned him for two days about a story reporting
    that President Yar'Adua was critically ill.
        There were no developments in the following 2008 cases of arbitrary
    arrest: the arrest without charge of online editor Jonathan Elendu
    after he published several reports speculating about the president's
    health; the arrest of Murtala Muhammad for speculating on the
    president's health in his online magazine Web site; and the arrests of
    Daily editor Abdulrazaque Bello Barkindo, Weekend editor Laura
    Olugbemi, and Weekend's former associate editor Simon Imoboswam for
    ``defamation of character'' after the three published articles about
    the president's health.
        There were 19 independently owned, private radio stations. The
    Government owned one radio network with 34 stations.
        In December 2009 Kano station Freedom Radio was removed from state
    government advertising and communication linkages after it broadcast
    reports critical of the state government. After a nine-month suspension
    the linkages were restored with Freedom Radio's management asserting
    the station would remain independent and continue to place the public
    interest first.
        In May 2009 the National Broadcasting Commission (NBC) ordered the
    closure of a private radio station in Akure, Ondo State, for failure to
    pay a fine imposed for broadcasting an interview with opposition
    political leaders; the NBC claimed the interview was ``capable of
    inciting people to violence on the eve of an April 24 local election.''
    Later that month, the Ondo State High Court ordered the NBC to allow
    the station to resume broadcasting, stating that it had not followed
    due process.
        In September 2009 security agents in Owerri, Imo State, detained
    and beat Wale Oluokun, a Radio Nigeria correspondent, after he reported
    on youths with visual disabilities who had marched on state offices to
    protest government neglect. Oluokun stated he was taken to the chief
    security officer, who took off his shoe and beat the reporter, followed
    by more beatings by the security officer's subordinates. Oluokun, who
    was hospitalized, claimed this was the second beating he had received
    from security personnel after a radio report.
        There were 14 independently owned private television stations and
    two privately owned direct-to-home satellite network stations. The
    Government owned one television network, the Nigerian Television
    Authority, with 96 affiliate stations. The law requires local
    television stations to limit programming from other countries to 40
    percent and restricts foreign content of satellite broadcasting to 20
    percent. In 2008 NBC chief executive Yomi Bolarinwa ordered that all
    local prime-time news broadcasts contain no more than 20 percent
    foreign content and that international news be broadcast live. The 2004
    NBC's prohibition of live broadcasts of foreign news and programs
    remained in force but did not apply to international cable or satellite
    services.
        Because newspapers and television were relatively expensive and
    literacy levels low, radio remained the most important medium of mass
    communication and information. The Government controlled much of the
    electronic media through the NBC, which was responsible for monitoring
    and deregulating broadcast media.
        The Government suspended television and radio stations. For
    example, in May 2009 the NBC suspended for two weeks the broadcast
    license of radio station Adaba 88.5 FM, based in Akure, because it had
    not paid a fine for political reporting that constituted ``incitement
    to violence.''
        Hamisu Lamido, a filmmaker who was arbitrarily arrested in 2008 for
    releasing a film before submitting it to the state censorship board,
    was released on bail after three months. In September, Lamido filed a
    lawsuit against the censorship board for defamation of character, which
    he won with an out of court settlement.
        Libel is a civil offense and requires defendants to prove the truth
    of opinion or value judgment contained in news reports or commentaries,
    or pay penalties. This limited the circumstances in which media
    defendants could rely on the defense of ``fair comment on matters of
    public interest'' and restricted the right to freedom of expression.
    Penalties for defamation of character included two years' imprisonment
    and possible fines.
        No actions were taken during the year to promote or improve freedom
    of the press.

        Internet Freedom.--There were few government restrictions on access
    to the Internet or reports that the Government monitored e-mail or
    Internet chat rooms. Individuals and groups generally engaged in
    peaceful expression of views via the Internet, including by e-mail,
    with few exceptions, According to the International Telecommunications
    Union, approximately 29 percent of the population had access to the
    Internet.
        Several Internet news sites critical of the Government experienced
    server problems, which site owners attributed to government
    interference. Such disruptions usually lasted a few hours.
        In March, a Kaduna Sharia court ordered the immediate suspension of
    all debates on blogs and on the online social networking sites Facebook
    and Twitter regarding the 1999 amputation of Bello Buba Jangebe's right
    hand as punishment for stealing a cow. The court issued a restraining
    order to prevent an NGO, the Civil Rights Congress, from discussing the
    decade-old case in its online forums. The presiding judge stated the
    defendants, as Muslims, had no right to question any judgment given by
    a Sharia court. The judge's order represented the first of its kind
    restricting Internet freedom.
        There were no reports of government attempts to collect or disclose
    personally identifiable information in connection with a person's
    peaceful expression of political, religious, or ideological opinion or
    belief.

        Academic Freedom and Cultural Events.--The federal government
    continued to restrict academic freedom by controlling elementary and
    secondary curriculums, including mandating religious instruction.

        b. Freedom of Peaceful Assembly and Association.--Freedom of
    Assembly.--The constitution and law provide for freedom of assembly;
    however, police effectively precluded antigovernment rallies by
    prohibiting any rally they deemed could result in violence, which. In
    areas that experienced societal violence, police and security forces
    permitted public meetings and demonstrations on a case-by-case basis.
        The Government occasionally banned gatherings whose political,
    ethnic, or religious nature might lead to unrest. Open-air religious
    services held away from places of worship remained prohibited in many
    states fearing that they might heighten interreligious tensions. Kaduna
    State continued to enforce a ban on processions, rallies,
    demonstrations, and meetings in public places on a case-by-case-basis.
        In February a weeklong annual musical festival in Kano, sponsored
    by the Alliance Francaise and with the patronage of the Emir, was
    canceled with only a few hours' notice because of a conflict with the
    Kano Censorship Board: one of the many local performers had apparently
    not registered in time for performance approval.
        The March 10 rally by the Save Nigeria Group (SNG) in Abuja was
    peaceful, as the crowd clamored for more information from government
    during the illness and absence of then-president Yar'Adua. The group
    was nonviolent and nonconfrontational as police were brought in,
    antiriot vans were stationed in the central area, and fortified
    construction trucks barricaded the entrance of the National Assembly's
    gate.
        On March 16, hundreds of youths chanting antigovernment slogans,
    joined by notable celebrities, forced their way through the gate of the
    National Assembly. They had sent letters prior to the march requesting
    meetings with lawmakers but a police spokesperson stated no request was
    received. Armed police prevented the group from entering the National
    Assembly buildings.
        On July 19, security forces turned a mass rally of youths away from
    the governor's office in Kano, preventing the youths from presenting a
    petition about the upcoming elections. Earlier, after initially being
    stopped by police, a leadership group was granted access to see the
    Emir of Kano, who spoke with the youths about their desire to express
    their ideas peacefully to leaders.
        On July 29, a peaceful rally by the SNG was disrupted in Yenagoa,
    Bayelsa State, when youths reportedly attacked the demonstrators with
    cutlasses and bottles. The SNG had earlier received a government permit
    for the rally; two police officers were injured along with two
    activists. Police arrested three of the attackers.
        Security forces used excessive force to disperse demonstrators
    during the year, resulting in numerous deaths and injuries (see section
    1.a.).

        Freedom of Association.--The constitution and law provide for the
    right to associate freely with other persons in political parties,
    trade unions, or special interest organizations, and the Government
    generally respected this right in practice. The constitution and law
    allow the free formation of political parties. There were 62 parties
    registered with INEC at year's end.

        c. Freedom of Religion.--For a complete description of religious
    freedom, please see the 2010 International Religious Freedom Report at
    http://www.state.gov/g/drl/irf/rpt

        d. Freedom of Movement, Internally Displaced Persons, Protection of
    Refugees, and Stateless Persons.--The constitution and law provide for
    freedom of movement within the country, foreign travel, emigration, and
    repatriation; however, security officials restricted freedom of
    movement at times by enforcing curfews in areas experiencing ethno-
    religious violence and routinely set up roadblocks and checkpoints to
    extort money from travelers. Security officials continued to use
    excessive force at checkpoints and roadblocks, which were sometimes
    maintained every few miles.
        The Government cooperated with the Office of the UN High
    Commissioner for Refugees (UNHCR) and other humanitarian organizations
    in assisting refugees and asylum seekers through the National
    Commission for Refugees (NCFR), its federal commissioner, and the
    National Emergency Management Agency (NEMA). The Eligibility Committee,
    on which the UNHCR has observer status, governed the granting of
    refugee status, asylum, and resettlement, and it also reviewed refugee
    resettlement.
        During the year state officials imposed dusk-to-dawn curfews in
    response to sectarian conflicts. For example, curfews were imposed from
    January through May in Jos, Plateau State, following ethno-religious
    violence.
        There are no legal grounds for forced exile, and there were no
    examples of formal legal proceedings to exile a citizen. However, there
    were citizens who self-exiled for political reasons, such as Nuhu
    Ribadu, former Chairman of the EFCC, who left the country in January
    2009 after threats on his life. Ribadu voluntarily returned in June.
        Internally Displaced Persons (IDPS)
        The NCFR estimated a total of one million IDPs at one time or
    another during the year, There was no national registration of
    internally displaced citizens, and no accurate count. There were many
    causes of displacement, including boundary and border disputes,
    sectarian and communal violence, localized political violence, forced
    evictions, conflict in the Niger Delta and Plateau State, the
    Government's use of force in efforts to eliminate extremist sects, such
    as Boko Haram, altered cattle grazing patterns due to climate change,
    and major flooding in the northwest. Government response to IDPs was
    uneven depending on the state affected. Federal NCFR budgets did not
    cover the need; state and federal emergency management resources were
    inadequate. A national IDP policy was under development but had not
    been signed by year's end.
        In January and March violent ethnic clashes near Jos caused up to
    30,000 persons to flee their homes for relative sanctuary in other
    villages or nearby Bauchi State. NEMA worked with civil society and
    religious groups in an attempt to provide food and shelter to IDPs.
    Bauchi State offered homes to families fleeing the violence, scattered
    them around the state to integrate them into small communities, and
    gave many families land to build a house and to have a plot to farm. At
    year's end most of these IDPs either moved back to their villages, or
    took up residence with family members; 5,000 IDPs permanently relocated
    to Bauchi State.
        Ethnic disputes over land and political power along the borders of
    Benue, Taraba, and Ebonyi States resulted in the displacement of
    hundreds of persons. The governors of Benue, Taraba, and Ebonyi States
    attempted to quell the violence through meetings with local leaders,
    curfews, and development programs. The federal government deployed
    mobile police units to affected areas to prevent further violence.
        The FCDA's continued demolition of illegal homes, businesses, and
    churches in the FCT left hundreds of persons homeless. A 2008 report by
    the Center on Housing Rights and Evictions and the Social and Economic
    Rights Action Center estimated that 800,000 persons were evicted in the
    FCT between 2003 and 2007.
        During the year authorities in Port Harcourt forcibly displaced
    residents on the waterfront in an area slated for redevelopment, an
    action that left thousands of residents homeless (see Section 1.f.). In
    October AI released the report Just Move Them: Forced Evictions in Port
    Harcourt, Nigeria documenting the forced eviction of tens of thousands
    of persons along the waterfront communities of Port Harcourt beginning
    in 2009.
        On February 21, state government authorities dislodged the Islamic
    sect, Islahudeen, from Niger State. Bulldozers razed the sect's central
    mosque and other buildings, dispersing the residents. A government
    spokesman declared the sect was preparing to cause violence.
        In August 2009, following the July uprising by Boko Haram militants
    across four northern states, Niger State police forces raided the
    compound of Darul Islam, an Islamic sect. According to state officials,
    civil society groups, and press reports, police arrested approximately
    4,000 persons, detained them for questioning, and searched the compound
    for weapons. Although no weapons were immediately found, the Government
    forcibly relocated sect members, including children, in an effort to
    disperse the sect's members before any violence could develop in their
    isolated village. The Government provided no notice and minimal
    compensation to residents, evicted approximately 1,250 members from
    their village, and sent them by bus to their states of origin. Another
    300 members were deported to Niger after police determined that they
    lacked proper citizenship documentation. Family members were moved into
    vacant schools and government buildings in their states of origin,
    where the lack of sanitation, food, and sleeping facilities resulted in
    outbreaks of cholera among sequestered groups. Police claimed that the
    arrests and evictions were intended to preempt the violence that had
    occurred the previous month in Boko Haram communities and that police
    had received reports that the community was forcibly holding women and
    children. However, human rights observers stated that the Government
    violated the constitutional and human rights of thousands of innocent
    persons.
        Since early 2009 as many as 1,000 fishermen and their families from
    the Bakassi Peninsula sought refuge near Calabar due to reported
    violence by Cameroonian police forces. This area was part of the lands
    which the International Court of Justice awarded to Cameroon pursuant
    to the 2007 Greentree agreement to settle the disputed land border
    between the two nations. Rivers State emergency services was trying to
    provide permanent housing and services for displaced citizens at year's
    end.

        Protection of Refugees.--The law provides for the granting of
    asylum or refugee status, and the Government established a system for
    providing protection to refugees. In practice the Government provided
    protection against the expulsion or return of refugees to countries
    where their lives or freedom would be threatened on account of their
    race, religion, nationality, membership in a particular social group,
    or political opinion.
        According to the UNHCR, the country had 8,747 refugees at year's
    end, most of whom were from Liberia, Cameroon, and the Democratic
    Republic of Congo. At year's end 5,316 Liberian refugees remained near
    Lagos, waiting either for repatriation, resettlement, or local
    integration. In addition, the UNHCR provided for 1,120 refugees from
    the Democratic Republic of Congo, Sudan, Chad, and other West African
    nations. There were 1,994 Nigerians who had been living on the
    Cameroonian side of the new border and were now settled in Bakassi,
    Cross River State, who are not considered refugees. Also 1,815 persons
    had requested asylum, 66 percent of them from the Democratic Republic
    of Congo.
        The NCFR established a camp in a remote area of Taraba State for
    refugees from Cameroon. An office operated by the NCFR in Maiduguri,
    Borno State, assisted refugees from Chad, but there was no official
    camp in that location.
        Refugee status for persons displaced by the civil war in Sierra
    Leone terminated in January 2009, when the camps were closed.
    Subsequently, 553 persons were repatriated to Sierra Leone. Another 240
    refugees who requested residency were provided two-year residency
    permits and help in obtaining passports from Sierra Leone; the refugees
    also received job training and small grants from the UNHCR to begin
    their lives in the country.
        As a result of repatriation and local integration, overcrowding in
    refugee camps decreased during the year. The camp at Oru, near Lagos,
    was decommissioned, although refugees continued to occupy buildings
    without permission. The UNHCR provided food, education, and job skills
    training, and refugees were able to move and work freely in the
    country. However, refugees, like citizens, had poor access to the
    police and courts and few opportunities for employment.
        The Government also provided temporary protection to a few hundred
    individuals who may not qualify as refugees.
    Section 3. Respect for Political Rights: The Right of Citizens to
            Change Their Government
        The constitution and law provide citizens with the right to change
    their government peacefully through periodic, free, and fair elections
    held on the basis of universal suffrage. The Government, however,
    abridged citizens' right to change their government during the 2007
    national and state elections, which were conducted amid widespread
    fraud and numerous incidents of violence.

        Elections and Political Participation.--In May 2007 Umaru Musa
    Yar'Adua was sworn in as president with his vice president, Goodluck
    Jonathan. The inauguration marked the first transition from one elected
    civilian presidential administration to another since the country
    gained independence from the United Kingdom in 1960. Forty-three
    parties participated in the national assembly elections, and 50 parties
    were listed on the ballot in the presidential election. However, the
    presidential, national assembly, gubernatorial, and state-level
    elections were marred by poor organization, widespread fraud, and
    numerous incidents of violence. Although the INEC claimed a 60-percent
    voter turnout nationwide, most independent observers estimated it was
    less than 20 percent. All major international and domestic independent
    observer groups questioned the fairness of the elections and cited
    problems throughout the country, including ballot stuffing, intentional
    miscounting at both polling stations and the ballot-compilation stages,
    underage voting, multiple voting, intimidation, violence, and at least
    300 deaths, including some politically motivated killings. Although all
    parties participated in the misconduct, observers cited violations by
    the ruling PDP significantly more often than those by other parties.
        In 2007 as part of his pledge to address the shortcomings in the
    electoral system, President Yar'Adua established the Electoral Reforms
    Committee, consisting of governmental and NGO representatives, which
    was charged with bringing the electoral process to international
    standards. The committee submitted its report to President Yar'Adua in
    December 2008, citing lack of independence for the INEC and state
    electoral committees as key deficiencies in the 2007 electoral process.
    The administration rejected crucial reforms outright, and forwarded
    seven of its own reforms to the National Assembly, where they
    languished without action.
        Following the elections, election tribunals received more than
    1,250 legal motions filed across the country to overturn the results of
    individual elections for all levels of government posts, including the
    presidency. Both major rival candidates of Yar'Adua--Atiku Abubakar and
    Muhammadu Buhari--petitioned for the annulment of the presidential
    race. The tribunal upheld the election, but Abubakar and Buhari
    appealed to the Supreme Court. In December 2008 in a 4-to-3 decision,
    the Supreme Court rejected the appeals, thereby upholding the election
    of President Yar'Adua. During the year courts continued to hear and
    adjudicate cases related to the 2007 elections.
        Political violence occurred at federal, state, and local levels, as
    well as within political parties. The Government made little effort to
    investigate or bring charges in any cases of political violence.
        Following the removal of Adamawa State house speaker and his deputy
    on April 5, about 200 PDP loyalist youths invaded the assembly complex,
    overpowered security guards, and threatened to burn the building. The
    youths protested the forced resignations of the speaker and his deputy,
    and the appointment of the new speaker, who had just defected from the
    minority party, Action Congress.
        Violence marred local elections during the year. In the April local
    area elections in the FCT, 41 persons were arrested because of violence
    at the polls. Charges included brandishing machetes and knives in an
    attempt to disrupt ballot counting; blocking the major road in the
    area, stranding several hundred cars; and smashing windshields and
    injuring motorists in protest over election results.
        On May 6, four unidentified gunmen opened fire as they raided the
    campaign office of a senate aspirant in Oyo State, injuring two aides,
    who were hospitalized. No arrests were made by year's end.
        On May 7, a violent clash between two factions of the PDP in Osun
    State killed two persons, and injured 25 others. The violence occurred
    during a political gathering when about 40 thugs allegedly stormed the
    meeting. No arrests were made public.
        On July 21, hoodlums armed with guns, machetes, and sticks attacked
    Oyo State elected officials at a village ceremony to inaugurate a new
    water well system. The attackers reportedly arrived at the scene in two
    18-seat buses, and injured aides of the senate leader and a house
    committee chairman. Eight victims were hospitalized, and six vehicles
    were vandalized in the attack.
        On August 7, hours after his official declaration to run for a
    house seat from Edo State, candidate Oghogho Omorogbe was confronted by
    a group of five gunmen, and shot. No arrests were made by year's end.
        On August 9, clashes between the All Nigeria People Party (ANPP)
    and PDP supporters in Zamfara State killed at least three persons,
    injured many others, and left at least six vehicles burned. The
    violence occurred when supporters of the ruling PDP governor sought to
    prevent the rival ANPP senate candidate from holding a rally.
        On August 28, a PDP rally in Maiduguri, Borno State, to introduce
    the support group for reelection of the president was marred by at
    least one death when armed youths invaded the meeting with knives and
    cutlasses. Police and security services broke up the fight with tear
    gas. No arrests were reported.
        Also on August 28, unknown gunmen killed a personal assistant to
    the Bauchi State governor, the latest of five attacks on politicians in
    Bauchi State.
        On June 24, the Senate confirmed the appointment of Professor
    Attahiru Jega as chairman of the INEC, to replace Maurice Iwu. Iwu had
    supervised the seriously flawed 2007 elections. Chairman Jega proceeded
    to nominate some new electoral commissioners, and promised to conduct
    credible elections in 2011. At year's end Jega continued to enjoy
    popular support for the changes he was making in preparation for the
    2011 elections.
        During the year the INEC registered new political parties, bringing
    the total number of parties to 62. Establishing a political party was
    relatively easy if the required fees were paid. Parties generally
    formed around individuals rather than on ideological grounds.
    Allegations continued that the PDP established new parties to confuse
    voters with large numbers of candidates.
        Membership in the majority party, PDP, conferred advantages,
    primarily in employment. Police arbitrarily arrested opposition
    leaders.
        In June 2009 the Bauchi State house of assembly impeached Deputy
    Governor Muhammad Gaba Gadi, who refused to move to the PDP along with
    the governor in April, for alleged financial wrongdoing. Legislators
    reportedly were offered 10 million naira ($67,000) each for their
    signatures.
        In August citizens in the diaspora petitioned the INEC to be able
    to vote in the 2011 national elections, but the required technology and
    organization were not available. According to the petitioners, of the
    20 million citizens living abroad, approximately five million would be
    eligible to vote.
        Men continued to account for more than 90 percent of the country's
    appointed and elected officials in more than 500 ministerial and
    national assembly positions. There were only eight female ministers out
    of 42, eight female senators out of 109, and 25 female representatives
    out of 360. Although there were no female governors, four of 36 states
    had female deputy governors. President Jonathan appointed a woman as
    the minister of petroleum resources, a key cabinet position.
        To promote national unity and loyalty, the law mandates that the
    composition of the federal, state, and local governments and their
    agencies, as well as the conduct of their affairs, reflect the diverse
    character of the country. The current administration demonstrates this
    diversity. President Jonathan is an Ijaw from the southern state of
    Bayelsa, the vice president is a Hausa Fulani from the northern state
    of Kaduna, the senate president is an Idoma from the central state of
    Benue, and the speaker of the house is Yoruba from the southwest state
    of Ogun. The Government attempted to balance other key positions among
    the different regions and ethnic groups. The majority PDP party also
    engaged in ``zoning,'' a practice of rotating positions within the
    party among the different regions and ethnic groups to ensure that each
    region was given adequate representation. This practice has become an
    issue as Jonathan's transition from vice president to president after
    the death of former President Yar'Adua, a northerner, upset the prior
    rotational scheme. With more than 250 ethnic groups, it was difficult
    to ensure representation of every group in the Government.
    Section 4. Official Corruption and Government Transparency
        Corruption was massive, widespread, and pervasive at all levels of
    government and throughout the security forces. The constitution
    provides immunity from civil and criminal prosecution to the president,
    vice president, governors, and deputy governors while in office.
        There was a widespread perception that judges were easily bribed
    and that litigants could not rely on the courts to render impartial
    judgments. Citizens encountered long delays and frequent requests from
    judicial officials for bribes to expedite cases or obtain a favorable
    ruling.
        Police corruption remained rampant, particularly at highway
    checkpoints. Police routinely stopped drivers who had committed no
    traffic infractions, refusing to allow them to continue until they paid
    bribes. The police inspector general attempted to strengthen the Police
    Monitoring Unit, which was charged with visiting police stations to
    search officers for signs of accepting bribes; however, the unit was
    ineffective and made no arrests by year's end. Citizens could report
    incidents of police corruption to the NHRC; however, it had no power to
    act on such complaints, and no other mechanism was available to
    investigate security force abuse.
        On August 17, Human Rights Watch (HRW) released Everyone's in on
    the Game, a report on corruption and human rights abuses by the police.
    HRW compiled information from 145 interviews, and documented pervasive
    police extortion with impunity committed by police officers throughout
    the country. Police demanded bribes, threatened arrest and physical
    harm, and enforced a system of ``returns'' in which officers were
    compelled to pay up the chain of command a share of the money they
    extorted from the public. This system undermined the rule of law and
    created a large disincentive for superior officers to hold their
    subordinates accountable for extortion and other abuses.
        Public officials, including president, vice president, governors,
    deputy governors, and legislators (at both federal and state levels)
    were subject to financial disclosure laws, including the requirement to
    declare their assets before assuming and after leaving office.
    Violators are subject to prosecution, but cases rarely came to
    conclusion.
        The EFCC's anticorruption efforts were largely ineffectual. The
    2008 replacement of its internationally respected chairman, Nuhu
    Ribadu, and transfer of many of its senior personnel raised questions
    about the Government's commitment to fighting corruption.
        Despite the arrest of several high-ranking officials by the EFCC,
    allegations continued that agency investigations targeted individuals
    who were out of favor with the Government, while those who were in
    favor continued their activities with impunity. Since 2007 the EFCC has
    indicted 13 former state governors on corruption charges; only one of
    those governors, Lucky Igbinedion of Edo State, was convicted, in this
    case through a plea bargain. The courts have granted bail to all the
    others: Ayo Fayose, Ekiti; Joshua Dariye, Plateau; Saminu Turaki,
    Jigawa; Orji Uzor Kalu, Abia; James Ibori, Delta; Jolly Nyame, Taraba;
    Chimaroke Nnamani, Enugu; Michael Batmang, Plateau; Boni Haruna,
    Adamawa; Rasheed Ladoja, Oyo; Abdullahi Adamu, Nasarawa; and Attahiru
    Bafarawa, Sokoto.
        Former Delta State governor James Ibori was acquitted on 170 counts
    of corruption charges. He continued to face court charges in the United
    Kingdom for money laundering and other financial crimes stemming from
    embezzlement during his government tenure. At year's end Ibori faced
    extradition from Dubai to London. The EFCC cooperated with London
    police on the case, and EFCC Chairperson Farida Waziri told media
    sources she was under no pressure to drop the case.
        According to the results of an investigation by a foreign
    legislative body released in February, Atiku Abubakar, a former vice
    president and former presidential candidate, and his wife, Jennifer
    Douglas Abubakar, removed more than $40 million in suspect funds from
    the country between 2000 and 2008. The sum reportedly included at least
    $1.7 million in bribe payments from a foreign corporation. By the end
    of the year the EFCC took no action on this published report.
        On February 21, the EFCC authorities arrested former Nasarawa State
    governor Abdullahi Adamu on allegations of the fraudulent awarding of
    contracts and stealing of public funds estimated at 15 billion naira
    ($100 million) during his eight years in office which ended in 2007.
    The court immediately granted Adamu bail. Supporters questioned the
    timing of the charges; the announcement came just days after Adamu
    declared his intention to run for governor again. At year's end Adamu's
    motion to dismiss the case was pending in the Federal High Court in
    Lafia, Nasarawa.
        On May 3, authorities arraigned former PDP National Chairman
    Vincent Ogbulafor on 17 criminal counts of corruption and money
    laundering in the amount of 2.3 billion naira ($15 million). Ogbulafor
    filed a petition to dismiss the charges. The case remained active at
    year's end.
        On August 1, the Nigeria Extractive Industries Transparency
    Initiative (NEITI) board fired NEITI's executive director over
    allegations including double payment of salaries, expense account
    payments for trips not taken, and payments of honoraria and other
    allowances not authorized for government staff. The report came from an
    employee who was later dismissed. No charges were filed.
        In November the EFCC detained ten expatriate and Nigerian employees
    of Halliburton and its subsidiaries in connection with the $180-million
    bribery scandal that occurred between 1995 and 2005. The EFCC released
    the employees but held their passports and required that they remain in
    the country, pending subsequent legal action.
        In August, Attorney General Mohammed Adoke announced that the
    Government could not authenticate the Pius Okigbo Panel report on
    former military president and general Ibrahim Babangida which charged
    that Babangida mismanaged 12.4 billion naira ($82 million) during his
    administration. The civil society group Socio-Economic Rights and
    Accountability Project accused the attorney general of a cover-up by
    refusing to accept its copy of the report, which the organization
    forwarded to Adoke in May after he was unable to locate the original.
        In June 2009 the newly appointed Central Bank Governor Lamido
    Sanusi fired the managing directors of eight banks with large
    portfolios of nonperforming loans.
        In August 2009 the central bank governor replaced the heads of four
    banks after the banks failed corporate governance audits. In October
    2009 Sanusi replaced the heads of four additional banks for the same
    reasons. Legal proceedings broadened by year's end to include a total
    of 29 bank executives. Among the bank executives facing charges, one
    faced a 25-count criminal charge for fraud of more than 160 billion
    naira ($1 billion), while another faced a 22-count criminal charge of
    the fraud of 350 billion naira ($2.3 billion).
        In October 2009 the courts convicted former Nigerian Ports
    Authority (NPA) board chairman Bode George and five other commissioners
    of abuse of public office in the improper awarding of contracts. George
    was sentenced to 30 months in prison without the option of paying a
    fine.
        In December 2009 the EFCC arrested former Sokoto State governor
    Attahiru Bafarawa, who was attending an opposition meeting to plan a
    new ``mega'' opposition party. Bafarawa was charged with embezzlement
    of public funds in 2007, which he denied. Observers charged that the
    arrest was an attempt to harass opponents of the ruling party. The
    court granted Bafarawa bail, and his case is pending.
        The corruption trial of former Ekiti State governor Ayodele Fayose
    in March was moved at his request to the Ekiti courts, rather than
    Lagos, where the EFCC originally brought charges. In 2006 he was
    accused of laundering 1.4 billion naira ($9 million) while in office.
    The case continued at year's end.
        Trials also remained pending in the 2008 corruption cases against
    former aviation ministers Femi Fani-Kayode and Babalola Borishade for
    the alleged embezzlement of 19.5 billion naira ($130 million), former
    Adamawa State governor Boni Haruna for misappropriating 93 million
    naira ($620,000), and the former chairman of the NPA board of directors
    and five other NPA members for illegally awarding contracts worth 84
    billion naira ($558 million).
        No laws provide for access to government information, and in
    practice the Government provided limited access. In contrast, the
    Rivers State government for the first time published information on its
    2010 state budget allocations and expenditures.
    Section 5. 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 sometimes cooperative and responsive to their views.
        The NHRC, which the Government tasked with monitoring and
    protecting human rights, maintained zonal affiliates in the country's
    six political regions. Since its inception, the NHRC's operations have
    been limited by insufficient funding. The commission also lacked an
    independent budget and judicial authority, and could only make
    nonbinding recommendations to the Government. The commission published
    periodic reports detailing specific human rights abuses, including
    torture and poor prison conditions. The Government removed two prior
    effective and outspoken NHRC executive secretaries without public
    justification. The current leader, a former official of the justice
    ministry, was outspoken and publicly advocated for human rights and an
    independent budget. The president is empowered by law to remove the
    NHRC executive secretary if the public is not being well served.
        During the year the Government arbitrarily arrested NGO members.
        For example, in May two members of the Civil Liberties Organization
    (CLO) were attacked by air force police in Lagos after they tried to
    investigate the case of Ebere Ihiedoha, whom air force officers beat
    almost to death at a base in Ikeja, Lagos, for a minor traffic offense.
    Senior officials made no attempt to investigate the incident by year's
    end. CLO members attempted to press charges at the hospital where they
    received treatment after the attack, but the doctor refused to issue
    them a medical certificate due to fear of retaliation from air force
    officers.
        On November 9, a group of EFCC officers and mobile police visited
    the Child Rights and Rehabilitation Network (CRARN) shelter to arrest
    Sam Itauma, the director of the CRARN, at the request of the state
    governor. When reached by telephone, Itauma was asked to appear at EFCC
    offices to answer charges of fraud. In the director's absence, police
    attempted to arrest other personnel as children and other staff
    obstructed the arrests. Four children were beaten and required medical
    attention.
        In May 2009 members of the Eagle Squad, a special police force
    sponsored by the Government of Osun State, arrested 12 leaders of the
    Osun State Civil Societies Coalition Against Corruption and Rights
    Violations; the arrests occurred immediately after revocation of bail
    for the 12, who were arrested in 2008 for protesting an election
    tribunal decision.
        The Government cooperated with international nongovernmental
    organizations and permitted visits by UN representatives or other
    organizations during the year. The Government did not interfere with
    international human rights organizations which visited the country to
    research human rights violations, police abuses, and ethnic conflicts.
    HRW, AI, and various UN agencies published reports.
        Civil society groups requested both the UN Special Representative
    for the Prevention of Genocide and the International Criminal Court to
    visit Jos and launch investigations into the ethnic violence and
    government's lack of response. No visits had occurred by year's end.
        On August 17, HRW released Everyone's in on the Game, a compilation
    of 145 interviews on corruption and human rights abuses by the police
    force between 2008 and 2010 (see section 4).
        The Open Society Justice Initiative and the NOPRIN published a 129-
    page report, Criminal Force: Torture, Abuse, and Extrajudicial Killings
    by the Nigeria Police Force (see sections 1.a and 4).
        In December 2009 AI published Killing at Will: Extrajudicial
    Executions and Other Unlawful Killings by the Police in Nigeria, which
    documented 39 cases of security force killings and enforced
    disappearances and was based on interviews and research conducted
    between July 2007 and July 2009 (see section 1.a.).
    Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
        The constitution and law prohibit discrimination based on
    community, place of origin, ethnic group, sex, religion, or political
    opinion; however, the Government did not enforce the law effectively.
    The constitution prohibits discrimination based on the circumstances of
    a person's birth. However, the constitution does not explicitly
    prohibit discrimination based on disability.

        Women.--The law criminalizes rape and provides penalties of 10
    years' to life imprisonment, as well as fines of 200,000 naira ($1,330)
    for those convicted of rape, but societal pressure and the stigma
    associated with being a rape victim reduced both the percentage of
    rapes reported and the penalties imposed for conviction. The law
    recognizes spousal rape as a separate offense; however, spousal rape
    was difficult to prove in court, and no such prosecutions were reported
    during the year. Rape continued to be epidemic in universities. In 2006
    AI issued a report criticizing the judicial system for a conviction
    rate of only 10 percent of the total number of rape prosecutions.
        In May the Open Society Justice Initiative released a report on
    corruption within the country's police force that highlighted the
    problem of rape of arrested prostitutes by police. The report described
    police officers raping women who could not pay as little as 1,000 naira
    ($6) for their release. Police allegedly raped women who came to report
    crimes at police stations. The report also claimed that officers, both
    male and female, sodomized women with bottles and metal pipes.
        In August, HRW released a report detailing widespread police abuse
    of power, including acts, or threats, of rape or sexual assault, as a
    means to extort bribes from female detainees or women traveling between
    road checkpoints.
        Female students of Delta State University, Asaba, in November
    complained of frequent rape incidents in their dormitories. The school
    authorities claimed the charges were untrue. A reporter documented
    several rapes where there were no arrests and school authorities blamed
    the victims insisting they were ``not careful enough.''
        In October 2009 the Government implemented its Niger Delta amnesty
    program to rehabilitate former militants. In November 2009 a group was
    relocated adjacent to the University of Port Harcourt, where shortly
    afterward the former militants raped dozens of female students. There
    were no arrests reported, but the federal and Rivers State governments
    relocated the former militants to an unknown location. No action
    against perpetrators was taken during the year.
        According to the 2008 Nigeria Demographic and Health Survey (NDHS),
    three percent of married women between the ages of 15 and 49 years
    experienced spousal rape.
        The constitution provides for equality and freedom from
    discrimination; however, no laws criminalize gender-based violence, and
    some federal laws condone such violence. For example, the penal code
    permits husbands to use physical means to chastise their wives as long
    as it does not result in ``grievous harm,'' which is defined as loss of
    sight, hearing, speech, facial disfigurement, or life-threatening
    injuries. Penalties for the sexual assault of a man exceed the
    penalties for the same offense against a woman.
        Domestic violence was widespread and often considered socially
    acceptable. In a survey released in November 2009, 28 percent of women
    reported experiencing violence after age 15, the majority of which was
    inflicted by a husband or partner. Police did not intervene in domestic
    disputes. In rural areas courts and police were reluctant to intervene
    to protect women who formally accused their husbands of abuse if the
    level of alleged abuse did not exceed customary norms in the areas.
    According to the 2008 NDHS, 43 percent of women and 30 percent of men
    between the ages of 15 and 49 agreed that a husband was justified in
    hitting or beating his wife for at least one of five specified reasons,
    including burning food and arguing.
        Project Alert on Violence Against Women, a local NGO, continued
    various outreach efforts to combat domestic violence, including
    training programs to sensitize police to domestic violence, support
    groups and programs for male abusers, and assistance to faith-based
    organizations in counseling victims of domestic abuse. Project Alert
    also operated a shelter, Sophia's Place, for victims of domestic
    violence, which offered services such as counseling, legal aid, and
    acquisition of skills. The Women's Rights Advancement and Protection
    Alternative also served as a leading voice in the campaign against
    violence against women and continuously advocated passage of
    legislation to protect women's rights.
        On June 10, the Government deposed the traditional ruler of Akure
    Kingdom in Ondo State after he attacked one of his wives in the street
    in full view of witnesses. Police stated that they would press assault
    charges against the perpetrator, and the actions were widely criticized
    in Ondo State and Abuja. In a countermeasure, the accused filed an
    injunction naming police and the courts and asking the court to drop
    the case. The courts had not begun to hear the case by year's end.
        Sexual harassment remained a common problem. No statutes prohibit
    sexual harassment, but authorities may prosecute violent forms under
    assault statutes. The practice of demanding sexual favors in exchange
    for employment or university grades was common. Women suffered
    harassment for social and religious reasons in some regions. Purdah,
    the cultural practice of secluding women and pubescent girls from
    unrelated men, continued in various parts of the north.
        Couples and individuals generally had the right to decide freely
    and responsibly the number, spacing, and timing of children; however,
    effective information and counseling on reproductive health was not
    widely available to women and couples. According to the 2008 NDHS, 70
    percent of women knew about at least one method of family planning;
    however, only 15 percent used any kind of birth control, and only 10
    percent of women used modern methods. Approximately 50 percent of the
    population was adolescents, many of whom were sexually active, but few
    of whom had access to contraceptives. The UN Population Fund reported
    the maternal mortality rate at 840 deaths for every 100,000 live births
    in 2008, a high rate partially due to births to adolescents and women
    at high risk of complications from pregnancy. About 53,000 women and
    250,000 newborns die annually from complications of childbirth. About
    39 percent of live births were assisted by a trained health
    professional. Women married young and averaged a fertility rate of 5.7
    children; 36 percent of mothers did not receive any prenatal care, and
    only 38 percent of new mothers received postnatal examinations within
    two days of delivery. Women and men were given equal access to
    diagnostic services and treatment for sexually transmitted infections.
        Women also experienced considerable economic discrimination. There
    are no laws barring women from particular fields of employment, but
    women often experienced discrimination under traditional and religious
    practices. The country's NGO coalition expressed concern over continued
    discrimination against women in the private sector, particularly in
    access to employment, promotion to higher professional positions, and
    salary equality. According to credible reports, many businesses
    operated with a ``get pregnant, get fired'' policy. Women remained
    underrepresented in the formal sector but played active and vital roles
    in the country's informal economy. The number of women employed in the
    business sector increased every year, but women did not receive equal
    pay for equal work. According to the UNDP's 2007-08 Human Development
    Report, women earned only 40 percent of what men earned and often found
    it difficult to acquire commercial credit or obtain tax deductions or
    rebates as heads of households. Unmarried women, in particular, endured
    many forms of discrimination.
        Some women made considerable progress in both the academic and
    business worlds, but women overall remained marginalized. No laws
    barred women from owning land, but some customary land tenure systems
    allowed only men to own land, and women could gain access to land only
    through marriage or family. Many customary practices also did not
    recognize a woman's right to inherit her husband's property, and many
    widows became destitute when their in-laws took virtually all the
    deceased husband's property.
        In some parts of the country, widows experienced unfavorable
    conditions as a result of discriminatory traditional customs and
    economic deprivation. ``Confinement,'' which occurred predominantly in
    the northeast, was the most common rite of deprivation to which widows
    were subjected. Confined widows were under social restrictions for as
    long as one year and usually were expected to shave their heads and
    dress in black as part of a culturally mandated mourning period. In
    other areas a widow was considered a part of her husband's property to
    be ``inherited'' by his family.
        Polygyny is legal and continued to be practiced widely among many
    ethnic and religious groups.
        Women in the 12 northern states were affected to varying degrees by
    Sharia law. In Zamfara State, local governments enforced laws requiring
    the separation of Muslim men and women in transportation and health
    care. The Kano State prohibition on commercial motorcycle taxis taking
    women as passengers remained in place; however, it was not strictly
    enforced.
        The testimony of women was given less weight than that of men in
    many criminal courts.

        Children.--Citizenship of a child is derived from the parents. The
    Government does not require birth registration, and the majority of
    births were unregistered; however, this did not result in denial of
    education, health care, or other public services.
        Public schools remained substandard, and limited facilities
    precluded access to education for many children. The law calls for the
    Government--when practical--to provide free, compulsory, and universal
    primary education to age 12. However, compulsory primary education
    rarely was provided, and there were numerous mandatory school fees.
    Most educational funding came from the federal government, with state
    governments required to pay a share; however, not all state governments
    released their funding share. It was estimated that up to 10 million
    children were outside the conventional school system. As a result of
    the Government's failure to pay them for months at a time, primary,
    secondary, and university teachers were frequently on strike. In many
    parts of the country, girls were discriminated against in access to
    education for social and economic reasons. When economic hardship
    restricted families' ability to send children to school, many girls
    were redirected into activities such as domestic work, trading, and
    street vending. Many families favored boys over girls in deciding which
    children to enroll in elementary and secondary schools. According to
    UNICEF, for every 10 girls in school, there were more than 22 boys. For
    young persons between the ages of 17 and 25 years, 25 percent had fewer
    than two years of education.
        Child abuse was common throughout the country. The Government
    criticized child abuse and neglect but did not undertake significant
    measures to stop traditional practices harmful to children, such as
    sales of young girls into marriage. According to credible reports, poor
    families sold their daughters into marriage to supplement their
    incomes. Families sometimes forced young girls into marriage as early
    as puberty, regardless of age, to prevent ``indecency'' associated with
    premarital sex or for other cultural and religious reasons. Human
    rights groups reported sexual assaults and rapes of young girls,
    especially in the north.
        On March 17, Zamfara Senator Sani Ahmed Yerima married a 14-year-
    old Egyptian girl at the central mosque in Abuja, in violation of the
    2003 Child Rights Act adopted by the FCT. He maintained that he was not
    subject to civil laws, only Sharia law. The case was brought to the
    attorney general for possible prosecution, but no decision was made by
    year's end.
        On August 22, Abubakar Rabo Abdulkareem, the director of Kano's
    State Censorship Board, allegedly engaged in sexual activity with a
    minor. Police encountered him with the minor in his car and chased him
    at high speeds until he hit a motorcyclist, who was injured. Charges
    had not been filed by year's end.
        The 2008 NDHS reported that 30 percent of women in the country had
    been subjected to FGM. While practiced in all parts of the country, FGM
    was most prevalent in the southern region among the Yoruba and Igbo.
    Infibulation, the most severe form of FGM, was infrequently practiced
    in northern states but was common in the south. The age at which women
    and girls were subjected to the practice varied from the first week of
    life until after a woman delivered her first child; however, most women
    were subjected to FGM before their first birthday.
        The law criminalizes the removal of any part of a sexual organ from
    a woman or girl, except for medical reasons approved by a doctor.
    According to the provisions of the law, an offender is any woman who
    offers herself for FGM; any person who coerces, entices, or induces any
    woman to undergo FGM; or any person who, for other than for medical
    reasons, performs an operation removing part of a woman's or a girl's
    sexual organs. The law provides for a fine of 50,000 naira ($330), one
    year's imprisonment, or both, for a first offense and doubled penalties
    for a second conviction.
        The federal government publicly opposed FGM but took no legal
    action to curb the practice. Twelve states banned FGM. However, once a
    state legislature criminalized FGM, NGOs found that they had to
    convince the local government authorities that state laws were
    applicable in their districts. The Ministry of Health, women's groups,
    and many NGOs sponsored public awareness projects to educate
    communities about the health hazards of FGM; however, underfunding and
    logistical obstacles limited their contact with health care workers.
        FGM often resulted in obstetrical fistula (a tearing of the vaginal
    area as a result of prolonged, obstructed labor without timely medical
    intervention). Most fistulas resulted in the death of the baby and
    chronic incontinence in the woman. The social consequences of fistula
    included physical and emotional isolation, abandonment or divorce,
    ridicule and shame, infertility, lack of economic support, and the risk
    of violence and abuse. The absence of treatment greatly reduced
    prospects for work and family life, and women affected often were left
    to rely on charity.
        There is no statutory rape law. Child prostitution is prohibited,
    with penalties of up to seven years' imprisonment for the adult
    involved. The minimum age of consensual sex is 18. The Child Rights
    Act, which provides penalties for pornography, was not implemented in
    all states.
        Children accused of witchcraft were kidnapped, tortured, and
    killed. In September media reported that the public outcry and effort
    by the Government, particularly in Akwa Ibom State, had caused a drop
    in new cases of children abused for alleged witchcraft. According to
    two local NGOs, Stepping Stones Nigeria (SSN) and the CRARN, attackers
    drove nails into children's heads, cut off fingers, tied children to
    trees, and abandoned them in the jungle. Self-proclaimed ``bishop''
    Sunday Williams publicly claimed to have killed 110 child witches and
    asserted that Akwa Ibom had as many as 2.3 million witches and wizards
    among its population of 3.9 million. In 2008 authorities arrested
    Williams and charged him with torture and murder; he was arraigned in
    May 2009, and the case continued at year's end. The Government did not
    acknowledge the wider problem of accusing children of witchcraft. The
    state governor, reacting to international press stories of persecution
    of children accused of witchcraft in Akwa Ibom, issued arrest warrants
    for the leaders of the SSN and the CRARN for alleged misappropriation
    of funds and personal gain. The cases were pending at year's end with
    outstanding warrants for the shelter's directors.
        On September 24, in Akwa Ibom State, a father was arrested after he
    buried his six-year-old twin sons in a shallow grave; the boys were
    rescued when villagers heard their cries. The father believed the boys
    were wizards who were responsible for the death of his wife, their
    mother. The police asserted that they were ready to arrest anyone who
    committed a crime under the guise of witchcraft, but a clan leader
    complained that, rather than celebrating the father who discovered
    witchcraft in his children, the police were called.
        In July 2009 police in Eket, Awka Ibom State, raided the CRARN
    shelter that housed 150 abused and neglected children, some of whom had
    fled their homes after being accused of witchcraft. Police beat
    children who tried to stop the arrest of two staff members. The two
    were released later after the governor's office intervened; two girls,
    aged 11 and 12 years, were left unconscious.
        The Government did not conscript nor recruit persons under the age
    of 18 into the military forces.
        In June, President Jonathan stated that there were 17.5 million
    vulnerable children, including 7.3 million orphans. According to 2009
    UN statistics, 1.2 million children were orphaned due to HIV/AIDS.
    UNICEF added that 25 percent of children in the country, including
    orphans, were vulnerable due to inadequate nutrition, poor access to
    health care, and infrequent school attendance.
        On May 24, an illegal orphanage that allegedly sold babies was
    discovered in Delta State. The proprietor reportedly coerced pregnant,
    unmarried mothers to sign over their babies. The police discovered six
    pregnant girls, among them a 14-year-old. The case had not come to
    court by year's end.
        Many children were homeless and lived on the streets. There were no
    known statistics on their numbers. Major factors causing children to
    turn to the streets included instability in the home, poverty, hunger,
    abuse and violence by parents, and displacement caused by clashes in
    the community.
        In December, the Ministerial Committee on Madrasah Education
    reported 9.5 million children were ``almajirai,'' or children whose
    parents sent them from their rural homes to urban areas with the
    expectation that they would study and live with Islamic teachers.
    Instead of receiving an education, however, many almajirai became child
    beggars who were forced to work manual jobs or beg for money that was
    then turned over to their teacher. The religious leaders often did not
    provide the almajirai with sufficient shelter or food, and many of
    these children were effectively homeless. In 2008 the Government
    distributed 90 million naira ($600,000) to 15 states to introduce
    Koranic education into the mainstream educational system to
    rehabilitate, integrate, and educate almajirai. There were no reports
    that the program resulted in removing almajirai from the streets.

        International Child Parental Abductions.--The country is not a
    party to the 1980 Hague Convention on the Civil Aspects of
    International Child Abduction. For information on international
    parental child abduction, please see the Department of State's annual
    report on compliance at http://travel.state.gov/abduction/resources/
    congressreport/congressreport--4308.html.

        Anti-Semitism.--There were no reports of anti-Semitic acts during
    the year. An estimated 700 to 900 members of the Jewish community
    resided in Abuja, all foreign employees of international firms, and
    worshipped together in one synagogue.

        Trafficking in Persons.--For information on trafficking in persons,
    please see the Department of State's annual Trafficking in Persons
    Report at www.state.gov/g/tip.

        Persons With Disabilities.--The constitution does not prohibit
    explicitly discrimination based on disability; however, it does
    prohibit discrimination based on the circumstances of one's birth. No
    laws prohibit discrimination against persons with physical, sensory,
    intellectual, or mental disabilities in employment, education, access
    to health care, or the provision of other state services. There were no
    laws requiring physical accessibility, or access to information or
    communications for persons with disabilities.
        Mental health facilities were almost nonexistent. All disabled
    prisoners were kept with the general inmate population without regard
    to disability, and no additional services were available.
        Persons with disabilities faced social stigma, exploitation, and
    discrimination, and they were often regarded by their families as a
    source of shame. Many families viewed children with disabilities who
    could not contribute to family income as liabilities and sometimes
    severely abused or neglected them. Many indigent persons with
    disabilities begged on the streets.
        The Government ran vocational training centers in Abuja and Lagos
    to train indigent persons with disabilities. Individual states also
    provided facilities to assist blind and other persons with physical
    disabilities to become self-supporting. Persons with disabilities
    established self-help NGOs, such as the Hope for the Blind Foundation
    in Zaria, the Kano Polio Victims Trust Association, the Joint National
    Association of Persons with Disabilities, the Albino Foundation, and
    Comprehensive Empowerment of Nigerians with Disabilities.

        National/Racial/Ethnic Minorities.--The country's population was
    ethnically diverse and consisted of more than 250 groups, many of which
    were concentrated geographically and spoke distinct primary languages.
    There was no majority ethnic group; however, the three major groups--
    Hausa, Igbo, and Yoruba--jointly constituted approximately half the
    population. Ethnic discrimination was widely practiced by members of
    all ethnic groups and was evident in private-sector hiring patterns and
    the effective ethnic segregation of urban neighborhoods. A long history
    of tension existed between some ethnic groups.
        Many groups complained of insufficient representation in
    government.
        The law prohibits ethnic discrimination by the Government, but
    claims of marginalization continued, particularly by members of
    southern groups and Igbos. Ethnic groups of the Niger Delta continued
    their calls for senior representation on petroleum agencies and
    committees and within security forces.
        In September the naming of an Igbo as the commander of the army was
    seen by many citizens to be an effort to address long-standing
    discrimination against Igbos in the military, a practice that has been
    in place since the end of the Biafran War in 1970.
        The constitution requires that the Government have a ``national
    character,'' meaning that cabinet and other high-level positions are
    distributed to persons representing each of the 36 states, or each of
    the six geopolitical regions. Traditional relationships were used to
    pressure government officials to favor particular ethnic groups in the
    distribution of important positions and other patronage.
        All citizens have the right to live in any part of the country, but
    state and local governments frequently discriminated against ethnic
    groups not indigenous to their areas, occasionally compelling
    individuals to return to a region where their ethnic group originated
    but to which they had no personal ties. The Government sometimes
    compelled nonindigenous persons to move by threats, discrimination in
    hiring and employment, or destruction of their homes. Those who chose
    to stay sometimes experienced further discrimination, including denial
    of scholarships and exclusion from employment in the civil service,
    police, and the military.
        For example, in Plateau State, the Hausa and Fulani, most of whom
    were Muslim and considered nonindigenous, claimed to face significant
    discrimination from the local government in land ownership, jobs,
    access to education, scholarships, and government representation.
        Religious differences often mirrored regional, ethnic, and
    occupational differences. For example, in many areas of the Middle
    Belt, Muslim Fulani tended to be pastoralists, while the Muslim Hausa
    and Christian Igbo and other ethnic groups tended to be farmers or work
    in urban areas. Consequently, ethnic, regional, economic, and land use
    competition often correlated with religious differences between the
    competing groups.
        Incidents of extreme sectarian violence between Christians and
    Muslims in the Middle Belt resulted in numerous deaths and injuries,
    the displacement of thousands of persons, and widespread property
    destruction.
        On January 17, violence erupted in the city of Jos in Plateau
    State. Accounts varied as to what sparked the violence. Continuing
    violence in the succeeding days killed an estimated 326 persons,
    primarily Muslim women and children, displaced approximately 15,000
    persons, and resulted in numerous injuries and extensive property
    damage. Security services made some arrests, but most alleged attackers
    were released without charge. Few cases came to the courts, and there
    were no documented convictions.
        On March 7, Muslim Fulani herders attacked Berom villages, leaving
    700 persons dead. As in January, few arrests were made, and most of
    these arrestees were released. There were no documented convictions
    from these attacks.
        Reprisals and counter attacks continued all year, with estimates of
    victims over 3,000 by year's end. For example, on the night of October
    26, unknown assailants attacked villagers while they slept in the Bassa
    local government area in Plateau State. Reports indicate that six
    persons, all women and children, were killed, and several persons were
    injured. No arrests were documented.
        The Presidential Advisory Committee on Jos Crisis delivered its
    report in August. The report contained recommendations regarding land
    ownership, indigeneship, creation of new local government areas,
    establishing a culture of nonviolence, addressing youth unemployment,
    and community sensitization. No commitment was made to implement these
    recommendations by year's end.
        In the city of Jos, multiple bombs exploded near a church and busy
    shopping area on December 24, killing and injuring Christians. In the
    weeks after these attacks, more than 200 persons, both Muslim and
    Christian, were killed in reprisals and counter-reprisals, according to
    HRW.
        Ethnic groups claimed economic exploitation, environmental
    destruction, and government indifference to their problems in the oil-
    producing Niger Delta region. Incidents of ethnic conflict and
    confrontation with government officials and forces continued in the
    Niger Delta area (see section 1.g.).
        Numerous ethnic clashes occurred in parts of the Niger Delta,
    including the states of Akwa Ibom, Bayelsa, and Cross River. On March
    15, two bombs exploded at Government House in Warri during a post-
    amnesty dialogue. The explosion damaged buildings in the area and
    caused injuries to passers-by. One of the militant ethnic groups
    claimed responsibility.
        In February 2009 six persons died as a result of ethnic fighting in
    Yenagoa, Bayelsa State, and in March 2009, 20 persons died in an
    intercommunal clash in Cross River State.
        In September 2009 a communal clash in Nkerehi, in Orumba South,
    Anambra State, resulted in five deaths, injuries to 15 persons, and the
    destruction of at least seven houses; a dispute over a proposed name
    change for the community triggered the violence. Attacks by a vigilante
    group forced many Nkerehi community members to hide in a nearby church
    where the Government reportedly failed to provide protection or food.
        Conflicts over land rights continued among members of the Tiv,
    Kwalla, Jukun, and Azara ethnic groups living near the convergence of
    Nassarawa, Benue, and Taraba States.

        Societal Abuses, Discrimination, and Acts of Violence Based on
    Sexual Orientation and Gender Identity.--Homosexual activity is illegal
    under federal law, and homosexual practices are punishable by prison
    sentences of up to 14 years. In the 12 northern states that have
    adopted Sharia law, adults convicted of engaging in homosexual activity
    may be subject to execution by stoning, although no such sentences have
    been imposed.
        Because of widespread taboos against homosexual activity, very few
    persons openly demonstrated such conduct. There were no public gay
    pride marches. The NGOs Global Rights and The Independent Project
    provided lesbian, gay, bisexual, and transgender (LGBT) groups with
    legal advice and training in advocacy, media responsibility, and HIV/
    AIDS awareness. The Government or its agents did not impede the work of
    these groups during the year.
        No action was taken against persons who in 2008 stoned and beat
    members of the House of Rainbow Metropolitan Community Church, an LGBT-
    friendly church in Lagos. The attacks occurred after four newspapers
    published photographs, names, and addresses of church members.
        As of year's end the trial of 18 men, originally charged in 2008
    with sodomy and subsequently charged with vagrancy, had been postponed
    multiple times. All defendants were able to post bail, set at 20,000
    naira ($133), and were released. No resolution of the case was
    announced by year's end.

        Other Societal Violence or Discrimination.--There was widespread
    discrimination against persons with HIV/AIDS, which the public
    considered a disease resulting from immoral behavior. Persons with HIV/
    AIDS often lost their jobs or were denied health care services.
    Authorities and NGOs implemented public education campaigns to reduce
    the stigma and change perceptions.
        In 2008 the Bauchi State Agency for the Control of HIV/AIDS,
    Tuberculosis, Leprosy, and Malaria announced an initiative to pair HIV-
    positive couples for marriage in an attempt to reduce the spread of the
    disease. The couples were introduced during counseling sessions and had
    the right to accept or reject a suggested partner. As of March 2009, 94
    HIV positive couples were matched and had married. The Joint UN Program
    on HIV/AIDS voiced concern over the plan due to the increased risk of
    passing the virus on to any children born, and the possibility of
    leaving the children orphaned.
    Section 7. Worker Rights

        a. The Right of Association.--The law provides all citizens with
    the right to form or belong to any trade union or other association for
    the protection of their interests; while workers exercised this right
    in practice, some statutory limitations on the right of association and
    on trade unions restricted this right. Under the Trade Unions Act,
    labor unions must be registered with the Government and must have a
    minimum of 50 members. The law's intent was to prevent a proliferation
    of small unions.
        Workers, except members of the armed forces and employees
    designated under the Trade Union Act as essential public sector
    workers, may join trade unions. Essential workers included government
    employees in the police, prison service, the immigration and customs
    departments, the mint, and the Central Bank.
        According to 2009 figures provided by the Michael Imoudu National
    Institute for Labor Studies, eight million persons, or approximately 60
    percent of formal sector workers, belonged to unions. Officials of the
    Nigeria Labor Congress reported that their 39 affiliated unions had a
    combined membership of between 3.5 and 3.8 million, including both
    private and public sectors. The officials reported that union
    membership had declined in recent years. Many workers in the informal
    sector, where most workers find employment, belonged to thrift and
    cooperative societies, which helped with daily savings and with loans
    to meet business needs.
        Trade union federations, called in the Trade Unions Act ``central
    labor organizations,'' must be registered with the Government. Each
    federation must consist of 12 or more affiliated trade unions, and
    trade union membership in a federation must be exclusive. There were
    two central labor organizations, the Nigeria Labor Congress and the
    Trade Union Congress of Nigeria.
        The law allows unions to conduct their activities without
    interference; however, the law narrowly defines what union activity is
    legal.
        The law limits the right to strike to matters pertaining to breach
    of contract or wage and conditions of work. Strikes were prohibited
    over national economic policy. The International Labor Organization
    (ILO) ruled that this policy was contrary to ILO conventions. In 2009
    the Government chose not to enforce this provision of the law during a
    four-month public university strike over the national minimum wage,
    public education policy, and academic autonomy.
        Workers not defined as ``essential'' had the right to strike,
    although they had to provide advance notice. Workers under collective
    bargaining agreements cannot participate in strikes unless their unions
    complied with legal requirements, including provisions for mandatory
    mediation and referral of disputes to the Government. Workers can bring
    labor grievances to the judicial system for review; however, courts do
    not ensure due process in protecting workers' rights. Laws prohibit
    workers from forcing persons to join strikes, closing airports, or
    obstructing public by-ways, with violations subject to stiff fines and
    possible prison sentences. There were no known arrests during the year.
        No laws prohibit retribution against strikers and strike leaders,
    but strikers who believed they were victims of unfair retribution could
    submit their cases to the Industrial Arbitration Panel with the
    approval of the Ministry of Labor. The panel's decisions were binding
    on the parties but could be appealed to the National Industrial Court.
    Labor representatives described the arbitration process as cumbersome,
    time-consuming, and ineffective in deterring retribution against
    strikers.

        b. The Right to Organize and Bargain Collectively.--The law
    provides for the right of workers to both organize and bargain
    collectively with employers. Collective bargaining occurred throughout
    the public sector and the organized private sector but remained
    restricted in the private sector.
        The Ministry of Labor is responsible for monitoring and addressing
    reported cases of antiunion discrimination. According to labor
    representatives, in many cases workers' fears of negative repercussions
    inhibited their reporting of antiunion activities.
        A local NGO reported that workers were required to sign, as a
    condition of employment, contracts that explicitly prohibited employees
    from attempting to join a union. Some employers dismissed workers
    involved in organizing unions. In September the management of an Abuja
    hotel dismissed workers involved in organization efforts. The fired
    workers initiated a complaint. At year's end the Government did not
    taken action on the complaint. In December a bank withdrew recognition
    of an employees' union.
        Chinese employers reportedly failed to comply with labor laws
    pertaining to the protection of union organizing, especially in the
    construction and textile sectors.
        In December, police broke up groups of unionized electrical workers
    protesting government efforts to privatize the Power Holding Company of
    Nigeria. These protests were held in Lagos, Ondo, and Delta States.
    According to media reports, police arrested up to twenty members of the
    National Union of Electricity Workers in Ondo State.
        Workers and employers in export processing zones (EPZs) were
    subject to provisions of labor laws and the Nigeria Export Processing
    Zones Act. The law allows workers in the EPZs to organize and engage in
    collective bargaining; however, workers are not allowed to strike for
    ten years. In addition, the law allows the Nigerian Export Processing
    Zones Authority, which the federal government created to manage the EPZ
    program, to handle the resolution of disputes between employers and
    employees. Three additional zones were planned, but no new zones were
    designated during the year.

        c. Prohibition of Forced or Compulsory Labor.--Although the law
    prohibits forced or compulsory labor, including by children, it was
    widespread, particularly bonded labor and domestic servitude. The law
    provides for fines and imprisonment for individuals convicted of
    engaging in the practice, but enforcement of the law was not effective
    in many parts of the country. The Government did take steps to identify
    or eliminate forced labor, but efforts were under-resourced and
    complicated by jurisdictional issues between state and federal
    governments. Children were involved in agriculture, building stone and
    gravel mining, and domestic labor.

        d. Prohibition of Child Labor and Minimum Age for Employment.--The
    law, which sets a general minimum age for employment of 14 years, did
    not protect children from exploitation in the workplace and was not
    effectively enforced by the Government. Child labor was widespread, and
    the Ministry of Labor and the National Agency for the Prevention of
    Trafficking in Persons (NAPTIP) estimated that more than 15 million
    children were involved in child labor.
        Young persons under age 15 may only be employed on a daily basis,
    must receive the day's wages at the end of each workday, and must be
    able to return each night to their parents' or guardian's residence;
    however, under the Labor Act these regulations do not apply to domestic
    service. The law also provides exceptions for light work in agriculture
    and horticulture if the employer is a family member. No young person
    under the age of 16 may work underground, in machine work, or on a
    public holiday. No young person may be employed in any job that is
    injurious to health, dangerous, or immoral.
        For industrial work and work on vessels where a family member is
    not employed, the minimum work age is 15 years, which is consistent
    with the age for completing educational requirements; however, child
    labor remained a problem. The law states that children may not be
    employed in agricultural or domestic work for more than eight hours per
    day. Apprenticeship of youths above the age of 12 is allowed under
    specific conditions.
        The worst forms of child labor identified in the country included
    commercial agriculture and hazardous farm work; street hawking;
    exploitative cottage industries and hazardous mechanical workshops;
    exploitative and hazardous domestic work; commercial fishing;
    exploitative and hazardous pastoral and herding activities;
    construction; transportation; mining and quarrying; prostitution and
    pornography; forced and compulsory labor and debt bondage;
    participation in ethnic, religious, political conflicts, and violence;
    and involvement in drug peddling.
        Many children worked as beggars, street peddlers, bus conductors,
    and domestic servants in urban areas. Children also worked in the
    agricultural sector and in mines. Boys worked as bondage laborers on
    farms, in restaurants, small businesses, and granite mines, as street
    peddlers, and beggars. Girls were forced to work as domestic servants,
    street peddlers, and commercial sex workers. See further information in
    the Trafficking in Persons Report www.state.gov/g/tip.
        In addition to citizen children, there were reports of thousands of
    trafficked Beninese children forced to work in granite mines in
    Abeokuta, Ogun State. An international NGO worked with state government
    officials to eliminate the number of child workers under age 14, and
    acts as ombudsman to advocate for 14 to 16-year-old workers. In
    Abakaliki, Ebonyi State, children could be seen hammering down large
    pieces of rocks, stacking them into piles, and carrying them on their
    heads, but there were no official statistics on their state or country
    of origin.
        In an effort to withdraw children from the worst forms of child
    labor, the Ministry of Labor has established and upgraded skills
    acquisition and vocational training centers in Kaduna, Ibadan, Enugu,
    and Lagos; four other centers were being developed. New centers in
    Calabar, Bauchi, and Warri were completed. Hundreds of smaller NGO-run
    or state-run vocational training centers also were in operation.
        The Ministry of Labor dealt specifically with child labor problems
    and operated an inspections department to enforce legal provisions on
    conditions of work and protection of workers. From January to November
    the Ministry reported 12,040 labor inspections with 441 officers.
    Although the inspectorate employed nearly 400 inspectors for all
    business sectors, there were fewer than 50 factory inspectors for the
    entire country. Victims or their guardians rarely made complaints due
    to intimidation and fear of losing their jobs. Labor inspections were
    mostly random but occasionally occurred when there was suspicion,
    rather than actual complaints of, illegal activity. The ministry
    conducted inspections mostly in the formal business sector, where the
    incidence of child labor was not reported to be a significant problem.
    The NAPTIP bears some responsibility for enforcing child labor laws,
    although it primarily rehabilitates trafficking and child labor
    victims.
        The Government's child labor policy focused on intervention,
    advocacy, sensitization, legislation, withdrawal of children from
    potentially harmful labor situations, and rehabilitation and education
    of children following withdrawal. The Labor Ministry is responsible for
    enforcing labor laws. The ministry reported that no training programs
    were held in 2010 due to budget constraints.
        The federal government passed the Child Rights Act in 2003, but it
    required state-level ratification for full implementation. A total of
    24 states, plus the FCT, have passed the Act. The remaining states are
    in the north, where Sharia law is in effect. UNICEF continued to
    advocate passage and enforcement in all other states.
        Private and government initiatives to eliminate child labor
    continued but remained mostly ineffective. The Government gradually
    implemented the ILO/International Program for the Elimination of Child
    Labor Sustainable Tree Crop Program in the cocoa and other agricultural
    subsectors, a component of which sensitized farmers to issues relating
    to hazardous child labor and child trafficking for labor exploitation.
    Akwa Ibom, Ondo, Cross River, and Abia states participated in the
    program during the year.

        e. Acceptable Conditions of Work.--The national monthly minimum
    wage is 5,500 naira ($36). The national minimum wage did not provide a
    decent standard of living for a worker and family.
        In August the minimum wage for federal public sector workers
    increased to 17,000 naira ($115) per month. The Government, labor and
    private business negotiated amendments to the National Minimum Wage
    Act, covering private employers, state and local government workers.
    These amendments raise the monthly minimum wage for all but federal
    workers to 18,000 naira ($120). In November labor unions led by the
    Nigeria Labor Congress staged a one-day ``warning strike'' to protest
    the lack of progress by the executive branch in sending the bill to the
    National Assembly for passage. The unions suspended the strike after
    the Minister of Labor made assurances that the Government would forward
    the draft legislation to the National Assembly. However, at year's end
    the National Assembly did not take action on the bill. The Labor
    Ministry has responsibility for monitoring compliance with the minimum
    wage, which it strictly enforced for companies with over 50 employees.
    When a company with fewer than 50 employees was found to pay less than
    the minimum wage, the ministry reviewed the company's records to
    determine whether it could pay the minimum wage and then issued a
    ruling.
        The Labor Act mandates a 40-hour work week, two to four weeks of
    annual leave, and overtime and holiday pay, except for agricultural and
    domestic workers. The law prohibits excessive compulsory overtime for
    civilian government employees.
        The law establishes general health and safety provisions, some of
    which were aimed specifically at young or female workers: however, the
    Ministry of Labor did not properly monitor and enforce health and
    safety conditions due to insufficient inspectors. The inspectorate
    division of the Ministry of Labor inspects factories for compliance
    with health and safety standards. However, this division was
    underfunded, lacked basic resources and training, and consequently did
    not sufficiently enforce safety regulations at most enterprises,
    particularly construction sites and other nonfactory work locations.
        In 2010 the National Assembly passed an Employees Compensation Act
    which raised amounts paid to workers experiencing job-related injuries.
    The act also extended coverage to women involved in work not previously
    covered. The act was ready for the president's signature at year's end.
        The law requires employers to compensate injured workers and
    dependent survivors of those killed in industrial accidents; however,
    it was not strictly enforced. The Factories Act provides for the
    protection of factory employees in hazardous situations, including the
    right of employees to remove themselves from such situations. The law
    did not provide other, nonfactory workers with similar protections.
        The labor laws apply to legal foreign workers, but not all
    companies respected these laws in practice.

                                   __________

                                     RWANDA

        Rwanda, with a population of 11 million, is a constitutional
    republic dominated by a strong presidency. In August voters elected
    President Paul Kagame to a second seven-year term with 93.1 percent of
    the vote. International observers noted election day was peaceful with
    minor irregularities, but they registered concerns about the political
    and security environment in the run-up to the elections, including a
    series of grenade attacks in the capital, a lack of critical opposition
    voices in the preelection period, the continued inability of opposition
    political parties to register, and the arrests of two opposition party
    leaders. Two unregistered political parties were unable to field
    presidential candidates due to legal or administrative issues, and
    there were two high-profile killings--the vice president of an
    unregistered opposition party and an independent journalist--that have
    not been fully resolved. The media also faced heightened restrictions
    in the months preceding the election. The ruling Rwanda Patriotic Front
    (RPF) controlled the Government and legislature. The RPF candidate
    dominated the election. Security forces reported to civilian
    authorities.
        There were reports of abuse of suspects by security forces and
    local defense members, and prison and detention center conditions
    remained generally harsh. Security forces arbitrarily arrested and
    detained persons. Prolonged pretrial detention was a problem. There
    were restraints on judicial independence and limits on freedoms of
    speech, press, association, and religion, particularly in the
    preelection period. The Government forcibly returned refugees. Official
    corruption and restrictions on civil society remained problems.
    Societal violence and discrimination against women, trafficking in
    persons, and discrimination against the Twa and the lesbian, gay,
    bisexual, and transgender (LGBT) community occurred. There were
    restrictions on labor rights, and child labor occurred.
                            respect for human rights
    Section 1. Respect for the Integrity of the Person, Including Freedom
            From:

        a. Arbitrary or Unlawful Deprivation of Life.--There was no direct
    evidence that the Government or its agents committed any politically
    motivated killings; however, there were two high-profile killings, that
    of a vice president of an unregistered opposition party and an
    independent journalist, that have not been fully resolved. The
    Government generally investigated security force killings and
    prosecuted perpetrators.
        In August authorities prosecuted and sentenced a local defense
    member for killing a university student in 2008 in Kigali's Nyagatare
    Sector. Following the death of the student and three other local
    defense killings in a six-month period in the same district, police
    disarmed all local defense members in the district.
        The Government investigated and prosecuted individuals accused of
    threatening or harming genocide survivors and witnesses or of espousing
    genocide ideology, which the law defines as dehumanizing an individual
    or a group with the same characteristics by threatening, intimidating,
    defaming, inciting hatred, negating the genocide, taking revenge,
    altering testimony or evidence, killing, planning to kill, or
    attempting to kill someone. As of September a special protection bureau
    in the Office of the National Public Prosecution Authority (formerly
    the Office of the Prosecutor General) registered 236 cases of genocide
    ideology and violence against genocide survivors, 96 of which were
    filed in court or suspended (see section 1.e.).
        In January 2009 the Governments of the Democratic Republic of Congo
    (DRC) and Rwanda accelerated efforts to achieve a rapprochement, which
    they had initiated in late 2008, by carrying out a joint operation
    called Umoja Wetu (Swahili for ``Our Unity'') in the eastern DRC
    against Hutu rebel group the Democratic Forces for the Liberation of
    Rwanda (FDLR). The FDLR was responsible for numerous atrocities against
    Congolese civilians in eastern DRC, and its leaders were implicated in
    the 1994 Rwandan genocide. The Umoja Wetu operation disrupted the FDLR
    and precipitated the return of Rwandan FDLR combatants and
    noncombatants. Rwandan forces also arrested General Laurent Nkunda, the
    leader of the Congolese rebel National Congress in Defense of the
    People (CNDP). In December 2009 the international nongovernmental
    organization (NGO) Human Rights Watch (HRW) released the report You
    Will Be Punished, which described 201 killings of civilians attributed
    to military forces during the Umoja Wetu operation. The report also
    described other widespread abuses by soldiers against civilians.
    According to HRW, several of the victims and witnesses it interviewed
    ``found it difficult, if not impossible, to distinguish Rwandan army
    soldiers from former CNDP combatants recently integrated into the
    Congolese Armed Forces, who played an important role in the
    operation.'' The HRW report, citing a 2008 UN Group of Experts report,
    noted that soldiers of both armies ``often wore identical camouflage
    uniforms'' and Rwandan soldiers had Rwandan flags on their uniform
    sleeves. In some cases, according to HRW, former CNDP combatants had
    the same army uniforms, although they usually removed the Rwandan flag.
        According to the same HRW report, in late February 2009 soldiers
    gathered residents of Ndorumo, North Kivu, by calling a meeting at a
    local school and subsequently shot and killed approximately 90
    villagers, including women and children, reportedly for collaborating
    with the FDLR. In a similar incident, also in February 2009, soldiers
    killed approximately 40 residents of Byarenga, North Kivu. There were
    smaller numbers of civilians killed in other incidents during January
    and February 2009.
        The Government denied the Rwandan Defense Forces (RDF) had
    participated in any killing of civilians. Neither Congolese nor Rwandan
    authorities had taken any steps to investigate or prosecute soldiers
    allegedly involved in such incidents by year's end.
        On June 19, in Johannesburg, an unknown assailant shot and
    seriously wounded former army chief of staff Lieutenant General Faustin
    Kayumba Nyamwasa, who had fled to South Africa in February and become
    an outspoken critic of President Kagame. According to the Commonwealth
    Observer Group's report of the August Rwandan presidential elections,
    the South African Foreign Ministry stated that foreign ``security
    operatives'' were involved and arrested several suspects. The
    Government repeatedly denied any involvement and said publicly it does
    not condone violence.
        At least one mob attack occurred during the year. In February five
    men attacked the chairperson of the unregistered FDU-Inkingi political
    party, Victoire Ingabire, and her assistant outside a local government
    office in Kigali as they went to pick up forms to register their party.
    Police subsequently arrested the men responsible for the attack.
        In September 2009 residents of Kayonza District killed a suspected
    thief. The suspects fled and authorities suspended the case.

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

        c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
    Punishment.--The constitution and law prohibit such practices, but
    instances of abuse of detainees and prisoners by police or prison
    guards sometimes occurred. Authorities dismissed or disciplined some
    police officers for use of excessive force and other abuses during the
    year and transferred criminal cases for prosecution.
        A local NGO that assists torture and abuse victims only operated
    part of the year due to resource constraints, and referred clients to
    other human rights organizations.
        On June 24, authorities arrested several members of the PS-
    Imberakuri political party and the unregistered FDU-Inkingi political
    party on charges of holding illegal demonstrations. Authorities also
    charged the founder of PS-Imberakuri, Bernard Ntaganda, with
    threatening national security, genocide ideology, divisionism, and
    creating a criminal organization. On June 25, authorities released some
    detainees, but six PS-Imberakuri and three FDU-Inkingi members remained
    in detention. On June 27, authorities arrested another PS-Imberakuri
    member. Some detainees claimed authorities physically abused them while
    in police custody; Ntaganda claimed authorities denied him access to a
    lawyer. On July 6, the detainees appeared in court, and between July 9
    and 13, authorities released all detainees, except Ntaganda, on bail.
    In October Ntaganda went on a hunger strike to protest his treatment in
    prison, and on October 14, prison authorities transferred Ntaganda to a
    hospital in Kigali. At year's end, Ntaganda remained in prison awaiting
    trial.
        There were reports authorities detained and arrested members of the
    Jehovah's Witnesses who refused to participate in nighttime security
    patrols (see section 2.c.).
        HRW stated it received reports of civilians who alleged that
    security personnel arrested them arbitrarily during the Umoja Wetu
    operation in the DRC, and that some of the security personnel then
    changed into Rwandan army uniforms before taking the civilians across
    the border to Rwanda and beating, detaining, and questioning them over
    alleged ties to the FDLR. All reported being returned to the DRC after
    being held for periods up to 17 days. None reported having been charged
    with any offense. There was no other independent confirmation of these
    reports.
        Neither Congolese nor Rwandan authorities had taken any steps to
    investigate or prosecute soldiers allegedly involved in such incidents
    by year's end.
        Isolated reports of abuse by local defense members continued.
        There were reports that unknown assailants on occasion harassed and
    threatened journalists and other citizens (see section 2.a.).

        Prison and Detention Center Conditions.--Conditions in prisons and
    detention centers were generally harsh, but there were some
    improvements in treatment of the general prison population. According
    to the National Prisons Service, it had fully implemented a 2006
    presidential order governing the construction and organization of
    prisons, which stipulates that each prison must have dormitories,
    toilets, sports facilities, a health center, a guest hall, a kitchen,
    water, and electricity. Prisoners and detainees had weekly access to
    visitors and were permitted religious observance. Prison staff held
    regular meetings with prisoners and detainees to listen to inmates'
    complaints and take action to resolve them when possible. The majority
    of the prison population is comprised of individuals convicted of
    genocide-related offenses since the traditional court system, or
    gacaca, hearings began nationwide in 2006. There were unconfirmed
    reports that police sometimes beat newly arrested suspects to obtain
    confessions. Kigali's Gikondo transit center, where authorities held
    street children, vagrants, suspected prostitutes, and street sellers,
    continued to operate, despite a senate committee's 2008 call for its
    closure due to substandard conditions (see section 1.d.).
        In 2008 the Government stopped allowing food contributions from
    family members of prisoners and instituted a prepaid canteen system
    families and detainees could access. During the year the International
    Committee of the Red Cross (ICRC) completed a nutritional survey of
    prisoners and found that prisoners received an adequate amount of food,
    but some prisoners suffered from a micronutrient deficiency. Pregnant
    and breastfeeding prisoners, and female prisoners with small children,
    continued to receive food supplements from family members and prison
    authorities. The Government allowed families to provide food to
    prisoners in smaller jails or detainees in police stations awaiting
    hearings or transfers. Prisoners outside of Kigali maintained gardens,
    which supplemented prison diets. The Government established nursery
    schools for children under three years' old living with their mothers
    in five prisons; each nursery school also has a cow to provide fresh
    milk to the children. Some prisoners transferred from police jails to
    national prisons had not been fed for several days.
        There were no reports of prison riots during the year. In August
    2009 prisoners in the Kimironko and Cyangugu prisons rioted over lack
    of food and visitation rights, resulting in several injuries.
        The ICRC provided additional expertise and medical, logistical, and
    material support to improve conditions for inmates, including hygiene
    supplies, education programs for minors, health monitoring, and
    construction programs to improve prison infrastructure. The ICRC also
    had access to all police stations to monitor treatment of detainees and
    conditions. In addition the ICRC in partnership with the Rwanda
    National Police (RNP) identified 17 police stations for structural
    repairs.
        All 14 prisons provided treatment for tuberculosis (TB), and eight
    provided full TB diagnostic and treatment services. Eleven prisons
    provided HIV voluntary counseling and testing services, while 12
    provided antiretroviral treatment for HIV-infected prisoners. According
    to the Ministry of Internal Security, in 2009 the Government provided
    voluntary HIV counseling and testing to approximately 33 percent of
    prisoners and antiretroviral treatment to an estimated 1,500 prisoners.
        In previous years prisoner deaths resulted from anemia, HIV/AIDS,
    respiratory disease, malaria, and other diseases, although the rates of
    such deaths were similar to those found in the general population. The
    National Prisons Service reported there was one prisoner death during
    the year, a decrease that was partly a result of a Global Fund program
    that facilitated the placement of medical personnel in all 14 prisons,
    implemented treatment for diseases including HIV/AIDS, and improved
    hygiene and sanitary conditions.
        In September 2009 in Nyagatare Prison, two prisoners died and 11
    were hospitalized due to a botulism outbreak; 67 of the 188 inmates in
    the prison contracted the disease.
        As of year's end, the prison population was approximately 62,000 in
    a system designed for 43,400. The population consisted of approximately
    57,800 men, 3,860 women, and 430 minors. Additionally, as of August
    there were 314 children living with their parents in prison.
        National prison policy prohibits the hiring of prisoners to perform
    work at private residences and businesses. However, community service,
    a national program, was often part of a prison sentence for those who
    confessed to genocide-related crimes, and prisoners may work
    (uncompensated) on community projects such as building roads and
    bridges. Prisoners charged with criminal offenses unrelated to the
    genocide were not eligible to volunteer for work details. Prisoners
    often volunteered for such details, which provided time away from
    overcrowded prisons and, in some cases, afforded extra privileges.
        Unlike the previous year, there were no reports of abuse of minors.
    During the year the Government converted a prison in Nyagatare, in the
    East, into a rehabilitation detention center for minors between the
    ages of 14 to 16 years and transferred all sentenced minors from other
    prisons to the center.
        Authorities generally separated pretrial detainees from convicted
    prisoners; however, there were numerous exceptions as a result of the
    large number of genocide detainees awaiting trial. Authorities
    separated prisoners convicted of serious crimes and sentenced for many
    years from those convicted of lesser crimes and pretrial detainees.
        The remaining high-profile political prisoner, former transport
    minister Ntakirutinka, remained in a special section of Kigali's
    ``1930'' prison.
        The ICRC reported unimpeded access on an unannounced basis to all
    prisons during the year; the Government reported no local human rights
    NGOs had applied for permits to visit prisons. The Government also
    permitted independent monitoring of prison conditions by diplomats. In
    order for journalists to receive access to prisons, they must first
    apply to the Media High Council. The ICRC continued its visits to
    police stations and military facilities.
        The law established an ombudsman, who has the power to carry out
    investigations of actions by government institutions, public
    establishments, or private institutions in which the population finds
    injustice. The ombudsman must also receive and examine complaints from
    individuals and independent associations relating to acts of civil
    servants, state organs, and private institutions and find solutions to
    legitimate complaints.
        In 2009 the Government completed construction of a new block of
    prison cells in the South in compliance with international standards
    for incarceration of prisoners convicted by international criminal
    tribunals. In November 2009 the Special Court for Sierra Leone (SCSL)
    transferred eight prisoners to Rwanda to serve their sentences. The
    SCSL agreed with the International Criminal Tribunal for Rwanda (ICTR)
    on the quality of the detention center, which the UN deemed met
    international standards.
        During the year the Government reported it had enrolled all
    prisoners in the national health insurance plan, which prisoners could
    use when referred to district hospitals.
        There was no presidential order governing police detention centers
    and conditions varied.

        d. Arbitrary Arrest or Detention.--The constitution and law provide
    legal safeguards against arbitrary arrest and detention; however,
    security forces arrested and detained persons arbitrarily and without
    due process.

        Role of the Police and Security Apparatus.--The RDF under the
    Ministry of Defense maintains external security. The RNP, headed by a
    commissioner general and two deputy commissioners, is under the
    Ministry of Internal Security and is responsible for internal security.
    Five assistant commissioners oversee the various units, such as
    training, intelligence, criminal investigations, protection, and the
    provincial areas. The police lacked sufficient basic resources such as
    handcuffs, radios, and patrol cars.
        During the year 315 officers received training in community
    relations, which included proper use of force and human rights; female
    officers participated in several RNP-sponsored workshops on
    professionalism and service provision.
        Members of local communities chose community volunteers to serve in
    the local defense, a statutorily established law enforcement
    organization of approximately 20,000 members under the Ministry of
    Local Government that assisted police. The RNP exercised tactical
    control of local defense, while local officials had responsibility for
    operational oversight. Local defense members performed basic security
    guard duties throughout the country, including maintaining a presence
    at gacaca proceedings. Local defense members were ordinarily unpaid and
    received less training than RNP officers. They did not have powers of
    arrest, but in practice they made arrests on orders from local
    administrative officers and on their own. Among its various duties, the
    local defense chased illegal street vendors, petty criminals, and
    prostitutes away from public areas. There were reports that the local
    defense acted with impunity when dealing with street vendors, street
    children, vagrants, and undocumented residents. During the year the
    Government publicly warned the local defense against involvement in
    criminal activity and prosecuted local defense members who committed
    crimes; however, some human rights groups accused the Government of not
    taking sufficiently strong action against some local defense members
    and considered the organization abusive.

        Arrest Procedures and Treatment While in Detention.--The law
    requires that authorities investigate and obtain a warrant before
    arresting a suspect. Police may detain persons for up to 72 hours
    without a warrant, and prosecutors must bring formal charges within
    seven days of arrest. Authorities sometimes disregarded these
    provisions during the year. At times police used nonjudicial punishment
    when minor criminals confessed and the victims agreed to the police
    officer's recommended penalty, such as a week of detention or
    restitution. The law permits investigative detention if authorities
    believe public safety is threatened or the accused might flee. There is
    bail for minor crimes (those with a maximum sentence of five years);
    authorities may otherwise release a suspect pending trial if they are
    satisfied there is no risk that the person may flee or become a threat
    to public safety and order. Authorities generally allowed family
    members prompt access to detained relatives. By law detainees are
    allowed access to lawyers, although they are not allowed formal
    representation in the gacaca process. In practice, however, the
    scarcity of lawyers (there were 684 attorneys in the country of which
    469 were trainees, mostly located in Kigali) limited access to legal
    representation. The Government did not provide indigent persons with
    free access to lawyers, but a Legal Aid Forum composed of 36
    organizations, including domestic and international NGOs, the Rwandan
    Bar Association, and university law faculties, provided legal aid
    services to indigent and vulnerable groups. Such resources were
    insufficient to provide lawyers for every indigent person. The Bar
    Association provided 259 lawyers to clients during the year. Lawyers
    Without Borders also provided limited access to defense counsel and
    provided 165 lawyers for 670 clients during the year. The law requires
    the Government to provide minors with legal representation, which
    judicial observers cited as a factor in juvenile trial delays.
        Police arbitrarily arrested opposition members, journalists, and
    members of Jehovah's Witnesses during the year (see sections 2.a.,
    2.c., and 3).
        In January 2009 government authorities arrested Laurent Nkunda,
    leader of a Congolese armed entity, while he was in the country.
    According to a 2008 report by the UN Group of Experts (UNGOE) on the
    Democratic Republic of the Congo, Rwandan authorities had supplied
    military equipment to and were complicit in recruiting soldiers for the
    armed entity led by Nkunda. At year's end, Nkunda remained under house
    arrest. On several occasions, police and the local defense detained
    street children, vendors, beggars, and undocumented persons in Kigali
    and larger towns and charged them with illegal street vending or
    ``vagrancy.'' Authorities released adults who could produce
    identification and transported street children to their home districts,
    to shelters, or for processing into vocational and educational
    programs.
        Early in the year, the Government opened a rehabilitation center on
    Iwawa Island in Lake Kivu to provide vocational and technical training
    to approximately 1,500 men between the ages of 18 to 35, some of whom
    were homeless or petty criminals.
        The Government continued to operate a rehabilitation center, which
    offers psycho-social counseling, education, and reintegration services,
    to more than 200 street boys.
        Despite a 2008 senate committee report that called for the closure
    of Kigali's Gikondo transit center for violations of detainee rights
    and lack of social services, the facility continued to operate as a
    temporary detention facility for street children, vagrants, and street
    vendors. Government officials asserted they held persons for no more
    than one to three weeks; however, detainees sometimes waited several
    months before release. Authorities commonly denied access to the
    relatives of detainees.
        There were serious problems of lengthy pretrial detention,
    including the detention of persons whose unresolved cases dated from
    1994, a consequence of the large number of persons suspected of
    committing genocide who continued to be held in prisons and detention
    centers. The law permits the continued detention of genocide suspects
    long enough to allow them to face trial either in an ordinary court or
    in the gacaca system. Authorities permitted the majority of convicted
    prisoners (those who had confessed their genocide crimes) to return to
    their families, with actual prison time to be served after the
    suspended and community service portions of their sentences expired.

        e. Denial of Fair Public Trial.--The constitution and law provide
    for an independent judiciary, and the judiciary operated in most cases
    without government interference; however, there were constraints on
    judicial independence. Government officials sometimes attempted to
    influence individual cases, primarily gacaca cases. There were no
    reports that members of the executive branch communicated with judges
    to discuss ongoing cases privately or to express executive preferences.
        In its July 2008 report Law and Reality: Progress in Judicial
    Reform in Rwanda, HRW cited continuing lack of judicial independence
    and concerns about basic trial rights, including the presumption of
    innocence, the right to present defense witnesses, the right to equal
    access to justice, and the right to protection from double jeopardy.
        In May 2009 the Swedish Supreme Court decided to extradite a
    genocide suspect to Rwanda; however, the European Court of Human Rights
    suspended the transfer to review the case. In 2008 the three panels of
    the International Criminal Tribunal for Rwanda (ICTR) considering case
    transfers to Rwanda found adequate judicial independence in the
    country. The panels nevertheless denied case transfer, citing fair
    trial concerns, including inadequate witness protection and improper
    sentencing guidelines.
        In 2008 the Military Court in Kigali acquitted two senior RPF
    officers of the 1994 killings of 15 civilians, including high officials
    of the Catholic Church; the case had been referred by the prosecutor
    for the ICTR. Two junior RPF officers who pled guilty to the crimes
    were given reduced sentences of eight years' imprisonment on the ground
    the crimes were not premeditated. The prosecutor appealed the decision
    to a higher court, which confirmed the lower court ruling.
        As of October, there were 19,394 criminal and 19,282 civil cases
    pending in the regular courts; approximately 46, 000 such cases were
    pending at the end of 2009.

        Trial Procedures.--In the ordinary court system, the law provides
    for public trials, although courts closed proceedings in cases
    involving minors to protect witnesses or at the request of defendants.
    The law provides for a presumption of innocence, but government
    officials did not always adhere to this in practice. Juries are not
    used. Defendants have the right to be present, question witnesses
    against them, and to present witnesses and evidence on their own
    behalf. Defendants have the right to consult with an attorney, although
    few defendants could afford counsel. The law provides for the right to
    appeal, and this provision was generally respected. Lawyers Without
    Borders and the Bar Association continued to provide legal assistance
    to some indigent defendants but lacked the resources to provide defense
    counsel to all in need. The law does not provide for an attorney at
    state expense for indigent defendants. Defendants and their attorneys
    have access to government-held evidence relevant to their cases. The
    Government continued to swear in new court officers and assign them to
    courts across the country, but the number of prosecutors, judges, or
    courtrooms to hold trials within a reasonable period of time was
    inadequate.
        The RDF routinely tried military offenders in military courts,
    which handed down sentences of fines, imprisonment, or both. Military
    courts provided defendants with the same rights as civilian courts,
    including an attorney at public expense, the right of appeal, and
    access to government-held evidence relevant to their cases. The law
    stipulates military courts should try civilian accomplices of soldiers
    accused of crimes. During the year through October, military courts had
    tried 62 civilians as coperpetrators or accomplices of military
    personnel during the year.
        Gacaca courts served as the Government's primary judicial process
    for adjudicating hundreds of thousands of genocide cases. Gacaca
    defendants are presumed innocent until proven guilty, and gacaca courts
    normally decide a case on the same day a trial begins. There is no bail
    in the gacaca system. Defendants are informed of the charges against
    them during the trial, not before it. Defendants in gacaca courts can
    present witnesses and evidence on their own behalf, although witnesses
    were sometimes reluctant to testify for fear of reprisals, mainly in
    the form of accusations of complicity in the alleged crimes at issue.
    According to a Penal Reform International (PRI) report released during
    the year, which provided a compilation of their findings on gacaca
    courts from 2001 through September 2009, some defense witnesses were
    also reluctant to testify for fear of being accused of ``genocide
    ideology.'' Defendants can appeal gacaca proceedings at sector-level
    courts. Lawyers are not permitted to participate officially in gacaca
    courts, but they can testify as private citizens.
        Genocide law is designed to encourage confessions in exchange for
    reduced sentences for individuals accused of genocide-related crimes
    other than Category I crimes (the most severe crimes, including rape,
    murder, genocide instigation, or playing a leadership role in the
    planning or commission of genocide). The majority of individuals
    charged with genocide-related crimes are classified as Category II
    (those who committed criminal actions such as murder or injured someone
    with the intent to murder) or Category III (those whose crimes involved
    property); these cases were either tried in gacaca courts (Category II
    cases) or settled through gacaca mediation (Category III cases). In
    2007 the Government passed legislation to lessen overall sentences and
    increase the suspended sentence and community service portions of those
    sentences. The 2007 sentencing guidelines, created to alleviate prison
    overcrowding, allow all persons convicted by gacaca courts to serve
    their community service and suspended portions of their sentences
    first, resulting in the release of thousands of prisoners, some of whom
    had been held since 1994. Category II prisoners who confess can return
    home and serve their jail sentences later, usually no more than one-
    sixth of a 15- or 20-year sentence; suspects who do not confess and are
    convicted may face decades in jail.
        In 2008 the law was further amended to move approximately 6,900
    Category I cases--most involving rape--from ordinary courts to the
    gacaca system. The law also provides for the transfer of approximately
    1,200 genocide Category I cases, already begun in the ordinary courts,
    to the gacaca courts. The law provides for the commutation of custodial
    sentences and replaces remaining prison terms with community service
    once the original community service portion of a sentence is completed.
        By year's end, gacaca officials reported having concluded more than
    1.2 million cases. As of December, all gacaca cases were complete;
    however, the National Service of Gacaca Courts continued to process
    requests for review of judgments.
        During the year there were no reports of lawyers fleeing the
    country as a result of threats or harassment by unknown persons
    following their defense of persons accused of genocide or related
    crimes.
        Some gacaca judges denied defendants the right to present witnesses
    and ordered the imprisonment of those who questioned the impartiality
    of gacaca judges. Poorly qualified judges and ill-defined guidelines on
    evidence and hearsay were problems. During the year there were reports
    that local gacaca officials and citizens abused the process to pursue
    personal matters and settle grudges unrelated to the genocide,
    including making false accusations to acquire land.
        According to the PRI report released this year, local authorities
    ``at times'' were reported to have unduly influenced gacaca judges
    during the course of hearings.
        Because the Government has not authorized gacaca courts to consider
    human rights abuses allegedly committed by the RPF during the 1994
    genocide, some human rights groups criticized the gacaca courts for
    representing a form of incomplete or one-sided justice, and for being
    biased against those who acted on behalf of the former government. The
    Government claimed that it had prosecuted 46 soldiers, that civil and
    military authorities addressed RPF abuses, and that one could not
    equate such abuses with the genocide. A human rights organization
    claimed that 36 soldiers had faced trial for crimes committed against
    civilians during the genocide and attributed the low number to
    government reluctance to try RPF soldiers for such crimes. No charges
    were brought against RPF soldiers during the year.
        Most gacaca hearings took place without incident, but violence and
    threats of violence--usually perpetrated by persons accused of crimes
    related to genocide--against genocide witnesses were sometimes
    problems. Some citizens were too frightened to testify in gacaca
    courts. Unlike in the previous year, the National Public Prosecution
    Authority and the survivors' organization Ibuka both reported no
    genocide survivors or witnesses were killed during the year. Ordinary
    courts also handled the cases of persons accused of participating in
    the injuring or threatening of witnesses, survivors, and judges.
        During the year police investigated at least six cases of violence
    against genocide survivors and witnesses. The Government asserted the
    genocide ideology law was necessary to prevent a reincitement of
    violence, but NGO and human rights organizations criticized the law as
    overly broad and recommended its repeal. Unlike in the previous year,
    there were no reports organized groups targeted and killed genocide
    witnesses. However, the Government continued to conduct criminal
    investigations of individuals, which resulted in some prosecutions.
        The Government held local communities responsible for protecting
    witnesses and relied on the local defense, local leaders, police, and
    community members to protect witnesses. A task force continued efforts
    to monitor those genocide survivors deemed most at risk and genocide
    suspects considered most likely to commit violent attacks; however,
    according to Ibuka, threats and violence against survivors decreased
    significantly due to increased sensitization. During the year the task
    force conducted joint patrols in rural areas by survivors and security
    personnel; used preventive detention of genocide suspects to prevent
    attacks deemed imminent by security officials; utilized hotlines; and
    expedited gacaca hearings for those cases deemed most likely to involve
    the risk of violence against survivors and witnesses.
        Ibuka continued to call for increased cooperation among gacaca
    courts, police, ordinary courts, and mediators, and for the creation of
    a survivors' compensation fund; however, unlike in previous years, it
    did not criticize the Government for failing to prevent survivor
    killings.
        Some analysts and human rights observers voiced concern that
    witnesses might have given false testimony in a sizable number of
    gacaca cases, despite penalties for such conduct. Observers also
    expressed concern some suspects confessed to avoid lengthy prison
    terms. Unlike in previous years, there were no reports that some
    persons had been tried in both ordinary and gacaca courts for the same
    crimes.
        Although the vast majority of persons facing gacaca charges
    remained in the country, in September 2009 a group of more than 300
    genocide suspects fled to Burundi, claiming persecution in Rwanda.
    Government officials claimed that most persons fled due to pending
    gacaca cases, not persecution. An estimated 115 individuals were able
    to claim asylum in October 2009; authorities deported others who came
    forward later with asylum claims. Burundi's minister for the interior
    told human rights groups that in November 2009 authorities deported
    these latter asylum seekers because they had filed their claims too
    late.
        The ICTR, based in Tanzania, continued to prosecute genocide
    suspects during the year (see section 5).

        Political Prisoners and Detainees.--There were reports that local
    officials briefly detained some individuals who disagreed publicly with
    government decisions or policies.
        Former transport minister Charles Ntakirutinka was sentenced to 10
    years' imprisonment in 2004 in a trial that did not meet international
    standards; he was charged with incitement of civil disobedience,
    formation of a criminal association, and embezzlement of public funds.
    Ntakirutinka and former president Bizimungu, who was released in 2007,
    had sought to establish the Party for Democratic Renewal. The
    Government permitted the ICRC access to Ntakirutinka.

        Civil Judicial Procedures and Remedies.--The judiciary was
    generally independent and impartial in civil matters. There are
    mechanisms for citizens to file lawsuits in civil matters, including
    violations of their constitutional rights. The Office of the Ombudsman
    processes claims of judicial wrongdoing on an administrative basis.
    There continued to be problems enforcing domestic court orders.
        Rwanda is subject to the African Court on Human and Peoples' Rights
    and the East African Court of Justice and has two judges on the courts.
    As of October, there had been no decisions taken in favor of or against
    Rwanda.

        f. Arbitrary Interference With Privacy, Family, Home, or
    Correspondence.--The constitution and law prohibit such actions, and
    the Government generally respected these prohibitions in practice;
    however, there were some reports that the Government monitored homes
    and telephone calls.
    Section 2. Respect for Civil Liberties, Including:

        a. Freedom of Speech and Press.--The constitution provides for
    freedom of speech and of the press ``in conditions prescribed by the
    law''; however, the Government at times restricted these rights. The
    Government continued to intimidate and arrest independent journalists
    who expressed views that were deemed critical of the Government on
    sensitive topics or who were believed to have violated law or
    journalistic standards. The Government also suspended two private media
    outlets for six months. Numerous journalists practiced self-censorship.
        The law prohibits the propagation of discrimination or sectarianism
    based on ``ethnic, regional, racial, religious, language, or other
    divisive characteristics.'' Public incitement to what is commonly
    termed divisionism is punishable by up to five years in prison, heavy
    fines, or both.
        Individuals could criticize the Government publicly or privately on
    most topics; however, the laws prohibiting divisionism, genocide
    ideology, and genocide denial continued to discourage citizens from
    expressing viewpoints that might be construed as promoting societal
    divisions. Other statutes forbid ``contempt for the Head of State of
    Rwanda.'' During the year the expression of such viewpoints sometimes
    resulted in arrest, harassment, or intimidation.
        In September Amnesty International (AI) published the report Safer
    to Stay Silent: The Chilling Effect of Rwanda's Laws on ``Genocide
    Ideology'' and ``Sectarianism,'' which claimed these laws are broad and
    ill-defined and have created a vague legal framework that is misused to
    criminalize criticism of the Government and legitimate dissent. The
    report claimed these laws deter persons from exercising their right to
    freedom of expression and that some persons refrained from expressing
    opinions that may be legal.
        On July 13, authorities arrested Umurabyo journalist Saidati
    Mukakibibi for defamation, inciting public disorder, and divisionism
    for likening President Paul Kagame to Adolf Hitler. On July 8,
    authorities arrested Umurabyo editor Agnes Uwimana for incitement to
    civil disobedience, contempt of the head of state, spreading rumors to
    cause public disorder, and denying the genocide. At year's end both
    remained in detention awaiting trial.
        Authorities arrested an American lawyer on May 28 on charges of
    genocide denial, genocide ideology, and threatening national security.
    On June 17, Rwandan authorities released him on medical bail; however,
    they said they would continue the investigation.
        On April 21, authorities arrested Victoire Ingabire, the
    chairperson of the unregistered FDU-Inkingi political party, on charges
    of providing material support to the FDLR and promoting genocide
    ideology. On April 22, authorities released her on bail, but confined
    her to Kigali.
        On October 14, police arrested Ingabire again on separate charges,
    after a former high-level FDLR commander, Major Vital Uwumuremyi,
    implicated her in a plot to establish an armed group called the
    Coalition of Defense Forces (CDF) as the military wing of the FDU-
    Inkingi. Authorities arrested Uwumuremyi, who had demobilized last year
    and was living in Rwanda, after he attempted to cross into the DRC
    under an assumed name.
        According to local reports, prosecutors were charging Ingabire in
    connection with her alleged support for the CDF and the FDLR. FDU-
    Inkingi press releases claimed Ingabire was being treated inhumanely;
    government officials denied these claims. At her pretrial October 23,
    the judge sentenced her to 30 days preventive detention while the
    investigation continued. On November 25, the court approved an
    additional 30 days of detention. On December 13, Ingabire appealed the
    decision and lost. At year's end, Ingabire remained in prison awaiting
    trial.
        In August 2009 the Government passed the Law on Media. Provisions
    in the law grant the Media High Council the power to suspend
    newspapers, increase the amount of capital required to open new media
    outlets, impose criminal penalties on journalists who incite
    discrimination or show contempt for the president, and require
    journalists to reveal their sources when authorities deem it necessary
    to carry out criminal investigations or proceedings. The law also
    requires journalists to have either an associate's degree in journalism
    or communication, a certificate obtained from an institute of
    journalism and communication, or a university degree in another field
    with training in journalism. Journalists without one of these
    qualifications must obtain them within five years to continue in their
    positions.
        There were both private and government-owned newspapers, published
    in English, French, and Kinyarwanda. There were 31 newspapers,
    journals, and other publications registered with the Government,
    although fewer than 10 published regularly. Sporadically published
    independent newspapers maintained positions contrary to and critical of
    the Government during part of the year.
        The Government did not expel members of the press from the country;
    however, on April 14, the Media High Council suspended private
    newspapers Umuseso and Umuvugizi for six months for inciting public
    disorder. Umuvugizi editor John Bosco Gasasira fled the country for
    Uganda in April, and Umuseso editor Charles Kabonero fled in May; both
    claimed threats to their personal security. Umuvugizi continued to
    publish online, but the Web site was not accessible in Rwanda; the
    Government denied blocking the site. At year's end, the Media High
    Council had lifted the suspension, but neither paper had reregistered,
    a requirement to publish.
        In August 2009 the Government charged Umuvugizi editor and
    journalist Jean Bosco Gasasira, one of three journalists expelled from
    a government event in 2008, with slander, abuse, defamation, and
    invasion of privacy after he published two articles that accused a
    government official of having an extramarital affair. The judge found
    Gasasira guilty of defamation and invasion of privacy and fined him;
    Gasasira appealed the decision in December 2009. On September 25, the
    Kigali High Court cleared Gasasira of all charges.
        In 2008 government officials expelled three local journalists--
    Charles Kabonero of Umuseso, Jean Bosco Gasasira of Umuvuzigi, and Jean
    Gaubert Burasa of Rushyasha--from a government event celebrating World
    Press Freedom Day. It subsequently excluded Bonaventure Bizumuremyi of
    Umuco and Kabonero's replacement from covering government events. At
    year's end, Bizumuremyi, Gasasira, and Kabonero remained outside the
    country. The Government later began allowing Rushyasha's reporters to
    cover government events.
        The appeal of the one-year suspended sentence of local journalists
    Charles Kabonero and Didas Gasana of Umuseso, who were convicted in
    2008 of libel for critical articles written about a prominent
    businessman, remained pending at year's end.
        Civil society representatives continued to criticize the
    semiautonomous Media High Council for inhibiting rather than promoting
    press freedom.
        Unlike in previous years, government officials did not pressure
    government institutions and local businesses to withhold advertising
    from newspapers critical of the Government.
        The law authorizes private radio and television broadcasting,
    subject to the approval of the Government, although some media
    practitioners complained that the licensing fees were prohibitively
    high. The Government authorizes the licensing of private television
    stations; however, it owned and operated the country's only television
    station.
        Radio stations broadcast criticism of government policies during
    the year, including through the use of popular citizen call-in shows.
        In some cases, unidentified individuals harassed and threatened
    journalists. Some journalists reported receiving text messages and
    phone calls from unidentified persons harassing them because of
    critical stories they had written or calling them enemies of the
    country. Additionally some journalists reported that unidentified
    vehicles followed them.
        On June 24, an unknown assailant shot and killed Umuvugizi
    journalist Jean-Leonard Rugambage outside his home in Kigali. Umuvugizi
    editor Gasasira claimed the murder was related to an article published
    online that morning alleging the Government was involved in the
    assassination attempt on former army chief of staff Lieutenant General
    Faustin Kayumba Nyamwasa; however, on June 27, police arrested two
    suspects, one of whom confessed to the murder of Rugambage as a
    genocide-related revenge killing. In October authorities sentenced both
    suspects to life in prison. Both appealed the sentence, and at year's
    end, one remained in prison and the second remained free while the
    investigation continued. Human rights groups have called for an
    independent autopsy and an independent commission of enquiry into the
    killing.

        Internet Freedom.--There were no government restrictions on access
    to the Internet. There were reports that the Government monitored e-
    mail, but no reports related to Internet chat rooms. Individuals and
    groups could engage in the peaceful expression of views via the
    Internet, including by e-mail. Internet cafes were common and used
    regularly in the largest towns; the Internet was generally unavailable
    in rural areas, where the majority of the population lives. According
    to International Telecommunication Union statistics for 2008,
    approximately 3 percent of the country's inhabitants used the Internet.

        Academic Freedom and Cultural Events.--The Government generally did
    not restrict academic freedom or cultural events; however, in September
    2009 police arrested university lecturer Dieudonne Nyamulinda on
    charges of insulting the president and denying the genocide.
    Authorities sentenced him to five years in prison. Nyamulinda appealed
    the sentence and at a later trial received a sentence of two years in
    prison. There were no confirmed reports that authorities suspended
    secondary or university students for divisionism or engaging in
    genocide ideology.

        b. Freedom of Peaceful Assembly and Association.--Freedom of
    Assembly.--The constitution and law provide for freedom of assembly,
    and the Government generally respected this right in practice; however,
    there were some exceptions. Authorities legally may require advance
    notice for outdoor rallies, demonstrations, and meetings.
        Authorities prevented political party organizers from meeting.
        In 2009 authorities cancelled three assemblies of the Democratic
    Green Party of Rwanda (or Green Party): two for alleged procedural
    errors and one because of a disruption by an attendee. The Green Party
    also found it difficult to secure a notary for its assemblies, and it
    was still awaiting authorization from police to hold another assembly
    at year's end.
        The Government continued to limit the types of locations where
    religious groups could assemble, at times citing municipal zoning
    regulations as the reason.

        Freedom of Association.--The constitution provides for freedom of
    association; however, the Government limited this right in practice.
    Private organizations were required to register, and the Government
    generally granted licenses without undue delay; however, there were
    some exceptions. The Government impeded the formation of new political
    parties and restricted political party activities (see section 3).
        The Government generally imposed difficult and burdensome NGO
    registration and renewal requirements, as well as time-consuming
    requirements to submit annual financial and activity reports.

        c. Freedom of Religion.--For a description of religious freedom,
    please see the Department of State's 2010 International Religious
    Freedom Report at www.state.gov/g/drl//irf/rpt.

        d. Freedom of Movement, Internally Displaced Persons, Protection of
    Refugees, and Stateless Persons.--The constitution and law provide for
    freedom of movement, foreign travel, emigration, and repatriation, and
    the Government generally respected these rights in practice.
        The Government generally cooperated with the 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.
        According to the UNHCR, during the year the country accepted 9,886
    citizens returning from other countries; most were settled in their
    districts of origin. According to Rwanda Demobilization and
    Reintegration Commission statistics, approximately 3,000 civilian
    noncombatants, who had been living in FDLR-controlled areas of the DRC,
    returned in 2009 and during the year. The Government worked with the
    UNHCR and other aid organizations to assist the resettled returnees.
        The Government continued to accept former combatants who returned
    to the country from the DRC as part of the ongoing rapprochement
    between the two countries. A total of 9,196 former combatants from
    armed groups in the DRC, including 771 former child soldiers, had been
    demobilized and peacefully resettled in the country since the beginning
    of the disarmament, demobilization, and reintegration program in 2001.
    During the year the Government demobilized 610 adult former combatants
    from armed groups and rehabilitated 47 children, reuniting 29 with
    their families. It also demobilized 2,000 RDF soldiers during the year.
    With international support, the Government's Demobilization and
    Reintegration Commission, the lead agency for the reintegration of
    returned former combatants, placed such persons in a three-month
    reeducation program at a demobilization and reintegration center in
    Northern Province. There also was a center solely for former child
    combatants in Eastern Province. After the three-month reeducation
    period, each adult former combatant received approximately 60,000
    Rwandan francs ($108) and permission to return home; several months
    later, each received an additional 120,000 Rwandan francs ($216).
    Returnees accused of committing genocide and who were at least 14 years
    old at the time of the genocide faced gacaca trials.

        Internally Displaced Persons (IDPs).--The Government demolished
    homes and businesses in Kigali as part of the city's master plan, and
    some residents claimed they received insufficient compensation for
    their property.

        Protection of Refugees.--The Government has established a system
    for providing protection to refugees. The constitution recognizes the
    right to asylum ``under conditions determined by law,'' and there was a
    law in place to recognize refugees.
        The UNHCR, with government support, continued to assist refugees
    and asylum seekers. At year's end, it had provided temporary protection
    to 55,688 refugees, 99 percent of whom were refugees from the DRC.
    Other refugees were from Angola, Burundi, Chad, Eritrea, Ethiopia,
    Somalia, Sudan, and Uganda.
        In June the Government began issuing identity cards to refugees. In
    a joint effort by the UNHCR, the Immigration Department, and the
    Ministry of Disaster Management and Refugee Affairs, 10,840 refugees
    had received identity cards by year's end, and the process was ongoing.
    In June UNHCR hosted a two-day training program for 110 Rwandan members
    of parliament on human rights, UNHCR's international protection
    mandate, and regional, national, and legal instruments.
        In July the Government of Uganda deported approximately 1,300
    Rwandans who had fled to Uganda in March and April, but were denied
    refugee status by Uganda. The Government received these returning
    individuals in Byumba Transit Center, which according to the UNHCR
    lacked water and adequate space. The Government did not allow the UNHCR
    access to the individuals. Reports received later from the UNHCR and
    the Government indicated individuals received a one-month supply of
    food and nonfood items the day after their arrival. Authorities later
    transported some returnees to their districts of origin.
        There were no reports representatives of a DRC-based armed group
    recruited children and adults from Rwandan refugee camps to be
    combatants or laborers. The Government noted it was difficult to
    control camps that had no fences and populations that regularly crossed
    borders. Refugees had access to primary schools and health care, but
    few were able to find jobs, although there were no laws denying them
    employment.
    Section 3. Respect for Political Rights: The Right of Citizens to
            Change Their Government
        The constitution and law provide the right of citizens to change
    their government peacefully; however, the ruling Rwanda Patriotic Front
    (RPF) controlled the Government and legislature, and its candidate for
    president during the year dominated the election.

        Elections and Political Participation.--Presidential elections in
    August were peaceful and orderly, with a heavy turnout; however,
    observers noted irregularities in the electoral process. The election
    was dominated by the ruling party, with the RPF candidate, Paul Kagame,
    receiving approximately 93.1 percent of the vote; the Social Democratic
    Party candidate 5.2 percent; the Liberal Party candidate 1.4 percent;
    and the Party for Peace and Concord candidate 0.4 percent.
        The Report of the Commonwealth Observer Group noted voter turnout
    was large, voters conducted themselves in an orderly manner, and
    polling stations and staff were well-prepared. The report listed some
    irregularities in specific locations. For example, there were confirmed
    reports that Rwandan National Electoral Commission (NEC) officials
    called voters to polling stations as early as 2:00 a.m. although polls
    officially opened at 6:00 a.m.; ballot box seals did not appear to be
    numbered or otherwise uniquely identifiable; there were instances of
    ballot boxes not having been verified as empty prior to the
    commencement of voting; and a lack of familiarity by many voters as to
    proper voting procedures. Regarding the ballot counting and tabulation
    process, the report noted polling officials generally followed
    procedures, but ``there were more inconsistencies at this stage and
    also a looser application of procedures.'' For example, in some cases,
    polling officials did not formally announce the start of the count, did
    not always properly account for and secure unused ballot papers, and
    did not always post results at the polling station.
        Few observers were able to monitor the district consolidation
    process and many reported discrepancies between vote tallies at the
    polling stations and the final tally at the district level. For
    example, most observers reported the RPF candidate winning 97 to 100
    percent of votes cast at the polling stations, while the final national
    tally recorded him winning 93.08 percent. In their report, the Rwandan
    Civil Society Election Observation Mission noted that ``the practice
    with regard to the process of transmission and consolidation of results
    from polling centres to the district level in some districts still
    needs some improvement.'' Some observers noted the process for
    collecting and delivering ballots and results to the district was
    lengthy and unclear, reflecting the country's infrastructure and
    resource challenges. Also, NEC officials did not always give observers
    clear information regarding the district consolidation process,
    resulting in a lack of transparency. Some observers noted the use of a
    thumb print on the ballot could lead to a perception a ballot could be
    traced to an individual.
        According to a preliminary report from the Media High Council,
    media coverage and professionalism generally improved since the 2008
    chamber of deputies elections. The report noted media generally gave
    all parties equal access and balanced coverage; however, problems
    included lopsided coverage by public media organs, inaccurate
    estimations of campaign rally turnouts, and private media's reliance on
    second-hand information during the first half of the campaign period.
    According to a study by the National University of Rwanda School of
    Journalism and Communication and the Deutsche Welle Akademie, media
    coverage during the elections was generally professional and provided
    education to citizens on the laws and the electoral process. However,
    the report noted the public media organs they monitored did not give
    equal space or airtime to all the candidates and parties. Additionally
    media organs underrepresented some parties and sometimes reported
    inaccurately. Finally the report found many media organs did not abide
    by government regulations to avoid political propaganda, refrain from
    wearing political party colors, and provide balanced reporting, thereby
    undermining opposition parties and candidates.
        The constitution provides for a multiparty system but offers few
    rights for parties and their candidates. Parties were not able to
    operate freely, and parties and candidates faced legal sanctions if
    found guilty of engaging in divisive acts, destabilizing national
    unity, threatening territorial integrity, or undermining national
    security. The Government's enforcement of laws against genocide
    ideology or divisionism discouraged debate or criticism of the
    Government and resulted in brief detentions and the holding of one
    political prisoner, former minister Ntakirutinka.
        All political organizations were constitutionally required to join
    the Forum for Political Organizations, which continued to promote
    consensus at the expense of political competition, according to
    observers. Independent political parties must demonstrate membership in
    every district, reserve at least 30 percent of a party's leadership
    positions for women, and provide a written party statute signed by a
    notary to register.
        The Government impeded the registration of the Green Party. In
    September 2009 the Green Party had to cancel a planned assembly because
    a public notary was not available. In October 2009 after an
    unidentified man disrupted a Green Party assembly, police canceled the
    meeting, citing security concerns. In November the Green Party applied
    for but was unable to obtain police clearance to hold another assembly.
    By year's end, the Green Party had not succeeded in registering as a
    political party.
        Police arbitrarily arrested opposition members. For example, in
    September 2009 local authorities arrested a PS-Imberakuri member for
    campaigning at school and breach of public order after he reportedly
    spoke to students about his party. Police released him without charge
    after three days; however, district authorities in Ruhango subsequently
    dismissed him from his teaching position.
        On July 14, the body of unregistered Green Party vice president
    Andre Kagwa Rwisereka was found in the South. Police initially
    suspected robbery, but later they indicated the murder may have been
    over a financial dispute. Some human rights organizations claimed the
    murder could have been politically motivated and called for an
    independent autopsy by foreign experts. Police arrested a suspect on
    July 16 and released him on July 21. The investigation was ongoing at
    year's end.
        During the year authorities prevented political party organizers
    from meeting (see section 2.b.).
        In accordance with the constitution, which states a majority party
    in the chamber of deputies may not fill more than 50 percent of all
    cabinet positions, independents and members of other political parties
    held key positions in government including that of the prime minister.
        The constitution requires at least 30 percent of seats in
    parliament be reserved for women. At year's end, there were nine women
    in the 26-seat senate and 43 women in the 80-seat chamber of deputies.
    There were eight women in ministerial positions, representing 31
    percent of cabinet positions.
        There was one member of the Twa ethnic group in the senate but none
    in the chamber of deputies.
    Section 4. Official Corruption and Government Transparency
        The law provides criminal penalties for official corruption, and
    the Government implemented these laws with increasing effectiveness;
    however, corruption remained a problem.
        For example, in December 2009 the court sentenced Vincent
    Gatwabuyege, former permanent secretary in the Ministry of
    Infrastructure, to three years in prison for embezzlement of state
    funds. Authorities fined him 500,000 Rwandan francs (approximately
    $1,000) and released him from prison in July. In November 2009 the
    court sentenced Theoneste Mutsindashyaka, former state minister for
    primary and secondary education, to one year in prison for violating
    tendering procedures for construction of Eastern Province headquarters.
    On July 16, authorities acquitted him on all charges, released him from
    prison, and fined him 500,000 Rwandan francs ($1,000). In August 2009
    the court charged former parliamentarian Bikoro Munyanganizi with
    corruption and sentenced him to two years in prison. Munyanganizi
    appealed, and in December the court acquitted him on the corruption
    charges but sentenced him to one year in prison for tax evasion.
        During the year there were some reports of police arbitrarily
    arresting and beating individuals, engaging in corrupt activities, and
    demonstrating a lack of discipline.
        The National Public Prosecution Authority (formerly the Prosecutor
    General's Office), under the Ministry of Justice, is responsible for
    prosecuting police abuse cases. The RNP Office of Inspectorate Service,
    which reports directly to the RNP commissioner general, handled
    approximately 413 cases of police misconduct during the year. During
    the year the RNP fired 104 police officers for corruption, abuse of
    power, or misconduct; 309 police officers received administrative
    punishment for indiscipline. Acts that rose to the level of criminal
    offenses were referred to the National Public Prosecution Authority,
    and several prosecutions were underway at year's end. The RNP
    advertised a toll-free number through the local radio and press and
    provided complaint and compliment boxes in many communities to
    encourage citizens to report problems regarding police and local
    defense members.
        The Office of the Auditor General worked to prevent corruption,
    including through investigations of improper tendering practices at
    government ministries. The Office of the Ombudsman had an active good
    governance program and several anticorruption units that worked at the
    local level. During the year the office pursued many corruption cases,
    the majority of which involved misuse of public funds. During the year
    the police and National Public Prosecution Authority used the auditor
    general's annual report to pursue investigations into the conduct of
    government businesses.
        The law provides for annual reporting of assets by public
    officials, but not public disclosure of those assets; most officials
    complied.
        In January 2009 the Government announced the formation of an
    anticorruption council, composed of the ombudsman's office, the
    National Public Prosecution Authority, the national police
    commissioner, and several ministries. In 2009 the council established a
    hotline for reporting cases of corruption, made corruption cases a
    priority in the judicial system, and shared information during
    quarterly meetings. Between June and December, the anticorruption
    council received 184 cases of alleged corruption; authorities
    prosecuted 14 of the cases and delivered administrative penalties in
    some of the other cases.
        The law does not provide for access to government information, and
    it remained difficult for citizens and foreigners, including
    journalists, to obtain access to government information. However, the
    annual budget was available publicly, both in electronic form and in
    hard copy.
        The November 2010 report of the UN Group of Experts (UNGOE) on the
    Democratic Republic of the Congo (DRC) reported, prior to the DRC's
    suspension of all mining activities in three Congolese provinces, that
    export houses (or ``comptoirs'') ``have in the main begun trading
    legally, apparently at the instigation and with the financing of
    Rwanda-based Minerals Supply Africa (MSA), which is one of the main
    buyers of minerals from the eastern area of the Democratic Republic of
    the Congo.'' In its 2009 report, the UNGOE reported that MSA had
    purchased minerals from a DRC-based supplier, Hill Side, which
    according to the UNGOE is engaged in sales to MSA of tens of thousands
    of kilograms of cassiterite that were exported from the DRC but not
    declared to DRC authorities. According to information presented by the
    UNGOE, Hill Side's cassiterite supply chains originated from conflict-
    affected areas of eastern DRC's North Kivu Province.
    Section 5. Governmental Attitude Regarding International and
            Nongovernmental Investigation of Alleged Violations of Human
            Rights
        A variety of international NGOs and several independent domestic
    human rights groups operated in the country, investigating and
    publishing their findings on human rights cases. Some domestic NGOs
    noted relations with the Government were generally positive; however,
    others indicated the Government was intolerant of criticism and
    suspicious of local and international human rights observers, often
    rejecting their criticism as biased and uninformed. During the year
    some NGOs expressed fear of the Government and self-censored their
    activities and comments.
        Domestic NGOs the Rwandan League for the Promotion and Defense of
    Human Rights (LIPRODHOR) and the League for Human Rights in the Great
    Lakes Region (LDGL) focused on human rights abuses. Other local NGOs
    dealt with at least some human rights issues and conducted activities
    such as lobbying the legislature to provide more protection for
    vulnerable groups, observing elections, raising awareness of human
    rights among youth, and providing explanations of legislation, legal
    advice, and advocacy. In 2009 LIPRODHOR employed its 180 members (down
    from 400 in 2008) and 106 district volunteers to conduct field
    investigations of alleged abuses. Both LIPRODHOR and the LDGL published
    their findings and discussed them with government officials--including
    on sensitive cases--and raised concerns about false accusations in
    gacaca trials. Few domestic NGOs produced publications regularly on
    general human rights issues.
        The law on nonprofit associations permits government authorities to
    review budgets and the hiring of personnel. NGOs often found the
    registration process difficult. To obtain a provisional six-month
    approval, domestic NGOs must present their objectives, plan of action,
    and financial information to local authorities of every district in
    which the organizations intend to work. After obtaining provisional
    agreement, domestic NGOs must apply for registration (legal
    recognition) each year with the Ministry of Justice. If a local NGO is
    initially denied registration, the NGO sometimes must correct and
    resubmit its registration documents. The Government also requires
    domestic NGOs to submit financial and activity reports each year. NGOs
    complained these requirements and near-compulsory participation in the
    Joint Action Forum strained their limited resources. While there was no
    legal requirement to contribute financially to the forum, some
    organizations felt pressured to do so.
        The Government also requires international organizations to
    register each year and obtain yearly provisional authorization from the
    local governments of every district in which the organizations work,
    followed by final authorization from the concerned ministry. This
    requirement made registration difficult for some organizations. The
    Government also requires international organizations to submit yearly
    reports to the relevant local governments and national level
    ministries. The paperwork involved was burdensome.
        The Government required civil society groups to submit quarterly
    financial statements and lists of staff and assets in each of the
    districts where projects were implemented.
        A progovernment NGO platform group, the Civil Society Platform,
    continued to manage and direct some NGOs through the use of umbrella
    groups, which theoretically aggregated NGOs working in particular
    thematic sectors; however, many observers believed the Government
    controlled some of these umbrella groups.
        There were reports that authorities pressured some individuals
    affiliated with NGOs to provide information on their activities.
        Government officials sometimes criticized domestic NGOs that sought
    assistance from international NGOs and the diplomatic corps in
    resolving disputes with the Government.
        The Government submitted a report to the UN Office of the High
    Commissioner for Human Rights for the country's first Universal
    Periodic Review, which described its efforts to improve the human
    rights situation in the country. Additionally 35 local civil society
    organizations submitted an alternative report; however, some leaders of
    the participating organizations denounced the report after it was
    submitted, saying it did not reflect their views.
        The Government generally cooperated with international NGOs;
    however, it frequently criticized HRW, and sometimes Amnesty
    International, as being inaccurate and biased. The Government
    reportedly conducted surveillance on some international NGOs.
        The Government did not deny visas to NGO personnel; however, on
    March 3, officials confiscated, and on March 10 cancelled, the work
    permit of HRW's sole international researcher in country on charges of
    forgery. The researcher reapplied, and on April 23, officials denied
    her application. She left the country the next day.
        The National Human Rights Commission (NHRC) enjoyed the
    Government's cooperation but did not have adequate resources to
    investigate all reported violations and remained biased in favor of the
    Government, according to some observers.
        The Office of the Ombudsman operated with government cooperation
    and took action on cases of corruption and other abuses, including of
    human rights (see sections 1.e. and 3).
        The ICTR in Tanzania continued to prosecute genocide suspects
    during the year. Since 1994 the ICTR completed 52 cases, with 36
    convictions, eight convictions pending appeal, and eight acquittals. At
    year's end, there were 21 individuals on trial, two persons awaiting
    trial, and 10 fugitives. Despite continued government efforts to
    prepare its facilities and legal system to meet international
    standards, the ICTR has rejected five applications to transfer genocide
    suspects to Rwanda for trial. In November the prosecutor filed three
    new requests; eight other cases remained under appeal at year's end.
        The ICTR had tried no RPF members by year's end. The Government
    continued to claim that calls by human rights groups or opposition
    figures for investigations of alleged RPF war crimes constituted
    attempts to equate the genocide with abuses committed by RPF soldiers
    who stopped the genocide.
    Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
        The constitution provides that all citizens are equal before the
    law, without discrimination on the basis of ethnic origin, tribe, clan,
    color, sex, region, social origin, religion or faith opinion, economic
    status, culture, language, social status, or physical or mental
    disability. The Government generally enforced these provisions;
    however, problems remained.

        Women.--The law criminalizes rape and spousal rape, and the
    Government handled rape cases as a priority within its courts and
    tribunals. Penalties for rape ranged from 10 years' to life
    imprisonment; penalties for spousal rape ranged from six months' to two
    years' imprisonment. During the year courts tried 239 cases--159 new
    rape cases were filed in court, and 1,463 cases were pending at year's
    end, compared with 2,020 pending cases at the end of 2009. In recent
    years, those convicted of rape generally received prison sentences of
    between one year and life. Rape and other crimes of sexual violence
    committed during the genocide are classified as Category I genocide
    crimes.
        Domestic violence against women, including wife beating, was
    common. Figures from the National Institute of Statistics indicated 31
    percent of women over the age of 15 were victims of domestic violence,
    and 10.2 percent of women experienced domestic violence during
    pregnancy. A law on the prevention and punishment of gender-based
    violence came into effect in April 2009 and provides for imprisonment
    of six months to two years for threatening, harassing, or beating one's
    spouse. However, cases normally were handled within the context of the
    extended family. Between January and June, police investigated 1,572
    cases of gender-based violence; however, this figure is thought to
    underestimate the problem's extent. Police headquarters in Kigali had a
    hotline for domestic violence, an examination room, and trained
    counselors who provide access to a police hospital for more intensive
    interventions. In 2008 the RDF cooperated with local authorities in
    Northern Province to increase reporting of and support efforts against
    gender-based violence in 41 specific locations. Each of the 62 police
    stations nationwide had its own gender desk, trained officer, and
    public outreach program. The national gender desk in Kigali also
    monitored nationwide investigations and prosecutions into gender-based
    violence. In July 2009 the Government--in partnership with the RNP, UN
    Children's Fund, UN Development Fund for Women, and UN Population
    Fund--opened the Isange Center, which provided medical, psychological,
    and police assistance to victims of domestic violence.
        The law prohibits sexual harassment by employers and provides for
    penalties of two to five years' imprisonment and fines from 100,000 to
    200,000 Rwandan francs ($180 to $360). Sexual harassment was common.
    The effectiveness of government enforcement efforts was unknown.
        The Government respected the basic right of couples and individuals
    to decide freely and responsibly the number, timing, and spacing of
    their children and to have the information and means to do so free from
    discrimination, coercion, and violence. The Government made available
    reproductive health services and contraceptives for all citizens,
    regardless of age, sex, and ethnicity. More than 90 percent of the
    population had some form of health insurance, with free coverage
    provided to the poorest of the population. However, some persons
    remained uninsured because they did not qualify for free insurance, did
    not purchase insurance, or could not afford the fees. Additionally the
    resources generated by the insurance schemes were not sufficient to
    cover more expensive medical care, which resulted in significant out-
    of-pocket costs.
        There was a small copayment for obstetric services; this fee was
    waived for women who completed the recommended four antenatal care
    visits. Women and men received equal access to diagnostic services and
    treatment for sexually transmitted infections including HIV/AIDS.
    According to the Population Reference Bureau, the Government provided
    73 percent of available contraceptives. According to a 2005 Demographic
    and Health Survey, the unmet need for family planning was 38 percent, a
    statistic that reflected rural access issues, lack of accurate
    information, and religious reasons. According to the UN Population
    Fund, use of modern contraceptives increased from 10 percent in 2005 to
    17 percent in 2008, and skilled attendance at birth rose from 39 to 52
    percent in the same period. According to the UN, the estimated maternal
    mortality ratio in 2008 was 540 maternal deaths per 100,000 live
    births.
        Women have the same legal status and are entitled to the same
    rights as men. The law allows women to inherit property from their
    fathers and husbands, and couples may make their own legal property
    arrangements; however, women had serious difficulties pursuing property
    claims. Since the 1994 genocide, which left numerous women as heads of
    households, women assumed a larger role in the formal sector, and many
    operated their own businesses. According to the UNDP, nearly one-third
    of households in the country are female-headed, and nearly two-thirds
    of these households lie below the poverty line, compared to 54 percent
    of male-headed households. Despite the election in 2008 of a chamber of
    deputies with a female majority, women continued to have limited
    opportunities for education, employment, and promotion. Women performed
    most of the subsistence farming in the country. According to the
    International Finance Corporation, women headed 42 percent of
    enterprises and made up 58 percent of enterprises in the informal
    sector, which accounts for 30 percent of the country's GDP. For the
    majority of women, particularly those at the lower end of the economic
    spectrum, the key assets of most households are usually owned by men,
    making formal bank credit inaccessible to many women, rendering it
    difficult to start or expand a business. According to a 2005
    Demographic and Health survey, more than 85 percent of working women
    are engaged in agriculture, but 72 percent of these women are self-
    employed and 64 percent receive no payment for their work. The
    Government-funded Women's Council served as a forum for women's issues
    and consulted with the Government on land, inheritance, and child
    protection laws. The Ministry of Gender and Family Promotion in the
    Office of the Prime Minister headed government programs to address
    women's issues and coordinated programs with other ministries, police,
    and NGOs. The Government provided scholarships for girls in primary and
    secondary school and loans to rural women. A number of women's groups
    actively promoted women's concerns, particularly those of widows,
    orphaned girls, and households headed by children. In January 2009 the
    Government opened the Rwanda Gender Observatory, a gender-focused
    institution that tracks the mainstreaming of gender equality and
    women's empowerment throughout all sectors of society and collects
    gender-disaggregated data to inform policy processes.

        Children.--Citizenship is derived from one's parents. Children born
    to two Rwandan parents automatically receive citizenship; children with
    one Rwandan parent must apply for citizenship before turning 18 years
    old. Children born in the country to unknown or stateless parents
    automatically receive citizenship. Births are registered at the sector
    level upon presentation of a medical birth certificate. There were no
    reports of unregistered births leading to denial of public services.
        Primary education is compulsory. Parents of students are not
    required to pay tuition fees through nine years of basic education;
    however, most parents were required to pay unofficial fees to support
    basic school operations.
        Statistics on child abuse were unavailable; however, such abuse was
    common.
        There were no statistics available on child marriage; however, it
    occurred in rural areas.
        Due to the genocide and deaths from HIV/AIDS, there were many
    households headed by children, some of whom resorted to prostitution to
    survive. The law provides that any sexual relations between an adult
    and a child under 18 years old is considered rape and is punishable by
    20 years to life in prison. Between January and July 2009, prosecutors
    filed 2,045 cases in regular courts of rape of minors; judges acquitted
    632 of those accused and sentenced 110 to life in prison.
        During the year the Government conducted a high-profile public
    campaign to discourage intergenerational sex and sexual procurement.
        The law prohibits child pornography with penalties of between five
    and 10 years in prison and a fine of 200,000 to 500,000 Rwandan francs
    ($360 to $900).
        The Government continued to support the Muhazi rehabilitation
    center for children in Eastern Province, which provided care and social
    reintegration preparation during the year for approximately 47 children
    who had previously served as soldiers in the DRC. As of December, 29 of
    the former child soldiers were reunited with their families. In June
    UNICEF, with the support of the Government, began a year-long project
    at the center to provide literacy and numeric education, psychosocial
    support, recreational and cultural activities, an improved medical
    unit, and increased nutrition through gardens and fish farming.
        There were numerous street children throughout the country.
    Authorities gathered street children and placed them in foster homes or
    government-run facilities, including Gikondo transit center, where
    street children, vagrants, and street sellers were held in substandard
    conditions (see section 1.d.). The Government also supported 30 child-
    care institutions across the country that provided shelter, basic
    needs, and rehabilitation for 1,988 street children. The Government
    worked with international organizations and NGOs to provide vocational
    training and psychosocial support to street children, reintegrate them
    into their communities, and educate parents on how to prevent their
    children from becoming street children.
        The country is not a party to the 1980 Hague Convention on the
    Civil Aspects of International Child Abduction. For information on
    international parental child abduction, please see the Department of
    State's annual report on compliance at http://travel.state.gov/
    abduction/resources/congresreport/congressreport--4308.html.

        Anti-Semitism.--There was a very small Jewish community, consisting
    entirely of foreigners, and there were no reports of anti-Semitic acts,
    societal discrimination, or abuse.
        In 2009 the Government endorsed the opening of Agahozo Shalom Youth
    Village, a residential community for orphaned teenagers sponsored by an
    American Jewish organization, which teaches tolerance and acceptance of
    all persons.

        Trafficking in Persons.--For information on trafficking in persons,
    please see the Department of State's annual Trafficking in Persons
    Report at www.state.gov/g/tip.

        Persons With Disabilities.--The law specifically prohibits
    discrimination against persons with disabilities in regard to
    employment, education, and access to social services, and the
    Government generally enforced these provisions. The constitution
    prohibits discrimination on the basis of physical or mental disability.
    The law also mandates access to public facilities, accommodations for
    taking national exams, provision of medical care by the Government, and
    monitoring of implementation by the NHRC; the Government generally
    implemented these provisions. The National Federation for People with
    Disabilities (FENAPH) appointed one member of the chamber of deputies.
    The legislature passed an amendment to the constitution on June 17 to
    establish a national council for persons with disabilities to assist in
    coordination of government efforts to provide for the rights of persons
    with disabilities.
        Some persons view disability as a curse or punishment, which can
    result in social exclusion and sometimes abandonment or hiding of
    children from the community. FENAPH has held several conferences to
    sensitize teachers and communities to these abuses.
        There is one government psychiatric referral hospital in Kigali;
    all other mental health facilities are nongovernmental. In general
    facilities are underequipped and understaffed. Individuals can be
    committed to mental health facilities involuntarily with no hearing.
        There have been no claims of employment discrimination against
    persons with disabilities.
        The National University of Rwanda and the Kigali Institute of
    Education admit students with visual disabilities.

        National/Racial/Ethnic Minorities.--Long-standing tensions in the
    country culminated in the 1994 state-orchestrated genocide, in which
    Rwandans killed between 750,000 and one million of their fellow
    citizens, including approximately three-quarters of the Tutsi
    population. Following the killing of the president in 1994, an
    extremist interim government directed the Hutu-dominated national army,
    militia groups, and ordinary citizens to kill resident Tutsis and
    moderate Hutus. The genocide ended later the same year when the
    predominantly Tutsi RPF, operating out of Uganda and northern Rwanda,
    defeated the national army and Hutu militias, and established an RPF-
    led government of national unity that included members of eight
    political parties. President Kagame was elected in the 2003 elections.
        Since 1994 the Government has called for national reconciliation
    and abolished policies of the former government that created and
    deepened ethnic cleavages. The Government removed all references to
    ethnicity in written and nonwritten official discourse and eliminated
    ethnic quotas for education, training, and government employment. The
    constitution provides for the eradication of ethnic, regional, and
    other divisions in society and the promotion of national unity. In
    practice, some Rwandans know the regional or ethnic origin of their
    fellow Rwandans. Some individuals continued to accuse the Government of
    favoring Tutsis--particularly English-speaking Tutsis--in government
    employment, admission to professional schooling, recruitment into or
    promotion within the army, and other matters.
        Some French-speaking citizens charged the 2008 government decree to
    replace French with English in 2010 as the language of instruction from
    elementary school grade three onwards favored English-speakers.

        Indigenous People.--Beginning in the 1920s, colonial authorities
    formally assigned ``racial'' categories to all citizens and required
    them to carry identity cards indicating their designated ethnicity--
    Hutu, Tutsi, or Twa. Government authorities continued this practice
    until after the 1994 genocide. The postgenocide government banned
    identity card references to ethnicity and prohibited social or
    political organizations based on ethnic affiliation as divisionist or
    contributing to genocide ideology. As a result, the Twa, purported
    descendants of Pygmy tribes of the mountainous forest areas bordering
    the DRC and numbering approximately 34,000, lost their official
    designation as an ethnic group. The Government no longer recognizes
    groups advocating specifically for Twa needs, and some believed these
    government policies denied them their rights as an indigenous ethnic
    group. The Government recognized the Community of Rwandan Potters, an
    organization that focused primarily on Twa community needs, as an
    advocate for the most marginalized, rather than organizations that
    support an indigenous ethnic group. Most Twa continued to live on the
    margins of society with very limited access to health care or
    education. The Twa generally continued to be treated as second-class
    citizens.

        Societal Abuses, Discrimination, and Acts of Violence Based on
    Sexual Orientation and Gender Identity.--Some members of the LGBT
    community reported societal discrimination and abuse during the year.
    According to a 2008-09 study in Kigali, gays claimed to have been
    verbally and physically abused in workplaces, bars, prisons, and
    elsewhere.

        Other Societal Violence or Discrimination.--Discrimination against
    persons living with HIV/AIDS occurred, although such incidents remained
    rare. The Government actively supported public education campaigns on
    the issue, including the establishment of HIV/AIDS awareness clubs in
    secondary schools and making public pronouncements against
    stigmatization of those with the disease.
        According to RDF policy and in keeping with UN guidelines, members
    of the military with HIV/AIDS are not permitted to participate in
    peacekeeping missions abroad but remain in the military.
    Section 7. Worker Rights

        a. The Right of Association.--The law provides all salaried
    workers, except for civil servants, the right to form and join unions
    of their choice without previous authorization or excessive
    requirements, and workers exercised this right in practice. The law
    allows unions to conduct their activities without interference;
    however, while the Government respected this right in practice, some
    private sector employers did not and often harassed union members.
    Employers often prevented organized workers from meeting by prohibiting
    meetings during work hours. Approximately 30 percent of the total
    workforce, including agricultural workers, belonged to unions.
        All unions must register with the Ministry of Labor for official
    recognition; the application process was cumbersome.
        The law provides some workers the right to strike, but authorities
    severely restricted this right. Civil servants were not allowed to
    strike. Participation in unauthorized demonstrations could result in
    employee dismissal, nonpayment of wages, and civil action against the
    union. A union's executive committee must approve any strike, and the
    union must first try to resolve its differences with management
    following a process prescribed by the Ministry of Labor. During the
    year workers at a tobacco company formed a union and held a strike to
    protest working conditions. According to a union cooperative, some of
    the workers responsible for forming the union were fired; a trial for
    some members is set for June 2011.

        b. The Right to Organize and Bargain Collectively.--The law
    provides for collective bargaining, but the Government severely limited
    this right. The labor law allows for unions to negotiate with employers
    for an industry-level minimum wage, but no unions have done so.
        The Government was heavily involved in the collective bargaining
    process since most union members worked in the public sector. No labor
    unions had an established collective bargaining agreement with the
    Government.
        The law prohibits antiunion discrimination, but there were no
    functioning labor courts to resolve complaints involving discrimination
    against unions. According to the Central Union of Rwandan Workers,
    employers in small companies frequently intimidated unionists through
    the use of transfers, demotions, and dismissals, although less often
    than in the previous year. The law requires employers to reinstate
    workers fired for union activity; however, the Government seldom
    enforced this law.
        There were no export processing zones.

        c. Prohibition of Forced or Compulsory Labor.--The law prohibits
    forced or compulsory labor, and the Government generally enforced this
    right; however, prison authorities assigned prisoners to work details
    that generally involved uncompensated public maintenance duties. Gacaca
    courts sentenced convicts to perform community service, and those
    suspected of committing genocide, who confessed, received sentences
    involving community service. Some prisoners volunteered for community
    service because it allowed them time away from overcrowded prisons and
    sometimes extra privileges. Authorities have sentenced 62,028 persons
    to community service. At year's end, 20,875 persons were serving their
    sentences in one of the 51 community service camps, 24,543 had
    completed their community service, and 14,071 were waiting to begin
    community service.
        There were no reports that children in refugee camps were recruited
    to be used as combatants in eastern DRC or forced laborers.
        Forced child labor and trafficking of children for sexual
    exploitation occurred.
        Also see the Department of State's annual Trafficking in Persons
    Report at www.state.gov/g/tip.

        d. Prohibition of Child Labor and Minimum Age for Employment.--The
    law prohibits forced or compulsory labor by children; however, the
    Government did not effectively enforce it. According to a survey
    completed by the International Labor Organization and UNICEF in
    partnership with the Government, approximately 325,000 children (11
    percent of children between the ages of five and 17) engaged in child
    labor.
        During the year the Government increased efforts to stop child
    prostitution through a high-profile public campaign to discourage
    intergenerational sex and sexual procurement.
        Except for subsistence agricultural workers, who accounted for more
    than 85 percent of the workforce, the law prohibits children younger
    than 16 years old from working without their parents' or guardians'
    permission. The law prohibits children younger than 18 years old from
    participating in night work (between 7 p.m. and 5 a.m.) or any work
    deemed hazardous or difficult by the minister of labor. Children also
    must have a rest period of at least 12 hours between work periods. The
    minimum age for full-time employment is 18 years old (16 years old for
    apprenticeships), provided that the child has completed primary school.
        The Government identified five forms of child labor as the ``worst
    forms of labor,'' including domestic work outside the family sphere;
    agricultural activities on tea, rice, and sugar cane plantations; work
    in brickyards and sand extraction quarries; crushing stones; and
    prostitution. During the year child labor persisted in the agricultural
    sector, among household domestics, in small companies, and in the
    brick-making industry. Children received low wages, and abuse was
    common. In addition child prostitution and trafficking of children were
    problems.
        A National Advisory Committee on Child Labor composed of various
    government ministries, the NHRC, RNP, trade unions, and NGOs met
    regularly to provide guidance and technical assistance to the
    Government on child labor issues and to develop a national child labor
    policy. The Government supported 30 labor inspectors, one in each
    district; however, the Government was unable to provide them with
    adequate resources effectively to identify and prevent the use of child
    labor. Some districts established bylaws to prevent child labor, and
    child labor reduction benchmarks were integrated into district
    performance contracts.
        The Government worked with NGOs to raise awareness of the problem,
    identify children involved in child labor, and send them to school or
    vocational training. Between 2004 and 2008, in collaboration with
    numerous NGOs, the Government rescued 4,251 children from exploitative
    labor, prevented 3,121 at-risk children from entering exploitative
    labor, and assisted many of them to attend formal or vocational
    education. The Government fined those who illegally employed children
    or sent their children to work instead of to school. During the year
    teachers and local authorities received training on the rights of
    children. The Ministerial Order this year on the worst forms of child
    labor prohibits children from working at industrial institutions and in
    domestic service, mining and quarrying, construction, brick-making, or
    applying fertilizers and pesticides. In November the Ministry of Public
    Service and Labor released a brochure on strategies to eliminate child
    labor in the country.
        Also see the Department of State's annual Trafficking in Persons
    Report at http://www.state.gov/g/tip.

        e. Acceptable Conditions of Work.--There was no single minimum
    wage, but minimum wages in the formal economy did not provide a decent
    standard of living for a worker and his family. For example, the
    minimum wage in the tea industry ranged from 500 to 1,000 Rwandan
    francs per day (approximately $0.85 to $1.70), while in the
    construction industry it ranged from 1,500 to 5,000 Rwandan francs a
    day ($2.50 to $8.50), depending on skill level. Minimum wages, however,
    provided a higher standard of living than that of the 85 percent of the
    population relying only on subsistence farming. The Ministry of Public
    Service, Skills Development, and Labor set minimum wages in the small
    formal sector. The Government, the main employer, effectively set most
    other wage rates as well. In practice some workers accepted less than
    the minimum wage. Families regularly supplemented their incomes by
    working in small businesses or subsistence agriculture.
        In May the Government passed a law that increases legal working
    hours from 40 to 45 hours per week and reduces maternity leave from 12
    weeks with full salary to six weeks with full salary, with an optional
    additional six weeks at 20 percent of salary. The law provides
    employers with the right to determine daily rest periods; in practice
    most employees received a one-hour lunch break. The law does not
    provide for premium pay for overtime, but there are prohibitions on
    excessive compulsory overtime. The law regulates hours of work and
    occupational health and safety standards in the formal wage sector, but
    inspectors from the Ministry of Public Service did not enforce these
    standards effectively. Workers did not have the right to remove
    themselves from dangerous work situations without jeopardizing their
    jobs; however, the Government established a list of dangerous
    professions subject to heightened safety scrutiny. The same standards
    applied to migrant and foreign workers.

                                   __________

                             SAO TOME AND PRINCIPE

        The Democratic Republic of Sao Tome and Principe is a multiparty
    constitutional democracy with a population of approximately 200,000.
    The head of state is President Fradique Bandeira Melo De Menezes, who
    was reelected in 2006. The head of government is Prime Minister Patrice
    Emery Trovoada, whose party won the most seats in legislative elections
    held August 1. International observers deemed both the 2006
    presidential and August 1 legislative elections free and fair. Security
    forces reported to civilian authorities.
        Human rights abuses included difficult prison conditions; prolonged
    pretrial detention; official impunity; official corruption; violence
    and discrimination against women; child labor; and harsh forced labor
    conditions.
                            respect for human rights
    Section 1. Respect for the Integrity of the Person, Including Freedom
            From:

        a. Arbitrary or Unlawful Deprivation of Life.--There were no
    reports that the Government or its agents committed arbitrary or
    unlawful killings.

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

        c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
    Punishment.--The constitution and law prohibit such practices, and
    there were no reports that government officials employed them.

        Prison and Detention Center Conditions.--Prison conditions were
    difficult, but not life threatening. Medical care was poor, and food
    was often inadequate. Extreme high temperature often occurred and
    ventilation was often insufficient.
        Pretrial prisoners were held with convicted prisoners, and
    juveniles were held with adults. There is one prison and no jails or
    detention centers. Police stations have a small room or space to
    incarcerate an offender for brief periods.
        There were a total of 218prison inmates and 87 pretrial detainees.
    The number of inmates included 8 women and 25 juveniles. There were no
    reports of prison deaths.
        Prisoners and detainees had reasonable access to visitors on a
    weekly basis and were permitted religious observances. Authorities
    permitted prisoners and detainees to submit complaints to judicial
    authorities without censorship and to request investigation of credible
    allegations of inhumane conditions. Legal representatives are available
    to address prisoner grievances.
        The Government investigated and monitored prison and detention
    center conditions through the Ministry of Justice.
        The Government permits human rights monitors to visit the prison;
    however, there were no such visits during the year.

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

        Role of the Police and Security Apparatus.--In August, with the
    formation of the 14th constitutional government in the country's
    history, the national police and immigration service again were put
    under the control of the Ministry of Defense and Public Security. The
    Ministry of Defense and Public Security continues to supervise and
    control the military. Despite increased personnel and trainings offered
    throughout the year, the police remained ineffective and were widely
    viewed as corrupt. Impunity was a problem, and efforts to reform the
    Criminal Investigation Police, a separate agency under the Ministry of
    Justice, were unsuccessful, primarily due to inadequate resources.

        Arrest Procedures and Treatment While in Detention.--The law
    requires arrest warrants issued by an authorized official to apprehend
    suspects, unless the suspect is caught during the commission of a
    crime. The law requires a determination within 48 hours of the legality
    of a detention, and authorities generally respected this right.
    Detainees are informed promptly of charges against them and are allowed
    prompt access to family members. Detainees are allowed prompt access to
    a lawyer and, if indigent, to one provided by the state. There was a
    functioning bail system.
        However, severe budgetary constraints continued to result in
    lengthy pretrial detention and greatly hindered investigations in
    criminal cases. Inadequate facilities and a shortage of trained judges
    and lawyers were additional factors leading to lengthy pretrial
    detention.
        According to the director of the Sao Tome prison, 30 percent of the
    country's prisoners were awaiting trial during the year, and
    approximately 24 pretrial detainees had been held for more than a year.
    The majority of prisoners were young adults 18 to 30 years old.

        e. Denial of Fair Public Trial.--The constitution and law provide
    for an independent judiciary; however, at times the judicial system was
    subject to political influence or manipulation. Judicial salaries
    remained low, and judges reportedly accepted bribes.

        Trial Procedures.--The constitution provides for the right to a
    fair public trial by a judge (juries are not used), the right of
    appeal, the right to legal representation, and, if a person is
    indigent, the right to an attorney provided by the state. Defendants
    are presumed innocent, have the right to confront their accusers,
    confront witnesses, access government evidence, and present evidence
    and witnesses on their own behalf.

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

        Civil Judicial Procedures and Remedies.--The same courts consider
    both criminal and civil cases, but different procedures are used in
    civil cases. Plaintiffs may bring lawsuits seeking damages for, or
    cessation of, a human rights violation; there are also administrative
    and judicial remedies for alleged wrongs.

        f. Arbitrary Interference With Privacy, Family, Home, or
    Correspondence.--The constitution and law prohibit such actions, and
    the Government generally respected these prohibitions.
    Section 2. Respect for Civil Liberties, Including:

        a. Freedom of Speech and Press.--The constitution and law provide
    for freedom of speech and of the press, and the Government generally
    respected these rights; however, journalists practiced self-censorship.
    The law grants all opposition parties access to the state-run media,
    including a minimum of three minutes per month on television.
        Individuals could privately or publicly criticize the Government,
    including specific officials, without fear of reprisal. There were no
    reports of the Government impeding criticism. Two government-run and
    seven independent newspapers and newsletters were published
    sporadically, usually on a monthly or biweekly basis; resource
    constraints determined publishing frequency. The independent media were
    active and expressed a wide variety of views without restriction.
    International media operated freely. The Government operated television
    and radio stations. Several foreign broadcasters also were
    rebroadcasted locally.

        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.
    International Telecommunication Union Statistics for 2009 indicate that
    16.4 percent of inhabitants used the Internet. Severe lack of
    infrastructure, including inadequate electricity and communications
    networks, limited public access to the Internet.

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

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

        c. Freedom of Religion.--For a description of religious freedom,
    please see the Department of State's 2010 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. The
    law does not prohibit forced exile; however, there were no reports that
    the Government used it practice.

        Protection of Refugees.--The law does not specifically provide for
    the granting of asylum or refugee status in accordance with the 1951 UN
    Convention relating to the Status of Refugees and its 1967 protocol.
    The Government has not established a system for providing protection to
    refugees. In practice the Government provided protection against the
    expulsion or return of refugees to countries where their lives or
    freedom would be threatened. During the year there were no known
    requests for refugee or asylum status.
    Section 3. Respect for Political Rights: The Right of Citizens to
            Change Their Government
        The constitution and law provide citizens the right to change their
    government peacefully, and citizens exercised this right in practice
    through periodic and generally free and fair elections based on
    universal suffrage.

        Elections and Political Participation.--The August legislative
    elections gave a plurality of seats in the National Assembly to the
    Independent Democratic Action (ADI) party. The ADI subsequently formed
    a government headed by Prime Minister Patrice Trovoada, who took office
    on August 14. International observers deemed the election generally
    free and fair.
        Local and regional elections were held on July 25. The ADI won
    control of two of six districts in these elections; the principal
    opposition party, the Movement for the Liberation of Sao Tome and
    Principe, won four districts, and a new party, Union for Change and
    Progress of Principe, won the presidency of the regional government in
    Principe.
        Political parties operated without restriction or government
    interference.
        Women held positions throughout the Government, including 11seats
    in the 55-seat National Assembly, one of 13 cabinet positions, one seat
    on the three-member Supreme Court, and two of the 12 judgeships in the
    circuit courts.
    Section 4. Official Corruption and Government 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
    police remained ineffective and were widely viewed as corrupt.
        The World Bank's 2009 Worldwide Governance Indicators reflected
    that corruption was a serious problem. Public officials were not
    subject to financial disclosure laws.
        There are no laws that provide for public access to government
    information; however, there were no reports that the Government
    restricted access to information by citizens or noncitizens, including
    foreign media.
    Section 5. Governmental Attitude Regarding International and
            Nongovernmental Investigation of Alleged Violations of Human
            Rights
        In the past a small number of domestic human rights groups
    generally operated without government restriction, investigating and
    publishing their findings on human rights cases. Because of the general
    respect for human rights, such groups generally remained inactive.
    Government officials generally were cooperative and responsive to their
    views.
    Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
        The constitution provides for the equality of all citizens
    regardless of gender, race, social origin or status, political views,
    creed, philosophical convictions, disability, or language;
    nevertheless, women faced discrimination.

        Women.--Rape, including spousal rape, is illegal and punishable by
    two to 12 years' imprisonment. Rape occurred occasionally, with
    prosecution most likely in cases where there was evidence of violent
    assault as well as rape or if the victim was a minor. However, no
    statistics on prosecutions were available. Government family planning
    clinics and nongovernmental organizations (NGOs) sought to combat rape
    by raising awareness of the problem.
        Widespread reports of domestic violence, including rape, against
    women continued. Although women have the right to legal recourse,
    including against spouses, many were reluctant to bring legal action
    because of the cost and a general lack of faith in the legal system to
    effectively address their concerns. Women were often ignorant of their
    rights under the law. Tradition inhibited women from taking domestic
    disputes outside the family. The law specifically addresses domestic
    violence cases. If the victim misses fewer than 10 days of work, the
    penalty for assault is six months in prison. If the victim misses 10 to
    20 workdays, the penalty is one year, and so forth. The law was
    strictly enforced, but there was no data on the number of prosecutions
    or convictions for domestic violence.
        The Office of Women's Affairs and the UN Children's Fund maintained
    a counseling center with a hotline. While the hotline did not receive
    many calls due to unreliable telephone service, the counseling center
    received numerous walk-ins.
        The law does not prohibit sexual harassment, and it was a problem.
    No data was available on its extent.
        The Government recognized the right of couples and individuals to
    decide freely and responsibly the number, spacing, and timing of their
    children. Health clinics and local NGOs were permitted to operate
    freely in disseminating information on family planning under the
    guidance of the Ministry of Health. There were no restrictions on the
    right to access contraceptives, but they were not widely used. Due to a
    lack of funds, NGOs and the Ministry of Health had insufficient
    supplies of contraceptives, leading to a decrease in availability and
    use. The Government provided free childbirth services, but the lack of
    sufficient doctors obliged many women, especially in rural areas, to
    rely on nurses or midwives during childbirth, unless the mother or
    child suffered more serious health complications. Pre- and post-natal
    care outside of the family is rare. Men and women received equal access
    to diagnosis and treatment for sexually transmitted infections,
    including HIV, but women were more likely than men to seek treatment
    and refer their partners.
        The constitution stipulates that women and men have equal
    political, economic, and social rights. Women did not experience
    economic discrimination. While many women have access to opportunities
    in education, business, and government, women in general continued to
    encounter significant societal discrimination. Traditional beliefs left
    women with most child-rearing responsibilities and with less access to
    education or entry into professions. A high teenage pregnancy rate
    further reduced economic opportunities for women. The Gender Equality
    Institute within the Office of Women's Affairs held numerous seminars
    and workshops to raise awareness of discrimination against women.

        Children.--Citizenship is acquired either through parents or by
    being born within the country. Either parent, if a citizen, can confer
    citizenship to a child born outside the country. The law requires all
    children born in the country to be registered in the hospital where
    they are born. If not born in a hospital, the child must be registered
    at the nearest precinct. Failure to register a birth can lead to a
    fine.
        By law education is universal, compulsory through sixth grade, and
    tuition-free to the age of 15 or sixth grade. In practice many rural
    students stopped attending school after the fourth grade. A number of
    government and donor-funded programs operated to improve conditions for
    children, notably an ongoing malaria control project and a program for
    acquisition of school and medical equipment. Mistreatment of children
    was not widespread; however, there were few protections for orphans and
    abandoned children.
        There were reports of children engaged in prostitution. There is no
    statutory rape law or specific legislation to prohibit child
    pornography. However, the Government uses other laws such as kidnapping
    or unlawful forced labor, as well as its existing rape-related laws, to
    address instances of sexual exploitation of children.
        The Ministry of Labor and Solidarity operated a social services
    program that collected street children in three centers where they
    attended classes and received training. Conditions at the centers were
    good; however, because of overcrowding, some children were returned to
    their families to sleep at night, and a few of these children ran away.

        Anti-Semitism.--There was no known Jewish community and no reports
    of anti-Semitic acts.

        Trafficking in Persons.--For information on trafficking in persons,
    please see the Department of State's annual Trafficking in Persons
    Report at www.state.gov/g/tip.

        Persons With Disabilities.--The law does not prohibit
    discrimination against persons with physical or mental disabilities;
    however, there were no reports of discrimination against such persons.
    The law does not mandate access to buildings, transportation, or
    services for persons with disabilities. Local NGOs that criticized the
    Government in the past for not implementing accessibility programs for
    such persons were not active during the year.

        Societal Abuses, Discrimination, and Acts of Violence Based on
    Sexual Orientation and Gender Identity.--There is no law criminalizing
    sexual orientation; however, there was societal discrimination based on
    sexual orientation.

        Other Societal Violence and Discrimination.--Persons with HIV/AIDS
    were often rejected by their communities and shunned by their families.
    However, there were no reports that workers were discriminated against
    due to their HIV/AIDS status. As in the previous year, there were a
    number of government-sponsored workshops and awareness campaigns to
    reduce such discrimination. The Government also provided free AIDS
    testing and distributed antiretroviral drugs to all recognized
    patients.
    Section 7. Worker Rights

        a. The Right of Association.--The constitution and law allow
    workers to form and join unions of their choice without previous
    authorization or excessive requirements, and workers generally
    exercised this right in practice. There were no reliable statistics
    regarding the disposition of the country's workforce.
        Only two unions existed in the very small formal wage sector: the
    General Union of Workers and the National Organization of Workers of
    Sao Tome and Principe. Both represented government workers, who
    constituted the majority of formal sector wage earners, and members of
    farmers' cooperatives. The law does not prohibit antiunion
    discrimination.
        The constitution provides for the freedom to strike, including by
    government employees and other essential workers; however, the laws do
    not prohibit retaliation against strikers. No strikes occurred during
    the year. The provisions regulating strikes require that a majority is
    needed to call a strike, and replacement workers can be hired without
    consultation with the trade unions to perform essential services in the
    event the enterprise is threatened by a strike. The law also requires
    compulsory arbitration for services, including postal, banking, and
    loan services.

        b. The Right to Organize and Bargain Collectively.--The
    constitution and law state that workers may organize and bargain
    collectively; however, workers' collective bargaining rights remain
    relatively weak due to the Government's role as the principal employer
    in the formal wage sector and key interlocutor for organized labor on
    all matters, including wages.
        There were no laws prohibiting antiunion discrimination; however,
    there were no reports such discrimination occurred.
        There are no export processing zones.

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

        d. Prohibition of Child Labor and Minimum Age for Employment.--
    There are laws to protect children from exploitation in the formal
    sector workplace, but they are utilized only rarely and on a case-by-
    case basis.
        Employers in the formal wage sector generally respected the legally
    mandated minimum employment age of 18. The law prohibits minors from
    working more than seven hours a day and 35 hours a week. Children
    worked in subsistence agriculture on farms, informal commerce, and
    domestic work. Children in low income families were sometimes sent to
    work on local farms and boarded away from home. No cases of child labor
    abuses were prosecuted, although the law states that employers of
    underage workers can be fined. The Ministry of Health and Social
    Affairs is responsible for enforcing child labor laws.
        Unlike the previous year, there were no government initiatives
    taken to prevent child labor; however, a media campaign against it
    continued. The Ministry of Education mandated compulsory school
    attendance from the fourth to the sixth grade, and the Government
    granted some assistance to several low-income families to keep their
    children in school. The Ministry of Labor utilized teams of labor
    inspectors to increase inspections at work sites.

        e. Acceptable Conditions of Work.--There is no national minimum
    wage. The legal minimum wage for civil servants of 750,000 dobras ($42)
    per month was not sufficient to provide a decent standard of living for
    a worker and family. Working two or more jobs was common. The labor law
    specifies occupations in which civil servants may work if they pursue a
    second job. Civil servants in ``strategic sectors,'' such as the court
    system, the ministries of finance, customs, and education, the Criminal
    Investigation Police, and the military, earned up to 400 percent more
    than other public sector employees.
        Working conditions on many of the cocoa farms--the largest informal
    wage sector--were unregulated and extremely harsh. The average salary
    for agricultural workers did not provide a decent standard of living
    for a worker and family, and the purchasing power of their pay was
    further eroded by inflation.
        The legal workweek is 40 hours, with 48 consecutive hours mandated
    for rest. However, shopkeepers could work 48 hours a week with eight
    hours of overtime or in shifts. The law provides for compensation for
    overtime work.
        The law prescribes basic occupational health and safety standards;
    however, due to resource constraints, the Ministry of Justice and the
    Ministry of Health and Social Affairs, which covers labor issues, did
    not monitor labor conditions sufficiently, and enforcement of these
    standards seldom occurred. Employees have the right to leave unsafe
    working conditions, but none sought to do so, and enforcement of the
    right was very limited.

                                   __________

                                    SENEGAL

        Senegal, with an estimated population of 12.8 million, is a
    moderately decentralized republic dominated by a strong executive
    branch. In 2007 Abdoulaye Wade was reelected president in an election
    generally viewed as free and fair despite sporadic incidents of
    violence and intimidation. In 2007 the ruling Senegalese Democratic
    Party (PDS) won the majority of seats in National Assembly elections
    that were boycotted by the leading opposition parties. During the March
    2009 local elections (municipal, regional, and rural communities), a
    multiparty opposition coalition scored significant victories,
    especially in the country's major cities. International observers
    characterized the March 2009 elections as generally free and
    transparent. Security forces reported to civilian authorities.
        Major human rights problems included the following: inhuman and
    degrading treatment of detainees and prisoners, including reports of
    physical abuse and torture; overcrowded prisons; questionable
    investigative detention and long pretrial detention; lack of an
    independent judiciary; limits on freedoms of speech, press, and
    assembly; corruption and impunity; rape, domestic violence, sexual
    harassment of and discrimination against women; female genital
    mutilation (FGM); child abuse; child marriage; infanticide; trafficking
    in persons; and child labor.
        Rebels associated with the Movement of Democratic Forces of the
    Casamance (MFDC) killed civilians and military personnel, committed
    robberies, fought with the army, and harassed local populations while
    fighting each other.
                            respect for human rights
    Section 1. Respect for the Integrity of the Person, Including Freedom
            From:

        a. Arbitrary or Unlawful Deprivation of Life.--The Government or
    its agents did not commit any politically motivated killings. However,
    there was one report of an arbitrary killing by a security force
    member.
        On July 5, a park ranger stationed at the marine protected area of
    Madeleine Island, off the coast of Dakar, shot and killed fisherman
    Moustapha Sarr, who had allegedly violated regulations prohibiting
    fishing in the marine reserve. The park ranger, Yaya Sonko, who shot
    Sarr three times, was arrested and put in pretrial detention by a judge
    on August 17. The case was pending at year's end.
        The case against gendarme Gora Diop, who shot and killed Sangone
    Mbaye in August 2009, remained pending at year's end.

        b. Disappearance.--There were no reports of politically motivated
    disappearances.
        The Government did not take any action to resolve older cases of
    disappearances (dating from 2002 and earlier), particularly in the
    Casamance, that were linked to government security forces.

        c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
    Punishment.--The constitution and law prohibit such practices; however,
    there were occasional reports that government officials employed them.
        Human rights groups noted examples of physical abuse committed by
    security forces, including cruel and degrading treatment in prisons and
    detention facilities. In particular they criticized strip-search and
    other interrogation methods. Police reportedly forced detainees to
    sleep on bare floors, directed bright lights at their pupils, beat them
    with batons, and kept them in cells with minimal access to air. During
    the year authorities took no action against police involved in these
    abuses.
        Human rights organizations highlighted the lack of supervision and
    impunity with which security forces treated persons in police custody.
    While abuses occurred, the Government claimed that these practices were
    not widespread and that it usually launched formal investigations into
    cases of abuse. However, the investigations were often lengthy and
    rarely resulted in charges or indictments of suspects.
        In a report issued in September, Amnesty International (AI) cited
    several cases from 2009 and earlier of deaths that allegedly involved
    torture while detainees were in police custody. AI noted that no arrest
    or prosecution was made against members of security forces as the
    Government refused to authorize such prosecution. In its response, the
    Government acknowledged the existence of torture but noted that such
    cases were isolated and not systematic and claimed that AI's report was
    exaggerated. Other diplomatic and nongovernmental representatives
    echoed this assessment, noting that while abuses did occur, they were
    not systematic in scope.
        On July 14, police in Yeumbeul, a suburb of Dakar, arrested
    Abdoulaye Wade Yinghou during a demonstration protesting electricity
    outages. Yinghou was not a demonstrator but had gone to purchase
    poultry feed for his employer. He was chased by the police, arrested,
    and taken to the local police station, where he managed to use his cell
    phone to alert his employer. The police first denied having arrested
    him but, on July 15, told his employer that Yinghou died of a seizure
    while in custody. A postmortem indicated that Yinghou suffered a broken
    cervical vertebrae, wounds from sharp instruments, and lung injuries;
    his death resulted from heart failure. By year's end, no investigation
    had been conducted or any arrest made. The African Assembly for Human
    Rights (RADDHO) denounced Yinghou's death and echoed AI's report of at
    least 10 deaths of detainees in police custody as a result of torture
    in the last decade. RADDHO and AI noted that total impunity for
    security forces continued to be the rule.
        There were no further developments in the May 2009 death of
    Julilson Niniken Vaz who died while in custody of gendarmes in Mbour,
    allegedly from torture.
        At year's end there was no new information on the November 2009
    death of Abou Dia, who died in police custody in the city of Matam.
    While police claimed that Dia hanged himself, the Government admitted
    during the year that an autopsy revealed that he died of strangulation;
    the Government claimed that an investigation was ongoing.
        There were no further developments in the alleged cases of torture
    by security forces reported by human rights organizations following a
    2008 riot in the city of Kedougou. The court had dismissed allegations
    of torture made by attorneys.
        There were several cases of mob violence. Due to a weak judiciary
    and widespread perception of impunity in the justice system, civilians
    often administered punishment by beating presumed thieves before
    transferring them to security forces. For example, on July 21, Prospere
    Bassene was hit three times with a machete, tied up, and beaten to
    death by local persons in the neighborhood of Goumel in Ziguinchor.
    Bassene had robbed a local shop that night, and his gang had reportedly
    committed several robberies and sexual abuses. As of year's end, no one
    had been charged.

        Prison and Detention Center Conditions.--Prison and detention
    center conditions were poor, in part because no new prisons have been
    built since the colonial era. The nongovernmental organization (NGO)
    National Organization for Human Rights (ONDH) identified overcrowding
    and lack of adequate sanitation as major problems. There were 37
    prisons with a designed maximum capacity of 3,000 prisoners. However,
    officials noted in December 2009 that there were 7,550 prisoners. Of
    this population, 1,600 were non-Senegalese. A UN study group on
    pretrial detention visited the country in September 2009 and found that
    Dakar's main prison facility, known as ``Rebeuss,'' housed 1,592
    inmates while its designed capacity was 800. The group criticized the
    long pretrial detention, prolonged police custody beyond the legal time
    limit, and detainees' lack of access to attorneys for 48 hours after
    arrest.
        According to ONDH, approximately 2,660 persons were held in prison
    facilities in pretrial detention in 2009. There were an estimated 200
    children being held with their mothers in prison.
        Men and women were held in separate facilities. Authorities did not
    permit prisoners and detainees to submit complaints to judicial
    authorities without censorship or to request investigation of credible
    allegations of inhumane conditions. Prisoners were generally allowed
    reasonable access to visitors and were permitted religious observance.
        Unlike the previous year, there were no reports of any deaths due
    to mistreatment or poor conditions in prisons.
        Local NGOs reported in 2009 that the rape of female prisoners was a
    serious issue not addressed by government authorities. Unlike the
    previous year, however, NGOs made no new reports of rape cases of
    female prisoners.
        In April 2009, A. Kebe, a prisoner serving a two-year sentence at
    the prison of Diourbel, reportedly became pregnant while in custody;
    however, after delivering her newborn in prison, she strangled the
    child. The prosecutor opened an inquiry, but there were no further
    developments by year's end.
        Local NGOs reported that prisoner separation regulations were not
    always enforced. Pretrial detainees were occasionally held with
    convicted prisoners, and juveniles were occasionally held with adults.
        Prisons lacked doctors and medicine. There was one mattress for
    every five detainees. Prisons experienced drainage problems, stifling
    heat, and were infested with insects; food was of low quality. Prisons
    were usually tied into the local water supply, and prisoners had access
    to potable water.
        During the year the Government permitted prison visits by local
    human rights groups. The ONDH visited prisons in Dakar, Sebikotane,
    Koutal, and Louga. Members of the National Assembly and the Senegalese
    League of Human Rights also conducted prison visits.
        The ONDH noted that overcrowding and long pretrial detentions were
    serious problems. In Louga, one prisoner had spent six years in
    pretrial detention and did not have any idea when and where his
    prosecution would be taking place. Prisoners at the Camp Penal in Dakar
    complained about brutality by prison guards. One of them showed his
    back, which was scarred by marks of burning and beating.
        In September Abdoulaye Babou, chair of the Law Committee of the
    National Assembly, and 10 other members of parliament visited the
    prisons of Louga and Fatick. They made statements regretting cases of
    long pretrial detention and stated that some members of the group who
    are attorneys would represent detainees involved in the longest delayed
    cases. They also noted the poor conditions of the prison in Fatick,
    with bad hygiene, crumbling buildings, and overcrowding. They called on
    the Government to increase prison budgets. Currently prisons are
    allocated 500 CFA ($1.01) per prisoner per day; 450 CFA (91 cents) for
    daily meals and 50 CFA (10 cents) for hygiene.
        The parliamentary group also called on the Government to build a
    new prison in Louga to replace the old warehouse used as a prison,
    which they termed inappropriate and overcrowded. Each of the rooms in
    the Louga prison held 20 to 30 prisoners. The Louga prison had 222
    citizen prisoners, including 194 men, 11 women, 12 minors, and five
    foreigners. The prison was officially restricted from receiving persons
    sentenced to more than one year or hard labor, but this rule was not
    respected.
        Members of the International Committee of the Red Cross (ICRC) also
    visited prisons in Dakar and Casamance where 15 MFDC members were held
    on various criminal charges.

        d. Arbitrary Arrest or Detention.--The constitution and law
    prohibit arbitrary arrest and detention. In contrast with previous
    years, the Government generally observed these prohibitions, although
    NGOs reported that police often forcibly dispersed unauthorized
    marches, arbitrarily arrested individuals, and released them several
    hours later.

        Role of the Police and Security Apparatus.--Police and gendarmes
    are responsible for maintaining law and order. The army shares that
    responsibility in exceptional cases, such as during a state of
    emergency. The police force includes 10 departments, which constitute
    the Directorate General of National Safety. In each of the country's 14
    regions, there is at least one police station and at least one mobile
    safety brigade. Dakar has 16 police stations. The police force
    effectively maintained law and order.
        The gendarmerie is under the aegis of the Ministry of Defense and
    primarily employed in rural areas where there is no police presence.
        Impunity and corruption were pervasive problems. An amnesty law
    covers police and other security personnel involved in ``political
    crimes'' committed between 1983 and 2004, except those who committed
    assassinations in ``cold blood.''
        The Criminal Investigation Department (DIC) is in charge of
    investigating police abuses. For example, in 2009 the DIC investigated
    the case of journalists Boubacar Kambel Dieng and Karamoko Thioune, who
    were beaten in 2008 by police special forces (BIP) unit personnel
    following a soccer match in Dakar. On March 23, the media reported that
    the Ministry of Interior finally authorized the judge to prosecute the
    three suspected BIP officers. On November 26, the court found one of
    the three officers, El Hadji Lamdou Dione, guilty and issued a
    suspended sentence of one month in prison. He was also ordered to pay
    750,000 CFA ($1,516) in damages to Dieng.

        Arrest Procedures and Treatment While in Detention.--Although the
    law specifies that warrants issued by judges are required for arrests,
    in practice police often lacked warrants when detaining individuals.
    The law grants police broad powers to detain prisoners for long periods
    before filing formal charges. The DIC may hold persons up to 24 hours
    before releasing them. Many detainees were not promptly informed of the
    charges against them. Police officers, including DIC officials, may
    double the detention period from 24 to 48 hours without charges, but
    they must obtain authorization from the prosecutor. Investigators can
    request that a prosecutor double this period to 96 hours. For cases
    involving claimed threats to state security, the detention period can
    be further doubled. Thus, someone accused of plotting to overthrow the
    Government or undermining national defense can be held up to 192 hours.
        The detention period does not formally begin until authorities
    officially declare that an individual is being detained, a practice
    human rights groups criticized for resulting in unjustly long detention
    periods. Bail is rarely available. In the first 48 hours of detention,
    the accused has no access to an attorney but has the right to a medical
    exam and possibly access to family; however, family access was not
    generally allowed. The accused has the right to an attorney, and
    attorneys should be provided at public expense to all criminal
    defendants who cannot afford one, after the initial period of
    detention. A number of NGOs also provided legal assistance or
    counseling to those charged with crimes.
        The Government used security forces, especially the DIC, to harass
    journalists and arrest political opponents and civil society leaders
    (see section 2.a.).
        Judicial backlogs and absenteeism of judges contributed to long
    pretrial detention. The law states that an accused person may not be
    held in pretrial detention for more than six months for minor crimes;
    however, persons were routinely held in custody until a court demanded
    their release. Despite the six-month limit on detention for most
    crimes, the average time between charging and trial was two years. In
    many cases, persons are freed without charges being filed. In such
    circumstances, the state paid no compensation. In 2009 a UN study group
    on pretrial detention criticized the country for its use of long
    pretrial detention.
        In cases involving murder, threats to state security, and
    embezzlement of public funds, there are no limits on the length of
    pretrial detention. Judges are allowed the time necessary to
    investigate these more serious cases but with the prosecutor's consent
    may order release pending trial. If a prosecutor opposes release, the
    order is frozen until an appeals court decides whether to grant
    release. By law the prosecutor has total discretion to deny provisional
    release pending trial for cases involving threats to state security,
    murder, and embezzlement of public funds. However, since judges lacked
    sufficient time to review all cases, orders to extend detention were
    often signed without consideration of the facts to avoid releasing
    potentially guilty detainees.

        e. Denial of Fair Public Trial.--Although the constitution and law
    provide for an independent judiciary, the judiciary was subject to
    corruption and government influence.
        Magistrates continued publicly to criticize their working
    conditions, including overwhelming case loads, lack of adequate space
    and office equipment, and inadequate transportation. Magistrates also
    openly questioned the Government's commitment to judicial independence.
        Besides the formal civil court system, some citizens relied on
    traditional leaders to settle family and community disputes.
        The Regional Court of Dakar includes a military tribunal, which has
    jurisdiction over crimes that are military in nature. The tribunal is
    composed of a civilian judge, a civilian prosecutor, and two military
    assistants to advise the judge, one of whom must be of equal rank to
    the defendant. The tribunal may try civilians only if they were
    involved with military personnel who violated military law. The
    military tribunal provides the same rights as a civilian criminal
    court.

        Trial Procedures.--Defendants are presumed innocent. All defendants
    have the right to a public trial, to be present in court, to confront
    witnesses, to present evidence and witnesses, and to have an attorney,
    at public expense if needed, in felony cases.
        Evidentiary hearings may be closed to the public and the press.
    Although the defendant and counsel may introduce evidence before the
    investigating judge who decides to refer a case for trial, they do not
    always have access to all evidence against a defendant presented prior
    to trial. Access to evidence may be limited by police or prosecutors. A
    panel of judges presides over ordinary courts in civil and criminal
    cases since a law passed in July eliminated trials by jury. The right
    of appeal exists in all courts, except for the High Court of Justice.
    These rights extend to all citizens.

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

        Civil Judicial Procedures and Remedies.--Citizens may seek
    cessation of and reparation for human rights violations in regular
    administrative or judicial courts. Administrative remedies also can be
    sought by filing a complaint with the High Commission for Peace and
    Human Rights in the Office of the President. However, corruption and
    lack of independence hampered judicial and administrative handling of
    these cases. At times prosecutors refused to prosecute security
    officials, and violators often went unpunished. In addition there were
    problems in enforcing court orders, since the Government can ignore
    court orders without legal consequences.

        f. Arbitrary Interference With Privacy, Family, Home, or
    Correspondence.--The constitution and law prohibit such actions, and
    the Government generally respected these prohibitions in practice;
    however, human rights organizations stated that illegal telephone
    monitoring by security services was common practice.

        g. Use of Excessive Force and Other Abuses in Internal Conflicts.--
    The level of violence increased during the year in the Casamance
    region. There were several instances of combat between MFDC and army
    soldiers, as well as between MFDC factions. The army conducted several
    sweeps near the regional capital Ziguinchor and in the area of
    Oulampane in northern Casamance. At least 13 soldiers died in suspected
    MFDC attacks between February and December. The number of casualties on
    the MFDC side was unknown.
        Despite continued armed conflict, there were fewer civilian victims
    of violence in the Casamance during the year. No civilian land mine-
    related deaths were noted during the year, indicating that awareness
    campaigns about land mines have been effective. Handicap International
    continued working under the supervision and coordination of the
    National Mine Action Center, a government organization.
        One civilian was killed by alleged members of MFDC. On January 10,
    Ibrahima Correa was shot and killed by alleged MFDC members in the
    village of Bindaba. Correa was reportedly going to his rice field when
    gunmen opened fire. As of year's end, no arrest had been made.
        The land mine office in Casamance reported two land mine accidents
    during the year in which two soldiers were injured.
        In June there were reports that soldiers beat civilians in the town
    of Oulampane to force them to provide information about movements of
    MFDC rebels operating in the area. As of year's end, no action had been
    taken against the soldiers.
        MFDC rebels committed several highway robberies in the Casamance
    but, unlike the previous year, no civilian was killed in MFDC
    robberies.
        On May 7, alleged members of the MFDC shot and killed an unarmed
    soldier in plain clothes near Emaye, in the rural community of
    Santhiaba Manjack. No arrest had been made by year's end.
        On July 18, near Kaguitte in southern Casamance, alleged MFDC
    members committed highway robberies. While being pursued by soldiers in
    the area, they shot and killed one soldier. No arrest had been made by
    year's end.
        On October 31, on National Road 4 between the villages of Badioure
    and Diaran near Bignona, a group of approximately 40 suspected MFDC
    members fired on an army truck. Three soldiers were killed and two
    injured. The soldiers were being deployed to provide security on the
    road, where several car robberies had taken place. No arrests had been
    made by year's end.
        On December 26, suspected MFDC rebels attacked a military convoy in
    the Bignona area, injuring two soldiers who later died from their
    injuries. The following day suspected MFDC rebels ambushed another
    military patrol in Bignona, killing six soldiers.
        On January 18, between Etafoune and Kaguitte, heavily armed gunmen
    (suspected MFDC members) stopped and robbed operators or passengers of
    a vehicle, three motorcycles, one bicycle, and passers-by, stealing
    several cell phones and an unspecified sum of money. As of year's end,
    no one had been charged for the crimes.
        On March 1, between the villages of Mmpalago and Silinkine in
    northern Casamance, armed men (suspected MFDC members) stopped several
    cars, took all valuables from the passengers and later fled with one of
    the vehicles, which belonged to the president of the Region of
    Ziguinchor. As of year's end, the vehicle had not been recovered or
    anyone charged with the crime.
        On September 3, several vehicles were stopped by alleged members of
    MFDC between Sare Tening and Sinthian Tening. Passengers were robbed of
    their cell phones and money. No arrests had been made by year's end.
        There were no further developments in the following 2009 cases: the
    June 7 killing of three persons in an MFDC car hijacking near the
    village of Kawane in northern Casamance; the June 9 killing of Youssouf
    Sambou (``Rambo'') , a former warlord in the MFDC; and the October 2
    MFDC killing of six soldiers trying to free their vehicle from mud in
    the Sedhiou area.
        Of as many as possibly 40,000 persons internally displaced due to
    the Casamance conflict, the ICRC estimated that 10,000 internally
    displaced persons (IDPs) continued to live in Ziguinchor, including 370
    persons from the nearby village of Baraf, which experienced heavy
    fighting between the army and MFDC in September 2009 (see section
    2.d.).
    Section 2. Respect for Civil Liberties, Including:
        Freedom of Speech and Press--The constitution and law provide for
    freedom of speech and of the press; however, the Government limited
    these rights in practice, and security forces and politicians
    intimidated or harassed journalists during the year. Journalists also
    practiced self-censorship.
        Individuals could generally criticize the Government publicly or
    privately without reprisals.
        There were a large number of independent and three government-
    affiliated newspapers. Due to high illiteracy rates, radio was the most
    important medium of mass information and source of news.
        There were approximately 80 community, public, and private
    commercial radio stations. Although an administrative law is in place
    to regulate radio frequency assignments, community radio operators
    claimed there was a lack of transparency in the allocation of
    frequencies. Radio stations were occasionally controlled by a single
    religious, political, or ethnic group.
        Although the Government continued to maintain a firm grip on
    locally televised information and opinion through Radio Television
    Senegal (RTS), four privately owned television channels broadcast
    during the year. By law the Government must hold a majority interest in
    RTS, and the president directly or indirectly controlled selection of
    all members of the 12-person RTS executive staff. Several human rights
    and journalist groups criticized the ability of some religious leaders
    to broadcast on government-controlled television and radio without
    charge, while other groups were obliged to pay.
        Government failure to enforce regulations on establishing media
    outlets and government-provided media assistance resulted in an
    increase of unprofessional and politicized media. Journalists and human
    rights groups maintained that some media outlets, such as the daily
    newspapers Express News and Le Messager, and radio stations Ocean FM,
    Anur, and Radio Municipale de Dakar, were created solely to refute
    antigovernment criticism.
        Journalists continued to criticize government efforts to control
    media content by selectively granting or withholding state subsidies,
    which were routinely given to both government-affiliated and private
    independent media. The Government frequently used subsidies, and in a
    few cases threats and intimidation, to pressure the media not to
    publicize certain issues.
        The international media were active and expressed a wide variety of
    views without restriction.
        The Government continued to perceive some media organizations as a
    threat, and during the year journalists were detained for several hours
    by the DIC. The police often pressured journalists who reported
    government scandals, waste, or fraud to reveal their sources. The law
    allows police to arrest and imprison journalists for libel.
        On August 26, a Dakar court declared Abdourakhmane Diallo, director
    of Express News, guilty of defaming Pape Samba Mboup, chief of staff to
    the president. An unsigned article published in Diallo's newspaper had
    called Mboup an alcoholic and political mercenary. Some observers
    speculated that the article resulted from a political rivalry between
    Mboup and another government minister. The court sentenced Diallo to
    six months' imprisonment and fined his publication 20 million CFA
    ($40,444). Diallo, who was tried in absentia, had not been detained by
    year's end.
        On September 14, Abdou Latif Coulibaly, an investigative journalist
    and director of publication for weekly magazine La Gazette, was tried
    for libel in a Dakar court for defaming Thierno Ousmane Sy, a special
    adviser on telecommunications licensing to the president. Coulibaly's
    magazine quoted Sy in an article alleging that Sudanese telecom company
    Sudatel paid $40 million to bribe Senegalese and foreign lobbyists in
    2007 to obtain a cell phone license. Sy was not prosecuted for any of
    the alleged bribes, as the Government required that the journalist
    first identify his sources and information, which Coulibaly did not do.
    On November 16, Abdou Latif Coulibaly and two of the journalists who
    worked with him on La Gazette, were fined 20 million CFA ($40,444) and
    given one-month suspended jail sentences.
        The September 2009 libel case against journalists Abdou Dia and
    Pape Samba Sene was dropped because the governor decided not to seek
    reparation. The judge, in consultation with the prosecutor, decided
    therefore to close the case.
        There were no further developments in the September 2009 vandalism
    of the premises of the independent television station Wal Fadjri.

        Internet Freedom.--There were no government restrictions on access
    to the Internet, or reports that the Government monitored e-mail or
    Internet chat rooms. Individuals and groups could engage in the
    peaceful expression of views via the Internet, including by e-mail.
    There are three principle Internet service providers in the country.
    The number of Internet service subscriptions is growing by
    approximately 28 percent annually, having reached 59,745 accounts by
    December 2009. According to the country's Agency for the Regulation of
    Telecommunications and Mail, this figure represented a market
    penetration rate of 0.49 percent. Cyber cafes were numerous in Dakar
    and often found in provincial centers. According to the International
    Telecommunication Union's statistics for 2008, approximately 8 percent
    of the country's inhabitants used the Internet.

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

        b. Freedom of Peaceful Assembly and Association.--Freedom of
    Assembly.--Although the constitution and law provide for freedom of
    assembly, the Government interfered with this right in practice. During
    the year the Government repeatedly denied public permits for civil
    society and political opposition demonstrations. Opposition groups
    complained of undue delays when waiting for a government response to
    authorization requests.
        On April 3, the prefect of Dakar banned a demonstration by
    opposition parties protesting the erection of the costly Monument of
    the African Renaissance. Faced with increasing pressure from opposition
    parties, the Government authorized the demonstration at the last moment
    but limited the organizers to an itinerary different than they sought.
        On May 22, gendarmes dispersed demonstrators protesting the
    erection of buildings near a lake in the Hann neighborhood of Dakar.
    Demonstrators found refuge in a mosque. Local authorities had not
    authorized the demonstration.

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

        c. Freedom of Religion.--For a description of religious freedom,
    please see the Department of State's 2010 International Religious
    Freedom Report at www.state.gov/g/drl/irf/rpt.

        d. Freedom of Movement, Internally Displaced Persons, Protection of
    Refugees, and Stateless Persons.--The constitution and law provide for
    freedom of movement within the country, foreign travel, emigration, and
    repatriation, and the Government generally respected these rights in
    practice.
        The Government generally cooperated with the Office of the UN High
    Commissioner for Refugees (UNHCR) and other humanitarian organizations
    in providing protection and assistance to internally displaced persons,
    refugees, asylum seekers, and stateless persons.
        Some public employees, including teachers, are required by law to
    obtain government approval before departing the country; however, this
    law was not generally enforced.
        The constitution and law prohibit forced exile, and the Government
    did not employ it.

        Internally Displaced Persons (IDPs).--During the 28-year-old
    Casamance conflict, tens of thousands of persons left villages in the
    region due to fighting, forced removal, and land mines. Many persons
    reportedly became newly displaced during the year. The Government
    estimated that approximately 10,000 IDPs are in the Casamance, although
    this number tended to fluctuate with the progress of the conflict. Some
    international humanitarian assistance agencies estimated the IDP number
    to be as high as 40,000. Some IDPs who attempted to return to their
    villages in rural communities south of Ziguinchor met with hostility
    from MFDC combatants, who survived on the same natural resources as
    returning IDPs.
        The Government supplied food to and enrolled children of IDPs in
    local schools in Ziguinchor. During the year the ICRC and the
    Government provided support to IDPs from the village of Baraf who fled
    to the regional capital, Ziguinchor, after being threatened by MFDC
    rebels.

        Protection of Refugees.--The country's laws provide for the
    granting of asylum or refugee status, and the Government has
    established a system for providing protection to refugees. Since the
    president must approve each case, delays of one to two years in
    granting refugee status remained a problem. In practice the Government
    provided some protection against the expulsion or return of refugees to
    countries where their lives or freedom would be threatened on account
    of their race, religion, nationality, membership in a particular social
    group, or political opinion. The Government generally granted refugee
    status or asylum and provided refugees with food and nonfood
    assistance.
        The Government violated the rights of some asylum seekers by not
    offering them due process or security, since appeals filed by denied
    asylum seekers were examined by the same committee that examined their
    original case, and a denied asylum seeker can be arrested for staying
    illegally in the country. Those arrested sometimes remained in
    ``administrative detention'' for up to three months before being
    deported. According to the UNHCR, at the end of 2009, there were 2,796
    asylum seekers in the country.
        Since 1989 the country has offered temporary protection to
    Mauritanian refugees, who generally lived in dispersed locations in the
    river valley along the Mauritanian border and enjoyed free movement
    within the country. However, most refugees could not obtain refugee
    documents from authorities and sometimes encountered administrative
    difficulties when using their expired refugee application receipts.
    Following discussion with UNHCR, the Government agreed to issue
    identification cards, but the process had not started by year's end. In
    2008 UNHCR began a repatriation program of Afro-Mauritanians to
    Mauritania. According to UNHCR, an estimated 34,000 Afro-Mauritanians
    were registered for voluntary repatriation and, by December 2009
    approximately 19,000 had been repatriated. Repatriations were
    temporarily stopped in January due to the internal sociopolitical
    situation in Mauritania but resumed on October 19. Approximately 1,400
    refugees were repatriated between October 19 and the end of December.
        During the year 67 Liberians, 57 Ivoirians, one Ghanaian, one
    Togolese, and 449 nationals from other countries registered with UNHCR.
    Some 15,000 Senegalese from the Casamance have sought refuge in Gambia
    (7,000) and Guinea Bissau (8,000) over the years. The Government
    continued to permit generally unsupervised and largely informal
    repatriation of Casamance refugees.
    Section 3. Respect for Political Rights: The Right of Citizens to
            Change Their Government
        The constitution and law provide citizens with the right to change
    their government peacefully, and citizens generally exercised this
    right in practice through periodic, free, and fair elections based on
    universal suffrage as demonstrated in the 2007 presidential and
    legislative elections. Military and paramilitary forces were allowed to
    vote for the first time in 2009.

        Elections and Political Participation.--In 2007 President Wade was
    reelected to a second term with approximately 55 percent of the vote.
    International observers declared the voting to be generally free and
    fair; however, there was pre-election violence and irregularities,
    especially in the issuance of voter cards, and many opposition parties
    did not accept the election results. The parties petitioned the
    Constitutional Council to void the election; however, the council
    rejected their petition.
        In the 2007 legislative election, President Wade's PDS coalition
    won 131 of 150 National Assembly seats. International observers
    declared the elections to be generally free and fair. Because
    opposition parties, organized under the umbrella coalition ``Front
    Siggil Senegal,'' boycotted the elections, the turnout of 34.7 percent
    was historically low. In the 2007 indirect elections for the Senate,
    local officials and members of parliament chose PDS candidates for 34
    of the 35 contested seats. The remaining 65 Senate seats were filled by
    the president. The main opposition parties boycotted the Senate
    elections, since the president appoints the majority of Senate seats.
        The 150 registered political parties operated without restriction
    or outside interference.
        At year's end, there were 37 women in the 150-seat National
    Assembly and 12 women in the 42-member cabinet. Only 13 percent of
    locally elected leaders were women. The 100-member Senate included 40
    women.
    Section 4. Official Corruption and Government Transparency
        The law provides criminal penalties for official corruption;
    however, the Government did not implement the law effectively, and
    there were officials who engaged in corrupt practices with impunity.
    Public officials were subject to financial disclosure laws only in
    cases of investigations. The president is the only official required by
    law to disclose assets at the beginning of his or her term.
        The World Bank's 2009 Worldwide Governance Indicators reflected
    that corruption was a serious problem, and there was widespread public
    perception of government corruption. Officials granting themselves,
    members of the National Assembly, and civil servants salary increases,
    vehicles, and land over the previous few years exacerbated the
    perception.
        Impunity and corruption among police were pervasive problems.
    According to human rights groups, attorneys, and victims, security
    forces regularly extorted money from detainees in exchange for release
    and from prostitutes to overlook noncompliance with prostitution
    regulations.
        The National Commission to Fight Nontransparency, Corruption, and
    Government Fraud had no authority to investigate or to prosecute. It
    remained inefficient in fighting corruption and prosecuted no
    government officials for the crime. Despite recurrent allegations of
    corruption in the media, the commission and the judiciary undertook no
    investigations.
        On March 10, Daniel G. Seck, director of the National Agency for
    Telecommunications and Postal Services, was arrested for mismanagement
    of public funds after having made payments to himself and senior
    members of the Agency's Council, which the Government considered
    illegal. On March 16, he was freed on bail but the case remained
    pending at year's end. Several civil society leaders accused the
    Government of using Seck as a scapegoat and denounced the prosecution
    as selective, since colleagues of Seck who also received payments were
    not charged.
        During the year the Government began active implementation of a
    more transparent bidding process through the Agency for the Regulation
    of Public Tendering (ARMP). The ARMP now monitors not only government
    agencies' compliance with bidding laws and procedures, but also
    conducts technical audits that examine the costs and quality of the
    work and services provided through public tendering. For example, the
    ARMP audited the bidding practices of several government entities and
    ruled in favor of several private companies that had filed grievances
    after submitting losing bids. In September the ARMP suspended a
    telecommunications contract, but the president subsequently issued a
    decree that appeared to exempt purchases by the presidency and some
    ministries.
        The constitution and law provide citizens the right to access
    government information freely; however, the Government rarely provided
    access in practice.
    Section 5. Governmental Attitude Regarding International and
            Nongovernmental Investigation of Alleged Violations of Human
            Rights
        A wide variety of domestic and international human rights groups
    generally operated without government restriction, investigating and
    publishing their findings on human rights cases. Government officials
    were somewhat cooperative and responsive to their findings. However,
    some human rights organizations alleged that their telephones were
    regularly tapped during the year.
        Local independent NGOs included Tostan, the Committee to Combat
    Violence against Women and Children (CLVF), ONDH, RADDHO, Terre des
    Hommes International Federation, and Plan International Senegal.
        The Government's National Committee on Human Rights (NCHR) includes
    government representatives, civil society groups, and independent human
    rights organizations. The NCHR has authority to investigate abuses;
    however, it lacked credibility since it was poorly funded, did not meet
    regularly, did not conduct investigations, and last released its annual
    report in 2001.
        According to the NCHR, the Government met regularly with civil
    society and human rights NGOs to discuss topics including
    discrimination (racial, gender, and religious), migration, and domestic
    violence. The Government was somewhat responsive to NGO inquiries and
    held meetings with them to discuss human rights issues such as torture,
    domestic violence, and the case against former Chadian dictator Hissene
    Habre.
        In 2008 the National Assembly and the Senate jointly amended the
    constitution to allow retroactive prosecution of genocide and crimes
    against humanity. These legal provisions lifted the last obstacles to
    the prosecution of Hissene Habre, who has lived in exile in the country
    for 20 years, on charges of torture and crimes against humanity.
    However, the Government continued to argue that Habre's prosecution
    could not take place without international donor funding. Donors worked
    with the Government to formulate a feasible budget and, on November 24,
    pledged approximately$11,350,000 to finance the trial. The African
    Union (AU) agreed to provide one million dollars to begin the trial.
        On June 24, the Court of Justice of the Economic Community of West
    African States (ECOWAS) examined charges brought by Habre's lawyers
    against Senegal. The lawyers argued that Senegal made its criminal laws
    retroactive for the sole purpose of prosecuting Habre and thus had
    violated his rights. The AU and the EU urged that the trial should
    proceed despite the ECOWAS' hearings.
        Death threats against leaders of opposition political parties,
    unions, journalists, NGOs, and senior officials were common and
    generally were believed to originate in circles close to the ruling
    party.
        Although the Government did not prevent visits by international
    organizations, no such visits were reported during the year.
    Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
        The constitution provides that men and women are equal under the
    law and prohibits all forms of discrimination. However, gender
    discrimination was widespread in practice, and antidiscrimination laws,
    in particular laws against violence against women and children, often
    were not enforced.
        On May 14, the National Assembly passed a law on parity that
    provides women equal access to all elected assemblies and management
    boards of totally or partially owned government companies.

        Women.--Rape was a widespread problem. Spousal rape remained
    difficult to quantify since it was a taboo subject and seldom reported.
    The law prohibits rape, but not spousal rape; however, the Government
    rarely enforced the law. Penalties against rape range from five to 10
    years' imprisonment. A women's rights NGO criticized the lack of rape
    shield laws; the law now allows the common practice of using a woman's
    sexual history to defend men accused of rape. Prosecutions for rape
    remained minimal since judges seldom had sufficient evidence that rape
    occurred, especially when rape happened within a family. It was common
    to settle rape cases out of court to avoid the publicity and costs
    associated with prosecution. The Ministry of Justice estimated in 2009
    that 47 percent of accused rapists go unpunished and are released
    without going to trial. According to a journalists' NGO, there were 400
    documented cases of rape and sexual abuse in 2009. However, almost 60
    percent of persons committing incest and rape were never brought to
    justice because of familial ties to the survivor.
        One successful prosecution involved 67-year-old Mody Cissoko, who
    raped his 13-year-old step-granddaughter on August 16 in the village of
    Keur Massar, a suburb of Dakar. He was arrested and, on October 14, was
    sentenced to 10 years in prison and fined one million CFA ($2,022).
        On August 26, journalist Pape Amadou Gaye, editor in chief of
    Courrier du Jour, was sentenced to two years' imprisonment and a fine
    of two million CFA ($4,044) for raping his female employee. The rape
    took place at the newspaper's headquarters in 2006.
        There were no further developments in the following 2009 rape
    cases: the March rape of a hotel employee, allegedly by her French
    manager; and the October rape of a 70-year-old woman by a serial
    rapist.
        Domestic violence, including spousal abuse, was a widespread
    problem. The Ministry of Justice is responsible for combating domestic
    violence. In September the Government created a Ministry of Human
    Rights, a junior ministry within the Ministry of Justice, tasked with
    preventing and monitoring all forms of human rights violations,
    including trafficking and violence against women and children. The
    ministry offered advice to victims on litigation, assisted with out-of-
    court settlements, conducted awareness campaigns, and offered an
    alternative means to file grievances for victims choosing not to pursue
    a court case. Several women's groups and the NGO CLVF reported a rise
    in violence against women during the year. The CLVF reported that
    domestic violence cases accounted for 65 percent of all reported cases
    of violence against women in 2009.
        Violence against women is against the law, but the law was not
    enforced. The law criminalizes assaults and provides for a punishment
    of one to five years in prison and a fine. If the victim is a woman,
    the prison term and fine are both increased. Domestic violence that
    causes lasting injuries is punishable with a prison sentence of 10 to
    20 years; if an act of domestic violence causes death, the law
    prescribes life imprisonment. The CLVF criticized the failure of some
    judges to apply the law, citing cases where judges claimed lack of
    adequate evidence as a reason to issue lenient sentences. CLVF also
    noted that the Government authorized civil society organizations to
    represent victims of trafficking in civil cases but continued to deny
    them the right to do so in rape cases. The media reported several cases
    of incest. Domestic violence against women is punishable by one to 10
    years in prison and fines ranging from 30,000 CFA ($60) to 500,000 CFA
    ($1,011), depending on the degree of maltreatment. When violence leads
    to death, the perpetrators are imprisoned for life with forced labor
    Police usually did not intervene in domestic disputes, and most victims
    were reluctant to go outside the family for redress. There were no
    statistics available on the number of abusers prosecuted under the law.
    Close, older family members often committed rape and pedophilia within
    the household, making it difficult for victims to file lawsuits.
        Organizations combating violence criticized the Government's
    failure to permit associations to bring suit on behalf of victims. The
    Ministry of Women, Family, Social Development, and Women's
    Entrepreneurship was responsible for ensuring the rights of women.
        According to the media, the Government-run Ginddi Center has since
    March 2009 provided shelter to 109 women and girls who were victims of
    rape or early marriage (including a case of incest and a case of an 11-
    year-old girl who was raped and became pregnant). In 2009, 10 women in
    the Louga area died from domestic violence according to the CLVF local
    branch in Louga.
        There were instances of sex tourism. For example, there were
    reports of European tourists in the Saly district of Mbour who sought
    these services.
        The law mandates prison terms of five months to three years and
    fines of 50,000 to 500,000 CFA ($101 to $1,011) for sexual harassment;
    however, the practice was common. The Government did not effectively
    enforce the law, and women's rights groups claimed victims of sexual
    harassment found it difficult, if not impossible, to present sufficient
    proof to secure prosecutions.
        The law provides for the right of all individuals to be informed
    about and to choose methods for spacing births. It also provides for
    the right to medical services for all women during pregnancy and to a
    safe delivery. The law considers the right to reproductive health to be
    a ``fundamental and universal right guaranteed to all individuals
    without discrimination.'' The law further provides that ``all couples
    and individuals have the right to freely decide to have children, to
    determine the number of children they wish, and the spacing of these
    children.''
        In practice poor medical facilities constrained these rights,
    particularly in rural areas and in some urban areas where lack of funds
    led to closing maternity wards and operating rooms. According to the
    Population Reference Bureau, approximately 51 percent of births were
    attended by skilled personnel. According to the UN Population Fund
    (UNFPA), the maternal mortality ratio (the ratio of the number of
    maternal deaths per 100,000 live births) was 410 in 2008. Social and
    cultural pressures to have large families reportedly led some husbands
    to ask health workers to terminate the use of contraceptives by their
    spouses. This reportedly led women to be discreet in the use of
    contraception. UNFPA estimated that 12 percent of all girls and women
    between the ages of 15 and 45 used some form of contraception. Men and
    women were diagnosed and treated equally for sexually transmitted
    diseases, including HIV. Women did not have difficulty being diagnosed
    for HIV or receiving antiretroviral treatment where available.
        Under national law, women have the right to choose when and whom
    they marry, but traditional practices restricted a woman's choice. The
    law prohibits marriage for girls younger than 16, although this law was
    not enforced in some communities where marriages were arranged. Under
    certain conditions, a judge may grant a special dispensation for
    marriage to a person below the age of consent. Women typically married
    young, usually by the age of 16 in rural areas.
        Women faced pervasive discrimination, especially in rural areas
    where traditional customs, including polygyny and discriminatory rules
    of inheritance, were strongest. The law requires a woman's approval of
    a polygynous union, but once in such a union, a woman neither needed be
    notified nor to give prior consent if the man took another wife.
    Approximately 50 percent of marriages were polygynous. Although
    protected under the law, marriage rights were not enforced due to
    sociocultural pressures and judicial reluctance to enforce the law.
        The family code's definition of paternal rights remained an
    obstacle to equality between men and women, as men are considered the
    head of household and women cannot take legal responsibility for their
    children. Women can become the legal head of household only when the
    father formally renounces his authority before the administration. This
    makes it particularly difficult for the 20 percent of families that
    women supported and led. However, it was possible for women to take
    charge of their children and husband, if he was medically unable to do
    so. Problems in traditional practices also made it difficult for women
    to purchase property in rural areas.
        Men and women have equal rights to apply for a job. Women
    represented 52 percent of the population, but they performed 90 percent
    of domestic work and 85 percent of agricultural work.

        Children.--Citizenship is acquired by birth or naturalization; only
    the father can transmit nationality. Children are not registered at
    birth unless a parent requests it be done, but failure to do so does
    not result in the denial of public service. In many rural areas,
    parents seldom registered births. The process of registering births
    only required a local judge to make a ruling based on oral testimonies.
        According to the National Agency for Statistics, as of July,
    approximately 20 percent of children were not registered at birth in
    the Dakar region, and the figures were even higher in rural areas. For
    example, in the regions of Diourbel and Tambacounda, 67 percent of
    children were not registered.
        The law provides for tuition-free education through the compulsory
    ages of six to 16; however, many children did not attend school due to
    lack of resources or available facilities. Students must pay for their
    own books, uniforms, and other school supplies. The historical gap in
    enrollment levels between boys and girls has been closed, and during
    the year there were more girls than boys enrolled in elementary
    education.
        Girls encountered greater difficulties in continuing in school,
    however. When families could not afford for all their children to
    attend school, parents tended to remove daughters rather than sons from
    school. As in neighboring countries, sexual harassment by school staff
    and early pregnancy were also likely causes of the departure of girls
    from school. In 2008 only 25 percent of women and girls over 15 years
    of age were literate, compared with 42 percent of boys and men. During
    the year, 44.1 percent of boys were enrolled in secondary education
    compared with 38.5 percent of girls.
        Child abuse was common. Poorly dressed, barefoot young boys, known
    as talibes, begged on street corners for food or money for themselves
    and their Qur'anic teachers, known as marabouts. Many of these children
    were exploited by their teachers and exposed to dangers. Physical abuse
    of talibes was widely reported. A 2008 joint study by the UN Children's
    Fund (UNICEF), the International Labor Organization (ILO), the World
    Bank, and a newly created NGO, the Partnership for the Withdrawal and
    Reinsertion of Street Children, identified an estimated 7,800 child
    beggars in the Dakar area. A report issued by Human Rights Watch in
    April estimated there were 50,000 child beggars in the country. Most
    were approximately 10 years old, although some as young as two years
    old were reported. In general they were undernourished and prone to
    sickness. Since they begged full time, they devoted almost no time to
    Qur'anic studies. They were forced to give the proceeds of their
    begging to their teachers. Each child was expected to collect an
    average of 400 CFA ($0.80) per day.
        During the year the Government began to enforce laws banning
    begging, and several Qur'anic school teachers were prosecuted for abuse
    and exploiting children for begging. For example, on June 29, Qur'anic
    school teacher Souleymane Ndiaye was sentenced to one year's
    imprisonment for mistreating two of his young students. He had severely
    beaten them, causing wounds on their backs, because the children had
    failed to meet his daily begging income quota.
        On September 8, seven Qur'anic teachers were sentenced to six
    months' imprisonment with a suspended sentence and five years
    probation, and each one was fined 100,000 CFA ($202). On September 13,
    two additional marabouts were sentenced to one month of imprisonment
    and five years probation.
        The law punishes sexual abusers of children with five to 10 years'
    imprisonment. If the offender is a family member, however, the
    punishment is 10 years' imprisonment. Any offense against the decency
    of a child is punishable by imprisonment for two to five years and in
    certain aggravated cases up to 10 years. Procuring a minor for
    prostitution is punishable by imprisonment for two to five years and a
    fine of 300,000 to four million CFA ($606 to $8,088). If the crime
    involves a victim younger than 13, the maximum penalty is applied.
    However, the law was not effectively enforced in general.
        Rape of children was a problem. The director charged with
    protection of children's rights reported an estimated 400 cases of rape
    during 2006-07; however, this figure greatly underestimated the
    reality. No recent data was available.
        During the year the Regional Child Protection Service of Sedhiou
    reported that 144 students became pregnant in the last two years,
    allegedly after having sex with their teachers. While details on
    individual cases were unavailable, the unequal power relationship
    between teachers and student suggests that most cases involved at least
    some element of coercion or even force. Local academic authorities
    estimated that teachers were responsible for 40 per cent of students'
    pregnancies in the area.
        On June 15, Imam Serigne Seck Ndiaye from Medina in Rufisque was
    accused of pedophilia and sodomy of S. Dia, a 15-year-old boy. The imam
    was arrested but, on August 6, charges were dropped by a judge for lack
    of sufficient evidence, despite media and investigative reports to the
    contrary.
        On September 8, Mamadou Danfakha was arrested for rape, pedophilia,
    and sodomy of several children between five and 11 in the area of
    Guediawaye. Danfakha confessed that he did not know the exact number of
    his victims but was able to identify five of them. However, only two
    families agreed to press charges while the others refrained for fear of
    humiliation. In October Danfakha was sentenced to 10 years in prison
    for the rapes of an eight-year-old boy and a 10-year-old boy.
        On September 27, a nine-year-old Qur'anic school student was raped
    by a man who escaped without being identified. Four other cases of
    rapes of Qur'anic students were reported in the same area during the
    year. No arrests had been made for any of these rapes by year's end.
        In February Ibrahim Ly was sentenced to seven years in prison for
    the April 2009 rape of his 14-year-old niece, which resulted in her
    pregnancy.
        Due to social pressures and fear of embarrassment, incest remained
    taboo and often went unreported and unpunished. A women's rights NGO
    stated that, of all cases of violence committed against girls, paternal
    incest was increasing the fastest.
        Female genital mutilation (FGM) was practiced widely throughout the
    country, but Tostan and UNICEF stated efforts to curtail the practice
    continued to have a significant effect. Some girls were as young as one
    year old when FGM was performed on them. Almost all women in the
    country's northern Fouta region were FGM victims, as were 60 to 70
    percent of women in the South and Southeast. Sealing, one of the most
    extreme and dangerous forms of FGM, was sometimes practiced by the
    Toucouleur, Mandinka, Soninke, Peul, and Bambara ethnicities,
    particularly in rural and some urban areas. The most recent figures
    from UNICEF estimated that from 1997 to 2007, approximately 28 percent
    of women between the ages of 15 and 49 had been subjected to FGM, and
    20 percent of these women were estimated to have at least one daughter
    who had been subjected to FGM.
        FGM is a criminal offense under the law, carrying a prison sentence
    of six months to five years for those directly practicing it or
    ordering it to be carried out on a third person. However, many persons
    still practiced FGM openly and with impunity. The Government prosecuted
    those caught engaging in the practice and sought to end FGM by
    collaborating with Tostan and other groups to educate persons about its
    inherent dangers.
        Tostan reported that 4,183 out of an estimated 5,000 communities
    had formally abandoned the practice by year's end. According to Tostan,
    the movement to abandon FGM accelerated, with 70 percent of previously
    FGM-practicing communities in the country ending the harmful practice.
    The Government adopted the Tostan model and approach to eradicating
    FGM. Tostan was working with 522 villages and aimed to end FGM
    completely by 2015.
        Officials from the Ministry of Women, Family, Social Development,
    and Women's Entrepreneurship and women's rights groups stated that
    child marriage was a significant problem in parts of the country,
    particularly in rural areas, although child marriage is against the
    law. Girls, sometimes as young as nine, were married to older men due
    to religious, economic, and cultural reasons.
        Women's rights groups highlighted infanticide, usually due to
    poverty or embarrassment, as a continuing problem. Domestic workers or
    women from villages working in cities who became pregnant sometimes
    killed their babies since they could not care for them. Others, who
    were married to men working outside the country, killed their infants
    out of shame. In some cases, the families of the women shamed them into
    killing their own babies. Methods ranged from burying them alive,
    putting them in septic tanks, or simply abandoning them along the road.
    When the identity of the mother was discovered, the police arrested and
    prosecuted her.
        Many children displaced by the Casamance conflict often lived with
    extended family members, neighbors, in children's homes, or on the
    streets. The Government lacked adequate resources to support these
    children effectively. According to NGOs in Casamance, displaced
    children suffered from the psychological effects of conflict,
    malnutrition, and poor health.
        While prostitution is legal, procuring a minor for prostitution is
    punishable by imprisonment for two to five years and a fine of 300,000
    to four million CFA ($606 to $8,088).
        Pornography is prohibited and pornography involving children under
    the age of 16 is considered pedophilia. Sentences for pedophilia range
    from five to 10 years' imprisonment. The maximum penalty is applied if
    the perpetrator is a parent or has authority over the minor.
        The country is not a party to the 1980 Hague Convention on the
    Civil Aspects of International Child Abduction. For information on
    international child abduction, please see the Department of State's
    annual report on compliance at http://www.travel.state.gov/abduction/
    resources/congressreport/congressreport--4308.html.

        Anti-Semitism.--There were approximately 50 resident Jews in the
    country; there were no reports of anti-Semitic acts.

        Trafficking in Persons.--For information on trafficking in persons,
    please see the Department of State's annual Trafficking in Persons
    Report at www.state.gov/g/tip

        Persons With Disabilities.--The law prohibits discrimination
    against persons with disabilities in employment, education, access to
    health care, and the provision of other state services, and the
    Government somewhat effectively enforced it. The law also mandates
    accessibility for persons with disabilities; however, there was a lack
    of infrastructure to assist them. The Ministry of National Solidarity
    is responsible for protecting the rights of persons with disabilities.
        The law reserves 15 percent of new civil service positions for
    persons with disabilities. However, according to the Senegalese
    National Association of People with Physical Disabilities, as of year's
    end, the Government had not issued an executive decree required to make
    the law operational. The Government operated schools for children with
    disabilities, provided grants for persons with disabilities to receive
    vocational training, and managed regional centers for persons with
    disabilities to receive training and funding for establishing
    businesses.
        Several government programs that appeared to be earmarked for
    persons with disabilities offered services to other vulnerable
    populations, reducing resources for persons with disabilities. Due to a
    lack of special education training for teachers and facilities
    accessible to children with disabilities, only 40 percent of such
    children were enrolled in primary school.
        On May 26, the National Assembly passed a law to protect the rights
    of persons with disabilities. The law offers more possibilities for
    persons with disabilities to seek legal redress in case of
    discrimination. It also grants rights in education, health, access to
    public buildings, and employment. The Government has submitted three
    decrees relating to the establishment of commissions on special
    education, equal opportunity, and financial support; these are
    necessary for the provisions of the law to take effect. A fourth decree
    concerning the establishment of a high commissioner for the rights of
    persons with disabilities was pending at year's end.

        National/Racial/Ethnic Minorities.--While the country's many ethnic
    groups have coexisted relatively peacefully, interethnic tensions
    between the Wolof and southern ethnic groups played a significant role
    in the long-running Casamance rebellion that was characterized by
    grievous human rights abuses.

        Societal Abuses, Discrimination, and Acts of Violence Based on
    Sexual Orientation and Gender Identity.--Homosexual activity, which is
    indirectly referred to in the law as ``unnatural sexual intercourse,''
    is a criminal offense. In the recent past, gays, lesbians, bisexual,
    and transgender (LGBT) persons have often faced criminal prosecution
    and widespread discrimination, social intolerance, and acts of
    violence.
        Unlike the previous year, the media did not report acts of hatred
    or violence against LGBT persons. On November 30, Human Rights Watch
    released a report entitled Fear of Life: Violence against Gay Men and
    Men Perceived as Gay in Senegal. The report discussed cases of violence
    against gay men and the legal and cultural milieu that fosters such
    violence. While the cases cited in the report were from 2009 and
    earlier, NGO observers speculated that the drop in cases during the
    year was due to several factors. First, past violence against gays and
    lesbians may have caused many gay men in the country to go underground.
    Second, increased international attention may have caused the
    Government to curtail prosecutions and other official discrimination.
    Finally, successful legal challenges to the law used to prosecute
    homosexuality may have helped curtail its use by prosecutors.

        Other Societal Violence or Discrimination.--As a result of both
    government and NGO HIV/AIDS awareness campaigns, persons with HIV or
    AIDS were increasingly accepted in society.
        On February 16, the National Assembly passed a law to protect
    persons with HIV/AIDS against all forms of discrimination. The law also
    allows medical doctors to inform spouses of persons with HIV/AIDS of
    their partners' status if the latter fail to do so after a reasonable
    time.
        While there was no reported discrimination against persons with
    albinism, many suffered and died due to lack of skin care medication.
    The Senegalese National Albino Association provides a forum for persons
    with albinism to discuss their difficulties. It also provides job
    training and therapeutic activities, but lacked the funding to be
    successful.
    Section 7. Worker Rights

        a. The Right of Association.--By law all workers, except security
    forces, including police and gendarmes, customs officers, and judges,
    are free to form and join unions, and workers exercised this right in
    practice. However, the labor code requires the Ministry of Interior to
    give prior authorization before a trade union can exist legally. The
    Government can also dissolve and disband trade unions by administrative
    order, but did not do so during the year. The labor code does not apply
    to the agricultural or informal sectors, and thus excludes the majority
    of the workforce. According to the International Monetary Fund, the
    overall labor force participation rate was estimated at 43 percent in
    2009. The formal sector employed 214,700 in 2006, approximately 6
    percent of the total number of jobs, versus 3,422,700 persons in the
    informal sector. Approximately 4 percent of the workforce was employed
    in the private industrial sector, of which 40 to 50 percent belonged to
    unions. Within the employed workforce in Dakar, 7 percent worked in the
    public sector, 10 percent worked in the formal private sector, and 83
    percent worked in the private informal sector.
        Antiunion sentiment within the Government is strong. Trade
    unionists were reportedly frequently subjected to harassment. In
    addition the ILO has raised questions regarding the country's full
    adherence to worker rights, particularly, the rights of association.
        The law provides for the right to strike; however, certain
    regulations restricted this right in practice. The constitution
    seriously undermines the right to strike by stipulating that a strike
    must not infringe on the freedom to work or jeopardize an enterprise.
    The law states that workplaces may not be occupied during a strike.
    Unions representing members of the civil service must notify the
    Government of their intent to strike at least one month in advance;
    private sector unions must notify the Government three days in advance.
    This right is further restricted by the authorities' power to
    requisition workers to replace those on strike. Transportation, health,
    labor inspectors, bakers, telecommunication workers, and waste
    collection workers staged several strikes during the year.

        b. The Right to Organize and Bargain Collectively.--In theory the
    law allows unions to conduct their activities without interference;
    however, in practice the Government did not effectively protect this
    right. The law also provides for the right to collective bargaining,
    although collective bargaining agreements only applied to an estimated
    44 percent of union workers.
        Antiunion discrimination is prohibited by law, and there were no
    confirmed reports of antiunion discrimination activities during the
    year.
        There are no special laws or exemptions from regular labor laws in
    the country's single export processing zone.

        c. Prohibition of Forced or Compulsory Labor.--The law prohibits
    forced or compulsory labor, including by children; however, such
    practices occurred (see section 7.d.). Also see the Department of
    State's annual Trafficking in Persons Report at https//www.state.gov/g/
    tip.

        d. Prohibition of Child Labor and Minimum Age for Employment.--The
    law bans the exploitation of child labor. Regulations on child labor
    set the minimum working age, working hours, and working conditions and
    prohibited children from performing particularly dangerous jobs.
    However, child labor was a problem, including in the gold mining
    sector, and most instances occurred in the informal economy where labor
    regulations were not enforced. Economic pressures and inadequate
    educational opportunities often pushed rural families to emphasize
    labor over education for their children.
        The minimum age for employment is 15; however, children under the
    age of 15 continued to work in sectors such as agriculture, mining, and
    fishing, particularly in rural areas where there was no enforcement of
    child labor laws. There were also reports of children working on family
    farms or herding cattle. Children also worked as domestics, in
    tailoring shops, as garage mechanics, in metal and wood working shops,
    and in other areas of the informal economy, such as fruit and vegetable
    stands. Labor laws prohibiting child labor were largely unenforced due
    to lack of resources and of political will. For example, the Ministry
    of Labor sends investigators to investigate formal work places.
    However, they are not trained to deal with child labor problems, and
    much of the child labor abuses take place in the informal economy,
    where there are no inspections. While there is a Child Labor Division
    in the Ministry of Labor, the office only has two employees and few
    resources. In addition, in August the Ministry of Justice announced the
    formation of an office to combat the mistreatment of women and
    children. The office is to function as a coordinator of efforts among
    the various governmental agencies, to combat, among other things,
    forced child labor. The office is also charged with producing an annual
    report on child labor issues. However, the office received no funding
    for 2011.
        In August 2008 (the most recent year for which such data was
    available), a national child labor survey published by the National
    Agency of Demography and Statistics measured the economic activities of
    children during the prior 12 months. According to the survey, 1,378,724
    of the country's 3,759,074 children between the ages of five and 17
    worked. Child labor was especially common in the regions of
    Tambacounda, Louga, and Fatick. Child labor was prevalent in many
    informal and family-based sectors such as agriculture (that is, millet,
    corn, and peanuts), fishing, artisanal gold mining, garages, dumpsites,
    slaughter houses, production of salt, and metal and woodworking shops.
    Child labor was not common or reported to be a problem within large
    scale companies.
        Many religious instructors in Qur'anic schools brought young boys
    from rural villages to urban areas and held them under conditions of
    servitude, forcing them to beg on a daily basis in unsanitary and
    dangerous conditions or to work in the agriculture sector under the
    threat of physical punishment. Talibe occasionally work in small-scale
    agriculture and are used to harvest cashews, mangoes, and oranges. In
    the Casamance region, talibe working in the fields are exposed to
    landmines left from the war.
        One of the worst cases of child labor was in the mining and rock
    quarry sector. Child gold washers, mostly between the ages of 10 and
    14, worked approximately eight hours a day without training or
    protective equipment. Children worked long hours in rock quarries,
    crushing rock, and carrying heavy loads without protection. Both types
    of work resulted in serious accidents and long-term illness. The NGO La
    Lumiere reported an increase in children working in gold mines in the
    Kedougou area during the year due to an increase in the price of gold.
        According to a 2007 government survey, 90 percent of children in
    Kaolack, Fatick, and Ziguinchor carry out tasks detrimental to their
    health and education. The study also found that 75 percent of girls
    were responsible for domestic chores, leading many to leave school.
        Inspectors from the Ministry of Labor are charged with
    investigating and initiating lawsuits in child labor cases.
    Investigators from the Ministry of Labor can visit any institution
    during work hours to verify and investigate compliance with labor laws
    and can act on tips from trade unions or ordinary citizens. In practice
    inspectors did not initiate visits to investigate child labor
    violations because they lack adequate funding and training expertise to
    handle child labor cases. There was no specific system in place to
    report child labor violations largely due to inadequate funding of the
    Child Labor Office and the Ministry of Labor. Instead the ministry
    relies on unions to report violators. In the small formal wage sector,
    which includes state-owned corporations, large private enterprises, and
    cooperatives, child labor is not commonly a problem. There were no
    statistics available on the number of child labor violations for the
    reporting year.
        The Government has raised awareness of the dangers of child labor
    and exploitive begging through seminars with local officials, NGOs, and
    civil society. The Government also participated in an ILO project to
    combat child labor. The Government was implementing the Child Labor
    Plan, which focuses on better management of child labor issues.
        To reduce the incidence of exploitive begging, the Ministry of
    Women, Family, Social Development, and Women's Entrepreneurship
    implemented a program to help support 48 Qur'anic schools whose
    teachers do not force their students to engage in begging. The Ministry
    of Education provided funds to schools operated by religious
    institutions that meet national education standards. During the year 40
    new elementary schools were opened throughout the country; 10 middle
    schools were also established. These schools were bilingual, teaching
    in French and Arabic. This program has removed thousands of children
    from street begging and exploitation. The Ministry of Education also
    worked on a secular curriculum for use in Qur'anic schools.
        Also see the Department of State's annual Trafficking in Persons
    Report at https//www.state.gov/g/tip.

        e. Acceptable Conditions of Work.--The national minimum wage was
    209 CFA ($0.42) per hour, which did not provide a decent standard of
    living for a worker and family. The Ministry of Labor was responsible
    for enforcing the minimum wage. Labor unions also acted as watchdogs
    and contributed to effective implementation of the minimum wage in the
    formal sector. The minimum wage was not respected in the informal
    sector, especially for domestic workers. The minimum wage provisions
    apply to foreign and migrant workers as well.
        Within the formal sector, the law mandates for most occupations a
    standard workweek of 40 to 48 hours with at least one 24-hour rest
    period, one month per year of annual leave, enrollment in government
    social security and retirement plans, safety standards, and other
    measures; however, enforcement was irregular. The law does not cover
    the informal sector. Premium pay for overtime was required in the
    formal sector.
        While legal regulations on workplace safety exist, they often were
    not enforced. There is no explicit legal protection for workers who
    file complaints about unsafe working conditions. Workers, including
    foreign or migrant workers, had the nominal right to remove themselves
    from situations that endangered health or safety without jeopardy to
    their employment; however, it was seldom exercised due to high
    unemployment and a slow legal system. The Ministry of Labor, through
    the Labor Inspection Office, enforced labor standards. However, labor
    inspectors had very poor working conditions and lacked transportation
    to conduct their mission effectively.

                                   __________

                                   SEYCHELLES

        Seychelles is a multiparty republic of approximately 87,000
    citizens. In 2006 voters elected President James Michel, who assumed
    power in 2004 when former president France Albert Rene resigned.
    International observers deemed the process credible, although there
    were complaints of unfair campaign practices. The president and the
    People's Party, formerly the Seychelles People's Progressive Front
    (SPPF), dominated the country through a pervasive system of political
    patronage and control over government jobs, contracts, and resources.
    Security forces reported to civilian authorities.
        The following human rights problems were reported: poor prison
    conditions; prolonged pretrial detention; an inefficient and
    politically influenced court system; restrictions on speech and press;
    official corruption; violence against women and children; violations of
    and restrictions on labor rights; and discrimination against foreign
    workers.
                            respect for human rights
    Section 1. Respect for the Integrity of the Person, Including Freedom
            From:

        a. Arbitrary or Unlawful Deprivation of Life.--There were no
    reports that the Government or its agents committed arbitrary or
    unlawful killings.
        Two police officers were suspended from duty and charged with
    manslaughter in the July 2009 case of a man found dead in a cell while
    in police custody. The case remained before the Supreme Court pending
    judgment.

        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
    unlike in the previous year, there were no reports of inhumane
    treatment of detainees by police and prison officers.

        Prison and Detention Center Conditions.--Montagne Posee Prison, the
    country's only prison, did not meet international standards, and
    conditions were poor, although improvements were made during the year.
    Most prisoners still relied on their relatives for the provision of
    food, drinks, toiletries, and medication, according to a July 22 report
    in the newspaper Le Nouveau Seychelles Weekly. Sanitation and hygiene
    were poor. On February 17, the Seychelles Nation newspaper reported
    that prisoners submitted a petition to prison authorities asking for a
    more balanced diet, visits from relatives, daily exercise in the open
    air, proper hygiene and sanitation, and the right to take goods from
    family members at the court. By year's end prisoners were allowed daily
    exercise and access to visitors, and a full-time doctor and nurse were
    on staff to provide medical treatment and oversee dietary needs.
        Approximately 95 percent of prisoners were Catholic, and prison
    authorities allowed religious observance. Prison authorities also
    provided Muslim Somali pirates being held in Montagne Posee Prison
    access to imams and permitted daily prayers and religious celebrations,
    such as Ramadan. Prison authorities allowed prisoners and detainees to
    submit complaints to relevant authorities and request investigation of
    credible allegations of inhumane conditions. The Government
    investigated complaints on a case-by-case basis and monitored prison
    conditions regularly.
        Unlike in the previous year, there were no reports that dogs
    brought in by private security guards to assist prison guards bit
    prisoners. An investigation by the National Human Rights Commission
    (NHRC) found that in March 2009 several prisoners were bitten, some of
    whom were hospitalized, by dogs not appropriately muzzled or controlled
    by private security guards hired to support prison guards.
        As of November 17, there were 404 male prisoners, including 294
    convicted prisoners and 110 remand prisoners; 28 female prisoners were
    held in a separate women's wing. Unlike in the previous year, juveniles
    were not held with adult prisoners.
        The Government generally permitted independent monitoring of prison
    conditions by local and international human rights groups. During the
    year the International Committee of the Red Cross (ICRC) did not make
    any requests for prison visits.
        An ombudsman may make recommendations to the National Assembly and
    the president to improve conditions on behalf of prisoners and
    detainees; however, the ombudsman had no power to enforce such
    recommendations. The ombudsman generally makes an annual public report
    of the year's cases and actions, but the report for 2010 had not been
    published by year's end.
        During the year prison authorities implemented the following 2009
    recommendations made by the NHRC: termination of private guard services
    in the prison; removal of dog handlers within the prison; separation of
    remand and convicted inmates; construction of a recreational area for
    inmates; and improvement of sanitation conditions. In partnership with
    the UN Office of Drugs and Crime (UNODC), the Government also provided
    training for prison guards in tradecraft, leadership, fire safety, and
    emergency response.

        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 president has
    complete control over the security apparatus, which includes the
    National Guard, the Seychelles People's Defense Forces (SPDF), the
    Presidential Protection Unit, the Coast Guard, and the police. The
    police commissioner, who reports directly to the minister for Home
    Affairs, Environment and Transport, commands the unarmed police and the
    armed paramilitary Police Mobile Unit, which together have primary
    responsibility for internal security. When necessary, the SPDF assisted
    police on matters of internal security.
        Corruption remained a problem. Although observance of human rights
    was included as a core precept in officer training, such training was
    limited.

        Arrest Procedures and Treatment While in Detention.--Although the
    law requires warrants, police made some arrests and detentions without
    one. The constitution and law also provide for detention without charge
    for up to seven days if authorized by court order. Persons arrested
    must be brought before a magistrate within 24 hours, with allowances
    for boat travel from distant islands; however, police did not always
    respect this requirement. The law provides that detainees be promptly
    notified of charges against them and allowed prompt access to family
    members; however, there were cases in which these rights were not
    respected. Detainees have the right to legal counsel, and free counsel
    was usually provided to indigent persons. Courts provided bail for most
    offenses.
        The constitution provides that remand prisoners be released after
    six months of detention if their case has not been heard within that
    period; however, prolonged pretrial detention was a problem. Prisoners
    often waited more than three years for trial or sentencing due to the
    inefficiency of the judicial system. Approximately 27 percent of the
    prison population consisted of pretrial detainees.

        e. Denial of Fair Public Trial.--The constitution and law provide
    for an independent judiciary; however, the judiciary was inefficient
    and subject to executive influence. Both civil and criminal court cases
    generally lasted years. There were no reports of judicial corruption,
    although there was a widespread public perception that some judges were
    corrupt.
        One Supreme Court judge, one appeals court judge, and two
    magistrate court judges were citizens by birth. There were allegations
    that many of the justices were appointed because of their affiliation
    with the People's Party. All other justices were either naturalized
    citizens or citizens of other Commonwealth countries. There were
    reports that the executive branch interfered in the recruitment of
    foreign justices, who sometimes were hesitant to rule against the
    executive branch for fear of losing their jobs.
        An 18-member part-time family tribunal heard and decided all
    matters relating to the care, custody, access to, and maintenance of
    children, except paternity cases, which remained under the courts. Most
    members of the tribunal were not legally trained and were affiliated
    with the People's Party.

        Trial Procedures.--Defendants have the right to a fair public
    trial, are considered innocent until proven guilty, and have the right
    to be present at their trial and to appeal. Cases involving murder or
    treason used juries. The constitution makes provision for defendants to
    present evidence and witnesses and to cross-examine witnesses in court.
    Defendants have the right to access government-held evidence; however,
    in practice such requests were often delayed. The law provides for
    defendants to consult with an attorney in a timely manner. The law
    extends the above rights to all citizens.

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

        Civil Judicial Procedures and Remedies.--The constitution and law
    provide for an independent and impartial judiciary in civil matters;
    however, case backlogs impeded judicial efficiency. UNODC funding was
    used to provide judges with best practices training for case-flow
    management to decrease the backlog. The NHRC recommended cases for
    prosecution as well as out-of-court settlements.

        f. Arbitrary Interference With Privacy, Family, Home, or
    Correspondence.--The constitution and law prohibit such actions, and
    the Government generally respected these prohibitions in practice.
    However, there remained widespread suspicion of government monitoring
    of private communication without legal process.
    Section 2. Respect for Civil Liberties, Including:

        a. Freedom of Speech and Press.--The constitution and law provide
    for freedom of speech and of the press; however, the Government did not
    respect these rights in practice. Journalists practiced self-
    censorship.
        Individuals who criticized the Government publicly or privately
    sometimes suffered reprisals.
        The Government ran a daily newspaper and the national television
    and radio station. There was one privately owned daily newspaper and
    three political party weeklies.
        The Government owned the only television station and all radio
    stations. The law allows for independent radio and television, but the
    licensing fee of 800,000 rupees ($64,000) per year discouraged the
    opening of any independent broadcasters. Political parties and
    religious groups were prohibited from obtaining radio licenses. The law
    allows the minister of information technology to prohibit the broadcast
    of any material believed to be objectionable or against the national
    interest. The law also requires telecommunications companies to submit
    subscriber information to the Government. The law was not invoked
    during the year.
        The law provides restrictions ``for protecting the reputation,
    rights, and freedoms of private lives of persons'' and ``in the
    interest of defense, public safety, public order, public morality, or
    public health.'' As a result, civil lawsuits could be filed to penalize
    journalists for alleged libel.
        For example, on July 23, a cabinet minister filed a libel suit
    against Regar newspaper for publishing allegations in June regarding a
    conflict of interest in a land sale. On July 24, police searched the
    house of Regar's publishing director. A trial was pending at year's
    end.

        Internet Freedom.--Opposition activists claimed that the Government
    blocked access to their party Web sites. There also were reports that
    the Government monitored e-mail and Internet chat rooms. According to
    International Telecommunication Union statistics for 2009,
    approximately 40 percent of the country's inhabitants used the
    Internet.

        Academic Freedom and Cultural Events.--Opposition activists claimed
    that the Government limited academic freedom by reportedly preventing
    academic professionals from reaching senior positions in academia
    unless they demonstrated at least nominal loyalty to the People's
    Party. The Government controlled faculty appointments to the
    Polytechnic and the University of Seychelles.

        b. Freedom of Peaceful Assembly and Association.--Freedom of
    Assembly.--The constitution and law provide for freedom of assembly and
    association, and unlike in the previous year, there were no reports
    that the Government infringed on that right during the year.

        Freedom of Association.--The constitution and law provide for
    freedom of association; however, civil servants allegedly refrained
    from participating in opposition party activities for fear of political
    reprisal. Unlike in previous years, there were no complaints that
    government officials intimidated or dismissed civil servants who
    participated in opposition party activities.

        c. Freedom of Religion.--For a complete description of religious
    freedom, please see the 2010 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 allows the Government to deny passports to any
    citizen if the minister of defense finds that such denial is ``in the
    national interest''; however, this law was not invoked during the year.
        The law prohibits the forced exile of citizens, and the Government
    did not use forced exile in practice.

        Protection of Refugees.--The country's laws provide for the
    granting of asylum or refugee status; 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
    on account of their race, religion, nationality, membership in a
    particular group, or political opinion.
    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.--International observers
    found credible the 2007 National Assembly elections, which retained the
    balance of power between the ruling People's Party (formerly the SPPF)
    and the opposition Seychelles National Party (SNP). Minor complaints of
    electoral irregularities were filed with the electoral commissioner.
        In 2006 approximately 88 percent of eligible voters elected
    incumbent SPPF presidential candidate James Michel with 54 percent of
    the vote. International observers characterized the electoral process
    as credible and well organized; however, opposition members filed
    complaints with the electoral commissioner's office regarding unfair
    campaign and electoral practices.
        There were reports that opposition parties could not operate
    without restrictions or outside interference; however, unlike in the
    previous year, there were no reports that police denied opposition
    parties permission to hold public meetings.
        The People's Party, which assumed power in a 1977 coup, continued
    to use its political resources and those of the Government to develop
    and maintain a nationwide organization that extended to the village
    level.
        There were reports that People's Party membership conferred
    business and political advantage. For example, some members of
    opposition parties claimed that they lost their government jobs because
    of their political affiliation and were at a disadvantage when applying
    for government licenses and loans.
        There were 10 women in the 34-seat National Assembly, seven elected
    by direct election and three by proportional representation. There were
    two women in the cabinet.
    Section 4. Official Corruption and Government Transparency
        The law provides criminal penalties for official corruption;
    however, the Government did not always implement the law effectively,
    and officials sometimes engaged in corrupt practices with impunity. The
    World Bank's 2009 Worldwide Governance Indicators reflected that
    corruption was a problem.
        Police corruption remained a problem; however, the Enquiry Board, a
    police complaint office, was rarely used. In practice private attorneys
    filed complaints or published them in opposition-party newspapers Regar
    and Le Nouveau Seychelles Weekly.
        Public officials were subject to financial disclosure laws upon
    taking office; however, there were no reports that such disclosures
    occurred in practice.
        The ombudsman has legal authority to investigate and report on
    allegations of official fraud and corruption. Unlike in the previous
    year, no information was available on the number or type of
    investigations conducted during the year.
        There are laws allowing public access to government information;
    however, the Government did not enforce them, and citizens generally
    had no access to such information.
    Section 5. Governmental Attitude Regarding International and
            Nongovernmental Investigation of Alleged Violations of Human
            Rights
        A small number of international human rights nongovernmental
    organizations (NGOs) and one domestic human rights group, the Center
    for Rights and Development (CEFRAD), generally operated without
    government restriction, investigating and publishing their findings on
    human rights cases. Government officials were generally cooperative and
    responsive to the views of international NGOs; however, cooperation
    with CEFRAD, which was perceived as aligned with the opposition, was
    limited. For example, the Government refused to permit CEFRAD and other
    local groups to observe the 2006 presidential election or the 2007
    legislative elections.
        The Government-run National Humanitarian Affairs Committee (NHAC)
    had members from civil society as well as government. The ICRC acted as
    a technical adviser to the NHAC. The NHRC, which was established in
    March 2009, investigated allegations of human rights abuse, including
    those committed by members of law enforcement agencies. The commission
    operated without government or party interference, had adequate
    resources, and was considered effective.
    Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
        The constitution and law affirm the right to be free from all types
    of discrimination but do not prohibit discrimination based on specific
    factors. In practice there was no overt discrimination in housing,
    employment, education, or other social services based on race, gender,
    ethnicity, nationality, or disability.

        Women.--Rape, spousal rape, and domestic abuse are criminal
    offenses punishable by a maximum of 20 years' imprisonment. Rape was a
    problem. The police registered 25 rape cases for the year; however,
    many rape cases went unreported for fear of reprisal or social stigma.
    Two rape cases were prosecuted during the year, and one case remained
    under investigation. The Social Affairs Division of the Ministry of
    Health and Social Development and the local NGO Women in Action and
    Solidarity Organization (WASO) provided counseling to eight rape
    victims during the year.
        Domestic violence against women was a problem. Police rarely
    intervened in a domestic dispute unless it involved a weapon or major
    assault. Authorities often dismissed the few cases that reached a
    prosecutor, and the court generally ordered light sentences for
    perpetrators. The Family Tribunal issued 466 protection orders related
    to domestic violence during the year.
        In 2008 the Ministry of Health and Social Development launched the
    2008-12 National Strategy Plan on Domestic Violence. From November 24
    to December 10, the Ministry for Social Development and Culture
    organized 16 days of activism against gender violence and launched the
    local UNiTE campaign against domestic violence. GEM Plus, a local NGO
    that promotes awareness of domestic violence, organized three regional
    workshops and was invited to participate in various media programs for
    the empowerment of women.
        The law prohibits sexual harassment; however, enforcement was rare.
    The penal code provides no penalty for sexual harassment, although the
    court can order a person accused of such conduct to ``keep a bond of
    peace,'' which allows the court to assess a fine if the harasser fails
    to cease the harassment.
        The Government recognized the right of couples and individuals to
    decide freely and responsibly the number, spacing, and timing of their
    children. Health clinics and local health NGOs were permitted to
    operate freely in disseminating information on family planning under
    the guidance of the Ministry of Health and Social Development. There
    were no restrictions on the right to access contraceptives, but few
    couples reportedly used these measures. The Government provided free
    childbirth services; however, women traditionally preferred using
    nurses or midwives during childbirth as well as for prenatal and
    postnatal care, unless the mother or child suffered serious health
    complications. Men and women received equal access to diagnosis and
    treatment for sexually transmitted infections, including HIV. There
    were no legal, social, cultural, or other barriers that limited access
    to these services.
        Women enjoyed the same rights as men, and the society was largely
    matriarchal. Unwed mothers were the societal norm, and the law requires
    fathers to support their children. There was no officially sanctioned
    discrimination in employment, and women were well represented in
    business. There was no economic discrimination against women in
    employment, access to credit, equal pay for equal work, or owning or
    managing a business. Inheritance laws do not discriminate against
    women.

        Children.--Citizenship is derived by birth in the country or from
    parents, and births were generally registered immediately. Failure to
    do so, however, did not result in the denial of public service.
        The law prohibits physical abuse of children; however, child abuse
    was a problem. Sexual abuse of children, usually perpetrated by
    stepfathers and older brothers, also occurred. According to WASO, most
    cases of rape of girls under the age of 15 went unreported for fear of
    reprisal or cultural stigma. Authorities prosecuted very few child-
    abuse cases in court due to lack of efficient working relations between
    government agencies and departments. The strongest public advocate for
    young victims was a semiautonomous agency, the National Council for
    Children.
        The age of consent for marriage is 15 years. Girls were not allowed
    to attend school when they were pregnant, and many did not return to
    school after the birth of a child.
        In April 2009 the Seychelles Nation reported that the local NGO
    Young Soldiers for Christ had observed an increase in prostitution and
    suggested that some youth may have resorted to prostitution as a result
    of an economic downturn.
        Seychelles is a party to the 1980 Hague Convention on the Civil
    Aspects of International Child Abduction. For information on
    international parental child abduction, please see the Department of
    State's annual report on compliance at http://travel.state.gov/
    abduction/resources/congressreport/congressreport--4308.html.

        Anti-Semitism.--The Jewish community numbered fewer than 10
    persons, and there were no reports of anti-Semitic acts.

        Trafficking in Persons.--In 2009 there were no confirmed reports
    that persons were trafficked to, from, or within the country.

        Persons With Disabilities.--The constitution and law provide for
    the right of persons with disabilities to special protection, including
    reasonable provisions for improving the quality of life; however, there
    are no laws providing for access to public buildings, transportation,
    or state services, and the Government did not provide such access for
    persons with disabilities. There was no discrimination reported against
    persons with disabilities in housing, employment, education, or in the
    provision of other state services. The National Council for Disabled, a
    government agency under the Ministry of Social Development and Culture,
    developed work placement programs for persons with disabilities.

        Societal Abuses, Discrimination, and Acts of Violence Based on
    Sexual Orientation and Gender Identity.--The law does not specifically
    prohibit discrimination based on sexual orientation, and there were no
    reports that such discrimination occurred.

        Other Societal Violence or Discrimination.--There were no reports
    of violence or discrimination against persons with HIV/AIDS.
    Section 7. Worker Rights

        a. The Right of Association.--The law provides workers with the
    right to form and join unions of their choosing; however, police,
    military, prison, and firefighting personnel may not unionize. The law
    is silent regarding the rights of foreign or migrant workers to join a
    union. Unions organized between 15 and 20 percent of the workforce.
        The SNP-associated Seychelles National Trade Union (SNTU) ceased
    operations in 2007; the SNTU claimed that employers did not reinstate
    workers fired for union activity. The Seychelles Federation of Workers'
    Unions, which was associated with the People's Party, was active. The
    Seychelles National Union was formed in 2009 as a result of a
    resolution adopted by the SNP Annual Convention held in 2009; however,
    SNP leaders claimed the union was not affiliated with SNP activities.
        Strikes are illegal unless arbitration procedures are first
    exhausted. There were no reports that unions tried to strike during the
    year.

        b. The Right to Organize and Bargain Collectively.--The law allows
    for unions to organize and conduct their activities without
    interference. The law provides workers with the right to engage in
    collective bargaining, but this seldom occurred. There were no reports
    that this was due to government interference. The Government has the
    right to review and approve all collective bargaining agreements in the
    public and private sectors. There was little flexibility in setting
    wages. In the public sector, which employed more than 50 percent of the
    labor force, the Government set mandatory wage rates for employees.
    Private-sector employers generally set wages through individual
    agreements with employees, while the Government set wage rates in the
    few larger businesses.
        The law authorizes the Ministry of Employment and Human Resource
    Development to establish and enforce employment terms, conditions, and
    benefits, and in practice workers frequently obtained recourse against
    their employers through the ministry.
        Unions engaged in collective bargaining in the private sector;
    however, observers noted that private-sector employers were reluctant
    to do so.
        The law prohibits antiunion discrimination; however, there were
    unofficial reports that such discrimination occurred.
        There was one export processing zone, the Seychelles International
    Trade Zone (SITZ), which had more than 57,000 registered international
    companies and 312 trusts in operation. Only the Seychelles Trade Zone
    Act applied in the SITZ, and the Government did not require SITZ
    businesses to adhere to labor, property, tax, business, or immigration
    laws.

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

        d. Prohibition of Child Labor and Minimum Age for Employment.--The
    law states that the minimum age for employment is 15, ``subject to
    exceptions for children who are employed part time in light work
    prescribed by law without harm to their health, morals, or education.''
    In practice the Government followed these requirements. It is otherwise
    a criminal offense punishable by a fine of 6,000 rupees ($480) to
    employ a child under the age of 15. The Ministry of Employment and
    Human Resource Development enforced child labor laws. The ministry
    handled such complaints within its general budget and staffing and did
    not report any case requiring investigation. No children were found
    working in the fishing, tourism, agricultural, boat-building, or
    processing industries. The Ministry of Education carried out regular
    checks to ensure that children were actually attending school.

        e. Acceptable Conditions of Work.--There is no official private
    sector minimum wage. The Government encouraged but did not require the
    private sector to grant the minimum public-sector wage. Since 2006 the
    minimum public sector wage has remained at 2,325 rupees ($186) per
    month. Even with free public services, primarily health care and
    education, a single salary at the low end of the pay scale did not
    provide a decent standard of living for a worker and family. Private
    employers generally paid higher wages than the Government to attract
    qualified workers.
        The legal maximum workweek varied from 45 to 55 hours, depending on
    the economic sector; however, some employees worked up to 60 hours per
    week. Government employees worked fewer hours. Regulations entitled
    each full-time worker to a 30-minute break per day and a minimum of 21
    days of paid annual leave. The Government permitted workers to work
    overtime up to 60 additional hours per month. The Government generally
    enforced these regulations. The law requires premium pay for overtime
    work.
        Foreign workers--mainly employed in the construction and commercial
    fishing sectors--did not enjoy the same legal protections as citizens.
    Companies sometimes paid foreign workers lower wages, forced them to
    work longer hours, and provided them with inadequate housing, resulting
    in insalubrious conditions.
        The Ministry of Health and Social Development has formal
    responsibility for drafting the Government's comprehensive occupational
    health and safety regulations, and the ministry supported these
    standards, although, due to limited resources, safety and health
    inspectors rarely visited job sites. Occupational injuries were most
    common in the construction, marine, and port industries. The law allows
    workers to remove themselves from dangerous or unhealthy work
    situations, report the employer to the Health and Safety Commission,
    and seek compensation without jeopardizing their employment.

                                   __________

                                  SIERRA LEONE

        Sierra Leone is a constitutional republic with a directly elected
    president, a unicameral legislature, and a population of approximately
    5.7 million. In peaceful multiparty presidential and parliamentary
    elections held in 2007, the opposition All People's Congress (APC) won
    a majority in parliament, and citizens elected party leader Ernest Bai
    Koroma president. Domestic and international observers characterized
    the elections as credible and free but noted irregularities that did
    not affect the outcome.
        In 2002 the devastating 11-year civil conflict officially ended,
    and the Government, backed by a United Nations peacekeeping force
    (UNAMSIL), asserted control over the country. In 2004 UNAMSIL handed
    responsibility for security countrywide to the Republic of Sierra Leone
    Armed Forces (RSLAF) and Sierra Leone Police (SLP). In 2005 UNAMSIL
    withdrew all remaining peacekeepers and transferred nonpeacekeeping
    responsibilities to a follow-on peacebuilding UN mission (UNIOSIL). In
    2008 UNIOSIL's mandate ended, and the UN Integrated Peacebuilding
    Office in Sierra Leone (UNIPSIL) was established to support government
    institutions and monitor and protect human rights and the rule of law.
    Security forces reported to civilian authorities.
        Major human rights problems included security force abuse and use
    of excessive force with detainees, including juveniles; harsh
    conditions in prisons and jails; official impunity; arbitrary arrest
    and detention; prolonged detention, excessive bail, and insufficient
    legal representation; interference with freedom of speech and press;
    forcible dispersion of demonstrators; widespread official corruption;
    societal discrimination and violence against women, discrimination
    based on sexual orientation; female genital mutilation (FGM); child
    abuse; trafficking in persons, including children; and forced and child
    labor.
                            respect for human rights
    Section 1. Respect for the Integrity of the Person, Including Freedom
            From:

        a. Arbitrary or Unlawful Deprivation of Life.--There were no
    reports that the Government or its agents committed arbitrary or
    unlawful killings.

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

        c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
    Punishment.--The constitution and law prohibit such practices; however,
    there were reports that security and police forces used excessive
    force. The law allows up to 36 lashes as punishment. Although
    nongovernmental organization (NGO) sources state that sensitization on
    human rights has led to a reduction in such incidents, prison guards
    reportedly beat prisoners with impunity.
        No action was taken against the prison warden who severely beat an
    inmate in 2008.
        Compared to the previous year, fewer men and women were initiated
    forcibly into tribal secret societies, a process that for women usually
    involved female genital mutilation (FGM). Although data was hard to
    come by due to the secretive nature of these societies, government
    sources extrapolated the decrease in male initiations from observations
    that fewer young men were returning to their home villages, where
    initiation ceremonies are held, from their jobs in the country's main
    cities and towns. Decreases in female initiations were extrapolated
    from UN and NGO data on the decreasing prevalence of FGM, which is an
    integral part of female initiation ceremonies.
        Vigilante violence was common in urban areas, particularly for
    suspected thieves and unsettled debts.
        By year's end no one had been charged for the 2008 killing of a
    thief in eastern Freetown.
        There were continued reports that Guinean troops along Sierra
    Leone's eastern border with Guinea harassed local residents.

        Prison and Detention Center Conditions.--Prison and detention
    center conditions were harsh and sometimes life-threatening.
    Overcrowding was a major problem. The Bureau of Prisons stated that as
    of the end of October there were 2,237 prisoners in the country,
    including 79 women. The Pademba Road Prison, which was designed to
    house 324 prisoners, held 1,263 as of October, according to the local
    NGO Prison Watch. In some cases, cells measuring six feet by nine feet
    housed nine prisoners. According to Prison Watch's 2010 assessment of
    prisons, beatings, solitary confinement, reduction in or total denial
    of food rations, and forcing prisoners to sleep on a wet floor were
    routine disciplinary measures. In addition, many prisoners reported
    being beaten by gangs of other prisoners at the incitement or explicit
    direction of prison officials as a means of inflicting punishment while
    shielding prison officials from culpability.
        Human rights observers reported that detention conditions remained
    below minimum international standards because of overcrowding, lack of
    access to food, unhygienic conditions, and insufficient medical
    attention. One NGO noted an improvement in nutritional standards, but
    prisoners continued to receive inadequate portions of food. The Bureau
    of Prisons received only 2,500 leones ($0.63) per prisoner per day for
    food rations; increased food prices and pilfering by prison officials
    throughout the year posed a significant challenge. Prison cells often
    lacked proper lighting, bedding, ventilation and air-conditioning, and
    protection from mosquitoes. At all prisons, wells were the only sources
    of water. In some prisons, the wells dried up during the dry season and
    inmates were required to purchase water themselves.
        Conditions in holding cells in police stations were poor,
    especially in small stations outside Freetown. Cells were dark with
    little ventilation. However, overcrowding in some police cells somewhat
    improved due to deployment of additional magistrate judges to the
    districts to process cases.
        Few prisoners had access to adequate medical facilities, and
    clinics lacked supplies and medical personnel to provide basic
    services. Authorities allowed only emergency patients to visit the
    clinic outside of the assigned schedule. Women were treated as
    outpatients or referred to the local hospitals for special care.
    However, doctors and nurses in these hospitals often refused to treat
    prisoners or provided inferior care because of the social stigma
    associated with assisting criminals and the Bureau of Prison's
    inability to pay medical bills.
        Prison Watch reported that there was a shortage of prison staff and
    that officers were not paid regularly. Consequently, guards provided
    only minimal security, and abuse of prisoners and prison breaks
    occurred. Prison Watch received reports that prison guards sold
    prisoner food rations to supplement their meager salaries.
        As of the end of October, Prison Watch reported only one prisoner
    death, which occurred allegedly as a result of a respiratory tract
    infection.
        Men and women were held in separate cells. In many of the prisons,
    men and women were held in the same block and shared facilities.
    Several prisons held infants, most of whom were born in prison and
    initially detained there with their mothers. Once weaned, these
    children were released to family members or placed in foster care by
    the Ministry of Social Welfare, Gender, and Children's Affairs.
        While the women's section of the prison on Pademba Road was
    significantly less crowded with better facilities than the male
    section, officials detained together persons being tried for petty and
    serious offenses; the section had limited access to water for bathing,
    and no exercise area.
        Although authorities made an effort to avoid detaining juveniles
    with adults, minors regularly were imprisoned with adult offenders. At
    the same time, when questioned by NGO Prison Watch about detaining
    juveniles, officers alleged that in some cases, police officers
    inflated the ages of juveniles to escape blame for detaining them. In
    the three juvenile facilities, detainees did not have adequate access
    to food and education, and sometimes were unable to attend court
    hearings due to lack of transportation. However, during the year
    vocational training and one year of formal education were offered to
    juvenile prisoners under a grant from the Justice Sector Development
    Program (JSDP), a government program funded by the United Kingdom's
    (UK's) Department for International Development. The juvenile
    facilities were deteriorating and in need of better management by the
    Ministry of Social Welfare, Gender, and Children's Affairs, which was
    responsible for all services but security. Violence among juvenile
    detainees was a problem, and small riots occurred in some facilities,
    such as one in a school in Kissy in early October. Juveniles housed
    with adults and then moved to age-appropriate facilities were often
    instigators of violence, JSDP noted.
        In most cases pretrial detainees were held with convicted prisoners
    in prisons. According to Prison Watch, only 584 of the 1,263 prisoners
    in Pademba Road Prison had been convicted.
        The Government permitted family visits to prisoners and detainees
    regularly during the year.
        International monitors, including UNIPSIL, had unrestricted access
    to the prisons, detention centers, and police holding cells.
    Additionally, some NGOs such as Prison Watch, JSDP, and the Lawyers'
    Center for Legal Assistance (LAWCLA) monitored the prisons.
        There were some improvements in prison conditions noted during the
    year. Overcrowding and the need to keep men and women in the same block
    were somewhat alleviated by the completion of a women's prison in
    Kenema. The Pademba Road prison, as well as prisons in Moyamba, Port
    Loko, and Magburaka, began offering literacy and vocational skills
    training during the year.

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

        Role of the Police and Security Apparatus.--The SLP has primary
    responsibility for maintaining internal order but was poorly equipped
    and lacked investigative, forensic, and riot control capabilities. The
    military is responsible for external security; however, the ``Military
    Assistance to the Civil Power'' program provided additional assistance
    to police in extraordinary circumstances, such as following a police
    shooting of three civilians near Lungi Airport in September 2009.
        There were fewer cases of police brutality reported during the
    year, but police corruption was a serious problem, in part exacerbated
    by low salaries. Some police and guards reportedly stole from
    detainees. There were continued reports that police officers required
    bribes at checkpoints, falsely charged motorists with violations, and
    impounded vehicles to extort money. Police also accepted bribes from
    criminal suspects in exchange for dropping charges or for having their
    rivals arrested and charged with crimes.
        Police frequently were not present or chose not to intervene when
    crowds beat alleged thieves. In numerous instances, police, in exchange
    for kickbacks, refused to make arrests when warranted, or they arrested
    persons without charge for civil causes such as alleged breach of
    contract or failure to satisfy a debt.
        According to the JSDP, impunity was less of a problem than in the
    past. The Police Complaints, Discipline, and Internal Investigations
    Department (CDIID) heard more complaints against police officers during
    the year than in the previous year, largely due to greater public
    awareness of and trust in the organization. There was also a Police
    Council, which included the vice president, minister of internal
    affairs, inspector general, and others who accepted written complaints
    against senior police officers. The CDIID facilitated all hearings and
    trials related to complaints against junior police officers. An appeals
    process was available and used often. After the CDIID issued
    disciplinary measures against an SLP officer, the officer was also
    subject to the civilian court if criminal action was involved. An
    infrequently published SLP newsletter listed disciplinary actions
    against officers.
        During the year the CDIID received 1,623 complaints countrywide,
    resulting in 689 officers being dismissed, demoted, suspended, or
    officially warned. Of the remainder, 408 cases were dismissed for lack
    of evidence or validity, 282 were resolved through dispute resolution,
    and 244 remained at various stages of investigation or review. The most
    common complaints lodged against police were corruption, unfair
    treatment, lack of professionalism, and assault. Cases requiring
    dismissal of an officer most commonly involved criminal cases, such as
    officers fraudulently posing as landowners or businessmen to extort
    money.
        Police continued to receive professional, leadership, and human
    rights training, and new recruits received a six-month introductory
    course before deployment. The SLP retained a full-time UN technical
    advisor and a number of UN Civilian Police advisors. As a result of
    training programs during the year and the introduction of community
    policing conducted by the Department for International Development, the
    Commonwealth, and the JSDP, the professional conduct of the police
    force improved. However, its efficacy continued to be hampered by
    limited financial resources.

        Arrest Procedures and Treatment While in Detention.--The law
    requires warrants for searches and arrests; in many cases, however,
    arrest without warrant was common. According to UNIOSIL's 2007
    assessment of prison conditions, adjournment dates on some warrants
    were altered and not endorsed by the magistrate, while other warrants
    were signed, but not by the presiding magistrate. Prison Watch and
    LAWCLA reported that most arrests were made without warrants and that
    the SLP rarely followed proper arrest procedures. Only high-profile
    cases that were scrutinized publicly were known to have been properly
    handled.
        Once arrested, a detainee must be told the reason for arrest within
    24 hours and be charged in court within 72 hours, or in the case of
    serious crimes, within 10 days. According to several NGOs, remanded
    prisoners routinely were brought to court on a weekly basis to be
    remanded again in order to bypass the legal restrictions.
        Detainees have the right of access to family and the right to
    consult with an attorney in a timely manner. However, due to a lack of
    financial resources, only an estimated 5 to 10 percent of inmates had
    access to legal representation, which was often delayed. Lawyers
    generally were allowed unrestricted access to detainees. Although the
    law provides for attorneys at public expense if defendants cannot
    afford their own, the Government has instituted legal aid in Freetown
    only, and has been able to serve only a few clients due to problems
    with establishing eligibility for legal aid. Fewer than 10 state
    counsels served the entire country, and they were often overburdened
    and poorly paid and thus available only for more serious criminal
    cases. Many indigent detainees did not receive legal advice prior to
    trial. Only defendants in the military justice system had automatic
    access to attorneys, whose fees were paid by the Ministry of Defense.
    For civilians, three attorneys provided legal aid outside of Freetown.
    Authorities permitted regular family visits, although the frequency and
    duration of the visits varied from prison to prison. According to NGO
    reports, family members often paid bribes to be permitted to visit.
        There were provisions for bail, and there was a functioning bail
    system; however, authorities applied the bail regime inconsistently and
    sometimes demanded excessive bail.
        Lengthy pretrial detention was a problem. Prison Watch reported
    that as of the end of October nine persons were awaiting indictment
    since 2006, six since 2005, and one since 2004. As a result of case
    backlogs, pretrial and remand detainees spent an average of three to
    five years in pretrial detention before courts examined their cases or
    filed formal charges. Approximately 60 percent of detainees in prison
    were in pretrial detention. Inmates at the prison in Bo who engaged in
    a small-scale riot to protest against their lengthy pretrial detentions
    in November 2009 were, according to Prison Watch, brought to Freetown
    and beaten. They were sent back to Bo in the early part of the year;
    since then, some have been released. According to the NGO Open Society
    Initiative for West Africa, remand prisoners frequently changed their
    pleas from ``not guilty'' to ``guilty'' to be removed from the remand
    section to the less substandard areas of a prison.

        e. Denial of Fair Public Trial.--The constitution and law provide
    for an independent judiciary, and the Government generally respected
    this provision; however, the judiciary at times was subject to
    government influence and corruption.
        In addition to the formal civil court system, local chieftaincy
    courts administer customary law with lay judges; appeals from these
    lower courts are heard by the superior courts.
        The rotation system between wards in specific districts continued
    to improve magistrate presence. However, with inexperienced new
    magistrates, high court fees, and fewer than 15 lawyers practicing
    outside of Freetown, access to justice remained limited for most
    citizens.
        The RSLAF has its own military justice system, although soldiers
    can be tried in civilian courts depending on the type of crime
    committed. The decision of which system to use was sometimes made on an
    ad hoc basis and was prone to pressure from RSLAF leadership. If a case
    remains in military channels, military police conduct an investigation
    and forward their findings to the Ministry of Defense Law Office. The
    Law Office then decides whether to handle the offense through a
    ``summary dealing'' process or a court martial.
        ``Summary dealing'' cases are limited to low-level military
    offenses, such as misappropriation of military property, unlawful
    possession of a firearm, and being absent without leave. The commanding
    officer determines the punishment, the most severe of which is a 28-day
    custodial sentence. The court martial hears all civilian and serious
    military offenses committed by military personnel, as well as cases
    involving senior officers. The case is tried before a judge and board;
    the latter determines guilt or innocence, and the former the sentencing
    recommendation. The court martial hears an average of four cases per
    year.
        The military justice system has an appeals process. For summary
    dealing, the defendant can appeal for the redress of complaint, which
    goes to the next senior ranking officer, while appeals in a court
    martial are heard by the civilian Supreme Court.
        Traditional justice systems supplemented the central government
    judiciary, especially in rural areas. Paramount chiefs maintained their
    own police and courts to enforce uncodified local laws, which acted in
    parallel with the Government's own civil police and court system.
    Chieftaincy police and courts exercised authority to arrest, try, and
    incarcerate individuals, and sometimes abused that power. However,
    traditional justice systems somewhat improved in rural areas during the
    year due to governmental and NGO training of traditional elders and
    provision of additional paralegals.
        Trials were generally fair; however, there was credible evidence
    that corruption influenced many cases. Paramount chiefs acting as
    judges were notorious for accepting bribes and favoring wealthier
    defendants, although they showed a greater willingness to discuss
    issues and refer cases to magistrates than in previous years (see
    section 4).

        Trial Procedures.--The law provides for a fair trial; however, in
    practice, the lack of judicial officers and facilities often produced
    long delays. Some cases were reported to be adjourned 40 to 60 times.
    Trials are public, and the accused have a limited right to a trial by
    jury in the magistrate courts. Juries were drawn from a list maintained
    by the master and registrar of active and retired civil servants and
    youth groups; however, the attorney general frequently exercised his
    power to determine that cases be heard by a judge alone. Defendants
    generally enjoyed a presumption of innocence. While defendants have the
    right to be present and to consult with an attorney in a timely manner,
    access to counsel often was delayed. The law provides for attorneys at
    public expense if defendants could not afford their own; however,
    state-appointed attorneys often were overburdened and poorly paid, and
    indigent detainees usually did not receive legal advice prior to trial.
    Defendants can confront or question witnesses against them, present
    witnesses and evidence on their own behalf, and access government-held
    evidence relevant to their cases. Police officers, many of whom had
    little or no formal legal training, prosecuted a majority of cases on
    the magistrate level. Although the law provides defendants with the
    right to appeal, delays in the appeals process were excessive,
    sometimes lasting more than two years.
        Human rights NGOs noted wide disparities in sentencing patterns
    from district to district. There were numerous cases in which sentences
    imposed were disproportional to the offenses. Many prisoners were
    serving excessively long sentences for noncapital offenses, such as
    sacrilege (50 years), larceny (25 years), and larceny and burglary (45
    years). Many attributed the inconsistent sentencing to the defendant's
    ability to pay a fine or bribe.
        Traditional justice systems continued to supplement extensively the
    central government judiciary, especially in rural areas, in cases
    involving family law, inheritance, and land tenure. However, the
    customary law guiding these courts is not codified, and decisions in
    similar cases were inconsistent. Paramount chiefs sometimes referred
    cases to the police in order to give arrests for civil complaints the
    appearance of legitimacy. Local chieftains at times exceeded their
    mandates and administered harsh punishments.
        A number of civil laws and customary laws discriminate against
    women, and many traditional courts continued to ignore the rights of
    women regarding family law and inheritance. Juveniles are afforded few
    rights in the traditional justice system.
        The trial of former Liberian president Charles Taylor for crimes
    against humanity, war crimes, and other serious violations of
    international law committed during the civil war continued throughout
    the year before the Special Court for Sierra Leone (SCSL) in The Hague.

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

        Civil Judicial Procedures and Remedies.--Both the central
    government judiciary and customary law courts handled civil complaints;
    however, corruption influenced some cases and judgments, and awards
    were inconsistent. Administrative and judicial remedies were available
    for alleged wrongs, but enforcement was difficult. Victims of human
    rights abuses have access to the regular courts to seek redress for
    human rights violations.

        f. Arbitrary Interference With Privacy, Family, Home, or
    Correspondence.--The constitution and law prohibit such actions, and
    the Government generally respected these prohibitions in practice.
    Section 2. Respect for Civil Liberties, Including:

        a. Freedom of Speech and Press.--The constitution and law provide
    for freedom of speech and of the press; however, the Government at
    times restricted these rights in practice. Journalists generally
    practiced self-censorship.
        The Government rarely attempted to impede criticism, although
    government officials occasionally interfered with journalists' work.
        During the year there were several complaints that government
    officials sought to manipulate the Sierra Leone Broadcasting
    Corporation (SLBC), which was created in June as an independent,
    nonpartisan television and radio outlet. In August a prominent
    newspaper publisher spoke critically of the Government on a popular
    live daily SLBC radio program. A government representative
    unsuccessfully attempted to interrupt the broadcast to present a
    rebuttal. The program was neither re-aired the following day, as is
    standard, nor were requests for taped copies of the interview honored,
    leading to criticisms that the SLBC and the Government were jointly
    attempting to muzzle the journalist.
        On December 13, four journalists from four independent newspapers
    were arrested by the Sierra Leone Police on the order of the minister
    of lands. The minister accused the journalists of ``possessing
    classified documents'' when they questioned him about a restricted-
    access audit report compiled by the Investment Climate Facility (a pan-
    African organization based in Tanzania) alleging fraud and embezzlement
    within the ministry. The four men were released later that evening. One
    of them was accused of stealing documents from the ministry and charged
    with larceny, but all charges were subsequently dropped.
        On December 16, the minister of agriculture, forestry, and food
    security asked the Sierra Leone Police to arrest two employees of the
    radio station KISS 104 in Bo for interrupting a live interview with the
    minister to air a block of prerecorded programming sponsored by the
    cell phone company Africell. The minister claimed that he had paid for
    the broadcast time for his interview and that KISS 104 had committed a
    ``breach of contract.'' The employees were arrested but released the
    following morning, and no charges were filed.
        The Human Rights Commission-Sierra Leone (HRC-SL) and the Sierra
    Leone Association of Journalists (SLAJ) condemned both December
    actions. The minister of information and communications pledged to
    investigate the incidents and to ``take necessary actions, [as] the
    Government will not condone impeding freedom of expression and sour the
    relationship between the Government and the media in Sierra Leone.''
        Fifty-eight newspapers were registered with the Independent Media
    Commission (IMC), as well as 72 radio stations and 10 television
    stations covering a wide spectrum of interests and editorial opinion.
    Not all media outlets were in operation during the year, however.
    During the year the IMC registered nine new newspapers and two new
    radio stations, and rejected seven newspaper registration applications
    because the applicants did not provide any justifications of
    ``professional and public-interest.'' Most of the IMC-registered
    newspapers were independent, although several were associated with
    political parties. While sometimes subject to official pressure and
    restrictions, newspapers openly and routinely criticized the Government
    and its officials as well as the opposition parties. However, reporting
    was often politicized and inaccurate, in large part because of poor
    journalistic skills, insufficient resources, and the lack of
    professional ethics. In October the Guild of Newspaper Editors Sierra
    Leone was launched to address these problems, as well as unprofessional
    behavior and widespread corruption among its members.
        As part of efforts to curb undue interference by local authorities,
    the IMC reconstituted the management boards of community radio stations
    to include chiefs and representatives from the major political parties.
    It also funded training programs for members of the management boards.
        International media could operate freely but were required to
    register with the Ministry of Information and Communications and the
    IMC to obtain a license. During the year there were no cases of local
    or international media being denied registration.
        The law criminalizes both defamatory and seditious libel; however,
    the law rarely was applied. Punishment for first-time offenders can be
    up to three years' imprisonment, and subsequent seditious libel
    convictions are punishable by prison terms of up to seven years.
    However, society paid little attention to older convictions under the
    law. In December, President Koroma nominated and parliament unanimously
    confirmed a new minister of youth and sport, despite his 2002
    conviction under the libel law while editor-in-chief of the independent
    newspaper Fo Di People. Despite lobbying for decriminalization of libel
    by the IMC and the SLAJ, by year's end the Government had not amended
    Part 5 of the 1965 Public Order Act, which criminalizes libel.
        The IMC regulated independent media organizations and generally
    demonstrated independence from government influence. In August it
    convened a meeting with editors of two local newspapers to chastise
    them for publishing articles that allegedly violated Section 25 of the
    IMC Code of Practice by potentially inflaming tribal/ethnic tensions.
    The IMC warned them not to publish any such material in the future, or
    risk having their newspapers suspended.
        Due to the low level of literacy and the relatively high cost of
    newspapers and televisions, radio remained the most important medium
    for public dissemination of information. During the year more than 80
    government and private radio and television stations provided domestic
    news and political commentary. The APC and the Sierra Leone People's
    Party (SLPP) radio stations that were shut down in the wake of the
    March 2009 riots remained closed.

        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.
    International Telecommunication Union statistics for 2009 stated that
    0.26 percent of the country's inhabitants accessed the Internet. There
    were six Internet Service Providers. In Freetown there were many
    Internet cafes but few in rural areas due to infrastructure
    constraints.

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

        b. Freedom of Peaceful Assembly and Association.--Freedom of
    Assembly.--The constitution and law provide for freedom of assembly,
    and the Government generally respected this right in practice. There
    were no reports that the Government monitored or prevented opposition
    meetings.
        Both the APC and the SLPP continued to implement the provisions of
    the Joint Communique signed after the March 2009 riots between
    supporters of the two parties. Most significantly, the SLPP rededicated
    its headquarters building, which was damaged during the riot. A
    commission of inquiry on the riots did not recommend prosecutions or
    disciplinary actions against police or others.
        On other occasions police forcibly dispersed demonstrators. Police
    occasionally were unable to control violence, and demonstrators at
    times attacked police stations. For example, motorbike taxi service
    operators (``okadas'') clashed with police officers in various parts of
    the country during the year. In September ``bike riders'' in Kailahun
    District burned down two traffic posts while protesting what they
    perceived as a unilateral decision by police to restrict their business
    hours. In Freetown on several occasions ``bike riders'' engaged in
    impromptu demonstrations against police officers who were, in the
    protesters' eyes, arbitrarily enforcing motorcycle registration and
    safety laws through fines and confiscations. Although the protests were
    violent, there were no reports of deaths or injuries.
        After a CDIID investigation, in the early part of the year the SLP
    compensated families of three persons who were killed in September 2009
    when a crowd attacked a small police station in Lungi because of anger
    over the station's ineffectiveness in handling a crime spree.

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

        c. Freedom of Religion.--For a description of religious freedom,
    please see the Department of State's 2010 International Religious
    Freedom Report at http://www.state.gov/g/drl/rls/irf/.

        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; however, there were reports that police officers who operated
    security roadblocks outside of the capital often extorted money from
    motorists.
        The border shared with Liberia was officially open, and authorities
    generally allowed refugees, returnees, and other persons to move
    regularly between the two countries; however, police, customs, and army
    personnel demanded bribes at border crossing points.
        The law does not provide for forced exile, and the Government did
    not use it.

        Protection of Refugees.--The country's laws provide for the
    granting of asylum or refugee status, and the Government has
    established a system for providing protection to refugees.
        The law provides for refugee status as defined by international
    convention to be granted to eligible asylum seekers. The UN High
    Commission for Refugees (UNHCR) worked with government authorities to
    develop standard operating procedures for refugee status determination.
        In practice the Government provided protection against the
    expulsion or return of refugees to countries where their lives or
    freedom would be threatened on account of their race, religion,
    nationality, membership in a particular social group, or political
    opinion.
        According to the UNHCR, the Government did not provide temporary
    protection to certain individuals who may not qualify as refugees under
    the 1951 convention and the 1967 protocol.
        The Government offered to assist Liberian refugees requesting
    repatriation. However, only 34 refugees were repatriated during the
    year. A ``profiling survey'' completed by the UNHCR in June showed that
    only 1 percent of the approximately 8,900 Liberian refugees in Sierra
    Leone wished to be repatriated, while 75 percent were undecided and 24
    percent opted for local integration. UNHCR acknowledged the
    Government's efforts, through the National Commission for Social Action
    (NaCSA), to integrate refugees who are unwilling or unable to return to
    Liberia in accordance with the Refugees Protection Act of 2007.
        There were no reports of discrimination against refugees with
    regards to employment, access to social services, or to police and
    courts.
    Section 3. Respect for Political Rights: The Right of Citizens to
            Change Their Government
        The constitution and law provide citizens the right to change their
    government peacefully, and citizens exercised this right in practice
    through periodic, and generally free and fair elections based on
    universal suffrage.

        Elections and Political Participation.--In peaceful presidential
    and parliamentary elections held in August 2007, the opposition APC won
    a majority in parliament, with party leader Ernest Bai Koroma elected
    president. However, there were multiple reports of harassment and
    intimidation of members of opposition parties. There were also reports
    of voter coercion by party bosses and traditional leaders. Domestic and
    international observers characterized the parliamentary elections as
    generally free and fair. However, the Commissioner of the National
    Election Commission (NEC), who was appointed by the SLPP (the party in
    power at the time of the elections), invalidated the results from 477
    polling stations during the second round of balloting in the
    presidential election on suspicion that ballot boxes were stuffed. The
    SLPP, which lost the presidency, did not contest the results but
    initiated a court case against the Commissioner for her actions. As of
    the end of the year, the case had not been resolved.
        On December 11, a by-election for Chairman of the Kono District
    Council was held, the first election of the 2010-2015 election cycle
    that will include the 2012 presidential election. In November
    supporters of the ruling APC attacked and damaged the district offices
    of the opposition SLPP and disrupted an SLPP rally in Kono. The
    Government belatedly denounced the attacks and harassment but took
    steps to ensure that the by-election was held peacefully and fairly. In
    addition to increasing the number of police in the district from 120 to
    400, the Government also brought together leaders of the various
    political parties, the heads of the quasi-governmental NEC, the
    Political Parties Registration Commission (PPRC), and the Sierra Leone
    Police under the auspices of the UNIPSIL to sign a document outlining
    ground rules for all participants and their supporters in the election.
    There were no reports of violence or irregularities at any of the
    polling stations on election day. The Government welcomed observers
    from foreign missions and NGOs such as National Elections Watch. The
    APC candidate won the election, and the results were certified with no
    objections from the other parties.
        The PPRC, which governed the behavior of political parties, does
    not have the authority to sanction any political party for
    inappropriate behavior. It received two inter- and intra-party
    complaints during the year and acted as a mediator to address the
    problems. The PPRC can use only moral persuasion to convince persons
    and parties to act according to agreed-upon guidelines, such as the
    parties' constitutions.
        A parallel unit of local government is the paramount chief, who is
    elected for a life term. Candidates for the position are limited to
    members of local ruling houses. Only tribal authorities (those who
    collected local taxes from at least 20 taxpayers) were allowed to vote
    for paramount chief, and in the north only men could be designated as
    tribal authorities. Although paramount chiefs' authority exists
    independently of the central government and local councils, they
    frequently displayed party affiliations, were influenced by the party
    in power, and allegedly influenced the votes of their constituents. In
    turn, political parties were known to interfere with elections of
    paramount chiefs during the year. The election of paramount chiefs at
    times exacerbated ethnic tensions.
        Women have the right to vote, but husbands or other patriarchal
    figures are known to influence their decisions. Of the 124
    parliamentarians, 16 were women. Women held one of the 20 cabinet
    positions. There were four female judges out of seven judges on the
    High Court, and the chief justice was a woman. Three out of six judges
    on the Court of Appeal were women.
        All citizens have the right to vote; however, citizenship at birth
    is granted only to persons of ``Negro-African descent,'' thus
    disenfranchising the significant number of Lebanese persons who were
    born and continued to reside in the country. Persons of Lebanese
    descent may apply to be naturalized, and once naturalized are eligible
    to vote in all national and local elections. However, the Government
    has not approved new naturalizations since 2002.
        Ethnic affiliations traditionally have been a strong influence in
    political party membership for the country's two dominant ethnic
    groups, the Mende and Temne, each of which accounted for approximately
    30 percent of the population. The Mende traditionally supported the
    SLPP and the Temne the APC. Other than ethnic Limbas, the third-most
    populous ethnic group who traditionally have supported the APC, the
    country's other ethnic groups had no strong political party
    affiliations. During the year opposition parties accused President
    Koroma of filling key government positions only with persons from the
    north. Although the president did not respond directly and specifically
    to these concerns, his early December cabinet shake-up increased the
    number of ministers and from the Eastern and Southern provinces to 30
    percent, up from the previous 20 percent. Ministers from the north now
    occupy 62 percent of the cabinet offices and 8 percent are held by
    ministers from the western peninsula. Meanwhile, in the run up to the
    2012 presidential election, the SLPP began positioning itself as a
    party that truly represented all of the country's ethnic, religious,
    and regional groupings. In early August the PPRC, in response to two
    newspaper editorials that were perceived to be fanning the flames of
    tribal enmity, issued warnings to the two major political parties, the
    APC and the SLPP, not to appeal to ethnicity.
    Section 4. Official Corruption and Government Transparency
        The law provides criminal penalties for official corruption, and
    the Government made some attempts to implement the law. Despite several
    well publicized cases of corruption in the executive, legislative, and
    judicial branches, officials sometimes engaged in corrupt practices
    with impunity. Police and prison staff regularly extorted or solicited
    bribes from detainees and prisoners. Low salaries and a lack of
    accountability exacerbated official corruption. The World Bank's most
    recent Worldwide Governance Indicators reflected that corruption was a
    severe problem.
        The head of the Anticorruption Commission (ACC), Abdul Tejan-Cole,
    resigned in July. He was replaced by Joseph Fitzgerald Kamara, the
    former deputy prosecutor in the Special Court of Sierra Leone. The ACC
    made some progress in curbing corruption during the year and improving
    transparency by enforcing the new tougher penalties and implementing
    broader prosecutorial powers in anticorruption laws.
        During the year the Government implemented its five-year national
    action plan to combat corruption, and ministries began including
    anticorruption activities into their strategic plans. The ACC conducted
    sensitization campaigns with the public and government ministries, and
    enforced whistleblower protection measures.
        Corrupt procurement practices were a problem, and several
    ministries were under investigation during the year.
        For example, in March the former director of procurement for the
    Ministry of Defense, Joe Michael Sewoh, and Major Idriss Sonkoi Kamara
    of the RSLAF were convicted on abuse-of-office charges for seeking to
    influence bidding on Ministry of Defense supply orders. Each was
    sentenced to three years' imprisonment and a fine of 90 million leones
    ($23,000).
        In April former minister of fisheries and marine resources Haja
    Afsatu Kabba was indicted on seven counts of misappropriation of public
    funds and abuse of office. In October she was found guilty on five
    counts and ordered to pay 450 million leones ($112,500) in restitution
    and fines in order to avoid a three-year prison sentence.
        As of year's end the trial of former minister of health and
    sanitation Sheiku Tejan Koroma on charges of abuse of public office,
    abuse of public position, and failure to comply with government
    procurement laws and policies continued.
        On October 26, the ACC indicted former commissioner general of the
    National Revenue Authority Alieu Sesay, his wife, and four private
    contractors on 57 counts of violation of the 2008 Anti-Corruption Act,
    abuse of office, and influence-peddling. He and his wife were arrested
    on October 27 and posted bail; the case continued at year's end.
        During the year, the ACC recovered approximately 1.3 billion leones
    ($325,000) from public officers and private business officials in
    fines, restitutions, and settlements in corruption-related cases.
    Although the ACC does not proactively offer to settle cases out of
    court, suspects may request a settlement, and many cases were resolved
    in this way. Several defendants also chose to pay fines rather than
    face custodial sentences. The ACC initiated 171 investigations during
    the year. Since 2008 the ACC has the authority to prosecute cases
    directly without first having to refer them to the Ministry of Justice
    and in practice prosecuted cases itself. Four prosecutions by the ACC
    were either concluded or still in progress by the end of the year.
        As of the end of September, all government ministers and members of
    parliament had complied with a 2008 law requiring public officers,
    their spouses, and children to declare their assets and liabilities.
        There is no provision in the law for public access to government
    information; however, the Government at times provided such access to
    citizens and noncitizens, including foreign media.
    Section 5. Governmental Attitude Regarding International and
            Nongovernmental Investigation of Alleged Violations of Human
            Rights
        A number of domestic and international human rights groups
    generally operated with few government restrictions, investigating and
    publishing their findings on human rights cases. Government officials
    generally were cooperative and responsive to their views.
        The independent National Forum for Human Rights (NFHR) served as an
    umbrella organization for human rights NGOs in the country. There were
    41 human rights NGOs registered with the NFHR, and all were reportedly
    active. Most domestic human rights NGOs focused on human rights
    education. A few NGOs, including the Campaign for Good Governance,
    LAWCLA, Tinap for Justice, and Access to Justice, monitored and
    reported on human rights abuses.
        A variety of domestic and international human rights groups
    (including Amnesty International, Freedom House, and Human Rights
    Watch) generally operated without government restriction, investigating
    and publishing their findings on human rights cases. Government
    officials were generally cooperative and responsive to their views.
        The HRC-SL generally operated without government interference;
    however, government agencies were slow to support the commission. The
    organization was also hampered by lack of funds. In July the commission
    initiated the drafting of the country's national action plan for human
    rights in preparation for its Universal Periodic Review at the UN Human
    Rights Council scheduled for 2011. In March, HRC-SL published its
    annual report on the state of human rights in Sierra Leone in 2009,
    which it presented to the president and the Speaker of Parliament. Both
    the president and the parliament accepted and praised the report
    without reservations. In addition the commission initiated a working
    group with the UN Office of the High Commissioner for Human Rights and
    the international community to coordinate human rights activities in
    the country. HRC-SL continued its efforts at enforcement of the Child
    Rights Bill, and three gender bills. There was increased use of its
    system for reporting human rights violations.
        The Parliamentary Human Rights Committee operated without
    government or party interference. It focused on keeping human rights
    issues on the parliamentary agenda, paving the way for the passage of
    amended laws and ratification of international conventions, and doing
    public outreach.
        The trial before the SCSL in The Hague of former Liberian president
    Charles Taylor for crimes against humanity and war crimes in the
    country continued at year's end.
        Revolutionary United Front leaders Issa Sesay, Morris Kallon, and
    Augustine Gbao, whom the SCSL found guilty in 2009 of war crimes,
    crimes against humanity, and other serious violations of international
    humanitarian law, were incarcerated in Rwanda.
        Truth and Reconciliation Commission (TRC) recommendations continued
    to be implemented, providing a forum for publicly airing the grievances
    of victims and the confessions of perpetrators during the civil war.
    The Government took steps to implement a reparations program for the
    victims of the conflict as recommended by the TRC. Efforts were
    underway to establish a trust fund for war victims. However, many NGOs
    continued to be disappointed by the slow or delayed implementation of
    some of the TRC recommendations, such as the trust fund and separating
    the positions of attorney general and minister of justice, which
    requires a constitutional amendment.
        The UN and numerous domestic and international NGOs continued to
    educate and sensitize the population about the TRC and the SCSL, and
    the Government generally supported these efforts.
    Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
        Citizenship is generally limited to persons of ``Negro-African
    descent,'' but the law otherwise prohibits discrimination based on
    race, tribe, sex, place of origin, political opinions, color, or creed.
    However, the Government did not effectively enforce these provisions,
    and a number of legal acts and customary laws contravene these
    constitutional provisions.

        Women.--The law prohibits rape, which is punishable by up to 14
    years' imprisonment; however, rape was common and viewed more as a
    societal norm than a criminal problem. The law does not specifically
    prohibit spousal rape. Cases of rape were underreported and indictments
    were rare, especially in rural areas. A reluctance to pursue justice
    for women, combined with women's lack of income and economic
    independence, helped perpetuate violence and impunity against women.
    However, since the establishment of the Family Support Units (FSUs) and
    the passage of the Gender Acts in 2007, reports of rapes, especially
    involving child victims, steadily increased. Rapes of children as young
    as a few months old were documented. Rape victims, especially when
    pregnancy occurred, were encouraged to marry their attackers, although
    some NGOs reported that this practice appeared to be waning.
        From January to August, the FSU recorded 723 cases of sexual
    assault. In these cases, 345 perpetrators were charged, while 291 were
    still under investigation. The remaining 87 cases were either withdrawn
    or dismissed as lacking merit. The International Rescue Committee (IRC)
    reported that at least 25 cases resulted in convictions, with
    perpetrators receiving sentences of between 18 months and seven years.
    Rape cases frequently were settled out of court or did not make it to
    trial because of inefficiencies and corruption in the judicial system.
    Most legal advisors assigned to prosecute rape cases had only three
    weeks' training and could not compete against well trained defense
    lawyers. Most perpetrators were known to their victims and included
    teachers, family friends, relatives, traditional leaders, and
    neighbors. The JSDP noted an increase in adolescent boys as
    perpetrators.
        Medical and psychological services for rape victims were limited.
    Rape victims were required to obtain a medical report for the filing of
    charges, examinations, reports, and court appearances. Most government
    doctors charged 10,000 to 70,000 leones ($2.50 to $17.80), fees which
    were prohibitively expensive for most victims. The IRC ran Rainbo
    Centers in Freetown, Kenema, and Koidu to perform medical examinations,
    provide counseling for victims of sexual assault, and offer legal
    assistance for victims who wanted to prosecute their cases. However,
    these Rainbo Centers were the only such centers in the country, and
    many victims had no access to medical attention or services.
        Domestic violence is an offense under the 2007 Domestic Violence
    Act, punishable by a fine of up to 5 million leones (approximately
    $1,250) and up to two years in prison. However, violent acts against
    women, especially wife-beating and rape, were common and often
    surrounded by a culture of silence. The police were unlikely to
    intervene in domestic disputes except in cases involving serious injury
    or death. The SLP used mediation as its primary tool for handling
    domestic violence. Between January and August, the FSUs noted that
    1,477 women reported domestic violence. Of these cases 298 perpetrators
    were charged, and 663 were under investigation at year's end. The FSU
    does not maintain statistics on conviction rates, but NGO reports
    indicate few perpetrators were convicted due to poorly trained
    prosecutors and out-of-court settlements. In addition NGOs observed in
    many cases that women withdrew rape or nonrape violence complaints due
    to social stigma, fear of retaliation, or acceptance of payment in lieu
    of pressing charges to alleviate their extreme poverty. The lack of
    convictions resulted in a high degree of impunity for rape and nonrape
    violence. Awareness of the law has resulted in an increase in reported
    cases in urban areas; however, most human rights organizations noted
    that domestic violence continued to be most prevalent and largely
    underreported in the northern provinces.
        According to the United Nations Children's Fund (UNICEF), the
    majority of women felt that wife-beating was justified for actions such
    as going out without telling a husband, neglecting the children,
    refusing sex, or burning food. Women suspected of marital infidelity
    often were subjected to physical abuse. Because husbands could claim
    monetary indemnities from their wives' partners, beatings often
    continued until the women named several men, even if there were no such
    relationships. There were also reports that women suspected of
    infidelity were required to undergo animistic rituals to prove their
    innocence.
        FGM in the country is performed predominantly by women's secret
    societies. The UN and NGOs reported a decline in the practice, likely
    due to increased awareness and intervention; although many in secret
    societies, particularly ``sowies,'' the women who perform genital
    cutting, continued to advocate for the practice. During the year the UN
    reported that 35-40 percent of women and girls in Sierra Leone had been
    subjected to FGM.
        For more details on FGM, see Section 6, ``Children.''
        No NGO or government agency identified sex tourism as a problem
    during the year. The country's tourist industry overall is still in a
    nascent stage. Inappropriate sexual conduct by temporary visitors, such
    as tourists or businessmen, appears to be opportunistic, and not the
    purpose of their visits to the country.
        Sexual harassment in the workplace is not specifically prohibited
    by law, and it was widespread.
        Women and men generally were free to decide responsibly the timing,
    number, and spacing of their children: 70 percent of women and couples
    who practiced family planning made independent decisions, while 30
    percent reported that other influences and pressures, such as family
    and religion, were determinant factors in family-planning decisions.
    The Ministry of Health and Sanitation reported that between January and
    June there were 118,922 clients for family planning services, and long-
    term and permanent treatments, such as intrauterine devices (IUDs) and
    tubal ligation, increased in popularity. Statistics showed, however,
    that the contraception prevalence rate ranged from 8 to 20 percent, and
    of the women using family planning methods, 51 percent did not discuss
    it with their partners.
        The Ministry of Health and Sanitation and NGOs made efforts to meet
    the demand for oral contraceptives. However, outreach teams rarely
    served rural women and families. Many parents refused contraceptives
    for their sexually active teenage children because of a
    misunderstanding that contraceptives would prevent pregnancy later in
    life.
        Approximately 44 percent of women gave birth in hospitals between
    January and June, while a further 51.5 percent gave birth at
    ``peripheral health units,'' grassroots health posts located primarily
    in rural areas. Health professionals delivered 66 percent of births.
    However, few hospitals offered full obstetric and postpartum services.
    Most women did not have access to transportation to make regular
    doctor's visits or lived in locations where few services were offered.
    Women also rarely had equal access to family finances, and male
    partners did not always see pre- and post-natal care as a priority.
        During the year one in 32 women died in childbirth. In April the
    Government launched an initiative to provide free health care for
    pregnant women, lactating mothers, and children under the age of five,
    which according to a midyear survey, was credited with increasing the
    number of live births and reducing the incidences of death in
    childbirth. Under the aegis of the Office of the First Lady, the
    Government also launched the Women's Initiative for Safer Health, which
    works at the community level in other areas of women's health, such as
    repairing obstetric fistula, sanitation, prevention of infectious
    diseases, and extending micro-credit to budding female entrepreneurs.
        Women were diagnosed more frequently than men with sexually
    transmitted infections and HIV/AIDS because they were tested as part of
    their obstetric care. Men were more likely to wait for testing until
    they exhibited physical symptoms. There was an active government
    campaign to test more women during the prenatal period.
        The 2009 Registration of Customary Marriage and Divorce Act
    empowers either spouse to acquire property and guarantees that gifts,
    payments, or dowries upon marriage are nonrefundable, allowing women in
    unhappy marriages to divorce without being forced to return dowries.
        The 2007 Devolution of Estates Act provides for intestate
    succession including the transmission of property to the deceased's
    spouse and/or children as well as to single persons who cohabited with
    the deceased for 10 or more years. One noticeable problem with the law
    was its definition of ``property'' as mutually owned land; since land
    outside of Freetown is generally communal or family property, it was
    difficult to prove that a couple owned the land together and that the
    wife thus had a right to it.
        Early in the year, the Ministry of Social Welfare, Gender, and
    Children's Affairs began implementation of the Sierra Leone National
    Gender Strategic Plan, a four-year (2010 to 2013) strategic framework
    drafted in conjunction with the UN Population Fund (UNFPA) and the UN
    Development Fund for Women (UNIFEM). The ministry indicated its
    intention to work with local and international NGOs and other
    government ministries to implement the two acts mentioned above, as
    well as the 2007 Domestic Violence Act, collectively known colloquially
    as ``the gender acts.'' By year's end, several ``sensitization
    programs'' had been conducted around the country, particularly in the
    areas of fighting sexual and gender-based violence and teaching rural
    women about their rights under the Devolution of Estates Act.
        Women faced widespread legal and societal discrimination,
    particularly in matters of marriage, divorce, property, and
    inheritance, which are guided by customary law in all areas except the
    capital. Formal laws apply in customary as well as formal courts, but
    customary judges had limited or no legal training and often were
    unaware of or could choose to ignore formal laws. Chiefs sometimes
    colluded with men to evict women and children forcibly from their homes
    or to subject them to arbitrary detention. In some cases chiefs imposed
    arbitrary and exorbitant fines, imprisoned women unlawfully in their
    homes or ``chiefdom jails,'' and expelled them from the community. The
    women's rights and status under customary law varied significantly
    depending upon the ethnic group to which they belonged, but such rights
    and status were routinely inferior to that of men. Under customary law
    women's status in society is equal to that of a minor. A woman is
    frequently perceived to be the property of her husband, to be inherited
    on his death with his other property. In rural areas polygyny was
    widespread; UNICEF estimated in 2007 that 43 percent of women were
    involved in polygynous unions. All women in the Western (Freetown)
    Area, which is governed by general law, had a statutory right to own
    property in their own names. However, women in the provinces, which are
    governed by customary laws that vary from chiefdom to chiefdom, did
    not.
        In the Temne ethnic group women could not become paramount chiefs,
    subordinate chiefs, or chiefdom authorities; however, in the Mende
    ethnic group, there were several female leaders. Every local council
    had at least one female representative. In March the High Court
    overturned a ban on women's becoming a paramount chief in the Kissy
    Teng chiefdom in Kailahun District.
        Women did not have equal access to education, economic
    opportunities, health facilities, or social freedoms. In rural areas
    women performed much of the subsistence farming and had little
    opportunity for formal education. According to a 2008 government
    survey, 66 percent of women had never been to school, compared to 50
    percent of men. Women also experienced discrimination in access to
    employment, and it was common for a woman to be dismissed if she became
    pregnant during her first year on the job. Further discrimination
    occurred in access to credit, equal pay for similar work, and the
    ownership and management of a business.
        The Ministry of Social Welfare, Gender, and Children's Affairs has
    a mandate to protect the rights of women; however most international
    and domestic NGOs complained that the ministry lacked the resources,
    infrastructure, and support of other ministries to handle effectively
    its assigned projects. The ministry routinely relied on the assistance
    of international organizations and NGOs to help combat women's rights
    violations.
        Women were active in civic and philanthropic organizations.
    Domestic NGOs such as 50/50, the Forum for African Women
    Educationalists, and the Women's Forum raised awareness of gender
    inequality and other women's issues, and they encouraged women to enter
    politics as candidates for mayoral positions and local councils.

        Children.--Citizenship derived by birth is restricted to children
    of parents of ``Negro-African descent.'' Children not meeting the
    criteria must be registered in their parents' countries of origin.
        The Office of the Chief Registrar in the Birth and Deaths
    Department, which falls under the purview of the Ministry of Health and
    Sanitation, reported that during the year 104,996 live births were
    registered. This represents a 3.3-percent increase over 2009. A total
    of 1,834 stillbirths (an increase of 15 percent over 2009) were
    registered. Birth registration was not universal due to inadequate
    staffing and resources. The Chief Registrar also noted that a lack of
    registration materials (e.g., paper forms) also hindered new
    registrations. However, lack of registration did not affect access to
    public services, nor did it result in statelessness.
        Primary school education is tuition-free countrywide. However, many
    parents were unable to put their children through primary school
    because they could not afford school uniforms, books, and fees charged
    by school authorities. The average educational level for girls was
    markedly below that of boys, and only 25 percent of women were
    literate. At the secondary level, pregnancy forced many girls out of
    school. The law allows girls to return to school after giving birth,
    but many communities did not respect that right.
        Sexual violence against children was a growing problem; however,
    the Government took few steps to address the issue. The FSUs are
    trained in dealing with sexual violence against children, and cases of
    child sexual abuse generally were taken more seriously than adult rape
    cases. However, in many cases of sexual assault against children,
    parents accepted payment instead of taking the perpetrator to court due
    to difficulties dealing with the justice system, fear of public shame,
    and economic hardship. Although the FSUs were seen to be improving
    their ability to prevent and respond to cases, the conviction numbers
    remained very low. From January to August, the FSU reported 66 cases of
    child abuse. Perpetrators in 11 cases were charged, and 29 cases are
    still under investigation, while the remaining cases were withdrawn or
    resolved through informal negotiation.
        The 2007 Child Rights Act does not explicitly address FGM. However,
    the Ministry of Social Welfare, Gender, and Children's Affairs
    interprets de facto FGM within the section of the law that prohibits
    subjecting anyone under the age of 18 to harmful treatment, including
    any cultural practice that dehumanizes or is injurious to the physical
    and mental welfare of the child. The Ministry continued to implement
    the Child Rights Act and the International Convention on the Rights of
    the Child, to which the country is a signatory, but there were no
    prosecutions for FGM during the year. Although police occasionally
    detained practitioners on accusations of forced mutilation or
    manslaughter, human rights workers reported that police remained
    hesitant to interfere in cultural practices. The UN agencies (including
    UNFPA, UNIFEM, UNICEF, and World Health Organization) continued to work
    with local NGOs such as the Amazonian Initiative Movement and the
    Advocacy Movement Network to tackle FGM. The UN and the Ministry of
    Health and Sanitation also conducted research on the link between FGM
    and obstetric fistula in order to present a medical argument against
    the practice.
        At the community level the UN and local NGOs worked with
    traditional leaders and local chiefs on a range of interventions,
    including sensitization meetings and efforts to persuade local chiefs
    to impose by-laws outlawing FGM for children. During the year
    traditional leaders in the southern district of Pujehun signed a
    memorandum of understanding with ``sowies'' (FGM practitioners) to
    increase the minimum age of initiations the ``sowies'' performed to 18
    years. The UN also held workshops for local social workers and
    traditional leaders on prevention measures, as well as health care and
    psychosocial support for victims.
        NGOs reported a decline in the practice of FGM, likely due to
    increased awareness and interventions. FGM was practiced on girls as
    young as two years old, and many NGOs reported cases in which toddlers
    underwent FGM because their very young age made it cheaper for parents.
        Although the law prohibits marriage of girls under the age of 18,
    including forced marriage, forced child marriage continued to be a
    problem. UNICEF estimated in 2008 that 56 percent of women had been
    married before age 18.
        Child rights laws also provide for the creation of family courts
    and child committees at the local government level, but NGOs reported
    that significant work remained to be done to establish such entities
    nationwide. There are 70 child welfare committees across the country,
    but they were not fully functioning. As of August the FSU reported 66
    cases of child cruelty, of which nine had been charged in court. There
    were no convictions.
        Child prostitution continued to be a growing problem. A UNICEF
    analysis of Freetown and Bo indicated that over half of the street
    children survived through prostitution. NGOs stated that there appears
    to be little political will to address the problem effectively.
    Statutory rape and child pornography are not addressed specifically in
    the law, but according to the Ministry of Social Welfare, Gender, and
    Children's Issues, these crimes would be covered under the Child Rights
    Act of 2007, which prohibits ``cruel, inhuman, and degrading
    treatment'' of any child, defined as persons under the age of 18.
        Besides prostitution, many children were forced to engage in petty
    trading and other economic activities to survive and were vulnerable to
    trafficking and other exploitive practices.
        According to a UNICEF report in 2009, there were 54 residential
    homes for approximately 1,800 orphans. The quality of care at the
    facilities varied, but most of those that failed to meet minimum
    standards were shut down. Each facility provided at least one meal a
    day, some health care, and some type of education. The regulatory
    framework for licensing new orphanages had not been approved by the Law
    Office at year's end.
        The country is not a party to the 1980 Hague Convention on the
    Civil Aspects of International Child Abduction. For information on
    international parental child abduction, please see the Department of
    State's annual Report on Compliance with the Hague Convention on the
    Civil Aspects of International Child Abduction at http://
    travel.state.gov/abduction/resources/congressreport/congressreport--
    4308.html.

        Anti-Semitism.--No data exists on the size of the country's Jewish
    population, and no synagogues or other Jewish religious organizations
    were registered with the Inter-Religious Council (IRC). No acts of
    anti-Semitism were reported during the year.

        Trafficking in Persons.--For information on trafficking in persons,
    please see the Department of State's annual Trafficking in Persons
    Report at http://www.state.gov/g/tip

        Persons With Disabilities.--The law does not prohibit
    discrimination against persons with physical and mental disabilities,
    and offers no specific protections for such persons. The law does not
    mandate accessibility of buildings or assistance to disabled persons.
    There was no government policy or program to assist persons with
    disabilities; public facility access and discrimination against persons
    with disabilities were not considered public policy priorities.
        Although there was no formal discrimination against persons with
    disabilities in employment, education, access to health care, or in the
    provision of other state services, an April survey by a UK-based NGO
    found in practice persons with disabilities had less access to such
    services. In addition given the high rate of general unemployment, work
    opportunities for persons with disabilities were few, and begging by
    persons with disabilities was commonplace. Children with disabilities
    were also less likely to attend school than other children due to the
    lack of an official inclusive education policy.
        There is considerable stigma associated with and discrimination
    against persons with mental health issues. The Sierra Leone Psychiatric
    Hospital in Kissy, the country's only in-patient psychiatric
    institution, had beds for 400 patients but housed only 100 patients due
    to staff and resource constraints, as the hospital was poorly funded by
    the Government and received only small donations from private
    charities. Patients were generally released to their families or
    communities as soon as possible, and received follow-up counseling on a
    regular basis. The hospital estimated that 550,000 citizens needed some
    form of psychiatric care due to post-traumatic stress disorder arising
    from the 1991-2002 civil war, depression due to socio-economic
    problems, and drug abuse. Men and women were housed in separate wards,
    and there was no mingling between the sexes. The hospital lacked
    adequate beds and mattresses which are easily destroyed by the patients
    and could not provide sufficient food to sustain them. Patient
    restraints were primitive due to lack of resources. The hospital did
    not have running water and only sporadic electricity due to lack of
    funds to buy fuel for the facility's generator. Basic medications were
    available, although the hospital suffered from a lack of a variety of
    drugs targeted at specific problems.
        The Ministry of Health and Sanitation is responsible for providing
    free primary health care services to persons with polio and diabetic
    retinopathy as well as those who are blind or deaf. However, these
    services were not provided consistently, and organizations reported
    that many persons with disabilities had limited access to medical and
    rehabilitative care. The National Committee for Social Action provided
    some support through limited programs to vulnerable communities. The
    Ministry of Social Welfare, Gender, and Children's Affairs has a
    mandate to provide policy oversight for issues affecting persons with
    disabilities but had limited capacity to do so.
        Some of the many individuals maimed in the civil war, including
    those who had their limbs amputated, received special assistance from
    local and international humanitarian organizations. Such programs
    involved reconstructive surgery, prostheses, and vocational training to
    help victims acquire new work skills; however, amputees complained that
    they did not receive sufficient assistance compared to former
    combatants, who received aid through the demobilization process. In
    response to TRC's recommendations, the Government accepted in principle
    the need to develop an aid program for war wounded, amputees, and
    victims of sexual violence; however, assistance to these groups
    remained limited and mostly funded by outside entities.

        National/Racial/Ethnic Minorities.--The ethnically diverse
    population consisted of about 18 ethnic groups of African origin, many
    of whom spoke distinct languages and were concentrated outside urban
    areas. In addition there were significant Lebanese and Indian
    minorities, and small groups of European and Pakistani origin. Little
    ethnic segregation was apparent in urban areas, where interethnic
    marriage was common. The two largest ethnic groups were the Temne in
    the North and the Mende in the South. These groups each constituted an
    estimated 30 percent of the population; however, the Krio, who make up
    7 percent of the population, have historically dominated the civil
    service and judiciary. Strong ethnic loyalties, bias, and stereotypes
    existed among all ethnic groups. The Temne and Mende have vied
    historically for political power, and the violence during the 11-year
    civil war had some ethnic undertones. Ethnic loyalty remained an
    important factor in the Government, the armed forces, and business.
    Complaints of ethnic discrimination in government appointments,
    contract assignment, and military promotions were common under the
    former SLPP and current APC governments.
        Residents of non-African descent faced some institutionalized
    discrimination, particularly in the areas of citizenship and
    nationality. The 1973 Citizenship Act, as amended in 2006, restricts
    citizenship by birth only to persons of ``Negro-African descent,''
    effectively denying citizenship to many locally born residents, most
    notably the six to seven thousand-strong Lebanese community. Non-
    ``Negro-African'' persons may apply for naturalization, but all
    applications must be approved personally by the president. In practice,
    however, no president has signed any naturalization certificates since
    the end of the civil war in 2002. (Lebanese law makes provisions for
    citizenship by blood, conferring citizenship on any person born in
    Sierra Leone to citizens of Lebanon upon application to the Lebanese
    embassy in Freetown. Thus, Lebanese born in Sierra Leone are not
    stateless.)
        A small percentage of the Lebanese population was naturalized
    during a previous period of government leniency, and they enjoy the
    full rights of citizenship, such as suffrage, access to health care and
    education, and the right to purchase freehold land. However,
    naturalized citizens of non-``Negro-African'' descent cannot transmit
    citizenship to their children born in the country; these children must
    apply for naturalization if they want to become citizens. While not
    entitled to the rights of citizens, non-naturalized persons born in the
    country are, however, entitled to a Sierra Leonean passport, and many
    Lebanese Sierra Leoneans travel on one with no problems.
        In August a businessman of Lebanese descent who was born and raised
    in the country charged the Government with racism and threatened to go
    on a hunger strike until he was naturalized. In response the Government
    agreed to study amendments to the 1991 constitution regarding
    citizenship rights, and the president expressed a general willingness
    to approve naturalization applications, but at the end of the year the
    Government had taken no actions. The Lebanese community reported no
    cases of overt discrimination based on race or nationality, although
    community leaders stressed that even though many Lebanese families have
    resided in the country since the 1880s, they still feel alienated from
    the indigenous population.

        Societal Abuses, Discrimination, and Acts of Violence Based on
    Sexual Orientation and Gender Identity.--The constitution does not
    offer protection from discrimination based on sexual orientation. A law
    from 1861 still in force prohibits male homosexual acts; however, there
    is no legal prohibition against female-to-female sex. The 1861 law
    carries a penalty of life imprisonment for indecent assault upon a man
    or 10 years for such an attempted assault. However, the law was not
    enforced in practice due to the secrecy surrounding homosexual conduct
    and the tendency for communities to discriminate against individuals
    rather than to enforce legal codes.
        There were a few organizations working to support gay, bisexual,
    lesbian, and transgender persons. Because such individuals were not
    culturally accepted, particularly among men, the groups had to remain
    underground and hidden for fear of discrimination or violence against
    their members. Gay pride parades and other public displays of
    solidarity could not safely take place. There were unofficial reports
    of beatings by police and others, particularly targeting men dressed as
    women, but formal complaints were not filed due to fear of reprisal.
    Lesbian girls and women were also victims of ``planned rapes'' that
    were initiated by family members in an effort to change their sexual
    orientation.
        Social discrimination based on sexual orientation occurs in nearly
    every facet of life for known gays and lesbians, and many choose to
    have heterosexual relationships and family units to shield them. In the
    areas of employment and education, sexual orientation is the basis for
    abusive treatment, which has led individuals to leave their jobs or
    courses of study. It is difficult for gays and lesbians to receive the
    health services they need, due to fear that their confidentiality
    rights would be ignored if they were honest about their ailments; many
    choose not to be tested or treated for sexually transmitted infections.
    Secure housing is also a problem for gays, lesbians, bisexuals, and
    transgender persons. Gay children frequently are shunned by their
    families, leading some to turn to prostitution to survive. Adults can
    lose their leases if their sexual orientation becomes public.

        Other Societal Violence or Discrimination.--The law prohibits
    discrimination based on actual, perceived, or suspected HIV status;
    however, persons with HIV/AIDS were stigmatized in society. There was
    no official discrimination against HIV/AIDS positive persons, but NGOs
    reported children were denied access to education because of their HIV
    status. HIV/AIDS-positive adults lacked employment and promotion
    opportunities. There were also reports that men often divorced their
    HIV/AIDS-positive wives, leaving them without financial support.
        Reports of violence against HIV/AIDS-positive persons were
    uncommon; families were instead more likely to abandon them. NGOs noted
    that, due to discrimination and stigmatization, those living with HIV/
    AIDS sometimes chose suicide rather than facing their communities.
    Section 7. Worker Rights

        a. The Right of Association.--The law allows workers, in both the
    public and private sectors to join unions of their choice without prior
    authorization or excessive requirements; however, it prohibits civil
    service employees, police, and members of the armed services from
    joining unions. The law allows unions to conduct their activities
    without interference, and the Government generally protected this
    right; however, in some private industries employers were known to
    intimidate workers to prevent them from joining a union. By year's end
    the Government had not granted a bargaining certificate to the Civil
    Servants' Union, whose application had been on file since 1986.
    According to the Ministry of Labor, approximately 35 to 40 percent of
    workers in the formal economy were unionized, including mainly
    agricultural workers, mineworkers, and health workers. Unions have the
    right to strike, although the Government could require 21 days' notice,
    and workers exercised this right in practice. The law does not prohibit
    retaliation against strikers, even when the strike is lawful. In March
    doctors and nurses staged a 10-day strike, and as a result, President
    Koroma agreed to significant salary increases.

        b. The Right to Organize and Bargain Collectively.--The law
    provides for collective bargaining, and the Government generally
    protected this right in practice. Collective bargaining must take place
    in trade group negotiating councils, each of which had an equal number
    of employer and worker representatives. Collective bargaining was
    widespread in the formal sector, and most enterprises were covered by
    collective bargaining agreements on wages and working conditions. No
    reliable data was available on the percentage of workers covered by
    collective agreements. There was at least one case where an employer
    did not respect the terms of a collective bargaining agreement. In
    October electrical workers staged a protest at the National Power
    Authority for the authority's failure to implement an agreed-upon wage
    increase.
        The law neither prohibits antiunion discrimination against union
    members nor employer interference in the establishment of unions. In
    March, King's Production Industry of Freetown, a soft-drinks
    manufacturer, laid off 29 workers. All of the laid-off workers were
    members of the Hotel, Food, Drinks, Entertainment, and Tobacco Union,
    which had begun to organize the plant in late 2009.
        There are no export processing zones.

        c. Prohibition of Forced or Compulsory Labor.--The law prohibits
    forced and compulsory labor, including by children; however, the
    Government did not effectively enforce the law, and the practice of
    forced labor occurred, particularly in diamond mining. Under the law,
    individual chiefs may impose forced labor as punishment and have done
    so in the past; however, there were no reported occurrences during the
    year. Chiefs also may require villagers to contribute to the
    improvement of common areas, a practice that occurred in rural areas.
    There is no penalty for noncompliance.
        Also see the Department of State's annual Trafficking in Persons
    Report at https//www.state.gov/g/tip.

        d. Prohibition of Child Labor and Minimum Age for Employment.--
    Child labor is widespread. Almost half of children aged 14-15 years
    were engaged in some form of child labor. The rate varied from 27
    percent in urban areas to 57 percent in rural areas. The law limits
    child labor, allowing light work at age 13, full-time work at age 15,
    and hazardous work at age 18. The law states that children under 13
    should not be employed in any capacity; however, enforcement was not
    effective.
        Provided they have finished schooling, children aged 15 may be
    apprenticed and employed full-time in nonhazardous work. The law also
    proscribes work by any child under 18 between 8 p.m. and 6 a.m. The law
    sets health and safety standards and requires school attendance through
    the age of 15, but the Government did not enforce this. Many of the
    laws were not enforced because of lack of knowledge, societal
    perception of children's roles, and poverty.
        In many cases children worked alongside parents or relatives and
    abandoned educational or vocational training. There were no reports
    that authorities conducted any child-labor inspections during the year.
        In rural areas children worked seasonally on family subsistence
    farms. Children also routinely assisted in family businesses and worked
    as petty vendors. Adults engaged street children to sell, steal, and
    beg. Because the adult unemployment rate remained high, few children
    were involved in the industrial sector or elsewhere in the formal
    economy.
        There were reports that foreign employers hired local children to
    work as domestic laborers outside the country at extremely low wages
    and in poor conditions. The Ministry of Social Welfare, Gender, and
    Children's Affairs was responsible for reviewing the issuance of
    passports to minors but did not do so effectively, and the prevalence
    of document fraud made effective government oversight difficult.
        There were reports that children whose parents sent them to friends
    or relatives in urban areas for education were forced to work on the
    street. There also were reports that adults asked orphanages for
    children to be used as household help.
        Many girls, particularly those displaced from their homes and with
    few resources, resorted to prostitution as a means of support.
        In remote villages children were forced to carry heavy loads as
    porters, resulting in stunted growth and development. Children were
    also engaged in sand mining, fishing, hawking, diamond mining, granite
    quarrying, and prostitution. While the law prohibits forced and bonded
    labor by children, the Government did not effectively enforce the law,
    and child labor remained a problem. Forced and child labor occurred in
    diamond mining.
        The Ministry of Labor was responsible for enforcing child labor
    laws. The Ministry of Mineral Resources enforced regulatory
    prohibitions against the worst forms of child labor. The ministry also
    was charged with protecting children working in the diamond mining
    areas; however, enforcement was not effective.
        The Freetown City Council contributed nonfinancial support to
    programs that provided free schooling and services to at-risk youth.
        Also see the Department of State's annual Trafficking in Persons
    Report at http//www.state.gov/g/tip.

        e. Acceptable Conditions of Work.--The national minimum wage,
    covering all occupations including in the informal sector, was set at
    25,000 leones ($6.35) per month, which did not provide a decent
    standard of living for a worker and family. The Ministry of Labor is
    responsible for enforcing the minimum wage, but it lacked the resources
    to do so effectively, and compliance was difficult to monitor in the
    informal sector. Most workers supported an extended family. It was
    common to pool incomes and to supplement wages with subsistence farming
    and child labor.
        Although not stipulated by law, the standard workweek was 40 hours
    (60 hours for security personnel). Employers negotiated work hours with
    employees at the time of hiring, and overtime was to be paid if an
    employee's work hours exceeded the standard workweek. There was no
    prohibition on excessive compulsory overtime.
        The Ministry of Health and Sanitation was responsible for setting
    and enforcing health and safety standards. Although the Government set
    these standards, it did not provide the funding to enforce them
    properly. Trade unions provided the only protection for workers who
    filed complaints about working conditions. Initially a union could make
    a formal complaint about a hazardous working condition. If this
    complaint was rejected, the union could issue a 21-day strike notice.
    However, no such actions were reported during the year. Workers who
    removed themselves from dangerous work situations without making a
    formal complaint risked being fired.
        The law protects both foreign and domestic workers; however, there
    were fewer protections for illegal foreign workers.

                                   __________

                                    SOMALIA

        Somalia\1\ has an estimated population of seven million. The
    territory, which was recognized as the Somali state from 1960 to 1991,
    fragmented into regions led in whole or in part by three distinct
    entities: the Transitional Federal Government (TFG) in Mogadishu, the
    self-declared Republic of Somaliland in the northwest, and the
    semiautonomous region of Puntland in the northeast. The TFG was formed
    in late 2004, with a five-year transitional mandate to establish
    permanent, representative governmental institutions and organize
    national elections. In January 2009an expanded Transitional Federal
    Parliament (TFP), established under the internationally backed Djibouti
    Peace Process (DPP), extended the TFG's mandate until August 2011 and
    elected Sheikh Sharif Sheikh Ahmed as TFG president. The DPP stalled in
    2009 as the Government came under pressure from armed extremist groups
    and the TFG's top leadership engaged in political infighting.
    ---------------------------------------------------------------------------
        \1\ The United States does not have diplomatic representation in
    Somalia, and U.S. government personnel were not permitted to travel
    regularly into any of the territory of the former state of Somalia
    during the year. This report draws in large part on non-U.S. government
    sources.
    ---------------------------------------------------------------------------
        On June 26, the Somaliland administration conducted its second
    direct presidential election in five years. On July 2, the Somaliland
    independent national elections commission declared Ahmed Mohamed
    Mohamud ``Silanyo'' as the winner in a presidential election that
    domestic and international observers declared as free and fair.
        Islamist extremists increased attacks on Puntland regional
    officials. During the year 50 senior government officials and security
    officers were killed in roadside bombs and gun violence, mostly in
    Puntland's Bari Region. In Somaliland's disputed Sool and Sanaag
    regions, disaffected sub-clans waged sporadic violence against
    government officials.
        Security forces reported to civilian authorities in the Puntland
    and Somaliland administrations. Even though TFG security forces
    reported to civilian authorities, there were instances in which
    elements of the security forces acted independently of civilian
    control.
        There were reports of several isolated incidents where rogue TFG
    troops and allied militia opened fire on public transport vehicles,
    extorted money at checkpoints, and looted private businesses. In most
    of these cases, other TFG security forces intervened. Puntland security
    forces indiscriminately repatriated internally displaced southern
    Somalis, resulting in family separations and the loss of property and
    business. The administration alleged that the southerners were
    responsible for insecurity in Puntland. Fighting by TFG troops, allied
    militias, and African Union Mission in Somalia (AMISOM) forces against
    antigovernment forces, terrorist groups, and extremist elements
    affected thousands of civilians in Mogadishu. Intermittent resource-
    related sub-clan disputes escalated into minor armed conflicts.
    Targeted assassinations continued. Terrorist group al-Shabaab claimed
    responsibility for suicide and roadside bombings against TFG troops,
    government officials, and AMISOM peacekeepers. There were four suicide
    bombings that targeted TFG officials and offices and AMISOM
    installations. Security forces in Puntland and Somaliland reported to
    government authorities, such as the Ministry of Defense. While TFG
    forces reported to government authorities, TFG-allied militia/
    paramilitary forces reported to clan or factional militia commanders
    and were outside the control of official authorities. There were
    instances when TFG security forces acted independently of civilian
    control. During the year TFG forces, with AMISOM support, increased the
    amount of TFG-controlled territory in Mogadishu to as much as 60
    percent of the city.
        Despite security and capacity problems, the TFG continued to focus
    on human rights. It designated a human rights official in the Ministry
    of Justice and a Focal Point for Human Rights and Child Protection in
    the Office of the Prime Minister and participated in international
    efforts to encourage better human rights practices. The human rights
    situation in al-Shabaab and allied extremist-controlled areas
    deteriorated further during the year. Absence of effective governance
    institutions and rule of law, the widespread availability of small arms
    and other light weapons, and al-Shabaab's increased enforcement of
    extremist societal norms contributed to a worsening human rights
    situation, particularly in Central and South Somalia.
        Human rights abuses included arbitrary killings, kidnappings,
    torture, rape, amputations, and beatings; official impunity; harsh and
    life-threatening prison conditions; and arbitrary arrest, deportation,
    and detention. In part due to the absence of functioning institutions,
    perpetrators of human rights abuses, mostly in al-Shabaab controlled
    areas of Central and South Somalia, were rarely punished. Denial of a
    fair trial and limited privacy rights were problems, and there were
    restrictions on freedoms of speech, press, assembly, association,
    religion, and movement. Discrimination and violence against women,
    including rape and female genital mutilation; child abuse; recruitment
    of child soldiers; trafficking in persons; abuse of and discrimination
    against clan and religious minorities; restrictions on workers' rights;
    forced labor; and child labor were also problems.
        Members of extremist antigovernment groups, and the al-Shabaab
    terrorist organization, some of whose members were affiliated with al-
    Qaida, committed an increasing number of egregious human rights
    violations, including killings of TFG officials and civilians;
    kidnappings and disappearances; attacks on journalists, aid workers,
    civil society leaders, and human rights activists; restrictions on
    freedom of movement; and displacement of civilians. In an August 10
    media release, the UN Independent Expert (UNIE) on the Situation of
    Human Rights in Somalia listed as human rights abuses: ``summary
    executions, including beheadings of innocent people, amputations,
    flogging, whipping, forcible marriage of young girls to militiamen, use
    of civilians as human shields, imposition of the strictest dress code
    on women and prohibition of the use of public mass media, and the bans
    imposed on listening to music and public gathering, all with lack of
    due process.''
                            respect for human rights
    Section 1. Respect for the Integrity of the Person, Including Freedom
            From:

        a. Arbitrary or Unlawful Deprivation of Life.--The TFG or its
    agents did not commit any politically motivated killings. However,
    there were several reports that the TFG or its agents committed
    arbitrary or unlawful killings. Security forces reportedly killed
    several drivers of public transport vehicles and passengers at
    Mogadishu checkpoints. There were no reports that Somaliland and
    Puntland administrations or their agents committed arbitrary or
    unlawful killings.
        Fighting between TFG forces and allied militias against extremist
    antigovernment groups resulted in at least 2,000 civilian deaths in
    Mogadishu. Al-Shabaab and other extremist groups committed political
    killings and assassinations in Puntland and the South and Central
    Regions of Somalia (see section 1.g.).
        Politically motivated killings by extremist antigovernment elements
    and terrorist organizations resulted in the deaths of approximately 10
    senior TFG officials, including members of parliament and security
    officials (see section 1.g.).
        Prominent peace activists, community leaders, clan elders, and
    their family members became targets and were killed or injured for
    their roles in attempted peace building. There were no reports of
    government involvement in these killings, but the Government neither
    identified nor was capable of punishing the perpetrators. Reports
    indicated that al-Shabaab and its affiliated militias were behind many
    of these killings. On June 27, unknown gunmen killed a father and his
    son in Elasha Biyaha locality near Mogadishu. The victims reportedly
    worked with a local telecommunications company. On June 29, unknown
    assailants shot and killed Abdi Mohamed Kahiye, a well-known
    businessman in the Bakara market. Kahiye reportedly was targeted for
    his critical views of al-Shabaab and insurgent group Hisbul Islam who
    control the market. On August 15, unidentified armed men killed Mohamed
    Tahlil Warsame, chairman of the Council of Somali Peace Seekers, in
    Elasha Biyaha. On several occasions, al-Shabaab leaders issued death
    threats against anyone working for or suspected of having links to the
    TFG.
        There were no reports that the Government summarily executed
    persons during the year and no reports that excessive force by the TFG
    resulted in the death of demonstrators.
        Unlike in 2009, there were no reports of excessive force by
    Somaliland government forces resulting in the deaths of demonstrators.
        There were no reports of government forces deliberately killing
    street children; however, children were caught in crossfire during
    fighting between forces.
        Throughout the year militants periodically fired mortars at Villa
    Somalia, the presidential palace in Mogadishu. On July 1, an improvised
    explosive device detonated inside a meeting hall in the presidency a
    few hours before a planned ceremony for Somalia's 50th Independence Day
    anniversary. On August 30, al-Shabaab mortars hit the presidential
    palace compound, killing four AMISOM peacekeepers. Several other mortar
    attacks on the president's residence landed in surrounding
    neighborhoods, causing civilian deaths, injuries, destruction of
    property, and displacement. In August and September, an al-Shabaab
    offensive in Mogadishu resulted in high civilian casualties and new
    displacements. The UN High Commissioner for Refugees (UNHCR) estimated
    230 civilians were killed, 400 injured, and 23,000 displaced from their
    homes during the first two weeks of fighting. In April 2009 a mortar
    attack on the parliament building in Mogadishu killed a police officer
    and three children and wounded several other persons. In May 2009
    mortar attacks on the police academy killed and wounded civilians in
    the vicinity. In September 2009 groups associated with al-Shabaab
    launched mortar attacks on a disabled veterans' home, killing an
    estimated 11 and wounding 20; al-Shabaab claimed responsibility.
        Fighting among armed moderate and extremist religious factions as
    well as between extremists themselves caused hundreds of civilian
    casualties and displacements. On April 27, for example, clashes between
    the TFG-allied Ahlu Sunna Wal Jama'a (ASWJ), a historically
    nonpolitical moderate Islamic organization, and al-Shabaab in Mogadishu
    killed an estimated 15 civilians and injured 50 others. Most of the
    civilian casualties were caused by mortar exchanges between the two
    groups. On June 2, several persons were killed in clashes between ASWJ
    and al-Shabaab in Marergur, Galgaduud Region.
        Senior members of the TFG were killed. For example, on May 9,
    unknown gunman shot and killed Ali Yare, deputy police chief of
    Darkenley police station in Mogadishu. On July 9, Salad Hared Farah,
    spokesman for TFG militia in parts of Hiraan Region, was killed in
    Beledweyne; al-Shabaab in Beledweyne claimed responsibility.
        On August 24, two al-Shabaab gunmen disguised in TFG military
    uniforms killed 31, including four members of parliament (MPs), at the
    Hotel Muna in Mogadishu's Hamarweyne District. On September 9, AMISOM
    peacekeepers disrupted an al-Shabaab attack on a meeting of TFG and
    international officials at Mogadishu airport. Three peacekeepers and
    several civilians were killed in the gunfire and suicide explosions.
        During the year several Puntland officials were also killed. For
    example, on January 5, unknown gunmen shot and killed Abdullahi Ali
    Osman, a Puntland MP, as he left a mosque in Bossaso. Police arrested
    two suspects. On July 10, a roadside bomb killed four Bossaso port
    security police and wounded eight.
        Islamic extremists imposed strict social edicts resulting in the
    deaths of several persons.
        During the year unknown assailants killed two journalist and media
    owners (see section 2.a.).
        Attacks on humanitarian workers, nongovernmental organization (NGO)
    employees, and foreign peacekeepers resulted in deaths during the year
    (see section 5).
        Hundreds of civilians were killed in inter- or intra-clan militia
    clashes throughout the country. The killings resulted from clan
    militias fighting for political power and control of territory and
    resources; revenge attacks; banditry and other criminal activity;
    private disputes over property and marriage; and vendettas after
    incidents such as rape, family disagreements, killings, and abductions.
    Authorities investigated very few of these cases, and there were few
    reports that any of the cases resulted in formal action by the local
    justice system.
        Despite local efforts to mitigate interclan conflicts, Galkayo and
    surrounding nomadic villages experienced the most severe and frequent
    armed clashes in the country. An estimated 100 civilians were killed
    and hundreds others displaced from their homesteads in water and land
    resource-related reprisal attacks during the year. Intermittent
    intraclan armed clashes over resource sharing were also reported in
    other parts of the Mudug Region, as well as in remote villages between
    Burao and Buuhoodle towns, in Bari Region, and in parts of Bay, Lower
    and Middle Shabelle, Hiraan, and Galgaduud regions, resulting in
    several civilian deaths.
        No action was taken against security force or militia members who
    committed killings in 2009 or 2008, and there was little progress in
    the investigations of killings reported in previous years. On January
    17, a Bossaso court found Abdinassir Ahmed Ali guilty of the November
    2009 killing of Judge Mohamed Abdi Warabe and sentenced him to death by
    firing squad. Two accomplices were sentenced to jail terms of three and
    10 years. On August 12, residents of Jurile village, 70 miles south of
    Bossaso, awarded compensation to the victim of an unjustified 1996
    vigilante killing.
        Land mines throughout the country caused numerous civilian deaths
    (see section 1.g.).

        b. Disappearance.--During the year there were no reports of
    politically motivated disappearances, although these types of
    disappearances could have easily been concealed due to overall
    insecurity in the country. Abduction as a tactic in clan disputes,
    however, was reported but less frequently than in previous years. The
    Somali NGO Safety Preparedness and Support Program reported a decreased
    incidence of kidnapping, in part because of fewer international staff
    in the country.
        Clan militia groups and criminal gangs made ransom demands on
    abductees or demanded property or hostage exchanges as preconditions to
    the release of abductees. Unlike the previous years where the majority
    of reported kidnappings were in the southern regions of Somalia,
    especially in areas surrounding Mogadishu, most kidnappings were
    reported in the Sool and Sanaag and Mudug regions. Two NGO workers were
    kidnapped during the year (see section 5).
        There was a general decline in the number of maritime piracy
    attacks and the kidnapping of ship crew in the first quarter of the
    year in the Gulf of Aden as a result of international antipiracy
    efforts and cooperation of the shipping industry. However, the number
    of successful piracy attacks increased in the second half of the year
    and continued to complicate humanitarian efforts to provide essential
    commodities to thousands of people in need (see section 1.g.). Sources
    from international NGOs suggested that pirates were holding
    approximately 20 vessels and 630 persons at year's end.
        Government officials did not undertake investigations into or
    actions against kidnappers. According to the UN Office for the
    Coordination of Humanitarian Affairs (UNOCHA), 10 aid workers, the
    majority kidnapped in previous years, still remained in captivity at
    year's end.

        c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
    Punishment.--The Transitional Federal Charter (TFC) prohibits torture.
    The Puntland Charter, also referred to as the Puntland interim
    constitution, prohibits torture ``unless sentenced by Islamic Sharia
    courts in accordance with Islamic law.'' There were no reports of the
    use of torture by TFG, Puntland, or Somaliland administrations during
    the year. Various clan militias, al-Shabaab, and Hisbul Islam continued
    to torture their rivals and civilians.
        Unlike in previous years, there were no reports of police raping
    women; however, there continued to be reports of irregular/clan
    militias using rape to punish and intimidate rivals. Rape was commonly
    perpetrated in interclan conflicts.
        There were no reports of TFG, Puntland, or Somaliland authorities
    taking action against persons or groups responsible for torturing,
    beating, raping, or otherwise abusing persons.
        During the year TFG officials were victims of assassination
    attempts. On May 27, the TFG's humanitarian affairs minister Mohamamud
    Abdi Ibrahim survived a roadside explosion. The minister's car was in a
    convoy transporting two other ministers at the time of the explosion.
    Three of the minister's security team and a child and an adult near the
    site of the explosion were injured.

        Prison and Detention Center Conditions.--Prison conditions remained
    harsh and life threatening in all regions. Overcrowding, poor sanitary
    conditions, lack of access to health care, and inadequate food and
    water persisted in prisons throughout the country. Tuberculosis, HIV/
    AIDS, and pneumonia were widespread. Abuse by guards was common.
    Detainees' families and clans generally were expected to pay the costs
    of detention. In many areas prisoners depended on food received from
    family members or from relief agencies.
        As a result of the worsening security situation and infiltration of
    violent extremists in TFG-controlled parts of Mogadishu, TFG police
    arrested suspects in security operations. However, there were fewer
    prisoners and detainees held in TFG prisons than in previous years. TFG
    prison officials reported that there were an estimated 400 prisoners
    held at Mogadishu central prison. As part of their efforts to
    strengthen the rule of law and improve security in Somalia, in mid-
    September official foreign donors sponsored training for the TFG Police
    Advisory Committee (PAC) held in South Africa. PAC is a civilian
    oversight authority established to ensure prisoners and detainees are
    treated in accordance with international human rights standards.
        There have been no reports of TFG-allied militias operating
    detention centers since the end of Abdullahi Yusuf's regime in 2008.
    Antigovernment extremist elements and clan leaders, however, reportedly
    continued to operate detention centers in which conditions were harsh
    and guards frequently abused detainees. Al-Shabaab and affiliated
    extremist armed groups operated dilapidated detention centers in areas
    under their control in the south and central regions. Although there
    were no official numbers, informal/unpublished sources estimated that
    thousands were incarcerated throughout extremist-controlled areas in
    inhumane conditions for relatively minor offenses such as smoking,
    listening to music, watching or playing soccer, and not wearing the
    hijab. There were no reports by human rights organizations and civil
    society leaders in Mogadishu of the existence of makeshift detention
    centers in Mogadishu where prisoners were held during and after
    episodes of heavy fighting.
        In prisons and detention centers, juveniles frequently were held
    with adults. The incarceration of juveniles at the request of families
    who wanted their children disciplined continued to be a major problem.
    Female prisoners were separated from males. Particularly in the south
    central region, pretrial detainees were often not separated from
    convicted prisoners.
        The Puntland and Somaliland administrations permitted prison visits
    by independent monitors. A September 2009 report by the UNIE described
    conditions at Puntland's Garowe central prison as ``terribly bad'' due
    to lack of capacity. The updated March 23 UNIE report referred to
    ``terrible detention conditions of the central prison in Garowe, in
    particular keeping prisoners in shackles.''
        Somaliland authorities and the UN Development Program (UNDP) set up
    an independent prisoner monitoring committee. The UNDP also trained the
    prison custodial corps on human rights. There were no visits by the
    International Committee of the Red Cross to prisons in the country
    during the year; however, a prisons conditions management committee
    organized by UNDP and composed of medical doctors, government
    officials, and civil society representatives continued to visit prisons
    in Somaliland. During the year UNDP managed a program to improve
    Somaliland prisons by building new facilities and assisting in training
    wardens and judicial officials.

        d. Arbitrary Arrest or Detention.--In the absence of enforced
    constitutional or other legal protections, the TFG, its allied
    militias, and various clan militias across the country continued to
    engage in arbitrary arrest and detention without due process. Although
    precise figures were unobtainable, local human rights organizations and
    international organizations reported that, although there were fewer
    arrests than the previous years, the TFG continued to arrest and detain
    persons, most of whom were quickly released. There were no allegations
    that these detainees were subjected to beatings, mistreatment, or
    torture.
        In the wake of increased extremist-instigated insecurity in
    Bossaso, Puntland, security forces reportedly arbitrarily arrested
    people, especially immediately after security incidents. The victims of
    arbitrary arrests in Puntland were mostly journalists and Somalis from
    the South. While arbitrary arrest or detention was a common phenomenon
    in the previous Somaliland government, there was none reported during
    the year.
        Al-Shabaab and Hisbul Islam militias across the south central
    region arbitrarily arrested persons and detained them without charge.

        Role of the Police and Security Apparatus.--The police were
    generally ineffective, underpaid, and corrupt. With the possible
    exception of a few UN-trained police known as the Somali Police Unit,
    members of the TFG titular police forces in Mogadishu often directly
    participated in politically based conflict and owed their positions
    largely to clan and familial links rather than to government
    authorities. There were no allegations of TFG security officials
    engaging in extrajudicial killings; however, as in previous years,
    there were some media reports of TFG troops engaging in indiscriminate
    firing on civilians, arbitrary arrest and detention, extortion,
    looting, and harassment.
        In all three regions, abuse by police and militia members were
    rarely investigated, and a culture of impunity remained a problem.
    Police generally failed to prevent or respond to societal violence.

        Arrest and Detention.--Judicial systems were not well established,
    were not based upon codified law, did not function, or simply did not
    exist in most areas of the country. The country's previously codified
    law requires warrants based on sufficient evidence issued by authorized
    officials for the apprehension of suspects; prompt notification of
    charges and judicial determinations; prompt access to lawyers and
    family members; and other legal protections for the detained; however,
    adherence to these procedural safeguards was rare. There was no
    functioning bail system or the equivalent.
        Arbitrary arrest was a problem countrywide.
        Authorities in Puntland arbitrarily arrested journalists (see
    section 2.a.). Al-Shabaab and associated militia routinely arrested and
    threatened journalists as well.
        There were no reports of TFG forces arresting journalists, NGO
    workers, or UN employees (see section 4). Similarly, there were no
    reports of TFG-allied militia arresting persons at random and demanding
    ``bail'' from their family members as a condition for their release.
    However, media reports indicate that TFG security forces and corrupt
    judicial officers, politicians, and clan elders used their influence
    and monetary inducements to set detainees free from allegations of
    petty and extreme crimes.
        Unlike in previous years, there were no reports of politically
    motivated arrests in Somaliland. Authorities in Somaliland, Puntland,
    and the TFG arrested or detained numerous persons accused of terrorism
    and of supporting al-Shabaab.
        Extremist elements also arrested and detained persons in their
    areas of control. For example, on January 25, Hisbul Islam militia
    arrested three traditional elders for allegedly holding unauthorized
    meetings with residents of Hakow village in the Lower Shabelle Region.
    The elders were moved to and detained at Toratorow town before their
    release on January 27 after the intercession of other elders. On April
    17, armed al-Shabaab militia in Baidoa arrested Alin Hilowle, program
    officer of the Isha Human Rights Organization, and detained him at an
    undisclosed location. It was later confirmed that Hilowle was
    transferred to Mogadishu where he was reportedly tortured into
    confessing that he had been compiling and relaying information
    regarding al-Shabaab human rights abuses in Bay and Bakol regions.
    There were unconfirmed media reports that Hilowle escaped from al-
    Shabaab custody in early October after they allowed him to attend the
    burial of one of his sons in Baioda under tight security. Hilowle's
    whereabouts remained unknown.
        On August 11, Hisbul Islam militia arrested Haji Jaylani Moalim, a
    renowned herbalist, and three of his children at their home and
    detained them without charge. The family was released after one week in
    custody.

        e. Denial of Fair Public Trial.--The TFC provides for an
    independent judiciary, but there was no functioning judicial system for
    the TFG to administer.
        The TFC provides for a high commission of justice, a Supreme Court,
    a court of appeal, and courts of first instance; however, in practice
    no such courts exist. Some regions established local courts that
    depended on the predominant local clan and associated factions for
    their authority. The judiciary in most areas relied on some combination
    of elements from traditional and customary law, Sharia, and the penal
    code of the pre-1991 Said Barre government. In May 2009 President
    Sheikh Sharif ratified a parliamentary bill establishing Sharia
    nationwide; however, at year's end there were no official institutions
    charged with the administration of Sharia. In August 2009 President
    Sharif established a military court for members of the TFG armed
    forces, but this court did not operate in practice. In areas that al-
    Shabaab controlled, Sharia was enforced; however, there were no trained
    Sharia judges to preside over cases. Al-Shabaab's interpretation of
    Sharia law resulted in uneven and at times draconian sentencing. For
    example, on July 26, al-Shabaab militia publicly flogged a young man
    and woman in Mogadishu's Livestock Market in the Huriwaa district for
    allegedly having sexual intercourse outside of wedlock. An al-Shabaab
    ``judge'' announced that the young woman confessed to the relationship,
    and she was consequently whipped 100 lashes. The young man denied the
    charges and was subsequently whipped 30 lashes.
        The Somaliland constitution provides for an independent judiciary;
    however, the judiciary was not independent in practice. The Somaliland
    constitution is based on democratic principles, but the region
    continued to use laws that predate the constitution, some of which
    contradict democratic principles. Functional courts exist, although
    there was a serious lack of trained judges and a shortage of legal
    documentation to build judicial precedence. Untrained police and other
    unqualified persons reportedly served as judges. International NGOs
    reported that local officials often interfered in legal matters and
    that the Public Order Law in Somaliland was often used to detain and
    incarcerate persons without trial.
        The Puntland interim constitution provides for an independent
    judiciary; however, the judiciary was not independent in practice. The
    charter also provides for a Supreme Court, courts of appeal, and courts
    of first instance. Despite having some functionality, these courts
    lacked the capacity to provide equal protection under the law.
        Traditional clan elders mediated and resolved intra- and inter-clan
    conflicts throughout the country. During the year traditional elders in
    Somaliland intervened in political disputes between the Government and
    opposition political parties. Clans and sub-clans frequently used
    traditional justice, which was swift. Traditional judgments sometimes
    held entire opposing clans or sub-clans responsible for alleged
    violations by individuals.

        Trial Procedures.--Without a functioning judicial system, there
    were no standard trial procedures in the southern and central regions.
    The TFC provides for the right of every person to legal proceedings in
    a competent court. The TFC states every person enjoys the presumption
    of innocence, the right to be present and consult with an attorney at
    any time, and adequate time and facilities to prepare a defense. It
    also provides a guarantee of free legal services for individuals who
    cannot afford them. While not explicitly mentioned in the TFC, there
    was a presumption of the right to a public trial and jury, rights
    pertaining to witnesses and evidence, and the right of appeal. Most of
    these rights were not respected in practice and did not exist in those
    areas that applied traditional and customary practices or Sharia.
        With the support of UNDP programs addressing judicial reform,
    Somaliland registered some improvement, except in cases of a political
    nature. Defendants generally enjoyed a presumption of innocence, the
    right to a public trial, and the right to be present and consult with
    an attorney in all stages of criminal proceedings. Defendants can
    question witnesses and present witnesses and evidence on their behalf
    and have the right of appeal. Somaliland provides free legal
    representation for defendants who face serious criminal charges and are
    unable to hire the services of a private attorney. Authorities in this
    region did not recognize the TFC and continued to apply the Somaliland
    constitution and pre-1991 laws. However, a worrying trend of regional
    and district security committees circumventing due process by ordering
    arrests and issuing sentences continued. Reportedly, hundreds of
    persons were serving varying prisons terms imposed by security
    committees.
        In Puntland, clan elders resolved the majority of cases using
    traditional methods known as Xeer; those with no clan representation in
    Puntland, however, were subject to the administration's more formalized
    judicial system. In this system, as outlined in Puntland's interim
    constitution, defendants enjoy a presumption of innocence, the right to
    a public trial, and the right to be present and consult with an
    attorney at all stages of criminal proceedings. Defendants can question
    witnesses and present witnesses and evidence on their behalf and have
    the right of appeal. There were numerous alleged instances of political
    and executive interference in the determination of high-profile
    political or security cases, especially concerning journalists. As in
    the other regions, the constitution stipulates that free legal
    representation be provided for defendants who cannot afford an
    attorney; in practice, these and other rights were not respected.

        Political Prisoners and Detainees.--There were no official reports
    of political prisoners or detainees, although some arrests and
    detentions, especially in Somaliland, appeared to be politically
    motivated. In September 2009 there were reports that Somaliland
    authorities arrested and detained more than 100 persons, including
    several opposition leaders, after four persons were killed during
    demonstrations in Hargeisa. In August an estimated 270 prisoners,
    including those arrested in September 2009, were released from
    Somaliland prisons through a presidential amnesty.
        Somaliland's Parliamentary Committee on Justice and Constitution
    reported in March that half of the 765 prisoners and remandees held in
    the Mandheera Prison were detained on the orders of regional or
    district security committees. There was no information available for
    instances of political prisoners in either Puntland or TFG controlled
    areas.

        Civil Judicial Procedures and Remedies.--The inability of the
    judiciary to handle civil cases involving such matters as defaulted
    loans or other contract disputes encouraged clans to take matters into
    their own hands and led to increased inter-clan conflict. There were no
    lawsuits seeking damages for, or cessation of human rights violations
    due to the inadequate, nonexistent, and/or routinely corrupt court
    system. With the breakdown of the rule of law and the lack of a
    coherent legal system or effective government, individuals were not
    afforded adequate protection or recourse.

        f. Arbitrary Interference With Privacy, Family, Home, or
    Correspondence.--The TFC provides for the sanctity of private property
    and privacy. Unlike previous years, there was a reduction in reports of
    both TFG and extremist militia involved in looting, land seizure, and
    forced entry into homes in Mogadishu and elsewhere with impunity. The
    Puntland interim constitution and the Somaliland constitution recognize
    the right to private property. There were no reports of authorities in
    those regions infringing on these rights.
        On July 7, TFG-allied militia looted and forcefully extorted money
    from small-scale traders in Mogadishu's Wadjir District. The TFG did
    not take action against the perpetrators. Although there were fewer
    reported cases of TFG militia and allied forces extorting money from
    taxi, bus, and truck drivers, the practice continued during the year,
    at times resulting in civilian deaths. For example, on April 16, a TFG
    militia member at the Mogadishu-Afgooye Road checkpoint killed a
    passenger and wounded a driver following a disagreement.

        g. Use of Excessive Force and Other Abuses in Internal Conflicts.--
    Killings.--Fighting during the year between TFG and allied forces
    against al-Shabaab and Hisbul Islam resulted in the deaths of more than
    2,000 civilians throughout Somalia. In Mogadishu, al-Shabaab conducted
    almost daily attacks and offensives against the TFG and AMISOM; there
    were numerous media reports of civilian deaths from TFG and AMISOM
    forces responding to these attacks. According to the Mogadishu-based
    Elman Human Rights Organization, violence in Mogadishu killed an
    estimated 918 civilians. According to Lifeline, a Mogadishu-based local
    human rights organization that provides free ambulances to Mogadishu
    residents, 5,814 civilian injuries were reported during the year. On
    January 14, al-Shabaab launched an attack on the presidential palace,
    killing 21 civilians and injuring 30.On January 31, a barrage of TFG/
    AMISOM mortar attacks against militant positions in Yaqshiid and
    Huriwaa districts of Mogadishu killed 14 and injured 50 civilians. On
    June 3, clashes between al-Shabaab and the TFG in Mogadishu killed 20
    and injured an estimated 80 civilians. Conflicts in various parts of
    the country displaced thousands of people throughout the year.
        All parties to the conflict reportedly employed indiscriminate
    lethal tactics; generally, no action was taken against those
    responsible for the violence. Antigovernment and extremist groups,
    particularly al-Shabaab, were responsible for launching mortar attacks
    from hidden sites within civilian populated areas and using civilians
    as human shields. For example, on November 17, artillery gunfire
    between AMISOM and extremist groups killed at least 21 civilians in
    Mogadishu. In addition, extremist groups conducted suicide bombings;
    used land mines and remote-controlled roadside bombs; and conducted
    targeted killings of journalists, aid workers, and civil society
    leaders. TFG and AMISOM forces responded to these attacks, which
    sometimes resulted in shelling of civilian-populated areas.
    International human rights observers accused all parties to the
    conflict of indiscriminate attacks, deployment of forces in densely
    populated areas, and a failure to take steps to minimize civilian harm.
        Since the collapse of the Government in 1991, tens of thousands of
    persons, mostly noncombatants, have died in interclan and intraclan
    fighting and factional armed conflict. For example, on April 25, al-
    Shabaab launched mortar attacks on TFG troop's positions, and TFG
    counterattacks killed 16 and injured more than 30 civilians.
        Al-Shabaab and other extremist groups summarily executed an unknown
    number of persons whom they accused of spying for the ``enemy''--the
    TFG and AMISOM--and other specious charges in Somalia's South and
    Central regions. On May 26, for example, an al-Shabaab firing squad
    executed Mohamed Gaboobe, whom al-Shabaab had accused of murder. On
    July 1, al-Shabaab militia executed 20-year-old Mohamed Guleid Hosh,
    who was accused of insulting the Prophet Muhammad. In January 2009 al-
    Shabaab publicly executed by firing squad Abdirahaman Haji Mohamed
    ``Waldire'' after an al-Shabaab court convicted him of espionage and
    apostasy; Ahmed was a prominent Juba Region politician and militia
    leader. On September 28, al-Shabaab publicly executed two young men in
    Mogadishu after an al-Shabaab court convicted them of espionage. On
    July 9, al-Shabaab publicly executed 38-year-old former TFG military
    trainer Ibrahim Abdikadir Hasan by firing squad in Baidoa. Hassan was
    arrested in March on charges of being a spy for Ethiopia. Similarly,
    extremist armed groups in the Juba, Bay, and Bakol regions arrested and
    beheaded several persons they accused of spying. For example, on
    November 10, al-Shabaab militia beheaded four people in Waradhumale in
    Galgaduud Region for their association with ASWJ, a group they
    perceived as having strong ties with the TFG. In addition, on October
    27, al-Shabaab executed two teenage girls, Ayan Mohamed Jama, 18, and
    Huriyo Ibrahim, 15, in the al-Shabaab-controlled town of Belet Weyne
    after an al-Shabaab ``judge'' sentenced the girls to death for spying.
    They were executed while blindfolded and handcuffed after a hearing in
    which no evidence was presented nor was legal representation allowed.
        In July 2009 al-Shabaab from Bay and Bakol regions beheaded an
    elderly disabled man after removing his eyes. In a move to frighten and
    intimidate the citizenry, al-Shabaab reportedly fitted the man's
    spectacles on his dismembered head and publicly displayed it. On July
    26, Hisbul Islam militia in Afgoe, Lower Shabelle, executed a man
    accused of defiling a 12-year-old girl. The man was buried waist-deep
    and pelted with stones until he died. As was common in public
    executions, the militia rounded up members of the community to compel
    them to witness the execution.
        Roadside bombings, suicide attacks, and armed raids targeting TFG
    officials and sympathizers as well as civil society groups continued
    throughout the year. Antigovernment extremist groups were responsible
    for numerous killings of government officials and police. Politically
    motivated killings by al-Shabaab and its affiliates resulted in the
    deaths of several TFG officials and members of the Banadir regional
    administration, including district commissioners and their deputies and
    security and court officials.
        Al-Shabaab claimed responsibility for several attacks against the
    TFG and its supporters during the year. For example, on May 24, al-
    Shabaab claimed responsibility for a landmine explosion at a TFG
    checkpoint in Mogadishu's Buula Hubeey neighborhood that killed three
    TFG soldiers and injured four. The explosion also injured two children.
    On June 9, an explosion of a remote-controlled device killed nine TFG
    police on foot patrol near the police academy, in Mogadishu's Hamar
    Jajab District. Seven civilians were also killed in the attack. On
    August 17, a remote-controlled roadside explosion targeting Guriel
    District Commissioner Osman Isse Nur ``Tar-dhuleed'' injured two of his
    children who were riding in the car with him. ASWJ militia arrested 10
    suspects in the attack.
        The TFG's Waberi police station commander was killed during August
    23 to 25 clashes between the TFG and al-Shabaab. On August 24, an al-
    Shabaab armed raid and subsequent suicide attack on a Mogadishu hotel
    killed 31 persons, including four MPs. On September 20, AMISOM
    peacekeepers killed a lone gunman reportedly on a suicide mission as he
    tried to gain access to the presidential palace. The gunman belonged to
    extremist group Hisbul Islam and reportedly intended to kill his uncle,
    the interior minister. Unlike in 2009, there were no reports of al-
    Shabaab taking TFG forces hostage or summarily executing any security
    officers.
        There were no reported cases of TFG security forces killing
    civilians whom they suspected of planning attacks or giving information
    to antigovernment forces, as was common in previous years; however,
    civilians were killed or injured during clashes between members of the
    TFG's security forces and affiliated militia in parts of Mogadishu. For
    example, on February 10, armed clashes between TFG police and military
    killed four and wounded several others in Hamar Jajab District. On
    April 28, crossfire among TFG militia in Wadajir District reportedly
    killed three and wounded another seven. Similar clashes in Madena
    District the following day killed two persons and wounded five. On June
    28, fighting between TFG-allied militia along Mogadishu's Afgooye-
    Mogadishu road killed two persons. Clashes erupted when the militia
    disagreed over extortion fees collected from vehicles at a check point.
    Such intra-TFG militia clashes reportedly occurred when other security
    forces intervened to stop looting and extortion, when militia disagreed
    on the sharing of the loot, or over unpaid allowances.
        Unlike in previous years, security forces did not kill persons
    waiting for food aid.
        No action was taken against security officials responsible for
    civilian deaths during the year.
        During the year TFG forces and AMISOM peacekeepers disrupted
    several al-Shabaab attempts to topple the TFG from power. For example,
    on April 27, AMISOM peacekeepers destroyed an explosives-laden truck as
    it approached an AMISOM base in Mogadishu. All three suicide bombers in
    the truck were killed, and two peacekeepers were injured. On September
    9, al-Shabaab claimed responsibility for twin suicide truck bomb
    explosions near the Mogadishu international airport. AMISOM reportedly
    shot five bomb-strapped al-Shabaab militia as they tried to sneak into
    the airport during the resulting mayhem. Four civilians and three
    peacekeepers were killed in the attack.
        In 2009 al-Shabaab killed nearly 120 persons and injured
    approximately 200, mostly civilians, in eight suicide attacks against
    TFG and AMISOM targets. Of these, the December 2009 suicide bombing at
    the Benadir University graduation was the deadliest; the attack killed
    22 civilians, including three TFG ministers, and injured as many as 50
    other civilians.
        Few cases of land mines and unexploded ordinance (UXO) were
    reported during the year compared with 2009. However, antipersonnel and
    antitank land mines, most of them remotely controlled, were frequently
    deployed by antigovernment groups against TFG forces, its allied
    militias, and civilians. For example, on September 1, a landmine
    explosion along Mogadishu's industrial road killed an estimated nine
    and injured 25, all of them passengers on three public transport
    vehicles.
        On January 7, a remotely detonated landmine blew up a car in a
    convoy of vehicles transporting General Mohamed Gele Kahiye, TFG
    military chief, killing two of his security guards and injuring six
    soldiers. On July 26, extremist groups targeted TFG Mogadishu
    administrators with two bombs, causing several civilian casualties. Two
    TFG soldiers were killed and four wounded in a roadside explosion which
    went off in the Alqalow neighborhood in Wadajir District. A similar
    attack on TFG troops on patrol killed three and injured two.
        On August 4, a bomb killed eight women and injured many others
    working in an employment program to clean up areas of Mogadishu. This
    was the second time female volunteers were targeted in Mogadishu.
        Armed extremists' destruction of Sufi shrines degenerated into
    attacks on places of worship. In purported intra-extremist violence on
    May 1, twin explosions inside a packed mosque in Mogadishu's Bakara
    market killed 45 worshippers and injured an estimated 100, including
    top leaders of al-Shabaab and its allied militia. Another mosque attack
    on May 2 killed two and injured 13 after prayers in the al-Shabaab-
    controlled port town of Kismayo.
        Attacks on and harassment of humanitarian, religious, and NGO
    workers resulted in numerous deaths during the year.
        Unlike previous years when UXO killed several children, there were
    no reported incidents of children killed or injured in UXO-related
    accidents. However, violence in Mogadishu affected many children.
    According to UNOCHA, the World Health Organization estimated 262
    children were among the 1,025 patients treated in the two main
    hospitals in Mogadishu.
        Land mines killed or injured police officers and local
    administrators. For example, on May 12, former Mogadishu governor
    Mohamed Omar Habeeb ``Mohamed Dheere'' escaped a roadside explosion.
    The explosion killed one and injured three of his guards. On May 24, a
    remote-controlled roadside bomb intended for Middle Shabelle Governor
    Mohamud Ali ``Jowhar'' injured one of his assistants. On May 27, a
    roadside explosion targeting a government minister's convoy in the KM4
    area of Mogadishu killed one civilian and wounded two children.
        On November 3, a landmine explosion killed several nomadic people
    and injured others in Ilguule, Guriel District, after it blew up a
    vehicle they were travelling in. On December 5, three people were
    injured in a landmine explosion that destroyed a vehicle in Goldogob,
    Mudug Region.

        Physical Abuse, Punishment, and Torture.--On April 26, in
    Mogadishu's Deyniile District, al-Shabaab chopped off the right hand of
    an alleged thief and executed an accused murderer. An al-Shabaab
    ``Sharia'' judge claimed Shiine Abukar Hersi, whose right hand was
    amputated, was charged with stealing used bedding. An al-Shabaab firing
    squad executed Mohamed Ahmed Qasim, whom the al-Shabaab judge accused
    of murder. On July 16, al-Shabaab militia amputated the right hands of
    two young men in Balad. The al-Shabaab court convicted the two, Murshid
    Ahmed Adan and Hassan Omar Mohamed, of robbery. The al-Shabaab judge
    claimed Aden and Mohamed confessed to stealing 45 million Somali
    shillings ($1,400) and two million Somali shillings ($60) respectively.
    As in previous years, al-Shabaab carried out these amputations and
    other violent physical punishment in front of community members whom
    they forced to attend. Al-Shabaab carried out numerous other crude
    punishments on specious grounds in areas under their control in South
    and Central Somalia.
        Al-Shabaab used torture on TFG members and individuals suspected to
    be sympathetic to the Government.
        Unlike previous years, there were no reports of extremist groups
    using crude weapons to cause physical and psychological harm. In 2009
    al-Shabaab militia reportedly molded plastic into sharp tools that they
    used as torture instruments.
        On August 16, a passerby rescued an unconscious man who was dumped
    in Dayniile. The man indicated that al-Shabaab militia members had
    abducted him and two others from their workplace in the Bakara market
    and cut out their tongues; the two other men had already bled to death.
    Al-Shabaab targeted them on suspicion that they were spies. On April
    24, five headless bodies were found in Mogadishu; residents identified
    the victims as construction workers who participated in the renovation
    of Somalia's former parliament building. Observers believed that al-
    Shabaab targeted these men for ``aiding the enemy.''

        Child Soldiers.--The recruitment and use of children in militias
    and other fighting forces was a longstanding practice in the country
    and continued during the year. Without established birth registration
    systems, it was often difficult to determine the exact age of persons,
    including recruits to armed groups. The July 2009 report of the UN
    Security Council Working Group on Children and Armed Conflict cited the
    TFG, Ahlu Sunna wal Jama'a, al-Shabaab, Hisbul Islam, clans, and the
    Puntland regional administration as continuously recruiting children
    into their militias. In May the UN Children's Fund (UNICEF) and the
    Office of the Special Representative of the Secretary General (SRSG)
    for Children and Armed Conflict reported an increase in the recruitment
    of children, some as young as nine, in armed conflict in Somalia. In
    response, TFG Prime Minister Mohamed Abdullahi Mohamed committed his
    government to eradicating the practice in a meeting with this SRSG and
    agreed to designate a focal point to work with the UN to pave the way
    towards the signing of an action plan and an official agreement to
    secure and verify the release of child soldiers.
        The TFG did not conscript or condone the recruitment of child
    soldiers for use by its National Security Force or allied fighting
    units. However, there were reports that a small number of under-age
    persons remained associated with TFG forces, and the TFG pledged to
    address this issue comprehensively. Children were most heavily
    recruited and forcibly conscripted by clan militias and antigovernment
    groups.
        Al-Shabaab conscripted children into armed conflict and military
    operations in addition to using them to plant roadside bombs and other
    explosive devices. According to the UN, al-Shabaab recruited children
    as young as eight from schools and madrassas and trained them to plant
    bombs and carry out assassinations for financial reward. In May 2009
    TFG police arrested 11 minors who had been kidnapped in Lower Shabelle
    Region and forced into al-Shabaab militias. All of the children were
    subsequently released to their parents or guardians. In Kismayo,
    Baidoa, and Merka, al-Shabaab forced boys 15 and older to fight as
    ``mujahedeen'' or face execution. In 2009 al-Shabaab killed an
    estimated 16 teenagers after they refused to become al-Shabaab
    fighters.
        Because of the risk in intervening directly with militia groups,
    UNICEF protection partners engaged in low-profile condemnation of child
    recruitment while undertaking public education and youth empowerment
    initiatives. UNICEF also assisted the TFG in preparing an action plan
    that would include measures to screen its troops, as well as establish
    mechanisms to prevent further child recruitment.
        The Somaliland constitution contains no minimum age for recruitment
    into the armed forces, but there were no reports of minors in its
    forces.

        Other Conflict-Related Abuses.--Deteriorating security conditions
    complicated the work of local and international organizations,
    especially in the South. During the year attacks on NGOs, seizure of
    NGO premises, and looting hindered humanitarian aid delivery. As a
    result of killings, extortion, threats, and harassment, some
    organizations evacuated their staff or halted food distribution and
    other aid-related activities. In addition, al-Shabaab banned an
    unprecedented number of international NGOs from areas under its
    control, and several other international NGOs were forced to scale down
    their humanitarian operations after refusing to agree to al-Shabaab
    extortion demands.
        During the year piracy off the coast continued; the International
    Maritime Bureau identified the country's territorial waters as the most
    dangerous in the world. Pirates increased hijackings and unsuccessful
    attacks on vessels off the Somali coast, despite increased
    international attention. Fewer incidents occurred in the Gulf of Aden
    because of increased patrols, but there were more attacks further
    offshore. Most of the ships continued to be brought into the waters off
    the coast of Puntland and held near the coastal towns of Eyl, Hobyo,
    and Haradere. Fueled by lucrative ransoms, these towns developed a
    burgeoning industry to support the pirates and their hostages.
    Following ransom payments, which in some cases reached several millions
    of dollars, the hijacked vessels and hostages were often released. In
    each instance, crews were held hostage until a ransom was paid.
        Puntland security forces made little progress against pirates
    operating along the coast, but there were some signs of progress over
    the year. During raids on pirates' hideouts, Puntland security arrested
    several suspected pirates, and some were sentenced to long jail terms
    in subsequent trials. Clan elders and religious groups continued
    sensitization efforts begun in 2009 in Puntland's coastal towns to
    demobilize pirates and discourage youth from joining them. In part due
    to their efforts, several former pirates renounced piracy. On June 16,
    the Puntland administration, with the support of an NGO, enrolled
    several reformed pirates in a vocational training center in Garowe to
    acquire technical skills.
        On May 18, Puntland police arrested 10 pirates, including pirate
    cartel leader Abshir Abdullahi Boyah, and seized ransom money and a
    vehicle in Garowe. On June 3, Puntland police rescued a ship and 24
    crew members from pirates who had hijacked it the day before. Police
    arrested 10 suspected pirates in the rescue operation, which left two
    police officers injured. Puntland contracted a private security firm to
    assist in its counterpiracy efforts. The firm, billed as a ``Public
    Private Partnership'' by the Puntland administration, is reportedly
    providing training to hundreds of antipiracy militia.
        On October 11, armed pirates ambushed the Puntland minister of
    ports' convoy in the Jariban, Mudug Region, where the minister was
    visiting coastal communities to advocate against piracy. The pirates
    reportedly took the minister hostage after brief armed clashes with the
    minister's security. The pirates set him free several days later
    following the intervention of clan elders who negotiated for his
    release.
        Twenty-two vessels and an estimated 600 crew members remained in
    the custody of Somali pirates.
        While the TFG did not hamper humanitarian aid delivery, it was
    unable to prevent attacks on UN and NGO personnel and assets. The
    deteriorating security situation and continued targeting of national
    and international relief organizations presented significant challenges
    to humanitarian operations, particularly in the South and parts of
    Central Regions. The Inter-Agency Standing Committee on Somalia report
    released in October notes that ``between October 2008 and September
    2010, eighteen humanitarian organizations have stopped activities due
    to their direct expulsion by armed groups or as a consequence of
    interference in their programs. This interference ranges from
    'taxation' and extortion to the seizure of compounds, supplies, and
    assets.'' Although humanitarian access constrictions experienced in
    2009 continued, there was a significant reduction in the number of
    violent incidents involving humanitarian workers and assets. UNOCHA
    reported 34 security incidents were directed at humanitarian workers or
    assets between January and August, compared with 68 during the same
    period in the previous year. This decrease could be attributed to the
    more limited presence of international staff, loss of compounds, and
    strict changes in and adherence to security protocols.
        According to the UN secretary general's September 9 report on
    Somalia, ``[insecurity] hampered United Nations operations in Somalia,
    limiting freedom of movement for United Nations staff and
    contractors.'' According to the report, al-Shabaab seized the compound
    of the UN World Food Program (WFP) and the houses of six national staff
    in Wajid and attempted to loot non-food items from the WFP compound in
    Buaale.
        In its August humanitarian overview report, UNOCHA reported that
    Puntland had experienced some access problems, especially in July and
    August, as a result of internal conflicts and looting of relief food
    supplies and assets. Access was generally good in Somaliland. There was
    a reduction in attacks on humanitarian personnel but a marked increase
    in al-Shabaab raids on UN and international NGO compounds, offices, and
    warehouses, in which they looted humanitarian supplies, food,
    equipment, and other assets.
        Two aid workers were killed during the year, down from 10 the
    previous year. At year's end, 10 humanitarian workers who were
    previously abducted still remained unaccounted for. Relief agencies
    continued to operate with significantly reduced or no international
    staff. Aid agencies increasingly relied on local Somali staff, who were
    also under threat, and partnerships with local implementing
    organizations to deliver relief assistance to vulnerable beneficiaries.
        On April 27, unidentified gunmen killed Mohamed Mayow Mohamed, an
    employee of a local NGO that supplies water to camps for internally
    displaced persons (IDPs) around Mogadishu. On June 18, unknown armed
    persons kidnapped Said Moalin Bashir, a Mine-Action employee. On August
    30, a Mogadishu nurse reportedly was abducted as she left work. The
    kidnappers set the nurse free on September 3, reportedly without
    receiving any ransom payment.
        Al-Shabaab banned approximately 10 international NGOs from working
    in areas under its control. Several other NGOs suspended their
    operations, being unable to meet extortion demands. On January 22, al-
    Shabaab militia raided World Health Organization and Save the Children
    premises in Beledweyne and looted computers and other equipment after
    briefly holding local staff hostage. On April 8, al-Shabaab stormed and
    took over the WFP compound in Wajid, Bakol Region. Al-Shabaab also took
    control of Wajid's airstrip, which was the largest humanitarian hub in
    south and central Somalia.
        On August 31, al-Shabaab attacked and occupied international NGO
    Adventist Relief and Development Association's offices in Beledweyne
    and Bulaburde towns, Hiran Region. Evacuating the offices the same day,
    al-Shabaab took with them equipment such as computers and furniture.
    The organization had been implementing education and livelihood
    projects, and 180,000 beneficiaries were affected by its closure.
        There were no developments in kidnapping cases from 2008 and 2009.
    The estimated10 aid workers kidnapped in 2008 and 2009 remained in
    captivity at year's end.
        In 2008 simultaneous explosions in Hargeisa targeting the UNDP, the
    Somaliland Elections Commission, and the Ethiopian embassy, as well as
    Puntland administration offices in Bossasso, killed 20 persons and
    injured 37. On May 28, a Hargeisa regional court arraigned 11 suspects
    in the attack. In July the court acquitted nine of the suspects for
    lack of evidence and sentenced two others to a jail term of 18 months
    each for obstruction of justice. The court also delivered in absentia
    death sentences to five suspects who were on the run. On September 16,
    Somaliland security arrested Osman Yusuf Odawa, one of the suspected
    masterminds who had already been sentenced to death by hanging; he
    remained in custody awaiting the implementation of this sentence.
    Section 2. Respect for Civil Liberties, Including:

        a. Freedom of Speech and Press.--The TFC and the Somaliland
    constitution provide for freedom of speech and of the press. The
    Puntland interim constitution provides for press freedom ``as long as
    journalists respect the law''; however, this right was not respected in
    practice. Instances of violence, including murder, harassment, arrest,
    and detention of journalists in all regions of Somalia continued.
    Journalists engaged in rigorous self-censorship to avoid reprisals.
        The print media throughout Somalia consisted largely of short,
    photocopied dailies published in the larger cities and often affiliated
    with one or another of the factions. Several of these dailies were
    nominally independent and published criticism of political leaders and
    other prominent persons.
        In Somaliland there were seven independent daily newspapers. There
    was also one government daily and two English-language weekly
    newspapers. There were three independent television stations and one
    government-owned station. Although the Somaliland constitution permits
    independent media, the Somaliland government consistently prohibited
    the establishment of independent FM stations. The only FM station in
    Somaliland was government owned.
        Most citizens obtained news from foreign radio broadcasts,
    primarily the BBC's Somali Service and the Voice of America's Somali
    Service, which transmitted Somali-language programs daily. There were
    reportedly eight FM radio stations and one short-wave station operating
    in Mogadishu. A radio station funded by local businessmen operated in
    the south, as did several other small FM stations in various towns in
    the central and southern areas of the country. There were at least six
    independent radio stations in Puntland. Conditions in the country
    precluded a full accounting of all media; there were numerous small,
    relatively unknown local FM radio stations throughout the country. On
    March 28, in Kismayo, al-Shabaab opened an FM radio station.
        Unlike in the previous years, journalists did not receive direct
    threats from the TFG. However, al-Shabaab and other extremists
    continued to harass journalists, and the overall climate for freedom of
    speech and press deteriorated. Journalists reported that al-Shabaab
    threatened to kill them if they did not report on antigovernment
    attacks conducted by al-Shabaab. Reporters also remained under threat
    if they published criticism of the Government. The Kismayo al-Shabaab
    administration continued to enforce rules for journalists, including a
    requirement to refrain from reporting news that undermined Islamic law.
        Journalists and media organizations in Puntland and Southern
    Somalia reported harassment, including killings, kidnappings, detention
    without charge, and assaults on persons and property. As in previous
    years, experienced field reporters and senior editors fled the country
    due to direct threats from antigovernment groups.
        During the year two journalists were killed in targeted or
    collateral incidents, down from nine in 2009. On May 4, al-Shabaab
    claimed responsibility for the murder of Sheikh Nur Mohamed Abkey, a
    journalist with the Somali government's Somalia National News Agency.
    On August 24, journalist Garkhat Awale was killed while working on the
    Hurma Radio transmitter in Mogadishu. It is unclear whether he was
    targeted or hit by a stray bullet.
        There were no arrests in connection with any killings or attempted
    killings of journalists during the year.
        Unlike previous years, there were no reports that the TFG or
    Somaliland ordered the arrest of journalists.
        During the year there continued to be incidents of banning
    journalists and arresting them in the Puntland Region. For example, on
    August 10, Puntland authorities banned Nuh Musse Birjeeb, a contractor
    for Voice of America, from reporting; Birjeeb had conducted an
    interview with an Islamic insurgent leader. Days later, the Puntland
    information minister lifted the ban. On August 13, Abdifatah Jama Mire,
    director of radio station Horseed Media, was arrested for broadcasting
    an interview with an armed Muslim extremist leader active in Puntland.
    Seventeen hours later, Mire was sentenced to six years in prison for
    his actions. At year's end his case was being appealed. On August 15,
    the Puntland information minister banned media from reporting on
    violent extremist leaders active in Puntland.
        Several broadcasting stations were closed or expropriated by
    extremist administrations during the year. For example, on March 24,
    al-Shabaab took over radio stations in Kismayo and Baidoa. On August
    23, al-Shabaab militia expropriated privately owned Radio Holy Qur'an
    and continued to use the station's radio frequency for its propaganda.
    The original owners relocated to TFG-controlled areas of Mogadishu and
    started broadcasting in an attempt to reclaim the station's brand. In
    September al-Shabaab closed and looted Hornafrik. In April 2009 al-
    Shabaab closed Radio Mandeeq after it broadcast news about a clan
    dispute. Also in April 2009, the al-Shabaab administration in Baidoa
    closed Radio Jubba and detained three journalists who were freed the
    following day after an agreement that the station would no longer
    broadcast music. In September 2009, al-Shabaab ordered the closure of
    Radio Warsan, a local FM station in Baidoa, and detained the radio's
    director, Hilal Sheikh Shuayb. He was reportedly arrested for failure
    to obey al-Shabaab's order for radio stations to stop broadcasting
    advertisements with music and to broadcast the call for prayer. He was
    released after two days in detention.
        Journalists reported continued pressure from al-Shabaab and
    opposition elements to provide favorable reporting for each side, with
    threats of reprisal if reporting was perceived to be critical of them.
    On March 18, al-Shabaab warned the director of Shabelle Radio not to
    air information about the TFG. The same month al-Shabaab arrested two
    other journalists in Gedo Region for reporting unfavorably about the
    group. The journalists, who worked for Somali Broadcasting Corporation
    and Somaliweyn Radio, were held for three days, during which time they
    were beaten and drenched with mud, according to their statements to the
    media. On April 13, al-Shabaab banned all Somali radio stations from
    playing music. Many complied under the implied threat of violence.
        Unlike in previous years, there were no reports that the TFG
    pressured journalists to produce positive reporting.

        Internet Freedom.--There were no government restrictions on access
    to the Internet; however, extremists in Mogadishu reportedly closely
    monitored Internet use and were believed to be the authors of anonymous
    e-mail threats to local journalists. Media outlets continued to create
    Web sites associated with their broadcast operations, resulting in a
    proliferation of news-oriented Somali language Web sites. According to
    International Telecommunication Union statistics for 2008,
    approximately 1 percent of the country's inhabitants used the Internet;
    however, independent researchers noted this figure may be higher
    because Internet users frequently accessed the technology in cyber
    cafes and other public centers and Somalia's Internet country domain
    was not in use at the time; the domain was still not in use at year's
    end.

        Academic Freedom and Cultural Events.--There were several
    functioning universities-three each in Mogadishu, Somaliland, and
    Puntland. Dozens of others existed only in name. Authorities imposed
    restrictions on academic freedom, and academics practiced self-
    censorship. In Puntland, a government permit was required to conduct
    academic research.
        During the year there were fewer direct attacks on schoolchildren,
    teachers, and schools across the country. Most attacks involved
    indirect or stray fire on children and schools due to fighting or
    mortar shelling in Mogadishu. In one case, university students
    reportedly were among nine killed when a roadside bomb, probably
    intended for AMISOM troops, hit a minibus on August 31. Unlike in
    previous years, TFG forces were not responsible for any of these
    attacks. Al-Shabaab, other antigovernment groups, and ordinary
    criminals were responsible for targeted attacks.
        There were no developments in the 2008 incident in which TFG
    security forces stormed the Somali Youth League Primary and Secondary
    school and the Imam Shafi'i Primary School in Mogadishu.
        Al-Shabaab and armed militia associated with the former Union of
    Islamic Courts attacked schools and killed teachers and other education
    workers. For example, in February 2009, unknown armed militia
    forcefully entered Yusuf Kownayn School in Mogadishu's Wadajir
    District. The militia reportedly robbed, beat up, and harassed teachers
    and students.
        There were no official restrictions on attending cultural events,
    playing music, or going to the cinema outside of al-Shabaab controlled
    areas. However, the security situation effectively restricted access to
    and organization of cultural events.

        b. Freedom of Peaceful Assembly and Association.--Freedom of
    Assembly.--The TFC, Somaliland, and Puntland constitutions provide for
    freedom of assembly; however, the lack of security effectively limited
    this right in many areas. Unlike in previous years, there were no
    reports of security forces in Somaliland, Puntland, and TFG controlled
    areas employing excessive force to disperse demonstrators. However,
    freedom of assembly and/or association was extremely curtailed. Al-
    Shabaab did not allow gatherings of any kind without prior consent from
    its militia.
        Somaliland security agents often prevented opposition parties from
    organizing public gatherings and demonstrations until after the
    Somaliland Electoral Commission officially opened campaigns for
    presidential elections in May.
        There were no updates on the 2008 and September 12 killings of
    demonstrators in Somaliland and Mogadishu, respectively, and neither
    the TFG nor the Somaliland administration took action to punish the
    police perpetrators.

        Freedom of Association.--The TFC provides for freedom of
    association, and unlike in previous years, there were no reports that
    the TFG restricted freedom of association.
        The Puntland interim constitution provides for freedom of
    association; however, the Puntland administration continued to ban all
    political parties.
        The Somaliland Constitution provides for freedom of association,
    and this right was generally respected in practice.

        c. Freedom of Religion.--For a complete description of religious
    freedom, please see the Department of State's 2010 International
    Religious Freedom Report at www.state.gov/g/drl/irf/rpt.

        d. Freedom of Movement, Internally Displaced Persons, Protection of
    Refugees, and Stateless Persons.--The TFC, the Puntland interim
    constitution, and the Somaliland constitution provide for freedom of
    movement; however, this right continued to be restricted in some parts
    of the country. There was a general reduction of checkpoints prevalent
    in South and Central regions in Somalia since 2009, and Puntland
    security forces dismantled ad hoc checkpoints run by armed clan
    militias. However, ad hoc checkpoints operated by armed militias, clan
    factions, TFG-allied groups, and al-Shabaab and its affiliates
    inhibited passage and exposed travelers to looting, extortion, and
    harassment, particularly civilians fleeing conflict. Few citizens
    possessed or had the means to obtain documents needed for international
    travel.
        The law does not prohibit forced exile. Somaliland laws prohibit
    Somalilanders from participating in TFG politics. Over the year,
    Somaliland authorities banished several prominent TFG politicians who
    were serving or had served in TFG as MPs or ministers from Somaliland.
    On December 13, Somaliland's president, through a presidential decree,
    pardoned Mohamed Abdullahi Jama ``Sifir,'' a prominent TFG politician
    who once served as an MP, deputy prime minister, and minister in the
    TFG, following Sifir's application expressing his recognition of
    Somaliland's separate status from that of Somalia.
        During the year there were no organized repatriations to any region
    except the aforementioned estimated 1,000 persons that Puntland
    expatriated to South Galkayo.

        Internally Displaced Persons.--UN agencies estimated that since
    January 2007 more than 1.2 million persons had fled their homes in
    Mogadishu and its surroundings as a result of targeted attacks by al-
    Shabaab and continued conflicts between TFG forces and antigovernment
    groups. The Somalia office of the UNHCR, based in Kenya, estimated that
    there were 1.46 million IDPs in the country as a result of internal
    conflict, flooding, droughts, and other causes going back to the early
    1990s but with much higher numbers in recent years.
        Many of the newly displaced lived without basic services, primarily
    settling on the Afgooye corridor between Mogadishu and Baidoa. Militia
    groups aligned with both sides of the conflict restricted IDP access
    during food distributions. The deterioration in security severely
    restricted the movement of aid workers and the distribution of urgently
    needed assistance to IDPs. Increased targeting of aid workers,
    ``taxes'' and extortion demands on humanitarian aid, and al-Shabaab's
    expulsion of WFP in January made it more difficult to deliver basic
    services.
        Authorities in Puntland forcefully repatriated Somalis from South
    and Central regions allegedly for being behind a spate of insecurity in
    Puntland cities. Puntland's political leadership has over the years
    consistently claimed persons from South and Central Somalia were
    responsible for increased insecurity in the region; IDPs in general
    were regarded with suspicion-as al-Shabaab supporters or criminals by
    locals. At year's end news reports highlighted the ongoing issue of
    sexual and gender-based violence against IDP women living in Somalia,
    primarily around Galkayco. The UNHCR acknowledged that perpetrators
    were primarily young men from the local area who take advantage of
    weakened clan protection among IDPs to act with impunity. Lack of a
    proper judicial system and weak police intervention prevented survivors
    from bringing prosecutions against perpetrators.
        Authorities in Puntland forcefully repatriated Somalis from South
    and Central regions allegedly for being behind a spate of insecurity in
    Puntland cities. Puntland's political leadership has over the years
    consistently claimed persons from South and Central Somalia were
    responsible for increased insecurity in the region.

        Protection of Refugees.--The TFC states that political asylum may
    be granted to persons who flee their or another country because of
    political, religious, and cultural persecution. However, there was no
    official system for providing such protection. The authorities provided
    some protection against the expulsion or return of refugees to
    countries where their lives or freedom would be threatened, and in
    practice the authorities granted refugee status or asylum.
        The UNHCR reported that at year's end there were 1,800 refugees
    residing in Somalia and 24,415 asylum seekers in Somaliland and
    Puntland, a slight increase over 2009. Refugees and asylum seekers were
    mainly from the Oromiya and Ogadeni regions of Ethiopia. With the
    absence of a formal national asylum framework, refugees in Somaliland
    and Puntland face arbitrary detention and discrimination and have
    limited access to justice and protection through local systems.
        Human rights organizations estimated there were as many as 1.46
    million Somalis displaced due to conflict, food shortages, and
    inflation. According to a November UN Somalia humanitarian overview
    report, ``The number of people in need of humanitarian assistance
    reduced by 25 percent to two million people, in part due to the good
    harvest.'' However, insecurity in the south and central regions limited
    the access of UN and international aid workers. UN agencies reported
    that 10 humanitarian workers were killed during the year. Somaliland
    authorities cooperated with the UNHCR and other humanitarian
    organizations in assisting refugees and asylum seekers.
        The UNHCR estimated that during the year more than 40,000 citizens
    attempted more than 900 illegal boat crossings from Somaliland,
    Puntland, and neighboring Djibouti to Yemen, resulting in at least 273
    confirmed deaths. By the end of November, there were 44,216 recorded
    new arrivals in Yemen, a 12.4 percent reduction in the number of new
    arrivals during the same period in 2009. The decline was due, in part,
    to the measures taken by the Puntland authorities to discourage human
    smuggling from Bossaso to Yemen. The UNHCR estimated that 165,201
    Somali refugees were in Yemen at the end of 2010.
        In 2007 the Kenyan government closed its border to all traffic to
    and from Somalia, although it later allowed humanitarian relief
    supplies to enter Somalia across its shared border on a case-by-case
    basis. Despite the border closure, 58,561 asylum seekers were at the
    already-overcrowded Dadaab refugee camp in Kenya. During the year Kenya
    announced that it would set up a screening center at the Liboi border
    to ensure only genuine refugees were allowed into the camps. In the
    same period, an estimated 23,356 asylum seekers entered Ethiopia,
    bringing the number of Somali refugees there to more than 77,000. By
    the end of the year, the Bolkamayo camp in southeastern Ethiopia had
    already reached its capacity of 20,000 refugees. The UNHCR estimated at
    year's end that it was providing humanitarian assistance and protection
    to more than 623,408 Somalis in Kenya, Yemen, Ethiopia, Djibouti,
    Tanzania, Eritrea, and Uganda.
        During the year there continued to be reports that Somali women,
    girls, and in isolated cases, men were raped in refugee camps in Kenya.
    Section 3. Respect for Political Rights: The Right of Citizens to
            Change Their Government
        The TFG failed to make progress on prescribed tasks necessary for
    transition to a popularly elected federal government. In January 2009
    the Djibouti Process expanded parliament and extended the TFG mandate
    until August 2011 to provide more time to prepare the country for
    national elections. However, like the administrations that preceded it,
    the TFG administration was wholly unsuccessful in delivering on its
    core transitional tasks.
        Unlike in previous years when clan leaders operated as de facto
    rulers in most regions under the nominal control of the TFG, much of
    the country remained under the rule of armed militias during year, many
    associated with the al-Shabaab terrorist group. Although al-Shabaab
    often collaborated with clan leaders in the areas it controlled, many
    clan leaders continued to face opposition from intraclan groups and
    political factions.
        The Somaliland constitution provides citizens the right to change
    their government peacefully, and citizens exercised this right through
    periodic, free, and fair elections based on universal suffrage.
    Although the constitution of semi-autonomous Puntland provides citizens
    the right to change their government peacefully, only members of
    parliament selected by traditional clan elders exercised this right,
    supposedly acting on the behalf of the people.

        Elections and Political Participation.--The Transitional Federal
    Charter is the legal framework for the transitional federal
    institutions of parliament and government; the mandate for the TFIs
    expires in August 2011.
        In February 2009 President Sharif appointed Omar Abdirashid Ali
    Sharmarke as the TFG prime minister; Sharmarke was forced to resign in
    September 2010. On October 14, president Sharif appointed Mohamed
    Abdullahi Mohamed ``Farmajo'' as prime minister. A rift between the
    president and the speaker of parliament divided parliament into two
    opposing camps and delayed Farmajo's confirmation until October 31. On
    November 12, Farmajo named an 18-member cabinet almost exclusively
    drawn from the Somali diaspora. The prime minister named nine state
    ministers and 18 deputy ministers.
        Somaliland has a constitution and bicameral parliament with
    proportional clan representation and an elected president and vice
    president. Somaliland authorities have established functioning
    administrative institutions in nearly all of the territory they claim,
    which is the same as the Somaliland state that achieved international
    recognition briefly in 1960 before entering into a union with the
    former Italian colony of Somalia. In a 2001 referendum, 97 percent of
    voters supported Somaliland independence.
        Due in part to concerted international pressure to hold elections,
    the ruling UDUB party of Somaliland President Dahir Riyale Kahin
    abandoned repeated efforts to postpone elections. Elections were held
    on June 26. Independent international and domestic observers described
    the elections as generally free and fair. There were reports of
    government restrictions on opposition parties' access to state-owned
    media, and claims of government use of state resources in elections
    campaigns. At least two incidents of violence against election
    officials carried out by separatist clan militia were reported in parts
    of the disputed Sool and Sanaag regions.
        In 1998 Puntland declared itself a semiautonomous regional
    government during a consultative conference of delegates from six
    regions that included traditional community elders, the leadership of
    political organizations, members of local legislative assemblies,
    regional administrators, and civil society representatives. Puntland
    has a single-chamber quasi-legislative branch called the Council of
    Elders, which has played a largely consultative role. Political parties
    were banned. However, provisions of the Puntland constitution that
    parliament endorsed in June 2009, which called for the establishment of
    multiparty democracy in two years, were not enacted. The new
    constitution limits the number of political parties to three. In
    January 2009 the council elected Abdirahman Mohamed Mohamud ``Faroole''
    as Puntland's president. The former president, General Mohamud Muse
    Hersi ``Adde Muse,'' who was one of several candidates, conceded defeat
    and peacefully handed over power to the new president. Parliamentary
    representatives were seated by their respective clan elders in the six
    administrative regions, and the same 66 representatives announced in
    December 2008 by Puntland's election and ratification commission
    remained in office.
        Somaliland and Puntland continued to contest parts of the Sool and
    Sanaag Regions, as well as the Buhodle District of Togdheer Region
    during the year. Both governments maintained elements of their
    administrations in the Sanaag and Sool Regions, and both governments
    exerted influence in various communities. During the year there were no
    renewed hostilities in Las Anod, Sool Region, between Puntland and
    Somaliland forces. The new Somaliland administration under President
    Mohamed Mohamud ``Silanyo'' called for cooperation between Somaliland
    and Puntland. Claiming a common threat from armed extremist militias,
    the two administrations separately announced readiness to cooperate on
    the security front.
        However, a new separatist clan militia named Sool, Sanaag, and Cayn
    (SSC) emerged. The militia sought to establish an SSC region autonomous
    from both the Somaliland and Puntland administrations within its area.
    The militia clashed with Somaliland forces on several occasions during
    the year. In an effort to find a peaceful solution to the political and
    security situation of the region, President Silanyo formed a
    ministerial commission to produce recommendations on the way forward.
        There were 37 women in the expanded 550-seat TFP; there were only
    seven women selected as MPs out of the additional 275 MPs that were
    appointed when the ARS entered the TFG. The number fell short of the
    TFC requirement that at least 12 percent of parliamentary seats be
    reserved for women.
        Despite low female representation in the Somaliland administration,
    President Silanyo appointed three women to his new 26-member cabinet.
    There were only two women in the 82-member lower house of parliament,
    but for the first time a women sat in the Somaliland lower house after
    taking over the position left vacant by her deceased husband.
        In Puntland there have never been any women on the Council of
    Elders. In December 2008, two women were selected as representatives to
    the 66-member parliament, reduced from five in the previous parliament.
    Only three women were appointed to Puntland's 40-member cabinet and
    only one as a full minister.
        There were 60 members of Somali minority ethnic groups in the TFP
    and four in the TFG cabinet. There were no members of minority groups
    in the Somaliland or Puntland cabinets.
    Section 4. Official Corruption and Government Transparency
        The law does not provide criminal penalties for official
    corruption, and officials engaged in corrupt practices with impunity.
    Corruption marked almost every transaction in the country, and there
    was no regulatory or penal framework in place to combat it. This was
    true even in the provision of humanitarian assistance. A number of TFG
    ministers were named in a March 2010 UN monitoring report as engaging
    in visa-related scams. In response the TFG pledged to investigate.
        Government officials in all three regions were not subject to
    financial disclosure laws.
        There were no laws providing for public access to government
    information.
        After the appointment of Prime Minister Farmajo in October and the
    formation of his new cabinet, TFG anticorruption measures and messages
    increased. Anticorruption measures figured prominently in a TFG draft
    ``Road Map'' that began to circulate in December; these included the
    establishment of a national anticorruption commission and official
    recognition that corruption hinders the overall functions of the
    Government and security sector. Also in December, the TFG released a
    comprehensive budget, the first in 20 years, which the finance and
    treasury minister stated would ``go a long way in fighting
    corruption.'' The TFG streamlined efficient revenue collection at the
    Mogadishu port, the main source of income for the TFG, which led to a
    boost in customs-related revenue.
    Section 5. Governmental Attitude Regarding International and
            Nongovernmental Investigation of Alleged Violations of Human
            Rights
        A number of domestic and international human rights groups operated
    in some areas of the country, investigating and publishing their
    findings on human rights cases; however, security considerations
    constrained their ability to operate freely. In contrast with previous
    years, government officials were responsive to their views, although
    the TFG had limited capacity to implement human rights programs. There
    was also an increase in al-Shabaab's targeting of civil society groups,
    peace activists, media, and human rights and humanitarian
    organizations. The Mogadishu-based Dr. Ismael Jumale Human Rights
    Center (DIJHRC), Elman Peace and Human Rights Center (EPHRC), Peace and
    Human Rights Network , Isha Baidoa Human Rights Organization in the Bay
    and Bakol regions, KISIMA in Kismayo, Coalition of Grassroots Women's
    Organization (COGWO), and other local human rights groups were active
    during the year, although less than previously because of the increased
    targeting by al-Shabaab. The DIJHRC, EPHRC, and COGWO continued to
    investigate and document human rights violations, study the causes of
    the continuing conflict in the Mogadishu area, and conduct human rights
    monitoring. The Mogadishu-based National Union of Somali Journalists
    (NUSOJ) continued to advocate for media freedom throughout the country.
    The Mogadishu-based Center for Research and Dialogue, Puntland
    Development and Research Centre, and several women's NGOs and civil
    society organizations also played a role in promoting intraclan
    dialogue in Puntland and parts of the south central region.
        During the year attacks and incidents of harassment of
    humanitarian, religious, civil society, and NGO workers resulted in
    numerous deaths. Unlike in previous years, TFG officials did not accuse
    NGOs and civil society organizations of siding with opposition groups
    and exaggerating human rights abuses committed by TFG forces, nor did
    the TFG intimidate and arrest NGO workers. However, on numerous
    occasions, al-Shabaab extorted money from local and international NGOs,
    threatening serious consequences for noncompliance. Al-Shabaab militia
    expelled international NGOs, and raided and looted humanitarian
    supplies and equipment from NGO compounds in regions under its control.
        International and local NGOs generally worked without major
    restrictions in Puntland and Somaliland. The TFG did not interfere with
    NGO operations.
        There were numerous occurrences of looting, hijacking, and attacks
    on convoys of WFP and other humanitarian relief shipments during the
    year.
        There were no developments in cases of attacks on aid workers,
    human rights observers, and international NGOs reported in previous
    years.
    Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
        The TFC prohibits discrimination on the basis of gender or national
    origin; however, societal discrimination based on clan and ethnic
    origin, violence against women, and widespread abuse of children
    continued to be serious problems. The Somaliland constitution and the
    Puntland interim constitution prohibit discrimination on the basis of
    gender or national origin, but these rights were not respected in
    practice as there was lack of effective government enforcement of these
    laws.

        Women.--Laws prohibiting rape exist in Puntland, Somaliland, and
    TFG-controlled areas; however, they were not enforced. There were no
    laws against spousal rape. While there were prosecutions of rape cases
    in Puntland and Somaliland, there were no reports of the TFG
    prosecuting rape cases during the year. The UNHCR and UNICEF documented
    patterns of rape perpetrated with impunity, particularly of women
    displaced from their homes due to civil conflict or who were members of
    minority clans. Police and militia members engaged in rape, and rape
    was commonly used in interclan conflicts. Traditional approaches to
    dealing with rape tended to ignore the victim's situation and instead
    communalized the resolution or compensation for rape through a
    negotiation between members of the perpetrator's and the victim's
    clans. Victims suffered from subsequent discrimination based on
    attributions of ``impurity.'' Women and girls in IDP camps were
    especially vulnerable to sexual violence, contributing to the spread of
    HIV/AIDS. In 2008 the UNIE reported that in Mogadishu and Kismayo, IDP
    women and girls, particularly those belonging to minority groups, were
    increasingly the targets of sexual violence by youth gangs. In
    Somaliland gang rape continued to be a problem in urban areas,
    primarily perpetrated by youth gangs, members of police forces, and
    male students. Many of these cases occurred in poorer neighborhoods and
    among immigrants, refugee returnees, and displaced rural populations
    living in urban areas. Many cases were not reported.
        In his September 16 report on the situation of human rights in
    Somalia, the UN independent expert recounted widespread sexual and
    gender-based violence in all regions of Somalia. Domestic violence
    against women remained a serious problem. There were no laws
    specifically addressing domestic violence; however, both Sharia and
    customary law address the resolution of family disputes. Sexual
    violence in the home was reportedly a serious problem, linked to
    general gender discrimination. Women suffered disproportionately in the
    country's civil war and interclan fighting.
        In the country's overwhelmingly patriarchal culture, women did not
    have the same rights as men and were systematically subordinated.
    Polygamy was permitted. Under laws promulgated by the former
    government, girls and women could inherit property, but only half the
    amount to which their minor and adult brothers were entitled.
    Similarly, according to Sharia and the local tradition of blood
    compensation, anyone found guilty of the death of a woman must pay half
    the amount that would be payable to the aggrieved family if the victim
    were male.
        Women do not have the right to decide freely the number, spacing,
    and timing of their children and often faced discrimination, coercion,
    and violence when they attempted to exercise these rights. In part
    because of cultural sensitivities, there was limited information about
    and access to contraception. With inadequate health care, women rarely
    had skilled attendance during childbirth or essential obstetric and
    postpartum care. In Somaliland and Puntland, international programs
    ensured that women were equally diagnosed and treated for sexually
    transmitted infections, including HIV. There were limited programs in
    the southern and central regions, largely because of al-Shabaab's
    access restrictions on humanitarian agencies.
        Many Somali women have assumed a greater burden by becoming the
    sole bread winners for their families. Women form a negligible part of
    those employed in both the formal public and private sectors because of
    disparities in education. Women continue to experience economic
    discrimination in areas under al-Shabaab control because of al-
    Shabaab's extremist position, which regards women's participation in
    economic activities as anti-Islamic. Despite difficult economic
    conditions generally prevalent in Somalia, women were not discriminated
    against in terms of owning or managing businesses. There are no visible
    government efforts in any region of Somalia to combat economic
    discrimination.
        Women's groups in Mogadishu, Hargeisa, Bossaso, and other major
    towns in South Central Somalia, Somaliland, and Puntland actively
    promoted equal rights for women and advocated the inclusion of women in
    responsible government positions, and observers reported some
    improvement in the profile and political participation of women in the
    country.

        Children.--In the absence of functioning central authority, births
    were not registered in Puntland or southern and central Somalia. The
    failure to register births was not a key factor in the denial of public
    services. Birth registration was taken seriously in Somaliland for
    hospital and home births; however, limited government capacity,
    combined with the nomadic lifestyle of many persons, caused numerous
    births to go unregistered. In Puntland citizenship is derived from
    one's parents and not by birth within the region's territory. By
    extension, any child born in Puntland to a father from non-Puntland
    sub-clans is not entitled to Puntland citizenship.
        Primary education was not compulsory, free, or universal in all
    regions of Somalia. Since the collapse of the state in 1991, education
    services have been partially revived in various forms, including a
    traditional system of Qur'anic schools; public primary and secondary
    school systems financed by communities, foreign donors, and the
    administrations in Somaliland and Puntland; Islamic charity-run
    schools; and a number of privately run primary and secondary schools,
    universities, and vocational training institutes. In al-Shabaab-
    controlled areas, ``jihad'' was added to the curriculum of elementary
    schools. There was a continued influx of foreign teachers to teach in
    private Qur'anic schools and madrassas. These schools were inexpensive
    and provided basic education; however, there were reports that they
    required the veiling of small girls and other conservative Islamic
    practices not traditionally found in the local culture. Child abuse and
    rape were serious problems, although no statistics on their prevalence
    were available. UNIE reported that throughout Somalia, ``Rape and other
    grave sexual violence against children continued to be a major
    protection concern.'' There were no known efforts by regional
    governments to combat this practice. Children remained among the chief
    victims of continuing societal violence. UNICEF and other international
    NGO child-protection monitors verified that hundreds of children were
    killed or injured during the year as a direct result of conflict.
        The practice of female genital mutilation (FGM) was widespread
    throughout the country. As many as 98 percent of women and girls had
    undergone FGM; the majority were subjected to infibulation, the most
    severe form of FGM. In Somaliland and Puntland, FGM is illegal, but the
    law was not enforced. UN agencies and NGOs tried to educate the
    population about the dangers of FGM, but there were no reliable
    statistics to measure the success of their programs.
        Child marriage was prevalent throughout Somalia. In rural areas
    parents often married off their daughters as young as age 12.
        Militia members raped children during the conflict and departure of
    civilians from Mogadishu.
        Child prostitution was practiced, and like all other forms of
    prostitution, was legally prohibited in all areas. In al-Shabaab areas,
    the penalty was flogging or even death by stoning. There is no formal
    statutory rape law or minimum age for consensual sex. Child pornography
    is not expressly prohibited.
        Children occasionally were enlisted in the TFG security forces, and
    TFG-allied militias such as ASWJ (see section 1.g.). Antigovernment and
    extremist groups routinely recruited and used child soldiers (see
    section 1.g.).
        The practice of ``asi walid,'' a custom whereby parents placed
    their children in prison for disciplinary purposes and without any
    legal procedure, continued. Many of these juveniles were incarcerated
    with adults.
        UNICEF and the UNDP started a project to provide abandoned children
    and child prisoners with legal and other protection assistance. The
    juvenile justice program also educated justices and lawyers about human
    rights problems for children.
        The country is not a party to the 1980 Hague Convention on the
    Civil Aspects of International Child Abduction.

        Anti-Semitism.--There is no known Jewish community in the country,
    and there were no reports of anti-Semitic acts.

        Trafficking in Persons.--For information on trafficking in persons,
    please see the Department of State's annual Trafficking in Persons
    Report at www.state.gov/g/tip.

        Persons With Disabilities.--The TFC, Somaliland constitution, and
    Puntland interim constitution all prohibit discrimination on the basis
    of intellectual or physical disabilities. None of the three
    administrations restrict the right of people with disabilities to vote
    or participate in civic affairs.
        The TFC reads that the state is responsible for the welfare of
    persons with disabilities, along with orphans, widows, heroes who
    contributed to and fought in defense of the country, and the elderly.
        The Somaliland constitution notes that the state is responsible for
    the health, care, development, and education of mothers, children, the
    disabled, persons who have no one to care for them, and mentally
    handicapped persons.
        The Puntland interim constitution safeguards and advocates for the
    rights of orphans, disabled persons, and whoever needs the protection
    of the law. There are no laws in any of the three areas to ensure
    building access.
        In the absence of functioning governing institutions, the needs of
    most persons with disabilities were not addressed. Several local NGOs
    in Somaliland provided services for persons with disabilities.
    Associations of persons with disabilities reported numerous cases of
    discrimination.
        There was widespread abuse of persons with mental illness. Without
    a public health infrastructure, there were no specialized institutions
    to provide care or education for the mentally ill. It was common for
    such persons to be chained to a tree or restrained within their homes.

        National/Racial/Ethnic Minorities.--More than 85 percent of the
    population shared a common ethnic heritage, religion, and nomad-
    influenced culture. UNIE estimated that minority groups constitute
    approximately 22 percent of the population. In most areas, members of
    groups other than the predominant clan were excluded from effective
    participation in governing institutions and were subject to
    discrimination in employment, judicial proceedings, and access to
    public services.
        Minority groups and low-caste clans included the Bantu (the largest
    minority group), the Benadiri, Rer Hamar, Brawanese, Swahili, Tumal,
    Yibir, Yaxar, Madhiban, Hawrarsame, Muse Dheryo, Faqayaqub, and
    Somaliland's Gabooye. Intermarriage between minority groups and
    mainstream clans was restricted by custom. Minority groups had no armed
    militias and continued to be disproportionately subject to killings,
    torture, rape, kidnapping for ransom, and looting of land and property
    with impunity by faction militias and majority clan members. Many
    minority communities continued to live in deep poverty and suffer from
    numerous forms of discrimination and exclusion.

        Societal Abuses, Discrimination, and Acts of Violence Based on
    Sexual Orientation and Gender Identity.--Sexual orientation was
    considered a taboo topic, and there was no public discussion of this
    issue in any region of the country. There were no reports of societal
    violence or discrimination based on sexual orientation.

        Other Societal Violence or Discrimination.--Persons with HIV/AIDS
    continued to face discrimination and abuse in their local communities
    and by employers in all parts of the country. UNICEF reported that
    persons with HIV/AIDS were subjected to physical abuse, rejected by
    their families, and subjected to workplace discrimination and
    dismissal. Children with HIV-positive parent(s) also suffered
    discrimination, which hindered prevention efforts and access to
    services.
    Section 7. Worker Rights

        a. The Right of Association.--The 1960 constitution allows workers
    to form and join unions, and the TFG respected this right; however, due
    to the civil war and clan fighting, the only partially functioning
    labor union in the country was the journalist association NUSOJ. Other
    unions existed in name but engaged in no activities during the year.
    The Puntland interim constitution and the Somaliland constitution also
    protect workers' freedom of association; however, labor laws were not
    enforced in the country, resulting in an absence of effective
    protection for workers' rights.
        The Somaliland Trade Union Organization (SOLTUO), formed in 2004,
    claimed to have 26,000 members representing 21 individual unions.
    SOLTUO claimed to be democratic and independent, but it undertook no
    activities during the year.
        The TFC allows unions to conduct their activities without
    interference and grants workers the right to strike. In practice there
    were no reports of workers attempting to strike.

        b. The Right to Organize and Bargain Collectively.--Collective
    bargaining is protected by laws in Somalia, Somaliland, and Puntland,
    but they were generally not enforced.
        Wages and working conditions in the traditional culture were
    established largely on the basis of ad hoc arrangements based on
    supply, demand, and the influence of the worker's clan.
        The TFC allows unions to conduct their activities without
    interference and grants workers the right to strike. There were no
    reports of antiunion discrimination.
        There are no export processing zones.

        c. Prohibition of Forced or Compulsory Labor.--The pre-1991 penal
    code and the TFC prohibit forced or compulsory labor, including by
    children. Children and individuals from minority clans were reportedly
    used in the khat trade as porters, as well in farming and animal
    herding.

        d. Prohibition of Child Labor and Minimum Age for Employment.--The
    pre-1991 labor code and the TFC prohibit child labor; however, child
    labor was widespread.
        Recruitment and use of child soldiers was a problem (see section
    1.g.). Young persons commonly were employed in herding, agriculture,
    and household labor from an early age. Children broke rocks into gravel
    and worked as vendors of cigarettes and khat on the streets. UNICEF
    estimated that from 1999 to 2005, 36 percent of children between the
    ages of five and 14 were in the workforce--31 percent of males and 41
    percent of females. The actual percentage of working children was
    believed to be higher. The lack of educational opportunities and
    severely depressed economic conditions contributed to the prevalence of
    child labor.
        In Somalia the ministries of Labor and Social Affairs and Gender
    and Family Affairs were responsible for enforcing child labor laws. In
    Somaliland it was the Ministry of Family and Social Development, and in
    Puntland it was the Ministry of Labor, Youth, and Sports. In practice
    none of these ministries enforced these laws.

        e. Acceptable Conditions of Work.--Although the TFC and the
    Somaliland constitution both include provisions for acceptable working
    conditions, there was no organized effort by any of the factions or de
    facto regional administrations to monitor acceptable conditions of work
    during the year. There was no national minimum wage. There was no
    information on the existence or status of foreign of migrant workers in
    the country. With an estimated 43 percent of the population earning
    less than 30,000 Somali shillings (less than $1) per day, there was no
    mechanism to attain a decent standard of living for workers and their
    families. During the year high inflation, continued insecurity, and
    other factors significantly decreased the standard of living in all
    areas of the country. By year's end, 3.5 million Somalis required
    emergency humanitarian assistance.

                                   __________

                                  SOUTH AFRICA

        South Africa is a multiparty parliamentary democracy in which
    constitutional power is shared between the president and the
    parliament. A progressive constitution, written after the end of
    apartheid and enshrining human rights, is the source of authority for
    the political system. The country has a population of approximately 50
    million. In April 2009 the country held a largely free and fair
    national election in which the ruling African National Congress (ANC)
    won 65.9 percent of the vote and 264 of 400 seats in the National
    Assembly, which then elected ANC President Jacob Zuma as the country's
    president. Security forces reported to civilian authorities.
        Principal human rights problems included police use of lethal and
    excessive force, including torture, against suspects and detainees,
    which resulted in deaths and injuries; vigilante and mob violence;
    prison overcrowding and abuse of prisoners, including beatings and rape
    by prison guards; arbitrary arrest; lengthy delays in trials and
    prolonged pretrial detention; forcible dispersal of demonstrations;
    pervasive violence against women and children; societal discrimination
    against women, persons with disabilities, and the lesbian, gay,
    bisexual, and transgender (LGBT) community; trafficking in persons;
    violence resulting from racial and ethnic tensions and conflicts with
    foreigners; and child labor, including forced child labor and child
    prostitution.
                            respect for human rights
    Section 1. Respect for the Integrity of the Person, Including Freedom
            From:

        a. Arbitrary or Unlawful Deprivation of Life.--Unlike in the
    previous year, there were no reports of politically motivated killings
    by the Government or its agents; however, police use of lethal and
    excessive force, including torture, against suspects and detainees
    resulted in numerous deaths and injuries. Investigations into some of
    the killings committed during the year were ongoing, and some
    perpetrators had been punished by year's end.
        The country had a high crime rate, and criminals were often better
    armed than police. In October 2009 Fikile Mbalula, the deputy police
    minister, called for the use of firepower against armed criminals,
    which the media and civil society groups criticized as a police ``shoot
    to kill'' policy; President Zuma denied the charge and attributed the
    use of excessive force to a lack of training and resources.
        On September 1, the trial of Inkatha Freedom Party (IFP) member
    Siphamandla Mhlongo, who was being detained for the January 2009
    killing of ANC stalwart Inkosi Mbongeleni Zondi, was remanded to the
    Scottsburg High Court, where a hearing was scheduled for February 2011.
    IFP member Makhosabo Mkhize, who was killed in July 2009 by unknown
    perpetrators, also had been charged in connection with Zondi's killing.
        According to the Governmental Independent Complaints Directorate
    (ICD), there were 294 deaths in police custody and 566 deaths as a
    result of other police action during the year ending March 31, a 6
    percent decrease from the previous year. Of the 860 deaths, 479
    resulted from being shot, 122 from assault, 112 due to suicide, 93 from
    natural causes while in custody, 27 as a result of injuries from being
    struck by a police vehicle, 15 as the result of an auto collision,
    seven as the result of torture, three from suffocation, and two from
    poisoning.
        On April 8, at a tavern in the Free State, Police Constable Elliot
    Khaka shot and killed Sombane Lungile after Lungile allegedly attempted
    to steal a car belonging to another constable who was with Khaka. On
    November 15, the Free State High Court convicted Khaka of murder and
    sentenced him to 12 years' imprisonment.
        On July 12, in Pretoria, police officers shot and killed unarmed
    sound engineer Nkosinathi Ntuli after he allegedly drove headlong into
    oncoming traffic, narrowly avoiding crashing into several police
    officers and other motorists. Ntuli allegedly drove away from where he
    had been stopped and dared police to shoot him, after which police
    fired six shots at his vehicle. Captain Rosina Mabena, Sergeant Lillian
    Tlhapi, Sergeant Jaco Ngobeni, and Warrant Officer Enoch Makgamatha
    were accused of murder and attempted murder and denied bail. After a
    successful appeal to the North Gauteng High Court in November, and
    after agreeing to relinquish their passports, the four were each
    granted bail of 3,000 rand ($420). Their case was postponed to January
    2011.
        On November 25, Riaan Velloen was arrested for driving while
    intoxicated and taken to the Florida police station in Johannesburg. He
    was found dead in his cell the following morning. Friends and family
    accused the police of beating him to death; an ICD investigation was
    ongoing at year's end.
        On November 29, Donnelle Jackson was arrested for armed robbery in
    Sofiatown, Johannesburg. Police claimed that Jackson hung himself in
    his cell with a blanket within three hours of his detention. The ICD
    investigated the incident and recommended that action be taken against
    the police officers involved; no further information was available at
    year's end.
        Information surfaced during the year that in February 2009 members
    of the National Intervention Unit, an elite police unit responsible for
    high-profile cases, shot and killed Bongani Mkhize, chairperson of the
    Maphumulo Taxi Association, allegedly after Mkhize opened fire on them.
    His death, which appeared to be linked to investigations into the
    killing of Police Commissioner Zethembe Chonco, occurred despite a
    ruling three months earlier by the Durban High Court restraining police
    from targeting him. Mkhize was reportedly among a list of suspects in
    the killing, all of whom had been shot and killed by October 2009,
    several after being arrested and interrogated by police, according to
    the Amnesty International Report released in May. Mkhize's family
    employed a private investigator to investigate his death, but had not
    filed charges against the police by year's end. Mkhize's killing was
    investigated by the ICD, which found no evidence of police wrongdoing.
        Amnesty International also reported in May that in October 2009
    police shot an unidentified man suspected of vehicle theft. Witnesses
    heard gunshots and saw the man's body hanging on a security fence near
    an apartment building. Police reportedly attempted to mislead
    independent investigators and also told the media that the man had
    electrocuted himself on the fence. Medical evidence subsequently
    revealed that the man had died from a high velocity gunshot injury to
    his spine.
        The two off-duty police officers who in November 2009 shot and
    killed a street vendor while intoxicated were charged with murder and
    released on bail; their court case was ongoing at year's end.
        The trial of police officer Shadrack Malaka, who was charged with
    killing a three-year-old child in November 2009, was postponed to April
    2011; Malaka was released on bail of 1,000 rand ($140).
        The 14 police officers from the Bellville South Directorate of the
    Directorate of Priority Crime Investigation (DPCI), who allegedly beat
    and whipped to death Sidwell Mkwambi in February 2009, were neither
    suspended nor arrested during the year. The ICD stated an investigation
    produced enough evidence to establish a murder case against the 14
    officers from the specialized unit; however, the director of public
    prosecutions (DPP) had taken no action on the ICD's recommendation by
    year's end.
        Incidents of vigilante violence and mob killings continued,
    particularly in Gauteng, Eastern Cape, and KwaZulu-Natal provinces in
    the rural areas and townships. Unlike in previous years, police efforts
    to control vigilante violence did not result in deaths.
        On August 4, a mob in Lenasia South set on fire a small truck with
    three alleged thieves trapped inside the cab; the three were suspected
    of stealing electricity cables in an informal settlement. Police
    launched an investigation, but no arrests had been made by year's end.
        The trial of ANC municipal councilor Vusi Khoza, Sean Thabo Jacobs,
    Patricia Ballantyne, and Mzokuthoba Mngonyama for their roles in a mob
    attack that resulted in the January 2009 deaths of a Zimbabwean citizen
    and a Tanzanian citizen was ongoing at year's end. Khoza was charged
    with public violence and conspiracy to commit assault; the other three
    were charged with murder.
        Xenophobic attacks on foreign African migrants remained a problem;
    however, attacks did not occur on the scale of previous years (see
    section 6).
        Killings and other violent crimes against white farmers and, on
    occasion, their families, continued in rural areas (see section 6).
        There were reports that persons accused of witchcraft were
    attacked, driven from their villages, and in some cases murdered,
    particularly in Limpopo, Mpumalanga, KwaZulu-Natal, and Eastern Cape
    provinces, where suspected witchcraft sometimes resulted in assault,
    forced exile, and killings, particularly of elderly women. Traditional
    leaders generally cooperated with government educational programs and
    reported threats against persons suspected of witchcraft.
        On February 1, residents attacked and killed Mbongeni Zungu for
    suspected witchcraft; the mob also burned his shack in Umlazi E
    section, KwaZulu-Natal Province. Police charged 11 suspects with
    murder, attempted murder, malicious damage to property, and arson; all
    were subsequently released on bail, and there were no further
    developments by year's end.
        At year's end the 2008 trial continued of two brothers in Eastern
    Cape Province who admitted to killing their younger brother for
    suspected witchcraft.
        Ritual killings (muthi killings), especially of children, to obtain
    body parts believed by some to enhance traditional medicine practices,
    remained a problem; specific muthi killing statistics were unavailable.
        On January 8, the mutilated body of 10-year-old Masego Kgomo was
    found in a clump of bushes near her home in Shoshanguve. Five male
    suspects were arrested and charged with murder and abduction; a sangoma
    (an African practitioner of magic, medicine, and witchcraft) also was
    arrested, but then released for lack of evidence. There were no further
    developments by year's end.

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

        c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
    Punishment.--The constitution and law prohibit such practices; however,
    police officers reportedly tortured, beat, raped, and otherwise abused
    suspects. According to the May Amnesty International report,
    corroborated cases of torture included the use of electric shock and
    suffocation. Police also assaulted detainees with batons, fists, and
    booted feet. Police torture and physical abuse allegedly occurred
    during interrogation, arrest, detention, and house searches, and
    sometimes resulted in death (see section 1.a.).
        During the year the ICD reported 920 reports of assault with the
    intent to cause grievous bodily harm, seven of which it acknowledged
    involved torture. The report noted the investigation of three cases of
    torture from previous years, but did not indicate the results. Suspects
    in several cases were interrogated and assaulted while held without any
    record of their arrest. Officers convicted of this charge were given
    sentences ranging from verbal and written warnings to fines and
    dismissal from service. The report did not stipulate how many officers
    were convicted.
        The ICD also reported 24 complaints of rape committed by police.
        In May Zipho Richard Ndlovu claimed he was detained by two police
    officers at his workplace and taken to a police station, where he was
    tortured for allegedly participating in a robbery. Ndlovu claimed the
    two officers trussed him with a plank under his knees, put a black bag
    over his head, and attached electrodes to his ear lobes. Ndlovu sued
    the police for torture, and his case was pending at year's end.
        During the year the ICD investigation into the alleged September
    2009 kidnapping and torture of David Ndzumeka by DPCI officers in Cape
    Town determined there was sufficient evidence to establish a case
    against the officers. However, the DPP had not made a decision on the
    ICD's recommendation by year's end. Ndzumeka alleged that the officers
    placed a plastic bag over his head and repeatedly suffocated him until
    he was unconscious. Ndzumeka case was one of 29 completed
    investigations involving DPCI officers in Cape Town awaiting a decision
    by the DPP.
        There were no developments in the following 2008 cases: the alleged
    torture in October of two brothers suspected of theft by 10 police
    officers from the Vosloorus Tracing Unit, the alleged beating and
    torture in November of a 17-year-old by six police officers from the
    Diepkloof Police Station, and the November death of Tefo Kgame after
    police allegedly beat him at the same station.
        Incidents of police harassment of foreigners continued,
    particularly during coordinated police raids in areas where foreign
    nationals resided. In an August report to the Portfolio Committee on
    Police, the Consortium for Refugees and Migrants in South Africa
    asserted that police confiscated the legal documentation of foreign
    nationals, threatened them with arrest on spurious charges, and forced
    them to pay bribes to be released. Some state hospitals reportedly
    refused emergency treatment on a routine basis to indigent foreigners,
    despite regulations requiring that hospitals provide such treatment.

        Prison and Detention Center Conditions.--The majority of the 249
    operational prisons did not meet international standards, and prison
    conditions did not always meet the country's minimum legal
    requirements. The Judicial Inspectorate of Correctional Services (JICS)
    received 2,189 complaints of assaults against prisoners by correctional
    officers for the reporting period from April 2009 through March 2010.
    There were several reports of physical and sexual abuse by both prison
    officials and prisoners. Some detainees awaiting trial reportedly
    contracted HIV/AIDS through rape. According to the JICS report, there
    were 1,047 prison deaths during the reporting period. Of these, 992
    were from natural causes, including HIV/AIDS; the remaining deaths were
    the result of suicides, assaults, or accidents.
        According to the JICS report released during the year, there were
    163,312 prisoners in facilities designed to hold 118,159. In a report
    to Parliament on October 27, Inspecting Judge Deon van Zyl reported
    that 19 prisons were critically overcrowded, some by as much as 247
    percent, such as King William's Town Prison, while others held less
    than their capacity, such as Barkley West, which held 22 percent of
    capacity. Unlike in previous years, no statistics were provided on the
    number of female and juvenile inmates. Due to severe overcrowding, many
    prisoners had less than 13 square feet in which to eat, sleep, and
    spend 23 hours a day. The nominal allotment of floor space per prisoner
    was approximately 36 square feet for communal space and 60 square feet
    for single cells, although this standard was seldom met.
        The 2009-10 Department of Correctional Services (DCS) annual report
    indicated 22.8 percent of sentenced prisoners who were tested between
    the ages of 15 and 49 were HIV-positive. There were 21 centers
    dispensing antiretroviral (ARV) therapy during the year. Prisons
    without such centers were supposed to utilize outside clinics for ARV
    therapy; however, this seldom occurred. There were no HIV screening
    programs on intake or discharge of prisoners and no HIV prevention
    programs in prison, such as condom distribution.
        All detainees in police cells were provided with felt mattresses
    and grey blankets, and most cells had toilets and basins, but there
    were seldom chairs, and cells often had inadequate light and
    ventilation.
        In its September report Monitoring Immigration Detention in South
    Africa, the local nongovernmental organization (NGO) Lawyers for Human
    Rights (LHR) indicated that the main abuses perpetrated in the Lindela
    Repatriation Centre, the country's largest detention facility for
    undocumented immigrants, included physical and verbal abuse, corruption
    and bribery, insufficient food, lack of reading and writing materials,
    lack of access to recreational facilities or telephones, lack of access
    to and quality of medical care, indefinite detention without judicial
    review, detention of asylum seekers, and lack of procedural safeguards
    such as legal guidelines governing long-term detention.
        Juvenile detainees were held in separate detention facilities;
    however, children up to three years old were sometimes held with their
    mothers. As of March 31, there were 129 infants and young children in
    detention with their mothers. During the year the DCS launched the
    Imbeleko program to provide a home-like environment for children below
    the age of two and to place children above that age in outside
    correctional facilities with sustainable family structures. Pretrial
    detainees generally were held with convicted prisoners.
        Prisoners and detainees had reasonable access to visitors and were
    permitted religious observances. Authorities permitted prisoners and
    detainees to submit complaints to judicial authorities without
    censorship and to request investigation of credible allegations of
    inhumane conditions. Authorities investigated and documented the
    results of such investigations in a publicly accessible manner. The
    Government investigated and monitored prison and detention center
    conditions.
        The DCS did not have an ombudsman to consider such matters as
    alternatives to incarceration for nonviolent offenders to alleviate
    inhumane overcrowding; addressing the status and circumstances of
    confinement of juvenile offenders; or improving pretrial detention,
    bail, and recordkeeping procedures to ensure prisoners did not serve
    beyond maximum sentences for charged offenses.
        The JICS, an independent office under the Inspecting Judge,
    appoints an Independent Visitor for each correctional center to monitor
    prison conditions. In 2009 the Independent Visitors collectively
    recorded 8,346 visits to the 239 prisons, during which time they
    conducted private consultations with 78,883 inmates. Visits were
    recorded in official registers kept at all correctional centers and
    were verified on a monthly basis. Independent Visitors submitted
    monthly reports to the Inspecting Judge, listing the number and
    duration of visits, the number of inmates interviewed, and the number
    and nature of inmate complaints received.
        The Government permitted some independent monitoring of prison
    conditions, including visits by human rights organizations to some
    facilities. Human rights organizations were allowed to visit prisoners
    if they had a registered attorney acting as legal representative for
    the prisoner; organizations could also request permission to visit
    prisons to conduct specific research. The Government permitted ICRC
    visits, but none were conducted during the year.

        d. Arbitrary Arrest or Detention.--The constitution and law
    prohibit arbitrary arrest and detention; however, security forces
    arbitrarily arrested Zimbabwean migrants and trafficking victims during
    the year.

        Role of the Police and Security Apparatus.--The South African
    Police Service (SAPS), under the Department of Police, has primary
    responsibility for internal security. The South African National
    Defense Force (SANDF), under the Department of Defense, is responsible
    for external security but also has domestic security responsibilities
    such as patrolling the borders. The DPCI, also known as ``the Hawks,''
    coordinates efforts against organized crime and official corruption.
    Despite continued efforts to professionalize, SAPS remained
    understaffed, ill equipped, and poorly trained. Law enforcement
    activities remained focused on wealthy residential and business areas.
        During the year the ICD received 6,377 complaints against the
    police, including allegations of killings, assaults, and other
    misconduct, compared to 6,119 complaints in the previous year,
    according to the ICD 2009-10 report. Of the 6,377 complaints, Minister
    of Police Nathi Mthethwa noted 48 convictions of police officers for
    criminal conduct, including 25 convictions for deaths in police custody
    or as a result of police action, and 23 convictions for other criminal
    offenses. Additionally, the ICD made 526 recommendations to the DPP in
    criminal matters and 1,666 recommendations to SAPS management with
    regard to various misconduct offenses, such as abuse of a state
    vehicle, leaking information, or dereliction of duty.
        SAPS provided annual training in corruption prevention, human
    rights, and ethics; it also provided officers with access to social
    workers, psychologists, and chaplains.

        Arrest Procedures and Treatment While in Detention.--The law
    requires arrest warrants to be based on sufficient evidence and issued
    by a magistrate or judge and provides that all detainees be informed
    promptly of the reasons for their detention, of their right to remain
    silent, and the consequences of waiving that right. Detainees must be
    charged within 48 hours of arrest; held in conditions respecting human
    dignity; allowed to consult with legal counsel of their choice at every
    stage of their detention or provided state funded legal counsel when
    ``substantial injustice would otherwise result;'' and permitted to
    communicate with relatives, medical practitioners, and religious
    counselors. The Government often did not respect these rights.
    Detainees must be released (with or without bail) unless the interests
    of justice require otherwise; however, bail for pretrial detainees
    often exceeded what suspects could pay.
        Unlike in the previous year, no statistics were kept on the number
    of detainees who were held because they could not post bail; 8,500
    prisoners in 2009, including some school children, remained in
    detention because they were unable to post bail. During the year the
    Department of Correctional Services signed a bail protocol with the
    ministers of police and of justice and constitutional development to
    allow inmates who committed petty crimes and could not afford bail to
    be diverted through alternative programs.
        Human rights groups, judges, and judicial scholars continued to
    express concern about the Criminal Procedure Second Amendment Act,
    which mandates minimum jail sentences, allows pretrial detention of
    children, and prohibits bail in certain cases.
        There were cases of arbitrary arrest during the year.
        LHR reported that security forces continued to arbitrarily arrest
    Zimbabwean migrants, even those with documentation. LHR and other NGOs
    also reported that victims of human trafficking were arbitrarily
    arrested if not in possession of appropriate documents detailing their
    immigration status.
        In September 2009 40 local tavern owners in Durban ransacked and
    demolished the offices of Abahlali base Mjondolo (AbM), an organization
    that advocates for the rights of those who live in informal
    settlements; the AbM had been fighting the KwaZulu-Natal provincial
    government's attempts at forcibly removing inhabitants and demolishing
    the Kennedy Road informal settlement. Over two days the mob, allegedly
    ANC cronies, also demolished the homes of several AbM members,
    reportedly in the presence of local police; two persons were killed.
    Police subsequently arrested 13 AbM members, 12 of whom were charged
    with a range of crimes, including property destruction, public
    violence, and murder; one of the 13 was released without charge. Seven
    of the 12 were released on bail and awaiting trial, while the other
    five remained in pretrial detention. None of the 40 tavern owners who
    demolished the AbM offices and homes was arrested. Critics charged that
    the Government arrested the AbM members to prevent them from returning
    to the Kennedy Road settlement. During the year the trial of the
    ``Kennedy 12'' was repeatedly postponed due to difficulties in getting
    witnesses to court.
        Lengthy pretrial detention was a problem, and pretrial detainees
    constituted 30 percent of the total prison population. According to the
    JICS annual report, detainees waited an average of three months, but
    some as long as two years, before a trial. The report found that 49,030
    prisoners were awaiting trial as of March 31.

        e. Denial of Fair Public Trial.--The constitution and law provide
    for an independent judiciary, and the Government generally respected
    judicial independence in practice. However, the judiciary was
    understaffed and underfunded, and there were reports that legal
    documents used in trials were lost. According to the presidentially
    mandated criminal justice system working group, made up of ministers
    and deputy ministers, more than a million of the two million criminal
    cases reported annually were never resolved. According to the group, a
    number of problems contributed to the country's low 10.3 percent
    conviction rate in criminal cases, including inadequate collection of
    evidence at crime scenes, insufficient investigation of crimes, long
    trials, and ineffective court processes. During the year the Government
    operated 58 justice centers that provided legal assistance to the poor
    to speed the administration of justice, reduce the court rolls, and
    alleviate overcrowding in prisons. However, serious delays continued to
    be a problem.

        Trial Procedures.--Criminal defendants enjoy a legal presumption of
    innocence. The bill of rights provides for due process, including the
    right to a fair public trial within a reasonable time after being
    charged, and the right to appeal to a higher court. Judges and
    magistrates hear criminal cases and determine guilt or innocence. In
    lieu of juries, the law requires that a panel of lay assessors and a
    magistrate hear cases involving murder, rape, robbery, indecent
    assault, and assault leading to serious bodily harm. The two assessors
    may overrule magistrates on questions of fact. Magistrates also can use
    assessors in an advisory capacity in adjudicating bail applications and
    sentences. Detainees and defendants have the right to legal counsel
    provided and funded by the state when ``substantial injustice would
    otherwise result''; however, this right was restricted due to a general
    lack of information regarding rights to legal representation and the
    Government's inability to pay for such services. Defendants have the
    right to be present in court and can question witnesses in court and
    present their own witnesses and evidence. Defendants have access to
    government evidence before going to court. There is no automatic right
    to appeal, but courts may give defendants permission to do so. For
    certain cases, such as when the accused is younger than 16 years of
    age, permission is not required. Additionally, the law provides for an
    automatic review of all prison sentences longer than three months.

        Political Prisoners and Detainees.--The IFP maintained that 384 of
    its members had been imprisoned since 1994 for political reasons,
    although international human rights organizations did not list such
    persons as political prisoners or detainees. In January 2008 the IFP
    petitioned both the president and the justice minister for their
    release. In February 2008 the IFP took the matter to the High Court,
    where the judge ordered the justice minister to consider all 384
    applications for presidential pardons within three months. In April
    2008 the IFP sent a letter to Amnesty International complaining that
    both former president Mbeki and the justice minister had ignored the
    matter. On September 2009 the Constitutional Court ruled that because
    the petition included the justice minister, the IFP had pursued the
    incorrect party for legal relief and that the president, not the
    justice minister, should be held fully accountable for the delay. The
    same day, the IFP instructed its lawyers to start legal action against
    President Zuma for the delay in processing the applications. On
    February 4, President Zuma announced he had considered and rejected 230
    of the IFP applications for pardon; he also announced that decisions on
    the remaining 154 applications would be announced once the
    Constitutional Court rendered a judgment on another matter pertaining
    to the president's power to grant pardons.

        Civil Judicial Procedures and Remedies.--There is an independent
    and impartial judiciary in civil matters. There also was access to the
    courts to bring lawsuits seeking damages for, or cessation of, a human
    rights violation.

        f. Arbitrary Interference With Privacy, Family, Home, or
    Correspondence.--The constitution and law prohibit such actions.
    However, there were allegations of police abuse during sweeps and home
    searches and criticisms of police and judicial procedures, including
    complaints that warrants were issued despite inadequate evidence.
        The law authorizes state monitoring of telecommunications systems,
    including cellular telephones, the Internet, and e-mail, for criminal
    investigations. However, opposition parties and many civil society
    groups opposed such laws. In July 2009 the Regulation of Interception
    of Communications and Provision of Communication-Related Information
    Act came into effect, requiring all mobile operators, service
    providers, and cell-phone vendors to register on secure databases the
    identities, physical addresses, and telephone numbers of new and
    existing customers. All cell phone subscribers were required to show
    proof of identity and proof of residence to be registered.
        The Promotion of Access to Information Act allows any person to
    access information from the Government or any other individual for the
    exercise or protection of any right. Authorities can also use the act
    to obtain personal information in connection with criminal
    investigations. Opposition parties and human rights NGOs objected to
    its broadly defined provision that enabled the Government to access an
    individual's personal information.
        Farm owners continued to evict workers legally and illegally. An
    extensive national eviction survey by the NGO Nkuzi Development
    Association, which provided legal assistance to farm workers, indicated
    farm workers generally were unaware of their right to legal counsel
    during eviction proceedings. In Limpopo, where evictions took place,
    Nkuzi had only two attorneys and at times lacked funds for litigation.
    Section 2. Respect for Civil Liberties, Including:

        a. Freedom of Speech and Press.--The constitution and law provide
    for freedom of speech and of the press, and the Government generally
    respected these rights. However, several laws remained in effect that
    posed a potential threat to media independence, and some journalists
    expressed concern over government involvement in the media sector.
        Individuals, organizations, journalists, and sectors of civil
    society were generally able to criticize the Government openly without
    fear of reprisal, although many journalists expressed concern in
    reports, columns, editorials, and public fora that the Government
    heavily influenced and increased its efforts during the year to control
    the media. The practice of appointing journalists to key positions as a
    reward for their political allegiance remained a problem with the South
    African Broadcasting Corporation (SABC), a government-funded television
    and radio network.
        According to the South African Advertising Research Foundation,
    print media reached 52 percent of the population. Despite the number
    and diversity of publications, the concentration of media ownership in
    the hands of a few large media groups drew criticism from the
    Government and some political parties, who complained that print media
    did not always adequately cover their points of view.
        The independent media were active and expressed a wide variety of
    views without restriction.
        The majority of citizens received news through radio broadcasts
    from the SABC and community radio stations. The SABC was the largest
    and most influential source of news for the majority of the population.
    It broadcast television and radio programs in the country's 11 official
    languages, with its signal received by an estimated 92 percent of
    citizens.
        Low-power, nonprofit community radio stations continued to play an
    important role in informing the mostly rural public, although they
    often had difficulty producing adequate content and maintaining quality
    staff. Government broadcast regulators regularly issued new community
    radio licenses and withdrew others for noncompliance with the terms of
    issuance.
        Government and political officials often criticized the media for
    lack of professionalism and reacted sharply to media criticism, often
    accusing black journalists of disloyalty and white journalists of
    racism. Some journalists believed that the Government's sensitivity to
    criticism resulted in media self-censorship.
        In 2009 the Government enacted several laws that restricted press
    freedom, although none were enforced during the year. The 2009 Films
    and Publications Act requires that publications not regulated by the
    press ombudsman, including online material, be submitted to the Film
    and Publications Board for classification prior to publication if the
    publication contains references to ``degrading sexual content,
    incitement to cause harm, promotion of propaganda for war, incitement
    of violence, or the advocating of hatred based on any identifiable
    group characteristic.'' Media watchdog organizations, as well as
    individual media commentators, criticized the law as a possible vehicle
    for restriction of press freedom.
        The February 2009 amendment to the Broadcasting Act allows the
    president to dismiss members of the SABC Board, a move that was widely
    criticized by opposition parties and the press as undue government
    interference. Several laws remained in effect that permitted the
    Government to restrict the publication of information about the police,
    the national defense forces, prisons, and mental institutions.

        Internet Freedom.--There were no government restrictions on access
    to the Internet; however, the law authorizes state monitoring of
    telecommunications systems, including the Internet and e-mail, for
    criminal investigation. In July 2009 the Regulation of Interception of
    Communications and Provision of Communication-Related Information Act
    came into effect, requiring all service providers to register on secure
    databases the identities, physical addresses, and telephone numbers of
    new and existing customers. Despite the law, there were no reports that
    the Government monitored e-mail or Internet chat rooms. Individuals and
    groups could engage in peaceful expression of views via the Internet,
    including by e-mail. According to International Telecommunication Union
    statistics for 2009, approximately 8.8 percent of the country's
    inhabitants used the Internet.

        Academic Freedom and Cultural Events.--There were no government
    restrictions on academic freedom or cultural events.
        The Film and Publications Board reviews written and graphic
    materials published in, or imported into, the country. The board has
    the power to edit or ban books, magazines, movies, and videos, and it
    regularly exercised that power, mostly regarding pornographic material.
    Journalists, media houses, and industry associations continued to
    criticize efforts to extend the board's authority to newspapers and
    broadcast media.

        b. Freedom of Peaceful Assembly and Association.--Freedom of
    Assembly.--The constitution and law provide for freedom of assembly;
    however, police forcibly dispersed several demonstrations during the
    year, which resulted in injuries.
        Several protests over poor delivery of basic services took place
    across the country, including illegal, violent demonstrations in
    Gauteng, North West, Western Cape, Mpumalanga, and KwaZulu-Natal
    provinces. Police used batons and rubber bullets to control the
    demonstrations and quell the violence; several injuries were reported.
        For example, on February 23, residents of Orange Farm protested
    lack of local service delivery by looting shops, burning tires, and
    pelting police with rocks. Police fired rubber bullets and tear gas to
    disperse the demonstrators; 30 persons were arrested and subsequently
    released. There was no information about persons injured.
        On September 21, residents of Hangberg township in Hout Bay
    protested the decision by the City of Cape Town to dismantle homes
    illegally built on a firebreak, and some residents threw stones at
    police. Police fired rubber bullets to quell the protest, resulting in
    serious injuries to several residents and at least one journalist.

        Freedom of Association.--The law provides for freedom of
    association, and the Government generally respected this right.

        c. Freedom of Religion.--For a description of religious freedom,
    see the 2010 International Religious Freedom Report at www.state.gov/g/
    drl/rls/irf/rpt.

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

        Protection of Refugees.--The country's laws provide for the
    granting of asylum and refugee status, and the Government has
    established a system for providing protection to refugees. In practice
    the Government generally provided protection against the expulsion or
    return of those recognized as refugees to countries where their lives
    or freedom would be threatened on account of their race, religion,
    nationality, membership in a particular social group or political
    opinion.
        Although the law provides for access to basic services, education
    for refugee children, and access to police and courts, NGOs such as
    Human Rights Watch found that asylum seekers, migrants, and refugees
    faced discrimination at health-care facilities and by law enforcement
    representatives.
        The Government's policy prohibited encampment of foreign asylum
    seekers and refugees in favor of free movement and integration of
    documented migrants into local communities, with guarantees for the
    right to work and access to social services. While this generally
    offered greater liberty to foreigners, many NGOs criticized government
    protection of foreigners as inadequate.
        Refugee advocacy organizations charged that police and immigration
    officials abused refugees and asylum seekers and forcefully repatriated
    some asylum seekers, particularly Zimbabweans, although there were no
    such reports during the year. Applicants for asylum and NGOs assisting
    refugees also reported that immigration authorities sought bribes from
    those seeking permits to remain in the country. The Department of Home
    Affairs (DHA) adopted anticorruption programs and punished officials or
    contracted security officers found to be accepting bribes.
        In May 2009, following international and domestic criticism, the
    Government suspended deportations of Zimbabweans; NGOs estimated there
    were between one and three million undocumented Zimbabweans in the
    country. The Government also introduced a 90-day visa-free entry for
    Zimbabwean nationals and an associated right to work, and proposed a
    system of longer-term permits, known as special dispensation permits,
    for Zimbabweans already in the country under the Immigration Act. The
    permit system was never fully implemented; however, on September 20,
    the Government began a three-month documentation and amnesty drive.
    Zimbabweans already in the country on or before March 31, 2009 were
    offered the chance to turn in any fraudulent South African identity
    documents without penalty and then apply for the appropriate study,
    work, or business permits. Requirements to obtain the permits were
    simplified, and the Government worked closely with Zimbabwean
    authorities to try to ensure that all potential applicants would be
    able to obtain a valid passport. Those who did not take advantage of
    the documentation drive faced deportation. Asylum-seekers with pending
    claims had the option of withdrawing their application and reapplying
    under the new initiative or continuing with their original claim. As of
    December 31, 275,762 applications had been received, of which 42,779
    applications had been finalized and approved, with 10,166 awaiting
    review; 222,817 applications were awaiting adjudication. Amnesty was
    granted to 6,243 Zimbabwean nationals, and a total of 49,255 Zimbabwean
    nationals had surrendered their asylum status to obtain valid work and
    business permits.
        Societal attacks on refugees occurred during the year.
        There were no developments in the June 2009 stabbing death of
    Angolan refugee Sebastian Santana, who resisted an attempted robbery
    near the Nyanga Refugee Reception Center. A police investigation was
    ongoing.
        The Government also offered temporary protection to some
    individuals who may not have qualified as refugees under the 1951
    Convention relating to the Status of Refugees or the 1967 Protocol.
    Section 3. Respect for Political Rights: The Right of Citizens to
            Change Their Government
        The constitution and law provide citizens with the right to change
    their government peacefully, and citizens exercised this right through
    periodic, free, and fair elections based on universal suffrage.

        Elections and Political Participation.--In April 2009 the country
    held a largely free and fair national election in which the ruling ANC
    won 65.9 percent of the vote and 264 of 400 seats in the National
    Assembly, the dominant lower chamber of parliament. Parliament then
    elected ANC President Jacob Zuma as the country's next president. The
    leading opposition party, the Democratic Alliance (DA), won 67 seats,
    the Congress of the People (COPE) won 30 seats, and the IFP won 18
    seats. The remaining 39 seats in parliament were allocated to 10 other
    political parties based on election results. In the upper house of
    parliament, the National Council of Provinces (NCOP), the ANC held 35
    seats, the DA 10, and COPE seven. The remaining two seats were
    allocated to the IFP and the Independent Democrats. The NCOP is
    primarily a reviewing chamber that has the power to send legislation
    back to the National Assembly for retooling and can vote on legislation
    affecting the rights of the nine provinces.
        Electoral violence occurred. In KwaZulu-Natal Province, for
    example, there were 162 violent incidents in the six weeks prior to the
    elections, including 25 cases of intimidation, four killings, four
    attempted killings, one case of arson, and one case of intimidation
    with a firearm. Other reported cases of election-related violence
    included 62 in the Northern Cape and 30 in Limpopo.
        There also were reports of electoral irregularities, including
    attempted vote rigging.
        In KwaZulu-Natal Province, for example, Ulundi election official
    Sindisiwe Mncube was arrested after being caught with illegally marked
    ballot papers favoring the IFP. In June 2009 Mncube was found guilty on
    five charges of forgery and violations of the electoral code and
    sentenced to five years in prison.
        Women held 14 of 34 ministerial positions, including the
    ministerial portfolios of foreign affairs and defense, and 11 of 28
    deputy ministerial positions. There were 172 women in the 400-seat
    National Assembly and 19 women among the 54 permanent members of the
    NCOP. Women occupied two of four parliamentary presiding officer
    positions, including the deputy speaker of the National Assembly and
    deputy chair of the NCOP.
        There were an estimated 119 members of minorities (nonblack
    citizens) in the National Assembly. There were 18 minority members
    among the 54 permanent members of the NCOP. The cabinet included 19
    members of minority groups.
    Section 4. Official Corruption and Government Transparency
        The law provides criminal penalties for official corruption, and
    the Government continued efforts to curb corruption; however, the World
    Bank's worldwide indicators reflected that corruption remained a
    problem.
        On August 3, former police chief and president of the International
    Criminal Police Organization (Interpol) Jackie Selebi was sentenced to
    15 years in jail for corruption and defeating the ends of justice;
    Selebi, who received bribes of 1.2 million rand ($168,000) from drug
    dealer Glenn Agliotti, also showed Agliotti secret police reports. On
    September 6, Selebi was released on bail. On September 9, the National
    Prosecuting Authority (NPA) confirmed that prosecutor Gerrie Nel and
    chief investigator Andrew Leask were being investigated for
    irregularities.
        On August 12, President Zuma announced the start of an
    investigation by the Special Investigating Unit (SIU) of five
    ministries, two provincial departments, and the South African Social
    Security Agency. The investigation was ongoing at year's end.
        On August 18, the minister of Human Settlements Tokyo Sexwale
    announced that his department had recovered 44 million rand
    ($6,160,000) and arrested 1,910 government officials who were illegally
    benefitting from housing subsidies.
        In November President Zuma signed a proclamation authorizing an SIU
    investigation into alleged financial irregularities in all 24
    municipalities in North West Province; the investigation was ongoing at
    year's end.
        Corruption remained a problem within prisons, although most
    correctional officials were either suspended or fired following an
    investigation. According to the JICS report released during the year,
    there were 691 complaints of corruption during the annual reporting
    period. The SIU identified irregularities in 23 contracts and
    recommended that 433 officials be penalized. It also charged 26 doctors
    and 10 officials with criminal offenses; an additional 433 officials
    were disciplined. There were no further developments in the 2008
    investigation of malfeasance in prison tendering contracts.
        At least 10 agencies, including the SIU, the Public Service
    Commission, the Office of the Public Prosecutor, and the Office of the
    Auditor General, were involved in anticorruption activities.
        The SIU investigated corruption in government departments and
    identified civil servants alleged to have improperly received state
    housing subsidies. The Government took administrative action to recover
    these subsidies. In November 2009 the Government announced that a
    special SIU team dedicated to investigating housing fraud would
    investigate 800 officials at the national and provincial level and 123
    in local government for corruption.
        The Office of the Public Protector investigated government abuse
    and mismanagement and served as the office of last resort for citizens
    reporting unfair treatment by government entities. The office handled
    an increasing number of complaints but was hampered by severe resource
    constraints.
        Public officials were subject to financial disclosure laws, and
    most officials complied with the law, although not always in a timely
    manner.
        The law provides for access to government information; however, the
    Government did not always comply with the law. If a government
    department refuses to provide information, the requester can launch an
    internal appeal. If this also fails, the requester may appeal a
    decision to the High Court, a lengthy and expensive process. The Open
    Democracy Advice Center continued to report that many requests for
    information went unanswered or were answered outside the period
    provided for in the legislation.
    Section 5. Governmental Attitude Regarding International and
            Nongovernmental Investigation of Alleged Violations of Human
            Rights
        A number of domestic and international human rights groups
    generally operated without government restriction, investigating and
    publishing their findings on human rights cases. Government officials
    were generally cooperative and responsive to their views.
        The South African Human Right Commission (SAHRC), which was created
    by the Government but operates independently, is responsible for
    promoting the observance of fundamental human rights at all levels of
    government and throughout the general population. The SAHRC also has
    the authority to conduct investigations, issue subpoenas, and hear
    testimony under oath. SAHRC enjoyed support from the Government without
    interference, and the Government reacted positively towards SAHRC
    reports. During the year the SAHRC issued reports on xenophobia,
    economic and social rights, and indigenous people's rights.
        The Government cooperated with international governmental
    organizations and permitted visits by UN representatives and other
    organizations. UN Development Program chief Helen Clark visited the
    country in May to highlight progress towards the Millennium Development
    Goals, and a UN working group on the use of mercenaries visited in
    November.
        There were no parliamentary committees that dealt exclusively with
    human rights; however, certain parliamentary committees looked into
    human rights issues for their constituencies.
    Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
        The constitution and law prohibit discrimination on the grounds of
    race, disability, ethnic or social origin, color, age, culture,
    language, sex, pregnancy, sexual orientation, or marital status.
    However, entrenched attitudes and practices often resulted in the
    denial of these rights in practice.

        Women.--Rape, including spousal rape, is illegal but remained a
    serious and pervasive problem. Minimum sentencing for rape convictions
    is 10 years in prison for the first offense, 15 years for the second,
    and 20 for the third. Under certain circumstances--such as multiple
    rapes, gang rapes, or the rape of a minor or a person with
    disabilities--conviction results in a minimum sentence of life
    imprisonment (25 years), unless substantial and compelling
    circumstances exist to justify a lesser sentence. Perpetrators with
    previous rape convictions and perpetrators aware of being HIV-positive
    at the time of the rape also face a minimum sentence of life
    imprisonment, unless substantial and compelling circumstances exist to
    justify a lesser sentence. According to the 2009-10 SAPS annual report,
    there were 55,097 cases of rape and indecent assault during the year;
    many of the victims were elderly women. According to a 2008 study by
    SAPS and the Centre for the Study of Violence and Reconciliation, only
    4.1 percent of reported rape cases resulted in conviction. In most
    cases attackers were friends or family members of the victim, which
    contributed to a reluctance to press charges. A poor security climate
    and societal attitudes condoning sexual violence against women
    contributed to the problem. A 2005 study by the Medical Research
    Council estimated that only one in nine rape victims reported the crime
    to SAPS. A June 2009 report released by the Medical Research Council
    found that more than 25 percent of men interviewed in KwaZulu-Natal and
    Eastern Cape provinces admitted to committing at least one rape, and
    more than half of those persons admitted to raping more than one
    person.
        Allegations of rape, sexual assault, and sexual harassment of black
    and foreign female farm workers by farm owners, managers, and other
    farm workers were common.
        In 2007 parliament passed amendments to the law that broadened the
    physical definitions of rape and indecent assault, included males as
    victims, and restricted admission of victims' sexual histories as
    evidence in court to improve the Government's capacity to punish
    perpetrators and protect victims. Victims' rights groups, however,
    criticized the law's conditional provision of post-exposure prophylaxis
    only to victims who filed charges with SAPS or reported the alleged
    offenses to designated health establishments.
        The Government operated 42 sexual-offenses courts throughout the
    country that included designated facilities such as waiting rooms,
    court preparation rooms, and closed caption television rooms for
    victims. Although judges in rape cases generally followed statutory
    sentencing guidelines, women's advocacy groups criticized judges for
    using criteria such as the victim's behavior or relationship to the
    rapist as a basis for imposing lighter sentences. Critics also charged
    that support for dedicated sexual-offenses courts had eroded, and that
    some of the previously dedicated courts were hearing other types of
    cases. As a result, sexual offense cases took longer to resolve, and
    conviction rates--which were previously the highest in the country--had
    decreased. The NPA's Sexual Offenses and Community Affairs Unit (SOCA)
    unit reported a 66.7 percent conviction rate during the year, which was
    a decrease from previous years, but still higher than the rates
    reported for other regional courts where convictions in sexual offenses
    cases averaged less than 54 percent.
        During the year SOCA opened seven and operated 18 Thuthuzela Care
    Centers (TCC) that specialized in rape care management and streamlined
    a network of existing investigative, prosecutorial, medical, and
    psychological services in the hospitals where they were located.
        Domestic violence was pervasive and included physical, sexual,
    emotional, and verbal abuse, as well as harassment and stalking by
    former partners. The law facilitates the serving of protection orders
    on abusers, requires the police to take victims to a place of safety,
    and allows police to seize firearms at the scene and to arrest abusers
    without a warrant. Violating a protection order is punishable by a
    prison sentence of up to five years, or 20 years if additional criminal
    charges are brought. Penalties for domestic violence include fines and
    sentences of between two and five years' imprisonment.
        According to NGOs, about one in four women were in an abusive
    relationship, but few reported it. A June 2009 report released by the
    Medical Research Council found that more than two-fifths of men
    interviewed in KwaZulu-Natal and Eastern Cape provinces had been
    physically violent toward an intimate partner. TCC counselors also
    alleged that doctors, police officers, and judges often treated abused
    women poorly.
        The Government financed 39 shelters for abused women, but more were
    needed, particularly in rural areas. The Government continued to
    conduct domestic violence awareness campaigns. In honor of Women's
    Month, the Government hosted numerous events focused on empowering
    women in business, government, health, sports, and the arts.
        Although the law prohibits sexual harassment, it remained a
    widespread problem. The Government left enforcement primarily to
    employers, with criminal prosecution a rare secondary step at the
    initiative of the complainant. The Department of Labor (DOL) issued
    guidelines to employers on how to handle workplace complaints, which
    allowed for remuneration of the victim's lost compensation plus
    interest, additional damages, legal fees, and dismissal of the
    perpetrator in some circumstances. Tougher punishments could be
    generated for assault, which carries a range of penalties depending on
    the severity of the act, but only if the complainants press charges.
        Couples and individuals have the right, and were able in practice,
    to decide freely and responsibly the number, spacing, and timing of
    their children, and to have the information and means to do so free
    from discrimination, coercion, and violence. Contraception was widely
    available, and women could access it for free at government clinics.
    According to a 2008 Department of Health (DOH) report, 94 percent of
    women had access to prenatal care while 84 percent had access to a
    skilled attendant at birth, except in the poorest communities where the
    rate was 68 percent. According to the UN Development Program, the
    maternal mortality ratio was 625 per 100,000 live births. To improve
    postnatal care, the DOH 2009-10 Annual Report indicated that 164 of the
    549 identified maternity facilities implemented the Basic Antenatal
    Care program. During the year 30 percent of women were examined within
    three postpartum days. Women were equally diagnosed and treated for
    sexually transmitted infections, as well as HIV.
        Discrimination against women remained a serious problem despite
    their equal rights under the law governing inheritance, divorce, and
    child custody. Women experienced economic discrimination in areas such
    as wages, extension of credit, and ownership of land. For example,
    township housing transfer schemes favored existing titleholders, who
    tended to be men.
        Many rural areas were administered through traditional patrilineal
    authorities, such as a chief or a council of elders, who did not grant
    land tenure to women, a precondition for access to housing subsidies.
        Women, particularly black women, typically had lower incomes and
    less job security than men. Most women were engaged in poorly paid
    domestic labor and microenterprises, which did not provide job security
    or benefits. The Department of Trade and Industry (DTI) provided
    incentive grants to promote the development of small- and medium-size
    businesses and microenterprises for women, young persons, and persons
    with disabilities. DTI also established the Isivande Women's Fund to
    improve women's access to formal finance in the absence of personal
    savings and gender-biased institutions.
        According to the annual census conducted by the Businesswomen's
    Association, the number of women in top leadership positions remained
    constant. Women held only 19.3 percent of executive-level and 16.6
    percent of director-level positions. The Employment Equity Commission
    released statistics showing that 63 percent of top managers in private
    companies were white men, while black women comprised only 3 percent
    and colored and Indian women made up only 1 percent.
        Female farm workers often experienced discrimination, and their
    access to housing often was dependent on their relationship to male
    farm workers. Female farm workers on maternity leave who could not
    obtain timely compensation via the Unemployment Insurance Fund often
    had no choice but to return to work shortly after giving birth,
    according to NGOs working with farm workers in Limpopo Province.
        A number of governmental bodies, particularly the Gender Commission
    and the Ministry for Women, Children and Persons with Disabilities, and
    numerous NGOs monitored and promoted women's rights.

        Children.--The law provides for citizenship by birth, descent, and
    naturalization. However, registration of births was inconsistent,
    especially in remote rural areas or among parents who were foreign
    nationals and themselves unregistered. This resulted in lack of access
    for children to public services such as education, health care, and
    financial grants.
        The law mandates compulsory education from ages seven to 15 and
    ensures that children cannot be refused admission to public schools due
    to a lack of funds. The law provides for access to education for
    disadvantaged children (who traditionally are black children) through a
    uniform system for the organization, governance, and funding of
    schools. However, public education was fee based and the Government did
    not fully subsidize education. Even when children qualified for fee
    exemptions, parents who were poor had difficulty paying for uniforms,
    books, and supplies. Some children who were enrolled did not attend
    school.
        According to the 2008 Education Statistics Report by the Department
    of Education, 92 percent of grade 1 to 12, school age children were
    enrolled in school. Those not enrolled tended to be children with
    special needs. Most children attended school until the age of 16, when
    eligibility for the Child Support Grant ends. There were an equal
    number of boys and girls in grades 1 to 12, with boys slightly
    outnumbering girls in primary school (grades 1-7), but 5 percent more
    girls than boys were in secondary school (grades 8-12).
        There continued to be reports of rape, sexual abuse, sexual
    harassment, and assaults at school of girls by teachers, students, and
    other persons in the school community. The law requires schools to
    disclose sexual abuse to the authorities; however, administrators often
    concealed sexual violence or delayed disciplinary action. The level of
    sexual violence in schools also increased the risk for girls of
    contracting HIV/AIDS or other sexually transmitted diseases, as well as
    unwanted pregnancies.
        Although the law prohibits corporal punishment in schools, there
    were reports that teachers used physical violence to discipline
    students. Student-on-student violence, including racially motivated
    violence, continued to be a major concern of educational authorities
    and parents. Teacher organizations, parents, and police worked together
    in the ``Safe Schools Program'' to address these problems. Many schools
    implemented ``Adopt-a-Cop'' programs, inviting SAPS officers into their
    schools for training and security.
        HIV/AIDS remained one of the leading causes of death among women
    and children, accounting for 43.7 percent of maternal deaths and 35
    percent of deaths of children under age five. During the year the
    Government revised its eligibility criteria to extend antiretroviral
    (ARV) treatment to women, infants, and persons also infected with TB
    who were not previously covered. Based on the new guidelines, eligible
    individuals received ARV treatment at all government clinics and
    hospitals. HIV-positive women who had not been eligible for ARVs under
    the previous guidelines received Prevention of Mother to Child
    Transmission regimens at 14 weeks of pregnancy and, among other things,
    an annual pap smear. HIV/AIDS activists, physicians, and opposition
    parties who had criticized the previous administration's denial of the
    causes and existence of HIV/AIDS, lauded President Zuma's commitment to
    lead the fight against the pandemic. To reduce maternal and infant
    mortality rates and HIV transmission from mother to newborn to a stated
    goal of less than 5 percent by 2011, the Government worked with experts
    and the World Health Organization to revise the 2008 Prevention of
    Mother to Child Transmission guidelines to provide enhanced regimens of
    ARV therapy to pregnant women, as well as postnatal prophylaxis and
    early treatment for at-risk or HIV-infected infants.
        Violence against children, including domestic violence and sexual
    abuse, remained widespread. While there was increased attention to the
    problem, a lack of coordinated and comprehensive strategies to deal
    with violent crime continued to impede the delivery of needed services
    to young victims. According to the 2009-10 SAPS report, 27,417 children
    were victims of sexual offenses between April 2009 and March 2010. Of
    that total, 965 were killed, and 12,062 were assaulted with intention
    to do grievous bodily harm. Observers believed that these figures
    represented a small percentage of the actual incidence of child rape
    since most cases involving family members were not reported. According
    to the NGO Childline, 25 percent of girls and 20 percent of boys were
    at risk of being raped before age 16. According to a June 2009 report
    released by Solidarity, the country's largest independent trade union,
    45 percent of all rapes were perpetrated against children, and more
    than 88 percent of child rapes were never reported to the police.
        The law states that no child under the age of 12 can consent to any
    sexual activity and sets 16 as the lowest age for consensual sex with
    another minor. Statutory rape is defined as sexual intercourse between
    anyone under 18 and an adult more than two years older. The statutory
    sentence for rape of a child is life in prison; however, the law grants
    judicial discretion to issue more lenient sentences. The country had a
    low conviction rate for rape and child abuse.
        The traditional practice of ``ukuthwala,'' the forced marriage of
    girls as young as 12 to adult men, continued in remote villages in the
    Western Cape, Eastern Cape and KwaZulu-Natal provinces. In May 2009 the
    Government and traditional leaders launched a ``Together We Are the
    Solution'' campaign aimed at eliminating the practice with girls
    younger than 18.
        Penalties for the sexual exploitation of a child include fines and
    imprisonment of up to 20 years. Some NGOs claimed the country was a
    destination for child sex tourism, although the Government denied the
    charge. The law prohibits child pornography and provides for penalties
    including fines and imprisonment of up to 10 years. The Film and
    Publication Board ran a Web site and a toll-free hotline during the
    year to enable the public to report incidences of child pornography.
        The high incidence of HIV/AIDS resulted in an increase in the
    number of child-headed households. These children sometimes turned to
    prostitution to support themselves and their siblings. Other children
    were trafficked and forced into prostitution. NGOs provided shelter and
    medical and legal assistance for children in prostitution and a hotline
    for victims of child abuse.
        AIDS activists alleged that children in prostitution were often
    highly sought after because of the widely held belief that sex with a
    virgin provided a cure for HIV/AIDS. SAPS officials, however, stated
    that under questioning perpetrators usually admitted they knew this
    claim was false.
        Despite outreach programs to discourage the practice, ritual
    circumcision of males, including children, usually by medically
    unqualified practitioners, was still a prevalent initiation tradition
    in several provinces, particularly in Eastern Cape Province. The
    practice sometimes resulted in death. Circumcision was considered a
    precondition for adult status, which permits marriage, inheritance, and
    other societal privileges. The House of Traditional Leaders attempted
    to address unsafe initiation practices and designed strategies to
    prevent deaths and the spread of diseases, such as HIV/AIDS. However,
    discussing the practice was taboo in many communities, where it was
    considered a matter for chiefs to decide. Some traditional leaders
    spoke out against government interference in initiation and
    circumcision practices, while others declared moratoriums on
    circumcisions in parts of Eastern Cape Province in response to the
    rising number of deaths resulting from the practice.
        The Department of Health in Eastern Cape Province provided
    surgeons, health officials, and vehicles during the June initiation
    season to monitor initiation practices. The Government also began a
    countrywide voluntary male medical circumcision campaign, offering free
    circumcision by qualified medical personnel as an alternative to
    circumcision by unqualified practitioners. Nevertheless, 41
    circumcision-related deaths, 100 hospitalizations, and several penis
    amputations at the hands of unmonitored practitioners were reported in
    Eastern Cape Province during the June initiation period, according to
    press reports. In December, the first month of the summer initiation
    period, 21 boys died from the procedure in Eastern Cape Province. From
    2001 through 2007, Eastern Cape Province recorded nearly 2,600 hospital
    admissions, 156 genital mutilations or amputations, and 232 deaths due
    to dehydration and infection from unsafe and unsterile procedures. On
    June 5, Mtshiyelwa Mtshayina Ndoda, a 55-year-old unregistered
    traditional surgeon who had been arrested several times for operating
    an illegal initiation school, was again arrested for the offence.
    Neither this case, nor a pending case of operating an illegal
    initiation school, had been concluded by year's end.
        The country is a party to the 1980 Hague Convention on Civil
    Aspects of International Child Abduction. For information on
    international parental child abduction, please see the Department of
    State's annual report on compliance at http://travel.state.gov/
    abduction/resources/congressreport/congressreport--4308.html.

        Anti-Semitism.--The Jewish community was estimated at 75,000 to
    80,000. During the year Jewish graves in Bloemfontein were defaced with
    anti-Semitic graffiti, and there were reports of verbal abuse, hate
    mail, and distribution of anti-Semitic literature in the country.

        Trafficking in Persons.--For information on trafficking in persons,
    please see the Department of State's annual Trafficking in Persons
    Report at www.state.gov/g/tip.

        Persons With Disabilities.--The law prohibits discrimination on the
    basis of physical, sensory, intellectual, and mental disability;
    however, government and private-sector discrimination in employment
    existed. The law mandates access to buildings for persons with
    disabilities, but such regulations were rarely enforced, and public
    awareness of them remained minimal.
        There were more than 100,000 students with disabilities in
    mainstream schools, and the Department of Basic Education allocated
    part of its budget for assistive devices, material resources, and
    assistive technology. To date, eight schools had been fully converted
    to full-service, inclusive schools, with 20 more identified for future
    conversion.
        The law provides persons with disabilities protection from
    harassment and, in conjunction with the Employment Equity Act, also
    provides guidelines on the recruitment and selection of persons with
    disabilities, reasonable accommodation for persons with disabilities,
    and guidelines on proper handling of employee medical information.
    Enforcement of this law was limited. The law also requires employers
    with more than 50 workers to create an affirmative action plan with
    provisions for achieving employment equity for persons with
    disabilities. Persons with disabilities constituted 7.9 percent of the
    general population, but only an estimated 0.9 percent of the public
    service workforce and 1 percent of the private-sector workforce. The
    Ministry for Women, Children and Persons with Disabilities launched a
    Web site linking persons with disabilities with civil service
    positions, but the Government did not met its target of 2 percent of
    government positions occupied by persons with disabilities.
        The law does not allow persons with mental disabilities to vote.
        The Ministry for Women, Children, and Persons with Disabilities is
    charged with protecting the rights of persons with disabilities,
    enhancing their development opportunities, and monitoring government
    departments to ensure that disability issues are addressed in policies,
    hiring practices, building plans, and other matters. NGOs also
    advocated for the rights of persons with specific disabilities such as
    blindness.

        National/Racial/Ethnic Minorities.--Random xenophobic attacks on
    foreign African migrants and ethnic minorities occurred and sometimes
    resulted in death, injury, and displacement. Such attacks were
    generally perpetrated by citizens who blamed immigrants for job and
    housing losses and increasing levels of crime. The Government sometimes
    responded quickly and decisively to xenophobic incidents, sending
    police and soldiers into affected communities to quell violence and
    restore order. However, civil society organizations criticized the
    Government for failing to address the root causes of the violence, for
    not facilitating opportunities for conflict resolution in affected
    communities, and for failing to deter such attacks by vigorous
    investigation and prosecution of participants.
        On July 11, citizens attacked foreign-owned spaza shops (small
    retail enterprises) and looted homes in Mbekweni, Paarl East,
    Wellington, and Nyanga in Western Cape Province. Approximately 70
    foreign nationals sought refuge at the Mbekweni police station in
    Paarl; 22 at the Wellington police station; and about 100 foreign
    nationals at a campsite outside Wellington. In response, the Government
    deployed police and SANDF troops to townships in Western Cape Province
    with instructions to take harsh action to stamp out xenophobic threats.
    Police Minister Nathia Mthethwa and Defense Minister Lindiwe Sisulu,
    who flew to the province to survey the situation, determined that the
    attacks had been orchestrated by criminals using xenophobia to
    destabilize communities. All those who had fled their homes had
    returned to their communities or moved elsewhere by year's end. Police
    arrested seven men in the Nyanga area and charged them with public
    violence; there were no further developments.
        On July 19, a robbery in the township of Kya Sands sparked a
    confrontation between locals and foreign nationals. Attackers, some
    armed with axes and pangas (large, heavy knives), kicked down doors
    demanding money and identity documents. Spaza shops owned by foreign
    nationals were looted. Sixteen people, including South Africans, were
    injured. The Government, insisting that the attacks were not related to
    xenophobia, sent in a heavy police and military presence. Ten suspects
    were arrested; the investigation was ongoing at year's end.
        There were no further developments in the following 2009 xenophobic
    attacks: the May burning by a mob in Darling of a shop belonging to
    Somali citizens Omar Josef and Hazim Amad, both of whom were killed in
    the fire; the December attack by residents of the Westernburg Township
    outside Polokwane of Zimbabwean nationals, which resulted in serious
    injuries and the displacement of more than 200 persons; and the
    December stoning by hundreds of Franschhoek residents of Somali-owned
    businesses.
        In November 2009 a mob chased approximately 3,000 Zimbabwean
    migrants out of the town of De Doorns by attacking and destroying the
    migrants' shacks; the attacks were reportedly sparked by competition
    for seasonal farming jobs, with residents accusing the Zimbabweans of
    agreeing to work longer hours for less pay. Police fired rubber bullets
    to disperse the mob and arrested 24 persons for public violence. The
    minister of home affairs subsequently sent a delegation to the town to
    assist those migrants who had lost their identification documents
    during the attack. The migrants set up an informal IDP camp on a local
    rugby field, although most subsequently left. In December 2009 the
    Witwatersrand University's Forced Migration Studies Project (FMSP)
    released a study that indicated that dissatisfied local labor brokers
    had pressured local leaders and residents to chase the Zimbabweans away
    because they were angered by income losses blamed on Zimbabwean labor
    brokers. On May 17, the municipality served notice on 369 IDPs who
    still remained in the informal camp, giving them until September 6 to
    relocate. The municipality promised to pay each person 1,200 rand
    ($168) and provide transport, but subsequently claimed it did not have
    sufficient funds, resulting in the IDPs' refusal to move until the
    agreement was honored. During the year the IDPs reported being
    intimidated and pressured by the municipality. Meetings between the
    community, local NGOs, and the municipality continued at year's end
    with little sign of progress.
        In September 2009 the Equality Court in Cape Town postponed until
    later that month a xenophobia compensation claim by 11 foreign-national
    shopkeepers from Zwelethemba township in Worcester. The plaintiffs were
    seeking financial compensation and an apology from the police for
    allegedly failing to protect them during the 2008 attacks. There was no
    further information about the case at year's end. In February the SAHRC
    released its report on the 2008 xenophobic attacks against foreign
    African migrants and ethnic minorities, which resulted in 62 deaths in
    Western Cape, Gauteng, and KwaZulu-Natal provinces; injuries to 670
    persons; and the displacement of 80,000 migrants, most of whom had
    reintegrated into their communities by the end of 2009. The report made
    more than 100 recommendations, including the development of an early
    warning system, better protection of foreign nationals, and the
    successful prosecution of perpetrators. Field studies by the Institute
    for Security Studies and FMSP implicated local ward politicians in
    orchestrating attacks to gain political influence with residents,
    although no related arrests were made. According to the Department of
    Justice and Constitutional Development, more than 1,000 suspects were
    identified, resulting in the referral of 597 cases to court, of which
    109 were charged; the conviction rate was 16 percent. NGOs claimed that
    none of the arrests or prosecutions was for murder, but the FMSP
    reported that one suspect was convicted of murder and sentenced to 15
    years in prison.
        The continued killings of mostly white farm owners by black
    assailants created concern among white farmers that they were being
    targeted for racial and political reasons, although studies showed
    perpetrators were generally common criminals motivated by financial
    gain. There also were reports that white employers abused and killed
    black farm laborers and complaints that white employers received
    preferential treatment from the authorities. The Freedom Front Plus, an
    Afrikaner minority political party, accused Minister of Police Nathi
    Mthethwa of shying away from farm murders by refusing to record them as
    a separate statistic in the SAPS Annual Report. The provincial
    government of KwaZulu-Natal established forums to increase contact
    between farmers and the police and to devise strategies to stop farm
    attacks as part of the national government's ``Building a United Front
    Against Crime'' campaign.
        On April 3, Eugene Terre'Blanche, leader of the extremist white
    right-wing Afrikaner resistance movement, was bludgeoned to death at
    his farm near Ventersdorp, Limpopo Province. Two of Terre'Blanche's
    farm workers, a man and a 15-year-old boy, later contacted police and
    claimed to have committed the crime. On April 6, the two were charged
    with murder and remained in prison awaiting trial, which had been
    postponed to May 2011.
        The law requires employers with 50 or more employees to ensure that
    previously disadvantaged groups, legally defined as ``Blacks''
    (including ``Africans,'' ``Colored,'' and ``Asians'' and collectively
    constituting more than 90 percent of the country's population) are
    represented adequately at all levels of the workforce. Notwithstanding
    the country's antidiscrimination legislation, however, the DOL's 2009
    Employment Equity Analysis reported that Blacks remained
    underrepresented, particularly at the professional and managerial
    levels. According to the report, Blacks held only 17.9 percent of top
    management positions, 20 percent of senior management positions and
    approximately 32.8 percent of all professional positions. Black women
    remained by far the most disadvantaged group in number and quality of
    management or skilled jobs. Employers cited a lack of training and
    development, poor recruitment processes, and an antagonistic corporate
    culture as the main impediments to affirmative action.

        Indigenous People.--The NGO Working Group of Indigenous Minorities
    in Southern Africa estimated that there were approximately 6,000
    indigenous San in the country, some of whom worked as farmers or as
    farm laborers. By law the San have the same political and economic
    rights as other citizens; however, the Government did not always
    effectively protect those rights or deliver basic services to the San
    communities. Their participation was limited due to fewer
    opportunities, minimal access to education, and relative isolation.

        Societal Abuses, Discrimination, and Acts of Violence Based on
    Sexual Orientation and Gender Identity.--The post-apartheid
    constitution outlaws discrimination based on sexual orientation, and in
    2006 the country legalized same-sex marriage. There were no reports of
    official mistreatment or discrimination. However, in its annual Social
    Attitudes Survey released in 2008, the Human Sciences Research Council
    found widespread public intolerance of homosexual activity, with 80
    percent of respondents believing sex between two persons of the same
    gender to be ``wrong'' and ``un-African.''
        Rights groups reported that the LGBT community was subject to
    societal abuses including hate crimes, gender violence targeting
    lesbians, and killings. The Triangle Project, the country's largest
    lesbian and gay rights organization, reported it received each week in
    Cape Town 10 new cases of lesbian women being targeted for
    ``corrective'' rape, in which men raped lesbians to punish them for
    being lesbian and to change their sexual orientation.
        The trial of seven men accused of the 2006 murder of Zoliswa
    Nkonyana, a lesbian, in Cape Town, was postponed several times during
    the year. On September 15, the trial was again postponed because one of
    the defense attorneys had not arrived in court. While the court was
    waiting, four of the accused escaped their holding cell at the court,
    but were rearrested four days later. A police sergeant at the jail was
    also arrested for allegedly helping the men escape. In December the
    trial was postponed to March 2011.

        Other Societal Discrimination.--With availability of life-saving
    ARV treatments, civil society activities, such as the Treatment Action
    Campaign, and government campaigns to reduce discrimination against
    persons with HIV/AIDS, the social stigma associated with HIV/AIDS
    declined, according to anecdotal reports.
    Section 7. Worker Rights

        a. The Right of Association.--The law allows all workers with the
    exception of members of the National Intelligence Agency and the Secret
    Service to form and join unions of their choice without previous
    authorization or excessive requirements, and these laws were applied.
    The two unions in the military were governed by provisions in the
    National Defense Bill that state that unions cannot affiliate with any
    existing union federation and do not have the right to strike. A labor
    court and labor appeals court enforced the right of association. Trade
    union membership is estimated at three million persons and is largely
    divided between three major union federations: the Congress of South
    African Trade Unions (COSATU), the Federation of Unions of South
    Africa; and the National Coalition of Trade Unions.
        Labor laws extend to farm workers. President Zuma reported at the
    July 30 National Farm Workers Summit that there were 7.5 million
    persons who were farm dwellers and farm workers. Zuma reported that
    they were protected under the South African Constitution and all labor
    laws but that exploitation of farm workers continued. The Government
    and unions enlisted the cooperation of AgriSA, the national farmers'
    organization, to continue to improve the farm environment. COSATU and
    leading agricultural NGOs complained that labor conditions on farms
    remained harsh, including underpayment of wages and poor living
    conditions. The union estimated that 10 percent of the agricultural
    labor force was unionized and that unionization of farm workers
    remained difficult.
        The law provides for the right to strike, and workers exercised
    this right frequently; however, workers considered to be providing
    essential services were prohibited from striking. Nevertheless, strikes
    throughout the year involved essential service staff. Disputes between
    workers in essential services and their employers that were not
    resolved through collective bargaining, independent mediation, or
    conciliation were referred to arbitration or the labor courts.
        Strikes were frequently chaotic and marked by destruction of
    municipal property, alleged acts of worker sabotage, and violence
    perpetrated against non-striking workers. Police occasionally used
    force to disperse demonstrators blocking main roads and blocking
    entrances to hospitals and schools. During the Public Sector Strike on
    August 19, police used rubber bullets, water cannons, and tear gas to
    disperse a strike by public servants who were blocking entrances to
    hospitals and barricading main roads to bring traffic to a standstill.
        Strikes were routine. Approximately 1.2 million public servants,
    including most public school teachers and nurses at public healthcare
    facilities, were on strike between August 18 and September 6. The
    strike crippled services at public hospitals and schools. Workers
    frequently blocked access to those facilities, and the SANDF was called
    to both restore order and assist with medical care. President Zuma
    criticized civil servants for deaths due to limited hospital services.

        b. The Right to Organize and Bargain Collectively.--The law allows
    unions to conduct their activities without interference. The Government
    protected these rights, and workers exercised them. Collective
    bargaining is protected by law. The law prohibits employers from
    discriminating against employees or applicants due to past, present, or
    potential union membership or participation in lawful union activities.
    There were no lawsuits filed for antiunion discrimination.
        There are no export processing zones.

        c. Prohibition of Forced or Compulsory Labor.--The law prohibits
    forced or compulsory labor, including by children; however, there were
    reports that such practices occurred, primarily in domestic labor.
        See also the Department of State's annual Trafficking in Persons
    Report at www.state.gov/g/tip.

        d. Prohibition of Child Labor and Minimum Age for Employment.--
    Child labor is prohibited by law. However, reports of child labor were
    received in informal and agricultural sectors, particularly in the
    former homeland areas. The law prohibits employment of a child less
    than 15 years of age. Children over 15 but under 18 are also prohibited
    from work that places at risk the child's wellbeing, education,
    physical or mental health, or spiritual, moral, or social development.
    The Government generally enforced child labor laws in the formal
    sectors of the economy. Underage children were allowed to work in the
    performing arts if their employer received DOL permission and agreed to
    follow specific guidelines.
        The HIV/AIDS epidemic contributed to the number of households
    headed by children who supported themselves and often younger siblings.
    However, in its 2007-08 Child Gauge Report, the Children's Institute at
    the University of Cape Town stated that there was little evidence of
    recent rapid growth in the orphan population due to HIV/AIDS. The South
    African Institute of Race Relations, a research and policy
    organization, reported that child-headed households accounted for 0.5
    percent of all households, or approximately 148,000 households in 2007.
    The Children's Institute noted that levels had remained relatively
    stable since the 2002 General Household Survey.
        Child labor was extremely limited in the formal economy, which is
    monitored by strong and well organized unions, and sources could not
    provide information about specific cases of child labor exploitation.
    Despite a lack of statistical information, child labor was reported to
    exist in the informal and extralegal market, particularly in the
    agricultural sector as well as in domestic work. NGOs alleged that many
    children in rural areas carried water for their families for excessive
    hours under physically demanding conditions. Some children were
    exploited by adults and forced to sell drugs and commit robberies,
    including armed robbery.
        The DOL attempted to employ an estimated 1,000 labor inspectors to
    investigate reports of violations of child labor and trafficking and to
    submit any evidence to the SAPS. However, due to a shortage of skilled
    labor in the country, the DOL reported it was not always able to meet
    the goal and exact figures were unavailable. Other reports indicated
    that the actual number of inspectors was closer to 650. Violation of
    laws regulating child employment is punishable by a maximum prison
    sentence of three years or a fine of 15,000 rand ($2,100). In some
    cases DOL inspectors opted to resolve child labor cases by counseling
    of employers, parents, and children, or by enlisting the services of
    professionals in the welfare and education departments. There were
    reports that inspectors had difficulty gaining access to farms where
    child labor was reported.
        The Government's Child Labor Program of Action integrated the
    priorities of government ministries to combat child labor with a
    variety of government financial support mechanisms. The Children's
    Amendment Act No. 41 of 2007, signed into law by President Mbeki in
    2008, was officially implemented on April 1. This Act strengthens the
    Children's Act No. 38 of 2005, which set national regulations outlining
    the care and protection of children, the responsibilities of parents,
    and the prosecution procedures in the case of violations. The original
    act also reduced the majority age from 21 years to 18 years. The 2007
    Amendment Act expands the scope of the Children's Act by delegating
    responsibility over which both the national and provincial governments
    share functions and duties. However, the largest factor in reducing
    child labor remained the Government's 250 rand ($35) per month Child
    Support Grant to primary care givers of children under the age of 16.
    The age was scheduled to be increased to 17 in January 2011 and 18 in
    January 2012.
        See also the Department of State's annual Trafficking in Persons
    Report at www.state.gov/g/tip.

        e. Acceptable Conditions of Work.--There was no legally mandated
    national minimum wage, although the law gives the DOL authority to set
    wages by sector. Minimum wages were established for multiple economic
    areas including the retail sector, farm laborers, domestic workers, and
    taxi (minibus) drivers. The minimum wage for farm workers was
    approximately 6.31 rand ($.88) per hour. The minimum hourly wages for
    domestic workers employed more than 27 hours per week ranged from 4.85
    rand ($.67) to 7.06 rand ($.98). Depending on the province, compliance
    with the minimum wage rate generally ranged from 65 to 90 percent,
    according to 2007 DOL figures. According to COSATU, sector minimum
    wages did not provide a decent standard of living for a worker and
    family.
        Annual negotiations between employers and employee associations or
    unions set wage rates on an industry or plant basis for unionized
    workers in the formal economy. Wage negotiations for civil servants
    resulted in numerous strikes during the year. Most unions demanded
    double-digit wage increases; economists lamented these were not tied to
    productivity or inflation. President Zuma, speaking at the National
    Farm Workers Summit, stated that ``the evictions, human rights abuses,
    and super exploitation of farm workers and farm dwellers remain a
    blight on the conscience of our society and a serious obstacle to the
    creation of a vibrant rural economy. The establishment of the
    Department of Rural Development and Land Reform indicates our
    seriousness in ensuring an intense focus on rural development.''
        The law establishes a 45-hour workweek, standardizes time-and-a-
    half pay for overtime, and authorizes four months of maternity leave
    for women. No employer may require or permit an employee to work
    overtime except by agreement, and overtime may not be more than 10
    hours a week. The law stipulates rest periods of 12 consecutive hours
    daily and 36 hours weekly, which must include Sunday. The law allows
    for adjustments to rest periods by mutual agreement. These standards
    were effectively enforced in the formal sector, as labor unions and
    labor courts focused on compliance. A ministerial determination
    exempted businesses employing fewer than 10 persons from certain
    provisions of the law concerning overtime and leave. Farmers and other
    employers could apply for variations from the law by showing good
    cause.
        The law protects both foreigners and immigrant workers. In 2008 the
    Commission for Conciliation, Mediation, and Arbitration (CCMA) ruled in
    favor of a foreign employee whose employment contract had been
    terminated by Discovery Health Limited when the employee's temporary
    work permit expired. The CCMA's ruling established that foreign workers
    are included and protected by the Labor Reform Act.
        The Government set occupational health and safety standards through
    the Department of Minerals and Energy for the mining industry and
    through the DOL for all other industries. Occupational health and
    safety issues were a top priority of trade unions, especially in the
    mining, construction, and heavy manufacturing industries. The law
    provides for the right of mine employees to remove themselves from work
    deemed dangerous to health or safety. The law prohibits discrimination
    against an employee who asserts a right granted by the law, and
    requires mine owners to file annual reports providing statistics on
    health and safety incidents for each mine. In addition, a tripartite
    mine health and safety council and an inspectorate of mine health and
    safety were responsible for enforcing the law and monitoring compliance
    with its provisions.
        In 2008 parliament passed amendments to the Mine Health and Safety
    Act, making employers subject to heavy fines or imprisonment for the
    serious injury, illness, or death of employees due to unsafe mine
    conditions. The amendments provide for mine inspectors to enter any
    mine at any time to interview employees and audit records.
        Outside the mining industry, there were no laws or regulations that
    permitted workers to remove themselves from work situations deemed
    dangerous to their health or safety without risking loss of employment;
    however, the law provides that employers may not retaliate against
    employees who disclose dangerous workplace conditions.
        While labor conditions improved on large commercial farms, they
    remained harsh, especially for small holdings' workers, most of whom
    were black. Many owners of small farms did not measure working hours
    accurately. Twelve-hour days were common during harvest time, and few
    farmers provided overtime benefits. At the July 30 National Farm
    Workers Summit, President Zuma mentioned that farm workers still lack
    proper housing and access to basic services and amenities. He said
    workers struggle to gain access to education and healthcare and
    generally do not feel safe. Zuma said that workers in the sector ``do
    not feel they are an integral part of the South African society.''

                                   __________

                                     SUDAN

        Sudan, a republic with an estimated population of 40 million, is
    governed according to a power-sharing arrangement established by the
    2005 Comprehensive Peace Agreement (CPA), which ended the 22-year civil
    war between the North and South and established an interim Government
    of National Unity (GNU). The GNU is composed of the National Congress
    Party (NCP), dominated by Islamists from the North and ruled by
    authoritarian President Omar Hassan al-Bashir and his inner circle, and
    the Sudan People's Liberation Movement (SPLM), led predominantly by
    Christians and practitioners of traditional indigenous religions from
    the South. From April 11 to 15, the country held its first nationwide,
    multiparty elections in 24 years. The elections, which several Northern
    opposition parties boycotted, did not meet international standards.
    Observers reported problems including the restriction of civil
    liberties; inadequate logistical preparations; intimidation and threats
    of violence, particularly in the South; that ongoing conflict in Darfur
    did not permit an environment conducive to elections; and that the
    tabulation process was not transparent and did not follow procedural
    safeguards, raising ``questions about the accuracy of the election
    results.'' President Bashir was reelected, and his political party won
    323 out of 450 seats in the National Assembly. The SPLM is the ruling
    party of the semiautonomous Government of Southern Sudan (GOSS), which
    ratified a separate constitution in 2005. A referendum to determine
    whether the South would become an independent entity was scheduled for
    January 2011. A CPA-mandated simultaneous referendum on the status of
    the Abyei area was indefinitely postponed. The country experienced
    several violent conflicts during the year, including continued conflict
    in Darfur and in the South. In the North and South, there were
    instances in which elements of the security forces acted independently
    of civilian control, especially in the Darfur region.
        The following human rights abuses occurred: abridgement of
    citizens' right to change their government; extrajudicial and other
    unlawful killings by government forces and other government-aligned
    groups throughout the country; torture, beatings, rape, and other
    cruel, inhumane treatment or punishment by security forces; harsh
    prison conditions; arbitrary arrest and detention, incommunicado
    detention of suspected government opponents, and prolonged pretrial
    detention; executive interference with the judiciary and denial of due
    process; obstruction of the delivery of humanitarian assistance and the
    expulsion of individuals working for humanitarian nongovernmental
    organizations (NGOs); restrictions on privacy; restrictions on freedom
    of speech; restrictions on the press, including direct censorship;
    restrictions on freedoms of assembly, association, religion, and
    movement; harassment of internally displaced persons; harassment and
    closure of human rights organizations; violence and discrimination
    against women, including female genital mutilation; child abuse,
    including sexual violence and recruitment of child soldiers; prevention
    of international human rights observers from traveling to and within
    the country; trafficking in persons; discrimination and violence
    against ethnic minorities; denial of workers' rights; and forced and
    child labor.
        Conflict and human rights abuses in Darfur continued. An estimated
    1.9 million civilians have been internally displaced, and approximately
    270,000 refugees have fled to neighboring Chad since the conflict in
    Darfur began in 2003. According to UN estimates, 268,000 persons were
    displaced between January and November in Darfur. The UN estimated in
    2006 that 200,000 persons had died as a result of the conflict and that
    by 2008 an additional 100,000 may have died. Civilians in Darfur
    continued to suffer from the consequences of genocide.
        The Government continued to bomb and burn civilian areas.
    Government forces and government-aligned militia continued to kill
    civilians, rape women and girls, and use child soldiers. Darfur rebel
    factions, bandits, and unidentified assailants also killed and abducted
    civilians, humanitarian workers, and personnel of the UN-African Union
    (AU) Hybrid Mission in Darfur (UNAMID); beat and raped civilians; and
    used child soldiers. Interethnic violence was a severe problem and
    resulted in civilian deaths and displacement.
        In Southern Sudan (the South) interethnic fighting and Lord's
    Resistance Army (LRA) attacks continued to kill and displace civilians.
    According to UN estimates, violence in the South resulted in an
    estimated 986 deaths and the displacement of 223,708 persons during the
    year. Attacks by local militias occurred after the April elections.
    Registration for the 2011 Southern Sudan self-determination referendum
    occurred from November 15 through December 8 in all 25 states. Lack of
    progress on preparations for a separate referendum on whether the
    border region of Abyei should be part of the North or the South led to
    sporadic violence and rising tensions in the area.
                            respect for human rights
    Section 1. Respect for the Integrity of the Person, Including Freedom
            From:

        a. Arbitrary or Unlawful Deprivation of Life.--There were numerous
    reports that the Government and its agents committed arbitrary and
    unlawful killings.
        Government forces, government-aligned militias, rebels, and
    interethnic fighting killed civilians in connection with the conflict
    in Darfur (see section 1.g.).
        Violence involving the Sudan People's Liberation Army (SPLA),
    militias, interethnic fighting, and the LRA killed civilians in the
    South (see section 1.g.).
        On January 14, authorities executed six men convicted of killing
    police officers during violence in the Soba Aradi area of Khartoum in
    2005. The men reportedly stated they had not had sufficient access to
    counsel and that their confessions were obtained through the use of
    torture.
        On February 14, the National Intelligence and Security Services
    (NISS) arrested University of Khartoum student Mohamed Moussa Abdallah
    Bahr el Din. He was found dead the next day, with his body showing
    signs of torture.
        Security forces killed demonstrators. On May 2, police opened fire
    on persons protesting against a North Darfur-area Ponzi scam, killing
    17 and injuring 200 others. The protesters had assembled to submit a
    letter of protest to the governor of North Darfur.
        On May 26, at Dalanj University, police fired at student
    demonstrators; three students were killed and others injured during the
    altercation that reportedly occurred during a sit-in at the National
    Students' Support Fund. It was unclear why police fired on the
    demonstrators. Conflicting witness accounts included a report that NCP-
    affiliated students at the scene beat the protesters with lengths of
    rebar, in addition to the actions from the police.
        On December 1, at Zalingei University in West Darfur, security
    forces fired upon student demonstrators, killing two and injuring
    others. The demonstrators were protesting during a Doha forum civil
    society consultation and reportedly threw rocks at a departing convoy.
    Minister of Justice Mohamed Bushara Dosa reportedly ordered an
    investigation into the killings.
        There were no reported developments regarding civilians killed by
    fighting between the Government and rebels during the 2008 Justice and
    Equality Movement (JEM) attack on Omdurman or on persons killed by the
    NISS in Khartoum and Omdurman following the attack.
        SPLA soldiers committed extrajudicial killings.
        There were no known developments concerning the May 2009 killing of
    five civilians and injuring of three others in Pibor by SPLA soldiers.
        There were no reported developments in the 2008 case of civilians
    killed and displaced in connection with an SPLA disarmament operation
    in Iloli and Loguruny villages in Eastern Equatoria. According to the
    UN, the SPLA stated that members of its Brigade Nine were arrested in
    connection with the case; no additional information was available.
        During the year land mines in the South killed 13 civilians and
    injured another 25. The Government continued to cooperate with the UN
    Mine Action Group to remove land mines in the South.
        On June 10, the four individuals convicted and sentenced to death
    in 2009 for the 2008 killings of diplomat John Granville and driver
    Abdelrahman Abbas Rahama escaped from Kober Prison. Authorities caught
    one of the killers, Muhanned Abuzaid Mohamed Salih, within a week, but
    the other three remained at large.

        b. Disappearance.--The Government was responsible for politically
    and ethnically motivated disappearances.
        There were no further developments in the cases of up to 2,500
    Darfuris detained by the NISS following the 2008 JEM attack. Most had
    been released by the end of 2008. According to information in a July
    Amnesty International report, there may be approximately 200 persons
    whose whereabouts remained unknown.
        There were developments in the case of Abdelillahi Widaa, cofounder
    of the NGO Darfur Forum for Reconciliation and Peaceful Coexistence,
    who turned himself in to the NISS for questioning in 2008 and was then
    detained and tortured at an undisclosed location. Widaa fled the
    country after authorities released him in late 2009.
        An estimated 15,000 Dinka women and children were abducted from
    villages in Southern Sudan, mainly from 1983 to 1999; thousands of
    these persons remained unaccounted for. The Government's Committee to
    Eradicate the Abduction of Women and Children did not receive
    government funding and did not return any previously abducted persons.
        Gunmen in Darfur abducted humanitarian workers and UNAMID
    personnel; this included criminal kidnapping for ransom (see section
    1.g).
        Intertribal abductions of women and children in the South
    continued. For example, the Murle tribe regularly abducted children
    during raids.
        The LRA abducted persons, including children, in Southern Sudan
    (see section 1.g.).

        c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
    Punishment.--The Interim National Constitution prohibits such
    practices; however, government security forces continued to torture,
    beat, and harass suspected political opponents and others. In Darfur
    and other areas of conflict, government forces, rebel groups, and
    tribal factions committed torture and abuse (see section 1.g.). SPLA
    forces sometimes abused persons in the South.
        In accordance with Sharia (Islamic law), the Criminal Act provides
    for physical punishments, including flogging, amputation, stoning, and
    crucifixion--the public display of a body after execution. In practice
    such physical punishment other than flogging was not frequently used.
    Under the Interim National Constitution, the Government exempts the 10
    southern states from Sharia, although it was applied there on an ad hoc
    basis, and traditional customary law was frequently applied against
    convicted defendants. Northern courts routinely imposed flogging,
    especially for production of alcohol.
        Government security forces beat and tortured persons in detention,
    including members of the political opposition, civil society activists,
    and journalists. These persons were often subsequently released without
    charge.
        For example, on October 9, in Khartoum, NISS officials arrested
    Simon Noye Agot and 11 others at an event organized by the Student
    Campaign to Support South Sudan Separation. Security forces tortured
    Agot. He was beaten and threatened with being arrested again, and his
    genitals were squeezed with metal objects. Authorities released him the
    following day but took his shoes, cell phone, and money. A court
    sentenced Agot to 15 days' imprisonment for disturbance of public
    peace.
        On several occasions during the year, authorities arrested, held
    incommunicado, and beat members of the activist group Girifna.
    Authorities forced some of those arrested to sign confessions. In all
    cases authorities charged the individuals but then released them within
    days of their arrests without taking them to trial. Those arrested
    reported that security forces attempted to compel them to act as NISS
    informers from within Girifna as a condition for their release.
        For example, on March 15, authorities reportedly detained and
    tortured Girifna member Abdallah Mahdi Badawi. An individual claiming
    to be a new Girifna member had arranged to meet with him; however, he
    was instead taken to an office where 13 men interrogated and abused
    him.
        On July 5, in Khartoum, police reportedly arrested Girifna members
    Hassan Ishag, Azzi Eldine al-Anssari, and Hassan Mohamed while they
    were distributing the group's magazine. They were released the
    following day after being taken to national security offices, where
    they were questioned, reportedly tortured, and asked to become
    informants.
        Under public order laws, indecent dress is punishable by a maximum
    of 40 lashes, a fine, or both. Authorities in the North applied this
    law more frequently against women than men. It was applied against both
    Muslims and non-Muslims.
        On December 14, security forces arrested more than 44 persons, most
    of whom were women, demonstrating in reaction to a video that showed
    two police officers lashing a woman. Authorities later released the
    demonstrators on bail but charged them with public nuisance and
    disturbing the peace.
        Police and NISS officers forcibly dispersed protesters, which
    resulted in serious deaths and injuries (see sections 1.a. and 2.b.).
        Security forces in the North raped women, including in connection
    with the conflict in Darfur.
        Security forces in the South abused civilians, including political
    party members.
        On April 14, in Yambio in Central Equatoria State, during the
    elections, an SPLA soldier and an intelligence officer reportedly beat
    two persons affiliated with an independent candidate.
        There were cases in which Southern Sudan Police Services (SPSS)
    officers and SPLA officers reportedly raped women, including with
    impunity. For example, there were allegations of rape and forced
    prostitution of female cadets, beatings, and sale of food that should
    have gone to cadets at the John Garang Unified Police Academy at Rajaf.

        Prison and Detention Center Conditions.--Prison conditions
    throughout the country remained harsh and overcrowded. Health care was
    often below standard; prisoners sometimes relied on family or friends
    for food. Officials continued to arbitrarily deny visits to prisoners.
        The Government routinely mistreated persons in custody. Security
    forces held detainees incommunicado; beat them; deprived them of food,
    water, and toilets; and forced them to sleep on cold floors. Prisoners
    died from lack of health care and poor prison conditions. For example,
    in Darfur, prison overcrowding contributed to the spread of meningitis
    and the deaths of at least three prisoners during the year. A South
    Darfur prison with a capacity of 250 persons held 750 individuals as of
    September 7.
        Men and women were not held together in the North. In Khartoum,
    juveniles did not occupy adult prisons or jails but sometimes were held
    with adults elsewhere in the North. Political prisoners were held in
    special sections of prisons. The main prison in Khartoum, Kober Prison,
    contained separate sections for political prisoners, those convicted of
    financial crimes, and an unknown number of JEM detainees.
        Prisoners were allowed to take part in religious observance,
    including attending church, as well as Muslim prayers in the North.
    Authorities permitted prisoners, but not detainees, to submit
    complaints to judicial authorities without censorship and to request
    investigation of credible allegations of inhumane conditions.
    Authorities investigated credible allegations of inhumane conditions in
    prisons and documented the results of such investigations. However,
    these rights were not always granted to pretrial detainees, political
    prisoners, and those in the custody of police or security forces.
        The Government allowed some restricted visits to prisons by human
    rights observers in the North, although unfettered access continued to
    be denied. The International Committee of the Red Cross (ICRC) had
    limited access to government prisons during the year; however, released
    prisoners reported that officials hid high-profile detainees during
    visits. The Ministry of Justice occasionally granted UN Mission in
    Sudan (UNMIS) and UNAMID access to visit government prisons during the
    year.
        In Darfur, prison officials participated in UN-sponsored capacity-
    building trainings.
        Prisons in the South were overcrowded. The UN independent expert on
    the situation of human rights in the Sudan noted that the Juba prison
    held 957 persons, although it was built to hold 500. Prisons in
    Southern Sudan typically provided inmates with two meals a day.
    According to law, in times of ``food shortage'' prisons are only
    required to provide one meal a day. The Prisons Directorate of Southern
    Sudan (SSPD) provided separate quarters for male and female prisoners
    and usually held juveniles in separate cells. In many prison
    facilities, including Bor, Rumbek, and Wau, there was a clear
    separation of adult and juvenile prisoners. In other prisons, such as
    Juba where a partition wall had collapsed, there was no meaningful
    separation of adult and juvenile prisoners because of poor
    infrastructure. There was a special prison section to hold children
    separately from adults.
        Pretrial detainees were generally, but not always, held in jails
    separate from convicted prisoners in the South. Detention centers in
    the South were under the control of local tribal or state authorities
    and were uniformly substandard. Some were holes dug in the ground
    around a tree, with detainees shackled to the tree. Sanitary and
    medical facilities were uniformly inadequate.
        The SSPD permitted monitoring of prison conditions by the ICRC and
    other observers.
        The Minni Minawi faction of the Sudan Liberation Army (SLA/MM)
    continued to operate detention centers in North Darfur, including in
    Dar al Salaam, Zam Zam, Um Baru, and Shangil Tobaya. UNAMID reported
    that detainees were held in poor detention conditions. The SLA and
    other rebel groups allowed the ICRC access to some detainees. UNAMID
    visited the SLA/MM detention center in Zam Zam for internally displaced
    persons (IDPs) camp during the year. On August 2 and August 17,
    respectively, UNAMID was denied access to the SLA detention centers in
    Zam Zam and Um Baru. According to the Human Rights and Advocacy Network
    for Democracy (HAND), the SLA/MM summarily executed six civilian
    prisoners in Dar el Salam, Tabit, and Um Gunga.

        d. Arbitrary Arrest or Detention.--The Interim National
    Constitution prohibits arbitrary arrest and detention without charge;
    however, the Government continued to arbitrarily arrest and detain
    persons, often under the National Security Act. Throughout the country,
    arbitrary arrests and detention were common. While not legally invested
    with arrest powers, the SPLA arrested and detained persons.

        Role of the Police and Security Apparatus.--Several government
    entities have responsibility for internal security, including the
    police, the NISS, the Ministry of Interior, and the Ministry of
    Defense; all had active security forces. The NISS maintains security
    officers in major towns and cities throughout the North, including
    Darfur, and has a presence in the South. The NISS also controlled the
    Central Reserve Police (CRP). The Ministry of Defense's Border
    Intelligence Force (border guards), a loosely organized force composed
    largely of former janjaweed fighters, also operated in Darfur.
        Security force impunity was a serious problem. The 2010 National
    Security Act provides NISS officials with impunity for acts involving
    their official duties. Abuses by security forces were not generally
    investigated. Security force corruption was a problem, and security
    force members sometimes supplemented their incomes by extorting bribes.
        The SPSS has responsibility for law enforcement in the South under
    the interim Southern Sudan constitution. The SPSS lacked resources and
    capacity. Police reports were often incomplete; files, if used, were
    frequently misplaced; and suspects were frequently detained based on
    accusations rather than official investigations. Many SSPS members are
    illiterate and lack formal education. Police corruption, impunity, and
    lack of effectiveness were problems. There were reports of retaliation
    against persons who complained about police abuses.
        The SPLA does not have law enforcement authority under the Interim
    Southern Sudan Constitution, except when requested by civil
    authorities; however, the SPLA detained persons, including in SPLA-run
    detention facilities, most notably in Lakes State. The SPLA conduct of
    internal security and civilian disarmament caused tensions with
    communities which claimed that the SPLA was not politically neutral and
    not well disciplined.
        The UNMIS police component trained SSPS personnel on a wide range
    of security-related subjects during the year, but limited GOSS
    resources hampered the effectiveness of the training programs.

        Arrest Procedures and Treatment While in Detention.--Warrants are
    not required for an arrest in the North. The criminal code permits
    authorities to detain individuals for three days without charge, which
    can be extended for 30 days by order of the director of security and
    another 15 days with the approval of the prosecuting attorney.
    Individuals accused of violating national security were frequently
    detained indefinitely without charge, although the National Security
    Act specifies that such individuals may be detained without charge for
    three months, which the director of security may extend for another
    three months. The law provides for the individual to be informed of the
    charges at the time of arrest and for judicial determination without
    undue delay, but these provisions were rarely followed.
        The law allows for bail, except for those accused of crimes
    punishable by death or life imprisonment, and there was a functioning
    bail system in the North.
        Although the law provides for access to a lawyer, government
    security forces often held persons incommunicado for long periods in
    unknown locations without access to lawyers or family members.
        Authorities in the North arbitrarily arrested and detained
    individuals. The NISS conducted numerous arbitrary arrests. Authorities
    often detained persons for a few days before releasing them without
    charge, but many persons were held for much longer. In Darfur, UNAMID
    documented more than 140 cases during the year in which the NISS,
    military intelligence, Sudanese Armed Forces (SAF), or SLA/MM
    arbitrarily arrested and detained persons.
        On March 4, in Khartoum, security forces broke up a peaceful
    election event held by Girifna, charging members Taj Alsir Jafar Taj
    Alsir, Abdallah Mahadi Badawi, and Hisham Mohamed Alhaj Omer with
    creating a public nuisance.
        On September 21, in El Fashir, the NISS reportedly arrested Awatif
    Ishag Ahmed, an activist and editor of Alrahil magazine. She was
    detained for several hours and questioned regarding the International
    Criminal Court (ICC).
        There were reports that some businessmen were held in detention
    without due process for failure to repay large loans from Sudanese
    financial institutions. Two financial prisoners died in January while
    serving long detentions for failing to pay debts.
        Several Darfuri university students who were arrested in April 2009
    remained detained without charge or legal representation at Kober
    Prison. The students were members of the United People's Front party.
    According to representatives from HAND, one of the students may have
    been released for health reasons.
        Security forces in the North continued to target Southern women in
    IDP camps because they produced and sold traditional home-brewed
    alcohol beverages; some of these women were arrested and imprisoned for
    up to six months under Sharia law. During the year there were
    documented cases of female Southerners in the North, including in IDP
    camps, whom security forces arrested, flogged, or imprisoned for
    alcohol possession. Lawyers who worked with IDPs indicated that there
    were fewer instances of this than in previous years.
        The police arrested unmarried pregnant women who claimed to have
    been raped. Unless a rape victim could provide proof of the crime, she
    could be charged with the capital offense of adultery (see section 6).
        Lengthy pretrial detention was common. Trial delays were caused by
    large numbers of detainees and judicial inefficiency, such as the
    failure of judges to appear for court.
        The Government routinely imposed house arrest without due process.
        In the South, under the GOSS 2008 criminal procedures code,
    warrants should be issued by a duly authorized official; however,
    arbitrary arrests occurred. Persons arrested must be brought before a
    public prosecution attorney, magistrate, or court within 24 hours.
    Police may detain individuals for 24 hours without charge in the South;
    this may be extended up to one week with authorization from the public
    prosecution attorney and by up to two weeks with authorization from a
    magistrate. Detainees in the South were generally informed of charges
    against them. There is a functioning bail system in Southern Sudan.
    Those arrested have the right to access to an attorney and contact with
    their family. Persons in the South were occasionally not informed
    regarding their right to access to a lawyer and were not provided
    prompt access to lawyers. There was an insufficient number of lawyers
    to provide adequate defense counsel. In Southern Sudan trial delays
    also resulted in unreasonably lengthy pretrial detentions.
        On February 18, at the Juba airport, security forces arrested SPLM-
    Democratic Change (SPLM-DC) members Denis Aywork Yor, Priyjwok Akol,
    Ajawin, and Amjad Angelo Marino. They were detained, questioned about
    their political activity, and released from custody the following day.
        On February 28, security officials reportedly arrested SPLM-DC
    members who were transporting campaign materials from Khartoum to
    Northern Bahr al-Ghazal and detained them in a military detention
    center in Aweil.

        e. Denial of Fair Public Trial.--Although the Interim National
    Constitution and the law provide for an independent judiciary, the
    judiciary was largely subservient to the president or the security
    forces, particularly in cases of alleged crimes against the state. On
    occasion courts displayed a degree of independence; however, political
    interference with the courts was commonplace, and some high-ranking
    members of the judiciary also held positions in the Ministry of
    Interior or other ministries in the executive branch.
        Special courts existed in Darfur under the state of emergency to
    try crimes against the state; there were three such courts, one in each
    Darfur state capital.
        The judiciary was inefficient and subject to corruption. On June 3,
    a group of lawyers complained to the chief of the judiciary in Khartoum
    that judges in el-Geneina, West Darfur, were continually absent from
    work, resulting in a backlog of court cases. A number of replacement
    judges were eventually sent from Khartoum.
        Courts in the South were generally very rudimentary, understaffed
    (with judges handling many of the court's administrative tasks), and
    suffering from undertrained personnel. The courts are formally
    independent, but in practice they are dependent upon the GOSS for
    funding and at times subject to pressure from the SPLA on sensitive
    matters. Because the courts are chronically underfunded, there was
    ample room for corruption in the court system, and there were numerous
    reports of bribery involving judges and other court officials.
    Traditional courts have been formalized and integrated into the
    judicial system. The court system did not function in many areas due to
    lack of infrastructure, communications, funding, and an ineffective
    police force.

        Trial Procedures.--The Interim National Constitution and law
    provide for fair and prompt trials as well as a presumption of
    innocence; however, this often was not respected. Trials are open to
    the public at the discretion of the judge. In cases of national
    security and offenses against the state, trials were usually closed.
    Juries are not used. The accused normally has the right to an attorney,
    and the courts are required to provide free legal counsel for indigent
    defendants accused of crimes punishable by death or life imprisonment.
    Defendants and their attorneys generally have the right to present
    evidence and witnesses, be present in court, confront accusers, and
    have access to government-held evidence relevant to their cases.
    However, there were reports that defendants frequently did not receive
    legal counsel and that counsel in some cases could only advise the
    defendant and not address the court. There were reports that the
    Government sometimes did not allow defense witnesses to testify.
    Defendants have a right to appeal, except in military trials, where
    there is no appeal.
        Persons in Darfur did not generally have access to legal counsel.
    The independent expert on human rights in the Sudan noted that, during
    his February visit, he found 13 of the 54 persons on death row at a
    North Darfur prison did not have legal counsel during their trial.
        In January antiterrorism courts tried and convicted two additional
    persons in connection with the 2008 JEM attack on Omdurman, bringing
    the total number of death sentences in the trials to 106. In trials
    involving these cases, authorities did not permit defendants access to
    lawyers before trial, held them incommunicado for up to four months,
    and reportedly tortured defendants. On February 24, following the
    signing of the framework agreement with the JEM, the Government
    released 50 of the prisoners sentenced to death in these trials.
    Reportedly, some persons acquitted by these trials were not released,
    and authorities rearrested other persons who had been released.
        In January 2009 Mohamed Alsary Ibrahim, a former police force
    member, whom authorities convicted of planning to provide information
    to the ICC, was sentenced to 17 years' imprisonment. UNMIS had
    expressed concern that he was not provided full access to counsel, that
    his counsel did not have access to evidence against him, and that his
    confession was allegedly coerced.
        Lawyers wishing to practice were required to maintain membership in
    the Government-controlled Sudanese Bar Association. The Government
    continued to arrest and harass members of the legal profession whom it
    considered to be political opponents.
        Military trials, which sometimes were secret and brief, did not
    provide procedural safeguards. For example, the defendant's attorney
    could advise the defendant but could not address the court.
        The Special Courts Act created special three-person security courts
    to deal with violations of constitutional decrees, emergency
    regulations, and some sections of the penal code, as well as drug and
    currency offenses. Special courts, composed primarily of civilian
    judges, handled most security-related cases. Defendants in these courts
    had limited opportunities to meet with counsel and were not always
    allowed to present witnesses during trial.
        Under the interim national constitution, Sharia is applied in the
    North but not in the South.
        In domestic cases pertaining to Coptic Christians, courts often
    allowed a Coptic priest to make the final ruling, a practice most
    commonly employed for divorces and other family suits involving Copts.
        In some instances tribal courts that were not considered part of
    the official legal system decided cases. Such courts did not provide
    the same protections as regular courts.
        In the South, under the interim Southern Sudan constitution,
    defendants enjoy a presumption of innocence; public trials; the right
    to be present in a criminal trial without undue delay, with the law
    regulating trial in absentia; and legal aid if they are unable to
    defend themselves in serious offense.
        Observers continued to report concerns that persons sentenced to
    death in the South often did not receive fair trials due to lack of
    capacity of the legal system and a lack of adequate legal
    representation.
        Some judges in the South reportedly continued to follow Sharia
    legal procedures.
        In parts of the South and the Nuba Mountains, where civil
    authorities and institutions did not operate, there were no effective
    judicial procedures beyond customary courts. According to credible
    reports, military units in those areas summarily tried and punished
    those accused of crimes, especially of offenses against civil order.
        The GOSS recognized traditional courts or courts of elders, which
    applied customary law to most cases in remote and rural areas of the
    South, including domestic matters and criminal cases. Persons tried in
    traditional courts do not enjoy the same legal protections as those in
    the formal system. For example, they did not have access to counsel or
    the right of appeal, and women were discriminated against.

        Political Prisoners and Detainees.--The Government held an
    undetermined number of political prisoners and detainees. Security
    forces detained without charge, tortured, and held incommunicado
    political opponents. Detentions of such persons often were prolonged.
        The Government continued to target members and leadership of the
    Popular Congress Party (PCP) and other opposition parties for arrest.
        On May 16, the NISS arrested opposition leader Hassan al-Turabi,
    founder of the PCP. He was held in isolation without charge for 45
    days. That same day authorities arrested journalists with the PCP-
    affiliated newspaper Rai al-Shaab (see section 2.a.).
        On May 20, Farouq Abu Eissa, an opposition alliance leader, was
    arrested and briefly detained.
        The Government detained persons who participated in political
    protests.
        The Government did not permit international humanitarian
    organizations to have access to political detainees.

        Civil Judicial Procedures and Remedies.--There was access to a
    court for lawsuits seeking damages for human rights violations;
    however, the judiciary was not independent. There were problems
    enforcing domestic court orders.
        The South's legal system also provides for an independent and
    impartial judiciary in civil matters. The courts provide access for
    those seeking to bring lawsuits to address human rights violations and
    damages. There is also a developed system of traditional courts down to
    the local level through the South, and these courts are often presided
    over by village chiefs and elders.

        f. Arbitrary Interference With Privacy, Family, Home, or
    Correspondence.--The interim national constitution and law prohibit
    such actions, but the Government routinely violated these rights in
    practice.
        Security forces frequently conducted searches without warrants and
    targeted persons suspected of political crimes.
        Police often entered IDP areas without a warrant in search of
    illegal alcohol brewing and seized property unrelated to brewing.
    Police also extorted money from illegal alcohol brewers by threatening
    them with prison.
        The Government monitored private communication and movement of
    individuals without legal process. A wide network of government
    informants conducted surveillance in schools, universities, markets,
    workplaces, and neighborhoods.
        Under Sharia, a Muslim man may marry a non-Muslim, but a Muslim
    woman cannot marry a non-Muslim unless he converts to Islam; this
    prohibition was not observed or enforced universally in the South or
    among the Nubans. Non-Muslims may adopt only non-Muslim children; no
    such restrictions apply to Muslim parents.
        The interim constitution of Southern Sudan prohibits interference
    with private life, family, home, or correspondence, except in
    accordance with the law. The GOSS generally did not interfere with
    privacy, home, or correspondence in the South; however, there were
    reports that rural detention centers held family members of accused
    persons who had fled before they could be arrested in the South.

        g. Use of Excessive Force and Other Abuses in Internal Conflicts.--
    Darfur.--In Darfur fighting involving government, government-aligned
    militias, rebel groups, and ethnic groups continued to kill, injure,
    and displace civilians. Violence in Darfur killed 2,321 persons during
    the year, an increase compared with the 875 persons killed the previous
    year. Approximately 45 percent of the violence-related deaths during
    the year were caused by armed conflict, 38 percent by tribal clashes,
    and 17 percent due to crime or accidents. Fighting between government
    forces and rebel groups particularly impacted the areas of Jebel Marra
    and Jebel Moon, beginning early in the year, and near Khor Abeche
    beginning in mid-December. Intercommunal violence increased during the
    year. Tensions in IDP camps also resulted in deaths. Rape as well as
    recruitment of child soldiers continued to occur.
        While estimates varied, approximately 1.9 million persons have been
    internally displaced in Darfur, and approximately 270,000 refugees have
    fled to neighboring Chad since the conflict in Darfur began in 2003.
    According to UN estimates, 268,000 persons were displaced between
    January and November in Darfur. IDPs in Darfur continued to face
    significant humanitarian needs and experience abuse (see section 2.d.
    for more-detailed coverage of IDPs).
        Government forces provided support, weapons, and ammunition to
    government-aligned militias, and the Government seldom took action
    against soldiers or militia members who attacked civilians.
        Fighting, insecurity, bureaucratic obstacles, and government and
    rebel restrictions reduced the ability of peacekeepers and
    humanitarians to access impacted areas. Armed persons attacked, killed,
    injured, and kidnapped peacekeepers and humanitarians. Humanitarian
    organizations were often not able to access and deliver humanitarian
    assistance in conflict areas, particularly in Jebel Marra and Jebel
    Moon. The Government's expulsion of 13 international humanitarian NGOs
    and three local NGOs in 2009 continued to degrade the delivery of
    humanitarian services. The lack of access as well as fear of government
    retribution resulted in reduced reporting on human rights and
    humanitarian information during the year.
        Developments regarding ICC cases pertaining to President Bashir,
    Ahmad Muhammad Haroun, and Ali Muhammad Abd al-Rahman included the
    following:
        On July 12, pretrial chamber I issued a second warrant of arrest
    against President Bashir for three counts of genocide. This warrant was
    in addition to the March 2009 ICC arrest warrant issued for Bashir for
    five counts of crimes against humanity and two counts of war crimes.
    Both arrest warrants remained outstanding at year's end.Ahmad Muhammad
    Haroun, for whom the ICC issued a warrant of arrest in 2007 when he was
    then state minister for humanitarian affairs, remained the appointed
    governor of South Kordofan.Ali Muhammad Abd al-Rahman, also known as
    ``Ali Kushayb,'' a janjaweed militia commander, for whom the ICC issued
    a warrant of arrest in 2007, remained at large.In his semi-annual
    report in December, the prosecutor reported to the UN Security Council
    that crimes continue in Darfur, and that the Government of Sudan
    remained uncooperative with UN Security Council Resolution 1593 and
    with execution of the arrest warrants against Haroun and Kushayb.
        Developments with respect to the ICC prosecutor's 2008 request for
    an arrest warrant for three rebel commanders, Bahr Idress Abu Garda,
    Abdallah Banda Abakaer Nourain, and Saleh Jerbo Jamus, for war crimes
    pertaining to the 2007 attack on African Union (AU) peacekeepers at
    Haskanita included the following:
        On June 17, Abdallah Banda Abakaer Nourain and Saleh Jerbo Jamus
    voluntarily appeared before the ICC pretrial chamber I in response to
    summonses to appear. In November they waived their rights to be present
    at the confirmation of charges hearing, which took place on December 8.
    The pretrial chamber I's decision is due in 2011.On February 8, ICC
    pretrial chamber I declined to confirm the war crimes charges against
    Abu Garda, finding that the prosecution's allegations that Abu Garda
    participated in the alleged common plan to attack Haskanita were not
    supported by sufficient evidence.There were no developments regarding
    the recommendations of the AU High-Level Panel on Darfur's 2009 report,
    including its recommendation to create a hybrid court of Sudanese and
    international judges to prosecute the most serious crimes committed in
    Darfur and a truth and reconciliation commission. Discussions with the
    Government on implementing the panel's suggestions remained stalled due
    to the Government's objections to perceived interference in the
    country's sovereignty.

        Killings.--Government forces and government-aligned militias
    engaged in the killing of civilians, including continued aerial
    bombardment of civilian areas. The aerial bombardment of villages was
    often followed by ground attacks. Attacks resulted in civilian
    displacement (also see section 2.d.).
        Violence in Jebel Marra--a mountainous area that reaches into each
    of the Darfur states --killed and displaced numerous civilians,
    particularly between January and March. In east Jebel Marra, government
    forces and Arab militias launched offensives against Sudan Liberation
    Army/Abdul Wahid (SLA/AW) factions based in the mountains. In western
    Jebel Marra, fighting occurred between SLA/AW factions.
        Fighting between the SAF and SLA/AW in eastern Jebel Marra
    particularly impacted Leiba, Kidingeer, Gugoli, Feina, and Deribat
    villages in South Darfur and Fanga Suk and Gosdor villages in North
    Darfur. Fighting, including aerial bombardment, continued during the
    year. In September-October, the SAF recaptured the villages of Suni and
    Jawa in an aerial and ground offensive that caused deaths and large-
    scale civilian displacement. Humanitarian organizations lacked access
    to Jebel Marra, with the Government permitting only brief day-trips to
    certain areas, making it difficult to gather precise information on the
    fighting's impact on civilians. UNAMID documented cases of gender-based
    violence in connection with the fighting in Jebel Marra. According to
    UNAMID, police arrested perpetrators in two of the cases.
        Among numerous other reports of aerial bombardment:
        On February 17 and 19, respectively, the Government reportedly
    attacked Feina and bombed and attacked the town of Deribat.New IDPs
    reported that on February 24, east of Golo in Jebel Marra, aerial
    bombardment and ground attacks occurred on their village.On September
    1, the SAF carried out ground attacks in Katur village, close to
    Deribat, South Darfur. In the days leading up to the attacks, the SAF
    reportedly carried out aerial bombardment campaigns.In West Darfur's
    Jebel Moon area, government forces carried out aerial bombardment and
    ground attacks against the JEM. Fighting occurred between January and
    March and then resumed in May. The JEM withdrew from Jebel Moon by May
    13; they were pursued by the SAF, and clashes continued. The violence
    displaced civilians. The Government and rebels denied UNAMID access to
    Jebel Moon. The UN Children's Fund (UNICEF) received information that
    the SAF and other unidentified men committed gender-based violence
    during the fighting.
        On April 29, in Girgigirgi Village near Jebel Moon, government
    aerial bombardment reportedly killed nine civilians.
        In December in South Darfur, fighting between government and SLA/MM
    forces displaced almost 20,000 persons from Khor Abeche and Shaeria.
    Negeha and Jaghara villages, which were near Khor Abeche, were burned.
    Humanitarians lacked access to Khor Abeche. In North Darfur, fighting
    between government and rebel groups in Dar al-Salaam and Shangil Tobaya
    displaced 25,000 persons between December 19 and December 31. There
    were reports of civilian deaths, looting, and destruction of civilian
    property during the fighting in both North and South Darfur.
        Fighting that resulted in killing civilians, also occurred in other
    areas of Darfur.
        For example, on January 16, near Katum, North Darfur, fighting
    between the SAF and SLA/AW reportedly killed 15 civilians and injured
    20.
        Chadian rebels also reportedly committed abuses near the area of Al
    Saiyah in North Darfur, including looting of villages and rape. On
    January 10, two civilians were reportedly killed when the local
    population clashed with Chadian rebels who had looted in Um Kary
    Village.
        Tensions in IDP camps regarding disputes over political
    representation in the Doha peace processes resulted in deaths and
    additional displacements during the year.
        In late July violence erupted in Kalma IDP camp between IDPs who
    supported and those who opposed peace talks in Doha. At least 35
    persons died, and approximately 30,000 IDPs fled the camp. The
    Government sought six individuals for alleged responsibility for the
    violence. They remained under UNAMID protection at year's end. After
    UNAMID began round-the-clock police patrols in the camp, security
    improved; however, sporadic gunfire erupted occasionally at night, and
    houses were set on fire.
        In August similar politically motivated violence in Hamidiya and
    Hassahissa IDP camps in West Darfur between pro- and anti-Doha factions
    resulted in the shooting death of a student.
        On September 3-4, violence again erupted in Hamidiya IDP Camp
    between pro- and anti-Doha factions, leading to the deaths of seven
    IDPs in the camp and injuries to approximately 30. At least three of
    those killed were SLA/AW supporters. Prior to this, on July 27, SLA/AW
    supporters killed three pro-Doha supporters in the camp.
        Inter- and intratribal conflict increased during the year. It was
    fueled by increased competition for resources due to desertification
    and population growth, the weakening of traditional mediation
    mechanisms, and the proliferation of arms. Between March and May,
    intertribal violence killed more than 500 persons. Ethnic conflict
    caused 38 percent of violence-related deaths in Darfur.
        In March in the area between Zalingei in West Darfur and Kass in
    South Darfur, fighting erupted between the Misseriya and the Nawaiba-
    Rizeigat tribes. During the year the violence killed hundreds and
    caused displacements. The tribes were fighting over land along the two
    states' border. The fighting limited UNAMID's ability to access some
    areas around Kass.
        On April 20, in Al Ban Jadid, South Darfur, clashes between the
    Rizeigat and al-Saada tribes killed more than 50 persons.
        On September 2, armed men who eyewitnesses identified as Arab
    tribesmen attacked Tabarat Village in North Darfur, killing at least
    37, injuring at least 35, and reportedly displacing 3,000. Presidential
    Advisor Ghazi Sallahudin commenced an official investigation, appointed
    a special prosecutor for Darfur to focus on issues of justice and
    impunity, and promised compensation to victims.

        Physical Abuse, Punishment, and Torture.--All parties to the
    conflict perpetrated acts of torture and abuse. The Government abused
    persons detained after armed conflict as well as IDPs suspected of
    having links to rebel groups. There were continued reports that
    government security forces, Arab militia, and other armed persons raped
    women and children.
        Sexual and gender-based violence continued during the year
    throughout Darfur. IDPs reported that perpetrators of such violence
    were often government forces, members of Arab militia, or unidentified
    men. Assailants assaulted, raped, threatened, shot, beat, and robbed
    women.
        The Government's expulsion of 13 international NGOs and closure of
    three national NGOs in 2009 ended most gender-based violence programs,
    as well as reduced reporting on gender-based violence.
        There were multiple cases reported of IDPs being harassed,
    arrested, and tortured by the NISS (also see section 2.d., IDPs). When
    political tension escalated into violence in Hamidiya and Hassahissa
    camps, the NISS arrested and detained IDPs who were suspected of being
    affiliated with SLA/AW or suspected of providing information to sources
    in the international community. Other reports circulated of SLA/AW
    supporters who went missing.
        Authorities often obstructed access to justice for rape victims.
        UNAMID documented cases of abuse, arbitrary arrest, and torture by
    security forces in Darfur, including the CRP.

        Child Soldiers.--Recruitment of child soldiers remained a serious
    problem in Darfur. The Armed Forces Act prohibits the recruitment of
    children and provides criminal penalties for perpetrators.
        A UN report covering 2009 found that more than 14 Sudanese and
    foreign armed forces and groups in Darfur recruited and used children.
    The majority of such cases occurred in West Darfur. These groups
    included the SAF, police including the CRP and Border Intelligence
    Force, government-aligned militias, Chadian rebels, JEM, JEM (Peace
    Wing), Movement of Popular Force for Rights and Democracy, SLA/AW, SLA/
    Abu Gasim/Mother Wing, SLA/Free Will, SLA/MM, SLA/Peace Wing, and SLA/
    Unity. Darfur rebel groups also recruited child soldiers in the
    Sudanese refugee camps in Chad in 2009.
        Although UNICEF signed an action plan in 2007 with SLA/MM that
    committed the rebel group to identifying locations of child soldiers,
    SLA/MM continued to use child soldiers.
        On July 21, JEM signed an action plan with UNICEF to end the use of
    child soldiers. From February through April, 574 children were released
    by JEM-Peace Wing, SLA-Peace Wing, and the Movement for Popular Forces
    for Rights and Democracy.
        There were no new developments in the 2008 case of children
    detained in connection with the JEM attack on Omdurman. As of December
    2009, 119 children received pardons and were released, but some
    children were sentenced to death and remained detained at year's end.
        Also see the Department of State's annual Trafficking in Persons
    Report at www.state.gov/g/tip.

        Other Conflict-Related Abuses.--All parties to the conflict
    obstructed the work of humanitarian organizations and UNAMID, caused
    the displacement of civilians, and abused IDPs.
        Restrictions, violence, and insecurity reduced the ability of
    humanitarian organizations to provide needed services. For example,
    UNAMID reported that the World Food Program was not able to provide
    food to more than 250,000 intended beneficiaries in Darfur.
        On February 18, the NISS arrested a UNAMID national staff member,
    confiscated his laptop and cell phone, and subjected him to several
    hours of questioning.
        Following the July violence in Kalma Camp, authorities blocked
    humanitarian assistance to Kalma Camp and Bileil Camp from late July
    until mid-August. As of September 6, NGOs resumed health, nutrition,
    water, sanitation, and hygiene activities. However, most basic services
    were provided at reduced levels. IDPs and others stated that the
    Government's blockage of humanitarian assistance was intended to force
    IDPs to relocate, and the Government discussed plans to relocate Kalma
    Camp during the year.
        The 2009 expulsions of 13 international NGOs reduced the access of
    persons to humanitarian services. While some programs were able to
    continue by utilizing local staff and government assistance, the
    expulsions dramatically decreased nonemergency humanitarian services.
    UN organizations and remaining organizations attempted to cover lost
    humanitarian capacity.
        Following the expulsions armed SAF and NISS officers arrived at the
    offices of several NGOs and confiscated office equipment and personal
    possessions of NGO staff. NGOs reported that not all seized assets had
    been returned.
        In July the Government expelled two International Organization for
    Migration staff members from the country.
        On August 17, the NISS arrested a UNAMID national staff member for
    allegedly making comments related to national security. UNAMID
    personnel were denied access to the detainee.
        Despite the 2007 Joint Communique between the Government and the
    UN, government forces frequently harassed NGOs that received
    international assistance, restricted or denied humanitarian
    assessments, did not approve technical agreements, changed procedures,
    copied NGO files, confiscated NGO property, questioned humanitarian
    workers at length, monitored humanitarians' personal correspondence,
    delayed the issuance of visas and travel permits, restricted travel,
    and publicly accused humanitarian workers of being ``spies,'' ``Western
    agents,'' and ``workers for Israel.''
        Policy discrepancies between Darfur state-level and Khartoum-based
    officials in the Government's Humanitarian Aid Commission (HAC)
    adversely affected humanitarian operations.
        The HAC continued to request that NGOs refrain from interviewing or
    selecting staff unless they used a five-person government selection
    panel and had HAC officials present, significantly delaying the hiring
    of new staff in Darfur. The HAC also continued to impose additional
    requirements on humanitarian organizations during the year on an ad hoc
    basis, often at the state level.
        Rebel forces and bandits obstructed humanitarian assistance,
    regularly attacked the compounds of humanitarian organizations, and
    seized humanitarian aid, assets, and vehicles. Kidnappings increased
    during the year. Attacks against humanitarian convoys continued during
    the year. Instability forced many international aid organizations to
    reduce their operations in Darfur.
        On January 16, in Ain Sairo Village, North Darfur, unidentified
    persons abducted two national staff of Welthungerhilfe, releasing them
    on January 18.
        On May 18, near Nyala, South Darfur, unidentified persons kidnapped
    a Samaritan's Purse foreign aid worker, as well as two national
    Samaritan's Purse staff members. The kidnappers released the two
    national staff members on May 25 and the foreign staff member on August
    30.
        On June 22, in Nyala, South Darfur, unidentified persons kidnapped
    two German humanitarians who worked for Technisches Hilswerk. They were
    released on July 27.
        On March 18, abductors released ICRC staff member Gauthier Lefevre,
    who was abducted in October 2009 near Al Geneina, West Darfur. Four
    days prior, on March 14, two other NGO workers, Olivier Denis and
    Olivier Frappe, were released; they had been abducted in the Central
    African Republic in 2009.
        Unidentified assailants also attacked, killed, and abducted UN
    personnel:
        On May 7, near Katila Village in South Darfur, armed persons
    attacked a UNAMID convoy, killing two and seriously injuring three.On
    June 21, near Nertiti in Jebel Marra, West Darfur, unidentified
    attackers killed three UNAMID peacekeepers and injured one. On December
    15, a court acquitted three persons who had been accused of being
    involved in the attack.On November 5, in Nyala, South Darfur, three
    Latvian World Food Program (WFP) pilots were kidnapped, resulting in a
    negative impact on WFP programs in the area.The Government restricted
    UNAMID's movement, including its access to conflict areas and IDP
    camps; the measures included restricting UNAMID helicopter and rotary-
    wing aircraft flights. JEM, SLA factions, and Chadian rebels also
    restricted UNAMID access. Government forces and rebels at times
    threatened to use force against and fired shots toward, UNAMID forces.
    The Government was uncooperative with the UN Panel of Experts.
        On January 9, in Nama Village in Jebel Marra, SLA/AW members
    surrounded a UNAMID patrol, fired shots in the air, confiscated their
    equipment, and warned them not to return to the area.
        On January 17, JEM stopped a UN patrol east of Kulbus, West Darfur,
    and prevented the patrol from proceeding.
        There were numerous reports of abuses committed by security forces,
    rebels, and militias against IDPs. Insecurity was a problem both inside
    and outside of IDP camps (see section 2.d., IDPs).
        In the cases of IDP leaders arrested and detained without access to
    counsel following the 2009 killing of IDP camp leader Omer Adam Ishaq
    and his wife, 14 of the 18 persons detained were released, while four
    remained in jail at year's end.
                                 southern sudan
        Interethnic fighting, postelection militia attacks on the SPLA,
    cattle rustling, and LRA attacks resulted in deaths and displacement in
    the South during the year. As of November incidents of reported
    violence included 122 intertribal conflicts, 23 intratribal conflicts,
    22 LRA attacks, 21 SPLA and civilian clashes, and two security force
    clashes. LRA attacks, intertribal conflict, and other forms of
    insecurity killed at least 986 persons and displaced approximately
    223,708 during the year.
        The CPA calls for two referenda to be held simultaneously in
    January 2011: a referendum for southerners to vote either for unity
    with the country or secession and a referendum to determine whether
    Abyei will remain in the North or join the South. Preparations for the
    referendum on the status of the South occurred during the year,
    although at a slow pace. The parties did not make progress on key
    decisions necessary to proceed with the referendum on Abyei, including
    the composition of the Abyei Area Referendum Commission and voter
    eligibility. The North stated that the Misseriya, who migrate through
    Abyei from the North, should be eligible to participate, while the
    South did not favor their inclusion.
        The security situation along the border remained tense. The UN
    noted the presence of 600 SPLA troops in Abyei in November and stated
    that this was a violation of the CPA. A few days later the SPLA began
    withdrawing these troops. On November 12, 24, and 25, the SAF bombed
    locations along the Northern Bahr El Ghazal border with Southern
    Darfur, while reportedly targeting JEM forces. On December 6, 8, and 9,
    the SAF bombed within Western Bahr El Ghazal; there were no casualties,
    and the bombings did not target the SPLA.
        According to the UN, approximately two million IDPs and 350,000
    refugees had returned to the South since 2005. These persons had been
    displaced as a result of conflict, famine, and fighting during the
    North-South conflict. In late October the GOSS began an accelerated
    return program. Returns significantly increased toward the end of the
    year, with an estimated 143,000 persons returning between October and
    December.

        Killings and Abductions.--Fighting between security forces and
    civilians, including clashes with Misseriya, resulted in deaths and
    displacement.
        On February 4, in Abiemnom County in Unity State, a clash between
    SPLA and Misseriya killed eight persons.On February 22, fighting
    between Ngok Dinka and the SPLA killed 17 civilians and seven SPLA
    members in Cueibet County, northwest of Rumbek.
        Clashes between Palal locality community members and the SPLA on
    February 28 and March 2 killed 15 civilians and injured four, displaced
    8,000 persons, and damaged or destroyed 1,440 houses and four
    schools.SPLA civilian disarmament activities resulted in deaths and
    displacement. For example, in July SPLA civilian disarmament activities
    in Fashoda County resulted in four deaths and the detention of 11. The
    disarmament followed a reported attack on SPLA forces that killed 11
    soldiers.
        Postelection violence related to militia attacks on the SPLA killed
    persons.
        Unsuccessful independent Jonglei gubernatorial candidate General
    George Athor Deng started a violent campaign after the April elections.
    On April 30, Athor's forces attacked an SPLA military barracks in
    Doleib Hills, Upper Nile State. A number of clashes occurred following
    the attack. According to the UN, the violence caused ``a significant
    deterioration of the security and human rights situations in the area,
    including killings, arbitrary arrests and detentions, rape, looting,
    and destruction of property, as well as restrictions on critical UN
    staff movement.'' On August 8, the SPLA seized a private charter
    helicopter, claiming that the Government was using it to transport
    supplies to Athor. According to the UN, the case was referred to the
    Ceasefire Political Commission.
        On July 25, near Pibor, militia of the unsuccessful independent
    candidate for the Jonglei assembly, David Yau-Yau, attacked an SPLA
    unit, killing two persons and injuring nine. In the period following
    that attack, Yau-Yau's forces also attacked additional targets, both
    civilian and military.
        On August 8, in Unity State, armed persons under the command of
    Colonel Gatluak Gai, attacked a convoy and killed 17 SPLA members and
    six civilians.
        The LRA attacked, killed, abducted, and displaced civilians in the
    South, particularly in Western Equatoria. Although there were fewer
    reports of LRA-related violence than in the previous year, the LRA
    killed an estimated 16 or more persons, abducted 50, and displaced more
    than 42,000 persons during the year. LRA forces often attacked near
    food distribution locations.
        On May 16, 29 armed persons suspected to be members of LRA attacked
    Nabaaria village in Tambura (about 100 miles northwest of Yambio). The
    attackers ransacked the village, looted a large quantity of medicine
    from a medical clinic, and abducted six villagers.On May 17, suspected
    LRA members attacked Mabia Village in Tambura (approximately 100 miles
    northwest of Yambio), killing three government employees; 10 days
    later, the LRA attacked the same area again, killing one person and
    abducting three others.On July 29, suspected LRA members ambushed two
    UN-contracted vehicles near Yambio in Western Equatoria State, killing
    two persons and injuring four others.On September 4, six LRA members
    attacked a village near Yambio, killing six civilians and abducting a
    boy and a girl. The girl escaped soon after her abduction.Intertribal
    and intercommunal clashes, particularly in Jonglei, Upper Nile, Lakes,
    and Warrab States, continued during the year and resulted in deaths and
    the abduction of children. An SPLA-implemented disarmament campaign and
    foreign-funded conflict mitigation programs helped to reduce cattle
    rustling and child abduction in Jonglei State, although conflict
    persisted. Intratribal fighting was also a problem.
        On February 27 and 28, fighting erupted between Dinka Atout and
    Dinka Ciic clans in Yirol (about 59 miles southeast of Rumbek),
    reportedly killing 30.An August 4, conflict involving cattle raiding
    among communities in the counties of Yirol East and Yirol West in Lakes
    State killed 30.On September 20, in Jonglei State, Lou Nuer surrounded
    Duk Padiet Village and killed at least 70 Dinkas. Security force
    personnel were also killed during the attack.

        Child Soldiers.--UN personnel believed that SPLA did not actively
    recruit child soldiers. According to the SPLA Child Protection Unit
    (which was inaugurated in August), UNICEF, and other international
    NGOs, as of October approximately 800 children continued to work for
    the SPLA in some type of menial and administrative capacities. UNICEF
    indicated that demobilization was occurring rapidly in the last months
    of the year.
        The LRA, which used child soldiers, abducted children from Southern
    Sudan for this purpose.
        Also see the Department of State's annual Trafficking in Persons
    Report at www.state.gov/g/tip.

        Other Conflict-Related Abuses.--During the year the UN noted 125
    instances of interference with humanitarian work in the South,
    including interference by GOSS security forces.
        The SAF, the SPLA, and Misseriya groups continued to restrict
    UNMIS's movements during the year. UNMIS reported that during the
    period between January and May 27, the SPLA and SSPS on 36 occasions
    and the SAF on five occasions restricted UNMIS movement. These delays
    constrained UNMIS's ability to monitor the ceasefire agreement and
    access civilian protection and humanitarian needs.
        For example, the UN reported that the SAF continued to block UNMIS
    access to Higlig and Karasana in Southern Kordofan State.
        The SPLA detained UNMIS helicopters. On July 22, near Kodok, SPLA
    members detained a UNMIS patrol at gunpoint and assaulted the UNMIS
    helicopter crew sent to remove them from the area, and on August 4, at
    Tonji, the SPLA detained a UNMIS helicopter on an airstrip for six
    hours.
        The UN also reported that between August 11 and July 22, the SPLA
    prevented UNMIS access to the Kodok area in Upper Nile State.
        Intertribal conflict, insecurity, and LRA attacks limited the
    ability of humanitarian organizations to provide assistance to
    vulnerable populations.
    Section 2. Respect for Civil Liberties, Including:

        a. Freedom of Speech and Press.--The interim national constitution
    provides for freedom of thought, expression, and of the press ``as
    regulated by law''; however, the Government severely restricted these
    rights in practice. The Government, including through the NISS,
    continued to censor print and broadcast media, arrest and torture
    journalists, and harass vocal critics of the Government. Direct nightly
    prepublication censorship of newspapers occurred from May to August.
    The Government controlled the media through the National Press Council,
    which administered mandatory professional exams for journalists and
    editors. Journalists also practiced self-censorship.
        The interim constitution of Southern Sudan provides for freedom of
    expression ``without prejudice to order, safety, or public morals as
    determined by law'' and states that all levels of government shall
    guarantee from of the press ``as shall be regulated by law in a
    democratic society''; however, there were instances in which security
    forces in the South restricted media freedom during the year.
        Individuals who criticized the Government publicly or privately
    were subject to reprisal, including arrest. The Government attempted to
    impede such criticism and monitored political meetings.
        Journalists were subjected to arrest, harassment, intimidation, and
    violence due to their reporting.
        From May to year's end, 13 cases were filed against the pro-SPLM
    publication Ajrass al-Hurriya on various charges, ranging from
    violations against the sovereignty of the state to defamation and
    erroneous reporting. Seven of the 13 cases were filed against newspaper
    columnist Faiz al-Silaik--four by the NISS, one by SAF (for reporting
    on a military execution in Darfur), one by the Council of Ministers,
    and one by the police. Public order police filed three other cases
    against the newspaper for coverage of the videotaped flogging of a
    woman that appeared on YouTube in December and for its coverage of the
    Lubna Hussein ``trouser case.'' The remaining three cases were settled
    out of court. Al-Silaik was scheduled to appear in court on February
    27, 2011.
        On May 16, the same day that authorities arrested PCP leader Hassan
    al-Turabi, they also arrested four employees of the PCP-affiliated
    newspaper Rai al-Shaab--deputy editor in chief Abuzar Al Amin, editor
    Ashraf Abdelaziz, administrator Nagi Dahab, and news desk head Al Tahir
    Abu Jawhara. The NISS also closed the newspaper's office. On May 27,
    authorities also arrested Rai al-Shaab editor Ramadan Mahjoub.
    Authorities tortured Abuzar Al Amin and reportedly tortured Altahir Abu
    Jawrah and Ashraf Abd-al-Aziz as well. On June 2, Nagi Dahab was
    released. The remaining Rai al-Shaab journalists were tried on charges
    related to crimes against the state. The court reportedly issued a
    decree barring newspapers from reporting on the trial and did not allow
    testimony from defense witnesses. On July 14, the court sentenced
    Abuzar Al Amin to five years' imprisonment, Ashraf Abdelaziz and Al
    Tahir Abu Jawhara to two years' imprisonment, and acquitted Ramadan
    Mahjoub. In July a final order was issued for the office to be closed
    and its assets confiscated.
        Between October 30 and November 1, security forces arrested several
    Darfuri activists and an individual who worked for Radio Dabanga (see
    section 5).
        In early November NISS officers arrested Jaafar al-Sabki, a Darfur
    reporter for the independent daily al-Sahafa on allegations that he
    passed reports on Darfur to an unnamed organization. At year's end al-
    Sabki remained detained at Kober Prison in Khartoum.
        The NISS required journalists to provide the Government with
    personal information, such as details on their tribe, political
    affiliation, and family.
        The Government directly controlled some print media outlets and
    exerted a great degree of control over the limited number of
    independent newspapers, including through direct censorship.
        From May to August, NISS prepublication censorship, which had
    occurred from March 2008 to September 2009, resumed. NISS personnel
    went to newspaper offices to directly remove articles, went to printing
    houses to stop publication, and called journalists to tell them which
    topics were not allowed to be covered. In response to the restrictions,
    the newspaper al-Maydan did not publish during most of this time.
    Authorities censored several other newspapers, rendering normal
    printing operations impossible. Other government restrictions,
    including official calls to editors and writers warning of off-limit
    topics and prohibitions on placing ads in newspapers the Government did
    not favor, continued after August.
        During the year authorities warned newspapers not to report on
    certain topics, including the ICC, Darfur, the June doctors' strike,
    the May arrest of PCP leader Hassan al-Turabi (see section 1.e.,
    Political Prisoners and Detainees) and journalists from Rai al-Shaab,
    the prevention of journalists from traveling to a conference on the ICC
    in May, and the June escape of persons convicted of killing Granville
    and Abdelrahman Abbas Rahama.
        The Government closed al-Intibaha, an extreme right-wing newspaper,
    from July to October.
        Official censorship prevented the publication of the newspapers al-
    Maydan and Ajras al-Hurriya multiple times during the year.
        Authorities similarly harassed English-language newspapers whose
    primary readership was Southerners.
        The Government restricted international media in the North. While
    some foreign journalists were denied visas, others had regular access
    to opposition politicians, rebels, and civil society advocates.
        The Government directly controlled radio and television and
    required that both reflect government policies. Some foreign shortwave
    radio broadcasts were available. A private FM radio station continued
    to operate, and the Government restricted UN radio to operating only in
    the states of the South. In addition to domestic and satellite
    television services, there was a pay cable network, which directly
    rebroadcast uncensored foreign news and other programs.
        On August 8, the Government prohibited BBC broadcasts in the North
    for alleged misuse of the diplomatic pouch on the part of the British
    embassy. Authorities also stated that BBC was broadcasting in Juba
    without proper government authorization.
                                 southern sudan
        Freedom of speech was largely protected in the South, and the GOSS
    did not attempt to impede criticism or regularly monitor political
    meetings. The SPLA and certain of its commanders occasionally
    threatened and detained several journalists in the South for
    broadcasting unfavorable reports of the SPLA and at times the GOSS.
        The independent media were active and expressed a wide variety of
    views without restriction.
        On occasions journalists in Southern Sudan were briefly detained
    and intimidated for writing or broadcasting unfavorable reports about
    the SPLA and the GOSS. These actions were usually resolved quickly
    after high-level intervention by the GOSS political leadership.
        In January security forces reportedly arrested, beat, and detained
    Juba Post journalist Cyrocco Mayom.
        In late February SPLA members reportedly detained and beat Lonya
    Banak, a radio station manager for Internews, following a radio debate
    during which a caller was critical of GOSS service delivery. He was
    reportedly taken to Leer Prison and detained for five days, during
    which time he was beaten.
        After covering the violent dispersal by SPLA of a political rally
    that left three civilians dead, a radio journalist was arrested on
    April 23 in Unity State, held for 13 days, and then dismissed from the
    State-owned radio station.
        In June the GOSS, citing national security, threatened to shut down
    Radio Miraya for broadcasting an interview with General Athor, who had
    started a violent campaign against the GOSS after the April elections.

        Internet Freedom.--The Government monitored Internet
    communications, and the NISS read e-mail messages between private
    citizens. Some Web sites deemed offensive to public morality were
    blocked by the National Telecommunications Corporation, as were most
    proxy servers. While there generally were no restrictions on access to
    news and information Web sites, authorities regularly blocked access to
    youtube.com. During the elections the Government blocked access to the
    Sudan Vote Monitor Web site.
        In the South there were no restrictions on access to the Internet
    or reports that the GOSS monitored e-mail or Internet chat rooms.
    Individuals and groups could engage in the expression of views via the
    Internet, including e-mail.
        According to International Telecommunication Union statistics for
    2008, approximately 10 percent of the country's inhabitants used the
    Internet.

        Academic Freedom and Cultural Events.--The Government restricted
    academic freedom. In public universities the Government appointed the
    vice chancellors, who were responsible for administering the
    institutions. The Government also determined the curriculum. Some
    universities required students to participate regularly in
    progovernment rallies and other activities. Some professors exercised
    self-censorship. The Government regularly arrested student activists.
        On July 29, at a cultural event in Bahri area of Khartoum, public
    order police arbitrarily arrested all foreigners and women in trousers
    and beat many of those in attendance, including minors. The case
    against the event organizer was dismissed in trial, and the police
    lieutenant who led the raid was dismissed from his job for abuse.
        On September 23, tourist police forced the cancellation of a dance
    presentation of the French Cultural Center. Authorities claimed that
    the organizers, who had a permit for the exhibition issued through the
    public order police, lacked a second necessary permit from the Ministry
    of Tourism.
        There were no restrictions on academic freedom or cultural events
    in Southern Sudan.

        b. Freedom of Peaceful Assembly and Association.--Freedom of
    Assembly.--Although the interim national constitution and law provide
    for freedom of assembly, the Government severely restricted this right
    in practice. The Government formally banned all rallies and public
    demonstrations in the country, although this was not always enforced.
    In February the National Elections Commission issued a circular
    requiring a 72-hour prior notice period for political rallies, which it
    reduced to 36 hours in March.
        Islamic orders associated with opposition political parties,
    particularly the Anwar (Umma Party) and Khatmiya (Democratic Unionist
    Party), continued to be denied permission to hold large public
    gatherings, but they held regular opposition rallies on private
    property. Government security agents occasionally attended opposition
    political meetings, disrupted opposition rallies, and summoned
    participants to security headquarters for questioning after political
    meetings.
        Police use of excessive force to disperse demonstrators resulted in
    deaths and injuries.
        On January 20, during a peaceful political rally in support of
    Hamid Mohamed Ali, an independent opposition gubernatorial candidate in
    Red Sea State, authorities arrested 38 persons, seven of whom were
    hospitalized.
        On May 30, in the Omdeda locality of Omdurman, police used tear gas
    to disperse a protest consisting of approximately 100 women and
    children who were demonstrating against the lack of water in their
    municipality. The demonstration closed street traffic for several hours
    and caused a heavy traffic jam before police intervened.
        On October 9, during a UN Security Council visit to the country,
    police arrested at least 75 Southern Sudanese General Student Union
    members. The students had embedded themselves into a prounity public
    rally organized by the NCP, during which they changed into red shirts
    with proseparatist slogans. Police beat some of the rally participants
    and also beat one of the arrested students while he was jailed; that
    student was released on October 11.
        Authorities generally took no action against security forces that
    used excessive force.
        The interim constitution of Southern Sudan provides for freedom of
    peaceful assembly, and the GOSS generally respected this protection.

        Freedom of Association.--The interim national constitution and law
    provide for freedom of association, but the Government severely
    restricted this right in practice. Seventy-two political parties
    officially contested in the April elections. The law effectively
    prohibits political parties linked to armed opposition to the
    Government. The SLM/MM was not permitted to register as a political
    party. The Government continued to harass some opposition leaders who
    spoke with foreign organizations or embassies.
        The interim constitution of Southern Sudan provides for freedom of
    association, and the GOSS generally respected this right in practice.

        c. Freedom of Religion.--For a complete description of religious
    freedom, please see the 2010 International Religious Freedom Report at
    www.state.gov/g/drl/irf/rpt.

        d. Freedom of Movement, Internally Displaced Persons, Protection of
    Refugees, and Stateless Persons.--The interim national constitution and
    law provide for freedom of movement, foreign travel, emigration, and
    repatriation, but the Government restricted these rights in practice.
        The interim Southern Sudan constitution provides for freedom of
    movement within the country, foreign travel, and repatriation, and the
    Government generally respected these rights in practice. The interim
    Southern Sudan constitution does not provide for emigration.
        The Government impeded the work of the Office of the UN High
    Commissioner for Refugees (UNHCR) and delayed full approval of UNHCR
    activities, particularly in North and South Darfur. While in some cases
    it cooperated with the UNHCR and other humanitarian assistance
    organizations in assisting refugees and asylum seekers, the Government
    restricted and harassed such organizations. The UNHCR confirmed that
    the Government continued to disregard international agreements and
    targeted refugees and asylum seekers for abuse. The Government's
    encampment policy requires asylum seekers and refugees to stay in 12
    designated camps. The Government permitted refugees from Eritrea and
    Ethiopia to remain in the country.
        In Darfur the Government and rebels restricted the movement of the
    UN, humanitarian organizations, and citizens (see section 1.g.). Rebels
    also restricted freedom of movement.
        In the South the GOSS cooperated with the UNHCR and other
    humanitarian organizations in providing protection and assistance to
    IDPs and returning refugees.
        While movement was generally unhindered for citizens outside
    conflict areas, foreigners needed government permission for domestic
    travel outside of Khartoum, which was often difficult to obtain and was
    sometimes refused. Foreigners must register with the police on entering
    the country, obtain permission to move more than 15.5 miles outside of
    Khartoum and from one city to another, and reregister at each new
    location within three days of arrival. The GOSS did not restrict the
    movement of foreigners in the South and did not require foreigners to
    register upon entry.
        The Government delayed issuing humanitarian and diplomatic visas
    and travel permits for Darfur and the Three Areas to foreign NGO staff.
        The Government required citizens to obtain an exit visa to depart
    the country. While the issuance of exit visas was usually pro forma and
    not used to restrict citizens' travel, the Government denied some
    humanitarian workers exit visas.
        The Government restricted persons from traveling outside of the
    country to attend conferences.
        In late May officials confiscated the passports of human rights
    activists Salih Mahmud Osman, Mariam al-Mahdi, and Albukhari Abdalla
    Aljaali, who were scheduled to travel to Kampala, Uganda, to attend a
    forum on the ICC. The passports were held for the duration of the
    conference.
        On June 15, officials prevented Albaquir al-Afif Mukhtar, director
    of the Alkhatim Adlan Center for Enlightenment and Human Development
    (KACE) from traveling to a conference in Spain.
        The law prohibits forced exile, and the Government did not use it.
    Opposition leaders and NGO activists remained in self-imposed exile
    throughout northern Africa and Europe during the year, and additional
    activists fled the country during the year.

        Internally Displaced Persons (IDPs).--Large-scale displacement
    continued to be a severe problem in the country. There were an
    estimated 1.9 million IDPs in Darfur, 1.5 million displaced Southerners
    in the North, and 68,000 IDPs in the east. In the Three Areas, there
    were approximately 80,000 IDPs.
                                 northern sudan
        While in previous years the UN estimated that there were
    approximately 2.7 million IDPs in Darfur, more recent International
    Organization for Migration data indicated the number of IDPs in Darfur
    to be 1.9 million. As of November, the UN reported, the conflict in
    Darfur had caused approximately 268,000 new displacements during the
    year, an increase from the estimated 175,000 persons displaced in 2009.
    Government offensives and rebel fighting in Jebel Marra and Jebel Moon
    displaced civilians. In December fighting between government and rebel
    forces in South Darfur and in Dar al-Salaam and Shangil Tobaya
    displaced tens of thousands. Intercommunal violence significantly
    increased and correspondingly displaced civilians. This violence was
    fueled by increased competition for resources due to desertification
    and population growth, the weakening of traditional mediation
    mechanisms, the proliferation of arms, and long-standing ethnic
    rivalries. In addition violence in Kalma IDP Camp between pro- and
    anti-Doha elements in July caused approximately 30,000 IDPs to flee the
    camp.
        IDPs in Darfur faced significant humanitarian needs. The
    Government's expulsion of 13 international humanitarian NGOs and
    closure of three local NGOs in 2009 continued to negatively impact the
    delivery of humanitarian services.
        Government restrictions, harassment, and the threat of expulsion
    resulted in the continued closure of most gender-based violence
    programming. While gender-based violence programming was mainstreamed
    into other humanitarian efforts, reporting and reach were severely
    curtailed. As of August, 96 percent of IDP households lived below the
    poverty line, compared with 86 percent of non-IDP households; 44
    percent of IDP households had incomes at least 50 percent below the
    poverty line.
        There were numerous reports of abuses committed by security forces,
    rebels, and militias against IDPs, including rapes and beatings.
    Government attempts to resettle IDPs were generally unsuccessful,
    except in the case of former Kalma residents returning to West Darfur
    in December.
        IDPs largely boycotted registration for the April nationwide,
    multiparty elections, and thus few participated in the vote, which
    raised concerns regarding their lack of representation in government.
        Outside of IDP camps, insecurity restricted IDP freedom of
    movement; women and girls who left the town and camps risked sexual
    violence. Darfur IDPs did not return in any significant numbers to
    their place of origin, although small-scale spontaneous returns to
    certain villages occurred.
        Insecurity within IDP camps was also a problem. Tensions regarding
    political representation in the Doha peace processes resulted in deaths
    and additional displacements during the year. This was exacerbated by
    the proliferation of arms in camps. The Government provided little
    assistance or protection to IDPs in Darfur. Most IDP camps had no
    functioning police force. International observers noted that criminal
    gangs aligned with rebel groups operated openly in several IDP camps
    and operated back and forth across the border with Chad.
        In late July violence erupted in Kalma IDP camp between IDPs who
    supported peace talks in Doha and IDPs who condemned the talks (see
    section 1.g., Darfur). The violence killed at least 35 persons.
    Approximately 30,000 IDPs fled the camp. Five IDP leaders and one woman
    sought protection from UNAMID, fearing possible government or opposing
    groups' action against them. Five of the individuals were sought by the
    Government, who stated they were responsible for the violence.
    Authorities blocked humanitarian assistance to Kalma Camp and to Bileil
    Camp until mid-August. On September 6, NGOs resumed health, nutrition,
    water, sanitation, and hygiene activities, but for the most part at
    reduced levels. IDPs and others stated that the Government's blockage
    of humanitarian assistance was part of a process to force IDPs to
    relocate, and during the year the Government discussed plans to
    relocate Kalma Camp. According to the UN, more than 1,500 persons from
    Kalma Camp voluntarily returned to areas of displacement in West Darfur
    in early December as part of a government-led return program.
        Similar politically-motivated violence erupted in Hamidiya and
    Hassahissa IDP camps in West Darfur in August. There were multiple
    cases reported of IDPs being harassed, arrested, and tortured by the
    NISS. The Government harassed IDPs in Darfur who spoke with foreign
    observers.
        When political tension escalated into violence in the Hamidiya and
    Hassahissa camps, the NISS arrested and detained IDPs who were
    suspected of being affiliated with SLA/AW or suspected of providing
    information to sources in the international community.
        Following a UN Security Council visit to Darfur, security officials
    arrested and harassed IDPs. On October 8, the NISS sought to arrest 16
    persons in Abu Shouk and Al Salaam camps; the persons went into hiding.
    On October 10, authorities arrested Mohamed Abdalluh Mohamed al-Haj of
    Abu Shouk and Abdalla Ishag Abdul Raziq of Abu Shouk Camp. On October
    17, authorities arrested approximately 24 more persons, including some
    IDPs who had been arrested and released previously.
        Fourteen of the 18 IDP leaders arrested and detained without access
    to counsel following the 2009 killing of IDP camp leader Omer Adam
    Ishaq and his wife were released, while four remained in jail at year's
    end.
        According to the UN, approximately 1.5 million IDPs lived in
    Khartoum State, many of them in shanty towns rather than in the four
    formal camps. Many Southern IDPs in the North have lived there for
    decades, formed families, and found mainly informal employment in the
    North. As of year's end, the parties had not reached an agreement
    regarding the status of Southerners in the North in the post-CPA
    period. At times during the year, government officials made statements
    regarding the expulsion of Southerners, and at other times government
    officials made statements supporting the protection of IDPs. Displaced
    Southerners in and around Khartoum were subject to arrest, flogging,
    fines, warrantless searches, and/or imprisonment in relation to Sharia-
    based prohibitions against alcohol. The Government restricts access to
    formal IDP camps around Khartoum.
        There were no developments regarding the thousands of persons
    displaced by the Merowe dam in previous years.
        In the East, the Government continued to restrict humanitarian
    access. These restrictions significantly limited the ability of
    humanitarian organizations to provide services to vulnerable groups
    such as IDPs and refugees. Approximately 50 percent of IDPs and
    refugees in camps received food rations.
                                 southern sudan
        According to the UN, approximately two million IDPs and 350,000
    refugees have returned to the South since 2005.
        In August the autonomous government of Southern Sudan announced an
    initiative to promote the return of Southerners living in the North.
    Spontaneous and organized returns significantly increased towards the
    end of the year, with an estimated 140,000 persons returning between
    October and December. Many returned to areas located near the North-
    South border, particularly to Unity State and Northern Bahr el Ghazal
    States. Insufficient preparations for the return of IDPs to the South
    was a problem. IDPs who returned to the South faced problems including
    delayed allocation of land, insecurity, lack of basic services, lack of
    livelihood opportunities, and problems obtaining onward transportation
    from towns to counties of origin. There were reports that Misseriya
    temporarily stopped some busses on their way South. In late November
    nearly 7,800 returning IDPs were reportedly stuck in Bentiu after rains
    made roads impassable; they took temporary shelter in school buildings.
    There were also reports of persons who wished to return to the South
    being stranded in Khartoum.
        Interethnic fighting, postelection violence, LRA attacks, and
    conflict between the SPLA and civilians resulted in the widespread
    displacement of persons during the year. During the year violence
    displaced 223,708 persons in the South, with the largest numbers of
    displacements occurring in Western Equatoria, Jonglei, Lakes, and
    Warrab states. The GOSS had only a very limited capacity to provide
    services to IDPs. Most IDPs in the South integrated into communities
    and did not live in a camp environment.
        There were no reported developments in the January 2009 forcible
    eviction of persons from residential areas and markets, which were
    subsequently demolished; the evictions displaced more than 30,000
    persons, including IDPs.

        Protection of Refugees.--The country's laws provide for the
    granting of asylum or refugee status, but the Government has not
    established a system for providing protection to refugees.
        In practice the Government did not provide protection against the
    expulsion or return of refugees to countries where their lives or
    freedom would be threatened on account of their race, religion,
    nationality, membership in a particular social group, or political
    opinion.
        The Government granted asylum to a large number of asylum seekers,
    but there was no standard determination procedure or documentation.
    Officially, the Government should grant prima facie refugee status to
    asylum seekers. However, during the year it required Eritreans to
    register as asylum-seekers rather than automatically granting the
    appropriate refugee status, a policy contrary to national law governing
    refugee status. Most Eritreans who entered the country appeared to be
    familiar with the new steps required to register with the Government as
    an asylum seeker. Government officials were reportedly unresponsive to
    applications for refugee status.
        Refugees were vulnerable to arbitrary arrests, harassment, and
    beatings because applicants did not receive identification cards while
    awaiting government determination of refugee status. Refugees could not
    become resident aliens or citizens, regardless of their length of stay.
    Refugees were not entitled to work permits.
        According to Save the Children, government-supervised primary
    education, while not free, was available to IDP children in Khartoum
    and in refugee camps outside of Khartoum at a nominal cost of 10
    Sudanese pounds (approximately $3) per month.
        The Government provided temporary protection to individuals who
    might not qualify as refugees under the 1951 Convention relating to the
    Status of Refugees and the 1967 Protocol. The country's laws provide
    for the granting of asylum or refugee status, but the Government has
    not established a system for providing protection to refugees.
    Section 3. Respect for Political Rights: The Right of Citizens to
            Change Their Government
        The CPA, interim national constitution, and the interim
    constitution of Southern Sudan provide citizens the right to change
    their government peacefully. CPA provisions relating to this right
    include those providing for simultaneous referenda on the status of the
    South and of Abyei, national elections, a census, and popular
    consultations in Blue Nile and Southern Kordofan.
        The CPA calls for a referendum in January 2011 for Southerners to
    vote either for unity with the country or secession and for a
    concurrent referendum for those of Abyei to determine whether Abyei
    will remain in the North or join the South. During the year the parties
    made significant progress in preparing for the referendum on the status
    of Southern Sudan. Voter registration for the referendum on the status
    of Southern Sudan occurred in December. However, preparations for the
    Abyei referendum stalled due to disagreement over voter eligibility.
        National and state level executive and legislative elections,
    originally scheduled for July 2009 per the CPA, occurred in April but
    did not meet international standards (see Elections and Political
    Participation below).
        The CPA established a three-member presidency consisting of a
    president, first vice president, and vice president. It specified that
    prior to elections, the then incumbent president (Omar Hassan al-
    Bashir) was to serve as president and the then SPLM chairman (Salva
    Kiir) was to serve as first vice president. Ali Osman Taha (NCP) was
    appointed as vice president.
        The 2006 Darfur Peace Agreement created a fourth ranking member in
    the presidency, a senior assistant to the president, Minni Minawi,
    leader of the Darfur rebel group SLA/MM. President Bashir did not
    reappoint Minawi to the position of senior assistant following the
    elections. The Darfur Peace Agreement-mandated Transitional Darfur
    Regional Authority, charged with implementing the agreement and
    promoting coordination and cooperation among the three Darfur states,
    was established in 2007. Minawi served as head of the transitional
    authority until December 8, when President Bashir issued a decree
    declaring the wali of West Darfur as its head.
        The CPA also provided a formula for allocating seats in the
    bicameral legislature (composed of the 450-member National Assembly and
    52-member Council of States) and cabinet prior to the elections. The
    formula reserved 52 percent of the positions for the NCP, 28 percent
    for the SPLM, 14 percent for northern opposition parties, including
    those from Darfur, and 6 percent for southern opposition parties.
        The CPA also provided for a popular consultation process to obtain
    the views of persons in Blue Nile and Southern Kordofan on the CPA, so
    that their respective legislatures could negotiate any shortcomings in
    the constitutional, political, or administrative arrangements of the
    CPA with the Government. The CPA stated that reports of parliamentary
    committees to assess and evaluate CPA implementation were to be
    provided to their respective state legislatures by January 2009;
    however, this deadline was not met. In September the Blue Nile State
    Assembly appointed its popular consultation commission, although it
    lacked funding. Progress on the popular consultations in Southern
    Kordofan was delayed to an even greater extent due to a dispute over
    the 2008 population census. Between June 15 and June 29, the census was
    reconducted in Southern Kordofan State. The parties agreed to postpone
    state level elections in Southern Kordofan, which were rescheduled for
    May 2011.

        Elections and Political Participation.--Voter registration for the
    Southern Sudan Self-Determination Referendum on the status of Southern
    Sudan occurred from November 15 to December 8. Observers reported that
    the process was generally fair, despite some logistical, procedural,
    and security problems. For example, inconsistencies in the application
    of identification, eligibility, and appeals regulations occurred.
    Approximately 3.9 million persons registered to vote throughout Sudan
    and in eight other countries with large Southern Sudanese populations.
    The number of registrants in the North and in other countries was
    significantly lower than early estimates suggested. Turnout for
    registration in the North was low due to distance to the registration
    centers, insufficient awareness raising, and ambiguity about the future
    of Southerners in the North.
        Preparations for the Abyei referendum remained stalled. The North
    and the South did not reach agreement on voter eligibility criteria for
    the CPA-mandated referendum on whether Abyei remains part of Northern
    Sudan or joins the South. The North stated that the Misseriya, who
    migrate through Abyei from the North, should be eligible to
    participate, while the South rejected their inclusion.
        The country's first multiparty national and state-level executive
    and legislative elections in more than 20 years occurred on April 11-
    15. The elections, which several Northern opposition parties boycotted,
    did not meet international standards. The SPLM candidate for president
    of Sudan, Yasir Arman, withdrew from the race just ahead of the
    polling. Basic freedoms were circumscribed throughout the process.
    Despite significant technical and commodities assistance from the
    international community, logistical preparations were inadequate.
    Intimidation and threats of violence occurred, particularly in the
    South. The conflict in Darfur did not permit a conducive electoral
    environment. The counting and tabulation process was disorganized, not
    transparent, and did not follow procedural safeguards put in place by
    the National Elections Commission. According to the Carter Center,
    problems with counting and tabulation process raised ``questions about
    the accuracy of the election results.''
        President Omar Hassan al-Bashir (NCP) was reelected, as was first
    vice president and GOSS president Salva Kiir Mayardit (SPLM). Ali Osman
    Taha was reappointed to his position of second vice president.
        In the National Assembly, the NCP won 323 seats, the SPLM won 99
    seats, other parties and independents won 24 seats, and four
    constituencies were vacant. NCP gubernatorial candidates won all
    elected governor posts in the North (this did not include Southern
    Kordofan) with the exception of Blue Nile State, where the SPLM
    incumbent won.
        As of year's end, there had been no action taken on the February 21
    agreement between the parties that 40 seats would be allocated for the
    South, four for Southern Kordofan, and two for Abyei.
        SPLM candidates won all but one of the southern governorships, with
    an independent candidate winning in Western Equatoria State. The SPLM
    won 159 of 170 seats in the Southern Sudan Legislative Assembly, with
    the SPLM-DC winning three, the NCP one, and independents seven.
        Elections were postponed in a number of national and state
    constituencies for reasons such as inaccurate ballots and candidate
    deaths. In at least 30 constituencies the elections were held in June.
        Key Sudanese groups observing the elections included TAMAM, KACE,
    the Sudanese Group for Democratic Elections, the Sudan Domestic
    Election Monitoring and Observation Program, and the Sudanese Network
    for Democratic Elections (SUNDE). International monitoring missions
    included the Carter Center, the Intergovernmental Authority on
    Development, and the European Union Election Observation Mission.
        Observers noted numerous problems with the preelection environment.
    The legislative framework did not protect basic freedoms such as
    assembly, speech, and press. GOS and GOSS security forces restricted
    the actions of opposition parties, including through the arrest of
    opposition members and supporters. There was insufficient voter
    information, and logistical preparations for the vote were not
    adequate.
        During voting, observers found incorrect or incomplete voter
    registries and noted that this resulted in disenfranchisement. The
    locations of polling centers were not sufficiently clear. Many centers
    did not open on time and received polling material late. Mistakes on
    ballots were also a problem. Observers noted problems with safeguards
    at polling centers, such as not following procedures pertaining to
    indelible ink, voter identification, and ballot box seals. Observers
    also reported intimidation and harassment, particularly in the South;
    they noted specifically SPLA intimidation of voters and presence at
    some polling stations. SUNDE reported that 21 of its observers were
    detained, including in Central Equatoria, Unity, and Western Equatoria.
    It also reported that one of its observers was kidnapped and beaten in
    Western Bahr el Ghazal. A video posted to the Internet shortly after
    the elections showed what appeared to be a uniformed elections official
    in the North stuffing a sealed ballot container with paper. In Darfur
    participation of IDPs in the election was low.
        Problems with the counting occurred, and the tabulation process was
    seriously flawed. During the counting process officials did not follow
    administrative procedures or properly reconcile ballots counted with
    the ballots received. Logistical problems delayed the transport of
    materials such as ballot boxes and results forms. Officials did not
    follow the electronic tabulation system process as designed, which
    resulted in an inability to verify the accuracy of results. Observers
    had difficulty accessing tabulation centers and were denied access to
    some centers. Observers noted ``parallel tabulation operations'' in
    Khartoum and South Darfur. In these cases observers were able to access
    official centers, but there were also other places where access was
    limited while tabulation was underway. Incidents of security-force
    intimidation and interference and other serious irregularities occurred
    during counting and tabulation in the South.
        Postelection violence in the South resulted in deaths (see section
    1.g., South Sudan).
        The NCP dominated the Government in the North, and NCP members of
    the Ja'alin tribe held the highest offices in government. Authorities
    impeded and monitored political party meetings and activities,
    restricted political party demonstrations and used excessive force to
    break them up, and arrested opposition party members.
        For example, on January 19, in Red Sea State, police using
    excessive force broke up a peaceful demonstration in support of
    independent gubernatorial candidate Hamad Mohammad Ali, injuring
    participants. Security forces stated that the demonstrators did not
    have a permit and arrested 27 persons. According to the candidate, his
    supporters were denied a permit, while those of the incumbent governor
    were allowed to hold a rally.
        In the South the SPLM dominated the GOSS, and authorities there
    obstructed the activities of the SPLM-DC.
        Women have the right to vote. As required by the 2008 National
    Elections Law, 25 percent of the seats in the national, Southern Sudan,
    and state assemblies were filled from state-level women's lists. Women
    won 114of the 450 seats in the National Assembly. Women held five of 46
    seats in the Council of States. One woman served as a federal minister,
    and five women served as state ministers. Voters elected 53 women to
    the Southern Sudan Legislative Assembly, more than required by law. The
    number of female ministers in the 32-member GOSS cabinet increased from
    three to six following postelection appointments.
    Section 4. Official Corruption and Government Transparency
        The law does not specifically address official corruption. However,
    officials are subject to the Financial Service Audit law that calls for
    a special anticorruption attorney to investigate and try corruption
    cases. Additionally, criminal law provides punishments for embezzlement
    that can include execution for public service workers. All bankers are
    considered public service workers. Officials frequently engaged in
    corrupt practices.
        There were no laws providing for public access to government
    information, and the Government did not provide such access.
        In Southern Sudan, the law provides for criminal penalties for
    official corruption; however, GOSS officials often engaged in corrupt
    practices with impunity. Corruption was a problem in all branches of
    the GOSS.
        GOSS president Salva Kiir publicly condemned corruption in
    government, and in December 2009 the GOSS formed an anticorruption
    commission. The commission identified some cases of corruption,
    although information on follow-up on these cases was not available.
        The interim constitution of Southern Sudan provides citizens with
    the right to access government information, except in cases where such
    access endangers public security or violates the right to privacy of
    other persons. GOSS officials of the director general rank and higher
    are required to submit financial declaration forms, although there is
    no penalty for failure to comply. The GOSS granted access to government
    information for citizens and noncitizens, including foreign media.
    Section 5. Governmental Attitude Regarding International and
            Nongovernmental Investigation of Alleged Violations of Human
            Rights
        The Government was uncooperative with and unresponsive to domestic
    human rights groups. Both domestic and international human rights
    organizations were restricted and harassed.
        The Government harassed, arrested, beat, and prosecuted human
    rights activists for their activities.
        On February 22, the NISS reportedly closed the office of the
    Strategic Initiative for Women in the Horn of Africa in Nyala following
    a training session it held in conjunction with KACE.
        Between October 30 and November 1, security forces arrested several
    Darfuri activists, including HAND members and an individual who worked
    for Radio Dabanga. Persons arrested during this period reportedly
    included Abdelrahman Mohammed Al Gasim, Dirar Adam Dirar, Abdelrahman
    Adam Abdelrahman, Manal Mohammed Adam, Aziza Ali Idriss, Aisha Sardo
    Sherif, Abu Gasim Al Din, and Zakaria Yacoub. They were held
    incommunicado without access to counsel and their families for some
    time.
        On December 22, a court sentenced Mudawi Ibrahim Adam, former
    director of the Sudan Social Development Organization (SUDO), to one
    year in prison and a fine of 3,000 Sudanese pounds ($1,186) for
    embezzlement. He was previously acquitted of these charges in March
    2009, a finding which the Humanitarian Affairs Commission appealed, but
    for which it reportedly did not provide any new evidence. At year's
    end, Mudawi remained incarcerated.
        In the case of the 2009 closure of SUDO, on April 22, SUDO won a
    court case to allow it to reopen, but HAC won on appeal and SUDO
    remained closed at year's end. The Khartoum Center for Human Rights and
    Environmental Development and the Amal Center for Treatment and
    Rehabilitation, also closed in 2009, remained shut.
        Abdel Majeed Saleh Abakr Haroun, a Darfuri human rights activist
    and leading member of the Darfur Democratic Forum, who was arrested by
    the NISS in August 2009, remained in NISS custody without charge until
    mid-January, when he was released. He subsequently left the country.
        The Government restricted, harassed, and arrested NGO-affiliated
    international human rights and humanitarian workers, including in
    Darfur (see section 1.g.).
        The Government refused and delayed the issuance of visas to
    international NGO members and restricted their access to parts of the
    country.
        NGOs must register with the HAC, the Government's entity for
    regulating humanitarian efforts. The HAC obstructed the work of NGOs,
    including in Darfur and the Three Areas (see section 1.g.). During the
    year the HAC often changed its rules and regulations without prior
    notification.
        The Government continued to use bureaucratic impediments to
    restrict the actions of humanitarian organizations, contrary to
    provisions in the 2007 Joint Communique between the Government and the
    UN. This included delaying the issuance of visas and travel permits to
    humanitarian workers.
        The Government's Advisory Council for Human Rights did not respond
    to requests by international organizations for investigations into
    human rights violations, and it did not provide lists of detained
    individuals to the international community.
        The National Commission for Human Rights Act, purportedly created
    by law in April 2009, had not been set up by year's end.
        The Government did not cooperate with the ICC (see section 1.g.).
        In the South, a variety of domestic and international human rights-
    related NGOs generally operated without government restriction,
    investigating and publishing their findings on human rights cases.
    Government officials were somewhat cooperative and responsive to their
    views.
        The South Sudan Council for Human Rights operated somewhat
    independently. Its members were appointed by the president of the GOSS.
    The council cooperated with international human rights advocates and
    submitted regular reports and recommendations to the GOSS.
    Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
        The interim national constitution prohibits discrimination based on
    race and gender, but the Government did not effectively enforce these
    provisions. The law does not address discrimination based on
    disability, language, or social status.
        The interim constitution of Southern Sudan prohibits discrimination
    on race, gender, language, and social status. It does not address
    discrimination based on disability.

        Women.--The punishment for rape under the law varies from 100
    lashes to 10 years' imprisonment to death; however, the Government did
    not effectively enforce these provisions. Spousal rape is not addressed
    in the law. In most rape cases convictions were not publicized;
    however, observers believed that sentences often were less than the
    legal maximum. There was no information available on the total number
    of persons who were prosecuted, convicted, or punished for rape.
        In the South, the law provides for up to 14 years' imprisonment for
    rape and the possibility of a fine, although this provision does not
    apply to ``sexual intercourse by a married couple.''
        Rape of women and girls throughout the country, including in
    Darfur, continued to be a serious problem (see section 1.g.).
    Authorities often obstructed access to justice for rape victims.
        Many victims in the North did not report their cases either to
    family or authorities for fear they would be punished or arrested for
    ``illegal pregnancy'' or for adultery (see section 1.d.).
        The law does not specifically prohibit domestic violence. Violence,
    including spousal abuse, against women was common, although there were
    no reliable statistics on its prevalence. Women who filed claims were
    subjected to accusations of lying or spreading false information,
    harassment, or detention, which made many women reluctant to file
    formal complaints, although such abuse constituted grounds for divorce.
    The police normally did not intervene in domestic disputes. Statistics
    on the number of abusers prosecuted, convicted, or punished were not
    available.
        In the North, no law specifically prohibits sexual harassment,
    although the law prohibits gross indecency, which is defined as any act
    contrary to another person's modesty. The penalty for gross indecency
    is imprisonment of up to one year and 40 lashes. Harassment reportedly
    occurred, although reliable statistics were not available. There were
    frequent reports of sexual harassment by police in Darfur and
    elsewhere.
        In the South sexual harassment is punishable by up to three years'
    imprisonment and a fine. Observers noted that sexual harassment was a
    serious problem in the South, including in GOSS ministries in Juba.
    There were also allegations that senior male commanders and trainers at
    the John Garang Unified Police Academy in Rajaf harassed, raped, and
    forced female police trainees to have sex with them in exchange for
    money.
        Couples were able to decide freely on reproductive issues, but
    societal and religious norms pressured married females to have several
    children. Contraception, skilled medical attendance during childbirth,
    and obstetric and postpartum care were not widely accessible. The UN
    Population Fund estimated the maternal mortality ratio at 750 deaths
    per 100,000 live births. Women had equal access to diagnosis and
    treatment for sexually transmitted diseases, including HIV.
        The law discriminated against women in the North, including many
    traditional legal practices and certain provisions of Sharia as
    interpreted and applied by the Government. In accordance with Islamic
    law, a Muslim widow inherits one-eighth of her husband's estate; of the
    remaining seven-eighths, two-thirds goes to the sons and one-third to
    the daughters. Depending on the wording of the marriage contract, it
    was often much easier for men than for women to initiate legal divorce
    proceedings. In certain northern probate trials, under the Sharia
    system, the testimony of women was not considered equivalent to that of
    men; the testimony of two women was considered equivalent to that of
    one man. In other civil trials, the testimony of a woman is considered
    equivalent to that of a man.
        A Muslim woman cannot legally marry a non-Muslim unless he converts
    to Islam. This prohibition usually was neither observed nor enforced in
    areas of the South or among Nubans (most of whom were Muslim).
        There were occasional reports that security officials acting
    without official authorization required a male signature on an exit
    visa.
        To obtain an exit visa, children must receive the permission of
    both mother and father. In the father's absence, a paternal uncle can
    sign in his place. Women can apply for exit visas for their children,
    provided that both parents have signed the application.
        Various governmental bodies have decreed that women must dress
    modestly according to Islamic or cultural standards, including wearing
    a head covering in the North. There were instances in the North in
    which police arrested women for their dress and authorities subjected
    them to flogging. However, women in the North often appeared in public
    wearing trousers or with their heads uncovered. In Khartoum persons
    known as religious police, who were not government officials,
    occasionally demanded that women pay on-the-spot fines for violating
    Islamic standards.
        In the South in December, local press reported that newly trained
    police in Juba were harassing women for wearing jeans and short skirts.
    The GOSS and the Southern Sudan Human Rights Commission intervened, and
    the harassment stopped. Women in the South were routinely held for
    lengthy pretrial detention on allegations of adultery.
        In the North, the Ministry of Social Welfare, Women, and Child
    Affairs was responsible for matters pertaining to women. In the South,
    the Ministry of Gender, Child, and Social Welfare had similar
    responsibilities.
        Women experienced economic discrimination in access to employment,
    credit, pay for substantially similar work, and owning or managing
    businesses. Women were accepted in professional roles; more than half
    the professors at Khartoum University were women.
        In the South, women served in professional roles, including in
    government, both in the executive branch and in the Southern Sudan
    Legislative Assembly. There were several female government ministers.

        Children.--The interim national constitution states that persons
    born to a Sudanese mother or father have the right to citizenship.
        The Government did not register all births immediately.
        The law provides for free basic education up to grade eight;
    however, students often had to pay school, uniform, and exam fees. In
    Darfur few children outside of cities had access to primary education.
    Lack of schools was a serious problem in the South. Girls in the South
    did not have equal access to education.
        Child abuse and abduction were widespread. Criminal kidnapping of
    children for ransom was reported on several occasions during the year.
        Female genital mutilation (FGM) remained widespread, particularly
    in the North, but estimates on its prevalence varied widely. A 2006
    Sudan Household Health Survey, the most recent available, reported FGM
    incidence at 69 percent. In the North, Ministry of Health bylaws
    prohibit the practice of FGM by physicians and medical practitioners;
    however, midwives continued to conduct FGM. In the South, performing or
    causing FGM to be performed is punishable by up to 10 years'
    imprisonment, a fine, or both. While a growing number of urban,
    educated families no longer practiced FGM, there were reports that the
    prevalence of FGM in Darfur had increased as persons moved to cities.
    FGM was also increasing in IDP camps in Darfur. The Government actively
    campaigned against it in partnership with UNICEF, civil society groups,
    and the High Council for Children's Welfare. Several NGOs also worked
    to eradicate FGM.
        The law establishes the legal age of marriage as 10 for girls and
    15 or puberty for boys. There were no reliable statistics on the extent
    of child marriage, but it remained a problem.
        Child prostitution and trafficking of children also remained
    problems, particularly in the South. Penalties for offenses related to
    the child prostitution and trafficking varied and could include
    imprisonment and/or fines.
        In the North, there is no minimum age for consensual sex or a
    statutory rape law. In the South, persons must be 18 years of age to
    consent to sexual intercourse, although rape does not apply to
    intercourse between married persons. Penalties for rape in the South
    are up to 14 years' imprisonment and may also include a fine.
    Pornography, including child pornography, is illegal in the North and
    the South.
        Children were used as soldiers in armed groups (see section 1.g.).
        Internally displaced children often lacked access to government
    services such as education.
        The Government operated reformatory camps for vagrant children.
    Police typically sent homeless children who had committed crimes to
    these camps, where they were detained for indefinite periods. Health
    care and schooling at the camps generally were very basic, and living
    conditions often were primitive. All of the children in the camps,
    including non-Muslims, must study the Qur'an, and there was pressure on
    non-Muslims to convert to Islam. War Child and other international and
    domestic humanitarian NGOs were permitted to monitor the camps and
    sometimes assisted the Government with certain aspects of camp
    operations.
        The country is not a party to the 1980 Hague Convention on the
    Civil Aspects of International Child Abduction. For information on
    international parental child abduction, please see the Department of
    State's annual report on compliance at http://travel.state.gov/
    abduction/resources/congressreport/congressreport--4308.html.

        Anti-Semitism.--The Jewish community remained small, and there were
    no reports of anti-Semitic violence during the year; however,
    government officials made anti-Semitic comments, and government-
    controlled newspapers featured anti-Semitic caricatures.

        Trafficking in Persons.--For information on trafficking in persons,
    please see the Department of State's annual Trafficking in Persons
    Report at www.state.gov/g/tip.

        Persons With Disabilities.--While the law does not specifically
    prohibit discrimination against persons with disabilities, it
    stipulates that ``the state shall guarantee to persons with special
    needs the enjoyment of all the rights and freedoms set out in the
    constitution, access to suitable education, employment, and full
    participation in society.'' The Government has not enacted laws or
    implemented effective programs to ensure access to buildings for
    persons with disabilities. Credible sources noted that prisoners with
    mental disabilities were chained 24 hours a day, and mentally disabled
    prisoners were not exempted from trial. In the South there were no
    mental health hospitals or institutions, and persons with mental
    illnesses were held in prisons.

        National/Racial/Ethnic Minorities.--The population is a multiethnic
    mix of more than 500 Arab and African tribes with numerous languages
    and dialects. Northern Muslims traditionally dominated the Government.
    Interethnic fighting in Darfur was between Muslims who considered
    themselves either Arab or non-Arab and also between different Arab
    tribes (see section 1.g.). Interethnic fighting in the South was a
    serious problem (see section 1.g.).
        The Muslim majority and the Government continued to discriminate
    against ethnic minorities in almost every aspect of society in the
    North. Citizens in Arabic-speaking areas who did not speak Arabic
    experienced discrimination in education, employment, and other areas.
    There also were reports of discrimination against Arabs and Muslims by
    individuals in the Christian-dominated South.

        Societal Abuses, Discrimination, and Acts of Violence Based on
    Sexual Orientation and Gender Identity.--The law prohibits sodomy,
    which is punishable by death. There were no reports of antisodomy laws
    being applied. There were no known lesbian, gay, bisexual, or
    transgender organizations.
        Official and societal discrimination against homosexual persons
    occurred.
        On August 4, authorities publicly flogged 19 men who were arrested
    on July 29 at a party in Omdurman for breaking moral codes by wearing
    women's clothes and makeup, reportedly during a wedding between two
    men. The men had no lawyers, and the trial judge stated that police who
    raided the party found the men dancing ``in a womanly fashion.'' Some
    legal-aid lawyers said that they were scared to defend the group. On
    August 2, residents of the Muhandaseen neighborhood in Omdurman held an
    antihomosexual demonstration.
        On June 25, authorities raided a mixed-gender fashion show and
    arrested a number of male models. Officially the arrests were based on
    a public order law preventing amplified noise after 11 p.m., although
    it was widely assumed that the show was targeted because of the
    perceived sexual orientation of its male participants.
        In the South, GOSS president Salva Kiir remarked on an
    internationally broadcast radio interview that homosexuality would not
    be accepted in the South.
        Societal discrimination against homosexual persons was widespread
    both in the North and the South. In the North, vigilantes targeted
    suspected homosexual persons for violent abuse, and there were public
    demonstrations against homosexuality. Key members of parliament
    proposed legislation that would allow ``severe punishment'' for
    homosexuality.

        Other Societal Abuses and Discrimination.--There was occasional
    discrimination against persons with HIV/AIDS. In July a private primary
    school in Omdurman reportedly expelled a student with HIV.

        Incitement to Acts of Discrimination.--The Government and
    government-supported militias reportedly promoted hatred and
    discrimination, using standard propaganda techniques to incite tribal
    violence.
    Section 7. Worker Rights

        a. The Right of Association.--Although the law provides for the
    right of association for economic and trade union purposes, the
    Government denied this right in practice. The Trade Union Act
    established a trade union monopoly under the Government. Only the
    Government-controlled Sudan Workers Trade Union Federation, which
    consists of 25 state unions and 22 industry unions, can function
    legally; all other unions were banned.
        Strikes were considered illegal unless the Government granted
    approval, which has never occurred. In most cases employees who tried
    to strike were subject to employment termination; however, workers went
    on strike during the year and were not terminated.
        In June security forces arrested and beat doctors in relation to a
    strike. On June 1, they arrested, reportedly beat, and then released
    doctors al-Hadi Bakhit and Walla Aldin. Al-Hadi Bakhit was rearrested
    soon after. That same day, security forces also arrested Ahmed Al-
    Abwabi. On June 2, police beat protesters outside of Khartoum
    University, injuring 12. Police also prevented doctors from attending
    meetings of the strike committee. On June 2-8, authorities detained
    doctors Ashraf Hammad, Mahmoud Khairallah, Abdelaziz Ali Jamee, and
    Ahmed Abdallah Khalafallah. On June 24, doctors resumed work, and
    authorities released the six detained doctors without charge.
        In March Red Sea State wali (governor) Mohammed Tahir Ella ordered
    the arrest of 250 striking dockworkers in Port Sudan. The strike was
    related to a dispute with the Government of Red Sea State over the use
    of union funds.
        In the South in late May, during the GOSS presidential and Southern
    Sudan Legislative Assembly inauguration, NISS personnel arrested nine
    Southern Sudan Radio and Television staff and detained them for 16
    days. Workers had been on strike in response to a payment issue and
    refused to surrender Southern Sudan Television (SSTV) camera equipment
    in their possession, without which SSTV reportedly would not have been
    able to broadcast the inauguration.

        b. The Right to Organize and Bargain Collectively.--The law denies
    trade unions autonomy to exercise the right to organize or to bargain
    collectively. The law defines the objectives, terms of office, scope of
    activities, and organizational structures and alliances for labor
    unions. The Government's auditor general supervised union funds because
    they were considered public money.
        There were credible reports that the Government routinely
    intervened to manipulate professional, trade union, and student union
    elections.
        Specialized labor courts adjudicated standard labor disputes, but
    the Ministry of Labor has the authority to refer a dispute to
    compulsory arbitration.
        The law does not prohibit antiunion discrimination by employers.
        There is one export processing zone, in Port Sudan, and it is
    exempt from regular labor laws.

        c. Prohibition of Forced or Compulsory Labor.--The law prohibits
    forced or compulsory labor, including by children; however, such
    practices continued.
        Abduction, forced labor, and sexual slavery of women and children
    continued.
        Although the Government continued to deny that slavery and forced
    labor existed in the country, the Government's Committee to Eradicate
    the Abduction of Women and Children acknowledged that abductions had
    occurred in the 1980s and 1990s and that not all abductees had since
    been freed.
        The forcible recruitment of persons into armed groups continued
    (see section 1.g.).

        d. Prohibition of Child Labor and Minimum Age for Employment.--
    Although mandated by the interim national constitution to protect
    children from exploitation, the Government did not effectively do so,
    and child labor was a serious problem. The legal minimum age for
    workers was 18 years, but the law was not enforced in practice. Child
    labor in the agricultural sector was common. Children were engaged in
    shining shoes, washing cars, street vending, begging, herding animals,
    construction, and other menial labor.
        The use of child soldiers, child trafficking, and child
    prostitution were problems.
        The Ministry of Social Welfare, Women, and Child Affairs had
    responsibility for enforcing child labor laws; however, enforcement was
    ineffective.
        In the South, child labor laws were rarely enforced.

        e. Acceptable Conditions of Work.--The minimum wage was between 190
    and 250 Sudanese pounds (approximately $80 to $100) per month, which
    did not provide a worker and family a decent standard of living. The
    Ministry of Labor, which maintained field offices in most major cities,
    is responsible for enforcing the minimum wage, which employers
    generally respected. In the South, civil service workers, including
    teachers, often worked for long periods without being paid.
        The law, which was generally respected, limits the workweek to 40
    hours (five eight-hour days), with days of rest on Friday and Saturday.
    Overtime should not exceed 12 hours per week or four hours per day.
    There was no prohibition on excessive compulsory overtime.
        Although the laws prescribe health and safety standards, working
    conditions generally were poor, and enforcement by the Ministry of
    Labor was minimal. The right of workers to remove themselves from
    dangerous work situations without loss of employment is not recognized.
        In the South, the Ministry of Labor and Public Services is
    responsible for monitoring health and safety standards for workers;
    however, it did not do so effectively.

                                   __________

                                   SWAZILAND

        Swaziland is an absolute monarchy, and King Mswati III has ultimate
    authority over the cabinet, legislature, and judiciary. According to
    the 2007 census, the population was 1.02 million. There is a prime
    minister and a partially elected parliament, but political power
    remained largely with the king and his traditional advisors, the most
    influential of whom remained the queen mother. International observers
    concluded that parliamentary elections held in 2008 did not meet
    international standards. The 2008 Suppression of Terrorism Act, used to
    silence dissent and ban certain political organizations, remained in
    effect. Security forces reported to civilian authorities.
        Human rights problems included inability of citizens to change
    their government; extrajudicial killings by security forces; mob
    killings; police use of torture, beatings, and excessive force on
    detainees; police impunity; arbitrary arrests and lengthy pretrial
    detention; arbitrary interference with privacy and home; restrictions
    on freedoms of speech and press and harassment of journalists;
    restrictions on freedoms of assembly, association, and movement;
    prohibitions on political activity and harassment of political
    activists; discrimination and violence against women; child abuse;
    trafficking in persons; societal discrimination against members of the
    lesbian, gay, bisexual, and transgender (LGBT) community;
    discrimination against mixed-race and white citizens; harassment of
    labor leaders; restrictions on worker rights; and child labor.
                            respect for human rights
    Section 1. Respect for the Integrity of the Person, Including Freedom
            From:

        a. Arbitrary or Unlawful Deprivation of Life.--There were reports
    that the Government or its agents committed arbitrary or unlawful
    killings.
        There was an ongoing inquest into the death of Sipho Jele, who died
    on May 4 while in custody at the Sidwashini correctional prison three
    days after police arrested him for wearing a T-shirt from the banned
    political group People's United Democratic Movement.
        On January 5, police shot and killed three suspected robbers at the
    Sidvokodvo Valley Farm as they allegedly fled from police; the robbers
    were reportedly armed with a machete, hammer, and crow bar.
        On March 10, members of the Royal Swaziland Police shot and killed
    an armed South African citizen suspected of robbing a shop in Mlumati;
    he reportedly was fleeing from the scene.
        On April 15, in Manzini, police officers shot and killed suspected
    thief Sipho Kunene as he reportedly ran from them.
        No action was taken in any of the 2009 or 2008 killings by security
    forces. Authorities claimed to have investigated these cases, but
    officers were either cleared of wrongdoing or results were not
    reported. No known action was taken against perpetrators.
        During the year there were reports of killings by community police,
    who are volunteers with arrest authority under the supervision of a
    chief.
        For example, in March community policeman Mandla Mdluli reportedly
    killed Bhutana Simelane, who was apprehended for suspected robbery.
    Mdluli was arrested on March 22 for Simelane's death.
        On April 4, residents and community police of New Village beat to
    death Siphephelo Dlamini, who was suspected of being a neighborhood
    criminal.
        On July 10, in Mlawula rangers shot and killed Lucky Matsenjwa, who
    was suspected of poaching. Matsenjwa reportedly was unarmed.
        Vigilante violence resulted in deaths.
        For example, on June 22, a violent mob lured a man in Nhlangano
    from his house and beat and burned him to death; the man was accused of
    cattle smuggling.
        No action was taken, nor was any expected, against community police
    or civilians who participated in 2009 and 2008 killings.

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

        c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
    Punishment.--The constitution prohibits such practices; however, the
    provision prohibiting law enforcement officials from engaging in
    torture is located in the ``policy'' section of the constitution and is
    not enforceable in any court or tribunal. The law does not specifically
    prohibit such practices. Security officials who engage in such
    practices may be punished, but no punishments were reported during the
    year. Many cases of torture were investigated, but findings were not
    made public. Security officers reportedly used torture during
    interrogation, assaulted citizens, and used excessive force in carrying
    out their duties. Reported practices included beatings and temporary
    suffocation using a rubber tube tied around the face, nose, and mouth,
    or plastic bags around the head.
        For example, on February 9, police beat a woman who was eight
    months pregnant after she attempted to defend another vendor at the
    Mbabane bus rank.
        On February 14, a suspected gun smuggler claimed police tied him to
    a tree, suffocated him with a tube, and shot him twice in the back.
        On April 13, in Malkerns, police intervened at Valley Primary
    School after 10 emalangeni (approximately $1.35) was reported stolen.
    Hoping that the culprit would confess, police required 49 elementary
    students to do up to 200 squats each.
        On June 2, police forcibly apprehended Patricia Dludlu at her
    workplace, claiming that she had stolen a cell phone; at the police
    station, Dludlu was stripped naked and locked in a room. Police later
    released Dludlu and did not bring charges.
        On June 13, in Matsapha, three soldiers severely beat Amado Dos
    Santos after he reportedly attempted to stop them from assaulting a
    woman; he sustained multiple injuries to the head and received 19
    stitches.
        Police forcibly dispersed demonstrators, resulting in injuries (see
    section 2.b.).
        No actions were taken, nor were any expected, against security
    force members responsible for 2009 or 2008 abuse cases.
        There were credible reports of use of excessive force by community
    police during the year.
        On January 10, community police forced a man to eat raw goat meat
    as punishment for allegedly killing a neighbor's goat.
        On January 16, community police kidnapped and beat a man for
    allegedly stealing his employer's laptop computer; the community police
    were arrested following the incident.
        For example, on February 16, Sanele Shongwe was accused of damaging
    the windows of a neighbor's house and was beaten by community police
    until he lost consciousness.
        On March 6, community police in a semirural area punished two girls
    for disrespecting one of their mothers, making the girls hold beer
    bottles full of water for hours.
        Mob violence continued, and persons accused of rape were often
    severely beaten by community members.
        For example, on January 20, in Mathendele an armed mob estimated to
    number 70 persons attacked a woman after she had allegedly issued death
    threats to a 15-year-old boy.
        On March 19, in Magele, a man was hospitalized after a mob attacked
    him because his dogs allegedly bit a child and a neighbor's goat.
        On May 30, a man who was suspected of robbing three Msunduza
    residents was paraded naked through the town, tied to a pole, and
    severely beaten; he was later hospitalized for his injuries.
        No action was taken, nor was any expected, against the perpetrators
    of 2009 and 2008 mob violence.

        Prison and Detention Center Conditions.--Prisons and detention
    centers remained overcrowded, and conditions generally were poor.
    Prison guards abused prisoners with impunity. The Swaziland Coalition
    of Concerned Civic Organizations (SCCCO) reported that physical
    punishment of prisoners and detainees was an accepted part of the
    culture and not viewed as a human rights problem.
        At Mawelawela, the only female detention facility, detainees were
    not held separately from convicts. Several children lived with their
    mothers in the facility. Female juveniles were also held in the women's
    correctional facility, although they slept in different quarters.
    During a bail application, a High Court judge expressed concern that at
    the Peak Piggs Correctional Services minors awaiting trial were sharing
    the same cells with adults.
        The Government did not permit independent monitoring of prison
    conditions by local human rights groups or the media. The 2009
    Correctional Services annual report indicated that during the 2008-2009
    fiscal year, there was a daily average of 2,700 inmates in 12 prison
    centers, including 550 women and 50 juveniles. In prisons women are
    held separately from men, and juveniles from adults; however, there
    were reports that women and men were detained together in jails after
    arrests, due to space constraints. Juveniles attend Correctional
    Services Schools. A total of 1,173 inmates were referred to government
    hospitals due to illness, and 14 inmates died while in detention due to
    illness.
        Overcrowding in prison cells was a problem, exposing inmates and
    officers to diseases and life-threatening infections such as
    tuberculosis, HIV/AIDS, and hepatitis. There were allegations that
    sexual activity, including rape, takes place in prisons, and reports
    that detainees suffered from a shortage of food. The type of clothing
    prisoners wore was not well suited for winter, and there was not enough
    bedding, forcing detainees to sleep on floors. Prison structures were
    old, dilapidated, and in need of major rehabilitation and
    refurbishment.
        On May 4, political prisoner Sipho Jele died in police custody (see
    section 1.a.).
        Prisoners and detainees had reasonable access to visitors. Although
    prisoners were allowed to present their grievances or complaints, the
    grievances were censored and sometimes did not reach appropriate
    authorities. Christian inmates were permitted religious observance.
    Chaplains and independent pastors from various denominations were
    allowed to minister, but other religious groups, although not
    explicitly prohibited, experienced challenges in accessing inmates.
    Authorities investigated allegations of inhuman conditions and
    documented results of such investigations, but the reports were never
    made public. The Government, through the minister of justice and
    constitutional affairs and a parliamentary portfolio committee, visited
    prison and detention centers during the year. Convicts had free
    movement in terms of performing outdoor chores and the opportunity to
    play different sports, but detainees were confined to the prison
    centers.
        There were no public reports by independent monitoring groups
    during the year. The International Committee of the Red Cross requested
    to visit and monitor prisons and jails, but did not receive permission.
    International officials and nongovernmental organizations (NGOs)
    working on programs to fight HIV were permitted frequent entry to
    prisons and detention centers.

        d. Arbitrary Arrest or Detention.--The constitution and law
    prohibit arbitrary arrest and detention; however, police arbitrarily
    arrested and detained numerous persons.
        For example, on February 10, a protest planned by University of
    Swaziland students was disrupted by police when they detained five
    leaders of the Swaziland National Union of Students (SNUS). After
    several hours, police released students in a remote area. Sicelo
    Vilane, a journalism student at Oxford College, was arrested for taking
    pictures of police detaining the SNUS leaders. After police discovered
    a membership card for the Swaziland Youth Congress (SWAYOCO), a banned
    political entity, Vilane was charged with terrorism. The charges were
    later dropped.
        On April 12, police detained Motern Koefen, a consultant from
    Denmark working with the Foundation for Socioeconomic Justice, as he
    was on his way to a meeting with the Swaziland Chapter of the Global
    Democracy Campaign. Police subsequently released Koefen, who was not
    charged.
        On May 1, police detained and arrested a number of political
    activists for participating in a May Day celebration, claiming they
    were not allowed to participate in the event hosted by the Swaziland
    Federation of Trade Unions (SFTU) and the Swaziland National
    Association of Teachers because they were not workers.

        Role of the Police and Security Apparatus.--The king is the
    commander in chief, holds the position of minister of defense, and is
    the commander of the police and the correctional services. He presides
    over a civilian principal secretary of defense and a commanding
    general. Approximately 40 percent of the Government's workforce is
    allocated to security.
        The Royal Swaziland Police Service (RSPS), under the authority of
    the prime minister, is responsible for maintaining internal security.
    The Umbutfo Swaziland Defense Force (USDF), which reports to the
    defense minister, is responsible for external security but also has
    domestic security responsibilities, including protecting members of the
    royal family. The principal secretary of defense and the army commander
    are responsible for day-to-day USDF operations. The RSPS and the USDF
    were generally professional, despite inadequate resources and
    bureaucratic inefficiency; however, members of both forces were
    susceptible to political pressure and corruption. The Government
    generally failed to prosecute or otherwise discipline security officers
    accused of abuses. No independent body had the authority to investigate
    police abuses. An internal RSPS complaints and discipline unit
    investigated reports of police abuse but did not release results of its
    findings to the public. Some officers attended training programs that
    included a human rights component outside the country. Traditional
    chiefs supervise volunteer rural ``community police,'' who have the
    authority to arrest suspects and bring them before an inner council
    within the chiefdom for trial for minor offenses. For serious offenses,
    community police are required to apprehend suspects and transfer them
    to the RSPS for further investigation; however, this did not always
    occur and, in cases when it did, it often happened after suspects were
    subjected to severe beatings.

        Arrest Procedures and Treatment While in Detention.--The law
    requires warrants for arrests, except when police observe a crime being
    committed, believe that a person is about to commit a crime, or
    conclude that evidence will be lost if arrest is delayed. Detainees may
    consult with a lawyer of their choice, but the Government pays for
    defense counsel only in cases in which the potential penalty is death
    or life imprisonment. Detainees must be charged with the violation of a
    statute within a reasonable time, usually within 48 hours of arrest or,
    in remote areas, as soon as the judicial officer appears; however,
    arresting authorities did not always charge detainees within that
    period. In general detainees were promptly informed of the charges
    against them; their families had access to them and were allowed to
    consult with lawyers of their choice. There is a functioning bail
    system, and suspects can request bail at their first appearance in
    court, except in the most serious cases such as murder and rape.
        Police arbitrarily detained opposition members and demonstrators.
        Lengthy pretrial detention was common. In 2007 the International
    Center for Prison Studies found that 31 percent of the prison
    population consisted of pretrial detainees. Judicial inefficiency and
    staff shortages contributed to the problem, as did the police practice
    of prolonging detention to collect evidence and prevent detainees from
    influencing witnesses. In some cases, persons were exonerated after
    years of repeated remands requested by police.

        e. Denial of Fair Public Trial.--The constitution and law provide
    for an independent judiciary; however, the king, on recommendation of
    the Judicial Services Commission, appoints the judiciary, limiting
    judicial independence. Judicial powers are based on two systems: Roman-
    Dutch law and a system of traditional courts that follows traditional
    law and custom. Neither the Supreme Court nor the High Court, which
    interprets the constitution, has jurisdiction in matters concerning the
    office of the king or queen mother, the regency, chieftaincies, the
    Swazi National Council, or the traditional regiments system. All of
    these institutions are governed by traditional law and custom (see
    section 2.a.).
        Most citizens who encountered the legal system did so through the
    13 traditional courts. Each has a president appointed by the king.
    Authorities may bring citizens to these courts for minor offenses and
    violations of traditional law and custom.
        The Director of Public Prosecutions has the legal authority to
    determine which court should hear a case, and public prosecutors have
    delegated responsibility; however, police usually made the
    determination. Persons convicted in the traditional courts may appeal
    to the High Court. Prolonged delays during trials in the magistrate
    courts and High Court were common.
        Military courts are not allowed to try civilians and do not provide
    the same rights as civil criminal courts. For example, military courts
    may use confessions obtained under duress as evidence and may convict
    defendants on the basis of hearsay.

        Trial Procedures.--The constitution provides for the right to a
    fair public trial, except when exclusion of the public is necessary in
    the ``interests of defense, public safety, public order, justice,
    public morality, the welfare of persons under the age of 18 years, or
    the protection of the private lives of the persons concerned in the
    proceedings.'' The judiciary generally enforced this right in practice.
    Defendants enjoy a presumption of innocence, but juries are not used.
    Court-appointed counsel is provided at government expense in capital
    cases or if the crime is punishable by life imprisonment. Otherwise,
    defendants in superior and magistrate courts may hire counsel at their
    own expense. Defendants can question witnesses against them and present
    witnesses and evidence on their own behalf. Defendants and their
    attorneys have access to relevant government-held evidence, generally
    obtained during pretrial consultations with the Public Prosecutor's
    Office. Defendants and prosecutors have the right of appeal up to the
    Supreme Court.
        The traditional courts serve the chiefs, who are appointed by the
    king, and have limited civil and criminal jurisdiction. They are
    authorized to impose fines of up to 100 emalangeni ($13.50) and prison
    sentences of up to 12 months. Traditional courts are empowered to
    administer customary law only ``insofar as it is not repugnant to
    natural justice or morality'' or inconsistent with the provisions of
    any civil law in force; however, some traditional laws and practices
    violate civil laws and international treaties signed by the country,
    particularly those involving women's and children's rights. Defendants
    in traditional courts are not permitted formal legal counsel but may
    speak on their own behalf, call witnesses, and be assisted by informal
    advisors. Sentences are subject to review by traditional authorities
    and can be appealed to the High Court.

        Political Prisoners and Detainees.--On May 4, political prisoner
    Sipho Jele died while in police custody (see section 1.a.).
        In September 2009 the High Court dismissed for insufficient
    evidence the terrorism and sedition case against political prisoner
    Mario Masuku, leader of the People's United Democratic Movement of
    Swaziland (PUDEMO). Masuku, who had declined bail to pressure the
    Government to bring his case to trial, had been detained since 2008 on
    terrorism and sedition charges. In 2009 the Government denied Amnesty
    International, the Council of Swaziland Churches, the Swaziland
    Federation of Trade Unions, and a group of Danish students access to
    Masuku. The Government allowed Masuku's family and attorneys to visit;
    however, Mandla Mkwanazi, one of Masuku's legal advisors, claimed he
    was forced to consult with his client over a fence and in a general
    visitation room without attorney-client privacy.

        Civil Judicial Procedures and Remedies.--The judiciary, which has
    limited independence, tries civil as well as criminal cases, including
    suits for damages against government agents. Administrative remedies
    are available under civil service rules and regulations.

        f. Arbitrary Interference With Privacy, Family, Home, or
    Correspondence.--The constitution and law prohibit such actions except
    ``in the interest of defense, public safety, public order, public
    morality, public health, town and country planning, use of mineral
    resources, and development of land in the public benefit;'' however,
    the Government did not always respect these prohibitions and broadly
    construed exceptions to the law. The law requires police to obtain a
    warrant from a magistrate before searching homes or other premises;
    however, police officers with the rank of subinspector or higher have
    the authority to conduct a search without a warrant if they believe
    that delay might cause evidence to be lost.
        During the year the army conducted random checks for illegal
    immigrants, weapons, stolen vehicles, and evidence of other criminal
    activities through roadblocks and searches in homes. Police also
    entered homes and businesses without judicial authorization.
        Police conducted physical surveillance of members of labor unions,
    political groups, religious groups, and others. For example, on
    September 7, police entered the offices of the Foundation for
    Socioeconomic Justice and reportedly insulted and intimidated the
    staff, including Danish nationals who were visiting the foundation, and
    transported them to the police station. The Swazi nationals were kept
    in the van for the entire day, and the visiting nationals were escorted
    to the airport since they were leaving the country that day.
        In 2008 the Government issued an official declaration designating
    PUDEMO, the Swaziland Solidarity Network (SSN), SWAYOCO, and the
    Swaziland People's Liberation Army (UMBANE) as ``specified entities''
    under the 2008 Suppression of Terrorism Act. Persons who abetted,
    aided, sympathized with, sheltered, or provided logistical support to
    these organizations were subject to arrest and prison terms of 25 years
    to life.
        On April 7, Royal Swaziland Police who claimed to be searching for
    stolen cattle and groceries raided the homestead of a traditional
    healer in Nhlangano without the permission of the chief.
        On June 4, police entered the home of Bheki Mbilini Dlamini, the
    regional chairperson of the Swaziland Nurses Association, and
    confiscated medicine, documents, and handcuffs; at the time of the
    raid, the police did not provide a search warrant.
        On June 23, police raided the home of Barnes Dlamini, SFTU
    president. The search warrant in police possession specified the
    removal of any bomb-making materials, but during the raid, the police
    confiscated political literature.
        During the week of June 19, police raided the homesteads of six
    PUDEMO members and two SWAYOCO members. The searches were allegedly
    conducted due to suspicion of the members' involvement in a series of
    bombings that had taken place in several homes and buildings around the
    country. Police confiscated a variety of PUDEMO documents including
    placards and a copy of the group's constitution.
        The Times of Swaziland Sunday newspaper reported on June 27 that
    Norman Xaba, a member of PUDEMO, allegedly received a threat from
    police stating he would die within 20 days for his affiliation with
    that organization.
    Section 2. Respect for Civil Liberties, Including:

        a. Freedom of Speech and Press.--The constitution provides for
    freedom of speech and of the press, but the king may waive these rights
    at his discretion, and the Government restricted these rights during
    the year. Although no law bans criticism of the monarchy, the prime
    minister and other officials warned journalists that publishing such
    criticism could be construed as an act of sedition or treason, and
    media organizations were threatened with closure for criticizing the
    monarchy. The law empowers the Government to ban publications if they
    are deemed ``prejudicial or potentially prejudicial to the interests of
    defense, public safety, public order, public morality, or public
    health.'' Most journalists practiced self-censorship.
        The king may suspend the constitutional right to free expression at
    his discretion, and the Government severely restricted freedom of
    expression, especially regarding political issues or the royal family.
    For example, Justice Minister Ndumiso resigned in August amidst
    allegations of a romantic relationship between the minister and King
    Mswati III's 12th wife, Queen Nothando Dube. Despite intense local and
    regional interest, no Swazi media outlet reported on why the minister
    resigned. Individuals and their family members who criticized the
    monarchy risked exclusion from the traditional regiments' (chiefdom-
    based groupings of Swazi males dedicated to serving the king) patronage
    system that distributed scholarships, land, and other benefits.
    Traditional chiefs were obliged to punish offenders when matters were
    brought to their attention. During the year the prime minister warned
    journalists against making statements that could be interpreted as
    seditious.
        Daily newspapers criticized government corruption and inefficiency,
    but generally avoided criticizing the royal family.
        In December 2009 the attorney general told newspaper editors that
    promoting or giving support to terrorists remained a serious crime. In
    2008 the attorney general warned that journalists who criticized the
    Government could be viewed as supporting terrorists and arrested under
    the Suppression of Terrorism Act (see section 2.b.).
        Journalists continued to be threatened, harassed, and assaulted
    during the year.
        For example, on February 12, during the official opening of
    parliament, photographers from the Times of Swaziland were harassed for
    taking pictures of the traditional marula brew that was kept in some
    offices in parliament. One of the journalists, Walter Dlamini, was
    detained by police and forced to delete the photographs before being
    able to attend the rest of the celebration.
        On March 22, Swazi Observer newspaper editor Sifiso Dhlamini
    resigned after a Mbabane City Council board member advised him not to
    publish an article about former Mbabane City Council CEO Gideon
    Mhlongo; he later withdrew his resignation.
        On September 6, a Times of Swaziland journalist was harassed and
    detained by police while covering a meeting organized by the Swaziland
    Democracy Campaign. Police confiscated his camera and briefly kept it
    at the Manzini police station.
        On September 8, a female journalist from the Swazi Observer was
    harassed by paramilitary police for recording a riot scene during a
    workers' protest march.
        During the year the Swaziland Broadcasting Information Services
    banned trade unions from airing announcements at radio stations unless
    they had permission from the police.
        Defamation laws were used to restrict the press.

        Internet Freedom.--There were no government restrictions on access
    to the Internet or reports that the Government monitored e-mail or
    Internet chat rooms. Individuals and groups could engage in the
    peaceful expression of views via the Internet, including by e-mail.
    Internet cafes existed in cities, but most citizens lived in rural
    areas. An estimated 4.2 percent of inhabitants used the Internet,
    according to International Telecommunication Union statistics for 2008.

        Academic Freedom and Cultural Events.--Restrictions on political
    gatherings and the practice of self-censorship affected academic
    freedom by limiting academic meetings, writings, and discussion on
    political topics. There were no government restrictions on cultural
    events.

        b. Freedom of Peaceful Assembly and Association.--Freedom of
    Assembly.--The constitution provides for freedom of assembly; however,
    the Government severely restricted this right during the year. The law
    requires police consent to hold political meetings, marches, or
    demonstrations in a public place. Authorities continued to withhold
    permission for meetings sponsored by groups such as the Congress of
    South African Trade Unions on grounds that they were not in the
    national interest or would ``compromise peace, security, and stability
    of the country.''
        For example, on January 28, police fired teargas canisters to
    disperse a group of students from the University of Swaziland who were
    marching to deliver a petition to the Ministry of Labor and Social
    Security regarding allowances. Four students were injured during the
    incident.
        On February 20, police stopped the Vulamehlo Youth Brigade, a
    youth-led organization, from meeting at the Lutheran Development
    Services building, claiming the organization was illegal.
        On March 20, police broke up a peaceful rally organized by the
    banned political entity SWAYOCO.
        On April 10, police stopped approximately 50 persons from traveling
    to the kaShoba constituency to discuss the problem of violence by game
    park rangers against alleged poachers.
        On April 16, police denied entrance to a meeting organized by the
    Swaziland Democracy Campaign for PUDEMO President Mario Masuku.
        No action was taken against police who used excessive force on
    demonstrators or against security force members who forcibly dispersed
    demonstrations in 2009.

        Freedom of Association.--The constitution provides for freedom of
    association, but the Government severely restricted this right during
    the year. The constitution does not address the formation or role of
    political parties, and a 2006 High Court appeal to the 1973 ban on
    political parties had not been heard by year's end. However, in a 2008
    affidavit, the former prime minister reiterated that political parties
    were banned, and in 2008 Prime Minister Dlamini issued an official
    declaration designating PUDEMO, SWAYOCO, the SSN, and UMBANE as
    ``specified entities'' under the Suppression of Terrorism Act. The act,
    which was first used following the 2008 detonation of a bomb near one
    of King Mswati's palaces, provides that persons or groups found
    associating with any of the four illegal groups can be sentenced to
    prison terms of 25 years to life. According to the attorney general,
    persons or groups that abet, aid, sympathize with, shelter, or provide
    logistical support to these organizations invite the ``wrath of the
    law.''
        The Government harassed and detained opposition members and
    conducted surveillance on members of labor unions, political groups,
    and groups considered potentially political (see sections 1.f. and 3).

        c. Freedom of Religion.--For a description of religious freedom,
    please see the Department of State's 2010 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. It also states that provisions of law and custom, which
    impose restrictions on the freedom of any person to reside in the
    country, shall not contravene the freedom granted by the constitution.
        By traditional law and custom, chiefs have power to decide who
    lives in the chiefdom, and evictions due to internal conflicts, alleged
    criminal activity, or opposition to the chief occurred.
        Nonethnic Swazis sometimes experienced lengthy processing delays
    when seeking passports and citizenship documents, in part due to the
    country's history when mixed race and white persons were not considered
    legitimate citizens.
        The law prohibits forced exile, and the Government did not use it.

        Protection of Refugees.--Laws provide for the granting of asylum or
    refugee status, and the Government has established a system for
    providing protection to refugees. In practice the Government provided
    protection against the expulsion or return of refugees to countries
    where their lives or freedom would be threatened. The Government
    cooperated with the Office of the UN High Commissioner for Refugees and
    other humanitarian organizations in providing protection and minimal
    assistance to refugees and asylum seekers.
        The Government accepted refugees for permanent resettlement,
    allowed them to compete for jobs, and granted them work permits and
    temporary residence permits without discrimination. The Government also
    provided refugees with free transportation twice a week to buy food in
    local markets and to earn a living. Refugees who lived in the country
    more than five years qualified for citizenship; however, most refugees
    waited longer to apply, sometimes more than 10 years, due to lack of
    information regarding their immigration status.
    Section 3. Respect for Political Rights: The Right of Citizens to
            Change Their Government
        Citizens could not change their government peacefully, and
    political parties remained banned. In August King Mswati III publicly
    reiterated his stance that the issue of political parties was
    previously discussed and concluded at the cattle byre, a setting like a
    traditional parliament or discussion forum where national issues are
    deliberated, and that the matter was closed. The king retains ultimate
    executive and legislative authority; parliament has limited authority.
    Legislation passed by parliament requires the king's consent to become
    law. Under the constitution, the king selects the prime minister, the
    cabinet, two thirds of the senate, 10 of 65 members of the house, many
    senior civil servants, the chief justice and other justices of the
    superior courts, members of commissions established by the
    constitution, and the heads of government offices. On the advice of the
    prime minister, the king appoints the cabinet from among members of
    parliament. The constitution states that the king is required to
    consult with others (usually a traditional council) before exercising a
    major decision; however, he is not required to accept their advice.
        Following the 2008 detonation of a bomb near the king's residence,
    Prime Minister Dlamini issued a declaration designating PUDEMO,
    SWAYOCO, the SSN, and UMBANE as ``specified entities'' under the
    Suppression of Terrorism Act (see section 2.b.). Persons found
    associating with any of the organizations faced prison terms of 25
    years to life.

        Elections and Political Participation.--In September 2008
    parliamentary elections were held, the first since the constitution
    went into effect in 2006; the king appointed a government in October
    2008. International observers concluded that the elections did not meet
    international standards. Banned political parties were not allowed to
    register or sponsor candidates of their choice. Ballots were cast in
    secrecy but could be traced by registration number to voters; some
    ballot boxes were not properly protected. Accusations of bribery were
    reported. There were widespread reports that citizens were advised if
    they did not register to vote, they would no longer receive government
    services.
        In 2009 the High Court ruled that the SCCCO did not have legal
    standing to sue the Electoral and Boundaries Commission (EBC), which
    draws district boundaries, commissions civic education and voter
    registration programs, and publishes postelection reports. In 2008 the
    SCCCO sued the EBC on the grounds that its five members--all of whom
    were chosen by the king--did not meet the constitutional requirements
    for independence, diversity, and relevant qualifications.
        When the constitution took effect, the 1973 decree that banned
    political parties lapsed; the constitution provides for freedom of
    association but does not address how political parties can operate,
    including how they can contest elections. In 2006 the minister of
    justice and constitutional affairs stated that political organizations
    could hold meetings at ``tinkhundla'' (local government) centers if
    they obtained permission from the regional administrator and allowed a
    police officer to attend the meeting. However, political and civic
    organizations reported problems with traditional authorities when they
    requested permission to meet.
        The constitution also states that candidates for public office must
    compete on their individual merit, thereby blocking competition based
    on political party affiliation.
        The Government harassed and arrested opposition members and raided
    the offices of opposition groups.
        In the early hours of June 17, police, armed with a warrant,
    searched the home of civil rights activist Musa Hlophe, coordinator of
    the SCCCO, in search of bombs.
        On September 6, police dispersed a meeting of political and labor
    activists organized by the Swaziland Democracy Campaign, and Swazi
    unions and opposition leaders reported that police searched their
    offices and harassed members who participated in the demonstration.
        In August Sibusiso Mhlanga, a member of the banned political party
    PUDEMO's youth wing, SWAYOCO, was arrested, interrogated, and his house
    searched after he was apprehended making copies of an article from a
    South African newspaper detailing the arrest and resignation of a
    former justice minister. He was later charged with violating copyright
    law. His case was pending at year's end.
        On May 1, Jan Sithole, former SFTU secretary general, and Musa
    Hlophe were detained for approximately 30 minutes at the South African
    control office at the OR Tambo Airport because South African
    authorities claimed the Swazi government had issued a security alert on
    the passports.
        Participation in the traditional sphere of governance and politics
    is predominantly done through chiefdoms. Chiefs are custodians of
    traditional law and custom, report directly to the king, and are
    responsible for the day-to-day running of their chiefdoms and
    maintaining law and order. Local custom mandates that chieftaincy is
    hereditary. However, the constitution, while recognizing that
    chieftaincy is ``usually hereditary and is regulated by Swazi law and
    custom,'' also states that the king ``can appoint any person to be
    chief over any area.'' As a result, many chieftaincies were
    nonhereditary appointments, which provoked land disputes, especially at
    the time of burials.
        The constitution provides that 55 of the 65 seats in the House of
    Assembly be popularly contested and that the king appoint the remaining
    10 members. Five of the 10 must be women, and the other five must
    represent ``interests, including marginalized groups not already
    adequately represented in the house.'' In 2008 the king appointed two
    women to the House of Assembly, instead of the required five, a
    constitutional violation that was not rectified during the year. The
    constitution also provides for an additional woman from each of the
    four regions if women do not constitute a third of the total members,
    nominated by the elected house members from each region, but the house
    had not nominated these members by year's end. In December 2009 EBC
    Chairman Chief Gija Dlamini stated there was no space in parliament to
    seat female regional members and the constitutional requirement could
    not be fulfilled until parliament was physically expanded.
        The king appoints 20 members of the 30-seat Senate, and the House
    of Assembly elects the other 10. The constitution provides that at
    least eight of the king's nominees and five of the House of Assembly's
    nominees to the Senate be women. While house members elected the
    required five female members, the king appointed only seven female
    senators. The king had not rectified this constitutional violation by
    year's end. Women held 20 percent, rather than the mandatory 30
    percent, of parliamentary seats. The king appointed five women as
    cabinet ministers out of 20 ministerial positions.
        Widows in mourning (for periods that can vary from one to three
    years) were prevented from appearing in certain public places or in
    close proximity to the king. As a result, widows were effectively
    excluded from voting or running for office during those periods.
        There were almost no ethnic minorities in the Government. The
    constitution provides that other appointees should represent
    ``interests, including marginalized groups not already adequately
    represented in the House.'' However, most officials were from the royal
    Dlamini family or connected with royalty.
    Section 4. Official Corruption and Transparency
        The law provides criminal penalties for official corruption;
    however, the Government did not implement the law effectively, and
    officials sometimes engaged in corrupt practices with impunity. There
    was a widespread public perception of corruption in the executive and
    legislative branches of government and a general consensus that the
    Government was doing little to combat it. The Coordinating Assembly for
    Nongovernmental Organizations estimated that 45 million emalangeni (six
    million dollars) in potential government revenue is lost each month due
    to corruption. The World Bank's most recent Worldwide Governance
    Indicators reflected that corruption was a serious problem.
        Both RSPF and USDF personnel were susceptible to political pressure
    and corruption. The Anticorruption Commission (ACC), funded by the
    Ministry of Justice, has the power to investigate cases, gather
    evidence, and arrest individuals for failure to respond to ACC
    requests. During the year it recorded 148 complaints of corruption.
    Eighty-nine cases were authorized for investigation, and 27 were
    referred to other law enforcement agencies; five cases are currently in
    court and four are with the Director of Public Prosecutions awaiting
    commencement of prosecution; however, no ACC case had resulted in
    conviction by year's end. ACC commissioner H.M. Mtegha, a retired judge
    from Malawi, attributed the commission's ineffectiveness to lack of
    resources and training, inadequate staff, a shortage of judges, and the
    general backlog of cases in the court system.
        Principals and teachers routinely demanded bribes to admit
    students.
        Credible reports continued that business contracts, government
    appointments, military recruitment, and school admissions were awarded
    on the basis of the owners' relationship with government officials.
    Authorities rarely took action when incidents of nepotism were
    reported.
        For example, on May 25, the general manager and the senior
    mechanical engineer of the Central Transport Administration, Polycarp
    Dlamini and Mpumelelo Mamba, were arrested along with Sandile Dlamini,
    the manager of Protronics Networking Corporation, and Industrial Court
    judge Sifiso Nsibande, on charges of money laundering since 2005. The
    four men were released on a 50,000 emalangeni ($6,760) bail, and the
    cases had not progressed in the courts by year's end.
        On June 2, police arrested Qhawe Mamba, the owner of television
    station Channel Swazi, for his alleged involvement in a pyramid scheme
    in 2008. His case was still pending in court at year's end.
        The constitution prohibits government officials from assuming
    positions in which their personal interest is likely to conflict with
    their official duties. These officials are required to declare their
    assets and liabilities to the Integrity Commission within six months of
    its establishment. In December 2009 the prime minister and members of
    his cabinet declared their assets to the commission, and other high-
    ranking officials declared their assets by March 11. The commission has
    not made these reports public, and it is unclear whether it is required
    to do so.
        There is no law permitting public access to government documents,
    and public documents were difficult to access.
    Section 5. Governmental Attitude Regarding International and
            Nongovernmental Investigation of Alleged Violations of Human
            Rights
        A number of domestic and international human rights groups
    generally operated without government restriction, investigating and
    publishing their findings on human rights cases; however, government
    officials were rarely responsive to their views. Among active groups
    were the Swaziland Action Group Against Abuse, Lawyers for Human Rights
    of Swaziland, Women and Law in Southern Africa, the Council of
    Swaziland Churches, and the Roman Catholic Church. Human rights groups
    spoke out on a number of occasions, criticizing the lack of
    accountability and transparency in the Government.
        The constitution provides for the independence of human rights
    NGOs; however, this provision falls within the ``policy'' section,
    which cannot be enforced in any court or tribunal.
        In June 2009 police arrested on sedition charges Thulani Maseko,
    the coordinator for the local NGO Human Rights Swaziland and one of the
    lawyers for political prisoner Mario Masuku. During 2009 May 1
    celebrations, Maseko reportedly expressed support for the two ``freedom
    fighters'' who died in 2008 when a bomb in their car prematurely
    detonated under the Lozitha Bridge near the royal palace. Authorities
    later released Maseko on bail, and his case remained pending at year's
    end.
        In September 2009 the Government established the Commission on
    Human Rights and Public Administration; the commission is precluded
    from investigating any matter ``relating to the exercise of any royal
    prerogative by the Crown.''
        The Government generally cooperated with international
    organizations and permitted visits by UN representatives. In February
    Michel Sidibe, Executive Director of UNAIDS, visited the country.
    Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
        The constitution prohibits discrimination based on race, sex,
    disability, age, ethnicity, religion, political opinion, or social
    status; however, the Government did not consistently enforce the law.

        Women.--The law criminalizes rape, including spousal rape; however,
    rape was common, and the Government did not always enforce the law
    effectively. According to the 2009 RSPS Annual Report, 624 rape cases
    were reported in 2009. Many men regarded rape as a minor offense,
    despite it being against the law. A sense of shame and helplessness
    often inhibited women from reporting such crimes, particularly when
    incest was involved. The maximum sentence for aggravated rape is 15
    years; however, the acquittal rate for rape was high, and sentences
    were generally lenient.
        Domestic violence against women, particularly wife beating, was
    common and sometimes resulted in death. Domestic violence is illegal;
    however, police efforts to combat the crime were inadequate. According
    to a survey conducted in 2008 by the Government's Central Statistics
    Office, 60 percent of men believed it was acceptable to beat their
    wives, and 18 percent of females between 13 and 44 years old had
    contemplated suicide, primarily as a result of domestic violence. The
    special police units established in 2008 for domestic violence, child
    abuse, and sexual abuse reported an increase in cases received during
    the year, compared with cases reported to the police previously.
        Women have the right to charge their husbands with assault under
    both the Roman-Dutch and traditional legal systems, and urban women
    frequently did so, usually in extreme cases when intervention by
    extended family members failed to end such violence. Penalties for men
    found guilty of assault not involving rape against a woman depended on
    the court's discretion. Rural women often had no relief if family
    intervention did not succeed, because traditional courts were
    unsympathetic to ``unruly'' or ``disobedient'' women and were less
    likely than modern courts to convict men of spousal abuse. The Roman-
    Dutch legal system often gave light sentences in cases of abuse against
    women. The NGO Swaziland Action Group Against Abuse has hotlines and
    shelters to assist victims of abuse.
        Legal provisions against sexual harassment were vague, and
    government enforcement was ineffective; no cases have been brought to
    court. There were frequent reports of sexual harassment, most often of
    female students by teachers. Numerous teachers and some principals were
    fired during the year for inappropriate sexual conduct with students,
    who were threatened with poor grades if they did not provide sexual
    favors to teachers. There were 161 such teacher-pupil cases
    investigated during the year; 10 involved principals of schools.
        The Government upheld the basic right of couples and individuals to
    decide freely and responsibly the number, spacing, and timing of their
    children and to have the information and means to do so free from
    discrimination, coercion, and violence. There was wide access to
    contraception, including at public restrooms, clinics, and workplaces
    throughout the country. Women were equally diagnosed and treated for
    sexually transmitted infections, including HIV. Skilled attendance
    during childbirth, including essential obstetric and postpartum care,
    was limited in rural areas. The 2009 UNFPA State of the World
    Population Report indicated that the country's maternal mortality ratio
    is 390 per 100,000 live births; the proportion of maternal deaths due
    to HIV is 75 percent.
        Women occupy a subordinate role in society. The dualistic nature of
    the legal system complicates the issue of women's rights. Since
    unwritten law and custom govern traditional marriage and matters of
    inheritance and family law, women's rights often are unclear and change
    according to where and by whom they were interpreted. Couples often
    marry in both civil and traditional ceremonies, creating problems in
    determining which set of rules apply to the marriage and to subsequent
    questions of child custody, property, and inheritance in the event of
    divorce or death.
        The constitution provides that women can open bank accounts, obtain
    passports, and take jobs without the permission of a male relative;
    however, these constitutional rights often conflict with customary law,
    which classifies women as minors. Women routinely executed contracts
    and entered into a variety of transactions in their own names; however,
    banks still refused personal loans to women without a male guarantor.
    The constitution provides for equal access to land; however, customary
    law forbids women from registering property in their own names. The law
    requires equal pay for equal work; however, the average wage rates for
    men by skill category usually exceeded those of women. Several existing
    acts reportedly require amendments to bring them into line with the
    constitution, including the Marriage Act, the Administration of Estates
    Act, and the Deeds Registry Act.
        On February 23, the Swazi High Court overturned section 16(3) of
    the Deeds Registry Act, which prohibited women from registering
    property in their own names. On May 28, the Supreme Court upheld the
    High Court's ruling that the law was unconstitutional and stated that
    parliament needed to enact appropriate legislation within 12 months.
    Pending such legislation, the Supreme Court ruled that women should
    continue to register property jointly with their husbands.
        In traditional marriages, a man may take more than one wife. A man
    who marries a woman under civil law may not legally have more than one
    wife, although in practice this restriction was sometimes ignored.
    Traditional marriages consider children to belong to the father and his
    family if the couple divorces. Children born out of wedlock are viewed
    as belonging to the mother, unless the father claims the children.
    Inheritances are passed to and through male children only. Traditional
    authorities still exercise the right to fine women for wearing pants.
        The constitution states that ``a woman shall not be compelled to
    undergo or uphold any custom to which she is in conscience opposed;''
    however, adherents of traditional family practices may treat a woman as
    an outcast if she refuses to undergo the mourning rite, and a widow who
    does not participate may lose her home and inheritance. When the
    husband dies, his widow must remain in strict mourning for one month,
    during which time she cannot leave the house, and the husband's family
    can move into the homestead and take control of its operations. In some
    cases, the mourning period can last for years. During the year the
    media reported that widows and children heading households sometimes
    became homeless as a result of the custom and were forced to seek
    public assistance, a development exacerbated by the country's high rate
    of HIV/AIDS. The 2006-07 Demographic and Health Survey found that 6
    percent of girls and women between 15 and 49 years of age were widows,
    half of whom had been dispossessed of property.
        During the 2008 national elections in Nhlangano, election officials
    refused to allow widows in mourning to register to vote.

        Children.--Under the constitution, children derive citizenship from
    the father, unless the birth occurred outside marriage and the father
    does not claim the child, in which case the baby acquires the mother's
    citizenship. A foreign woman who marries a citizen can become a citizen
    by lodging a declaration with the proper authorities. If a Swazi woman
    marries a foreign man, however, even if he has become a naturalized
    citizen, their children are assumed to carry the father's birth
    citizenship. Birth registration is not automatic, and lack of birth
    registration can result in denial of public services.
        Government efforts to protect children's rights and welfare were
    inadequate, due in part to the growing number of orphans and vulnerable
    children (OVC), which made up an estimated 10 percent of the
    population.
        Despite a constitutional mandate that children be provided free
    primary education by 2009, the Government had not completely complied.
    The Government claimed it could not afford to enact free primary
    education immediately; however, after a 2009 lawsuit brought by the Ex-
    Miners' Association to obtain free primary education on behalf of the
    country's children, the Government began to implement the mandate
    gradually. During the year the Government provided tuition, fees, and
    books for first and second grade students. The Deputy Prime Minister's
    Office received an annual budget allocation to pay school fees for OVCs
    in primary and secondary school; however, some schools continued to
    complain of delayed payment and expelled OVCs for nonpayment of fees.
    Individual schools sometimes needed to raise supplemental money for
    building maintenance, including of teachers' housing. Rural families
    favored boys over girls if they could not send all their children to
    school. Principals and teachers routinely demanded bribes to admit
    students.
        Child abuse, including rape of children and incest, was a serious
    problem, but the crime was rarely reported, the Government seldom
    punished perpetrators of abuse, and penalties seldom matched the crime.
    Many children became HIV positive as a result of rape. A study released
    by the UN Children's Fund in 2008 that focused on girls between the
    ages of 13 and 24 found that one out of three girls and young women in
    the country suffered some form of sexual abuse as a child, and that one
    in four experienced physical violence; approximately three in10 had
    survived emotional abuse. Most sexual assaults of girls occurred at
    home, and fewer than half of sexual assaults were reported. Children
    with disabilities, children out of school, and orphans were at
    particular risk. Punishment for child abuse was minimal, and even
    perpetrators of abuse that resulted in death were generally fined no
    more than 200 emalangeni ($27).
        Corporal punishment by teachers and principals is legal and
    routinely practiced. School regulations state a teacher can administer
    a maximum of four strokes with a stick on the buttocks to a student
    younger than 16 years old, and six strokes to students older than 16
    years old; however, teachers often exceeded these limits with impunity.
        On February 18, a teacher whipped a primary school student for
    talking in class. Police did not arrest the teacher.
        On April 6, in Ezulwini, a high school teacher whipped five pupils
    on their buttocks and hands for failing a Siswati test. The number of
    lashes was determined by how poorly they did on the exam; one of the
    students received 39 lashes.
        On April 17, police arrested the teacher who beat a girl for not
    spreading her legs fully during physical education exercises last year.
    The teacher was arrested and granted bail, but the Teaching Service
    Commission subsequently suspended him from teaching.
        In March 2009 the Swazi Observer reported that a nine-year-old
    pupil of Kuhlamkeni Primary School died as a result of a severe beating
    administered by a teacher. A commission of inquiry was established to
    investigate the case; however, no action had been taken against the
    teacher by year's end.
        The legal age of marriage is 18 years old for both men and women.
    However, with parental consent and approval from the minister of
    justice, girls can marry at the age of 16. The Government recognizes
    two types of marriage: civil marriage and marriage under traditional
    law and custom. Traditional marriages can be with girls as young as 14
    years old. Critics of the royal family said the king's many wives and
    young fiancees, some of whom were 16 years old, set a poor example in a
    country with an HIV/AIDS prevalence of 26 percent among persons between
    15 and 49 years of age.
        In 2009 there were reports of forced marriages involving underage
    girls. For example, on January 2, a 16-year-old pupil from
    Ekuvinjelweni was taken to a homestead, where she was married by force
    under traditional rites.
        Minors were reportedly victims of prostitution and trafficking.
    Children are victims of commercial sexual exploitation at truck stops,
    bars, and brothels.
        There were reports that girls, particularly OVCs, worked as
    prostitutes. There is no law that specifically prohibits child
    prostitution. Penalties for child pornography are six months'
    imprisonment and a fine of 100 emalangeni ($13.50). The law sets the
    age of sexual consent at 16 years old and prohibits the sexual
    exploitation of children less than 16 years of age, which is considered
    statutory rape. The penalty for statutory rape is six years'
    imprisonment and a fine of 1,000 emalangeni ($135).
        During the year the number of street children in Mbabane and
    Manzini continued to grow. A large and increasing number of HIV/AIDS
    orphans were cared for by relatives or neighbors, or they struggled to
    survive in child-headed households. Some lost their property to adult
    relatives. Various governmental, international, and religious
    organizations, and NGOs provided some assistance to HIV/AIDS orphans.
        With more than 10 percent of households headed by children, UNICEF
    supported school feeding programs, operated a number of neighborhood
    care points, and provided nutritional support to children weakened by
    AIDS.
        The country is not a party to the 1980 Hague Convention on the
    Civil Aspects of International Child Abduction. For information on
    international parental child abduction, please see the Department of
    State's annual report on compliance at http://travel.state.gov/
    abduction/country/country--3781.html.

        Anti-Semitism.--The Jewish community constituted less than 1percent
    of the population, and there were no reports of anti-Semitic acts.

        Trafficking in Persons.--For information on trafficking in persons,
    please see the Department of State's annual Trafficking in Persons
    Report at www.state.gov/g/tip.

        Persons With Disabilities.--The constitution provides protection
    for persons with disabilities, but does not differentiate between
    physical and mental disabilities and requires parliament to enact
    relevant implementing legislation. The deputy prime minister is
    responsible for upholding the law. However, parliament had not passed
    laws to prohibit discrimination against persons with disabilities in
    employment or to provide access to health care or other state services
    by year's end. Persons with disabilities have complained of government
    neglect. There are no laws that mandate accessibility for persons with
    disabilities to buildings, transportation, or government services,
    although government buildings under construction included some
    improvements for those with disabilities, including access ramps.
    Public transport was not user friendly to disabled persons, and the
    Government does not provide any means of alternative accessible
    transport.
        The Deputy Prime Minister's Office and its Social Welfare section
    are responsible for protecting the rights of persons with disabilities.
        In 2008 a visually impaired man was appointed as a senator, marking
    the first time a person with disabilities served in parliament. In
    August the Government purchased computer equipment, which included a
    text scanner, Braille printer, control panel unit tower, keyboard, and
    speakers to assist the senator to perform his parliamentary duties.
        There is one school for the deaf and one special education
    alternative school for children with physical or mental disabilities.
    Only 25 percent of adults with disabilities were employed, mostly in
    the private sector, according to a 2006 study conducted by the Ministry
    of Health and Social Welfare. In 2006 the minister for enterprise and
    employment found that of 10,600 visually impaired persons in the
    country, only three were employed. Despite the former minister's 2006
    pledge to introduce a bill compelling employers to create specific jobs
    for the visually impaired, no bill had been introduced by year's end.
    The hospital for persons with mental disabilities, located in Manzini,
    was overcrowded and understaffed.

        National/Racial/Ethnic Minorities.--The constitution forbids
    discrimination on the grounds of race, color, ethnic origin, tribe, or
    birth; however, governmental and societal discrimination was practiced
    against non-ethnic Swazis, generally white persons and persons of mixed
    race. Although there were no official statistics, an estimated 2
    percent of the population was non-ethnic Swazi. Non-ethnic Swazis
    experienced difficulty in obtaining official documents, including
    passports, and suffered from other forms of governmental and societal
    discrimination, such as needing special permits or stamps to buy a car
    or house, delays in receiving building permits for houses, and
    difficulties in applying for a bank loan.

        Societal Abuses, Discrimination, and Acts of Violence Based on
    Sexual Orientation and Gender Identity.--Societal discrimination
    against the LGBT community was prevalent, and LGBT persons generally
    concealed their sexual preferences. Colonial-era legislation against
    sodomy remains on the books; however, it has not been used to arrest
    homosexual persons. Gays and lesbians who were open about their sexual
    orientation and relationships faced censure and exclusion from the
    chiefdom-based patronage system, which could result in eviction from
    one's home. Chiefs, pastors, and members of government criticized
    homosexual conduct as neither Swazi nor Christian. Some gay and lesbian
    Swazis told the UNAIDS executive director they were often turned away
    at HIV testing clinics because of their sexual orientation. Societal
    discrimination exists against gays and lesbians; however, there were no
    reported legal cases during the year. It is difficult to know the
    extent of employment discrimination based on sexual orientation because
    victims are not likely to come forward, and most gays and lesbians are
    not open about their sexual orientation.

        Other Societal Violence or Discrimination.--There was social stigma
    associated with being HIV positive, which discouraged persons from
    being tested. Nevertheless, there were often long lines of persons,
    especially of young persons, waiting to be tested during prevention
    campaigns. The armed forces encouraged testing and did not discriminate
    against those testing positive.
        Examples of discrimination during the year included the case of a
    cook at Lavumisa Primary School who, on January 26, was fired after
    superiors found she was HIV-positive.
        On February 11, an eight-year-old girl was dismissed from class by
    her teacher, who alleged she was HIV-positive.
    Section 7. Worker Rights

        a. The Right of Association.--The constitution and law provide that
    workers have the right to form and join associations of their choice,
    including trade unions, without previous authorization or excessive
    requirements, and workers exercised this right in practice with some
    exceptions. Employees in essential services, which included police and
    security forces, correctional services, firefighting, health, and many
    civil service positions, may not form unions. Unions must represent at
    least 50 percent of employees in a work place to be automatically
    recognized; otherwise, recognition is left to the discretion of
    employers. Approximately 80 percent of the formal private sector was
    unionized. The law allows unions to conduct their activities without
    government interference.
        The law permits strikes; however, logistical requirements to
    register a legal strike makes striking difficult in practice. Employees
    who are not engaged in essential services are allowed to participate in
    peaceful protest action to promote their socioeconomic interests.
        The procedure for announcing a protest action requires advance
    notice of at least 14 days. The law details the steps to be followed
    when disputes arise and provides penalties for employers who conduct
    unauthorized lockouts. When disputes arose with civil servant unions,
    the Government often intervened to reduce the chances of a protest
    action, which may not be called legally until all avenues of
    negotiation have been exhausted and a secret ballot of union members
    has been conducted. Police restricted protest actions and searched
    union headquarters and personal residences of union members for banned
    materials.
        On September 6, police dispersed a meeting of political and labor
    activists, detaining and later releasing members of civil society,
    banned political groups, labor unions from Swaziland and South Africa,
    and a local journalist. Among those held by police were Secretary
    General of the Swaziland Federation of Labor, Vincent Ncongwane;
    Swaziland Youth Congress President, Wandile Dludlu; Deputy President of
    UDEMO, Sikhumbuzo Phakathi; General Secretary of the Swaziland National
    Association of Nurses, Sibusiso Lushaba; head of the SCCCO, Musa
    Hlophe; and Open Society Initiative for Southern Africa Country Manager
    Muzi Masuku. Police detained five South African trade unionists,
    including Congress of South African Trade Unions (COSATU) Deputy
    International Relations Secretary Zanele Mathebula, and its Head of
    Campaigns, George Mahlangu, and expelled them across the South African
    border.

        b. The Right to Organize and Bargain Collectively.--The
    constitution and law provide for the right to organize and bargain
    collectively, and the Government generally respected this right in
    practice. However, employer interference with representatives of
    workers' councils trying to negotiate rules and conditions of work
    contributed to the failure of some trade unions to negotiate or promote
    collective bargaining agreements.
        The law prohibits antiunion discrimination; however, such
    discrimination continued to occur. In the case of unfair dismissal, the
    court can order reinstatement and compensation for the employee, as
    well as fine the employer. Union leaders made credible charges that
    private sector management in various industries dismissed workers for
    union activity, but no cases were pursued through the courts. Other
    concerns identified by unions were undefined hours of work and pay
    days; assaults on workers by supervisors; surveillance by hired
    security officers of trade union activity, both at the workplace and
    outside; and the use of workers' councils stacked with employer-picked
    representatives to prevent genuine worker representation. Allegations
    of antiunion discrimination were most common in the mostly foreign-
    owned garment sector.
        There are no export processing zones.

        c. Prohibition of Forced or Compulsory Labor.--The constitution and
    law prohibit forced or compulsory labor; however, there were reports
    that such practices occurred. The Swaziland Federation of Trade Unions
    characterized the 1998 Administrative Order as a form of forced labor,
    noting that it reinforced the tradition of residents performing
    uncompensated tasks for chiefs, who could penalize those who did not
    participate. Victims of forced labor included women and children forced
    into domestic servitude, agricultural labor, and market vending. Also
    see the Department of State's annual Trafficking in Persons Report at
    www.state.gov/g/tip.

        d. Prohibition of Child Labor and Minimum Age for Employment.--The
    constitution and the Employment Act prohibit child labor; however, such
    laws were not always enforced, especially outside the formal work
    sector, and child labor was a problem. The law prohibits hiring a child
    younger than 15 years old in an industrial undertaking, except in cases
    where only family members were employed in the firm, or in technical
    schools where children worked under supervision. However, children
    joined the workforce early to survive or support their families. The
    law limits the number of night hours children may work on school days
    to six and the overall hours per week to 33.
        Employment of children in the formal sector was not common, but
    children were found doing unpaid labor and often exposed to harsh
    conditions of work. In rural areas, children below the minimum age
    frequently worked in the agricultural sector, particularly in the
    eastern cotton-growing region, and as domestic laborers and herder
    boys. Children reportedly worked in towns as traders, hawkers, porters,
    car wash attendants, and bus attendants.
        In agriculture children pick cotton, harvest sugarcane, and herd
    livestock. This work may involve activities that put at risk their
    health and safety, such as using dangerous machinery and tools,
    carrying heavy loads, applying harmful pesticides, and working alone in
    remote areas.
        Child domestic service is also believed to be prevalent. Such work
    can involve long hours of work and may expose children to physical and
    sexual exploitation by their employer.
        Children also work as porters, bus attendants, taxi conductors, and
    street vendors. Children working on the streets risk a variety of
    dangers, such as severe weather and automobile accidents; they also may
    be vulnerable to exploitation by criminals. Other children are reported
    to work 14-hour days in textile factories.
        Children's exploitation in illicit activities is a problem.
    Children serve alcohol in liquor outlets and grow, manufacture, and
    sell drugs. Also see the Department of State's annual Trafficking in
    Persons Report at www.state.gov/g/tip.
        The Ministry of Labor and Social Security was responsible for
    enforcement, but no officials were specifically designated to deal with
    child labor, and the ministry's effectiveness was limited. The Ministry
    of Enterprise and Employment, the Department of Social Welfare under
    the Deputy Prime Minister's Office, and the police services are the
    federal agencies designated to enforce child labor laws. The Government
    supports programs to promote access to schooling. Free primary
    schooling is offered in grades one and two. Through the Office of the
    Deputy Prime Minister, the Government pays school fees for orphans and
    vulnerable children to provide additional social support and keep these
    children from engaging in child labor.

        e. Acceptable Conditions of Work.--The Ministry of Labor and Social
    Security sets wage scales for each industry. There was a legally
    mandated sliding scale of minimum wages depending on the type of work
    performed. The minimum monthly wage for a domestic worker was
    approximately 300 emalangeni ($40), for an unskilled worker 420
    emalangeni ($57), and for a skilled worker 600 emalangeni ($81). In
    July the Government agreed to a 4.5 percent civil service pay increase
    across the board, which was backdated to April. These minimum wages did
    not provide a decent standard of living for a worker and family.
    Migrant workers were not covered under minimum wage laws. Wage arrears,
    particularly in the garment industry, were a problem. The minimum wage
    laws did not apply to the informal sector, where most workers were
    employed.
        There was a standard 48-hour workweek for most workers and a 72-
    hour workweek for security guards; however, public transport workers
    complained that they were required to work 12 hours a day or more
    without any overtime compensation. It was not clear whether there were
    specific exceptions for female workers. Although policies exist
    regarding maternity leave, women often believe they are compelled to
    keep working from economic need, which sometimes resulted in giving
    birth in unsafe environments, for example, on the way to work. The law
    permits all workers at least one day of rest per week and provides for
    premium pay for overtime. Most workers received a minimum of 12 days of
    annual leave. Workers receive 14 days of sick leave with full pay and
    14 days with half pay after three months of continuous service; these
    provisions apply only once per calendar year. No sick leave is granted
    if an injury results from an employee's own negligence or misconduct.
    These standards do not apply to foreign and migrant workers. The labor
    commissioner conducted inspections in the formal sector, and the
    ministry filed suits for labor violations against three companies by
    year's end.
        The constitution calls on parliament to enact new laws to protect a
    worker's right to satisfactory, safe, and healthy employment
    conditions; however, parliament had not enacted any such laws by year's
    end. The law provides for some protection of workers' health and
    safety. The Government set safety standards for industrial operations
    and encouraged private companies to develop accident prevention
    programs; however, the Labor Commissioner's Office conducted few safety
    inspections because of staffing shortages and an alleged desire not to
    ``scare off foreign investors.'' Workers have no legal right to remove
    themselves from dangerous workplaces without jeopardizing their
    continued employment, and collective bargaining agreements do not
    address the matter.
        There were extensive provisions allowing workers to seek redress
    for alleged wrongful dismissal, and these provisions frequently were
    invoked during the year.

                                   __________

                                    TANZANIA

        The United Republic of Tanzania, with a population of 41 million,
    is a multiparty republic consisting of the mainland and the
    semiautonomous Zanzibar archipelago, whose main islands are Unguja and
    Pemba. The union is headed by a president who is also the head of
    government; its unicameral legislative body is the National Assembly
    (parliament). Zanzibar, although part of the union government, has its
    own president, court system, and legislature, and exercises
    considerable autonomy. Tanzania held its fourth multiparty general
    elections on October 31, in which voters on both Tanzania mainland and
    Zanzibar elected a union president and their respective representatives
    in the union legislature. President Kikwete, the incumbent Chama cha
    Mapinduzi (CCM) candidate, was reelected union president with 61.7
    percent of the vote. The national elections were generally peaceful,
    but there were several protests in urban areas associated with the slow
    pace of reporting election results.
        In Zanzibar the October elections proceeded peacefully after a
    power-sharing agreement was reached between the ruling CCM party and
    the opposition Civic United Front (CUF). In a July 31 referendum,
    Zanzibaris voted to amend the constitution to allow for a unity
    government. In October the Zanzibar electorate elected Ali Mohamed
    Shein, the immediate past union vice president, as president of
    Zanzibar with 50.1 percent of the vote and also elected members of its
    House of Representatives.
        Union security forces reported to civilian authorities, but there
    were instances in which elements of the security forces acted
    independently of civilian control. In Zanzibar, however, authorities
    maintain ``special units'' that operated independently from union
    security forces and have been used for political coercion. Command and
    control of these units are opaque but influenced by the ruling party in
    Zanzibar. Since the October 31 elections that produced a government of
    national unity, the Government of Zanzibar was reviewing the role of
    these ``special units.''
        Principal human rights problems in both Tanzania and Zanzibar
    included the following: use of excessive force by military personnel,
    police, and prison guards, as well as societal violence, which resulted
    in deaths and injuries; abuses by Sungusungo traditional citizens'
    anticrime units; harsh and life-threatening prison conditions; lengthy
    pretrial detention; judicial corruption and inefficiency, particularly
    in the lower courts; restrictions on freedoms of press and assembly;
    restrictions on the movement of refugees; official corruption and
    impunity; societal violence against women and persons with albinism;
    child abuse, including female genital mutilation (FGM); and
    discrimination based on sexual orientation. Trafficking in persons and
    child labor 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.--Neither the
    Government nor its agents committed any politically motivated killings;
    however, on occasion security forces killed civilians during the year.
        In late January regional police arrested several policemen and
    civilians for taking part in an armed robbery on Izinga Island in
    Ukerewe District, Mwanza Region, which resulted in 14 deaths and
    serious injuries to 17 others. No further information was available at
    year's end.
        On January 27, two Tanzania People's Defense Forces (TPDF)
    soldiers, Corporal Ally Ngumbe and Sergeant Roda Robert, were arraigned
    in a Dar es Salaam court for killing Swetu Fundikira after an argument
    involving a defective vehicle. No further information was available at
    year's end.
        In March Musa Juma died in police custody. Relatives of the
    deceased said the body had bullet-like wounds on the lower legs and
    lacerations on the genitals and back. The special zone commander said
    the police would conduct an investigation. No further information was
    available at year's end.
        In April the Legal and Human Rights Center (LHRC) reported that
    Arusha police questioned three police officers and employees of the
    Tanzania National Parks Authority for killing Ndekirwa Palangyo and
    injuring two others, whom they suspected of poaching in the Mkwasenga
    village of King'ori, Arusha Region. No further information was
    available at year's end.
        In June the Shinyanga regional police detained Corporal Gidman
    Kanyinuzi of the Negezi police post in Kishapu District for killing a
    man he mistook for an armed robber. No further information was
    available at year's end.
        In August the Tanga resident magistrate charged two TPDF soldiers,
    Sergeant Masanja Matale and Corporal Yahya Omari, with the assault and
    murder of Hilal Ali and Mzonge Abdallah, who were suspected of fishing
    illegally with dynamite. An investigation continued at year's end.
        There were no further developments in the 2009 death of Rashidi
    Tuga, allegedly tortured and killed by the police.
        Despite efforts by the Government and nongovernmental organizations
    (NGOs) to reduce mob violence through educational outreach and
    community policing, a number of deaths resulted from mobs stoning,
    beating, hacking with machetes, and burning suspected criminals.
        On July 15, according to Lindi Regional Police Commander Sifuel
    Shirima, residents of Ntene, Lindi Region, killed Siajabu Pius Bernard
    for stealing maize from a neighbor. No further information was
    available at year's end.
        On August 24, a mob killed Kastoli Mkamula, a youth, because they
    suspected he broke into a house at Lipangalala village in Morogoro
    Region. No further information was available at year's end.
        There were no further developments in the following 2009 mob
    killings: the January death of Musa Juma in Arusha Region, and the
    April beating death of Robhi Getaraswa in Tarime.
        Alleged witches were killed by persons claiming to be victims of
    witchcraft, relatives of victims, or mobs. Prosecutions were often
    impeded by the reluctance of witnesses to testify.
        Alipipi Makatole, a local government councilor in Buriaga ward,
    Tukuyu District, estimated that between January and April, unidentified
    persons killed six children due to a belief that raping and killing
    children under age five would bring wealth to the perpetrators. Local
    authorities and religious leaders held a meeting with residents to
    condemn the killings and educate the public about witchcraft.
        On April 18, residents of Mafulala village, Rukwa Region, burned
    and killed Maria Jorah Salamba for allegedly using witchcraft to kill
    several children in the village.
        There were no further developments in the following 2009 killings
    of persons allegedly using witchcraft: the March killings of a 70-year-
    old man and the beating of nine others in Sumbawanga District and the
    killing of 60 elderly individuals in Mwanza for suspected witchcraft.
        Violence continued against persons with albinism in the belief that
    their body parts could create power and wealth. Frequently the victims
    were children, whose bodies were found with limbs severed (see section
    6, Children). During the year this practice spread from the Lake Zone,
    where the attacks were concentrated, to other regions, although police
    efforts resulted in fewer such attacks than in previous years. Two
    children with albinism were killed and four injured during the year.
    There have been approximately 57 killings of persons with albinism
    since 2007.
        By year's end the courts had sentenced a total of 10 persons to
    death for the killings of persons with albinism.

        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.
    Soldiers, police officers, and prison guards abused, threatened, and
    otherwise mistreated civilians, suspected criminals, and prisoners on
    several occasions during the year. The abuse most commonly involved
    beatings.
        Local government officials and courts occasionally used caning as a
    punishment for both juvenile and adult offenders. Caning was also used
    in schools to punish students.
        On March 30, the Kisutu Magistrate's Court in Dar es Salaam
    sentenced Justin Kasusura to 30 years in prison and 12 strokes of the
    cane for armed robbery and theft.
        On April 10, two men attacked Said Abdallah and severed his left
    arm in Merela village, Morogoro Region. Police arrested four persons in
    connection with the incident and placed them in remand prison. At
    year's end a police investigation continued.
        On July 9, a magistrate at the Ilala District Court sentenced a 17-
    year-old boy to six strokes of the cane for sodomizing a 15-year-old
    boy.
        On August 18, a magistrate in Mwanza sentenced a Kenyan man, Nathan
    Mutei, to 17 years in prison for trafficking Robinson Mkwama, a Kenyan
    man with albinism, into Tanzania with the intention of selling him.
        In February 2009 a district commissioner in Bukoba ordered police
    to cane 19 school teachers for tardiness and the poor performance of
    the students on the national exams. Seven female and 12 male teachers
    were caned in front of a group of students. On February 14, President
    Kikwete dismissed the district commissioner. The teachers filed a civil
    suit against the district commissioner for 300 million Tanzanian
    shillings (TZS) ($203,000). The case continued at year's end.
        During the year mobs turned on police, whom they accused of failing
    to administer justice effectively. The LHRC reported that between
    January 2009 and June 2010, angry mobs attacked eight police stations.
    Police began an awareness campaign during the year to inform citizens
    about the legal rights of suspects.
        On January 8, approximately 500 residents of Ilangasika village,
    Geita Region, burned the village office as well as the homes of the
    village chairman and his deputy, who prevented a mob from hanging a
    suspected thief. Antiriot police intervened and prevented the mob from
    destroying additional property. No further information was available at
    year's end.
        On May 31, approximately 300 villagers invaded the Hedaru Police
    Station in Same District, Kilimanjaro Region, to punish eight persons
    suspected of kidnapping a child for ritual sacrifice. The villagers set
    the police post on fire and destroyed files, equipment, and three
    vehicles parked nearby. Police protected the suspects from the mob. The
    suspects were released when the child was found. However, five persons
    were arrested for setting the police station on fire. The case was
    pending at year's end.
        During the year police and the TPDF took unspecified disciplinary
    action against the soldiers involved in the May 2009 assault of a
    traffic officer at a crossroad in Dar es Salaam.
        Police arrested 10 TPDF soldiers and three civilians in connection
    with the September 2009 assault on patrons at a bar in Lindi Region who
    refused to change the radio station.
        During the year Feminist Activist Coalition (FEMACT), an umbrella
    organization of NGOs working on women's issues, concluded that local
    security forces had conducted ``ruthless eviction operations'' in
    forcibly evicting farmers and burning their homes and crops in August
    2009, in the Loliondo Game Controlled Area. The Commission on Human
    Rights and Good Governance (CHRAGG) found that eviction was conducted
    using reasonable force. The Office of the Prime Minister and parliament
    conducted investigations into this incident, but their findings were
    not released to the public during the year (see section 6 Indigenous
    People).
        For police in basic training, classes on respecting human rights
    and antitrafficking activities continued during the year as part of the
    inspector general's commitment to professionalize the police force and
    reduce corruption. Soldiers in the TPDF were also given training on
    human rights.

        Prison and Detention Center Conditions.--Despite improvements,
    prison conditions remained harsh and life threatening. Inadequate food,
    overcrowding, poor sanitation, and inadequate medical care were
    pervasive. In contrast to the previous year, there were no reports of
    torture by prison guards during the year.
        During July-September visits by CHRAGG to 67 prisons, inmates
    indicated that the quality of food, size of cells, availability and
    quality of inmate uniforms, and distribution of mosquito nets had
    improved since 2009. Murder suspects spent less time in remand due to
    the expansion in the judiciary. Despite these improvements, sanitation
    and overcrowding were problems that encouraged the spread of disease.
    Prison staff complained of water shortages and a lack of electricity as
    well as inadequate medical supplies. Limited transportation also
    affected the ability of prison staff to take prisoners to health
    clinics and hospitals. Foreign prisoners complained it was difficult
    for embassy officials to visit them and that they waited long periods
    before being transferred to their home countries.
        Inmates in Ruvuma Region went without food at least three times a
    week. In its semiannual report, the LHRC alleged that the prison
    department spent approximately TZS 650 ($ 0.44) a day for food for
    individual inmates instead of the mandated TZS 2,420 ($1.64).
        In May the Tanganyika Law Society (TLS) published the findings of
    an inspection of 24 prisons it conducted in 2009. The report alleged
    prisoners were subject to abuse and torture while in detention and
    detailed overcrowding in prisons in Dar es Salaam, Tabora, Arusha,
    Mara, Mwanza and Tanga Regions. In the Segerea Prison in Dar es Salaam,
    there were 170 inmates in cells designed for 50, and at the Ilagala
    Prison in Kigoma, inmates had to walk more than four miles to fetch
    water when the prison transportation system broke down. The report
    described the prison system's failure to provide basic sanitary items
    or adequate food to the prisoners. The Ministry of Home Affairs denied
    the allegations of torture and abuse but said it had taken note of the
    other issues identified in the report and would try to address them.
        According to the LHRC, there was one reported death in prisons due
    to HIV/AIDS during the year.
        In 2009 the LHRC visited 24 prisons on the mainland and reported
    that overcrowding remained a serious problem. At one facility LHRC
    representatives reported that 150 inmates were living in a cell
    designed for 30. The Tanzanian Red Cross (TRC), which visited prisons
    in 2009, stated that some prisoners had to sleep on the floor.
        According to the TLS, some inmates were forced to worship in
    denominations chosen for them by prison wardens. Seventh Day Adventists
    complained they had to work on Saturday. Generally, however, prisoners
    and detainees had reasonable access to visitors and were allowed to
    worship freely.
        In 2009 one NGO reported that water was often scarce in the
    prisons, leading to poor hygiene. Combined with overcrowding, these
    conditions contributed to the spread of disease. The most common
    diseases were malaria, tuberculosis, HIV/AIDS, and other diseases
    related to poor sanitation. In one women's prison, the LHRC reported
    there were no mosquito nets or screens to prevent malaria. Prison
    dispensaries offered only limited treatment, and friends and family
    members of prisoners generally had to provide medications or the funds
    to purchase them.
        The union Ministry of Home Affairs Public Complaints Department and
    a Prison Services Public Relations Unit responded to public complaints
    and inquiries sent to them directly or through the media about the
    prison conditions.
        On the mainland prisoners were permitted to submit complaints to
    judicial authorities as well, but it was alleged that the letters were
    censored. Prisoners were also able to submit complaints to CHRAGG
    during its prison visits.
        On the mainland the law allows judges and magistrates to grant
    parole or impose alternative sentences such as community service as a
    means of reducing overcrowding; however, these options were rarely
    used. Only 3,057 prisoners on the mainland had been granted parole
    since the parole law was enacted in 1999. According to the LHRC, the
    law authorizes early release for good behavior but has burdensome
    evidentiary requirements.
        During the year the prisons held approximately 38,477 prisoners, of
    whom 18,948 were convicted (49 percent) and the others were pretrial
    detainees (51 percent). An estimated 1,275 convicted prisoners and
    pretrial detainees were women. While a precise figure was not available
    for juveniles in detention on the mainland, officials estimated the
    juvenile population was similar to that of female prisoners, a small
    fraction of the total prison population. There were an estimated 700
    juveniles in remand homes.
        According to CHRAGG, pretrial detainees were held between three and
    four years. Pretrial detainees were not always separated from prisoners
    on the mainland. However, this separation occurred with greater
    regularity in mainland prisons during the year.
        In 2009 on both Zanzibar and the mainland, it was reported that
    prison officers sexually abused individuals in detention. There were
    reports that in Segerea Prison male staff members made sexual advances
    to female inmates. According to the TLS, some inmates complained of
    being sexually harassed by fellow inmates.
        In Zanzibar, the Zanzibar minister of state for regional
    administration and special units, Suleiman Othman Nyanga, told members
    of the House of Representatives on June 16 that the Government would
    investigate allegations that prison officers were sexually abusing
    inmates.
        In Zanzibar juveniles were held with adults and remand prisoners
    were held with convicted prisoners. There were 17 juveniles in jail in
    Zanzibar.
        On the mainland authorities often moved prisoners to different
    prisons without notifying their families.
        Representatives from the International Committee of the Red Cross
    (ICRC) and CHRAGG visited prisons during the year. The Office of the UN
    High Commissioner for Refugees (UNHCR) visited prisons holding refugees
    to determine their immigration status and provide help to those wrongly
    arrested and sentenced for illegal immigration.
        Despite improvement in the length of pretrial detention, it
    remained a problem, often because the lack of an efficient case
    management system led to lost files and case delays. Efforts to ensure
    that detainees did not serve longer than the maximum sentence for the
    charged offense were often hampered in rural areas because officials
    lacked transport to take detainees on their court date.

        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.--Under the union
    Ministry of Home Affairs, the mainland police force has the primary
    responsibility for maintaining law and order. The field force unit, a
    special division in the national police force, has responsibility for
    controlling unlawful demonstrations and riots. Mainland Sungusungu
    citizens' patrols, which are traditional neighborhood and village
    anticrime groups, also worked with local government leaders to support
    the police force in refugee camps and other areas. The police force
    remained underfunded and largely inefficient. Police use of excessive
    force, police corruption, and impunity were problems. There continued
    to be newspaper articles, civil complaints, and reports of police
    corruption from the Prevention and Control of Corruption Bureau (PCCB)
    and Ministry of Home Affairs.
        The Ministry of Defense is responsible for external security on the
    mainland and Zanzibar and has some limited domestic security
    responsibilities.
        In March CHRAGG released the results of a survey conducted in 2009
    in seven mainland Districts in Mwanza, Mbeya, and Dar es Salaam to
    determine the extent of brutality committed by law enforcement
    officers. According to the report, 97 percent of the 1,045 respondents
    indicated that law enforcers committed acts of brutality, including
    killing and beating. Respondents identified police as the worst
    offenders, followed by paramilitary groups and Sungusungu.
        Mainland police sometimes acted as prosecutors in lower courts,
    which allowed police to manipulate evidence in criminal cases (see
    section 1.e.).
        There were continuing efforts to improve the performance of police.
    During the year police continued to hold educational seminars for
    officers to combat corruption and took disciplinary action against
    police officers implicated in wrongdoing. More than 350 mainland police
    officers were dismissed for unethical behavior and an additional five
    were demoted.
        The mainland community policing initiative launched in 2009 to
    mediate local disputes and reduce police corruption continued during
    the year. The community police received standardized training, and
    police conducted awareness campaigns for citizens on how to assist
    community policing units.
        In July police officers met with NGO representatives and political
    and religious leaders on the mainland to ask for their help in
    educating citizens about the role of police and citizen
    responsibilities. During the year police also aired a television
    program called ``Our Peace'' on the rights and obligations of the
    public in promoting a stable society.
        During the year the mainland police continued to hold training
    seminars on human rights, antitrafficking in persons, expediting
    investigations, finalizing criminal cases, and treatment of opposition
    political party members. Police sometimes collaborated with
    international experts for training.
        The Government arrested and detained journalists, and in one
    incident, arrested NGO activists during the year (see sections 2.a. and
    5).
        The law grants legal status to the mainland Sungusungu village
    anticrime groups. Local governments appointed its members from
    communities with citizen participation. They have the authority to
    arrest suspects and carry wooden clubs but no firearms. Family units of
    a neighborhood in which Sungusungu operated either contributed money
    for patrols or provided a volunteer to participate in patrols. In
    refugee camps, Sungusungu groups composed of refugees acted as security
    forces supplementing contingents of police.
        During the year there were reports of Sungusungu units using
    excessive force, particularly in the Mwanza, Shinyanga, Tabora, and
    Mara Regions. For example, on April 26, the Tanzania Teachers' Union in
    Shinyanga Region announced it was suing the Government over an incident
    in which a Sungusungu unit caned four teachers in public for being late
    to a parent-teacher meeting. The teachers dropped their suit after
    being compensated TZS 100,000 ($68) and relocated to other districts.
        In advance of the October 31 union and Zanzibar presidential and
    legislative elections, the ICRC and TRC trained police officials on six
    regions of the mainland, Pemba, and Zanzibar on their role in
    controlling election related violence, the work of the TRC, and human
    rights. Additionally, the Zanzibar Legal Services Center held human
    rights training for Zanzibar's ``special units'' and provided them with
    a manual on international standards of conduct.
        In March CHRAGG published a survey in which members of the public
    accused Sungusungu units of taking bribes, fabricating cases against
    citizens, beating, and in certain instances killing suspects.
        In 2009 five cases against Sungusungu units were investigated, of
    which four were brought to court. Three cases continued at year's end,
    while the court ordered the Sungusungu involved in the fourth case to
    pay a fine of TZS 30,000 ($20) to the victim.
        On Zanzibar, the Zanzibar Director of Public Prosecution (DPP)
    replaced police prosecutors with civilian prosecutors in all but four
    districts of the isles. This initiative, together with efforts to
    increase the use of mediation and ensure thorough investigations before
    suspects entered remand, decreased the overall case backlog
    significantly and eliminated it in some courts.
        In February the Zanzibar House of Representatives passed the DPP
    Office Act, which establishes a code of conduct, significantly
    improving accountability and transparency.
        In Zanzibar, ``special units'' are deployed at the district level
    for activities that would fall under police jurisdiction on the
    mainland. Recruitment, training, and command and control of the
    ``special units'' are opaque and influenced by the ruling party in
    Zanzibar. There are five different ``special units'' which reported to
    the Zanzibar minister of regional administration before the formation
    of the Government of national unity. These units, including the fire
    brigade and prison guards, were often activated during political
    activities, such as voter registration or voting itself. Following the
    October 31 elections that produced a government of national unity, the
    Government of Zanzibar began a review of the role of Zanzibar's
    ``special units'' that continued at year's end.
        During voter registration from June 2009 to May, there were several
    instances in which Zanzibari ``special units'' were involved in
    disturbances. In August 2009 the Zanzibar government militia reportedly
    fired bullets into the air to disperse crowds of CUF supporters
    gathered at registration facilities on Pemba to protest the
    registration process. According to CUF, amidst escalating violence
    throughout the month of August, soldiers arrested and beat several
    party supporters. There were no further incidents during the year.

        Arrest Procedures and Treatment While in Detention.--On the
    mainland the law requires that persons be apprehended openly with
    warrants based on sufficient evidence, and authorities generally
    complied with the law. The law also requires that a person arrested for
    a crime, other than a national security detainee, be charged before a
    magistrate within 24 hours of arrest; however, at times the police
    failed to comply with this requirement. The law gives accused persons
    the right to contact a lawyer or talk with family members, but at times
    they were denied this right. Prompt access to counsel was often limited
    by the lack of lawyers in rural areas, lack of communication systems
    and infrastructure, and illiteracy and poverty of the accused.
    Authorities promptly informed detainees of the charges against them.
    The Government provided legal representation for some indigent
    defendants and for all suspects charged with murder or treason. The law
    does not allow bail for cases involving murder, treason, drugs, armed
    robberies, or violent offenders posing a public safety risk. When bail
    is granted in some cases, strict conditions on freedom of movement and
    association are imposed. In the primary and district courts, bribes
    sometimes determined whether or not bail was granted.
        By law the president may order the arrest and indefinite detention
    without bail of any person considered dangerous to the public order or
    national security. The Government must release such detainees within 15
    days or inform them of the reason for their continued detention; it
    also allows a detainee to challenge the grounds for detention at 90-day
    intervals. The mainland government has additional broad detention
    powers under the law, which permits regional and district commissioners
    to arrest and detain for 48 hours anyone who may ``disturb public
    tranquility.'' This act was not invoked during the year.
        CHRAGG estimated that more than 51 percent of the prison population
    consisted of pretrial detainees. Detainees charged with criminal
    matters generally waited three years for trial due to the time required
    to complete police investigations, a lack of judges to hear cases, and
    an inadequate judicial budget.
        Prisoners continued to protest the length of time it took to hear
    their cases. For example, on January 26, pretrial detainees from a
    prison in Meatu District, Shinyanga Region, went on a hunger strike to
    protest a lengthy stay in prison without trial. Some of these detainees
    had been in remand prison for seven years and others had been detained
    without bail.
        On August 23, three suspects accused of armed robbery and murder
    stripped naked in a court in Mvomero District, Morogoro Region, to
    protest the delay in their court case. They had been in pretrial
    detention since 2007.
        On April 26, President Kikwete ordered the release of 3,101
    prisoners to ease overcrowding. This group included ill or elderly
    inmates who had served more than one-fourth of their sentence, pregnant
    women, or those with infants.
        On December 9, President Kikwete pardoned more than 3,563 prisoners
    on the occasion of Tanzania's Independence Day.
        On January 12, President Karume pardoned 39 prisoners in Zanzibar
    on Revolutionary Day.

        e. Denial of Fair Public Trial.--The constitution provides for an
    independent judiciary; however, the judiciary remained underfunded,
    corrupt (see section 4), inefficient, especially in the lower courts,
    and subject to executive influence. Court clerks took bribes to decide
    whether or not to open cases and to hide or misdirect the files of
    those accused of crimes. According to news reports, magistrates of
    lower courts occasionally accepted bribes to determine guilt or
    innocence, pass sentences, or decide appeals of cases coming from the
    primary courts to district courts.
        In December 2009 the Tanzania Women Judges Association (TAWJA)
    together with the International Association of Women Judges, a
    nonprofit organization focused on improving access to justice and
    advancing human rights, held a conference in Dar es Salaam to discuss
    ethics among judges, the police, and prosecutors. A TAWJA official
    stated that some judges and many court officials continued to violate
    work ethics and that corruption remained a problem.
        In Zanzibar there were four high court judges. During the year the
    Zanzibar government eased the backlog of cases by appointing high court
    judges to hear cases in the labor court. In 2009 the Zanzibar
    government hired three new magistrates for the land tribunal.
    Previously the land tribunal only had one magistrate.

        Trial Procedures.--With some exceptions, criminal trials were open
    to the public and the press. Courts that hold secret proceedings--such
    as in drug trafficking cases and sexual offenses involving juveniles--
    generally were required to provide reasons for closing the proceedings.
    In cases involving terrorism, the law provides that everyone except the
    interested parties may be excluded and that witnesses may be heard
    under special arrangements for their protection. The law prohibits
    lawyers from appearing or defending clients in primary-level courts,
    whose presiding officers are magistrates without degrees.
        Juries are not used. The law provides for the presumption of
    innocence. Defendants or their lawyers have access to evidence held by
    the Government, the right to question witnesses, and the right to
    present evidence on the defendant's behalf. All defendants charged with
    civil or criminal matters, except parties appearing before kadhi courts
    (which apply Muslim law on civil matters involving the family,
    including registration of marriages, adjudication over inheritance,
    divorce, child custody cases, etc.) on Zanzibar and cases examining the
    constitutionality of Zanzibar laws, could appeal decisions to the
    respective mainland and Zanzibar high courts, respectively. Defendants
    in Zanzibar can appeal decisions to the union Court of Appeal. On the
    mainland the law provides a right to free counsel for defendants
    accused of murder and treason, as well as for indigent defendants in
    other serious cases. There are no public defenders in Zanzibar. Most
    indigent defendants charged with lesser crimes did not have legal
    counsel. On both Zanzibar and the mainland, most defendants could not
    afford legal representation.
        On the mainland and in Zanzibar, in some cases police acted as
    prosecutors in lower courts, but this practice was being phased out.
    The mainland Ministry of Justice began hiring and training state
    prosecutors to handle the entire mainland caseload. Judicial experts
    had criticized the practice of police acting as prosecutors because it
    allowed police to manipulate evidence in criminal cases. The mainland
    government was able to phase out police prosecutors in the regions of
    Tabora, Mwanza, Moshi, and Shinyanga. However, financial constraints
    and staffing issues slowed the process. In Zanzibar, police prosecutors
    have been phased out in all but four districts. The Government took
    steps to speed up the judicial process by opening offices of the DPP in
    the regions of Lindi and Mara. In 2009 the mainland DPP's office
    reviewed cases to identify those that could be dismissed due to weak
    evidence or resolved through plea bargains. Further, it developed a
    general instruction manual for prosecutors and collaborated with police
    on a similar resource for investigators to assist them in processing
    cases.
        There were approximately 1,300 registered lawyers in the country,
    80 percent of whom practiced in Dar es Salaam, Arusha, and Mwanza.
    According to the Zanzibar Legal Services Center, there were only 43
    registered lawyers residing and working in Zanzibar, primarily
    concentrated in and around the city center, and only one resident
    lawyer on Pemba. Most defendants in urban areas who could not afford to
    hire a legal representative or lawyer represented themselves in court,
    but women and the economically needy were provided with free legal
    assistance by the Government and some NGOs, such as the Tanzania Women
    Lawyers Association and the National Organization for Legal Assistance.

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

        Civil Judicial Procedures and Remedies.--There is an independent
    and impartial judiciary in civil matters. Civil proceedings are
    administered in the high court or at the magistrate or district level.
    Persons may bring lawsuits seeking damages or the cessation of human
    rights violations; however, civil judicial procedures often were slow,
    inefficient, and corrupt.

        f. Arbitrary Interference With Privacy, Family, Home, or
    Correspondence.--The law generally prohibits such actions without a
    search warrant; however, the Government did not consistently respect
    these prohibitions. While only courts can issue search warrants, the
    law also authorizes searches of persons and premises without a warrant
    if necessary to prevent the loss or destruction of evidence, or if
    circumstances are serious and urgent.
        CHRAGG received between 100 and 200 complaints regarding civil
    liberties and between five and 20 human rights complaints each month.
    As of June 30, CHRAGG received 772 complaints of which 706 were related
    to good governance and 66 to human rights.
        The law relating to terrorism permits high-ranking police officers
    to conduct searches without a warrant in certain urgent cases; there
    were no reports that this provision of the act has ever been invoked.
        It was widely believed that security forces monitored telephones
    and correspondence of some citizens and foreign residents. The actual
    nature and extent of this practice were not known.
        The LHRC reported several continuing disputes between residents and
    the Government concerning land seizures. The 2001 case of 135 villagers
    who claimed they had been illegally evicted from their land by
    government officials in the Nyamuma villages of Serengeti District in
    Mara Region continued. In 2009 the LHRC filed an application with the
    High Court seeking a court order to compel the Government to compensate
    or resettle the villagers. During the year the Court of Appeal ordered
    the High Court to enforce the judgment but at year's end no date had
    been set by the court for the enforcement order.
    Section 2. Respect for Civil Liberties, Including:

        a. Freedom of Speech and Press.--The constitution provides for
    freedom of speech but does not explicitly provide for freedom of the
    press.
        The law provides for arrest, prosecution, and punishment for the
    use of ``seditious,'' abusive, or derogatory language to describe the
    country's leadership publicly. The law allows police to raid and seize
    materials from newspaper offices without a warrant if there is cause
    and allows the minister of information to close media outlets for
    reasons of undefined ``public interest'' or ``the interest of peace and
    good order.'' However, the independent media on the mainland were
    active and generally expressed a wide variety of views.
        Individuals could criticize the Government both publicly and
    privately without reprisal, although some Tanzanians expressed
    concerned about doing so in public.
        On the mainland there were an estimated 15 daily newspapers. Of
    these, two were owned by the Government, a third, Uhuru, by the ruling
    CCM party, and a fourth by the chairman of the opposition party,
    Chadema. The remaining newspapers were independent although some were
    owned by close associates of ruling party members. Registering
    newspapers remained difficult and was at the discretion of the
    registrar of newspapers at the Ministry of Information on both the
    mainland and Zanzibar.
        Authorities arbitrarily arrested journalists during the year.
        In February the Arusha regional police questioned journalists Mussa
    Juma, Eliya Mbonea, and Amiri Ibrahimu for six hours and detained them
    for three days allegedly because of their efforts to report on a land
    dispute in the villages of Basutu and Mulbadaw. Mussa Juma said the
    police confiscated their equipment after releasing them from custody.
        On May 11, the LHRC reported that police in Ngara District, Kagera
    Region, arrested journalist Cosmas Makongo for reporting on a meeting
    between district officials and villagers on illegal immigration.
    Makongo and other journalists claimed district officials tried to bribe
    them to prevent them from filing their stories. When the journalists
    refused the bribes, local authorities harassed them.
        Journalists were threatened and assaulted during the year.
        On February 4, an unidentified person threatened to beat journalist
    Heri Shaaban from the Business Times for trying to take a picture of a
    TPDF soldier who was being charged with assault with a deadly weapon at
    the Ilala District Court in Dar es Salaam.
        On September 3, an official with the Ministry of Information
    reported that a mob beat a Tanzania Broadcasting Commission (TBC1)
    journalist after TBC1 stopped broadcasting a speech by a Chadema
    candidate.
        On September 24 and again on October 11, the Ministry of
    Information warned the editor of the Mwananchi newspaper of possible
    legal action if the paper continued to publish articles critical of the
    Government. However, no action was taken against the newspaper and it
    continued to publish articles critical of the Government.
        The chairman of the Tanzania Editor's Forum, Absalom Kibanda, said
    that during the year reporters were harassed on three occasions,
    including the October 26 beating by ruling party supporters of Fred
    Katulanda, a reporter with the Mwananchi newspapers in Geita Region.
        The December 2009 case in which five assailants attacked a
    journalist from Mwananchi Communications in his home in Mwanza was
    pending at year's end. The suspects had demanded the journalist
    surrender documents he had received in connection with an investigation
    into funds allegedly stolen from a government bank account.
        During the year the Government banned one newspaper and
    deregistered another. On January 8, Minister for Information, Culture,
    and Sports George Mkuchika banned the Kulikoni newspaper for 90 days
    for violating the National Security Act by publishing a story on army
    recruits who were cheating on exams. He also deregistered the Leo Tena,
    a tabloid magazine, for publishing pornographic pictures.
        On September 2, police in the Kahama District of the Shinyanga
    Region impounded copies of a book entitled Education Corruptors, in
    which the author accused prominent government ministers of lying about
    their educational background. No one was arrested in connection with
    the incident.
        The mainland government allowed political opponents unrestricted
    access to the media; however, the opposition did not receive equal
    coverage.
        On September 19, the Tanzania Editor's Forum published an article
    condemning the harassment of journalists covering election campaigns by
    political party members, warning such parties that newspapers would not
    report their campaigns if the practice continued.
        Authorities impeded journalists from working during the year.
        In April authorities in Ngorongoro District of the Arusha Region
    tried to stop four journalists--Mwanaidi Mkwizu, Abu Mkongo, Mashaka
    Mgeta and Juma Musa--from reporting the story of a group of women
    protesting their 2009 eviction from a game reserve in Loliondo. The
    four reporters were reprimanded by the district commissioner for not
    obtaining permission to interview the women. Although permission was
    granted later, the women would not provide the reporters with any
    information because they had been warned not to talk to them.
        On August 25, CCM officials allegedly chased a Mwananchi reporter
    away from the State Lodge in Mwanza Region when he tried to join the
    president's entourage for a campaign rally in the districts. Ray
    Naluyaga, bureau chief for the Mwananchi and Citizen newspapers, said
    his reporters had been prevented from covering the presidential rallies
    in the Kagera and Mwanza Regions after the Mwananchi ran a story
    alleging that the president was struggling to heal divisions within the
    ruling party.
        On August 28, at the start of Chadema's national election campaign,
    a senior party member publicly accused the president and senior
    government officials of involvement in an ongoing grand corruption
    case. The Government-owned TBC1 cut off live transmission of the
    program. Some persons at the rally assaulted the TBC1 reporter covering
    the event. On August 31, Chief Justice Augustino Ramadhani warned
    opposition parties not to use political platforms to discuss pending
    cases and told reporters that the judiciary would not hesitate to take
    action against candidates who continued to do so.
        During the year Mwana Halisi newspaper sued the Government over
    provisions in the Newspaper Act that give the president and minister of
    information powers to prohibit the publication of material that
    jeopardizes national security. Mwana Halisi claimed this provision
    limits freedom of speech. The case remained pending at year's end.
    Mwana Halisi was suspended for 90 days in 2008 for reporting that a
    group within the CCM was planning to stop the president from competing
    in the 2010 elections.
        Many radio stations and all but one television station were
    privately owned. There were government restrictions on broadcasting in
    tribal languages. The Government operated newspaper, radio, and
    television outlets, as did private corporations.
        In Zanzibar, the only daily newspaper was owned by the Zanzibari
    government. However, there were four periodic newspapers of which three
    were privately owned. In July the Al-Risaalah, a weekly religious
    newspaper, was reestablished.
        Although the Government refused to register the Nipe Habari
    newspaper in 2009, it was registered and allowed to operate on the
    mainland during the year.
        National newspapers were sold in Zanzibar without restriction. The
    Zanzibar government controlled all content of radio and television
    broadcasts, whether privately or publicly owned. Even for mainland
    broadcast state television, there was a delay in the feed, allowing
    Zanzibari censors to intervene. However, the radio stations operated
    relatively independently, often reading the content of national
    dailies, including articles critical of the Zanzibar government.
        Although the media were primarily government-controlled in
    Zanzibar, the political opposition has enjoyed increased access since
    the reconciliation process between the two political parties began in
    November 2009. However, observers noted that in spite of improved
    coverage of opposition rallies, the CCM continued to get more coverage.
        During the run up to the July 31 referendum in Zanzibar, there was
    unprecedented media coverage of the issue of a unity government, with
    open dialogue about its implications.
        A permit was required for reporting on police or prison activities,
    and journalists needed special permission to attend meetings in the
    Zanzibar House of Representatives. Anyone publishing information
    accusing a Zanzibar member of parliament of involvement in illegal
    activities was liable to a fine of not less than TZS 250,000 ($170),
    three years' imprisonment, or both. Nothing in the law specifies
    whether this penalty stands if the allegations were proven to be true.
    The law also empowers the Government to fine and suspend newspapers
    without warning.

        Internet Freedom.--There were no government restrictions on access
    to the Internet; however, the Government monitored Web sites that
    criticized the Government. Police also monitored the Internet to
    prevent trafficking in persons and other illegal activities. In 2009
    the Government shut down one blog for posting a doctored photo of the
    president. In general individuals and groups could engage in the
    peaceful expression of views via the Internet, including by e-mail.
    According to the International Telecommunication Union statistics for
    2008, approximately 1 percent of the country's inhabitants used the
    Internet.

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

        b. Freedom of Peaceful Assembly and Association.--Freedom of
    Assembly.--The constitution provides for freedom of assembly; however,
    the Government did not always respect this right in practice. The
    Government requires organizers of rallies to obtain police permission.
    Police may deny permission on public safety or security grounds or if
    the permit seeker belongs to an unregistered organization or political
    party.
        In February Chadema candidates complained that the police in the
    Rorya District of Mara Region would not allow them to hold rallies
    despite their requests for a permit. Chadema officials were told that
    local authorities feared they would raise the issue of clan fighting in
    their speeches.
        In March the police in the Kibaha urban constituency of Dar es
    Salaam Region refused to give Chadema candidates a permit to hold a
    rally. No explanation was given for the decision. After the October 31
    presidential and parliamentary elections, Chadema faced similar
    difficulties in obtaining permits for planned rallies.
        In April the Arusha police dispersed hundreds of women from
    Loliondo who intended to return their CCM membership cards in protest
    of the July 2009 eviction and burning of their homesteads. District
    authorities also arrested NGO representatives for allegedly inciting
    the women to protest (see sections 1.c. and 5).
        In late December, citing security concerns, police denied CUF
    permission to hold a demonstration and rally in Dar es Salaam. On
    December 28, CUF went ahead with its demonstration. Police dispersed
    the crowd of CUF supporters as they began their march and arrested
    several demonstrators. The cases remained pending at year's end.
        In April authorities dismissed all charges against the seven
    opposition party CUF members who were arrested in September 2009 on
    charges of unlawful assembly.

        Freedom of Association.--The constitution provides for freedom of
    association, and the Government generally respected this right in
    practice.

        c. Freedom of Religion.--For a description of religious freedom,
    please see the 2010 International Religious Freedom Report at
    www.state.gov/g/drl/irf/rpt.

        d. Freedom of Movement, Internally Displaced Persons, Protection of
    Refugees, and Stateless Persons.--The constitution provides for freedom
    of movement within the country, foreign travel, emigration, and
    repatriation, and the Government generally respected these rights. The
    Government generally cooperated with UNHCR and other humanitarian
    organizations in providing protection and assistance to refugees and
    asylum seekers.
        Police at checkpoints sometimes solicited bribes.
        The law does not permit the forced exile of citizens, and the
    Government did not use forced exile in practice.

        Protection of Refugees.--The country's laws provide for asylum or
    refugee status, and the Government has established a system for
    providing protection to refugees. The Government generally provided
    protection against the expulsion or return of refugees to countries
    where their lives or freedom would be threatened on account of their
    race, religion, nationality, membership in a particular social group,
    or political opinion. However, in early November 2009, regional
    authorities in Kigoma Region forcibly returned 72 asylum seekers from
    the Democratic Republic of Congo (DRC) without allowing UNHCR to
    conduct an independent status determination. The Ministry of Home
    Affairs stated it regretted the incident and would not allow it to
    recur.
        In 2008 the minister of home affairs announced that approximately
    200,000 refugees who had arrived from Burundi in 1972 would be offered
    the choice of citizenship or assisted voluntary repatriation. In close
    consultation with UNHCR, the Government continued the process of
    identifying those qualified for citizenship and local integration, and
    more than 162,000 refugees had been granted citizenship by year's end.
        Despite improving conditions, the remaining 1993 Burundi refugees
    did not choose to return home during the year. UNHCR assisted with the
    repatriation of fewer than 1,000 of the 1993 Burundi refugees during
    the year. The tripartite commission composed of UNHCR and the
    Governments of Tanzania and Burundi continued to encourage repatriation
    by offering repatriation incentives and eliminating nonessential
    services.
        Due to deteriorating conditions in the DRC, UNHCR did not assist
    with the repatriation of Congolese refugees during the year.
        By year's end there were only two UNHCR-supported camps in the
    country, one for Congolese and one for 1993 Burundis. It remained
    illegal for refugees to live outside their camps or settlements or to
    travel outside the camps farther than two and one-half miles without
    permits. An exit permit could be obtained from the regional authorities
    for an absence from the camps of less than 11 days. Permits for longer
    absences could be obtained from the Ministry of Home Affairs; however,
    there were several reports that refugees had difficulty obtaining
    permission to leave the camps. Refugees apprehended outside the camps
    without permits often were sentenced to community service rather than
    imprisonment and deportation, as was the case previously. The Ministry
    of Home Affairs acknowledged that some judges in the past had
    misinterpreted the regulation and sentenced refugees to three years in
    jail instead of imposing a six-month sentence or fine as prescribed by
    the law.
        Local government authorities policed the camps with support from
    refugee volunteers. Robbery, assault, and rape were the most common
    crimes. UNHCR reported that there were an estimated 597 incidents of
    gender-based violence, including 84 rapes in the camps during the year.
        UNHCR worked with local authorities as well as individuals working
    in the camps to strengthen coordination and their ability to address
    issues of sexual violence and violence against minorities. During the
    year the Government investigated, prosecuted, and punished perpetrators
    of abuses in the refugee camps; most cases of refugees involved in
    crime and abuse outside the camps were handled by local authorities.
    Residents of refugee camps suffered delays and limited access to
    courts, common problems faced by citizens as well. There were reports
    that some refugees engaged in intimidation and vigilante justice within
    camps.
    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 elections
    on the mainland and in Zanzibar.

        Elections and Political Participation.--Separate elections are held
    for the union and for Zanzibar, ordinarily on the same day, in which
    citizens of the two parts of the union elect local officials, members
    of the national parliament, and a union (national) president. In
    addition Zanzibaris separately elect a president of Zanzibar and
    members of the Zanzibar House of Representatives. District and regional
    leaders in Zanzibar and on the mainland are appointed by their
    respective presidents.
        During the year the National Electoral Commissioner created seven
    new constituencies, bringing the total to 246 constituent seats.
        Tanzania held its fourth multiparty general elections on October 31
    in which voters elected new presidents (both union and Zanzibari) and
    legislative representatives. President Kikwete, the incumbent ruling
    party candidate, was reelected with 61.7 percent of the vote, a smaller
    margin than the 80 percent he received in 2005. The union and Zanzibar
    elections were judged to be largely free and fair. However, the CCM
    benefited from vastly superior financial and institutional resources.
        The national elections were generally peaceful, but there were
    several protests associated with the slow pace of reporting election
    results, primarily in Arusha, Moshi, Mwanza, Kigoma, and Dar es Salaam.
    The opposition party, Chadema, registered concern about the accuracy of
    the count and made allegations of interference with the tabulation
    process, but failed to present proof of significant malfeasance.
    Despite attending the opening session of parliament, Chadema
    parliamentarians walked out before President Kikwete's inaugural
    address and stated they would not recognize his presidency. However,
    the party subsequently accepted Kikwete as the ``lawful'' president but
    continued to call the election results ``illegitimate.''
        In Zanzibar, where past elections were marked by violence and
    widespread irregularities, the October elections proceeded peacefully
    after the ruling CCM party and the opposition CUF reached a power-
    sharing agreement. In a July 31 referendum, Zanzibaris voted to amend
    the constitution to allow for a CCM and CUF unity government. Ali
    Mohamed Shein, the immediate past union vice president, was elected
    president of Zanzibar with 50.1 percent of the vote. Shein selected
    CUF's Seif Sharif Hamad as first vice president and Seif Ali, former
    union deputy foreign minister, as second vice president.
        The passage of the July 31 referendum set the stage for peaceful
    general elections on October 31 in Zanzibar. The power-sharing
    agreement eliminated the winner-take-all system, giving the losing side
    one of two vice-president slots and ministerial positions in proportion
    to the seats it holds in the House of Representatives.
        The Zanzibar government registered eligible voters from late June
    2009 through May. Although in August 2009 the Zanzibar government
    militia reportedly arrested and beat several CUF supporters and
    dispersed crowds around registration centers, the registration process
    proceeded peacefully in 2010.
        On the mainland government harassment of opposition political
    parties diminished after the 2005 elections. However, as parties
    prepared for the October elections, opposition parties alleged that the
    ruling party tried to hamper their campaign initiatives. Chadema
    charged that the Government interfered with its campaign when TBC1, a
    government-owned media outlet, disconnected the live coverage of its
    campaign launch on August 28. Opposition parliamentary candidates
    alleged they were required to stop their campaigns before six p.m.
    daily for security reasons, but officials allowed CCM campaigns to
    continue until eight p.m.
        In 2009 there were three union parliamentary by-elections and one
    for the Zanzibar House of Representatives. Unidentified individuals
    reportedly attacked opposition party members in the mainland
    constituencies of Busanda and Biharamulo during the campaigns preceding
    the by-elections. The ruling CCM party made similar complaints
    regarding attacks by opposition supporters. In addition, opposition
    parties complained of voting irregularities in Biharamulo but did not
    file a legal challenge.
        In April all charges were dismissed due to insufficient evidence
    against the seven CUF officials who were arrested in September 2009
    after a rally and charged with unlawful assembly (see section 2.b.).
        Individuals and parties could freely declare their candidacy and
    stand for election. The law requires that persons running for office
    must represent a registered political party. Following a two-decade
    effort to challenge this provision, on June 17, the Court of Appeal
    ruled that only parliament had the authority to amend the constitution
    to allow independent candidates to run for office.
        In 2009 opposition party members in Zanzibar, particularly on
    Pemba, claimed that the Government, the largest employer, discriminated
    against them in hiring. During the year, however, it was reported that
    discriminatory practices had gradually decreased.
        Political parties are required by law to support the union between
    Tanganyika and Zanzibar; parties based on ethnic, regional, or
    religious affiliation are prohibited. Unregistered parties and
    independent candidates are prohibited from participating in elections.
    In general political parties could operate without restriction or
    outside interference, although there were occasional restrictions on
    the parties' right to call for a demonstration.
        The registrar of political parties has sole authority to approve
    registration of any political party and is responsible for enforcing
    regulations on registered parties. Parties granted provisional
    registration may hold public meetings and recruit members. To secure
    full registration and be eligible to field candidates for election,
    parties must submit lists of at least 200 members in 10 of the
    country's 26 regions, including two of the five regions of Zanzibar,
    within six months.
        During the year three new political parties were granted temporary
    status. However, the registrar of political parties deregistered one of
    them, Chama cha Jamii (CCJ), for failing to meet the requirements for
    full registration.
        In August opposition parties on the mainland complained the
    Government did not give them enough time to return their registration
    forms for parliamentary and local government councilor elections. In
    response the registrar of political parties extended the submission
    deadline by 10 days.
        The election law provides for parliamentarians completing a term to
    receive 40 million TZS ($27,000) as a ``gratuity,'' which incumbents
    can use in reelection campaigns. Several NGOs and opposition parties
    criticized this provision for disadvantaging opposition party
    candidates in mounting an effective challenge.
        On February 11, parliament enacted the Election Expenses Act to
    regulate funding, curb illegal practices, and promote accountability
    among candidates during the nomination campaign and election cycle.
        On July 26, the National Electoral Commission distributed to
    political parties an Electoral Code of Conduct that was drafted in
    consultation with and signed by the political parties. Failure to sign
    the code precludes a party from fielding candidates. The code bars
    public servants from interfering with election procedures and political
    parties and their followers from engaging in violent behavior, carrying
    weapons, and using foul language. Candidates are permitted only to
    criticize opponents on policy issues. Candidates violating any section
    of the code are liable to fines of TZS 50,000 ($34), TZS 100,000 ($68)
    and TZS 200,000 ($136) for civic, parliamentary, and presidential
    aspirants, respectively. Zanzibar CCM and CUF also signed a code of
    conduct, as did the media operating in the isles.
        The unicameral union parliament has up to 357 members, including
    the attorney general, the speaker, five members elected from and by the
    Zanzibar House of Representatives, 102 special women's seats
    apportioned among the political parties based on their election
    results, 239 constituent seats (including 50 from Zanzibar), and up to
    10 members nominated by the president.
        Political parties appoint women to serve in seats set aside for
    them according to the percentage of votes their parties win. After the
    October elections, there were 102 special seats for women, and at
    year's end there were 119 women in the 357-seat parliament. After
    taking office, President Kikwete appointed eight women ministers
    (compared with four in the former administration) and three women
    deputy ministers. There were two members of parliament of Asian origin
    in parliament. There were no ministers of Asian origin.
        In the October 31 elections, the CCM retained its absolute majority
    in parliament, with nearly 80 percent of the seats. With a total of 47
    seats, 24 elected and 23 ``special seats'' for women, Chadema displaced
    CUF as the official opposition and selected its chairman, Freeman
    Mbowe, as opposition leader. The new parliament selected Anne Makinda
    as the country's first female speaker of parliament.
        Twenty five of the 62 high court judges and five of the 16 Court of
    Appeal judges were women.
        The Zanzibar House of Representatives has 50 elected seats, 20
    women's special seats, and eight appointed at-large seats. Two of the
    eight appointed seats were held by women. There are two women ministers
    and four deputy ministers. There were three persons with disabilities
    in the Zanzibar House of Representatives.
    Section 4. Official Corruption and Government Transparency
        The law provides criminal penalties for official corruption;
    however, the Government did not implement the law effectively, and some
    officials engaged in corrupt practices with impunity. The World Bank's
    Governance Indicators in 2008 reflected that corruption was a serious
    problem.
        On February 11, the parliament passed the Election Expenses Bill,
    which came into force on March 17. The new law, which is designed to
    curb the misuse of campaign funds during elections, contains a list of
    prohibited activities that may disqualify a candidate from
    participating in an election. For example, candidates are prohibited
    from bribing individuals with money, employment, or other valuables to
    induce them to vote or refrain from voting in a particular manner.
    During the year the Tanzanian Prevention and Combating of Corruption
    Bureau (PCCB) opened investigations into and began court proceedings
    against a number of ruling party candidates suspected of bribing
    voters. There were 10 cases pending in court at year's end.
        The Government continued to use specialized agencies to fight
    corruption, but their effectiveness was limited. A three-person unit
    within the President's Office, headed by a minister of state for good
    governance, was charged with coordinating anticorruption efforts and
    collecting information from all the ministries for publication in
    quarterly reports. During the year the unit drafted the National Anti-
    Corruption Strategy and Action Plan.
        There was little accountability in most government entities; senior
    government officials estimated that 20 percent of the Government's
    budget in each fiscal year was lost to corruption, including theft and
    fraud, fake purchasing transactions, and ``ghost workers.'' During the
    year Director General of the National Identification Authority Dickson
    Mwaimu told parliamentarians that the Government was losing billions of
    shillings annually through fraudulent salary payments. According to
    Mwaimu, the Government lost TZS 26.6 billion ($18 million) in salaries
    to ghost workers in seven institutions in the past three years.
        On April 19, the Controller and Auditor General's office released a
    report stating that, despite general improvement in the management of
    government funds, there were still major weaknesses in internal
    controls and noncompliance with laws and regulations, particularly in
    the area of public procurement.
        The PCCB is responsible for investigating suspected corruption
    cases and prosecuting offenders in coordination with the DPP and
    educating the public about corruption. The PCCB has 24 regional offices
    and an office in every District on the mainland. In the first six
    months of the year, the PCCB received 2,896 allegations of corruption,
    investigated 413 cases, brought 104 new cases to court, and prosecuted
    506 cases in which there were 21 convictions. There were 30 ongoing
    grand corruption cases at year's end. According to the PCCB, most
    corruption investigations concerned government involvement in mining,
    land matters, energy, and investments. NGOs also reported that
    allegations of corruption involved the Tanzania Revenue Authority,
    local government officials, the police, licensing authorities, hospital
    workers, and the media.
        The PCCB's mandate does not extend to Zanzibar, and a special unit
    of the police force in Zanzibar is responsible for corruption cases.
    However, according to police, there were no investigations as no
    complaints were received during the year. The Zanzibar Legal Services
    Center indicated that it received complaints during the year about
    corruption associated with land disputes involving government
    officials.
        Judicial and police corruption were problems.
        During the year the court rejected the appeal of Jamila Nzota, a
    magistrate in the Temeke District Court, who was convicted of
    soliciting a bribe in May 2009.
        On July 30, in Dar es Salaam, the PCCB interrogated three high-
    profile government officials after receiving complaints that they were
    involved in acts of corruption. The Government officials included
    Member of Parliament for Kinondoni Idd Azzan, Minister for Natural
    Resources and Tourism Shamsa Mwangunga, and Tanzania Communication
    Regulatory Authority Consumer Consultative Council chairperson Hawa
    Ng'umbi. Investigations continued at year's end.
        On August 11, the PCCB charged Joseph James Mungai, a member of
    parliament and former cabinet minister, with corruption. Mungai was
    alleged to have given gifts valued between TZS 2,000 ($1.35) to TZS
    20,000 ($14) to 15 CCM officials. The case was pending at year's end.
        Although a number of high-profile corruption cases were ongoing and
    one was concluded, the Government continued to be criticized for slow
    progress on these grand corruption cases.
        On May 24, Amatus Liyumba, the former Central Bank director of
    personnel and administration, was sentenced to two years in prison for
    abuse of office in connection with the construction of the Bank of
    Tanzania (BOT) building. Liyumba appealed the decision. The court
    dismissed his appeal and ordered him to serve his sentence.
        In May the resident magistrate of Ilala District Court acquitted
    BOT Legal Secretary Bosco Ndimbo Kimela after the DPP dropped charges
    against him. In September 2009 Kinemela, along with three BOT
    employees, was charged with embezzling TZS 104 billion ($70 million) by
    manipulating contract prices and printing requests for currency
    procurement. The remaining three defendants continued to face charges,
    and the cases were pending at year's end.
        On September 13, the Kisutu Resident Magistrate Court adjourned a
    corruption case facing Costa Rick Mahalu, former ambassador to Italy,
    and Counsellor Grace Martin. The two were charged with causing the
    Government a loss of two million euros ($2.68 million) during the
    purchase of an embassy building in Italy. The case was pending at
    year's end.
        The case against more than 20 individuals accused in 2008 of
    obtaining funds fraudulently from the BOT's external payment account
    continued at year's end.
        In July the 2008 cases against two former ministers of finance and
    the former permanent secretary in the Ministry of Finance came before
    the court and continued at year's end.
        Government ministers and members of parliament, as well as other
    public servants, are required to disclose their assets after being
    sworn into office, at the end of each year, and upon leaving office;
    however, there was no enforcement mechanism or means to determine the
    accuracy of these disclosures. At year's end only 33 percent of
    politicians, 57 percent of public servants, and 27 percent of local
    leaders (councilors) required to make disclosures had met the deadline.
        There is no law providing for public access to government
    information, and such access remained limited. Government officials
    routinely refused to make information available. Civil service
    regulations effectively allow only a handful of high-level government
    representatives to communicate information to the media.
        In September the Policy Forum, a local NGO, introduced a simplified
    version of the Government budget to increase accessibility as well as
    knowledge of government spending among citizens.
    Section 5. Governmental Attitude Regarding International and
            Nongovernmental Investigation of Alleged Violations of Human
            Rights
        A wide variety of domestic and international human rights groups
    generally operated without government restriction, investigating and
    publishing their findings on human rights cases. Government officials
    generally were cooperative and responsive to their views. On the
    mainland more than 5,000 NGOs were registered and entered into the
    database maintained by a government-appointed NGO coordination unit
    within the vice president's office. The registration process was slow,
    taking two to five years. International NGOs may operate both on the
    mainland and Zanzibar. However, NGOs in Zanzibar must apply through the
    local government for approval, and all religious NGOs must seek
    approval from the Office of the Mufti, the Muslim religious authority.
        Unlike in the previous year, there were no reports that the
    Government of Zanzibar fined, suspended, and removed NGOs that
    criticized it.
        CHRAGG, which was financed by the Government, operated without
    government interference on the mainland and in Zanzibar. Due to
    budgetary constraints, CHRAGG conducted less outreach than in previous
    years and consequently received fewer complaints. As of June 30, CHRAGG
    had received 772 complaints, of which 706 involved issues of good
    governance and 66 involved human rights abuses. In Zanzibar it received
    384 complaints, of which 197 were processed to completion between
    January and June.
        On April 12, a representative from Oxfam and two colleagues from
    the Ngorongoro NGO Network were arrested and detained by authorities in
    Loliondo who alleged they were responsible for assisting women from 12
    villages in Loliondo, Ngorongoro District, to demonstrate against their
    2009 eviction from the Loliondo Game Controlled Area (see section 6).
        The union parliamentary committee for constitutional, legal, and
    public administration is responsible for reporting and making
    recommendations regarding human rights. Although the majority of
    committee members were from the ruling CCM party, the committee acted
    independently of government and political party influence, and most
    observers viewed it as an unbiased institution. The committee worked
    closely and cooperated well with CHRAGG.
        The Government continued to host the International Criminal
    Tribunal for Rwanda (ICTR) in Arusha and was supportive of, and
    cooperated with, the international court. By year's end there were 21
    detainees on trial, two awaiting trial, and nine cases pending appeal.
    Jean Bosco Uwinkindi, one of 11 remaining fugitives, was arrested in
    Kampala, Uganda, and transferred to the ICTR during the year. He is one
    of the two detainees awaiting trial. During the year the ICRC visited
    prisoners at the ICTR in Arusha.
        In September and October 2009, respectively, Gregoire Ndahimana and
    Idelphonse Nizeyimana were transferred to the ICTR. Ndahimana's trial
    began in September 2010 and continued at year's end. Nizeyimana was
    awaiting trial at year's end. The trial of Augustin Ngirabatware,
    former minister of planning, which began in September 2009, continued
    at year's end.
        On December 22, the UN Security Council adopted Resolution 1966,
    authorizing the creation of a ``residual mechanism'' for the ICTR to be
    located in Arusha. This mechanism will continue the activities of the
    court on a reduced scale following the closure of the tribunal in June
    2012.
    Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
        The constitution prohibits discrimination based on nationality,
    ethnicity, political affiliation, race, social status, or religion.
    Discrimination based on gender, age, or disability was not explicitly
    prohibited by law but was discouraged publicly in official statements
    and by government policies. Discrimination against women, refugees,
    minorities, and persons with HIV/AIDS and disabilities persisted, and
    ethnic tensions continued in some parts of the country.

        Women.--The law provides for life imprisonment for persons
    convicted of rape, including spousal rape, but rape continued to be a
    serious problem. In June the senior assistant commissioner of police
    said that gender-based violence had increased and that 123 rape cases
    were reported to police in Dar es Salaam between March and June.
    Countrywide, there were an estimated 3,200 reported rape cases between
    January and June, with 1,549 under investigation. Of those cases sent
    to court, 65 resulted in acquittals and 161 in convictions.
        Police maintained 78 gender and children desks to support victims
    and address relevant crimes.
        During the year in Zanzibar 870 rape cases were treated at the
    Mnazi Mmoja hospital. Mnazi Mmoja in coordination with Save the
    Children United Kingdom's Zanzibar Office, the Zanzibar Female Lawyer's
    Association, police officials, prosecutors, and the Department of
    Social Welfare established a one stop center at the hospital where rape
    victims can receive treatment and counseling as well as report these
    crimes in a safe environment.
        During the year the Zanzibar Female Lawyer's Association received
    108 complaints related to gender-based violence.
        Domestic violence against women remained widespread, and police
    were often reluctant to pursue such cases. The law prohibits assault
    but does not specifically prohibit spousal battery or protect women
    from gender-based violence. There is no unified legal code protecting
    women. Disparate provisions of various statutes offer ineffective
    safeguards against gender-based violence. Cultural, family, and social
    pressures often prevented women from reporting abuses, and authorities
    rarely took action against persons who abused women.
        A survey released in 2008 by the Tanzania Media Women's Association
    indicated that efforts to fight violence against women in Zanzibar were
    undermined by insensitivity to gender-based violence by the police, the
    judicial system, and hospital workers. According to the survey,
    communities considered violence against women a private matter and
    discouraged victims from taking legal action. The handling of such
    cases by police and hospitals discouraged victims from seeking legal
    remedies. Respondents stated that some police officers made humiliating
    comments to women who reported cases of rape and sometimes asked for a
    bribe for their cases to be processed.
        In March the NGO Anti-Female Genital Mutilation Network (AFNET)
    conducted a study in 22 villages in the six wards of Rorya District to
    gauge the prevalence of gender-based violence; 93 percent of
    respondents characterized gender-based violence as a problem.
        The courts recognized domestic violence as grounds for divorce.
    However, women often tolerated prolonged domestic abuse before seeking
    a divorce. Women in urban areas who sought advice from legal aid
    clinics most commonly cited domestic abuse as the reason for seeking a
    divorce.
        In July the Association of Journalists against AIDS in Tanzania and
    the Lindi Women Paralegal Aid Centre conducted a spot survey on gender-
    based violence, HIV/AIDS, stigma, and discrimination. The survey cited
    cultural and family pressures as reasons for failure to report
    incidents of gender-based violence. According to Faustin Hokororo, the
    Lindi regional crime officer, light punishments meted out by the courts
    coupled with lack of cooperation from the community when called upon to
    testify in court also hindered efforts to combat the problem.
        During the year NGOs conducted a television campaign to encourage
    women to speak out about gender-based violence. The NGO Tanzania Gender
    Networking Program conducted weekly gender-development seminars during
    the year. Government officials also used public fora to emphasize the
    importance of educating girls.
        The Government generally recognized the right of couples and
    individuals to decide freely and responsibly the number, spacing, and
    timing of their children. There were no restrictions on the right to
    access contraceptives; however, only an estimated 20 percent of women
    used modern contraception, in part due to cultural factors, lack of
    transportation to health clinics, and shortages of contraceptives. The
    Government provided free prenatal, childbirth, and postpartum services
    but lacked sufficient qualified health care professionals as well as
    medical supplies. An estimated 60 percent of approved positions within
    the Ministry of Health and Social Welfare remained unfilled, which
    impeded the work of small, rural clinics. Pregnant women giving birth
    at government health-care facilities throughout the country often had
    to purchase their own medical supplies. Few women took advantage of
    postpartum care. According to the UN Population Fund, the maternal
    mortality ratio was 790 per 100,000 live births, and an estimated 43
    percent of births were attended by skilled personnel in 2008. UN
    sources estimated that a woman's lifetime risk of maternal death was
    one in 23. Men and women received equal access to diagnosis and
    treatment for sexually transmitted infections, including HIV.
        The law prohibits sexual harassment of women in the workplace, but
    no statistics existed on the extent of its occurrence or on
    effectiveness of enforcement. Women in the private sector sometimes
    faced discrimination from employers who believed that household
    obligations were a professional liability. There were reports that
    women were asked for sexual favors in return for promotions.
        Inheritance and marriage laws do not provide for equality for
    women, and women's rights often were not respected. The mainland
    Ministry of Community Development, Women, and Children and the mainland
    Ministry of Justice and Constitutional Affairs, as well as their
    counterpart ministries on Zanzibar, are responsible for protecting the
    legal rights of women. Discrimination against women was most acute in
    rural areas. Rural women had little opportunity to attend school or
    obtain wage employment.
        The law gives individuals the right to use, transfer, and occupy
    land without distinction of gender, and recognizes women's occupancy
    rights (all land in Tanzania belongs to the Government), but
    implementation was difficult because most women were unaware of the
    law. Historically, rural women have not acted as primary land occupants
    or managed businesses because of cultural constraints and lack of
    education. Civil society activists reported widespread discrimination
    against women in property matters related to inheritance and divorce.
    This was particularly the case in Zanzibar, but also in some parts of
    the mainland, where activists maintained that judges relied on
    customary and Islamic law in discriminatory fashion. Women were
    particularly vulnerable if they initiated the separation from their
    partners or if their partners died.
        In Zanzibar women between the ages of 18 and 21 who became pregnant
    out of wedlock could be sentenced to perform community service set by
    the Zanzibar director of public prosecution. The provision was not
    applied during the year.

        Children.--Citizenship is derived by birth within the country's
    territory, or if abroad, from one's parents. Only 17 percent of
    children had birth certificates, according to the Registration
    Insolvency and Trusteeship Agency. Registration of births within three
    months is free; however, parents who register their babies after three
    months must pay a fee. To encourage registration, children enrolling in
    preschool must present a registration certificate. However, this
    stipulation was not strictly enforced, and public services were not
    withheld if a child was not registered.
        Primary education was compulsory, free, and universal on both the
    mainland and Zanzibar through the age of 15; however, parents were
    required to pay fees for enrollment beginning in form one, the
    equivalent of the first year of high school. As a result, many children
    did not attend secondary school. Parents were required to pay for
    books, uniforms, and school lunches. There were inadequate numbers of
    teachers, books, and other educational materials to meet the demand,
    which affected the quality and availability of education.
        Girls represented roughly half of all those enrolled in primary
    school but were absent more often due to household duties.
        The law allows head teachers to cane students, and corporal
    punishment in schools remained a problem, although less so than in
    previous years.
        There continued to be reports of teachers raping students during
    the year. For example, on April 28, Omary Muhogo, a Mafuru primary
    school teacher, was arrested and questioned for allegedly raping and
    sexually abusing 13 school children. An investigation continued at
    year's end.
        On June 2, two men appeared before the Ilala Magistrate's Court for
    the rape of two young boys. The accused denied the charges but were
    remanded for failure to meet bail conditions. They remained in prison
    at year's end.
        The law prohibits female genital mutilation (FGM); however, it
    continued to be practiced by some tribes and families. Statutory
    penalties for performing FGM on girls under 18 ranged from five to 15
    years' imprisonment, a fine of TZS 300,000 ($203), or both; however,
    prosecutions were rare, and none were conducted during the year. Many
    police officers and communities were not aware of the law; victims were
    often reluctant to testify; and some witnesses feared reprisals from
    FGM supporters. Some villagers reportedly bribed local leaders not to
    enforce the law in order to carry out FGM on their daughters.
        In March AFNET conducted a study on 22 villages in Rorya District
    in Mara Region on the prevalence of FGM in the region. Girls between
    the ages of 12 and 18 were the primary targets of FGM and were promised
    gifts and money from parents and relatives for undergoing the
    procedure. Some girls believed they would not be married without
    undergoing FGM.
        In 2005 the Ministry of Health estimated that 5 to 15 percent of
    women and girls underwent FGM; their average age was less than 10 years
    old and reportedly included some newborns. FGM was practiced by
    approximately 20 of the country's 130 tribes and was most prevalent in
    the mainland regions of Arusha, Singida, Kilimanjaro, Morogoro, and Dar
    es Salaam.
        In 2009 a local government officer in Singida stated that 254 out
    of 1,046 women who delivered in health clinics in Manyoni District,
    Singida Region, were circumcised. In 2009 AFNET reported that 47 out of
    59 infants and girls up to age five who attended a village clinic in
    Singida Region had undergone FGM. Clitoridectomy, a less severe form of
    FGM, was employed most frequently; however, infibulation, the most
    severe form, was also practiced, mainly in the northern highlands and
    the central zone.
        The Government continued to implement the 2001-15 National Plan of
    Action for the Prevention and Eradication of Violence Against Women and
    Children, which enlisted the support of practitioners and community
    leaders in eradicating FGM. AFNET worked with education officers in the
    Serengeti to increase awareness about the negative effects of FGM. The
    NGO worked specifically with a group of students between the ages of 10
    and 13 to help them gain the confidence to refuse the practice.
        In the Mara Region, where FGM is prevalent, it was reported in
    November that 5,000 girls were at risk of FGM. The Tarime-based
    Termination of Female Genital Mutilation Society, in conjunction with
    the Children's Dignity Fund, launched an educational campaign to
    educate girls on the health risks associated with FGM.
        The law provides that girls as young as 15 can marry with the
    consent of parents or guardians, although no consent is required for
    orphaned girls without guardians. The courts also have discretion to
    allow the marriages of 14-year-old girls in the case of pregnancy.
    Additionally, the law allows Muslim and Hindu girls to marry as young
    as 12 so long as the marriage is not consummated until the girl reaches
    the age of 15. To circumvent these laws, offenders bribed police or
    paid a bride price to the family of the girl to avoid prosecution.
        On Zanzibar, there are multiple laws that define the age of a
    child, including the Penal Code, which defines a child as an individual
    under the age of 18 who is not married or hasn't given birth, and the
    Young Offenders Decree, which defines a child as being under 14 years.
    Under Islamic law, however, the age at which a child reaches puberty
    determines whether she or he is still a child.
        The law provides that sexual intercourse with a child under 18
    years is rape, regardless of consent; however, the law was not
    enforced.
        The law criminalizes child pornography and child prostitution;
    however, sexual exploitation and trafficking in persons, including
    children, were problems. Persons found guilty of such offenses were
    subject to a fine ranging from one million TZS ($678) to TZS 500
    million ($339,000) and/or a prison term of one to 20 years.
        Children with albinism were killed for their body parts. For
    example:
        On February 8, a man armed with a machete attempted to chop off the
    legs of 12-month-old Fatma Mohammed in Ruvu village; five persons were
    arrested and subsequently released on bail. The case remained pending
    at year's end.
        On April 18, in Kitahama village, Kigoma Region, unidentified
    persons abducted and killed four-year-old Naimana Daudi; the girl's
    left leg and left arm had been severed. The police arrested a teacher,
    who remained in prison awaiting trial at year's end.
        On April 26, in Luhaga village, Shinyanga Region, attackers severed
    the arm of 13-year-old Kabula Nkalango; no arrests had been made by
    year's end.
        In October a 10-year-old boy with albinism was killed by attackers
    who were trying to sever one of his lower limbs. At year's end no one
    had been charged for the killing.
        In July the Tabora Court of Appeal upheld an earlier judgment which
    sentenced three men to death for the killing of 13-year-old Matatizo
    Dunia.
        Infanticide continued to be a problem, especially among poor rural
    mothers who believed themselves unable to afford to raise a child.
        According to the National HIV/AIDS and Malaria Indicator Survey of
    2007-08, approximately 11 percent of children on the mainland under the
    age of 18 were orphans (defined as having one or two deceased parents)
    and 9 percent were considered to be vulnerable to exploitation; in
    Zanzibar the figures were 7 and 4 percent, respectively. Most orphans
    were absorbed into other families, but those who were not taken in by
    extended family members received additional support and counseling from
    the Government and several state- and privately sponsored NGOs.
        There were significant numbers of street children in Dar es Salaam,
    Mwanza, and Arusha. Street children had limited access to health and
    education services because they lacked a fixed address or money to
    purchase medicines, school uniforms, and books. They were also
    vulnerable to sexual abuse.
        The country is not a party to the 1980 Hague Convention on the
    Civil Aspects of International Child Abduction. For information on
    international child abduction, please see the Department of State's
    annual report on compliance at http://www.travel.state.gov/abduction/
    resources/congressreport/congressreport--4308.html

        Anti-Semitism.--The Jewish population was very small, and there
    were no reports of anti-Semitic acts.

        Trafficking in Persons.--For information on trafficking in person,
    please see the Department of State's annual Trafficking in Persons
    Report at www.state.gov/g/tip.

        Persons With Disabilities.--The constitution prohibits
    discrimination against persons with disabilities. During the year the
    Government passed the Persons with Disability Act, although
    implementing regulations had not been promulgated by year's end.
    Approximately 10 percent of the total population consisted of persons
    with some disability, and persons with physical disabilities were
    effectively restricted in employment, education, access to health care,
    and other state services by physical barriers and inadequate financial
    resources. Although the Government mandates access to public buildings,
    transportation, and government services for persons with disabilities,
    few buildings were accessible. New public buildings were being built in
    compliance with the law, but funds to retrofit existing structures were
    unavailable.
        There were five members of the mainland parliament with
    disabilities, including one elected member of parliament from Lindi who
    has albinism.
        The Ministries of Education, Justice, and Labor are responsible for
    enforcing the protection of rights of persons with disabilities for
    education, legal claims, and labor rights, respectively. The Department
    of Social Welfare has responsibility for coordinating matters related
    to persons with disabilities.
        In 2009 the Government started an education initiative to integrate
    students with disabilities into mainstream schools; however, the
    program lacked adequate funding. For example, braille paper and tape
    recorders were generally not available for blind students.

        Indigenous People.--On April 12, local authorities dispersed women
    from 12 villages in Loliondo, Ngorongoro District, who had gathered to
    demonstrate against their July 2009 evictions from the Loliondo Game
    Controlled Area (LGCA) and the burning of their homesteads, as well as
    against suspected government plans to redraw village boundaries that
    would exclude them from key Maasai pastures. Authorities also arrested
    and detained NGO activists who police alleged were responsible for
    inciting the protest.
        During the year FEMACT concluded that local security forces had
    conducted ``ruthless eviction operations'' in forcibly evicting farmers
    and burning their homes and crops in August 2009 in the LGCA, where
    foreign corporations own the rights to hunt. In August 2009
    international NGOs reported that local field force units forcibly
    evicted Maasai pastoralists from their homes in the LGCA. In 1992 the
    Government gave a foreign corporation the rights to hunt in the LGCA
    during certain periods of the year. The pastoralists typically moved
    from the LGCA during hunting season, but when they did not do so in
    2007, the field force units allegedly forcibly removed the Maasai and
    burned their homes and crops. Pastoralists who refused to move were
    arrested. The Government claimed that those evicted were Kenyans and
    criticized NGOs for exaggerating the situation. In mid-September 2009
    CHRAGG sent a team to investigate the alleged human rights abuses. In
    its report, released in May, it found that no gross human rights
    violations were committed by field force units in Loliondo and that the
    eviction was conducted using reasonable force. However, CHRAGG
    suggested that the disputed area be surveyed and properly demarcated to
    avoid such disputes in the future.

        Societal Abuses, Discrimination, and Acts of Violence Based on
    Sexual Orientation and Gender Identity.--Homosexuality is illegal on
    the mainland and in Zanzibar. On the mainland the offense is punishable
    by up to five years in prison. The law in Zanzibar establishes a
    penalty of up to 25 years' imprisonment for men who engage in
    homosexual relationships and seven years for women in lesbian
    relationships. Since the burden of proof in such cases is significant,
    the law is rarely applied, and there were no reports that anyone was
    punished under the law during the year. In the past individuals
    suspected of being gay or lesbian were instead charged with loitering
    or prostitution. Gays, lesbians, bisexual, and transgendered (LGBT)
    persons faced societal discrimination, which restricted their access to
    healthcare, housing, and employment.
        During the year a coalition of NGOs worked together to advocate for
    the rights of LGBT persons, including the repeal of the penal code
    provision criminalizing homosexuality. However, societal discrimination
    forced organizations advocating for these rights to operate discreetly,
    often impeding the efficacy of their outreach and advocacy.

        Other Societal Violence or Discrimination.--The HIV/AIDS Act of
    2008 prohibits discrimination against any person ``known or perceived''
    to be HIV positive and establishes medical standards for
    confidentiality to protect persons living with HIV/AIDS. The Act also
    criminalizes the deliberate transmission of HIV. As of October draft
    regulations had been submitted to the attorney general for review and
    recommendations.
        According to a founding member of the Parliamentarians' AIDS
    Coalition, parliamentarians and other persons in general were more open
    to discussing HIV/AIDS than in the past. During the year the coalition
    funded awareness raising campaigns in 10 constituencies focusing on the
    prevention of mother-to-child transmission, feeding and nutrition,
    orphans and vulnerable children, and other HIV/AIDS related issues.
        According to the 2007/08 HIV/AIDS and Malaria Indicator Survey,
    there was little change in attitudes towards persons living with HIV/
    AIDS since the previous survey in 2003/04. There were continuing
    reports that discrimination in housing, healthcare, and education
    continued to occur against the estimated 1.3 million persons in the
    country living with HIV/AIDS.
        The Government, working with NGOs, continued to sensitize the
    public about HIV/AIDS-related discrimination and to create safeguards
    for HIV/AIDS patients' human rights. A network of lawyers,
    policymakers, and doctors continued lobbying efforts and other
    activities to deal with legal, ethical, and human rights problems
    associated with HIV/AIDS.
    Section 7. Worker Rights

        a. The Right of Association.--The union and Zanzibar governments
    have separate labor laws. Workers on the mainland had the right to form
    and join independent trade unions. Trade unions must consist of more
    than 20 employees and were required to register with the Government. A
    trade union or employers' association must register within six months
    of its establishment; failure to register is a criminal offense. The
    registrar in the Ministry of Labor, Employment, and Youth Development
    exerted significant power over trade unions, including the right to
    deregister unions if overlap existed within an enterprise. Unions had
    to submit financial records and a membership list to the registrar
    annually. The registrar could suspend a trade union if it determined
    that the union violated the law or endangered public security.
    Association with an international trade union required government
    approval.
        Approximately 33 percent of the formal sector work force (550,000
    workers) belonged to the Trade Union Congress of Tanzania (TUCTA), the
    sole labor federation. In the agricultural sector, the country's
    largest employment sector, an estimated 5 to 8 percent of the work
    force was unionized. Strikes were very infrequent on both the mainland
    and Zanzibar.
        Mainland workers have the legal right to strike, and employers have
    the right to a lockout after complying with certain legal requirements
    and procedures. These rights are qualified according to the law. For
    example, all parties to a dispute may be bound by an agreement to
    arbitrate, and neither party may then engage in a strike or a lockout
    until that process has been completed.
        In April TUCTA announced it would hold a nationwide strike starting
    on May 5, if the Government failed to increase salaries to TZS 315,000
    ($214), reduce income taxes, and address pension disparities. Although
    TUCTA and the Government entered into negotiations through the
    Commission for Mediation and Arbitration, TUCTA continued to threaten
    to strike. On May 3, President Kikwete publicly criticized union
    officials and warned workers not to take part in the strike. TUCTA
    called off the strike the day before it was scheduled to start. On May
    8, TUCTA and the Government agreed to continue their negotiations. In
    mid-June the Government reached an agreement with TUCTA to increase
    minimum wages and exempted low wage government workers from income tax.
        In 2008 the Government was granted a court injunction to stop
    hundreds of thousands of teachers from striking over unpaid salaries
    and allowances. A judge ordered the teachers and the Government into
    arbitration before allowing the teachers to go on strike. In September
    2009 the Government stated it was verifying and auditing teacher claims
    for salaries and allowances but planned to make payment in October. The
    audit was completed in late October 2009 and teachers began receiving
    their payments. Although there continued to be some complaints about
    back wages, they were not on a similar scale or which involved the
    court.
        A lawful strike or lockout is protected and does not constitute a
    breach of contract, nor can it be considered a criminal offense. An
    employer may not terminate the employment of an employee for
    participating in a lawful strike or terminate an employee who accedes
    to the demands of an employer during a lockout.
        The law restricts the right to strike when to do so would endanger
    the life and health of the population. Workers in certain sectors
    (water and sanitation, electricity, health services and associated
    laboratory services, firefighting, air traffic control, civil aviation
    telecommunications, and any transport services required for the
    provisions of these services) are restricted from striking. Workers in
    other sectors may also be subject to this limitation.
        The labor law in Zanzibar applies to both public- and to private-
    sector workers. Government workers do have the right to strike as long
    as they follow procedures outlined in the Employment Act of 2005. They
    are not allowed to join mainland-based labor unions. The Zanzibar labor
    law requires a union with 50 or more members to be registered and sets
    literacy standards for trade-union officers. There were 14 trade unions
    on Zanzibar, and an estimated 40 percent of the Zanzibar workforce is
    unionized. In collaboration with the International Labor Organization
    (ILO), the Government worked to draft regulations under the Employment
    Act of 2005 to facilitate a smooth implementation of the act. However,
    the regulations were not approved by the Labor Advisory Board and were
    being redrafted at year's end.

        b. The Right to Organize and Bargain Collectively.--The law
    provides for collective bargaining in the private sector, and workers
    and employers practiced it freely during the year. In the public
    sector, the Government set wages administratively, including for
    employees of state-owned organizations.
        On the mainland disputes were regulated and resolved by mediation
    through the Commission for Mediation and Arbitration. If the mediator
    failed to resolve a dispute within 30 days of referral, or any longer
    period agreed upon in writing by both parties, either party to the
    dispute may give notice of its intention to commence a strike or
    lockout. If the mediation fails to resolve the complaint, the
    Commission for Mediation and Arbitration may appoint an arbitrator to
    decide the dispute, or it may be referred to the labor court.
        In practice many private-sector employers adopted antiunion
    policies or tactics. On the mainland the law prohibits discriminatory
    activities by an employer against union members; however, in August
    2009 an ILO consultant told the Daily News that trade union rights were
    affected by antiunion discrimination and limitations on the right to
    strike. In some instances employers did not allow unions to recruit at
    their work sites and threatened employees interested in joining a union
    with termination. These cases were reportedly resolved informally. The
    law required employers found guilty of antiunion activities to
    reinstate workers.
        On the mainland there were five industrial zones operating as
    export processing zones (EPZs). There were also 35 developer licensees
    and 34 operator licensees functioning as single factory zones. In
    Zanzibar there were three free economic zones, which were treated as
    EPZs. There were no special laws or exemptions from regular labor laws
    in EPZs.

        c. Prohibition of Forced or Compulsory Labor.--The law prohibits
    forced or compulsory labor; however, there were reports that such
    practices, especially involving children, occurred. In some instances,
    girls from rural areas were forced to do domestic work, while boys were
    sent to work on farms, in mines, and in the informal business sector.
    In 2009 the International Office of Migration reported that men from
    Malawi were forced to work in the fishing industry.
        The law allows prisoners to work without pay on construction and
    agriculture projects within prisons both to develop the skills of the
    prisoners and reduce the costs of operating the prisons. Prisoners were
    also used as labor on projects outside of the prison, such as road
    repair and government construction projects.
        See also the Department of State's annual Trafficking in Persons
    Report at www.state.gov/g/tip.

        d. Prohibition of Child Labor and Minimum Age for Employment.--The
    law prohibits the exploitation of children in the workplace. Under the
    law the minimum age for contractual employment is 14. Children over 14
    (but under 18) could be employed only to do light work unlikely to harm
    their health and development or attendance at school. Children under
    the age of 18 may not crew on a ship or be employed in a mine, factory,
    or any other worksite where working conditions could be hazardous.
        The law establishes criminal penalties for employers of child labor
    as well as forced labor; violators could be fined an amount not
    exceeding TZS 4.68 million ($3,172), imprisonment for one year, or
    both. Although the Ministry of Labor, Employment, and Youth Development
    reportedly conducted inspections and issued warnings to violators of
    child labor statutes, there were no reported child labor cases brought
    to court during the year. Likewise, Zanzibar's Ministry of Labor, Youth
    Development, Women, and Children did not take legal action related to
    child labor.
        A shortage of inspectors on the mainland and in Zanzibar resulted
    in limited enforcement of child labor provisions, and child labor
    continued to be a problem. According to the Integrated Labor Force
    Survey of 2006, approximately 19 percent of children ages five to 17
    years were engaged in child labor on the mainland. In Zanzibar an
    estimated 8 percent of children ages five to 17 were engaged in child
    labor.
        Child labor was widespread in Tanzania and Zanzibar. Children work
    as domestic help, street vendors and shop keepers, as well as in small-
    scale agriculture (e.g., coffee, sisal, tea, and tobacco), family-based
    businesses, fishing, and artisanal mining. In Zanzibar, children work
    primarily in transportation, fishing, clove picking, domestic labor,
    small businesses, and gravel making.
        During the year the Government worked closely with stakeholders to
    reduce child labor especially at the district, ward, and village level.
    Government leaders were committed to ending child labor in their
    localities and worked in collaboration with international NGOs to
    withdraw children from child labor during the year.
        During the year the Zanzibar Ministry of Employment, Youth, Women,
    and Children withdrew 600 children from child labor in the fishing,
    seaweed farming, and quarrying industries on the islands. In May the
    ministry conducted a seminar for its steering committee on child labor
    to develop an action plan to address child labor and educate
    participants about the dangers of child labor.
        On the mainland the Ministry of Labor, Employment, and Youth
    Development was responsible for enforcement of labor laws, together
    with the Commission for Mediation and Arbitration and the labor court.
        Several government ministries, including the Ministry of Labor,
    Employment, and Youth Development, had special child labor focal
    persons.
        In 2009 the Government instituted a number of policies aimed at
    decreasing child labor. These included the establishment of the Child
    Labor Monitoring System to coordinate all national efforts related to
    child labor as well as the creation of District child labor
    subcommittees. While the Ministry of Labor continued its monitoring
    efforts during the year, it reported that its implementing partners
    failed to provide it with data concerning their efforts to withdraw or
    prevent children from engaging in child labor. The ministry conducted a
    limited number of monitoring visits to regions where child labor is
    prevalent. Child labor issues were integrated into the Complementary
    Basic Education curriculum and the teacher-training college curriculum.
        Other measures to ameliorate the problem included ensuring that
    children of school age attended school, imposing penalties on parents
    who did not enroll their children in school, and sensitizing employers
    in the formal sector against employing children below the age of 18.
        In 2009 the Government revised the Child Development Policy to
    include prohibitions against the worst forms of child labor. During the
    year it continued to conduct outreach to educate citizens about the
    policy, particularly through its promotion of the children's agenda.
        The national intersectoral committee on child labor within the
    Office of the Prime Minister, which includes representatives from
    several ministries and the NGO community, has not met since September
    2009. According to an ILO official, the Government expressed its
    commitment to fight child labor and strengthen local structures for its
    elimination.
        The Government collaborated with NGOs by providing technical
    expertise in agriculture and qualified trainers, as well as the
    necessary allowances and in some cases a budget to support child labor
    related activities. For example, the Igunga District Council set aside
    seven million TZS ($4,745) for child labor related activities in 2009.

        e. Acceptable Conditions of Work.--The mainland government raised
    the minimum wage in both the public and private sectors in July and
    exempted low wage government workers from income tax. The new minimum
    wage standards were divided into eight employment sectors, the lowest
    minimum wage was TZS 70,000 ($47) per month for workers in the
    agricultural sector and the highest was TZS 350,000 ($237) per month
    for workers in the mineral and aviation sectors. These monthly wages
    were above the poverty line of TZS 13,998 ($10) per month per person
    established by the 2006/07 Household Budget Survey. The labor laws
    cover all workers, including foreign and migrant workers.
        The Government of Zanzibar increased the minimum wage rate from TZS
    80,000 ($54) to TZS 100,000 ($68) per month during the year.
        In 2009 there were reports that some employers offered only short-
    term contracts of three to six months to avoid the salary and benefit
    requirements. In 2009 trade unions expressed their discontent over pay
    raises given by the Government to certain high-level government
    officials, including judges, ministers, and their deputies, as well as
    regional and district commissioners.
        There was no standard legal workweek for private-sector workers,
    but most private employers retained a six-day, 44- to 48-hour workweek.
    A five-day, 40-hour workweek was in effect for government workers.
    Under most circumstances, it was illegal to employ women to work
    between 10:00 p.m. and 6:00 a.m.; however, employers frequently ignored
    this restriction. The ILO reported in 2009 that some workers were
    forced to work overtime under the threat of being fired.
        Several laws regulate safety in the workplace. The Ministry of
    Labor, Employment, and Youth Development managed an inspection system;
    however, its effectiveness was limited due to lack of resources and the
    small number of labor officers available to conduct the inspections.
    Labor standards were not enforced in the informal sector, where most of
    the workforce was employed.
        Workers could sue an employer if their working conditions did not
    comply with the Ministry of Labor, Employment, and Youth Development's
    health and environmental standards. Disputes were generally resolved
    through the Commission for Mediation and Arbitration. There were no
    exceptions for foreign or migrant workers.

                                   __________

                                      TOGO

        Togo, with a population of 6.6 million, is a republic governed by
    President Faure Gnassingbe, who was reelected on March 4 in a process
    characterized by international observers as generally free and fair.
    The election presented a stark contrast to the 2005 presidential
    election, which was accompanied by systematic fraud, voter
    intimidation, and widespread violence. Following the announcement of
    the official election results, limited incidents of violence between
    security forces and opposition protesters occurred. The military
    strongly backed the ruling Rally of the Togolese People (RPT), which
    dominated politics and maintained firm control over all levels of the
    highly centralized government. Security forces reported to civilian
    authorities.
        Human rights problems in the country included: security force use
    of excessive force, including torture, which resulted in deaths and
    injuries; official impunity; harsh and life-threatening prison
    conditions; arbitrary arrests and detention; lengthy pretrial
    detention; executive influence over the judiciary; infringement of
    citizens' privacy rights; restrictions on freedoms of press, assembly,
    and movement; official corruption; discrimination and violence against
    women; child abuse, including female genital mutilation (FGM), and
    sexual exploitation of children; regional and ethnic discrimination;
    trafficking in persons, especially women and children; societal
    discrimination against persons with disabilities; official and societal
    discrimination against homosexual persons; societal discrimination
    against persons with HIV; and forced labor, including by 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 several
    reports that the Government or its agents committed arbitrary or
    unlawful killings during the year.
        Security forces killed striking demonstrators during the year (see
    section 2.b.).
        On May 28, Amnesty International (AI) reported that several persons
    died in detention in 2009 ``probably as a result of torture or other
    ill-treatment.''
        According to a June 24 report by Freedom House, three bodyguards of
    Kpatcha Gnassingbe, the president's half brother, were killed during
    the army's April 2009 raid on the home of Gnassingbe, who was suspected
    of coup plotting.
        In May 2009 the Government established a Truth, Justice, and
    Reconciliation Commission in response to public and international
    pressure to account for the complaints lodged by victims of political
    violence between 1958 and 2005. The commission, which has no power to
    prosecute or grant amnesty, held public hearings and began taking
    individual statements during the summer.

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

        c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
    Punishment.--The constitution prohibits such practices; however in
    January 2009 a UN special rapporteur found evidence that police and
    gendarmes abused detainees during interrogation, guards beat prisoners,
    and young persons and children were at risk of corporal punishment
    while in detention. The Government did not prosecute officials for such
    abuses, and impunity remained a problem.
        Information surfaced during the year that detainees died from
    torture in March 2009 (see section 1.a.).
        Unlike in previous years, there were no reports of attacks on or
    intimidation of human rights workers.

        Prison and Detention Center Conditions.--Prison conditions remained
    harsh with serious overcrowding, poor sanitation, and unhealthy food.
    At year's end the expanded Central Prison of Lome, which was built for
    666 prisoners, held 1,925 prisoners. In April 2009 the media reported
    that prisoners were dying of hunger and received typically one meal a
    day worth 150 CFA francs ($0.31). During the year the warden of the
    central prison confirmed that adult prisoners received one meal a day,
    and juveniles were provided three. Medical facilities were inadequate,
    and disease and drug abuse were widespread. Sick prisoners reportedly
    had to pay 1,500 CFA francs ($3.12) to guards before being allowed to
    visit the infirmary. There were reports that prison officials sometimes
    withheld medical treatment from prisoners. Lawyers and journalists
    reported that prison guards charged prisoners a small fee to shower,
    use the toilet, or have a place to sleep. Local press reported that
    prison guards sexually harassed female prisoners.
        While there were no official statistics on the number of prison
    deaths, the warden of the central prison confirmed 22 prisoner deaths
    during the year from various causes, including asthma, hypertension,
    and tuberculosis.
        As of October 11, there were 4,116 prisoners in the country's 12
    prisons and jails. There were 28 juveniles held in the Brigade for
    Minors during the summer, 10 of whom were released at the start of the
    school year. Infants of female prisoners and detainees were placed in
    the care of private nurseries, which received government support.
    Pretrial detainees were not held separately from convicted prisoners.
        Prisoners and detainees were granted reasonable access to visitors
    and were permitted religious observance.
        Authorities permitted prisoners and detainees to submit complaints
    to judicial authorities without censorship and request investigation of
    credible allegations of inhumane conditions. However, authorities
    rarely investigated such complaints and did not publicly document such
    investigations. The Government monitored and investigated prison and
    detention center conditions only rarely, and official impunity was a
    problem.
        Ombudsmen did not serve on behalf of prisoners and detainees to
    consider such matters as alternatives to incarceration, the status and
    circumstances of juvenile confinement, improving pretrial detention, or
    recordkeeping procedures. However, the Ministry of Justice continued to
    work on ameliorating these problems through its multi-year reform
    program financed by the European Union.
        Local NGOs accredited by the Ministry of Justice could visit the
    prisons anytime, although the accreditation process could take up to a
    year. International NGOs must negotiate an agreement with the
    Government to gain similar access to prisons. During the year the
    International Committee of the Red Cross (ICRC) and other international
    human rights organizations were allowed prison access. Only
    internationally recognized groups such as the Office of the UN High
    Commissioner for Refugees (UNHCR) and the ICRC were granted access to
    National Intelligence Agency (NIA) detention facilities.

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

        Role of the Police and Security Apparatus.--The security forces
    consist of the army, navy, air force, national security service
    (including the national police and investigation bureau), and the
    gendarmerie. The NIA is responsible for domestic and foreign
    intelligence and security, including criminal investigations. The
    police are under the direction of the Ministry of Security and Civil
    Protection, which reports to the prime minister. The Ministry of
    Defense, which reports directly to the president, oversees the military
    and the gendarmerie. Police and gendarmes are responsible for law
    enforcement and maintenance of order. The army is in charge of external
    security. Approximately 80 percent of the army's officers and soldiers
    were from the Kabye ethnic group, which constituted 23 percent of the
    population and to which the current and previous presidents belonged.
        Police generally were ineffective and corrupt, and impunity was a
    problem. Police often failed to respond to societal violence. The
    Government generally did not investigate or punish effectively those
    who committed abuses, including unlawful killings and disappearances.
    No progress was made in examining complaints from more than 100 victims
    of human rights abuses committed during the 2005 presidential election
    (see section 1.a.). In 2007 the victims were asked to pay 25,000 CFA
    francs ($52) to the court to move their cases forward. Some were unable
    to pay and withdrew their complaints. Others paid the requested fee but
    still saw no progress on their cases during the year.

        Arrest Procedures and Treatment While in Detention.--The law
    authorizes judges, senior police officials, prefects, and mayors to
    issue arrest warrants; however, persons were detained arbitrarily and
    secretly. Although detainees have the right to be informed of the
    charges against them, police sometimes ignored this right. The law
    allows authorities to hold arrested persons incommunicado without
    charge for 48 hours, with an additional 48-hour extension in cases
    deemed serious or complex. The law stipulates that a special judge
    conduct a pretrial investigation to examine the adequacy of evidence
    and decide on bail; however, in practice detainees often were held
    without bail for lengthy periods with or without the approval of a
    judge. Family members and attorneys officially had access to a detainee
    after 48 or 96 hours of detention, but authorities often delayed, and
    sometimes denied, access.
        Security forces arbitrarily arrested opposition members during the
    year (see sections 1.e. and 3).
        During the year the Government arrested and detained political
    prisoners, all of whom were released by year's end (see section 1.e.).
        The 33 persons arrested in April 2009 for suspected coup plotting,
    including Kpatcha Gnassingbe, one of the president's half brothers and
    a national assembly member, remained in detention (see section 1.e.).
        The law prohibits arrest for civil debt; however, according to the
    Togolese League of Human Rights, an unknown number of persons were
    arrested for outstanding debts and detained in gendarmeries and police
    stations for more than 48 hours.
        A shortage of judges and other qualified personnel, as well as
    official inaction, resulted in lengthy pretrial detention and
    confinement of prisoners for periods exceeding the time they would have
    served if tried and convicted. Almost 80 percent of inmates were
    pretrial detainees. The Togolese League of Human Rights reported that a
    man suspected of stealing a chicken remained in pretrial detention for
    a year.

        e. Denial of Fair Public Trial.--Although the constitution provides
    for an independent judiciary, the executive branch continued to exert
    control over the judiciary, and corruption was a problem. Lawyers often
    bribed judges to influence the outcome of cases. The court system
    remained overburdened and understaffed.
        There were three associations of magistrates in the country: the
    Union of Magistrates of Togo (SMT), the National Association of
    Magistrates (ANM), and the Professional Association of Magistrates of
    Togo (APMT). A majority of the APMT members were supporters of the
    ruling RPT and reportedly received the most prestigious assignments,
    while judges who advocated an independent judiciary and belonged to the
    ANM or SMT often were assigned to second-tier positions.
        A military tribunal exists for crimes committed by security forces;
    its proceedings were closed. The military court cannot try civilians
    and does not accord military defendants the same rights as civilians.

        Trial Procedures.--The judicial system employs both traditional law
    and the Napoleonic Code in trying criminal and civil cases. Defendants
    do not enjoy a presumption of innocence. Trials were open to the
    public, juries were used, and judicial procedures generally were
    respected. Defendants have the right to be present at their trials and
    have the right to counsel and to appeal. All defendants have the right
    to an attorney, and the bar association provides attorneys for the
    indigent. Defendants may confront witnesses and present witnesses and
    evidence on their own behalf. The preceding rights were respected in
    practice. Defendants have the right to access government-held evidence
    relevant to their cases, but in practice that right was not respected.
        The law extends these rights to all citizens, but not to persons
    convicted in the military court. Women who were uneducated or came from
    rural areas tended not to be aware of or feared claiming their rights.
        In rural areas the village chief or a council of elders is
    authorized to try minor criminal and civil cases. Those who reject the
    traditional authority may take their cases to the regular court system,
    which is the starting point for cases in urban areas.

        Political Prisoners and Detainees.--The Government arrested and
    held 16 political detainees in connection with the March 4 presidential
    election; however, the Government denied it held political detainees or
    prisoners. On March 3, five were arrested in Akoumape; on March 6, four
    were arrested in Lome; on May 9, six were arrested in Bassar, the home
    town of opposition candidate Kofi Yamgnane; and on August 11, another
    person was arrested for refusing to obey police directives not to
    attend an unauthorized opposition vigil. The 16 were charged with
    inciting violence. As of September, according to AI and the League of
    Togolese Human Rights, all 16 had been released. Some were held for
    weeks and others for six months, but none had been mistreated,
    according to AI. The Government permitted access to such persons on a
    regular basis by international humanitarian organizations.
        The 33 persons arrested in April 2009 for suspected coup plotting,
    including presidential half brother Kpatcha Gnassingbe, remained in
    detention. Most of the detainees were held by the NIA and charged with
    offences against the security of the state, conspiracy, rebellion, and
    ``voluntary violence''; those charged with inciting violence were held
    at Kara civil prison in the north. According to AI, some of the
    detainees were initially held incommunicado, and several had been
    denied family visits. Lawyers were sometimes denied access to their
    clients. The ICRC and other human rights organizations were initially
    denied access to the detainees, but subsequently granted access. On
    September 30, another suspect was arrested in Abidjan in connection
    with the alleged plot and extradited to Togo.
        The six opposition members arrested after the 2005 election were
    released from Kara civil prison during the year. During their
    incarceration the Government permitted regular access to them by
    international humanitarian organizations and the League of Togolese
    Human Rights.

        Civil Judicial Procedures and Remedies.--Both the constitution and
    the law provide for civil and administrative remedies for wrongdoing,
    but the judiciary did not respect such provisions, and most citizens
    were unaware of them.

        f. Arbitrary Interference With Privacy, Family, Home, or
    Correspondence.--The constitution and law prohibit such actions, and
    the Government generally respected these prohibitions in practice. In
    criminal cases a judge or senior police official may authorize searches
    of private residences; in political and national security cases,
    security forces need no prior authorization.
        Citizens believed that the Government monitored telephones and
    correspondence, although such surveillance was not confirmed.
    Section 2. Respect for Civil Liberties, Including:

        a. Freedom of Speech and Press.--The constitution and law provide
    for freedom of speech and of the press; however, the Government
    continued to restrict these rights. Numerous journalists were fined or
    sued, usually for defamation, and President Faure personally initiated
    several lawsuits, which he subsequently dropped. Impunity for past
    crimes against journalists encouraged self-censorship.
        Although the Government did not officially censor individual
    expression, persons were reluctant to criticize the Government publicly
    or privately due to past violent reprisals by government agents and the
    possibility of civil liability.
        The High Authority of Audiovisuals and Communications (HAAC) was
    established to provide for freedom of the press, ensure ethical
    standards, and allocate frequencies to private television and radio
    stations. Although nominally independent, in practice the HAAC operated
    as the Government's censorship arm.
        For example, following the disruption of the April 2009 alleged
    coup plot led by Kpatcha Gnassingbe (see section 1.a.), the HAAC issued
    an order banning all radio and television programs in which the public
    was allowed to express its opinion; the ban was lifted a few days
    later.
        In October the Government passed a law that provides the HAAC with
    the power to impose severe penalties, including suspending publications
    for up to six months, withdrawing press cards, and seizing equipment
    from journalists responsible for ``serious errors.''
        There was a lively independent press, most of which was heavily
    politicized, with some highly critical of the Government. More than 25
    privately owned newspapers were published with some regularity. The
    official media heavily slanted their content in favor of the
    Government.
        On August 25, a criminal court judge banned indefinitely the
    distribution of Tribune d'Afrique, a newspaper based in Benin but with
    a bureau in Lome. The newspaper had published an investigative series
    on the alleged involvement of Mey Gnassingbe, a half brother of the
    president, in drug trafficking. The judge ordered the newspaper to pay
    60 million CFA francs ($125,000) to President Faure and fined the Togo-
    based editor and two reporters two million CFA francs ($4,166) each. On
    August 25, defense lawyer Darius Atsoo filed an appeal, noting the
    newspaper did not have a lawyer during the trial and was not able to
    present a defense. Observers noted that the fines were excessive, and
    that if upheld on appeal, could bankrupt the newspaper.
        Information surfaced during the year that in December 2009 a Lome
    court fined independent periodical Golfe Info 1.5 million CFA francs
    ($3,125) and ordered it to pay 82.3 million CFA francs ($17,450)
    directly to the NIA; suspend all publication for two months; and
    retract the offending September story and any subsequent coverage of
    it. The original article had claimed that a celebrity who was allegedly
    involved in drug trafficking had worked as a project officer for the
    presidential administration.
        Radio remained the most important medium of mass communication, and
    there were approximately 100 radio stations, most of which were
    privately owned.
        Information surfaced during the year that military personnel in
    July 2009 assaulted a reporter with the private FM Radio Metropolys;
    the reporter had failed to heed the directions of military forces
    deployed to a construction zone. After the beating, the journalist
    called a demonstration, which was forbidden by authorities and
    dispersed by gendarmes.
        Unlike in the previous year, there were no reports the radio
    journalists were suspended after criticizing authorities.
        The Government-owned Togo Television was the only major television
    station. Eight smaller television stations operated during the year.

        Internet Freedom.--There were no known 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 International Telecommunication Union statistics for 2009,
    approximately 5.7 percent of the country's inhabitants subscribed to an
    Internet service provider, and 15 percent used the Internet.

        Academic Freedom and Cultural Events.--The Government intimidated
    academics by maintaining a security force presence at the University of
    Lome. According to students and professors, a government informant
    system continued to exist, and undercover gendarmes attended classes.

        b. Freedom of Peaceful Assembly and Association.--Freedom of
    Assembly.--The constitution and law provide for freedom of assembly;
    however, the Government generally restricted this right. The Government
    prevented opposition supporters from meeting and forcibly dispersed
    demonstrations on several occasions during the year, which resulted in
    deaths.
        On March 24, the gendarmerie fired tear gas into a crowd of
    opposition supporters, who were beating an undercover gendarme
    discovered among them. In the ensuing panic, several persons were
    injured.
        Following the March 24 violence, the minister of security decreed
    that no further demonstrations, marches, or public meetings to protest
    the election results would be tolerated. The Government subsequently
    deployed police and gendarmes, who used tear gas to prevent
    demonstrations. Although the ban remained in effect, the Government
    allowed the opposition UFC party to conduct weekly Saturday marches and
    Wednesday prayer vigils until August, when the Government again
    enforced the ban.
        On June 22, the gendarmerie used live ammunition, batons, and tear
    gas to disperse protests over a 20 percent increase in fuel prices,
    resulting in several deaths and numerous injuries.
        On August 10, gendarmes used tear gas to disperse UFC supporters
    who gathered at a church for their annual congress. Police equipped
    with batons, tear gas, and live ammunition formed a line to block
    access to the road leading to UFC headquarters. After the UFC held its
    two congresses in early August, the Government denied permission for
    the weekly Wednesday noon prayer vigil and an August 14 march and rally
    at the beach.
        No action was taken against security forces who in January 2009
    severely beat students at the African School for Architecture and Urban
    Planning, who were protesting school management and poor campus
    security following numerous muggings of students.

        Freedom of Association.--Under the constitution and law, citizens
    have the right to organize associations and political parties, and the
    Government generally respected this right in practice.

        c. Freedom of Religion.--For a complete description of religious
    freedom, please see the Department of State's 2010 International
    Religious Freedom Report at www.state.gov/g/drl/irf/rpt.

        d. Freedom of Movement, Internally Displaced Persons, Protection of
    Refugees, and Stateless Persons.--The law provides for freedom of
    movement within the country, foreign travel, emigration, and
    repatriation; however, the Government restricted some of these rights
    in practice. The Government cooperated with the UNHCR and other
    humanitarian organizations in providing protection and assistance to
    internally displaced persons, refugees, returning refugees, asylum
    seekers, stateless persons, and other persons of concern.
        Checkpoints with armed security personnel and arbitrary searches of
    vehicles and individuals were common. There were four official
    checkpoints in the country as well as numerous unofficial checkpoints
    where security forces solicited bribes and impeded movement.
        The constitution prohibits forced exile, and the Government did not
    employ it. Several opposition and human rights workers remained in
    self-imposed exile, claiming they feared arrest. However, many who fled
    in the early 1990s returned, including the current foreign minister.
        According to the UNHCR, approximately 3,000 Togolese refugees
    remained in Benin; the number in Ghana was unknown. They received
    assistance from the UNHCR, which facilitated repatriation for those
    wishing to return to the country and local integration for refugees who
    would not or could not return.

        Protection of Refugees.--The country's laws do not provide for the
    granting of asylum or refugee status, but the Government has
    established a system for providing protection to refugees. In practice
    the Government provided protection against the expulsion or return of
    refugees to countries where their lives or freedom would be threatened
    on account of their race, religion, nationality, membership in a
    particular social group, or political opinion.
        In March and again in April approximately 300 Ghanaian refugees
    fled a violent land dispute in northeast Ghana and crossed the border
    into Togo, according to the UNHCR. Refugees reportedly outnumbered the
    host community, and many of the refugees were living in schools and
    other public buildings or staying in tents provided by the Government.
        The Government facilitated local integration for longstanding
    Ghanaian refugee populations that remained in the country. Most were
    well integrated in host communities and required no humanitarian
    assistance. A voluntary repatriation program for 508 Ghanaian refugees
    remained unimplemented due to lack of resources.
        The Government continued to provide temporary protection to
    approximately 521 individuals who may not qualify as refugees under the
    1951 Convention relating to the Status of Refugees 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 the March 4
    presidential election.

        Elections and Political Participation.--On March 4, president and
    ruling RPT candidate Faure Gnassingbe was reelected with 61 percent of
    votes cast. The Constitutional Court rejected opposition claims of
    fraud and vote buying, citing lack of evidence. International and
    national observers monitoring the election declared it generally free,
    fair, transparent, and peaceful. Unlike the 2005 presidential election,
    which resulted in approximately 400 deaths and the flight from the
    country of an estimated 40,000 persons, the March election occurred
    with minimal violence.
        Political parties are required to provide 48-hour advance
    notification to the Government for any public activity. They are also
    subject to restrictions in calling for demonstrations or strikes, which
    may be monitored by security forces.
        The Government arrested opposition members during the year and
    banned political demonstrations (see section 1.e.).
        The UFC, the largest opposition party, split into two factions
    following the March election, one led by presidential runner-up Jean
    Pierre Fabre and the other led by UFC president Gilchrist Olympio, who
    agreed to join the ruling RPT. As a result of a May 26 accord between
    Olympio and the Government, President Faure named seven UFC ministers
    to his cabinet. Competing UFC party congresses on August 10 and 12
    formally ratified the split by excluding rival leaders from party
    leadership. Noting the split, the Government banned UFC weekly marches,
    justifying the action on the grounds that Fabre was no longer the legal
    head or voice of the UFC.
        The Government remained highly centralized. The national government
    appointed officials and controlled the budgets of government entities
    at all levels, including prefectures and municipalities, and influenced
    the selection of traditional chiefs.
        There were nine female members of the national assembly and seven
    female ministers in the 32-member cabinet.
        Members of the southern ethnic groups remained underrepresented in
    both the Government and military.
    Section 4. Official Corruption and Government 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.
    According to the World Bank's Worldwide Governance Indicators for 2009,
    government corruption was a severe problem.
        Corruption was common among prison officials, police officers, and
    members of the judiciary.
        In July the customs office created a disciplinary committee to
    investigate corrupt officers; however, the committee had not started
    operating by year's end.
        An independent court with an autonomous budget to oversee public
    expenditures was established in September 2009; the court began
    operations in July.
        Officials were not subject to financial disclosure laws.
        Although the press code provides for public access to government
    information, the Government in the past did not permit access for
    either citizens or noncitizens, including foreign media; however, the
    Government provided some information during the year, including
    postings on Web sites.
    Section 5. Governmental Attitude Regarding International and
            Nongovernmental Investigation of Alleged Violations of Human
            Rights
        A variety of domestic and international human rights groups
    generally operated without government restriction, investigating and
    publishing their findings on human rights cases. Government officials
    sometimes cooperated, but typically were not responsive to NGO
    recommendations.
        There were several domestic human rights groups, including the
    Togolese League of Human Rights, the Center for Observation and
    Promotion of the Rule of Law, and the Togolese Association for the
    Defense and Protection of Human Rights.
        The Government generally cooperated with international governmental
    organizations and permitted visits by UN representatives or other
    organizations such as the ICRC (see section 1.c.).
        A permanent human rights committee exists within the national
    assembly, but it did not play any significant role in policymaking or
    exercise independent judgment.
    Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
        The constitution and law prohibit discrimination based on race,
    gender, religion, disability, language, or social status; however, the
    Government did not enforce these provisions effectively.

        Women.--The law criminalizes rape and provides for prison terms of
    five to 10 years for those convicted. The prison term is 20 years if
    the victim is a child under 14, is gang-raped, or if the rape results
    in pregnancy, disease, or incapacitation lasting more than six weeks.
    The law does not specifically outlaw spousal rape. Although the
    Government was diligent in investigating reports of rape and
    prosecuting suspects, victims were reluctant to report rape due to the
    social stigma associated with being raped and fear of reprisal. Rape
    was thought to be a widespread problem throughout the country. During
    the year 22 persons were arrested for rape. At year's end all were in
    prison awaiting trial, awaiting convictions to be formalized, or
    serving sentences.
        The law does not specifically prohibit domestic violence, and
    domestic violence against women continued to be a widespread problem.
    Police generally did not intervene in abusive situations, and women
    were not aware of the formal judicial mechanisms designed to protect
    them. Although there were no official efforts to combat domestic
    violence, several NGOs were active in educating women on their rights.
        A 1984 presidential decree prohibits sexual harassment and
    specifically mentions harassment of female students; however,
    authorities did not enforce the decree, and sexual harassment was a
    problem throughout the society. While the law states that harassment is
    illegal and can be taken to court, no specific punishment is
    prescribed.
        The Government recognized the right of couples and individuals to
    decide freely and responsibly the number, spacing, and timing of their
    children. Health clinics and local NGOs were permitted to operate
    freely in disseminating information on family planning under the
    guidance of the Ministry of Health. There were no restrictions on the
    right to access contraceptives, but only about 11 percent of
    inhabitants in urban areas used them. The Government did not provide
    free childbirth services, and the lack of sufficient doctors meant most
    women only used midwives for childbirth as well as for prenatal and
    postnatal care, unless the mother or child suffered serious health
    complications. Maternal mortality was 510 deaths per 100,000 live
    births. Only heterosexual men and women received equal access to
    diagnosis and treatment for sexually transmitted infections, including
    HIV, but women were more likely than men to seek treatment and refer
    their partners.
        Although the law declares women equal under the law, women
    continued to experience discrimination in education, pension benefits,
    and inheritance. This was a consequence of traditional law, which
    applied to the vast majority of women. A husband legally can restrict
    his wife's freedom to work or control her earnings. In urban areas
    women and girls dominated market activities and commerce; however,
    harsh economic conditions in rural areas, where most of the population
    lived, left women with little time for activities other than domestic
    tasks and agricultural fieldwork. The labor code requires equal pay for
    equal work, regardless of gender, but this provision generally was
    observed only in the formal sector. There are no restrictions on women
    owning property. Under traditional law a wife has no maintenance or
    child support rights in the event of divorce or separation and no
    inheritance rights upon the death of her husband. Otherwise, women can
    own property with no special restrictions. Polygyny was practiced.
    Women did not experience economic discrimination in access to
    employment, credit, or managing a business.
        The Ministry of Social Action and National Solidarity, along with
    independent women's groups and concerned NGOs, campaigned to inform
    women of their rights. In September President Faure launched a campaign
    to improve women's health and reduce infant mortality; the president
    also pledged financial support to the effort.

        Children.--Citizenship is derived either from birth within the
    country's borders or from the father's citizenship. If the father does
    not have a nationality or it is unknown, the mother's citizenship
    transfers to the child.
        School attendance is compulsory for both boys and girls until the
    age of 15, and the Government provides tuition-free public education
    from nursery through primary school; however, parents were required to
    pay for books, supplies, uniforms, and other expenses. According to the
    UN Children's Fund (UNICEF), although 92 percent of boys and 85 percent
    of girls started primary school, only an estimated 58 percent of boys
    and 41 percent of girls finished. For secondary school, the net
    enrollment was 34 percent for boys and 12 percent for girls, but only
    19 percent of boys and 9 percent of girls completed secondary school.
        Child abuse was a widespread problem. Although the law explicitly
    prohibits sexual exploitation of children and child prostitution, the
    law was not effectively enforced. There was no statutory rape law. The
    Government continued to work with local NGOs on public awareness
    campaigns to prevent exploitation of children.
        The law prohibits FGM, which was perpetrated on approximately 6
    percent of girls, according to UNICEF. It was believed the practice had
    decreased significantly in urban areas since the 1998 anti-FGM law was
    passed. The most common form of FGM was excision, which was usually
    performed on girls a few months after birth. Most of the larger ethnic
    groups did not practice FGM. Penalties for practitioners of FGM ranged
    from two months to five years in prison as well as substantial fines.
    However, the law rarely was applied because most FGM cases occurred in
    rural areas where awareness of rights was limited. Traditional customs
    often took precedence over the legal system among certain ethnic
    groups. The Government continued to sponsor educational seminars
    against FGM. Several NGOs, with international assistance, organized
    campaigns to educate women of their rights and on how to care for
    victims of FGM. NGOs also worked to create alternative labor
    opportunities for former practitioners.
        According to several international organizations, child marriage,
    especially in the north and among Muslims, existed on a small scale.
    Cases were often not reported as parents freely gave their children in
    marriage.
        A private radio station, Radio Zephir, sponsored by the
    international NGO Plan International and partially subsidized by the
    Government, broadcast a weekly program for children titled ``Children
    Also Have Rights.''
        In January 2009 the Government established a toll-free line for
    persons to report cases of child abuse and to seek help. The line
    provides free information on the rights of the child and legal
    procedures. The Government also established school curriculum to
    educate children on human rights and, working with UNICEF, trained
    teachers on children's rights.
        In 2007 the Government implemented the country's first child code,
    which provides for the protection of children's economic,
    psychological, and moral rights and includes national and international
    standards intended to protect children. The code prohibits child
    trafficking, child prostitution, child pornography, the employment of
    children in armed conflict and other worst forms of child labor,
    including the selling of children for sexual exploitation, forced
    labor, or servitude. Government efforts to implement the code resulted
    in the release in 2009 of hundreds of children from service as
    assistants to traditional healers. A 2009 ILO program continued to
    raise awareness of and rescue children from enforced labor.
        Orphans and other needy children received some aid from extended
    families or private organizations but little from the Government. There
    were social programs to provide free health care for poor children.
        The country is not a party to the 1980 Hague Convention on the
    Civil Aspects of International Child Abduction. For information on
    international parental child abduction, please see the Department of
    State's annual report on compliance at http://travel.state.gov/
    abduction/resources/congressreport/congressreport--4308.html.

        Anti-Semitism.--The Jewish community was very small, and there were
    no reports of anti-Semitic acts.

        Trafficking in Persons.--For information on trafficking in persons,
    please see the Department of State's annual Trafficking in Persons
    Report at www.state.gov/g/tip.

        Persons With Disabilities.--The law prohibits discrimination
    against persons with physical, mental, and sensory disabilities in
    employment, education, access to health care, or in the provision of
    other state services, but the Government did not effectively enforce
    these provisions. There was no overt government discrimination against
    persons with disabilities, and such persons held government positions,
    but societal discrimination against persons with disabilities was a
    problem. The Government does not mandate accessibility to public or
    private facilities for persons with disabilities, although some public
    buildings had ramps. While the law nominally obliges the Government to
    aid persons with disabilities and shelter them from social injustice,
    the Government provided only limited assistance.
        The Agency for Handicapped Persons, under the Ministry of Social
    Action and National Solidarity, is responsible for protecting the
    rights of persons with disabilities. During the year the ministry held
    awareness campaigns against discrimination and to promote equality. It
    distributed food and clothing and provided some skills training to
    persons with disabilities.

        National/Racial/Ethnic Minorities.--The relative dominance in
    private sector commerce and professions of members of southern ethnic
    groups, and the relative prevalence in the public sector, particularly
    in the security forces, of members of the former and current
    presidents' Kabye and other northern groups were sources of political
    tension. Political parties tended to have readily identifiable ethnic
    and regional bases. The RPT party was more represented among northern
    ethnic groups than among southern groups; the reverse was true of the
    UFC and CAR opposition parties.

        Societal Abuses, Discrimination, and Acts of Violence Based on
    Sexual Orientation and Gender Identity.--The law provides that a person
    who engages in a homosexual act may be punished by one to three years'
    imprisonment and fined 100,000 to 500,000 CFA francs ($208 to $1,041).
    Eight persons were arrested for ``indecent assault'' and were in prison
    awaiting trial at year's end.
        There was societal discrimination based on sexual orientation.

        Other Societal Violence or Discrimination.--A 2005 law prohibits
    discrimination against persons infected with HIV/AIDS, and the
    Government sponsored broadcasts aimed at dissuading discrimination.
    However, persons infected with HIV/AIDS continued to face significant
    societal discrimination.
    Section 7. Worker Rights

        a. The Right of Association.--The constitution and law provide
    workers, except security forces (including firefighters and police),
    with the right to form and join unions, and they exercised this right
    in practice. Approximately 60 to 70 percent of formal sector workers
    were union members or supporters.
        The constitution and law provide most workers with the right to
    strike, including government health workers; however, striking health
    care workers may be ordered back to work as necessary for the personal
    security and wellbeing of the population. The 2006 labor code prohibits
    retribution against strikers by employers. In December 2009 culinary
    employees at the Sarakawa Hotel went on a 48-hour strike to demand
    year-end bonuses. The strike ended when management agreed to their
    demands.

        b. The Right to Organize and Bargain Collectively.--The
    constitution and the labor code nominally provide workers the right to
    organize and bargain collectively; however, the Government limited
    collective bargaining to producing a single nationwide agreement to be
    negotiated and endorsed by representatives of the Government, labor
    unions, and employers. All formal sector employees were covered by the
    collective bargaining agreement that set nationwide wage standards for
    all formal sector workers. The Government participated in this process
    both as a labor-management mediator and as the largest employer in the
    formal sector, managing numerous state-owned firms that monopolized
    many sectors of the formal economy. Individual groups in the formal
    sector could attempt to negotiate agreements more favorable to labor
    through sector-specific or firm-specific collective bargaining, but
    this option was rarely used.
        The Ministry of Labor, Employment, and Social Security failed to
    enforce the prohibition against antiunion discrimination.
        The law provides exemptions from some provisions of the labor code,
    notably the regulations on hiring and firing for companies in the
    export processing zones (EPZs). Employees of EPZ firms did not enjoy
    the same protection against antiunion discrimination as did other
    workers. Unions generally did not have free access to EPZs or the
    freedom to organize workers there; however, in late 2009 the Government
    allowed the creation of two unions representing workers from various
    EPZ companies.

        c. Prohibition of Forced or Compulsory Labor.--The labor code
    prohibits forced or compulsory labor, including by children; however,
    such practices occurred. Children sometimes were subjected to forced
    labor, primarily as domestic servants, porters, and roadside sellers.
    Children were also forced to perform agricultural work and beg. Women
    were trafficked for prostitution or forced labor as domestic servants.
        Also see the Department of State's annual Trafficking in Persons
    Report at www.state.gov/g/tip.

        d. Prohibition of Child Labor and Minimum Age for Employment.--The
    labor code prohibits the employment of children under the age of 15 in
    any enterprise, the employment of children under age 18 from working at
    night, and requires a daily rest period of at least 12 hours for all
    working children. However, the Government did not effectively enforce
    child labor laws, and child labor was a problem. Some children started
    work at age five and typically did not attend school for most of the
    school year.
        Children worked in both rural and urban areas, particularly in
    family-based farming and small-scale trading, and as porters and
    domestic servants, considered one of the worst forms of child labor. In
    some cases children worked in factories. In agricultural sectors,
    children assisted their parents with the harvesting of cotton, cocoa,
    and coffee. Children were involved in the production of foodstuffs,
    such as beans and corn, for consumption by the family.
        The most dangerous activity involving child labor was in the
    quarries, where children assisted their parents in crushing rock by
    hand and carrying buckets of gravel on their heads. Such labor was not
    sanctioned by the Government and occurred only in small, privately-
    owned quarries. Reputable local NGOs reported that while quarry work
    was strictly a weekend and holiday activity for most children, others
    dropped out of school to work full time in the quarries.
        For some types of industrial and technical employment, the minimum
    age is 18. Inspectors from the Ministry of Labor, Employment, and
    Social Security enforced these age requirements, but only in the formal
    sector in urban areas. In both urban and rural areas, particularly in
    farming and small scale trading, very young children traditionally
    assisted their families. In rural areas, parents sometimes placed young
    children into domestic work in other households in exchange for one-
    time fees as low as 12,500 to 17,500 CFA francs ($26 to $36).
        Children were trafficked into indentured and exploitative
    servitude, which amounted to slavery.
        The Ministry of Social Action and National Solidarity was
    responsible for enforcing the prohibition against the worst forms of
    child labor. In 2007 the National Assembly adopted the child code that
    prohibits the employment of children in the worst forms of child labor,
    including trafficking, prostitution, pornography, and the use of
    children in armed conflict. Due to limited resources, the enforcement
    of child labor laws was weak. The ministry funded a center for
    abandoned children and worked with NGOs to combat child trafficking.
    The ministry frequently held workshops in collaboration with UNICEF,
    the ILO, NGOs, labor unions, and other partners to raise awareness of
    child labor in general and forced labor in particular.
        For information on child trafficking, also see the Department of
    State's annual Trafficking in Persons Report at www.state.gov/g/tip.

        e. Acceptable Conditions of Work.--The Government sets minimum
    wages for different labor categories, ranging from unskilled through
    professional positions. There was no minimum wage for workers in the
    informal sector. In practice employers often paid less than the
    official minimum wage, mostly to unskilled workers. In August 2008 the
    Government raised the official monthly minimum wage from 10,000 to
    16,000 CFA francs ($20 to $33) to 28,000 CFA francs ($58). However, the
    new wage did not provide a decent standard of living for a worker and
    family. Many workers supplemented their incomes through second jobs or
    subsistence farming. The Ministry of Labor, Employment, and Social
    Security is responsible for enforcement of the minimum wage system,
    especially in the private sectors, but it did not enforce the law in
    practice.
        Working hours of all employees in any enterprise, except for the
    agricultural sector, normally are not to exceed 40 hours per week; at
    least one 24-hour rest period per week is compulsory, and workers are
    expected to receive 30 days of paid leave each year. Working hours for
    employees in the agricultural sector are not to exceed 2,400 hours per
    year (46 hours per week). The law requires overtime compensation, and
    there are restrictions on excessive overtime work; however, the
    Ministry of Labor, Employment, and Social Security's enforcement was
    weak, and employers often ignored these provisions.
        A technical consulting committee in the Ministry of Labor,
    Employment, and Social Security sets workplace health and safety
    standards. It may levy penalties on employers who do not meet the
    standards, and employees have the right to complain to labor inspectors
    of unhealthy or unsafe conditions without penalty. In practice the
    ministry's enforcement of the various provisions of the labor code was
    limited. Large enterprises are obliged by law to provide medical
    services for their employees and usually attempted to respect
    occupational health and safety rules, but smaller firms often did not.
    Although workers have the legal right to remove themselves from unsafe
    conditions without fear of losing their jobs, in practice some could
    not do so. Labor laws also provide protection for legal foreign
    workers.

                                   __________

                                     UGANDA

        Uganda, with a population of 32 million, is a constitutional
    republic led by President Yoweri Museveni of the ruling National
    Resistance Movement (NRM) party. The 2006 presidential and
    parliamentary elections were marred by serious irregularities. An
    influx of arms continued to fuel violence in the Karamoja region,
    resulting in deaths and injuries. The Lord's Resistance Army (LRA),
    which relocated to the Democratic Republic of the Congo (DRC) in 2005,
    continued to hold children forcibly abducted from the country. The
    Governments of Uganda, Southern Sudan, and the DRC continued military
    actions against the LRA in the DRC, Southern Sudan, and the Central
    African Republic (CAR). There were instances in which elements of the
    security forces acted independently of civilian control.
        Serious human rights problems in the country included arbitrary
    killings; vigilante killings; mob and ethnic violence; torture and
    abuse of suspects and detainees; harsh prison conditions; official
    impunity; arbitrary and politically motivated arrest and detention;
    incommunicado and lengthy pretrial detention; restrictions on the right
    to a fair trial and on freedoms of speech, press, assembly, and
    association; restrictions on opposition parties; electoral
    irregularities; official corruption; violence and discrimination
    against women and children, including female genital mutilation (FGM),
    sexual abuse of children, and the ritual killing of children;
    trafficking in persons; violence and discrimination against persons
    with disabilities and homosexual persons; restrictions on labor rights;
    and forced labor, including 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 politically
    motivated killings; however, security forces killed demonstrators,
    suspects, detainees, and other citizens. Some deaths occurred as a
    result of torture.
        Security forces killed suspects while in custody or during
    questioning.
        For example, on March 23, police in Hoima District arrested Ibrahim
    Massa, officer in charge of Songa Police Post in Kyangwali subcounty,
    together with junior officers David Barongo and Samuel Turinawe, for
    beating to death suspect Gilbert Mukonyezi. Following a police
    investigation Massa was released, while Barongo and Turinawe were
    charged with manslaughter and released on bail pending hearing of their
    case.
        On May 17, police in Kampala arrested Rapid Response Unit (RRU)
    police officers Disinga Abangu, David Mulwanira, and Alex Muhiirwe for
    killing suspect Henry Bakasamba during questioning. Bakasamba died in
    police custody at the Kireka Detention Center on May 14. Police
    reported that investigations into the case were ongoing at year's end.
        On August 20, police in Gulu District arrested police officers Joe
    Okello, Steven Otim Mulema, and Collin Ayella for the death of Calvin
    Ocwee, who was arrested and allegedly tortured to death for stealing a
    motorcycle. A court charged the officers with murder and remanded them
    to prison pending trial.
        Security forces' use of excessive force, including the use of live
    ammunition, to carry out law enforcement operations or disperse
    demonstrators resulted in deaths.
        For example, on March 17, members of President Museveni's advance
    team fired into a crowd gathered at the Buganda Kingdom's Kasubi Tombs,
    after a fire destroyed the tombs on March 16. Cornelius Kayanja, Haruna
    Kakumba, and an unidentified person were killed, and five others
    injured. On December 2, a government commission began investigating the
    incident, but no action was taken by year's end.
        On April 2, two special police constables (SPCs) in Kisoro beat to
    death Evaristo Mihigo for allegedly resisting arrest. On April 7, a
    court in Kisoro charged the officers with murder and remanded them to
    prison. On July 9, the court dismissed the case due to lack of
    evidence.
        On September 12, police in Bugiri fired live bullets to disperse a
    crowd during the NRM party primary elections. One person was killed.
    There were no reports of an investigation or disciplinary action.
        On September 7, police in Hoima used live ammunition to break up a
    strike at the British America Tobacco (BAT) Uganda. Dennis Bazara and
    Benard Byabasaija were killed, and several others wounded. Authorities
    arrested police officers Augustine Kasangaki, Luke Mbusa, and Romeo
    Ojara for excessive use of force. On September 15, the Hoima Police
    Disciplinary Court charged Kasangaki, Mbusa, and Ojara with
    manslaughter and remanded them to prison (see section 7 b.).
        Excessive force and the indiscriminate use of live ammunition by
    security forces and the Uganda People's Defense Forces (UPDF) resulted
    in deaths during cattle recovery and disarmament operations in the
    Karamoja Region in the east.
        For example, 13 Karamojong citizens, including six children, one
    woman and two elderly persons, died during a January 4-7 UPDF operation
    to recover rustled cattle in Kotido District. Witness statements
    alleged that a helicopter gunship fired indiscriminately into livestock
    and persons. During this operation the UPDF arrested 32 persons, some
    of whom were allegedly tortured or mistreated while in detention.
        At least five Karamojong citizens died during a January 22 UPDF
    cattle recovery operation in Rengen subcounty of Kotido District.
    Eyewitnesses reported that individuals killed were not armed and
    included children. The UPDF reported that five alleged rustlers were
    killed and one UPDF soldier wounded in the engagement.
        At least 10 persons were killed in an April 24 cattle recovery and
    disarmament operation in Lokitela'Angilam town in Rengen subcounty,
    Kotido District. According to a joint UN Office of the High
    Commissioner for Human Rights (OHCHR) and the Uganda Human Rights
    Commission (UHRC) statement, the dead included six children and two
    elderly men. During the operation, the UPDF allegedly fired small arms
    and rocket propelled grenades indiscriminately. An internal UPDF
    investigation of the incident reported that UPDF soldiers were
    responding to an attack by 30-40 armed assailants.
        In August the UPDF killed 29 Jie cattle rustlers in Nadunget,
    Moroto District. UPDF's third division commander Brigadier Patrick
    Kankiriho confirmed the incident, saying the rustlers refused to
    surrender.
        There were developments in some 2009 cases involving deaths caused
    by government security forces.
        In January 2009 security agents in Bukedea District reportedly
    tortured to death David Okwi, a member of the opposition party Forum
    for Democratic Change (FDC). In February 2009, the FDC petitioned the
    Uganda Human Rights Commission (UHRC) to investigate Okwi's death. In
    November 2010, the UHRC concluded its investigation, and the case was
    pending a hearing before the UHRC tribunal at year's end.
        At year's end investigations continued in the following 2009 cases:
    the February killing of William Byamugisha and Daniel Tumwine, the
    February killing of Mucunguzi Katongole, the February beating and
    subsequent death of prison inmate Emmanuel Tindimwebwa, the March
    shooting deaths of Joseph Denaya and Cosmas Data, and the August death
    of Ali Katende while in police custody.
        The Government took no action to investigate security force
    handling of the September 2009 riots in Kampala that resulted in at
    least 40 deaths. On September 8, the High Court denied an appeal for
    bail by 23 individuals who were arrested during the riots and charged
    with the capital offence of terrorism. In January civilian Abdallah
    Byabasaija petitioned the High Court to compel the inspector general of
    police (IGP) and the Government to compensate him for the death of his
    wife, who was killed during the riots. The petition remained pending.
        In June police in Arua District arrested Mobile Police Protection
    Unit officer Ben Kiwanuka Drici, Charles Obuci, Celestine Mutahingwa,
    and Patrick Okiror for allegedly torturing to death suspect Taban
    Ramadan in December 2009. An investigation into the case was pending at
    year's end.
        Government security forces were punished for killings committed in
    2008 and previous years. In January a court in Kabale District
    sentenced police officers Difasi Buko and Michael Karuhize to 14 years'
    imprisonment for the 2008 killing of Dalas Innocent Mutekanga. On July
    6, a court in Kabarole District sentenced SPC Christopher Bahemuka to
    nine years' imprisonment for the 2007 killing of Godfrey Bitamazire. In
    January the UPDF's fifth division court martial sentenced to death UPDF
    private Africano Abono Lino for the 2006 killing of seven civilians in
    the Laguti Internally Displaced (IDP) camp. On April 13, a court in
    Kabarole District sentenced former UPDF officer Moses Musinguzi to 16
    years imprisonment for the 2006 killing of Erasmus Kalyega. On
    September 27, the High Court in Gulu sentenced UPDF soldiers Michael
    Onek Oloya and Francis Oryem each to 45 years in prison for the 2003
    killing of Bicentina Lakot.
        Unlike in previous years, there were no reports that members of
    Local Defense Units (LDUs) were responsible for killings; however,
    there were developments in several cases from previous years. On
    February 5, the High Court in Lira District sentenced Peter Onini,
    Geoffrey Engur, Alex Okaka, Ronald Adupa, and Moses Oyuku, former
    members of the Amuka militia, to 25 years' imprisonment for the 2006
    murder of David Odong at the Otwal Internally Displaced Persons (IDP)
    camp. In November police submitted the file of LDU member Moses
    Kabagambe to the state attorney for committal in the High Court for
    allegedly killing Lauren Arinaitwe in 2009 in Kabarole District.
        One terrorist attack occurred during the year. On July 11, an
    attack by the Somali terrorist group al-Shabaab killed 76 persons in
    Kampala. Al-Shabaab bombs killed individuals assembled to watch the
    World Cup finals at an Ethiopian restaurant and a rugby club. The
    Government arrested several dozen individuals in connection with the
    bombings including, on September 15, Kenyan human rights activist al-
    Amin Kimathi and Kenyan attorney Mbuga Mureithi. On September 18,
    authorities released Mureithi without charge and deported him back to
    Kenya. On December 1, authorities charged 17 persons, including
    Kimathi, with terrorism, murder and attempted murder in relation to the
    bombings and released 18 others. Hearing of the cases was pending at
    year's end.
        As in previous years, ritual killings of children and adults
    resulted in deaths. The 2009 Police Annual Crime Report recorded a
    total of 29 suspected ritual killings (see section 6).
        Mob attacks against criminal suspects resulted in deaths during the
    year. The 2009 Police Annual Crime Report recorded a total of 332 mob
    action cases, many of which resulted in deaths. Witnesses rarely
    cooperated with police, making investigation of such incidents
    difficult.
        For example, on February 22, a mob in Obopi village, Arua District,
    beat to death a suspected witch doctor who was accused of killing two
    persons from the same village.
        In May a mob in Bugobi Trading Center in Namutamba District beat to
    death three suspected robbers for allegedly breaking into a shop.
        The trial of 11 suspects implicated in the beating death of
    landlord Sam Kubo in 2009 was pending.
        There were reports of increased cattle raids and societal violence
    in the Karamoja Region. According to the UPDF and human rights groups,
    cattle raids and the UPDF's forced disarmament campaign resulted in the
    deaths of at least 90 civilians and 32 UPDF soldiers during the year.
        As in the past five years, there were no reports of LRA attacks
    within the country; however, the LRA killed numerous persons in the
    DRC, CAR, and Sudan.

        b. Disappearance.--There were no reports of politically motivated
    abductions or kidnappings, but there were developments in past
    disappearance cases.
        In February the High Court ordered the Ministry of Internal Affairs
    to conduct an inquiry into the disappearance and presumed death of
    Lutaya Saidi, a street vendor allegedly arrested by the Joint Anti-
    terrorism Task Force (JATT) in 2007. The Ministry of Internal Affairs
    failed to conduct the inquiry within the prescribed 90 days, and there
    were no further developments.
        The whereabouts of at least six individuals identified in Human
    Rights Watch's April 2009 ``Open Secret'' report remained unknown.
    These individuals were allegedly arrested in 2008 and detained in the
    Kololo Detention Facility (see section 1.d.).
        As in the past five years, there were no reports of LRA abductions
    in Uganda; however, the LRA abducted many persons in the DRC, CAR, and
    Sudan.

        c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
    Punishment.--The constitution and law prohibit such practices; however,
    there were credible reports that security forces tortured and beat
    suspects, some of whom died as a result (see section 1.a.).
        The UHRC, the Foundation for Human Rights Initiative (FHRI), the
    African Center for Treatment and Rehabilitation of Torture Victims
    (ACTV), and other human rights organizations reported incidents of
    torture by security forces, including caning, severe beating, squeezing
    of private parts, stabbing, kicking, tying of limbs in contorted
    positions, forced marching, and rape. From January to April the ACTV
    registered 29 allegations of torture against the police, 19 against the
    UPDF, three against military police, six against the Violent Crime
    Crack Unit or Rapid Response Unit (RRU), 20 against unspecified
    security personnel, and 59 against prison officials. In September the
    Government approved payment of over one billion shillings ($431,592)
    owed to victims of torture and other abuses; however, the Government
    still owed victims 1.9 billion shillings ($820,025) at year's end.
        In its 2009 annual report released in October 2010, the UHRC
    reported registering 785 human rights complaints against 858
    individuals, including 106 UPDF members, 285 police officers, 86 other
    security agencies, 29 prison warders, and 343 private citizens. Of the
    785 complaints, 31 percent involved allegations of torture or cruel,
    inhuman, or degrading treatment and punishment.
        There were numerous reports of torture and abuse in unregistered
    detention facilities operated by the JATT and the Chieftancy of
    Military Intelligence (CMI). Torture victims included political
    activists and detainees.
        FHRI cited two cases of torture in its August report ``Overview of
    the Human Rights Situation in Uganda January-July 2010.'' On May 6, for
    instance, police in Kampala arrested, detained, and allegedly tortured
    Segilinya (full name withheld) for two weeks at Kitebi police post. On
    May 21, a court in Nsanji charged Segilinya with stealing a bicycle and
    remanded him to Kabasanda Prison. On May 15, police in Jinja arrested
    Mayinja (full name withheld) on robbery charges. Mayinja claimed he was
    beaten during three days of RRU detention.
        On April 4, UPDF soldier Lt. Justine Engwau allegedly tortured
    Nelson Okurut and Joseph Ikimyom after arresting them on robbery
    charges in Kasoka village, Bukedea District. The UPDF allegedly denied
    the victims access to medical care, even though they were in critical
    condition. UHRC concluded its investigation into this incident, and the
    matter was pending hearing before the UHRC tribunal at year's end.
        The 2009 torture case filed by Hoima Mayor Francis Atugonza against
    the CMI for alleged illegal detention and torture in a CMI ``safe
    house'' was pending a Constitutional Court ruling at year's end.
        Security force use of excessive force resulted in injuries during
    arrests and law enforcement operations.
        For example, on January 20, SPC Alfred Achikane allegedly shot and
    injured local musician Moses Ssali, his body guard Abbas Kayoyo, and
    Allan Masengere, Godfrey Kayiza, and David Oluka in Kampala. On
    February 9, a court in Kampala charged Achikane with five counts of
    attempted murder. On February 23, he was released on bail, and hearing
    of the case was pending.
        On March 22, SPC Patrick Tumusiime shot and injured civilian Abdul
    Nsubuga during an operation to round up criminals in a Kampala suburb.
    Police arrested Tumusiime and charged him with unlawful wounding.
    Police later released Tumusiime pending an investigation of the
    incident.
        On March 19, police severely beat Forum for Democratic Change (FDC)
    and Inter-Party Cooperation (IPC) women's leader Ingrid Turinawe and
    assaulted other FDC members at the Kabale police station. A police
    investigation accused Turinawe and others of trying to forcibly enter
    the police station and claimed the officers' actions were justified. An
    independent medical report confirmed that Turinawe suffered blows to
    the head and body, and a lawsuit against the police filed by Turinawe
    was pending at year's end.
        Police beat and used pepper spray or mace against 33 female IPC
    supporters on June 14. Four of the women were hospitalized due to blunt
    force injuries and ingestion of a chemical substance. On the same day,
    police charged two of the women, Ida Namukwaya and Eyoru Asala, with
    assault of police officers. Hearing of the assault case began on
    November 14 and was pending at year's end. On July 2, the IPC women
    filed a counter suit in the High Court accusing the police officers of
    assault. This case was pending hearing at year's end.
        In July police arrested more than 60 members of the National
    Alliance for Free and Fair Elections (NAFFE) and the Inter Party
    Cooperation (IPC) for staging nationwide demonstrations against the
    Electoral Commission. Police in Mbale and Bushenyi districts reportedly
    beat protestors. Police confirmed that one officer beat protesters in
    Mbale and said they would investigate the officer's actions. Results of
    this investigation were pending at year's end.
        In December Inspector General of Police General Kale Kayihura
    suspended the Rapid Response Unit's Commander, Nathan Byona, and senior
    police officers Nixon Karuhanga and Julius Kwikirizi over allegations
    of torture, extortion, and mismanagement. There were no reports of
    findings of the investigation at year's end.
        There were no developments in any of the 2009 cases of security
    force use of excessive force during arrests, law enforcement
    operations, or to disperse demonstrators.
        There was no update, for instance, on the March 2009 case in which
    UPDF Major Otim Demoi Latek allegedly tied up and seriously beat
    residents David Obonyo and Walter Okeny over a land dispute in Gulu.
        Court proceeding into Corporal Swaleh Swaib and SPC Henry Mukasa's
    alleged beating of four persons in July 2009 remained ongoing. One of
    the four individuals died of his injuries.
        The UHRC received complaints from individuals who sustained
    injuries during the September 2009 riots (see sections 1.a. and 1.d.).
    For example, a petition filed by Ssemukala Ismail alleged that security
    force members shot him while he was closing his shop in Nateete,
    disabling his left arm. Investigations into the incident were pending
    at year's end.
        There were no developments in the 2008 shooting of Masaba Bakari in
    Muzulu village, Namutamba District, by SPC Eric Kiirya for defying
    traffic police directives to stop.
        In May the Uganda Law Society sued the attorney general for the
    Director of Public Prosecution's (DPP) failure to prosecute Assistant
    Prisons Superintendent Sam Edoru and senior police officer Ivan
    Nkwasibwe for allegedly assaulting members of the society during the
    paramilitary takeover of the High Court in 2007. The Government
    paramilitary group known as the ``Black Mambas'' forcibly occupied the
    court to prevent FDC leader Kizza Besigye from being released on bail.
    A hearing of the suit was pending.
        As in previous years, mobs attacked persons suspected of stealing,
    ritual sacrifice, witchcraft, and other crimes, resulting in deaths and
    injuries. Motivated in part by lack of confidence in law enforcement
    and the judicial system, mobs beat, lynched, burned, and otherwise
    brutalized their victims (see section 1.a.).
        The Government continued to prosecute citizens for their alleged
    involvement in the 2009 September riots. The 2009 Police Annual Crime
    Report recorded 210 offenses against public order during the September
    riots. Of these, 112 cases were prosecuted, with 20 convictions and one
    acquittal. 91 cases remain pending.

        Prison and Detention Center Conditions.--Prison conditions remained
    poor and, in some cases, life threatening. There were reports that
    security forces tortured inmates, particularly in military facilities
    and unregistered detention centers. Abusive forced labor in prisons
    countrywide remained a problem.
        Prison conditions came closest to meeting international standards
    in Kampala, where medical care, running water, and sanitation were
    provided; however, these prisons were among the most overcrowded.
    Serious problems in prisons outside Kampala included long remand
    periods, overcrowding, inadequate staff, and lack of food, water,
    medical care, and bedding.
        The Uganda Prisons Service reported there were 30,312 prisoners in
    the prison system at the end of August, approximately three times
    capacity. Severe overcrowding was also a problem at juvenile detention
    facilities and in female wings of prisons. The Kampala Remand Home,
    designed for 45 children, held 110. The Naguru reception center,
    designed for 30 prisoners, held 150 juveniles. The Prisons Service
    recorded 103 prisoner deaths nationwide from torture, overcrowding,
    malnutrition, poor sanitation, disease, overwork, and lack of medical
    care.
        Information was unavailable on conditions in unregistered
    facilities, although authorities allowed the UHRC and some
    international NGOs access to selected unregistered facilities.
        Prison authorities reported that the three suspects who allegedly
    strangled to death prisoners Geoffrey Akandwanaho, Fred Mugisha, and
    Ephraim Nankunda in 2008 were released on court bond in March 2009, and
    their trial hearing was pending at year's end.
        Female prisoners in central prisons were held in separate
    facilities; however, services and facilities for female prisoners in
    local prisons, including separate cells, were lacking in some areas.
    The Prisons Service had no budget for accommodating pregnant women or
    mothers with infants; the number of infants in women's prisons
    increased during the year. Due to lack of space in juvenile facilities,
    minors were held in prisons with adults. Pretrial detainees in Kampala
    prisons were separated from convicted prisoners, but pretrial detainees
    and convicted prisoners in the rest of the country were sometimes held
    together. Local NGOs reported that prisoners and detainees had
    reasonable access to visitors and were allowed to submit complaints.
    Prison authorities acknowledged a backlog in the investigation of
    complaints. Authorities allowed international NGOs, foreign diplomats,
    and local NGOs, principally the FHRI and the Uganda Prisoners' Aid
    Foundation, to conduct prison visits during the year but required
    advance notification.

        d. Arbitrary Arrest or Detention.--The constitution and law
    prohibit such practices; however, members of the security forces
    arrested and detained citizens arbitrarily during the year.

        Role of the Police and Security Apparatus.--The Uganda Police Force
    (UPF), under the Ministry of Internal Affairs, has primary
    responsibility for law enforcement. The UPDF is charged with external
    security but had significant responsibility for preventing violence
    resulting from interclan cattle raids in the Karamoja Region. The
    Internal Security Organization (ISO) and External Security Organization
    (ESO), which are security agencies and intelligence-gathering entities
    under the minister of security, occasionally detained civilians. The
    CMI is legally under UPDF authority, although it often acted as a
    semiautonomous unit in detaining civilians suspected of rebel and
    terrorist activity, as did the ISO and ESO. The Joint Anti-terrorism
    Taskforce (JATT), an interagency paramilitary group under the CMI, has
    no codified mandate but illegally detained civilians suspected of rebel
    and terrorist activity. The JATT is a joint command whose members are
    drawn from the UPDF, police, ISO, and ESO.
        The UPF continued to be constrained by limited resources, including
    low pay and lack of vehicles, equipment, and training. The UPF Human
    Rights Desk investigated complaints of police abuses, including
    mismanagement of case papers, torture and harassment, unlawful arrest
    and detention, abuse of office, irregular or discreditable conduct, and
    corrupt practices. The UPF reported receiving 1,296 allegations of
    human rights violations and unprofessional conduct between January and
    September and stated it took action in response to 330 of these cases.
        The UPDF continued efforts to transfer responsibility for law
    enforcement in the north and in the Karamoja region to the UPF. During
    the year the UPF deployed an estimated 2,000 additional police officers
    to Karamoja.
        In conjunction with the UHRC and international organizations
    including the ICRC and the OHCHR, the UPDF and police continued to
    train officers on internationally recognized human rights standards.
    During the year 224 police officers attended human rights and
    constitutional workshops. The police, UPDF, and Prisons Service also
    used human rights manuals in their training programs.

        Arrest Procedures and Treatment While in Detention.--The law
    requires that judges or prosecutors issue search warrants before
    arrests are made; however, in practice, suspects often were taken into
    custody without warrants. The law requires suspects to be charged
    within 48 hours of arrest, but suspects frequently were held longer.
    Suspects arrested under the Antiterrorism Law must be brought to trial
    or released on bail within 120 days (360 days for a capital offense);
    however, if the case is presented to the court before the expiration of
    this period, there is no limit on pretrial detention. Detainees must be
    informed immediately of the reasons for their detention, although
    authorities did not always do so. The law provides for bail at the
    discretion of the judge, and bail was generally granted with stringent
    conditions. Detainees are required by law to have access to a lawyer;
    however, many went without legal representation. The Government
    provided attorneys for indigent defendants accused of capital offenses.
        The law provides for family visitation, but incommunicado detention
    remained a problem. According to the African Center for Treatment and
    Rehabilitation of Torture Victims (ACTV), the military police held
    three civilians incommunicado in January. In its April 2009 report,
    Human Rights Watch (HRW) noted that ``JATT personnel frequently
    blindfolded, handcuffed, and sometimes beat suspects being taken to the
    Kololo detention facility. Detainees had no access to lawyers or family
    members and only learned of their whereabouts from other detainees or
    by spotting Kampala landmarks visible from the Kololo facility.''
        Mass arrests during police sweeps for criminals remained a problem,
    as did arrests based on alleged sedition, treason, incitement of
    violence, or terrorism.
        Local NGOs received complaints of illegal detention from four
    individuals allegedly detained by the RRU at the Kireka Detention
    Center following the July 11 terrorist bombings in Kampala. Three
    suspects were released without charge. The fourth suspect was still
    detained at year's end.
        On March 25, police and the UPDF arrested 200 persons in Mubende,
    allegedly to curb insecurity stemming from increased local burglary and
    murder rates. Police reported that four persons were charged with
    murder and robbery, while the rest were released without charge.
        On August 30, police in Lwengo District, in the central region,
    arrested more than 30 citizens allegedly hired to incite violence
    during NRM primary elections in Kinoni. Police released the suspects on
    September 1 without charge.
        Persons suspected of sedition, treason, incitement of violence, or
    terrorism were subjected to numerous abuses, such as detention without
    charge, detention in unofficial locations, and mistreatment, including
    torture (see subsections 2.a. and 2.b.).
        The Prisons Service held 16 pretrial treason suspects during the
    year. Fourteen of the suspects were arrested in 2009 for allegedly
    forming the Uganda Patriotic Front rebel group.
        The UHRC received complaints during the year from persons who
    claimed they were arbitrarily arrested. The Government paid
    compensation to some victims of arbitrary arrest during the year, but
    compensation was often slow. There were no developments in the 2008
    petition filed by former UHRC chairperson and current UN Special
    Rapporteur for Human Rights Defenders Margret Sekaggya to establish a
    national fund to pay victims. Past compensation payments were made from
    general government funds administered by the Ministry of Justice and
    Constitutional Affairs.
        Human rights groups continued to express concerns about the
    treatment of individuals arrested by the UPDF in Karamoja in
    conjunction with the UPDF's response to cattle raids and the
    Government's disarmament campaign (see section 1.a.).
        Local and international human rights groups reported the Government
    detained civilians in military facilities and unregistered detention
    facilities known as safe houses, where they often were held
    incommunicado.
        The UHRC reported progress in inspecting military places of
    detention including Kigo, Makindye, and Gulu fourth division military
    barracks. The UHRC reported it can access these military facilities but
    only with advance notification. The UHRC also reported that it was able
    to visit the Kololo safe house and found no evidence of torture or
    abuse, although a formal report was not published.
        There were developments in some cases that occurred in 2009. For
    example, the RRU's director, Commandant Emmanuel Muhairwe, and two
    deputies, Peter Kakonge and Emmanuel Bwembale, who were placed on leave
    in October 2009 following allegations that RRU members illegally
    detained the wife of a government employee at an unknown location for
    more than a week, were reinstated and transferred to a different
    office.
        On September 21, the High Court rejected a bail application
    submitted by a group of 14 prisoners arrested between September 2008
    and May 2009 for allegedly forming a rebel group entitled the Uganda
    Patriotic Front and plotting to overthrow the Government.
        During the year police arbitrarily arrested over 100 opposition and
    civil society demonstrators demanding a new Electoral Commission,
    electoral reforms, and free and fair elections (see section 2.b.).
        Case backlogs in the judicial system contributed to pretrial
    detentions of two to three years but sometimes as long as seven years.
    The Prisons Service reported that more than half of its approximately
    30,000 inmates were pretrial detainees. The UHRC heard several cases
    brought by prisoners challenging the length of their detention.

        Amnesty.--Since 2000, the Government has offered a blanket amnesty
    to former LRA and Allied Democratic Forces rebel combatants to
    encourage defections. On June 14, parliament extended the mandate of
    the Uganda Amnesty Commission for two years. Over 26,000 individuals,
    more than half of whom are former LRA combatants, have benefited from
    amnesty.

        e. Denial of Fair Public Trial.--The constitution and law provide
    for an independent judiciary, and the Government generally respected
    this provision in practice; however, the president has extensive legal
    powers of judicial appointment. The president appoints Supreme Court,
    High Court, and Court of Appeal judges with the approval of parliament.
    The president also nominates, for the approval of parliament, members
    of the Judicial Service Commission, who make recommendations on
    appointments to the judiciary. The judiciary ruled against the
    Government on several high profile cases during the year. Lower courts
    remained understaffed, weak, and inefficient. Judicial corruption was a
    problem (see section 4).
        The military court system often did not assure the right to a fair
    trial. Although the accused has the right to legal counsel, some
    military defense attorneys were untrained. The law establishes a court
    martial appeals process; however, sentences, including the death
    penalty, can only be appealed to the senior UPDF leadership. Under
    circumstances deemed exigent, a field court martial can be convened at
    the scene of a crime. The law does not permit appeal of a conviction
    under a field court martial. The military general court martial can try
    civilians charged with crimes listed under the UPDF Act.

        Trial Procedures.--An inadequate system of judicial administration
    and a lack of resources resulted in a serious backlog of cases and
    limited the right to a fair trial. All nonmilitary trials are public,
    but juries are not used. Defendants have the right to be present and to
    consult with an attorney in a timely manner, but cases may proceed
    without defendants in civil cases. The law requires that the Government
    provide an attorney for indigent defendants accused of capital
    offenses, but there were rarely funds to retain adequate counsel. By
    law defendants may confront or question witnesses against them and
    present witnesses and evidence on their behalf, but this right was not
    respected in practice. In 2008 the Constitutional Court ruled that
    suspected criminals have a right to obtain documentary evidence the
    state intends to use against them before the start of their trial. The
    ruling struck down the practice of ``trial by ambush.'' However, the
    ruling stated that the right of disclosure is not absolute in highly
    sensitive cases. There is a presumption of innocence, and defendants
    have the right of appeal.
        Suspects complained of long remand periods. For example, in
    February three UPDF soldiers facing murder charges--Emmy Namanya, Moses
    Keriri, and Yason Babishanga--protested long detention in civilian
    cells without charge. The soldiers alleged they were arrested in
    Kampala between 2002 and 2004 but by year's end had not been tried. The
    UPDF reported that the suspects were offered and applied for a plea
    bargain that would permit the court martial to deduct pretrial time
    served from their sentences; a hearing of the case was pending.
        In September a total of 12 persons who were convicted of crimes as
    minors but not sentenced sued the attorney general and the minister of
    justice and constitutional affairs over their continued detention. The
    individuals were arrested, charged, and convicted by various courts
    between 1991 and 2001. After conviction their cases were referred to
    the justice minister for sentencing because they were minors at the
    time. Due to the minister's failure to determine a sentence, the
    individuals were detained far beyond the maximum three years stipulated
    in the 1998 Children's Act.
        In September the Ministry of Justice and Constitutional Affairs
    reported that more than 124,000 cases were prosecuted from previous
    years and another 113,850 cases were registered in 2009. Of these,
    100,084 cases were disposed of, while 137,689 were pending at year's
    end.

        Political Prisoners and Detainees.--There were no reports of
    political prisoners during the year; however, over 100 opposition
    politicians, supporters, or journalists critical of the Government were
    detained on politically motivated grounds for short periods.
        On October 12, the Constitutional Court cleared FDC leader Kizza
    Besigye of pending treason, terrorism, murder, and illegal use of
    firearms charges. The court determined that illegal detention, torture,
    and other unconstitutional abuses by security services and the
    Government irrevocably undermined the presumption of innocence and
    right to a fair trial of Besigye and the nine coaccused.
        In March lawyers representing treason convict Bright Gabula Africa
    requested the High Court to declare Africa eligible for amnesty.
    Africa's death sentence for treason was upheld by the Supreme Court in
    1995. He remained imprisoned pending the outcome of his appeal to the
    Presidential Advisory Committee on the Prerogative of Mercy, a largely
    autonomous constitutional body. The High Court had not responded to the
    request by year's end.

        Civil Judicial Procedures and Remedies.--There is an independent
    and impartial judiciary in civil matters. In the case of a human rights
    violation, there is access to the UHRC, which has the powers of a court
    under the constitution. These powers include the authority to order the
    release of detainees, payment of compensation to victims, and other
    legal and administrative remedies, such as mediation. There were
    problems enforcing domestic court orders.

        f. Arbitrary Interference With Privacy, Family, Home, or
    Correspondence.--The constitution and law prohibit such actions, and
    the Government generally respected these prohibitions. However, police
    did not always obtain search warrants, as required by law, to enter
    private homes and offices.
        The Antiterrorism Act authorizes certain law enforcement officials
    to intercept communications to detect and prevent terrorist activities.
    The Government continued to monitor telephone conversations. On August
    5, President Museveni signed into law the Regulation of Interception of
    Communication Bill, which authorizes government security agencies to
    legally tap private conversations as part of wider efforts to combat
    terrorism-related offenses.
        The Government continued to encourage university students and
    government officials to attend NRM political education and military
    science courses known as ``chaka mchaka.'' The Government claimed the
    courses were not compulsory; however, human rights activists reported
    that civil servants and students were pressured to attend.
    Section 2. Respect for Civil Liberties, Including:

        a. Freedom of Speech and Press.--The constitution and law provide
    for freedom of speech and of the press; however, the Government at
    times restricted these rights. The police Media Crimes Unit and
    government officials closely monitored all radio, television, and print
    media, and the Government at times harassed and intimidated
    journalists, who continued to practice self-censorship.
        On May 2, HRW released a report that documents violations of press
    freedoms by the Government and ruling National Resistance Movement
    party officials. The report says the Government ``deploys a wide range
    of tactics to stifle critical reporting, from occasional physical
    violence to threats, harassment, bureaucratic interference, and
    criminal charges.'' The report warns that use of these tactics
    ``threatens to fatally undermine media freedoms necessary for free and
    fair elections.''
        On August 25, the Constitutional Court upheld a petition submitted
    by the Independent's managing editor Andrew Mwenda in 2005 and declared
    the sedition law inconsistent with article 29 (1) of the constitution,
    which provides for freedom of speech. According to local NGOs, 15
    journalists, civil society activists, and political opposition members
    face pending sedition charges.
        Government officials detained and interrogated political leaders
    who made public statements critical of the Government and used libel
    laws and national security as grounds to restrict freedom of speech
    (see section 3). The President's Office reportedly monitored political
    talk shows, and the Government occasionally attempted to block
    participation of opposition members on radio talk shows.
        On March 29, police in Masaka District arrested Democratic Party
    supporter Muhammad Kigongo on allegations he accused President Museveni
    of being responsible for the March 16 fire that destroyed the Buganda
    Kingdom's tomb site at Kasubi. A court in Masaka charged Kigongo with
    sedition and released him on bail on March 31. The case hearing was
    pending at year's end.
        On April 1, police in Kasese District questioned and released on
    police bond FDC supporter Joram Bintamanya for alleging that President
    Museveni was responsible for the 2008 death of former Ministry of
    Defense permanent secretary Noble Mayombo. On April 22, the state
    prosecutor ordered the closure of the case for lack of recorded
    evidence.
        On April 1, police in Kabarole District arrested FDC supporters Tom
    Mboijana and Prosper Businge for statements made on Better FM radio
    accusing President Museveni of being responsible for the killing of
    three civilians at Kasubi Tombs on March 17. Mbojoina and Businge
    recorded statements and were released on police bond. Police
    investigations continued, and hearing of the case was pending at year's
    end.
        On April 16, police in Kasese arrested Messiah FM Radio presenter
    Charles Tumusiime and politicians Joram Kisembo and Isaac Hakiza over
    statements made regarding the Kasubi Tombs fire during a radio talk
    show. The police held the three suspects for eight hours before
    releasing them without charge.
        On May 8, Radio Nile FM radio panelist Titia Kamure allegedly
    accused President Museveni of using ``guerrilla tactics'' in
    redistricting decisions. Arua District police commander (DPC) Willis
    Mutabingwa said Kamure's statements abused the president and summoned
    her to record a statement. Kamure disregarded the summons, and the case
    was pending.
        On September 10, a group of motorcycle taxi drivers beat to death
    freelance journalist Paul Kiggundu after he was seen filming the group
    demolishing the house of another taxi driver in the southwestern part
    of the country. The drivers accused Kiggundu of working for the police.
    On September 21, police arrested five suspects in connection with
    Kiggundu's murder and remanded them to prison. An investigation into
    the case continued at year's end.
        On September 13, unidentified assailants beat and killed Prime
    Radio news presenter Dickson Ssentongo on his way to work in Mukono
    District. Ssentongo was politically active and was running for a
    position in the Democratic Party in the upcoming February 2011
    elections. There were no arrests made in connection to the murder of
    Ssentongo; police said an investigation in the incident continued at
    year's end.
        On November 5, police arrested Radio Hoima FM reporter Frederick
    Makuru Muhamba for allegedly inciting violence by broadcasting
    supposedly false information about the National Resistance Movement
    party's internal primaries. On November 6, police released Muhamba on
    bond, and hearing of the case was pending at year's end.
        On October 5, a Kampala court dismissed the September 2009 sedition
    charge against former Radio One presenter Robert Kalundi Sserumaga in
    light of the August 25 Constitutional Court ruling on the
    unconstitutionality of the sedition law. The hearing of a December 2009
    petition filed by Sserumaga in the High Court to challenge his
    dismissal and that of Radio Sapientia's Geoffrey Ssebagala was pending
    at year's end.
        There were some developments in previous cases of government
    harassment of politicians.
        On January 13, a court in Kampala postponed proceedings against
    Democratic Party (DP) spokesperson Betty Nambooze pending the
    Constitutional Court ruling on sedition. Nambooze was charged with
    sedition in December 2009 for making statements with the intent to
    generate public hatred, contempt, and dissatisfaction with President
    Museveni.
        The hearing of the December 2009 case against Hussein Kyanjo, a
    parliamentarian and member of the opposition Justice Forum party, for
    inciting violence during a December 2009 Buganda Kingdom conference was
    pending, and he remained free on bail at year's end.
        Several opposition politicians were denied access to the media.
        For example, on January 30, Luo FM radio in Pader District refused
    to host FDC President Kizza Besigye. Several other radio stations also
    refused to host Besigye, including Beta FM in Masindi, Radio Hoima, and
    Kapchorwa Trinity Radio. Several radio stations also refused to host
    UPC President Olara Otunnu during his January tour of the western
    region.
        On May 26, Ibrahim Abiriga, Arua resident district commissioner
    (RDC) blacklisted four regular guests of a Nile FM political talk show.
    In a letter, Abiriga ordered Nile FM Radio's management to stop hosting
    politicians Bernard Atiku (FDC), Nelson Cemari (UPC), former ambassador
    Harold Acemah (UPC), and Titia Kamure (UPC). RDC Abiriga claimed that
    some of the politician's statements threatened security. Nile FM
    stopped hosting the politicians.
        On October 8, the Government seized 500 copies of a new book
    critical of President Museveni written by FDC President Besigye's
    sister. On October 11, the Government acknowledged confiscating the
    books for security reasons. The Government released the books on
    October 20.
        There were many privately owned publications and broadcast
    stations, and the independent media were generally active and expressed
    a wide variety of views, although they faced obstacles. Media laws
    require that journalists be licensed and possess a university degree in
    journalism or the equivalent. The law also grants the Media Council the
    power to suspend newspapers. The Daily Monitor, the Independent
    Magazine, and the Weekly Observer continued to publish articles
    critical of the Government despite pending sedition cases against
    members of their staff. The Government owned several daily and weekly
    newspapers.
        Government agents and political leaders affiliated with the ruling
    party assaulted journalists during the year.
        In June 9, police officer Mohammed Mundu assaulted and destroyed
    the camera of Daily Monitor journalist Yusuf Muziransa for taking
    pictures of a vigilante group known as the Kiboko Squad beating
    opposition supporters in Kampala. On June 24, a court in Kampala
    charged Mundu with assault and malicious damage to property and
    remanded him to prison. On June 25, the court released Mundu on bail,
    and hearing of the case was pending at year's end.
        On September 6, Hassan Basajjabalaba, chairman of the NRM
    Entrepreneur League, assaulted journalist Arthur Kintu while he took
    pictures at an NRM conference in Kampala. On September 9, a court in
    Kampala issued a criminal summons to Basajjabalaba to appear in court
    over charges of assault; hearing of the case was pending at year's end.
        The Government also arrested and harassed journalists, some of whom
    were charged with criminal libel, sedition, and sectarianism.
        For example, on February 3, authorities charged Daily Monitor
    journalists Henry Ochieng and Angelo Izama with criminal libel for a
    December 2009 article that compared President Museveni to Ferdinand
    Marcos. On May 6, the magistrate's court in Kampala adjourned the case;
    a hearing was pending.
        On March 25, police in Kampala arrested Red Pepper journalists Ben
    Byarugaba, Dalton Kaweesa, and Johnson Taremwa for publishing a story
    titled ``Buganda Katikirro, Ministers Grilled at CID Headquarters for
    Five Hours.'' On March 26, the suspects were charged with sedition and
    released on police bond. On April 2, Inspector General of Police
    General Kale Kayihura ordered the withdrawal of the charges.
        On July 19, security forces in Kampala detained Kingdom FM radio
    journalist Rogers Matovu under unclear circumstances. On July 24,
    police released Matovu without charges. Matovu reportedly made critical
    statements about President Museveni during a conversation with
    unidentified persons during the African Union Summit in Kampala.
        On August 2, police arrested and charged Timothy Kalyegira, an
    online journalist, with sedition for publishing a conspiracy theory
    blaming the military for the July 11 terrorist attacks in Kampala.
    Police released Kalyegira on bond but confiscated his laptop and
    passport pending further investigations.
        On November 4, security personnel in civilian clothes allegedly
    detained Radio Simba journalist Arafat Nzito for questioning about an
    alleged call he received from the Middle East in December 2009 and for
    posting antigovernment materials on the Internet. On November 11,
    Nzito's lawyer filed a habeas corpus request for the Government to
    produce the missing journalist in court. On November 12, Nzito was
    released without charge (see section 1.b.).
        On August 17, the Constitutional Court stayed an arrest warrant for
    UPC President Olara Otunnu that was issued by a district court on
    August 3 for his failure to respond to a police summons. Police issued
    the summons to question Otunnu over allegations of sedition and
    promoting sectarianism that arose from accusing President Museveni of
    intentionally prolonging the country's 24-year conflict with the LRA
    during an April 12 radio show.
        Authorities also briefly detained a local radio journalist on July
    19 for allegedly promoting sectarianism; a TV journalist on August 19
    for filming immigration procedures along the country's border with the
    DRC; a newspaper journalist on August 22 for allegedly publishing an
    article critical of the Government; a radio journalist on September 6
    for allegedly inciting violence; and two newspaper journalists on
    September 25 for possible defamation charges.
        The August 2009 case against Daily Monitor photo journalist Stephen
    Otage, who was charged with criminal trespass for photographing former
    inspector general of government (IGG) Justice Faith Mwondha outside a
    courthouse without her permission, was pending at year's end.
        Forgery charges against Daily Monitor journalists Daniel Kalinaki
    and Henry Ochieng for the August 2009 publication of an alleged letter
    from President Museveni remained pending at year's end.
        There were no developments in the August 2009 sedition case against
    Independent Magazine's managing editor Andrew Mwenda, senior editor
    Charles Bichachi, and assistant news editor Joseph Were. The suspects
    remained free on bail at year's end.
        Local government officials restricted press freedom during the
    year.
        For example, on September 15, former IGG Justice Faith Mwondha
    barred journalists from covering Jinja High Court sessions. Mwondha
    accused journalists Frank Mugabi of the New Vision newspaper, Aldon
    Walukamba of Uganda Radio Network, and Catherine Asiyo of Kiira Radio
    of stalking her.
        On September 15, police in Hoima District barred journalists from
    covering the hearing of three police officers charged with killing two
    striking workers of British American Tobacco (BAT) Uganda (see section
    7. b.).
        On September 17, Jinja District Council officials barred
    journalists from covering a meeting in which the regional public
    accounts committee was questioning councilors and municipality
    technical team on possible cases of corruption.
        In August Jinja Resident District Commissioner Apollo Bwebale
    instructed all radio stations to stop conducting talk shows that are
    critical of the Government. Several warnings were allegedly sent to
    panelists who were regularly hosted on radio stations.
        On August 16, the Nakawa Chief Magistrate Court issued an
    injunction against all print and broadcast media houses in the country
    prohibiting them from publishing information about the ongoing police
    investigation into the July 11 terrorist bombings. Local media houses
    vowed to ignore the ban, and the Magistrate's directive was not
    enforced.
        The Government restricted the operation of private media outlets.
        In contrast with 2009, no radio stations were closed or suspended
    during the year; however, the Government continued to restrict
    independent television and radio stations that hosted opposition
    political candidates critical of the Government. The ban on new radio
    stations in Kampala was enforced reportedly because of limited
    available frequencies; however, the ban was widely disregarded without
    penalty.
        Two of the four Kampala radio stations that the Uganda Broadcasting
    Council (UBC) closed in September 2009 were allowed to reopen. The
    Government allowed Radio Sapientia to reopen in September 2009 with
    strict instructions not to broadcast political programs. The Government
    allowed Ssuubi FM to reopen in January. On October 23, President
    Museveni ordered the immediate reopening of the two frequencies of CBS
    radio, and CBS began operation. The High Court hearing of a December
    2009 petition filed by CBS employees seeking 3 billion shillings ($1.3
    million) in compensation and general damages related to the
    Government's closure of CBS remained pending at year's end.
        On April 26, Presidential Press Secretary Tamale Mirundi demanded
    apologies from a radio station for airing UPC president Olara Otunnu's
    accusations that President Museveni prolonged and politically profited
    from the LRA conflict. Mirundi warned there would be future
    consequences for the station if it refused to apologize. The station
    broadcast an apology on April 13 and 14.
        The Talk Show on Radio Simba and the WBS television program Kibaazo
    on Friday, which the Uganda Broadcasting Council shut down in September
    2009, were not reinstated during the year. Several journalists,
    including UBC TV Manager Mark Walungama and Charles Odongotho of Vision
    Voice, who were fired after the September 2009 riots were not
    reinstated to their jobs. Other journalists, including Manyo Matono and
    Andrew Ben Kiwanuka of Radio Simba and Matayo Laoysius and Irene Kiseka
    of Radio Sapiente, were reinstated but instructed not to report on
    political issues.
        There were developments in several 2008 cases of press freedom.
        For example, on March 24, the High Court ordered the Government to
    pay 30 million shillings compensation ($12,947) to WBS Television
    journalists Timothy Sibasi and Francis Tumekwatsize for their 2008
    beating by SPCs under the command of Laban Muhabwe. Payment to the
    victims is pending.
        There were no developments in the 2008 case against former Daily
    Monitor editors Joachim Buwembo, Bernard Tabaire, Emmanuel Gyezaho, and
    Robert Mukasa, who were charged with sedition in 2008 for articles
    alleging that former IGG Justice Faith Mwondha filed false salary
    claims. The suspects remained free on bail.
        There were no developments in the 2008 sedition case against the
    Independent Magazine's managing editor Andrew Mwenda, contributing
    editor Charles Bichachi, and reporter John Njoroge, who published an
    article alleging UPDF atrocities in 2003.

        Internet Freedom.--Individuals and groups could generally engage in
    the peaceful expression of views via the Internet, including by e-mail;
    however, at times the Government restricted access. The 2006 ban on
    access to radiokatwe.com, an antigovernment gossip Web site, remained
    in place. Access to the Internet continued to increase during the year,
    although due to lack of infrastructure, only 7.8 percent of the
    population used the Internet at least monthly.

        Academic Freedom and Cultural Events.--There were no government
    restrictions on academic freedom; however, research clearance was
    required in certain academic areas, such as history and political
    science, and was difficult to obtain.
        On December 13, Ethics and Integrity Minister Nsaba James Buturo
    prevented the UHRC and OHCHR from screening a documentary on Ugandan
    human rights defenders. Buturo alleged that the film promoted
    homosexuality. In the film, one human rights defender criticized
    Uganda's draft ``antihomosexuality bill'' for violating the rights of
    Ugandan citizens by forcing health care workers to report individuals
    believed to be gay or lesbian to authorities. In a December 15 press
    conference, the UHRC defended the documentary and criticized Buturo for
    violating the UHRC's constitutional independence.

        b. Freedom of Peaceful Assembly and Association.--Freedom of
    Assembly.--The law restricts freedom of assembly, and security forces
    used excessive force, including live ammunition, to disperse
    demonstrators during the year. Police permits are required for all
    public meetings, demonstrations, and processions. In 2008 the
    Constitutional Court nullified section 32(2) of the Police Act, thus
    eliminating the requirement to obtain the written permission of the
    inspector general of police before holding an assembly of 25 or more
    persons. However, the Ministry of Justice and Constitutional Affairs
    appealed the court's decision, which in effect stayed any action on the
    court's ruling. By year's end no decision on the appeal had been made,
    and police and local government authorities used the Police Act to
    disrupt opposition party activities (see section 3).
        The use of excessive force to disperse demonstrators resulted in
    injuries (see sections 1.a. and 7.b.).
        For example, on January 4, police deployed in the early morning
    hours to prevent IPC members from assembling to protest the continued
    closure of CBS radio and the Government's refusal to change the
    Electoral Commission's top management.
        On March 18, police in Kabale beat IPC women leader Ingrid Turinawe
    and other IPC members for allegedly trying to enter a police station to
    visit several IPC members arrested earlier in the day for alleged
    unlawful assembly. Turinawe was subsequently hospitalized for several
    days, and an independent medical evaluation confirmed that she had
    received blows to the head and body. A police investigation determined
    that police had acted appropriately, and no charges were filed.
        On April 9, police in Mbale arrested UPC supporters Abas Wetaka,
    Mike Kasola, Milton Wanambwa, and Andrew Kibongo for staging an illegal
    demonstration to protest the sale of public park land. On April 12, a
    court in Mbale charged the suspects with holding an unlawful assembly
    and released them on bail. Hearing of the case was pending.
        On June 9, police in Kampala blocked three IPC-organized rallies to
    protest the composition of the Electoral Commission. Riot police and
    members of the vigilante ``Kiboko Squad'' beat opposition supporters
    while police looked on. Several supporters, including Sam Mugumya, an
    aide to FDC leader Kizza Besigye, were injured. Police reported that
    the IPC failed to notify authorities of the rallies and therefore
    assembled illegally.
        On June 14, police in Kampala injured IPC women Ingrid Turinawe,
    Lilian Liz Masia, and Catherine Ddembe, as they demonstrated outside a
    court house following the fourth postponement of the hearing of pending
    illegal assembly charges. In July the injured women filed an
    application in the High Court seeking the dismissal of Police Deputy
    Director of Operations Grace Turyagumanawe and police officers Moses
    Kafeero, Grace Akullo, and police spokeswoman Judith Nabakooba. Hearing
    of the application was pending.
        On July 10, police in Kampala fired shots into the air and used
    teargas to disperse a rally organized by DP President Norbert Mao.
    Police beat a civilian and later detained him at Kira Road police
    station. The police said the DP had not sought permission to organize
    the rally.
        There were developments in several prior cases of freedom of
    assembly.
        In July 2009 in Luwero District, security forces shot and injured
    Bugema Adventist Secondary School students Wilber Kwamboko Omara and
    Miriam Adyelo, who were participating in a student demonstration
    against poor food and corporal punishment. The same day police arrested
    security force members involved in the shooting, including police
    commander Eddie Kulany, community liaison officer Ibrahim Odroa, CID
    chief Sulieman Kibuye, and SPCs Robert Oguti and Alex Ojambo. An
    investigation continued at year's end.
        On April 16, a court in Kampala acquitted 11 FDC youth supporters
    who faced charges of holding an illegal assembly in August 2009. The
    youth were arrested following a foiled protest calling for electoral
    reforms. Grade 1 Magistrate Francis Dawa ruled the prosecution failed
    to provide evidence that they were involved in unlawful assembly.
        On March 2, a court in Kampala ordered the police to arrest Kampala
    parliamentarian Erias Lukwago for disregarding three summonses to
    appear in court to face charges of inciting violence during the 2009
    September riots. Lukwago remained free on bail, pending hearing of the
    case.
        In March a parliamentary investigation into police conduct
    confirmed claims that police assaulted MP Nabila Sempala and acted
    unprofessionally while arresting other MPs in 2008. The report
    recommended disciplinary action against Senior Superintendent of Police
    William Muhairwe and the Senior Officer in Charge of Ndeeba Station
    Noah Onyango. There were no reports that disciplinary action occurred.
        On December 20, Richard Buteera, the Director of Public
    Prosecutions (DPP) withdrew charges of unlawful assembly against 27
    individuals. The suspects, including MPs Beatrice Atim Anywar and
    Hussein Kyanjo and 25 others, were accused of participating in a riot
    against the Mabira forest giveaway in 2007.
        There were no developments in the 2008 case against opposition DP
    members Domic Matovu Savio, Emmanuel Mugandusi, Samuel Mulindwa,
    Margret Wazemba, and Ben Kiwanuka, charged with rioting, assault, and
    firearms possession during a rally at their party headquarters. The
    suspects remained free on bail.
        The August 2009 unlawful assembly charges against MPs Hussein
    Kyanjo, Erias Lukwago, and Beatrice Atim Anywar; DP youth wing vice
    president Fred Mukasa; Issa Ssekito, chairman of the Kampala Traders
    Association; and 17 others were pending.
        On November 17, Ethics and Integrity Minister James Buturo informed
    the Aga Khan-owned Serena Lakeside Resort Hotel in Kampala that the
    Serena would be ``an accomplice to an illegality'' if it allowed a
    November 18-20 regional NGO conference on health, HIV/AIDS,
    reproductive rights, and human rights for East African sex workers to
    proceed. Although there was no evidence of wrongdoing or illegality,
    the Serena asked conference participants to leave, and the event was
    cancelled.

        Freedom of Association.--The constitution provides for freedom of
    association, and the Government generally respected these rights.
        In April civil society organizations petitioned the Constitutional
    Court to challenge the 2006 NGO Registration Act, which requires most
    NGOs, including religious organizations, to renew their registration
    permits annually. The Constitutional Court failed to hear the petition
    due to a lack of a quorum on September 3, and the hearing remained
    pending. The Government established a committee to review the act in
    2008, when enforcement of the law was temporarily suspended. By year's
    end no action had been taken on the petition or by the committee.

        c. Freedom of Religion.--For a description of religious freedom,
    please see the 2010 International Religious Freedom Report at
    www.state.gov/g/drl/irf/rpt.

        Societal Abuses and Discrimination.--There were no reports of
    societal abuses or discrimination based on religious belief or
    practice, and prominent social leaders took positive steps to promote
    religious freedom.

        d. Freedom of Movement, Internally Displaced Persons, Protection of
    Refugees, and Stateless Persons.--The constitution and law provide for
    freedom of movement, foreign travel, emigration, and repatriation;
    however, the Government at times limited these rights in practice.
        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.
        Travel restrictions were imposed on opposition party members,
    journalists, and others with pending charges of sedition and treason.
        On October 12, the Constitutional Court cleared FDC leader Kizza
    Besigye of pending treason, terrorism, murder, and illegal use of
    firearms charges. The court determined that illegal detention, torture,
    and other unconstitutional abuses by security services and the
    Government irrevocably undermined the presumption of innocence and
    right to a fair trial of Besigye and the nine coaccused.
        Radio One presenter Robert Sserumaga's passport was returned
    following the dismissal of sedition charges against him on October 5.
        A married woman must obtain her husband's written permission on her
    passport application if children are to be listed on her passport.
        The country has no law on forced exile, and the Government did not
    subject anyone to forced exile during the year.

        Internally Displaced Persons (IDPs).--According to the UNHCR,
    147,401 IDPs remained in camps in northern Uganda's Acholi Region as of
    August. All IDPs in the Lango and Teso regions had returned to their
    homes by year's end. Conditions in IDP camps improved as a result of
    the lowered IDP population; however, remaining IDPs still lacked
    potable water, health care, schools and trained teachers, housing, and
    land.

        Protection of Refugees.--The laws provide for the granting of
    asylum or refugee status, and the Government has established a system
    for providing protection to refugees. However, in at least one
    instance, the Government expelled refugees to a country where their
    lives or freedom could be threatened on account of their race,
    religion, nationality, membership in a particular social group, or
    political opinion.
        On July 14-15, Ugandan authorities forcefully deported
    approximately 1,800 Rwandan asylum seekers from the Nakivale and Kyaka
    II settlements under a bilateral arrangement with Rwanda. At least two
    individuals were killed after jumping from trucks, and reports indicate
    that approximately 40 children were separated from their parents.
        The Government provides temporary protection to individuals who may
    not qualify as refugees under the 1951 Convention and 1967 Protocol;
    however, no individuals received such protection during the year.
        As in 2009, some Kenyan refugees complained that the Government's
    self-sufficiency policy, which requires refugees to become self-
    sufficient by providing them with land to cultivate, was ineffective
    because most refugees were merchants and businessmen, not farmers.
        There is no path to naturalization for refugees in the country. The
    Government's stance on local integration is that the constitution does
    not allow time in country as a refugee to count toward the residency
    requirement for naturalization. Between January and July, the
    Government assisted the UNHCR in the voluntary repatriation of 2,246
    refugees to Southern Sudan.
    Section 3. Respect for Political Rights: The Right of Citizens to
            Change Their Government
        The constitution and law provide citizens with the right to change
    their government peacefully, and citizens exercised this right in
    practice through generally free and fair elections based on universal
    suffrage.

        Elections and Political Participation.--The 2006 presidential and
    parliamentary elections, the first multiparty general elections since
    President Museveni came to power in 1986, were marred by serious
    irregularities. Police recorded 450 cases of election-related violence
    during the electoral period. More than 100 election challenges were
    filed in the High Court and the Constitutional Court following the 2006
    elections, including charges of bribery, intimidation, violence,
    multiple voting, and ballot stuffing. The Ugandan Supreme Court agreed
    that irregularities occurred but found that these irregularities did
    not alter the 2006 presidential outcome and upheld President Museveni's
    reelection by a 4-3 margin. Four by-elections were held during the year
    to fill the seats declared vacant by the High Court in 2007, and
    election monitors reported some irregularities.
        The ruling NRM party operated without restriction, regularly
    holding rallies and conducting political activities. Approximately 38
    other parties were registered and allowed to function, although members
    of some parties were subjected to political violence, and authorities
    sometimes restricted opposition parties' ability to meet or
    demonstrate. Political involvement was primarily concentrated within
    the elite. Membership in the NRM conferred greater access to government
    positions and resources.
        In preparation for the 2011 general elections, several political
    parties including the ruling NRM, DP, FDC, UPC, Peoples Progressive
    Party, Social Democratic Party, Peoples Independent Party, Conservative
    Party, and the Uganda Federal Alliance conducted primary elections
    during the year. The elections were generally peaceful; however, the
    primaries of the ruling NRM party were marred by bribery, other
    election malpractice, and violence. Some opposition leaders were denied
    access to the media during the year, but the Government claimed radio
    stations that refused to air opposition views or candidates were
    privately owned stations acting on their own authority (see section
    2.a.).
        Police arbitrarily arrested opposition members during the year (see
    also section 2.c.).
        For example, on January 18, police in Kampala arrested 33 female
    IPC members after they tried to enter the Electoral Commission (EC)
    headquarters to protest the appointment of EC Chairman Badru Kiggundu.
    Police justified the arrests on the basis that the demonstration was
    blocking public access to the commission premises. On January 19, a
    court in Kampala charged the suspects with unlawful assembly; hearing
    of the case was pending at year's end.
        On March 18, police in Kabale arrested six opposition activists for
    allegedly holding an illegal meeting prior to a March 22 parliamentary
    by-election. From July 25-27, police arrested and later released
    several dozen opposition supporters throughout the country for
    protesting against the Electoral Commission. On August 19, police in
    Kampala and Mbarara arrested and later released several opposition
    protesters.
        On October 9, police in Kampala arrested three individuals for
    flashing the opposition FDC party's ``V'' symbol during Uganda's
    official independence day rally. Two of these individuals were released
    a few hours later, and the third was released on October 11.
        On November 16, police in Moyo arrested and detained three persons
    overnight for allegedly inciting violence at a Museveni rally by
    carrying posters proclaiming ``No Ferry No Vote'' and ``No Road No
    Vote.''
        On December 16, police in Gulu arrested four individuals for
    allegedly inciting violence by wearing blue galoshes, which police
    interpreted as a symbol for an opposition FDC party self-defense
    militia. Police released one of these individuals without charge on
    December 17, and on December 22 charged the remaining three with
    inciting violence and accepting a bribe from a political candidate and
    released them on bail. Their cases were pending at year's end.
        The hearing of the July 2009 case in which 19 DP members were
    charged with criminal trespass, illegal assembly, and interfering in
    police work was pending at year's end, and the suspects remained on
    bail.
        On October 25, Buganda Road Court cleared former Buganda Kingdom
    deputy information minister Medard Lubega Segona of sedition charges
    pending since September 2009.
        While the Constitutional Court found the sedition law
    unconstitutional on August 25 (see section 2.a.), hearings in the
    following cases were not held and the cases remained pending: the
    September 2009 case against UPC member Godwin Acai for statements he
    made during an August 2009 Unity FM radio talk show; the September 2009
    case against Democratic Party parliamentarian Erias Lukwago; the 2007
    and 2008 cases against Makindye West parliamentarian Hussein Kyanjo;
    and the 2008 case against Buganda Kingdom Deputy Information Minister
    Medard Seggona Lubega and Buganda Central Civic Education Committee
    chairperson Betty Nambooze.
        The hearing of the August 2009 illegal assembly case against 11
    members of the FDC youth wing was pending at year's end. The suspects
    remained free on bail.
        During the year the director of public prosecutions withdrew all
    2008 and 2009 charges against FDC youth leader Abedi Nasser Obole, who
    was first arrested in August 2008 for unlawful assembly and later
    charged with threatening the EC chairman and four commissioners.
        There were 102 women in the 333-member parliament. Of these, 80
    held seats designated for women. There were 14 female ministers in the
    president's 66-member cabinet. The deputy speaker and the deputy chief
    justice of the Supreme Court were women.
        The law requires elections through electoral colleges for the seats
    reserved for special-interest groups in parliament: 80 seats were
    reserved for women; five for organized labor; five for persons with
    disabilities; and five for youth. However, the UPDF High Command and
    President Museveni selected the 10 army representatives, and the five
    persons with disabilities were selected by an electoral college
    organized by a single government-supported NGO.
    Section 4. Official Corruption and Government Transparency
        The law provides criminal penalties for official corruption, and
    the Government investigated offenders; however, corruption was a
    serious problem, and officials engaged in corrupt practices with
    impunity. The Government selectively enforced financial disclosure
    laws. Government agencies responsible for combating corruption include
    the IGG, the Department of Public Prosecution (DPP), the Anticorruption
    Division of the High Court, the parliamentary accounting committee, the
    police CID, the Office of the Auditor General, and the Directorate for
    Ethics and Integrity. Political will to combat corruption at the
    highest levels of government remained weak, and corruption cases
    remained pending for years. The World Bank's most recent Worldwide
    Governance Indicators reflected that corruption was a severe problem.
        A September 2009 study conducted by the Public Procurement and
    Disposal of Assets Authority, which reports to the Ministry of Finance,
    estimated that corruption in the public procurement process resulted in
    an annual loss of 474 billion shillings ($205 million).
        A number of government ministries, agencies, and high-level
    officials were implicated in corruption. On May 11, the parliamentary
    public accounts committee (PAC) completed a report of expenditures made
    to support Uganda's hosting of the 2007 Commonwealth Heads of
    Government Meeting (CHOGM). The bipartisan PAC report implicated
    several senior government ministers for approximately $123 million in
    unexplained and unauthorized CHOGM expenses. The report was not debated
    in parliament or officially released to the public. During the year a
    mid-level engineer was prosecuted for CHOGM related corruption.
        On June 21, police arrested former National Social Security Fund
    (NSSF) managing director David Chandi Jamwa as he was fleeing the
    country. Authorities charged Jamwa with abuse of office and causing a
    financial loss to the Government and remanded him to prison. A 2008 IGG
    report implicated Jamwa and his former deputy Mondo Kangoyera in
    mismanaging NSSF money. On September 23, the High Court's
    Anticorruption Division cancelled Jamwa's bail and remanded him to
    prison pending prosecution in the High Court. On June 29, police also
    arrested NSSF's Chief Accounting Officer George Kyankunda for causing a
    financial loss of more than 3 billion shillings ($1.3 million).
        On July 7, President Museveni suspended the release of National
    Agricultural Advisory Services funds for the 2010/11 financial year
    after complaints of mismanagement, embezzlement, and corruption in the
    implementation of the program. The Government had allocated 120 billion
    shillings ($51.8 million) to help rural farmers. The president ordered
    an audit of the program, and a report of the findings was pending at
    year's end.
        On August 29, the IGG reinstated the case against NSSF board
    Chairman Geoffrey Onegi Obel, who was accused of causing a financial
    loss to the Government of eight billion shillings ($3.45 million)
    between 2004 and 2005. On September 16, the High Court honored Obel's
    request to refer the case to the Constitutional Court for a
    determination as to whether the High Court's Anticorruption Division
    can try crimes that occurred prior to its 2009 establishment.
        Corruption in the police force was a problem. Several officers
    implicated in bribery and corruption were arrested and prosecuted; by
    year's end, 17 police officers had been charged with corruption, and
    none had been discharged or dismissed for accepting bribes.
    Investigations into several police bribery charge cases were pending at
    year's end.
        On June 27, the Police Professional Standards Unit in Kampala
    arrested traffic officers Jamil Kirunda, Innocent Obaa, Alfred Otim,
    Patrick Dratoo, Evans Talemwa, and Patrick Ocen for extorting money
    from motorists. In July the police released the suspects on police
    bond, pending an investigation.
        In August police in Kampala arrested Assistant Superintendent of
    Police Gregory Mugisha on fraud charges. On August 25, the High Court
    charged Mugisha with abuse of office and tampering with evidence during
    investigations. The court released Mugisha on bail, and hearing of the
    case was pending at year's end.
        There were developments in some previous police corruption cases.
        On February 5, the High Court in Kampala released police officers
    George Kawuka, Robinson Okid, Samuel Wamakote, Livingstone Ojuk,
    Serafino Ogwanga, Peter Olegi, and James Kakuru. They were charged in
    December 2009 with accepting bribes from detainees to release them from
    Kiboga District Police Station.
        In May police in Gulu District suspended Robina Ocheng, officer in
    charge of media and political crimes, after a court found her guilty of
    stealing 1.7 million shillings ($733) that her supervisors had given
    her for use in an undercover operation in September 2009.
        In August police in Kampala arrested Criminal Investigation
    Department (CID) detective Hope Atuhaire for stealing 19 million
    shillings ($8,200) recovered from a suspect in 2008. In mid-August a
    court in Kampala sentenced Atuhaire to two years in prison for theft.
        Judicial corruption was a problem. Several magistrates were
    arrested for soliciting and receiving bribes.
        On February 4, Entebbe District police arrested grade 1 magistrate
    Godfrey Bindeba for soliciting and receiving a bribe of one million
    shillings ($431) from Felix Kintu to dismiss a forgery case. On March
    9, a court granted Bindeba bail, and hearing of the case was pending at
    year's end.
        On February 16, police in Kisoro District arrested grade 1
    magistrate David Cheptuke Kaye for receiving 100,000 shillings ($43)
    from suspect John Bosco Nyundo in exchange for bail. A court remanded
    Kaye to prison pending further hearings.
        On July 21, police in Jinja District arrested grade 2 magistrate
    Okitwi Odutu for taking a bribe of 100,000 shillings ($43) from Esther
    Nabulime to release her brother Emmanuel Sembule, who was facing
    robbery charges. On July 23, a court released Odutu on bail, and
    hearing of the case was pending at year's end.
        Grade 2 magistrate Moses Ndifuna, who in November 2009 was
    sentenced to two years' imprisonment for soliciting and receiving
    190,000 shillings ($82), remained on bail pending the hearing of his
    appeal.
        The anticorruption division of the High Court, which has three
    judges and five magistrates on staff and can only hear corruption cases
    referred by the IGG and DPP, convicted four individuals of corruption
    during the year.
        On June 29, the ACD sentenced Samson Bagonza, the Government chief
    engineer to five years' imprisonment for abuse of office and causing a
    financial loss of 1.6 billion shillings ($691,742). Bagonza had
    approved unauthorized highway construction works during the 2007 CHOGM
    preparations.
        On August 13, the ACD sentenced Ministry of Health official Joseph
    Isanga to five years' imprisonment for misusing 22 million shillings
    ($9,495) meant to purchase medical drugs. The court released Isanga on
    bail pending an appeal.
        On September 13, the ACD sentenced Kapchorwa District Town Clerk
    Chemisto Alfred Mashandich and former town treasurer Martin Swami to
    four years' imprisonment, and town treasurer Sammy Nelson to five
    years' imprisonment for abuse of office and for causing a financial
    loss of 66 million shillings ($28,485). The court ordered the men to
    refund 28.6 million shillings ($12,343) and remanded them to prison
    pending an appeal.
        The four individuals convicted by the ACD in 2009 for stealing
    money from the Global Fund to fight AIDS, tuberculosis, and malaria
    were free on bail pending hearing of their appeals.
        On September 9, the ACC granted bail to Winnie Musoke Kabogonza,
    the police department's undersecretary and accounting officer, Dennis
    Nyagweso, Dennis Twinamasiko, Alfred Okello, Ashe Kawooya, Primo
    Nyokatre, and Harriet Kyomugisha, who were charged and remanded to
    prison in August 2009 for failing to remove duplicate names and bank
    accounts from the police payroll.
        On May 17, the Constitutional Court rejected a 2009 petition filed
    by former minister of health Jim Muhwezi and deputies Mike Mukula and
    Alex Kamugisha, as well as former State House aide Alice Kaboyo,
    claiming the IGG did not have the legal mandate to investigate them
    over the alleged 2007 misappropriation of $8 million in Global Alliance
    for Vaccines and Immunizations (GAVI) funds. In June the accused
    appealed the Constitutional Court's ruling to the Supreme Court, and
    the hearing was pending. The four have been on police bail since 2007.
        There were no developments in the corruption case against solicitor
    general Lucien Tibaruha and acting litigation director Joseph Matsiko,
    who were indicted in 2007 for mismanagement resulting in financial loss
    to the Government. Both Tibaruha and Matsiko remained suspended from
    their positions.
        There were no developments in the 2008 parliamentary investigation
    into former IGG Justice Faith Mwondha's interventions in public
    tendering processes and allegations that her salary was higher than
    allowable under government policy; the IGG had not appeared before the
    committee at year's end.
        An estimated 17,000 public officials are subject to biannual
    reporting under financial disclosure laws. The IGG reported that for
    the 2009-10 cycle 16,909 officials reported. On May 27, the High Court
    rejected an IGG application seeking the dismissal of the Ministry of
    Health's principal accountant Nestor Gasasira and the seizure of his
    assets for failing to account for his wealth. The judge opined that
    Gasasira had not received a judicial hearing and that the Leadership
    Code Tribunal, not the IGG, was mandated to recommend such dismissals.
    The Supreme Court upheld the High Court's decision on August 24.
        The law provides for public access to government information, and
    the Government provided such access to citizens and noncitizens,
    including foreign media.
    Section 5. Governmental Attitude Regarding International and
            Nongovernmental Investigation of Alleged Violations of Human
            Rights
        A number of domestic and international human rights groups
    generally operated without government restriction, investigating and
    publishing their findings on human rights cases. Government officials
    generally were receptive to their views. Active, independent domestic
    groups included the FHRI, Human Rights Focus, Human Rights Network,
    Human Rights and Peace Center of Makerere University, the International
    Federation of Human Rights, the Justice and Peace Commission, the
    Uganda Journalist Safety Committee, the Uganda Prisoner's Aid
    Foundation, and the Uganda Association of Women Lawyers. Government
    officials continued to attend conferences and seminars hosted by NGOs
    on social problems and cooperated with NGOs on legal and prison
    reforms.
        In 2008, in response to NGO criticism and after consultation with
    civil society, the Government established a committee to review the
    2006 NGO Registration Act, which requires most NGOs, including
    religious organizations, to renew their registration permits annually.
    Enforcement of the law remained suspended during the review process,
    pending the NGO petition in the Constitutional Court (see section
    2.b.).
        The Government cooperated with international governmental
    organizations and permitted visits by UN representatives and
    organizations such as the UN Office of the High Commissioner for Human
    Rights and also the International Committee of the Red Cross (ICRC).
        The UHRC is a permanent independent body with quasi-judicial
    powers, although the president appoints the UHRC's seven-member board.
    Under the law, the UHRC may subpoena information, order the release of
    detainees, and order the payment of compensation for abuses. The UHRC
    continued to pursue suspected human rights abusers, including in the
    military and police forces, and had branches countrywide; however, its
    resources were inadequate to investigate all complaints received.
        In its 2009 annual report, released in October 2010, the UHRC
    reported registering 785 human rights complaints against 858
    individuals, including 106 UPDF members, 285 police officers, 86 other
    security agencies, 29 prison warders, and 343 private citizens. Of the
    785 complaints, 31 percent involved allegations of torture or cruel,
    inhuman, or degrading treatment and punishment. The UHRC also examined
    the country's draft antihomosexuality bill and determined that the
    proposed legislation violates the Ugandan constitution and
    international law. The report called on the Government to pass pending
    antitorture legislation; improve prison conditions, particularly for
    women and children; eliminate illegal detention and prolonged pretrial
    detention practices; use murder statutes to prosecute cases of child
    sacrifice; and provide security forces with increased human rights
    education programming.
        In its April 2009 ``Open Secret'' report, HRW called on the
    Government to end all torture and mistreatment of detainees; stop
    arrest and interrogation by unauthorized security forces, including
    JATT; and release all detainees from the JATT headquarters in Kololo
    and close it as a place of detention. For detainees in Kololo for whom
    there is a legal basis for detention, HRW urged the Government to
    immediately transfer them to police custody, where they could be
    charged with a legally recognizable offense, if appropriate. HRW
    further urged the Government to promptly inform the relatives of each
    detainee of their whereabouts, condition, and the charges against them.
    Those charged should be tried before courts that met international fair
    trial standards. HRW also called on the Government to end impunity for
    human rights violations of the right to life and fair trial; the right
    to be charged before a judge within 48 hours of arrest; and freedom
    from torture and mistreatment, arbitrary arrest, and prolonged
    arbitrary detention.
    Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
        The law prohibits discrimination based on race, gender, disability,
    language, or social status; however, the Government did not enforce the
    law in matters of locally or culturally prevalent discrimination
    against women, children, persons with disabilities, or certain ethnic
    groups.

        Women.--The law criminalizes rape; however, rape remained a serious
    problem throughout the country, and the Government did not consistently
    enforce the law. Although the Government arrested, prosecuted, and
    convicted persons for rape during the year, the problem was
    underreported, and most cases were not investigated. Police lacked the
    criminal forensic capacity to collect evidence related to sexual
    assault, which hampered prosecution and conviction. There were 619 rape
    cases registered with the police in 2009, of which 240 went to court,
    resulting in only 12 convictions.
        On December 31, UPDF soldiers allegedly gang-raped Teddy Nakiru
    while on patrol at a trading center in Moroto district. The arrest of
    the soldiers and suspension of three unit officers, Major James Kasule,
    Lt.Walter Olum, and Lt. Sanyu Kaserebe, for failing to report the crime
    or take action against the soldiers were imminent at year's end, and
    investigations into the incident were ongoing.
        Domestic violence against women, including spousal abuse, remained
    widespread, and reports of such incidents continued to increase. The
    2009 police annual crime report listed 165 reported cases of domestic
    violence, compared to 137 reported cases in 2008, an increase of 20
    percent. These statistics greatly underestimate the extent of the
    problem; in November United Nations Population Fund reported that 60
    percent of women aged 15 and above experienced physical violence, 15
    percent of women face violence during pregnancy, and 24 percent report
    that their first sexual encounter was a forced one. Many law
    enforcement officials viewed wife-beating as a husband's prerogative,
    as did the majority of the population, and rarely intervened in cases
    of domestic violence.
        On March 17, President Museveni signed into law the 2009 Domestic
    Violence Bill, which criminalizes domestic violence, expands protection
    for victims, and provides penalties for abusers ranging from fines to
    two years' imprisonment.
        Between January and August, the Government arrested and prosecuted
    15 persons for domestic violence offenses. For example, on February 2,
    police in Masaka arrested Francis Kasekende for killing his wife Grace
    Phoebe following a family argument. An investigation into the case was
    pending. On July 12, police in Oyam District arrested Richard Otto for
    killing his wife Janet Akot. On July 24, police in Kampala arrested
    Apollo Dalton Nyangasi for killing his wife Christine Dambio.
    Investigations into the cases were pending.
        There were developments in domestic violence cases that occurred in
    previous years. For example, on February 18, a court in Mukono District
    committed former Mukono District police chief James Aurien to the High
    Court for trial for the 2008 killing of his wife Christine Opolot. The
    trial hearing was pending at year's end. In April the High Court in
    Kabarole District convicted and sentenced Reuben Asiimwe to 21 years'
    imprisonment for killing his wife, Peace Rodi, in 2005. On June 29, a
    court in Mbarara District sentenced Boniconsilla Kyaratuhe to 12 years'
    imprisonment for killing her husband in 2007. On September 16, the UPDF
    third division court martial in Moroto District sentenced Judith
    Koryang to death for killing her husband, UPDF Private Nelson Okello,
    in May 2009.
        There were no developments in the April 2009 case in which Richard
    Tito Okello killed his wife Scovia Acayo following a family argument.
        The law requires that bride prices be nonrefundable gifts to the
    parents of the bride. Constitutional amendments in 2007 did not abolish
    the practice, despite recommendations from civil society groups. On
    March 27, the Constitutional Court dismissed a petition filed in 2007
    by the Mifumi Project, a women's rights group that claims bride prices
    impede the rights of a woman and exacerbate domestic violence. The
    court dismissed the petition saying the group did not provide any
    scientific evidence to prove the connection between bride price and
    domestic violence. In April the Mifumi project appealed the ruling, and
    a Supreme Court hearing was pending.
        Although sexual harassment is prohibited with penalties of up to 14
    years' imprisonment, it was a widespread problem, and the Government
    did not enforce the law effectively. In April 2009 IGP General Kale
    Kayihura created a committee to investigate allegations of abuse of
    female police officers by senior male colleagues. Findings of the
    committee had not been released by year's end.
        No report was issued during the year by the committee established
    in 2008 to investigate allegations that male lecturers in Makerere
    University coerced female students into sexual acts as a condition for
    receiving good grades.
        There were no reports of findings by a team from the Ministry of
    Health that investigated 2007 allegations of sexual harassment filed by
    30 nurses against a senior staff member in Nakaseke Hospital.
        There are no laws restricting couples or individuals from deciding
    freely and responsibly the number, spacing, and timing of their
    children; however, family planning information and assistance was
    difficult to obtain, particularly in rural areas, where there were few
    health clinics. A 2006 survey found that 41 percent of married women
    had unmet family planning needs. There was no indication of
    discrimination in diagnosis or treatment of sexually transmitted
    infections, including HIV/AIDS. A January 2010 United Nations
    Development Program (UNDP) report cites maternal mortality at 505
    deaths per 100,000 live births.
        The law requires that women be accorded full and equal dignity of
    the person with men. However, discrimination against women continued to
    be widespread, especially in rural areas where it was part of
    traditional culture. Many customary laws discriminate against women in
    adoption, marriage, divorce, and inheritance. Under local customary law
    in many areas, women cannot own or inherit property or retain custody
    of their children. Traditional divorce law in many areas requires women
    to meet stricter evidentiary standards than men to prove adultery.
    Polygyny, where one husband has several wives, is legal under both
    customary and Islamic law, and, in some ethnic groups, men can
    ``inherit'' the widows of their deceased brothers. Women also
    experienced economic discrimination. For example, a June study
    conducted by local NGO Actionaid found that although women did most of
    the agricultural work, they owned only 7 percent of the agricultural
    land. Women also experienced economic discrimination in access to
    employment, credit, income, business ownership, and senior or
    managerial positions.
        Eliminating gender inequality remained a high priority for the
    Government, which, in conjunction with NGOs and women's rights groups,
    sponsored workshops and training throughout the country to increase
    awareness of women's rights.

        Children.--Citizenship is afforded to children born in or outside
    of the country if at least one parent or one grandparent held Ugandan
    citizenship at the time of the child's birth. Children under the age of
    18 who are abandoned in the country with no known parents are
    considered to be Ugandan citizens, as are children under the age of 18
    adopted by citizen parents.
        The 2006 Uganda Demographic and Health Survey reported that only 21
    percent of rural and 24 percent of urban children had their births
    registered; however, lack of registration generally did not result in
    denial of public services.
        In 2008 parliament passed a law that provides for tuition-free and
    compulsory education for the first seven years of primary school or
    through high school for especially underprivileged students. Students,
    except for the most underprivileged, still had to pay for school
    supplies and some school operating costs, and many parents could not
    afford the school fees. Boys were more likely to finish primary school.
    The highest level of education achieved by most children was the fourth
    year of primary school.
        Child abuse remained a serious problem, particularly rape and
    sexual abuse of girls.
        According to the 2009 police annual crime report, defilement
    remained the most common crime committed against children, with 7,360
    cases recorded in 2009. The report also registered 3,126 cases of child
    neglect, 754 of child desertion, 550 of indecent assault, 552 of
    torture, 206 of child stealing, 49 of kidnapping, 46 of infanticide, 29
    of child sacrifice, and 16 of child trafficking. The Government worked
    with UNICEF and NGOs including Save the Children Fund and African
    Network for the Prevention and Protection against Child Abuse and
    Neglect to combat child abuse in the country.
        There were isolated reports of corporal punishment in schools since
    the 2006 ban on the practice. For example, in March police in Buikwe
    District arrested Joseph Balyejjusa, a teacher of Progressive Primary
    School, for beating to death student Chrizeston Ssekatawa. An
    investigation into the incident was pending at year's end.
        Sexual contact outside marriage with girls less than 18 years of
    age, regardless of consent or age of the perpetrator, is considered
    ``defilement'' under the law and carries a maximum sentence of death;
    however, such cases often were settled by a payment to the girl's
    parents. According to police statistics, in 2009 there were 7,360
    reported defilement cases, of which 4,433 went to court, with only 467
    resulting in convictions.
        Perpetrators of sexual abuse often were family members, neighbors,
    or teachers.
        In an effort to clear the backlog of cases, in 2007 the Government
    amended the 2006 Magistrate's Courts Bill, giving chief magistrates the
    authority to hear cases of rape of girls between the ages of 14 and 17;
    the High Court continued to try cases involving rape of girls younger
    than 14 years. In February 2009 the UPF announced that it would provide
    free rape and defilement medical examinations throughout the country to
    ensure that investigations were effectively carried out and
    perpetrators prosecuted. Since the program began in March 2009, an
    estimated 3,000 victims of rape and defilement have received free
    medical examinations at Mulago hospital in Kampala.
        The Sabiny ethnic group in rural Kapchorwa District and the Pokot
    ethnic group along the northeastern border with Kenya practiced FGM,
    despite local laws that prohibit the practice. On March 17, President
    Museveni signed into law the 2009 Prohibition of Female Genital
    Mutilation Bill. The law establishes that neither culture, religion,
    nor the consent of the victim are allowable defenses and establishes
    penalties of up to life imprisonment for the practice. The Government,
    women's groups, and international organizations continued to combat the
    practice through education. These programs, which received some support
    from local leaders, emphasized close cooperation with traditional
    authority figures and peer counseling. On July 29, the Constitutional
    Court declared the practice of FGM unconstitutional.
        Despite the Government ban, thousands of girls were subjected to
    FGM over the year, with one newspaper article reporting that
    approximately 820 girls were subjected to the practice in December
    alone in the districts of Kapchorwa, Bukwo, Kween, and Amudat. The
    police arrested several individuals involved in promoting the ritual.
    For example, on November 31, police arrested Jennifer Katungo, Patrick
    Chemonges, Flora Chebet, Juliet Chesewa, and Isaac Chemonges for their
    involvement in FGM practice in Binyiny subcounty, Kween District.
    Hearing of the case was pending. In December police arrested four girls
    under the age of 16 and five parents for their involvement in an FGM
    ritual in Kween District. The girls were released after questioning,
    and the parents were sentenced to two months community service. In
    December police in Bukwo District arrested Margret Chemutai, Brunei
    Chematene, Boniface Kabunga, and Julius Malinga for practicing FGM. On
    December 8, Chemutai pled guilty and was sentenced to four months in
    prison for circumcising eight girls. Chematene, Kabunga, and Malinga
    pled not guilty and were remanded to prison pending hearing of the
    case.
        Marriage of young girls by parental arrangement was common,
    particularly in rural areas, although the legal age for marriage is 18.
    Local NGO Concern for Children and Women Empowerment reported that
    acute poverty forced some parents to give away their children,
    including girls as young as 14 years, for early marriage and sexual
    arrangements. A March 2009 UN report stated that 32 percent of
    marriages involved underage girls.
        Reports of the ritual sacrifice of children increased during the
    year. For example, on June 18, police in Buikwe District arrested David
    Mukulu, Jennifer Night, Laubeni Mande, Yuda Nakacho, John Baptist
    Serwajjo, and Agnes Namanya for the ritual killing of three-year-old
    girl Evera Mudaali on June 6 in Nyenga subcounty. On May 18, police in
    Nakaseke District arrested Scovia Nalugo and Isma Kafeero for the
    ritual killing of a three-year-old girl in Ngoma subcounty. On July 19,
    police in Masaka District arrested John Lwahinda and Baker Muhwezi for
    the ritual killing of three-year-old Marvin Mukiibi in Kalisizo
    subcounty on June 30. The suspects from these cases were on remand in
    prison pending investigations and hearings of the cases.
        There were no developments in the March 2009 case in which Issa
    Wayibi, Sebastian Musana, Bbumba Aramazan, and Daudi Byendala were
    charged with the ritual killing of a girl, or the April 2009 case in
    which John Okech and six family members were charged with the ritual
    killing of a one-year-old girl. All suspects remained in prison pending
    investigations and hearings of the cases.
        On April 23, a court in Masaka acquitted businessman Godfrey Kato
    Kajubi of charges of the ritual killing of 12-year-old Joseph Kasirye;
    however, government prosecutors appealed the acquittal, and the case
    was pending at year's end.
        As in the past five years, there were no reports that during the
    year the LRA abducted or conscripted children within the country.
    However, an estimated 5,000 of 40,000 children abducted by the LRA in
    previous years for use as laborers, soldiers, guards, and sex slaves
    were reportedly still missing. There continued to be numerous reports
    of LRA abductions of children in the DRC, CAR, and Sudan during the
    year.
        Poverty, unstable family relationships, rape, inadequate family
    planning services, and other social, health, and economic factors
    contributed to cases of infanticide. The 2009 police crime statistics
    report cites 46 cases of infanticide but does not provide an analysis
    of the crimes.
        Since January police in Kampala rounded up approximately 331 street
    children, the majority from the Karamoja Region, and took them to
    Kampirigisa rehabilitation home in Mpigi District. Street children were
    often the victims of poverty, famine, and instability in Karamoja
    Region.
        The country is not a party to the 1980 Hague Convention on the
    Civil Aspects of International Child Abduction. For information on
    international parental child abduction, please see the Department of
    State's annual report on compliance at http://travel.state.gov/
    abduction/resources/congressreport/congressreport--4308.html.

        Anti-Semitism.--The Jewish community was very small, and there were
    no reports of anti-Semitic acts.

        Trafficking in Persons.--For information on trafficking in persons,
    please see the Department of State's annual Trafficking in Persons
    Report at www.state.gov/g/tip.

        Persons With Disabilities.--The law prohibits discrimination
    against persons with physical, sensory or mental disabilities in
    employment, education, access to health care, and the provision of
    other state services; however, the Government did not enforce the law
    effectively. Persons with disabilities also faced societal
    discrimination and limited job and educational opportunities. There was
    no statutory requirement that buildings be accessible to persons with
    disabilities; however, the law requires that children with disabilities
    be given necessary special facilities.
        The UHRC continued to receive complaints of discrimination in
    employment and access to transport, cell phone, and other public
    services from persons with disabilities. Most schools in the country
    did not accommodate persons with disabilities.
        No action was taken to assist the 40 prison inmates with impaired
    hearing who had been denied a trial, health services, and education
    because they could not communicate.
        The Government supported the right of persons with disabilities to
    vote and participate in civic affairs. Five seats in parliament were
    reserved for representatives of persons with disabilities; however, a
    government-sponsored NGO managed election to these five seats in a
    process that was not transparent. Government agencies responsible for
    protecting the rights of persons with disabilities included the
    Ministry of State for Disabled Persons and the Ministry of Gender,
    Labor and Social Development, but both agencies lacked sufficient
    funding to undertake or support any significant initiatives. In August
    2009 President Museveni appointed members to the Equal Opportunities
    Commission, which is responsible for enforcing laws that protect
    persons with disabilities and ensuring that they have equal access to
    public office. In April the Government released 1.5 billion shillings
    ($647,388) to accelerate ongoing projects being undertaken to increase
    incomes and improve livelihoods of persons with disabilities in 48
    districts.

        National/Racial/Ethnic Minorities.--There were isolated reports of
    violence between ethnic minorities in some parts of the country. For
    example, in May five persons were injured and over 120 families
    displaced from Pera village following two days of clashes over land
    between the Alur and Madi ethnic groups along the Arua and Nebbi
    district border. Arua District police arrested and remanded seven
    suspects for inciting the violence, and the case continued at year's
    end.
        The August 2009 case against suspects Dominictic Ningrea, Martin
    Etima, D.Adrani, Alex Mawa, William Walya, Lilno, Jessica Nenia,
    Zaayoru Yena, John Anguzu, and Johnson Munuru, who were charged with
    inciting violence when ethnic Madi forcefully evicted several families
    of the Alur ethnic group from Kasomenga village in Rhino Camp
    subcounty, was pending at year's end.
        In August IGP Major General Kale Kayihura ordered an investigation
    of reports that police were harassing ethnic Somalis resident in the
    country. Ethnic Somalis accused the police of extortion, harassment and
    intimidation following the July 11 bombings in Kampala. There were no
    reports of findings of the investigation at year's end.

        Indigenous People.--The Batwa were the original inhabitants of land
    used by the Government in 1992 to establish Mgahinga National Park,
    Bwindi Impenetrable National Park, and Echuya Central Forest Reserve.
    Numbering approximately 6,700 persons, the displaced Batwa lived in the
    districts of Bundibugyo, Kisoro, Kabale, Kanungu, Masaka, and Mbarara
    in the southwest and had limited access to education, health care,
    land, and economic opportunities. They were also prevented from
    pursuing hunting, gathering, and other traditional ways of life and
    often suffered food shortages. In March the United Organization for
    Batwa Development petitioned parliament to recognize Batwa rights to
    their former ancestral land to preserve their cultural values. The
    Government did not effectively protect their civil and political
    rights.

        Societal Abuses, Discrimination, and Acts of Violence Based on
    Sexual Orientation and Gender Identity.--Lesbian, gay, bisexual, and
    transgender (LGBT) persons faced discrimination and legal restrictions.
    It is illegal to engage in homosexual acts, based on a 1950 legal
    provision from the colonial era criminalizing ``carnal acts against the
    order of nature'' and prescribing a penalty of life imprisonment. No
    persons had been convicted under the law. On October 12, police in
    Kampala arrested one individual for alleged homosexuality, and on
    October 15 a court in Kampala charged the individual with homosexuality
    and released him on bail. Hearing of the case was pending at year's
    end.
        In September 2009 parliamentarian David Bahati introduced a draft
    ``antihomosexuality bill'' that would impose punishments ranging from
    imprisonment to the death penalty on individuals twice convicted of
    ``homosexuality'' or ``related offenses'' to include ``aiding and
    abetting'' homosexuality, ``conspiracy to engage'' in homosexuality,
    the ``promotion of homosexuality,'' or ``failure to disclose the
    offense'' of homosexuality to authorities within 24 hours. This draft
    legislation remained in the committee stage during the year but
    resulted in increased harassment and intimidation of LGBT persons.
    Although the Government did not endorse the draft legislation, several
    senior members of government and President Museveni's Cabinet openly
    expressed homophobic sentiment despite the High Court's December 2008
    ruling that constitutional rights apply to all persons, regardless of
    sexual orientation.
        LGBT persons were subject to societal harassment, discrimination,
    intimidation, and threats to their wellbeing during the year.
    Individuals openly threatened members of the LGBT community and their
    constitutional rights during several public events. For example, on
    April 15 in Jinja, Pastor Martin Ssempa led a march against
    homosexuality, and during an April 17 event against homosexuality at a
    church in Kampala, Ssempa showed a pornographic slideshow to audience
    members, which included several children. During these rallies
    participants openly threatened LGBT individuals.
        In its annual report for 2009, released in October 2010, the UHRC
    determined that the draft antihomosexuality bill violates the Ugandan
    constitution and international law.
        On October 10, an obscure local tabloid published the names,
    photographs, and, in some cases, residential locations of several LGBT
    activists under the headline ``Hang Them.'' On November 1, the High
    Court issued an injunction blocking the tabloid from further
    publication of information pertaining to homosexuality pending
    resolution of a court case filed by three LGBT activists, including
    David Kato. The case was pending at year's end.
        On December 13, Ethics and Integrity Minister Nsaba James Buturo
    prevented the UHRC and UN OHCHR from screening a documentary on Ugandan
    human rights defenders that Buturo alleged promoted homosexuality. In
    the film, one human rights defender criticized Uganda's draft
    antihomosexuality bill for violating the rights of Ugandan citizens by
    forcing health care workers to report alleged gay and lesbian
    individuals to authorities. In a December 15 press conference, the UHRC
    defended the documentary and criticized Buturo for violating the UHRC's
    constitutional independence.
        The April 2009 case against activists Fred Wasukira and Brian
    Mpadde, accused of involvement in homosexual acts, was pending. In
    September, police dismissed the June 2009 case in which Charles Ayeikoh
    was accused of homosexual acts.

        Other Societal Violence or Discrimination.--Discrimination against
    persons with HIV/AIDS was common and prevented such persons from
    obtaining treatment and support. International and local NGOs, in
    cooperation with the Government, sponsored public awareness campaigns
    to eliminate the stigma of HIV/AIDS. Counselors encouraged patients to
    be tested with their partners and family so that they all received
    information about living with HIV/AIDS. Persons living with HIV/AIDS
    formed support groups to promote awareness in their communities.
    Section 7. Worker Rights

        a. The Right of Association.--The law allows workers, except for
    ``essential'' government employees, including police, army, and
    management level officials, to form and join independent unions, but
    all unions must be registered either under the National Organization of
    Trade Unions or the Confederation of Trade Unions. The law allows
    unions to conduct their activities without interference. Union
    officials estimated that more than 1.2 million workers were potential
    union members but only 300,000 workers were paid-up members.
        The law criminalizes any effort by an employer to obstruct the
    right of association; however, the Government generally did not enforce
    this provision. Labor activists claimed certain companies continued to
    bar employees from joining unions, including Dot Services and Cementers
    and Multiplex (both road construction companies); Mansons, a clearing,
    forwarding and transport company; West Nile Rural Electrification
    Company; BIDCO Uganda Ltd., an edible oil company; Mukwano
    Manufacturing Industries; Kawere Coffee Ltd; Kibimba Rice Scheme; Roko;
    Uganda Cement; as well as several other construction companies,
    supermarkets, and private universities.
        The law provides for the right to strike, and workers exercised
    this right; however, government policy required labor and management to
    make ``every effort to reconcile labor disputes before resorting to
    strike action.'' The Government did not always protect the right to
    strike, and police arrested persons who engaged in organizing strikes
    during the year.
        For example, on September 5, police arrested 12 sugarcane cutters
    of Lugazi Sugar Corporation during a strike to protest low pay and poor
    working conditions. On September 6, police released the workers after
    the intervention of the National Union of Plantation and Agricultural
    Workers Uganda. On September 20, Lugazi Sugar Corporation management
    signed an agreement to increase the workers' pay 17 percent, from
    80,000 shillings ($35) to 104,000 shillings ($45) per month for a
    period of two years. The workers also staged a brief strike in May 2009
    to protest low pay and poor working conditions.
        Police used excessive force to stop striking workers.
        For example, on September 7, police in Hoima District killed Dennis
    Bazara and Benard Byabasaija and injured several others during a strike
    at British American Tobacco (BAT) Uganda. The workers were protesting
    the company's delayed payment of their August salaries. Authorities
    arrested police officers Augustine Kasangaki, Luke Mbusa, and Romeo
    Ojara, who were implicated in the shooting, and an investigation was
    ongoing. On September 15, the Hoima Police Disciplinary Court started
    hearing the trial of Kasangaki, Mbusa, and Ojara and charged them with
    manslaughter. The suspects were remanded to prison until September 28.
    On September 21, police fired live bullets to disperse striking cane
    cutters of Kinyara Sugar Works. The workers were protesting low pay.
    There were no reported injuries. Following discussions with the union,
    management agreed to pay the cane cutters.

        b. The Right to Organize and Bargain Collectively.--The law
    provides for collective bargaining; however, the Government did not
    protect this right in practice. Some employers ignored the legal
    requirement to enter into collective bargaining agreements with
    registered unions; only a few employers recognized the agreements. On
    September 8, the Uganda Flower Exporters Association comprising 20
    companies signed a collective bargaining agreement with Uganda
    Horticultural and Allied Workers Union. The agreement commits the
    companies to uphold workers' rights and enhance their salaries. No
    public service unions, including medical staff and teachers, were
    allowed to negotiate their salaries and employment terms. The
    Government fixed the terms and conditions for all civil service
    workers.
        As in 2009, there were no reports of antiunion discrimination
    during the year. The Government denied the registration of the Central
    Organization of Labor Unions, a union umbrella organization that broke
    away from the only legally registered consortium due to leadership
    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, particularly in prisons. While
    the law does not expressly prohibit prison labor, it states that such
    labor becomes forced if the worker is ``hired out to or placed at the
    disposal of a private individual, company, or association.'' NGOs and
    the UHRC reported that forced labor was a problem in local prisons
    nationwide. Prison officials hired out prisoners to work on private
    farms and construction sites where the prisoners were often overworked.
        Prison officials routinely supplemented their wages with cash crops
    grown by prisoners on prison grounds. Male prisoners performed arduous
    physical labor, while female prisoners produced marketable handicrafts
    such as woven basketry. Juvenile prisoners performed manual labor,
    often for 12 hours a day. Compensation, when paid, generally was very
    low. In July the Government announced that it would provide funds to
    prison administrators to pay prisoners for work performed, but no
    funding was released. Some wardens reportedly used income generated
    from prisoner labor to pay prisoners. Prisoners do not have savings
    accounts, but prison accounting staff recorded wages owed in a book.
        In June prison authorities began investigating allegations that
    police arrested over 1,300 individuals and forced them to work on large
    commercial farms. Reports alleged that police arrested citizens on idle
    and disorderly charges and sent them on remand to Butoro, Kasangati,
    and other prisons where they were forced into labor. A report of the
    investigation was pending at year's end.
        Exploitive child labor predominantly occurred in transport, mining,
    street vending/begging, scrap collecting, stone quarrying, brick-
    making, road construction/repair, car washing, fishing, domestic nanny/
    housekeeper service, bar/club service work, border smuggling, and
    prostitution. In all of these areas, there were likely occurrences of
    forced labor.
        For information on trafficking in persons, please see the
    Department of State's annual Trafficking in Persons Report at
    www.state.gov/g/tip.

        d. Prohibition of Child Labor and Minimum Age for Employment.--The
    law prohibits employers from hiring workers below the age of 18;
    however, statutory orders issued by the Ministry of Gender, Labor and
    Social Development permit the employment of children between the ages
    of 14 and 18, and 13-year-olds are allowed to engage in ``light work''
    provided it does not interfere with education. Children under the age
    of 12 are prohibited from being employed in any business or workplace,
    and all children are prohibited from being employed during school
    hours. Nevertheless, child labor was common, especially in the informal
    sector.
        Many children left school and engaged in agricultural or domestic
    work to help meet expenses or perform the work of absent or sick
    parents, a situation common throughout the country. The problem was
    particularly acute among the large orphan population. In June 2009 the
    Bureau of Statistics estimated that more than 1.76 million or 17
    percent of children between the ages of five and 17, including 798,451
    girls, were involved in child labor.
        In urban areas children sold small items on the street, worked in
    shops, begged for money, and were involved in the commercial sex
    industry. Children were also employed in stone quarries, cattle
    herding, brick making, and commercial farming of tea, coffee,
    sugarcane, vanilla, tobacco, and rice. The Ministry of Gender, Labor
    and Social Development reported new incidents of the worst forms of
    child labor, including children involved in illicit activities such as
    cross-border smuggling. Government officials noted that child
    exploitation in the informal sector was of particular concern and was
    difficult to investigate. Children were known to be working as
    subsistence farmers, and domestic servants. There were also known
    instances of children in prostitution.
        The International Labor Organization (ILO) and the Federation of
    Uganda Employers sponsored a 2008 survey on child labor in the
    fisheries and tobacco industries which found that most of the 291
    children sampled worked long hours and that 71 percent were involved in
    hazardous work. Of the children involved with fisheries, 31 percent
    worked at night, and all were exposed to waterborne diseases, fatigue,
    a high risk of contracting HIV/AIDS, and injuries. Children on tobacco
    farms worked long days, dropped out of school during peak periods of
    tobacco production, and were exposed to dangerous chemicals, smoke, and
    dust.
        Institutions responsible for enforcing child labor laws and
    policies include the National Council of Children, the police force's
    Child and Family Protection Unit, the Industrial Court, and the
    Ministry of Gender, Labor and Social Development; however, financial
    constraints limited efforts. The ministry continued to offer social
    services to children working in the worst forms of child labor and
    other target groups, and it conducted training for staff, local
    leaders, and district labor inspectors. Sixty Ministry of Gender, Labor
    and Social Development district labor officers were responsible for
    reporting on child labor issues at the local level nationwide. The
    Government coordinated its efforts to stop child labor through the
    National Steering Committee on Child Labor, which included
    representatives of the Ministry of Gender, Labor and Social
    Development, the Ministry of Education and Sports, the Ministry of
    Local Government, the Federation of Uganda Employers, the National
    Organization of Trade Unions (NOTU), NGOs, journalists, and academics.
    The steering committee last met in January. However, due to lack of
    funds and logistical support, district labor officials have not
    conducted child labor inspections since 2004.
        The Government organized a number of child labor awareness
    workshops, disseminated printed information, and sponsored radio and
    television discussions to educate the public on child labor issues. The
    Government also cooperated with the ILO, foreign governments, and NGOs
    on several initiatives to combat child labor, including the education
    and reintegration of children into their communities. Several human
    rights NGOs continued programs to remove children from hazardous work
    situations.
        For information on trafficking in persons, please see the
    Department of State's annual Trafficking in Persons Report at
    www.state.gov/g/tip.

        e. Acceptable Conditions of Work.--The minimum legal wage was set
    in 1984 at 6,000 shillings ($2.59) per month, a rate that did not
    provide a decent standard of living for a worker and family and was not
    effectively enforced. The Government and the private sector negotiated
    a new monthly rate of 54,000 shillings ($23.35) in 2003; however, the
    2003 rate had not been implemented by year's end.
        The law includes provisions for district labor inspectors to
    ``secure the enforcement of legal provisions relating to conditions of
    work and the protection of workers while engaged in their work;''
    however, no inspections were carried out during the year, due in part
    to financial constraints.
        In industries that employed workers on an hourly basis, the normal
    workweek was 40 hours. The legal maximum workweek is 48 hours; however,
    exceptions can be made with agreement of the employer and employee. The
    law provides for an employee who works in excess of 48 hours per week
    to be remunerated at the minimum rate of 1.5 times the normal hourly
    rate for the overtime hours and two times the hourly rate on public
    holidays. The law also states that working hours may not exceed 10
    hours per day or 56 hours per week, including overtime hours; however,
    an employee may work in excess of 10 hours a day if the average number
    of hours over a period of three weeks does not exceed 10 hours per day
    or 56 hours per week. Employees are granted a 30-minute break for every
    eight-hour work shift. For every four months of continuous employment,
    an employee is entitled to seven days of paid annual leave per calendar
    year. Many industries paid workers annual increments or bonuses as
    payoffs to avoid overtime.
        The law establishes occupational health and safety standards, and
    the MGLSD's Department of Occupational Health was responsible for
    enforcement of occupational safety regulations. In practice inspections
    were very rare, primarily due to the lack of vehicles and funding for
    inspection trips, and standards were not effectively enforced. The law
    also provides workers the right to remove themselves from situations
    that endanger their health or safety without jeopardy to their
    employment. However, there were reports that workers were dismissed for
    their refusal to perform dangerous work. All workers, including foreign
    and migrant workers, were covered under the law.
        NOTU officials recorded seven deaths due to poor safety practices
    at several construction projects during the year.

                                   __________

                                     ZAMBIA

        Zambia is a republic of 13.3 million citizens governed by a
    president and a unicameral national assembly. The ruling Movement for
    Multiparty Democracy (MMD) exerted considerable influence through its
    patronage and allotment of government resources. In a 2008 by-election,
    then-vice president Rupiah Banda was elected president in generally
    free and fair multiparty elections. Security forces reported to
    civilian authorities.
        Human rights problems included unlawful killings; torture,
    beatings, and abuse of suspects and detainees by security forces;
    official impunity; life-threatening prison conditions; arbitrary
    arrests and prolonged pretrial detention; long trial delays; arbitrary
    interference with privacy; restrictions on freedom of speech, press,
    assembly, and association; government corruption; violence and
    discrimination against women; child abuse; trafficking in persons;
    discrimination based on sexual orientation and against persons with
    disabilities; restrictions on labor rights; forced labor; and child
    labor.
                            respect for human rights
    Section 1. Respect for the Integrity of the Person, Including Freedom
            From:

        a. Arbitrary or Unlawful Deprivation of Life.--There were no
    reports that the Government or its agents committed politically
    motivated killings; however, security forces committed unlawful
    killings during the year. The Legal Resources Foundation (LRF), an
    independent human rights nongovernmental organization (NGO) that
    counseled victims' families and represented them in actions against the
    Government, consistently investigated and publicized such incidents;
    however, the Government rarely punished perpetrators. Police and
    government officials encouraged police officers to use their weapons
    when apprehending suspects, despite a government directive that
    restricted the use of firearms by police officers and a government
    pledge to retrain police on the use of force.
        On September 3, three police officers in Chipata were arrested in
    connection with the killing of three suspects. The officers reportedly
    shot the suspects when they attempted to flee while leading police to a
    place where the suspects had hidden carcasses of cattle they had
    stolen.
        On October 23, police reportedly killed two individuals in Mongu
    during a protest by the Barotse Freedom Movement (see section 6).
        There were no developments, and none were expected, in the February
    2009 police killing of Maybin Chongo or in the following 2008 cases:
    the April police beating to death of Alfred Nyanga; the May police
    beating to death of Robert Chimwang'a; and the September alleged
    killing of Gregory Kalezhi by a police patrol.
        Unlike in previous years, there were no reports that mobs killed
    suspected criminals; nor that police were accused of abuse; nor that
    persons were accused of witchcraft, mental illness, or sexual
    impropriety.
        There were no developments, and none were expected, in the February
    2009 mob killing of alleged arsonist and murderer ``Kalaye'' and in the
    following 2008 cases: the February mob stoning to death of a minibus
    driver; the March mob stoning of two men, one of whom died; and the
    April killing by a mob that stoned and set ablaze a man.

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

        c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
    Punishment.--The constitution prohibits such practices; however, police
    frequently used excessive force including torture when apprehending,
    interrogating, and detaining criminal suspects or illegal immigrants.
    In 2008 the Government's Human Rights Commission (HRC) reported that
    torture was prevalent in police stations and noted that ``police
    officers continue to rely on torture as an interrogation technique.''
    The HRC urged the Government to draft and enact legislation that would
    criminalize torture and provide for compensation to victims; however,
    no legislation had been drafted by year's end. Authorities also
    detained, interrogated, and physically abused family members or
    associates of criminal suspects in attempts to identify or locate the
    suspects. Officers who tortured, beat, or otherwise abused suspects
    generally were not disciplined or arrested for such acts.
        On September 7, the NGO Human Rights Watch (HRW) reported that
    police routinely engage in cruel, inhuman, and degrading treatment,
    including torture, to extract confessions. Based on interviews
    conducted at six prisons, the report noted, ``They described what
    happened to them in police custody, before they were transferred to
    prison. Dozens of detainees said they had been beaten with metal bars,
    hammers, broom handles, police batons, sticks, or even electrified
    rods. Many said they had been bound first and hung upside down.'' On
    June 25, HRW wrote to Minister of Home Affairs Mkhondo Lungu and Chief
    Inspector of Police Simon Kabonde requesting that they investigate and
    halt these abuses. On September 11, Lungu publicly denied reports that
    police abused and tortured prison inmates. He also noted that human
    rights are an integral part of law enforcement training.
        On November 12, residents of the Garden Compound, Lusaka, rioted
    and burned a police station and six vehicles following reports that
    police tortured a man who later died in police custody. Inspector
    General of Police Francis Kabonde denied the reports of torture on
    November 13.
        On March 14, two Mazabuka police officers reportedly assaulted
    Christopher Perkins Liwoyo after he photographed them while acting as a
    freelance photographer. Liwoyo sustained minor injuries and did not
    press charges after being discouraged from doing so. Authorities did
    not take administrative action against the officers.
        On September 8, a magistrate awarded Shadreck Nkhuwa and Isaac
    Chilombo 10 million kwacha ($2,000) each after police detained and
    tortured them in Mumbwa for two days in 2004.
        On September 21, Ndola police reportedly shot and wounded 24-year-
    old Conrad Mutale while he participated in a protest.
        There were no new developments, and none were expected, in the
    March 2009 reported police abuse of Edward Nkonde and Ephraim
    Munshimfwa; the July 2009 alleged police abuse of Cornelius Mwape; and
    the July 2009 charge of negligence of duty against an officer who
    detained a pregnant woman. There were also no new developments in the
    2008 alleged police abuse of Monde Naluli.
        There were instances of mob violence reported during the year.
        On February 4, a mob reportedly beat Chingola police officer
    Matandi Sitali in reaction to allegations that he had attempted to rape
    a woman.
        On September 9, a mob in Kitwe beat a police officer who allegedly
    stole a mobile phone from an accident victim at an accident scene.
        There were no new developments, and none were expected, in the mob
    beating of Konde Mamadi in August 2009.
        According to human rights groups, police occasionally demanded sex
    from female detainees as a condition for their release. There also were
    reports that police officers raped women and young girls while they
    were in custody.

        Prison and Detention Center Conditions.--Prison conditions were
    poor and life threatening. An inefficient judiciary delayed court
    proceedings, which contributed to the holding of large numbers of
    pretrial detainees in prison for extended periods and exacerbated
    overcrowding. The country's prisons, which were built to hold 5,500
    inmates, held nearly 15,300 prisoners and detainees. For example,
    Lusaka Central Prison, which was designed to accommodate 200 prisoners,
    held more than 1,500. By law the police can detain suspects up to 24
    hours in holding cells before transferring them to a ``remand prison.''
    ``Remand prisons'' were supposed to house detainees prior to conviction
    exclusively but, in practice, were also used to hold convicted
    prisoners. Prison conditions in remand prisons did not generally differ
    from those in other prisons.
        Poor sanitation, dilapidated infrastructure, inadequate and
    deficient medical facilities, meager food supplies, and lack of potable
    water resulted in serious outbreaks of dysentery, cholera, and
    tuberculosis, which the overcrowding exacerbated. Prisons generally had
    inadequate provision for ventilation, temperature, lighting, and basic
    and emergency medical care.
        Prisoners routinely complained that authorities denied them access
    to medical care as provided by law. Failure to remove or quarantine
    sick inmates and the lack of infirmaries at many prisons resulted in
    the spread of airborne illnesses such as tuberculosis, leading to the
    reinfection and death of prisoners. According to a report by HRW, the
    prison service estimated tuberculosis rates at over 5 percent, more
    than 10 times the rate outside of prisons. Drugs to combat tuberculosis
    were available, but the supply was erratic. Many prisoners were
    malnourished because they received only one serving of cornmeal and
    beans per day, called a ``combined meal'' because it represented
    breakfast, lunch, and dinner.
        On April 27, HRW issued a major report detailing massive
    overcrowding exacerbated by large numbers of pretrial detainees held
    for extended periods without trial; incidences of torture, and other
    violence administered by prison officials and other inmates; inadequate
    medical services; and poor sanitation and nutrition in prisons that
    manifested themselves in high rates of HIV/AIDS, tuberculosis, and
    other diseases. The HRC estimated that the HIV/AIDS prevalence rate in
    prisons in 2008 was 27 percent. Antiretroviral treatment was available
    to some prisoners with HIV/AIDS; however, poor nutrition often rendered
    the treatment ineffective. Authorities denied many prisoners access to
    condoms.
        Juveniles often were not held separately from adults. Women and men
    were generally held separately. Prison conditions for women were
    somewhat better than for men. HRW estimated that women make up 18
    percent and juveniles 10 percent of all prisoners. Incarcerated women
    who had no alternative for child care could choose to have their
    infants and young children with them in prison until the children
    reached the age of four. However, prisons provided no food or medical
    services to such children, so mothers had to share their rations with
    children, in an environment that often exposed the children to disease
    without medical care. Pretrial detainees were not held separately from
    convicted prisoners.
        Prisoners and detainees had reasonable access to visitors and were
    permitted religious observance. The Government did not actively
    investigate or monitor prison and detention center conditions.
    Prisoners and detainees generally could not submit complaints to
    judicial authorities or request investigation of credible allegations
    of inhumane conditions. Authorities did not investigate these
    allegations or document the results of such investigations in a
    publicly accessible manner.
        The Government conducted some investigations of prison and
    detention conditions. In January 2009 the HRC Children's Rights
    Committee visited three reformatory centers and documented violations
    of children's rights in those centers. According to the committee's
    report released during the year, reformatory centers recorded cases of
    child abuse in the form of corporal punishment.
        In 2009 HRC chairperson Pixie Yangailo visited Kasama Central
    Police Station and described conditions at the station as ``pathetic.''
    She noted that suspects were forced to sleep on the floor without
    blankets.
        The HRC recommended in its 2009 report that prisons be
    rehabilitated to meet acceptable humane and sanitary standards and that
    prisoners be separated by age and gender. The Government had not
    responded to these recommendations by year's end.
        The Government permitted prison visits by both domestic and
    international NGOs and by resident foreign diplomats during the year.
    The International Committee of the Red Cross (ICRC), provincial human
    rights committees, and the LRF periodically inspected prisons during
    the year. The ICRC performed its visits in accordance with standard
    modalities. The country did not have ombudsmen who could serve on
    behalf of prisoners and detainees to consider such matters as
    alternatives to incarceration for nonviolent offenders to alleviate
    inhumane overcrowding; addressing the status and circumstances of
    confinement of juvenile offenders; improving pretrial detention, bail,
    and recordkeeping procedures to ensure prisoners do not serve beyond
    the maximum sentence for the charged offense.

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

        Role of the Police and Security Apparatus.--The Zambian Police
    Service (ZPS), divided into regular and paramilitary units under the
    Ministry of Home Affairs (MoHA), has primary responsibility for
    maintaining law and order. The Zambia Security Intelligence Service
    (ZSIS), under the Office of the President, is responsible for
    intelligence and internal security. The Central Police Command in
    Lusaka oversees nine provincial police divisions with jurisdiction over
    police stations in towns countrywide. Although the Government
    identified a need for 27,000 police officers and hired 1,500 new
    officers during the year, only 17,400 police were on duty at year's
    end. The HRC recommended in its 2009 report that the police increase
    its budget, enhance logistical support, improve working conditions for
    police officers, and implement human rights training as well as
    punitive and preventative measures to curb police misconduct. The
    Government had not responded to these recommendations by year's end.
        The approximately 21,600-member defense forces, divided into the
    army, air force, and national service, have primary responsibility for
    defending sovereignty and territorial integrity and cooperating with
    the appropriate civilian authority in times of emergencies and natural
    disasters. The defense forces have domestic security responsibility
    only in cases of national emergency. By law, the vice president
    declares a national emergency in cases of natural disasters, and the
    president declares a national emergency in a state of war,
    insurrection, hostilities, or public emergency. Each service has a
    commander who reports to the minister of defense. Paramilitary units of
    the ZPS, customs officers, and border patrol personnel conduct patrols
    on lakes and rivers.
        The Drug Enforcement Commission (DEC) is responsible for enforcing
    the laws on illegal drugs, fraud, and money laundering. The DEC employs
    approximately 300 agents to oversee illegal drug enforcement and
    interdiction.
        Lack of professionalism, investigatory skills, and discipline in
    the security forces remained serious problems. Low salaries and
    substandard government housing exacerbated police corruption, as did
    poor working conditions.
        In an effort to address these issues, the Police Public Complaints
    Authority (PPCA) met during the year to review complaints regarding
    police conduct that were not resolved through internal police channels.
    The PPCA reported that between January and September, it received 143
    complaints of police misconduct: 31 were related to unlawful detention;
    50 to unprofessional conduct; 20 to police brutality; 20 to abuse of
    authority; 20 to unlawful debt collection; one to interference in a
    marriage; and one to death in police custody. The PPCA recommended to
    the MoHA permanent secretary disciplinary action in the form of
    punishment or dismissal in 26 of the 143 cases. Of the remaining
    complaints, the PPCA recommended nine for other disciplinary action
    while it dismissed the allegations in 94 cases and continued to
    investigate 14 cases. Many cases of abuse went unreported due to
    citizen ignorance of the PPCA and fear of retribution.
        Many complainants dropped their cases after involved police
    officers intimidated complainants or offered compensation to avoid a
    formal PPCA investigation, according to the PPCA.
        Security forces failed to prevent societal violence during by-
    elections (see section 3).

        Arrest Procedures and Treatment While in Detention.--The
    constitution and law provide that authorities must obtain a warrant
    before arresting a person for some offenses; other offenses have no
    such requirement. For example, police are not required to obtain a
    warrant when they suspect that a person has committed offenses such as
    treason, sedition, defamation of the president, unlawful assembly, or
    abuse of office. In practice police rarely obtained warrants before
    making arrests.
        According to the law, suspects being arrested must be informed of
    their rights, including the immediate right to an attorney. The law
    provides that persons arrested must appear before a court within 24
    hours of their arrest; however, detainees were frequently held for much
    longer periods because prosecutors routinely required that officers
    collect additional evidence before presenting cases to a magistrate.
    The law provides for prompt judicial determination of the legality of
    charges against a detainee; however, authorities often did not inform
    detainees promptly of charges against them.
        There was a functioning bail system; however, prisons were
    overcrowded in part because indigent detainees and defendants did not
    have the means to post bail or were held for offenses for which bail is
    not granted, including treason, murder, aggravated robbery, and
    violations of narcotics laws. In practice police generally did not
    respect prisoners' right to apply for bail. The Government's legal aid
    office, responsible for providing representation for indigent detainees
    and defendants in criminal or civil cases, assisted few arrestees.
        Arbitrary arrest and detention remained problems. Police
    arbitrarily arrested family members of criminal suspects. Criminal
    suspects were arrested on the basis of insubstantial evidence,
    uncorroborated accusations, or as a pretext for extortion. Police
    officials disciplined some officers found engaging in extortion of
    prisoners, including suspensions and written reprimands, although
    dismissals for extortion were rare.
        Prolonged pretrial detention was a problem, and some defendants
    awaited trial for as long as 10 years. Approximately one-third of
    persons incarcerated in remand prisons and other prisons had not been
    convicted of a crime or received a trial date. Broad rules of procedure
    give wide latitude to prosecutors and defense attorneys to request
    delays or adjournments. According to human rights groups, prison
    administrators routinely altered paperwork to make it appear as though
    prisoners had appeared before a magistrate when they had not, often
    because prison authorities had no fuel to transport prisoners to
    courts. Judicial inefficiency, lack of resources, and lack of trained
    personnel also contributed to prolonged pretrial detention.
        In one case uncovered during the year, a 14-year-old boy had been
    held in a remand prison for two years without being brought to trial.
        Siavonga resident Norbert Chisanga was convicted by the Siavonga
    Magistrate's Court and imprisoned in 2006 for defiling three girls.
    However, at year's end, he still awaited final sentencing by the Lusaka
    High Court. Lusaka resident Over Mumba was convicted by the Lusaka
    Magistrate's Court and imprisoned in 2005 for heroin possession; at
    year's end, he still awaited final sentencing by the Lusaka High Court.
    Zacheous Sakala had been held in pretrial detention since 2002 without
    conviction. The HRC demanded in 2008 that the judiciary resolve his
    case.
        There were no new developments, and none were expected, in the 2008
    case of alleged unlawful detention of Rachel Bwalya and the case of
    Ernest Banda, who had been in detention since 2005.

        Amnesty.--A total of 825 prisoners were granted amnesty during the
    year. On May 25, in commemoration of the Africa Freedom Day, President
    Banda pardoned 350 prisoners. On October 24, President Banda ordered
    473 prisoners released as part of the country's independence day
    celebrations. On December 8, President Banda pardoned two prisoners who
    were jailed for three years for contempt of court.

        e. Denial of Fair Public Trial.--The constitution and law provide
    for an independent judiciary; however, the Government did not
    consistently respect judicial independence, and the judicial system was
    hampered by inefficiency, corruption, and lack of resources. Government
    officials used their offices to circumvent standard police and judicial
    procedures. However, during the year the courts at times made judgments
    and rulings critical of the Government. In several instances, the
    courts awarded damages in cases of police and other security force
    abuse or unlawful arrest.
        Accused military personnel may appear for summary trial before
    their commanding officers or be referred for trial in a military court
    by a court-martial. A court-martial sentence can be appealed to the
    Supreme Court. Military courts cannot try civilians and generally
    provided the same rights as civil criminal courts. The ZPS uses police
    tribunals to resolve internal police matters. Police tribunals try
    cases of police misconduct. However, they cannot try civilians or
    criminal cases involving police officers, but generally they provided
    the same rights as civil criminal courts.
        The constitution permits judges to serve on the Supreme and High
    Court up to age 65. The president, in consultation with the Judicial
    Service Commission, may permit a judge at age 65 to continue in office.
    The president, in consultation with the commission, may also appoint a
    judge to the Supreme or High Court for a period of up to seven years.
        There were no new developments, and none were expected, in the June
    2009 appeal to the Supreme Court by Lusaka businessmen Faustin Kabwe
    and Aaron Chungu to order Supreme Court Chief Justice Ernest Sakala and
    Justice Peter Chitengi to vacate their offices because they had passed
    the constitutionally mandated retirement age of 65.
        There were 165 magistrates at the end of the year. Attorneys who
    had a law degree held approximately 41 magistrate positions during the
    year; lay magistrates filled the rest. However, poor working conditions
    caused many magistrates to leave their jobs. The HRC recommended in its
    2009 report that the Government increase the number of magistrates and
    magistrate courts, improve accused persons' access to bail, and reduce
    abuses of judicial authority. The Government had not responded to these
    recommendations by year's end.

        Trial Procedures.--Defendants are considered innocent until proven
    guilty, and trials in the High Court as well as in magistrate and local
    courts are public. Juries are not used; a magistrate renders judicial
    decisions and determines sentences. Although trials are open to the
    public, the public is not permitted to comment on an ongoing case.
    Defendants have the right to be present and to consult with an
    attorney; however, many defendants lacked the resources to retain a
    lawyer. The law provides for free legal counsel when indigent
    defendants face serious charges; however, public defenders were
    overwhelmed with cases, and many defendants did not have legal
    representation. Defendants can confront or question witnesses against
    them and present evidence and witnesses on their behalf. Defendants and
    their attorneys have access to government-held evidence relevant to
    their cases. Defendants have the right to appeal.
        Although statutory (common) law extends these rights to all
    citizens and is generally applied equally, the 1964 Local Courts Act
    permits local courts to employ customary (tribal or traditional) laws
    that vary widely throughout the country. Statutory law takes precedence
    over customary law, and any citizen may bring a case to magistrate
    court. However, the Government encourages the use of customary law by
    local courts to augment the justice system and resolve disputes in
    rural areas. Lawyers are barred from participating in proceedings in
    courts that apply customary law, and there are few formal rules of
    procedure. Local court justices frequently do not have legal training
    but are expected to be versed in the traditions and customs of the
    ethnic group the court represents. Local courts cannot sentence
    convicted persons to imprisonment; they impose fines as punishment.
    Customary law sometimes discriminates against and denies the rights of
    some groups, particularly women and children.
        Courts were congested, and there were significant delays in trials
    while the accused remained in custody. In cases in which the
    magistrate's court did not have jurisdiction, at least six months
    elapsed before a magistrate committed the defendant to the High Court
    for trial. Following committal, preparation of the magistrate court
    record for transmittal to the High Court took months or, in some cases,
    as long as a year. Once a case reached the High Court for trial, court
    proceedings lasted an average of six months.

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

        Civil Judicial Procedures and Remedies.--There is an independent
    and impartial judiciary in civil matters, and complainants have access
    to the High Court to seek damages for human rights abuses. There are
    administrative remedies available as well as judicial remedies for
    alleged wrongs. However, there were problems enforcing civil court
    orders due to insufficient judicial resources.

        f. Arbitrary Interference With Privacy, Family, Home, or
    Correspondence.--The constitution and law prohibit such actions;
    however, the Government frequently did not respect these prohibitions
    in practice. The law requires a search or arrest warrant before police
    may enter a home, except during a state of emergency. Police routinely
    ignored this requirement and arrested suspected criminals at their
    homes without an arrest warrant.
        The law grants the DEC, ZSIS, and the police authority to monitor
    communications using wiretaps on the basis of a warrant based on
    probable cause. On June 9, The Post newspaper alleged that Inspector
    General of Police Francis Kabonde obtained some journalists' phone
    records from a mobile service provider without a warrant.
        Authorities sometimes detained, interrogated, and physically abused
    family members of criminal suspects to obtain their cooperation in
    identifying or locating suspects.
    Section 2. Respect for Civil Liberties, Including:

        a. Freedom of Speech and Press.--The constitution and law provide
    for freedom of speech and of the press; however, the Government
    restricted these rights in practice. The law includes provisions that
    may be interpreted broadly to restrict these freedoms.
        The Government allowed but sometimes attempted to impede
    individuals' right to exercise public or private spoken criticism by
    using intimidation; for example, it thwarted the ``Red Card'' protest
    campaign, in which participants peacefully held up red cards to protest
    against various government actions, by arresting three individuals for
    disturbing the peace (see section 2.b.). On March 18, Ndola magistrate
    Kelvin Limbani sentenced Darius Mukuka to 18 months' imprisonment for
    defaming President Banda in a public bar. On May 25, President Banda
    pardoned Mukuka.
        The Government allowed press criticism but sometimes attempted to
    impede it using intimidation. The Government-controlled Times of Zambia
    and Zambia Daily Mail were two of the most widely circulated
    newspapers. The Government exercised considerable influence over both
    newspapers, including reviewing articles prior to publication and
    censuring individuals responsible for published articles that
    criticized the Government. Opposition political parties and civil
    society groups complained that government control of the two newspapers
    limited their access to mass communication. Journalists in the
    Government-controlled media generally practiced self-censorship.
        The international media generally operated freely.
        The independent media were active and expressed a wide variety of
    views. A number of privately owned newspapers questioned government
    actions and policies. Although these circulated without government
    interference, officials used the law to suppress criticism of political
    or other leaders. Government officials and ruling MMD party supporters
    repeatedly targeted the leading independent newspaper, The Post, with
    criticisms, threats, and litigation for publishing information critical
    of the Government.
        The law permits presidential investigative tribunals to call as
    witnesses journalists and media managers who printed allegations of
    parliamentary misconduct. Failure to cooperate with a tribunal can
    result in charges of contempt, which are punishable by up to six months
    in prison. The media criticized these provisions as clear infringements
    of freedom of the press and claimed it was a means for
    parliamentarians, some of whom concurrently served the president in
    cabinet positions, to bypass the court system.
        On June 3, Magistrate David Simusamba found Fred M'membe, editor in
    chief of The Post, guilty of one count of contempt of court for
    publishing an article commenting on a case dismissed in 2009 against
    Chansa Kabwela, an editor with The Post. On July 7, M'membe was
    released on bail. His appeal remained pending at year's end.
        On July 31, MMD supporters in Ndola reportedly harassed and
    threatened with violence The Post newspaper reporter Abigail Chaponda
    for alleged bias against their party.
        On November10, the Lusaka High Court ordered the arrest of Zambian
    Watchdog editor Lloyd Himaambo and former spokesperson of former
    president Chiluba, Emmanuel Mwamba, for contempt of court. Himaambo had
    published articles purportedly written by Mwamba analyzing evidence in
    a criminal case. Their case remained pending at year's end.
        On November 11, MMD Lusaka Province Youth Chairman Chris Chalwe was
    sentenced to one year at hard labor for a July 2009 assault on
    journalists Chibaula Silwamba and Anthony Mulowa.
        There were no developments, and none were expected, in the February
    2009 assault on photojournalist Thomas Nsama and the May 2009 assault
    on journalists George Chellah and Eddie Mwanaleza.
        In addition to a government-controlled radio station, there were
    numerous private radio stations. The Government-owned Zambia National
    Broadcasting Corporation (ZNBC) was the principal local-content
    television station. Several private television stations, including
    foreign-owned media, also broadcast locally. The Government detained
    and censured individuals responsible for programs the Government deemed
    offensive. Opposition political parties and civil society groups
    charged that government control of the ZNBC limited their access to
    mass communication.
        On June 18, Ministry of Information and Broadcasting Public
    Relations Officer Betniko Kayaya threatened to revoke Radio Sky FM's
    license for broadcasting programs the ministry considered a threat to
    peace and security.
        On November 20, Ministry of Information and Broadcasting Permanent
    Secretary Sam Phiri reportedly threatened to revoke Radio Lyambai's
    license for hosting a program to discuss the Barotse Agreement (see
    section 6).

        Internet Freedom.--There were no government restrictions on access
    to the Internet or reports that the Government monitored e-mail or
    Internet chat rooms. Individuals and groups could engage in the
    peaceful expression of views via the Internet, including by e-mail.
    Although the Internet was available to and used by citizens, a lack of
    infrastructure limited public access. According to International
    Telecommunication Union statistics for 2009, approximately 6.3 percent
    of the country's inhabitants used the Internet.

        Academic Freedom and Cultural Events.--There were no government
    restrictions on academic freedom or cultural events. Although the law
    gives university councils at the three public universities a mandate to
    address faculty concerns, the minister of education may appoint council
    members. Some academics criticized this provision as an infringement of
    academic freedom.

        b. Freedom of Peaceful Assembly and Association.--Freedom of
    Assembly.--The constitution and law provide for freedom of assembly;
    however, the Government restricted this right in practice. Although the
    law does not require a permit to hold a rally, it requires organizers
    to notify police seven days in advance. Police are empowered to decide
    when and where rallies are held and who may address participants. The
    Government on occasion used the law's broad mandate to change
    arbitrarily the time and date of rallies, particularly of opposition
    political parties and NGOs, and did so during the year, including
    during by-election campaigns.
        Although there were no cases of police using violence to disperse
    protests, police reportedly condoned and committed acts of violence in
    the Mufumbwe by-election (see section 3).
        On March 12, Kitwe police arrested and detained Catholic priest
    Frank Bwalya for three days for reportedly distributing red cards at a
    Youth Day event in Kitwe. Bwalya co-organized the ``Red Card Campaign''
    to encourage the public to flash red cards to protest the Government.
    On March 13, Bwalya was charged with breaching the peace. His case
    remained pending at year's end.
        On August 3, Ndola police arrested and detained a woman and her 13-
    year-old son for allegedly flashing a red card at President Banda's
    motorcade. Both were charged with conduct likely to cause breach of
    peace and released the same day after admitting guilt and paying a
    50,000 kwacha ($10) fine.
        The case against Patriotic Front (PF) Members of Parliament (MP)
    Mumbi Phiri and Jean Kapata, who were arrested for protesting the
    acquittal of former president Frederick Chiluba in October 2009,
    remained pending. There were no developments in the 2008 police
    shooting of two University of Zambia students in Lusaka.

        Freedom of Association.--The law provides for freedom of
    association, but the Government placed some limits on this right. All
    organizations must formally apply for registration to the MoHA
    Registrar of Societies. However, the registration process was long and
    permitted considerable discretion on the part of the registrar. During
    the year there were no cases in which the registrar refused to register
    an organization.
        On February 25, the Lusaka High Court upheld the 2004 decision by
    the Government to deregister the NGO Southern African Centre for the
    Constructive Resolution of Conflict (SACCORD) on grounds that it was
    inimical to national security. SACCORD received a temporary injunction
    permitting it to continue operations pending a hearing by the Supreme
    Court.

        c. Freedom of Religion.--For a complete discussion of religious
    freedom, please see the 2010 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. However, the Government intermittently limited in-country
    movement. Police used roadblocks to control criminal activity, enforce
    customs and immigration regulations, check drivers' documents, and
    inspect vehicles for safety compliance. Police sometimes extorted money
    and goods from motorists at these roadblocks.
        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. There were no restrictions on refugees'
    travel inside the country, but refugees were required to have
    permission from the Government to move or live outside refugee camps.
    Such permission was frequently granted.
        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, and the Government has established a system
    for providing protection against the expulsion or return of refugees to
    countries where their lives or freedom would be threatened on account
    of their race, religion, nationality, membership in a particular social
    group, or political opinion.
        The Government also provided temporary protection to individuals
    who may not qualify as refugees. There were reports during the year
    that the Government expelled Zimbabweans and other foreign nationals
    who could not provide evidence that they were refugees and were
    therefore considered irregular migrants.
        In late 2009 reports surfaced about corruption at Maheba Refugee
    Settlement. During government action on February 24 to restore order at
    Maheba following refugee protests over the corruption allegations,
    security forces killed one refugee, injured several others, arrested
    150, and deported 36. On April 13, the UNHCR protested the
    deportations, stating that the refugees were not given any notice or
    explanation for their expulsion. The Government subsequently acted to
    address corruption concerns at the settlement by investigating the
    allegations.
        According to the UNHCR, by the end of the year, the country hosted
    47,500 refugees, mainly from Angola and the Democratic Republic of
    Congo (DRC). The Government assisted in the repatriation of 9,200
    Congolese refugees during the year. On November 10, the Government
    officially closed Kala and Mwange refugee camps after assisting in the
    voluntary repatriation of over 6,000 Congolese refugees to the DR Congo
    and an additional 2,000 to Maheba refugee camp. With the final push on
    Congolese repatriations, it was estimated that only 6,000 Congolese
    refugees remained in the refugee settlements at year's end. Of the
    refugees in the country, 38 percent have settled on their own volition
    outside official refugee camps and settlements.
        Refugees at Kala, Mwange, and other camps were provided access to
    basic services, education, and police and courts. Government policy
    limited refugees' legal employment options to refugee camps, except
    where refugees obtained specific government authorization for
    employment outside camps.
    Section 3. Respect for Political Rights: The Right of Citizens to
            Change Their Government
        The constitution and law provide citizens the right to change their
    government peacefully, and citizens exercised this right in practice
    through periodic elections held on the basis of universal suffrage.

        Elections and Political Participation.--In October 2008 then-vice
    president Rupiah Banda was elected president in a generally free and
    fair by-election conducted following the August 2008 death of then-
    president Levy Mwanawasa.
        The law requires all elected officials except the president and
    vice president to vacate their offices from the time parliament is
    dissolved prior to running for election. The vice president is
    appointed and dismissed by the president. During the year several by-
    elections were held after incumbent deaths or resignations. Reports of
    vote buying and misappropriation of government resources for unfair
    political advantage continued and, in some cases, were challenged in
    court.
        In April 29 by-elections, United Party for National Development
    (UPND) candidate Eliot Kamondo was elected MP representing Mufumbwe and
    MMD candidate Watson Banda was elected MP representing Milanzi.
    Elections-related violence contributed to four deaths and multiple
    injuries in Mufumbwe. Some observers alleged that ruling party
    supporters in both constituencies engaged in vote buying, misused
    government vehicles, distributed food and clothing for partisan
    purposes, and promised local development projects to entice voters to
    vote for their candidates. Some observers noted that security forces
    protected ruling party supporters but did not act to curb violence and
    even participated in violence against opposition supporters or voters.
    On December 15, Lusaka High Court Judge Philip Musonda nullified the
    election of Kamondo in Mufumbwe, citing the levels of violence as
    having disenfranchised voters. Some observers asserted that the court's
    ruling favored the ruling party, although Musonda denied that political
    factors influenced his decision. Kamondo appealed the decision to the
    Supreme Court.
        On August 5, PF candidate Susan Kawandami was elected MP
    representing Chifubu and Charles Milupi was re-elected to represent
    Luena. Milupi ran for his own seat after joining the Alliance for
    Democracy and Development party. Some observers alleged that MMD
    supporters in both constituencies engaged in vote buying and misuse of
    government resources for partisan purposes. On October 25, UPND
    candidate Cosmas Moono was elected MP representing Chilanga and MMD
    candidate Given Mung'omba was elected MP for Mpulungu. Observers
    alleged that the Chilanga election was accompanied with isolated
    instances of political violence while in both elections there was
    misuse of government resources for partisan purposes.
        Political parties could operate without restriction or outside
    interference, and individuals could independently run for election.
    However, the ruling MMD exerted considerable influence over the
    electoral process by using government resources to conduct political
    campaigns.
        There were 22 women in the 158-seat parliament, four in the 27-
    member cabinet, and four on the Supreme Court. There was one minority
    MP; there were no minorities serving in the cabinet or on the Supreme
    Court. There were no female or minority provincial ministers. Political
    parties did not allocate parliamentary seats to minorities or women.
        On June 22, the National Constitutional Conference (NCC) concluded
    its work and published a revised draft of the constitution proposed by
    the 2005 Mung'omba Constitutional Review Commission. During a 40-day
    public comment period, the NCC incorporated some changes suggested by
    civil society organizations and the public. On August 31, the NCC
    submitted the final amended draft constitution to the minister of
    justice for submission to parliament. Some civil society groups,
    including large umbrella organizations representing women's and church
    groups, maintained their boycott of the NCC in protest of what they
    perceived as disproportionate government and ruling party
    representation.
    Section 4. Official Corruption and Government Transparency
        The law provides criminal penalties for official corruption, and
    the Government attempted to implement the law; however, some officials
    engaged in corrupt practices with impunity. Petty corruption among the
    police and other public authorities was particularly problematic.
    Police, who enjoyed a high degree of impunity, released prisoners for
    bribes, extorted money from victims, and required ``document processing
    fees'' or ``gas money'' to commence investigations.
        The World Bank's latest worldwide governance indicators reflected
    that corruption was a serious problem.
        On March 15, the Government announced its National Anti-Corruption
    Policy Implementation Plan. The Anti-Corruption Commission (ACC), which
    reports independently to the president, is responsible for combating
    government corruption. The Government continued its collaboration with
    the international community to improve its capacity to investigate and
    prevent corruption. Parliamentary committees sustained their scrutiny
    of executive branch operations and resolved some irregularities
    reported by the Office of the Auditor General (OAG). The ACC continued
    its prosecution and public educational activities. In 2009 the ACC
    received 2,073 reports of corruption, 658 of which were investigated.
    Of those, eight resulted in convictions. The ACC maintained a toll-free
    hotline for reports of corrupt practices.
        There remained a widespread public perception that corruption was
    pervasive in almost all government institutions.
        Controls over government funds and property were often weak,
    investigative units often lacked authority and personnel, and officials
    dealing with the public frequently demanded illicit payments with
    impunity. Additionally, the Government had no clear policy for handling
    evidence in corruption cases, and the process to liquidate assets
    seized in these cases was not transparent.
        Public officials were not subject to financial disclosure laws,
    although presidential candidates were required to disclose financial
    assets when filing their candidacies with the Supreme Court.
        On April 13, parliament enacted the Public Interest Disclosure
    (Whistleblowers Protection) Act, the Forfeiture of Proceeds of Crime
    (Asset Forfeiture) Act, and the Plea Negotiations and Agreements (Plea
    Bargaining) Act. The Whistleblowers Protection Act protects those who
    report incidents of corruption and entitles them to anonymity,
    compensation, relocation, and employment reinstatement. The act does
    not protect those who air complaints publicly in the press. The Asset
    Forfeiture Act allows the Government to seize and confiscate illegally
    obtained property. The Plea Bargaining Act establishes a formal plea
    bargaining mechanism, which is designed to be employed in corruption
    cases.
        On November 3, parliament passed the Anti-Corruption Commission Act
    of 2010, which removed clauses in the existing law providing for abuse
    of office by public officials as a ground for corruption prosecutions.
    These clauses had authorized prosecutors to investigate and prosecute
    officials if they had abused their offices to amass wealth and/or
    maintain a standard of living beyond their means. Some civil society
    and opposition figures criticized the change as weakening
    anticorruption efforts because it eliminated a legal statute used to
    convict some officials of corruption.
        During the year the Government investigated and prosecuted
    corruption cases.
        For example, on May 18, the OAG published an audit report of the
    Roads Development Agency (RDA) indicating that it spent 985 trillion
    kwacha ($195.5 million) more on road projects than appropriated by
    parliament and noted several financial irregularities. On August 21,
    the parliamentary Public Accounts Committee found that the RDA board of
    directors provided insufficient oversight. Resolution of the audit
    findings remained pending at year's end.
        On May 26, a Lusaka court convicted Chansa Kabwela, a member of
    parliament and former finance minister, of corruption for accepting a
    $5,500 bribe (in U.S. dollars) in connection with irregular payments
    made to two security companies. He was sentenced to five years at hard
    labor. His appeal in the High Court remained pending at year's end.
        On August 13, High Court Judge Evans Hamaundu dismissed a petition
    to register in the country a 2007 London High Court judgment of 23
    million UK pounds ($46 million) against former president Fredrick
    Chiluba and seven others. Hamaundu ruled that Zambian law did not allow
    foreign judgments to be registered directly, although some previous
    foreign judgments have been registered.
        During the year the Government arrested seven Ministry of Health
    (MOH) officials in connection with the alleged embezzlement of more
    than 35.7 billion kwacha ($7.14 million) at the MOH. The case remained
    pending at year's end.
        In February 2009 a judge convicted former minister of lands Gladys
    Nyirongo of corrupt practices and abuse of authority and sentenced her
    to four years' imprisonment with hard labor. On October 8, the High
    Court upheld her conviction but reduced her sentence to two years'
    simple imprisonment. Nyirongo appealed to the Supreme Court. The case
    remained on appeal at year's end.
        In March 2009 a judge convicted former president Chiluba's wife
    Regina of theft and sentenced her to three-and-a-half years'
    imprisonment in a case stemming from items she illegally received from
    her husband while he served as president. On December 7, the Lusaka
    High Court overturned Regina Chiluba's conviction, and the prosecution
    declined to appeal the case.
        The law does not provide for public access to government
    information; however, the Government provided information to media and
    other interested parties, including foreign media, on an informal
    basis. Information related to defense and security forces was withheld
    from the public for reasons of national security.
    Section 5. Governmental Attitude Regarding International and
            Nongovernmental Investigation of Alleged Violations of Human
            Rights
        A number of domestic and international human rights groups
    generally operated without government restriction, investigating and
    publishing their findings on human rights cases. Government officials
    were somewhat cooperative and responsive to their views.
        Although the Government enacted a law to regulate NGOs in August
    2009, it had not officially implemented the law by year's end. Many
    NGOs expressed concern that government officials would use the new law
    to punish or disband NGOs for publicly expressing critical views on
    human rights and governance issues. NGOs claimed that the bill would
    force NGOs to focus on the Government's development priorities at the
    expense of their own objectives and that the Government-controlled NGO
    Registration Board created by the law would exert political pressure on
    NGOs.
        The Government regulated some NGOs prior to the law's
    implementation. On January 14, then-minister of home affairs Lameck
    Mangani directed the Registrar of Societies to come up with details
    about the Press Association of Zambia Executive Committee to ascertain
    the leadership's legality. On February 12, the Government opened an
    investigation into allegations that the Media Institute of Southern
    Africa had committed financial irregularities. On March 18, Mangani
    announced that eight NGOs were under investigation for alleged money
    laundering and other illegal activities, and the Registrar of Societies
    was scrutinizing some NGOs' mandates. The timing of his announcement
    coincided with vocal opposition to government proposals for statutory
    media regulation by the independent media and some NGOs.
        The Government generally cooperated with local human rights
    observers and international human rights and humanitarian NGOs. The
    Government cooperated with international governmental organizations and
    permitted visits by UN representatives, the ICRC, and other
    organizations.
        The HRC monitored human rights conditions, interceded on behalf of
    persons whose rights it believed were denied by the Government, and
    spoke on behalf of detainees and prisoners. The HRC oversees local
    human rights committees in all nine provincial capitals and nominally
    enjoyed the Government's cooperation without substantial political
    interference. However, independent human rights groups noted that the
    HRC was understaffed, underfinanced, and relied on the police to
    enforce its recommendations.
        The HRC noted in its 2009 report abuses by the judiciary and the
    police and called on the Government to implement reforms, including
    further criminalizing human rights violations. Citing funding
    insufficiency, the HRC did not issue an annual report during the year.
    Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
        The constitution and law prohibit discrimination based on race,
    ethnic group (tribe), gender, place of origin, marital status,
    political opinion, color, disability, language, social status, or
    creed. However, the Government did not effectively enforce the law, and
    violence and discrimination against women and children, discrimination
    based on sexual orientation, trafficking in persons, and discrimination
    against persons with disabilities remained problems.

        Women.--The law prohibits rape, and courts have discretion to
    sentence convicted rapists to life imprisonment with hard labor.
    However, rape was widespread. The Government did not enforce the law
    effectively and obtained few rape convictions. In 2009 the ZPS's Victim
    Support Unit (VSU) recorded 244 cases of rape, 60 cases of attempted
    rape, and 188 cases of indecent assault; 111 defendants were convicted,
    22 were acquitted, and 25 cases were withdrawn. However, these totals
    underestimated the problem's actual extent. The law does not
    specifically prohibit spousal rape, and penal code provisions that
    criminalize rape cannot be used to prosecute cases of spousal rape.
        Domestic violence against women was a serious problem, and wife
    beating was widespread. There is no specific law against domestic
    violence, including spousal abuse, and cases of domestic violence were
    prosecuted under the penal code's general assault provisions. Penalties
    for assault range from a fine to 25 years in prison, depending on the
    severity of injury and whether a weapon was used during the assault.
    The VSU was responsible for handling cases of domestic assault, wife
    beating, mistreatment of widows, and property expropriation (grabbing)
    by the deceased husband's relatives. In practice the police were often
    reluctant to pursue reports of domestic violence and preferred to
    encourage reconciliation.
        The Government and NGOs expressed continued concern about violence
    against women. Fear of retribution and cultural considerations deterred
    women from reporting domestic violence cases, and the VSU stated in a
    June 2009 report that this meant the full extent of sexual and gender-
    based violence was unclear. However, increased public awareness
    resulted in more reporting of such incidents to police and other
    authorities than in previous years. The VSU reported that victims often
    refused to cooperate and the unit lacked equipment to analyze forensic
    evidence. The Government operated gender-based violence shelters, a
    toll-free hotline, and eight one-stop centers to provide comprehensive
    assistance to victims of sexual and gender-based violence. During the
    year the Government provided gender-based violence training to more
    than 300 police officers.
        Sex tourism occurred but was not prevalent. Sexual harassment was
    common. The law only prohibits sexual harassment of children; however;
    the penal code contains provisions under which sexual harassment could
    be prosecuted. The Government has successfully prosecuted persons for
    such actions. The Government has also successfully prosecuted persons
    for other forms of harassment under other sections of the penal code.
        Although couples and individuals enjoyed the right to decide freely
    and responsibly the number, spacing, and timing of their children, they
    often lacked access to information. Scarcity of information effectively
    led to discrimination against women in the exercise of reproductive
    rights. Many women lacked access to contraception and skilled
    attendance during childbirth, including essential prenatal, obstetric,
    and postpartum care. UNICEF estimated that from 2003-08, the maternal
    mortality ratio was 590 per 100,000 live births. Women generally did
    not experience discrimination in terms of diagnosis and treatment for
    sexually transmitted infections. The number of women who received HIV
    testing and treatment increased substantially in recent years, and many
    more women than men sought treatment. Barriers that limited access to
    these services include economic and social discrimination as well as
    lack of access to health facilities.
        The law generally entitles women to equality with men. However, the
    Government did not adequately enforce the law, and women in practice
    experienced discrimination in employment, education, and land and
    property ownership. Women who were employed often suffered from
    discriminatory conditions of service, including pay inequity. Although
    the Ministry of Lands set aside special land quotas for women to
    redress the imbalance in property ownership, women lacked adequate
    access to credit to purchase land or property. In most cases, women
    remained dependent on their husbands or male members of their family to
    cosign for loans. As a result, few women owned their own homes or
    businesses, although some financial institutions allowed women to sign
    independently for loans. The Government was proactive in improving the
    status of women through legal protections and public awareness
    campaigns. The Ministry of Women, Gender, and Development (MOWGD) and
    the Gender in Development Division (GIDD) are the Government's primary
    agencies charged with promoting the status of women. The MOWGD
    coordinates gender policy while the GIDD plans, coordinates, and
    implements gender programs and policies across ministries.
        Local customary law generally discriminates against women. Despite
    constitutional and legal protections, customary law subordinates women
    with respect to property ownership, inheritance, and marriage. Polygamy
    is legally permitted under customary law. The practice of ``sexual
    cleansing,'' in which a widow is compelled to have sexual relations
    with her late husband's relatives as part of a cleansing ritual,
    continued as a practice under customary law. However, many local
    leaders banned the practice. The penal code prohibits ``sexual
    cleansing'' of children under the age of 16.
        Customary law dictates that rights to inherit property rest with
    the deceased man's family. Statutory law prescribes that the man's
    children equally share half of an estate, the widow 20 percent, the
    man's parents 20 percent, and other dependents 10 percent. In a
    polygynous marriage, the widow's share must be divided proportionally
    with other women based on the length of time each has stayed in the
    marriage. As a result, property grabbing from widows remained
    widespread. The courts generally consider property grabbing a criminal
    offense and mandate up to three years' imprisonment in these cases.
    However, most property grabbing cases were decided in local courts, and
    the fines they imposed were low.
        On December 10, UN Special Rapporteur on Violence Against Women,
    Rashida Manjoo, expressed concern over the country's use of customary
    law and stated that it contributed to discrimination against women and
    led to inconsistent application of justice in cases of violence against
    women.

        Children.--The Ministries of Labor and Social Security (MLSS),
    Sport, Youth, and Child Development (MSYCD), Community Development and
    Social Services (MCDSS), Home Affairs (MoHA), and Education shared
    responsibility for promoting children's welfare. However, scarce
    resources and ineffective implementation of social programs continued
    to hinder their ability to assist children.
        Citizenship is derived by birth within the country's territory or
    from one's parents. The Government's failure to register births did not
    result in the denial of public services, such as education or health
    care, to children. UNICEF indicated in 2009 that approximate 16 percent
    of urban births and 6 percent of rural births in the country were
    registered.
        Although government policy calls for free basic education through
    grade seven, education was not compulsory, and many children did not
    attend school. Contrary to government policy, many teachers and school
    administrators required students to purchase uniforms or pay a fee
    before allowing them to attend classes, preventing some children from
    attending school. The numbers of girls and boys in primary school were
    approximately equal; however, fewer girls attended secondary school.
    Sexual abuse by teachers discouraged many girls from attending classes.
        Although the law prohibits sexual harassment of children, child
    abuse and violence against children were common problems. Defilement,
    which the law defines as the ``unlawful carnal knowledge of a child
    under the age of 16,'' was particularly common. The police VSU recorded
    1,676 defilement cases in 2009; prosecutions resulted in 277
    convictions and 63 acquittals.
        Female genital mutilation (FGM) is prohibited under the country's
    penal code and has rarely occurred in practice. Most cases of FGM in
    the country have been limited to small communities of immigrants from
    other parts of Africa. There were no cases of FGM reported during the
    year.
        The 2007 Demographics and Health Survey published by the Central
    Statistical Office indicated that 46 percent of women between the ages
    of 20 and 49 were married by age 18, including 11.6 percent who were
    married by age 15. Child marriage was more common in rural areas than
    in urban centers. Although a person must be at least 16 years old to
    marry under the formal law, there is no minimum age under customary
    law. Some local leaders spoke against child marriage and took steps to
    discourage it; however, most condoned the practice. The Police and
    Magistrates' courts intervened in cases of gross abuse.
        The law criminalizes child prostitution and child pornography with
    penalties of up to life imprisonment for perpetrators. Child victims of
    prostitution are not charged unless they are also pimps over 12 years
    of age. However, the law was not enforced effectively, and child
    prostitution was common. The country has a statutory rape law that
    provides penalties of up to life imprisonment in rape cases. The
    minimum age for consensual sex is 16 years.
        There are a large number of displaced and institutionalized
    children. According to the 2007 Zambian Demographic and Health Survey,
    the country has approximately 1.1 million orphaned children under the
    age of 17, including approximately 600,000 children orphaned as a
    result of HIV/AIDS. Orphaned children faced greater risks of child
    abuse, sexual abuse, and child labor. The survey indicated that about
    four in 10 children under the age of 18 were not living with both
    parents. About one in five children under the age of 18 were not living
    with either parent, and 15 percent were orphaned.
        An estimated 20,000 to 30,000 children lived on the streets, often
    begging or prostituting themselves to survive. The joint MCDSS and ZPS
    Child Protection Unit (CPU) worked with the police to identify and
    assist street children. The MCDSS District Street Children Committee
    authorized the CPU to place children, including orphans and neglected
    children, in government- and NGO-operated shelters. The CPU
    reintegrated street children with their families, sent them to school,
    and placed others in shelters. The MCDSS also maintained a cash
    transfer scheme to target vulnerable families who might otherwise send
    minors into the streets to beg or work. The MSYCD continued its efforts
    to rehabilitate street children by providing education and skills
    training at two converted national service camps for up to 200 girls in
    Kitwe and for 400 boys in Chipata. After graduating from the camps, the
    children were placed in youth resource centers throughout the country,
    where they received training in carpentry, tailoring, farming, and
    other trades.
        The country is not a party to the 1980 Hague Convention on the
    Civil Aspects of International Child Abduction. For information on
    international parental child abduction, please see the Department of
    State's annual report on compliance at http://travel.state.gov/
    abduction/resources/congressreport/congressreport--4308.html.

        Anti-Semitism.--There were approximately 80 persons in the Jewish
    community; there were no reports of anti-Semitic acts.

        Trafficking in Persons.--For information on trafficking in persons,
    please see the Department of State's annual Trafficking in Persons
    Report at www.state.gov/g/tip.

        Persons With Disabilities.--The law prohibits discrimination in
    general, but there is no law that specifically prohibits discrimination
    against persons with physical, sensory, intellectual, or mental
    disabilities in employment, education, access to health care, or the
    provision of other state services or in other areas. Although the
    Government did not impose restrictions on persons with physical or
    mental disabilities from voting or participating in civic affairs, the
    law prohibits those with mental disabilities from holding public
    office. Persons with disabilities faced significant societal
    discrimination in employment and education.
        The MCDSS has responsibility for ensuring the welfare of persons
    with disabilities. Public buildings, schools, and hospitals rarely had
    facilities to accommodate persons with disabilities. The Government did
    not mandate accessibility to public buildings and services for persons
    with disabilities. In September 2009 The Post reported that conditions
    at the country's only mental health facility, Chainama Hills Mental
    Hospital, were generally good. No patterns of abuse of persons with
    disabilities in prisons were reported.

        National/Racial/Ethnic Minorities.--The country's seven major
    ethnic groups--Bemba, Kaonde, Lozi, Lunda, Luvale, Ngoni, and Tonga--
    are divided into 73 ethnic subgroups. The Government protected their
    civil and political rights and any existing rights under the domestic
    law to share in revenue from the exploitation of natural resources on
    indigenous lands. The Government generally permitted autonomy for
    ethnic minorities by encouraging the practice of local customary law.
    Some political parties maintained political and historical connections
    to indigenous groups and promoted their interests.
        The Government grants special recognition to the Barotse Royal
    Establishment (BRE) as the political authority of the Lozi ethnic
    group. However, the Government does not recognize the 1964 Barotseland
    Agreement signed by the United Kingdom, Northern Rhodesia, and the BRE
    immediately prior to Zambia's independence that granted the Lozi
    political autonomy. Some Lozi groups have demanded official recognition
    of Barotseland as an autonomous region. On October 9, police arrested
    Grace Likando, Muyangana Muyangana, and two other members of the
    Barotse Freedom Movement (BFM) for reportedly protesting without
    permission to advocate for the recognition of the agreement in the
    draft constitution. On October 23, police reportedly killed two
    individuals in Mongu during a BFM protest.

        Societal Abuses, Discrimination, and Acts of Violence Based on
    Sexual Orientation and Gender Identity.--The law criminalizes
    homosexual behavior and provides penalties of 15 years' to life
    imprisonment for individuals who engage in ``unnatural'' (homosexual)
    acts. A lesser charge of ``gross indecency'' carries penalties of up to
    14 years' imprisonment. The Government enforced the law that
    criminalizes homosexual conduct and did not respond to societal
    discrimination. Societal violence against homosexual persons occurred,
    as did societal discrimination in employment, housing, and access to
    education or health care. There were active groups promoting rights of
    such persons, but the MoHA Registrar of Societies continued to refuse
    to register them. Groups held social gatherings but did not participate
    in open demonstrations or marches. There were also social impediments
    to the operation and free association of organizations for LGBT
    persons.
        On September 20, five male students from Kabulonga Boys High School
    in Lusaka appeared in court on charges of gross indecent practices
    between persons of the same sex for allegedly having performed sexual
    acts on other male students. If convicted they face minimum of seven
    years' and maximum of 14 years' imprisonment. The case remained pending
    at year's end.

        Other Societal Abuses and Discrimination.--The Government actively
    discouraged discrimination against persons with HIV/AIDS. However,
    there was strong societal and employment discrimination against such
    individuals. Government officials made announcements discouraging such
    discrimination, but they did not publicly acknowledge cases of HIV/AIDS
    among government officials. As a result, the Government made little
    headway in changing entrenched attitudes of discrimination and denial.
        On May 26, the Livingstone High Court declared mandatory government
    testing of HIV/AIDS illegal. It awarded 10 million kwacha ($2,000) each
    to Stanley Kingaipe and Charles Chookole, two former air force officers
    who had sued the air force for dismissing them because they were
    diagnosed as HIV-positive. The court awarded damages because Kingaipe
    and Chookole were tested without their consent. However, the court
    upheld their dismissals on the basis that they were not dismissed due
    to their HIV status.
        Individuals increasingly sought free access to HIV/AIDS counseling
    and testing, and more than 300,000 HIV patients, including 23,000
    children, were receiving antiretroviral treatment by year's end.
    Section 7. Worker Rights

        a. The Right of Association.--The law allows workers to form and
    belong to trade unions of their choice without previous authorization
    or excessive requirements, and workers exercised these rights in
    practice. Police officers and military personnel were not permitted to
    form unions. Approximately two-thirds of the country's 300,000 formal
    sector employees were unionized. The law allows unions to conduct their
    activities without interference, and the Government generally protected
    this right in practice.
        The Industrial and Labor Relations Act governs union activity. No
    organization can be registered unless it has at least 25 members, and,
    with some exceptions, no trade union can be registered if it claims to
    represent a class of employees already represented by an existing trade
    union. Unions may be deregistered under certain circumstances; however,
    the law provides for notice, reconsideration, and right of appeal to an
    industrial relations court.
        The law provides the right to strike, except for those engaged in a
    broadly defined range of essential services, but requires that all
    other legal recourse be exhausted first. Essential services not
    permitted to strike include the defense force, judiciary, police,
    prison and health services, and the ZSIS. The law further defines
    essential services as any activity relating to the generation, supply,
    or distribution of electricity; the supply and distribution of water,
    and sewage removal; fire departments; and the mining sector. Because
    the process of exhausting other legal alternatives to striking is
    lengthy, most unions chose to strike illegally. The last legal strike
    in the country occurred in 1993. Workers who engaged in illegal strikes
    could be dismissed by their employers; the Government at times
    intervened for political reasons when such dismissals occurred. During
    the year there were no such dismissals.

        b. The Right to Organize and Bargain Collectively.--The right to
    collective bargaining, without government interference, is protected in
    law and freely practiced. The law also prohibits antiunion
    discrimination and employer interference in union functions, and the
    Government enforced this right.
        There are no known special laws or exemptions from regular labor
    laws in the Lusaka and Chambishi Multi-Facility Economic Zones.

        c. Prohibition of Forced or Compulsory Labor.--The law prohibits
    forced or compulsory labor, including by children; however, there were
    reports that such practices occurred in labor-intensive, informal-
    sector work such as domestic service, hospitality, agriculture,
    construction, and sexual exploitation. Forced labor occurred in the
    agriculture and mining sectors but was not common. The law authorizes
    the Government to call upon citizens to perform labor in specific
    instances, such as during national emergencies or disasters. The
    Government also may require citizens to perform labor associated with
    traditional civil or communal obligations, as when a traditional leader
    or other dignitary calls upon all members of a village to assist in
    preparing for a visit; however, there were no reports of such
    activities during the year.
        Also see the Department of State's annual Trafficking in Persons
    Report at http://www.state.gov/g/tip.

        d. Prohibition of Child Labor and Minimum Age for Employment.--The
    law prohibits employment of children at any commercial, agricultural,
    or domestic worksite and the engaging of a child in the worst forms of
    child labor as defined in international conventions. Nevertheless,
    child labor was a problem in subsistence agriculture, domestic service,
    construction, farming, transportation, prostitution, quarrying, mining,
    and other informal sectors, where children under the age of 15 often
    were employed, and the law was not enforced. The law also prohibits
    slavery and the procurement or offering of a child for illicit
    activities.
        The minimum age for employment is 15; for hazardous work, it is 18.
    The labor commissioner effectively enforced minimum age requirements in
    the industrial sector, where there was little demand for child labor;
    however, minimum age standards were seldom enforced in the informal
    sector, particularly in mining and agriculture. Zambia ratified ILO
    Convention 182 in 2001 but had not promulgated a list of occupations
    considered to be the worst forms of child labor. Among the worst forms
    prohibited by law are child prostitution, slavery in all its forms,
    forced military conscription of children, and work that is harmful to
    the safety, health, or morals of children and young persons.
        During the year children, particularly those who had lost both
    parents to HIV/AIDS, were sent to rural areas to be cared for by
    relatives, or they lived on the streets.
        The MLSS, MoHA, and MCDSS are responsible for the implementation
    and enforcement of child labor laws and regulations, with charges for
    violations that provide for penalties ranging from a fine to a maximum
    of 25 years' imprisonment, or both. Labor inspectors may also enter
    family homesteads and agricultural fields to check for child labor
    violations.
        Because more than 85 percent of child labor occurred in the
    agricultural sector, most often with the consent of families, the MLSS
    labor inspectors focused on counseling and educating families that
    engaged children in child labor and did not refer any cases for
    prosecution during the year. Due to the scarcity of transportation,
    labor inspectors frequently found it difficult to conduct inspections
    in some rural areas. In cooperation with NGO partners, the Government
    continued its efforts to remove children from abusive situations. The
    children, mainly orphans, were placed in formal and transitional
    classes, while others were given vocational skills training. Local
    governments maintained 16 district child labor committees to perform
    outreach and plan activities for vulnerable and working children. The
    purpose of the committees was to increase awareness of child labor laws
    and the harmful effects of child labor, to mobilize communities to
    eliminate the worst forms of child labor, and to monitor the
    implementation of child labor programs at the district and village
    levels. The Government continued to provide awareness and training
    activities for officials charged with enforcing child labor laws;
    however, the MLSS reported that resource constraints prevented it from
    providing all required training. The Government participated in several
    projects to combat child labor and had generally been supportive.
        For information on child trafficking, see the Department of State's
    annual Trafficking in Persons Report at http://www.state.gov/g/tip.

        e. Acceptable Conditions of Work.--The minimum wage in the formal
    sector was 268,000 kwacha ($53.60) per month, based on the legal
    maximum workweek of 48 hours. Significant parts of the workforce,
    including foreign and migrant workers, are not covered by minimum wage
    provisions and other acceptable conditions of work. The minimum wage
    for nonunionized workers, whose wages and conditions of employment were
    not regulated through collective bargaining, was determined by category
    of employment. The minimum wage did not provide a worker and family
    with a decent standard of living; most minimum wage earners
    supplemented their incomes through second jobs, subsistence farming, or
    reliance on extended family. The minimum wage act did not apply to
    domestic servants. The MLSS is responsible for enforcing the minimum
    wage, and its inspectors received and resolved complaints.
        For unionized workers, wage scales and maximum workweek limits were
    established through collective bargaining. In practice almost all
    unionized workers received salaries considerably higher than the non-
    unionized minimum wage. The standard workweek was 40 hours, and there
    were limits on excessive compulsory overtime, depending on the category
    of work. The law requires that workers earn two days of annual leave
    per month, and there is no limit on how much leave they can accrue. The
    law provides for overtime pay. Employers must pay employees who work
    more than 48 hours (45 hours in some categories) in one week at a rate
    of one and one-half times their hourly rate for their overtime hours.
    Workers receive double the rate of their hourly pay for work done on a
    Sunday or public holiday. The Government effectively enforced these
    standards.
        The law also regulates minimum health standards in industry, and
    city and district councils were responsible for enforcement. The
    inspector of factories under the minister of labor handled factory
    safety; however, staffing shortages limited enforcement effectiveness.
    The MLSS continued to conduct labor inspections during the year and
    ordered businesses to close when it found significant violations of
    labor laws.
        On June 21, 22 miners were seriously injured in an underground mine
    accident at the Chinese Collum Coal Mine (CCM) in Sinazongwe. On July
    21, four Chinese nationals at CCM reportedly assaulted miners Killian
    Chilindile and Chipo Muleya for failing to reach production targets.
    The case remained pending at year's end. On July 28, three miners were
    seriously injured in an underground mine accident at CCM. Although the
    Government closed the mine in 2009 for previous violations, it had not
    resolved these incidents by year's end.
        On October 15, two Chinese managers at CCM reportedly shot and
    wounded 13 Zambian employees in Sinazongwe as they protested over
    salaries and working conditions. The victims were hospitalized and
    later released. Officials from the Ministries of Mines and Labor and
    Social Security investigated the incident. CCM management agreed on
    November 10 to compensate the 13 Zambian workers between 20 and 45
    million kwacha ($4,000 and $10,000 each) in exchange for not pressing
    the Government to prosecute. Management also increased the minimum
    basic monthly salary of its workers.
        On November 6, police arrested a Chinese national, Bo Khan, for
    allegedly threatening to shoot his employees, Sankulani Phiri and
    Monica Sitali, after they tried to leave his residence without his
    permission. His case remained pending at year's end.
        The law protects the right of workers to remove themselves from
    work situations that endangered health or safety without jeopardy to
    their continued employment, but workers did not exercise this right in
    practice. The Government acted when well-known occupational health
    problems existed, such as by requiring that underground mine workers
    receive annual medical examinations.

                                   __________

                                    ZIMBABWE

        Zimbabwe, with a population of approximately 11.4 million, is
    constitutionally a republic, but the Government, dominated by President
    Robert Mugabe and his Zimbabwe African National Union-Patriotic Front
    (ZANU-PF) since independence, was not freely elected and was
    authoritarian. The last four national elections--the presidential
    election in 2002, parliamentary elections in 2005, harmonized
    presidential and parliamentary elections in March 2008, and the
    presidential run-off in June 2008--were not free and fair. In the March
    2008 elections, two factions of the opposition Movement for Democratic
    Change (MDC), known as MDC-T to denote Morgan Tsvangirai's faction and
    MDC-M for the group led by Arthur Mutambara, gained a parliamentary
    majority. Mugabe was declared the winner of the June 2008 run-off
    election after opposing candidate Tsvangirai withdrew due to ZANU-PF-
    directed violence that made a free and fair election impossible.
    Negotiations subsequently took place, and in September 2008 the three
    parties signed the Global Political Agreement (GPA), a power-sharing
    agreement under which Mugabe would retain the presidency and Tsvangirai
    would become prime minister. In February 2009 Tsvangirai was sworn in
    as prime minister, and new cabinet ministers and deputy ministers from
    MDC-T, MDC-M, and ZANU-PF also were sworn in. Although the constitution
    allows for multiple parties, ZANU-PF, through the use of government and
    paramilitary forces, continued to intimidate and commit abuses against
    members and supporters of other political parties and obstructed their
    activities. In numerous instances, ZANU-PF leadership took actions and
    implemented policies that were contrary to the terms set out in the
    GPA. In February 2009 the National Security Council (NSC) was
    established to provide policy oversight and guidance to the security
    forces and direction to the Joint Operation Command (JOC--a group of
    senior security and civilian authorities). There were instances in
    which elements of the security forces acted independently of civilian
    control.
        Security forces, police, and ZANU-PF-dominated elements of the
    Government continued to commit numerous, serious human rights abuses.
    ZANU-PF's dominant control and manipulation of the political process
    through trumped-up charges, arbitrary arrest, intimidation, and
    corruption effectively negated the right of citizens to change their
    government. There were no politically motivated killings by government
    agents during the year; however, security forces continued to torture,
    beat, and abuse non-ZANU-PF political activists and party members,
    student leaders, and civil society activists with impunity. Projections
    of an early election in 2011 also led to an increase in the number of
    cases of harassment and intimidation of civil society, humanitarian
    organizations, and the media toward the end of the year. Security
    forces continued to refuse to document cases of political violence
    committed by ZANU-PF loyalists against members of other political
    parties. Prison conditions improved but remained harsh and life
    threatening. Security forces, which regularly acted with impunity,
    arbitrarily arrested and detained political activists not associated
    with ZANU-PF, members of civil society, labor leaders, journalists,
    demonstrators, and religious leaders; lengthy pretrial detention was a
    problem. Executive influence and interference in the judiciary
    continued, and the Government infringed on citizens' privacy rights.
    The Government continued to use repressive laws to suppress freedom of
    speech, press, assembly, association, and movement. The Government
    restricted academic freedom. High-ranking government officials made
    numerous public threats of violence against demonstrators and political
    activists not associated with ZANU-PF. The Government continued to
    evict citizens and to demolish homes and informal marketplaces. Farm
    invasions continued, and the Government impeded nongovernmental
    organization (NGO) efforts to assist those displaced, as well as other
    vulnerable populations, albeit to a lesser degree than in 2009.
    Government corruption remained widespread. The following human rights
    violations also continued: government restrictions on domestic and
    international human rights NGOs; violence and discrimination against
    women; trafficking of women and children; discrimination against
    persons with disabilities, ethnic minorities, the lesbian, gay,
    bisexual, and transgender (LGBT) community, and persons with HIV/AIDS;
    harassment and interference with labor organizations critical of
    government policies; child labor; and forced labor, including by
    children.
                            respect for human rights
    Section 1. Respect for the Integrity of the Person, Including Freedom
            From:

        a. Arbitrary or Unlawful Deprivation of Life.--Unlike in 2009,
    there were no reports that the Government or its agents committed
    arbitrary or unlawful killings.
        There were three confirmed killings by political party supporters
    during the year. On April 17, ZANU-PF party activists and war veterans
    brutally beat Memory Chaduka, a female informal trader, in Masvingo for
    failing to contribute money toward Independence Day celebrations. Those
    who failed to make contributions to the Masvingo Informal Traders
    Association for the celebration were accused of being MDC supporters.
    Chaduka died of an extended injury resulting from broken ribs. ZANU-PF
    party activists also beat 25 other informal traders.
        On September 19, in Harare, ZANU-PF youths beat Chrispen
    Mandizvidza in the abdomen with unknown objects during a constitutional
    outreach meeting in Harare. Mandizvidza died on September 22 from a
    perforated bowel due to blunt trauma.
        On November 27, Augustine Mahute, an MDC activist, died from
    beating by ZANU-PF youths and then by police officers while in
    detention at Harare's Matapi Police Station. Mahute was involved in a
    dispute with ZANU-PF youths in the neighborhood. The youths also
    prevented Mahute's family from holding a funeral service by barring
    access to their house. Two individuals were injured in the skirmish.
        There were no developments in the torture and killing of Takunda
    Neshumba in March 2009 in police custody in connection with illegal
    diamond mining or in the beating and killing of Barnabas Makuyana in
    June 2009 by soldiers in Marange in connection with illegal diamond
    mining.
        There were no developments in the case of Arnold Mosterd, who died
    after being beaten in July 2009 by ZANU-PF supporters in Macheke,
    Mashonaland East. The suspects were originally arrested, but minister
    of state in the President's Office Didymus Mutasa reportedly ordered
    their release and allegedly told villagers to ``deal with'' strangers
    who visited the area inquiring about the killing, as they would be MDC
    supporters.
        There were no developments in the killing of MDC-T activist
    Godknows Dzoro Mtshakazi in August 2009 by four soldiers or the beating
    and killing of Moreblessing Tirivangani in September 2009 by soldiers
    in connection with illegal diamond mining.
        In 2009 at least 19 citizens died as a result of injuries sustained
    from political violence that targeted members of the opposition party
    in 2008, in addition to the more than 270 who died in 2008. The MDC-T
    released a statement in early July that named approximately 11,000
    perpetrators and catalogued them by province. Mashonaland East had the
    largest number--approximately 3,700--of perpetrators. The killings were
    primarily committed by members of ZANU-PF, ZANU-PF youth militia, war
    veterans, and, to a lesser extent, members of the military and police.
    At year's end, no one had been held legally accountable for the
    killings.
        There were no reported killings in connection with the Chiadzwa
    diamond fields during the year; 40 persons were killed there in 2009.
        In late 2008 security forces undertook a major operation to remove
    illegal diamond miners in the Marange/Chiadzwa area of Manicaland.
    Their brutal and heavy-handed approach resulted in hundreds of deaths.
        Despite the more than 270 confirmed killings resulting from
    political violence in 2008, there were no prosecutions or convictions
    in any of the cases. The Zimbabwe Human Rights NGO Forum filed 655
    suits in court against perpetrators for human rights violations. Of the
    total cases, 305 were filed against nonstate actors. By year's end,
    four cases were settled out of court, three cases were scheduled for
    trial, and 280 cases were referred to the community courts.
        During his annual address on Heroes' Day on August 9, President
    Mugabe stated that the Government would not punish those responsible
    for past politically motivated violence.

        b. Disappearance.--There were several credible reports of
    politically motivated abductions and attempted abductions during the
    year. MDC leaders reported that state security agents and ZANU-PF party
    supporters abducted and tortured dozens of MDC and civil society
    members, as well as student leaders, as part of an effort to intimidate
    them. The number of abductions spiked during the constitutional
    outreach process. In the majority of cases, victims were abducted from
    their homes or off the streets by groups of unidentified assailants;
    driven to remote locations; interrogated, assaulted, or tortured for
    one or two days; and abandoned. In some cases, the abducted person was
    located in police custody days or weeks later.
        On April 1, state security agents abducted Zivanai Muzorodzi, a
    Zimbabwe National Students Union (ZINASU) student leader, and beat him.
    The abduction came after Muzorodzi led a student demonstration on March
    29. Security agents in civilian clothing forced Muzorodzi from his
    house into a car and interrogated him as to why students were mixing
    student issues with national politics. Muzorodzi refused to divulge any
    information and, subsequently, was beaten and warned against future
    involvement in national politics.
        On May 27, in Masvingo security agents abducted and tortured two
    ZINASU leaders, Alec Tabe and Godfrey Kuraune. Tabe and Kuraune were
    organizing a demonstration against high examination fees at Masvingo
    Polytechnic. They were picked up by Central Intelligence Organization
    (CIO) agents, who then tortured them on their chests and genitals with
    a pair of pliers before leaving them at a nearby police station. Tabe
    and Kuraune were released after paying an admission of guilt fine to
    the police.
        On August 16, security agents abducted at gunpoint seven MDC-T
    supporters in Manicaland after the seven were accused of being vocal at
    a constitutional outreach meeting. All were found at the Chisumbanje
    police station on August 20. They were charged with disturbing the
    peace and released after paying $10 fines each.
        On December 24, three CIO agents in Chiredzi attempted to abduct
    Julius Mutavira and, failing to do so, assaulted him for being an MDC
    member. The agents arrived in an unmarked vehicle and tried to force
    Mutavira into the vehicle. Mutavira resisted and the agents beat him.
    Mutavira sustained severe injuries. He reported the incident to the
    Chikombedzi police station on December 28.
        There were no new developments in the following 2009 cases: the
    February abduction and beating of a ZANU-PF party activist, the March
    abduction and beating of an MDC-T leader, the May abduction and burning
    of an MDC-T party chairperson, and the May abduction and beating of 13
    MDC-T supporters.
        The Government did not investigate reported abductions.
        In 2008 multiple court cases were brought against 18 individuals,
    including 14 MDC-T members, three human rights activists, and one
    journalist, who were abducted and tortured by state security agents and
    then turned over to police. On August 30, the High Court held its first
    hearing on allegations of torture brought by one of the 18 individuals,
    Mapfumo Garutsa. The hearing was postponed, and police had not launched
    an investigation into the abductions by year's end.
        On August 13, the Government appealed a December 2009 magistrate
    court decision to dismiss contempt of court charges against Alec
    Muchadehama, who represented seven men who were abducted and tortured
    by state security agents and then were accused of involvement in
    various 2008 police station and railroad bombings; and court clerk
    Constance Gambara, who had prepared three of the defendants' orders of
    release on bail (see section 1.d.). In June 2009 Magistrate Chioniso
    Mutongi ruled that there was no reasonable suspicion that Muchadehama
    committed the alleged offenses. In October 2009 Mutongi suspended the
    trial due to the actions of an aggressive prosecutor whom he held in
    contempt of court. Magistrate Archie Wochiunga replaced Mutongi in
    November 2009 because the latter resigned due to harassment and
    threats. The Government appeal was pending at year's end.
        There were some developments related to the case of MDC-T activists
    Lloyd Tarumbwa, Terry Musona, and Fanny Tembo, who were abducted and
    tortured by security agents in 2008. In June 2009 authorities arrested
    MDC-T director general Toendepi Shonhe for testifying to their
    abduction. During a closed-door hearing with the judge and lawyers for
    the three abductees and the Government's lawyer, Shonhe had signed an
    affidavit stating that the three had been abducted. Shonhe was charged
    with perjury as a result of his statement (see section 1.d.). In August
    2009 the Government failed to produce credible witnesses, and Shonhe
    was acquitted. On January 18, Fanny Tembo and Emmanuel Chinanzvana were
    arrested on charges of killing a ZANU-PF councilor. They were released
    on the same day. The case was pending at year's end.
        There were no developments in determining the whereabouts of the
    following MDC-T activists identified as abducted in 2008: Gwenzi
    Kahiya, Ephraim Mabeka, Lovemore Machokoto, Charles Muza, and Edmore
    Vangirayi. Graham Matehwa was found alive in February 2009 near his
    home in Makoni district.

        c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
    Punishment.--Although the constitution prohibits torture and other
    cruel, inhuman, or degrading treatment or punishment, security forces
    continued to engage in such practices. Security forces continued to
    commit political violence, including torture of citizens in custody.
    Army and police units organized, participated in, or provided
    logistical support to perpetrators of political violence and generally
    permitted their activities. Police also continued to refuse to record
    reports of politically motivated violence or destruction of property.
    Police used excessive force in apprehending and detaining criminal
    suspects due to lack of resources, lack of training, and a culture of
    disregard for human rights. ZANU-PF supporters continued to assault
    suspected and known MDC members and their families, civil society
    activists, and student leaders. Violent confrontations between various
    youth groups aligned with either ZANU-PF or the MDC continued.
        Human rights groups reported that physical and psychological
    torture perpetrated by security agents and ZANU-PF supporters
    continued. Torture and other assault methods commonly reported included
    beating victims with sticks, clubs, whips, and cables; suspension;
    burning; electric shock; and falanga (beating the soles of the feet).
        During the year, one NGO reported 5,051 victims seeking treatment
    for injuries and trauma throughout the country. Approximately 65
    percent of the victims were male, and an estimated 7 percent were
    victims who had experienced injuries and trauma prior to this year. An
    estimated 93 percent did not declare an affiliation with any particular
    political, religious, or civil society group. Of the victims who
    reported their affiliation, nearly 40 percent were affiliated with the
    MDC; 34 percent were civilians with no affiliation; 10 percent were
    public officials; and 7 percent were associated with civil society
    organizations.
        On September 29, police in Bulawayo arrested Choga Njiva on
    allegations of armed robbery and the murder of a senior police officer.
    Njiva was denied access to lawyers for eight days on the ground of his
    crime being a ``very serious one.'' Njiva's lawyer gained access only
    after obtaining an order from the High Court. During detention Njiva
    suffered eight lacerations on the back from being whipped. He was
    hospitalized with three stitches on his eye, swollen genitals, a
    swollen chest, and fractured ribs. Magistrate Sibongile Msipa ordered
    an investigation on the allegations of torture within 14 days; however,
    an investigation had not taken place by year's end.
        On February 2, Magistrate Gloria Takundwa ruled that the Government
    had failed to produce evidence linking Pascal Gwezere to the theft of
    military weapons and acquitted him of all charges. In October 2009
    suspected security agents in Harare abducted and tortured MDC-T
    Transportation Manager Pascal Gwezere. He was suspended from the
    ground, beaten, and bitten on the face and ear to extract information
    about the MDC-T before the agents conducted a mock burial. Gwezere was
    taken to Harare Remand Prison and charged with stealing 21 weapons from
    a military barracks in Harare.
        Police repeatedly used cruel, inhuman, or degrading treatment or
    punishment against those in custody.
        For example, on April 15, six policemen beat 23-year-old Women of
    Zimbabwe Arise (WOZA) member Timothy Katyora at the Harare Central
    Police Station. Katyora attempted to turn himself in, along with a
    group of activists, in an act of solidarity with fellow WOZA members
    who had been arrested. Police took Katyora to a separate room and beat
    him over the head while they interrogated him. Katyora received medical
    treatment for bruising and headaches.
        On September 29, police in Harare arrested Tenda Muchada, the
    program manager for the Combined Harare Resident Association, for
    allegedly driving a car involved in a robbery. Muchada was taken to the
    police station and beaten on his feet. Police released him on September
    30 without charges.
        Police also used excessive force to disperse demonstrators. For
    example, also on April 15, riot police, armed with tear gas and
    shotguns, dispersed a peaceful WOZA demonstration of approximately 500
    women at the Zimbabwe Electricity Supply Authority headquarters in
    Harare. Police arrested 70 members, including a juvenile. Sixty-one
    members were released without charge on the same day. Jenni Williams,
    Magondonga Mahlangu, Clara Manjengwa, and Celina Makudani remained in
    custody at the Harare police station for five nights before they were
    released without charge. The Government refused to press charges
    against the four due to a lack of evidence. Police attempted to force
    the women to pay ``admission of guilt'' fines for their freedom. All
    women required medical attention for rashes, diarrhea, and flu symptoms
    incurred while in custody.
        Citizens were harassed or assaulted for listening to music or
    singing songs affiliated with the MDC-T. In early May, police disrupted
    a musical show featuring MDC-T legislator Paul Madzore. Madzore had
    obtained a court order for the show after the required notification to
    the police was denied for alleged security reasons.
        Within the security forces, intelligence officers and soldiers used
    torture to discipline and extract confessions from soldiers. For
    example, after several dozen weapons were discovered missing from the
    Pomona military barracks in Harare in October 2009, hundreds of
    soldiers were detained, questioned, and physically assaulted to extract
    confessions of theft of the weapons. The press reported that at least
    one soldier died in custody, likely as a result of injuries sustained
    during repeated torture. On May 20, Magistrate Munamato Mutevedzi
    ordered an investigation into the alleged torture after two of the
    soldiers, Chenjerai Gwirizha and Marksist Mwaruta, appeared in court.
    The case was pending at year's end.
        According to one NGO, at least 22,000 victims of the 2008 political
    violence had sought treatment, and approximately 10,200 of the cases
    received physical and psychological treatment; the others did not seek
    follow up treatment due to intimidation and lack of resources.
        NGOs reported no cases of rape being used as a tool of political
    violence.
        Youths and ``war veterans'' trained by ZANU-PF were also deployed
    to harass and intimidate MDC members; labor, student movement, and
    civic groups; journalists considered critical of the Government; and
    white farmers and their employees. During the four-day constitutional
    outreach process in Harare in September, one NGO treated 12 persons
    assaulted by ZANU-PF supporters. The injuries ranged from mild to
    serious.
        In early October in Gutu, ZANU-PF youths assaulted 10 villagers as
    punishment for attending the funeral of an MDC official. The youths
    ordered the villagers to lie on their stomachs before beating them with
    clubs and threatening them against attending future funerals of MDC
    members.
        On October 30, ZANU-PF supporters beat and stabbed MDC member
    Jonsaya Manyere after a constitutional outreach meeting in Harare where
    Manyere was actively contributing. Manyere suffered a head wound and
    was discharged from the hospital on November 8. Peter Garanewako,
    another MDC member, was also badly beaten by ZANU-PF sympathizers for
    his participation at another constitutional outreach meeting site in
    Harare on the same day. Neither incident was investigated by year's
    end.
        MDC members used violence and torture in retaliation for past ZANU-
    PF-led violence. For example, on April 3, Edron Mangove stabbed to
    death ZANU-PF supporter Nhamo Munechi. Munechi reportedly harassed and
    assaulted Mangove for being an MDC supporter in the 2008 presidential
    election run-off. Mangove fled the country after the assault, and no
    further information was available at year's end.
        Intraparty factionalism also resulted in violence. Between April 12
    and 14, MDC-T youth backing one faction within the party besieged
    Harvest House, the MDC-T headquarters. The youths assaulted the party's
    director general, Toendepi Shonhe, and stole his vehicle at knifepoint.
    When MDC-T officials requested police assistance to resolve the
    building seizure, police refused and claimed that the incident was
    infighting between party factions. The director of security for Harvest
    House then hired a private security firm to regain control and
    establish security within the building. Five youths detained several
    members of the security firm, locked them in a room, and beat them with
    tools for more than three hours. Since the police refused to pursue the
    case, the MDC-T investigated the incident and, on May 16, expelled the
    five youths, Rhino Mashaya, Shakespear Mukoyi, Stephen Jahwi, Todini
    Todini, and Francis Machimbidzofa from the party.
        No action was taken in the other 2008 or 2009 cases of abuse.

        Prison and Detention Center Conditions.--Prison conditions improved
    but remained harsh and life threatening. The Government's 46 main and
    22 satellite prisons were designed for a maximum of 17,000 prisoners.
    There are two remand prisons and one juvenile prison in the Zimbabwe
    Prison Service (ZPS). The ZPS estimated that there were between 13,500
    and 14,000 prisoners in the system at year's end, a number confirmed by
    the International Committee of the Red Cross. This constituted a
    significant reduction from a 2008 NGO estimate of 35,000 and the 2008
    government estimate of 22,000 to 24,000. Prison guards beat and abused
    prisoners. Poor sanitary conditions due to dilapidated prison
    infrastructure and overcrowding persisted, which aggravated health
    conditions and outbreaks of diarrhea, measles, tuberculosis, and HIV/
    AIDS-related illnesses.
        Lawyers, NGOs, and church officials familiar with prison conditions
    reported that, although the situation had improved since 2009,
    shortages of food, water, electricity, clothing, and soap continued.
    NGOs started working with the ZPS to revitalize 23 prison farms, which
    totaled approximately 35,830 acres of land, to ameliorate food
    shortages. NGOs reported that prisoners were able to produce enough
    maize for consumption and that malnutrition was no longer an endemic
    problem at year's end. Malnutrition was largely eliminated by
    therapeutic feeding and food assistance. Prisoners were fed at least
    once daily; however, nutritional deficiencies remained a critical
    problem.
        NGOs reported the death rate among prisoners was lower than in
    2009, although neither the ZPS nor NGOs provided information on the
    death rate during the year. In 2009 NGOs estimated the death rate was
    40 deaths per month, a reduction from the estimated 40 to 50 deaths per
    week during the height of the 2008 prison crisis. Most prison deaths
    between 2008 and 2009 were attributed to harsh conditions, hunger, and
    HIV/AIDS. NGOs continued to estimate that approximately 70 percent of
    prisoners were HIV-positive; the ZPS did not routinely test prisoners
    for HIV. Due to inadequate facilities, outdated regulations, and the
    lack of medical personnel and medication, the majority of prisoners
    suffered from routine medical conditions such as hypertension,
    tuberculosis, diabetes, asthma, and respiratory diseases. NGOs also
    reported cases of pellagra, a serious illness caused by protein
    deficiency, which causes severe diarrhea, dermatitis, and dementia.
    Poor lighting and ventilation also aggravated the situation.
        Prisoners and detainees had reasonable access to visitors and were
    permitted religious observance. All prisons engaged locally based
    chaplains to provide basic services. Church groups were able to conduct
    spiritual programs and humanitarian crusades in prisons. Visitor access
    was restricted primarily for maximum-security prisons. Authorities
    permitted prisoners to submit complaints, but investigations rarely
    were conducted. The ZPS conducted two assessments of prison center
    conditions, in January and in May, but the assessments were not
    released by year's end.
        NGOs estimated that there were 412 women in prison, 250 of whom
    were convicted as of June, and 72 children under the age of three lived
    with their incarcerated mothers. NGOs reported that female prisoners
    generally fared better than males. Female prisoners were held in
    separate wings of prisons and were guarded by female officials. Women
    generally received more food from their families than male prisoners.
    However, children living with their incarcerated mothers were required
    to share their mothers' food allocation. Prison officials also appeared
    to have prioritized food distribution to women. NGOs were unaware of
    women reporting rapes or physical abuse, which were common among the
    male population. NGOs suggested that female guards may have been more
    diligent about protecting female prisoners from abuse, and female
    prisoners may not have reported abuse. However, female prisoners
    continued to endure significant hardship. For example, prisons did not
    provide feminine sanitary supplies for women, resulting in frequent
    fungal infections, as female inmates were forced to reuse torn pieces
    of dirty blankets during their menses. Pregnant and nursing mothers
    were not provided additional care or food rations.
        NGOs estimated that there were between 350 and 400 juveniles in
    prison facilities; the majority were being held in pretrial detention.
    There was one juvenile prison in the ZPS; however, juveniles also were
    held in adult prisons throughout the country. Although juveniles were
    not officially held separately from adults, officials generally tried
    to place juvenile inmates in cells separate from adults. It became more
    common for juveniles to be sent to prison instead of to reformatory
    homes, as stipulated in the Children's Act. Juveniles were particularly
    vulnerable to the effects of poor prison conditions, and local NGOs
    reported several complaints of physical and sexual abuse.
        The mentally disabled were the most affected by the collapsed
    medical infrastructure within the ZPS. Inmates with psychiatric
    conditions were examined by two doctors, who must both confirm a mental
    disability and recommend that a patient either be released or returned
    to a prison facility. However, prisoners with mental disabilities
    routinely faced long waiting periods, as much as three years, before
    being evaluated. It also became more common for prisoners with mental
    disabilities to be sent to prison instead of mental institutions.
        While the total number of prisoners was below capacity, NGOs
    reported that overcrowding continued because at least half of the cells
    at each prison were used by prison guards. According to the ZPS, remand
    prisons faced overcrowding due to the spillover from overcrowded police
    stations, lengthy pretrial periods, and the ZPS's inability to
    transport detainees to court for their trials. The ZPS's two remand
    prisons could hold 2,000 detainees but were operating over capacity.
    Pretrial detainees often were held in prisons with convicted prisoners
    until their bail hearings. The majority of the prisoners interviewed by
    the local human rights NGOs had spent at least one year, and in some
    cases between three and five years, in a remand prison before having a
    pretrial hearing.
        The law provides international human rights monitors the right to
    visit prisons, but government procedures and requirements made it
    difficult to do so. Church groups seeking to provide humanitarian
    assistance were able to gain more access than in 2009. Organizations
    suspected of having nonhumanitarian motives for visiting prisoners
    faced restricted access. Organizations reported that their meetings
    with prisoners occurred without third parties present, and there were
    no restrictions placed by the ZPS on how they operated within the
    prisons. No mechanisms, including the existence of an ombudsman,
    existed to consider alternatives to incarceration for nonviolent
    offenders; to address the status and circumstances of confinement for
    juvenile offenders; and to improve pretrial detention, bail, and
    recordkeeping procedures to ensure that prisoners did not serve beyond
    the maximum sentence for the charged offense.
        Local NGOs continued to lobby the Government for institutional
    reforms, including alternative mechanisms to settle allegations out of
    court and to release prisoners who had committed misdemeanors and whose
    incarceration put pressure on the crowded prison system. One local NGO
    called for the introduction of counseling for 52 death row inmates. In
    August 2009 the Government granted amnesty to approximately 1,500
    females, juveniles, and terminally ill inmates who had sentences of 36
    months or less or had already served at least 20 years.

        d. Arbitrary Arrest or Detention.--The constitution and law
    prohibit arbitrary arrest and detention; however, some laws effectively
    weakened this prohibition, and security forces repeatedly arbitrarily
    arrested and detained persons. For example, on January 30, police
    dispersed an MDC meeting on the constitutional reform process and
    arrested all 52 MDC supporters in attendance. Police forcibly marched
    the group to the police station where most were released without
    charge. Eleven individuals, including the MDC's chairman for
    Mashonaland Central, were detained, charged with breaching security
    laws, and released on bail.
        On February 2, police arrested 22 WOZA members in a private house
    in Bulawayo. The members were discussing the constitutional process.
    They were released on the same day without charge.

        Role of the Police and Security Apparatus.--The Zimbabwe Republic
    Police (ZRP) is responsible for maintaining law and order. Although the
    ZRP is officially under the authority of the Ministry of Home Affairs,
    in practice the President's Office, through the JOC, controlled some
    roles and missions. In February 2009 the NSC replaced the JOC in this
    role. The Zimbabwe National Army and Air Force, under the Defense
    Ministry, were responsible for external security; however, there were
    cases in which the Government called upon them for domestic operations.
    The CIO, under the Ministry of State for National Security, is
    responsible for internal and external security.
        The lower ranks of the police were poorly trained and underpaid.
    The entire force was ill-equipped in both operational and
    administrative resources. Severely depleted human and material
    resources, especially fuel, further reduced police effectiveness in
    both deterring and responding to criminal activity during the year.
        Security forces perpetrated politically motivated violence,
    including torture of citizens in custody, largely at the behest of the
    leadership loyal to ZANU-PF. Police disrupted public gatherings and
    demonstrations, sometimes using violent means. Similarly, requests by
    civil society to hold public events were routinely denied if security
    chiefs believed the agenda contradicted their own political goals or,
    just as frequently, to make a counter-point on an issue under debate.
    Reports that security services tortured political and civil society
    activists who defied ZANU-PF's political agenda continued throughout
    the year. It was difficult for rank-and-file police to remain impartial
    due to the continued politicization of the force's upper echelons.
    Police and army personnel suspected of being sympathetic to the MDC and
    other political parties continued to be threatened with demotion,
    suspension, incarceration, or transfer to remote areas. While not
    widespread, there were reports of police using excessive force in
    apprehending and detaining certain criminal suspects due to lack of
    resources and lack of appropriate training.
        On November 14, the Standard newspaper published an article linking
    the cancellation of the annual police examination to a ploy by the
    police to hire war veterans and retired police officers ahead of the
    elections. The recruitment was not meant to appear as new recruitment,
    but as a transfer of war veterans and retired officers from one post to
    another. Two Standard journalists were arrested and charged with
    criminal defamation (see section 2.a.). The case continued at year's
    end.
        Security forces were rarely held accountable for abuses. Frequent
    allegations of excessive force and torture were often dismissed by
    senior government officials, who claimed that the actions were
    necessary to maintain public order. Court orders compelling
    investigations into allegations of abuse were routinely ignored by
    authorities. For example, police were reluctant or refused to record
    reports of politically motivated violence or similarly motivated
    destruction of property that occurred. Government efforts to reform the
    security forces were minimal, and training was rarely provided.
        ZRP leadership loyal to ZANU-PF stifled, derailed, or did not
    authorize the efforts of those police who sought to investigate cases
    of political violence. Police seldom responded during incidents of
    vigilante violence due in part to a lack of resources, manpower, will,
    or combination thereof.
        In February 2009 parliament passed the National Security Council
    Act, the enabling legislation for the new NSC. The NSC was set up to
    replace the JOC and is mandated to ensure accountability of the
    country's security sector. The JOC, which consisted of the army,
    police, prisons, and CIO, was blamed for orchestrating many human
    rights abuses. The NSC consists of representatives from the three
    political parties that constitute the transitional unity government,
    including President Mugabe as chair, Prime Minister Tsvangirai, the two
    deputy prime ministers, six ministers, and the security chiefs. The NSC
    is required by law to meet at least once every month and started
    meeting in February. President Mugabe reportedly continued to meet with
    the JOC outside the NSC.

        Arrest Procedures and Treatment While in Detention.--The Criminal
    Procedure and Evidence Act (CPEA) stipulates that arrests require a
    warrant issued either by the court or a senior police officer. The law
    requires that police inform an arrested person of the charges before
    taking the individual into custody; however, these rights were not
    respected in practice. The law requires a preliminary hearing before a
    magistrate within 48 hours of an arrest (or 96 hours over a weekend).
    Police typically made arrests, which may have been politically
    motivated, on Fridays, which permitted legal detention until Monday.
    There were numerous reports that security forces arbitrarily arrested
    political and civil society activists, interrogated and beat them for
    information about their organizations' activities, and then released
    them the next day without charge.
        According to the CPEA, the court reserved the power to grant bail.
    However, the attorney general has the power to suspend bail while an
    appeal is lodged. High court judges at times granted bail
    independently. The act allows police to hold persons suspected of
    committing economic crimes for up to four weeks without bail.
        In 2008 Johannes Tomana, then deputy attorney general, announced
    that the Attorney General's Office would ``deny bail to all suspects
    arrested on charges of either committing or inciting political
    violence.'' In some cases, those arrested and denied bail were kept
    detained for weeks or months. In other cases, police continued to hold
    persons in jail even after a judge had granted bail or dropped the
    charges. On June 17, Zimbabwe Lawyers for Human Rights (ZLHR) attorney
    Alec Muchadehama filed an application for referral to the Supreme Court
    to challenge the constitutionality of section 121 of the CPEA, which
    provides the Government with seven days to file an appeal against a
    ruling granting bail, on behalf of MDC-T Director General Toendepi
    Shonhe. On June 23, a magistrate referred the case to the Supreme
    Court; it was pending at year's end.
        Authorities often did not allow detainees prompt or regular access
    to their lawyers, and often informed lawyers who attempted to visit
    their clients that detainees were ``not available,'' especially in
    cases involving MDC members and civil society activists. Often
    detainees were ``moved'' overnight or on weekends from one police
    station or prison to another, and police refused to disclose the new
    location to their families and lawyers. Family members sometimes were
    denied access unless accompanied by an attorney. Detainees were often
    held incommunicado.
        Family members and attorneys often were denied access to detainees
    in prison and could not verify that a person had been arrested until
    the individual appeared in court (see section 1.c.).
        The Government continued to use arbitrary arrest and detention as a
    tool of intimidation and harassment, especially against MDC members and
    supporters, civil society and student activists, and journalists.
        For example, on November 25, police in Matabeleland North arrested
    17 MDC officials on charges of causing violence. The meeting was
    organized by the MDC-T provincial chairperson for nine councilors who
    defected from the MDC-M. On November 29, police released the 17
    officials on $30 bail each. Seven officials subsequently sought medical
    treatment and claimed they were denied food while in detention. The
    magistrate's court postponed the hearing to January 2011.
        Victims of theft during the 2008 political violence, who attempted
    to recover their property from ZANU-PF bases and subsequently were
    detained or charged with extortion or theft, were still standing trial
    at year's end.
        The Government continued its harassment and intimidation of human
    rights lawyers during the year. Police often threatened lawyers when
    they attempted to gain access to their clients in police custody.
    Several lawyers were arrested in connection with legal advice they
    provided to their clients. For example, in early October, Detective
    Chief Inspector Steven Mpofu threatened attorney Lison Ncube against
    representing Choga Njiva, who was arrested on September 29 on
    allegations of armed robbery and the murder of a senior police officer
    in Bulawayo (see section 1.c.). Njiva's father gave Ncube the blood-
    soaked clothes in which Njiva was allegedly tortured while in
    detention. Inspector Mpofu threatened Ncube with arrest if he did not
    surrender the clothes.
        In November 2009 police arrested human rights lawyer Mordecai
    Mahlangu and charged him with obstruction of justice after he wrote
    Attorney General Tomana a letter on behalf of his client, Peter
    Hitschmann, who had been subpoenaed to testify against MDC-T treasurer
    Roy Bennett in his trial. Mahlangu was released on bail after spending
    a night in jail. On January 14, Magistrate Archie Wochionga acquitted
    Mahlangu, ruling that the facts before him did not constitute a crime.
    Mahlangu then applied to the High Court for an order to declare his
    arrest and detention unlawful. Judge Felistus Chatukuta, the spouse of
    Wayne Bvudzijena, a high-ranking police official, heard the case on
    February 4. Mahalngu's lawyers asked Judge Chatukuta to recuse herself,
    citing a possible conflict of interest due to her relationship to a
    member of the police. Chatukuta said she that would decide whether
    there was a conflict. The case was pending at year's end.
        During the year civil society groups reported that numerous arrests
    of MDC-T parliamentarians were politically motivated and meant to erode
    the MDC-T's voting power in parliament and to harass MDC-T
    parliamentarians.
        For example, in May Member of Parliament (MP) Paul Madzore and
    Senator Morgan Komich were arrested for insulting President Mugabe.
    Both were released and charges were dismissed.
        On June 4, police arrested MDC-T MP Ian Kay for allegedly
    distributing expired and unregistered medicines to three clinics in his
    constituency. Police raided his house purportedly looking for drugs and
    unlicensed firearms. On June 7, Kay was released on $500 bail. Kay was
    indicted and fined $2,000.
        On June 5, MDC-T legislator Eliah Jemere and the provincial party
    treasurer for Mashonaland Central, Gilbert Kagodora, were arrested for
    insulting the office of the president; both were released on bail on
    June 8. Kagodora was arrested after addressing an MDC rally. On
    November 26, Magistrate Charles Murove referred the case to the Supreme
    Court after Kagodora filed an application challenging the
    constitutionality of the charge.
        On June 6, police in Mutare arrested Teddy Chipere, MDC chairman of
    Makoni Central, for insulting the office of the president. He was
    released on bail on June 9.
        In February 2009 police arrested MDC-T treasurer Roy Bennett and
    charged him with insurgency and possessing weaponry with the intention
    of using it in connection with acts of insurgency. Bennett denied all
    the charges and was released on $5,000 bail in March. After several
    delays because the Government's key witness failed to appear, Bennett's
    trial began on January 12. On May 10, Justice Chinembiri Bhunu
    acquitted Bennet on all charges at the close of the state's argument
    and without a defense hearing. The Government appealed the acquittal on
    May 12 on grounds that Bhunu had erred, prompting the defense to file
    papers opposing the appeal bid. A decision on the appeal was scheduled
    for July 28, but the court postponed indefinitely the next trial date.
        Of the 17 MPs arrested in 2009, at least 15 were from the MDC, and
    four were suspended after they were sentenced to jail terms of more
    than six months. All four appealed their suspensions in the High Court,
    and three MPs--Ernest Mudavanhu, Shua Mudiwa, and Mathia Mlambo--won
    their appeals during the year, and the suspension was lifted. Suspended
    MPs were allowed to retain their seats during the appeal process but
    were barred from participating in parliament. There were numerous
    incidents of MDC-T parliamentarians being harassed by ZANU-PF
    supporters for their involvement in the constitutional outreach
    process.
        There were no further developments in the appeal of MP Meki
    Makuyana, who had been facing suspension since 2009.
        In June 2009 WOZA leaders Jenni Williams and Magodonga Mahlangu
    appeared in the Supreme Court after filing an appeal arguing that they
    were unlawfully arrested on charges of disturbing the peace in 2008.
    The remand hearing was postponed several times from July to October
    2009 to allow for the Supreme Court ruling. By October 2009 the
    Magistrate Court resumed the remand hearing for Williams and Mahlangu;
    however, the Government did not make available its court file for any
    of the remand hearings from October to December 2009. In December 2009
    the magistrate refused the application to remove the activists from
    remand stating that they were responsible for the delay by appealing to
    the Supreme Court. In January the defense lawyer filed an urgent
    application at the High Court requesting a review of the magistrate's
    decision. The state did not respond to the application and, after the
    elapse of the 10-day waiting period, the High Court ordered Williams
    and Mahlangu to be removed from remand. On November 26, the Supreme
    Court ruled that the police had violated Williams and Mahlangu's
    fundamental rights to freedom of assembly and freedom of expression.
    While ruling in favor of WOZA, the Supreme Court refrained from ruling
    on the legality of section 29 of the Public Order and Security Act
    (POSA), which had provided the legal basis for the arrest of Williams
    and Mahlangu.
        There were no developments in other arrest cases reported in 2009
    and 2008.
        Prolonged pretrial detention remained a problem, and some detainees
    were incarcerated for several years before trial or sentencing because
    of a critical shortage of magistrates and court interpreters, poor
    bureaucratic procedures, and for political reasons. During the year
    some detainees in Harare Remand Prison went for months without
    attending court for bail hearings because the ZPS lacked fuel to
    provide transport. Others who had bail set but could not afford to pay
    remained in detention. According to lawyers, pretrial detainees were
    held without charge for as long as 11 years. Lawyers also reported that
    juveniles usually spent more time in pretrial detention than adults
    because they could not attend court unless a parent or guardian
    accompanied them; however, the Government did not routinely notify
    parents when a juvenile was arrested.

        e. Denial of Fair Public Trial.--The constitution provides for an
    independent judiciary; however, the judiciary was under intense
    pressure to conform to government policies, and the Government
    repeatedly refused to abide by judicial decisions. The Government
    routinely delayed payment of court costs or judgments awarded against
    it in civil cases.
        NGOs reported several methods some senior government officials used
    to undermine the independence of the judiciary, including giving farms
    and homes to judges.
        For example, on May 20, President Mugabe, without consulting Prime
    Minister Tsvangirai as stipulated in the GPA, appointed George
    Chiweshe, the former chairperson of the former Zimbabwe Electoral
    Commission (ZEC), as judge president of the High Court. Chiweshe
    replaced Rita Makarau, who was elevated to the Supreme Court. As head
    of the ZEC, Chiweshe withheld the 2008 presidential election result for
    more than a month, fuelling accusations that he rigged the outcome in
    favor of President Mugabe.
        Magistrates heard the vast majority of cases. On June 18, the
    Judicial Services Act (JSA) went into effect. The JSA intended to
    provide greater independence for magistrates by removing authority over
    judicial magistrates and their support staff from the Public Service
    Commission and transferring it to the Judicial Services Commission
    (JSC). The act states that the JSC will also determine the remuneration
    and other conditions of service for the magistrates. Legal experts said
    that defendants in politically sensitive cases were more likely to
    receive a fair hearing in magistrates' lower courts than in higher
    courts, where justices were more likely to make political decisions.
    According to a November 2008 Human Rights Watch report, most junior
    magistrates and magistrates in rural areas did not benefit from
    government patronage. Instead, ZANU-PF sympathizers relied on threats
    and intimidation to force magistrates, particularly rural magistrates,
    to rule in the Government's favor. Some urban-based junior magistrates
    demonstrated a greater degree of independence and granted MDC and civil
    society activists bail against the Government's wishes. Other judicial
    officers, such as prosecutors and private attorneys, also faced
    political pressure, including harassment and intimidation. These
    conditions persisted in spite of the formation of the transitional
    unity government in 2009. For example, on May 17, Jonathan Samkange,
    who was accused of perjury as the counsel for the diamond company
    African Consolidated Resources in its civil suit against the
    Government-controlled Minerals Marketing Corporation of Zimbabwe and
    Zimbabwe Mining Development Corporation, was arrested for being late to
    his court hearing. He was released the same day. Unlike in 2009, there
    were no reports of lawyers and court officers being arrested on
    criminal charges after taking action that some in government opposed.
        There were no updates in any of the 2009 or 2008 cases involving
    lawyers or court officials.

        Trial Procedures.--The constitution provides for the right to a
    fair trial; however, this right frequently was compromised in practice
    due to political pressures. Defendants enjoy a presumption of innocence
    under the law; however, this was not always respected in practice.
    Trials were held by magistrates or judges without juries and were open
    to the public, except in cases involving minors or state security
    matters. Assessors, in lieu of juries, could be appointed in cases in
    which the offense could attract a death penalty or lengthy prison
    sentence. Every defendant has the right to a lawyer of his or her
    choosing, but most defendants in magistrates' courts did not have legal
    representation. In criminal cases, an indigent defendant may apply to
    have the Government provide an attorney, but this request was rarely
    granted except in capital cases, where the Government provided an
    attorney for all defendants unable to afford one. Litigants in civil
    cases may request free legal assistance from the Legal Resources
    Foundation or ZLHR.
        Attorneys sometimes were denied access to their clients, especially
    in cases involving MDC members or civil society activists. Defendants
    have the right to present witnesses, present evidence on their own
    behalf, and question witnesses against them. However, these rights were
    not always observed in practice. Defendants and their attorneys have
    the right to be furnished with all government-held evidence relevant to
    their cases; however, this right was often not allowed in practice.
    Conviction requires proof beyond a reasonable doubt, and the
    prosecution bears the burden of proof. The right to appeal against both
    conviction and sentence exists in all cases, and it is automatic in
    cases in which the death penalty is imposed. The law extends these
    rights to all citizens; however, in politically sensitive cases, these
    rights were not always protected in practice. Government officials
    frequently ignored court orders in such cases, delayed bail and access
    to medical care, and refused to enforce court orders related to land
    disputes.
        The rights of an accused person apply to all citizens, including
    women, indigenous groups, and persons with disabilities.

        Political Prisoners and Detainees.--There were reports of political
    detainees throughout the year, including MDC officials, their
    supporters, NGO workers, and civil society activists. Many were held
    for one or two days and released; others were held for weeks or months.
    During the year police beat and tortured numerous political and civil
    society activists and student leaders while in detention.
        At year's end there were no known political prisoners in police
    custody.

        Regional Human Rights Court Decisions.--The African Commission on
    Human and People's Rights (ACHPR), an organization mandated by the
    African Union based in Banjul, Gambia, hears cases when member
    countries' internal remedies have been exhausted or do not exist. There
    were four pending cases from Zimbabwe before the commission at year's
    end. Two were at the admissibility stage, during which the commission
    decides whether to hear the case, and the other two were at the merits
    stage, where the commission makes a recommendation. Two cases involved
    the Government's handling of the land reform and the other two involved
    government evictions of citizens from nonfarming areas under Operation
    Murambatsvina (loosely translated from Shona as ``restore order'' or
    ``get rid of the filth'').
        In July 2009 the ACHPR ruled that the Government should repeal
    sections 79 and 80 of the Access to Information and Privacy Protection
    Act (AIPPA) because they contravened article 9 of the ACHPR. The
    Government took no action to comply (see section 2.a.).
        In 2007 the Southern African Development Community (SADC) tribunal
    in Namibia, in its first decision since its establishment in 2000,
    ruled in favor of Michael Campbell, who was contesting the compulsory
    government acquisition of his farm. The tribunal was set up to provide
    that SADC member states adhere to the SADC treaty and protocols,
    protect the rights of citizens, and provide for the rule of law.
    According to the protocol establishing the tribunal, a person can bring
    a case after exhausting all available remedies or when unable to
    proceed under domestic jurisdiction. Campbell brought the case to the
    tribunal after the Supreme Court failed to issue a judgment in the
    case. However, in January 2008 the Supreme Court issued a judgment
    dismissing the Campbell case. Soon after the ruling, the then minister
    for lands, land reform, and resettlement, Didymus Mutasa, declared that
    the country would be bound only by its laws and the decisions of its
    superior courts.
        In April 2008 the SADC tribunal ruled that more than 70 white
    farmers who had been evicted from their lands could remain on their
    property pending a May 2008 hearing; their cases effectively joined the
    Campbell case that was still pending before the tribunal. In June 2008
    a group of 20 ``war veterans'' abducted and assaulted Michael Campbell
    and members of his family; they were hospitalized for their injuries.
    The perpetrators also looted the Campbell home and stole their car. In
    July 2008 the tribunal reaffirmed the injunction, condemning the
    Government's land seizures, and transferring the issue to the SADC
    summit for further action. However, the Government asserted that it
    would move forward with prosecution of the farmers who remained on the
    land, effectively ignoring the tribunal's authority.
        In November 2008 the SADC tribunal ruled in favor of the 79 farmers
    in the Campbell case, finding that, by barring titleholders from being
    heard in the courts, the Government violated the rule of law; that the
    farmers were discriminated against on the basis of race; and that the
    Government should compensate three dispossessed landowners by June
    2009. Although the tribunal ordered the Government not to interfere
    with any tribunal applicant still on his or her land or in possession
    of it when applying for relief, the Government continued prosecutions
    of farmers for remaining on government-confiscated farms during the
    year.
        In an August 2009 letter, Minister of Justice Patrick Chinamasa
    informed the SADC tribunal that the country was withdrawing from the
    tribunal. Chinamasa claimed that because the SADC Protocol on the
    Tribunal was neither ratified domestically nor by two-thirds of SADC
    membership, the tribunal was not validly constituted and, therefore,
    had no jurisdiction over the country. Lawyers from across SADC argued
    that the SADC treaty was amended in 2001 to incorporate the tribunal
    into SADC as an integral organ and exclude the tribunal from the usual
    SADC requirement for ratification by two-thirds. On January 26, High
    Court judge Bharat Patel ruled that the tribunal was legally
    constituted and that the Government's objection was misconceived and
    disingenuous.
        On July 16, the SADC tribunal for the third time found the
    Government in contempt of the November 2008 tribunal ruling by allowing
    ongoing invasions, arrests, and prosecutions of evicted commercial
    farmers. In response Chinamasa declared ``null and void'' the SADC
    tribunal ruling. On August 29, President Mugabe stated that the land
    reform program was instituted to correct colonial imbalances, and the
    country would not comply with the SADC ruling. In an August session,
    the SADC members decided to review within the next six months the role,
    functions, and terms of reference of the tribunal.
        On December 9, the SADC tribunal ruled that the Government had
    undermined the rule of law by refusing to compensate nine victims of
    state-sponsored political violence and torture as ordered by the
    Zimbabwean High Court in previous years. The Zimbabwe Human Rights NGO
    Forum filed the case at the SADC tribunal in April 2009 on behalf of
    the victims.

        Civil Judicial Procedures and Remedies.--Civil judicial procedures
    allow for an independent and impartial judiciary. However, in practice
    the judiciary showed indications of being politically influenced or
    intimidated in cases involving high-ranking government officials,
    politically connected persons, or violations of human rights. There
    were systematic problems enforcing domestic court orders, as resources
    for the judiciary and police were severely strained.

        Property Restitution.--The constitution stipulates that the
    Government must compensate persons for improvements made on land taken
    by the Government but does not set a timeline for the delivery of
    compensation. In practice the Government seldom provided restitution or
    compensation for the taking of private property.
        For example, in Chiadzwa approximately 4,000 persons were to be
    resettled from the allocated mining grounds to a government-owned
    agricultural estate outside Mutare, according to a 2009 government
    pronouncement. The Government and the three companies with
    concessionary and exploratory rights entered into an agreement whereby
    each party would pay half of the resettlement expenses. The Zimbabwe
    Environmental Law Association (ZELA) filed an urgent application to the
    High Court in December 2009, seeking an injunction against the
    resettlement. In January High Court judge Joseph Musakwa dismissed the
    application. In December 2009 ZELA also filed a suit against the
    Ministry of Defense, the police, and the Ministry of Mines challenging
    the legality of the resettlement policy. No court date had been set by
    year's end.
        More than 70 persons were resettled at year's end to a government-
    owned agricultural estate outside Mutare. They were given short notice
    to resettle, no one received compensation, and livelihoods in the new
    location were uncertain. Also there were no social services in the new
    area. In August the district administrator in Mutare issued a notice to
    44 families, giving them 10 days to vacate their properties. The
    families refused to move without proper compensation and timely
    notification. The negotiation was pending at year's end.

        f. Arbitrary Interference With Privacy, Family, Home, or
    Correspondence.--The constitution and law prohibit such actions, but
    the Government did not respect these provisions in practice. Security
    forces searched homes and offices without warrants, senior government
    officials pressured local chiefs and ZANU-PF loyalists to monitor and
    report on persons suspected of supporting political parties other than
    ZANU-PF, and the Government forcibly displaced persons from their
    homes. Elements of the Government coerced ZANU-PF supporters and
    punished MDC supporters by manipulating the distribution of food aid,
    agricultural inputs, and access to other government assistance
    programs.
        The 2007 Interception of Communications Act (ICA) provides for the
    interception and monitoring of any communication (including telephone,
    postal mail, e-mail, and Internet traffic) in the course of
    transmission through a telecommunication, postal, or other system in
    the country. Civil liberties advocates criticized the ICA as repressive
    legislation that allows the Government to stifle freedom of speech and
    to target political and civil society activists.
        According to local human rights and humanitarian NGOs, sporadic
    evictions continued during the year, especially of tenants and informal
    vendors suspected of supporting the MDC. During the week of August 23,
    police and national park guards assaulted and arrested informal market
    traders in Chinoyi, Mutare, Gweru, and Rusape because of their
    association with the Zimbabwe Congress of Trade Unions (ZCTU) and
    suspected association with the MDC.
        Land seizures remained a serious problem. Constitutional amendment
    17, enacted in 2005, transferred title of all land previously acquired
    for resettlement purposes to the Government, prohibited court
    challenges to the acquisitions, and allowed the Government to acquire
    any agricultural land for any purpose simply by publishing a notice of
    acquisition. The 2006 Gazetted Land (Consequential Provisions) Act
    requires all farmers whose land was forcibly seized by the Government
    and who were not in possession of an official offer letter, permit, or
    lease to cease to occupy, hold, or use that land within 45 days and to
    vacate their homes within 90 days. Only a small number of farmers
    received an offer letter or lease. Failure to comply is a criminal
    offense punishable by a fine and a maximum prison sentence of up to two
    years. The act was primarily used to target the 4,500 large-scale and
    primarily white-owned farms in the country for seizure and
    redistribution to black Zimbabweans, including ZANU-PF supporters.
        Some of the approximately 400 remaining white commercial farmers
    continued to be targeted, harassed, and threatened with eviction by
    farm beneficiaries, youths, and hired thugs. According to one
    commercial farmer union, an average of 150 farm incidents per month
    were documented during the year. In some instances farmers were forced
    off their farms at gunpoint, despite being in possession of a court
    order that allowed them to remain on the property, and not given the
    opportunity to collect their personal belongings. A few were arrested
    and kept in detention at the local police station for at least one
    night prior to being given access to a lawyer and released. Black farm
    workers on white-owned farms were beaten, intimidated, or displaced
    (see section 2.d.). Police, in most cases, did not intervene and stood
    aside while invaders and looters carried on their activities.
        On January 12, a gang invaded a citizen's farm in Manicaland. The
    invaders tied two family members to a tree and beat them before going
    to another farm. At least four other families were harassed and chased
    off their farms in the same week. Police refused to investigate the
    cases.
        Most invasions and evictions occurred in June. In Manicaland, for
    example, a farmer's wife was barricaded inside her home and given four
    hours to vacate the property, despite the fact that she had a High
    Court order allowing her to retain the farm. Another farmer in
    Manicaland was forced off his property despite his possession of a High
    Court order, and his foreman was beaten unconscious by the invaders.
        Farmer unions and NGOs believed that former land minister Mutasa
    was responsible for the June wave of invasions. Mutasa allegedly
    ordered 300 persons to ignore a Chipinge Magistrates' Court to vacate
    the coffee plantation they had occupied because it was not listed for
    resettlement. Mutasa later stated that he was ``protecting the poor.''
    The NSC ordered an investigation into the June evictions. No further
    information was available on the investigation at year's end.
        No action was taken against perpetrators of numerous 2009 and 2008
    cases of land invasions, seizures of property, and attacks on farm
    owners and workers.
        No action was taken or anticipated in the numerous other reported
    2009 and 2008 cases of arbitrary interference with citizens' homes.
    Section 2. Respect for Civil Liberties, Including:

        a. Freedom of Speech and Press.--The constitution provides for
    freedom of speech and of the press, but legislation limits these
    freedoms in the ``interest of defense, public safety, public order,
    state economic interests, public morality, and public health.'' The
    Government restricted these rights in practice. Journalists and
    publishers practiced self-censorship.
        Under the criminal code, making a false statement prejudicial to
    the Government carries a maximum prison sentence of 20 years. Security
    authorities continued to restrict freedom of speech and arrest
    individuals, particularly those who made or publicized comments
    critical of President Mugabe or made political statements opposing the
    Government's agenda.
        For example, on November 5, police in Bulawayo ordered the Zimbabwe
    human rights NGO Forum to take down nine billboards and street signs on
    the grounds of their being offensive and potentially causing
    disharmony. The NGO had obtained permission in Bulawayo, among other
    major cities, to erect the billboards and street signs. The ICA
    continued to be used to monitor speech and to punish those who
    criticized the Government.
        There were credible reports that CIO agents and informers routinely
    monitored political and other meetings. Persons deemed critical of the
    Government were frequently targeted for harassment, abduction,
    interrogation, and torture.In September the trial of Douglas Mwonzora,
    Nyanga North legislator and chairperson of the parliamentary
    constitution-making committee, was postponed. Mwonzora called President
    Mugabe a ``goblin'' in March 2009 and was also charged with undermining
    the police when he allegedly said they were being used by ZANU-PF to
    intimidate villagers. On December 6, the case was referred to the
    Supreme Court. The case was pending at year's end.On September 3,
    Chipinge provincial magistrate Samuel Zuze sentenced Gift Mafuka to one
    year in prison with hard labor for insulting President Mugabe. Mafuka
    allegedly asked two children why they were wearing T-shirts picturing
    an old person (Mugabe) with wrinkles. His sentence was reduced by two
    months on the condition that he not call Mugabe ``old'' for the next
    five years. On November 23, Magistrate Samuel Zuze released Mafuka on
    $100 bail pending an appeal filed against both his conviction and
    sentence. The appeal was pending at year's end.
        The Government continued to restrict freedom of the press. The
    Ministry of Media Information and Publicity (MMIP) controlled the
    state-run media. Government-controlled media generally portrayed the
    activities of ZANU-PF officials positively, portrayed other parties and
    antigovernment groups negatively, and downplayed events or information
    that reflected adversely on the Government. High-ranking ZANU-PF
    officials, including President Mugabe, used the media to threaten
    violence against critics of the Government. There were also credible
    reports that the MMIP permanent secretary, George Charamba, routinely
    reviewed state-owned media news and excised reports on the activities
    of groups critical of the Government.
        The four main independent domestic weekly newspapers continued to
    operate despite threats and pressure from the Government. On June 4,
    NewsDay, an independent daily newspaper, began publishing in Harare and
    Bulawayo after receiving a license from the Zimbabwe Media Commission.
    The Daily News, which was banned in 2003, also resumed operations but
    had not resumed printing at year's end. The independent newspapers
    continued to criticize the ``inclusive'' government and ZANU-PF;
    however, they also continued to exercise some self-censorship due to
    government intimidation and the continuing prospect of prosecution
    under criminal libel and security laws.
        Radio remained the principal medium of public communication,
    particularly for the rural majority. The Government controlled all
    domestic radio broadcasting stations through the state-owned Zimbabwe
    Broadcasting Holdings (ZBH), supervised by the MMIP. On July 30, the
    Government officially launched the Voice of Zimbabwe radio, a
    subsidiary of the state-controlled ZBH in Gweru. The popularity of
    independent shortwave and medium-wave radio broadcasts to the country
    continued to grow, despite government jamming of news broadcasts by
    radio stations based in other countries, including the Voice of
    America's Studio 7, SW Radio Africa, and Voice of the People.
        Police increased radio seizures toward year's end. On October 12,
    police in Gweru raided the office of the Democratic Councils Forum
    (Demcof) and seized 862 solar radio sets to be distributed to rural
    areas in Midlands Province. Cleopas Shiri, Demcof training coordinator,
    was arrested, charged with customs violation, and released on bail on
    October 14. Shiri appeared in court for several hearings. The case was
    pending at year's end.
        On October 26, police in Murehwa seized radios previously
    distributed by NGOs to villagers in the district. Police reportedly
    wanted to establish the reasons behind the radio distribution and
    whether they had cleared customs. In mid-November police in
    Matabeleland South Province raided NGOs and private residences for
    wind-up shortwave radios distributed by VOA's Studio 7 program.
        The Government controlled the only domestically based television
    broadcasting station, the Zimbabwean Broadcasting Corporation (ZBC). In
    May the ZBC launched a second news and entertainment channel that
    broadcast from noon to midnight. International satellite television
    broadcasts were available through private firms but were too expensive
    for most citizens. Most citizens relied on free satellite decoders with
    a selection of South African and gospel channels for entertainment,
    news, and information.
        After years of using accreditation laws to prevent most major
    international media outlets and some local journalists from covering
    the country's elections, in July 2009 the Government allowed CNN and
    BBC film crews back into the country. However, foreign journalists
    continued to report that government agents followed them and prevented
    them from covering certain news events.
        For example, on February 12, police arrested a Mexican journalist
    who was filming potential tourist sites. The journalist, who was in a
    vehicle belonging to Minister of Tourism Walter Mzembi, and who had a
    letter of authorization signed by Mzembi, was released several hours
    after Mzembi's personal intervention.
        Senior ZANU-PF officials repeatedly criticized both local and
    foreign independent media for what they deemed to be biased reporting
    meant to discredit President Mugabe and misrepresent the country's
    political and economic conditions.
        In early January journalist Stanley Kwenda fled the country after
    he was reportedly threatened with death by a senior police officer,
    Chief Superintendent Chrispen Makedenge. Kwenda published a report
    describing the suicide of Makendenge's wife after years of suffering
    abuse and threats by her husband. Kwenda returned to Zimbabwe in August
    without incident.
        On February 10, police arrested Barnabas Madzimure and Fortune
    Mutandiro on the charge of writing and publishing falsehoods
    prejudicial to the state in the January 10 edition of The Zimbabwean.
    The story reported that Defense Minister Emmerson Mnangagwa and other
    leading members of the ZANU-PF party wanted to take control of the
    party. Madzimure and Mutandiro were initially arrested and released
    without charge on January 17.
        On March 1, freelance journalist Andrison Manyere was arrested
    outside the High Court in Harare after filming the arrival of several
    men imprisoned since 2007 on allegations of plotting to overthrow the
    Government. After seizing Manyere's camera, prison guards warned other
    journalists not to take pictures or footage of the suspects. Prison
    guards accused Manyere of filming without the permission of the
    commissioner of the Zimbabwe Prison Services. Manyere was held
    overnight and then released after paying an admission of guilt fine.
        Security forces arbitrarily harassed and arrested local and foreign
    journalists who contributed to published stories critical of government
    policies or security force operations.
        In March police arrested and detained Mashudu Metsianda, a
    journalist working for the Government-controlled daily newspaper, the
    Chronicle, in Beitbridge after the newspaper published his story on
    police. The charge was later dropped.
        On March 21, police detained freelance journalist Nunurai Jena at
    the Beitbridge border post after security officials discovered that he
    had tape-recorded Zimbabwe Revenue Authority (ZIMRA) officials as they
    searched and questioned passengers travelling with him on the bus from
    South Africa. The security officials asked why he had not declared the
    tape recorder at the border and why he had recorded proceedings in a
    protected area without ZIMRA authorization. Jena was released without
    charge four hours later after being ordered to delete the contents of
    the recorder.
        On November 17, police in Bulawayo arrested and charged Nquobani
    Ndlovu, a journalist with the Standard, with criminal defamation for an
    article in the November 14 edition of the newspaper. Police
    interrogated Ndlovu about his sources, who claimed that the
    cancellation of the annual police examination was a ploy to hire war
    veterans and retired police officers ahead of the upcoming election. On
    November 22, the magistrate court released Ndlovu on $100 bail, a
    decision that prompted the Government to invoke section 121 of the
    Criminal Procedure and Evidence Act, giving the Government an
    additional seven days to appeal. On November 25, the High Court
    dismissed the appeal and ordered his immediate release. Ndlovu was
    released on November 26. Ndlovu's case continued at year's end.
        On November 30, police in Harare arrested Nevanji Madanhire,
    Harare-based editor of The Standard, and charged him with criminal
    defamation in connection with the publication of a story by journalist
    Nquobani Ndlovu on police recruitment. Madanhire was released the
    following day on $100 bail. The case continued at year's end.
        In March 2009 police arrested editor Brezhnev Malaba and reporter
    Nduduzo Tshuma of The Chronicle, the Government-controlled daily
    newspaper in Bulawayo, after they published a story alleging police
    involvement in a Grain Marketing Board corn scandal. On August 16,
    Magistrate Sibongile Msipa referred the case to the Supreme Court after
    Malaba's lawyer filed an application challenging the constitutionality
    of the charge. The case was pending at year's end.
        In May 2009 police arrested Zimbabwe Independent editors
    Constantine Chimakure and Vincent Kahiya for publishing a story that
    revealed the role and names of police and intelligence agents in the
    abduction of human rights activists and charged them under the criminal
    code with publishing or communicating a statement with the intention of
    undermining public confidence in law enforcement agents (see section
    1.b.). The matter was referred to the Supreme Court on June 3. The next
    hearing was scheduled to occur in March 2011.
        In October 2009 police arrested freelance journalist Annie Mpalume
    in Manicaland Province's Chiadzwa diamond fields on allegations of
    entering a protected area without a pass. Mpalume was charged with
    violating the Protected Areas Act and released on bail; the case was
    pending at year's end.
        There were no developments in the 2009 or 2008 cases of harassment,
    abuse, and detention of journalists.
        The Government continued to use the AIPPA to serve as the primary
    justification to control media content and licensing of journalists.
    The main provisions of the law give the Government extensive powers to
    control the media and suppress free speech by requiring the
    registration of journalists and prohibiting the ``abuse of free
    expression.'' In 2008 the Government amended the AIPPA in order to
    abolish the Media and Information Commission. During its existence, the
    commission, under the MMIP, denied many local and foreign journalists
    accreditation.
        On April 28, the Government adopted new regulations for the
    accreditation of journalists and the registration of media services and
    effectively instituted a new pricing regime for accreditation and
    registration. The new regulations significantly reduced the previously
    prohibitive fees. According to the regulations for a mass media
    service, the application fee was $500 and the registration fee was
    $1,500. Local journalists were required to pay a $10 application fee
    and a $20 accreditation. Local journalists working for foreign media
    paid a $20 application fee and an accreditation fee of $100, as opposed
    to $1,000 and $3,000 under the previous regime. A foreign media
    organisation wishing to set up an office in Zimbabwe paid a $500
    application fee and a $2,000 operating license, as opposed to $10,000
    and $20,000 previously. The application fee for a news agency was $300
    and the registration fee was $1,000. The Zimbabwe Media Commission set
    June 4 as the deadline for the renewal of accreditation and
    registration but had not set a deadline for the submission of new
    applications. Practicing journalism without accreditation can incur a
    fine or maximum of two years' imprisonment.
        In May 2009 the MMIP convened a media conference and pledged to
    repeal the AIPPA. At least four independent newspapers, including the
    Daily News, had been shut since its enactment in 2002. No further
    action to repeal the law was taken by year's end.
        The Government created the Zimbabwe Media Commission in December
    2009 to succeed the Media and Information Commission and oversee media
    regulation, registration, and accreditation. The Zimbabwe Media
    Commission held its first meeting in March. The Broadcasting Authority
    of Zimbabwe, the regulatory body that licenses radio and television
    stations, was not formally constituted by year's end.
        As of year's end, the Government had not taken any action to repeal
    sections 79 and 80 of the AIPPA as ordered to do by the ACHPR in 2009.
        The Broadcasting Services Act, which parliament's legal committee
    found to be unconstitutional when it was passed in 2001, was amended in
    2008 to give the Broadcasting Authority of Zimbabwe autonomy over
    allocation of licenses. The amendment also eased foreign funding
    restrictions, although it left the determination of how much foreign
    funding should be allowed to the discretion of the head of the MMIP.
        In 2006 the Government passed the General Laws Amendment Act
    (GLAA), which amended sections of POSA to allow authorities to monitor
    and censor ``the publication of false statements that will engender
    feelings of hostility towards--or cause hatred, contempt, or ridicule
    of--the president or acting president.'' The GLAA imposes a prison term
    for any journalist who ``insults the president or communicates
    falsehoods.''
        The criminal code makes it an offense to publish or communicate
    false statements prejudicial to the state. Legal experts criticized
    this section, saying that it imposes limits on freedom of expression
    beyond those permitted by the constitution.
        The extremely broad Official Secrets Act makes it a crime to
    divulge any information acquired in the course of official duties. In
    addition, antidefamation laws criminalize libel of both public and
    private persons.
        POSA and the criminal code grant the Government a wide range of
    legal powers to prosecute persons for political and security crimes
    that are not clearly defined. The 2006 enactment of the amended
    criminal code consolidated a variety of criminal offenses, including
    crimes against public order, reportedly to amend progressive portions
    of POSA. However, the Institute for Justice and Reconciliation and the
    Solidarity Peace Trust reported that almost all the offenses in POSA
    were transferred to the criminal code, in some cases with drastic
    increases in penalties for violations. Failure to give police the
    requisite advance written notice of a meeting or demonstration remains
    an offense under POSA.

        Internet Freedom.--There were no government restrictions on the
    Internet; however, the ICA permits the Government to monitor all
    communications in the country, including Internet transmissions.
    Internet access was available, but due to a lack of infrastructure it
    was not widely accessed by the public beyond commercial centers.
    According to International Telecommunication Union statistics for 2009,
    approximately 12.3 percent of the country's inhabitants used the
    Internet.

        Academic Freedom and Cultural Events.--The Government continued to
    restrict academic freedom. The president is the chancellor of all five
    state-run universities and appoints all vice chancellors. The
    Government has oversight of all higher education policy at public
    universities. The University of Zimbabwe Amendment Act and the National
    Council for Higher Education Act restrict the independence of
    universities, subjecting them to government influence and extending the
    disciplinary powers of the university authorities over staff and
    students.
        In late August the Ministry of Education announced that female
    students who become pregnant during the academic school year would be
    allowed a three-month maternal leave and would no longer face automatic
    expulsion. Male students who were to become fathers would also be
    authorized a three-month leave. While designed to de-stigmatize teenage
    pregnancy, conservative groups loudly condemned the policy as
    encouraging teenage pregnancy.
        CIO personnel at times assumed faculty and other positions and
    posed as students at the University of Zimbabwe and other public
    universities to intimidate and gather intelligence on faculty and
    students who criticized government policies and actions. CIO officers
    regularly attended all classes where noted MDC activists were lecturers
    or students. In response both faculty and students often practiced
    self-censorship in the classroom and their academic work.
        According to the Students Solidarity Trust, a local NGO that
    provides assistance to student activists, approximately 190 students
    were arrested or detained, and approximately 10 students were expelled
    or suspended, for engaging in student activism between January and
    June, as compared with 134 students arrested or detained and 14
    students expelled or suspended between January and June 2009. The NGO
    also reported seven cases of assault and four cases of torture and
    abduction during the same time period.
        For example, on March 29, police arrested eight University of
    Zimbabwe students for participating in an allegedly illegal gathering.
    They were granted bail on March 31.
        On June 15, police arrested and beat two student activists at the
    Masvingo Polytechnic College for allegedly assaulting the principal,
    theft, and malicious damage to property. In July police arrested two
    student activists, three University of Zimbabwe students, and five
    ZINASU activists in Bulawayo and Harare for participating in allegedly
    illegal gatherings or demonstrations on university campuses. All their
    cases were pending at year's end.
        During the political and economic crisis in 2008, the Government
    failed to provide students with adequate public education; however,
    during the year access to public education improved. In February 2009
    the Government began paying all civil servants, including teachers, a
    monthly stipend of $100, which provided a significant incentive for
    teachers who had fled election violence and hyperinflation in 2008 to
    return to the classroom. In May 2009 the Government increased salaries
    to approximately $150. At the same time, in response to pressure from
    teachers and the public, the Government also reduced school fees from
    between $50 and $150 to between $10 and $20 per trimester and
    eliminated school fees for teachers' children. Some teachers in
    affluent urban neighborhoods were reported to receive substantial
    salary increases from parents. There were no salary increases during
    the year.
        On February 5, approximately 2,000 government workers, including
    teachers, initiated a strike in ``demand'' of higher wages, improved
    working conditions, and price cuts at government-controlled utilities.
    According to one estimate, teachers constituted approximately two-
    thirds of the country's 180,000 nonsecurity-sector civil service
    employees. Approximately 36,000 teachers participated in the strike,
    resulting in the closure of two-thirds of the country's public schools.
        The Government on occasion restricted human rights activists from
    using cultural platforms. For example, on March 26, police arrested
    Bulawayo artist Owen Maseko following the launch of a provocative
    exhibition on the Gukurahundi massacres. The artwork depicted political
    violence in the two Matabeleland provinces in the 1980s. One piece
    showed former vice president Joshua Nkomo and President Mugabe seated
    at a table signing the 1987 Unity Accord, with blood dripping from the
    ceiling on to Nkomo's shoulders. Police later covered the paintings
    with newspapers and blacked out the gallery's street-level windows.
    Maseko was charged with undermining the authority of President Mugabe
    and was released on a $100 bail on March 30. At the September 13
    hearing, the state sought to introduce a new charge of publishing or
    communicating falsehoods prejudicial to the Government. Magistrate
    Ntombizodwa Mazhandu ruled that the state can bring a new charge only
    if the initial charge had been withdrawn. The state then withdrew the
    initial charge. On September 18, Magistrate Mazhandu granted an
    application to refer the matter to the Supreme Court, whereby the court
    will determine whether Maseko's freedom of expression had been
    violated. The case was pending at year's end.
        On June 17, Michael Mabwe, cofounder and coordinator of Zimbabwe
    Poets for Human Rights, was called to the police station for allegedly
    contravening POSA by performing a poem that castigated the Government's
    violation of human rights. Mabwe was released on the same day without
    charge.
        In a government gazette published on August 27, Home Affairs
    Secretary Melusi Matshiya announced that it was illegal to depict the
    Gukurahundi as a tribal-based event. The ban targeted Owen Maseko's
    exhibition, which the Government deemed tribal-based.
        On August 31, Bulawayo Art Gallery Director Voti Thebe appeared in
    court for displaying Owen Maseko's exhibition. Thebe was released, but
    his trial was pending at year's end.
        In early September the Government cancelled work permits for the
    South African musical group Freshlyground ahead of its October 3
    concert in Harare. The decision came after the band made a video,
    Chicken to Change, featuring satirical puppetry of President Mugabe.
        On November 10, in Buhera, an unmarked vehicle with four CIO agents
    interrupted a performance on healing and reconciliation facilitated by
    three NGOs. The CIO agents questioned the facilitators about the script
    and the alleged political content of the play. Even though the
    producers had obtained clearance from the police, the agents questioned
    the facilitators on why clearance was not sought previously.

        b. Freedom of Peaceful Assembly and Association.--Freedom of
    Assembly.--The constitution provides for freedom of assembly; however,
    the Government restricted this right in practice. POSA does not require
    permits for meetings or processions, but it requires that organizers
    notify the police of their intentions to hold a public gathering, which
    by definition constitutes 15 or more individuals, seven days in
    advance. Failure to do so results in criminal prosecution as well as
    civil liability. In 2008 POSA was amended as part of constitutional
    amendment 18 to require police to go to a magistrate's court and state
    in an affidavit why a public gathering should not take place. Although
    many groups that held meetings did not seek permits, other groups
    informed the police of their planned events and were denied permission,
    or their requests went unanswered. Police insisted that their
    permission was required to hold public gatherings and sometimes
    approved requests; however, they disrupted many events whether or not
    they were notified.
        On January 18, police in Harare used batons to disperse a
    demonstration on education issues at the Ministry of Education. Police
    arrested three persons--WOZA member Thabita Taona, a journalist, and a
    bystander. The journalist and bystander were released the same day.
    Taona spent two nights in police custody before she was released.
        On January 25, police in Bulawayo disrupted a peaceful march by 200
    WOZA members and beat 11 participants. Six members were arrested and
    released several hours later without charge. The women were treated for
    soft tissue bruising.
        On February 17, police arrested two women in Mutare one day after a
    peaceful Valentine's Day demonstration and a door-to-door search for
    persons who took part. The police found WOZA materials in their homes
    after an illegal search. The two women were subjected to intimidation
    and threats during their two nights in custody. They appeared in court
    on February 19 and were released after the police failed to produce
    evidence to support charges of criminal nuisance.
        On September 20, in Harare, 83 WOZA and Men of Zimbabwe Arise
    members were arrested during a march to protest unprofessional police
    conduct. After two days in detention, they were released without bail.
    Police detained WOZA national coordinator Jenni Williams for two hours
    on September 22 for unlawfully addressing the 83 members after their
    release. Williams was released without charge.
        On November 25, police in Nkayi in Matabeleland North arrested 17
    MDC-T officials, some of whom were city councilors, on charges of
    holding a public meeting without police authority. The officials denied
    the charges and claimed that the alleged meeting was a private
    Christmas party. The officials were released, and a hearing was
    scheduled for January 2011.
        According to a February report submitted by the Zimbabwe Lawyers
    for Human Rights to the Parliamentary Portfolio Committee on Home
    Affairs and Defence, at least 125 persons were arrested in 2009 for
    participating in gatherings and charged under either POSA or various
    provisions of the criminal code. In 2008 approximately 270 individuals,
    of a total of 1,446 human rights activists arrested or detained during
    the year, were charged with participating in unlawful gatherings under
    either POSA or the criminal code. None of the 2008 and 2009 cases with
    connection to POSA or the criminal code had been successfully
    prosecuted by the Government.
        In June 2009 police in Harare used batons to disperse a march by
    approximately 700 WOZA members to commemorate the International Day of
    Refugees. Police arrested five demonstrators and three journalists.
    Four of the arrested demonstrators suffered severe deep tissue
    injuries, one had a broken finger, and two were unable to walk without
    assistance. In August 2009 the four were summoned to the police station
    to make statements and answer questions in connection with their
    assault. No further action was taken by year's end.
        In September 2009 approximately 1,300 WOZA members in Bulawayo
    marched to commemorate the UN's International Day of Peace. One victim,
    Frances Vale, was unable to walk after being beaten by four police
    officers; he also suffered a fractured arm. Vale lost his job because
    his arm was improperly treated. He sued the police for damages, and the
    case was pending at year's end.
        No further action was taken in the 2009 or 2008 cases in which
    opposition figures and civil society members were harassed or arrested
    by government authorities.
        In response to continued unrest among student groups angered by
    increasing tuition, the Government continued to harass university
    student unions and student demonstrators. On January 14, police in
    Bindura arrested 28 students from the Bindura University of Science on
    allegations that they contradicted university authority by claiming
    that the Ministry of Higher Education would not provide university
    students with their exam results until they had paid the school fees.
    They were acquitted in July after the Government failed to make its
    case.
        In August 2009, 14 ZINASU representatives were arrested at the
    University of Zimbabwe while speaking to students about school fees.
    The students were charged under the Criminal Law (Codification and
    Reform) Act for participating in a gathering with intent to promote
    public violence, breach of peace, or bigotry; they were granted bail by
    a Harare magistrate. During a hearing in September 2009, a magistrate
    conceded that the section of the law the students were accused of
    contravening had been found unconstitutional and repealed several years
    earlier. On August 26, the magistrate court removed the students from
    remand and advised the prosecutor to proceed by summons if he wished to
    bring the students to trial.
        There were no developments in other student cases reported in 2009
    or 2008.

        Freedom of Association.--Although the constitution and law provide
    for freedom of association, the Government restricted this right in
    practice. Organizations generally were free of governmental
    interference only if the Government viewed their activities as
    nonpolitical. ZANU-PF supporters, sometimes with government support or
    acquiescence, intimidated and abused members of organizations perceived
    to be associated with other political parties. Suspected security force
    members visited the offices and inquired into the activities of
    numerous NGOs and other organizations that they believed opposed
    government policies.
        In late November, Criminal Investigative Department (CID) officers
    in Chivhu disrupted a Transparency International (TI) community
    outreach event. Despite a police clearance obtained prior to the event
    from the Chivhu Central Police, the CID insisted that clearances must
    be obtained from all security departments and threatened TI staff with
    arrest for distributing fliers. TI members eventually gained permission
    from the police to resume; however, six CID and three police officers
    patrolled the event. The event was disrupted for a second time shortly
    after it began by three CIO agents. TI was subsequently ordered to
    cancel the event and leave Chivhu.
        In early August the district administrator in Murehwa banned the
    NGO Crisis Coalition from conducting civic education activities in the
    area ahead of the constitutional outreach meetings by refusing to grant
    them clearance for the event.
        The formation of political parties and unions was not restricted;
    however, security forces and ZANU-PF supporters continued to interfere
    with activities of both during the year. On May 8, police in Waterfalls
    arrested Job Shikhala, MDC-99 leader, citing contravention of the POSA
    for holding a meeting without police permission. The meeting in
    question was the launching of the MDC-99 political party. Shikhala was
    released several days after arrest. On June 8, he was acquitted after
    the police failed to produce evidence in the case.
        On December 29, police barred the new political party, Zimbabwean
    African Political Union, from holding a public meeting at Tsholotsho
    Business Center on the grounds that they did not have sufficient
    manpower to cover the event.

        c. Freedom of Religion.--For a complete description of religious
    freedom, please see the 2010 International Religious Freedom Report at
    www.state.gov/g/drl/irf/rpt.

        d. Freedom of Movement, Internally Displaced Persons, Protection of
    Refugees, and Stateless Persons.--The constitution and law provide for
    freedom of movement within the country, foreign travel, emigration, and
    repatriation; however, the Government restricted these rights in
    practice. The Government generally cooperated with the Office of the UN
    High Commissioner for Refugees (UNHCR) and other humanitarian
    organizations in providing assistance to refugees, asylum seekers,
    stateless persons, and other persons of concern but it interfered with
    some humanitarian efforts directed at internally displaced persons
    (IDPs).
        Unlike in 2009, the Government did not invoke travel bans on
    foreign correspondents; however, security forces continued to harass
    foreign journalists.
        The constitution prohibits forced exile, and there were no reports
    that the Government used it. A number of persons, including former
    government officials, prominent businessmen, human rights activists,
    MDC members, and human rights lawyers, left the country and remained in
    self-imposed exile.
        The registrar general continued to deny passports based on his
    interpretation of the Citizenship Act. The act requires all citizens
    with a claim to dual citizenship to have renounced their claim to
    foreign citizenship by January 2002 to retain their Zimbabwean
    citizenship. The act revokes the citizenship of persons who fail to
    return to the country in any five-year period. However, the High Court
    ruled in 2002 that this interpretation does not take into account the
    fact that persons are not automatically assured foreign citizenship
    merely because their parents were born in a foreign country, as some
    countries require persons to confirm their citizenship, in which case
    they could be rendered stateless. It further held that it is incorrect
    to presume that, when persons have a parent or parents born out of the
    country, they are citizens of the other country by descent. In addition
    some countries, including countries in southern Africa, do not have a
    means to renounce citizenship. Independent groups estimated that as
    many as two million citizens may have been disenfranchised by the law,
    including those perceived to have anti-ZANU-PF leanings, such as the
    more than 200,000 commercial farm workers from neighboring countries
    and approximately 30,000 mostly white dual nationals. The problem
    became particularly acute during voter registration in late 2007 and
    during the 2008 elections, when some were denied the right to vote--
    despite having voted previously--because they could not adequately
    demonstrate their citizenship.

        Internally Displaced Persons (IDPs).--According to the Internal
    Displacement Monitoring Center's 2009 estimate, between 600,000 and one
    million persons remained displaced within the country as a result of
    government policies, including state-sponsored election-related
    violence, land reform, and Operation Murambatsvina in 2005. According
    to an IDP assessment report conducted during the year, approximately
    one-third of the IDPs interviewed cited Murambatsvina as the cause of
    displacement. Nevertheless, the Government denied that a serious IDP
    problem existed. Historically, the Government did not tolerate use of
    the phrase ``internally displaced persons'' and instead referred to
    ``mobile and vulnerable populations'' (MVPs). In 2009 the Government
    started acknowledging that there were some IDPs in the country and
    began to agree to use of the term when describing some populations.
    However, some government officials continued to refuse to describe
    victims of farm-related displacements as IDPs or MVPs and preferred to
    call them ``squatters.''
        Estimates for the number of IDPs varied widely and were not
    supported by comprehensive surveys conducted on a national scale due to
    the sensitivity of the issue. According to the International
    Organization for Migration (IOM), new displacements documented were
    mostly from disputed farming areas. In 2009 the IOM documented the
    displacement of 3,500 households with another 1,600 deemed at risk of
    displacement due to verifiable threats or eviction notices. During the
    year the IOM documented 466 displaced households with another 527
    households deemed at risk. Since 2009 the IOM has assisted more than
    475 households with temporary shelter, more than 1,000 households with
    emergency shelter, and 1,500 households with transitional shelter. The
    IOM and World Food Program have assisted approximately 110,000
    individuals with food assistance since 2009.
        The Government's campaign of forced evictions and the demolition of
    homes and businesses continued during the year under the land reform
    policy. For example, on August 25, police raided and burned an informal
    settlement at a race course in Harare. Approximately 50 armed police
    officers, accompanied by police dogs, arrived at the settlement and
    ordered an estimated 100 individuals to move. Police then began burning
    shacks and tents and beating the few who resisted. Nearly 55
    individuals, including five minor children, were arrested and released
    the same day. Police initially denied a request for access by a ZLHR
    lawyer. The majority of the individuals were employees of the race
    course, while the remaining were victims of Operation Murambatsvina. At
    year's end, ZLHR was in the process of assessing the property damage to
    file civil claims against the city of Harare, the police, and the
    Ministry of Home Affairs.
        Beginning in late September, the Government evicted approximately
    1,750 households from resettled former commercial farm lands without
    any provisional planning to resettle the displaced population. As of
    early December, approximately 1,050 households remained at risk of
    displacement. Illegal farm settlers, former farm workers, and persons
    internally displaced from other parts of the country constituted the
    affected population, and a majority had resided on their land for many
    years without formal offer letters or title deeds. Eviction notices
    were served in the presence of the police and the army. The eviction,
    which initiated at the start of the rain and planting season, presented
    humanitarian challenges for the affected population, particularly in
    terms of food security and relocation options.
        International organizations reported that the environment for
    humanitarian assistance operations had improved noticeably for the
    early part of the year. The Government did not substantially restrict
    NGO ability to provide IDP assistance. No formal restrictions existed
    at the national level. In a few isolated cases, organizations were
    advised by local authorities not to travel to places where there were
    ownership disputes on certain farms where workers might be at risk.
    There were cases of the Government interfering with aid distribution,
    notably in ZANU-PF strongholds, and linking the provision of assistance
    to ``voluntary'' work in the community.
        Projection of an early election in 2011 led to an increasing
    politicization of humanitarian assistance at the community level toward
    the end of year. There were credible reports of ZANU-PF local
    councilors and officials in Mashonaland forming ``committees'' through
    which NGOs had to channel humanitarian assistance. As a result, MDC
    supporters were excluded from receiving subsidized farm inputs, food
    aids, and medicines.
        In 2009 more than 5,000 farm workers and their families were
    affected by government-condoned eviction and demolition of homes and
    businesses. Approximately 3,300 families were forcibly displaced,
    sometimes violently, during government-condoned takeovers of commercial
    farms; an additional 1,800 farm workers and their families were allowed
    to remain on seized farms, but they remained at risk of displacement by
    new owners. According to a 2002 national census, the average household
    size was five persons per household, which suggested that 25,000
    persons might have been affected by the land reform program. Most were
    displaced from farms taken during the Government's politicized land
    reform program. In previous years new farm owners often allowed the
    farm workers of the previous owner to remain on the property. However,
    in 2009 evictions increased and hundreds of workers' homes were burned
    by new proprietors.
        Between April and June 2008, at least 30,000 persons were displaced
    in the wake of government-sponsored political violence and destruction
    of property, particularly in rural areas. In 2008, when violence levels
    in rural areas declined in the wake of political talks, many IDPs
    returned to or near their homes and were ``fined'' in food, animals, or
    money by local ZANU-PF militias. Many IDPs returned to their rural home
    areas and rebuilt homes damaged or destroyed in 2008, while others
    integrated into new communities within the country or in the diaspora.
    However, many families had not found permanent shelter or integration
    and continued to live in tents that were provided as temporary shelter.
    During the year the IOM started working with local authorities and
    communities to develop plans for integrating displaced families and
    affording them access to basic social services and living conditions.

        Protection of Refugees.--The country's law provides for the
    granting of asylum or refugee status, and the Government has
    established a system for providing protection to refugees.
        In law and practice, the Government provided protection against the
    expulsion or return of refugees to countries where their lives or
    freedom would be threatened on account of their race, religion,
    nationality, membership in a particular social group, or political
    opinion.
        The Government maintained a formal encampment policy whereby
    refugees must live at the Tongogara refugee camp, with access to very
    basic services and accommodation. The UNHCR ran a transit center to
    host refugees from Tongogara with serious protection problems or who
    were in the process of resettlement interviews. However, the
    Government's encampment policy posed limitations on refugees' freedom
    of movement and ability to earn a livelihood. In some cases, the
    Government informally allowed refugees with special needs to live in
    urban centers. The Government granted work permits to a few refugees,
    primarily those with special skills.
        Some refugees lived in urban areas without the permission of the
    Government and remained at risk of arrest and return to the refugee
    camp. Approximately one-quarter of the refugees lived in Harare at
    year's end. There were reports of arrests and returns to the camp
    during the year. There were also several cases of criminal allegations
    against refugees; in such cases, the UNHCR assisted the refugees in
    obtaining access to legal representation. The detention of potential
    refugees at the border due to illegal entry was also a problem, since
    the Government lacked the budget and capacity to transfer them to
    Tongogara camp.
        The UNHCR had a resettlement program that processed approximately
    230 individuals for resettlement abroad during the year. The UNHCR was
    in the process of identifying up to 700 refugees for resettlement by
    year's end.
    Section 3. Respect for Political Rights: The Right of Citizens to
            Change Their Government
        The constitution provides citizens with the right to change their
    government peacefully; however, this right was restricted in practice
    because the political process continued to be biased heavily in favor
    of ZANU-PF, which has dominated politics and government since
    independence in 1980.

        Elections and Political Participation.--Harmonized elections for
    the presidency, the House of Assembly, Senate, and local government
    were held in 2008. As in previous elections in 2000, 2002, and 2005,
    the preelection period was not free and fair. The environment was
    characterized by some violence and a media environment that heavily
    favored Mugabe. Although Tsvangirai was allowed to campaign, the police
    did not permit the MDC to hold all of its planned rallies, and some MDC
    activists were intimidated and beaten in the weeks before the election.
    Foreign journalists were not granted permission to cover the elections.
        The law stipulates that the Zimbabwe Electoral Commission (ZEC) is
    responsible for maintaining and updating the voters' roll. However, the
    ZEC lacked the capacity to carry out these functions and relied heavily
    on the Registrar General of Voters Office to help it. In the weeks
    preceding the March elections, the registrar general and the ZEC did
    not ensure an open inspection of the voters' roll until they were
    compelled to do so by a court order. In 2009 a local NGO examined the
    voters' roll in its report 2013 Vision: Seeing Double and the Dead: A
    Preliminary Audit of Zimbabwe's Voters' Roll and found numerous
    inaccuracies. Notably, the report documented attempts to register
    voters at ghost addresses, multiple registrations of the same person in
    different constituencies, and an improbable number of registered voters
    over the age of 90.
        The March 2008 election was largely peaceful, with international
    observers from African organizations present; international observers
    from Western nations were not invited. Domestic observers played a
    critical role in the 2008 election and observed both voting and vote
    tallying at polling places across the country. For the first time,
    election results were posted outside each polling station. At numerous
    polling places, observers photographed the final vote count sheet and
    distributed the images.
        The March 2008 election results demonstrated a significant shift in
    the political environment. The MDC secured a majority in numerous local
    government councils and in the House of Assembly. Lovemore Moyo of the
    MDC-T was elected Speaker of the House by secret ballot, marking the
    first time for a member not affiliated with ZANU-PF to hold the
    position.
        The results of the presidential race were not released for more
    than a month, calling into question the credibility and independence of
    the ZEC. According to the ZEC tally, the MDC-T's Tsvangirai obtained
    47.9 percent of the vote, while Mugabe obtained 43.2 percent. Simba
    Makoni, an independent candidate, received 8.3 percent. Initially, the
    MDC-T challenged the results, asserting that Tsvangirai had secured the
    majority of votes needed to win the presidency. According to the ZEC
    tally, since no candidate secured the 50 percent-plus-one needed to win
    outright, a run-off election was set for June 2008.
        The months leading to the run-off election were marred by
    widespread violence and intimidation perpetrated by the ZANU-PF
    government and its supporters. The violence left more than 150 dead,
    thousands injured, and tens of thousands displaced. In June 2008, in
    the wake of the violence, Tsvangirai announced that he would not
    contest the run-off election. Nevertheless, the Government held the
    election, and in June 2008 the ZEC announced that Mugabe had won with
    more than 85 percent of the vote; he was inaugurated immediately.
        Due to a government policy shift from the first round, the Zimbabwe
    Election Support Network (ZESN) and other domestic observers faced
    significant obstacles that prevented them from observing the June
    election. The Government greatly reduced the number of accreditations
    from more than 8,600 in the harmonized election to 500 in the
    presidential run-off. Observers charged that the shortage of
    accreditations was to curtail the ability of civil society to monitor
    the election, especially polling.
        While the country did not allow citizens of most Western countries
    to observe the elections, it allowed election observer missions from
    three African groups: the Pan African Parliament, the SADC, and the
    African Union. Each group subsequently issued statements critical of
    the election, as did the leaders of a number of neighboring countries,
    including Botswana and Zambia.
        Following domestic and international protests of Mugabe's
    inauguration, ZANU-PF and the MDC resumed negotiations, with former
    South African president Thabo Mbeki as lead SADC mediator. In September
    2008, Mugabe, Tsvangirai, and MDC-M party leader Arthur Mutambara
    signed a power-sharing agreement, known as the GPA, to establish an
    ``inclusive'' government.
        In January 2009, after several months of additional negotiations on
    the distribution of ministries and despite the abductions of MDC
    officials and Mugabe's reappointment of Reserve Bank governor Gideon
    Gono and appointment of Attorney General Johannes Tomana in violation
    of the GPA, Mugabe, Tsvangirai, and Mutambara agreed to implement an
    inclusive government. In February 2009 parliament passed constitutional
    amendment 19, which added to the Government the positions of prime
    minister, two deputy prime ministers, and a number of additional
    ministries and deputy ministry positions. Passage of the amendment
    paved the way for the inauguration of MDC-T leader Tsvangirai as prime
    minister, alongside deputy prime ministers Arthur Mutambara and
    Thokozani Khupe. Forty-one ministers and 20 deputy ministers also were
    sworn into office.
        In December 2009, several months after parliament submitted
    nominations to his office, President Mugabe named the members of three
    of four independent commissions, including the Media, Human Rights, and
    Electoral Commissions, as provided for in the GPA. On March 31, the
    president swore into office the Human Rights Commission, headed by
    prominent academic Reginald Austin, and the electoral commission,
    headed by former judge Simpson Mutambanengwe. President Mugabe had not
    appointed members to the Anticorruption Commission by year's end.
        The GPA mandates the writing of a new constitution. In July 2009
    the first All Stakeholders Conference was held in Harare to create a
    framework for the process. ZANU-PF supporters and war veterans
    disrupted the conference on its opening day, and it only resumed the
    following day after intervention by President Mugabe. The
    Constitutional Parliamentary Committee (COPAC), with three
    cochairpersons from the MDC-T, MDC-M, and ZANU-PF, led the process.
    Seventy outreach teams, with 12 members in each team, were set up to
    solicit public input. The outreach process was scheduled to begin in
    November 2009, to be completed by February, with the draft to be voted
    on in a national referendum by July. COPAC officially began the
    outreach on June 18, seven months behind schedule; it was completed by
    October. The outreach effort was rife with reports of intimidation,
    disruption, harassment, arrest of MDC-T supporters and members of
    parliament, and precoaching conducted by ZANU-PF supporters. Contrary
    to expectation, there were few cases of violence and human rights
    abuses.
        The cabinet agreed to amend portions of the Electoral Act in early
    July. The reforms, which had previously been agreed by the GPA
    negotiators, were designed to minimize election rigging by requiring
    presidential election results be announced within five days of voting,
    the voters' rolls be specific to polling stations, and electronic
    copies of the voters' roll be freely accessible. The amendments were
    pending approval by parliament at year's end.
        President Mugabe continued to make unilateral decisions without
    consulting the other two principals in the Government, as required by
    the GPA. For example, on May 20, President Mugabe appointed one judge
    to the Supreme Court and four to the High Court without consulting
    Prime Minister Tsvangirai and Deputy Prime Minister Mutambara. On July
    24, President Mugabe reassigned the country's ambassadors and
    representatives to Russia, Italy, Sweden, and South Africa, and the UN
    without consulting his coprincipals in the inclusive government.
        The ZEC was established in 2005 but was not constitutionally
    mandated until the passage of amendment 19. Under the amendment, the
    ZEC is charged with directing voter registration, maintaining the
    voters roll, conducting voter education, accrediting observers, and
    conducting elections. The ZEC consists of nine members, four of whom
    must be women, who are appointed by the president. The chairperson is
    appointed after consultation with the Judicial Service Commission,
    while the other eight are appointed from a list of nominees submitted
    by the Parliamentary Committee on Standing Rules and Orders. The ZEC
    also has provincial and district offices. President Mugabe announced
    the eight members of the ZEC in December 2009 and named Namibia-based
    Judge Simpson Mtambanengwe as chairperson on March 31. Since the ZEC's
    inception, observers have questioned its independence and impartiality.
        The constitution empowers the ZEC to set the boundaries of
    parliamentary and local constituencies. The delimitation report was
    completed in 2008 without debate in parliament, in contravention of the
    constitutional requirement. The MDC and members of civil society
    criticized the delimitation of wards and constituencies as favoring
    ZANU-PF.
        Although the constitution allows for multiple parties, ZANU-PF and
    security forces intimidated and committed abuses against other parties
    and their supporters and obstructed their activities.
        Under the constitution, the president may unilaterally declare a
    state of public emergency for a period of up to 14 days. The GPA
    stipulates that the president must consult with prime minister prior to
    dissolving parliament, prior to appointing or removing a vice president
    and any minister or deputy minister, and prior to appointing eight
    provincial governors who sit in parliament.
        In the 2008 elections the MDC-T won a majority of seats in city
    councils across the country. However, the Government routinely
    interfered with MDC-led local governments. For example, on August 25,
    the ZANU-PF minister of local government, urban, and rural development
    suspended seven MDC-T councilors from the Harare City Council on the
    charge that they had illegally evicted widows and orphans from houses
    belonging to the council. Councilors Job Mbadzi and Herbert Gomba were
    acquitted, while Peter Marange was found guilty and given a warning. On
    December 6, councilors Silas Machetu, Maxwell Katsande, Paul Gorekore,
    and Johnson Zaranyika were convicted and dismissed from the council.
    The councilors appealed their conviction in the High Court; the case
    was pending at year's end (see section 4).
        Under the Urban Councils Act, the Ministry of Local Government,
    Urban, and Rural Development has the power to appoint ``special
    interest councilors'' to local councils to represent special interest
    groups. Such appointments are intended to fill ``gaps'' by including
    members of business and civil society in the councils.
        After the 2008 elections, there were 34 women in the 210-seat House
    of Assembly. Women won 23 of the 60 elected seats in the Senate,
    including the president of the Senate. One vice president, one deputy
    prime minister, five ministers, and two governors were women. Of the
    270 elected positions in the House of Assembly and the Senate, 57 were
    filled by women, constituting 21 percent of the total, short of the
    SADC target of one-third for female representation. Women participated
    in politics without legal restriction, although according to local
    women's groups husbands commonly directed their wives to vote for the
    husbands' preferred candidates, particularly in rural areas. The ZANU-
    PF congress allotted women one-third of party positions and reserved 50
    positions for women on the party's 180-member central committee, which
    was one of the party's most powerful organizations.
        There were 11 members of minority groups in the cabinet, including
    Deputy Prime Minister Thokozani Khupe; former vice president Joseph
    Msika, who died in August 2009, and his replacement selected by the
    ZANU-PF party congress; and Vice President Joshua Nkomo, who was sworn
    in on December 2009. There were 46 members of minority groups in the
    House of Assembly, including three whites.
    Section 4. Official Corruption and Government Transparency
        The law provides criminal penalties for official corruption;
    however, the Government did not implement the law effectively and
    impartially, and officials frequently engaged in corrupt practices with
    impunity. According to World Bank Worldwide Governance Indicators,
    corruption was a severe problem. Implementation of the Government's
    redistribution of expropriated white-owned commercial farms often
    favored ZANU-PF elite and continued to lack transparency. High-level
    ZANU-PF officials continued to select numerous farms and register them
    in the names of family members to evade the Government's policy of one
    farm per official. The Government continued to allow individuals
    aligned with top officials to seize land not designated for
    acquisition. Public officials were not subject to financial disclosure
    laws.
        Corruption was particularly pervasive in local government where
    officials abused their positions and government resources openly and
    with impunity. According to Transparency International-Zimbabwe's (TIZ)
    Advocacy and Legal Advice Center (ALAC), a total of 642 corruption-
    related complaints were received between April 2009 and April 2010; the
    vast majority of complaints received in 2009 came from urban residents
    complaining about local government bribery, misappropriation of
    government resources, and abuse of power. Local councilors' control of
    the designation and allocation of new land lots for residential and
    commercial use led to numerous allegations of bribe attempts and rent-
    seeking opportunities. Local government officials also demanded bribes
    or excessive fees for ``expediting'' paperwork, including birth
    certificates, passports, and licenses. Allegations of corruption were
    reported for both ZANU-PF and MDC-T councilors.
        For example, in Chitungwiza, a high density suburb outside of
    Harare, MDC-T councilors were unable to deliver city services largely
    due to council corruption and a lack of oversight and accountability.
    In response the MDC-T expelled all of the MDC-T councilors in
    Chitungwiza from the party early in the year. However, the expelled
    councilors remained in their elected positions and continued to serve
    as independent councilors at year's end.
        Corruption occurred at every level of the police force but took
    different forms depending on position, rank, or location. At the lower
    levels, corrupt officers extorted nominal to exorbitant fees for
    varying offenses from the public in an effort to augment their low
    salaries. However, numerous reports of corrupt police officials being
    investigated and arrested for criminal activity appeared throughout the
    year. Armed police continued routinely to erect roadblocks in and
    around cities and rural districts, claiming to be looking for
    criminals, smuggled goods, and food. However, in many cases police
    arbitrarily seized goods for their own consumption or extracted bribes
    from commuters.
        Constitutional amendment 19 requires that a previous anticorruption
    commission be disbanded and a new one appointed. The commission members
    had not been named by year's end.
        In early January the MDC-T set up a 13-member team to investigate
    reports of alleged corruption by its cabinet ministers, law makers, and
    councilors. Prosecutions for corruption continued but were selective
    and generally seen as politically motivated. The Government targeted
    MDC-T officials, persons who had fallen out of favor with ZANU-PF, and
    individuals without high-level political backing. On March 15, Justice
    and Legal Affairs Minister Patrick Chinamasa claimed that corruption
    was rampant among legal practitioners, both in public and private
    practice, and blamed leading criminal lawyers for bribing magistrates
    and prosecutors. Chinamasa also cautioned prosecutors against
    recklessly invoking a section of the CPEA, which allows the police to
    keep the accused in custody for an additional seven days after the
    granting of bail to allow the Government to appeal a decision to grant
    bail. In practice Chinamasa did not enforce this policy.
        On April 7, police arrested two Harare city councilors, Casper
    Takura and Warship Dumba, on the charge of criminal defamation for
    their involvement in a report that exposed illegal business dealings
    between businessman Phillip Chiyangwa and Local Government Minister
    Ignatius Chombo (ZANU-PF). The report documented how city-owned
    properties were sold to Chiyangwa in violation of city policy and law,
    and how Chombo and city council employees illegally sold property
    between 2005 and 2009. Takura and Dumba were released without charge.
    Chiyangwa sued the mayor of Harare, Muchadeyi Masunda, and nine
    councilors for criminal defamation in connection with the same report.
    The trial began on May 6 and was postponed to allow the High Court to
    deal with a separate application by the mayor and councilors
    challenging the magistrate's decision to place them in detention. On
    November 2, Chiyangwa withdrew the charges against the mayor and
    councilors. On August 25, Chombo suspended seven MDC-T councilors from
    the Harare City Council, accusing them of illegally evicting widows and
    orphans from council houses. The MDC-T denounced this move as part of a
    ploy to frustrate the investigation into the allegations against
    Chiyangwa, Chombo, and the city council employees. Chombo set up an
    independent disciplinary committee to conduct hearings on the
    allegations. The committee acquitted two councilors, Job Mbadzi and
    Herbert Gomba, and found Councilor Peter Marange guilty. The other four
    councilors, Silas Machetu, Maxwell Katsande, Paul Gorekore, and Johnson
    Zaranyika, were convicted and dismissed from the council on December 6.
    The four councilors appealed their conviction in the High Court; the
    case was pending at year's end.
        On June 28, police arrested businessman and prominent ZANU-PF
    member Temba Mliswa for fraudulently taking over a car accessory
    company in Harare. Mliswa was arrested along with Martin Mutasa, son of
    the ZANU-PF minister of presidential affairs, after publically accusing
    Commissioner General Augustine Chihuri of corruption. Mliswa was
    released on bail on July 5 but was continuously rearrested on new
    charges following his release. He was finally released on $1,000 bail
    on August 10 after nearly six weeks of incarceration. Mliswa faced more
    than70 charges related to the alleged illegal seizing of farms and farm
    equipment since 2002. On December 22, the court acquitted Mliswa of
    some of the fraud and extortion charges, citing insufficient evidence;
    however, testimony during the trial indicted that Mliswa's extensive
    list of alleged crimes was committed with the complicity,
    participation, and knowledge of several senior ZANU-PF, military, and
    police officials. Other charges were pending at year's end.
        In March 2009 Brigadier General Douglas Nyikayaramba, head of a
    committee to administer the provision of farming inputs, namely seed
    and fertilizer, named nine MPs whom he stated had abused a program that
    provided inputs to legislators by taking more inputs than they were
    allocated. Those accused included MDC-T MPs Evelyn Masaiti, Ernest
    Mudavanhu, Hamandishe Maramwidze, Edmore Marima, Heya Shoko, Ransome
    Makamure, and Tachiona Mharadza. ZANU-PF MPs Tranos Huruba and Ivine
    Dzingirayi were also accused. Mudavanhu was released on bail in
    September 2009 pending appeal. Makamure, Marima, and Shoko were
    acquitted in 2009. Dzingirayi, Masaiti, and Mudavanhu were acquitted
    during the year; the remaining case was pending at year's end.
    Convicted MPs could lose their seats in parliament.
        There were reports that ZANU-PF officials in the Government removed
    persons perceived to be MDC supporters from the civil service and the
    military. There also were reports that the Government assigned soldiers
    and youth service members to work in government ministries. It was
    common for the minister of local government to appoint ZANU-PF
    supporters to bureaucratic positions in MDC-led local governments. City
    public administrators reportedly earned hugely inflated salaries. In
    August 2009 the comptroller and auditor general submitted a report to
    parliament that documented significant irregularities within the
    Ministry of Youth Development, Indigenization, and Empowerment.
    Notably, the report stated that there were more than 10,000 names on
    the ministry's payroll that were not reflected in human resources
    records and that 458 persons were listed twice.
        NGOs documented numerous cases of public officials soliciting
    bribes to allocate lots and market stalls in the major cities. For
    example, there were reports that the Chitungwiza local council
    artificially lowered prices for residential stands to $200, while the
    market value was closer to $2,500, and collecting large bribes from
    well-connected individuals.
        In December 2009 the MDC-T announced it was suspending MDC-T mayor
    of Chitungwiza, Israel Marange, and several other MDC-T officials who
    were accused of corruption. Minister of Local Government Chombo,
    however, refused to dismiss the councilors, saying the issue was
    internal to the MDC-T. The councilors continued to serve at year's end.
        In April 2009, TIZ's ALAC began an anticorruption campaign by
    inaugurating a toll-free hotline for residents to report corruption,
    seek free legal advice, and propose solutions to prevent corruption,
    TIZ also established a monthly newsletter to discuss hotline
    complaints. Although the hotline was initially advertised in
    government-controlled media, in August 2009 the national public
    broadcaster, Zimbabwe Broadcasting Holdings, refused to carry TIZ's
    advertisements. Many hotline callers complained about police soliciting
    bribes at traffic stops, corruption in the allocation of vending
    stalls, and officials' misappropriation of funds. The complainants were
    also disgruntled about the ineffectiveness of public institutions
    mandated to fight corruption, including the police and the
    Anticorruption Commission.
        The Government stated that the AIPPA was intended to improve public
    access to government information; however, the law contains provisions
    that restrict freedom of speech and press, and these elements of the
    law were the ones the Government enforced most vigorously.
    Section 5. Governmental Attitude Regarding International and
            Nongovernmental Investigation of Alleged Violations of Human
            Rights
        A number of domestic and international human rights groups operated
    in the country, investigating and publishing their findings on human
    rights cases; however, they were subject to government restrictions,
    interference, monitoring, and harassment. Domestic NGOs worked on human
    rights and democracy issues, including lobbying for revision of POSA
    and the AIPPA; election observation; constitutional and electoral
    reform; increasing women's access to the courts; raising awareness of
    the abuse of children; conducting civic education; advocating for the
    independence of the judiciary; and combating torture, arbitrary
    detention, and restrictions on freedom of the press and assembly. Major
    domestic independent human rights organizations included the Crisis in
    Zimbabwe Coalition, Zimbabwe Human Rights NGO Forum, ZESN, ZLHR,
    Zimbabwe Peace Project, National Constitutional Assembly (NCA),
    Students Solidarity Trust, and WOZA.
        The Government continued to use the Government-controlled media to
    disparage and attack human rights groups. Articles typically dismissed
    the efforts and recommendations of NGOs that were considered critical
    of the Government as efforts by groups that merely did the bidding of
    Western governments.
        During the year police arrested or detained NGO members, often in
    connection with demonstrations or marches; several were beaten during
    arrest and tortured while in custody. Numerous NGO members died in
    postelection violence in 2008.
        On March 23, police in Harare arrested Zimbabwe Human Rights
    Organization (ZimRights) director Okay Machisa for planning an
    exhibition of 65 photographs showing a range of images from the 2008
    election. Machisa was released several hours later after Prime Minister
    Tsvangirai pressured co-minister of home affairs Giles Mutsekwa to
    secure his release. On March 24, High Court judge Samuel Kudya ordered
    that the photos be released within an hour and ordered the police not
    to intervene in the exhibition. The photos arrived at the gallery only
    a few minutes before Tsvangirai's arrival to open the exhibit. After
    his departure, police returned to the gallery three times to search for
    the photos and Machisa and demanded entry without a warrant. ZimRights
    staff removed the photos from the gallery prior to the police return
    and denied entry throughout the night. On April 26, police arrested
    Joel Hita, ZimRights regional chairperson for Masvingo, and three other
    employees for organizing the same photo exhibition without notifying
    the police. The case was pending at year's end.
        The Government harassed some NGOs it believed opposed government
    policies, investigated their activities, and harassed their leaders.
    For example, on May 27, police in Mutare raided the office and
    residence of the Center for Research and Development director Farai
    Maguwu and arrested Lisben Maguwu. Lisben was charged with obstructing
    justice by assisting Farai Maguwu to escape through a window. Farai
    Maguwu went into hiding and, accompanied by lawyers, turned himself in
    on June 3. He appeared in court on June 8 and was detained illegally
    for more than 48 hours. While in police custody, he developed
    bronchitis; however, police denied him access to private medical care
    despite multiple court orders. The Government initially charged him
    with communicating information prejudicial to the state to Kimberly
    Process Certification Scheme monitor Abbey Chikane. The Government then
    charged him with communicating information that was prejudicial to the
    state's economic interest to human rights activists Gabriel Shumba, Tor
    Hugne-Olsen, and Anton Dekker. The magistrate court repeatedly denied
    bail, citing the gravity of the charge and the ongoing investigation.
    On July 12, the High Court granted bail on an appeal of the bail denial
    at the magistrate court. Bail conditions included $1,500, daily
    reporting to the Mutare police station, restricted movement in Mutare,
    and surrender of his international passport. In July police in Mutare
    called Farai Maguwu to the police station for driving a car alleged to
    be stolen. The magistrate court relaxed the bail conditions on August
    17. On October 22, Magistrate Vongai Muchuchuti acquitted Farai Maguwu
    after the Government withdrew its case.
        Representatives of international and foreign NGOs were arbitrarily
    harassed. For example, on September 9, police arrested four foreigners
    along with two members from the Allen Temple AIDS Ministry on the
    charge of practicing medicine without the supervision of a pharmacist.
    The four pled not guilty and were released on September 13 on $200 bail
    each. The case was pending at year's end.
        In 2007 parliament unanimously approved constitutional amendment
    18, which provides for the establishment of a parliamentary human
    rights commission; this was reiterated in amendment 19, which was
    adopted by parliament in February 2009. In December 2009 President
    Mugabe announced eight members of the Human Rights Commission, four of
    whom are required to be women, and, on March 31, named Namibia-based
    academic Reginald Austin as chairperson.
    Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
        The constitution and law provide that no person can be deprived of
    fundamental rights, such as the right to life, liberty, and security of
    person, based on one's race, tribe, place of origin, political
    opinions, color, creed, gender, or disability; however, the
    constitution allows for discrimination, primarily against women, on the
    grounds of ``customary law.'' Discrimination against women and persons
    with disabilities persisted. The Government and ZANU-PF continued to
    infringe on the right to due process, citizenship, and property
    ownership in ways that affected the white minority disproportionately.

        Women.--The law makes rape and nonconsensual sex between married
    partners a crime; however, few cases of rape, especially spousal rape,
    were reported to authorities because women were unaware that spousal
    rape was a crime and feared losing the support of their families,
    particularly in rural areas. Government statistics on rape were
    unavailable, but anecdotal evidence indicated it remained a widespread
    problem. The criminal code defines sexual offenses as rape, sodomy,
    incest, indecent assault, or immoral or indecent acts with a child or
    person with mental disabilities and provides for penalties up to life
    in prison for sexual crimes. Police acted on reported rape cases not
    associated with political violence, and the Government media frequently
    published stories denouncing rape and reporting convictions. In many
    cases, the survivors knew their rapists. The criminal code also makes
    it a crime to knowingly infect anyone with HIV and provides for
    penalties up to five years in prison. Local NGOs dealing with women's
    rights reported that rape cases were brought to the court and there
    were convictions; however, statistics were unavailable. Children born
    from rape suffered stigmatization and marginalization if their mothers
    or extended families failed to report the rape and failed to register
    their births.
        Rape survivors seldom received protection in court under law. For
    example, in August, Mildred Mapingure filed a suit against the
    Government, claiming $52,000 in damages for wrongful birth. Mapingure
    was raped by armed robbers and became pregnant. She reported the rape
    to the police and applied for termination of pregnancy in accordance
    with the Termination of Pregnancy Act. The courts delayed hearing the
    matter and granted Mapingure authority to terminate the pregnancy only
    when she was seven months pregnant. The doctors refused to terminate
    the pregnancy at that advanced stage and she gave birth as a result.
        During the year, two adult rape clinics were set up in public
    hospitals in Harare and Mutare. The clinics were designed to receive
    referrals from the police and NGOs working with rape survivors and to
    administer HIV tests and provide medicines to prevent HIV infection,
    other sexually transmitted diseases, and pregnancy. The clinics could
    collect evidence and give medical examination that could be used for
    court processes. According to one medical NGO, the clinics were well
    organized but had been poorly advertised due to fear that their
    capacity could not meet likely demand.
        In November 2009 the IOM, UNICEF, and the UN Population Fund
    created a one-stop center project for gender-based violence survivors.
    One one-stop center and three general centers were set up around the
    country. The announcement came in response to a survey that found that
    the country's social, political, and economic instability had led to an
    increase in sexual abuse of women, girls, and some boys. More than 50
    percent of the 1,900 persons interviewed, both male and female,
    reported that they had been raped. Nearly half of the respondents
    stated that they did not know what to do to cope with rape experiences.
        Domestic violence against women, especially wife-beating, continued
    to be a serious problem. The Musasa Project, a local NGO that worked
    for the protection and promotion of women's rights, reported that many
    women in the country were in an abusive marital relationship. Most
    cases of domestic violence went unreported, due to traditional
    sensitivities and the women's fear of abandonment without support.
    Authorities generally considered domestic violence to be a private
    matter and usually only arrested an offender for assault if there was
    physical evidence of abuse. There were newspaper reports of wife
    killings, and there were a few reports of prosecutions and convictions
    for such crimes; however, details were unavailable.
        In 2007 the Government enacted the Domestic Violence Act, which
    criminalizes domestic violence and provides enhanced protection for
    victims of abuse; the act was viewed as a milestone by women's rights
    groups. The law provides for a fine and a maximum prison sentence of 10
    years. The Ministry of Women's Affairs, Gender, and Community
    Development and local women's groups coordinated efforts to develop an
    implementation strategy after the act passed parliament in 2006. In
    October 2009 the ministry created an 11-member Anti-Domestic Violence
    Council to monitor the implementation of the act, with members drawn
    from government, civil society, churches, and traditional leaders. The
    council was ineffective, due to the unavailability of statistics and
    information on prevailing trends of domestic violence and lack of
    funding.
        The Government continued a public awareness campaign about the act.
    Several women's rights groups worked with law enforcement and provided
    training and literature on domestic violence as well as shelters and
    counseling for women. However, the high turnover rate within the police
    force demanded a continuous level of training that could not be met.
    Local women's rights groups reported that awareness of the domestic
    violence act increased; however, the press reported that the act proved
    difficult to implement. For example, one impediment was the police form
    to report domestic violence: not only was it difficult to complete, but
    due to budget constraints police would ask victims to make their own
    photocopies of the form.
        Labor legislation prohibits sexual harassment in the workplace, and
    an employer may be held liable for civil remedies if found to be in
    violation of provisions against ``unfair labor practices,'' including
    sexual harassment. Penalties for these violations are not specified in
    the law. Women commonly faced workplace sexual harassment, government
    enforcement was not effective, and there were no reports of any
    prosecutions during the year.
        Couples and individuals have the right to decide freely and
    responsibly the number, spacing, and timing of their children and to
    have the information and means to do so free from discrimination,
    coercion, and violence. Inadequate medical facilities, including a lack
    of electricity and medication, contributed to a relatively high
    maternal mortality ratio of 880 deaths per 100,000 live births. HIV/
    AIDS disproportionately affected females and was the major contributing
    factor to maternal deaths in the context of a weakened health delivery
    system. According to UNICEF's November 2009 Multiple Indicators
    Monitoring Survey (MIMS), 65 percent of women who were married or in a
    union used modern methods of contraception. Approximately 60 percent of
    births were attended by skilled attendants, while 40 percent of women
    gave birth at home. Half of the mothers between the ages of 15 and 19
    delivered their babies at home. Approximately 93 percent of women
    received prenatal care during pregnancy at least once. There was no
    information available on whether women were equally diagnosed and
    treated for sexually transmitted infections, including HIV.
        Despite laws aimed at enhancing women's rights and countering
    certain discriminatory traditional practices, women remained
    disadvantaged in society. Economic dependency and prevailing social
    norms prevented rural women in particular from combating societal
    discrimination. Despite legal prohibitions, women remained vulnerable
    to entrenched customary practices, including pledging young women to
    marry partners not of their choosing and forcing widows to marry the
    brothers of their late spouses.
        The law recognizes women's right to own property independently of
    their husbands or fathers; however, many women continued to be unaware
    of their property and inheritance rights. Divorce and maintenance laws
    were equitable, but many women lacked awareness of their rights. Women
    have the right to register their children's birth; however, in practice
    either the fathers or male relatives must be present. On June 3, the
    Supreme Court ruled in Margaret Dongo v. Registrar General that the
    registrar general has no right to bar mothers from obtaining passports
    for their children. The ruling followed a constitutional challenge
    filed against the discriminatory effect of the Guardianship of Minors
    Act, whereby the legal guardianship of minor children born in wedlock
    is vested only in their fathers. Justice Rita Makarau ruled that the
    application for a passport is not a judicial act and that the exclusive
    assistance of the minor child's legal guardian is not a legal
    requirement.
        Women and children continued to be adversely affected by the
    Government's forced evictions, demolition of homes and businesses, and
    takeover of commercial farms. Many widows who earned their income in
    the informal economy or by renting cottages on their property lost
    income when their market stalls or cottages were destroyed. Widows
    faced particular difficulties when forced to relocate to rural areas.
        The Ministry of Women's Affairs, Gender, and Community Development
    continued its efforts to advance women's rights. The ministry, through
    collaboration with local NGOs, continued training workshops for
    traditional leaders in rural communities to create more awareness of
    women's issues. The Government gave qualified women access to training
    in the armed forces and national service. Although there were advances
    for women within the armed forces in recent years, they continued to
    occupy primarily administrative positions. In recent years, women
    progressed in health and education but in general were concentrated in
    the lower echelons of the workforce, especially in the financial
    industry. Women held positions of importance in the legislative and
    executive branches of the Government.
        NGOs reported that anecdotal evidence indicated that women
    experienced economic discrimination, including in access to employment,
    credit, pay, and owning or managing businesses.
        Several active women's rights groups concentrated on improving
    women's knowledge of their legal rights, increasing their economic
    power, combating domestic violence, and protecting women against
    domestic violence and sexual transmission of HIV/AIDS. The Government
    established the National AIDS Trust Fund to levy a 3 percent tax on
    incomes of individuals in formal employment and corporate entities.

        Children.--Citizenship is derived from birth in the country and
    from one's parents, and every birth has to be registered with the
    Births and Deaths Registry. The 2003 Citizenship Amendment Act
    significantly changed citizenship laws and resulted in statelessness
    for some persons who were born to foreign-born parents (see section
    2.d.). Not all births were registered immediately, particularly if a
    child was born in a rural area outside a government hospital. Other
    reasons for failure to register births included fathers being absent or
    lacking time to register, parents not having a national identity card
    or birth certificate, the high cost of registration, and proximity to a
    place of registration. The failure to register all births resulted in
    some difficulties in accessing public services, particularly education
    and identification documents.
        Although legislation existed to protect children's rights, it was
    difficult to administer and enforce, primarily due to a lack of
    resources. Many orphaned children were unable to obtain birth
    certificates, which the Child Protection Society reported made it
    difficult for the children to enroll in school and access health
    services; however, the Government made improvements in 2007 by
    decentralizing the authority to issue birth certificates to local
    registrar general offices throughout the country. According to the
    UNICEF's MIMS, 37 percent of children under five years of age possessed
    birth certificates.
        Schools and clinics operated in most communities, although many
    families struggled to pay fees and purchase educational materials for
    their children. According to statistics from UNICEF, one-quarter of the
    country's children were orphans, of which approximately 70 percent were
    orphaned due to HIV/AIDS. Orphans and vulnerable children (OVC)
    together constituted 37 percent of the country's children, and
    approximately 80 percent of OVCs did not receive any form of external
    support. An estimated 100,000 children lived in child-headed
    households. Data on street children was not available at year's end.
        In 2007 the Ministry of Public Service, Labor, and Social Welfare
    and UNICEF formalized agreements with 21 NGOs to advance the National
    Action Plan for OVCs, which was designed to ensure that OVCs were able
    to access education, food, health services, and birth registration and
    were protected from abuse and exploitation. UNICEF reported that by
    February the NGOs involved had reached more than 800,000 OVCs with
    comprehensive support and protection since the beginning of the
    program.
        Primary education is not compulsory, free, or universal. According
    to the UNICEF's MIMS, 92 and 90 percent of female and male children of
    primary school age, respectively, attended primary school. Ninety-four
    percent of children of primary school age attended school in urban
    areas compared with 90 percent in rural areas. In 2009 the Ministry of
    Education, Sport, Art, and Culture drastically reduced school fees,
    particularly in rural areas, to increase enrollment. However, due to a
    lack of funding from the central government, some schools began to
    charge levies of up to several hundred dollars for the school year,
    which were prohibitive for many students. Some children continued to
    pay school fees and levies with crops and livestock if they did not
    have adequate hard currency. Despite a directive from the minister of
    education that no child should be refused education for not paying
    school fees, there were reports that students with unpaid fees were
    locked out or turned away from schools.
        Continuing economic hardship, displacement of thousands of children
    from their homes as a result of election-related violence in 2008,
    farm-related violence during the year, emigration of qualified
    teachers, and distance of the closest schools continued to affect
    enrollment rates. According to UNICEF, 71 percent of children who were
    not enrolled in school did not attend in 2009 because of financial
    constraints. In most regions of the country, fewer girls than boys
    attended secondary school. If a family was unable to pay tuition costs,
    it was most often female children who left school or never began. The
    Child Protection Society reported that girls were more likely to drop
    out because they were more readily employable, especially as domestic
    workers.
        Child abuse, including incest, infanticide, child abandonment, and
    rape, continued to be serious problems. Police statistics showed that
    reports of child rape tripled between 2005 and 2007. Anecdotal evidence
    suggested that a relative or someone who lived with the child was the
    most common abuser. Girl Child Network (GCN) reported that girls
    believed to be virgins were at risk of rape due to the belief among
    some that having sex with a virgin would cure men of HIV/AIDS. In 2008
    UNICEF and the Government launched the Stand Up and Speak Out child
    abuse awareness and prevention campaign. In October 2009 the NGO Plan
    Zimbabwe and the Ministry of Education, Sport, Art, and Culture
    launched the Learn Without Fear campaign, aimed at eradicating child
    abuse in schools. The campaign began after a study found that many
    children had been victims of unreported sexual and physical abuse by
    their teachers and peers. During the year the GCN reported an increase
    in the reports of violence in schools, with numerous cases of children
    suffering serious injuries from corporal punishment.
        The traditional practice of offering a young girl in marriage as
    compensatory payment in interfamily disputes continued, as did arranged
    marriage of young girls. The legal age for a civil marriage is 18,
    although 16- and 17-year-old girls could marry with their parents'
    approval. Customary marriage, recognized under the Customary Marriages
    Act, does not provide for a minimum marriage age for either boys or
    girls; however, the criminal code prohibits sexual relations with
    anyone younger than 18 years of age. According to UNICEF, one-third of
    women married when they were under 18 years of age, and 5 percent of
    women married when they were under 15 years of age. Approximately 21
    percent of young women between the ages of 15 and 19 were married or in
    a union. Child welfare NGOs reported that they occasionally saw
    evidence of underage marriages, particularly in isolated religious
    communities or among HIV/AIDS orphans who did not have relatives
    willing or able to take care of them.
        Statutory rape, legally defined as sexual intercourse with a child
    under the age of 12, carries a fine of $2,000, imprisonment up to 10
    years, or both. A person in possession of child pornography can be
    charged with public indecency and faces a fine of $600, imprisonment up
    to six months, or both. Child prostitution carries a fine of $200,
    imprisonment up to six months, or both. Those charged with child
    prostitution were often also charged with statutory rape. A parent or
    guardian who causes or allows a child under 18 years of age to
    associate with or become a prostitute could face up to 10 years in
    prison.
        Traditionally, the Government gave preference to National Youth
    Service (NYS) graduates among those seeking employment in the
    Government, especially in the security forces. From the time of its
    inception in 2000 until its suspension in 2007, an estimated 80,000 NYS
    youths underwent militia training at more than 150 training camps
    across the country. The stated purpose of the training camps was to
    instill national pride in youth, highlight the history of the struggle
    for independence, and develop employment skills; however, news reports
    quoted deserters as stating that the camps subjected trainees to
    partisan political indoctrination as well as military training. There
    were numerous credible reports that graduates were used by the
    Government to carry out political violence, human rights violations,
    and intimidation. There were numerous reports from NGOs that children
    as young as 16 participated in ZANU-PF affiliated youth militias, which
    perpetrated violence across the country during the 2008 election
    period. After the program's suspension in 2007, some participants were
    absorbed into the country's security structures, including the army,
    prisons, air force, intelligence organization, and police. Persons
    under the age of 18 are prohibited from joining the military or police.
        There were approximately one million orphans and OVCs in the
    country. One of the biggest contributing factors was the high HIV/AIDS
    rate. Approximately13 percent of the population was infected, and an
    estimated 2,214 persons died per week. The vast majority of orphans
    were cared for by the extended family. Many grandparents were left to
    care for the young and, in many cases, children or adolescents headed
    families and were forced to work to survive. Orphaned children were
    more likely to be abused; not to be enrolled in school; to suffer
    discrimination and social stigma; and to be vulnerable to food
    insecurity, malnutrition, and HIV/AIDS. Extended families and
    communities often refused to take orphans due to fear that they or
    their own children might contract HIV. Some children were forced to
    turn to prostitution for income.
        UNICEF estimated that at least 10,000 children were displaced in
    election-related violence in 2008. Several thousand were also displaced
    with their parents as a result of farm-related violence and evictions
    in 2009. At year's end, NGOs were uncertain how many children remained
    affected. Economic hardships and the Government's lack of support for
    social welfare institutions contributed to a highly vulnerable
    population of street children throughout the country. NGOs operated
    training centers and homes for street children and orphans, and
    government officials referred children to these centers.
        The country is a party to the 1980 Hague Convention on the Civil
    Aspects of International Child Abduction. For information on
    international parental child abduction, please see the Department of
    State's annual report on compliance at http://travel.state.gov/
    abduction/resources/congressreport/congressreport--4308.html, as well
    as country-specific information at http://travel.state.gov/abduction/
    country/country--3781.html.

        Anti-Semitism.--The Jewish community numbered approximately 270
    persons. There were no reports of anti-Semitic acts or underlying
    pattern of discrimination.

        Trafficking in Persons.--For information on trafficking in persons,
    please see the Department of State's annual Trafficking in Persons
    Report at www.state.gov/g/tip.

        Persons With Disabilities.--The constitution and law prohibit
    discrimination against persons with disabilities in employment, access
    to public places, and the provision of services; however, the law was
    not widely known or implemented by government institutions. The lack of
    resources devoted to training and education severely hampered the
    ability of persons with disabilities to compete for scarce jobs. The
    law stipulates that government buildings be accessible to persons with
    disabilities, but implementation was slow. NGOs continued to lobby to
    include persons with albinism in the definition of ``disabled'' under
    the law. Persons with disabilities faced harsh societal discrimination.
    Traditional belief viewed persons with disabilities as bewitched and,
    consequently, as persons who should be locked away; children with
    disabilities often were hidden when visitors arrived.
        Children with disabilities were discriminated against in
    educational institutions. The unavailability of essential services,
    including sign language interpreters, Braille materials, and ramps
    prevented children with disabilities from attending school. Many
    schools refused to accept children with certain disabilities.
        According to the National Association of Societies for the Care of
    the Handicapped, persons with disabilities continued to be a forgotten
    and invisible group in society. For example, although an estimated 10
    percent of citizens had disabilities, they were marginalized from HIV/
    AIDS intervention programs. The organization also reported that only 33
    percent of children with disabilities had access to education.
        Persons with mental disabilities also suffered from inadequate
    medical care and general provision of health services. There were eight
    centralized mental health institutions in the country with a holding
    capacity of more than 1,300 patients. The eight institutions were
    allocated approximately1 percent of the Ministry of Health's budget.
    Inpatients received cursory screening, and most waited for at least one
    year for a full medical review. A shortage of drugs and adequately
    trained mental health professionals resulted in patients not being
    properly diagnosed and not receiving adequate therapy. There were fewer
    than 10 certified psychiatrists working in public and private clinics
    and teaching in the country. There was a 50 percent vacancy rate for
    psychiatric-trained nurses; more than 90 percent of the available
    psychiatric services were provided at the mental institution in
    Bulawayo. NGOs reported patients being subjected to deplorable living
    condition in terms of food, water, clothing, and sanitation. Budgetary
    constraints and low holding capacity at these institutions resulted in
    persons with mental disabilities being kept at home and cared for by
    family, normally under chains and without treatment. No social workers
    worked on the issue of reintegration for recovering patients.
        The amendments to electoral laws changed voting procedures for
    persons with disabilities. In 2008 the ZEC issued a notice explaining
    that ``only the presiding officer and two other electoral officers or
    employees of the commission will assist any voter who requests to be
    assisted.'' Some groups complained that this ruling violated persons
    with disabilities' right to cast their votes in secret. Ahead of the
    June 2008 run-off election, there were widespread reports that ZANU-PF
    militias and war veterans instructed voters to claim blindness at the
    polling place in order to be assisted to vote for Mugabe. In 2009 the
    National Association of Societies for the Care of the Handicapped
    launched a five-year program to provide civic education to persons with
    disabilities with the goal of encouraging greater civic participation.
        The Government broadcast a regular, prime-time program on state
    radio to promote awareness of the rights of persons with disabilities.

        National/Racial/Ethnic Minorities.--According to government
    statistics, the Shona ethnic group makes up 82 percent of the
    population, Ndebele 14 percent, whites and Asians less than 1 percent,
    and other ethnic groups 3 percent. There was some tension between the
    white minority and other groups, and in numerous instances ZANU-PF
    leadership manipulated this tension to further their political agenda.
    Historical tension between the Shona majority and the Ndebele minority
    caused the latter to perceive itself as marginalized by the Shona-
    dominated government.
        The Government continued its attempts to attribute the country's
    economic and political problems to the white minority and Western
    countries. ZANU-PF supporters seldom were arrested or charged for
    infringing upon minority rights, especially those of the white
    commercial farmers targeted in the land redistribution program.
        In 2008 President Mugabe signed the Indigenization and Economic
    Empowerment Bill into law. The law's official purpose was to increase
    the participation of indigenous citizens in the economy, with the
    ultimate objective of at least 51 percent indigenous ownership of all
    businesses. During the year the minister of youth development,
    indigenization, and empowerment, Saviour Kasukuwere, gazetted the
    indigenization regulations, stipulating that all businesses with a net
    annual turnover of $500,000 or higher had to submit plans on how they
    intended to comply with the law by April. The deadline was extended
    indefinitely after protests from some sections in government as well as
    business and civic organizations. An indigenous Zimbabwean was defined
    as any person, or the descendant of such person, who before the date of
    the country's independence in 1980 was disadvantaged by unfair
    discrimination on the grounds of his or her race. The law was
    criticized as an attempt to create patronage for ZANU-PF.
        During the year ZANU-PF used the law as justification to force
    domestic partnerships on foreign business owners, who were typically
    white. Numerous businesses, including privately owned conservancies and
    factories, reported that senior ZANU-PF or military officials sought to
    force partnerships on them without contributing to the enterprise. The
    original foreign partners in these businesses were told by the
    officials that they should cede half of the business or face unnamed
    consequences.
        Historically, the Government has discriminated against language
    minorities through the Education Act, which enforced the teaching of
    English in schools, along with Shona or Ndebele, depending on the
    region. In 2001 other minority language groups (Tonga, Shangani,
    Kalanga, Suthu, Venda, and Nambya) formed the Zimbabwe Indigenous
    Languages Promotion Association (ZILPA) to petition the Government for
    legal reforms so that their languages could be taught in their schools.
    In 2008 the Government agreed to allow the teaching of these languages
    in the areas in which they were spoken, along with English and Shona or
    Ndebele. The Government did not provide resources for related teacher
    training or instructional materials. Nonetheless, the Tonga
    successfully developed curriculum and instructional materials to cover
    the seven years of primary school education. In August 2009 Ministry of
    Education, Sport, Art, and Culture officials met with ZILPA and agreed
    to support its request for funding to teach all minority languages.

        Societal Abuses, Discrimination, and Acts of Violence Based on
    Sexual Orientation and Gender Identity.--Leadership in both ZANU-PF and
    MDC, including President Mugabe and Prime Minister Tsvangirai,
    publically denounced the LGBT community and warned against the
    inclusion of LGBT rights in the constitution. Over a period of years,
    Mugabe publicly denounced the LGBT community, blaming it for Africa's
    ills and declaring its members to be worse than ``pigs and dogs.''
    Although there was no statutory law proscribing homosexual conduct,
    common law prevents gay men, and to a lesser extent, lesbians, from
    fully expressing their sexual orientation and, in some cases,
    criminalizes the display of affection between men. The criminal code
    definition of sodomy includes ``any act involving physical contact
    between males that would be regarded by a reasonable person to be an
    indecent act.'' Sodomy carries a penalty of up to one year in prison or
    a fine up to $5,000. There were no known cases of sodomy charges being
    used to prosecute consensual homosexual activity.
        Gays and Lesbians of Zimbabwe (GALZ), the sole organization
    dedicated to advancing the rights of the LGBT community in the country,
    experienced discrimination and harassment. On May 21, police, armed
    with a search warrant, raided the GALZ office to search for dangerous
    drugs and pornographic materials, citing contravention of Censorship
    and Entertainment Control Act. The police forced GALZ employees Ellen
    Chademana and Ignatius Muhambi to provide passwords to their personal
    e-mail accounts and arrested them for possession of pornographic
    materials. In a second raid police charged the employees with
    contravening the Criminal Law (Codification and Reform) Act for
    undermining the authority of President Mugabe after finding a picture
    of the president along with the plaque of a foreign gay and lesbian
    activist. Police also raided the house of the director of GALZ on May
    25. Police denied ZLHR lawyers access to the employees from May 21 to
    May 23 and granted the first initial visit on May 24. Four self-
    identified police officers removed the two employees from their cell on
    the evening of May 25 and beat them in the face and knees during the
    course of an interrogation. ZLHR lawyers observed that the two had
    swollen faces, had plastic bags tied to their feet, and struggled to
    speak during a consultation following the beating. On May 25, ZLHR
    lawyers filed an urgent application at the High Court appealing the
    legality of the arrest and detention. On May 26, the two appeared
    before the magistrate court and were remanded from custody on $200
    bail. Chademana's hearing, postponed six times from July 1 as the
    Government's witnesses failed to turn up, finally commenced on August 2
    and ended on November 18. On December 16, Chademana was acquitted on
    the charge of possessing pornographic materials. Muhambi's trial
    started on June 30, and after multiple hearings he was acquitted of the
    charge of possessing pornographic materials on July 23. Both still
    faced charge of undermining the president at year's end.
        The Government censorship board continued to confiscate materials
    sent to GALZ from outside the country and refused to release the
    material, claiming that it was ``indecent.'' In 2008 GALZ filed three
    lawsuits against the censorship board, seeking the release of the
    materials. Due to the courts' refusal to act, three cases from 2008
    were pending at year's end.
        General homophobia and restrictive legislation made it difficult
    for the LGBT community to feel safe about being open about their
    sexuality in public. Because of significant social pressure, some
    families reportedly subjected men and women to ``corrective'' rape and
    forced marriages to encourage heterosexual conduct; the crimes were
    rarely reported to police. Women, in particular, were subjected to rape
    by male members of their own families.
        On December 1, approximately 30 members of an LGBT NGO participated
    in a march in Bulawayo to celebrate ``16 days of activism on violence
    against women.'' Police ordered the members to leave the venue of
    commemoration, citing as their reason the illegality of homosexuality.
        Members of the LGBT community reported widespread societal
    discrimination based on sexual orientation. Many persons who identified
    with the LGBT community did not seek medical care for sexually
    transmitted diseases or other health issues due to fear that health
    providers would shun them. In the 2006-07 Presidential HIV/AIDS
    Strategic Plan, the Government agreed to address HIV/AIDS among gay
    men. However, as of year's end, the Government had not made any effort
    to address the health needs of this population. Many LGBT persons
    reported leaving school at an early age, decreasing their capacity for
    economic gain. Coupled with socioeconomic discrimination, higher rates
    of unemployment and homelessness among members of the LGBT community
    were reported.

        Other Societal Violence or Discrimination.--The Government has a
    national HIV/AIDS policy that prohibits discrimination against persons
    with HIV/AIDS, and the law prohibits discrimination against workers
    with HIV/AIDS in the private sector and parastatals. Despite these
    provisions, societal discrimination against persons affected by HIV/
    AIDS remained a problem. Although there was an active information
    campaign by international and local NGOs, the Ministry of Health and
    Child Welfare, and the National AIDS Council to destigmatize HIV/AIDS,
    ostracism and condemnation of those affected by HIV/AIDS continued.

        Incitement to Acts of Discrimination.--Throughout the year,
    government-controlled newspapers, radio, and television stations
    continued to selectively vilify white citizens and to blame them for
    the country's problems.
    Section 7. Worker Rights

        a. The Right of Association.--While the law provides private sector
    workers with the right to form or join unions without prior
    authorization, and workers exercised these rights, they were not always
    respected in practice. The 2005 Labor Amendment Bill eliminated
    previous public sector worker rights and excluded such employees from
    protection under labor laws, placing them instead under the Public
    Service Act, which does not provide for the right to form and belong to
    trade unions, collective bargaining, strikes, or alternative dispute
    resolution mechanisms. These restrictions, however, were not enforced
    in practice. Public sector employees participated in unions and
    professional organizations. Some, particularly teachers and medical
    professionals, continued to mount campaigns for improved wages and
    conditions; union leaders and members continued to face harassment.
    Unions risked suspensions from registration for 12 months, and
    government recourse to draconian laws such as POSA, AIPPA, and the
    criminal law often curtailed trade union freedoms. The Government also
    restricted union activity indirectly by defining all senior employees
    as managers, although such employees did not enjoy benefits
    commensurate to the title; this restriction was not widely enforced in
    practice. Employees in positions designated as managerial were excluded
    from general union membership. Unions must be registered with the
    Ministry of Labor and Social Welfare.
        During the year approximately 350,000 persons belonged to the 36
    unions that form the ZCTU; approximately 55 percent of industries were
    unionized. The ZCTU estimated that 600,000 persons were employed in the
    formal sector. Approximately three million persons worked in the
    informal sector, of which 1.25 million belonged to a trade union for
    informal sector workers.
        The Zimbabwe Federation of Trade Unions (ZFTU), a government-
    created alternative labor body, continued to support splinter unions in
    each economic sector; however, there was no evidence that either
    employers or employees viewed the splinter unions as legitimate. The
    Government was disinclined to include the ZFTU in labor-related
    discussion with employer and labor organizations. In addition to
    fostering confusion among workers, splinter unions forced existing
    unions to spend scarce resources guarding against declining membership.
    The splinter unions did not bargain collectively, handle worker
    complaints, or provide worker education they were not very influential.
        ZANU-PF elements of the Government openly targeted the ZCTU,
    declaring it aligned with the MDC. The Government continued to use POSA
    to limit the ZCTU and its affiliates' ability to meet with and consult
    their constituencies, although the law does not apply to labor unions.
    Under POSA, public gatherings require prior approval from the local
    police except for those organized by churches and unions. In practice
    unions often applied for permission and were denied. Unions were also
    prevented from holding meetings with their members and carrying out
    organizational activities, sometimes by the police or ZANU-PF
    supporters and under threat of arrest.
        On February 19, a group of 17 security officials representing the
    JOC interrogated Gertrude Hambira, the secretary general of the General
    Agriculture and Plantation Workers' Union of Zimbabwe (GAPWUZ), about
    the union's role in producing a film, House of Justice, which
    documented abuse suffered by farm workers. Deputy Police Commissioner
    Innocent Matibiri led the 45-minute questioning. The interrogators
    accused Hambira of overstepping her bounds because the video dealt with
    human rights issues and not trade union issues. They also cautioned
    Hambira's lawyer against associating with such dangerous persons. On
    February 24, security officials raided GAPWUZ's office in downtown
    Harare looking for documents and for Hambira. On February 25, police
    questioned the deputy secretary general and GAPWUZ president over the
    same report. Hambira fled the country shortly after the incident and
    remained in hiding at year's end. During her absence, Hambira's family
    members were approached by unknown individuals asking for her
    whereabouts.
        On March 2, two plainclothes police officers attempted to
    participate in a ZCTU's educational workshop in Mutare. After being
    ejected from the meeting, the two left and returned with a group of 20
    police officers and two CID senior assistant inspectors. They ordered
    the workshop participants to disperse, and accused the ZCTU of
    conducting a workshop without police approval in contravention of POSA.
    Three ZCTU employees were arrested, two of whom were released later on
    the same day. Police charged the remaining employee with criminal
    nuisance and ordered him to pay a fine of $20. The ZCTU filed an appeal
    against the payment of the fine at the Mutare Magistrate Court and sent
    a protest letter to the minister of labor and social services. The
    matter was pending at year's end.
        Police often denied the ZCTU's applications to hold commemorations
    in particular venues and banned processions from taking place. On May
    14, the ZCTU notified police of its intention to commemorate Health and
    Safety Day in Kwekwe on June 6. Police ordered the commemoration to
    take place in Hwange instead. The ZCTU appealed on June 17. In a June
    22 response, police stated that the commemorations were not approved
    because police officers were engaged in World Cup activities. On June
    30, ZLHR lawyers appealed to the Bulawayo High Court; on July 2, the
    court granted the ZCTU permission to proceed with the commemorations
    and ordered police not to interfere. In similar fashion police banned
    an April 30 procession for International Workers Day in Masvingo and a
    May 24 procession for the commemoration of the death of 472 miners in
    Bulawayo. The police also sought to restrict union activities by
    prescribing certain conditions. For example, on International Workers
    Day in Harare, the police stipulated that the commemoration could take
    place on the condition that politicians not be invited.
        In 2008 in its report on trade union rights abuses, the
    International Labor Organization's (ILO) Application of Standards
    Committee included cases filed by the ZCTU concerning violations of
    freedom of association and protection of the right to organize for the
    second consecutive year. The Government was criticized regarding
    implementation of ILO Convention 87, which deals with freedom of
    association. The committee called on the Government to halt arrests,
    detentions, and threats and criticized it for refusing to appear before
    the committee for two consecutive years to face the allegations.
        In 2008 the ILO appointed a commission of inquiry to investigate
    complaints that worker rights were violated under ILO Conventions 26
    and 87. In May and August 2009, a three-person ILO commission of
    inquiry visited the country and interviewed more than 100 individuals,
    including those from government, civil society, unions, workers, and
    employers. The report was submitted to the Government in January; the
    Ministry of Labor accepted the report's findings and recommendations on
    behalf of the Government in April. In August the ILO, working in
    conjunction with the Government, the Employers' Confederation of
    Zimbabwe, and the ZCTU, conducted a mission visit to follow up on the
    implementation of the recommendations made in the report. A technical
    assistance package aiming at legislative and policy reform,
    institutional reform, strengthening of social dialogue, capacity
    building for key institutions, and knowledge and communication of
    information was provided during this visit.
        Although the Labor Relations Amendment Act (LRAA) explicitly
    recognizes the right to strike, it is circumscribed with procedural
    limits, including 14-day advance-notice requirements, mandated 30-day
    reconciliation periods, and possible mandatory referral to binding
    arbitration. It also requires that at least 50 percent of employees
    vote for a strike, although workers protesting health and safety
    standards or lack of equipment may strike without the notification and
    arbitration procedure. The act prohibits essential services employees
    from striking on the grounds that it would ``endanger(s) immediately
    the life, personal safety, or health of the whole or any part of the
    public.'' The law also allows that any nonessential service may be
    declared an essential service by the minister if a strike in a sector,
    service industry, or enterprise persists to the point that the lives,
    personal safety, or health of the whole or part of the population is
    endangered. Managers were also prohibited from striking; in some
    industries, the Government defined most employees as managers.
        In practice the Government harassed union leaders who called for
    strikes and union members who attempted to participate in them.
    Government-imposed delays prevented most employees and their unions
    from declaring legal strikes, and those who participated in strikes
    deemed illegal faced government intimidation and sentences of up to
    five years in prison.
        There were no further developments in any of the 2009 or 2008 cases
    of union harassment.

        b. The Right to Organize and Bargain Collectively.--The LRAA
    provides workers the right to organize and permits unions to bargain
    collectively over wages and conditions of employment, and workers
    exercised this right in practice; however, government harassment of
    union leaders and interference by the ZFTU sometimes made such
    negotiations difficult. Collective bargaining agreements applied to all
    workers in an industry, not just union members. Public sector employees
    do not have the right to collective bargaining, strike, or alternative
    dispute resolution mechanisms; however, these restrictions were not
    enforced in practice. Teachers, the largest civil servant sector,
    engaged in labor actions during the year. In mid-September, the
    Zimbabwe Teachers Association, Teacher Union of Zimbabwe, and
    Progressive Teacher Union of Zimbabwe issued an ultimatum calling for a
    salary increase from $150 to $500. The ultimatum lapsed without any
    action from the Government. In November Finance Minister Tendai Biti
    announced a 40 percent increase in the civil service wage bill.
    However, the announcement did not specify the exact increase in
    teachers' salaries, and negotiations between the teacher unions and
    government continued at year's end.
        The minister of labor and social welfare retained the power to veto
    agreements that she believed would harm the economy, but she did not
    involve herself directly in labor negotiations unless requested to do
    so by one of the parties. Agreements reached by employers and employees
    must be gazetted by the Ministry of Labor to go into effect. In
    practice any agreement could be administratively blocked when left
    ungazetted over an indefinite period of time.
        Although the law prohibits antiunion discrimination, in practice
    union members faced discrimination and harassment. A labor court
    handled complaints of such discrimination under the mechanism for
    resolving cases involving ``unfair labor practices.'' The determining
    authority may direct that workers fired due to antiunion discrimination
    be reinstated, although this did not happen in practice.
        There were no special laws or exemptions from regular labor laws in
    export processing zones.

        c. Prohibition of Forced or Compulsory Labor.--The law prohibits
    forced or compulsory labor, including by children, with the exceptions
    of working for parents or the national youth service; however, such
    practices occurred. Forced labor is punishable by a fine, two years'
    imprisonment, or both. Forced labor by children occurred across a wide
    range of sectors; however, no detailed information was available on the
    extent of the practice.
        NGOs reported that compulsion to work was no longer a factor for
    adults and children working in the Marange diamond fields during the
    year; however, adults and children continued to work for economic
    reasons. In 2009 Human Rights Watch and other NGOs reported that adults
    and children were subject to forced labor conditions while digging for
    diamonds in the Marange diamond fields. According to a June 2009 Human
    Rights Watch report, Diamonds in the Rough: Human Rights Abuses in the
    Marange Diamond Fields, children as young as 12 were forced to dig for
    diamonds in January and February. One victim told Human Rights Watch,
    ``we worked together with about 30 children of ages between 10 and 17
    years. The children worked the same 11 hours each day as adults did.
    The soldiers had a duty roster for all villagers in Chiadzwa to take
    turns to work in the fields, irrespective of age.''
        Workers on seized farms reported that new owners occasionally
    forced them to work without pay and under threat of eviction from the
    farm.
        Also see the Department of State's annual Trafficking in Persons
    Report at www.state.gov/g/tip.

        d. Prohibition of Child Labor and Minimum Age for Employment.--
    Under the LRAA, child labor is punishable by a fine, two years'
    imprisonment, or both; however, child labor was common. Under the LRAA,
    a child between the ages of 13 and 15 can work as an apprentice or if
    the work is an integral part of ``a course of training or technical or
    vocational education.'' The law further states that no person under the
    age of 18 shall perform any work likely to jeopardize that person's
    health, safety, or morals. The status of children between 15 and 18
    years of age is not directly addressed, but 15 years of age remains the
    minimum for light work, work other than apprenticeship, or work
    associated with vocational education.
        The Government released the 2004 Child Labor Report in 2006.
    According to the survey, approximately 46 percent of children between
    the ages of five and 17 were engaged in economic activity. The
    unemployment rate continued to grow, with some estimates as high as 90
    percent, which decreased the number of children employed in the formal
    sector. However, the incidence of children who worked in the informal
    sector continued to increase as more children worked to fill the income
    gap left by ill, unemployed, underemployed, or deceased relatives.
    Children often lacked access to necessary safety equipment and
    training. Children worked in the agricultural sector, in forestry, as
    domestics, in illegal gold and diamond mining, as street vendors, and
    as car-watchers. Although the Government and NGOs increasingly
    discussed the problem of child labor in the agricultural, domestic, and
    informal sectors, concrete data on the number of cases remained
    difficult to evaluate and confirm. An August 2007 survey by a domestic
    NGO documenting child labor reported that approximately one-third of
    children were working. Due to the economic downturn and reduction in
    school hours in 2008 and decreased school enrollment, the organization
    believed the percentage of children working was higher than one-third
    during the year.
        Most economically active children worked in the agriculture
    industry and were also involved in mining, domestic labor, and other
    areas of the informal economy. Children worked in all aspects of
    tobacco farming, from planting to preparation of leaves for sale; in
    the forestry regions of the eastern highlands on timber plantations; in
    some sugarcane plantations in the southeast; on tea and coffee
    plantations; and on small farms. Children worked on cotton farms; one
    NGO reported that school attendance rates declined in cotton growing
    areas during the harvest. Children also worked on some small commercial
    farms in all aspects of maize production. At one maize farm near
    Marondera, a local NGO found dozens of boys between the ages of 12 and
    16 working. In cities children commonly worked as street vendors and as
    guards for parked automobiles. Throughout the country, children,
    particularly girls, worked as domestic laborers, often for family
    members. Information on the extent to which child labor occurred in the
    production of commercial products was not available. In 2009 Human
    Rights Watch reported that children as young as 12 living near the
    Chiadzwa Diamond Mine in Manicaland continued to work as forced
    laborers under the guard of security forces in diamond fields. During
    the year NGOs reported that forced child labor in the Chiadzwa diamond
    field had ceased and the remaining children worked for economic
    reasons.
        Children were also engaged in the artisanal mining of gold and
    faced hazards to their health and safety. In particular children
    between the ages of 12 and 16 were used to crawl into small spaces in
    abandoned gold mine shafts near Shurugwi in Midlands Province. Also
    near Kwekwe, Bindura, and Mazowe, boys were involved in alluvial gold
    panning. In other areas, children panned for alluvial gold and used
    dangerous chemicals, including mercury, in purification processes. Most
    of these children worked for themselves, a family member, or someone in
    the community.
        Some employers did not pay wages to child domestic workers,
    claiming that they were assisting a child from a rural home by
    providing housing and board. In addition some employers paid the
    parents for the child's work. Relatives often took AIDS-orphaned
    children into their homes but used them as domestics without pay.
        The Department of Social Welfare in the Ministry of Labor and
    Social Welfare is responsible for enforcing child labor laws, but the
    department lacked personnel to carry out inspections or other
    monitoring. In 2007 the ministry signed a memorandum of understanding
    with the ILO to collaborate on a multiphase program for the elimination
    of the worst forms of child labor. The program was expected to address
    child labor issues and the implementation of ILO Convention 182,
    including identifying the worst forms of child labor and implementing
    activities pertaining to the prevention of child labor and the
    protection of working children. In 2008 the Government and the ILO
    initiated a nationwide survey on the worst forms of child labor; the
    survey had not been released at year's end.
        Also see the Department of State's annual Trafficking in Persons
    Report at www.state.gov/g/tip.

        e. Acceptable Conditions of Work.--There is no national minimum
    wage except for agricultural and domestic workers. The minimum wage did
    not provide a decent standard of living for a worker and family, and
    more than 85 percent of the population continued to live below the
    Government's poverty line. The Ministry of Labor and Social Welfare is
    responsible for enforcing the minimum wage; however, monitoring systems
    were ineffective, and many agricultural and domestic workers were
    remunerated below the minimum wage. In 2008 the ILO reported that four
    of five jobs in the country were in the informal sector, 78 percent of
    which were in agriculture. This trend continued during the year. These
    jobs generally provided extremely low cash income and poor working
    conditions and did not offer adequate worker protections.
        The maximum legal workweek is 54 hours, and the law prescribes a
    minimum of one 24-hour rest period per week. No worker is allowed to
    work more than 12 continuous hours; however, there was little or no
    enforcement, particularly in agricultural and domestic worker sectors.
    The law prescribes that workers receive not less than twice their
    standard remuneration for working on a public holiday. However, workers
    were unlikely to complain to authorities about violations due to fear
    of losing their jobs.
        The public service commission sets conditions of employment in the
    public sector. Health and safety standards were determined on an
    industry-specific basis. The Government designated the Zimbabwe
    Occupational Safety Council, a quasigovernmental advisory body made up
    of six representatives each from the Government, employers, and trade
    unions, to regulate working conditions; however, budgetary constraints
    and staffing shortages, as well as its status as an advisory council,
    made the council largely ineffective. Industries did not have the
    capacity to replace or update nonfunctioning and archaic machinery,
    further aggravating workplace conditions. The National Social Security
    Administration (NSSA) continued to experience difficulty monitoring the
    thousands of work sites across the country; however, it closed shops
    and factories not in compliance. Economic hardship also resulted in
    factories shutting on their own or operating informally. The NSSA could
    not inspect the informal sector due to budget constraints. The NSSA
    reported in 2007 that a high turnover in staff meant that only 20 of 31
    safety and health inspector positions were filled to monitor an
    estimated 14,000 registered factories. For the period May 2009 to May
    2010, the ZCTU reported 44 workplace fatalities and 686 injuries, a
    significant decrease from 106 fatalities and 3,122 injuries over the
    same period in 2008-09. As of year's end, the Government had not taken
    action to address health risks in the workplace. Workers have a legal
    right to remove themselves from dangerous work situations without
    jeopardy to continued employment, but in practice they risked the loss
    of their livelihood if they did.
        Information on the treatment of foreign and migrant workers was not
    available. The Government considered many commercial farm workers to be
    foreigners because one or both parents were born in another country.

                                   __________
                           EAST ASIA AND THE PACIFIC

                                  ----------

                                   AUSTRALIA

        Australia is a constitutional democracy with a federal
    parliamentary government. Its population was approximately 22.5
    million. Citizens periodically choose their representatives in free and
    fair multiparty elections. On June 24, Julia Gillard replaced Kevin
    Rudd as leader of the governing Australian Labor Party (ALP) and as
    prime minister. In federal parliamentary elections held August 21,
    neither the ALP nor the opposition Liberal Party and National Party
    coalition won enough seats to form a government. Subsequently, the ALP
    secured the support of the Greens Party member of Parliament (MP) and
    three independent MPs to gain a majority of 76 seats in the 150-seat
    House of Representatives and formed a government with Gillard as prime
    minister. Security forces reported to civilian authorities.
        Problems were reported in a few areas, including domestic violence
    against women and children, racially based attacks on foreign students,
    and societal discrimination against indigenous 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.
        In June the Queensland State Crime and Misconduct Commission
    released a report into authorities' investigation of the 2004 death of
    an indigenous citizen in police custody on Palm Island. The
    commission's report found that the initial police investigation and
    subsequent internal review of that investigation were flawed and
    recommended that six police officers involved in the investigations
    face disciplinary action. On November 23, the commission found
    insufficient evidence for additional charges against the officer linked
    to the death; he had been acquitted of manslaughter in 2007.

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

        c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
    Punishment.--The law prohibits such practices, and the Government
    generally respected these provisions in practice. There were occasional
    reports that police and prison officials mistreated suspects in
    custody. Some indigenous groups charged that police harassment of
    indigenous people was pervasive and that racial discrimination by some
    police and prison custodians persisted.

        Prison and Detention Center Conditions.--Prison and detention
    center conditions generally met international standards, and the
    Government permitted visits by independent human rights observers.
        In December 2009 a prisoner at the Capricornia Correctional Center
    in Queensland State allegedly killed another prisoner. The trial for
    the alleged killer was pending at year's end.
        Three suicides occurred in the Villawood immigration detention
    center in Sydney during the year (see section 2.d.).
        In July the Western Australia State government provided
    compensation to the family of an Aboriginal elder who died in 2008 of
    heatstroke in a prison van, operated by a private security company,
    during a 220-mile drive to court to face a drunk-driving charge. No
    charges were filed against the two security guards involved. At year's
    end authorities were reviewing the case to determine whether to file
    charges against the security guards, the security company, and the
    Department of Correctional Services under the Occupational Safety and
    Health Act.
        According to a December publication of the Australian Bureau of
    Statistics (ABS), as of June there were 29,700 prisoners in the
    country, including 2,228 female prisoners and 6,367 unsentenced
    prisoners. Unsentenced prisoners included pretrial detainees, convicted
    prisoners awaiting sentencing, and persons awaiting deportation. No
    further breakdown was available.
        Prisoners and detainees had reasonable access to visitors and were
    permitted religious observance. Authorities permitted prisoners and
    detainees to submit complaints to government-funded legal aid offices;
    federal, state, and territorial ombudsmen; and judicial authorities
    without censorship. Authorities investigated allegations of inhumane
    conditions and documented the results of such investigations in a
    publicly accessible manner. The Government investigated and monitored
    prison and detention center conditions. Both federal and state
    governments funded ``juvenile diversion'' programs to keep young
    persons out of the court and prison systems.
        Federal, state, and territorial government ombudsmen can serve on
    behalf of prisoners and detainees to consider such matters as
    alternatives to incarceration for nonviolent offenders, addressing the
    status and circumstances of confinement of juvenile offenders, and
    improving pretrial detention, bail, and recordkeeping procedures.

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

        Role of the Police and Security Apparatus.--Civilian authorities
    maintained effective control over the armed forces and police, and the
    Government has effective mechanisms to investigate and punish abuse and
    corruption. There were no reports of impunity involving the security
    forces during the year.

        Arrest Procedures and Treatment While in Detention.--Police
    officers may seek an arrest warrant from a magistrate when a suspect
    cannot be located or fails to appear; however, they also may arrest a
    person without a warrant if there are reasonable grounds to believe the
    person committed an offense. Police must inform arrested persons
    immediately of their legal rights and the grounds for their arrest, and
    arrested persons must be brought before a magistrate for a bail hearing
    at the next sitting of the court. However, the law permits police to
    hold individuals in preventive detention for up to 24 hours without
    charge if a senior police official finds it is ``reasonably necessary
    to prevent a terrorist act or preserve evidence of such an act.''
    Individuals may be detained for an additional 24 hours under court
    order.
        Although the law states that the maximum investigation period for
    which a person may be held and questioned without charge is 24 hours
    (unless extended by court order), it also provided that this allowable
    time for questioning a suspect may be spread across an unspecified
    number of days (a concept known as ``dead time'')--a provision
    criticized by human rights groups, the media, and the legal profession.
        On November 15, Parliament passed the National Security Legislation
    Amendment Bill 2010, which includes new powers for police to enter
    premises without a warrant in emergency circumstances; addresses the
    ``dead time'' issue by establishing a seven-day limit on the amount of
    time a terrorism suspect can be held for questioning; expands
    counterterrorism laws to apply to those who incite violence on the
    basis of race, religion, ethnic origin, and political opinion; and
    extends the expiration period of regulations proscribing a terrorist
    organization from two to three years. It became law on November 24.
    Some of these provisions took effect in November and some in December.
        The Parliamentary Joint Committee on Law Enforcement Bill 2010,
    passed on November 15 and enacted into law on November 24, created
    parliamentary oversight of both the Australian Federal Police
    Commission and the Australian Crime Commission.
        A separate provision of law permits the attorney general to grant
    the Australian Security Intelligence Organization (ASIO) authority to
    detain a person for a continuous period of up to 168 hours in special
    circumstances, such as ``reasonable grounds for believing that issuing
    the warrant to be requested will substantially assist the collection of
    intelligence that is important in relation to a terrorism offence.''
    However, ASIO has not used this authority.
        The law permits a judge to authorize ``control orders'' on
    individuals suspected of involvement with terrorism-related activities.
    These orders may include a range of measures, such as monitoring of
    suspects and house arrest, and may be in effect for up to a year
    without the filing of criminal charges. If a control order is still
    warranted after one year, a new court order must be sought.
        In March Parliament passed the Independent National Security
    Legislation Monitor Bill, which provides for the appointment of an
    independent monitor to help ensure that counterterrorism laws strike an
    appropriate balance between protecting the community and protecting
    human rights. The Government had not appointed a monitor by year's end.
        Bail generally is available to persons facing criminal charges
    unless the person is considered to be a flight risk or is charged with
    an offense carrying a penalty of 12 months' imprisonment or more.
    Attorneys and families were granted prompt access to detainees.
    Government-provided attorneys are available to provide legal advice to
    detainees who cannot afford counsel.

        e. Denial of Fair Public Trial.--The law provides for an
    independent judiciary, and the Government generally respected judicial
    independence in practice.

        Trial Procedures.--The law provides for the right to a fair trial,
    and an independent judiciary generally enforced this right. In the
    state district and county courts and the state and territorial supreme
    courts, there generally are a judge and jury for serious offenses. The
    judge conducts the trial, and the jury decides on the facts and the
    verdict. Defendants have the right to an attorney, and government-
    funded attorneys are available to low-income persons. The defendant's
    attorney can question witnesses, present evidence on the defendant's
    behalf, and access relevant government-held evidence. Defendants enjoy
    the presumption of innocence and have the right to appeal the court's
    decision or the sentence imposed. The law extends these rights to all
    citizens.

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

        Civil Judicial Procedures and Remedies.--There is an independent
    and impartial judiciary in civil matters. There is also an
    administrative process at the state and federal levels to seek redress
    for alleged wrongs by government departments. Generally, administrative
    tribunals may only review a government decision if the decision is in a
    category specified under a law, regulation, or other legislative
    instrument as subject to a tribunal's review.

        f. Arbitrary Interference With Privacy, Family, Home, or
    Correspondence.--The law prohibits such actions, and the Government
    generally respected these prohibitions in practice.
    Section 2. Respect for Civil Liberties, Including:

        a. Freedom of Speech and Press.--Although the constitution does not
    explicitly provide for freedom of speech or of the press, the High
    Court has held that a right to freedom of expression is implied in the
    constitution, and the Government generally respected these rights in
    practice. An independent press, an effective judiciary, and a
    functioning democratic political system combined to ensure freedom of
    speech and of the press.

        Internet Freedom.--There were no government restrictions on access
    to the Internet or reports that the Government routinely monitored e-
    mail or Internet chat rooms. Individuals and groups could engage in the
    expression of views via the Internet, including by e-mail. Internet
    access was widely available to and used by citizens. In June 2009 the
    ABS estimated that 72 percent of households had Internet access.
        Law enforcement agencies require a warrant to intercept
    telecommunications, including Internet communications. In emergency
    situations the director general of the Australia Security Intelligence
    Organization may issue a warrant for this purpose without prior
    judicial authorization, but the attorney general must be informed.
        The Australian Communications and Media Authority (ACMA) maintains
    a list of so-called ``refused classification'' Web site content,
    primarily pertaining to child pornography, sexual violence, and other
    activities illegal in the country, compiled as a result of a consumer
    complaints process. ACMA may issue a notice to the provider to remove
    domestically hosted ``refused classification'' material, or links to
    such material, that is the subject of such a complaint if an
    investigation concludes the complaint is justified. The list is made
    available to providers of filtering software.
        On July 9, the Government announced suspension of plans to
    introduce mandatory Internet filtering, in order to review what should
    constitute ``refused classification'' material. However, three major
    telecommunications providers agreed to block voluntarily Web sites
    containing child pornography. Anticensorship groups had criticized the
    Government's mandatory filtering plan.

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

        b. Freedom of Peaceful Assembly and Association.--While the rights
    of peaceful assembly and association are not codified in law, the
    Government generally respected these rights in practice.

        c. Freedom of Religion.--For a complete description of religious
    freedom, please see the 2010 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 does not address forced exile, but the Government did not
    use it.

        Protection of Refugees.--The country's laws provide for the
    granting of asylum or refugee status, and the Government has
    established a system for providing protection to refugees. In law and
    practice, the Government provided protection against the expulsion or
    return of refugees to countries where their lives or freedom would be
    threatened on account of their race, religion, nationality, membership
    in a particular social group, or political opinion. The Government
    funded refugee resettlement services, such as language and employment
    programs.
        Unauthorized arrivals seeking asylum are processed at the Christmas
    Island Detention Center, located off the country's northwest coast.
    Under a policy in effect since 2008, following health, identity, and
    security checks, unauthorized arrivals are to remain in immigration
    detention while their applications are being processed only if it is
    determined that they pose a threat to the community. However, the
    Australian Human Rights and Equal Opportunity Commission (HREOC)
    reported that in practice a ``shortage of community-based accommodation
    appears to be preventing the release of some detainees from closed
    detention facilities into community detention.'' The HREOC also called
    for the end of the ``two-tiered'' system for unauthorized arrivals,
    whereby those who are intercepted on the mainland have more legal
    rights than those who arrive in a so-called ``excised'' offshore
    location (for example, Christmas Island). Human rights groups also
    criticized this system as discriminatory. On November 11, the High
    Court ruled, in a case brought by two asylum seekers held offshore,
    that the two were denied ``procedural fairness'' in the processing of
    their applications, and that all refugee-status assessments, regardless
    of the place or manner of the asylum seeker's arrival, are subject to
    the provisions of the Migration Act and the decisions of the country's
    courts, in the context of procedural fairness.
        The Department of Immigration and Citizenship provided immigration
    advice and assistance to persons making an initial asylum claim or
    application for lawful residence. There is also a statutory obligation
    to facilitate access to legal representation for persons in immigration
    detention.
        The Christmas Island Detention Center remained at or near capacity
    throughout the year; some asylum seekers were transferred to detention
    centers on the mainland due to the lack of adequate capacity at the
    Christmas Island center. As of October 22, there were 3,781 persons in
    immigration detention centers, including 1,754 detained on the mainland
    and 2,027 detained on Christmas Island. As of October 22, there were
    772 children (aged under 18 years) in immigration detention. Of these,
    11 were detained in the community under residence determinations, 654
    were in alternative temporary detention in the community, 47 were in
    immigration residential housing, and 60 were in immigration transit
    accommodation. On October 18, the Government announced it would move
    hundreds of children and vulnerable families out of immigration
    detention facilities and into community-based accommodation by June
    2011. By year's end it had begun to do so.
        On September 1, 92 Afghan asylum seekers, many of whom had had
    their initial asylum claims denied, scaled the perimeter fence of the
    immigration detention center in Darwin and staged a peaceful protest
    outside the center seeking support for their claims. Police took the
    protesters into custody without incident, and four were hospitalized:
    two for heat exhaustion, one for chest pains, and one for a preexisting
    injury.
        In September protests also occurred at the Villawood Detention
    Center in Sydney following the September 20 suicide of a Fijian
    detainee whose asylum claim had been denied. Two separate groups of
    protesters climbed onto the center's roof; both incidents were resolved
    peacefully. Protests broke out at the center again after an Iraqi
    detainee committed suicide on November 17. Several detainees climbed
    onto the center's roof, and some detainees set fires in the facility.
    These incidents also were resolved peacefully. In addition, groups of
    detainees at the Villawood and Christmas Island Detention Centers
    reportedly went on hunger strikes. Authorities opened investigations
    into both suicide cases. On December 8, a British detainee who had
    violated his visa conditions and was awaiting deportation was found
    dead at Villawood. That death also was ruled a suicide and was under
    investigation at year's end.
        In September five men went on trial in Perth charged with rioting
    and weapons offenses allegedly committed during a violent incident at
    the Christmas Island Detention Center in November 2009 between groups
    of Afghan and Sri Lankan asylum seekers. The groups assaulted each
    other with tree branches, pool cues, and broom handles. On November 4,
    two of the men were found guilty and given six-month suspended jail
    sentences. Charges against the other three men were dropped.
        Delays in processing asylum applications became a problem during
    the year, especially among a small number of asylum seekers who
    remained in long-term detention despite having exhausted the appeal
    process. They could not be returned to their home country, because they
    lacked travel documents or could not obtain necessary transit visas.
    The Commonwealth ombudsman reviews all cases of persons in detention
    for two years or more. As of October 22, there were 19 persons in
    immigration detention longer than two years.
        Detention facilities were monitored by Parliament, the ombudsman,
    the UNHCR, and an advisory group comprising experts in immigration and
    humanitarian issues.
        In response to a growing number of asylum seekers arriving by boat,
    the Government announced in April that the processing of new asylum
    applications for persons from Sri Lanka and Afghanistan would be
    suspended immediately for three and six months, respectively. In July
    the Government announced it would resume processing of applications
    from Sri Lanka, citing new UN guidelines pointing to an ``improved
    human rights and security situation in Sri Lanka.'' In August the UN
    Committee on the Elimination of Racial Discrimination released its
    Concluding Observations of the Committee on the Elimination of Racial
    Discrimination for Australia. It expressed concerns with the two-tier
    processing arrangements for unauthorized arrivals and recommended
    lifting the suspension of processing of Afghan asylum seekers. In
    September the Government resumed processing of Afghan asylum seekers.
    Section 3. Respect for Political Rights: The Right of Citizens to
            Change Their Government
        The law provides citizens the right to change their government
    peacefully, and citizens exercised this right in practice through
    periodic, free, and fair elections based on universal suffrage and
    mandatory voting.

        Elections and Political Participation.--In federal elections held
    August 21, the incumbent Australian Labor Party (ALP) government won 72
    seats in the 150-seat lower house of Parliament; the opposition
    Liberal-National Party coalition won 73; and others won five. The ALP
    formed a new government with the support of one Greens Party and three
    independent MPs. Political parties operated without restriction or
    outside interference.
        There are no legal impediments to public office for women or
    indigenous persons. Following the August elections, there were 64 women
    in the 226-seat federal Parliament (37 in the House of Representatives
    and 27 in the Senate). There were four female ministers in the 20-
    member federal cabinet, two women among the 10 ministers outside the
    cabinet, and six women among the 12 parliamentary secretaries. There
    were two women among the eight premiers and chief ministers of the six
    states and two territories. The prime minister and the governor-general
    were women, and there were three female judges on the seven-member High
    Court.
        Indigenous persons generally were underrepresented among the
    political leadership. On August 21, an indigenous person was elected to
    the federal House of Representatives for the first time. There were no
    indigenous federal senators. There was one indigenous citizen in the
    Tasmania State parliament, one in the New South Wales State parliament,
    two in the Western Australia State parliament, and five in the Northern
    Territory legislative assembly. There was one Asian-Australian in the
    federal cabinet.
    Section 4. Official Corruption and Government Transparency
        The law provides criminal penalties for official corruption, and
    the Government generally implemented these provisions effectively.
    There were isolated reports of government corruption.
        On December 16, a former Queensland State government minister,
    Gordon Nuttall, was sentenced to an additional five years' imprisonment
    for corruptly arranging government contracts for his friends. Nuttall
    previously was sentenced to a seven-year prison term for receiving
    illegal payments from businessmen.
        Queensland, Western Australia, and New South Wales states have
    independent anticorruption bodies that investigate alleged government
    corruption, and every jurisdiction has an ombudsman who investigates
    and makes recommendations in response to complaints about government
    decisions. Public officials are subject to financial disclosure laws.
        Federal, state, and territorial governments have freedom of
    information laws that provide the public with access to government
    information, subject to both an application and a processing fee.
    Government information may be exempted from disclosure to protect
    essential public interests or the private or business affairs of
    others. An applicant, including foreign media, may appeal a government
    decision to deny a request for information to the quasi-legal
    Administrative Appeals Tribunal, an executive body that reviews
    administrative decisions by government entities. An adverse
    Administrative Appeals Tribunal decision may be appealed to the Federal
    Court of Australia.
        On May 31, the 2010 Australian Information Commissioner Act and
    Freedom of Information Amendment (Reform) Act came into effect. The
    former established a freedom of information commissioner, appointed on
    November 1, to promote and protect information rights. The latter
    established a framework for release of government information that
    included abolition of the federal government's freedom of information
    application fees and reduction of the period for gaining access to most
    Commonwealth records from 30 to 20 years.
    Section 5. Governmental Attitude Regarding International and
            Nongovernmental Investigation of Alleged Violations of Human
            Rights
        A wide variety of domestic and international human rights groups
    generally operated without government restriction, investigating and
    publishing their findings on human rights cases. Government officials
    often were cooperative and responsive to their views.
        The HREOC, which was adequately funded by the federal government,
    investigates complaints of discrimination or breaches of human rights
    under the federal laws that implement the country's human rights treaty
    obligations. It enjoyed a high level of public trust, and its reports
    were deemed credible and reported widely by the media and
    nongovernmental organizations (NGOs). On October 29, the HREOC released
    a report on the Christmas Island immigration detention center (see
    section 2.d.), which recommended that the Government stop holding
    detainees on the island and end the processing of unauthorized asylum
    seekers outside the provisions of the Migration Act. The Government did
    not take up these recommendations.
        In addition to the HREOC at the federal level, each state and
    territory has a human rights ombudsman.
        In April the Government released Australia's Human Rights
    Framework, its response to the September 2009 recommendations of the
    National Human Rights Consultation Committee established in 2008 to
    review how better to protect human rights in the country. As part of
    this framework, the Government committed to establishing a new
    Parliamentary Joint Committee on Human Rights; requiring that each new
    bill be accompanied by a statement of compatibility with international
    human rights obligations; combining federal antidiscrimination laws
    into a single act to make the system more user-friendly; and creating
    an annual NGO Human Rights Forum. However, the Government did not take
    up the commission's recommendation for introduction of a federal human
    rights act (bill of rights).
    Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
        Federal laws prohibit discrimination based on sex, disability,
    race, color, descent or national or ethnic origin, marital status, or
    age. An independent judiciary and a network of federal, state, and
    territorial equal opportunity offices effectively enforced the law.

        Women.--The law criminalizes rape, including spousal rape, and the
    Government enforced the law effectively when cases were reported to the
    authorities. Penalties for rape are prescribed in the laws of the
    individual states and territories.
        The law prohibits violence against women, including domestic abuse,
    and the Government enforced the law. Nonetheless, violence against
    women remained a problem, particularly in indigenous communities.
        According to the ABS, approximately one in three women experienced
    physical violence during their lives, and almost one in five
    experienced sexual violence. Aboriginal women were 40 times more likely
    to be victims of family violence, compared with other women. Domestic
    violence was believed to be widely underreported in indigenous
    communities; among reasons cited for this were cultural factors and the
    isolation of many indigenous communities. The federal and state
    governments funded programs to combat domestic violence and support
    victims, including the funding of numerous women's shelters. Police
    were trained in responding to domestic violence.
        The law prohibits sexual harassment. Complaints of such harassment
    can give rise to criminal proceedings or disciplinary action against
    the subject of the complaint and to compensation claims by the
    plaintiff.
        Couples and individuals have the right to decide freely and
    responsibly the number, spacing, and timing of their children. State
    and territorial governments provided comprehensive sex education and
    sexual health and family planning services. Women had access to
    contraception and skilled medical care, including essential prenatal,
    obstetric, and postpartum care, and women and men had equal access to
    diagnosis and treatment for sexually transmitted infections, including
    HIV. According to indicators published by the Population Research
    Bureau, an estimated 85 percent of married women aged 15-49 used some
    form of contraception, and 75 percent used modern contraceptive
    methods. Indigenous persons in isolated communities had more difficulty
    accessing such services than the population as a whole. Cultural
    factors and language barriers also inhibited use of sexual health and
    family planning services by indigenous persons, and rates of sexually
    transmitted diseases and teenage pregnancy among the indigenous
    population were higher than among the general population. According to
    a UN report on Trends in Maternal Mortality, 1990-2008, the country's
    estimated maternal mortality ratio was eight deaths per 100,000 live
    births.
        The independent federal sex discrimination commissioner, who is
    part of the HREOC, undertakes research, policy, and educational work
    designed to eliminate discrimination between men and women. There is a
    federal Office for Women, which focuses on reducing violence against
    women, promoting women's economic security, and enhancing the status of
    women.
        The HREOC received 532 complaints alleging 968 grounds of
    discrimination under the Sex Discrimination Act from July 2009 through
    June 2010. Of these, 21 percent alleged discrimination based on
    pregnancy, and 21 percent alleged sexual harassment. The commission
    resolved 568 complaints during the period, 275 by conciliation.
        Women have equal status under the law, and the law provides for pay
    equity. According to the ABS, the pay gap between male and female full-
    time workers was 11 percent. The law requires organizations with 100 or
    more employees to establish a workplace program to remove barriers to
    women entering and advancing in their organization.
        There were highly organized and effective private and public
    women's rights organizations at the federal, state, and local levels.
        In August the UN Committee on the Elimination of Discrimination
    against Women released its Concluding Observations of the Committee on
    the Elimination of Discrimination against Women for Australia, which
    praised the Government's approach in several areas. It also pointed to
    the disadvantaged status of indigenous women, urged the Government to
    pursue proposed reforms to the Sex Discrimination Act, and expressed
    concern at the persistence of violence against women.

        Children.--Citizenship is not derived by birth in the country.
    Children are citizens if at least one parent was a citizen or permanent
    resident at the time of the child's birth. Children born in the country
    to parents who are not citizens or permanent residents acquire
    citizenship on their tenth birthday if they have lived most of their
    life in the country.
        State and territorial child protection agencies investigate and
    institute prosecutions of persons for child neglect or abuse. All
    states and territories have laws or guidelines that require members of
    certain designated professions to report suspected child abuse or
    neglect. The federal government's role in child abuse prevention is
    limited to funding research, carrying out education campaigns,
    developing an action plan against the commercial exploitation of
    children, and funding community-based parenting programs.
        According to the Australian Institute of Health and Welfare, there
    were 31,300 substantiated cases of child abuse and neglect from July
    2009 to June 2010. These included physical abuse, sexual abuse,
    emotional abuse, and neglect.
        There were reports of female genital mutilation performed on
    children in Muslim communities despite a law prohibiting the procedure.
    Hospitals conducted outreach on this matter.
        There were some cases of children under age 18 engaged in
    prostitution. Some teenagers--primarily girls, but also some boys--were
    forced into prostitution by pimps. The law provides for penalties of up
    to 25 years' imprisonment for commercial sexual exploitation of
    children.
        The law prohibits child sex tourism and related offenses for the
    country's residents and citizens overseas and provides for a maximum
    sentence of 17 years' imprisonment upon conviction. The act prohibits
    citizens and residents from engaging in, facilitating, or benefiting
    from sexual activity with children under 16 years old overseas. During
    the year the Government continued its awareness campaign to deter child
    sex tourism through the distribution of materials to citizens and
    residents traveling overseas.
        The legal age for consensual sex is 16 in the Australian Capital
    Territory, New South Wales, the Northern Territory, Victoria, and
    Western Australia, and 17 in Tasmania and South Australia. In
    Queensland the age of consent for anal sex is 18, while the age of
    consent for all other sexual behavior is 16. Maximum penalties for
    violations vary across jurisdictions. Defenses include reasonable
    grounds for believing that the alleged victim was above the legal age
    of consent and situations in which the two persons are close in age.
        The Government has enacted laws aimed at restricting the trade in,
    and possession of, child pornography; the law allows suspected
    pedophiles to be tried in the country regardless of where the crime is
    committed. All states and territories criminalize the possession,
    production, and distribution of child pornography. Maximum penalties
    for these offenses range from four to 21 years' imprisonment. Federal
    laws criminalize using a ``carriage service'' (for example, the
    Internet) for the purpose of possessing, producing, and supplying child
    pornography. The maximum penalty for these offenses is 10 years'
    imprisonment and/or a fine of A$275,000 (approximately $275,000). The
    Australian Federal Police worked with its international partners to
    identify and charge persons involved in the online exploitation of
    children, and the Government increased the number of staff dedicated to
    online child protection.
        The Government largely continued federal emergency intervention
    measures initiated by a previous government to combat child sexual
    abuse in 73 Northern Territory Aboriginal communities. The measures
    were taken following a 2007 government report documenting widespread
    instances of such abuse. These measures included emergency bans on
    alcohol and pornography sales, restrictions on the payment of welfare
    benefits in cash, linkage of support payments to school attendance, and
    medical examinations for all Northern Territory indigenous children
    under age 16. While public reaction to the intervention remained
    generally positive, some Aboriginal activists asserted that there was
    inadequate consultation and that the measures were racially
    discriminatory since nonindigenous persons were not subject to such
    restrictions. The UN special rapporteur on the situation of human
    rights and fundamental freedoms of indigenous people, who toured
    Northern Territory indigenous communities in August 2009, echoed these
    concerns in a report released in February. Effective July 1, the
    Government extended restrictions on cash welfare payments to
    nonindigenous recipients in the Northern Territory.
        The country is a party to the 1980 Hague Convention on the Civil
    Aspects of International Child Abduction. For information on
    international parental child abduction, please see the Department of
    State's annual report on compliance at http://travel.state.gov/
    abduction/resources/congressreport--4308.html.

        Anti-Semitism.--According to the 2006 census, the country's Jewish
    community numbered 88,832 persons. Civil-society organizations
    estimated the number in 2010 to be 120,000. In the 12-month period
    ending September 30, an annual report on anti-Semitism by the Executive
    Council of Australian Jewry, an NGO, recorded 394 anti-Semitic
    incidents, compared with 962 during the previous 12 months. The report
    noted that although there was a ``dramatic decrease'' in the total
    number of incidents reported, incidents involving harassment of Jewish
    persons on their way to or from a synagogue increased. Among the ``most
    disturbing'' incidents listed in the report were an assault on an
    Orthodox man on a train in Melbourne, the assault of synagogue staff in
    Sydney by a man who was later arrested and charged, and vandalism to
    synagogue buildings in Sydney and Melbourne.

        Trafficking in Persons.--For information on trafficking in persons,
    please see the Department of State's annual Trafficking in Persons
    Report at www.state.gov/g/tip.

        Persons With Disabilities.--The law prohibits discrimination
    against persons with physical, sensory, intellectual, or mental
    disabilities in employment; education; access to premises; provision of
    goods, services (including health services), and facilities;
    accommodation; purchase of land; activities of clubs and associations;
    sport; and the administration of federal laws and programs. The
    Government effectively enforced the law.
        The disability discrimination commissioner, who is part of the
    HREOC, promotes compliance with federal laws that prohibit
    discrimination against persons with disabilities. The commissioner also
    promotes implementation and enforcement of state laws that require
    equal access to buildings and otherwise protect the rights of persons
    with disabilities, including ensuring equal access to communications
    and information. The law also provides for mediation by the HREOC of
    discrimination complaints, authorizes fines against violators, and
    awards damages to victims of discrimination.
        The HREOC's July 2009 to June 2010 annual report stated that 1,057
    complaints citing 2,354 alleged grounds of discrimination were filed
    under the Disability Discrimination Act during that period. Of these,
    36 percent were employment related, and 37 percent involved the
    provision of goods and services. The HREOC resolved 978 complaints
    during the period, 486 of them through conciliation.

        National/Racial/Ethnic Minorities.--According to the HREOC's July
    2009 to June 2010 annual report, it received 550 complaints under the
    Racial Discrimination Act, citing 922 alleged grounds of
    discrimination. Of these, 44 percent involved employment, 18 percent
    involved provision of goods and services, and 19 percent alleged
    ``racial hatred.'' Persons born outside the country filed 38 percent of
    the complaints, and Aboriginals and Torres Strait Islanders filed 39
    percent. During this period 524 complaints were resolved, 245 through
    conciliation.
        In August the UN Committee on the Elimination of Racial
    Discrimination released its Concluding Observations of the Committee on
    the Elimination of Racial Discrimination for Australia. It expressed
    concern at the absence of protection against racial discrimination in
    the constitution and racially motivated assaults of Indian students in
    the state of Victoria.

        Indigenous People.--According to the 2006 census, Aboriginals and
    Torres Strait Islanders numbered approximately 517,200 persons,
    approximately 2.5 percent of the total population.
        Indigenous ownership of land is predominately in non-urban areas;
    the land was previously government owned. The 1976 Federal Aboriginal
    Land Rights (Northern Territory) Act transferred almost 50 percent of
    the land in the Northern Territory to indigenous ownership. The
    National Native Title Tribunal resolves native land title applications
    through mediation and acts as an arbitrator in cases where the parties
    cannot reach agreement about proposed mining or other development of
    land. In 2002 the High Court ruled that native title rights do not
    extend to mineral or petroleum resources and that, in cases where
    leaseholder rights and native title rights are in conflict, leaseholder
    rights prevail but do not extinguish native title rights. At year's end
    the Western Australia State government was continuing its efforts to
    negotiate a native title agreement with the Nyoogar people.
        The A$1.7 billion (approximately $1.7 billion) Indigenous Land
    Corporation is a special account that provides a continuing source of
    funds for indigenous persons to purchase land for their use. It is
    separate from the National Native Title Tribunal and is not for payment
    of compensation to indigenous persons for loss of land or to
    titleholders for return of land to indigenous persons.
        As part of the intervention to address child sexual abuse in
    Northern Territory indigenous communities (see section 6, Children),
    the Government took control of certain indigenous communities through
    five-year land leases. During the year Amnesty International raised
    concerns about reported delays in government payment of rent to the
    communities for those leases. As of May the Government stated it had
    made payments to 45 out of 64 communities; it stated it would pay rent
    to the Aboriginal corporations that hold the land titles in the
    remaining communities once they provided certain financial account
    information. In 2009 the Government warned it would permanently acquire
    some townships in Alice Springs unless the townships relinquished
    control of services and signed 40-year leases with the Government; the
    leases subsequently were signed. (These townships are not Aboriginal
    land but special-purpose leases granted to local indigenous
    associations by the Northern Territory government.)
        The Government expressed a commitment to ``closing the gap'' on
    indigenous disadvantage, and since 2008 the prime minister has reported
    to Parliament on this at the beginning of each year. In July 2009 the
    Productivity Commission reported improvements among the indigenous
    population in key indicators, such as income, employment, home
    ownership, infant mortality, and completion of secondary school.
    However, significant gaps remained between indigenous and nonindigenous
    citizens in these and other key areas. According to the ABS, during the
    year indigenous adults were 14 times as likely as nonindigenous adults
    to be imprisoned and comprised 26 percent of the prison population.
    According to the Australian Institute of Health and Welfare, life
    expectancy for indigenous persons was 67 years for men and 73 for
    women, compared with 77 and 82 respectively for the nonindigenous.
        In March the UN special rapporteur on indigenous issues reported on
    the human rights of indigenous persons following an 11-day visit in
    August 2009, which included a meeting with the indigenous affairs
    minister. While praising efforts to address indigenous disadvantage and
    moves to establish a national indigenous representative body, the
    report asserted that some aspects of the Northern Territory
    intervention were incompatible with the country's international
    obligations and urged the Government to make the intervention compliant
    with the Racial Discrimination Act. In June Parliament passed
    legislation restoring the Racial Discrimination Act--suspended in the
    Northern Territory in August 2007 in connection with the intervention--
    effective in December.
        In August the UN Committee on the Elimination of Racial
    Discrimination, in its Concluding Observations of the Committee on the
    Elimination of Racial Discrimination for Australia, welcomed the
    Government's February 2008 national apology to indigenous people, its
    support for the UN Declaration on the Rights of Indigenous Peoples, and
    its commitment to ``close the gap'' in regard to indigenous
    disadvantage. It encouraged the country to increase funding for
    indigenous legal aid, and expressed concern at indigenous deaths in
    custody and the absence of ``appropriate compensation payment schemes''
    for those forcibly removed from their parents in the past (known as the
    ``stolen generations'').
        On May 2, a new national representative body for Aboriginals and
    Torres Strait Islanders, the National Congress of Australia's First
    Peoples, was formally established.
        The HREOC has an Aboriginal and Torres Strait Islander social
    justice commissioner.

        Societal Abuses, Discrimination, and Acts of Violence Based on
    Sexual Orientation and Gender Identity.--In 2008 and 2009, the
    Government amended 84 laws to eliminate discrimination against same-sex
    couples and their children in a wide range of areas, including taxes,
    child support, immigration, pensions, and social security.
        Gay pride marches took place in major cities during the year; such
    marches were authorized by the Government, and police provided
    sufficient protection to participants.
        In August a man was charged with assault occasioning bodily harm in
    relation to an attack on a gay rights activist in Sydney. The victim
    stated that the accused had made violent homophobic comments toward
    him. The case was pending at year's end. On December 10, three
    teenagers were sentenced to prison terms for the January assault of a
    gay couple in the Queensland town of Maryborough.
        The HREOC received 19 complaints of employment discrimination based
    on sexual orientation from July 2009 through June 2010.

        Other Societal Violence or Discrimination.--Federal and various
    state laws prohibit discrimination on the grounds of HIV-positive
    status. The HREOC reviews complaints of discrimination on the grounds
    of HIV/AIDS status under the category of disability-related complaints,
    but a specific breakdown of HIV/AIDS-related cases was not available.
    There were no reports of violence against persons based on HIV/AIDS
    status.
    Section 7. Worker Rights

        a. The Right of Association.--The law provides workers, including
    public servants, the right of association domestically and
    internationally and protection against antiunion discrimination, and
    workers exercised these rights in practice. An ABS survey released in
    May indicated that in 2009 union membership was 20 percent of the total
    workforce and 14 percent of the private-sector workforce--virtually
    identical to 2008 percentages. The ABS estimated union membership in
    the agricultural sector at 4 percent. Union membership was estimated at
    46 percent in the public sector, 13 percent in retail, 22 percent in
    mining, 25 percent in manufacturing, and 20 percent in construction.
    Unions carried out their functions free from government or political
    control. Almost all unions were affiliated with the Australian Council
    of Trade Unions (ACTU).
        In March 2009 Parliament passed the Fair Work Act, the major
    component of the Government's workplace reforms, which replaced the
    Workplace Relations Act (WRA) as the country's basic labor law for
    private-sector workers. The Fair Work Act became fully effective in
    2010.
        Under the law workers are free to join or decline to join
    industrial associations, and discrimination against individuals for
    membership or nonmembership in a union is prohibited. In New South
    Wales (NSW), registration of a union may be cancelled in case of a
    strike having a substantially adverse effect on public service or
    defying an order of the NSW Industrial Relations Commission.
    Nationally, employers and other unions have the right to challenge
    changes to union ``eligibility rules,'' which essentially outline the
    types of employees the union may represent.
        Unions and the International Confederation of Trade Unions
    continued to claim that the Australian Building and Construction
    Commission (ABCC), which has special powers to investigate industrial
    activity in that sector, discriminated against unions. The ABCC has the
    authority to interview individual workers privately in connection with
    its investigations, and workers may be prosecuted for refusing to
    comply; penalties range from a fine of up to A$22,000 (approximately
    $22,000) to a prison term of up to six months. On November 24, union
    member Ark Tribe was found not guilty of failing to attend an ABCC
    interview in 2008.
        The law provides for the right to strike but confines strikes to
    the period when unions are negotiating a new enterprise agreement and
    specifies that strikes must concern matters under negotiation. This is
    known as ``protected action.'' Protected action provides employers,
    employees, and unions with legal immunity from claims of losses
    incurred by industrial action. The law subjects strikers to penalties
    for taking industrial action during the life of an agreement and
    contains secondary-boycott provisions. Industrial action must be
    authorized by a secret ballot of employees; unions complained that this
    requirement was unduly time consuming and expensive to implement. The
    law permits the Government to stop strikes if they are judged to have
    an ``adverse effect'' on the employer or damage third parties, but this
    provision was not used during the year. Strikes in essential services--
    such as law enforcement, air-traffic control, and sanitation--are
    regulated by federal and state laws.
        According to the ABS, during the 12-month period ending in
    September, 221 industrial disputes began, 19 more than during the
    previous 12 months. (Industrial disputes include both strikes and
    employer-initiated work stoppages, such as lockouts.) During the same
    period, total workdays lost due to industrial disputes rose from
    119,100 to 144,100.

        b. The Right to Organize and Bargain Collectively.--Federal, state,
    and territorial laws provide workers with the right to organize and
    bargain collectively, and workers exercised this right in practice.
        Under the WRA, negotiation of contracts covering wages and working
    conditions shifted further from a centralized awards system to
    enterprise-level agreements certified by the Australian Industrial
    Relations Commission. The WRA also provided for the negotiation of
    Australian Workplace Agreements (AWAs) between employers and individual
    workers, which were subject to fewer government regulations than awards
    or enterprise bargaining agreements. Transitional amendments to the WRA
    in 2008 abolished the signing of new AWAs and established a new ``no
    disadvantage'' test for future workplace agreements designed to ensure
    that they contain basic worker protections. Existing AWAs may continue
    until their expiration. In addition the 2008 law directed the
    Australian Industrial Relations Committee to create a national safety
    net of minimum employment standards and industrial awards, which came
    into effect in 2010.
        The Fair Work Act requires employers to act in ``good faith'' when
    a majority of employees want a collective agreement; gives unions
    greater ability to access worksites; enables low-paid workers to engage
    in multi-employer ``good faith bargaining''; reduces the list of
    ``prohibited content'' issues that may not be included in a collective
    agreement; and gives stronger intervention powers to a new independent
    industrial relations umpire, Fair Work Australia, which assumed the
    functions of the Australia Industrial Relations Commission and other
    workplace bodies during the year. In July 2009 new provisions took
    effect providing unfair dismissal rights--previously removed for those
    in businesses with 100 or fewer employees under 2005 amendments to the
    WRA known as WorkChoices--to employees in all businesses. To be
    eligible an employee must have served with the employer at least six
    months (one year in the case of an employer with fewer than 15
    employees).
        Under the Fair Work Act, union officials have the right to enter
    workplaces if they hold right-of-entry permits granted by Fair Work
    Australia. Written notice is generally required to enter a workplace
    and should be provided no less than 24 hours and no more than 14 days
    before the proposed visit. A permit holder may enter premises to hold
    discussions with one or more employees. Eligibility to enter premises
    is not dependent on whether a union is party to an award or enterprise
    agreement, but rather on whether a union covers the work of a
    particular employee.
        There are no export processing zones.

        c. Prohibition of Forced or Compulsory Labor.--The law explicitly
    prohibits forced or compulsory labor; however, trafficking in persons
    was a limited problem.
        Also see the Department of State's annual Trafficking in Persons
    Report at www.state.gov/g/tip.

        d. Prohibition of Child Labor and Minimum Age for Employment.--
    There is no federally mandated minimum age of employment, but state-
    imposed compulsory educational requirements, enforced by state
    educational authorities, effectively prevented most children from
    joining the work force full time until they were 15 or 16 years of age.
    Federal, state, and territorial governments monitored and enforced a
    network of laws, which varied among jurisdictions, governing the
    minimum ages for leaving school, claiming unemployment benefits, and
    engaging in specified occupations. The ACTU also monitored adherence to
    these laws.

        e. Acceptable Conditions of Work.--Although a formal minimum wage
    exists, most workers received higher wages through enterprise
    agreements or individual contracts. There are above-minimum wage
    classifications for individual trades and professions. On June 29, Fair
    Work Australia, which determines minimum wage increases, increased the
    federal minimum award wage from A$543.78 (approximately $544) per week
    to A$569.90 (approximately $570), which provided a decent standard of
    living for a worker and family. The law makes casual and part-time
    workers, contractors, and the self-employed eligible for payment of up
    to 18 weeks of the national minimum wage. In June Parliament passed
    legislation establishing a taxpayer-funded, paid parental leave
    benefit, to go into effect in January 2011.
        The Fair Work Ombudsman provides employers and employees advice
    about their rights and has authority to investigate employers alleged
    to have exploited employees unlawfully.
        Under the Fair Work Act, maximum weekly hours are 38 plus
    ``reasonable'' additional hours. Industry standards or awards mandate
    rest periods and pay for overtime.
        Over the past two decades, there has been a substantial increase in
    the percentage of the workforce regarded as temporary workers. The ABS
    reported that, as of July, approximately 3.37 million persons (30
    percent of the workforce) were employed as ``part-time'' workers, of
    whom 70 percent were women. Federal or state occupational health and
    safety laws apply to every workplace. Federal and state laws provide
    employees with the right to cease work without endangering their future
    employment if they believe that particular work activities pose an
    immediate threat to individual health or safety. Workers exercised
    these rights in practice and have recourse to state health and safety
    commissions, which investigate complaints and order remedial action.
        Labor law protects citizens, permanent residents, and migrant
    workers. Migrant worker visas require that employers respect these
    protections and provide bonds to cover health insurance, worker's
    compensation insurance, unemployment insurance, and other benefits.
    There were some complaints, although to a lesser extent than in
    previous years, that some individuals on so-called ``457'' employer-
    sponsored, skilled-worker visas were being underpaid and used as a less
    expensive substitute for Australian workers. During 2009, in response
    to such complaints, the Government tightened eligibility requirements
    for ``457'' visas, including increasing minimum salary levels to
    ``market rates'' and increasing English-language requirements. There
    were no reports of worker rights abuses in the country's three
    inhabited dependent territories of Christmas Island, Cocos (Keeling)
    Island, and Norfolk Island.

                                   __________

                               BURNEI DARUSSALAM

        Brunei Darussalam is a sultanate ruled by the same family for more
    than 600 years, and it has a population of approximately 428,000.
    Sultan Haji Hassanal Bolkiah governed under emergency powers that place
    few limits on his power. The Legislative Council, made up of appointed,
    indirectly elected, and ex-officio members, with a limited role in
    recommending and approving legislation, met during the year. Security
    forces reported to the sultan.
        The following human rights problems were reported: inability of
    citizens to change their government; limits on freedom of speech,
    press, assembly, and association; restrictions on religious freedom;
    discrimination against women; trafficking in persons; restricted labor
    rights; and exploitation of foreign workers.
                            respect for human rights
    Section 1. Respect for the Integrity of the Person, Including Freedom
            From:

        a. Arbitrary or Unlawful Deprivation of Life.--There were no
    reports that the Government or its agents committed arbitrary or
    unlawful killings.

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

        c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
    Punishment.--The law prohibits mistreatment of prisoners, and there
    were no reports of such mistreatment. Caning is mandatory for 42
    criminal offenses, and as of October official statistics reported 53
    persons caned, most commonly for drug-related offenses and immigration
    violations. Canings were carried out in the presence of a doctor, who
    had the authority to interrupt the punishment for medical reasons.
        At year's end the trial continued of four police officers accused
    in January 2009 of ``culpable homicide not amounting to murder and
    voluntarily causing grievous harm'' to Abdul Rahim Abdullah Tan, who
    died in police custody.

        Prison and Detention Center Conditions.--Prison and detention
    center conditions generally met international standards. There were 374
    convicted persons and 22 persons awaiting trial. Jerudong Prison holds
    ``serious offenders,'' and, separately, approximately 40 female
    prisoners. Juveniles are not subject to imprisonment.
        Approximately 30 percent of the inmate population consisted of
    foreigners of various religions. Inmates were permitted to practice
    their religions. A government-appointed committee composed of retired
    government officials monitored prison conditions and investigated
    complaints of inhumane conditions.
        During the year there were no reports that human rights monitors
    requested prison visits; foreign diplomats had consular access to
    detained nationals. Family members were permitted to visit prisoners
    and bring food.
        The prison has an ombudsmen system in place. ``Visiting justices,''
    ranging from prominent businessmen and community leaders to
    representatives of public institutions, visited prisons once a month.

        d. Arbitrary Arrest or Detention.--The law provides for prompt
    judicial determination regarding the validity of an arrest, and in
    practice the Government generally observed this provision; however, it
    could be superseded through the invocation of emergency powers.

        Role of the Police and Security Apparatus.--The police force and
    Internal Security Department (ISD) are under the direct control of the
    Prime Minister's Office. Civilian authorities maintained effective
    control over the police force and ISD, 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 Procedures and Treatment While in Detention.--A magistrate
    must endorse a warrant for arrest, except when police are unable to
    obtain an endorsement in time to prevent the flight of a suspect.
    Police officers have broad powers to make arrests without warrants of
    persons caught in the act of committing a crime. After arrest police
    may detain a suspect up to 48 hours before bringing the individual
    before a magistrate. There were no reports that persons were detained
    without a hearing.
        The Internal Security Act (ISA) permits the Government to detain
    suspects without trial for renewable two-year periods. The Government
    regularly convenes an independent advisory board consisting of
    executive and judicial branch officials to review individual ISA
    detentions and recommend whether they should be renewed for an
    additional two years.
        According to reports, detainees were promptly informed of the
    charges against them. Information on detainees was made public only
    after their release.
        The criminal procedure code allows for bail except in cases
    indicated as ``discretionary'' by law. Detainees generally had prompt
    access to lawyers and family visitations; however, police may deny
    access in exceptional cases, such as probable cause to suspect witness
    tampering. There is no legal provision to provide affordable legal
    counsel for poor defendants, except in capital cases. In noncapital
    cases indigent defendants may act as their own lawyers in court.

        e. Denial of Fair Public Trial.--The law does not provide
    specifically for an independent judiciary, but the courts appeared to
    act independently, and there were no known instances of government
    interference with the judiciary. All higher-court judges are appointed
    by the sultan and serve at his pleasure.

        Trial Procedures.--Secular law, based on English common law,
    provides all citizens with a fair and efficient judicial process.
    Defendants in criminal proceedings are presumed innocent. Most criminal
    cases are conducted in public trials by a judge or panel of judges.
    Procedural safeguards include the right to defense counsel, an
    interpreter, and a speedy trial, as well as the right to confront
    accusers and to avoid self-incrimination. Lawyers have access to the
    accused once charges are filed through the trial process, but not
    during initial questioning. Defendants and their attorneys have access
    to government-held evidence relevant to their cases. Defendants have a
    right of appeal. ISA detainees were denied the right to legal counsel
    and were not presumed to be innocent.

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

        Civil Judicial Procedures and Remedies.--There is no specific
    provision of law to bring civil suit for human rights violations. In
    customary practice individuals may present written complaints about
    rights violations to the sultan directly for review. Such complaints
    typically were handled privately, and there were no reports of civil
    remedies handled in this manner during the year. Individual government
    servants who act outside their authority resulting in civil wrongdoing
    may be subject to fines or prosecution. Civil courts were generally
    unbiased.

        f. Arbitrary Interference With Privacy, Family, Home, or
    Correspondence.--The law permits government intrusion into the privacy
    of individual persons, families, and homes. Sharia (Islamic law)
    permits enforcement of khalwat, an Islamic prohibition on the close
    proximity of a Muslim and a member of the opposite sex other than a
    spouse or close male relative. During the year 51 khalwat cases were
    reported.
        The Government monitored citizens' private e-mail, cell phone
    messaging, and Internet chat room exchanges believed to be subversive.
    An informant system was used as part of the Government's internal
    security apparatus to monitor suspected dissidents.
    Section 2. Respect for Civil Liberties, Including:

        a. Freedom of Speech and Press.--Under the emergency powers, the
    Government significantly restricted freedom of speech and of the press.
    Members of the Legislative Council are allowed to ``speak their
    opinions freely,'' but they are prohibited from using language or
    exhibiting behavior deemed ``irresponsible, derogatory, scandalous, or
    injurious.''
        Under the Sedition Act, it is an offense to challenge in any way
    the authority of the sultan or members of the royal family. The act
    also makes it an offense to challenge ``the standing or prominence of
    the national philosophy, the Malay Muslim Monarchy concept.'' This
    ideology permeates the country's life and government administration,
    promoting Islam as the state religion and monarchical rule as the sole
    acceptable governing system and upholding the rights and privileges of
    the Brunei Malay race.
        The act provides for prosecution of newspaper publishers,
    proprietors, or editors who publish anything allegedly having a
    seditious intent. Publication may be suspended for up to one year, and
    publishers, printers, or editors can be prohibited from publishing,
    writing, or editing any other newspaper. Printing equipment can also be
    seized. Persons convicted under the act face fines of up to BN$5,000
    (approximately $3,500) and jail terms of up to three years.
        The law requires local newspapers to obtain operating licenses and
    prior government approval of foreign editorial staff, journalists, and
    printers. The law also gives the Government the right to bar
    distribution of foreign publications and requires distributors of
    foreign publications to obtain a government permit. The law allows the
    Government to close a newspaper without giving prior notice or showing
    cause. Journalists deemed to have published or written ``false and
    malicious'' reports may be subjected to fines or prison sentences.
        Foreign newspapers were routinely available, although the
    Government must approve their distribution. Internet versions of
    foreign media were routinely available.
        The Government owned the only television station. Three Malaysian
    television stations were also available, along with two satellite
    television services. Some content was subject to censorship based on
    theme, but such censorship was not consistent.
        The country's major newspapers practiced self-censorship. However,
    letters to the editor often included comments critical of the
    Government's handling of certain social, economic, and environmental
    matters. On occasion the Government responded to public opinion on
    topics concerning social or environmental problems and the delay of
    public services.

        Internet Freedom.--According to International Telecommunication
    Union statistics for 2009, approximately 81 percent of the country's
    inhabitants used the Internet. The Government monitored private e-mail
    and Internet chat room exchanges of citizens believed to be subversive.
    There was anecdotal information that fear of government surveillance
    reduced the number of visitors to Internet forums. The primary Internet
    service provider was state owned.

        Academic Freedom and Cultural Events.--The Government generally
    respected academic freedom; however, some researchers chose to publish
    under a pseudonym from overseas when they perceived that subject matter
    would not be well received.
        A censorship board made up of officials from the Prime Minister's
    Office and the Ministries of Home Affairs and Religious Affairs
    determines the suitability of concerts, movies, cultural shows, and
    other public performances. Religious authorities also review
    publications to ensure compliance with social norms.

        b. Freedom of Peaceful Assembly and Association.--Freedom of
    Assembly.--Under the emergency powers, the Government significantly
    restricted the right to assemble. According to the Societies Order,
    public gatherings of 10 or more persons require a government permit,
    and police have the authority to stop an unofficial assembly of five or
    more persons deemed likely to cause a disturbance of the peace.

        Freedom of Association.--The law requires formal groups, including
    religious, social, or cultural, to register with the Registrar of
    Societies and provide regular reports on membership and finances. The
    Government continued to restrict the activities of international
    service organizations such as Rotary, Kiwanis, and the Lions, which
    developed out of the established business community. Religious
    regulations promulgated by the Ministry of Religious Affairs and the
    State Mufti's Office prohibited Muslims from joining these
    organizations.
        The National Development Party maintained that government
    restrictions limited the party's growth.

        c. Freedom of Religion.--For a complete description of religious
    freedom, please see the 2010 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. Government employees, both citizens and foreigners working on
    a contractual basis, must apply for approval to go abroad. In September
    2009 the Government introduced guidelines stating that no government
    officials may travel alone and that nonrelated male and female officers
    may not travel together. The Government restricted the movement of
    former political prisoners during the year following their release.
        By law the sultan may forcibly exile, permanently or temporarily,
    any person deemed a threat to the safety, peace, or welfare of the
    country. However, there have been no cases of banishment since 1984.

        Protection of Refugees.--The country is not a party to the
    Convention relating to the Status of Refugees and its 1967 Protocol.
    The country's laws do not provide for the granting of asylum or refugee
    status, and the Government has not established a system for providing
    protection to refugees. In practice the Government did not provide
    protection against the expulsion or return of refugees to countries
    where their lives or freedom would be threatened on account of their
    race, religion, nationality, membership in a particular social group,
    or political opinion. However, as in past years, there were no such
    expulsions or returns during the year.

        Stateless Persons.--The law, administered on a case-by-case basis,
    allows citizenship to permanent residents who have contributed to the
    country's economic growth, to women married to citizens for two years,
    to women married to permanent residents for five years, and to children
    of permanent resident fathers after the age of two years and six
    months. According to unofficial sources, there were approximately
    20,000 ``stateless'' persons in the country, including persons born and
    raised in the country who were not automatically accorded citizenship
    and its attendant rights but were granted permanent resident status.
    The births of members of the Dusun and Iban indigenous groups living in
    rural areas often were not registered. Coupled with illiteracy, this
    made it difficult to issue certificates of identity to such persons.
    Government policy mandates that a child of stateless parents born in
    the country must apply for a special pass. Individuals who do not have
    a certificate of identity or special pass do not enjoy full privileges
    of citizenship, do not have the right to own land, and are not entitled
    to full subsidized health care or higher education. In July 2009 the
    Land Code Strata Act, which allows permanent residents to own unit/s of
    multistory property for a maximum of 99 years, came into force. In lieu
    of passports, the Government issued certificates of identity to allow
    these persons international travel and reentry; foreign visas may be
    entered in the certificates.
    Section 3. Respect for Political Rights: The Right of Citizens to
            Change Their Government
        Citizens do not have the right to change their government
    peacefully. The same family has ruled the country for more than 600
    years. In 1962 the then sultan invoked an article of the constitution
    that allowed him to assume emergency powers for two years. These powers
    have been renewed every two years since 1962. The state of emergency
    places few limits on the sultan's power. The sultan also serves as
    prime minister, minister of defense, minister of finance, chancellor of
    the national university, inspector general of the Royal Brunei Police
    Force, and head of the Islamic faith.

        Elections and Political Participation.--Political authority and
    control rested entirely with the sultan. A 29-person legislative
    council (LegCo), which has no independent power and was composed
    primarily of appointed members, provides a forum for public discussion
    of proposed government programs as well as administrative deficiencies.
    It convenes once a year. Council members may be disqualified from
    service on the basis of various offenses, including disloyalty to the
    sultan.
        Persons 18 years of age and above may vote by secret ballot in
    village consultative council elections, which are based on a
    traditional system of village chiefs. Candidates must be Muslim, be
    approved by the Government, and be citizens or permanent residents for
    more than 15 years. The councils communicate constituent wishes through
    a variety of channels, including periodic meetings chaired by the
    minister of home affairs. The Government also meets with mukim
    (collections of villages) representatives to allow for airing of local
    grievances and concerns.
        The Brunei National Development Party was the country's only
    registered political party. The party pledged to support the sultan and
    the Government. Although the party criticized administrative
    deficiencies, its few activities received limited publicity, and it was
    hindered by membership restrictions.
        Individuals sought to express their views or influence government
    decisions and policies by posting messages to Internet discussion
    boards, writing letters to local newspapers, and petitioning the sultan
    or handing him letters when he appeared in public.
        On May 29, the sultan appointed the first female cabinet member,
    Datin Adina, as deputy minister for culture, youth, and sports. Two
    other women held ministerial rank--the sultan's sister, Princess Masna,
    ambassador-at-large in the Ministry of Foreign Affairs and Trade; and
    Datin Hayati, appointed in August 2009, the first female attorney
    general. There were three female permanent secretaries--in the Ministry
    of Education, Ministry of Defense, and the Ministry of Foreign Affairs
    and Trade. There were no female members appointed in the LegCo.
        Ethnic Chinese held one cabinet-level post and two LegCo positions.
    Section 4. Official Corruption and Government Transparency
        The law provides criminal penalties for official corruption, and
    the Government generally implemented these laws effectively; however,
    officials sometimes engaged in corrupt practices with impunity.
        In accordance with its zero tolerance policy for corrupt practices,
    the Government successfully prosecuted a number of low-level officials.
    On February 18, a former government minister accused of corruption in
    awarding government projects was sentenced to seven years in prison and
    ordered to pay 90 percent of the prosecution costs, which amounted to
    approximately $403,000 and restitution to the Government. The total
    amount he received in gratuities was BN$4.2 million ($3.2 million). The
    former minister's alleged partner was sentenced in absentia to seven
    years in prison, and an arrest warrant was issued. If captured, he
    would also be liable for 10 percent of the prosecution costs, amounting
    to HK$347,000 ($44,700).
        The police and the ISD were considered free of major corrupt
    practices, although there were reports of petty corruption.
        The Anticorruption Bureau, under the purview of the Prime
    Minister's Office, reports directly to the sultan.
        Government officials were not subject to financial disclosure
    reports.
        The law provides for public access to government information.
    During the year the LegCo approved, and the Government published, a
    summary of the budget for the fiscal year. However, the Government
    continued to restrict and classify as confidential some information on
    the financial dealings of the Government and the royal family. The law
    provides that no court can compel any person to give evidence relating
    to unpublished government records unless the relevant ministry's
    permanent secretary gives consent.
    Section 5. Governmental Attitude Regarding International and
            Nongovernmental Investigation of Alleged Violations of Human
            Rights
        Few civil society organizations dealt directly with human rights. A
    nongovernmental organization (NGO) seeking to operate in the country is
    required to apply for permission under the Companies Act and provide a
    list of members. The Government may suspend the activities of a
    registered NGO if it deems such an act in the public interest. In the
    past the Consumers' Association of Brunei attempted to address human
    rights, but the Government impeded these attempts. However, the
    association remained active in building relationships with other NGOs
    in the region dealing with consumer protection issues. There were NGOs
    that dealt with such issues as assisting victims of domestic violence.
        The Government was not known to have interacted with international
    human rights NGOs.
    Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
        The law does not contain specific provisions prohibiting
    discrimination based on race, sex, disability, language, or social
    status.

        Women.--The law stipulates imprisonment of up to 30 years and
    caning with not fewer than 12 strokes for rape. The law does not
    criminalize spousal rape; it explicitly states that sexual intercourse
    by a man with his wife, as long as she is not under 13 years of age, is
    not rape. Protections against sexual assault by a spouse are provided
    under the amended Islamic Family Law Order 2010 and Married Women Act
    Order 2010, and the penalty for breaching a protection order is a fine
    not exceeding BN$2,000 ($1,538) or imprisonment not exceeding six
    months. During the year 23 rape cases were reported; at year's end
    police were investigating 11 and had forwarded 10 to the Attorney
    General Chambers.
        There is no specific domestic violence law, but arrests have been
    made in domestic violence cases under the Women and Girls Protection
    Act. The police investigate domestic violence only in response to a
    report by a victim. The police were generally responsive in the
    investigation of such cases. During the year there were a total of 62
    cases of spousal dispute abuse reported; at year's end 55 cases were
    under investigation, and eight had been forwarded to the Attorney
    General Chambers. The criminal penalty for a minor domestic assault is
    one to two weeks in jail and a fine. An assault resulting in serious
    injury is punishable by caning and a longer prison sentence.
        A special unit staffed by female officers existed within the police
    department to investigate domestic abuse and child abuse complaints. A
    hotline was available for persons to report domestic violence. The
    Ministry of Culture, Youth, and Sport's Department of Community
    Development provided counseling for women and their spouses. Based on
    individual circumstances, some female and minor victims were placed in
    protective custody while waiting for their cases to be brought to
    court.
        Islamic courts staffed by male and female officials offered
    counseling to married couples in domestic violence cases. Officials did
    not encourage wives to reconcile with flagrantly abusive spouses, and
    Islamic courts recognized assault as grounds for divorce.
        The law prohibits sexual harassment and stipulates that whoever
    assaults or uses criminal force, intending thereby to outrage or
    knowing it is likely to outrage the modesty of a person, shall be
    punished with imprisonment for as much as five years and caning.
        Couples and individuals have the right to decide the number,
    spacing, and timing of their children and have access to contraceptive
    devices and methods through the Government and private clinics.
    According to information gathered by the UN, in 2008 the maternal
    mortality rate was an estimated 21 deaths per 100,000 live births.
    Citizens enjoy free medical and health care, including skilled
    attendance during childbirth, prenatal care, and essential obstetric
    and postpartum care. Women had equal access to diagnostic and treatment
    facilities for sexually transmitted diseases. Women had equal access to
    HIV treatment and counseling, as well as follow-up treatment.
        In accordance with the Government's interpretation of Qur'anic
    precepts, Muslim women have rights similar to those of Muslim men in
    areas such as divorce and child custody. Islamic law requires that
    males receive twice the inheritance of women. Civil law permits female
    citizens to pass their nationality on to their children and to own
    property and other assets, including business properties.
        Unlike in previous years, women with permanent positions in the
    Government could apply for travel allowances for their children;
    however, they could not do so for their husbands working in the private
    sector. With this exception, they received the same allowance
    privileges as their college-educated counterparts. According to
    government statistics, women made up 57 percent of the civil service
    force and held 28 percent of senior management posts. Women are not
    discriminated against in access to employment and business.

        Children.--Birth registration is universal except for Dusun and
    Iban indigenous persons in rural areas (see section 2.d.). Citizenship
    is derived through one's parents rather than through birth within the
    country's territory. Parents with stateless status are required to
    apply for a special pass for a child born in the country; failure to
    register a child made it difficult to enroll the child in school.
        By law sexual intercourse with a female under 14 years of age
    constitutes rape and is punishable by imprisonment for not less than
    eight years and not more than 30 years and not less than 12 strokes of
    the cane. The law protects women, girls, and boys from exploitation
    through prostitution and ``other immoral purposes,'' including
    pornography.
        The country is not a party to the 1980 Hague Convention on the
    Civil Aspects of International Child Abduction. For information on
    international parental child abduction, please see the Department of
    State's annual report on compliance at http://travel.state.gov/
    abduction/resources/congressreport/congressreport--4308.html as well as
    country-specific information at http://travel.state.gov/abduction/
    country/country--3781.html.

        Anti-Semitism.--There were no known Jewish communities in the
    country, and there were no reports of anti-Semitic acts.

        Trafficking in Persons.--For information on trafficking in persons,
    please see the Department of State's annual Trafficking in Persons
    Report at www.state.gov/g/tip.

        Persons With Disabilities.--The law does not mandate accessibility
    or other assistance for persons with disabilities. The Government
    provided educational services for children with disabilities, but the
    level of services available was uneven. The Department for Community
    Development conducted several programs targeted at promoting awareness
    of the needs of persons with disabilities.

        Societal Abuses, Discrimination, and Acts of Violence Based on
    Sexual Orientation and Gender Identity.--There were no reports of
    societal violence or discrimination based on sexual orientation. The
    law makes it a criminal offense to have ``sexual intercourse against
    the order of nature.'' There were no reports of official discrimination
    based on sexual orientation in employment, housing, access to
    education, or health care.

        Other Societal Violence or Discrimination.--There were no reports
    of societal violence or discrimination against persons with HIV/AIDS.
    Section 7. Worker Rights

        a. The Right of Association.--Under the Trade Unions Act, unions
    are legal and must be registered with the Government. All workers,
    including civil servants other than those serving in the military and
    those working as prison guards or police officers, may form and join
    trade unions of their choice without previous authorization or
    excessive requirements. Foreign workers are prohibited from forming or
    joining trade unions. In practice trade union activity was minimal, and
    the Government discouraged union formation. The three registered trade
    unions were in the oil sector and had a total membership of less than 5
    percent of the industry's total work force.
        While the law permits the formation of trade union federations, it
    forbids affiliation with international labor organizations unless there
    is consent from the home affairs minister and Department of Labor.
        The Government prohibits strikes, and the law makes no explicit
    provision allowing the right to strike.

        b. The Right to Organize and Bargain Collectively.--The law
    prohibits employers from discriminating against workers in connection
    with union activities but provides no legal framework for collective
    bargaining. There was very little union activity in the country, and
    employer discrimination against union members was not reported.
    Employers in the industrial sector did not encourage foreign workers to
    form unions.
        There is a free trade zone in Muara Port, known as the Muara Export
    Zone (MEZ). Labor laws are fully applicable in the MEZ.

        c. Prohibition of Forced or Compulsory Labor.--The law prohibits
    forced or compulsory labor, and there were no credible reports of
    forced labor.

        d. Prohibition of Child Labor and Minimum Age for Employment.--
    Various laws prohibit the employment of children under age 16. Parental
    consent and approval by the Labor Commission is required for those
    under 18. Female workers under 18 may not work at night or on offshore
    oil platforms. The Department of Labor, which is part of the Ministry
    of Home Affairs, effectively enforced laws related to the employment of
    children. There were no reports of violations of child labor laws.

        e. Acceptable Conditions of Work.--Most employed citizens commanded
    good salaries. There is no minimum wage. The standard workweek is
    Monday through Thursday and Saturday, with Friday and Sunday off,
    allowing for two rest periods of 24 hours each week. Overtime is
    required for work in excess of 48 hours per week, and double time is
    required for work performed on legal holidays, but this frequently was
    not observed in practice.
        Occupational health and safety standards were established by
    government regulations. The Labor Department inspected working
    conditions on a routine basis and in response to complaints. It
    generally enforced labor regulations effectively, but enforcement in
    the unskilled labor sector was lax, especially for foreign laborers at
    construction sites, where pay arrearage and inadequate safety and
    living conditions were reported. It may close a workplace where health,
    safety, or working conditions are unsatisfactory. The law permits a
    worker to leave a hazardous job site without jeopardizing his
    employment, but in general this did not occur.
        According to government data, 87,867 foreigners worked in the
    country; such workers are excluded from most labor law protections,
    including freedom of association. During the year the minister
    responsible for labor was given additional authority to protect their
    rights, and the Government usually was quick to investigate and impose
    fines and punishment. Employers found guilty of abuses typically were
    fined or sentenced to prison and ordered to compensate the victim.
        Government protective measures for foreign workers included arrival
    briefings for workers, inspections of facilities, and a telephone
    hotline for worker complaints. Government mediation continued to be the
    most common means used to resolve labor disputes. Abusive employers
    faced criminal and civil penalties. When grievances could not be
    resolved, repatriation of foreign workers was at the expense of the
    employer, and all outstanding wages were ordered paid. The majority of
    abuse cases were settled out of court by the employer paying financial
    compensation to the worker.
        Foreign migrant workers, most notably in the garment industry,
    signed contracts with employment agents or other sponsors in their home
    countries that reduced their promised salaries through payments to the
    agencies or sponsors. The Government forbade wage deductions to
    agencies or sponsors and mandated that employees receive their full
    salaries; nevertheless, foreign workers continued to pay high fees to
    manpower agents to obtain work in the country.
        There were credible reports of domestic and construction workers
    from neighboring countries paying the equivalent of two months' wages
    to fictitious employers to obtain labor passes and work freelance on
    the local economy. There were also credible reports of citizens from
    South Asian countries working for little or no pay for up to two years
    to pay back foreign agents for securing jobs for them.
        During the year there were 10 cases reported of nonpayment of
    salaries. Eight of the complaints were made by domestic workers and
    were referred to the Attorney General Chambers. Two cases involved
    complaints made by workers in the formal sector; at year's end both
    were under investigation.
        The Government also prosecuted employers who employed irregular
    immigrants or did not process workers' documents, rendering them
    irregular.
        Immigration law allows for prison sentences and caning for workers
    who overstay their work permits and for irregular immigrants seeking
    work, as well as for foreign workers employed by companies other than
    their initial sponsor. While the majority of prosecutions were for
    those who overstayed their work permits, many workers stayed in an
    irregular status due to their former employers' negligence.

                                   __________

                                     BURMA

        Burma, with an estimated population of 56 million, is ruled by a
    highly authoritarian military regime dominated by the majority ethnic
    Burman group. The State Peace and Development Council (SPDC), led by
    Senior General Than Shwe, was the country's de facto government.
    Military officers wielded the ultimate authority at each level of
    government. In 1990 prodemocracy parties won more than 80 percent of
    the seats in a general parliamentary election, but the regime continued
    to ignore the results. In 2008 the regime held a referendum on its
    draft constitution and declared the constitution had been approved by
    92.48 percent of voters, a figure no independent observers believed was
    valid. The Government held parliamentary elections on November 7, the
    first elections since 1990. The Government-backed Union Solidarity and
    Development Party (USDP) claimed an overwhelming majority of seats in
    the national parliament and state/regional assemblies. Democracy
    activists and the international community widely criticized both the
    constitutional referendum and the elections process as seriously
    flawed. Parliament was scheduled to convene on January 31, 2011, with a
    special joint session of the upper and lower houses to follow within 15
    days. The constitution was to go into effect when that joint session
    was convened. The constitution specifies that the SPDC will continue to
    rule until a new government is formed.
        The regime continued to abridge the right of citizens to change
    their government and committed other severe human rights abuses.
    Government security forces were responsible for extrajudicial killings,
    custodial deaths, disappearances, rape, and torture. The Government
    detained civic activists indefinitely and without charges. In addition
    regime-sponsored mass-member organizations engaged in harassment and
    abuse of human rights and prodemocracy activists. The Government abused
    prisoners and detainees, held persons in harsh and life-threatening
    conditions, routinely used incommunicado detention, and imprisoned
    citizens arbitrarily for political motives. The army continued its
    attacks on ethnic minority villagers, resulting in deaths, forced
    relocation, and other serious abuses. The Government routinely
    infringed on citizens' privacy and restricted freedom of speech, press,
    assembly, association, religion, and movement. The Government did not
    allow domestic human rights nongovernmental organizations (NGOs) to
    function independently, and international NGOs encountered a difficult
    environment. Violence and societal discrimination against women
    continued, as did recruitment of child soldiers, discrimination against
    ethnic minorities, and trafficking in persons, particularly of women
    and girls. Workers' rights remained restricted. Forced labor, including
    that of children, also persisted. The Government took no significant
    actions to prosecute or punish those responsible for human rights
    abuses.
        Ethnic armed groups and some cease-fire groups (armed ethnic
    guerillas) allegedly committed human rights abuses, including forced
    labor and recruitment of child soldiers.
        The Government released Aung San Suu Kyi--general secretary of the
    National League for Democracy (NLD)--from house arrest on November 13,
    the date her sentence (for allegedly having violated the terms of her
    confinement) expired.
                            respect 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
    the Government or its agents committed arbitrary or unlawful killings.
    The Government rarely punished officials responsible for the deaths.
        Government soldiers reportedly killed several individuals in
    Rakhine State. On February 22, two soldiers beat and killed Aung Cho
    after a shop owner accused him of stealing. On March 12, seven
    government soldiers reportedly killed Kyaw Win Maung after a minor
    street quarrel. On March 21, government soldiers allegedly killed Wai
    Phyo Aung after he deserted his army battalion two days earlier. Wai
    Phyo Aung's parents received no compensation, and no investigatory
    action was reported.
        In May government troops reportedly killed two Rohingya attempting
    to cross the Naff River by boat; the two reportedly were fleeing to
    Bangladesh. Also in May soldiers killed a teenage boy after a traffic
    accident in Bago Division; the soldiers involved in the accident
    reportedly were drunk.
        During the year there were reports of killings in connection with
    conflict in Karen State (see section 1.g.).
        There were no developments in the May 2009 killing of army sergeant
    Myint Soe in Magwe Division during interrogation by military agents.
        There were no developments in the November 2009 death of Win Maung,
    who reportedly died one day after police in Bago Division interrogated
    him regarding a theft case.
        At year's end no officials had been held accountable for the deaths
    of several persons in the custody of security forces in 2008, including
    Zawmir Uddin in Rakhine State, a medical worker in Khawzar police
    station in Mon State, at least 40 inmates at Insein Prison, and a man
    in Magwe police station.
        The Government continued to take no action to investigate or punish
    those responsible for extrajudicial killings of at least 30 persons
    during the regime's violent suppression of peaceful prodemocracy
    demonstrations in 2007. The Government did not investigate or punish
    those responsible for custodial deaths in 2007, including the following
    cases: Maung Chan Kun, Lin Lin Naing, Ko Naing Oo, NLD member Win Shwe,
    and Ko Ko Win.
        The Government took no action to investigate or take responsibility
    for the 2003 attack by government-affiliated forces on an NLD convoy
    led by party leader Aung San Suu Kyi near the village of Depeyin. As
    many as 70 persons were killed, and the whereabouts of 31 persons who
    disappeared remained unknown.

        b. Disappearance.--Private citizens and political activists
    continued to ``disappear'' for periods ranging from several hours to
    several weeks or more. Such disappearances generally were attributed to
    authorities who detained individuals for questioning without informing
    family members and to the army's practice of seizing private citizens
    for portering or related duties, often without notifying family
    members. Military forces routinely ignored requests by family members
    for information.
        There were reports of disappearances during the year in connection
    with conflicts in Shan and Karen states (see section 1.g.).
        On August 5 two leaders of an ethnic militia group in Shan State,
    Salang Hkun Myant and Saland Lau Yawng, disappeared after they were
    summoned to Nay Pyi Taw.
        The whereabouts remained unknown of four Arakanese university
    students arrested in September 2009. Authorities alleged the students
    were conspiring to plan activities commemorating the 70th anniversary
    of the death of a prominent Arakanese monk who advocated for
    independence from British rule.
        During the year seven members of Lin Let Kye (Shining Star), a
    group formed in 2008 to assist in the Cyclone Nargis relief effort, who
    disappeared in October 2009 were found serving prison sentences ranging
    from seven to 14 years for allegedly violating the Unlawful
    Associations Act.
        According to a human rights representative, 14 other persons also
    involved with Nargis relief efforts, including entertainers, writers,
    and press workers, were arrested in October 2009. Of this group, six
    had been released and eight remained in prison at year's end. With the
    exception of Nyan Tun, who was being held at a prison near Pyay, their
    identities and locations were unknown.
        According to the UN Working Group on Enforced or Involuntary
    Disappearances, there were five unresolved disappearance cases at the
    end of 2009.
        The whereabouts of persons seized by military units to serve as
    porters, as well as of prisoners transferred for labor or portering
    duties, often remained unknown. Family members generally learned of
    their relatives' fates only if fellow prisoners survived and later
    reported information to the families.

        c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
    Punishment.--Laws prohibit torture; however, members of the security
    forces reportedly tortured, beat, and otherwise abused prisoners,
    detainees, and other citizens. Security forces routinely subjected
    detainees to harsh interrogation techniques designed to intimidate and
    disorient. As in previous years, authorities took little or no action
    to investigate the incidents or punish the perpetrators. There were
    reports of physical abuse, torture, and rape in connection with
    conflicts in Shan and Karen states (see section 1.g.).
        On April 18, authorities arrested and reportedly tortured an NLD
    member to prevent him from organizing citizens to boycott the November
    elections; he was freed later that month.
        In May authorities reportedly tortured during interrogation Maung
    Zeya and his son, Sithu Zeya, for taking photographs at the site where
    a bomb exploded in April during the annual Thingyan water festival. In
    June authorities sentenced both to two years in prison; on December 21,
    Sithu Zeya received an additional eight-year sentence.
        In May police reportedly beat and severely injured several youths
    during interrogation in connection with bombings at the Myitsone dam
    site near Myitkyina, Kachin State. Police detained a total of 43 youths
    for two to three weeks before releasing them; however, some remained in
    detention at year's end.
        On July 30, prison guards placed Myo Kyaw Zin, an NLD member, in
    solitary confinement for one month following his complaints to prison
    guards about the treatment of political prisoners held in Putao prison
    in northern Kachin State.
        In August there were reports that authorities ruptured the eardrum
    of NLD member Hyat Aung during interrogation, resulting in hearing
    loss. He was believed to remain in custody at year's end.
        By year's end police had not investigated an April 2009 incident in
    which thugs assaulted five NLD members, reportedly on orders from the
    regime, in four separate incidents.
        Former political prisoners released in September 2009 claimed the
    Government subjected them to eight different types of torture--ranging
    from forced squatting for prolonged periods to electric shocks--during
    interrogation to extract confessions or to intimidate. They also
    complained of inedible food, beatings, and unsanitary conditions
    leading to severe health problems. Many were held in solitary
    confinement and forced to share an eight-by-eight-foot cell with up to
    three other prisoners with only a bucket to use as a toilet.
        Many monks held since 2007 for participating in the September 2007
    prodemocracy protests against the regime were defrocked and forced to
    eat three meals a day (monks generally do not eat after midday).
    Authorities beat, sometimes severely, those who resisted.
        The armed forces reportedly used coercive and abusive recruitment
    methods to procure porters. Persons forced into portering or other
    labor faced extremely difficult conditions, beatings, rape, lack of
    food and clean water, and mistreatment that at times resulted in death.

        Prison and Detention Center Conditions.--Prison and labor camp
    conditions generally were harsh and life threatening. Prison food,
    clothing, and medical supplies were scarce and of poor quality. Bedding
    often was inadequate, sometimes consisting of a single mat or wooden
    platform on the floor. In many cases family members of prisoners, who
    generally were allowed one or two visits per month, supplemented
    prisoners' official rations of medicine and basic necessities.
    According to the Thailand-based Assistance Association for Political
    Prisoners (Burma) (AAPPB), authorities sent more than 200 political
    prisoners to remote prisons located hundreds of miles from their
    families.
        The Department of Prisons operated a reported 42 prisons and more
    than 100 labor camps. According to a human rights activist, there were
    approximately 63,000 male and 8,900 female prisoners. Pretrial
    detainees were held together with convicted prisoners, but political
    prisoners were typically held separately from common criminals. Former
    prisoners complained of being held in aging physical structures that
    received no maintenance and were infested with rodents, bacteria, and
    mold.
        The Government denied prisoners adequate medical care, although
    medical services in prisons partially reflected the poor health care
    services available to the general population. Collective reports from
    three dozen prisons indicated hepatitis B and amoebas were the most
    prevalent medical problems. Prisoners also suffered from various
    diseases, including malaria, heart disease, high blood pressure, and
    stomach problems--the result of unhygienic conditions and spoiled food.
    HIV/AIDS infection rates in prisons reportedly were high due to
    communal use of syringes for medical injections and sexual abuse by
    infected prisoners. One former political prisoner, who was released in
    2009, claimed the annual budget for medical supplies in the prison
    where he was incarcerated was 50,000 kyat (approximately $50). There
    were no medical doctors or trained health-care professionals on staff
    at several prisons. Prison officials took common criminals to the local
    hospital for treatment but were required to seek authorization from
    higher authorities before allowing political prisoners to seek medical
    assistance outside the prison. Political prisoners waited days to
    receive medical treatment for life-threatening conditions and several
    months for treatment of chronic and urgent problems.
        According to a political prisoner released in 2009, approximately
    three prisoners per month in one particular prison died due to the
    conditions. In April and May, eight criminal prisoners reportedly died
    of illnesses related to a heat wave.
        In May political prisoner Ko Kyaw Soe died in Myingyan prison at
    the age of 39. According to the AAPPB, he was the 144th prisoner since
    1998 to die while in the custody of prison authorities as a result of
    malnutrition, mistreatment, or inadequate medical care.
        According to the AAPPB, at least 137 political prisoners were in
    poor health due to harsh conditions, transfers to remote areas where
    there were no doctors, and the denial of proper medical care. Several
    political prisoners complained of inadequate treatment for medical
    problems, including hepatitis B, heart conditions, back pain, stomach
    problems, kidney stones, eye diseases, and dental problems.
        NLD member Naw Ohn Hla--held since October 2009 for offering
    Buddhist scriptures to monks--complained openly in court during a
    February 1 hearing about the poor living conditions at Insein Prison.
    Naw Ohn Hla shared a nine-by-ten-foot cell with nine other inmates.
    Authorities did not respond to Naw Ohn Hla's complaints.
        Shan State Army-North General Hsay Ten, the 74-year-old Shan ethnic
    politician serving a 106-year prison sentence for taking part in a 2005
    meeting with other politicians to discuss the authorities' plans for
    political transition, suffered from heart problems, diabetes, and
    cataracts. Authorities repeatedly denied him adequate medical care.
    Between August 2 and 9, authorities transferred him to three different
    prisons. He arrived at Sittwe Prison with a dislocated arm due to the
    heavy shackles placed on him during transport.
        Political prisoner Mya Aye, serving a 65-year sentence on a variety
    of charges, reportedly was not adequately treated for a heart
    condition. Prison authorities reportedly permitted a general
    practitioner to treat him but not a specialist.
        The heart condition of political prisoner Su Su Nwe, who was moved
    to Kale prison, continued to deteriorate due to lack of proper
    treatment.
        Comedian/activist Zarganar, serving a 35-year sentence in Kachin
    State, continued to suffer from hypertension and cardiac problems and
    did not receive adequate medical care.
        On July 16, political prisoner Myo Kyaw Zin, serving a 17-year
    term, was beaten by criminal prisoners. Authorities put Myo Kyaw Zin
    into solitary confinement for one month after he reported the incident.
        Prisoners and detainees did not have the right to manifest their
    religious beliefs or practices in public. Authorities did not permit
    prisoners and detainees to submit complaints to judicial authorities
    without censorship or to request investigation of credible allegations
    of inhumane conditions. The Government did not investigate or monitor
    prison and detention center conditions.
        The Government did not permit media or other independent groups to
    monitor prison conditions. The Government continued to deny the
    International Committee of the Red Cross (ICRC) unfettered access to
    prisons. As a result the ICRC could not follow the cases of more than
    4,000 detainees, including prisoners of conscience, minors, foreigners,
    and sick and elderly prisoners. The Government limited the ICRC's
    activities to supporting family visits to detainees and providing
    physical rehabilitation for landmine victims and other persons with
    disabilities. There was no ombudsman to serve on behalf of prisoners
    and detainees.

        d. Arbitrary Arrest or Detention.--The law does not prohibit
    arbitrary arrest or detention, and the Government routinely employed
    both practices. The law allows authorities to extend sentences after
    prisoners have completed their original sentence, and the Government
    regularly used this provision. The 1975 State Protection Law allows
    authorities to order detention without charge or trial of anyone they
    believe is performing or might perform any act that endangers the
    sovereignty and security of the state or public peace and tranquility.

        Role of the Police and Security Apparatus.--The police force falls
    administratively under the Ministry of Home Affairs. Military Security
    Affairs (MSA) falls under the Ministry of Defense. MSA officers and
    Police Special Branch (SB) officers were responsible for detaining
    persons suspected of ``political crimes'' perceived to threaten the
    Government.
        Security forces maintained a tight grip on inhabitants, due in
    large part to the fear imposed by arbitrary detention, and also through
    threats to an individual's livelihood, such as ordering small
    businesses to close.
        Impunity was a serious problem. There are no effective legal
    mechanisms available to investigate security force abuses, and the
    Government took no significant measures to reform the security forces.

        Arrest Procedures and Treatment While in Detention.--By law
    warrants for searches and arrests are required; however, the MSA and
    police have special authority to conduct searches and make arrests at
    will. The law permits a court to detain persons without charge for up
    to two weeks, with the possibility of a second two-week extension.
    However, authorities frequently and arbitrarily extended detentions
    beyond this period, sometimes up to a year, without bringing the
    detainees before a judge or informing persons of the charges against
    them. The Government often held persons under the Emergency Act of
    1950, which allows for indefinite detention.
        Bail was commonly offered in criminal cases but rarely allowed for
    political prisoners. The Government regularly refused detainees the
    right to consult a lawyer and occasionally imprisoned or detained
    lawyers.
        The Government continued to use incommunicado detention and often
    failed to inform detainees' relatives of detentions until much later.
        In January antinarcotics police reportedly assaulted a man whom
    they accused of being in possession of opium. Authorities found no
    illegal narcotics when they searched his home but arrested him without
    charge or providing a reason.
        In December 2009 authorities released U Aye Myint, a labor activist
    from Magwe Region active in land-rights cases for farmers, who was
    sentenced in September 2009 to two years' imprisonment for threatening
    to injure a public servant.
        During the year the regime continued to hold numerous prodemocracy
    and human rights activists and several top opposition leaders (see
    Political Prisoners and Detainees). Other activists wanted by the
    regime remained in hiding or self-imposed exile.
        House arrest, a form of detention, was usually reserved for high-
    profile political prisoners.

        Amnesty.--In March the Government released a foreign human rights
    activist arrested in September 2009, convicted, and imprisoned on
    politically motivated charges. He reported mistreatment by prison
    authorities during his incarceration. On August 22, the Government
    released 170 prisoners, but none were political prisoners.

        e. Denial of Fair Public Trial.--The judiciary is not independent
    of the Government. The SPDC appoints justices to the Supreme Court,
    which in turn appoints lower-court judges with SPDC approval. These
    courts adjudicate cases under decrees promulgated by the SPDC that
    effectively have the force of law. The regime frequently directed
    verdicts in politically sensitive trials of civilians.
        Supreme Court justices and senior officials in the Office of the
    Attorney General allegedly were most often responsible for passing
    along and enforcing the orders of the military rulers.
        The Government continued to rule by decree and was not bound by any
    constitutional provisions providing for fair public trials or any other
    rights. Although remnants of the British-era legal system remain
    formally in place, the court system and its operation were seriously
    flawed, particularly in the handling of political cases. The misuse of
    blanket laws--including the Emergency Provisions Act, Unlawful
    Associations Act, Habitual Offenders Act, Electronic Transactions Law,
    Television and Video Act, and Law on Safeguarding the State from the
    Danger of Subversive Elements--as well as the manipulation of the
    courts for political ends continued to stifle peaceful dissent and
    deprive citizens of the right to a fair trial. Executive Order 5/96,
    providing for the arrest of any person deemed a threat to the National
    Convention (composed of handpicked delegates convened to draft a new
    constitution) and the ``roadmap to democracy,'' effectively suppressed
    open debate among citizens. Pervasive corruption further served to
    undermine the impartiality of the justice system.

        Trial Procedures.--The law provides for the right to a fair trial,
    but it also grants broad exceptions, in effect allowing the regime to
    violate these rights at will. In common criminal cases, the court
    generally respected some basic due process rights, whereas there was a
    fundamental lack of due process in most politically sensitive cases.
        Defendants do not enjoy a presumption of innocence. Juries are not
    used in trials. Defendants have the right to be present at their
    trials. In political cases defendants were rarely given timely access
    to an attorney. By law the Government is not obligated to provide an
    attorney at public expense except in death penalty cases. Defendants
    and their attorneys were given access to government-held evidence
    relevant to their cases only after charges were made and when the case
    was put before the court.
        Common criminal cases were open to the public. Defense attorneys in
    criminal cases generally had 15 days to prepare for trial. However,
    courts often did not notify defense attorneys in political cases of the
    trial start date, leaving them little or no time to prepare. Even when
    lawyers of political activists were allowed the 15 days to prepare
    their clients' cases, they often were not allowed to present arguments
    on the day the case was tried in court. Instead, in some instances the
    court sentenced defendants immediately upon entering the courtroom,
    without arguments. Defense attorneys could call witnesses, cross-
    examine them, and examine evidence. However, their primary function was
    not to disprove a client's guilt, which was usually a foregone
    conclusion, but rather to bargain with the judge to obtain the shortest
    possible sentence for the client.
        Political trials normally were not open to family members or the
    public. NLD members and other prodemocracy activists generally appeared
    able to retain the counsel of lawyers; however, lawyers were not always
    given the opportunity to mount a proper defense. They often were denied
    adequate access to their clients before trial, were not informed when
    trials would begin, and occasionally were not allowed to attend their
    clients' trials. Reliable reports indicated senior government
    authorities dictated verdicts in political cases, regardless of the
    evidence or the law.
        Persons complained they were not informed of the arrests of family
    members in a timely manner, not told their whereabouts, and often
    denied the right to see them and attend court hearings.
        The penal code allows the Government to render excessive sentences
    against political activists by allowing government prosecutors to
    charge detainees with multiple violations of archaic or widely ignored
    laws, such as violating currency laws, publishing materials likely to
    cause alarm, or spreading rumors. This practice could result in lengthy
    cumulative sentences. The regime often prosecuted political prisoners
    under such measures as the Emergency Provision Act, Law on Safeguarding
    the State from the Danger of Subversive Elements, Television and Video
    Act, Unlawful Associations Act, Electronic Transactions Law, and Law
    Relating to the Forming of Organizations.
        The Government routinely extended prison sentences under the Law
    Safeguarding the State from the Dangers of Subversive Elements. The
    minister of home affairs has the right to extend unilaterally a prison
    sentence by two months on six separate occasions, for a total extension
    of up to one year. SPDC Chairman Senior General Than Shwe can
    unilaterally extend or shorten a period of detention, as he did to
    reduce by half NLD leader Aung San Suu Kyi's most recent detention in
    2009.
        The law provides those convicted of crimes with the right of
    appeal, and there is a multistage appeals process; however, in most
    appeal hearings the verdicts were upheld.

        Political Prisoners and Detainees.--Human rights observers reported
    there were more than 2,100 ``security detainees,'' including political
    prisoners, violators of state security laws, and those accused of
    fostering religious disturbances. Because the Government usually
    charged political detainees with criminal offenses, it denied holding
    any political prisoners. Despite government assertions, a vast majority
    of these prisoners were not believed to have engaged in any violence,
    theft, or other common crimes.
        On January 7, Special Branch police arrested monk Ashin Uk Kong Sah
    after he launched a campaign opposing the election in Mon State. On
    September 7, he was sentenced for a total of 15 years under the
    Electronic Transactions Law, Press Act, and section 505(b) of the penal
    code (inciting public unrest).
        On January 14, three NLD members were sentenced to three years with
    hard labor under the Unlawful Associations Act for allegedly accepting
    money from an exile group located on the border with Thailand.
        In April authorities arrested 12 members of Best Manure, an
    antigovernment group formed in the wake of the September 2007 monk-led
    uprising, for distributing pamphlets that encouraged citizens to
    participate in a campaign demanding the release of Aung San Suu Kyi and
    all other political prisoners.
        In June a district court sentenced monk U Gawthita to seven years'
    imprisonment for antigovernment activities. He was accused of defaming
    the Buddhist religion (Sasana) and violating the Unlawful Associations
    Act.
        On January 21, authorities charged eight activists for their roles
    in the September 2007 monk-led uprising. Authorities arrested the eight
    men, who included four monks and a schoolteacher, in 2009 during a
    crackdown that coincided with the two-year anniversary of the event. At
    year's end the activists remained in detention, awaiting conclusion of
    their trial.
        On February 15, a township court sentenced Naw Ohn Hla, Myint Myint
    San, Ma Cho, and Cho Cho Lwin to two years in prison. Arrested in
    October 2009, they were part of the Tuesday Prayer Group, a collection
    of prodemocracy activists who visited Rangoon's Shwedagon Pagoda every
    Tuesday to pray for the release of Aung San Suu Kyi and other political
    prisoners.
        At year's end other political activists convicted in 2009 who
    remained in prison included Ashin Sandimar, Kyaw Zin Min, Wunna Nwe,
    and Zin Min Shein, all convicted of violating the Explosives Law and
    Unlawful Associations Act. Another seven--Saw Maung, Aung Moe Lwin, Moe
    Htet Nay, Tun Lin Aung, Zaw Latt, Naing Win, and Tun Lin Oo--convicted
    of violating the Unlawful Association Act, also remained in prison. Ko
    Tin Htut, sentenced to 15 years' imprisonment for carrying a poster
    calling for the release of all political prisoners, also remained
    imprisoned.
        Political activists detained in 2008 and convicted in 2009 who
    remained in prison included Bo Min Yu Ko, sentenced to 104 years' in
    prison; Kyaw Ko Ko, three years; Tin Min Htut and Nyi Pu, 15 years
    each; Ye Min Oo, Ye Myat Hein, Kyi Phyu, and Si Thu Maung, five to six
    and one-half years each; and Aung Kyaw Oo, four and one-half years.
        Also remaining in prison were members of the Generation 88 Students
    group sentenced in 2008: Min Ko Naing, Ko Ko Gyi, Kyaw Min Yu, Mya Aye,
    Aung Thu, Min Zeya, Myo Aung Naing, Nilar Thein, Zeya, Kyaw Kyaw Htwe
    (Markee), Panneik Tun, and Zaw Zaw Min, each sentenced to 65 years'
    imprisonment; and Tin Htoo Aung, sentenced to 33 years.
        Zaw Thet Htwe, sentenced in 2008 to 19 years under the Electronic
    Transactions Law, continued to serve his prison term, reduced to 15
    years on appeal. Monk U Gambira, sentenced in 2008 to 68 years'
    imprisonment, also remained in prison.
        Human rights activists Myo Min, sentenced to eight years for
    illegally crossing the border and violating the Unlawful Associations
    Act, and Myint Aye, sentenced to 28 years for conspiracy to commit
    bombings, continued to serve their prison terms following their
    convictions in 2008.
        Myanmar Development Committee leader Htin Kyaw, sentenced in 2008
    to 12 years' imprisonment, and human rights activists Aung Zaw Oo and
    Win Maw, sentenced in 2008 to 12 years and two years, respectively,
    remained in prison. Authorities subsequently charged Win Maw with
    breaching the Electronic Transactions Law, which could lead to an
    additional sentence of seven to 15 years. He remained in prison at
    year's end.
        Aung Htun was in Maubin prison, and Aung Kyaw San was in Maisat
    prison; the whereabouts of both were previously unknown. The
    whereabouts of Myat Thu remained unknown; human rights observers
    believed he continued to be detained without charge. The three were
    detained in 2007-08.
        In January authorities released lawyer Pho Phyu, arrested in 2009
    for reporting labor rights violations to the International Labor
    Organization (ILO) on behalf of a group of farmers. On February 13,
    authorities released NLD Vice Chairman U Tin Oo, imprisoned or under
    house arrest since the 2003 Depeyin incident.
        On November 13, the Government released Aung San Suu Kyi, general
    secretary of the NLD, from house arrest. In August 2009 she was
    convicted on charges of violating the terms of her house arrest and
    remained confined for an additional 18 months. She had been jailed or
    under house arrest for more than 15 of the last 21 years.

        Civil Judicial Procedures and Remedies.--Civil judicial procedures
    and remedies existed in principle, but in practice there was no
    assurance a complainant would receive a fair hearing.

        f. Arbitrary Interference With Privacy, Family, Home, or
    Correspondence.--The Land Acquisition Act protects the privacy and
    security of the home and property. There were no laws protecting
    correspondence or other communications of citizens. Through its
    intelligence network and administrative procedures, the Government
    systematically monitored the travel of citizens and closely monitored
    the activities of those known to be active politically.
        Forced entry without a court order is illegal, but the Government
    generally did not respect this law.
        The law requires that persons who intend to spend the night at a
    place other than their registered domicile must inform local Peace and
    Development Council authorities in advance. Any household that hosts a
    person not domiciled there must maintain a guest list and submit it to
    authorities. Ward-level officials continued unannounced nighttime
    checks of residences for unregistered visitors. In contrast with 2009,
    there were no reports that the Government required family photographs.
    Previously, authorities in Rangoon Division sporadically required
    households to have ``family photographs'' taken for government agents
    to use when conducting nighttime checks of residences.
        Security personnel regularly screened private correspondence,
    telephone calls, and e-mail.
        The Government continued to control and monitor closely the
    licensing and procurement of all two-way electronic communication
    devices. Possession of an unregistered telephone, fax machine, or
    computer modem is punishable by imprisonment. Users of unregistered
    cordless telephones face up to three years in prison and a heavy fine.
    Use of unregistered radios is also punishable by a fine and
    imprisonment.
        Activists and politicians reported that authorities routinely
    monitored their movements.
        The Government reportedly continued its practice of conscripting
    members of ethnic minorities for service as military porters in Bago
    Division and in Chin, Karen, Kachin, Kayah, Rakhine, and Shan states
    (see section 1.g.).
        Government employees generally were prohibited from joining or
    supporting political parties; however, this proscription was applied
    selectively. The Government defines civil servants as employees at or
    below the director general and managing director levels; according to
    government claims, ministers are not considered civil servants. In
    April the Government's mass mobilization organization--the Union
    Solidarity and Development Association (USDA)--was transformed into a
    political party, the Union Solidarity and Development Party (USDP), to
    contest the November 7 elections. Many of the Government's top leaders,
    including the prime minister, maintained high-level roles in the USDP.
    A number of reports indicated that the USDP, and its predecessor USDA,
    used coercion to compel citizens to join or support the party; state-
    sector employees were the most susceptible to such pressure.
        Although students are not prohibited from joining a party, the
    Government reportedly discouraged students from participating in
    politics.
        The law does not permit private ownership of land; the Government
    can confiscate the land of individuals at any time. Weak private
    property rights and poor land ownership records facilitated involuntary
    relocations of persons by the Government, especially in rural areas.
        In early February authorities ordered approximately 270 Rangoon
    households, whom it claimed were illegal squatters, to move so the
    houses could be demolished. Police detained U Tun Yi, a resident
    affected by the removal, who submitted a letter to request that
    authorities stop the demolition. Police released him at the end of
    February.
        On May 30, the local government ordered 1,000 civilians from
    Myitkyina and Waingmaw townships to move from the vicinity of the
    Myitsone dam project site in Kachin State. Several protested the forced
    relocation and then fled to the border with China when the regime
    threatened to arrest them.
        There were some reports of forced relocations and demands for
    forced labor to build infrastructure. While more frequent in rural
    areas, reports of forced relocation in urban areas also existed. There
    were numerous reports government troops looted and confiscated property
    and possessions from forcibly relocated persons or persons who were
    away from their homes. The practice was more prevalent in Shan, Kayah,
    and Karen states and in areas of Mon State and Bago Division. The
    Government made no attempts to punish offenders or compensate victims
    for their losses (see also section 2.d.).
        The Government routinely confiscated food, cash, and other property
    from civilians. Military personnel routinely confiscated livestock,
    fuel, food supplies, money, and other items. Such abuses were
    widespread.
        Marriages between female citizens and foreigners are banned, and
    the Government ordered local attorneys not to be witnesses to such
    marriages; however, the ban was not widely enforced.
        The Government punished family members for alleged violations by
    individuals.

        g. Use of Excessive Force and Other Abuses in Internal Conflicts.--
    Ethnic insurgent groups continued to battle the Government for autonomy
    or independence, including the Shan State Army-South; the Karenni
    National Progressive Party; and the Karen National Union (KNU), through
    its armed wing, the Karen National Liberation Army (KNLA). Heavy
    fighting between the Government army and a breakaway faction of the
    Democratic Karen Buddhist Army (DKBA) broke out on the border with
    Thailand on November 8. In ethnic minority regions, military personnel
    reportedly killed and raped civilians, shelled villages and burned
    homes, destroyed food and seized possessions, confiscated land, forced
    villagers to work on infrastructure projects, and demanded villagers
    provide food and construction materials for military camps.
    International NGOs reported similar abuses in Chin State. One NGO also
    reported that the Government restricted humanitarian access to the
    state and forced farmers to grow jatropha (physic nuts, an inedible
    castor oil crop) instead of food crops.
        The Government continued to pressure cease-fire and armed rebel
    groups to join the Government army-dominated Border Guard Force.
    Tensions remained high, with some cease-fire groups reportedly
    concerned the army could undertake military action to compel them to
    join the border force; several small cease-fire groups subsequently
    agreed to join.

        Killings.--On January 17, two villagers died when two government
    soldiers, targeting what they believed to be a Karen National
    Liberation Army stronghold, allegedly burned 13 houses in eastern Bago
    Division.
        On April 19, 15 unknown assailants beat to death a Catholic priest
    in Pekhone Township, Kayah State, reportedly due to tension between the
    Government army and the Catholic Church regarding land confiscated in
    2006.
        On May 16, government army soldiers reportedly killed 15-year-old
    Tin Min Naing in Bago Division after he fled a group of soldiers when
    faced with their demand that he join the army.
        In early December government army soldiers reportedly entered a
    KNU/KNLA Peace Council (KPC) camp near Myawaddy in Karen State, shot
    one soldier, and took six others as prisoners. On December 8, villagers
    found the mutilated bodies of the six prisoners and claimed they had
    been tortured before being killed. The KPC, which is distinct from the
    KNU, signed a cease-fire agreement with the Government in 2007.
        There were no developments in the June 2009 incident in which
    government army soldiers from Light Infantry Battalion 205 in Hpa An
    District reportedly raped and killed two Karen girls.
        There were no reported developments regarding the Government army's
    forcible relocation in August 2009 of hundreds of villagers in three
    townships in Shan State. During the forced relocation, authorities
    reportedly beat and killed villagers; others sought safety by hiding in
    the jungle.
        There were no reported developments in the September 2009 incident
    in which police officers in Shan State reportedly raped and killed a
    14-year-old girl and allegedly arrested, detained, and tortured seven
    persons, including some of those who found her body. Police allegedly
    threatened the victims' relatives to prevent the perpetrators from
    being tried.
        According to the most recent data available, up to 100 persons were
    killed and 500 injured by land mines during the year.
        In 2008 there were unverified reports of deaths and injuries caused
    by security forces using civilians to clear land mines, particularly in
    Karen State, where the army continued attacks against ethnic villages.
    UN Special Rapporteur on Human Rights for Burma Tomas Ojea Quintana
    cited similar reports in his March 10 report on the country.

        Disappearance.--There were reports of disappearances during
    government army attacks in Shan and Karen states. Observers believed
    that many persons were killed and others fled to the border.

        Physical Abuse, Punishment, and Torture.--The Thailand-based Karen
    Women's Organization documented approximately 4,000 cases of abuse
    against women in Karen State over the past few years. The abuses
    included rape, killings, torture, and forced labor in more than 190
    villages by government troops from more than 40 army battalions.
        NGOs and international organizations continued to report numerous
    sexual assaults by soldiers throughout the rest of the country.
        In contrast with 2009, during the year the Government army in Chin
    State reportedly stopped the practice of forcing villagers to construct
    fences in an army camp and transport army supplies.
        There were no reports the Government investigated or otherwise
    attempted to identify and punish those responsible for numerous acts of
    killing, injury, and destruction committed against Karen or other
    ethnic communities.

        Child Soldiers.--The Government army continued to recruit and use
    child soldiers. The minimum age of enlistment in the army is 18 years,
    and the Government's official policy is to avoid conscripting child
    soldiers; however, it did not deny their existence. Informal recruiting
    targeted vulnerable children. Authorities routinely falsified the
    enlistment papers of those under age 18. According to the Office of the
    UN High Commissioner for Refugees (UNHCR), the army recruited children
    as young as 10 years old. Credible sources indicated the number of
    child soldiers may have risen to 12,000, although accurate statistics
    were difficult to obtain.
        During the year exile media reported that the military forcibly
    enlisted children as young as 14 into the army in Mon and Rakhine
    states and Bago and Irrawaddy divisions. According to media reports,
    the South East Command paid brokers 200,000 kyat ($200) for each child
    soldier they conscripted. Other children were kidnapped.
        The ILO and the UN Children's Fund were the only international
    bodies in the country with a mandate to address the problem of child
    soldiers. The ILO reported there were 201 complaints of cases of child-
    soldier recruitment during the year. The Government cooperated with the
    ILO to return 73 underage recruits--40 from complaints received in the
    year and 33 from 2009 cases. There were no reports of harassment of
    persons who complained about child-soldier cases.
        By year's end the ILO had received 331 complaints of underage
    recruitment since it began monitoring the problem in 2007. In response
    the military discharged 142 underage recruits and returned them to
    their families; 120 other cases were in process towards discharge.
    According to the ILO, commercial brokers or military personnel abducted
    the majority of recruits. The ILO reported that the Ministry of Home
    Affairs generally responded favorably once the ILO filed a complaint on
    behalf of a family member. The Government occasionally investigated and
    at times prosecuted the soldiers and brokers involved. In 2009 an army
    captain received a one-year sentence to a civilian prison and dismissal
    from the army for his role in child soldier recruitment; however, most
    military perpetrators, if punished at all, received one to three months
    in a military prison with hard labor, loss of 12 months' seniority for
    pension and promotion rights, salary deductions, and a reprimand. The
    chances of sanction of any type remained limited if the perpetrator was
    in the military. The number of child soldiers recruited likely far
    outnumbered the ones released. There were no reports of prosecutions
    against identified civilian brokers.
        Ethnic militias denied the existence of child soldiers in their
    ranks, although their existence was widely reported.
        According Human Rights Watch, government forces and various armed
    insurgent groups continued widespread and systematic forced recruitment
    of child soldiers.
        Also see the Department of State's annual Trafficking in Persons
    Report at www.state.gov/g/tip.

        Other Conflict-Related Abuses.--In Shan and Karen states, military
    forces displaced civilians from their traditional villages--which often
    were burned to the ground--and moved them into settlements tightly
    controlled by government troops in strategic areas. In other cases
    villagers driven from their homes fled into the forest, frequently in
    heavily mined areas, without adequate food, security, or basic medical
    care.
        Between July 18 and 20, according to a human rights group, more
    than 1,000 Karen residents from 10 villages were displaced as
    government troops mounted offensives against the Karen National
    Liberation Army.
        On July 23, the Government army attacked with mortars and then
    burned 50 homes, a school, and a church in Tha Dah Der, a Christian
    village in northern Karen State. More than 600 villagers fled into the
    jungle on the border with Thailand; only 350 had returned at year's
    end. In addition 300 persons from two neighboring villages--Tha Kaw To
    Baw and Ti Mu Der--also fled. According to observers, all persons from
    the two latter villages returned to their homes, which were not
    attacked.
        On November 8, fighting between the Government army and a breakaway
    faction of the DKBA near Myawaddy in Karen State forced thousands of
    civilians to flee their homes. According to some reports, more than
    20,000 refugees crossed the border into Thailand, although sources
    indicated that most returned to their homes shortly thereafter.
    Fighting continued sporadically through year's end.
        Forced relocations generated large migrations to neighboring
    countries or to parts of the country not controlled by the Government
    (see section 2.d.).
    Section 2. Respect for Civil Liberties, Including:

        a. Freedom of Speech and Press.--The Government severely and
    systematically restricted freedom of speech and press. Authorities
    arrested, detained, convicted, and imprisoned citizens for expressing
    political opinions critical of the Government and for distributing or
    possessing publications in which opposition opinions were expressed.
    Security services also monitored and harassed persons believed to hold
    antigovernment opinions.
        On March 17, the SPDC announced that political parties must seek
    government approval before publishing party materials or broadcasting
    any programs. The same directive subjected electoral publications to
    the 1962 Printers and Publishers Registration Act, under which
    disseminating information that criticizes the Government or disturbs
    the peace is punishable by up to seven years in prison.
        On April 17, authorities arrested and reportedly tortured during
    interrogation former political prisoner Maung Zeya and his son, Sithu
    Zeya, for taking photographs at the sites where three bombs exploded
    during the annual Thingyan water festival. The court initially
    sentenced each to two years in prison, although additional charges were
    pending. Authorities sentenced Sithu Zeya to an additional eight years
    on December 21.
        Privately owned media existed, but the Government's Press Scrutiny
    and Registration Division tightly controlled all media and publications
    and took action against any attempt to provide independent
    interpretation or comment on news. The Ministry of Information issued
    licenses to private media publishers as long as the media printed
    government-approved material. The Press Scrutiny Board suspended the
    licenses of newspapers that printed items it deemed objectionable.
    Government agents or supporters held an estimated one-third of private
    media licenses.
        Government scrutiny of the press increased after officials
    announced that elections would be held on November 7. In June the
    Government-controlled Union Election Commission (UEC) released
    guidelines prohibiting political party publication of anything that
    criticized the military, government, or civil service personnel. That
    same month the editor of a local weekly journal complained the censor
    board cut information about the visit of foreign government officials.
    Also in June another journal cancelled publication of an issue after
    suffering heavy cuts by the censorship board, which approved only four
    of the 20 pages it submitted.
        In July the censor board suspended the weekly newspaper The Voice
    for two weeks for publishing an article that allegedly ``misquoted''
    provisions of the 2008 constitution. Soon thereafter the censor board
    issued a directive to newspapers calling for the ``correct and complete
    quoting of the constitution, electoral laws, and its rules.'' In a
    separate incident, another journal, Flower News Weekly, dropped a legal
    issues section of the newspaper and issued a ``correction'' after being
    pressured by authorities.
        The Government continued to use force or intimidation to prohibit
    all public speech or planned events critical of the regime by all
    persons. The Government pursued this policy consistently with few
    exceptions.
        In contrast with 2009, the Government did not ban ceremonies
    commemorating Human Rights Day. However, human rights activists
    reported that local authorities sought reprisal against the owner of a
    teashop who hosted a ceremony at his home in Pyay.
        The law prohibits the publication or distribution of any printed
    material without obtaining prior approval from the Government. The
    Government controlled content in all print publications, and it owned
    and controlled all domestic radio and television broadcasting
    facilities. The official print and broadcast media were propaganda
    organs of the Government and did not report opposing views except to
    criticize them. The Ministry of Information's Press Scrutiny and
    Registration Division censored all private publications, including
    books. The censorship process for books can take several months or
    several years.
        Reporters were subject to arrest, harassment, intimidation, and
    violence by the authorities and supporters of the regime.
        On January 29, the Rangoon Special Court at Insein Prison sentenced
    reporter Ngwe Soe Lin to 13 years' imprisonment for attempting to
    smuggle information to the exile media.
        Twelve persons, including staff members from The Voice, Foreign
    Affairs, Pyi Myanmar, and Kandarawaddy journals, were arrested in
    October 2009 but were released approximately one month later.
        At year's end approximately 40 journalists were in prison, some
    serving sentences of up to 35 years. Freelance journalist Zaw Tun,
    sentenced to two years in prison in June 2009 for allegedly obstructing
    the work of an official, remained in prison. Sein Win Maung, office
    manager of Myanmar Nation magazine convicted in 2008 for violating the
    Printers and Publishers Act, continued serving a seven-year sentence.
    Myat Swe and his father, Thein Swe, co-owners of the English- and
    Burmese-language weekly newspaper Myanmar Times, reportedly remained in
    prison.
        Poet Saw Wai, arrested in 2008, was freed on May 26.
        The media practiced self-censorship due to fear of government
    reprisal. Publications generally did not report on sensitive economic
    and political topics or local tragedies if they might give a poor
    impression of governance.
        Imported publications remained subject to predistribution
    censorship by state censorship boards, and possession or distribution
    of publications not approved by the censorship boards was a serious
    offense. The Government also restricted the importation of foreign news
    periodicals.
        A few foreign news agencies were present but, except for some
    Chinese, had no expatriates based in the country. Foreign news agency
    bureau chiefs were rarely permitted to enter on journalist visas.
        In March police arrested and expelled a CNN reporter shortly after
    he arrived in Nay Pyi Taw to cover the annual Armed Forces Day
    celebration. Officials gave no explanation. The reporter had previously
    been deported while he was in the country reporting on Cyclone Nargis
    in 2008.
        Due to widespread poverty, limited literacy, and poor
    infrastructure, radio and television remained the primary media of mass
    communication. News periodicals rarely circulated outside of urban
    areas. The Government and government cronies continued to monopolize
    and control the content of the seven privately owned FM radio stations
    and one government-run shortwave radio station. Foreign radio
    broadcasts, such as those of Radio Free Asia, Voice of America, the
    BBC, and Democratic Voice of Burma, remained the principal sources of
    uncensored information.
        The Government continued to monopolize and control all domestic
    television broadcasting. It offered five public channels--four
    controlled by the Ministry of Information (MRTV, MRTV-3, MRTV-4, and
    Myanmar International) and one controlled by the armed forces
    (Myawaddy). The general population was allowed to register satellite
    television receivers for a fee, although it remained far too expensive
    for the majority of persons.
        The 1996 Television and Video Act makes it a criminal offense--
    punishable by up to three years in prison--to publish, distribute, or
    possess a videotape not approved by a state censorship board. The
    Government continued to crack down on uncensored foreign videotapes and
    digital videodiscs, although pirated copies remained widely available
    on the street.

        Internet Freedom.--No laws or regulations exist regarding
    monitoring Internet communications or establishing penalties for the
    exercise of freedom of expression via the Internet. However, the
    Government monitored Internet communications and blocked Web sites so
    individuals could not freely engage in such activities. The Electronic
    Transactions Law prohibits Internet users from posting information that
    may undermine the interests and security of the state.
        The Government increased its control of the Internet in advance of
    the November elections. There were reports the Government sought to
    centralize network management in Yadanabon Cyber City (Mandalay Region)
    to make it easier for authorities to monitor electronic communications.
    Some domestic Internet service providers reportedly obtained censorship
    and surveillance equipment. There were also reports that government
    authorities pressured private Internet cafe owners in Rangoon to
    install closed-circuit television cameras and increase staffing to
    monitor patrons and Internet usage. Authorities reportedly claimed
    these new measures were enacted in response to several thwarted bomb
    attacks at Internet cafes in November, although the Government provided
    no evidence of such planned attacks.
        Internet access and usage was extremely limited, due to government
    restrictions and lack of infrastructure. According to the International
    Telecommunication Union, in 2008 0.2 percent of inhabitants used the
    Internet, mostly in cybercafes in cities.
        Authorities frequently blocked access to Web sites attracting many
    users or to large attachments related to political issues. E-mail
    messages sometimes took several days to arrive in a receiver's inbox,
    often with attachments deleted. Citizens believed this was due to the
    regime's censorship of e-mail.
        The Government banned most Web sites critical of the regime and its
    activities. Authorities also blocked access to some popular, free e-
    mail services, social networking sites, and blogs as well as to other
    Internet messaging services.
        The Government attempted to block most Web sites containing words
    it considered suspicious, such as Burma, drugs, military government,
    democracy, student movement, 8888, and human rights. Users could
    sometimes reach the home pages of Democratic Voice of Burma and BBC's
    Burma service, but they could not access most articles on the sites.
    Occasionally the Government mistakenly blocked educational or other
    sites when its software detected censored words.
        While the Government rarely charged persons explicitly for
    expressing political, religious, or dissenting views in electronic
    forums, including e-mail, it often charged persons suspected of such
    activities with other crimes.
        On January 7, a court found Win Naing Kyaw, a former military
    officer, guilty of violating the Electronic Transactions Law. He was
    allegedly involved in leaking photographs of a ranking government
    official's visit to North Korea to a Web site run by Burmese
    journalists living in exile.
        Nay Phone Latt (Nay Myo Kyaw), Internet blogger and owner of three
    Internet cafes sentenced in 2008 to 20 years and six months, remained
    in prison.

        Academic Freedom and Cultural Events.--The Government restricted
    academic freedom. University teachers and professors, most of them
    state employees, were subject to the same restrictions on freedom of
    speech, political activities, and publications as other state
    employees. Teachers could not discuss politics at work, join or support
    political parties, or engage in political activity, and they had to
    obtain advance approval for meetings with foreigners. The Government
    closely monitored curricula and censored course content. Like all other
    state employees, professors and teachers were required to join the
    USDA. However, election laws released during the year prohibited
    government employees, including teachers, from joining political
    parties. While these government employees did not join the political
    party successor of the USDA, the USDP, the Government still pressured
    them to vote for USDP candidates. Foreigners were not permitted to
    visit university campuses without prior approval or attend any meetings
    involving students, including graduation ceremonies.
        To limit the possibility of student unrest, some years ago the
    Government placed undergraduate campuses in remote areas, warned
    teachers and students that disturbances would be dealt with severely,
    and kept most on-campus dormitories closed. Many students opted to use
    self-study or private tutoring.
        The Government tightly controlled the limited number of private
    academic institutions and their curricula. Similar controls extended to
    Buddhist monastery-based schools, Christian seminaries, and Muslim
    madrassahs. In contrast with 2009, there were no reports that the
    Government suppressed private tutoring.
        The Government monitored most cultural events.

        b. Freedom of Peaceful Assembly and Association.--Freedom of
    Assembly.--The law limits freedom of assembly, and the Government
    severely restricted it in practice. A long-standing ordinance
    officially prohibits unauthorized outdoor assemblies of more than five
    persons, although it was not enforced consistently.
        The regime and its supporters routinely used intimidation,
    violence, and the power of arrest to disrupt peaceful demonstrations
    and meetings.

        Freedom of Association.--The Association Law provides for citizens
    to form associations and organizations; however, the Government
    restricted freedom of association, particularly for prodemocracy
    supporters and those who contacted exile groups or individuals thought
    to be associated with groups in exile. A statute prohibits associating
    with any organization that the head of state declares to be unlawful.
        Freedom of association generally existed only for government-
    approved organizations, including trade associations, professional
    bodies, and the USDP. Few secular, nonprofit organizations existed, and
    those that did took special care to act in accordance with government
    policy. Forty-seven political parties applied for permission to form
    and register under the Government's highly restrictive electoral laws
    issued in March; the Government ultimately granted permission to 37.
    The Government failed to consider the applications of three parties
    (all ethnic Kachin) and announced the dissolution of 10 parties,
    including the NLD, which refused on principle to register under the
    election laws. The NLD maintained its right to exist as a political
    party because it was registered under previous electoral legislation;
    it filed a suit against the Government for illegally applying electoral
    legislation retroactively to deregister the party. In November the
    Supreme Court declined to admit the party's appeal of its
    deregistration; the NLD stated it would pursue one final level of
    appeal. Authorities and the Government's election commission ensured
    strict control over the activities of newly registered political
    parties.

        c. Freedom of Religion.--For a complete description of religious
    freedom, please see the 2010 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.--There are no laws explicitly
    protecting freedom of movement within the country, foreign travel,
    emigration, and repatriation. However, there are regional- and local-
    level orders, directives, and instructions restricting freedom of
    movement. The Government did not fully cooperate with the UNHCR and
    other humanitarian organizations in providing protection and assistance
    to internally displaced persons, refugees, returning refugees, asylum
    seekers, stateless persons, and other persons of concern.
        Although the Government restricted freedom of movement, most
    citizens were able to travel within the country. However, authorities
    closely monitored the movements of some opposition party members.
    Ethnic minority areas previously affected by conflict continued to
    experience strict controls on personal movement, including frequent
    military checkpoints and monitoring by military intelligence.
        The Government restricted the ability of internally displaced
    persons, refugees, and stateless persons to move. In particular the
    Government tightly controlled the movement of Muslim Rohingya,
    especially in Buthidaung, Kyauktaw, Maungdaw, and Rathedaung townships
    along the border with Bangladesh. Muslim youths from Rakhine State
    accepted for admission to universities and medical schools outside the
    state were unable to enroll due to travel restrictions imposed on them.
    The Government also required other noncitizens, primarily ethnic South
    Asians and Chinese, to obtain prior permission to travel internally.
    Nonetheless, the country's borders with China, Thailand, Bangladesh,
    and India remained very porous, with significant undocumented migration
    and commercial travel.
        An ordinary citizen needed a passport from the Ministry of Home
    Affairs and a departure form from the Ministry of Immigration and
    Population to travel outside the country. To address the problem of
    trafficking in persons, the Government continued to hinder or restrict
    international travel for women, particularly those less than 25 years
    of age.
        Although there is no law explicitly restricting the foreign travel
    of citizens, the Government carefully scrutinized prospective travel
    abroad of all passport holders. Rigorous control of passport and exit
    visa issuance perpetuated rampant corruption, as applicants were
    sometimes forced to pay bribes of up to 400,000 kyat ($400).
        The Government regularly declined to issue passports to former
    political prisoners, activists, and some local staff of foreign
    embassies. College graduates who obtain a passport (except for certain
    government employees) are required to reimburse the Government for the
    cost of their education. It frequently took several months to receive a
    passport, particularly if the applicant was unwilling to offer a bribe
    as incentive for speedier service.
        The Government permitted foreign diplomats and foreign UN employees
    based in Rangoon to travel outside of Rangoon to designated tourist
    sites without prior permission but with prior notice; all other travel
    required advance permission and was sometimes denied.
        According to the UNHCR in Rangoon, approximately 120,000 Burmese
    refugees lived in camps in Thailand. The regime allowed the UNHCR
    limited access to monitor the potential areas of return to assess
    conditions for the voluntary return of the refugees and internally
    displaced persons, leading UNHCR officials to determine that conditions
    remained unsuitable for their return.
        Approximately 21,000 Rohingya lived as legally registered refugees
    in camps in southeastern Bangladesh, and some NGOs estimated as many as
    500,000 others, who were not registered by either Burmese or
    Bangladeshi authorities, lived outside the camps and in the border
    area. Neither Bangladesh nor Burma claimed the stateless Rohingya
    refugees as citizens.
        There are no provisions for forced exile or restrictions on
    emigration. In general citizens who emigrated legally were allowed to
    return to visit relatives, and some who lived abroad illegally and
    acquired foreign citizenship also were able to return. The Government
    often revoked passports for political reasons.

        Internally Displaced Persons (IDPs).--According to the UNHCR, there
    were at least 451,000 IDPs in the country as of December, although
    accurate figures were difficult to determine due to poor access to
    affected areas. According to several international organizations, there
    were believed to be several million IDPs, but exact estimates were
    impossible due to lack of international access to certain areas of the
    country. Most international attention continued to focus on the eastern
    region, where conflict and repressive government policies displaced
    hundreds of thousands in the past decade within partial reach of
    international assistance, according to international relief and
    monitoring organizations. The UNHCR estimated there were 450,000 IDPs
    throughout the country at year's end. The Thai-Burma Border Consortium
    estimated at least 470,000 IDPs in the east, of whom 231,000 were in
    temporary settlements in areas administered by ethnic nationalities,
    111,000 were in hiding in remote areas, and 128,000 had followed SPDC
    eviction orders and moved to designated relocation sites. The Karen,
    Shan, Rohingya, and Kayah were the most affected groups. The main
    causes of internal displacement were army offensives against ethnic
    opposition groups, forced relocation and labor, and recruitment of
    child soldiers. The Government provided little or no protection or
    assistance to IDPs, many of whom were forcibly resettled under
    dangerous conditions. Authorities denied humanitarian organizations
    access to many IDPs in eastern regions along the Thai border on
    security grounds. IDPs in these areas regularly suffered hardships as a
    result of fighting between government army and insurgent groups,
    according to credible observers along the border. In addition both
    government army and insurgent groups frequently raped female IDPs,
    according to these observers. Karen IDPs in these areas have remained
    displaced for a number of years.
        According to NGOs, internal conflict in Karen State displaced more
    than 20,000 persons during the year. Heavy fighting broke out near
    Myawaddy on November 8 and continued sporadically at year's end.
    Persons in the area reported that many individuals crossed the border
    into Thailand daily but returned to their homes at night when fighting
    calmed down (see section 1.g.).
        The UN estimated that more than 100,000 persons remained homeless
    after Cyclone Giri struck Rakhine State in September. The UN Human
    Settlements Program reported in June that more than 100,000 families in
    the Irrawaddy Delta remained without adequate shelter following Cyclone
    Nargis in 2008.

        Protection of Refugees.--The country is not a party to the 1951
    Convention relating to the Status of Refugees or its 1967 protocol. The
    law does not provide for the granting of asylum or refugee status, and
    the Government did not grant such status. The Government has not
    established a system for providing protection to refugees. In practice
    the Government did not provide protection against expulsion or return
    of refugees to countries where their lives or freedom would be
    threatened on account of their race, religion, nationality, membership
    in a particular social group, or political opinion.
        The UNHCR continued to negotiate for permission to work with what
    the Government termed ``communities that are affected by
    displacement.'' Despite the 2007 expiration of the memorandum of
    understanding (MOU) between the Government and the UNHCR, the
    Government continued to allow the UNHCR to provide humanitarian
    assistance to Rohingya in northern Rakhine State, whom the Government
    does not recognize as citizens.
        A separate MOU permitted the UNHCR to work with implementing
    partners in the southeast region, including parts of Karen and Mon
    states and Tanintharyi Division. Under the MOU, authorities permitted
    UNHCR foreign personnel to monitor their project activities in the
    region.

        Stateless Persons.--Citizenship is granted to anyone whose parents
    are both nationals of the country as prescribed by law. In practice the
    Government did not implement laws and policies to provide stateless
    persons the opportunity to gain nationality on a nondiscriminatory
    basis.
        There are 135 officially recognized ``national races'' who qualify
    for citizenship. Some members of native-born but so-called
    nonindigenous ethnic populations, such as Chinese, Indians, Bengalis,
    some Eurasians, and the country's Rohingya population, are not included
    in the list and are denied the full benefits of citizenship based on
    their nonindigenous ancestry. Of these, the Muslim Rohingya fared the
    worst, with nearly all Rohingya denied any benefits of citizenship.
        According to the UNHCR, there were approximately 724,000 legally
    stateless persons, mostly Rohingya, residing in northern Rakhine State
    near the border with Bangladesh. The Government does not recognize the
    existence of the Rohingya ethnicity and claims the Muslim residents of
    northern Rakhine State are the descendents of illegal immigrants from
    Bangladesh who moved into the country during British colonial rule. The
    Government consistently denied citizenship to most Rohingya on the
    grounds their ancestors did not reside in the country for one year
    prior to the start of British colonial rule in 1824, as required by the
    highly restrictive citizenship law. Only Rohingya who were able to
    prove long familial links to the country were eligible to apply for
    naturalization.
        Rohingya experienced severe legal, economic, and social
    discrimination. The Government required them to receive prior approval
    for travel outside their village tract of residence, limited their
    access to higher education, and prohibited them from working as civil
    servants, including as doctors, nurses, or teachers. Authorities
    required Rohingya to obtain official permission for marriages.
        The Government claimed it continued a program originally supported
    by the UNHCR to issue Temporary Registration Cards (TRCs) to stateless
    persons in Rakhine State. However, for years the UNHCR has not been
    able to obtain statistics from the Government on the issuance of TRCs
    in northern Rakhine State, where the majority of Rohingya live.
        In previous years Rohingya without temporary identification cards
    did not have the right to vote in the constitutional referendum.
    However, in late July and August organizers of the progovernment USDP
    and ward authorities in various parts of the country reportedly offered
    national registration cards (NRCs) to individuals in exchange for
    joining the USDP. The Government requires citizens over the age of 18
    to produce NRCs when they travel, enroll in universities, and vote.
    There also were reports that Deputy Minister for Home Affairs (MOHA)
    Brigadier General Phone Swe (retired) went to Rakhine State in July to
    issue citizenship scrutiny cards (CSCs), which serve a similar role as
    NRCs in that they prove citizenship and allow access to services, to
    Muslims who agreed to join the USDP. However, after some Muslims joined
    the USDP, MOHA reportedly reneged, instead issuing a TRC, which does
    not serve as proof of citizenship. To get the more useful CSC,
    authorities reportedly told Muslims they must pay a bribe of up to
    250,000 kyat ($250) to local immigration authorities.
    Section 3. Respect for Political Rights: The Right of Citizens to
            Change Their Government
        The regime continued its systematic use of coercion and
    intimidation to deny citizens the right to change their government. The
    regime continued to prevent the parliament elected in 1990 from
    convening.
        The 2008 constitution--not yet in force at year's end--provides for
    popularly elected legislators to a bicameral parliament; however, it
    stipulates that at least 25 percent of the seats must be reserved for
    military members appointed by the uniformed commander in chief of
    Defense Services. It also bars many persons from office who had not
    resided in the country for at least 10 consecutive years prior to
    election, had prior misconduct the regime deemed disqualifying,
    accepted assistance from a foreign government, or were entitled to
    citizenship of a foreign nation. Additionally, by the constitution's
    own terms, the SPDC will continue to ``exercise state sovereignty''
    until the parliament is convened, which was scheduled for January 31,
    2011.
        Since 1962 active-duty military officers have occupied the most
    important positions in the central government and in local governments,
    and the regime placed active-duty or retired military officers in
    senior-level positions in almost every ministry. Active-duty or retired
    military officers occupied 30 of 33 ministerial-level posts, including
    prime minister and the mayoral posts in Rangoon, Mandalay, and the
    administrative capital Nay Pyi Taw.
        In April and August, senior-level military officers, including all
    supraregional and regional commanders, reportedly retired from the
    military to prepare to contest the November 7 elections. The prime
    minister, who previously held the rank of general in the army, and
    others retained their cabinet positions. In late August there was a
    massive reshuffle of top military positions. Many senior generals
    retired from the military, with other generals assuming those commands.
    Than Shwe and some others remained on active duty in the military and
    retained their senior government positions.

        Elections and Political Participation.--The country held its first
    election in 20 years on November 7. Electoral laws, published on March
    8, are based on the flawed 2008 constitution. Under the laws political
    parties were required to compete under highly restrictive conditions
    that limited campaign activities, imposed relatively high candidate
    fees, and gave unusually broad powers to a government-appointed UEC to
    control the activities of political parties and their members.
        In early August the UEC announced there would be 330 township-based
    constituencies of the lower house (People's Parliament), 168
    constituencies of the upper house (National Parliament), and 665
    constituencies of the regional/state parliaments. One-quarter of all
    national and regional parliamentary seats were reserved for military
    appointees. All levels of parliament were scheduled to convene on
    January 31, 2011. A joint session of the upper and lower houses--the
    Union Assembly--was to convene within 15 days of that date. In addition
    the upper and lower houses each were to select a vice president, the
    military members of both the upper and lower houses would select a
    third vice president, and the entire bicameral parliament would select
    the president from among the three vice presidents. The constitution
    provides for the military to take over the Government should the
    president, who must have a military background, judge the security
    situation to be unstable.
        After announcing the election date, the Government gave registered
    political parties approximately two weeks' notice to submit names of
    their candidates. Many political parties complained that the
    Government's short notice did not provide them sufficient time to find
    candidates and identify constituencies in which they would contest
    seats.
        Individual members of some prodemocratic opposition parties used
    their own money to conduct campaign activities because restrictive laws
    made it difficult for candidates to raise money legally. The
    registration fee of 500,000 kyat ($500) per candidate was well above
    the means of the average citizen.
        The leader of one prodemocracy opposition party resigned in protest
    because he believed the elections would not be free and fair. Other
    parties, including the NLD, opted not to participate in the elections
    from the beginning. Parties accused the UEC of forwarding their party
    membership lists to SB police, who then visited party members at their
    homes on instruction from high-level SPDC officials. The SB reportedly
    requested members' biographies and two passport-size photographs.
        The UEC did not approve the registration of three ethnic Kachin
    political parties, reportedly because of past ties to the Kachin
    Independence Army cease-fire group, which had refused to integrate into
    the Government army-dominated Border Guard Force. In September the UEC
    announced elections would not be held in some ethnic areas, reportedly
    because of tensions over Border Guard Force problems.
        The Government-backed USDP, headed by the prime minister, drew upon
    the resources of the Government and government-affiliated businesses
    and reportedly bribed, coerced, and intimidated citizens into signing
    up for membership. It fielded candidates in nearly all constituencies.
    The USDP began its unofficial election campaign in late 2009, earlier
    than any other parties were permitted to engage in campaign activity.
        The constitution specifies the SPDC will continue to ``exercise
    state sovereignty'' and ``carry out. . . all the functions of the
    parliament'' until the new parliament is convened. According to senior
    government officials, the SPDC would disband after the new government
    was in place.
        The Government maintained tight control over the operations of
    political parties and political opponents' rights to organize and
    publicize their views. Persons who opposed the Government were
    subjected to imprisonment, violence, and harassment, including members
    of parties campaigning in the elections, despite assurances from the
    Government that the process would be free and fair.
        On September 14, the Government declared that the NLD and all other
    parties that did not reregister according to SPDC-issued electoral laws
    ceased to exist as political entities.
        In the November elections, the Government-backed USDP, whose
    candidates included cabinet ministers and other high-ranking government
    and military officials, won approximately 77 percent of all seats, with
    a reported 77 percent voter turnout. There were widespread complaints
    by prodemocratic and ethnic political parties of election fraud,
    especially around the use of highly suspect ``advance votes'' by the
    USDP. Some ethnic political parties fared well at the regional level.
    It was unclear what policy role the newly elected parliament would
    play.
        Ethnic cease-fire groups--many of which have agreements with the
    Government--were threatened with military action unless they agreed to
    come under control of the military through its Border Guard Force and
    agreed to participate in the elections.
        No women were in the senior ranks of political leadership. Members
    of certain minority groups were denied a role in government and
    politics. There were no female or ethnic minority members of the SPDC,
    cabinet, or Supreme Court.
    Section 4. Official Corruption and Government Transparency
        The law provides for criminal penalties for official corruption;
    however, the Government rarely and inconsistently enforced the
    anticorruption statute, and officials frequently engaged in corrupt
    practices with impunity. A complex and capricious regulatory
    environment fostered corruption. Authorities usually enforced
    anticorruption laws only when the regime's senior generals wanted to
    take action against officials whose egregious corruption had become an
    embarrassment or when they wanted to punish officials deemed a threat
    to the senior generals' power.
        Police corruption was a serious problem. Police typically required
    victims to pay substantial sums for crime investigations and routinely
    extorted money from the civilian population.
        Public officials were not subject to financial disclosure laws. The
    Government did not provide access to most official documents, and there
    is no law allowing for it. Most government data, even routine economic
    statistics, were classified or tightly controlled. Government
    policymaking was not transparent, with decision making confined to the
    top layers of government, and new government policies rarely were
    published or explained openly.
    Section 5. Governmental Attitude Regarding International and
            Nongovernmental Investigation of Alleged Violations of Human
            Rights
        The Government did not allow domestic human rights organizations to
    function independently, and it remained hostile to outside scrutiny of
    its human rights record.
        More than 60 nonpolitical, international humanitarian NGOs operated
    in the country. A few others had a provisional presence while
    undertaking the protracted negotiations necessary to establish
    permanent operations in the country.
        The Government maintained travel restrictions on foreign
    journalists, NGO staff, UN agency staff, and diplomats in most regions.
    Human rights advocates regularly were denied entry visas unless
    traveling under the aegis of a sponsor acceptable to the Government and
    for purposes approved by the Government. The Government's monitoring of
    the movements of foreigners, frequent interrogation of citizens
    concerning contacts with foreigners, restrictions on the freedom of
    expression and association of citizens, and practice of arresting
    citizens who passed information about government human rights abuses to
    foreigners obstructed efforts to investigate such abuses. Reports of
    abuses, especially those committed in prisons or ethnic minority areas,
    often emerged months or years after the abuses allegedly were committed
    and seldom could be verified.
        Authorities often allowed NGO staff to travel ``unaccompanied'' to
    areas affected by Cyclone Nargis in 2008 and 2009, although SB police
    monitored many visits. The work of the Tripartite Core Group--composed
    of the UN, the Association of South East Asian Nations, and the
    Government--formed to address Cyclone Nargis-related matters, ended in
    July. In August a senior government official declared the recovery
    period over, and the Government announced more restrictive policies
    regarding NGO travel and activities in cyclone-affected areas. Some
    international NGOs and UN agencies were required to have a government
    representative accompany them on field visits to other areas of the
    country, at the NGO or UN expense, although this rule was not
    consistently enforced. Foreign staff often experienced difficulty
    obtaining permission to travel to project sites outside of the cyclone-
    affected areas.
        Many international humanitarian NGOs and UN agencies reported
    government pressure to limit their activities, and access to human
    rights activists, prisoners, and ethnic minorities by international
    personnel was highly restricted. The Government reportedly asked some
    personnel of international organizations to go on leave outside the
    country and not to return until after the elections. Employees of these
    international organizations reported difficulty getting the Government
    to approve long-term visas. UN agencies and NGOs continued to negotiate
    with the Government to agree on mutually acceptable guidelines for the
    activities of humanitarian organizations.
        On February 15-19, UN Special Rapporteur on Human Rights for Burma
    Tomas Ojea Quintana visited the country. He met with several political
    prisoners at Insein Prison (Rangoon), Butheedaung Prison (Rakhine
    State), and Sittwe Prison (Rakhine State). He also met with
    representatives from several progovernment cease-fire groups in Rangoon
    and with government officials in Nay Pyi Taw. Quintana concluded there
    persisted a pattern of gross and systematic human rights violations
    that had continued for many years involving government officials in the
    military and judiciary at all levels.
        The Government generally was resistant to attempts by senior UN
    officials to visit the country.
    Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
        The SPDC continued to rule by decree and was not bound by any
    constitutional or statutory provisions concerning discrimination based
    on race, gender, disability, language, or social status.

        Women.--Rape is illegal, but the Government did not enforce the law
    effectively. If the victim is under 14 years of age, the sexual act is
    considered rape, with or without consent. In such cases the maximum
    sentence is two years' imprisonment when the victim is between ages 12
    and 14, and 10 years' to life imprisonment when the victim is under 12.
    Spousal rape is not a crime unless the wife is under 14.
        The regime did not release statistics concerning the number of rape
    prosecutions and convictions. The police generally opened and
    investigated reported cases of rape. However, in ethnic areas, when
    government soldiers committed rape, the army rarely took action to
    punish those responsible.
        Domestic violence against women, including spousal abuse, remained
    a problem. Spousal abuse or domestic violence was difficult to measure
    because the Government did not maintain statistics. There are no laws
    specifically against domestic violence or spousal abuse (including
    spousal rape), although there are laws related to committing bodily
    harm against another person. The related prison terms range from one
    year to life, in addition to possible fines.
        Police generally were reluctant to act in domestic violence cases;
    however, in cases where women sustained injuries and filed a report,
    police generally took action. Punishment for men in these cases
    typically was a fine but no imprisonment. The Government-affiliated
    Myanmar Women's Affairs Federation (MWAF)--usually chaired by the wife
    of the prime minister--sometimes lobbied local authorities, including
    the police, to investigate domestic violence cases involving spousal
    abuse. Since the MWAF was controlled by wives of regime leaders, police
    usually investigated cases referred to them by the group.
        The penal code prohibits sexual harassment and imposes fines or up
    to one year's imprisonment. There was no information on the prevalence
    of the problem because these crimes were largely unreported.
        Couples and individuals had the right to decide the number,
    spacing, and timing of children. The Government has pronatalist
    policies but allows for government and private-sector clinicians to
    provide contraceptives under the banner of ``birth spacing.'' There was
    a significant unmet need for family planning, and the most commonly
    reported barrier to accessing family planning services was cost and
    availability. Reproductive health services, including the availability
    of contraceptives, generally were limited to private clinics. Health
    authorities heavily regulated distribution of contraceptives. Community
    health workers were only allowed to advise on condoms. A client must be
    seen by a midwife to get injectables or oral contraceptive pills. With
    an acute shortage of midwives, this impeded access and prevalence.
    According to data gathered by the UN in Rangoon, the estimated maternal
    mortality ratio in the year was 240 per 100,000 live births. Women and
    men were given equal access to diagnostic services and treatment for
    sexually transmitted infections, including HIV.
        By law women enjoy the same legal rights as men, including property
    and inheritance rights; however, it was not clear if the Government
    enforced the law. Women remained underrepresented in most traditionally
    male occupations (e.g., mining, forestry, carpentry, masonry, and
    fishing) and were effectively barred from certain professions,
    including the military officer corps. Poverty affected women
    disproportionately.
        There were no registered, independent women's rights organizations,
    although there were several groups with some relationship to the
    Government. The MWAF was the leading ``nongovernmental'' women's
    organization. The Myanmar Maternal and Child Welfare Association,
    another government-controlled agency, provided basic health assistance
    to mothers and children. The Myanmar Women Entrepreneurs' Association,
    a professional society for businesswomen, provided loans to women
    starting new businesses. While not controlled by the Government, the
    entrepreneurs' association enjoyed good relations with the Government
    and was allowed to conduct its activities to support women in business.

        Children.--By law citizenship is derived through parents, both of
    whom must be nationals of the country. In major cities (e.g., Rangoon
    and Mandalay), birth registration was not a problem for most Burmans
    who sought it. In these larger cities, births must be registered to
    qualify for basic public services and obtain national identification
    cards. In smaller towns and villages, birth registration was often
    informal, sometimes just the village midwife recording births in a
    notebook; however, it was unclear what the midwife did with that
    information. Access to public services in such remote communities often
    was not a problem, since the Government provided little service to
    these areas. The only exception to the examples above was the Rohingya
    community, where birth registration was a significant problem (see
    section 2.d.).
        By law education is compulsory, free, and universal through the
    fourth standard (approximately age 10). However, the Government
    continued to allocate minimal resources to public education, and
    schools routinely charged informal fees. Rates of school attendance
    were low, largely due to economic hardship.
        There are laws prohibiting child abuse, but they were neither
    adequate nor enforced. The Government claimed child abuse was not a
    significant problem. However, accurate statistics were not available,
    and some international NGOs believed the problem was more widespread
    than the Government acknowledged.
        The 1993 Child Law contains many provisions to protect children
    from abuse, sale, and other types of exploitation. The punishment for
    violators is up to two years' imprisonment or a fine of up to 10,000
    kyat ($10).
        Children reportedly engaged in prostitution for survival without
    third-party involvement. The penalty for child prostitution is 10
    years' imprisonment. The law prohibits pornography; the penalty is
    three to five years' imprisonment. The law prohibits statutory rape,
    punishable by two years to life in prison. In Rangoon and Mandalay,
    observers noted widespread presence of female prostitutes who appeared
    to be in their teens. Additionally, some brothels reportedly offered
    young teenage ``virgins'' to their customers for a substantial
    additional fee. Although there is no law explicitly banning child sex
    tourism, article 13 of the 1949 Suppression of Prostitution Act and the
    Prostitution Act prohibit pimping and prostitution, respectively, and
    the penal code prohibits having sex with a minor.
        The Government did not dedicate significant resources to protecting
    the rights and welfare of children. Children were at high risk, as
    deteriorating economic conditions forced destitute parents to take them
    out of school to work in factories and teashops or to beg. Many were
    placed in orphanages. With few or no skills, increasing numbers of
    children worked in the informal economy or in the street, where they
    were exposed to drugs and petty crime, risk of arrest, trafficking for
    sex and labor exploitation, and HIV/AIDS.
        The mortality rate of internally displaced children in conflict
    areas was significantly higher than in the rest of the country. In
    addition such children had few learning resources.
        The country is not a party to the 1980 Hague Convention on the
    Civil Aspects of International Child Abduction.

        Anti-Semitism.--There was one synagogue in Rangoon serving a small
    Jewish congregation. There were no reports of anti-Semitic acts.

        Trafficking in Persons.--For information on trafficking in persons,
    please see the Department of State's annual Trafficking in Persons
    Report at www.state.gov/g/tip.

        Persons With Disabilities.--There is no law providing for equal
    treatment before the law and for general protection against
    discrimination, including discrimination against persons with
    disabilities. Under the constitution all citizens have the right to
    education and health care. The Government did not actively discriminate
    against persons with disabilities in employment, access to healthcare,
    education, or the provision of other state services or other areas, but
    there were few official resources to assist persons with disabilities.
    There are no laws mandating accessibility to buildings, public
    transportation, or government facilities.
        The Ministry of Health is responsible for medical rehabilitation of
    persons with disabilities, and the Ministry of Social Welfare is
    responsible for vocational training. The Government operated three
    schools for the blind, two for the deaf, two rehabilitation centers for
    adults with disabilities, and two for children with disabilities.
    However, the Government provided inadequate funds for its schools and
    programs for persons with disabilities.
        Military veterans with disabilities received benefits on a priority
    basis, usually a civil service job at equivalent pay. Official
    assistance to nonmilitary persons with disabilities in principle
    included two-thirds of pay for up to one year for a temporary
    disability and a tax-free stipend for permanent disability; however,
    the Government did not provide job protection for private-sector
    workers who became disabled.

        National/Racial/Ethnic Minorities.--Ethnic minorities constitute
    approximately 30 to 40 percent of the population, and the seven ethnic
    states make up approximately 60 percent of the national territory.
    Wide-ranging governmental and societal discrimination against
    minorities persisted. Tension between the Government army and ethnic
    populations remained high; the army occupied some ethnic groups'
    territories and controlled certain cities, towns, and highways. Abuses
    included reported killings, beatings, torture, forced labor, forced
    relocations, and rapes of members of ethnic groups by government
    soldiers. Some armed ethnic groups also may have committed abuses, but
    on a much smaller scale than the Government army (see section 1.g.).
        Rohingya Muslims in Rakhine State were discriminated against
    because of their ethnicity. Most faced severe restrictions on their
    ability to travel, engage in economic activity, obtain an education,
    and register births, deaths, and marriages (see section 2.d.).
        Ethnic minority groups generally used their own languages at home.
    However, throughout all parts of the country controlled by the
    Government, including ethnic minority areas, Burmese remained the
    mandatory language of instruction in state schools, and teaching in
    local languages was not offered. Even in ethnic minority areas, most
    primary and secondary state schools did not offer instruction in the
    local ethnic minority language. There were very few domestic
    publications in indigenous minority languages.
        The Government continued to resettle groups of ethnic Burmans in
    various ethnic minority areas. During the year the Government
    reportedly resettled groups of ethnic Burmans in Maungdaw and
    Butheedaung townships in Rakhine State, giving them farmland
    confiscated from Rohingya residents.
        During the year there were several reports of ethnic villages being
    displaced for economic development, such as the Myitsone Dam project in
    Kachin State.

        Societal Abuses, Discrimination, and Acts of Violence Based on
    Sexual Orientation and Gender Identity.--The penal code contains
    provisions against ``sexually abnormal'' behavior, and authorities
    applied them to charge gay men and lesbians who drew official
    attention. The maximum sentence is 20 years' imprisonment and a fine.
    Under the penal code, laws against ``unnatural offenses'' apply equally
    to both men and women. Nonetheless, such persons had a certain degree
    of protection through societal traditions.
        There was no official or social discrimination based on sexual
    orientation in employment.

        Other Societal Violence or Discrimination.--There existed
    discrimination against HIV-positive patients, although HIV activists
    reported that awareness campaigns helped to reduce discrimination and
    stigma. Some persons reportedly were reluctant to visit clinics that
    treat HIV/AIDS patients for fear of being suspected of having the
    disease.
    Section 7. Worker Rights

        a. The Right of Association.--The law permits workers to form trade
    unions with the prior consent of the Government; however, no free trade
    unions existed in the country. Domestic and internationally affiliated
    unions are not allowed, nor is individual membership in unions.
        The Government maintained its 2006 ruling criminalizing contact
    with the Federation of Trade Unions-Burma (FTUB), claiming it was a
    ``terrorist group.''
        The Government forbids seafarers who found work on foreign vessels
    through the Seafarers Employment Control Division from having contact
    with the Seafarers' Union of Burma--affiliated with the Government-
    banned FTUB--or the International Transport Workers' Federation.
        In June an individual active in assisting victims of forced labor
    applied to form a trade union but was warned by police he would be
    arrested if he persisted in forming ``an illegal organization.'' The
    individual did not pursue the application and remained free at year's
    end.
        Several FTUB leaders and labor activists were freed in 2009 after
    serving long-term sentences, including FTUB Central Executive Committee
    members Myo Aung Thant, U Thein Aung, Kyi Thein, and Chaw Su Hlaing.
    However, the whereabouts of Khin Maung Win, Ma Khin Mar Soe, Ma Thein
    Thein Aye, U Aung Moe Tin Oo, U Tin Hla, and 10 FTUB organizers in the
    Bago area were unknown at year's end.
        Six labor activists--Thurein Aung, Kyaw Kyaw, Wai Lin (Wai Aung),
    Nyi Nyi Zaw, Kyaw Win (Wanna), and Myo Min--arrested in connection with
    a labor rights seminar in Rangoon and sentenced in 2007 to 20 to 28
    years' imprisonment for sedition remained in prison. Labor activists
    Kan Mint and Nyunt Win, arrested and tried in 2008 on a number of
    charges, including links with exiled groups and sedition, were
    sentenced to 11 and one-half years' and 10 years' imprisonment in
    December 2008, respectively. At year's end five of the six labor
    activists remained in prison; the whereabouts of Khin Maung Cho,
    arrested in 2008, were unknown.
        Labor activists reported at the International Labor Conference that
    32 labor activists, including eight FTUB female members, remained
    imprisoned.
        Although the law prohibits labor strikes, a number of strikes took
    place at privately owned factories in Rangoon area industrial zones
    during the year. These were all of short duration, lasting less than a
    day on average. By all reports these were prompted by workers seeking
    wage increases or other benefits. In each case the strike was ended
    through a negotiated settlement. The Government closely monitored the
    strikes but did not use force to end them and appeared to have played a
    role in mediating between labor and factory management.

        b. The Right to Organize and Bargain Collectively.--Although the
    2008 constitution provides that workers have a right to organize and
    have workers' representatives, the Government generally does not allow
    workers to organize or bargain collectively. However, workers'
    supervision committees existed at factories in some government-
    designated industrial zones to address grievances. When a dispute
    cannot be resolved at the factory level, it is referred to a township
    committee chaired by the township chairman. The township committee
    attempts to resolve the problem through negotiation or, if necessary,
    arbitration. During the period a dispute is before the supervision
    committee process, the workers are required to continue their work, and
    demonstrations are prohibited.
        There are no export processing zones; however, there are special
    military-owned industrial parks. Labor laws are applicable in all
    industrial zones and across all industries, but they were not always
    enforced.

        c. Prohibition of Forced or Compulsory Labor.--The SPDC
    Supplementary Order 2004 and Ministry of Home Affairs Order 1/99
    prohibit forced or compulsory labor (except as a criminal punishment);
    however, there were reports that such practices occurred. The law
    provides for the punishment of persons who impose forced labor on
    others. However, government and military use of forced or compulsory
    labor remained a widespread and serious problem, particularly targeting
    members of ethnic minority groups. Throughout the country international
    observers verified that the Government routinely forced citizens to
    work on roads, construction, and other maintenance projects. Citizens
    also were forced to work in military-owned industrial zones.
        The ILO continued to receive and investigate forced labor
    complaints. During the year the ILO received 201complaints of cases of
    child-soldier recruitment, an increase from 86 cases in 2009. Since the
    ILO began monitoring underage recruitment in 2007, it has received 331
    complaints. At year's end a total of 142 underage recruits had returned
    to their families, and 120 cases were being processed for discharge. A
    further 60 cases were under review, while nine lacked sufficient
    evidence to advance.
        The ILO reported one complaint in 2009 of internal trafficking of
    100 boys ages 13 to 15 for forced labor at a horticultural plantation.
    The boy who reported the case was initially abducted in Rangoon
    Division and taken to the plantation. According to the ILO, the boy
    escaped the plantation during the year and was home with his family; at
    year's end the status of the other boys was unknown.
        The Government's use of forced labor in support of military
    garrisons or military operations remained serious in ethnic or
    religious minority regions.
        On January 2, SPDC soldiers demanded that 30 villagers from Klaw Mi
    Der in Karen State retrieve rations from an SPDC base. The soldiers
    forced 10 women and 20 men to make the two-hour round trip journey on
    foot; they were not compensated for their work. On January 12,
    government soldiers ordered villagers to porter rations for eight
    hours, according to the Karen Human Rights Group. On February 9, light
    infantry battalions forced 30 male villagers to porter rations six
    hours in Karen State.
        In May in Rangoon, the Government reportedly forced some villagers
    to work on a road construction project for six days. Each person who
    refused had to pay a fine of 2,000 kyat ($2) per day.
        In June there were reports that 40 villagers were forced to act as
    security for a camp of 180 government soldiers searching for Arakan
    Liberation Army members and six government army defectors. The
    villagers also had to carry the soldiers' uniforms, backpacks,
    ammunition, and other equipment.
        Authorities continued to use forced labor countrywide to maintain
    existing civil infrastructure, including transportation and irrigation
    facilities. Authorities often allowed households or persons to
    substitute money or food for labor for infrastructure projects, but
    widespread rural poverty forced most households to contribute labor.
    Parents routinely called upon children to help fulfill their
    households' forced labor obligations.
        During the year the Government released most Magwe farmers
    sentenced to hard labor in October 2009 on charges of trespassing after
    returning to land confiscated by the Government; however, an ILO
    facilitator and another individual connected with the case remained in
    prison at year's end.
        Although the Government took steps to address forced labor, it
    remained widespread. In February the Government agreed to extend the
    Supplementary Understanding of 2007 with the ILO, an agreement under
    which the ILO receives forced-labor complaints, the Government
    investigates such complaints, and the Government works with the ILO to
    engage in awareness-raising activities. The Government willingly
    participated in some joint investigations of forced-labor cases;
    however, the ILO reported rare instances of persons who had filed
    complaints later being charged under the Official Secrets Acts.

        d. Prohibition of Child Labor and Minimum Age for Employment.--The
    law sets a minimum age of 13 for the employment of children. The 1993
    Child Law provides for the protection of children in the workplace by
    classifying children ages 14 to 17 as youths and allowing them to
    engage in light duties. Light duties are not defined, however, and in
    practice the Child Law was not enforced. Child labor was prevalent and
    highly visible. In cities child workers were found mostly in the food-
    processing, street-vending, refuse-collecting, and light-manufacturing
    industries and as restaurant and teashop attendants. In rural areas
    children routinely worked in family agricultural activities.
        Forced labor, including child forced labor, is illegal under Order
    199. Nonetheless, the Government army continued to recruit and use
    child soldiers. Ethnic armed groups and some cease-fire groups also
    allegedly recruited child soldiers (see section 1.g.).
        According to media reports, a child soldier who was illegally
    recruited by an army officer in 2007 at the age of 14 was officially
    discharged from the army in June with the help of ILO. The child
    reported that officers and older soldiers bullied and beat child
    soldiers, would not allow them to receive medical treatment, and put
    them on the front lines during battles. Following battle, child
    soldiers were required to do chores and were not permitted to rest.
        The Ministry of Social Welfare is broadly responsible for enforcing
    laws and regulations against forced labor, and the Ministry of Labor
    enforced the law in industrial zones. The UN Children's Fund continued
    to work with the Ministry of Labor to facilitate several interagency
    meetings and workshops on the protection of children.
        Also see the Department of State's annual Trafficking in Persons
    Report at www.state.gov/g/tip.

        e. Acceptable Conditions of Work.--Only government employees and
    employees of a few traditional industries were covered by minimum wage
    provisions. The Ministry of Finance and Revenue sets the minimum wage.
    It was not clear what methodology or process it uses. The minimum
    monthly wage for salaried public employees remained on par with the
    market monthly wage of 30,000 to 45,000 kyat ($30 to $45) for what was
    in effect an eight-hour workday. The rate for day laborers was 1,000
    kyat ($1) per day. Various subsidies and allowances supplemented this
    sum. Neither the minimum wage nor the higher wages earned by senior
    officials provided a worker and family with a decent standard of
    living. Low real wages in the public sector fostered widespread
    corruption and absenteeism. In the private sector, urban laborers
    performing unskilled work earned 1,000 to 3,000 kyat ($1 to $3) per
    day, while rural agricultural workers generally earned less. Skilled
    workers in the private sector tended to earn somewhat more than rural
    agricultural workers and urban laborers; for example, a skilled factory
    worker earned 30,000 to 50,000 kyat ($30 to $50) per month, according
    to private-sector employers.
        A surplus of labor, a poor economy, and the lack of protection by
    the Government continued to foster substandard conditions for workers.
    The law prescribes a five-day, 35-hour workweek for employees in the
    public sector and a six-day, 44-hour workweek for private sector
    employees, with overtime paid for additional work. Factory workers at
    state-owned enterprises must work 44 to 48 hours per week, depending on
    the type of factory. The law also allows for a 24-hour rest period per
    week, and workers are permitted 21 paid holidays per year; however, in
    practice such provisions benefited only a small portion of the labor
    force, since most workers were engaged in rural agriculture or the
    informal sector. The laws were generally enforced in the Government
    sector, but there were frequent violations by private enterprises.
    There were reports that workers at garment factories near Rangoon were
    forced to work long hours without receiving overtime pay and were
    dismissed for being absent from work for more than three days due to
    sickness.
        Numerous health and safety regulations exist, but the Government
    did not enforce them. Although the law permits workers to remove
    themselves from hazardous conditions, many could not expect to retain
    their jobs if they did so and accepted unfavorable working conditions
    as preferable to unemployment.

                                   __________

                                    CAMBODIA

        Cambodia is a constitutional monarchy with an elected government
    and a population of approximately 14 million. In the most recent
    national elections, held in 2008, the Cambodian People's Party (CPP),
    led by Prime Minister Hun Sen, won 90 of 123 National Assembly seats.
    Most observers assessed that the election process improved over
    previous elections but did not fully meet international standards. The
    CPP consolidated control of the three branches of government and other
    national institutions, with most power concentrated in the hands of the
    prime minister. Although civilian authorities nominally controlled the
    security forces, in many instances security forces acted under
    directives of CPP leadership.
        Members of security forces committed arbitrary killings and acted
    with impunity. Detainees were abused, often to extract confessions, and
    prison conditions were harsh. Human rights monitors reported arbitrary
    arrests and prolonged pretrial detention, underscoring a weak judiciary
    and denial of the right to a fair trial. Land disputes and forced
    evictions, sometimes violent, continued. The Government restricted
    freedom of speech and of the press through defamation and
    disinformation lawsuits and at times interfered with freedom of
    assembly. Corruption was endemic. Civil society expressed significant
    concern that the draft Law on Associations and Nongovernmental
    Organizations (NGOs) could seriously constrain the ability of NGOs to
    operate. Domestic violence and child abuse occurred, education of
    children was inadequate, and trafficking in women and children
    persisted. The Government offered little assistance to persons with
    disabilities. Antiunion activity by employers and weak enforcement of
    labor laws continued, and child labor in the informal sector remained a
    problem.
                            respect for human rights
    Section 1. Respect for the Integrity of the Person, Including Freedom
            From:

        a. Arbitrary or Unlawful Deprivation of Life.--There were no
    reports that the Government or its agents committed politically
    motivated killings; however, security forces reportedly committed
    arbitrary killings, although fewer than in previous years.
        The NGO Cambodian Human Rights and Development Association (ADHOC)
    reported 12 arbitrary killings, four of which were allegedly committed
    by police, three by military police officers, and five by soldiers.
    Police arrested suspects in three cases.
        On January 10, a local human rights organization reported that two
    commune police officers in Kandal Province, Chil Sarath and Sun Vantha,
    beat Lon Chhun Leng. The victim subsequently died from his injuries.
    The perpetrators reportedly had a public dispute with the victim
    earlier the same evening at a wedding party. The victim's family filed
    a complaint with the provincial court. At year's end, the case was
    pending, no hearing date had been set, and the two commune police
    officers remained free.
        On March 22, a group of police officers led by Nov Hach, police
    chief of Me Sang District in Prey Veng Province, reportedly shot
    Chhoeun Chheang during an arrest attempt. In 2005 the provincial court
    had convicted Chhoeun in absentia on robbery charges and issued a
    warrant for his arrest. According to a local human rights organization,
    police reportedly were carrying out the warrant when the victim was
    shot and then abandoned; he subsequently died from his wounds. There
    was no reported investigation of the shooting.
        On April 16, Sok Ry, deputy police chief of Trapeang Phlong commune
    in Kampong Cham Province, allegedly shot robbery suspect Horm Vanda
    during an arrest attempt. The victim's family filed a complaint with
    the provincial court. At year's end, the case was pending, no hearing
    date had been set, and the deputy police chief remained free.
        On April 26, community activist Pech Sophon was shot and killed in
    front of his house in Samlot District in Battambang Province by a group
    of unknown persons. According to a local human rights organization, the
    victim was an active leader in his community's land dispute with local
    authorities, the military, and a private company. Police investigated
    the killing but did not release information about the investigation.
        On July 20, the appeals court upheld the decision of the Takeo
    Provincial Court to dismiss a complaint made by the family of fisherman
    Mao Sok, who died in March 2009 while in custody of the Takeo
    Provincial Fishery Department.
        There were no developments in the following cases: the April 2009
    death of Kong La while in custody of the Mong Russei District police in
    Battambang Province; the June 2009 death of Loeung Saroeun, who was
    immolated by a soldier in the military's 14th Intervention Brigade in
    Pursat Province; and the July 2009 death of Soy Sokhorn, who was shot
    and killed by a Phnom Penh military police officer.
        There were no developments in the following 2008 cases: the killing
    of Buern Soksina in Preah Vihear Province, the death resulting from a
    beating by security forces of a villager in Preah Vihear Province, the
    death of a bystander in Phnom Penh shot by a military police officer,
    the deaths of former CPP activist Cheang Sorm and Norodom Ranariddh
    Party deputy chief Sok Run, or the killing of journalist Khem Sambo and
    his son.
        Mines dating from the Indochina conflict and Khmer Rouge period
    continued to cause casualties. According to the Cambodia Mine/UXO
    Victim Information System, from January to November, mines and
    unexploded ordnance caused 70 deaths, 41 amputations, and 149 other
    injuries. The Government's Cambodian Mine Action and Victim Assistance
    Authority continued to take steps to prevent civilian casualties caused
    by land mines and unexploded ordnance, including a mine clearance
    program and distribution of prevention materials such as leaflets,
    books, and signs. Information about the danger of mines and unexploded
    ordnance is a mandatory component of student curriculum in public
    schools, and provincial mine-action units conducted regular meetings
    with villagers at the commune and village levels to share information.
        On March 25, a mob attacked three men after the three allegedly hit
    two young women and stole their motorbike in Phnom Penh. According to
    press reports, police initially chased and subdued the three suspects,
    but then a mob of more than 400 persons forcibly removed the suspects
    from police custody and attacked them with sticks, steel pipes, and
    rocks, killing two. Police stood by throughout the incident. The mob
    left for dead the third man, Sok Siek, but he regained consciousness,
    and police arrested him and charged him with robbery. Police declared
    that they could not investigate the case of mob violence, because there
    were too many persons involved and no way to determine who was
    responsible, despite photographs of the attack.
        During the year local organizations reported at least two other mob
    killings.
        There were no developments in the February 2009 killing of Hang
    Heoun, accused of sorcery, in Sandan District, Kampong Thom Province.
    The seven alleged perpetrators remained in pretrial detention, and no
    trial date was set.
        There were no developments in two other mob killings reported in
    2009 or the two mob killings in 2008.

        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,
    beatings and other forms of physical mistreatment of police detainees
    and prison inmates continued, although the number of incidents
    decreased from 2009.
        There were credible reports that military and civilian police
    officials used physical and psychological torture and on occasion
    severely beat criminal detainees, particularly during interrogation.
    During the year nongovernmental organizations (NGOs) reported that
    authorities allegedly tortured at least 111 prisoners: 93 in police
    custody and 18 in prisons. Kicking, punching, and pistol whipping were
    the most common methods of physical abuse, but techniques also included
    electric shock, suffocation, caning, and whipping with wire. The NGOs
    reported that it was not uncommon for police to torture detained
    suspects until they confessed to a crime. Courts used forced
    confessions as legal evidence during trial despite admissibility
    prohibitions under the law.
        On February 5, two persons reported that Svay Chrum District police
    officers beat them while in police custody to obtain a confession for a
    robbery the two claimed they did not commit. Police later released them
    without charges. There was no investigation into their complaints.
        On May 15, three Thnoat Chum commune police allegedly beat and
    administered electric shocks to a person to obtain his confession for
    street fighting. The victim, who was seriously injured and lost
    consciousness as a result, claimed he was not involved in the fighting.
    He filed a complaint with the provincial court, which charged one
    commune police officer. At year's end, the case was pending and no
    hearing date had been set; the police officer remained free.
        Five persons from the village of Tumnob Teuk, who reported in 2009
    that military police from the Bavel District in Battambang Province
    beat, kicked, and administered electric shocks to them to extract
    confessions for a robbery they claimed they did not commit, remained in
    jail despite being acquitted of the robbery charges by the Battambang
    Provincial Court. The prosecutor filed an appeal of the acquittals; at
    year's end, no hearing date had been set.
        ADHOC reported 89 cases of physical assault on civilians by local
    authorities, government agents, or private bodyguards during the year,
    compared with 100 cases in 2009.
        There were 11 government-operated drug rehabilitation centers. Most
    observers agreed that the majority of detainees in such facilities were
    there involuntarily, committed to the facilities by law enforcement
    authorities or family members, and that as many as one-third of
    detainees were under the age of 18. Employees of the centers frequently
    used involuntary methods to ``control'' detainees, including tying
    detainees up or submitting them to intense exercise and electric
    shocks. Government leaders acknowledged the importance of treating drug
    addiction as a medical rather than criminal matter, but there was
    little reported action to follow up such statements.
        In contrast with 2009, there were no reported cases that the
    Government forced drug addicts to accept treatment with the
    controversial herbal substance Bong Sen without informed consent.
        There were no new developments in the 2008 reported cases of
    detainee abuse by authorities at two Ministry of Social Affairs,
    Veterans, and Youth Rehabilitation (MOSAVY) rehabilitation centers. At
    year's end, one center remained closed, while another was being used to
    hold homeless persons and some drug users and sex workers.

        Prison and Detention Center Conditions.--Prison conditions did not
    meet international standards. Conditions remained harsh and at times
    were life threatening. Government efforts to improve them continued to
    be hampered by a lack of funds and weak enforcement. Human rights
    organizations cited a number of serious problems, including
    overcrowding, medical and sanitation problems, food and water
    shortages, malnutrition, and poor security.
        According to the Ministry of Interior Prison Department, there were
    14,043 prisoners and detainees, including 915 women and 772 juveniles.
    There were 25 prisons in the country, which were designed to hold
    between 8,000 and 11,000 persons. There were reports at some prisons
    that cells of 40 by 20 feet held up to 110 prisoners. At the
    Correctional Center 1 prison, 26-by-26-foot cells held an average of 50
    prisoners. In some prisons authorities used shackles and held prisoners
    in small, dark cells as a form of punishment.
        The Prison Department reported 83 prisoners and detainees died
    while in custody. Police claimed that they investigated the deaths and
    found evidence of preexisting conditions or other illness.
        On January 21, the Phnom Penh Municipal Court dismissed the
    wrongful death complaint filed by family of prisoner Heng Touch, who
    died in 2008 after sustaining injuries in prison under suspicious
    circumstances. The family did not appeal the dismissal.
        There were no developments in the 2008 deaths of prisoners Yan Sok
    Kea and Bun Vannarith while in police custody, or an elderly woman
    confined in a MOSAVY rehabilitation facility.
        The Government increased ration allowances for prisoner food and
    other necessities, but allowances remained inadequate. Observers
    continued to report that ration allowances for purchasing prisoners'
    food sometimes were misappropriated, exacerbating malnutrition and
    disease.
        In most prisons there was no separation of adult and juvenile
    prisoners, of male and female prisoners, or of persons convicted of
    serious crimes and persons detained for minor offenses. Pretrial
    detainees were routinely held together with convicted prisoners.
    According to government statistics, an estimated 34 percent of
    prisoners held in municipal and provincial prisons were pretrial
    detainees.
        Prisoners and detainees were routinely allowed access to visitors,
    although rights organizations confirmed that families sometimes had to
    bribe prison officials to visit prisoners or provide food and other
    necessities. NGOs also confirmed accounts that prisoners whose families
    bribed prison authorities received preferential treatment, including
    access to visitors, transfer to better cells, and the opportunity to
    leave cells during the day.
        There were credible reports that officials occasionally demanded
    bribes before allowing prisoners to attend trials or appeal hearings
    and before releasing inmates who had served their full term of
    imprisonment.
        Prisoners and detainees were allowed to observe their own religion.
        Complaints about alleged abuse could be submitted to judicial
    authorities through lawyers without censorship; however, a large number
    of prisoners and detainees could not afford legal representation. The
    Government investigated such complaints and monitored prison and
    detention center conditions through the Ministry of Interior's General
    Department of Prisons, which produced biannual reports on the
    management and development of prisons in the country. These and other
    investigation reports reportedly were available to the public upon
    request.
        The Government generally continued to allow international and
    domestic human rights groups, including the International Committee of
    the Red Cross and the Office of the UN High Commissioner for Human
    Rights (UNHCHR), to visit prisons and provide human rights training to
    prison guards. Some NGOs reported that at times cooperation from local
    authorities was limited, making it difficult to gain access to pretrial
    detainees. The Ministry of Interior continued to require that lawyers,
    human rights monitors, and other visitors obtain permission prior to
    visiting prisoners; the ministry withheld such permission in some
    politically sensitive cases. In some instances officials continued to
    permit NGOs to interview prisoners in private. UNHCHR representatives
    reported they usually were able to have a private meeting when
    interviewing a particular prisoner of interest.

        d. Arbitrary Arrest or Detention.--The law prohibits arbitrary
    arrest and detention; however, at times the Government did not respect
    these prohibitions. The criminal procedures code allows for pretrial
    detention of up to six months for misdemeanors and 18 months for
    felonies. One in every 10 detainees in pretrial detention was held
    longer than the legal time limit, sometimes without legal
    representation or trial. During the year the Ministry of Interior
    reported having 210 persons in pretrial detention in excess of the
    legal time limit permitted for the charged offense. Additionally, some
    courts lost case files during pretrial detention periods, delaying
    court procedures.
        ADHOC reported at least 75 cases of illegal arrest or detention
    during the year. ADHOC stated that victims in 21 illegal detention
    cases subsequently were freed following detainee complaints,
    interventions by human rights NGOs, or payment of bribes. ADHOC
    believed that the actual number of arbitrary arrests and detentions was
    somewhat higher, because some victims in rural areas did not file
    complaints due to difficulty in traveling to the NGO's offices or
    concern for their family's security. According to ADHOC, authorities
    took no legal or disciplinary actions against the persons responsible
    for the illegal detentions.
        Throughout the year Phnom Penh municipal authorities arrested
    dozens of persons--usually the homeless, mentally ill, drug users, or
    commercial sex workers--during systematic street sweeps. Detainees
    typically lost all money and belongings in the course of a sweep.
    Authorities called the street sweeps part of an effort to ``regulate
    society.'' Occasionally authorities placed the detainees in a MOSAVY-
    operated rehabilitation facility 15 miles from Phnom Penh. Detainees
    were told they were free to leave but would not be provided
    transportation if they left the rehabilitation center.

        Role of the Police and Security Apparatus.--The General
    Commissariat of the National Police, which is under the supervision of
    the Ministry of Interior, manages all civilian police units. The police
    forces are divided into those who have the authority to make arrests,
    those without such authority, and the judicial police. Military police
    were permitted to arrest civilians if the officers met the training and
    experience requirements to serve as judicial police, if civilians were
    on military property, or when authorized by local governments. In
    practice, however, the military police sometimes engaged in regular
    civilian law enforcement activities under the authority and direction
    of provincial or local governments.
        Police officials killed citizens and committed other abuses with
    impunity, and in most cases the Government took little or no action.
    The law requires police, prosecutors, and judges to investigate all
    complaints, including those of police abuses; however, in practice
    judges and prosecutors rarely conducted an independent investigation as
    part of a public trial. Presiding judges usually passed down verdicts
    based only on written reports from police and witness testimonies. In
    general police received little professional training. Police who failed
    to prevent or respond to societal violence were rarely disciplined.
        On March 7, Oddar Meanchey forestry officials claimed that persons
    from a group of 200 military families shot at them when they attempted
    to remove the families from a protected forest area. The Forestry
    Administration had announced the week before that it was seeking the
    arrest of a village chief and a Royal Cambodian Armed Forces officer
    who they claimed had illegally convinced the families to settle in the
    protected area.
        On March 8, villagers evicted in 2009 from disputed land in Kraya
    commune, Kampong Thom Province, attempted to return to their former
    farmland that had been converted into a rubber plantation owned by a
    Vietnamese company. Police assigned to guard the plantation opened fire
    on the villagers, wounding three, after the villagers allegedly
    attacked them with knives. The provincial government had resettled the
    evictees on land near the site, but villagers claimed they had not
    received land suitable for planting crops.
        On August 20, the Siem Reap Provincial Court convicted nine
    villagers from Chi Kraeng commune of forming an illegal armed force and
    sentenced them to three years in prison. The court convicted three
    additional villagers from the same commune for attempting to confine
    court officials and sentenced them to three years in prison. The
    villagers were arrested in March 2009 during a land dispute in which
    police opened fire on a crowd of protesters, injuring three. The court
    revised the sentences of all 12 villagers to 17 months, equivalent to
    time served, but the villagers remained in prison pending the
    possibility of appeal by the prosecutor or to face additional charges.
    Despite calls from the Ministry of Justice for provincial authorities
    to take action against the shooters in the case, at year's end no
    action had been taken.
        There was no development in the June 2009 case in which a
    Ratanakiri provincial police sergeant shot and wounded a villager
    during a protest over an economic land concession.
        There were no developments in the 2008 case of Brigade 70 Major
    Meur Bora, who reportedly beat two men following a minor traffic
    accident, or in the 2008 case of an alleged government bodyguard who
    shot and killed a woman in a bar.

        Arrest Procedures and Treatment While in Detention.--The law
    requires police to obtain a warrant from an investigating judge prior
    to making an arrest, but police may arrest without a warrant anyone
    caught in the act of committing a crime. The law allows police to take
    a person into custody and conduct an investigation for 48 hours,
    excluding weekends and government holidays, before charges must be
    filed. In felony cases of exceptional circumstances prescribed by law,
    police may detain a suspect for an additional 24 hours with the
    approval of a prosecutor. However, authorities routinely held persons
    for extended periods before charging them. There was a functioning bail
    system; however, many prisoners, especially those without legal
    representation, had no opportunity to seek release on bail. Under the
    criminal procedures code, accused persons may be arrested and detained
    for up to 24 hours before being afforded access to legal counsel, but
    prisoners routinely were held for several days before gaining access to
    a lawyer or family members. According to government officials, such
    prolonged detention largely was a result of the limited capacity of the
    court system.
        On May 29, police in Phnom Penh arrested Leang Sokchhoeun and
    reportedly held him incommunicado for 33 hours, during which time he
    was also transported to Takeo Province. Leang's lawyer and family
    reported making multiple requests to speak with Leang after the
    expiration of the 24-hour detention period permitted by law, but police
    denied all requests (see also section 2.a.).
        There were no developments in the case of police officer Priep Pov,
    who remained in hiding after he was sentenced in absentia to one year
    in prison in April 2009.

        Amnesty.--The king may grant amnesty in certain cases, which he
    often does during important Buddhist religious ceremonies and national
    holidays. The Ministry of Interior reported that King Norodom Sihamoni
    pardoned 154 persons during the year.

        e. Denial of Fair Public Trial.--The constitution provides for an
    independent judiciary, but the Government generally did not respect
    judicial independence in practice. The courts were subject to influence
    and interference by the executive branch, and there was widespread
    corruption among judges, prosecutors, and court officials.
        A lack of resources, low salaries, and poor training contributed to
    a high level of corruption and inefficiency in the judicial branch, and
    the Government did not provide for due process.
        Observers reported that many cases were pending due to a shortage
    of judges and courtrooms. Observers also speculated that court
    officials might have been focusing on cases from which they could gain
    financial benefits.
        There remained a critical shortage of trained lawyers, particularly
    outside Phnom Penh. Persons without means to secure counsel were often
    effectively denied the right to a fair trial. According to the bar
    association, approximately 30 percent of the country's 751 lawyers
    provided pro bono legal counsel to poor persons, which was inadequate
    to cover the basic legal rights of all of the country's poor.
        Sworn written statements from witnesses and the accused usually
    constituted the only evidence presented at trials. The accused person's
    statements sometimes were coerced through beatings or threats, and
    illiterate defendants often were not informed of the contents of
    written confessions that they were forced to sign. In cases involving
    military personnel, military officials often exerted pressure on judges
    of civilian criminal courts to have the defendants released without
    trial.
        Court delays or corrupt practices often allowed accused persons to
    escape prosecution. Government officials or members of their families
    who committed crimes often enjoyed impunity.
        In many criminal cases, rich or powerful defendants, including
    members of the security forces, usually paid money to victims and
    authorities to drop criminal charges against them. Authorities were
    known to urge victims or their families to accept financial restitution
    in exchange for dropping criminal charges or failing to appear as
    witnesses.

        Trial Procedures.--Trials are public. Juries are not used; the
    presiding judge possesses the authority to pass a verdict. Defendants
    have the right to be present and consult with an attorney, confront and
    question witnesses against them, and present witnesses and evidence on
    their own behalf. In felony cases, if a defendant cannot afford an
    attorney, the court is required to provide the defendant with free
    legal representation; however, the judiciary often lacked the resources
    to provide legal counsel, and most defendants sought assistance from
    NGOs or went without legal representation. Trials based on the civil
    code system typically were perfunctory, and extensive cross-examination
    usually did not take place. Defendants and their attorneys have the
    right to examine government-held evidence relevant to their cases;
    however, on rare occasions it was difficult for them to obtain such
    access, especially if the case was political or involved a high-ranking
    government official or well-connected member of the elite.
        Defendants are entitled by law to the presumption of innocence and
    the right of appeal, but due to pervasive corruption, defendants often
    were expected to bribe judges to secure a favorable verdict. A
    citizen's right to be present at his appeal often was limited by
    difficulty in transferring prisoners from provincial prisons to the
    appeals court in Phnom Penh. Consequently, more than half of all
    appeals were heard without the presence of the defendant.
        There was no development in the case of Thach Saveth. In 2009 the
    appeals court upheld Thach's 2005 conviction for killing labor leader
    Ros Sovannareth. Thach's lawyer appealed to the Supreme Court; as of
    year's end, no trial date had been set. Many observers, including local
    NGOs and the International Labor Organization (ILO), reported
    procedural irregularities in the case and a lack of evidence linking
    Thach to the crime.
        There were no developments in the case of Born Samnang and Sok Sam
    Oeun, who remained free on bail after the Supreme Court remanded their
    case to the appeals court in 2008. The two were convicted in 2004 for
    the killing of labor leader Chea Vichea. The case remained with the
    appeals court for reinvestigation and retrial.

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

        Civil Judicial Procedures and Remedies.--The country has a
    judiciary in civil matters, and citizens are entitled to bring lawsuits
    seeking damages for human rights violations. Generally, there are both
    administrative and judicial remedies. Enforcing a court order for a
    civil or criminal case often was a problem. Persons sporadically turned
    to vigilante justice.

        f. Arbitrary Interference With Privacy, Family, Home, or
    Correspondence.--The law provides for the privacy of residence and
    correspondence and prohibits illegal searches; however, observers
    reported that police routinely conducted searches and seizures without
    warrants.
        There continued to be reports of authorities entering private
    properties without proper judicial authorization. Due to forced
    collectivization during Khmer Rouge rule and the return of hundreds of
    thousands of refugees, land ownership was often unclear. The land law
    states that any person who peacefully possessed private or state
    private property (not state public land) without contention for five
    years prior to the 2001 promulgation of the law has the right to apply
    for a definitive title to that property. Most of the country's
    impoverished population continued to lack the knowledge and means to
    obtain adequate formal documentation of land ownership.
        Provincial and district land offices continued to follow pre-2001
    land registration procedures, which did not include accurate land
    surveys and opportunities for public comment. The Cadastral Commission
    failed to implement the identification and demarcation of state land,
    leading to land conflicts, arbitrary evictions, and ill-defined,
    uncontrolled state development. Land speculation, often in the form of
    land concessions, continued to fuel disputes in every province and
    increased tensions between poor rural communities and speculators.
    Urban communities faced forced eviction to make way for commercial
    development projects.
        The Cadastral Commission continued to perform its functions slowly.
    The courts remained responsible for resolving disputes in cases where
    land was registered or disputants were given land titles. The National
    Authority for Land Dispute Resolution was ineffective, and confusion
    existed over its jurisdiction, which overlapped with that of the
    national and provincial cadastral commissions. Implementation of social
    land concessions for landless citizens was limited.
        Cases of inhabitants being forced to relocate continued to occur
    when officials or businesspersons colluded with local authorities; the
    number of cases reported increased from 2009. Some persons also used
    the court system to intimidate the poor and vulnerable into exchanging
    their land for compensation below market value. ADHOC reported
    receiving 202 land-related cases during the year. During the same
    period, another NGO received 75 land-related cases in Phnom Penh and 13
    provinces, affecting 7,040 families. The poor often had no legal
    documents to support their land claims and lacked faith in the judicial
    system. Some of those expelled successfully contested these actions in
    court, but the majority of the cases in the courts were being processed
    at year's end.
        On March 19, violence broke out when authorities tried to carry out
    a Supreme Court-ordered eviction of families from a 162-acre plot of
    land in Udong District, Kampong Speu Province. Kuo Sheng, the Taiwanese
    owner of Meng Keth Company, claimed that he purchased 551 acres of land
    from 1997 to 2000 to plant trees and build a factory. A representative
    of the company stated that it would compensate villagers who could show
    a copy of their land documents. Village representatives insisted that
    none of the villagers sold their land to the company. Police and
    villagers attacked one another when the authorities attempted to evict
    villagers with force.
        On May 25, a group of military police, provincial police, and
    soldiers burned the houses of more than 100 villagers in O'Ampil
    Village, Anlong Veng District, Oddar Meanchey Province. Authorities
    claimed that the land was part of the Kulen Prumtep Wildlife Sanctuary
    and that a court ordered the eviction. Military and police agents
    burned the homes after the villagers refused to leave. Villagers
    maintained that they purchased the land from the Ministry of
    Environment in 2000 and that the eviction order should not have been
    enforced because there were cases pending in the court.
        In July 42 HIV/AIDS-affected families that were forcibly relocated
    from the Borei Keila neighborhood in Phnom Penh to the Tuol Sambo
    resettlement site in June 2009 received new concrete houses built by
    the NGO Caritas Cambodia. NGOs reported that six families entitled to
    apartments at Borei Keila had not yet received them.
        In March Sam Rainsy Party parliamentarian Son Chhay received a
    court order from the Siem Reap Provincial Court instructing him to
    vacate his land. The Supreme Court upheld a 2009 lower-court decision
    ordering Son Chhay to sell 7.8 acres of his land to a government agency
    for an amount reportedly below the market price.
        There were no developments in the case of Chea Sam Ath, who
    allegedly posed as a local village chief and ordered soldiers to shoot
    villagers protesting eviction in Malai District, Banteay Meanchey
    Province, in 2008. The investigation continued; Chea Sam Ath reportedly
    relocated to Oddar Meanchey Province.
        In May the Ratanakiri Provincial Court announced that it would
    appoint a new judge, the third in the long-running dispute between
    Jarai ethnic minority villagers from Kong Yu and Kong Thom and
    businesswoman Keat Kolney. The villagers had filed a civil complaint
    against Keat Kolney, accusing her of tricking them into thumbprinting
    transfer documents for 1,112 acres of land in Pate commune, O'Yadau
    District, Ratanakiri Province, in 2004. At year's end, the civil case
    remained unresolved.
    Section 2. Respect for Civil Liberties, Including:

        a. Freedom of Speech and Press.--The constitution provides for
    freedom of speech and of the press; however, these rights were not
    always respected in practice.
        The constitution requires that free speech not adversely affect
    public security. The constitution also declares that the king is
    ``inviolable,'' and a Ministry of Interior directive conforming to the
    defamation law reiterates these limits and prohibits publishers and
    editors from disseminating stories that insult or defame government
    leaders and institutions.
        The 1995 press law prohibits prepublication censorship or
    imprisonment for expressing opinions. However, the Government continued
    to use the older UN Transitional Authority in Cambodia (UNTAC) law to
    prosecute journalists and others on defamation, disinformation, and
    incitement charges. A 2006 amendment to the UNTAC law eliminates
    imprisonment for defamation but not for incitement or spreading
    disinformation, which carry prison sentences of up to three years.
    Judges also can order fines, which may lead to jail time if not paid.
        On March 12, the Phnom Penh Municipal Court charged opposition
    party leader Sam Rainsy with disinformation and forgery of public
    documents under articles 62 and 49 of the UNTAC law. The Government
    charged that maps presented by Rainsy in February during his public
    commentary about border demarcation with Vietnam were falsified.
    Although Rainsy remained in self-imposed exile in France, on September
    23, the court convicted Rainsy in absentia, sentencing him to 10 years
    in prison, a fine of five million riels (approximately $1,180), and
    additional compensation of 60 million riels ($14,150).
        Also in March, Kao Kim Hourn, Ministry of Foreign Affairs secretary
    of state and president of the University of Cambodia, filed a
    defamation complaint against Bun Tha, editor in chief of the newspaper
    Khmer Amatak (Immortal Khmer), for publishing articles criticizing fees
    charged to scholarship applicants at the university. The articles
    claimed the fees were unfair and implied corruption might be involved.
    Kao Kim Hourn stated in his complaint that the editor failed to seek
    comment from the university for the articles and that the fees had a
    legitimate use in funding housing for scholarship recipients and paying
    teacher salaries. The case was withdrawn in August, after the editor
    wrote an apology to Kao Kim Hourn.
        On May 29, police from the Ministry of Interior's Internal Security
    Department arrested Leang Sokchoeun, an employee of a local human
    rights NGO, on charges of disinformation, allegedly in connection with
    a series of leaflet distribution activities in Takeo Province. The
    leaflets reportedly contained criticism of the relationship between the
    Government and Vietnam; the prosecutor claimed that the content was
    insulting to the Government and to former king Norodom Sihanouk. Leang
    maintained his innocence and said he had only a tenuous connection to
    others allegedly involved in the incident. On August 30, the Takeo
    Provincial Court convicted Leang and three others on disinformation
    charges and sentenced Leang to two years in prison. Leang's family
    appealed the verdict; at year's end, no date to hear the appeal had
    been set.
        On December 19, the Phnom Penh Municipal Court convicted Seng
    Kunnaka of the UN World Food Program in Phnom Penh and sentenced him to
    six months in prison. He was charged with incitement under article 495
    of the new penal code for printing and sharing a Web article critical
    of senior government officials. At year's end, Seng was serving his
    sentence in prison.
        There were developments in several 2009 cases during the year. On
    January 27, the Svay Rieng Provincial Court convicted Sam Rainsy in
    absentia on charges of inciting racial hatred and destruction of public
    property in connection with an October 2009 incident in which a group
    of villagers uprooted wooden stakes demarcating the border with
    Vietnam. The court sentenced Rainsy to two years in prison and a fine
    of eight million riels ($1,890). The court also convicted two villagers
    who participated in uprooting the border stakes and sentenced each to
    one year in prison. Rainsy and the villagers appealed the decisions. On
    October 5, the appeals court upheld the lower court verdict and
    sentence against Rainsy. The verdict against the villagers was also
    upheld, but the remainder of their one-year sentences was suspended,
    and the villagers were released after serving nearly 10 months in
    prison. Rainsy appealed his verdict to the Supreme Court; as of year's
    end, no trial date had been set.
        Also in January the Government granted permission for the pro-
    opposition newspaper Moneaksekar Khmer (Khmer Conscience) to resume
    publication after a six-month hiatus. The Government had accused editor
    Dam Sith of defamation, disinformation, and incitement but dropped the
    charges after Dam Sith apologized and closed the newspaper in June
    2009.
        On April 13, the Government agreed to the king's pardon of Hang
    Chakra, the publisher of the pro-opposition newspaper Khmer Machas Srok
    (Khmer Owners of the Land). Hang served nine months of a 12-month
    sentence for disinformation in connection with a series of articles
    that alleged corruption among Deputy Prime Minister Sok An's advisers
    and staff.
        On June 2, the Supreme Court upheld the defamation verdicts of the
    trial court and appeals court against opposition parliamentarian Mu
    Sochua. Prime Minister Hun Sen sued Mu in April 2009, stating that
    comments Mu made in a press conference and her subsequent efforts to
    attract international support defamed him. The court ordered Mu to pay
    a fine of eight million riels ($1,890) plus compensation to the prime
    minister of 8.5 million riels ($2,000), but Mu refused to pay. On July
    15, the Phnom Penh Municipal Court asked the National Assembly to dock
    Mu's salary as a lawmaker to cover the compensation owed to the prime
    minister; the National Assembly approved the request on July 29 and
    began deducting four million riels per month from Mu's salary. On
    August 9, the court issued a similar request to dock Mu's salary to
    cover the fine owed in the case, which also was approved.
        In a continuation of the 2008 defamation suit filed in France by
    Foreign Minister Hor Namhong against Sam Rainsy, on May 20, the French
    appeals court upheld the January 2009 guilty verdict against Rainsy and
    ordered him to pay 2,000 euros ($2,650) to the foreign minister.
        All major political parties had reasonable and regular access to
    the print media. All major Khmer-language newspapers received financial
    support from political parties and were politically aligned. There were
    an estimated 20 Khmer-language newspapers published regularly. In prior
    years at least four major newspapers supported opposition parties.
    During the year, due in part to financial difficulties, only one pro-
    opposition newspaper was publishing regularly. Another pro-opposition
    media outlet maintained a Web site but only sporadically published a
    newspaper. Although the three newspapers with the largest circulations
    were considered pro-CPP, most newspapers criticized the Government,
    particularly on corruption and land grabbing. The prime minister,
    royalist party leaders, and opposition party leaders frequently came
    under attack.
        The Government, military forces, and ruling political party
    continued to dominate the broadcast media and influence the content of
    broadcasts. There were nine domestic television stations and
    approximately 50 radio stations. All television stations and most radio
    stations were controlled or strongly influenced by the CPP, although a
    few were independent or aligned with other parties. On July 8, the pro-
    CPP Deum Ampil (Tamarind Tree) media outlet, which included a daily
    newspaper, Web site, and radio station, closed after a dispute between
    publisher Soy Sopheap and the outlet's principal financial backer.
    Several days later the financial backer, the owner of a large
    development company, opened a new progovernment media outlet under the
    name Nokor Wat Media Center.
        Journalists, publishers, and distributors were also subject to
    other forms of harassment and intimidation, including claims of illegal
    temporary detention, and most reporters and editors privately admitted
    to some self-censorship due to fear of government reprisals.
        In March, Rin Bora, a soldier from Battalion 503, seriously
    assaulted Reaksmey Kampuchea journalist Vong Thou for allegedly taking
    unfavorable photographs of gambling in the Poipet area. After the
    journalist filed a complaint with police, the perpetrator admitted the
    crime. The journalist dropped his complaint after Rin Bora apologized
    and paid civil compensation; the Government did not pursue criminal
    action after the civil complaint was dropped.
        The Government-controlled national television and radio stations
    broadcast live segments of the verdict in the first trial at the Khmer
    Rouge Tribunal (see section 5) and taped National Assembly sessions;
    however, in some instances National Assembly broadcasts were heavily
    edited. National radio and television stations broadcast some human
    rights, social action, public health, education, and civil society
    programming produced by domestic NGOs.

        Internet Freedom.--There were no reports that the Government
    monitored e-mail or Internet chat rooms. Individuals and groups could
    engage in the peaceful expression of views via the Internet, including
    by e-mail.
        According to the Ministry of Posts and Telecommunications, there
    were 173,675 Internet subscribers, approximately 1 percent of the total
    population. Most subscribers were in Phnom Penh and Siem Reap. In urban
    areas Internet access was widely available through Internet cafes.

        Academic Freedom and Cultural Events.--In general there were no
    legal impediments to academic freedom. However, scholars tended to be
    careful when teaching politically related subjects due to fear of
    offending politicians.
        In July the Ministry of Education banned two general knowledge
    textbooks by Pen Puthsphea. Both books contained questions and answers
    referring to corruption within government as an impediment to
    development in the country and alleged that the Government does not
    respect human rights. Police and other government authorities collected
    copies of the books on sale in bookstores and warned vendors not to
    display or sell the volumes. Pen stated that he received anonymous
    telephone threats.
        In contrast with 2009, there were no reports of government
    restrictions on cultural events.

        b. Freedom of Peaceful Assembly and Association.--Freedom of
    Assembly.--The constitution provides for freedom of peaceful assembly,
    but at times the Government did not respect this right in practice.
        On January 13, the Ministry of Education prohibited the assembly on
    school grounds of teachers, education officers, and school leaders to
    discuss social conditions or political topics. The order states that
    gatherings for such purposes are a violation of the national law on
    education.
        The law requires that a permit be obtained in advance of a protest
    march or demonstration. One provision requires five days' advance
    notice for most peaceful demonstrations, while another requires 12
    hours' notice for impromptu gatherings on private property or at the
    peaceful protest venue in each province and limits such gatherings to
    200 persons. By law provincial or municipal governments hold primary
    responsibility for deciding whether to issue demonstration permits. In
    practice, particularly in Phnom Penh, lower-level government officials
    believed the national government to be the deciding authority and
    denied requests unless the national government specifically authorized
    the gatherings. The Government routinely did not issue permits to
    groups critical of the ruling party or of countries with which the
    Government had friendly relations. Authorities cited the need for
    stability and public security as reasons for denying permits. However,
    the law does not define the terms stability or public security to
    assist authorities in implementing the law. Police forcibly dispersed
    groups that assembled without a permit, in some instances causing minor
    injuries to some demonstrators.
        On March 1, police from Phnom Penh's Dangkor District prevented a
    group of more than 100 villagers from marching to the prime minister's
    residence in Takhmao to draw attention to their continuing land dispute
    with Ministry of Interior official In Samon. Police arrested eight
    villagers, detaining them for hours and threatening imprisonment, until
    the villagers agreed to thumbprint documents dropping their complaints
    over the land. Observers from several human rights organizations also
    reported that police temporarily confiscated their cameras and deleted
    all pictures of the day's events before returning the cameras.
        On August 8, officials forcibly dispersed a gathering of more than
    50 villagers from Battambang Province who assembled in front of the
    prime minister's home in Phnom Penh to protest a land dispute between
    400 families and members of the military. Unidentified plainclothes
    officials dragged villagers from a park and forced them to board a bus
    chartered by the Government to return the villagers to Battambang. In
    some cases officials shoved and crushed villagers into the bus with
    little regard for safety. The bus then reportedly dropped the villagers
    nearly 20 miles from their community.
        During the year ADHOC reported 183 protests, most of which were
    related to land or labor disputes.

        Freedom of Association.--The constitution provides for freedom of
    association, and the Government generally respected this right in
    practice; however, the Government did not effectively enforce the
    freedom of association provisions of the law (see section 7.a.).
        Membership in the Khmer Rouge, which ruled the country from 1975 to
    1979 and after its overthrow conducted an armed insurgency against the
    Government, is illegal, as is membership in any armed group.

        c. Freedom of Religion.--For a complete description of religious
    freedom, please see the 2010 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 generally did not provide protection or
    assistance to internally displaced persons, refugees, returning
    refugees, asylum seekers, stateless persons, or other persons of
    concern, but it generally allowed humanitarian organizations to provide
    such protection and assistance. The Government cooperated with the UN
    High Commissioner for Refugees (UNHCR) to provide protection and
    assistance to Montagnard asylum seekers.
        The constitution prohibits forced exile, and the Government did not
    employ it.

        Protection of Refugees.--The country's laws provide for the
    granting of asylum or refugee status, and the Government has
    established a system for providing protection to refugees. In December
    2009 the Government issued a subdecree by which it assumed sole
    responsibility for the refugee-status determination process, taking
    final control of what had been a jointly managed process with the UNHCR
    since 2008. The UNHCR continued to provide training and other technical
    assistance, and it participated in interviews and made recommendations
    to the Government on asylum cases.
        A 2005 memorandum of understanding with the UNHCR and the
    Government of Vietnam to resolve the situation of Montagnards under
    UNHCR protection remained in effect. Asylum seekers who reached the
    UNHCR Phnom Penh office were processed with government cooperation.
    During the year two Montagnards and 47 other new arrivals sought
    asylum; in addition, two children were born to asylum seekers in the
    country, one Montagnard and one non-Montagnard. According to the UNHCR,
    12 Montagnards and two other refugees departed for a third country,
    while authorities returned seven rejected Montagnard asylum seekers to
    Vietnam. There were 65 Montagnards in the remaining UNHCR protection
    site in Phnom Penh, which was a limited-access site; Montagnard
    refugees and asylum seekers there under UNHCR protection could leave
    only with UNHCR permission and escort. According to the UNHCR, during
    the year no refugees requested local integration.
        The Government generally provided protection against the expulsion
    or return of refugees to countries where their lives or freedom would
    be threatened on account of their race, religion, nationality,
    membership in a particular social group, or political opinion.
        There were no reported cases of government abuse or mistreatment of
    refugees or asylum seekers, and restriction of movement was applied
    only in the case of the Montagnards under the special processing
    agreement.
        There were no developments in the case of the 20 Uighur asylum
    seekers forcibly deported to China in December 2009.

        Stateless Persons.--The country had habitual residents who were de
    facto stateless, and the Government did not effectively implement laws
    or policies to provide such persons the opportunity to gain
    nationality. Under the nationality law, citizenship may be derived by
    birth from a mother and father who are not ethnic Cambodians if both
    were born and living legally in Cambodia, or if either parent has
    acquired Cambodian citizenship.
        A 2007 study commissioned by the UNHCR estimated that several
    thousand potentially stateless persons lived in the country. However,
    the study's estimates came from anecdotal evidence from NGOs, and local
    UNHCR representatives did not consider the figure conclusive. The most
    common reason for statelessness was lack of proper documents from the
    country of origin.
        The UNHCR stated that the country's potentially stateless
    population included mostly ethnic Vietnamese. According to an NGO,
    individuals without proof of nationality often did not have access to
    formal employment, education, marriage registration, the courts, and
    land ownership.
    Section 3. Respect for Political Rights: The Right of Citizens to
            Change Their Government
        The constitution provides citizens the right to change their
    government peacefully, and citizens generally exercised this right in
    practice through periodic elections on the basis of universal suffrage.
    Suffrage is voluntary for all citizens age 18 years and older.

        Elections and Political Participation.--The most recent national
    elections, held in 2008 for the National Assembly, were peaceful
    overall, with a process that was generally considered an improvement
    over past elections. However, observers noted that the elections did
    not fully meet international standards. Although some election day
    irregularities persisted, they were low in number and did not appear to
    affect the outcome or distort the will of the electorate.
        In May 2009 the country held indirect elections for 374 provincial
    and 2,861 district council seats for the first time in its history as
    part of the Government's decentralization and deconcentration
    initiative. Voting was limited to the 11,353 commune councilors elected
    in the 2007 commune elections. The CPP won 302 provincial seats and
    2,249 district seats; the remainder were split among various royalist
    and opposition parties.
        Parties could register, and individuals were free to declare their
    candidacy without restrictions.
        Some NGOs and political parties alleged that membership in the
    dominant CPP party provided advantages, such as gifts or access to
    government emergency aid.
        Traditional culture limited the role of women in government;
    however, women took part in the May 2009 indirect provincial and
    district council elections. There were 28 women in the 123-seat
    National Assembly and nine women in the 61-seat Senate. There was a
    female deputy prime minister and 45 female ministers, secretaries of
    state, undersecretaries of state, and National Election Commission
    officials. Women also served as advisers, and there were 31 female
    judges and prosecutors in the municipal and provincial courts, appeals
    court, and Supreme Court. Although there were no female governors, the
    Government appointed women as deputy governors in all of the 23
    provinces and the Phnom Penh Municipality. The National Election
    Committee reported that women held 15 percent of commune council seats,
    13 percent of district council seats, and 10 percent of provincial
    council seats.
        There were five members of minorities--four Cham and one other
    ethnic minority--in the National Assembly. There also were three
    members of minorities in the Senate. At least eight officials in senior
    positions in the Government were from minority groups.
    Section 4. Official Corruption and Government 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.
        On January 20, the Government promulgated a new penal code that
    defines various corrupt acts and specifies the applicable penalties for
    such acts. The penal code entered into full effect on December 21. On
    April 17, the Government promulgated an anticorruption law, which
    provides the statutory basis for the establishment of a National
    Council against Corruption and an anticorruption unit to receive and
    investigate corruption complaints. Pursuant to the law, the Government
    appointed 11 council members in June. Fourteen investigators for the
    anticorruption unit were appointed in August, and it began receiving
    complaints the same month.
        Corruption was considered endemic and extended throughout all
    segments of society, including the executive, legislative, and judicial
    branches of government. There were reports that police, prosecutors,
    investigating judges, and presiding judges received bribes from owners
    of illegal businesses. Reported public experience with corruption was
    widespread, indicating many corrupt practices were not hidden. Meager
    salaries contributed to ``survival corruption'' among low-level public
    servants, while a culture of impunity enabled corruption to flourish
    among senior officials. In April the Phnom Penh Municipal Court
    convicted and sentenced a Justice Ministry official to eight years in
    prison for accepting bribes.
        Under the anticorruption law, public servants are subject to
    financial disclosure provisions.
        The National Archives Law allows unlimited access to informational
    documents in the public archive. However, the law grants access to
    other unspecified government documents only after 20 years, and
    documents affecting national security and preservation of personal
    lives may be released only after 40 and 120 years, respectively. Some
    NGOs reported that in practice it was difficult for them to access
    information; the Government frequently did not or could not answer
    requests for information.
    Section 5. Governmental Attitude Regarding International and
            Nongovernmental Investigation of Alleged Violations of Human
            Rights
        A variety of domestic and international human rights groups
    generally operated without government restriction, investigating and
    publishing their findings on human rights cases. Government officials
    often cooperated with human rights workers in performing their
    investigations; however, there were multiple reports of lack of
    cooperation and, in some cases, intimidation by local government
    officials.
        There were approximately 40 human rights NGOs in the country, but
    only a small portion of them were actively involved in organizing
    training programs or investigating abuses.
        Domestic and international human rights organizations faced threats
    and harassment from local officials. These took the form of
    restrictions on and disruptions of gatherings sponsored by NGOs, verbal
    intimidation, threats of legal action, and bureaucratic obstruction.
    NGO public interest lawyers reported being denied access to detained
    clients in some human rights abuse cases, and an NGO reported that
    government officials warned that the NGO's representatives might be
    charged with disinformation and incitement if they spoke to the media
    about the cases.
        On January 1, ADHOC employees returned to work in Ratanakiri
    Province, after they had departed in August 2009 following statements
    by a local judge that charges would be deferred if they left the
    province. No additional charges were filed against the workers upon
    their return, although an investigation continued in the land dispute
    involving local villagers, including original charges filed in 2009
    against the ADHOC employees.
        On December 15, the Government released for public comment a draft
    Law on Associations and Nongovernmental Organizations. International
    and domestic NGOs expressed significant concerns about the draft law,
    which includes language that imposes burdensome reporting requirements
    on NGOs, prevents associations with fewer than 21 members from
    attaining legal status, erects burdensome barriers to the registration
    of foreign NGOs, requires foreign NGOs to collaborate with the
    Government, and outlaws unregistered NGOs without adequate due
    diligence. Foreign governments expressed concern that the proposed law
    would greatly increase the Government's regulation of both civil
    society and foreign NGOs.
        There were no developments in the 2009 cases involving three
    employees of the local NGO Independent Democracy of Informal Economic
    Association and one Sam Rainsy Party commune councilor charged with
    incitement. All of those arrested remained free on bail and were
    awaiting trial; no date had been set by year's end.
        The Government cooperated with international governmental bodies
    and permitted visits by UN representatives. The UN special rapporteur
    for human rights in Cambodia, Surya Subedi, made visits in January and
    June, during which Subedi met with the prime minister and other senior
    government officials.
        The Government had three human rights bodies: two separate
    Committees for the Protection of Human Rights and Reception of
    Complaints--one under the Senate and another under the National
    Assembly--and a Cambodian Human Rights Committee that reported to the
    prime minister's cabinet. The committees did not have regular meetings
    or a transparent operating process. The Cambodian Human Rights
    Committee submitted government reports for participation in
    international human rights review processes, such as the Universal
    Periodic Review, and issued responses to reports by international
    government bodies, but it did not conduct independent human rights
    investigations. Credible human rights NGOs considered the Government
    committees to have limited efficacy.
        The Government hosted the hybrid Extraordinary Chambers in the
    Courts of Cambodia (ECCC), which was administered jointly with the UN
    to try Khmer Rouge leaders and those most responsible for the abuses of
    the Khmer Rouge period. There were no allegations of corruption in the
    court's administration during the year. Some observers believed that
    public comments by government leaders on matters related to the ECCC's
    jurisdictional mandate constituted a form of political interference;
    however, there was no evidence that the work of the court was inhibited
    in any way, and national authorities successfully fulfilled their
    responsibilities to apprehend and hand over to the tribunal all
    individuals indicted by the ECCC.
        On July 26, the ECCC convicted Kaing Guek Eav (alias Duch), the
    former Khmer Rouge director of the S-21 torture prison (Tuol Sleng) who
    was charged with crimes against humanity and grave breaches of the 1949
    Geneva Convention (war crimes), premeditated murder, and torture. The
    court sentenced him to 35 years in prison but subtracted five years to
    compensate for the period of unlawful detention that Duch spent in
    military detention. With 11 years already served, Duch therefore faced
    an additional 19 years in prison. The defense counsel announced it
    would appeal the verdict to the ECCC's Supreme Court Chamber, on the
    grounds that Duch does not fit into the category of persons over which
    the court has jurisdiction. The prosecution also submitted an appeal,
    on the grounds that the sentence was inadequate. On September 16, the
    court issued a closing order, or indictment, against the four other
    detained Khmer Rouge senior leaders charging them with crimes against
    humanity, war crimes, and genocide. The court also continued
    investigations of five unnamed persons.
    Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
        The constitution prohibits discrimination based on race, gender,
    disability, language, or social status; however, the Government did not
    generally protect these rights.

        Women.--The law prohibits rape and assault; nevertheless, local and
    international NGOs reported that violence against women, including
    domestic violence and rape, was common. Rape is a criminal offense and
    punishable by a prison sentence of between five and 10 years, according
    to the UNTAC law. A case of spousal rape may be prosecuted as ``rape,''
    ``causing injury,'' or ``indecent assault'' under the UNTAC law. Under
    the 2005 domestic violence law, spousal rape may fall within the
    definition of domestic violence that includes ``sexual aggression.''
    Charges for spousal rape cases under the UNTAC law and the domestic
    violence law were rare. The domestic violence law criminalizes domestic
    violence but does not specifically set out penalties. However, the
    UNTAC law on battery and injury can be used to penalize domestic
    violence offenses, with penalties ranging from two months' to five
    years' imprisonment.
        According to one NGO, there were 501 cases of rape and 546 cases of
    domestic violence during the year; courts tried 180 of these cases. A
    different NGO documented 162 cases of domestic violence affecting 164
    victims and 74 cases of rape affecting 76 victims in 13 provinces and
    Phnom Penh by the end of November. Five cases of domestic violence and
    three cases of rape resulted in the deaths of eight victims. During the
    year the Ministry of Interior's antitrafficking department investigated
    428 cases of violence against women and children, resulting in the
    arrest of 377 perpetrators and rescue of 423 victims. Of the 428 cases,
    328 were for rape and attempted rape. The ministry reported that three
    cases of rape resulted in the death of four victims. The number of
    cases likely underreported the scope of the problem, due to ineffective
    enforcement, inadequate crime statistics reporting, and the fact that
    women were afraid to make complaints against perpetrators. NGOs
    reported that enforcement of the domestic violence law was weak,
    authorities continued to avoid involvement in domestic disputes, and
    victims frequently were reluctant to pursue formal complaints.
        There were no developments in the November 2009 case of a 19-year-
    old woman reportedly raped by a police officer while another held her.
    Prosecution stalled, and the perpetrators remained free at year's end.
        The Government supported NGOs that provided training for poor women
    vulnerable to spousal abuse, prostitution, and trafficking. A local
    media center, an NGO, and the Ministry of Women's Affairs produced
    programming on women's matters. NGOs provided shelters for women in
    crisis.
        The Government used the 2008 Law on the Suppression of Human
    Trafficking and Sexual Exploitation to prosecute sex tourists.
        The labor law has provisions against sexual harassment in the
    workplace but does not specify penalties. There was no information on
    the rate of incidence.
        Couples and individuals could decide the number, spacing, and
    timing of their children, and they had the information and means to do
    so free from discrimination. Women had access to contraception and
    prenatal care as well as skilled attendance at delivery and postpartum
    care, but access was often limited due to income and geographic
    barriers. According to 2008 UN estimates, the maternal mortality ratio
    in 2008 was 290 deaths per 100,000 live births. Women were given equal
    access to diagnostic services and treatment for sexually transmitted
    infections, including HIV.
        The constitution provides for equal rights for women, equal pay for
    equal work, and equal status in marriage. However, a UN report
    criticized the continued teaching of a ``Women's Law'' in the primary
    school curriculum that it claimed legitimized an inferior role for
    women in society. For the most part, women had equal property rights,
    the same legal status to bring divorce proceedings, and equal access to
    education and some jobs; however, cultural traditions continued to
    limit the ability of women to reach senior positions in business and
    other areas. Women often were concentrated in low-paying jobs and were
    largely excluded from management positions. Men made up the vast
    majority of the military, police, and civil service.
        The Ministry of Women's Affairs, mandated to protect the rights of
    women and promote gender equality in society, continued its Neary
    Ratanak (Women as Precious Gems) program. The program aimed to improve
    the image of women through gender mainstreaming, enhanced participation
    of women in economic and political life, and protection of women's
    rights. Sixteen government ministries continued gender mainstreaming
    action plans with support from the UN Development Program and in close
    collaboration with the Ministry of Women's Affairs. The Government
    reported that women held 50 percent of wage employment jobs in
    agriculture and the industrial sector and 37 percent of jobs in the
    service sector, a benchmark set in the Government's 2006-10 National
    Strategic Development Plan. In the development plan for 2009-13, the
    Government set a new target of 50 percent for the women's share of wage
    employment in the service sector and committed to maintaining the
    current 50 percent ratio in the agricultural and industrial sectors.

        Children.--By law citizenship may be derived by birth from a mother
    and father who are not ethnic Cambodians if both parents were born and
    living legally in Cambodia or if either parent has acquired Cambodian
    citizenship. The Ministry of Interior administered a modernized birth
    registration system, but not all births were registered immediately,
    due principally to parents' delay. The system did not include special
    outreach to minority communities. In addition, children born from the
    mid-1970s to the mid-1990s often were not registered, a result of the
    Vietnam/Khmer Rouge occupation/civil war. Many of these unregistered
    persons who later had families of their own did not perceive a need for
    registration. It was common for young persons not to be registered
    until a need arose. The failure to register all births resulted in
    discrimination, including the denial of public services. A study
    commissioned by the UNHCR on statelessness in the country stated that
    the birth registration process often excluded children of ethnic
    minorities and stateless persons. NGOs that provided services to
    disenfranchised communities reported that children without birth
    registration and family books were often denied access to education and
    health care. They stated that later in life the same individuals may be
    unable to access employment, own property, vote, or use the legal
    system.
        Children were affected adversely by an inadequate educational
    system. Education was free, but not compulsory, through grade nine.
    Many children left school to help their families in subsistence
    agriculture, worked in other activities, began school at a late age, or
    did not attend school at all. The Government did not deny girls equal
    access to education; however, families with limited resources often
    gave priority to boys. According to international organization reports,
    school enrollment dropped sharply for girls after primary school.
    Schools in many areas were remote, and transportation was a problem.
    This especially affected girls, due to safety concerns in traveling
    between their homes and schools.
        Child abuse was believed to be common, although statistics were not
    available. Child rape remained a serious problem; during the year a
    local NGO reported 357 cases of rape and attempted rape committed
    against persons under age 18. Thirty-three of the cases involved
    children below age five, 76 involved children ages five to 10, and 248
    involved children ages 10 to 18. Sexual intercourse with a person under
    age 15 is illegal; however, child prostitution and trafficking in
    children occurred. During the year raids on brothels rescued underage
    girls trafficked for prostitution. The Ministry of Interior reported
    arrests of 19 foreign pedophiles during the year. Some children engaged
    in prostitution for survival without third-party involvement.
        In April the Phnom Penh Municipal Court convicted and sentenced a
    senior Justice Ministry official to eight years in prison for accepting
    large bribes in exchange for attempting to engineer the release of
    convicted Russian pedophile Alexander Trofimov on the pretense of
    extradition to Russia. The official reportedly counterfeited
    extradition papers and forged the signatures of the justice minister
    and prime minister.
        The Government offered limited, inadequate services to street
    children at a rehabilitation center. A domestic NGO estimated that more
    than 1,500 street children in Phnom Penh had no relationship with their
    families and an estimated 10,000 to 20,000 children worked on the
    streets but returned to families in the evenings. An estimated 500 to
    2,000 children lived with their families on the streets in Phnom Penh.
        The Ministry of Interior reported that at least 52 children under
    the age of six reportedly were living with their mothers in prison. A
    local NGO reported 47 such children in 19 prisons and claimed that the
    children were subjected to mistreatment by prison guards and faced
    physical dangers from adult criminal cellmates. The children generally
    lacked proper nutrition and education.
        The country is not a party to the 1980 Hague Convention on the
    Civil Aspects of International Child Abduction. For information on
    international child abduction, please see the Department of State's
    annual report on compliance at http://travel.state.gov/abduction/
    resources/congressreport/congressreport--4308.html.

        Anti-Semitism.--There was no known Jewish community in the country,
    and there were no reports of anti-Semitic acts.

        Trafficking in Persons.--For information on trafficking in persons,
    please see the Department of State's annual Trafficking in Persons
    Report at www.state.gov/g/tip.

        Persons With Disabilities.--The 2009 Law on the Protection and
    Promotion of the Rights of Persons with Disabilities prohibits
    discrimination, neglect, exploitation, or abandonment of persons with
    disabilities. It includes persons with mental illnesses and
    intellectual impairments in the definition of persons with disabilities
    and requires that public buildings and government services, including
    education, be accessible to persons with disabilities. The Ministry of
    Social Affairs holds overall responsibility for protecting the rights
    of persons with disabilities, although the law assigns specific tasks
    to other ministries, including the Ministries of Health, Education,
    Public Works and Transport, and National Defense. The Government
    requested that all television channels adopt sign language
    interpretation for programming; as of year's end, two major television
    stations had sign language interpretation, and the Ministry of
    Information was working with the other stations to develop such
    capabilities. The Government continued efforts to implement the law,
    although the full period for compliance in some cases extends to 2015.
    By year's end, the Council of Ministers had approved three of four
    subdecrees to support the law and was reviewing the fourth.
        Programs administered by various NGOs brought about substantial
    improvements in the treatment and rehabilitation of persons with
    disabilities, but they faced considerable societal discrimination,
    especially in obtaining skilled employment.
        There are no legal limitations on the rights of persons with
    disabilities to vote or participate in civic affairs, but the
    Government did not make any concerted effort to assist them in becoming
    more civically engaged. MOSAVY is responsible for making policy to
    protect the rights of persons with disabilities and for rehabilitation
    and vocational skills training for such persons.

        National/Racial/Ethnic Minorities.--The rights of minorities under
    the nationality law are not explicit; constitutional protections are
    extended only to ``Khmer people.'' Citizens of Chinese and Vietnamese
    ethnicity constituted the largest ethnic minorities. Ethnic Chinese
    citizens were accepted in society, but animosity continued toward
    ethnic Vietnamese, who were seen as a threat to the country and
    culture. Some groups, including political groups, continued to make
    strong anti-Vietnamese statements. They complained of political control
    of the CPP by the Vietnamese government, border encroachment, and other
    problems for which they held ethnic Vietnamese at least partially
    responsible.

        Indigenous People.--The Government often ignored efforts by
    indigenous communities to protect their ancestral lands and natural
    resources. Despite the 2001 land law requiring the registration of
    communal lands of indigenous people, little was done to implement
    communal land titling. NGOs called for a moratorium on land sales and
    land concessions affecting indigenous communities. International and
    local NGOs were active in educating the indigenous communities about
    the land registration process and providing legal representation in
    disputes. NGOs reported loss of agricultural space and livelihoods due
    to the increased granting of economic land concessions on indigenous
    land. The NGO Indigenous Rights Active Members reported that it had
    recorded 14 continuing land disputes involving minority groups.
        The Khao Chuly Group continued to clear land in Pech Chreada
    District, Mondulkiri Province, for a rubber plantation, despite
    disputes with local ethnic Phnong villagers. Approximately 800 families
    in Bou Sraa commune reported being affected by the plantation.
        There were no developments in the 2008 land concession case
    affecting members of the indigenous community of Kak Village in Ta Lav
    Commune, Andoung Meas District, Ratanakiri Province. NGOs reported that
    much of the area in the 17,000-acre economic land concession for a
    rubber plantation may be eligible for registration as indigenous
    community land under the law.
        There were no further developments in the 2008 case in Ratanakiri
    Province where the BVB Investment Company and members of one of the
    affected communities, Yeak Laom Commune, reached an agreement for land
    use. However, other communities in the area continued to raise concerns
    about the development of the land without consultation with the
    traditional indigenous landholders.

        Societal Abuses, Discrimination, and Acts of Violence Based on
    Sexual Orientation and Gender Identity.--There were no laws
    criminalizing homosexual acts, nor was there official discrimination
    against the lesbian, gay, bisexual, and transgender (LGBT) community,
    although some societal discrimination and stereotyping persisted,
    particularly in rural areas. In May several local businesses and NGOs
    hosted the sixth annual Phnom Penh Pride festival, a week-long series
    of events that highlighted the LGBT community.
        There were no reports of government discrimination based on sexual
    orientation in employment, statelessness, or access to education or
    health care. However, homosexual conduct was typically treated with
    fear and suspicion, and there were few support groups where such cases
    could have been reported.
        There were a few reports of private individuals refusing to employ
    or rent property to persons based on sexual orientation or gender
    identity.

        Other Societal Violence or Discrimination.--There was no official
    discrimination against those infected with HIV/AIDS. Societal
    discrimination against those infected with HIV/AIDS remained a problem
    in rural areas; however, discrimination was moderated by HIV/AIDS
    awareness programs.
    Section 7. Worker Rights

        a. The Right of Association.--The law permits private-sector
    workers to form and join trade unions of their own choice without prior
    authorization. Despite some improvement, enforcement of the law was
    poor. Membership in trade unions or employee associations is not
    compulsory, and workers are free to withdraw from such organizations,
    although a few unions attempted to intimidate workers who wanted to
    withdraw. Unions may affiliate freely, but the law does not explicitly
    address their right to affiliate internationally. Several local
    federations and confederations existed, such as the Cambodian
    Independent Teachers' Association (CITA), the National Independent
    Federation Textile Union of Cambodia, and others. These groups also
    affiliated internationally with trade unions, such as the International
    Textile, Garment, and Leather Workers' Federation, the International
    Trade Union Confederation, and others. While the law applies to foreign
    workers, it does not apply to civil servants, including teachers,
    judges, and military personnel, or to domestic workers.
        Approximately 5 percent of the labor force, estimated to be 8.8
    million persons, was unionized. Unions were concentrated in the garment
    and footwear industries, where approximately 60 percent of the
    estimated 363,200 workers were union members. The Cambodian Tourism and
    Service Workers Federation reported that it represented approximately
    3,750 hotel, casino, and airport workers. There were more than 1,944
    registered factory-level unions, 44 union federations and associations,
    and eight union confederations; the majority were aligned with the
    Government, and nine were independent.
        Few agricultural workers belonged to unions. The Farmers
    Association for Peace and Democracy had 1,000 members, and the
    Cambodian Federation of Independent Trade Unions, which organizes
    rubber plantation workers in addition to garment and shoe workers, had
    an unknown number of members who worked on rubber plantations.
        CITA, registered as an ``association'' due to prohibitions on
    public-sector unions, represented 9,300 of the country's 104,610
    teachers. CITA's requests for marches and other protests were
    frequently denied, although the union reported no direct government
    interference in day-to-day activities. Some CITA members feared that
    affiliation with the teachers association could hamper their chance of
    career advancement.
        Another public-sector association, the Cambodian Independent Civil
    Servants Association (CICA), represented approximately 1,600 officials
    of 177,000 civil servants nationwide. CICA leaders alleged that fears
    of harassment, discrimination, or demotion prevented other civil
    servants from joining.
        Union strength waned during the year, and many unions were unable
    to represent member interests adequately due to insufficient resources,
    training, and experience. In addition, corruption plagued the ranks of
    unions, employers, and government officials, hampering legitimate
    industrial relations. Violence, harassment, and intimidation between
    rival unions were common. Union leaders from across the political
    spectrum complained that the pro-government Khmer Youth Federation of
    Trade Unions habitually threatened and harassed workers from other
    unions.
        On November 2, the Supreme Court ordered a reinvestigation into the
    2007 killing of local union leader Hy Vuthy and returned the case to
    the lower court. Two men on a motorbike reportedly shot Hy, president
    of the Suntex garment factory chapter of the Free Trade Union of
    Workers in the Kingdom of Cambodia, while he was walking home from his
    factory shift. Police had made no arrests, and lower courts had ordered
    the case dismissed.
        In February 2009 the appeals court upheld the 2005 conviction of
    Thach Saveth for killing union leader Ros Sovannareth in 2004. Thach
    Saveth appealed to the Supreme Court (see section 1.e.).
        In August 2009 the appeals court ruled to reinvestigate the case of
    the 2004 killing of labor union leader Chea Vichea. In 2008 the Supreme
    Court provisionally released the two suspects convicted of the crime
    (see section 1.e.).
        Although the law provides for the right to strike and protections
    from reprisal, requirements to conduct a lawful strike are cumbersome.
    The law stipulates that strikes can be held only after several
    requirements have been met, including the failure of other methods of
    dispute resolution (such as negotiation, conciliation, or arbitration),
    a secret-ballot vote of union membership, and a seven-day advance
    notice to the employer and the Ministry of Labor and Vocational
    Training (MOLVT). There is no law prohibiting strikes by civil
    servants, workers in public sectors, or workers in essential services.
        The MOLVT reported that 13 strikes occurred in the Phnom Penh area
    in the first seven months of the year. The Garment Manufacturers
    Association of Cambodia reported 30 strikes nationwide during the same
    period. International observers, employers, and many union leaders
    agreed that almost no strikes fulfilled all prestrike legal
    requirements. Although some unions complained of a lack of MOLVT
    involvement, the MOLVT resolved approximately 50 percent of the
    disputes.
        The Government allowed most strikes held at factories but denied
    worker requests to hold protest marches outside the factory area.
    Police intervention in strikes generally was minimal and restrained,
    even in those cases where property damage occurred.
        On January 15, four garment workers protesting the dismissal of
    their three union leaders from Tage factory were injured in a scuffle
    with riot police but not seriously. During the year an estimated 900
    workers protested the January 8 dismissal of the union leaders.
        On June 21, approximately 2,000 workers at the Ocean garment
    factory protested in front of the factory, demanding the reinstatement
    of seven union representatives who were dismissed after they opposed
    the introduction of overtime hours. Mann Seng Hak, secretary general of
    the Free Trade Union of Workers of the Kingdom of Cambodia, claimed the
    factory owner violated the law by suspending union representatives
    before submitting such action for MOLVT approval.
        On July 27, two female garment workers were injured after
    approximately 50 police tried to force an estimated 3,000 striking
    workers to end a week-long strike at the PCCS garment factory. A local
    police chief denied allegations that police used excessive force to
    break up the strike, adding that police only pushed workers back inside
    the factory compound.
        In spite of legal provisions protecting strikers from reprisals,
    there were credible reports that workers were dismissed on spurious
    grounds after organizing or participating in strikes. While most
    strikes were illegal, participating in an illegal strike was not by
    itself a legally acceptable reason for dismissal. In some cases
    employers pressured strikers to accept compensation and leave their
    employment. There are potential remedies for such dismissals, although
    none was particularly effective. The MOLVT may issue reinstatement
    orders, but these often provoked management efforts to pressure workers
    into resigning in exchange for a settlement. Collective disputes, such
    as when multiple employees are dismissed, may be brought before the
    Arbitration Council for a decision. Parties may choose if decisions are
    binding or nonbinding; if neither party objects to the arbitral award
    within eight days of its being issued, it automatically becomes
    binding. Individual disputes may be brought before the courts, although
    the judicial system was neither impartial nor transparent. Some unions
    urged the Government to expand the role of the Arbitration Council to
    include individual and collective interest disputes and to make its
    decisions binding.
        On May 1, Ath Thorn, president of the Cambodian Labor Confederation
    and the Coalition of Cambodian Apparel Workers Democratic Union, led
    several thousand workers in a demonstration advocating numerous
    concessions by industry and the Government, including an increase of
    the garment-worker minimum wage and implementation of health-care and
    pension systems for garment workers. The march was peaceful, without
    any confrontation with police. In a separate event, participants in a
    300-strong march led by Rong Chhun, president of the Cambodian
    Confederation of Unions and CITA, scuffled briefly with police due to a
    disagreement over the route of the march. Later the same evening,
    police prevented Rong Chhun and his colleagues from showing a film
    documentary in a public park about the killing of labor leader Chea
    Vichea. The documentary had not been authorized by the Ministry of
    Culture and Fine Arts, and municipal officials denied a permit for the
    screening. Police removed the screen that Rong Chhun and his supporters
    erected in the park and prevented its replacement.
        On September 13, garment workers launched a five-day strike to
    protest the minimum wage increase approved in July (see section 7.e.),
    which some union leaders contended was insufficient to combat the
    rising cost of living in and around Phnom Penh. Authorities publicly
    agreed to allow the strike to proceed. There were minimal reports of
    individual violence perpetrated by both workers and police; however,
    employers filed a large number of civil complaints against union
    leaders and workers that resulted in court injunctions and suspensions.
    On September 16, the unions involved called off the strike after the
    Government offered to broker a solution between workers and employers.
    The majority of workers returned to their jobs, but employers were
    reluctant to negotiate outstanding problems, including the return of
    379 workers who remained suspended during the year.

        b. The Right to Organize and Bargain Collectively.--The law
    provides for the right to organize and bargain collectively, but the
    Government's enforcement of these rights was inconsistent. Collective
    bargaining agreements existed within the garment and hotel industry and
    with contract workers at the two international airports.
        There were 55 collective bargaining agreements registered with the
    MOLVT during the year. However, these were not comprehensive
    agreements, but rather simple agreements covering a few points on wage-
    related matters.
        A regulation establishes procedures to allow unions to demonstrate
    that they represent workers for purposes of collective bargaining. The
    regulation also establishes requirements for employers and unions
    regarding collective bargaining and provides union leaders with
    additional protection from dismissal. The law requires trade unions and
    employers' organizations to file charters and lists of officials with
    the MOLVT. The Bureau of Labor Relations is responsible for
    facilitating the process of union registration and certification of
    ``most representative status'' for unions, which entitles a union
    representing an absolute majority of workers in a given enterprise to
    represent all the workers in that establishment.
        Enforcement of the right of association and freedom from antiunion
    discrimination was inconsistent. Acts of union discrimination by the
    employer often went unpunished. Government enforcement of rights was
    hampered by a lack of political will and by confused financial and
    political relationships among employers and union leaders. The
    Government also suffered from a lack of resources, including trained,
    experienced labor inspectors, in part because it did not pay officials
    adequate salaries. The MOLVT often decided in favor of employees but
    rarely used its legal authority to penalize employers who defied its
    orders, instead referring many cases to the Arbitration Council.
        There were credible reports of antiunion harassment by employers,
    including the dismissal of union leaders, in garment factories and
    other enterprises. By year's end approximately 40 union leaders were
    dismissed or suspended without cause. In some factories persons
    employed in management appeared to have established their own unions,
    supported promanagement unions, or compromised union leaders through
    efforts to jeopardize their employment.
        Prominent independent and opposition union leaders reported
    receiving veiled threats of violence. Four union leaders affiliated
    with the Free Trade Union of Workers in the Kingdom of Cambodia were
    injured by enforcers hired by factory management, and one was beaten by
    a Chinese supervisor. Both independent and progovernment union leaders
    were injured by unidentified assailants. In two cases, nine union
    leaders were threatened with suits or sued for defamation, perjury,
    inciting workers to strike, destroying private property, and attempting
    to incite workers to commit assault. On several occasions dismissed
    union leaders accepted cash settlements after unsuccessfully appealing
    to the Government to enforce laws requiring their reinstatement.
        During the year the MOLVT formally warned 404 companies of legal
    violations. The MOLVT sent 86 cases of unresolved labor disputes to the
    Arbitration Council. The Arbitration Council received 145 cases from
    across the country, of which approximately 70 percent were successfully
    resolved. One hundred forty-five cases were completed, with 104
    arbitral awards and 30 agreements between the parties during the
    process; 11 cases were pending. Of 104 awards, 58 were opposed by one
    of the parties--45 by employers and 13 by workers.
        There are no special laws or exemptions from regular labor laws in
    export processing zones (known as special economic zones).

        c. Prohibition of Forced or Compulsory Labor.--The law prohibits
    forced or compulsory labor, but there were reports that such practices
    occurred in domestic service and other, almost exclusively informal-
    sector, activities. Also see the Department of State's annual
    Trafficking in Persons Report at www.state.gov/g/tip.

        d. Prohibition of Child Labor and Minimum Age for Employment.--The
    law provides protections for children from exploitation in the
    workplace; however, enforcement was often weak. The law establishes 15
    years as the minimum age for employment and 18 years as the minimum age
    for hazardous work. The law permits children between 12 and 15 to
    engage in ``light work'' that is not hazardous to their health and does
    not affect school attendance.
        Child labor was widespread in agriculture, brick making, salt
    production, shrimp processing, fishing, domestic service, and on rubber
    plantations. Child labor was also reported in the formal sector but to
    a much lesser extent. According to a 2006 study conducted by the World
    Bank and others, more than 750,000 economically active children were
    below the absolute minimum working age of 12. An additional 500,000
    children (12 to 14 years old) conducting non-light economic activity
    were below the minimum age for this type of work. According to the
    report, more than 250,000 children ages 15 to 17 worked more than 43
    hours per week or in hazardous sectors. An expert from the ILO's
    International Program on the Elimination of Child Labor stated that the
    number of children working in hazardous work conditions rose to
    approximately 300,000 during the year. Three-quarters of economically
    active children were in the agriculture sector, 15 percent in commerce,
    5 percent in small-scale manufacturing, and 2 percent in services.
        According to a 2007 report, a total of 21,266 child domestic
    workers were found in Phnom Penh and the three provinces of Battambang,
    Kampong Cham, and Siem Reap. The children typically did not attend
    school, worked long hours with no medical benefits, and received little
    or no pay. On February 19, the Phnom Penh Municipal Court sentenced
    schoolteacher Meas Nary to 20 years in prison--the maximum permitted
    under the human trafficking law--for her role in detaining and abusing
    her 11-year-old ward, whom she used as a domestic servant. Meas'
    husband, Var Savoeun, received a 10-year term. A relative of the child,
    Thoeung Reth, who sold her to the Phnom Penh couple, was sentenced to
    five years in prison on trafficking charges.
        On June 11, police arrested a Koh Kong woman for forcing her 12-
    year-old stepson to scavenge for money and allegedly beating him if he
    did not earn enough. The intentional battery and assault charges carry
    potential prison terms of between two months and five years. At year's
    end, the case was pending in court.
        The MOLVT has responsibility for child labor inspection in both the
    formal and informal sectors of the economy, but its labor inspectors
    played no role in the informal sector or in enforcing the law in
    illegal industries, such as unregistered garment factories operating
    without a license from the MOLVT and the Ministry of Commerce. Within
    the formal sector, labor inspectors conducted routine inspections of
    some industries, such as garment manufacturing (where the incidence of
    child labor was negligible), but in some industries with the highest
    child-labor risk, labor inspections were entirely complaint-driven.
        The constitution prohibits forced or bonded child labor; however,
    forced child labor was a serious problem. Widespread corruption, lack
    of transparency, inadequate resources, and staffing shortages remained
    the most challenging obstacles. For more information on forced child
    labor, see also see the Department of State's annual Trafficking in
    Persons Report at www.state.gov/g/tip.

        e. Acceptable Conditions of Work.--The law requires the MOLVT to
    establish a garment-sector minimum wage based on recommendations from
    the Labor Advisory Committee. On July 8, the committee agreed to
    increase the minimum wages for garment workers to $61 per month from
    $50 per month for regular workers and $56 per month from $45 per month
    for probationary workers. The new minimum monthly wages include an
    existing $6 cost-of-living allowance, which workers began receiving in
    2008. The new wages came into effect on October 1 and were scheduled to
    remain in force until 2014. Workers and union leaders claimed
    prevailing monthly wages in the garment sector and many other
    professions were insufficient to provide a worker and family with a
    decent standard of living, although garment-sector wages were generally
    higher than wages in the informal economy. The vast majority of
    employers in garment factories paid the minimum wage to permanent
    workers, although temporary and other such workers often were paid
    less. The law does not mandate a minimum wage for any other industry.
        The law provides for a standard legal workweek of 48 hours, not to
    exceed eight hours per day. The law establishes a rate of 130 percent
    of daytime wages for nightshift work and 150 percent for overtime,
    which increases to 200 percent if overtime occurs at night, on Sunday,
    or on a holiday. Employees are allowed to work up to two hours of
    overtime each day. However, the Government did not enforce these
    standards effectively. Workers reported that overtime was excessive and
    sometimes mandatory. Similarly, outside the garment industry,
    regulations on working hours were rarely enforced. Involuntary overtime
    remained a problem, although the practice decreased during the year.
    Employers used coercion to force employees to work. Workers often faced
    fines, dismissal, or loss of premium pay if they refused to work
    overtime.
        The law states that the workplace should have health and safety
    standards adequate to provide for workers' well-being. The Government
    enforced existing standards selectively, in part because it lacked
    trained staff and equipment. The MOLVT's Department of Labor Inspection
    was the primary enforcement agency, and during the year it issued 404
    warnings about labor law violations to companies. The agency appeared
    to conduct proactive inspections, but endemic corruption hindered the
    efficacy of such inspections. Work-related injuries and health problems
    were common. Most large garment factories producing for markets in
    developed countries met relatively high health and safety standards as
    conditions of their contracts with buyers. Working conditions in some
    small-scale factories and cottage industries were poor and often did
    not meet international standards. Penalties are specified in the law,
    but there are no specific provisions to protect workers who complained
    about unsafe or unhealthy conditions. Workers have the right to remove
    themselves from situations that endangered health or safety without
    jeopardy to their employment, but those who did so possibly risked loss
    of employment.
        Personnel in the air and maritime transportation industries are not
    entitled to the full protections of the law. Articles 1 and 283 apply
    to the specific cases of these industries instead, but workers in these
    industries are free to form unions.
        On April 29, the International Labor Organization issued a report
    which estimated that more than 1,500 workers were killed annually by
    work-related accidents. Work-related accidents happened frequently in
    construction, brick making, fishing, the garment industry, and
    enterprises not complying with labor standards or with improperly
    installed safety systems. On April 30, more than 350 government
    officials, employers, and workers observed World Day for Occupational
    Health and Safety in Kampot Province. The event was aimed at
    understanding the risks of occupational health and safety and
    preventing work-related accidents.
        On June 2 and 3, approximately 50 workers fainted at a Chinese-
    owned shoe factory Tiger Wing, located in the outskirts of Phnom Penh.
    Police claimed that the incidents were caused by workers' poor health,
    while a district official stated that chemical fumes from shoe glue
    caused the mass fainting. Health department officials ruled that the
    workers fainted due to heat exhaustion.
        On July 4, authorities ordered the temporary closure of the Pine
    Great Cambodia Garment factory in the capital's Meanchey District after
    47 of its employees fainted while they were working. A commune chief
    reported an additional 50 workers complained of headaches after
    returning home from their shifts. The deputy director of the
    Occupational Health Department denied chemicals could cause such an
    incident.

                                   __________

                        CHINA, THE PEOPLE'S REPUBLIC OF

        The section for Tibet, the report for Hong Kong, and the report for
    Macau are appended below.)
        The People's Republic of China (PRC), with a population of
    approximately 1.3 billion, is an authoritarian state in which the
    Chinese Communist Party (CCP) constitutionally is the paramount
    authority. Party members hold almost all top government, police, and
    military positions. Ultimate authority rests with the 25-member
    Political Bureau (Politburo) of the CCP and its nine-member Standing
    Committee. Hu Jintao holds the three most powerful positions as CCP
    general secretary, president, and chairman of the Central Military
    Commission. Civilian authorities generally maintained effective control
    of the security forces.
        A negative trend in key areas of the country's human rights record
    continued, as the Government took additional steps to rein in civil
    society, particularly organizations and individuals involved in rights
    advocacy and public interest issues, and increased attempts to limit
    freedom of speech and to control the press, the Internet, and Internet
    access. Efforts to silence political activists and public interest
    lawyers were stepped up, and increasingly the Government resorted to
    extralegal measures including enforced disappearance, ``soft
    detention,'' and strict house arrest, including house arrest of family
    members, to prevent the public voicing of independent opinions. Public
    interest law firms that took on sensitive cases also continued to face
    harassment, disbarment of legal staff, and closure.
        Individuals and groups, especially those seen as politically
    sensitive by the Government, continued to face tight restrictions on
    their freedom to assemble, practice religion, and travel. The
    Government continued its severe cultural and religious repression of
    ethnic minorities in Xinjiang Uighur Autonomous Region (XUAR) and
    Tibetan areas. Abuses peaked around high-profile events, such as the
    awarding of the Nobel Peace Prize to democracy activist Liu Xiaobo and
    sensitive anniversaries.
        As in previous years, citizens did not have the right to change
    their government. Principal human rights problems during the year
    included: extrajudicial killings, including executions without due
    process; enforced disappearance and incommunicado detention, including
    prolonged illegal detentions at unofficial holding facilities known as
    ``black jails''; torture and coerced confessions of prisoners;
    detention and harassment of journalists, writers, dissidents,
    petitioners, and others who sought to peacefully exercise their rights
    under the law; a lack of due process in judicial proceedings, political
    control of courts and judges; closed trials; the use of administrative
    detention; restrictions on freedoms to assemble, practice religion, and
    travel; failure to protect refugees and asylum-seekers; pressure on
    other countries to forcibly return citizens to China; intense scrutiny
    of, and restrictions on, nongovernmental organizations (NGOs);
    discrimination against women, minorities, and persons with
    disabilities; a coercive birth limitation policy, which in some cases
    resulted in forced abortion or forced sterilization; trafficking in
    persons; prohibitions on independent unions and a lack of protection
    for workers' right to strike; and the use of forced labor, including
    prison labor. Corruption remained endemic.
                            respect for human rights
    Section 1. Respect for the Integrity of the Person, Including Freedom
            From:

        a. Arbitrary or Unlawful Deprivation of Life.--During the year
    security forces reportedly committed arbitrary or unlawful killings. No
    official statistics on deaths in custody were available. In April 2009
    the Supreme People's Procuratorate (SPP) disclosed that at least 15
    prisoners died ``unnatural deaths'' under unusual circumstances as of
    the 2009 disclosure. According to a Chinese press report, seven of the
    prisoners died of beatings, three were classified as suicides, two were
    described as accidents, and three remained under investigation.
        On March 8, Zhou Lingguang, a Huazhou, Guangdong Province native
    died while in detention in Guangzhou. Zhou had been remanded to one
    year of reeducation through labor (RTL) in 2009 for gambling, but due
    to space limitations had been transferred to a Juvenile Detention
    Center. According to prison officials, Zhou's heart ``abruptly stopped
    beating.'' Family members questioned the official explanation, and
    demanded an independent autopsy. When the family viewed Zhou's body,
    they reported his corpse was covered except for the head and that he
    was enclosed in a glass case. They were not permitted to take
    photographs. Prison officials refused the family's request to release
    surveillance footage.
        On March 31, Yang Xiuan, an inmate serving a mandatory drug
    rehabilitation sentence died in a treatment center in Ziyang, Sichuan
    Province. A center official said he had died of natural causes, but his
    family doubted the official cause of death claiming that when they saw
    Yang's body his face was badly bruised.
        On May 3, authorities notified Fu Changping's family that he died
    in an RTL facility in Jixi, Heilongjiang Province. Although facility
    officials claimed he died ``normally,'' Fu's family said his body was
    covered in cuts and bruises. Medical records from when Fu entered the
    camp weeks earlier noted Fu was in good health. Authorities threatened
    to withhold compensation for Fu's death if the family continued to
    suggest Fu was murdered.
        On August 8, detainee Ren Aiguo was discovered dead in a detention
    center located in Heshun County, Jinzhong, Shanxi Province. An
    inspection team organized by local officials ruled the death a suicide.
    Ren's family challenged the ruling, claiming inspectors failed to
    properly investigate the death and ignored critical questions. The
    family questioned the lack of surveillance footage, although the room
    in the detention center where Ren was found was equipped with a video
    camera. The inspection team claimed the monitoring equipment in the
    facility had been out of service.
        There were no known developments in the 2009 deaths in custody of
    Lin Guojiang, Li Qiaoming, Li Wenyan, all of whom died under suspicious
    or unexplained circumstances, or regarding the allegation that Tibetan
    monk, Phuntsok Rabten, was beaten to death by police.
        In June Guangxi Litang Prison authorities reported the April 2009
    death of He Zhi, a Falun Gong practitioner who was sentenced to eight
    years' imprisonment in 2005. Authorities at Guangxi Litang Prison,
    where many Falun Gong practitioners reportedly are imprisoned, stated
    the cause of death was ``falling from bed,'' but He's brother claimed
    he found other injuries and bruises on He's body.
        According to a media report, Yu Weiping, an inmate at Rushan
    Detention Center in Weihai, Shandong Province, died in November 2009.
    His family found small holes in his chest and bruises on his body.
    Authorities told the family the holes were scars left from pimples;
    however, an autopsy revealed that sharp objects pierced Yu's chest,
    rupturing his heart. The family reported the death to the Weihai Public
    Security Bureau and demanded an investigation. By year's end there was
    no reported response.
        According to official media reports, 197 persons died and 1,700
    were injured during the July 2009 rioting in Urumqi. In November 2009
    eight ethnic Uighurs and one ethnic Han were executed without due
    process for crimes committed during the riots. At year's end 26 persons
    had been sentenced to death; nine others reportedly received suspended
    death sentences. Of these, three were reportedly ethnic Hans and the
    rest were Uighurs. In April a Uighur woman became the second woman
    sentenced to death for involvement in the violence. In December Uighur
    journalist Memetjan Abdulla was sentenced to life in prison for
    transmitting information about the riots because he translated an
    article from a Chinese-language Web site and posted it on a Uighur-
    language Web site. China Daily reported that, according to the
    president of the XUAR Supreme People's Court, courts in the XUAR had
    tried 376 individuals in 2010 for ``crimes against national security''
    and their involvement in the July 2009 violence.
        Defendants in criminal proceedings were executed following
    convictions that sometimes lacked due process and adequate channels for
    appeal.

        b. Disappearance.--According to a January NGO report and media
    accounts, Guo Yongfeng, a Shenzhen democracy activist and organizer of
    the Citizens' Association for Government Oversight, disappeared in
    September 2009 after being called in to a police station for
    questioning. Friends of Guo claimed that he had been sentenced to 18
    months' detention in an RTL camp; however, security officials would
    neither confirm nor deny this claim.
        In February 2009 authorities detained rights lawyer Gao Zhisheng,
    who had represented Christians and Falun Gong practitioners. At year's
    end his whereabouts and legal status remained unknown. According to NGO
    and media reports, he was seen in his hometown in August 2009 under
    heavy police escort. Gao was seen briefly in Beijing in March and
    April, but subsequently disappeared again.
        In an October 2009 report, the NGO Human Rights Watch documented
    the disappearances of hundreds of Uighur men and boys following the
    July 2009 protests in Urumqi.
        On July 7, authorities released underground Catholic bishop Julius
    Jia Zhiguo of Zhengding, Hebei Province, who had been detained since
    March 2009.
        The whereabouts of underground Catholic priests Zhang Li and Zhang
    Jianlin, from Zhangjiakou, Hebei Province, whom authorities detained in
    2008, remained unknown.
        At year's end the Government had not provided a comprehensive,
    credible accounting of all those killed, missing, or detained in
    connection with the violent suppression of the 1989 Tiananmen
    demonstrations. In October the Duihua Foundation, an international
    human rights NGO, estimated that fewer than a dozen continued to serve
    sentences for offenses committed during the demonstration, although
    other estimates were higher. Many activists who were involved in the
    demonstrations continued to suffer from official harassment.

        c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
    Punishment.--The law prohibits the physical abuse of detainees and
    forbids prison guards from extracting confessions by torture, insulting
    prisoners' dignity, and beating or encouraging others to beat
    prisoners. On July 1, new rules went into effect excluding evidence,
    including confessions, obtained under torture in certain categories of
    criminal cases. However, during the year there were reports that
    officials used electric shocks, beatings, shackles, and other forms of
    abuse.
        In July the Ministry of Public Security (MPS) ordered local police
    officials to cease parading criminal suspects in public and called on
    local departments to enforce laws in a ``rational, calm, and civilized
    manner.'' The new regulations were a response to the public outcry over
    ``shame parades,'' in which individuals suspected of being prostitutes
    were shackled and paraded in public. According to press reports, in
    July, prior to the MPS order, police in Dongguan, Guandong Province,
    forced arrested women in prostitution to parade in the streets barefoot
    and handcuffed and published their photos on the Internet.
        On May 30, the Supreme People's Court, the SPP, the MPS, the
    Ministry of State Security, and the Ministry of Justice issued
    regulations regarding the use of evidence in criminal cases. In July
    the lawyer for Chongqing businessman Fan Qihang revealed evidence that
    Fan was tortured while in custody in June 2009 on corruption charges.
    Despite the new regulations that evidence obtained through torture
    could not be used as a basis for judgment in a criminal case, Fan was
    executed in September.
        Henan activist Liu Shasha stated that on July 16 she was kidnapped
    outside People's University in Beijing. She identified those
    responsible as Beijing security officials and officials from Tongbai
    County, Henan Province, who hooded her and drove her to an unknown
    location outside Beijing. There, she said, her hands were bound and she
    was beaten. Liu's cell phone and bank card were taken, and she was
    dropped off in Ci County, outside Handan, Hebei Province. She returned
    to Beijing on July 18, and filed a police report regarding the
    incident.
        On July 8, lawyers met with imprisoned activist Guo Feixiong (aka
    Yang Maodong) in Guangdong Province's Meizhou Prison. During the
    meeting, Guo presented the lawyers a copy of a document stating his
    reasons for seeking a review of the judgment, including that he was
    subjected to torture during the investigation of his case.
        According to a July 7 NGO report, democracy activist Xu Wanping,
    who founded the China Action Party after the 1989 Tiananmen massacre
    and was serving a 12-year sentence for ``inciting subversion of state
    power,'' was repeatedly subjected to solitary confinement in Yuzhou
    Prison, Jiangbei District, Chongqing. The longest period of such
    confinement reportedly lasted 11 months. Xu's mental and physical
    health have deteriorated, and he reportedly has not received adequate
    medical attention while incarcerated. Xu has been denied release on
    medical parole.
        In March lawyer Gao Zhisheng revealed to journalists that he had
    been tortured during a period of illegal detention beginning in
    February 2009 (see section 1.b.).
        According to an NGO report, Shen Pailan, a Shanghai-based activist
    and petitioner was tortured and beaten while in detention between March
    24 and April 9. On March 24, Shen was kidnapped by employees of the
    Maqiao municipal government in Minhang District, Shanghai. While
    detained at a hotel, Shen was tortured and beaten. Shen was later
    transferred to Zhuanqiao Town Police Station and then to Minhang
    District Detention Center, where the police announced that she would be
    subjected to 15 days of administrative detention and fined RMB 500
    (approximately $75) for ``assault.''
        According to a November 2009 Human Rights Watch report, in March
    2009 An Weifeng was released for medical treatment from Bancheng Prison
    in Chengde, Henan Province, after being severely beaten and subjected
    to torture by police.
        In November 2008 the UN Committee Against Torture (UN CAT) stated
    its deep concern about the routine and widespread use in the country of
    torture and mistreatment of suspects in police custody, especially to
    extract confessions or information used in criminal proceedings. UN CAT
    also acknowledged government efforts to address the practice of torture
    and related problems in the criminal justice system. Many acts of
    torture allegedly occurred in pretrial criminal detention centers or
    RTL centers. Sexual and physical abuse and extortion occurred in some
    detention centers.
        There were widespread reports of activists and petitioners being
    committed to mental health facilities and involuntarily subjected to
    psychiatric treatment for political reasons. According to China News
    Weekly, the MPS directly administers 22 high-security psychiatric
    hospitals for the criminally insane (also known as ankang facilities).
    From 1998 to May 2010, more than 40,000 persons were committed to
    ankang hospitals. In May an MPS official stated in a media interview
    that detention in ankang facilities was not appropriate for patients
    who did not demonstrate criminal behavior. However, political
    activists, underground religious believers, persons who repeatedly
    petitioned the Government, members of the banned Chinese Democracy
    Party (CDP), and Falun Gong adherents were among those housed with
    mentally ill patients in these institutions. Regulations governing
    security officials' ability to remand a person to an ankang facility
    were not clear, and detainees had no mechanism for objecting to claims
    of mental illness by security officials. Patients in these hospitals
    reportedly were medicated against their will and forcibly subjected to
    electric shock treatment.
        According to a June 29 NGO report, Liao Meizhi was detained in
    February by individuals allegedly engaged by the Qianjiang Bureau of
    Health and the Laoxin Town Public Health Clinic while she was in
    petitioning with family members. She subsequently was committed to a
    psychiatric hospital. Liao had previously been detained in psychiatric
    institutions for petitioning. It was not known whether an independent
    doctor assessed her mental health.
        On June 5, a Beijing Chaoyang District Court ruled that China
    Petroleum and Chemical Corporation (Sinopec) had not violated the
    rights of former employee Chen Miaocheng, who died after 13 years of
    detention in a psychiatric institution. Chen, was involuntarily
    hospitalized in 1995 for ``paranoid schizophrenia'' but cleared for
    release in December 1996 by doctors at Beijing's Huilongguan Hospital.
    However, the hospital refused to discharge Chen unless his employer,
    Sinopec, agreed to his release. Sinopec refused, and Chen died in the
    hospital 12 years after being cleared for discharge. It remains unclear
    why Chen's employer needed to clear his release, or why this was
    withheld. Chen's widow filed a lawsuit against Sinopec, arguing that by
    having Chen involuntarily committed to a psychiatric institution,
    Sinopec had violated Chen's rights to life, liberty, and health. The
    court ruled that Sinopec had not violated the law when it committed
    Chen to the hospital and was not liable for his death since Chen died
    from pneumonia.
        According to an NGO report, on March 29, officials in Wuhan, Hubei,
    illegally detained petitioner Liu Caixia in a psychiatric institution.
    Liu, a former accountant at Central China University of Science and
    Technology in Wuhan, traveled to Beijing on March 26 to petition the
    Government over losing her job. Liu was detained in Beijing by
    officials from the Beijing Liaison Office of the Hongshan District
    Government and forcibly returned to Wuhan. Liu reportedly was detained
    in the psychiatric ward of the Huashan Town Health Clinic in Hongshan
    District.

        Prison and Detention Center Conditions.--Conditions in penal
    institutions for both political prisoners and criminal offenders were
    generally harsh and often degrading. Prisoners and detainees were
    regularly housed in overcrowded conditions with poor sanitation.
    Inadequate prison capacity remained a problem in some areas. Food often
    was inadequate and of poor quality, and many detainees relied on
    supplemental food and medicines provided by relatives. Some prominent
    dissidents were not allowed to receive such goods. Adequate, timely
    medical care for prisoners remained a serious problem, despite official
    assurances that prisoners have the right to prompt medical treatment.
        Article 53 of the Prison Law mandates that a prison shall be
    ventilated, allow for natural light, and be clean and warm. However, in
    many cases there were inadequate provisions for sanitation,
    ventilation, heating, lighting, basic and emergency medical care, and
    access to potable water.
        Forced labor remained a serious problem in penal institutions. Many
    prisoners and detainees in penal and RTL facilities were required to
    work, often with no remuneration. Information about prisons, including
    associated labor camps and factories, was considered a state secret.
        In response to claims that the organs of executed prisoners were
    harvested for transplant purposes, Vice Minister of Health Huang Jiefu
    in August 2009 stated that inmates were not a proper source for human
    organs and that prisoners must give written consent for their organs to
    be removed.
        Conditions in administrative detention facilities, such as RTL
    camps, were similar to those in prisons. Beating deaths occurred in
    administrative detention and RTL facilities. According to NGO reports,
    conditions in these facilities were similar to those in prisons, with
    detainees reporting beatings, sexual assaults, lack of proper food, and
    no access to medical care.
        Information on the prison population is not made public. In 2004
    then minister of justice Fan Fangping reportedly said there were more
    than 670 prisons housing ``more than 1.5 million prisoners.'' According
    to domestic media reporting, a Ministry of Justice survey estimated
    that the prison population as of the end of 2005 was 1.56 million. The
    law requires juveniles be housed separately from adults, unless
    facilities are insufficient. In practice children were sometimes housed
    with adult prisoners and required to work. Political prisoners were
    housed with the general prison population and reported being beaten by
    other prisoners at the instigation of guards.
        Many prisoners and detainees did not have reasonable access to
    visitors and were not permitted religious observance. Under Article 52
    of the Jail Law, ``considerations shall be given to the special habits
    and customs of prisoners of minority ethnic groups.'' The Detention
    Center Regulation Article 23 had similar requirements. However, little
    information was available about the implementation of these
    regulations.
        Prisoners and detainees are legally entitled to submit complaints
    to judicial authorities without censorship and request investigation of
    credible allegations of inhumane conditions. Article 47 of the Prison
    Law further states that letters from a prisoner to higher authorities
    of the prison or to the judicial organs shall be free from examination.
    The law further states that a prison ``shall set up medical
    [facilities], living and sanitary facilities, and institute regulations
    on the life and sanitation of prisoners.'' It also states that the
    medical and health care of prisoners shall be put into the public
    health and epidemic prevention program of the area in which the prison
    is located. However, authorities did not investigate credible
    allegations of inhumane conditions nor document the results of such
    investigations in a publicly accessible manner.
        The law requires the Government to investigate and monitor prison
    and detention center conditions, and an official from the Prosecutor's
    Office is designated responsible for investigating and monitoring
    prison and detention center conditions.
        The Government generally did not permit independent monitoring of
    prisons or RTL camps, and prisoners remained inaccessible to local and
    international human rights organizations, media groups, and the
    International Committee of the Red Cross (ICRC).

        d. Arbitrary Arrest or Detention.--Arbitrary arrest and detention
    remained serious problems. The law grants police broad administrative
    detention powers and the ability to detain individuals for extended
    periods without formal arrest or criminal charges.

        Role of the Police and Security Apparatus.--The main domestic
    security agencies include the Ministry of State Security, the MPS, and
    the People's Armed Police. The People's Liberation Army was primarily
    responsible for external security but also had some domestic security
    responsibilities. Local jurisdictions also frequently used civilian
    municipal security forces, known as ``urban management'' officials, to
    enforce laws.
        The MPS coordinates the country's police force, which is organized
    into specialized police agencies and local, county, and provincial
    jurisdictions. Judicial oversight of the police was limited, and checks
    and balances were absent. Corruption at the local level was widespread.
    Police and urban management officials engaged in extrajudicial
    detention, extortion, and assault. In 2009 the Supreme People's
    Procuratorate acknowledged continuing widespread abuse in law
    enforcement. In 2009 domestic news media reported the convictions of
    public security officials who had beaten to death suspects or prisoners
    in their custody.

        Arrest Procedures and Treatment While in Detention.--The law allows
    police to detain suspects for up to 37 days before formal arrest. After
    arrest, police are authorized to detain a suspect for up to an
    additional seven months while the case is investigated. After the
    completion of a police investigation, an additional 45 days of
    detention are allowed for the procuratorate to determine whether to
    file criminal charges. If charges are filed, authorities can detain a
    suspect for an additional 45 days before beginning judicial
    proceedings. As a result, pretrial detention periods of a year or
    longer are not uncommon. In practice the police sometimes detained
    persons beyond the period allowed by law. The law stipulates that
    detainees be allowed to meet with defense counsel before criminal
    charges are filed. Police often violated this right.
        The criminal procedure law requires a court to provide a lawyer to
    a defendant who has not already retained a lawyer; who is blind, deaf,
    mute, a minor; or who may be sentenced to death. This law applies
    whether or not the defendant is indigent. Courts may also provide
    lawyers to other criminal defendants who cannot afford them, although
    courts often did not appoint counsel in such circumstances.
        Criminal defendants are entitled to apply for bail while awaiting
    trial. However, in practice few suspects were released on bail.
        The law requires notification of family members within 24 hours of
    detention, but individuals were often held without notification for
    significantly longer periods, especially in politically sensitive
    cases. Under a sweeping exception, officials are not required to
    provide notification if doing so would ``hinder the investigation'' of
    a case.
        The law protects the right to petition the Government for
    resolution of grievances. However, citizens who traveled to Beijing to
    petition the central government were frequently subjected to arbitrary
    detention, often by police dispatched from the petitioner's hometown.
    Some provincial governments operated facilities in Beijing or in other
    localities where petitioners from their districts were held in
    extrajudicial detention. Some local governments took steps to restrict
    petitioning. According to a May 27 Shanxi provincial government report,
    the Shanxi Provincial People's Congress adopted regulations that listed
    eight types of ``prohibited'' petitioning, including ``illegally
    gathering, encircling or rushing into government offices or important
    public spaces, stopping cars or hindering public transportation,
    linking up with others to petition,'' and similar acts. The regulations
    also stated that petitioners suspected of ``misrepresenting facts to
    frame others'' could be subject to criminal charges.
        According to NGO reports, Luan Chuyu of Nantong, Jiangsu Province,
    a villager facing forced eviction, was detained by police while
    petitioning in Beijing; she was held in a ``black jail'' from June 16-
    18 and then forcibly returned to Nantong, where she was detained
    illegally in a local black jail for an additional month. Luan was
    released after local officials pressured her into signing an agreement
    consenting to the demolition of her home.
        On September 5, Liu Yujie a petitioner from Shiyan, Hubei Province,
    who had been demanding a meeting with Supreme People's Court President
    Wang Shengjun after losing her home in what she believed to be an
    unjust court ruling, was detained by police outside the Supreme
    People's Court in Beijing per a human rights NGO report. Liu was
    reportedly taken to a black jail in Jiujingzhuang, Beijing. Shiyan
    municipal officials in Beijing took custody of Liu and moved her to a
    black jail operated by the Beijing Liaison Office of Tanghe County,
    Henan Province. At year's end her status remained unclear.
        According to NGO reports, on October 6, petitioner Liu Xianzhi of
    Henan Province, was detained in Beijing and forcibly returned to her
    hometown of Nancao Township. While in Beijing Liu was reportedly held
    in a black jail operated by local government officials where she was
    beaten and sustained head and neck injuries.
        In July 2009 Noor-Ul-Islam Sherbaz, a minor, was detained and
    accused of participating in the July riots in Urumqi. In contravention
    of the law on the detention of juveniles, Sherbaz's parents had no
    contact with their son after his arrest and were not allowed to be
    present during police interrogations. On April 13, Aksu Intermediate
    People's Court found Sherbaz guilty of murder, at a trial that
    reportedly lasted 30 minutes, and sentenced him to life imprisonment.
        The law permits nonjudicial panels, known as ``labor reeducation
    panels,'' to remand persons to RTL camps or other administrative
    detention programs for up to three years without trial. Labor
    reeducation panels are authorized to extend these administrative
    sentences for up to one year. Detainees are technically allowed to
    challenge administrative RTL sentences and appeal for sentence
    reduction or suspension. However, appeals were rarely successful. Other
    forms of administrative detention include ``custody and education''
    (for women engaged in prostitution and those soliciting prostitution)
    and ``custody and training'' (for minor criminal offenders). The
    2008Anti-Drug Law established a system of ``compulsory isolation for
    drug rehabilitation.'' The minimum stay in such centers is two years
    and the law states that this treatment can include work. Public
    security organs authorize detention in these centers and it often is
    meted out as an administrative rather than criminal measure.
    Administrative detention was used to intimidate political activists and
    prevent public demonstrations.
        Shanghai housing activist Mao Hengfeng was detained early in the
    year and sentenced to 18 months of RTL on March 4 for ``disturbing
    social order.'' Mao's family members and lawyer were prevented from
    visiting her for extended periods during the year.
        On August 6, a district court in Baoding, Hebei Province, heard a
    suit brought by reporter and activist Xu Yishun (also known by his pen
    name Kong Fanzhong). Xu challenged a Baoding RTL Management Committee's
    May 25 decision to sentence him to 18 months RTL for fraud. The hearing
    ended without issuance of a verdict.
        Authorities arrested persons on allegations of revealing state
    secrets, subversion, and other crimes as a means to suppress political
    dissent and public advocacy. These charges remain ill defined,
    including what constitutes a state secret. Citizens also were detained
    under broad and ambiguous state secrets laws for, among other actions,
    disclosing information on criminal trials, meetings, and government
    activity.
        Human rights activists, journalists, unregistered religious
    leaders, and former political prisoners and their family members were
    among those targeted for arbitrary detention or arrest.
        The Government continued to use extrajudicial house arrest against
    dissidents, former political prisoners, family members of political
    prisoners, petitioners, underground religious figures, and others it
    deemed politically sensitive. Numerous dissidents, activists, and
    petitioners were placed under house arrest during the October National
    Day holiday period and at other sensitive times, such as during the
    Shanghai Expo and the December Nobel Prize ceremony. Conditions faced
    by those under house arrest varied but sometimes included complete
    isolation in their homes under police guard. In some instances security
    officials were stationed inside the homes of subjects under house
    arrest. Others were occasionally permitted to leave their homes to work
    or run errands but were required to ride in police vehicles. When
    permitted to leave their homes, subjects of house arrest were usually
    under police surveillance.
        In March several Beijing dissidents, including Cha Jianguo, Gao
    Hongming, Li Hai, Xu Yonghai, and Qi Zhiyong, were placed under house
    arrest to prevent them from commemorating the 1989 Tiananmen massacre.
        On April 3, security guards at a Beijing housing compound prevented
    artist and activist Yan Zhengxue from leaving his residence to attend
    an arts exhibition. When Yan argued with the guards blocking his exit,
    they beat him, inflicting multiple injuries. Beijing artist and
    activist Yang Licai was also placed under house arrest in late March
    with a police vehicle and five police officers stationed outside his
    home. Retired Shandong University professor Sun Wenguang was placed
    under house arrest at his home in Jinan, Shandong.
        On September 9, blind human rights lawyer Chen Guangcheng was
    released after completing a prison sentence of three years and four
    months on politically motivated charges of ``disrupting traffic.''
    Since his release, Chen, his wife, and his mother have been under house
    arrest and prevented from communicating with others. Chen was not
    allowed to seek medical attention for a gastrointestinal condition he
    developed in prison.
        On December 10, ethnic Mongolian activist Hada was released from
    prison after serving a 15-year prison sentence for espionage and
    separatism. Hada founded the Southern Mongolia Democracy Alliance,
    which called for a referendum on the future of the province of Inner
    Mongolia. At year's end neither he, his wife, nor his son have been
    seen publicly since his release.
        After the announcement of the awarding of the 2010 Nobel Peace
    Prize to imprisoned writer Liu Xiaobo, his wife, Liu Xia, was placed
    under extrajudicial house arrest. At year's end she had not seen in
    public since October, and her electronic and telephone communication
    ceased in November.
        Police surveillance, harassment and detentions of activists
    increased around politically sensitive events. Shanghai residents
    experienced more stringent security measures during the Shanghai World
    Expo from May 1 to October 31. In the period leading up to, and during
    the Expo, several prominent Shanghai activists, including Feng Zhenghu
    and Zheng Enchong, were placed under house arrest. Others were
    prevented from entering the city. Authorities prevented blogger Wen
    Kejian and artist Ai Weiwei from entering Shanghai on separate
    occasions during the Expo. Authorities prevented activists from
    departing China prior to the December 10 Nobel Peace Prize award
    ceremony, and briefly detained a number of prominent rights activists
    immediately before and during the Nobel ceremony. The annual plenary
    session of the National People's Congress (NPC) and the Chinese
    People's Political Consultative Conference (CPPCC), the anniversary of
    the Tiananmen massacre, the October announcement of the Nobel Peace
    Prize triggered similar security responses. Authorities in the XUAR
    used house arrest and other forms of arbitrary detention against those
    accused of supporting the ``three evils'' of religious extremism,
    ``splittism,'' and terrorism.

        e. Denial of Fair Public Trial.--The law states that the courts
    shall exercise judicial power independently, without interference from
    administrative organs, social organizations, and individuals. However,
    in practice the judiciary was not independent. Legal scholars have
    interpreted President Hu Jintao's doctrine of the ``Three Supremes'' as
    stating that the interests of the Party are above the law. Judges
    regularly received political guidance on pending cases, including
    instructions on how to rule, from both the Government and the CCP,
    particularly in politically sensitive cases. The CCP Law and Politics
    Committee has the authority to review and influence court operations at
    all levels of the judiciary.
        Corruption also influenced court decisions. Safeguards against
    judicial corruption were vague and poorly enforced. Local governments
    appoint and pay local court judges and, as a result, often exerted
    influence over the rulings of judges in their districts.
        Courts are not authorized to rule on the constitutionality of
    legislation. The law permits organizations or individuals to question
    the constitutionality of laws and regulations, but a constitutional
    challenge can only be directed to the promulgating legislative body. As
    a result, lawyers had little or no opportunity to use the constitution
    in litigation.
        On February 9, Tan Zuoren was sentenced to five years in prison and
    three years' deprivation of political rights for ``inciting subversion
    of state power'' in a trial that was closed to the public (see
    Political Prisoners section). Tan had attempted to collect the names of
    students who died in the May 2008 Sichuan earthquake. The sentence was
    upheld by the Sichuan High People's Court on June 9.
        On July 23, an Urumqi court sentenced Uighur journalist Gheyret
    Niyaz to 15 years in prison for ``endangering state security.'' Niyaz,
    detained since October 2009, was reportedly not allowed access to
    defense counsel during his trial.
        Nobel Peace Prize laureate Liu Xiaobo, coauthor of the Charter 08
    manifesto, which called for increased political freedoms and human
    rights in China, was found guilty of the crime of ``inciting subversion
    of state power'' in a December 2009 trial that included serious due
    process violations. The Beijing High People's Court denied Liu's appeal
    on February 11.

        Trial Procedures.--There was no presumption of innocence, and the
    criminal justice system was biased toward a presumption of guilt,
    especially in high-profile or politically sensitive cases. According to
    the China Law Yearbook, in 2009 the combined conviction rate for first-
    and second-instance criminal trials was 99.9 percent. Of 997,872
    criminal defendants tried in 2009, 1,206 were acquitted. In many
    politically sensitive trials, courts handed down guilty verdicts with
    no deliberation immediately following proceedings. Courts often
    punished defendants who refused to acknowledge guilt with harsher
    sentences than those who confessed. The appeals process rarely resulted
    in overturned convictions. Appeals processes failed to provide
    sufficient avenues for review, and there were inadequate remedies for
    violations of defendants' rights.
        Supreme People's Court regulations require all trials to be open to
    the public, with the exceptions of cases involving state secrets,
    privacy issues, and minors. Authorities used the state-secrets
    provision to keep politically sensitive proceedings closed to the
    public and sometimes even to family members and to withhold access to
    defense counsel. Court regulations state that foreigners with valid
    identification should be allowed to observe trials under the same
    criteria as Chinese citizens. In practice foreigners were permitted to
    attend court proceedings only by invitation. As in past years, foreign
    diplomats and journalists unsuccessfully sought permission to attend a
    number of trials. In some instances the trials were reclassified as
    ``state secret'' cases or otherwise closed to the public. Foreign
    diplomats requested but were denied permission to attend the February
    2009 trial of human rights advocate Huang Qi on charges of illegally
    possessing state secrets. Huang was sentenced in November 2009 to three
    years' imprisonment. His appeal was denied by the Chengdu Intermediate
    Court on February 8. According to NGO reports, Huang was not granted a
    formal appeal hearing before the decision was made. Requests by foreign
    diplomats to attend the February appeal hearing in the case of Liu
    Xiaobo were denied. Some trials were broadcast, and court proceedings
    were a regular television feature. A few courts published their
    verdicts on the Internet.
        The law grants most defendants the right to seek legal counsel upon
    their initial detention and interrogation, although police frequently
    violated this right. Individuals who face administrative detention do
    not have the right to seek legal counsel. Human rights lawyers reported
    that they were denied the ability to defend certain clients or
    threatened with punishment if they chose to do so.
        Both criminal and administrative defendants were eligible for legal
    assistance although 70 percent or more of criminal defendants went to
    trial without a lawyer. According to the China Law Yearbook, the number
    of legal-aid cases in 2009 totaled 542,686, a slight decrease from the
    previous year. Legal-aid personnel totaled 13,081, a slight increase
    over 2008, the vast majority of whom majored in law. Despite these
    slight shifts, the number of legal-aid personnel remained inadequate to
    meet demand. Non-attorney legal advisors provided the only legal-aid
    options in many areas.
        Some lawyers declined to represent defendants in politically
    sensitive cases, and such defendants frequently found it difficult to
    find an attorney. The Government took steps to discourage lawyers from
    representing defendants in sensitive cases. Following the July 2009
    unrest in the XUAR, the Beijing Municipal Judicial Bureau posted a
    notice on its Web site urging justice bureaus, the Beijing Municipal
    Lawyers Association, and law firms in Beijing to ``exercise caution''
    in representing defendants facing charges related to the riots. Similar
    measures were taken with respect to Tibetan defendants. Certain
    Beijing-based rights lawyers were told they could not represent jailed
    Tibetans. Tibetan filmmaker Dhondup Wangchen was denied counsel of his
    choosing as the attorney hired by his family was replaced with a
    government-appointed lawyer for his 2009 trial and 2010 appeal. Certain
    local governments in the XUAR and Tibetan areas implemented regulations
    stipulating that only locally registered attorneys were authorized to
    represent local defendants.
        When defendants were able to retain counsel in politically
    sensitive cases, government officials sometimes prevented attorneys
    from organizing an effective defense. Tactics employed by court and
    government officials included unlawful detentions, disbarment,
    harassment and physical intimidation and denial of access to evidence.
        In August security guards barred lawyer Zhang Kai from entering a
    courthouse in Linfen County, Shanxi Province, to file an administrative
    lawsuit on behalf of members appealing the potential destruction of a
    church building. According to domestic media, on April 7, when two
    lawyers tried to file a suit at the Heilongjiang High People's Court on
    behalf of villagers who believed they were unfairly compensated in a
    land requisition case, court police assaulted them, detaining one of
    the lawyers for two hours. The lawyers believed the attack was intended
    to prevent them from filing the lawsuit.
        In April 2009 Beijing lawyer Cheng Hai was attacked and beaten
    while on his way to meet with a Falun Gong client in Chengdu, Sichuan
    Province. According to Cheng, those responsible for the attack were
    officials from the Jinyang General Management Office, Wuhou District,
    Chengdu.
        The annual licensing review process was used to withhold licenses,
    and therefore the ability to practice law, from a number of human
    rights and public interest lawyers. According to the Beijing Lawyers
    Association , 95 percent of Beijing attorneys were re-licensed in the
    2010 annual review process. However, attorneys whose licenses were not
    renewed included a number of prominent human rights lawyers including
    Jiang Tianyong, Teng Biao,Wen Haibo, Zhang Lihui, Tong Chaoping, Yang
    Huiwen, and Li Jinsong. Shanghai rights lawyers Zheng Enchong and Guo
    Guoting were denied the renewal of their licenses as the result of a
    similar administrative finding in 2008.
        On April 30, the Beijing Municipal Bureau of Justice permanently
    revoked the licenses of lawyers Liu Wei and Tang Jitian who had been
    active in defending human rights and religious freedom-related cases.
    On May 4, Liu and Tang filed a criminal complaint claiming that by
    revoking their licenses the Bureau of Justice Lawyers Management
    Department had abused its power in retaliation for their activism on
    behalf of lawyers.
        Defense attorneys may legally be held responsible if their client
    commits perjury, and prosecutors and judges have wide discretion to
    decide what constitutes perjury. In some sensitive cases, lawyers had
    no pretrial access to their clients, and defendants and lawyers were
    not allowed to communicate with one another during trials. In practice
    criminal defendants were frequently not assigned an attorney until a
    case was brought to court. Despite a 2008 statement by SPC Vice
    President Zhang Jun that 37 percent of criminal defendants were
    represented by lawyers, in 2009 only one in seven criminal defendants
    reportedly had legal representation.
        Mechanisms allowing defendants to confront their accusers were
    inadequate. Only a small percentage of trials involved witnesses and
    less than 10 percent of subpoenaed witnesses appeared in court. In most
    criminal trials, prosecutors read witness statements, which neither the
    defendants nor their lawyers had an opportunity to rebut. Although the
    criminal procedure law states that pretrial witness statements cannot
    serve as the sole basis for conviction, prosecutors relied heavily on
    such statements to support their cases. Defense attorneys had no
    authority to compel witnesses to testify or to mandate discovery,
    although they could apply for access to government-held evidence
    relevant to their case. Pretrial access to information by defense
    attorneys was minimal. Denial of due process by police and prosecutors
    led to particularly egregious consequences in capital cases.
        At year's end the Criminal Code contained 68 capital offenses,
    including nonviolent financial crimes such as counterfeiting currency,
    embezzlement, and corruption. In August state media reported that a
    pending amendment to the capital-punishment law would remove 13
    nonviolent economic crimes--ranging from smuggling relics and
    endangered animals to falsifying tax receipts--from the list of capital
    crimes. Persons above the age of 75 would be eligible for the exemption
    from the death penalty. There was no public information on how many
    defendants were either sentenced to the death penalty or executed
    during the year.
        In 2007 the Supreme People's Court (SPC) resumed the practice of
    reviewing all convictions that resulted in death sentences before
    executions may be carried out; with the exception of death sentences
    with a two-year reprieve. SPC spokesman Ni Shouming stated that, since
    reassuming the death penalty reviews, the SPC had returned 15 percent
    of death sentences to lower courts for further review based on unclear
    facts, insufficient evidence, inappropriate use of the death penalty,
    and inadequate trial procedures. Because official statistics remained a
    state secret, it was not possible to evaluate independently the
    implementation and effects of the procedures.
        An international human rights NGO estimated that approximately
    5,000 persons were executed during 2009.

        Political Prisoners and Detainees.--Government officials continued
    to deny holding any political prisoners, asserting that authorities
    detained persons not for their political or religious views but because
    they violated the law. However, the authorities continued to imprison
    citizens for reasons related to politics and religion. Tens of
    thousands of political prisoners remained incarcerated, some in prisons
    and others in RTL camps or administrative detention. The Government did
    not grant international humanitarian organizations access to political
    prisoners.
        Foreign NGOs estimated that several hundred persons remained in
    prison for ``counterrevolutionary crimes,'' which were repealed from
    the criminal code in 1997. Thousands of others were serving sentences
    under state security statutes. Foreign governments urged the Chinese
    government to review the cases of those charged before 1997 with
    counterrevolutionary crimes and to release those who had been jailed
    for nonviolent offenses under repealed provisions of the criminal law.
    At year's end no systematic review had occurred. The Government
    maintained that prisoners serving sentences for counterrevolutionary
    crimes and endangering state security were eligible to apply for
    sentence reduction and parole. However, political prisoners were
    granted early release at lower rates than prisoners in other
    categories. Persons were believed to remain in prison for crimes in
    connection with their involvement in the 1989 Tiananmen prodemocracy
    movement. The exact number was unknown because related official
    statistics were never made public.
        On January 15, Zhou Yongjun, a former Tiananmen Square student
    leader, was sentenced to nine years in prison for ``fraud'' by a
    Shehong County, Sichuan Province court, following his November 2009
    trial. Zhou had been detained in 2008 in Hong Kong while attempting to
    enter the country on a forged Malaysian passport in order to visit his
    ailing father. Although cleared by Hong Kong authorities of involvement
    in bank fraud, he was transferred to the custody of PRC authorities.
        In August 2009 activist Tan Zuoren went on trial for defaming the
    CCP, the charge resulting from his social advocacy work. On February 9,
    Tan was sentenced to five years in prison and three years' deprivation
    of political rights for ``inciting subversion of state power.''
        In July Charter 08 signatory and activist Liu Xianbin was indicted
    for subversion for an article he wrote following his 2009 release from
    a previous prison term. At year's end Liu was detained and awaiting
    trial in Suining, Sichuan Province. Liu was reportedly denied access to
    his lawyers during his detention.
        In March 2009 labor activist and lawyer Yuan Xianchen was convicted
    of ``inciting subversion of state power'' and sentenced to four years
    in prison and five years' deprivation of political rights, on the basis
    of articles he had written on implementing constitutional democracy.
        Many political prisoners remained in prison or under other forms of
    detention at year's end, including rights activists Hu Jia and Wang
    Bingzhang; Alim and Ablikim Abdureyim, sons of Uighur activist Rebiya
    Kadeer; journalist Shi Tao; democratic reform advocate Wang Xiaoning;
    land rights activist Yang Chunlin; Internet commentator Xu Wei; labor
    activists Hu Mingjun, Huang Xiangwei, Kong Youping, Ning Xianhua, Li
    Jianfeng, Li Xintao, Lin Shun'an, Li Wangyang, and She Wanbao; Catholic
    bishop Su Zhimin; Christian activist Zhang Rongliang; Uighur activist
    Dilkex Tilivaldi; and Tibetan Tenzin Deleg.
        In September rights lawyer Chen Guangcheng was released from prison
    following the completion of his sentence and was immediately placed
    under house arrest, along with his wife. In November democracy activist
    Qin Yongmin was released in Wuhan, after serving a 12-year sentence for
    ``endangering state security.'' According to media reports, police
    officers confiscated his prison writings and warned him not to speak to
    reporters or meet other dissidents. At year's end Zhao Lianhai, who had
    been indicted on criminal charges for his advocacy on behalf of victims
    of tainted milk, was released on medical parole, but his whereabouts
    and welfare remained unconfirmed.
        Criminal punishments continued to include ``deprivation of
    political rights'' for a fixed period after release from prison, during
    which time the individual is denied rights of free speech and
    association. Former prisoners sometimes found their ability to find
    employment, freedom to travel, access to residence permits and social
    services severely restricted. Former political prisoners and their
    families frequently were subjected to police surveillance, telephone
    wiretaps, searches, and other forms of harassment.

        Civil Judicial Procedures and Remedies.--Courts deciding civil
    matters faced the same limitations on judicial independence as in
    criminal cases. The State Compensation Law provides administrative and
    judicial remedies for plaintiffs whose rights or interests have been
    infringed by government agencies or officials, including wrongful
    arrest or conviction, extortion of confession by torture, unlawful use
    of force resulting in bodily injury, illegal revocation of a business
    license, or illegal confiscation or freezing of property. In April the
    National People's Congress Standing Committee amended the law to allow
    for compensation for wrongful detention, mental trauma, or physical
    injuries inflicted by detention center or prison officials. In civil
    matters successful plaintiffs often found it difficult to enforce court
    orders.
        Companies affected by a July 16 oil spill in Dalian, Liaoning
    Province, were prevented from filing lawsuits for damages resulting
    from the spill. City officials visited one company to urge it to drop
    its claims, according to domestic media. In August police in Beijing
    intercepted fishermen and other Dalian residents impacted by the spill
    when they attempted to file a petition seeking compensation.

        f. Arbitrary Interference With Privacy, Family, Home, or
    Correspondence.--The law states that the ``freedom and privacy of
    correspondence of citizens are protected by law''; however, in practice
    authorities often did not respect the privacy of citizens. Although the
    law requires warrants before law enforcement officials can search
    premises, this provision frequently was ignored. The Public Security
    Bureau (PSB) and prosecutors are authorized to issue search warrants on
    their own authority without judicial review. Cases of forced entry by
    police officers continued to be reported.
        Authorities monitored telephone conversations, fax transmissions,
    e-mail, text messaging, and Internet communications. Authorities also
    opened and censored domestic and international mail. Security services
    routinely monitored and entered residences and offices to gain access
    to computers, telephones, and fax machines.
        The monitoring and disruption of telephone and Internet
    communications were particularly widespread in the XUAR and Tibetan
    areas. Authorities frequently warned dissidents and activists,
    underground religious figures and former political prisoners not to
    meet with foreign journalists or diplomats, especially before sensitive
    anniversaries, at the time of important government or party meetings,
    and during the visits of high-level foreign officials. Security
    personnel also harassed and detained the family members of political
    prisoners, including following them to meetings with foreign reporters
    and diplomats and urging them to remain silent about the cases of their
    relatives.
        Family members of activists, dissidents, Falun Gong practitioners,
    journalists, unregistered religious figures, and former political
    prisoners were targeted for arbitrary arrest, detention, and harassment
    (see section 1.d.).
        Forced relocation because of urban development continued and in
    some locations increased during the year. Protests over relocation
    terms or compensation were common, and some protest leaders were
    prosecuted. In rural areas relocation for infrastructure and commercial
    development projects resulted in the forced relocation of millions of
    persons.
        Property-related disputes between citizens and government
    authorities, which often turned violent, were widespread in both urban
    and rural areas. These disputes frequently stemmed from local officials
    colluding with property developers to pay little or no compensation to
    displaced residents, combined with a lack of effective government
    oversight or media scrutiny of local officials' involvement in property
    transactions, as well as a lack of legal remedies or other dispute
    resolution mechanisms for displaced residents. The problem persisted
    despite central government efforts to impose stronger controls over
    illegal land takings and to standardize compensation. International
    media and other observers have raised doubt whether development of
    historically or culturally sensitive land, such as the Old City area in
    Kashgar, XUAR, was carried out in a transparent, fair manner.
        In November Chinese media reported that a woman committed suicide
    by self-immolation in Chengdu, Sichuan Province, after district
    authorities ordered the house of her ex-husband be forcibly demolished
    following failed negotiations with the landlord. In December Chinese
    media reported a case of self-immolation to protest a forced eviction
    in Beijing. In this case, in an attempt to stop the forced demolition
    of his family's house in Beijing's Haidian district, the individual
    reportedly burned himself, but survived. His mother and his wife were
    injured during the confrontation with workers carrying out the
    demolition order. Local media reported that the head of the district
    where the demolition happened also had an interest in the real estate
    development company responsible for development of the area.
        National law prohibits the use of physical coercion to compel
    persons to submit to abortion or sterilization. However, intense
    pressure to meet birth limitation targets set by government regulations
    resulted in instances of local family-planning officials using physical
    coercion to meet government goals. Such practices included the
    mandatory use of birth control and the abortion of unauthorized
    pregnancies. In the case of families that already had two children, one
    parent was often pressured to undergo sterilization.
        A U.S.-based human rights organization reported that in August, the
    one-month-old daughter of a mother in Changfeng County, Anhui Province,
    was detained by local family-planning officials until the woman signed
    a document consenting to a sterilization procedure.
        In April as reported by a regional investigative newspaper
    affiliated with the newspaper Southern Daily and later in the
    international press, local family-planning officials in Puning,
    Guangdong Province, initiated an ``education campaign'' to encourage
    nearly 9,559 ``most serious violators of family-planning policies'' to
    undergo sterilization procedures. Reportedly, 1,300 persons were
    detained during this process, including family members of couples who
    had unauthorized births, until at least one member of the couple in
    violation submitted to a sterilization procedure.
        In late-April officials in Pingxiang, Jiangxi Province, levied a
    RMB 2,000 ($300) fine and threatened to demolish the home of the
    parents of a migrant worker who failed to submit his family-planning
    paperwork.
        Laws and regulations forbid the termination of pregnancies based on
    the sex of the fetus, but because of the intersection of birth
    limitations and a traditional preference for male children,
    particularly in rural areas, many families used ultrasound technology
    to identify female fetuses and terminate these pregnancies. National
    Population and Family Planning Commission (NPFPC) regulations ban non-
    medically necessary determinations of the sex of the fetus and sex-
    selective abortions, but some experts believed that the penalties for
    violating the regulations were not severe to deter unlawful behavior.
    According to government estimates released in February, the national
    average for the male-female sex ratio at birth was 119 to 100 in 2009
    (compared with norms elsewhere of between 103 and 107 to 100). The
    Chinese Academy of Social Sciences estimated that by 2020, there could
    be as many as 24 million more men than women of marriageable age (ages
    19-45) in China. In September Vice Premier Li Keqiang announced that
    the Government would ``launch measures to narrow the widening ratio of
    men and women.''
        Regulations requiring women who violate family-planning policy to
    terminate their pregnancies still exist in the 25th, 42nd, and 22nd
    provisions of the Population and Family Control Regulation of Liaoning,
    Jilin, and Heilongjiang provinces, respectively. An additional 10
    provinces--Fujian, Guizhou, Guangdong, Gansu, Jiangxi, Qinghai,
    Sichuan, Shanxi, Shaanxi, and Yunnan--require unspecified ``remedial
    measures'' to deal with unauthorized pregnancies (see section 6).
    Section 2. Respect for Civil Liberties, Including:

        a. Freedom of Speech and Press.--The law provides for freedom of
    speech and of the press, although the Government generally did not
    respect these rights in practice. The Government continued to control
    print, broadcast, and electronic media tightly and used them to
    propagate government views and CCP ideology. During the year the
    Government increased censorship and manipulation of the press and the
    Internet during sensitive anniversaries.
        Foreign journalists were generally prevented from obtaining permits
    to travel to Tibet except for highly controlled, government-organized
    press visits. While foreign journalists were allowed access to Urumqi,
    XUAR after the July 2009 riots, and during the year, local and
    provincial authorities continued to strictly control the travel,
    access, and interviews of foreign journalists, even forcing them to
    leave cities in parts of the XUAR. Media outlets received regular
    guidance from the Central Propaganda Department, listing topics that
    should not be covered. After events such as the July 2009 riots, the
    2008 Sichuan earthquake, or the 2010 Yushu earthquake media outlets
    were told to cover the stories using content carried by government-
    controlled Xinhua and China Central Television.
        The General Administration of Press and Publication; the State
    Administration of Radio, Film, and Television, and the CCP remained
    active in issuing restrictive regulations and decisions constraining
    the content of broadcast media.
        The range of permissible public discourse continued to expand, with
    significant exceptions including speech that challenged the Government
    or the CCP. Political topics could be discussed privately and in small
    groups without punishment. However, those who made politically
    sensitive comments in public speeches, academic discussions, and
    comments to the media remained subject to punitive measures.
    Authorities frequently intervened to halt public speeches and lectures
    on politically sensitive topics.
        In March 2009 police detained Zhang Shijun, a former PLA soldier
    for publishing an open letter to President Hu Jintao expressing regret
    over his involvement in the Tiananmen massacre and urging the CCP to
    reconsider its condemnation of the 1989 demonstrations. At year's end
    his whereabouts remained unknown.
        The Government also frequently monitored gatherings of
    intellectuals, scholars, and dissidents where political or sensitive
    issues were discussed. Individuals who aired views critical of the
    Government or the CCP, particularly those who shared such views with
    foreign audiences, risked punishments ranging from disciplinary action
    in the workplace to police interrogation and detention. In 2008 to
    commemorate International Human Rights Day, a group of 303
    intellectuals and activists released a petition entitled ``Charter
    08,'' calling for the CCP to respect human rights and implement
    democratic reforms in China. Many Charter 08 signers continued to
    report official harassment, especially around sensitive dates, such as
    the 2010 Nobel Peace Prize ceremony.
        In addition to the arbitrary detention of activists during the 2010
    World Expo, Shanghai authorities also prevented some local activists
    from participating in Expo seminars hosted by foreign governments.
    Activists reported that they were told by the authorities not to attend
    Expo events, including forum discussions on civil society and the rule
    of law hosted by a foreign government.
        The CCP directed the domestic media to refrain from reporting on
    certain subjects, and all broadcast programming required government
    approval. Nearly all print media, broadcast media, and book publishers
    were affiliated with the CCP or a government agency. There were a small
    number of privately owned print publications but no privately owned
    television or radio stations.
        International media were not allowed to operate freely and faced
    heavy restrictions.
        In early June, a foreign journalist was allowed to interview
    victims of the Sichuan earthquake only in the presence of foreign
    affairs and propaganda officials.
        In February police harassed a group of nine Hong Kong journalists
    attempting to cover the sentencing in Chengdu of activist Tan Zuoren.
    When the journalists attempted to interview Tan's lawyer and relatives
    outside the courthouse police reportedly used physical force to move
    them into a courthouse holding room, injuring one journalist in the
    process.
        Authorities barred foreign journalists from filming in, or
    entering, Tiananmen Square during sensitive periods.
        Authorities continued to enforce tight restrictions on Chinese
    citizens employed by foreign news organizations. In February 2009 the
    Government issued a code of conduct for Chinese employees of foreign
    media organizations. The code threatens dismissal and loss of
    accreditation for Chinese employees who engaged in ``independent
    reporting'' and instructed them to provide their employers with
    information that projects a good image of the country. The Foreign
    Correspondents' Club of China denounced the code of conduct as part of
    a government effort to intimidate their Chinese employees.
        Officials can be punished for unauthorized contact with
    journalists. Official guidelines for journalists were often vague,
    subject to change at the discretion of propaganda officials, and
    retroactively enforced. Propaganda authorities have forced newspapers
    to fire editors and journalists responsible for articles deemed
    inconsistent with official policy and have suspended or closed
    publications. The system of post-publication review by propaganda
    officials encourages self-censorship by editors, in an effort to avoid
    the losses associated with penalties for inadvertently printing
    unauthorized content.
        Government officials used criminal prosecution, civil lawsuits, and
    other punishments, including violence, detention, and other forms of
    harassment, to intimidate authors and journalists and to prevent the
    dissemination of controversial writings.
        A domestic journalist can face demotion or job loss for publishing
    views that challenge the Government.
        In August cartoonist Kuang Biao was reportedly reprimanded, fined
    RMB 1,500 (approximately $224), and demoted by his employer, the
    Southern Metropolis Daily, for publishing a cartoon in his personal
    blog. The cartoon depicted journalist Chang Ping tied up and in a
    stranglehold in a reference to Chang's 2008 removal as deputy editor of
    the Southern Metropolis Weekly after publishing an opinion piece on
    Tibet in the Financial Times.
        Journalists who remained in prison included Lu Gengsong, Lu
    Jianhua, Huang Jinqiu, and Shi Tao. During the year journalists working
    in traditional and new media sources were also imprisoned.
        According to government information, Uighur journalist Memetjan
    Abdulla was sentenced to life in prison in April reportedly for
    transmitting ``subversive'' information related to the July 2009 riots.
    Abdulla, an employee of the Uighur-language service of Chinese National
    Radio, was reportedly sentenced in a closed-door trial (see section
    1.a.).
        In July Uighur webmasters Dilshat Perhat, Nureli, and Nijat Azat
    were convicted of ``endangering state security,'' receiving sentences
    of five, 10, and 10 years, respectively. The verdicts were reportedly
    handed down at closed door trials in the Urumqi Intermediate Court.
        In March the Economic Observer fired deputy editor in chief Zhang
    Hong for orchestrating a joint editorial published by 13 Chinese
    newspapers calling for reform of the household-registration, or hukou,
    system and characterizing the system as unconstitutional and unfair to
    rural residents.
        Journalists and editors who exposed corruption scandals frequently
    faced retaliation. In July Zhejiang Province public security officials
    placed Economic Observer reporter Qiu Ziming on a national ``wanted''
    list on charges of libel after Qiu published a series of reports
    alleging theft of state assets and insider trading in a publicly listed
    company. The Economic Observer issued a public statement criticizing
    the warrant and defending the stories as accurate. Other newspapers
    expressed public support for the Economic Observer, and the incident
    was widely discussed on the Internet. Local officials later rescinded
    the warrant and publicly apologized.
        Authorities continued to confiscate ``unauthorized publications,''
    but due to data collection methods, which put potentially politically
    sensitive documents in the same category as pornography and pirated
    materials, it is difficult to determine how much of the reported 65
    million confiscated items in 2009 were in each category. Officials
    continued to censor, ban, and sanction reporting on labor, health,
    environmental crises, and industrial accidents. Authorities restricted
    reporting on stories such as the melamine milk scandal, schools
    destroyed during the Sichuan earthquake, and the July 2009 riots in
    Urumqi. Authorities also continued to ban books with content they
    deemed controversial.
        Widespread attention in the press to suicides at a Shenzhen factory
    and the waves of strikes that hit Guangdong factories in May and June
    prompted the Government to pressure domestic media outlets not to
    report on labor disputes.
        The law permits only government-approved publishing houses to print
    books. The State Press and Publications Administration (PPA) controlled
    all licenses to publish. Newspaper, periodicals, books, audio and video
    recordings, or electronic publication may not be printed or distributed
    without the approval of the PPA and relevant provincial publishing
    authorities. Individuals who attempted to publish without government
    approval faced imprisonment, fines, confiscation of their books, and
    other sanctions. The CCP exerted control over the publishing industry
    by preemptively classifying certain topics as state secrets.
        Many intellectuals and scholars exercised self-censorship,
    anticipating that books or papers on political topics would be deemed
    too sensitive to be published. The censorship process for private and
    government media also increasingly relied on self-censorship and, in a
    few cases, post-publication sanctions.
        According to the PEN American Center, Korash Huseyin, former editor
    of the Uighur-language Kashgar Literature Journal, was released in 2008
    after having served a full three year sentence, but his whereabouts
    remained unknown. Huseyin was sentenced in 2005 to three years in
    prison for publishing a short story that authorities considered
    critical of CCP rule of Xinjiang.
        Authorities continued to jam, with varying degrees of success,
    Chinese-, Uighur-, and Tibetan-language broadcasts of the VOA, BBC, and
    Radio Free Asia (RFA). English-language broadcasts on VOA generally
    were not jammed. Government jamming of RFA and BBC appeared to be more
    frequent and effective. Internet distribution of streaming radio news
    and podcasts from these sources often was blocked. Despite jamming
    overseas broadcasts, VOA, BBC, RFA, Deutsche Welle, and Radio France
    International had large audiences, including human rights advocates,
    ordinary citizens, and government officials.
        Television broadcasts of foreign news, largely restricted to hotels
    and foreign residence compounds, were occasionally subject to
    censorship. Such censorship of foreign broadcasts also occurred around
    the anniversary of the 1989 crackdown in Tiananmen Square. Individual
    issues of foreign newspapers and magazines were occasionally banned
    when they contained articles deemed too sensitive.
        Politically sensitive coverage in Chinese, and to a lesser extent
    in English, was censored more than coverage in other languages. The
    Government prohibited some foreign and domestic films deemed too
    sensitive.
        Authorities continued to limit media reporting on disasters.
    Following a plane crash in Yichun, Heilongjiang, that killed 42 persons
    on August 24, local authorities attempted to prevent domestic reporters
    from covering the disaster. According to domestic media, local police
    detained four journalists from three separate domestic news
    organizations who were attempting to cover the crash. Police later
    apologized for the detentions. However, documents leaked to foreign
    media suggested that the CCP issued orders that only the CCP newspapers
    Heilongjiang Daily, People's Daily, and Yichun Daily would be
    authorized to send reporters to Yichun to cover the crash.
        According to the August 17, 2009 issue of Caijing magazine, the
    Government plans to provide 300 million users with high speed fiber
    optic cable Next Generation Broadcasting broadband and cable television
    in approximately 10 years at a cost of RMB 100 billion (approximately
    $15.2 billion). According to comments made by a Shanghai China Telecom
    Deputy Chief Engineer ``through the end of 2010, Shanghai Telecom city
    fiber optic cable network was capable of covering 1.5 million homes and
    had 300,000 users. During the 12th Five Year Plan period, Shanghai
    Telecom will.finish the overall coverage of optic cable access.'' Some
    analysts believe that broadband and cable television could reduce the
    use of satellite dishes that the Government has suggested threaten the
    moral and political security of the country. Another strategy
    implemented in part to protect the country's information security was
    the launch in 2008 of the Chinasat 9 broadcast satellite that uses a
    unique digital broadcast standard so individuals who buy boxes to
    decode the satellite signal will not be able to watch programming on
    other satellites with less restricted content.
        There was also a government program called ``connecting the
    villages'' that has been replacing the many illegal albeit heretofore
    tolerated individual satellite dishes with community satellite cable
    systems. In January 2009 persons in rural Guizhou reported that this
    program was not popular there, since private dishes and receivers were
    inexpensive and brought in 60 channels while a community cable system
    often brings in only 20 or so channels.
        An unofficial source described a government campaign to tear down
    some of the illegal satellite dishes, which were common throughout the
    country. The campaign has been most rigorous in minority areas. There
    is also a phenomenon known as ``insertion broadcasting''--whereby
    politically incorrect parts of a broadcast from Hong Kong are replaced
    by material favored by the Government before broadcasting on Guangdong
    television. It also could refer to illegal insertion of programming
    into cable television systems.

        Internet Freedom.--In June the Information Office of the State
    Council released its first White Paper on the Internet; it outlined the
    Government's endeavors to guarantee certain freedoms of speech on the
    Internet as long as the speech did not endanger state security, subvert
    state power, damage state honor and interests, jeopardize state
    religious policy, propagate heretical or superstitious ideas, or spread
    rumors and other content forbidden by laws and administrative
    regulations among other caveats.
        The China Internet Network Information Center announced in June
    that the number of Internet users had increased to 420 million, 364
    million of whom had broadband access. Xinhua News Agency reported that
    users of Internet-capable mobile phones had reached 277 million and
    accounted for 65.9 percent of total Internet users in the country. In
    this rapidly expanding networked environment, the CCP continued to
    increase efforts to monitor Internet use, control content, restrict
    information, block access to foreign and domestic Web sites, encourage
    self-censorship, and punish those who violate regulations. According to
    news sources, more than 14 government ministries participated in these
    efforts, resulting in the censorship of thousands of domestic and
    foreign Web sites, blogs, cellphone text messages, social networking
    services, online chat rooms, online games, and e-mail. These measures
    were not universally effective.
        A 2005 State Council regulation deemed personal blogs, computer
    bulletin boards, and cellphone text messages as part of the news media,
    which subjected these media to state restrictions on content. Internet
    service providers were instructed to use only domestic media-news
    postings, to record information useful for tracking users and their
    viewing habits, to install software capable of copying e-mails, and to
    end immediately transmission of ``subversive material.''
        The Ministry of Public Security, which monitors the Internet under
    guidance from the CCP, employed thousands of persons at the national,
    provincial, and local levels to monitor electronic communications.
    Officials considered tools like social networking, micro-blogging, and
    video-sharing sites a major vulnerability for social stability and
    political control. The Information Office announced the formation of a
    new bureau in April. This new agency, officially called the Internet
    News Coordination Bureau, often referred to as Bureau Nine, operates
    under the State Council Information Office and is mainly responsible
    for ``guidance, coordination, and other work related to the
    construction and management of Web culture.'' Previously, the
    Information Office operated a single Bureau of Internet Affairs which
    supervised sites that published news in China.
        During the year provinces in northeast China strengthened control
    of the Internet, especially at Internet cafes. According to media
    reports, Liaoning Province successfully implemented a program to force
    independent Internet cafes to join larger franchises controlled by
    state-owned enterprises (SOEs). Liaoning Province also implemented
    regulations to ensure that the identities of all Internet cafe patrons
    could be verified and that software could be installed to allow
    authorities to monitor Internet use in real time and remotely control
    cafe computers.
        Major news portals, which reportedly were complying with secret
    government orders, required users to register using their real names
    and identification numbers to comment on news articles. Individuals
    using the Internet in public libraries were required to register using
    their national identity card. Internet usage reportedly was monitored
    at all terminals in public libraries. Internet cafes were required to
    install software that allows government officials to monitor customers'
    Internet usage. Internet users at cafes were often subject to
    surveillance. Many cafes sporadically enforced regulations requiring
    patrons to provide identification. In June 2009 the Ministry of
    Industry and Information Technology (MIIT) issued a directive
    instructing Internet cafes and schools to install ``Green Dam''
    software designed to censor objectionable Internet content based on an
    updatable central database. The software had been intended for
    installation in all computers sold in the country; however, objections
    from industry groups, Internet users, and foreign governments related
    to privacy and security concerns appeared to contribute to the
    postponement of enforcement of the directive. In July MIIT announced
    that it stopped funding the distribution and maintenance of the
    software.
        The Government consistently blocked access to Web sites it deemed
    controversial, especially those discussing Taiwan and Tibetan
    independence, underground religious and spiritual organizations,
    democracy activists, and the 1989 Tiananmen massacre. The Government
    also at times blocked access to selected sites operated by major
    foreign governments, news outlets, health organizations, educational
    institutions, and social networking sites, as well as to search
    engines, that allow rapid communication or organization of users.
        Some Web sites included images of cartoon police officers that warn
    users to stay away from forbidden content. Operators of Web portals,
    blog-hosting services, and other content providers engaged in self-
    censorship to ensure their servers were free from politically sensitive
    content. Domestic Web sites that refused to self-censor political
    content were shut down, and many foreign Web sites were blocked.
        During the year particularly during periods around sensitive
    events, authorities maintained tight control over Internet news and
    information. Access to foreign and domestic social networking sites was
    limited around Google's announcement it was considering leaving the
    country, the anniversary of the July 2009 riots in Xinjiang, the
    announcement of Liu Xiaobo's Nobel Peace Prize and the December prize
    ceremony, and other major events. In the wake of the riots in Urumqi,
    the Government asserted that information spread on the Internet had
    contributed to the violence, resulting in the complete shutdown of all
    Internet access, text messaging, and international telephone calls from
    the region. By January restrictions on international long-distance
    telephone calls to and from the XUAR had been lifted. Full Internet
    service was restored to the XUAR in May--10 months after it was
    blocked.
        Authorities employed an array of technical measures to block
    sensitive Web sites based in foreign countries. The ability of users to
    access such sensitive sites varied from city to city. The Government
    also automatically censored e-mail and Web chats based on an ever-
    changing list of sensitive key words, such as ``Falun Gong'' and
    ``Tibetan independence.'' While such censorship was effective in
    keeping casual users away from sensitive content, it was defeated
    easily through the use of various technologies. Software for defeating
    official censorship was readily available inside the country. Despite
    official monitoring and censorship, during the year dissidents and
    political activists continued to use the Internet to advocate and call
    attention to political causes such as prisoner advocacy, political
    reform, ethnic discrimination, corruption, and foreign policy concerns.
    Web users spanning the political spectrum complained of censorship. The
    blogs of a number of prominent activists, artists, scholars, and
    university professors were periodically blocked during the year.
        Given the limitations of technical censorship, self-censorship by
    Internet companies remained the primary means for authorities to
    restrict speech online. All Web sites are required to be licensed by or
    registered with MIIT, and all Internet content providers faced
    potential suspension of their licenses for failing to adequately
    monitor users of e mail, chat rooms, and instant messaging services.
    The Internet Society of China, a group composed of private and state-
    run Internet companies, government offices, and academic institutions,
    cosponsored a Web site in 2009, China Internet Illegal Information
    Reporting Centre, which invited members of the public to report illegal
    online activity. Users were able to use the site to report not only
    crimes, such as pornography, fraud, and gambling, but also ``attacks on
    the party and government.'' Self-censorship by blog-hosting services
    intensified prior to sensitive events.
        On January 3, authorities disconnected labor activist Zhang
    Shanguang's Internet service by orders of the Ministry of State
    Security. His Internet service was restored January 5, but problems
    remained with his service. Zhang was sentenced to 10 years in prison in
    1998 for ``illegally providing intelligence to hostile organizations
    overseas'' and ``incitement to overthrow the Government,'' charges
    believed to be connected to his labor activism and contacts with
    foreign journalists and human rights organizations.
        In July the Urumqi Intermediate People's Court convicted three
    Uighur webmasters--Dilshat Perhat, webmaster and owner of Diyarim;
    Nureli, webmaster of Salkin; and Nijat Azat, webmaster of Shabnam--of
    ``endangering state security.'' Dilshat Perhat received five years in
    prison; Nureli and Nijat Azat received three years and 10 years,
    respectively. The convictions reportedly were linked to posting
    politically sensitive language on the Web sites. The trials were
    reportedly closed.
        Authorities continued to jail numerous Internet writers for
    peaceful expression of political views. Starting February 26, police in
    Yunxi County, Hubei. detained Chen Yonggang and held him for eight days
    on suspicion of ``insulting and slandering others'' after Chen posted
    articles online alleging that local officials and businessmen had been
    colluding to embezzle huge funds of money in the name of engineering
    projects.
        On May 17, Tang Lin, the parent of a one-year-old tainted milk
    victim, wrote about the ``Sanlu Milk Power Incident'' in a QQ (on-line
    chat) group saying that he would ``take extreme action.'' Police in
    Chongqing arrested him May 19 and claimed that Tang's discussion in the
    group intended to ``spread terrorizing information and create a
    terrorizing atmosphere.'' He was punished with one-year of RTL. Tang's
    online message was deleted and there was no way for the public to know
    what he said to ``spread terrorizing information.''
        On May 28, National Security officers summoned Suining, Sichuan
    Province, dissident Liu Xianbin for articles he wrote and posted on
    overseas Web sites, as well as for his involvement with a recent
    seminar in Beijing regarding the case of three Fujian persons who were
    imprisoned for Internet postings. On June 28, Liu was formally
    detained, and at year's end, Liu remained in detention, awaiting a
    hearing on charges of ``subversion of state power.''
        On July 14, Web site managers at Sohu, Sina, and other major
    domestic Internet portals shut down the blogs of at least 100 prominent
    scholars, lawyers, and activists. Well-known bloggers, including He
    Weifang, Liu Junning, Pu Zhiqiang, Xu Zhiyong, and Zhang Zuhua, were
    among those whose blogs were removed.
        On July 29, Nanjing resident Huang Yiyu was detained for an online
    post regarding an explosion at a Nanjing chemical factory. The
    explosion, which took place on July 28, killed at least a dozen workers
    and injured hundreds, according to state media reports; Huang's post,
    entitled ``News from the Secret Information Office: Nanjing Chemical
    Factory Explosion Kills 259 People,'' claimed that the number of
    fatalities from the blast was far higher. Huang was believed to have
    been released on August 2. Reportedly, local officials took extreme
    measures to prevent citizens from reporting on the incident, including
    dispatching armed police to search the homes of nearby residents with
    the aim of deleting any images or video of the scene.
        On October 1, the revised State Secrets Law came into effect. An
    article published on Xinhua Net stresses the responsibility of
    providers of telecommunications services, especially Internet
    companies, to ``stop the leaking of state secrets on the Internet in a
    timely fashion.'' According to the revised law, Internet companies must
    cooperate with investigations of suspected leakages of state secrets,
    stop the transmission of such information once discovered, and report
    the crime to the authorities. Furthermore, they must comply with the
    authorities' orders when told to delete such information from their Web
    sites. Internet companies which fail to comply with the revised law
    will be punished by the relevant departments such as the police and the
    Ministry of State Security.
        In November Cheng Jianping was sentenced to a year in RTL for ``re-
    tweeting'' a message related to a dispute between China and Japan. Her
    purported crime was ``disturbing social order.''
        Following his written support for Liu Xiaobo on the Internet, Zhao
    Dagong, a Charter 08 signatory, was detained by the Shenzhen Police in
    January. Police raided his house and took his computers for
    investigation. Authorities released Zhao from detention two weeks
    later.
        In July 2009 Fan Yanqiong, along with two other bloggers, was
    charged with ``false allegations with intent to harm'' for reporting
    that a young woman was raped and killed by a group of men that included
    local officials. In April a court in Fuqing, Fuzhou Province, sentenced
    them to imprisonment on charges of defamation and leaking state
    secrets. Fan received a two-year sentence; authorities released Fan on
    medical parole in August, and at year's end she remained under house
    arrest in Nanping. Access to Fan remained controlled.
        Tibetan Internet writers Kunchok Tsephel and Kunga Tseyang were
    sentenced to 15 years and five years in prison, respectively, in
    separate cases in November 2009. Kunchok Tsephel was convicted on
    ``state secrets'' charges, while Kunga Tseyang was convicted on
    multiple charges, including writing and posting splittist articles on
    the Internet and having contact with a monk in India. Internet writer
    and environmental activist Chen Daojun was sentenced to three years in
    prison in 2008.
        According to Reporters Without Borders 2010 statistics, there were
    30 reporters and 74 cyber dissidents in prison.
        Regulations prohibit a broad range of activities that authorities
    interpret as subversive or slanderous to the state.

        Academic Freedom and Cultural Events.--The Government continued
    restrictions on academic and artistic freedom and political and social
    discourse at colleges, universities, and research institutes.
    Instructors generally were told not to raise certain sensitive topics
    in class, such as the 1989 Tiananmen massacre. The General
    Administration of Press and Publications, the State Administration of
    Radio, Film, and Television, and the Central Propaganda Department were
    active in issuing restrictive regulations and decisions that
    constrained the flow of ideas and people.
        Authorities on a few occasions blocked entry into the country of
    speakers deemed politically sensitive and declined to issue passports
    to individuals selected for international exchange programs who were
    seen as politically unreliable, in particular individuals from minority
    nationality areas.
        Information outreach, educational exchanges, and other cultural and
    public diplomacy programs organized by foreign governments occasionally
    were subject to government interference. Foreign experts invited to
    participate in foreign government-sponsored programs on certain topics
    were denied visas.
        A foreign media expert who was on a speaking tour in the country,
    in which she had already spoken in Beijing, Shanghai, and Guangzhou,
    was denied reentry to the mainland from Hong Kong.
        A minority student from the XUAR who was selected for a foreign
    government-sponsored academic exchange program was unable to
    participate because authorities from his university in Xinjiang refused
    to recommend granting him a passport.
        A number of other foreign government-sponsored exchange selectees,
    particularly those from minority provinces, encountered difficulties
    gaining approval to travel to participate in their programs.
        In April the Chinese Embassy in Moscow declined to issue a visa to
    a Russian filmmaker invited to participate in a foreign government-
    sponsored film festival in Beijing.
        The Chinese Academy of Social Sciences (CASS) restricted access to
    its computer networks and library databases for foreign scholars for a
    period of several months. CASS officials stated that the problem was a
    technical network security issue; affected scholars claimed there was
    political motivation.
        The Government used political attitudes and affiliations as
    criteria for selecting persons for the few government-sponsored study
    abroad programs but did not impose such restrictions on privately
    sponsored students. The Government and the party controlled the
    appointment of high-level officials at universities. While party
    membership was not always a requirement to obtain a tenured faculty
    position, scholars without party affiliation often had fewer chances
    for promotion.
        Researchers residing abroad also were subject to sanctions,
    including denial of visas, from the authorities when their work did not
    meet with official approval.

        b. Freedom of Peaceful Assembly and Association.--Freedom of
    Assembly.--The law provides for freedom of peaceful assembly; however,
    the Government severely restricted this right in practice. The law
    stipulates that such activities may not challenge ``party leadership''
    or infringe upon the ``interests of the state.'' Protests against the
    political system or national leaders were prohibited. Authorities
    denied permits and quickly suppressed demonstrations involving
    expression of dissenting political views.
        Citizens continued to gather publicly to protest evictions,
    relocations, and compensation in locations throughout the county, often
    resulting in conflict with authorities or other charges (see section
    1.f.).
        On April 29, approximately 500 villagers from Changchunling,
    Heilongjiang Province, blocked railroad tracks to protest an announced
    land requisition. More than 2,000 police, firefighters, and
    paramilitary troops reportedly responded to the protest. The ensuing
    riot resulted in injuries to both police officers and villagers.
    According to some reports, following the riots, police surrounded the
    village and shutdown communications networks including cell phones.
        In mid-July citizens held a mass protest in Suzhou's Tong'an
    Township, surrounding government offices and clashing with riot police.
    The demonstrators were protesting relocation compensation rates.
        On October 11, clashes between thousands of construction workers
    and police began in Dujiangyan, after a confrontation between laborers
    and management over unpaid wages left at least one worker dead. After
    company staff allegedly beat and killed one of their ranks, hundreds of
    workers blockaded a local road and subsequently clashed with police
    sent to restore order.
        On consecutive Sundays in late July and early August, more than
    2,000 persons gathered in Guangzhou to protest a Guangdong Chinese
    People's Political Consultative Conference proposal to scale down
    Cantonese-language programming on Guangzhou television channels. Police
    dispersed the crowd without incident on the first Sunday, but clashed
    with demonstrators and detained journalists on the second Sunday.
    Online comments and news coverage of the rallies, except for a
    government press conference claiming there was no intention to
    eliminate Cantonese and promote Mandarin, were removed from the
    Internet.
        All concerts, sports events, exercise classes, or other meetings of
    more than 200 persons require approval from public security
    authorities. Although peaceful protests are legal, in practice police
    rarely granted approval. Despite restrictions, there were many
    demonstrations, but those with political or social themes were broken
    up quickly, sometimes with excessive force. The number of ``mass
    incidents'' or violent protests against local government increased
    during the year. As in past years, the vast majority of demonstrations
    concerned land disputes; housing issues; industrial, environmental, and
    labor matters; government corruption; taxation; and other economic and
    social concerns. Others were provoked by accidents or related to
    personal petition, administrative litigation, and other legal
    processes.
        The ability of an individual to petition the Government is
    protected by law; however, persons petitioning the Government continued
    to face restrictions on their rights to assemble and raise grievances.
    Most petitions addressed grievances about land, housing, entitlements,
    the environment, or corruption. Most petitioners sought to present
    their complaints at national and provincial ``letters and visits''
    offices. According to press accounts on April 12, more than 1,000
    petitioners from villages in Zhuanghe knelt before the municipal
    government headquarters while waiting to have their petitions heard.
    They accused village leaders of corruption, embezzlement, and
    negligence related to local land development schemes. Zhuanghe's Mayor,
    Sun Ming, was forced to resign in the wake of the incident.
        Although regulations banned retaliation against petitioners,
    reports of retaliation continued. This was partly due to incentives
    provided to local officials by the central government to prevent
    petitioners in their regions from raising complaints to higher levels.
    Incentives included provincial cadre evaluations based in part on the
    number of petitions from their provinces. This initiative aimed to
    encourage local and provincial officials to resolve legitimate
    complaints but also resulted in local officials sending security
    personnel to Beijing and forcibly returning the petitioners to their
    home provinces. Such detentions occurred before and after the enactment
    of the new regulations and often went unrecorded. In August 2009 the
    General Office of the State Council issued new guidelines for handling
    petitioners. The rules mandate sending officials from Beijing to the
    provinces to resolve petition issues locally, thereby reducing the
    number of petitioners entering Beijing. Other new rules include a
    mandated 60-day response time for petitions and a regulation
    instituting a single appeal in each case.
        In July according to domestic media reports, police in Hubei
    severely beat Chen Yulian, the wife of a provincial law enforcement
    officer, mistaking her for a petitioner. Six public security officers
    beat Chen when she tried to enter her husband's office building, which
    houses the Hubei provincial party headquarters. The Communist Party
    chief of the district bureau stated that the incident was a ``total
    misunderstanding,'' as ``police officers never realized that they were
    beating the wife of a senior leader.''

        Freedom of Association.--The law provides for freedom of
    association, but the Government restricted this right in practice. CCP
    policy and government regulations require that all professional,
    social, and economic organizations officially register with, and be
    approved by, the Government. In practice these regulations prevented
    the formation of truly autonomous political, human rights, religious,
    spiritual, labor, and other organizations that might challenge
    government authority.
        The Government maintained tight controls over civil society
    organizations. Legal and surveillance efforts aimed at controlling them
    increased. On March 1, new regulations issued by the State
    Administration for Foreign Exchange (SAFE) on foreign exchange
    donations to or by domestic institutions came into effect. According to
    the regulations, foreign exchange donations must ``comply with the laws
    and regulations.and shall not go against social morality or damage
    public interests and the legitimate rights and interests of other
    citizens.'' For donations between a domestic organization and a foreign
    NGO, the regulations required all parties and the banks to approve
    additional measures prior to a transaction being processed.
        To register, an NGO must find a government agency to serve as its
    organizational sponsor, have a registered office, and hold a minimum
    amount of funds. Some organizations with social or educational purposes
    that previously registered as private or for-profit businesses
    reportedly were requested to find a government sponsor and re-register
    as NGOs during the year. Although registered organizations all came
    under some degree of government control, some NGOs were able to operate
    with a degree of independence.
        The number of NGOs continued to grow, despite tight restrictions
    and regulations. According to the Ministry of Civil Affairs (MCA), as
    of the end of 2009, the country had 431,000 legally registered social
    organizations including social groups (238,000), civil nonbusiness
    units (190,000), and foundations (1,843). During the year an MCA
    official wrote, ``in 2007, China started to use the term ``social
    organization'' instead of ``civil organization'' because ``civil''
    contrasts with ``official'' and reflected the opposing roles of civil
    society and government in the traditional political order. The
    Sixteenth and Seventeenth CCP Congresses changed the name to ``social
    organization.'' NGOs existed under a variety of formal and informal
    guises, including national mass organizations created and funded by the
    CCP, known as ``government NGOs'' or GONGOs.
        The lack of legal registration created numerous logistical
    challenges for NGOs, including difficulty opening bank accounts, hiring
    workers, and renting office space. NGOs that opted not to partner with
    government agencies could register as commercial consulting companies,
    which allowed them to obtain legal recognition at the cost of forgoing
    tax-free status. Security authorities routinely warned domestic NGOs,
    regardless of their registration status, not to accept donations from
    the U.S. government-funded National Endowment for Democracy and other
    international organizations deemed sensitive by the Government.
    Authorities supported the growth of some NGOs that focused on social
    problems, such as poverty alleviation and disaster relief, but remained
    concerned that these organizations might emerge as a source of
    political opposition. Many NGOs working in the Tibet Autonomous Region
    (TAR) were forced to leave because their project agreements were not
    renewed by their local partners following unrest in Lhasa and other
    Tibetan communities in 2008.
        No laws or regulations specifically govern the formation of
    political parties. However, the CDP remained banned, and the Government
    continued to monitor, detain, and imprison current and former CDP
    members.

        c. Freedom of Religion.--For a complete description of religious
    freedom, see the 2010 International Religious Freedom Report at
    www.state.gov/g/drl/irf/rpt.

        d. Freedom of Movement, Internally Displaced Persons, Protection of
    Refugees, and Stateless Persons.--The law provides for freedom of
    movement within the country, foreign travel, emigration, and
    repatriation; however, the Government generally did not respect these
    rights in practice. The Government sometimes cooperated with the Office
    of the UN High Commissioner for Refugees (UNHCR) in providing
    protection and assistance to refugees, asylum seekers, and other
    persons of concern.
        Authorities heightened restrictions on freedom of movement
    periodically, particularly to curtail the movement of individuals
    deemed politically sensitive before key anniversaries and visits of
    foreign dignitaries, and to forestall demonstrations. Freedom of
    movement continued to be extremely limited in the TAR and other Tibetan
    areas. Police maintained checkpoints in most counties and on roads
    leading into many towns, as well as within major cities such as Lhasa.
        Although the Government maintained restrictions on the freedom to
    change one's workplace or residence, the national household
    registration system (hukou) continued to change, and the ability of
    most citizens to move within the country to work and live continued to
    expand. Rural residents continued to migrate to the cities, where the
    per capita disposable income was more than four times the rural per
    capita income, but many could not officially change their residence or
    workplace within the country. Most cities had annual quotas for the
    number of new temporary residence permits that could be issued, and all
    workers, including university graduates, had to compete for a limited
    number of such permits. It was particularly difficult for rural
    residents to obtain household registration in more economically
    developed urban areas.
        The household registration system added to the difficulties rural
    residents faced even after they relocated to urban areas and found
    employment. The National Bureau of Statistics reported that there were
    225 million migrant workers at the end of 2008. These economic migrants
    lacked official residence status in cities, and it was difficult for
    them to gain full access to social services, including education and
    health care, despite laws, regulations, and programs meant to address
    their needs. Migrant workers had little recourse when subject to abuse
    by employers and officials. Some major cities maintained programs to
    provide migrant workers and their children access to public education
    and other social services free of charge, but migrants in some
    locations reported that it was difficult to obtain for these benefits
    in practice.
        Under the ``staying at prison employment'' system applicable to
    recidivists incarcerated in RTL camps, authorities denied certain
    persons permission to return to their homes after serving their
    sentences. Some released or paroled prisoners returned home, but they
    were not permitted freedom of movement.
        The Government permitted legal emigration and foreign travel for
    most citizens. There were reports that some academics and activists
    continued to face travel restrictions around sensitive anniversaries.
    In the fall, most notably in the time period between the Nobel Peace
    Prize announcement on October 8 and the December 10 Nobel ceremony, a
    large number of activists, lawyers, artists, authors, or other
    dissidents were prevented from leaving the country on the grounds that
    their doing so would damage the country's national security. Some were
    stopped at the airport, others were explicitly told prior to travel
    that they would be prevented from leaving the country (see section
    1.e.).
        Most citizens could obtain passports, although those whom the
    Government deemed threats, including religious leaders, political
    dissidents, and ethnic minorities, were refused passports or otherwise
    prevented from traveling overseas. Uighur residents of the XUAR
    reported difficulties at the local level in getting a passport
    application approved. Some residents of the XUAR and other citizens
    have reportedly had valid passports seized. In Tibetan regions of
    Qinghai, Gansu, and Sichuan provinces, in addition to the TAR, ethnic
    Tibetans experienced great difficulty applying for passports. The
    unwillingness of the PSB in Tibetan areas to issue or renew passports
    for ethnic Tibetans created, in effect, a ban on foreign travel for a
    large segment of the Tibetan population. Han residents of Tibetan
    areas, however, did not experience the same difficulties.
        The law neither provides for a citizen's right to repatriate nor
    otherwise addresses exile. The Government continued to refuse reentry
    to numerous citizens who were considered dissidents, Falun Gong
    activists, or ``troublemakers.'' Although some dissidents living abroad
    were allowed to return, dissidents released on medical parole and
    allowed to leave the country often were effectively exiled. Activists
    residing abroad were imprisoned upon their return to the country.
        In December 2009 the Royal Government of Cambodia, at the request
    of PRC authorities, forcibly returned a group of 20 Uighur asylum
    seekers to the country. At year's end their whereabouts and welfare
    remained unknown.
        The Government continued to try to prevent many Tibetans from
    leaving and detained many who were apprehended in flight (see Tibet
    Addendum). By year's end 874 Tibetans had arrived at the UNHCR
    reception center in Kathmandu. Flows to Nepal increased slightly during
    the year but were lower than the levels prior to the 2008 Lhasa
    crackdown. For the first time since 2003, there was a confirmed
    forcible return of three Tibetans from Nepal in June.
        In January videographer and Sun Yat-sen University professor Ai
    Xiaoming received the Prix Simone de Beauvoir (international human
    rights prize for women's freedom), but authorities did not allow her to
    travel abroad to attend the award ceremony.

        Protection of Refugees.--Although the country is a party to the
    1951 Convention relating to the Status of Refugees and its 1967
    Protocol, the law does not provide for the granting of refugee or
    asylum status, and the Government has not established a system for
    providing protection to refugees. The Government largely cooperated
    with the UNHCR when dealing with the resettlement of ethnic Han Chinese
    or ethnic minorities from Vietnam and Laos residing in the country.
    During the year the Government and the UNHCR continued discussions
    concerning the granting of citizenship to these residents.
        While the Government officially acknowledged that 37,000 residents
    of Kokang, in northeastern Burma, fled across the border into Yunnan
    during the Burmese army crackdown in August 2009, they were not
    officially designated as refugees. The Government did not respond to a
    UNHCR request for access to the border areas.
        The Government continued to consider all North Koreans ``economic
    migrants'' rather than refugees or asylum seekers, and the UNHCR
    continued to have limited access to North Korean refugees inside China.
    The lack of access to durable solutions and options, as well as
    constant fear of forced repatriation by authorities, left North Korean
    refugees vulnerable to human traffickers. Even refugees under UNCHR
    care were subjected to harassment and restrictions by authorities. The
    Government continued to deny the UNHCR permission to operate along its
    northeastern border with North Korea.
        In practice the Government did not provide protection against the
    expulsion or return of refugees to countries where their lives or
    freedom would be threatened on account of their race, religion,
    nationality, membership in a particular social group, or political
    opinion. Some North Koreans were permitted to travel to third countries
    after they entered diplomatic compounds in the country. The intensified
    crackdown begun in 2008 against North Korean refugees reportedly
    extended to harassment of religious communities along the border. The
    undocumented children of some North Korean asylum seekers and of mixed
    couples (i.e., one Chinese parent and one North Korean parent)
    reportedly did not have access to health care, public education, or
    other social services. The Government arrested and detained individuals
    who provided food, shelter, transportation, and other assistance to
    North Koreans. According to reports, some activists or brokers detained
    for assisting North Koreans were charged with human smuggling, and in
    some cases the North Koreans were forcibly returned to North Korea.
    There were also reports that North Korean agents operated clandestinely
    within the country to forcibly repatriate North Korean citizens.
        Although the Government does not grant refugee or asylum status, it
    allowed the UNHCR more latitude in assisting non-North Korean refugees.
    At the end of 2009 UNHCR Beijing had processed refugee claims for
    approximately 100 non-North Korean refugees in China (from Pakistan,
    Iraq, Somalia, and Eritrea). However, because these individuals were
    not officially recognized refugees, they remained in the country as
    illegal immigrants unable to work, with no access to education, and
    deportable by the host government at anytime.
    Section 3. Respect for Political Rights: The Right of Citizens to
            Change Their Government
        The constitution states that ``all power in the People's Republic
    of China belongs to the people'' and that the organs through which the
    people exercise state power are the NPC and the people's congresses at
    provincial, district, and local levels. However, the law does not
    provide citizens with the right to change their government peacefully,
    and citizens cannot freely choose or change the laws and officials that
    govern them. The CCP continued to control appointments to positions of
    political power.

        Elections and Political Participation.--According to the law, the
    NPC is the highest organ of state power. Formally, the NPC, composed of
    2,987 deputies, elects the president and vice president, the premier
    and vice premiers, and the chairman of the State Central Military
    Commission. In practice the NPC Standing Committee, which is composed
    of 175 members, oversaw these elections and determined the agenda and
    procedure for the NPC.
        The NPC Standing Committee remained under the direct authority of
    the party, and most legislative decisions require the concurrence of
    the CCP's nine-member Politburo Standing Committee. Despite its broad
    authority under the state constitution, the NPC does not set policy
    independently or remove political leaders without the party's approval.
        According to statistics from the MCA, almost all of the country's
    more than 600,000 villages had implemented direct elections for members
    of local sub-government organizations known as village committees. The
    direct election of officials by ordinary citizens remained narrow in
    scope and strictly confined to the local level. The Government
    estimated that one-third of all elections had serious procedural flaws.
    Corruption, vote buying, and interference by township-level and party
    officials continued to be problems. The law permits each voter to cast
    proxy votes for up to three other voters.
        The election law governs legislative bodies at all levels. Under
    this law citizens have the opportunity to vote for local people's
    congress representatives at the county level and below, although in
    most cases the nomination of candidates in those elections was
    controlled by higher-level government officials or CCP cadres. At
    higher levels, legislators selected people's congress delegates from
    among their ranks. For example, provincial-level people's congresses
    selected delegates to the NPC. Local CCP secretaries generally served
    concurrently as the head of the local people's congress, thus
    strengthening party control over legislatures.
        On October 28, the NPC Standing Committee passed revisions to the
    law on deputies to the NPC and to lower-level people's congresses.
    Among other provisions the revisions stipulate that deputies may not
    serve as professional legislators but must have separate full-time
    jobs, and deputies may not maintain individual constituent liaison
    offices.
        Official statements asserted that ``the political party system
    [that] China has adopted is multiparty cooperation and political
    consultation under'' the CCP leadership. However, the CCP retained a
    monopoly on political power, and the Government forbade the creation of
    new political parties. The Government officially recognized nine
    parties founded prior to 1949, and 30 percent of NPC seats were held by
    parties other than the CCP. The establishment of new parties is
    functionally prohibited, and activists attempting to support unofficial
    parties have been arrested, detained, or confined.
        In September 2009 in Hunan Province, dissident Xie Changfa, who
    tried to organize a national meeting of the banned China Democratic
    Party, was sentenced to 13 years in prison. Guo Quan remained
    imprisoned following his October 2009 sentence to 10 years in prison
    and three years' deprivation of political rights for ``subversion of
    state power.'' Guo, a former Nanjing University professor and founder
    of the China New Democracy Party, published articles criticizing the
    country's one-party system. At year's end more than 30 current or
    former CDP members remained in prison or held in RTL camps, for their
    connection to a 2002 open letter calling for political reform and a
    reappraisal of the 1989 Tiananmen uprising, including Chen Shuqing,
    Sang Jiancheng, Yang Tianshui, and Jiang Lijun. In January 2009 CDP
    member Wang Rongqing was sentenced to six years' imprisonment for
    ``subversion against the state'' after publishing articles critical of
    the political system.
        The Government placed no special restrictions on the participation
    of women or minority groups in the political process. However, women
    held few positions of significant influence in the CCP or government
    structure. Among the 2,987 delegates of the 11th NPC (term 2008-13),
    637 are women (21.3 percent of the total). There was one female member
    of the CCP's 25-member Politburo, who also concurrently served as one
    of five state councilors. There are three women ministers within the 28
    organs of the State Council: Minister of Supervision Ma Wen, Minister
    of Justice Wu Aiying, and Head of the National Population and Family
    Planning Commission Li Bin. According to government-provided
    information there were more than 230 female provincial and ministerial
    officials, more than 670 female mayors--twice the number in 1995--and
    more than 15 million female CCP cadres (approximately one-fifth of the
    total party membership).
        The Government encouraged women to exercise their right to vote in
    village committee elections and to run in those elections, although
    only a small fraction of elected members were women. In many locations
    a seat on the village committee was reserved for a woman, usually given
    responsibility for family planning.
        A total of 411 delegates from 55 ethnic minorities were members of
    11th NPC, accounting for 13.76 percent of the total number of
    delegates. All of the country's officially recognized minority groups
    were represented. The 17th Communist Party Congress elected 40 members
    of ethnic minority groups as members or alternates on the Central
    Committee. The only ministerial-level post held by an ethnic minority
    member was in the State Ethnic Affairs Commission, headed by Yang Jing,
    an ethnic Mongol from Inner Mongolia. In addition, there was one ethnic
    minority member, Vice Premier Hui Liangyu, of the Hui ethnic group, on
    the Politburo. Minorities held few senior party or government positions
    of significant influence.
    Section 4. Official Corruption and Government 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. Many
    cases of corruption involved areas that were heavily regulated by the
    Government and therefore susceptible to fraud, bribery, and kickbacks,
    such as land usage rights, real estate, and infrastructure development.
    On December 29, the Information Office of the State Council released
    its first white paper on Efforts to Combat Corruption and Build Clean
    Government.
        Court judgments often could not be enforced against powerful
    special entities including government departments, state-owned
    enterprises, military personnel, and some members of the CCP. The
    Supreme Court during 2008-09 stated that there was a backlog of 330,000
    cases, with a total of RMB 343 billion ($50 billion) at stake.
        In its 2009 annual work report, the Supreme People's Procuracy
    reported that procuratorates nationwide had investigated 32,439
    corruption, dereliction of duty, and infringement of human rights
    cases, a decrease of 3.3 percent from the previous year, involving
    41,531 suspects, an increase of 0.9 percent. Among them, 2,670 suspects
    of embezzlement or bribery were officials at or above county- and
    director-level, including 204 at director general- or deputy director
    general-level and eight at the minister- (governor) or deputy minister-
    (vice governor) level; 9,355 were suspected of dereliction of duty or
    infringement of human rights. The SPP also investigated 10,218 cases of
    commercial bribery involving state functionaries. Within the SPP
    itself, 247 prosecutors were disciplined and 25 of them were charged
    criminally, though how many of these cases were corruption related was
    not specified.
        The party's Central Commission for Discipline Inspection (CCDI),
    its lead body for countering corruption among members, reported that
    106,000 members had been found guilty of corruption in 2009, an
    increase of 2.5 percent over 2008. Of these, 85,353 received ``party
    discipline'' punishment and 29,718 received ``administrative
    punishment.''
        In an August 28 speech to government officials, Premier Wen Jiabao
    described corruption as ``the greatest danger for a ruling party.'' In
    July the Government and party issued a regulation requiring officials
    in government agencies or state-owned enterprises at the county-level
    or above to report their ownership of property, including property in
    their spouses' or children's names, as well as their family's
    investment in financial assets and in enterprises. Also in July the
    Government and party announced it would introduce a new collective
    decision-making procedure into state-owned enterprises, requiring all
    important decisions, including allocations of capital, arrangements for
    major projects, and personnel decisions, to be jointly decided by
    collective leadership. In the wake of the trial and conviction for
    corruption of former SPC Vice President Huang Songyou in January, the
    SPC reported that it had strengthened internal supervision by
    appointing anticorruption monitors, sending inspection task forces to
    local courts, and promulgating more discipline. The SPC reported that
    in 2009, 795 staff members in the court system were disciplined, and
    137 of them were transferred to judicial organs as criminal suspects,
    but how many of these cases were corruption related was not specified.
        There were numerous cases of public officials and leaders of state-
    owned enterprises, who generally also hold high party rank,
    investigated for corruption during the year.
        In May Huang Guangyu, the founder of Gome Electrical Appliance
    Holding, who was detained in November 2009 on unspecified charges of
    ``economic crimes,'' was convicted of illegal business operation,
    insider trading, and bribery, sentenced to 14 years in prison, fined
    RMB 600 million (approximately $90 million), and had RMB 200 million
    (approximately $30 million) in personal assets confiscated. Former
    Guangdong provincial police chief and chairman of the Guangdong
    provincial committee of the CPPCC, Chen Shaoji, who was detained along
    with Huang Guangyu in November 2009, was sentenced to death with a two-
    year suspension after being found guilty of accepting bribes.
        Among the eight minister- or deputy minister-rank officials
    investigated for corruption in 2009 were former SPC Vice President
    Huang Songyou, sentenced to life imprisonment for taking bribes and
    embezzlement; Wang Yi, former vice president of state-owned China
    Development Bank, who received a suspended death sentence for taking
    bribes; and Wang Huayuan, former secretary of the Guangdong and
    Zhejiang provincial party commissions for discipline inspection, who
    was sentenced to death, suspended for two years. Also Zhang Chunjiang,
    the party chief at China Mobile, the world's largest mobile phone
    operator by subscribers, was removed from his post and expelled from
    the CCP after a CCDI inspection found him culpable of taking bribes in
    September. In 2009 35 senior executives of China's large SOEs, such as
    former Sinopec chairman Chen Tonghai, faced corruption charges.
        As part of efforts to increase transparency in the hiring process
    for party and government officials, Jilin Province instituted an ``open
    selection'' system for 800 positions in June. The online system allowed
    any qualified member of the public to apply--a departure from similar
    programs that required applicants be nominated by their work unit.
        The Ministry of Supervision and the CCDI are responsible for
    combating government corruption.
        In September People's University in Beijing inaugurated its first
    semester of ``anticorruption'' postgraduate courses taught by the CCP's
    leading antigraft officials. He Jiahong, deputy director of the
    university's criminal law research center, said that courses would be
    taught on advanced investigation techniques, such as ``how to obtain
    testimony from witnesses,'' ``the observation of facial expressions,''
    and ``lie-detection techniques.'' Leading prosecutors of the SPP
    including Chen Lianfu, director of the SPP's Bureau of Anti-
    Embezzlement and Bribery, and seven other antigraft prosecutors were
    brought to teach their techniques and give guidance. The course had 30
    students and ``plays a positive role in social anticorruption,''
    according to professor Lin Zhe at the CCP Party School. All students
    selected for the program ``met strict criteria and were tested for
    aptitude,'' the official Global Times reported.
        Since 2008 the country has had freedom of information regulations
    in effect, which allow citizens to request information from the
    Government. While limited in comparison to freedom of information
    regulations in many other countries, the regulations did require
    government authorities to create formal channels for information
    requests and include an appeal process if requests were rejected or not
    answered. Publicly released provincial- and national-level statistics
    for freedom of information requests showed wide disparities in numbers
    of requests filed and in official documents released in response.
        The November 2009 report of the UN Group of Experts (UNGOE) on the
    Democratic Republic of the Congo (DRC) presented information indicating
    that Huaying Trading Company (HTC), a Chinese-run mineral exporting
    company based in eastern DRC, sources minerals that originated in
    eastern DRC under the control of the Democratic Liberation Forces of
    Rwanda (FDLR). The FDLR, whose leaders continued to include architects
    of the 1994 Rwandan genocide, has committed numerous, serious human
    rights abuses in eastern DRC and Rwanda.
        In December 2010 an international NGO, Global Witness, published a
    report that stated that the export records of the DRC government's
    Division of Mines showed that two Chinese companies and one Hong Kong
    company purchased 100 percent of the 41.4 tons of columbite-tantalite
    (or ``coltan'') that originated in the conflict-affected North Kivu
    Province in May 2010. According to Global Witness, the three companies
    were Fogang Jiata Metals, Star 2000 Services, and Hong Kong-based
    Unilink Trading Hong Kong. The UNGOE interim report of May 2010 stated
    that ``in the Kivu provinces, it appears, almost every mining deposit
    is controlled by an armed group.''
    Section 5. Governmental Attitude Regarding International and
            Nongovernmental Investigation of Alleged Violations of Human
            Rights
        The Government sought to maintain control over civil society
    groups, halt the emergence of independent NGOs, hinder the activities
    of civil society and rights' activist groups, and prevent what it has
    called the ``westernization'' of the country. The Government did not
    permit independent domestic NGOs to monitor openly or to comment on
    human rights conditions; in addition, domestic NGOs were harassed. The
    Government tended to be suspicious of independent organizations and
    increased scrutiny of NGOs with financial and other links overseas.
    Most large NGOs were quasi-governmental, and all official NGOs had to
    be sponsored by government agencies. Some grassroots NGOs registered as
    companies to avoid regulations requiring NGOs to have a sponsoring
    government agency.
        An informal network of activists around the country continued to
    serve as a credible source of information about human rights
    violations. The information was disseminated through organizations such
    as the Hong Kong-based Information Center for Human Rights and
    Democracy, the foreign-based Human Rights in China Chinese Human Rights
    Defenders, and via the Internet.
        The Government remained reluctant to accept criticism of its human
    rights record by other nations or international organizations. It
    criticized reports by international human rights monitoring groups,
    claiming that such reports were inaccurate and interfered with the
    country's internal affairs. Representatives of some international human
    rights organizations reported that authorities denied their visa
    requests or restricted the length of visas issued to them.
        The Government did not have a human rights ombudsman or commission.
    The Government-established China Society for Human Rights is an NGO
    whose mandate is to defend the Government's human rights record. The
    Government maintained that each country's economic, social, cultural,
    and historical conditions influence its approach to human rights.
        The ICRC operated an office in Beijing, but the Government did not
    authorize the ICRC to visit prisons. The Government continued
    unofficial discussions on human rights and prisoner issues with a
    foreign-based human rights group, although the Government's cooperation
    with the group was not as extensive as in previous years.
        The Government continued to participate in official diplomatic
    human-rights dialogues with foreign governments.
    Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
        There were laws designed to protect women, children, persons with
    disabilities, and minorities. However, some discrimination based on
    ethnicity, sex, and disability persisted.

        Women.--Rape is illegal, and some persons convicted of rape were
    executed. The law does not recognize expressly or exclude spousal rape.
    The Government has not made available official statistics on rape or
    sexual assault, leaving the scale of sexual violence difficult to
    determine. Migrant female workers were particularly vulnerable to
    sexual violence.
        Violence against women remained a significant problem. According to
    a 2008 survey by the All-China Women's Federation (ACWF), domestic
    violence affected one-third of China's 267 million families. The
    Government supported shelters for victims of domestic violence, and
    some courts were beginning to provide protections to victims. However,
    official assistance did not always reach victims, and public security
    forces often ignored situations of domestic violence. According to
    reports, 30 to 37 percent of families suffered from domestic violence,
    and more than 90 percent of the victims were women. The ACWF reported
    that it alone received 50,000 domestic violence complaints annually.
    Spousal abuse typically went unreported; an ACWF study found that only
    7 percent of rural women who suffered domestic violence sought help
    from police. While domestic violence tended to be more prevalent in
    rural areas, it also took place among the highly educated urban
    population. The ACWF reported that approximately one-quarter of the
    400,000 divorces registered each year were the result of family
    violence.
        The number of victims' shelters grew. According to ACWF statistics,
    in 2008 there were 27,000 legal-aid service centers, 12,000 special
    police booths for domestic violence complaints, 400 shelters for
    victims of domestic violence, and 350 examination centers for women
    claiming to be injured by domestic violence nationwide. Most shelters
    were operated by the Government, some with NGO participation. During
    the year the Government provided 680,000 office spaces in government
    buildings for women's resource centers.
        Both the Marriage Law and the Law on the Protection of Women's
    Rights and Interests have stipulations that directly prohibit domestic
    violence; however, some experts complained that the stipulations are
    too general, fail to define domestic violence, and are difficult to
    implement. Because of the judicial standard of ruling out ``all
    unreasonable doubt,'' even if a judge was certain that domestic
    violence was occurring, he or she could not rule against the abuser
    without the abuser's confession. Only 10 percent of accused abusers
    confessed to violent behavior in the family, according to 2009 data
    from the Institute of Applied Laws, a think tank associated with the
    court system. Collecting evidence in domestic violence cases remained
    difficult: the institute reported that 40 to 60 percent of marriage and
    family cases involved domestic violence; however, less than 30 percent
    were able to supply indirect evidence, including photographs, hospital
    records, police records, or children's testimony. Witnesses seldom
    testified in court.
        In April 2009 the Hunan High People's Court reportedly issued the
    first provincial-level guiding opinion concerning domestic violence
    cases, which was aimed at strengthening protections for female victims
    during judicial proceedings related to such abuse. In June 2009 a
    district court in Zhejiang Province granted the province's first anti-
    domestic violence court order to a female victim. Following similar
    2008 orders in Jiangsu and Hunan, the order prohibits the abuser from
    intimidating or beating the spouse and opens the way for security
    forces to intervene to protect the victim's safety.
        After the Law on the Protection of Women's Rights was amended in
    2005 to include a ban on sexual harassment, the number of sexual
    harassment complaints increased significantly.
        The Government restricted the rights of parents to choose the
    number of children they have. The national family-planning authorities
    shifted their emphasis from lowering fertility rates to maintaining low
    fertility rates and emphasized quality of care in family-planning
    practices. In May a representative of the National Population and
    Family Planning Commission reported that 85 percent of women of
    childbearing age used some form of contraception. Of those, 70 percent
    used a reversible method. However, the country's birth limitation
    policies retained harshly coercive elements, in law and practice. The
    financial and administrative penalties for unauthorized births were
    strict.
        From February to April, Xuzhou, Jiangsu Province was the site of a
    high-profile court proceeding in which a 30-year-old female plaintiff
    sued the local family-planning bureau, claiming that she had been
    barred from a civil service position in the county government for
    giving birth to a child before marriage. Although she married the
    father soon after the child's birth, the court ruled that the family-
    planning bureau's original decree citing the birth as out of wedlock
    held, which did make her ineligible for the Government position.
        Although the Government announced adjustments would be implemented
    to address the problem of unequal birth sex ratios, it also affirmed
    the orientation of its family-planning policy at the highest levels,
    including maintaining the policy as part of the 12th Five-Year Plan
    that will be in effect 2011-15. In September Vice Premier Li Keqiang
    emphasized, however, that the policy would be ``better coordinated'' to
    take into account long-term economic and social developments.
        In 2007 China Daily reported, ``although sex selection is banned by
    the Population and Family Planning Law and the Law on Maternal and
    Infant Health, there are currently no provisions on the applicable
    punishment for such acts.''
        The NPFPC has been trying for many years to criminalize illegal sex
    identification and sex-selective abortion (commonly referred to as the
    ``Two Nons''), which currently are prohibited only under administrative
    law. Members of the NPFPC have been working on the issue of legal
    reform related to sex-selective abortion since its inception and have
    proposed amendments to the Criminal Code to the National People's
    Congress (NPC) dealing with sex-selective abortion each year since
    2006.
        The use of ultrasounds to determine the sex of fetuses was
    prohibited. This ban, which carried administrative fines and penalties
    for healthcare workers found to have violated it, has been in place
    since 1995. Another similar ban on sex selective abortions was imposed
    by the NPFPC in 2004, although neither carried specific criminal
    penalties.
        The 2002 National Population and Family-planning Law standardized
    the implementation of the Government's birth limitation policies;
    however, enforcement varied significantly. The law grants married
    couples the right to have one birth and allows eligible couples to
    apply for permission to have a second child if they meet conditions
    stipulated in local and provincial regulations. The one-child limit was
    more strictly applied in urban areas, where only couples meeting
    certain conditions are permitted to have a second child (e.g., if each
    of the would-be parents are themselves an only child). In most rural
    areas, the policy was more relaxed, with couples permitted to have a
    second child in cases where the first child was a girl. Ethnic
    minorities are subject to less stringent rules. Countrywide, 35 percent
    of families fell under the one-child restrictions, and more than 60
    percent of families were eligible to have a second child, either
    outright or if they met certain criteria. The remaining 5 percent were
    eligible to have more than two children. According to government
    statistics, the average fertility rate for women nationwide was 1.8
    (representing the number of children each woman of child-bearing age
    has); in the country's most populous and prosperous city, Shanghai, the
    fertility rate was 0.8.
        While all provinces eliminated the birth-approval process for a
    first child, thus allowing parents to choose when to start having
    children, some provinces continued to regulate the period of time
    required between births. This adjustment signaled an end to the former
    family-planning quota system, in which some couples previously had to
    delay pregnancies if the allotted birth quota for that locality had
    already been exceeded.
        The law requires each person in a couple that has an unapproved
    child to pay a ``social compensation fee,'' which can reach 10 times a
    person's annual disposable income. The law grants preferential
    treatment to couples who abide by the birth limits.
        Social compensation fees were set and assessed at the local level.
    The law requires family-planning officials to obtain court approval
    before taking ``forcible'' action, such as detaining family members or
    confiscating and destroying property of families who refuse to pay
    social compensation fees. However, in practice this requirement was not
    always followed, and national authorities remained ineffective at
    reducing abuses by local officials.
        The population control policy relied on education, propaganda, and
    economic incentives, as well as on more coercive measures. Those who
    violated the child limit policy by having an unapproved child or
    helping another do so faced disciplinary measures such as social
    compensation fees, job loss or demotion, loss of promotion opportunity,
    expulsion from the party (membership is an unofficial requirement for
    certain jobs), and other administrative punishments, including in some
    cases the destruction of private property.
        In order to delay childbearing, the law sets the minimum marriage
    age for women at 20 years and for men at 22 years. It continued to be
    illegal in almost all provinces for a single woman to have a child,
    with fines levied for violations. The law states that family-planning
    bureaus will conduct pregnancy tests on married women and provide them
    with unspecified ``follow-up'' services. Some provinces fined women who
    did not undergo periodic pregnancy tests.
        Officials at all levels remained subject to rewards or penalties
    based on meeting the population goals set by their administrative
    region. Promotions for local officials depended in part on meeting
    population targets. Linking job promotion with an official's ability to
    meet or exceed such targets provided a powerful structural incentive
    for officials to employ coercive measures to meet population goals. An
    administrative reform process initiated pilot programs in some
    localities that sought to remove this linkage for evaluating officials'
    performance.
        Although the family-planning law states that officials should not
    violate citizens' rights in the enforcement of family-planning policy,
    these rights, as well as penalties for violating them, are not clearly
    defined. By law citizens may sue officials who exceed their authority
    in implementing birth-planning policy. However, there exist few
    protections for whistleblowers against retaliation from local
    officials. The law provides significant and detailed sanctions for
    officials who help persons evade the birth limitations.
        During the year Puning City, Guangdong Province conducted two
    campaigns of ``sterilization of married couples that have two
    children'' during the year. According to the Puning government, the
    city conducted 8,916 sterilization procedures in April and more than
    3,000 in September. Meanwhile, a report by the Southern Rural News, a
    paper belonging to the Nanfang Daily Group, indicated that if two-child
    couples identified for sterilization did not cooperate with family-
    planning officials or fled the area, authorities confiscated the
    couples' property or detained their family members. Detained family
    members were forced to take family-planning policy-learning sessions--
    officials forced at least 1,300 persons related to two-child couples to
    attend the learning sessions in April.
        Government regulations implemented in 2008 make family-planning
    services, including reproductive health information and services,
    contraception devices, and family-planning technical services,
    available and free to migrants in their temporary residences.
    Previously, migrants were often forced to return to the place of their
    legal household registrations to receive services.
        According to 2008 UN statistics, the maternal mortality ratio was
    an estimated 38 per 100,000 live births. Regional differences indicated
    that the maternal mortality ratio in rural areas was much higher than
    in urban areas and also higher in poorer than in developed regions.
        According to a 2008 UN Development Fund (UNDP) report, China
    established specific objectives for infant and maternal mortality rates
    as well as for immunization coverage in the 11th National Development
    Plan (2006-2010). In 2003 the country implemented a health plan called
    the New Cooperative Medical Scheme (NCMS) meant to cover the entire
    rural population by 2010. Medical financial aid to fund and subsidize
    participation in NCMS by the poor was also introduced. Public funding
    for NCMS reportedly covered 85.7 percent of counties and had 730
    million subscribers. Still, rural, poor, migrant, and ethnic minority
    women continued to suffer the greatest mortality rates due to a lack of
    access to quality health services. There were reportedly more than
    3,000 mother-child health centers nationwide, employing 500,000 staff
    in a three-tiered network of county-, township-, and village-level
    services providing mother and child health care.
        The constitution states that ``women enjoy equal rights with men in
    all spheres of life.'' The Law on the Protection of Women's Rights and
    Interests provides for equality in ownership of property, inheritance
    rights, and access to education. The ACWF was the leading implementer
    of women's policy for the Government, and the State Council's National
    Working Committee on Children and Women coordinated women's policy.
    Nonetheless, many activists and observers were concerned that the
    progress made by women over the past 50 years was eroding. They
    asserted that the Government appeared to have made the pursuit of
    gender equality a secondary priority as it focused on economic reform
    and political stability. Women continued to report that discrimination,
    sexual harassment, unfair dismissal, demotion, and wage discrepancies
    were significant problems.
        Authorities often did not enforce laws protecting the rights of
    women. According to legal experts, it was difficult to litigate a sex
    discrimination suit because the vague legal definition made it
    difficult to quantify damages, so very few cases were brought to court.
    Some observers noted that the agencies tasked with protecting women's
    rights tended to focus on maternity-related benefits and wrongful
    termination during maternity leave rather than on sex discrimination,
    violence against women, and sexual harassment. Women's rights advocates
    indicated that in rural areas women often forfeited land and property
    rights to their husbands in divorce proceedings. In principle, rural
    contract law and laws protecting women's rights stipulate that women
    enjoy equal rights in cases of land management, but experts argued that
    in practice this was rarely the case, due to the complexity of the law
    and difficulties in its implementation.
        Many employers preferred to hire men to avoid the expense of
    maternity leave and child care, and some lowered the effective
    retirement age for female workers to 50 (the official retirement age
    for men was 60 and for women 55, with the exception of men and women
    involved in physically demanding jobs, for which the retirement age was
    55 and 45, respectively). In addition, work units were allowed to
    impose an earlier mandatory retirement age for women than for men.
    Lower retirement ages also reduced pensions, which generally were based
    on the number of years worked. Job advertisements sometimes specified
    height and age requirements for women.
        Women earned less than men, despite government policies mandating
    nondiscrimination in employment and occupation. The Ministry of Human
    Resources and Social Security and the local labor bureaus were
    responsible for ensuring that enterprises complied with the labor law
    and the employment promotion law, each of which contains
    antidiscrimination provisions.
        A high female suicide rate continued to be a serious problem.
    According to the World Bank and the World Health Organization, there
    were approximately 500 female suicides per day in 2009. The Beijing
    Suicide Research and Prevention Center reported in 2009 that the
    suicide rate for females was three times higher than for males. Many
    observers believed that violence against women and girls,
    discrimination in education and employment, the traditional preference
    for male children, birth-limitation policies, and other societal
    factors contributed to the high female suicide rate. Women in rural
    areas, where the suicide rate for women was three to four times higher
    than for men, were especially vulnerable. Government research
    indicating that 58 percent of all suicides involved the use of
    pesticide led to the implementation of a trial program in Hunan and
    Zhejiang provinces to control its sale and storage to attempt to reduce
    suicide attempts.
        The UN Economic and Social Council reported that less than 2
    percent of women between the ages of 15 and 24 were illiterate.
    According to 2008 official government statistics, women comprised more
    than 70 percent of all illiterate persons above the age of 15. In some
    underdeveloped regions, the female literacy rate lagged behind the male
    literacy rate by 15 percent or more.
        While the gap in the education levels of men and women narrowed,
    differences in educational attainment remained a problem. Men continued
    to be overrepresented among the relatively small number of persons who
    received a university-level education. According to Ministry of
    Education statistics, in 2008 women accounted for 50 percent of
    undergraduate and college students, 46 percent of postgraduate
    students, and nearly 35 percent of doctoral students. Women with
    advanced degrees reported discrimination in the hiring process as the
    job distribution system became more competitive and market-driven.

        Children.--Citizenship is derived from the parents. Parents must
    register their children in compliance with the national household
    registration system within one month of birth. Children not registered
    cannot access public services. No data was available on the number of
    unregistered births.
        The law provides for nine years of compulsory education for
    children. However, in economically disadvantaged rural areas, many
    children did not attend school for the required period and some never
    attended at all. Public schools were not allowed to charge tuition;
    however, faced with insufficient local and central government funding,
    many schools continued to charge miscellaneous fees. Such fees and
    other school-related expenses made it difficult for poorer families and
    some migrant workers to send their children to school.
        According to a 2008 UNDP report, the urban-rural gap in literacy
    rates of young persons had narrowed, from 6 percent in 1990 to 1.6
    percent in 2005. The proportion of girls attending school in rural and
    minority areas was reportedly smaller than in cities; in rural areas 61
    percent of boys and 43 percent of girls completed education higher than
    lower middle school. The Government reported that nearly 20 million
    children of migrant laborers followed their parents to urban areas.
    Most children of migrant workers who attended school did so at schools
    that were unlicensed and poorly equipped.
        Female babies suffered from a higher mortality rate than male
    babies, contrary to the worldwide norm. State media reported that
    infant mortality rates in rural areas were 27 percent higher for girls
    than boys and that neglect was one factor in their lower survival rate.
        The Law on the Protection of Juveniles forbids infanticide;
    however, there was evidence that the practice continued. According to
    the National Population and Family-planning Commission, a handful of
    doctors have been charged with infanticide under this law. Female
    infanticide, sex-selective abortions, and the abandonment and neglect
    of baby girls remained problems due to the traditional preference for
    sons and the coercive birth limitation policy.
        Kidnapping and buying and selling children for adoption increased
    over the past several years, particularly in poor rural areas. There
    were no reliable estimates of the number of children kidnapped;
    however, according to media reports, as many as 20,000 children were
    kidnapped every year for illegal adoption. Most children kidnapped
    internally were sold to couples unable to have children, particularly
    sons. Those convicted of buying an abducted child may be sentenced to
    three years' imprisonment. In the past most children rescued were boys,
    but increased demand for children reportedly drove traffickers to focus
    on girls as well. In 2009 the Ministry of Public Security started a DNA
    database of parents of missing children and children recovered in law
    enforcement operations in an effort to reunite families.
        By law those who force young girls (under age 14) into prostitution
    may be sentenced to 10 years or more in prison or given a life
    sentence, in addition to a fine or confiscation of property. If the
    case is especially serious, they are to be given a life sentence or
    sentenced to death, in addition to confiscation of property. Those
    inducing young girls (under age 14) into prostitution are to be
    sentenced to five years or more in prison in addition to a fine. Those
    who visit young female prostitutes (under age 14) are to be sentenced
    to five years or more in prison in addition to paying a fine.
        According to the law, the minimum age of consensual sex is 14.
        Pornography of any kind is illegal, including child pornography.
    Under the criminal code, those producing, reproducing, publishing,
    selling, or disseminating obscene materials with the purpose of making
    a profit may be sentenced up to three years in prison or put under
    criminal detention or surveillance, in addition to paying a fine. If
    the case is serious, they are to be sentenced to from three to 10 years
    in prison, in addition to paying a fine. If the case is especially
    serious, they are to be sentenced to 10 years or more in prison or
    given a life sentence, in addition to a fine or confiscation of
    property. Persons found disseminating obscene books, magazines, films,
    audio or video products, pictures, or other kinds of obscene materials,
    if the case is serious, may be sentenced up to two years in prison or
    put under criminal detention or surveillance. Persons organizing the
    broadcast of obscene motion pictures or other audio or video products
    may be sentenced up to three years in prison or put under criminal
    detention or surveillance, in addition to paying a fine. If the case if
    serious, they are to be sentenced to three to 10 years in prison in
    addition to paying a fine.
        Those broadcasting or showing obscene materials to minors less than
    18 years of age are to be severely punished.
        There were more than 150,000 urban street children, according to
    state-run media and the Ministry of Civil Affairs. This number was even
    higher if the children of migrant workers who spend the day on the
    streets were included. In 2008 state media reported that the number of
    children in rural areas left behind by their migrant-worker parents
    totaled 58 million.
        The law forbids the mistreatment or abandonment of children. The
    vast majority of children in orphanages were girls, many of whom were
    abandoned. Boys in orphanages were usually disabled or in poor health.
    Medical professionals sometimes advised parents of children with
    disabilities to put the children into orphanages.
        The Government denied that children in orphanages were mistreated
    or refused medical care but acknowledged that the system often was
    unable to provide adequately for some children, particularly those with
    serious medical problems. Adopted children were counted under the birth
    limitation regulations in most locations. As a result, couples that
    adopted abandoned infant girls were sometimes barred from having
    additional children.
        The country is not a party to the 1980 Hague Convention on the
    Civil Aspects of International Child Abduction. For information on
    international parental child abduction, please see the Department of
    State's annual report on compliance at http://travel.state.gov/
    abduction/resources/congressreport/congressreport--4308.html.

        Anti-Semitism.--There were no reports of anti-Semitic acts during
    the year. The Government does not recognize Judaism as an ethnicity or
    religion. According to information from the Jewish Virtual Library the
    country's Jewish population was 1,500 in 2006.

        Trafficking in Persons.--For information on trafficking in persons,
    please see the Department of State's annual Trafficking in Person's
    Report at www.state.gov/g/tip.

        Persons With Disabilities.--The law protects the rights of persons
    with disabilities and prohibits discrimination; however, conditions for
    such persons lagged far behind legal dictates, failing to provide
    persons with disabilities access to programs designed to assist them.
        The MCA and the China Disabled Persons Federation, a government-
    organized civil association, were the main entities responsible for
    persons with disabilities. In September 2009 government officials
    confirmed that there were 83 million persons with disabilities living
    in the country. According to government statistics, in 2008 there were
    3,731 vocational education and training facilities, which provided
    training and job-placement services for 774,000 persons with
    disabilities. More than 4.5 million persons with disabilities were
    employed in cities and towns; 17.2 million were employed in rural
    areas. Government statistics stated that 7.4 million persons with
    disabilities enjoyed the minimum life guarantee; nearly three million
    had social insurance.
        The law prohibits discrimination against minors with disabilities
    and codifies a variety of judicial protections for juvenile offenders.
    In 2007 the Ministry of Education reported that nationwide there were
    1,618 schools for children with disabilities. According to NGOs, there
    were approximately 20 million children with disabilities, only 2
    percent of whom had access to special education that could meet their
    needs. In 2008 there were 419,000 children with disabilities in
    schools. NGOs claimed that while the overall school enrollment rate was
    99 percent, only 75 percent of children with disabilities were enrolled
    in school. Nationwide, 243,000 school-age children with disabilities
    did not attend school. Nearly 100,000 organizations existed, mostly in
    urban areas, to serve those with disabilities and protect their legal
    rights. The Government, at times in conjunction with NGOs, sponsored
    programs to integrate persons with disabilities into society.
        The physical abuse of children can be grounds for criminal
    prosecution. However, misdiagnosis, inadequate medical care,
    stigmatization, and abandonment remained common problems. According to
    reports, doctors frequently persuaded parents of children with
    disabilities to place their children in large government-run
    institutions, where care was often inadequate. Those parents who chose
    to keep children with disabilities at home generally faced difficulty
    finding adequate medical care, day care, and education for their
    children. Government statistics showed that almost one-quarter of
    persons with disabilities lived in extreme poverty.
        Unemployment among adults with disabilities remained a serious
    problem. Under the Employment Promotion Law, local governments were
    required to offer incentives to enterprises that hired persons with
    disabilities. Regulations in some parts of the country also required
    employers to pay into a national fund for the disabled when the
    employees with disabilities did not make up the statutory minimum
    percentage of the total workforce.
        Standards adopted for making roads and buildings accessible to
    persons with disabilities were subject to the Law on the Handicapped,
    which calls for their ``gradual'' implementation; however, compliance
    with the law was lax. Students with disabilities were discriminated
    against in access to education. The law permits universities legally to
    exclude otherwise qualified candidates from higher education.
        The law forbids the marriage of persons with certain acute mental
    illnesses, such as schizophrenia. If doctors find that a couple is at
    risk of transmitting disabling congenital defects to their children,
    the couple may marry only if they agree to use birth control or undergo
    sterilization. The law stipulates that local governments must employ
    such practices to raise the percentage of healthy births.

        National/Racial/Ethnic Minorities.--Most minority groups resided in
    areas they traditionally inhabited. Government policy calls for members
    of recognized minorities to receive preferential treatment in birth
    planning, university admission, access to loans, and employment.
    However, the substance and implementation of ethnic minority policies
    remained poor, and discrimination against minorities remained
    widespread.
        Minority groups in border and other regions had less access to
    education than their Han counterparts, faced job discrimination in
    favor of Han migrants, and earned incomes well below those in other
    parts of the country. Government development programs often disrupted
    traditional living patterns of minority groups and included, in some
    cases, the forced relocation of persons. Han Chinese benefited
    disproportionately from government programs and economic growth. As
    part of its emphasis on building a ``harmonious society,'' the
    Government downplayed racism and institutional discrimination against
    minorities, which remained the source of deep resentment in the XUAR,
    Inner Mongolia Autonomous Region, and Tibetan areas. In September 2009
    the State Council issued a white paper on ethnic policy, common
    prosperity, and development of all ethnic groups. The report stated
    that the country's ethnic policy ensured equality among all ethnic
    groups.
        According to 2007 government statistics, 36.3 percent of Guangxi
    Province's cadres were ethnic minorities. In 2008 all five of the
    country's ethnic minority autonomous regions had governors from
    minority groups for the first time in history. However, the Communist
    Party secretaries of these five autonomous regions were all Han. Han
    officials continued to hold the majority of the most powerful party and
    government positions in minority autonomous regions, particularly the
    XUAR.
        The Government's policy to encourage Han Chinese migration into
    minority areas significantly increased the population of Han in the
    XUAR. In recent decades the Han-Uighur ratio in the capital of Urumqi
    has shifted from 20 to 80 to 80 to 20 and continued to be a source of
    Uighur resentment. Discriminatory hiring practices gave preference to
    Han and discouraged job prospects for ethnic minorities. According to
    2005 statistics published by XUAR officials, eight million of the
    XUAR's 20 million official residents were Han. Hui, Kazakh, Kyrgyz,
    Uighur, and other ethnic minorities constituted approximately 12
    million XUAR residents. Official statistics understated the Han
    population, because they did not count the tens of thousands of Han
    Chinese who were long-term ``temporary workers.'' While the Government
    continued to promote Han migration into the XUAR and fill local jobs
    with migrant labor, overseas human rights organizations reported that
    local officials under direction from higher levels of government
    deceived and pressured young Uighur women to participate in a
    government-sponsored labor transfer program.
        The XUAR government took measures to dilute expressions of Uighur
    identity, including reduction of education in ethnic minority languages
    in XUAR schools and the institution of language requirements that
    disadvantaged ethnic minority teachers. The Government continued to
    apply policies that prioritized standard Chinese for instruction in
    school, thereby reducing or eliminating ethnic-language instruction.
    Graduates of minority language schools typically needed intensive
    Chinese study before they could handle Chinese-language course work at
    a university. The dominant position of standard Chinese in government,
    commerce, and academia put graduates of minority-language schools who
    lacked standard Chinese proficiency at a disadvantage.
        During the year authorities continued to implement repressive
    policies in the XUAR and targeted the region's ethnic Uighur
    population. Officials in the XUAR continued to implement a pledge to
    crack down on the Government-designated ``three forces'' of religious
    extremism, splittism, and terrorism and outlined efforts to launch a
    concentrated antiseparatist reeducation campaign.
        It was sometimes difficult to determine whether raids, detentions,
    and judicial punishments directed at individuals or organizations
    suspected of promoting the three forces were actually used to target
    those peacefully seeking to express their political or religious views.
    The Government continued to repress Uighurs expressing peaceful
    political dissent and independent Muslim religious leaders, often
    citing counterterrorism as the reason for taking action.
        Uighurs continued to be sentenced to long prison terms, and in some
    cases executed, on charges of separatism and endangering state
    security. The Government reportedly sought the repatriation of Uighurs
    outside the country, who faced the risk of persecution if repatriated.
        Freedom of assembly was severely limited during the year in the
    XUAR.
        In September 2009 the Government announced it would demolish three
    buildings owned by the family of exiled Uighur leader Rebiya Kadeer,
    president of the World Uighur Conference. The Government blamed Kadeer,
    a Uighur businesswoman in exile, for orchestrating the July 2009 riots
    in Urumqi. At year's end the buildings had not been demolished.
        Possession of publications or audiovisual materials discussing
    independence or other sensitive subjects was not permitted. Uighurs who
    remained in prison at year's end for their peaceful expression of ideas
    the Government found objectionable included Mehbube Ablesh, Abdulla
    Jamal, Adduhelil Zunun, Abdulghani Memetemin, and Nurmuhemmet Yasin.
        During the year XUAR and national-level officials defended the
    campaign against the three forces of religious extremism, splittism,
    and terrorism and other emergency measures taken as necessary to
    maintain public order. Officials continued to use the threat of
    violence as justification for extreme security measures directed at the
    local population, journalists, and visiting foreigners.
        In September 2009 state media reported that XUAR authorities
    approved the Information Promotion Bill, making it a criminal offense
    to discuss separatism on the Internet and prohibiting use of the
    Internet in any way that undermines national unity. The bill further
    bans inciting ethnic separatism or harming social stability. The bill
    requires Internet service providers and network operators to set up
    monitoring systems or strengthen existing ones and report
    transgressions of the law.
        Han control of the region's political and economic institutions
    also contributed to heightened tension. Although government policies
    continued to allot economic investment in, and brought economic
    improvements to the XUAR, Han residents received a disproportionate
    share of the benefits.
        (For specific information on Tibet, please see the Tibet addendum.)

        Societal Abuses, Discrimination, and Acts of Violence Based on
    Sexual Orientation and Gender Identity.--No laws criminalize private
    homosexual activity between consenting adults. Homosexuality was
    decriminalized in 1997 and removed from the official list of mental
    disorders in 2001. Due to societal discrimination and pressure to
    conform to family expectations, most gay individuals refrained from
    publicly discussing their sexual orientation. Individual activists and
    organizations working on HIV/AIDs and lesbian, gay, bisexual, and
    transgender (LGBT) issues continued to report discrimination and
    harassment from the authorities. In May HIV/AIDS activist Wan Yanhai,
    founder and director of the Beijing-based NGO Aizhixing, left the
    country, reportedly in response to increased pressure by authorities on
    himself and his organization.
        In January police blocked an event to choose a delegate to the
    Worldwide Mr. Gay pageant, shutting down the first-ever Mr. Gay China
    pageant just before the event. Police cited a lack of permits.
        In March, Li Yinhe, an activist and sexologist for the third time
    presented a proposal to the NPC and CPPCC advocating the legalization
    of same-sex marriage. Li had previously presented the proposal in 2003
    and 2006. To date, no NPC debate has been held on the proposal.
        On May 17, a small number of events were held across the country in
    universities to mark the International Day against Homophobia. The
    events were covered in English-language domestic media, but Chinese-
    language coverage was subdued.
        In September police raided a park frequented by gays in Beijing,
    allegedly as part of a security sweep ahead of the October National Day
    holiday. Reports suggested approximately 80 men were taken to a local
    police station, most were released without charge.
        In March and April 2009, approximately 50 gays were reportedly
    detained in Renmin Park in Guangzhou and questioned by police. In
    August 2009 police in Guangzhou tried again to remove a group of gays
    from Renmin Park. The men refused, and after a nonviolent standoff, the
    police desisted.
        In June 2009 the first gay pride festival took place in Shanghai.
    Also in June 2009 the Beijing Queer Film Festival was held. Police had
    blocked previous attempts to hold the festival.
        LGBT plotlines and scenes are not allowed on broadcast television.
    However, in May a play with a lesbian theme was staged in a mainstream
    Beijing theatre.
        Although there is no legal prohibition against the registration of
    LGBT student groups, none were allowed to register at any university.
        In July 2009 a group of lesbians organized an online petition
    calling on the Government to rescind a 1998 law banning gays and
    lesbians from donating blood.

        Other Societal Violence or Discrimination.--The Employment
    Promotion Law, which went into effect in 2008, improves protection
    against discrimination in employment, and local governments began
    modifying their regulations to reflect the new law. Under the law and
    adopted regulations, employment discrimination against persons carrying
    an infectious disease is prohibited, and provisions allow such persons
    to work as civil servants. While the law improves protection against
    discrimination in employment, it does not address some common types of
    discrimination in employment, including discrimination based on height,
    physical appearance, or place of origin.
        In April the country eliminated a 20-year travel ban that barred
    individuals with HIV/AIDS from entering the country. The State Council
    posted a statement on its Web site announcing that the Government had
    passed amendments on April 19, revising the Border Quarantine Law, as
    well as the Law on Control of the Entry and Exit of Aliens; the changes
    were effective immediately.
        Despite provisions in the Employment Promotion Law, discrimination
    against persons with HIV/AIDS and hepatitis B carriers (including 20
    million chronic carriers) remained widespread in many areas. Persons
    with HIV/AIDS suffered discrimination, and local governments sometimes
    tried to suppress their activities. At the same time, international
    involvement in HIV/AIDS prevention, care, and treatment, as well as
    central government pressure on local governments to respond
    appropriately, brought improvements in some localities. Some hospitals
    that previously refused to treat HIV/AIDS patients had active care and
    treatment programs because domestic and international training programs
    improved the understanding of local healthcare workers and their
    managers. In Beijing dozens of local community centers encouraged and
    facilitated HIV/AIDS support groups.
        Some NGOs working with HIV/AIDS patients and their family members
    continued to report difficulties with local governments, particularly
    in Henan Province. Henan authorities provided free treatment to persons
    with HIV/AIDS, but foreign and local observers noted that local
    governments were reluctant or even hostile toward coordinating efforts
    with NGOs and preferred to work independently.
        On February 10, a nationwide rule banning mandatory hepatitis B
    virus tests in job and school admissions applications was promulgated.
    Section 7. Worker Rights

        a. The Right of Association.--The law does not provide for freedom
    of association, as workers were not free to organize or join unions of
    their own choosing. Independent unions are illegal, and the right to
    strike is not protected in law.
        The All-China Federation of Trade Unions (ACFTU), which is
    controlled by the CCP and chaired by a member of the Politburo, is the
    sole legal workers' organization. The trade union law gives the ACFTU
    control over all union organizations and activities, including
    enterprise-level unions and requires the ACFTU to ``uphold the
    leadership of the Communist Party.'' ACFTU constituent unions were
    generally ineffective in protecting the rights and interests of
    members. The ACFTU was active in advocating for government policies to
    better protect rights and interests of workers. Following widespread
    criticism of the ACFTU's response to several high-profile labor
    disputes that occurred primarily at automotive parts suppliers in
    Guangzhou, the union has advocated for reform of laws to better equip
    the union to protect workers' rights and interests.
        The ACFTU and its provincial and local branches continued to
    aggressively organize new unions and add new members. According to the
    latest available official ACFTU data, as of the end of 2009 there were
    1.8 million trade unions with 226 million registered ACFTU members, and
    about 84 million of the estimated 230 million migrant workers in the
    country had joined trade unions. Further, the ACFTU claimed that 79
    percent of foreign-invested companies, 78.5 percent of private
    companies, and 87 percent of the ``Fortune 500'' companies' China
    headquarters had established trade unions by the end of 2009.
        One of the 12 Taiwan employees who became a member of the Xiamen
    General Labor Union in 2009 (the first time a mainland ACFTU-affiliated
    labor union accepted Taiwan members) was invited to attend the 12th
    Fujian Provincial Trade Union Conference in May. He was the only Taiwan
    worker representative at this ACFTU conference. During the year the
    Xiamen government awarded ``May 1st Labor'' medals to six Taiwan
    workers. The medals, which usually are awarded to mainland workers,
    were for the first time awarded to workers from Taiwan in 2009.
        Although the law states that trade union officers at each level
    should be elected, most factory-level officers were appointed by ACFTU-
    affiliated unions, often in coordination with employers, and were drawn
    largely from the ranks of management. Direct election by workers of
    union leaders continued to be rare, occurred only at the enterprise
    level, and was subject to supervision by higher levels of the union or
    Communist Party. In enterprises where direct election of union officers
    took place, regional ACFTU offices and local party authorities retained
    control over the selection and approval of candidates.
        The inability to directly elect their representatives was a key
    issue raised by workers in several labor disputes in Guangzhou. In July
    striking workers at three Honda auto components factories in the Pearl
    River Delta region not only demanded and obtained a large wage
    increase, they also succeeded in obtaining a promise of democratic
    union elections in which workers directly elect union leaders at the
    enterprise level. The Guangdong Federation of Trade Union indicated
    Honda's Nanhai plant will be a pilot site for remodeling the ACFTU and
    allowing union members to elect their own union chair. A senior ACFTU
    official was quoted by official media as saying the ACFTU hopes to end
    the practice of companies appointing union leaders or assigning someone
    from their human resources department to act as union leader.
        Following the heightened restrictions and surveillance reported by
    labor NGOs in 2009 surrounding politically sensitive anniversaries,
    several labor rights NGOs reported fewer restrictions during the year
    and in some cases said they were able to engage directly with high-
    level government officials. However, authorities in the south increased
    restrictions on some labor NGOs in the aftermath of the large number of
    high-profile strikes in Guangdong factories.
        Despite more relaxed rules on NGO registration that Shenzhen
    implemented in 2008, labor NGOs still reported that they were unable to
    register as civil organizations and had little alternative but to
    register as businesses and be subject to taxation.
        According to local press accounts, Luo Xi, a former primary school
    teacher from Hunan Province who was previously sentenced to a lengthy
    RTL term following his participation in the 1989 Tiananmen incident,
    was arrested on January 8, for participating in and instigating a
    teachers' strike in Hunan in December 2008 to demand the same wages and
    benefits as civil servants. Luo was sentenced to two years' reeducation
    through labor in late January for ``disrupting social order.''
    According to an NGO, on February 10, Xue Mingkai, a 20-year-old factory
    worker, was sentenced to one and a half years' imprisonment for
    subversion of state power by the Shenzhen Intermediate Court.
    Authorities claimed he had joined the China Democracy Party in 2009 and
    had recruited others to join. They also alleged he planned to organize
    a ``Democratic Workers' Party.''
        Labor activists detained in previous years reportedly remained in
    detention at year's end, including Wang Sen, Hu Mingjun, Li Wangyang,
    Kong Youping, Ning Xianhua, Li Jianfeng, Lin Shun'an, Chen Wei, She
    Wanbao, Zhu Fangming, Zhao Dongming, Ren Fengyu, Liu Jian, Wang
    Miaogen, Feng Xinchun, Huang Zhuyu, Xu Haiyan, Wang Jun, Huang Yunmin,
    Li Xintao, Liu Jian, Liu Jianjun, Yang Chunlin, Yu Changwu, Xu Zexin,
    Yuan Xianchen, You Jingyou, Zhang Qizhong, and Zhao Wuhu.
        While work stoppages are not expressly prohibited in law, article
    53 of the constitution has been interpreted as a ban on labor strikes
    by obligating all citizens to ``observe labor discipline and public
    order.'' Local government interpretations of the law varied, with some
    jurisdictions showing some tolerance for strikes while others continue
    to treat worker protests as illegal demonstrations. Without a clearly
    defined right to strike, workers had only a limited capacity to
    influence the negotiation process.
        As in past years, in spite of the unclear legal status of worker
    strikes, there were hundreds of reports of workers throughout the
    country engaging in strikes, work stoppages, and other protest actions.
    Most of the complaints were economic in nature, with demands for pay
    increases and better benefits being the most common. In many instances,
    workers successfully won concessions from companies and saw significant
    wage increases.
        Figures released by the Guangdong Province Human Resource and
    Social Security Department indicate 36 strikes involving more than 600
    workers demanding higher pay occurred over 48 days (May 25-July 12).
    These strikes were mainly in car parts factories and electronics plants
    of the Pearl River Delta. Labor Department officials at the provincial
    and municipal levels in Guangdong identified 142 more enterprises with
    unstable labor relations (120 in Guangzhou, 14 in Shenzhen, and eight
    in Zhuhai). While official media continued to aggressively publicize
    worker protests, the strikes in Guangdong Province led the Government
    to institute a media ban on all reports of strikes in the area.
        Several small labor protests in Jiangsu Province in May and June
    heightened anxiety in the Yangtze River Delta region. On June 8,
    workers at a Taiwan-owned machinery factory in Kunshan clashed with
    police. The 2,000-plus workers had walked off the assembly line to
    demand better pay and improved working conditions. Approximately 50
    protesters reportedly were injured. Prior to the incident in Kunshan,
    there had been reports in mid-May that 44 employees of the Taiwan-based
    company, Wintek Corporation, planned to sue the company for poisoning
    them after a Suzhou factory manager made them use n-hexane to clean
    iPhone screens ordered by Apple Corporation. Workers at Nikon Imaging
    company in nearby Wuxi also protested because of their dissatisfaction
    with the handling of a poisonous gas incident at the plant.
        The 2008 Labor Contract Law and the global financial crisis both
    contributed to the growth in labor disputes in the court system.
    According to the Supreme People's Court, courts nationwide handled
    295,500 labor dispute cases in 2008, a one-year increase of 95.3
    percent. The number of labor dispute cases increased another 7.8
    percent in 2009, to 318,600. From January to August, courts recorded
    207,400 new labor dispute cases.

        b. The Right to Organize and Bargain Collectively.--The labor law
    permits collective bargaining for workers in all types of enterprises;
    however, in practice collective bargaining fell short of international
    standards. Under labor and trade union laws, collective contracts are
    to be developed through collaboration between the labor union and
    management and should specify such matters as working conditions, wage
    scales, and hours of work.
        The trade union law specifically addresses unions' responsibility
    to bargain collectively on behalf of workers' interests. Regulations
    required the union to gather input from workers prior to consultation
    with management and to submit collective contracts to workers or their
    congress for approval. There is no legal obligation for employers to
    negotiate, and some employers refused to do so. A key article of the
    2008 labor contract law requires employers to consult with labor unions
    or employee representatives on matters that have a direct bearing on
    the immediate interests of their workers.
        Despite the collective bargaining article in the 2008 Labor
    Contract Law, many employers prefer to deal with individual employees
    directly, allowing for widespread employer abuse of labor contracts.
    Common cases of noncompliance with the Labor Contract Law during the
    year included forcing employees to sign blank contracts and not
    providing workers a copy of their contract. Lack of government
    resources also undermined effective implementation and enforcement of
    the Labor Contract Law.
        In July the Guangdong provincial government issued guidelines on
    enterprise collective wage bargaining, which included requiring
    employers to give employee representatives information regarding a
    company's operations, including employee pay and benefits, to be used
    in wage bargaining. The guidelines also gave employees and employers
    the right to request the labor bureau to act as a mediator to help
    determine wage increase distribution among employees.
        In August the Beijing ACFTU instructed lower-level Beijing trade
    unions to initiate collective wage bargaining with companies that pay
    low average monthly wages. According to the Beijing Municipal
    Federation of Trade Unions, enterprises in Beijing with an average wage
    of less than RMB 1,100 per month (approximately $165) will be required
    to conduct collective negotiations.
        The ACFTU reported that 1.4 million collective contracts were
    signed by the end of September, covering 2.43 million enterprises and
    185 million workers.
        The 2008 Labor Dispute Mediation and Arbitration Law provides for
    labor dispute resolution through a three-stage process: mediation
    between the parties, arbitration by officially designated arbitrators,
    and litigation. The 2008 law improved workers' access to and
    streamlined this three-stage process. The number of labor disputes
    nationwide continued to rise as workers' awareness of the laws
    increased.
        The Trade Union Law provides specific legal remedies against
    antiunion discrimination and specifies that union representatives may
    not be transferred or terminated by enterprise management during their
    term of office. Collective contract regulations provide similar
    protections for employee representatives during collective
    consultations.
        There are no special laws or exemptions from regular labor laws in
    export processing zones.

        c. Prohibition of Forced or Compulsory Labor.--The law prohibits
    forced and compulsory labor and contains provisions relevant to forced
    labor and trafficking for labor purposes. However, there were reports
    that such practices occurred. Punishment for forced labor offenses
    under the criminal code ranged from an administrative fine to a maximum
    of three years' imprisonment, which was deemed ``insufficiently
    dissuasive'' by the International Labor Organization's Committee of
    Experts on the Application of Standards.
        There were reports that employers withheld wages, or required
    unskilled workers to deposit several months' wages as security against
    the workers departing early from their labor contracts. These practices
    often prevented workers from exercising their right to leave their
    employment and made them vulnerable to forced labor. Implementation of
    new labor laws, along with workers' increased knowledge of their rights
    under these new laws, continued to reduce these practices.
        On September 13, the Supreme People's Court issued an
    interpretation intended to help workers substantiate claims of not
    being paid for overtime work. Among the key issues addressed, the
    ruling provided that for overtime claims, while employees have the
    initial burden of proving that overtime work was performed, the burden
    shifts to the employer if the employee can demonstrate that the
    employer had control over the evidence proving that the work was
    performed.
        Examples of continued reports of forced labor included: The freeing
    by police in May of 34 migrant workers who had been forced to work in
    slave-like conditions in a brick kiln in Hebei Province. A total of 11
    suspects including the kiln's owner were arrested. The discovery by
    local Xinjiang reporters in December of 12 mentally ill workers forced
    to work in slave labor-like conditions at a Chemical Factory in
    Tuokexun. The factory owner and his son were arrested, along with a
    labor trafficker from Sichuan's Qu County who allegedly sold the
    workers to the factory. The workers were rescued and placed in care,
    and the trafficker's ``Beggars Adoption Agency'' was closed down.
        Forced labor remained a serious problem in penal institutions
    according to the International Trade Union Confederation (ITUC). Many
    prisoners and detainees in RTL facilities were required to work, often
    with no remuneration. In addition, there were credible allegations that
    prisoners were forced to work for private production facilities
    associated with prisons. These facilities often operated under two
    different names: a prison name and a commercial enterprise name. There
    was no effective mechanism to prevent the export of goods made under
    such conditions.
        The Ministry of Justice discussed allegations of exported prison
    labor goods with foreign government officials, but information about
    prisons, including associated labor camps and factories, was tightly
    controlled.
        Also see the Department of State's annual Trafficking in Persons
    Report at www.state.gov/g/tip.

        d. Prohibition of Child Labor and Minimum Age for Employment.--The
    law prohibits the employment of children under the age of 16, but child
    labor remained a problem. The Government does not publish statistics on
    the extent of child labor.
        The Labor Law specifies administrative review, fines, and
    revocation of business licenses of those businesses that illegally hire
    minors, and provides that underage children found working should be
    returned to their parents or other custodians in their original place
    of residence. However, a significant gap remained between legislation
    and implementation. Workers between the ages of 16 and 18 were referred
    to as ``juvenile workers'' and were prohibited from engaging in certain
    forms of physical work, including in mines.
        Social compliance auditors working for foreign buyers continued to
    report some use of child labor in factories producing for export. There
    continued to be some reports that schools supplied factories with
    illegal child labor under the pretext of vocational training. There are
    reports that spot labor shortages, rising wage levels, and more demands
    made by adult workers compounded by continued fierce competition,
    induced some small enterprises to run the risk of hiring child labor,
    and some local authorities to ignore this practice to protect against
    employers moving to other areas.
        ITUC alleged that there was substantial employment of children
    under the age of 16 as a result of poor conditions in the rural
    education system that caused parents to send their children to work
    because their education was unaffordable. Additionally, work-study
    programs allow schools in poor areas to set up income generating
    schemes in agriculture and manufacturing, employing children to earn
    money for their school fees. Many of these programs resulted in abuses
    such as child labor that is forced and in dangerous and labor-intensive
    industries such as agriculture, construction, and factories in which
    the employed children worked long hours under harsh conditions.
        An April National Labor Committee report on KYE Systems
    Corporation, a consumer electronics factory in Dongguan City, Guangdong
    Province, (also known as Dongguan Kunying Computer Products Company
    Ltd.), claimed that dozens of work-study students employed at the
    factory over the past three years, purportedly 16 and 17years old,
    actually were 14 and 15 years of age and worked 15-hour shifts, six and
    seven days a week. The report also alleged that the factory prohibited
    bathroom breaks during working hours, restricted the off-compound
    movement of workers, provided inadequate bathroom and dormitory
    facilities (a bucket and sponge were provided for showering and 14
    workers shared each dorm room), and forced workers who made mistakes to
    clean the bathrooms.
        In April local media reported a 15-year-old in Panjin city,
    Liaoning Province, was severely injured by a gas explosion in a
    restaurant where he was working. In May a local journalist in Hebei
    Province discovered that a 14-year-old child laborer was hired to work
    seven days a week as a welder by a local factory. In July a popular
    newspaper in Guangzhou reported that a 13-year-old child laborer
    drowned while he was trying to escape from the local police in
    Guangzhou who were cracking down on an illegal workshop where he was
    employed to produce cigarettes.
        According to an official Xinhua news article, local labor
    inspection teams in Hainan Province found five girls, between ages 13
    and 15, employed as waitresses in a hotel in Zhanzhou City.
        Also see the Department of State's annual Trafficking in Persons
    Report at www.state.gov/g/tip.

        e. Acceptable Conditions of Work.--There was no national minimum
    wage, but the labor law requires local and provincial governments to
    set their own minimum wage according to standards promulgated by the
    Ministry of Human Resources and Social Security (MOHRSS). The
    regulation states that labor and social security bureaus at or above
    the county level are responsible for enforcement of the law. It
    provides that where the ACFTU finds an employer in violation of the
    regulation, it shall have the power to demand that the relevant labor
    bureaus deal with the case.
        Due to changing economic and demographic conditions, almost all
    local and provincial governments raised minimum wage levels
    significantly during the year. Additionally, increased economic
    activity, spot shortages of skilled labor, increased inland investment,
    and successful strikes led to generally increased wage levels for
    workers in all parts of the country.
        While minimum wage laws apply to all workers, wage arrears remained
    a common problem. Governments at various levels continued their efforts
    to prevent arrears and recover payment of missing wages and insurance
    contributions. Many of the estimated 230 million migrant workers and
    their families faced numerous other obstacles with regard to working
    conditions and labor rights. Many were unable to access public
    services, such as public education or social insurance, in the cities
    where they lived and worked because they were not legally registered
    urban residents.
        The labor law mandates a 40-hour standard workweek, excluding
    overtime, and a 24-hour weekly rest period. It also prohibits overtime
    work in excess of three hours per day or 36 hours per month and
    mandates a required percentage of additional pay for overtime work.
    However, in practice compliance with the law was weak, and standards
    were regularly violated.
        While many labor laws and regulations on worker safety are fully
    compatible with international standards, implementation and enforcement
    were generally poor due to a lack of adequate resources. For example,
    MOHRSS reported that in 2008 there were only 23,000 fulltime
    professional inspectors, and indicated that there were areas in which a
    single labor inspector would be responsible for more than 50,000
    workers.
        Inadequately enforced occupational health and safety laws and
    regulations continued to put workers' health and safety at risk. The
    State Administration for Work Safety (SAWS) sets and enforces
    occupational health and safety regulations. The work safety law states
    that employees have the right, after finding an emergency situation
    that threatens their personal safety, to evacuate the workplace.
    Employers are forbidden to cancel the labor contracts or reduce the
    wages or benefits of any employee who takes such action. In practice
    such protective provisions were poorly enforced at the local level.
        The State Council issued an order requiring local governments and
    companies to strengthen standards by improving corporate safety
    management, providing technical support and enhancing supervision in an
    effort to prevent accidents in high-risk industries, such as mines and
    chemical factories. The 32-item order requires, among other items, that
    at least one senior manager accompany miners underground at all times
    and that workers in high-risk industries receive professional training
    and possess valid certification. If any unqualified and untrained
    workers are found employed in such workplaces, the company may be shut
    down. Factories or mines that have an accident that kills more than
    three persons or two fatal accidents in a year will be blacklisted.
    This information will then be released to departments related to land
    resources, construction, finance, investment, and banks to use as an
    important reference in future loan agreement negotiations. Also, seven
    national mine emergency teams will be established across the country to
    provide timely rescue work in the event of a serious accident.
        The State Council's Work Safety Committee orchestrated a nationwide
    campaign to improve work safety. In a July 20 report, the committee
    acknowledged that there were problems in the nationwide workplace-
    safety check system and in resolving work safety problems. During the
    year inspectors reportedly uncovered 9.34 million unreported ``work
    safety dangers'' while inspecting 6.42 million work units (danwei),
    including 2.12 million industrial and mining facilities. Reportedly,
    3,327 of the serious hidden dangers were not adequately resolved by
    year's end.
        The coal industry continued to have a high incidence of accidents
    and fatalities, but the Government continued efforts to consolidate the
    industry into larger, better-regulated mining companies, including the
    campaign jointly carried out by the National Development and Reform
    Commission, the State Energy Administration, SAWS, and the State
    Administration of Coal Mine Safety to target small mines with an annual
    production capacity of less than 300,000 tons. According to statistics
    from the National Energy Administration (NEA), 620 small coalmines were
    shut down from January to May, eliminating production of 75.4 million
    tons of coal.
        Also according to the NEA, the death rate per million tons of mined
    coal for the first half of the year was 0.788, a decrease of almost 15
    percent from the previous year. It reported 71 accidents in total,
    killing 602 persons. Many of these accidents were attributed to
    production by illegal small mines and by overproduction of large mines.
    Independent labor groups stated the actual casualty figures could be
    much higher, since many accidents were covered up.
        The head of the SAWS said that illegal production, operations, and
    construction caused 502 major work-related accidents during the first
    half of the year, an increase of 75 accidents over the same period last
    year. According to official statistics, a total of 2,652 persons were
    reported injured, killed or missing in these 502 accidents, an increase
    of 576 victims over the first half of 2009. From January to June, large
    production accidents rose 36.4 percent from last year to reach 45,
    resulting in 764 individuals killed or listed as missing, up 53.4
    percent from the same period in 2009.
        As an example of the many reported coal mine accidents, in one
    weekend in July five separate mining incidents killed more than 40
    miners and left 13 trapped. Twenty-eight miners were killed at a
    privately owned mine in Hancheng City, Shaanxi Province, while a fire
    at a mine in Henan Province killed eight workers. The following day,
    two miners were killed following a gas explosion at a coal mine in
    Hunan Province, 13 workers were trapped in a flooded colliery in Gansu
    Province, and four miners died at a mine explosion at state-owned
    Nanpiao Coal and Electricity Co.'s Dayaogou Mine in Huludao City,
    Liaoning Province. Media later in the week reported the dismissal of
    Hancheng's mayor and the city government's action to halt production at
    33 coalmines until safety concerns were addressed.
        In March 153 miners were trapped underground after an accident at
    the Wangjialing Coal Mine in Shanxi Province. After eight days, 115 of
    them were rescued.
        According to the Ministry of Health, more than 14,000 workers were
    diagnosed with pneumoconiosis, or black lung disease, in 2009,
    accounting for 80 percent of new occupational disease cases during the
    year. Many of these miners had difficulty obtaining compensation as
    many of the mines were privately operated, and had closed. When the
    mines closed, many workers had no certificate to prove they once worked
    in the mine, and without the certificate a hospital cannot make an
    occupational disease assessment report, without which there can be no
    compensation.
                                     ______

                                     tibet
        The United States recognizes the Tibet Autonomous Region (TAR) and
    Tibetan autonomous prefectures and counties in other provinces to be a
    part of the People's Republic of China (PRC). The Tibetan population
    within the TAR was approximately 2.7 million and outside the TAR was an
    estimated 2.9 million. The Government strictly controlled information
    about, and access to, the TAR and Tibetan areas outside the TAR, making
    it difficult to determine accurately the scope of human rights abuses.
        There was severe repression of freedoms of speech, religion,
    association, and movement. The intensified controls applied following
    the March 2008 riots and unrest in Tibetan areas eased somewhat after
    the second anniversary of the unrest and its suppression. Authorities
    continued to commit serious human rights abuses, including
    extrajudicial killings, torture, arbitrary arrests, extrajudicial
    detention, and house arrest. The preservation and development of
    Tibet's unique religious, cultural, and linguistic heritage remained a
    concern.
        The fallout from the March 2008 protests continued to affect the
    human rights situation in Tibetan regions of the PRC. A number of
    Tibetans, especially monks, remained incarcerated for their role in the
    2008 protests and riots. People's Armed Police (PAP) presence remained
    at historically high levels in many communities across the Tibetan
    Plateau. In March all major monasteries in Lhasa were guarded by
    security forces. On March 14, many shops in the city closed to mark the
    anniversary of the demonstrations and the police crackdown. Students in
    many areas protested; in southern Gansu Province, students reportedly
    protested for freedom, human rights, and in support of the Dalai Lama.

        Deprivation of Life.--There were numerous reports that the
    Government or its agents committed arbitrary or unlawful killings;
    however, it was not possible to verify independently these reports.
    There were no reports that officials investigated or punished those
    responsible for the killings.
        In August police shot and killed a Tibetan during a mining protest
    in Phayul County in Ganzi (Kardze) Prefecture. State media claimed the
    Tibetan was shot accidentally when police fired warning shots at
    protesters.
        In December 2009 33-year-old Tibetan nun Yangkyi Dolma died of
    unknown causes in a Chengdu hospital after eight months in police
    custody. She was severely beaten by police and arrested in March 2009
    after she joined a protest in Ganzi County, Ganzi Prefecture, Sichuan
    Province calling for human rights and the swift return of the Dalai
    Lama.
        No further information was available regarding the January 2009
    death of Pema Tsepag following his beating by authorities; the March
    2009 killing of Phuntsok Rabten by public security agents; the March
    2009 killing of Panchou Lede in a clash between soldiers and farmers;
    and the August 2009 death of Kalden following his torture in a Lhasa
    prison.
        Following the outbreak of protests in March 2008, the Government
    reported that 22 persons were killed in the Lhasa violence, including
    18 civilians, one police officer, and three rioters. However, outside
    observers, including Tibetan exile groups and nongovernmental
    organizations (NGOs), variously placed the number of persons killed in
    Tibetan areas due to official suppression that began March 10 at
    between 100 and 218.
        There were reports of persons tried, found guilty, and executed for
    their activities during the 2008 protests. Trials and executions were
    not transparent, and requests by foreign observers to attend trials
    were denied. There was not enough information available to determine
    whether they were afforded due process.

        Disappearance.--Following the 2008 riots in Lhasa, authorities
    arbitrarily detained Tibetans, including monks and nuns, many of whom
    remained missing. Official statistics for the number detained were
    incomplete and covered only limited areas. In February 2009 official
    media reported that 953 persons were detained or had surrendered to
    police in Lhasa following the riots. The report stated that 76 persons
    were sentenced to prison in connection with the unrest, and an
    additional 116 were awaiting trial. Official sources have not reported
    the fates of these 116 persons. On December 21, an NGO reported that
    Jampel Wangchuk, 55, the disciplinarian at Drepung's Loseling College,
    had been sentenced to life in prison; Konchok Nyima, 43, the scripture
    teacher at Drepung's Gomang College, had been sentenced to 20 years;
    and 38-year-old Ngawang Choenyi, the scripture teacher at Drepung's
    Ngakpa College, was believed to be serving a sentence of 15 years.
        There was no information on the whereabouts of five monks,
    including Sonam Rabgyal, Damdul, and Rabgyal, who disappeared following
    a 2008 midnight raid on the Ramoche Temple in Lhasa. The whereabouts of
    Paljor Norbu, a Tibetan traditional painter sentenced to seven years in
    prison after a secret trial in 2008, remained unknown at year's end. No
    new information was available on the whereabouts of Phuntsok Gyaltsen,
    the deputy head of Phurbu Township, Palgon County, who was detained in
    2007.
        The whereabouts of the Panchen Lama, Gendun Choekyi Nyima, Tibetan
    Buddhism's second-most prominent figure after the Dalai Lama, and his
    family remained unknown. In October 2009 government officials in Tibet
    told a visiting foreign delegation that Gendun Choekyi Nyima was
    ``growing up very well, loves Chinese culture and is enjoying his
    life.'' The officials asserted that his identification as the 11th
    Panchen Lama was ``illegal.''

        Torture and Other Cruel and Degrading Treatment.--The security
    regime employed torture and degrading treatment in dealing with some
    detainees and prisoners. Tibetans repatriated from Nepal reportedly
    suffered torture, including electric shocks, exposure to cold, and
    severe beatings, and were forced to perform heavy physical labor.
    Prisoners were subjected routinely to ``political investigation''
    sessions and were punished if deemed insufficiently loyal to the state.
        In March 2009 police severely beat 21-year-old Tibetan nun Lobsang
    Khandro from the Gema Dra-wok Nunnery for carrying out an individual
    protest in Ganzi Prefecture. She allegedly carried pamphlets and prayer
    flags and shouted calls for freedom and support for the Dalai Lama as
    she walked to the Ganzi Prefecture government headquarters.
        On June 22, well-known businessman and environmentalist Karma
    Samdrup, on trial for alleged grave robbing and theft of cultural
    artifacts, accused his jailers of beatings, sleep deprivation,
    administration of drugs that made his ears bleed, and other
    mistreatment. On June 24, he was sentenced to 15 years in prison.
        Late in the year four monks from Lutsang Monastery were released
    from confinement in Qinghai Province. The four were arrested and
    sentenced to reeducation through labor (RTL) following a February 2009
    protest by Lutsang monks outside a government office.
        In May 2009 according to an NGO report, police injured six persons
    in Tawu County of Ganzi Prefecture while breaking up a protest against
    a hydroelectric project.
        According to numerous sources, many of those detained after the
    rioting in 2008 were subjected to extrajudicial punishments such as
    severe beatings and deprivation of food, water, and sleep for long
    periods. In some cases detainees suffered broken bones and other
    serious injuries at the hands of PAP and Public Security Bureau (PSB)
    officers. According to eyewitnesses, the bodies of persons killed
    during the unrest or subsequent interrogation were disposed of secretly
    rather than returned to their families.
        Phurbu Tsering Rinpoche, head of Pangri and Yatseg nunneries in
    Ganzi, told of police abuse during his April 2009 trial. He claimed
    that after his arrest in 2008, police handcuffed him with arms
    outstretched to an iron pillar and forced him to stand while they
    interrogated him continuously for four days and four nights. They told
    Phurbu Tsering Rinpoche that if he did not confess his wife and son
    would be detained. His trial was later postponed indefinitely. Foreign
    diplomats asked to observe the trial but received no reply. In late
    December 2009 a court sentenced Phurbu Tsering Rinpoche to eight-and-a-
    half years in prison for illegal possession of weapons and ammunition
    (see Denial of Fair Public Trial section).
        In May 2009 Tibetan monk Jigme Guri from Labrang Monastery was
    released from prison. He alleged that prison authorities beat him
    repeatedly during two months of detention beginning in 2008. According
    to Jigme, the beatings left him unconscious for six days, and he
    required two hospitalizations.

        Prison Conditions.--In December 2009 the deputy director of the TAR
    Justice Bureau told a foreign diplomat that there were 3,000 prisoners
    in the five TAR prisons, which are separate from the RTL system.
        The mass detentions connected with the March 2008 unrest amplified
    already crowded and harsh prison conditions. Some prisons, including
    those in the RTL system, used forced labor to which prisoners may be
    assigned for three years (with the possibility of a one-year extension)
    without court review. The law states that prisoners may be required to
    work up to 12 hours per day, with one rest day every two weeks, but
    sometimes these regulations were not enforced; conditions varied from
    prison to prison.
        According to numerous sources, political prisoners in Tibetan areas
    endured unsanitary conditions and often had little opportunity to wash
    or bathe. Many prisoners slept on the floor without blankets and
    sheets. Prisoners reported being confined side by side with 20 to 30
    cellmates for many days.
        Former detainees reported that prisoners were not provided with
    enough food. According to sources, prisoners rarely received medical
    care unless they had a serious illness. Prisoners also complained that
    they often failed to receive money, food, clothing, and books sent by
    their families because such items were routinely confiscated by prison
    guards.

        Arbitrary Arrest and Detention.--During the year arbitrary arrest
    and detention continued in Tibetan areas. With a detention warrant,
    police legally may detain persons for up to 37 days without formally
    arresting or charging them. Police must notify the relatives or
    employer of a detained person within 24 hours of the detention.
    Following the 37-day period, police must either formally arrest or
    release the detainees. In practice police frequently violated these
    requirements.
        Official state media reported the detentions of 4,434 persons in
    Tibetan areas (1,315 in Lhasa) between March and April 2008. In 2008
    official media reported that approximately 1,317 persons were arrested
    in the March-April time frame, 1,115 of whom were released afterwards.
    Overseas organizations placed the total number detained at more than
    5,600.
        Many prisoners were subject to the RTL system or other forms of
    detention not subject to judicial review.

        Denial of Fair Public Trial.--Legal safeguards for Tibetans
    detained or imprisoned were inadequate in both design and
    implementation. According to a TAR Bureau of Justice official, all
    seven cities and prefectures had established legal assistance centers
    that offered services in the Tibetan language. Prisoners may request a
    meeting with a government-appointed attorney, but in practice many
    defendants did not have access to legal representation.
        According to the Tibet Daily, the TAR was strengthening the
    Communist Party's leadership over lawyers in the region in order to
    ensure that the work of lawyers ``goes in the correct direction.'' Of
    the 18 law firms in the TAR, 11 had their own Communist Party committee
    and six shared a Communist Party committee with the Justice Bureau in
    their prefecture. A party development leader was assigned to the law
    firm that had no party organization.
        Ethnic Han lawyers who volunteered to represent detainees involved
    in the 2008 protests received warnings from authorities not to take on
    such cases. Authorities threatened some with punishment or placed them
    under police surveillance. In cases that authorities claimed involve
    state security, trials often were cursory and closed. Authorities
    denied multiple requests from foreign diplomats to observe the trials
    of those charged with crimes related to the 2008 unrest. By law maximum
    prison sentences for crimes such as ``endangering state security'' and
    ``splitting the country'' are 15 years for each count, not to exceed 20
    years in total. Authorities sentenced Tibetans for alleged support of
    Tibetan independence regardless of whether their activities involved
    violence.

        Political Prisoners and Detainees.--Due to the lack of independent
    access to prisoners and prisons, it was impossible to ascertain the
    number of Tibetan political prisoners. A number of the Tibetans
    arrested or detained in the days and weeks following the spring 2008
    protests were sentenced throughout 2010. Many prisoners were held in
    the extrajudicial RTL prisons operated by the Ministry of Public
    Security and never appeared in public court.
        Based on information available from the U.S. Congressional
    Executive Commission on China's political prisoner database, as of
    September 3, there were 824 Tibetan political prisoners imprisoned in
    Tibetan areas. Of these, 765 were Tibetans detained on or after March
    10, 2008, and 59 were Tibetans detained prior to March 10, 2008. Of the
    765 Tibetan political prisoners who were detained on or after March 10,
    2008, 443 (approximately 58 percent) were Tibetan Buddhist ``religious
    professionals'' (monks, nuns, and trulkus, or high-ranking reincarnated
    lamas). Sentencing information was available for 152 of the 824
    Tibetans. Of the 152 Tibetan political prisoners for whom sentencing
    information is available, 116 were detained on or after March 10, 2008.
    According to an NGO report, as of December 30, there were 831 known
    political prisoners in Tibet, of whom 360 were known to have been
    convicted by courts; 12 Tibetans were serving life sentences. The
    actual number of Tibetan political prisoners and detainees was believed
    to be much higher. An unknown number of prisoners continued to be held
    under the RTL system.
        In January authorities sentenced singer Tashi Dhondrup to 15
    months' hard labor for writing, recording, and distributing songs with
    lyrics such as: ``The occupation and denial of freedom of Tibetans/This
    is torture without trace.''
        On April 6, at Northwest Nationalities University in Lanzhou,
    authorities detained Tashi Rabten, editor of the banned literary
    magazine Eastern Snow Mountain, which discussed the 2008 protests.
        On April 23, authorities detained the Tibetan writer Tagyal (pen
    name Shogdung) in Xining. Shogdung is the author of the banned book
    Opening of Earth and Sky, which severely criticized PRC government
    policies in Tibetan areas and praised the 2008 protests against the
    Government. Authorities considered the book subversive for its
    criticism of the PRC government: On October 14, Tagyal was released on
    bail, and at year's end was awaiting trial.
        On May 20, authorities arrested writer Doku Tsultrim apparently
    because of material he was preparing to publish on Tibetan youth after
    the April 14 Yushu earthquake.
        On May 25, the Lhasa Intermediate Court sentenced Sonam Tsering to
    death with two years reprieve to consider his post-sentencing behavior
    for inciting and participating in the Lhasa riot; five others were
    sentenced to between three and seven years in prison.
        On June 26, authorities sentenced businessman Dorje Tashi, owner of
    the Yak Hotel in Lhasa, to life in prison. Although the authorities
    kept the charges against him secret, they reportedly involved helping
    exile groups.
        In February 2009 authorities handed down sentences of 18 months to
    three years in prison to six Tibetans in Ganzi Prefecture for
    participating in protests.
        In May 2009 according to an NGO report, authorities sentenced
    Tsultrim Gyatso, a monk of Labrang Monastery in southern Gansu
    Province, to life imprisonment for ``endangering state security.''
        According to the Agence France Presse, early in 2009 authorities
    handed down sentences ranging from three years to life in prison to a
    total of 76 persons involved in the March 2008 riots.
        An NGO reported that in July 2009 the Lithang County, Ganzi
    Prefecture Intermediate People's Court sentenced Tibetan monk Jamyang
    Tenzin of Yonru Geyden Rabgayling Monastery, Lithang County, to three
    years' imprisonment for opposing a work team sent to conduct a
    ``patriotic education campaign'' at his monastery.
        In August 2009 an NGO reported that eight Tibetans in Machen County
    were sentenced to one to seven years in prison following protests
    related to the suicide of Tashi Sangpo, which was reportedly triggered
    by his inhumane treatment at the hands of the police.
        In December 2009 authorities sentenced filmmaker Dhondup Wangchen
    to six years in prison for ``splittism'' for his film Leaving Fear
    Behind, which documented the lives of Tibetans in China and their views
    on the Dalai Lama.
        In 2009 in Barkham County, Aba (Ngaba) Prefecture, four students
    were imprisoned for working on a student newspaper at their Tibetan
    high school. One of the students was sent to an RTL camp in Mianyang.
    Charges were not brought against the other three. Three teachers at the
    high school were fired in connection with this case.
        Wangdu (Wangdui), a former employee of an HIV/AIDS prevention
    project run by a foreign NGO, who in 2008 was sentenced to life
    imprisonment for engaging in ``espionage'' on behalf of the ``Dalai
    clique,'' remained in prison. Migmar Dhondup, another former employee
    of a foreign NGO, also remained in prison on the same charge.
        Prominent Buddhist figure Tenzin Delek Rinpoche was serving a life
    sentence in a Sichuan prison on separatism, firearms, and explosives
    charges. According to Tibetan sources, the firearms were left at his
    temple by a group who had renounced hunting.
        Dozens of monks and nuns who resisted ``patriotic education''
    campaigns before the 2008 protests continued serving prison terms.
        According to an NGO, the PSB arrested Kunga Tsangyang, a monk from
    the Labrang Monastery, during a late-night raid in March 2009. The
    reported arrest was part of a continuing sweep of Tibetan Internet
    writers that began after the 2008 unrest. In November 2009 he was
    sentenced to five years in prison on charges of disclosing state
    secrets in a closed-door trial by the Gannan Intermediate People's
    Court in Gansu Province.
        In December 2009 Phurbu Tsering Rinpoche, a senior religious leader
    who allegedly had been tortured to extract a false confession, was
    sentenced to seven years for misappropriation of public assets and one-
    and-a-half years for illegal possession of ammunition after dozens of
    nuns at a nunnery he headed staged a peaceful protest in May 2008.
    Prosecutors maintained that a pistol and ammunition were found during a
    police raid, but Phurbu Tsering Rinpoche maintained that he had been
    framed. The monk's lawyer stated he had given a false confession after
    police deprived him of sleep for four days (see Torture section).
        Late in 2008 the Ganzi Tibetan Autonomous Prefecture Intermediate
    People's Court sentenced Dorje Kangzhu, a 34-year-old nun, to seven
    years in prison for ``inciting secession.'' She was arrested for
    distributing Tibetan independence leaflets and shouting pro-Tibet
    slogans in 2008.
        The following political prisoners remained incarcerated: Rongye
    Adrak, Adak Lupoe, Lama Jigme Tenzin (Jinmei Danzeng) aka Bangri
    Chogtrul, Jarib Lothog, monk Lodroe, Khenpo Jinpa, art teacher and
    musician Kunkhyen, Buchung; Penpa, Bangri Chogtrul Rinpoche, monk
    Choeying Khedrub (Quyin Kezhu), Dawa (also called Gyaltsen Namdak),
    monk Lobsang Palden, teacher Dolma Kyab, Sherab Yonten, Sonam Gyelpo,
    retired physician Yeshe Choedron (Yixi Quzhen), monk Tenzin Bucheng
    (Danzeng Puqiong), monk Lobsang Ngodrub, and monk Tsering Dhondup.

        Freedom of Speech and Press.--Tibetans who spoke to foreign
    reporters, attempted to relay information to foreigners outside the
    country, or passed information regarding the 2008 protests were subject
    to harassment or detention. During 2009, 59 individuals were convicted
    for ``creating and spreading rumors'' after the 2008 unrest.
        The Government severely restricted travel by foreign journalists to
    Tibetan areas. In the TAR, foreign journalists can gain access to the
    region only by participating in highly structured government organized
    tours, where the constant presence of government minders makes
    independent reporting difficult. Outside the TAR, foreign journalists
    frequently were expelled from Tibetan areas despite government rules,
    adopted in 2008, stating that foreign journalists do not need the
    permission of local authorities to conduct reporting. In June the
    Foreign Correspondents Club of China (FCCC) called on China to apply
    its own reporting regulations and open the TAR to foreign journalists.
    An FCCC survey found that 86 percent of respondents said that it was
    not possible to report accurately and comprehensively about Tibet.
    Respondents submitted 35 applications for travel to the TAR over the
    past two years; only four were approved. Some foreign media were able
    to report from Yushu immediately after the earthquake without serious
    government interference.
        In March 2009 the FCCC urged the Government to halt detentions of
    journalists and open Tibetan areas for news coverage. Reporters from at
    least six different news organizations were detained or had their
    property confiscated when they attempted to visit Tibetan areas of
    Gansu, Sichuan, and Qinghai provinces ahead of the first anniversary of
    social unrest in Tibet.
        Tibetans noted that the authorities had ordered that coverage of
    the Yushu relief efforts should focus on the army's efforts and should
    downplay the work of Tibetan monks.
        On April 6, two Tibetan writers, Tashi Rabten and Druklo, were
    taken into custody by police during a raid at their hostel at the
    Northwest University for Nationalities in Lanzhou, Gansu Province.
    Tashi Rabten was one of four Tibetan writers whose arrest the NGO
    Reporters Without Borders reported in August 2009. The other three were
    Zhuori Cicheng, the monk Gang Ni, and Kang Gongque. Kang Gongque was
    sentenced to two years in a Sichuan Province prison.
        On December 30, the Aba Intermediate Court found three Tibetan
    writers, Jangtse Dhonko, Bhudha and Kalsang Jinpa, guilty of splittism.
    Jangtse and Bhuda were each sentenced to four year' imprisonment;
    Kalsang Jinpa was given a three-year sentence.
        The Government continued to jam radio broadcasts of Voice of
    America's (VOA) and Radio Free Asia's (RFA) Tibetan- and Chinese-
    language services and the foreign-based Voice of Tibet. Some Tibetans
    reported that at times they were able to receive such radio broadcasts
    despite frequent jamming. One monk in Sichuan observed that he might be
    able to hear VOA/RFA broadcasts ``if he bought a better radio'';
    however, ``if he were caught with a better radio he would be
    punished.'' In Tibetan areas of southern Gansu Province and the Ganzi
    Tibetan Autonomous Prefecture in Sichuan Province police confiscated or
    destroyed satellite dishes suspected of receiving VOA Tibetan-language
    television as well as VOA and RFA audio satellite channels. The dishes
    have been replaced with government-controlled cable television systems.
    Some Tibetans were able to listen to overseas Tibetan-language radio
    and television on the Internet.
        Domestic journalists did not report on repression in Tibetan areas;
    bloggers who did so faced punishment.

        Internet Freedom.--In August the Internet magazine Tibetan Review
    reported that Internet cafes across Tibet had been ordered to finish
    installing a ``state-of-the-art'' surveillance system by the end of the
    month. The system would not only restrict content that could be viewed
    but would also monitor users' Internet activities. Identity cards
    belonging to the person using the Internet must be swiped to allow
    online access, and viewed content could then be traced back to that
    identity. The order reportedly has been implemented.
        During major religious, cultural, and political festivals in
    Tibetan areas, many Web sites were shut down and Internet cafes were
    closely monitored.
        The Internet blog of well-known Tibetan poet and journalist,
    Tsering Woeser, remained inaccessible to Internet users inside China
    due to official Internet filtering. Authorities continued to refuse to
    issue Woeser a passport. Most foreign Tibet-related Web sites critical
    of official policy in Tibetan areas were blocked to users in China
    throughout the year.
        Official censorship greatly hampered the development of Tibetan-
    language Internet sites. Although the Government funded projects
    designed to improve Tibetan-language computer interfaces, security
    agencies responsible for monitoring the Internet often lacked the
    language skills necessary to monitor Tibetan content. As a result,
    Tibetan-language blogs and Web sites were subject to indiscriminate
    censorship, with entire sites closed down even when the content did not
    appear to touch on sensitive topics.
        In March authorities cut off both Internet and cell phone text
    messaging in various parts of Ganzi and Aba prefectures in Sichuan
    Province and in the TAR. In June when the two sons of the leader of the
    Sakya school of Tibetan Buddhism made a short visit to the Sakya
    Monastery in the TAR, cell phone connections and the Internet in Sakya
    County were completely shut down.
        In February 2009 police in Machu County, Gannan Tibetan Autonomous
    Prefecture, arrested Kunchok Tsephel Gopey Tsang, owner of the Tibetan
    cultural and literary Web site The Lamp, which was taken off the
    Internet for several months. In November 2009 he was sentenced to 15
    years in prison on charges of disclosing state secrets.
        In 2009 according to an NGO, Gonpo Tserang was sentenced in Dechen,
    TAR, to three years in prison for ``inciting separatism'' by sending e-
    mail and text messages about the March 2008 protests. The verdict from
    the trial stated that ``Gonpo Tserang used the Internet to deliberately
    fabricate rumors, distorting the true situation to incite separatism.''
        Tibet activists inside and outside of China have been harassed by
    well-organized computer-hacking attacks originating from within China
    according to a foreign-based study group.
        Cell phone and Internet service in the TAR and the Tibetan areas of
    Sichuan, Qinghai, and Gansu provinces were curtailed at times during
    the March period of sensitive anniversaries and the new ``Serf
    Liberation Day'' (see Academic Freedom and Protection of Cultural
    Heritage).

        Academic Freedom and Protection of Cultural Heritage.--Authorities
    in Tibetan areas required professors and students at institutions of
    higher education to attend political education sessions in an effort to
    prevent separatist political and religious activities on campus. Ethnic
    Tibetan academics were frequently encouraged to participate in
    government propaganda efforts, such as by making public speeches
    supporting government policies or accepting interviews by official
    media. Academics who failed to cooperate with such efforts faced
    diminished prospects for promotion. Academics in China who publicly
    criticized the Chinese Communist Party's (CCP) policies on Tibetan
    affairs faced official reprisal. The Government controlled curricula,
    texts, and other course materials as well as the publication of
    historically or politically sensitive academic books. Authorities
    frequently denied permission to Tibetan academics to travel overseas
    for conferences and academic/cultural exchanges.
        Planned urban economic growth, rapid infrastructure development,
    the growing non-Tibetan population, the expanding tourism industry, the
    forced resettlement of nomads and farmers, the weakening of Tibetan-
    language education at the middle and high school levels, and the
    introduction of more modern cultural influences continued to disrupt
    traditional living patterns and customs and marginalized the local
    population.
        In March the authorities in Lhasa launched another in a series of
    ``Strike Hard'' campaigns. According to official reports, in the early
    days of the campaign, they raided 4,115 rented accommodations; checked
    60 crime-prone areas; carried out comprehensive checks on 7,347
    nonpermanent residents of the city; raided more than 70 guest houses,
    Internet cafes, entertainment centers, and bars; and detained 435
    persons. Although ostensibly an anticrime operation, police searched
    private homes, guest houses, hotels, bars, and Internet cafes for
    photographs of the Dalai Lama and other politically forbidden items.
    Police examined the cell phones of Lhasa residents to search for
    ``reactionary music'' from India and photographs of the Dalai Lama.
    Human rights groups believed the motive behind the ``strike hard''
    campaign was to harass human rights activists and supporters of Tibetan
    independence.
        On March 28, the TAR marked its second annual observance of ``Serf
    Emancipation Day,'' the day in 1959 that China's rulers formally
    abolished the Dalai Lama's regional government. During the official
    celebration, Tibetan officials denounced the Dalai Lama.
        The Dalai Lama and other observers expressed concern that
    development projects and other central government policies
    disproportionately benefited non-Tibetans and continued to promote a
    considerable influx of Han, Hui, and other ethnic groups into the TAR.
        Residents lacked the right to play a role in protecting their
    cultural heritage, including their environment. In 2007 the TAR
    government revised the TAR Cultural Relics Protection Regulations,
    asserting ownership over religious relics and monasteries.
        Tibetans protested against mining or other industrial activities
    that harm the environment. In September Radio Free Asia reported that
    Tibetan demonstrators in Driru County, TAR protested construction of a
    dam. In August police shot and killed 47-year-old protester Babo at a
    mine in a Tibetan area of Sichuan. Local Tibetans said that three
    Tibetans were shot in the incident. On May 25, police opened fire on
    Tibetans at a cement factory in Xiahe (Labrang) County in Gansu
    Province; 15 Tibetans sustained gunshot wounds or injuries from police
    beatings according to an exile source in contact with Tibetans in the
    area.
        Tibetan and Mandarin Chinese are official languages in the TAR, and
    both languages appeared on some, although not all, public and
    commercial signs. In most cases, Chinese signage was in large
    characters, with Tibetan in small letters, sometimes misspelled, and
    often there was no Tibetan at all. Inside official buildings and
    businesses, including banks, post offices, and hospitals, very little
    signage in Tibetan could be found and in many instances, forms and
    documents for use by citizens or customers were available only in
    Mandarin. Mandarin was widely spoken and was used for most official
    communications. The illiteracy rate among Tibetans was more than five
    times higher (47.6 percent) than the national average (9.1 percent),
    according to 2000 census data. In many rural and nomadic areas,
    children received only one to three years of Tibetan-language education
    before continuing their education in a Mandarin-language school.
    According to official figures, the illiteracy rate among youth and
    working-age adults fell from 30.9 percent in 2003 to 2.4 percent in
    2008.
        According to a 2006 report by the Xinhua News Agency, a looser
    definition of literacy was used for Tibetan speakers than for Mandarin
    speakers in rural Tibet. Tibetan-speaking peasants and nomads were
    considered literate by PRC government standards if they could read and
    write the 30 basic letters of the Tibetan alphabet and read and write
    simple notes. However, Tibetan writing commonly stacks letters on top
    of one another creating an additional 89 letters beyond the basic 30.
    Tibetans regard persons who only recognize the 30 letters as
    semiliterate. Mandarin-speaking nomads and herders were considered
    literate if they could recognize 1,500 Chinese characters.
        The Primary/Middle School Tibetan-language Curriculum Committee of
    the Five Provinces (TAR, Sichuan, Qinghai, Gansu, and Yunnan)
    established a national Tibetan-language curriculum for primary and
    middle schools in Tibetan areas that was predominantly translated
    directly from a standard Chinese curriculum, offering Tibetan students
    very little insight into their own culture, history, and values. Few
    elementary schools in Tibetan areas used Tibetan as the primary
    language of instruction. In Kangding (Dartsedo), capital of Ganzi
    Prefecture, there were no elementary schools where Tibetan children
    could study in Tibetan. Tibetan students were required to study
    Mandarin, which generally was used to teach most subjects. In middle
    and high schools--even some officially designated as Tibetan schools--
    teachers nearly always used Tibetan only to teach classes in Tibetan
    language, literature, and culture, and taught all other classes in
    Mandarin. Of more than 15 middle and high schools in Aba Prefecture of
    Sichuan Province, in only three was the curriculum taught primarily in
    Tibetan.
        On October 19, a provincial government decision to replace Tibetan
    with Mandarin as the main medium of instruction in Tibetan schools in
    Qinghai Province set off protests by several thousand Tibetan students
    in Tongren (Rebkong), Huangnan (Malho) Tibetan Autonomous Prefecture in
    Qinghai. The protesters held banners in both Mandarin and Tibetan
    calling for ``Equality for Nationalities'' and ``Expand the Use of the
    Tibetan Language'' and ``Freedom for the Nationalities.''
        As a practical matter, proficiency in Mandarin was essential to
    qualify for higher education. China's most prestigious universities
    provided no instruction in Tibetan or other ethnic minority languages.
    Lower-ranked universities established to serve ethnic minority students
    only offered Tibetan-language instruction in courses focused on the
    study of the Tibetan language or culture. At the minority universities,
    Tibetans and other ethnic minority students typically achieved high
    proficiency in Mandarin, as it was the medium for much of the
    curriculum, such as computer and business courses.
        Leading universities generally required English-language
    proficiency for matriculation. Most graduates of Tibetan schools,
    however, learned only Mandarin and Tibetan and were thus unable to
    attend the better universities. This resulted in a shortage of Tibetans
    trained in science and engineering and, consequently, a near-total
    reliance on imported technical specialists from outside Tibetan areas
    to work on development projects.
        On April 3, Tibetan students of the Machu Tibetan Middle School
    protested the firing of the school's headmaster Kyabchen Dedrol and two
    Tibetan assistants Do Re and Choekyong Tseten. Chinese authorities
    fired them following a student-led protest. In China, school
    authorities were held strictly accountable for the political activities
    of their students.

        Freedom of Religion.--For a complete discussion of religious
    freedom, please see the 2010 International Religious Freedom Report at
    www.state.gov/g/drl/irf/rpt.

        Freedom of Movement.--The law provides for the freedom to travel;
    however, in practice the Government strictly regulated travel and
    freedom of movement of Tibetans.
        Freedom of movement, particularly for monks and nuns, was limited
    severely within Lhasa and throughout the TAR, and in Tibetan areas of
    Qinghai, Gansu, and Sichuan provinces. It was less of a problem in
    Yunnan, where there were many fewer monasteries and nunneries than
    other Tibetan areas. The PAP and local PSBs set up multiple roadblocks
    and checkpoints on major roads, in cities, and on the outskirts of
    monasteries. Tibetans traveling in religious attire were subject to
    extra scrutiny by police at roadside checkpoints. Several Tibetan monks
    reported that it remained difficult to travel outside their home
    monasteries, with officials frequently denying permission for outside
    monks to stay temporarily at a particular monastery for religious
    education. After the Yushu earthquake, many monks from neighboring
    counties and provinces were forced to leave, although local Tibetans
    needed their help to conduct funeral ceremonies for the many earthquake
    victims.
        Many Tibetans, particularly prominent religious figures, scholars,
    and dissidents, as well as those from rural areas, continued to report
    difficulties obtaining passports. It has been more difficult for
    Tibetans to obtain new or renew existing passports following the 2008
    protests. In some cases, in order to obtain passports Tibetans had to
    promise not to travel to India. In other cases, Tibetan students with
    scholarships to foreign universities could not study abroad because
    authorities refused to issue them passports. Some Tibetans were able to
    obtain passports only after paying substantial bribes to government
    officials.
        Tibetans continued to encounter substantial difficulties and
    obstacles in traveling to India for religious, educational, and other
    purposes. Ethnic Tibetan government and CCP cadres in the TAR and Ganzi
    Prefecture were not allowed to send their children to study abroad. In
    addition to passport restrictions, reinforcement of border posts made
    travel, such as pilgrimages via Nepal to India to see the Dalai Lama,
    more difficult.
        The Government restricted the movement of Tibetans during sensitive
    anniversaries and events, and increased controls over border areas at
    these times. There were reports of arbitrary detentions of persons,
    particularly monks and nuns, returning from India and Nepal. Detentions
    generally lasted for several months, although in most cases authorities
    did not bring formal charges against prisoners.
        Tight border controls sharply limited the number of persons
    crossing the border into Nepal and India. The Tibetan Reception Center
    in Kathmandu received 874 new Tibetan arrivals. In 2009 there were 838
    arrivals, in 2008 there were 596, and in 2007 there were 2,156.
        The Dalai Lama, the Karmapa, Sakya Trizin, Kyabje Trulshuk
    Rinpoche, and Gyalwa Menri Trizin--leaders of all the schools of
    Tibetan Buddhism--remained in exile. The whereabouts of the Panchen
    Lama, Gedhun Choekyi Nyima, remained unknown.
        Many non-Tibetan Chinese citizens worked in Tibetan regions.
    Buddhist monks, particularly Han, were allowed only temporary visits to
    Tibetan Buddhist monasteries. Local religious affairs authorities often
    forbid Han or foreign Buddhists from staying in monasteries for long-
    term study.
        The Government also regulated foreign travel to the TAR. In
    accordance with a 1989 regulation, foreign visitors were required to
    obtain an official confirmation letter issued by the Government before
    entering the TAR. Most tourists obtained such letters by booking tours
    through officially registered travel agencies.
        Authorities halted nearly all foreign travel to Lhasa for several
    months following the 2008 demonstrations. Foreign tourists were again
    banned from the TAR in March 2009 during the 50th anniversary of the
    1959 Tibetan uprising. After March the number of foreign tourists
    traveling to the TAR increased, but authorities enforced more tightly
    than before existing rules that foreign visitors must remain with tour
    groups.
        Foreign nationals who were granted official permission to travel to
    Lhasa had their movements restricted within the city and surrounding
    areas. Officials continued to restrict severely the access of diplomats
    and journalists to Tibet. Foreign officials and reporters were able to
    travel to the region only on closely chaperoned trips arranged by the
    Tibet Foreign Affairs Office. Foreign diplomats must obtain permission
    from the TAR's Foreign Affairs Office for each visit to the TAR;
    permission was difficult to obtain. During the year three-quarters of
    the U.S. requests for official travel to the TAR were denied. In
    September authorities approved a visit to Lhasa by the U.S. Ambassador.
        Official visits to the TAR were supervised closely, and delegation
    members were afforded very few opportunities to meet local residents
    not previously approved by the authorities. For those diplomatic trips
    that were approved, the TAR Foreign Affairs Office required some high-
    level delegations to stay at the Government-affiliated Lhasa Hotel, in
    the western, predominantly ethnic Han portion of Lhasa, rather than
    hotels in the Tibetan quarter.
        With the exception of a few highly controlled trips, authorities
    repeatedly denied requests for international observers to visit Tibetan
    areas.

        National Minorities.--Although TAR census figures showed that
    Tibetans made up 92 percent of the TAR's permanently registered
    population, official figures did not include a large number of long-,
    medium-, and short-term Han residents, such as cadres, skilled workers,
    unskilled laborers, military and paramilitary troops, and their
    dependents. Chinese social scientists estimated the number of this
    floating population, including tourists and visitors on short-term
    business trips, for Lhasa alone was more than 200,000 (nearly half the
    population of Lhasa and more than 10 percent of the TAR's population)
    during the May to November high season for tourism and migrant workers.
    According to a Lhasa city official, 260,000 of the 450,000 individuals
    living in downtown Lhasa during the year belonged to the floating
    population.
        Migrants to the TAR overwhelmingly were concentrated in urban
    areas, where government economic policies disproportionately benefited
    ethnic Han Chinese. Small businesses, mostly restaurants and retail
    shops, run by ethnic Han and Hui migrants predominated in cities
    throughout Tibetan areas. Tibetans continued to make up nearly 98
    percent of the rural population, according to official census figures.
        The Government continued its campaign to resettle Tibetan nomads
    into urban areas across the TAR and other Tibetan areas. Officials
    offered nomads monetary incentives to kill or sell their livestock and
    move to newly created Tibetan communities. However, there were reports
    of compulsory resettlement where promised compensation was either
    inadequate or not paid at all.
        According to a December 2009, China News Net report, 230,000
    households in the TAR, including 1.2 million farmers and herders, had
    been resettled into permanent housing--80 percent of the target
    population.
        Improving housing conditions and education for Tibet's poorest were
    among the goals of resettlement, yet a requirement that villagers build
    houses according to strict official specifications within two or three
    years often forced resettled families into debt to cover construction
    costs.
        Although a state media report during the year noted that Tibetans
    and other minority ethnic groups made up 70 percent of government
    employees at the provincial level in the TAR, ethnic Han continued to
    hold the top CCP positions in nearly all counties and prefectures,
    including that of TAR party secretary. Within the TAR, ethnic Han
    continued to hold all the top security, military, financial, economic,
    legal, judicial and educational positions. Tibetans holding government
    and party positions were often prohibited from openly worshipping at
    monasteries or practicing their religion.
        The economic and social exclusion of Tibetans was a major reason
    why such a varied cross section of Tibetans, including business
    operators, workers, students, university graduates, farmers, and nomads
    participated in the 2008 protests. Some Tibetans reported that they
    experienced discrimination in employment, and some job advertisements
    in the TAR noted that Tibetans need not apply. Some claimed that ethnic
    Han Chinese were hired preferentially for many jobs and received
    greater pay for the same work. Some Tibetans reported that it was more
    difficult for ethnic Tibetans than Han to obtain permits and loans to
    open businesses. Continued discriminatory treatment of Tibetans'
    applications for passports is another source of dissatisfaction. The
    use of Mandarin was widespread in urban areas, and many businesses
    limited employment opportunities for Tibetans who did not speak
    Mandarin. Restrictions on international NGOs that provide assistance to
    Tibetan communities resulted in the elimination of many NGO programs
    and the expulsion of many foreign NGO workers from the TAR.
        The TAR tourism bureau continued its policy of refusing to hire
    Tibetan tour guides educated in India or Nepal. Government officials
    stated that all tour guides working in the TAR were required to seek
    employment with the Tourism Bureau and pass a licensing exam on tourism
    and political ideology. The Government's stated intent was to ensure
    that all tour guides provided visitors with the Government's position
    opposing Tibetan independence and the activities of the Dalai Lama.
    Some ethnic Tibetan tour guides in the TAR complained of unfair
    competition from government-sponsored ``Help Tibet'' tour guides
    brought in from outside the TAR and put to work after receiving a crash
    course on Tibet.

        Women and Children--There were no formal restrictions on women's
    participation in the political system, and women held many lower-level
    government positions. However, women were underrepresented at the
    provincial and prefecture levels of government. According to an
    official Web site, female cadres in the TAR accounted for more than 30
    percent of the TAR's total cadres.
        There was no information on the incidence of rape or domestic
    violence. In a Tibetan area of Sichuan Province, a resident said that
    sex-based violence, including rape, was common among Tibetan herders
    and often went unreported.
        The TAR Health Bureau reported 102 cases of HIV/AIDS in the TAR
    between 1993 and 2009. Lack of knowledge about HIV transmission and
    economic pressures on women and girls engaged in prostitution led them
    to engage in unprotected sex. Diagnosis and treatment of sexually
    transmitted diseases, including HIV/AIDS, appeared to be
    nondiscriminatory.
        Family-planning policies permitted Tibetans and members of other
    relatively small minority groups to have more children than ethnic Han.
    Some urban Tibetans who have permanent employment, as well as CCP
    members and government officials, and some ethnic Han living in Tibetan
    areas, generally were limited to two children. Rural Tibetans were
    encouraged, but not required, to limit births to three children.
        According to official policy, primary education was compulsory,
    free, and universal. According to official TAR statistics, 96.5 percent
    of children between the ages of six and 13 attended school, and 90
    percent of the TAR's 520,000 primary school students completed lower
    middle school, for a total of nine years of education. In 2003 the UN
    special rapporteur on the right to education reported that official PRC
    education statistics did not accurately reflect attendance and were not
    independently verified.
        The TAR is one of the few areas of the PRC that does not have a
    skewed sex ratio resulting from sex-selective abortion and inadequate
    health care for female infants.
                                     ______

                                   hong kong
        Hong Kong, with a population of approximately seven million, is a
    Special Administrative Region (SAR) of the People's Republic of China
    (PRC). The 1984 Sino-British Joint Declaration on the Question of Hong
    Kong and the SAR's charter, the Basic Law of the SAR (the Basic Law),
    specify that Hong Kong will enjoy a high degree of autonomy except in
    matters of defense and foreign affairs. The Fourth Term Legislative
    Council (LegCo) was elected from a combination of geographic and
    functional constituencies in 2008 elections that were generally free
    and fair. Security forces reported to civilian authorities.
        There were few reports of serious human rights abuses, but the
    following human rights problems were reported: limited ability of
    citizens to participate in and change their government, press self-
    censorship, limited power of the legislature to introduce or amend
    legislation and inability to approve executive appointments,
    disproportionate political influence of certain sectors of society in
    LegCo, and societal prejudice against certain ethnic minorities.
                            respect for human rights
    Section 1. Respect for the Integrity of the Person, Including Freedom
            From:

        a. Arbitrary or Unlawful Deprivation of Life.--There were no
    reports that the Government or its agents committed any politically
    motivated killings.
        On May 25, a jury ruled that the death of ethnic Nepali Dil Bahadur
    Limbu was a lawful killing. In March 2009 a police constable shot and
    killed Limbu during an altercation in which he violently resisted a
    police constable's request to examine his identity documents. Limbu's
    family and activists expressed concern at what they believed was
    improper limitation of the scope of the inquest, unwillingness by the
    coroner to admit relevant evidence, and a decision not to include
    recommendations to the police regarding handling cases involving ethnic
    minorities (a key point of contention in the case was that the
    constable's warnings prior to shooting were given in Cantonese, which
    Limbu did not speak). The High Court (Court of First Instance) granted
    Limbu's family a judicial review of the inquest finding in September;
    the hearing was pending at year's end.

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

        c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
    Punishment.--The Basic Law prohibits torture and other forms of abuse,
    and the Government generally observed the prohibition in practice. In
    the first half of the year, the police force's Complaints Against
    Police Office (CAPO) received 168 allegations of assault by police
    officers on persons in detention. Eleven cases were found ``not
    pursuable,'' 39 were withdrawn, and 118 were pending investigation and
    endorsement by the Independent Police Complaints Council (IPCC). There
    were 48 allegations of assault by police officers on persons not in
    custody. Seven were found ``not pursuable,'' nine were withdrawn, and
    32 were pending investigation as of June.
        CAPO, monitored by the IPCC, continued to investigate an August
    2009 incident in which narcotics officers reportedly entered a house
    without presenting identification or search warrant until the search
    had already been underway for an hour. Officers reportedly handcuffed
    and beat two residents in the course of a search for narcotics,
    reportedly leaving one resident with a ruptured right eardrum. As of
    year's end, neither body had made public the results of its
    investigation.
        Police continued following a revised policy and guidelines
    regarding strip searches implemented in 2009. Some legislators and
    activists contended that police should only conduct such searches based
    on a ``reasonable suspicion,'' but police officials defended searches
    on safety and security grounds. Some activists reported complaints from
    prostitutes that they were routinely subjected to full strip searches,
    which they contended was meant to humiliate them.

        Prison and Detention Center Conditions.--Prison conditions
    generally met international standards. The Government permitted
    monitoring visits by independent human rights observers. No human
    rights organizations requested such visits during the year.
        According to government statistics, as of June the total adult
    (over age 21) population in prison, rehabilitation, or pretrial
    detention was 7,232--4,884 male and 2,348 female inmates. As of June a
    total of 66 juveniles under age 16 were serving sentences in penal,
    retraining, or rehabilitation facilities.
        Through June the average prison occupancy rate was 91 percent.
    Overcrowding occurred in some prisons, particularly in maximum-security
    prisons, pretrial detention facilities, and institutions for female
    inmates.
        There were five reported deaths of persons in custody of the
    Correctional Services Department; abuse did not appear to be a factor.
    Inquest results had not been reported by year's end.
        Prisoners and detainees were able to send out and receive an
    unrestricted number of letters, receive regular visits, manifest their
    religious beliefs or practices in public, and attend available
    religious services. Authorities permitted prisoners and detainees to
    submit complaints to judicial authorities without censorship and to
    request investigation of credible allegations of inhumane conditions.
    Authorities investigated credible allegations of inhumane conditions
    and documented the results of such investigations in a publicly
    accessible manner. The Government investigated and monitored prison and
    detention center conditions.
        The Correctional Services Department arranged a visit by the media
    to a penal institution as part of the department's annual press
    conference. Separately, justices of the peace (JPs) are permitted to
    make unannounced visits to penal institutions, and 247 such visits took
    place between January 1 and June 30. JPs may make suggestions and
    comments on matters such as physical environment facilities,
    overcrowding, staff improvement, training and recreational programs and
    activities, and other matters affecting the welfare of inmates.
        The 1,400-place Lo Wu Correctional Institution opened in July,
    bringing the average occupancy of female detention facilities down 23
    percent to an average of 92 percent. Police also commenced renovations
    to station holding cells following complaints by NGOs about conditions.

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

        Role of the Police and Security Apparatus.--Civilian authorities
    maintained effective control over the police, and the Government had
    generally effective mechanisms to investigate and punish abuse and
    corruption.
        There were no reports of impunity involving the security forces
    during the year. The IPCC, which oversees CAPO, observes, monitors, and
    reviews complaints and actions taken in connection with such
    complaints. It may identify any fault or deficiency in police practices
    or procedures and make recommendations in respect to such practices or
    procedures. The IPCC can require the police to investigate or
    reinvestigate complaints and provide other information as it deems
    necessary. The IPCC also advises or makes recommendations to the
    commissioner of police or the SAR chief executive (CE) as appropriate.
    IPCC members and observers are also empowered to attend any interview
    conducted by the police concerning a complaint and observe the
    collection of evidence by the police in the investigation of a
    complaint at any time and without prior appointment.
        Human rights activists and some legislators expressed concern that
    all IPCC members are appointed by the CE and that the IPCC's lack of
    power to conduct independent investigations limits its oversight
    capacity. The IPCC cannot compel officers to participate in its
    investigations, and the media reported cases of police officers
    declining to do so. In response, IPCC chair Jat Sew-tong told the media
    he was confident that, if needed, he could approach the police
    commissioner and the officer would be ordered to participate.
        On April 1, in response to a number of serious offenses committed
    by police officers in 2008-09, the police force began conducting
    psychometric screening of applicants for the posts of probationary
    inspectors and recruit police constables.

        Arrest Procedures and Treatment While in Detention.--Suspects were
    apprehended openly with warrants based on sufficient evidence and
    issued by a duly authorized official. Suspects must be charged within
    48 hours or released, and the Government respected this right in
    practice. Interviews of suspects are required to be videotaped. The law
    provides accused persons with the right to a prompt judicial
    determination, and authorities respected this right effectively in
    practice. Detainees were promptly informed of charges against them.
    There was a functioning bail system, and detainees were allowed prompt
    access to a lawyer and family members.

        e. Denial of Fair Public Trial.--The law provides for an
    independent judiciary, and the Government generally respected judicial
    independence in practice. The judiciary provided citizens with a fair
    and efficient judicial process. The courts may interpret those
    provisions of the Basic Law that address matters within the limits of
    the SAR's autonomy. The courts also interpret provisions of the Basic
    Law that touch on central government responsibilities or on the
    relationship between the central authorities and the SAR. However,
    before making final judgments on these matters, which are not subject
    to appeal, the courts must seek an interpretation of the relevant
    provisions from the Standing Committee of the National People's
    Congress (NPC/SC). The Basic Law requires that courts follow the NPC/
    SC's interpretations, although judgments previously rendered are not
    affected. As the final interpreter of the Basic Law, the NPC/SC also
    has the power to initiate interpretations of the Basic Law.
        The NPC/SC's mechanism for interpretation is its Committee for the
    Basic Law, composed of six Mainland and six Hong Kong members. The CE,
    LegCo president, and chief justice nominate the Hong Kong members.
    Human rights and lawyers' organizations expressed concern that this
    process, which can supersede the Court of Final Appeal's power of final
    adjudication, could be used to limit the independence of the judiciary
    or could degrade the court's authority.

        Trial Procedures.--The law provides for the right to a fair public
    trial, and an independent judiciary generally enforced this right in
    practice. The judiciary was an active participant in the international
    community of common law jurisprudence. A roster of 15 nonpermanent
    judges from other common law jurisdictions served the Court of Final
    Appeal, providing a fifth judge to join panels with four permanent
    justices to hear cases and participate in the drafting of decisions.
    Legal precedents from other common law jurisdictions were routinely
    cited in the courts, while Hong Kong precedents were cited in other
    common law jurisdictions.
        Trials are by jury except at the magistrate and district court
    level. An attorney is provided at the public's expense if defendants
    cannot afford counsel. Defendants can confront and question witnesses
    testifying against them and present witnesses to testify on their
    behalf. Defendants and their attorneys have access to government-held
    evidence relevant to their cases. Defendants have the right of appeal.
        Defendants enjoy a presumption of innocence except in official
    corruption cases. Under the Prevention of Bribery Ordinance, a current
    or former government official who maintained a standard of living above
    that commensurate with his official income, or who controls monies or
    property disproportionate to his official income, is guilty of an
    offense unless he can satisfactorily explain the discrepancy. In
    practice the courts upheld this ordinance. Court proceedings are
    conducted in either Chinese or English, the SAR's two official
    languages.

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

        Civil Judicial Procedures and Remedies.--There is an independent
    and impartial judiciary for civil matters and access to a court to
    bring lawsuits seeking damages for, or the cessation of, human rights
    violations.

        f. Arbitrary Interference With Privacy, Family, Home, or
    Correspondence.--The law prohibits such actions, and the Government
    generally respected these prohibitions in practice.
        The Personal Data (Privacy) Ordinance provides that no personal
    data may be used for a purpose other than that stated at the time of
    its collection without the data subject's prescribed consent. Specific
    exemptions allow SAR authorities to transfer personal data to allow
    prevention, detention, or prosecution of a crime when certain
    conditions are met. Data may be transferred to a body outside of the
    SAR for purposes of safeguarding the security, defense, or
    international relations of the SAR or for the prevention, detection, or
    prosecution of a crime, provided conditions set out in the ordinance
    are met. The Office of the Privacy Commissioner for Personal Data
    (PCPD) worked to prevent the misuse, disclosure, or matching of
    personal data without the consent of the subject individual or the
    commissioner.
        The appointment of former postmaster Allan Chiang Yam-wang to
    replace Roderick Woo Bun as privacy commissioner for personal data drew
    criticism from activists and legislators after the media reported
    Chiang had been involved in improper surveillance and data transfers
    while serving as postmaster general. The Government declined to
    reconsider his appointment, and he took office on August 4.
        In May the private company Octopus, provider of transport and
    stored-value cards, admitted that customer data was improperly shared
    without consent of its customers, provoking widespread criticism from
    legislators and the public. The PCPD conducted an investigation but
    declined to issue an enforcement notice on grounds that Octopus was
    unlikely to reoffend. In his October 13 policy address, the CE pledged
    both that the PCPD would issue new guidance and that his administration
    would legislate more-specific personal data protections through
    amendments to the Personal Data (Privacy) Ordinance.
        The use of covert surveillance and the interception of
    telecommunications and postal communications can be granted only to
    prevent or detect ``serious crime'' or protect ``public security.'' The
    law establishes a two-tiered system for granting approval for
    surveillance activities, under which surveillance of a more intrusive
    nature requires the approval of a judge, and surveillance of a less
    intrusive nature requires the approval of a senior law-enforcement
    official. Applications to intercept telecommunications must involve
    crimes with a penalty of at least seven years' imprisonment, while
    applications for covert surveillance must involve crimes with a penalty
    of at least three years' imprisonment or a fine of at least HK$1
    million (approximately $128,000). In 2009 a total of 1,781
    interceptions and 208 surveillances were authorized, leading to 366
    arrests. There were 12 reported instances of noncompliance or
    irregularities in executing interceptions or surveillances. There were
    five reports that interceptions or surveillances might contain
    information subject to legal professional privilege (LPP) and two that
    might contain journalistic material (JM). Upon review by the
    commissioner, no cases involving LPP were confirmed, and only one case
    of interception of JM was confirmed. However, the commissioner noted he
    could not yet review the actual interceptions and recommended that he
    be permitted to do so, both in reported cases of possible violations
    and to conduct random reviews. Overall, his conclusion was that, when
    violations occurred, they were due either to technical problems,
    inadvertent or careless mistakes, or unfamiliarity with regulations and
    procedures, rather than deliberate disregard for law or regulation.
    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 official restriction. International media
    organizations operated freely. Foreign reporters needed no special
    visas or government-issued press cards.
        The code of ethics of the Hong Kong Journalists Association (HKJA)
    states that ``a journalist shall not lend himself/herself to the
    distortion or suppression of the truth because of advertising or other
    considerations.'' However, reports of media self-censorship continued
    during the year. Most media outlets were owned by businesses with
    interests on the Mainland, which led to claims that they were
    vulnerable to self-censorship, with editors deferring to the perceived
    concerns of publishers regarding their Mainland business interests. In
    its 2010 report, Freedom House again rated the press as ``partly
    free.''
        In July the HKJA publicly criticized what it saw as an increasing
    reliance by government officials and agencies on ``off-the-record'' or
    background briefings, at which no photos or recordings were permitted
    and officials could not be quoted by name. While the organization
    recognized the role of background briefings to allow more junior
    officials to speak on highly technical subjects, it called on senior
    officials to brief on the record concerning new government policies to
    allow journalists to perform their duty to inform the public. In
    response, the director of government information services, Michael Wong
    Wai-lun, stated, ``It has been our practice to hold press conferences
    to announce major policies and measures and update the community on
    significant incidents.'' The HKJA questioned this assertion, noting
    that the more frequent press ``stand-ups'' did not offer the same
    opportunities to ask questions as a formal press conference. The HKJA
    reported an increase in the number of press conferences following its
    complaint.
        The HKJA also singled out the police force as failing to meet
    earlier commitments to provide timely notification of incidents. When
    the police switched to encrypted digital radio in 2004 (effectively
    ending journalists' ability to monitor police activity through
    scanners), the police reportedly undertook to release an average of 100
    reports per day. An HKJA study of reports issued between July and
    December 2009 indicated an average of only 2.7 reports were being
    issued per day and were often not timely or were watered down. The HKJA
    also accused police of withholding news involving prominent persons. In
    response, the police stated that ``in deciding what information should
    be disseminated, police will take into consideration the public's right
    to know, the requirement of the code on access to information, and the
    principles that the information would not involve personal privacy and
    affect judicial procedures.''
        On August 13, the Government promulgated the revised charter of
    government-owned broadcaster Radio Television Hong Kong (RTHK), which
    stated that RTHK ``would provide an open forum for the exchange of
    views without fear or favor.'' Section 6.C. of the charter specifies
    that ``RTHK is editorially independent.'' While editorial authority
    lies with the program director (a government appointee), a new ``Board
    of Advisers,'' appointed at the time as the revised charter was
    promulgated, is empowered to advise the director ``on all matters
    relating to editorial principles.'' In announcing the revised charter
    and appointment of the board, the Commerce and Economic Development
    Bureau (the parent government agency for RTHK) stated that ``the
    Government attaches great importance to safeguarding RTHK's editorial
    independence, which is enshrined in the charter.'' Activists and RTHK
    staff, however, expressed concern that, as a body appointed by the
    Government, the board can exert influence on the broadcaster's
    editorial independence. RTHK staff also complained they did not have a
    seat on the board.
        In December the Office of the Telecommunications Authority (OFTA)
    again ordered unlicensed station Citizens' Radio to cease broadcasting,
    reporting that the station's transmissions had interfered with Civil
    Aviation Department transmissions. Citizens' Radio, whose equipment had
    been repeatedly seized and whose staff had frequently faced charges for
    unlicensed broadcasting, believed they were denied a fair chance to
    receive a proper license. After a 2008 court decision found the
    previous system was inconsistent with the Basic Law, amendments to the
    Telecomunications Ordinance passed in January laid out the specific
    criteria by which license applications will be considered. However,
    sole authority to grant or refuse the license remains with the Chief
    Executive (in consultation with the Executive Council), and there is no
    legal obligation to explain the ground for a refusal.

        Internet Freedom.--There were no government restrictions on access
    to the Internet; there was some monitoring of the Internet to combat
    sexual exploitation of children (see section 6, Children). Commercial
    Internet service was widely available, including a number of
    government-supplied wireless (WiFi) ``hot spots'' and public and
    commercial venues in which WiFi or other access was provided at no
    charge to visitors and customers. Individuals and groups could engage
    in the peaceful expression of views via the Internet, including by e-
    mail. According to Nielsen/NetRatings statistics for the year,
    approximately 69 percent of the SAR's inhabitants used the Internet.

        Academic Freedom and Cultural Events.--There were generally no
    restrictions on academic freedom and cultural events.
        Some scholars suggested Hong Kong-based academics practiced some
    self-censorship in their China-related work to preserve good relations
    and research and lecturing opportunities in the Mainland.

        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 routinely issued the required ``Letter of No Objection'' for
    public meetings and demonstrations, and the overwhelming majority of
    protests occurred without serious incident. Government statistics
    indicate that between July 1997 (Hong Kong's return to China) and June
    2010, an average of seven to eight ``public events'' occurred every
    day. However, activists and pandemocratic legislators expressed concern
    that the Government took a more restrictive view of protests happening
    at the Central Government Liaison Office (CGLO), which saw several
    clashes with protesters end in arrests. Activists alleged the police
    were acting under instructions from Beijing, which police denied.
        In March police arrested six activists from the Alliance in Support
    of the Patriotic Democratic Movement in China on charges of ``unlawful
    assembly'' stemming from a December 2009 protest outside the CGLO in
    support of Liu Xiaobo. Twenty activists entered the grounds, at which
    point there was a scuffle with police and CGLO security guards. On
    December 20, a magistrate acquitted the six, but the Government
    announced it would appeal the verdict. Police charged activists under
    section 18 of the Public Order Ordinance, a vaguely worded law that
    allows authorities to declare any gathering of more than three persons
    an ``unlawful assembly'' should they act in a ``disorderly,
    intimidating, insulting, or provocative manner.''
        Regarding assault charges, activists and some lawmakers expressed
    concern about the lack of clear guidelines about whether an alleged
    offender would be charged under the Police Force Ordinance (PFO) or the
    Offences Against the Person Ordinance (OAPO). Both criminalize assault
    on a police officer on duty, but while the PFO carries a maximum
    penalty of six months' imprisonment and a HK$5,000 ($643) fine, the
    OAPO carries a maximum penalty of two years' imprisonment. Some
    activists also alleged that police faced no penalty for making arrests
    that ultimately were not prosecuted or that resulted in cases dismissed
    by the courts, allowing them to use arrest as a means of intimidation
    and to discredit protesters.
        In December the media reported that the police force was completing
    work on a new Public Order Manual, which would guide police in handling
    public demonstrations. The media quoted a prominent human rights NGO
    and a member of the Independent Police Complaints Council as expressing
    concern that the contents of the manual would not be made public.
        Well over 100,000 persons joined the annual vigil commemorating the
    June 4 Tiananmen massacre, the highest turnout in many years.
    Approximately 30,000 persons joined the annual July 1 democracy march.
    Both events were conducted peacefully.
        Immediately prior to the June 4 commemorative events, Food and
    Environmental Health Bureau officials ordered the seizure of statues
    used by activists. The officials declared that the statues, which had
    been used by activists for years without incident, constituted a
    ``public entertainment'' requiring insurance that the activists had not
    obtained. Pandemocratic legislators and activists, as well as editorial
    opinion, condemned the move. Ultimately, the police (who were in
    physical possession of the statues) returned them to activists prior to
    June 4.
        In September SAR authorities twice prevented members of the Action
    Committee for Defending the Diaoyu Islands (Senkaku Islands in
    Japanese) from leaving Hong Kong waters in a fishing vessel to protest
    Japanese detention of a Chinese fishing crew in the disputed Senkaku
    Islands. Unlike earlier voyages, which the Government halted on grounds
    that fishing boats are not rated to carry passengers, the group
    traveling in September was made up solely of persons qualified in some
    respect as sailors. An earlier judicial appeal, which challenged the
    Government's action in halting a vessel in May 2009 as a violation of
    the Basic Law's guarantee of freedom of movement, failed in a lower
    court in February. However, in December the High Court (Court of First
    Instance) reversed the decision, ruling that the evidence cited by the
    Government as grounds to stop the vessel was ``very weak.''
        In December 2009 activists staged a protest on behalf of Mainland
    activist Liu Xiaobo at the Lo Wu border crossing. During an ensuing
    scuffle between the SAR and the Mainland, activists alleged that
    Mainland law enforcement officers dragged activists across the border.
    Six activists ended up in Mainland custody, although they were released
    that same evening. SAR authorities requested Mainland assistance in
    determining whether officers had indeed crossed the border. As of
    year's end, no response from the Mainland had been received.

        Freedom of Association.--The law provides for this right, and the
    Government generally respected it in practice. In the first half of the
    year, 1,375 societies were registered or exempted from registration
    under the Societies Ordinance. No applications were rejected by the
    police.

        c. Freedom of Religion.--For a complete description of religious
    freedom, please see the 2010 International Religious Freedom Report at
    www.state.gov/g/drl/irf/rpt.

        Societal Abuses and Discrimination.--There were no reports of
    societal abuses or discrimination based on religious affiliation,
    belief, or practice, including anti-Semitic acts against the small
    Jewish community, during the year. Please see www.state.gov/g/drl/irf/
    rpt.

        d. Freedom of Movement, Internally Displaced Persons, Protection of
    Refugees, and Stateless Persons.--The law provides residents freedom of
    movement, freedom of emigration, and freedom to enter and leave the
    SAR, and the Government generally respected these rights in practice,
    with some prominent exceptions.
        Under the ``one country, two systems'' framework, the SAR continued
    to administer its own immigration and entry policies and made
    determinations regarding claims under the Convention Against Torture
    (CAT) independently.
        The Government cooperated with the Office of the UN High
    Commissioner for Refugees (UNHCR) and other humanitarian organizations
    in providing temporary permission to enter the SAR and assistance to
    internally displaced persons, refugees, returning refugees, asylum
    seekers, stateless persons, and other persons of concern.
        There continued to be cases in which persons traveling to the SAR
    for reasons that did not appear to contravene the law were refused
    entry by the Immigration Department. The Immigration Department, as a
    matter of policy, declined to comment on individual cases. Activists,
    some legislators, and others contended the refusals, usually of persons
    holding critical views of the Mainland, were made at the behest of the
    PRC authorities. The Security Bureau countered that, while the
    Immigration Department exchanges information with other immigration
    authorities, including the Mainland, it makes its decisions
    independently.
        In January authorities denied visas to six technicians of a music
    and dance troupe contracted by the Epoch Group (a media organization
    with ties to Falun Gong) to present several performances in Hong Kong.
    The Immigration Department stated that the visas were refused in
    accordance with laws protecting the employment of local workers and
    that the troupe could hire competent staff locally. The Epoch Group
    cancelled the show and requested a judicial review of the refusals. The
    review was granted, and the case was scheduled to be heard in January
    2011.
        On June 1, foreign citizen Chen Weiming, the sculptor who designed
    the Goddess of Democracy statue used by activists to commemorate June
    4, was denied entry to the SAR. Chen's lawyer, Democratic Party
    legislator James To Kun-sun, told the media he was unable to file a
    legal challenge before Chen was put on a departing flight on June 2.
    Secretary for Security Ambrose Lee Siu-kwong repeated the Government's
    long-standing denial that it maintains an immigration ``blacklist,''
    stating that it was ``totally unrelated to so-called political
    suppression.''
        Most residents easily obtained travel documents from the SAR
    government. However, the PRC authorities did not permit some Hong Kong
    human rights activists and most prodemocracy legislators to visit the
    Mainland. Eleven incumbent legislators were denied ``Home Return
    Permits'' to visit the Mainland.
        Forty-two legislators, including four pan-democrats without home
    return permits, visited the Mainland on May 8-10, principally to visit
    the Shanghai Expo.
        Government policy was to repatriate undocumented migrants who
    arrive from the Mainland, and authorities did not consider them for
    refugee status. As of July 31, 3,752 immigration offenders and illegal
    immigrants were repatriated to the Mainland. The Government does not
    recognize the Taiwan passport as valid for visa endorsement purposes,
    although convenient mechanisms exist for Taiwan passport holders to
    visit Hong Kong.
        The law does not provide for forced exile, and the Government did
    not use it.

        Protection of Refugees.--The SAR is not a party to the 1951
    Convention relating to the Status of Refugees or its 1967 Protocol and
    has no temporary protection policy. The director of immigration has
    discretion to grant refugee status or asylum on an ad hoc basis but
    only in cases of exceptional humanitarian or compassionate need. The
    Immigration Ordinance does not provide foreigners the right to have
    asylum claims recognized. 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 account of their
    race, religion, nationality, membership in a particular social group,
    or political opinion. The Government's practice was to refer refugee
    and asylum claimants to a lawyer or the UNHCR.
        The Government does not recognize a legal obligation to grant
    protection under Article 3 of the CAT, leaving this to the discretion
    of the Director of Immigration, but in practice has generally reviewed
    claims made under CAT. As of August there were 6,600 such claims
    pending determination by the Immigration Department. In December 2009
    the department established new screening procedures, and by August 60
    claims had been reviewed; none were granted. The SAR has granted
    protection under CAT to only one applicant, in 2008.
        After a 2008 court decision found that the Immigration Department's
    process was not sufficiently ``certain and accessible,'' a new review
    mechanism for CAT claims was put into effect in December 2009.
    Claimants have access to legal counsel from the Duty Lawyer Service,
    whose lawyers have received training in refugee and torture claims from
    the Hong Kong Academy of Law. There is also a system to appeal
    Immigration Department decisions, with the reviews conducted by
    experienced magistrates. Several observers, including the bar
    association and the law society, suggested processing refugee and CAT
    claims at the same time to avoid duplicate filings.
        The Government, in collaboration with nongovernmental organizations
    (NGOs) and on a case-by-case basis, offered in-kind assistance,
    including accommodation, food, clothing, and other basic necessities,
    as well as appropriate transport allowance and counseling and medical
    services, to asylum seekers and torture claimants who were deprived of
    basic needs while their claims were being processed. As of June 30,
    approximately 5,400 persons were receiving assistance.
        Those whose claims are pending have no legal right to work, and
    those granted either refugee status by the UNHCR or relief from removal
    under CAT are permitted to work only if specifically permitted by the
    director of immigration. They are also ineligible for training by
    either the Employees Retraining Board or Vocational Training Council.
    Applications to attend school or university are considered on a case-
    by-case basis, at the discretion of the director of immigration. In
    November local lawyers assisting the SAR's only CAT protection
    recipient and four applicants recognized as refugees by the UNHCR
    challenged the restriction in court; the court reserved judgment, and
    no verdict had been announced by year's end.
        A May 30 High Court (Court of Appeal) decision upheld a March 2009
    decision by the High Court (Court of First Instance) that the
    Government could not charge asylum or CAT claimants found to be working
    with ``overstaying''; the decision was based on grounds that their
    release on recognizance constituted authority from the director of
    immigration to remain in the SAR. The Government indicated it would
    study the judgment before determining whether to appeal. LegCo had
    previously passed legal amendments in November 2009 making it illegal
    for claimants--who are otherwise regarded as illegal immigrants by the
    Government--to work or establish a business.
    Section 3. Respect for Political Rights: The Right of Citizens to
            Change Their Government
        The right of residents to change their government peacefully is
    limited by the Basic Law. Reforms passed in June expanded from 800 to
    1,200 the number of members in the committee that selects the CE. A
    second reform added five seats to the 30 elected directly from the five
    geographic constituencies. An additional five seats were also added to
    the functional constituency (FC) representing the district councils.
    These new seats are to be nominated by elected district councilors and
    then elected by all voters who do not have a vote in another FC.
    Specific implementing legislation on both reforms was pending at year's
    end.
        The remaining 30 LegCo seats are elected by 28 FCs, which represent
    key economic and social sectors. These 30 seats are elected by fewer
    voters than the electorate in a single geographic constituency. The
    vast majority of FC voters are represented by the three largest FCs,
    while the four smallest have fewer than 200 voters. Some of these
    latter organizations allow ``corporate voting,'' meaning the chief
    executive officer of a corporation or organization votes on behalf of
    the entire entity. Persons with interests in more than one sector
    represented by an FC may be able to cast three votes (one in their
    geographic constituency, one in an FC as an individual voter, and one
    as the authorized representative of a corporate elector). In addition,
    such electors may be able to control or influence the votes of other
    authorized representatives of corporate electors in other FCs in which
    they have interests.
        The Government repeatedly stated that the current method of
    selecting legislators for these seats does not conform to principles of
    universal suffrage, but it took no steps to reform the ``traditional''
    FCs. The High Court (Court of First Instance) struck down a legal
    challenge to corporate voting in December 2009, ruling that the
    election systems did not contravene the Basic Law.
        District councils are responsible for advising the Government on
    matters affecting the well-being of district residents, the provision
    and use of public facilities, and the use of public funds allocated for
    local public works and community activities. The District Council
    Ordinance gives the CE authority to appoint 102 of the 529 district
    councilors, and he exercised this power. Pan-democrats contended that
    the CE uses appointments to dilute their influence on the councils and
    repeatedly called for the abolition of the appointed seats.
        The SAR sends 36 deputies to the NPC and has 126 delegates in the
    Chinese People's Political Consultative Conference.
        The approval of the CE, two-thirds of LegCo, and two-thirds of the
    SAR's delegates to the Mainland's NPC are required to place an
    amendment of the Basic Law on the agenda of the NPC, which has the sole
    power to amend the Basic Law.

        Elections and Political Participation.--In 2007 the CE Election
    Committee selected incumbent Donald Tsang Yam-kuen, and the PRC's State
    Council formally appointed him. In 2008 voters in five geographic
    constituencies elected 30 legislators, half of the total LegCo, in
    elections that were generally free and fair. A record number of
    candidates, both party affiliated and independent, contested the
    elections. Of the 30 FC seats, 14 incumbents returned uncontested.
        In March five legislators resigned to force a by-election they
    declared to be a ``referendum'' on political reform, particularly on
    achieving universal suffrage. While the Government stated that neither
    the Basic Law nor local law establishes a legal process by which to
    conduct a referendum, on May 16, the Government held the by-election.
    Supporters of the by-election criticized the Government for not making
    the traditional efforts to encourage citizens to vote in the by-
    election. They also criticized the publicly announced decision of the
    CE and senior officials not to cast ballots in the election. The by-
    election itself, which saw a turnout of approximately 17 percent, was
    generally free and fair, and the five ``incumbents'' were reelected.
        The Basic Law prohibits LegCo from putting forward bills that
    affect public expenditure, political structure, or government policy.
    Bills that affect government policy cannot be introduced without the
    CE's written consent. The Government has adopted a very broad
    definition of ``government policy'' to block private member bills. On
    occasion, and on advice of LegCo's legal advisors, the LegCo president
    has challenged the administration's assertion that a motion was out of
    order and allowed it to come to vote. When private member bills are
    considered, passage requires separate majorities among members of both
    the geographical constituencies and the FCs.
        Seven of the 30 executive councilors (cabinet ministers and
    ``nonofficial'' councilors) were women. Seven of the 30 directly
    elected LegCo members were women, and women held four of the 30 FC
    seats. Women made up between 17 and 23 percent of the membership in the
    major political parties. Two political parties represented in LegCo
    were headed by women, and several women were party vice chairs. Four of
    the 22 most senior government officials were women.
        There is no legal restriction against non-Chinese running for
    electoral office or participating in the civil service, although most
    elected or senior appointed positions require that the office holder
    have legal right of abode only in the SAR. There were no members of
    ethnic minorities in LegCo. The Government regards ethnic origin as
    irrelevant to civil service appointment and does not collect data on
    the number of nonethnic Chinese serving in the civil service, a
    practice that some observers criticized as preventing the Government
    from monitoring hiring and promotion rates for nonethnic Chinese.
    Section 4. Official Corruption and Government Transparency
        There were isolated reports of government corruption, and the
    Government sought to combat official corruption through the Prevention
    of Bribery Ordinance and the Independent Commission against Corruption
    (ICAC).
        From the beginning of the year through September, ICAC received 787
    reports of corruption involving government institutions or personnel.
    As of June, 311 were under investigation (including one that was being
    prosecuted, 168 were deemed nonpursuable, and 43 were found to be
    unsubstantiated. Eighteen cases of election-related corruption were
    reported in the first half of the year, with 13 under investigation,
    four deemed nonpursuable, and one found to be unsubstantiated.
        There are no legal protections for whistleblowers. In an April 2009
    submission to LegCo, the Government argued that existing procedures
    protected staff from being penalized for making complaints or
    suggestions ``in good faith'' and that those reporting crime or
    corruption also were protected under the law.
        The SAR requires the 27 most senior civil service officials to
    declare their financial investments annually and the approximately
    3,100 senior working-level officials to do so biennially. Policy
    bureaus may impose additional reporting requirements for positions seen
    as having a greater risk of conflict of interest.
        There is no freedom of information legislation. An administrative
    code on Access to Information serves as the framework for the provision
    of information by government bureaus and departments and the ICAC.
    However, they may refuse to disclose information if disclosure would
    cause or risk causing harm or prejudice in several broad areas:
    national security and foreign affairs (which are reserved to the
    central government); immigration issues; judicial and law enforcement
    issues; direct risks to individuals; damage to the environment; result
    in improper gain or advantage; management of the economy; management
    and operation of the public service; internal discussion and advice;
    public employment and public appointments; research, statistics and
    analysis; third-party information; business affairs; premature
    requests; and information on which legal restrictions apply. Political
    inconvenience or the potential for embarrassment are not a justifiable
    basis for withholding information.
        In a January report, Effectiveness of Administration of Code on
    Access to Information, the ombudsman cited ``deficiencies among certain
    departments, displaying considerable misunderstanding of the provisions
    and unfamiliarity with the procedural requirements of the code after
    well over a decade of implementation. Some have refused requests for
    information without giving any reason or with reasons not specified in
    the code; others have misused the reasons specified in the code.'' In
    the first half of the year, the Office of the Ombudsman reported
    receiving 16 code-related complaints. In response, the Constitutional
    and Mainland Affairs Bureau cited the ombudsman's statistics that, of
    the 25,125 requests made under the code between March 1995 and
    September 2009, 23,986 (95.5 percent) had been met in full, 563 (2.2
    percent) had been met in part, and only 576 (2.3 percent) were refused
    under reasons set out in the code. In its annual report, the HKJA again
    called on the Government to pass a formal freedom of information law.
        Company registry documentation and the November 2009 report by the
    UN Group of Experts (UNGOE) on the Democratic Republic of the Congo
    (DRC) indicated that Huaying Trading Company (HTC), a Chinese-run
    mineral exporting company based in eastern DRC, maintained a presence
    in Hong Kong. According to UNGOE reporting, HTC purchased minerals from
    mines controlled by the Democratic Liberation Forces of Rwanda (FDLR),
    which controlled several mines in the eastern DRC provinces of North
    and South Kivu. The FDLR, whose leaders continued to include architects
    of the 1994 Rwandan genocide, has committed numerous, serious human
    rights abuses in eastern DRC and Rwanda. The UNGOE report also
    presented information indicating that Refractory Metals Mining Company
    Ltd. (RMMC), also based in Hong Kong, financed trading activities of
    Africa Ventures Ltd., which bought minerals from suppliers that
    purchased such material from FDLR mines.
        In addition, according to UNGOE's May interim report, ``in the Kivu
    provinces, it appears, almost every mining deposit is controlled by an
    armed group.'' In December the international NGO Global Witness
    reported that the export records of the DRC government's Division of
    Mines showed that a Hong Kong-based company, Unilink Trading Hong Kong,
    was one of three companies that purchased columbite-tantalite (or
    ``coltan'') exported from conflict-affected North Kivu Province in May.
    Section 5. Governmental Attitude Regarding International and
            Nongovernmental Investigation of Alleged Violations of Human
            Rights
        A wide variety of domestic and international human rights groups
    generally operated without government restriction, investigating and
    publishing their findings on human rights cases. Government officials
    generally were cooperative and responsive to their views. Prominent
    human rights activists critical of the central government also operated
    freely and maintained permanent resident status in the SAR.
        During the year the Government prepared independent submissions and
    responses to queries from UN bodies and foreign consulates resident in
    the SAR.
        There is an Office of the Ombudsman and an Equal Opportunity
    Commission (EOC), both appointed by the Government but independent in
    their operations. Both organizations operated without interference from
    the Government and published critical findings in their areas of
    responsibility. In a change welcomed by activists, the new EOC
    commissioner, Lam Woon-kwong, was a vocal public advocate on minority
    rights, access to public and commercial buildings for persons with
    disabilities, and other issues within the EOC's responsibility.
    Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
        The law provides that all residents are equal, and the Government
    enforced this in practice. The EOC is responsible for implementing the
    Sex Discrimination Ordinance (SDO), the Disability Discrimination
    Ordinance, the Family Status Discrimination Ordinance, and the Race
    Discrimination Ordinance.

        Women.--Rape, including spousal rape, is criminalized under the
    law, and police enforced the law effectively. From January to June, 54
    rape cases and 775 indecent assault cases were reported to the police.
    Of these, 52 rape cases and 546 indecent assault cases were detected,
    leading to 63 and 515 arrests, respectively.
        The Government regarded domestic violence against women as a
    serious concern and took measures to prevent and prosecute offenses. It
    effectively enforced criminal statutes prohibiting domestic violence
    against women and prosecuted violators. Between January and June, there
    were 1,105 cases of domestic violence involving heterosexual partners
    reported to, and investigated by, the police. The Domestic Violence
    Ordinance allows victims to seek a three-month injunction, extendable
    to six months, against an abuser. The ordinance does not criminalize
    domestic violence directly, although abusers may be liable for criminal
    charges under other ordinances, including the Crime Ordinance and the
    Offences Against the Person Ordinance. The Government enforced the law
    and prosecuted violators, but sentences typically consisted only of
    injunctions or restraining orders.
        The 2008 Domestic Violence (Amendment) Ordinance expands the scope
    of previous law to cover molestation between married couples and
    heterosexual cohabitants, former spouses or cohabitants, and immediate
    and extended family members. The revised law provides better protection
    for victims under age 18, allowing them to apply for an injunction in
    their own right, with the assistance of an adult guardian, against
    molestation by their parents, siblings, and specified immediate and
    extended family members. The 2008 law also empowers the court to
    require the abuser to attend an antiviolence program. In cases in which
    the abuser caused bodily harm, the court may attach an authorization of
    arrest to an existing injunction, and both injunctions and
    authorizations for arrest can be extended to two years.
        The Government maintained programs that provide intervention and
    counseling to batterers. There were eight integrated family service
    centers and family and child protective services units, which offered
    services to domestic violence victims and batterers. The Government
    also continued its public information campaign to strengthen families
    and combat violence and increased public education on the prevention of
    domestic violence. In March the director of social welfare announced
    that the Government would increase spending on services to victims of
    domestic violence with a HK$5 million ($643,000) grant to the social
    service NGO Po Leung Kuk to provide support to victims.
        The SDO prohibits sexual harassment or discrimination on the basis
    of sex, marital status, and pregnancy. The law applies to both males
    and females. The SDO also provides for the establishment of the EOC to
    work towards the elimination of discrimination and harassment as well
    as to promote equal opportunity between men and women. As of September
    30, the EOC had received 230 new complaints and handled 351 complaints
    (including complaints carried forward from the previous year) under the
    SDO.
        In March EOC commissioner Lam Woon-kwong declared to the media that
    he was concerned about instances of pregnant women being unfairly
    dismissed from their jobs. He indicated there were approximately 150
    such cases a year reported under the SDO, with 170 cases reported in
    2009.
        Couples and individuals had the right to decide the number,
    spacing, and timing of children and had the information and means to do
    so free from discrimination, coercion, and violence. Access to
    information on contraception, skilled attendance at delivery, and
    prenatal and postpartum care were widely available. According to the
    SAR Department of Health, the maternal mortality rate in 2009 was 2.4
    deaths per 100,000 births. Women and men were given equal access to
    diagnostic services and treatment for sexually transmitted infections,
    including HIV.
        As of March 31, women filled 32 to 35 percent of the civil service
    at all ranks. Women made up 66 percent of the LegCo Secretariat
    workforce and 54 percent of the senior ``directorate'' ranks. Twenty-
    two percent of the judges and judicial officers were women, although
    none sat on the bench of the Court of Final Appeal.
        In June the Government raised its gender benchmark for
    participation by women in advisory and statutory bodies from 25 to 30
    percent. However, activists and legislators complained that women
    remained underrepresented, with 40 such bodies having no government-
    appointed female members at all.
        While the law treats men and women equally in terms of property
    rights in divorce settlements and inheritance matters, in practice
    women faced discrimination in employment, salary, welfare, inheritance,
    and promotion. Women reportedly formed the majority of the working poor
    and those who fall outside the protection of labor laws.
        There was a Women's Commission that served as an advisory body for
    policy making, and a number of NGOs were active in raising problems of
    societal attitudes and discrimination against women.

        Children.--All Chinese nationals born in Hong Kong or abroad to
    parents, of whom at least one is a PRC national Hong Kong permanent
    resident, acquire both PRC citizenship and Hong Kong permanent
    residence, the latter of which allows right of abode in the SAR.
    Children born in Hong Kong to non-Chinese parents, at least one of whom
    is a permanent resident, acquire permanent residence and qualify to
    apply for naturalization as PRC citizens. Registration of all such
    statuses was routine.
        From January to June, there were 832 cases of crimes against
    children reported to police: 325 involved physical abuse (referring to
    victims younger than 14 years of age), and 507 involved sexual abuse
    (referring to victims younger than 17 years of age). The Domestic
    Violence Ordinance mandates protection for victims of acts of child
    abuse such as battery, assault, neglect, abandonment, and sexual
    exploitation, and the Government enforced the law. Section 153P of the
    Crimes Ordinance allows for prosecution of certain sexual offenses,
    included those against minors that are committed outside the territory
    of the SAR.
        The Government provided parent education programs, including
    instruction on child abuse prevention, in all 50 of the Department of
    Health's maternal and child health centers. It also provided public
    education programs to raise awareness of child abuse and alert children
    about how to protect themselves. The Social Welfare Department provided
    child psychologists for its clinical psychology units and social
    workers for its family and child protective services units. The police
    maintained a child abuse investigation unit and a child witness support
    program. A law on child-care centers helped prevent unsuitable persons
    from providing child-care services.
        The media reported on a growing number of boys engaged in
    ``compensated dating,'' which was already a concern among minor girls.
    The majority of cases involved teenage girls, both above and below the
    age of consent, who advertised escort services that might include sex,
    either to support themselves or for extra pocket money. Some women and
    girls involved in the trade reported being beaten or abused by clients.
    In response to this trend, police continued monitoring Internet chat
    rooms and Web sites used by both individuals and syndicates to
    advertise services, with officers assigned to gather evidence against
    the operations and determine the techniques used by syndicates to
    recruit the girls.
        In September police arrested 19 adults and minors involved in
    luring teens and others into the sex trade through the Internet, in
    some cases forcing the victims into prostitution.
        The legal age of consent for heterosexuals is 16. Under the Crimes
    Ordinance, a person having ``unlawful sexual intercourse'' with a
    victim under 16 is subject to five years' imprisonment, while having
    unlawful sexual intercourse with a victim under 13 results in
    imprisonment for life.
        The Prevention of Child Pornography Ordinance makes it an
    imprisonable offense to possess, produce, copy, import, or export
    pornography involving a child under 18 years of age, or to publish or
    cause to be published any advertisement that conveys or is likely to be
    understood as conveying the message that any person has published,
    publishes, or intends to publish any child pornography. The penalty for
    creation, publication, or advertisement of child pornography is eight
    years' imprisonment, while possession carries a penalty of five years'
    imprisonment.
        The SAR is a party to the 1980 Hague Convention on the Civil
    Aspects of International Child Abduction. For information on
    international parental child abduction, please see the Department of
    State's annual report on compliance at http://travel.state.gov/
    abduction/resources/congressreport/congressreport--4308.html as well as
    country-specific information at http://travel.state.gov/abduction/
    country/country--3781.html.

        Anti-Semitism.--There were no reports of anti-Semitic acts against
    the small Jewish community during the year.

        Trafficking in Persons.--For information on trafficking in persons,
    please see the Department of State's annual Trafficking in Persons
    Report at www.state.gov/g/tip.

        Persons With Disabilities.--The law prohibits discrimination
    against persons with physical, sensory, intellectual, and mental
    disabilities in employment, access to health care, or the provision of
    other state services, and the Government effectively enforced these
    provisions. The Government effectively implemented laws and programs to
    ensure that persons with disabilities have access to buildings,
    information, and communications.
        The Social Welfare Department, directly or in coordination with
    NGOs and employers, provided a range of services and training to assist
    persons with disabilities in finding work commensurate with their
    abilities. As of March a total of 15,158 persons were participating in
    these various programs.
        As of March the Government employed 3,316 civil servants with
    disabilities, including 17 at the senior directorate grade, in a total
    workforce of 156,573. Persons with disabilities filled 2 percent of
    LegCo Secretariat positions, 1 percent of judicial positions, and 2
    percent of nonjudicial positions in the judiciary.
        Instances of discrimination against persons with disabilities
    persisted in employment, education, and the provision of some public
    services. The Disability Discrimination Ordinance calls for improved
    building access and sanctions against those who discriminate. As of
    September 30, the EOC had received 396 complaints under the ordinance
    and handled 560 cases (including cases carried over from the previous
    year).
        Despite inspections and the occasional closure of noncompliant
    businesses under the Buildings Ordinance, access to public buildings
    (including public schools) and transportation remained a serious
    problem for persons with disabilities.
        On September 9, EOC commissioner Lam Woon-kwong called on the
    Government to lead the way in addressing access for people with
    disabilities. He cited an EOC study of 60 government buildings that he
    contended ``were doing a far from satisfactory job'' in providing
    barrier-free facilities. He specifically cited the lack of access for
    persons with disabilities at 15 percent of polling stations used in the
    LegCo by-election. He also criticized one of Hong Kong's largest owners
    of shopping centers and carparks for failing to address access issues.
        The media, legislators, and activists championed the cause of
    injured worker Lee Shing-leung, who lost his leg in an industrial
    accident in 2007. Because the Government ruled he was only ``60 percent
    disabled,'' Lee did not qualify for a disability allowance. On
    September 20, the High Court ruled against Lee in a judicial review,
    but the judge expressed sympathy for his case and urged greater
    flexibility in the welfare system.

        National/Racial/Ethnic Minorities.--Although 95 percent ethnic
    Chinese, the SAR is a multiethnic society with persons from a number of
    ethnic groups recognized as permanent residents with full rights under
    the law. Discrimination based on race is prohibited by law, and the EOC
    oversees implementation and enforcement of the 2008 Race Discrimination
    Ordinance. The Race Relations Unit, which is subordinate to the
    Constitutional and Mainland Affairs Bureau, served as secretariat to
    the Committee on the Promotion of Racial Harmony and implemented the
    committee's programs. The unit also maintained a hotline for inquiries
    and complaints concerning racial discrimination.
        The Race Discrimination Ordinance and various implementing
    regulations entered into force in July 2009, when the EOC was empowered
    to handle complaints. The code of practice (along with selected other
    EOC materials) was available in Hindi, Thai, Urdu, Nepali, Indonesian,
    and Tagalog in addition to Chinese and English. Between July 2009 (when
    the ordinance entered into force) and September 30, the EOC received 63
    complaints and handled 73 cases.
        The Constitutional and Mainland Affairs Bureau sponsored a cross-
    cultural learning program for non-Chinese speaking youth through grants
    to NGOs.
        The Government had a policy to integrate non-Chinese students into
    the regular education system. The Government also provided a special
    grant for designated schools with a critical mass of non-Chinese
    students to develop their own programs and to share best practices with
    other schools, as well as to develop supplementary curriculum materials
    and to set up the Chinese-language support centers to provide after-
    school programs. However, activists expressed concern that there was no
    formal government-provided course to prepare students for the General
    Certificate for Secondary Education exam in Chinese, a passing grade
    from which is required for most civil service employment.
        Beginning in 2009 the Government provided HK$8 million ($1 million)
    to sponsor NGOs to set up four support service centers that teach
    ethnic minority groups special skills, including English and Cantonese,
    and HK$16 million ($2 million) per year to fund their annual operating
    costs.
        In January the media reported cases of ethnic Pakistanis with Hong
    Kong residency attempting to open personal accounts but faced
    difficulties or refusals from banks on grounds that they were from a
    ``third world'' or ``terrorist'' country. The Hong Kong Monetary
    Authority deputy chief executive declared that the entity had advised
    all banks to review their existing policies and procedures to ensure
    compliance with the Race Discrimination Ordinance.
        In May the media reported that an ethnic minority applicant to the
    police force who, in addition to being able to speak English and three
    South Asian languages, had a A* grade in Chinese in the officially
    recognized British General Certificate of Secondary Education, was
    rejected for inadequate ability in Chinese. In August the media
    reported that parents of an ethnic South Asian student with straight A
    grades in preschool was denied a place at a school after being given
    zero marks in a Chinese assessment. The student, who had been
    instructed in spoken and written Chinese in preschool and scored 85
    percent on a comparable test, was reportedly not asked any Chinese-
    related questions at his entry assessment. The family reported that the
    Education Bureau failed to take action on their complaint and took the
    case to the EOC.
        In June the respected minority-rights advocacy NGO Unison reported
    racist statements and threats of physical violence posted on line and
    in e-mail messages following Unison's support of the family of Dil
    Bahadur Limbu, who was killed during an altercation with police in 2009
    (see section 1.a.). The EOC responded by warning bloggers and Internet
    service providers that they might incur liability under the Race
    Discrimination Ordinance if they allowed the posting of such comments.
    The EOC also requested the names of individuals posting such comments
    or sending hate e-mails. The posts were removed, and the overall case
    was moved to the police for investigation as ``vilification'' under the
    race discrimination ordinance. No conclusion to the investigation had
    been announced by year's end.
        In June the media reported that approximately 30 students and their
    parents filed a complaint with the EOC over restrictions by schools
    regarding varying official uniforms to suit cultural or religious
    customs. Only 17 primary schools that were designated as having a
    majority student population of ethnic minorities routinely allowed such
    variations.
        Activists reported that citizens of South Asian descent faced
    discriminatory treatment and racial profiling from police on patrol,
    including repeated checks of identity documents and the use of
    disparaging terms for South Asians. South Asians carrying large amounts
    of money were on some occasions treated as suspicious and asked to
    explain the source of the money.
        Activists and the Government disputed whether new immigrants from
    the Mainland should be considered as a population of concern under
    antidiscrimination legislation. While concerns have been raised that
    new immigrants do not qualify to receive social welfare benefits until
    they have resided in the SAR for seven years, the courts have upheld
    this legal standard. Such immigrants can apply on a case-specific basis
    for assistance.

        Societal Abuses, Discrimination, and Acts of Violence Based on
    Sexual Orientation and Gender Identity.--There are no laws
    criminalizing same-sex relationships. In 2005 the High Court (Court of
    First Instance) ruled that maintaining an age of consent for male-male
    relations at 21 rather than 16 violated the Bill of Rights Ordinance.
    The Law Reform Commission continued a review of sexual offenses in
    common and statute law. In the interim, enforcement of the law was in
    accordance with the 2005 decision. There are no specific laws governing
    age of consent for female-female relations.
        The SAR does not register or recognize same-sex marriages. In
    October the High Court (Court of First Instance) ruled against a
    transsexual woman who sued the Government to be allowed to marry. The
    woman completed gender-reassignment surgery and changed her identity
    documents to ``female.'' However, since the law does not allow her to
    change her birth certificate, she cannot legally marry her male
    partner. The court ruled that there was insufficient evidence ``to
    demonstrate a shifted societal consensus...regarding marriage to
    encompass a postoperative transsexual...the court must not rush to
    substitute its own judgment in place of that of...the Government or
    legislature of Hong Kong.''
        There were no reports of societal violence or official
    discrimination based on sexual orientation. Laws on domestic violence
    apply to same-sex cohabitant relationships.

        Other Societal Violence or Discrimination.--There were no reports
    of societal violence or discrimination against persons with HIV/AIDS.
    Section 7. Worker Rights

        a. The Right of Association.--The law allows workers to form and
    join independent unions of their choice without previous authorization
    or excessive requirements. The law was effectively applied. Trade
    unions must register under the Trade Unions Ordinance and must have a
    minimum membership of seven persons for registration. At the end of
    2009, there were 812 registered trade unions, consisting of 768
    employee unions, 18 employers' associations, and 26 mixed organizations
    of employees and employers. During the first half of the year, 10 new
    unions were registered and four unions were deregistered upon request.
        Government statistics indicated that, at the end of 2009, there
    were 730,519 salaried employees and wage earners (totaling 22.5 percent
    of the workforce) claiming affiliation with a union.
        The 1997 Employment and Labor Relations (Miscellaneous Amendments)
    Ordinance prohibits the use of union funds for political purposes,
    requires the CE's approval before unions can contribute funds to any
    trade union outside of the SAR, and restricts the appointment of
    persons from outside the enterprise or sector to union executive
    committees.
        Work stoppages and strikes are legal. There are some restrictions
    on this right for civil servants. Although there is no legislative
    prohibition of strikes, in practice most workers had to sign employment
    contracts that typically stated that walking off the job is a breach of
    contract, which could lead to summary dismissal. In addition, there is
    no legal entitlement to reinstatement in the case of unfair dismissal.
    One strike, involving 35 workers, took place during the first half of
    the year.

        b. The Right to Organize and Bargain Collectively.--The law does
    not guarantee the right to collective bargaining. According to an
    International Trade Union Congress report issued during the year,
    although almost 25 percent of the workforce was unionized, unions were
    not strong enough to force management to engage in collective
    bargaining. Thus, less than 1 percent of workers were covered by
    collective agreements, and those that existed were not legally binding.
    The Government did not engage in collective bargaining with civil
    servants' unions, although it consulted relevant employee organizations
    on compensation matters. A 2009 motion supported by union activists in
    LegCo that called on the Government to promote collective bargaining
    and legislate on the right to collective bargaining failed due to
    opposition by the Government and business representatives.
        The Workplace Consultation Promotion Unit in the Labor Department
    facilitated communication, consultation, and voluntary negotiation
    between employers and employees. Tripartite committees for each of the
    nine sectors of the economy included representatives from some trade
    unions, employers, and the Labor Department.
        Antiunion discrimination did not occur in practice. However, there
    is no provision guaranteeing reinstatement of workers dismissed because
    of their trade union membership.
        There are no export processing zones in the SAR.

        c. Prohibition of Forced or Compulsory Labor.--The law prohibits
    forced or compulsory labor. There were concerns that some migrant
    workers were lured to the SAR with false promises of employment but
    then forced into prostitution. There were also concerns that some
    migrant workers faced high levels of indebtedness assumed as part of
    the terms of employment, creating a risk they could fall victim to debt
    bondage. Some Hong Kong-licensed employment agencies are suspected of
    colluding with Indonesian agencies to profit from the debt scheme. Some
    Hong Kong agencies illegally confiscated passports, employment
    contracts, and ATM cards of domestic workers and withheld them until
    their debt had been repaid.
        The SAR's Employment Ordinance mandates one 24-hour period of rest
    within each seven-day period, but there were reports some employers
    compelled domestic workers to work seven days a week. There also were
    reports that some employers illegally forbade domestic workers to leave
    the residence of work for nonwork-related reasons, effectively
    preventing them from reporting exploitation to authorities. SAR
    authorities actively pursued reports of such violations.
        For more information, please see the Department of State's annual
    Trafficking in Persons Report at www.state.gov/g/tip.

        d. Prohibition of Child Labor and Minimum Age for Employment.--
    There are laws to protect children from exploitation in the workplace,
    and the Government effectively enforced these laws. The Employment of
    Children Regulations prohibits employment of children under the age of
    15 in any industrial establishment. The regulations limit work hours in
    the manufacturing sector for persons 15 to 17 years of age to eight
    hours per day and 48 hours per week between 7 a.m. and 7 p.m. They also
    prohibit overtime in industrial establishments with employment in
    dangerous trades for persons less than 18 years of age.
        Children 13 and 14 years of age may work in certain nonindustrial
    establishments, subject to conditions aimed at ensuring a minimum of
    nine years of education and protection of their safety, health, and
    welfare. The Labor Department conducted regular workplace inspections
    to enforce compliance with the regulations. In contrast with 2009, no
    employers were convicted of offenses involving employment of children
    13 to 14 years of age without written parental consent and valid school
    attendance certificates.

        e. Acceptable Conditions of Work.--LegCo passed legislation
    establishing a statutory minimum wage in July, and the initial hourly
    rate was set at HK$28 ($3.60), to be implemented in May 2011. Domestic
    workers of foreign origin have a minimum wage set under separate
    legislation. In April amendments to the Employment Ordinance made it a
    criminal offense, punishable by a maximum fine of HK$350,000 ($45,000)
    and three years' imprisonment, to willfully default on Labor Tribunal
    and Minor Employments Claims Adjudication Board awards. Some employers
    provided workers with various kinds of allowances, meals, medical
    treatment, and subsidized transport. Two-income households were the
    norm. There are no regulations concerning working hours, paid weekly
    rest, rest breaks, or compulsory overtime. Workweeks of up to 60 hours
    and more were not uncommon. In his policy address during the year, the
    CE stated that, having established a minimum wage, the Government would
    begin consultations on maximum working hours. As of year's end, the
    consultations had not begun.
        Unionists alleged that workers were tricked by employers into
    signing contracts that changed their terms of employment to ``self-
    employed,'' and thus they were not entitled to employer-provided
    benefits such as paid leave, sick leave, medical insurance, workers'
    compensation, or Mandatory Provident Fund payments.
        The Occupational Safety and Health Branch of the Labor Department
    is responsible for safety and health promotion, enforcement of safety
    management legislation, and policy formulation and implementation. The
    Factories and Industrial Undertakings Ordinance, the Occupational
    Safety and Health Ordinance, the Boilers and Pressure Vessels
    Ordinance, and their 35 sets of subsidiary regulations regulate safety
    and health conditions. During the first half of the year, the Labor
    Department's Occupational Safety and Health Branch conducted 64,044
    workplace inspections. There were 709 convicted summonses, resulting in
    fines totaling HK$5.3 million ($687,000). In addition to prosecuting
    offenses under the safety legislation, the Labor Department also issued
    improvement notices requiring employers to remedy contraventions of
    safety laws within a specified period and suspension notices directing
    removal of imminent risks to life and limb in workplaces. During the
    first half of the year, 703 improvement notices and 66 suspension
    notices were served.
        Although worker safety and health continued to improve, serious
    problems remained, particularly in the construction industry. In the
    first quarter of the year, the Labor Department reported 9,327
    occupational injuries, including 2,972 classified as industrial
    accidents. In the same period, there were seven fatal industrial
    accidents. Employers are required under the Employee's Compensation
    Ordinance to report any injuries sustained by their employees in work-
    related accidents. There is no specific legal provision allowing
    workers to remove themselves from dangerous work situations without
    jeopardy to continued employment.
        There are no laws restricting work during typhoon or rainstorm
    warning signals except for a Labor Department recommendation that
    employers have only essential staff come to work during certain
    categories of typhoon or rainstorm warnings. Both pro-Beijing and pan-
    democratic unions called for a review of protections for workers during
    inclement weather, including legal protections.
        The minimum wage for foreign domestic workers was HK$3,580 per
    month ($460). The standard workweek was 48 hours, but many domestic
    workers worked much longer hours. The standard contract law requires
    employers to provide foreign domestic workers with housing, worker's
    compensation insurance, travel allowances, and food or a food allowance
    in addition to the minimum wage, which together provided a decent
    standard of living. Foreign domestic workers can be deported if
    dismissed. After leaving one employer, workers have two weeks to secure
    new employment before they must leave the SAR. Activists contended this
    restriction left workers vulnerable to a range of abuses from
    employers. Workers who pursue complaints through legal channels may be
    granted leave to remain; however, they are not able to work, leaving
    them either to live from savings or to depend on charitable assistance.
        Domestic workers were required to live with their employers (who do
    not always provide separate accommodation for the worker), which made
    it difficult to enforce maximum working hours per day or overtime.
        The Government contended that the ``two-week rule'' was necessary
    to maintain effective immigration control and prevent migrant workers
    from overstaying and taking up unauthorized work. Regarding maximum
    hours and rest periods, the Government stated that the Employment
    Ordinance rules on these issues cover local and migrant workers.
    However, in its explanation of why live-in domestic helpers (both local
    and foreign) would not be covered by the statutory minimum wage, the
    Government explained that ``the distinctive working pattern--round-the-
    clock presence, provision of service-on-demand, and the multifarious
    domestic duties expected of live-in domestic workers--makes it
    impossible to ascertain the actual hours worked so as to determine the
    wages to be paid.''
        During the first six months of the year, four employers were
    convicted for labor law mistreatment violations under the Employment
    Ordinance relating to the employment of foreign domestic workers.
    During the first seven months of the year, 97 foreign domestic workers
    filed criminal suits, 42 of which were against employers, for
    maltreatment including rape (one), indecent assault (10), and injury
    and serious assault (31).
                                     ______

                                     macau
        Macau, with a population of approximately 544,600, is a Special
    Administrative Region (SAR) of the People's Republic of China (PRC) and
    enjoys a high degree of autonomy, except in defense and foreign
    affairs, under the SAR's constitution (the Basic Law). Chief Executive
    Fernando Chui Sai-on, who took office in December 2009, headed the
    Government after being elected in July 2009 by a 300-member commission.
    Security forces reported to civilian authorities.
        The following human rights problems were reported: limits on
    citizens' ability to change their government and lack of progress in
    prosecuting cases of trafficking in persons. National security
    legislation, passed in 2009 in accordance with article 23 of the Basic
    Law, remained a source of concern, but by year's end no cases had been
    brought under the 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 arbitrary or
    unlawful killings.

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

        c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
    Punishment.--The law prohibits such practices, and the Government
    generally respected these rights.
        During the first six months of the year, there were 20 complaints
    of police mistreatment; three were referred as criminal cases, two
    resulted in disciplinary proceedings, six were pending investigation,
    and nine were dismissed for lack of evidence or not pursued.

        Prison and Detention Center Conditions.--Prison and detention
    center conditions generally met international standards, and the
    Government permitted monitoring visits by independent human rights
    observers. No such visits were made during the year. Judges and
    prosecutors made monthly visits to prisons to hear complaints from the
    prisoners.
        The SAR has a maximum prison capacity of 1,323 persons; the
    occupancy rate was approximately 71 percent during the year. The age of
    criminal responsibility is 16. The total prison population for persons
    of this age and above for the first half of the year was 136 female and
    784 male inmates. Offenders between the ages of 12 and 16 were subject
    to an ``education regime'' under the Institute of Minors (IM), which
    could include incarceration depending on the offense. Between January
    2009 and June 2010, there were 29 boys and six girls in IM programs, of
    whom 28 boys and six girls were incarcerated. IM programs involved
    educational and vocational training programs, for which the youths
    received normal educational reports (i.e., their participation in an IM
    program was not part of their academic record).

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

        Role of the Police and Security Apparatus.--Civilian authorities
    maintained effective control over the Public Security Police (general
    law enforcement) and Judiciary Police (criminal investigations), and
    the Government has effective mechanisms to investigate and punish abuse
    and corruption. There were no reports of impunity involving the
    security forces during the year.

        Arrest Procedures and Treatment While in Detention.--Persons were
    apprehended openly with warrants based on sufficient evidence and
    issued by a duly authorized official. Detainees were allowed access to
    a lawyer of their choice or, if indigent, to one provided by the
    Government. Detainees also were allowed prompt access to family
    members. Police must present persons in custody to an examining judge
    within 48 hours of detention. The examining judge, who conducts a
    pretrial inquiry in criminal cases, has a wide range of powers to
    collect evidence, order or dismiss indictments, and determine whether
    to release detained persons. The law provides that cases must come to
    trial within six months of an indictment. The criminal procedure code
    mandates that pretrial detention is limited to between six months to
    three years, depending on the charges and progress of the judicial
    system. Judges often refused bail in cases where sentences could exceed
    three years.

        e. Denial of Fair Public Trial.--The law provides for an
    independent judiciary, and the Government generally respected judicial
    independence in practice. The courts may rule on matters that are ``the
    responsibility of the PRC government or concern the relationship
    between the central authorities and the SAR,'' but before making their
    final judgment, which is not subject to appeal, the courts must seek an
    interpretation of relevant provisions from the National People's
    Congress (NPC) Standing Committee. When the Standing Committee makes an
    interpretation of the provisions concerned, the courts, in applying
    those provisions, ``shall follow the interpretation of the Standing
    Committee.''
        Both Portuguese and Chinese are official languages. The need to
    translate laws and judgments into Chinese and Portuguese and a shortage
    of local bilingual lawyers and magistrates hampered the development of
    the legal system. There also was a severe shortage of judges.

        Trial Procedures.--The law provides for the right to a fair trial,
    and an independent judiciary generally enforced this right.
        Defendants enjoy a presumption of innocence and have access to
    government-held evidence relevant to their cases and a right to appeal.
    Trials are public and are by jury except at the magistrate-court level.
    Defendants have the right to be present at their trials and to confront
    witnesses. They also have the right to consult with an attorney in a
    timely manner; public attorneys are provided for those who are
    financially incapable of engaging lawyers or paying expenses of
    proceedings. The law extends these rights to all residents.
        The judiciary provides citizens with a fair and efficient judicial
    process; however, due to an overloaded court system, a period of up to
    a year often passed between filing a civil case and its scheduled
    hearing.

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

        Civil Judicial Procedures and Remedies.--There is an independent
    and impartial judiciary for civil matters, and citizens have access to
    a court to bring lawsuits seeking damages for, or cessation of, a human
    rights violation.

        f. Arbitrary Interference With Privacy, Family, Home, or
    Correspondence.--The law prohibits such actions, and the Government
    generally respected these prohibitions in practice. Activists and a
    local prodemocracy political party complained in the media that they
    were subjected to heightened surveillance during the November visit of
    PRC premier Wen Jiabao, including the police warning some activists not
    to attend certain events. The Public Security Police denied the
    allegations.
    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 on Safeguarding National Security, which entered into force
    in February 2009, criminalizes both committing and ``acts in
    preparation'' to commit, treason, secession, subversion of the PRC
    government, and theft of state secrets. The crimes of treason,
    secession, and subversion specify the use of violence, and the
    Government stated that the law would not infringe on peaceful political
    activism or media freedom.
        Activists and some legislators expressed concern about the
    vagueness of the term ``acts in preparation,'' which they saw as
    possibly criminalizing a broad range of activities. Activists and some
    legislators also were concerned about the use of ``prying into'' to
    define one type of illegally acquiring state secrets and the lack of an
    explicit ``public interest defense'' for journalists publishing
    classified information. In addition, there was concern that the PRC's
    broad definitions of state secrets, as well as its ability
    retroactively to declare formerly unclassified material to be secret,
    would affect enforcement of the law. As of year's end, no one had been
    charged with a crime under the law.
        The independent media were active and expressed a wide variety of
    views without restriction, and international media operated freely.
    Major newspapers were heavily subsidized by the Government and tended
    to closely follow the PRC government's policy on sensitive political
    issues, such as Taiwan; however, they reported freely on the SAR
    government, including reports critical of the Government.

        Internet Freedom.--There were no government restrictions on access
    to the Internet or reports that the Government monitored e-mail or
    Internet chat rooms. Individuals and groups could engage in the
    peaceful expression of views via the Internet, including by e-mail.
    According to the World Internet Project statistics for 2009,
    approximately 70 percent of the SAR's inhabitants used the Internet.
    The SAR reportedly also offered affordable access to broadband
    Internet.
        The Strike against Computer Crime Law, passed in June 2009,
    criminalizes a range of cybercrimes and empowers the police, with a
    court warrant, to order Internet service providers to save and then
    provide a range of data. Some legislators expressed concern that the
    law grants police the authority to take these actions without a court
    order under some circumstances.
        The media reported that several Web sites, among them Facebook,
    YouTube, and Skype, which are blocked on the PRC mainland, were blocked
    on government-provided free WiFi service. The Government denied any
    intention to restrict access, stating that the main problem was
    available bandwidth and pointing out that the ``mobile'' version of
    Facebook was available. Twitter, which is banned on the mainland, also
    was available on the service.

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

        b. Freedom of Peaceful Assembly and Association.--Freedom of
    Assembly.--The law provides for freedom of assembly, and the Government
    generally respected this right in practice. The law requires prior
    notification, but not approval, of demonstrations. In cases in which
    authorities tried to restrict access to public venues for
    demonstrations or other public events, the courts generally ruled on
    the side of the applicants. Police may redirect march routes, and
    organizers had the right to challenge such decisions in court.
        On May 1, protesters representing a range of labor and other
    problems clashed violently with police. Activists ascribed the clash to
    a police ruling that the protesters could not use one of the main
    thoroughfares, claiming the prohibition was made too late for the
    groups to be able to challenge it in court. Marchers chose to use their
    original route, resulting in the conflict. Police used water cannons,
    pepper spray, and batons to disperse the marchers; some protesters
    resisted by using bamboo scaffolding and other materials to attack
    police. A total of 41 persons were reported injured, including 32
    police officers and two journalists.
        Activists reported that more than 500 participants took part in the
    annual candlelight vigil commemorating June 4 (the date of the 1989
    Tiananmen Square massacre), the largest turnout since the 1999 handover
    and an increase over the 300 who attended the 20th anniversary in 2009.
    However, activists were denied access to all but one of the eight
    locations where they had displayed banners regarding the incident in
    previous years. The Civil and Municipal Affairs Bureau declared that it
    sent a letter to event organizers, the Union for the Democratic
    Development of Macau, declaring that four of the venues were ``not
    suitable for banners'' and three had been reserved for other purposes;
    organizers told the media they had not received the letter.
        In September there were media reports that an internal document
    circulating within the Security Bureau proposed limiting protests on
    public order grounds. The topic was widely covered and criticized in
    the media, leading the Security Bureau to issue a statement claiming
    the document was an examination of the existing legal regime (as
    opposed to proposals for new laws) and that the Government respected
    the rights of assembly and demonstration.
        Labor protesters marching on October 1 (PRC National Day) generally
    accepted a police recommendation to alter their routes from one of the
    main thoroughfares, although the marches concluded at Government House
    as originally planned. The marches, involving a total of a few hundred
    participants, occurred without incident.

        Freedom of Association.--The Basic Law and the civil code provide
    for freedom of association. No authorization is required to form an
    association, and the only restriction is that the organization not
    promote violence, crime, or disruption of public order.

        c. Freedom of Religion.--For a complete description of religious
    freedom, please see the 2010 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. Persons denied entry into the SAR have the right to contact
    their consulate or other representative of their country, to have
    assistance with language interpretation, and to consult a lawyer. The
    Immigration Department cooperated with the Office of the UN High
    Commissioner for Refugees in handling refugees.
        The law prohibits forced exile, and the Government generally
    respected the law in practice.
        The Internal Security Law grants police the authority to prevent
    entry and to deport nonresidents who are regarded under the law as
    unwelcome, deemed to constitute a threat to internal security and
    stability, or are suspected of transnational crimes. Legislators and
    activists alleged that police used this law to prevent Hong Kong
    democracy and rights activists from entering the SAR, including when
    the purpose of travel was merely tourism or personal business. Police
    declined to discuss the circumstances of individual cases.
        In August Leung Li, a Hong Kong Democratic Party (DPHK) district
    councilor, was stopped at the border for three hours as officials
    investigated ``problems with his ID card.'' Leung voluntarily returned
    to Hong Kong but told the media he believed the problem was his DPHK
    membership. He noted that he had traveled across the land border
    between Hong Kong and Guangdong several times using the same card
    without incident. Government officials indicated at the time that their
    investigation was continuing but denied that Leung's party affiliation
    was the problem.
        The media reported that on October 1, Nano Yeung Pui-yan, a Hong
    Kong social worker traveling to Macau with her family, was denied
    entry. Officials reportedly questioned her about her political party
    affiliation (none) and told her she had chosen ``the wrong time to
    visit.'' Yeung was instructed to sign a paper indicating she had been
    refused entry under the Internal Security Law.

        Protection of Refugees.--The law provides for the granting of
    asylum or refugee status in accordance with the 1951 Convention
    relating to the Status of Refugees and its 1967 Protocol, and the
    Government has established a system for providing protection to
    refugees. In practice the Government provided protection against the
    expulsion or return of refugees to countries where their lives or
    freedom would be threatened on account of their race, religion,
    nationality, membership in a particular social group, or political
    opinion. Persons granted status enjoyed the same rights as other SAR
    residents, while persons with pending applications were eligible to
    receive government support, including basic needs, medical care, and
    education for children.
    Section 3. Respect for Political Rights: The Right of Citizens to
            Change Their Government
        The law limits citizens' ability to change their government. Only a
    small fraction of citizens play a role in the selection of the chief
    executive (CE). The head of government is chosen by a 300-member
    Election Committee, consisting of 254 members elected from four broad
    societal sectors (which have a limited franchise) and 46 members chosen
    from among the SAR's legislators and representatives to the NPC and
    Chinese People's Political Consultative Congress.

        Elections and Political Participation.--In June 2009, following
    discussions within the sectors and their subordinate units responsible
    for selecting the Election Committee, exactly 254 candidates were
    nominated, thus constituting the committee without an election. By
    virtue of securing 286 of the 300 nominating votes, and thus precluding
    any other candidate from winning the 50 nominations required to stand
    for election, former secretary for social affairs and culture Fernando
    Chui Sai-on ran unopposed for CE. In July 2009 he received 282 votes
    from the Election Committee; he took office in December 2009.
        In September 2009 the SAR also elected parts of its 29-member
    Legislative Assembly. Sixteen electoral ``slates'' representing 123
    candidates (the SAR does not have formal political parties for
    elections, and candidates form ad hoc rosters to contest elections)
    competed for the 12 directly elected seats. The election, open to all
    registered SAR residents, was considered generally free and fair. Ten
    indirectly elected legislators were returned uncontested after internal
    consultation among the four broad sectors that elect these seats. Seven
    seats were filled by CE appointment.
        There are limits on the types of legislation that legislators may
    introduce. The law stipulates that legislators may not initiate
    legislation related to public expenditure, the SAR's political
    structure, or the operation of the Government. Proposed legislation
    related to government policies must receive the CE's written approval
    before it is submitted. The legislature also has no power of
    confirmation over executive or judicial appointments.
        A 10-member Executive Council functions as an unofficial cabinet,
    approving draft legislation before it is presented in the Legislative
    Assembly. The Basic Law stipulates that the CE appoint members of the
    SAR Executive Council from among the principal officials of the
    executive authorities, members of the legislature, and public figures.
        There were no registered political parties; politically active
    groups registered as societies or companies. These groups were active
    in promoting their political agendas, and those critical of the
    Government did not face restrictions. Such groups participated in
    protests over government policies or proposed legislation without
    restriction.
        There were four women in the 29-member Legislative Assembly. Women
    also held a number of senior positions throughout the Government,
    including the Secretary for justice and administration, the second-
    highest official in the SAR government. Fourteen of the SAR's 29 judges
    were women. Women made up more than 41 percent of the senior-level
    executive, 48 percent of the judicial, and 100 percent of the senior
    legislative staff (i.e., not including legislators) work forces. There
    were three members of ethnic minorities in the Legislative Assembly.
    One Executive Council member was from an ethnic minority, as was the
    police commissioner.
    Section 4. Official Corruption and Government Transparency
        The law provides criminal penalties for official corruption;
    however, there were instances of officials engaging in corruption.
        The Commission against Corruption (CCAC) investigated the public
    and private sectors and had the power to arrest and detain suspects.
    Initially chartered only to handle public-sector corruption, in March
    the CACC gained competence over private-sector corruption under the
    Prevention and Suppression of Bribery in the Private Sector Law of
    2009. The Ombudsman Bureau within the CCAC reviewed complaints of
    maladministration or abuse by the CCAC. There was also an independent
    committee outside the CCAC, called the Monitoring Committee on
    Discipline of CCAC Personnel, which accepted and reviewed complaints
    about CCAC personnel.
        By law the CE, his cabinet, judges, members of the Legislative
    Assembly and Executive Council, and executive agency directors are
    required to disclose their financial interests upon appointment,
    promotion, and retirement, and at five-year intervals while in the same
    position.
        The law does not provide for public access to government
    information. However, the executive branch published online, in both
    Portuguese and Chinese, extensive information on laws, regulations,
    ordinances, government policies and procedures, and biographies of
    government officials. The Government also issued a daily press release
    on topics of public concern. The information provided by the
    legislature was less extensive.
    Section 5. Governmental Attitude Regarding International and
            Nongovernmental Investigation of Alleged Violations of Human
            Rights
        A number of domestic and international groups monitoring human
    rights generally operated without government restriction, investigating
    and publishing their findings on human rights cases. Government
    officials often were cooperative and responsive to their views.
        The Government sent delegations to join the PRC delegation at UN
    human rights fora throughout the year. The Government also cooperated
    with diplomatic missions in researching human rights matters.
    Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
        The law stipulates that residents shall be free from discrimination
    based on race, gender, disability, language, or social status, and many
    laws carry specific prohibitions against discrimination; the Government
    effectively enforced the law.

        Women.--The law criminalizes rape, including spousal rape, and the
    Government effectively enforced the law. In the first half of the year,
    there were 12 rape investigations opened by prosecutors, four of which
    had gone to indictment by midyear. The police and courts acted promptly
    on rape cases.
        Although there is not a specific law on domestic violence, laws
    that criminalize the relevant behaviors, including ``ill-treatment of
    minors or spouses,'' were used by the Government effectively to
    prosecute domestic violence. However, various nongovernmental
    organizations (NGOs) and government officials considered domestic
    violence against women to be a growing problem. In the case of spousal
    abuse or violence against minors, the penalty is two to eight years'
    imprisonment; if the abuse leads to the death of the victim, the
    penalty is five to 15 years. In the first half of the year, 189 cases
    of crimes related to domestic violence were reported to police.
        The Government made referrals for victims to receive medical
    treatment, and medical social workers counseled victims and informed
    them of social welfare services. The Government funded NGOs to provide
    victim support services, including housing, until their complaints were
    resolved. The Government also supported two 24-hour hotlines, one for
    counseling and the other for reporting domestic violence cases.
        NGOs and religious groups sponsored programs for victims of
    domestic violence, and the Government supported and helped to fund
    these organizations and programs. The Bureau for Family Action, a
    government organization subordinate to the Department of Family and
    Community of the Social Welfare Institute, helped female victims of
    domestic violence by providing a safe place for them and their children
    and advice regarding legal actions against perpetrators. A range of
    counseling services was available to persons who requested them at
    social centers. Two government-supported religious programs also
    offered rehabilitation programs for female victims of violence.
        There is no law specifically addressing sexual harassment,
    excepting the use of a position of authority to coerce performance of
    physical acts. Harassment in general is prohibited under laws governing
    equal opportunity, employment and labor rights, and labor relations.
    Between January and June, one complaint of gender discrimination was
    filed with the Labor Affairs Bureau but was later withdrawn.
        Couples and individuals had the right to decide the number,
    spacing, and timing of their children and had the information and means
    to do so free from discrimination or coercion. Access to contraception,
    prenatal care, and skilled attendance at delivery and in postpartum
    care were widely available. According to the World Health Organization,
    in 2009 the maternal mortality rate was zero. Women and men were given
    equal access to diagnostic services and treatment for sexually
    transmitted infections, including HIV.
        Equal opportunity legislation mandates that women receive equal pay
    for equal work; however, observers estimated that there was a
    significant difference in salary between men and women, particularly in
    unskilled jobs. The law allows for civil suits, but few women took
    their cases to the Labor Affairs Bureau or other entities.
    Discrimination in hiring practices based on gender or physical ability
    is prohibited by law, and penalties exist for employers who violate
    these guidelines.

        Children.--In accordance with the Basic Law, children of Chinese
    national residents of Macau born in or outside the SAR and children
    born to non-Chinese national permanent residents inside the SAR are
    regarded as permanent residents. There is no differentiation between
    these categories in terms of access to registration of birth. The
    Government protected the rights and welfare of children through the
    general framework of civil and political rights legislation that
    protects all citizens.
        The law specifically provides for criminal punishment for sexual
    abuse of children and students, statutory rape, and procurement
    involving minors. The criminal code sets 14 as the age of sexual
    consent and 16 as the age for participation in the legal sex trade.
    Child pornography is prohibited by law.
        The SAR is a party to the 1980 Hague Convention on the Civil
    Aspects of International Child Abduction. For information on
    international parental child abduction, please see the Department of
    State's annual report on compliance with the convention at http://
    travel.state.gov/abduction/resources/congressreport/congressreport--
    4308.html as well as country-specific information at http://
    travel.state.gov/abduction/country/country--3781.html.

        Anti-Semitism.--The Jewish population was extremely small, and
    there were no reports of anti-Semitic acts.

        Trafficking in Persons.--For information on trafficking in persons,
    please see the Department of State's annual Trafficking in Persons
    Report at www.state.gov/g/tip.

        Persons With Disabilities.--The law prohibits discrimination
    against persons with physical, sensory, intellectual, and mental
    disabilities in employment, education, access to health care, or the
    provision of other state services, and the Government generally
    enforced these provisions in practice. The law mandates access to
    buildings, information, and communications for persons with
    disabilities. The Government enforced the law effectively. The Social
    Welfare Institute was primarily responsible for coordinating and
    funding public assistance programs to persons with disabilities. There
    was a governmental commission to rehabilitate persons with
    disabilities, with part of the commission's scope of work addressing
    employment.

        Societal Abuses, Discrimination, and Acts of Violence Based on
    Sexual Orientation and Gender Identity.--There are no laws
    criminalizing any sexual orientation, and no prohibition against
    lesbian, gay, bisexual, or transgender persons forming organizations or
    associations. There were no reports of violence against persons based
    on their sexual orientation.

        Other Societal Violence or Discrimination.--The law prohibits
    discrimination against persons with HIV/AIDS and limits the number of
    required disclosures of an individual's HIV status. Employees outside
    medical fields are not required to declare their status to employers.
    There were anecdotal reports that persons whose status became known, as
    well as organizations supporting them, faced some forms of
    discrimination. There were no reported incidents of violence against
    persons with HIV/AIDS.
    Section 7. Worker Rights

        a. The Right of Association.--The law, including article 27 of the
    Basic Law, provides for the right of workers to form and join unions or
    ``labor associations'' of their choice without previous authorization
    or excessive requirements, and the Government generally respected this
    right in practice. There is no law specifically defining the status and
    function of labor unions, nor are employers compelled to negotiate with
    them. While there are no legal restrictions preventing companies from
    refusing to hire union workers, union membership is not a legitimate
    basis for dismissal under the Law on Labor Relations.
        Workers in certain professions, such as the security forces, are
    forbidden to form unions, take part in protests, or strike. Such groups
    had organizations that provided welfare and other services to members
    and that could speak to the Government on behalf of their members.
        Under article 27 of the Basic Law, workers have the right to
    strike, but there is no specific protection in the law from retribution
    if workers exercised this right. The Government argued that striking
    employees are protected from retaliation by labor law provisions, which
    require an employer to have ``justified cause'' to dismiss an employee.
    In contrast with 2009, there were no reports that the Government failed
    to enforce these provisions during the year. Strikes, rallies, and
    demonstrations were not permitted in the vicinity of the CE's office,
    the Legislative Assembly, and other key government buildings, although
    in practice some protests occurred near government headquarters.
        Workers who believed they were dismissed unlawfully may bring a
    case to court or lodge a complaint with the Labor Department or the
    Office of the High Commissioner against Corruption and Administrative
    Illegality, which also functions as ombudsman. However, migrant workers
    have no right to such recourse.

        b. The Right to Organize and Bargain Collectively.--The law
    provides that agreements concluded between employers and workers shall
    be valid, but there is no specific statutory protection that provides
    for the right to collective bargaining. In practice companies often
    negotiated with unions, although the Government often acted as an
    intermediary. Pro-PRC unions traditionally have not attempted to engage
    in collective bargaining. Migrant workers and public servants do not
    have the right to bargain collectively.
        The law prohibits antiunion discrimination and employer
    interference in union functions, and the law was enforced in practice.
    However, the Union for Democracy Development Macau expressed concern
    that the law contains no explicit provisions that bar discrimination
    against unions.
        There are no export processing zones.

        c. Prohibition of Forced or Compulsory Labor.--The law prohibits
    forced or compulsory labor, and there were no reports that such
    practices occurred. Also see the Department of State's annual
    Trafficking in Persons Report at www.state.gov/g/tip.

        d. Prohibition of Child Labor and Minimum Age for Employment.--The
    law prohibits minors under the age of 16 from working, although minors
    between the ages of 14 and 16 can be authorized to work on an
    ``exceptional basis.'' Some children reportedly worked in family-
    operated or small businesses. Local laws do not establish specific
    regulations governing the number of hours these children can work, but
    International Labor Organization conventions were applied. The Labor
    Department enforced the law through periodic and targeted inspections,
    and violators were prosecuted.

        e. Acceptable Conditions of Work.--Local labor laws establish the
    general principle of fair wages and mandate compliance with wage
    agreements. There is no mandatory minimum wage, except for government-
    outsourced security guards and cleaners. Average wages provided a
    decent standard of living for a worker and family. The law also sets
    maximum hours, rest days, statutory holidays, and premium pay rules.
    Article 70 of the 2008 Labor Relations Law allows employers to dismiss
    staff ``without just cause'' provided that economic compensation,
    indexed to the employee's length of service, is paid.
        Local customs normally favored employment without the benefit of
    written labor contracts, except in the case of migrant workers, who
    were issued short-term contracts. Labor groups reported that employers
    increasingly used temporary contracts to circumvent obligations to pay
    for workers' benefits, such as pensions, sick leave, and paid holidays.
    The short-term nature of the contracts also made it easier to dismiss
    workers by means of nonrenewal.
        Labor legislation provides for a 48-hour workweek, an eight-hour
    workday, paid overtime, annual leave, and medical and maternity care.
    Although the law provides for a 24-hour rest period each week, workers
    frequently agreed to work overtime to compensate for low wages. The
    Labor Department provided assistance and legal advice to workers upon
    request.
        The Labor Department enforced occupational safety and health
    regulations, and failure to correct infractions could lead to
    prosecution. Although the law includes a requirement that employers
    provide a safe working environment, no explicit provisions protect
    employees' right to continued employment if they refused to work under
    dangerous conditions.
        Local migrant worker associations and the International Labor
    Organization expressed concern about the Law on the Employment of
    Nonresident Workers, which requires foreign workers who left their jobs
    for any cause not held to be ``just,'' to depart the SAR for six
    months. Labor officials stated that the law, meant to deter ``job
    hopping'' by migrant workers, was implemented only if the worker could
    not demonstrate just cause for wishing to terminate the contract
    himself (such as abuse, nonpayment of wages, and contract violation) or
    if the employer dismissed the worker after three days' unauthorized
    absence (in accordance with the labor law). However, the lack of
    coordination between the Labor Affairs Bureau, which handled
    complaints, and the Immigration Department, which granted or withdrew
    permission for migrant workers to remain in the SAR, meant that workers
    filing complaints could be dismissed from their positions, lose their
    immigration status, and be forced to depart prior to the resolution of
    their complaints. While the Government noted that workers under such
    circumstances could apply for special extensions to remain, Labor
    Affairs Bureau director Shun Ka Hung was quoted in the media as stating
    that dissatisfied workers ``can always go back to their homeland to
    find another job.''

                                   __________

                                      FIJI

        Fiji, with a population of approximately 837,000, is a republic
    under a 1997 constitution that provided for a ceremonial president
    selected by the Great Council of Chiefs and an elected prime minister
    and Parliament. However, in April 2009 the interim government headed by
    armed forces commander Commodore Josaia Voreqe (Frank) Bainimarama
    abrogated the constitution, imposed a state of emergency, and continued
    its rule by decree, a situation that remained at year's end. The
    abrogation followed a bloodless coup d'etat in late 2006 in which
    Bainamarama overthrew the elected government and dissolved Parliament.
    In 2007 the interim military government was replaced by a nominally
    civilian interim government headed by Bainimarama as prime minister.
    Public Emergency Regulations (PER) promulgated in April 2009 remained
    in effect at year's end. Security forces did not report to civilian
    authorities.
        The Government denied citizens the right to change their government
    peacefully. The Government dismissed the entire judiciary in 2009 and
    replaced it with its own appointees. In July the Government implemented
    a media decree that continued censorship and intimidation of the media.
    Other continuing human rights problems included police and military
    impunity, poor prison conditions, restrictions on freedom of speech and
    peaceful assembly, prosecution and deportation of regime critics and
    human rights activists, attacks against religious facilities, the
    dismissal of constitutionally appointed government officials,
    government corruption, deep ethnic division, violence and
    discrimination against women, and sexual exploitation of children.
                            respect for human rights
    Section 1. Respect for the Integrity of the Person, Including Freedom
            From:

        a. Arbitrary or Unlawful Deprivation of Life.--There were no
    reports that the Government or its agents committed arbitrary or
    unlawful killings during the year.
        By year's end there had been no investigation of the 2008 death in
    custody of Josefa Baleiloa.
        In February the Court of Appeal upheld a previous High Court
    decision that ordered the military to pay F$45,000 (approximately
    $22,500) in general damages for pain and suffering and F$18,000
    (approximately $9,000) in ``exemplary damages'' to the family of
    convicted criminal Taito Navualaba, who died from a beating by security
    forces in 2000. The court held that since Navualaba had voluntarily
    surrendered to police and soldiers, their assault on him could not be
    justified under emergency powers then in effect, as the Government had
    asserted. However, the military did not pay the damages because in
    April the Government issued a decree extending immunity to the military
    and the national police against criminal charges or civil liability
    suits relating to their role in the 2000 and 2006 coups and the 2009
    abrogation of the constitution (see section 1.d.). The effect of the
    decree was to nullify the legal basis for the lawsuit.

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

        c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
    Punishment.--While the abrogated constitution prohibits such practices,
    the security forces did not always respect this prohibition in
    practice. The PER authorize the Government to use whatever force is
    deemed necessary to enforce PER provisions.
        Throughout the year various persons detained by police accused
    police of beating them to obtain confessions. Lawyers reported to the
    courts cases in which their accused clients allegedly had been beaten
    by police during questioning. For example, in January defense counsel
    for five persons arrested on murder charges earlier that month told the
    High Court that two of their clients were assaulted by police officers
    while in custody.
        By year's end there had been no investigation into allegations that
    security forces beat politician Iliesa Duvuloco and several other men
    detained in April 2009 for distributing political pamphlets critical of
    the Government.

        Prison and Detention Center Conditions.--Prison conditions did not
    meet international standards. The national prison system was seriously
    underfunded and overcrowded, with deteriorating infrastructure and
    complaints about delivery of essential services. The system had
    insufficient beds, inadequate sanitation, and a shortage of basic
    necessities. The pretrial detention facility at Suva's prison remained
    closed due to its substandard condition.
        There were approximately 1,100 inmates in the country's 14 prisons.
    The number of pretrial detainees continued to rise, in part because,
    unlike in previous years, during the year the courts generally refused
    to grant bail. Numbers of pretrial detainees held at various prison
    facilities exceeded capacity. A June 14 report in the Fiji Sun
    newspaper stated that there were 273 pretrial detainees in custody
    around the country, while there was capacity for only 73 in the system.
    According to the report, 83 of the detainees were held in Lautoka
    Prison, which had capacity for only 18; seven in Ba Prison, which had
    capacity for eight; 17 in Labasa Prison, which had capacity for 12; 159
    in Suva's Korovou Prison, which had capacity for 30; and seven in the
    women's prison in Suva, which had capacity for five. During the year
    authorities began to hold pretrial detainees in Naboro Prison as well
    due to the lack of adequate capacity at Korovou Prison.
        In some cases pretrial detainees and convicted prisoners were held
    together.
        Prisoners and detainees were permitted reasonable access to
    visitors, including family members, and religious observance. The
    Prisons Act allows prisoners to submit complaints to judicial
    authorities, but the Government reviews all prisoner letters and has
    the authority to seize them. Authorities did not investigate or
    document in a publicly accessible manner credible allegations of
    inhumane conditions.
        The Government permitted prison monitoring visits by independent
    human rights observers. During the year the International Committee of
    the Red Cross (ICRC) visited official detention facilities and
    interviewed inmates; such visits were permitted without third parties
    present.
        Although the Ombudsman Act authorizes the ombudsman to investigate
    maladministration in government departments, decreases in the staffing
    and budget levels for the Ombudsman's Office since the 2009 coup
    greatly reduced its capacity to carry out its statutory duties, which
    in previous years included investigating allegations of prisoner abuse
    or neglect, overcrowding, and recordkeeping problems.
        Some prison improvements were made during the year. The Prison
    Service began installing new cameras in prisons to improve security. In
    July the prisons commissioner, Brigadier General Iowane Naivalurua,
    carried out an audit of the standard operating procedures of the Prison
    Service to align them with the provisions of the 2006 Prisons and
    Corrections Act, which incorporates international minimum standards for
    prison conditions as the minimum standards for the country's prisons.
        Programs to build skills and generate income for prison inmates
    were augmented during the year. The commissioner established a
    commercial arm of the Prison Service, which ran various farms that sold
    at commercial prices to the public and paid inmates for their labor.
    Male prisoners participated in farming and bakery operations, while the
    one women's prison in Suva had a program for producing handicrafts and
    clothing. As part of rehabilitation efforts, the commissioner
    established a trial creative arts program, including an exhibition of
    prisoners' artwork in November. The commissioner also reached an
    agreement with the Fire Authority for the training of prisoners as
    firefighters as they prepared for release back into society, and
    introduced a so-called ``yellow ribbon'' program, which encouraged the
    public to ease the return of convicted prisoners back into the
    community after their release.
        In January the Government closed Lakeba Prison in Lau Province,
    citing successful efforts to reduce recidivism in Lau as eliminating
    the continued need for that particular facility.

        d. Arbitrary Arrest or Detention.--The abrogated constitution
    prohibits arbitrary arrest and detention, but the Government did not
    always respect this prohibition in practice. The PER authorize security
    forces to detain a person for up to seven days before bringing charges
    and producing the accused in court. Various persons accused of
    breaching the PER and the Public Order Act during the year were held up
    to six days without charge and in some cases were not charged at all.

        Role of the Police and Security Apparatus.--The Ministry of Home
    Affairs, headed by the minister for defense, oversees the Fiji Police
    Force, which is responsible for law enforcement and the maintenance of
    internal security. Historically responsible for external security, the
    Republic of Fiji Military Force (RFMF) has maintained since 2005 that
    it has a broad constitutional responsibility for national security that
    also extends to domestic affairs. Many constitutional scholars in the
    country rejected that assertion. Under the PER soldiers are authorized
    to perform the duties and functions of police and prison officers.
        In September Brigadier General Iowane Naivalurua was appointed
    police commissioner, while also remaining prisons commissioner. Police
    maintained a network of stations and posts throughout the country.
    Policing of more remote and smaller islands was done through regularly
    scheduled visits. However, during the year 10 police posts were closed
    due to budget constraints. There was a joint military and police
    command center based at the Suva Central Police Station. Military
    personnel were assigned to accompany police patrols and jointly staff
    police checkpoints.
        The police Professional Standards Unit is responsible for
    investigating complaints of police misconduct. The Fiji Independent
    Commission against Corruption (FICAC) also continued to investigate
    public agencies and officials, including some members of the police and
    military forces. However, impunity and corruption remained problems.
    The PER provide immunity from prosecution for members of the security
    forces for any deaths or injuries arising from the use of force deemed
    necessary to enforce PER provisions.
        On April 1, the Government promulgated the Limitation of Legal
    Liability Decree for prescribed political events--the third immunity
    decree issued since the 2006 coup. The decree extends immunity to the
    military and the national police against criminal charges or civil
    liability lawsuits relating to their roles in the 2000 and 2006
    seizures of power and the 2009 abrogation of the constitution. The
    decree grants absolute, unconditional, and irrevocable immunity to
    Bainimarama, former president Ratu Josefa Iloilo, former caretaker
    prime minister Jona Senilagakali, and members of the military and
    police forces (excluding, however, the anti-Bainimarama armed forces
    mutineers who supported the 2000 storming of Parliament). The decree
    nullifies the grounds for lawsuits against the regime by victims of
    security force violence and by the families of persons allegedly
    beaten--in some cases to death--while in military custody.

        Arrest Procedures and Treatment While in Detention.--By law police
    officers may arrest persons without a warrant for violations of the
    2010 Crimes Decree, promulgated in February, which replaced the
    preexisting Penal Code. Police also arrest persons in response to
    warrants issued by magistrates and judges. Under the constitution
    arrested persons must be brought before a court without ``undue
    delay,'' normally interpreted to mean within 24 hours, with 48 hours as
    the exception. Detainees have the right to a judicial review of the
    grounds for their arrest. However, these rights were not always
    observed by the police and military after the constitution was
    abrogated. The PER permit the Government to detain for up to seven days
    without charge persons suspected of violating PER provisions.
        The Bail Act gives accused persons the right to bail, unless it is
    not in the interests of justice that bail be granted. There is a
    presumption in favor of granting bail; however, this may be rebutted by
    the prosecution if it objects to bail, and in cases where the accused
    has been convicted and is appealing or has previously breached bail
    conditions. Both police and the courts can grant bail; however, during
    the year police refused to grant bail to persons charged with drunk
    driving. During the year the courts made it more difficult for accused
    persons to apply for bail, requiring this to be by motion and affidavit
    that required the services of a lawyer. During the year the number of
    prisoners remanded approximately doubled compared with 2009 because of
    a pattern of refusal of bail by the courts. Detainees generally were
    allowed prompt access to counsel and family members, but some
    journalists and others detained for short periods after criticizing the
    Government were denied prompt access to a lawyer.
        On March 8, High Court Judge Priyantha Fernando issued a second
    court order to police to allow Saimoni Rokotunidau access to his
    lawyer. Rokotunidau was recruited into the police force in 2008; at the
    time he was a pastor of the New Methodist Church who preached to police
    and their families during the former police commissioner's ``Jesus
    Crusade.'' However, he subsequently used a police vehicle to carry out
    a bank robbery and was dismissed from the police in March when he was
    arrested for the offense. In April he was convicted of robbery with
    violence and sentenced to 12 years' imprisonment. Police had ignored an
    earlier court order for Rokotunidau to access his lawyer in private.
    Justice Fernando also ordered the prosecution to ascertain why
    Rokotunidau's family was not allowed to visit him in detention.
        The Legal Aid Commission provided counsel to some indigent
    defendants in criminal cases, a service supplemented by voluntary
    services from private attorneys. However, there were delays in the
    provision of legal aid to some accused persons who requested
    assistance, due to lack of adequate legal aid staff and resources.
        On June 22, businessman Viliame Gavoka and Pastor Laione
    Lutunacevamaca were charged with one count each of malicious acts
    allegedly causing public alarm by spreading rumors of a tsunami
    prophecy. It was alleged that between March 8 and June 16 in Nadi,
    Lutunacevamaca sent out an e-mail stating that the country would be
    struck by a disaster on June 23. Gavoka was charged for circulating the
    e-mail. On December 13, defense lawyers applied for the charges to be
    reconsidered, and the court adjourned the case for a further hearing in
    February 2011.
        The courts had a significant backlog of cases, worsened by the
    Government's April 2009 dismissal of the existing judiciary. Processing
    was slowed by, among other things, a shortage of prosecutors and
    judges. As a result some defendants faced lengthy pretrial detention.

        e. Denial of Fair Public Trial.--The law provides for an
    independent judiciary, but during the year the Government interfered
    with judicial independence in practice.
        The Administration of Justice Decree of April 2009, which
    reestablished the courts, prohibits all tiers of the judiciary from
    considering cases relating to the 2006 coup; all acts of the interim
    government between December 4, 2006 and April 9, 2009; the abrogation
    of the constitution on April 10, 2009; and all government decrees since
    December 2006. The military-appointed chief registrar issued
    termination certificates for all such pending cases. Women's
    nongovernmental organizations (NGOs) asserted that some new magistrates
    made inappropriate comments and exercised poor judgment in domestic
    violence and sexual assault cases and that, because of media censorship
    under the PER, the public was not informed about this conduct.
        After the constitution was abrogated, the chief registrar also
    assumed responsibility for prosecuting lawyers for disciplinary
    breaches before a government-appointed judge. Civil-society
    organizations criticized these additional duties as infringing on the
    independence of the judiciary.
        A February amendment to the Administration of Justice Decree
    removed the courts' jurisdiction to hear challenges to decisions by the
    Government on judicial restructuring, terms and conditions of
    remuneration for the judiciary, and terminated court cases. Similar
    clauses limiting the jurisdiction of the courts on decisions made by
    the cabinet, ministers, or government departments were included in
    various decrees issued throughout the year.
        The Government continued to prohibit an International Bar
    Association delegation from visiting the country to evaluate the
    independence of the judiciary. The Government also reiterated its
    refusal to allow the UN special rapporteur on the independence of
    judges to visit the country for the same purpose.

        Trial Procedures.--Procedures enabling a fair trial are enumerated
    in the Criminal Procedure Decree, the prosecuting manual of the
    Prosecutor's Office, the High Court Act, and the Magistrates' Court
    Act, and were implemented by the courts in accordance with legal
    precedent. The Government's judicial appointments included judges from
    other British Commonwealth countries familiar with Commonwealth legal
    traditions. In most cases defendants have the right to a public trial,
    and the court system generally enforced this right in practice during
    the year; however, the PER permit trials for violations of PER
    provisions to be held in camera.
        The Legal Aid Commission, supplemented by voluntary services of
    private attorneys, provided free counsel to some indigent defendants in
    criminal cases. Most cases were heard in the magistrates' courts. The
    Crimes Decree defines which offenses may be tried in the magistrate'
    courts and which must be tried in the High Court. Serious offenses,
    including murder, rape, trafficking in persons, bribery, treason,
    sedition, and mutiny, can only be heard in the High Court. Trials in
    the High Court provide for the presence of assessors, typically three,
    who are similar to jurors but only advise the presiding judge.
    Defendants enjoy a presumption of innocence and may question witnesses,
    present evidence on their own behalf, and access government-held
    evidence relevant to their cases. The right of appeal exists but often
    was hampered by delays in the process. The law extends these rights to
    all citizens.
        The military court system provides for the same basic rights as the
    civilian court system, although bail is granted less frequently in the
    military system and courts martial are seldom public.

        Political Prisoners and Detainees.--There were no reports of
    political prisoners or long-term political detainees. Police detained
    for short periods and questioned a number of journalists and others
    critical of the Government.

        Civil Judicial Procedures and Remedies.--Although the law provides
    for an independent and impartial judiciary in civil matters, the
    judiciary is prohibited by decree from considering lawsuits relating to
    the 2006 coup, subsequent actions by the interim government, the
    abrogation of the constitution, and subsequent military decrees. In the
    event of a human rights violation, under the constitution an individual
    also could complain to the Fiji Human Rights Commission (FHRC).
    Although the Government decreed that the FHRC could continue to exist
    following the constitution's abrogation, under a May 2009 decree it is
    prohibited from investigating cases filed by individuals and
    organizations relating to the 2006 coup and the 2009 abrogation of the
    constitution.

        f. Arbitrary Interference With Privacy, Family, Home, or
    Correspondence.--The abrogated constitution prohibits such actions, but
    the Government frequently ignored these prohibitions in practice. The
    PER permit military personnel to search persons and premises without a
    warrant from a court, and to take photographs, fingerprints, and
    measurements of any person. Police and military officers also may enter
    private premises to break up any meeting considered unlawful.
    Section 2. Respect for Civil Liberties, Including:

        a. Freedom of Speech and Press.--The abrogated constitution
    provides for freedom of speech and of the press, but the Government
    generally did not respect these rights in practice. The PER give the
    Government the power to detain persons on suspicion of ``endangering
    public safety or the preservation of the peace''; the Government has
    used this provision to intimidate and in some cases detain persons who
    criticized the Government. In addition, the PER and a media decree
    issued in June provide for government censorship of the media.
        In January the Government issued a decree stopping government
    pension payments to persons who criticized the 2006 coup and the
    Government. Among those whose pensions were cancelled were former
    cabinet members in the Government of former prime minister Laisenia
    Qarase, former prime minister and former coup leader Sitiveni Rabuka,
    and senior civil servants. (Qarase's pension has been withheld since
    December 2006.) In May the Government reversed itself and announced it
    was repealing the decree. It resumed pension payments to all those
    affected except Qarase, but it did not provide retroactive payments for
    the January-May period.
        The new Crimes Decree promulgated in February includes criticism of
    the Government in its definition of the crime of sedition. This
    includes statements made in other countries by any person, who can be
    prosecuted on return to Fiji.
        Using the PER, police detained and arrested individuals during the
    year for comments deemed a threat to national security. On March 5,
    security forces detained former politician Peceli Rinakama for comments
    he reportedly made to a passing bystander relating to the conviction of
    eight persons charged with conspiring to assassinate Bainimarama.
    Rinakama was released on March 11. He was charged under the Public
    Order Act with uttering words calculated to bring death or physical
    injury to a person or injury to the lawful authority of the Government.
    At year's end the case had not yet come to trial.
        The Government published fortnightly supplements called New Dawn
    and Fiji in Focus in the Fiji Sun newspaper, and all its advertising
    was printed exclusively in the Fiji Sun until October, when the Fiji
    Times newspaper--disfavored by the Government--was sold and purchased
    by a local company that changed its editorial policy. The Government
    retained a shareholding of less than 20 percent in the Daily Post
    newspaper until the paper ceased to publish in 2009 due to poor sales.
    The country's television news program production was owned and operated
    by Fiji One, one of two national noncable television stations. A
    company whose board is appointed by the Ministry of Indigenous Affairs
    on behalf of the provincial councils owned 51 percent of Fiji One; the
    remainder was privately held. The Government owned the Fiji
    Broadcasting Corporation, which operated six radio stations. The
    Government guaranteed a loan for the Fiji Broadcasting Corporation to
    set up a television station. The Ministry of Information's Fiji Today
    program was broadcast twice daily on the private television station
    MaiTV.
        During the year the Government harassed, intimidated, and in some
    cases detained for questioning a number of journalists in response to
    reporting critical of the Government. Television journalist Rachna
    Nath, who reported the October arrest of former prime minister Mahendra
    Chaudhry (see section 2.b.), was questioned by police for allegedly
    inciting public anger in violation of the PER.
        The PER authorize the Ministry of Information, military media cell
    officers, and police to vet all news stories before publication,
    resulting in the removal of all stories the Government deemed
    ``negative'' and ``inciteful,'' and therefore, according to the
    Government, a threat to national security. All radio stations were
    required to submit their news scripts to the permanent secretary for
    information, a military appointee, before each news bulletin was
    broadcast, and the print and television media were censored on a daily
    basis by Ministry of Information and military media cell officers,
    accompanied by police officers, who were placed in media newsrooms.
        In March police announced an investigation of the Viti FM radio
    station after the station broadcast a talkback show on same-sex
    marriages following the promulgation of the new Crimes Decree. Also in
    March, two senior news editors at Fiji TV were transferred to other
    departments after the Government alleged antigovernment bias on their
    part.
        On June 25, the Government promulgated a new media decree, which
    penalizes the media for ``irresponsible reporting.'' The decree, which
    supersedes previous laws regarding the media, defines media
    organizations as excluding Internet and telecommunications service
    providers and production houses engaged in production of advertisements
    or other audiovisual materials. The decree requires that the directors
    and 90 percent of the shareholders of locally based media be citizens
    of, and permanently residing in, the country and obliges foreign-owned
    media to sell their shares in media organizations operating in the
    country. Under the decree, reporting may not include information that
    threatens public order or the national interest, creates communal
    discord, or offends public decency. The decree establishes a new Fiji
    Media Industry Development Authority to enforce these provisions. The
    authority has the power to investigate journalists and media outlets
    for alleged violations of the decree, including powers of search and
    seizure of equipment.
        The decree also establishes a media tribunal to decide complaints
    referred by the authority, with the power to impose jail terms of up to
    two years and fines of up to F$ 1000 (approximately $ 500) for
    journalists, F$ 25,000 ($12,500) for publishers and editors, and F$
    100,000 ($ 50,000) for media organizations. The tribunal is not bound
    by formal rules of evidence.
        The decree strips the judiciary of power to challenge the decree
    itself or any proceedings or findings of the Media Authority, the
    proposed tribunal, or the information minister.
        Although in April the Government indicated that it would continue
    to renew the PER only until the media decree was promulgated, at year's
    end the PER had not been repealed and remained in force.
        In September, as a result of the local ownership requirements of
    the Media Decree, Australian company News Limited was forced to sell
    the Fiji Times, the country's oldest newspaper and traditionally a
    government critic. As a result of a change in the Times's editorial
    policy following the sale, the editor and his deputy were obliged to
    resign.
        The Media Council, a voluntary private watchdog group of media and
    academic figures, receives and seeks to resolve complaints of bias and
    malfeasance within the media. However, the continuous extension of the
    PER and the promulgation of the Media Decree ensured government control
    over media content through censors.
        In November 2009 the Government revoked all broadcasting licenses,
    ostensibly to allow a review of signal bands. Television and radio
    stations were issued temporary licenses pending completion of the
    review, which was still in progress at year's end.

        Internet Freedom.--There were no government restrictions on general
    public access to the Internet, but evidence suggested that the
    Government monitored private e-mails of citizens.
        The International Telecommunication Union reported that
    approximately 12 percent of the country's inhabitants used the Internet
    in 2009. The Internet was widely available and used in and around urban
    centers, and the majority of the population lived in areas with
    Internet coverage. However, low-income persons generally could not
    afford individual service, and other public access was very limited.
    Access outside urban areas was minimal or nonexistent.
        The Government monitored Internet traffic in an attempt to control
    antigovernment reports by anonymous bloggers. In January the Prime
    Minister's Office directed the Suva City Council to suspend 20
    employees accused of antigovernment blogging activities. In February
    the council terminated the contracts of 12 of the suspended employees
    for alleged antigovernment activity. Although the Government did not
    cite a specific legal authority for the directive, it has the power
    under the Local Government Act to give directions to municipal councils
    under certain circumstances.
        From July 1-2, police detained and questioned Richard Naidu, news
    editor of the online news Web site FijiLive, after the site reported
    that then police commissioner Esala Teleni had been suspended from his
    position. The Web site also was closed down for several hours. Naidu
    was not charged, nor was he compensated for the detention. (Teleni
    resigned his position in September.)
        In July the Government promulgated a decree requiring all telephone
    users to register their personal details with telephone and Internet
    providers, including their name, birth date, home address, and
    photographic identification. The decree imposes fines of up to
    F$100,000 (approximately $50,000) on providers who continue to provide
    services to unregistered users and up to F$10,000 (approximately
    $5,000) on users who do not update their registration information as
    required under the decree. Vodafone, one of two mobile telephone
    providers, went beyond the decree requirements and required users to
    register their nationality, postal address, employment details, and
    both thumbprints.

        Academic Freedom and Cultural Events.--Academic freedom was
    generally respected; however, government work-permit stipulations
    prohibit foreigners from participating in domestic politics. University
    of the South Pacific contract regulations effectively restrict most
    university employees from running for or holding public office or
    holding an official position with any political party.

        b. Freedom of Peaceful Assembly and Association.--Freedom of
    Assembly.--The abrogated constitution provides for freedom of assembly,
    but since the 2006 coup, the Government has interfered with this right
    in practice. The PER allow the Government to refuse applications for
    permits for marches and meetings sought by antigovernment political
    parties and NGOs, and to regulate--including by use of such force as
    deemed necessary--the use of any public place by three or more persons.
    Under the PER police and military officers also may enter any public or
    private premises to break up any meeting or assembly deemed unlawful.
    Although some civic organizations were granted permits to assemble,
    permits for all political demonstrations and marches were denied. The
    Government also refused a permit for the Methodist Church, which
    historically has been associated with ethnic Fijian nationalism, to
    hold its annual three-day conference during the year and for its 52
    divisions to hold their quarterly meetings. In December the Government
    notified the church that its divisions could resume holding quarterly
    meetings and that it would be permitted to hold an annual conference in
    2011, but restricted to one day in length.
        On January 17, police halted a stress management meeting of the
    Fiji Human Resources Institute for being held without a valid permit.
    On May 5, police halted the general meeting of the Van and Carrier
    Association on the same grounds; its executives were questioned but
    were released without charge.
        On October 1, police detained former prime minister Mahendra
    Chaudhry and five associates for allegedly holding a ``political
    meeting'' without a permit in breach of the PER. On October 4, a
    magistrate granted them release on bail. Chaudhry applied for the
    recusal of the judge appointed to hear the case and for the appointment
    of a foreign-national judge; in November the High Court refused both
    requests. At year's end Chaudhry and his associates remained free on
    bail and their case was scheduled to be heard in 2011.
        On December 9, one day before a scheduled Human Rights Day march by
    the Fiji NGO Coalition for Human Rights, the Government canceled the
    march permit, citing concern that the demonstrators could become
    unruly.

        Freedom of Association.--The abrogated constitution provided for
    freedom of association. Since the constitution's abrogation, no decree
    provides for this right. During the year the Government did not
    restrict persons from joining NGOs, professional associations, or other
    private organizations, but some were not permitted to hold meetings
    with their members. In July members of the civil service were
    prohibited from joining a training program run by Leadership Fiji, a
    prominent NGO, and from giving a talk to any training program run by
    Leadership Fiji, ostensibly because a former judge whose appointment
    was terminated by the Government following the abrogation of the
    constitution was invited by the NGO to speak at the training program.

        c. Freedom of Religion.--For a complete description of religious
    freedom, please see the 2010 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 abrogated constitution provides
    for freedom of movement within the country, foreign travel, emigration,
    and repatriation, but the Government frequently restricted or denied
    these rights in practice. The PER authorize the Government to prohibit,
    restrict, or regulate movement of persons.
        The Government maintained a list of persons banned from leaving the
    country, including human rights activists and lawyers. Names on the
    list were not made public; would-be travelers discovered their
    inclusion when they were turned back by airport immigration
    authorities.
        The Government continued to limit the travel of government critics
    and deport noncitizen critics. Former prime minister Laisenia Qarase,
    who was charged in 2008 with abuse of office, continued to be subject
    to strict bail conditions prohibiting him from traveling out of the
    country, on the grounds that such travel would pose a ``threat to
    national security.'' At year's end the case remained pending.
        Until September the ability of lawyer and regime critic Imrana
    Jalal to travel out of the country was limited after she was charged on
    January 1 with offenses relating to a business operated by her husband.
    In September the travel restrictions were lifted after a High Court
    judge stayed all charges against her (see section 4). Jalal
    subsequently left the country.
        In January Fijian-born foreign citizen Padma Lal, wife of Fijian-
    born foreign citizen and regime critic Brij Lal, who was deported in
    November 2009, was refused entry into Fiji and deported.
        The Government provided nominal cooperation with the Office of the
    UN High Commissioner for Refugees and other humanitarian organizations
    in providing protection and assistance to internally displaced persons,
    refugees, returning refugees, asylum seekers, stateless persons, and
    other persons of concern.
        The law prohibits forced exile, and the Government did not use it
    during the year.

        Protection of Refugees.--In 2008 the Government published a notice
    authorizing the entry into force of refugee-related provisions of the
    2003 Immigration Act. However, by year's end the Government had not
    established a system for providing protection to refugees. The
    Government does not have an established procedure for providing
    protection against the expulsion or return of refugees to countries
    where their lives or freedom would be threatened on account of their
    race, religion, nationality, membership in a particular social group,
    or political opinion, but no such cases were known to have arisen
    during the year.
    Section 3. Respect for Political Rights: The Right of Citizens to
            Change Their Government
        Although the abrogated constitution provides citizens the right to
    change their government peacefully, citizens did not have this right in
    practice. The country continued to be ruled by a military-dominated
    government following the 2006 military overthrow of the popularly
    elected government, and at year's end Parliament, the 12 elected
    municipal councils, and the Great Council of Chiefs remained suspended.
    The office of the vice president, vacant since August 2009, remained
    unfilled.

        Elections and Political Participation.--The most recent elections,
    held in 2006, were judged generally free and fair. Party politics was
    largely race based, although this did not limit participation in the
    political process. The governing Soqosoqo Duavata ni Lewenivanua (SDL)
    party was primarily ethnic Fijian, and the Fiji Labour Party (FLP), the
    second-largest party, was primarily Indo-Fijian, although both had
    membership across racial lines. After the elections the SDL established
    a multiparty cabinet with the FLP as required by the constitution. This
    government was removed by the RFMF under Bainimarama's leadership
    during the 2006 coup.
        In April 2009, when the Court of Appeal ruled that the coup and the
    appointment of Bainimarama's government were unlawful, Bainimarama
    resigned the position of prime minister; the president reappointed him
    the next day after abrogating the constitution. At year's end the PER
    continued in force, and the Government continued to rule by decree.
    Bainimarama has declared that political reforms are necessary before
    elections can resume and repeatedly postponed national elections. The
    Government had stated that elections (previously promised for 2009)
    would be held in 2014. In July, however, Bainimarama announced that
    elections could be delayed beyond 2014 because of continued opposition
    to his government's reform program. He stated that persons around the
    country had implored him to cancel the elections.
        There was one woman in the 11-member cabinet. Women played
    important roles in the traditional system of chiefs and some were
    chiefs in their own right. The Government's suspension of the Great
    Council of Chiefs removed one forum where women exercised political
    influence.
        At year's end there were two Indo-Fijian ministers in the cabinet
    and no other minority ministers. Indo-Fijians, who accounted for 37
    percent of the population, continued to be underrepresented at senior
    levels of the civil service and greatly so in the military. Indo-
    Fijians comprised approximately 35 percent of the civil service
    overall. The ``disciplined services''--the military, police, and prison
    services--were predominantly ethnic Fijian.
    Section 4. Official Corruption and Government Transparency
        The law provides criminal penalties for official corruption;
    however, corruption, including within the civil service, has been a
    significant problem for post-independence governments, and officials
    frequently engaged in corrupt practices with impunity.
        Despite measures by the Government during the year to combat
    corruption within the bureaucracy, systemic corruption continued. In
    the absence of parliamentary oversight and other checks and balances,
    much government decision making was not transparent. The media
    published articles on the reports and conclusions of the Government-
    appointed Public Accounts Committee and reports of FICAC investigations
    on abuse of office, but the Government censored independent media
    reporting on some government corruption. In 2008 the auditor general
    announced that in the absence of a sitting Parliament, audit reports
    would be submitted to the cabinet and would not be made public. This
    practice continued during the year. The cabinet referred such reports
    to the Public Accounts Committee for review.
        Public officials are not subject to financial disclosure laws.
    FICAC is the primary body responsible for combating government
    corruption.
        In December 2009 FICAC charged Ratu Sakiusa Tuisolia, a critic of
    the Government and the husband of human rights lawyer Imrana Jalal,
    with offenses related to operation of a restaurant without a business
    license, normally a misdemeanor adjudicated by municipal authorities
    with a F$20 (approximately ($10) fine. Jalal was charged with the same
    offenses on January 1. Tuisolia and Jalal maintained that businesses in
    Suva typically operated while waiting for license issuance, and that
    the FICAC charges were politically motivated. In July the High Court
    issued a stay order on all seven charges against Jalal; a prosecution
    appeal of the order was pending at year's end. On October 6, Tuisolia
    was tried on charges relating to alleged abuse of the company credit
    card of Airports Fiji, of which he was chief executive officer from
    2003-06. He was acquitted on those charges. The charges relating to his
    business license were still pending at year's end.
        The corruption case of former prime minister Qarase remained
    pending at year's end, and Qarase remained free under strict bail
    conditions.
        Although the abrogated constitution instructed Parliament to enact
    a freedom of information law as soon as practicable, no such law has
    been enacted. The Government was frequently unresponsive to public
    requests for government information. A 2008 amendment to the FICAC
    decree allows FICAC to prosecute the offense of ``misconduct in public
    office.'' The amendment gives FICAC authority to prosecute civil
    servants who divulge confidential government information to others
    without authorization.
    Section 5. Governmental Attitude Regarding International and
            Nongovernmental Investigation of Alleged Violations of Human
            Rights
        The Government continued to scrutinize the operations of local and
    international NGOs, engendering a climate of uncertainty within the NGO
    community. Most NGOs practiced varying degrees of self-censorship.
    Government officials were only cooperative and responsive to the views
    of NGOs that avoided criticizing the 2006 coup and the Government.
        There were several NGOs that concentrated on a variety of local
    human rights causes, such as the Citizens' Constitutional Forum, the
    Fiji Women's Rights Movement, and the Fiji Women's Crisis Center.
        On January 4, the military's land force commander issued a warning
    to NGOs and critics to cooperate with the Government. In February the
    military commander and prime minister warned two prominent NGO
    activists, Virisila Buadromo of the Fiji Women's Rights Movement and
    Reverend Akuila Yabaki of the Citizens Constitutional Forum, against
    making statements on the independence of the judiciary. The two had
    reported on the subject to the UN universal periodic review of the
    country's human rights situation.
        NGOs were constrained in their operations by the February Crimes
    Decree, which includes in the definition of sedition criticism of the
    Government, and the June Media Decree, which requires all publications
    to be vetted by the Ministry of Information (see section 2.a.). NGOs
    may apply to the attorney general for exemptions to this requirement,
    but prominent NGOs confirmed that processing of their applications for
    such exemptions remained pending at year's end. Although the FHRC was
    reestablished by decree after the abrogation of the constitution, it
    was not authorized to investigate complaints against the abrogation,
    other actions of the Government, or the 2006 coup.
        The ICRC continued to operate in the country. A number of UN
    organizations concerned with human rights had regional offices in the
    country and sought to work with the Government on various human rights
    issues.
        The country remained suspended from the Commonwealth of Nations and
    the major regional organization Pacific Islands Forum (PIF), in
    response to Bainimarama's failure to address expectations ``to return
    Fiji to democratic governance in an acceptable time-frame,'' in
    addition to other concerns, including human rights violations,
    expressed in statements by the PIF and the Commonwealth.
    Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
        The constitution prohibits discrimination based on race, sex, place
    of origin, ethnicity, sexual orientation, color, primary language,
    economic status, age, or disability. The Government generally enforced
    these provisions effectively, although there were problems in some
    areas. After the constitution's abrogation, only the 2007 Employment
    Relations Promulgation (ERP), which came into force in 2008, had
    similar provisions, but these are limited to workers and industrial
    relations matters.

        Women.--Rape, domestic abuse, incest, and indecent assault were
    significant problems. The Crimes Decree provides for a maximum
    punishment of life imprisonment for rape; however, prior to the
    promulgation of the Crimes Decree in February, most rapes were
    prosecuted in the magistrates' courts, which have a sentencing limit of
    10 years. There were inconsistencies in the sentences imposed for rape
    by different magistrates; sentences generally ranged from one to six
    years' imprisonment. The Domestic Violence Decree, which also came into
    force in February, recognizes spousal rape as a specific offense. The
    NGOs Fiji Women's Rights Movement and Fiji Women's Crisis Center
    pressed for more consistent and severe punishments for rape.
        The Domestic Violence Decree created a specific domestic violence
    offense. Police claimed to practice a ``no-drop'' policy, under which
    they pursued investigations of domestic violence cases even if a victim
    later withdrew her accusation. However, women's organizations reported
    that police were not always consistent in their observance of this
    policy. Courts dismissed some cases of domestic abuse and incest or
    gave the perpetrators light sentences. Incest was widely believed to be
    underreported. Traditional and religious practices of reconciliation
    between aggrieved parties in both ethnic Fijian and Indo-Fijian
    communities were sometimes taken into account to mitigate sentences in
    domestic violence cases, and in many cases offenders were released
    without a conviction on the condition they maintain good behavior,
    rather than jailed. An active women's rights movement sought to raise
    public awareness of domestic violence.
        Four women's crisis centers funded by foreign governments operated
    in the country. The centers offered counseling and assistance to women
    in cases of domestic violence, rape, and other problems, such as lack
    of child support.
        Sex tourism is prohibited by law but reportedly occurred,
    particularly in tourist centers such as Nadi and Savusavu, including
    cases involving children. Taxi drivers, hoteliers, bar workers, and
    others reportedly acted as middlemen, facilitating the commercial
    sexual exploitation of children.
        The Human Rights Commission Act specifically prohibits sexual
    harassment, and criminal laws against ``indecent assaults on females''
    prohibit offending the modesty of women and have been used to prosecute
    sexual harassment cases. Under the ERP sexual harassment in the
    workplace is a specific ground of complaint that can be filed by
    workers. The Ministry of Labor reported that one sexual harassment
    complaint filed with the Employment Relations Tribunal (ERT) under the
    ERP in a prior year was withdrawn during the year. Two other sexual
    harassment complaints were filed during the year and were pending
    before the ERT at year's end.
        In response to various complaints in 2009 from some indigenous
    village provincial councils about a purported breakdown of order in
    villages, during the year the Ministry of Indigenous Affairs drafted a
    model village by-law addressing issues raised by the councils,
    including women's dress. The draft model by-law included a prohibition
    on wearing of shorts, T-shirts, and long hair by women. The ministry
    distributed the draft to villages around the country for further
    discussion. However, some of the 1,170 registered indigenous village
    communities used the draft as an ostensibly legal basis for enforcing a
    customary dress code on women, including in some villages a requirement
    that women and girls wear ankle-length skirts. In some villages this
    resulted in cases of assaults by village headmen of young girls found
    wearing shorts.
        Couples and individuals generally have the right to decide freely
    the number, spacing, and timing of their children. The Government
    provided family planning services, and women had access to
    contraceptives free of charge at public hospitals and clinics, and for
    a nominal charge if prescribed by a private physician. According to
    indicators published by the Population Research Bureau (PRB), an
    estimated 40 percent of married women ages 15-49 used modern
    contraceptive methods. Unmarried and young women generally were
    discouraged from undergoing tubal ligation for birth control, and
    public hospitals, especially in rural areas, often refused to perform
    the operation on unmarried women who requested it. Nurses and doctors
    often required the husband's consent before carrying out the operation
    on a married woman, although there is no legal requirement for such
    consent. Most women gave birth in hospitals, where skilled attendance
    at birth and essential prenatal, obstetric, and postpartum care were
    available. According to PRB indicators, skilled health personnel
    attended an estimated 99 percent of births. According to a UN report
    entitled Trends in Maternal Mortality: 1990 to 2008, the estimated
    maternal mortality ratio was 26 deaths per 100,000 live births. Women
    had equal access to diagnosis and treatment for sexually transmitted
    infections, including HIV.
        Women have full rights of property ownership and inheritance
    rights, but in practice often were excluded from the decision-making
    process on disposition of communal land, which constituted more than 80
    percent of all land. Many women were successful entrepreneurs. Other
    than a prohibition on working in mines, there were no legal limitations
    on the employment of women. The ERP prohibits discrimination on the
    basis of sex. In practice, however, women generally were paid less than
    men for similar work. According to the Asian Development Bank,
    approximately 30 percent of the economically active female population
    was engaged in the formal economy, and a large proportion of these
    women worked in semisubsistence employment or were self-employed.
        The Ministry for Women worked to promote women's legal rights.

        Children.--Citizenship is derived both by birth within the country
    and through one's parents.
        School is mandatory until age 15, but the inability of some
    families to pay for uniforms, school fees, and bus fares limited
    attendance for some children.
        Corporal punishment was common both in homes and in schools,
    despite a Ministry of Education policy forbidding it in the classroom.
    Increasing urbanization, overcrowding, and the breakdown of traditional
    community and extended family-based structures led to an increasing
    incidence of child abuse and appeared to be factors that increased a
    child's chance of being exploited for commercial sex.
        The Court of Appeal has ruled that 10 years is the minimum
    appropriate sentence in child rape cases; however, in such cases police
    often charged defendants with ``defilement'' rather than rape, because
    defilement is easier to prove in court. Defilement or unlawful carnal
    knowledge of a child under 13 years of age has a maximum penalty of
    life imprisonment, while the maximum penalty for defilement of a child
    between 13 and 15 years or of an intellectually impaired person is 10
    years' imprisonment. Women's NGOs have complained that magistrates
    imposed shorter sentences, from two to eight years, in child defilement
    cases.
        The legal age for marriage is 18, although children between 16
    and18 years of age can marry with parental consent. Some NGOs reported
    that child marriage was a problem, especially in rural areas, where
    girls often married at age 16, preventing them from completing their
    secondary school education. In indigenous villages girls under age 16
    who became pregnant could begin to live as common-law wives with their
    child's father after the men presented traditional apologies to the
    girls' families, thereby avoiding the filing of a complaint to police
    by the families. The girls frequently married the fathers as soon as
    legally permissible, at age 16.
        Child prostitution was reported among high school students and
    homeless and jobless youth. Commercial sexual exploitation of children
    continued to occur during the year. Under the Crimes Decree, commercial
    sexual exploitation of children is an indictable offense that must be
    tried in the High Court. The decree makes it an offense for any person
    to buy or hire a child under 18 years of age for sex, prostitution, or
    other unlawful purpose, punishable by imprisonment for up to 12 years.
    It is also an offense for a householder or innkeeper to allow
    commercial sexual exploitation of children in his or her premises, but
    there were no prosecutions or convictions for these offenses during the
    year.
        The minimum age for consensual sex is 16. The maximum penalty is
    life imprisonment in the case of a person who has sexual relations with
    a child under age 13, and 10 years' imprisonment in the case of a
    person who has sexual relations with a child between age 13 and age 15.
    In the latter case it is considered a sufficient defense to establish
    that the perpetrator had ``reasonable cause'' to believe the child was
    age 16 or older. Despite the maximum penalties provided for,
    magistrates have sometimes imposed sentences as low as two years'
    imprisonment in such cases.
        Child pornography is illegal under the Juveniles Act. The maximum
    penalty for violators is 14 years' imprisonment and/or a maximum fine
    of F$25,000 (approximately $12,500) for a first offense and life
    imprisonment and/or a fine of up to F$50,000 (approximately $25,000)
    for a repeat offense, and the confiscation of any equipment used in the
    commission of the offense. A child welfare decree promulgated in August
    requires mandatory reporting to police by teachers and health and
    social welfare workers of any incident of child abuse.
        Increasing poverty led to more children working as casual laborers,
    often with no safeguards against abuse or injury.
        The country is a party to the 1980 Hague Convention on the Civil
    Aspects of International Child Abduction. For information on
    international parental child abduction, please see the Department of
    State's annual report on compliance at http://travel.state.gov/
    abduction/resources/congressreport/congressreport-4308.html.

        Anti-Semitism.--There was no known Jewish community, and there were
    no reports of anti-Semitic acts.

        Trafficking in Persons.--For information on trafficking in persons,
    please see the Department of State's annual Trafficking in Persons
    Report at www.state.gov/g/tip

        Persons With Disabilities.--Under the constitution abrogated in
    2009, all persons are considered equal under the law, and
    discrimination against persons with disabilities in employment,
    education, provision of housing and land, or provision of other state
    services is illegal. Since the constitution's abrogation, no new decree
    has addressed specifically the rights of persons with disabilities;
    however, existing statutes provide for the right of access to places
    and all modes of transport generally open to the public. Public health
    regulations provide penalties for noncompliance; however, there was
    very little enabling legislation on accessibility for persons with
    disabilities, and there was little or no enforcement of laws protecting
    them.
        Building regulations require new public buildings to be accessible
    to persons with disabilities, but only a few existing buildings met
    this requirement. Under the Health and Safety at Work Act, all new
    office spaces must be accessible to persons with disabilities. There
    were only a small number of disabled-accessible vehicles in the
    country. The Fiji Disabled People's Association, an NGO, reported that
    most persons with disabilities were unemployed due to lack of
    sufficient education and training and negative attitudes of employers.
    There were no programs to improve access to information and
    communications for persons with disabilities, and persons with
    disabilities, in particular persons with hearing or vision impairments,
    had difficulty accessing public information. There were a number of
    community organizations to assist those with disabilities, particularly
    children.
        Most persons with mental and intellectual disabilities were
    separated from society and typically were supported at home by their
    families. The September Mental Health Decree stipulates that treatment
    should be provided for persons with mental and intellectual
    disabilities in the community, public health, and general health
    systems. Institutionalization of persons with severe mental
    disabilities was in a single underfunded public facility in Suva. There
    were a number of special schools offering primary education for persons
    with physical, intellectual, and sensory disabilities; however, cost
    and location limited access. Opportunities for a secondary school
    education for those with disabilities were very limited.
        The Fiji National Council for Disabled Persons, a government-funded
    statutory body, worked to protect the rights of persons with
    disabilities. Several NGOs also promoted attention to the needs of
    persons with various disabilities.

        National/Racial/Ethnic Minorities.--Tension between ethnic Fijians
    and Indo-Fijians has been a longstanding problem. Indigenous Fijians
    make up 57 percent of the population, Indo-Fijians comprise 37 percent,
    and the remaining 6 percent is composed of Europeans, Chinese, and
    Rotuman and other Pacific Islander communities. The abrogated
    constitution notes that ``the composition of state services at all
    levels must be based on the principle of reflecting as closely as
    possible the ethnic composition of the population,'' but a
    nonjusticiable compact in the constitution also cites the
    ``paramountcy'' of Fijian interests as a guiding principle. The compact
    also provides for affirmative action and ``social justice'' programs to
    ``secure effective equality'' for ethnic Fijians and Rotumans, ``as
    well as for other communities.'' The compact chiefly benefited the
    indigenous Fijian majority. Indigenous Fijians dominated the civil
    service, including senior positions.
        The Government publicly stated its opposition to such policies,
    which it characterized as racist, and called for the elimination of
    discriminatory laws and practices that favor one race over another;
    however, as of year's end, most remained in place. The Government's
    reform priorities, including reform of discriminatory laws and
    practices, were part of a political dialogue process with political
    parties that stalled and was not reconvened after the abrogation of the
    constitution.
        In an effort to address the sensitive question of ethnic and
    national identity, in April the Government decreed that the country's
    citizens would henceforth be known as ``Fijians,'' a term that
    previously was understood to refer only to the ethnic indigenous
    population. Ethnic Fiji Islanders would become known as ``I Taukei''
    (literally, ``owners'' in the Fijian language). The decree requires
    that anywhere the word ``indigenous'' appears in the law and in
    government publications and communications, it is to be replaced by the
    term ``I Taukei.'' Some commentators, writing in blogs or overseas
    publications, observed that the lack of prior consultations with the
    indigenous community about the change and its promulgation by decree
    could complicate its implementation, given the historical opposition by
    indigenous Fijians to making ``Fijian'' the common name for all
    citizens. (The 1997 constitution used the term ``Fiji Islander'' to
    refer to all citizens.)
        Prior to the 2006 coup, most postindependence governments pursued a
    policy of political predominance for ethnic Fijians. Land tenure
    remained a highly sensitive and politicized issue. Ethnic Fijians
    communally held approximately 87 percent of all land, the Government
    held approximately 4 percent, and the remainder was freehold land,
    which private individuals or companies may hold.
        Ethnic Fijians' traditional beliefs, cultural values, and self-
    identity are closely linked to the land. Most cash-crop farmers were
    Indo-Fijians, the majority of whom are descendants of indentured
    laborers who came to the country during the British colonial era.
    Virtually all Indo-Fijian farmers were obliged to lease land from
    ethnic Fijian landowners. Many Indo-Fijians believed that their very
    limited ability to own land and their consequent dependency on leased
    land from indigenous Fijians constituted de facto discrimination
    against them. A pattern of refusals by ethnic Fijian landowners to
    renew expiring leases continued to result in evictions of Indo-Fijians
    from their farms and their displacement to squatter settlements. Many
    indigenous Fijian landowners in turn believed that the rental formulas
    prescribed in the national land tenure legislation discriminated
    against them as the resource owners. This situation contributed
    significantly to communal tensions.
        On June 30, the Government promulgated the Land Use Decree to
    improve access to land. The decree establishes a ``land bank'' in the
    Ministry of Lands for the purpose of leasing land from indigenous
    landowning units through the Native Land Trust Board, which has the
    legal ownership of indigenous lands, and subleasing the land to
    individual tenants for lease periods of up to 99 years. The stated aim
    of the decree was to provide both equitable returns to landowners and
    greater security of land tenure for tenants compared to the previous
    legal framework contained in the Agricultural Landlord and Tenant Act
    (ALTA), under which leases could only run for 30 years. ALTA leases
    began expiring in 1997, leading to the eviction of many Indo-Fijian
    sugar cane farmers.

        Societal Abuses, Discrimination, and Acts of Violence Based on
    Sexual Orientation and Gender Identity.--The abrogated constitution
    prohibits discrimination on the basis of sexual orientation. The
    preexisting Penal Code criminalized homosexual acts between males, but
    the judiciary held these provisions to be unconstitutional. The new
    Crimes Decree that came into force in February does not criminalize
    homosexual acts between consenting adults, and for the first time
    recognizes male-on-male rape as a crime. The ERP prohibits
    discrimination in employment based on sexual orientation.
        There was some societal discrimination against persons based on
    sexual orientation, although there was no systemic discrimination.
    There were no known cases of violence based on sexual orientation or
    gender identity.

        Other Societal Violence or Discrimination.--There was some societal
    discrimination against persons with HIV/AIDS, although it was not
    systemic. There were no known cases of violence targeting persons with
    HIV/AIDS.
    Section 7. Worker Rights

        a. The Right of Association.--The constitution and law protect the
    rights of workers to form and join unions, elect their own
    representatives, publicize their views on labor matters, and determine
    their own policies, but the authorities did not always respect all of
    these rights in practice. After the constitution was abrogated, and
    freedom of expression and assembly subsequently were restricted under
    the PER, unions reported considerable government interference with, and
    denial of, their right to organize.
        An estimated 31 percent of the wage-earning work force was
    unionized. The majority of unionized workers were employed in
    traditional key sectors of the economy, including the sugar industry,
    tourism, manufacturing, and the public sector. While some unions were
    ethnically based, most were not, and both Indo-Fijians and ethnic
    Fijians held leadership roles in the trade union movement.
        The ERP allows restrictions on the right of association if
    necessary in the public interest or to protect national security, and
    police, military, and prison personnel are prohibited from forming or
    joining a union.
        All unions must register with the Government, which has
    discretionary power to refuse to register any union with an
    ``undesirable'' name, as well as to cancel registration of existing
    unions in cases provided for by law. The ERP gives unions the right to
    appeal to the ERT against an adverse decision by the trade union
    registrar. Major trade unions reported instances of the Government
    using the ERT in a biased fashion to shut down negotiations and
    appeals.
        In February the Fiji Sugar Corporation ceased the so-called check-
    off facility (direct deduction of union dues) for two registered
    unions: the national farmers' union (Kisan Sangh) and the Fiji Cane
    Growers' Association. As of year's end, this check-off facility had not
    been reinstated.
        On February 17, military personnel detained Attar Singh, a
    prominent unionist and official of the National Federation Party (NFP).
    He was questioned and instructed to stop holding informal meetings at
    the NFP office.
        In October soldiers were deployed at three sugar mills; the
    Government cited suspected union sabotage, claimed by the Government to
    have affected the efficiency of the mills.
        The law provides for the limited right to strike, except that
    police, military, and prison personnel may not strike. Unions can
    conduct secret strike ballots, but must give the registrar 21 days'
    notice. More than 50 percent of all paid-up union members--not only
    paid-up members who actually cast ballots in the election--must vote in
    favor of a strike in order for the strike to be legal; the
    International Trade Union Confederation criticized this provision as
    too restrictive. The Ministry of Labor also must be notified and
    receive a list of all striking employees and the starting date and
    location of the strike. This requirement is intended to give
    organizers, unions, employers, and the ministry time to resolve the
    dispute prior to a strike. To carry out a legal strike, organizers of
    strikes in certain ``essential services''--including emergency, health,
    fire, sanitary, electrical, water, and meteorological services;
    telecommunications; air traffic control; and fuel supply and
    distribution--must give an employer an additional 28 days' notice.
        The ERP also permits the minister of labor to declare a strike
    unlawful and refer the dispute to the ERT; in these circumstances
    workers and strike leaders can face criminal charges if they persist in
    strike action after the referral.
        In January unionist Pramod Rae was visited at home by military
    officers and warned against organizing a strike during negotiations
    with the Bank of Baroda.
        There were no strikes during the year.

        b. The Right to Organize and Bargain Collectively.--Workers have
    the right to organize and bargain collectively. However, wage
    negotiations generally were conducted at the level of individual
    companies rather than industry wide.
        Under the ERP any trade union with six or more members may enter
    into collective bargaining with an employer. The ERP allows individual
    employees, including nonunionized workers, as well as unions to bring a
    dispute with employers before the permanent secretary for labor for
    mediation. Individuals, employers, and unions on behalf of their
    members may submit employment disputes and grievances alleging
    discrimination, unfair dismissal, sexual harassment, or certain other
    unfair labor practices to the Ministry of Labor. If mediation fails,
    the authorities may refer the dispute to the ERT; the ERT's decision
    can be appealed to the Employment Court (a division of the High Court)
    and from there to the Court of Appeal.
        Since the constitution was abrogated, unions reported that the
    Government used the mediation process to punish unions deemed
    insufficiently cooperative with government policies, interrupting the
    collective bargaining process, interfering with mediation, and denying
    appeals for unrelated political reasons.
        While not promoted by the ERP, individual contracts were common.
    Employers tended to offer advantageous packages to new employees,
    particularly skilled labor, to promote individual contracts, which
    according to labor groups reduced the possibilities for collective
    bargaining and weakened unions. Under the former Compulsory Recognition
    Act, only unions with 30 percent workforce membership could negotiate
    with an employer. However, the ERP allows any six individual employees
    to form a union and start negotiating with an employer--another
    provision seen by existing unions as weakening worker unity and hence
    bargaining power.
        Under the ERP it is an offense for an employer to victimize any
    worker or make it a condition of employment for a worker not to belong
    to a union, but union organizers were occasionally vulnerable to
    dismissal or to other interference by employers, particularly when
    operating on company premises.
        Export processing zones (EPZs) are subject to the same laws as the
    rest of the country. Labor groups reported continuing difficulties
    organizing workers in the EPZs, however, due to fear of employer
    reprisals. With the decline of the garment industry in the country, the
    number of workers employed in the EPZs also declined significantly.

        c. Prohibition of Forced or Compulsory Labor.--The ERP prohibits
    forced or compulsory labor, but there were reports that such practices
    occurred. The Labor Inspectorate is responsible for enforcing the law,
    but did not have sufficient inspectors for full enforcement.
        Also see the Department of State's annual Trafficking in Persons
    Report at www.state.gov/g/tip.

        d. Prohibition of Child Labor and Minimum Age for Employment.--
    Enforcement of existing child labor regulations was inadequate and
    failed to protect children fully from workplace exploitation. Under the
    law children under age 12 may not be employed except in a family-owned
    business or agricultural enterprise; any such employment must not
    interfere with school attendance and is to be of limited duration.
    Although the law provides that education is compulsory up to age 15,
    children between ages 12 and 15 may be employed on a daily wage basis
    in nonindustrial ``light'' work not involving machinery, provided they
    return to their parents or guardian every night. Persons between ages
    15 and 17 may be employed in certain occupations not involving heavy
    machinery, hazardous materials, mines, or heavy physical labor;
    however, they must be given specified hours and rest breaks.
        The Ministry of Labor deployed inspectors nationwide to enforce
    compliance with labor laws, including those covering child labor.
    However, there was no comprehensive government policy to eliminate the
    worst forms of child labor. During the year migration of rural youth to
    urban areas continued, and youths continued to find employment in the
    informal sector, including work as shoeshine boys, casual laborers, and
    prostitutes. Children as young as age 11 worked as full-time laborers
    in the sugar cane industry. Children also worked in the production of
    other agricultural products, including coconuts and root vegetables.

        e. Acceptable Conditions of Work.--There was no single, national
    minimum wage, although the Wages Councils, comprising representatives
    of both workers and employers, set minimum wages for certain sectors.
    On July 1, minimum wage increases went into effect in nine industrial
    sectors; however, minimum wage levels did not provide a decent standard
    of living for a worker and family. Entry-level wages in unregulated
    sectors, especially service industries, provided a sparse standard of
    living for a worker and family. The Labor Ministry enforced minimum
    wages through its Labor Inspectorate; however, the inspectorate did not
    have sufficient inspectors to fully enforce the law. The ERT and the
    Employment Court adjudicate cases of employers charged by the Labor
    Inspectorate with violating minimum wage orders.
        There is no single national limitation on maximum working hours for
    adults; however, there are restrictions and overtime provisions in
    certain sectors. Workers in some industries, notably transportation and
    shipping, worked excessive hours.
        There are workplace safety laws and regulations, and a worker's
    compensation act. The Occupational Health and Safety Inspectorate in
    the Ministry of Labor monitors workplaces and equipment and
    investigates complaints from workers. Safety standards apply equally to
    citizens and foreign workers; however, government enforcement suffered
    from a lack of trained personnel and delays in compensation hearings
    and rulings. Unions generally monitored safety standards in organized
    workplaces, but many work areas did not meet standards, and not all
    were monitored by the Ministry of Labor for compliance. The law accords
    employees the right to remove themselves from a hazardous worksite
    without jeopardizing their employment, but most feared the loss of
    their jobs if they did so. Although mines are excluded from the Health
    and Safety at Work Act, the Mining Act empowers the director of mines
    and his inspectors to enter and inspect all mines with a view to the
    health, safety and welfare of the employees.

                                   __________

                                   INDONESIA

        Indonesia is a multiparty democracy with a population of
    approximately 237 million. In July 2009 Susilo Bambang Yudhoyono was
    reelected president in free and fair elections. Domestic and
    international observers judged the April 2009 legislative elections
    generally free and fair as well. Security forces reported to civilian
    authorities, although the fact the Indonesian Armed Forces (TNI)
    continued to be partly self-financed had the potential to weaken this
    control.
        Human rights problems during the year included: occasional
    incidents, primarily in Papua and West Papua Provinces, of arbitrary
    and unlawful killings by security forces; vigilantism; sometimes harsh
    prison conditions; impunity for some officials; official corruption,
    including in the judicial system; some narrow and specific limitations
    on freedom of expression; societal abuse against religious groups and
    interference with freedom of religion sometimes with the complicity of
    local officials; trafficking in persons; child labor; and failure to
    enforce labor standards and 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 politically motivated killings; however,
    security force personnel killed a number of alleged criminals and
    terrorists in the course of apprehending them.
        On August 30, Kasmir Timumun died in police custody in Buol,
    Central Sulawesi, following his arrest for illegally racing a
    motorcycle. Police reported that Timumun committed suicide, but
    credible nongovernmental organization (NGO) sources reported that his
    body bore evidence of abuse. On August 31, a crowd of as many as 3,000
    persons attacked the police station with rocks and Molotov cocktails.
    Police killed eight of the protesters. Nineteen police were injured
    during the riot. At the end of the year, police had named three
    officers as suspects in the death of Timumun. Results of an autopsy of
    Timumun were not publicly available at the end of the year.
        The police continued vigorous action against accused terrorists. As
    of September 28, security forces shot and killed at least 17 terrorist
    suspects in exchanges of gunfire. Approximately 120 suspects were
    detained. Eleven police were shot and killed and 12 were injured in
    these exchanges.
        On September 22, 12 heavily armed men on motorcycles attacked a
    subdistrict police station in Hamparan Perak, North Sumatra, and killed
    three police officers. The attack was believed to be retaliation for
    police antiterrorist actions.
        Violence affected the provinces of Papua and West Papua during the
    year. Due to the remoteness of the area it was difficult to confirm
    reports villages were burned and scores of civilians killed. Much of
    this violence was connected to the Free Papua Movement (OPM) and
    security force operations against OPM. For example, on February 15,
    unidentified gunmen shot and killed Police Mobile Brigade (Brimob)
    member Sahrul Mahulau. On April 13, gunmen reportedly affiliated with
    OPM killed three construction workers in the Mewulok District of Puncak
    Jaya.
        The confusion around events in the provinces of Papua and West
    Papua was illustrated in the apparent killing in Puncak Jaya Regency of
    Pastor Kindeman Gire. In October a commissioner of the National Human
    Rights Commission (Komnas HAM) said that the commission was opening an
    investigation into Kindeman's death. Other sources have alleged
    Kindeman was shot and killed in March. At year's end it was agreed that
    Kindeman was killed, but the manner and perpetrators were uncertain.
        On May 17, security forces shot and killed OPM leader Werius
    Telenggen and OPM member Yarton Enumbi in Yambi village, Puncak Jaya,
    Papua.
        A group of gunmen in Puncak Jaya shot and killed Brimob member Agus
    Suhendra on June 14. On August 4, unidentified gunmen shot and killed
    Atril Wahidin, a former driver for the head of Mewulok District.
        On September 14, members of Brimob in Manokwari, West Papua, shot
    and killed Naftali Kwan and Septinus Kwan during a riot sparked by a
    traffic accident. On September 24, 11 Brimob officers were sanctioned
    in connection with the shooting. Four received 21 days in custody, the
    other seven received 14 days.
        On November 28, five persons shot and killed one civilian and
    wounded six others in Nafri, Jayapura District. All of the victims were
    non-Papuan Indonesians.
        In addition to killings by security forces and OPM, there were a
    number of violent incidents, including some killings by unknown parties
    in Papua and West Papua.
        On April 14, three members of the Jakarta Public Order Agency were
    killed in rioting near the Jakarta port, Tanjung Priok. The mob
    reportedly believed it was protecting the tomb of an 18th century
    religious leader.
        In April 2009 the North Jakarta police beat and shot Bayu Putra
    Perdana while he was in custody. According to a hospital autopsy, Bayu
    died as a result of torture. In response to Bayu's death, an ethics and
    administrative police committee sentenced two police personnel to 14
    days detention, demotion, and an official reprimand.
        In August 2009 members of Brimob killed tribal leader and former
    political prisoner Yawan Wayeni at his house in Mantembu village, Yapen
    Island, Papua. In May video footage of Wayeni's death appeared on the
    Internet. The video showed the police taunting and providing no
    assistance to Wayeni as he was dying, but does not show events leading
    up to his death. Police sources claimed Wayeni was armed with a home-
    made weapon, while Papuan activists claimed that he was unarmed.
        No further information was available regarding the 2009 deaths of
    Mika Boma, Abet Nego Keiya, Melkia Agape, Fauzi Bin Syarifuddin, or
    Kelly Kwalik.
        In 2008 the South Jakarta District Court acquitted retired army
    general Muchdi Purwoprandjono on charges of planning the 2004 murder of
    human rights activist Munir Said Thalib. In July 2009 the Supreme Court
    upheld the acquittal and remanded the case to the district court. In
    2009 the Attorney General's Office (AGO) stated it intended to file a
    motion requesting the Supreme Court to ``review'' the ruling but had
    not done so by year's end. Under the law the AGO must present new
    evidence or identify judicial inconsistencies in the original ruling
    for the review to be granted. The case was also under review by the
    Judicial Commission, a judicial oversight body.
        In January 2009 an appeals court overturned a lower-court acquittal
    of Rohainil Aini as an accomplice in Munir's murder and sentenced her
    to one year in prison. However, at year's end Aini had not started
    serving her sentence.

        b. Disappearance.--The Government reported little progress in
    accounting for persons who disappeared in previous years or in
    prosecuting those responsible for such disappearances. The criminal
    code does not specifically criminalize disappearance.
        In September 2009 the House of Representatives (DPR) approved the
    formation of an ad hoc court to pursue investigations of and possible
    prosecutions for the 1998 abductions of prodemocracy activists. By
    year's end the Government had not established this ad hoc court.

        c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
    Punishment.--The constitution states that every person shall have the
    right to be free from torture, inhuman, and degrading treatment. The
    law criminalizes the use of violence or force by officials to elicit a
    confession, punishable by up to four years in prison, but the criminal
    code does not specifically criminalize torture. In previous years law
    enforcement officials widely ignored and were rarely tried under this
    statute. The Government made some efforts to hold members of the
    security forces responsible for acts of torture. In 2007 the UN special
    rapporteur on torture reported evidence of torture in many police
    detention facilities in Java. The special rapporteur reported that
    torture was common in certain jails and used to obtain confessions,
    punish suspects, and seek information that incriminated others in
    criminal activity. Torture typically occurred soon after detention.
    There were reports detainees were beaten with fists, sticks, cables,
    iron bars, and hammers. Some detainees reportedly were shot in the legs
    at close range, subjected to electric shock, burned, or had heavy
    implements placed on their feet.
        From January to September, Komnas HAM received 708 complaints of
    human rights violations against the National Police.
        Abuse of detainees in Papua came under heightened scrutiny when, on
    October 16, a graphic video was posted on YouTube that showed several
    TNI personnel threatening one detainee, Telangga Gire, with a knife to
    the throat and applying a smoldering stick to the genitals of another
    detainee, Tunaliwor Kiwo. This was believed to have taken place on May
    30 during a military operation in the Puncak Jaya region of Papua.
    Subsequently, this video was conflated with another incident in March,
    also captured on video, in which four TNI personnel beat and kicked
    several Papuan detainees. The four TNI personnel implicated in this
    latter incident, Second Lieutenant Cosmos, Private First Class Sahminan
    Lubis, Private Joko Sulistiono, and Private Dwi Purwanto, were court-
    martialed and sentenced to five to seven months' imprisonment for
    disobeying orders, exceeding orders, and encouraging others to do so.
    At year's end an investigation into the May 30 video apparently was
    underway.
        Human rights activists and relatives of the detainees reported at
    least some of the 22 Republic of South Maluku (RMS) activists detained
    in early August were beaten (see section 2.a.).
        On September 23, three military personnel from the 742nd Infantry
    Battalion/Satya Wira Yudha-Mataram allegedly assaulted a priest, Beatus
    Ninu, in Kupang Regency, after the priest asked the soldiers to quiet
    down. After an investigation, the case was passed to a military court
    for prosecution.
        In December 2009 four Depok police officers detained J.J. Rizal for
    possible drug use and accused him of being a pickpocket. The officers
    abused Rizal, who suffered a cut lip, two contusions on his head, a
    bruised jaw, and ringing in the ears. On March 3, the officers were
    convicted and each sentenced to three months' imprisonment.
        In December 2009 a civilian, accompanied by police officers from
    the Criminal Investigations Division of the Maluku Regional Police,
    reportedly beat Aan (one name only) while interrogating him in Jakarta.
    No information was available regarding action by the police Internal
    Disciplinary Unit.
        There were numerous reports of alleged police abuse of prisoners
    throughout the year.
        No further information was available regarding the cases of
    Carmadi, Monika Zonggonau, or Kiten Tabuni.
        Between January and October in Aceh, 39 persons were caned publicly
    for violating Sharia laws dealing with gambling, adultery, consuming
    alcohol, and for selling food during the fasting month of Ramadan.
    Unlike in previous years, there were no reported cases of caning for
    being alone with persons of the opposite sex.
        On July 15, the Langsa District Court in East Aceh District
    sentenced Muhammad Nazir and Feri Agus, Sharia Police members, to eight
    years in prison for the rape and torture of a 20-year-old female
    student while she was in custody.
        On October 1, authorities in Jantho, Aceh Besar, publicly caned
    Murni binti Amris and Rukiah binti Abdullah for selling cooked rice
    during the day during the month of Ramadan.
        On August 27, Muchtar bin Ibrahim was indicted under the antiterror
    law for the November 2009 shooting of a German Red Cross official in
    Aceh.
        Mobs carried out vigilante justice, but reliable statistics on such
    actions were not available. There were instances in which police failed
    to respond to such violence, which was often triggered by thefts or
    perceived thefts.

        Prison and Detention Center Conditions.--Conditions at the
    country's 642 prisons and detention centers were sometimes harsh.
    Overcrowding was widespread. In Jakarta, occupancy frequently was two
    to three times more than recommended capacity. According to the
    Government, the Pondok Bambu Detention Facility in Jakarta, designed
    for 500 prisoners, held 1,172. The facility has two types of cells,
    small and large. A small cell is approximately nine square yards and
    designed for one to two prisoners. According to NGOs, three to five
    prisoners were assigned to small cells. Authorities routinely assigned
    20 to 30 prisoners to large cells designed to hold a maximum of 10
    prisoners.
        According to a team of international visitors that visited a number
    of prisons in August, all facilities had abundant outdoor and multi-use
    space that appeared to be underused. Prisoners were provided with food,
    potable water, and basic medical care. Conditions of confinement and
    treatment of prisoners in the facilities visited appeared to comply
    with the Standard Minimum Rules for the Treatment of Prisoners.
        NGOs noted authorities sometimes did not provide prisoners adequate
    medical care. According to Ministry of Justice and Human Rights
    officials, the medical budget for some prisons is as low as 14,500
    rupiah ($1.65) per prisoner. Filep Karma, a prisoner in Abepura prison,
    received needed medical care in Jakarta on July 19, after waiting since
    August 2009. Advocates for Ferdinand Pakage, another prisoner in Papua,
    continued to raise funds so that he could receive needed eye treatment.
    Yusuf Sipakoly, a prisoner associated with the RMS separatist movement,
    died in custody on September 14, in Ambon, Maluku. Sipakoly reportedly
    did not receive sufficient care for a kidney condition.
        Guards regularly extorted money from and mistreated inmates. There
    were widespread reports the Government did not supply sufficient food
    to inmates, and family members often brought food to supplement their
    relatives' diets. Family members reported prison officials often sought
    bribes to allow relatives to visit inmates. Officials held unruly
    detainees in solitary confinement for up to six days on a rice-and-
    water diet. According to government figures, 842 prisoners died during
    the year, compared with 778 in 2009.
        In November 2009 detained Papuan activist Buchtar Tabuni was beaten
    at Abepura Class II Penitentiary, sparking riots involving protesters
    both inside and outside the prison the next day. The authorities
    implicated and detained three TNI personnel and a police officer for
    allegedly beating Buchtar. In a separate case, Buchtar was moved from
    Abepura Penitentiary to a police detention center on December 3 and
    charged with fomenting a prison riot.
        According to The International Centre for Prison Studies, prison
    capacity was designed for 76,550 inmates; however, there were more than
    140,000 prisoners, including approximately 2,500 juveniles and 11,000
    women. There are six women-only prisons in the country, including five
    in Java and one in North Sumatra. According to the Directorate General
    for Corrections, as of March there were 2,609 juvenile detainees and
    2,589 juvenile prisoners.
        Lack of prison capacity, limited number of personnel, and poor
    prison conditions were found throughout the East Java prison system.
    Total provincial prison capacity was designed for 10,000 inmates; there
    were more than 16,000 inmates. In Medaeng Prison in Surabaya, there
    were more than 1,600 inmates, although the prison's designed capacity
    is for 500 inmates.
        By law children convicted of serious crimes should serve their
    sentences in juvenile prisons. However, according to a 2007 statement
    by the UN special rapporteur on torture, children were incarcerated
    with adults in both pretrial detention centers and in prisons. By law
    prisons held those convicted by courts, while detention centers held
    those awaiting trial; in practice pretrial detainees at times were held
    with convicted prisoners.
        Prisoners were permitted religious observance. Prisoners and
    detainees had reasonable access to visitors, although this access
    reportedly was limited in some cases. The Government actively monitors
    prison and detention center conditions.
        Authorities permitted prisoners and detainees to submit complaints
    to judicial authorities without censorship and to request investigation
    of credible allegation of inhumane conditions.
        Since February 2009 the Government has denied the International
    Committee of the Red Cross (ICRC) access to monitor prison conditions
    and treatment of prisoners nationwide. In addition, the Government
    requested the ICRC to close field offices in Aceh and Papua Provinces.
    Negotiations continued throughout the year to restore ICRC access to
    Papua.
        The national ombudsman can serve on behalf of prisoners and
    detainees on a variety of issues, including monitoring conditions and
    treatment of prisoners; addressing the status and circumstances of
    confinement of juvenile offenders; and improving pretrial detention,
    bail, and recordkeeping procedures to ensure that prisoners do not
    serve beyond the maximum sentence for the charged offense. In the past,
    the ombudsman has investigated prison issues and communicated his
    findings to the minister of law and human rights and the Supreme Court.
    The Ombudsman's Office and the Directorate General for Correctional
    Facilities have signed a Memorandum of Understanding on Supervision of
    Public Service for detainees and prisoners.

        d. Arbitrary Arrest or Detention.--The law contains provisions that
    protect against arbitrary arrest and detention but lacks adequate
    enforcement mechanisms, and some authorities violated these provisions.

        Role of the Police and Security Apparatus.--The president appoints
    the national police chief, subject to confirmation by the DPR. The
    police chief reports to the president but is not a full member of the
    cabinet. The Indonesian National Police (INP) has 374,526 personnel
    deployed in 31 regional commands in 33 provinces. The police maintain a
    centralized hierarchy; local police units formally report to the
    national headquarters. The military is responsible for external defense
    but also has a residual obligation to support the police with its
    domestic security responsibilities. On July 16, a presidential decree
    formally established a new Counterterrorism Agency (BNPT). The BNPT is
    to coordinate the Government's counterterrorism policy and activities.
    In Aceh the Sharia Police, a provincial body, is responsible for
    enforcing Sharia.
        The Internal Affairs Division and the National Police Commission
    within the INP investigates complaints against individual police
    officers. Additionally, Komnas HAM and NGOs conducted external
    investigations with the knowledge and cooperation of the police. During
    the year, 682 officers were charged criminally and 5,437 received
    disciplinary infractions.
        In January 2009 the Ministry of Law and Human Rights approved the
    Use of Force Police Action Policy, which among other things requires
    that whenever force is used or whenever a citizen or police officer is
    injured as a result of use of force a Use of Force Resistance Control
    Form must be completed. Implementation of this policy and training
    continued throughout the year.
        From January to September, Komnas HAM received 708 complaints of
    human rights violations against the National Police. In December Komnas
    HAM announced at a press conference that during the year there were 30
    cases of abuse committed during interrogations.
        In June 2009 the INP implemented regulations that standardized
    human rights regulations in the normal course of police duties.
    However, impunity and corruption remained problems in some provinces.

        Arrest Procedures and Treatment While in Detention.--The law
    provides prisoners with the right to notify their families promptly and
    specifies that warrants must be produced during an arrest. Exceptions
    are allowed if, for example, a suspect is caught in the act of
    committing a crime. The law allows investigators to issue warrants;
    however, at times authorities made arrests without warrants. A
    defendant may challenge the legality of his arrest and detention in a
    pretrial hearing and may sue for compensation if wrongfully detained;
    however, defendants rarely won pretrial hearings and almost never
    received compensation after being released without charge. Military and
    civilian courts rarely accepted appeals based on claims of improper
    arrest and detention.
        The law limits periods of pretrial detention. Police are permitted
    an initial 20-day detention, which can be extended to 60 days by the
    prosecutors while the investigation is being completed; prosecutors may
    detain a suspect for a further 30 days during the prosecution phase and
    may seek a 20-day extension from the courts. The district and high
    courts may detain a defendant up to 90 days during trial or appeal,
    while the Supreme Court may detain a defendant 110 days while
    considering an appeal. Additionally, the court may extend detention
    periods up to another 60 days at each level if a defendant faces a
    possible prison sentence of nine years or longer or if the individual
    is certified to be mentally disturbed. During the year authorities
    generally respected these limits in practice. The antiterrorism law
    allows investigators to detain for up to four months before charges
    must be filed any person who, based on adequate preliminary evidence,
    is strongly suspected of committing or planning to commit any act of
    terrorism.
        During his 2007 visit, the UN special rapporteur on torture found
    that in many instances the authorities did not grant bail, frequently
    prevented access to defense counsel during investigations, and limited
    or prevented access to legal assistance from voluntary legal defense
    organizations. Court officials sometimes accepted bribes in exchange
    for granting bail.
        By law suspects or defendants have the right to legal counsel of
    their choice at every stage of an investigation. Court officials will
    provide free legal counsel to persons charged with offenses that carry
    a death penalty or imprisonment of 15 years or more, or to destitute
    defendants facing charges that carry a penalty of five years or more.
    Suspects have the right to bail and to be notified of the charges
    against them.

        e. Denial of Fair Public Trial.--The law provides for judicial
    independence; however, in practice the judiciary remained susceptible
    to influence from outside parties, including business interests,
    politicians, and the security forces. Low salaries continued to
    encourage acceptance of bribes, and judges were subject to pressure
    from government authorities, which appeared to influence the outcome of
    cases.
        Widespread corruption throughout the legal system continued (see
    section 4), which specialized task forces in the AGO effectively
    prosecuted.
        During the year hundreds of low-level and sometimes mid-level
    soldiers were tried in military courts, including for offenses that
    involved civilians or occurred when soldiers were not on duty. If a
    soldier was suspected of committing a crime, military police
    investigated and then passed their findings to military prosecutors,
    who decided whether to prepare a case. Under the law, military
    prosecutors are accountable to the Supreme Court; however, military
    prosecutors were responsible to the TNI for the application of laws.
        A three-person panel of military judges heard trials, while the
    High Military Court, the Primary Military Court, and the Supreme Court
    heard appeals. Some civilians criticized the short length of prison
    sentences imposed by military courts.
        NGO sources stated some military court proceedings all the way to
    the Supreme Court were not public; however, the November court-martial
    of four soldiers for beating a Papuan detainee was public (see section
    1.c.).
        Four district courts located in Surabaya, Makassar, Jakarta, and
    Medan are authorized to adjudicate cases of gross human rights
    violations. At year's end only the Makassar and Jakarta courts had
    adjudicated such cases. The law provides for each court to have five
    members, including three noncareer human rights judges, who are
    appointed to five-year terms. Verdicts can be appealed to the standing
    appellate court and the Supreme Court. The law provides for
    internationally recognized definitions of genocide, crimes against
    humanity, and command responsibility, but it does not include war
    crimes as a gross violation of human rights.
        Under the Sharia court system in Aceh, 19 district religious courts
    and one court of appeals heard cases. The courts heard only cases
    involving Muslims and used decrees formulated by the local government
    rather than the penal code. Critics argued that Sharia regulations were
    procedurally ambiguous. For example, defendants had a right to legal
    aid, but this right was inconsistently implemented. Although Sharia
    cases were supposed to be tried in closed hearings, during the year
    there were numerous problems with trial proceedings going forward in
    open court.

        Trial Procedures.--The law presumes defendants are innocent until
    proven guilty. Defendants have the right to confront witnesses and call
    witnesses in their defense. An exception is allowed in cases in which
    distance or expense is deemed excessive for transporting witnesses to
    court; in such cases sworn affidavits may be introduced. However, the
    courts allowed forced confessions and limited the presentation of
    defense evidence. Defendants have the right to avoid self-
    incrimination. In each of the country's 804 courts, a panel of judges
    conducts trials by posing questions, hearing evidence, deciding on
    guilt or innocence, and imposing punishment. Both the defense and
    prosecution can appeal.
        The law gives defendants the right to an attorney from the time of
    arrest and at every stage of examination and requires that defendants
    in cases involving capital punishment or a prison sentence of 15 years
    or more be represented by counsel. In cases involving potential
    sentences of five years or more, the law requires an attorney be
    appointed if the defendant is indigent and requests counsel. In theory
    indigent defendants may obtain private legal assistance, and NGO lawyer
    associations provided free legal representation to indigent defendants.
    The law extends these rights to all citizens. In some cases procedural
    protections, including those against forced confessions, were
    inadequate to ensure a fair trial. With the noted exceptions of Sharia
    and military trials, trials are public.

        Political Prisoners and Detainees.--In early August the authorities
    arrested a number of RMS activists in Ambon for allegedly planning to
    fly banned RMS flags during an August 3 visit by President Yudhoyono.
    Among those arrested were Benny Sinay, Izak Sapulete, Andy Marunaya,
    Edwin Muranay, Ongen Krikof, Marven Bremer, Steven Siahaya, Ony
    Siahaya, and Jacab Sinay. The arrests apparently were meant to
    forestall a repetition of the 2007 incident when 22 traditional war
    (cakalele) dancers, including Johan Teterisa, displayed a banned
    separatist flag during President Yudhonoyo's visit to Ambon. The 22
    were serving sentences--ranging from seven to 20 years--in
    penitentiaries in Java and Ambon. On appeal, the court reduced
    Teterisa's sentence from life to 15 years.
        A number of Papuan independence activists, including Filep Karma,
    were in detention for raising a banned separatist flag. In July Karma
    received medical treatment at a Jakarta hospital and was later returned
    to Abepura prison in Papua. Another activist imprisoned for a flag
    raising, Yusak Pakage, received a pardon on July 8.
        In November 2009 Semuel Yaru and Luther Wrait raised a banned
    separatist flag in front of the Papua People's Council. On August 12,
    they were sentenced to one year in prison, less time already served.
        According to international NGOs Human Rights Watch and Amnesty
    International, there were more than 83 persons in prisons throughout
    the country for flag raising or other nonviolent political offenses.

        Civil Judicial Procedures and Remedies.--The civil court system can
    be used to seek damages for victims of human rights violations;
    however, corruption and political influence limited victims' access to
    this remedy.

        f. Arbitrary Interference With Privacy, Family, Home, or
    Correspondence.--The law requires judicial warrants for searches except
    for cases involving subversion, economic crimes, and corruption. The
    law also provides for searches without warrants when circumstances are
    ``urgent and compelling.''
        Security officials occasionally broke into homes and offices.
    Authorities occasionally conducted warrantless surveillance on
    individuals and their residences and monitored telephone calls.
        In some parts of the country, particularly in Kalimantan and Papua,
    residents believed government-sponsored transmigration programs, which
    move households from more densely populated areas to less-populated
    regions, interfered with their traditional ways of life, land usage,
    and economic opportunities. Although the number of new persons in
    transmigration was significantly less than in previous years, the
    Government continued to support financially approximately 8,800
    households moved in 2009 from overpopulated areas to isolated and less-
    developed areas in 26 provinces.
        The Government used its authority, and at times intimidation, to
    expropriate land for development projects, often without fair
    compensation. In other cases state-owned companies were accused of
    endangering resources upon which citizens' livelihood depended. A
    presidential decree on land acquisition for public use allows the
    Government to acquire land for private development projects even if
    landowners have not agreed on the amount of compensation. A number of
    NGOs argued the decree served the interests of wealthy developers at
    the expense of the poor.
        During the year security forces allegedly used excessive force
    while evicting individuals involved in land disputes. During the year
    evictions of squatters living on government land and of street vendors
    continued to decrease. Jakarta Legal Aid (LBH Jakarta) reported that
    during the year there were 55 cases reported related to land-rights
    violations in Jakarta, including evictions and land disputes. According
    to city officials, the Jakarta administration carried out evictions
    during the year, forcing persons out of their homes.
    Section 2. Respect for Civil Liberties, Including:

        a. Freedom of Speech and Press.--The constitution and the law
    provide for freedom of speech and freedom of the press; however, the
    Government at times restricted these rights in practice. Politicians
    and powerful businessmen filed criminal or civil complaints against
    journalists whose articles they found insulting or offensive; some
    journalists faced threats of violence. Nonetheless, a vigorous,
    independent media operated in the country and expressed a wide variety
    of views, generally without restriction. In 2007 the Constitutional
    Court annulled or ruled unconstitutional various provisions of the
    criminal code that provided special protections to the president, the
    vice president, and the Government.
        On April 19, the Constitutional Court rejected a motion to strike
    down the 1965 Blasphemy Law. Under the law, ``spreading religious
    hatred, heresy and blasphemy'' is punishable by up to five years in
    prison.
        On October 5, the Supreme Court restored the broadcast license of
    Chinese-language, Falun Gong-affiliated Radio Era Baru, and the station
    resumed broadcasting. It was forced to stop broadcasting following a
    court decision in March and had been battling the Government over its
    license since 2007.
        The Indonesian Press Legal Aid (LBH Pers) reported that during the
    year, there were at least 37 physical and 29 nonphysical cases of media
    intimidation.
        During the year a number of journalists died under suspicious
    circumstances. On July 30, police in Merauke, Papua, found the body of
    freelance journalist Ardiansyah Matra'is. Matra'is reportedly received
    threatening messages in the preceding days from unknown individuals. On
    August 21, television reporter Ridwan Salamun was stabbed and killed
    while filming a fight between two villages in Southeast Maluku. The
    International Federation of Journalists claimed local police knew who
    killed Salamun but made no effort to arrest the perpetrators. The body
    of Alfrets Mirulewan, chief editor of the Pelangi Weekly, was found on
    Kisar, Maluku, on December 17, sparking widespread condemnation.
    Photographs of Mirulewan allegedly show bruises on his face and scratch
    wounds on his knees. NGO sources reported Mirulewan was investigating
    the illegal sale of gasoline on Kisar and the possible involvement of
    police officers. At year's end authorities were still investigating,
    and results of an autopsy were not publicly available.
        On February 15, the Bali State Court sentenced Nyoman Susrama,
    Komang Gede, and Ida Bagus Narbawa to a life sentence, 20 years in
    jail, and five years in jail, respectively, for their involvement in
    the February 2009 murder of Radar Bali journalist Anak Agung Prabangsa.
        Reporters also faced violence and harassment during the year. On
    May 19, Ahmadi, a journalist with Harian Aceh, wrote a news story on a
    logging business run by the local Alapan Military Sub-District Command.
    Although officials from the district command requested he not publish
    information on the business, Harian Aceh published the article on May
    21. That same day, Kardiar, a military officer from the Simeleu
    Military District Command, assaulted Ahmadi. At year's end no charges
    had been filed.
        On July 6, two unknown individuals on motorcycles attempted to
    firebomb the offices of the Tempo weekly magazine. No injuries were
    reported. The attack came one week after Tempo had run a feature on
    suspiciously large police bank accounts. Tempo also faced a lawsuit
    from the police.
        On July 13, police beat and kicked three journalists reporting on
    police brutality in handling demonstrations in Dobo City of Aru Island
    Regency in Southeast Maluku. Police also took the journalists' cameras
    and deleted all the pictures.
        On September 1, in Karanganyar, Central Java, Lieutenant Colonel
    Lilik Sutikna assaulted Triyono, a Solo Pos journalist, after Triyono
    reported on allegations of corruption that implicated Lilik. The
    regional military commander relieved Lilik of command pending an
    internal investigation.
        During the year a trend of persons accused of corruption or
    involved in civil disputes filing criminal and civil defamation
    complaints with police continued.
        On September 7, Tommy Suharto, a son of the former president, sued
    the national airline, Garuda Indonesia, and its in-flight magazine over
    an article that referred to him as a ``convicted murderer.''
        In July 2009 Kho Seng Seng and Winny Kwee were convicted of
    defamation and given six-month suspended sentences and one year of
    probation each. Both had submitted letters to editors of different
    newspapers complaining about a property developer. At year's end their
    cases still were pending appeal at the Supreme Court.
        In September 2009 the Jakarta police identified human rights
    activist Usman Hamid as a suspect for alleged defamation and slander
    against former State Intelligence Agency deputy chief Muchdi
    Purwopranjono. At year's end the case was still pending.
        In January 2009 Illian Deta Arta Sari and Emerson Yuntho, staff
    members of the NGO Indonesia Corruption Watch, were identified as
    suspects in a criminal defamation case after criticizing the AGO's
    record of asset recovery, citing an official audit document. They
    received a notice of complaint in October 2009. At year's end the case
    was still pending.
        Although the Papua Special Autonomy Law permits flying a flag
    symbolizing Papua's cultural identity, a government regulation
    prohibits the display of the Morning Star flag in Papua, the RMS flag
    in Maluku, and the Crescent Moon flag in Aceh.
        Between August 2 and 9, police arrested 21 activists who planned to
    display a banned separatist flag during President Yudhoyono's visit to
    Ambon on August 3 (see section 1.e.). Police seized 14 flags and 133
    pamphlets carrying a statement requesting the release of Maluku and
    Papua separatists. No RMS flags were displayed and no protests occurred
    during President Yudhoyono's visit in August.
        In April 2009 Musa Tabuni, Serafin Diaz, and Yance Mote were
    arrested and charged with subversion and separatism following a West
    Papua National Committee Customary Council meeting in Jayapura. As of
    the end of September, they were released pending appeal of their cases
    to the Supreme Court.
        The Government continued to restrict foreign media, NGO, and
    government personnel from traveling to the provinces of Papua and West
    Papua by requiring them to request permission to travel through the
    Foreign Ministry or an Indonesian embassy. The Government approved some
    requests and denied others. Some journalists traveled to Papua without
    permission. There were no reports of restrictions on journalists
    traveling to previous areas of conflict in Aceh, Maluku, North Maluku,
    and Sulawesi.

        Internet Freedom.--According to International Telecommunication
    Union statistics for 2009, approximately 12 percent of the country's
    inhabitants used the Internet.
        The 2008 Information and Electronic Transaction Law, meant to
    combat online crime, pornography, gambling, blackmail, lies, threats,
    and racism, prohibits citizens from distributing in electronic format
    any information that is defamatory, and punishes transgressors with a
    maximum of six years in prison or a fine of one billion rupiah
    ($110,000) or both. The Information and Communication Ministry Web site
    offered free software to block Web sites with adult content.
        The minister of information requested Internet service providers to
    block access to pornographic Web sites starting on August 11, the first
    day of the month of Ramadan. On September 27, the minister requested
    citizens report pornographic Web sites to the Government, in order to
    block them.
        Internet cafes are required to provide the identities of Internet
    users to a government agency on a monthly basis.

        Academic Freedom and Cultural Events.--In 2008 the DPR passed an
    antipornography bill. Critics considered its definition of pornography
    too broad and feared it could be used to justify attacks on artistic,
    religious, and cultural freedom. The bill includes provisions that
    allow citizens to ``supervise'' adherence to the law. In February 2009
    the Constitutional Court began consideration of a complaint the law
    violates freedom of religion and expression tenets of the constitution.
    On March 25, the Constitutional Court held that the antipornography
    bill did not violate the constitution.
        During the year the Government-supervised Film Censorship Institute
    continued to censor domestic and imported movies for content deemed
    pornographic or religiously offensive. As recently as December 2009,
    politically sensitive films also were censored; however, no films were
    banned during the year.
        On October 14, the Constitutional Court struck down a long-standing
    law that gave the AGO the authority to ban written material, deeming it
    unconstitutional. In its decision, the Constitutional Court stated the
    AGO still maintains the authority to monitor written material and to
    request a court order to ban written material.

        b. Freedom of Peaceful Assembly and Association.--Freedom of
    Assembly.--The law provides for freedom of assembly, and the Government
    generally respected this right. The law generally does not require
    permits for social, cultural, or religious gatherings; however, any
    gathering of five or more persons related to political, labor, or
    public policy requires police notification, and demonstrations require
    a permit. In general these permits were granted routinely.
        During the year police arrested participants in peaceful
    demonstrations that included the display of illegal separatist symbols
    (see section 2.a.).
        During the year there were a number of large demonstrations
    throughout Papua. Demonstrators complained of police overreaction and
    undue use of force; police said demonstrators initiated the violence by
    throwing rocks and employing traditional weapons such as arrows and
    spears. Police broke up a demonstration in Manokwari, West Papua, on
    April 22, claiming demonstrators had not obtained proper permits. On
    August 2, police broke up another demonstration in Manokwari due to
    permit issues.
        On September 27, police arrested 30 activists peacefully protesting
    the Government's failure to implement an ad-hoc tribunal to investigate
    cases of disappearances as recommended by parliament in 2009 (see
    section 1.b.). Police held the activists for several hours at a police
    station before releasing them.

        Freedom of Association.--The law provides for freedom of
    association, and the Government generally respected it in practice. The
    People's Consultative Assembly banned the Indonesia Communist Party
    (PKI) in 1966. In previous years persons accused of being affiliated
    with the PKI were barred from the civil service and given special
    numbers on their national identity cards.
        Members of Ahmadiyya have not held any national conferences since
    2008, when the Bali police refused to issue them a permit.

        c. Freedom of Religion.--For a description of religious freedom,
    please see the Department of State's 2010 International Religious
    Freedom Report at www.state.gov/g/drl/irf/rpt.

        d. Freedom of Movement, Internally Displaced Persons, Protection of
    Refugees, and Stateless Persons.--The constitution allows the
    Government to prevent persons from entering or leaving the country. The
    Law on Overcoming Dangerous Situations gives military forces broad
    powers in a declared state of emergency, including the power to limit
    land, air, and sea traffic; however, the Government did not use these
    powers. The Government cooperated with the Office of the UN High
    Commissioner for Refugees (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.
        Citizens enjoyed freedom of movement within the country and, with
    few exceptions, were able to travel outside the country. During the
    year the Government continued to restrict freedom of movement for
    foreigners to Papua through a system of ``travel letters,'' but
    enforcement was inconsistent.
        The Government prevented at least 356 persons from leaving and 528
    from entering the country during the year. The immigration office
    prevented these departures at the request of the police, the AGO, the
    Anticorruption Commission (KPK), and the Department of Finance. Some of
    those barred from leaving were delinquent taxpayers, convicted or
    indicted persons, individuals implicated in corruption cases, and
    persons otherwise involved in legal disputes.
        The constitution prohibits forced exile, and the Government did not
    use it. In May the Government restored the citizenship of OPM founder
    Nicholas Jouwe who returned to the country after 40 years of self-
    imposed exile.

        Internally Displaced Persons (IDPs).--In March 2009 the Internal
    Displacement Monitoring Center reported there were between 70,000 and
    120,000 IDPs in the country. Many were displaced due to natural
    disasters, but there were also persons in Papua and West Papua
    displaced by clashes between the security forces and OPM. According to
    the Aceh Recovery Body, only 1,500 IDPs remained in Aceh. According to
    the International Organization for Migration (IOM), IDPs from the
    September 2009 West Sumatra earthquake have largely returned to their
    homes. In the aftermath of the 2008 mudflow in Porong, all mudflow
    refugees left the Porong Market Camp and were staying in temporary
    houses or rented houses while awaiting full compensation payments. In
    July Porong Market started to operate as a market again. The Government
    permitted domestic and international humanitarian organizations to
    access IDP-hosting areas and to assist IDPs. The Government did not
    attack or target IDPs or forcibly return or resettle IDPs under
    dangerous conditions. IDPs generally struggled with poor housing, food
    insecurity, poor access to land, and limited access to education and
    other basic services, according to the Internal Displacement Monitoring
    Center.

        Protection of Refugees.--The country's law does not provide for the
    granting of asylum or refugee status, and the Government has not
    established a system for providing protection to refugees. In practice
    the Government provided some protection against the expulsion or return
    of refugees to countries where their lives or freedom would be
    threatened on account of their race, religion, nationality, membership
    in a particular social group, or political opinion. There were varying
    estimates of the number of refugees and asylum seekers in the country.
    Through the end of September, the UNHCR recognized 557 refugees and
    2,882 asylum seekers. The IOM estimated 1,404 refugees or asylum
    seekers. The Government reported 1,642 refugees or asylum seekers. Some
    were applicants, and others were dependents. Most were from Sri Lanka,
    Iraq, Afghanistan, or Burma.
        The Government prohibited refugees from working and accessing
    public elementary education.
        During the year the Government reportedly agreed to release nearly
    200 UNHCR-registered refugees in detention centers into the care of
    IOM.
        Approximately 75,000 ex-East Timorese refugees resided in West
    Timor. During 2005-09, the Government provided 11,000 houses for 55,000
    former refugees in Kupang, Timor Tengah Selatan, Timor Tengah Utara,
    and Belu regencies. Approximately 500 families remained in a shelter in
    Kupang. Conflicts, mostly involving land disputes, between local people
    and former refugees sometimes occurred.
    Section 3. Respect for Political Rights: The Right of Citizens to
            Change Their Government
        The law provides citizens with the right to change their government
    peacefully, and citizens exercised this right in practice through
    periodic, free, and fair elections held on the basis of universal
    suffrage.
        The constitution provides for national elections every five years.
    DPR members automatically are members of the People's Consultative
    Assembly, a fully elected body consisting of the 550 DPR members and
    128 members of the House of Regional Representatives (DPD).

        Elections and Political Participation.--In July 2009 President
    Yudhoyono was reelected overwhelmingly in generally free and fair
    elections.
        In April 2009 the country conducted its third democratic
    legislative elections. These were a complex affair with voters
    receiving ballots for the DPR, the DPD, provincial parliaments, and
    regency and city councils. Thirty-eight national parties competed in
    the elections, with an additional six parties in Aceh Province only.
    Irregularities occurred, requiring 245 reruns in 10 provinces.
    Observers concluded the vast majority of irregularities involved
    logistical difficulties (primarily due to faulty voter list data)
    rather than malfeasance. Some violence and intimidation also marred the
    legislative election campaign in Aceh, Papua, and West Papua. In
    general, domestic and foreign observers found the elections free and
    fair.
        Parties were required to win a minimum of 2.5 percent of the
    national vote to qualify for a seat in the DPR. Nine parties met this
    threshold and won seats in parliament. There was a delay in final
    legislative seat allocations, because the Constitutional Court, the
    Supreme Court, and the National Election Commission had different
    allocation systems; the Constitutional Court's ruling prevailed. The
    top three vote getters were secular, nationalist parties, followed by
    the four largest Islamic-oriented parties. President Yudhoyono's
    Democrat Party won a plurality of seats, while then-Vice President
    Kalla's Golkar Party finished in second place. The major opposition
    party, the Indonesia Democratic Party-Struggle, led by Megawati
    Sukarnoputri, finished in third place.
        All adult citizens, age 17 or older, are eligible to vote except
    active members of the military and the police, convicts serving a
    sentence of five years or more, persons suffering from mental
    disorders, and persons deprived of voting rights by an irrevocable
    verdict of a court of justice. Married juveniles are legally adults and
    allowed to vote.
        In 2007 the Constitutional Court ruled independent candidates could
    run for local office and that a political party's nomination was not
    required.
        During the year there were 244 regional elections scheduled; there
    were also elections for seven governors and 237 mayors/regents. In
    August, of 57 candidates not identified with a political party, only
    one was victorious, in the district of Sidoarjo, East Java.
        During the year the Constitutional Court received 230 requests to
    adjudicate election disputes. Of these, 224 were decided, with 26
    rulings in favor of complainants. As a result of the decisions, there
    were election reruns in Surabaya, Manado, and Merauke. In addition, the
    court called for election reruns in Mandailing Natal and in South
    Tangerang City. At year's end six cases were pending.
        In a few isolated cases, local elections led to civil disturbances.
    For example, on May 21, supporters of a candidate disqualified because
    he had not passed a required medical examination rioted in Mojokerto,
    East Java. The rioters attacked official buildings and burned dozens of
    official cars. Thirteen persons were injured. Despite this incident,
    the June 7 election went smoothly.
        In other cases, on June 1, supporters of a disqualified candidate
    for regent burned ballots and ballot boxes in seven district offices in
    Toli-Toli, Central Sulawesi. On June 8, approximately 400 supporters of
    a losing candidate clashed with police personnel and threw stones at
    the election commission office in Bima, West Nusa Tenggara. The crowd
    also destroyed a political party's office and burned a car. Clashes
    broke out again on June 14, injuring dozens of persons.
        In South Sulawesi, on June 23, thousands of persons threw stones
    and destroyed the election commission office in Tana Toraja, claiming
    the election commission was not neutral. They also burned ballot
    papers, burned cars, and destroyed four district offices, the speaker
    of the local parliament's residence, the election monitoring board's
    office, and the Golkar office. On June 26, thousands of supporters of
    six losing candidates rioted in Soppeng. They burned the election
    commission's office, burned dozens of ballot boxes, and destroyed four
    district offices. Also on June 26, an unidentified group of people
    threw Molotov cocktails at the Tanralili district office in Maros
    following local elections in this regency. A clash also broke out on
    the same day between supporters of two candidates in Gowa. No
    casualties were reported in this clash.
        There are no legal restrictions on the role of women in politics. A
    law on political parties mandated that women make up 30 percent of the
    founding members of a new political party. An election law, which
    included a nonbinding clause for parties to select women for at least
    30 percent of the candidate slots on their party lists, ensured parties
    put forward more women candidates. The Constitutional Court invalidated
    this clause when it struck down the law and ruled voters for the first
    time could directly elect their representatives, regardless of their
    position on party lists. The number of women in parliament increased
    significantly, from 11 percent to 18 percent of the DPR seats in the
    April 2009 elections. During the year women held five of 37 cabinet-
    level positions.
        At the provincial level, there was one female governor and one vice
    governor. Women held disproportionately few leadership positions in
    local government in some provinces; for example, in Aceh the highest
    position held by a woman was that of deputy mayor, in the city of Banda
    Aceh.
        Women played an increasingly important political role in East Java.
    The number of female members of the Surabaya city parliament increased
    from four in the previous parliament to 15, or 30 percent of the total.
    In the East Java provincial parliament, the female members of
    parliament increased from 16 percent to 19 percent of the total. More
    women also became regents and mayors in East Java, such as the regent
    of Tuban, the regent of Banyuwangi, and the Surabaya mayor.
        With the exception of Aceh Province, where non-Muslims were
    effectively blocked from political office by a requirement that all
    candidates must demonstrate their ability to read the Qur'an in Arabic,
    there were no legal restrictions on the role of minorities in politics.
    There were no official statistics on the ethnic backgrounds of
    legislators in the DPR. President Yudhoyono's cabinet consisted of a
    plurality of Javanese, with others being of Sundanese, Bugis, Batak,
    Acehnese, Papuan, Balinese, and Chinese heritage.
    Section 4. Official Corruption and Government Transparency
        The law provides criminal penalties for official corruption, and
    the Government generally implemented these laws effectively. Despite
    the arrest and conviction of many high-profile and high-powered
    officials, there was a widespread domestic and international perception
    that corruption was a part of daily life. Both the KPK and the AGO
    under the deputy attorney general for special crimes have jurisdiction
    over investigation and prosecution of corruption cases. During the year
    the KPK conducted 62 inquiries, 55 investigations, and 55 prosecutions.
    As a result of the KPK's prevention and prosecutorial activities, it
    recovered a total of approximately 170 billion rupiah (approximately
    $18.8 million) in state assets. In addition, it prevented the loss of
    more than 500 billion rupiah ($55.5 million) in state assets, according
    to the KPK's annual report. Between January and November, the AGO
    reported recovering 354.6 billion rupiah ($34.9 million).
        Widespread corruption throughout the legal system continued. Bribes
    and extortion influenced prosecution, conviction, and sentencing in
    civil and criminal cases. During the year the National Ombudsman
    Commission reported receiving 160 complaints of judicial corruption
    involving judges, clerks, and lawyers. Key individuals in the justice
    system were accused of accepting bribes and of turning a blind eye to
    other government offices suspected of corruption. Legal aid
    organizations reported cases often moved very slowly unless a bribe was
    paid.
        As a result of an independent fact-finding team's investigation,
    President Yudhoyono formed a Task Force to Eradicate Judicial Mafia to
    investigate the network of case brokers and influence peddlers who act
    as intermediaries in judicial cases. As of December 9, the task force
    had received 3,483 complaints, with 667 cases related to land rights
    issues; 397 cases related to corruption, collusion, and nepotism; 262
    cases of fraud and embezzlement; and 135 cases of extortion, bribery,
    abuse of authority, and document forgery.
        Police commonly extracted bribes ranging from minor payoffs in
    traffic cases to large bribes in criminal investigations. Corrupt
    officials sometimes subjected migrants returning from abroad,
    particularly women, to arbitrary strip searches, theft, and extortion.
        On September 1, the KPK named 25 suspects, primarily former and
    current members of parliament, as suspects in a bribery case related to
    vote buying during the 2004 selection of the Bank of Indonesia's senior
    deputy governor. At the end of the year, however, they had not
    questioned Nunun Nurbaeti, who allegedly distributed billions of rupiah
    in traveler's checks to buy votes to help elect Miranda Goeltom.
        On March 31, Gayus Tambunan, a tax directorate official, was
    arrested in Singapore on corruption charges. Gayus allegedly bribed
    police, prosecutors, and a judge during an investigation of his case in
    tax court. Following his arrest, police investigated and arrested
    several persons in the police Criminal Investigations Division (CID).
    Following this arrest, Gayus allegedly bribed prison officials to
    obtain temporary release from prison on a number of occasions and
    reportedly led an active social life including international travel.
        On May 10, police arrested Susno Duadji, fomer head of the CID, on
    suspicion of involvement in several corruption cases.
        On August 4, the Supreme Court found As'ad Syam, regent of
    Muarojambi during the 1999-2004 period, guilty of corruption in the
    misuse of the regional government budget and sentenced him to four
    years' imprisonment.
        Anticorruption reform appeared to have become a tool in a political
    power struggle with legislators and others criticizing members of
    President Yudhoyono's administration over the 2008 bailout of Bank
    Century. At year's end neither the KPK nor other investigators had
    found any evidence of fraud on the part of the Government in the
    bailout. KPK leadership continued to come under attack during the year,
    in particular deputy commissioners Bibit Samad Rianto and Chandra M.
    Hamzah.
        By law, senior government officials, as well as other officials
    working in certain agencies, are required to file financial disclosure
    reports.
        On April 30, the 2008 Freedom of Information Act, which grants
    citizens access to governmental information and provides mechanisms
    through which citizens can obtain such information, came into effect.
    The law allows for a protected class of ``secret'' information,
    including information on: state defense and security; law enforcement
    investigation and activities; public officials; and business interests
    of state-owned enterprises. At year's end many government entities were
    unprepared to implement the law.
        The Alliance of Independent Journalists reported no problems for
    the media in obtaining unclassified public documents from the
    Government.
    Section 5. Governmental Attitude Regarding International and
            Nongovernmental Investigation of Alleged Violations of Human
            Rights
        Domestic human rights organizations operated throughout the country
    and actively advocated for improvements to the Government's human
    rights performance; the Government met with local NGOs, responded to
    their inquiries, and took some actions in response to NGO concerns.
    However, some government officials, particularly in Papua, subjected
    the organizations to monitoring, harassment, and interference as well
    as threats and intimidation. Activists said intelligence officers took
    their pictures surreptitiously and sometimes questioned their friends
    and family members regarding their whereabouts and activities.
        On July 8, unidentified persons assaulted Tama Langkun, an activist
    with Indonesia Corruption Watch who was investigating a police
    corruption case. At year's end, police had made no arrests related to
    this case.
        Other human rights and anticorruption activists reported
    threatening messages and other intimidation.
        The Government generally viewed outside investigations or foreign
    criticism of its human rights record as interference in its internal
    affairs. The security forces and intelligence agencies tended to regard
    with suspicion foreign human rights organizations, particularly those
    operating in conflict areas. Government monitoring of foreigners
    occurred in conflict areas. Some domestic human rights organizations
    expressed concern about the possible negative consequences of
    contacting foreigners.
        A number of government agencies and affiliated bodies addressed
    human rights problems, including the Ministry of Law and Human Rights,
    the Ministry of Foreign Affairs, the Ministry of Women's Empowerment,
    the National Commission on Violence Against Women (Komnas Perempuan),
    and Komnas HAM. In 2008 the AGO rejected Komnas HAM's recommendations
    to file charges in four incidents dating from 1998 to 2004 including
    Wamena-Wasior, Trisakti, Semanggi I and II, and forced disappearances.
        In September 2009 the DPR approved the formation of an ad hoc
    tribunal that could investigate and prosecute the disappearance of
    human rights activists. Twenty-four human rights activists and students
    disappeared between 1997 and 1998; 10 later resurfaced, accusing the
    military of kidnapping and torture. One body was found, and 13
    activists remained missing. However, parliament failed to approve
    action regarding other cases of human rights violations that occurred
    before 2000. By year's end the Government had not established this
    tribunal.
        Although the 2006 Law on the Government of Aceh states a human
    rights court would be established in Aceh, it was not established by
    year's end.
        In 2008 the Commission on Truth and Friendship (CTF), established
    by the Governments of Indonesia and Timor-Leste in 2005 to address
    human rights violations committed in Timor-Leste in 1999, delivered its
    final report to the two governments' presidents. The report recognized
    gross violations of human rights occurred prior to and immediately
    after the popular consultation in East Timor in 1999. The report's
    recommendations for Indonesia included a human rights training program
    emphasizing that the military remain neutral in political controversies
    and elections and enhanced authority for institutions charged with
    investigation and prosecution for human rights violations. The
    Government disseminated the CTF recommendations within the Government,
    and a variety of ministries began carrying out the recommendations.
        The Indonesian judicial processes either acquitted or eventually
    overturned all convictions of Indonesian defendants--two Indonesians of
    Timorese descent served some jail time for crimes in 1999--despite
    overwhelming evidence that Indonesian civilians and security forces
    committed gross human rights violations. An estimated 300 Indonesians
    indicted by the UN-Timor-Leste Serious Crimes Unit remained in
    Indonesia.
    Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
        The constitution does not explicitly prohibit discrimination based
    on gender, race, disability, language, or social status. It provides
    for equal rights for all citizens, both native and naturalized.
    However, in practice the Government sometimes failed to defend these
    rights.

        Women.--Reliable nationwide statistics on the incidence of rape
    continued to be unavailable. The legal definition of rape is narrow and
    excludes marital rape. Light sentences continued to be a problem. Rape
    is punishable by four to 14 years in prison, and the Government
    imprisoned perpetrators for rape and attempted rape; however, many
    convicted rapists were given the minimum sentence.
        The law prohibits domestic abuse and other forms of violence
    against women. However, domestic violence was a problem. Violence
    against women remained poorly documented by the Government. Nationwide
    figures were unavailable. Officials from the Ministry of Women
    Empowerment stated that 11,469 cases of violence against women were
    reported from 20 provinces during the year. Most NGOs working on women
    and children's issues believed the real figure was far higher, noting
    the tendency of many victims to keep silent. Komnas Perempuan reported
    domestic violence was the most common form of violence against women.
        Social pressure forced many women not to report spousal abuse.
    Through the month of October, the Women's Legal Aid Foundation received
    722 complaints of spousal abuse, including rape and sexual harassment.
    Two types of crisis centers were available for abused women:
    government-run centers in hospitals and NGO centers in the community.
        Nationwide the police operated ``special crisis rooms'' or
    ``women's desks'' where female officers received criminal reports from
    female and child victims of sexual assault and trafficking and where
    victims found temporary shelter.
        According to NGOs, some female genital mutilation (FGM) of women
    over the age of 18 occurred. A Ministry of Health decree forbids
    medical personnel from performing such procedures; however, this did
    not affect traditional circumcisers and birth attendants, who did most
    female circumcisions.
        International sex tourism and child sex tourism continued,
    especially on the islands of Batam and Karimun and in major urban
    centers across the country.
        Although not explicitly mentioned, sexual harassment is against the
    law and is actionable under the criminal code.
        The Government recognizes the right of individuals and couples to
    choose the number, spacing, and timing of children. Although the
    Government subsidized and provided access to contraception throughout
    the country, women were sometimes denied the opportunity to select the
    contraceptive methods best suited to their needs or preferences,
    according to a November Amnesty International report. The report
    indicated that unmarried women in particular were not provided adequate
    access to contraceptives. According to NGOs, 55 percent of married
    women used contraception. According to the 2007 Demographic and Health
    Survey, 93 percent of women received medical prenatal care. The
    maternal mortality ratio according to 2008 UN statistics was 240 per
    100,000 live births. Informed sources believed that 79 percent of women
    had skilled birth attendants at delivery and 32 percent received
    prenatal or postnatal obstetric care. Government policy provides that
    women and men had equal access to diagnosis and treatment for sexually
    transmitted infections, including HIV.
        The law states that women have the same rights, obligations, and
    opportunities as men; however, it also states that women's
    participation in the development process must not conflict with their
    role in improving family welfare and educating the younger generation.
    The marriage law designates the man as the head of the family. Women in
    many regions of the country, particularly in Papua, complained about
    differential treatment based on gender.
        Divorce is available to both men and women. Many divorcees received
    no alimony, since there was no system to enforce such payments. If
    there is no prenuptial agreement, joint property is divided equally.
    The law requires a divorced woman to wait 40 days before remarrying; a
    man can remarry immediately. The Government continued to implement
    Sharia in Aceh. The impact of this implementation varied across the
    province but, continuing the pattern of the last few years, in general
    appeared to be less intrusive due to improved government oversight of
    the Sharia police. The most visible impact on women's rights appeared
    to be the enforcement of dress codes. It was not uncommon for Sharia
    police to briefly stop and lecture women whose dress did not conform to
    local Sharia requirements on appropriate attire.
        Local governments and groups in areas outside Aceh also undertook
    campaigns to promote conformity by women with the precepts of Sharia.
    Local regulations in some areas mandated the wearing of Islamic dress
    by government employees. Vigilance in enforcing separation of sexes,
    fasting, and dress codes increased during Ramadan.
        Women faced discrimination in the workplace, both in hiring and in
    gaining fair compensation; however, there has been progress in that
    area. According to International Labor Organization (ILO) reports,
    women's hourly wages as a percentage of men's wages increased from 78
    percent in 2004 to 83 percent in 2008. Women in administrative and
    managerial jobs reportedly earned more than their male counterparts in
    2008. However, women were still underrepresented at the managerial
    level. According to the Government, women constituted 43 percent of all
    civil servants but less than 7 percent of senior officials. Some
    activists said that in manufacturing, employers relegated women to
    lower-paying, lower-level jobs. Like their male counterparts, many
    female factory workers were hired as day laborers instead of as full-
    time permanent employees, and companies were not required to provide
    benefits, such as maternity leave, to day laborers. By law, if both
    members of a couple worked for a government agency, the couple's head-
    of-household allowance was given to the husband.
        Jobs traditionally associated with women continued to be
    significantly undervalued and unregulated. For example, domestic labor
    receives little legal protection. Under the labor law, domestic workers
    are not provided with a minimum wage, health insurance, freedom of
    association, an eight-hour work day, a weekly day of rest, vacation
    time, or safe work conditions. Consequently, as reported by NGOs,
    abusive treatment and discriminatory behaviour continued to be rampant.

        Children.--Citizenship is acquired primarily through one's parents;
    however, it can be acquired through birth in national territory.
    Although the law provides for free birth registration, it was not
    enforced, and approximately 30 percent of citizen births were not
    registered. Without birth registration, families may face difficulties
    in accessing government-sponsored insurance benefits and enrolling
    children in schools. It was often impossible to be certain of a child's
    age, and ages were falsified on identity cards, sometimes with the
    cooperation of government officials.
        Although the law provides for free education, in practice most
    schools were not free of charge, and poverty put education out of the
    reach of many children. By law children are required to attend six
    years of elementary school and three years of junior high school;
    however, in practice the Government did not enforce these requirements.
    Although girls and boys received equal educational opportunities, boys
    were more likely to finish school.
        Some provinces and districts, such as South Sumatra Province and
    Serdang Bedagai District in North Sumatra Province, have local policies
    for compulsory education for 12 years or up to senior secondary.
        The national government provided educational assistance to 2.2
    million of the 26 million elementary school students, 10 percent of
    whom were from poor families. The Government categorized as poor a
    person earning 250,000 rupiah ($28) or less per month.
        Child labor and sexual abuse were serious problems. According to
    the National Commission for Child Protection (Komnas Perlindungan Anak)
    estimates, between 70,000 and 90,000 children were victims of sexual
    abuse during the year. The Child Protection Act addresses economic and
    sexual exploitation of children as well as adoption, guardianship, and
    other issues; however, some provincial governments did not enforce its
    provisions. Child abuse is prohibited by law, but government efforts to
    combat it generally continued to be slow and ineffective. NGOs reported
    excessively long waits to bring a child rape case to court and unclear
    mechanisms for reporting and dealing with child abuse.
        FGM was practiced in many parts of the country, and there are no
    laws specifically banning the practice. Complications from the FGM
    surgical procedures reportedly were minimal. Some NGO activists
    dismissed any claims of mutilation, saying the ritual as practiced in
    the country was largely symbolic. In 2007 the minister of women's
    empowerment called for a complete ban of the practice. In 2006 the
    Ministry of Health banned FGM by doctors and nurses. However, symbolic
    female circumcisions that did not involve physical damaging of the
    child could be carried out, and violators of the ban did not face
    prosecution. According to NGOs, the practice remains prevalent in the
    country. NGO activists said that female circumcision was seen as a
    religious duty.
        The legal distinction between a woman and a girl was not clear. The
    law sets the minimum marriageable age at 16 for a woman (19 for a man),
    but the Child Protection Law states persons under age 18 are children.
    A girl who marries has adult legal status. Girls frequently married
    before reaching the age of 16, particularly in rural and impoverished
    areas.
        According to ILO data from 2007, there were 21,000 child
    prostitutes in Java. Nationally, the ILO estimated 40,000 to 70,000
    children were the victims of sexual exploitation. Many teenage girls
    were forced into prostitution, often through debt bondage. NGOS and
    government officials believe the number is rising.
        Although government policy was not to detain or imprison victims of
    child sexual exploitation, some victims reportedly were treated as
    criminals and penalized for prostitution activities. Corrupt civil
    servants issued falsified identity cards to underage girls,
    facilitating entry into the sex trade. There also were reports of
    sexual exploitation of boys. The country was a destination for child
    sex tourism. During the year NGOs reported that pedophile rings
    continued to operate in Bali. NGO observers said many girls were forced
    into prostitution after failed marriages entered into when they were 10
    to 14 years of age. There was no obvious violation of the law because
    their paperwork identified them as adults due to the fact that they
    were once married.
        Wahana Visi, an NGO in Surabaya, found that most of the 300
    children living in the Dolly prostitution area in Surabaya experienced
    abuse and violence. The East Java Integrated Service Center recorded
    253 cases of violence against children in 2009 and 149 cases between
    January and June.
        Komnas Perlindungan Anak reported that during the year, it received
    2,335 complaints regarding cases of violence against children.
        In a February survey of 736 street children in Jakarta and Depok by
    the Ministry of Social Affairs, 14 children admitted they have been
    victims of sexual abuse, 31 had been raped, and 175 suffered physical
    abuse. The ministry estimated there were 230,000 street children, and,
    at least in some areas, the percentage of girls among street children
    seemed to be growing.
        According to Komnas Perlindungan Anak, 6.5 million children under
    the age of 18 were working because of poverty.
        There is no statutory rape law or an established age for consensual
    sex. The 2008 Pornography Law prohibits child pornography and
    establishes penalties.
        Substantial numbers of street children were apparent in Jakarta and
    the provinces of East Java, West Java, North Sumatra, and South
    Sulawesi. At the end of the year, officials from the Ministry of Social
    Affairs reported that there were at least 8,000 street children living
    in Jakarta. East Java was home to more than 8,200 street children, many
    reportedly susceptible to sexual abuse and violence. Approximately 40
    shelters in the province provided services to such children. According
    to the Ministry of Social Affairs, at the end of the year there were
    1,030 children under the supervision of various rehabilitation centers
    in Jakarta. The Government continued to fund other shelters
    administered by local NGOs and paid for the education of some street
    children.
        A UN report found that juvenile detainees in prisons across Java
    were subjected to harsh conditions. The report noted both police and
    other inmates subjected children as young as 10 to severe physical
    abuse. Although children were detained in juvenile detention centers,
    due to the high number of detainees children frequently were mixed with
    the general population in both jails and prisons, increasing the
    potential for abuse.
        During the year the Directorate General of Corrections reported
    that there were 2,054 children in the prison and detention center
    population. NGOs reported that the Government paid little attention to
    the rights of juvenile offenders. Juveniles were held in the same
    detention facilities as adults during pretrial and trial phases of
    detention and frequently experienced abuse while in detention.
    According to the Government, 5,760 children received jail sentences
    during the year.
        The country is not a party to the 1980 Hague Convention on the
    Civil Aspects of International Child Abduction. For information on
    international parental child abduction, please see the Department of
    State's annual report on compliance at http://travel.state.gov/
    abduction/country/country--3781.html.

        Anti-Semitism.--The Jewish population was extremely small. On June
    6, demonstrators gathered outside the Beth Hashem synagogue in
    Surabaya, East Java, to protest Israeli government actions related to
    the Gaza relief flotilla incident. Protesters burned the Israeli flag
    and tried unsuccessfully to enter the synagogue. There were no injuries
    or damage to the synagogue. Although the Government promoted tolerance
    education in primary schools, there was no specific curriculum devoted
    exclusively to anti-Semitism education.

        Trafficking in Persons.--For information on trafficking in persons,
    please see the Department of State's annual Trafficking in Persons
    Report at www.state.gov/g/tip.

        Persons With Disabilities.--The Government classifies persons with
    disabilities into three categories: physically disabled, intellectually
    disabled, and physically and intellectually disabled. These categories
    are further divided for schooling. The law prohibits discrimination
    against persons with physical and mental disabilities in employment,
    education, access to health care, or the provision of other state
    services. The law also mandates accessibility to public facilities for
    persons with disabilities; however, the Government did not enforce this
    provision. The Government estimated that approximately 3.7 percent of
    the population had a disability. However, one NGO found 16.8 percent of
    the population in West Java had a significant hearing deficiency.
        The Government restricts the rights of persons to vote or
    participate in civil affairs by not enforcing accessibility laws.
        Few buildings and virtually no public transportation facilities
    were accessible to persons with disabilities. The law requires
    companies that employ more than 100 workers to set aside 1 percent of
    positions for persons with disabilities. However, the Government did
    not enforce the law, and persons with disabilities faced considerable
    discrimination.
        In urban areas only a few city buses offered wheelchair access, and
    many of those had their hydraulic lifts vandalized, rendering them
    unusable. Few companies provided facilities for persons with
    disabilities, and fewer companies employed such persons. Surabaya's
    airport opened in 2006 and was not accessible for persons with
    disabilities. Lack of funds was generally cited as the primary reason
    for not improving accessibility.
        Access to information and communications technology for persons
    with disabilities is limited. The Government taxes hearing aids as
    electronics, rather than medical equipment, making them prohibitively
    expensive.
        On September 15, Garuda Indonesia Airlines blocked Irwan Subena, a
    blind passenger, from boarding his return flight from Makassar to
    Denpasar.
        In 2003 the Government stated the country was home to 1.3 million
    children with disabilities; the actual number was believed to be much
    higher. The law provides children with disabilities with the right to
    an education and rehabilitative treatment. A government official
    alleged many parents chose to keep children with disabilities at home;
    however, many schools refused to accommodate such children, stating
    they lacked the resources to do so. According to 2008-09 government
    statistics, there were 1,686 schools dedicated to educating children
    with disabilities, 1,274 of them run privately. According to NGOs, more
    than 90 percent of blind children were illiterate. Some young persons
    with disabilities resorted to begging for a living. Children with
    disabilities were sent to separate schools, and mainstream education
    was extremely rare. The country's universities did not offer a degree
    in special education.
        During the year NGOs reported that people with disabilities were
    housed in care facilities in unsafe, dirty conditions throughout Riau
    Province. The Government has taken no action.
        The Ministry of Social Affairs is responsible for protecting the
    rights of persons with disabilities. To date, they have taken no
    actions to improve respect for the rights of persons with disabilities.

        National/Racial/Ethnic Minorities.--The Government officially
    promotes racial and ethnic tolerance. Ethnic Chinese accounted for
    approximately 3 percent of the population, played a major role in the
    economy, and increasingly participated in politics. However, some
    ethnic Chinese noted that, despite recent reforms, public servants
    still discriminated against them when issuing marriage licenses and in
    other services and often demanded bribes for a citizenship certificate,
    although such certificates were no longer legally required. A number of
    articles of law, regulation, or decree discriminated against ethnic
    Chinese citizens. NGOs such as the Indonesia Antidiscrimination
    Movement urged the Government to revoke the remaining discriminatory
    articles. Discussions of corruption on local blogs at times degenerated
    into racial diatribes.

        Indigenous People.--The Government viewed all citizens as
    ``indigenous''; however, it recognized the existence of several
    ``isolated communities'' and their right to participate fully in
    political and social life. These communities include the myriad Dayak
    tribes of Kalimantan, families living as sea nomads, and the 312
    officially recognized indigenous groups in Papua. During the year
    indigenous persons, most notably in Papua, remained subject to
    widespread discrimination, and there was little improvement in respect
    for their traditional land rights. Mining and logging activities, many
    of them illegal, posed significant social, economic, and logistical
    problems to indigenous communities. The Government failed to prevent
    companies, often in collusion with the local military and police, from
    encroaching on indigenous peoples' land. In Papua tensions continued
    between indigenous Papuans and migrants from other provinces, between
    residents of coastal and inland communities, and among indigenous
    tribes.
        Human rights activists asserted the Government-sponsored
    transmigration program transplanting poor families from overcrowded
    Java and Madura to less populated islands violated the rights of
    indigenous people, bred social resentment, and encouraged the
    exploitation and degradation of natural resources on which many
    indigenous persons relied. In some areas, such as parts of Sulawesi,
    the Malukus, Kalimantan, Aceh, and Papua, relations between
    transmigrants and indigenous people were poor.
        In Tarakan, East Kalimantan, tensions between migrant Bugis and
    indigenous people turned violent; between September 26 and September
    30, five persons died in communal fighting sparked by the death of an
    indigenous person, reportedly at the hands of migrant Bugis.

        Societal Abuses, Discrimination, and Acts of Violence Based on
    Sexual Orientation and Gender Identity.--The 2008 Pornography Law bans
    gay and lesbian sex. In addition, local regulations across the country
    criminalize gay and lesbian sex. According to NGOs, many persons
    characterized lesbian, gay, transgender, and bisexual (LGBT) issues as
    socially taboo. The Government took almost no action to prevent
    discrimination against LGBT persons, and in some cases failed to
    protect LGBT individuals from societal abuse. Police corruption, bias,
    and violence caused LGBT individuals to avoid interaction with police.
    Sharia police in Aceh reportedly harassed transgender individuals. NGOs
    reported LGBT individuals were sometimes ostracized by religious
    groups, family members, and the general public.
        LGBT organizations and NGOs operated openly. However, certain
    religious groups sporadically disrupted LGBT gatherings, and
    individuals were sometimes victims of police abuse.
        On March 26-28, hundreds of activists from a number of hard-line
    Muslim groups, including the Islamic Defenders Front (FPI), disrupted
    an international LGBT conference in Surabaya, forcing their way into
    the hotel hosting the conference. Local police refused to issue a
    permit to the conference organizers in the face of hard-line
    opposition. The hard-line groups then forced the cancellation of the
    conference by forcing entry and occupying the hotel where the
    conference was being held.
        On April 30, members of FPI disrupted training for transgender
    activists conducted by the National Human Rights Commission (Komnas
    HAM).
        Throughout May and June, LGBT organizations across the country
    commemorated the International Day Against Homophobia. Organizers held
    public discussion groups, marched, and engaged in other activities
    raising awareness of LGBT issues. However, local officials and groups
    forced the cancellation of at least one event. After threats from FPI,
    organizers in Yogyakarta cancelled an open-air concert scheduled for
    May 22. Organizers in Surabaya opted not to hold a parade in the wake
    of a disrupted conference in March.
        Protesters from FPI and local universities disrupted an
    internationally supported LGBT film festival in Jakarta in September.
    Mainstream Islamic organizations, including the head of the Indonesian
    Council of Ulema, also condemned the festival.
        NGOs documented instances of government officials not issuing
    identity cards to LGBT individuals.

        Other Societal Violence or Discrimination.--Stigma and
    discrimination against persons with HIV/AIDS were pervasive. However,
    government policy encouraged tolerance, took steps to prevent new
    infections, and provided free antiretroviral drugs, although with
    numerous administrative barriers. The Government position of tolerance
    was adhered to unevenly at all levels of society; for example,
    prevention efforts often were not aggressive for fear of antagonizing
    religious conservatives, and in addition to barriers to access to free
    antiretroviral drugs, potential recipients had to pay medical fees that
    put the cost beyond the reach of many.
    Section 7. Worker Rights

        a. The Right of Association.--The law provides broad rights of
    association for workers in the private sector but places restrictions
    on organizing among public sector workers. Workers in the private
    sector formed and joined unions of their choice without previous
    authorization or excessive requirements. The law stipulates that 10 or
    more workers have the right to form a union, with membership open to
    all workers, regardless of political affiliation, religion, ethnicity,
    or gender. To form a collective bargaining unit, a union must receive
    the support of at least 50 percent of employees in an establishment.
    The Ministry of Manpower and Transmigration records, rather than
    approves, the formation of a union, federation, or confederation and
    provides it with a registration number. In recent years some unions
    reported local ministry offices prejudicially recommended denial of
    registration.
        To remain registered, unions must keep the Government informed
    about changes in their governing bodies. The law allows the Government
    to petition the courts to dissolve a union if it conflicts with the
    state ideology (Pancasila) or the constitution. A union also may be
    dissolved if its leaders or members, in the name of the union, commit
    crimes against the security of the state and are sentenced to at least
    five years in prison. Once a union is dissolved, its leaders and
    members may not form another union for at least three years. There were
    no reports that the Government dissolved any unions during the year.
        Although the law recognizes civil servants' freedom of association
    and right to organize, employees of several ministries may only form
    employee associations, with more limited rights. In particular they do
    not have the right to strike. Union organizations sought to organize
    government employees, as well as state-owned enterprise (SOE)
    employees, although they encountered resistance from enterprise
    management, and the legal basis for registering unions in SOEs remained
    unclear.
        During the year, according to labor sources, 10 percent of workers
    in the formal sector were trade union members, and more than 35 percent
    of workers in the service sector belonged to unions. According to the
    National Statistics Bureau, as of August the total workforce was 116.5
    million workers, of whom 108.2 million were employed. Most union
    members were permanent rather than contract workers. As of February the
    National Statistics Bureau estimated that 65.6 percent of workers were
    in the informal sector.
        The right to strike is recognized but substantially restricted
    under the law. Under the Manpower Development and Protection Act (the
    Manpower Act), workers must give written notification to the
    authorities and to the employer seven days in advance for a strike to
    be legal, specifying the starting and ending time of the strike, venue
    for the action, reasons for the strike, and including signatures of the
    chairperson and secretary of the striking union. A ministerial
    regulation declares illegal all strikes at ``enterprises that cater to
    the interests of the general public or at enterprises whose activities
    would endanger the safety of human life if discontinued.'' Types of
    enterprises included in this classification are not specified, leaving
    it to the Government's discretion. The same regulation also classifies
    strikes as illegal if they are ``not as a result of failed
    negotiations'' and gives employers' additional leeway to obstruct a
    union's move to strike.
        Before workers can strike, they must engage in lengthy mediation
    with the employer and proceed to mediation facilitated by a government
    mediator or risk having the strike declared illegal. Due in part to
    cumbersome restrictions, strikes tended to be unsanctioned or
    ``wildcat'' strikes that broke out after a failure to settle long-term
    grievances or when an employer refused to recognize a union. In the
    case of an illegal strike, an entrepreneur may make two written appeals
    within a period of seven days for workers to return. Workers who do not
    respond to those appeals are considered to have resigned. Employers
    commonly used such appeals as intimidation tactics against strikers.
        The primary reasons for strikes during the year were 1) demand for
    an increase in salary, 2) suspension of overtime payment and/or regular
    salary, 3) unjust dismissal of workers, and 4) the illegal use of
    contract workers. One notable ``wildcat'' strike occurred over the
    disparity between the salaries of citizens versus foreign ``expert''
    salaries. During the year workers staged protests in major cities
    demanding companies pay into the national social security system, put
    an end to corrupt business practices, and that the Government pass the
    social-safety-net bill, which is under discussion in the parliament.

        b. The Right to Organize and Bargain Collectively.--The law
    provides for collective bargaining and allows workers' organizations
    that register with the Government to conclude legally binding
    collective labor agreements (CLAs) with employers and to exercise other
    trade union functions. The law includes some restrictions on collective
    bargaining, including a requirement that a union or unions represent
    more than 50 percent of the company workforce to negotiate a CLA. The
    Manpower Act, which regulates collective bargaining, the right to
    strike, and general employment conditions, does not apply to SOEs. At
    year's end the Government continued to fail to issue implementing
    regulations on the right to organize and bargain collectively.
        According to the Manpower Ministry, approximately 25 percent of
    companies with more than 10 employees had CLAs. Although most of these
    agreements went beyond the legal minimum provisions set by the
    Government, more than a third of employers reportedly violated the
    terms of the CLA with relative impunity.
        The law prohibits employment discrimination against union
    organizers and members and provides penalties for violations; however,
    in many cases the Government did not effectively enforce the law.
    Employer retribution against union organizers, including dismissals and
    violence, were not prevented effectively or remedied in practice. Some
    employers threatened employees who made contact with union organizers.
    Management singled out strike leaders for layoffs when companies
    downsized. Legal requirements existed for employers to reinstate
    workers fired for union activity, but, in many cases, the Government
    did not enforce this effectively.
        Legal procedures were lengthy, with antiunion discrimination cases
    sometimes taking up to six years. Bribery and judicial corruption in
    workers' disputes continued, and decisions often were not in workers'
    favor. While dismissed workers may be compensated, they were rarely
    reinstated. Companies sometimes transferred union leaders to jobs where
    they could not continue their union activities. Managers in some
    locations reportedly employed thugs to intimidate and assault trade
    union members who attempted to organize legal strike actions, and at
    times, the police intervened inappropriately and with force in labor
    matters, usually to protect employers' interests.
        Employees at the Surabaya Zoo established a labor union in June.
    However, the zoo management attempted to stop the union from operating.
    Police and forest rangers threatened the labor union members and tore
    down the labor union's signboards. Labor activists received threats if
    they continued to assist with unionization. One employee was fired for
    her role in the establishment of the union. Only 70 out of Surabaya
    Zoo's 200 employees have joined the labor union. Management reduced the
    salary and benefits of those who joined the union.
        In recent years employers have repeatedly filed criminal complaints
    against union officers following failed collective bargaining
    negotiations or lawful strikes. In a number of cases, union officers
    were prosecuted and even served prison time for destruction of property
    and interference with profits as a result of complaints brought by
    employers. Some provisions in criminal law have aided these tactics,
    such as a crime of ``unpleasant acts,'' which creates criminal
    liability for a broad range of conduct. There were credible reports of
    the police investigating or interrogating union organizers.
        In August hundreds of workers from the Indonesian Metal Labor Union
    Federation (FSPMI) from Mojokerto, Sidoarjo, and Pasuruan held a
    demonstration in front of the Pasuruan Police office demanding police
    drop a criminal case filed against FSPMI board members Pujianto and
    Jazuli. In 2008 PT. Sri Rejeki in Pasuruan reported Pujianto and Jazuli
    to the police for defamation. On September 8 and September 21, the
    Bangil State Court in Pasuruan began Pujianto and Jazuli's trial.
        The increasing trend of using contract labor directly affected
    unions' right to organize and bargain collectively. Under the Manpower
    Act, contract labor is to be used only for work that is ``temporary in
    nature.'' However, according to an International Trade Union
    Confederation report, many employers violated these provisions,
    sometimes with the assistance of local offices of the Manpower
    Ministry. In these cases, companies declared bankruptcy in order to
    avoid severance payments provided for under law, closed the factory for
    several days, and then rehired workers as contract labor at a lower
    cost. Union leaders and activists usually were not rehired. Labor
    courts have ruled in favor of workers who filed either for compensation
    or to be rehired. In most cases, however, the company has appealed to
    the Supreme Court where the labor court's decisions have been
    overturned.
        Labor activists claimed companies orchestrate the formation of
    multiple unions, including ``yellow'' unions, to weaken legitimate
    unions. During the year 16 percent of companies with unions had more
    than one union. In these companies, 42 percent of the employees
    reported that the employer did not treat all of the unions with equal
    respect and that the employer gave better treatment to workers who were
    members of a union controlled by the company (38 percent).
        There are no special laws or exemptions from regular labor laws in
    special economic zones (SEZs). However, reportedly there were stronger
    antiunion sentiments and actions by employers in SEZs. For example,
    employers in the Batam SEZ tended to hire labor on two-year contracts
    and favored workers under 24 years of age, in part to inhibit union
    formation.

        c. Prohibition of Forced or Compulsory Labor.--The law prohibits
    forced or compulsory labor; however, there were credible reports that
    such practices occurred, including forced and compulsory labor by
    children (see section 7.d.). Forms of forced exploitation included
    domestic servitude, commercial sexual exploitation, and forced labor in
    the mining, fishing, and agricultural sectors.
        At year's end the Government was still renegotiating the 2006
    memorandum of understanding (MOU) with the Government of Malaysia about
    Indonesian workers' conditions in Malaysia. The MOU ceded some basic
    worker rights to employers, particularly the right of workers to hold
    their own passports and the guarantee of a minimum wage.
        Also see the Department of State's annual Trafficking in Persons
    Report at www.state.gov/g/tip.

        d. Prohibition of Child Labor and Minimum Age for Employment.--The
    Manpower Act establishes 15 as the minimum age for work and prohibits
    children under the age of 18 from working in hazardous sectors.
    Children 13 to 15 years of age may work no more than three hours per
    day and only under a number of other conditions, such as parental
    consent, no work during school hours, and payment of legal wages. A
    strong legal framework and National Action Plans address economic and
    sexual exploitation, including child prostitution, child trafficking,
    and the involvement of children in the narcotics trade, and provide
    severe criminal penalties and jail terms for persons who violate
    children's rights. However, the Government did not enforce these laws
    effectively.
        An estimated six to eight million children exceeded the legal
    three-hour-daily work limit, working in agriculture, street vending,
    mining, clothing manufacture, prostitution, and other areas.
        Children worked in agriculture primarily on palm oil, tobacco,
    rubber, tea, and marijuana plantations. Children also worked in
    fisheries, manufacturing (such as cottage factory footwear production,
    textiles, cigarette production), logging, toy making, food processing
    (e.g., bird-nest gathering), and in the small-scale mining sector.
    Other children work in the informal sector selling newspapers, shining
    shoes, street vending, scavenging, and working with their parents in
    family businesses or cottage industries.
        A domestic worker advocacy group estimated that there were four
    million domestic workers in the country, of whom at least 1.3 million
    were under age 18. Many domestic workers were not allowed to study and
    were forced to work long hours, received low pay, and generally were
    unaware of their rights.
        The law and regulations prohibit forced labor by children; however,
    the Government was not effective in eliminating the practice, which
    remained a problem. A significant number of children worked against
    their will in prostitution, pornography, begging, drug trafficking,
    domestic service, and other exploitive situations, including a small
    number on fishing platforms. For information on forced child labor,
    also see the Department of State's annual Trafficking in Persons Report
    at www.state.gov/g/tip.
        Despite legislative and regulatory measures, most children who
    worked, including as domestics, did so in unregulated environments.
    Anecdotal evidence suggested that local labor officials did not
    investigate the workplaces of child domestic workers and carried out
    few child labor investigations in factories.
        At the end of 2008, the International Labor Organization-
    International Program for the Elimination of Child Labor Jakarta, in
    collaboration with various local universities/research institutes,
    conducted baseline surveys in a number of localities in North Sumatra,
    Lampung, and East Java. The surveys identified 3,396 children ages
    seven to 17 years who were engaged in plantation work (palm oil,
    rubber, tobacco, coffee, coconut), of whom 28 percent were age 12 years
    and below and 52 percent were not in school.

        e. Acceptable Conditions of Work.--The minimum wage levels set by
    most local governments did not provide a worker and family with a
    decent standard of living. Most province-level minimum wage rates fell
    below the Government's own calculation of basic minimum needs. During
    the year Papua offered the highest minimum wage at 1.1 million rupiah
    (approximately $120) per month, while the Manpower Ministry reported
    official minimum wages as low as 500,000 rupiah ($60) per month in East
    Java.
        Local manpower officials were responsible for enforcing minimum
    wage regulations. Enforcement remained inadequate, particularly at
    smaller companies. There is no enforcement of the minimum wage in the
    informal sector. Labor law and ministerial regulations provide workers
    with a variety of benefits, but it was estimated that, aside from
    government officials, only 10 percent of workers received social
    security benefits. Persons who worked at foreign-owned companies often
    received health benefits, meal privileges, and transportation. The law
    also requires employers to register workers with and pay contributions
    to the state-owned insurance agency, which was rarely done.
        The law establishes a 40-hour workweek, with one 30-minute rest
    period for every four hours of work. Companies often required a five-
    and-a-half- or six-day workweek. The law also requires at least one day
    of rest weekly. The daily overtime rate was 1.5 times the normal hourly
    rate for the first hour and twice the hourly rate for additional
    overtime, with a maximum of three hours of overtime per day and no more
    than 14 hours per week. Unions complained that companies relied upon
    excessive overtime in some garment and electronics assembly plants, to
    the detriment of workers' health and safety. Observance of laws
    regulating benefits and labor standards varied by sectors and regions.
    Employer violations of legal requirements were fairly common, sometimes
    resulting in strikes and protests. The American Center for
    International Labor Solidarity reported workers in the garment industry
    worked extremely long hours, but because their pay slips did not
    specify the amount of overtime paid, they could not be certain they
    were fully compensated for overtime. The Manpower Ministry continued to
    urge employers to comply with the law; however, government enforcement
    and supervision of labor standards continued to be weak.
        Both the law and regulations provide for minimum standards of
    industrial health and safety. In practice the country's worker safety
    record was poor. The state-owned insurance agency reported 86,692
    workplace accidents between January and November, an average of 237
    incidents per day. Local officials have responsibility for enforcing
    health and safety standards. In larger companies the quality of
    occupational health and safety programs varied greatly. Health and
    safety standards in smaller companies and in the informal sector tended
    to be weaker or nonexistent. Workers are obligated to report hazardous
    working conditions, and employers are forbidden by law from retaliating
    against those who do report hazardous working conditions; however, the
    law was not enforced effectively. By law workers have the right to
    remove themselves from hazardous conditions without jeopardizing
    employment; in practice it was not clear they could avail themselves of
    this right.

                                   __________

                                     JAPAN

        Japan is a parliamentary democracy with a population of
    approximately 127.4 million. In August 2009 the Democratic Party of
    Japan (DPJ) won parliamentary elections and ended the Liberal
    Democratic Party's half-century of dominance. In June, Naoto Kan
    succeeded Yukio Hatoyama as prime minister. In July elections for the
    parliament's upper house, the ruling coalition led by the DPJ lost its
    majority in that chamber but retained control of the more powerful
    lower house. The elections were considered free and fair. Security
    forces reported to civilian authorities.
        Human rights nongovernmental organizations (NGOs) reported problems
    with the country's detention facilities and legal system. There were
    several reports of corruption during the year. Sexual harassment and
    employment discrimination continued to be reported. Discrimination
    against children born out of wedlock, minority groups, and foreigners
    were problems. The exploitation of foreign trainees 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.

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

        c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
    Punishment.--The law prohibits such practices, and the Government
    generally respected these provisions in practice.
        On March 22, a Ghanaian man being deported from the country died
    aboard an airplane prior to take-off while in handcuffs. Although an
    official judicial autopsy could not determine the cause of death and
    noted no sign of physical harm, his widow said she saw bruises when
    identifying the man's body, and immigration officials testified in the
    Diet (parliament) that he was gagged by a towel and forced into his
    seat by 10 officers. In December a police investigation into whether
    the 10 officers used excessive force was sent to Chiba prosecutors to
    decide if indictments are warranted.
        NGOs and foreign diplomats reported instances of alleged physical
    abuse in some prisons. Four instructors at Hiroshima Juvenile Training
    School, a reform facility for juvenile offenders, were convicted during
    the year for physically abusing approximately 50 students in 2009.
    Following this incident, the Ministry of Justice conducted a
    questionnaire at the country's other 51 juvenile training schools.
    Seventy-one persons, slightly more than 2.1 percent of the total
    population of juveniles in protective custody, responded that they had
    been abused by their instructors.
        The Government continued to deny death-row inmates and their
    families information about the date of execution. Families of condemned
    prisoners were notified of the execution after the fact. The Government
    stated this policy was to spare the prisoners the anguish of knowing
    when they were going to die. Condemned prisoners, although held in
    solitary confinement for an average of almost eight years until their
    execution, were allowed visits by their families, lawyers, and other
    persons. An NGO reported that prisoners facing the death penalty were
    sometimes kept in solitary confinement for decades and concluded that a
    number of these prisoners had become mentally ill as a result but that
    requests for mental health records of death-row inmates were summarily
    denied.
        NGOs continued to report that prison management regularly abused
    the rules on solitary confinement. Punitive solitary confinement may be
    imposed for a maximum of 60 days, but procedures allow wardens to keep
    prisoners in ``isolation'' solitary confinement indefinitely. A
    prisoner released from Fuchu Prison during the year was kept in
    isolation for the final four years of his sentence. Prison officials
    stated that solitary confinement was an important tool to maintain
    order in prisons that were at or above capacity.
        Hazing, bullying, and sexual harassment were reported as problems
    in the Japanese Self Defense Forces.

        Prison and Detention Center Conditions.--Prison conditions
    generally met international standards. However, several facilities were
    overcrowded and lacked sufficient heating in the winter or air
    conditioning in the summer. Extreme summer heat in the prisons caused
    the deaths of a male prisoner in Osaka Prison in July and a female
    prisoner in Kochi Prison in August. In both cases, the prisoners were
    moved to protection cells (normally used for inmates on suicide watch)
    shortly before collapsing and dying. The Kochi Prison inmate had been
    diagnosed with heatstroke four days earlier and moved briefly to a
    hospital but was subsequently returned to the prison.
        Prisoner rights advocates also alleged that inmates may have frozen
    to death in the winter. In some institutions, clothing and blankets
    were insufficient to protect inmates against cold weather. Most prison
    facilities did not provide heating during nighttime hours in winter
    despite freezing temperatures, exposing inmates to a range of
    preventable ailments and medical conditions. Foreign prisoners in the
    Tokyo area presented to visiting diplomatic officials chilblains-
    affected fingers and toes, the direct result of long-term exposure to
    deleteriously cold and at times freezing conditions.
        NGOs and foreign diplomatic officials also reported that some
    facilities provided inadequate food and medical care. Foreign
    diplomatic officials confirmed numerous cases in which the prison diet
    was inadequate to prevent significant weight loss, including muscle
    mass. Cases of slow and inadequate medical treatment were documented,
    including in detainees and prisoners with preexisting medical
    conditions. Police and prison authorities were particularly slow
    providing treatment of mental illness and had no protocol for offering
    psychiatric therapy. The Fukuoka Bar Association also raised concerns
    that prison doctors repeatedly forced an inmate to use a catheter even
    though he rejected the treatment. The inmate subsequently developed a
    catheter-associated urinary tract infection. NGOs, lawyers, and doctors
    also criticized medical care in police-operated preindictment detention
    centers and immigration detention centers. Poor sanitary and health
    conditions in immigration detention facilities resulted in complaints
    of common fungal infections among detainees.
        At the end of 2009, there were 75,250 prisoners, a slight decrease
    from 2008. This figure, which counts detained defendants and suspects
    as well as sentenced prisoners and convicts, included 5,212 female
    prisoners and 38 minors. Men and women prisoners were held in separate
    facilities in prisons and detention centers. Minors were held
    separately from adults in prisons and regular detention centers, but
    regulations do not require that minors be held separately in
    immigration detention centers.
        NGOs and foreign diplomatic officials reported that pretrial
    detainees routinely were held incommunicado for up to 23 days before
    being allowed access to persons other than their attorneys or, in the
    case of foreign arrestees, consular personnel. Prisoners' access to
    visitors was often limited to immediate family members. The law allows
    for broad religious observances within prisons, as long as these
    activities do not interfere with prison management. Prisons are also
    required to allow for consultations with prison chaplains, but the
    frequency of visits and the range of religions represented varied
    widely at different prisons. As a result, routine access to religious
    observances was not guaranteed, and foreign diplomatic officials said
    that prison officials repeatedly rejected some prisoners' requests to
    join religious meetings citing limits on the size of the groups.
        While prisoners and detainees were permitted to submit complaints
    to judicial authorities without censorship and to request investigation
    of credible allegations of inhumane conditions, the results of such
    investigations were provided to the prisoners in a letter offering
    little detail beyond the investigation's final determination.
        Although there were no ombudsmen serving on behalf of prisoners and
    detainees, prison management regulations stipulate that independent
    committees inspect prisons and detention centers operated by the
    Ministry of Justice and police-operated detention facilities. The
    committees included physicians, lawyers, local municipal officials,
    representatives of local communities, and other local citizens. In the
    March 2009-April 2010 fiscal year, these committees visited a total of
    194 prisons and detention facilities (not including pretrial detention
    facilities) and conducted 756 interviews with detainees without the
    presence of prison officials. The committees made 603 recommendations
    to prison or detention facility superintendants, of which 356 were
    implemented or were in the process of being implemented. In addition,
    the committees found 130 recommendations required either further
    discussion or follow-up inspections, and 117 were referred to the
    Ministry of Justice.
        A 2009 amendment to the Immigration Control and Refugee Recognition
    Law established a similar independent inspection process for
    immigration detention facilities. There is no inspection procedure in
    place for observing the country's 52 juvenile reform facilities.
        During the year the International Committee of the Red Cross did
    not request any prison visits.

        d. Arbitrary Arrest or Detention.--The law prohibits arbitrary
    arrest and detention, but NGOs and journalists alleged that police in
    large cities employed racial profiling to harass and sometimes arrest
    ``foreign-looking'' persons, particularly dark-skinned Asians and
    persons of African descent, without cause. While many of these
    instances were limited to police officers' legal requests for
    immigration papers, anecdotes included one man who was dragged to the
    police station and stripped by force and a few instances reported in
    the press where foreigners were required to provide urine samples to
    police.

        Role of the Police and Security Apparatus.--Civilian authorities
    maintained effective control over the National Police Agency (NPA) and
    local police forces, and the Government has effective mechanisms to
    investigate and punish abuse and corruption. There were no reports of
    impunity involving the security forces during the year. However, some
    NGOs criticized local public safety commissions as lacking independence
    from or sufficient authority over police agencies.

        Arrest Procedures and Treatment While in Detention.--Persons were
    apprehended openly with warrants based on sufficient evidence and
    issued by a duly authorized official, and detainees were brought before
    an independent judiciary. NGOs claimed that warrants were granted at
    high rates, and that detention sometimes occurred even though the
    evidentiary grounds were weak.
        The law provides detainees the right to a prompt judicial
    determination of the legality of the detention and requires authorities
    to inform detainees immediately of the charges against them.
    Authorities usually held suspects in police-operated detention centers
    for an initial 72 hours. After interviewing a suspect, a judge may
    extend preindictment custody by up to two consecutive 10-day periods.
    Prosecutors routinely sought and received these extensions. Prosecutors
    may also apply for an additional five-day extension in exceptional
    crimes such as insurrection, foreign aggression, and disturbance. NGOs
    pointed out that routine granting of extensions undermined the intent
    of the law--prompt judicial determination of the legality of the
    detention.
        The code of criminal procedure allows detainees, their families, or
    representatives to request that the court release an indicted detainee
    on bail. However, bail is not available during preindictment to persons
    detained in either police or Ministry of Justice detention facilities.
    Because judges customarily granted prosecutors' requests for
    extensions, the system of pretrial detention, known as daiyou kangoku
    (substitute prison), usually continued for 23 days. Suspects in
    pretrial detention are legally required to face interrogation, although
    NPA guidelines limit interrogations to a maximum of eight hours and
    prohibit overnight interrogations. Preindictment detainees had access
    to counsel, including at least one consultation with a court-appointed
    attorney. Prisoner advocates said that in practice this access
    continued to improve in terms of duration and frequency. However,
    counsel may not be present during interrogations. Family members
    usually were allowed to meet with detainees, but only in the presence
    of a detention officer. Article 81 of the code of criminal conduct
    allows police to prohibit detainees from having interviews with persons
    other than their counsel if there is probable cause that the suspect
    may flee or may conceal or destroy evidence. Many detainees, including
    most of those charged with drug offenses, were held incommunicado until
    indictment and were allowed only consular and legal access. Prosecutors
    at their discretion may partially record suspects' confessions, but
    NGOs pointed out that partial and discretionary recording could be
    misleading. While internal police supervisors increasingly are present
    during interrogations, there is no independent oversight of the
    interrogations.

        e. Denial of Fair Public Trial.--The law provides for an
    independent judiciary, and the Government generally respected judicial
    independence in practice. In 2009 the country began a lay-judge (jury)
    system for serious criminal cases. NGOs noted that the lay-judge system
    improved the procedure for disclosure of evidence, but they remained
    skeptical that prosecutors will respect acquittal verdicts decided by
    lay judge panels. The first two full acquittals in the lay-judge system
    were appealed and at year's end were awaiting trials before
    professional judges.

        Trial Procedures.--The law provides the right to a fair trial for
    all citizens and each charged individual receives a public trial by an
    independent civilian court, has access to defense counsel, and has the
    right to cross-examine witnesses. A defendant is presumed innocent
    until proven guilty in a court of law, and defendants cannot be
    compelled to testify against themselves.
        The UN Committee Against Torture (CAT), NGOs, and lawyers
    questioned whether defendants were presumed innocent in practice.
    According to NGOs, the majority of indicted detainees confessed while
    in police custody. Safeguards exist so that suspects cannot be
    compelled to confess to a crime or be convicted when a confession is
    the only evidence. In 2009 the National Public Safety Commission issued
    regulations prohibiting police from touching suspects (unless
    unavoidable), exerting force, threatening them, keeping them in fixed
    postures for long periods, verbally abusing them, or offering them
    favors in return for a confession. Defense counsel is not allowed to be
    present during interrogations.
        NGOs asserted that the new rules were not adequately enforced and
    that prisoners continued to be subjected to interrogation sessions of
    eight to 12 hours in length, during which detainees were handcuffed to
    a chair for the entire period and aggressive questioning techniques
    were used. NGOs also stated that, although the practice is illegal,
    interrogators sometimes offered bail in exchange for a detained person
    proffering a confession. From April 2009 to March, the Federation of
    Bar Associations counted 29 press reports of violations of
    interrogation guidelines. In December an Osaka police officer was
    indicted on charges of illegal intimidation after a man in his custody
    surreptitiously made a recording of his interrogation in September and
    subsequently filed a complaint with prosecutors.
        The use of police-operated detention centers was criticized because
    it puts suspects in the custody of their interrogators. The Government
    stated that article 16 of the Act on Penal Detention Facilities and
    Treatment of Inmates and Detainees separates the function of
    investigation from the function of detention. The vast majority of
    arrested suspects were sent to police detention facilities, with a much
    smaller proportion sent to Ministry of Justice-operated preindictment
    detention centers. In 2009 more than 99 percent of cases that reached
    trial resulted in conviction. Independent legal scholars alleged that
    the judiciary gives too much weight to confessions; the Government
    disputed the assertion.
        There were media reports of persons convicted on the basis of
    police-obtained confessions who were later proved innocent. In July a
    retrial began for two Fukawa men who confessed to and were convicted of
    murder in 1967. Although they were paroled in 1996, they have insisted
    the confessions were coerced and sought exoneration; new evidence,
    including revelations that police tampered with the interrogation
    tapes, led the Supreme Court to allow a new trial. The trial ended on
    December 10 and a judgment was scheduled to be rendered in March 2011.
        According to some independent legal scholars, trial procedures
    favor the prosecution, although the Government disputed the claim. The
    law provides for access to counsel; nevertheless, a significant number
    of defendants reported that this access was insufficient. The law does
    not require full disclosure by prosecutors unless the defending
    attorney is able to satisfy disclosure procedure conditions. In
    practice this sometimes resulted in the suppression of material that
    the prosecution did not use in court. As a result, the legal
    representatives of some defendants claimed that they did not receive
    access to relevant material in the police record. In appeal attempts in
    some cases, defense attorneys were not granted access to possible
    exculpatory DNA evidence. The police's response in those cases was that
    all evidence was destroyed after the initial trial. The Government's
    official position regarding the disclosure of evidence to defense
    attorneys is that any evidence, including DNA, can be disclosed through
    the disclosure procedure in accordance with the code of criminal
    procedure ``if the conditions are met.'' In September and October, a
    senior prosecutor and the chief and deputy chief of the Osaka District
    Public Prosecutor's Office were arrested on charges of falsifying
    evidence and then concealing the criminal act in the case of a public
    servant on trial for alleged postal fraud. In December the country's
    top prosecutor resigned over the scandal.
        The language barrier was a serious problem for foreign defendants.
    No guidelines exist to ensure effective communication between judges,
    lawyers, and non-Japanese-speaking defendants. Several foreign
    detainees claimed that police urged them to sign statements in Japanese
    that they could not understand and that were not translated adequately.
    No standard licensing or qualification system existed for court
    interpreters, and trials proceeded even if no translation or
    interpretation was provided, despite the Government's claims that
    trials cannot proceed unless translation or interpreting is provided.
    According to the 2010 Police White Paper, prefectural police stations
    made available police officers or other employees with foreign language
    skills to serve as interpreters during interrogations.

        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. Persons have access to a
    court to bring lawsuits seeking damages for, or cessation of, a human
    rights violation. There are both administrative and judicial remedies
    for alleged wrongs.

        f. Arbitrary Interference With Privacy, Family, Home, or
    Correspondence.--The law prohibits such actions, and the Government
    generally respected these prohibitions in practice.
    Section 2. Respect for Civil Liberties, Including:

        a. Freedom of Speech and Press.--The law provides for freedom of
    speech and of the press, and the Government generally respected these
    rights in practice. An independent press, an effective judiciary, and a
    functioning democratic political system combined to ensure freedom of
    speech and of the press.

        Internet Freedom.--There were no government restrictions on access
    to the Internet or reports that the Government monitored e-mail or
    Internet chat rooms. Individuals and groups could engage in the
    peaceful expression of views via the Internet, including by e-mail.
    Approximately 78 percent of the population used the Internet.

        Academic Freedom and Cultural Events.--There were no government
    restrictions on academic freedom or cultural events. The Ministry of
    Education's approval process for history textbooks continued to be a
    subject of controversy, particularly regarding the treatment of certain
    subjects pertaining to the 20th century. Some textbook authors accused
    the Ministry of Education of editing their writing in ways that
    distorted the intended meaning. The national anthem and national flag
    continued to be controversial symbols. From April 2008 to March 2009,
    69 teachers were disciplined for refusing to sing the national anthem
    in front of the flag.

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

        c. Freedom of Religion.--For a complete description of religious
    freedom, please see the 2010 International Religious Freedom Report at
    www.state.gov/g/drl/irf/rpt.

        d. Freedom of Movement, Internally Displaced Persons, Protection of
    Refugees, and Stateless Persons.--The law provides for freedom of
    movement within the country, foreign travel, emigration, and
    repatriation, and the Government generally respected these rights in
    practice. The Government cooperated with the Office of the UN High
    Commissioner for Refugees and other humanitarian organizations in
    providing protection and assistance to refugees, asylum seekers, and
    other persons of concern.
        The law prohibits forced exile, and the Government did not use it.

        Protection of Refugees.--The country's laws provide for the
    granting of asylum or refugee status, and the Government has
    established a system for providing protection to refugees. The
    Government also began a small-scale third country resettlement program
    involving 27 Burmese refugees from a refugee camp in Thailand.
        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 account of their race, religion,
    nationality, membership in a particular social group, or political
    opinion. The Government also provided temporary protection to
    individuals who may not qualify as refugees and provided it to 501
    persons in 2009.
        Refugee and asylum applicants could ask lawyers to participate in
    their appeal hearings before the system of refugee examiners; however,
    in practice refugee and asylum seekers had limited access to legal
    representatives due to the limited amount of legal aid available and
    the small number of lawyers working on asylum matters. Although there
    was a free counseling service for foreigners, including asylum seekers
    and refugees, at the Japan Legal Support Center established by the
    Ministry of Justice, there was no public financial assistance to pay
    legal costs for asylum seekers outside of this center. Lawyers working
    for asylum seekers who lacked financial means could apply for financial
    assistance from the Federation of Bar Associations.
        The UN CAT, NGOs, and lawyers criticized the indefinite and often
    long period of detention between the rejection of an application for
    asylum and deportation. The UN special rapporteur on the human rights
    of migrants expressed concern about the policy of detaining asylum
    seekers and other irregular migrants for prolonged periods, in some
    cases for as long as three years. NGOs believed that inadequate
    explanation of the cause for rejecting an asylum application made
    appealing the decision difficult. During the year there were a series
    of suicides, attempted suicides, and hunger strikes by detained asylum
    seekers unable to obtain temporary release. The Ministry of Justice
    implemented a program during the year to streamline the asylum petition
    process and reduce time spent in detention. The program stipulates that
    the cases of all detained asylum seekers must be reviewed quarterly and
    that first instance decisions must be completed within six months of
    application. The program led to a reduction in the number of detained
    asylum seekers to the lowest level in recent years.
        The UN Committee on the Elimination of Racial Discrimination (CERD)
    reported that asylum seekers from certain countries received
    preferential consideration while those from other countries were
    sometimes forcibly returned to situations of risk.
        Applicants for refugee status normally were not allowed to work
    unless they meet certain conditions. To obtain the right to work,
    persons applying for refugee status must be in need and completely
    dependent on government shelters or NGO support. In the interim the
    Refugee Assistance Headquarters, a government-funded foundation,
    provided small stipends. However, budget shortfalls caused by an
    increase in applications led to stricter criteria and eliminated this
    aid to many applicants.
        Refugees faced the same patterns of discrimination that other
    foreigners did: reduced access to housing, education, and employment.
    Except for those who met the conditions stated above, persons whose
    refugee status was pending or on appeal did not have the legal right to
    work or receive social welfare, rendering them completely dependent on
    overcrowded government shelters, illegal employment not subject to
    labor law oversight, or NGO assistance.
    Section 3. Respect for Political Rights: The Right of Citizens to
            Change Their Government
        The law provides citizens the right to change their government
    peacefully, and citizens exercised this right in practice through
    periodic, free, and fair elections based on universal suffrage.

        Elections and Political Participation.--In July the country held
    elections for the upper house of the Diet, which brought an end to the
    ruling DPJ-led coalition's bicameral majority. The elections were
    considered free and fair. Political parties operated without
    restriction or outside interference.
        Women held 52 of 480 seats in the lower house of the Diet and 44 of
    242 seats in the upper house. At year's end there were three female
    governors and two women in the 18-member cabinet. Because some ethnic
    minorities are of mixed heritage and do not self-identify, it was
    difficult to determine the number of minorities that served in the
    Diet. Three Diet members acknowledged being naturalized Japanese
    citizens.
    Section 4. Official Corruption and Government Transparency
        The law provides criminal penalties for official corruption, and
    the Government generally implemented these laws effectively.
    Independent academic experts stated that ties between politicians,
    bureaucrats, and businessmen were close and that corruption remained a
    concern. During the first half of the year, the NPA reported arrests in
    20 cases of bribery and four cases of bid rigging. There were regular
    media reports of investigations into financial and accounting
    irregularities involving high-profile politicians and government
    officials, including a decision by a civilian panel requiring that
    prosecutors indict former DPJ secretary general Ichiro Ozawa. In
    September lower house member Muneo Suzuki's conviction for accepting
    bribes was upheld, and he began a two-year prison sentence. An
    investigation into the campaign fundraising of then prime minister
    Yukio Hatoyama that began in 2009 resulted in the conviction of a
    Hatoyama aide in April; prosecutors did not file charges against the
    former prime minister.
        Although laws requiring financial disclosure for public officials
    exist, they were laxly enforced.
        The public has the legal right to access government information.
    There were no reports that the Government denied legal requests for
    information or required information seekers to pay prohibitive fees to
    gain access.
    Section 5. Governmental Attitude Regarding International and
            Nongovernmental Investigation of Alleged Violations of Human
            Rights
        A number of domestic and international human rights groups
    generally operated without governmental restriction, investigating and
    publishing their findings on human rights cases. Government officials
    generally were cooperative and responsive to their views.
        The Government cooperated with intergovernmental organizations and
    permitted visits by UN representatives and representatives of other
    intergovernmental organizations, including the International
    Organization for Migration and International Labor Organization.
        Human rights groups pointed out that the country had not
    established an independent national human rights institution and that
    the national Human Rights Commission reports to the Ministry of
    Justice. There were no ombudsman offices at the national level. While
    there were no official human rights committees in the Diet, there were
    unofficial groups that covered human rights-related matters such as
    abolishing the death penalty.
    Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
        The law prohibits discrimination on the basis of race, gender,
    disability, language, and social status. Although the Government
    generally enforced these provisions, discrimination against women,
    ethnic minority groups, and foreigners remained problems.

        Women.--The law criminalizes all forms of rape against women,
    including spousal rape, and the Government generally enforced the law
    effectively. According to NPA statistics, 1,402 rapes against women and
    girls were reported in 2009 and 571 were reported during the first half
    of 2010. Prosecutors brought charges in 662 rape cases in 2009. Many
    police stations had female officers to provide confidential assistance
    to female victims.
        Although prohibited by law, domestic violence against women
    remained a problem. Ministry of Justice statistics showed that 70
    perpetrators were prosecuted in 2009 under the antispousal violence
    law. District courts may impose six-month restraining orders on
    perpetrators of domestic violence to protect threatened or abused
    spouses and their children under the age of 20 years and may also
    impose sentences of up to one year in prison or fines of up to one
    million yen (approximately $12,150). In 2009 courts granted 2,411 of
    3,087 petitions for protection orders, with 526 withdrawals and 150
    dismissals. The law, which covers common-law marriages and divorced
    individuals, includes protection for relatives of victims and persons
    threatened with violence. According to NPA statistics, in 2009 there
    were 28,158 reported cases of domestic violence, with women
    constituting more than 98 percent of the victims. Spousal violence
    consultation assistance centers reported 72,792 consultation cases in
    2009, with women the victims in more than 99 percent of the cases.
        Sexual harassment in the workplace remained widespread. During the
    12-month period ending in March, the Ministry of Health, Labor, and
    Welfare (MHLW) received 11,898 consultations, over 60 percent of which
    were from female workers. The law includes measures to identify
    companies that fail to prevent sexual harassment, but it does not
    include punitive measures to enforce compliance other than publicizing
    the names of offending companies. The Government established hotlines
    in prefectural labor bureau equal employment departments and charged
    them with the duty of handling consultations concerning sexual
    harassment and mediating disputes when possible.
        Despite apologies by successive Japanese political leaders, a
    number of NGOs continued to criticize the country's apologies to and
    compensation for ``comfort women'' (the victims of forced prostitution
    during World War II) as inadequate. The Government provided
    compensation payments through a government-initiated private fund,
    expressed remorse, and extended apologies to the victims.
        Couples and individuals could decide freely and responsibly the
    number, spacing, and timing of their children, and they had the
    information and means to do so free from discrimination, coercion, and
    violence. Women had access to contraception and maternal health
    services, including skilled attendance during childbirth and essential
    obstetric and postpartum care. Maternal mortality was 6.8 deaths per
    100,000 live births in 2008. Men and women received equal access to
    diagnosis and treatment for sexually transmitted infections, including
    HIV.
        The law prohibits sexual discrimination and generally provides
    women the same rights as men. The Gender Equality Bureau, a cabinet
    office in the Ministry of Consumer Affairs and Food Safety, Social
    Affairs, and Gender Equality, continued to examine policies and monitor
    progress on gender equality. Its White Paper on Gender Equality 2010
    concluded that, more than 10 years since the passage of the Basic Law
    for a Gender-Equal Society, the participation of women in society
    remained inadequate and called for increased gender-equality awareness
    focused on reaching men and housewives in addition to working women.
        Inequality in employment remained a problem in society. Women
    composed 41.9 percent of the labor force, unchanged from 2009, and
    their average monthly wage was 226,100 yen (approximately $2,750),
    about two-thirds of the monthly wage earned by men (333,700 yen, or
    $4,050). Women held just 10.7 percent of managerial positions, and 70
    percent of employed women resigned after the birth of their first
    child.
        In August 2009 the UN Committee on the Elimination of
    Discrimination against Women termed the country's efforts to implement
    antidiscrimination measures as insufficient. The committee pointed to
    discriminatory provisions in the civil code, unequal treatment of women
    in the labor market, and low representation of women in high-level
    elected bodies. The committee urged the country to abolish a six-month
    waiting period stipulated in the civil code for women but not men
    before remarriage, to adopt a system allowing for the choice of
    surnames for married couples, and to repeal civil code and family-
    registration law provisions that discriminate against children born out
    of wedlock. The Government pointed to changes in its nationality law
    and civil code that address some of these concerns, including a
    resolution of the surnames matter, the establishment of women's rights
    to their husbands' pensions, and improved legal protection for women in
    child custody issues.

        Children.--The nationality law grants citizenship at birth to the
    child of: a Japanese father who is either married to the child's mother
    or recognizes paternity of the child; a Japanese mother; or, a child
    born in the country to parents who are both unknown or do not have
    nationality.
        Reports of child abuse continued to increase. From April 2009
    through March 2010, there were 44,210 possible cases of child abuse by
    parents or guardians reported to the Child Guidance Center, an increase
    of more than 1,500 from the preceding year. According to the NPA, in
    2009 a total of 335 child abuse cases resulted in arrest and 28
    children were killed as a result of abuse by parents or guardians. To
    better ensure children's safety, municipal governments require that
    suspected abusive parents or guardians be interviewed by child welfare
    officials and provided with assistance as required. When necessary,
    suspected homes must also be inspected with the police in a supporting
    role. The law grants child welfare officials the authority to prohibit
    abusive parents from meeting or communicating with their children. The
    law also bans abuse under the guise of discipline and mandates that
    anyone aware of suspicious circumstances must report the information to
    a local child counseling center or municipal welfare center.
        Child prostitution is illegal, with a penalty of imprisonment with
    labor for up to three years or a fine of up to one million yen
    ($12,150) for offenders, including the intermediary and the person
    involved in solicitation. However, the practice of enjo-kosai
    (compensated dating) and easy facilitation by means of online dating,
    social networking, and delivery health (call girl or escort service)
    sites made de facto domestic child-sex tourism a problem. There are
    statutory rape laws. The minimum age for consensual sex varies with
    jurisdiction and ranges from 13 to 18. The penalty for statutory rape
    is no less than two years' imprisonment with forced labor.
        The country continued to be an international hub for the production
    and trafficking of child pornography. The distribution of child
    pornography is illegal; the penalty is imprisonment with labor for not
    more than three years or a fine not exceeding three million yen
    ($36,460). Although the distribution of child pornography is illegal,
    the law does not criminalize the simple possession of child
    pornography, which often depicts the brutal sexual abuse of small
    children. While this continues to hamper police efforts to effectively
    enforce existing child pornography laws and fully participate in
    international law enforcement in this area, child pornography
    investigations increased 40 percent in 2009 to 935 cases. New measures
    announced in July included instructing Internet service providers to
    voluntarily block Internet access to child pornography, increased
    cooperation with foreign law enforcement agencies, and boosting
    resources for investigations; they were designed to combat child
    pornography without changing current laws. But children's advocates
    criticized the measure to block access, noting that it does not require
    Internet service and cellular data providers to block the images and,
    in fact, the law prohibits providers from censuring any user access.
        The new measures also do not address the unfettered availability of
    sexually explicit cartoons, comics, and video games. While the NPA
    maintained that no link has been established between these animated
    images and child victimization, other experts suggested the situation
    harms children by creating a culture that appears to accept sexual
    abuse of children.
        The country is not a party to the 1980 Hague Convention on Civil
    Aspects of International Child Abduction. For information on
    international parental child abduction, please see the Department of
    State's annual report on compliance at http://travel.state.gov/
    abduction/resources/congressreport/congressreport--4308.html as well as
    country specific information at http://travel.state.gov/abduction/
    country/country--3781.html.

        Anti-Semitism.--The Jewish population is approximately 2,000
    persons. There were no reports of anti-Semitic acts.

        Trafficking in Persons.--For information on trafficking in persons,
    please see the Department of State's annual Trafficking in Persons
    Report at www.state.gov/g/tip.

        Persons With Disabilities.--The law prohibits discrimination
    against persons with physical and mental disabilities in employment,
    education, and access to health care, and the Government generally
    enforced these provisions; however, the Federation of Bar Associations
    complained that discrimination is undefined and thus not enforceable
    through judicial remedies. In December 2009 the Government established
    an advisory committee to help develop domestic laws to enable the
    country to ratify the UN Convention on the Rights of Persons with
    Disabilities.
        Persons with disabilities generally were not subject to overt
    discrimination in employment, education, or provision of other state
    services; however, in practice they faced limited access to these
    services.
        The law mandates that the Government and private companies hire
    minimum proportions of persons with disabilities (including mental
    disabilities). Companies with more than 300 employees that do not
    comply must pay a fine of 50,000 yen (approximately $600) per vacant
    position per month. Public employment of persons with disabilities
    exceeded the minimum. According to MHLW statistics, the private sector
    lagged, despite increases over previous years. In a 2009 survey of
    private companies with more than 56 workers, 1.6 percent of their
    employees had disabilities.
        Accessibility laws mandate that new construction projects for
    public use must include provisions for persons with disabilities. In
    addition, the Government grants low-interest loans and tax benefits to
    operators of hospitals, theaters, hotels, and other public-use
    facilities if they upgrade or install features to accommodate persons
    with disabilities.
        According to NGOs there were an estimated 20,000 homeless persons
    who could not receive old-age pensions, disability pensions, and
    livelihood protection allowances because they were considered to be
    without residence. NGOs reported that, due to inadequate protection by
    the social safety net and the social stigma against homelessness, a
    significant number of elderly citizens and homeless individuals
    committed petty crimes to obtain the food and shelter provided by life
    in prison. Surveys showed that persons with mental disabilities may
    have accounted for up to 60 percent of the repeat-offender population
    in some prisons. Surveys also showed a significant percentage of repeat
    offenders were homeless persons who were not receiving social services.
    Police and prison authorities were particularly slow providing
    treatment of mental illness and had no protocol for offering
    psychiatric therapy.
        According to NGOs and physicians, persons with mental illnesses
    also faced stigmatization and both educational and occupational
    barriers. Mental health professionals stated that insufficient efforts
    were being made to reduce the stigma of mental illness and to inform
    the public that depression and other mental illnesses were treatable,
    biologically based illnesses.

        National/Racial/Ethnic Minorities.--Ethnic minorities experienced
    varying degrees of societal discrimination. The approximately three
    million Buraku (descendants of feudal-era ``outcasts''), although not
    subject to governmental discrimination, were frequently victims of
    entrenched societal discrimination. The UN CERD and Buraku advocacy
    groups reported that, despite the socioeconomic improvements achieved
    by many Buraku, widespread discrimination persisted in employment,
    marriage, housing, and property value assessments. While the Buraku
    label is no longer officially used to identify people, the family
    registry system can be used to identify Buraku and facilitate
    discriminatory practices. Buraku advocates expressed concern that
    employers, including many government agencies that require family
    registry information from job applicants for background checks, may use
    this information to identify and discriminate against Buraku
    applicants.
        Despite legal safeguards against discrimination, the country's
    large populations of Korean, Chinese, Brazilian, and Filipino permanent
    residents--many of whom were born, raised, and educated in Japan--were
    subject to various forms of deeply entrenched societal discrimination,
    including restricted access to housing, education, health care, and
    employment opportunities. Other foreign nationals resident in the
    country as well as ``foreign-looking'' Japanese citizens reported
    similar discrimination and also said they were prohibited entry,
    sometimes by signs reading ``Japanese only,'' to privately owned
    facilities serving the general public, including hotels and hot
    springs. Noting that the discrimination is usually open and direct,
    NGOs complained of government inaction in prohibiting it.
        An enforcement directive published by the Japanese Social Insurance
    Agency explicitly made it easier for employers to avoid paying pension
    and insurance contributions on behalf of their foreign employees
    teaching languages as compared to Japanese employees in the same
    position. A labor union representing the teachers said the directive
    provides impunity to employers who illegally fail to enroll foreign
    teachers in the system.
        Many foreign university professors, especially women, complained
    that they were hired on short-term contracts without possibility of
    tenure.
        There was a widespread perception among citizens that
    ``foreigners,'' often members of Japan-born ethnic minorities, were
    responsible for most of the crimes committed in the country. The media
    fostered this perception by disproportionately reporting crimes
    committed by non-Japanese citizens, although Ministry of Justice
    statistics showed that the crime rate for foreigners, excepting
    immigration violations, was lower than the crime rate for citizens.
    Long-term foreign residents, including naturalized citizens, reported
    being targeted, particularly by the police.
        Many immigrants struggled to overcome obstacles to naturalization,
    including the broad discretion available to adjudicating officers and
    the great emphasis on Japanese language ability. Aliens with five years
    of continuous residence are eligible for naturalization and citizenship
    rights. Naturalization procedures also require an extensive background
    check, which includes inquiries into the applicant's economic status
    and assimilation into society. The Government defended its
    naturalization procedures as necessary to ensure the smooth
    assimilation of foreigners into society.
        Approximately 600,000 ethnic Koreans were permanent residents or
    citizens. In general their acceptance by society was steadily
    improving. In 2009, 7,639 ethnic Koreans applied for citizenship, a
    slight increase from the prior year. The vast majority of applications
    were approved. Ethnic Koreans who chose not to naturalize faced
    difficulties in terms of civil and political rights.
        Representatives of some ethnic schools continued to press the
    Government to have their schools recognized as educational foundations
    and to accept the graduates of their high schools as qualified to take
    university and vocational school entrance exams. The Ministry of
    Education stated that the graduates of ethnic schools certified by
    international school associations as being equivalent to a 12-year
    program could take the entrance exam.
        During the year nativist groups became increasingly aggressive in
    harassing foreigners and Japan-born ethnic minorities. In August, four
    antiforeigner group members were arrested after a demonstration against
    the Kyoto Number 1 Korean Elementary School that involved verbal
    harassment of the schoolchildren.

        Indigenous People.--Although the Ainu enjoyed the same rights as
    all other citizens, when clearly identifiable as Ainu they faced
    discrimination. The Ainu law, enacted in 1997, emphasizes preservation
    of Ainu culture, but it lacks some provisions that a few Ainu groups
    have demanded, such as land claims, reserved seat(s) for Ainu in the
    Diet and local assemblies, and a government apology to the Ainu people.
        The UN Human Rights Committee submitted a report to the Government
    in 2008 advising it to designate both the Ainu and the Ryukyu (a term
    that includes residents of Okinawa and portions of Kagoshima
    Prefecture) as indigenous peoples and give assistance to protect and
    promote their culture and traditions. The Government replied that,
    while it does not recognize ``Ryukyu'' as an indigenous people, it
    acknowledges their unique culture and history and has made efforts to
    preserve and show respect for these traditions.

        Societal Abuses, Discrimination, and Acts of Violence Based on
    Sexual Orientation and Gender Identity.--While there is no national law
    that protects against discrimination on the basis of sexual
    orientation, some local governments have enacted laws prohibiting
    employment discrimination based on sexual orientation. NGOs that
    advocate for gay, lesbian, bisexual, and transgender persons reported
    some instances of bullying, harassment, and violence.

        Other Societal Violence or Discrimination.--There were no reports
    of societal violence or discrimination against persons with HIV/AIDS.
    Section 7. Worker Rights

        a. The Right of Association.--The law allows workers to form and
    join unions of their choice without previous authorization or excessive
    requirements, and the Government effectively enforced the law. Unions
    were free of government control and influence; however, public service
    employees' basic union rights, governed by a separate law, are
    restricted in ways that effectively require prior authorization to form
    unions. In 2009 just over 10 million persons, or 18.5 percent of the
    total workforce, were members of unions. Among workers in the
    agriculture, forestry, and fisheries sectors, 15,000--or 2.7 percent of
    the total workers in these sectors--belonged to unions.
        Except for public sector workers and employees of state-owned
    enterprises, the law allows unions to conduct their activities without
    interference, and the Government protected this right. The continued
    increased use of short-term contracts, often in violation of the Labor
    Standards Law, not only undermined regular employment but also
    frustrated organizing efforts.
        Unions in the private sector have the right to strike, and workers
    exercised this right in practice. Workers in sectors providing
    essential services, including electric power generation and
    transmission, transportation and railways, telecommunications, medical
    care and public health, and postal service, however, must give 10 days'
    advance notice to the authorities. Public sector employees do not have
    the right to strike, but such employees are able to participate in
    public employee organizations, which can negotiate collectively with
    their public employers on wages, hours, and other conditions of
    employment. They are not able to enter into collective bargaining
    agreements.

        b. The Right to Organize and Bargain Collectively.--Collective
    bargaining is protected by law and was freely practiced. However, the
    276,345 public employees and 2,515,728 employees involved in providing
    essential services (approximately 4.5 percent of the total workforce of
    62.7 million) are not afforded this right. Approximately one-third of
    workers were part-time or nonregular workers, who found it difficult to
    organize for collective bargaining purposes. Moreover, an increasing
    number of businesses were choosing to change their form of
    incorporation and moving to a holding company structure. Investment
    fund ``companies,'' which are not legally considered employers, also
    appeared to be playing a larger role. In addition to changes in
    corporate structure, there were labor market changes affecting
    corporate activities. As a result a significant proportion of the
    workforce was unable to participate in collective bargaining units.
        There were no reports of antiunion discrimination or other forms of
    employer interference in union functions.
        There are no export processing zones.

        c. Prohibition of Forced or Compulsory Labor.--The law prohibits
    forced or compulsory labor; however, there were reports that such
    practices occurred. Workers who entered the country illegally or who
    overstayed their visas were at risk for these practices, including
    nonpayment or underpayment of wages. Some companies illegally forced
    foreign laborers in the Industrial Trainee and Technical Internship
    Program to work overtime, refused to pay them allowances, restricted
    their movement, communications, and travel documents, and forced them
    to deposit paychecks into company-controlled accounts. The law and
    Ministry of Justice guidelines prohibit these practices, and the Labor
    Standard Inspection Bodies monitored workplace compliance with the
    labor laws. Its normal response was to issue warnings and advisories;
    legal recourses normally were not pursued except in the most serious
    cases.
        Also see the Department of State's annual Trafficking in Persons
    Report at https//www.state.gov/g/tip.

        d. Prohibition of Child Labor and Minimum Age for Employment.--The
    law prohibits the exploitation of children in the workplace, and the
    MHLW effectively implemented the law. By law children between the ages
    of 15 and 18 may perform any job that is not designated as dangerous or
    harmful. Children between the ages of 13 and 15 may perform ``light
    labor'' only, and children under 13 may work only in the entertainment
    industry. Other than victims of human trafficking and child
    pornography, child labor was not a problem.
        Also see the Department of State's annual Trafficking in Persons
    Report at https//www.state.gov/g/tip.

        e. Acceptable Conditions of Work.--A revision to the law increased
    minimum wage rates effective October 24. They ranged from 643 yen
    ($7.81) to 821 yen ($9.98) per hour, depending on prefecture. The
    revised law also increased to 500,000 yen ($6,080) the fine for
    employers that fail to pay the minimum wage. The minimum daily wage
    provided a decent standard of living for a worker and family.
        The law provides for a 40-hour workweek for most industries and
    mandates premium pay for hours worked in excess of 40 per week or eight
    per day. However, it was widely accepted that workers, including those
    in government jobs, routinely exceeded the hours outlined in the law.
    Labor unions frequently criticized the Government for failing to
    enforce maximum working-hour regulations. From April 2009 to March
    2010, surviving family members filed 768 applications with the MHLW
    seeking recognition of a deceased as a karoshi (death from overwork)
    victim. The ministry officially recognized 293 karoshi victims during
    the year. Worker rights NGOs claimed the number was much higher, and
    that overwork and other employment conditions contributed to many of
    the 31,560 suicides during the year.
        According to the Organization for Economic Cooperation and
    Development, Japanese employers hired part-time, short-term contract or
    nonregular workers rather than permanent employees to circumvent
    protection by labor law. Such workers made up one-third of the labor
    force and worked for lower wages and often with less job security and
    fewer benefits or in more precarious working conditions than career
    workers. Many of these workers lost their jobs during the year due to
    private-sector cuts and some sought damages from their employers,
    alleging that the repeated renewal of their short-term contracts
    obligated their employers to convert them to career employees. Other
    groups argued that the labor system had been too rigid before
    regulations changed to allow this type of work. One of the stated goals
    of the 2008 Revised Part-Time Work Law was to provide equality for
    part-time workers, the majority of whom are women, in terms of wages
    and training. To qualify, however, part-time workers must have parity
    with full-time workers in terms of tasks, overtime, and transfers. In
    practice only 4 to 5 percent of part-time workers qualified under these
    terms.
        Advocacy groups reported that employers exploited illegal foreign
    workers, who often had little or no knowledge of the Japanese language
    or their legal rights. By law, students are allowed to work only 28
    hours per week. However, foreign students, particularly self-sponsored
    students, the majority of whom were Chinese, often held two or three
    low-wage jobs and as a result were moderately to severely sleep
    deprived, with the concomitant greater risk of injury and illness.
        The UN special rapporteur on the human rights of migrants and NGOs
    reported that the Foreign Trainee and Technical Intern Program, despite
    its declared intent as a vehicle of international assistance, is
    designed in a way that facilitates the exploitation of foreign workers.
    The majority of the trainees are Chinese nationals who pay fees of more
    than $1,400 to Chinese brokers to apply for the program and then must
    offer deposits of up to $4,000 and sometimes a lien on their home prior
    to leaving for Japan. According to worker advocates, if they report
    mistreatment or exit the program early, the brokers seize these assets.
    During the year a government ordinance prohibited the practices of
    requiring deposits from applicants to the program and imposing fines on
    the participants. While the law governing the trainee program has been
    amended to address employer violations and the Government increased
    enforcement in 2010, the system of punishing victims for speaking out
    continued to allow many companies to use the program for cheap,
    unregulated labor.
        In some companies, trainees reportedly were forced to work unpaid
    overtime and received less than the minimum wage. Moreover, their wages
    were automatically deposited in company-controlled accounts, despite
    the fact that ``forced deposits'' are illegal. According to NGOs,
    trainees sometimes had their travel documents taken from them and their
    movement controlled to ``prevent escape or unauthorized communication
    with others.'' In 2009 the Ministry of Justice confirmed that 360
    companies and other organizations that accepted foreign trainees were
    involved in wrongful practices, of which an estimated 80 percent
    involved violations of labor-related laws, failure to pay wages, unpaid
    overtime, and contracting out the trainees as laborers to other
    companies. Out of 444 cases recognized as wrongful practices, 123 cases
    were found to represent violations of labor-related laws and
    regulations. NGOs and labor unions working with foreign workers noted
    no noticeable improvement in companies' treatment of foreign workers. A
    survey conducted by the Japan International Training Cooperation
    Organization found that 27 trainees died from April 2009 to March, nine
    of them from brain and heart diseases often associated with working
    long hours. Three of the trainees committed suicide. On November 19,
    the Japanese Labor Standards Office officially certified a trainee's
    2008 death as karoshi. Although the company where the 31-year-old
    Chinese trainee worked reported only minimal overtime on his timecards,
    the Standards Office determined he had worked, on average, over 80
    hours a week for the 12 months preceding his death. The company was
    under criminal investigation.
        In January the Kumamoto District Court ordered an agent for foreign
    trainees and a training company to pay four Chinese interns 4.4 million
    yen (approximately $53,480) in damages in addition to ordering the
    company, a sewing firm, to pay 12.8 million yen (approximately
    $155,560) in unpaid wages. Several similar lawsuits were awaiting
    judgment.
        The Government sets occupational health and safety standards, and
    the Ministry of Labor effectively administered the various laws and
    regulations governing occupational health and safety. Labor inspectors
    have the authority to suspend unsafe operations immediately, and the
    law provides that workers may voice concerns over occupational safety
    and remove themselves from unsafe working conditions without
    jeopardizing their continued employment. In 2009 labor inspectors
    responded to 48,448 complaints, inspected 146,860 workplaces, and
    ordered 4,553 places of business to suspend operations and correct
    occupational health and safety problems. They also referred 1,110 cases
    to prosecutors.

                                   __________

                                    KIRIBATI

        Kiribati is a constitutional multiparty republic with a population
    of approximately 100,000. The president exercises executive authority
    and is popularly elected for a four-year term. The legislative assembly
    nominates at least three, and no more than four, presidential
    candidates from among its members. Parliamentary and presidential
    elections held in 2007 were considered generally free and fair. Anote
    Tong of the Boutokaan Te Koaua party was reelected president. Security
    forces reported to civilian authorities.
        Violence and discrimination against women, child abuse, and
    commercial sexual exploitation of children were the main human rights
    problems during the year.
                            respect for human rights
    Section 1. Respect for the Integrity of the Person, Including Freedom
            From:

        a. Arbitrary or Unlawful Deprivation of Life.--There were no
    reports the Government or its agents committed arbitrary or unlawful
    killings.

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

        c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
    Punishment.--The constitution prohibits such practices, and there were
    no reports government officials employed them. Traditional village
    practice permits corporal punishment for criminal acts and other
    transgressions.

        Prison and Detention Center Conditions.--Prison conditions
    generally met international standards, and the Government permitted
    visits by family members, church representatives, and diplomats. The
    Government also permitted monitoring visits by independent human rights
    observers, but there were no such visits during the year.
        As of August the prison system held 102 inmates (98 men and four
    women). There were 96 convicted prisoners, of whom 91 were male and
    five were female, and six pretrial detainees, all male. There were no
    juveniles (defined as those under age 18). There was no separate
    facility for juvenile offenders, but children under age 16 usually were
    not incarcerated. Juveniles ages 16 to 17 generally may be detained no
    longer than one month in the adult facility; however, for more serious
    offenses, such as murder, juveniles over age 16 can be held in custody
    for more than a month and can be sentenced to longer terms. Pretrial
    detainees accused of serious offenses who did not meet bail were held
    with convicted prisoners. Persons charged with minor offenses normally
    were released on their own recognizance pending trial.
        Prisoners and detainees had reasonable access to visitors and were
    permitted religious observance. Although authorities permit complaints
    by inmates about inhumane conditions, the complaints are subject to
    censorship. There were no such complaints received, nor investigations
    undertaken, during the year. The Government monitors prison conditions.
    The country does not have any ombudsman who can serve on behalf of
    prisoners and detainees.

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

        Role of the Police and Security Apparatus.--Civilian authorities
    maintained effective control over the police force, and the Government
    has effective mechanisms to investigate and punish abuse and
    corruption. There were no reports of impunity involving the security
    forces during the year.

        Arrest Procedures and Treatment While in Detention.--In some cases
    magistrates issued warrants before an arrest was made. Persons taken
    into custody without a warrant must be brought before a magistrate
    within 24 hours or within a reasonable amount of time when arrested in
    remote locations. These requirements generally were respected in
    practice. Many individuals were released on their own recognizance
    pending trial, and bail was granted routinely for many offenses. The
    law requires that arrested individuals be informed of their rights,
    which include the right to legal counsel during questioning and the
    right not to incriminate oneself. Two police officers must be present
    at all times during questioning of detainees, who also are provided the
    option of writing and reviewing statements given to police. Detainees
    were allowed prompt access to legal counsel. Public defenders, known as
    ``people's lawyers,'' were available free of charge for arrested
    persons and others who needed legal advice.

        e. Denial of Fair Public Trial.--The constitution provides for an
    independent judiciary, and the Government generally respected judicial
    independence in practice.

        Trial Procedures.--The constitution provides for the right to a
    fair public trial, and an independent judiciary generally enforced this
    right. There is no trial by jury. An accused person must be informed of
    the charges and be provided adequate time and facilities to prepare a
    defense. The law also provides for the rights to confront witnesses,
    present evidence, and appeal convictions. Defendants facing serious
    criminal charges are entitled to free legal representation. Procedural
    safeguards are based on British common law and include the presumption
    of innocence until proven guilty. The law extends these rights to all
    citizens.
        Extrajudicial traditional communal justice, in which village elders
    decide cases and mete out punishment, remained a part of village life,
    especially on remote outer islands. Nonetheless, the incidence of
    communal justice was declining under pressure from the codified
    national law.

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

        Civil Judicial Procedures and Remedies.--There is an independent
    and impartial judiciary in civil matters, as well as access to a court
    to bring lawsuits seeking damages for, or cessation of, human rights
    violations.

        f. Arbitrary Interference With Privacy, Family, Home, or
    Correspondence.--The constitution prohibits such actions, and the
    Government generally respected these prohibitions in practice.
    Section 2. Respect for Civil Liberties, Including:

        a. Freedom of Speech and Press.--The constitution provides for
    freedom of speech and of the press, and the Government generally
    respected these rights in practice. Although there were no government
    restrictions, there were some concerns about the lack of local
    independent media.
        The Government Broadcasting and Publications Authority (BPA)
    operated Radio Kiribati, the dominant news source in the country, and
    published a twice-weekly newspaper. A board of directors appointed by
    the Government oversees BPA operations. A media company owned by a
    member of Parliament affiliated with the governing party operated the
    country's other radio station and published a weekly newspaper.
        International media were allowed to operate freely. The law
    requires newspapers to register with the Government, but there were no
    reports the Government denied registration to any publication.

        Internet Freedom.--There were no government restrictions on access
    to the Internet or reports that the Government monitored e-mail or
    Internet chat rooms. Individuals and groups could engage in the
    expression of views via the Internet, including by e-mail. While
    generally available and accessible on South Tarawa, public access to
    the Internet elsewhere in the country was limited by lack of
    infrastructure. The International Telecommunication Union reported that
    approximately 2 percent of the country's inhabitants used the Internet
    in 2009.

        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.--For a complete description of religious
    freedom, please see the 2010 International Religious Freedom Report at
    www.state.gov/g/drl/irf/rpt

        d. Freedom of Movement, Internally Displaced Persons, Protection of
    Refugees, and Stateless Persons.--The constitution provides for freedom
    of movement within the country, foreign travel, emigration, and
    repatriation, and the Government generally respected these rights in
    practice. Although the law prohibits government restrictions on
    citizens' freedom of movement, it does not restrict such actions by
    traditional village councils.
        The need did not arise during the year for government cooperation
    with the Office of the UN High Commissioner for Refugees or other
    humanitarian organizations in providing protection and assistance to
    internally displaced persons, refugees, returning refugees, asylum
    seekers, stateless persons, and other persons of concern.
        The law provides for the forced expulsion from the country of a
    convicted person if ``in the interests of'' defense, public safety,
    order, morality, health, or environmental conservation. The Government
    did not use forced exile. On rare occasions traditional village
    councils and the courts have banished persons from a specific island
    within the country, usually for a fixed period of time, but there were
    no reports of such banishments during the year.

        Protection of Refugees.--The country is not a party to the 1951
    Convention relating to the Status of Refugees or the 1967 Protocol
    relating to the Status of Refugees. Its laws do not provide for the
    granting of asylum or refugee status, and the Government has not
    established a system for providing protection to refugees. During the
    year there were no applications for refugee resettlement, asylum, or
    protection against the expulsion or return of refugees to countries
    where their lives or freedom would be threatened on account of their
    race, religion, nationality, membership in a particular social group,
    or political opinion.
    Section 3. Respect for Political Rights: The Right of Citizens to
            Change Their Government
        The constitution provides citizens the right to change their
    government peacefully, and citizens exercised this right in practice
    through periodic, free, and fair elections held on the basis of
    universal suffrage.

        Elections and Political Participation.--The legislature has 45
    members: 43 are elected by universal adult suffrage, the Rabi Island
    Council of I-Kiribati (persons of Kiribati ancestry) in Fiji selects
    one, and the attorney general is an ex officio member. The most recent
    parliamentary elections were held in August 2007. In October 2007 the
    legislature elected Anote Tong of the Boutokaan Te Koaua party to a
    second term as president. The elections were considered generally free
    and fair. There were no government restrictions on political opponents,
    and political parties could operate without restriction or outside
    interference. Elected village councils run local governments in
    consultation with traditional village elders.
        There were three women in the 45-member legislature. Several
    permanent secretaries were women.
        The president and several members of the legislature were of mixed
    descent.
    Section 4. Official Corruption and Government Transparency
        The law provides criminal penalties for official corruption, but
    the Government did not always implement the law effectively. Government
    officials have sometimes engaged in corrupt practices with impunity,
    but there were no specific reports of government corruption during the
    year.
        Nepotism, based on tribal, church, and family ties, was prevalent.
    Public officials were not subject to financial disclosure laws. The
    auditor general is responsible for oversight of government
    expenditures. In reality the auditor general lacked sufficient
    resources, and findings of misappropriations and unaccounted for funds
    were generally ignored, or the investigations were inconclusive.
        Since 2009, together with Nauru and Tuvalu, the country has
    participated in a subregional audit support program, an initiative of
    the Pacific Association of Supreme Audit Institutions, with the goal of
    enabling public accounts to be audited to uniformly high standards in a
    timely manner.
        No law specifically provides for citizen or media access to
    government information. In practice the Government was fairly
    responsive to individual requests for information.
    Section 5. Governmental Attitude Regarding International and
            Nongovernmental Investigation of Alleged Violations of Human
            Rights
        Domestic and international human rights groups generally operated
    without government restriction. Government officials were cooperative
    and responsive to their views.
    Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
        The constitution prohibits discrimination on the basis of race,
    national origin, or color, and the Government observed these
    prohibitions in practice; however, only native I-Kiribati may own land.

        Women.--Spousal abuse and other forms of violence against women
    were significant problems. Alcohol abuse frequently was a factor in
    attacks on women. Rape, including spousal rape, is a crime, with a
    maximum penalty of life imprisonment, but sentences were typically much
    shorter.
        According to a Kiribati Family Health and Safety Study prepared in
    2009 by the Secretariat of the Pacific Community, approximately 75
    percent of the women surveyed had been victims of domestic violence at
    some time in their lives. The law does not address domestic violence
    specifically, but general common law and criminal law make assault in
    all forms illegal. The law provides for penalties of up to six months'
    imprisonment for common assault and up to five years' imprisonment for
    assault involving bodily harm. Prosecutions for rape and domestic
    assault were infrequent, largely due to cultural taboos on reporting
    such crimes and police attitudes encouraging reconciliation over
    prosecution.
        The law does not specifically prohibit sex tourism. There were
    reports of foreign fishermen engaging in commercial sexual acts with
    minors (see section 6, Children). Obscene or indecent behavior is
    banned.
        The law does not prohibit sexual harassment. Information presented
    in workshops conducted during the year in connection with efforts to
    develop a national policy on gender equality indicated that sexual
    harassment was more widespread than previously regarded.
        Couples and individuals have the right to decide freely and
    responsibly the number, spacing, and timing of their children. Access
    to contraception, as well as prenatal, obstetric, and postnatal care,
    was available from public health hospitals and centers. According to
    the World Health Organization, approximately 90 percent of births were
    attended by skilled health personnel, and the maternal mortality was
    estimated to be 158 deaths per 100,000 live births based on data from
    the 2005 census. According to indicators published by the Population
    Reference Bureau, an estimated 36 percent of married women ages 15-49
    used some form of contraception, and an estimated 31 percent used
    modern contraceptive methods. Women and men had equal access to
    diagnosis and treatment for sexually transmitted infections, including
    HIV.
        The law does not prohibit discrimination on the basis of gender,
    and the traditional culture, in which men are dominant, impeded a more
    active role for women in the economy. Women filled many government
    office and teaching positions. According to the most recent census in
    2005, 56 percent of professionals were women (primarily teachers and
    nurses). Statistics generally were not well collected in the country,
    and data on the participation of women in the work force and on
    comparative wages were unavailable. Women have rights of ownership and
    inheritance of property as well as full and equal access to education.
    However, land inheritance laws are patrilineal, and sons are entitled
    to more land than are daughters.
        The Citizenship Act contains some discriminatory provisions. For
    example, the foreign wife of a male citizen acquires citizenship
    automatically through the marriage; however, the foreign husband of a
    female citizen does not. A man who applies for citizenship through
    naturalization may include his wife and children in his application;
    however, a woman may not include her husband and children in her
    application.

        Children.--Citizenship is derived by birth in the country, unless
    the child acquires the citizenship of another country at birth through
    a noncitizen parent. Citizenship is also derived through one's father.
        Chronic alcohol abuse leading to child abuse (physical and
    occasionally sexual) and neglect continued to be a serious problem.
    There is a police unit specifically focused on child and family
    violence.
        Crewmembers of foreign fishing vessels that stopped in the country
    engaged in commercial sexual exploitation of women, some of whom were
    underage. The Police Domestic Violence and Sexual Offenses Unit
    reported that they had boarded foreign shipping vessels and found young
    women engaged in such prostitution, but there were no statistics on the
    number of girls under age 18 involved in such activity. Some girls
    worked as prostitutes in bars frequented by crewmembers. Local I-
    Kiribati, sometimes including family members, acted as facilitators,
    delivering girls to the boats. The girls generally received cash, food,
    or goods in exchange for sexual services. The lack of a legal ban on
    prostitution, and the fact that the legal age of consent is 15,
    hindered police efforts to stem the practice.
        The minimum age for consensual sex is 15. Sexual relations with a
    girl under age 13 carries a maximum penalty of life imprisonment, and
    sexual relations with a girl aged 13-14 carries a maximum penalty of
    five years' imprisonment. The victim's consent is not a permissible
    defense under either provision; however, in the latter case, reasonable
    belief the victim was 15 or older is a permissible defense.
        The penal code has no specific provision concerning child
    pornography.
        The country is not a party to the 1980 Hague Convention on the
    Civil Aspects of International Child Abduction. For information on
    international parental child abduction, please see the Department of
    State's annual report on compliance at http://travel.state.gov/
    abduction/resources/congressreport/congressreport--4308.html.

        Anti-Semitism.--The country's Jewish community was limited to a few
    foreign nationals, and there were no reports of anti-Semitic acts.

        Trafficking in Persons.--For information on trafficking in persons,
    please see the Department of State's annual Trafficking in Persons
    Report at www.state.gov/g/tip

        Persons With Disabilities.--The law does not specifically prohibit
    discrimination against persons with disabilities; however, there were
    no formal complaints of discrimination in employment, education, or the
    provision of other state services for persons with physical, sensory,
    intellectual, or mental disabilities. Accessibility of buildings,
    communications, and information for persons with disabilities is not
    mandated, and there were no special accommodations for persons with
    disabilities. There were two main nongovernmental organizations that
    supported and advocated for persons with disabilities: Te Toa Matoa
    (Disabled Persons' Organization) and the School for the Disabled. The
    school offered special elementary education classes and programs for
    children with disabilities from age six to age 14 years. The central
    hospital on Tarawa had a wing for persons with mental disabilities, and
    there was a psychiatrist working on Tarawa. Physiotherapy services also
    were offered at the hospital for persons with physical disabilities.
        There was no government agency specifically responsible for
    protecting the rights of persons with disabilities.

        Societal Abuses, Discrimination, and Acts of Violence Based on
    Sexual Orientation and Gender Identity.--Sodomy and acts of ``gross
    indecency between males'' are illegal, with maximum penalties of seven
    and five years' imprisonment, respectively, but there were no reports
    of prosecutions directed at lesbian, gay, bisexual, or transgender
    persons under these provisions. There were no reports of societal
    discrimination or violence based on sexual orientation or gender
    identity.

        Other Societal Violence or Discrimination.--There were no reports
    of societal discrimination or violence against persons with HIV/AIDS. A
    government-run HIV/AIDS taskforce coordinated outreach and educational
    activities concerning HIV/AIDS.
    Section 7. Worker Rights

        a. The Right of Association.--The constitution provides for freedom
    of association, and workers are free to join and organize unions;
    workers exercised these rights in practice. The Government did not
    control or restrict union activities; however, unions must register
    with the Government.
        According to the 2005 census, the labor participation rate was
    approximately 64 percent, with 37 percent of the adult workforce
    occupied in subsistence farming or fishing. An estimated 10 percent of
    wage-earning workers were union members. Employers and workers were
    represented through the Kiribati Chamber of Commerce and the Kiribati
    Trade Unions Council, respectively. There were no official public-
    sector trade unions, but nurses and teachers belonged to voluntary
    employee associations similar to unions and constituted approximately
    30 to 40 percent of total union and association membership.
        The law provides for the right to strike, but no strikes have taken
    place since 1980. There were no instances reported during the year in
    which the right to strike was denied.

        b. The Right to Organize and Bargain Collectively.--The law
    protects workers from employer interference in their right to organize
    and administer unions and provides for collective bargaining. The
    Government's Public Service Office sets wages in the large public
    sector (53 percent of workers in the cash economy, according to the
    2005 census). In a few statutory bodies and government-owned companies,
    however, employees could negotiate wages and other conditions. In the
    private sector, individual employees also could negotiate wages with
    employers. In keeping with tradition, negotiations generally were
    nonconfrontational. There were no collective bargaining agreements
    during the year. There were no reports of antiunion discrimination, and
    there were mechanisms to resolve any complaints that might arise.
        There are no export processing zones.

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

        d. Prohibition of Child Labor and Minimum Age for Employment.--The
    law prohibits the employment of children under age 14. Children through
    the age of 15 are prohibited from industrial employment and employment
    aboard ships. Officers from the Ministry of Labor and Human Resources
    Development generally enforced these laws effectively. Children rarely
    were employed outside the traditional economy.
        Also see the Department of State's annual Trafficking in Persons
    Report at www.state.gov/g/tip.

        e. Acceptable Conditions of Work.--The wage-earning workforce
    consisted of approximately 13,100 persons, mostly employed on the main
    atoll of Tarawa, the political and commercial capital. The remainder of
    the working population worked within a subsistence economy. There is no
    official minimum wage, but the Labor Ministry estimated the ``non-
    legislated'' minimum to be between A$1.60 and A$1.70 (approximately
    $1.60 and $1.70) per hour. There is provision for a minimum wage at the
    discretion of the Labor Ministry, but it has never been implemented.
    The standard wage income provided a marginally decent standard of
    living for a worker and family.
        There is no legislatively prescribed workweek. Workers in the
    public sector worked 36.25 hours per week, with overtime pay for
    additional hours.
        Employment laws provide rudimentary health and safety standards for
    the workplace, which the Labor Ministry is responsible for enforcing.
    Employers are liable for the expenses of workers injured on the job,
    but a lack of qualified personnel hampered the Government's ability to
    enforce employment laws, and no workplace inspections were conducted
    during the year. Workers do not have the right to remove themselves
    from hazardous work sites without risking loss of employment.

                                   __________

                     KOREA, DEMOCRATIC PEOPLE'S REPUBLIC OF

        The Democratic People's Republic of Korea (DPRK or North Korea) \1\
    is a dictatorship under the absolute rule of Kim Jong-il, general
    secretary of the Korean Workers' Party (KWP) and chairman of the
    National Defense Commission (NDC), the ``highest office of state.'' The
    country has an estimated population of 23.5 million. Kim's father, the
    late Kim Il-sung, remains ``eternal president.'' National elections
    held in March 2009 were not free or fair. Security forces did not
    report to civilian authorities.
    ---------------------------------------------------------------------------
        \1\ Note on Sourcing: The United States does not have diplomatic
    relations with the Democratic People's Republic of Korea. North Korea
    does not allow representatives of foreign governments, journalists, or
    other invited guests the freedom of movement that would enable them to
    assess fully human rights conditions or confirm reported abuses. When
    referenced, refugee testimony can be dated because of the time lapse
    between refugee departure from North Korea and contact with NGOs or
    officials able to document human rights conditions.
    ---------------------------------------------------------------------------
        Citizens did not have the right to change their government. The
    Government subjected citizens to rigid controls over many aspects of
    their lives. There continued to be reports of extrajudicial killings,
    disappearances, arbitrary detention, arrests of political prisoners,
    harsh and life-threatening prison conditions, and torture. There
    continued to be reports that pregnant female prisoners underwent forced
    abortions in some cases, and in other cases babies were killed upon
    birth in prisons. The judiciary was not independent and did not provide
    fair trials. Citizens were denied freedom of speech, press, assembly,
    and association, and the Government attempted to control all
    information. The Government restricted freedom of religion, citizens'
    movement, and worker rights. There continued to be reports of severe
    punishment of some repatriated refugees and their family members. There
    were widespread reports of trafficking in women and girls among
    refugees and workers crossing the border into China.
                            respect for human rights
    Section 1. Respect for the Integrity of the Person, Including Freedom
            From:

        a. Arbitrary or Unlawful Deprivation of Life.--There were numerous
    reports that the Government committed arbitrary and unlawful killings.
    Defector and refugee reports indicated that in some instances the
    Government executed political prisoners, opponents of the regime,
    repatriated defectors, and others accused of crimes with no judicial
    process. The law prescribes the death penalty for the most ``serious''
    or ``grave'' cases of ``antistate'' or ``antination'' crimes,
    including: participation in a coup or plotting to overthrow the state;
    acts of terrorism for an antistate purpose; treason, which includes
    defection or handing over state secrets; suppressing the people's
    movement for national liberation; cutting electric power lines or
    communication lines; and illegal drug transactions. According to
    nongovernmental organizations (NGOs) and think tanks in the Republic of
    Korea (ROK or South Korea), a 2007 addendum to the penal code extended
    executions to include less serious crimes such as theft or destruction
    of military facilities or national assets, fraud, kidnapping,
    smuggling, and trafficking.
        Border guards reportedly had orders to shoot to kill potential
    defectors, and prison guards were under orders to shoot to kill those
    attempting to escape from political prison camps, but it was not
    possible to determine if this practice continued during the year.
    During the year the Government reportedly announced that attempting to
    cross the border or aiding others in such an attempt was punishable by
    execution. Religious and human rights groups outside the country
    alleged that some North Koreans who had contact with foreigners across
    the Chinese border were imprisoned or killed.
        During the year South Korean officials and NGOs reported that
    public executions continued, but no official statistics were available.
        In January an NGO reported that authorities executed three citizens
    who attempted to defect and sent the attempted defectors' families
    either to political prison camps or rural provinces (see section 1.f.).
    This incident was reportedly part of the ``50-Day Battle'' security
    crackdown to prevent defections (see section 2.d.).
        South Korean press reported in March that authorities executed a
    man by firing squad for making an unauthorized phone call to contacts
    outside of North Korea. He was allegedly describing rice prices and
    living conditions in North Korea.
        In March after the 2009 currency revaluation, international press
    reported a man was shot and killed for treason for burning his money,
    which bore a picture of Kim Il-sung, instead of giving it to the
    Government.
        Press and NGOs reported the execution of officials, including Park
    Nam-ki, director of planning and finance, reportedly for initiating the
    November 2009 currency reform policy (see section 2.e.). This report
    has not been confirmed.
        It was unknown whether the Government prosecuted or otherwise
    disciplined members of the security forces for killings that occurred
    in 2008 and 2009.
        In July press reported that, according to his brother, Son Jong-nam
    was executed in December 2008. Son Jong-nam was sentenced to death in
    2006 for maintaining contacts with organizations outside the country.

        b. Disappearance.--NGO, think tank, and press reports indicated
    that the Government was responsible for disappearances. In recent years
    defectors claimed that state security officers often apprehended
    individuals suspected of political crimes and sent them, without trial,
    to political prison camps. There are no restrictions on the ability of
    the Government to detain and imprison persons at will and to hold them
    incommunicado. The penal code states that a prosecutor's approval is
    required to detain a suspect; however, the Government ignored this law
    in practice.
        In June international press reported the disappearance of Ri Je
    Gang, a first deputy director of the Workers Party's Organization and
    Guidance Department. North Korea's news media reported that Ri died in
    a car accident; international press reported speculation that Ri's
    death was possibly the result of an internal power struggle.
        In February foreign media reported that female prisoners in prison
    camps who were impregnated by guards disappeared shortly after the
    pregnancy was discovered.
        In February an NGO reported a woman in Chungjin, North Hamgyoung
    Province, disappeared after making a statement about the difficulty of
    market activities following the currency revaluation. The female
    merchant was not seen after authorities allegedly called her to the
    security department on February 3.
        Japan continued to seek further information about the cases of 12
    Japanese nationals whom the Japanese government designated as having
    been abducted by DPRK government entities. The DPRK did not announce
    any progress or results of an investigation it agreed to reopen after
    discussions with the Japanese government in 2008. Japan also hoped to
    gain answers regarding other cases of suspected abductions of Japanese
    nationals.
        ROK government and media reports indicated that the DPRK government
    also kidnapped other nationals from locations abroad in the 1970s and
    1980s. However, the DPRK government continued to deny its involvement
    in the kidnappings. The ROK government estimated that approximately 496
    of its civilians, abducted or detained by DPRK authorities since the
    end of the Korean War, remained in the DPRK. The ROK government also
    estimated 560 South Korean prisoners of war and soldiers missing in
    action also remained alive in North Korea.
        In 2008 the media reported South Korean missionary Kim Dong-shik
    had most likely died within a year of his 2000 disappearance near the
    China-DPRK border.

        c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
    Punishment.--The penal code prohibits torture or inhuman treatment;
    however, many sources continued to report these practices. Methods of
    torture and other abuse reportedly included severe beatings, electric
    shock, prolonged periods of exposure to the elements, humiliations such
    as public nakedness, confinement for up to several weeks in small
    ``punishment cells'' in which prisoners were unable to stand upright or
    lie down, being forced to kneel or sit immobilized for long periods,
    being hung by the wrists or forced to stand up and sit down to the
    point of collapse, and forcing mothers recently repatriated
    involuntarily from China to watch the infanticide of their newborn
    infants. Defectors continued to report that many prisoners died from
    torture, disease, starvation, exposure to the elements, or a
    combination of these causes.
        During the year a Human Rights Watch release provided an account of
    torture experienced by Shin Dong-hyuk, a defector born and confined in
    a political prison camp in Kaechon in South Pyongan Province for 22
    years. In previous testimonies, Shin had stated that beatings and
    torture were common within the camp. The 2010 Witness to
    Transformation: Refugee Insights into North Korea study (Witness to
    Transformation), published by the Peterson Institute of International
    Economics, noted that 90 percent of refugee respondents who had been
    incarcerated in North Korea witnessed forced starvation, 60 percent
    witnessed death due to beating or torture, and 27 percent witnessed
    executions.
        The North Korean Human Rights Database Center's 2010 White Paper on
    North Korean Human Rights indicated that officials have in some cases
    prohibited live births in prison and ordered forced abortions,
    particularly in detention centers holding women repatriated from China,
    according to first-hand refugee testimony. In some cases of live birth,
    the white paper reported that prison guards killed the infant or left
    it for dead. Guards also sexually abused female prisoners according to
    the white paper.
        Defectors reported that reeducation through labor, primarily
    through sentences at forced labor camps, was a common punishment and
    consisted of difficult physical labor such as logging, mining, or
    tending crops under harsh conditions. Reeducation involved memorizing
    speeches by Kim Il-sung and Kim Jong-il.

        Prison and Detention Center Conditions.--NGO, refugee, and press
    reports indicated that there were several types of prisons, detention
    centers, and camps, including forced labor camps and separate camps for
    political prisoners. Witness to Transformation described four main
    types of prison and detention facilities: kwan-li-so, political penal-
    labor camps; kyo-hwa-so, correctional or reeducation centers; jip-kyul-
    so, collection centers for low-level criminals; and ro-dong-dan-ryeon-
    dae, labor-training centers. One kwan-li-so camp, Camp 22, is estimated
    to be 31 miles long and 25 miles wide and to hold 50,000 inmates.
    Defectors claimed the kwan-li-so camps contained unmarked graves,
    barracks, worksites, and other prison facilities. The Washington Post
    reported in July 2009 that numerous prison camps can be seen in
    satellite images and that the camps have been consolidated from 14
    locations to five. An NGO reported six major prison camp complexes
    across the country. Kwan-li-so penal-labor camps are administered by
    the National Security Agency (NSA); kyo-hwa-so reeducation centers are
    administered by the People's Safety Agency (PSA). An NGO reported six
    kwan-li-so facilities: Kaecheon (No.14) and Bukchang (No.18) in South
    Pyongan Province, Yoduk (No.15) in South Hamkyung Province, and Hwasung
    (No.16), Chongjin (No.25), and Hoiryeong (No.22) in North Hamkyung
    Province as North Korea's six remaining political prison camps.
        Reports indicated that those sentenced to prison for nonpolitical
    crimes were typically sent to reeducation prisons where prisoners were
    subjected to intense forced labor. They stated that those who were
    considered hostile to the regime or who committed political crimes were
    sent to political prison camps indefinitely. Many prisoners in
    political prison camps were not expected to survive. The Government
    continued to deny the existence of political prison camps.
        Reports indicated that conditions in the political prison camps
    were harsh and that systematic and severe human rights abuses occurred
    throughout the prison and detention system. Detainees and prisoners
    consistently reported violence and torture. Press reported defector
    accounts of public executions in political prison camps. According to
    refugees, in some places of detention, prisoners received little or no
    food and were denied medical care. Sanitation was poor, and former
    labor camp inmates reported they had no changes of clothing during
    their incarceration and were rarely able to bathe or wash their
    clothing. An NGO reported that one reeducation center was so crowded
    that prisoners were forced to sleep on top of each other or sitting up.
    The same NGO reported that guards at a labor camp stole food brought
    for inmates by their family members. An NGO reported in January
    unsanitary conditions, crowding of inmates, and high death rates caused
    by epidemics in a reeducation center.
        South Korean and international press reported that kyo-hwa-so, or
    reeducation centers, hold populations of up to 10,000 political
    prisoners, economic criminals, and ordinary criminals.
        During the year the South Korean National Human Rights Commission
    reported that defectors indicated that North Korean authorities
    selected prison inmates to spy on others and to torture other
    prisoners. The commission also reported that attempts to escape led to
    execution by firing squad or hanging.
        South Korean press reported an increase in the number of inmates at
    a labor camp under the Ministry of People's Armed Forces in North
    Hamkyung Province.
        Estimates of the total number of prisoners and detained in the
    kwan-li-so political penal-labor camps range between 150,000-200,000.
    The Washington Post and Donga Ilbo estimated 154,000 prisoners.
    Information on the number of women and juvenile prisoners was not
    available. No additional information was available on whether men and
    women were held together or if conditions varied for women. One NGO
    reported that political prisoners sent to punishment facilities were
    subject to torture without consideration of their gender.
        Under the Criminal Procedure Law, a criminal case is dismissed in
    case of a crime committed by a person under 14 years of age and under
    article 62 public education is applied in case of a crime committed by
    a person above 14 and under 17 years of age. One NGO reported in a
    survey of 20 defector youth that five reported experiencing torture
    while incarcerated between 1998 and 2003. There was no way to confirm
    whether changes to the criminal law in 2004 and 2005 resulted in less
    severe treatment for juveniles.
        One NGO reported that women make up the majority of prisoners in
    ro-dong-dan-ryeon-dae, or labor-training centers; the majority of
    prisoners in these facilities were repatriated from China.
        There was no information available on whether prisoners and
    detainees had reasonable access to visitors. In past years defectors
    reported that Christians were subjected to harsh punishments if their
    faith was made public. No information was available on whether
    prisoners or detainees could submit complaints to judicial authorities
    without censorship or request investigation of credible allegations of
    inhumane conditions. It is also not known whether results of
    investigations were made public. There was no information on whether
    the Government investigated or monitored prison and detention
    conditions. Neither the UN Special Rapporteur on the human rights
    situation in the DPRK nor the UN Special Rapporteur on Torture have
    been allowed to independently assess conditions inside the country.
        The Government did not permit inspection of prisons or detention
    camps by human rights monitors. There was no information on whether
    ombudsmen can serve on behalf of prisoners and detainees to consider
    such matters as alternatives to incarceration for nonviolent offenders
    to alleviate inhumane overcrowding; addressing the status and
    circumstances of confinement of juvenile offenders; and improving
    pretrial detention, bail, and recordkeeping procedures to ensure
    prisoners do not serve beyond the maximum sentence for the charged
    offense.

        d. Arbitrary Arrest or Detention.--The law prohibits arbitrary
    arrest and detention, but reports indicated that the Government did not
    observe these prohibitions in practice.
        Witness to Transformation reported that authorities had a high
    level of discretion in detaining, arresting, prosecuting, and releasing
    people.
        Following the currency revaluation, an NGO reported in January the
    arrest of 40 individuals for dumping or burning the old currency. The
    Provincial Police Department deemed destroying old currency as treason
    because the currency had pictures of Kim Il-song.

        Role of the Police and Security Apparatus.--The internal security
    apparatus includes the Ministry of Public Security (MPS) and the State
    Security Department (SSD). The security forces do not have adequate
    mechanisms to investigate possible security force abuses.
        The formal public security structure was augmented by a pervasive
    system of informers throughout the society. Surveillance of citizens,
    both physical and electronic, was routine.
        The MPS, responsible for internal security, social control, and
    basic police functions, is one of the most powerful organizations in
    the country and controlled an estimated 144,000 public security
    personnel. MPS maintains law and order; investigates common criminal
    cases; manages the prison system; controls traffic; monitors citizens'
    political attitudes; conducts background investigations, census, and
    civil registrations; controls individual travel; manages the
    Government's classified documents; protects government and party
    officials; and patrols government buildings and some government and
    party construction activities. Border Guards are the paramilitary force
    of the MPS and are primarily concerned with monitoring the border and
    with internal security.
        NGOs reported a ``50-Day Battle'' initiated by the Government in
    January to increase surveillance and the role of the public security
    forces to prevent defections (see section 2.d.).

        Arrest Procedures and Treatment While in Detention.--Revisions to
    the Criminal Code and the Criminal Procedure Code in 2004 and 2005
    added shortened periods of detention during prosecution and trial,
    arrest by warrant, and prohibition of collecting evidence by forced
    confessions. There was no confirmation of whether these changes were
    incorporated in practice, or if the Government increased the amount of
    resources to eliminate inhumane conditions.
        Members of the security forces arrested and reportedly transported
    citizens suspected of committing political crimes to prison camps
    without trial. According to one South Korean NGO, beginning in 2008 the
    PSA was authorized to handle directly criminal cases without approval
    of prosecutors. Previously, once police officers arrested suspects, the
    preadjudication department examined facts and evidence of the case and
    passed the case to prosecutors. The court made an official decision on
    the case only after completion of the prosecutors' investigation. The
    change was made reportedly because of corruption among prosecutors. One
    NGO reported that investigators could detain an individual for the
    purpose of investigation up to two months.
        There were no restrictions on the Government's ability to detain
    and imprison persons at will or to hold them incommunicado. Family
    members and other concerned persons found it virtually impossible to
    obtain information on charges against detained persons or the lengths
    of their sentences. Judicial review of detentions did not exist in law
    or in practice.

        e. Denial of Fair Public Trial.--The constitution states that
    courts are independent and that judicial proceedings are to be carried
    out in strict accordance with the law; however, an independent
    judiciary did not exist. The constitution mandates that the central
    court is accountable to the Supreme People's Assembly, and the criminal
    code subjects judges to criminal liability for handing down ``unjust
    judgments.'' Witness to Transformation reported that only 13 percent of
    the 102 respondents who were incarcerated in the country received a
    trial.

        Trial Procedures.--The MPS dispensed with trials in political cases
    and referred prisoners to the SSD for punishment. Little information
    was available on formal criminal justice procedures and practices, and
    outside access to the legal system was limited to trials for traffic
    violations and other minor offenses.
        The constitution contains elaborate procedural protections,
    providing that cases should be heard in public, except under
    circumstances stipulated by law. The constitution also states that the
    accused has the right to a defense, and when trials were held, the
    Government reportedly assigned lawyers. Some reports noted a
    distinction between those accused of political, as opposed to
    nonpolitical, crimes and claimed that the Government offered trials and
    lawyers only to the latter. There was no indication that independent,
    nongovernmental defense lawyers existed. According to a Washington Post
    report and the South Korean National Human Rights Commission report,
    most inmates at prison camps were sent there without a trial and
    without knowing the charges against them.

        Political Prisoners and Detainees.--While the total number of
    political prisoners and detainees remained unknown, a 2003 report by
    the U.S. Committee for Human Rights in North Korea, The Hidden Gulag,
    reported an estimated 150,000 to 200,000 persons were believed to be
    held in kwan-li-so political penal-labor camps. The Washington Post and
    Donga Ilbo estimated 154,000 political prisoners were being held in
    labor camps. The Government considered critics of the regime to be
    political criminals. Political offenses reported during the year
    included burning old currency or criticizing the Government's currency
    revaluation. Reports from past years described political offenses as
    including sitting on newspapers bearing Kim Il-sung's or Kim Jong-il's
    picture, mentioning Kim Il-sung's limited formal education, or defacing
    photographs of the Kims.

        Civil Judicial Procedures and Remedies.--According to article 69 of
    the constitution, ``[c]itizens are entitled to submit complaints and
    petitions. The state shall fairly investigate and deal with complaints
    and petitions as fixed by law.'' Under the Law on Complaint and
    Petition, citizens are entitled to submit complaints to stop
    encroachment upon their rights and interests or seek compensation for
    the encroached rights and interests. Reports indicated this right was
    not respected in practice.
        During the year the currency revaluation of November 2009 was
    reversed following reports of food shortages and public discontent and
    unrest. The November 2009 currency revaluation decreed that families
    could only trade 100,000 won (approximately $30), for new won. (Note:
    following the Government currency revaluation in November 2009, the
    exchange rate has fluctuated. Approximations in this report are based
    on the rate as of December 2010.) No other property restitution was
    granted.

        f. Arbitrary Interference With Privacy, Family, Home, or
    Correspondence.--The constitution provides for the inviolability of
    person and residence and the privacy of correspondence; however, the
    Government did not respect these provisions in practice. The regime
    subjected its citizens to rigid controls. The Government relied upon a
    massive, multilevel system of informants to identify critics and
    potential troublemakers. Entire communities sometimes were subjected to
    security checks. Possessing ``antistate'' material and listening to
    foreign broadcasts were crimes that could subject the transgressor to
    harsh punishments, including up to five years of labor reeducation.
        The Government monitored correspondence and telephone
    conversations. Private telephone lines operated on a system that
    precluded making or receiving international calls; international phone
    lines were available only under restricted circumstances. Foreign
    diplomats in Pyongyang stated that the local network was divided so
    telephone use remained a privilege.
        During the year press reports estimated access to an internal
    mobile phone network increased to an estimated 300,000 users. The
    system was segregated from systems used by foreigners and could not be
    used for international calls. In the border regions adjacent to China,
    unauthorized Chinese mobile phones were reported to be used in making
    international calls. Those caught using such cell phones illegally were
    reportedly arrested and required to pay a fine or face charges of
    espionage, or harsher punishments.
        On February 1, the MPS issued a decree to limit communication and
    access to information from South Korea, and to increase surveillance of
    the border to prevent defections. The South Korean press reported that
    jamming devices were installed to obstruct cell phone communications.
    The press reported detentions of up to 10 years were common for
    accessing outside media. The press also reported increased punishment,
    including fines between 500,000 and one million won ($278-$556), for
    calling people in China and possible punishment for the political
    offense of communicating with South Korea. NGOs reported increased
    monitoring of Chinese cell phones by government agents and arrests for
    using cell phones to call relatives outside the country.
        In September the Washington Post reported that the city of Hoeryong
    employed 14 men to monitor the region's phone conversations; typically
    they can tap a call within two or three minutes of its being initiated.
        The Government divided citizens into strict loyalty-based classes
    known as songbun, which determined access to employment, higher
    education, place of residence, medical facilities, certain stores, and
    marriage prospects.
        Collective punishment was practiced. Entire families, including
    children, have been imprisoned when one member of the family was
    accused of a crime. Collective punishment reportedly can extend to up
    to three generations.
        The Agence France-Presse reported harsher punishments, including
    collective punishment for families of defectors. An NGO reported that
    the MPS decree issued during the year stipulated individuals caught
    using an unauthorized cell phone and their family members would be sent
    to a political prison camp.
    Section 2. Respect for Civil Liberties, Including:

        a. Freedom of Speech and Press.--The constitution provides for
    freedom of speech and of the press; however, the Government prohibited
    the exercise of these rights in practice. There were numerous instances
    of persons being interrogated or arrested for saying anything that
    could be construed as negative towards the Government.
        The constitution provides for the right to petition. However, the
    Government did not respect this right. For example, when anonymous
    petitions or complaints about state administration were submitted, the
    SSD and MPS sought to identify the authors, who could be subjected to
    investigation and punishment.
        During the year Reporters without Borders reported that two
    journalists died, resulting from harsh conditions at the Yoduk
    political prisoner camp in 2001. Both reporters reportedly were
    detained at the camp for criticizing the leadership of Kim Jong-il.
    Information regarding the deaths could not be confirmed.
        The Government sought to control virtually all information. There
    were no independent media. The Government carefully managed visits by
    foreigners, especially journalists.
        During visits by foreign leaders, groups of foreign journalists
    were permitted to accompany official delegations and file reports. In
    all cases journalists were monitored strictly. Journalists generally
    were not allowed to talk to officials or to persons on the street. For
    all foreign visitors, including journalists, cell or satellite phones
    were held at the airport for the duration of the stay.
        Domestic media censorship continued to be strictly enforced, and no
    deviation from the official government line was tolerated. The
    Government prohibited listening to foreign media broadcasts except by
    the political elite, and violators were subject to severe punishment.
    Radios and television sets, unless altered, are set to receive only
    domestic programming; radios obtained from abroad had to be altered to
    operate in a similar manner. Elites and facilities for foreigners, such
    as hotels, could be granted permission to receive international
    television broadcasts via satellite. The Government continued to
    attempt to jam all foreign radio broadcasts. The postal service is
    limited. The New York Times has reported that the phone book is
    considered classified.

        Internet Freedom.--Internet access for citizens was limited to
    high-ranking officials and other designated elites, including select
    university students. This access was granted via international
    telephone lines through a provider in China, as well as a local
    connection that was linked with a German server. An ``intranet'' was
    reportedly available to a slightly larger group of users, including an
    elite grade school, select research institutions, universities, and
    factories, and a few individuals. The Korea Computer Center acted as
    the gatekeeper, downloading only acceptable information for access
    through the intranet. Reporters Without Borders reported that some e-
    mail access existed through this internal network. According to a 2009
    press report, an increasing number of citizens had e-mail addresses on
    their business cards, although they were usually e-mail addresses
    shared among all the employees of an organization. In 2009 Reporters
    Without Borders named the country an ``Internet Enemy'' due to its
    strict Internet restrictions.

        Academic Freedom and Cultural Events.--The Government restricted
    academic freedom and controlled artistic works. A primary function of
    plays, movies, operas, children's performances, and books was to
    buttress the cult of personality surrounding Kim Il-sung and Kim Jong-
    il.
        According to North Korean media, Kim Jong-il frequently told
    officials that ideological education must take precedence over academic
    education in the nation's schools. Indoctrination was carried out
    systematically through the mass media, schools, and worker and
    neighborhood associations. Indoctrination continued to involve mass
    marches, rallies, and staged performances, sometimes including hundreds
    of thousands of persons.
        An NGO reported in January that following the currency revaluation,
    local officials lectured at education projects to silence complaints
    about the Government's policies. Police launched a ``50-Day Battle'' to
    increase security on unauthorized economic activity.
        The Government continued its attempt to limit foreign influences on
    its citizens. Listening to foreign radio and watching foreign films is
    illegal; however, numerous NGOs reported that Chinese and South Korean
    DVDs, VCDs, CDs, and videotapes continued to be smuggled into the
    country. The Government intensified its focus on preventing the
    smuggling of imports of South Korean popular culture, especially
    television dramas. According to media and NGO reports, in an attempt to
    enforce the restriction against foreign films, police routinely cut
    electricity to apartment blocks and then raided every apartment to see
    what types of DVDs and videos were stuck in the players.
        There were numerous examples of the Government's crackdown on
    foreign DVDs. In February the South Korean media reported that house
    searches to combat the spread of South Korean videos were common
    following the currency revaluation.
        During the year, the New York Times reported that a 35-year-old man
    spent six months in a labor camp in 2009 after being caught watching
    ``Twin Dragons,'' a foreign film with Jackie Chan.
        An NGO reported that in June local officials in North Hamkyung
    Province cracked down on illegal movies from the ROK. Officials entered
    homes without warning, examined electric devices to see if VCR and DVD
    players had South Korean programs, confirmed televisions and radios had
    fixed channels, and checked if households had other electronic
    equipment such as MP3 players. Recording machines and computers were
    confiscated and nine families were reportedly arrested for possessing
    South Korean DVDs.
        According to an NGO, security guards of Chungjin, North Hamkyung
    Province arrested three art students for watching and circulating South
    Korean movies with 30 other people. However, the students were underage
    and of high-status families, therefore making it difficult to impose
    harsh punishment.

        b. Freedom of Peaceful Assembly and Association.--Freedom of
    Assembly.--The constitution provides for freedom of assembly; however,
    the Government did not respect this provision in practice and continued
    to prohibit public meetings not previously authorized.
        The New York Times reported that widespread hardship, popular anger
    over the currency revaluation, and growing political uncertainty did
    not harden into noticeable resistance against the Government (see
    section 1.e.).

        Freedom of Association.--The constitution provides for freedom of
    association; however, the Government failed to respect this provision
    in practice. There were no known organizations other than those created
    by the Government. Professional associations existed primarily to
    facilitate government monitoring and control over organization members.

        c. Freedom of Religion.--For a complete description of religious
    freedom, please see the 2010 International Religious Freedom Report at
    www.state.gov/g/drl/irf/rpt

        d. Freedom of Movement, Internally Displaced Persons, Protection of
    Refugees, and Stateless Persons.--The law provides for the ``freedom to
    reside in or travel to any place''; however, the Government did not
    respect this right in practice. During the year, the Government
    continued to carefully control internal travel. 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 internally displaced persons, refugees, returning refugees, asylum
    seekers, stateless persons, and other persons.
        The Government continued to restrict the freedom to move within the
    country. Only members of a very small elite class and those with access
    to remittances from overseas had access to personal vehicles, and
    movement was hampered by the absence of an effective transport network
    and by military and police checkpoints on main roads at the entry to
    and exit from every town. Use of personal vehicles at night and on
    Sundays was restricted.
        The Government strictly controlled permission to reside in, or even
    to enter, Pyongyang, where food supplies, housing, health, and general
    living conditions were much better than in the rest of the country.
    Foreign officials visiting the country observed checkpoints on the
    highway leading into Pyongyang from the countryside.
        The Government also restricted foreign travel. The Government
    limited issuance of exit visas for foreign travel to officials and
    trusted businessmen, artists, athletes, and academics. Short-term exit
    papers were available for some residents on the Chinese border to
    enable visits with relatives or to engage in small-scale trade.
        It was not known whether the laws prohibit forced exile; the
    Government reportedly forced the internal exile of some citizens. In
    the past the Government engaged in forced internal resettlement of tens
    of thousands of persons from Pyongyang to the countryside. Sometimes
    this occurred as punishment for offenses, although there were reports
    that social engineering was also involved. For example, although
    disabled veterans were treated well, other persons with physical and
    mental disabilities, as well as those judged to be politically
    unreliable, were sent out of Pyongyang into internal exile.
        The Government did not allow emigration, and beginning in 2008 it
    tightened security on the border, which dramatically reduced the flow
    of persons crossing into China without required permits. NGOs reported
    strict patrols and surveillance of residents of border areas and a
    crackdown on border guards who may have been aiding border crossers in
    return for bribes.
        Substantial numbers of citizens have crossed the border into China
    over the years, and NGO estimates of those who lived there ranged from
    thousands to hundreds of thousands. During the year reports suggested
    that the number of North Koreans in northeastern China declined. Some
    settled semipermanently in northeastern China, others traveled back and
    forth across the border, and others sought asylum and permanent
    resettlement in third countries. A few thousand citizens were settled
    in third countries during the year.
        A February 1 decree by the MPS made special stipulations against
    defectors, increasing the charge to a ``crime of treachery against the
    nation,'' possibly punishable by execution. This decree coincided with
    NGOs' reports of a ``50-Day Battle'' to wipe out potentially hostile
    forces of unrest, increasing scrutiny of and punishments for possessing
    Chinese cell phones and South Korean videos, and preventing defections.
    Security increased along border areas, and the South Korean press
    reported increased house searches.
        South Korean press reported that the Government issued orders for
    guards to shoot to kill attempted border crossers. South Korean press
    reported that five North Koreans were shot dead on the Chinese side of
    the border and two others wounded by North Korean border guards after
    they crossed the Apnok River on December 14.
        The law criminalizes defection and attempted defection, including
    the attempt to gain entry to a foreign diplomatic facility for the
    purpose of seeking political asylum. Individuals who cross the border
    with the purpose of defecting or seeking asylum in a third country are
    subject to a minimum of five years of ``labor correction.'' In
    ``serious'' cases defectors or asylum seekers are subject to indefinite
    terms of imprisonment and forced labor, confiscation of property, or
    death. Many would-be refugees who were returned involuntarily were
    imprisoned under harsh conditions. Some sources indicated that the
    harshest treatment was reserved for those who had extensive contact
    with foreigners.
        In the past, reports from defectors indicated that the Government
    differentiated between persons who crossed the border in search of food
    (who might be sentenced only to a few months of forced labor or in some
    cases merely issued a warning) and persons who crossed repeatedly or
    for political purposes (who were sometimes sentenced to heavy
    punishments, including death). The law stipulates a sentence of up to
    two years of ``labor correction'' for the crime of illegally crossing
    the border.
        During the year the Government reportedly continued to enforce the
    policy that all border crossers be sent to prison or reeducation
    centers.
        Witness to Transform reported that approximately one-quarter of
    defectors who had successfully escaped North Korea surveyed in 2004
    reported having been arrested in China and repatriated to North Korea
    at least once before their successful departure.
        On June 13, a South Korean NGO reported that 13 North Korean
    defectors were caught in Dandong, China, and 10 were repatriated back
    to North Korea. The group consisted of two men and eight women. Three
    children of age five and six were released.
        On May 31, Asahi Shinbum of Japan reported that the North Korean
    authorities were investigating every household for defectors and
    missing persons. If a family member on the family registration was not
    occupying the household, thorough interrogation took place. More than
    1,000 of those who could not answer questions properly and clearly were
    taken away for punishment. Moreover, the Government was issuing new
    identification cards for every person older than 17 years of age, in
    order to investigate the number of missing citizens.
        On July 26, a South Korean NGO reported that three repatriated
    North Korean defectors were executed. Two brokers who had aided their
    departure were reportedly sentenced to life in prison.

        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, nor has the
    Government established a system for providing protection for refugees.
    The Government did not grant refugee status or asylum. The Government
    had no known policy or provision for refugees or asylees and did not
    participate in international refugee fora.
    Section 3. Respect for Political Rights: The Right of Citizens to
            Change Their Government
        Citizens do not have the right to change their government
    peacefully. The KWP and the Korean People's Army, with Kim Jong-il in
    control, dominated the political system. Little reliable information
    was available on intraregime politics. The legislature, the Supreme
    People's Assembly (SPA), meets only a few days per year to rubber-stamp
    resolutions and legislation presented by the party leadership.
        In September international press reported that Kim Jong-eun, son of
    Kim Jong-il, was promoted to senior military and party positions that
    established him as heir-apparent to his father and the de facto second
    in the leadership structure.
        The Government demanded near deification of both Kim Jong-il and
    Kim Il-sung. All citizens remained subject to intensive political and
    ideological indoctrination, which was intended to ensure loyalty to the
    leadership and conformity to the state's ideology and authority.

        Elections and Political Participation.--Elections of delegates to
    the SPA were held in March 2009. The elections were neither free nor
    fair, and the outcome was virtually identical to prior elections. The
    Government openly monitored voting, resulting in nearly 100 percent
    participation and 100 percent approval.
        The Government has created several ``minority parties.'' Lacking
    grassroots organizations, they existed only as rosters of officials
    with token representation in the SPA. The Government regularly
    criticized the concept of free elections and competition among
    political parties as an ``artifact'' of ``capitalist decay.''
        Following the 2003 elections, women made up 20 percent of the
    membership of the SPA. Women constituted approximately 4.5 percent of
    the membership of the Central Committee of the KWP but held few key KWP
    leadership positions. During the year Kim Kyoung-hui, minister of light
    industry and Kim Jong-il's sister, was promoted to be a member of the
    politburo and given general officer rank.
        The country is racially and ethnically homogenous. Officially there
    are no minorities, and there was no information on minority
    representation in the Government.
    Section 4. Official Corruption and Government Transparency
        It is not known whether the law provides criminal penalties for
    official corruption, whether the Government implemented any such laws
    effectively, or how often officials engaged in corrupt practices with
    impunity. Corruption was reportedly widespread in all parts of the
    economy and society. Corruption in the security forces was endemic.
        Reports of diversion of food to the military and government
    officials and bribery were indicative of corruption in the Government
    and security forces. The Government continued to deny any diversion of
    food, although it hinted that it was combating internal corruption.
        In June the New York Times reported that in the wake of the
    currency revaluation, individuals with political connections avoided
    having their savings confiscated while market traders were severely
    limited in the amount of money they were permitted to exchange into new
    won. One woman from Hamhung said the local bank director allowed her
    relatives to exchange three million won ($1,667), 30 times the official
    limit.
        In December a South Korean NGO reported that the NSA promised to
    guarantee smugglers impunity to continue their smuggling activities if
    they reported river crossers to the NSA.
        These examples were illustrative, not exhaustive, and the extent of
    corruption was unknown.
        Foreign media reported that the Government launched a formal
    corruption investigation in 2008 specifically targeting the National
    Economic Cooperation Federation and the North Korean People's Council
    for National Reconciliation. The federation reportedly accepted bribes
    to label Chinese-made goods as ``Made in North Korea,'' allowing them
    to be exported to South Korea duty free. There were no new developments
    in this case during the year.
        It was not known whether public officials are subject to financial
    disclosure laws and whether a government agency is responsible for
    combating corruption. There are no known laws that provide for public
    access to government information.
    Section 5. Governmental Attitude Regarding International and
            Nongovernmental Investigation of Alleged Violations of Human
            Rights
        There were no independent domestic organizations to monitor human
    rights conditions or to comment on the status of such rights. The
    Government's North Korean Human Rights Committee denied the existence
    of any human rights violations in the country.
        The Government ignored requests for visits from international human
    rights experts and NGOs. The NGO community and numerous international
    experts continued to testify to the grave human rights situation in the
    country during the year. The Government decried international
    statements about human rights abuses in the country as politically
    motivated and as interference in internal affairs. The Government
    asserted that criticism of its human rights record was an attempt by
    some countries to cover up their own abuses and that such hypocrisy
    undermined human rights principles.
        The Government emphasized that it had ratified a number of UN human
    rights instruments but continued to refuse cooperation with UN
    representatives. The Government prevented the newly appointed UN
    special rapporteur on the situation of human rights in the DPRK,
    Marzuki Darusman, from visiting the country to carry out his mandate.
    The Government continued to refuse to recognize the special
    rapporteur's mandate and rejected the offer of the Office of the High
    Commissioner on Human Rights to work with the Government on human
    rights treaty implementation.
    Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
        The constitution grants equal rights to all citizens. However, the
    Government has reportedly never granted its citizens most fundamental
    human rights in practice, and it continued pervasive discrimination on
    the basis of social status.

        Women.--The Government appeared to criminalize rape, but no
    information was available on details of the law and how effectively the
    law was enforced. Women in prison camps reportedly were subject to rape
    by prison guards and forced abortions.
        Violence against women has been reported as a significant problem
    both inside and outside the home.
        Women who have left the country reported that although ``sexual
    violation'' was understood, ``sexual harassment'' is not defined in the
    DPRK. Despite the 1946 Law on Equality of the Sexes, defectors reported
    that sexual harassment of women was generally accepted due to
    patriarchal traditions. Defectors reported that there was little
    recourse for women who have been harassed.
        It was difficult to obtain accurate information regarding
    reproductive rights in the country. According to the country's initial
    report to the Convention on the Elimination of All Forms of
    Discrimination Against Women submitted in 2002, ``family planning is
    mapped out by individual families in view of their actual circumstances
    and in compliance with laws, regulations, morality, and customs.Women
    have the decision of the spacing of children in view of their own wish,
    health condition, and the like. But usually the spacing of children is
    determined by the discussion between the wife and the husband.'' The UN
    Population Fund estimated that the maternal mortality ratio in 2008 was
    250 per 100,000 live births. In 2000 the country reported in the UN
    Children's Fund's (UNICEF) multiple-indicator cluster survey that a
    doctor, nurse, or skilled midwife delivered 96.7 percent of births.
        The constitution states that ``women hold equal social status and
    rights with men''; however, few women reached high levels of the party
    or the Government, although they were represented proportionally in the
    labor force.
        Press and think tanks have reported that, while women were less
    likely than men to be assigned full-time jobs, they had more
    opportunity to work outside the socialist economy.

        Children.--Citizenship is derived from one's parents and in some
    cases birth within the country's territory.
        The state provides 11 years of free compulsory education for all
    children. However, reports indicated some children were denied
    educational opportunities and subjected to punishments and
    disadvantages as a result of the loyalty classification system and the
    principle of ``collective retribution'' for the transgressions of
    family members. NGO reports also indicated children were unable to
    attend school regularly because of hidden fees or insufficient food.
        Foreign visitors and academic sources reported that from fifth
    grade children were subjected to several hours a week of mandatory
    military training and that all children had indoctrination in school.
        The UN Committee on the Rights of the Child repeatedly has
    expressed concern over de facto discrimination against children with
    disabilities and the insufficient measures taken by the state to ensure
    these children had effective access to health, education, and social
    services.
        It was not known whether boys and girls had equal access to state-
    provided medical care; access to health care was largely dependent upon
    loyalty to the Government.
        Information about societal or familial abuse of children remained
    unavailable. There were reports of trafficking in young girls among
    persons who had crossed into China.
        Article 153 of the criminal law states that a man who has sexual
    intercourse with a girl under the age of 15 shall be ``punished
    gravely.''
        In March one South Korean media source reported that the inadequacy
    of sex education in schools contributed to sexual harassment and
    violence against young girls in and out of schools.
        In February a South Korean NGO reported an increase in the number
    of street children (known as kkotjebi) in markets of North Hamkyung
    Province following the currency revaluation.
        An NGO reported that in August street children at the Shinsungchun
    station attempted to rob an individual, which led to the individual's
    death. It was reported that the authorities subsequently beat,
    arrested, and then killed the children.
        According to NGO reports, there was a large population of street
    children, many of them orphans, who were denied entrance to public
    schools.
        The country is not a party to the 1980 Hague Convention on the
    Civil Aspects of International Child Abduction.

        Anti-Semitism.--There was no known Jewish population, and there
    were no reports of anti-Semitic acts.

        Trafficking in Persons.--For information on trafficking in persons,
    please see the Department of State's annual Trafficking in Persons
    Report at www.state.gov/g/tip.

        Persons With Disabilities.--A 2003 law mandates equal access for
    persons with disabilities to public services; however, implementing
    legislation has not been passed. Traditional social norms condone
    discrimination against persons with physical disabilities. Although
    veterans with disabilities were treated well, other persons with
    physical and mental disabilities have been reportedly sent out of
    Pyongyang into internal exile, quarantined within camps, and forcibly
    sterilized. According to a report released in 2006 by the World
    Association of Milal, an international disability NGO, persons with
    disabilities constituted approximately 3.4 percent of the population,
    more than 64 percent of whom lived in urban areas. A domestic
    organization known as the Korean Federation for the Protection of the
    Disabled (KFDP) has endorsed this number. A foreign NGO reported that
    the KFDP allowed them to operate in North Korea. The NGO was allowed to
    provide support and training at an orthopedic hospital, a school for
    hearing-impaired children, a coal mine hospital, and a home for elderly
    persons with disabilities. It was not known whether the Government
    restricted the right of persons with disabilities to vote or
    participate in civic affairs.
        The KFDP was founded in 1999 to coordinate the work with disabled
    population countrywide. In 2008 KFPD formed a partnership with the
    World Federation for the Deaf (WFD). According to WFD, North Korea
    reported that it had eight schools for the deaf, founded following Kim
    Il-Sung's instruction to build several schools for deaf children in
    1959.
        UNICEF has noted that very high levels of malnutrition indicate
    serious problems for both the physical growth and psychosocial
    development of young children. The UN Food and Agriculture Organization
    (FAO) estimated that 7.8 million, or 33 percent of the population was
    undernourished. FAO estimated 37 percent of children suffered from
    stunting.

        Social Abuses, Discrimination, and Acts of Violence Based on Sexual
    Orientation and Gender Identity.--There are no laws against
    homosexuality; however, no information was available on discrimination
    based on sexual orientation or gender identity.

        Other Societal Violence or Discrimination.--No information was
    available regarding discrimination against persons with HIV/AIDS.
    Section 7. Worker Rights

        a. The Right of Association.--The constitution provides for freedom
    of association; however, this provision was not respected in practice.
    There were no known labor organizations other than those created by the
    Government. The KWP purportedly represents the interests of all labor.
    There was a single labor organization, the General Federation of Trade
    Unions of Korea. Operating under this umbrella, unions functioned on a
    classic Stalinist model, with responsibility for mobilizing workers to
    support production goals and for providing health, education, cultural,
    and welfare facilities.
        Unions do not have the right to strike. According to North Korean
    law, unlawful assembly can result in five years of correctional labor.

        b. The Right to Organize and Bargain Collectively.--Workers do not
    have the right to organize or to bargain collectively. The Government
    controls all employment aspects, ranging from assigning jobs to
    determining wages. Joint ventures and foreign-owned companies are
    required to hire their employees from government-vetted lists of
    workers. Factory and farm workers were organized into councils, which
    had an impact on management decisions. Although the law stipulates that
    employees working for foreign companies can form trade unions and that
    foreign enterprises must guarantee conditions for union activities, the
    law does not protect workers who might attempt to engage in union
    activities from employer retaliation, nor does it impose penalties for
    employers who interfere in union activities.
        There was one special economic zone (SEZ) in the Rajin-Sonbong
    area. The same labor laws that apply in the rest of the country apply
    in the Rajin-Sonbong SEZ, and workers in the SEZ were selected by the
    Government.
        Under a special law that created the Kaesong Industrial Complex
    (KIC), located close to the demilitarized zone between South Korea and
    North Korea, special regulations covering labor issues negotiated with
    South Korea were in effect for the management of labor in the area.
    Those regulations did not contain provisions that guarantee freedom of
    association or the right to bargain collectively.
        According to South Korea's Ministry of Unification, a total of 122
    South Korean firms were operational at the KIC as of December, and
    approximately 46,000 North Korean workers were employed at KIC as of
    December. South Korea's Ministry of Unification reported that the
    DPRK's Central Special Zone Development Guidance Bureau provided
    candidates for selection by South Korean companies. Under an inter-
    Korean agreement, North Korean workers at the KIC reportedly earned a
    monthly basic minimum wage of $60.77 after social welfare deductions
    (according to the KIC Labor Law, wages are set in U.S. dollars).
    Employing firms reported, however, that with overtime the average
    worker earned approximately $88 per month before deductions. Due to a
    lack of transparency, it was difficult to determine what proportion of
    their earned wages workers ultimately took home. Although the special
    laws governing the KIC require direct payment in cash to the workers,
    the wages were in fact deposited into accounts controlled by the North
    Korean government, which withheld a portion for social insurance and
    other benefits and then remitted the balance (reportedly about 70
    percent) to the workers in an unknown combination of ``commodity supply
    cards,'' which could be exchanged for staple goods, and North Korean
    won, converted at the official exchange rate. Workers at the KIC do not
    have the right to choose employers.

        c. Prohibition of Forced or Compulsory Labor.--The law prohibits
    forced or compulsory labor. However, the Government mobilized the
    population for construction and other labor projects, including on
    Sundays, the one day off per week. The penal code criminalizes forced
    child labor; however, there were reports that such practices occurred
    (see section 7.d.). The Government also frequently gathered large
    groups together for mass demonstrations and performances. ``Reformatory
    labor'' and ``reeducation through labor,'' including of children, have
    traditionally been common punishments for political offenses. Forced
    and compulsory labor, such as logging, mining, tending crops, and
    manufacturing, continued to be the common fate of political prisoners.
    The NGO Human Rights Watch reported that one defector was forced to
    work 16 hours a day in a mine.
        The penal code requires that all citizens of working age must work
    and ``strictly observe labor discipline and working hours.'' There were
    numerous reports that farms and factories did not pay wages or provide
    food to their workers. According to reports from one NGO, during the
    implementation of short-term economic plans, factories and farms
    increased workers' hours and asked workers for contributions of grain
    and money to purchase supplies for renovations and repairs. According
    to the penal code, failure to meet economic plan goals can result in
    two years of ``labor correction.''
        From April to September 2009, numerous reports indicated that the
    Government initiated a ``150-day battle'' labor-mobilization campaign
    to boost the economy by increasing work hours and production goals. The
    150-day battle campaign exhorted workers to work harder to resolve food
    shortages and to rebuild infrastructure. The labor drive was part of
    the country's larger goal of building a ``great, prosperous, and
    powerful'' nation by 2012, the birth centennial of Kim Il Sung.
    Immediately after the 150-day battle the country engaged in a second
    labor-mobilization campaign, the ``100-Day battle,'' to further
    increase output.
        A June NewYork Times report stated that each family connected to
    Chongjin state construction company was required to deliver 17 bags of
    pebbles each month to the local party committee to contribute to
    resurfacing Chongjin's only paved road in preparation for the 2012
    centennial of Kim Il-Sung's birth.
        Forced labor continued to take place in brick making, cement
    manufacturing, coal mining, gold mining, iron production, and textile
    industries.
        Also see the Department of State's annual Trafficking in Persons
    Report at www.state.gov/g/tip.

        d. Prohibition of Child Labor and Minimum Age for Employment.--
    According to the law, the state prohibits work by children under the
    age of 16 years.
        School children sometimes were sent to work in factories or in the
    fields for short periods to assist in completing special projects, such
    as snow removal on major roads, or in meeting production goals.
    Children were forced also to participate in cultural activities and,
    according to academic reports, were subjected to harsh conditions
    during mandatory training sessions. Thousands of children were
    reportedly held and forced to work in labor camps alongside their
    parents.
        Also see the Department of State's annual Trafficking in Persons
    Report at www.state.gov/g/tip.

        e. Acceptable Conditions of Work.--No reliable data were available
    on the minimum wage in state-owned industries. However, anecdotal
    reports indicated that the average daily wage was not sufficient to
    provide a decent standard of living for a worker and family. Since the
    2002 economic reforms, compensation underwent significant change, as
    citizens sought to earn hard currency to support themselves and their
    families. Workers often had to pay for services, such as housing rental
    and transportation, that previously had been provided either free or at
    highly subsidized rates by the state. Foreign observers who visited the
    country reported that many factory workers regularly failed to go to
    work, paying a bribe to managers to list them as present, so they could
    engage in various trading and entrepreneurial activities instead. The
    same source stated that many government factories were not operating,
    primarily due to electricity shortages.
        Class background and family connections could be as important as
    professional competence in deciding who received particular jobs, and
    foreign companies that have established joint ventures continued to
    report that all their employees must be hired from registers screened
    by the Government.
        The constitution stipulates an eight-hour workday; however, some
    sources reported that laborers worked longer hours, perhaps including
    additional time for mandatory study of the writings of Kim Il-sung and
    Kim Jong-il. The constitution provides all citizens with a ``right to
    rest,'' including paid leave, holidays, and access to sanitariums and
    rest homes funded at public expense; however, the state's willingness
    and ability to provide these services was unknown. Foreign diplomats
    reported that workers had 15 days of paid leave plus paid national
    holidays. Some persons were required to take part in mass events on
    holidays, which sometimes required advance practice during work time.
    Workers were often required to ``celebrate'' at least some part of
    public holidays with their work units and were able to spend a whole
    day with their families only if the holiday lasted two days.
        Many worksites were hazardous, and the industrial accident rate was
    high. The law recognizes the state's responsibility for providing
    modern and hygienic working conditions. The penal code criminalizes the
    failure to heed ``labor safety orders'' pertaining to worker safety and
    workplace conditions only if it results in the loss of lives or other
    ``grave loss.'' In addition workers do not have an enumerated right to
    remove themselves from hazardous working conditions.
        Citizens labored under harsh conditions while working abroad for
    North Korean firms and under arrangements between the Government and
    foreign firms. Contract laborers worked in Africa; Central and Eastern
    Europe (most notably in Russia); Central, East, and Southeast Asia; and
    the Middle East. In most cases employing firms paid salaries to the
    North Korean government, and it was not known how much of that salary
    the workers received. Workers were typically watched closely by
    government officials while overseas and reportedly did not have freedom
    of movement outside their living and working quarters.
        Wages of some of the several thousand North Koreans employed in
    Russia reportedly were withheld until the laborers returned home,
    making them vulnerable to deception by North Korean authorities, who
    promised relatively high payments.

                                   __________

                               KOREA, REPUBLIC OF

        The Republic of Korea (Korea or ROK) is a constitutional democracy
    governed by President Lee Myung-bak and a unicameral legislature. The
    country has a population of approximately 48 million. In 2008 the Grand
    National Party obtained a majority of National Assembly seats in a free
    and fair election. Security forces reported to civilian authorities.
        The following human rights problems were reported: hazing of
    military personnel, imprisonment of conscientious objectors, the
    Government's interpretation of laws regulating the Internet and
    telecommunications, and sexual and domestic violence.
                            respect for human rights
    Section 1. Respect for the Integrity of the Person, Including Freedom
            From:

        a. Arbitrary or Unlawful Deprivation of Life.--There were no
    reports that the Government or its agents committed arbitrary or
    unlawful killings.
        During the first six months of the year, there were 35 suicides
    among military personnel, 13 of which were cited as being caused by
    hazing, mistreatment, or an inability to adjust to military life. The
    Ministry of National Defense conducted independent investigations of
    these incidents and made no arrests. The ministry maintained a suicide
    prevention program.

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

        c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
    Punishment.--The law prohibits such practices, and there were no
    reports that government officials employed them.
        During the year the Ministry of National Defense reported 22 hazing
    incidents resulting in physical injuries. Nine persons were indicted in
    these incidents. The ministry maintained a hazing prevention program.

        Prison and Detention Center Conditions.--Prison and detention
    center conditions generally met international standards, and the
    Government permitted monitoring visits by independent human rights
    observers.
        The Ministry of Justice reported the total of number of prisoners
    at year's end was 45,681, of whom 2,375 were women and 430 were
    juveniles. Pretrial detainees generally are held at detention centers;
    when held at prisons, they are separated from the prisoners and are
    subject to looser restrictions on access to visitors and telephone use.
        Prisoners and detainees had reasonable access to visitors and were
    permitted religious observance. Authorities permitted prisoners and
    detainees to submit complaints to judicial authorities without
    censorship and to request investigation of credible allegations of
    inhumane conditions. Authorities investigated credible allegations of
    inhumane conditions and documented the results of such investigations
    in a publicly accessible manner. The Government investigated and
    monitored prison and detention center conditions.
        Prisoners can petition the Ministry of Justice's Human Rights
    Violations Center or the National Human Rights Commission (NHRC) to
    make prison abuse claims. During the year 300 petitions were submitted
    to the justice minister, of which 64 were under investigation. Of the
    67 filed with the Human Rights Violations Center, five resulted in
    findings of relief for the petitioners. The International Committee of
    the Red Cross, which maintains an office in Seoul, did not request
    prison visits during the year.

        d. Arbitrary Arrest or Detention.--The law prohibits arbitrary
    arrest and detention, and the Government generally observed these
    prohibitions. However, the National Security Law grants authorities the
    power to detain, arrest, and imprison persons who commit acts that the
    Government views as intended to endanger the ``security of the state.''
    Nongovernmental organizations (NGOs) continued to call for reform or
    repeal of the law, contending that its provisions do not define
    prohibited activity clearly. The Ministry of Justice maintained that
    the courts had established legal precedents for strict interpretation
    of the law that preclude arbitrary application.
        During the year 32 persons were detained for violating the National
    Security Law; 26 were indicted, one had indictment delayed, one was
    dismissed, and four others were under investigation. Of those who were
    indicted, 14 were convicted and 12 were in trial proceedings.
        In August authorities arrested a pastor for violating the National
    Security Law by travelling to the Democratic People's Republic of Korea
    (DPRK or North Korea) without prior permission from the Government. In
    December the pastor was sentenced to 10 years in prison.
        A secondary school teacher indicted in 2008 for violating the
    National Security Law by distributing banned material remained free on
    bail. The court heard oral arguments and indicated it would rule on the
    case in February 2011.
        Four NGO members detained and charged in September 2008 with
    illegal contact with North Korean agents and distribution of North
    Korean press material for the purpose of exalting DPRK leader Kim Jong-
    il were convicted during the year. Two of the members were serving
    prison sentences, and the two others received suspended sentences and
    probation. All four appealed the sentences and filed a defamation claim
    against the Government. In November a district court judge dismissed
    the defamation claim and stated that prosecutors did not release false
    information. The four appealed, and at year's end the case was pending
    before the Supreme Court.

        Role of the Police and Security Apparatus.--Civilian authorities
    maintained effective control over the Korean National Police Agency,
    and the Government has effective mechanisms to investigate and punish
    abuse and corruption. There were no reports of impunity involving
    security forces during the year.

        Arrest Procedures and Treatment While in Detention.--The law
    requires warrants in cases of arrest, detention, seizure, or search,
    except if a person is apprehended while committing a criminal act or if
    a judge is not available and authorities believe that a suspect may
    destroy evidence or escape capture if not arrested quickly. In such
    cases a public prosecutor or police officer must prepare an affidavit
    of emergency arrest immediately upon apprehension of the suspect.
    Police may not interrogate for more than six hours a person who
    voluntarily submits to questioning at police stations. Authorities must
    release an arrested suspect within 20 days unless an indictment is
    issued. An additional 10 days of detention is allowed in exceptional
    circumstances.
        There is a bail system. Human rights lawyers stated that
    authorities generally did not grant bail for detainees who were charged
    with committing serious offenses, might attempt to flee or harm a
    victim, or had no fixed address.
        The law provides for the right to representation by an attorney,
    including during police interrogation. There are no restrictions on
    access to a lawyer, but authorities can limit a lawyer's participation
    in an interrogation if the lawyer obstructs the interrogation or
    divulges information that impedes an investigation. The courts
    respected a defendant's right to a lawyer. During the trial stage and,
    under certain circumstances, during the pretrial stage, an indigent
    detainee may request that the Government provide a lawyer.
        Access to family members during detention varied according to the
    severity of the crime under investigation. There were no reports of
    access to legal counsel being denied.

        Amnesty.--The Ministry of Justice reported that special amnesty was
    given to 2,735 persons during the year; 5,685 others who violated only
    administrative laws also received amnesty.

        e. Denial of Fair Public Trial.--The law provides for an
    independent judiciary, and the Government generally respected judicial
    independence in practice.

        Trial Procedures.--The law provides defendants with a number of
    rights in criminal trials, including the presumption of innocence,
    protection against self-incrimination, the right to a speedy trial, the
    right of appeal, and freedom from retroactive laws and double jeopardy.
    Trials are open to the public, but judges may restrict attendance if
    they believe spectators might disrupt the proceedings. There is a
    public jury system, but jury verdicts are not legally binding. Court-
    appointed lawyers are provided by the Government (at government
    expense) in cases where defendants cannot afford to provide their own
    legal counsel. When a person is detained, the initial trial must be
    completed within six months of arrest. Judges generally allowed
    considerable scope for the examination of witnesses by both the
    prosecution and the defense. Defendants have the right to be present
    and to consult with an attorney. They can confront or question
    witnesses against them, and they can present witnesses and evidence on
    their behalf. Defendants have access to relevant government-held
    evidence. The constitution provides for the right to a fair trial for
    all citizens, and an independent judiciary generally enforced this
    right.
        In August the Ministry of Justice added grand jury review to its
    criminal procedure and installed citizen prosecution commissions at all
    prosecutors' offices.

        Political Prisoners and Detainees.--The Ministry of Justice stated
    that no persons were incarcerated solely because of their political
    beliefs.
        The law requires military service for all male citizens; it does
    not allow for conscientious objectors, who can receive a maximum three-
    year prison sentence. The Ministry of Justice noted that the law does
    not distinguish conscientious objectors from others who do not report
    for mandatory military service. The ministry reported that during the
    year there were 6,863 cases of Military Service Act violations, with
    1,358 cases referred for trial and 5,505 cases settled out of court.
        Watchtower International, a Jehovah's Witnesses organization,
    reported that in November there were 933 Jehovah's Witnesses members,
    along with approximately 30 others, serving an average of 18 months in
    prison for conscientious objection to military service. This number was
    more than double that of January 2009. Watchtower attributed the rise
    to the number of conscientious objectors who had delayed beginning
    prison terms, expecting the Ministry of National Defense to introduce
    an alternative service system for conscientious objectors. However, in
    2009 the ministry reversed its earlier position and announced it would
    not pursue the introduction of an alternative service for conscientious
    objectors.
        In November Watchtower declared it was monitoring 141 cases on
    appeal in the Supreme Court and nine cases before the Constitutional
    Court, two of which involved reservists. Constitutional Court rulings
    on the matter in 2002 and 2004 upheld the constitutionality of the law.

        Civil Judicial Procedures and Remedies.--There is an independent
    and impartial judiciary in civil matters, and there were no problems
    enforcing domestic court orders. Citizens had access to a court to
    bring lawsuits seeking damages for, or cessation of, a human rights
    violation. There are administrative and judicial remedies available for
    alleged wrongs.

        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 establishes
    conditions under which the Government may monitor telephone calls,
    mail, and other forms of communication for up to two months in criminal
    investigations and four months in national security cases. According to
    a National Assembly audit, the number of court-approved wiretappings
    decreased from 799 in the first half of 2009 to 589 in the first half
    of 2010.
        In September the Ministry of Justice indicted seven working-level
    officials from the Prime Minister's Office on charges of illegal
    civilian surveillance. The investigation found that the Public Official
    Ethics Unit within the Prime Minister's Office conducted surveillance
    on the former head of Kookmin Bank and known supporter of the previous
    administration, as well as on a National Assembly member and his wife.
    The ministry was widely criticized in the local media and by local NGOs
    for the passive manner in which the investigation was conducted. The
    investigation failed to reveal reasons for initiating the surveillance,
    additional records of surveillance, and involvement of any high-ranking
    officials in ordering the surveillance. In November the court convicted
    all seven officials and sentenced them to prison.
        The Government continued to require some released prisoners to
    report regularly to the police in accordance with the Security
    Surveillance Act.
        The National Security Law forbids citizens from listening to DPRK
    radio programs in their homes or reading books published in the DPRK if
    the Government determines that the action endangers national security
    or the basic order of democracy in the country. However, this
    prohibition was rarely enforced, and viewing DPRK satellite telecasts
    in private homes is legal.
    Section 2. Respect for Civil Liberties, Including:

        a. Freedom of Speech and Press.--The law provides for freedom of
    speech and of the press, and the Government generally respected these
    rights in practice. An independent press, an effective judiciary, and a
    functioning democratic political system combined to ensure freedom of
    speech and of the press. The independent media were active and
    expressed a wide variety of views generally without restriction. Under
    the National Security Law the Government may limit the expression of
    ideas that praise or incite the activities of antistate individuals or
    groups.
        In December the appeals court affirmed a district court's verdict
    of not guilty in the case of four producers and one writer from the
    Munwha Broadcasting Corporation's PD Notebook program. The five had
    been charged with spreading false rumors about the alleged health risks
    of eating U.S. beef. The prosecution appealed the decision to the
    Supreme Court.

        Internet Freedom.--There were some government restrictions on
    access to the Internet and reports that the Government monitored e-mail
    and Internet chat rooms.
        According to 2008 Organization for Economic Cooperation and
    Development data, 95 percent of households had access to the Internet
    through broadband connections. In addition to Internet access from
    home, public Internet rooms were widely available and inexpensive.
        The Government blocked violent, sexually explicit, and gambling-
    oriented Web sites and required site operators to rate their site as
    harmful or not to youth, based on telecommunications laws that ban
    Internet service providers from offering information considered harmful
    to youth. The Government also continued to block DPRK Web sites and
    direct access to the DPRK's YouTube channel and Twitter account. While
    viewing Web sites praising the DPRK regime remained lawful,
    disseminating information about the Web sites, including posting links
    to the sites, is unlawful under the National Security Law.
        In December the Constitutional Court struck down clause 1, article
    47, of the Framework Act on Telecommunications as unconstitutional,
    ruling that the term ``public interest'' was too broad to meet the
    constitutional requirement of a clear definition. The article, which
    prohibited individuals from making false communication over the
    Internet with the intent to harm ``public interest,'' had been used to
    indict individuals who posted allegedly misleading information about
    the prospects of financial markets, candlelight protests in 2008, and
    North Korea's attacks on a South Korean warship and Yeonpyeong Island
    during the year. Observers expected the case against 47 bloggers,
    including the blogger Minerva, who wrote more than 200 online postings
    criticizing the Government's economic policies, to be dismissed as a
    result of this ruling.
        In January 2009 the Government expanded the Network Act, which
    requires identity verification in order to post messages on Web sites,
    to apply to all Web sites operating a domestic server with more than
    100,000 visitors (previously set at 300,000) per day, thereby
    increasing the number of applicable sites from 37 to 167. A civic
    organization challenged the constitutionality of this act for
    infringing on freedom of expression. In July the Constitutional Court
    heard oral arguments but at year's end had not rendered a decision.

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

        b. Freedom of Peaceful Assembly and Association.--Freedom of
    Assembly.--The law provides for freedom of assembly, and the Government
    generally respected this right in practice. The law prohibits
    assemblies that are considered likely to undermine public order and
    requires police to be notified in advance of demonstrations of all
    types, including political rallies. Police must notify organizers if
    they consider an event impermissible under this law; however, police
    routinely approved demonstrations. The police reportedly banned some
    protests by groups that had not properly registered or that were
    responsible for violent protests in the past.
        A law passed in September 2009 by the National Assembly prohibiting
    public gatherings between sunset and sunrise became invalid when the
    National Assembly failed to revise it by June, as instructed by the
    Constitutional Court.
        The Ministry of Justice confirmed that none of the 24 riot police
    officers accused of excessive violence during the 2008 beef protests
    were arrested. In May three were fined, two were assessed fines of one
    million won (approximately $885) each, and one was assessed a fine of a
    half-million won ($440).

        Freedom of Association.--The law provides for freedom of
    association, and the Government generally respected this right in
    practice. Associations operated freely, except those seeking to
    overthrow the Government.

        c. Freedom of Religion.--For a description of religious freedom,
    please see the Department of State's 2010 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.--Citizens could generally move freely
    throughout the country; however, government officials restricted the
    movement of certain DPRK defectors by denying them passports. In many
    cases travelers going to the DPRK must receive a briefing from the
    Ministry of Unification prior to departure. They must also demonstrate
    that their trip does not have a political purpose and is not undertaken
    to praise the DPRK or criticize the ROK government.
        The Government cooperated with the Office of the UN High
    Commissioner for Refugees and other humanitarian organizations in
    assisting internally displaced persons, refugees, returning refugees,
    asylum seekers, stateless persons, and other persons of concern.
        The law does not include provisions for forced exile, and the
    Government did not employ it.

        Protection of Refugees.--The country's law provides for the
    granting of asylum or refugee status, 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
    on account of their race, religion, nationality, membership in a
    particular social group, or political opinion.
        The Government did not routinely grant refugee status or asylum.
    Government guidelines provide for offering temporary refugee status in
    the case of a mass influx of asylum seekers and an alternative form of
    protection--a renewable, short-term permit--to those who meet a broader
    definition of ``refugee.'' In May 2009 the Ministry of Justice
    increased its staff reviewing refugee applications. The average
    processing time for refugee applications decreased from 42 months in
    March 2008 to 12 months in January 2010. In November the refugee
    adjudication authority moved from the ministry's headquarters to the
    Seoul Immigration Office, streamlining the bureaucratic procedures and
    providing better access to translators available at the Seoul office.
    During the year the Government approved 47 applications for refugee
    status and rejected 168 applicants.
        Those granted refugee status are given resident status with
    employment authorization. They are provided with basic living expenses
    and medical expenses if their income falls below the poverty line. In
    May the NHRC provided consultation service to refugees. In March, for
    the first time, a non-DPRK refugee became a Korean citizen. The
    Government also provided temporary humanitarian protection to 43
    persons who may not qualify as refugees.
        The Government continued its longstanding policy of accepting
    refugees from the DPRK, who are entitled to citizenship in the ROK. The
    Government resettled 1,407 DPRK refugees in the first six months of the
    year. In July the Ministry of Unification signed a memorandum of
    understanding with the Korean Bar Association to provide legal
    assistance to the refugees. In September the ministry opened the DPRK
    Refugee Support Foundation to help defectors adjust to life in the ROK.
    Section 3. Respect for Political Rights: The Right of Citizens to
            Change Their Government
        The law provides citizens with the right to change their government
    peacefully, and citizens exercised this right in practice through
    periodic, free, and fair elections held on the basis of universal
    suffrage for all citizens 19 years of age or older.

        Elections and Political Participation.--National Assembly elections
    held in April 2008 were free and fair.
        Both the majority and the various minority political parties
    operated without restriction or outside interference.
        In general elections, 50 percent of each party's candidates on the
    proportional ballot must be women, and 30 percent of each party's
    geographical candidates are recommended to be women. At year's end
    there were 45 women in the 299-seat National Assembly, with one of 18
    National Assembly committees chaired by a woman. One of 13 Supreme
    Court justices and two of 15 cabinet ministers were women.
        There were no members of minority groups in the National Assembly.
    Section 4. Official Corruption and Government Transparency
        The law provides criminal penalties for official corruption, and
    the Government implemented the law effectively. There were reports of
    officials receiving bribes and violating election laws. According to
    the Ministry of Justice, as of November 481 government officials had
    been prosecuted for abuse of authority, bribery, embezzlement or
    misappropriation, and falsification of official documents. In the
    National Assembly, as of November one member was in detention and
    another was on trial for misappropriation and other criminal charges.
        By law public servants above a certain rank must register their
    assets, including how they were accumulated, thereby making their
    holdings public. Several government agencies are responsible for
    combating government corruption, including the Board of Audit and
    Inspection, which monitors government expenditures, and the Public
    Service Ethics Committee, which monitors civil servant financial
    disclosures and financial activities. The Anti-Corruption and Civil
    Rights Commission manages public complaints and administrative appeals
    on corrupt government practices. In the first half of the year, the
    commission logged more than 1,500 corrupt government practice claims.
    The commission also evaluates ``good governance and cleanliness'' of
    public organizations and expanded the number of organizations under its
    purview to 712, compared with 478 in 2009.
        The country has a Freedom of Information Act, and in practice the
    Government granted access for citizens and noncitizens alike, including
    foreign media.
    Section 5. Governmental Attitude Regarding International and
            Nongovernmental Investigation of Alleged Violations of Human
            Rights
        A wide variety of domestic and international human rights groups
    generally operated without government restriction, investigating and
    publishing their findings on human rights cases. Government officials
    were cooperative and responsive to their views. The Government also was
    cooperative with international organizations. UN High Commissioner for
    Human Rights Navanethem Pillay and UN Special Rapporteur for Freedom of
    Opinion and Expression Frank La Rue visited in May.
        The NHRC is an independent government body established to protect
    and promote human rights; it has no enforcement powers, and its
    decisions are not binding. The NHRC investigates complaints, issues
    policy recommendations, and conducts education campaigns.
        In December the Truth and Reconciliation Commission of Korea
    disbanded after five years of examining more than 10,000 petitions
    alleging wrongful civilian deaths caused by military and law
    enforcement authorities from the time of Japanese colonial rule in the
    early 1900s, the Korean War, and democracy movement crackdowns from the
    late 1950s to the 1980s. In its final report, the commission presented
    its findings on 86 percent of the incidents and deemed the others
    unverifiable. In many cases the commission refrained from assigning
    culpability because of difficulty in judging incomplete accounts of
    past incidents using present-day standards.
    Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
        The law forbids discrimination on the basis of gender, religion,
    disability, social status, and race, and the Government effectively
    enforced it.

        Women.--The law criminalizes rape. Although there is no specific
    statute that defines spousal rape as illegal, the courts have
    established a precedent by convicting spouses in such cases. The
    penalty for rape is at least three years in prison; if a weapon is used
    or two or more persons commit the rape, punishment ranges from a
    minimum of five years' to life imprisonment. During the year the
    minimum prison sentence for rape or sexual assault increased from five
    years to seven and from three years to five, respectively, when the
    perpetrator is a relative of the victim.
        The Ministry of Justice stated that there were 18,985 reports of
    rape or sexual violence during the year, resulting in the indictment of
    8,385 suspects. In 2009 there were 8,746 reports and 3,858
    prosecutions.
        The law defines domestic violence as a serious crime and enables
    authorities to order offenders to stay away from victims for up to six
    months. Offenders can be sentenced to a maximum of five years in prison
    and fined up to seven million won ($6,190). Offenders also may be
    placed on probation or ordered to see court-designated counselors. The
    law requires police to respond immediately to reports of domestic
    violence, and they were generally responsive. During the year the
    Justice Ministry registered 4,363 cases of domestic violence, resulting
    in 551 indictments.
        The law obligates companies and organizations to take preventive
    measures against sexual harassment, and the Government enforced the law
    effectively. Civil remedies are generally available for sexual
    harassment claims. At public institutions, administrative remedies are
    also available. The Ministry of Gender Equality and Family (MOGEF)
    conducts an annual survey on sexual violence, and its study during the
    year found that approximately 2.4 percent of women said they were
    victims of sexual harassment. The ministry provides sexual harassment
    prevention training to approximately 15,000 public institutions and
    reports to the National Assembly annually. In September an assembly
    member was expelled from his party for making remarks that could be
    interpreted as sexual harassment to a group of female university
    students.
        The law allows couples and individuals to decide freely the number,
    spacing, and timing of their children and to have the information and
    means to do so free from discrimination. Access to contraception and
    maternal health services, including skilled attendance during
    childbirth, prenatal care, and essential obstetric and postpartum care,
    were widely available. According to the MOGEF, the estimated maternal
    mortality rate in the year was 10.8 deaths per 100,000 live births.
    Women were equally diagnosed and treated for sexually transmitted
    infections, including HIV.
        Women enjoy the same legal rights under the constitution as men.
    The law permits a woman to head a household, recognizes a wife's right
    to a portion of a couple's property, and allows a woman to maintain
    contact with her children after a divorce. The law also allows a
    remarried woman to change her children's family name to her new
    husband's name.
        The Ministry of Employment and Labor (MOEL) reported that labor
    participation of women between the ages of 15 and 64 in 2008 was at
    54.7 percent. To increase participation of women, the ministry
    maintained employment-training centers for women at 72 locations to
    provide job assistance to women, especially those with gaps in their
    employment history. The ministry also maintained an affirmative action
    program for public institutions with 50 or more employees and private
    institutions with 500 or more employees; the program requires
    institutions that fail to maintain a female workforce that is at least
    60 percent that of the average of relevant occupations to comply with a
    hiring plan devised by the ministry. The ministry reported that the
    size of the workforce composed of women had increased. It also noted
    that as of July women filled approximately 42 percent of newly created
    jobs and made up more than 45 percent of the newly hired workforce.
        The number of women in entry-level civil service positions and new
    diplomatic positions continued to increase. However, women continued to
    experience a pay gap, since a higher percentage of working women tended
    to fill lower-paying, low-skilled contract jobs. An MOEL study
    published in December found that women earned 66 percent as much as men
    in hourly wages and 62.5 percent when job benefits were included. A
    September MOGEF study revealed that only 25 percent of working mothers
    in their 20s and 30s had used extended maternity leave. The law
    penalizes companies found to discriminate against women in hiring and
    promotions. A company found guilty of practicing sexual discrimination
    can be fined up to approximately five million won ($4,420).

        Children.--Citizenship is based on parentage, which requires that
    either the mother or the father be a citizen of the country at the time
    of birth. Citizenship is also given in circumstances where parentage is
    unclear if a person is stateless. The Government allows all persons to
    benefit from public services, regardless of birth registration, if they
    are legal residents. There were no reports of a denial of public
    services due to a lack of proper birth registration.
        As of September a total of 6,910 child abuse cases were reported to
    the Ministry for Health and Welfare. The ministry's Child Protection
    Center intervened in 4,017 of the cases, 91of which involved abuses in
    orphanages and childcare facilities. The ministry maintained shelters
    that provided protection, counseling, and treatment services to the
    victims of child abuse.
        In June high-profile cases of sex offenses against minors prompted
    the Government to raise the minimum prison sentence from seven to 10
    years for rape and five to seven years for other sexual assaults
    involving a minor 13 years of age or younger. Other changes to the law
    included extending the statute of limitations for another 10 years in
    cases with DNA or other scientific evidence and expanding the
    information disclosed on a sexual offender's registry. The MOGEF
    maintained 10 centers that provided counseling, treatment, and legal
    assistance to child victims of sexual violence.
        The country is not a party to the 1980 Hague Convention on the
    Civil Aspects of International Child Abduction. For information on
    international parental child abduction, please see the Department of
    State's annual report on compliance at http://travel.state.gov/
    abduction/resources/congressreport/congressreport--4308.html as well as
    country-specific information at http://travel.state.gov/abduction/
    country/country--3781.html.

        Anti-Semitism.--There is a small Jewish population consisting
    almost entirely of expatriates. There were no reports of anti-Semitic
    acts.

        Trafficking in Persons.--For information on trafficking in persons,
    please see the Department of State's annual Trafficking in Persons
    Report at www.state.gov/g/tip.

        Persons With Disabilities.--The law prohibits discrimination
    against persons with physical, sensory, intellectual, and mental
    disabilities in employment, education, access to health care, or the
    provision of other state services or other areas, and the Government
    effectively enforced the law. The Government effectively implemented
    laws and programs to ensure that persons with disabilities have access
    to buildings, information, and communications. The law establishes
    penalties for deliberate discrimination of up to three years in prison
    and 30 million won ($26,535). The Government, through the Ministry of
    Health and Welfare, continued to implement a comprehensive set of
    policies that included encouraging public and private buildings and
    facilities to provide barrier-free access, providing part-time
    employment, and employing a task force to introduce a long-term care
    system. The Government operated a national rehabilitation research
    center to increase opportunities and access for persons with
    disabilities.
        Firms with more than 50 employees are required by law to hire
    persons with disabilities, and firms with more than 100 employees are
    required to contribute to funds used to promote the employment of
    persons with disabilities if they fail to hire persons with
    disabilities up to a certain percentage of their workforce. In July the
    Government began providing financial assistance to low-income persons
    with severe disabilities. In 2009 the Government raised the target
    percentage of the workforce at relevant public institutions from 2 to 3
    percent and at relevant private companies from 2 to 2.3 percent. At the
    end of 2009, the percentage of the workforce composed of persons with
    disabilities was at 1.86 percent at firms with more than 50 employees,
    compared with 1.35 percent in 2006.

        National/Racial/Ethnic Minorities.--The country has long prided
    itself on its racial homogeneity, but its growing ethnic minority
    population passed the 1.2 million mark in midyear. To meet the
    projected growth in ethnic minorities due to the increasing number of
    migrant workers and foreign brides, the MOGEF and MOEL initiated
    various programs to increase public awareness of cultural diversity and
    to assist foreign workers, wives, and multicultural families to adjust
    to life in the country.
        The local media reported some violence against foreigners,
    including a man with a mental disability killing his foreign bride,
    leading to a swift government crackdown on illegal matchmaking
    agencies. Other incidents appeared to be isolated in nature. Local NGOs
    and the media also reported that North Korean refugees, although
    supported through government-funded resettlement programming, faced
    discrimination.

        Societal Abuses, Discrimination, and Acts of Violence Based on
    Sexual Orientation and Gender Identity.--The law that installed the
    NHRC prohibits discrimination on the basis of sexual orientation and
    gives the NHRC the authority to review cases of discrimination based on
    sexual orientation. During the year the NHRC received six cases of
    alleged discrimination against lesbian, gay, bisexual, and transgender
    (LGBT) persons but did not find merit in any of the cases. There are no
    specific laws punishing or providing remedy to victims of
    discrimination or violence against LGBT persons. The Ministry of
    Justice reported the equality principles under article 11 of the
    constitution apply to LGBT persons. The Government punished
    perpetrators of violence against LGBT persons according to the law.
        Societal discrimination against LGBT persons persisted. In June the
    Constitutional Court heard oral arguments on the constitutionality of
    the military code of conduct prohibiting consensual homosexual
    relationship between military personnel. At year's end the court had
    not issued a ruling.

        Other Societal Violence or Discrimination.--Some observers claimed
    that persons with HIV/AIDS suffered from societal discrimination and
    social stigma. The law protects the confidentiality of persons with
    HIV/AIDS and protects them from discrimination.
        The NHRC reported there were 577 employment discrimination cases
    filed during the year. A total of 104 complaints alleged age
    discrimination, and the NHRC recommended remedy in three of the cases.
    Section 7. Worker Rights

        a. The Right of Association.--The law provides workers with the
    right to associate freely and allows public servants to organize
    unions. In January the labor law was amended to authorize union
    pluralism starting in July 2011. The new law is intended to allow
    multiple unions to form at a single enterprise but permit only a single
    negotiation channel with management. Amid competition among labor
    unions to gain bargaining rights, workers would have more options for
    selecting a labor union, resulting in overall improvement of union
    services.
        The ratio of organized labor in the entire population of wage
    earners in 2009 was approximately 10 percent. There are two national
    labor federations, the Korean Confederation of Trade Unions (KCTU) and
    the Federation of Korean Trade Unions (FKTU), and an estimated 4,689
    labor unions. The KCTU and the FKTU were affiliated with the
    International Trade Union Confederation (ITUC). Most of the FKTU's
    constituent unions maintained affiliations with international union
    federations. The MOEL reported that approximately 1.6 million of the
    country's 16.6 million workers were union members.
        The Government recognized a range of other labor federations,
    including independent white-collar federations representing hospital
    workers, journalists, and office workers at construction firms and
    government research institutes. Labor federations not formally
    recognized by the MOEL generally operated without government
    interference.
        The law bans education workers from engaging in certain political
    activities, such as joining a political party or openly endorsing a
    political party or candidate. Offenders can serve up to one year in
    jail and be fined a maximum of 3.6 million won ($3,185). In June and
    July 2009, the Korean Teachers and Education Workers Union (KTEWU)
    launched two rounds of antigovernment petitions. The Seoul District
    Prosecution Service indicted 159 KTEWU members for violating the
    Educational Workers Labor Union Act banning certain political
    activities. Cases were heard at multiple district courts depending on
    the domiciles of the indicted teachers. The courts made conflicting
    rulings, and at year's end all cases were pending before various
    appellate courts. Meanwhile, the superintendent of the Gyeonggi
    provincial education office who postponed punishing the teachers per
    the order from Ministry of Education, Science, and Technology was
    acquitted by both the district and appellate courts in a breach of duty
    indictment brought against him by the Suwon District Prosecution
    Service.
        The right to strike is provided for in law but limited in certain
    circumstances. By law unions must submit a request for mediation to the
    Labor Relations Commission before a strike; otherwise, the strike is
    illegal. In most cases the mediation must be completed within 10 days;
    in the case of essential services, within 15 days. Strikes initiated
    following this period without majority support from union membership
    are illegal. Striking also is prohibited in cases in which a dispute
    has been referred to binding arbitration. The law includes a list of
    essential sectors prohibited from striking that goes beyond
    international standards. Among the workers employed at major defense
    corporations subject to the Defense Industry Act, those working in the
    areas of electricity generation, water supply, or production of defense
    products are not allowed to strike. In addition, if striking employees
    resort to violence, unlawful occupation of premises, or damaging of
    facilities, their actions are deemed illegal. Strikes not specifically
    pertaining to labor conditions, including wages, benefits, and working
    hours, are also illegal. The constitution and the Labor Relations Act
    provide workers the right to strike and exempt them from legal
    responsibility in the case of a legal strike; however, workers who use
    violence or participate in illegal activities can be prosecuted under
    the criminal code on charges of ``obstruction of business.'' The ITUC
    reported that this charge was used to detain hundreds of trade
    unionists and criminalize basic union activities. Striking workers can
    be removed by police from the premises, and, along with union leaders,
    prosecuted and sentenced. The law prohibits retribution against workers
    who conduct a legal strike and allows workers to file complaints of
    unfair labor practices against employers. The MOEL reported that in the
    first eight months there were 55 strikes, in which 30,623 workers
    participated.
        In May the appeals court affirmed a lower court's conviction of
    then-KCTU president Lee Suk-haeng related to his role in organizing a
    general strike in 2008 and increased his sentence from two to four
    years in prison.
        The law prohibits retribution against workers who conduct a legal
    strike and allows workers to file complaints of unfair labor practices
    against employers.
        Strikes are prohibited for central and local government officials.

        b. The Right to Organize and Bargain Collectively.--The law
    provides for the right to collective bargaining, and workers exercised
    this right in practice. The law also empowers workers to file
    complaints of unfair labor practices against employers who interfere
    with union organizing or who discriminate against union members. The
    National Labor Relations Commission can require employers found guilty
    of unfair practices to reinstate workers fired for union activities.
        The law permits public servants to organize trade unions and
    bargain collectively, although it restricts the public service unions
    from collective bargaining on topics such as budgetary and policy-
    making matters.
        Workers in export processing zones (EPZs) have the rights enjoyed
    by workers in other sectors, and labor organizations are permitted in
    the EPZs. However, foreign companies operating in the EPZs are exempt
    from some labor regulations, including provisions that mandate paid
    leave, obligate companies with more than 50 persons to recruit persons
    with disabilities for at least 2 percent of their workforce, encourage
    companies to reserve 3 percent of their workforce for workers over 55
    years of age, and restrict large companies from participating in
    certain business categories.

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

        d. Prohibition of Child Labor and Minimum Age for Employment.--The
    law provides protections to children from exploitation in the
    workplace, and the Government effectively enforced this law through
    regular inspections. Child labor was not considered a problem.
        The Labor Standards Act prohibits the employment of persons under
    age 15 without an authorization certificate from the MOEL. Because
    education is compulsory through middle school (approximately age 15),
    few such certificates were issued for full-time employment. To obtain
    employment, children under age 18 must obtain written approval from
    either parents or guardians. Employers must limit minors' overtime
    hours and are prohibited from employing minors at night without special
    permission from the MOEL.

        e. Acceptable Conditions of Work.--The minimum wage is reviewed
    annually. Although the employment and labor minister has the authority
    to set the minimum wage, the proposed minimum wage is reviewed and
    approved by the Minimum Wage Council formed by representatives from
    labor, business, and government. During the year the minimum wage was
    set at 4,110 won ($3.64) per hour, which was a 2.75 percent increase
    over 2009 and equal to the increase in the minimum cost of living.
        Persons working in the financial/insurance industry, publicly
    invested companies, state corporations, and companies with more than 20
    employees are required to receive premium pay for work in excess of 40
    hours per week. The labor law requires employers to allow 30 minutes'
    rest in a four-hour work period and one hour's rest in an eight-hour
    work period, to be taken within the work period. It also allows a
    flexible work hours system under which employers can require laborers
    to work up to 48 hours during certain weeks without paying overtime so
    long as average weekly work hours for any given two-week period do not
    exceed 40 hours (and 52 hours during certain weeks without paying
    overtime so long as average weekly work hours for any given three-month
    period do not exceed 40 hours). If mutually agreed, management may ask
    employees to work up to 56 regular hours in a given week. Workers may
    work more than 12 hours per day in overtime during a workweek if both
    the employer and the employee agree. The Labor Standards Act also
    provides for a 50 percent higher wage for overtime.
        The Government sets health and safety standards, and the Korea
    Occupational Safety and Health Agency (KOSHA) is responsible for
    monitoring industry adherence to these standards. KOSHA conducts
    inspections both proactively according to regulations and reactively in
    response to complaints. It also provides technical assistance to
    resolve deficiencies discovered during inspections. KOSHA reports on
    its Web site descriptions of and statistics on work-related injuries
    and fatalities on a quarterly basis. In the first six months of the
    year, there were 48,066 work-related accidents and 1,028 fatalities,
    which were a 6.3 percent increase and 2.9 percent decrease,
    respectively, from the same period in 2009. KOSHA provided training and
    subsidies to improve work safety and reduce work-related accidents. Its
    services were extended to the migrant workers, since its training
    modules and materials were available in 10 languages and disseminated
    to various worksites.
        Contract and other ``nonregular'' workers accounted for a
    substantial portion of the workforce. The MOEL reported that as of
    August there were approximately 5.7 million nonregular workers,
    composing approximately 33.3 percent of the total workforce. The MOEL
    reported that in 2009 nonregular workers performed work similar to
    regular workers but received approximately 84 percent of the wages of
    regular workers.
        The law on nonregular workers allows companies with more than 300
    workers to use temporary worker contracts valid for a maximum of two
    years.
        There were 513,621 foreign workers (465,302 legal and 48,319
    illegal) residing in the country at year's end, 220,319 of whom were
    admitted under the Employment Permit System (EPS). The Government
    implemented a variety of social services and legal precedents to
    address complaints about the working conditions of foreigners. During
    the year the MOEL provided training on the EPS to employers hiring
    foreign workers. The ministry continued programs implemented in 2009
    for foreign workers to ease the difficulties of living and working in
    the country, including free legal advice programs, free translation
    services, health checkups in their native language, and the
    establishment of several ``human rights protection centers for
    foreigners.''
        The Government continued to use the EPS to increase protections and
    controls on foreign workers while easing the labor shortage in the
    manufacturing, construction, and agricultural sectors. Through the EPS,
    permit holders may work only in certain industries and have limited job
    mobility, but they generally enjoy the same rights and privileges as
    citizens. Foreign workers are limited in their freedom to change jobs.
    In 2009 the EPS law was amended to provide better protection to foreign
    workers. The amendments allow more flexibility in the length of
    contracts, ensure that job changes that are not the fault of the worker
    are excluded from their three allowable job changes, and permit the
    worker to change employers if the working conditions are deemed
    different from the contract terms. Unless the Ministry of Justice
    grants an extension on humanitarian grounds, workers lose their legal
    status if they lose their job and do not find a new employer within
    three months.
        NGOs and local media reported that irregular workers were at a
    greater risk for discrimination because of their status and that
    foreign laborers sometimes faced physical abuse and exploitation from
    employers. The NGO Korea Migrant Center received reports of abuse of
    female entertainment visa holders.
        The MOEL reported that foreign workers filed 4,646 complaints
    related to unpaid wages during the year.

                                   __________

                                      LAOS

        The Lao People's Democratic Republic is an authoritarian one-party
    state ruled by the Lao People's Revolutionary Party (LPRP). The most
    recent National Assembly (NA) election was held in 2006. The
    constitution legitimizes only a single party, the LPRP, and almost all
    candidates in the 2006 election were LPRP members vetted by the party.
    Security forces reported to civilian authorities.
        The central government continued to deny citizens the right to
    change their government. Prison conditions were harsh and at times life
    threatening. Corruption in the police and judiciary persisted. The
    Government infringed on citizens' right to privacy and did not respect
    the rights to freedom of speech, the press, assembly, or association.
    Local officials at times restricted religious freedom and freedom of
    movement. Trafficking in persons remained a problem. Workers' rights
    were restricted.
                            respect for human rights
    Section 1. Respect for the Integrity of the Person, Including Freedom
            From:

        a. Arbitrary or Unlawful Deprivation of Life.--There were no
    reports that the Government or its agents committed arbitrary or
    unlawful killings. Unlike past years, there were no credible reports of
    military action against insurgent groups.
        There were no developments in the cases of persons allegedly killed
    by the military or police in previous years.

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

        c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
    Punishment.--The law prohibits the beating or torture of an arrested
    person. In practice, members of the police and security forces
    sometimes abused prisoners.
        Detainees occasionally were subjected to beatings and long-term
    solitary confinement in completely darkened rooms, and in many cases
    they were detained in leg chains or wooden stocks for long periods.
    Former inmates reported that degrading treatment, the chaining and
    manacling of prisoners, and solitary confinement in small unlit rooms
    were standard punishments in larger prisons, while smaller provincial
    or district prisons employed manacles and chains to prevent prisoners
    from escaping.

        Prison and Detention Center Conditions.--Prison conditions varied
    widely but in general were harsh and occasionally life threatening.
    Prisons were overcrowded with poor ventilation, minimal sanitation
    facilities, inadequate food and potable water, and substandard medical
    care. Prisoners in larger, state-operated facilities in Vientiane
    generally fared better than those in provincial prisons. Food rations
    were minimal, and most prisoners relied on their families for
    subsistence. Most of the larger facilities allowed prisoners to grow
    supplemental food in small vegetable gardens, although there were
    periodic reports that prison guards took food from prisoners' gardens.
    Prison wardens set prison visitation policies. Consequently, in some
    facilities families could make frequent visits, but in others visits
    were severely restricted.
        There were credible reports from international organizations that
    authorities treated ethnic minority prisoners particularly harshly.
    Former prisoners reported that incommunicado detention was used as an
    interrogation technique and against perceived problem prisoners;
    however, there were no reports of its use during the year. Although
    most prisons had some form of clinic, usually with a doctor or nurse on
    staff, medical facilities were extremely poor and medical treatment for
    serious ailments was unavailable. In some facilities prisoners could
    arrange treatment in outside hospitals if they could pay for the
    treatment and the expense of police escorts.
        Male and female prisoners were held in the same prisons but were
    placed in separate cells. In some prisons juveniles were held with
    adult prisoners, although there were no official or reliable statistics
    available. Most juveniles were in detention for narcotics offenses or
    petty crimes.
        Family members generally could access prisoners and detainees,
    although sometimes the family did not live close to the jail. Prisoners
    and detainees could follow some religious observances, but no
    facilities were provided.
        Authorities permitted prisoners and detainees to submit complaints
    to judicial authorities without censorship and to request investigation
    of credible allegations of inhumane conditions; however, family members
    rarely make such requests for fear of exacerbating poor detention
    conditions. There were no investigations of credible allegations of
    inhumane conditions. There were no records of government investigation
    or monitoring of prison and detention center conditions.
        The Government did not permit regular independent monitoring of
    prison conditions. The Government continued to deny the request of the
    International Committee of the Red Cross (ICRC) to establish an
    official presence in the country to monitor prison conditions. The
    Government at times provided foreign diplomatic personnel access to
    some prisons, but such access was strictly limited. There were no
    ombudsmen to serve on behalf of prisoners and detainees.

        d. Arbitrary Arrest or Detention.--The law prohibits arbitrary
    arrest and detention; however, in practice, the Government did not
    respect these provisions and arbitrary arrest and detention persisted.

        Role of the Police and Security Apparatus.--The Ministry of Public
    Security (MoPS) maintains internal security but shares the function of
    state control with the Ministry of Defense's security forces and with
    the LPRP and the LPRP's popular front organizations. The MoPS includes
    local police, traffic police, immigration police, security police
    (including border police), and other armed police units. Communication
    police are responsible for monitoring telephone and electronic
    communications. The armed forces have domestic security
    responsibilities that include counterterrorism and counterinsurgency as
    well as control of an extensive system of village militias.
        Impunity remained a problem, as did police corruption. The MoPS
    Inspection Department maintained complaint boxes throughout most of the
    country for citizens to deposit written complaints.
        The Government cooperated with international organizations to
    implement a national strategy to strengthen law enforcement and deal
    with increased drug trafficking and abuse as well as related crime and
    police corruption.

        Arrest Procedures and Treatment While in Detention.--Police and
    military forces have powers of arrest, although normally only police
    carried them out. Police agents exercised wide latitude in making
    arrests, relying on exceptions to the requirement that warrants are
    necessary except to apprehend persons in the act of committing crimes
    or in urgent cases. Police reportedly sometimes used arrest as a means
    to intimidate persons or extract bribes. Unlike in previous years,
    there were no reports that military forces detained persons suspected
    of insurgent activities.
        There is a one-year statutory limit for detention without trial.
    The length of detention without a pretrial hearing or formal charges is
    also limited to one year. The Office of the Prosecutor General (OPG)
    reportedly made efforts to ensure that all prisoners were brought to
    trial within the one-year limit, but the limit occasionally was
    ignored. The OPG must authorize police to hold a suspect pending
    investigation. Authorization is given in three-month increments, and a
    suspect must be released after a maximum of one year if police do not
    have sufficient evidence to bring charges. There is a bail system, but
    its implementation was arbitrary. Prisoner access to family members and
    a lawyer was not assured, and incommunicado detention remained a
    problem.
        Authorities at times continued to detain prisoners after they
    completed their sentences, particularly in cases where prisoners were
    unable to pay court fines. In other cases prisoners were released
    contingent upon their agreement to pay fines at a later date.

        e. Denial of Fair Public Trial.--The law provides for the
    independence of the judiciary. The judiciary was weak, but there were
    no cases reported during the year of senior government or party
    officials influencing the courts. Impunity and corruption were
    problems; reportedly, some judges could be bribed. The NA may remove
    judges from office for ``impropriety,'' although no judges were removed
    during the year.

        Trial Procedures.--By law, defendants enjoy a presumption of
    innocence; however, in practice judges usually decided guilt or
    innocence in advance, basing their decisions on the result of police or
    prosecutorial investigation reports. Most trials, including criminal
    trials, were little more than pro forma examinations of the accused and
    review of the evidence. Juries are not used. Trials that involve
    certain criminal laws relating to national security, state secrets,
    children under the age of 16, or certain types of family law are
    closed. The law provides for open trials in which defendants have the
    right to defend themselves with the assistance of a lawyer or other
    persons. Defense attorneys are provided at government expense only in
    cases involving children, cases with the possibility of life
    imprisonment or the death penalty, and cases considered particularly
    complicated, such as those involving foreigners. The law requires that
    authorities inform persons of their rights and states that defendants
    may have anyone assist them in preparing written cases and accompany
    them at trial; however, only the defendant may present oral arguments
    at a criminal trial. Defendants are permitted to question witnesses and
    can present witnesses and evidence on their own behalf. Defendants have
    the right of appeal.
        Court litigants may select members of the Lao Bar Association to
    represent them at trial. The association is nominally independent but
    receives some direction from the Ministry of Justice (MoJ). For several
    reasons, including the general perception that attorneys cannot affect
    court decisions, most defendants did not choose to have attorneys or
    trained representatives. The association's two satellite offices in the
    provinces of Champasak and Oudomsay provided legal services to citizens
    in need.
        All of the country's judges were LPRP members. Most had only basic
    legal training, and some zonal courts had few or no reference materials
    available for guidance. The NA's Legal Affairs Committee occasionally
    reviewed the Supreme People's Court (SPC) decisions for ``accuracy''
    and returned cases to it or the OPG for review when the committee
    believed decisions were reached improperly.

        Political Prisoners and Detainees.--There were three well-known
    political prisoners. Colonel Sing Chanthakoumane, an official of the
    pre-1975 government, was serving a life sentence after a 1990 trial
    that was not conducted according to international standards. The
    Government continued to prevent access to him and ignored requests to
    release him on humanitarian grounds. At least two persons, Thongpaseuth
    Keuakoun and Seng-aloun Phengboun, arrested in 1999 for attempting to
    organize a prodemocracy demonstration, continued to serve 15-year
    sentences for antigovernment activities. Authorities allowed families
    to visit them, but no humanitarian organization had regular access to
    them. The Government declared the prisoners would not be released
    despite an international call for their release. The Government also
    denied having any information about nine individuals allegedly detained
    in November 2009 while traveling to the capital for a protest.
        According to some Internet reports, authorities continued to detain
    a small but unknown number of persons, particularly members of the
    Hmong ethnic group suspected of insurgent activities, for allegedly
    violating criminal laws concerning national security. There were no
    credible reports during the year of persons arrested, tried, and
    convicted under laws relating to national security that prevent public
    court trials.

        Civil Judicial Procedures and Remedies.--The law provides for
    independence of the judiciary in civil matters; however, enforcement of
    court orders remained a problem. If civil or political rights are
    violated, one may seek judicial remedy in a criminal court or pursue an
    administrative remedy from the NA under the law. In regard to social
    and cultural rights, one may seek remedy in a civil court.

        f. Arbitrary Interference With Privacy, Family, Home, or
    Correspondence.--The law generally protects privacy, including that of
    mail, telephone, and electronic correspondence, but the Government
    reportedly violated these legal protections when there was a perceived
    security threat.
        The law prohibits unlawful searches and seizures. By law police
    must obtain search authorization from a prosecutor or a panel of
    judges, but in practice police did not always obtain prior approval,
    especially in rural areas. Security laws allow the Government to
    monitor individuals' movements and private communications, including
    via cell phones and e-mail.
        The MoPS regularly monitored citizen activities through a
    surveillance network that included a secret police element. A militia
    in urban and rural areas, operating under the aegis of the armed
    forces, shared responsibility for maintaining public order and reported
    ``undesirable elements'' to police. Members of the LPRP's front
    organizations, including the Lao Women's Union (LWU), the Youth Union,
    and the Lao Front for National Construction (LFNC), also played a role
    in monitoring citizens at all societal levels.
        The Government relocated some villagers for land concessions given
    to development projects and continued to relocate highland farmers,
    most of whom belonged to ethnic minority groups, to lowland areas under
    its plan to end opium production and slash-and-burn agriculture. In
    some areas, officials persuaded villagers to move; in others, villagers
    relocated spontaneously to be closer to roads, markets, and government
    services. While there were no reports of the Government forcibly
    relocating villagers, there were reports of individuals displaced by
    government projects. Although the resettlement plan called for
    compensating farmers for lost land and providing resettlement
    assistance, this assistance was not available in many cases or was
    insufficient to give relocated farmers the means to adjust. Moreover,
    in some areas farmland allotted to relocated villagers was poor and
    unsuited for intensive rice farming, resulting in some relocated
    villagers experiencing increased poverty, hunger, malnourishment, and
    disease. The Government relied on assistance from nongovernmental
    organizations (NGOs), bilateral donors, and international organizations
    to cover the needs of those recently resettled, but such aid was not
    available in all areas.
        The law allows citizens to marry foreigners only with prior
    government approval; marriages without it may be annulled, with both
    parties subject to arrest and fines. Premarital cohabitation with
    foreigners is illegal. The Government routinely granted permission to
    marry, but the process was lengthy and burdensome, offering officials
    the opportunity to solicit bribes.
    Section 2. Respect for Civil Liberties, Including:

        a. Freedom of Speech and Press.--The law provides for freedom of
    speech and of the press; however, in practice the Government severely
    restricted political speech and writing and prohibited most public
    criticism that it deemed harmful to its reputation. The law forbids
    slandering the state, distorting party or state policies, inciting
    disorder, or propagating information or opinions that weaken the state.
        Authorities prohibited the dissemination of materials deemed by the
    Ministry of Information and Culture to be indecent, subversive of
    ``national culture,'' or politically sensitive. Any person found guilty
    of importing a publication considered offensive to the national culture
    faced a fine or imprisonment up to one year.
        The state owned and controlled most domestic print and electronic
    media. Local news in all media reflected government policy. Although
    domestic television and radio broadcasts were closely controlled, the
    Government did not interfere with broadcasts from abroad. Many citizens
    routinely watched Thai television or listened to Thai radio, including
    news broadcasts from international news sources. Citizens had 24-hour
    access to international stations via satellite and cable television.
    The Government required registration of receiving satellite dishes and
    payment of a one-time licensing fee, largely as a revenue-generating
    measure, but otherwise made no effort to restrict use.
        The Government permitted the publication of several privately owned
    periodicals of a nonpolitical nature, including those specializing in
    business, society, and trade. While officials did not review in advance
    all articles in these periodicals, they reviewed them after publication
    and could penalize periodicals whose articles did not meet government
    approval. A few foreign newspapers and magazines were available through
    private outlets that had government permission to sell them.
        The Government required foreign journalists to apply for special
    visas and restricted their activities. Authorities did not allow
    journalists free access to information sources, but often allowed them
    to travel without official escorts. When escorts were required, they
    reportedly were at journalists' expense.

        Internet Freedom.--The Government controlled all domestic Internet
    servers and retained the ability to block access to Internet sites it
    deemed pornographic or critical of government institutions and
    policies. The Lao National Internet Committee under the Prime
    Minister's Office administered the Internet system.
        The Government sporadically monitored Internet usage.
        The Prime Minister's Office required all Internet service providers
    to submit quarterly reports and link their gateways to facilitate
    monitoring, but the Government's enforcement ability appeared limited.
    The Government did not block major foreign news sources, nor did it
    have the capability to monitor blogging or the establishment of new Web
    sites. There were no reports of government prosecution of persons for
    the expression of political, religious, or dissenting views via the
    Internet. There were no reports of government attempts to collect
    personally identifiable information of a person in connection with that
    person's peaceful expression of political, religious, or ideological
    opinion or belief.
        Many citizens used the services of a growing number of Internet
    cafes for private correspondence rather than personal computers. Very
    few homes had Internet access; most non-business users depended on
    Internet cafes located chiefly in the larger urban areas. The
    International Telecommunication Union reported that Internet users
    numbered approximately 5 percent of the country's inhabitants in 2009.

        Academic Freedom and Cultural Events.--The law provides for
    academic freedom, but in practice the Government imposed restrictions.
    The Ministry of Education tightly controlled curricula in schools,
    including private schools and colleges.
        Both citizen and noncitizen academic professionals conducting
    research in the country may be subject to restrictions on travel,
    access to information, and publication. Although the Government
    exercised control via requirements for exit stamps and other mechanisms
    over the ability of state-employed academic professionals to travel for
    research or obtain study grants, the Government actively sought such
    opportunities worldwide and approved virtually all such proposals.
        The Government required films and music recordings produced in
    government studios to be submitted for official censorship; however,
    uncensored foreign films and music were available in video and compact
    disc formats. The Ministry of Information and Culture attempted to
    limit the influence of Thai culture in Lao music and entertainment, but
    these attempts had little effect.

        b. Freedom of Peaceful Assembly and Association.--Freedom of
    Assembly.--The law provides for freedom of assembly; however, the
    Government restricted this right in practice. The law prohibits
    participation in demonstrations, protest marches, or other acts that
    cause ``turmoil or social instability.'' Participation in such acts is
    punishable by prison terms of one to five years (see section 1.e.).

        Freedom of Association.--The law provides citizens the right to
    organize and join associations, but the Government restricted this
    right in practice. For example, political groups other than popular-
    front organizations approved by the LPRP are forbidden. A new decree
    that the Government began implementing in 2009 allows the registration
    of nonprofit civil society organizations--including economic, social-
    welfare, professional, technical, and creative associations--at the
    district, provincial, or national level, depending on the scope of work
    and membership. Only one organization completed the application process
    by year's end.

        c. Freedom of Religion.--For a complete description of religious
    freedom, please see the 2010 International Religious Freedom Report at
    www.state.gov/g/drl/irf/rpt.

        d. Freedom of Movement, Internally Displaced Persons, Protection of
    Refugees, and Stateless Persons.--The law provides for freedom of
    movement within the country, foreign travel, emigration, and
    repatriation, but in practice the Government imposed some restrictions.
    The Government cooperated in some cases 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.
        Citizens who travel across provincial borders are not required to
    report to authorities; however, in designated security zones, officials
    occasionally set up roadblocks and checked identity cards. Citizens
    seeking to travel to contiguous areas of neighboring countries
    generally obtained permits easily from district offices. Those wishing
    to travel farther abroad were required to apply for passports.
        The Government did not use forced exile; however, it denied the
    right of return to persons who fled the country during the 1975 change
    in government and were tried in absentia for antigovernment activities.
    There were no cases during the reporting period of any individuals
    being denied entry to Laos based on past activities.

        Protection of Refugees.--The country is not a signatory to the 1951
    Convention relating to the Status of Refugees or its 1967 Protocol, but
    the law provides for asylum and the protection of stateless persons. In
    practice the Government did provide some protection against the
    expulsion or return of refugees to countries where their lives or
    freedom would be threatened on account of their race, religion,
    nationality, membership in a particular social group, or political
    opinion. The Government did not routinely grant refugee or asylum
    status; however, it showed some flexibility in dealing pragmatically
    with individual asylum cases.
        The Government continued to refuse the UNHCR's request to
    reestablish an in-country presence, which it had in the 1990s, to
    monitor the reintegration of Hmong returnees from Thailand. The
    Government stated that the UNHCR's mandate expired in 2001 and that all
    former refugees had successfully reintegrated. During the year foreign
    diplomats, representatives from international organizations (including
    the UNHCR), and the press visited Phonekham and Phalak villages, where
    some of the Lao Hmong returned from Thailand were resettled, including
    the Lao Hmong involuntarily returned from Thailand in December 2009.
        The Government's policy both for Hmong surrendering internally and
    for those returned from Thailand was to return them to communities of
    origin whenever possible. However, most of the December 2009 returnees
    resettled in Phonekham village, Borikhamxay Province, where the
    Government provided land, housing, clean water, and electricity plus
    one year's supply of food. Several hundred persons without strong
    community links who returned between 2007 and 2009 were relocated in
    government settlements such as Phalak village, Vientiane Province.
    Section 3. Respect for Political Rights: The Right of Citizens to
            Change Their Government
        Citizens do not have the right to change their government. Although
    the constitution outlines a system composed of executive, legislative,
    and judicial branches, the LPRP controlled governance and the
    leadership at all levels through its constitutionally designated
    ``leading role.''

        Elections and Political Participation.--The law provides for a
    representative national assembly, elected every five years in open,
    multiple-candidate, fairly tabulated elections, with voting by secret
    ballot and universal adult suffrage. However, the constitution
    legitimizes only the LPRP; all other political parties are outlawed.
    Election committees, appointed by the NA, must approve all candidates
    for local and national elections. Candidates do not need to be LPRP
    members, but in practice almost all were. The most recent NA election,
    held in 2006, was conducted under this system.
        The NA chooses members of the Standing Committee, generally based
    on the previous Standing Committee's recommendations. Upon such
    recommendations, the NA elects or removes the president and vice
    president. The Standing Committee has the mandate to supervise all
    administrative and judicial organizations and the sole power to
    recommend presidential decrees. It also appoints the National Election
    Committee, which has powers over elections, including approval of
    candidates. Activities of the Standing Committee were not fully
    transparent.
        The NA, upon the president's recommendation, formally elects the
    prime minister and other government ministers.
        There were 29 women in the 115-seat NA, including two on the nine-
    member Standing Committee, and three women were members of the 13-
    member Supreme Court. The 55-seat LPRP Central Committee included four
    women, one of whom was also a member of the 11-member Politburo and
    president of the National Assembly. Of 12 ministers in the Prime
    Minister's Office, two were women. The minister of labor and social
    welfare also was a woman.
        While 80 percent of the population lived in rural areas and the
    village chief and village council handled most everyday matters, fewer
    than 1 percent of the village chiefs were women. The LWU--the LPRP mass
    organization focused on women's issues with a presence in every village
    and at every government level--is the only organization that has
    representation in every village; however, only one member of the LWU
    represented women in each village council.
        There were seven members of ethnic minorities in the LPRP Central
    Committee, including two in the Politburo. The NA included 23 members
    of ethnic minorities, while three of the 28 cabinet ministers were
    members of ethnic minority groups. The new president of the National
    Assembly was also a member of an ethnic minority. One SPC justice was a
    member of an ethnic minority.
    Section 4. Official Corruption and Government 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. Wages of
    all government officials were extremely low; and many officials, such
    as police, had broad powers that they could easily abuse.
        Many police officers used their authority to extract bribes from
    citizens. Corrupt officials reportedly were seldom punished. Police
    were trained at the National Police Academy, but the extent to which
    the academy's curriculum covered corruption was unknown.
        In theory the Government's National Audit Committee has
    responsibility for uncovering corruption in all government ministries,
    including the MoPS, but in practice its investigative activities were
    minimal. Authorities arrested and administratively punished lower-level
    officials on occasion for corruption. There were no reports of criminal
    cases being brought to trial. The Government-controlled press rarely
    reported cases of official corruption.
        Central and provincial inspection organizations responsible for
    enforcing laws against corruption lacked defined roles and sufficient
    powers as well as adequate funding, equipment, and legal support from
    the Government.
        Prior to taking their designated positions, senior officials were
    required by party policy to disclose their personal assets to the
    LPRP's Party Inspection Committee. The committee inspects the
    officials' assets before and after the officials have been in their
    positions. However, the LPRP used its control of government authorities
    and media to block public censure of corrupt officials who were party
    members.
        There are no laws providing for public access to government
    information, and in general the Government closely guarded the release
    of any information pertaining to its internal activities, deeming such
    secrecy necessary for ``national security.''
    Section 5. Governmental Attitude Regarding International and
            Nongovernmental Investigation of Alleged Violations of Human
            Rights
        There were no domestic human rights NGOs.
        The Government only sporadically responded in writing to requests
    for information on the human rights situation from international human
    rights organizations. However, the Government maintained human rights
    dialogues with several foreign governments and continued to receive
    training in UN human rights conventions from several international
    donors.
        The Government maintained contacts and cooperated with the ICRC in
    various activities for the implementation of international humanitarian
    law.
        A human rights division in the Ministry of Foreign Affairs has
    responsibility for investigating allegations of human rights
    violations. However, in practice the division apparently had no
    authority to perform or order other ministries to undertake
    investigations. The ministry on occasion responded to inquiries from
    the UN regarding the human rights situation in the country.
    Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
        The constitution provides for equal treatment under the law for all
    citizens without regard to sex, social status, education, faith, or
    ethnicity. The Government at times took action when well-documented and
    obvious cases of discrimination came to the attention of high-level
    officials, although the legal mechanism whereby citizens may bring
    charges of discrimination against individuals or organizations was
    neither well developed nor widely understood among the general
    population.

        Women.--Rape was reportedly rare, although, like most crime, it was
    likely underreported. The country does not have a central database of
    crime, nor does it provide statistics on crime. The law criminalizes
    rape, with punishment set at three to five years' imprisonment.
    Sentences are significantly longer and may include capital punishment
    if the victim is under age 18 or is seriously injured or killed. In
    rape cases that were tried in court, defendants generally were
    convicted with sentences ranging from three years' imprisonment to
    execution.
        Domestic violence is illegal; however, there is no law against
    marital rape, and domestic violence often went unreported due to social
    stigma. Penalties for domestic violence, including battery, torture,
    and detaining persons against their will, may include both fines and
    imprisonment. The criminal law granted exemption from penal liabilities
    in cases of physical violence without serious injury or physical
    damage. LWU centers and the Ministry of Labor and Social Welfare
    (MLSW), in cooperation with NGOs, assisted victims of domestic
    violence. Statistics were unavailable on the number of abusers
    prosecuted, convicted, or punished.
        Sexual harassment was rarely reported and its extent was difficult
    to assess. Although sexual harassment was not illegal, ``indecent
    sexual behavior'' toward another person is illegal and punishable by
    six months to three years in prison.
        Couples and individuals had the right to decide the number,
    spacing, and timing of children, and had the information and means to
    do so free from discrimination. Access to information on contraception
    was generally available; however, contraception was not widely
    available in rural areas and was often financially out of reach. The UN
    Population Fund estimated the maternal mortality ratio to be 660 deaths
    per 100,000 live births. Deaths related to pregnancy and childbirth
    were the number one cause of death for women of reproductive age. Very
    few women had access to skilled birth attendants and very few medical
    centers were equipped to deal with complicated births, especially in
    small, nomadic, and ethnic villages. Antenatal care remained low.
        Women and men were given equal access to diagnostic services and
    treatment for sexually transmitted infections, including HIV.
        Traditional attitudes and gender role stereotyping kept women and
    girls in a subordinate position, preventing them from equally accessing
    education and business opportunities, and there was little government
    effort to redress this. Women continued to be disproportionately
    affected by poverty, especially in rural and ethnic minority
    communities. While rural women carried out more than half of total
    agricultural production in every field, the additional workloads of
    housework and child rearing also fell primarily on women.
        The law provides for equal rights for women, and the LWU operated
    nationally to promote the position of women in society. The law
    prohibits legal discrimination in marriage and inheritance; however,
    varying degrees of culturally based discrimination against women
    persisted, with greater discrimination practiced by some hill tribes.
    The LWU conducted several programs to strengthen the role of women. The
    programs were most effective in the urban areas. Many women occupied
    decision-making positions in the civil service and private business,
    and in urban areas their incomes were often higher than those of men.

        Children.--Regardless of where they are born, children acquire
    citizenship if both parents are citizens. Children born of one citizen
    parent acquire citizenship if born in the country or, when born outside
    the country's territory, if one parent has a permanent in-country
    address. Not all births were immediately registered.
        Education is compulsory, free, and universal through the fifth
    grade; however, high fees for books and supplies and a general shortage
    of teachers in rural areas prevented many children from attending
    school. There were significant differences among the various ethnic
    groups in the educational opportunities offered to boys and girls.
    Although the Government's policy is to inform ethnic groups on the
    benefits of education for all children, some ethnic groups did not
    consider education for girls either necessary or beneficial. While
    figures were not reliable, reported literacy rates for girls were
    approximately 10 percent lower than for boys in general. Although
    school enrollment rates for girls remained lower than for boys, gender
    parity has been increasing.
        The law prohibits violence against children, and violators were
    subject to stiff punishments. Reports of the physical abuse of children
    were rare.
        The law allowed marriage under the age of 18 in ``special and
    necessary cases,'' often cases of underage pregnancy, and a
    considerable percentage of women married before reaching the age of 18.
        The law does not contain penalties specifically for child
    prostitution, but the penalty for sex with a child (defined as under 15
    years of age, the age of consent) is one to five years' imprisonment
    and a fine of 500,000 to three million kip (approximately $60 to $360).
    The law does not include statutory rape as a crime distinct from sex
    with a child or rape of any person. Child pornography is not treated
    differently from pornography in general, for which the penalty is three
    months' to one year's imprisonment and a fine of 50,000 to 200,000 kip
    ($6 to $24).
        A general increase in tourism in the country and a concomitant rise
    in child sex tourism in Southeast Asia in recent years attracted the
    attention of authorities, who sought to prevent child sex tourism from
    taking root. The Government continued efforts to reduce demand for
    commercial sex through periodic raids and training workshops. The
    Government and NGOs hosted seminars to train tourism-sector employees,
    including taxi drivers and tourism police. Many major international
    hotels in Vientiane and Luang Prabang displayed posters created by
    international NGOs warning against child sex tourism. In 2009 the
    Government introduced a hotline for reporting child sex tourism and
    placed ads in many tourist locations throughout the country to
    encourage people to report suspected cases of child sex tourism.
        The country is not a party to the 1980 Hague Convention on the
    Civil Aspects of International Child Abduction. For information on
    international parental child abduction, please see the Department of
    State's annual report on compliance at http://travel.state.gov/
    abduction/resources/congressreport/congressreport--4308.html.

        Anti-Semitism.--There was no known Jewish community in the country,
    and there were no reports of anti-Semitic acts.

        Trafficking in Persons.--For information on trafficking in persons,
    please see the Department of State's annual Trafficking in Persons
    Report at http://www.state.gov/g/tip.

        Persons With Disabilities.--The constitution provides citizens
    protection against discrimination but does not specify that these
    protections apply to persons with disabilities. The Ministry of Health
    has primary responsibility for protecting the rights of persons with
    disabilities. Because of the large number of disabilities resulting
    from unexploded ordnance accidents, the ministry works extensively on
    this issue, especially in coordination with the international NGO COPE.
    Regulations promulgated by the MLSW and the Lao National Commission for
    the Disabled protect such persons against discrimination; however, the
    regulations lack the force of law. The law does not mandate
    accessibility to buildings or government services for persons with
    disabilities, but the MLSW has established regulations regarding
    building access and built some sidewalk ramps in Vientiane. While there
    was some progress on accessibility, lack of resources for
    infrastructure slowed the retrofitting of most buildings. There were no
    reports of discrimination in the workplace.
        The Lao Disabled People's Association operated a care center for
    children with cerebral palsy; the cost was covered by foreign
    assistance. The Ministry of Health in conjunction with international
    NGOs operated the Cooperative Orthotic and Prosthetic Enterprise to
    supply prosthetic limbs, correct club feet, and provide education to
    deaf and blind persons.

        National/Racial/Ethnic Minorities.--The law provides for equal
    rights for all minority citizens, and there is no legal discrimination
    against them; however, some societal discrimination persisted.
    Moreover, some critics charged that the Government's resettlement
    program for ending slash-and-burn agriculture and opium production
    adversely affected many ethnic minority groups, particularly in the
    North. The program requires that resettled persons adopt paddy rice
    farming and live in large communities, ignoring the traditional
    livelihoods and community structures of these minority groups.
    International observers questioned whether the benefits promoted by the
    Government--access to markets, schools, and medical care for resettled
    persons--outweighed the negative impact on traditional cultural
    practices. Some minority groups not involved in resettlement,
    especially those in remote locations, faced difficulties, believing
    they had little voice in government decisions affecting their lands and
    the allocation of natural resources from their areas.
        Of the 49 official ethnic groups in the country, the Hmong are one
    of the largest and most prominent. There were a number of Hmong
    officials in the senior ranks of the Government and the LPRP, including
    one Politburo member and five members of the LPRP Central Committee.
    However, some Hmong believed their ethnic group could not coexist with
    ethnic Lao. This belief fanned separatist or irredentist beliefs among
    some Hmong. The Government focused limited assistance projects in Hmong
    areas to address regional and ethnic disparities in income, which
    helped ameliorate conditions in the poorest districts.
        Although there were no reports of attacks by the few remaining
    Hmong insurgent groups during the year, the Government leadership
    maintained its suspicion of Hmong political objectives. Although
    residual, small, scattered pockets of insurgents and their families
    remained in remote jungle areas, the Government reduced efforts from
    previous years to actively combat the insurgents.
        The Government continued to offer ``amnesty'' to insurgents who
    surrender, but it continued to deny international observers permission
    to visit the estimated more than 2,000 insurgents who have surrendered
    since 2005--other than a few families in Phalak village. Because of
    their past activities, amnestied insurgents continued to be the focus
    of official suspicion and scrutiny.
        The Government generally refused international community offers to
    assist surrendered insurgents directly but allowed some aid from the UN
    and international agencies as part of larger assistance programs.

        Societal Abuses, Discrimination, and Acts of Violence Based on
    Sexual Orientation and Gender Identity.--There was no law prohibiting
    discrimination on the basis of sexual orientation. Within lowland Lao
    society, despite wide and growing tolerance of homosexual practices,
    societal discrimination in employment and housing persisted, and there
    were no governmental efforts to address it. Reports indicated that
    lesbians faced greater stigma and discrimination than gay men.

        Other Societal Violence or Discrimination.--There was no societal
    violence and no official discrimination against persons with HIV/AIDS,
    but societal discrimination existed. The Government actively promoted
    tolerance of those with HIV/AIDS, and it conducted public-awareness
    campaigns to promote understanding toward such persons.
    Section 7. Worker Rights

        a. The Right of Association.--The law does not allow workers to
    form and join independent unions of their choice; they may form unions
    without previous authorization only if they operate within the
    framework of the officially sanctioned Federation of Lao Trade Unions
    (FLTU), which in turn is controlled by the LPRP. In addition the law
    does not permit unions to conduct their activities without government
    interference and prohibits union membership for foreign workers.
    Strikes are not prohibited by law, but the Government's ban on
    subversive activities or destabilizing demonstrations and its failure
    to provide means to call a strike made strikes extremely unlikely, and
    none were reported during the year.
        According to the FLTU, there were 3,910 trade unions nationwide,
    including in most government offices. These included 16 provincial
    trade unions, one municipal trade union, 36 ministerial trade unions,
    and 2,772 permanent trade unions. Total FLTU membership was 155,000,
    approximately 5 percent of the total workforce. Most FLTU members
    worked in the public sector.
        The Government employed the majority of salaried workers.
    Subsistence farmers made up an estimated 80 percent of the work force.

        b. The Right to Organize and Bargain Collectively.--There is no
    right to organize and bargain collectively. The law stipulates that
    disputes be resolved through workplace committees composed of
    employers, representatives of the local labor union, and
    representatives of the FLTU, with final authority residing in the MLSW.
    The ministry generally did not enforce the law, especially in dealings
    with joint ventures in the private sector. Labor disputes reportedly
    were infrequent. According to labor activists, the FLTU needed
    government permission to enter factories and had to provide advance
    notice of such visits, rendering it powerless to protect workers who
    filed complaints.
        The Government set wages and salaries for government employees;
    management set wages and salaries for private business employees.
        The law stipulates that employers may not fire employees for
    conducting trade union activities, lodging complaints against employers
    about law implementation, or cooperating with officials on law
    implementation and labor disputes, and there were no reports of such
    cases. Workplace committees were used for resolving complaints, but
    there was no information on how effective these committees were in
    practice.
        There are no special laws or exemptions from regular labor laws in
    the country's export processing zone.

        c. Prohibition of Forced or Compulsory Labor.--The law prohibits
    forced or compulsory labor except in time of war or national disaster.
    However, some NGOs reported that Lao girls were subjected to conditions
    of forced labor within the country.
        Also see the Department of State's annual Trafficking in Persons
    Report at http://www.state.gov/g/tipls/tiprptndex.htm.

        d. Prohibition of Child Labor and Minimum Age for Employment.--By
    law children under age 15 may not be recruited for employment except to
    work for their families, provided such work is not dangerous or
    difficult. The MoPS and the MoJ are responsible for enforcing these
    provisions, but enforcement was ineffective due to a lack of inspectors
    and other resources. Many children helped on family farms or in shops
    and other family businesses, but child labor was rare in industrial
    enterprises. Some garment factories reportedly employed a very small
    number of underage girls.

        e. Acceptable Conditions of Work.--The MLSW sets the minimum wage
    but has no regular schedule or transparent process for doing so. In
    2009 the MLSW, in consultation with the FLTU and Lao Chamber of
    Commerce and Industry, set the daily minimum wage for the more than
    120,000 private-sector workers at 13,385 kip (approximately $1.60); the
    monthly minimum wage was 348,000 kip ($41). Additionally, employers
    were required to pay a 8,500 kip ($1) meal allowance per day. These
    wages were insufficient to provide a decent standard of living for a
    worker and family. The NA, in consultation with the Ministry of
    Finance, increased the minimum wage for civil servants and state
    enterprise employees to 405,000 kip ($47.80) per month in 2008. In
    addition to their minimum wage, civil servants often received housing
    subsidies and other government benefits. Some piecework employees,
    especially on construction sites, earned less than the minimum wage.
        The law provides for a workweek limited to 48 hours (36 hours for
    employment in dangerous activities) and at least one day of rest per
    week. Overtime may not exceed 30 hours per month, and each period of
    overtime may not exceed three hours. The overtime pay rate varies from
    150 to 300 percent of normal pay. The overtime law was not effectively
    enforced.
        The law provides for safe working conditions and higher
    compensation for dangerous work. In case of death or injury on the job,
    employers are responsible for compensating a worker or the worker's
    family. Employers generally fulfilled this requirement in the formal
    economic sector. The law also mandates extensive employer
    responsibility for those disabled at work, and this provision appeared
    effectively enforced. The MLSW is responsible for workplace
    inspections. Officials undertake unannounced inspections when notified
    of a violation of safe working standards. However, the MLSW lacked the
    personnel and budgetary resources to enforce the law effectively. The
    law has no specific provision allowing workers to remove themselves
    from a dangerous situation without jeopardizing their employment.
        There were a number of illegal immigrants in the country,
    particularly from Vietnam, China, and Burma, and they were vulnerable
    to exploitation by employers. These immigrants primarily worked in
    construction, plantations, casinos, and service industries.

                                   __________

                                    MALAYSIA

        Malaysia is a federal constitutional monarchy with a population of
    approximately 28.3 million. It has a parliamentary system of government
    headed by a prime minister selected through periodic, multiparty
    elections. The United Malays National Organization (UMNO), together
    with a coalition of political parties known as the National Front (BN),
    has held power since independence in 1957. The most recent national
    elections, in March 2008, were conducted in a generally transparent
    manner and witnessed significant opposition gains. In April 2009 Najib
    Razak was sworn in as prime minister. Security forces reported to
    civilian authorities.
        Some obstacles prevented opposition parties from competing on equal
    terms with the ruling coalition. Other human rights problems included:
    some deaths occurred during police apprehensions and while in police
    custody; police abuse of detainees; overcrowded immigration detention
    centers (IDCs); arbitrary arrest and detention using the Internal
    Security Act (ISA) and three other statutes that allow detention
    without trial; and persistent questions about the impartiality and
    independence of the judiciary. The Government continued to pursue the
    prosecution of a prominent opposition leader on sodomy charges. The
    criminal and Sharia courts utilized caning as a form of punishment. The
    Government continued to restrict freedom of press, association,
    assembly, speech, and religion. Trafficking in persons remained a
    problem. Longstanding government policies gave preferences to ethnic
    Malays in many areas. Some employers exploited migrant workers and
    ethnic-Indian citizens through forced labor. Some child labor occurred
    in plantations.
                            respect for human rights
    Section 1. Respect for the Integrity of the Person, Including Freedom
            From:

        a. Arbitrary or Unlawful Deprivation of Life.--There were no known
    politically motivated killings by the Government or its agents;
    however, during the year local media reported that police killed 35
    persons while apprehending them, down from 108 such killings in 2009.
    State-influenced print media used a consistent narrative to describe
    these encounters--suspects stopped by police, tried to attack police;
    police killed suspect in self-defense; evidence of criminal activity
    found on suspect's body. Local human rights groups suggested this
    pattern was used to justify deaths, usually of ethnic minorities, in
    police custody.
        On April 9, police shot and killed two ethnic Indian brothers, R.
    Logeswaran and R. Satchithananthan. Police reportedly saw them engaging
    in suspicious activity and tried to stop their car. The police reported
    that the brothers attempted to hit police personnel with their car and
    then opened fire, forcing the police to return fire in self-defense.
    Police claimed to have found numerous weapons in the vehicle and that
    the brothers were responsible for several armed robberies. Indian
    rights groups were critical of the shootings as an example of police
    ``shoot-to-kill'' policies. There was no known investigation into the
    matter.
        On April 26, police shot and killed Aminulrasyid Amzah, a 15-year-
    old ethnic Malay boy they were attempting to stop and question for
    engaging in suspicious activity. Police alleged that after a high-speed
    chase, he placed his car into reverse and was attempting to run over
    the officers when they drew their weapons and fired the deadly shots.
    Condemnation of the shooting came from all parts of society. Senior
    government officials, including the prime minister, called for full
    police cooperation into the investigation. The killing reportedly led
    to a review of the police standard operating procedures relating to use
    of deadly force. On May 4, the Government created a special eight-
    member panel to oversee the police investigation. On May 10, police
    Corporal Jenain Subi was charged for culpable homicide not amounting to
    murder for the fatal shooting. On September 3, the special panel found
    that the investigation was fair and transparent. The trial commenced on
    October 12 and was ongoing at year's end.
        On November 13, police shot and killed Muhammad Hanafi Omar, 22,
    Mohd Shamil Hafiz Shafie, 16, and Mohd Khairul Nizam Tuah, 20, after
    the three allegedly robbed a gas station in Selangor. According to
    police, the three were part of a criminal gang that had robbed three
    gas stations in the days leading up to the shootings. The police
    reportedly shot and killed them in self-defense after they tried to
    attack police with machetes. On November 17, local human rights
    nongovernmental organization (NGO) SUARAM (Voice of the Malaysian
    People) publicly questioned the police justification. On November 21,
    the families of the youths lodged a complaint against the police
    claiming that the shootings were tantamount to executions. There were
    no known further developments during the year.
        The trial of police constable Navindran Vivekanandan for causing
    grievous hurt in the January 2009 death of Kugan Ananthan, an ethnic
    Indian in police detention, continued at year's end. On August 14,
    Kugan's mother, N. Indra, petitioned the king to intervene in the
    criminal case, claiming that the evidence implicated additional
    individuals, although the Government only charged one officer.
        The inquest into the July 2009 death of Teoh Beng Hock, a political
    aide to a Selangor State legislative assemblyman, continued at year's
    end. On August 11, the Attorney General's Chambers (AGC) attempted to
    introduce a purported suicide note. Critics raised concerns as to the
    reason for the delayed disclosure and questioned the note's
    authenticity. Teoh's family asserted that the note contained multiple
    discrepancies and did not match Teoh's handwriting.
        On October 25, the inquest into the July 2009 death in police
    custody of R. Gunasegaran concluded. The coroner found that the cause
    of death in Gunasegaran's case could not be conclusively proven.
        There were no known developments in the November 2009 police
    shooting of five ethnic Indian youths ages 17 to 24.
        The RM100 million (approximately $32 million) civil suit instituted
    by the father of 2006 murder victim, Altantuya Shaaribu, against the
    Government, political analyst Razak Baginda, and the two police
    officers convicted for the killing continued at year's end.
        On June 30, the Kuala Lumpur High Court ordered the Government and
    police to pay RM1.4 million ($451,600) to Suzana Mohamad Aris, whose
    husband, Mohamad Anuar Sharip, allegedly was beaten to death while in
    police custody in 1999. Judge Lee Swee Seng said, ``Let the message go
    forth from this place that any more deaths in police custody is one too
    many. The basic human right of a detainee to seek medical treatment
    should be immediately attended to. There should be no more loss of life
    in police custody as every life is precious.''

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

        c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
    Punishment.--No law specifically prohibits torture; however, laws that
    prohibit ``committing grievous hurt'' encompass torture. Although there
    were some allegations of beatings and mistreatment by the
    nonprofessional People's Volunteer Corps (RELA) and immigration
    officials in IDCs, the number of such allegations was greatly reduced.
    IDCs continued to be administered by the Immigration Department and
    supplemented by RELA.
        In January the Government charged N. Tharmendran, a former Royal
    Malaysian Air Force (RMAF) sergeant, for the theft of two fighter-jet
    engines from the RMAF. On June 17, N. Nagarajah filed a police report
    on behalf of his son, N. Tharmendran, alleging that he was tortured
    into confessing to the crime while in military detention. Tharmendran
    claimed military intelligence officials detained and tortured him for
    three weeks. He further alleged that army officers forced him to wear a
    helmet while they used golf clubs and cricket bats to hit his head;
    that he was stripped to his underwear and forced to stand on a block of
    ice; threatened with death; and deprived of sleep. Tharmendran filed a
    petition to cross-examine his alleged attackers during his criminal
    case. Both the criminal case against Tharmendran and follow-up to his
    police report continued at year's end.
        There were no developments in the January 2009 case alleging that
    seven police officers committed ``criminal intimidation'' and
    ``voluntarily caused hurt to extort confession'' against B. Prabakar.
        On March 12, SUARAM issued a press statement saying four youths
    ages 15 to 20, detained for being in possession of a stolen bicycle,
    were ``tortured physically and mentally by police during the entire
    duration of their detention.''
        There were no known developments during the year concerning the
    2008 beating of a Pakistani detainee by immigration officials at
    Lenggeng IDC.
        In the past, persons detained under the ISA commonly suffered
    beatings, physical and mental abuse, and other mistreatment. For
    example according to Amnesty International, Sanjeev Kumar, detained
    under the ISA in 2007, at the time of his release in 2008 was paralyzed
    and mentally unstable as a result of beatings. However, local NGOs
    report that treatment of detainees under the ISA has improved in recent
    years, and there were no reports of mistreatment during the year.
        Criminal law prescribes caning as an additional punishment to
    imprisonment for those convicted of some nonviolent crimes, such as
    narcotics possession, criminal breach of trust, and alien smuggling.
    The law prescribes up to six strokes of the cane for both illegal
    immigrants and their employers. Judges routinely included caning in
    sentences of those convicted of such crimes as kidnapping, rape, and
    robbery. The caning was carried out with a half-inch-thick wooden cane
    that could cause welts and scarring. The law exempts men older than 50
    and all women from caning. Male children 10 years of age and older may
    be given up to 10 strokes of a ``light cane.''
        Some states' Sharia laws also prescribe caning. Although federal
    law exempts all women from caning, there are no exemptions for women
    under Sharia law and the national courts have not resolved issues
    involving conflicts between the constitution, the penal code, and
    Sharia law. In Sharia caning, a smaller cane is used, and the caning
    official cannot lift the cane above the shoulder, thus reducing the
    impact. Additionally, the subject is fully covered with a robe so that
    the cane will not touch any part of the flesh. Local Islamic officials
    claimed that the idea is not to injure but to make offenders ashamed of
    their sin so that they will repent and not repeat the offense.
        On February 17, the Home Ministry announced that three Muslim women
    and four Muslim men found guilty of illicit sex under Sharia law had
    been caned on February 9. The canings of the women took place in a
    female prison in Selangor and were administered by government
    officials. These were the first reported cases of women being caned in
    the country. Local NGOs condemned the punishments. The Malaysian Bar
    Council in a press release observed that it was shocking that the
    Government made the announcement only after the punishment had been
    carried out since the constitution forbids corporal punishment of
    women. In an earlier case in July 2009, the Kuantan Sharia High Court
    (Pahang State) sentenced Kartika Sari Dewi Shukarno to a RM5,000
    (approximately $1,400) fine and six strokes of a cane for consuming
    alcohol at a hotel in Pahang State in 2008. Kartika was the first
    Muslim woman sentenced to caning, but on April 1, the Sultan of Pahang
    commuted her caning sentence and reduced the penalty to 20 days of
    community service at a child daycare center.
        During the year Sharia courts sentenced at least five persons to
    caning for alcohol offenses. In 2009 Sharia courts sentenced persons to
    caning for alcohol offenses and for khalwat (close proximity by
    unmarried persons of the opposite sex).

        Prison and Detention Center Conditions.--Prison overcrowding,
    particularly in facilities near major cities, remained a serious
    problem. In December 2009 the Home Ministry reported that the country's
    31 prisons held 32,130prisoners in locations designed to hold 32,600.
    According to the International Centre for Prison Studies, in mid 2008,
    women made up 8.3 percent of the total prison population. Local and
    international NGOs estimated most of the country's 16 IDCs were at or
    beyond capacity, with some detainees held for a year or more.
        NGOs and international organizations involved with migrant workers
    and refugees made credible allegations of overcrowding, inadequate
    food, lack of regular access to clean water, poor medical care, poor
    sanitation, and lack of bedding in IDCs. An NGO with access to the IDCs
    claimed that overcrowding, deficient sanitation, and lack of medical
    screening and treatment facilitated the spread of disease. During the
    year the Government allowed local NGOs with mobile medical clinics into
    the IDCs. On August 24, the Ministry of Home Affairs' secretary general
    publicly acknowledged that security measures and living conditions at
    all the IDCs were seriously deficient and that none met international
    standards. He added that a five-agency committee had been set up to
    tackle the problem at IDCs and to upgrade IDC standard operating
    procedures.
        In 2008 the Malaysian Human Rights Commission (SUHAKAM) identified
    poor medical care as the principal reason why 1,300 detainees had died
    over the previous six years in IDCs, prisons, and jails. In October
    2009, a SUHAKAM commissioner noted that most of the deaths reportedly
    were due to communicable diseases that thrive in unsanitary and
    overcrowded detention facilities. The commissioner also recommended
    that the IDCs observe better health standards to prevent the spread of
    disease.
        Prisoners and detainees are allowed visitors during specified
    visiting hours, and, provided the religious practices were not derived
    from one of the 56 sects of Islam the Government considers ``deviant''
    and a threat to national security, there were no issues with religious
    observance. The Prisons Act does not provide a process for prisoners to
    submit complaints to judicial authorities. It does allow judges to
    visit prisons to examine conditions and ask prisoners and prison
    officials about prison conditions. According to local NGOs, because
    prison authorities reportedly monitor all incoming and outgoing
    materials, complaints normally would not be sent through prison
    authorities. When a lawyer is appointed to investigate a claim such
    documents could be treated as private and confidential under attorney-
    client privilege.
        The authorities generally did not permit NGOs and the media to
    monitor prison conditions. The Government approved visits by the
    International Committee of the Red Cross and SUHAKAM officials on a
    case-by-case basis. SUHAKAM serves as the Government's de facto
    ombudsman, investigating human rights abuses, including those alleged
    to have taken place within the prison system.
        The UN High Commission for Refugees (UNHCR) had access to
    registered refugees and asylum seekers detained in IDCs and prisons.
    Historically, prison and IDC officials denied the UNHCR access to
    unregistered asylum seekers in detention; however, since April 2009,
    IDCs scheduled UNHCR visits to interview unregistered potential
    refugees. Through these interviews, the UNHCR secured the release of
    2,885 refugees from IDCs during the year.

        d. Arbitrary Arrest or Detention.--The constitution stipulates that
    no person may be incarcerated unless in accordance with the law.
    However, the law allows investigative detention to prevent a criminal
    suspect from fleeing or destroying evidence while police conduct an
    investigation. Four laws, most notably the ISA, also permit preventive
    detention to incarcerate an individual suspected of criminal activity
    or to prevent a person from committing a future crime. Such laws
    severely restrict, and in some cases eliminate, access to timely legal
    representation and a fair public trial.

        Role of the Police and Security Apparatus.--The approximately
    102,000-member Royal Malaysia Police (RMP) force is under the command
    of the inspector general of police (IGP), who reports to the home
    affairs minister. The IGP is responsible for organizing and
    administering the police force. The Department of Islamic Development
    Malaysia (JAKIM) enforces Sharia law. JAKIM sometimes receives
    assistance from the RMP when conducting religious raids. The Government
    has some mechanisms to investigate and punish abuse and corruption.
    There were NGO and media reports that security forces acted with
    impunity during the year.
        Police officers are subject to trial by the civil courts. Police
    representatives reported that there were disciplinary actions against
    police officers during the year. Punishments included suspension,
    dismissal, and demotion.
        The Government continued to focus police reform efforts on
    improving salaries, quarters, and general living conditions of police
    officers. However, the status of other reforms, including the formation
    of an independent police complaints and misconduct commission, remained
    pending at year's end. NGOs complained that the Government's reform
    efforts lacked transparency.
        The police training center continued to include human rights
    awareness training in its courses. SUHAKAM conducted human rights
    training for police once during the year.
        Unlike in previous years, security forces acted to prevent or
    respond to some incidents of societal violence. Specifically, when
    places of worship were attacked in January, in response to a high
    court's ruling that non-Muslims could use the word ``Allah'' to
    describe God in Malay-language publications, government security forces
    reacted quickly to maintain control over the situation and prevent it
    from escalating.
        On September 28, 50 protesters from the Malay rights group Perkasa
    gathered outside the Kuala Lumpur and Selangor Chinese Assembly Hall to
    protest against controversial rapper Wee Meng Chee (also known as
    Namewee) as he prepared to speak at a youth summit. The crowd burned
    enlarged photos of Namewee and attempted to enter the hall but were
    stopped by antiriot police.
        In recent years, the Home Ministry relied primarily upon RELA to
    conduct raids and detain suspected illegal migrants. However, in 2009
    the Government reduced RELA involvement and authority in immigration
    matters and by August 2009, had removed all RELA personnel from the
    IDCs. In 2009 the Government announced that RELA members would assist
    the police in combating crime. However, after the August 1 escape of 20
    Afghan nationals from an IDC near Kuala Lumpur International Airport,
    Deputy Home Minister Lee Chee Leong announced that security for the
    IDCs would be transferred from immigration authorities to the Prison
    Department, with RELA providing perimeter security. NGOs and
    organizations dealing with refugee affairs reported that RELA continued
    to enforce immigration laws.
        In December RELA membership reached 2,042,215, having almost
    doubled since 2009. The Government took steps to increase RELA's
    overall role, specifically in assisting police with criminal matters.
    NGOs remained concerned that inadequate training left RELA members ill
    equipped to perform their duties. On December 29, Koh Tsu Koon,
    minister in the Prime Minister's Department, said that due to the
    impossibility of stationing police officers on every corner, thousands
    of RELA members were deployed to assist police in the patrolling of
    high-crime areas. Reported abuses by RELA members included extortion,
    theft, pilfering items from homes, and pillaging refugee settlements.
    However, such reports were fewer than in previous years.
        The Government did not release information on how it investigated
    complaints against RELA members or how it administered disciplinary
    action. The Public Protection Authorities Act of 1948 and a 2005
    Amendment to Essential Regulations give RELA members legal immunity for
    official acts committed in good faith.

        Arrest Procedures and Treatment While in Detention.--The law
    permits police to arrest individuals for some offenses without a
    warrant and hold suspects for 24 hours without charge. A magistrate may
    extend this initial detention period for up to two weeks. Although
    police generally observed these provisions, a 2005 police commission
    report noted that police sometimes released suspects and then quickly
    rearrested them and held them in investigative custody. Local NGOs
    asserted that this practice continued. The law gives an arrested
    individual the right to be informed of the grounds for his arrest by
    the police officer making the arrest. Police must inform detainees that
    they are allowed to contact family members and consult a lawyer of
    their choice.
        Police often denied detainees access to legal counsel and
    questioned suspects without giving them access to counsel. Police
    justified this practice as necessary to prevent interference in ongoing
    investigations, and judicial decisions generally upheld the practice.
    The 2005 police commission report stated that an ``arrest first,
    investigate later'' mentality pervaded some elements of the police
    force and recommended that detention procedures be reviewed to prevent
    abuse. On some occasions law enforcement agencies did not promptly
    allow access to family members.
        The law allows the detention of a person whose testimony as a
    material witness is necessary in a criminal case if that person is
    likely to flee. Bail is usually available for those accused of crimes
    not punishable by life imprisonment or death. The amount and
    availability of bail is determined at the judge's discretion. When bail
    is granted, accused persons usually must surrender their passports to
    the court.
        Crowded and understaffed courts often resulted in lengthy pretrial
    detention, sometimes lasting several years. In December 2009 Chief
    Justice Zaki Azmi stated there were 900,000 cases pending in the lower
    courts and 91,000 in the higher courts. On September 25, the chief
    justice of the federal court announced the establishment of two
    additional civil high courts to ease the backlog in commercial and
    civil high court cases. In October Zaki announced there were 43,403
    pending civil cases at the high court, a 53.5 per cent reduction
    compared with 93,523 cases in 2008. There are 3,459 pending criminal
    cases at the High Court, a 23.8 per cent reduction compared with 4,544
    cases in 2008. On December 14, Zaki announced that the Government would
    allow plea bargaining as a means of reducing case backlogs.
        Four preventive detention laws permit the Government to detain
    suspects without normal judicial review or filing formal charges: the
    ISA, the Emergency (Public Order and Prevention of Crime) Ordinance,
    the Dangerous Drugs (Special Preventive Measures) Act, and the
    Restricted Residence Act.
        The ISA empowers police to arrest without a warrant and hold for up
    to 60 days any person who acts ``in a manner prejudicial to the
    national security or economic life of Malaysia.'' During the initial 60
    day detention period in special detention centers, the ISA allows for
    the denial of legal representation and does not require that the case
    be brought before a court. The home minister may authorize further
    detention for up to two years, with an unlimited number of two-year
    extensions to follow. In practice, the Government infrequently
    authorized ISA detention beyond two two-year terms. Some of those
    released before the end of their detention period were subject to
    ``imposed restricted conditions.'' These conditions limit freedom of
    speech, association, and travel inside and outside the country.
        Even when there are no formal charges, the ISA requires that
    authorities inform detainees of the accusations against them and permit
    them to appeal to a nonjudicial advisory board for review every six
    months. However, advisory board decisions and recommendations are not
    binding on the home minister, not made public, and often not shown to
    the detainee.
        The Bar Council and several human rights NGOs have called for the
    repeal of the ISA, which does not allow judicial review of ISA
    decisions in any court, except for issues of compliance with procedural
    requirements. The UN Human Rights Council's Working Group on Arbitrary
    Detention visited the country June 7-18 and at the conclusion of its
    visit recommended that the ISA (and the other preventive detention
    laws) be repealed or, if amended, brought into conformity with the
    Universal Declaration of Human Rights.
        In April 2009, on his first day in office, Prime Minister Najib
    announced that his office would conduct a comprehensive review of the
    ISA. Since the announcement, the Home Affairs Ministry has held closed
    meetings with numerous groups, including political parties and NGOs, to
    review the act. Little information has been made publicly available
    regarding these meetings.
        In 2009 the Government released 31 ISA detainees, including five
    detained Hindu Rights Action Force leaders and five alleged Jemaah
    Islamiya (JI) terrorist organization members.
        On January 27, the Home Minister confirmed that on January 21,
    authorities detained 10 persons--nine foreigners and one citizen--under
    the ISA for alleged links with international terrorist organizations.
    The nine foreign-born arrestees from Yemen, Nigeria, Jordan, and Syria
    reportedly were deported in March. The Government placed the one
    Malaysian citizen, Azzahari Murad, under the provisions of the
    Restrictive Residence Act on March 11.
        On July 15, authorities detained Mohamad Fadzullah Abdul Razak for
    allegedly recruiting undergraduate students to join JI. At year's end
    he remained in custody under the ISA.
        On August 11, authorities detained three persons, citizens Sheikh
    Abdullah Sheikh Junaid, and Samsul Hamidi, and Indonesian
    MustawanAhbab, for alleged terrorist links. The Government released
    Sheikh Abdullah Sheikh Junaid and Samsul Hamidi within 60 days of their
    arrest.
        On September 2, the Home Ministry released Shamsuddin Sulaiman, an
    alleged member of JI, after eight years in detention. On September 24,
    the Home Ministry deported and turned over to Singaporean authorities
    Mas Selamat Kastari, alleged leader of the Singapore JI network.
        According to local NGOs, during the year authorities detained 25
    persons under the ISA and released 15 persons. At year's end there were
    25 persons reportedly in detention under the ISA, including those who
    had been detained in previous years. Reasons for the detentions were
    links to terror organizations, document forgery, and involvement in
    human smuggling syndicates.
        On March 25, the Court of Appeals overturned the Kuala Lumpur High
    Court's 2007 award of RM2.5 million (approximately $715,000) to former
    ISA detainee Abdul Malek Hussin for his arrest and alleged torture
    under the ISA in 1998. The Court of Appeals ruled that his detention
    under the ISA was legal and that he was not entitled to the monetary
    award. On August 12, the Federal Court upheld the ruling.
        Under the Emergency Ordinance (EO), the home minister may issue a
    detention order for up to two years against a person if he deems it
    necessary for the protection of public order, ``the suppression of
    violence, or the prevention of crimes involving violence.'' A local NGO
    reported that in 2009, the Government detained 548 persons under the
    EO. According to statistics the Home Ministry presented to Parliament
    in January, 3,701 individuals were detained under the EO and other
    preventative measures between 2000 and 2009. The authorities used the
    EO on suspected organized-crime figures.
        In December 2009 authorities reportedly arrested four youths
    between the ages of 15 and 20--S. Gunaseelan, M. Puspanathan, P.S.
    Jagendran, and V. Rajkumar--for being in possession of a stolen
    bicycle. The four were reportedly detained for 60 days under the EO. On
    March 11, the home minister ordered the detention of the four under the
    Restricted Residence Act. On March 12, SUARAM issued a press statement
    saying the four were ``tortured physically and mentally by police
    during the entire duration of their detention'' under the EO. On
    December 20, the Government allowed Jagandran to return to his
    hometown, but his movement is restricted until March 2012, under the
    provisions of the EO.
        Provisions of the Dangerous Drugs Act give the Government specific
    power to detain suspected drug traffickers without trial for up to 39
    days before the home affairs minister must issue a detention order.
    Once the Home Affairs Ministry issues the detention order, the detainee
    is entitled to a hearing before a court, which has the authority to
    order the detainee's release. Authorities may hold suspects without
    charge for successive two-year intervals with periodic review by an
    advisory board, whose opinion is binding on the minister. However, the
    review process contains none of the procedural rights that a defendant
    would have in a court proceeding. Police frequently detained suspected
    narcotics traffickers under this act after courts acquitted them of
    formal charges. According to the National Antidrug Agency, the
    Government detained 1,176 persons under the preventive detention
    provisions of the act during the first 11 months of 2009, compared with
    1,115 persons during all of 2008.
        The Restricted Residence Act allows the home affairs minister to
    place individuals under restricted residence away from their homes.
    These persons may not leave the residential district assigned to them,
    and they must present themselves to police on a daily basis. As under
    the ISA, authorities may renew the term of restricted residence every
    two years. The minister is authorized to issue the restricted residence
    orders without any judicial or administrative hearings. The Government
    continued to justify the act as a necessary tool to remove suspects
    from the area where undesirable activities were being conducted.

        e. Denial of Fair Public Trial.--Three constitutional articles
    provide the basis for an independent judiciary; however, other
    constitutional provisions, legislation restricting judicial review, and
    additional factors limited judicial independence and strengthened
    executive influence over the judiciary.
        Members of the bar, NGO representatives, and other observers
    expressed serious concern about significant limitations on judicial
    independence, citing a number of high-profile instances of arbitrary
    verdicts, selective prosecution, and preferential treatment of some
    litigants and lawyers.
        In 2008 a royal commission, which had been formed to investigate
    the 2002 videotape of a purported conversation in which a senior
    lawyer, V.K. Lingam, and a senior judge, Ahmad Fairuz Abdul Halim,
    discussed arrangements for assigning cases to ``friendly'' judges,
    released its findings and determined that former prime minister
    Mahathir, UMNO Secretary General Tengku Adnan, and former chief justice
    Eusoff Chin among others were involved in manipulating judicial
    appointments and improperly influenced the promotion of judges. In June
    2009 in a written reply to opposition Democratic Action Party (DAP)
    parliamentarian Karpal Singh's question on why there was no follow-up
    on the commission's findings, a minister in the Prime Minister's
    Department explained that the cases were closed for lack of evidence.
    On August 23, Lingam, along with Eusoff Chin and Ahmad Fairuz appealed
    the high court's 2008 decision denying them permission to appeal the
    findings of the royal commission. On August 24, the Court of Appeal
    granted permission for the three to challenge the findings of the royal
    commission and directed the high court to hear the case. On September
    23, the AGC appealed the Court of Appeal's decision to the Federal
    Court. On September 30, the high court announced that it would hear the
    case on May 16, 2011.
        In 2008 authorities arrested parliamentary opposition leader Anwar
    Ibrahim for alleged consensual sodomy with a former aide. Prosecutors
    charged Anwar in court under the penal code for ``consensual carnal
    intercourse against the order of nature,'' which carries a potential
    sentence of 20 years in jail. The court released Anwar on bail.
        In August 2009 Anwar filed an application for judicial review to
    disqualify the Government's prosecution team on grounds of alleged
    bias, conflict of interest, and prosecutorial misconduct. After months
    of delay while the trial court ruled on motions ranging from requests
    for evidence to outright dismissal, Anwar's trial began on February 2,
    with his former aide and alleged victim, Saiful Bukhari, taking the
    stand as the prosecution's first witness. Since the beginning of the
    trial, there have been six administrative delays due to appeals. The
    trial was scheduled to resume January 21, 2011. Prosecution for
    consensual sodomy between two adults is extremely rare in Malaysian
    jurisprudence.

        Trial Procedures.--English common law is the basis for the secular
    legal system. The constitution states that all persons are equal before
    the law and entitled to equal protection of the law. Trials are public,
    although judges may order restrictions on press coverage. Juries are
    not used. Defendants have the right to counsel at public expense if
    requested by an accused individual facing serious criminal charges.
    Strict rules of evidence apply in court. Defendants may make statements
    for the record to an investigative agency prior to trial. Limited
    pretrial discovery in criminal cases impeded defendants' ability to
    defend themselves. Defendants confronted witnesses against them and
    presented witnesses and evidence on their behalf, although judges
    sometimes disallowed witness testimony. Government-held evidence was
    not consistently made available. Attorneys are required to apply for a
    court order to obtain documents covered under the Official Secrets Act.
    Defendants are presumed innocent until proven guilty and may appeal
    court decisions to higher courts. The law limits a defendant's right to
    appeal in some circumstances. The Government stated that the limits
    expedite the hearing of cases in the upper courts, but the Bar Council
    declared that they impose excessive restrictions on appeals.
        In firearm and certain national security cases, a lower standard
    for accepting self-incriminating statements by defendants as evidence
    is in effect. Regulations also allow the authorities to hold an accused
    for an unspecified time before making formal charges.
        In criminal cases, police sometimes used tactics that impaired a
    defendant's due process rights. For example, police used raids and
    document seizures to harass defendants.
        Sharia courts do not give equal weight to the testimony of women.
    Many NGOs complained that women did not receive fair treatment from
    Sharia courts, especially in matters of divorce and child custody.

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

        Civil Judicial Procedures and Remedies.--The structure of the civil
    judiciary mirrors that of the criminal courts. A large case backlog
    often resulted in delayed provision of court-ordered relief for civil
    plaintiffs. The courts have encouraged the use of mediation and
    arbitration to speed settlements. According to judicial sources,
    mediation was used in 60 percent of road accident cases and
    approximately 40 percent of other civil cases. The Government and
    government officials can be sued in court for alleged violations of
    human rights.

        f. Arbitrary Interference With Privacy, Family, Home, or
    Correspondence.--Various laws prohibit arbitrary interference with
    privacy rights; however, authorities infringed on citizens' privacy
    rights in some cases. Provisions in the security legislation allow
    police to enter and search without a warrant the homes of persons
    suspected of threatening national security. Police also may confiscate
    evidence under these provisions. Police used this legal authority to
    search homes and offices; seize computers, books, and papers; monitor
    conversations; and take persons into custody without a warrant. The
    Government monitored e mails sent to Internet blog sites and threatened
    to detain anyone sending content over the Internet that the Government
    deemed threatening to public order or security.
        JAKIM guidelines authorize JAKIM officials to enter private
    premises without a warrant if they deem swift action necessary to
    conduct raids on premises where they suspect Muslims are engaged in
    offenses such as gambling, consumption of alcohol, and sexual relations
    outside marriage.
        On January 4, local news outlets reported that the Selangor Islamic
    Religious Department (JAIS) conducted raids at budget hotels in
    Selangor in conjunction with the New Year's Eve celebration and
    arrested 52 unmarried couples in hotels for violating khalwat. On April
    25, local newspapers reported that a 21-year-old college student fell
    to his death from the fifth floor of an apartment building when he
    reportedly tried to escape a raid by JAIS agents searching for khalwat
    violators.
        In corruption investigations, after a senior police official
    involved in the investigation submits a written application, the law
    empowers a deputy public prosecutor to authorize interception of any
    messages sent or received by a suspect. Information obtained in this
    way is admissible as evidence in a corruption trial. Security forces
    have broad authority to install surreptitiously surveillance devices on
    private property. In addition, public prosecutors may authorize police
    to intercept postal and telecommunications messages if a prosecutor
    judges these likely to contain information regarding a terrorist
    offense. Intercepted communications from such efforts are admissible in
    court.
        The law permits the Home Ministry to place criminal suspects under
    restricted residence in remote districts away from their homes for two
    years.
        The Government bans membership in unregistered political parties
    and organizations.
        Certain religious issues posed significant obstacles to marriage
    between Muslims and adherents of other religions. The Government does
    not recognize marriages between Muslims and non-Muslims.
    Section 2. Respect for Civil Liberties, Including:

        a. Freedom of Speech and Press.--The constitution provides for
    freedom of speech and of the press; however, in practice the Government
    restricted freedom of expression and intimidated journalists into
    practicing self-censorship. According to officials of the Home and
    Information Ministries, they imposed restrictions on the media to
    protect national security, public order, and friendly relations with
    other countries.
        The law provides that legislation ``in the interest of security
    (or) public order'' may restrict freedom of speech. For example, the
    Sedition Act prohibits public comment on issues defined as sensitive,
    such as racial and religious matters. The Government used the ISA, the
    Sedition Act, the Official Secrets Act, the Printing Presses and
    Publications Act, criminal defamation laws, and other laws to restrict
    or intimidate political speech. Nevertheless, individuals frequently
    criticized the Government publicly or privately. However, on some
    occasions the Government retaliated against those who criticized it.
        The election law makes it an offense for a candidate to ``promote
    feelings of ill will, discontent, or hostility.'' Violators could be
    disqualified from running for office.
        On August 18, popular Chinese-language radio station 98.8
    terminated the employment of a Chinese-speaking ethnic-Malay announcer,
    Jamaluddin Ibrahim, reportedly in response to a letter from the
    Malaysian Communications and Multimedia Commission (MCMC) stating that
    Jamaluddin's comments on race relations negatively influenced the
    security of the country and were unacceptable.
        On June 12, the High Court acquitted opposition DAP parliamentarian
    Karpal Singh of charges under the Sedition Act for comments at a
    February 2009 media conference that the sultan of Perak could be sued
    for his role in the removal of a state's chief minister.
        On July 1, the Home Ministry failed to renew the annual publishing
    permit of People's Justice Party of Malaysia (PKR) newspaper Suara
    Keadilan after it expired on June 30. Anwar Ibrahim was the de facto
    leader of PKR. Also in July the Home Ministry refused to renew the
    permits of two other opposition political party newspapers--the Islamic
    Party of Malaysia's (PAS) Harakah, which expired on July 7, and the
    DAP's Rocket, which expired on June 30. Both parties appealed the Home
    Ministry's decision. On July 15, the Home Ministry approved Harakah's
    permit with conditions that the newspaper be sold only to members and
    at the party's headquarters and offices. On August 18, the Home
    Ministry renewed the permit of the Rocket and imposed the same
    conditions.
        Parties in the ruling coalition owned or controlled a majority of
    shares in two of the three major English and all Malay daily
    newspapers. Businesspersons well connected to the Government and ruling
    parties owned the third major English-language newspaper and all four
    major Chinese-language newspapers.
        Journalists were subject to harassment and intimidation due to
    their reporting. On February 19, a journalist for the Government-
    influenced daily, The Star, P. Gunasegaran, wrote an article titled
    ``Persuasion, not Compulsion'' in which he questioned whether the
    detention and caning of three Muslim women for having illicit sex was
    an appropriate punishment. On February 22, the conservative Muslim NGO
    Rakyat Islam Prihatin and several others including the pro-Malay-rights
    group Perkasa lodged police reports demanding that the Government
    revoke The Star's printing permit to protest the article. The NGOs
    claimed the article insulted Islam and demanded both an apology and
    that Gunasegaran be fired. On February 23, the Home Ministry issued a
    show-cause letter against the publication. On February 24, The Star
    issued an apology in response.
        On September 22, police questioned member of parliament and
    daughter of opposition leader Anwar Ibrahim, Nurul Izzah, for sedition,
    following the two-part article she authored, entitled ``Malaysia or
    Malaysaja'' (Malaysia or Malay Only) for the Web site Malaysian Insider
    on August 31. In the article Nurul argued that the constitution refers
    to the ``special position'' of the Malays and other bumiputera (Malays
    and other indigenous persons, literally ``sons of the soil''), but not
    to any inalienable rights. Nurul also invited Ibrahim Ali, president of
    the Malay rights NGO Perkasa, to debate. On September 2, Ibrahim Ali
    lodged a police report against Nurul over the article, accusing her of
    questioning the constitution. On September 22, the police questioned
    Nurul Izzah. There were no further developments during the year.
        On September 29, DAP member of Parliament Tony Pua was questioned
    by police for sedition for suggesting the abolishment of discounts for
    luxury residential properties for bumiputera and channeling those
    benefits to the poor instead. His suggestion was published in the local
    daily Utusan Malaysia on July 27, which resulted in numerous police
    reports filed against Pua for questioning the rights of ethnic Malays.
    No further information regarding the case was available.
        Unlike in past years, there were no instances of journalists being
    subject to arrest.
        Criminal defamation is punishable by a maximum of two years in
    jail, a fine, or both. This, along with the Government power over
    annual license renewal and other policies, inhibited independent or
    investigative journalism and resulted in extensive self-censorship.
    Nonetheless, the English-, Malay-, and Chinese-language press sometimes
    provided alternative views on sensitive issues, as did online media and
    bloggers.
        The Government continued to censor the media by controlling news
    content, requiring the annual renewal of publishing permits, and
    limiting circulation to an organization's members only. Printers often
    were reluctant to print publications that were critical of the
    Government for fear of reprisal. However, publications of opposition
    parties, social action groups, unions, Internet news sites, and other
    private groups actively covered opposition parties and frequently
    printed views critical of government policies.
        The Government directly and indirectly censored the media by using
    the Printing Presses and Publications Act, which requires domestic and
    foreign publications to apply annually to the Government for a permit,
    making publication of ``malicious news'' a punishable offense and
    empowering the home affairs minister to ban or restrict publications
    believed to threaten public order, morality, or national security. It
    also prohibits court challenges to suspension or revocation of
    publication permits. According to the Government, these provisions
    ensured that the media did not disseminate ``distorted news'' and were
    necessary to preserve harmony and promote peaceful coexistence in a
    multiracial country. During the year the ministry continued to review,
    censor, and confiscate many foreign publications.
        During the year the Home Ministry banned at least 25 books that
    could ``jeopardize public order'' or were obscene. The books banned
    include a Tamil-language book, Sex Exercise by Tamilvanan, and a Malay
    book, Between Love and Sin by Fahmi Ismail. Home Ministry officials
    added that individuals involved in the printing, importing, publishing,
    selling, and distributing of these banned titles could be charged under
    the Printing, Presses, and Publishing Act of 1984, which carries a jail
    term of up to three years and a fine up to RM20,000 (approximately
    $5,700).
        In June the Government banned the book Perak Darul Kartun (Perak
    Land of Cartoons) and a magazine of political cartoons, Issues in
    Cartoons. Home Ministry Secretary General Mahmood Adam said the
    Government banned the publications because their contents could
    influence people to revolt against the leaders and government policies.
        On June 24, the Home Ministry also banned a book, 1Funny Malaysia,
    by cartoonist Zulkifly Anwar Ulhaque (also known as Zunar) and
    published by Kini Books, which is owned by Internet news portal
    Malaysiakini. Mahmood Adam said the book's contents were deemed
    unsuitable and detrimental to public order. On September 24, police
    officials arrested Zunar for sedition just hours before the launch of
    his book, Cartoon-o-phobia. The Government confiscated 66 copies of the
    book. Zunar was released on bail September 25 and was ordered to report
    to police on October 7. On October 8, the high court allowed Zunar to
    file a challenge to the book ban. A hearing was scheduled for March 10,
    2011.
        On August 19, Home Ministry enforcement officers seized copies of
    political books, Body 2 Body and The March to Putrajaya, from
    Kinokuniya, an international bookstore in Kuala Lumpur. The officers
    left a seizure notice with the store's employees. On September 30, the
    Home Ministry banned the books for containing ``baseless accusations
    against national leaders and inciting public hatred and anger against
    the federal constitution.'' On October 4, Kim Quek, the author of March
    to Putrajaya, made the book available on the Internet free of charge.
    On December 10, Kim Quek filed a lawsuit against the home minister, the
    police, and the Government alleging unlawful seizure of the books. The
    high court judge scheduled a hearing for January 10, 2011.
        On January 25, the High Court of Kuala Lumpur lifted as
    unconstitutional the ban imposed in 2008 against the book Muslim Women
    and the Challenge of Islamic Extremism, by Norani Othman, cofounder of
    the NGO Sisters in Islam (SIS).
        On March 8 and 11, the Home Ministry banned 13 Malay-language,
    three Tamil-language, and five Chinese-language books claiming the
    books were immoral and unsuitable for public reading.
        Radio and television stations were as restricted as the print media
    and were predominantly supportive of the Government. News of the
    opposition was tightly restricted and reported in a biased fashion.
    During the 13 by-elections held since the March 2008 national
    elections, the mainstream media provided minimal coverage of opposition
    candidates, intensely negative reporting about their parties' senior
    figures, and extensive reporting on the ruling party candidates.
        On April 20, Joshua Wong Ngee Chong, producer of NTV7's Chinese-
    language talk show ``Editor's Time,'' resigned to protest self-
    censorship by the private television channel in the face of alleged
    pressure from the prime minister's wife, Rosmah Mansor. According to
    Wong, Rosmah forwarded text messages to NTV7 senior management calling
    episodes of some of its talk shows racist. The episodes in question
    featured debates between politicians from the ruling coalition Barisan
    Nasional and the opposition coalition Pakatan Rakyat (PR) as well as
    independent commentators. NTV7 subsequently did not report on the April
    25 Hulu Selangor parliamentary by-election or political issues in
    general; nor did it invite opposition politicians as guests. NTV7
    subsequently refused to air a documentary on the Hulu Selangor by-
    election.
        On April 28, the director general of state-owned Radio Television
    Malaysia, Ibrahim Yahya, allegedly ordered a Chinese-language
    documentary series Galeri Mandarin Nasional taken off the air after
    only two episodes. The 10-episode series depicted the plight of more
    than 10,000 natives of Belaga, Sarawak, after their forced relocation
    to Sungai Asap and Sungai Koyan in 1998 due to the construction of
    Bakun Dam. The documentary producer reportedly said that his superior
    claimed that some ``sensitive elements'' in the documentary could be
    harmful to the Sibu parliamentary by-election that was to be held on
    May 16 and the upcoming Sarawak State election.
        Television stations censored programming in line with government
    guidelines. The Government banned some foreign newspapers and magazines
    and occasionally censored foreign magazines or newspapers, most often
    for sexual content. The Government maintained a ``blacklist'' of local
    and foreign performers, politicians, and religious leaders who were not
    allowed to appear on television or broadcast on radio.
        The Government generally restricted remarks or publications,
    including books, that it judged might incite racial or religious
    disharmony.

        Internet Freedom.--Internet access was widely available, except in
    East Malaysia, where the Internet was often not available beyond urban
    centers. According to International Telecommunication Union statistics
    for 2009, approximately 65 percent of the country's inhabitants used
    the Internet.
        On March 1, Information, Communication and Culture Minister Rais
    Yatim said the Government would not impose any restrictions on the
    Internet, noting that the Government would not resort to measures such
    as censoring software to monitor all personal computers. However, on
    September 4, the Home Ministry deputy secretary general for security,
    Abdul Rahim Mohamad Radzi, announced the establishment of a taskforce
    to monitor the Internet for blog postings deemed harmful to national
    unity and to take action against those trying to stoke racial tensions.
    The taskforce involved police, Internet regulators, the Ministry of
    Information, and the Attorney General's Chambers. The Government
    monitored e mails sent to Internet blog sites and threatened to detain
    anyone sending content over the Internet that the Government deemed
    threatening to public order or security. On September 13, Rais Yatim
    mentioned the formation of a special taskforce to investigate
    complaints about possible threats to national security and unity. On
    September 15, the MCMC warned Internet operators to avoid offensive,
    indecent, or sensitive matters such as religion and race.
        Criminal defamation and preventive detention laws generated some
    self-censorship from local Internet content sources such as bloggers,
    Internet news providers, and NGO activists.
        On September 2, the Petaling Jaya Sessions court charged blogger
    Irwan Abdul Rahman under the Communication and Multimedia Act for
    ``creating and spreading lies with the malicious intent to hurt
    others.'' Irwan posted a satire stating that the National Electric
    Company (Tenaga Nasional Berhad) would sue the World Wildlife
    Federation for organizing the ``Earth Hour Campaign'' encouraging
    consumers not to use electricity for an hour because such an event
    would cost the national corporation millions in unrealized revenue. If
    convicted, Irwan could face a year's imprisonment and a fine of as much
    as RM50,000 (approximately $16,000). A hearing was scheduled for
    January 26, 2011.
        On December 6, UMNO Supreme Council member Dr. Shahidan Kassim
    called for the blocking of the Facebook social networking Web site if
    its contents pose a threat to national security. He made his comments
    after a Malaysian Facebook account holder allegedly insulted Islam and
    leaders of Malaysia on the Web site. He accompanied the Perlis Facebook
    Association committee members as they lodged a police complaint
    regarding the matter. The group reportedly also lodged a report at the
    State Islamic Religious Department.
        In March 2009 the Sessions Court Kuala Lumpur charged six persons
    under the Communications and Multimedia Act for insulting the Sultan of
    Perak on blogs or other Internet postings. The blogs related to the
    Perak political crisis following the takeover by the BN in February
    2009. One blogger pled guilty and was fined RM10,000 (approximately
    $2,850). The remaining five pled not guilty. On June 22, the Sessions
    court acquitted Muslim Ahmad on the grounds that the prosecution failed
    to establish a prima facie case against him. At year's end the trials
    against the remaining four remained pending.
        The Communications and Multimedia Act requires certain Internet and
    other network service providers to obtain a license. Previously the
    Government stated that it did not intend to impose controls on Internet
    use but that it would punish the ``misuse'' of information technology.
    The act permits punishment of the owner of a Web site or blog for
    allowing content of a racial, religious, or political nature that a
    court deems offensive.

        Academic Freedom and Cultural Events.--The Government placed some
    restrictions on academic freedom, particularly the expression of
    unapproved political views, and enforced restrictions on teachers and
    students who expressed dissenting views. The Government continued to
    require that all civil servants, university faculty, and students sign
    a pledge of loyalty to the king and the Government. Opposition leaders
    and human rights activists claimed that the Government used the loyalty
    pledge to restrain political activity among civil servants, academics,
    and students.
        Although faculty members sometimes were publicly critical of the
    Government, there was clear self-censorship among public-university
    academics whose career advancement and funding depended on the
    Government. Private institution academics practiced self-censorship as
    well, fearing that the Government might revoke the licenses of their
    institutions. The law also imposes limitations on student associations
    and on student and faculty political activity.
        During the year Deputy Prime Minister Muhydiddin Yassin told the
    press he wanted tighter screening for university lecturers to keep
    extremist ideology out of the university system. The administrations of
    several universities agreed to cooperate closely with police in
    identifying both faculty and students with possible extremist links.
        The Government has long stated that students should be apolitical,
    and it used that assertion as a basis for denying political parties
    access to student forums. According to student leaders, academic
    authorities sometimes expelled or fined students who signed
    antigovernment petitions. School authorities did not restrain
    propagation of government views on controversial issues on school
    campuses.
        On August 11, Minister of Higher Education Khaled Nordin announced
    the cabinet's reaffirmation of a 1974 decision that college and
    university students not join political parties after a Ministry of
    Education official had suggested lifting the ban. However, during an
    August 27 National Front Youth town-hall meeting, Prime Minister Najib
    said that he was keeping an open mind about university students getting
    politically involved.
        In the past the Government has censored and banned films for
    profanity, nudity, sex, violence, and certain political and religious
    content. There were no such actions during the year; however, on
    September 27, the Chairman of the Film Censorship Board called for a
    ban on the import and distribution of Japanese anime, on grounds that
    it contained negative elements, which could corrupt the minds of
    children. Although the Government allowed art-house foreign films at
    local film festivals, sexual content was censored by blocking the
    screen until the concerned scene was over.
        The youth wing of PAS protested against singers and groups it
    considered obscene and not in accordance with Islamic values. The
    Government responded by canceling or placing conditions on performances
    by some international performers. The PAS-led Kedah State government
    continued its policy of issuing entertainment licenses to female
    artists only for concerts for female audiences. The state government
    also maintained a blanket ban on rock, reggae, pop, and dangdut (an
    Indonesian style of music) concerts, which it claimed could have a
    ``negative impact'' on youth.

        b. Freedom of Peaceful Assembly and Association.--Freedom of
    Assembly.--The constitution states that all citizens have ``the right
    to assemble peaceably and without arms''; however, the Government
    placed significant restrictions on this right through use of the Public
    Order Ordinance and the Police Act. The ordinance restricts public
    assemblies that could damage security and public order, while the act
    requires police permits for all public assemblies except for workers on
    picket lines. The act defines a public assembly as a gathering of five
    or more persons.
        The decision to grant a permit rests with the district police
    chief; however, senior police officials and political leaders
    influenced the granting or denial of some permits. Police granted
    permits routinely to government and ruling coalition supporters but
    used a more restrictive approach with government critics, opposition
    parties, NGOs, and human rights activists.
        Unlike in previous years, there were no reports that the Government
    used tear gas and chemically laced water cannons to break up rallies.
    On August 1, police arrested 25 people at a candlelight vigil in
    protest of the 50th anniversary of the Internal Security Act. Among
    those arrested were anti-ISA movement President Syed Ibrahim Syed Noh
    and PKR Supreme Council Member Badrul Hisham.
        On July 27, a sessions court sentenced two of the six Muslim
    protesters, who in August 2009 had desecrated a cow's head to protest
    the relocation of a Hindu temple to their area, to pay a RM3,000 ($967)
    fine or face three months' imprisonment after they plead guilty to
    sedition. One of the two men was also sentenced to an additional week
    in jail. The court granted a discharge not amounting to an acquittal to
    the four others. These six and six others had previously pled guilty to
    the charge of participating in an illegal assembly with the intention
    of causing public unrest and were ordered to pay a RM1,000 ($322) fine
    or face a month in jail.
        At year's end the cases of the nine persons arrested for
    participating in an assembly marking International Human Rights Day
    2007 were still pending.
        On November 20, the sessions court acquitted the 17 members of the
    Coalition for Clean and Fair Elections who were arrested in 2007 on the
    grounds that the prosecution failed to establish a prima facie case
    against them.

        Freedom of Association.--The constitution provides for the right of
    association; however, the Government placed significant restrictions on
    this right, and certain statutes limit it. Under the Societies Act,
    only registered organizations of seven or more persons may function as
    societies. The Government sometimes refused to register organizations
    or imposed conditions when allowing a society to register. The
    Government prohibited the Communist Party and its affiliated
    organizations from registering because they allegedly posed a national
    security threat. The Government has the power to revoke the
    registration of an existing society for violations of the act. Unlike
    in prior years, the Government did not use this power against political
    opposition groups.
        Some human rights and civic society organizations had difficulty
    obtaining government recognition as NGOs; as a result some NGOs were
    registered as companies, which presented legal and bureaucratic
    obstacles to raising money to support their activities. Some NGOs also
    reported that the Government monitored their activities.
        The Universities and University Colleges Act also restricts freedom
    of association. This act mandates university approval for student
    associations and prohibits student associations and faculty members
    from engaging in political activity (see section 2.a.). Many students,
    NGOs, and opposition political parties called for the repeal or
    amendment of the act. A number of ruling coalition organizations and
    politicians also supported reexamination of the act, but the Government
    maintained that the act still was necessary. In 2008 Parliament amended
    the act to allow students to be members of organizations outside the
    university.

        c. Freedom of Religion.--For a complete description of religious
    freedom, please see the 2010 International Religious Freedom Report at
    www.state.gov/g/drl/irf/rpt.

        d. Freedom of Movement, Internally Displaced Persons, Protection of
    Refugees, and Stateless Persons.--The constitution provides for freedom
    of movement within the country, foreign travel, emigration, and
    repatriation, and the Government generally respected these rights in
    practice, although there were some restrictions. The eastern states of
    Sabah and Sarawak controlled immigration and required citizens from
    peninsular Malaysia and foreigners to present passports or national
    identity cards for entry. The Government provided some cooperation to
    the UNHCR and generally did not impede other humanitarian organizations
    in providing protection and assistance to refugees, asylum seekers,
    stateless persons, and other persons of concern.
        By law anyone entering the country without appropriate
    documentation is considered illegal and faces mandatory imprisonment
    for a maximum of five years, a fine not to exceed RM10,000
    (approximately $3,200), or both, and mandatory caning not to exceed six
    strokes. In June 2009 the Government stated that it had sentenced
    47,914 migrants to be caned for immigration offenses since amendments
    to its Immigration Act came into force in 2002, and at least 34,923
    migrants had been caned between 2002 and 2008, according to the
    country's prison department records. In its 2010 publication, A Blow to
    Humanity--Torture by Caning in Malaysia, Amnesty International (AI)
    estimated that the Government canes as many as 10,000 prisoners a year.
        The Government regulated the internal movement of provisionally
    released ISA detainees. The Government also used the Restricted
    Residence Act to limit movements of those suspected of criminal
    activities.
        Citizens must apply for government permission to travel to Israel.
        The constitution provides that no citizen may be banished or
    excluded from the country. In 2008, however, Chin Peng, the former
    leader of the communist insurgency, lost his bid to return to Malaysia
    when the Court of Appeal upheld an earlier ruling compelling him to
    show identification papers proving his citizenship, forcing him to
    continue to live in exile in Thailand. In April 2009 the Federal Court
    upheld the Court of Appeal's decision.
        Dissident blogger Raja Petra Kamarudin was in self-exile in London;
    he has said he would return to the country to face sedition charges
    when he was assured he would not be detained under the ISA.

        Protection of Refugees.--The country is not a party to the 1951 UN
    Convention relating to the Status of Refugees and its 1967 Protocol,
    and its laws do not provide for the granting of asylum or refugee
    status. The Government has not established a system for providing
    protection to refugees. The Government did not grant refugee status or
    asylum. The Government did not provide legal protection against the
    expulsion or return of refugees to countries where their lives or
    freedom would be threatened on account of their race, religion,
    nationality, membership in a particular social group, or political
    opinion. At the same time, the Government generally cooperated with
    UNHCR and did not deport individuals registered as refugees by the
    UNHCR and being processed for resettlement to third countries.
        The Government generally did not distinguish between asylum seekers
    and illegal immigrants and detained them in the same immigration
    detention centers. Beginning in April 2009 the Government provided
    preferential treatment to those individuals carrying a UNHCR card.
    Reports of government deportation of some refugees and asylum seekers
    with UNHCR refugee cards effectively stopped as of July 2009.
        According to government officials, there were an estimated four
    million foreign nationals in the country, of whom nearly two million
    were illegal and undocumented. Of this latter group, the majority were
    from Indonesia. Additionally, 61,000 Filipino Muslims who fled the Moro
    insurgency in the 1970s were reportedly living in the country. Although
    they were not legally authorized to work, the Government typically did
    not enforce laws prohibiting registered refugees from working. On
    November 18, Home Ministry Secretary General Mahmood Adam said the
    Cabinet would decide in December if the Government would allow refugees
    to work in the country; however, no further developments were reported
    during the year.
        During the year the UNHCR registered 91,985 persons of concern in
    the country 18,378 of whom were children. The majority of illegal
    migrants worked in construction, restaurants, plantations, and garment
    factories, as well as in the sex industry.
        The Government provided access to health care for refugees with
    UNHCR cards at a discounted foreigner's rate; however, the costs
    generally were beyond their means. Mobile clinics run by NGOs existed,
    but access was limited.
        Refugees had no access to formal education, and although there were
    schools run by NGOs and ethnic communities, opportunities for schooling
    were limited by a lack of resources and qualified teachers.
        In previous years there were many allegations from NGOs,
    international organizations, and civil society groups that immigration
    officials were involved in the trafficking of Burmese refugees from
    IDCs to Thailand, where some refugees were sold into slavery. There
    were no such reports of trafficking during the year. NGOs and
    international organizations reported that since April 2009, allegations
    of abuse of power by RELA decreased. However, RELA continued to conduct
    raids targeting illegal migrant communities and detained refugees and
    asylum seekers along with allegedly illegal migrants. According to
    local NGOs and international organizations, IDCs allowed those with the
    UNHCR documents access to the UNHCR while in detention. Refugees with
    UNHCR cards occasionally were arrested during the raids but were
    released after the authorities were satisfied with the documents. Since
    April 2009 the authorities also provided UNHCR access to potential
    refugees without UNHCR registration cards as well as to all Burmese
    detainees in the IDCs to verify whether they were asylum seekers.
        Because the UNHCR did not maintain a presence at the country's
    border, most asylum seekers traveled to Kuala Lumpur for
    determinations; in 2009 and the early part of the year UNHCR conducted
    mobile registrations in areas with high concentrations of refugees.
    During the year the UNHCR listed 91,985 persons as asylum seekers and
    refugees, approximately 92 percent of whom were Burmese citizens with
    Chin and Rohingya being most numerous, and sizeable groups of Kachin,
    Karen, and Mon. UNHCR registered 9,539 refugees through its mobile
    registration from January to March.
        During the year the UNHCR submitted 12,648 refugees to third
    countries for resettlement consideration. Third countries accepted and
    resettled 7,955 refugees during the year.
        During the year UNHCR staff members conducted numerous visits to
    various prisons and IDCs located throughout the country to provide
    counseling and support to its persons of concern and ensure legal
    representation.
        NGOs reported that detention facilities were overcrowded,
    unsanitary, and lacked adequate medical facilities (see section 1.c.).

        Stateless Persons.--Citizenship is derived from one's parents. NGO
    estimates of the number of stateless persons ranged from several
    thousand to as many as 30,000. A foreign government estimated that
    approximately 10 to 20 percent of the 60,000 illegal immigrants and
    persons of concern living in Sabah were stateless children born in
    Sabah. Government officials denied stateless persons access to
    education, health care, and the right to own property.
        Some persons were stateless because the Government refused to
    register their birth due to inadequate proof of their parents'
    marriage. Interfaith marriages not recognized by the Government
    sometimes resulted in undocumented, de facto stateless children.
    Section 3. Respect for Political Rights: The Right of Citizens to
            Change Their Government
        The law provides citizens the right to change their government
    peacefully, and citizens formally exercised this right in practice
    through periodic elections based on universal suffrage; however, while
    votes generally were recorded accurately, there were some
    irregularities that affected the fairness of elections, and this right
    was abridged in practice.

        Elections and Political Participation.--Opposition parties were
    unable to compete on equal terms with the governing BN coalition, led
    by the ethnic-Malay UMNO party, which has held power at the national
    level since independence in 1957, because of restrictions on
    campaigning, freedom of assembly and association, and access to the
    media. Nevertheless, opposition candidates campaigned actively, and in
    the most recent national elections, held in 2008, the opposition
    parties captured 82 of 222 parliamentary seats and 198 of 505 state
    assembly seats, winning control of five out of 13 state governments,
    and capturing 49 percent of the popular vote nationwide. For the first
    time since 1969, the opposition's electoral success denied the ruling
    coalition a two-thirds majority in Parliament, blocking the
    Government's ability to amend the constitution at will. The opposition
    parties won eight of the 11 local by-elections since the March 2008
    general election.
        On December 16, Anwar Ibrahim and three other opposition
    parliamentarians were suspended from Parliament for six months. The
    cause given for Anwar's suspension was making misleading statements to
    Parliament when he linked the prime minister's 1Malaysia slogan to a
    One Israel concept. The three other parliamentarians were suspended for
    contempt occasioned by their opposition to Anwar's suspension.
        On April 25, BN candidate P. Kamalanathan defeated PKR candidate
    Zaid Ibrahim in the Hulu Selangor by-election. On May 24, Zaid Ibrahim
    petitioned the high court to invalidate the results. On August 5, the
    court dismissed the petition.
        On May 16, DAP candidate Wong Ho Leng defeated the BN candidate in
    the Sibu by-election in the East Malaysian State of Sarawak. In the
    pre-election period, DAP leaders filed official reports with the
    Election Commission claiming that the prime minister and other BN
    leaders had violated election laws by promising millions of dollars in
    development funds to the constituency. On May 20, the Election
    Commission dismissed the reports claiming it had no powers to
    investigate the allegation as the election laws only apply to
    allegations against the candidate or their agents. The Commission
    stated that the DAP should refer their reports to the Malaysian
    Anticorruption Commission (MACC).
        On February 9, a five-member panel of the Federal Court upheld the
    Court of Appeals' reversal of a high court decision and ruled that the
    sultan of Perak was empowered to dismiss the chief minister of the
    state. This concluded the contretemps begun in February 2009 in which
    the BN coalition regained control of Perak, one of the five states won
    by the opposition PR coalition, when three PR state legislative
    assembly members declared support for the BN and the sultan dismissed
    the opposition-controlled state government and appointed a BN state
    government.
        Political parties could not operate without restriction or outside
    interference. The lack of equal access to the media was one of the most
    serious problems for the opposition in the 2008 national elections and
    in the subsequent by-elections. Opposition leaders also claimed that
    the Election Commission was under government control and lacked the
    independence needed to carry out its duties impartially. There were
    numerous opposition complaints of irregularities by election officials
    during the campaign; however, most observers concluded that they did
    not substantially alter the results. NGOs and opposition party leaders
    lodged allegations of illegally registered ``phantom'' voters,
    reportedly brought in from other districts to vote in tightly contested
    districts; inflated voter rolls; nonregistered voters using fictitious
    names or the names of dead voters still listed on the voter rolls; and
    noncitizens registered to vote.
        The constitution states that parliamentary constituencies should
    have approximately equal numbers of eligible voters; however, in
    practice the numbers varied significantly. For example, the Putra Jaya
    constituency had 6,606 voters, while in Kuala Lumpur the Seputih
    constituency had 76,891 voters. In Perak, Gopeng had 74,344 voters
    compared with Lenggong, with only 23,223 voters. Each of these
    constituencies had one member of Parliament (MP).
        Over the years power increasingly has been concentrated in the
    prime minister, and Parliament's function as a deliberative body has
    deteriorated. Parliament rarely amended or rejected government-proposed
    legislation and did not give legislation proposed by the opposition
    serious consideration. Parliamentary procedures allow the speaker of
    parliament to suspend members, establish restrictions on tabling
    questions, edit written copies of members' speeches before delivery,
    and severely restrict members' opportunities to question and debate
    government policies. With the increased number of opposition MPs since
    2008, government officials often faced sharp questioning in Parliament,
    and the press reported in greater detail than in the past.
        Under the Local Government Act, elections of public officials were
    confined to state assemblies and the federal Parliament. The central
    government has appointed all local and city officials since the 1969
    race riots. Some politicians and NGO activists advocated the
    reintroduction of local government elections. Some ruling-party
    municipal officials noted that local bodies were simply ``rubber
    stamps'' for the Government.
        Women faced no legal limits on participation in government and
    politics. At year's end two of the 32 cabinet ministers were women.
    Women held 23 of the 222 seats in the lower house and 17 of the 68
    Senate seats.
        In practice the political dominance of the Malay majority meant
    that ethnic Malays held the most powerful senior leadership positions.
    Non-Malays filled 11 of the 29 ministerial posts and 23 of the 42
    deputy minister positions.
    Section 4. Official Corruption and Government Transparency
        The law provides criminal penalties for official corruption;
    however, the Government did not implement the law effectively, and
    officials often engaged in corrupt practices with impunity. The media
    reported numerous cases of alleged official corruption, and there was a
    broadly held perception of widespread corruption and cronyism within
    the governing coalition and in government institutions. The MACC is
    responsible for investigating and persecuting corruption by both
    private and public bodies.
        On July 8, the newspaper The Star reported that the MACC had
    arrested 194 people from January to May 31 involved in attempting to
    bribe public officials. MACC reportedly also arrested 140 public
    servants for accepting bribes.
        On December 15, the Whistleblower Protection Act 2010 came into
    effect. The act is designed to protect individuals who disclose
    information on corrupt practices in both the public and private
    sectors.
        Surveys by international NGOs identified the police as among the
    country's most corrupt government organizations. A 2009 Home Affairs
    Ministry survey noted that 70 percent of respondents had bribed police
    officers under duress. Reported police offenses included accepting
    bribes and theft.
        In May 2009 the Government declassified an independent audit on the
    Port Klang Free Zone (PKFZ) project that revealed that the construction
    cost had escalated from RM1.1 billion (approximately $314 million) in
    2001 to an estimated RM12.5 billion ($3.57 billion). Credible observers
    alleged that a revolving door of individuals in politics, government,
    and the private sector led to a lack of appropriate checks and balances
    and a general misuse of funds. In October 2009 the Government announced
    a special task force to determine misconduct or criminal behavior on
    the part of individuals or entities involved in the project and to
    recommend actions against them. In December 2009 government authorities
    arrested and charged the former general manager of the Port Klang
    Authority, Phang Oi Choo; the chief operating officer, Stephen Abok;
    and the architect, Bernard Tan Seng Swee. In December 2009 a fourth
    individual, Law Jenn Dong, an engineer, was also arrested and charged.
    On July 29, the Kajang Sessions Court charged the former transport
    minister and former Malaysian Chinese Association (a component party of
    the ruling BN) president, Ling Liong Sik, over his involvement in the
    PKFZ project. The case remained pending at year's end.
        Civil servants who refused or failed to declare their assets faced
    disciplinary actions and were ineligible for promotion.
        The Official Secrets Act prohibits the dissemination of classified
    information. The act encompassed documents concerning national
    security, defense, and international relations. However, critics
    accused the Government of using the act to prevent dissemination of
    materials and stifle dissent.
        There is no law designed to facilitate citizens' requests for
    government statistics or other information collected and compiled by
    the Government. Individual MPs were allowed to request and obtain such
    information on an ad hoc basis, some of which was then made available
    to the public.
        The November 2009 report of the UN Group of Experts on the
    Democratic Republic of the Congo (DRC) reported that the Malaysian
    Smelting Corporation, based in Malaysia, purchased natural resources,
    the proceeds of which may have directly or indirectly funded
    perpetrators of human rights abuses in the eastern DRC.
    Section 5. Governmental Attitude Regarding International and
            Nongovernmental Investigation of Alleged Violations of Human
            Rights
        A number of domestic and international human rights groups
    generally operated without government restriction, investigating and
    publishing their findings on human rights cases. In some cases
    government officials were somewhat cooperative and responsive to their
    views.
        In 2009 the Islamic women's NGO SIS criticized the sentencing of
    Kartika Shukarno--later pardoned--to caning for drinking alcohol in
    public (see section 1.c.). A number of conservative Islamic groups
    filed police reports against SIS for allegedly having insulted the
    Sharia system. Police took statements from SIS employees as part of an
    investigation into alleged violation of the penal code for causing
    disharmony, disunity, feelings of enmity, hatred, or ill will, or
    prejudicing the maintenance of harmony or unity, on grounds of
    religion. There were no further developments during the year (see
    section 6, Women).
        On June 16, AI released the report Abused and Abandoned: Refugees
    Denied Rights in Malaysia. Although the report was generally critical
    of the country's efforts to provide protections to refugees, it
    recognized the cooperation of the Government. The AI report noted that
    in July 2009, ``Amnesty International was given unprecedented and
    unfettered access to three immigration detention center facilities in
    and around the capital, Kuala Lumpur.'' Similarly, UNHCR and members of
    the diplomatic corps noted willingness by the Government to allow
    visits to IDCs and trafficking shelters.
        The Government cooperated with some international organizations
    during the year and provided increased cooperation to the UNHCR to
    resettle refugees in third countries.
        SUHAKAM was generally considered a credible monitor of some aspects
    of the human rights situation. However, SUHAKAM is not empowered to
    inquire into allegations relating to ongoing court cases and must cease
    its inquiry if an allegation under investigation becomes the subject of
    a court case.
        On June 7, the prime minister announced the appointment of Hasmy
    Agam as chairman of SUHAKAM, and he also appointed six new
    commissioners. On September 23, Agam announced that the Commission had
    proposed that the Government grant it powers to litigate human rights
    cases.
        SUHAKAM commissioners traveled throughout the country to educate
    community leaders, including police officials, on the importance of
    human rights. Commissioners also made several visits to prisons
    throughout the country to monitor conditions. They repeatedly noted the
    slow government response to their reports that touched on fundamental
    liberties.
    Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
        The constitution provides for equal protection under the law and
    prohibits discrimination against citizens based on sex, religion, race,
    descent, or place of birth. However, the constitution also provides for
    the ``special position'' of ethnic Malays and the indigenous groups of
    the eastern states of Sabah and Sarawak (collectively, bumiputera), and
    discrimination based on this provision persisted.

        Women.--The penal code states that rape is punishable by a prison
    term of up to 30 years, caning, and a fine. The Government enforced the
    law effectively. A 2007 amendment to the Penal Code criminalized
    marital rape. In August 2009 a sessions court in Pahang State sentenced
    a man to the maximum five years in jail, in what was believed to be the
    first successful prosecution of marital rape under the amended law.
        The courts may decide the minimum jail term for a man convicted of
    statutory rape of a girl age 15 years or less. The law also prohibits a
    person in authority from using his position to intimidate a subordinate
    into having sexual relations.
        Violence against women remained a problem. Reports of rape and
    spousal abuse drew considerable government, NGO, and press attention.
    Under the Domestic Violence Act, anyone who willfully contravenes a
    protection order by using violence against a protected person may be
    punished by imprisonment of up to one year and a maximum fine of
    RM2,000 ($633). In extreme cases involving ``grievous hurt'' inflicted
    using a deadly weapon, the maximum imprisonment increases to 20 years.
    Women's groups criticized the act as inadequate and called for
    amendments to strengthen it. In their view the act failed to protect
    women in immediate danger because it requires that separate reports of
    abuse be filed with both the Social Welfare Department and the police,
    causing delay in the issuance of a restraining order. Cases also
    require visible evidence of physical injury, despite its interpretation
    to include sexual and psychological abuse. On April 20, The Star
    reported the following rape statistics released by the home minister:
    In 2008 there were 3,409 police reports lodged by rape victims and
    3,626 in 2009. Of the cases reported in 2008, police arrested 2,261
    suspects and 184 of them were charged. Of the 3,626 cases reported in
    2009, 2,301 suspects were arrested and 162 of them were charged.
    According to a December report by the Home Ministry, 2,426 rape cases
    were reported from January to August, and 119 persons were charged.
        Many government hospitals had crisis centers where victims of rape
    and domestic abuse could make reports without going to a police
    station. NGOs and political parties also cooperated to provide
    counseling for rape victims, but cultural attitudes and a perceived
    lack of sympathy from the largely male police force resulted in many
    victims not reporting rapes. According to the Ministry of Women,
    Family, and Community Development (MWFCD) and a leading women's NGO,
    only 10 percent of rape cases were reported to police. Women's groups
    noted that courts were inconsistent in punishing rapists.
        Although the Government, NGOs, and political parties maintained
    shelters and offered other assistance to battered spouses, activists
    asserted that support mechanisms for victims of domestic violence
    remained inadequate. There was a sexual investigations unit at each
    police headquarters to help victims of sexual crimes and abuse. Women's
    rights activists claimed that police needed additional training in
    handling domestic abuse and rape cases.
        Some Sharia experts urged Muslim women to become more aware of the
    provisions of Sharia that prohibit spousal abuse and provide for
    divorce on grounds of physical cruelty. Provisions in state Sharia
    laws, however, generally prohibit wives from disobeying the ``lawful
    orders'' of their husbands and presented an obstacle to women pursuing
    claims against their husbands in Sharia courts. Muslim women were able
    to file complaints in civil courts.
        A government voluntary code of conduct provides a detailed
    definition of sexual harassment, which is meant to raise public
    awareness of the problem, but women's groups advocated passage of a
    separate law on sexual harassment. The Malaysian Employers Federation
    opposed any attempt to legislate against sexual harassment in the
    workplace, arguing that government-imposed policies would unduly
    restrict the management of labor relations. In December 2009 the Human
    Resources Ministry announced that there had been 276 reported cases of
    sexual harassment since 1999, of which 271 had been resolved. According
    to a December report by the Home Ministry, 1,441 sexual harassment
    cases were reported from January to August, with 73 brought to court.
        In an effort to reduce sexual harassment during travel, the
    Government introduced all-female public transportation services. In
    April Malaysian Railway established women-only cars on its trains, and
    in December the city of Kuala Lumpur launched a women-only bus service.
        Couples and individuals had the right to decide the number,
    spacing, and timing of their children. Contraceptives such as the
    birth-control pill and condoms were permitted and were locally
    available, although an expert from one domestic NGO estimated that only
    50 percent of women use contraceptives of any type. The great majority
    of births were attended by skilled medical personnel, and women
    generally had access to postpartum care. According to 2008 UN
    statistics, the maternal mortality rate was 31 per 100,000 live births.
    Women and men generally had equal access to diagnostic and treatment
    services for sexually transmitted infections, including HIV.
        Women's rights advocates asserted that women faced discriminatory
    treatment in Sharia courts due to prejudicial interpretations of
    Islamic family law.
        In August 2009 the NGO coalition Joint Action Group for Gender
    Equality (JAG) issued a press statement stating that the conviction of
    Kartika Shukarno for drinking alcohol illustrated discrimination
    against Muslim women in the country (see section 1.c.). SIS, a member
    group of JAG, faced apparent retaliation from conservative Islamic
    NGOs. In September 2009 JAG issued a press release condemning Kartika's
    sentence noting that it ``undermined the Government's efforts to
    project an image as a moderate Islamic country.'' In February it
    criticized the caning of three women for illicit sex. SIS urged the
    Government to review caning as a form of punishment under the Sharia
    Criminal Offences Act. It argued that certain Sharia laws contravene
    the provisions of the federal constitution that forbid discrimination
    based on gender. Conservative Islamic NGOs including the Selangor
    Islamic Council (MAIS) filed more than 50 police reports against SIS,
    accusing it of insulting the Sharia system, the king, and the
    constitution. A member of parliament called on the National Fatwa
    Council to investigate SIS. On March 12, the Friday mosque sermons
    issued by MAIS called on the public to take action against SIS and its
    officers. Police took statements from SIS employees as part of an
    investigation into alleged violation of the penal code for causing
    disharmony, disunity, feelings of enmity, hatred, or ill will, or
    prejudicing the maintenance of harmony or unity, on grounds of
    religion. There were no further developments during the year.
        The law allows polygyny, which a few Muslim men practiced. Islamic
    inheritance law generally favors male offspring and relatives. A small
    but steadily increasing number of women obtained divorces under the
    provisions of Sharia that allow for divorce without the husband's
    consent.
        Non-Muslim women are subject to civil law. The Guardianship of
    Women and Infants Act gives mothers equal parental rights. Four states
    extend the provisions of the act to Muslim mothers, and women's groups
    continued to urge the other states to do the same.
        The Government undertook a number of initiatives to promote
    equality for women and the full and equal participation of women in
    education and the work force. For example, the Women's Ministry
    developed programs and workshops to encourage women to enter the
    business community and operate small- and medium-sized enterprises. In
    August the Women's Ministry launched a Symposium on Women
    Entrepreneurship in 2010, which included a grant of RM4.7 million
    ($1.52 million) for 946 women entrepreneurs in the country.
        Women experienced some economic discrimination in access to
    employment. In December 2009 the human resource minister announced that
    there were 3.8 million women compared with 7.2 million men in the labor
    force. In May SUHAKAM reported that women continued to be discriminated
    against in the workplace in terms of promotion and salary. Only 20
    percent of officials at the decision-making level in government were
    women, a lower percentage than in the private sector. Women were
    routinely asked their marital status during job interviews. In 2008 the
    Kedah State government announced that women entertainers could perform
    only in front of all-female crowds. The JAG condemned the state
    government for infringing gender-equality rights protected by the
    constitution.

        Children.--Citizenship is derived from one's parents (see section
    2.d.). Parents must register a child within 14 days of birth. The
    authorities require citizens to provide their marriage certificate and
    both parents' Malaysian Government Multipurpose Card. Noncitizens must
    provide passport or travel documents. Parents applying for late
    registration must prove the child was born in the country. The
    authorities do not enter the father's information for a child born out
    of wedlock unless there is a joint application by the mother and the
    person claiming to be the father. The authorities do not register
    children born to illegal immigrants or asylum seekers. Asylum seekers
    who register a birth risk arrest as illegal immigrants. The UNHCR
    registered children born to refugees. Marriages between Muslims and non
    Muslims were officially void. Couples in such marriages had difficulty
    registering births that recognize the father due to the invalidity of
    the marriage. Children without birth certificates are stateless and
    denied entry into both public and private schools. Stateless children
    (like noncitizens) were required to pay higher medical fees, which
    caused hardship in many cases.
        Although primary education is compulsory, there was no enforcement
    mechanism governing school attendance.
        The Government recognized that sexual exploitation of children and,
    particularly in rural areas, incest were problems. The law provides for
    six to 20 years' imprisonment and caning for individuals convicted of
    incest. The testimony of children is accepted only if there is
    corroborating evidence. This posed special problems for molestation
    cases in which the child victim was the only witness.
        Female circumcision is reportedly a routine practice among Muslim
    Malays. In November 2009 local online news portal Malaysiakini reported
    that ``in Malaysia, female circumcision refers to the act of making a
    small scratch or using a sharp penknife to nick the prepuce of the
    vagina. It is usually performed on infants within a few months of
    birth, by medical doctors or midwives.''
        On December 4, 14-year-old Siti Maryam Mahmood married 23-year-old
    Adbul Manan Othman at a Kuala Lumpur mosque as part of a 250-couple
    mass wedding. The couple reportedly first married in July after
    permission by a Sharia court. On December 6, Women's Minister Shahrizat
    Abdul Jalil said the Government does not condone child marriages and
    vowed to look into the matter. However, on December 8, Law Minister
    Nazri Aziz said that Islam permits underage marriage and the Government
    had no plan to ban it or review the laws. Minister in Charge of Islamic
    Affairs Jamil Khir Baharom reportedly welcomed the marriage. The
    minimum age of marriage for males is 18; Muslim girls below the age of
    16 may marry with the approval of a Sharia court, but such marriages
    were uncommon. Reportedly two girls, ages 10 and 11, were married to
    older men in Kelantan State during the year.
        Statutory rape occurred and was prosecuted. According to the MWFCD,
    most victims were below 15 years of age. However, Islamic law
    provisions that consider a Muslim girl an adult after her first
    menstruation sometimes complicated prosecution of statutory rape. Such
    a girl may be charged with khalwat, an offense under Sharia, even if
    she is under the age of 18 and her partner is an adult. Sharia courts
    sometimes were more lenient with males charged with khalwat, although
    in many cases Muslim men were charged and punished for statutory rape
    under civil law.
        Child prostitution existed, but child prostitutes often were
    treated as delinquents or illegal immigrants rather than victims.
        Sabah had a problem of street children. Estimates ranged from a few
    hundred to 15,000 children born in the country to illegal immigrant
    parents, some of whom were deported. These children lacked citizenship
    and access to government-provided support and often resorted to menial
    labor, criminal activities, and prostitution to survive. Child
    trafficking remained a problem.
        The country is not a party to the 1980 Hague Convention on the
    Civil Aspects of International Child Abduction. For information on
    international parental child abduction, please see the Department of
    State's annual report on compliance at http://travel.state.gov/
    abduction/country/country--3781.html.

        Anti-Semitism.--No reliable estimate of the country's Jewish
    population was available, and there were no locally based Jewish
    communities or synagogues. There were no reports of anti-Semitic acts.

        Trafficking in Persons.--For information on trafficking in persons,
    please see the Department of State's annual Trafficking in Persons
    Report at www.state.gov/g/tip.

        Persons With Disabilities.--Neither the constitution nor other laws
    explicitly prohibit discrimination based on physical or mental
    disabilities, but the Government promoted public acceptance and
    integration of persons with disabilities.
        The Government did not discriminate against persons with
    disabilities in employment, education, access to health care, or in the
    provision of other state services. A public sector regulation reserves
    1 percent of all public-sector jobs for persons with disabilities. The
    Government did not mandate accessibility to transportation for persons
    with disabilities, and few older public facilities were adapted for
    such persons. New government buildings were generally outfitted with a
    full range of facilities for persons with disabilities.
        A code of practice serves as a guideline for all government
    agencies, employers, employee associations, employees, and others to
    place suitable persons with disabilities in private sector jobs.
        Special education schools existed but were not sufficient to meet
    the needs of the population with disabilities.
        The Government undertook initiatives to promote public acceptance
    of persons with disabilities, make public facilities more accessible to
    such persons, and increase budgetary allotments for programs aimed at
    aiding them. Recognizing that public transportation was not ``disabled-
    friendly,'' the Government maintained its 50 percent reduction of the
    excise duty on locally made cars and motorcycles adapted for persons
    with disabilities. The Ministry of Human Resources was responsible for
    safeguarding the rights of the disabled.
        The 2008 Persons with Disabilities Act recognizes the rights of
    persons with disabilities to enjoy the benefits of public transport,
    housing, education, employment, and health care. However, there is no
    penalty for those who do not comply with its provisions. For example,
    there are by-laws to compel new buildings to provide access for persons
    with disabilities but also loopholes that allow local authorities to
    exempt compliance. Critics called the act a ``toothless tiger.''

        National/Racial/Ethnic Minorities.--The law and government policy
    provide for extensive preferential programs designed to boost the
    economic position of ethnic Malays or bumiputera, who constitute a
    majority of the population. Such programs limited opportunities for
    non-bumiputera in higher education, government employment, business
    permits and licenses, and ownership of land. Businesses were subject to
    race-based requirements that limited employment and other economic
    opportunities for non-bumiputera citizens. According to the Government,
    these programs were necessary to ensure ethnic harmony and political
    stability.
        Despite the Government's stated goal of poverty alleviation, these
    race-based policies were not subject to upper income limitations and
    appeared to contribute to the widening economic disparity within the
    bumiputera community. Ethnic Indian citizens, who did not receive such
    privileges, remained among the country's poorest groups. Another goal
    of this policy is for bumiputera to hold 30 percent of the nation's
    wealth. According to several studies, the program reached or exceeded
    this target; however, official government figures placed bumiputera
    equity at 18.9 percent. The Government did not respond to public
    requests to make its methodology available.
        On March 30, the prime minister unveiled a New Economic Model, an
    economic policy reform agenda that called for, among other things, the
    restructuring of the country's system of bumiputera ethnic preferences
    to reduce unequal treatment of different ethnicities by the Government.
    The prime minister cited the reforms as a means to better target
    subsidies and preferences to the poorest citizens, regardless of
    ethnicity. Conservative bumiputera-rights groups raised strong
    objections to any changes that could threaten ethnic preference
    programs.
        In April 2009 Prime Minister Najib announced that the Government
    had lifted the 30 percent bumiputera equity requirement for 27 service
    subsectors including health, social, tourism, business, and computer
    services. Given the narrow scope of these subsectors, observers
    considered the announcement a minor adjustment to the entrenched pro-
    Malay economic policies.
        During the year the PAS, a part of the opposition coalition,
    endorsed the establishment of a PAS Supporters Congress, made up of
    non-Muslims, as an official wing of the party. The PAS constitution
    stipulates that only Muslims can become members; however,
    representatives of the Supporters Congress will be allowed to sit in
    the party's supreme council.

        Indigenous People.--Indigenous people (the descendants of the
    original inhabitants of the peninsular region of the country and the
    Borneo states, such as the Penan) generally enjoyed the same
    constitutional rights as the rest of the population. However, in
    practice federal laws pertaining to indigenous people of the peninsular
    region, known as the Orang Asli, vested considerable authority in the
    non-Orang Asli minister for rural development to protect, control, and
    otherwise decide issues concerning this group. As a result indigenous
    people in peninsular Malaysia had very little ability to participate in
    decisions that affected them. The Government did not effectively
    protect indigenous persons' civil and political rights.
        The Orang Asli, who numbered approximately 150,000, constituted the
    poorest group in the country. According to the 10th Economic Plan
    covering the years 2010-15, 50 percent of the 29,990 Orang Asli
    households were living below the poverty line. Of these, about 5,700
    households (19 percent) were considered to be ``hardcore poor.'' A
    local NGO that focused on Orang Asli rights estimated that these
    numbers underreported the numbers living in poverty because it
    considered only Orang Asli living in established villages--not those
    living deep in the rainforest. A government-sponsored national advisory
    council monitored the development of Orang Asli, but only five of the
    council's 17 members were Orang Asli. In addition, only one Orang Asli
    held a management position in the Government's Department of Orang Asli
    Affairs. Under its ninth economic plan covering the years 2006-10, the
    Government allocated slightly more than RM377 million (approximately
    $108 million) for development projects for the Orang Asli. These
    focused on improving health, preschool education, infrastructure, and
    economic activities. The plan included an additional RM100 million
    ($28.6 million) for development of lands inhabited by the Orang Asli
    and another RM20 million ($5.7 million) to curb inflationary pressures.
    The Department of Orang Asli Affairs reported that the dropout rate
    among primary school children had improved from 30 percent to 20
    percent since 2008. Moreover, the number of students who drop out
    between primary and secondary school declined from 50 percent to 30
    percent during the same timeframe. In 2008 approximately 600 Orang Asli
    students went on to college or university.
        Under the Aboriginal People's Act, Orang Asli were permitted to
    live on designated land as tenants at-will, but they did not possess
    land rights. Observers reported that over the years, the total area of
    land reserved for Orang Asli had decreased, and some land previously
    set aside as Orang Asli reserve was rezoned for development. Although
    the Orang Asli were given the authority to reside on the land, these
    rights were often undocumented. This led to confrontations between the
    Orang Asli and logging companies. While the Government continued
    development in these areas, the Orang Asli struggled for their land
    rights. In 2008 the Government announced it would grant land ownership
    rights of 125,000 acres of rural land currently belonging to state
    governments to 20,000 Orang Asli households.
        The uncertainty surrounding Orang Asli land ownership made them
    vulnerable to exploitation. Logging companies continued to encroach on
    land traditionally held by Orang Asli as well as indigenous groups in
    the Borneo states. Indigenous people in Sabah and Sarawak continued to
    protest encroachment by state and private logging and plantation
    companies onto land that they considered theirs under native customary
    rights.
        Laws allowing condemnation and purchase of land do not require more
    than perfunctory notifications in newspapers, to which indigenous
    persons may have no access. In past years this deprived some indigenous
    persons of their traditional lands with little or no legal recourse. In
    recent years court decisions recognizing native customary title in land
    have resulted in greater protections of the Orang Asli land rights. In
    2007 the Federal Court, the country's highest court, found that native
    customary titles are recognized in common law.
        The 2007 petition filed by the Semalai, an Orang Asli group, to the
    high court to review a Pahang State government-ordered eviction from an
    area the Semalai claimed as their traditional land remained pending at
    year's end. In 2007 a suit was filed against authorities who allegedly
    tore down an Orang Asli church in Gua Musang. In July 2009 the high
    court declared that the Orang Asli had the right to their land and to
    practice the religion of their choice under the Federal Constitution.
    The Government appealed the judgment, and the case remained pending at
    year's end.
        On March 17, an Orang Asli group staged a peaceful demonstration in
    Putrajaya to protest against a proposed amendment to the National Land
    Act. The Network of Orang Asli Villages founder, Tijah Yok Chopin, and
    the Persatuan Orang Asli Malaysia president, Majid Suhut, handed over a
    memorandum signed by 12,000 Orang Asli to Regional Development Minister
    Shafie Apdal, claiming that the amendment ignored the fundamental
    rights of the indigenous people. They also demanded that the Government
    recognize their rights to ancestral lands.
        In May members of the Temuan tribe won a 15-year court battle and
    were awarded RM6.5 million ($2.1 million) in a landmark settlement with
    highway authorities for forcibly taking their ancestral land for
    development. The Temuan community filed a suit after authorities
    forcibly acquired 38.5 acres of land in Selangor in 1995 to construct a
    highway to Kuala Lumpur International Airport without paying
    compensation. In 2002 the high court ruled that the Orang Asli enjoyed
    native title rights and should be compensated. The Selangor State
    government appealed the decision in 2005. In May the state government
    withdrew the appeal after the opposition coalition took over Selangor.
        On April 4, Minister of Rural and Regional Development Mohd Shafie
    Apdal announced the allocation of RM570 million (approximately $182
    million) for Orang Asli development and stated the Government never
    neglected the Orang Asli community in implementing infrastructure and
    economic development projects. Shafie said that 61 percent of the Orang
    Asli settlements (534 villages) had basic amenities such as 24-hour
    electricity supply, clean water supply, and land development projects
    that enabled them to earn regular income.
        On September 22, the Kuala Lumpur High Court awarded damages to the
    Orang Asli tribes in Johor, ruling that government authorities had
    trespassed on their land, unlawfully demolished their Christian chapel,
    and failed to honor a 2001 pledge to list the site as customary native
    land. Authorities had torn down the church in 2005 alleging that it was
    built on state land.
        The Penan, an indigenous community of Sarawak, used native
    customary rights to establish land ownership and stewardship. Each
    group of Penan maintained its own foraging area, which was passed down
    from one generation to another. Customary native lands were not always
    well demarcated. Indigenous rights groups alleged that Abdul Taib
    Mahmud, the chief minister of Sarawak, leased Penan and other
    indigenous groups' customary land to logging companies and land
    developers in exchange for political favors and money. Local observers
    claimed that logging companies harassed and sometimes threatened vocal
    Penan leaders and land-rights activists. The Sarawak Penan Association
    continued urging the state government to delineate the Penan's native
    customary land boundaries, revoke timber licenses that overlapped their
    land, stop issuing provisional leases for plantations, and halt all
    logging and plantation development activities on their land. The Penan
    tribe was among the poorest groups in the country and lived below the
    poverty line.
        In August 2009 hundreds of Penan armed with spears and blowpipes
    set up blockades in the Borneo interior to protest against logging and
    plantations on their ancestral land. In September 2009 the police tore
    down the blockades and subsequently denied using any force in the
    removal of the blockades. The Sarawak state government agreed to
    several of the Penan's demands in an effort to end the protests and
    blockades against logging operations. The state government recognized
    the economic grievances of the Penan and pledged to provide farming
    land, water, electricity, schools and medical facilities to those Penan
    who had settled into villages, and to build houses for nomadic Penan
    who wished to settle. The state also agreed to provide training,
    financial and technical aid for Penan who wished to engage in rubber or
    orchard farming, and to accelerate the birth certificate and identity-
    card issuance rate for Penan.
        A credible international NGO reported that workers from two logging
    companies, including one owned by the chief minister's family,
    regularly sexually abused Penan women and girls, resulting in several
    pregnancies. In September 2009 Minister of Women, Family, and Community
    Development Shahrizat Jalil confirmed that Penan girls had been raped
    and molested by timber company workers. The minister announced that the
    timber company was identified and police would take further action.
    Subsequently, Deputy Commissioner of Police for Sarawak Hamza Taib said
    no further action would be taken on three of the cases due to lack of
    evidence, while the fourth was still pending as police had yet to
    identify the victim or witnesses. On July 13, the women's minister
    visited the Penan community and urged the police to take these cases
    seriously.

        Societal Abuses, Discrimination, and Acts of Violence Based on
    Sexual Orientation and Gender Identity.--Although there are no laws
    that prohibit homosexual conduct, laws against sodomy and ``carnal
    intercourse against the order of nature'' exist and were enforced
    sporadically. Religious and cultural taboos against homosexual conduct
    were widespread. For example, during the year a Health Ministry
    official stated that homosexual activity and masturbation helped to
    spread the H1N1 infection.
        On December 21, a 32-year-old Muslim man acknowledged being gay in
    a video posted on the YouTube Web site. In the video, entitled ``I'm
    Gay, I'm OK,'' the individual encouraged other gay persons to be
    confident in themselves. In six days, the video was viewed more than
    140,000 times. The man received online death threats as a result of the
    video and stated that he feared for his life. Perak Mufti Harussani
    Zakaria condemned the video and said that the individual had ``derided
    his own dignity and Islam in general.''

        Other Societal Violence or Discrimination.--The Government's
    response to HIV/AIDS was generally nondiscriminatory, although
    stigmatization of AIDS sufferers was common. In 2008 the deputy prime
    minister announced that the premarital courses required for Muslims by
    the Federal Religious Council would include mandatory HIV screening.
    Non-Muslims were encouraged to participate but it was not compulsory.
    He attributed the need for this screening to the rising rate of HIV
    infection among women. According to the health minister, there were
    approximately 3,100 new cases during the year.
    Section 7. Worker Rights

        a. The Right of Association.--By law most workers have the right to
    form and join trade unions, but the Trade Unions Act (TUA) and the
    Industrial Relations Act (IRA) restrict this right. Other laws also may
    restrict freedom of association. For example, the penal code requires
    police permission for public gatherings of more than five persons.
    Trade unions represented 8.9 percent of the labor force with a total
    membership of 803,405 as of October, a decrease from 805,654 in 2009.
    In December the Department of Statistics reported the working-age
    population of individuals ages 15 to 64 years old was 11,569,400. As of
    October there were 693 trade union organizations: 319 unions
    represented the services industry; 57 represented the agriculture,
    forestry and fishery industries; and 170 represented production
    industries.
        Those restricted by law from joining a union include public sector
    workers categorized as ``confidential, managerial, and executive,'' as
    well as defense and police officials. However, the 2007 amendments to
    the IRA made it more difficult for workers to form unions because the
    director general of trade unions and the minister of human resources
    also have absolute authority to determine designations of workers'
    status as ``confidential,'' ``managerial,'' or ``executive,'' leading
    to possible systemic abuse by employers. In theory foreign workers can
    join a trade union; however, the Immigration Department barred foreign
    workers from holding trade union offices, and most foreign workers'
    contracts banned them from joining a trade union.
        The TUA prohibits interfering with, restraining, or coercing a
    worker in the exercise of the right to form trade unions or
    participation in lawful trade union activities. However, the act
    restricts a union to representing workers in a ``particular
    establishment, trade, occupation, or industry or within any similar
    trades, occupations, or industries.'' In addition the director general
    of trade unions has broad discretion to refuse to register a trade
    union and to withdraw the registration of an existing trade union based
    on provisions outlined in the act without being subject to judicial
    review. When registration is refused, withdrawn, or canceled, a trade
    union is considered an unlawful association; there were no reports of
    any such actions during the year.
        Malaysian Trade Union Congress (MTUC) officials continued to
    express frustration about delays in the settlement of union recognition
    disputes. While the IRA requires that an employer respond to a union's
    request for recognition within 21 days of application, it was common
    for such applications to be refused and unions to go unrecognized for
    one to four years. If an employer does not respond to the union
    application within 21 days, the union must submit a written appeal to
    the director general of trade unions within 14 days. If the union fails
    to submit the appeal within the stipulated period, the union
    automatically is not recognized. The act denies the right of unions and
    individuals to hold strikes protesting the lack of recognition of their
    union.
        Trade unions from different industries, except for those in the
    electronics sector, may join in national congresses, but such
    congresses must register separately as societies under the Societies
    Act.
        In the past, government policy inhibited the formation of national
    unions in the electronics sector, the country's largest industry,
    because it has ``pioneer status,'' which affords certain investment
    incentives. The Government's rationale was that establishment of
    national unions in the electronics sector would impede foreign direct
    investment and negatively affect the country's international
    competitiveness in the sector; government leaders stated that
    enterprise-level unions were more appropriate for the electronics
    industry. However, in May 2009, the Cabinet approved formation of
    regional industrial unions for the electronics industry in peninsular
    Malaysia.
        Unions maintained independence from both the Government and
    political parties, but individual union members may belong to political
    parties. Although by law union officers may not hold principal offices
    in political parties, individual trade union leaders have served in
    Parliament. Trade unions were free to associate with national labor
    congresses, which exercised many of the responsibilities of national
    labor unions, although they cannot bargain on behalf of local unions.
        Trade unions were permitted to affiliate with international trade
    union organizations, such as global union federations and the
    International Trade Union Confederation, subject to the approval of the
    director general of trade unions.
        Although private-sector strikes are legal, the right to strike is
    severely restricted. Strikes or lockouts are prohibited while a dispute
    is before the industrial court. The law contains a list of ``essential
    services'' in which unions must give advance notice of any industrial
    action. The IRA lists various types of employment under essential
    services, including: banking services; electricity services; fire
    services; port, dock, harbor, and airport services; postal services;
    prison services; production, refining, storage, supply, and
    distribution of fuel and lubricants; public health services, radio
    communication services; telegraph, telephone, and telecommunication
    services; transport services; water services; any service provided by
    any of the following departments of government--chemistry, civil
    aviation, customs and excise, immigration, marine, meteorology, and
    printing; and services that are connected with, or related to, or which
    assist towards the maintenance and functioning of the armed forces and
    the RMP. The list includes sectors not normally deemed essential under
    International Labor Organization definitions. MTUC officials said that
    requirements imposed by the authorities were so stringent that it was
    almost impossible to strike. According to MTUC officials, there were no
    strikes during the year.
        The IRA requires the parties to notify the Ministry of Human
    Resources that a dispute exists before any industrial action may be
    taken. The ministry's Industrial Relations Department may then become
    involved actively in conciliation efforts. If conciliation fails to
    achieve settlement, the minister has the power to refer the dispute to
    the industrial court. The IRA prohibits employers from taking
    retribution against a worker for participating in the lawful activities
    of a trade union. However, in many cases, these provisions were not
    effectively enforced. The IRA limits worker compensation for wrongful
    termination to a maximum of two years from the time the employee was
    laid off.

        b. The Right to Organize and Bargain Collectively.--Workers, in the
    private sector, have the legal right to organize and bargain
    collectively, and collective bargaining was widespread in those sectors
    where labor was organized. Employees in the public sector, however, do
    not enjoy such a right.
        There are two national labor organizations. The MTUC is a society
    of trade unions in both the private and government sectors and is
    registered under the Societies Act. As such, the MTUC does not have
    collective bargaining or industrial action rights but provides
    technical support for affiliated members. The other national
    organization is the Congress of Unions of Employees in the Public and
    Civil Services (CUEPACS), a federation of public employee unions
    registered under the TUA.
        CUEPACS included 127 distinct civil servant unions with
    approximately 300,000 members out of one million civil servants,
    represented by an estimated 160 unions. Teacher unions accounted for
    140,000 of CUEPACS' 300,000 members. CUEPACS held talks with the
    Government through three national joint councils (NJCs) that represent
    three types of workers: managerial and professional, scientific and
    technological, and general (all other types of workers, such as
    clerical and support staff). The Government established the NJC system
    to have NJCs serve as aggregating, intermediary negotiating bodies
    between the Government and the various unions served by CUEPACS. NJC
    members are elected from constituent unions. While an individual civil-
    service union may approach the Government directly on narrow issues
    that affect only that particular union or its members, broader issues
    that affect the entire civil service flow up to CUEPACS and then to one
    of the NJCs, depending on the type of civil servants involved.
        CUEPACS sought a minimum wage for civil servants; however, by
    year's end, despite government assertions that it was considering
    establishing a minimum wage, there was no minimum wage for public or
    private sector workers.
        The Government limited collective bargaining agreements in
    companies designated as having pioneer status. The MTUC continued to
    object to legal restrictions on collective bargaining in pioneer
    industries.
        Charges of discrimination against employees engaged in organizing
    union activities may be filed with the Ministry of Human Resources or
    the industrial court. The industrial court was slow to adjudicate
    worker complaints when conciliation efforts by the Ministry of Human
    Resources failed.
        The Government holds that issues of transfer, dismissal, and
    reinstatement are internal management prerogatives; therefore, they are
    excluded from collective bargaining.
        There are no special laws or exemptions from regular labor laws in
    export processing zones. Although the electronics sector's pioneer
    status inhibits organizing, many companies had ``in-house unions'' seen
    as a preferable alternative by management, which did not allow workers
    in this sector to affiliate with national union umbrella bodies.

        c. Prohibition of Forced or Compulsory Labor.--The constitution
    prohibits forced or compulsory labor; however, there were reports that
    such practices occurred. Although the Malaysian Passport Act
    criminalizes possession of someone else's passport ``without legal
    authority,'' the existence of memorandums of understanding (MOUs) that
    allow for employer retention of employee passports appear to provide
    sufficient legal authority to satisfy this exception in the passport
    law. The law therefore does not effectively prevent employers from
    holding employees' passports, and it was common practice for employers
    to do so thereby making employees more vulnerable to human trafficking
    and forced labor. This practice effectively made some foreign workers
    captives of the hiring company. Recruiting agents required fees that
    sometimes made foreign workers vulnerable to debt bondage. Some
    companies used debt bondage to force some foreign workers to accept
    harsh working conditions, threatening imprisonment and deportation.
    Indebted to their employers due to excessively high recruitment fees
    and without their passports, workers were effectively forced to work
    long hours, accept lower wages than promised, allow wage deductions,
    and live in poor housing. Forced labor conditions reportedly occurred
    in some palm oil and rubber plantations, factories manufacturing
    computer components, garment production, restaurants, and in domestic
    households.
        Labor activists and human rights NGOs reported that debt bondage
    was practiced in some plantations, where whole families of ethnic
    Indians and migrant workers were placed into forced labor conditions.
        Some of the estimated 300,000 foreign women employed as household
    workers were subjected to physical abuse and forced to work under harsh
    conditions, and some child household employees worked in conditions
    amounting to forced labor. A number of domestic workers were not paid
    or were paid below the agreed salary. Several of the abused women
    reported their employers beat them, forced them to sleep on kitchen
    floors, and fed them only the scraps from a meal.
        Although Malaysia and Indonesia concluded a MOU in 2006 that, among
    other things, called for domestic workers to be paid directly, receive
    compensation for personal injury, and be given time off in lieu of
    overtime, it remained a common practice for employers to deposit wages
    with recruiting agencies as repayment for debts. In 2009 the two
    countries began negotiating a new MOU that would address minimum
    salaries, provide domestic workers with one day off per week, and
    remove language allowing employers to confiscate worker passports. On
    May 18, the countries recommitted to the process by signing a letter of
    intent to amend the MOU, but at year's end, a new agreement was not
    reached due to disagreements over which country would be responsible
    for costs associated with travel, agents, and other related fees.
        On September 19, police arrested a couple in Penang for allegedly
    abusing their Indonesian maid. Win Faidaa, a 26-year-old woman from
    East Java, claimed she was raped by her employer and beaten by her
    employer's wife if she refused the husband's sexual advances. She
    claimed the couple beat her with a belt, splashed her with hot water,
    and burnt her with an iron. On September 22, local news service Bernama
    reported that Indonesia's Labor and Transmigration Minister Muhaimin
    Iskandar announced that prospective maids from Indonesia would be
    banned from leaving for Malaysia until the Indonesian government could
    ensure their safety; however, many continued to arrive unofficially.
        In June 2009 a court charged Hau Yuan Tyung with three counts of
    abusing her Indonesian maid, Siti Hajar. Tyung allegedly scalded Siti
    Hajar with boiling water as well as tortured and starved her. On May
    20, a sessions court in Kuala Lumpur found Hau guilty and sentenced her
    to eight years in jail for causing grievous harm to Siti Hajar. The
    judge also ordered Hau to pay RM5,000 ($1,600) in compensation to Siti
    Hajar. Tyung appealed her conviction. The Kuala Lumpur High Court
    scheduled January 25, 2011 to deliver its decision.
        In September 2009 the Indonesian ambassador announced that the
    embassy would only renew passports of domestic workers if employers
    agree to pay a minimum monthly salary of RM500 ($145).
        In October 2009 Mantik Hani, 26, an Indonesian woman working as a
    maid in Selangor died from injuries sustained allegedly at the hands of
    her employer, A. Murugan. Police found Hani in a locked bathroom in
    Murugan's house. Her arms and legs were bound, she had bruises all over
    her body, a broken back and wrist, and a serious wound to her right leg
    that exposed bone. She appeared to have been locked in the bathroom for
    two days without food. Police arrested and charged Murugan with murder.
    In November 2009 he pled not guilty to the charges. On July 20, the
    high court in Kuala Lumpur convicted him of murder and sentenced him to
    death by hanging. Murugan's appeal of his conviction remained pending
    at year's end.
        Also see the Department of State's annual Trafficking in Persons
    Report at www.state.gov/g/tip.

        d. Prohibition of Child Labor and Minimum Age for Employment.--The
    law prohibits the employment of children younger than age 14 but
    permits some exceptions, such as light work in a family enterprise,
    work in public entertainment, work performed for the Government in a
    school or in training institutions, or work as an approved apprentice.
    In no case may a child work more than six hours per day, more than six
    days per week, or at night.
        Most child laborers worked informally in palm-oil plantations and
    the agricultural sector, helping their parents in the field; however,
    only adult members of the family received a wage. Child labor in urban
    areas often was found in family food businesses, night markets, and
    small-scale industries. Government officials did not deny the existence
    of child labor in family businesses but maintained that foreign workers
    had largely replaced child labor and that child labor provisions were
    vigorously enforced.

        e. Acceptable Conditions of Work.--No national minimum wage
    provision was in effect. Prevailing market wages generally provided a
    decent standard of living for citizens, although not for all migrant
    workers. Wage councils, established by a 1947 act to provide a
    recommended minimum wage for sectors in which the market wage was
    deemed insufficient, had little impact on wages in any sector.
    According to MTUC officials, the wage councils had not met since 1996,
    and their recommended wages have long been obsolete.
        Plantation workers generally received production-related payments
    or daily wages. Under a 2003 agreement, plantation workers received a
    minimum wage of RM350 (approximately $115) per month. Proponents of the
    agreement said that productivity incentives and bonuses raised the
    prevailing wage to RM700 ($229).
        Under the Employment Act, working hours may not exceed eight hours
    per day or 48 hours per workweek of six days. Each workweek must
    include a 24-hour rest period. The act also sets overtime rates and
    mandates public holidays, annual leave, sick leave, and maternity
    allowances. The Labor Department of the Ministry of Human Resources is
    responsible for enforcing the standards, but a shortage of inspectors
    precluded strict enforcement.
        Foreign migrant laborers, legal and illegal, often worked under
    difficult conditions, performed hazardous duties, had their pay
    withheld by employers, and had no meaningful access to legal counsel in
    cases of contract violations and abuse. The following was typical
    example of exploitation and abuses of foreign migrant workers: a labor-
    outsourcing company recruited foreign workers to work at a foreign-
    owned electronics plants in the country. Each worker paid approximately
    RM5,000 (approximately $1,600) and signed a contract guaranteeing work
    for an extensive period of time (typically over 24 months) at a salary
    of RM800 ($255) per month. Their passports were confiscated and they
    were taken to a dormitory near the plant. They worked at a plant for
    about one-third of the contractual period, earning the agreed upon
    salary. However, when work at the plant slowed, several workers were
    returned to the outsourcing company, which then sent them to work
    elsewhere, e.g. in restaurants, a glove factory, a poultry farm, a
    frozen fruit plant--all in contradiction to their contracts. During
    this time the employers withheld their pay.
        Foreign workers, particularly if they were illegal aliens,
    generally did not have access to the system of labor adjudication.
    However, the Government investigated complaints of abuses, attempted to
    inform workers of their rights, encouraged workers to come forward with
    their complaints, and warned employers to end abuses. Like other
    employers, labor contractors may be prosecuted for violating the law.
    According to the results of a survey conducted during the year by the
    Federation of Malaysian Manufacturers, the average monthly wage of
    foreign workers engaged in the manufacturing sector was RM581
    (approximately $185). Migrant workers may bring employment disputes to
    industrial court. However, this mechanism was seldom used. It is time
    consuming and, once their work visa terminated, migrants require
    ``special passes'' to stay in the country. These passes are valid for
    one month and cost RM100 ($32) to renew. Renewal is subject to the
    discretion of the director general of immigration. Migrants holding
    special passes were not allowed to work.
        The Workmen's Compensation Act covers both local and foreign
    workers but provides no protection for foreign household workers.
    According to the Government, foreign household workers are protected
    under the Employment Act with regard to wages and contract termination.
    However, these workers are excluded from provisions of the act that
    would otherwise ensure that they received one rest day per week, an
    eight-hour workday, and a 48-hour workweek.
        Employers sometimes failed to honor the terms of employment and
    abused their household workers. Household workers must be ages 25 to 45
    for admission into the country, according to Immigration Department
    officials. They were not allowed to bring family members into the
    country while employed. The terms of the contract for Indonesian
    domestic workers, who made up approximately 90 percent of all foreign
    household workers, were often vague and open to abuse. The typical
    contract provided for a monthly salary of RM450 to 600 ($143 to 191)
    but did not specify the number of working hours per day. NGOs reported
    that many Indonesian household workers were required to work 14 to 18
    hours a day, seven days a week. The contract for Filipina household
    workers included more comprehensive protections, but both groups
    suffered from a lack of education concerning their legal rights.
        Some workers alleged that their employers subjected them to inhuman
    living conditions, withheld their salaries, confiscated their travel
    documents, and physically assaulted them.
        Workers have the right to take legal action against abusive
    employers. According to NGOs the courts generally sided with employees
    and ruled that employers must pay all back salary and compensate
    plaintiffs for injuries, but long delays in court proceedings and
    rulings often precluded aggrieved foreign workers from seeking redress
    through the court system.
        Mechanisms for monitoring workplace conditions were inadequate.
    Private, for-profit labor agencies, themselves often guilty of abuses,
    were often responsible for the resolution of abuse cases. Bilateral
    labor agreements with Indonesia do not provide adequate protections for
    household workers.
        The Occupational Safety and Health Act covers all sectors of the
    economy except the maritime sector and the armed forces. The act
    established a national Occupational Safety and Health Council, composed
    of workers, employers, and government representatives, to set policy
    and coordinate occupational safety and health measures. It requires
    employers to identify risks and take precautions, including providing
    safety training to workers, and compels companies that have more than
    40 workers to establish joint management-employee safety committees.
    The act requires workers to use safety equipment and cooperate with
    employers to create a safe, healthy workplace. Employers or employees
    who violate the act are subject to substantial fines or imprisonment
    for up to five years, although the MTUC complained that some employers
    flouted the rules with impunity. There are no specific statutory or
    regulatory provisions that provide a right for workers to remove
    themselves from dangerous workplace conditions without arbitrary
    dismissal.
        On March 22, six Filipino workers died after inhaling carbon
    monoxide gas while cleaning a tank at a water treatment plant in Kota
    Kinabalu, Sabah. The incident occurred when two of the workers entered
    the filtering tank and switched on a pump to remove the remaining water
    inside. When they failed to emerge four hours later, four of their
    colleagues went to check on them and discovered them unconscious inside
    the tank. The four workers then went one-by-one into the tank to rescue
    them but were overcome by the gas and died.
        On August 16, Karna Bahabar Gharti Magar, a Nepalese worker, died
    inside JCY SDB BHD Company, a producer of computer parts in Johor Baru.
    It was alleged that he fell ill and requested treatment that was
    initially denied by company. In response to his death, 5,000 foreign
    workers protested for three days until employers and outsourcing
    companies agreed to provide compensation of RM10,000 ($3,225) to
    Gharti's family. The company also agreed to provide a minimum salary of
    RM546 ($175) per month along with an ambulance service for emergency
    cases and prompt treatment for all workers at a clinic on the factory
    premises. The Ministry of Human Resources was reportedly investigating
    the circumstances of Gharti's death.

                                   __________

                                MARSHALL ISLANDS

        The Republic of the Marshall Islands is a constitutional republic
    with a population of approximately 52,000. In 2007 voters elected the
    Nitijela (parliament) in generally free and fair multiparty elections.
    In October 2009 a vote of no confidence in the Nitijela removed Litokwa
    Tomeing from presidential power, and the Nitijela elected its speaker,
    Jurelang Zedkaia, as president. Security forces reported to civilian
    authorities.
        Human rights problems during the year included poor prison
    conditions, government corruption, violence against women, child abuse,
    and lack of worker protections.
                            respect for human rights
    Section 1. Respect for the Integrity of the Person, Including Freedom
            From:

        a. Arbitrary or Unlawful Deprivation of Life.--There were no
    reports that the Government or its agents committed arbitrary or
    unlawful killings.

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

        c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
    Punishment.--The constitution prohibits such practices; however, in
    August, after a police officer was injured during a fight among
    prisoners at the Majuro prison, police chained four prisoners to the
    outdoor staircase of the firehouse next to the police station for five
    days. The prisoners were forced to wear clothing normally worn by
    firefighters. They were obliged to sleep on the stairs and were
    released only to use the bathroom facilities. Police released the
    prisoners from the staircase after the attorney general ordered them to
    do so. At year's end no disciplinary action had been taken against the
    officers involved.

        Prison and Detention Center Conditions.--Prison conditions did not
    meet international standards. Lighting, ventilation, and sanitation
    were inadequate, and there was no program to ensure regular access to
    outside activity. Security was poor.
        During the year police authorities on Ebeye Island concluded their
    investigation into the 2007 death of a prisoner at a temporary holding
    facility on the island. The authorities concluded that police were not
    at fault in the death. However, the case continued to be controversial,
    as some citizens expressed concern that the investigation was allegedly
    carried out by the same officers involved in the original arrest of the
    deceased for public drunkenness.
        According to a Ministry of Justice official, as of December the
    country's only national prison, on Majuro Atoll, held 43 inmates--all
    male adults. Of these, 39 were convicted prisoners, and four were
    awaiting trial.
        There were no specialized prison facilities for female prisoners,
    including juveniles; they generally were held under house arrest,
    although some female offenders were held temporarily in a separate
    police substation until released to house arrest. Some male juveniles
    were held temporarily with the general prison population until released
    to their parents. Pretrial detainees were not separated from the
    general prison population.
        Prisoners had reasonable access to visitors and were permitted
    religious observance. They were permitted to submit complaints about
    their treatment without censorship and request investigation of
    credible allegations of inhumane conditions. The Office of the Attorney
    General investigated the only reported case of abuse during the year
    and an official response was published in the only national newspaper.
        The Government permits prison visits by independent human rights
    observers, but there were no requests for such visits during the year.
        The country does not have an ombudsman; however, the public
    defender has authority to serve on behalf of prisoners and detainees
    and advocates for their appropriate and timely release. Due to the
    small size of the country and the small prison population, inmates
    generally were known to the courts, and judges regularly reviewed
    pending cases.
        During the year work began on renovations to the Majuro prison. In
    2009 prisoners had destroyed newly renovated space at the facility.
    Improvements during the year increased the security of the ceiling and
    strengthened the walls of the prison but did not improve the sanitary
    facilities.

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

        Role of the Police and Security Apparatus.--Civilian authorities
    maintained effective control over the police force, and the Government
    has effective mechanisms to investigate and punish abuse and
    corruption. There was one report of impunity involving police during
    the year concerning a deliberate delay in the response to a domestic
    violence case, which ended with the woman being stabbed to death
    allegedly by her husband. No disciplinary action was taken against the
    officers involved.

        Arrest Procedures and Treatment While in Detention.--Under the
    constitution a warrant issued by a court is required for an arrest if
    there is adequate time to obtain one. The courts have interpreted this
    to exempt situations such as a breach of the peace or a felony in
    progress. The law provides detainees the right to a prompt judicial
    determination regarding the legality of the detention. Authorities
    generally respected this right and informed detainees promptly of the
    charges against them. There was a functioning system of bail, and
    detainees may request bond immediately upon arrest for minor offenses.
    Most serious offenses require the detainee to remain in jail until a
    hearing can be arranged, normally the morning after arrest. Detainees
    were allowed access to a lawyer of their choice and, if indigent, to
    one provided by the state. Families had access to detainees.

        e. Denial of Fair Public Trial.--The constitution provides for an
    independent judiciary, and the Government generally respected judicial
    independence in practice, although there were reports of government
    officials using their positions to protect family members from
    prosecution for alleged wrongdoing. Two senior government officials
    convicted of drunk driving and hitting pedestrians with their cars
    received only home detention for 60 days, rather than the prison
    sentences normally imposed for such offenses. Multiple reports alleged
    that many crimes reported to police were not investigated or
    prosecuted.

        Trial Procedures.--The constitution provides for the right to a
    fair trial, and an independent judiciary generally enforced this right.
        Defendants may choose either a bench trial or a four-member jury
    trial. Defendants normally opted for jury trials, which had a higher
    rate of acquittals. Defendants enjoy a presumption of innocence and
    have the right to counsel. An attorney is provided at public expense
    for indigent defendants facing serious criminal charges. Defendants may
    question witnesses, examine government-held evidence, and appeal
    convictions. The constitution extends these rights to all citizens.
    Noncitizen defendants also enjoy these rights, except that the services
    of the public defender are provided only to citizens.

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

        Civil Judicial Procedures and Remedies.--There is no separate
    judiciary in civil matters, but there are administrative remedies for
    alleged wrongs, including human rights abuses, as well as judicial
    remedies within the general court system.

        f. Arbitrary Interference With Privacy, Family, Home, or
    Correspondence.--The constitution prohibits such actions, and the
    Government generally respected these prohibitions in practice.
    Section 2. Respect for Civil Liberties, Including:

        a. Freedom of Speech and Press.--The constitution provides for
    freedom of speech and of the press, and the Government generally
    respected these rights in practice. An independent press, an effective
    judiciary, and a functioning democratic political system combined to
    ensure freedom of speech and of the press.

        Internet Freedom.--There were no government restrictions on access
    to the Internet or reports that the Government monitored e-mail or
    Internet chat rooms. Individuals and groups could engage in the
    expression of views via the Internet, including by e-mail. For most
    citizens, however, Internet access was limited by small bandwidth, slow
    connections, and high prices. The International Telecommunication Union
    reported that approximately 3 percent of the country's inhabitants used
    the Internet in 2009.

        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.--For a complete description of religious
    freedom, please see the 2010 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 need did not arise during the year for government
    cooperation with the Office of the UN High Commissioner for Refugees or
    other humanitarian organizations in providing protection and assistance
    to internally displaced persons, refugees, returning refugees, asylum
    seekers, stateless persons, and other persons of concern.
        The law does not prohibit forced exile, but the Government did not
    employ it.

        Protection of Refugees.--The country is not a party to the 1951
    Convention relating to the Status of Refugees or the 1967 Protocol
    relating to the Status of Refugees. Its laws do not provide for the
    granting of asylum or refugee status, and the Government has not
    established a system for providing protection to refugees. In practice
    the country has almost no history of refugees or asylum seekers, and
    there were no requests during the year for protection against the
    expulsion or return of refugees to countries where their lives or
    freedom would be threatened on account of their race, religion,
    nationality, membership in a particular social group, or political
    opinion.
    Section 3. Respect for Political Rights: The Right of Citizens to
            Change Their Government
        The law provides citizens the right to change their government
    peacefully, and citizens exercised this right in practice through
    periodic, free, and fair elections based on universal suffrage.

        Elections and Political Participation.--Executive power is
    centralized in the president and his cabinet. The legislature consists
    of the Nitijela and a council of chiefs (Iroij), the latter of which
    serves a largely consultative function dealing with custom and
    traditional practices.
        In October 2009 the legislature elected Jurelang Zedkaia as
    president after a no-confidence vote removed President Litokwa Tomeing
    from power.
        The most recent elections for the Nitijela were held in 2007. Some
    ballot boxes were recounted on the initiative of the chief electoral
    officer, which caused accusations of impropriety and assertions that
    the boxes should have been reopened only with a court order. A team of
    independent election observers from the Pacific Islands Forum stated in
    its initial report that the election, while poorly managed, was
    conducted in a democratic manner, enabling voters to exercise their
    will freely. A February 2008 report by a government-appointed
    independent commission of inquiry placed the blame for the marred
    election on interference in civil service hiring procedures by the then
    minister of internal affairs, which led to unqualified individuals
    managing the election process. By year's end the National Electoral
    Commission completed the registration process for the scheduled 2011
    national election, under which all persons desiring to vote in the
    election were required to register by district and atoll. This national
    registration was conducted to resolve some of the reported problems in
    the previous election.
        Individuals and parties can freely declare their candidacy and
    stand for election. There are no restrictions on the formation of
    political parties, although many candidates preferred to run
    independently or loosely aligned with informal coalitions.
        There are no legal impediments to women's participation in
    government and politics; however, traditional attitudes of male
    dominance, women's cultural responsibilities and traditionally passive
    roles, and the generally early age of pregnancies made it difficult for
    women to obtain political qualifications or experience. There was one
    woman in the 33-member Nitijela, who served as minister of health, and
    four women in the 12-seat House of Iroij. Since the country's founding
    there has always been a woman in the Nitijela, but never more than one.
    There were a number of women in prominent appointed government
    positions, including those of secretary of education, minister and
    secretary of health, secretary of foreign affairs, director of the
    Social Security Administration, banking commissioner, and director of
    the Environmental Protection Agency.
        There were no members of minorities in the legislature.
    Section 4. Official Corruption and Government 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. In
    October independent auditors reported that they had identified 11
    problem areas in the country's 2009 financial statements, an increase
    from the eight areas identified in 2008.The auditors gave a qualified
    opinion on internal controls and compliance, noting deficiencies and
    material weaknesses in fiscal controls.
        Public officials are not subject to financial disclosure laws. The
    Attorney General's Office is responsible for investigating cases of
    alleged corruption. In December the attorney general filed criminal
    cases alleging corruption regarding government procurement practices at
    the Ministry of Finance and Ministry of Health, respectively; the cases
    were pending at year's end.
        No high-level elected official has ever been indicted for
    corruption. Voters tend to look to representatives for financial
    assistance, which pressured elected officials to use government
    authority to provide patronage to extended family members and
    supporters. In October Nitijela Speaker Alvin Jacklick asked his
    colleagues to eliminate the total of $16,000 (the U.S. dollar is the
    national currency) members receive annually as a ``representational
    allowance.'' The members rejected this proposal and, instead, raised
    the allowance to $20,000. There were also frequent allegations of
    nepotism in government hiring, especially for teachers, where studies
    found serious discrepancies between teacher pay and qualifications.
    Officials also have used their positions to protect family members from
    prosecution for alleged wrongdoing.
        The law does not provide specifically for public access to
    government information. Although there is no specific statutory basis
    for denying such information, the Government held that the burden for
    overcoming a denial of access rests with the public. In most cases, in
    order to receive the information, a document must be filed with the
    court showing the reason the information is required.
    Section 5. Governmental Attitude Regarding International and
            Nongovernmental Investigation of Alleged Violations of Human
            Rights
        Human rights groups generally operated without government
    restriction, but few local groups existed. The Government was not
    always responsive to the concerns of nongovernmental organizations
    (NGOs).
        There were no international human rights NGOs represented in the
    country. The Government permitted visits by UN representatives and
    other international organizations, but there were none during the year.
    Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
        The constitution prohibits discrimination on the basis of sex,
    race, color, language, national or social origin, place of birth, and
    family status or descent, and the Government generally observed these
    provisions.

        Women.--The law criminalizes rape, including spousal rape, and the
    Government generally enforced the law when incidents were reported to
    officials. The law establishes penalties of up to 25 years'
    imprisonment for first-degree sexual assault. However, most observers
    believed that few sexual offenses were prosecuted, since cultural
    constraints discouraged victims from reporting such crimes to the
    police. The courts have promulgated rules designed to protect women
    filing rape charges during court testimony. According to the Public
    Defender's Office, one rape case from Arno Atoll was pending at year's
    end; the alleged offender was held in the Majuro prison awaiting trial.
        The law prohibits domestic violence, and the Government generally
    enforced the law when incidents were reported to officials. The law
    establishes penalties for domestic abuse in the same category as
    assault and battery. Spousal abuse was common; most assaults occurred
    while the assailant was under the influence of alcohol. According to a
    government survey published in the Marshall Islands Journal in October
    2009, more than 70 percent of female spouses had been abused during an
    unspecified time period. Violence against women outside the family also
    occurred, and women in urban centers risked assault if they went out
    alone after dark.
        Police generally responded to reports of rape and domestic assault,
    and the Government's health office provided counseling in reported
    spousal and child abuse cases.
        Women's groups under the NGO Women United Together in the Marshall
    Islands (WUTMI) continued to publicize women's issues and promote
    greater awareness of women's rights. On August 25, following the August
    14 killing of a college teacher allegedly by her husband, WUTMI led a
    march to the courthouse in Majuro to protest domestic violence and ask
    the Government to strengthen legal penalties for domestic violence
    offenses. Police charged the deceased's husband in her death; he
    remained in detention awaiting trial as of year's end. An off-duty
    police officer was outside the teacher's house when the killing
    occurred and reported to his on-duty colleagues that he heard screams;
    however, he called them off when the screaming stopped. Following this
    incident the Government began training for police on how to respond
    properly to reports of domestic violence.
        Sexual harassment is not prohibited by law but did not appear to be
    a widespread problem.
        Couples and individuals have the right to decide the number,
    spacing, and timing of children and the information and means to do so
    free from discrimination. Access to information on contraception, and
    to prenatal care, skilled attendance at delivery, and postpartum care
    were widely available on Majuro and Kwajalein Atolls; however, on
    remote atolls, often only small infirmaries with minimally trained
    attendants were available. Women and men were given equal access to
    diagnostic services and treatment for sexually transmitted infections,
    including HIV. The Ministry of Health provided free contraceptives,
    with particular emphasis on reducing the high rate of teenage
    pregnancy. According to indicators published by the Population Research
    Bureau, an estimated 45 percent of married women ages 15-49 used some
    form of contraception. Maternal mortality was approximately 0.1 to 0.2
    percent (one reported maternal death in 2009 and two in 2010, with
    approximately 1,200 births per year in the country), although maternal
    deaths in the outer islands may have been underreported. A large number
    of premature babies were born to young teenage mothers, with a
    resulting high number of babies born with physical and mental
    deficiencies.
        Women generally enjoy the same rights as men under family law and
    in the judicial system. Only women may own land. The inheritance of
    property and traditional rank is matrilineal, with women occupying
    important positions in the traditional system, although control of
    property often was delegated to male family members on behalf of female
    landowners. Tribal chiefs are the traditional authorities in the
    country; customarily, a chief is the husband or eldest son of the
    female landowner. The traditional authority exercised by women has
    declined with growing urbanization and movement of the population away
    from traditional lands. While female workers were prevalent in the
    private sector, many were in low-paying jobs with little prospect for
    advancement. Men and women had pay equity for all government positions
    involving similar work.

        Children.--Citizenship is derived through one's parents. Children
    born within the country to foreign parents do not acquire citizenship
    at birth, but may apply for citizenship upon turning 18 years old.
        Education was universal and compulsory to age 18, and the national
    government did not charge tuition fees, but it was estimated that up to
    20 percent of children did not attend elementary school on a regular
    basis. In many cases this was because they lived too far away from a
    school or their families could not afford the annual registration fee,
    which varied by school but averaged approximately $10, or incidental
    expenses. The lack of school lunch programs in public schools was cited
    as another factor that contributed to absenteeism and poor performance.
        Child abuse and neglect are criminal offenses, but public awareness
    of children's rights remained low, and child abuse and neglect were
    considered increasingly common. Convictions for violations are
    punishable by up to 25 years in prison, depending on the degree of the
    offense. The law requires teachers, caregivers, and other persons to
    report instances of child abuse and exempts them from civil or criminal
    liability as a consequence of making such a report. Nonetheless, there
    were no reports or prosecutions during the year.
        The minimum age for consensual sex is 16. The country's statutory
    rape law provides penalties of up to 25 years' imprisonment for
    violators. No laws address child pornography.
        The country is not a party to the 1980 Hague Convention on the
    Civil Aspects of International Child Abduction.

        Anti-Semitism.--There were few Jewish persons in the country, and
    there were no reports of anti-Semitic acts.

        Trafficking in Persons.--In 2009 there were no confirmed reports
    that persons were trafficked to, from, or within the country.

        Persons With Disabilities.--The constitution states that no person
    may be treated in a discriminatory manner under law or by public
    officials, but it does not include disability in its listing of
    specific prohibited grounds of discrimination. In practice persons with
    physical, sensory, intellectual, and mental disabilities faced
    difficulties in obtaining employment and accessing health care and
    other state services. There were no laws or policies designed to ensure
    access for individuals with disabilities to buildings, public
    transport, education, communications, or information. There were no
    building codes, and in practice most buildings were not accessible to
    persons with disabilities. Hospitals and two major grocery stores had
    ramps for persons with disabilities.
        The Government provided minimal support for persons with mental
    disabilities.
        There were no psychiatric facilities in the country. Persons whom
    the police deemed as exhibiting psychotic behavior were held with the
    general prison population and visited by a doctor. When prison
    officials protested the disruptions caused by this practice, other
    arrangements, such as house arrest, were made.
        There is no government agency specifically charged with protecting
    the rights of persons with disabilities in general. The Ministry of
    Health is charged with treating mental and physical disabilities, and
    the Ministry of Education is responsible for supporting special
    education for children with disabilities. In practice there were no
    special education classes for children with disabilities, except for a
    small foreign-funded class providing three months of instruction for
    the hearing impaired at Ebeye on Kwajalein Atoll. The attorney general
    is responsible for handling court cases involving complaints of
    discrimination against persons with disabilities, but no such cases
    were brought during the year. Authorities declared November 21-27 as
    ``Disability Week,'' and a large event was held on a field across from
    the capitol to spread awareness of the rights and concerns of persons
    with disabilities.

        National/Racial/Ethnic Minorities.--As in some previous years, the
    authorities appeared to enforce selectively immigration laws against
    migrants from the People's Republic of China. In December a Chinese
    national was arrested on arrival at the airport allegedly for outbursts
    made against immigration officials. The individual was charged with
    obstructing an immigration officer in the execution of his duty. No
    other persons were arrested or prosecuted on similar charges.
        Some ethnic Chinese reported being threatened or attacked based on
    their race and receiving regular racial slurs. The local press reported
    that attacks on Chinese sailors by youth gangs were common. In July
    2009 a gang of local men assaulted a Chinese ship captain in Majuro,
    but by year's end the perpetrators had not been identified, and no
    arrests were made. Other ethnic Chinese stated that taxi drivers
    commonly refused to stop for Chinese passengers, although most taxis
    were owned by Chinese businessmen.
        A law requires that employers who hire foreign workers make
    monetary contributions into a fund that provides job training for
    citizens. While many considered the law discriminatory against foreign
    workers, employers were willing to pay the fee in order to hire
    technically skilled labor, which was not widely available in the
    country.

        Societal Abuses, Discrimination, and Acts of Violence Based on
    Sexual Orientation and Gender Identity.--There is no law criminalizing
    homosexual conduct, and there were no reports of societal violence
    based on sexual orientation or gender identity. There were no reports
    of official or societal discrimination based on sexual orientation in
    employment, housing, statelessness, or access to education or health
    care.

        Other Societal Violence or Discrimination.--There were no accounts
    of societal violence based on HIV/AIDS infection. There was some
    cultural stigma attached to HIV infection, and NGOs and the Government
    conducted campaigns to provide HIV/AIDS education and encourage testing
    for the disease.
    Section 7. Worker Rights

        a. The Right of Association.--The law provides for the right of
    free association in general, and the Government interpreted this right
    as allowing the existence of labor unions. With a small number of major
    employers, there were few opportunities for workers to unionize, and
    the country has a limited history and culture of organized labor. Of
    the total workforce of approximately 18,500 persons, an estimated 57
    percent worked in the public sector, 21.5 percent in subsistence
    agriculture, and only 21.5 percent in private industry. In January 2009
    public school teachers formed the country's first labor union.
    Approximately 10 percent of the country's teachers were union members;
    however, the unwillingness of some teachers to pay union dues reduced
    the union's membership during the year. The approximately 110-member
    union did not engage in negotiation or collective bargaining during the
    year, but there were no reports of government restrictions on its
    activities.
        The law does not provide for the right to strike, and the
    Government has not addressed this issue.

        b. The Right to Organize and Bargain Collectively.--There is no
    legislation concerning collective bargaining or trade union
    organization. Wages in the cash economy were determined by market
    factors in accordance with the minimum wage and other laws.
        There are no export processing zones.

        c. Prohibition of Forced or Compulsory Labor.--The constitution
    prohibits involuntary servitude, and there were no reports of its
    practice among citizens. Officials suspected that some forced or
    compulsory labor existed among the irregular immigrant Chinese
    population. The law does not specifically prohibit forced and
    compulsory labor by children; however, there were no reports that such
    practices occurred.

        d. Prohibition of Child Labor and Minimum Age for Employment.--
    There is no law or regulation setting a minimum age for employment of
    children. Children typically were not employed in the wage economy, but
    it was common for children to assist their families in fishing,
    agriculture, retailing, and other small-scale enterprises. This was
    particularly true in the subsistence economies of the more remote
    atolls.

        e. Acceptable Conditions of Work.--The law establishes a minimum
    wage of $2.00 per hour for both government and private-sector
    employees. The national minimum wage did not provide a decent standard
    of living for a worker and family. However, in the subsistence economy,
    extended families were expected to help less fortunate members, and
    there often were several wage earners to support each family. The
    Ministry of Resources and Development adequately enforced the minimum
    wage regulations. Foreign employees and local trainees of private
    employers who had invested in or established a business in the country
    were exempt from minimum wage requirements. This exemption did not
    affect a significant segment of the workforce. Most foreign workers--
    who constituted approximately 30 percent of the workforce (excluding
    agroforestry) and most of the professional and technical classes in the
    country--earned considerably more than the minimum wage; their earnings
    were estimated to be at least 50 percent higher on average than those
    of local workers.
        The Office of the Chief of Labor within the Ministry of Foreign
    Affairs has the authority to make recommendations to the Nitijela on
    working conditions, such as the minimum wage, legal working hours and
    overtime payments, and occupational health and safety standards.
    However, there have been no such actions by the Office of Chief of
    Labor during the past four years, and the minimum wage has remained the
    same for over a decade. There is no legislation concerning maximum
    hours of work or occupational safety and health. On Sunday most
    businesses were closed, and persons generally refrained from working.
    No legislation specifically gives workers the right to remove
    themselves from situations that endanger their health or safety without
    jeopardy to their continued employment, and no legislation protects
    workers who file complaints about such conditions. The law applies to
    foreign workers in the same manner as citizens. The Office of the Chief
    of Labor did not conduct any inspections of workplace health and safety
    conditions during the year.

                                   __________

                        MICRONESIA, FEDERATED STATES OF

        The Federated States of Micronesia is a constitutional republic
    composed of four states: Chuuk, Kosrae, Pohnpei, and Yap. Its
    population was approximately 103,000. Individual states enjoyed
    significant autonomy and traditional leaders retained considerable
    influence in Pohnpei and Yap. The elected unicameral Congress selects
    the president from among its four at-large members. In 2007 Congress
    chose Emanuel Mori as president. There were no formal political
    parties. The most recent elections for Congress, held in March 2009,
    were considered generally free and fair, despite technical problems and
    some allegations of fraud in Chuuk. Security forces reported to
    civilian authorities.
        Reported human rights problems included judicial delays, government
    corruption, discrimination against women, domestic violence, and child
    neglect.
                            respect for human rights
    Section 1. Respect for the Integrity of the Person, Including Freedom
            From:

        a. Arbitrary or Unlawful Deprivation of Life.--There were no
    reports that the Government or its agents committed arbitrary or
    unlawful killings.

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

        c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
    Punishment.--The constitution prohibits such practices, and unlike in
    the previous year, there were no reports that government officials
    employed them.

        Prison and Detention Center Conditions.--Prison and detention
    center conditions generally met international standards.
        The Government permits prison visits by independent human rights
    observers, but none occurred during the year.
        At year's end the country's four states had approximately100
    inmates held in facilities with a total capacity of 150 prisoners.
    Pohnpei held 18 persons, including one woman and one pretrial detainee;
    Yap held 19 persons, including one woman, five pretrial detainees, and
    five prisoners on work-release programs; Kosrae held 16 persons (all
    male), including one pretrial detainee and one mentally ill person; and
    Chuuk held 47 persons. No further information was available on those
    held in Chuuk. Pretrial detainees usually were held together with
    convicted prisoners.
        There were no designated juvenile detention facilities, so the
    states seldom incarcerated juvenile offenders. Such crimes were usually
    resolved in the traditional, mediation-based manner between the
    families of the perpetrator and the victim. No juveniles were
    incarcerated as of year's end.
        Prisoners and detainees had reasonable access to visitors and were
    permitted religious observance. Authorities permitted prisoners and
    detainees to submit complaints to judicial authorities without
    censorship and to request investigation of credible allegations of
    inhumane conditions, but authorities rarely investigated such
    allegations. The Government has the obligation to investigate and
    monitor prison and detention center conditions, but no information was
    publicly available as to whether it did so during the year. There is no
    ombudsman to serve on behalf of prisoners and detainees to consider
    such matters as alternatives to incarceration for nonviolent offenders
    to alleviate any overcrowding; addressing the status and circumstances
    of confinement of juvenile offenders; and improving pretrial detention,
    bail, and recordkeeping procedures to ensure prisoners do not serve
    beyond the maximum sentence for the charged offense.

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

        Role of the Police and Security Apparatus.--Civilian authorities
    maintained effective control over the national, state, and local police
    forces, and the Government has effective mechanisms to investigate and
    punish abuse and corruption. Law enforcement agencies in Chuuk remained
    staffed with friends and relatives of powerful individuals, and the
    public defenders in Chuuk and Yap States relayed some anecdotal reports
    of police abuse, but no cases were investigated or charged during the
    year.

        Arrest Procedures and Treatment While in Detention.--Warrants are
    required for arrests, and detainees were promptly advised of the
    charges against them. Detainees must be brought before a judge for a
    hearing within 24 hours of arrest, and this requirement was generally
    observed in practice. Most arrested persons were released on bail.
    Detainees had prompt access to family members and lawyers. However, the
    Public Defender's Office was underfunded, and not all detainees who
    requested its assistance received adequate legal assistance in
    practice.

        e. Denial of Fair Public Trial.--The constitution provides for an
    independent judiciary, and the Government generally respected judicial
    independence in practice.
        The formal legal system coexists with traditional, mediation-based
    mechanisms for resolving disputes and dealing with offenders at the
    local level. As a result, few cases reach the trial stage. Except in
    major criminal cases such as murder or rape, if a perpetrator
    apologizes, the families involved can determine an appropriate
    punishment.

        Trial Procedures.--The law provides for the right to a fair trial,
    and an independent judiciary generally enforced this right. Trials are
    public, although juveniles are allowed closed hearings. Judges conduct
    trials and render verdicts; there are no juries. Defendants enjoy a
    presumption of innocence and have the right to counsel, to question
    witnesses, to access government-held evidence, and to appeal
    convictions. The law extends these rights to all citizens. Despite
    these provisions, cultural resistance to litigation and incarceration
    as methods of maintaining public order allowed some persons to act with
    impunity. Serious cases of sexual and other assault and even murder did
    not go to trial, and suspects routinely were released indefinitely.
    Bail, even for major crimes, usually was set at low levels.
        There is a national public defender system with an office in each
    state. However, the system was underfunded, and not all defendants
    received adequate legal assistance in practice. The national public
    defender reported no case backlog during the year, but the state public
    defender's offices had a backlog of cases not only because of the lack
    of staff, but also, in Chuuk, because of a lack of sufficient judges to
    hear the cases. The National Court also lacked sufficient funding and
    staffing to adequately uphold standards. One member of the bar was a
    convicted felon who represented persons in court. The National Bar
    Association lacked a standard procedure for disbarment.

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

        Civil Judicial Procedures and Remedies.--There is an independent
    and impartial judiciary in civil matters. The Supreme Court is
    responsible for hearing lawsuits seeking damages for, or cessation of,
    human rights violations.

        f. Arbitrary Interference With Privacy, Family, Home, or
    Correspondence.--The constitution prohibits such actions, and the
    Government generally respected these prohibitions in practice.
    Section 2. Respect for Civil Liberties, Including:

        a. Freedom of Speech and Press.--The constitution provides for
    freedom of expression but does not refer specifically to speech or the
    press; however, the Government generally respected these rights in
    practice.
        Individuals could criticize the Government publicly or privately
    without reprisal. The number of independent media outlets remained
    small, however, and there was a lack of consistently reliable access to
    broadcast media.

        Internet Freedom.--There were no government restrictions on access
    to the Internet or reports that the Government monitored e-mail or
    Internet chat rooms. Individuals and groups could engage in the
    expression of views via the Internet, including by e-mail. Cost and
    lack of infrastructure limited public Internet access on the outlying
    islands in each state. On the four principal islands, infrastructure
    was adequate, but cost still limited access. However, each state
    telecommunications office had Internet work stations available to the
    public 24 hours a day for reasonable hourly fees. The International
    Telecommunication Union reported that approximately 16 percent of the
    country's inhabitants used the Internet in 2009.

        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.--For a complete description of religious
    freedom, please see the 2010 International Religious Freedom Report at
    www.state.gov/g/drl/irf/rpt.

        d. Freedom of Movement, Internally Displaced Persons, Protection of
    Refugees, and Stateless Persons.--The constitution provides for freedom
    of movement within the country. Foreign travel, emigration, and
    repatriation are addressed in other areas of the law. In practice none
    of these rights were restricted. The need did not arise during the year
    for government cooperation with the Office of the UN High Commissioner
    for Refugees and other humanitarian organizations in providing
    protection and assistance to internally displaced persons, refugees,
    returning refugees, asylum seekers, stateless persons, and other
    persons of concern.
        The law does not explicitly prohibit forced exile; however,
    statutes that prescribe punishments for crimes do not provide for the
    imposition of exile, and the Government did not employ it.

        Protection of Refugees.--The country is not a party to the 1951
    Convention relating to the Status of Refugees or the 1967 Protocol
    relating to the Status of Refugees, and the Government has not
    established a system for providing protection to refugees. There were
    no formal requests for refugee status or asylum during the year, and
    there were no reports of expulsion or return of refugees to countries
    where their lives or freedom would be threatened on account of their
    race, religion, nationality, membership in a particular social group,
    or political opinion.
    Section 3. Respect for Political Rights: The Right of Citizens to
            Change Their Government
        The constitution and law provide citizens the right to change their
    government peacefully, and citizens exercised this right in practice
    through periodic, free, and fair elections based on universal suffrage.

        Elections and Political Participation.--The 14-member Congress
    comprises 10 members elected by district and four at-large members, one
    from each state. The last national congressional elections, held in
    March 2009, were generally free and fair. In statewide elections in
    Chuuk in March 2009, there were allegations of polling fraud.
    International election monitoring and review concluded that Chuuk
    experienced some procedural irregularities, but the outcome was not
    significantly altered.
        State governors, state legislators, and municipal governments are
    elected by direct popular vote. There are no restrictions on the
    formation of political groups; however, there were no significant
    efforts to form organized political parties, and none existed.
    Candidates generally sought political support from family and allied
    clan groupings, religious groups, and expatriate citizen communities.
        Cultural factors in the male-dominated society limited women's
    representation in government and politics. Women were well represented
    in the middle and lower ranks of government at both the federal and
    state level but were scarcer in the upper ranks. A woman held the
    cabinet-level position of secretary of health services, and there was
    one female justice on the Pohnpei State Supreme Court. No women ran for
    national office in the 2009 elections. There was one elected woman
    serving in a governing body, a member of the Pohnpei State legislature.
    There were no women in the other state legislatures or in the national
    legislature.
        The country is a multicultural federation, and both the legislature
    and the Government included persons from various cultural backgrounds.
    Section 4. Official Corruption and Government Transparency
        The law provides criminal penalties for official corruption, and
    the Government sometimes implemented these laws effectively; however,
    officials sometimes engaged in corrupt practices with impunity.
    Government corruption was a serious problem, particularly in Chuuk
    State.
        Public officials were not subject to financial disclosure laws. The
    Office of the Attorney General has primary responsibility for combating
    government corruption. However, the national attorney general,
    appointed in 2007, remained suspended from practice before the bar due
    to allegations of improper practices prior to assuming the position of
    attorney general. (His suspension dated from 1999.)
        There is no national law providing for public access to government
    information. The speaker of Congress can declare any congressional
    documents confidential. State laws and practices varied. Legislative
    hearings and deliberations generally were open to the public. In
    Pohnpei the state legislature's proceedings were televised, and in Yap
    they were broadcast on FM radio. Information from other branches of
    government also was accessible; however, retrieval sometimes was
    delayed by the loss or mishandling of records and the need for lower
    level administrative personnel to verify that release was permissible.
    There were no reported cases of government denial of access to media,
    but there were only a small number of media outlets, and their
    reporting resources were limited.
    Section 5. Governmental Attitude Regarding International and
            Nongovernmental Investigation of Alleged Violations of Human
            Rights
        Although there are no official restrictions, no local groups
    concerned themselves exclusively with human rights. Several groups
    addressed problems concerning the rights of women and children, and the
    Government cooperated with these groups.
    Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
        The constitution and law provide explicit protection against
    discrimination based on race, sex, or language, but societal
    discrimination against women remained a problem.

        Women.--Sexual assault, including rape, is a crime. There is no
    specific law against spousal rape. Sexual assault involving a dangerous
    weapon or serious physical or psychological harm to the victim is
    punishable by up to nine years' imprisonment in Chuuk and 10 years'
    imprisonment in the other three states, and/or a fine of up to $20,000
    (the U.S. dollar is the national currency) in Kosrae and $10,000 in the
    other states. If neither a dangerous weapon nor serious harm is
    involved, the assault is punishable in all states by up to five years'
    imprisonment or a fine. Such crimes were underreported, however, due to
    social stigma, and few cases were prosecuted. The curriculum at the
    police academy included programs to train police officers to recognize
    the problem. According to police and women's groups, there were a
    number of reports of physical and sexual assaults against women, both
    citizens and foreigners, outside the family context.
        Reports of spousal abuse, often severe, continued during the year.
    Although assault is a crime, there were no specific laws against
    domestic abuse. Effective prosecution of offenses was rare. In many
    cases victims decided against initiating legal charges against a family
    member because of family pressure, fear of further assault, or belief
    that the police would not involve themselves actively in what is seen
    as a private family problem. Within the traditional extended family
    unit, violence, abuse, and neglect directed against spouses or children
    were deemed offenses against the family, not just the individual
    victims, and were addressed by a complex system of familial sanctions.
    However, traditional methods of coping with family discord were
    breaking down with increasing urbanization, monetization of the
    economy, and greater emphasis on the nuclear family. No government
    agency, including the police, has succeeded in replacing the extended
    family system or in addressing the problem of family violence directly.
        There were no governmental or private facilities to shelter and
    support women in abusive situations. However, Pohnpei State began a
    program of domestic violence education that included a hotline. The
    Pohnpei Department of Public Safety also began training its officers to
    handle domestic violence situations. In June the Chuuk State Attorney
    General's Office sponsored a three-day workshop on domestic violence
    conducted by representatives of a foreign attorneys general
    association. Attendees included members of state government, the
    religious community, and women's and other interested community groups.
    As a result of the workshop, the Chuuk Women's Advisory Council, a
    nongovernmental organization (NGO), received a foreign government grant
    to build a multipurpose center to be used initially as an office and
    eventually also as a shelter for victims of domestic violence.
        In July the national government held a National Women's Conference
    that addressed various gender-based issues, including women's health,
    women in decision making, self employment of women, improving women's
    education, problems of women with disabilities, and domestic violence.
    The conference adopted three resolutions: asking all states to pass
    mandatory maternity leave for state employees, as the national and
    Kosrae State governments already had done; urging state governments to
    pass necessary laws to address domestic violence and other forms of
    violence against women; and endorsing a pending congressional bill to
    provide reserved seats for women in Congress.
        The law does not prohibit sexual harassment, and anecdotal reports
    suggested that it was pervasive.
        Couples and individuals have the right to decide the number,
    spacing, and timing of children, and the information and means to do so
    free from discrimination. Access to information on contraception,
    prenatal care, skilled attendance at delivery, and postpartum care were
    widely available through private and public medical facilities. The
    maternal death rate could not be calculated due to underreporting or
    missing data; however, the maternal mortality ratio was estimated to be
    very low. According to indicators published by the Population Reference
    Bureau, skilled health personnel attended an estimated 88 percent of
    births, and an estimated 70 percent of married women ages 15-49 used
    modern contraceptive methods. The Government conducted public
    information campaigns on reproductive health matters through posters
    and billboards; other types of local media were not readily available.
    Women and men were given equal access to diagnostic services and
    treatment for sexually transmitted infections, including HIV.
        Women have equal rights under the law, including the right to own
    property, and there were no institutional barriers to education or
    employment. The largest employers were the national and state
    governments, and women received equal pay for equal work. The public
    sector comprises fully half of the country's 15,500 jobs, with nearly
    5,000 in state government positions and approximately 2,500 in national
    and municipal government or public enterprises or agencies. Societal
    discrimination against women continued, however, and cultural mores
    encouraged differential treatment for women. For example, in Yap State
    women were prohibited from entering a meeting hall during men's
    meetings. In Chuuk State women must bow in the presence of men during
    formal meetings. Nonetheless, women were active and increasingly
    successful in private business. There was a national women's working
    group made up of female national government employees, including the
    Secretary of health and social services, that advised the Government.
    Additionally, several small NGOs were interested in women's issues,
    particularly those associated with family violence and abuse. The
    Women's Interest Section of the Department of Health and Social
    Services worked to protect and promote women's rights.

        Children.--A child acquires citizenship if one or both parents were
    citizens. Individual states maintain birth records.
        Although a compulsory education law requires all children to begin
    school at age six, not all did so, and the law was not enforced. A
    shortage of qualified teachers and lack of textbooks hampered progress.
    The law permits children to leave school when they reach the age of 14
    or after completing the eighth grade.
        Child abuse is illegal, although the constitution provides for a
    right of parental discipline. Crime statistics indicated no complaints
    of, or arrests for, child abuse during the year, but cultural attitudes
    regarding parental discipline limited the reporting of abuse. There
    were some anecdotal reports of child abuse and neglect.
        The states' statutory rape laws apply to children age 13 and below
    in Chuuk, Yap, and Kosrae and age 15 and below in Pohnpei. The maximum
    penalties vary according to state--Chuuk: five years' imprisonment,
    $5,000 fine; Kosrae: 10 years, $20,000 fine; Yap: 10 years, $10,000
    fine; and Pohnpei: five years, $5,000 fine. Only Pohnpei has a statute
    prohibiting child pornography. Both Chuuk and Pohnpei have provisions
    against exhibiting ``adult films'' in general; Yap and Kosrae have no
    such provisions. Both Chuuk and Pohnpei impose a penalty of six months'
    imprisonment for violations.
        The country is not a party to the 1980 Hague Convention on the
    Civil Aspects of International Child Abduction. For information on
    international child abduction, please see the Department of State's
    annual report on compliance at http://travel.state.gov/abduction/
    resources/congressreport/congressreport--4308.html.

        Anti-Semitism.--There were no known Jewish communities in the
    country, and there were no reports of anti-Semitic acts.

        Trafficking in Persons.--For information on trafficking in persons,
    please see the Department of State's annual Trafficking in Persons
    Report at www.state.gov/g/tip.

        Persons With Disabilities.--The law prohibits discrimination in
    public service employment against persons with physical disabilities.
    There were no reports of discrimination against persons with physical,
    sensory, intellectual, or mental disabilities in employment, access to
    health care, or provision of other state services; however, persons
    with disabilities usually did not seek employment outside the home.
    Children with disabilities, including learning disabilities, were
    provided with special education, including instruction at home if
    necessary; however, such classes were dependent on foreign funding.
    Neither laws nor regulations mandate accessibility to public buildings
    or services for persons with disabilities. In practice many buildings
    had ramps and/or were only one story. There was one elevator in the
    two-story Pohnpei State government building--the only elevator in the
    country. There were no policies or programs to ensure access to
    information and communications for persons with disabilities.
        Due to a lack of facilities for treating mentally ill persons, some
    persons with mental illnesses but no criminal background were housed in
    jails. The authorities provided separate rooms in jails for persons
    suffering from mental illness, and state health departments provided
    medication as part of their programs to provide free treatment to all
    mentally ill residents.
        The national Health Services Department is responsible for
    protecting the rights of persons with disabilities.

        National/Racial/Ethnic Minorities.--Each of the country's four
    states has a different language and culture. Traditionally the state of
    Yap had a caste-like social system with high-status villages, each of
    which had an affiliated low-status village. In the past those who came
    from low-status villages worked without pay for those with higher
    status. In exchange those with higher status offered care and
    protection to those subservient to them. The traditional hierarchical
    social system has been gradually breaking down, and capable people from
    low-status villages could rise to senior positions in society.
    Nonetheless, the traditional system continued to affect contemporary
    life. Persons from low-status backgrounds tended to be less assertive
    in advocating for their communities' needs with the Government. As a
    result, low-status communities sometimes continued to be underserved.
        The national and state constitutions prohibit noncitizens from
    purchasing land, and a 2002 law continued to limit the occupations that
    noncitizens could fill. The national Congress granted citizenship to
    non-Micronesians only in rare cases. There is no permanent residency
    status. For the most part, however, noncitizens shared fully in the
    social and cultural life of the country.

        Societal Abuses, Discrimination, and Acts of Violence Based on
    Sexual Orientation and Gender Identity.--There are no laws
    criminalizing homosexual conduct. There were no reports of violence,
    official or societal discrimination, or workplace discrimination
    against lesbian, gay, bisexual, or transgender persons.

        Other Societal Violence or Discrimination.--There were no reports
    of societal violence or discrimination against persons with HIV/AIDS.
    Section 7. Worker Rights

        a. The Right of Association.--Although the law does not
    specifically provide for the right of workers to join a union, under
    the constitution citizens have the right to form or join associations,
    and national government employees by law can form associations to
    ``present their views'' to the Government without being subject to
    coercion, discrimination, or reprisals. No workers, including foreign
    workers, were prohibited from joining unions, but for a variety of
    reasons--including the fact that most private-sector employment was in
    small-scale, family-owned businesses and citizens were not accustomed
    to collective bargaining--there were no unions. The national and state
    governments employed more than half of the country's wage-earning
    workers. The majority of the remaining working-age population was
    engaged in subsistence farming and fishing.
        There is no specific right to strike, but no law prohibits strikes.
    There were no employment-related disputes or demonstrations during the
    year.

        b. The Right to Organize and Bargain Collectively.--No law deals
    specifically with trade unions or with the right to collective
    bargaining. Since there were no unions, there were no reports of
    collective bargaining agreements during the year. Individual employers,
    the largest of which were the national and state governments, set
    wages.
        There are no export processing zones.

        c. Prohibition of Forced or Compulsory Labor.--The constitution
    prohibits forced or compulsory labor. There were reports of a few men
    and women from other Pacific nations being subjected to forced labor.
        Also see the Department of State's annual Trafficking in Persons
    Report at www.state.gov/g/tip.

        d. Prohibition of Child Labor and Minimum Age for Employment.--
    National and state laws do not establish a minimum age for employment
    of children. In practice there was no employment of children for wages,
    but children often assisted their families in subsistence farming and
    in family-owned shops.

        e. Acceptable Conditions of Work.--The minimum hourly wage for
    employment with the national government was $2.65. All states had a
    minimum hourly wage for government workers: $2.00 in Pohnpei, $1.25 in
    Chuuk, $1.42 in Kosrae, and $1.60 in Yap. Only Pohnpei had a minimum
    wage for private sector workers: $1.35 per hour. These minimum wage
    structures apply to skilled and unskilled workers and were sufficient
    to provide a decent standard of living for a worker and family. The
    minimum wage was enforced through the tax system, and this mechanism
    was believed to be effective.
        There are no laws regulating hours of work (although a 40-hour
    workweek was standard practice) or prescribing standards of
    occupational safety and health. A federal regulation requires that
    employers provide a safe workplace, but the Department of Health had no
    enforcement capability, and working conditions varied in practice.
    There is no law for either the public or private sector that permits
    workers to remove themselves from dangerous work situations without
    jeopardy to their continued employment.
        Foreign workers were not subjected to abuse or deported without
    cause. They have the right to a hearing if facing deportation.
        Working conditions aboard some Chinese-owned fishing vessels
    operating in the country's waters continued to be very poor. Crewmen
    reported a high incidence of injuries, beatings by officers, and
    nonpayment of salary.

                                   __________

                                    MONGOLIA

        Mongolia, with a population of three million, is a multiparty,
    parliamentary democracy. The most recent presidential election, held in
    May 2009 and considered largely free and fair, was won by former prime
    minister Tsakhia Elbegdorj of the Democratic Party. Prime Minister
    Sukhbaatar Batbold and his majority Mongolian People's Revolutionary
    Party (MPRP) continued to dominate the parliament but governed under a
    unity government with the Democratic Party. Security forces reported to
    civilian authorities.
        While the law provides for protection of basic human rights, the
    following human rights problems were noted: police abuse of prisoners
    and detainees; uneven enforcement of the law and official impunity;
    poor conditions in detention centers; arbitrary arrest, lengthy
    pretrial detention, and corruption within the judicial system;
    government interference in the media; continued refusal by some
    provincial governments to register Christian churches; secrecy laws and
    a lack of transparency in government affairs; inadequate measures to
    counter domestic 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 arbitrary or
    unlawful killings during the year.
        In February, after investigating the circumstances of the 2008
    protest resulting in the deaths of five persons, the State Prosecutor
    General's Office (SPO) dropped all charges against the 10 police
    officers suspected of firing upon civilians and the four senior police
    officials suspected of giving the order to open fire. However, in
    November the SPO reopened the case.

        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, sources
    reported that police, especially in rural areas, occasionally beat
    prisoners and detainees. The use of unnecessary force, particularly to
    obtain confessions, in the arrest process reportedly was common.
        Nongovernmental organizations (NGOs) claimed that guards or police
    sometimes meted out cruel punishment to inmates at police stations and
    detention centers. The NGOs stated that some inmates were burned with
    cigarettes, beaten with batons, or kicked in the shins with steel-toed
    boots.
        According to the National Human Rights Commission (NHRC), during
    the year the SPO's Special Investigative Unit (SIU) received 210
    complaints from citizens, including 10 complaints against police and
    prison officers suspected of torture, of which three were dismissed,
    five led to convictions, and two were sent to the SPO. The NHRC stated
    that some incidents of alleged torture occurred during investigations
    but not during imprisonment. The NHRC received five complaints against
    police and law enforcement officers concerning beatings, abuse, and
    confessions through torture. The five complaints were transferred to
    the SIU; one had resulted in compensation and arrests or charges by
    year's end.
        Amnesty International reported that hazing was common within the
    military, primarily including beatings by higher-ranking personnel of
    their subordinates.

        Prison and Detention Center Conditions.--According to Amnesty
    International, conditions in prisons were poor but improved during the
    year. The low quality of medical care available to prisoners remained a
    concern. The General Executive Agency of Court Decision (GEACD)
    reported that there were 7,265 prisoners, of whom 452 were women and 75
    were juveniles. UN officials reported that children and adults often
    were not separated in police detention facilities. The GEACD reported
    20 deaths during the year in prisons and prison clinics under its
    control. The National Police and GEACD reported two deaths in detention
    facilities. Amnesty International declared that this number was
    understated due to the practice of correctional officials releasing
    terminally ill patients from their ward shortly before their impending
    death.
        Amnesty International reported that conditions at holding cells in
    police stations and pretrial detention facilities remained poor.
    Sources reported incidents of detainee abuse and forced confessions and
    cited the conflict of interest inherent in the National Police's
    continued oversight of administrative predetention facilities, due to
    their concurrent responsibility to interrogate detainees. Overcrowding
    and low-quality medical care threatened the health of detainees. There
    were approximately 900 detainees in the sole pretrial criminal
    detention facility serving Ulaanbaatar in Gants-khudag, a dark building
    with poor ventilation and a capacity according to the GEACD of 640. At
    times cells held eight persons in spaces intended for two or three.
    Detainees were granted only one hour of time outside their cell per
    week.
        Within the Denjin Myanga administrative detention facility in
    Ulaanbaatar, sources reported that detainees found guilty of
    administrative offenses lived in squalid conditions due to overcrowding
    and poor ventilation. Although the section holding them was built to
    hold 120, there often were more than 200 detainees. Officials reported
    that conditions were worst in the winter, when arrests increase and the
    severe cold weather precludes outside activities.
        Inebriated individuals were detained in overcrowded police-operated
    detoxification centers for up to 24 hours. Officials reported that they
    lacked the resources to provide adequate water, food, hygienic
    standards, adequate bedding, ventilation, and bathing facilities.
    Detainees were stripped to their underclothing and kept in stone-
    floored, overcrowded cells with only a blanket to keep warm for the
    duration of their detention. Children were detained alongside adults,
    and detainees were kept together regardless of whether their crime was
    violent or not. Diseases were common among inmates and guards alike.
        Many inmates entered prison and detention centers infected with
    tuberculosis or contracted it in prison. The Government quarantined and
    treated victims at its tuberculosis hospital.
        NGOs and the Government offered vocational, educational, outdoor,
    and religious activities. NGOs provided clothing, food, books, English-
    language instruction, and vocational training in prisons and detention
    centers.
        Prisoners and detainees had reasonable access to visitors and were
    permitted religious observance. The law allows prisoners and detainees
    to submit complaints to judicial authorities without censorship and
    request investigations, but Amnesty International stated that in many
    cases this process was significantly flawed and failed to address
    legitimate complaints. The Prosecutor's Office and State Special
    Inspection Agency monitored prison and detention center conditions. In
    November the results of monitoring by the Capital City Prosecutor's
    Office and Capital City Special Inspection Office were released
    publicly. Their report disclosed problems of hygiene, including failure
    to clean rooms and bedding, failure of cafeteria staff to abide by
    standards, contamination of the drinking water with bacteria, and
    inadequacies in the dimensions and conditions of the cells.
        The NHRC monitored conditions at several prisons and detention
    centers. Monitors from the diplomatic and human rights community were
    granted unaccompanied meetings with prisoners during the year. The
    GEACD reported that ombudsmen are not able to serve on behalf of
    prisoners and detainees.
        At year's end the GEACD reported that the Government had invested
    19.9 billion tugrik ($16 million) in prison renovation since 2006,
    resulting in improvements in 35 facilities.

        d. Arbitrary Arrest or Detention.--The law provides that no person
    shall be arrested, detained, or deprived of liberty except by specified
    procedures; however, arbitrary arrest and detention occurred. General
    public awareness of basic rights and judicial procedures, including
    rights with regard to arrest and detention, was limited, especially in
    rural areas.

        Role of the Police and Security Apparatus.--Security forces are
    under the jurisdiction of the Ministry of Defense, the Ministry of
    Justice and Home Affairs, and the General Intelligence Agency. The
    Defense Ministry oversees national defense and assists in providing
    domestic emergency assistance and disaster relief, in support of
    internal security forces. The national police and the Border Force
    operate under the Ministry of Justice and Home Affairs. The
    intelligence agency is responsible for both internal security and
    foreign intelligence collection and operations. The agency's civilian
    head reports directly to the prime minister. The SPO supervises
    undercover activities of the police and intelligence agencies.
        Mechanisms to investigate police abuses remained inadequate, since
    investigatory units lacked the resources to pursue all allegations. The
    SIU investigates allegations of misconduct by law enforcement
    personnel, prosecutors, and members of the judiciary. According to the
    SIU, police frequently blocked or impeded the work of its
    investigators, particularly when the targets of investigation were
    high-ranking police officials. During the year the SIU received 721
    complaints against law enforcement officials, opened cases on 132 of
    these complaints, refused to open cases on 283 complaints, and
    transferred 297 complaints to other agencies. At year's end nine cases
    were under investigation. The SIU investigated a total of 329 persons:
    155 police officers, 135 civilians, 29 investigators, five intelligence
    agency officers, three judges, and two prosecutors.
        There were no major government actions, including training, to
    reform the security forces.
        There were multiple reports from members of minority groups that
    ultranationalist groups enjoyed impunity, due to police complacence and
    unwillingness to apprehend the offenders. Ultranationalists targeted
    lesbian, gay, bisexual, and transgender (LGBT) persons, Chinese, and
    Koreans with threats, violence, and the extraction of protection money.

        Arrest Procedures and Treatment While in Detention.--A judge-issued
    warrant is required prior to the arrest of a suspect. A ``pressing
    circumstances'' exception allows police to arrest suspects without
    obtaining a warrant. The UN reported that two-thirds of those accused
    with criminal offenses in Ulaanbaatar were arrested without court
    authorization.
        By law police must request a court order to continue holding
    suspects after 24 hours. If permission is obtained, police may hold
    suspects for up to 72 hours before a decision is made to prosecute or
    release them. If a court order is not granted within 72 hours, police
    must release suspects.
        Detainees generally were informed promptly of the charges against
    them. The maximum pretrial detention with a court order is 24 months;
    an additional six months are allowed for particularly serious crimes
    such as murder. Detainees are allowed prompt access to family members.
    Detainees may be released on bail with the approval of a prosecutor.
        A detainee has the right to a defense attorney during pretrial
    detention and all subsequent stages of the legal process. If a
    defendant cannot afford a private attorney, the Government must appoint
    an attorney. Despite this legal provision, many detainees were unaware
    of their right to a government-appointed attorney and did not assert
    it. There was a shortage of public-funded and pro bono attorneys for
    low-income defendants, particularly outside Ulaanbaatar. To address the
    shortage, the Government, working with the UN Development Program,
    placed an attorney in each of the provincial capitals and the districts
    of Ulaanbaatar to provide free legal advice. Nonetheless, some
    detainees refused to use state-funded attorneys for fear that such
    attorneys would not fairly represent them. Furthermore, many defense
    attorneys' law licenses remained suspended for providing services to
    the victims of police violence from the July 2008 riots.

        e. Denial of Fair Public Trial.--The law provides for an
    independent judiciary, and the Government generally respected this
    provision in practice; however, corruption and outside influence were
    increasingly problematic, particularly at the level of the Supreme
    Court. Bribery could contribute to the dismissal of a case or reduction
    of a recommended sentence.
        There were three cases involving judges pending at year's end.

        Trial Procedures.--The law provides for the right to a fair public
    trial by a judge, but this was undermined by frequent cases of bribery
    and a large number of cases per judge. The law provides that defendants
    are innocent until proven guilty, and this was respected in practice.
    Juries are not used. Closed proceedings are permitted in cases
    involving state secrets, rape cases involving minors, and other cases
    as provided by law. Defendants may question witnesses, present
    evidence, and appeal decisions. The law extends these rights to all
    citizens.
        Despite these provisions, trial procedures were often plagued by
    legal inconsistencies. There was a shortage of state-provided defense
    lawyers, and many defendants lacked adequate legal representation.
    Judges often relied on confessions, many of which were coerced by
    police, in convicting defendants.

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

        Civil Judicial Procedures and Remedies.--Administrative and
    judicial remedies are available for alleged wrongs. Corruption, outside
    influence, and enforcement of court orders were problems in the civil
    judicial system. Although by law victims of police abuse can sue for
    damages, in practice few were able to claim compensation.
        In February 2009 Ulaanbaatar police detained for four hours a
    lawyer who represented religious workers facing deportation. No charges
    were issued, but the lawyer said that police fined him. The lawyer
    appealed the fine, and in March 2009 the Supreme Court ruled in his
    favor. However, the plaintiff stated that police disregarded the
    Supreme Court's judgment and refused to repay him.

        f. Arbitrary Interference With Privacy, Family, Home, or
    Correspondence.--The criminal code and constitution prohibit such
    actions; however, there were reports of government surveillance,
    wiretapping, and e-mail account intrusions against journalists and NGOs
    critical of the Government.
    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. Nevertheless, government interference with
    licensing and indirect intimidation of the press, particularly
    broadcast media, was evident.
        A variety of newspapers and other publications represented both
    major political parties and independent viewpoints. The Ministry of
    Justice and Home Affairs licensed newspapers, television and radio
    broadcasters, and magazines. The media law bans censorship of public
    information and any legislation that would limit the freedom to publish
    and broadcast; however, perceived self-censorship continued to be a
    problem. A December 2009 poll of journalists by Globe International, a
    domestic media rights NGO, found that half of them reported self-
    censoring their work because of threats or the fear of prosecution or
    job loss. The Government monitored all media for compliance with
    antiviolence, antipornography, antialcohol, and tax laws.
        In September 2009 the Media Office of the General Policy Authority
    sent a ``cooperation agreement'' valid for one year to all Ulaanbaatar-
    based television stations. In exchange for providing ``safety for
    television stations that signed the agreement and for their journalists
    working at flashpoints,'' the police required ``balanced'' and ``true
    and objective information'' and forbade the dissemination of
    ``incorrect information and propaganda that encourages mass disorder
    during public demonstrations'' or ``information compromising public or
    organizational privacy and state secrecy.'' The agreement also required
    that ``when reporting, media outlets shall regularly contact central
    headquarters for information on the current situation.'' In addition it
    stated that ``if a public demonstration becomes mass disorder, the
    media shall cooperate with the police and broadcast propaganda to
    defuse and resolve the situation.'' All but two television stations
    reportedly signed the agreement, leaving in question whether the police
    would extend protection to those that did not. There were no reports
    the two stations that did not sign the agreement experienced public
    safety problems.
        In December 2009 the investigative newspaper Niigmiin Toli was
    fined for defamation by the Ulaanbaatar Metropolitan Court following a
    letter it published from an anonymous citizen in the province of Bayan-
    Olgii criticizing local Governor Khaval and his staff. On August 27,
    following the newspaper's rejection of the court order to apologize and
    pay a fine of two million tugrik ($1,610) to the ``defamed'' officials,
    the GEACD raided the office and seized a computer with a database of
    confidential sources. Although authorities reportedly claimed that the
    property was seized in lieu of the fine, the editor in chief stated
    that, unlike newer computers in the office, the value of the antiquated
    computer was less than the amount of the fine, leading the newspaper to
    allege the specific computer was seized by authorities to uncover
    confidential sources.
        Press representatives alleged indirect censorship in the form of
    government and political party harassment, such as frequent libel
    complaints and tax audits. The law places the burden of proof on the
    defendant in libel and slander cases. Both libel and ``insult'' were
    criminal charges. Globe International reported that in advance of the
    protests of late March and early April, the nominally independent
    Communications Regulatory Commission demanded that one television
    station not cover the demonstrations. Due to the commission's role in
    licensing, observers interpreted this as tantamount to a threat, and by
    extension, censorship.
        Observers stated that many newspapers were either affiliated with
    political parties or owned (fully or partly) by individuals affiliated
    with political parties and that such affiliation strongly influenced
    the published reports. The observers also noted that underpaid
    reporters frequently demanded payment to cover or fabricate a story.
        Broadcast media similarly were not free of political interference.
    A lack of transparency during the tendering process and lack of a fully
    independent licensing authority inhibited fair competition for
    broadcast frequency licenses and benefited those with political
    connections. At the provincial level, local government control of the
    licensing process similarly inhibited the development of independent
    television stations.

        Internet Freedom.--There were no government restrictions on access
    to the Internet. Individuals and groups could engage in the peaceful
    expression of views via the Internet, including by e-mail; however,
    there were reports that the Government monitored some e-mail accounts.
    According to the Information and Communication Technology Agency, there
    were 56 Internet service providers with 106,000 subscribers in the
    country, and all provinces had Internet connectivity. Internet access
    continued to expand during the year to remote areas as a result of
    government and private-sector efforts. According to a 2009 survey by
    the technology agency, 73 percent of Ulaanbaatar residents had used the
    Internet at least once. According to the same agency, 6 percent of
    families in Ulaanbaatar had Internet connections in their homes.
        A representative of the LGBT Centre alleged government monitoring
    of their personal e-mail accounts, stating that recent activity logs
    frequently listed unknown Internet protocol addresses within the
    country.

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

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

        c. Freedom of Religion.--For a complete description of religious
    freedom, please see the 2010 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 generally 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.
        Foreign residents must obtain exit visas to leave the country.
    Public and private entities increasingly used the visa requirement to
    pressure foreign investors to settle commercial disputes, effectively
    detaining them until they settled or underwent a full investigatory
    process, which could be lengthy. However, even after a dispute is
    settled, a claim can be refiled in the same venue, if local police and
    prosecutors are willing, or in a different venue.
        The law prohibits forced exile, and the Government did not use it.

        Protection of Refugees.--The country is not a party to the 1951
    Convention relating to the Status of Refugees or the 1967 Protocol
    relating to the Status of Refugees. However, the constitution provides
    for the right to asylum, and in practice the Government provided
    protection against the expulsion or return of refugees to countries
    where their lives or freedom would be threatened on account of their
    race, religion, nationality, membership in a particular social group,
    or political opinion.
        Citizenship is inherited from parents. Refugees are considered
    illegal migrants and as such do not have access to basic services such
    as health care and education, nor are they allowed to work. The UNHCR
    reported that ``stateless persons are unable to enjoy their most
    fundamental rights such as the right education, health care, and an
    adequate standard of living.'' According to statistics provided by the
    Ministry of Justice and Home Affairs and the Immigration Agency, in
    December there were 29 individuals who were stateless and under
    consideration for naturalization. Most had renounced their original
    citizenship in the process of applying for Mongolian citizenship. By
    law the procedure to acquire and/or reacquire Mongolian nationality
    should take no more than six months, but in reality it often took
    considerably longer.
        The Immigration Agency does not consider ethnic Kazakhs to be
    stateless without verification with Kazakh authorities that they are
    not Kazakh citizens. The UNHCR reported that many thousands of ethnic
    Kazakh Mongolians renounced their Mongolian nationality upon moving to
    Kazakhstan in the early 1990s, but many who were unable to gain Kazakh
    citizenship returned to Mongolia, where they became stateless. The
    UNHCR reported that the process of reacquiring Mongolian nationality
    was long and complicated and recommended improving the implementation
    of relevant laws. In addition observers cited the lack of awareness
    regarding the relevant legal framework as a reason for statelessness.
    Furthermore, the process of verification with the Kazakh government was
    protracted.
    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 based on universal suffrage. The law limits the
    president to two four-year terms. Parliamentary and local elections are
    held separately, also for four-year terms.
        The law provides that the majority party in the parliament, in
    consultation with the president, shall appoint the prime minister.
    Members of the parliament may serve as cabinet ministers. There is no
    requirement that the prime minister or other ministers be a member of
    the parliament.

        Elections and Political Participation.--In the most recent
    presidential election, held in May 2009, the former prime minister and
    candidate of the opposition Democratic Party, Tsakhia Elbegdorj,
    defeated MPRP incumbent Nambar Enkhbayar. Independent observers
    described the election as largely free and fair.
        The potential for bias within the General Election Commission was a
    concern, particularly for smaller political parties. Four of the nine
    commissioners belonged to the MPRP and three to the Democratic Party
    prior to becoming commissioners and cancelling their memberships, as
    required by law.
        Political parties could operate without restriction or outside
    interference. There were 17 political parties registered with the
    Supreme Court.
        There were no legal impediments to the participation of women or
    minorities in government and politics, but their numbers remained
    small. There were three women in the 76-member parliament. One of the
    15 cabinet ministers was a woman, as were seven of the 17 Supreme Court
    justices. Women and women's organizations were vocal in local and
    national politics and actively sought greater female representation in
    government policymaking.
        There were three ethnic Kazakhs serving in the parliament. There
    were two members of minority groups serving in the cabinet or Supreme
    Court.
    Section 4. Official Corruption and Government Transparency
        The law provides criminal penalties for official corruption;
    however, the Government did not always implement the law effectively,
    and officials sometimes engaged in corrupt practices with impunity.
    Corruption was perceived to be a serious and continuing problem at all
    levels of government, particularly within the judiciary and customs
    service. Varying degrees of corruption at most levels of government
    resulted in a blurring of the lines between the public and private
    sectors. Conflicts of interest were frequent. The problem was
    compounded by ineffective governmental oversight bodies and media that
    frequently failed to expose corruption.
        Corruption in law enforcement agencies was endemic. The
    Government's Independent Agency Against Corruption investigated some
    police officers but did not make public the results of any such
    investigations.
        The criminal code proscribes the acceptance of bribes by officials
    and provides for fines or imprisonment of up to five years. It also
    outlaws offering bribes to government officials. Members of the
    parliament are immune from prosecution during their tenure, preventing
    a number of allegations of corruption from going to trial. Corruption-
    related arrests and convictions were rare but increasing.
        The anticorruption agency, which is responsible for investigating
    corruption cases, declared that nearly all of the most senior officials
    complied with the requirement to declare their assets and income (and
    those of relatives, including spouses, parents, children, and live-in
    siblings). The agency also is required to review the asset declarations
    of public servants, including police officers and members of the
    military, and this was carried out in practice. The agency received 427
    reports of improprieties during the year, of which it referred more
    than 46 for criminal investigation.
        Government and parliamentary decision making was not transparent,
    and public legislative hearings were rare. Meetings of the parliament's
    standing committees were not open to the press or the public.
    Nevertheless, in May the Parliamentary Standing Committee on Legal
    Affairs held a hearing in which parliamentarians questioned officials
    who allegedly violated anticorruption statutes. General sessions of the
    parliament were largely open to the public, although not in all cases.
        There was no law providing for public access to government
    information. The far-reaching State Secrets Law inhibited freedom of
    information and government transparency while at the same time
    undermining accountability. The law also hindered citizen participation
    in policy discussions and government oversight.
    Section 5. Governmental Attitude Regarding International and
            Nongovernmental Investigation of Alleged Violations of Human
            Rights
        A number of domestic and international human rights groups
    generally operated without government restriction, investigating and
    publishing their findings on human rights cases. Government officials
    generally were cooperative and responsive to their views.
        With assistance from the UN Development Program, a local
    representative in each provincial assembly monitored human rights
    conditions.
        The NHRC is responsible for monitoring human rights abuses,
    initiating and reviewing policy changes, and coordinating with human
    rights NGOs; it reports directly to the parliament. The NHRC consists
    of three senior civil servants nominated by the president, Supreme
    Court, and parliament for terms of six years.
        The Government allowed midlevel civil servants to receive human
    rights training through seminars, conferences, and lectures.
    Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
        The law states that ``no person shall be discriminated against on
    the basis of ethnic origin, language, race, age, sex, social origin, or
    status,'' and that ``men and women shall be equal in political,
    economic, social, cultural fields, and family.'' The Government
    generally enforced these provisions in practice.

        Women.--Rape and domestic abuse are illegal; however, no law
    specifically prohibits spousal rape, and rape remained a problem.
    During the year 254 persons were convicted of rape, according to the
    research center of the Supreme Court. However, NGOs alleged that many
    rapes were not reported and claimed that police and judicial procedures
    were stressful to victims and tended to discourage reporting of the
    crime. Social stigma also lowered the number of cases reported.
        According to NGOs, police referred only a small number of rape
    cases for prosecution, largely claiming that there was insufficient
    evidence. Postrape medical examinations were available, and results
    were occasionally used as evidence; however, such exams were not always
    available in remote areas. NGOs stated that negative attitudes among
    some police resulted in certain cases not being referred to
    prosecutors.
        The criminal code outlaws sexual intercourse through physical
    violence (or threat of violence) and provides for sentences of up to
    five years. If the victim is injured or is a minor, the penalty can
    reach 10 years. Such a crime resulting in death, victimizing a child
    less than 14 years of age, or committed by a recidivist may result in
    15 to 25 years' imprisonment or the death penalty. Gang rape is
    punishable by death.
        Domestic violence remained a serious problem, particularly against
    women of low-income rural families. The law requires police to accept
    and file complaints, visit the site of incidents, interrogate offenders
    and witnesses, impose administrative criminal penalties, and bring
    victims to refuge. It also provides for sanctions against offenders,
    including expulsion from the home, prohibitions on the use of joint
    property, prohibitions on meeting victims and on access to minors, and
    compulsory training aimed at behavior modification. However, this level
    of service was rarely provided because the police lacked sufficient
    funding and, according to NGOs, often were reluctant to intervene in
    what was viewed as an internal family matter.
        Between 2007 and June 2009, the Mongolian Women's Legal Association
    documented more than 240 criminal proceedings involving domestic
    violence. During the same period, the association reported that
    officers invoked the hooliganism article of the administrative code in
    cases of domestic violence 4,800 times. Of these interventions, 7
    percent resulted in detentions of the assailant for up to 30 days and
    the remainder in fines payable to the state. At year's end 20 victims
    had received services, and 15 cases had been processed. The Government
    maintained a care facility for domestic violence and rape victims in
    the National Center for Trauma Treatment.
        There were no reliable statistics regarding the extent of domestic
    abuse; however, the National Center Against Violence (NCAV) estimated
    that approximately one in three women was subject to some form of
    domestic violence and one in 10 women was battered. A total of 484
    persons were convicted of domestic violence and given restraining
    orders during the year. However, the law fails to assign responsibility
    to particular agencies in the execution of restraining orders. As a
    result the women's legal association reported that restraining orders
    were poorly monitored and enforced. The law instructs that restraining
    orders be in effect only as long as the victims are in shelter, thus
    exposing them to danger upon their release.
        The NCAV stated that it provided temporary shelter to 437 persons
    at its six locations and provided psychological counseling to hundreds.
    The NCAV launched domestic violence prevention campaigns without
    governmental support. State and local governments financially supported
    the NCAV in providing services to domestic violence victims. The
    Ministry of Social Welfare and Labor (MSWL) provided approximately
    eight million tugrik ($6,440) to the NCAV for its shelter in
    Ulaanbaatar, and the Government welfare agencies provided an additional
    16 million tugrik ($12,880) to two shelter houses in Ulaanbaatar. The
    province of Selenge provided 2.3 million tugrik ($1,850) to the local
    shelter house.
        According to women's NGOs, sex tourism from South Korea and Japan
    remained a problem.
        There are no laws against sexual harassment. NGOs alleged there was
    a lack of awareness within society on what constituted inappropriate
    behavior, making it difficult to gauge the actual extent of the
    problem. An NHRC survey found that one of every two employed women
    under the age of 35 identified herself as a victim of workplace sexual
    harassment.
        Couples and individuals have the right to decide freely and
    responsibly the number, spacing, and timing of their children and have
    the information and means to do so free from discrimination. The
    Ministry of Health reported that 83 percent of pregnant women had
    access to childbirth services, prenatal care, essential obstetric care,
    and postpartum care in 2009. However, observers stated that public
    reproductive health-care facilities had long waiting times, a lack of
    confidentiality, and unprofessional treatment by medical personnel.
    According to data gathered by the UN, the 2008 estimated maternal
    mortality ratio was 65 deaths per 100,000 live births. The UN
    Population Division estimated that 66 percent of women or their
    partners used contraceptive methods. Women were equally diagnosed and
    treated for sexually transmitted infections, including HIV.
        The law provides men and women with equal rights in all areas,
    including equal pay for equal work and equal access to education. In
    most cases these rights were enjoyed in practice. The Gender Center for
    Sustainable Development reported that from 2000 to 2008, men who worked
    in managerial positions earned 22.8 percent more than women equivalent
    in rank, and men who worked as engineers had 45.4 percent higher
    salaries than their female counterparts.
        Women represented approximately half of the workforce, and a
    significant number were the primary wage earners for their families.
    The law prohibits women from working in certain occupations that
    require heavy labor or exposure to chemicals that could affect infant
    and maternal health, and the Government effectively enforced these
    provisions. Many women occupied midlevel positions in government and
    business or were involved in the creation and management of new trading
    and manufacturing businesses. The mandatory retirement age of 55 for
    women is five years lower than for men.
        Divorced women secured alimony payments under the family law, which
    details the rights and responsibilities regarding alimony and
    parenting. The former husband and wife evenly divided property and
    assets acquired during their marriage. In a majority of cases, the
    divorced wife retained custody of any children, but Monfemnet reported
    that divorced husbands often failed to pay child support without state
    penalty. Women's activists said that because businesses were usually
    registered under the husband's name, ownership was increasingly
    transferred automatically to the former husband.
        There was no separate government agency to oversee women's rights;
    however, there was the National Gender Center under the Prime
    Minister's Office, a national council to coordinate policy and women's
    interests among ministries and NGOs, and a division for women and youth
    concerns within the MSWL. In the parliament there was a Standing
    Committee on Social Policy, Education, and Science that focused on
    gender matters.

        Children.--Citizenship is derived from one's parents.
        Child abuse was a significant problem, principally in the forms of
    violence and sexual abuse. According to the Governmental National
    Center for Children, both problems were most likely to occur within
    families.
        Although against the law, the commercial sexual exploitation of
    children--involving those under 18 years of age--was a problem.
    According to NGOs there were instances wherein teenage girls were
    kidnapped, coerced, deceived, and forced to work as prostitutes. The
    minimum age for consensual sex is 16. Violators of the statutory rape
    law are subject to a penalty of up to three years in prison. The law
    prohibits the production, sale, or display of all pornography and
    carries a penalty of up to three months in prison. The country was not
    believed to be a destination for child sex tourism.
        Police raids freed some teenage victims of commercial sexual
    exploitation; however, NGOs claimed other police officers worked with
    procurers and brothel keepers. Teenage victims of sexual exploitation
    were often detained and punished for the crime of prostitution.
        Although society has a long tradition of raising children in a
    communal manner, societal and familial changes orphaned many children.
    Child abandonment was a problem; other children were orphaned or ran
    away from home as a result of parental abuse, much of it committed
    under the influence of alcohol. An MSWL official stated there were no
    effective legal deterrents for child abandonment.
        According to the MSWL, there were 41 temporary shelters and
    orphanages, seven fewer than in 2009 after inspections found them to be
    noncompliant with the standards adopted in 2008. The MSWL reported that
    there were six government-funded shelters, classifying the Address
    Identification Center (AIC) as a shelter. Of these, officials stated
    that facilities run by the AIC, National Center for Children, and
    Ulaanbaatar city government failed to meet the Government's standards
    for shelters. Approximately 1,500 children lived in shelters
    countrywide. In the winter an estimated 60 children, and in the summer
    hundreds of children, were estimated to be living on the street.
        Minors who ran away from or were lost or abandoned by their parents
    are brought to the police-run AIC in Ulaanbaatar for the purpose of
    reconnecting children with their families. With a capacity of 45, it
    was often overcrowded with as many as 70. Police officials stated that
    children of abusive parents were sent to shelters rather than back
    home, but some observers suggested that many youths were sent back to
    abusive parents. The AIC was unable to provide adequate medical
    attention to the children, many of whom could not access public health
    services for lack of an identification card. Officials stated that the
    state allocated 24,000 tugrik ($20) a month for all medical expenses
    despite officials' estimates that 80 percent of the entering children
    were sick, in many cases severely so. Since many of the children lacked
    their identification cards, public hospitals refused to provide those
    children even rudimentary treatment. The Law on the Provisional
    Detention of Homeless Children states that children should be kept in
    the AIC for no longer than seven days, yet in practice they were kept
    for up to 180 days. Children residing at the AIC for such long
    durations were not integrated into regular schools.
        The Government began implementation of a ``Road Home Program'' to
    provide educational and recreational activities for 35 children who
    were regular entrants to the AIC. All funding for this program came
    from outside donors.
        The country is not a party to the 1980 Hague Convention on the
    Civil Aspects of International Child Abduction.

        Anti-Semitism.--The Jewish population was very small, and there
    were no reports of anti-Semitic acts during the year.

        Trafficking in Persons.--For information on trafficking in persons,
    please see the Department of State's annual Trafficking in Persons
    Report at www.state.gov/g/tip.

        Persons With Disabilities.--The labor law prohibits discrimination
    in employment and education against persons with disabilities. At
    year's end the NHRC was investigating whether laws discriminate against
    persons with disabilities in health care or in the provision of other
    state services. The law defines the types of disabilities as including
    those concerning physical, sensory, and mental but not intellectual
    attributes. The Law on Social Protection of the Disabled gives
    provincial governors and the Ulaanbaatar governor the responsibility to
    implement measures to protect the rights of persons with disabilities.
    However, the Government did little to execute such measures, and in
    practice most persons with disabilities faced significant barriers to
    employment, education, and participation in public life.
        According to the Mongolian National Federation of Disabled Persons'
    Organizations (MNFDPO), there were an estimated 81,500 persons with
    disabilities over the age of 16 in the country, of whom 20 percent were
    employed. The Government provided tax benefits to enterprises that
    hired persons with disabilities. The law requires workplaces to hire
    one person with disabilities for every 25 employees or pay a fine.
    However, the law requires that disabled persons may work a maximum of
    36 hours a week before overtime, thus creating a disincentive for
    companies to employ them. Companies often chose to pay the small fine
    rather than fill the legal quota for disabled individuals. Furthermore,
    the Government itself failed to employ disabled individuals in the
    ratio required of employers.
        Persons injured in industrial accidents have the right to
    reemployment when ready to resume work, and the Government offered free
    retraining at a central technical school. The reemployment right was
    generally enforced in practice.
        In February a new law took effect mandating standards of physical
    access for persons with disabilities to newly constructed public
    buildings; however, by year's end the law had not been applied. One
    school newly constructed in Songino-Khairkhan District failed to meet
    the new regulations. Government buildings remained largely inaccessible
    to persons with disabilities. Public transportation was also largely
    inaccessible to such persons. Despite a new law introducing standards
    for road construction under which some textured sidewalks meant to aid
    visually impaired pedestrians were installed, the persistence of open
    manholes, protruding obstacles, and unheeded crosswalks prevented many
    persons with disabilities from moving freely.
        There were several specialized schools for youth with disabilities,
    but these students could also attend regular schools. However, in
    practice children with disabilities had limited access to education.
    The MNFDPO estimated that of 33,000 children with disabilities, 60
    percent failed to complete secondary education. Schools for individuals
    with disabilities could accommodate only 2,200 children.
        The law requires the Government to provide benefits according to
    the nature and severity of the disability. Although the Government
    generally provided benefits, the amount of financial assistance was
    low, and it did not reach all persons with disabilities. The MNFDPO
    stated that benefits were provided in an ad hoc manner, often failing
    to meet the actual demands of the recipients. According to the MNFDPO,
    of the 97,000 government-registered persons with disabilities, during
    the year approximately 42,000 received an allowance from the
    Government's Social Welfare Fund, and 46,000 persons received
    allowances from the Social Insurance Fund. The MNFDPO alleged that the
    employment support fund, a program targeted at persons with
    disabilities through local governments, was often misappropriated at
    the provincial level.
        Persons with disabilities could not fully participate in the
    political process. Little accommodation was made for such persons at
    polling stations, and there were no such representatives in the
    parliament. The MNFDPO estimated that in the 2009 presidential
    election, only 34 percent of the electorate with disabilities cast a
    ballot. Persons with sight and hearing disabilities had difficulty
    remaining informed about public affairs due to a lack of accessible
    broadcast media. The MNFDPO stated that less than 15 percent of
    broadcasting on the state-owned television channel had simultaneous
    sign language.
        The MNFDPO worked with the Government to encourage vocational
    education centers to work with children with disabilities so that they
    could eventually be capable of running small businesses. The
    Ulaanbaatar city government sponsored one factory staffed with
    approximately 70 blind individuals.

        Societal Abuses, Discrimination, and Acts of Violence Based on
    Sexual Orientation and Gender Identity.--Homosexual conduct is not
    specifically proscribed by law. However, Amnesty International and the
    International Lesbian and Gay Association criticized a section of the
    penal code that refers to ``immoral gratification of sexual desires,''
    arguing that it could be used against persons engaging in homosexual
    conduct. Such persons reported harassment and surveillance by police.
    Police took little or no action to apprehend ultranationalists who
    threatened, abducted, and committed acts of violence against members of
    the LGBT community.
        There were reports that individuals were assaulted in public and at
    home, denied service from stores and nightclubs, and discriminated
    against in the workplace based on their sexual orientation. There also
    were reports of abuse of persons held in police detention centers based
    on their sexual orientation.
        Some media outlets described gays and lesbians with derogatory
    terms and associated homosexual conduct with HIV/AIDS, pedophilia, and
    the corruption of youth.

        Other Societal Violence or Discrimination.--There was no official
    discrimination against those with HIV/AIDS; however, some societal
    discrimination existed. The public continued largely to associate HIV/
    AIDS with homosexual conduct, burdening victims with the attendant
    social stigma.
    Section 7. Worker Rights

        a. The Right of Association.--The law entitles workers to form or
    join independent unions and professional organizations of their
    choosing without previous authorization or excessive requirements, and
    the Government respected this right in practice. However, some legal
    provisions restrict these rights for groups such as foreign workers,
    public servants, and workers without employment contracts.
        Union officials estimated union membership of salaried individuals
    remained constant. No arbitrary restrictions limited who could be a
    union official, and officers were elected by secret ballot.
        The law provides for the right to strike. The Confederation of
    Mongolian Trade Unions (CMTU) reported that university administrators
    used pressure and threats to prevent the formation of unions among
    lecturers. The Federation of Mongolian Education and Science Unions
    also reported police harassment during an April 1 protest before
    Government House. Furthermore, a union leader for teachers in School 75
    of Khan-Uul District was fired for leading a one-day strike in April.
        The Government prohibits third parties from organizing a strike.
    Persons employed in essential services, which the Government defines as
    occupations critical for national defense and safety and including
    police, utility, and transportation, do not have the right to strike.
    The list of essential services appeared to comply with International
    Labor Organization guidelines.

        b. The Right to Organize and Bargain Collectively.--Laws protect
    collective bargaining, and these were effectively enforced. The law
    regulates relations among employers, employees, trade unions, and the
    Government. The Government's role is limited to ensuring that contracts
    meet legal requirements concerning hours and conditions of work. Wages
    and other conditions of employment are set between employers, whether
    state or private, and employees, with trade union input in some cases.
    The tripartite Labor Dispute Settlement Committee resolves disputes
    between workers and management. The Government does not allow
    intervention in collective bargaining by third parties.
        The law protects the right of workers to participate in trade union
    activities without discrimination, and the Government protected this
    right in general. Nevertheless, the administration failed to enforce a
    2009 court order requiring the compensation and rehiring of striking
    Aero Mongolia mechanics. After the Supreme Court ruled against it,
    Aero-Mongolia filed a new case during the year claiming the union to be
    illegal. The case remained on appeal at year's end. The fired mechanics
    reported being blacklisted as a result of their union activities.
        There are no export processing zones.

        c. Prohibition of Forced or Compulsory Labor.--The law specifically
    prohibits forced or compulsory labor, including by children; however,
    there were isolated reports that such practices occurred.
        The NHRC stated that military officials reportedly subjected
    subordinates to forced labor, such as cutting firewood, digging
    ditches, or working at construction sites owned by the superiors'
    friends or relatives.
        An estimated 524 North Korean laborers were employed in the fields
    of mining, factory work, utilities, transportation, construction,
    customer service, and health. There was concern that some North Korean
    workers were not free to leave their employment or complain about
    unacceptable work conditions.
        Also see the Department of State's annual Trafficking in Persons
    Report at www.state.gov/g/tip.

        d. Prohibition of Child Labor and Minimum Age for Employment.--The
    law prohibits children under the age of 16 from working, although those
    who are 14 or 15 years of age may work up to 30 hours per week with
    parental consent. Those under age 18 may not work at night, engage in
    arduous work, or work in hazardous occupations such as mining and
    construction. However, involuntary child labor occurred in the
    construction and mining (coal, gold, and fluorspar mineral) sectors,
    although largely if not exclusively in the informal, artisanal mining
    sector. Labor inspectors assigned to regional and local offices were
    responsible for enforcement of these prohibitions and all other labor
    regulations. Inspectors have the authority to compel immediate
    compliance with labor legislation, but enforcement was limited, due to
    the small number of labor inspectors and the growing number of
    independent enterprises.
        Children worked informally in petty trade and unauthorized small-
    scale mining as well as scavenging in dumpsites and herding animals.
    Widespread alcoholism and parental abandonment made it necessary for
    many children to support themselves. The National Center for Children
    estimated the number of children in the labor force as high as 77,000,
    although up to 90 percent of these children were involved in
    traditional animal husbandry, while only 1 percent were estimated to be
    involved in mining.
        International organizations continued to voice concern over child
    jockeys in horseracing. According to NHRC reports, more than 30,000
    child jockeys competed in horse races each year. Children commonly
    learn to ride horses at age four or five, and young children
    traditionally serve as jockeys during the national Naadam festival,
    where races range from two to nearly 20 miles. The state bans racing
    with child jockeys during the coldest period (October 18 through
    February 13), and there are regulations requiring adequate headwear.
    With increased NGO monitoring during horseracing events, there
    reportedly was greater adherence to these regulations.
        Also see the Department of State's annual Trafficking in Persons
    Report at www.state.gov/g/tip.

        e. Acceptable Conditions of Work.--The legal minimum wage was
    108,000 tugrik ($87) per month. This minimum wage, which applied to
    both public- and private-sector workers and was enforced by the Labor
    Ministry, did not provide a decent standard of living for a worker and
    family. Some workers received less than the minimum wage, particularly
    at smaller companies in rural areas. The minimum wage is reset annually
    by the MSWL in consultation with trade union representatives and
    employers.
        The standard legal workweek is 40 hours, and there is a minimum
    rest period of 48 hours between workweeks. For persons 14 and 15 years
    of age, the workweek is 30 hours; for individuals with disabilities and
    those 16 and 17 years of age, it is 36 hours. By law overtime work is
    compensated at either double the standard hourly rate or by giving time
    off equal to the number of hours of overtime worked. Pregnant women and
    nursing mothers are prohibited from working overtime by law. These laws
    generally were enforced in practice.
        There is no law mandating sick leave for workers. According to the
    Government, employers set their own rules in this regard.
        Laws on labor, cooperatives, and enterprises set occupational
    health and safety standards; however, enforcement of the standards was
    inadequate. The MSWL had an insufficient number of inspectors,
    according to the CMTU. Inspections were conducted both proactively and
    in response to complaints filed. A CMTU representative stated that
    fines imposed against companies not complying with labor standards were
    insufficient to induce management to resolve problems cited by
    inspectors. The near-total reliance on outmoded machinery and problems
    with maintenance and management led to frequent industrial accidents,
    particularly in the construction, mining, and power sectors. Workers
    have the right to remove themselves from situations that endanger
    health or safety without jeopardy to their employment, and authorities
    enforced this right.
        Foreign workers, the majority of whom were Chinese mining and
    construction workers, reportedly worked in conditions that did not meet
    government regulations. The MSWL did not monitor the working or living
    conditions of Chinese or North Korean laborers. Observers stated that
    North Korean laborers likely failed to receive the minimum wage.

                                   __________

                                     NAURU

        Nauru is a constitutional republic with a population of
    approximately 9,200. The most recent parliamentary elections, held in
    November, were generally free and fair. There were no formal political
    parties. The 18-member unicameral parliament reelected March Stephen as
    president. Security forces reported to civilian authorities.
        Few human rights problems were reported.
                            respect for human rights
    Section 1. Respect for the Integrity of the Person, Including Freedom
            From:

        a. Arbitrary or Unlawful Deprivation of Life.--There were no
    reports that the Government or its agents committed arbitrary or
    unlawful killings.

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

        c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
    Punishment.--The constitution prohibits such practices, and there were
    no reports that government officials employed them.

        Prison and Detention Center Conditions.--During the year a new
    prison compound was made operational, although minor completions
    remained ongoing at year's end. The only other prison in the country
    was damaged by fire in 2008 and closed when the new prison became
    operational. Prison conditions generally met international standards.
    The new facility could hold up to 60 prisoners at full capacity. The
    new facility houses a juvenile center, a women's prison, and a main
    prison. During the year there were 20 prisoners in detention, including
    one woman and no juveniles. There were also five pretrial detainees
    held in the same facility. Unlike in previous years, short-term
    detainees (those held for no more than 24 hours, generally for drunk
    and disorderly behavior), including juveniles, were accommodated in the
    low-risk area of the prison, instead of in cells made from converted
    shipping containers.
        Authorities permitted prisoners and detainees to submit complaints
    to judicial authorities through their families, lawyers, or directly
    with the officer in charge. All complaints were addressed by the
    officer in charge. If necessary, the police assist in the
    investigation. Government representatives made weekly visits to the
    correction center.
        The Government affirmed it would permit monitoring visits by
    independent human rights observers, but none were reported. Prison
    visits by church groups and family members were permitted.
        There was no ombudsman who could serve on behalf of prisoners and
    detainees. Prison authorities provided daily reports to the correction
    center management on the behavior of each prisoner. These reports were
    submitted to the Quarterly Remission Program, which could reduce a
    prisoner's sentence by a quarter of their total term based on good
    behavior. The recommendations were made by corrections center
    management to the Secretary for Justice, who issued final decisions.
    The program was also used to ensure prison terms were accurately
    monitored.

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

        Role of the Police and Security Apparatus.--Civilian authorities
    maintained effective control over the police, and the Government has
    effective mechanisms to investigate and punish abuse and corruption.
    There were no reports of impunity involving the security forces during
    the year.

        Arrest Procedures and Treatment While in Detention.--Arrests are
    made openly, based either on warrants issued by authorized officials or
    for proximate cause by a police officer witnessing a crime. Police may
    hold a person for no more than 24 hours without a hearing before a
    magistrate. There was a functioning bail system. The law provides for
    accused persons to have access to legal assistance, but in practice
    qualified assistance was not always readily available. Detainees were
    allowed prompt access to family members.

        e. Denial of Fair Public Trial.--The constitution provides for an
    independent judiciary, and the Government generally respected judicial
    independence in practice.

        Trial Procedures.--The constitution provides for the right to a
    fair trial, and an independent judiciary generally enforced this right.
    Procedural safeguards are based on English common law. They include the
    presumption of innocence; the right to be informed promptly of charges;
    the right to adequate time and facilities to prepare a defense; the
    right to confront witnesses, present evidence, and appeal convictions;
    the right to trial by jury; and a prohibition on double jeopardy and
    forced self-incrimination. Trials are public, defendants have the right
    to legal counsel, and a representative for the defense is appointed at
    public expense when required ``in the interest of justice.'' Bail and
    traditional reconciliation mechanisms rather than the formal legal
    process were used in many cases, usually by choice but sometimes under
    communal pressure. These rights were extended to all citizens without
    exception.

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

        Civil Judicial Procedures and Remedies.--There is an independent
    and impartial judiciary in civil matters, including access to a court
    to bring lawsuits seeking damages for, or cessation of, human rights
    violations.

        f. Arbitrary Interference With Privacy, Family, Home, or
    Correspondence.--The constitution and law prohibit such actions, and
    the Government generally respected these prohibitions in practice.
    Section 2. Respect for Civil Liberties, Including:

        a. Freedom of Speech and Press.--The constitution and law provide
    for freedom of expression, and the Government generally respected
    freedom of speech and of the press in practice.
        Although there were no government restrictions, there were few
    local independent media.

        Internet Freedom.--There were no government restrictions on access
    to the Internet or reports that the Government monitored e-mail or
    Internet chat rooms. Individuals and groups could engage in the
    peaceful expression of views via the Internet, including by e-mail.
        Internet facilities were available for public use for an affordable
    fee.
        According to the International Telecommunication Union, in 2009
    approximately 2.1 percent of the population had access to the Internet.
    However, the communal culture of the country allowed for ready sharing
    of such access, and the country gained broadband access in October.

        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 freedoms of assembly and association, and the Government
    generally respected these rights in practice.

        c. Freedom of Religion.--For a description of religious freedom,
    please see the Department of State's 2010 International Religious
    Freedom Report at www.state.gov/g/drl/irf/rpt

        d. Freedom of Movement, Internally Displaced Persons, Protection of
    Refugees, and Stateless Persons.--Neither the constitution nor the law
    specifically provides for freedom of movement within the country,
    foreign travel, emigration, and repatriation, but the Government
    generally respected these rights in practice. The Government cooperated
    with the Office of the UN High Commissioner for Refugees and other
    humanitarian organizations in providing protection and assistance to
    internally displaced persons, refugees, returning refugees, asylum
    seekers, stateless persons, and other persons of concern.
        Neither the constitution nor law prohibits forced exile; however,
    the Government did not use it.

        Protection of Refugees.--The country is not a party to the 1951
    Convention relating to the Status of Refugees and its 1967 Protocol.
    Its laws do not provide for the granting of asylum or refugee status,
    and the Government has not established a system for providing
    protection to refugees. There were no requests during the year for
    protection against the expulsion or return of refugees to countries
    where their lives or freedom would be threatened on account of their
    race, religion, nationality, membership in a particular social group,
    or political opinion.
    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 March 20, with
    parliament in a stalemate of nine members for the Government and nine
    members in the opposition, President Marcus Stephen called a general
    election two years into the three-year parliamentary term. The
    parliament indirectly elects the president, but the two factions have
    not been able to form a majority in the parliament.
        On April 24, the same 18 members were reelected, and the stalemate
    continued. The 19th Parliament was unable to form a new government, and
    on June 11, President Marcus Stephen declared a state of emergency and
    dissolved parliament. The state of emergency is an administrative
    measure enabling the Government in place to operate without a new
    parliamentary mandate, and it does not restrict individual or political
    freedoms. Another round of elections took place on June 19, which
    resulted in another hung parliament.
        On November 1, a third parliamentary election took place. The state
    of emergency was lifted after President Marcus Stephen was reelected,
    defeating opposition member Milton Dube, in free and fair elections.
    The stalemate was broken with a deal that made opposition leader and
    former president Ludwig Scotty speaker of the house.
        Political parties could operate without restriction or outside
    interference, but there were no formal parties.
        There are no legal impediments to participation in politics by
    women. However, women have traditionally been less prominent in
    politics than men. No women stood as candidates in the parliamentary
    elections. The country's dually accredited permanent representative to
    the UN and ambassador to the United States was a woman. Women held some
    senior civil service positions, including the head of the civil service
    and the presidential counsel.
        There were no members of minorities in the parliament or the
    cabinet. The country has a small and almost entirely homogenous
    Micronesian population.
    Section 4. Official Corruption and Government Transparency
        The law provides criminal penalties for official corruption, but
    there are no financial disclosure laws or specific government agencies
    responsible for combating government corruption. During the year there
    were some allegations of corruption surrounding the election campaign.
        There are no legal provisions for public access to government
    information, and the Government did not freely provide such access.
    Section 5. Governmental Attitude Regarding International and
            Nongovernmental Investigation of Alleged Violations of Human
            Rights
        The Government did not restrict establishment of local human rights
    organizations, but no such groups existed.
        The Government cooperated with international governmental
    organizations and permitted visits by UN representatives and other
    organizations.
    Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
        The constitution prohibits discrimination on the basis of race,
    place of origin, color, creed, or sex, and the Government generally
    observed these provisions.

        Women.--Rape is a crime punishable by up to life imprisonment.
    However, there was no information regarding the extent of rape or
    domestic violence. Police investigated all reports of rape thoroughly,
    and cases were vigorously prosecuted by the courts. Spousal rape is not
    specifically identified as a crime, but police investigated and filed
    charges when allegations of rape were made against a spouse.
        The Government kept no statistics on the incidence of physical or
    domestic abuse of women. However, credible reports from women's
    organizations indicated that sporadic abuse occurred, often aggravated
    by alcohol use. Families normally sought to reconcile such problems
    informally and, if necessary, communally. The police and judiciary
    treated major incidents and unresolved family disputes seriously.
        Some forms of sexual harassment are crimes, but sexual harassment
    was not a serious problem.
        Couples and individuals have the right to decide the number,
    spacing, and timing of their children. The Government-run medical
    system provided access to contraception and prenatal, obstetric, and
    postpartum care free of charge. A Department of Health survey on
    contraceptive use reported that 36 percent of surveyed married women
    used some form of contraception. There were no figures available
    regarding maternal mortality rates. Women and men had equal access to
    diagnostic services and treatment for sexually transmitted infections,
    including HIV.
        The law grants women the same freedoms and protections as men. The
    Government officially provides equal opportunities in education and
    employment, and women may own property and pursue private interests. In
    practice, however, societal pressures and the impoverished economic
    circumstances often limited opportunities for women to exercise these
    rights fully. The Women's Affairs Office was responsible for promoting
    professional opportunities for women.

        Children.--Citizenship is derived from one's parents. The
    constitution also provides for acquisition of citizenship by birth in
    the country in cases in which the person would otherwise be stateless.
        Government resources for education and health care for children
    were severely constrained by the economic crisis.
        Child abuse statistics were not compiled, but anecdotal evidence
    indicated that abuse occurred.
        The minimum age for consensual sex is 17 years. The penalty for
    unlawful carnal knowledge or attempted carnal knowledge of a girl under
    age 17 is six years' imprisonment. ``Indecent treatment'' of a girl
    under age 17 is a misdemeanor punishable by two years' imprisonment.
        The country is not a party to the 1980 Hague Convention on the
    Civil Aspects of International Child Abduction. For information on
    international child abduction, please see the Department of State's
    annual report on compliance at http://travel.state.gov/abduction/
    resources/congressreport/congressreport--4308.html

        Anti-Semitism.--There was no known Jewish community and no reports
    of anti-Semitic acts.

        Trafficking in Persons.--In 2009 there were no confirmed reports
    that persons were trafficked to, from, or within the country.

        Persons With Disabilities.--The law does not specifically prohibit
    discrimination against persons with disabilities. Nonetheless, there
    was no reported discrimination against persons with disabilities in
    employment, education, access to health care, or the provision of other
    state services. No legislation mandates services for persons with
    disabilities or access to public buildings. Department of Education
    teachers provided rudimentary classes for a small group of students
    with disabilities, which were held at a teacher's home, as no classroom
    was available.
        There is no government agency with specific responsibility for
    protecting the rights of persons with disabilities. There are no formal
    mechanisms to protect persons with mental disabilities.

        National/Racial/Ethnic Minorities.--Ethnic Chinese composed
    approximately 5 percent of the population. A pattern of petty theft,
    property damage, and assault directed at the ethnic Chinese community
    continued during the year. Police attributed most attacks on ethnic
    Chinese to economic motivations and noted a general trend of theft-
    related attacks on a few private businesses.

        Societal Abuses, Discrimination, and Acts of Violence Based on
    Sexual Orientation and Gender Identity.--Sodomy is illegal, but there
    were no reports of prosecutions directed at lesbian, gay, bisexual, or
    transgender persons. There were no reports of violence or
    discrimination against persons on the basis of sexual orientation or
    gender identity.

        Other Societal Violence or Discrimination.--There were no reports
    of violence or discrimination against persons based on HIV/AIDS.
    Section 7. Worker Rights

        a. The Right of Association.--The constitution provides for the
    right of citizens to form and belong to trade unions or other
    associations. However, the country lacks labor laws and formal trade
    unions. Historically, the transient nature of the mostly foreign
    workforce hampered efforts to organize trade unions. Several small
    associations, such as the Nauru Fishermen's Association, People's
    Movement Association, and Buada Lagoon Owners' Association, offer
    information on fisheries vocational skills and regulations.
        The right to strike is not protected, prohibited, or limited by
    law. There were no strikes during the year.

        b. The Right to Organize and Bargain Collectively.--Although there
    are no legal impediments, collective bargaining did not take place. A
    tiny private sector, mostly family-run stores and restaurants, employed
    approximately1percent of salaried workers. Salaries, working hours,
    vacation periods, and other employment matters for government workers
    are governed by public service regulations.
        There are no export processing zones.

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

        d. Prohibition of Child Labor and Minimum Age for Employment.--The
    law sets the minimum age of employment at 17. The Department of Human
    Resources and Labor is responsible for enforcing the law, which was
    respected by the only two significant employers: the Government and the
    phosphate industry. Some children under 17 worked in small family-owned
    businesses.

        e. Acceptable Conditions of Work.--The Government has a graduated
    salary system for public service officers and employees. At lower
    ranges the salaries did not provide a decent standard of living for a
    worker and family. There was no minimum wage for private-sector
    workers.
        By regulation the workweek in both the public and private sectors
    was 35 hours for office workers and 40 hours for manual laborers.
    Neither the law nor regulations stipulate a weekly rest period;
    however, most workers observed Saturdays and Sundays as holidays. There
    were provisions for premium overtime pay only for public-sector
    workers.
        The Government sets some health and safety standards, which the
    Department of Human Resources and Labor is responsible for enforcing.
    The phosphate industry had a history of workplace health and safety
    requirements and compliance, but with the decline of the industry,
    enforcement of these regulations was lax. A gradual revival of the
    industry, which continued during the year, was accompanied by
    accusations that unfiltered dust discharge from the phosphate plant
    exposed workers and the surrounding communities to a significant health
    hazard. The Government did not act to eliminate the problem, citing
    high costs. Workers have the right to remove themselves from situations
    that endanger health or safety without jeopardy to their employment.

                                   __________

                                  NEW ZEALAND

        New Zealand is a parliamentary democracy with a population of
    approximately 4.3 million. Citizens choose their representatives in
    free and fair multiparty elections, most recently held in 2008 when the
    National Party won 58 parliamentary seats and formed a minority
    coalition government with John Key as the prime minister. Security
    forces reported to civilian authorities.
        There were reports that indigenous persons disproportionately
    experienced societal problems and that ethnic minority individuals
    experienced 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.

        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 monitoring visits by independent human rights
    observers.
        On March 1, fellow inmates allegedly killed a prisoner at Auckland
    Prison. Authorities charged three men with murder and a fourth as an
    accessory and scheduled all four for a jury trial in Auckland in May
    2011. The family complained that supervision at the prison was
    inadequate.
        At year's end the prison population was 8,423. Of these, 525 were
    female, 524 were between the ages of 15 and 19, and 4,240
    (approximately half) were prisoners of Maori descent. Male and female
    prisoners were held in separate prison facilities under equivalent
    conditions.
        Persons accused of a crime who are 17 years of age or older are
    tried as adults and, if convicted, sent to adult prisons. Juvenile
    correctional facilities hold prisoners who are younger than 17.
        Authorities allow prisoners at least one personal visit each week
    for a minimum of 30 minutes, permit religious observance, and allow
    them to make uncensored complaints to statutory inspectors or to the
    ombudsmen. The Ombudsmen Office reports to Parliament annually on its
    findings. The law provides for specified rights of inspection,
    including those by members of Parliament (MPs) and justices of the
    peace, and information was publicly available on complaints and
    investigations, subject to the provisions of privacy legislation.
        The law requires prison facilities to be inspected to ensure that
    they meet minimum standards, and improvements were made when
    deficiencies were identified.

        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 police, and the Government has
    effective mechanisms to investigate and punish abuse and corruption.
    There were no reports of impunity involving security forces during the
    year.

        Arrest Procedures and Treatment While in Detention.--A court-issued
    warrant is usually necessary to make an arrest, but police may arrest a
    suspect without a warrant if there is reasonable cause. Police officers
    may enter premises without a warrant to arrest a person if they
    reasonably suspect the person of committing a crime on the premises or
    have found the person committing an offense and are in pursuit. Police
    must inform arrested persons immediately of their legal rights and the
    grounds for their arrest.
        After arresting and charging a suspect, police may release the
    person on bail until the first court appearance. Court bail is granted
    after the first court appearance, unless there is a significant risk
    that the suspect would flee, tamper with witnesses or evidence, or
    commit a crime while on bail. Police do not normally grant bail for
    more serious offenses such as assault or burglary. Authorities granted
    family members prompt access to detainees and allowed detainees prompt
    access to a lawyer of their choice and, if indigent, to a lawyer
    provided by the Government.

        e. Denial of Fair Public Trial.--The law provides for an
    independent judiciary, and the Government generally respected judicial
    independence in practice.

        Trial Procedures.--The law provides for the right to a fair trial,
    and an independent judiciary generally enforced this right. Defendants
    enjoy the rights found in other common-law jurisdictions, including a
    presumption of innocence, a right to a jury trial, a right of appeal,
    and the rights to counsel, to question witnesses, and to access
    government-held evidence. The law extends these rights to all citizens.
    A lawyer is provided at public expense if the defendant cannot afford
    counsel.

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

        Civil Judicial Procedures and Remedies.--There is an independent
    and impartial judiciary in civil matters, which includes access to the
    Human Rights Review Tribunal and other courts to bring lawsuits seeking
    damages and other remedies for alleged human rights abuses. There are
    also administrative remedies for alleged wrongs through the Human
    Rights Commission (HRC) and the Office of Human Rights Proceedings.

        f. Arbitrary Interference With Privacy, Family, Home, or
    Correspondence.--The law prohibits such actions, and the Government
    generally respected these prohibitions in practice.
    Section 2. Respect for Civil Liberties, Including:

        a. Freedom of Speech and Press.--The law provides for freedom of
    speech and of the press, and the Government generally respected these
    rights in practice. An independent press, an effective judiciary, and a
    functioning democratic political system combined to ensure freedom of
    speech and of the press.

        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, with usage listed by the
    International Telecommunication Union as 84 individuals per 100
    inhabitants in 2009.

        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.--For a complete description of religious
    freedom, please see the 2010 International Religious Freedom Report at
    www.state.gov/g/drl/irf/rpt

        d. Freedom of Movement, Internally Displaced Persons, Protection of
    Refugees, and Stateless Persons.--The law provides for freedom of
    movement within the country, foreign travel, emigration, and
    repatriation, and the Government generally respected these rights in
    practice. The Government cooperated with the Office of the UN High
    Commissioner for Refugees and other humanitarian organizations in
    assisting refugees and asylum seekers.
        There is no statutory authority for imposing a sentence of exile,
    and the Government did not practice forced exile.

        Protection of Refugees.--The country's laws provide for the
    granting of asylum or refugee status, 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
    on account of their race, religion, nationality, membership in a
    particular social group, or political opinion. The Government also
    provided temporary protection to individuals who may not qualify under
    the definition of the 1951 UN Convention relating to the Status of
    Refugees and its 1967 Protocol until their status was determined and
    action taken.
        During the year the country handled five stateless persons' cases,
    in all of which the individuals claimed refugee status. In the case of
    a Kuwaiti pending at the end of 2009, authorities granted the
    individual refugee status. Authorities also opened four new cases
    involving three Kuwaitis and one Palestinian. The Government granted
    refugee status to the Palestinian and two of the Kuwaitis; the third
    Kuwaiti's case remained pending at year's end.
    Section 3. Respect for Political Rights: The Right of Citizens to
            Change Their Government
        The law provides citizens the right to change their government
    peacefully, and citizens exercised this right in practice through
    periodic, free, and fair elections held on the basis of universal
    suffrage.

        Elections and Political Participation.--In the most recent general
    elections, held in 2008, the National Party won 58 of 122 parliamentary
    seats and formed a minority government in coalition with the ACT Party
    and the United Future Party. The National-led government also had a
    cooperation agreement with the Maori Party; under the terms of the
    cooperation agreement, the National Party abandoned its opposition to
    Maori-designated parliamentary seats. A good working relationship
    existed between the Maori Party and the National Party government.
    Three other parties were represented in Parliament: Labour, Green, and
    Progressive.
        Women participated fully in political life. There were 41 women
    among the 122 MPs and eight women on the executive council, which is
    composed of 28 ministers (20 within the cabinet and eight outside). The
    chief justice of the Supreme Court was a woman. There was one woman in
    the 24-seat parliament of the Associated State of the Cook Islands
    following national elections on November 17 and four women in the 20-
    seat parliament of the Associated State of Niue.
        Seven seats in Parliament are reserved for persons of Maori
    ancestry. The number of Maori seats is adjusted every five years, based
    on the number of persons who register to vote on the Maori electoral
    roll. Persons of Maori ancestry can also become MPs by election or
    appointment to non-Maori conventional seats.
        There were 20 Maori members, six members of Pacific Island descent,
    and six members of Asian descent in Parliament. The cabinet included at
    least three members of Maori ancestry.
    Section 4. Official Corruption and Government Transparency
        The law provides criminal penalties for official corruption, and
    the Government generally implemented these laws effectively. There were
    isolated reports of government corruption during the year. Efforts to
    combat corruption and prosecution of corruption cases are handled
    through the Ministry of Justice and the independent Serious Fraud
    Office.
        The law requires MPs, including all ministers, to submit an annual
    report of financial interests, which is then disclosed publicly. Career
    civil servants are not subject to this requirement but are subject to
    ethics standards established by the State Services Commission.
        The law provides for public access to government information,
    including access for noncitizens and foreign media, to be provided
    within 20 working days of a request, and the Government generally
    adhered to the law in practice. Information must be made available
    unless a good reason, such as concern for national security, exists for
    not doing so; the Government did not abuse this provision. The
    requester must be given an estimate of any fees before the information
    is provided.
    Section 5. Governmental Attitude Regarding International and
            Nongovernmental Investigation of Alleged Violations of Human
            Rights
        A number of domestic and international human rights groups
    generally operated without government restriction, investigating and
    publishing their findings on human rights cases. Government officials
    were cooperative and responsive to their views.
        The Ministry of Justice funds the active HRC, which operated as an
    independent agency without government interference. The commission had
    a staff of 60 and adequate resources to perform its mission. It
    submitted more than 60 legal and policy interventions during the year
    ending June 30, and the Government responded to its recommendations,
    which led to several law changes. The HRC was considered effective, and
    public confidence in it was high.
        The Office of the Ombudsmen, an organization responsible to
    Parliament but independent of the Government, is charged with
    investigating complaints about the administrative acts, decisions,
    recommendations, and omissions of national- and local-government
    agencies; inspecting prisons; and following up on prisoner complaints.
    The office enjoyed government cooperation, operated without government
    or party interference, was adequately resourced, and was considered
    effective and trusted by the public. The office produced a wide variety
    of reports for the Government that were available on its Web site
    www.ombudsmen.parliament.nz.
    Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
        The law prohibits discrimination on the basis of race, sex,
    disability, age, and national or ethnic origin, and the Government
    actively enforced these prohibitions.

        Women.--Violence against women affected all socioeconomic groups.
    The law criminalizes rape, including spousal rape. The maximum penalty
    is 20 years' imprisonment; however, indefinite detention may occur in
    cases where the parole board during its annual review believes that the
    prisoner continues to pose a continuing threat to society. (The
    Ministry of Justice reported no such cases during the July 2009 through
    June 2010 period.) During the July 2009-June 2010 period, police
    recorded 2,961 ``sexual attacks'' that resulted in 1,362 prosecutions,
    an increase compared with 2,364 sexual attacks and 1,127 prosecutions
    during the previous comparable period. In 2009 police recorded 21
    offenses of spousal rape with 19 convictions and 77 charges of unlawful
    sexual connection with a spouse with 73 convictions.
        The Government's Task Force for Action on Violence Within Families
    continued to coordinate a variety of government initiatives to
    eliminate family violence, including its Te Rito program, a national
    strategy to address all forms and degrees of domestic violence.
        Police were responsive when domestic violence was reported. The
    Government partially funded women's shelters, rape crisis centers,
    sexual abuse counseling, family violence networks, and violence
    prevention services.
        The law prohibits sex tourism. The Government prosecuted in New
    Zealand sexual offenses committed abroad, based upon evidence
    collected, including photographs confiscated from the accused upon
    reentry into the country.
        The law prohibits sexual harassment and provides civil penalties.
    However, sexual contact induced by certain threats may also fall under
    the criminal code, with a maximum 14-year prison sentence. The HRC
    published fact sheets on sexual harassment and made sexual harassment
    prevention training available to schools, businesses, and government
    departments on a regular basis.
        The Government recognized the basic right of couples and
    individuals to decide freely and responsibly the number, spacing, and
    timing of their children, and granted access to information on
    reproductive health free from discrimination, coercion, or violence.
    The Government does not limit access to male contraception, and female
    contraception is available without parental consent to women 16 years
    and older. According to UN Population Fund data and the Population
    Reference Bureau, the country's estimated maternal mortality ratio in
    2008 was 14 deaths per 100,000 live births with a woman's lifetime risk
    of maternal death of one in 3,800. The UN estimated contraceptive use
    among married women ages 15-49 at 75 percent. Skilled healthcare for
    women was widely available. Women and men were equally diagnosed and
    treated for sexually transmitted infections, including HIV.
        The Ministry of Women's Affairs addresses problems of
    discrimination and gender equality, and there is a minister of women's
    affairs in the cabinet. The HRC has an equal opportunity employment
    team that focuses on workplace gender problems. This team regularly
    surveys pay scales, conducts a census of women in leadership roles, and
    actively engages public and private employers to promote compensation
    equality.
        While the law prohibits discrimination in employment and in rates
    of pay for equal or similar work, the Government acknowledged that a
    gender earnings gap persisted in practice. According to June 2009
    Department of Labor (DoL) survey statistics, women earned more than 89
    percent of the average hourly earnings for men.

        Children.--Children born in the country attain citizenship if
    either parent is a citizen or legal permanent resident of the country.
    Children born outside of the country attain citizenship if either
    parent is a citizen born in the country.
        Cases of child abuse and neglect increased over previous years, but
    according to the Ministry of Justice, it remained unclear whether this
    trend identified in 2008 reflected higher levels of abuse and neglect,
    or whether lower community tolerance stimulated increased reporting.
    The Government promoted information sharing between the courts and
    health and child-protection agencies to identify children at risk of
    abuse. The Office of the Commissioner for Children played a key role in
    monitoring violence and abuse against children.
        Commercial sexual exploitation of children remained a problem. A
    2007 nationwide study found that 1.3 percent of 772 surveyed sex
    workers were underage. When discovered, law enforcement authorities
    arrested and prosecuted the violators. Citizens who commit child sex
    offenses overseas may be prosecuted in New Zealand courts. The law
    makes it an offense punishable by seven years' imprisonment to assist a
    person under 18 years of age in providing commercial sexual services;
    to receive earnings from commercial sexual services provided by a
    person younger than 18; or to contract for commercial sexual services
    from, or be a client of, a person under 18. The law also makes it an
    offense to deal in individuals younger than 18 for sexual exploitation
    or engagement in enforced labor. The penalty for a person who sells,
    buys, transfers, barters, rents, hires, or in any other way enters into
    a dealing or takes an action involving a person under 18 for the
    purposes of sexual exploitation or enforced labor is 14 years'
    imprisonment.
        On August 18, a court found a New Plymouth brothel owner guilty of
    charges from 2008 of employing a 15-year-old girl as a prostitute in
    2005 and scheduled sentencing in January 2011.
        A 2007 prosecution in Christchurch relating to underage
    prostitution resulted in a conviction on December 10 and a sentence of
    six months' home detention and 200 hours' of community work.
        The Government developed in concert with NGOs a national plan of
    action against the commercial exploitation of children and operated
    programs to reintegrate children out of prostitution through vocational
    training and educational opportunities.
        The law provides that any person who has a sexual connection with a
    person younger than 16 years of age is liable to imprisonment for a
    term not exceeding 10 years. However, no person may be convicted of
    such a charge if he or she was married to the young person concerned at
    the time.
        The law prohibits child pornography and provides for a NZ$10,000
    (approximately $7,500) fine of an individual, and NZ$30,000 ($22,500)
    of a body corporate, if a person makes, imports, supplies, distributes,
    possesses for supply, displays, or exhibits an objectionable
    publication. The law also provides a penalty of 10 years' imprisonment
    or a NZ$200,000 ($150,000) fine of a body corporate if a person commits
    such an act knowing that the publication is objectionable. Possession
    of objectionable material is also an offense punishable by a NZ$2,000
    fine ($1,500) for an individual and NZ$5,000 ($3,750) for a body
    corporate. A person possessing objectionable material and knowing it is
    objectionable is liable to a penalty of 5 years' imprisonment or a
    NZ$50,000 ($37,500) fine for an individual or a NZ$100,000 ($75,000)
    fine for a body corporate. It constitutes an aggravating factor to be
    taken into account in sentencing if the publication promotes or
    supports exploitation of children or young persons for sexual purposes,
    deals with sexual conduct with or by children or young persons, or
    exploits nudity of children or young persons.
        The Department of Internal Affairs Censorship Compliance Unit
    actively policed images of child sex abuse on the Internet and
    prosecuted offenders. The Government maintains extraterritorial
    jurisdiction over child sex offenses committed by the country's
    citizens abroad.
        The country is a party to the 1980 Hague Convention on the Civil
    Aspects of International Child Abduction. For information on
    international parental child abduction, please see the Department of
    State's annual report on compliance at http://travel.state.gov/
    abduction/resources/congressreport/congressreport--4308.html as well as
    country-specific information at http://travel.state.gov/abduction/
    country/country--3781.html.

        Anti-Semitism.--The Jewish community numbered approximately 7,000.
    Anti-Semitic incidents were rare.

        Trafficking in Persons.--For information on trafficking in persons,
    please see the Department of State's annual Trafficking in Persons
    Report at www.state.gov/g/tip.

        Persons With Disabilities.--The law prohibits discrimination
    against persons with disabilities in employment; education; access to
    places and facilities; and the provision of goods, services, housing,
    and accommodation. During the year the HRC received 357 disability-
    related complaints which represented 27 percent of the total complaints
    received. Compliance with access laws varied. The Government is
    prohibited from discriminating on the basis of physical, sensory,
    intellectual, or mental disability, unless such discrimination can be
    ``demonstrably justified.''
        The Government supported equal access for persons with disabilities
    to polling facilities.
        The Government's Office for Disability Issues worked to protect and
    promote the rights of persons with disabilities. In addition, during
    the year both the HRC and the Mental Health Commission continued to
    address mental health problems in their antidiscrimination efforts.
        In its December report, the HRC identified areas in which the
    Government made progress in implementing the Convention on the Rights
    of Persons with Disabilities. One highlighted area receiving complaints
    was public land transport; an HRC inquiry found it to be
    ``significantly less available, less accessible, less affordable, and
    less acceptable'' to persons with disabilities than to others. During
    the year the Government undertook initiatives to improve accessibility
    to public land transport, although the Government stated that gaps
    remained.

        National/Racial/Ethnic Minorities.--Pacific Islanders, who made up
    7 percent of the population, experienced societal discrimination. The
    Ministries of Justice and Pacific Island Affairs had a program to
    identify gaps in delivery of government services to Pacific Islanders.
        Asians, who made up 10 percent of the population, also reported
    some societal discrimination. The Government mandates a Race Relations
    Commissioner who developed a Diversity Action Program aimed at the
    Maori, Pacific Island, and Asian communities. The program includes an
    annual Diversity Forum to eliminate race-based discrimination that was
    widely attended and considered effective.

        Indigenous People.--Approximately 15 percent of the population
    claimed at least one ancestor from the country's indigenous Maori
    minority. The law prohibits discrimination against the indigenous
    population. However, there was a continuing pattern of disproportionate
    numbers of Maori on unemployment and welfare rolls, in prison, among
    school dropouts, in infant mortality statistics, and among single-
    parent households.
        Maori constituted approximately half of the prison population and
    42 percent of persons serving community-based sentences. The
    Government, along with community partners, implemented several programs
    and services to reduce Maori recidivism and overrepresentation in the
    criminal justice system.
        Government policy recognized a special role for indigenous persons
    and their traditional values and customs, including cultural and
    environmental problems that affected commercial development. The
    Ministry of Maori Development, in cooperation with several Maori NGOs,
    sought to improve the status of indigenous persons.
        A 2004 law regulates ownership of the foreshore (the land between
    high and low tide) and the seabed. The law grants ownership of the
    foreshore and seabed to the state; provides for universal public
    access; and establishes a mechanism to accommodate customary indigenous
    rights of land use, including preservation of existing fishing rights.
    The law continued to be the focus of protests by Maori groups asserting
    customary title to the land and by non-Maori groups opposing such
    claims. In addition various Maori leaders expressed differing views.
    After a leader of the Maori Party, which cooperated with the National
    Party-led government, introduced a bill repealing the law on September
    15, a parliamentary select committee undertook to consult publicly and
    report in early 2011.
        During the year the Government settled two Maori claims related to
    the 1840 Treaty of Waitangi, the country's founding document. By year's
    end six additional groups signed deeds of settlement and were awaiting
    legislation to make their deeds unconditional, and 36 other groups were
    in various stages of negotiations with the Government. The Government
    Web site found at http://www.ots.govt.nz continued to enable the public
    to monitor treaty-settlement progress.
        The Land and Water Forum (also known as the Land and Water Trust)
    met in October and November to identify shared outcomes and goals for
    freshwater and related land management. Maori Iwi (tribes) and trust
    organizations actively participated in forum meetings, although
    indigenous Maori rights and interests in freshwater resources are also
    covered elsewhere.
        Seventeen of the cases involving individuals investigated in 2005
    and arrested in 2007, some of whom were Maori, remained pending at
    year's end with trials on various weapons charges expected in 2011.

        Societal Abuses, Discrimination, and Acts of Violence Based on
    Sexual Orientation and Gender Identity.--The law prohibits abuse,
    discrimination, and acts of violence based upon sexual orientation and
    gender identity, and the Government generally enforced the law. During
    the year the HRC received 187 discrimination complaints relating to
    gender or sexual orientation (14 percent of all complaints). The
    Ministry of Justice received no reports of societal violence or
    discrimination based on sexual orientation.
        On December 10, a court sentenced two men to nine and one-half
    years and 10 years in prison, respectively, for the manslaughter of a
    transsexual in 2009. One prison term was longer, because the court
    determined the offense to be a hate crime.

        Other Societal Violence or Discrimination.--The law prohibits
    violence or discrimination against persons with HIV/AIDS, and there
    were no such cases reported.
    Section 7. Worker Rights

        a. The Right of Association.--The law provides workers in public
    and private sectors the right to form and join organizations of their
    choice without previous authorization or excessive requirements, and
    the law was applied. Nearly all unionized workers were members of
    unions affiliated with the Council of Trade Unions, a federation that
    included unions representing various trades and locations. A few small,
    nonaffiliated labor unions also existed. According to DoL statistics
    published in March 2009, unions represented 17 percent of all wage
    earners.
        The law allows unions to conduct their activities without
    government interference, including the right to strike, and this right
    was exercised in practice. Labor organization in the territory of
    Tokelau (population approximately 1,470) was limited and based on
    communal decision making and activity. In Niue, a self-governing
    country in free association with New Zealand (population 1,625), the
    dominant public sector (422 positions) had an active public-service
    association. In the Cook Islands, also a self-governing country in free
    association with New Zealand (official population 21,000; resident
    population 13,000), most workers in the public sector, the major
    employer, belonged to the Cook Islands Workers' Association, an
    independent local union. Industrial relations in the Cook Islands are
    governed by a simplified version of New Zealand's national legislation.
        The law prohibits sworn police officers (which includes all
    uniformed and plainclothes police but excludes clerical and support
    staff) from striking or taking any form of industrial action. Disputes
    that cannot be settled by negotiation between the police association
    and management are subject to compulsory, final-offer arbitration.
    Strikes by providers of ``key services'' are subject to certain
    procedural requirements, including mandatory notice of three to 14
    days, depending on the service involved. Key services include:
    production, processing, and supply of petroleum products; production
    and supply of electricity, water, and sewer services; emergency fire
    brigade and police services; ambulance and hospital services;
    manufacturing of certain pharmaceuticals and dialysis solutions;
    operation of residential welfare or penal institutions; airport and
    seaport operations; and dairy production operations. The listing of
    some of these sectors is based on broader criteria than the
    International Labor Organization's definition of ``essential
    services.''
        In response to potential industrial unrest, an October amendment to
    labor law, according to the DoL, clarified and confirmed the employment
    status of film-production workers to reflect that working relationships
    in that industry are predominantly (but not exclusively) contract
    based. While the legislation defines workers in the film industry who
    are not employees as independent contractors but does not prevent film-
    production-company employees from joining unions and bargaining
    collectively, it does take away the court's ability to determine the
    type of work arrangement in the screen film industry (regardless of the
    actual work arrangement). Unions joined screen actors in protest of the
    result.
        A labor law amendment during the year extends the ability of
    employers and employees to agree to trial periods of 90 days or less
    for all employers, during which employees are not permitted to raise a
    personal grievance for unjustified dismissal (a provision that drew
    union criticism). However, employees may raise a personal grievance on
    the grounds of sexual or racial harassment, discrimination, or
    unjustified disadvantage. If an employment relationship problem arises
    during the trial period, the employee and the employer may access
    mediation services. Designed to improve labor-market flexibility and
    encourage employment of new staff members, particularly from groups
    that faced higher levels of labor-market disadvantage, the amendment
    was scheduled to become effective in 2011.
        The Employment Court has full and exclusive jurisdiction in matters
    related to strikes or lockouts and may issue an injunction to prevent a
    strike or lockout. The DoL also offers mediation in such cases.

        b. The Right to Organize and Bargain Collectively.--The law
    provides for the right of workers to organize and contract collectively
    through unions, and workers exercised this right in practice. The law
    governs industrial relations and promotes collective bargaining. To
    bargain collectively, unions must be registered, be governed by
    democratic rules, be independent, and have at least 15 members. Unions
    may not bargain collectively on social or political issues.
        The law prohibits uniformed members of the armed forces from
    organizing unions and bargaining collectively. However, police have
    freedom of association and the right to organize and bargain
    collectively.
        There were no special laws or exemptions from regular labor laws in
    export processing zones.

        c. Prohibition of Forced or Compulsory Labor.--The law prohibits
    forced or compulsory labor, including by children, and the Government
    generally enforced these provisions effectively. There were no reports
    of forced labor during the year.

        d. Prohibition of Child Labor and Minimum Age for Employment.--DoL
    inspectors effectively enforced a ban on the employment of children
    under the age of 15 in hazardous industries such as manufacturing,
    mining, and forestry. Children under age 16 may not work between the
    hours of 10 p.m. and 6 a.m. By law children enrolled in school may not
    be employed, even outside school hours, if such employment would
    interfere with their education.

        e. Acceptable Conditions of Work.--On April 1, the Government
    increased the minimum hourly wage to NZ$12.75 (approximately $9.55).
    Combined with other regularly provided entitlements and welfare
    benefits for low-income earners, this wage generally was adequate to
    provide a decent standard of living for a worker and family. In
    addition, the new entrants' wage for 16- to 17-year-old workers was
    increased to NZ$10.20 (approximately $7.65) for nonsupervisory workers
    with less than three months or 200 hours of employment. A majority of
    the work force earned more than the minimum wage.
        A 40-hour workweek is traditional. There are legal limits regarding
    hours worked and premium pay for overtime work. The law does not
    provide specifically for a 24-hour rest period weekly; however,
    management and labor have accepted the practice, and it is the norm.
    The law provides for a minimum four-week annual paid vacation and 11
    paid public holidays. Employees who work on a paid holiday are entitled
    to time and a half for that day and a day off with pay on another date.
    The armed forces are exempted from this benefit.
        Employees are accorded by law one paid 10-minute rest break during
    a two- to four-hour work period, one paid 10-minute rest break and one
    unpaid 30-minute meal break during a four- to six-hour work period, and
    two paid 10-minute rest breaks and one unpaid 30-minute meal break
    during a six- to eight-hour shift.
        The law allows companies with 19 or fewer employees to hire new
    workers for a trial period of up to 90 calendar days. Employers are
    permitted to dismiss such new employees during this period without
    cause as long as the decision is not based upon illegal discrimination.
        The DoL is responsible for enforcing laws governing work
    conditions. During the year the DoL received 9,246 health- or safety-
    related employment complaints and 2,404 miscellaneous employment
    complaints, and by year's end it completed 4,654 and 2,107
    investigations of those complaints, respectively.
        The Government mandates employers to provide health insurance for
    their seasonal workers.
        Extensive laws and regulations govern health and safety issues.
    Employers are obliged to provide a safe and healthy work environment,
    and employees are responsible for their own safety and health, as well
    as ensuring that their actions do not harm others.
        Workers have the legal right to strike over health and safety
    issues, as well as the right to withdraw from a dangerous work
    situation without jeopardy to continued employment. DoL inspectors
    effectively enforced safety and health rules, and they had the power to
    shut down equipment if necessary. The DoL normally investigated reports
    of unsafe or unhealthy working conditions within 24 hours of
    notification.

                                   __________

                                     PALAU

        Palau is a constitutional republic with a population of
    approximately 20,800. The president, vice president, and members of the
    legislature (the Olbiil Era Kelulau) are elected for four-year terms.
    There are no political parties. In the generally free and fair
    elections held in November 2008, Johnson Toribiong was elected
    president. Security forces reported to civilian authorities.
        Problems were reported in the following areas: government
    corruption, domestic violence, trafficking in persons, and
    discrimination and abuse of foreign workers.
                            respect for human rights
    Section 1. Respect for the Integrity of the Person, Including Freedom
            From:

        a. Arbitrary or Unlawful Deprivation of Life.--There were no
    reports that the Government or its agents committed arbitrary or
    unlawful killings.

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

        c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
    Punishment.--The law prohibits such practices, and there were no
    reports that government officials employed them.

        Prison and Detention Center Conditions.--Conditions in the
    country's sole prison, although primitive, generally met international
    standards. Overcrowding remained a problem. There were 79 prisoners,
    including four women.
        The few female prisoners were held in separate cells but were
    permitted to mingle with male inmates during daylight hours.
        Prisoners had access to visitors and held religious observance.
    They were permitted to file complaints, and authorities investigated
    allegations of mistreatment. Authorities also monitored prison
    conditions.
        No visits by independent human rights observers were requested or
    made during the year. The Government does not have an ombudsman;
    however, officials took measures to alleviate overcrowding through a
    work-release program and other programs allowing prisoners to take
    academic courses at a local community college; provided separate
    confinement for juveniles; and had established procedures for
    recordkeeping. Prisoners and detainees could raise problems through
    private attorneys or court appointed attorneys.

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

        Role of the Police and Security Apparatus.--The civilian
    authorities maintained effective control over the national police and
    marine police in Koror and Peleliu states. The Government has effective
    mechanisms to investigate and punish abuse and corruption. Corruption
    and impunity were not major problems.

        Arrest Procedures and Treatment While in Detention.--The law
    requires warrants for arrests. Warrants are prepared by the Office of
    the Attorney General and signed by a judge. The law provides for a
    prompt judicial determination of the legality of detention, and this
    was observed in practice. Detainees were informed promptly of the
    charges against them and had prompt access to family members and
    lawyers. If a detainee could not afford a lawyer, the public defender
    or a court-appointed lawyer was available. There was a functioning
    system of bail.

        e. Denial of Fair Public Trial.--The law provides for an
    independent judiciary, and the Government generally respected judicial
    independence in practice.

        Trial Procedures.--The law provides for the right to a fair trial,
    and an independent judiciary generally enforced this right. The
    Government has an independent public defender system.
        Trials are public and are conducted by judges; there are no juries.
    A 2008 amendment to the constitution changed the law to provide for
    trial by jury, but the amendment had not been instituted due to lack of
    funding. Defendants enjoy a presumption of innocence and a right of
    appeal. They can question witnesses, present evidence on their own
    behalf, and access government-held evidence in their cases. The law
    extends these rights to all citizens.

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

        Civil Judicial Procedures and Remedies.--There is an independent
    and impartial judiciary in civil matters for lawsuits involving
    allegations of human rights violations.

        f. Arbitrary Interference With Privacy, Family, Home, or
    Correspondence.--The law prohibits such actions, and the Government
    generally respected these prohibitions in practice.
    Section 2. Respect for Civil Liberties, Including:
        a. Freedom of Speech and Press.--The law provides for freedom of
    speech and of the press, and the Government generally respected these
    rights in practice. An independent press, an effective judiciary, and a
    functioning democratic political system combined to ensure freedom of
    speech and of the press.

        Internet Freedom.--There were no government restrictions on access
    to the Internet or reports that the Government monitored e-mail or
    Internet chat rooms. Individuals and groups could engage in the
    peaceful expression of views via the Internet, including by e-mail.
    Over 60 percent of the population had access to the Internet. Costs of
    personal computers limited Internet access in homes. Internet
    infrastructure is in place for general public access. Internet access
    was available at schools, government offices, private businesses,
    Internet cafes, and hotels.

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

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

        c. Freedom of Religion.--For a complete description of religious
    freedom, please see the 2010 International Religious Freedom Report at
    www.state.gov/g/drl/irf/rpt

        d. Freedom of Movement, Internally Displaced Persons, Protection of
    Refugees, and Stateless Persons.--The law provides for freedom of
    movement within the country, foreign travel, emigration, and
    repatriation, and the Government generally respected these rights in
    practice. The Government was willing to cooperate with the Office of
    the UN High Commissioner for Refugees (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 country is not a party to the 1951
    Convention relating to the Status of Refugees or the 1967 Protocol
    relating to the Status of Refugees. Its laws do not provide for the
    granting of asylum or refugee status, and the Government has not
    established a system for providing protection to refugees. In practice
    the Government provided some protection against the expulsion or return
    of refugees to countries where their lives or freedom would be
    threatened on account of their race, religion, nationality, membership
    in a particular social group, or political opinion. The Government did
    not grant refugee status or asylum; however, the Government provided
    temporary protection to individuals who may not qualify as refugees to
    17 persons during the year.
        In 2008, 11 Burmese refugees arrived from the Philippines seeking
    asylum, and the Government permitted them to remain temporarily. A
    UNHCR official interviewed the Burmese and granted them refugee status.
    They received financial assistance from UNHCR while waiting for a third
    country to accept them as refugees. Nine refugees had been resettled in
    third countries by the end of the year.
        In November 2009, six Uighurs arrived for temporary resettlement.
    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 November 2008 voters
    elected a new congress, Johnson Toribiong as president, and Kerai
    Mariur as vice president. The president, vice president, and congress
    serve four-year terms. The Council of Chiefs, consisting of the highest
    traditional chiefs from each state, advises the president on
    traditional laws and customs. Although there have been political
    parties in the past, there were none during the year.
        There are no legal impediments to women's participation in
    government and politics. Two women were elected to the Senate in the
    November 2008 general elections. Women constituted 16 percent of state
    legislators. Three women served as state governors during the year.
    Three female associate justices served in the Supreme Court, and five
    of the country's nine judges were women. A woman was appointed to serve
    as the attorney general.
        There were two members of minorities in the House of Delegates.
    Section 4. Official Corruption and Government Transparency
        Government corruption was a problem, which the Government took some
    steps to address. The law provides criminal penalties for official
    corruption, and public officials are required to file annual financial
    disclosure statements with the Ethics Commission. The Office of the
    Special Prosecutor and the Office of the Public Auditor are responsible
    for combating government corruption. The Office of the Special
    Prosecutor has been vacant since March.
        In July 2009 Senator and former president Tommy Remengesau, Jr. was
    charged with 19 counts of violation of the code of ethics. Elected
    officials are required annually to submit a list of assets and sources
    of income to the Ethics Commission. Senator Remengesau did not disclose
    all properties he owned in his 2000-03 annual ethics disclosure
    statements. On November 9, the court found him guilty on 12 counts,
    acquitted him on two counts, and dismissed five counts at the request
    of the prosecution. In December he was ordered to pay $156,000 (the
    U.S. dollar is the national currency) in fines, an equivalent to the
    value of properties he did not disclose.
        In February a state governor entered a plea agreement for one count
    of misuse of public funds and one of misconduct in public office in
    exchange for dismissal of money laundering charges. The governor was
    charged previously in 2008 with 302 counts of embezzling state funds,
    but the court dismissed the case without prejudice when the former
    special prosecutor resigned. In March the governor was sentenced to
    five years in jail and fined $10,000. The jail sentence was suspended
    for six months. A state employee also was charged with embezzlement in
    the same case. The governor and the state employee reportedly withdrew
    more than $190,000 from the state bank account between 2002 and 2005
    for their personal use.
        The law provides for the right of citizens and noncitizens
    including foreign media to examine government documents and observe
    official deliberations of any government agency, and the Government
    generally respected this provision in practice.
    Section 5. Governmental Attitude Regarding International and
            Nongovernmental Investigation of Alleged Violations of Human
            Rights
        A number of domestic and international groups concerned with human
    rights generally operated without government restriction. Government
    officials were cooperative and responsive to their views.
        There were no visits by UN representatives or other international
    governmental organization. There were no reports by international
    groups on human rights violations.
    Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
        The law prohibits discrimination based on race, gender, disability,
    language, or social status, and the Government generally observed these
    provisions.

        Women.--Rape, including spousal rape, is a crime punishable by a
    maximum of 25 years of imprisonment. During the year there was no
    reported case of rape.
        There are no laws on domestic violence. Cases that would be
    characterized as domestic violence are prosecuted as assault and
    battery. Alcohol and drug abuse contributed to violence and crime
    against women and children. According to the Office of the Attorney
    General, the Ministry of Health, and women's groups, reported cases of
    women and children as victims of crimes represented a relatively small
    percentage of cases of actual abuse. Assault is a criminal offense,
    punishable by up to six months in jail or a fine of up to $100, and the
    police responded when such cases were reported; women, however, were
    reluctant to press charges against their spouses. There were no
    shelters for victims. The Government conducted public education efforts
    to combat abuse against women and children.
        Sexual harassment is illegal and did not appear to be a major
    problem.
        Couples and individuals had the right to decide the number,
    spacing, and timing of children, and had the information and means to
    do so free from discrimination. Access to information on contraception,
    and skilled attendance at delivery and in postpartum care, were widely
    available at the Government's Belau National Hospital. People have
    access to contraceptive products available from Belau National
    Hospital, private clinics, and department stores. According to the
    Government, the maternal mortality rate was reported to be at zero in
    2007. Women and men were given equal access to diagnostic services and
    treatment for sexually transmitted infections, including HIV.
        Women have the same legal rights as men and enjoy those rights.
    There is no special government office to promote the legal rights of
    women. The inheritance of property and of traditional rank is
    matrilineal, with women occupying positions of importance within the
    traditional system. There were no reported instances of unequal pay for
    equal work or gender-related job discrimination. There are laws
    protecting women from job discrimination and providing equal pay for
    equal work. The Bureau of Aging and Gender, under the Ministry of
    Community and Cultural Affairs, promotes gender workplace equality.
        A local women's group held an annual conference on women's and
    children's issues, including health, education, drug abuse,
    prostitution, and traditional customs and values. Government officials,
    including the president, vice president, ministers, and traditional
    chiefs, participated.

        Children.--Citizenship of a child is derived from the parents. A
    child born to foreign national parents is registered as a citizen of
    those countries.
        There were no reports of child marriage.
        There were no reports of children under the age of 18 years
    engaging in prostitution. Commercial sexual exploitation of children is
    not a problem, and there were no reported cases. There are no laws on
    commercial sexual exploitation of children.
        The age of consensual sex is 16 years, and penalties for statutory
    rape is not more than five years jail term. The law does not
    specifically address child pornography.
        Children's rights generally were respected, although there were
    isolated reports of child neglect. Law enforcement officers including
    the Office of Victims of Crime aggressively investigated and prosecuted
    cases of violence against children.
        The country is not a party to the 1980 Hague Convention on the
    Civil Aspects of International Child Abduction.

        Anti-Semitism.--There were no reports of anti-Semitic acts.

        Trafficking in Persons.--For information on trafficking in persons,
    please see the Department of State's annual Trafficking in Persons
    Report at www.state.gov/g/tip.

        Persons With Disabilities.--The constitution prohibits
    discrimination against persons with physical or mental disabilities.
    The Disabled Persons' Antidiscrimination Act and the Programs and
    Services for Handicapped Children Act cover both persons with mental
    disabilities and persons with physical disabilities, and the Government
    enforced the provisions of these acts. No discrimination was reported
    against persons with disabilities in employment, education, access to
    health care, or the provision of other state services. The Government
    provides a monthly stipend of $50 for persons with disabilities. The
    law mandates access to buildings for persons with disabilities, and the
    Government generally enforced these provisions in practice. The public
    schools had special education programs to address problems encountered
    by persons with disabilities.
        The Government agency Ngak Mak Tang (Everyone Matters) is
    responsible for protecting the rights of persons with disabilities.

        National/Racial/Ethnic Minorities.--The law prohibits noncitizens
    from purchasing land or obtaining citizenship. Foreign workers
    constituted approximately 55 percent of the workforce. A majority of
    citizens viewed the recent rapid increase in foreign workers
    negatively. Foreign workers and their dependents, both documented and
    undocumented, accounted for nearly a third of the population. Foreign
    residents were subject to discrimination and were targets of petty and
    sometimes violent crimes, as well as other harmful acts against the
    persons and property. Foreign residents made credible complaints that
    the authorities did not pursue or prosecute crimes committed against
    noncitizens with the same vigor as crimes against citizens.
        In addition some foreign nationals experienced discrimination in
    employment, pay, housing, education, and access to social services,
    although the law prohibits such discrimination.
        The Division of Labor handles cases of workplace discrimination
    against foreign workers.

        Societal Abuses, Discrimination, and Acts of Violence Based on
    Sexual Orientation and Gender Identity.--There is no law criminalizing
    sexual orientation. There were no reports of cases of violence or
    discrimination based on sexual orientation.

        Other Societal Violence or Discrimination.--There were no reports
    of cases of violence or discrimination against person with HIV/AIDS.
    Section 7. Worker Rights

        a. The Right of Association.--The law provides for the right of all
    persons to assemble peacefully and to associate with others for any
    lawful purpose, including the right to join and organize labor unions.
    However, there were no active labor unions or other employee
    organizations; the majority of businesses were small-scale, family-run
    enterprises employing relatives and friends.
        The law does not provide for the right to strike, and the
    Government has not addressed this issue. There were no workers' strikes
    or protests during the year.

        b. The Right to Organize and Bargain Collectively.--There is no law
    concerning trade union organization or collective bargaining. Market
    forces determine wages in the cash economy.
        There are no export processing zones.

        c. Prohibition of Forced or Compulsory Labor.--The law prohibits
    forced or compulsory labor; however, there were reports that such
    practices occurred. There were also reports of foreign workers,
    particularly domestic helpers and unskilled laborers, forced to accept
    jobs different from those for which they were recruited. Employers
    sometimes verbally threatened or withheld passports and return tickets
    of foreign workers desiring to leave unfavorable work situations. The
    Division of Labor works with employers and employees to address these
    problems.
        There were no reports of forced or compulsory labor by children.
        Also see the Department of State's annual Trafficking in Persons
    Report at www.state.gov/g/tip.

        d. Prohibition of Child Labor and Minimum Age for Employment.--The
    law states that the Government shall protect children from
    exploitation. The Division of Labor is responsible for enforcing laws
    and regulations relating to child labor. There is no minimum age for
    employment. Children typically were not employed in the wage economy,
    but some assisted their families with fishing, agriculture, and small-
    scale family enterprises.
        By regulation no foreigner under age 21 may be admitted into the
    country for employment purposes, and the Government generally enforced
    this regulation effectively.
        For information on trafficking in persons, please see the
    Department of State's annual Trafficking in Persons Report at
    www.state.gov/g/tip.

        e. Acceptable Conditions of Work.--A 1999 law sets the minimum wage
    at $2.50 per hour, but foreign workers are not included under the
    minimum wage law. It generally was assumed that legislators
    specifically exempted foreign contract workers from the minimum wage
    law to ensure a continued supply of low-cost labor in industries that
    the legislators often controlled. The national minimum wage provided a
    decent standard of living for a worker and family. Anecdotal evidence
    indicated that unskilled workers (usually foreigners) for commercial
    firms were paid only $1.50 to $2.00 per hour; wages for domestic
    helpers employed in private households were lower still. In addition to
    their wages, foreign workers usually were provided basic accommodations
    and food gratis or at nominal cost. The country continued to attract
    foreign workers from the Philippines, China, and Bangladesh. During the
    year there were more than 6,000 foreign nationals with work permits in
    the country; of these, roughly 60 percent were from the Philippines, 15
    percent from China, and 10 percent from Bangladesh.
        There is no legislation concerning maximum hours of work. The
    Division of Labor has established some regulations regarding conditions
    of employment for nonresident workers. The division may inspect the
    conditions of the workplace and employer-provided housing on the
    specific complaint of the employees, but enforcement was sporadic.
    Working conditions varied in practice.
        Although there are occupational and safety standards, the law does
    not specifically provide workers the right to remove themselves from
    situations that endanger their health or safety without jeopardizing
    their continued employment, and no law protects workers who file
    complaints about such conditions. Anecdotal evidence suggested that
    noncitizens would likely lose their employment if they removed
    themselves from situations that endangered health or safety. Since
    foreign workers generally are not permitted to change employers and
    must depart the country if their contract ends for any reason, such
    workers were reticent about reporting abuses. There were no reports to
    the Government of violations of occupational health or safety standards
    during the year. The Division of Labor enforces safety standards and
    laws.
        Reports of mistreatment of foreign workers by their employers
    continued during the year. The foreign workers most likely to be abused
    were those who worked under contracts as domestic helpers, farmers,
    waitresses, beauticians, hostesses in karaoke bars and massage parlors,
    construction workers, and other semiskilled workers, the majority of
    whom were from the Philippines, China, and Bangladesh. The most
    commonly reported abuses included misrepresentation of contract terms
    and conditions of employment, withholding of pay or benefits, and
    substandard food and housing. There were also complaints of physical
    abuse. In a number of instances local authorities took corrective
    action when alerted by social service and religious organizations. The
    Division of Labor helped to resolve disputes or complaints between
    employers and foreign workers.

                                   __________

                                PAPUA NEW GUINEA

        Papua New Guinea is a constitutional, federal, multiparty,
    parliamentary democracy with a population of approximately 6.3 million
    and more than 800 indigenous tribes. The most recent general elections,
    held in 2007, were marred by bribery, voter intimidation, and influence
    peddling. A coalition government, led by Prime Minister Michael Somare,
    was formed following the elections. On December 14, Somare stepped
    aside as prime minister after the public prosecutor requested the chief
    justice to appoint a leadership tribunal to investigate allegations
    that he failed to file annual income tax returns for a number of years,
    and Deputy Prime Minister Sam Abal became acting prime minister.
    Security forces reported to civilian authorities. There were some
    instances in which elements of the security forces acted independently.
        Human rights abuses during the year included arbitrary or unlawful
    killings by police, severe police abuse of detainees, poor prison
    conditions, police impunity, lengthy pretrial detention, infringement
    of citizens' privacy rights, government corruption, violence and
    discrimination against women, sexual abuse of children, trafficking in
    persons, discrimination against persons with disabilities, intertribal
    violence, violence against Asians, and ineffective enforcement of labor
    laws.
                            respect for human rights
    Section 1. Respect for the Integrity of the Person, Including Freedom
            From:

        a. Arbitrary or Unlawful Deprivation of Life.--The Government or
    its agents did not commit any politically motivated killings; however,
    police killed a number of persons during the year. According to police
    reports, most killings occurred during gunfights with criminal suspects
    who were resisting arrest. However, public concern about police
    violence persisted.
        On November 5, correctional officers at Baisu Prison outside Mount
    Hagen shot and killed five prisoners and wounded a number of others
    during an escape attempt. One wounded prisoner subsequently died of his
    wounds, and the body of a seventh was found in the Waghi River, which a
    number of the escapees had tried to swim across. The officers
    reportedly shot at the prisoners as they and other inmates attempted to
    run away after scaling the prison wall. Police reportedly were
    investigating the incident at year's end.
        There were no further known developments in the following 2008
    cases involving police actions: the death of a young man resulting from
    a shootout between police and youths in Kimbe Province and the police
    killings of three gunmen who tried to rob the Bank South Pacific in
    West New Britain.
        There were numerous press reports during the year of vigilante
    killings and abuses, some of which were related to alleged involvement
    in sorcery and witchcraft. For example, in July a mob attacked and
    hacked to death a prison escapee wanted for robbery and murder in Lae
    City. In September the Post Courier newspaper reported that, in a
    village in the Western Highlands, a mother of four was beaten, bound
    with barbed wire, and later burned alive for allegedly killing a man
    from another tribe through sorcery. In October the Post Courier
    reported that four persons, including an elderly couple, accused of
    using sorcery to kill a tribal chief were tortured and then thrown into
    the Waghi River in Chimbu Province. The incident had occurred in
    September but was only reported to police in October. According to
    police reports, the victims allegedly were badly beaten, tied up with
    ropes, and dragged for several miles before being thrown into the fast-
    flowing river. Police investigations found that the killings were
    arranged and backed by the whole community.
        No further information was available on the status of police
    investigations into the following 2009 vigilante killings: the killing
    of a woman by a group of men in Mount Hagen, allegedly for confessing
    she had eaten a man's heart; the killing of a man and his son by
    persons from Ban village near Mount Hagen; and the killing of three men
    by members of a community in Sandaun Province for allegedly performing
    witchcraft that resulted in a fellow resident's death.

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

        c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
    Punishment.--The constitution prohibits such practices; however,
    individual police members frequently beat and otherwise abused suspects
    during arrests and interrogations, and in pretrial detention. There
    were numerous press accounts of such abuses, particularly against young
    detainees.
        In May the UN special rapporteur on torture, Manfred Nowak, visited
    the country on a fact-finding mission at the invitation of the
    Government. He reported systemic beatings of detainees by police upon
    arrest and within the first hours of detention, including during
    interrogation. He also reported severe punishment of prison escapees
    that he characterized as amounting to torture, including brutal
    beatings with bush knives and gun butts, shooting detainees at close
    range, and cutting detainees' tendons with axes and bush knives after
    they were apprehended with the intent of disabling them. He further
    reported that the victims usually were kept in cells without any
    medical treatment, which sometimes even led to their death.
        At year's end no further information was available on the status of
    the 2009 case of alleged rape of a cleaning woman by officers at a
    police station in Port Moresby.
        There were no further known developments in the June 2008 police
    shooting that resulted in the amputation of the suspect's leg and the
    August 2008 police shooting and wounding of bank robbery suspect
    William Kapris.

        Prison and Detention Center Conditions.--Despite minor improvements
    to existing cells and increased capacity, prison conditions remained
    poor, and the prison system continued to suffer from serious
    underfunding. Two prisons--in Tari, Southern Highlands and Daru,
    Western Province--remained closed during the year due to tribal
    conflicts and unresolved health issues, respectively. Neither prisons
    nor police detention centers had medical care facilities. In some
    police holding cells, detainees lacked bedding and sufficient food and
    water. In November the National newspaper reported that problems with
    the water supply at Baisu Prison outside Mount Hagen caused a dysentery
    outbreak in which four inmates died.
        Overcrowding in prisons and police cells remained a serious
    problem. According to the correctional services commissioner, all
    except five of the country's prisons experienced overcrowding during
    the year. The commissioner also confirmed that during the year the
    holding capacity of the country's prisons increased from approximately
    3,600 beds to 4,366 beds, including a new facility opened in
    Bouganville. At year's end, the number of inmates was 4,268,
    approximately one-third of whom were pretrial detainees. There were 230
    female inmates, including 150 convicted prisoners and 80 pretrial
    detainees, and 151 juveniles, including 78 convicted prisoners and 73
    pretrial detainees. While there were some improvements in the pace of
    police investigations and an increase in the number of judges in the
    magistrates' courts and the National Court, in some areas infrequent
    court sessions, slow police investigations, and bail restrictions for
    certain crimes continued to exacerbate overcrowding. Prison escapes
    were common, even from high-security installations.
        Male and female inmates usually were held separately, but some
    rural prisons lacked separate facilities, and there were reports in the
    past of assaults on female prisoners. During the year, 13 of the
    country's 18 prison facilities had separate, detached accommodations
    for juvenile offenders; the remaining five did not. To hold minors
    waiting to be arraigned prior to posting of bail, there were three
    juvenile reception centers located in Port Moresby, Lae, and Wewak, all
    run by the Catholic Church; there was no longer a center operating in
    Goroka, according to the correctional services commissioner. Human
    Rights Watch reported that juveniles routinely were held with adults in
    police detention cells, where in many cases they were assaulted by
    older detainees. Police denied juvenile court officers access to police
    cells. Pretrial detainees were held in the same prisons as convicted
    prisoners but had separate cells.
        Prisoners had reasonable access to visitors and were permitted
    religious observance. Authorities permitted prisoners and detainees to
    submit credible complaints of inhumane conditions without censorship to
    the Ombudsman Commission for investigation or directly to the judicial
    authorities. The Ombudsman Commission was mandated to visit prisons,
    but could not effectively monitor and investigate prison conditions due
    to lack of adequate funds and staff.
        The Government permitted monitoring visits by independent human
    rights observers, and one such visit was made during the year.
        The Ombudsman Commission does not have specific authority to
    investigate on its own initiative such matters as alternatives to
    incarceration for nonviolent offenses; addressing status and
    circumstances of confinement of juvenile offenders; and improving
    pretrial detention, bail, and recordkeeping procedures to ensure
    prisoners do not serve time beyond the maximum sentence for their
    offense. However, the commission can investigate prisoner complaints
    relating to such matters.

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

        Role of the Police and Security Apparatus.--A commissioner who
    reports to the minister for internal security heads the national police
    force, the Royal Papua New Guinea Constabulary. Internal divisions
    related to clan rivalries and a serious lack of resources negatively
    affected police effectiveness. Police impunity was a serious problem.
        Police shootings are investigated by the police department's
    Internal Affairs Office and reviewed by a coroner's court. If the court
    finds that the shooting was unjustifiable or due to negligence, the
    police officers involved are tried. Families of persons killed or
    injured by police may challenge the coroner's finding in the National
    Court, with the assistance of the Public Solicitor's Office. Cases of
    accidental shootings of bystanders by police during police operations
    are also investigated and reviewed by a coroner's court. Despite these
    prescribed procedures, in many cases investigations remained
    unresolved.
        The Ombudsman Commission deals with public complaints and concerns
    about members of the police force.

        Arrest Procedures and Treatment While in Detention.--Under the law,
    to make an arrest police must have reason to believe that a crime was
    committed, is in the course of being committed, or will be committed. A
    warrant is not required, and police made the majority of arrests
    without one. Citizens may make arrests under the same standards as the
    police, but this was rare in practice. Police, prosecutors, and
    citizens may apply to a court for a warrant; however, police normally
    did so only if they believed it would assist them in carrying out an
    arrest.
        Only National or Supreme Court judges may grant bail to persons
    charged with willful murder or aggravated robbery. In all other cases,
    police or magistrates may grant bail. Arrested suspects have the right
    to legal counsel, to be informed of the charges against them, and to
    have their arrests subjected to judicial review; however, the
    Government did not always respect these rights. Detainees had access to
    counsel, and family members had access to detainees.
        Due to very limited police and judicial resources and a high crime
    rate, suspects often were held in pretrial detention for lengthy
    periods. Although pretrial detention is subject to strict judicial
    review through continuing pretrial consultations, the slow pace of
    police investigations, particularly in locating witnesses, and
    occasional political interference or police corruption frequently
    delayed cases for months. In addition, circuit court sittings were
    infrequent because of shortages of judges and travel funds. Some
    detainees were held in jail for up to two years because of the shortage
    of judges.

        e. Denial of Fair Public Trial.--The constitution provides for an
    independent judiciary, and the Government generally respected judicial
    independence in practice.

        Trial Procedures.--The legal system is based on English common law.
    The law provides for due process, including a public trial, and the
    court system generally enforced these provisions. Judges conduct trials
    and render verdicts; there are no juries. Defendants have the right to
    an attorney. The Public Solicitor's Office provides legal counsel for
    those accused of ``serious offenses'' (charges for which a sentence of
    two years or more is the norm) who are unable to afford counsel.
    Defendants and their attorneys may confront witnesses, present
    evidence, access government-held evidence, plead cases, and appeal
    convictions. The law extends these rights to all citizens. The shortage
    of judges created delays in both the process of trials and the
    rendering of decisions.

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

        Civil Judicial Procedures and Remedies.--There is an independent
    and impartial judiciary in civil matters. District courts may order
    ``good behavior bonds,'' commonly called ``protection orders,'' in
    addition to ordering that compensation be paid for violations of human
    rights. However, courts had difficulty enforcing judgments. In
    addition, many human rights matters were handled by village courts,
    which were largely unregulated. Village and district courts often were
    hesitant to interfere directly in domestic matters. Village courts
    regularly ordered that compensation be paid to an abused spouse's
    family in cases of domestic abuse rather than issue a domestic court
    order.

        f. Arbitrary Interference With Privacy, Family, Home, or
    Correspondence.--The constitution prohibits such actions; however,
    there were instances of abuse. Police raids and searches of illegal
    squatter settlements and homes of suspected criminals often were marked
    by a high level of violence and property destruction. Police units
    operating in highland regions sometimes used intimidation and
    destruction of property to suppress tribal fighting.
        At year's end there was no further information on the status of a
    2009 lawsuit filed by landowners in Porgera against the police,
    charging that, during an operation against alleged illegal mining and
    criminal activity in the area, police also destroyed more than 300
    homes of legal residents.
    Section 2. Respect for Civil Liberties, Including:

        a. Freedom of Speech and Press.--The constitution provides for
    freedom of speech and of the press, and the Government generally
    respected these rights in practice. All newspapers included a variety
    of editorial viewpoints and reported on controversial topics. There was
    no evidence of officially sanctioned government censorship; however,
    newspaper editors complained of intimidation tactics aimed at
    influencing coverage.
        In March Prime Minister Somare threatened to call reporters before
    the Parliamentary Privileges Committee to oblige them to reveal the
    names of politicians allegedly linked to crime. The prime minister made
    the comment after reports appeared in the press that accused bank
    robber William Kapris had claimed that unnamed ``politicians'' assisted
    criminals. However, no reporters were called before the committee
    during the year. In May a National Court judge ordered that the media
    be prohibited from court proceedings against Kapris.

        Internet Freedom.--There were no government restrictions on access
    to the Internet or reports that the Government monitored e-mail or
    Internet chat rooms. Individuals and groups could engage in the
    expression of views via the Internet, including by e-mail. In practice
    cost factors and lack of infrastructure limited public access to the
    Internet. The International Telecommunication Union reported that
    approximately 2 percent of the country's inhabitants used the Internet
    in 2009.

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

        b. Freedom of Peaceful Assembly and Association.--Freedom of
    Assembly.--The constitution provides for freedom of assembly; however,
    the Government often limited this right in practice. Public
    demonstrations require police approval and 14 days' notice. Asserting a
    fear of violence from unruly spectators, police rarely gave approval.
        In May police interrupted a rally at Goroka National Park by
    activists opposed to proposed government amendments to the Ombudsman
    Commission and Forestry Acts. The Government briefly detained three
    members of the group; they were released after approximately a half
    hour of questioning. Later during the rally, police reportedly
    intervened again and told the group's leader, anticorruption activist
    Noel Anjo, to avoid making personal attacks on the prime minister and
    other senior ministers.
        In September police denied approval for a planned nationwide
    protest march led by Anjo against controversial constitutional
    amendments made by Parliament to the Ombudsman Commission Act. Police
    had allowed earlier protests against the amendments to take place in
    Port Moresby and Lae in May.

        Freedom of Association.--The constitution provides for freedom of
    association, and the Government generally respected this right in
    practice.

        c. Freedom of Religion.--For a complete description of religious
    freedom, please see the 2010 International Religious Freedom Report at
    www.state.gov/g/irf/rpt.

        d. Freedom of Movement, Internally Displaced Persons, Protection of
    Refugees, and Stateless Persons.--The constitution provides for freedom
    of movement within the country, foreign travel, emigration, and
    repatriation, and the Government generally respected these rights in
    practice. The Government cooperated with the Office of the UN High
    Commissioner for Refugees (UNHCR) and other humanitarian organizations
    in providing protection and assistance to internally displaced persons,
    refugees, returning refugees, asylum seekers, stateless persons, and
    other persons of concern.
        The law prohibits forced exile, and the Government did not use it.

        Protection of Refugees.--The country's laws do not provide for the
    granting of asylum or refugee status, and the Government has not
    established a system for providing protection to refugees. The
    Government did not grant refugee status or asylum. In practice the
    Government provided protection against the expulsion or return of
    refugees to countries where their lives or freedom would be threatened
    on account of their race, religion, nationality, membership in a
    particular social group, or political opinion. The Government also
    provided temporary protection to individuals who may not qualify as
    refugees.
        With support from the UNHCR, the Government continued to provide
    protection to approximately 2,300 persons residing at the East Awin
    refugee settlement who fled the Indonesian province of West Papua
    (formerly Irian Jaya). Another 5,000 such persons, classified by the
    Government as ``border crossers,'' lived in villages adjacent to the
    border with Indonesia, and approximately 2,400 lived in urban areas,
    including the capital, Port Moresby. During the year the UNHCR assisted
    four persons to return to West Papua.
        Registered refugees residing in the East Awin refugee settlement
    were granted a certificate of identity that allowed them to travel
    freely within the country and to West Papua.
    Section 3. Respect for Political Rights: The Right of Citizens to
            Change Their Government
        The constitution provides citizens the right to change their
    government peacefully, and citizens exercised this right in practice
    through periodic but flawed elections based on universal suffrage.

        Elections and Political Participation.--The most recent general
    election was held in 2007. Bribery, voter intimidation, and undue
    influence were widespread in some parts of the country during the
    election. After the election the National Court registered 53 election
    petitions that alleged illegal practices. By the end of 2009 (the
    latest information available), 28 petitions were dismissed and 14 were
    withdrawn, two by-elections and four judicial recounts were ordered,
    and court decisions were pending on the remaining five petitions.
        In May presidential and parliamentary elections were held for the
    Government of the autonomous Bougainville province. International
    observers deemed the elections generally free and fair. John Momis was
    elected president, defeating the incumbent and several other
    challengers.
        Political parties could operate without restriction or outside
    influence. In February the governor of the National Capital District
    launched a new political party, the United Democratic Front, with a
    stated goal of fighting government corruption.
        There is no law limiting political participation by women, but the
    deeply rooted patriarchal culture impeded women's full participation in
    political life. There was one woman in the 109-seat Parliament. She
    served as minister of community development, the only cabinet position
    held by a woman. There was one female National Court justice and no
    female provincial governors.
        There were six minority (non-Melanesian) members of Parliament
    (MPs). Of these, two were in the cabinet, and three were provincial
    governors.
    Section 4. Official Corruption and Government Transparency
        The law provides criminal penalties for official corruption;
    however, the Government did not implement the law effectively, and
    officials often engaged in corrupt practices with impunity.
        Corruption at all levels of government was a serious problem due to
    weak public institutions, leadership, and governance; lack of
    transparency; politicization of the bureaucracy; and the use of public
    resources to meet traditional clan obligations.
        In February Parliament's Public Accounts Committee commented on
    examinations it undertook of the accounting standards and handling of
    public monies by government entities. The committee reported that, of
    the nearly 1,000 agencies examined between 2003 and 2008, only five
    were found to be acceptably accountable and transparent in their use of
    public funds. In March the director of the National Research Institute
    stated that in many cases public development projects were not
    implemented because the funds allocated were stolen by public
    officials.
        In June Finance Minister Patrick Pruaitch was suspended from office
    after the Supreme Court ruled that under the law an official referred
    to a leadership tribunal for allegations of official misconduct is
    automatically suspended from office. Pruaitch had been referred to such
    a tribunal; his appeal of the referral was pending at year's end.
        In October the former police operations commander for the National
    Capital District, Andy Bawa, was arrested and charged with two counts
    of official corruption. The charges involved receiving a double salary
    since January 2008--one from the police force and another from another
    government agency. Bawa was suspended without pay pending the outcome
    of his court case. In November the National Executive Council (NEC)
    suspended then police commissioner Gari Baki for allegedly misleading
    the NEC into obtaining 10 million kina (approximately $4 million) for
    police operations at the liquefied natural gas project site in the
    Southern Highlands Province. The NEC asserted that the funds were not
    actually necessary. The NEC also ordered investigations into Baki's
    four years as police commissioner. The acting commissioner, who
    replaced Baki, offered Andy Bawa his job back; however, Bawa declined
    to resume the post until the courts ruled in his case. At year's end,
    investigations were still ongoing, and Bawa's case was still before the
    courts.
        In November MP Tonny Puana was arrested and charged with
    misappropriation of funds and false pretenses; however, the case had
    not been referred to the Public Prosecutor's Office for prosecution by
    year's end.
        At year's end, charges of misappropriation of funds filed in 2009
    against former Southern Highlands governor Hami Yawari were still
    awaiting assignment of trial dates before the National Court.
        There was no further information available on the status of the
    Ombudsman Commission's investigation of two 2008 cases: one involving
    allegations that representatives of a foreign government had offered 80
    million kina (approximately $31.1 million) to government officials in
    exchange for establishing diplomatic relations and another in which the
    media claimed that a government minister had 100 million kina
    (approximately $38.9 million) in a foreign bank account.
        Public officials are subject to financial disclosure laws as
    stipulated in the leadership code of conduct. The Ombudsman Commission,
    Leadership Tribunal, and Public Accounts Committee are key
    organizations responsible for combating government corruption.
        On December 14, Prime Minister Somare stepped aside as prime
    minister after the acting public prosecutor requested the chief justice
    to appoint a leadership tribunal to investigate allegations that he
    failed to file income tax statements or filed incomplete statements
    with the Ombudsman Commission on a number of occasions between 1993 and
    2005. The commission had referred the matter to the Public Prosecutor's
    Office. At year's end, a leadership tribunal had not yet been
    appointed. Deputy Prime Minister Sam Abal was appointed acting prime
    minister and remained in that position at year's end, pending
    resolution of the case against Somare.
        In April, despite widespread public opposition, Parliament took a
    preliminary vote to pass an amendment to the constitution that removes
    the power of the Ombudsman Commission to issue directives to
    individuals and organizations to preserve and uphold the conduct of
    public office holders. The Ombudsman Commission had used this power to
    issue directives preventing payments from public funds to officeholders
    it believed were using such funds improperly. As of year's end, a final
    vote on the bill proposing the amendment had not taken place in
    Parliament.
        No law provides for public access to government information. The
    Government published frequent public notices in national newspapers and
    occasional reports on specific issues facing the Government; however,
    it generally was not responsive to individual requests, including media
    requests, for access to government information.
    Section 5. Governmental Attitude Regarding International and
            Nongovernmental Investigation of Alleged Violations of Human
            Rights
        A number of domestic and international human rights groups
    generally operated without government restriction, investigating and
    publishing their findings on human rights cases. Government officials
    were somewhat cooperative and responsive to their views.
        As of year's end, there were no further known developments in the
    investigation of the December 2009 shooting and wounding of Chief
    Ombudsman Commissioner Chronex Manek by unknown assailants.
        The Government cooperated with international governmental
    organizations and permitted visits by UN representatives and other
    organizations. The UN special rapporteur on torture visited the country
    during the year (see section 1.c.).
        The Ombudsman Commission is responsible for investigating alleged
    misconduct and defective administration by governmental bodies, alleged
    discriminatory practices by any person or body, and alleged misconduct
    in office by leaders under the Leadership Code. It operated without
    government or political party interference; however, constraints in
    staffing resources often caused delays in investigations and thus in
    completion and release of reports. The commission presented a report to
    Parliament in December 2009 on the entry, arrest, detention, and
    transportation of former Solomon Islands attorney general Julian Moti
    from Papua New Guinea to Solomon Islands in 2006 while he was facing
    charges of having sex with a child in Australia. The report, which was
    tabled in Parliament in March, found that a number of the country's
    laws had been breached when Moti was flown to the Solomon Islands in a
    Papua New Guinea military aircraft. The report also found that the
    directions had come from Prime Minister Somare. As of year's end, the
    Government had taken no further action in the matter.
    Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
        The constitution provides for equal protection under the law
    irrespective of race, tribe, place of origin, color, or sex; however,
    enforcement of the provisions was not effective.

        Women.--Violence against women, including gang rape and domestic
    violence, was a serious and prevalent problem.
        Rape, including spousal rape, is a crime punishable by
    imprisonment, and prison sentences were imposed on convicted
    assailants, but few rapists were apprehended. The willingness of some
    communities to settle incidents of rape through material compensation
    rather than criminal prosecution made the crime difficult to combat.
    The legal system allows village chiefs to negotiate the payment of
    compensation in lieu of trials for rapists.
        Human Rights Watch (HRW) documented five cases of gang rape
    allegedly committed in 2009 and 2010 by members of a private security
    force employed at the Porgera gold mine site in Enga Province. The
    reported assaults all took place on or near the waste dumps surrounding
    the mine; most of the victims were illegally mining on the dumps. HRW
    reported further that police and the mining company both opened
    investigations into these and other allegations of sexual violence by
    security personnel at the site, and the investigations were continuing
    as of November.
        Domestic violence was common and is a crime. However, since most
    communities viewed domestic violence as a private matter, few victims
    pressed charges, and prosecutions were rare. Widespread sexual violence
    committed by police officials and their unresponsiveness to complaints
    of sexual or domestic violence served as barriers to reporting by both
    women and men. Traditional village mores, which served as deterrents
    against violence, were weak and largely absent when youths moved from
    their villages to larger towns or to the capital. According to Amnesty
    International (AI), approximately two-thirds of women in the country
    have been hit by their partners, with the number approaching 100
    percent in parts of the Highlands. AI reported that there were only
    three shelters for abused women in Port Moresby, all privately run; the
    situation was even worse outside the capital.
        Violence committed against women by other women frequently stemmed
    from domestic disputes. In areas where polygyny was customary, an
    increasing number of women were charged with murdering one of their
    husband's other wives. Independent observers indicated that
    approximately 90 percent of women in prison had been convicted for
    attacking or killing another woman.
        Sexual harassment is not illegal, and it was a widespread problem.
        Under the country's family planning policy, couples and individuals
    have the right to decide freely and responsibly the number, spacing,
    and timing of their children free from violence and coercion. However,
    in practice the decision of the husband or male partner on such matters
    usually prevailed over the wishes of the woman. Access in practice to
    contraception and adequate prenatal, obstetric, and postnatal care was
    hindered by logistical problems faced by the Health Department in
    distributing supplies. Medical facilities also were limited in their
    capacity to provide adequate services to the growing population.
    According to indicators published by the Population Research Bureau, 26
    percent of married women between the ages of 15 and 49 used some form
    of contraception. According to the UN report Trends in Maternal
    Mortality: 1990-2008, the country's estimated maternal mortality ratio
    was 250 deaths per 100,000 live births. Women and men had equal access
    to diagnosis and treatment for sexually transmitted infections,
    including HIV.
        The laws have provisions for extensive rights for women dealing
    with family, marriage, and property disputes. Some women have achieved
    senior positions in business, the professions, and the civil service;
    however, traditional discrimination against women persisted. Many
    women, even in urban areas, were considered second-class citizens.
    Women continued to face severe inequalities in all spheres of life:
    social, cultural, economic, and political. There is no employment
    antidiscrimination law.
        Village courts tended to impose jail terms on women found guilty of
    adultery while penalizing men lightly or not at all. By law a district
    court must endorse orders for imprisonment before the sentence is
    imposed, and circuit-riding National Court justices frequently annulled
    such village court sentences. Polygyny and the custom in many tribal
    cultures of paying a ``bride price'' tended to reinforce the view that
    women were property. In addition to the purchase of women as brides,
    women sometimes were given as compensation to settle disputes between
    clans, although the courts have ruled that such settlements denied the
    women their constitutional rights.
        According to statistics published by the UN Educational, Social,
    and Cultural Organization, women continued to lag behind men in
    literacy and education; 53 percent of women were literate, compared
    with 62 percent of men. The Ministry of Community Development was
    responsible for women's issues and had considerable influence over the
    Government's policy toward women.

        Children.--Citizenship is derived through birth to a citizen
    parent.
        Primary education was not free, compulsory, or universal.
    Substantial fees were charged and posed a significant barrier to
    children's education. Many children did not progress further than
    primary school. With foreign funding assistance, the Government
    abolished school fees for students in grades one and two in an effort
    to increase primary school enrollment.
        Boys and girls had equal access to medical care, but many children
    did not receive effective care. Government-provided free medical care
    for citizens, including children, was no longer available due to budget
    cuts and deteriorating infrastructure, particularly in rural areas.
        Sexual abuse of children was believed to be frequent. Independent
    sources confirmed that, in two major cities, 1,000 or more cases of
    child sexual abuse were reported in 2009. Incest is a crime and
    reportedly increased in frequency. There were cases of commercial
    sexual exploitation of children in urban areas, including minors
    working in bars and nightclubs. HRW documented numerous instances of
    police abuse of children.
        The legal age for marriage is 18 for boys and 16 for girls. There
    is a lower legal marriage age (16 for boys and 14 for girls) with
    parental and court consent. However, customary and traditional
    practices allow marriage of children as young as age 12, and child
    marriage was common in many traditional, isolated rural communities.
    Child brides frequently were taken as additional wives or given as
    brides to pay family debts and often were used as domestic servants.
    Child brides were particularly vulnerable to domestic abuse.
        The minimum age for consensual sex is 16. The maximum penalty for
    violators is 25 years' imprisonment or, if the child is under age 12,
    life imprisonment. Child pornography is illegal; penalties range from a
    minimum of five to a maximum of 15 years' imprisonment.
        The country is not a party to the 1980 Hague Convention on the
    Civil Aspects of International Child Abduction.

        Anti-Semitism.--There was no known Jewish community in the country,
    and there were no reports of anti-Semitic acts.

        Trafficking in Persons.--For information on trafficking in persons,
    please see the Department of State's annual Trafficking in Persons
    Report at www.state.gov/g/tip.

        Persons With Disabilities.--The constitution prohibits
    discrimination against persons with physical or mental disabilities;
    however, there are no antidiscrimination laws. Persons with physical,
    sensory, intellectual, and mental disabilities faced discrimination in
    education, training, and employment. No legislation mandates
    accessibility to buildings, and most buildings were not accessible.
    There were no policies or programs to assist persons with disabilities
    in obtaining access to communications and information.
        Through the National Board for the Disabled, the Government granted
    funds to a number of nongovernmental organizations that provided
    services to persons with disabilities. The Government provided free
    medical consultations and treatment for persons with mental
    disabilities, but such services were rarely available outside major
    cities. In several provinces, apart from the traditional clan and
    family system, services and health care for persons with disabilities
    did not exist. Most persons with disabilities did not find training or
    work outside the family structure.

        National/Racial/Ethnic Minorities.--Centuries-old animosities among
    isolated tribes, a persistent cultural tradition of revenge for
    perceived wrongs, and the lack of police enforcement sometimes resulted
    in violent tribal conflict in the highland areas. During the year
    tribal fighting continued in the highlands provinces. In the last few
    years, the number of deaths resulting from such conflicts continued to
    rise due to the increased availability of modern weapons.
        On September 9, mobs attempted to break into and loot Asian
    businesses in Goroka, Eastern Highlands Province. The businesses
    remained closed for the day and police dispersed the crowds. A
    parliamentary committee appointed to investigate the widespread
    violence directed at Asian businesses in the country in 2009 had not
    issued a report as of year's end.

        Societal Abuses, Discrimination, and Acts of Violence Based on
    Sexual Orientation and Gender Identity.--Sodomy and acts of ``gross
    indecency'' between male persons are illegal. The maximum penalty for
    sodomy is 14 years' imprisonment and, for acts of gross indecency
    between male persons (a misdemeanor), three years. However, there were
    no reports of prosecutions directed at lesbian, gay, bisexual, or
    transgender (LGBT) persons under these provisions during the year.
    There were no specific reports of societal violence or discrimination
    against LGBT persons, but they were vulnerable to societal
    stigmatization.

        Other Societal Violence or Discrimination.--There were no reports
    of government discrimination against persons with HIV/AIDS; however,
    there was a strong societal stigma attached to HIV/AIDS infection that
    prevented some individuals from seeking HIV/AIDS-related services. The
    nongovernmental Business Coalition against HIV/AIDS worked to combat
    discrimination against persons with HIV/AIDS.
    Section 7. Worker Rights

        a. The Right of Association.--The law provides for the right of
    workers in both the public and private sectors to form and join labor
    unions, subject to registration by the Department of Labor and
    Industrial Relations (DLIR), and workers exercised this right in
    practice. The Government did not use registration to control unions;
    however, an unregistered union has no legal standing and thus cannot
    operate effectively. An estimated one-half of the approximately 250,000
    wage earners in the formal economy were members of approximately 50
    trade unions. The Public Employees Association represented an estimated
    12,000 persons employed by national, provincial, and municipal
    governments, or one-third of the public-sector workforce. Unions were
    independent of both the Government and political parties.
        The law provides for the right to strike for workers in both the
    private and public sectors, although the Government may and often did
    intervene in labor disputes to require arbitration before workers may
    legally strike. The law prohibits retaliation against strikers, but the
    DLIR did not always enforce the law. Employees of some government-owned
    enterprises went on strike on several occasions during the year,
    primarily to protest against privatization policies or in pay disputes.
    In most cases the strikes were brief and ineffective.

        b. The Right to Organize and Bargain Collectively.--Workers in both
    the public and private sectors have the right to organize and engage in
    collective bargaining, and workers exercised these rights in practice.
    However, under the law the Government has discretionary power to cancel
    arbitration awards or declare wage agreements void when they are
    contrary to government policy. The DLIR and the courts are involved in
    dispute settlement. Wages above the minimum wage were set through
    negotiations between employers and employees or their respective
    industrial organizations.
        The law prohibits antiunion discrimination by employers against
    union leaders, members, and organizers; however, the DLIR enforced the
    law selectively.
        Antiunion practices were widespread in the logging industry, which
    was known for extremely low wages and poor working conditions,
    including debt bondage and cramped and unhygienic accommodation of
    workers. In July the International Transport Workers' Federation (ITF)
    reported that members of the ITF-affiliated Papua New Guinea Maritime
    and Transport Workers' Union employed by the fishing company Frabelle
    reportedly were told by their employer that they would lose their jobs
    unless they agreed to sign a petition giving up their union membership.
        There are no export processing zones.

        c. Prohibition of Forced or Compulsory Labor.--The constitution
    prohibits forced or compulsory labor, but there were reports that such
    practices occurred.
        There were instances of women and children forced into involuntary
    domestic servitude, often by members of their immediate family or
    tribe, and of men forced to work in logging and mining camps. There
    were also reports of a growing number of foreign workers, particularly
    from China and other Pacific nations, entering the country illegally
    and being subjected to conditions of forced labor.
        Also see the Department of State's annual Trafficking in Persons
    Report at www.state.gov/g/tip.

        d. Prohibition of Child Labor and Minimum Age for Employment.--The
    law establishes the minimum working age as 16; for hazardous work, the
    minimum age is 18. However, children between the ages of 11 and 18 may
    be employed in a family business or enterprise, provided they have
    parental permission, a medical clearance, and a work permit from a
    labor office. This type of employment was rare, except in subsistence
    agriculture. Work by children between the ages of 11 and 16 must not
    interfere with school attendance. There were children selling
    cigarettes, food, CDs, and DVDs on the street and in grocery stores
    near mining and logging camps. Some children (primarily girls) worked
    long hours as domestic servants in private homes, often to repay a
    family debt to the ``host'' family. In some cases the host family was a
    relative who had informally ``adopted'' the child. The DLIR is
    responsible for enforcing child labor laws; however, enforcement was
    not effective.
        Also see the Department of State's annual Trafficking in Persons
    Report at www.state.gov/g/tip.

        e. Acceptable Conditions of Work.--The Minimum Wage Board, a quasi-
    governmental body with labor and employer representatives, sets minimum
    wages for the private sector. In April 2009 the board increased the
    minimum wage to 100.80 kina (approximately $39) per week and also
    abolished the separate, lower youth wage for new entrants into the
    labor force between the ages of 16 and 21. Although it was above the
    national per capita income, the minimum wage did not provide a decent
    standard of living for a worker and family who lived solely on the cash
    economy.
        The law regulates minimum wage levels, allowances, rest periods,
    holiday leave, and overtime. The law limits the workweek to 42 hours
    per week in urban areas and 44 hours per week in rural areas, and it
    provides for premium pay for overtime work. The law provides for at
    least one rest period of 24 consecutive hours every week. Although the
    DLIR and the courts attempted to enforce the law, they were not
    effective.
        The DLIR is also responsible for enforcing the Industrial Health
    and Safety Law and related regulations. The law requires inspection of
    work sites on a regular basis; however, due to a shortage of
    inspectors, inspections took place only when requested by workers or
    unions.
        Workers' ability to remove themselves from hazardous working
    conditions varied by workplace. Unionized workers had some measure of
    protection in such situations. The law protects legal foreign workers.
    Many illegal foreign workers lacked full legal protection and were
    vulnerable to exploitation and abuse.

                                   __________

                                  PHILIPPINES

        The Philippines, with a population of 94 million, is a multiparty
    republic with an elected president and bicameral legislature. On May
    10, approximately 75 percent of registered citizens voted in automated
    elections for president, both houses of congress, and provincial and
    local governments. The election was generally free and fair, but was
    marked by some violence and allegations of vote buying and electoral
    fraud. Long-running Communist and separatist insurgencies affected the
    country. Security forces reported to civilian authorities.
        Arbitrary, unlawful, and extrajudicial killings by elements of the
    security services and political killings, including killings of
    journalists, by a variety of state and non-state actors continued to be
    serious problems. Concerns about impunity persisted. Members of the
    security services physically and psychologically abused suspects and
    detainees, and there were instances of torture. Pretrial detainees and
    convicts were often held in overcrowded, substandard conditions.
    Disappearances occurred, and arbitrary or warrantless arrests and
    detentions were common. Trials were delayed, and procedures were
    prolonged. Corruption was endemic. Leftist and human rights activists
    reported harassment by local security forces. Problems such as violence
    against women, abuse of children, child sexual exploitation,
    trafficking in persons, child labor, and ineffective enforcement of
    worker rights were common.
        In addition to killing soldiers and police officers in armed
    encounters, rogue elements of the separatist Moro Islamic Liberation
    Front (MILF) and terrorist Abu Sayyaf Group (ASG), Jemaah Islamiya
    (JI), and New People's Army (NPA)--the military wing of the Communist
    Party--killed local government officials and other civilians. These
    same groups also were linked with bombings that caused civilian
    casualties and kidnappings for ransom. The MILF, ASG, and NPA
    reportedly used child soldiers in combat or auxiliary roles.
                            respect for human rights
    Section 1. Respect for the Integrity of the Person, Including Freedom
            From:

        a. Arbitrary or Unlawful Deprivation of Life.--Security forces and
    antigovernment insurgents committed a number of arbitrary and unlawful
    killings, including in connection with combat operations between
    government forces and Muslim rebels in parts of Mindanao (see section
    1.g.). The Commission on Human Rights (CHR), an independent government
    agency, investigated 53 new complaints of politically motivated
    killings involving 67 victims during the year. The CHR suspected
    personnel from the Philippine National Police (PNP) and the Armed
    Forces of the Philippines (AFP) in some killings of leftist activists
    operating in rural areas. Suspects in other cases were ordinary
    citizens or remained unknown. The nongovernmental organization (NGO)
    Task Force Detainees of the Philippines (TFDP) also reviewed
    allegations of summary executions by government security forces. The
    TFDP was unable to investigate all allegations it received but counted
    nine cases involving 11 victims of summary executions by government
    forces during the year. Karapatan, another NGO, recorded 44 victims of
    extrajudicial killings.
        The PNP's Task Force Usig (TFU), responsible for monitoring
    extrajudicial killings, has recorded 161 cases of killings since 2001.
    The TFU, which uses different criteria than the CHR, identified nine
    new cases of extrajudicial killings during the year. Of the 161 cases
    monitored by the TFU, 99 were filed in court and prosecutors' offices,
    61 were under investigation, and one case was closed. There were no
    convictions of state actors during the year.
        Killings of activists, judicial officials, and local government
    leaders continued to be serious problems. On March 1, two unidentified
    armed men shot and killed antimining activist Gensun Agustin in
    Calamegatan, Cagayan. On June 14, two armed men shot and killed peasant
    worker and human rights activist Benjamin Bayles in Buenavista,
    Himamaylan City, Negros Occidental. Two members of the AFP were
    arrested and charged with the murder. On July 5, Fernando Baldomero, a
    municipal councilor of Lezo, Aklan, and provincial coordinator of a
    leftist group, was shot and killed in Kalibo, Aklan. Murder charges
    were filed against two suspects on August 2, but no arrests were made.
    In separate incidents on July 9, unidentified armed men shot and killed
    peasant leader Pascual Guevarra in San Isidro, Laur Town, Nueva Ecija,
    and elementary school teacher-activist Mark Francisco in Malibas,
    Masbate. Both cases remained under investigation at year's end.
        On May 18, unidentified armed men shot and killed Judge Andres
    Cipriano in Aparri, Cagayan. There were no available witnesses, and no
    case was filed. On October 4, Judge Reynaldo Lacasandile was shot and
    killed in Vigan City. The National Bureau of Investigation filed murder
    charges against seven persons on November 8 in connection with the
    killing.
        On May 9, the day prior to national elections, two persons were
    killed and 12 wounded when a hand grenade was thrown inside a mosque in
    Pikit, North Cotabato. No group claimed responsibility for the attack,
    which authorities viewed as politically motivated.
        Vigilante groups, including those with suspected ties to state
    actors, were suspected of summary killings of adult criminals and
    minors involved in petty crime in major metropolitan areas. The
    Coalition Against Summary Execution recorded 74 cases of apparent
    vigilante killings in Davao City from January through October. The CHR
    concluded its public hearings on the Davao killings in 2009 but had not
    released its report by year's end. The international NGO Human Rights
    Watch's April 2009 report on the Davao killings concluded that members
    of the police and local officials were involved or complicit.
    Authorities made no arrests in vigilante killings cases.
        On September 8, the trial started for 19 suspects accused of
    involvement in the November 2009 massacre of 58 individuals in
    Maguindanao. An additional 32 suspects were arraigned and in pretrial
    detention. An additional 146 suspects remained at large, including 10
    police officers and four soldiers.
        Government forces, terrorist groups, and armed groups killed a
    number of civilians during clashes (see section 1.g).
        Investigations of other cases from 2009 and 2008 were ongoing.

        b. Disappearance.--During the year, the CHR investigated 10 new
    cases of enforced disappearances, abductions, and kidnappings involving
    16 victims. Of the 16 victims, eight returned to their families and
    reported they had not been detained or kidnapped, one was found alive
    and in police custody, two were found dead, and five remained missing
    as of year's end. CHR investigations found that PNP and AFP personnel
    were implicated in five of the 10 disappearance cases. Four cases
    remained under investigation, four cases were closed when the victims
    resurfaced, and two cases were closed and terminated when the family
    declined to pursue them. During the reporting period, the NGO Families
    of Victims of Involuntary Disappearances (FIND) monitored four reported
    disappearance cases involving eight victims. At year's end, five
    victims were still missing, two were found dead, and one was found
    alive.
        Some victims' families complained that the courts and police failed
    to address adequately their complaints concerning disappearances in
    which security forces were suspected. Evidence of a kidnapping or
    killing is required to file charges. FIND and other NGOs continued to
    support the efforts of victims' families to press charges. In most
    cases evidence and documentation were unavailable, and convictions were
    rare.
        There were no developments in earlier disappearance cases, and
    there were no convictions for disappearance cases during the year. The
    decision as to whether to grant the petition for a writ of amparo
    providing the court's protection to the family of indigenous rights
    activist James Balao, who disappeared in 2008, remained pending before
    the Supreme Court.
        Investigative and judicial inaction on previous cases of
    disappearance contributed to a climate of impunity and undermined
    public confidence in the justice system.
        Terrorist and criminal groups committed a number of kidnappings for
    ransom in the southern Philippines (see section 1.g.).

        c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
    Punishment.--The constitution prohibits torture, and evidence obtained
    through its use is inadmissible in court; however, members of the
    security forces and police were alleged to have routinely abused and
    sometimes tortured suspects and detainees. According to the CHR and
    human rights groups, the use of excessive force and torture remained an
    ingrained part of the arrest and detention process. Common forms of
    abuse during arrest and interrogation included electric shock,
    cigarette burns, and suffocation.
        The CHR investigated 22 cases of alleged torture involving 93
    victims, with police, military, and other law enforcement officers
    identified as suspects during the year. During the same period, the
    TFDP documented 35 cases of torture involving 57 victims and alleged
    that security forces were responsible.
        In November 2009, then president Arroyo signed the Anti-Torture Law
    that criminalizes acts of torture. Penalties range from one month to
    life in prison, depending on the gravity of the offense. The law also
    provides rehabilitation and compensation of not less than 10,000 pesos
    ($218) to victims of torture and their families. The Secretary of
    Justice and CHR chair signed the law's implementing rules and
    regulations on December 10.
        There were reports that prison guards physically abused inmates.
    The CHR and the TFDP reported that abuse by prison guards and other
    inmates was common, but prisoners, fearing retaliation, refused to
    lodge formal complaints. Women in police custody were particularly
    vulnerable to sexual and physical assault by police and prison
    officials. The police sometimes punished officers who committed assault
    or abuse. Human rights activists believed suspected ASG and NPA members
    in captivity were particular targets for abuse.
        On August 23, authorities filed administrative and criminal cases
    against a police officer, two of his superiors, and six of his
    subordinates involved in the alleged torture of a robbery suspect
    inside a police precinct in March. The case was initiated after a cell
    phone video of the suspect being questioned by police while lying
    naked, bound, and with a cord tied to his genitals was broadcast on
    local media. A police task force, the ombudsman, and the CHR conducted
    separate inquiries into the case.
        There were alleged instances of rape perpetrated by PNP officials.
    On December 31, a Manila police officer allegedly arbitrarily detained,
    robbed, and raped a woman inside the Manila Police District
    headquarters. Unlike in previous years, there were no anecdotal reports
    of an increase in rape and sexual abuse charges filed against officers.

        Prison and Detention Center Conditions.--Prison conditions were
    rudimentary and sometimes harsh. Jails and prisons were often
    overcrowded, lacked basic infrastructure, and provided prisoners with
    inadequate nutrition and medical attention.
        The Bureau of Corrections (BuCor), under the Department of Justice,
    administered seven prisons and penal farms for prisoners sentenced to
    more than three years in prison. During the year, BuCor's prisons and
    penal farms held 36,101 prisoners, including 2,041 women. The
    Department of Interior and Local Government's (DILG) Bureau of
    Management and Penology (BJMP) and PNP control over 1,002 city,
    district, and municipal jails that hold pretrial detainees, those
    awaiting final judgment, and convicts serving sentences of three years
    or less. The DILG reported that its jails operate at an average of 400
    percent over their designated capacity, and that Manila City Jail,
    built to hold 1,000 inmates, held 5,300 inmates at year's end.
        Prison and jail administrators allotted a daily subsistence
    allowance of 50 pesos ($1.10) per prisoner. Lack of potable water, poor
    sanitation, and poor ventilation continued to cause health problems.
    During the year, BuCor and the BPMJ reported 871 deaths in prison due
    to various illnesses, including cardiopulmonary arrest and pulmonary
    tuberculosis. Some prisoners, including women and children, were abused
    by other prisoners and prison personnel. The slow judicial process
    exacerbated overcrowding. During the year, the president granted
    executive clemency to 29 elderly persons. BuCor records showed that at
    least 8 percent of its inmates were 60 or older.
        According to BJMP regulations, male and female inmates should be
    held in separate facilities and, in national prisons, overseen by
    guards of the same sex; these regulations were not uniformly enforced.
    In provincial and municipal prisons, male guards sometimes supervised
    female prisoners directly or indirectly. Although prison authorities
    attempted to segregate children or place them in youth detention
    centers, in some instances children were not fully segregated from
    adult male inmates. Girls were sometimes held in the same cells as
    boys. As part of reform and budget reduction efforts during the year,
    the Government consolidated women and minors into fewer jails,
    including some that contained separate facilities for those groups. Of
    the 1,002 BJMP and PNP-managed jails, 194 had separate cells for
    minors, while 418 jails had separate cells for women. Lack of adequate
    food for minors in jails and prisons was a concern (see section 6,
    Children).
        During the year, BJMP and PNP jails held 59,289 prisoners, 95
    percent of whom were pretrial detainees. The remainder had been
    convicted of various crimes. Of the total number of sentenced prisoners
    and detainees, 5,673 were adult women and 12 were minors. During the
    same period, the BJMP released 111 minor inmates, usually in response
    to a court order following a petition by the Public Attorney's Office
    (PAO) or the inmate's private lawyer, or through NGO-led appeals.
        Prisoners and detainees generally had access to visitors, but local
    NGOs reported that family visitation was restricted at times for some
    political detainees. Prison officials noted that security concerns and
    space limitations at times restricted prisoners' access to visitors.
    Muslim officials reported that while Muslim detainees were allowed to
    observe their religion, Catholic masses were often broadcast by
    loudspeaker to prison populations made up of both Catholic and non-
    Catholic prisoners and detainees. There were no reports that
    authorities censored or blocked prisoner or detainee complaints or
    requests for investigation of inhumane conditions. International
    monitoring groups, including the International Committee of the Red
    Cross, were allowed free access to jails and prisons. However, a local
    NGO reported difficulty accessing jails or detention centers where
    children were held and was forced to seek court orders or permission
    from the governor to visit political prisoners in one provincial jail.
        In an October 16 riot in the Bataan provincial jail, 57 prisoners
    were injured when guards used water hoses, truncheons, and rubber
    bullets to quell an uprising of an estimated 900 inmates. A CHR
    investigation found that the guards used excessive force against the
    prisoners, and nine correctional officers were removed from their posts
    following the incident.
        BuCor continued to automate inmate records in order to fast track
    the release of qualified inmates, and the Public Attorney's Office
    worked with BuCor and the BJMP to address the status and circumstances
    of confinement of juvenile offenders and improve pretrial detention,
    bail, and recordkeeping procedures to ensure that prisoners do not
    serve beyond the maximum sentence for the charged offense. It also
    installed security cameras and constructed a hospital ward for inmate
    patients with pulmonary tuberculosis in one of its major prisons, and
    partnered with the Department of Health, international organizations,
    and other stakeholders to implement a tuberculosis control and
    prevention program in jails and prisons in the National Capital Region.

        d. Arbitrary Arrest or Detention.--The law requires a judicial
    determination of probable cause before issuance of an arrest warrant
    and prohibits holding prisoners incommunicado or in secret places of
    detention; however, in a number of cases, police and the AFP arrested
    and detained citizens arbitrarily. During the year, the TFDP documented
    80 cases of illegal arrest and detention involving 142 victims. The CHR
    tracked 57 cases of arbitrary arrest involving 70 victims and 40 cases
    of illegal detention involving 45 victims. During the same period, the
    NGO FIND counted one enforced disappearance victim who was later found
    alive.

        Role of the Police and Security Apparatus.--The Department of
    National Defense directs the AFP, which shares responsibility for
    counterterrorism and counterinsurgency operations with the PNP. The
    DILG directs the PNP, which is responsible for law enforcement and
    urban counterterrorism; however, governors, mayors, and other local
    officials have considerable influence over local police units. The
    132,577-member PNP has deep-rooted institutional deficiencies and
    suffered from a widely held and accurate public perception that
    corruption remained a problem. The PNP's Internal Affairs Service
    remained largely ineffective. Members of the PNP were regularly accused
    of torture, soliciting bribes, and other illegal acts. Efforts were
    underway to reform and professionalize the institution through improved
    training, expanded community outreach, and pay raises. During the year,
    there were 69 administrative cases filed against 97 members of the
    police force, including administrative officials and police officers,
    for various human rights violations. Out of the 69 cases filed, 61 were
    resolved and eight were undergoing summary proceedings. The PNP
    dismissed 12 persons in connection with these cases. The deputy
    ombudsman for the military received 67 cases involving alleged human
    rights abuses by the military and law enforcement officers from January
    to July, the majority of which were filed against low-ranking police
    and military officials. All of the cases were under investigation by
    the Deputy Ombudsman's Office as of August.
        The police and military routinely provided human rights training to
    their members, augmented by training from the CHR. The PNP maintained a
    network of 1,636 human rights desk officers at the national, regional,
    provincial, and municipal levels. The CHR noted that senior PNP
    officials appeared receptive to respecting the human rights of
    detainees, but rank-and-file awareness of detainee rights remained
    inadequate. The Commission on Appointments determines whether senior
    military officers selected for promotion have a history of human rights
    violations and solicits input from the CHR and other agencies through
    background investigations. A promotion can be withheld indefinitely if
    the commission uncovers a record of human rights abuses. Negative
    findings do not, however, preclude promotion, and there were no reports
    of promotions withheld on human rights grounds during the year.
        Human rights groups and the CHR noted little progress in
    implementing and enforcing some reforms aimed at decreasing the
    incidence of killings, and cooperation and coordination between police
    and prosecutors remained limited. On July 16, the Department of Justice
    instructed prosecutors to coordinate closely with local law enforcement
    agencies in resolving political and media killings, violence, or
    harassment. The CHR approved operational guidelines and rules of
    procedure for its witness protection program on April 8, but funding
    for the CHR and government witness protection programs remained
    inadequate. Potential witnesses were at times unable to enter the
    program due to funding constraints or procedural delays. On June 14, a
    potential witness in the November 2009 massacre in Maguindanao, Suwaib
    Upahm, was shot and killed in Parang, Maguindanao, while his request
    for entry into the witness protection program was pending with the
    Department of Justice. Police arrested two suspects on July 4.
        The AFP did not aggressively pursue internal investigations into
    alleged serious human rights abuses by some of its members. From
    January to July, the AFP Human Rights Office monitored four new cases
    of killings, two cases of torture, illegal detention, and illegal
    arrest, and one case of enforced disappearance. Murder charges were
    filed in civilian courts in one of these cases (see section 1.a).
        Government-armed civilian militias supplemented the AFP and the
    PNP; the AFP held operational control of Citizens' Armed Force
    Geographical Units (CAFGU), and Civilian Volunteer Organizations (CVOs)
    fell under PNP command. These paramilitary units often received minimal
    training and were poorly monitored, tracked, and regulated. Some
    politicians and clan leaders, particularly in Mindanao, maintained
    their own private armies and at times co-opted CVO and CAFGU members
    into these armies. Human rights NGOs have linked state-backed militias
    and private armies with numerous human rights abuses, including the
    2009 massacre of 58 people--family members and supporters of a
    gubernatorial candidate, 31 media members, and six passersby--in
    Maguindanao Province.

        Arrest Procedures and Treatment While in Detention.--Citizens are
    apprehended openly with warrants based on sufficient evidence and
    issued by a duly authorized official, and are brought before an
    independent judiciary. However, there were some reports during the year
    of citizens, including minor children, being picked up by security
    forces without warrants and detained arbitrarily. The Human Security
    Act of 2007 permits warrantless arrests and detention without charges
    for up to three days for committing or attempting to commit acts of
    terrorism; the Supreme Court upheld the constitutionality of this act
    on October 5. Detainees have the right to a judicial review of the
    legality of their detention and, except for offenses punishable by a
    life sentence, the right to bail. During the year, 8,260 detainees (14
    percent of detainees) were able to post bail. The law provides an
    accused or detained person the right to a lawyer of his choice and, if
    indigent, to one provided by the state. Authorities are required to
    file charges within 12 to 36 hours for arrests made without warrants,
    with the time given to file charges increasing with the seriousness of
    the crime. Lengthy pretrial detention remained a problem, due largely
    to the under-resourced justice system. The BJMP released 29,800 inmates
    during the year as part of jail decongestion programs. There was no
    available data indicating the number of detainees who were released
    because they had been jailed for periods equal to or longer than the
    maximum prison terms they would have served if convicted. Large jails
    employed paralegals to monitor inmates' cases to prevent detention
    beyond the maximum sentence and to assist decongestion efforts.
        On December 10, President Aquino ordered all charges dropped
    against 43 suspected NPA members arrested in a joint PNP and AFP
    operation in Morong, Rizal, on February 6. The group, dubbed the
    ``Morong 43,'' asserted they were medical professionals and volunteer
    health workers attending a community-health training seminar. Although
    arrested by the PNP, the group initially was detained at a secure
    military compound. Local CHR personnel, legal counsel, and relatives
    were denied prompt access to the detainees, and there were reports of
    psychological and physical abuse in the initial hours of their
    detention. On February 11, a total of 40 detainees were charged with
    illegal firearms possession and the remaining three with illegal
    possession of firearms and explosives, all nonbailable offenses. On May
    1, after almost three months in military custody, 38 detainees were
    transferred to a PNP detention center in Metro Manila. The other five
    detainees reportedly admitted their NPA affiliation and became state
    witnesses; they remained in military custody as part of the rebel
    returnee program. A local court ordered release of the ``Morong 43'' on
    December 17 following the Department of Justice's (DOJ) withdrawal of
    the criminal charges on grounds of illegal search and arrest, as it was
    determined that evidence gathered under a defective search warrant
    could not be used in court. Three members of the group remained in jail
    at year's end due to pending charges in other, unrelated cases; the
    five state witnesses opted to remain in the rebel returnee program.
        The NPA and some Islamic separatist groups were responsible for a
    number of arbitrary detentions, including kidnappings and hostage
    taking.

        Amnesty.--On October 12, President Aquino issued a proclamation
    granting amnesty to more than 300 soldiers and marines accused of
    participating in mutinies in 2003, 2006, and 2007.

        e. Denial of Fair Public Trial.--The law provides for an
    independent judiciary; however, the judicial system suffered from
    corruption and inefficiency. Personal connections and sometimes bribery
    resulted in impunity for some wealthy or influential offenders. This
    contributed to widespread skepticism that the judicial process could
    deliver due process and equal justice. The Supreme Court continued
    efforts to ensure speedier trials, sanction judicial malfeasance,
    increase judicial branch efficiency, and raise public confidence in the
    judiciary. No judges were dismissed or disciplined during the year.

        Trial Procedures.--The law requires all persons accused of crimes
    be informed of the charges against them, have the right to counsel, and
    be provided a speedy and public trial before a judge. Defendants are
    presumed innocent and have the right to confront witnesses against
    them, present evidence, and appeal convictions. The authorities
    respected defendants' right to be represented by a lawyer, but poverty
    often inhibited a defendant's access to effective legal representation.
    Skilled defense lawyers staffed the PAO, but their workload was large
    and resources were scarce. The PAO provided legal representation for
    indigent litigants at trial; however, during arraignment courts may, at
    their option, appoint any lawyer present in the courtroom to provide
    counsel to the accused.
        The law provides that cases should be resolved within set time
    limits once submitted for decision: 24 months for the Supreme Court; 12
    months for a court of appeals; and three months for lower courts.
    However, these time limits were not mandatory and were not respected in
    practice. In effect, there were no time limits for trials. Government
    officials estimated that it takes an average of five to 10 years to
    obtain a conviction and that the national conviction rate was 20
    percent. The system relied heavily on witnesses' testimony and gave
    relatively little weight to circumstantial and forensic evidence.
    Written evidence and wiretaps were not routinely employed.
        Lengthy pretrial detention remained a problem. Trials take place in
    short sessions over time as witnesses and court time become available;
    these noncontinuous sessions created lengthy delays. Furthermore, there
    was a widely recognized need for more prosecutors, judges, and
    courtrooms. Judgeship vacancy rates were high; of the total 2,187
    trial-court judgeships, 531 (24 percent) were vacant. Courts in
    Mindanao and poorer provinces had higher vacancy rates than the
    national average. Sharia (Islamic Law) court positions were
    particularly difficult to fill because of the requirement that
    applicants be members of both the Sharia Bar and the Integrated Bar.
    All five Sharia district court judgeships and 39 percent of circuit
    court judgeships remained vacant. Sharia courts do not have criminal
    jurisdiction.

        Political Prisoners and Detainees.--Various human rights NGOs
    maintained lists of incarcerated persons they considered to be
    political prisoners. The TFDP tracked 287 political prisoners during
    the year, the majority of whom had not been convicted. Some NGOs
    asserted it was frequent practice to make politically motivated arrests
    of persons for common crimes or on fabricated charges, and to continue
    to detain them after their sentences expired.
        The Government used NGO lists as one source of information in the
    conduct of its pardon, parole, and amnesty programs, but it did not
    consider the persons listed to be political detainees or prisoners.
    During the year, the Government released eight persons whom NGOs
    claimed were political prisoners.
        The Government permitted access to alleged political prisoners by
    international humanitarian organizations.

        Civil Judicial Procedures and Remedies.--The judiciary is
    independent and impartial in civil matters. There are administrative
    remedies as well as judicial remedies for civil complaints; however,
    corruption was widespread in the judiciary, and cases often were
    dismissed. Complainants have access to local trial courts to seek
    damages for, or cessation of, human rights abuses.

        f. Arbitrary Interference With Privacy, Family, Home, or
    Correspondence.--The law allows judges to issue search warrants on a
    finding of probable cause. While the Government generally respected
    restrictions on search and seizure within private homes, searches
    without warrants occurred. Judges generally declared evidence obtained
    illegally to be inadmissible.
        The Government generally respected the privacy of its citizens;
    however, leaders of communist and leftist organizations and rural-based
    NGOs complained of what they described as a pattern of surveillance and
    harassment.
        Forced resettlement of urban squatters, who made up at least 30
    percent of the urban population, continued during the year. The law
    provides certain protections for squatters; eviction was often
    difficult, especially because politicians recognized squatters' voting
    power. Government relocation efforts were constrained by budget
    limitations, and the issuance of land titles to squatters was limited.

        g. Use of Excessive Force and Other Abuses in Internal Conflicts.--
    The Government combated antigovernment forces and terrorists who
    actively sought to destabilize the country during the year. Government
    forces killed a number of civilians during clashes with antigovernment
    forces. Some citizens' groups complained that the AFP, in confronting
    the ASG and NPA, illegally detained citizens, destroyed houses,
    displaced residents, and shelled villages. Clashes between the AFP and
    forces of the separatist MILF and incidents of clan violence continued
    in central Mindanao during the year, resulting in the deaths of
    civilians and the displacement of thousands of others. In July 2009 the
    Government and the MILF signed an agreement to end hostilities and
    resume discussions on a comprehensive peace agreement. Formal
    negotiations between the two parties did not resume prior to year's
    end.

        Killings.--Government forces acknowledged the civilian deaths in
    the course of military operations against the MILF, NPA, and other
    groups, whose forces also killed civilians, police officers, and AFP
    soldiers. On November 15, three civilians, including respected botanist
    Leonardo Co, were killed during AFP combat operations in Kananga,
    Leyte. AFP forces asserted the civilians were caught in the crossfire
    between the military and suspected NPA insurgents; other witnesses
    reported the firing came only from one side. CHR and DOJ investigations
    into the case were ongoing at year's end.
        Military sources reported that 176 AFP members were killed in
    action during encounters with rebel and terrorist groups during the
    year, 166 by the NPA and 10 by the ASG. During the same period, AFP
    operations killed 131 insurgents: 97 suspected NPA members, 23 ASG
    members, and 11 MILF members. Insurgents killed 11 PNP officers during
    the year, and the PNP claimed 44 NPA insurgents were killed in police
    operations around the country. The AFP also recorded 55 bombings during
    the same period.
        NGOs alleged that government security forces abducted, tortured, or
    killed civilians during military operations against the MILF. NGOs also
    reported that indiscriminate shelling of villages by security forces
    led to civilian deaths. There were reports that both the MILF and
    government forces set fire to villages. Clan feuds contributed to
    violence between various armed factions in Mindanao.
        The Government suspected groups with ties to the ASG or JI were
    responsible for bombings in Cotabato City, Jolo City, and Zamboanga
    City that killed civilians. No group claimed responsibility for the
    attacks. The Government also attributed fatal bombings and beheadings
    in Basilan to the ASG.
        Communist insurgents, mainly from the NPA, used roadside bombs,
    ambushes, and other means to kill political figures, military and
    police officers, and civilians, including suspected military and police
    informers. The NPA and other criminal extortion groups also harassed
    businesses and government offices, and burned farms, businesses, and
    private communication facilities to enforce the collection of
    ``revolutionary taxes.
        In separate June 27 incidents, suspected NPA members shot and
    killed village chief Maritess Toldanes in Balatan, Camarines Sur, and a
    Sorsogon-based former militia member, Rodrigo Felonia. Toldanes
    reportedly was killed when she refused an NPA extortion attempt. The
    NPA also claimed responsibility for the July 13 killing of former
    Eastern Samar Town Mayor Mateo Biong, Jr. and the July 31 killing of
    former NPA member Crisaldo Banan, an alleged military informant.
        On March 6, alleged NPA members ambushed and killed 11 soldiers on
    an election security detail in Mansalay, Oriental Mindoro. On June 9,
    seven AFP soldiers were killed in an ambush by suspected NPA members
    while securing a village for a medical mission in Bontoc Town, Mountain
    Province. On August 22, the NPA claimed responsibility for an August 21
    ambush by landmine and small arms fire in Catarman, Northern Samar,
    that killed eight police officers. On December 14, two days before a
    scheduled holiday ceasefire, NPA members killed 10 AFP soldiers in a
    landmine-initiated ambush in Northern Samar. A nine-year-old boy was
    also killed in the attack.

        Abductions.--Numerous kidnappings by various armed criminal and
    terrorist groups, including the ASG, were recorded in Mindanao and the
    Sulu Archipelago. Often victims were released in exchange for payments
    or rescued by authorities, while others were killed by their captors.
        At least 23 individuals, including five businessmen, three
    soldiers, three farmers, three loggers, two teachers, and one militia
    member, were reportedly abducted by ASG, NPA, and other kidnap-for-
    ransom groups in Compostela Province, Basilan, Cotobato City, and the
    Zamboanga Peninsula during the year. Five were killed and 12 were
    either rescued or released; six remained missing or captive.
        Unidentified gunmen abducted Nuraldin Yusoph, son of a Commission
    on Elections (COMELEC) commissioner, in Marawi City on June 20. In
    exchange for his release, the kidnappers demanded the commission
    nullify election results in four Lanao del Sur towns. Nuraldin was
    released unharmed on July 19 in Cagayan de Oro.
        On July 29, NPA members used five children as human shields during
    an encounter with government soldiers in Lupi Town, Camarines Sur. The
    hostages were later released unharmed.

        Child Soldiers.--During the year, the NPA and the ASG targeted
    children for recruitment as combatants and noncombatants. The NPA
    claimed it assigned persons 15 to 18 years of age to self-defense and
    noncombatant duties; however, there were reports the NPA continued to
    use minors in combat. During the year, the AFP reportedly rescued eight
    child soldiers, all of whom were allegedly recruited by the NPA.
        The ASG recruited teenagers to fight and participate in its
    activities. The AFP stated that some Islamic schools in Mindanao served
    as fronts to indoctrinate children.
        In May the UN released a report identifying the ASG, the NPA, and
    the MILF as among the world's ``persistent violators of children in
    armed conflicts.'' According to the report, these groups have recruited
    or used child soldiers for at least the past five years. It noted the
    progress made with the MILF when its representatives signed the July
    2009 action plan to prevent recruitment and use of child soldiers and
    to release children from all MILF units. The UN report also noted
    isolated cases of minors, ages 15-17, being voluntarily recruited into
    the paramilitary Citizen Armed Forces Geographical Units that fall
    under AFP operational control (see section 1.d.). At year's end,
    according to the UN Children's Fund the Government was discussing the
    issue with the UN country task force.
        During the year, the Department of Social Welfare and Development
    (DSWD) assisted one child soldier rescued from rebel groups. Government
    reporting mechanisms for children in armed conflict were inconsistent
    between agencies and regions, making it difficult to evaluate the scope
    of the problem. See also the Department of State's annual Trafficking
    in Persons report at www.state.gov/g/tip.

        Other Conflict-Related Abuses.--Clashes between the MILF and AFP
    continued and caused the number of internally displaced persons (IDPs)
    to fluctuate. Most IDPs were in the central Mindanao provinces of Lanao
    del Norte, Cotabato, and Maguindanao (see section 2.d.).
        The NPA continued to subject military personnel, police, local
    politicians, and other persons to its so-called courts for ``crimes
    against the people.'' The NPA executed some of these ``defendants.''
    The MILF also maintained its own ``people's courts.'' The AFP used
    civilian facilities such as schools to quarter soldiers during military
    operations in remote areas. NGOs claimed the AFP sometimes appropriated
    civilian facilities or private property without compensation to
    residents.
    Section 2. Respect for Civil Liberties, Including:

        a. Freedom of Speech and Press.--The constitution provides for
    freedom of speech and of the press, and the Government generally
    respected these rights in practice.
        The Government owned several television and radio stations;
    however, most print and electronic media were privately owned. The
    independent media were active and expressed a wide variety of views
    without restriction, but they were freewheeling and often criticized
    for lacking rigorous journalistic standards. They tended to reflect the
    particular political or economic orientations of owners, publishers, or
    patrons, some of whom were close associates of present or past high-
    level officials. Special interests often used bribes and other
    inducements to solicit one-sided and erroneous reports and commentaries
    that supported their positions. Journalists continued to face
    harassment and threats of violence from individuals critical of their
    reporting.
        Journalists continued to be killed. The Center for Media Freedom
    and Responsibility (CMFR) reported eight journalists killed during the
    year. The CMFR claimed that four out of the eight were killed in the
    line of duty. The TFU, which also tracks killings of media
    practitioners, classified two of these cases as work-related killings.
    The TFU has recorded 39 media practitioners slain in work-related
    killings since 2001; this total does not include the 31 media members
    killed in the Maguindanao massacre, which was monitored by a special
    task force.
        On June 14, a gunman shot and killed local broadcaster Desiderio
    Camangyan, an anti-illegal logging activist, in Manay, Davao Oriental.
    On July 21, murder charges were filed against a local police officer
    and a local village chief in Camangyan's death. The police officer is
    under restrictive custody pending preliminary investigation. On July 9,
    two gunmen shot Iriga City-based radio broadcaster Miguel Belen in
    Nabua, Camarines Sur; he died 20 days later. Murder charges were filed
    against two suspects on August 6.
        On July 21, two gunmen shot and killed local radio broadcaster
    Jovelito Agustin in Laoag City, Ilocos Norte. On the same day, murder
    charges were filed against a local government official and his aide.
        Cases of journalist killings for 2009 and 2008 remained ongoing.
        On August 6, a local court acquitted a former police officer and
    another suspect in the 2004 killing of Laoag City-based radio
    broadcaster Roger Mariano.
        Human rights NGOs frequently criticized the Government for failing
    to protect journalists. The National Union of Journalists of the
    Philippines accused the police and the Government of failing to
    investigate adequately these killings and of subjecting journalists to
    harassment and surveillance. In some situations it was difficult to
    discern if violence against journalists was carried out in retribution
    for their profession or if these journalists were the victims of random
    crime.

        Internet Freedom.--There were no government restrictions on access
    to the Internet or reports that the Government monitored e-mail or
    Internet chat rooms. Individuals and groups could engage in peaceful
    expressions of views via the Internet, including by e-mail. Internet
    access was available widely. According to International
    Telecommunication Union statistics for 2009, approximately 6.5 percent
    of the country's inhabitants used the Internet.

        Academic Freedom and Cultural Events.--Student groups at some
    universities accused security forces of harassing student political
    groups. The Government did not otherwise interfere with academic
    freedom. There were no government restrictions on academic freedom or
    cultural events.

        b. Freedom of Peaceful Assembly and Association.--Freedom of
    Assembly.--The law provides for freedom of assembly, and the Government
    generally respected this right in practice. The police exhibited
    professionalism and restraint in dealing with demonstrators, with a few
    exceptions. An NGO reported that protesters were injured by police in a
    July 3 protest in Manila calling for land reform.

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

        c. Freedom of Religion.--For a description of religious freedom,
    please see the Department of State's 2010 International Religious
    Freedom Report at http://www.state.gov/g/drl/irf/rpt.

        d. Freedom of Movement, Internally Displaced Persons, Protection of
    Refugees, and Stateless Persons.--The constitution provides for freedom
    of movement within the country, foreign travel, emigration, and
    repatriation, and the Government generally respected these rights in
    practice. The Government cooperated with the Office of the UN High
    Commissioner for Refugees (UNHCR) and other humanitarian organizations
    in providing protection and assistance to internally displaced persons,
    refugees, returning refugees, asylum seekers, stateless persons, and
    other persons of concern.
        Foreign travel was limited only in rare circumstances, such as when
    a citizen has a pending court case. Government authorities discouraged
    travel by vulnerable workers to areas in which they faced personal
    risk.
        The Government retained its formal ban on travel to Iraq for the
    purposes of employment, but the Department of Foreign Affairs estimated
    that 6,000 Filipinos worked there. The travel ban also included
    Afghanistan, Nigeria, Somalia, Jordan, and Lebanon. The Philippine
    Overseas Employment Administration (POEA) sought to regulate and
    control departures for work abroad, and required citizens to register
    with government agencies and receive pre-departure screening, training
    and certification before traveling for employment overseas. Millions of
    citizens worked overseas and remitted money home. Such remittances were
    equivalent to approximately 10 percent of the 2010 gross domestic
    product.
        Forced exile is illegal, and the Government did not use it.

        Internally Displaced Persons.--Clashes between the AFP and the MILF
    and incidents of clan violence during the first half of the year caused
    the number of internally displaced persons (IDPs) to fluctuate. The
    International Organization for Migration (IOM) estimated 26,600
    families, or between 128,000 and 160,000 individuals, remained
    displaced in Mindanao either by the AFP/MILF conflict or by clan
    violence. The overwhelming majority were located in Maguindanao
    Province and the Muslim-majority areas of Cotabato. A July IOM report
    estimated 18,874 families, or between 94,000 and 113,000 persons, were
    living in displacement camps, evacuation centers, relocation sites, or
    in the homes of relatives in Maguindanao, and that nearly 25,000 people
    had been displaced by clan violence.
        In October 2009 the Government and the MILF signed an Agreement on
    the Civilian Protection Component of the International Monitoring Team,
    which reconfirmed their obligations under international humanitarian
    and human rights law to refrain from intentionally targeting or
    attacking noncombatants and to avoid acts that would cause collateral
    damage to civilians. The agreement also includes provisions for the
    protection of key civilian facilities, such as schools, hospitals and
    relief distribution sites. The terms of reference had not, however,
    been finalized as of year's end.
        The Government permitted humanitarian organizations to access IDP
    sites. NGOs noted that food aid was sometimes delayed. Security forces
    did not target IDPs, but military operations were carried out near IDP
    sites. The Government did not restrict the movement of IDPs. At various
    times the Government encouraged IDPs to return home, but they often
    were reluctant due to security concerns and food scarcity. On November
    26, unidentified gunmen attacked a UN World Food Program (WFP) truck in
    Lanao del Sur, killing one WFP contract worker. The incident remained
    under investigation at year's end.
        Government agencies, often with support from UN agencies and other
    international assistance, provided food assistance and other goods,
    constructed shelters and public infrastructure, repaired schools,
    constructed sanitation facilities, offered immunization, health, and
    social services, and provided cash assistance and skills training.
    Following its July 2009 cease-fire agreement with the MILF, the
    Government embarked on a program to assist IDPs to return to their
    villages and regain their livelihoods. UN reports indicated that some
    IDPs, particularly in Maguindanao and Lanao del Norte provinces,
    returned to their villages as a result of the improved security
    situation. Other agencies, including the UN Development Program,
    Mindanao Emergency Response Network, and the Red Cross, continued to
    provide food and essential items such as medicine, blankets, water
    containers, and mosquito nets.

        Protection of Refugees.--No comprehensive legislation provides for
    granting refugee status or asylum. In practice the Government provided
    protection against the expulsion or return of refugees to countries
    where their lives or freedom would be threatened on account of race,
    religion, nationality, membership in a particular social group, or
    political opinion. The refugee unit in the DOJ determined which asylum
    seekers qualify as refugees. The Government also provided temporary
    protection to individuals who may not qualify as refugees. There were
    no reports of the Government extending such protections during the
    year.
        The Government cooperated with the UNHCR and other humanitarian
    organizations in assisting refugees. In August 2009 the Department of
    Foreign Affairs and the UNHCR signed a Memorandum of Agreement on the
    Emergency Transit of Refugees, permitting the transit of refugees
    through the Philippines for onward resettlement in another country. The
    UNHCR recorded the transit of 216 refugees 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 through periodic
    elections that were largely free and fair and held on the basis of
    universal suffrage.

        Elections and Political Participation.--On May 10, the country
    conducted nationwide elections for president, both houses of congress,
    provincial governors, and local government officials. It was the
    country's first automated election, and voter turnout was high despite
    procedural problems that caused extensive polling delays. International
    and national observers viewed the election as generally free and fair,
    but there were incidents of violence and allegations of fraud in some
    areas. The PNP recorded 180 election-related violent incidents
    resulting in the deaths of 55 persons between January 10 and June 9.
        On March 30, the COMELEC approved a resolution allowing registered
    detainees to vote. According to the BJMP, an estimated 17,336 detainees
    voted in the May 10 elections.
        Some 300,000 poll station workers, mostly teachers, were denied the
    right to vote when COMELEC failed to create procedures allowing them to
    vote at their assigned polls, which generally were outside their
    designated precinct.
        In general, political parties could operate without restriction. On
    April 8, the Supreme Court ruled in favor of party-list accreditation
    for Ang Ladlad, an organization representing lesbian, gay, bisexual,
    and transgender (LGBT) persons. COMELEC had rejected the group's
    petition for accreditation in October 2009 on grounds it ``tolerates
    immorality, which offends religious beliefs.''
        There were no restrictions in law or practice on participation by
    women and members of minorities in politics. Many women held positions
    of leadership and authority. There were three women in the 24-seat
    Senate and 57 women in the 268-seat House of Representatives. There
    were six women in the 32-member cabinet, three female associate
    justices on the 15-member Supreme Court, and 16 women among the 82
    governors.
        Muslims, indigenous groups, and other citizens argued that electing
    senators from a nationwide list favored established political figures
    from the Manila area. Election of senators by region would require a
    constitutional amendment, which many Muslims and members of other
    groups underrepresented in the national legislature favored. There were
    no Muslim or indigenous senators and no Muslim or indigenous cabinet
    members. There were 11 Muslim members in the House of Representatives,
    mostly elected from Muslim-majority provinces, and one member of
    indigenous descent.
    Section 4. Official Corruption and Government Transparency
        The law provides criminal penalties for official corruption;
    however, the Government did not implement the law effectively, and
    officials often engaged in corrupt practices with impunity. Both the
    Government and the private sector have established a number of
    anticorruption bodies, including an ombudsman's office and an
    anticorruption court, and public officials were subject to financial
    disclosure laws. During the year, the Government convicted 42 officials
    in 125 corruption cases, including the March 3 conviction of a former
    representative in Sorsogon and the August 19 conviction of a former
    state university president. There were reports of widespread corruption
    among prison guards and, to some extent, at higher levels of authority
    within the prison system. The 132,577-member PNP suffered from a widely
    held and accurate public perception that corruption remained a problem.
    PNP members were regularly accused of soliciting bribes and other
    illegal acts.
        The law provides for the right to information on matters of public
    concern. However, denial of such information often occurred when the
    information related to an anomaly or irregularity in government
    transactions, and little government information was available
    electronically, making it difficult to retrieve. In addition, no
    legislation sets procedures for access to information or penalties for
    officials who fail to disclose lawfully available data.
    Section 5. Governmental Attitude Regarding International and
            Nongovernmental Investigation of Alleged Violations of Human
            Rights
        A number of domestic and international human rights groups
    generally operated without government restriction, investigating and
    publishing their findings on human rights cases. Government officials
    were somewhat cooperative and responsive to their views. The CHR and,
    to some extent, the PNP responded to and investigated cases of human
    rights abuses, as requested by NGOs. Human rights activists continued
    to encounter occasional harassment, mainly from security forces or
    local officials from the area in which incidents under investigation
    took place. The Presidential Human Rights Committee consulted with NGOs
    but did not include representation from the NGO community, which some
    groups claimed reduced their ability to participate in the Government's
    human rights initiatives.
        The Government cooperated with international organizations.
        The CHR is mandated to protect and promote human rights. It is
    empowered to investigate all human rights violations and to monitor the
    Government's compliance with international human rights treaty
    obligations. The CHR has authority to make recommendations regarding
    military and higher-level police promotions. The commission has a
    chairperson and four members. CHR monitoring and investigating
    continued to be hamstrung by insufficient resources. Approximately
    three-quarters of the country's 42,000 barangays (villages) have human
    rights action centers, which coordinated with CHR regional offices;
    however, CHR's regional and subregional offices remained understaffed
    and underfunded. The CHR nationwide budget increased 12 percent over
    the prior year to 285.89 million pesos (approximately $6.23 million).
    The CHR conducted numerous investigations during the year and faced
    some difficulty accessing military facilities and privately owned sites
    to conduct its searches for missing or detained persons.
        The House of Representatives and Senate maintained active human
    rights committees.
    Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
        The law prohibits discrimination against women, children, and
    minorities; however, vague regulations and budgetary constraints
    hindered implementation of these protections.

        Women.--Rape, including spousal rape, is illegal, but enforcement
    was ineffective. Rape continued to be a problem, with most cases
    unreported. From January to November, the PNP reported 4,776 rape
    cases, 15 percent higher than reported in 2009. The Bureau of
    Correction's prisons and penal farms held 3,992 prisoners convicted of
    rape, 42 of whom were serving life sentences. There were reports of
    rape and sexual abuse of women in police or protective custody--often
    women from marginalized groups, such as suspected prostitutes, drug
    users, and lower-income individuals arrested for minor crimes. There
    were alleged instances of rape perpetrated by PNP officials. Unlike in
    previous years, there were no anecdotal reports of an increase in rape
    and sexual abuse charges filed against police officers.
        Violence against women remained a serious problem. The law
    criminalizes physical, sexual, and psychological harm or abuse to women
    and their children committed by their spouses or partners. From January
    through November, the PNP reported 9,225 cases of domestic violence
    against women and their children, a 91 percent increase over the same
    period last year. This number likely underreported significantly the
    level of violence against women and children.
        A local women's support group noted that, in smaller localities,
    perpetrators of abuse sometimes used personal relationships with local
    authorities to avoid prosecution. On other occasions, women who sought
    to file complaints through the police were told to pay special fees
    before their complaints could be registered.
        The PNP and the DSWD both maintained help desks to assist victims
    of violence against women and to encourage the reporting of crimes.
    With the assistance of NGOs, officers received gender sensitivity
    training to deal with victims of sexual crimes and domestic violence.
    Approximately 10 percent of PNP officers were women. The PNP has a
    Women and Children's Unit to deal with these matters. There are 1,843
    PNP women and children's desks throughout the country.
        Although prostitution was illegal, sex tourism, with clients coming
    from domestic sources, the United States, Europe, Australia, and other
    East Asian countries, continued during the year. Trafficking in women
    both domestically and internationally for forced labor and sexual
    exploitation remained serious problems. Please see the Department of
    State's annual Trafficking in Persons Report at www.state.gov/g/tip.
        The law prohibits sexual harassment, but it remained widespread and
    underreported in the workplace due to victims' fear of losing their
    jobs. Women in the retail industry worked on three- to six-month
    contracts and were often reluctant to report sexual harassment for fear
    their contracts would not be renewed. Some labor unions protested age
    discrimination and punitive action against female employees who became
    pregnant (see section 7 a.).
        The constitution upholds the basic right of couples and individuals
    to decide freely and responsibly the number, spacing, and timing of
    their children, and to have the information and means to do so free
    from discrimination, coercion, and violence. However, the provision of
    health care services is the responsibility of local governments, and
    although men and women generally were treated equally, restrictions on
    the provision of birth-control supplies by government-run health
    facilities in some localities reduced the availability of family-
    planning resources for impoverished women. For example, in 2000 the
    then mayor of Manila issued an executive order that discouraged the use
    of artificial contraception and required city hospitals and health
    clinics to develop programs to promote natural family planning.
    According to NGOs, city hospitals and health clinics have ceased to
    procure, offer, or advise on artificial contraception since the
    implementation of the order, which remained in effect at year's end. In
    an October 7 advisory, the CHR found the executive order to be in
    violation of the laws on non-discrimination. While artificial
    contraception could be purchased on the open market, it remained
    unaffordable for many of the city's poorest residents.
        Social hygiene clinics in urban areas served everyone who sought
    consultation and treatment. Women and men were equally diagnosed and
    treated for sexually transmitted infections, including HIV. The
    Department of Health trained rural health physicians in diagnosis and
    treatment, but local health offices faced resource constraints. For
    maternal health services, 70 percent of pregnant women had at least
    four antenatal care visits, and 40 percent of births were facility
    based or had skilled birth attendants. According to UN Population Fund
    statistics, the adjusted maternal mortality rate was 160 deaths per
    100,000 live births in 2009.
        The law does not provide for divorce, although courts generally
    recognized the legality of divorces obtained in other countries if one
    of the parties is a foreign national. Marriage can be terminated
    through a legal annulment, but the cost precludes annulment as an
    option for many families. Many lower-income couples simply separated
    informally without severing their marital ties. The family code
    provides that in child-custody cases resulting from annulment,
    illegitimacy, or divorce in another country, children under the age of
    seven are placed in the care of the mother unless there is a court
    order to the contrary. Children over the age of seven normally also
    remained with the mother, although the father could dispute custody
    through the courts.
        By law, but not always in practice, women have most of the rights
    and protections accorded to men. Women are accorded the same rights as
    men in respect to the ownership, acquisition, management,
    administration, enjoyment, and disposition of property and assets.
    Although they faced workplace discrimination, women continued to occupy
    positions at all levels of the workforce. In an April labor force
    survey, 57 percent of government officials, corporate executives,
    managers, and supervisors were women. The survey also revealed that of
    the 3.1 million unemployed persons, 37.5 percent were women and 62.5
    percent were men.
        The Philippine Commission on Women (PCW), composed of 10 government
    officials and 11 NGO leaders appointed by the president, is the primary
    policy-making and coordinating body on issues of women and gender
    equity.

        Children.--Citizenship is derived by birth within the country's
    territory or from one's parents. The Government continued to promote
    birth registration. Credible organizations estimated there were more
    than two million unregistered children in the country, primarily among
    Muslim and indigenous groups.
        Elementary and secondary education is free and compulsory through
    age 11, but the quality of education remained poor and access was not
    universal. Public elementary and secondary school enrollment rates were
    85 and 62 percent, respectively. According to the 2007 UNICEF Mid-Term
    Review, boys were more likely than girls to drop out of school.
    Children could be deprived of education if they lacked required
    documents, such as birth certificates.
        Child abuse remained a problem. From January to June, DSWD offices
    served 4,451 victims of child abuse, of whom 66 percent were girls.
    Approximately 44 percent of the girls were victims of sexual abuse,
    while 2 percent were victims of sexual exploitation. Some children also
    were victims of police abuse while in detention for committing minor
    crimes. Several cities ran crisis centers for abused women and
    children. Foreign pedophiles exploited children, and the Government
    continued its efforts to prosecute accused pedophiles and deport
    foreign pedophiles.
        Child prostitution continued to be a serious problem, and the
    country remained a destination for child sex tourism. Since the passage
    of a law against child labor in 2003, the Department of Labor and
    Employment (DOLE) ordered the closure of 22 establishments for
    allegedly prostituting minors. Trials in these cases were ongoing. In
    2009 DOLE issued new regulations that facilitate the immediate closure
    of establishments suspected of using children for commercial sex acts,
    with court hearings to determine the validity of the Government's
    complaint to be held at a later time. Under the new regulation, the
    DOLE was able to close two establishments as of year's end.
        The minimum age for consensual sex is set at 12 years of age. The
    statutory rape law criminalizes sex with minors under the age of 12 and
    sex with a child under age 18 involving force, threat, or intimidation.
    The maximum penalty for child rape is reclusion perpetua, a 40-year
    sentence with no option for pardon or parole until 30 years have been
    served and a lifetime bar to holding political office. In November 2009
    President Arroyo signed the Anti-Child Pornography Act, which carries
    penalties ranging from one month to life in prison and fines from
    50,000 to five million pesos ($1,090 to $109,051), depending on the
    gravity of the offense. Law enforcement agencies and NGOs report that
    minors continued to be unlawfully used in the production of child
    pornography and exploited in cybersex operations.
        The NPA and ASG continued to recruit minors both as combatants and
    noncombatants (see section 1.g.).
        UNICEF estimated that there were 250,000 street children. Many
    street children appeared to be abandoned and engaged in scavenging or
    begging. At year's end the DSWD had provided services to 2,360 street
    children nationwide.
        NGOs alleged that vigilantes with ties to government authorities
    were responsible for killing street children engaged in petty crime in
    Davao and other major cities (see section 1.a.). Children were affected
    by displacement in central Mindanao but generally had access to
    government services (see section 2.d.).
        A variety of national executive orders and laws provide for the
    welfare and protection of children. Police stations have child and
    youth-relations officers to ensure that child suspects are treated
    appropriately, but procedural safeguards often were ignored in
    practice. According to the BJMP, 418 minors were held on ``preventive
    detention'' while their trials were underway. Many child suspects were
    detained for extended periods without access to social workers and
    lawyers and were not segregated from adult criminals. NGOs believed
    that children held in integrated conditions with adults were highly
    vulnerable to sexual abuse, recruitment into gangs, forced labor,
    torture, and other ill treatment.
        During the year, government agencies and NGOs transferred 399 minor
    prisoners to DSWD rehabilitation centers and continued to work to
    secure the release of minors wrongfully imprisoned and of those below
    15 years of age. The DSWD ran 11 regional youth rehabilitation centers
    for juvenile offenders. There were three detention centers for children
    in Manila.
        The Philippines is not a party to the 1980 Hague Convention on the
    Civil Aspects of International Child Abduction. For information on
    international parental child abduction, please see the Department of
    State's country-specific information at http://travel.state.gov/
    abduction/country/country--3781.html.

        Anti-Semitism.--An estimated 400 to 1,000 mostly foreign nationals
    of Jewish heritage lived in the country. There were no reports of anti-
    Semitic acts.

        Trafficking in Persons.--For information on trafficking in persons,
    please see the Department of State's annual Trafficking in Persons
    Report at www.state.gov/g/tip.

        Persons With Disabilities.--The constitution prohibits
    discrimination against persons with physical, sensory, intellectual and
    mental disabilities in employment, education, access to health care,
    and other social services. The law provides for equal physical access
    for persons with both physical and mental disabilities to all public
    buildings and establishments, but in practice many barriers remained.
        The National Council for the Welfare of Disabled Persons formulates
    policies and coordinates the activities of all government agencies for
    the rehabilitation, self-development, and self-reliance of persons with
    disabilities and their integration into the mainstream of society. The
    DOLE's Bureau of Local Employment maintained registers of persons with
    disabilities indicating their skills and abilities. The bureau
    monitored private and public places of employment for violations of
    labor standards regarding persons with disabilities and also promoted
    the establishment of cooperatives and self-employment projects for
    persons with disabilities. One NGO reported that the Government had
    limited means to assist persons with disabilities in finding
    employment, and such persons had limited recourse when their rights
    were violated because of the financial barriers to filing a lawsuit.
        The DSWD operated two assisted living centers in Metro Manila and
    five community-based vocational centers for persons with disabilities
    nationwide. Assisted-living centers were understaffed and underfunded.
    During the year, the DSWD provided services to 3,886 persons with
    disabilities.
        Advocates for persons with disabilities contended that equal-access
    laws were ineffective due to weak implementing regulations,
    insufficient funding, and government programs that were inadequately
    focused on integration. Many public buildings, particularly older ones,
    lacked functioning elevators. Many schools had architectural barriers
    that made attendance difficult for persons with disabilities.
        Government efforts to improve access to transportation for persons
    with disabilities were limited. Two of Manila's three light-rail lines
    were wheelchair accessible; however, many stops had unrepaired, out-of-
    service elevators. Buses lacked wheelchair lifts, and one NGO claimed
    that private transportation providers, such as taxis, often overcharged
    persons with disabilities or refused service. A small number of
    sidewalks had wheelchair ramps, which were often blocked, crumbling, or
    too steep. The situation was worse in many smaller cities and towns.
        The constitution provides for the right of persons with physical
    disabilities to vote; however, persons with mental disabilities are
    disqualified from voting. Persons with physical disabilities are
    allowed to vote with the assistance of a person of their choice. In
    practice, many persons with disabilities did not vote because of the
    physical barriers described above.

        Indigenous People.--Indigenous people lived throughout the country
    but primarily were concentrated in the mountainous areas of northern
    and central Luzon and in Mindanao. They numbered over 14 million
    persons or 16 percent of the national population, with more than 63
    percent of the total in Mindanao. Although no specific laws
    discriminate against indigenous people, the remoteness of the areas
    that many inhabit and cultural bias prevented their full integration
    into society. Indigenous children often suffered from lack of health,
    education, and other basic services. NGOs estimated that up to 70
    percent of indigenous youth left or never attended school because of
    discrimination they experienced. According to a local NGO, only 21 of
    1,700 local government units in the country complied with the
    requirement of the 1987 People's Rights Act for the mandatory
    representation of indigenous persons in policy-making bodies and local
    legislative councils.
        Indigenous people suffered disproportionately from armed conflict,
    including displacement from their homes, because they often inhabited
    mountainous areas favored by guerrillas. Their lands were often the
    sites of armed encounters, and various parties to the fighting
    recruited many indigenous people. The Task Force for Indigenous
    People's Rights (TFIPR) lobbied for an appropriate mechanism through
    which indigenous people could be recognized as an official party and
    represented in peace talks between the Government and MILF. During the
    year, the National Commission on Indigenous People (NCIP) reported 12
    cases of human rights violations, including harassment, physical, and
    sexual abuse allegedly committed by military and NPA forces. The NCIP
    referred these cases to the CHR, the PNP, and the Office of the
    Presidential Adviser on the Peace Process for investigation. Other NGOs
    reported the use of security forces to protect mining and other private
    interests in indigenous areas.
        The NCIP, staffed by tribal members, implemented constitutional
    provisions to protect indigenous people, including the awarding over
    the last year of Certificates of Ancestral Land and Ancestral Domain
    Titles covering over 665,889 acres of land claimed by indigenous
    people. It awarded such ``ancestral domain lands'' on the basis of
    communal ownership, stopping sale of the lands by tribal leaders. TFIPR
    reported extrajudicial killings of indigenous people and lobbied
    against encroachment by mining companies on indigenous land. On August
    17, two unidentified men shot and killed antilogging tribal leader
    Carlito Chavez in Monkayo, Compostela Valley. The task force also
    contended that mining companies were unlawfully claiming three million
    of the 4.5 million acres of Igorot-owned ancestral land in Cordillera
    region.

        Societal Abuses, Discrimination, and Acts of Violence Based on
    Sexual Orientation and Gender Identity.--There was some societal
    discrimination based on sexual orientation, including in employment and
    education. LGBT organizations held public marches or other events
    during the year to promote equality and antidiscrimination legislation.
    An LGBT group's effort to register as a political party originally was
    denied because it ``tolerated immorality, which offends religious
    beliefs.'' However, on April 8, the Supreme Court allowed it to
    participate in the elections.

        Other Societal Violence or Discrimination.--The law prohibits all
    forms of discrimination against persons with HIV/AIDS and provides
    basic health and social services for these persons. However, there was
    some evidence of discrimination against HIV/AIDS patients in the
    provision of health care, housing, and insurance services. The rate of
    HIV/AIDS remained low, although the rate of infection was believed to
    be underreported. Overseas workers were required to participate in an
    HIV/AIDS class as part of a predeparture orientation seminar.
    Section 7. Worker Rights

        a. The Right of Association.--The law provides for the right of
    most workers, with the exception of the military and the police, to
    form and join trade unions. Foreign national workers are prohibited
    from forming or joining unions unless there is a reciprocity agreement
    between the countries. Trade unions are independent of the Government.
    Unions have the right to form or join federations or other labor
    groups, and many of them join national and international
    confederations.
        During the reporting period, the Bureau of Labor Relations reported
    135 registered labor federations and 16,132 private sector unions. The
    1.7 million union members included approximately 4.7 percent of the
    total workforce of 36.5 million. Use of short-term contractual labor,
    which is not permitted to organize, was still prevalent, particularly
    by large employers. There were 1,706 public sector unions, with a total
    membership of 368,315 or approximately 21 percent of the total employed
    persons in the public sector.
        Killings and harassment of labor leaders and advocates continued to
    be a problem, although to a lesser extent than in recent years. From
    January to June, the Center for Trade Union and Human Rights (CTUHR)
    documented five killings of labor leaders, including the June 14
    killing of Benjamin Bayles (see section 1.a.) and the June 2 killing of
    Edward Panganiban. Panganiban was the Secretary of the independent
    union Samahang Lakas ng Manggagawa sa Takata Philippines (SALAMAT-
    Independent) in the Japanese-owned company Takata Philippines
    Incorporated. Union leaders of SALAMAT-Independent link the killing to
    the continuing collective bargaining dispute between the union and
    Takata Philippines management; Takata Philippines denied any connection
    to the killing. The case remains under investigation. In addition, the
    CTUHR documented 22 cases of threats, harassment, and intimidation
    affecting 151 workers and labor advocates, seven cases of physical
    assault, and three case of violent dispersal of protests.
        Eight cases alleging violations of freedom of association rights
    were pending with the International Labor Organization (ILO) Committee
    on Freedom of Association (CFA). In September 2009 the Government
    cooperated with a high-level ILO mission to investigate labor rights
    violations in the country. The ILO mission noted issues relating to
    violence, intimidation, threat, and harassment of trade unionists and
    the absence of convictions in relation to those crimes. It also
    observed obstacles to the effective exercise in practice of trade union
    rights. In response to ILO mission recommendations, the Government
    constituted the Tripartite Industrial Peace Council on January 20 to
    monitor the application of international labor standards.
        Subject to procedural restrictions, strikes in the private sector
    are legal; however, unions are required to provide strike notice,
    respect mandatory cooling-off periods, and obtain majority member
    approval before calling a strike. By law, the reason for striking must
    be relevant to the labor contract or the law, and all means of
    reconciliation must have been exhausted. During the year, the DOLE
    reported eight strikes involving 3,034 workers.
        On September 9, the association representing flight attendants and
    stewards of Philippine Airlines (FASAP) filed a notice of strike over
    alleged unfair labor practices. The 1,600-member association denounced
    discriminatory airlines policies that mandate retirement at age 40 and
    require pregnant flight attendants to take seven months of unpaid
    leave. In addition to the loss of salary or allowance, the seven months
    are deducted from the employee's years of service. On December 23, DOLE
    ruled in favor of the FASAP, granting back salary increases amounting
    to 222 million pesos ($4.9 million), a compulsory retirement age of 60
    years, and other benefits. Philippine Airlines (PAL) was expected to
    appeal the decision.
        The DOLE secretary, and in some special cases, the president, may
    intervene in some labor disputes by assuming jurisdiction and mandating
    a settlement if the Secretary or the president determines the strike-
    affected company is vital to the national interest. During the year,
    the DOLE assumed jurisdiction in seven labor dispute cases. Labor
    rights advocates criticized the Government for intervening in labor
    disputes in sectors that were not vital to the national economy. On
    December 15, President Aquino assumed jurisdiction over a labor dispute
    between PAL and the PAL Employees Association (PALEA) regarding PAL's
    plan to outsource some 2,600 ``non-core'' positions. Upon assuming
    jurisdiction, the president issued a stay order that temporarily
    suspended implementation of a layoff plan that DOLE had previously
    approved and prohibited a planned PALEA strike. The case remained with
    the Office of the President at year's end.
        Government workers are prohibited from joining strikes under threat
    of automatic dismissal. Government workers may file complaints with the
    Civil Service Commission, which handles administrative cases and
    arbitrates disputes between workers and their employers.
        Although the labor code provides that union officers who knowingly
    participate in an illegal strike may be dismissed and, if convicted,
    imprisoned for up to three years, there has never been a conviction
    under this provision.

        b. The Right to Organize and Bargain Collectively.--Law and
    regulations provide for the right to organize and bargain collectively
    in both the private sector and in corporations owned or controlled by
    the Government. Similar rights are afforded to most government workers.
    Collective bargaining was practiced; however, it was subject to
    hindrance by employers, and union leaders were subject to reprisal. In
    the public sector, collective bargaining was limited. During the year,
    212,054 private- and public-sector workers were covered by collective
    bargaining agreements, or approximately 12 percent of union members and
    less than 1 percent of the total workforce.
        Allegations of intimidation and discrimination in connection with
    union activities are grounds for review before the quasijudicial
    National Labor Relations Commission (NLRC) as possible unfair labor
    practices. Before disputes reach the NLRC, the DOLE provides the
    services of a mediation board, which settles most of the unfair labor
    practice disputes raised as grounds for strikes before the strikes may
    be declared. The DOLE, through the mediation board, also worked to
    improve the functioning of labor-management councils in companies that
    already had unions.
        On March 18, the Bureau of Labor Relations released its decision
    nullifying the February 13 impeachment of Amado-Kadena union officials.
    In July the union also filed a complaint before the Commission on Human
    Rights against Dole Philippines and the AFP, asserting the company is
    harassing plantation workers and conducting anti-union activities. At
    year's end there were no reported developments.
        According to union leaders, union members were frequently
    threatened with dismissal, and union organizers were sometimes
    illegally dismissed. On February 18, a total of 17 bus driver-union
    members were dismissed after seeking the union's certification as the
    sole and exclusive bargaining agent. The union filed illegal dismissal
    cases with money claims regarding underpayment of wages; the case was
    pending at NLRC at year's end.
        Labor law applies uniformly throughout the country, including in
    Special Economic Zones (SEZs); however, local political leaders and
    officials who governed the SEZs attempted to frustrate union organizing
    efforts by maintaining union-free or strike-free policies. A conflict
    over interpretation of the SEZ law's provisions for labor inspection
    further obstructed the enforcement of workers' rights to organize. The
    DOLE can conduct inspections of SEZs and establishments located there,
    although local zone directors claimed authority to conduct their own
    inspections as part of the zones' privileges intended by congress.
    Hiring often was controlled tightly through SEZ labor centers. Union
    successes in organizing in the SEZs were few and marginal in part due
    to organizers' restricted access to the closely guarded zones and the
    propensity among zone establishments to adopt fixed-term, casual,
    temporary, or seasonal employment contracts.
        Labor unions claimed that government security forces were stationed
    near industrial areas or SEZs to intimidate workers attempting to
    organize. Labor groups also alleged that companies in SEZs used
    frivolous lawsuits as a means of harassing union leaders and reported
    that firms used bankruptcy as a reason for closing and dismissing
    workers attempting to organize. Bankruptcy is an acceptable reason for
    closing a firm, unless there is a pattern in which it was falsified and
    used to deny worker rights.

        c. Prohibition of Forced or Compulsory Labor.--The law prohibits
    forced or compulsory labor; however, there were reports that such
    practices occurred, particularly affecting children, mainly in
    prostitution, drug trafficking, domestic service, agriculture, and
    other areas of the informal sector (see sections 6 and 7.d.).
        Also see the Department of State's annual Trafficking in Persons
    Report at http://www.state.gov/g/tip.

        d. Prohibition of Child Labor and Minimum Age for Employment.--The
    law prohibits the employment of children under the age of 15, except
    under the direct and sole responsibility of parents or guardians. The
    law allows employment of those between the ages of 15 to 18 for certain
    hours and periods of the day but forbids the employment of persons less
    than 18 years of age in hazardous or dangerous work.
        Child labor remained a common problem, and a significant number of
    children were employed in the informal sector of the urban economy as
    domestic workers or as unpaid family workers in rural agricultural
    areas. NGO and government officials report cases in which family
    members sell children to employers for domestic labor or sexual
    exploitation. A DOLE report estimated there were more than 2.2 million
    working children ages 15 to 17 in the country in 2009; the majority
    were laborers and unskilled workers. There were no reliable estimates
    on the number of working children below age 15, as the last
    comprehensive child labor survey was conducted in 2001. Government and
    NGO sources report that child workers were often exposed to hazardous
    working environments in industries such as mining, fishing, pyrotechnic
    production, domestic service, garbage scavenging, and agriculture,
    especially sugar cane plantations. See also the Department of State's
    annual Trafficking in Persons Report at www.state.gov/g/tip.
        Most child labor occurred in the informal economy, often in family
    settings. The Government, in coordination with a number of domestic
    NGOs and international organizations, implemented programs to develop
    safer options for children, return them to school, and offer families
    viable economic alternatives to child labor. Although the Government
    devoted additional resources to programs that worked to prevent,
    monitor, and respond to child labor during the year, resources remained
    inadequate.
        The Government imposed fines and instituted criminal prosecutions
    for child labor violations in the formal sector, such as in
    manufacturing. The trial continued for a Metro Manila garment factory
    that employed 10 child laborers. In October 2009 the DOLE issued a
    circular that provides that businesses found guilty of violating the
    child labor law more than three times would face closure. The DOLE
    continued its efforts to remove child workers from hazardous
    situations. From January to September, DOLE conducted five rescue
    operations involving 35 child laborers.

        e. Acceptable Conditions of Work.--Tripartite regional wage boards
    responsible for setting minimum wages approved an increase in daily
    minimum wage rates in 12 regions during the year. Under a new law,
    minimum wage earners are exempt from paying income tax. The highest
    minimum wage rates were in the National Capital Region, where the
    minimum daily wage for nonagricultural workers was 404 pesos ($9). The
    lowest minimum wage rates were in the Southern Tagalog Region, where
    daily agricultural wages were 190 pesos ($4.21). Labor groups protested
    that the hike, the first since 2008, was too small, and that the
    national minimum wage did not provide a decent standard of living for a
    worker and family. The regional wage board orders covered all private
    sector workers except domestic servants and others employed in the
    service of another person; these persons were frequently paid less than
    the minimum wage.
        Boards exempted some newly established companies and other
    employers from the rules because of factors such as business size,
    industry sector, export intensity, financial distress, and level of
    capitalization. These exemptions excluded substantial numbers of
    workers from coverage under the law. During the year, the regional wage
    boards of the National Wage and Productivity Commission granted minimum
    wage exemptions to 87 establishments. Unions filed complaints about the
    minimum wage exemption policies.
        Violation of minimum wage standards and the use of contract
    employees to avoid the payment of required benefits were common,
    including in the Government-designated SEZs, where tax benefits were
    used to encourage the growth of export industries. According to a
    January to November Bureau of Working Conditions report, 12,566 of
    34,948 inspected firms were found to have violated core labor
    standards. Many firms hired employees for less than the minimum
    apprentice rates, even if there was no approved training in their
    production-line work.
        DOLE relies on a system of inspections and voluntary self-
    certifications to verify labor law compliance. DOLE conducts
    inspections in establishments that employ 10 to 199 workers.
    Establishments employing under 10 or more than 200 persons and
    unionized establishments with collective bargaining agreements are
    subject to self-assessment. DOLE provided training and advisory
    services to enterprises with less than 10 workers to help them comply
    with national labor laws. From January to November, 11 percent (606 out
    of 5,323) of commercial establishments inspected by DOLE were not in
    compliance with the prevailing minimum wage. DOLE acknowledged that the
    shortage of inspectors made it difficult to enforce the law. In
    addition to fines, the Government also used administrative procedures
    and moral suasion to encourage employers to rectify violations
    voluntarily. Complaints about nonpayment of social security
    contributions, bonuses, and overtime were particularly common with
    regard to companies in SEZs.
        By law the standard legal workweek is 48 hours for most categories
    of industrial workers and 40 hours for government workers, with an
    eight-hour per day limit. The Government mandates an overtime rate of
    125 percent of the hourly rate on ordinary days and 130 percent on rest
    days and holidays. The law mandates one day of rest each week. However,
    there is no legal limit on the number of overtime hours that an
    employer may require. DOLE conducted only sporadic inspections to
    enforce limits on workweek hours. From January to November, DOLE labor
    inspectors made 1,245 inspections to check on companies' compliance
    with general labor and working standards. Labor groups maintained that
    forced overtime was common.
        The law provides for a comprehensive set of occupational safety and
    health standards. DOLE has responsibility for policy formulation and
    review of these standards, but with too few inspectors nationwide,
    local authorities often must carry out enforcement. DOLE continued a
    campaign to promote safer work environments in small enterprises.
    Statistics on actual work-related accidents and illnesses were
    incomplete, as incidents (especially in agriculture) were
    underreported. Through November, DOLE conducted occupational safety
    standards compliance inspections on 5,323 establishments; 1,360 (25
    percent) of these had occupational safety standards violations at
    inspection. Workers do not have a legally protected right to remove
    themselves from dangerous work situations without risking loss of
    employment.
        The Government and several NGOs worked to protect the rights of the
    country's overseas citizens, most of whom were temporary or contract
    workers. The Government placed financial sanctions on and criminal
    charges against domestic recruiting agencies found guilty of unfair
    labor practices. Although POEA registered and supervised domestic
    recruiters' practices successfully, the authorities sometimes lacked
    sufficient resources to ensure workers' protection overseas. It sought
    cooperation from receiving countries and proposed migrant worker rights
    conventions in international forums. The Government also provided
    assistance through its diplomatic missions in countries with
    substantial numbers of migrant workers.
        Most labor laws apply to foreign workers, who must obtain work
    permits and may not engage in certain occupations. Typically their work
    conditions were better than those faced by citizens, as they were
    generally employed in the formal economy and were recruited for high-
    paying, specialized positions.

                                   __________

                                     SAMOA

        Samoa, with a population of approximately 188,000, is a
    constitutional parliamentary democracy that incorporates traditional
    practices into its governmental system. Executive authority is vested
    in Head of State Tui Atua Tupua Tamasese Efi, elected by parliament in
    2007. The unicameral parliament, elected by universal suffrage, is
    composed primarily of the heads of extended families (matai). The most
    recent parliamentary elections, held in 2006, were marred by charges of
    bribery. All 10 by-elections subsequently ordered by the Supreme Court
    were considered generally free and fair. The ruling Human Rights
    Protection Party maintained its majority and continued to be the only
    officially recognized party in parliament. Security forces reported to
    civilian authorities.
        Human rights problems included police abuse, poor prison
    conditions, domestic violence against women, abuse of children, and
    discrimination against women and non-matai.
                            respect for human rights
    Section 1. Respect for the Integrity of the Person, Including Freedom
            From:

        a. Arbitrary or Unlawful Deprivation of Life.--There were no
    reports that the Government or its agents committed arbitrary or
    unlawful killings.

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

        c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
    Punishment.--The constitution prohibits such practices, and the
    Government generally observed these prohibitions in practice. However,
    there were some allegations of police abuses.
        The media and publications of a local nongovernmental organization
    (NGO) reported police abuses. In January a young man lodged a complaint
    of police brutality through a local NGO. The man alleged that he
    sustained injuries to his head, teeth, and ear after a police officer
    punched him. In May the same NGO received complaints from the mother of
    a 16-year-old boy who she claimed received injuries to his hands while
    he was in police custody; the boy was believed to be handcuffed at the
    time of questioning. In August a woman lodged a complaint through a
    local NGO that she was indecently assaulted by a police officer while
    under questioning at the police station. All such cases were reported
    to be under investigation by the Police Professional Standards Unit. At
    year's end there were no reports on the results of these
    investigations.
        In April the court dismissed a case against a former minister,
    accused of killing a fellow villager, when not enough witnesses
    appeared.
        In July a senior police officer accused in March 2009 of sodomy and
    indecent assault of a juvenile in 2007 at the Oloamanu Juvenile Center
    was found guilty and sentenced to three-and-one-half years in prison.
    However, in December the Supreme Court ordered a retrial, reportedly
    due to a request from the Attorney General's Office to rehear the
    witnesses' accounts. The trial continued at year's end.
        There were no reported developments in the investigation of two
    cases in September 2009 in which police allegedly assaulted persons in
    custody.

        Prison and Detention Center Conditions.--Prison conditions remained
    poor. Some prison facilities were nearly a century old. The Tafaigata
    men's prison had 29 cells of various sizes, including eight large
    concrete cells that were approximately 30 feet by 30 feet and held 20
    to 25 inmates each. Only basic provisions were made with respect to
    food, water, and sanitation in the 24 older cells. Cell lighting and
    ventilation remained poor; lights were only turned on from dusk until 9
    p.m. Some but not all individual cells had toilet facilities.
        The separate Tafaigata women's prison had five cells that were
    approximately 15 feet by nine feet, and each held four to six inmates.
    Bathroom facilities were in separate rooms. Physical conditions,
    including ventilation and sanitation, generally were better in the
    women's prison than in the men's prison.
        Some juveniles were held with adults, but most were housed in the
    Oloamanu Juvenile Center. Physical conditions at the center were
    generally better than those at the adult facilities, but there were
    unconfirmed reports of problems with food, clothing, and the water
    supply.
        Prisoners were permitted escorted hospital visits for medical
    checks as necessary. There is a room at the police officers'
    headquarters used as a medical clinic; however, there was no doctor or
    nurse assigned to the facility. In September the media reported an
    influenza outbreak at the Tafaigata men's prison. One of the cells
    reportedly was used as an isolation cell, which public health officials
    inspected daily. The influenza epidemic subsequently was contained and
    eliminated.
        At year's end there were more than 300 inmates at the Tafaigata
    men's and women's prisons, the Oloamanu Juvenile Center, and Vaiaata
    Prison combined. Most inmates were incarcerated in the Tafaigata
    facilities. Although exact numbers were not available, both the men's
    and the women's prisons contained more inmates than they were
    originally designed to hold. By December construction was completed on
    an additional wing of five cells for male inmates at Tafaigata. The
    wing was expected to hold 60 inmates.
        The Government permitted family members and church representatives
    to visit prisons every two weeks. Families were allowed to bring food
    parcels for inmates; however, the practice was disallowed in December
    when police found contraband and cell phones in the parcels.
        Overnight detainees were held at two holding cells at police
    headquarters in Apia. The cells had good lighting, sanitation, and
    ventilation. Pretrial detainees were held at the Tafaigata Prison but
    in separate holding cells; they did not socialize with the rest of the
    prison community.
        Prisoners and detainees were permitted religious observance.
    Authorities permitted prisoners and detainees to submit complaints to
    judicial authorities without censorship and to request investigation of
    credible allegations of inhumane conditions, and authorities
    investigated such allegations and documented the results in a publicly
    accessible manner. The Government investigated and monitored prison and
    detention center conditions.
        In August police officials announced that the Professional
    Standards Unit was investigating police wardens at Tafaigata Prison
    after the media published complaints made by a prisoner on parole. The
    first matter involved the investigation of a claim that a police warden
    impregnated a female inmate. The same female prisoner previously had
    received an additional two-year sentence when she was found guilty of
    having her baby aborted by another inmate. The second matter under
    investigation was an allegation that police wardens had borrowed money
    from inmates and failed to pay back the loans. Police officials stated
    their concern regarding such events; however, at year's end officials
    had not released any findings from investigations.
        The Government permitted monitoring visits by independent human
    rights observers; however, there were no known requests during the
    year. The Office of the Ombudsman is legally mandated to receive and
    investigate complaints of prisoners and detainees on issues of inhumane
    overcrowding, status and circumstances of juvenile offenders, and
    improvement of pretrial detention, bail, and recordkeeping procedures.
    There were no complaints or reports by prisoners made known to the
    Ombudsman's Office.

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

        Role of the Police and Security Apparatus.--The country has a small
    national police force. Enforcement of rules and security within
    individual villages is vested in the fono (council of matai). A
    commissioner for police and prisons administration is appointed to a
    three-year term and reports to the minister of police. A lack of
    resources limited police effectiveness.
        In May the court found an assistant commissioner guilty of indecent
    assault in 2007 against a female police officer. The assistant
    commissioner was fined 250 tala ($107) and put on probation for 12
    months. The assistant commissioner was not reappointed when his three-
    year contract ended.
        The Samoa Police Force contributed to United Nations Peacekeeping
    efforts in Sudan, Liberia, East Timor, and the Solomon Islands. In June
    a Samoan peacekeeper was sentenced to three years' imprisonment for
    negligent driving for causing the death of a civilian in the Solomon
    Islands. The Samoan government negotiated an extradition agreement with
    the Solomon Islands government, and at year's end the police officer
    was serving his sentence in Tafaigata Prison.

        Arrest Procedures and Treatment While in Detention.--The Supreme
    Court issues arrest warrants based on sufficient evidence. The law
    provides for the right to a prompt judicial determination regarding the
    legality of detention, and the authorities generally respected this
    right in practice. Detainees were informed within 24 hours of the
    charges against them, or they were released. There was a functioning
    bail system. Detainees were allowed prompt access to family members and
    a lawyer of their choice. If the detainee was indigent, the Government
    provided a lawyer.

        e. Denial of Fair Public Trial.--The constitution provides for an
    independent judiciary, and the Government generally respected judicial
    independence in practice.
        Due to staff shortages, some Supreme Court and district court
    judges faced a backlog of pending cases. Of particular concern were
    postponements of rulings on constitutional cases, some of which were
    pending for years.

        Trial Procedures.--The constitution provides for the right to a
    fair trial, and an independent judiciary generally enforced this right.
    A trial judge examines evidence and determines if there are grounds to
    proceed. Defendants have the presumption of innocence. Trials are
    public, and juries are used. Defendants have the right to be present
    and to timely consultation with an attorney, at public expense if
    required. Defendants may confront witnesses and present witnesses and
    evidence on their own behalf. Defendants and their attorneys have
    access to government-held evidence, and defendants have the right to
    appeal a verdict. The law extends these rights to all citizens.
        Many civil and criminal matters were handled by village fono, which
    varied considerably in their decision-making styles and the number of
    matai involved in the decisions. The Village Fono Act recognizes the
    decisions of the fono and provides for limited appeal to the Lands and
    Titles Court and the Supreme Court. The nature and severity of the
    dispute determine which court receives an appeal. A further appeal may
    be made to the Court of Appeal if necessary. According to a 2000
    Supreme Court ruling, the fono may not infringe upon villagers' freedom
    of religion, speech, assembly, or association.

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

        Civil Judicial Procedures and Remedies.--There is an independent
    and impartial judiciary in civil matters, including access to a court
    to bring lawsuits seeking damages for, or cessation of, human rights
    violations.

        f. Arbitrary Interference With Privacy, Family, Home, or
    Correspondence.--The laws prohibit such actions, and the Government
    generally respected these prohibitions in practice. However, there is
    little privacy in villages, where there can be substantial societal
    pressure on residents to grant village officials access without a
    warrant.
    Section 2. Respect for Civil Liberties, Including:

        a. Freedom of Speech and Press.--The law provides for freedom of
    speech and of the press, and the Government generally respected these
    rights in practice.
        Individuals generally could criticize government officials publicly
    or privately without reprisal.
        The independent media were generally active and expressed a wide
    variety of views without restriction. The law stipulates imprisonment
    for any journalist who, despite a court order, refuses to reveal a
    confidential source upon request from a member of the public. However,
    there has been no court case invoking this law.
        The opposition alleged limited access to state-run radio and former
    state-run television.

        Internet Freedom.--There were no government restrictions on access
    to the Internet or reports that the Government monitored e-mail or
    Internet chat rooms. Individuals and groups could engage in the
    peaceful expression of views via the Internet, including by e-mail.
    Although for financial reasons private ownership of computers was
    relatively uncommon, access to the Internet through Internet cafes was
    generally available and widely used in urban areas. Internet access was
    limited or nonexistent in rural areas. The International
    Telecommunication Union reported that approximately 5 percent of the
    country's inhabitants used the Internet in 2008.

        Academic Freedom and Cultural Events.--The Government generally did
    not restrict academic freedom or cultural events. The 2009 ban on the
    movies Milk, Angels and Demons, The Butcher, Van Wilder, Unborn, and
    The Cell 2 continued. In March the movie Precious was banned for
    inappropriate scenes and story; however, the ban was lifted in April. A
    local NGO that had pressed for the release of the film argued that
    themes of incest and indecent assault helped raise public awareness of
    these issues.

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

        c. Freedom of Religion.--For a complete description of religious
    freedom, please see the 2010 International Religious Freedom Report at
    www.state.gov/g/drl/irf/rpt

        d. Freedom of Movement, Internally Displaced Persons, Protection of
    Refugees, and Stateless Persons.--The constitution provides for freedom
    of movement within the country, foreign travel, emigration, and
    repatriation, and the Government generally respected these rights in
    practice. However, traditional law governs villages, and village fono
    regularly banned citizens from village activities or banished citizens
    from the village for failing to conform to village laws or obey fono
    rulings. Cases of village banishment were rarely made public. Of those
    cases that became known during the year, reasons for banishment
    included murder, rape, adultery, and unauthorized claims to land and
    matai title. In some cases civil courts overruled banishment orders.
    Some banished persons were accepted back into the village after
    performing a traditional apology ceremony.
        In August the head of state was banned from one of his villages
    after the village refused to recognize him as a title holder. The
    conflict, according to media reports, arose from a dispute whereby the
    head of state built a shelter without the traditional protocol
    consultation with members of the village. In September traditional
    leaders banished the deputy prime minister from his electoral
    constituency after he delivered a letter to them announcing he would
    not run in the next general elections. According to media reports, the
    constituency decision was based on the deputy prime minister's failure
    to follow the traditional protocol of announcing such a decision with
    the leaders in person. At year's end both the head of state and deputy
    prime minister remained banished from their respective villages.
        The Government was willing to cooperate with the Office of the UN
    High Commissioner for Refugees and other humanitarian organizations in
    providing protection and assistance to internally displaced persons,
    refugees, returning refugees, asylum seekers, stateless persons, and
    other persons of concern, but the need did not arise during the year.
        The law prohibits forced exile, and the Government did not use it.

        Protection of Refugees.--The country's laws provide for the
    granting of refugee status, but the Government has not established a
    system for providing protection to refugees. The Government received no
    requests during the year for refugee status, asylum, or protection
    against the expulsion or return of refugees to countries where their
    lives or freedom would be threatened on account of their race,
    religion, nationality, membership in a particular social group, or
    political opinion.
    Section 3. Respect for Political Rights: The Right of Citizens to
            Change Their Government
        The constitution provides citizens the right to change their
    government peacefully, and citizens exercised this right in practice
    through periodic, free, and fair elections based on universal suffrage.

        Elections and Political Participation.--The most recent elections,
    held in 2006, were marred by charges of bribery. As a result of
    election challenges filed by losing candidates, the Supreme Court
    ordered 10 by-elections. All the mandated by-elections were conducted
    and generally considered free and fair.
        The law does not prohibit the formation of opposition parties, but
    there were no officially recognized opposition parties. Restrictive
    rules limiting the formation of viable opposition political parties has
    allowed the ruling political party to dominate government since 1982.
    In October 2009 and February 2010, parliament amended the Electoral Act
    and the constitution, respectively, to disallow current members of
    parliament from joining or associating with political parties other
    than those of which they were members during their initial oath of
    allegiance. As a result, in March three Independent members resigned
    from parliament because of their association with the Tautua Samoa
    Party. After by-elections in May, two members were reelected, while the
    ruling Human Rights Protection Party gained the other seat.
        While the constitution gives all citizens above the age of 21 the
    right to vote and run for office, by social custom candidates for 47 of
    the 49 seats in parliament are drawn from the approximately 30,000
    matai, who are selected by family agreement; there is no age
    qualification. Although both men and women are permitted to become
    matai, only 8 percent were women. Matai controlled local government
    through the village fono, which were open to them alone.
        There were four women in the 49-member parliament, three of whom
    served in the 13-member cabinet. One woman served as head of a
    constitutional office, two women as chief executive officers of
    government ministries, and six women as general managers of government
    corporations. There are no constitutional quotas reserved for the
    number of female parliamentarians.
        The political rights of citizens who are not of ethnic Samoan
    heritage are addressed by the reservation of two parliamentary seats
    for at-large members of parliament, known as ``individual voters''
    seats. One at-large cabinet minister and parliamentarian was of mixed
    European-Samoan heritage. Citizens of mixed European-Samoan or Chinese-
    Samoan heritage were well represented in the civil service.
    Section 4. Official Corruption and Government Transparency
        The law provides criminal penalties for official corruption, and
    the Government generally implemented the law effectively. Penalties
    ranged from several months to several years of imprisonment if
    convicted. There were isolated reports of government corruption during
    the year.
        In March a cabinet minister pled guilty to two charges of negligent
    driving and was fined 300 tala ($130) from two separate accidents in
    November 2009. On one occasion, he was driving a government vehicle; on
    the other, a government-paid rental vehicle.
        In July an account officer in the Ministry of Police pled guilty to
    charges of theft from a 2008 charge of embezzling approximately 270,000
    tala ($116,460) and was sentenced to four-and-one-half years'
    imprisonment. The case of two other account officials in the Ministry
    of Finance continued at year's end.
        Police corruption was not a significant problem, although there
    were credible reports of minor instances of bribery, such as bribes to
    avoid traffic citations.
        Public officials were not subject to financial disclosure laws;
    however, such disclosure was encouraged by codes of ethics applicable
    to boards of directors of government-owned corporations. The law
    provides for an ombudsman to investigate complaints against government
    agencies, officials, or employees, including allegations of corruption.
    The ombudsman may require the Government to provide information
    relating to a complaint.
        By law, government information is subject to disclosure in civil
    proceedings involving the Government, unless the information is
    considered privileged or its disclosure would harm the public interest.
    In the case of other requests, petitioners had to navigate an often
    slow bureaucratic process, and consequently information was not always
    obtainable in a timely manner.
        The November 2009 report of the UN Group of Experts on the
    Democratic Republic of the Congo (DRC) presented information indicating
    that African Ventures Ltd., which was registered in Samoa, directly or
    indirectly funded conflict and perpetrators of human rights abuses in
    the eastern DRC.
    Section 5. Governmental Attitude Regarding International and
            Nongovernmental Investigation of Alleged Violations of Human
            Rights
        A number of domestic and international human rights groups
    generally operated without government restriction, investigating and
    publishing their findings on human rights cases. Government officials
    were cooperative and responsive to their views.
        The Government cooperated with international governmental
    organizations and permitted visits by UN representatives and other
    organizations. In July representatives from the UN Convention Against
    Corruption visited the country, as did UN Human Rights Council
    representatives in September; each group conducted regional and local
    workshops.
        The Office of the Ombudsman was generally considered effective and
    operated free from government or political party interference; however,
    the Government did not always adopt its recommendations.
    Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
        The constitution prohibits discrimination based on race, gender,
    disability, language, or social status, and the Government generally
    respected these provisions in practice. However, politics and culture
    reflected a heritage of matai privilege and power, and members of
    certain families of high traditional status possessed some advantages.

        Women.--The constitution prohibits abuse of women, but common
    societal attitudes tolerated their physical abuse within the home; such
    abuse was common.
        Rape is illegal, but there is no legal provision against spousal
    rape. Many cases of rape went unreported because common societal
    attitudes discouraged such reporting. In recent years, however,
    authorities noted a rise in the number of reported cases of rape. This
    appeared to be a result of efforts by government ministries and local
    NGOs to increase awareness of the problem and the need to report rape
    cases to police. Rape cases that reached the courts were treated
    seriously, and the conviction rate was generally high. The penalties
    for rape range from two years' to life imprisonment, but a life
    sentence has never been imposed. The trial of the former cabinet
    minister charged with 22 charges of rape and assault was adjourned to
    January 2011 after the prosecution was allowed more time to collect
    evidence. In October a former deputy speaker of the house admitted to a
    charge of attempted rape following a 2009 complaint from a female
    relative. In December the former deputy speaker was sentenced to four
    years' imprisonment.
        Domestic abuses typically went unreported due to social pressure
    and fear of reprisal. Village fono typically punished domestic violence
    offenders, but only if the abuse was considered extreme (that is,
    visible signs of physical abuse). Village religious leaders also were
    permitted to intervene in domestic disputes. When police received
    complaints from abused women, the Government punished the offender,
    including by imprisonment. Domestic violence is charged as common
    criminal assault, with penalties ranging from several months to one
    year in prison. The Government did not keep statistics on domestic
    abuse cases specifically but acknowledged the problem to be one of
    considerable concern. The Ministry of Police has a nine-person Domestic
    Violence Unit, which worked in collaboration with NGOs that combated
    domestic abuse. NGO services for abused women included confidential
    hotlines, in-person counseling, victim support, and shelters.
        From February to August, a local NGO carried out a national
    campaign to bring awareness through reporting, services, and
    information against abuses to women and children. The campaign included
    holding community workshops, providing counseling, and posting banners
    along roadsides throughout the country.
        Couples and individuals have the right to decide freely and
    responsibly the number, spacing, and timing of their children and to
    have the information and means to do so free from discrimination. The
    National Health Service, private hospitals, general practitioners, and
    various health care centers provided information and access to
    contraception and access to maternal health services, which included
    skilled attendance during childbirth, prenatal care, and essential
    obstetric and postpartum care. The UN Children's Fund (UNICEF) reported
    that the estimated annual maternal mortality rate was 29 deaths per
    100,000 births from 2003 to 2008. Women and men had equal access to
    diagnosis and treatment for sexually transmitted infections, including
    HIV.
        Women have equal rights under the constitution and statutory law,
    and the traditionally subordinate role of women was changing, albeit
    slowly, particularly within the more conservative segments of society.
    The Ministry of Women, Community, and Social Development oversees and
    helps secure the rights of women. To integrate women into the economic
    mainstream, the Government sponsored numerous programs, including
    literacy and training programs for those who did not complete high
    school.
        A labor law provision prohibits employment of women between
    midnight and 6 a.m. unless special permission is granted by the
    commissioner of labor. This regulation was generally observed.
    Permission for night work was generally granted upon application.

        Children.--Citizenship is derived by birth in the country if at
    least one parent is a citizen; the Government may also grant
    citizenship by birth to a child born in the country if the child would
    otherwise be stateless. Citizenship also is derived by birth abroad to
    a citizen parent who either was born in Samoa or resided there at least
    three years.
        By law education is compulsory through the age of 14. The
    Government did not effectively enforce the compulsory education law, as
    children under the age of 14 years were seen selling goods on the
    streets during school hours.
        The January enactment of the 2009 Education Act led to a government
    initiative, supported by foreign assistance, that suspends public and
    private Christian school fees for five years for all students attending
    public school under the age of 14. However, students had to pay some
    administration fees, which were controlled by respective school boards
    for operating the school.
        Law and tradition prohibit the severe abuse of children, but both
    tolerate corporal punishment. Although there were no official
    statistics available, press reports indicated a rise in reported cases
    of child abuse, especially incest and indecent assault cases, which
    appeared to be due to citizens' increased awareness of the need to
    report physical, emotional, and sexual abuse of children. The
    Government aggressively prosecuted such cases. In August a teacher was
    sentenced to 12 months' probation and fined 150 tala ($65) for
    inflicting bodily harm on a high school student.
        The minimum age for consensual sex is 16 years; the maximum penalty
    for violators is seven years' imprisonment. There is no specific
    criminal provision regarding child pornography; however, child
    pornography cases can be prosecuted under a provision of law that
    prohibits distribution or exhibition of indecent material. The maximum
    penalty is imprisonment for two years.
        The Ministry of Justice and Courts Administration and the Ministry
    of Education, in collaboration with NGOs, carried out educational
    activities to address domestic violence and inappropriate behavior
    between adults and children and to promote human rights awareness.
        The country is not a party to the 1980 Hague Convention on the
    Civil Aspects of International Child Abduction.

        Anti-Semitism.--The country had no organized Jewish community, and
    there were no reports of anti-Semitic acts.

        Trafficking in Persons.--For information on trafficking in persons,
    please see the Department of State's annual Trafficking in Persons
    Report at www.state.gov/g/tip.

        Persons With Disabilities.--There is no law pertaining specifically
    to the status of persons with disabilities or regarding accessibility
    for them. Tradition dictates that families care for persons with
    disabilities, and this custom was observed widely in practice. There
    were no reports of discrimination against persons with disabilities,
    including physical, sensory, intellectual, and mental disabilities, in
    the areas of employment, education, access to health care, or the
    provision of other state services. Many public buildings were old, and
    only a few were accessible to persons with disabilities. Most new
    buildings provided better access, including ramps and elevators in most
    multistory buildings.
        The Ministry of Women, Community, and Social Development has
    responsibility for protecting the rights of persons with disabilities.

        Societal Abuses, Discrimination, and Acts of Violence Based on
    Sexual Orientation and Gender Identity.--Sodomy and ``indecency between
    males'' are illegal, with maximum penalties of seven and five years'
    imprisonment, respectively. However, these provisions were not actively
    enforced with regard to consensual homosexual acts between adults.
    There were no reports of societal violence based on sexual orientation
    or gender identity; however, there were isolated cases of
    discrimination.

        Other Societal Violence or Discrimination.--There were no reports
    of societal violence or discrimination against persons with HIV/AIDS.
    Section 7. Worker Rights

        a. The Right of Association.--Workers legally have unrestricted
    rights to establish and join organizations of their own choosing. There
    were no practical limitations to union membership, and approximately 20
    percent of the private sector workforce was unionized. The Public
    Service Association functioned as a union for all government workers,
    who made up approximately 8,000 of the approximately 25,000 workers in
    the formal economy. Unions generally conducted their activities free
    from government interference.
        The Supreme Court has upheld the right of government workers to
    strike, subject to certain restrictions imposed principally for reasons
    of public safety, and workers exercised this right.
        Workers in the private sector have the right to strike, but there
    were no private sector strikes during the year.

        b. The Right to Organize and Bargain Collectively.--The law
    provides workers with the right to organize and bargain collectively,
    and workers exercised this right in practice. The Public Service
    Association engages in collective bargaining on behalf of government
    workers, including bargaining on wages. Arbitration and mediation
    procedures are in place to resolve labor disputes, although such
    disputes rarely arose.
        There are no special laws or exemptions from regular labor laws in
    the sole export processing zone.

        c. Prohibition of Forced or Compulsory Labor.--The law prohibits
    forced or compulsory labor, but the matai frequently called upon
    persons, including minors, to work for their villages. Most persons did
    so willingly; however, the matai may compel those who do not.

        d. Prohibition of Child Labor and Minimum Age for Employment.--It
    is illegal to employ children under the age of 15 years except in
    ``safe and light work.'' The Ministry of Labor refers complaints of
    illegal child labor to the attorney general for enforcement; however,
    no cases were prosecuted during the year. The law does not apply to
    service rendered to family members or the matai, some of whom required
    children to work for the village, primarily on village farms. The
    extent of this practice varied by village, but it generally did not
    significantly disrupt children's education.
        Children frequently were seen vending goods and food on Apia street
    corners. The Government has not made a definitive determination whether
    this practice violates the country's labor laws, which cover only
    persons who have a place of employment. Although the practice may
    constitute a violation of the law, local officials mostly tolerated it.
    To address the child vendor problem, the 2009 Education Act prohibits
    any student from being engaged in light or heavy industrial activity
    within school hours of 8 a.m. to 2 p.m.; however, it did not ban
    vending by children under 14 years of age altogether.

        e. Acceptable Conditions of Work.--An advisory commission to the
    minister of labor makes recommendations on minimum wage increases every
    five years, based on national surveys held every three years. There
    were two minimum wages: two tala ($0.86) per hour for the private
    sector, and 2.65 tala ($1.14) for the public sector. In June the
    public-sector minimum wage was passed by government after
    recommendation by the advisory commission; however, in December
    authorities decided to maintain the private-sector minimum wage at two
    tala. Neither provided a decent standard of living for a worker and
    family unless supplemented by other activities, such as subsistence
    farming and fishing. Wages in the private sector are determined by
    competitive demand for the required skills but should not be less than
    the minimum private sector wage.
        The provisions of the Labor Act cover only the private sector; a
    separate law, the Public Service Act, covers public sector workers.
    Labor laws stipulate a standard workweek of no more than 40 hours, or
    eight hours per day (excluding meal times). For the private sector,
    overtime pay is specified at time and a half, with double time for work
    on Sundays and public holidays and triple time for overtime on such
    days. For the public sector, there is no paid overtime, but
    compensatory time off is given for overtime work.
        The Occupational Safety Hazard Act establishes certain rudimentary
    safety and health standards for workplaces, which the Ministry of
    Commerce, Industry, and Labor is responsible for enforcing. The law
    also covers persons who are not workers but who are lawfully on the
    premises or within the workplace during work hours. However,
    independent observers reported that safety laws were not enforced
    strictly, except when accidents highlighted noncompliance. Work
    accidents were investigated when reports were received. Many
    agricultural workers, among others, were inadequately protected from
    pesticides and other dangers to health. Government education and
    awareness programs addressed these concerns by providing appropriate
    training and equipment to agricultural workers. Safety laws do not
    apply to agricultural service rendered to the matai.
        While the law does not address specifically the right of workers to
    remove themselves from dangerous work situations, the commissioner of
    labor investigates such cases, without jeopardy to continued
    employment. The Government investigated several cases during the year.
    Government employees are covered under different and more stringent
    regulations, which were enforced adequately by the Public Service
    Commission.

                                   __________

                                   SINGAPORE

        Singapore is a parliamentary republic in which the People's Action
    Party (PAP), in power since 1959, overwhelmingly dominates the
    political scene. The population was approximately five million, with
    foreign guest workers accounting for one-quarter of the total.
    Opposition parties exist, and the 2006 parliamentary elections were
    generally fair and free of tampering; however, the PAP placed
    formidable obstacles in the path of political opponents. Security
    forces reported to civilian authorities.
        The Government has broad powers to limit citizens' rights and
    handicap political opposition, which it used. Caning is an allowable
    punishment for numerous offenses. The following human rights problems
    also were reported: preventive detention, infringement of citizens'
    privacy rights, restriction of speech and press freedom and the
    practice of self-censorship by journalists, restriction of freedoms of
    assembly and association, some limited restriction of freedom of
    religion, and some trafficking in persons.
                            respect for human rights
    Section 1. Respect for the Integrity of the Person, Including Freedom
            From:

        a. Arbitrary or Unlawful Deprivation of Life.--There were no
    reports that the Government or its agents committed arbitrary or
    unlawful killings.

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

        c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
    Punishment.--The law prohibits such practices, and the Government
    generally respected these prohibitions.
        The law mandates caning, in addition to imprisonment, as punishment
    for approximately 30 offenses involving violence, such as rape and
    robbery, and for nonviolent offenses such as vandalism, drug
    trafficking, and violation of immigration laws. The cane, made of
    rattan, is four feet long and one-half inch in diameter; it is soaked
    in water and treated with antiseptic before the caning. The caning
    officer delivers the strokes using the whole of his body weight. Caning
    is discretionary for convictions on other charges involving the use of
    force, such as kidnapping or voluntarily causing grievous hurt. All
    women, men over age 50 or under age 16, and persons determined
    medically unfit are exempt from punishment by caning. During the year,
    3,170 convicted persons were sentenced to judicial caning, and 98.7
    percent of caning sentences were carried out.

        Prison and Detention Center Conditions.--Prison and detention
    center conditions generally met international standards.
        At year's end the total number of prisoners and detainees in
    custody of the authorities was 12, 798, of whom 9.4 percent were women.
    Ninety-four inmates, ages 17 and 18, comprised the juvenile prison
    population, which included drug rehabilitation center inmates. The
    designed capacity of the prison system was 15,564.
        The frequency and type of visitors allowed was determined by the
    category of the inmate. In general, family members and close relatives
    were allowed to visit inmates. The Prison Authority must approve
    nonrelatives who wish to visit. Most inmates were allowed visits either
    once or twice every month. Prisoners awaiting trial were allowed visits
    every weekday. Most inmates were allowed up to three visitors in a
    visit session. The prison system also uses tele-visits. There were
    seven teleconference centers located throughout the city-state,
    including one specifically for visits by children under age 21.
        Religious services within the prison system were provided by
    volunteers from religious organizations such as the Prison Fellowship,
    the Buddhist Federation, the Roman Catholic Prison Ministry, SANA
    (Muslim), and the Sikh Welfare Council.
        Authorities permitted prisoners and detainees to submit complaints
    to judicial authorities without censorship and to request investigation
    of credible allegations of inhumane conditions. The Board of Visiting
    Justices, made up of justices of the peace who are appointed by the
    prime minister, is responsible for the basic welfare of the prisoners
    and conducts prison inspections. All inmates have access to the
    visiting justices.
        Authorities investigated credible allegations of inhumane
    conditions and documented the results of such investigations in a
    publicly accessible manner. The Government investigated and monitored
    prison and detention center conditions. The Institutional Discipline
    Advisory and Review Committee renders an opinion to the director of
    prisons on whether corporal punishment ordered by a superintendent on
    any inmate for committing an institutional offense in penal
    institutions or drug rehabilitation centers is excessive.
        The Government did not allow human rights monitors to visit
    prisons; however, diplomatic representatives were given regular,
    frequent consular access to citizens of their countries.

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

        Role of the Police and Security Apparatus.--Civilian authorities
    maintained effective control over the police force and the armed
    forces, and the Ministry of Home Affairs and the Corrupt Practices
    Investigation Bureau had effective mechanisms to investigate and punish
    abuse and corruption. There were no reports of impunity involving the
    security forces during the year.

        Arrest Procedures and Treatment While in Detention.--The law
    provides that, in most instances, arrests are to be carried out after
    issuance of an authorized warrant; however, some laws, such as the
    Internal Security Act (ISA), provide for arrests without warrants.
    Those arrested under warrants must be charged before a magistrate
    within 48 hours. The majority of those arrested were charged
    expeditiously and brought to trial. A functioning bail system exists.
    Those who face criminal charges are allowed counsel; however, there is
    no access to counsel during an initial arrest and investigation before
    charges are filed. The Government assigned attorneys to represent
    indigent persons accused of capital crimes. The Law Society
    administered a legal aid plan for some other accused persons who could
    not afford to hire an attorney.
        Some laws--the ISA, the Criminal Law (Temporary Provisions) Act
    (CLA), the Misuse of Drugs Act (the drug act), and the Undesirable
    Publications Act (UPA)--have provisions for arrest and detention
    without a warrant, and under the ISA, CLA, and drug act, executive
    branch officials can order continued detention without judicial review.
    The ISA has been employed primarily against suspected security threats;
    in recent years such threats have come from suspected terrorists. The
    CLA has been employed primarily against suspected organized crime and
    drug trafficking.
        The ISA and the CLA permit preventive detention without trial for
    the protection of public security, safety, or the maintenance of public
    order. The ISA authorizes the minister for home affairs, with the
    consent of the president, to order detention without filing charges if
    it is determined that a person poses a threat to national security. The
    initial detention may be for up to two years, and the minister for home
    affairs may renew the detention for an unlimited number of additional
    periods of up to two years at a time with the president's consent.
    Detainees have a right to be informed of the grounds for their
    detention and are entitled to counsel. However, they have no right to
    challenge the substantive basis for their detention through the courts.
    The ISA specifically excludes recourse to the normal judicial system
    for review of a detention order made under its authority. Instead,
    detainees may make representations to an advisory board, headed by a
    Supreme Court justice, which reviews each detainee's case periodically
    and must make a recommendation to the president within three months of
    the initial detention. The president may concur with the advisory
    board's recommendation that a detainee be released prior to the
    expiration of the detention order, but he is not obligated to do so.
        In January, a member of the Moro Islamic Liberation Front (MILF)
    was arrested for terrorist activities and ordered to be detained under
    the ISA.
        In July three male citizens, suspected of links to Muslim radicals,
    were arrested. One, a full-time member of the armed forces, was ordered
    detained for two years under the ISA. The other two were placed under
    Restriction Orders (ROs--limits on ability to travel and participate in
    public organizations and activities) for two years.
        In August, three years after escaping from custody, Mas Selamat
    Kastari, the leader of the Singapore Jemaah Islamiya (JI) terrorist
    network, was returned to Singapore by Malaysian law enforcement
    authorities and again detained under the ISA.
        At year's end 15 detainees were held under the ISA as suspected
    terrorists. The majority were suspected of belonging to JI; three were
    suspected of self-radicalization, and one was detained for his
    suspected involvement with the MILF.
        A religious rehabilitation program designed to wean detained
    terrorists from extremist ideologies is in effect, and a number of
    detainees were released under the program, subject to ROs. The
    authorities stated that all of the detainees released cooperated in
    investigations and responded positively to rehabilitation.
        At year's end 48 persons were on ROs. This number included both
    released detainees and suspected terrorists who were never arrested. A
    person subject to an RO must seek official approval for a change of
    address or occupation, for overseas travel, or for participation in any
    public organization or activity. There is also a category of Suspension
    Direction (SD), which prohibits association with militant or terrorist
    groups or individuals as well as the ability to travel outside the
    country without the prior written approval of the Government. During
    the year two persons were on SDs. Detainees released on ROs and SDs
    were monitored by the authorities and required to report to authorities
    on a regular basis.
        Authorities released two JI detainees, being held under the ISA, on
    ROs in January. In the same month, the Government did not renew the
    expired ROs of three other JI members who had been on ROs since 2004.
        In February authorities released a self-radicalized detainee under
    an SD and in July released a JI detainee under an SD.
        The CLA comes up for renewal every five years and was last renewed
    in February 2009. Under the CLA the minister for home affairs may order
    preventive detention, with the concurrence of the public prosecutor,
    for an initial period of one year, and the president may extend
    detention for additional periods of up to one year at a time. The
    minister must provide a written statement of the grounds for detention
    to the Criminal Law Advisory Committee (CLAC) within 28 days of the
    order. The CLAC then reviews the case at a private hearing. CLAC rules
    require that detainees be notified of the grounds of their detention at
    least 10 days prior to this hearing, in which a detainee may represent
    himself or be represented by a lawyer. After the hearing the committee
    makes a written recommendation to the president, who may cancel,
    confirm, or amend the detention order. Persons detained under the CLA
    have recourse to the courts via an application for a writ of habeas
    corpus. Persons detained without trial under the CLA are entitled to
    counsel, but they may challenge the substantive basis for their
    detention only to the CLAC. The CLA was used almost exclusively in
    cases involving narcotics or criminal organizations and has not been
    used for political purposes. In 2008 the most recent year for which
    statistics were available, the Government issued 64 detention orders
    and six police supervision orders, and 290 persons were in detention
    under the CLA. During the five-year period from 2004 through 2008, the
    Government detained 366 persons and released 272 persons under the CLA.
        Persons who allege mistreatment while in detention may bring
    criminal charges against government officials alleged to have committed
    such acts; no such cases were reported during the year.
        Both the ISA and the CLA contain provisions that allow for modified
    forms of detention such as curfews, residence limitations, requirements
    to report regularly to the authorities, limitations on travel, and, in
    the case of the ISA, restrictions on political activities and
    association.
        The drug act also permits detention without trial. Under the drug
    act, if a suspected drug abuser tests positive for an illegal drug, the
    director of the Central Narcotics Bureau (CNB) may commit the person to
    a drug rehabilitation center for a six-month period, which is
    extendable by a review committee of the institution for up to a maximum
    of three years. At year's end 765 persons were held in drug
    rehabilitation centers while 32 persons were held in the Inhalant
    Treatment Center. Under the Intoxicating Substances Act, the CNB
    director may order the treatment of a person believed to be an inhalant
    drug abuser for up to six months.

        e. Denial of Fair Public Trial.--The constitution provides for an
    independent judiciary, and the Government generally respected judicial
    independence; however, in practice constitutionally authorized laws
    that limit judicial review permit restrictions on individuals'
    constitutional rights. The president appoints judges to the Supreme
    Court on the recommendation of the prime minister and in consultation
    with the chief justice. The president appoints subordinate court judges
    on the recommendation of the chief justice. The term of appointment is
    determined by the Legal Service Commission (LSC), of which the chief
    justice is the chairman. Under the ISA and the CLA, the president and
    the minister for home affairs have substantial de facto judicial power,
    which explicitly (in the case of the ISA) or implicitly (in the case of
    the CLA) excludes normal judicial review. These laws provide the
    Government with the power to limit, on vaguely defined national
    security grounds, the scope of certain fundamental liberties that
    otherwise are provided for in the constitution.
        Government leaders historically have used court proceedings, in
    particular defamation suits, against political opponents and critics.
    Both this practice and consistent awards in favor of government
    plaintiffs raised questions about the relationship between the
    Government and the judiciary and led to a perception that the judiciary
    reflected the views of the ruling party in politically sensitive cases.
    In past years, some opposition politicians have been bankrupted by such
    suits.
        Some commentators and representatives of international
    nongovernmental organizations (NGOs) said that the LSC's authority to
    rotate subordinate court judges and magistrates and the Government's
    discretion with regard to extending the tenure of Supreme Court judges
    beyond the age of 65 undermined the independence of the judiciary.

        Trial Procedures.--The law provides for the right to a fair trial,
    and independent observers viewed the judiciary as generally impartial
    and independent, except in a small number of cases involving direct
    challenges to the Government or the ruling party. The judicial system
    generally provides citizens with an efficient judicial process. In
    normal cases the Criminal Procedure Code provides that a charge against
    a defendant must be read and explained to him as soon as it is framed
    by the prosecution or the magistrate. Trials are public and heard by a
    judge; there are no jury trials. Defendants have the right to be
    present at their trials and to be represented by an attorney; the Law
    Society administers a criminal legal-aid plan for those who cannot
    afford to hire an attorney. In death penalty cases, the Supreme Court
    appoints two attorneys for defendants who are unable to afford their
    own counsel. Defendants also have the right to question opposing
    witnesses, to provide witnesses and evidence on their own behalf, and
    to review government-held evidence relevant to their cases. Defendants
    enjoy a presumption of innocence and the right of appeal in most cases.
    Despite the general presumption of innocence, the drug act stipulates
    that a person, who the prosecution proves has illegal narcotics in his
    possession, custody, or control, shall be assumed to be aware of the
    substance and places the burden on the defendant to prove otherwise.
    The same law also stipulates that, if the amount of the narcotic is
    above set limits, it is the defendant's burden to prove he or she did
    not have the drug for the purpose of trafficking. Convictions for
    narcotics trafficking offenses carry lengthy jail sentences or the
    death penalty, depending on the type and amount of the illegal
    substance.
        Persons detained under the ISA or CLA are not entitled to a public
    trial. In addition proceedings of the advisory board under the ISA and
    CLA are not public.

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

        Civil Judicial Procedures and Remedies.--There is no
    differentiation between civil and criminal judicial procedures. The
    subordinate courts handled the majority of civil cases. Access to the
    courts is open, and citizens and residents have the right to sue for
    infringement of human rights. There were no known attempts to use legal
    action against the Government for human rights violations.

        f. Arbitrary Interference With Privacy, Family, Home, or
    Correspondence.--The constitution does not address privacy rights;
    remedies for infringement of some aspects of privacy rights are
    available under statutory or common law. The Government generally
    respected the privacy of homes and families; however, it had a
    pervasive influence over civic and economic life and sometimes used its
    broad discretionary powers to infringe on these rights. Normally the
    police must have a warrant issued by a court to conduct a search;
    however, they may search a person, home, or property without a warrant
    if they decide that such a search is necessary to preserve evidence or
    under the discretionary powers of the ISA, CLA, the drug act, and the
    UPA.
        Law enforcement agencies, including the Internal Security
    Department and the Corrupt Practices Investigation Board, had extensive
    networks for gathering information and conducting surveillance and
    highly sophisticated capabilities to monitor telephone and other
    private conversations. No court warrants are required for such
    operations. Most residents believed that the authorities routinely
    monitored telephone conversations and the use of the Internet. Most
    residents also believed that the authorities routinely conducted
    surveillance of some opposition politicians and other government
    critics.
    Section 2. Respect for Civil Liberties, Including:

        a. Freedom of Speech and Press.--The constitution provides for
    freedom of speech and freedom of expression but permits official
    restrictions on these rights, and in practice the Government
    significantly restricted freedom of speech and of the press. Government
    intimidation and pressure to conform resulted in self-censorship among
    journalists; however, there was a moderate level of debate in
    newspapers and on the Internet on some public issues such as the
    institution of a minimum wage, immigration policy, and censorship.
    There also was extensive coverage of opposition parties and candidates
    in the Government-linked media.
        Under the ISA the Government may restrict or place conditions on
    publications that incite violence, counsel disobedience to the law,
    have the potential to arouse tensions in the country's diverse
    population, or might threaten national interests, national security, or
    public order. The ISA has not been invoked in recent years against
    political opponents of the Government.
        Government leaders urged that news media support the goals of the
    elected leadership and help maintain social and religious harmony. In
    addition to strict defamation and press laws, the Government's
    demonstrated willingness to respond vigorously to what it considered
    personal attacks on officials led journalists and editors to moderate
    or limit what was published.
        Citizens do not need a permit to speak at indoor public gatherings
    outside the hearing or view of nonparticipants, unless the topic refers
    to race or religion.
        The Government effectively restricts the ability to speak or
    demonstrate freely in public to a single location called Speakers'
    Corner, which is located in a public park. Prospective speakers must be
    citizens or permanent residents and show their identification cards.
    Events need not be registered in advance with the police but must be
    preregistered online with the Government. While it was not necessary to
    declare speech topics in advance, regulations governing the Speakers'
    Corner state that ``the speech should not be religious in nature and
    should not have the potential to cause feelings of enmity, ill will, or
    hostility between different racial or religious groups.''
        In August in a rally organized by the Singapore Anti-Death Penalty
    Campaign and the socio-political Web site The Online Citizen,
    approximately 140 persons gathered at the Speaker's Corner to sign a
    petition urging that a Malaysian drug trafficker who had been sentenced
    to death be spared.
        The Government strongly influenced both the print and electronic
    media. Two companies, Singapore Press Holdings Limited (SPH) and
    MediaCorp, owned all general circulation newspapers in the four
    official languages--English, Chinese, Malay, and Tamil. MediaCorp was
    wholly owned by a government investment company. SPH was a private
    holding company with close ties to the Government; the Government must
    approve (and can remove) the holders of SPH management shares, who have
    the power to appoint or dismiss all directors or staff. As a result,
    while newspapers printed a large and diverse selection of articles from
    domestic and foreign sources, their editorials, coverage of domestic
    events, and reporting of sensitive foreign relations topics usually
    closely reflected government policies and the opinions of government
    leaders.
        Columnists' opinions and letters to the editor expressed a moderate
    range of opinions on public issues.
        Government-linked companies and organizations operated all domestic
    broadcast television channels and almost all radio stations. Only one
    radio station, the BBC World Service, was completely independent of the
    Government. Some Malaysian and Indonesian television and radio
    programming could be received, but satellite dishes were banned, with
    few exceptions. Cable subscribers had access to numerous foreign
    television news channels and many entertainment channels. In general
    these were not censored with the exception of certain themes such as
    homosexuality and explicit sexual content.
        The Media Development Authority (MDA), a statutory board under the
    Ministry of Information, Communications, and the Arts (MICA), continued
    to heavily regulate broadcast and print media, Internet sites, and
    other media, including movies, video materials, computer games, and
    music. Banned publications consisted primarily of sexually oriented
    materials but also included some religious and political publications.
    Both the MDA and MICA developed censorship standards with the help of a
    citizen advisory panel. The ISA, the UPA, and the Films Act allow the
    banning, seizure, censorship, or restriction of written, visual, or
    musical materials if authorities determine that such materials threaten
    the stability of the state, contravene moral norms, are pornographic,
    show excessive or gratuitous sex and violence, glamorize or promote
    drug use, or incite racial, religious, or linguistic animosities. The
    MDA has the power to sanction broadcasters for broadcasting what it
    believes to be inappropriate content. All content shown between 6 a.m.
    and 10 p.m. must be suitable for viewers of all ages.
        A substantial number of foreign media operations were located
    within the country, and a wide range of international magazines and
    newspapers could be purchased uncensored. However, under the Newspaper
    and Printing Presses Act (NPPA), the Government may limit the
    circulation of foreign publications that it determines interfere with
    domestic politics. The NPPA requires foreign publications that report
    on politics and current events in Southeast Asia, with circulation of
    300 or more copies per issue, to register, post a S$200,000
    (approximately $153,000) bond, and name a person in the country to
    accept legal service. The Government has granted exemptions to 19 of
    the 24 publications to which these requirements could apply.
        The Government may limit (or ``gazette'') the circulation of
    publications. The Government also may ban the circulation of domestic
    and foreign publications under provisions of the ISA and the UPA. The
    Broadcasting Act empowers the minister for information, communication,
    and the arts to gazette or place formal restrictions on any foreign
    broadcaster deemed to be engaging in domestic politics. Once
    ``gazetted,'' a broadcaster can be required to obtain express
    permission from the minister to continue broadcasting in the country.
    The Government may impose restrictions on the number of households
    receiving a broadcaster's programming, and a broadcaster may be fined
    up to S$100,000 (approximately $76,500) for failing to comply.
        Critics charged that government leaders used defamation lawsuits or
    threats of such actions to discourage public criticism and intimidate
    opposition politicians and the press. Conviction on criminal defamation
    charges may result in a prison sentence of up to two years, a fine, or
    both.
        In March the International Herald Tribune (IHT) settled the libel
    lawsuit brought by Prime Minister Lee Hsien Loong, Senior Minister Goh
    Chok Tong, and Minister Mentor Lee Kuan Yew. An apology was issued for
    a February article from which readers may have inferred that Lee Hsien
    Loong attained his position through nepotism. The IHT's publisher, The
    New York Times Co., the editor of the global edition, and the article's
    writer paid a total of S$160,000 (approximately $122,400) in damages.
        In July Christopher Neo, vice president of the opposition National
    Solidarity Party, was issued a summons for illegal hawking by the
    National Environment Agency for selling the party's newsletter without
    a license, the first such summons issued to a political party since
    2003.
        The attorney general may bring charges for contempt of court, and
    he used this power to charge several persons who published criticisms
    of the judiciary.
        On November 16, freelance journalist and author, Alan Shadrake, was
    sentenced to six weeks in jail and a fine of S$20,000 ($15,300) for
    contempt of court for 11 passages which impugned the impartiality,
    integrity, and independence of the Singapore courts in his antideath-
    penalty book Once a Jolly Hangman: Singapore Justice in the Dock. He
    also was held responsible for the prosecution's cost, S$50,000
    ($38,250). On November 22, the court granted Shadrake a stay on his
    sentence pending appeal. Although the authorities have not officially
    banned Shadrake's book, it can no longer be found for sale in the
    country.

        Internet Freedom.--Although residents generally had unrestricted
    access to the Internet, the Government subjected all Internet content
    to the same rules and standards as traditional media. However, the
    Government did not appear to enforce many restrictions on Internet
    content, and some banned videos and other materials were accessible
    online. Individuals and groups could engage in the expression of views
    via the Internet, including by e-mail. Internet service providers
    (ISPs) are required to ensure that content complies with the MDA's
    Internet code of practice. The MDA also regulates Internet material by
    licensing the ISPs through which local users are required to route
    their Internet connections. The law permits government monitoring of
    Internet use, and the Government closely monitored Internet activities
    such as blogs and podcasts. The MDA was empowered to direct service
    providers to block access to Web sites that, in the Government's view,
    undermined public security, national defense, racial and religious
    harmony, or public morals. Political and religious Web sites must
    register with the MDA. Although a government-appointed review panel
    recommended the Government cease banning100 specific Web sites that the
    Government considered pornographic, incited racial and religious
    intolerance, or promoted terrorism and extremism, the ban remained.
        In August a citizen was arrested for inciting violence through
    comments he posted on his Facebook page criticizing the Youth Olympic
    Games organizing committee. He was released on bail.
        The Internet was widely available and used, with extensive wireless
    access throughout the country. According to the 2009 Singapore Infocomm
    Development Authority's Household and Individual Usage Survey, 81
    percent of the country's inhabitants had household Internet access.

        Academic Freedom and Cultural Events.--All public institutions of
    higher education and political research had limited autonomy from the
    Government. Although faculty members are not technically government
    employees, in practice they were subject to potential government
    influence. Academics spoke, published widely, and engaged in debate on
    social and political issues. However, they were aware that any public
    comments outside the classroom or in academic publications that
    ventured into prohibited areas--criticism of political leaders or
    sensitive social and economic policies, or comments that could disturb
    ethnic or religious harmony or appeared to advocate partisan political
    views--could subject them to sanctions. Publications by local academics
    and members of research institutions rarely deviated substantially from
    government views.
        In March 2009 Parliament amended the Films Act to permit certain
    previously banned political films. Documentary films ``without any
    animation and composed wholly of an accurate account'' depicting
    events, persons, or situations, and party-political videos, party
    manifestoes, or declarations of policy are now permitted, provided they
    do not contain ``dramatic'' elements. The Films Act does not to apply
    to any film sponsored by the Government and allows the MICA minister to
    exempt any film from the act. The amended Films Act also preserves the
    MICA minister's power to ban any film, whether political or not, that
    in his opinion is ``contrary to the public interest.''
        In July MICA banned the film Dr. Lim Hock Siew under a section of
    the Films Act that allows the banning of any film that is contrary to
    public interest. The Government contended the film gave a ``distorted
    and misleading portrayal of Dr. Lim's 1963 arrest and detention under
    the ISA.''
        Certain films that were barred from general release may be allowed
    limited showings, either censored or uncensored, with a special rating.

        b. Freedom of Peaceful Assembly and Association.--Freedom of
    Assembly.--The constitution provides citizens the right to peaceful
    assembly but permits Parliament to impose restrictions ``it considers
    necessary or expedient'' in the interest of security, public order, or
    morality; in practice the Government restricted this right. Public
    assemblies, including political meetings and rallies, require police
    permission. The threshold for a public assembly was previously an event
    involving at least five persons, but an act passed in April 2009
    redefined ``public assembly'' to include events staged by as few as one
    person. However, citizens do not need permits for indoor speaking
    events unless they touch on ``sensitive topics'' such as race or
    religion, or for qualifying events held at Speakers' Corner.
    Spontaneous public gatherings or demonstrations were virtually unknown.
    The 2009 act also gives police the power to order a person to ``move
    on'' from a certain area and not to return to the designated spot for
    24 hours.
        During the year a number of Falun Gong practitioners who were
    Peoples' Republic of China (PRC) citizens with permanent residency,
    dependent, and student visa statuses claimed harassment by the police
    and immigration authorities. In December five practitioners were
    convicted of committing or abetting vandalism for displaying placards
    and posters in a pedestrian underpass near the site of their group
    exercises in October 2009. The authorities impounded their passports
    and issued them special passes authorizing them to remain in the
    country. The special passes forbid them to work and must be renewed on
    a monthly basis. Other PRC-citizen Falun Gong practitioners in the
    country also claimed to be in an ``immigration limbo'' unable to work,
    and some reportedly left the country.
        In August authorities arrested a PRC-citizen Falun Gong
    practitioner in Singapore on a social visitor's pass for meditating at
    the Esplanade. The Government decided to deport her rather than charge
    her with a crime. Issued a special pass while awaiting deportation, she
    appeared weekly at the Immigration and Customs authority to renew her
    status.
        On December 9, the NGO Singaporeans for Democracy (SFD) cancelled
    plans for its International Human Rights Day march for 30 persons on
    December 10 when it failed to obtain a police permit. The proposed
    march was to be from Speakers' Corner to Parliament House
    (approximately one-half mile); the police advised the organizers to
    hold the event at Speakers' Corner. The SFD's appeal also was denied.
        In April five members of the opposition Singapore Democratic Party
    (SDP) were convicted of taking part in a 2007 procession without a
    valid permit. The High Court allowed the Government a rare appeal of
    their October 2009 acquittal.
        In May 12 members of the SDP were charged with taking part in an
    illegal assembly in 2008. The assembly's focus was targeted at economic
    issues. Each faces a fine of up to S$1,000 ($765) if convicted.
        In September the SDP advertised and held a preelection rally at
    Speaker's Corner. Party members, wearing red party shirts, distributed
    literature, gave speeches, and played music. The rally took place
    without disturbance.
        The Government closely monitored political gatherings regardless of
    the number of persons present. Plainclothes police officers often
    monitored political gatherings.

        Freedom of Association.--Most associations, societies, clubs,
    religious groups, and other organizations with more than 10 members are
    required to register with the Government under the Societies Act. The
    Government denied registration to groups that it believed were likely
    to have been formed for unlawful purposes or for purposes prejudicial
    to public peace, welfare, or public order. The Government has absolute
    discretion in applying criteria to register or dissolve societies.
    During the year the Registry of Societies received 278 registration
    applications. Eight applications were withdrawn, and 63 were pending at
    year's end. Two approved applications were for new political parties:
    The Socialist Front and the United Singapore Democrats. Singaporeans
    for Democracy also was registered during the year.
        In November the Government officially categorized the human rights
    advocacy group, Maruah, as a political association under the Political
    Donations Act. Maruah is the country's representative in the region-
    wide Working Group for an ASEAN Human Rights Mechanism.
        The Government prohibits organized political activities except by
    groups registered as political parties or political associations. This
    prohibition limits opposition activities disproportionately and
    contributes to restricting the scope of unofficial political expression
    and action. The PAP was able to use nonpolitical organizations, such as
    residential committees and neighborhood groups, for political purposes
    far more extensively than opposition parties. Political parties and
    associations are subject to strict financial regulations, including a
    ban on receiving foreign donations. Due to laws regulating the
    formation of publicly active organizations, there were few NGOs apart
    from nonpolitical organizations such as religious groups, ethnically
    oriented organizations, and providers of welfare services.

        c. Freedom of Religion.--For a complete discussion of religious
    freedom, please see the 2010 International Religious Freedom Report at
    www.state.gov/g/drl/irf/rpt.

        d. Freedom of Movement, Internally Displaced Persons, Protection of
    Refugees, and Stateless Persons.--The constitution and the law provide
    for freedom of movement within the country, foreign travel, emigration,
    and repatriation, and the Government generally respected these rights
    in practice; however, it limited them in certain circumstances. The
    Government cooperated with the Office of the UN High Commissioner for
    Refugees and other humanitarian organizations in providing protection
    and assistance to internally displaced persons, refugees, returning
    refugees, asylum seekers, stateless persons, and other persons of
    concern.
        Citizens' choice of where to live sometimes was limited by the
    Government's legal requirement for ethnic balance in publicly
    subsidized housing, in which the majority of citizens lived. The
    Government required all citizens and permanent residents over the age
    of 15 to register and to carry identification cards. The Government may
    refuse to issue a passport and did so in the case of former ISA
    detainees. Under the ISA a person's movement may be restricted.
    According to official press releases, at year's end there were 48
    suspected terrorists subject to such restrictions.
        The law prohibits forced exile, and the Government did not employ
    it.
        The right of voluntary repatriation was extended to holders of
    national passports. The Government actively encouraged citizens living
    overseas to return home or at least to maintain active ties with the
    country. A provision of the law allows for the loss of citizenship by
    citizens who reside outside the country for more than 10 consecutive
    years, but it was not known to have been used.
        Men are required to serve 24 months of uniformed national service
    upon turning 18 years of age. They also are required to undergo reserve
    training up to the age of 40 (for enlisted men) or 50 (for officers).
    Male citizens and permanent residents with national service reserve
    obligations are required to advise the Ministry of Defense if they plan
    to travel abroad. Persons 13 years of age or older who have not
    completed national service obligations are required to obtain exit
    permits for international travel. To obtain the required permit, a
    prospective traveler must in certain cases post a bond equal to
    S$75,000 (approximately $57,350) or 50 percent of the combined gross
    annual income of both parents for the preceding year, whichever is
    greater. The bond requirement applies to travelers age 16 years and
    above for travel exceeding three months, and to travelers age 13 to 16
    for travel lasting two years or more.
        In exchange for allowing former members of the Communist Party of
    Malaya (CPM) residing outside the country to return to Singapore, the
    Government requires that they renounce communism, sever all links with
    the CPM, and agree to be interviewed by the Internal Security
    Department about their past activities. Some former CPM cadres accepted
    these conditions and returned, but some observers estimated that
    approximately 30 alleged CPM members have not.

        Protection of Refugees.--The country is not a party to the 1951
    Convention relating to the Status of Refugees or the 1967 Protocol
    relating to the Status of Refugees. The country's laws do not provide
    for the granting of asylum or refugee status, although the Government
    has established a system for providing protection to refugees on a
    case-by-case basis. In practice the Government provided protection
    against expulsion or return of refugees to countries where their lives
    or freedom would be threatened on account of their race, religion,
    nationality, membership in a particular social group, or political
    opinion.
    Section 3. Respect for Political Rights: The Right of Citizens to
            Change Their Government
        The constitution provides citizens the right to change their
    government peacefully. Opposition parties can contest elections, and
    the voting and vote-counting systems are fair and free from tampering;
    however, the PAP, which has held power continuously and overwhelmingly
    for five decades, has used the Government's extensive powers to place
    formidable obstacles in the path of political opponents.

        Elections and Political Participation.--The general elections
    operate under the first-past-the-post system. Following the 2006
    elections, the PAP (having captured 66.6 percent of the vote) held 82
    of 84 elected constituency seats in Parliament; the opposition
    Singapore Democratic Alliance (13.1 percent) and the Workers' Party
    (16.3 percent) each held one elected seat. Because three seats are
    reserved by law for opposition parties, the Workers' Party obtained a
    second, ``nonconstituency'' seat as the opposition party with the
    highest vote total.
        The opposition continued to criticize what it described as PAP
    abuse of its incumbency advantages to handicap opposition parties. The
    PAP maintained its political dominance in part by intimidating
    organized political opposition and circumscribing political discourse
    and action. The belief that the Government might directly or indirectly
    harm the employment prospects of opposition supporters inhibited
    opposition political activity; however, there were no confirmed cases
    of such retaliation. As a result of these and other factors, opposition
    parties were unable to challenge seriously the ruling party. The PAP
    claimed that the lack of an effective opposition was due to
    disorganization, weak leadership, and the absence of persuasive
    alternative policies.
        The PAP has an extensive grassroots system and a carefully
    selected, highly disciplined membership. The establishment of
    government-organized and predominantly publicly funded Community
    Development Councils (CDCs) further strengthened the PAP's position.
    The CDCs promoted community development and cohesion and provided
    welfare and other assistance services. The PAP dominated the CDCs even
    in opposition-held constituencies from which it threatened to withdraw
    publicly funded benefits.
        The PAP completely controlled key positions in and out of
    government, influenced the press, pursued opposition political figures
    in the courts, and otherwise limited opposition political activities.
    Often the means were fully consistent with the law and the normal
    prerogatives of a parliamentary government, but the overall effect was
    to disadvantage and weaken political opposition. Since 1988 the PAP
    changed all but nine single-seat constituencies into group
    representational constituencies (GRCs) of five to six parliamentary
    seats, in which the party with a plurality wins all of the seats.
    According to the constitution, such changes are permitted to ensure
    ethnic minority representation in Parliament; each GRC candidate list
    must contain at least one ethnic minority candidate. These changes made
    it more difficult for opposition parties, all of which had very limited
    memberships, to fill multimember candidate lists. The constitutional
    requirement that members of Parliament resign if expelled from their
    party helped ensure backbencher discipline.
        Although political parties legally were free to organize, they
    operated under the same limitations that applied to all organizations,
    and the authorities imposed strict regulations on their constitutions,
    fundraising, and accountability. There were 28 registered political
    parties in the country; however, only seven of these were active.
    Political parties and organizations were subject to strict financial
    regulations, including a ban on receiving foreign donations. Government
    regulations hindered attempts by opposition parties to rent office
    space in government housing blocks or to establish community
    foundations. In addition government influence extended in varying
    degrees to academic, community service, and other NGOs.
        The law provides for a president to be popularly elected for a six-
    year term from among candidates who are approved by a constitutionally
    prescribed committee selected by the Government. In 2005 the committee
    decided that the PAP-endorsed incumbent, President S.R. Nathan, was the
    only qualified candidate out of four applicants. The election was
    cancelled, and Nathan was inaugurated for a second term. The Government
    placed significant obstacles in the way of opposition political
    figures' presidential candidacies. For example, opposition members were
    much less likely to satisfy the requirement that candidates have
    experience in managing the financial affairs of a large institution,
    since many of the country's large institutions were run by or linked to
    the Government.
        Voting is compulsory, and 95 percent of eligible voters voted in
    the most recent general election. However, more than 43 percent of
    those eligible voters lived in GRCs where the opposition was unable to
    field candidates and the PAP candidates were automatically elected.
    There is no legal bar to the participation of women in political life;
    women held 17 of the 84 elected parliamentary seats. There were four
    female ministers of state, including one of cabinet rank. Three of the
    15 Supreme Court justices were women. The solicitor general was a
    woman.
        There are no restrictions in law or practice against minorities
    voting or participating in politics; they actively participated in the
    political process and were well represented throughout the Government,
    except in some sensitive military positions. Malays made up
    approximately 13 percent of the general population and held
    approximately 15 percent of elected seats in Parliament. Indians made
    up approximately 9 percent of the general population and held
    approximately 11 percent of the elected seats in Parliament. There were
    four ethnic Indian ministers and one ethnic Malay minister. Two of the
    15 members of the Supreme Court were ethnic Indian; there were no
    Malays on the court.
    Section 4. Official Corruption and Government Transparency
        The Government actively prosecuted officials involved in
    corruption. The Government-linked media increased its coverage of
    government employees arrested for corruption. During the year details
    of a fraud in which officials of the Singapore Land Authority (SLA)
    embezzled millions of dollars over a number of years emerged. In
    December Ho Yen Teck, a SLA contractor, pleaded guilty to 21 counts of
    conspiracy to cheat the Government. Eight other persons were accused of
    cheating the public sector department out of S$12.2 million ($9.3)
    million.
        In December one of the nine persons accused in the SLA fraud case,
    Koh Seah Wee, a former senior government executive, was also charged
    with defrauding the Supreme Court and the Intellectual Property Office.
    He was remanded to custody to await trial.
        The salaries of senior officials are public information, and
    political parties must report donations; however, there is no financial
    disclosure law. The Corrupt Practices Investigation Board, which
    answers directly to the prime minister, is responsible for
    investigating and prosecuting corruption by government officials.
        There are no laws that specifically provide for public access to
    government information.
    Section 5. Governmental Attitude Regarding International and
            Nongovernmental Investigation of Alleged Violations of Human
            Rights
        Efforts by independent organizations to investigate and evaluate
    government human rights policies faced the same obstacles as those
    faced by opposition political parties. NGOs were subject to
    registration under the Societies Act. Some domestic NGOs criticized
    restrictions on human rights or suggested changes that would relax or
    remove restrictions.
        The Government did not obstruct international human rights
    organizations from observing human rights-related court cases.
        The UN special rapporteur on racism visited the country from April
    21 through April 28.
        Some international human rights NGOs criticized the Government's
    policies in areas such as capital punishment and freedom of expression.
    The Government generally ignored such criticisms or published
    rebuttals.
    Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
        The constitution states that all persons are equal before the law
    and entitled to the equal protection of the law, and the Government
    generally respected these provisions in practice; there is no explicit
    provision granting equal rights to women and minorities. Mindful of the
    country's history of intercommunal tension, the Government took
    measures to ensure racial, ethnic, religious, and cultural
    nondiscrimination. Social, economic, and cultural benefits and
    facilities were available to all citizens regardless of race, religion,
    or gender.

        Women.--The Government enforced the law against rape, which
    provides for imprisonment of up to 20 years and caning for offenders.
    Under the law rape can be committed only by a man, and spousal rape is
    generally not a crime. However, husbands who force their wives to have
    intercourse can be prosecuted for other offenses, such as assault, and
    spousal rape is a criminal offense when the couple is separated,
    subject to an interim divorce order that has not become final, or
    subject to a written separation agreement, as well as when a court has
    issued a protection order against the husband. During the year 21
    persons were prosecuted for rape; there were 15 convictions, and six
    persons were awaiting trial. The Ministry of Education and the police
    carried out programs aimed at preventing rape.
        The law criminalizes domestic violence and intentional harassment.
    A victim of domestic violence can obtain court orders barring the
    spouse from the home until the court is satisfied that the spouse has
    ceased aggressive behavior. The law prescribes mandatory caning and a
    minimum imprisonment of two years for conviction on any charge of
    ``outraging modesty'' that caused the victim fear of death or injury.
    The press gave prominent coverage to instances of abuse or violence
    against women. A 2009 survey by a local NGO found that 9 percent of
    respondents reported having experienced some form of sexual or physical
    violence in their lifetime. Several voluntary welfare organizations
    provided assistance to abused women. During the year there were 3,058
    applications for personal protection orders, 15 percent of which were
    filed by wives for protection against their husbands.
        There are no specific laws prohibiting stalking or sexual
    harassment; however, the Miscellaneous Offenses Act (MOA) and laws
    prohibiting insults to modesty were used successfully to prosecute
    these offenses. Under the MOA a person who uses threatening, abusive,
    or insulting words or behavior can incur a fine of up to S$5,000
    ($3,800). A 2008 survey by a local NGO found that 54 percent of
    respondents (58 percent of females and 42 percent of males) reported
    having experienced some form of sexual harassment at work. The Ministry
    of Manpower, the National Trades Union Council, and the Singapore
    Employers Federation jointly operated a venue for public feedback and
    advice on fair employment practices.
        Couples and individuals have the right to decide freely and
    responsibly the number, spacing, and timing of their children.
    Contraceptive supplies and information, provided by the Ministry of
    Health, as well as public and private doctors, were readily available.
    Medical services were available, including for sexually transmitted
    diseases, and were provided without discrimination. According to UN
    statistics, the maternal mortality ratio was nine deaths per 100,000
    live births in 2008. The national birthrate was well below replacement
    levels and since the mid-1980s the Government has pursued pronatalist
    policies, which provide comprehensive clinical services and a wide
    range of social and fiscal incentives.
        Women accounted for 56.4 percent of civil service employees. They
    enjoyed the same legal rights as men, including civil liberties,
    employment, commercial activity, and education. The Women's Charter
    gives women, among other rights, the rights to own property, conduct
    trade, and receive divorce settlements. Muslim women enjoyed most of
    the rights and protections of the Women's Charter. For the most part,
    Muslim marriage falls under the administration of the Muslim Law Act,
    which empowers the Sharia (Islamic law) court to oversee such matters.
    The law allows Muslim men to practice polygymy, although requests to
    take additional spouses may be refused by the Registry of Muslim
    Marriages, which solicits the views of an existing wife or wives and
    reviews the financial capability of the husband. During the year there
    were 40 applications for polygynous marriage of which eight were
    approved. The rest were rejected, withdrawn, or remained pending at the
    end of the reporting period. Polygynous marriages constituted 0.3
    percent of Muslim marriages.
        Both men and women have the right to initiate divorce proceedings;
    however, in practice some women faced significant difficulties that
    prevented them from pursuing such proceedings. This included the lack
    of financial resources to obtain legal counsel. Men do not have the
    right to seek alimony from their wives in cases of divorce or
    separation.
        In recent years women constituted approximately 55 percent of the
    labor force and were well represented in many professions. However,
    women held few leadership positions in the private sector and only one
    cabinet-level position in the Government. Women were overrepresented in
    low-wage jobs such as clerks and secretaries. In 2008 salaries for
    women ranged upwards from 66 percent of men's salaries depending on the
    occupational grouping.

        Children.--Citizenship is derived from one's parents, and birth
    registration is essentially universal.
        In May a government press release stated that the law distinguishes
    between minors and children. Minors are defined as under 18 years of
    age, and children are defined as those below 14 years old.
        The Children and Young Persons Act created a juvenile court system
    and established protective services for children orphaned, abused,
    ``troubled,'' or with disabilities. The Ministry of Community
    Development, Youth, and Sports (MCYS) worked closely with the National
    Council for Social Services to oversee children's welfare cases.
    Voluntary organizations operated most of the homes for children, while
    the Government funded a substantial portion of living expenses and
    overhead, as well as expenses for special schooling, health care, and
    supervisory needs.
        Female circumcision is prevalent among the Muslim population. The
    procedure is performed by female doctors at Muslim clinics, usually on
    female infants or prepubescent girls. It normally involves nicking the
    prepuce. It is markedly different from the more severe forms of genital
    mutilation.
        Some child prostitution occurred. During the year authorities
    arrested 28 girls under the age of 18 for prostitution-related
    activities. Two persons were convicted of crimes relating to commercial
    sexual exploitation of persons under 18; a third case remained under
    investigation.
        The age of consent to noncommercial sex is 16 years. In 2009 there
    was a 36 percent increase in reported statutory rape cases involving
    girls less than 14 years of age--83 cases, up from 61 cases in 2008.
    Sexual intercourse with anyone under 16 is punishable by up to five
    years in prison and a maximum fine of S$10,000 (approximately $7,600).
    The authorities may detain persons under 18 who are believed to be
    engaged in prostitution, as well as to prosecute those who organize or
    profit from prostitution, who bring women or girls to the country for
    prostitution, or who coerce or deceive women or girls into
    prostitution.
        The MCYS sponsored activities promoting children's causes,
    including family stability.
        Singapore acceded to the 1980 Hague Convention on the Civil Aspects
    of International Child Abduction in December; the convention is
    scheduled to come into force on March 1, 2011. For information on
    international parental child abduction, please see the Department of
    State's annual report at http://travel.state.gov/abduction/country/
    country--3781.html.

        Anti-Semitism.--The size of the Jewish community was approximately
    800 to 1,000. There were no reports of anti-Semitic acts, and
    synagogues held regular Sabbath services.

        Trafficking in Persons.--For information on trafficking in persons,
    please see the Department of State's annual Trafficking in Persons
    Report at www.state.gov/g/tip.

        Persons With Disabilities.--The MCYS is responsible for protecting
    the rights of persons with disabilities. MCYS' Enabling Masterplan
    2007-11 outlined a five-year policy roadmap for the programs and
    services in the disability sector.
        Electoral law allows those voters who, incapacitated by blindness
    or other physical cause, are unable to vote in the manner described by
    law to receive voter assistance by other authorized citizens to mark
    and cast their ballots.
        The Government maintained a comprehensive code on barrier-free
    accessibility; it established standards for facilities for persons with
    physical disabilities in all new buildings and mandated the progressive
    upgrading of older structures. There was no comprehensive legislation
    addressing equal opportunities for persons with disabilities in
    education or employment; however, the National Council of Social
    Services, in conjunction with various voluntary associations, provided
    an extensive job training and placement program for persons with
    disabilities. A tax deduction of up to S$100,000 (approximately
    $76,500) was available to employers to defray the expense of building
    modifications to benefit employees with disabilities. The country
    allows guide dogs for the blind into public places and on trains, but
    the laws do not cover buses and taxis. During the year 100 percent of
    public trains and 37 percent of buses were wheelchair accessible. All
    major pedestrian thoroughfares have curb cuts.
        Informal provisions in education permit university matriculation
    for the visually impaired, those hard of hearing, and students with
    other physical disabilities. Approximately 8,200 children with
    intellectual disabilities attended mainstream schools during the year.
    There were 20 special education schools that enrolled approximately
    4,900 students. All primary and secondary schools were equipped with
    basic handicap facilities such as handicap toilets and first-level
    wheelchair ramps. Approximately 20 percent of all primary and secondary
    schools (68 schools) were equipped with full-handicap facilities.
        The Government provided funds for two distinct types of early
    education programs for children with special needs. The Early
    Intervention Program for Infants and Children (EIPIC) provides
    educational and therapy services for children up to six years of age
    who have handicaps or special needs. During the year there were 1,225
    children enrolled in the 12 EIPIC programs. At the 18 Integrated Child
    Care Centers (ICCP), special needs children engage in the same group
    activities as the other children while also receiving enhancements of
    the normal childcare curriculum. During the year 97 special needs
    children were enrolled in the ICCPs.
        The Government allows a tax deduction of up to S$3,500
    (approximately $2,700) per individual for families caring for a sibling
    or spouse with a disability. For families caring for a child who is
    disabled, they received a tax deduction of up to S$5,500 (approximately
    $4,200) per child. Mental and physical disabilities are treated in the
    same way. Every child under EIPIC received a S$300 (approximately $234)
    monthly subsidy. The state-mandated health insurance program
    specifically excludes coverage for mental illnesses and personality
    disorders.
        Press coverage of the activities and achievements of persons with
    disabilities was extensive, and discrimination or abuse of persons with
    disabilities did not appear to be a problem.

        National/Racial/Ethnic Minorities.--Ethnic Malays constituted
    approximately 13 percent of the population. The constitution
    acknowledges them as the indigenous people of the country and charges
    the Government to support and promote their political, educational,
    religious, economic, social, cultural, and language interests. The
    Government took steps to encourage greater educational achievement
    among Malay students. However, ethnic Malays have not reached the
    educational or socioeconomic levels achieved by the ethnic Chinese
    majority, the ethnic Indian minority, or the Eurasian community. Malays
    remained underrepresented at senior corporate levels and, some
    asserted, in certain sectors of the Government and the military. This
    reflected their historically lower educational and economic levels, but
    some argued that it also was a result of employment discrimination.
    Some ethnic Indians also reported that discrimination limited their
    employment and promotion opportunities. Government guidelines called
    for eliminating language referring to age, gender, or ethnicity in
    employment advertisements; restrictive language pertinent to job
    requirements, such as ``Chinese speaker'' remained acceptable. These
    guidelines were generally followed.
        The Presidential Council on Minority Rights examined all pending
    bills to ensure that they were not disadvantageous to a particular
    group. It also reported to the Government on matters that affected any
    racial or religious community.
        Government policy enforced ethnic ratios for publicly subsidized
    housing.

        Societal Abuses, Discrimination, and Acts of Violence Based on
    Sexual Orientation and Gender Identity.--After failure of a 2007
    attempt to repeal the section of the penal code criminalizing sex
    between men, Prime Minister Lee stated that the authorities would not
    actively enforce the statute, leaving gay men free to live their
    private lives in peace as long as they did not actively promote their
    sexual orientation.
        During the year two men were arrested for a homosexual act in a
    public toilet and charged under laws that provide for a jail term of up
    to three months, or fine, or both. One of the men was convicted and
    fined S$3,000 ($2,300). At year's end the other man remained out on
    bail awaiting trial.

        Other Societal Violence or Discrimination.--Some individuals with
    HIV/AIDS claimed that they were socially marginalized and faced
    employment discrimination if they revealed they were suffering from the
    disease. The Government discouraged discrimination, supported
    initiatives that countered misperceptions about HIV/AIDS, and publicly
    praised employers that welcomed workers with HIV/AIDS.
    Section 7. Worker Rights

        a. The Right of Association.--The constitution provides all
    citizens the right to form associations, including trade unions;
    however, Parliament may impose restrictions based on security, public
    order, or morality grounds. The right of association was restricted by
    the Societies Act and by labor and education laws and regulations.
    Under these laws any group of 10 or more persons is required to
    register with the Government. The Trade Unions Act authorizes the
    formation of unions with broad rights, albeit with some narrow
    restrictions such as prohibitions on the unionization of uniformed
    personnel or government employees. The registrar, however, has broad
    powers to refuse to register a union or to cancel registration, and to
    approve a new union's rules or changes to an existing union's rules.
    The Amalgamated Union of Public Employees was declared exempt from
    these provisions, and its scope of representation expanded to cover all
    public sector employees except the most senior civil servants.
        The Trade Unions Act restricts the right of trade unions to elect
    their officers and to choose whom they may employ. Foreigners and those
    with criminal convictions may not hold union office or become employees
    of unions. However, the minister of manpower may grant exemptions. The
    Trade Unions Act limits the objectives for which unions can spend their
    funds and prohibits payments to political parties or the use of funds
    for political purposes.
        The national labor force consisted of slightly more than three
    million workers, 540,000 of whom were represented by 60 unions and one
    association. Approximately 18 percent of the workforce is unionized.
    There is no agricultural sector in Singapore.
        Almost all of the unions were affiliated with the National Trade
    Union Congress (NTUC), an umbrella organization with a close
    relationship with the Government. Formed in 1961 from the amalgamation
    of trade unions affiliated to the ruling PAP, NTUC expanded over the
    years to control other smaller unions. The NTUC acknowledged that its
    interests were linked closely with those of the ruling PAP, a
    relationship often described by both as symbiotic. The NTUC's secretary
    general, Lim Swee Say, a PAP member of parliament (MP), was a member of
    the cabinet as minister in the Prime Minister's Office. Young PAP MPs
    with no union experience were elected to leadership positions in the
    NTUC or member unions. NTUC policy prohibited union members who
    supported opposition parties from holding office in affiliated unions.
    While the NTUC was financially independent of the PAP, the two shared a
    common ideology and worked closely with management in support of
    nonconfrontational labor relations. Labor groups expressed concerns
    that while the arrangement has created a conducive environment for
    multinational corporations to invest, it effectively restricted the
    rights of workers to associate freely and bargain collectively with
    employers.
        The NTUC was free to associate regionally and internationally.
        Workers in ``essential services'' are required to give 14 days'
    notice to an employer before striking, and there is a prohibition on
    strikes by workers in three sectors: water, gas, and electricity. Other
    workers have the legal right to strike but rarely did so. No specific
    laws prohibit retaliation against strikers. The law provides that
    before striking, 51 percent of unionized workers must vote in favor of
    the strike by secret ballot, as opposed to the more common practice of
    51 percent of those participating in the vote. There were no strikes
    during the year.
        Most disagreements were resolved through informal consultations
    with the Ministry of Manpower. If conciliation failed, the disputing
    parties usually submitted their case to the tripartite Industrial
    Arbitration Court (IAC), which was composed of representatives from
    labor and management and chaired by a judge. In limited situations the
    law provides for compulsory arbitration, which has not been used since
    1980.

        b. The Right to Organize and Bargain Collectively.--Collective
    bargaining was a normal part of labor-management relations in the
    industrial sector. Because almost all unions were affiliated with the
    NTUC, it almost has an exclusive authority to exercise collective
    bargaining power. The IAC must certify collective agreements before
    they go into effect. The IAC may refuse certification at its discretion
    on the ground of public interest. In 2009, a total of 384 collective
    agreements were filed with the IAC. Union members may not reject
    collective agreements negotiated between their union representatives
    and the employer. Transfers and layoffs are excluded from the scope of
    collective bargaining. However, in practice employers consulted with
    unions on both issues and the Tripartite Panel on Retrenched Workers
    issued guidelines calling for early notification to unions of layoffs.

        c. Prohibition of Forced or Compulsory Labor.--The law prohibits
    forced or compulsory labor, including by children. There were reports
    of practices indicative of forced labor.

        d. Prohibition of Child Labor and Minimum Age for Employment.--The
    Government enforced the Employment Act, which prohibits employment of
    children under the age of 13. Restrictions on the employment of
    children between the ages of 13 and 16 are rigorous and were fully
    enforced. Children under the age of 15 generally are prohibited from
    employment in the industrial sector. Exceptions include family
    enterprises; children may work in a business in which only members of
    the same family are employed. A child age 13 or older may be employed
    in light work, subject to medical clearance. Employers must notify the
    commissioner of labor within 30 days of hiring a child between the ages
    of 15 and 16 and attach a medical certification of the child's fitness
    for employment. The incidence of children in permanent employment was
    low, and abuses were almost nonexistent.
        Ministry of Manpower regulations prohibit night employment of
    children and restrict industrial work for children between the ages of
    15 and 16 to no more than seven hours a day, including the hours spent
    in school. Children may not work on commercial vessels, with moving
    machinery, on live electrical apparatus lacking effective insulation,
    or in any underground job. The minister of manpower effectively
    enforced these laws and regulations.

        e. Acceptable Conditions of Work.--There are no laws or regulations
    on minimum wages or unemployment compensation. Agreements between
    management and labor were renewed every two to three years, although
    wage increases were negotiated annually. The National Wages Council, a
    group composed of labor, management, and government representatives,
    issued yearly guidelines on raises and bonus pay that served as the
    starting point for bargaining agreements. Subject to negotiation in
    each enterprise, up to 10 percent of salaries was considered
    ``variable'' each month, allowing companies to eliminate that portion
    of pay if there were financial problems. The labor market generally
    offered citizens and permanent residents good working conditions and
    relatively high wages that provided a decent standard of living for a
    worker and family. In 2009 the median income among all households
    headed by a citizen or permanent resident was S$58,200 ($44,530); among
    employed households headed by a citizen or permanent resident, the
    median income was S$64,776 ($49,560).
        The Employment Act sets the standard legal workweek at 44 hours and
    provides for one rest day each week.
        The Ministry of Manpower effectively enforced laws and regulations
    establishing working conditions and comprehensive occupational safety
    and health laws. Enforcement procedures, coupled with the promotion of
    educational and training programs, were implemented to reduce the
    frequency of job-related accidents. Effective March 2009, the ministry
    tightened the factory registration scheme for some 8,000 higher-risk
    factories. The new scheme strengthens the requirements for
    implementation of risk management and safety and health management
    system in these higher-risk factories, including construction
    worksites, shipyards, metal working factories, and petrochemical
    plants. While workers have the right under the Employment Act to remove
    themselves from a dangerous work situation, their right to continued
    employment depended upon an investigation by the ministry.
        Because of a domestic labor shortage, in 2009 approximately 700,000
    foreign workers were employed legally. There were no reliable estimates
    of the number of foreigners working illegally. Most foreign workers
    were unskilled laborers and household servants from other Asian
    countries. Although substantial numbers of foreign workers held white-
    collar jobs, foreign workers were generally concentrated in low-wage,
    low-skill jobs and were often required to work long hours. Employers
    are required by law to provide their workers with a minimum standard of
    housing. In 2009 the Ministry of Manpower removed 21,000 foreign
    workers from unacceptable housing. Although the great majority of the
    approximately 196,000 foreign domestic workers (mainly from the
    Philippines, Indonesia, and Bangladesh) worked under clearly outlined
    contracts and reported no complaints against their employers or
    employment agencies, there are regular reports of employers arrested
    for abuse or mistreatment of their domestic workers. The authorities
    fined or imprisoned employers who abused maids. In 2009 the Ministry of
    Manpower collected unpaid wages on behalf of maids in 219 cases.
    Pregnancy is a breach of the standard work permit conditions for
    foreign domestic workers, and the Government may cancel work permits
    and require repatriation of foreign domestic workers who become
    pregnant.
        The Employment Act protects foreign workers such as the many
    employed in the construction industry; however, domestic servants are
    not covered by the act and are not eligible for limited free legal
    assistance from the Government. The NTUC reported that it advocated for
    the rights of all migrant work-permit holders through its Migrant
    Workers' Forum. In addition the Ministry of Manpower offered
    conciliation services for all employees, foreign or local. The Foreign
    Workers Unit of the ministry provided free advisory and mediation
    services to foreign workers experiencing problems with employers. The
    Government allowed complainants to seek legal redress and operated a
    hotline for maids. In 2009 the hotline received approximately 2,193
    calls, 95 percent of which were general inquiries.

                                   __________

                                SOLOMON ISLANDS

        The Solomon Islands is a constitutional multiparty parliamentary
    democracy with a population of approximately 537,000. Parliamentary
    elections held on August 4 were considered generally free and fair,
    although there were incidents of vote buying. On August 24, Parliament
    elected Danny Philip as prime minister. The Regional Assistance Mission
    to the Solomon Islands (RAMSI), a multinational police-centered force
    organized by Australia, arrived in the country in 2003 at the
    Government's invitation to assist in restoring law and order and
    rebuilding the country's institutions following the 1998-2003 violent
    conflict between the Malaitan and Guadalcanalese ethnic groups. RAMSI
    continued its assistance during the year, and relations between RAMSI
    and the Government remained stable. Security forces reported to
    civilian authorities.
        Human rights problems during the year included lengthy pretrial
    detention, government corruption, and violence and discrimination
    against women.
                            respect for human rights
    Section 1. Respect for the Integrity of the Person, Including Freedom
            From:

        a. Arbitrary or Unlawful Deprivation of Life.--There were no
    reports that the Government or its agents committed arbitrary or
    unlawful killings.

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

        c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
    Punishment.--The law prohibits such practices, and there were no
    confirmed reports of such practices during the year. There were a few
    allegations by detainees that they were mistreated by police during
    questioning, but they often lacked substantiating evidence.
        In November the High Court convicted Member of Parliament (MP) and
    Fisheries Minister Jimmy Lusibaea of unlawful wounding for shooting an
    unconscious man in the knees and of assault on a police officer with a
    pistol butt; the assaults occurred in 2000 following a shootout at a
    nightclub. Lusibaea was the leader of the militant group Malaita Eagle
    Force during the country's 1998-2003 ethnic conflict. The court
    sentenced him to two years and nine months' imprisonment. His appeal of
    the conviction was pending at year's end; the High Court rejected his
    application for release on bail pending the court's consideration of
    the appeal.

        Prison and Detention Center Conditions.--Prison conditions
    generally met international standards.
        At year's end there were 163 convicted prisoners and 102 pretrial
    detainees in the country. Of these, one was female and 12 were
    juveniles.
        Prisoners had reasonable access to visitors and were permitted
    religious observance. Authorities permitted prisoners and detainees to
    submit complaints and request investigation of credible allegations of
    inhumane conditions. Complaints and requests were screened by the
    respective prison commanders. The Professional Standards Unit of the
    Correctional Service and the Office of the Ombudsman investigated
    credible allegations of inhumane conditions and documented the results
    in a publicly accessible manner. The Government, through the judiciary
    and Office of the Ombudsman, investigated and monitored prison
    conditions.
        The Government permitted monitoring visits by independent human
    rights observers, and such visits occurred during the year.
        Although the Office of the Ombudsman has authority to investigate
    complaints of inhumane prison conditions, it does not have specific
    legal authority to consider on its own initiative such matters as
    alternatives to incarceration for nonviolent offenses or improving
    pretrial detention, bail, and recordkeeping procedures.
        The International Committee of the Red Cross (ICRC) had a program
    in place to cover costs for family visits to long-term prisoners from
    other provinces held in Honiara.

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

        Role of the Police and Security Apparatus.--A commissioner, who
    reports to the minister of police, heads the Royal Solomon Islands
    Police (RSIP) force of 1,134 members, including 159 women. This force
    was supported by 310 RAMSI Participating Police Force officers, who
    served in line positions and in logistical and financial support. Peter
    Marshall, a New Zealander, was appointed police commissioner in 2008.
        While the police were more effective under RAMSI, the RSIP
    continued to be weak in investigation and reporting. Police impunity
    was not a serious problem during the year. The police service has an
    inspection unit to monitor police discipline and performance.
        In December 2009 a Honiara probationary police officer, who was
    charged with indecent assault and attempted rape in November 2008, was
    convicted and sentenced to two years' imprisonment. He was discharged
    from the police in 2009.

        Arrest Procedures and Treatment While in Detention.--The law
    provides for a judicial determination of the legality of arrests.
    Detainees generally were informed promptly of the charges against them
    and have the right to counsel. The Public Solicitor's Office provided
    legal assistance to indigent defendants, and detainees had prompt
    access to family members and to counsel. Officials found to have
    violated civil liberties were subject to fines and jail sentences.
    There was a functioning system of bail. However, delays in adjudication
    of the large number of cases before the courts resulted in lengthy
    pretrial detention for some detainees. During the year RAMSI had 10
    legal advisors brought in from Australia, New Zealand, and the Pacific
    islands: four worked with the Office of the Director of Public
    Prosecutions and six worked with the Public Solicitor's Office. The
    advisors helped to build the expertise of the Government's lawyers and
    also contributed to reducing the backlog of cases.

        e. Denial of Fair Public Trial.--The constitution provides for an
    independent judiciary, and the Government generally respected judicial
    independence in practice.

        Trial Procedures.--The law provides for the right to a fair trial,
    and an independent judiciary generally enforced this right.
        Trial procedures normally operated in accordance with British
    common law, with a presumption of innocence, access to attorneys, and
    the rights to access government-held evidence, confront witnesses, and
    appeal convictions. The law extends these rights to all citizens.
    Judges conduct trials and render verdicts; there are no juries. Accused
    persons are entitled to counsel, and an attorney was provided at public
    expense for indigent defendants facing serious criminal charges.

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

        Civil Judicial Procedures and Remedies.--There is an independent
    and impartial judiciary in civil matters; local courts and magistrates'
    courts have civil jurisdiction. In addition, the constitution provides
    that any person whose rights or freedoms have been contravened may
    apply directly to the High Court for redress.

        f. Arbitrary Interference With Privacy, Family, Home, or
    Correspondence.--The constitution prohibits such actions, and the
    Government generally respected these prohibitions in practice.
    Section 2. Respect for Civil Liberties, Including:

        a. Freedom of Speech and Press.--The constitution provides for
    freedom of speech and of the press, and the Government generally
    respected these rights in practice.
        In 2008 RAMSI initiated the Solomon Islands Media Strengthening
    Scheme (SOLMAS), which continued during the year. SOLMAS worked with
    the Media Association of Solomon Islands, the Solomon Islands
    Broadcasting Corporation, and the Department of Communications to
    provide training and technical support to local journalists.

        Internet Freedom.--There were no government restrictions on access
    to the Internet or reports that the Government monitored e-mail or
    Internet chat rooms. Individuals and groups could engage in the
    expression of views via the Internet, including by e-mail. In practice
    cost factors and lack of infrastructure limited public access to the
    Internet. The International Telecommunication Union reported that
    approximately 2 percent of the country's inhabitants used the Internet
    in 2009.

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

        b. Freedom of Peaceful Assembly and Association.--Freedom of
    Assembly.--The constitution provides for freedom of assembly, and the
    Government generally respected this right in practice. Demonstrators
    must obtain permits, which the Government generally granted.

        Freedom of Association.--The constitution provides for freedom of
    association, and the Government generally respected this right in
    practice.

        c. Freedom of Religion.--For a complete description of religious
    freedom, please see the 2010 International Religious Freedom Report at
    www.state.gov/drl/irf/rpt.

        d. Freedom of Movement, Internally Displaced Persons, Protection of
    Refugees, and Stateless Persons.--The constitution provides for freedom
    of movement within the country, foreign travel, emigration, and
    repatriation, and the Government generally respected these rights in
    practice. The Government cooperated with the Office of the UN High
    Commissioner for Refugees and other humanitarian organizations in
    providing protection and assistance to internally displaced persons,
    refugees, returning refugees, asylum seekers, stateless persons, and
    other persons of concern.
        The law prohibits forced exile, and the Government did not use it.
    Native-born citizens may not be deprived of citizenship on any grounds.

        Protection of Refugees.--The country's laws do not provide for the
    granting of asylum or refugee status, and the Government has not
    established a system for providing protection to refugees. The
    Government did not grant refugee status or asylum during the year. In
    practice the Government provided protection against the expulsion or
    return of refugees to countries where their lives or freedom would be
    threatened on account of their race, religion, nationality, membership
    in a particular social group, or political opinion.
    Section 3. Respect for Political Rights: The Right of Citizens to
            Change Their Government
        The constitution provides citizens the right to change their
    government peacefully, and citizens exercised this right in practice
    through periodic, free, and fair elections held on the basis of
    universal suffrage.

        Elections and Political Participation.--The August 4 national
    parliamentary elections were regarded as generally free and fair,
    although there was evidence of vote buying. On August 24, Parliament
    elected Danny Philip as prime minister.
        Political parties could operate without restriction, but they were
    institutionally weak, with frequent shifts in political coalitions and
    unstable parliamentary majorities.
        Male dominance in government limited the role of women. There were
    no women in the 50-member Parliament. The five women who served as
    permanent secretaries in the previous Sikua government continued in
    their roles with the new Philip government. Unlike in 2009, there were
    no female judges on the High Court.
        There was one minority (non-Melanesian) MP.
    Section 4. Official Corruption and Government Transparency
        The law provides criminal penalties for official corruption;
    however, the Government did not implement the law effectively, and
    officials often engaged in corrupt practices with impunity. Government
    corruption and impunity in both the executive and legislative branches
    continued to be serious problems.
        Police corruption was not a serious problem during the year.
    However, some observers criticized the police as more loyal to their
    respective ethnic group, or wantok (extended family), than to the
    country as a whole.
        Public officials were subject to financial disclosure laws under
    the leadership code of conduct. The Office of the Leadership Code
    Commission (LCC) investigates matters of misconduct involving MPs or
    senior civil servants. If the LCC finds that there is conclusive
    evidence of misconduct, it sends the matter to the Department of Public
    Prosecution, which may then proceed with legal charges. The LCC
    chairman and two part-time commissioners make up a tribunal that has
    the power to screen certain cases of misconduct and apply fines of up
    to SI$5,000 (approximately $665) on MPs or senior civil servants. The
    Office of the Ombudsman is responsible for investigating public
    complaints of government maladministration.
        In March the auditor general ordered the Agricultural and Livestock
    Department to account for its management of a 2007 SI$10 million
    (approximately $1.3 million) cattle-funding project, calling the
    department's management records ``abysmal'' and citing a number of
    omissions and irregularities in the department's records. The auditor
    general also stated that an MP pressured department staff to allocate
    and pay funds to cattle farmers in his particular constituency.
        MP Peter Shanel, who served a nine-month jail sentence following
    his 2008 conviction for unlawful wounding and possession of an unlawful
    weapon in a restricted area, was reelected to Parliament in the August
    elections and was appointed minister for foreign affairs and external
    trade.
        At year's end no further information was available on the status of
    the LCC investigation begun in 2008 into 16 MPs from the National
    Alliance Party of Solomon Islands (NAPSI) for accepting SI$50,000
    (approximately $6,655) in loans from Bobo Dettke, a prominent Honiara
    businessman and founder of NAPSI.
        Former prime minister and former MP Sir Allan Kemakeza's appeal of
    his 2007 conviction for intimidation, larceny, and demanding money with
    menace was discontinued in 2009; he was not reelected to Parliament in
    the August election.
        On June 6, a former East Honiara MP and a former cabinet minister
    were convicted after a High Court retrial on charges lodged in 2004 and
    2005, respectively, of official corruption involving the granting of
    certificates of naturalization to Chinese nationals. They appealed, and
    on October 8, the Court of Appeals overturned the convictions.
        No law provides for public access to government information. In
    practice the Government generally was responsive to inquiries from the
    media during the year.
    Section 5. Governmental Attitude Regarding International and
            Nongovernmental Investigation of Alleged Violations of Human
            Rights
        A number of domestic and international human rights groups
    generally operated without government restriction, investigating and
    publishing their findings on human rights cases. Government officials
    were somewhat cooperative and responsive to their views.
        The Guadalcanal Peace Building and Reconciliation Committee (GPRC)
    was formed in 2007 to plan the reconciliation and peace process on
    Guadalcanal. The GPRC has 15 members appointed by the Ministry for
    National Unity, Reconciliation, and Peace (MNURP). Together with the
    Malaita Peace and Reconciliation Committee, the GPRC planned and
    coordinated peace and reconciliation activities in consultation with
    the MNURP. Since the establishment of the two committees, work plans
    were produced and some key activities were implemented, including
    provincial and community consultations and dialogue forums, and the
    establishment of task forces on Marau and Guadalcanal Province
    reconciliation, RSIP and Guadalcanal Provincial Government (GPG)
    reconciliation, and national government and GPG reconciliation. In 2009
    the MNURP also recruited a number of peace mediators from local
    communities on short-term contracts as part of the ministry's
    continuing work in strengthening the peace-building capacity of
    existing structures.
        The Government cooperated with international governmental
    organizations and permitted visits by UN representatives and other
    organizations. There were a number of visits from UN representatives
    during the year; however, no public reports were released.
        The constitution provides for an ombudsman, with the power to
    subpoena and to investigate complaints of official abuse, mistreatment,
    or unfair treatment. While the ombudsman's office has potentially far-
    ranging powers and operated without governmental or political party
    interference during the year, it was limited by a shortage of
    resources.
        In 2009 the Guadalcanal Truth and Reconciliation Commission (TRC)
    was launched by South African Nobel Peace Prize winner Bishop Desmond
    Tutu. The commission is an independent body comprising three national
    and two international commissioners. It was established to hear
    accounts of violence and abuse experienced by thousands of citizens
    during the 1998-2003 period of ethnic violence between Malaitans and
    Guadalcanalese and provide a forum for victims and perpetrators to
    speak about the causes and impact of that violence. During the year
    stakeholder workshops were held in Malaita, Guadalcanal, and Gizo; a
    national public hearing was held in March in Honiara; and five regional
    public hearings were held in other provinces. Closed hearings were held
    for cases of particular sensitivity, including those involving the RSIP
    Voluntary Early Retirement Scheme for officers who had participated in
    the ethnic conflict. In December the Government granted a one-year
    extension to the TRC to enable it to fulfill its mandate. At year's end
    the Government had not provided to the TRC SI$5 million (approximately
    $665,500) in development funds that was promised and committed in 2009;
    however, the Government continued to provide other regular funding for
    staffing and leasing of premises. At year's end the TRC continued
    negotiating with the MINURP to provide the development funds.
    Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
        The constitution provides that no person--regardless of race, place
    of origin, color, or disability--shall be treated in a discriminatory
    manner with respect to access to public places. The constitution
    further prohibits any laws that would have discriminatory effects and
    provides that no person should be treated in a discriminatory manner by
    anyone acting in an official capacity. Despite constitutional and legal
    protections, women remained the victims of discrimination in the male-
    dominated society. Unemployment remained high, and there were limited
    job opportunities for persons with disabilities.

        Women.--Violence against women, including rape and domestic abuse,
    remained a serious problem. Among the reasons cited for the failure to
    report many incidents of abuse were pressure from male relatives, fear
    of reprisals, feelings of shame, and cultural taboos on discussion of
    such matters.
        The maximum penalty for rape is life imprisonment. Spousal rape is
    not a crime. As part of the police curriculum, officers received
    specialized training on how to work with rape victims. The police have
    a Sexual Assault Unit, staffed mostly by female officers, to combat the
    problem.
        The law does not specifically address domestic violence; however,
    there are provisions against common assault. Although statistics were
    unavailable, incidents of domestic violence appeared to be common. The
    police commissioner confirmed that, as in 2009, domestic violence
    complaints were received almost every week. However, in the cases of
    domestic abuse that were reported, victims often dropped charges before
    the court appearance, or the case was settled out of court. According
    to the police commissioner, in cases in which charges were filed, the
    time lapse between the charging of an individual and the subsequent
    court hearing may be as long as two years. The magistrates' courts
    dealt with physical abuse of women as with any other assault, but
    prosecutions were rare. Nongovernmental organizations (NGOs) conducted
    awareness campaigns on family violence during the year. The Family
    Support Center and a church-run facility for abused women provided
    counseling and other support services for women. The Family Support
    Center did not have an in-house lawyer and depended heavily on the
    Public Solicitor's Office for legal assistance for its clients.
        Sexual harassment is not illegal and was a widespread problem.
        Couples and individuals have the right to decide freely and
    responsibly the number, spacing, and timing of their children.
    Contraception and adequate prenatal, obstetric, and postnatal care were
    accessible at all government hospitals and rural health clinics, and
    all nurses were trained to provide family planning services. According
    to indicators published by the Population Reference Bureau, an
    estimated 35 percent of married women ages 15-49 used some form of
    contraception and an estimated 27 percent used modern contraceptive
    methods. According a UN report entitled Trends in Maternal Mortality,
    1990-2008, the country's estimated maternal mortality was 100 deaths
    per 100,000 live births. An estimated 86 percent of births were
    attended by skilled health personnel. Women and men had equal access to
    diagnosis and treatment of sexually transmitted infections, including
    HIV.
        The law accords women equal legal rights, including the right to
    own property. However, most women were limited to customary family
    roles, and this situation prevented women from taking more active roles
    in economic and political life. A shortage of jobs also inhibited the
    entry of women into the work force. Women who were employed were
    predominantly engaged in low-paying and low-skilled jobs.
        The Solomon Islands National Council of Women and other NGOs
    attempted to make women more aware of their legal rights, including
    voting rights, through seminars, workshops, and other activities. The
    Government's Women's Development Division within the Ministry of Women,
    Youth, and Children's Affairs also addressed women's issues.

        Children.--Citizenship is acquired through one's parents. The
    country's laws do not allow dual citizenship for adults, and persons
    who acquire dual citizenship at birth must decide by age 18 which
    citizenship they wish to retain. Births frequently were not registered
    immediately due to lack of infrastructure, but the delays did not
    result in denial of public services to children.
        During the year major foreign assistance continued to bolster the
    educational system, but education was not compulsory, and the high cost
    of school fees severely limited attendance at secondary and higher
    institutions. In 2009 the Government implemented a new education policy
    that abolished school fees up to the form three (high school) level. A
    sample survey released by the Government in September 2009 found that
    since implementation of the policy, primary school enrollment increased
    6 percent, and secondary school enrollment increased 4.8 percent.
    School attendance rates were lower for girls than for boys, and the
    dropout rate was higher for girls.
        The law grants children the same general rights and protections as
    adults. There are laws designed to protect children from sexual abuse,
    child labor, and neglect, but few resources were provided to enforce
    the law. Child sexual and physical abuse remained significant problems,
    according to the coordinator of the Family Support Center in Honiara.
    However, children generally were respected and protected within the
    traditional extended family system, in accordance with a family's
    financial resources and access to services. Virtually no children were
    homeless or abandoned.
        Both boys and girls may legally marry at age 15, and the law
    permits marriage at age 14 with parental and village consent, but
    marriage at such young ages did not appear to be common.
        There were some anecdotal reports of children involved in
    prostitution.
        The minimum age for consensual sex is 15. The maximum penalty for
    sexual relations with a girl under age 13 is life imprisonment, and for
    sexual relations with a girl above age 12 but under age 15, it is five
    years' imprisonment. Consent is not a permissible defense under either
    of these provisions; however, in the latter case, reasonable belief
    that the victim was 15 or older is a permissible defense. Child
    pornography is illegal, with a maximum penalty of 10 years'
    imprisonment. However, there were reports of use of children in the
    production of pornography.
        The country is not a party to the 1980 Hague Convention on the
    Civil Aspects of International Child Abduction. For information on
    international parental child abduction, please see the Department of
    State's annual report on compliance at http://travel.state.gov/
    abduction/resources/congressreport/congressreport--4308.html.

        Anti-Semitism.--The Jewish community was very small, and there were
    no reports of anti-Semitic acts.

        Trafficking in Persons.--In 2009 there were no confirmed reports
    that persons were trafficked to, from, or within the country.

        Persons With Disabilities.--There is no law or national policy on
    persons with physical, sensory, intellectual, or mental disabilities,
    and no legislation mandates access to buildings for such individuals.
    In practice very few buildings were accessible to persons with
    disabilities. There were no special accommodations for persons with
    disabilities to ensure access to information and communications. Their
    protection and care were left to the extended family and NGOs. The
    country had one educational facility for children with disabilities,
    which was supported almost entirely by the ICRC. A disability center in
    Honiara assisted persons with disabilities in finding employment;
    however, with high unemployment countrywide and few jobs available in
    the formal sector, most persons with disabilities, particularly those
    in rural areas, did not find work outside of the family structure.
        Persons with mental disabilities were cared for within the family
    structure; there were very limited government facilities for such
    persons. The Kilufi Hospital in Malaita operated a 10-bed ward for the
    treatment of psychiatric patients. A psychiatrist resident in Honiara
    ran a clinic at the National Referral Hospital.
        The Ministry of Home Affairs is responsible for protecting the
    rights of persons with disabilities.

        National/Racial/Ethnic Minorities.--The country comprises more than
    27 islands with approximately 70 language groups. Many islanders see
    themselves first as members of a clan, next as inhabitants of their
    natal island, and only third as citizens of their nation. Tensions and
    resentment between the Guadalcanalese and the Malaitans on Guadalcanal
    culminated in violence beginning in 1998. The presence of RAMSI greatly
    reduced ethnic tension between the two groups, and the Peace and
    Reconciliation Ministry organized reconciliation ceremonies. However,
    underlying problems between the two groups remained, including issues
    related to jobs and land rights.
        On November 29, rioting broke out in Honiara following the
    conviction and sentencing of Fisheries Minister and former militant
    leader Jimmy Lusibaea on assault charges (see section 1.c.); gangs of
    youths attempted to break into and loot Chinese businesses. Police
    contained the violence and arrested 37 persons. Police attributed the
    violence to opportunism rather than racial or political motives.

        Societal Abuses, Discrimination, and Acts of Violence Based on
    Sexual Orientation and Gender Identity.--Sodomy is illegal, as are
    ``indecent practices between persons of the same sex.'' The maximum
    penalty for the former is 14 years' imprisonment and for the latter
    five years. However, there were no reports of prosecutions directed at
    lesbian, gay, bisexual, or transgender persons under these provisions
    during the year. There were no reports of violence or discrimination
    against persons on the basis of sexual orientation or gender identity.

        Other Societal Violence or Discrimination.--There was societal
    stigma toward persons with HIV/AIDS, but there were no specific reports
    of disownment by families as reported in the past and no reports of
    violence targeting persons with HIV/AIDS.
    Section 7. Worker Rights

        a. The Right of Association.--The constitution implicitly
    recognizes the right of workers to form or join unions, to choose their
    own representatives, to determine and pursue their own views and
    policies, and to engage in political activities. The courts have
    confirmed these rights, and workers exercised them in practice. Only an
    estimated 10 percent of the population participated in the formal
    sector of the economy. According to the president of the Council of
    Trade Unions (CTU), approximately 35 percent of the total workforce was
    employed in the public sector and 65 percent in the private sector, and
    55 percent of employees in the public sector and 25 percent of those in
    the private sector were organized.
        The law protects workers against antiunion activity, and there were
    no areas where union activity was officially discouraged.
        The law permits strikes in both the public and private sectors.
    Advance notice to the Government is required for strikes to be legal.
    Private-sector disputes usually were referred quickly to the Trade
    Disputes Panel (TDP) for arbitration, either before or during a strike.
    In practice the small percentage of the work force in formal employment
    meant that employers had ample replacement workers if disputes were not
    resolved quickly. However, employees are protected from arbitrary
    dismissal or lockout while the TDP is deliberating.
        In January the Government paid the remaining seven percent of an
    increase in the cost of living allowance for public employees that the
    TDP had prescribed in 2009 following a strike by the Solomon Islands
    Public Employees Union (SIPEU). The Government had made an initial
    payment of 4.5 percent in 2009.
        Also in 2009, following the SIPEU strike, the Government issued an
    official notice prohibiting strikes by civil servants in essential
    services. There were procedures in place designed to ensure these
    workers due process and protect their rights.
        In 2009 the Government appointed a commission of inquiry (COI) to
    examine the longstanding standoff between the Solomon Islands National
    Union of Workers and the Russell Islands Plantation Estate. In June,
    however, the COI was discontinued due to lack of funds and inability of
    the chairman, a retired Australian judge, to continue to serve. At
    year's end no report was issued, and the Government was planning to
    form a working group to negotiate with union members, villagers, and
    company management to resolve the dispute.

        b. The Right to Organize and Bargain Collectively.--The law
    provides for the right to organize and bargain collectively, and unions
    exercised these rights in practice. Wages and conditions of employment
    were determined by collective bargaining, usually at the level of
    individual firms. According to the president of the CTU, a number of
    collective bargaining agreements were reached or renewed during the
    year. The CTU president also reported that nearly all workers in the
    public sector and approximately 80 percent of workers in the private
    sector were covered by collective bargaining agreements.
        Disputes between labor and management that cannot be settled
    between the two sides are referred to the TDP for arbitration. The
    three-member TDP, composed of a chairman appointed by the judiciary, a
    labor representative, and a business representative, is independent and
    neutral.
        There are no export processing zones.

        c. Prohibition of Forced or Compulsory Labor.--The constitution
    prohibits forced or compulsory labor, except as part of a court
    sentence or order; however, the law contains no penalties for
    violators. There were unconfirmed reports of forced domestic servitude
    and persons forced to work in logging camps.

        d. Prohibition of Child Labor and Minimum Age for Employment.--The
    law forbids labor by children under age 12, except light agricultural
    or domestic work performed in the company of parents or other labor
    approved by the commissioner of labor. Children under age 15 are barred
    from work in industry or on ships, except aboard training ships for
    educational purposes; those under age 18 may not work underground in
    mines, or at night in any industry. The commissioner of labor is
    responsible for enforcing child labor laws, but few resources were
    devoted to investigating child labor cases. Given low wages and high
    unemployment, there was little incentive to employ child labor in the
    formal wage economy; however, there were reports of children working as
    cooks and performing other tasks in logging camps, where conditions
    often were poor. There also were reports of children working in
    subsistence agriculture and other family-run enterprises.

        e. Acceptable Conditions of Work.--The minimum wage was SI$4.00
    (approximately $0.53) per hour for all workers except those in the
    fishing and agricultural sectors, who received SI$3.50 (approximately
    $0.47). The legal minimum wage did not provide a decent standard of
    living for an urban family living entirely on the cash economy.
    However, most families were not dependent solely on wages for their
    livelihoods.
        The law regulates premium pay, sick leave, the right to paid
    vacations, and other conditions of service. The standard workweek is 45
    hours and is limited to six days per week. There are provisions for
    maternity leave and for premium pay for overtime and holiday work.
        Both an active labor movement and an independent judiciary provided
    enforcement of labor laws in major state and private enterprises. The
    commissioner of labor, the public prosecutor, and police are
    responsible for enforcing labor laws; however, they usually reacted to
    complaints rather than routinely monitoring adherence to the law. The
    extent to which the law was enforced in smaller establishments and in
    the subsistence sector was unclear.
        Safety and health laws appeared to be adequate. The Safety at Work
    Act requires employers to provide a safe working environment and
    forbids retribution against an employee who seeks protection under
    labor regulations or removes himself from a hazardous job site. Laws on
    working conditions and safety standards apply equally to foreign
    workers and citizens. However, according to the president of the CTU,
    during the year there were numerous violations of the occupational
    safety and health laws, and the authorities did not effectively enforce
    safety and health law provisions.

                                   __________

                                     TAIWAN

        Taiwan's population of 23 million is governed by a president and
    parliament chosen in multiparty elections. International observers
    considered the January 2008 legislative elections and the March 2008
    presidential election, which Ma Ying-jeou of the Kuomintang Party (KMT)
    won, free and fair. Security forces reported to civilian authorities.
        Principal human rights problems reported were corruption, violence
    and discrimination against women and children, trafficking in persons,
    and abuses of foreign workers.
                            respect for human rights
    Section 1. Respect for the Integrity of the Person, Including Freedom
            From:

        a. Arbitrary or Unlawful Deprivation of Life.--There were no
    reports that the authorities committed arbitrary or unlawful killings.

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

        c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
    Punishment.--The constitution stipulates that no violence, threat,
    inducement, fraud, or other improper means should be used against
    accused persons, and there were no reports that the authorities
    employed them.

        Prison and Detention Center Conditions.--Prison and detention
    center conditions generally met international standards, and the
    authorities permitted visits by independent human rights observers. As
    of December there were 57,088 adults (52,367 men and 4,721 women) and
    fewer than 1,000 juveniles imprisoned, and prisons operated at 119.6
    percent of design capacity.
        All prisoners and detainees have access to visitors. During the
    active investigation phase of their cases, a small number of detainees,
    on a court order, may be deprived of the right to have visitors. All
    prisoners and detainees are permitted religious observance. Prisoners
    are able to meet with religious leaders, who visit on a regular basis,
    and may request additional meetings with religious leaders as well.
        Authorities permit prisoners and detainees to submit complaints to
    judicial authorities without censorship, although in practice all
    correspondence is screened entering and leaving the facilities.
        When a prisoner makes allegations of inhumane conditions, prison
    authorities investigate the claims and release the results of their
    investigation to the judicial authorities and occasionally to the
    press. Authorities investigate and monitor prison and detention center
    conditions.

        d. Arbitrary Arrest or Detention.--The constitution prohibits
    arbitrary arrest and detention, and the authorities generally observed
    these prohibitions.

        Role of the Police and Security Apparatus.--The National Police
    Administration (NPA) of the Ministry of Interior (MOI) has
    administrative jurisdiction over all police units, although city mayors
    and county magistrates appoint city and county police commissioners.
    Mayors and magistrates are responsible for maintaining order and
    assessing the performance of police commissioners within their
    jurisdictions.
        Prosecutors and the Control Yuan are responsible for investigating
    allegations of police malfeasance. The NPA also has an inspector
    general and an internal affairs division that investigates allegations
    of police misconduct. Police officers and senior officials suspected of
    corruption and other misbehavior were prosecuted and punished upon
    conviction.

        Arrest Procedures and Treatment While in Detention.--A warrant or
    summons is required by law, except when there is ample reason to
    believe the suspect may flee, or in urgent circumstances. Indicted
    persons may be released on bail at judicial discretion. By law
    prosecutors must apply to the courts within 24 hours after arrest for
    permission to continue detaining an arrestee. The authorities generally
    observed these procedures, and trials usually took place within three
    months of indictment. According to the Code of Criminal Procedure,
    prosecutors may apply to a court for approval of a pretrial detention
    of an unindicted suspect for a maximum of two months, with one possible
    two-month extension. Judicial reform advocates have urged limiting
    pretrial detention to better protect defendants' rights. Pretrial
    detention may be requested in cases where the potential sentence is
    five years or more and where there is a reasonable concern that the
    suspect could flee, collude with other suspects or witnesses, or tamper
    or destroy material evidence.
        Human rights advocates complained that the law did not provide
    adequate protection, since there is no requirement that suspects have
    legal representation during questioning. The Judicial Yuan (JY) and the
    NPA operated a program to provide legal counsel during initial police
    questioning to qualifying indigent suspects who are mentally
    handicapped or charged with a crime punishable by three or more years
    in prison. Lawyers recruited by the Legal Aid Foundation staffed 21
    branch offices that serviced 23 cities and counties around the island.
    Fifty police subbureaus, one-third of the island's 158 subbureaus, were
    implementing the program. Detained persons may request such assistance
    in all of the island's subbureaus. Human rights lawyers contended that
    while courts were required to appoint counsel after an indictment was
    filed, the existing Criminal Procedure Code did not specify what
    lawyers could do to protect the rights of indigent criminal suspects
    during initial police questioning. The program has enjoyed some
    success, but some groups argued that police need more on-the-job
    training and police facilities should be improved to accommodate
    lawyers in their initial questioning of suspects. More than half of the
    island's 5,000 lawyers have participated in this program.
        Beginning May 2009, authorities implemented the January 2009
    Constitutional Court interpretation declaring that prison authorities
    could no longer tape or monitor nor provide to prosecutors discussions
    between defense counsel and their clients.

        e. Denial of Fair Public Trial.--The constitution provides for an
    independent judiciary, and the authorities generally respected judicial
    independence in practice. Although the authorities made efforts to
    eliminate corruption and to diminish political influence in the
    judiciary, some residual problems remained. During the year judicial
    reform advocates pressed for greater public accountability, reforms of
    the personnel system, and other procedural reforms. Some political
    commentators and academics also publicly questioned the impartiality of
    judges and prosecutors involved in high-profile and politically
    sensitive cases.
        Former president Chen Shui-bian and his wife, who were indicted in
    2008 on corruption charges, were found guilty and sentenced to life in
    prison in September 2009. Chen appealed the verdict and on June 10, the
    Taiwan High Court reduced Chen's prison term to 20 years. The Chen
    trial heightened scrutiny of issues such as pre-indictment and pretrial
    detention, prosecutorial leaks, other possible prosecutorial
    misconduct, and transparency in judicial procedures. In October 2009
    the Constitutional Court upheld the constitutionality of judicial
    procedures used by the Taipei District Court in the Chen case.

        Trial Procedures.--The constitution establishes the right to a fair
    trial, and an independent judiciary generally enforced this right.
    Judges, rather than juries, decided cases; all judges were appointed by
    and were responsible to the JY. A single judge, rather than a defense
    attorney or prosecutor, typically interrogated parties and witnesses.
        Trials are public, although court permission may be required to
    attend trials involving juveniles or potentially sensitive issues that
    might attract crowds. A defendant's access to evidence held by the
    prosecution is determined by the presiding judge on a case-by-case
    basis. All defendants are presumed innocent until proven guilty and
    have the right to an attorney, and criminal procedure rights are
    extended to all persons without limitation.
        The law states that a suspect may not be compelled to testify and
    that a confession shall not be the sole evidence used to find a
    defendant guilty. All convicted persons have the right to appeal to the
    next higher court level. Persons sentenced to terms of imprisonment of
    three years or more may appeal beyond that level. The Supreme Court
    automatically reviews life imprisonment and death sentences. It is
    unconstitutional to allow the confessions of accomplices to be the only
    evidence to convict a defendant.

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

        Civil Judicial Procedures and Remedies.--There is an independent
    and impartial judiciary for civil matters. Administrative remedies are
    available in addition to judicial remedies for alleged wrongs,
    including human rights violations.

        f. Arbitrary Interference With Privacy, Family, Home, or
    Correspondence.--The constitution prohibits such actions, and the
    authorities generally respected these prohibitions in practice.
    Section 2. Respect for Civil Liberties, Including:

        a. Freedom of Speech and Press.--The constitution provides for
    freedom of speech and of the press, and the authorities generally
    respected these rights in practice.
        There was a vigorous and active free press. Critics alleged that
    the authorities increased their placement of advertisements packaged as
    news reports and programs in local newspapers and television. They said
    the placement deterred a few media outlets from criticizing the
    authorities. The authorities denied using advertising revenue to
    manipulate the media.
        In September the Public Television Service (PTS) Foundation board
    fired PTS President Sylvia Feng. She then alleged the Taiwan
    authorities were interfering in the operations of PTS. PTS is a part of
    the Taiwan Broadcasting System (TBS), which is funded principally by
    the authorities. In January 2009, 3,000 persons gathered outside the
    Legislative Yuan (LY) to protest the legislature's freeze on TBS's
    budget and alleged political interference in the operation of TBS.
        In September the National Communications Commission (NCC) rejected,
    for the second time, applications from Next TV (a unit of Next Media
    Group) to launch news, information, and entertainment channels on
    cable, although it approved Next TV's applications for a sports and a
    movie channel. The NCC said the proposed programming on the three
    rejected channels was more or less the same and questioned the
    necessity of the additional channels. The NCC also expressed concern
    that Next TV's plan to include animated news, which presents events in
    ``drama'' format, did not meet the standards of professional
    journalism. Next TV accused the NCC of suppressing freedom of speech
    and stifling creativity. Next TV said its animated news program had won
    praise for its innovative format.
        In November 2009, the Taipei City Government fined Apple Daily,
    also a part of the Next Media Group, a total of NT$1 million
    (approximately $35,710) for using animation on its Web site to
    reconstruct and illustrate stories of rape, sexual assault, and
    violence that appeared in the newspaper. The city government also
    barred primary and middle schools in the city from subscribing to Apple
    Daily and added that anyone wishing to borrow Apple Daily from Taipei
    public libraries must provide identification proving they were 18 years
    or older. At year's end the ban remained in effect. Taipei Mayor Hau
    Lung-bin said he respected press freedom but would do what was
    necessary to comply with the Child Welfare Law.
        A total of 26 journalists from 10 People's Republic of China (PRC)
    news outlets had journalists based in Taiwan.

        Internet Freedom.--There were no official restrictions on access to
    the Internet, and individuals and groups could engage in the expression
    of views via the Internet, including by e-mail. According to
    International Telecommunication Union statistics, approximately 70.1
    percent of the population used the Internet.
        Several nongovernmental organizations (NGOs) reported that law
    enforcement officials monitored Internet chat rooms and bulletin boards
    and used Internet addresses to identify and prosecute adults
    responsible for posting sexually suggestive messages; one leading NGO
    noted a decrease in such monitoring. Critics alleged the Child and
    Youth Sexual Transaction Prevention Act (CYSTPA), which is intended to
    protect children from sexual predators, was used to punish
    constitutionally protected free speech between consenting adults. In
    response to a request by persons opposed to this use of the CYSTPA, the
    Constitutional Court looked at the issue and ruled in favor of the law
    enforcement officials' actions. The court noted that the constitutional
    guarantee to free speech is not absolute and may be subject to
    reasonable restrictions intended to preserve a significant public
    interest--in this case, ``to deter and eliminate cases where children
    or juveniles become objects of sexual transaction.''

        Academic Freedom and Cultural Events.--There were no restrictions
    on academic freedom.

        b. Freedom of Peaceful Assembly and Association.--Freedom of
    Assembly.--Opposition-party legislators and human rights NGOs claimed
    that the Assembly and Parade Law unconstitutionally restricted free
    speech and assembly, and called for it to be amended or abolished. They
    claimed that the law unfairly disadvantaged smaller organizations and
    was selectively enforced. The Taiwan Association for Human Rights and
    more than a dozen other civic groups formed an alliance to advocate
    removing restrictions on street protest demonstrations and eliminating
    the requirement to apply to police for permission to hold a
    demonstration.
        In May 2009 the authorities charged two professors alleged to be
    organizers of the 2008 ``Wild Strawberry'' student movement
    demonstrations for failing to obtain permits in violation of the
    Assembly and Parade Law. On September 9, the Taipei District Court
    deferred the trial of one of the defendants in the case and requested a
    ruling by the Constitutional Court on the Assembly and Parade Law. In
    2009 Taiwan courts convicted three individuals of violations of the law
    in separate cases. The courts sentenced two to prison terms of less
    than two months and fined one. During the year authorities did not
    charge anyone with violations of the assembly law.

        Freedom of Association.--The law provides this right, and the
    authorities generally respected it in practice.

        c. Freedom of Religion.--For a complete description of religious
    freedom, see the 2010 International Religious Freedom Report at
    www.state.gov/g/drl/irf/rpt

        d. Freedom of Movement, Internally Displaced Persons, Protection of
    Refugees, and Stateless Persons.--The constitution provides for freedom
    of movement within Taiwan, foreign travel, emigration, and
    repatriation, and the authorities generally respected these rights in
    practice.
        All travelers from the PRC are required to have invitations from
    sponsors and are subject to approval by the Mainland Affairs Council.
    PRC tourists must travel in groups and stay at designated hotels. PRC
    tour groups must be chaperoned by a Taiwan travel agency, which is
    required to post a NT$1 million (approximately $35,710) bond in order
    to receive PRC tour groups. The bond can be partially or entirely
    forfeited if any tour group member is involved in legal problems or is
    reported missing. The Tourism Bureau must be notified in advance of any
    change to a tour group itinerary.
        The law does not provide for forced exile, and it was not
    practiced.

        Protection of Refugees.--Because of its international status,
    Taiwan is unable to be a party to the 1951 UN Convention relating to
    the Status of Refugees or its 1967 protocol; its law does not provide
    for the granting of asylum or refugee status. All PRC citizens
    unlawfully present are required by law to be returned to the PRC. At
    year's end there were eight PRC nationals on Taiwan seeking asylum
    elsewhere.
        Throughout the year the authorities repatriated undocumented
    immigrants to their countries of origin. According to the MOI, the
    total number of undocumented PRC immigrants deported to the mainland
    declined from 365 in 2008 to 236 in 2009 and to 90 in 2010. As of
    November 66 undocumented PRC immigrants were awaiting deportation. For
    the first eight months of the year, the average detention for PRC
    undocumented immigrants lasted 81 days. There were 1,159 non-PRC
    undocumented aliens (including 504 men and 655 women) awaiting
    deportation. Their average waiting time was 37.7 days.
        In January 2009 a group of more than 100 ethnic Tibetans ended a
    24-day sit-in seeking legal status in Taiwan. The Tibetans entered
    Taiwan at different times since 2002 and overstayed their temporary
    visas. In January 2009 the LY passed amendments to the Immigration Act
    allowing Tibetans who overstay their visas to apply for residency
    certificates, and since then more than 100 ethnic Tibetans have gained
    legal residency.
    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 January 2008 the
    Kuomintang Party (KMT) won a significant majority in the LY following
    the implementation of a new single-member-district electoral system.
    Two months later the KMT presidential candidate Ma Ying-jeou won the
    presidency, marking the second peaceful, democratic transfer of power
    in Taiwan's history. Observers regarded the elections as free and fair.
        Political parties operated without restriction or outside
    interference.
        There were 33 women in the 113-member LY. Eight of the 48 Executive
    Yuan (cabinet) members were women. The mayor of Kaohsiung, the island's
    second largest city, was a woman. Two of the 15 Constitutional Court
    justices were women. At least half of the at-large seats won by a
    political party were required to be filled by women.
        Representatives of the indigenous population participated in most
    levels of the political system. They held six reserved seats in the LY,
    half of which were elected by plains tribes and half by mountain
    tribes. Indigenous persons accounted for approximately 2 percent of the
    population; their allocation of legislative seats was more than double
    their proportion of the population.
    Section 4. Official Corruption and Government Transparency
        The law provides criminal penalties for official corruption, and
    the authorities generally implemented these laws effectively. There
    were allegations of official corruption during the year.
        In June the Taipei High Court upheld the conviction of former
    president Chen Shui-bian and his wife Wu Shu-jen for corruption, money
    laundering, forgery, and embezzlement but reduced the sentences from
    life to twenty years in prison. Chen remained in custody while he
    appealed his high court conviction.
        Over the past two years, the courts have convicted four KMT
    legislators and one People First Party legislator of vote buying. On
    September 8, Taipei courts also convicted two incumbent KMT lawmakers
    and six former Democratic Progressive Party lawmakers of corruption and
    sentenced them to jail terms ranging from four to 10 years.
        In April 2009 the LY amended the Act for the Punishment of
    Corruption to allow criminal charges against civil servants who fail to
    account for the origins of abnormal increases in their assets. All
    public servants are subject to the Public Servants' Property
    Declaration Law.
        The Ministry of Justice (MOJ) is in charge of combating official
    corruption.
        Police corruption, while limited, was a problem. The NPA did not
    keep statistics on police corruption cases. In June nine ranking police
    officers in Taipei City were indicted for taking bribes from organized
    crime figures. The prosecutors recommended sentences ranging from 11 to
    20 years in jail. In August the director of a police station in Hualien
    County was sentenced to 13 years in jail for taking bribes from an
    illegal gravel business. Another two police officers involved in the
    case were sentenced to 31 months and 64 months, respectively.
        In September a former police officer in Taipei County was sentenced
    to 10 and a half years in jail for taking bribes from a human-
    trafficking ring to extend the residence permits of Vietnamese victims.
    In October 2009 three police officers in Taipei County were indicted
    for receiving bribes amounting to NT$23 million (approximately
    $821,400) from brothels. The prosecutor recommended a prison term of 13
    years and six months for the main suspect. At year's end the trial was
    ongoing. From January to November, prosecutors indicted 1,123 persons
    on various corruption charges, including 68 senior officials
    (department director level and above) and 33 elected officials.
        The Access to Government Information Law stipulates that all such
    information be made available to the public upon request, except
    national secrets, professional secrets, personal information, and
    protected intellectual property. The law provides that registered
    citizens, companies, and groups can submit information requests and can
    appeal denied requests. These privileges are extended on a reciprocal
    basis to citizens of foreign countries.
    Section 5. Governmental Attitude Regarding International and
            Nongovernmental Investigation of Alleged Violations of Human
            Rights
        A wide variety of domestic and international human rights groups
    generally operated without restriction, investigating and publishing
    their findings on human rights cases. The authorities often were
    cooperative and responsive to their views.
    Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
        The constitution provides for equality of citizens before the law
    irrespective of sex, religion, race, class, or party affiliation. It
    also provides for the rights of persons with disabilities. The
    authorities enforced these provisions effectively.

        Women.--Violence against women, including rape and domestic
    violence, remained a serious problem. Rape, including spousal rape, is
    a crime. Because victims were socially stigmatized, many did not report
    the crime, and the MOI estimated that the total number of sexual
    assaults was 10 times the number reported to the police.
        The law provides protection for rape victims. Rape trials are not
    open to the public, unless the victim consents. The law permits a
    charge of rape without requiring the victim to press charges.
        The law establishes the punishment for rape as not less than five
    years' imprisonment, and those convicted usually were given prison
    sentences of five to 10 years. According to the MOI, 6,816 reports of
    rape or sexual assault were filed through September. As of November
    1,815 persons were indicted for sexual assault, and 1,705 persons were
    convicted. According to the MOJ, the average prosecution rate for rape
    and sexual assault over the past five years was approximately 50
    percent, and the average conviction rate was about 90 percent.
        The law allows prosecutors to take the initiative in investigating
    complaints of domestic violence without waiting for a spouse to file a
    formal lawsuit. As of November 91,457 cases of domestic violence had
    been reported. Also as of November authorities prosecuted 2,894 persons
    for domestic violence and convicted 2,159. As of November 18,120
    protection orders had been issued to female domestic violence victims
    and 3,033 to male victims. Typically persons convicted in domestic
    violence cases were sentenced to less than six months in prison. Social
    pressure not to disgrace their families discouraged abused women from
    reporting incidents to the police.
        The law requires all cities and counties to establish violence
    prevention and control centers to address domestic and sexual violence,
    child abuse, and elder abuse. These centers provided victims with
    protection, medical treatment, emergency assistance, shelter, legal
    counseling, and education and training on a 24-hour basis.
        Sexual harassment in the workplace is a crime, punishable by fines
    of from NT$100,000 to NT$1 million (approximately $3,570 to $35,710)
    and imprisonment for up to two years. All public employers and larger
    private employers are required to enact preventive measures and
    establish complaint procedures to deter sexual harassment. During the
    year 19,814 cases were reported through the 113 hotline. Women's groups
    complained that, despite the law and increased awareness of the issue,
    judicial authorities remained dismissive of sexual harassment
    complaints.
        Individuals and couples had the right to decide the number,
    spacing, and timing of their children and had the information and means
    to do so.
        Unmarried persons, however, are prohibited by law from obtaining
    fertility treatments. Access to contraception and skilled attendance
    during childbirth and postpartum were widely available. In 2009 the
    maternal mortality rate per 100,000 live births was reported as 8.4
    deaths. Women and men were equally diagnosed and treated for sexually
    transmitted infections, including HIV.
        The law prohibits discrimination based on gender. The Gender
    Equality in Employment Act (GEEA) provides for equal treatment with
    regard to salaries, promotions, and assignments. The GEEA entitles
    women to request up to two years of unpaid maternity leave and forbids
    termination because of pregnancy or marriage. Central and local
    agencies, schools, and other organizations are required to develop
    enforcement rules and set up gender equality committees to oversee the
    implementation of the law. One NGO claimed that the authorities were
    not doing enough to raise public awareness of this issue.
        Women's advocates noted that women continued to be promoted less
    frequently, occupied fewer management positions, and worked for lower
    pay than did their male counterparts. Women made up 50 percent of the
    service industry workforce and the total workforce. According to the
    Council for Labor Affairs (CLA), salaries for women averaged 82 percent
    of those for men performing comparable jobs.

        Children.--Citizenship is derived from one's parents or by birth on
    the island. The authorities were committed to the rights and welfare of
    children, and the law included provisions to protect them.
        Child abuse continued to be a widespread problem. A reliable NGO
    reported sexual abuse was more prevalent than the public realized, with
    the estimated number of victims reaching approximately 20,000 annually
    while only approximately 3,000 were reported. According to the MOI,
    22,089 cases, including cases of physical, mental, or sexual abuse or
    harm due to guardian neglect, were reported during the year. Central
    and local authorities, as well as private organizations, continued
    efforts to identify and assist high-risk children and families and to
    increase public awareness of child abuse and domestic violence.
        By law persons discovering cases of child abuse or neglect must
    notify the police or welfare authorities. Child welfare specialists
    must notify the local authorities within 24 hours, and authorities must
    take appropriate measures within 24 hours. Regulations encourage
    officials to respond to investigation requests within four days. The
    MOI Children's Bureau and NGO specialists monitored cases to ensure
    that requirements were met. An official hotline accepted complaints of
    child abuse and offered counseling. Courts are to appoint guardians for
    children whose parents are deemed unfit.
        The minimum age of consent to engage in sexual relations is 18.
    Persons who engaged in sex with children under age 14 faced sentences
    of three to 10 years in prison. On September 26, more than 15,000
    persons gathered in front of the presidential office to demand a
    mechanism for eliminating incompetent judges following a series of
    verdicts that gave lenient sentences to child sex offenders. On
    September 7, the Supreme Court announced that, effective immediately,
    offenses involving sexual assault on children under the age of seven
    would result in a minimum sentence of seven years in prison. Those who
    engaged in sex with minors between ages 14 to 16 were sentenced to
    three to seven years. Solicitors of sex with minors older than 16 but
    younger than 18 faced up to one year in prison or hard labor, or a fine
    up to NT$ three million (approximately $107,000). According to the MOI
    Child Welfare Bureau, 418 minors were rescued from prostitution in 2009
    and placed in shelters.
        The extent to which child prostitution occurred was difficult to
    measure because of increased use of the Internet and other
    sophisticated communication technologies to solicit clients.
    Advertisements related to prostitution were prohibited, and the law was
    enforced in practice. Under the law citizens arrested abroad for having
    sex with minors could also be indicted and convicted for patronizing
    underage prostitutes in foreign countries, although there were no such
    cases over the past four years. The law also prohibits child
    pornography, and violators are subject to sentences of up to six months
    and substantial fines.
        As of November, 382 persons were indicted and 320 persons were
    convicted of violating the Child and Youth Sexual Transaction
    Prevention Act, which criminalizes child prostitution and the
    possession and distribution of child pornography. The law requires
    publication of violators' names in newspapers.
        Taiwan is not a party to the 1980 Hague Convention on the Civil
    Aspects of International Child Abduction. For information on
    international parental child abduction, please see the Department of
    State's report on compliance at http://travel.state.gov/abduction/
    country/country--3781.html.

        Anti-Semitism.--There were no reports of anti-Semitic acts. The
    Jewish population numbered approximately 200 persons.

        Trafficking in Persons.--For information on trafficking in persons,
    please see the Department of State's annual Trafficking in Persons
    Report at www.state.gov/g/tip.

        Persons With Disabilities.--The law prohibits discrimination
    against persons with disabilities and sets minimum fines for
    violations.
        The MOI and the CLA are responsible for protecting the rights of
    persons with disabilities. The law stipulates that the authorities must
    provide services and programs to members of the population with
    disabilities. Free universal medical care was provided to persons with
    disabilities. NGOs continued to assert that more public nursing homes
    were needed and that current programs, such as home care services,
    needed to be expanded to meet the growing needs of those with
    disabilities, including the growing number of elderly persons.
        From July 2009 a public agency with 34 or more employees must hire
    at least 3 percent of its workforce from among those with physical or
    mental disabilities. Private sector enterprises that have a work force
    of 67 or more are required to have at least 1 percent of the payroll
    filled by employees with disabilities. The new employment regulations
    were expected to provide approximately 4,400 job opportunities for
    persons with disabilities. The authorities provided subsidies ranging
    from NT$3,000 to 7,000 (approximately $107 to $250) to persons with
    disabilities. As of September, subsidies amounting to NT$12.1 billion
    ($432 million) had been allocated. In 2009 a total of NT$15.65 billion
    ($559 million) was distributed.
        By law new public buildings, facilities, and transportation
    equipment must be accessible to persons with disabilities, and this
    requirement was generally met. Violations resulted in fines ranging
    from NT$60,000 to NT$300,000 (approximately $2,140 to $10,700).

        National/Racial/Ethnic Minorities.--As of November, 8 percent of
    all marriages included a foreign-born spouse, primarily from China,
    Vietnam, Indonesia, or Thailand, and an estimated 8.9percent of all
    births were to foreign-born mothers.
        Foreign spouses were targets of discrimination both inside and
    outside the home.
        In 2009 the Control Yuan held that the right to family unification
    was a protected constitutional right and that, therefore, consideration
    of spousal visas should be handled in accordance with due process
    principles.
        The authorities offered free Chinese-language and child-raising
    classes and counseling services at community outreach centers to assist
    foreign-born spouses' integration into society. The Legal Aid
    Foundation provided legal services to foreign spouses and operated a
    hotline to receive complaints. The MOI also operated its own hotline
    with staff conversant in Vietnamese, Cambodian, Thai, Indonesian,
    English, and Chinese.
        Following amendments to the law, PRC-born spouses must wait six
    rather than eight years to apply for Taiwan residency, whereas non-PRC
    spouses may apply after only three years. The amended law also
    stipulates that PRC foreign spouses are also permitted to work on
    Taiwan immediately on arrival. In addition the authorities canceled the
    quota for visas for PRC spouses in August 2009.

        Indigenous People.--There are 14 identified non-Chinese groups of
    indigenous people, accounting for approximately 2 percent of the
    population. The law protects the civil and political rights of these
    indigenous persons. The Indigenous Peoples Basic Act stipulates that
    the authorities should provide resources to help indigenous individuals
    develop a system of self-governance, formulate policies to protect
    their basic rights, and promote the preservation and development of
    their language and culture. Critics complained that the authorities did
    not do enough to preserve aboriginal culture and language.
        In September activists claiming to represent the Pingpu, an
    indigenous population of approximately one-half million, filed a
    petition with the Presidential Office and the Council of Indigenous
    Peoples asking for official recognition. The application was rejected.
    The Pingpu activists claimed that without official recognition, they
    would eventually become culturally extinct.

        Societal Abuses, Discrimination, and Acts of Violence Based on
    Sexual Orientation and Gender Identity.--There are no laws prohibiting
    homosexual activities. According to homosexual rights activists,
    violence against lesbian, gay, bisexual, and transgender (LGBT) persons
    was rare, but societal discrimination against LGBT persons with HIV and
    AIDS was a problem.
        LGBT rights activists said instances of police pressure to LGBT-
    friendly bars and bookstores decreased. However, in February the Taipei
    City Education Bureau issued an official letter to schools warning of
    homosexual influence on students. Following mounting pressure from LGBT
    rights advocates, in September the Education Bureau asked that school
    officials disregard the letter.
        The eighth annual gay pride march was held on October 30.
        LGBT rights activists alleged the restrictions on doctors providing
    fertility treatments to unmarried persons unfairly discriminated
    against LGBT persons, who are not permitted to marry.
        Employers convicted of discriminating against jobseekers on the
    basis of sexual orientation face fines of up to NT$1.5 million
    (approximately $53,570).

        Other Societal Violence or Discrimination.--There was reported
    discrimination, including employment discrimination, directed against
    persons with HIV/AIDS. An amendment of the AIDS Prevention and Control
    Act allows foreign spouses infected with HIV to remain on Taiwan, if
    they can show they were infected by their spouse or by medical
    treatment received while on Taiwan. The amended law, renamed the HIV
    Prevention and Patients' Rights Protection Act, also stipulates that
    HIV-infected citizens cannot be denied access to education, medical
    services, housing, or other necessities.
    Section 7. Worker Rights

        a. The Right of Association.--The right to unionize is protected by
    the constitution but is highly regulated under the Labor Union Law
    (LUL) and other laws.
        Some public employees have limited rights to form unions. Teachers
    and civil servants were allowed to form professional associations to
    negotiate with the authorities but were not allowed to strike. These
    restrictions led to a long-running dispute between the authorities and
    groups representing teachers and civil servants.
        Foreign workers are not allowed to form their own unions. In June
    the LY amended the LUL to allow foreign workers to assume union
    leadership positions.
        A number of laws and regulations limit the right of association.
    While labor unions may draw up their own rules and constitutions, they
    must submit them to county and city authorities as well as to the CLA
    for review. Labor unions may be rejected or dissolved, if they do not
    meet CLA certification requirements or if their activities disturb
    public order.
        At the end of September, approximately 29 percent of the 11.1
    million-person labor force belonged to one of the 4,842 registered
    labor unions. Many of them were also members of one of 10 island-wide
    labor federations.
        The right to strike is provided by law, and workers exercised this
    right in practice.
        However, legal constraints make it difficult to strike, undermining
    the usefulness of collective bargaining. Workers may strike over issues
    of compensation and working schedules but not living or working
    conditions. The law requires mediation of labor disputes when the
    authorities deem them to be sufficiently serious or to involve unfair
    practices. The law also prohibits labor and management from disturbing
    the ``working order'' while mediation or arbitration is in progress.
    Teachers and defense industry employees, however, are not afforded the
    right to strike. Critics contended the law had a chilling effect on the
    right to strike, because it restricted workers' ability to take action
    in a dispute. The law mandates stiff penalties for violations of no-
    strike and no-retaliation clauses. In June the LY amended the LUL and
    reduced punishments for unions that violate regulations.

        b. The Right to Organize and Bargain Collectively.--The law gives
    workers the right to organize, bargain, and act collectively, although
    some positions are not afforded this right.
        At the end of September, there were 39 collective bargaining
    agreements in force. However, they covered only a small proportion of
    the labor force, mainly in large companies; 95 percent of industrial
    labor unions had no collective agreements. No special labor laws or
    labor law exemptions apply to the export processing zones in Kaohsiung
    and Taichung.
        The LUL prohibits discrimination, dismissal, or other unfair
    treatment of workers because of union-related activities. Labor unions
    charged, however, that during employee cutbacks, labor union leaders
    were sometimes laid off first or dismissed without reasonable cause.
    For example, in March labor union leaders of a touch panel
    manufacturing company alleged that lay-offs management said were
    necessary due to shrinking revenue and outsourcing were, in fact, an
    effort to get rid of union leaders. In addition the Teachers'
    Association of Taipei County claimed in August that Taipei County
    authorities had requested all schools to cancel leave for teachers'
    association-related activities. Although workers did not pursue
    mediation in either case, labor activists maintained that the labor
    environment remained unfriendly to any organization activities. The
    Taiwan Confederation of Trade Unions and the Taiwan Labor Front
    contended there was no specific penalty for the improper dismissal of a
    labor union leader.

        c. Prohibition of Forced or Compulsory Labor.--The law prohibits
    forced or compulsory labor. However, there were reports that such
    practices occurred. There was evidence of trafficking in persons into
    forced labor in such sectors as household caregivers, farming, fishing,
    manufacturing, and construction (see section 7.e.).
        The antitrafficking law criminalizes forced labor, and public
    awareness campaigns included worker education pamphlets, foreign worker
    hotlines, and Ministry of Education programs on trafficking as part of
    the broader human rights curriculum.
        See also the Department of State's annual Trafficking in Persons
    Report at www.state.gov/g/tip.

        d. Prohibition of Child Labor and Minimum Age for Employment.--The
    Labor Standards Law (LSL) stipulates age 15, when compulsory education
    ends, as the minimum age for employment. County and city labor bureaus
    effectively enforced minimum-age laws.

        e. Acceptable Conditions of Work.--The LSL provides standards for
    working conditions and health and safety precautions. At the end of
    September, the LSL covered an estimated 6.6 million of the 8.1 million
    salaried workers. Those not covered included health-care workers,
    gardeners, bodyguards, teachers, doctors, lawyers, civil servants, and
    domestic workers.
        Foreign household caregivers and domestic workers are covered
    instead by the Employment Services Act, which does not provide for a
    minimum wage or overtime pay, set limits on the workday or workweek, or
    provide for minimum breaks or vacation time. At the end of December,
    184,000 of the 377,000 foreign household caregivers and domestic
    workers had applied for coverage under the Employment Services Act. In
    September migrant workers' rights advocates protested the failure of
    authorities to submit a Household Services Act, which would provide
    those basic labor protections for all household caregivers and domestic
    workers, to the legislature for consideration.
        An increase in the minimum wage to NT$17,880 per month ($638) or
    NT$98 per hour ($3.50) was scheduled to take effect in January 2011.
    While sufficient in less expensive areas, the minimum wage did not
    provide a decent standard of living for a single-income family in urban
    areas such as Taipei. Labor rights activists reported that any benefit
    to foreign workers from previous increases to the monthly minimum wage
    failed to cover the increase in the maximum NT$5,000 ($178) monthly
    deduction the CLA allowed employers to collect. The average
    manufacturing wage was more than double the legal minimum wage, and the
    average wage for service industry employees was even higher.
    Nevertheless, the real monthly average wage decreased from NT$44,424
    ($1,580) in 2008 to NT$42,176 ($1,506) in 2009 due to the influence of
    the global financial crisis. Many workers either lost their jobs or
    took unpaid leave in 2009. As a result, unemployment increased from 1.8
    percent to 5.9 percent in 2009, but decreased to 5.2 percent during the
    year. The number of labor disputes in 2009 numbered 30,385 cases in
    2009, a 24 percent increase from 2008. Of these, 29,128 cases were
    related to wage and severance pay disputes. As the economy and
    employment recovered, there were 18,118 labor disputes in the first
    nine months of the year, a 24.2 percent decrease from the same period
    in 2009.
        To assist jobless workers, the authorities provided unemployment
    relief payments for nine months and offered short-term job programs.
        Legal working hours were 336 hours per eight-week period (for an
    average of 42 hours per workweek). A five-day workweek has been
    mandated for the public sector, and according to a CLA survey, more
    than half of private sector enterprises also had a five-day workweek.
        The law provides standards for working conditions and health and
    safety precautions and gives workers the right to remove themselves
    from dangerous work situations without jeopardy to their continued
    employment. There was widespread criticism, however, that the CLA did
    not effectively enforce workplace laws and regulations. During the year
    the CLA's 307 inspectors conducted 89,339 inspections, a decrease of
    1.1 percent from 2009. Those 307 inspectors were responsible for
    inspecting approximately 310,000 enterprises covered by the
    Occupational Safety and Health Law. Labor NGOs and academics argued
    that the labor inspection rate was far too low to serve as an effective
    deterrent against labor violations and unsafe working conditions,
    especially for labor working in small and medium factories.
        Regulations require intensified inspection and oversight of foreign
    labor brokerage companies. NGOs reported that some labor brokers and
    employers regularly collected high fees or loan payments from foreign
    workers, using debts incurred in the source country as a tool for
    involuntary servitude. During the year there were 379,653 documented
    migrant workers in Taiwan--among them, 135,019 from Indonesia, 64,516
    from Thailand, and 54,218 from Vietnam. The CLA estimated there were
    33,000 undocumented workers. NGOs asserted that foreign workers were
    unwilling to report employer abuses for fear the employer would
    terminate the contract and forcibly deport them, leaving them unable to
    pay back debt accrued to brokers or others.
        An employer may deduct only labor insurance fees, health insurance
    premiums, income taxes, and meal and lodging fees from the wages of a
    foreign worker. Violators face fines of NT$60,000 to 300,000
    (approximately $2,140 to 10,710) and loss of hiring privileges.
    Critics, however, complained that violations continued and that the CLA
    did not effectively enforce statutes and regulations intended to
    protect foreign laborers from unscrupulous brokers and employers.
        The CLA operated a Foreign Worker Direct-Hire Service Center that
    allowed local employers to rehire their foreign employees, especially
    caregivers, without a broker. NGOs, however, argued that complicated
    procedures and restrictions on eligibility to use the service prevented
    widespread implementation and advocated lifting restrictions on
    transfers between employers.
        The service center also permitted the direct rehiring of foreign
    workers engaged in manufacturing, fisheries, construction, and other
    industries. NGOs and academics urged the CLA to provide basic labor
    protections such as minimum wage, overtime, and a mandatory day off for
    household caregivers and domestic workers.
        The National Immigration Agency is responsible for all immigration-
    related policies and procedures for foreign workers, foreign spouses,
    immigrant services, and repatriation of undocumented immigrants. The
    CLA is responsible for work permits and services related to occupation.
    The CLA also provides mediation services and may permit the transfer of
    employees in situations where the employee has suffered exploitation or
    abuse.
        Except for victims of trafficking in persons or employer abuse,
    foreign workers deemed to have worked illegally faced heavy fines,
    mandatory repatriation, and a permanent ban on reentering Taiwan.

                                   __________

                                    THAILAND

        Thailand is a constitutional monarchy with a population of more
    than 67 million. The king is revered and in the past exerted strong
    informal influence. A coalition government led by Abhisit Vejjajiva, of
    the Democratic Party, has been in power since 2008. The most recent
    national elections for the lower house of parliament, held in 2007,
    were generally viewed as free and fair, but there were widespread
    allegations of vote buying. Antigovernment protests that resulted in
    significant political unrest from March to May in Bangkok and various
    northeastern provinces, along with continuing internal conflict in the
    southernmost provinces, led the Government to restrict some rights and
    delegate certain internal security powers to the armed forces. Security
    forces reported to civilian authorities.
        Security forces continued at times to use excessive force against
    criminal suspects, and there were reports that police tortured, beat,
    and otherwise abused suspects, detainees, and prisoners, many of whom
    were held in overcrowded and unsanitary conditions. There were
    occasional dismissals, arrests, prosecutions, and convictions of
    security forces in response to this behavior; however, official
    impunity continued to be a serious problem. A separatist insurgency in
    the South resulted in numerous human rights abuses, including killings,
    committed by government security forces, ethnic Malay Muslim
    insurgents, and local defense volunteers. The Government maintained
    some limits on freedom of speech, the press, and assembly. Human rights
    workers, particularly those focusing on violence in the South, reported
    harassment and intimidation. Police corruption was widespread.
    Trafficking in persons remained a concern. Members of hill tribes
    without proper documentation continued to face restrictions on their
    movement, could not own land, and often were the targets of labor
    violations. Government enforcement of labor laws was inconsistent.
                            respect for human rights
    Section 1. Respect for the Integrity of the Person, Including Freedom
            From:

        a. Arbitrary or Unlawful Deprivation of Life.--There were no
    confirmed reports that the Government or its agents committed any
    politically motivated killings; however, at year's end government and
    independent fact-finding commissions were investigating April and May
    clashes between security forces and antigovernment protesters in
    Bangkok and the Northeast that resulted in the deaths of 79 civilians,
    11 security force members, and two foreign journalists. Public
    attention focused in particular on the May 19 deaths of six protesters
    and volunteer medical personnel in Wat Pathum and the vicinity.
    Additionally, security forces occasionally used excessive and at times
    lethal force against criminal suspects and committed or were connected
    to extrajudicial, arbitrary, and unlawful killings. There were reports
    of killing, torture, and unlawful detention during the year in
    connection with the conflict in the southernmost provinces (see section
    1.g.).
        According to the Ministry of Interior's (MOI) Investigation and
    Legal Affairs Bureau, from October 1, 2009, to September 30, 819
    persons died in official custody. Authorities attributed most of the
    deaths to natural causes while in prison. Police killed 145 suspects
    during the arrest process.
        Between March and May, antigovernment protesters affiliated with
    the United Front for Democracy Against Dictatorship (UDD, or red
    shirts) established two separate protest sites, including the
    commercial center of Bangkok, while calling for the dissolution of
    parliament. Ensuing clashes with government security forces left 92
    persons dead. However, it remained unclear how many were killed by
    security forces, by armed factions associated with the protest, or by
    accident.
        On May 30, Sulaiman Naesa died at the Inkhayuthboriharn Army Camp
    after apparently using a towel to hang himself. Sulaiman's relatives
    and local human rights groups reported what they considered to be signs
    of torture on his body, including a wound on the left side of his neck
    and another wound on his back that appeared to be from a sharp object.
    The National Human Rights Commission (NHRC) was examining the case at
    year's end.
        On June 26, police shot and killed Manit Toommuang, suspected of
    drug trafficking and murder, while in police custody. Shortly before
    being shot, Manit was photographed sitting on a couch in his apartment
    with his hands handcuffed behind his back. According to police
    accounts, Manit took a gun from one of the officers and fired once,
    causing the police to use deadly force in self-defense. The case
    remained under investigation at year's end.
        On August 11, Makhoseng Pohtae, a suspected militant, died in
    custody due to injuries reportedly received after being tortured by
    Yala police in the initial months following his arrest in March 2009.
    An internal investigation by the Southern Border Provinces Police
    Command found the abusing officers guilty of misconduct. At year's end
    the National Counter-Corruption Commission (NCCC) was investigating the
    case.
        On September 2, a Narathiwat court acquitted a police
    superintendent of all charges related to his involvement in the case of
    Imam Yapa Koseng, who died while in army custody in 2008. In addition
    the court rejected the case against five Royal Thai Army (RTA) soldiers
    from Task Force 39 for their involvement in Yapa's death, stating that
    the criminal proceedings should be filed with a military court. Two
    lawsuits remained pending: the potential criminal proceeding against
    the five military suspects, under consideration by the NCCC since 2008;
    and the civil lawsuit filed by Yapa's family in March 2009 against the
    Ministry of Defense, RTA, and Royal Thai Police (RTP), which was
    suspended pending the resolution of a jurisdictional problem.
        A criminal trial continued against three officers in Kalasin
    Province suspected of involvement in the 2004 killing of Kiattisak
    Thitboonkhrong and the subsequent cover-up. This was one of 10 cases
    accepted in 2009 by the Department of Special Investigation's (DSI)
    Special Case Center for investigation related to the 2003 ``War on
    Drugs'' campaign, although the killings occurred after 2003. The DSI
    forwarded eight of the cases to the Office of the Attorney General
    (OAG) and one to the NCCC. The remaining cases were pending.
        According to the Thailand Mine Action Center, during the year there
    was one death and 23 injuries due to land mines, occurring in Buriram,
    Chanthaburi, Sakaew, Sisaket, Ubon Ratchatani, Tak, and Trat provinces.
    The Government continued public awareness campaigns, including sending
    landmine awareness teams to the affected villages and landmine
    education teams to local schools to inform students of the risk
    associated with land mines and instruction on how to avoid injuries.
        There were at least eight violent incidents between Thai border
    rangers and Cambodian illegal loggers during the year. For example, on
    January 10, border rangers shot at a group of Cambodians illegally
    logging on the Thai side of the border in Sisaket Province. Two
    Cambodians reportedly were killed during the incident. On March 8,
    border rangers allegedly shot and killed one individual among a group
    of Cambodian illegal loggers in Surin Province. On November 6, Thai
    border rangers allegedly shot and killed two armed Cambodian loggers in
    Sisaket Province.

        b. Disappearance.--There were no confirmed reports of politically
    motivated disappearances; however, nongovernmental organizations (NGOs)
    reported that several persons remained missing following the dispersal
    of antigovernment protesters in May. According to the Mirror
    Foundation, the whereabouts of 17 protesters remained unknown at year's
    end; there also were multiple media reports of numerous protesters
    having fled to Cambodia. There were no confirmed reports that
    individuals disappeared after being questioned by security officials in
    the southern provinces.
        The Working Group on Justice for Peace reported that Doromae Jehlae
    disappeared on his way to work on March 17 in Pattani Province. His
    relatives stated that he had been questioned by soldiers in the days
    prior to his disappearance.
        There were no developments in the case of Abduloh Abukaree, who
    disappeared in December 2009 after failing to return to his home in
    Narathiwat Province. He was a key witness in a DSI case against high-
    ranking police officials connected to the disappearance of prominent
    Muslim attorney and human rights activist Somchai Neelaphaijit. There
    were no developments in the 2008 case of Kamol Laosophaphant, a
    businessman in Khon Kaen Province who disappeared after going to a
    police station to lodge criminal complaints against local officials
    concerning state railway land deals. At year's end the case regarding
    the disappearance of Somchai Neelaphaijit remained before the NCCC, and
    the appeals court continued to examine the possibility of future
    prosecutions. Somchai disappeared in 2004 after providing legal
    representation to criminal suspects who had allegedly been tortured by
    high-ranking police officials.

        c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
    Punishment.--The constitution specifically prohibits such practices,
    but there is no law that specifically prohibits torture, and it is not
    punishable as an offense under criminal law. Additionally, section 17
    of the Emergency Decree effectively provides immunity from prosecution
    to security officials for actions committed during the performance of
    their duties. NGOs and legal entities continued to report that members
    of the police and military occasionally tortured and beat suspects to
    obtain confessions. There were newspaper reports of numerous cases in
    which citizens accused police and other security officials of using
    brutality. By year's end there had been one prosecution, although no
    conviction, of a military official for alleged torture; there also were
    criminal actions being pursued against RTP officers.
        The NHRC, in a report dated September 15, found that torture took
    place widely and systematically in the deep South. The study, which
    examined 35 alleged torture cases since 2006, found that beating and
    intimidation tactics were widely used by state officials. Torture
    tactics included covering the victims' heads with plastic so they were
    unable to breathe, applying lit cigarettes to body parts, beating
    victims with a wooden stick covered by a sponge, and using electric
    shocks. According to the report, most of the abusers were members of
    the armed forces or police who arrested and detained suspects under
    special laws including martial law, the Internal Security Act, and the
    Emergency Decree.
        In May 2009 an army unit stopped Adil Samae and Masaofi Khawaenbgbu
    for questioning in Yala Province. One of the soldiers began beating the
    pair before the two escaped. They reported the incident to the police
    two days later, and on January 26, the case was brought before the
    Pattani Military Court. On April 26, the court found the soldier guilty
    of abuse, sentenced him to six months in prison, and fined him 2,000
    baht ($62.50). The prison sentence was later reduced to two years'
    probation. Following the military court verdict, on May 10, Adil and
    Masaofi filed a civil lawsuit at the Songkhla Administrative Court
    against the Ministry of Defense and the Royal Thai Army. At year's end
    the court was examining the case.
        There were no developments in the case of university students
    Ismael Tae and Amisi Manak, allegedly tortured by security personnel
    from Yala and Pattani provinces in 2008.
        There were no developments in the case of Rayu Korkor, arrested in
    2008 with Imam Yapa Koseng and four other men. Rayu alleged that he
    witnessed Yapa's death at the hands of security officials (see section
    1.a.) and that he was tortured. The RTP forwarded the case to the NCCC,
    and Rayu's relatives also filed a civil lawsuit against the RTA that
    remained pending at year's end.

        Prison and Detention Center Conditions.--Prison conditions were
    poor. Most prisons and detention centers were overcrowded. There were
    approximately 172,000 prisoners in prisons and detention facilities
    designed to hold 150,000. Sleeping accommodations were insufficient,
    medical care was inadequate, and communicable diseases were widespread
    in some prisons. Seriously ill prisoners at times were transferred to
    provincial or state hospitals.
        Prison authorities sometimes used solitary confinement of not more
    than one month, as permitted by law, to punish male prisoners who
    consistently violated prison rules or regulations; the Department of
    Corrections maintained that the average confinement was approximately
    seven days. Authorities also used heavy leg irons to control prisoners
    who were deemed escape risks or harmful to other prisoners.
        Approximately 13 percent of the prison population consisted of
    pretrial detainees, who were not segregated from the general prison
    population. Men, women, and children often were held together in police
    station cells pending indictment. Separate detention facilities for
    juvenile offenders were available in all provinces.
        Prisoners and detainees had access to visitors and were permitted
    religious observance. Authorities permitted prisoners and detainees or
    their representatives to submit complaints without censorship to
    ombudsmen but not directly to judicial authorities. The Ministry of
    Justice (MOJ), through its Department of Corrections, was responsible
    for investigating and monitoring prison and detention facility
    conditions, but authorities rarely investigated complaints and did not
    make public the results of such investigations.
        Conditions in immigration detention centers (IDCs) remained poor.
    The Immigration Police Bureau, reporting to the Office of the Prime
    Minister, administered the IDCs, which were not subject to many of the
    regulations that govern the regular prison system. Overcrowding and a
    lack of basic medical care continued to be serious problems. Juveniles
    above the age of 14 were detained with adults in IDCs. There also were
    complaints of inadequate and culturally inappropriate food, especially
    by Muslim detainees. There were reports that detainees, including
    children, were not permitted sufficient exercise at some facilities.
    Unlike in previous years, there were no reports that guards physically
    abused detainees in IDCs administered by the Immigration Police Bureau.
        The Government permitted visits to prisons and IDCs by independent
    human rights observers. Additionally, the Government allowed human
    rights observers to make a single controlled visit to the Inkayuth
    military camp in Pattani Province, the first visit of its kind in the
    southernmost provinces. Representatives of the International Committee
    of the Red Cross (ICRC) were allowed to meet prisoners without third
    parties present and made repeated visits. By the end of 2009, the ICRC
    had also received access to all police facilities in the southernmost
    provinces; however, at year's end the military had not approved ICRC
    requests to visit prisoners detained in military detention facilities
    in the four southernmost provinces, where detainees allegedly were
    mistreated. Additionally, the ICRC was unable to visit persons
    affiliated with the March-May antigovernment protests who were arrested
    and detained in military camps for violating provisions of the
    Emergency Decree. Representatives of the Office of the UN High
    Commissioner for Refugees (UNHCR) had access to some detainees at the
    Suvarnabhumi Airport IDC in Bangkok; however, the access varied on a
    case-by-case basis. UNHCR officials were able to interview detainees in
    Suan Phlu IDC, and access continued for third countries to process
    recognized refugees for resettlement.
        Ombudsmen have the power to consider and investigate complaints
    lodged by any aggrieved citizen. Following an investigation, ombudsmen
    can refer a case to a court for further review or provide
    recommendations for further action to the appropriate agency, but they
    do not have the power to force agencies to comply with their
    recommendations. They can investigate complaints and petitions received
    from prisoners and provide recommendations to the Department of
    Corrections; however, they are not empowered to act on a prisoner's
    behalf, nor do they involve themselves in a case unless an official
    complaint is received.

        d. Arbitrary Arrest or Detention.--The constitution specifically
    prohibits arbitrary arrest and detention; however, government forces
    occasionally arrested and detained persons arbitrarily. The Emergency
    Decree, which gives the Government the authority to detain persons
    without charge for up to 30 days in unofficial places of detention, was
    used during parts of the year in as many as 27 of the country's 76
    provinces. This action was in addition to martial law, which existed in
    31 border-region provinces and allows for detention without charge for
    a maximum of seven days. The Emergency Decree was lifted in Bangkok and
    three adjoining provinces on December 22, leaving only three southern
    provinces under the decree at year's end.
        Emergency Decree provisions make it very difficult to challenge a
    detention before a court. According to the law, under the decree
    detainees should have legal access to counsel; however, in practice
    there was no assurance of prompt access to legal counsel or family
    members, nor were there transparent safeguards against the mistreatment
    of detainees. Additionally, the decree effectively provides broad-based
    immunity from criminal, civil, and disciplinary liability for officials
    acting under its provisions.
        According to the NHRC subcommittee on civil and political rights,
    422 persons were detained for violating the Emergency Decree for
    actions connected to violent red-shirt antigovernment protests in April
    and May, some of whom were believed to have been bystanders not
    participating in the protests or violence. Human rights groups reported
    that a number of those arrested and detained for six months or longer
    without having the opportunity in court to answer for their charges
    committed relatively minor offenses such as violating curfew,
    participating in the protests, or burning tires. At year's end 158 of
    the 422 remained in detention.

        Role of the Police and Security Apparatus.--The RTP has the
    authority to minimize threats to internal security and suppress
    criminal activity. It is under the direct supervision of the prime
    minister and a 20-member police commission. The police commissioner
    general is appointed by the prime minister and subject to cabinet and
    royal approval. The Border Patrol Police has special authority and
    responsibility in border areas to combat insurgent or separatist
    movements.
        The 2008 implementation of the Internal Security Act (ISA) created
    the Internal Security Operations Command (ISOC) as a state agency under
    the command of the prime minster, who acts as the ISOC director. It is
    considered an interagency monitoring body, with both civilian and
    military representation. The act also includes broad powers for the
    military. During the year the Government invoked the ISA five times in
    Bangkok to allow security forces to deal with antigovernment protests.
    The Emergency Decree, which was in effect across large sections of the
    country during part of the year, including in Bangkok between April and
    December, provides the Government greater powers than the ISA and
    therefore takes precedence. At year's end Bangkok remained covered by
    the ISA, which replaced the decree on December 22. The ISA also was in
    effect in four districts of Songkhla Province throughout the year.
    Human rights organizations and academics criticized the Government for
    repeatedly utilizing the ISA, with cabinet approval, to respond to
    alleged threats to national security by restricting fundamental rights.
        There were reports that police abused prisoners and detainees,
    generally with impunity. Complaints of police abuse can be filed
    directly with the superior of the accused police officer, the Office of
    the Inspector General, or the police commissioner general. The NHRC,
    Lawyers' Council of Thailand (LCT), NCCC, Court of Justice, MOJ, and
    Office of the Prime Minister also accept complaints of police abuse and
    corruption, as does the Office of the Ombudsman. The NHRC received 78
    complaints of police abuse during the year.
        When the police department receives a complaint, an internal
    investigation committee first takes up the matter and may temporarily
    suspend the officer involved in the complaint during the investigation.
    Various administrative penalties exist, and serious cases can be
    referred to a criminal court.
        The joint NCCC-OAG committee investigation into the April 2009
    attempted killing of People's Alliance for Democracy leader Sondhi
    Limthongkul continued. At year's end the police officer and two
    soldiers for whom arrest warrants were issued in July 2009 remained
    free.
        Procedures for investigating suspicious deaths, including deaths
    occurring in police custody, require that a prosecutor, forensic
    pathologist, and local administrator participate in the investigation
    and that, in most cases, family members have legal representation at
    the inquests. However, these procedures often were not followed.
    Families rarely took advantage of a provision in the law that allows
    them to bring personal lawsuits against police officers for criminal
    action during arrests.
        The Ministry of Defense requires that service members receive human
    rights training both as a part of routine training and prior to
    deployments. This training takes place under the mandate of a 1992
    cabinet resolution in response to the political violence in May of that
    year. The routine training occurs at various levels, including for
    officers, noncommissioned officers, enlisted personnel, and recruits.
    Additionally, military service members deploying in support of
    counterinsurgency operations in the South also received specific human
    rights training, including training for detailed, situation-specific
    contingencies.

        Arrest Procedures and Treatment While in Detention.--With few
    exceptions, the law requires police to obtain a warrant from a judge
    prior to making an arrest. In practice the system for issuing arrest
    warrants was subject to misuse by police officers and a tendency by the
    courts automatically to approve all requests for warrants. By law
    persons must be informed of likely charges against them immediately
    after arrest and must be allowed to inform someone of their arrest. The
    law provides for access to counsel for criminal detainees; however,
    lawyers and human rights groups claimed that police often conducted
    interrogations without providing access to an attorney. Lawyers working
    in the southern provinces reported that under the Emergency Decree they
    were denied adequate access to detained clients, and some individuals
    in those southern provinces reported they were denied permission to
    visit detained family members. Foreign detainees sometimes were
    pressured to sign confessions without the benefit of a competent
    translator. The MOJ and OAG sought to provide an attorney to indigent
    detainees at public expense.
        Under normal conditions the law allows police to detain criminal
    suspects for 48 hours after arrest for investigation. Court permission
    is required to extend detentions for additional periods (up to a
    maximum of 84 days for the most serious offenses) to conduct
    investigations. Lawyers reported that police rarely brought cases to
    court within the 48-hour period. Laws and regulations place offenses
    for which the maximum penalty is less than three years under the
    jurisdiction of the district courts, which have different procedures.
    In these cases police are required to submit cases to public
    prosecutors within 72 hours of arrest. According to the LCT, pretrial
    detention of criminal suspects for up to 60 days was not uncommon.
        The law provides defendants the right to request bail, and the
    Government generally respected this right. However, some human rights
    groups reported that police frequently either did not inform detained
    suspects of their right to request bail or refused to recommend bail
    after a request was submitted.
        Under martial law the military has the authority to detain persons
    without charge for a maximum of seven days, and under the Emergency
    Decree a person may be detained for up to 30 days without charge.
        On May 24, Suthachai Yimprasert, assistant professor of history at
    Chulalongkorn University, was arrested for violating the Emergency
    Decree by distributing leaflets critical of the Government's treatment
    of the red-shirt protesters. He was detained without charge at a
    military camp in Saraburi Province before being released on June 5.
        On June 27, Sombat Boonngammanong was arrested under a provision of
    the Emergency Decree prohibiting the gathering of more than five
    persons after he held a small demonstration in Bangkok, during which he
    tied red ribbons to a signpost while others with him held up
    photographs of violent actions allegedly related to the military
    dispersal of red-shirt protesters on May 19. He was held in detention
    without charge at a Border Patrol Police command office in Pathumthani
    Province before being released on July 9.
        On October 5, police in Ayutthaya Province arrested Amornwan
    Charoenkij for selling flip-flop shoes printed with the faces of the
    prime minister and deputy prime minister, along with a statement that
    read, ``People died at Ratchaprasong.'' She was arrested for violating
    provisions of the Emergency Decree, despite the fact that the decree
    had been lifted in Ayutthaya in July. Amornwan was released on bail,
    and her case was pending at year's end.

        Amnesty.--The king issued a royal amnesty proclamation in honor of
    his 60th wedding anniversary on April 28. By year's end approximately
    10,000 prisoners had been pardoned and released as part of this
    amnesty.

        e. Denial of Fair Public Trial.--The constitution provides for an
    independent judiciary. Although the judiciary generally was regarded as
    independent, it was subject to corruption and outside influences.
    According to human rights groups, the lack of progress in several high-
    profile cases involving alleged abuse by the police and military
    diminished the public's trust in the justice system and discouraged
    some victims of human rights abuses (or their families) from seeking
    justice.

        Trial Procedures.--The law provides for the presumption of
    innocence. There is no trial by jury. A single judge decides trials for
    misdemeanors; two or more judges are required for more serious cases.
    The constitution provides for a prompt trial, although a large backlog
    of cases remained in the court system. While most trials are public,
    the court may order a closed trial, particularly in cases involving
    national security, the royal family, children, or sexual abuse.
        In ordinary criminal courts, defendants enjoy a broad range of
    legal rights, including access to a lawyer of their choosing; however,
    indigent defendants are not automatically provided with counsel at
    public expense. The LCT budget was reduced by more than 15 percent from
    2009. The legal aid provided was often done on an intermittent,
    voluntary, public-service basis and was of low standard. Some NGOs
    reported that legal aid lawyers pressured their clients into paying
    additional fees directly to them. The court is required to appoint an
    attorney in cases where the defendant disputes the charges, is
    indigent, or is a minor, as well as in cases where the possible
    punishment is more than five years' imprisonment or death. Most free
    legal aid came from private groups, including the LCT and the Thai
    Women Lawyers Association. There is no discovery process; consequently,
    lawyers and defendants do not have access to evidence prior to the
    trial. The law provides for access to courts or administrative bodies
    to appeal or seek redress, and the Government generally respected this
    right.
        Several NGOs expressed concern over the lack of adequate protection
    for witnesses, particularly in cases involving alleged police
    wrongdoing. The MOJ's Office of Witness Protection had limited
    resources and primarily played a coordinating role. In most cases
    witness protection was provided by the police, but six other state
    agencies participated in the program. Witnesses, lawyers, and activists
    involved in cases of alleged police abuse reported that protection was
    inadequate and that they were intimidated by the police sent to provide
    protection.

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

        Civil Judicial Procedures and Remedies.--There is an independent
    and impartial judiciary in civil matters. The law provides for access
    to courts and administrative bodies to bring lawsuits seeking damages
    for, or cessation of, a human rights violation, and the Government
    generally respected this right. However, sections 16 and 17 of the
    Emergency Decree, which was in force in as many as 27 provinces,
    expressly excludes scrutiny by the Administrative Court or civil or
    criminal proceedings against government officials, although victims may
    seek compensation from a government agency instead.

        f. Arbitrary Interference With Privacy, Family, Home, or
    Correspondence.--The constitution specifically prohibits such actions,
    and the Government generally respected these prohibitions in practice.
    However, the use of martial law and the Emergency Decree gives
    government security forces the authority to conduct searches without a
    warrant, and this authority was used on many occasions. There were
    numerous complaints from persons claiming that security forces abused
    this authority, but the decree provides security forces broad immunity
    from prosecution.
        Security services monitored persons, including foreign visitors,
    who espoused extremist or highly controversial views.

        g. Use of Excessive Force and Other Abuses in Internal Conflict.--
    The internal conflict in the ethnic Malay, Muslim-majority,
    southernmost provinces (Narathiwat, Pattani, Yala, and portions of
    Songkhla) continued throughout the year. Insurgents carried out almost
    daily bombings and attacks that caused deaths and injuries. The
    Emergency Decree in effect in this area gives military, police, and
    civilian authorities significant powers to restrict certain basic
    rights and delegates certain internal security powers to the armed
    forces. The decree also provides security forces broad immunity from
    prosecution. The martial law imposed in 2006 remained in effect in
    Narathiwat, Pattani, and Yala, giving a wide range of powers to
    security forces.

        Killings.--Human rights groups accused government forces of
    extrajudicial killings, arbitrary arrests, and torture of individuals
    suspected of involvement with separatists. As a result of attacks by
    suspected insurgents, tension between the local ethnic Malay Muslim and
    ethnic Thai Buddhist communities remained high, alongside a distrust of
    security officials.
        On March 14, insurgents killed police Colonel Sompian Eksomya,
    police commander in Bannang Sata, Yala, in an ambush. The insurgents
    first disabled Sompian's vehicle with a bomb and then fired at the
    vehicle, killing the colonel and his driver and injuring two other
    police officers.
        On June 6, Doro-mae Da-che, also known as Ustaz Mae, was shot and
    killed in Bannang Sata. The media and NGOs speculated that the act was
    in retaliation for the killing of Colonel Sompian.
        There was no progress in the case of Laila Paaitae Daoh, a
    prominent human rights activist in Yala killed by suspected insurgents
    in March 2009.
        On September 2, police dropped charges against former paramilitary
    ranger Sutthirak Kongsuwan, stating there was insufficient evidence to
    continue. Sutthirak, wanted on a warrant for the June 2009 attack at
    the Al Furqon mosque in Narathiwat, turned himself in to authorities on
    January 14. There was no progress in the case related to the alleged
    getaway driver.
        There were no developments in June 2009 shooting of two Buddhist
    monks in Yala; one monk was killed and the other seriously wounded.
        According to statistics from DeepSouthWatch, between January and
    October separatist violence resulted in 831 individuals killed and
    injured in 1,183 incidents. As in previous years, separatists
    frequently targeted government representatives, including district and
    municipal officials, as well as Buddhist and Muslim civilians.
        Some government-backed civilian defense volunteers, most of them
    ethnic Thai Buddhists from villages in the South, continued to receive
    basic training and weapons from security forces. Human rights
    organizations expressed concerns about vigilantism against ethnic Malay
    Muslims by these defense volunteers and other civilians.

        Physical Abuse, Punishment, and Torture.--The Government continued
    to arrest suspected militants, some of them juveniles, and in some
    cases held them for a month or more under provisions of the Emergency
    Decree and martial law. Human rights organizations considered the
    arrests arbitrary, excessive, and needlessly lengthy, and they
    expressed concerns about detention facility overcrowding. Civil society
    groups accused the army of torturing some suspected militants at
    detention facilities.
        The three southernmost provinces are covered by two security laws.
    Martial law allows for detention without charge up to seven days
    without court or government agency approval in Pattani, Narathiwat, and
    Yala. The Emergency Decree, in effect in the same areas, allows
    authorities to arrest and detain suspects for up to 30 days without
    charge. After the expiration of this period, authorities can begin
    holding suspects under normal criminal law. Unlike under martial law,
    these detentions require the consent of a court of law, although human
    rights NGOs complained that courts did not always exercise their right
    to review these detentions. In some cases a suspect was held first
    under martial law for seven days and then detained for an additional 30
    days under the Emergency Decree. In December 2009 the ISA was imposed
    in lieu of martial law and the Emergency Decree in the four districts
    of Songkhla. The Southern Border Province Police Command stated that
    447 persons were arrested in 2009 under the Emergency Decree, with 12
    killed during arrest or in related skirmishes. It was unclear whether
    any persons were detained under martial law alone.

        Child Soldiers.--There were no reports of persons under the age of
    18 conscripted or recruited into governmental armed forces. There were
    reports that separatist groups recruited teenagers under the age of 18
    to carry out attacks. Human rights organizations alleged that
    separatists used private Islamic schools to indoctrinate ethnic Muslim
    Malay children with a separatist agenda.
        Also see the Department of State's annual Trafficking in Persons
    Report at www.state.gov/g/tip.

        Other Conflict-Related Abuses.--Human rights organizations alleged
    that the military mailed official letters to village headmen or local
    district officers in the four southernmost provinces, inviting them to
    nominate a specific number of ``voluntary villagers'' to attend a
    workshop. Credible sources indicated that villagers who attended these
    training sessions were subject to interrogations and collection of
    biological data (fingerprints, DNA samples, and photographs).
        The Ministry of Education reported that since 2004 insurgents had
    burned more than 330 schools in the South, 40 of them more than once.
    During the year insurgents burned six schools in Yala and Pattani; at
    least three had been burned previously. The Government periodically
    closed schools throughout the region in response to attacks against
    teachers, students, educational facilities, and parents. The Government
    frequently armed ethnic Thai Buddhist and ethnic Malay Muslim
    civilians, fortified schools and temples, and provided military escorts
    to monks and teachers. According to the ministry, 173 teachers,
    students, and education staff had been killed and 284 others injured
    due to separatist violence since 2004. During the year 10 students were
    injured and two were killed; six school personnel were injured and 12
    were killed.
        Separatist violence included attacks on medical facilities.
    According to the Ministry of Public Health, 81 public health volunteers
    had been killed, 50 health volunteers injured, and 25 community health
    centers burned or bombed in the South since 2004.
        While official government statistics were not available, there were
    reports that more than 30 percent of ethnic Thai Buddhists had fled
    violence-affected areas to other provinces.
    Section 2. Respect for Civil Liberties, Including:

        a. Freedom of Speech and Press.--The constitution and law
    specifically provide for freedom of speech and of the press with some
    exceptions, although the Government limited these rights during the
    year.
        Freedom of speech and of the press occasionally were curtailed by
    government interference and the use of provisions authorized under the
    Emergency Decree. Attempts by the Government to hamper freedom of
    expression on the Internet increased. Television and radio broadcasters
    also were monitored closely, and the Government exerted pressure on
    broadcast media to cooperate in disseminating constructive and
    ``balanced'' news, especially after the April 7 invocation of the
    decree in response to the onset of civil unrest. Nevertheless, the
    media and civil society vocally criticized government authorities
    throughout the year. Print, broadcast, and online media covered news
    critical of the Government and senior-level officials and carried
    interviews with opposition figures.
        The international and independent media were allowed to operate
    freely, except in coverage of matters deemed a threat to national
    security or offensive to the monarchy.
        By law the Government may restrict freedom of speech and of the
    press to preserve national security, maintain public order, preserve
    the rights of others, protect public morals, and prevent insults to
    Buddhism. The law allows police under a court order to restrict or
    confiscate publications and other materials for disturbing the peace,
    interfering with public safety, or offending public morals.
        By invoking the Emergency Decree, the Government can restrict print
    and broadcast media, online news, and social media networks. The decree
    empowers the Government ``to prohibit publication and distribution of
    news and information that may cause the people to panic or with an
    intention to distort information.'' It also authorizes the Government
    to censor news considered a threat to national security. These powers
    were employed beginning in April and continued through the end of the
    year.
        Lese majeste provisions in the criminal code make it a criminal
    offense punishable by up to 15 years' imprisonment to criticize the
    king, queen, royal heir apparent, or regent. The provisions allow
    private citizens to initiate lese majeste complaints against each
    other, and there were several cases in which private citizens did so.
    During a December 2009 speech, Prime Minister Abhisit announced the
    establishment of a committee to advise the police, DSI, and Ministry of
    Information and Communication Technology (MICT) on the careful,
    appropriate, and fair conduct of lese majeste cases. The committee,
    chaired by Permanent Secretary to the Ministry of Justice Kittipong
    Kittayarak, held its first meeting on January 12.
        On October 20, prosecutors indicted Surachai Danwattananusorn,
    leader of the antigovernment Red Siam Group, on lese majeste charges
    relating to a speech he made at a rally in 2008. He remained free on
    bail awaiting a trial date at year's end.
        On November 2, the Metropolitan Police announced that arrest
    warrants had been issued for two unnamed women shown in a photograph
    holding placards with lese majeste content during a red-shirt rally
    near Democracy Monument on October 10. By year's end the two women had
    not been arrested.
        On November 24, former UDD leader Worawut Tanungkorn (Suchart
    Narkbangsai) was sentenced to three years in prison for comments made
    during a speech at a red-shirt rally at Sanam Luang in 2008 deemed to
    be in violation of lese majeste. Worawut was arrested on November 1
    after evading arrest for more than two years.
        The appeal of political activist Daranee Charnchoengsilpakul,
    sentenced in August 2009 to 18 years in prison on three counts of lese
    majeste, was pending at year's end. On August 3, the appeals court
    denied a request for bail.
        The 2008 case against social activists Chotisak Ongsoong and
    Songkran Pongbunjan, who were charged with lese majeste for not
    standing for the royal anthem in a movie theater in 2007, remained
    pending at year's end.
        The 2008 lese majeste case against social critic Sulak Sivaraksa
    remained pending at year's end.
        Two separate lese majeste cases filed in 2008 against journalist
    Jonathan Head, former BBC Bangkok bureau chief, remained pending at the
    end of the year. The charges originated from remarks Head made in 2007
    at panel events at the Foreign Correspondents' Club of Thailand (FCCT),
    as well as a claim that his reporting over a two-year period ``damaged
    and insulted the reputation of the monarchy.''
        There was no government ownership or control of print media.
    Political figures, prominent families, and large media conglomerates
    owned large stakes in many leading newspapers.
        Government entities owned and controlled all radio and broadcast
    television stations, including the 524 officially registered
    ``regular'' AM and FM stations. The armed forces and police owned
    another 244 radio stations, ostensibly for national security purposes.
    Other owners of national broadcast media included the Government's
    Public Relations Department and the Mass Communication Organization of
    Thailand, a former state enterprise of which the Government owned a
    majority share. Nearly all stations were leased to commercial
    companies.
        The 2008 Broadcasting Act governs the regulation of radio and
    television frequencies. The act provides for three categories of
    broadcast licenses: public service, community service, and commercial.
    On December 20, the Frequency Allocation Bill, which establishes a
    National Broadcasting and Telecommunications Commission to allocate
    broadcast frequencies and regulate broadcast media, received royal
    approval and was signed into law; by law the commission must be formed
    within 180 days.
        Radio stations must renew their licenses every seven years. Radio
    signals are broadcast via government transmitters. Stations are
    required by law to broadcast 30-minute, government-produced newscasts
    twice daily. Under new regulations governing community radio operations
    that took effect in July 2009, community radio operators were granted a
    30-day period to register for temporary 300-day trial operating
    licenses with the National Telecommunications Commission. According to
    the Government, by year's end more than 7,000 community radio operators
    had registered. The Government warned community radio operators who
    failed to register that they would be considered illegal if they
    continued to operate and could be charged with unlicensed use of
    transmitters and radio frequencies. At year's end there were few
    reports of government action against unlicensed operators, estimated to
    be numerous.
        According to the Thai Journalists Association, the Government did
    not interfere with the freedom of mainstream print newsrooms during the
    political unrest. However, authorities shut two UDD-sponsored magazines
    in May during the political unrest, ThaiRed News and Voice of Thaksin,
    claiming they were a threat to national security. On June 24, in
    response to the forced closings, a group of UDD members launched
    another UDD-leaning news magazine called Red Power. Under the auspices
    of the Emergency Decree, authorities closed its printing facility in
    September; however, by November Red Power was back on the newsstands,
    reportedly being printed in a neighboring country.
        On April 7, Deputy Prime Minister Suthep Thaugsuban, citing a
    threat to national security, ordered the closure of the People's
    Channel (PTV), the satellite television station operated by the UDD.
    Suthep alleged that PTV was spreading distorted information about the
    Government's handling of the red-shirt protests; the Government
    subsequently distributed clips of PTV broadcasts of protest leaders
    calling for widespread arson. In addition PTV's related Web sites were
    blocked.
        On April 13, acting under the authority of the Emergency Decree,
    the Government ordered satellite operator Thaicom to terminate the
    signal of D-station, the satellite television outlet operated by the
    UDD. Days later police raided D-station operations in Bangkok and
    seized broadcasting equipment. D-station resumed broadcasting in May.
        According to the National Telecommunications Commission, by year's
    end at least 25 community radio stations had been shut after the
    Government invoked the Emergency Decree in April. In Chiang Mai
    Province, police searched a community radio station known to support
    the UDD and seized its transmission equipment; the station resumed
    broadcasting politically related content in September. Provincial ISOC
    branches also asked community radio stations to not incite unrest and
    warned that they would be closed if they failed to comply. In Udon
    Thani Province, police raided a pro-UDD community radio station and
    seized its transmission equipment; the director was charged with
    operating radio equipment without a license and released on bail. Some
    pro-UDD radio stations later resumed operations, but most if not all
    reportedly were self-censoring political content. One radio station
    manager reported that many stations did not have the money to reopen,
    particularly after their broadcasting equipment was confiscated by
    government officials and never returned.
        On April 16, Taxi Radio FM 106.8, a station affiliated with the
    red-shirt movement in Bangkok, shut the station after the Government
    reportedly succeeded in jamming the frequency. The station later
    resumed broadcasting with only sports news and entertainment content;
    the former station manager reportedly was in hiding.
        On June 16, the censorship board banned a television commercial
    entitled ``Thailand, We Apologize,'' citing its potential to cause
    unrest. The commercial featured scenes of riots and arson as well as
    clashes between protesters and security forces in Bangkok.
        There were reports that journalists were subject to harassment,
    intimidation, and violence due to their reporting, particularly during
    the period of political unrest in March through May. The deaths of two
    foreign journalists killed while covering the antigovernment protests
    in Bangkok in April and May remained under investigation.
        On July 27, journalist Kongpop Sawasdi, a reporter for the Thai
    Rath newspaper in Nakhon Pathom Province who also owned the local
    newspaper Pathom Post, was shot and killed at a local restaurant. The
    journalist had previously written a series of articles investigating a
    corruption case involving a local politician. On August 17, police
    announced that seven suspects had been arrested. The case continued at
    year's end.
        The case of Samraeng Khamsanit, a reporter whose car was set on
    fire in 2008, as well as the shooting cases of Matichon reporters
    Surayud Yongchaiyudh and Atiwat Chainurat in 2008, remained under
    investigation. All three victims were believed to have been targeted
    for their politically sensitive reporting.
        Print media criticism of political parties, public figures, and the
    Government was common. Journalists generally were free to comment on
    government activities and institutions without fear of official
    reprisal; however, they occasionally practiced self-censorship,
    particularly with regard to the monarchy and national security.
    Broadcast media was subject to government censorship both directly and
    indirectly, and self-censorship was evident. Nevertheless, broadcast
    media reported criticism of the Government.
        Defamation is a criminal offense, punishable by a fine of up to
    200,000 baht (approximately $6,250) and two years' imprisonment.
    Criminal courts made several rulings on defamation and libel cases
    against media figures, political activists, and politicians.
        People's Alliance for Democracy leader Sondhi Limthongkul, found
    guilty in September 2009 of defamation for statements made against a
    former deputy prime minister during a weekly show presented on ASTV in
    2007, continued to appeal his case. Sondhi was sentenced to two years
    in prison without probation and was released on bail.
        On September 2, a criminal court found Sondhi Limthongkul and ASTV
    program host Sarocha Pornudomsak guilty of defaming former prime
    minister Thaksin Shinawatra. The charges stemmed from remarks made by
    Sondhi about Thaksin while visiting supporters in the United States in
    2007; the remarks were subsequently broadcast on ASTV. The pair were
    sentenced to two years in prison, subsequently reduced to six months'
    probation, and fined 20,000 baht ($625).
        Two issues of The Economist magazine had distribution disrupted due
    to the sensitive nature of their content. The March 20 issue, which
    included an article about the monarchy entitled ``As the Father Fades,
    His Children Fight,'' was not made available to subscribers, due to
    concerns about the sensitivity of its content and the potential risk
    placed on distributors. The May 22 issue, which included articles
    entitled ``The Battle of Bangkok'' and ``A Polity Imploding,'' was
    shared with distributors; however, the newsstand distributor decided
    not to place the issue on newsstands. The May 22 issue was distributed
    to subscribers.
        Local television stations came under heavy criticism from UDD
    members for what they claimed was one-sided coverage of events, and UDD
    protesters reportedly attacked local television crews during
    demonstrations in Bangkok.
        During antigovernment protests on March 27 and April 4, and again
    on August 31, state-run NBT Channel 11 was attacked with grenades. The
    attacks remained under investigation.
        On May 19, in the aftermath of the Government's move to disperse
    the protesters from the Bangkok city center, a group of persons
    believed to be affiliated with the red-shirt protest movement set fire
    to the building that housed the Channel 3 television station, causing
    severe damage.

        Internet Freedom.--The Government imposed some restrictions on
    access to the Internet and reportedly monitored Internet chat rooms.
    Individuals and groups generally could engage in the peaceful
    expression of views via the Internet, including by e-mail; however,
    there were limitations. Internet access was available and used by
    citizens in urban and rural areas, with an estimated penetration of 31
    percent.
        The 2007 Computer Crime Act (CCA), which created new computer crime
    offenses, establishes procedures for the search and seizure of
    computers and computer data in certain criminal investigations, and it
    gives the MICT authority to request and enforce the suspension of
    information disseminated via computer. Under the act a court order is
    required to ban a Web site; however, this was not always applied in
    practice. A maximum five-year prison sentence and a 100,000 baht
    ($3,125) fine can be imposed for posting false content on the Internet
    that undermines public security, causes public panic, or hurts others.
    A maximum 20-year sentence and 300,000 baht ($9,375) fine can be
    imposed if an offense results in the death of an individual. It also
    obliges Internet service providers to preserve all user records for 90
    days, in the event that officials wish to access them. In addition any
    service provider who gives consent to or intentionally supports the
    publishing of illegal content is also liable. Most prosecutions under
    the CCA were for content-related offenses. Media activists criticized
    the law, stating that the offenses were defined too broadly and some
    penalties were too harsh.
        Additionally, the Government used provisions of the Emergency
    Decree to block thousands of Web sites and specific URLs. Unlike the
    CCA, under the decree authorities are not required to obtain a court
    order when blocking a Web site or a specific URL. Web site operators
    whose sites are blocked under the decree are given no warning, and
    there is no appeals process. Despite the lifting of the decree on
    December 22, Web sites blocked under such provisions remained
    inaccessible at year's end.
        There was a significant increase in Internet censorship, and the
    CCA and the Emergency Decree were used to stifle freedom of expression.
    The Government closely monitored and blocked thousands of Web sites
    that expressed antigovernment sentiment and those that were deemed
    critical of the monarchy. Many political Web boards and discussion
    forums chose to self-censor and closely monitored discussions to avoid
    being blocked. In addition many newspapers disabled or restricted
    access to their public comments sections to minimize exposure to
    possible lese majeste charges.
        According to a report from i-Law, the Government used the CCA to
    block almost 44,000 specific URLs, approximately 88 percent of which
    were for lese majeste-related content. The research also revealed that
    the courts took relatively little time to review a URL before granting
    the order to block access, often granting the order to block on the
    same day that MICT made the request. The number of URLs blocked on each
    court order varied but typically numbered in the hundreds.
        On April 1, Thanthawut Thaweewarodomkul, also known by his online
    name Red Eagle, was arrested in Bangkok and charged with lese majeste
    under provisions of the CCA. Thanthawut, who denied all charges, was
    the alleged Web master of a UDD Web site. He was awaiting trial at
    year's end.
        On April 8, the Government, under the authority of the Emergency
    Decree, issued an order to close 36 Web sites that were accused of
    being a threat to national security. Although most of the blocked sites
    were pro-UDD Internet forums and blogs, Prachatai.com, a politically
    neutral Web site known to be critical of the Government, was also on
    the list. Also under the decree, the Government blocked access to
    numerous UDD-affiliated Facebook and Twitter accounts; the majority of
    these Web sites remained inaccessible at year's end. Additionally, a
    number of Web sites chose to self-censor, voluntarily discontinuing
    their services by shutting their Web sites or changing their content.
        On April 9, the MICT announced that it had restricted access to
    10,000 URLs and other online content deemed inappropriate or a threat
    to national security. The MICT also announced that it would begin
    focusing its attention on content posted on social networking sites
    such as Hi5, Facebook, and Twitter.
        On April 30, authorities arrested Wipas Raksakulthai in Rayong
    Province for posting an alleged lese majeste comment on his Facebook
    page, the first known social networking-related arrest under the CCA.
    His case was pending at year's end.
        On September 13, the DSI announced via its Web site that an arrest
    warrant, dated May 24, had been issued for Thanapol Bamrungsri for
    comments posted on his Facebook page deemed in violation of lese
    majeste laws. At year's end no arrest had been made.
        On September 24, Prachatai.com executive director Chiranuch
    Premchaiporn was arrested at Suvarnabhumi International Airport on lese
    majeste charges related to comments posted on her Web site by a user in
    2008. She was transported to Khon Kaen Province and was granted bail
    early on September 25. Her case was pending at the end of the year.
    Chiranuch was also arrested in March 2009 and charged with violating
    article 15 of the CCA for allowing material on her Web board considered
    offensive to the monarchy; her trial in this earlier case was scheduled
    for February 2011.
        Squadron Leader Chanin Khlaikhlung, of the Royal Thai Air Force,
    surrendered to police on November 17 after his supervisor filed a lese
    majeste complaint against him for comments about the monarchy posted on
    his Facebook page. His case remained pending at year's end.
        Suwicha Thakhor received a royal pardon and was released from
    prison on June 28, after serving part of his 10-year sentence following
    a lese majeste conviction under CCA provisions in April 2009.
        Thiranan Vipuchanan, Katha Pajajiriyapong, Somchet Ittiworakul, and
    Thassaporn Rattawongsa, arrested in November 2009 for allegedly
    spreading false information on the Internet about the king's medical
    condition and thus endangering national security, remained free on bail
    while awaiting the results of a police investigation.

        Academic Freedom and Cultural Events.--There were no government
    restrictions on academic freedom.
        Cultural events may be censored, usually for reasons of public
    decency. Under the 2008 Film Act, the state is authorized to ban the
    release of movies that ``offend the monarchy, threaten national
    security, hamper national unity, insult faiths, disrespect honorable
    figures, challenge morals, or contain explicit sex scenes.'' Section 25
    of the act stipulates that all films to be screened, rented, exchanged,
    or sold in the country must be screened and approved by the Film and
    Video Classification Committee. The film Insects in the Backyard, which
    tells the story of a transgendered single father and features scenes
    with child prostitutes and homosexual sex, was banned by the Culture
    Ministry's National Film Board for immorality and scenes considered
    pornographic. Additionally, theater owners and broadcasters frequently
    censored films before submitting them to the board. As part of the 2008
    act, a seven-tiered rating system was introduced in August 2009. Movie
    theaters also had to apply for operation licenses by September 2009 or
    pay up to one million baht ($31,250) in fines. There were no reports
    that fines were levied or any other restrictions acted upon during the
    year.

        b. Freedom of Peaceful Assembly and Association.--Freedom of
    Assembly.--The constitution provides for freedom of assembly, and the
    Government generally respected this right with some exceptions. Martial
    law, which gives the military authority to restrict freedom of
    assembly, was in effect in 31 provinces. The Emergency Decree, which
    covered as many as 27 provinces during the year, also gives the
    Government the authority to limit freedom of assembly.
        The provinces of Surat Thani, Phuket, and Phang Nga have provisions
    that prohibit migrant workers--specifically those from Cambodia, Burma,
    and Laos--from forming gatherings, among other restrictions, while
    Samut Sakhon Province prohibits gatherings of more than five persons.
    The provisions were not strictly enforced. Employers and NGOs could
    request permission from authorities for migrant workers to hold
    cultural gatherings and were often not required to do so if the
    gatherings were on private property.
        Throughout the year the UDD network staged protests in Bangkok and
    other areas of the country. Demonstrations in Bangkok drew as many as
    100,000 persons in March. The protests began on March 12 as UDD
    supporters began to converge on Bangkok. On March 16, protesters
    collected their own blood and began splashing it on the offices of the
    prime minister and the ruling party headquarters. On April 3, the
    demonstrators began occupying the Ratchaprasong intersection, located
    at the heart of Bangkok's commercial district. On April 7, thousands of
    protesters stormed parliament, seizing weapons from bodyguards and
    forcing legislators to flee. In response the Government invoked the
    Emergency Decree, restricting all political gatherings of more than
    five persons. The restriction was not enforced until May 19.
        On April 10, violent clashes occurred between UDD protesters and
    government security forces on Ratchadamnoen Road near Phan Fah Bridge;
    live ammunition and military-grade weaponry was used by both sides,
    according to eyewitness reports and the media. By the following
    morning, 25 persons had been killed, including 10 protesters, nine
    civilians, one foreign journalist, and five members of the security
    forces. The circumstances surrounding the deaths were under
    investigation at year's end.
        On April 21, UDD protesters clashed with progovernment protesters
    near Silom Road, using bottles, slingshots, and fireworks, causing
    several injuries. On April 22, a series of M-79 grenade attacks on a
    mass transit station in Bangkok killed one person and injured more than
    50. On April 28, one soldier was killed and 19 persons were wounded as
    protesters and security forces clashed near Don Muang Airport. The
    soldier's death was initially reported in the media as a case of
    ``friendly fire''; however, it remained under investigation. On April
    29-30, hundreds of UDD protesters forced their way into Chulalongkorn
    Hospital, searching for soldiers who they believed were stationed
    there, causing the hospital to close and transfer patients to other
    hospitals.
        On May 13, two protesters were killed, including Major-General
    Khattiya Sawasdipol, the self-described military adviser to the UDD,
    who was shot in the head by a sniper while giving a media interview. On
    May 14, protesters clashed with police and army units as they began
    surrounding the protesters' main camp. Small-scale clashes between
    armed protesters and security forces continued outside the perimeter of
    the protest encampment, with dozens of deaths and hundreds of injuries
    reported. On May 19, security forces dispersed the protesters, with
    casualties reported on both sides, along with a foreign journalist.
        At year's end government and independent fact-finding commissions
    were investigating the April and May clashes between security forces
    and antigovernment protesters.

        Freedom of Association.--The constitution specifically provides for
    freedom of association, although exceptions are made ``to protect
    public interests, to maintain public peace and order or good morals, or
    to prevent economic monopoly.''
        The law prohibits the registration of parties with the same name or
    emblem as that of a dissolved political party. Legal experts maintained
    that the law was designed to inhibit the reregistration of the Thai Rak
    Thai political party, which the Constitutional Court dissolved in 2007.

        c. Freedom of Religion.--For a complete description of religious
    freedom, please see the 2010 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. The Government generally respected these rights in
    practice, with some exceptions for ``maintaining the security of the
    state, public peace and order or public welfare, town and country
    planning, or youth welfare.'' The Government generally cooperated with
    humanitarian organizations in providing protection and assistance to
    internally displaced persons, refugees, returning refugees, asylum
    seekers, stateless persons, and other persons of concern, although with
    restrictions.
        Members of hill tribe minorities who were not citizens were issued
    identity cards that restricted their freedom of movement. Holders of
    such cards were prohibited from traveling outside their home district
    without prior permission from the district head and needed permission
    from the provincial governor to travel outside their home province.
    Offenders were subject to fines and jail terms. Persons without a card
    could not travel at all. Human rights organizations reported that
    police at inland checkpoints often asked for bribes in exchange for
    allowing stateless persons to move from one district to another.
        Refugees residing in the nine camps on the border with Burma were
    not granted freedom of movement and were legally confined to refugee
    camps. If caught outside one of the official camps, a refugee is
    subject to fines, detention, deregistration, and deportation.
        Other long-time noncitizen residents, including thousands of ethnic
    Shan and other nonhill tribe minorities, were required to seek
    permission from local authorities or the army for foreign and domestic
    travel.
        The law prohibits forced exile, and the Government did not practice
    it.

        Protection of Refugees.--The country is not a signatory to the 1951
    Convention relating to the Status of Refugees or its 1967 protocol, and
    the law does not provide for the granting of asylum or refugee status.
    Nevertheless, authorities continued the country's longstanding practice
    of hosting significant numbers 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 on account
    of their race, religion, nationality, membership in a particular social
    group, or political opinion.
        Asylum seekers and non-Burmese refugees who reside outside the
    official refugee camps are considered illegal migrants by law. If
    captured, they are detained at IDCs in Bangkok and other provinces.
    Conditions in many IDCs were poor, often stemming from overcrowding and
    poor ventilation. Some refugees and asylum seekers held at IDCs
    suffered from physical and mental health problems. Refugees are unable
    to work legally in the country. Burmese refugees in the official camps
    are formally prohibited from working or earning a livelihood outside
    the camps.
        The Government allowed undocumented migrant workers from three
    neighboring countries to work legally in certain sectors of the economy
    if they registered with authorities and began a process to document
    their status (see section 7.e.).
        Provincial Admissions Boards (PABs), the Government's screening
    process for Burmese asylum seekers, were reactivated in 2009 on a pilot
    basis in four refugee camps following a four-year hiatus. At year's end
    the results of the pilot screening were under review by the Government,
    and the planned expansion of the screening process to the remaining
    five camps during the year had not occurred. While the Government
    generally cooperated with humanitarian organizations in assisting
    refugees in official camps, cooperation with the UNHCR to protect
    certain groups remained uneven. The UNHCR was formally forbidden to
    conduct refugee status determinations or provide its protection mandate
    to Lao Hmong, North Koreans, and Burmese (including Rohingya) outside
    the official camps. The UNHCR continued to have access to asylum
    seekers in the main IDC in Bangkok to conduct status interviews and
    monitor new arrivals. Several resettlement countries were allowed to
    conduct processing activities, and NGOs were able to provide health
    care, nutritional support, and other assistance there as well.
        The Government continued to allow the UNHCR to monitor the
    protection situation of more than 144,000 Burmese refugees and asylum
    seekers living in nine camps along the Burmese border but prohibited
    the UNHCR from having an assistance role in the camps. NGOs provided
    basic humanitarian assistance in the camps. Government authorities
    issued identification cards to registered refugees living in the camps.
    The Government allowed NGOs to provide food, education, shelter, water,
    sanitation, housing, and other services to Burmese in the camps. An
    estimated 45,000 Burmese were not registered due to the defunct status
    of the PABs. Government officials did not distinguish between asylum-
    seeking Burmese and other undocumented Burmese migrants outside the
    designated camps, regarding all as illegal migrants. Generally, those
    arrested were taken to the border and deported.
        The Government continued to facilitate third-country resettlement
    of camp refugees, and during the year 11,107 Burmese were resettled
    from camps to other countries.
        The Government convened a special ``fast track'' PAB screening
    process for certain persons affected by the 2007 repression of
    prodemocracy protesters in Burma. By the end of 2007, the special PAB
    had approved 98 persons for refugee status and allowed their third-
    country resettlement. During the year special ``fast track'' PAB
    screenings were initiated for two humanitarian cases. The PAB approved
    11 persons, permitting them to seek third-country resettlement.
        Many Burmese asylum seekers--mostly those seeking refuge from
    border skirmishes--were returned to Burma by army border units before
    they could reach the established refugee camps. During the year
    thousands of asylum seekers entered the country and the refugee camps.
    In July officials confirmed that 922 ethnic Karen had crossed into Tak
    Province seeking asylum in anticipation of fighting between Democratic
    Karen Buddhist Army factions after a breakdown in negotiations with the
    Burmese government. After two days the army facilitated their return to
    Burma with the promise that the asylum seekers could return if fighting
    erupted.
        From November 7 until the end of the year, approximately 30,000
    ethnic Karen and other Burmese entered the country at Mae Sot, Phop
    Pra, and Three Pagodas Pass to flee fighting between the Democratic
    Karen Buddhist Army, often aligned with other ethnic armies, and the
    Burmese army. In the months prior to the Burmese elections, the UNHCR
    and NGOs working in and around the official camps had conducted
    contingency planning at the request of the RTA. While fighting was
    underway, fleeing populations generally were permitted to remain in the
    country at designated sites outside the official camps. The UNHCR,
    NGOs, and community-based organizations were able to provide food,
    water, shelter, health, and sanitation services to most populations.
    When the fighting ceased, the Thai army facilitated the return of the
    displaced Burmese to Burma with the promise that they could cross again
    if fighting resumed. Some small groups of refugees remained in
    Thailand, waiting for conditions to improve before returning to Burma.
    Some NGOs reported both coerced and forced returns by the Thai army.
    The UNHCR confirmed that forced returns occurred at Wah Lay on December
    25.
        In late 2008 and early 2009, 79 Rohingya and Bangladeshi migrants
    who arrived by sea were caught and detained in an IDC. In July 2009 two
    died of illness while in detention. On February 28, 28 Bangladeshi
    migrants from this group were repatriated, and one Rohingya was
    deported to Burma. During the year one person died of illness in
    detention and one was released. At year's end 46 members of the group
    remained in indefinite detention at Suan Phlu IDC. NGO groups had
    regular access to the detained Rohingya.
        The Immigration Police conducted sweeps in Bangkok and the southern
    region of the country from October to December, arresting and detaining
    208 Sri Lankan Tamils, including women and children. Of this group, 195
    were UNHCR-designated persons of concern. At least 119 remained in
    detention at year's end. In December the Immigration Police conducted
    similar operations in Bangkok in a Pakistani Ahmadi community and
    detained 84 persons, including 54 women and children; all were refugees
    or asylum seekers.

        Stateless Persons.--A significant number of stateless persons, many
    of whom are known as highlanders or members of hill tribes, resided in
    the country, concentrated in the northern region. Others migrated from
    Burma but are not ethnic Burmese and do not have Burmese citizenship.
    Still others fall into neither category. According to the 2009 UNHCR
    statistics of stateless persons in the world, there were approximately
    3.5 million stateless persons in the country. This total included
    approximately one million members of hill tribes and displaced persons
    holding various registration cards issued by government agencies; one
    million registered illegal migrant workers from Burma, Laos, and
    Cambodia; 148,000 refugees from Burma residing in camps along the Thai-
    Burma border; and 1.5 million to two million unregistered illegal
    migrant workers.
        Citizenship is not automatically conferred by birth within the
    country. By law citizenship is based either on birth to one or both
    Thai parents, marriage to a Thai man, or naturalization. It can also be
    acquired by means of special government-designated criteria implemented
    by the MOI with approval from the cabinet. Finally, it can be granted
    as a result of the 2008 nationality law (see also section 6, Children).
    Progress was made in removing some of the significant obstacles to
    establishing citizenship--specifically, the requirements for certain
    documentary evidence and witnesses. The labyrinth of citizenship-
    related laws and regulations and the existence of substantial gray
    areas within and among them continued to lead to their uneven
    application as well as extortion by corrupt local officials.
        The 2008 nationality law provides citizenship eligibility to
    certain categories of previously ineligible highlanders, streamlining
    citizenship registration and easing evidentiary requirements. A
    subcommittee of the National Security Council approved granting of
    permanent residency permits and naturalization for approximately
    200,000 registered stateless persons residing in the country for 20 to
    30 years. An additional 500,000 unregistered stateless persons were
    pending consideration by the same subcommittee.
        The 2008 Civil Registration Act stipulates that every child born in
    the country will receive an official birth certificate, regardless of
    the parents' legal status. Some stateless persons born in the country
    who may have been able to prove citizenship eligibility often waived
    that right to classify themselves as ``migrants,'' thereby gaining
    access to public health care and certain jobs unavailable to stateless
    persons. In doing so these individuals lost any claim for citizenship
    eligibility that they previously held. The nationality law allows these
    individuals to reclaim their eligibility provided they relinquish
    migrant worker status and take certain steps, such as surrendering work
    permits.
        Previously, implementation of the Civil Registration Act was not
    uniform, often depending on local authorities' knowledge, ability, and
    willingness to follow the law; however, the Government, with support
    from the UNHCR, UN Children's Fund (UNICEF), and UN Educational,
    Scientific, and Cultural Organization (UNESCO), launched a nationwide
    campaign for universal birth registration for refugee children in
    camps. Ministerial regulations and guidelines were issued to address
    gaps in knowledge and understanding to implement this policy
    effectively. Additionally, the Government approved the withdrawal of
    the country's reservation on article 7 of the Convention on the Rights
    of the Child regarding birth registration and nationality.
        The 2005 national strategy permits individuals who lack legal
    status and entered the country before January 1995 to remain in the
    country temporarily and apply for legal status, including citizenship.
    However, at year's end some implementing regulations remained under
    development.
        Stateless highland women encountered more barriers to citizenship
    than did men. Tribal customs and traditions subjected women to a social
    status that limited their access to postprimary education and political
    opportunities that would have contributed to knowledge of the
    citizenship process. Many stateless highland women had few economic
    opportunities outside the home and therefore could not afford the
    bribes sometimes demanded for processing citizenship applications.
    Highlanders claimed to have paid district officials 3,000 to 49,000
    baht ($94 to $1,530), although there is no official processing cost for
    citizenship. NGOs reported that some local officials pressed women into
    offering sexual favors in exchange for accelerating their citizenship
    registration.
        Many stateless highlanders lived in poverty. As noncitizens they
    could not vote, own land, or travel outside their home district or
    province without prior permission. Stateless persons also had
    difficulty accessing credit and government services, such as health
    care. The law also prohibits stateless persons from participating in
    certain occupations reserved for citizens, most notably farming;
    however, in practice officials permitted noncitizen highlanders to
    undertake subsistence agriculture. Without legal status, stateless
    persons were also subject to arrest, deportation, extortion, and other
    forms of abuse. UNESCO officials asserted that lack of legal status was
    the single greatest risk factor for trafficking or other exploitation
    of highlanders, such as by being forced into the drug trade or other
    sectors of the underground economy, as a result of being precluded from
    many legitimate economic opportunities.
        Any stateless person wishing to travel outside the country must
    have an exit permit. The Ministry of Foreign Affairs issued exit
    permits to stateless persons to study abroad. Other long-time
    noncitizen residents, including thousands of ethnic Shan and other
    nonhill tribe minorities, were required to seek permission from local
    authorities or the army for foreign and domestic travel.
    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 through periodic, free, and fair elections based
    on universal, compulsory suffrage. The constitution provides for the
    election of all members of the 480-seat House of Representatives and 76
    members of the 150-seat Senate. It also provides for the appointment of
    74 additional Senate members by members of the judiciary and other
    regulatory bodies.

        Elections and Political Participation.--The 2007 national election
    for the House of Representatives generally was considered free and
    fair; however, there were allegations of widespread vote buying, minor
    procedural irregularities, and scattered but unconfirmed reports of
    intimidation by local military and government officials. International
    observers stated that the martial law in effect in parts of the country
    during the election was inconsistent with international norms.
        During the year five by-elections were held. The Election
    Commission of Thailand (ECT) reported 62 complaints of election fraud
    related to campaign promises or vote buying. There were no reports of
    election-related violence during the year.
        In the parliament all 150 allotted seats for senators were filled.
    Of the 480 allotted seats for the House of Representatives, five were
    not filled due to party dissolutions. In September 2009 the ECT
    disqualified 16 representatives for unconstitutional stock holdings
    that created conflicts of interest and sent their cases to the
    Constitutional Court for a final ruling. On November 3, the
    Constitutional Court upheld the disqualification of six of the 16
    representatives. December 12 by-elections filled the seats vacated by
    the court ruling.
        Political parties could operate without restriction or outside
    interference. During the year the ECT dissolved nine parties for
    inability to maintain compliance with the election law, and six parties
    requested to be dissolved.
        There were 85 women in the 630-seat bicameral parliament. Women
    chaired six of the Senate's 22 standing committees but none in the
    lower house. Women held three of the 36 cabinet positions. The
    constitution encourages political parties to consider a ``close
    proximity of equal numbers'' of both genders. Women have the right to
    vote and run for positions, but there were relatively few elected
    female officials.
        Few members of ethnic minorities held positions of authority in
    national politics. Muslims from the South held significant elected
    positions, although they continued to be underrepresented in appointed
    local and provincial government positions. There were 30 Muslim and
    seven Christian members of parliament.
    Section 4. Official Corruption and Government Transparency
        The law provides criminal penalties for official corruption;
    however, government implementation of the law was weak, and officials
    sometimes engaged in corrupt practices with impunity.
        Corruption remained widespread among members of the police force.
    There were numerous incidents of police charged with sexual harassment,
    theft, and malfeasance. There were reports that police tortured, beat,
    and otherwise abused detainees and prisoners, generally with impunity.
    Police officers were arrested for drug trafficking, were reportedly
    involved with intellectual property rights violations, and were
    convicted on extortion charges.
        On February 26, the Supreme Court of Justice's Criminal Division
    for Persons Holding Political Positions (SCCDP) issued its verdict in
    the 76 billion baht ($2.38 billion) asset confiscation case against
    former prime minister Thaksin Shinawatra, ordering 46 billion baht
    ($1.44 billion) to be confiscated on abuse of power grounds. Thaksin
    appealed the verdict on March 26. On August 11, the court ruled in
    favor of the prosecution, closing the case. A July 2009 warrant for the
    arrest of Thaksin continued in force, and the SCCDP case against him
    regarding the Export-Import Bank of Thailand's loan to Burma of four
    billion baht ($125 million) remained suspended. Thaksin continued to
    reside outside the country.
        On December 21, Vice-Minister of Commerce Veerasak Jinarat was
    dismissed from his position by order of the prime minister in response
    to a report from the NCCC implicating him in financial improprieties
    with a rice sale scheme. The NCCC was investigating the case at year's
    end.
        On December 29, a criminal court sentenced Wassana Permlarp, former
    chairman of the Election Commission, and two other former election
    commissioners to two years in prison for malfeasance in office for
    exploiting their positions on the commission to increase their salaries
    in 2004.
        The OAG decided not to pursue charges against one of two former
    senior Anti-Money Laundering Office (AMLO) administrators found guilty
    in May 2009 by the NCCC of abuse of power while they held their
    positions in 2001-02. At year's end the OAG was considering whether to
    pursue charges against the other official, former AMLO secretary
    general Phiraphan Premphuti.
        The case against Wisit Tantisunthorn, former secretary general of
    the Civil Servants' Pension Fund Board and found guilty in 2009 of
    insider trading, was forwarded to the NCCC for further action and
    remained pending at year's end.
        Thaksin's wife, her brother, and her secretary were sentenced in
    2008 to prison terms ranging from two to three years for tax evasion.
    They were released on bail and appealed their sentence in 2008; the
    appeal continued to be examined at year's end.
        The NCCC and OAG continued to investigate allegations of corruption
    committed by the Thaksin government. The findings by the NCCC and OAG
    triggered multiple cases at the SCCDP. The NCCC brought several other
    cases to court and reported that there were 6,407 cases pending
    investigation in June. In the year prior to June, 2,779 cases were
    received, of which 1,104 were completed; 154 of those cases required
    further action, including disciplinary actions, impeachments, and
    referrals to the courts, the OAG, or a joint NCCC-OAG committee.
        In August the OAG decided not to indict three of seven prominent
    former government ministers and other high-ranking officials on charges
    of malfeasance related to a 2007 purchase of fire trucks. The OAG cited
    insufficient evidence for their decision. The NCCC stated it would
    pursue cases against the seven accused without going through the OAG.
    All seven cases were pending at year's end.
        In addition to the NCCC and OAG, other entities playing a role in
    combating corruption included the Anti-Money Laundering Office, Supreme
    Court, Ombudsman's Office, Administrative Court, and MOJ.
        Public officials were subject to financial disclosure laws.
        The constitution provides access to public information, and there
    were no reports that government agencies denied citizens' requests for
    information. If a government agency denies a request, a petition may be
    made to the Official Information Commission, and petitioners may appeal
    the commission's preliminary ruling to an appellate panel. According to
    the commission, the vast majority of petitions were approved. There
    were 453 petitions received and 251 appeals during the year. Requests
    for public information may be denied for reasons of national security
    and public safety.
        On August 12, a foreign court sentenced film producers Gerald and
    Patricia Green to six months in prison for paying a Thai tourism
    official $1.8 million in bribes to secure the rights to manage the
    Bangkok International Film Festival. At year's end no charges had been
    filed against the official who allegedly received the bribe, although
    the NCCC was examining the case.
        The November 2009 and 2008 reports of the UN Group of Experts
    (UNGOE) on the Democratic Republic of the Congo (DRC) presented
    information indicating that Thailand Smelting and Refining Company,
    Ltd. (Thaisarco), which was based in Thailand and owned by Amalgamated
    Metals Corporation (AMC), a United Kingdom-based company, purchased
    minerals from suppliers who sourced their minerals from mines in
    eastern DRC controlled by the Democratic Liberation Forces of Rwanda,
    whose leaders continued to include architects of the 1994 Rwandan
    genocide and which has committed numerous, serious human rights abuses
    in eastern DRC and Rwanda. In addition, according to the UNGOE Report
    of November 2009, Thaisarco purchased minerals from DRC-based
    companies, including World Mining Company (WMC). The UNGOE obtained
    documents showing that WMC received shipments of cassiterite from a
    mining zone where production was controlled by DRC Armed Forces
    soldiers under the command of Lieutenant Colonel Innocent Zimurinda.
    During the year the UN Security Council sanctioned Zimurinda for having
    unlawfully used and recruited child soldiers.AMC announced in September
    2009 that it had ceased purchasing minerals from the DRC.
    Section 5. Governmental Attitude Regarding International and
            Nongovernmental Investigation of Alleged Violations of Human
            Rights
        A wide variety of domestic and international human rights
    organizations generally operated without government restriction,
    investigating and publishing their findings on human rights cases.
    However, NGOs that dealt with sensitive political matters, such as
    opposition to government-sponsored development projects or border
    matters, faced periodic harassment. Human rights workers focusing on
    violence in the southern provinces were particularly vulnerable to
    harassment and intimidation by government agents and militant groups.
    Very few NGOs were accorded tax-exempt status, which sometimes hampered
    the ability of domestic human rights organizations to secure adequate
    funding.
        At year's end police had not identified any suspects in the April
    2009 shooting of Phetchaburi environmentalist and community leader
    Phongthep Hongthong. Police report that the case was suspended until a
    suspect could be identified.
        In April the person arrested for the July 2009 shooting of
    environmentalist and community leader Kittinarong Koetrot in
    Phetchaburi Province was sentenced to 34 years and four months in
    prison.
        Security remained a concern for several groups who were unable to
    register as NGOs with the Government. In September 2009 police visited
    the offices of at least 12 Burmese exile groups on several
    ``immigration raids.'' The groups targeted included the Human Rights
    Education Institute of Burma and the Burmese Women's Union. Ten women
    from the union were detained but later released after paying 5,000 baht
    ($156) each. As a result of these raids, many offices remained closed
    for several weeks.
        The seven-member NHRC is tasked with producing two annual reports
    on the human rights situation in the country. In June Chairwoman Amara
    Pongsapich announced the formation of a committee to look into various
    incidents related to the March-May street protests in Bangkok, but at
    year's end it had not produced a public report. The NHRC received 748
    cases during the year, but modest staffing and resources hampered
    progress.
        The parliament had two committees that addressed human rights
    problems: the House Standing Committee on Legal Affairs, Justice, and
    Human Rights; and the Senate Standing Committee on Human Rights, Rights
    and Liberties, and Consumer Protection. Human rights advocates
    generally believed the committees were well intended but lacked the
    enforcement capability required to be truly effective. They also were
    described as reactive, difficult to access, and hampered by the
    political affiliations of their chairmen.
        Following the dispersal of the antigovernment protests in May,
    Prime Minister Abhisit Vejjajiva, as part of a proposed reconciliation
    plan, formed three commissions to investigate events leading up to and
    including the March-May protests for the purposes of national
    reconciliation. The National Reform Committee, chaired by former prime
    minister Anand Panyarachun, was tasked with creating a plan for
    national reforms across the country. The Assembly for National Reform,
    chaired by Prawase Wasi, was responsible for mobilizing persons from
    all sectors of society to participate in national reform. The Truth and
    Reconciliation Commission, chaired by Khanit na Nakhorn, was charged
    with uncovering the facts related to the deadly violence in April and
    May.
        The Government denied visas to two human rights activists from
    France who were invited to present a human rights report on Vietnam at
    the FCCT on September 13. The Government also pressured the FCCT to
    cancel the event, claiming that it had a long-standing policy of not
    allowing persons or organizations to use the country as a place to
    conduct activities detrimental to other countries.
    Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
        The constitution provides for equal treatment without respect to
    race, gender, religion, disability, language, or social status;
    however, in practice some discrimination existed, and government
    enforcement of equal protection statutes was uneven.

        Women.--Rape is illegal, although the Government did not always
    enforce the law effectively. The criminal code permits authorities to
    prosecute spousal rape, and prosecutions occurred. According to the
    police, 4,255 rape cases were reported during the year, with nine
    additional cases in which the victim was killed. Suspects were arrested
    in 2,397 of the former category of cases and in all nine of the cases
    that resulted in the victim's death. The Health Ministry reported that
    an estimated 25,750 women and children were abused between January and
    November, including approximately 12,000 women more than 18 years old
    and 13,000 children. The ministry reported that the majority of the
    abused children were girls, with most of the cases involving sexual
    abuse.
        NGOs believed that rape was a serious problem. According to
    academics and women's rights activists, rapes and domestic assaults
    were underreported, in part because state agencies tasked with
    addressing the problem were not adequately funded and law enforcement
    agencies were perceived to be incapable of bringing perpetrators to
    justice. Police sought to change this perception and encouraged women
    to report sexual crimes through the use of female police officers in
    metropolitan Bangkok and three other provinces.
        The law specifies a range of penalties for rape or forcible sexual
    assault, depending on the age of the victim, severity of assault, and
    physical and mental condition of the victim after the assault;
    penalties range from four years' imprisonment to life as well as fines.
    The law also provides that any individual convicted twice for the same
    criminal rape offense in three years is liable to receive increased
    penalties for recidivism, which include monetary fines and harsher jail
    sentences. The amount of the penalty depends on such factors as the
    severity of the injury or the death of the victim and generally varies
    from 30,000 baht ($940) to 150,000 baht ($4,700).
        Domestic violence against women was a significant problem. The 2007
    Protection of Victims of Domestic Violence Act imposes a fine of up to
    6,000 baht ($190) or up to six months' imprisonment for violators and
    provides authorities, with court approval, the power to prohibit
    offenders from remaining in their homes or contacting family members
    during trial. The law implements measures designed to facilitate the
    reporting of domestic violence complaints and reconciliation between
    the victim and the perpetrator. Additionally, the law restricts media
    reporting on domestic violence cases in the judicial system.
        Some domestic violence crimes, particularly cases where the victim
    was seriously injured, were prosecuted under provisions for assault or
    violence against a person where harsher penalties could be levied.
    Domestic violence frequently went unreported, and police often were
    reluctant to pursue reports of domestic violence. NGO-supported
    programs included emergency hotlines, temporary shelters, and
    counseling services to increase awareness of domestic violence, HIV/
    AIDS, and other matters involving women. The Government's crisis
    centers, located in some state-run hospitals, cared for abused women
    and children, although several centers faced budget difficulties.
    State-run hospitals referred victims to external organizations when
    services at a hospital were not available. The Ministry of Social
    Development and Human Security (MSDHS) reported that 673 cases of
    domestic violence were recorded during the year in 67 of the country's
    76 provinces.
        The MSDHS continued to develop a community-based system, operating
    in all regions of the country, to protect women from domestic violence.
    The program focused on training community representatives from each
    community on women's rights and abuse prevention to increase community
    awareness of these problems.
        Sex tourism was a problem. According to the MSDHS, there are no
    laws that specifically address sex tourism. However, the criminal code,
    laws on prostitution, and laws combating trafficking in persons contain
    provisions to combat sex tourism.
        Sexual harassment is illegal in both the public and private
    sectors. The law for public-sector employees specifies fines of not
    more than 20,000 baht ($625) for individuals convicted of sexually
    harassment. Private-sector employees must file criminal charges if they
    have a sexual harassment claim. The punishment depends on the degree of
    harassment and age of the victim. Abuse categorized as an indecent act
    may result in imprisonment of up to 15 years and a fine of up to 30,000
    baht ($940). The Civil Servant Regulations Act prohibits sexual
    harassment and stipulates five levels of punishment: probation, docked
    salary, salary decrease, discharge from service, and termination. NGOs
    claimed that the legal definition of harassment was vague and
    prosecution of harassment claims difficult.
        In September the Public Prosecutor's Office dismissed for
    insufficient evidence a case in which a female naval lieutenant claimed
    to have been sexually harassed by a senior army general. On June 29,
    the Defense Ministry also concluded its own investigation into the
    allegation, finding that the complainant was unable to provide
    sufficient information and evidence for a prosecution to proceed. The
    lieutenant also received an official reprimand for not following
    military procedure, since she had made her case public and filed the
    complaint with civilian courts. At year's end the alleged victim was
    considering refiling the case.
        Couples and individuals could decide freely and responsibly the
    number, spacing, and timing of children, and they had the information
    and means to do so free from discrimination. The publicly funded
    medical system provided access to contraceptive services and
    information, prenatal care, skilled attendance during childbirth, and
    essential obstetric and postpartum care. Women had equal access to
    diagnosis and treatment for sexually transmitted infections, including
    HIV.
        According to data from the Population Reference Bureau,
    approximately 70 percent of married women and girls ages 15 to 49 used
    contraception. Although statistics were unavailable, the percentage of
    unmarried women, men, adolescents, ethnic minorities, and migrant
    workers who had access to contraception was estimated to be less.
    Approximately 97 percent of births were attended by skilled health
    personnel, and the lifetime risk for death during childbirth was one in
    500. Prenatal and postnatal care was estimated to be accessible to more
    than 90 percent of mothers and babies.
        Military academies (except for the nursing academy) did not accept
    female students, although a significant number of instructors at the
    military academies were women. After the military reorganization in
    September, 42 women held the rank of general or above across all
    branches of the military and within the Ministry of Defense. The Police
    Cadet Academy for commissioned officers accepts female cadets, and 70
    of 280 new cadets were women. According to the MSDHS, in 2007 women
    held 22 percent of managerial positions in publicly listed companies
    and 35 percent in commercial companies. In 2008 women held 16 percent
    of high-level administrative positions in the Government sector.
    According to the Office of the Civil Service Commission, women held 24
    percent of executive-level positions. Women were able to own and manage
    businesses freely. Government regulations require employers to pay
    equal wages and benefits for equal work, regardless of gender.
    Nonetheless, discrimination in hiring was common, and women were
    concentrated in lower-paying jobs. In practice women received lower pay
    for equal work in many sectors of the economy.
        The Government's Office of Women's Affairs and Family Development
    promotes the legal rights of women, notably through the suboffice of
    the Bureau of Gender Equality Promotion.

        Children.--Citizenship is not automatically conferred by birth
    within the country. By law citizenship is based either on birth to one
    or both Thai parents, marriage to a Thai man, or naturalization. It can
    also be acquired by means of special government-designated criteria
    implemented by the MOI with the approval of the cabinet. Finally, it
    can be granted as a result of the 2008 nationality law. Additionally,
    the Government approved the withdrawal of the country's reservation on
    article 7 of the Convention on the Rights of the Child regarding birth
    registration and nationality (see section 2.d.).
        According to NGOs, highlanders and other stateless individuals on
    occasion did not register births with the authorities because
    administrative complexities, misinformed and unscrupulous local
    officials, language barriers, and restricted mobility made it difficult
    to do so (see section 2.d.).
        Primary education was compulsory, free, and universal. Violence in
    the southern provinces, especially that aimed at public school
    teachers, sporadically forced the temporary closure of public schools
    and disrupted the educational process in those areas. Many NGOs
    reported that most children of registered migrant workers, particularly
    in Chiang Mai and Mae Sot, were permitted to attend public schools;
    however, language barriers, distance from school, and frequent
    relocations to follow parents to new job sites prevented some migrant
    children from attending school. These children remained without access
    to community services provided to children attending public schools,
    such as day-care centers, government-subsidized free milk, and lunch
    privileges. Migrant workers who could afford it often chose to send
    their children to private nurseries or day-care centers at their own
    expense.
        The law provides for the protection of children from abuse, and
    laws on rape and abandonment carry harsher penalties if the victim is a
    child. The law imposes a jail term of seven to 20 years' imprisonment
    and a fine of up to 40,000 baht ($1,250) for sexual intercourse with a
    victim under the age of 13. If the victim is under the age of 15, the
    penalty is four to 20 years' imprisonment and a fine of up to 40,000
    baht ($1,250).
        A 2009 private university-sponsored poll of persons ages 12 to 24
    in the Bangkok area found that 12.9 percent had encountered sexual
    harassment. Police were reluctant to investigate abuse cases, and rules
    of evidence made prosecution of child abuse difficult. The law is
    designed to protect witnesses, victims, and offenders under the age of
    18, and procedures with a judge's consent allow children to testify on
    videotape in private surroundings in the presence of a psychologist,
    psychiatrist, or social worker. However, many judges declined to use
    videotaped testimony, citing technical problems and the inability to
    question accusers and defendants directly in court. Some children's
    advocates claimed that minor female sexual abuse victims received
    better physical and psychological care than male victims did. Persons
    charged with pedophilia are charged under appropriate age of consent
    and prostitution laws. Victims' testimony is handled under the
    provisions of the Child Friendly Procedure Act.
        Child prostitution remained a problem. According to government
    officials, academics, and NGO representatives, children (both boys and
    girls), especially among migrant populations, were sometimes forced,
    coerced, or lured into prostitution. While it was widely believed there
    were fewer incidences of citizens forced into prostitution, children
    from poor families remained vulnerable, and there were some incidences
    of parents who forced their children into prostitution. Pedophilia
    continued, by citizens and foreign sex tourists.
        The 1996 Prostitution Prevention and Suppression Act imposes heavy
    penalties on whoever procures, lures, compels, or threatens children
    under 18 years old for the purpose of prostitution. Section 8 of the
    act provides that a customer who has sexual intercourse with a
    prostitute under the age of 15 shall be subject to two to six years in
    prison and a fine of up to 120,000 baht ($3,750); if the prostitute is
    between the ages of 15 and 18, the prison term is one to three years,
    and the fine is up to 60,000 baht ($1,875). Parents who allow a child
    to enter into prostitution also are punishable and can have their
    parental rights revoked. Those who procure children for prostitution
    face strict penalties, and the punishment is more severe if the minors
    involved are under 15. The penal code prohibits the production,
    distribution, and import or export of child pornography. The penalty is
    imprisonment of not more than three years and a fine of not more than
    6,000 baht ($190). The law also imposes heavy penalties on persons who
    sexually exploit children, both boys and girls, younger than 18 years
    old. It defines punishments for pimping, trafficking for labor
    exploitation, and human smuggling.
        A 2005 study widely cited by NGOs and state agencies estimated
    there were 20,000 street children in major urban centers. However, the
    Government and NGOs could provide shelter to only 10,000 children each
    year. Generally, the children were referred to government-provided
    shelters, but many, especially foreign illegal migrants, reportedly
    avoided the shelters due to fear of being deported. Ultimately the
    Government either sent citizen street children to school, to
    occupational training centers, or to their families with social worker
    supervision. Some street children from other countries were
    repatriated.
        Street children were often omitted from national reports on child
    labor matters, and national statistics on street children often
    included only citizens.
        The country is a party to the 1980 Hague Convention on the Civil
    Aspects of International Child Abduction. For information on
    international parental child abduction, please see the Department of
    State's annual report on compliance at http://travel.state.gov/
    abduction/resources/congressreport/congressreport--4308.html as well as
    country-specific information at http://travel.state.gov/abduction/
    country/country--3781.html.

        Anti-Semitism.--The Jewish community is very small, and there were
    no reports of anti-Semitic incidents.

        Trafficking in Persons.--For information on trafficking in persons,
    please see the Department of State's annual Trafficking in Persons
    Report at www.state.gov/g/tip.

        Persons With Disabilities.--The constitution prohibits
    discrimination against persons with physical, sensory, intellectual,
    and mental disabilities in education, access to health care, or the
    provision of other state services; however, government enforcement was
    not effective. The law also mandates that persons with disabilities
    have access to information, communications, and newly constructed
    buildings, but these provisions were not uniformly enforced. Activists
    continued to work to amend laws that allow employment discrimination
    against persons with disabilities.
        Persons with disabilities who register with the Government are
    entitled to free medical examinations, wheelchairs, and crutches. The
    Government provided five-year, interest-free, small business loans for
    persons with disabilities.
        The Community Based Rehabilitation Program remained active in all
    provinces. The Community Learning Center for People with Disabilities
    project expanded to 30 provinces. A National People with Disabilities
    Day is recognized annually on November 14.
        The Government maintained 43 special schools for students with
    disabilities. The Ministry of Education reported that there were 76
    centers nationwide offering special education programs for preschool-
    age children, one in each province. All state schools nationwide,
    approximately 30,000, are required by law to accept students with
    disabilities. There also were nine government-operated and at least 23
    NGO-operated training centers for persons with disabilities, including
    both full-time and part-time or seasonal centers. The Government
    operated 111 state shelters specifically for persons with disabilities,
    including two day-care centers for autistic children. In addition there
    were private associations providing occasional training for persons
    with disabilities. There were reports of schools turning away students
    with disabilities, although the Government claimed that such incidents
    occurred because schools did not have appropriate facilities to
    accommodate such students.
        Some persons with disabilities who found employment were subjected
    to wage discrimination. Government regulations require private firms
    either to hire one person with a disability for every 200 other workers
    or contribute to a fund that benefits persons with disabilities, but
    this provision was not uniformly enforced. Government officials
    estimated that as many as 50 percent of firms complied with the law;
    the chairman of the Council of Disabled People of Thailand believed the
    number to be 35 to 45 percent, mostly due to inadequate government
    follow-up with companies. Some state enterprises had discriminatory
    hiring policies.

        National/Racial/Ethnic Minorities.--Two groups--former belligerents
    in the Chinese civil war and their descendants living in the country
    since the end of the civil war, and children of Vietnamese immigrants
    who resided in 13 northeastern provinces--lived under laws and
    regulations that could restrict their movement, residence, education,
    and occupation. The Chinese are required to live in the three northern
    provinces of Chiang Mai, Chiang Rai, and Mae Hong Son. According to the
    MOI, none were granted citizenship during the year.

        Indigenous People.--Members of hill tribes who were not citizens
    continued to face restrictions on their movement, could not own land,
    had difficulty accessing credit from banks, and although protected by
    labor laws, often were subjected to labor violations. They also were
    barred from state welfare services such as universal health care.
        The 2008 Nationality Act provides citizenship eligibility to
    certain categories of highlanders who were not previously eligible (see
    section 2.d.). Although the Government supported efforts to register
    citizens and educate eligible hill tribe persons about their rights,
    activists reported that widespread corruption and inefficiency,
    especially among highland village headmen and district and subdistrict
    officials, contributed to a backlog of pending citizenship applications
    as well as improperly denied applications.
        Hill tribe members continued to face societal discrimination
    arising in part from the belief that they were involved in drug
    trafficking and environmental degradation.

        Societal Abuses, Discrimination, and Acts of Violence Based on
    Sexual Orientation and Gender Identity.--There are no laws that
    criminalize sexual orientation. Lesbian, gay, bisexual, and transgender
    (LGBT) groups were able to register with the Government, although there
    were some restrictions on the language that can be used in registering
    their group names. They reported that police treated LGBT victims of
    crime as any other person except in the case of sexual crimes, where
    there was a tendency to downplay sexual abuse or not take harassment
    seriously.
        There was continued discrimination based on sexual orientation and
    gender identity. The Thai Red Cross would not accept blood donations
    from gay men. Some life insurance companies refused to issue policies
    to gay persons, although four major insurance companies agreed to sell
    life insurance policies to LBGT citizens with full transfer of benefits
    to same-sex partners. According to military sources, the armed forces
    did not draft gay or transgendered persons because of the assumed
    detrimental effect on the military's strength, image, and discipline.
    The official rejection rationale recorded in military documentation was
    ``Type 3--Sickness That Cannot Be Cured Within 30 Days,'' as opposed to
    the previously utilized ``Type 4--Permanently Disabled or Mentally
    Ill.'' The law does not permit transgendered individuals to change
    their gender on identification documents. Some major businesses did not
    allow transgendered persons to use their preferred bathrooms. NGOs also
    alleged that some nightclubs, bars, hotels, and factories denied entry
    or employment to gays, lesbians, and transgendered individuals.

        Other Societal Violence or Discrimination.--Persons with HIV/AIDS
    faced the psychological stigma associated with rejection by family,
    friends, colleagues, teachers, and the community, although intensive
    educational outreach efforts may have reduced this stigma in some
    communities. There were reports that some employers refused to hire
    persons who tested HIV-positive following employer-mandated blood
    screening. According to the Thailand Business Coalition on AIDS, an
    estimated 8,000 businesses pledged not to require HIV/AIDS tests for
    employees or discharge infected employees and vowed to hold regular
    awareness campaigns, with 1,150 pledging during the year.
        The NHRC was investigating a complaint filed in September 2009
    about the so-called AIDS temple, Wat Phrabat Namphu, which sheltered
    many dying AIDS patients. AIDS activists objected to the temple's
    practice of displaying corpses of AIDS patients as a cautionary tale,
    although temple officials stated that the patients gave consent. On
    July 1, the NHRC held a meeting with Wat Phrabat Namphu and struck a
    preliminary agreement whereby the temple would be permitted to display
    corpses provided that no personal information on the deceased
    individuals, including names, was included. The NHRC made a follow-up
    visit to the temple on December 20, and a final recommendation was
    pending at year's end.
    Section 7. Worker Rights

        a. The Right of Association.--The law allows private sector workers
    to form and join trade unions of their choosing without prior
    authorization. Enforcement of labor laws was inconsistent, and in some
    instances the 1975 Labor Relations Act and the 1998 and 2008 Labor
    Protection Acts (LPA) were not effective in protecting workers who
    participated in union activities. The law allows unions to conduct
    their activities without government interference. It also permits
    workers to strike, and this right was exercised in practice.
        The labor law does not allow civil servants, including public
    schoolteachers, soldiers, and police, to form or register a union. They
    can form and register associations, but these associations do not have
    the right to bargain collectively. Labor activists and some civil
    servants interpreted the 2007 constitution as broadening the freedom of
    association to include granting civil servants the right to form a
    union. While efforts by a small number of civil servants to organize a
    union or unions were underway, the related labor laws had not been
    amended to allow civil servants to do so.
        The State Enterprise Labor Relations Act (SELRA) gives state-owned
    enterprise workers the right to form unions. These unions generally
    operated independently of the Government. The law restricts
    affiliations between state enterprise unions and private-sector unions.
    However, unofficial contacts at the union level between public- and
    private-sector workers continued, and the Government did not interfere
    with these relationships.
        Noncitizen migrant workers, whether registered or illegally
    present, do not have the right to form unions or serve as union
    officials; however, registered migrants may be members of unions
    organized and led by Thai citizens. A few registered migrants joined
    unions, but the number that did so was low, due in part to language
    barriers and the fact that migrant workers and Thai workers often
    worked in different industries. A substantial number of migrant workers
    worked in factories near border-crossing points, where there were
    reports of frequent violations of labor laws and where few inspections
    were carried out to verify compliance with the law.
        The labor force consisted of 38.4 million persons. Less than 2
    percent of the total work force but nearly 10 percent of industrial
    workers and more than 59 percent of state enterprise workers were
    unionized. At the end of 2009, there were 44 state enterprise unions
    with 167,510 members and 1,194 private labor unions with 338,550
    members. Compared with 2008, the number of private labor unions
    decreased, and membership in both state enterprise and private unions
    decreased slightly.
        Workers can be dismissed for any reason, provided severance payment
    is made. The law does not provide for reinstatement, and the
    requirement for severance pay was not always respected. The labor court
    ordered reinstatement of employees in some cases where dismissal
    resulted from union activity and was illegal. However, because the
    process to request reinstatement was lengthy and costly for the
    employee, most cases were settled out of court through severance
    payments to the employee with no punitive sanctions for employers.
        The Supreme Court denied Jitra Kotchadet's case against garment
    maker Triumph International for dismissing her without cause in 2008.
        In February former employees of a Triumph subsidiary company agreed
    to move their protest from the Ministry of Labor (MOL) building, where
    they had protested since October 2009, in exchange for 250 sewing
    machines and vocational training. These workers had been dismissed in
    June 2009. As part of this agreement, the Government also promised to
    help the group secure loans from financial institutions and provide
    transportation for the workers to go home. The company blamed the
    global economic situation and a drop in demand for the layoffs; union
    leaders argued the layoffs were an attempt to purge the firm of active
    union members, many of whom had protested Jitra's dismissal in 2008.
        In September 900 Burmese migrant workers staged a nine-day strike
    at the Dechapanich Fishing Net Factory in Khon Kaen after factory
    management fired six workers and refused to return their legal
    documents to the fired workers. Workers demanded the return of all
    passports, worker identity cards, and work permits. They also demanded
    compensation for daily overtime earned since February. The striking
    workers were threatened with cancellation of their visas and
    deportation, but the employer eventually complied with the workers'
    demands. Ultimately, the migrant workers all resigned from the factory
    and found new jobs in Bangkok.
        The Government has the authority to restrict private-sector strikes
    that would affect national security or cause severe negative
    repercussions for the population at large; however, it seldom invoked
    this provision in the past and did not do so during the year. The law
    also forbids strikes in ``essential services,'' which are defined much
    more broadly than under International Labor Organization (ILO) criteria
    and include sectors such as telecommunications, electricity, water
    supply, and public transportation. The law prohibits termination of
    employment of legal strikers; however, some employers used unfavorable
    work assignments and reductions in work hours and bonuses to punish
    strikers. Employers are legally permitted to hire workers to replace
    strikers. Strike action in the private sector was constrained by the
    legal requirement to call a general meeting of trade union members and
    have a strike approved by at least 50 percent of all union members.
    During the year there were strikes against various companies, generally
    after negotiations over compensation had reached an impasse. In one
    instance, while negotiations were still underway, management of an
    international automotive company ordered a lockout, stating that
    workers were damaging equipment and vehicles on the production line.
        The SELRA prohibits lockouts by state enterprises and strikes by
    state enterprise workers. However, in the past a large number of state
    enterprise workers took sick leave or vacation on the same day, leading
    to the closing of business operations. No legal action was taken
    against those workers.
        During 2009 there were 101 labor disputes, nearly double the 2008
    figure. MOL statistics showed three lockouts by employers involving 156
    employees and two strikes that involved 456 employees. The majority of
    union demands in 2009 were related to wages and other benefits.

        b. The Right to Organize and Bargain Collectively.--The law
    provides for the right of citizen private-sector workers to organize
    and bargain collectively. The law defines the mechanisms for collective
    bargaining and for government-assisted conciliation and arbitration in
    cases under dispute. In practice genuine collective bargaining occurred
    only in a small fraction of workplaces; however, many disagreements
    were settled successfully.
        The law prohibits antiunion actions by employers; however, it also
    requires that union officials be full-time employees of the company or
    state enterprise, which made them vulnerable to employers seeking to
    discipline workers who served as union officials or who attempted to
    form unions. It also serves as a prohibition against permanent union
    staff, thus limiting the ability of unions to organize in depth and be
    politically active. The Labor Relations Act allows only two government-
    licensed outside advisors to a union, and local-level MOL offices
    reportedly blocked the registration of labor advisors deemed too
    activist. Union leaders and outside observers complained that this
    action interfered with the ability to train union members and develop
    expertise in collective bargaining and that it contributed to rapid
    turnover in union leaders.
        Employers reportedly discriminated against workers seeking to
    organize unions. While the law protects workers who submit demands
    relating to working conditions, it does not protect workers from
    employer reprisal for union activities prior to the registration of the
    union; employers could exploit this loophole to defeat efforts at union
    organization. During the year there were reported cases of workers
    being dismissed from their jobs for engaging in union activities. In
    some cases the labor courts ordered workers reinstated if grounds for
    their dismissal were proven inaccurate. Reinstatement of some of these
    workers subsequently occurred.
        A system of labor courts exercises judicial review over most
    aspects of labor law for the private sector; however, there was
    reported abuse in the system. Problems of collective labor relations
    are adjudicated through the tripartite labor relations committee and
    are subject to review by the labor courts. Workers may also seek
    redress through the NHRC. In private-sector labor disputes that cannot
    be resolved through negotiations or voluntary arbitration and that may
    affect the national economy or public order, the law authorizes the MOL
    to refer them to the Labor Relations Committee for settlement. Although
    the legal authority seldom was used, international standards allow for
    this type of provision only if the private sector activity in question
    involves essential services--those whose interruption would endanger
    the life, personal safety, or health of the whole or part of the
    population.
        Redress of grievances for state enterprise workers was handled by
    the State Enterprise Relations Committee. Labor leaders generally were
    satisfied with the treatment that their concerns received in these
    forums, although they complained that union leaders unjustly dismissed
    were awarded only back wages with no punitive sanctions against the
    employer. This approach limited any disincentive for employers to fire
    union organizers and activists.
        Labor brokerage firms used a ``contract labor system'' under which
    workers signed an annual contract. Although contract laborers performed
    the same work as direct-hire workers, often they were paid less and
    received fewer, or no, benefits. Contract laborers are covered under
    the law, and according to the 2008 Labor Protection Act, businesses
    must provide contract laborers ``fair benefits and welfare without
    discrimination.'' Regardless of whether the contract labor employee was
    outsourced and collected wages from a separate company, according to
    the act the contracting business is the overall employer. Plaintiffs
    filed lawsuits in an attempt to seek clarification of their obligations
    under the new law; the labor court ruled in each case that the law
    requires equal pay and benefits for subcontract and regular employees.
        The law requires that members of a union be ``employees working for
    the same employer'' or ``employees in the same description of work.''
    Such provisions, coupled with requirements that the union represent a
    certain percentage of the workforce, could hamper collective bargaining
    efforts where contract workers are not considered part of the potential
    bargaining unit but make up a substantial portion of the workforce.
        There are no special laws or exemptions from regular labor laws in
    export processing zones. However, employers' associations reportedly
    cooperated to discourage union organization in the zones. Union
    organization was common at major international firms in large
    industrial estates.

        c. Prohibition of Forced or Compulsory Labor.--The constitution
    prohibits forced or compulsory labor except in the case of national
    emergency, war, or martial law, or to avoid imminent public calamity.
    The 2008 Antitrafficking in Persons Act prohibits all forms of human
    trafficking, including forced labor of men, women, and children.
    Despite efforts by the Government to enforce and raise awareness of the
    law, problems of forced labor of men, women, and children persist in a
    small proportion of the economy, particularly in those sectors where
    foreign migrant labor is common.
        Employers often kept possession of migrant workers' registration
    and travel documents, which restricted their travel outside the work
    premises. Reportedly, some migrant workers requested that employers
    keep their documentation for safekeeping.
        There continued to be reports of sweatshops or abusive treatment in
    a few sectors, particularly on seagoing trawlers, in garment factories,
    and in shrimp and seafood processing facilities. Mistreatment at times
    included the prevention of workers, primarily foreign migrants, from
    leaving the premises. The large number of migrants from Burma,
    Cambodia, and Laos created opportunities for abuse.
        Sarawut Ayuken, sentenced to death in August 2009 for the 2007
    murder of a Karen migrant worker, remained in prison awaiting the
    decision of the appeals court, along with two other defendants involved
    in the case.
        In January the criminal court convicted a Burmese broker, arrested
    in October 2009, of violating the Anti-Human Trafficking Act and the
    Immigration Act in a case involving 18 Burmese forced to work on
    fishing boats in Chonburi Province. The broker was sentenced to four
    years' imprisonment; the boat foreman was sentenced to 30 months in
    prison and a fine of 82,500 baht ($2,600). Due to lack of evidence,
    charges were dropped against a third individual involved in the case.
        Two persons convicted in November 2009 for trafficking workers to
    the Anoma Samut Sakhon shrimp processing factory remained free while
    awaiting the result of their appeal.
        On December 9, a criminal court convicted the three defendants in
    the forced labor-related case involving the Ranya Paew shrimp
    processing factory. A 2006 raid on the factory resulted in the
    identification of 66 victims of trafficking. Each of the defendants was
    sentenced to 20 years in prison, the maximum penalty. At year's end the
    defendants remained free while awaiting the result of their appeal.
        Also see the Department of State's annual Trafficking in Persons
    Report at www.state.gov/g/tip.

        d. Prohibition of Child Labor and Minimum Age for Employment.--In
    general, sufficient legal protections exist for children in the formal
    economic sector. The LPA is the primary law regulating employment of
    children under the age of 18. Employment of children under the age of
    15 is prohibited. An exception exists for children 13 to 15 years old
    who have parental permission to perform agricultural work during school
    breaks or nonschool hours as long as the employers provide a safe work
    environment. Employers may not require children under the age of 18 to
    work overtime or on a holiday and may not require work between 10 p.m.
    and 6 a.m. without MOL approval. Children under 18 must not be employed
    in hazardous work, which includes any activity involving metalwork,
    hazardous chemicals, poisonous materials, radiation, and harmful
    temperatures or noise levels; exposure to toxic microorganisms;
    operation of heavy equipment; underground or underwater work; and work
    in places where alcohol is sold or in massage parlors. The maximum
    penalty for violating these prohibitions is one year in prison, fines
    up to 200,000 baht ($6,250), or both. The LPA provides limited coverage
    to workers in some informal sectors, such as fishing and domestic
    employment. The law allows for issuance of ministerial regulations to
    address sectors not covered in the law; such regulations increased
    protections for child workers in domestic and agricultural sector work.
        Child labor remained a problem, particularly in agriculture, the
    garment industry, seafood processing, fishing-related industries, and
    the informal sector. There was reason to believe that some garments,
    pornography, shrimp, and sugarcane were produced and processed by child
    labor in violation of international standards. In urban areas most
    underage workers worked in the service sector, including in gasoline
    stations, small-scale industry, and restaurants. Observers believed
    that while the prevalence decreased, some children (usually foreign)
    were exploited in street selling, begging, domestic service, and
    agriculture work, sometimes in a system of debt bondage. Many of these
    foreign children, predominantly migrants from Burma, Cambodia, and
    Laos, were in the country illegally, which increased their
    vulnerability to exploitation. There were reports of street children
    who were bought, rented, or forcibly ``borrowed'' from their parent or
    guardians to beg alongside women in the street.
        Outside urban areas, children worked in agriculture, garment, and
    fishing-related industries. Child labor was less evident in larger,
    export-oriented factories and registered processing facilities. NGOs
    reported greater child labor in garment factories along the Burmese
    border, in Mae Sot Province. There was no comprehensive survey of child
    labor throughout the country.
        The Social Security Office under the MOL reported that there were
    65,536 children ages 15 to 18 years old formally working and registered
    in the social security system in 2009. This figure was an almost 40
    percent decrease from 2008 and may be a result of the extension of free
    education from nine years to 12 years in the 2007 constitution and the
    2009 government policy that extended free education, including coverage
    of fees, books, and uniforms, further to 15 years. Other MOL statistics
    showed that 2,774 children between 15 and 17 years old worked
    legitimately in 2009. This increase (more than 2,065 in 2008) was more
    indicative of increased efforts by the MOL to inspect facilities than
    an increase in child labor. The number of all child laborers, legal and
    illegal, was likely much larger when taking into consideration child
    laborers in the informal sector, including unregistered migrant
    children. According to a study funded by the MOL and the ILO, labor
    abuse of child citizens was declining, and such children made up less
    than 1 percent of the workforce.
        The MOL is the primary agency charged with enforcing child labor
    laws and policies. Labor inspectors, widely considered to be too few,
    were believed to be reactive, rather than proactive, and normally
    complaints-driven. In an effort to improve labor law enforcement, the
    MOL Department of Labor Protection and Welfare inspection plan for the
    year prioritized labor inspections of small factories (fewer than 49
    workers), which were believed to be high risk for the use of child
    labor. In line with prevailing cultural norms, the inclination of labor
    inspectors when dealing with violators was to negotiate promises of
    better future behavior rather than seek prosecution and punishment. The
    legal requirement for a warrant hampered inspection of private homes to
    monitor the welfare of child domestic workers.
        Also see the Department of State's annual Trafficking in Persons
    Report at www.state.gov/g/tip.

        e. Acceptable Conditions of Work.--The minimum wage ranged from 151
    baht to 206 baht per day ($4.72 to $6.44), depending on the cost of
    living in various provinces. The minimum wage was not adequate to
    provide a decent standard of living for a worker and nuclear family. On
    December 14, the cabinet approved an increase in the minimum wage.
    Beginning on January 1, 2011, the minimum wage was set to range from
    159 baht to 221 baht ($4.97 to $6.91) per day.
        The Government sets wages for state enterprise employees under the
    SELRA. Wages for civil servants are determined by the Office of Civil
    Service Commission. However, the 2008 Civil Servant Act gives each
    ministry or department more flexibility in setting civil servant salary
    levels.
        The MOL is responsible for ensuring that employers adhere to
    minimum wage requirements (applicable to the formal sector); however,
    enforcement of minimum wage laws was mixed. Some formal sector workers
    nationwide received less than the minimum wage, especially those in
    rural provinces. Labor protections apply to undocumented workers;
    however, many unskilled and semiskilled migrant workers worked for
    wages that were at times significantly less than the minimum wage.
        The LPA mandates a maximum workweek of 48 hours, or eight hours a
    day over six days, with a limit on overtime of 36 hours per week.
    Employees engaged in ``dangerous'' work, such as chemical, mining, or
    other industries involving heavy machinery, legally may work a maximum
    of 42 hours per week and are not permitted overtime. Petrochemical
    industry employees cannot work more than 12 hours per day and can work
    continuously only for a period not exceeding 28 days. Protections
    existing in the LPA do not apply universally to all sectors. Household
    domestic workers, for example, are covered by only a few sections of
    the LPA.
        Provisions of the LPA include protection for pregnant workers,
    prohibiting them from working on night shifts, overtime, and holidays,
    with dangerous machinery, or on boats. In some cases, a pregnant
    employee who works in a nonphysically demanding office position may
    work overtime, if the employee consents. Despite the act's prohibition
    against dismissing pregnant workers, there were reports that employers
    intentionally laid off workers who became pregnant.
        The MOL promulgates health and safety regulations regarding
    conditions of work and is responsible for their enforcement; however,
    the inspection department enforced these standards inconsistently due
    to a lack of human and financial resources. There is no law affording
    job protection to employees who remove themselves from dangerous work
    situations. According to the MOL's Department of Labor Protection and
    Welfare, consumer goods production, hotels, restaurants, and the
    construction industry had the highest incidence of legal violations
    regarding workers' safety.
        During 2009 there were 149,436 reported incidents of diseases and
    injuries from industrial accidents. This included 106,598 minor
    disabilities (resulting in no more than three days of missed work) and
    42,838 disabilities resulting in more than three days of missed work
    (including permanent disabilities and deaths). However, the rate of
    incidents occurring in the informal and agricultural sectors and among
    migrant workers was believed to be higher. Occupational diseases rarely
    were diagnosed or compensated, and few doctors or clinics specialized
    in them. Many of the young migrant women employed along the Burma
    border had limited and substandard medical care options. In medium-
    sized and large factories, government health and safety standards often
    were applied, but overall enforcement of safety standards was lax. In
    the informal sector, health and safety protections were substandard.
        Redress for workers injured in industrial accidents was rarely
    timely or sufficient. Few court decisions were handed down against
    management or owners involved in workplace disasters.
        On November 8, in the first workplace health and safety case to go
    to the Supreme Court, the court ruled that the Bangkok Weaving Factory
    must pay almost eight million baht ($250,000) in compensation to 37
    ailing former workers. The court ruled that the company failed to
    provide a safe working environment, which resulted in the staff
    developing byssinosis, a respiratory disorder common among textile
    workers.
        The Government allowed undocumented migrant workers from three
    neighboring countries to work legally in certain sectors of the economy
    if they registered with authorities and began a process to document
    their status, namely the verification of their nationality, by March 2.
    However, on January 19, the Government extended the deadline for an
    additional two years.
        Migrants from Laos and Cambodia may complete their citizenship
    verification at locations throughout Thailand. Generally, Burmese
    migrants must travel to one of three processing centers in border
    locations inside Burma, reportedly due to Burmese government insistence
    that registration take place within Burma. The Burmese government,
    however, temporarily allowed citizenship verification to take place on
    the Thai side of the border in Ranong Province from July through the
    end of the year to alleviate the need for some migrants to make a boat
    crossing into Burma during the monsoon season. Following the July
    closure of the Thai-Burma Friendship Bridge between Mae Sot and
    Myawaddy, migrants could no longer complete processing at Myawaddy.
    Workers could conduct processing at the third processing center located
    in Tachilek, across the border from the Thai town of Mae Sai.
        In September 2009 three workers' rights and labor organizations
    submitted a letter to the UN special rapporteur on the human rights of
    migrants, requesting an investigation into the migrant worker
    nationality verification process for Burmese migrants due to concern
    for the safety of migrants. On February 2, the UN special rapporteur on
    the human rights of migrants, along with the special rapporteur on
    contemporary forms of racism, racial discrimination, xenophobia, and
    related intolerance, sent a letter of concern to the Government.
        According to information compiled by the International Organization
    for Migration with the assistance of the MOL, between January and
    February 932,255 migrants (812,984 from Burma) renewed their work
    permits and were eligible for nationality verification processing. By
    December 388,506 individuals had completed the process. Migrant
    children of registered migrants are entitled to register for
    residential permits if their parents have residential permits.
        Migrant workers, regardless of their legal status, remained
    vulnerable to poor working conditions. Reports indicated that they were
    routinely paid well below the minimum wage, worked long hours and in
    unhealthy conditions, and (because of their generally illegal status)
    were at risk of arrest and deportation. Civil society observers
    continued to criticize the Government's handling of migrant workers due
    to the workers' perceived vulnerability to exploitation. There were
    several reports of migrant workers forced to make extorted payments to
    local-level officials. There also were reports that migrant worker
    deportees were coerced to make payments to officials in Burma, who
    allegedly shared payments with local Thai officials. NGOs complained
    that a June 2 order to deport undocumented migrants exacerbated the
    problem. Concerns also were raised regarding a September ministerial
    regulation that brought into effect a section of the 2008 Alien Working
    Act requiring affected workers from Cambodia, Laos, and Burma to
    contribute a set amount to a repatriation fund. In response to
    criticisms by civil society and government concern that the financial
    burden of the fund as organized could push workers underground, the
    Government delayed planned implementation of the fund until March 2012.
    Until reaching the potential implementation date in 2012, the MOL
    planned to study how to address the financial burden concerns.
        Irregular migrant workers that complete the new amnesty and related
    nationality verification process have access to the Workmen's
    Compensation Fund (WCF) and Social Security Office (SSO) funds.
    However, migrant workers faced discrimination by an SSO policy that
    denies migrants registered but with disabilities access to the WCF.
        The March report of the ILO Committee of Experts asked the
    Government to review the SSO policy and ``to instruct the SSO to take
    positive and urgent measures lifting restrictive conditions and
    facilitating access of migrant workers to the WCF irrespective of their
    nationality.'' This action followed a 2009 complaint alleging that the
    Government was denying Burmese migrant workers access to the WCF
    following work accidents in violation of ILO convention 19.
        In July the family of Hsai Htun, an unregistered Shan migrant from
    Burma who died in 2007 as a result of a work accident, appealed a lower
    court's decision to revoke an SSO order that directed the employer to
    pay compensation. At year's end the Supreme Court had not ruled on the
    appeal, and the family had not received compensation.
        In some provinces local regulations prohibit migrant workers from
    owning mobile telephones, leaving a worksite at night between the hours
    of 8 p.m. and 6 a.m., gathering in assemblies of more than five
    persons, and organizing or taking part in cultural events. However, the
    regulations were rarely enforced. There were reports that security
    officials harassed NGO personnel who were trying to assist illegal
    migrant workers.
        Problems encountered by Thai citizens working overseas highlighted
    the problem of exploitative labor supply agencies that charged heavy
    and illegal recruitment fees sometimes equal to a worker's first- and
    second-year earnings. In many cases recruited workers did not receive
    the benefits they were promised and incurred significant debt. Local
    moneylenders, mostly informal, contributed to this practice by offering
    exorbitant loans to allow workers to pay recruitment fees, some of
    which were as high as 500,000 baht ($15,625), according to an NGO
    study. The Department of Employment issued regulations limiting the
    maximum charges for recruitment fees to ensure that the fees are not
    excessive; however, effective enforcement of the rules was difficult.

                                   __________

                                  TIMOR-LESTE

        Timor-Leste is a multiparty parliamentary republic with a
    population of approximately 1.1 million. President Jose Ramos-Horta was
    head of state. Prime Minister Kay Rala Xanana Gusmao headed a four-
    party coalition government formed following free and fair elections in
    2007. International security forces in the country included the UN
    Police (UNPOL) within the UN Integrated Mission in Timor-Leste (UNMIT)
    and the International Stabilization Force (ISF), neither of which was
    under the direct control of the Government. The national security
    forces are the National Police (PNTL) and Defense Forces (F-FDTL).
    Security forces reported to civilian authorities, but there were some
    problems with discipline and accountability.
        Serious human rights problems included police use of excessive
    force during arrest and abuse of authority; perception of impunity;
    arbitrary arrest and detention; and an inefficient and understaffed
    judiciary that deprived citizens of due process and an expeditious and
    fair trial. Domestic violence, rape, and sexual abuse were also
    problems.
                            respect for human rights
    Section 1. Respect for the Integrity of the Person, Including Freedom
            From:

        a. Arbitrary or Unlawful Deprivation of Life.--There were no
    politically motivated killings by the Government or its agents during
    the year; however, on August 27, F-FDTL soldiers were involved in a
    fight with locals in Laivai, Lautem, in which one civilian was beaten
    to death. The case was handed to the Prosecutor General's Office and
    the Human Rights Ombudsman for investigation. At year's end the
    investigation was ongoing.
        There were no developments in the May 2009 case in which a group of
    F-FDTL members allegedly beat two men on a beach in Dili; one of the
    victims was subsequently found dead.
        On January 4, a PNTL officer was arrested after he allegedly shot
    and killed a 25-year-old man and injured another in Dili in December
    2009. A judge released the officer a day later under restrictive
    measures. The PNTL suspended the officer and referred the case to the
    Prosecutor General's Office. The Prosecutor General brought charges
    against the officer and the trial commenced on December 9. At the end
    of the year the trial continued.
        On March 3, the Dili District Court convicted and sentenced 23 of
    the former police and soldiers involved in the failed assassination
    attempts on President Ramos-Horta and Prime Minister Gusmao in February
    2008. On August 27, President Ramos-Horta commuted the sentences of the
    23 rebels, and they were released from prison.
         On May 6, the Court of Appeals overturned the Dili District
    Court's February 15 sentencing of two civilian perpetrators of violent
    incidents in the 2006 crisis to lengthy prison terms. The civilians,
    leaders of a militant veterans group, were found guilty by the District
    Court of violence against persons and property and illegal use of
    firearms, ammunition, and explosives. The Court of Appeals stated that
    the evidence did not strongly support the lower court's ruling.

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

        c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
    Punishment.--The law prohibits such practices, and the Government
    generally respected the prohibition against torture; however, there
    were incidents of cruel or degrading treatment of civilians by police
    and military personnel. Parliamentarians, nongovernmental organizations
    (NGOs), UNMIT, and the Office of the Ombudsman for Human Rights and
    Justice received complaints about the use of excessive force by
    security forces. Most involved beatings, use of excessive force during
    incident response or arrest, threats made at gunpoint, and
    intimidation.
        In the beginning of the year, the PNTL conducted operations in the
    Bobonaro and Covalima Districts against ``ninjas'' (armed individuals
    who concealed their identities with masks) accused of committing
    serious crimes. The police detained individuals who were alleged
    members of the Popular Council for the Defense of the Democratic
    Republic of Timor-Leste (CPD-RDTL), and there were accusations that
    some of the detained were beaten.
        There were no updates on the following cases from 2009:
        In June 2009 F-FDTL personnel beat at least two civilians and
    reportedly pointed their weapons at UNPOL members after breaking up a
    fight between two martial arts groups in Maliana, Bobonaro District. At
    year's end a criminal investigation was ongoing.
        Also in June 2009 an F-FDTL member, using his rifle, allegedly
    threatened and beat a residential security guard. The guard filed
    official complaints with both the F-FDTL and PNTL, but it was not clear
    that an investigation was opened.
        In September 2009 a group of F-FDTL members physically assaulted a
    Timorese woman and two foreign military personnel. One of the F-FDTL
    members involved was expelled from the military in December 2009. The
    criminal investigation continued.
        In November 2009 an off-duty police officer allegedly shot and
    seriously injured Mateus Pereira in Vila Verde, Dili. The police
    officer was suspended for 120 days during an internal PNTL
    investigation. After the internal investigation the results were
    transferred to the Prosecutor General's office. At year's end no
    charges were filed.
        At year's end there were no developments in the following 2008
    incidents: the case of former Baucau PNTL subdistrict commander
    Francisco Ersio Ximenes serving a suspended one year sentence following
    his removal from active duty for the beating of a victim with a baton
    during questioning; the case of three PNTL officers in Suai who
    allegedly participated in gang-related violence that resulted in 15
    persons injured and 20 houses burned; and the case of PNTL Task Force
    members beating four Dili residents; or the two police officers who
    were sentenced to two and six months' suspended imprisonment for the
    assault of a woman in Ossu Subdistrict, Viqueque District.

        Prison and Detention Center Conditions.--Prison conditions
    generally met international standards. Despite some improvements with
    regard to access to food and water, police station detention cells
    generally did not comply with international standards and lacked
    sanitation facilities and bedding. The lack of detention cells at some
    police stations discouraged the initiation of formal charges against
    detained suspects. The civilian authorities ran two prisons, located in
    Dili (Becora) and Gleno. Together the two prisons held 223 individuals
    (reliable estimates of the designed capacity of the prisons were not
    available). The vast majority were pretrial detainees charged with
    homicide, robbery, or sexual assault. Four of the prisoners were women,
    and 10 were juveniles. The F-FDTL operated a military prison facility
    at its headquarters in Dili without civilian oversight. There were no
    separate facilities for women and youth offenders.
        Prisoners and detainees had reasonable access to visitors and were
    permitted religious observance. Authorities permitted prisoners and
    detainees to submit complaints to judicial authorities without
    censorship and to request investigation of credible allegations of
    inhumane conditions. Authorities investigated credible allegations of
    inhumane conditions; however, the results of such investigations were
    not clearly documented in a publicly accessible manner. The Government
    investigated and monitored prison and detention center conditions.
        UNMIT personnel noted allegations of mistreatment of prisoners by
    prison guards during the first 72 hours of imprisonment and a lack of
    special facilities for the mentally ill, who consequently were detained
    with other prisoners.
        The Government permitted prison visits by the International
    Committee of the Red Cross and independent human rights observers. The
    Ombudsman's Office was able to conduct detainee monitoring in Dili. It
    was not clear whether an ombudsman could serve on behalf of prisoners
    and detainees more broadly, could address the status of juvenile
    offenders, or could improve pretrial detention, bail, and recordkeeping
    procedures.

        d. Arbitrary Arrest or Detention.--The law prohibits arbitrary
    arrest and detention; however, there were many instances in which these
    provisions were violated, often because magistrates or judges were
    unavailable.

        Role of the Police and Security Apparatus.--The president is
    commander-in-chief of the armed forces, but the chief of defense, the
    F-FDTL's senior military officer, exercised effective day-to-day
    command. Civilian secretaries of state for public security and defense
    oversaw the PNTL and F-FDTL, respectively.
        The PNTL, with UNMIT assistance, continued efforts to reform,
    restructure, and rebuild in the wake of its collapse during the
    political crisis of 2006. A central element was a ``screening'' to
    ensure that each of the approximately 3,000 PNTL officers was checked
    for integrity and past crimes or misbehavior. Following screening,
    officers were to go through renewed training and a six-month UNPOL
    mentoring program. By year's end all but 209 officers had completed the
    UNPOL program.
        Each of the country's 13 districts has a district PNTL commander
    who normally reports to the PNTL general commander. In spite of
    improvements, the PNTL as an institution remained poorly equipped and
    undertrained, subject to numerous credible allegations of abuse of
    authority, mishandling of firearms, and corruption. An opposition
    parliamentarian and an international NGO criticized the emphasis on a
    paramilitary style of policing, which includes highly armed special
    units and does not sufficiently delineate between the military and the
    police.
        Efforts were made to strengthen the PNTL's internal accountability
    mechanisms. At year's end the Professional Standards and Discipline
    Office (PSDO) had 358 cases in its database, although all but 162 cases
    had been closed. These cases include assaults, use of violence, fraud,
    unlawful discharge of a weapon, neglect of duty, not reporting to duty,
    and misconduct. The PSDO forwarded substantiated cases to the
    appropriate authorities. Out of the substantiated cases, 16 cases
    resulted in verbal warnings, 42 cases resulted in written reprimands,
    19 cases resulted in suspensions, and one case ended in dismissal. At
    the district level there were serious obstacles to the functioning of
    the PSDO. PSDO officers were appointed by, and reported to, the PNTL
    district commander. Persons with complaints about police behavior
    experienced obstacles when attempting to report violations including
    repeated requests to return at a later date or to submit their
    complaint in writing. The Organic Police Law promulgated in February
    2009 does not provide for guaranteed participation from the civilian
    sector in police oversight.
        In February 2009 the UN Security Council instructed UNMIT to begin
    handing over primary policing responsibilities to the PNTL once PNTL
    personnel in a particular district demonstrated the ability to perform
    those responsibilities adequately. Handovers occurred in four of the
    country's 13 districts in 2009: Lautem, Oecussi, Manatuto, and
    Viqueque. During the year, handovers occurred in six additional
    districts: Aileu, Ainaro, Baucau, Ermera, Liquica, and Manufahi.
        More than 550 ISF personnel from Australia and New Zealand
    supported the police and security forces.

        Arrest Procedures and Treatment While in Detention.--The law
    requires judicial warrants prior to arrests or searches, except in
    exceptional circumstances; however, this provision was often violated.
    The extreme shortage of prosecutors and judges outside of the capital
    contributed to police inability to obtain required warrants.
        Government regulations require a hearing within 72 hours of arrest
    to review the lawfulness of an arrest or detention and to provide the
    right to a trial without undue delay. During these hearings the judge
    may also determine whether the suspect should be released because
    evidence is lacking or because the suspect is not considered a flight
    risk. The countrywide shortage of magistrates meant that police often
    made decisions without legal authority as to whether persons arrested
    should be released or detained after 72 hours in custody. This
    contributed to an atmosphere of lawlessness and impunity. Judges may
    set terms for conditional release, usually requiring the suspect to
    report regularly to police.
        The law provides for access to legal representation at all stages
    of the proceedings, and provisions exist for providing public defenders
    to indigent defendants at no cost. Public defenders were in short
    supply. Most were concentrated in Dili and Baucau, with other areas
    lacking the same level of access. Many indigent defendants relied on
    lawyers provided by legal aid organizations. A number of defendants who
    were assigned public defenders reported that they never saw their
    lawyer, and there were concerns that some low priority cases were
    delayed indefinitely while suspects remained in pretrial detention.
        The pretrial detention limit of six months and the requirement that
    such detentions be reviewed every 30 days need not apply in cases
    involving certain serious crimes. The 30-day review deadline was also
    missed in a large number of cases involving less serious crimes, and a
    majority of the prison population consisted of pretrial detainees.

        e. Denial of Fair Public Trial.--The law provides that judges shall
    perform their duties ``independently and impartially'' without
    ``improper influence'' and requires public prosecutors to discharge
    their duties impartially. However, the country's judicial system faced
    a wide array of challenges including concerns about the impartiality of
    some judicial organs, a severe shortage of qualified personnel, a
    complex and multisourced legal regime, and the fact that the majority
    of the population did not speak Portuguese, the language in which the
    laws were written and the courts operated. Access to justice was
    notably constrained.
        Progress in establishing judicial institutions and recruiting and
    training qualified judges, prosecutors, and defense attorneys was slow.
    By year's end, 17 judges, 11 prosecutors, and 11 public defenders of
    Timorese nationality were assigned to the country's judicial
    institutions. Three non-Timorese public defenders and three judges
    served in the country.
        Judges, prosecutors, and public defenders assigned to other
    districts outside Dili often did not reside in these areas. Their
    intermittent presence continued to hamper severely the functioning of
    the judiciary outside the capital.
        The trial process often was hindered by nonattendance of witnesses
    due to lack of proper notification or lack of transportation. The
    shortage of qualified prosecutors and technical staff in the Prosecutor
    General's Office hampered its work and resulted in a large case
    backlog. International prosecutors continued to handle many sensitive
    cases. At year's end there was a nationwide backlog of approximately
    4,500 cases, a reduction of approximately 700 cases from the previous
    year. The length of time for cases to come to trial varied
    significantly, with some delayed for years and others tried within
    months of accusations.

        Trial Procedures.--The law provides for the right to a fair trial;
    however, the severe shortages of qualified personnel throughout the
    system led to some trials that did not fulfill prescribed legal
    procedures. Trials are before judges. Except in sensitive cases, such
    as crimes involving sexual assault, trials are public. Defendants have
    the right to be present at trials and to consult an attorney in a
    timely manner. Attorneys are provided to indigent defendants.
    Defendants can confront hostile witnesses and present other witnesses
    and evidence. Defendants and their attorneys have access to government-
    held evidence. Defendants enjoy a presumption of innocence and have a
    right of appeal to higher courts.
        The legal regime was complex and inconsistently applied, but the
    Government adopted a new criminal procedure code and a penal code; the
    latter came into force in June 2009. The criminal procedure code was
    translated into Tetum (the language spoken most widely in the country),
    but the Penal Code was available only in Portuguese.
        The Court of Appeal operated primarily in Portuguese. The UN
    regulations, many of which remained in force, were available in
    English, Portuguese, Indonesian, and Tetum. Laws enacted by parliament,
    intended to supplant Indonesian laws and UN regulations, were published
    in Portuguese but were seldom available in Tetum. Litigants, witnesses,
    and criminal defendants often were unable to read the new laws. Trials
    are required to be conducted in Portuguese and Tetum. However, the
    quality of translation provided in court varied widely, and
    translations into Tetum were often incomplete summaries.
        In July 2009 a witness protection law came into force, but
    protection arrangements remained lacking. In many violent crimes,
    witnesses were unwilling to testify because of the high potential for
    retribution against them or their families. Court personnel also
    reported increased concern regarding their own safety.

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

        Civil Judicial Procedures and Remedies.--Civil judicial procedures
    were beset by the same problems encountered by the judicial system as a
    whole. The ombudsman for human rights and justice can sue government
    agencies/agents for alleged human rights abuses; however, the
    ombudsman's approach has been to refer allegations of abuse to the
    prosecutor general or the leadership of the PNTL or F-FDTL.

        f. Arbitrary Interference With Privacy, Family, Home, or
    Correspondence.--The law prohibits such actions, and the Government
    generally respected these prohibitions in practice.
        A 2003 land law broadly defines what property belongs to the
    Government and was criticized as disregarding many private claims. In
    previous years the Government evicted persons from land identified as
    state property at times with little notice and with no due process.
    Section 2. Respect for Civil Liberties, Including:

        a. Freedom of Speech and Press.--The law provides for freedom of
    speech and of the press, and the Government generally respected these
    rights in practice. The independent media were active and expressed a
    wide variety of views without restrictions. Television and radio
    broadcasts were the primary sources for news. However, there was often
    no reception outside Dili and district capitals, and broadcasts were
    often irregular due to technical or resource problems. Many persons did
    not have access to television or radio.
        In June a journalist from Diario Nacional was beaten by PNTL
    officers at the Government Palace, but it was not clear that an
    investigation was opened.

        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 extremely limited. According to International
    Telecommunication Union statistics for 2008, less than 1 percent of the
    country's inhabitants used the Internet.

        Academic Freedom and Cultural Events.--The Government generally did
    not restrict academic freedom or cultural events. Academic research on
    Tetum and other indigenous languages must be approved by the National
    Language Institute.

        b. Freedom of Peaceful Assembly and Association.--Freedom of
    Assembly.--The law on assembly and demonstrations establishes
    guidelines to obtain permits to hold demonstrations and requires police
    be notified four days in advance of any demonstration or strike. The
    law also stipulates that demonstrations cannot take place within 100
    yards of government buildings or facilities, diplomatic facilities, or
    political party headquarters. In practice demonstrations were allowed
    to take place without the requisite advance notification, and the 100-
    yard regulation was rarely observed.

        Freedom of Association.--The constitution provides for freedom of
    association, and the Government generally respected this right in
    practice. However, in the beginning of the year, there were accusations
    that during the anti-``ninja'' activities (see section 1.c.), the PNTL
    intimidated and asked members of CPD-RDTL to resign from the
    organization.

        c. Freedom of Religion.--For a complete description of religious
    freedom, please see the 2010 International Religious Freedom Report at
    www.state.gov/g/drl/irf/rpt

        d. Freedom of Movement, Internally Displaced Persons, Protection of
    Refugees, and Stateless Persons.--The law provides for freedom of
    movement within the country, foreign travel, emigration, and
    repatriation, and the Government generally respected these rights in
    practice. The Government cooperated with the Office of the UN High
    Commissioner for Refugees and other humanitarian organizations in
    providing protection and assistance to internally displaced persons,
    refugees, returning refugees, asylum seekers, stateless persons, and
    other persons of concern.
        Travel by road to the western enclave of Oecussi required visas and
    lengthy stops at Timorese and Indonesian checkpoints at the border
    crossings.
        The law prohibits forced exile, and the Government did not employ
    it.

        Internally Displaced Persons (IDPs).--In June 2009 the Government
    formally closed the last of the IDP camps set up after the 2006
    political crisis displaced an estimated 150,000 individuals. All
    persons who remained in transitional shelters have returned home or
    been resettled. The Ministry of Social Solidarity administered
    reintegration assistance in coordination with local and international
    NGOs.

        Protection of Refugees.--The law provides for the granting of
    asylum or refugee status, and the Government established a system for
    providing protection to refugees. The Government granted refugee status
    or asylum in the past; however, there were concerns that the country's
    regulations governing asylum and refugee status may preclude genuine
    refugees from proving their eligibility for such status. For example,
    persons who wish to apply for asylum have only 72 hours to do so after
    entry into the country. Foreign nationals already present in the
    country have only 72 hours to initiate the process after the situation
    in their home country becomes too dangerous for them to return safely.
    A number of human rights and refugee advocates maintained that this
    time limit contravened the 1951 Convention relating to the Status of
    Refugees. These advocates also expressed concern that no written
    explanation is required when an asylum application is denied. In
    practice the Government provided protection against the expulsion or
    return of refugees to countries where their lives or freedom would be
    threatened on account of their race, religion, nationality, membership
    in a particular social group, or political opinion.
    Section 3. Respect for Political Rights: The Right of Citizens to
            Change Their Government
        The law provides citizens with the right to change their government
    peacefully, and citizens exercised this right in practice through
    periodic, free, and fair elections based on universal suffrage.

        Elections and Political Participation.--The president and
    parliament were elected to a five-year mandate in generally free and
    fair national elections in 2007. The Government headed by Prime
    Minister Gusmao is a four-party coalition controlling 37 seats in the
    65-seat parliament.
        There were 19 women in parliament. Women held three senior
    ministerial positions--finance, justice, and social solidarity--one
    vice-minister position, and one secretary of state position.
        The country's small ethnic minority groups were well integrated
    into society. The number of members of these groups in parliament and
    other government positions was uncertain.
    Section 4. Official Corruption and Government Transparency
        The law provides for criminal penalties for official corruption;
    however, the Government did not implement the law effectively, and
    officials frequently engaged in corrupt practices. By law the
    Anticorruption Commission is charged with leading national
    anticorruption activities and has the authority to refer cases for
    prosecution. The Anticorruption Commission was established in February,
    taking responsibility for corruption cases from the Office of the
    Ombudsman for Human Rights and Justice, and a commissioner was
    appointed in March. At year's end the Commission had begun several
    investigations.
        The Ombudsman's Office transferred several high-profile corruption
    cases to the Prosecutor General's Office, including accusations of
    nepotism against the vice prime minister and the minister of foreign
    affairs for employing the vice prime minister's wife at a Timorese
    mission overseas. The Prosecutor General's Office submitted charges in
    this case.
        There were accusations of police corruption in the country. Some of
    the accusations involved border police accepting bribes along the
    extensive land borders with Indonesia, and police accepting bribes from
    brothels that engaged in trafficking in persons.
        On October 20, the Prosecutor General's Office brought charges
    against four members of the PNTL for stealing money from funds set up
    for the 2008 Anti-Rebels joint operations.
        The country does not have financial disclosure laws. In 2009 Prime
    Minister Gusmao demanded that all cabinet officials in his government
    complete financial disclosure documents, but by year's end none had
    done so.
        The law stipulates that all legislation, Supreme Court decisions
    (when the court is established), and decisions made by government
    bodies must be published in the official gazette. If not published they
    are null and void. Regulations also provide for public access to court
    proceedings and decisions and the national budget and accounts. In
    practice there were concerns that public access to information was
    constrained. For example, the official gazette was published only in
    Portuguese, although by law it is to be published in Tetum as well.
    Moreover, its irregular publishing schedule and varying cost meant that
    few journalists, public servants, or others had regular access to it or
    knew how to access it. During the year, the official gazette became
    available online.
    Section 5. Governmental Attitude Regarding International and
            Nongovernmental Investigation of Alleged Violations of Human
            Rights
        A wide variety of domestic and international human rights groups
    generally operated without government restriction, investigating and
    publishing their findings on human rights cases. NGOs also played an
    active role in assisting and advising in the development of the
    country. The Government generally cooperated with these organizations,
    but during the year there were instances of security authorities
    preventing or resisting efforts to monitor human rights compliance.
        UNMIT continued to play an important role in the country's
    development and cooperated closely with the Government.
        The Office of the Ombudsman is responsible for the promotion of
    human rights and good governance. It has the power to investigate and
    monitor human rights abuses and governance standards, and to make
    recommendations to the relevant authorities. The Ombudsman's Office was
    located in Dili, with satellite offices in Same, Bobonaro, Oecussi, and
    Baucau. It had limited ability to conduct outreach or activities in
    other districts. The Human Rights Monitoring Network, made up of 10
    NGOs, closely cooperated with the ombudsman.
        In July 2008 President Ramos-Horta and Indonesian President
    Yudhoyono publicly accepted the bilateral Commission on Truth and
    Friendship's (CTF) finding that gross human rights violations had been
    committed during and after the 1999 independence referendum. The report
    assigned ``institutional responsibility'' for such violations to the
    Indonesian Armed Forces. Presidents Yudhoyono and Ramos-Horta also
    accepted the report's other findings, conclusions, and recommendations.
    Neither government pursued individuals responsible for abuses at this
    time. In December 2009 parliament adopted a resolution acknowledging
    the work and reports of the CTF and the Commission for Reception,
    Truth, and Reconciliation. The resolution instructed that legislation
    be drafted to implement the recommendations of the two reports and to
    establish an autonomous body to carry them out. Parliament debated a
    national reparations program and ``Institute for Memory'' during the
    year, but at years' end, no legislation implementing the CTF
    recommendations had been passed.
    Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
        Government regulations prohibit all forms of discrimination.
    Nonetheless, violence against women was a problem, and discrimination
    against women, persons with disabilities, and members of minority
    groups occurred.

        Women.--Gender-based violence remained a serious concern. Although
    rape is a crime, failures to investigate or prosecute cases of alleged
    rape and sexual abuse were common, as were long delays. Authorities
    reported that the backlog of court cases led some communities to
    address rape accusations through traditional law, which does not always
    provide justice to victims. The definition of rape under the Penal Code
    appears broad enough to make spousal rape a crime, although that
    definition had not been tested in the courts.
        On May 3, the parliament passed the Law against Domestic Violence.
    The law was enacted to provide protection and defense to vulnerable
    groups including women, children, the elderly, and persons with
    disabilities, against all forms of violence, exploitation,
    discrimination, abandonment, oppression, sexual abuse, and
    mistreatment.
        Domestic violence against women was a significant problem often
    exacerbated by the reluctance of authorities to respond aggressively.
    Cases of domestic violence and sexual crimes generally were handled by
    the PNTL's Vulnerable Persons Units (VPUs). Women's organizations
    assessed VPU performance as variable, with some officials actively
    pursuing cases and others preferring to handle them through mediation
    or as private family matters. VPU operations were severely constrained
    by lack of support and resources. Police at times came under pressure
    from community members to ignore cases of domestic violence or sexual
    abuse.
        There was no law prohibiting sexual harassment, and sexual
    harassment was reportedly widespread, particularly within some
    government ministries and the police.
        The Government recognized the right of couples and individuals to
    decide freely and responsibly the number, spacing, and timing of their
    children to have the information and means to do so free from
    discrimination, coercion, and violence. Women's access to family
    planning information, education, and supplies was limited principally
    by economic considerations. Contraceptive use was low, although the
    Ministry of Health and NGOs promoted both natural and modern family
    planning methods, including the distribution of intrauterine devices,
    injectable contraceptives, and condoms. The results of a Demographic
    and Health survey released during the year indicated significant
    improvements in mortality rates, but adult women continued to suffer
    from higher mortality than men and 42 percent of such deaths were
    associated with pregnancy and childbirth. According to 2008 estimates
    by the UN Population Fund, the maternal mortality rate in the country
    was 370 deaths per 100,000 live births. Thirty percent of women had
    skilled attendance during childbirth, 61 percent of mothers received
    antenatal care from a medical professional, and only 32 percent of
    mothers received postpartum care. Both women and men had equal access
    to diagnostic and treatment services for sexually transmitted
    infections, including HIV.
        Some customary practices discriminate against women. For example,
    in some regions or villages where traditional practices hold sway,
    women may not inherit or own property. Traditional cultural practices,
    such as payment of a bride price and occasionally polyandry, also
    occurred. Women were also disadvantaged in pursuing job opportunities
    at the village level.
        The constitution guarantees equal rights to own property.
    Parliament debated a national land law, which included more specific
    rights for women's ownership of land, but at year's end, no land law
    legislation was passed.
        The Secretary of State for the Promotion of Equality in the Prime
    Minister's Office is responsible for the promotion of gender equality.
    UNMIT's Gender Affairs Unit also monitored discrimination against
    women. Women's NGOs worked under an umbrella organization called Rede
    Feto (Women's Network). Rede Feto coordinated the work of NGOs working
    on women's issues and provided input to draft legislation on women's
    issues, such as the recent Law on Domestic Violence. The Secretary of
    State for the Promotion of Equality and the Advisor to the Prime
    Minister for Civil Society both coordinated and supported the work of
    Rede Feto.
        Women's organizations offered some assistance to female victims of
    violence, including shelters for victims of domestic violence and
    incest, a safe room at the national hospital for victims of domestic
    violence and sexual assault, and escorts to judicial proceedings.
        In November the country submitted its candidacy as a member of the
    UN Women Executive Board.

        Children.--Children acquire citizenship both through birth within
    the territory of the country and by having a citizen parent. A Central
    Civil Registry registers a child's name at birth and issues birth
    certificates. The rate of birth registration was low.
        The constitution stipulates that primary education shall be
    compulsory and free; however, no legislation has been adopted
    establishing the minimum level of education to be provided, nor has a
    system been established to ensure provision of free education.
    According to UN statistics, approximately 20 percent of primary school-
    age children nationwide were not enrolled in school; the figures for
    rural areas were substantially higher than those for urban areas.
        In rural areas heavily indebted parents sometimes provided their
    children as indentured servants as a way to settle the debt. If the
    child was a girl, the receiving family could also demand any dowry
    payment normally owed to the girl's parents.
        There is no clearly defined age below which sex is by definition
    nonconsensual. Violence against children and child sexual assault was a
    significant problem. Some commercial sexual exploitation of minors
    occurred. The Penal Code describes a vulnerable victim for purposes of
    rape as a ``victim aged less than 17 years'' and provides an aggravated
    sentence. The Penal Code separately addresses ``sexual abuse of a
    minor,'' which is described as one ``age less than 14 years,'' and also
    separately addresses ``sexual acts with an adolescent,'' which it
    defines as ``a minor aged between 14 and 16 years.'' The Penal Code
    also makes both child prostitution and child pornography crimes and
    defines a ``child'' for purposes of those provisions as a ``minor aged
    less than 17 years.'' The Penal Code also criminalizes abduction of a
    minor, although it does not define what constitutes a minor for
    purposes of that section.
        In September 2009 the Prime Minister's office established the
    Timor-Leste National Commission on Child Rights. The commission is
    mandated to promote, defend, and monitor child rights.
        The country is not a party to the 1980 Hague Convention on the
    Civil Aspects of International Child Abduction. For information on
    international parental child abduction, please see the Department of
    State's annual report on compliance at http://travel.state.gov/
    abduction/resources/congressreport/congressreport--4308.html.

        Anti-Semitism.--There was no indigenous Jewish population, and
    there were no reports of anti-Semitic acts.

        Trafficking in Persons.--For information on trafficking in persons,
    please see the Department of State's annual Trafficking in Persons
    Report at www.state.gov/g/tip.

        Persons With Disabilities.--Although the constitution protects the
    rights of persons with disabilities, the Government has not enacted
    legislation or otherwise mandated accessibility to buildings for
    persons with disabilities, nor does the law prohibit discrimination
    against persons with physical, sensory, intellectual, and mental
    disabilities. There were no reports of discrimination against persons
    with disabilities in employment, education, or the provision of other
    state services; however, in many districts children with disabilities
    were unable to attend school due to accessibility problems.
        Training and vocational initiatives did not address the needs of
    persons with disabilities. In the past some persons with mental
    disabilities faced discriminatory or degrading treatment due in part to
    a lack of appropriate treatment resources or lack of referral to
    existing resources; it was not clear whether this situation had
    improved. Mentally ill persons were imprisoned with the general prison
    population and were denied needed psychiatric care. An office in the
    Ministry of Social Solidarity was responsible for protecting the rights
    of persons with disabilities. Persons with disabilities are eligible
    for monthly special monetary stipends through the Ministry of Social
    Solidarity.

        National/Racial/Ethnic Minorities.--Although tensions between
    persons from the eastern districts (Lorosae) and persons from the
    western districts (Loromonu) contributed to the 2006 political crisis,
    such tensions appeared to be greatly reduced and no specific incidents
    were observed during the year.
        Relations were generally good between the ethnic majority and
    members of several small ethnic minority groups including ethnic
    Chinese (who constitute less than 1 percent of the population) and
    ethnic-Malay Muslims.

        Societal Abuses, Discrimination, and Acts of Violence Based on
    Sexual Orientation and Gender Identity.--The law makes no reference to
    homosexual activity. Gays and lesbians were not highly visible in the
    country, which was predominantly rural, traditional, and religious.
    According to the East Timor Law and Justice Bulletin (ETLJB), the
    principal international NGO that runs an HIV-AIDS transmission
    reduction program excludes gays from its program. Aside from the ETLJB
    report, there were no formal reports of discrimination based on sexual
    orientation, due in part to limited awareness of the issue and a lack
    of formal legal protections.

        Other Societal Violence or Discrimination.--There were no formal
    reports of discrimination based on HIV/AIDS status.
    Section 7. Worker Rights

        a. The Right of Association.--The country has a labor code based on
    the International Labor Organization's standards. The law permits
    workers to form and join worker organizations without prior
    authorization. Unions may draft their own constitutions and rules and
    elect their representatives; however, attempts to organize workers
    generally were slowed by inexperience, a lack of organizational skills,
    and the fact that more than 80 percent of the workforce was in the
    informal sector. There are official registration procedures for trade
    unions and employer organizations. At year's end the Government began
    compiling data on the percentage of unionized workers in the formal
    sector.
        While the law prohibits dismissal for union activity, it also
    allows for financial compensation in lieu of reinstatement, thus
    partially weakening the protection against employers' interference.
        The law provides for the right to strike, but few workers exercised
    this right during the year. The law on assembly and demonstrations
    could be used to inhibit strikes but was not used in this way.
        The law prohibits foreigners from participating in the
    administration of trade unions.

        b. The Right to Organize and Bargain Collectively.--While
    collective bargaining is permitted by law, workers generally had little
    experience negotiating contracts, promoting worker rights, or engaging
    in collective bargaining and negotiations. The Ministry of Social
    Solidarity is the Government agency charged with labor dispute
    settlement.
        There are no formal export processing zones.

        c. Prohibition of Forced or Compulsory Labor.--Government
    regulations prohibit forced or compulsory labor, and there were reports
    that such practices occurred. Men from Burma were subjected to
    conditions of forced labor in construction and other industries, while
    men from Cambodia and Thailand were forced to toil on fishing boats
    under harsh working conditions, and with poor food and no access to
    medical care. Also see the Department of State's annual Trafficking in
    Persons Report at https//www.state.gov/g/tip.

        d. Prohibition of Child Labor and Minimum Age for Employment.--The
    law generally prohibits children under 18 from working; however, there
    are circumstances under which children between the ages of 15 and 18,
    as well as children under 15, can work. The minimum age does not apply
    to family-owned businesses, and many children worked in the
    agricultural sector. Child labor in the informal sector was a major
    problem. In practice enforcement of the labor code outside of Dili was
    limited.

        e. Acceptable Conditions of Work.--The law does not stipulate a
    minimum wage. The law provides for a standard workweek of 40 hours,
    standard benefits such as overtime and leave, and minimum standards of
    worker health and safety. The Ministry of Social Solidarity is
    responsible for enforcing the labor code. A National Labor Board and a
    Labor Relations Board exist, and there are no restrictions on the
    rights of workers to file complaints and seek redress. Workers have the
    right to remove themselves from hazardous conditions without
    jeopardizing employment; however, it was not clear whether they could
    avail themselves of this right in practice.

                                   __________

                                     TONGA

        The Kingdom of Tonga is a constitutional monarchy with a population
    of approximately 120,900. Political life is dominated by King Siaosi
    (George) Tupou V, the nobility, and a few prominent commoners.
    Parliamentary elections held November 25 were deemed generally free and
    fair. On December 21, Parliament elected nobles' representative Lord
    Tu'ivakano as prime minister. A state of emergency declared following a
    2006 riot in the capital of Nuku'alofa remained in effect during the
    year but limited in scope to Nuku'alofa. Security forces reported to
    civilian authorities.
        The king's June replacement of the Judicial Services Commission
    with a royally appointed lord chancellor for appointing judges raised
    concerns about the continued independence of the judiciary. The
    Government at times restricted media coverage of certain political
    topics. Government corruption was a problem, and domestic violence and
    discrimination against women continued.
        The aristocracy-dominated political system was democratized during
    the year with the November parliamentary elections, in which for the
    first time a majority of members were popularly elected in accordance
    with political reforms promulgated in 2009.
                            respect for human rights
    Section 1. Respect for the Integrity of the Person, Including Freedom
            From:

        a. Arbitrary or Unlawful Deprivation of Life.--There were no
    reports that the Government or its agents committed arbitrary or
    unlawful killings.

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

        c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
    Punishment.--The law prohibits such practices, and the Government
    generally respected these prohibitions in practice.

        Prison and Detention Center Conditions.--Prison and detention
    center conditions generally met international standards. The Government
    permitted monitoring visits by international human rights observers,
    but there were no such visits during the year.
        At year's end the country's four prisons and other detention
    facilities--located on the main islands of Tongatapu, Vava'u, Ha'apai,
    and 'Eua--held a total of 159 inmates, including pretrial detainees. Of
    these, seven were women and 22 were juveniles (defined as under age
    20). A breakdown between the number of convicted prisoners and the
    number of pretrial detainees was not available. There were 103 male and
    seven female inmates in Tongatapu Prison, four additional prisoners who
    lived and worked on the prison's animal farm, and one person held in a
    police cell on Tongatapu. There were 14 inmates on Vava'u, 13 on
    Ha'apai, and 17 on 'Eua--all male. The maximum prison capacity was 132
    persons on Tongatapu, 14 on Vava'u, 13 on Ha'apai, and 30 on 'Eua.
        Prisoners had reasonable access to visitors and were permitted
    religious observance. The authorities permitted prisoners to submit
    complaints without censorship to the prison officer-in-charge, who then
    forwarded them to the commissioner of prisons for review and action. At
    least once every quarter, a group of three to five persons called
    ``visiting officers,'' chosen by the cabinet and normally including a
    police magistrate, a physician, and a clergyman, visited the prisons to
    hear any prisoner complaints or grievances. Prisoners also are
    permitted to submit complaints to judicial authorities.
        The country does not have an ombudsman who can serve on behalf of
    prisoners and detainees to consider such matters as alternatives to
    incarceration for nonviolent offenders to alleviate overcrowding;
    addressing the status and circumstances of confinement of juvenile
    offenders; or improving pretrial detention, bail, and recordkeeping
    procedures to ensure that prisoners do not serve beyond the maximum
    sentence for the charged offense. However, overcrowding was not a
    problem during the year, and the authorities maintained a tracking
    system to ensure that prisoners were not held beyond the maximum
    sentence for their offense.

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

        Role of the Police and Security Apparatus.--The security apparatus
    consists of the Tonga Defense Services (TDS) and a police force. The
    minister of defense controls the TDS, which is responsible for external
    security and, under the state of emergency, shared domestic security
    duties with the police.
        The minister of police and prisons directs the police force of
    approximately 405 persons. There were no reports of police impunity
    during the year. Public complaints against the police are referred to a
    specific police office that conducts internal investigations and, if
    necessary, convenes a police tribunal. Entry-level police training
    included training on corruption, ethics, transparency, and human
    rights.

        Arrest Procedures and Treatment While in Detention.--The law
    provides for the right to judicial determination of the legality of
    arrest, and this was observed in practice during the year. Under normal
    circumstances police have the right to arrest detainees without a
    warrant, but detainees must be brought before a local magistrate within
    24 hours. In most cases magistrates set bail. The law permits unlimited
    access by counsel and family members to detained persons. Indigent
    persons could obtain legal assistance from the community law center
    (CLC). However, the CLC did not have a dedicated source of funding
    during the year and was dependent on donations.

        e. Denial of Fair Public Trial.--The constitution provides for an
    independent judiciary, and the Government generally respected judicial
    independence in practice. The highest-ranking judges historically have
    been foreign nationals from the British Commonwealth legal tradition.
        In June the king announced that the appointment of judges would
    hereafter be handled by a lord chancellor appointed by the monarch in
    place of the Judicial Services Commission, which the king disbanded.
    The lord chancellor also has authority to investigate complaints
    against judges, which previously rested with the Judicial Services
    Commission. The change ostensibly was made to insulate judicial
    appointments from parliamentary influence. Opponents of the change
    asserted it would compromise the independence of the judiciary.
        A number of controversial changes were made in the judiciary during
    the year. In December 2009 the cabinet reportedly decided not to renew
    the chief justice's contract; he left office in August. His departure
    was followed by the contentious departure, also in August, of Acting
    Chief Justice Warwick Andrew, who claimed he was prevented from
    completing the remaining one month of his term. The Government denied
    this, stating that Andrew was granted early leave that he had
    requested. These departures left the judiciary with only one sitting
    judge and one magistrate until newly appointed Chief Justice Michael
    Scott began his term in September. Subsequently, two additional
    magistrates were appointed to the Tongatapu courts to manage a backlog
    of cases that arose due to the availability of only one sitting
    magistrate, whose death in September created even more delays in court
    processes.

        Trial Procedures.--The constitution provides for the right to a
    fair trial, and an independent judiciary generally enforced this right.
    Trials are public, and defendants have the option to request a seven-
    member jury. Defendants are presumed innocent, may question witnesses
    against them, and have access to government-held evidence. They have
    the right to be present at their trials and to consult with an attorney
    in a timely manner. Public defenders are not provided, but the CLC
    provided free legal advice and representation in court. Local lawyers
    occasionally took pro bono cases. Defendants have the right of appeal.
    The law extends these rights to all citizens.

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

        Civil Judicial Procedures and Remedies.--There is an independent
    and impartial judiciary in civil matters. Any violation of a human
    right provided for in the law can be addressed in the courts.

        f. Arbitrary Interference With Privacy, Family, Home, or
    Correspondence.--The constitution prohibits such actions, and the
    Government generally respected these prohibitions in practice.
    Section 2. Respect for Civil Liberties, Including:

        a. Freedom of Speech and Press.--The constitution provides for
    freedom of speech and of the press, but the Government did not always
    respect these rights in practice.
        In May the Government withdrew a charge against member of
    Parliament Clive Edwards for ``speaking seditious words'' at a
    prodemocracy rally in 2006.
        Media outlets reported on political developments and high-profile
    court cases but exercised self-censorship regarding high-profile
    individuals. Since the political campaigns of 2008, the Government-
    owned Tonga Broadcasting Commission (TBC)'s board has directed that all
    programming be reviewed by TBC board-appointed censors prior to
    broadcast.
        In December the Ministry of Information ordered the FM 88.1 radio
    station to cease broadcasting, on the grounds that it was broadcasting
    without a license. The station had been operating under a license owned
    by publisher Kalafi Moala, who reportedly withdrew the license after
    receiving complaints from the ministry about the station's political
    reporting. The station's owner denied that its reporting was partisan
    and asserted that the Government was attempting to hinder public
    discussion about the negotiations to form a new government after the
    November elections.
        Media access to parliamentary debates remained restricted; however,
    the debate minutes were available publicly online a day after the
    debates. The Government lifted these restrictions to allow the media to
    cover Parliament's election of a new prime minister in December.
    However, some prodemocracy media complained that their reporters were
    not invited to the new prime minister's installation ceremony, although
    other media representatives were invited.
        Privately owned media carried reports about internal government
    changes and policies, and letters to the editor continued to be a
    favorite venue for citizens to air criticisms and concerns about the
    country's direction. From time to time, private media carried comments,
    including some by prominent citizens, critical of government practices
    and policies.

        Internet Freedom.--There were no government restrictions on access
    to the Internet or reports that the Government monitored e-mail or
    Internet chat rooms. Individuals and groups could engage in the
    expression of views via the Internet, including by e-mail. Lack of
    infrastructure limited access to a certain extent, but there were
    Internet cafes available in the larger towns in all three of the
    country's main island groups. The International Telecommunication Union
    reported that approximately 7 percent of the country's inhabitants used
    the Internet in 2009.

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

        b. Freedom of Peaceful Assembly and Association.--Freedom of
    Assembly.--The constitution provides for freedom of assembly, and the
    Government generally respected this right in practice. Revised
    emergency powers regulations, issued in September 2008 and renewed
    every 30 days thereafter, do not explicitly prohibit public meetings or
    gatherings.
        By year's end all court cases involving persons charged with
    offenses relating to the 2006 riot in Nuku'alofa had been resolved.

        Freedom of Association.--The constitution provides for freedom of
    association, and the Government generally respected this right in
    practice.

        c. Freedom of Religion.--For a complete description of religious
    freedom, please see the 2010 International Religious Freedom Report at
    www.state.gov/g/drl/irf/rpt

        d. Freedom of Movement, Internally Displaced Persons, Protection of
    Refugees, and Stateless Persons.--The law provides for freedom of
    movement within the country, foreign travel, emigration, and
    repatriation, and prior to the declaration of a state of emergency in
    2006, the Government generally respected these rights in practice. The
    continuing emergency powers regulations authorized the police and
    military to restrict free movement in and around a ``proclaimed area''
    of Nuku'alofa, but these restrictions were rarely enforced.
        The need did not arise during the year for cooperation with the UN
    High Commissioner for Refugees or other humanitarian organizations in
    providing protection and assistance to internally displaced persons,
    refugees, returning refugees, asylum seekers, stateless persons, and
    other persons of concern.
        The law does not prohibit forced exile, but the Government did not
    employ it in practice.

        Protection of Refugees.--The country is not a party to the 1951
    Convention relating to the Status of Refugees or the 1967 Protocol
    relating to the Status of Refugees. Its laws do not provide for the
    granting of asylum or refugee status, and the Government has not
    established a system for providing protection to refugees. In principle
    the Government provided protection against the expulsion or return of
    refugees to countries where their lives or freedom would be threatened
    on account of their race, religion, nationality, membership in a
    particular social group, or political opinion, but no persons were
    known to have applied for refugee status or temporary protection during
    the year.
    Section 3. Respect for Political Rights: The Right of Citizens to
            Change Their Government
        During the year the Government implemented political reforms
    approved by Parliament in 2009. The number of popularly elected members
    of the unicameral Parliament was increased to a majority of 17 out of
    26; the remaining nine MPs are nobles elected by their peers.
    Parliament elects the prime minister, who appoints the cabinet; up to
    four cabinet members may be selected from outside Parliament. Prior to
    the reforms, only nine of 30 MPs were popularly elected, with nine
    elected by the nobles and the remainder appointed by the king; the king
    also appointed the prime minister and cabinet. Cabinet members and
    nobles often voted as a bloc.
        Although, under the reforms, the majority of MPs are chosen by
    popular vote, the king retains significant powers, such as that to
    withhold his assent to laws and to dissolve Parliament.

        Elections and Political Participation.--Citizens 21 years or older
    and resident in the country may vote. The most recent parliamentary
    elections, held November 25, were deemed generally free and fair and
    resulted in a strong showing for prodemocracy candidates, who won 12 of
    the 17 popularly elected seats. However, five popularly elected MPs
    joined with the nine nobles to elect a noble, Lord Tu'ivakano, as prime
    minister.
        Nobles and cabinet members associated with the royal family have
    traditionally dominated the Parliament and government. For several
    decades a democracy movement has been building, and since 2005 three
    pro-reform political parties have been registered.
        There was one woman in the 30-member Parliament prior to the
    November election. No women were elected to the new Parliament in
    November. A woman may become queen, but the constitution forbids a
    woman to inherit hereditary noble titles or become a chief.
        There were no members of minorities in the Government.
    Section 4. Official Corruption and Government Transparency
        The law provides criminal penalties for official corruption. The
    Government generally implemented the law, but officials often engaged
    in corrupt practices with impunity, and corruption remained a serious
    problem. In February 2008 the Office of the Auditor General began
    reporting to Parliament directly, instead of to the prime minister. The
    Office of the Anti-Corruption Commissioner is empowered to investigate
    official corruption.
        There were unconfirmed reports of government corruption during the
    year. Incidents of bribe taking and other forms of corruption in the
    police force reportedly occurred. Government preferences appeared to
    benefit unfairly businesses associated with government officials,
    nobles, and the royal family. There is no law requiring financial
    disclosure for public officials. The royal family continued to exert
    significant influence over public finances.
        The law does not specifically allow for public access to government
    information, and such access was a problem, especially when the
    Government deemed the information sensitive.
    Section 5. Governmental Attitude Regarding International and
            Nongovernmental Investigation of Alleged Violations of Human
            Rights
        Domestic and international human rights groups generally operated
    without government restriction, investigating and publishing their
    findings on human rights cases. Government officials were fairly
    cooperative and responsive to their views.
        Government offices include a commission on public relations that
    investigates and seeks to resolve complaints about the Government.
    Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
        The law confirms the special status of members of the royal family
    and the nobility. While social, cultural, and economic facilities were
    available to all citizens regardless of race and religion, members of
    the hereditary nobility had substantial advantages, including control
    over most land and a generally privileged status.

        Women.--Rape is punishable by up to 15 years' imprisonment. The law
    does not recognize spousal rape. The incidence of rape appeared to be
    infrequent, although there were no reliable statistics. Rape cases were
    investigated by the police and prosecuted under the penal code. Police
    received two reports of rape during the year. One nongovernmental
    organization (NGO) reported receiving three reports of rape.
        The Police Domestic Violence Unit, together with various NGOs,
    including the National Center for Women and Children, the Women and
    Children Crisis Center, and the Salvation Army, conducted public
    awareness and prevention campaigns against domestic violence.
    Statistics compiled by the National Center for Women and Children and
    the Women and Children Crisis Center indicated that more than 600
    persons sought assistance from these organizations during the year. Of
    these, 79 percent were women, and 14 percent were children. Domestic
    violence was the leading complaint for women, while neglect and
    physical abuse were the leading reasons for seeking assistance for
    children.
        The law does not address domestic violence specifically, but
    domestic violence can be prosecuted under laws against physical
    assault. The Police Domestic Violence Unit has a ``no drop'' policy in
    complaints of domestic assault, and these cases proceed to prosecution
    in the Magistrate's Court. The no drop policy was introduced in 2009
    because many women were reluctant to press charges against their
    spouses due to cultural constraints. Police received 174 domestic
    assault reports during the year. Following reports of abuse, victims
    received counseling from Police Domestic Violence Unit officers.
    Perpetrators were also provided counseling. The police worked with the
    National Center for Women and Children as well as the Women and
    Children Crisis Center to provide shelter for abused women. The Free
    Wesleyan Church operated a hotline for women in trouble, and the
    Salvation Army provided counseling and rehabilitation programs.
        Sexual harassment is not a crime, but physical sexual assault can
    be prosecuted as indecent assault. Sexual harassment of women sometimes
    occurred, based on complaints received by the Police Domestic Violence
    Unit.
        Couples and individuals have the right to decide freely and
    responsibly the number, spacing, and timing of their children. Public
    hospitals and health centers and a regional NGO's clinic provided free
    information about and access to contraception. According to indicators
    published by the Population Research Bureau (PRB), an estimated 23
    percent of married women ages 15-49 used modern contraceptive methods.
    Under a Ministry of Health policy, a woman is not permitted to undergo
    a tubal ligation at a public hospital without the consent of her
    husband or, in his absence, her male next of kin. Public hospitals and
    health centers provided free prenatal, obstetric, and postpartum care.
    According to PRB indicators, skilled health personnel attended an
    estimated 95 percent of births. According to Ministry of Health data,
    in 2007 (the latest figure available) the estimated maternal mortality
    ratio was 37 deaths per 100,000 live births. Women and men received
    equal access to diagnosis and treatment for sexually transmitted
    infections, including HIV.
        Inheritance laws, especially those concerned with land,
    discriminate against women. Women can lease land, but inheritance
    rights pass through the male heirs. Under the inheritance laws, the
    claim to a father's estate by a male child born out of wedlock takes
    precedence over the claim of the deceased's widow or daughter. If there
    are no male relatives, a widow is entitled to remain on her husband's
    land as long as she does not remarry or engage in sexual intercourse.
        The Office of Women within the Ministry of Education, Women, and
    Culture is responsible for facilitation of development projects for
    women. During the year the office assisted women's groups in setting up
    work programs.
        There were no reports of discrimination against women compared with
    men in the terms of employment, including types of work, hours worked,
    or pay. Women who rose to positions of leadership often had links with
    the nobility. Some female commoners held senior leadership positions in
    business and government, including that of governor of the Reserve
    Bank.
        The National Center for Women and Children and the Women and
    Children Crisis Center focused on domestic abuse and improving the
    economic and social conditions of women. Both offered counseling to
    women in crisis, and the Women and Children Crisis Center operated a
    safehouse for women and children. Other NGOs, including Ma'a Fafine Moe
    Famili (For Women and Families, Inc.) and the Tonga National Women's
    Congress, promoted human rights, focusing on the rights of women and
    children. Several religiously affiliated women's groups also advocated
    for women's legal rights.

        Children.--Birth in the country does not confer citizenship.
    Citizenship is derived from one's parents or from the citizen parent if
    only one parent is a citizen.
        According to Police Domestic Violence Unit statistics, during the
    year there were 22 reports of assaults on children up to age 18, two of
    which involved children age 10 or younger. One person was sentenced to
    life imprisonment for manslaughter in the 2009 death of a four-year-old
    child, but in October the Appeals Court ordered a retrial on grounds of
    miscarriage of justice. The retrial was pending before the Supreme
    Court at year's end.
        The minimum age for consensual sex is 16 years. Violators may be
    charged with indecent assault on a female, which carries a maximum
    penalty of two years' imprisonment; indecent assault of a child carries
    a maximum sentence of five years. A separate provision of law prohibits
    carnal knowledge of a girl under age 12, with a maximum penalty of life
    imprisonment. The law also prohibits child pornography, with penalties
    of a fine of up to 100,000 pa'anga (approximately $53,475) or up to 10
    years' imprisonment for individuals and a fine of up to 250,000 pa'anga
    (approximately $133,700) for corporations.
        The country is not a party to the 1980 Hague Convention on the
    Civil Aspects of International Child Abduction. For information on
    international parental abduction, please see the Department of State's
    annual report on compliance at http://travel.state.gov/abduction/
    resources/congressreport/congressreport--4308.html.

        Anti-Semitism.--There was no known resident Jewish community, and
    there were no reports of anti-Semitic acts.

        Trafficking in Persons.--In 2009 there were no confirmed reports
    that persons were trafficked to, from, or within the country.

        Persons With Disabilities.--There are no legally mandated
    provisions for services for persons with physical, sensory,
    intellectual, or mental disabilities. There were no formal complaints
    of discrimination in employment, education, and provision of other
    government services. However, there were no programs to ensure access
    to buildings for persons with disabilities, and in practice most
    buildings were not accessible. There also were no programs to ensure
    access to communications and information for persons with disabilities.
    The Tonga Red Cross Society operated a school for children with
    disabilities and conducted occasional home visits. A Ministry of
    Education pilot program, which began in 2007, continued during the year
    to assimilate children with disabilities into primary schools. The
    queen mother ran a center providing accommodation and meals for adults
    with disabilities. There was an NGO advocating on behalf of persons
    with disabilities.
        There was no specific government agency with responsibility for
    protecting the rights of persons with disabilities.

        National/Racial/Ethnic Minorities.--According to the Ministry of
    Labor, Commerce, and Industries, ownership and operation of food retail
    stores in the country has been legally restricted to citizens since
    1978. Despite this policy the retail sector in many towns was dominated
    by Chinese nationals, who also moved into unrestricted sectors of the
    economy. There were reports of crime and societal discrimination
    targeted at members of the Chinese minority.

        Societal Abuses, Discrimination, and Acts of Violence Based on
    Sexual Orientation and Gender Identity.--Sodomy is illegal, with a
    maximum penalty of 10 years' imprisonment, but there were no reports of
    prosecutions directed at lesbian, gay, bisexual, or transgender persons
    under this provision. Persons who engaged in openly homosexual behavior
    faced societal discrimination. There were no reports of violence
    against persons based on sexual orientation or gender identity.

        Other Societal Violence or Discrimination.--There were no reports
    of discrimination or violence against persons based on HIV/AIDS status.
    Section 7. Worker Rights

        a. The Right of Association.--Workers gained the right to form
    unions under the 1964 Trade Union Act, but regulations on the formation
    of unions were never promulgated, and there were no official unions. An
    estimated 35 percent of the population were wage earners, of whom
    approximately 65 percent worked in the agricultural sector. The
    Friendly Islands Teachers Association and the Tonga Nurses Association
    were incorporated under the Incorporated Societies Act; however, they
    have no formal bargaining rights under the act. The Public Servants
    Association (PSA) acted as a de facto union representing all government
    employees.
        The Trade Union Act provides workers with the right to strike, but
    implementing regulations were never formulated. There have been
    strikes, but none took place during the year.

        b. The Right to Organize and Bargain Collectively.--The law permits
    collective bargaining, but there were no implementing regulations, and
    collective bargaining was not known to take place in practice.
        There was no dispute resolution mechanism in place specifically for
    labor disputes, although persons could take their cases to court. In
    January an out-of-court settlement was recorded in the PSA's suit
    against the Government relating to the firing of the PSA secretary from
    her government job in 2007; the details were not made public.
        There are no special laws or exemptions from regular labor laws in
    the two small export processing zones.

        c. Prohibition of Forced or Compulsory Labor.--The law prohibits
    forced or compulsory labor, and there were no reports that such
    practices occurred among citizens. There were anecdotal reports that
    some foreign workers may have been coerced into forced labor.

        d. Prohibition of Child Labor and Minimum Age for Employment.--
    Although there is no legislation prohibiting child labor, the practice
    did not exist in the wage economy. According to the National Center for
    Women and Children and other NGOs, some school-age children were
    working in the informal sector in traditional family activities such as
    subsistence farming and fishing.

        e. Acceptable Conditions of Work.--There is no minimum wage law,
    although there are government guidelines for wage levels set by the
    Ministry of Labor, Commerce and Industries. According to the Asian
    Development Bank, 23 percent of workers in 16 communities surveyed in
    2005 earned less than 29 pa'anga (approximately $16) per week, which
    did not provide a decent standard of living for a worker and family.
    Government workers received pay raises in 2009, and their salaries
    generally were sufficient to provide a decent standard of living for a
    worker and family.
        Labor laws and regulations, enforced by the Ministry of Labor,
    Commerce, and Industries, limited the workweek to 40 hours. The
    ministry enforced laws and regulations in the wage sector of the
    economy, particularly on the main island of Tongatapu, but enforcement
    in the agricultural sector and on the outer islands was less
    consistent.
        Few industries exposed workers to significant danger, and
    industrial accidents were rare. Workers have the right to remove
    themselves from situations that endangered health or safety without
    jeopardy to their employment; however, the authorities seldom enforced
    this right.

                                   __________

                                     TUVALU

        Tuvalu is a parliamentary democracy with a population of
    approximately 11,100. In September citizens elected a 15-member
    unicameral Parliament in generally free and fair elections. There were
    no formal political parties. Following the elections a loose coalition
    of eight members of Parliament formed a new government and selected
    Maatia Toafa as prime minister. In December Parliament ousted Toafa in
    a vote of no confidence and selected Willy Telavi, Toafa's former
    health minister, as the new prime minister. Security forces reported to
    civilian authorities.
        Few human rights problems were reported, but there were concerns
    that traditional customs and social patterns led to and perpetuated
    religious and social discrimination, including discrimination against
    women. Domestic violence also was a problem.
                            respect for human rights
    Section 1. Respect for the Integrity of the Person, Including Freedom
            From:

        a. Arbitrary or Unlawful Deprivation of Life.--There were no
    reports that the Government or its agents committed arbitrary or
    unlawful killings.

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

        c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
    Punishment.--The constitution prohibits such practices, and there were
    no reports that government officials employed them.
        Local hereditary elders exercise traditional discretionary
    punishment and disciplinary authority. This includes the right to
    inflict corporal punishment for infringement of customary rules, which
    can be at odds with national law. However, during the year there were
    no reports of such corporal punishment.

        Prison and Detention Center Conditions.--Prison and detention
    center conditions generally met international standards, and the
    Government permitted visits by local church representatives. The
    Government permitted visits by independent human rights observers, but
    there were no such visits during the year.
        As of October the prison system held seven convicted prisoners and
    one pretrial detainee, all male. The pretrial detainee was held in a
    separate facility from the prisoners. There were no juvenile offenders
    (defined as those under age 18) in custody.
        Prisoners had reasonable access to visitors and were permitted
    religious observance. A government doctor provided medical treatment
    for prisoners. Prisoners were permitted to submit complaints without
    censorship through the Office of the Peoples' Lawyer. During the year
    the Government did not investigate or monitor prison conditions and did
    not receive any complaints or allegations of inhumane prison
    conditions.
        The country does not have an ombudsman who can act on behalf of
    prisoners and detainees.

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

        Role of the Police and Security Apparatus.--Civilian authorities
    maintained effective control over the national police service, and the
    Government has effective mechanisms to investigate and punish police
    abuse and corruption. There were no reports of impunity involving the
    security forces during the year.

        Arrest Procedures and Treatment While in Detention.--The law
    permits arrests without warrants if a police officer witnesses the
    commission of an unlawful act or has ``reasonable suspicion'' that an
    offense is about to be committed. Police estimated that the majority of
    arrests were of this type. Police may hold a person arrested without a
    warrant for no more than 24 hours without a hearing before a
    magistrate. When a court issues an arrest warrant, the maximum
    permissible detention time before a hearing must be held is stated on
    the warrant and normally is one to two weeks.
        There was a functioning system of bail. Arrested persons generally
    were promptly informed of the charges against them, although
    bureaucratic delays sometimes occurred because persons charged with
    serious offenses to be tried in the High Court must wait for its
    semiannual session. Detainees had prompt access to family members. A
    ``people's lawyer'' (public defender) was available free of charge for
    arrested persons and other legal advice. Persons on the outer islands
    did not have ready access to legal services, however, as the people's
    lawyer was based on the main island of Funafuti and infrequently
    traveled to the outer islands. The country had no attorneys in private
    practice.

        e. Denial of Fair Public Trial.--The law provides for an
    independent judiciary, and the Government generally respected judicial
    independence in practice.

        Trial Procedures.--The law provides for the right to a fair trial,
    and an independent judiciary generally enforced this right. Procedural
    safeguards are based on British common law. The law provides for a
    presumption of innocence. Judges conduct trials and render verdicts;
    there are no juries. Trials are public and defendants have the right to
    be present. Defendants have the right to be informed of the nature of
    the offenses with which they are charged, to consult with an attorney
    in a timely manner, and to have access to an independent public
    defender. They also have the right to confront witnesses, present
    evidence, and appeal convictions. The law extends these rights to all
    citizens. Since 2008 the number of backlogged cases awaiting trial both
    on Funafuti and the outer islands decreased significantly.

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

        Civil Judicial Procedures and Remedies.--There is an independent
    and impartial judiciary in civil matters. Individuals may bring
    lawsuits seeking damages for, or cessation of, human rights violations.

        f. Arbitrary Interference With Privacy, Family, Home, or
    Correspondence.--The law prohibits such actions, and the Government
    generally respected these prohibitions in practice.
    Section 2. Respect for Civil Liberties, Including:

        a. Freedom of Speech and Press.--The law provides for freedom of
    speech and of the press, and the Government generally respected these
    rights in practice.
        Although there were no government restrictions, there were no
    private, independent media. The Government's Media Department
    controlled the country's sole radio station.
        There was no domestic television broadcast. Those few who could
    afford it received international satellite television broadcasts. DVDs
    and videotapes circulated freely and were widely available.
    International media were allowed to operate freely.

        Internet Freedom.--There were no government restrictions on access
    to the Internet and no reports that the Government monitored e-mail or
    Internet chat rooms. Individuals and groups could engage in the
    expression of views via the Internet, including by e-mail. In 2009 the
    International Telecommunication Union reported that approximately 43
    percent of the country's inhabitants used the Internet. The relative
    lack of telecommunications infrastructure and high cost restricted
    public access to the Internet beyond the capital island of Funafuti.

        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.--For a complete description of religious
    freedom, please see the 2010 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 need did not arise during the year for government
    cooperation with the Office of the UN High Commissioner for Refugees
    and other humanitarian organizations in providing protection and
    assistance to internally displaced persons, refugees, returning
    refugees, asylum seekers, stateless persons, and other persons of
    concern.
        The constitution prohibits forced exile, and the Government did not
    practice it.

        Protection of Refugees.--The country's laws provide for the
    granting of asylum or refugee status, but the Government has not
    established a system for providing protection to refugees. During the
    year there were no applications for refugee resettlement, asylum, or
    protection against expulsion or return of refugees to countries where
    their lives or freedom would be threatened on account of their race,
    religion, nationality, membership in a particular social group, or
    political opinion.
    Section 3. Respect for Political Rights: The Right of Citizens to
            Change Their Government
        The law provides citizens the right to change their government
    peacefully, and citizens exercised this right in practice through
    periodic, free, and fair elections based on universal suffrage.

        Elections and Political Participation.--The September general
    elections were generally free and fair. An eight-member majority of the
    newly elected Parliament selected Maatia Toafa as prime minister. In
    December Parliament ousted Toafa in a no-confidence vote and selected
    Willy Telavi, the former health minister in Toafa's government, as the
    new prime minister.
        There were no formal political parties; instead, Parliament tended
    to divide between an ad hoc faction with at least the necessary eight
    votes to form a government and an informal opposition faction.
        Participation by women in government and politics was limited,
    largely due to traditional perceptions of women's role in society.
    There were no women in the 15-member Parliament. One woman served as a
    cabinet minister.
        There were no members of minorities in Parliament or the cabinet.
    Section 4. Official Corruption and Government Transparency
        The law provides criminal penalties for some forms of official
    corruption, such as theft; however, laws against corruption are weak.
    There was a widespread public perception that government transparency
    and accountability needed further improvement. While the Government
    enacted a ``leadership code'' in 2007 that outlines standards of
    conduct for government officials, as of year's end it was not
    implemented. Concerns remained that public funds sometimes were
    mismanaged and that government officials sometimes benefited unfairly
    from their positions, particularly in regard to overseas travel and
    related payments and benefits.
        The law provides for annual, public ministerial reports, but
    publication was spotty and often nonexistent. The Auditor General's
    Office, responsible for providing government oversight, was
    underfunded. Public officials were not subject to financial disclosure
    laws.
        Since 2009, together with Nauru and Kiribati, the country has
    participated in a subregional audit support program, an initiative of
    the Pacific Association of Supreme Audit Institutions, with the goal of
    enabling public accounts to be audited to uniformly high standards in a
    timely manner.
        There is no law providing for public access to government
    information. In practice the Government was somewhat cooperative in
    responding to individual requests for such information.
    Section 5. Governmental Attitude Regarding International and
            Nongovernmental Investigation of Alleged Violations of Human
            Rights
        There were no local NGOs focused entirely on human rights, although
    there were no known barriers to their establishment. Some human rights
    advocates, such as the Tuvalu National Council of Women, operated under
    the auspices of the Tuvalu Association of Nongovernmental
    Organizations, which was composed primarily of religious organizations.
    The people's lawyer monitored sentencing, equality before the law, and
    human rights issues in general. This institution, which at times was
    critical of the Government, nonetheless was supported by the
    Government, which frequently sought its advice. The few other local
    organizations involved in human rights issues generally operated
    without government restriction, investigating and publishing their
    findings on human rights cases. However, opportunities to publicize
    such information locally were severely limited due to the lack of local
    print and electronic media. Government officials were somewhat
    cooperative and responsive to local organizations' views.
        The Government cooperated with international governmental
    organizations and permitted visits by UN representatives or other
    organizations.
        Although the country does not have a human rights ombudsman,
    persons can raise human rights concerns and complaints with the Office
    of the People's Lawyer.
    Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
        The law prohibits discrimination on the basis of race, color, and
    place of origin, and the Government generally enforced these
    prohibitions. In 2005 the High Court stated that the omission of gender
    as a basis of discrimination in the constitution was deliberate, and
    there is no constitutional protection against sex discrimination.

        Women.--Rape is a crime punishable by a minimum sentence of five
    years' imprisonment, but spousal rape is not included in the legal
    definition of this offense. There were both arrests and trials for
    rape-related offenses during the year. The High Court convicted one
    defendant of rape and sentenced him to seven years' imprisonment. A
    second rape case was scheduled for trial in March 2011.
        The law does not specifically address domestic violence, and the
    issue was not a source of broad societal debate. Acts of domestic
    violence were prosecuted under the assault provisions of the penal
    code. The maximum penalty for common assault is six months'
    imprisonment, and for assault with actual bodily harm, five years'
    imprisonment. A 2007 demographic and health survey conducted by the
    Secretariat of the Pacific Community reported that approximately 47
    percent of the women surveyed had experienced some type of violence in
    their lifetime. Nine percent experienced sexual violence, 25 percent
    experienced other physical violence, and a further 12 percent were
    victims of both sexual and other physical violence. Human rights
    observers criticized the police for seeking to address violence against
    women using traditional and customary methods of reconciliation rather
    than criminal prosecution. There were no shelters or hotlines for
    abused women.
        The law does not specifically prohibit sexual harassment but
    prohibits indecent behavior, which includes lewd touching. Sexual
    harassment was not widely reported.
        Couples and individuals have the right to decide freely the number,
    spacing, and timing of their children, and have the means and
    information to do so free from discrimination, coercion, and violence.
    The nongovernmental Tuvalu Family Health Association provided
    information and education about, and access to, contraception.
    According to indicators published by the Population Research Bureau, an
    estimated 29 percent of married women ages 15-49 used modern
    contraceptive methods. Government hospitals also offered family
    planning services and provided free prenatal, obstetric, and postnatal
    care. Virtually all births were attended by skilled health personnel,
    and maternal mortality was reported to be at zero since 2004. Women and
    men received equal access to diagnosis and treatment of sexually
    transmitted infections, including HIV.
        There remained some areas in which the law contributes to an
    unequal status for women, such as land inheritance rights and child
    custody rights. In practice women held a subordinate societal position,
    constrained both by law in some instances and by traditional customary
    practices. Nonetheless, women increasingly held positions in the health
    and education sectors, headed a number of NGOs, and were more active
    politically. In the wage economy, men held most higher-paying
    positions, while women held the majority of lower-paying clerical and
    retail positions.

        Children.--Citizenship is derived through one's parents.
        The Government did not compile child-abuse statistics, and there
    were no reported cases of child abuse or child prostitution during the
    year. However, anecdotal evidence indicated that child abuse occurred.
    Corporal punishment, in the form of strokes of a cane or paddle, was
    common in schools.
        The age of consent for sexual relations is 15. Sexual relations
    with a girl below age 13 are punishable by up to life imprisonment.
    Sexual relations with a girl older than age 12 but younger than age 15
    are punishable by up to five years' imprisonment. The victim's consent
    is irrelevant under both these provisions; however, in the latter case,
    reasonable belief that the victim was 15 or older is a permissible
    defense. There is no specific provision of law pertaining to child
    pornography.
        The country is not a party to the 1980 Hague Convention on the
    Civil Aspects of International Child Abduction. For information on
    international parental child abduction, please see the Department of
    State's annual report on compliance at http://travel.state.gov/
    abduction/resources/congressreport/congressreport--4308.html.

        Anti-Semitism.--There was no known Jewish community and no reports
    of anti-Semitic acts.

        Trafficking in Persons.--In 2009 there were no confirmed reports
    that persons were trafficked to, from, or within the country.

        Persons With Disabilities.--The law does not prohibit
    discrimination on the basis of physical, sensory, intellectual, or
    mental disability. There were no known reports of discrimination
    against persons with disabilities in employment, education, or the
    provision of other state services. However, supplementary state
    services to address the special needs of persons with disabilities were
    very limited. There are no mandated building accessibility provisions
    for persons with disabilities. Although the one multi-story government
    building had elevators, they were not operational, and there were no
    elevators in other multi-story buildings. Persons with disabilities had
    limited access to information and communications. The Fusi Alofa
    Association (Tuvalu National Disabled Persons Organization) and the
    Tuvalu Red Cross undertook regular home visits to persons with
    disabilities and conducted educational programs to raise community
    awareness of the rights of persons with disabilities and to advocate
    for such persons. The Fusi Alofa Association ran basic education
    classes in Funafuti for children with disabilities who were not able to
    attend school.
        The Community Affairs Department in the Ministry of Home Affairs
    and Rural Development is responsible for protecting the rights of
    persons with disabilities.

        Societal Abuses, Discrimination, and Acts of Violence Based on
    Sexual Orientation and Gender Identity.--Sodomy and acts of ``gross
    indecency between males'' are illegal, with maximum penalties of 14 and
    seven years' imprisonment, respectively, but there were no reports of
    prosecutions directed against lesbian, gay, bisexual, or transgender
    persons under these provisions during the year. Societal discrimination
    against persons based on sexual orientation was not common, and there
    were no reports of such discrimination during the year.

        Other Societal Violence or Discrimination.--Persons with HIV/AIDS
    faced some societal discrimination. Local agents of foreign companies
    that hired seafarers from Tuvalu to work abroad barred persons with
    HIV/AIDS from employment. The Government and NGOs cooperated to inform
    the public about HIV/AIDS and to counter discrimination. There were no
    reports of violence against persons based on HIV/AIDS status.
    Section 7. Worker Rights

        a. The Right of Association.--The law provides for the right of
    association. Workers were free to organize unions and choose their own
    labor representatives, but most of the working-age population
    (approximately 75 percent) lacked permanent employment and worked in
    the informal and subsistence economy.
        An estimated 69 percent of the wage-earning workforce was employed
    by the Government either directly (39 percent) or in public or
    semipublic corporations (30 percent). Public-sector employees, such as
    civil servants, teachers, and nurses, were members of professional
    associations that did not have union status. The only registered trade
    union, the Tuvalu Seamen's Union, had approximately 1,350 members,
    approximately 300 of whom worked on foreign merchant vessels.
        The law provides for the right to strike, but no strike has ever
    taken place.

        b. The Right to Organize and Bargain Collectively.--The law
    provides for conciliation, arbitration, and settlement procedures in
    cases of labor disputes. Although there are provisions for collective
    bargaining, in practice the few individual private-sector employers set
    their own wage scales. Both the private and public sectors generally
    used nonconfrontational deliberations to resolve labor disputes.
        There are no export processing zones.

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

        d. Prohibition of Child Labor and Minimum Age for Employment.--The
    law prohibits children under age 14 from working in the formal labor
    market. The law also prohibits children under age 15 from industrial
    employment or work on any ship and stipulates that children under age
    18 are not allowed to enter into formal contracts, including work
    contracts. However, a separate provision of law allows children age 15
    or older to enter into apprenticeships of up to five years, subject to
    approval by the Commissioner of Labor. No restrictions are placed on
    the type of work that a child apprentice may perform; however, he or
    she must be medically examined and determined to be physically and
    mentally fit to be employed in the specified occupation. Apprentices
    may lawfully live away from their families; in such cases, under the
    law the contract must adequately provide for the supply of food,
    clothing, accommodation, and medical attention to the apprentice.
    However, the Government did not have sufficient resources to monitor
    and enforce child labor law provisions effectively. Children rarely
    were employed outside the traditional economy of subsistence farming
    and fishing.

        e. Acceptable Conditions of Work.--The minimum wage, set by the
    Ministry of Foreign Affairs and Labor, was barely sufficient to allow a
    worker and family in the wage economy to maintain a decent standard of
    living. The biweekly minimum wage in the public sector was AUS$130
    (approximately $130). The Government does not set a minimum wage for
    the private sector. Private-sector wages were typically somewhat lower
    than the Government's minimum wage rate.
        The Ministry of Foreign Affairs and Labor may specify the days and
    hours of work for workers in various industries. The law sets the
    workday at eight hours. However, the ministry did not have sufficient
    resources to enforce the law during the year.
        The law provides for rudimentary health and safety standards. It
    requires employers to provide adequate potable water supply, basic
    sanitary facilities, and medical care. The Ministry of Foreign Affairs
    and Labor is responsible for the enforcement of these regulations, but
    in practice it provided minimal enforcement. Workers may remove
    themselves from work situations that endanger health or safety without
    jeopardy to their jobs; the law also protects legal foreign workers.

                                   __________

                                    VANUATU

        Vanuatu is a multiparty parliamentary democracy with a population
    of approximately 234,000. The head of government, Prime Minister Sato
    Kilman, was appointed in December after Edward Natapei was ousted in a
    parliamentary vote of no confidence. The most recent elections, held in
    September 2008, were considered generally free and fair. Security
    forces reported to civilian authorities. Police officials on occasion
    acted peremptorily or at the direction of senior politicians.
        Human rights problems during the year included police violence,
    poor prison conditions, arrests without warrants, an extremely slow
    judicial process, government corruption, and violence and
    discrimination against women.
                            respect for human rights
    Section 1. Respect for the Integrity of the Person, Including Freedom
            From:

        a. Arbitrary or Unlawful Deprivation of Life.--The Government or
    its agents did not commit any politically motivated killings. On March
    4, authorities released the report of a coroner's inquest conducted by
    New Zealand Justice Nevin Dawson in the case of escaped prisoner John
    Bule, who died after sustaining multiple injuries while in police
    custody following his recapture in March 2009. The report highlighted
    police abuse by the Vanuatu Mobile Force (VMF), a police paramilitary
    unit, and called for an inquiry into Bule's death and a scaling down of
    the VMF's powers. The report noted instances of intimidation during the
    inquest, including a death threat against Dawson from a senior VMF
    officer. At year's end no one had been charged in the case, and the
    Government had not set up any commission of inquiry into the matter.
        In March a group of villagers from Kaiovo village on Maewo Island
    reportedly killed two brothers from the same village whom they accused
    of using sorcery to cause the deaths of two staff members of Gambule
    Junior Secondary School in 2009. The killings occurred on Ambae Island.
    Police arrested five suspects, who were later released on bail. Two of
    the suspects jumped bail before questioning. At year's end they were
    still at large, and police were still investigating the matter.
        During the year a court found one defendant guilty of murder and
    another guilty of intentional assault causing permanent injury in the
    case of the 2007 mob violence in which three persons were killed and 20
    injured in the Blacksands and Anabrou squatter settlements in Port
    Vila. Specific information on the first defendant's sentence was not
    available. The second defendant was sentenced to two years and nine
    months' imprisonment.

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

        c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
    Punishment.--The constitution prohibits such practices; however, there
    were reports of police and correctional officer abuse of criminal
    suspects and prison inmates, respectively.

        Prison and Detention Center Conditions.--Conditions at the three
    prisons in Port Vila improved slightly during the year with foreign
    donor funding but remained below international standards.
        Following the 2008 release of a report detailing prisoner
    complaints about the poor conditions at the main Port Vila prison, the
    Government established a commission of inquiry to investigate prisoner
    allegations. The commission prepared a report that was released in
    August 2009. Major recommendations included a review of certain
    sections of the Correction Services Act and demolition and rebuilding
    of buildings at the Stade Correctional Center in Port Vila. In April
    2009 a Supreme Court judge expressed the court's concern about
    treatment of inmates and ordered the public prosecutor to investigate
    and report back to the court, among other things, the names of all
    prisoners hospitalized since January 2009, details of their injuries
    and illnesses, and information on prison escapees. According to the
    public prosecutor, only one case-that of inmate Sam Koilo-had been sent
    to the courts; at year's end the case remained before the Court of
    Appeal, and no report had been released.
        At year's end the prison system held a total of 190 inmates,
    including 158 convicted prisoners and 32 pretrial detainees. There were
    five female prisoners and three male juvenile prisoners (defined by law
    as persons under age 16). Although there is no legislated maximum
    capacity for existing prison facilities, the total prison capacity
    during the year was 210. This included two men's facilities in Port
    Vila, one men's facility in Santo, and one women's facility in Port
    Vila. Male inmates were incarcerated in overcrowded facilities. Persons
    deemed mentally unfit to stand trial were held with the general prison
    population.
        In September 2009 the nongovernmental organization (NGO) Impunity
    Watch reported that the country had implemented separation of juveniles
    from adult prisoners in its correctional facilities. According to the
    acting director of the Correctional Services Department, the existing
    facilities, especially in Port Vila, made total separation of juveniles
    from adults difficult, and in some cases juveniles still were held with
    adults during the year. However, he stated that the number of juveniles
    in custody remained very low.
        Prisoners and detainees had reasonable access to visitors and were
    permitted religious observance. Authorities permitted prisoners and
    detainees to submit complaints to judicial authorities without
    censorship and to request investigation of credible allegations of
    inhumane conditions. The Office of the Ombudsman is mandated to
    investigate complaints of human rights violations; however, no
    investigations related to prison conditions were undertaken during the
    year. Supreme Court justices regularly visited prisons to monitor
    conditions.
        The Government permitted prison monitoring visits by independent
    human rights observers. During the year representatives from the UN
    High Commissioner for Human Rights visited the prisons in Port Vila.
        The Ombudsman Commission is not authorized to consider on its own
    initiative such matters as alternatives to incarceration for nonviolent
    offenders to alleviate overcrowding; addressing the status and
    circumstances of confinement of juvenile offenders; and improving
    pretrial detention, bail, and recordkeeping procedures to ensure that
    prisoners do not serve beyond the maximum sentence for the charged
    offenses. The commission can investigate specific complaints received
    from prisoners relating to such matters, but it did not undertake any
    such investigations during the year.
        There were some improvements reported in prison conditions during
    the year. According to the acting director, in line with
    recommendations from the commission of inquiry report into prisoner
    complaints of 2008, prison authorities increased activities and
    programs for prisoners, with a focus on vocational training, education,
    and arts. Foreign government assistance continued to support the
    maintenance and improvement of the existing facilities. There was an
    increase in the number of church groups visiting the correctional
    centers, and a prison ministry was established. Unlike in 2009, when
    health-care services were procured from the Red Cross to supplement
    services available through the public health system, inmates were taken
    to the local hospital to receive health-care services. The technical
    advisor of the Vanuatu Corrections Project stated that, with foreign
    government assistance, significant progress was made toward
    construction of a new correctional center, with the acquisition of a
    site and the development of a concept design in 2009. In November a
    groundbreaking ceremony was held to begin construction of a road to the
    site for the new center.

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

        Role of the Police and Security Apparatus.--The commissioner of
    police heads the police force, including a police maritime wing, the
    paramilitary VMF, the Immigration Department, the National Disaster
    Management Office, and the National Fire Service. Police effectiveness
    was hampered by a lack of resources and involvement in ancillary
    activities such as search and rescue operations, immigration, and
    national disaster response.
        There were allegations of police impunity, in particular with
    regard to the VMF. The report of a coroner's inquiry into the 2009
    death in custody of recaptured prison escapee John Bule (see section
    1.a.) characterized the VMF as a force with a ``culture of violence''
    that considered itself ``above the law.''
        The Office of the Ombudsman is mandated to investigate complaints
    of security force abuses.
        During the year foreign assistance continued to address some of the
    problems confronting the force. Actions taken under the assistance
    projects included recruitment of new officers, establishment of
    additional police posts on outer islands and in rural areas, and police
    building repairs and maintenance. Under a five-year capacity-building
    project begun in 2006, seven Australian Federal Police officers were
    attached to the Vanuatu Police Force as advisors.

        Arrest Procedures and Treatment While in Detention.--A warrant
    issued by a court is required for an arrest; however, police made a
    small number of arrests without warrants during the year. The
    constitutional provision that suspects must be informed of the charges
    against them generally was observed in practice.
        A system of bail operated effectively; however, some persons not
    granted bail spent lengthy periods in pretrial detention due to
    judicial inefficiency. The ratio of pretrial detainees to the total
    prison population was relatively high. Judges, prosecutors, and police
    complained about large case backlogs due to a lack of resources and
    limited numbers of qualified judges and prosecutors. Years could pass
    before a case was brought to trial. Detainees were allowed prompt
    access to counsel and family members. The Public Defender's Office
    provided counsel to indigent defendants.

        e. Denial of Fair Public Trial.--The constitution provides for an
    independent judiciary, and the Government generally respected judicial
    independence in practice.

        Trial Procedures.--The constitution provides for the right to a
    fair trial, and an independent judiciary generally enforced this right.
    The judicial system is derived from British common law. Judges conduct
    trials and render verdicts; there are no juries. The courts uphold
    constitutional provisions for a fair public trial, a presumption of
    innocence until guilt is proven, a prohibition against double jeopardy,
    a right to counsel, a right to judicial determination of the validity
    of arrest or detention, a right to question witnesses and access
    government-held evidence, and a right of appeal. The law extends these
    rights to all citizens. The Public Defender's Office provides free
    legal counsel to indigent defendants.

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

        Civil Judicial Procedures and Remedies.--There is an independent
    and impartial judiciary for civil matters, including for human rights
    violations; however, police were often reluctant to enforce domestic
    court orders, particularly when the orders concerned their own family
    or clan members.

        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.
        During the year charges brought against a correctional officer for
    assaulting Marc Neil-Jones, publisher of the Vanuatu Daily Post
    newspaper, in January 2009 were dropped after witnesses failed to
    confirm the identities of the defendant and three other alleged
    assailants in the case.

        Internet Freedom.--There were no government restrictions on access
    to the Internet or reports that the Government monitored e-mail or
    Internet chat rooms. Individuals and groups could engage in the
    expression of views via the Internet, including by e-mail; however,
    cost and lack of infrastructure limited public access to the Internet.
    The International Telecommunication Union reported that approximately 8
    percent of the country's inhabitants used the Internet in 2009.

        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.--For a complete description of religious
    freedom, please see the 2010 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 in providing protection and assistance to
    internally displaced persons, refugees, asylum seekers, stateless
    persons, and other persons of concern.
        The law does not address forced exile, but the Government did not
    employ it.

        Protection of Refugees.--The country is not a party to the 1951
    Convention relating to the Status of Refugees or the 1967 Protocol
    relating to the Status of Refugees. The law does not provide for the
    granting of asylum or refugee status, and the Government has not
    established a system for providing protection to refugees. The
    Government did not grant refugee status or asylum. In practice there
    were no cases of refugees being returned or expelled to countries where
    their lives or freedom would be threatened on account of their race,
    religion, nationality, membership in a particular social group, or
    political opinion. According to the immigration compliance officer, at
    year's end three Sri Lankans and one Indonesian from West Papua
    remained in Port Vila awaiting resettlement in a third 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 held on the basis of
    universal suffrage.

        Elections and Political Participation.--The most recent national
    parliamentary elections were held in September 2008; they were
    considered generally free and fair. Allegations of bribery and
    electoral fraud were raised against then foreign minister Bakoa
    Kaltongga, two other politicians, and a former ambassador to the UN.
    The allegations included bribery of electoral officials and
    discrepancies in voting rolls that led to some voters being turned away
    from polling booths. According to the chief electoral officer, 13
    petitions were filed alleging irregularities in the elections. Of
    these, six were upheld in court, resulting in three recounts and three
    by-elections. At year's end two additional petitions were pending
    Supreme Court decisions, and the remaining petitions were withdrawn.
        Political parties could operate without restriction or outside
    interference.
        Traditional attitudes regarding male dominance and customary
    familial roles hampered women's participation in economic and political
    life. There was one woman in the 52-member Parliament. No women served
    in the cabinet. The solicitor general--the second-ranking official
    (under the attorney general) in the Office of the State Law--was a
    woman.
        There were no minorities (non-Melanesians) in Parliament or the
    cabinet.
    Section 4. Official Corruption and Government Transparency
        The law provides criminal penalties for official corruption;
    however, the Government did not implement the law effectively, and
    officials often engaged in corrupt practices with impunity.
        There were reports of government corruption during the year. The
    law provides for the appointment of public servants on the basis of
    merit; however, in practice political interference at times hampered
    the effective operation of the civil service.
        The ombudsman reported that, while police corruption sometimes
    occurred, his office received no specific complaints during the year.
        At year's end police were still investigating a 2008 report by the
    Office of the Ombudsman that revealed allegations of corruption and
    fraud in the Vatumauri Bay land deal. A new member of Parliament (MP)
    and a former lord mayor of Port Vila allegedly were implicated in the
    case. Although the case was referred to the Public Prosecutor's Office
    for further action, in 2009 that office sent it back to the police for
    further investigation, citing lack of sufficient evidence to prosecute.
        MPs and elected members of provincial governments are subject to a
    leadership code of conduct, which includes financial disclosure
    requirements. However, the Office of the Ombudsman confirmed that some
    officials did not comply with these disclosure requirements. The
    Ombudsman's Office and Auditor General's Office are key government
    agencies responsible for combating government corruption.
        No law provides for public access to government information. In
    practice the Government's response to requests for information from the
    media was inconsistent.
    Section 5. Governmental Attitude Regarding International and
            Nongovernmental Investigation of Alleged Violations of Human
            Rights
        A number of domestic and international human rights groups operated
    without government restriction, investigating and publishing their
    findings on human rights cases. Government officials often were
    cooperative and responsive to their views.
        The president appoints a government ombudsman to a five-year term
    in consultation with other political leaders. Since its establishment
    the Ombudsman's Office has issued a number of reports critical of
    government institutions and officials. However, it did not have
    adequate resources or independent power to prosecute, and the results
    of its investigations may not be used as evidence in court proceedings.
    Cases reported to the ombudsman and deemed to be valid were referred to
    the Public Prosecutor's Office for further action, but there were few
    prosecutions.
    Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
        The law prohibits discrimination on the basis of race, place of
    origin, language, or sex; however, women remained victims of
    discrimination in the tradition-based society.

        Women.--Although rape is a crime, with a maximum penalty of life
    imprisonment, spousal rape is not cited specifically in the law, and
    police frequently were reluctant to intervene in what were considered
    domestic matters.
        Violence against women, particularly domestic violence, was common,
    although no accurate statistics existed. Most cases of violence against
    women, including rape, went unreported because women, particularly in
    rural areas, were ignorant of their rights or feared further abuse.
        The 2008 Family Protection Act (FPA), which entered into force in
    March 2009, covers domestic violence, women's rights, children's
    rights, and family rights. Violators could face prison terms of up to
    five years or a fine of up to 100,000 vatu (approximately $1,095) or
    both. In November the Government established a Family Protection Unit
    at police headquarters in Port Vila to deal with issues addressed by
    the FPA. An officer in the Family Protection Unit confirmed that more
    than 50 protection orders were issued since the FPA's entry into force.
    A protection order does not require proof of injury; as long as there
    is a threat of violence, police can issue an order.
        There were no government programs to address domestic violence, and
    media attention to the abuse was limited. The Department of Women's
    Affairs played a role in the process for implementing the Family
    Protection Act. The Police Academy provided training in the handling of
    domestic violence and sexual assault cases. Police have a ``no drop''
    policy under which they do not drop reported domestic violence cases;
    if the woman later wishes to withdraw her complaint, she must go to
    court to request that it be dropped.
        Churches and NGOs operated facilities for abused women. NGOs also
    played an important role in educating the public about domestic
    violence, but did not have sufficient funding to implement their
    programs fully.
        Sexual harassment is not illegal and was a problem.
        According to the country's family planning policy guidelines,
    couples and individuals have the right to decide freely the number,
    spacing and timing of their children. This right was generally upheld
    in practice. According to the national reproductive health coordinator,
    the Ministry of Health provides training on, and works to raise
    awareness of, human rights and gender equity with regard to
    reproductive health services and behavior. The country is predominantly
    a patriarchal society, and sometimes decisions on family planning and
    contraceptive use were made by the man in the relationship without
    taking the woman's views into consideration. According to country
    indicators published by the Population Reference Bureau, an estimated
    38 percent of married women ages 15-49 used some form of contraception,
    with 37 percent using modern contraceptive methods. The ministry
    cooperated with the Department of Labor on the Male Involvement in
    Reproductive Health Project, which worked to sensitize men in the
    workforce about reproductive health issues. A regional adolescent
    health and development program funded by the UN Population Fund worked
    with schools to strengthen school-based clinics and to incorporate
    counseling and services.
        The country's geographical layout in relation to service delivery
    points, both between islands and inland, sometimes made it difficult to
    obtain access to contraception; essential prenatal, obstetric, and
    postpartum care; and treatment of sexually transmitted infections,
    including HIV. Obstacles included lack of adequate roads and the high
    cost of transport to reach health-care facilities. According to the
    World Health Organization, the estimated maternal mortality ratio was
    70 deaths per 100,000 live births, and nearly 93 percent of births were
    attended by skilled health personnel. Women were equally diagnosed and
    treated for sexually transmitted infections, including HIV.
        While women have equal rights under the law, they were only slowly
    emerging from a traditional culture characterized by male dominance, a
    general reluctance to educate women, and a widespread belief that women
    should devote themselves primarily to childbearing. The majority of
    women entered into marriage through ``bride-price payment,'' a practice
    that encouraged men to view women as property. Although the law does
    not prohibit women from owning or inheriting land, in practice women
    generally were barred by tradition from land ownership. Many female
    leaders viewed village chiefs as major obstacles to social, political,
    and economic rights for women.
        In practice women experienced discrimination in access to
    employment, credit, and pay equity for substantially similar work.
    Vanuatu Transparency Limited and the South Pacific Commission, through
    a program of the Pacific Regional Rights Resource Team, worked to
    increase awareness of women's legal rights. The Government, with the
    assistance of the UN Development Program, ran the Vanuatu Women's
    Development Scheme (VANWODS). VANWODS provided poor and disadvantaged
    women with microloans to start income-producing activities, with the
    goal of making these activities progressively more self-financing.
    Women interested in running for public office received encouragement
    from the Vanuatu Council of Women and the Department of Women's
    Affairs, which also offered training programs and funding.

        Children.--Citizenship is derived through one's parents.
        The Government stressed the importance of children's rights and
    welfare, but there were significant problems with regard to education.
    Although there is a free and universal education policy, school fees
    served as a barrier to education. In October the Government released
    its second and final tranche of funds to honor a commitment made in
    2009 to provide all primary-school children (grades 1-6) with a stipend
    to pay school fees.
        School attendance is not compulsory. Boys tended to receive more
    education than did girls. Although attendance rates were similar in the
    early primary grades, fewer girls advanced to the higher grades. A
    significant portion of the population, perhaps as high as 50 percent,
    was functionally illiterate.
        Child abuse was not believed to be extensive; however, the
    Government did little to combat the problem. NGOs and law enforcement
    agencies reported increased complaints of incest and rape of children
    in recent years, but no statistics were available.
        In December Supreme Court Justice Oliver Sasak gave a suspended
    three-year sentence to a man who pleaded guilty to the sexual assault
    of a 10-year-old girl on the island of Epi; the chairperson of the NGO
    Pacific Network against Violence against Women criticized the leniency
    of the sentence.
        Children generally were protected within the traditional extended
    family system. Members of the extended family played an active role in
    a child's development. Virtually no children were homeless or
    abandoned.
        The legal age for marriage is 21, although boys between 18 and 21
    and girls between 16 and 21 may marry with parental permission. In
    rural areas and some outer islands, some children married at younger
    ages.
        There were some children under age 18 who were engaged in
    prostitution.
        Section 97 of the penal code addresses statutory rape. It provides
    for a maximum legal penalty for violators of five years' imprisonment
    if the child is over age 12 but under age 15, or 14 years' imprisonment
    if the child is under age 13.
        Child pornography is illegal. The maximum penalty is five years'
    imprisonment if the child is age 14 or older, and seven years'
    imprisonment if the child is under age 14.
        The country is not a party to the 1980 Hague Convention on the
    Civil Aspects of International Child Abduction. For information on
    international parental child abduction, please see the Department of
    State's annual Report on Compliance with the Hague Convention on the
    Civil Aspects of International Child Abduction at http://
    travel.state.gov/abduction/resources/congressreport/congressreport--
    4308.html.

        Anti-Semitism.--The country's Jewish community was limited to a few
    foreign nationals, and there were no reports of anti-Semitic acts.

        Trafficking in Persons.--In 2009 there were no confirmed reports
    that persons were trafficked to, from, or within the country.

        Persons With Disabilities.--There is no law specifically
    prohibiting discrimination against persons with physical, sensory,
    intellectual, or mental disabilities. There is a national policy
    designed to protect the rights of persons with disabilities, but the
    Government did not implement it effectively. There were no special
    programs to assist persons with disabilities and no legislation
    mandating access to buildings, information, and communications for
    them. Their protection and care were left to the traditional extended
    family and NGOs. In practice most buildings were not accessible to
    persons with disabilities. Due to a high rate of unemployment, few jobs
    were available for persons with disabilities. Persons with mental
    illness generally did not receive specialized care; members of their
    extended families usually attended to them.
        The Ministry of Justice and Social Welfare is responsible for
    overseeing the implementation of the country's obligations under the UN
    Convention on the Rights of Persons with Disabilities.

        National/Racial/Ethnic Minorities.--Most of the population is
    Melanesian. Small minorities of Chinese, Fijians, Vietnamese, Tongans,
    and Europeans generally were concentrated in two towns and on a few
    plantations. Most of the land belongs to indigenous tribes and cannot
    be sold, although prime real estate was increasingly leased to others.
    Within the limits of this system of land tenure, there generally were
    no reports of discrimination against ethnic minorities; however, only
    indigenous farmers may legally grow kava, a native herb, for export.

        Societal Abuses, Discrimination, and Acts of Violence Based on
    Sexual Orientation and Gender Identity.--There were no reports of
    societal violence or discrimination against persons based on sexual
    orientation or gender identity.

        Other Societal Violence or Discrimination.--There were no reports
    of societal violence or discrimination against persons based on HIV/
    AIDS status.
    Section 7. Worker Rights

        a. The Right of Association.--The law provides all workers with the
    right to organize and join unions, and workers exercised this right in
    practice. Approximately 15,000 persons participated in the formal
    economy as wage earners. Combined union membership in the private and
    public sectors was approximately 1,900. The two existing trade unions,
    the Vanuatu Teacher's Union and the Vanuatu National Worker's Union,
    were independent of the Government and grouped under an umbrella
    organization, the Vanuatu Council of Trade Unions. The high percentage
    (approximately 70 percent) of the population engaged in subsistence
    agriculture and fishing precluded extensive union activity. Unions
    require government permission to affiliate with international labor
    federations, but the Government has not denied any union such
    permission.
        Workers have the right to strike, and this right was exercised in
    practice. The law prohibits retaliation for legal strikes. In the case
    of private-sector employees, complaints of violations are referred to
    the Department of Labor for conciliation and arbitration. In the public
    sector, the Public Service Commission handles complaints of violations.
    Unions are required by law to give 30 days' notice of intent to strike
    and to provide a list of the names of potential strikers.

        b. The Right to Organize and Bargain Collectively.--Unions
    exercised the right to organize and bargain collectively. They
    negotiated wages and conditions directly with management. If the two
    sides cannot agree, the matter is referred to a three-member
    arbitration board appointed by the minister of home affairs. The board
    consists of one representative from organized labor, one from
    management, and the senior magistrate of the magistrates' courts. While
    a dispute is before the board, labor may not strike and management may
    not dismiss union employees. However, unions and management generally
    reached agreement on wages without arbitration.
        While the law does not require union recognition, it prohibits
    antiunion discrimination once a union is recognized. Complaints of
    antiunion discrimination are referred to the Department of Labor. There
    were no known employee complaints of such discrimination received by
    the department during the year.
        There are no export processing zones.

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

        d. Prohibition of Child Labor and Minimum Age for Employment.--The
    law prohibits children under age 12 from working outside family-owned
    agricultural production, where many children assisted their parents.
    The employment of children from 12 to 18 years of age is restricted by
    occupational category and conditions of labor, including employment in
    the shipping industry and nighttime employment. However, the Department
    of Labor did not effectively enforce these laws.

        e. Acceptable Conditions of Work.--In 2008 the Department of Labor
    increased the minimum wage to 26,000 vatu (approximately $285) per
    month. The minimum wage was enforced effectively, but did not provide a
    decent standard of living for an urban worker and family. However, most
    families were not dependent solely on wages for their livelihood,
    supplementing their incomes through subsistence farming.
        Various laws regulated benefits such as sick leave, annual
    vacations, and other conditions of employment, including a 44-hour
    maximum workweek that included at least one 24-hour rest period. The
    Employment Act provides for a premium of 50 to 75 percent over the
    normal rate of pay for overtime work. A 2008 amendment to the act
    increased maternity leave pay from 50 percent of salary to full salary
    for up to 12 weeks.
        The Employment Act, enforced by the Department of Labor, includes
    provisions for safety standards. Workers have the right to remove
    themselves from dangerous work situations without jeopardy to their
    continued employment. However, the safety and health law was inadequate
    to protect workers engaged in logging, agriculture, construction, and
    manufacturing, and the four inspectors attached to the Department of
    Labor could not enforce the law fully. Laws on working conditions and
    safety standards apply equally to foreign workers and citizens.

                                   __________

                                    VIETNAM

        The Socialist Republic of Vietnam, with a population of
    approximately 88.6 million, is an authoritarian state ruled by the
    Communist Party of Vietnam (CPV), led by General Secretary Nong Duc
    Manh, Prime Minister Nguyen Tan Dung, and President Nguyen Minh Triet.
    The most recent National Assembly elections, held in 2007, were neither
    free nor fair, since the CPV's Vietnam Fatherland Front (VFF), an
    umbrella group that monitored the country's mass organizations, vetted
    all candidates. Security forces reported to civilian authorities.
        Citizens could not change their government, and political
    opposition movements were prohibited. The Government increased its
    suppression of dissent, arresting at least 25 political activists,
    convicting 14 dissidents arrested in 2008, 2009, and 2010, and denying
    the appeals of another 10 dissidents convicted at the end of 2009.
    Police commonly mistreated suspects during arrest or detention. Prison
    conditions were often austere. Although professionalism in the police
    force improved, members of the police sometimes acted with impunity.
    Individuals were arbitrarily detained for political activities and
    denied the right to fair and expeditious trials. Political influence,
    endemic corruption, and inefficiency strongly distorted the judicial
    system. The Government increased measures to limit citizens' privacy
    rights and freedom of the press, speech, assembly, movement, and
    association. Internet freedom was further restricted as the Government
    orchestrated attacks against critical Web sites and spied on dissident
    bloggers. Freedom of religion continued to be subject to uneven
    interpretation and protection; despite some progress, significant
    problems remained, especially at the provincial and village levels.
    Police corruption remained a significant problem. The Government
    maintained its prohibition of independent human rights organizations.
    Violence and discrimination against women as well as trafficking in
    persons continued to be problems, despite laws and government efforts
    to combat such practices. Some ethnic minority groups suffered societal
    discrimination. The Government limited workers' rights to form and join
    independent unions.
                            respect for human rights
    Section 1. Respect for the Integrity of the Person, Including Freedom
            From:

        a. Arbitrary or Unlawful Deprivation of Life.--There were no
    reports that the Government or its agents committed arbitrary or
    unlawful killings; however, there were reports of nine deaths of
    persons in custody during the year. In nearly all cases, police alleged
    the victim committed suicide.
        In January Nguyen Quoc Bao died while in custody in Hanoi,
    allegedly as the result of being beaten by police after being detained
    for a traffic violation. There was no reported investigation into Bao's
    death.
        Vo Van Khanh died in police custody in May in Quang Nam Province,
    after police arrested him for a traffic violation. There was no
    reported investigation into police conduct, despite allegations of
    abuse leading to Khanh's death.
        In June two individuals allegedly died as the result of beatings
    received while in detention: Nguyen Phu Trung was detained by police
    for his suspected involvement in a burglary in Hanoi, and Vu Van Hien
    died after being taken to the hospital in Thai Nguyen Province
    following a beating in detention. Several police officers in Hanoi
    reportedly were either arrested, suspended, or fired for their
    involvement in Trung's death.
        In July Nguyen Van Khuong in Bac Giang Province was beaten to death
    after being arrested for a traffic violation. One police officer
    involved in the questioning of Khuong was arrested for use of excessive
    force.
        In August Tran Duy Hai died in police custody in Hau Giang Province
    shortly after questioning related to his supposed involvement in a
    burglary. Police claimed Hai committed suicide, but family members
    asserted he was beaten to death. There was no reported investigation
    into police conduct.
        Tran Ngoc Duong died in police custody in Dong Nai Province in
    September after being arrested for involvement in a neighborhood
    dispute. An investigation into police conduct reportedly was initiated.
        There were two deaths in custody in December: Nguyen Van Thang died
    after he was arrested in Haiphong Province, and Dang Van Den died after
    being detained in An Giang Province for allegedly being involved in a
    burglary. There were reports that police were investigating the cause
    of Thang's death. In An Giang Province, police detained several other
    individuals following public protests of police involvement in the
    death of Den in custody.
        In addition, police in Thanh Hoa Province shot and killed two
    individuals in May, including a 12-year-old child, who were
    participating in a land-rights protest against a large state-owned
    enterprise. Press reports claimed that police were investigating the
    actions of officers involved, but there was no public information on
    the results of the investigation.
        There were no developments in the case of Y Ben Hdok, a Montagnard
    from Dak Lak who died while in detention in 2008.

        b. Disappearance.--There were no reports of politically motivated
    disappearances.
        There was no information on the whereabouts of Thich Tri Khai, a
    monk from the unregistered Unified Buddhist Church of Vietnam, arrested
    in 2008.

        c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
    Punishment.--The law prohibits physical abuse; however, police commonly
    mistreated suspects physically during arrest or detention. Incidents of
    police harassment were reported in Hanoi and Danang and in the
    provinces of Bac Giang, Binh Phuoc, Dak Lak, Dien Bien, Hanoi, Gia Lai,
    Ha Giang, Lai Chau, Nghe An, Quang Nam, Son La, Thai Binh, Thai Nguyen,
    Thanh Hoa, and Tra Vinh.
        Many incidents were related to unrecognized Protestant churches
    seeking to hold services in these provinces. For example, several small
    house churches affiliated with the Inter-Evangelistic Movement (IEM)
    continued to report difficulties in several locations in Dien Bien
    Province, where police in past years broke up meetings of worshippers.
    Local authorities there refused to register IEM meeting points and
    pressured followers to abandon their faith. Between July 2009 and March
    2010, Pastor Nguyen Trung Ton, head of the Full Gospel Church in Thanh
    Hoa Province, reported repeated and extended harassment and beatings by
    local and provincial police at several different Full Gospel meeting
    points in Thanh Hoa. Local officials interrupted numerous church
    gatherings and detained and physically abused church members and
    leaders, including Ton and his family. Authorities did not investigate
    the actions of security officials or those hired to carry out the
    physical attacks. Ton was a member of the Bloc 8406 political movement
    and a close affiliate of dissidents Le Thi Cong Nhan and Do Nam Hai.
        Land-rights protesters in Hanoi, Ho Chi Minh City, Danang, and
    several Mekong Delta provinces also reported harassment from local
    authorities. Most incidents between local authorities and ethnic
    minorities involved land, money, or domestic disputes.
        The Government reported that more than 33,000 drug users were
    living in forced detoxification labor camps. The overwhelming majority
    of these individuals were administratively sentenced to two years
    without judicial review.

        Prison and Detention Center Conditions.--Prison conditions could be
    austere but generally were not life threatening. Overcrowding,
    insufficient diet, lack of clean drinking water, and poor sanitation
    remained serious problems. Prisoners generally were required to work
    but received no wages. Foreign diplomats observed Spartan but clean
    living areas and generally acceptable labor conditions during a
    November 2009 visit to Nam Ha Prison in Ha Nam Province. Prisoners
    sometimes were placed in solitary confinement, where they were deprived
    of reading and writing materials for periods of up to several months.
    Family members made credible claims that prisoners received benefits by
    paying bribes to prison officials or undertaking hunger strikes.
        Prisoners had access to basic health care, with additional medical
    services available at district or provincial hospitals. However, in
    many cases officials prevented family members from providing medication
    to prisoners. Family members of imprisoned activists who experienced
    health problems claimed that medical treatment was inadequate,
    resulting in greater long-term health complications.
        The total number of prisoners and detainees was not publicly
    available. Pretrial detainees were held separately from convicted
    prisoners. Juveniles were held separately from adults in prison, but on
    rare occasions they were held with adults in detention for short
    periods of time due to unavailability of space. Men and women were held
    separately. Political prisoners were typically sent to specially
    designated prisons that also held other regular criminals, and in most
    cases political prisoners were kept separate from nonpolitical
    prisoners. Some high-profile political prisoners were kept in complete
    isolation from all other prisoners. While prison sentences could be
    extremely lengthy, prisoners were not forced to serve beyond the
    maximum sentence for their charged offense.
        Prisoners were limited to one 30-minute family visit a month, and
    family members were generally permitted to give supplemental food and
    bedding to prisoners. Prisoners did not have the right to manifest
    their religious beliefs or practices in public. Roman Catholic priest
    Thaddeus Nguyen Van Ly (released in March), Le Thi Cong Nhan, and
    Nguyen Van Dai were allowed to keep the Bibles given to them by
    visiting foreign delegations, but in general prisoners were denied
    access to religious books and scriptures. Prisoners were allowed to
    submit complaints to prison management and judicial authorities, but
    their complaints were routinely ignored.
        Authorities allowed foreign diplomats and a foreign delegation to
    make limited prison visits and meet with prisoners in various prisons.
    The press was permitted limited visits to prisons, but state control of
    the media restricted reporting on living conditions. In the past the
    International Committee of the Red Cross was permitted to visit
    prisons, but no such visits occurred during the year. No individuals
    were allowed to serve on behalf of prisoners and detainees to consider
    such matters as alternatives to incarceration for nonviolent offenders.

        d. Arbitrary Arrest or Detention.--The criminal code allows the
    Government to detain persons without charges indefinitely under vague
    ``national security'' provisions such as articles 84, 88, and 258. The
    Government also arrested and detained indefinitely individuals under
    other legal provisions. Authorities subjected several dissidents
    throughout the country to administrative detention or house arrest.

        Role of the Police and Security Apparatus.--Internal security is
    the responsibility of the Ministry of Public Security (MPS); however,
    in some remote areas, the military is the primary government agency and
    performs public safety functions, including maintaining public order in
    the event of civil unrest. The MPS controls the police, a special
    national security investigative agency, and other internal security
    units. It also maintains a system of household registration and block
    wardens to monitor the population. While this system was less intrusive
    than in the past, it continued to be used to monitor those suspected of
    engaging, or likely to engage, in unauthorized political activities.
    Credible reports suggested that local police used ``contract thugs''
    and ``citizen brigades'' to harass and beat political activists and
    others, including religious worshippers, perceived as ``undesirable''
    or a ``threat'' to public security.
        Police organizations exist at the provincial, district, and local
    levels and are subject to the authority of people's committees at each
    level. At the commune level, it was common for guard forces made up of
    residents to assist the police. The police were generally effective at
    maintaining public order, but police capabilities, especially
    investigative, were generally very low. Police training and resources
    were inadequate.
        The Government cooperated with several foreign governments in a
    program for provincial police and prison management officials to
    improve the professionalism of security forces.

        Arrest Procedures and Treatment While in Detention.--The criminal
    code outlines the process by which individuals are taken into custody
    and treated until they are brought before a court or other tribunal for
    judgment. The Supreme People's Procuracy (Public Prosecutor's Office)
    issues arrest warrants, generally at the request of police. However,
    police may make an arrest without a warrant on the basis of a complaint
    filed by any person. The procuracy issues retroactive warrants in such
    cases. The procuracy must issue a decision to initiate a formal
    criminal investigation of a detainee within nine days; otherwise,
    police must release the suspect. In practice the nine-day regulation
    was often circumvented.
        The investigative period typically lasted from three months for
    less serious offenses (punishable by up to three years' imprisonment)
    to 16 months for exceptionally serious offenses (punishable by more
    than 15 years' imprisonment or capital punishment) or more than two
    years for national security cases. However, at times investigations
    were prolonged indefinitely. The criminal code further permits the
    procuracy to request additional two-month periods of detention after an
    investigation to consider whether to prosecute a detainee or ask police
    to investigate further. Investigators sometimes used physical abuse,
    isolation, excessively lengthy interrogation sessions, and sleep
    deprivation to compel detainees to confess.
        By law detainees are permitted access to lawyers from the time of
    their detention; however, authorities used bureaucratic delays to deny
    access to legal counsel. In cases investigated under broad national
    security laws, authorities prohibited defense lawyers' access to
    clients until after an investigation had ended and the suspect had been
    formally charged with a crime, most often after approximately four
    months. Under the regulations, investigations can be continued and
    access to counsel denied for more than two years. In addition a
    scarcity of trained lawyers and insufficient protection of defendant
    rights made prompt detainee access to an attorney rare. In practice
    only juveniles and persons formally charged with capital crimes were
    assigned lawyers.
        Attorneys must be informed of and allowed to attend interrogations
    of their clients. However, a defendant first must request the presence
    of a lawyer, and it was unclear whether authorities always informed
    defendants of this right. Attorneys also must be given access to case
    files and be permitted to make copies of documents. Attorneys were
    sometimes able to exercise these rights.
        Police generally informed families of detainees' whereabouts, but
    family members could visit a detainee only with the permission of the
    investigator, and this permission was not regularly granted. During the
    investigative period, authorities routinely denied detainees access to
    family members, especially in national security cases. Prior to a
    formal indictment, detainees also have the right to notify family
    members. However, a number of detainees suspected of national security
    violations were held incommunicado. There is no functioning bail system
    or equivalent system of conditional release. Time spent in pretrial
    detention counts toward time served upon conviction and sentencing.
        Courts may sentence persons to administrative detention of up to
    five years after completion of a sentence. In addition police or mass
    organizations can propose that one of five ``administrative measures''
    be imposed by people's committee chairpersons at district and
    provincial levels without a trial. The measures include terms ranging
    from six to 24 months in either juvenile reformatories or adult
    detention centers and generally were applied to repeat offenders with a
    record of minor offenses, such as committing petty theft or
    ``humiliating other persons.'' Terms of 24 months were standard for
    drug users and prostitutes. Individuals sentenced to detention
    facilities were forced to meet work quotas to pay for services and the
    cost of their detention. Chairpersons may also impose terms of
    ``administrative probation,'' which generally was some form of
    restriction on movement and travel. Authorities continued to punish
    some individuals using vaguely worded national security provisions in
    the criminal code.
        Six police officers in Quang Ninh Province were administratively
    punished in December after a video they took while arresting several
    alleged prostitutes later appeared on the Internet. Police officers
    were shown in the video prohibiting several naked crying women from
    covering themselves while being questioned, videotaped, and
    photographed. Three of the police officers were demoted two ranks, two
    were demoted one rank, and one officer received a written reprimand for
    violating the rights of the accused.
        Arbitrary detentions, particularly for political activists,
    remained a problem. The Government used decrees, ordinances, and other
    measures to detain activists for the peaceful expression of opposing
    political views (see section 2.a.). During the year authorities
    increasingly charged political dissidents with violating article 79,
    ``attempting to overthrow the state,'' due to their alleged membership
    in political parties other than the CPV. While violators of article 79
    had the possibility of receiving the death penalty, they typically
    received sentences of up to seven years in prison, although one
    individual received a sentence of 16 years' imprisonment. Unlike in
    previous years, all activists who appealed their sentences had their
    original sentences upheld.
        There were continued reports that government officials in the
    Central and Northwest Highlands temporarily detained ethnic minority
    individuals for communicating with the ethnic minority community
    abroad.
        Peaceful land-rights protests in Ho Chi Minh City and Hanoi
    resulted in the temporary detention and surveillance of several
    organizers, although the Government handled the dispersal of these
    protests without significant violence.
        Religious and political activists also were subject to varying
    degrees of informal detention in their residences. In Ho Chi Minh City,
    prominent activists Nguyen Dan Que and Do Nam Hai remained under house
    arrest.

        Amnesty.--In honor of National Day, the central government
    amnestied approximately 17,500 prisoners, the overwhelming majority of
    whom had ordinary criminal convictions. More than 100 Montagnards from
    the Central Highlands convicted of violating national security laws in
    2001 and 2004 were released during the year.

        e. Denial of Fair Public Trial.--The law provides for the
    independence of judges and lay assessors; however, in practice the CPV
    controlled the courts at all levels through its effective control over
    judicial appointments and other mechanisms. In many cases the CPV
    determined verdicts. Most, if not all, judges were members of the CPV
    and were chosen at least in part for their political views. As in past
    years, the judicial system was strongly distorted by political
    influence, endemic corruption, and inefficiency. CPV influence was
    particularly notable in high-profile cases and other instances in which
    a person was charged with challenging or harming the CPV or the state.
        There was a shortage of trained lawyers and judges. Low salaries
    hindered efforts to develop a trained judiciary. The few judges who had
    formal legal training often had studied abroad in countries with
    communist legal traditions. The Government continued to participate in
    training programs to address the problem of inadequately trained judges
    and other court officials.
        In May the Government granted a foreign nongovernmental
    organization (NGO) an operating license to conduct training initiatives
    aimed at reforming the criminal code and strengthening lawyers'
    capacity.
        The Vietnam Bar Federation, a national professional association
    created in May 2009 to represent practicing attorneys, falls under the
    supervision of the VFF and closely coordinated with the Ministry of
    Justice and the Vietnam Lawyers Association. The federation acted as an
    umbrella association overseeing the functions of local bar associations
    and continued developing a professional code of conduct for lawyers.

        Trial Procedures.--The constitution provides that citizens are
    innocent until proven guilty; however, many lawyers complained that
    judges generally presumed guilt. Trials generally were open to the
    public, but in sensitive cases judges closed trials or strictly limited
    attendance. Juries are not used. The public prosecutor brings charges
    against an accused person and serves as prosecutor during trials.
    Defendants have the right to be present and have a lawyer at trial,
    although not necessarily the lawyer of their choice, and this right was
    generally upheld in practice. Defendants unable to afford a lawyer
    generally were provided one only in cases involving a juvenile offender
    or with possible sentences of life imprisonment or capital punishment.
    The defendant or defense lawyer has the right to cross-examine
    witnesses; however, there were cases in which neither defendants nor
    their lawyers were allowed to have access to government evidence in
    advance of the trial, cross-examine witnesses, or challenge statements.
    Defense lawyers commonly had little time before trials to examine
    evidence against their clients. In national security cases, judges
    occasionally silenced defense lawyers who were making arguments on
    behalf of their clients in court that because the judges deemed the
    arguments reactionary. Convicted persons have the right to appeal.
    District and provincial courts did not publish their proceedings. The
    Supreme People's Court continued to publish the proceedings of all
    cases it reviewed.
        There continued to be credible reports that authorities pressured
    defense lawyers not to take as clients any religious or democracy
    activists facing trial, and several lawyers who took these cases faced
    harassment, arrest, conviction, and occasionally disbarment. Other
    human rights lawyers, such as Le Cong Dinh, Le Tran Luat, Le Thi Cong
    Nhan, and Le Quoc Quan, were stripped of their bar memberships and were
    not permitted to practice law.

        Political Prisoners and Detainees.--There were no precise estimates
    of the number of political prisoners. The Government reportedly held
    more than 100 political detainees at year's end, although some
    international observers claimed there were even more.
        In January in Phu Yen Province, lay preachers Ksor Y Du and Kpa Y
    Ko, affiliated with the Good News Mission Church, were arrested for
    alleged connections with the United Front for the Liberation of
    Oppressed Races (FULRO) and for opposing the Government. Police
    allegedly handcuffed and dragged Ksor Y Du behind a motorbike to the
    police station. The Government's Committee for Religious Affairs (CRA)
    asserted that both had long-time connections with FULRO, an armed
    guerrilla group that sought the creation of an independent Montagnard
    state, and had prior convictions for ``illegally crossing the border.''
    The CRA contended that they had been ``embroiled by hostile forces'' in
    a plot to encourage a separatist movement by sowing division among
    ethnic communities. In November both were tried jointly and convicted
    in Phu Yen Provincial Court. Ksor Y Du was sentenced to six years'
    imprisonment and Kpa Y Ko to four years' imprisonment for attempting to
    organize demonstrations, causing political and security disorder, and
    dividing national solidarity.
        On January 24, dissident Nguyen Ba Dang, a member of the People's
    Democratic Party (PDP), was arrested in Hai Duong Province and charged
    with violating article 88, which prohibits distribution of propaganda
    against the state. He awaited trial at year's end.
        In February Doan Huy Chuong, Nguyen Hoang Quoc Hung, and Do Thi
    Minh Hanh, affiliated with the For the People's Party (FPP) and the
    United Workers and Farmers Organization (UWFO), were arrested for
    distributing pamphlets calling for citizens to advocate for democracy
    and fight attempted invasions from China. The distribution of the
    leaflets was a joint campaign by Viet Tan, Rally for Justice, the PDP,
    and the Viet Labor Movement. The individuals were tried jointly in
    October and convicted of violating article 89, ``causing public
    disorder to oppose the people's government.'' Nguyen Hoang Quoc Hung
    was sentenced to nine years' imprisonment, while Do Thi Minh Hanh and
    Doan Huy Chuong each were sentenced to seven years' imprisonment.
        On April 19, Pham Thi Phuong and her husband Pham Ba Huy were
    arrested in Ho Chi Minh City for planning ``terrorist activities.'' The
    Government alleged that Phuong, an FPP member, left the country in 2002
    while under investigation for fraud and illegally returned as part of a
    campaign to bomb statues in Ho Chi Minh City. The Government also
    alleged that the FPP had paid her $5,000 to carry out the bombing. They
    were awaiting trial at year's end.
        In May a priest with the unrecognized Cao Dai faith in Tay Ninh was
    convicted for ``slandering an on-duty official,'' according to the MPS-
    affiliated People's Police newspaper. The priest was arrested in
    November 2009 after criticizing several police officers for actions
    against religious followers of the unrecognized Cao Dai faith. In 2008
    the priest had led a protest of more than 300 followers of the group to
    the Cao Dai Holy See to denounce the leader of the official Cao Dai
    organization and demand that the officially recognized church return
    properties, including the Cao Dai Holy See, to the unrecognized church.
        In June Doan Van Chac was arrested after evading arrest for 27
    years. In 1983 Doan participated in a campaign against the Government
    that resulted in the deaths of three government officials. He was
    awaiting trial at year's end.
        In June Phung Lam from Binh Phuoc Province was arrested for alleged
    ties to the Democratic Party of Vietnam (DPV) and DPV chairman Nguyen
    Sy Binh. Police claimed that Lam posted articles opposing the
    Government on the Internet. Lam fled to Cambodia in May but was
    arrested when he attempted to return to visit his family in June. He
    was awaiting trial at year's end.
        In July and August, Nguyen Thanh Nam and Pham Van Thong from Ben
    Tre Province, Pastor Duong Kim Khai from Ho Chi Minh City, and Tran Thi
    Thuy from Dong Thap were arrested for their alleged ties to Viet Tan
    and for organizing and advocating on behalf of land-rights claimants in
    Ben Tre and Dong Thap provinces; they were charged with violating
    article 79. The Government alleged that several of the individuals had
    participated in Viet Tan training in Thailand. Several family members
    of the accused denied any connection to Viet Tan. In November
    authorities arrested lay pastor Nguyen Chi Thanh and congregant Pham
    Ngoc Hoa, affiliated with Khai and the unrecognized Mennonite Church,
    on the same charge for their alleged ties to Viet Tan and their work
    with Khai. All awaited trial at year's end.
        In August Pham Minh Hoang, a dual foreign national and professor at
    the Ho Chi Minh City University of Technology, was arrested for his
    alleged ties to Viet Tan and for posting critical comments online
    against the Government under a pseudonym; he was charged with violating
    article 79. Hoang's family denied any connection to Viet Tan. He was
    awaiting trial at year's end.
        On October 10, Australian citizen Vo Hong was arrested for her
    involvement in a public protest sponsored by Viet Tan against China's
    actions over maritime boundary disputes on the eve of Hanoi's 1,000th
    anniversary. Hong was originally charged with terrorism but was
    released and deported after being detained for 11 days.
        On October 29, U.S. citizen Le Kin was arrested in Ho Chi Minh City
    for violating article 79 relating to his alleged involvement with
    overseas political organizations critical of the Government. He was
    awaiting trial at year's end.
        In November attorney Cu Huy Ha Vu was arrested first for allegedly
    soliciting a prostitute but later for violating article 88 relating to
    his Internet articles and interviews with foreign media criticizing
    Prime Minister Nguyen Tan Dung. Vu twice sued the prime minister, first
    for the controversial decision to allow Chinese companies to mine
    bauxite in the Central Highlands, and second for issuing a decree that
    restricted complaints against the Government. He was awaiting trial at
    year's end. Vu, a former employee of the Ministry of Foreign Affairs,
    is the son of Cu Huy Can, a friend of Ho Chi Minh and famous
    revolutionary poet who served as the first minister of agriculture and
    later as minister of culture.
        Vu Duc Trung and Le Van Thanh, affiliated with the Falun Gong
    movement, were arrested in Hanoi in November for illegally broadcasting
    information into China. According to state-run media, Chinese officials
    asked the Vietnamese government to initiate the arrests. Both were
    awaiting trial at year's end.
        In December Chau Heng, a Khmer Krom land-rights activist from An
    Giang Province, was arrested upon reentering Vietnam after being denied
    political refugee status by the Office of the UN High Commissioner for
    Refugees (UNHCR) in Thailand. Heng led large-scale protests in 2007 and
    2008 against local government land seizures.
        On January 20, prominent attorney Le Cong Dinh, businessman and
    blogger Tran Huynh Duy Thuc, Le Thang Long, and DPV leader and Viet
    Youth for Democracy cofounder Nguyen Tien Trung, arrested in mid-2009,
    were tried jointly in Ho Chi Minh City for violating article 79. The
    Government claimed the individuals were involved in a plot to create
    new political parties and overthrow the Government. Dinh and Trung pled
    guilty to joining political parties other than the CPV but denied they
    were attempting to overthrow the Government. They were sentenced to
    five and seven years' imprisonment, respectively. Long and Thuc
    maintained their innocence but were sentenced to five and 16 years'
    imprisonment, respectively. Foreign diplomats and journalists were
    permitted to attend the trial. Several foreign governments denounced
    the proceedings and sentences. On March 11, the Ho Chi Minh City
    Appellate Court rejected the appeals of Le Cong Dinh, Le Thang Long,
    and Tran Huynh Duy Thuc and upheld their original sentences. Foreign
    diplomats and journalists were denied admittance to the appeals court.
    Nguyen Tien Trung did not appeal his verdict.
        On April 29, the Thai Binh Province Appeals Court upheld the five-
    and-a-half-year prison term of Tran Anh Kim, arrested in July 2009 and
    convicted in December 2009 for violating article 79 due to his
    leadership role in the DPV.
        On April 20, four FPP members arrested in September 2009 were
    convicted in Lam Dong Province for violating article 91 for ``fleeing
    abroad to oppose the Government.'' Duong Au was sentenced to five
    years' imprisonment and five years' administrative probation, Phung
    Quang Quyen was sentenced to four years' imprisonment and four years'
    administrative probation, and Truong Van Kim and Truong Thi Tam were
    each sentenced to three years' imprisonment and three years'
    administrative probation.
        On February 5, dissident author Tran Khai Thanh Thuy was convicted
    of assault in Hanoi and sentenced to three-and-one-half years in prison
    following an October 2009 incident in which she and her husband, Do Ba
    Tan, were attacked by unidentified individuals. Thuy was struck in the
    head with a brick but was charged with assault. Do Ba Tan was sentenced
    to two years' probation. Foreign diplomats and journalists were
    permitted to attend the trial but not the appeals hearing in April that
    upheld her original sentence. There were credible reports that Thuy was
    beaten in August by another prisoner. Foreign diplomats were denied
    repeated requests to visit Thuy in prison.
        On January 18, the Hanoi Appellate Court upheld the three-year
    sentences of Bloc 8406 members Tran Duc Thach and Vu Van Hung and the
    four-year sentence of Pham Van Troi. All three were arrested in 2008
    and convicted of violating article 88 in October 2009 for displaying
    banners that criticized the Communist Party and advocated multiparty
    democracy. Foreign diplomats and journalists were not permitted to
    attend the appeal.
        On January 21, the Haiphong Appellate Court rejected the appeals of
    six dissidents affiliated with Bloc 8406 who were arrested in 2008 and
    convicted in October 2009 for violating article 88. The six were
    sentenced to jail terms ranging from two to six years' imprisonment for
    displaying banners that criticized the Communist Party and advocated
    multiparty democracy. Foreign diplomats and journalists were not
    allowed to attend the appeals trial.
        On January 29, Pham Thanh Nghien, a Bloc 8406 member arrested in
    2008, was convicted in Haiphong for violating article 88 and sentenced
    to four years' imprisonment and three years' administrative probation
    relating to her petition to hold a demonstration against the
    Government's policies on inflation and for criticizing the Government's
    handling of border disputes with China. Nghien's family, journalists,
    and foreign diplomats were not permitted to attend the appeal
    proceedings.
        Several other political dissidents affiliated with outlawed
    political organizations, including Bloc 8406, PDP, People's Action
    Party, Free Vietnam Organization, DPV, UWFO, and others, remained in
    prison or under house arrest in various locations. In March Bloc 8406
    published a list of 38 members imprisoned for their affiliation with
    the movement.
        Several of approximately 30 activists arrested in 2006-07 but later
    released remained under investigation and administrative detention
    without being formally charged.
        International NGOs estimated that several hundred ethnic minority
    demonstrators associated with the 2004 Central Highlands protests
    remained in prison.
        Authorities also detained and imprisoned persons who used the
    Internet to publish ideas on human rights, government policies, and
    political pluralism (see section 2.a., Internet Freedom).
        Several persons, including political activists and religious
    leaders, were released during the year.
        In June Mennonite pastor Nguyen Thi Hong was released five months
    early following her January 2009 conviction for ``abusing trust to
    appropriate property'' related to alleged unpaid debts owed by her
    deceased husband.
        In March, following two strokes in prison in July and November
    2009, dissident Catholic priest Thaddeus Nguyen Van Ly was granted a
    one-year humanitarian medical release to allow him to seek treatment
    for a brain tumor. Ly was arrested in 2007 for violating article 88 due
    to his role in cofounding the Bloc 8406 movement and the Vietnam
    Progressive Party (VPP) and was sentenced to 8 years' imprisonment.
        In March Le Thi Cong Nhan--well-known human rights attorney, Bloc
    8406 cofounder, and VPP spokeswoman--was released from prison after
    completing her three-year sentence. Nhan was arrested in 2007 and
    convicted of violating article 88.
        In August Truong Minh Nguyet was released from prison. A member of
    the Vietnamese Patriots Group and vice chair of the Vietnam Political
    and Religious Prisoners Friendship Association, Nguyet was arrested in
    2007 and sentenced to four years' imprisonment for ``abusing democratic
    freedoms.''
        In August PDP founding member Le Nguyen Sang was released from
    prison after completing his four-year sentence. Sang was arrested in Ho
    Chi Minh City in 2006 for violating article 88, related to his
    involvement with the PDP.
        In May PDP founding member Nguyen Bac Truyen was released after
    completing his three-and-a-half-year prison sentence. Truyen was
    arrested in Ho Chi Minh City in 2006 for violating article 88 related
    to his role in the creation of the PDP.
        Mai Thi Dung, a member of the unrecognized Hoa Hao Buddhist Church,
    was released in August after completing her five-year sentence. Dung
    was arrested in 2005 and convicted in 2006 for ``disturbing the public
    order'' and assaulting police after allegedly assisting in pouring
    gasoline on a local official.
        During the year there were reports that authorities released more
    than 100 Montagnards from the Central Highlands convicted of violating
    national security laws relating to 2001 and 2004 protests in the
    Central Highlands.
        In July Dinh Quang Hai was released after completing his 10-year
    sentence. In September Huynh Buu Chau was released after completing an
    11-year sentence. He was arrested in 1999 in Cambodia while petitioning
    the UNHCR for refugee status; Cambodian officials escorted Chau to the
    Vietnamese border and turned him over to Vietnamese police. He was
    subsequently convicted of ``fleeing abroad to oppose the Government.''
        Nguyen Anh Hao was released in July after completing a 13-year
    sentence. Hao was arrested in 1997 and convicted of ``fleeing abroad to
    oppose the Government.''
        In July Truong Van Suong was granted a one-year humanitarian
    medical release due to declining health after spending 33 years in
    detention, including six years in reeducation camps (1975-81).

        Civil Judicial Procedures and Remedies.--There is no clear or
    effective mechanism for pursuing a civil action to redress or remedy
    abuses committed by authorities. Civil suits are heard by
    administrative courts, civil courts, and criminal courts, all of which
    follow the same procedures as in criminal cases and are adjudicated by
    members of the same body of judges and lay assessors. All three levels
    were subject to the same problems of corruption, lack of independence,
    and inexperience.
        By law a citizen seeking to press a complaint regarding a human
    rights violation by a civil servant is required first to petition the
    officer accused of committing the violation for permission to refer the
    complaint to the administrative courts. If a petition is refused, the
    citizen may refer it to the officer's superior. If the officer or his
    superior agrees to allow the complaint to be heard, the matter is taken
    up by the administrative courts. If the administrative courts agree
    that the case should be pursued, it is referred either to the civil
    courts for suits involving physical injury seeking redress of less than
    20 percent of health-care costs resulting from the alleged abuse, or to
    the criminal courts for redress of more than 20 percent of such costs.
    In practice this elaborate system of referral and permission ensured
    that citizens had little effective recourse to civil or criminal
    judicial procedures to remedy human rights abuses, and few legal
    experts had experience with the system. In August the Government issued
    new regulations limiting the number of government agencies that could
    receive a complaint and restricting each complaint to only one
    signatory. The new regulation restricted the common practice of
    individuals, particularly land-rights petitioners, from sending joint
    complaints to numerous federal agencies.

        Property Restitution.--In August 2009 the prime minister issued a
    decree that offers compensation, housing, and job training for
    individuals displaced by development projects. Nevertheless, there were
    widespread reports of official corruption and a general lack of
    transparency in the Government's process of confiscating land and
    moving citizens to make way for infrastructure projects. By law
    citizens must be compensated when they are resettled to make way for
    infrastructure projects, but there were complaints, including from the
    National Assembly, that compensation was inadequate or delayed.
        In January Catholic parishioners in Hanoi conducted several large-
    scale prayer vigils as a result of the police's destruction of a large
    concrete crucifix on disputed property at Dong Chiem parish.
        In May police clashed with local Catholics at a cemetery in the
    village of Con Dau outside Danang. In 2003, despite objections by some
    parishioners, the Government reached an agreement with Catholic
    officials to relocate parishioners while building an ecotourism resort
    in the area. Both sides agreed that a former Catholic cemetery within
    the construction zone would no longer be used, and the Government
    designated a new cemetery. On May 4, when protesting parishioners
    attempted to bury the remains of a local parishioner in the cemetery,
    which authorities had closed in March, police intervened. Parishioners
    reportedly attacked police who were blocking the entrance to the
    cemetery, and violence between police and parishioners ensued. Police
    arrested six parishioners accused of starting the altercation and
    damaging a police vehicle. On October 27, the six were tried for public
    disorder; two individuals received nine- and 12-month jail sentences,
    and the remaining four defendants received suspended sentences. Three
    of the accused were denied their right to legal representation. An
    appeal by family members of the convicted was denied on the grounds
    that it was not filed by the convicted individuals directly.
        Local security officials allegedly interrogated Nguyen Thanh Nam on
    two separate occasions for his involvement in the May clash in Con Dau.
    In July Nam died under unusual circumstances one day after being
    detained by police for attempted burglary. The accounts of the cause of
    Nam's death differed widely, even among family members. Some claimed
    the death was from natural causes, while others alleged it was the
    result of police beatings during interrogation. Nam's family denied
    efforts by police to conduct an autopsy and signed an affidavit
    claiming he died from a stroke. In October Nam's wife was pressured by
    security services to make a videotaped statement that Nam died of a
    stroke, but she refused.
        Some members of ethnic minority groups in the Central and Northwest
    Highlands continued to complain that they had not received proper
    compensation for land confiscated by the Government to develop large-
    scale state-owned coffee and rubber plantations.

        f. Arbitrary Interference With Privacy, Family, Home, or
    Correspondence.--The law prohibits such actions; however, the
    Government did not respect these prohibitions in practice. Household
    registration and block warden systems existed for the surveillance of
    all citizens, although these systems were less intrusive than in the
    past. Authorities focused particular attention on persons suspected of
    being involved in unauthorized political or religious activities.
        Forced entry into homes is not permitted without orders from the
    public prosecutor; however, security forces seldom followed these
    procedures but instead asked permission to enter homes, with an implied
    threat of repercussions for failure to cooperate. Police forcibly
    entered homes of a number of prominent dissidents, such as Nguyen Khac
    Toan, Nguyen Thanh Giang, Le Tran Luat, Nguyen Cong Chinh, and Do Nam
    Hai, and removed personal computers, cell phones, and other material.
        Government authorities opened and censored targeted persons' mail;
    confiscated packages and letters; and monitored telephone
    conversations, e-mail, text messages, and fax transmissions. The
    Government cut the telephone lines and interrupted the cell phone and
    Internet service of a number of political activists and their family
    members.
        Membership in the CPV remained a prerequisite to career advancement
    for all government and government-linked organizations and businesses.
    However, economic diversification made membership in the CPV and CPV-
    controlled mass organizations less essential to financial and social
    advancement.
        The imbalanced ratio of newborn boys to girls was increasing
    rapidly. According to the UN Population Fund, for every 100 females
    births in 2009 there were 111 male births, up from 105 five years ago.
    One government study found the ratio to be 120 boy births per 100 girls
    in some wealthier areas of Hanoi and Ho Chi Minh City. The Government
    announced nationwide targets to reduce the growing disparity to no more
    than 113 male births in 2015 and 115 in 2020. Experts attributed the
    rise to three main factors: societal bias, government pressure for
    smaller family size, and the increasing access to affordable technology
    for son-selection.
    Section 2. Respect for Civil Liberties, Including:

        a. Freedom of Speech and Press.--The law provides for freedom of
    speech and of the press; however, the Government continued to restrict
    these freedoms, particularly with respect to speech that criticized
    individual government leaders; promoted political pluralism or
    multiparty democracy; or questioned policies on sensitive matters such
    as human rights, religious freedom, or border disputes with China. The
    line between private and public speech continued to be arbitrary.
        Both the constitution and the criminal code include broad national
    security and antidefamation provisions that the Government used to
    restrict freedom of speech and of the press. The criminal code defines
    the crimes of ``sabotaging the infrastructure of socialism,'' ``sowing
    divisions between religious and nonreligious people,'' and ``conducting
    propaganda against the Socialist Republic of Vietnam'' as serious
    offenses against national security. The criminal code also expressly
    forbids ``taking advantage of democratic freedoms and rights to violate
    the interests of the state and social organizations.''
        Political activists and family members of prisoners occasionally
    were physically prevented from meeting with foreign diplomatic
    representatives. Tactics included setting up barriers or guards outside
    their residences or calling them into the local police station for
    random and repetitive questioning.
        The CPV, government, and party-controlled mass organizations
    controlled all print, broadcast, and electronic media. The Government
    exercised oversight through the Ministry of Information and
    Communication (MIC), under the overall guidance of the Communist Party
    Propaganda and Education Commission. These two bodies frequently
    intervened directly to dictate or censor a story. More often, however,
    control over media content was ensured through pervasive self-
    censorship, backed by the threat of dismissal and possible arrest.
        Some private investors were permitted to operate television
    channels and news aggregator Web sites and to publish certain pages in
    newspapers, as long as the content was not deemed ``sensitive'' by the
    Government. However, private ownership of any media outlet was
    prohibited.
        During the year Vietnam News Agency began the first exclusive news
    channel, V-News, broadcasting in Vietnamese and English. Vietnam
    Television (VTV) also began Vietnam Today, a daily program aimed at the
    overseas Vietnamese community to encourage the diaspora to return.
        Despite the continued growth of Internet blogs, the party and the
    Government increased efforts to suppress press freedom, continuing a
    ``rectification'' campaign begun in 2008. In speeches in January and
    February, the prime minister stated that ``journalists must be loyal
    soldiers serving the nation,'' called on news agencies to fight against
    ``sedition,'' and asserted that the press ``should not report
    information that harms the country's interests.'' Similarly, the MIC
    held a conference on the media's responsibility in the ``fight against
    false arguments, slanders, and accusations against Vietnam,'' claiming
    that many ``reactionary forces'' were attempting to carry out
    ``peaceful evolution plots against Vietnam to incite an overthrow of
    the Government'' and that the media should be more active in reporting
    on these ``slanders'' from overseas.
        In December the MIC officially reprimanded the editor in chief and
    two reporters from the news Web site Vietnam Net for publishing results
    of a survey on corruption by Transparency International. The author of
    the article was also denied renewal of her government-issued press
    card.
        Several journalists were attacked or threatened relating to their
    reporting on sensitive stories. The most serious cases included Lao
    Dong newspaper reporter Tran The Dung, who was assaulted by several
    individuals while reporting on illegal poultry imports, and Tien Phong
    newspaper reporters Vo Minh Chau and Minh Thuy, who were attacked in Ha
    Tinh Province while investigating illegal land encroachment. Police
    continued to investigate several of the assaults at year's end. Phan Ha
    Binh, deputy managing editor of Tien Phong, was arrested in October for
    soliciting a VND 220 million ($11,000) bribe from a cement company
    about which he threatened to write negative articles.
        The law requires journalists to pay monetary damages to individuals
    or organizations whose reputations were harmed as a result of
    journalists' reporting, even if the reports were true. Independent
    observers noted that the law severely limited investigative reporting.
    There were press reports on topics that generally were considered
    sensitive, such as the prosecution on corruption charges of high-
    ranking CPV and government officials, as well as occasional criticism
    of officials and official associations. Nonetheless, the freedom to
    criticize the CPV and its senior leadership remained restricted.
        In November the MIC issued a new decree restricting the ability of
    the local press to report on foreign news stories, requiring them to
    seek advance permission.
        Foreign journalists must be approved by the Foreign Ministry's
    press center, and they must be based in Hanoi, with the exception of
    one correspondent reporting solely on economic matters who lived and
    maintained an office in Ho Chi Minh City while officially accredited to
    Hanoi. Foreign journalists are required to renew their visas every
    three to six months. The number of foreign media employees allowed was
    limited, and Vietnamese employees working for foreign media are
    required to register with the Foreign Ministry.
        The procedure for foreign media outlets to hire local reporters and
    photographers and receive approval for their accreditation continued to
    be cumbersome. The press center nominally monitored journalists'
    activities and approved, on a case-by-case basis, requests for
    interviews, photographs, filming, or travel, which must be submitted at
    least five days in advance. By law foreign journalists are required to
    address all questions to government agencies through the Foreign
    Ministry, although this procedure often was ignored in practice.
    Foreign journalists noted that they generally did not notify the
    Government about their travel outside Hanoi unless it involved a story
    that the Government would consider sensitive or they were traveling to
    an area considered sensitive, such as the Central Highlands.
        Under February 2009 regulations, the MIC has the authority to
    revoke licenses for foreign publishers, and each foreign publisher must
    reapply annually to maintain its license. Foreign-language editions of
    some banned books were sold openly by street peddlers and in shops
    oriented to tourists. Foreign-language periodicals were widely
    available in cities. Occasionally the Government censored articles.
        The law limits satellite television access to top officials,
    foreigners, luxury hotels, and the press, but in practice persons
    throughout the country were able to access foreign programming via home
    satellite equipment or cable. Cable television, including foreign-
    origin channels, was widely available to subscribers living in urban
    areas.

        Internet Freedom.--The Government allows access to the Internet
    through a limited number of Internet service providers (ISPs), all of
    which were state-owned joint stock companies. Internet usage continued
    to grow throughout the year. Nearly 27.3 million persons (32 percent of
    the population) had access to the Internet, according to the
    Government's General Statistics Office. According to a separate study
    by Internet World Stats, in large population centers more than 50
    percent had access, with even higher numbers reported in Hanoi and Ho
    Chi Minh City.
        Blogging continued to increase rapidly. The MIC estimated that
    there were more than one million bloggers. In addition a number of
    prominent print and online news journalists maintained their own
    professional blogs. In several cases their blogs were considered far
    more controversial than their mainstream writing. In a few instances,
    the Government fined or punished these individuals for the content of
    their blogs.
        The number of persons who used social networking sites increased to
    several million. Zing Me, officially launched in August after one year
    of trial operation, was estimated to be the largest social networking
    site, with more than five million users. Despite the Government
    ordering ISPs to block Facebook in November 2009, the site remained
    popular with young persons, many of whom used workarounds to access the
    site. Facebook finished the year with nearly two million users. In May
    the Government-owned Vietnam Multimedia Corporation launched GO.VN, but
    adoption was sluggish.
        The Government forbids direct access to the Internet through
    foreign ISPs, requires domestic ISPs to store information transmitted
    on the Internet for at least 15 days, and requires ISPs to provide
    technical assistance and workspace to public security agents to allow
    them to monitor Internet activities.
        The Government requires cybercafes to register the personal
    information of their customers and store records of Internet sites
    visited by customers. However, many cybercafe owners did not maintain
    these records. ISP compliance with these government regulations was
    unclear.
        Although citizens enjoyed increasing access to the Internet, the
    Government monitored e-mail, searched for sensitive key words, and
    regulated Internet content.
        Decree 97, issued by the Prime Minister's Office in 2008, details
    the Government's role in the management, provision, and use of Internet
    services and electronic information on the Internet. During the year
    several cities and provinces issued additional regulations to control
    online access. In April the Hanoi People's Committee issued regulations
    requiring all ``Internet retailers'' to install government-approved
    software to monitor online activities.
        In June the MIC issued new regulations governing Internet companies
    and requiring social networking sites and Web sites that provide
    information in the areas of ``politics, economics, culture, and
    society'' to register and receive an operating license from the
    Government before operation.
        In September Hanoi authorities ordered Internet cafes within 200
    meters (219 yards) of a school to cease operations and required ISPs to
    cut online access to Internet cafes between 11 p.m. and 6 a.m. to curb
    online gaming. Some businesses flouted the regulations by registering
    as restaurants, which were not subject to the same restrictions.
        Government regulations prohibit bloggers from posting material that
    the Government believes undermines national security or discloses state
    secrets, incites violence or crimes, or includes inaccurate information
    harming the reputation of individuals and organizations. These
    regulations were routinely ignored. The regulations also require global
    Internet companies with blogging platforms operating in the country to
    report to the Government every six months and, if requested, to provide
    information about individual bloggers. Officials construed article 88
    of the criminal code, which bans ``distributing propaganda against the
    state,'' to prohibit individuals from downloading and disseminating
    documents that the Government deemed offensive.
        Authorities continued to detain and imprison dissidents who used
    the Internet to criticize the Government and publish ideas on human
    rights and political pluralism.
        In January Tran Huynh Duy Thuc, the blogger known as Change We Need
    who regularly reported on corruption in the prime minister's family,
    was sentenced to 16 years' imprisonment for subversion. In August 2009
    Huy Duc was dismissed from his job for his politically sensitive blog
    postings.
        In March several bloggers affiliated with the Free Journalists
    Club, including bloggers Wind Trader, Truth and Justice, and AnhBa
    Saigon (Phan Thanh Hai), were detained for short periods.
        In October authorities arrested AnhBa Saigon for postings critical
    of the Government and charged him with violating article 88. Officials
    arrested Le Nguyen Huong Tra (Co Gai Do Long) for violating article 258
    after posting commentaries critical of the son of MPS Vice Minister
    Nguyen Khanh Toan. Nguyen Van Hai (Dieu Cay) was transferred to a new
    jail on the day of his scheduled release in October and rearrested for
    violating article 88 based on three-year-old blog postings. His former
    wife was denied permission several times to meet with him, while his
    son was allowed regular 30-minute monthly meetings. At year's end
    Nguyen reportedly was being held in isolation. All three bloggers were
    awaiting trial at year's end.
        In October Vi Duc Hoi, a former Communist Party official from Lang
    Son, was arrested for online postings critical of the CPV and charged
    with violating article 88. Hoi, a CPV member since 1980, was ejected in
    2007 after he authored online articles disparaging corruption in the
    CPV. He was awaiting trial at year's end.
        At least 50 Web sites critical of the Government and hosted
    overseas were targeted by distributed denial-of-service attacks. A
    majority of the targeted Web sites were news aggregator sites that
    regularly republish postings by high-profile dissidents critical of the
    Government. Several other Web sites were made inoperable by hackers.
        Throughout the year the Web site Bauxite Vietnam, an online forum
    started by intellectuals in opposition to the Government's plan to
    allow Chinese companies to mine bauxite in the Central Highlands,
    experienced repeated distributed denial-of-service attacks. The main
    Bauxite Vietnam Web site was disabled, as were several replacement Web
    sites of the same name; however, the managers of the site created new
    Bauxite Vietnam Web sites with different Internet protocol addresses to
    avoid attacks. Security services repeatedly questioned the chief editor
    of Bauxite Vietnam, Nguyen Hue Chi, from mid-January to February
    regarding his role with the Web site.
        In December the popular news portal Vietnam Net was hacked multiple
    times and made inaccessible. An investigation into the attacks
    continued at year's end.
        On March 30, Google's security team posted online a statement
    affirming that malware implanted in Vietnamese-language keyboard
    software had been used to spy on Vietnamese dissidents and to launch
    ``distributed denial-of-service attacks against blogs containing
    messages of political dissent.'' Online security company McAfee also
    alleged that the denial-of-service attacks were ``politically
    motivated'' and that the perpetrators ``have some allegiance to the
    Government of the Socialist Republic of Vietnam.''
        Political dissidents and bloggers routinely reported having the
    Internet connections at their homes disconnected on orders from the
    security services. In May well-known dissident poet and blogger Ha Si
    Phu had his Internet and telephone lines disconnected in his home town
    of Dalat for spreading ``antigovernment'' information.
        The Government continued to use firewalls to block some Web sites
    that it deemed politically or culturally inappropriate, including sites
    affiliated with the Catholic Church, such as Vietcatholic.net, and
    others operated by overseas Vietnamese political groups. The Government
    appeared to have lifted most of its restrictions on access to the Voice
    of America Web site, although it continued to block Radio Free Asia
    most of the time. During the year BBC online in Vietnamese and English
    was at times blocked. Nevertheless, the local press occasionally wrote
    stories based on Radio Free Asia broadcasts and BBC articles.
        The MIC requires owners of domestic Web sites, including those
    operated by foreign entities, to register their sites with the
    Government and submit their planned content and scope to the Government
    for approval; however, enforcement remained selective.

        Academic Freedom and Cultural Events.--The Government asserts the
    right to restrict academic freedom, and authorities sometimes
    questioned and monitored foreign field researchers. Foreign academic
    professionals temporarily working at universities in the country were
    allowed to discuss nonpolitical topics widely and freely in classes,
    but government observers regularly attended classes taught by both
    foreigners and nationals. Security officials occasionally questioned
    persons who attended programs on diplomatic premises or used diplomatic
    research facilities. Nevertheless, requests for materials from foreign
    research facilities increased. Academic publications usually reflected
    the views of the CPV and the Government. Local librarians increasingly
    were being trained in professional skills and international standards
    that supported wider international library and information exchanges
    and research.
        In November the Government issued a decree restricting the ability
    of international and domestic organizations to host conferences with
    international sponsorship or participation. The decree requires
    government approval of all such events at least 20 days in advance of
    the conference. The Government used the edict to postpone or cancel
    conferences hosted by foreign embassies and consulates.
        Members of the academic community continued to express concern over
    the July 2009 decree (Decision 97), which prohibits independent
    scientific and technical organizations from publicly criticizing party
    and state policy, alleging that it was a potentially severe restriction
    on academic freedom.
        The Government controlled art exhibits, music, and other cultural
    activities; however, artists were allowed broader latitude than in past
    years to choose the themes for their works. The Government also allowed
    universities more autonomy over international exchanges and cooperation
    programs.

        b. Freedom of Peaceful Assembly and Association.--Freedom of
    Assembly.--Freedom of assembly is limited by law, and the Government
    restricted and monitored all forms of public protest or gathering.
    Persons wishing to gather in a group are required by law and regulation
    to apply for a permit, which local authorities can issue or deny
    arbitrarily. In practice only those arranging publicized gatherings to
    discuss sensitive matters appeared to require permits, and persons
    routinely gathered in informal groups without government interference.
    The Government generally did not permit demonstrations that could be
    seen to have a political purpose. The Government also restricted the
    right of several unregistered religious groups to gather in worship.
        Demonstrations by citizens demanding redress for land-rights claims
    frequently took place in Ho Chi Minh City and occasionally in Hanoi.
    Police monitored these protests but generally did not disrupt them.

        Freedom of Association.--The Government severely restricted freedom
    of association. Opposition political parties were neither permitted nor
    tolerated. The Government prohibited the legal establishment of
    private, independent organizations, insisting that persons work within
    established, party-controlled mass organizations, usually under the
    aegis of the VFF. However, some entities, including unregistered
    religious groups, were able to operate outside of this framework with
    little or no government interference.

        c. Freedom of Religion.--For a complete description of religious
    freedom, please see the 2010 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 imposed some limits on freedom of
    movement for certain individuals. The Government generally cooperated
    with the UNHCR and other humanitarian organizations in providing
    protection and assistance to internally displaced persons, refugees,
    returning refugees, asylum seekers, stateless persons, and other
    persons of concern.
        Several political dissidents, amnestied with probation or under
    house arrest, were subject to official restrictions on their movements.
    Although their probation ended in 2009, dissidents Nguyen Khac Toan,
    Pham Hong Son, Le Thi Kim Thu, and others were prohibited from
    receiving a passport and traveling overseas. Attorney Le Quoc Quan,
    attorney Le Tran Luat, and journalist Nguyen Vu Binh were allowed to
    travel within the country but were prohibited from traveling overseas.
        A government restriction regarding travel to certain areas remained
    in effect. It requires citizens and resident foreigners to obtain a
    permit to visit border areas, defense facilities, industrial zones
    involved in national defense, areas of ``national strategic storage,''
    and ``works of extreme importance for political, economic, cultural,
    and social purposes.''
        The 2007 Law on Residence was not broadly implemented, and
    migration from rural areas to cities continued unabated. However,
    moving without permission hampered persons seeking legal residence
    permits, public education, and health-care benefits.
        Foreign passport holders must register to stay in private homes,
    although there were no known cases of local authorities refusing to
    allow foreign visitors to stay with friends and family. Citizens also
    were required to register with local police when staying overnight in
    any location outside of their own homes; the Government appeared to
    enforce these requirements more strictly in some districts of the
    Central and Northern Highlands.
        Officials occasionally delayed citizens' access to passports in
    order to extort bribes, and prospective emigrants occasionally
    encountered difficulties obtaining a passport.
        The law does not provide for forced internal or external exile, and
    the Government did not use it.
        The Government generally permitted citizens who had emigrated to
    return to visit. However, the Government refused to allow certain
    activists living abroad to return. Known overseas Vietnamese political
    activists were denied entrance visas or were detained and deported
    after entering the country.
        By law the Government considers anyone born to at least one
    Vietnamese citizen parent to be a citizen; there are also provisions
    for persons who do not have a Vietnamese-citizen parent to acquire
    citizenship under certain conditions. Emigrants who acquire another
    country's citizenship are generally considered Vietnamese citizens
    unless they formally renounce their Vietnamese citizenship. However, in
    practice the Government treated overseas Vietnamese as citizens of
    their adopted country. Legislation passed in 2008 sought to clarify
    this apparent discrepancy by allowing for dual citizenship. The
    Government generally encouraged visits and investment by such persons
    but sometimes monitored them carefully. The Government continued to
    liberalize travel restrictions for overseas Vietnamese, including
    permitting visa-free travel and permitting individuals to petition to
    receive Vietnamese passports.
        The Government continued to honor a tripartite memorandum of
    understanding signed with the Government of Cambodia and the UNHCR to
    facilitate the return from Cambodia of all ethnic Vietnamese who did
    not qualify for third-country resettlement.
        Local government authorities observed but did not hinder fact-
    finding and monitoring visits by UNHCR and foreign diplomatic
    representatives to the Central Highlands. The UNHCR reported that it
    was able to meet with returnees in private. Foreign diplomats
    experienced some resistance from lower-level officials in permitting
    private interviews of returnees. As in previous years, local police
    officials sometimes were present during foreign diplomat interviews
    with returnees but left when asked. Provincial governments generally
    continued to honor their obligations to reintegrate peacefully ethnic
    minority returnees from Cambodia.
        The UNHCR, which conducted several monitoring trips throughout the
    year, reported that there was ``no perceptible evidence of
    mistreatment'' of any of the ethnic minority individuals it monitored
    in the Central Highlands.

        Protection of Refugees.--The country is not a signatory to the 1951
    Convention relating to the Status of Refugees and its 1967 Protocol,
    and the law does not provide for the granting of asylum or refugee
    status. The Government has not established a system for providing
    protection to refugees and did not grant refugee status or asylum.
    Government regulations and policy do not explicitly provide protection
    against the expulsion or return of persons where their lives or freedom
    would be threatened on account of their race, religion, nationality,
    membership in a particular social group, or political opinion; however,
    there were no such reported cases during the year.

        Stateless Persons.--The country's largest stateless group consisted
    of approximately 9,500 Cambodian residents who sought refuge in Vietnam
    in the 1970s and were denied the right to return by the Government of
    Cambodia, which asserted no proof existed that these individuals had
    ever possessed Cambodian citizenship. Almost all were ethnic Chinese or
    Vietnamese who were initially settled in four refugee camps in and
    around Ho Chi Minh City. When humanitarian assistance in these camps
    ceased in 1994, an estimated 7,000 refugees left the camps in search of
    work and opportunities in Ho Chi Minh City and the surrounding area. An
    additional 2,100 remained in four villages in which the camps once
    operated. Many had children and grandchildren born in Vietnam, but
    neither the original refugees nor their children enjoy the same rights
    as Vietnamese citizens, including the right to own property, comparable
    access to education, and public medical care. In July the first group
    of 287 individuals received Vietnamese citizenship as part of a joint
    UNHCR-government effort to survey and naturalize these stateless
    individuals. The naturalization applications for the approximately
    1,800 remaining had been submitted to the Office of the President for
    final approval and were expected to be completed before the end of
    2011.
        The Government previously resolved earlier problems of
    statelessness due to involuntary denationalization of its citizens,
    such as women who married foreigners, by implementing legislation
    passed in 2008 allowing dual citizenship. This group typically
    consisted of women who married Chinese and Korean men. Previously the
    women had to renounce their Vietnamese citizenship to apply for foreign
    citizenship, but before gaining foreign citizenship they divorced their
    husbands and returned to Vietnam without possessing any citizenship or
    supporting documentation. However, Taiwanese law continued to require
    Vietnamese women to renounce their citizenship in order to marry and
    apply for Taiwanese citizenship. The Government and the UNHCR worked
    with the authorities in Taiwan to address this problem.
        The Vietnam Women's Union continued to work with the Government of
    South Korea to address international marriage brokering and premarriage
    counseling, including education on immigration and citizenship
    regulations. Some domestic and international NGOs provided assistance.
    Section 3. Respect for Political Rights: The Right of Citizens to
            Change Their Government
        The constitution does not provide for the right of citizens to
    change their government peacefully, and citizens could not freely
    choose and change the laws and officials that govern them.

        Elections and Political Participation.--The most recent elections
    to select members of the National Assembly were held in 2007. The
    elections were neither free nor fair, since all candidates were chosen
    and vetted by the VFF. Despite the CPV's early announcement that a
    greater number of ``independent'' candidates (those not linked to a
    certain organization or group) would run in the elections, the ratio of
    independents was only slightly higher than that of the 2002 election.
    The CPV approved 30 ``self-nominated'' candidates, who did not have
    official government backing but were allowed to run for office. There
    were credible reports that party officials pressured many self-
    nominated candidates to withdraw or found such candidates
    ``ineligible'' to run.
        According to the Government, more than 99 percent of the 56 million
    eligible voters cast ballots in the election, a figure that
    international observers considered improbably high. Voters were
    permitted to cast ballots by proxy, and local authorities were charged
    with assuring that all eligible voters cast ballots by organizing group
    voting and that all voters within their jurisdiction were recorded as
    having voted. This practice was seen as having greatly detracted from
    the transparency and fairness of the process.
        In the 2007 election, CPV leaders--Prime Minister Nguyen Tan Dung,
    Party Chief Nong Duc Manh, President Nguyen Minh Triet, and National
    Assembly Chairman Nguyen Phu Trong--retained their seats. CPV
    candidates took 450 of 493 seats. Only one of the 30 self-nominated
    candidates won.
        The National Assembly, although subject to the control of the CPV
    (all of its senior leaders and more than 90 percent of its members were
    party members), continued to take incremental steps to assert itself as
    a legislative body. The National Assembly publicly criticized
    socioeconomic policies, corruption, the Government's handling of
    inflation, financial problems of large state-owned enterprises, and the
    plan to mine bauxite in the Central Highlands. For the first time, the
    National Assembly voted against an official government project
    sponsored by the prime minister--a VND 1.12 quadrillion ($56 billion)
    high-speed rail project. Assembly sessions were televised live
    countrywide. Some legislators also indirectly criticized the CPV's
    preeminent position in society.
        All authority and political power is vested in the CPV, and the
    constitution recognizes the leadership of the CPV. The CPV Politburo
    functioned as the supreme decision-making body in the country, although
    technically it reports to the CPV Central Committee. Political
    opposition movements and other political parties are illegal.
        The Government continued to restrict public debate and criticism
    severely. No public challenge to the legitimacy of the one-party state
    was permitted; however, there were instances of unsanctioned letters
    critical of government policy from private citizens, including some
    former senior party members. The most prominent of these involved
    widely publicized letters from General Vo Nguyen Giap criticizing the
    Government's decision to allow substantial foreign investment in
    bauxite-mining projects in the Central Highlands. The Government
    continued to crack down on the small opposition political groupings
    established in 2006, and members of these groups faced arrests and
    arbitrary detentions.
        Members of Bloc 8406, a political activist group that calls for the
    creation of a multiparty state, continued to face harassment and
    imprisonment. At least 38 members of the group were in detention at
    year's end.
        The law provides the opportunity for equal participation in
    politics by women and minority groups. There were 127 women in the
    National Assembly, or 26 percent, a slightly lower percentage than in
    the previous assembly.
        Ethnic minorities held 87 seats, or 18 percent, in the National
    Assembly, exceeding their proportion of the population, estimated at 14
    percent.
    Section 4. Official Corruption and Government Transparency
        The law provides for criminal penalties for official corruption;
    however, the Government did not always implement the law effectively,
    and officials sometimes engaged in corrupt practices with impunity.
    Corruption continued to be a major problem. The Government persisted in
    efforts to fight corruption, including publicizing budgets of different
    levels of government and continuing to streamline government inspection
    measures. Cases of government officials accused of corruption
    occasionally were widely publicized.
        The anticorruption law allows citizens to complain openly about
    inefficient government, administrative procedures, corruption, and
    economic policy. In regular Internet chats with high-level government
    leaders, citizens asked pointed questions about anticorruption efforts.
    However, the Government continued to consider public political
    criticism a crime unless the criticism was controlled by authorities.
    Attempts to organize those with complaints to facilitate action are
    considered proscribed political activities and subject to arrest.
    Senior government and party leaders traveled to many provinces,
    reportedly to try to resolve citizen complaints. Corruption related to
    land use was widely publicized in the press, apparently in an
    officially orchestrated effort to bring pressure on local officials to
    reduce abuses.
        Corruption among police remained a significant problem at all
    levels, and members of the police sometimes acted with impunity.
    Internal police oversight structures existed but were subject to
    political influence.
        Foreign aid donors conducted a biannual Anti-Corruption Dialogue as
    part of consultative group meetings with the Government. Previous
    dialogues focused on corruption in the education, health, and
    construction sectors.
        In January Vu Dinh Tuan, the former deputy chairman of the Office
    of the Government, and 22 other collaborators were charged with abuse
    of power to seek personal benefit relating to taking bribes while
    rewarding contracts for modernizing information technology systems in
    government agencies. The Government alleged Thuan took VND 275 million
    ($14,100) and that his actions directly cost the Government
    approximately VND 4.6 billion ($242,100).
        In June police arrested Doan Tien Dung, deputy general director of
    the state-owned Bank for Investment and Development, alleging he had
    received more than VND six billion ($307,700) in bribes in exchange for
    approving loans and illegal cash withdrawals. Also in June a high
    school teacher, who became famous throughout the country for bringing
    endemic bribe-taking by teachers in the education system to light
    through undercover videotapes shown on national television, resigned
    his position due to being harassed and passed over for promotion. The
    teacher's actions in bringing the corruption to light had earlier
    earned him an award from the minister of education.
        In August Bui Tien Dung, the former director of Project Management
    Unit Number 18 (PMU-18), was sentenced to an additional three years'
    imprisonment, in addition to his earlier sentence of 13 years, for
    ``intentionally violating state economic regulations causing serious
    consequences.'' Two other colleagues of Dung also received prison terms
    for embezzlement. At year's end eight key corruption cases originating
    in 2007 remained unfinished, including the PMU-18 and Bai Chay bridge
    project scandals.
        In a wide-ranging corruption scandal in Ho Chi Minh City, in August
    two individuals were convicted of bribery and ``cheating to usurp the
    people's property'' and sentenced to life imprisonment in relation to
    bribes paid to city officials, bank officers, and others under the ruse
    of building a housing complex and industrial park. The two ringleaders
    bribed city officials with more than VND 1.6 billion ($72,000) to
    obtain government approval for the projects, and then based on these
    approvals they borrowed and embezzled more than VND 115 billion ($5.9
    million) from the Vietnam Bank for Agriculture and Rural Development
    (Agribank). The former district people's committee chairman who had
    received the bribes and facilitated government approval of the project
    was sentenced to 26 years' imprisonment, while several commune
    officials received double-digit sentences related to abuse of power.
    Several officials at Agribank also received lengthy prison terms for
    violating banking regulations.
        In August Pham Thanh Binh, chief executive officer of the
    shipbuilding conglomerate Vinashin, was arrested under misappropriation
    charges. In September two former Vinashin board members--Tran Quang Vu
    and Tran Van Liem--and two former Vinashin subsidiaries general
    directors--Nguyen Van Tuyen and Nguyen Tuan Duong--were also arrested
    on similar charges of misappropriation and embezzlement.
        A VTV financial department employee alleged in September that the
    VTV director had embezzled VND 1.6 billion ($82,000) in value-added
    taxes and had also misappropriated funds of the Japanese aid agency
    relating to construction of a new VND10 trillion ($500 million)
    headquarters. There was no official investigation into the alleged
    embezzlement.
        In September Huynh Ngoc Si, former deputy director of the Ho Chi
    Minh City transport service, was indicted for receiving more than
    $262,000 in bribes from officials of Pacific Consultants International
    (PCI), a foreign consulting firm. Si was sentenced to life imprisonment
    on October 18. The Government seized his two homes and also ordered him
    to pay a $262,000 fine to the Government. Si and his associate Le Qua
    were convicted in September 2009 of ``abusing power while on official
    duty'' for accepting VND 52 million ($2,700) and VND 54 million
    ($3,000), respectively, in kickbacks from office rent from PCI. In
    March Si and Qua appealed their three- and two-year sentences, only to
    have the appellate court extend their sentences to six and five years,
    respectively.
        In September four Vietnamese-American directors of the foreign-
    based Nexus Corporation were convicted of paying bribes to government
    officials from 1999 to 2008 in exchange for contracts with government
    agencies.
        According to the asset declaration decree, government officials
    must annually report by November 30 the real estate, precious metals,
    and ``valuable papers'' they own; money they hold in overseas and
    domestic bank accounts; and their taxable income. The Government must
    publicize asset declaration results only if a government employee is
    found ``unusually wealthy'' and more investigation or legal proceedings
    are needed. In addition to senior government and party officials, the
    decree applies to prosecutors, judges, and those at and above the rank
    of deputy provincial party chief, deputy provincial party chairperson,
    deputy faculty head at public hospitals, and deputy battalion chief.
    Due to a lack of transparency, it was not known how widely the decree
    was enforced.
        The law does not provide for public access to government
    information, and the Government did not usually grant access for
    citizens and noncitizens, including foreign media. In accordance with
    the Law on Promulgation of Legal Normative Documents, the Official
    Gazette published most government legal documents in its daily edition.
    The Government maintained a Web site in both Vietnamese and English, as
    did the National Assembly. In addition decisions made by the Supreme
    People's Court Council of Judges were accessible through the Supreme
    People's Court Web site. Party documents such as politburo decrees were
    not published in the Gazette.
    Section 5. Governmental Attitude Regarding International and
            Nongovernmental Investigation of Alleged Violations of Human
            Rights
        The Government does not permit private, local human rights
    organizations to form or operate. The Government did not tolerate
    attempts by organizations or individuals to comment publicly on its
    human rights practices, and it used a wide variety of methods to
    suppress domestic criticism of its human rights policies, including
    surveillance, limits on freedom of the press and assembly, interference
    with personal communications, and detention.
        The Government generally prohibited private citizens from
    contacting international human rights organizations, although several
    activists did so. The Government usually did not permit visits by
    international NGO human rights monitors; however, it allowed
    representatives from the press, the UNHCR, foreign governments, and
    international development and relief NGOs to visit the Central
    Highlands. The Government criticized almost all public statements on
    human rights and religious matters by international NGOs and foreign
    governments.
        In September the Government requested that Thai authorities
    prohibit two individuals affiliated with a human rights NGO from
    entering that country. The NGO had planned to unveil a report critical
    of Vietnam's leadership on human rights issues during its chairmanship
    of the Association of Southeast Asian Nations (ASEAN). Similarly, two
    individuals affiliated with a foreign-based human rights NGO were
    barred from visiting the country to attend the ASEAN People's Forum in
    September.
        During the year the Government hosted two UN independent experts:
    the independent expert on minority issues in July, and the independent
    expert on human rights and extreme poverty in August. Both met with the
    deputy prime minister and foreign minister and were permitted to travel
    to remote regions of the country.
        The Government discussed human rights matters bilaterally with some
    foreign governments. Several foreign governments continued official
    talks with the Government concerning human rights, typically through
    annual human rights dialogues.
    Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
        The law prohibits discrimination based on race, gender, disability,
    language, or social status; however, enforcement of these prohibitions
    was uneven.

        Women.--The law prohibits using or threatening violence, taking
    advantage of a person who cannot act in self-defense, or resorting to
    trickery to have sexual intercourse with a person against that person's
    will. This criminalizes rape, spousal rape, and in some instances
    sexual harassment. In 2009 a man from the Phan Thiet Province was
    jailed for 18 months for raping his wife. Other rape cases were
    traditionally prosecuted to the full extent of the law. No reliable
    data were available on the extent of the problem.
        Domestic violence against women was considered common. A landmark
    survey conducted jointly by the UN and the General Statistics Office in
    November found that 58 percent of married women had been victims of
    physical, sexual, or emotional domestic violence. Officials
    increasingly acknowledged it as a significant social concern, and it
    was discussed more openly in the media. The law prescribes punishment
    ranging from warnings to a maximum of two years' imprisonment for
    ``those who cruelly treat persons dependent on them.'' The Law on
    Domestic Violence Prevention and Control specifies acts constituting
    domestic violence, assigns specific portfolio responsibilities to
    different government agencies and ministries, and stipulates
    punishments for perpetrators of domestic violence; however, NGO and
    victim advocates considered many of the provisions to be weak. While
    the police and legal system generally remained unequipped to deal with
    cases of domestic violence, the Government, with the help of
    international and domestic NGOs, continued to train police, lawyers,
    and legal system officials in the law.
        Several domestic and international NGOs worked to address domestic
    violence. Hotlines for victims operated by domestic NGOs existed in
    major cities. The Center for Women and Development, supported by the
    Vietnam Women's Union, also operated a nationwide hotline, although it
    was not widely advertised in rural areas. Another NGO, Hagar Vietnam,
    established a training program to reintegrate into society women who
    suffered domestic abuse. In September the first 13 girls graduated from
    the program. While rural areas often lacked the financial resources to
    provide crisis centers and hotlines, a 2007 law establishes ``reliable
    residences'' allowing women to turn to another family while local
    authorities and community leaders attempt to confront the abuser and
    resolve complaints. Government statistics reported that approximately
    half of all divorces were due in part to domestic violence. The divorce
    rate continued to rise partly due to domestic violence and also to
    growing societal acceptance of divorce, but many women remained in
    abusive marriages rather than confront social and family stigma as well
    as economic uncertainty.
        The Government, with the help of international NGOs, supported
    workshops and seminars aimed at educating women and men about domestic
    violence and women's rights in general and also highlighted the problem
    through public awareness campaigns. Domestic NGOs were increasingly
    engaged in women's issues, particularly violence against women and
    trafficking of women and children.
        The act of sexual harassment and its punishment is clearly defined
    in the law; however, in reality there was no legal requirement to
    prevent it. Publications and training on ethical regulations for
    government and other public servants do not mention the problem,
    although it existed.
        Victims of sexual harassment may contact social associations such
    as the Women's Union to request their involvement. If the victim has
    access to a labor union representative, complaints can also be lodged
    with the labor officers. In serious cases victims may sue offenders
    under article 121 of the penal code, which deals with ``humiliating
    other persons'' and specifies punishments that include a warning,
    noncustodial reform for up to two years, or a prison term ranging from
    three months to two years. However, in reality sexual harassment
    lawsuits were unheard of, and most victims were unwilling to denounce
    the offenders publicly.
        The law restricts the number of children per couple to two. The
    Government primarily implemented the policy through media campaigns
    that strongly encouraged individuals to practice family planning. The
    Government also enforced the policy by denying promotions and salary
    increases to public-sector employees with more than two children,
    albeit in an inconsistent manner.
        The law affirms an individual's right to choose contraceptive
    methods as well as access to gynecological diagnosis, treatment, and
    health check-ups during pregnancies. It also provides for medical
    services when giving birth at health facilities, and officials
    generally enforced the law. According to data gathered by the UN, the
    estimated maternal mortality ratio in 2008 was 56 deaths for every
    100,000 live births. Unmarried women in reproductive ages had limited
    or no access to subsidized contraceptives, due to government policy and
    lack of access in rural areas. Women were equally diagnosed and treated
    for sexually transmitted diseases, including HIV.
        Women continued to face societal discrimination. Despite the large
    body of legislation and regulations devoted to the protection of
    women's rights in marriage and in the workplace, as well as labor code
    provisions that call for preferential treatment of women, women did not
    always receive equal treatment.
        Although legislation provides for equal inheritance rights for men
    and women, in practice women faced cultural discrimination. A son was
    more likely to inherit property than a daughter, unless specified by a
    legal document. Labor laws prohibit gender-based preferential hiring
    for jobs, and while NGOs assumed that such discrimination occurred,
    allegations were hard to prove.
        The CPV-affiliated Women's Union and the Government's National
    Committee for the Advancement of Women (NCFAW) continued to promote
    women's rights, including political, economic, and legal equality, and
    protection from spousal abuse. The Women's Union also operated
    microcredit consumer finance programs and other programs to promote the
    advancement of women. The NCFAW continued implementing the Government's
    national strategy on the advancement of women. Key areas of this
    strategy focused on placing more women in senior ministry positions and
    in the National Assembly. The strategy also focused on increasing
    literacy rates, access to education, and health care.

        Children.--By law the Government considers anyone born to at least
    one Vietnamese citizen parent to be a citizen, although persons born to
    non-Vietnamese parents can also acquire citizenship under certain
    circumstances. Not all births were registered immediately, but this was
    sometimes the result of an uneducated populace. A birth certificate is
    required for public services, such as education and health care, and
    the choice by some parents, especially ethnic minorities, to not
    register their children affected the ability to enroll them in school
    and receive government-sponsored care.
        Education is compulsory, free, and universal through the age of 14;
    however, authorities did not always enforce the requirement, especially
    in rural areas, where government and family budgets for education were
    strained and children's contribution as agricultural laborers was
    valued.
        Anecdotal evidence suggested that child abuse and corporal
    punishment in schools was widespread. A study conducted by the UN and
    the General Statistics Office found that 25 percent of children were
    victims of child abuse as reported by their mothers during a study on
    domestic violence.
        Child prostitution, particularly of girls but also of boys, existed
    in major cities. Many prostitutes in Ho Chi Minh City were under 18
    years of age. Some minors entered into prostitution for economic
    reasons. The penal code, issued in 1999 and updated in 2009,
    criminalizes all acts of sale, fraudulent exchange, or control of
    children as well as all acts related to child prostitution and forced
    child labor. The 2009 penal code carries sentences ranging from three
    years' to life imprisonment and fines from VND five million to VND 50
    million ($256 to $2,564). Articles 254, 255, and 256 describe acts
    related to child prostitution, including harboring prostitution (12 to
    20 years' imprisonment), brokering prostitution (seven to 15 years'
    imprisonment), and buying sex with minors (three to 15 years'
    imprisonment). Similarly, the 1991 Law on Protection, Care, and
    Education of Children prohibits all acts of cruel treatment,
    humiliation, abduction, sale, and coercion of children into any
    activities harmful to their healthy development. The 2004 revised
    version has an additional chapter on protection and care of
    disadvantaged children.
        The minimum age of consensual sex is 18. Statutory rape is illegal
    under article 111 of the criminal code. Statutory rape can result in
    life imprisonment or capital punishment. Penalties for sex with minors
    between the ages of 16 and 18, dependent upon the circumstances, vary
    from five to 10 years in prison. The production, distribution,
    dissemination, or selling of child pornography is illegal under article
    253 of the criminal code and carries a sentence of three to 10 years'
    imprisonment.
        The Government's National Program of Action for Children for 2001-
    10 aimed to create the best conditions to meet demands and rights of
    every child, prevent and eliminate child abuse, and implement programs
    to prevent child trafficking, child prostitution, and child
    pornography. The Government also promulgated the Program on Prevention
    and Resolution of the Problems of Street Children, Sex-abused Children,
    and Children Being Overworked and Working in Poisonous and Dangerous
    Conditions for 2004-10. The program had separate projects for
    prevention of sexual child abuse; communication, advocacy, and capacity
    enhancement for program management; prevention of and support for
    street children; and prevention of hazardous and dangerous working
    conditions for children. Initial assessments indicated that these
    measures provided an important legal basis for children's matters and
    that most local governments, departments, and unions supported these
    efforts. A lack of funding and a clear understanding of
    responsibilities, along with unclear implementation guidance, hindered
    implementation in certain localities.
        According to the Ministry of Labor, Invalids, and Social Affairs
    (MOLISA), there were an estimated 23,000 street children, who were
    sometimes abused or harassed by police. MOLISA managed two centers to
    provide support for children in needy situations. Youth unions also
    launched awareness campaigns.
        The country is not a party to the 1980 Hague Convention on the
    Civil Aspects of International Child Abduction.

        Anti-Semitism.--There are small Jewish expatriate communities in
    Hanoi and Ho Chi Minh City, with a permanent Chabad-Lubavitch center in
    Ho Chi Minh City. There were no reports of anti-Semitic acts.

        Trafficking in Persons.--For information on trafficking in persons,
    please see the Department of State's annual Trafficking in Persons
    Report at www.state.gov/g/tip.

        Persons With Disabilities.--Articles 59 and 67 of the constitution
    provide for the protection of persons with disabilities. The Law on
    Disabled Persons prohibits discrimination against or maltreatment of
    persons with disabilities. The law also encourages the employment of
    persons with disabilities. In June the National Assembly enacted a
    national law providing for the rights of people with physical, sensory,
    intellectual, and mental disabilities. The new law requires equality
    for people with disabilities through accommodation, access to
    education, employment, health care, rehabilitation, transportation, and
    vocational training.
        The provision of services to persons with disabilities, although
    limited, improved during the year. The Ministry of Transportation
    continued to implement accessibility codes for public transportation
    facilities and trained transportation agency officials and students on
    use of the codes. Construction or major renovation of new government
    and large public buildings must include access for persons with
    disabilities. The Ministry of Construction maintained enforcement units
    in Hanoi, Ho Chi Minh City, Danang, Quang Nam, and Ninh Binh to enforce
    the barrier-free codes.
        Access to education for children with disabilities, including
    blindness, deafness, and mobility restrictions, was extremely limited.
    The law provides for preferential treatment for firms that recruit
    persons with disabilities and for fines on firms that do not meet
    minimum quotas that reserve 2 to 3 percent of their workforce for
    workers with disabilities; however, the Government enforced these
    provisions unevenly. Firms that have 51 percent of their employees with
    disabilities can qualify for special government-subsidized loans.
        The Government respected the political and civil rights of persons
    with disabilities. Under the election law, ballot boxes may be brought
    to the homes of individuals unable to go to a polling station.
        The Government supported the establishment of organizations aiding
    persons with disabilities. Such persons were consulted in the
    development or review of national programs, such as the national
    poverty reduction program, vocational laws, and various educational
    policies. The National Coordination Committee on Disabilities and its
    ministry members worked with domestic and foreign organizations to
    provide protection, support, physical access, education, and
    employment. The Government operated a small network of rehabilitation
    centers to provide long-term, inpatient physical therapy. Several
    provinces, government agencies, and universities had specific programs
    for those with disabilities.

        National/Racial/Ethnic Minorities.--Although the Government
    officially prohibits discrimination against ethnic minorities,
    longstanding societal discrimination against ethnic minorities
    persisted. Despite the country's significant economic growth, some
    ethnic minority communities benefited little from improved economic
    conditions. In certain areas, including the Northwest Highlands,
    Central Highlands, and portions of the Mekong Delta, ethnic minority
    groups made up the majority of the population.
        Some members of ethnic minority groups continued to leave for
    Cambodia and Thailand, reportedly to seek greater economic opportunity
    or shortcuts to immigration to other countries. Government officials
    monitored certain highland minorities closely, particularly several
    ethnic groups in the Central Highlands, where it continued to impose
    security measures because of concern that the religion they practiced
    encouraged ethnic minority separatism.
        The Government continued to impose security measures in the Central
    Highlands in response to concerns over possible ethnic minority
    separatist activity. There were reports that ethnic minority
    individuals who telephoned the ethnic minority community abroad were a
    special target of police attention. Several individuals connected to
    overseas separatist organizations were arrested, convicted, and
    sentenced to lengthy prison terms. During the period around sensitive
    occasions and holidays, an increased security presence was reported
    throughout the region. There were a few reports that members of ethnic
    minorities seeking to enter Cambodia were returned by Vietnamese police
    operating on both sides of the border, sometimes followed by police
    beatings and detentions.
        The Government continued to address the causes of ethnic minority
    discontent through special programs to improve education and health
    facilities and expand road access and electrification of rural
    communities and villages. The Government allocated land to ethnic
    minorities in the Central Highlands through a special program, but
    there were complaints that implementation of these special programs was
    uneven.
        The Government maintained a program to conduct classes in some
    local ethnic minority languages in elementary and secondary schools.
    The Government worked with local officials to develop local language
    curricula, but it appeared to implement this program more
    comprehensively in the Central Highlands and the Mekong Delta than in
    the mountainous northern and northwestern provinces. Ethnic minorities
    were not required to pay regular school fees, and the Government
    operated special schools for ethnic minorities in many provinces,
    including subsidized boarding schools at the middle- and high-school
    levels. The Government offered special admission and preparatory
    programs as well as scholarships and preferential admissions at the
    university level. There were also a few government-subsidized technical
    and vocational schools for ethnic minorities. Nonetheless, there were
    credible cases of discrimination against Christian ethnic minorities,
    although the law provides for universal education for children
    regardless of religion or ethnicity.
        The Government broadcast radio and television programs in ethnic
    minority languages in some areas. The Government also instructed
    ethnic-majority Kinh officials to learn the language of the locality in
    which they worked. Provincial governments continued initiatives
    designed to increase employment, reduce the income gap between ethnic
    minorities and ethnic Kinh, and make officials sensitive and receptive
    to ethnic minority culture and traditions.
        The Government granted preferential treatment to domestic and
    foreign companies that invested in highland areas, which are populated
    predominantly by ethnic minorities. The Government also maintained
    infrastructure development programs that targeted poor, largely ethnic
    minority areas and established agricultural extension programs for
    remote rural areas. The July and August visits of the UN independent
    expert on minority issues and the independent expert on human rights
    and extreme poverty focused on the need to facilitate bilingual
    education to improve the economic situation of minorities. Both experts
    visited majority minority areas, including the Northwest Highlands,
    Central Highlands, and portions of the Mekong Delta.

        Societal Abuses, Discrimination, and Acts of Violence Based on
    Sexual Orientation and Gender Identity.--A homosexual community exists
    but was largely underground. There are no laws that criminalize
    homosexual practices. There was no official discrimination in
    employment, housing, statelessness, or access to education or health
    care based on sexual orientation, but social stigma and discrimination
    was pervasive. Most homosexual persons chose not to tell family of
    their sexual orientation for fear of being disowned.
        There was growing public awareness of homosexuality and little
    evidence of direct official discrimination based on sexual orientation.
    In contradiction of the penal code, the chief judge of the Quang Binh
    Provincial People's Court in August refused to prosecute the gang rape
    of a transsexual, claiming the code did not address rape of
    transgendered individuals.

        Other Societal Violence or Discrimination.--There was no evidence
    of official discrimination against persons with HIV/AIDS, but societal
    discrimination against such persons existed. Individuals who tested
    positive for HIV reported latent social stigma and discrimination,
    although not in receiving medical treatment for their condition. The
    law states that employers cannot fire individuals for having HIV/AIDS
    and doctors cannot refuse to treat persons with HIV/AIDS. However,
    there were credible reports that persons with HIV/AIDS lost jobs or
    suffered from discrimination in the workplace or in finding housing,
    although such reports decreased. The Government reported approximately
    5,100 school age children with HIV/AIDS. In several cases HIV/AIDS-
    infected children or HIV/AIDS orphans were barred from schools due to
    pressure from other parents. With the assistance of foreign donors, the
    national government and provincial authorities took steps to treat,
    assist, and accommodate persons with HIV/AIDS and thereby decrease
    societal stigma and discrimination, but these measures were not
    consistently applied. Faith-based charities were sometimes permitted to
    provide HIV prevention and home-based care services to persons with or
    affected by HIV/AIDS.
    Section 7. Worker Rights

        a. The Right of Association.--The law does not allow workers to
    organize and join independent unions of their choice. While workers may
    chose whether or not to join a union and the level (local, provincial,
    or national) at which they wish to participate, every union must be
    affiliated with the country's only trade union, the Vietnam General
    Confederation of Labor (VGCL).
        The VGCL, a union umbrella organization controlled by the CPV,
    approves and manages a range of subsidiary labor unions organized
    according to location and industry. By law the provincial or
    metropolitan branch of the VGCL is responsible for organizing a union
    within six months of the establishment of any new enterprise, and
    management is required to cooperate with the union.
        According to VGCL statistics, in November its total membership was
    more than seven million, an estimated 15 percent of the total labor
    force. Of the VGCL members, 53 percent worked in the public sector and
    state-owned enterprises and 47 percent in the private sector.
    Approximately three million union members worked in the private sector,
    including in enterprises with foreign investment (nearly 1.4 million
    persons). The VGCL reported that more than 102,000 individual workplace
    unions existed, with approximately 75,000 unions in the public sector
    and state-owned enterprises and 31,000 unions in the private sector.
        The law does not allow for independent unions; however, a 2007
    revision states that the negotiation of disputes can be led and
    organized by ``relevant entities,'' which may be composed of worker
    representatives when the enterprise in question does not have a union.
    While the law allows for ``union activities,'' especially during
    emergencies such as a strike, the VGCL is required to establish an
    official union within six months. There was little evidence that
    leaders or organizations active during this six-month window continued
    to be active or recognized afterwards.
        There are mandatory union dues for union members of 1 percent of
    salary, and employers must contribute 2 percent of payroll. In foreign
    direct investment companies, employers are required to contribute 1
    percent of payroll. While these dues are intended to support workers
    and union activities, there was little transparency regarding their
    use. The vast majority of the workforce was not unionized and did not
    pay union dues, as almost 36 million of the country's 46.7 million
    total laborers worked in the informal sector and engaged in activities
    such as small-scale farming or worked in small private-sector
    companies.
        Union leaders influenced key decisions, such as amending labor
    legislation; developing social safety nets; and setting health, safety,
    and minimum wage standards.
        Strikes are illegal if they do not arise from a collective labor
    dispute or if they concern problems that are outside of labor
    relations. The law stipulates an extensive and cumbersome process of
    mediation and arbitration that must be followed before a strike may
    take place. Before a legal strike can be held, workers must take their
    claims through a process involving a conciliation council (or a
    district-level labor conciliator where no union is present); if no
    resolution is obtained, the claims must be submitted to a provincial
    arbitration council. Unions (or workers' representatives where no union
    is present) have the right either to appeal decisions of provincial
    arbitration councils to provincial people's courts or to go on strike.
    Individual workers may take cases directly to the people's court
    system, but in most cases they may do so only after conciliation has
    been attempted and has failed. The amendment also stipulates that
    workers on strike will not be paid wages while they are not at work.
        The labor code prohibits strikes in 54 occupational sectors and
    businesses that serve the public or that the Government considers
    essential to the national economy and defense. A decree defines these
    enterprises as those involved in electricity production; post and
    telecommunications; railway, maritime, and air transportation; banking;
    public works; and the oil and gas industry. The ``essential services''
    under this decree are defined much more broadly than in the
    International Labor Organization (ILO) criteria. The law also grants
    the prime minister the right to suspend a strike considered detrimental
    to the national economy or public safety.
        The VGCL reported 424 strikes throughout the year, with more than
    83 percent occurring in Ho Chi Minh City and surrounding provinces.
    This represented an increase compared with 310 strikes in 2009 but well
    below peak levels in 2008, when 762 strikes were recorded. The vast
    majority of strikes typically did not follow the authorized
    conciliation and arbitration process and thus were considered illegal
    ``wildcat'' strikes. During the year 85 percent of strikes occurred in
    foreign-invested companies, primarily those owned by Taiwanese or South
    Koreans.
        While wildcat strikes are illegal, the Government tolerated them
    and took no action against the strikers. The law prohibits retribution
    against strikers, and there were no reports of retribution. In some
    cases the Government disciplined employers for the illegal practices
    that led to strikes, especially with foreign-owned companies. By law
    individuals participating in strikes declared illegal by a people's
    court and found to have caused damage to their employer are liable for
    damages.

        b. The Right to Organize and Bargain Collectively.--The law
    provides VGCL-affiliated unions the right to bargain collectively on
    behalf of workers; the law was generally enforced, although VGCL-
    affiliated unions were not independent. Collective labor disputes over
    rights must be routed through a conciliation council and, if the
    council cannot resolve the matter, to the chairperson of the district-
    level people's committee. The law stipulates an extensive and
    cumbersome process of mediation and arbitration that must be followed
    before a strike may take place.
        There are no special laws or exemptions from regular labor laws in
    export processing zones and industrial zones. A May 2009 government
    circular tasks zone boards with responsibility for monitoring labor law
    compliance within their zones. There was no evidence that labor
    inspection quality or frequency differed within the zones. However,
    there were credible reports that employers, both in and outside the
    zones, tended to use short-term or probationary contracts to avoid
    certain legally mandated worker benefits such as unemployment insurance
    or to inhibit workers from joining trade unions.

        c. Prohibition of Forced or Compulsory Labor.--The law prohibits
    forced and compulsory labor, including by children; however, there were
    reports that such practices occurred. Prisoners routinely were required
    to work for little or no pay under administrative and legislative
    regulations. They produced food and other goods used directly in
    prisons or sold on local markets, reportedly to purchase items for
    their personal use. There was anecdotal evidence and press reports of
    forced labor by children in small privately owned garment factories and
    gold mines and by ethnic minority adults on coffee plantations in the
    Central Highlands.
        Also see the Department of State's annual Trafficking in Persons
    Report at www.state.gov/g/tip.

        d. Prohibition of Child Labor and Minimum Age for Employment.--The
    law prohibits most child labor but allows exceptions for certain types
    of work. However, child labor remained a problem, particularly in rural
    areas, where two-thirds of the population resided. The law sets the
    minimum age for employment at 18, but enterprises may hire children
    between 15 and 18 if the firm obtains permission from parents and
    MOLISA. A 2006 ILO analysis of the country's household surveys showed
    that 6.7 percent, or 930,000, of children between the ages of six and
    17 participated in some economic activity, usually on family farms or
    in family businesses not within the scope of the law.
        By law an employer must ensure that workers under 18 do not
    undertake hazardous work or work that would harm their physical or
    mental development. Prohibited occupations are specified in the law.
    The law permits children to register at trade training centers, a form
    of vocational training, from the age of 13. Children may work a maximum
    of seven hours per day and 42 hours per week and must receive special
    health care. A 2008 MOLISA survey reported that there were more than
    25,000 children working in conditions considered hazardous, but some
    observers questioned the accuracy of this number.
        In rural areas children worked primarily on family farms and in
    other agricultural activities and household responsibilities. In some
    cases they began work as young as age six and were expected to do the
    work of adults by the time they were 15. Especially during harvest and
    planting seasons, some parents did not permit children to attend
    school. Migration from rural to urban settings exacerbated the child
    labor problem, because unauthorized migrants were unable to register
    their households in urban areas. Consequently, their children could not
    attend public schools, and families had less access to credit.
    Officials stated that juveniles in education and nourishment centers,
    which functioned much as reform schools or juvenile detention centers,
    were commonly assigned work for ``educational purposes.''
        In urban areas children worked in family-owned small businesses or
    on the street shining shoes or selling articles such as lottery tickets
    and newspapers. One shelter reported that children as young as nine
    years were lured into Ho Chi Minh City to sell lottery tickets. Child
    labor was also increasingly common in small urban factories. Labor
    officials in Ho Chi Minh City declared that 62 of 173 production units
    they inspected in 2009 used illegal child labor. During the year city
    labor officials reported 558 documented child laborers, but
    international organizations estimated that there were between 2,500 and
    5,000 child laborers under age 14. Most were employed in garment or
    mechanic workshops in Binh Tan, Tan Phu, and Binh Chanh districts.
    Government inspectors reported that more than 96 percent of child
    workers were employed without official documentation and that 75
    percent were from the central coast and Mekong Delta provinces. A 2009
    ILO study also found evidence of child labor in family or small
    informal businesses such as brick-making, stone and wood carvings, and
    rubber sap collection; however, the survey authors refrained from
    drawing nationwide conclusions based on these limited data.
        MOLISA is responsible for enforcing child labor laws and policies.
    Government officials may fine and, in cases of criminal code
    violations, prosecute employers who violate child labor laws. While the
    Government committed insufficient resources to enforce effectively laws
    providing for children's safety, especially for children working in
    mines and as domestic servants, it detected some cases of child
    exploitation, removed the children from the exploitive situations, and
    fined the employers.
        The Government also continued programs to eliminate persistent
    child labor, with a particular focus on needy families and orphans, and
    in March launched a joint project with the ILO to eliminate the worst
    forms of child labor.
        Also see the Department of State's annual Trafficking in Persons
    Report at www.state.gov/g/tip.

        e. Acceptable Conditions of Work.--The law requires the Government
    to set a minimum wage, which is adjusted for inflation and other
    economic changes. The official monthly minimum wage for unskilled
    laborers at foreign-investment joint ventures and foreign and
    international organizations was between VND 1.19 million ($61) and 1.34
    million VND ($69) in urban areas and approximately VND 1 million ($53)
    in rural areas. For employees working for the state sector or domestic-
    owned private-sector companies, on farms, or in family households, the
    official minimum wage was between VND 730,000 ($37) and VND 980,000
    ($50), based on the region. While this was above the poverty line set
    by the Government, many considered this amount inadequate to provide a
    worker and family a decent standard of living.
        The Government set the workweek for government employees and
    employees of companies in the state sector at 40 hours, and it
    encouraged the private business sector and foreign and international
    organizations that employed local workers to reduce the number of hours
    in the workweek to 40 hours but did not make compliance mandatory.
        The law sets normal working hours at eight hours per day, with a
    mandatory 24-hour break each week. Additional hours require overtime
    pay at one and one-half times the regular wage, two times the regular
    wage for weekdays off, and three times the regular wage for holidays
    and paid leave days. The law limits compulsory overtime to four hours
    per week and 200 hours per year but provides for an exception in
    special cases, where this maximum can be up to 300 overtime hours
    worked annually, subject to stipulation by the Government after
    consulting with VGCL and employer representatives. The law also
    prescribes annual leave with full pay for various types of work. It was
    unclear how strictly the Government enforced these provisions. There
    were credible reports that factories exceeded the legal overtime
    thresholds and did not meet legal requirements for rest days.
        By law a female employee who is engaged to be married, pregnant, on
    maternity leave, or caring for a child under one year of age cannot be
    dismissed unless the enterprise closes. Female employees who are at
    least seven months' pregnant or are caring for a child under one year
    of age cannot be compelled to work overtime, at night, or in locations
    distant from their homes. It was not clear how well the law was
    enforced.
        The law requires the Government to promulgate rules and regulations
    that provide for worker safety. MOLISA, in coordination with local
    people's committees and labor unions, is charged with enforcing the
    regulations, but enforcement was inadequate for many reasons, including
    low funding and a shortage of trained enforcement personnel. The VGCL
    asserted that authorities did not always prosecute violations. MOLISA
    acknowledged shortcomings in its labor inspection system, emphasizing
    that the country had an insufficient number of labor inspectors. The
    VGCL stated, and MOLISA acknowledged, that low fines on firms for labor
    violations failed to act as an effective deterrent against violations.
    During the year a government decree increased fines on employers who
    failed to pay mandated social insurance premiums on behalf of
    employees. MOLISA stated these increased fines were still too low to
    deter violations. On-the-job injuries due to poor health and safety
    conditions and inadequate employee training in the workplace were a
    problem, but the number of reported workplace fatalities decreased from
    550 in 2009 to 287 in the first 10 months of the year. Machinery, such
    as rolling mills and presses, caused the greatest number of
    occupational injuries.
        According to a 2008 survey by MOLISA on working conditions in small
    and medium-sized enterprises, up to 80 percent did not meet minimal
    work safety requirements, 8 percent had working conditions described as
    considerably poor, and 90 percent used obsolete machines and equipment.
    Employees typically worked in hazardous working environments--31
    percent worked in very hot conditions, 24 percent in excessively noisy
    conditions, and 17 percent in places with high levels of dust.
        The law provides that workers may remove themselves from hazardous
    conditions without risking loss of employment; however, it was unclear
    how well this was enforced. MOLISA stated that there were no worker
    complaints of employers failing to abide by the law.

                                   __________

                               EUROPE AND EURASIA

                                  ----------

                                    ALBANIA

        The Republic of Albania is a parliamentary democracy with a
    population of approximately three million. The constitution vests
    legislative authority in the unicameral Assembly (parliament), which
    elects both the prime minister and the president. The prime minister
    heads the Government, while the president has limited executive power.
    In June 2009 the country held parliamentary elections, which the
    Organization for Security and Cooperation in Europe (OSCE) Office for
    Democratic Institutions and Human Rights (ODIHR) described as marking
    progress over past elections, but not fully realizing OSCE commitments.
    While the opposition Socialist Party (SP) voted to certify the
    elections as legal and final, it began a boycott of the parliament in
    September 2009, calling for an investigation into alleged electoral
    fraud. The boycott continued at year's end. Security forces reported to
    civilian authorities.
        There were reports that police severely beat and mistreated
    suspects during interrogation and detention. Some cases of physical
    mistreatment were reported in prisons. Police corruption and impunity
    persisted. Government corruption remained a serious and unresolved
    problem. Discrimination against women, children, homosexual persons,
    and minorities were problems. Trafficking in persons also 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. The killings of two political figures--Socialist
    Party Member of Parliament Fatmir Xhindi and a Christian Democrat
    leader, Alex Keka--were under investigation and remained unresolved at
    year's end.
        On December 12, the Parliamentary Assembly of the Council of Europe
    (COE) released COE rapporteur Dick Marty's report on allegations
    concerning inhuman treatment of persons and illicit trafficking in
    human organs. The report stated that, from July 1999 to mid-2000,
    elements of the Kosovo Liberation Army (KLA) and affiliates held scores
    of ``disappeared'' persons at temporary locations at Bicaq, Burrel,
    Rripe, and Fushe-Kruje. The report alleged that some of these persons
    had their kidneys extracted for use by an international organ-
    trafficking ring. The report alleged that most of those held--ethnic
    Albanians and Serbs whom the KLA believed to be collaborators--were
    presumed to have been killed. According to the report, first-hand
    sources credibly implicated five members of the ``Drenica Group''
    within the KLA in having ordered, and in some cases personally
    overseen, killings, detentions, beatings, and interrogations in the
    context of KLA-led operations on the territory of Albania between 1998
    and 2000. The report also stated that the head of the Drenica Group,
    Kosovo Prime Minister Hasim Thaqi, operated with the ``support and
    complicity'' of Albania's government, secret service, and the mafia.
    Albanian authorities denounced the content of the report but pledged
    their cooperation with any investigation.
        The UN Interim Administration Mission in Kosovo (UNMIK) and
    International Criminal Tribunal for the Former Yugoslavia (ICTY) whose
    mandates did not extend into Albania, previously investigated the
    allegations of organ harvesting contained in the Marty report and
    concluded that there was insufficient evidence to pursue a criminal
    case.
        The EU Rule of Law Mission in Kosovo (EULEX) War Crimes Unit
    maintained an open but inactive investigation into the organ
    trafficking allegations. The EULEX War Crimes Unit stated that it
    possessed no evidence related to these allegations and called on the
    COE and other parties to share whatever evidence they may have
    obtained. Following the release of the COE report, EULEX indicated that
    it lacked jurisdiction to investigate alleged crimes committed on the
    territory of Albania. However the Government publicly expressed its
    willingness to cooperate with an investigation of these alleged crimes.
        During the year there were continuing reports of societal killings,
    including both generational ``blood feud'' and revenge killings. Such
    killings sometimes involved criminal gangs. According to the Interior
    Ministry, there were five blood feud-related killings during the year.
    However, NGOs reported 55 blood feud-related killings during the year.
    According to NGOs, fear of blood feud reprisals effectively imprisoned
    approximately 1,490 families their homes. The Court of Serious Crimes
    tried blood feud cases. The law punishes premeditated murder, when
    committed for revenge or a blood feud, with 20 years' or life
    imprisonment.

        b. Disappearance.--There were no reports of politically motivated
    disappearances.
        Albanian prosecutors believed that they had traced Ilir Kumbaro, on
    trial with three of his National Intelligence Service (SHISH)
    colleagues for the 1995 kidnapping and torture of Remzi Hoxha and two
    other citizens, to the United Kingdom, where he was allegedly living
    under an assumed name and had applied for asylum. The prosecutor
    requested extradition. The trial and the extradition request were
    pending at year's end.

        c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
    Punishment.--The constitution and law prohibit such actions; however,
    police and prison guards sometimes beat and abused suspects and
    detainees.
        During the year the Government continued to implement
    recommendations resulting from the Council of Europe's Committee for
    the Prevention of Torture (CPT) 2008 visit to the country's prisons and
    detention centers. In its report on the visit, the CPT noted credible
    allegations of physical mistreatment, at times severe, mostly during
    police questioning.
        The December 12 COE report on inhuman treatment of persons and
    illicit trafficking in human organs (see section 1.a.) alleged that, in
    1998 to June 1999, the KLA with the cooperation of SHIK, detained
    ``prisoners of war'' from Kosovo at locations it Durres, Cahan, and
    Kukes, where they were held in makeshift cellblocks, left in insanitary
    conditions without food and water, and were visited periodically by KLA
    soldiers to be questioned under harsh treatment, or indiscriminately
    beaten.
        The Albanian Helsinki Committee (AHC) and the Albanian Human Rights
    Group (AHRG) reported that police sometimes used excessive force or
    inhuman treatment. During the year the AHC reported that it received 10
    complaints of mistreatment by police and prison staff. The majority of
    these complaints concerned unjustified stops by police, detention past
    legal deadlines, failure to make citizens aware of their rights when
    detained, and poor conditions of detention centers. The AHC reported
    that conditions and treatment while in police custody are more
    problematic than in the prison system. According to the AHRG, police
    more often mistreated suspects at the time of arrest or initial
    detention. Roma, Balkan-Egyptians, and persons engaging in homosexual
    conduct were particularly vulnerable to police abuse.
        Police sometimes used threats and violence to extract confessions.

        Prison and Detention Center Conditions.--The Ministry of Justice
    operated all detention facilities, while the Ministry of Interior
    oversaw police detention facilities.
        Prison conditions varied widely between prison facilities dating
    from the communist period and those opened after 1991. In the
    facilities dating from the communist period, concerns existed about
    adequate provisions for sanitation, ventilation, lighting, health care,
    and access to potable water. The Government was taking steps to address
    these needs and slowly phase out the older facilities. Establishments
    opened after 1991 generally met international standards. Changes in the
    law establishing a probation system, usage of alternative sentencing
    guidelines, and the construction of new prisons decreased overcrowding.
    The Albanian Helsinki Committee (AHC) reported during the year that
    there was a general alleviation of prison overcrowding, largely due to
    probationary services. Prisons have obtained modernized medical
    equipment and additional medical staff and supplies. However, access to
    medical care was not always available. During the year the AHC found
    that infrastructure conditions in some of the police detention
    facilities were very troubling.
        Prisoners and detainees have the right to meet relatives and
    meetings can occur up to four times per month for adults and up to
    eight times for juveniles. Prisoners and detainees are free to exercise
    their religion and some facilities have special places for religious
    services.
        Prisoners and detainees are permitted to submit complaints to the
    ombudsman. Every penal installation has a mailbox in which prisoners
    and detainees are entitled to submit complaints without censorship. The
    ombudsman reported that this service was functional. Prisoners and
    detainees are also entitled under the law to submit complaints to
    judicial and administrative authorities.
        Authorities investigated credible allegations of inhumane
    conditions and documented the results of such investigations, although
    the results were not always easily accessible to the general public.
    According to the Government, in 2009 the Government carried out over
    350 inspections and investigations.
        The Government allowed local and international human rights groups,
    the media, and others to monitor prison conditions. The law provides
    for an ombudsman to implement the National Mechanism for Torture
    Prevention. The ombudsman also monitored prison conditions and acted on
    prisoner complaints. The ombudsman found that several facilities lacked
    the appropriate infrastructure and found instances of overcrowding. The
    ombudsman investigated allegations of corruption within the prison
    system and found corruption to be a serious problem. However, the
    ombudsman's term in office ended in March, and the parliament was
    unable to appoint a new ombudsman, leaving a gap which hindered the
    functioning of this office.
        During the year there were no reports that authorities held minors
    together with adults. In October 2009 the Government opened the
    Juvenile Institute in Kavaje, which serves as a rehabilitation,
    correctional, and consultation center for juveniles.
        In 2009 authorities initiated 361 disciplinary proceedings against
    prison guards and officials.

        d. Arbitrary Arrest or Detention.--The constitution and law
    prohibit arbitrary arrest and detention; however, there were some
    reports that police occasionally arbitrarily arrested and detained
    persons.

        Role of the Police and Security Apparatus.--Local police units
    report to the Ministry of Interior and are the main force responsible
    for internal security.
        Despite improvements in law enforcement training and management,
    police did not consistently respect the human rights of citizens during
    the performance of their duty and were not fully accountable to the
    rule of law. In some instances, police impunity was a problem. Police
    officers did not enforce the law equally and an individual's political
    or criminal connections often influenced enforcement of laws. Low
    salaries contributed to continued corruption and unprofessional
    behavior which remained impediments to the development of an effective
    civilian police force.
        During the year the ombudsman processed and completed complaints
    against police officers mainly on arrest and detention problems; the
    ombudsman resolved nearly one third in favor of the complaining
    citizen.

        Arrest Procedures and Treatment While in Detention.--The
    constitution requires that authorities inform detained persons
    immediately of the charges against them and of their rights. Police
    sometimes failed to inform citizens of their rights at the time of
    arrest. Under the law, police must immediately inform the prosecutor of
    an arrest. The prosecutor may release the suspect or petition the court
    within 48 hours to hold the individual further. A court must decide
    within 48 hours whether to place a suspect in detention, require bail,
    prohibit travel, or require the defendant to report regularly to the
    police. In practice prosecutors requested and courts routinely ordered
    detention in many criminal cases. However, courts routinely denied
    prosecutors' requests for detention for well-connected, high-profile
    defendants. In many cases house arrest was granted and not enforced
    consistently; time spent under house arrest accrued toward prison time
    if a defendant was convicted.
        Courts must provide indigent defendants with free legal counsel.
    According to the AHC, police officers often failed to inform defendants
    of this right, and there were complaints by detainees that authorities
    did not provide them with defense counsel from the outset of their
    detention. The AHC and several NGOs offered free legal advice and
    advocacy services to indigent persons.
        The law requires completion of most pretrial investigations within
    three months; however, a prosecutor may extend this period to two years
    or longer. The law provides that the maximum pretrial detention should
    not exceed three years; there were no reports that authorities violated
    this limit during the year. However, lengthy pretrial detentions often
    occurred due to delayed investigations, defense mistakes, or the
    intentional failure of defense counsel to appear. For example, in the
    2008 Gerdec case involving the explosion of a former military
    ammunition demilitarization facility resulting in 26 deaths. During the
    year the hearings were postponed 77 times, due in many cases to the
    failure of defense attorneys to appear or due to the absence of a
    member of the court. Under the law, a judge cannot hold an attorney in
    contempt of court to prevent these actions by attorneys.
        Limited material resources, lack of space, poor court calendar
    management, insufficient staff, and failure of attorneys and witnesses
    to appear prevented the court system from adjudicating cases in a
    timely fashion.

        e. Denial of Fair Public Trial.--The constitution provides for an
    independent judiciary; however, political pressure, intimidation,
    widespread corruption, and limited resources sometimes prevented the
    judiciary from functioning independently and efficiently. The
    politicization of appointments to the High and Constitutional Courts
    threaten to undermine the independence and integrity of these courts.

        Trial Procedures.--The law provides for the right to a fair trial
    with defendants presumed innocent until convicted. The court system
    does not provide for jury trials. Prosecutors and defense lawyers
    present cases to a judge or panel of judges, and defendants have the
    right to access all evidence that prosecutors present to the judges,
    can question witnesses against them, and present witnesses and
    evidence. Defendants have the right to appeal. The law mandates an
    alternative sentencing system for juveniles.

        Political Prisoners and Detainees.--There were no reports of
    political prisoners or detainees; however, former political prisoners
    under the communist government complained that they had either not
    received the compensation due them under the law or that payments were
    coming too slowly.

        Regional Human Rights Courts Decisions.--During the year the
    European Court of Human Rights (ECHR) delivered eight judgments
    concerning the country. These cases largely concerned the right to a
    fair trial within a reasonable time, the right to an effective remedy,
    and the right to peaceful enjoyment of possessions. As of September
    there were 287 cases pending before the ECHR regarding Albania.

        Civil Judicial Procedures and Remedies.--There is a functional
    civil law system where citizens have access to redress; however, it was
    susceptible to corruption, inefficiency, and political tampering. These
    factors undermine the judiciary's authority, contribute to
    controversial court decisions, and lead to an inconsistent application
    of civil law. The Bailiff's Office is responsible for enforcing civil
    judgments. The law allows private bailiffs to enforce judgments,
    facilitating both private and public entities to help enforce rulings.
    However, complete and timely enforcement of court decisions remained
    elusive.

        Property Restitution.--The laws governing restitution or
    compensation for private and religious property confiscated during the
    communist era are complex, and a large number of cases involving
    conflicting claims by new owners and the state (on one side) and former
    owners (on the other) remained unresolved. There was no update to the
    September 2008 European Parliament briefing paper on property
    restitution in the country which noted that the first round of
    judgments of the ECHR had found ``serious deficiencies'' in the
    administrative and judicial system of the country with respect to
    property restitution and compensation of former owners. The judiciary
    has serious problems with independence, transparency, and
    accountability.
        As in previous years, the Government did not provide restitution or
    compensation to religious organizations for religious properties and
    objects that the former communist government confiscated or damaged.

        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 respected
    many of these rights in practice, however: there were reports that the
    Government and businesses influenced and pressured the media.
        Individuals could freely criticize the Government publicly or
    privately without reprisal, although there were some exceptions. Some
    media outlets reported they experienced selective tax inspections due
    to their editorial point of view. Two dailies (Tema and Korrieri)
    closed in the spring after receiving fines of 20 million leks and 22
    million leks respectively ($200,000 and $220,000). The dailies stated
    that the Government imposed the fines due to their lack of
    documentation showing they had destroyed unsold copies. Tema stated
    that inspections went as far back as 2005. Tema appealed the fine with
    the Ministry of Finance and the case was ongoing. In October Tema
    resumed publication after a reorganization.
        The media were active and largely unrestrained, however; there were
    cases of direct and indirect political pressure on the media, including
    threats against journalists. At times political pressure and lack of
    funding constrained the independent print media, and journalists
    reported that they practiced extensive self-censorship. Political
    parties, trade unions, and other groups published newspapers or
    magazines independent of government influence.
        The public Albanian Radio and Television operated a national
    television channel and a national radio station and, by law, receives
    50 percent of its budget from the Government. The station remained
    under government control in its editorial line. While private stations
    generally operated free of direct government influence, most owners
    believed that the content of their broadcasts could influence
    government action toward their other businesses. Business owners also
    freely used media outlets to gain favor and promote their interests
    with both major parties.
        The investigative role of the media continued during the year.
    Leading broadcaster Top Channel's popular investigative satirical show,
    Fiks Fare, led to dismissals and criminal cases against corrupt public
    officials. In 2009 hidden camera footage led to the dismissal of
    former-minister of culture, youth, and sports Ylli Pango who was
    accused of sexual misconduct. On June 18, the Tirana District Court
    heard Pango's lawsuit and decided to fine the broadcaster 51 million
    leks ($500,000) for ``harming the ex-minister's moral stature and
    causing anxiety and grief.'' The station appealed the ruling, and the
    case was pending at year's end.
        In March the appellate court remanded the modified 2006 Council of
    Ministers decision to break its 20-year lease of space to Top Channel,
    a private television station that was sometimes critical of the
    Government, and order the station to vacate the state-owned office
    building in which it was located. The council agreed to allow Top
    Channel to move to another state-owned property. Despite this order,
    the station claimed that tenants in the new property did not allow Top
    Channel to move in and carry out its work. In March the Appeals Court
    returned the case for readjudication to the Tirana District Court. The
    case was ongoing at year's end.
        The law punishes libel with a prison sentence of up to two years
    and a fine. During the year there were no libel suits against
    reporters. However, two media outlets, Vision Plus and Shekulli, filed
    libel suits against the prime minister in December for prejudicial
    public statements that he allegedly made against them in parliament.
    The High Court ruled in May and June on the lawsuits, citing that
    ``there were no elements of the criminal offences of insult and
    defamation because the damaged parties could not prove the charges.''
        Various forms of media intimidation continued. Journalists
    continued to complain that publishers and editors censored their work,
    either directly or indirectly in response to political and commercial
    pressures. Many journalists complained that their lack of employment
    contracts frequently hindered their ability to report objectively.
        On November 14, a Gjirokaster correspondent of the daily Panorama
    newspaper was reportedly assaulted by two persons. The assailants
    reportedly told the reporter to stop writing in the newspaper. Before
    the assault, the reporter had printed an interview with an unnamed
    woman who reportedly worked in drug plantations in Lazarat. The
    reporter filed a criminal suit with the Prosecutor's Office. The case
    was ongoing at year's end.
        In December businessman Rezart Taci, who was accused of assaulting
    journalist Mero Baze in November 2009 for Baze's reporting on alleged
    corruption in the privatization of ARMO, the country's state-owned oil
    refinery, was acquitted. His two bodyguards were each fined 350,000
    leks ($3,500).

        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.
    Access to the Internet increased rapidly during the year but remained
    limited, particularly outside major urban areas. According to
    International Telecommunication Union statistics for the year,
    approximately 36 percent of the country's inhabitants used the Internet
    compared to 20.6 percent in 2009. Of those an estimated 80 percent were
    Internet users through mobile phones.
        The law provides that the Office of the Commissioner for Data
    Protection to handle complaints regarding the abuse or misuse of
    personal information in the Internet. During the year there were no
    reports that the Government attempted to collect identifiable
    information on a person in connection with that person's peaceful
    expression of political, religious, or ideological opinion.

        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 freedoms of assembly
    and association, and the Government generally respected these rights in
    practice.
        The law requires the organizers of gatherings in public places to
    notify police three days in advance; there were no reports that police
    arbitrarily denied such gatherings.

        Freedom of Association.--The constitution provides for freedom of
    association and the Government generally respected it in practice. The
    law prohibits the formation of any political party or organization that
    is nontransparent or secretive; there were no reports that the
    Government used this provision against any group during the year.

        c. Freedom of Religion.--For a complete description of religious
    freedom, please see the 2010 International Religious Freedom Report at
    www.state.gov/g/drl/irf/rpt

        d. Freedom of Movement, Internally Displaced Persons, Protection of
    Refugees, and Stateless Persons.--The constitution and law provide for
    freedom of movement within the country, foreign travel, emigration, and
    repatriation, and the Government generally respected these rights in
    practice. The Government cooperated with the Office of the UN High
    Commissioner for Refugees (UNHCR) and other humanitarian organizations
    in providing protection and assistance to internally displaced persons,
    refugees, returning refugees, asylum seekers, stateless persons, and
    other persons of concern.
        Internal migrants must transfer their civil registration to their
    new community of residence to receive government services and must
    prove they are legally domiciled through property ownership, a property
    rental agreement, or utility bills. Many persons could not provide this
    proof and thus lacked access to essential services. Other citizens
    lacked formal registration in the communities in which they resided,
    particularly Roma and Balkan-Egyptians. The law does not prohibit their
    registration, but it was often difficult in practice to complete.
        The law prohibits forced exile, and the Government did not employ
    it.

        Protection of Refugees.--The country's laws provide for the
    granting of asylum or refugee status, 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 on account of their race, religion,
    nationality, membership in a particular social group, or political
    opinion. Under the law, there is no time limit for requesting asylum,
    but the Government must make the decision regarding granting asylum
    within 101 days of the initial request. The Government generally
    complied with this time frame. The Government actively cooperated with
    the UNHCR and the Refugee and Migrants Services Albania, which provided
    assistance to refugees.
        The Government provided temporary protection to refugees and
    provided it to 99 persons during the year.
        In cooperation with international organizations, the Government,
    through the EU's Community Assistance for Reconstruction, Development,
    and Stabilization program, prescreened undocumented migrants at all
    border crossing points. Under the program, an NGO and government team
    assisted border police in identifying undocumented migrants who were
    potential victims of trafficking, asylum-seekers, or economic migrants.
    Section 3. Respect for Political Rights: The Right of Citizens to
            Change Their Government
        The constitution and law provide citizens the right to change their
    government peacefully, and citizens exercised this right in practice
    through periodic elections based on universal suffrage.

        Elections and Political Participation.--In June 2009 the country
    held parliamentary elections that the OSCE ODIHR election observation
    mission stated met most OSCE commitments but nevertheless ``did not
    fully realize the country's potential to adhere to the highest
    standards for democratic elections.'' The observation mission
    specifically cited problems in administrative procedures with the vote
    count, ``a highly polarized environment,'' biased media coverage, and
    procedural violations, such as proxy voting. ODIHR observers assessed
    voting positively in 92 percent of voting centers.
        The process through which political parties name electoral
    commissioners remains opaque. According to the law, political parties
    should name electoral commissioners 45 to 90 days prior to the election
    depending on their role. However, political parties did not always
    follow the law in practice. As a result, political parties often
    changed commissioners, or did not name them until shortly before
    elections, preventing them from receiving the training required to
    execute their duties effectively. Electoral commissioners were also
    susceptible to interference from political parties.
        At year's end the political impasse that followed the June 2009
    election continued. The SP, despite having certified the electoral
    results, boycotted parliament, called for investigations into alleged
    electoral fraud, and blocked key legislation requiring a parliamentary
    super majority, including the establishment of an administrative courts
    system. The parliament's work has been obstructed by the ongoing
    political impasse and neither the SP nor the Government has shown a
    readiness to compromise and end the deadlock. As a result, the
    parliament was not fully functioning during the year, and the
    parliament approved almost no major legislative proposals.
        Political parties operated without restriction or outside
    interference. The country has two major political parties, the
    Democratic Party (DP) and the SP and many smaller parties. In the June
    2009 elections, 34 parties campaigned freely throughout the country.
    Political party financing was largely opaque.
        Overall, women were poorly represented at the national and local
    levels of government, despite commitments by the major political
    parties to increase their representation. After the June 2009
    elections, there were 23 women in the 140-seat parliament, an increase
    from nine in the previous parliament. These included the speaker and
    one woman in the Council of Ministers.
        The law mandates that women fill 30 percent of appointed and
    elected positions, and the electoral code provides that 30 percent of
    candidates should be women. However, not all parties followed the
    electoral code, and many placed women's names in low spots on the
    ballot, virtually assuring that they would not win a seat in the
    parliament under the country's regional proportional parliamentary
    system in which votes are allocated to candidates in order of their
    appearance on the ballot.
        Several members of the Greek minority served in parliament and in
    the executive branch in ministerial and subministerial positions,
    including as the minister of labor.
    Section 4. Official Corruption and Government Transparency
        The law provides criminal penalties for official corruption;
    however, despite several arrests of high-level local and central
    government officials, government corruption remained a major obstacle
    to meaningful reform. World Bank governance indices for 2009 indicated
    that corruption was a serious problem According to a corruption survey
    released during the year, 91.8 percent of respondents think that
    corruption among public officials was either ``widespread'' or
    ``somewhat widespread.'' Respondents to the survey stated that customs
    and tax officials, as well as doctors, were the most corrupt
    institutions and groups.
        The Government prosecuted corrupt officials and managed complaints
    regarding corrupt police through the ombudsman and the Internal Control
    Service of the Albanian State Police. However, broad immunity
    provisions for judges, members of parliament, and other high level
    officials hindered the Government's ability to prosecute high-level
    corruption. Immunity can only be lifted by parliament or by a High
    Council of Justice decision. The Government's anticorruption task force
    against organized crime coordinated anticorruption activities. The
    prime minister headed the task force that included several ministers
    and heads of independent state-owned agencies, such as the public
    electricity company and representatives of the police and intelligence
    organizations.
        The law prohibits government ministers and their close family
    members from owning a company directly tied to their official
    responsibilities. Since its inception in 2003, the High Inspectorate
    for the Declaration and Audit of Assets (HIDAA) received assets
    declarations from officials. HIDAA is charged with the implementation
    of the asset declaration law and the conflict of interest law. Each
    year HIDAA collects nearly 4,000 asset declaration forms from
    politicians, public servants, and the judiciary. HIDAA selected 4
    percent randomly for a full administrative investigation. HIDAA also
    investigated cases that the media, civil society, or others referred to
    it. HIDAA's mandate is limited in that it conducts administrative
    investigations and refers cases to prosecutors for additional
    investigation. During the year HIDAA sent 14 cases to prosecutors for
    further investigation and facilitated the resolution of 197 conflict of
    interest cases. During the year there were new officials who declared
    their assets for the first time. HIDAA administers conflict of interest
    regulations; during the year it fined individuals for delaying their
    submissions and fined 29 for conflict of interest. During the year the
    Ministry of Interior reported that the state police investigated 1,931
    cases related to corruption and financial crimes, and authorities
    arrested 359persons. The Government confiscated approximately 835
    million leks ($8 million) in assets. According to the Ministry of
    Interior, police dismantled organized criminal groups during the year.
    However, organized crime remained a serious problem.
        The Joint Investigative Units to Fight Economic Crime and
    Corruption (JIU) are multiagency units which investigated and
    prosecuted public corruption and other financial crimes. There are
    seven JIUs, one in Tirana and six others throughout the country, which
    investigate corruption and other financial crimes. Citizens referred
    two judges, whom officials had asked for bribes in return for favorable
    rulings. The JIUs also charged two prosecutors with corruption for
    accepting bribes related to criminal cases. All of these cases were
    pending at year's end.
        The JIUs were composed of police staff from the prosecutor's
    offices, the state police, customs and tax police, and other relevant
    institutions. The JIUs used a team structure to concentrate capacity
    and foster communication necessary for effective investigations and
    prosecutions. The JIUs received direct referrals from citizens.
        The JIUs continued to bring cases in numerous sectors rife with
    corruption. In the medical field, officials charged surgeons,
    anesthesiologists, and other medical personnel with corruption for
    demanding payment to provide what should have been free government
    services. Officials arrested traffic police officers in several major
    cities on charges of corruption and abuse of office for accepting
    bribes in lieu of traffic fines. Prosecutors charged customs officers
    and businessmen with corruption and smuggling for allowing trucks to
    cross the border without paying customs duties.
        After an eight-month investigation into corruption in the
    importation of fuel, on June 3, authorities arrested the director and
    two inspectors from the Fuel Inspection Directorate in the Ministry of
    Economy for taking $100,000 in bribes ($10,000 per ship cleared) over
    an eight-month period from a fuel importer in exchange for issuing
    false technical inspection permits and customs clearances.
        In early 2009 the trial of several former government officials,
    including the former head of the Property Restitution Commission and
    his lawyer on charges of corruption, abuse of office, and falsification
    of documents. Prosecutors alleged that the two orchestrated a scheme to
    transfer 135 acres of prime coastal land to a family that had never
    owned or claimed to own the land. Due to many delays, including the
    absence of defense attorneys on several occasions, the trial continued
    at year's end.
        During the year the prosecutor general made no further requests to
    lift the official immunity of former minister of defense Fatmir Mediu
    in connection with the 2008 explosion at a military base where old
    ammunition was rendered safe in Gerdec. In 2009 the Supreme Court ruled
    that Mediu had official immunity upon his June 2009 reelection to
    parliament.
        The lack of an independent, effective, and merit based civil
    service system remains an impediment to fighting corruption and hinders
    the ability of the Government to serve its citizens effectively and
    transparently. Politicization of the civil service recruiting system
    leads to high turnover in civil servants.
        Corruption in the education system continued. University officials
    reportedly required payments for students to gain admission. Officials
    sometimes required bribes or sexual favors from students for them to
    matriculate or pass examinations.
        Citizens and noncitizens, including foreign media, have the right
    to obtain information concerning the activities of government bodies
    and persons who exercise official state functions; however, citizens
    often faced serious problems in obtaining information from public and
    government institutions.
        The law requires public officials to release all information and
    official documents with the exception of classified documents and state
    secrets. Most government ministries and agencies posted public
    information directly on their Web sites. However, businesses and
    citizens complained of a lack of transparency and the failure to
    publish regulations or legislation that should be basic public
    information.
    Section 5. Governmental Attitude Regarding International and
            Nongovernmental Investigation of Alleged Violations of Human
            Rights
        A number of domestic and international human rights groups
    generally operated without government restriction, investigating and
    publishing their findings on human rights cases. Government officials
    generally cooperated and responded to their views. During the year the
    Government set up an agency for the support of civil society which has
    the mandate to allocate state funding to NGOs. In December 2009 a group
    of human rights NGOs collaborated to publish a human rights report on
    the country and plans to issue another in 2011.
        The ombudsman is the main human rights institution for promoting
    and enforcing human rights. The ombudsman has the authority to monitor
    judicial proceedings and inspect detention and prison facilities; the
    ombudsman can initiate cases in which a victim is unwilling or unable
    to come forward. Although the ombudsman lacked the power to enforce
    decisions, he acted as a monitor for human rights violations. The most
    common cases included citizen complaints of police abuse of power, lack
    of enforcement of court judgments in civil cases, wrongful dismissal,
    and land disputes. The ombudsman reports to parliament annually.
        In many cases the Government took concrete steps to correct
    problems in response to the findings of the ombudsman. Cooperation
    improved between the Ministry of Interior and the ombudsman, and the
    Government implemented some suggestions made by the ombudsman.
        The Government cooperated with the UN and other international
    bodies, permitting visits throughout the year.
        The parliament has a committee on Legal Issues, Public
    Administration, and Human Rights. However, this committee was largely
    ineffective on human rights issues and remained constrained in its work
    by the SP boycott of parliament.
    Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
        The law prohibits discrimination based on race, gender, ethnicity,
    disability, language, or social status; however, the Government did not
    effectively enforce these prohibitions, and discrimination persisted.
    On February 4, parliament approved a new law on antidiscrimination. The
    law created the Office of the Commissioner for Protection from
    Discrimination, which is to receive and process complaints of
    discrimination. In May parliament named a commissioner; however, the
    new institution suffered from inadequate funding and staffing.

        Women.--The criminal code penalizes rape, including spousal rape;
    however, victims rarely reported spousal abuse, and officials did not
    prosecute spousal rape in practice. The concept of spousal rape was not
    well established, and authorities and the public often did not consider
    it a crime. The law imposes penalties for rape and assault depending on
    the age of the victim. For rape of an adult, the prison term is three
    to 10 years; for rape of an adolescent between the ages of 14 and 18,
    the term is five to 15 years and, for rape of a child under the age of
    14, the sentence is seven to 15 years.
        Domestic violence against women, including spousal abuse, remained
    a serious problem. During the year police reported cases of domestic
    violence and the Government pressed charges in cases. The Department of
    Equal Opportunities at the Ministry of Labor, Social Affairs, and Equal
    Opportunity covers women's issues, including domestic violence.
        The Government did not fund specific programs to combat domestic
    violence or assist victims, although nonprofit organizations provided
    assistance. NGOs reported that an estimated eight domestic violence
    hotlines operated. The hotlines, serving mainly the northern part of
    the country, each received approximately 25 calls per month from women
    reporting some form of violence. NGOs operated four shelters for
    battered women in Tirana, Vlora, Elbasan, and Gjirokaster. During the
    year NGOs and police noted a substantial increase in reports of
    domestic violence, primarily due to increased awareness of services and
    more trust in the police. According to government figures, there were
    1,744 cases of domestic violence reported during the year, compared
    with 1,063 in 2009. Often the police do not have the training or
    capacity to deal with domestic violence cases.
        In many communities, particularly those in the northeast, women
    were subjected to societal discrimination as a result of traditional
    social norms that considered women to be subordinate to men.
        The law prohibits sexual harassment; however, officials rarely
    enforced the law.
        Reproductive rights are generally respected by the Government.
    Couples and individuals have the right to decide freely the number,
    spacing, and timing of their children and have the information and
    means to do so free from discrimination, coercion, and violence.
    Citizens have access to contraception. Under the law, health care is
    provided to all citizens; however, the quality of and access to care,
    including obstetric and postpartum care, was not satisfactory,
    especially in the remote rural areas. According to 2008 UN estimates,
    the maternal mortality rate in Albania is 31 deaths per 100,000 live
    births. Women are equally diagnosed and treated for sexually
    transmitted infections, including HIV.
        The law provides equal rights for men and women under family law,
    property law, and in the judicial system. Neither the law nor practice
    excluded women from any occupation; however, they were not well
    represented at the highest levels of their fields. The law mandates
    equal pay for equal work; however, the Government and employers did not
    fully implement this provision.

        Children.--On November 4, the parliament approved the law ``For the
    Protection of the Rights of the Child.'' This law provides the legal
    and institutional framework for protecting children's rights.
        In general parents must register their children in the same
    community where they are registered. However, according to the
    Children's Rights Center of Albania (CRCA), children born to internal
    migrants or those returning from abroad frequently had no birth
    certificates or other legal documentation and, as a result, were unable
    to attend school. This is a particular problem for Romani families as
    well, who often marry young and fail to register their children.
        The law provides for nine years of free education and authorizes
    private schools. School attendance is mandatory through the ninth grade
    or until age 16, whichever comes first; however, in practice many
    children left school earlier than the law allowed to work with their
    families, particularly in rural areas. Parents must purchase supplies,
    books, uniforms, and space heaters for some classrooms, which was
    prohibitively expensive for many families, particularly Roma and other
    minorities. Many families also cited these costs as a reason for not
    sending girls to school.
        As in previous years, child abuse, including sexual abuse, occurred
    occasionally, although victims rarely reported it. In some cases
    children under the age of 18 engaged in prostitution. The penalties for
    the commercial sexual exploitation of children range from fines to 15
    years' imprisonment. The country has a statutory rape law and the
    minimum age of consensual sex is 14. The penalty for statutory rape of
    a child under the age of 14 is a prison term of five to 15 years. The
    law prohibits making or distributing child pornography, and the
    penalties are a fine of one to five million leks ($10,000 to $50,000)
    and a prison sentence of one to five years. Child marriage remained a
    problem in many Romani families and typically occurred when children
    were 13 or 14 years old.
        There were reports that orphans leaving the custody of the state at
    adulthood faced significant challenges finding adequate housing and
    services.
        Displaced and street children remained a problem, particularly
    Romani children, who made up 90 percent of street children. Street
    children begged or did petty work; some migrated to neighboring
    countries, particularly during the summer. These children were at
    highest risk of trafficking, and some became trafficking victims.
        The country is a party to the 1980 Hague Convention on the Civil
    Aspects of International Child Abduction. For information on
    international parental child abduction, please see the Department of
    State's annual report on compliance at http://travel.state.gov/
    abduction/resources/congressreport/congressreport--4308.html.

        Anti-Semitism.--There were reportedly fewer than 100 Jews living in
    the country; there were no known functioning synagogues or community
    centers and no reports of anti-Semitic acts.

        Trafficking in Persons.--For information on trafficking in persons,
    please see the Department of State's annual Trafficking in Persons
    Report at www.state.gov/g/tip.

        Persons With Disabilities.--The constitution and law prohibit
    discrimination against persons with physical, sensory, intellectual,
    and mental disabilities; however, employers, schools, health care
    providers, and providers of other state services sometimes
    discriminated against persons with disabilities. The law mandates that
    new public buildings be accessible to persons with disabilities, but
    the Government only sporadically enforced the law. Widespread poverty,
    unregulated working conditions, and poor medical care posed significant
    problems for many persons with disabilities.
        During the year the ombudsman continued to inspect mental health
    institutions and found that while physical conditions in facilities in
    Vlora and Shkoder had improved, they were not in compliance with
    standards and remained understaffed. Inspections of the Tirana
    Psychiatric Hospital found that specific windows and doors needed to be
    replaced for safety reasons. The ombudsman regularly conducts
    inspections throughout Albania and recommended a major legal,
    organizational, and budgetary review of the country's mental health
    care system. The admission and release of patients at mental health
    institutions was a problem due to lack of sufficient financial
    resources to provide adequate psychiatric evaluations.

        National/Racial/Ethnic Minorities.--There were reports of societal
    discrimination. As visible minorities, members of the Romani and
    Balkan-Egyptian communities suffered significant societal abuse and
    discrimination.
        The law permits official minority status for national groups and
    separately for ethnolinguistic groups. The Government defined Greeks,
    Macedonians, and Montenegrins as national groups; Greeks constituted
    the largest of these. The law defined Aromanians (Vlachs) and Roma as
    ethnolinguistic minority groups.
        In October the Council of Ministers approved the National Action
    Plan for the Roma and Egyptian Involvement Decade for 2010-15. The
    total budget for implementing the five-year plan was expected to be
    nearly 2.5 billion leks ($23 million).
        The ethnic Greek minority pursued grievances with the Government
    regarding electoral zones, Greek-language education, property rights,
    and government documents. Minority leaders cited the Government's
    unwillingness to recognize ethnic Greek towns outside communist-era
    ``minority zones''; to utilize Greek in official documents and on
    public signs in ethnic Greek areas; to ascertain the size of the ethnic
    Greek population; or to include a higher number of ethnic Greeks in
    public administration.
        During the year government prosecutors continued to appeal the
    dismissal of charges against Vasil Bollano, the ethnic Greek mayor of
    Himara, who was found guilty of abuse of office, but whose conviction
    was overturned on appeal in June 2009. The court convicted Bollano of
    destruction of government property after he ordered the removal of
    several new road signs in the Himara district because they were written
    in Albanian and English but not Greek.

        Societal Abuses, Discrimination, and Acts of Violence Based on
    Sexual Orientation and Gender Identity.--There are no laws
    criminalizing sexual orientation, and the law does not differentiate
    between types of sexual relationships. There were lesbian, gay,
    bisexual, and transgender (LGBT) organizations in the country. The
    groups operated without interference from police or other state actors.
    There were reports that individuals were beaten, fired from their
    employment, or subjected to discrimination due to their sexual
    orientation. Often these cases went unreported.
        NGOs claimed that police routinely harassed LGBT persons and
    transgender sex workers.

        Other Societal Violence or Discrimination.--The country has a low
    prevalence of HIV/AIDS. There is a general social stigma against
    persons with HIV/AIDS, although there were no reports of violence
    against such individuals during the year. The country's legal
    structures prohibit discrimination; however, implementation at times
    was lacking. Under the law, all health services are provided free of
    charge.
    Section 7. Worker Rights

        a. The Right of Association.--Workers have the right to form
    independent unions and they exercised this right in practice; however,
    the law prohibits members of the military and senior government
    officials from joining unions and requires that a trade union have at
    least 20 members to be registered. Approximately 18 percent of the
    workforce belonged to unions.
        The law provides the right to strike for all workers except civil
    servants, and workers exercised this right in practice. Civil servants
    do not have the right to strike; this applies to the uniformed
    military, police, indispensable medical and hospital personnel, persons
    providing air traffic control and prison services, and both essential
    and nonessential workers in water and electrical utilities. The law
    prohibits strikes that courts judge to be political.

        b. The Right to Organize and Bargain Collectively.--Citizens in all
    fields of civilian employment have the constitutional right to organize
    and bargain collectively, and the law establishes procedures for the
    protection of workers' rights through collective bargaining agreements.
    However, labor unions operated from a weak position. Unions
    representing public sector employees negotiated directly with the
    Government. Effective collective bargaining remained difficult, and
    agreements were hard to enforce. During the year parliament adopted a
    law requiring workers' representative bodies in enterprises with 20 or
    more employees to inform workers of all problems affecting them and
    their companies.
        The law does not prohibit antiunion discrimination, and there were
    some reports of such occurrences. According to the Independent Trade
    Union of Textile, Garment, and Leather Workers, employers in the
    textile, garment, leather, and footwear sectors engaged in antiunion
    behavior. Reportedly, they threatened international relocation if
    workers unionized. In April the Constitutional Court overturned the
    2009 law that could be used to sequester properties belonging to the
    country's trade unions.
        There are no export processing zones, free trade zones, or
    industrial parks.

        c. Prohibition of Forced or Compulsory Labor.--The law prohibits
    forced or compulsory labor, including by children; however, women and
    children were trafficked for sexual exploitation and labor. For more
    information on forced or compulsory labor, please see the Department of
    State's annual Trafficking in Persons report at www.state.gov/g/tip.

        d. Prohibition of Child Labor and Minimum Age for Employment.--The
    law criminalizes exploitation of children for labor or forced services;
    however, the Government did not enforce the law effectively. According
    to a CRCA estimate released during the year, more than 50,000 children
    under 18 years of age worked at least part time. The CRCA reported that
    the majority of child laborers worked as street or shop vendors,
    beggars, farmers or shepherds, drug runners, vehicle washers, textile
    factory workers, miners, or shoeshine boys. Research suggested that
    begging started at a young age--as early as four or five years old. The
    criminal code prohibits the exploitation of children for begging.
    Police generally did not enforce this law.
        The law sets the minimum age of employment at 16 years and
    regulates the amount and type of labor that children under the age of
    18 may perform. Children between the ages of 16 and 18 years old can
    work in certain specified jobs. The law provides that the Ministry of
    Labor, Social Affairs, and Equal Opportunity is responsible for
    enforcing minimum age requirements through the courts; however, there
    were no reports of enforcement. Labor inspectors investigated the
    formal labor sector, whereas most child labor occurred in the informal
    sector. Most of the labor inspections occurred in shoe and textile
    factories, and some instances of child labor were found in the course
    of these inspections.
        In 2008 a massive explosion at a military base in the town of
    Gerdec, where old ammunition was rendered safe, killed 26 persons,
    including several illegally employed children, and injured hundreds of
    others, some seriously.
        The Government, together with several NGOs and international
    donors, had some specific programs aimed at preventing illegal child
    labor. During the year the Child Labor Unit at the Ministry of Labor
    continued to implement the second phase of its child labor monitoring
    initiative in the regions of Elbasan and Shkoder. As a result of those
    efforts, 362 children were withdrawn from various forms of employment
    and returned to school. In addition the Ministry of Tourism has
    established a code of conduct for preventing child sex tourism that was
    signed by 24 tourist agencies and hotels.

        e. Acceptable Conditions of Work.--The national minimum wage was
    20,000 leks ($190) per month. However, it was not sufficient to provide
    a decent standard of living for a worker and family. According to
    INSTAT, the average wage for government workers in the third quarter of
    the year was 47,000 leks ($447) per month. The Albanian Institute of
    Statistics also reported that average monthly wages in the public
    sector had increased 6.4 percent from 2009. The Ministry of Labor,
    Social Affairs, and Equal Opportunity has the responsibility for
    enforcing minimum wage compliance.
        The law establishes a 40-hour workweek; however, individual or
    collective agreements typically set the actual workweek. Many persons
    worked six days a week. The law requires payment of overtime and rest
    periods; however, employers did not always observe these provisions in
    practice. The Government had no standards for a minimum number of rest
    periods per week, no limits on the maximum number of hours worked per
    week, and no regulations regarding premium pay for overtime; it did not
    prohibit excessive compulsory overtime.
        The Ministry of Labor, Social Affairs, and Equal Opportunity is
    responsible for enforcing occupational health and safety standards and
    regulations; however, enforcement was lacking overall. Workplace
    conditions were frequently very poor and, in some cases, dangerous.
    Workers at the Bulqiza mines continued to request a lower retirement
    age. In response the Government issued instead a salary increase for
    miners who work beyond the age of 50. Other requests from miners
    included better medical services for miners who have an accident at
    work and an improvement of their legal status as miners. The respective
    Ministry of Economy, Trade and Energy attempted in March to
    reinvigorate the mechanism of the Mines Inspection and Rescue Unit
    which has been in place for the last 50 years. The Government also
    created a task force with a combination of central and local
    authorities, the tax administration, and the state police to improve
    law enforcement in the area.
        Several accidents in the Bulqiza mines were reported during the
    year. Most accidents involved collapses in the mines and were due to a
    lack of adequate safety measures and procedures. In May a 65-year-old
    mineworker was reported to have died in a work-related accident while
    working in one of the Bulqiza mines. During the year media outlets
    continued to report that women and minors collected chromium from mines
    to support their families.
        The law does not provide workers the right to remove themselves
    from hazardous situations without jeopardy to their employment.

                                   __________

                                    ANDORRA

        The Principality of Andorra is a constitutional parliamentary
    democracy with a population of approximately 85,000. Two co-princes--
    the president of France and the Spanish bishop of La Seu d'Urgell--
    serve with joint authority as heads of state, and a delegate represents
    each in the country. In April 2009 the country held free and fair
    multiparty elections for the 28 seats in the General Council of the
    Valleys (the parliament), which selects the head of government.
    Citizens elected Jaume Bartomeu from the Social Democratic Party as
    head of government. Security forces reported to civilian authorities.
        The ombudsman reported prolonged pretrial detention. The law does
    not protect effectively the right of workers to form and join unions or
    unions' right to bargain collectively and to strike.
                            respect for human rights
    Section 1. Respect for the Integrity of the Person, Including Freedom
            From:

        a. Arbitrary or Unlawful Deprivation of Life.--There were no
    reports that the Government or its agents committed arbitrary or
    unlawful killings.

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

        c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
    Punishment.--The constitution and law prohibit such practices, and
    there were no reports that government officials employed them.

        Prison and Detention Center Conditions.--Prison and detention
    center conditions generally met international standards. The Government
    permitted monitoring visits by independent human rights observers.
        According to information obtained from the Government, at year's
    end 61 persons, 10 women and 51 men, of 15 nationalities, including
    Romanian, Spanish, Andorran, Georgian, Ukrainian, Chinese, French,
    Moroccan, and Italian, were in jail. In the majority of cases the
    prisoners were accused of robbery.
        The prison regime separated prisoners according to gender, age, and
    other personal circumstances. Convicted prisoners were held separately
    depending on their sentence and were separated from pretrial detainees.
    Prisoners had reasonable access to visitors and were permitted
    religious observance. Authorities permitted prisoners and detainees to
    submit complaints to judicial authorities without censorship and
    request investigation of credible allegations of inhumane conditions.
    The Government investigated and monitored prison and detention center
    conditions.

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

        Role of the Police and Security Apparatus.--Civilian authorities
    maintained effective control over the national police, the country's
    only security force, and the Government has effective mechanisms to
    investigate and punish abuse and corruption. There were no reports of
    impunity involving police during the year.

        Arrest Procedures and Treatment While in Detention.--Warrants are
    required for arrest. Police legally may detain persons for 48 hours
    without charging them with a crime, and police generally observed this
    time limit in practice. A system of bail exists. The law allows
    detainees to have prompt access to a lawyer. In September the
    Constitutional Court declared unconstitutional the established practice
    of not allowing detainees to have access to a lawyer for as long as 24
    hours after their detention. Persons charged with a crime can either
    choose their own lawyer or accept one designated by authorities.
    Detainees generally were allowed prompt access to family members.
        Cases of foreigners accounted for most of the lengthy detention
    cases of up to one year primarily because in most such cases two or
    even three countries might be involved.

        e. Denial of Fair Public Trial.--The constitution and law provide
    for an independent judiciary, and the Government generally respected
    judicial independence in practice.

        Trial Procedures.--The constitution and law provide for the right
    to a fair trial, and an independent judiciary generally enforced this
    right. Defendants enjoy a presumption of innocence. Trials are public,
    and defendants can request a jury. Defendants have the right to be
    present and consult with an attorney in a timely manner. If a defendant
    facing serious criminal charges cannot afford an attorney, the
    Government must appoint a public attorney. Defendants can confront or
    question witnesses against them and present witnesses and evidence on
    their behalf. Defendants and attorneys have access to government-held
    evidence in their cases. The law extends the rights to all citizens
    with no exception. Defendants have the right to appeal.

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

        Civil Judicial Procedures and Remedies.--The judiciary is
    independent and impartial in civil matters. Plaintiffs can bring
    lawsuits seeking damages for, or cessation of, a human rights
    violation. No administrative remedies are available for alleged wrongs.

        f. Arbitrary Interference With Privacy, Family, Home, or
    Correspondence.--The constitution and law prohibit such actions, and
    the Government generally respected these prohibitions in practice.
    Section 2. Respect for Civil Liberties, Including:

        a. Freedom of Speech and Press.--The constitution and law provide
    for freedom of speech and of the press, and the Government generally
    respected these rights in practice. An independent press, an effective
    judiciary, and a functioning democratic political system combined to
    ensure freedom of speech and of the press.

        Internet Freedom.--There were no government restrictions on access
    to the Internet or reports that the Government monitored e-mail or
    Internet chat rooms. Individuals and groups could engage in the
    peaceful expression of views via the Internet, including by e-mail.
    According to International Telecommunication Union statistics for the
    year, approximately 79 percent of the country's inhabitants used the
    Internet.

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

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

        c. Freedom of Religion.--For a complete description of religious
    freedom, please see the 2010 International Religious Freedom Report at
    www.state.gov/g/drl/irf/rpt

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

        Protection of Refugees.--The country is not a party to the 1951
    Convention relating to the Status of Refugees or the 1967 Protocol
    relating to the Status of Refugees. The law does not provide for the
    granting of asylum or refugee status. However, the Government has from
    time to time cooperated with the UNHCR and other organizations in
    assisting refugees ``for humanitarian reasons.''
        In practice the country provided some protection against the
    expulsion or return of refugees to countries where their lives or
    freedom would be threatened on account of their race, religion,
    nationality, membership in a particular social group, or political
    opinion. There were no such cases during the year.
    Section 3. Respect for Political Rights: The Right of Citizens to
            Change Their Government
        The constitution and law provide citizens the right to change their
    government peacefully, and citizens exercised this right in practice
    through periodic, free, and fair elections based on universal suffrage.

        Elections and Political Participation.--Observers considered the
    General Council elections in April 2009 free and fair. Individuals and
    parties could freely declare their candidacy and stand for election.
        There were 10 women in the 28-seat General Council and two women in
    the nine-seat cabinet. One of the five judges of the Supreme Court of
    Justice is a woman.
        Citizens are ethnically and linguistically homogeneous but
    represent only 36 percent of the total population. Only citizens have
    the right to vote and hold official positions; consequently, there were
    no members of minorities in government. The population largely consists
    of immigrants from Spain, Portugal, and France.
    Section 4. Official Corruption and Government Transparency
        The law provides criminal penalties for official corruption. The
    chief of police is responsible for combating corruption. There were no
    reports of government corruption during the year.
        Public officials are not subject to financial disclosure laws. The
    Unit for the Prevention and the Fight against Corruption is the
    Governmental agency responsible for the implementation and monitoring
    of the provisions contained in the law.
        The law provides for public access to government information, and
    the Government permitted access in practice for citizens and
    noncitizens, including foreign media.
    Section 5. 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 is a consolidated entity well known in different
    areas of the Government and among citizens. While the ombudsman is a
    complementary institution to the traditional judicial control of the
    administrative activity, its main function is to defend and oversee the
    fulfillment and application of the rights and liberties included in the
    constitution and ensure that the performance of the public sector
    adheres to constitutional principles. The ombudsman is independent from
    other institutions and provides its functions free of charge for
    interested persons. The ombudsman enjoyed the Government's cooperation
    and operated without government interference. In general the ombudsman
    had adequate resources and was considered effective. The ombudsman
    makes a published annual report to parliament with recommendations.
        There was a moderate increase in the number of cases examined by
    the ombudsman. According to the latest report, the institution received
    266 complaints in 2009 (compared with 258 in 2008). Of these, 184 were
    simple requests for information; 37 complaints related to housing
    controversies between owners and renters and social security services;
    and 45 complaints dealt with prolonged pretrial detention. In October
    parliament authorized the ombudsman to accept requests and complaints
    from minors.
    Section 6. Discrimination, Societal Abuse, and Trafficking in Persons
        The constitution and law declare all persons equal before the law
    and prohibit discrimination on grounds of birth, race, gender, origin,
    opinions, or any other personal or social condition. In the most part,
    the Government effectively enforced it.

        Women.--The law prohibits rape, including spousal rape; rape is
    punishable by up to 15 years' imprisonment. Authorities enforced the
    law effectively.
        There is no specific law prohibiting domestic violence, although
    other laws may be applicable in such cases. According to the Ministry
    of Health, Welfare, and Family, there were 167 reports of physical
    abuse against women until the end of November, an increase from 2009,
    when the total number of cases was 162. Of the 167 cases to which the
    State Secretariat for Equality and Welfare of the Ministry of Health
    attended, 15 percent of the women were Andorran nationals. Only 47
    percent of the complaints were filed by women. Victims of domestic
    violence could also request help from the Andorran International
    Women's Association (AIWA) and the Andorran Women's Association, but
    victims rarely filed a complaint with police due to fear of reprisal.
    In early December the Government opened its first shelter for women.
    The Government also operated a hotline and provided medical and
    psychological services to victims of domestic violence. The Government
    and AIWA placed abused women and their children in the private
    apartments of families who agreed to provide them with shelter.
    Caritas, a religious nongovernmental organization, worked closely with
    the Government and AIWA on social problems.
        The law prohibits sexual harassment under the provisions for other
    sexual aggressions. The law provides a penalty of three months to three
    years. The Government enforced the law effectively.
        Couples and individuals have the right to decide freely the number
    of children they wish to have. There was easy access to contraception
    and skilled attendance during childbirth. Women were treated for
    sexually transmitted infections, including HIV, equally with men.
        The law prohibits discrimination against women privately or
    professionally; however, the nongovernmental organization working for
    women's rights and trade union representatives reported cases of gender
    discrimination especially related to unequal salaries for the same
    work. Observers estimated that women earned 35 percent less than men
    for comparable work. The Government is making efforts to combat pay
    discrimination in general, and it applied pay equality within the
    Government. There are no limitations on women's participation in the
    labor market, and the Government has encouraged women to participate in
    politics.

        Children.--Citizenship is derived from one's parents; birth in the
    country's territory does not confer citizenship. Legal immigrants may
    obtain citizenship after 20 years of residence in the country. Children
    of residents may obtain citizenship after age 18 if they have resided
    virtually all of their life in the country. Dual nationality is not
    permitted.
        Violence against children persisted. According to data from
    January, the latest available, 222 minors were treated for various
    forms of abuse during the year.
        The country's general law against rape also covers statutory rape.
    Child pornography is illegal and carries a prison sentence of up to
    four years. The age of majority, 18 years, is also the age of consent.
    The penalty for statutory rape is 15 years' imprisonment, the same as
    for rape in general.
        The country is not a party to the 1980 Hague Convention on the
    Civil Aspects of International Child Abductions. For information on
    international parental child abduction, please see the Department of
    State's annual report on compliance at http://travel.state.gov/
    abduction/resources/congressreport/congressreport--4308.html.

        Anti-Semitism.--There were no reports of anti-Semitic acts against
    the approximately 500-person Jewish community.

        Trafficking in Persons.--In 2009 there were no confirmed reports
    that persons were trafficked to, from, or within the country.

        Persons With Disabilities.--The law prohibits discrimination
    against persons with physical, sensory, intellectual, and mental
    disabilities in employment, education, access to health care, and the
    provision of other state services, and the Government enforced it
    effectively. Nevertheless, societal discrimination against persons with
    disabilities existed on a small scale in the form of social and
    cultural barriers. Persons with disabilities also faced disadvantages
    in the labor market. The law mandates access to public buildings for
    persons with disabilities, and the Government generally enforced this
    provision.
        According to the Ministry of Health, Welfare, and Labor, there were
    approximately 400 persons with disabilities, of whom 99 were minors.
    Schools continued to implement the law to adapt infrastructure to the
    needs of children with disabilities. During the year approximately 99
    children with disabilities attended modified schools. An association
    for persons with disabilities operates in the principality.

        Societal Abuses, Discrimination, and Acts of Violence Based on
    Sexual Orientation and Gender Identity.--On the basis of constitutional
    provisions for the right to freedom of ideas, religion, and ideology,
    the Government acts against any discrimination that may occur in the
    country. There were no reports of official or societal discrimination
    based on sexual orientation in employment or occupation, housing, or
    access to education or health care.

        Other Societal Violence or Discrimination.--There were no reports
    of societal violence or discrimination against persons with HIV/AIDS.
    However, the Government bars immigrants with HIV/AIDS.
    Section 7. Worker Rights

        a. The Right of Association.--The constitution recognizes that
    workers have the right to form trade unions to defend their economic
    and social interests. In 2009 the Government approved a labor relations
    law to protect the right of unions to operate. However, this law does
    not provide the right to strike. Alternate dispute mechanisms such as
    mediation and arbitration exist. During the second half of the year,
    the Government and all relevant agents worked to develop further the
    rights contained in the constitution regarding this issue, including
    the right to strike as well as provisions for minimum services in cases
    of strike. In practice, the Government lacked mechanisms to protect
    worker rights. Unions continued to denounce the lack of laws that
    effectively develop and protect the constitutional rights of workers.
        No strikes occurred during the year. However, on May 1 (Labor Day),
    approximately 100 workers conducted a peaceful demonstration calling on
    the Government to approve new laws further developing workers rights.

        b. The Right to Organize and Bargain Collectively.--The law does
    not specifically provide for collective bargaining, and collective
    bargaining did not occur.
        The law does not prohibit antiunion discrimination but there were
    no official reports that it occurred during the year. Workers continued
    to be reluctant to admit to union membership, fearing retaliation by
    their employers, and unions did not make their membership numbers
    public.
        There are no export processing zones.

        c. Prohibition of Forced or Compulsory Labor.--Slavery and forced
    or compulsory labor are punishable by a maximum of 12 years in prison.
    There were no reports that such practices occurred.

        d. Prohibition of Child Labor and Minimum Age for Employment.--
    Without exception, the law prohibits children younger than 14 years
    from working. Children between the ages of 14 and 15 may work up to two
    months per year during school holidays following strict regulations
    contained in the laws. Laws protect children between the ages of 14 and
    15 and children between the ages of 16 and 17 by limiting working
    hours, providing for safety restrictions, restricting the type of work
    children may perform, and outlining other conditions.
        Laws protect children from exploitation in the workplace, and the
    Government effectively enforced these laws.
        The labor inspection office in the Ministry of Social Welfare,
    Public Health, and Labor effectively enforced child labor regulations.

        e. Acceptable Conditions of Work.--The national minimum wage of
    5.28 euros ($7.08) per hour and 915.20 euros ($1,226.40) per month did
    not provide a decent standard of living for a worker and family due to
    the high cost of living. The labor inspection office enforced the
    minimum wage effectively.
        The law limits the standard workweek to five eight-hour days for a
    total of 40 hours per week. Workers may work up to two overtime hours
    per day or 15 hours per week, 50 hours per month, and 426 hours per
    year. The law provides for premium pay of time plus 25 percent the
    first four hours per week and time plus 50 percent the following four
    hours. There is a required rest period of 12 hours between working
    shifts.
        The labor inspection service sets occupational health and safety
    standards and had the authority to levy sanctions and fines against
    companies violating them. Although the law authorizes employees to
    refuse certain tasks if their employers do not provide the necessary
    level of protection and security standards, it does not provide workers
    the right to remove themselves from dangerous work situations without
    jeopardizing their continued employment.
        The labor inspection service received more than 200 complaints from
    January to October against companies for violating health and safety
    regulations. Accidents at work diminished; from January through
    December, there were 4,019 accidents reported. The majority of
    accidents reported came from the construction sector, as well as the
    motor and machinery sector.

                                   __________

                                    ARMENIA

        Armenia is a constitutional republic with a population of
    approximately 3.2 million. The constitution provides for an elected
    president and a unicameral legislature (the National Assembly). The
    country has a multiparty political system. In 2008 Serzh Sargsian of
    the Republican Party of Armenia (RPA) was sworn in as president, after
    a significantly flawed presidential election. The RPA continued to
    dominate the three-party ruling coalition in the National Assembly, as
    well as the Government's cabinet. Security forces reported to civilian
    authorities.
        Citizens' right to change their government through peaceful
    elections was restricted due to repeated, significant flaws in the
    conduct of elections, including a by-election for a parliamentary seat
    in January. Some members of the security forces continued to commit
    human rights abuses with impunity while under the direction of civilian
    leadership. During the year suspicious deaths occurred in the military
    under noncombat conditions, while hazing and other mistreatment of
    conscripts by officers and fellow soldiers, and a lack of
    accountability for such actions, continued. Police reportedly beat
    citizens during arrest and interrogation. Overcrowding contributed to a
    significant worsening of prison conditions.. Authorities continued to
    arrest and detain criminal suspects without reasonable suspicion and to
    detain arbitrarily individuals due to their opposition political
    affiliations or political activities. Courts remained subject to
    political pressure from the executive branch, and judges operated in a
    judicial culture that expected courts to find the accused guilty in
    almost every case. During the year the authorities released four
    individuals who had been convicted in connection with the 2008
    presidential election and postelection unrest in trials flawed by due
    process violations and apparent political motivations. Two other
    individuals convicted in connection with these events were released
    from prison after serving their full sentences, while a handful of
    other individuals remained incarcerated. The media, in particular
    television, continued to lack diversity of opinion and objective
    reporting; incidents of violence, intimidation, and self-censorship
    against and in the press continued. Authorities continued to deny
    requests by opposition parties and other groups to gather or hold
    rallies at requested venues arbitrarily, sometimes providing
    alternative venues, and sometimes preventing persons from attending
    rallies. Authorities and laws restricted religious freedom. Corruption
    remained a problem, with authorities taking limited measures to curb
    it. Domestic violence was common, but largely went unreported to
    authorities. Trafficking was a problem, but authorities took efforts to
    combat it.
                            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,
    four police officers stood trial for allegedly beating and inducing the
    suicide of a suspect in their custody, and suspicious deaths of
    military personnel occurred under noncombat conditions.
        On April 13, Vahan Khalafian, a 24-year-old robbery suspect, died
    under suspicious circumstances while in police custody in the city of
    Charentsavan. Initially National Police Chief Alik Sargsian issued
    several statements that Khalafian was mentally unstable and had
    committed suicide. Sargsian also denied the possibility that Khalafian
    might have been physically mistreated by police; however, an
    investigation by the Special Investigative Service (SIS) revealed that
    Khalafian apparently was tortured by a senior police officer attempting
    to extract a robbery confession, and Sargsian issued a public apology.
    Authorities continued to maintain, however, that Khalafian committed
    suicide by grabbing a kitchen knife from a drawer and stabbing himself
    to death. On June 25, the SIS announced that its investigation had
    concluded that the behavior of police officers led Khalafian to commit
    suicide. On April 27, Ashot Harutyunian, head of the criminal
    intelligence division of the Charentsavan police, was arrested and
    formally charged with actions that exceeded his official authority and
    had grave consequences. Moris Hayrapetian, Garik Davtian, and Gagik
    Ghazarian, Harutyunian's subordinates, were charged with abuse of
    official authority. Khalafian's family, their lawyer, and human rights
    activists following the case challenged the official version of death,
    asserting that the autopsy revealed other bruises and injuries in
    addition to Khalafian's two stab wounds. Khalafian's family also
    questioned the role of Charentsavan police chief Norik Heboyan--who was
    dismissed from his position on May 28--and Deputy Chief Samvel
    Tonoyan--who retained his position--in Khalafian's death, calling into
    question the conduct of the investigation. The trial of the four
    defendants began on July 6. Harutyunian denied the charges against him.
    He also denied that Khalafian had committed suicide and said that he
    was being framed by the SIS and his subordinate Moris Hayrapetian, who
    was charged with lesser crimes, in order to cover up Khalafian's
    killing by police. On November 29, a judge in the first instance court
    of Kotayk found Harutyunian guilty and sentenced him to eight years in
    prison. Hayrapetian was given a two-year suspended sentence and the two
    other suspects, Garik Davtyan and Gagik Ghazarian, were acquitted.
    Khalafian's family denounced the verdict as unfair and maintained that
    their relative had been killed by police while at the police station
    and that the investigation failed to reveal Khalafian's murderer and
    the complete circumstances of his death. The human rights defender
    (ombudsman) also challenged the official version of suicide in a
    November 29 interview with Radio Liberty.
        In a July 28 statement, the Ministry of Defense announced that
    Lieutenant Artak Nazarian, a platoon commander stationed in the Tavush
    region, reportedly killed himself on July 27. The Office of the
    Military Prosecutor subsequently began a criminal case against a
    captain and three servicemen for beating and humiliating Nazarian.
    According to official information, Nazarian killed himself after
    becoming unable to bear abuse by fellow servicemen. Captain Hakob
    Manukian was arrested on charges of abuse of official authority with
    grave consequences, while Mkhitar Mkhitarian, Adibek Hovhannisian, and
    Harutik Kirakosian were arrested and charged with using violence
    towards a commander. In interviews given after the death, Nazarian's
    relatives accused the military of a cover up, claiming that Nazarian
    was either forced to commit suicide or killed by fellow servicemen,
    possibly even earlier than the date of death specified in the military
    report. Nazarian's cousin, who was present at the autopsy, told
    reporters that the forensic medics had found numerous injuries on his
    relative's face, hands, shoulders, and feet which were allegedly
    inflicted hours before Nazarian's death. According to official
    information, a suicide note was found inside Nazarian's clothes. In
    subsequent interviews, the family alleged numerous violations in the
    conduct of the investigation and evidence tampering aimed at covering
    up Nazarian's death. The investigative body denied the Nazarian
    family's requests to disregard as evidence the suicide note (which was
    discovered by Captain Manukian and transferred to the investigative
    body with significant delay on August 9); to be given copies of the
    notebook pages to conduct an alternative forensic examination of the
    handwriting; and to have access to the protocols and relevant documents
    on examination of the crime scene and Nazarian's clothes. The
    investigation of the case remained underway at end of the year.
        In response to public outcry concerning noncombat-related military
    shooting deaths, the Ministry of Defense on August 8 issued a statement
    announcing disciplinary measures it had taken during an unscheduled
    August 6 session of the Defense Ministry collegium. Eight officers who
    were commanders and deputy commanders of military units were dismissed
    from their posts; seven of them were also discharged from the military
    services. In addition 14 officers were issued strict reprimands, six
    were issued regular reprimands, and 10 received warnings for failing to
    comply with the terms of service. Ten commanders of subunits and chiefs
    of services were also released from their positions and demoted; one
    officer was reduced in rank.
        On September 8, according to media reports, Artur Hakobian, an
    enlisted 27-year-old junior sergeant serving in a military unit in the
    Vayots Dzor region, shot himself to death. A criminal case was opened
    into the death on charges of ``inducing'' suicide; no update was
    available on the status of the investigation at year's end.
        In apparent response to the reports of abuse occurring in the
    military, the Ministry of Defense on December 13 launched a 24-hour,
    anonymous hotline that citizens could call to register concerns related
    to military service.
        The military prosecutor reported that during the year 54 military
    servicemen died under noncombat conditions, an increase from 44 in
    2009. According to official statistics 11 were killed by enemy fire; of
    the remaining cases, 13 were murders; eight deaths were due to
    illnesses; six deaths were caused by car accidents; five deaths by
    accidents; four deaths were due to mishandling of weapons; three were
    suicides; three were induced suicides; and one was due to physical
    violence.
        On May 4, the court of first instance sentenced Andok Galstian to
    10 years of imprisonment for the September 2009 death of Aram
    Mkrtchian, an 18-year-old conscript who died in a hospital after being
    beaten by Galstian, his battalion commander at a military post in the
    Vayots Dzor region. Major Mamikon Vardanian, the second defendant in
    this case and deputy commander of the military unit who had been
    charged with insulting a soldier, was given a six month suspended
    sentence.
        No developments were reported in the investigation into the deaths
    of eight civilians and two police officers killed during clashes
    between security forces, looters, and protesters disputing the 2008
    presidential elections. In August 2009 authorities opened criminal
    proceedings against four police officers accused of improperly using
    tear gas against demonstrators in the postelection events. The four
    officers allegedly fired tear gas grenades at demonstrators from
    dangerously close distances, resulting in the deaths of three civilians
    and the injury of three others. For the second consecutive year, the
    criminal proceedings were still in the investigation stage, and no
    police officer had been prosecuted. Law enforcement bodies were
    reportedly still unable to match the ballistics evidence to specific
    firearms. According to new official information, however, forensic
    tests reportedly determined that the tear gas canisters had ricocheted
    from other surfaces and had not been fired directly at the victims.
        On March 19, the European Committee for the Prevention of Torture
    (CPT) released a report on its 2008 visit to the country just weeks
    after the events took place. The report stated that the type of injury
    experienced by two of the victims suggested impact from a weapon such
    as a ``rubber bullet'' or possibly from a tear gas canister fired at
    close range directly at the head. During the year the families of nine
    of the 10 victims unsuccessfully filed four separate lawsuits against
    the SIS and the Prosecutor General's Office for inaction and failure to
    investigate, reveal, and punish those responsible for the deaths. The
    first instance court and the Court of Appeals rejected the lawsuits,
    and the highest appellate court, the Court of Cassation, refused to
    accept the cases for review.
        On January 13, the court of first instance of the Gegharkunik
    region acquitted the soldiers Rustam Asatrian and Karen Tovmasian of
    criminal negligence in the death by electrocution of serviceman Tigran
    Ohanjanian in 2007. However, the court subsequently sent the case to
    the military prosecutor's office for additional investigation.
    Ohanjanian's family has long insisted that Ohanjanian did not die from
    accidental electrocution but was killed. Both the Court of Appeals (on
    March 30) and the Court of Cassation (on June 7) upheld the trial court
    decision. Additional investigation into the case was ongoing at the end
    of the year.
        According to human rights observers, in the majority of reported
    incidents of hazing and death in the military services, the relevant
    bodies usually presented a sanitized version of events and follow-up
    investigations focused on reinforcing it. Observers also claimed that
    the armed forces in most cases declined to punish those behind hazing
    incidents and suspicious deaths.
        Ethnic Armenian separatists, with Armenia's support, continued to
    control most of the Nagorno-Karabakh region of Azerbaijan and seven
    surrounding Azerbaijani territories. Land mines placed along the border
    with Azerbaijan and along the line of contact in the Nagorno-Karabakh
    conflict continued to cause bodily harm. During the year government
    sources reported that 12 military personnel were injured by landmine
    explosions and one civilian was killed.
        According to official information, during the year shootings along
    the line of contact in the Nagorno-Karabakh conflict resulted in
    casualties on the Armenian side, including the death of 11 and the
    wounding of 34 military personnel.
        No developments were reported in the February 2009 killing of
    Colonel Gevorg Mherian, deputy chief of the national police, who was
    shot outside the entrance to his home in central Yerevan. As of year's
    end, the killer had not been identified, and the investigation
    continued. On February 10, Police Chief Alik Sargsian announced the
    creation of a special investigation force tasked with solving high-
    profile killings committed since 2000, including the death of Colonel
    Mherian.

        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, members of the
    security forces regularly employed them. Witnesses continued to report
    that police beat citizens during arrest and interrogation. Human rights
    nongovernmental organizations (NGOs) reported similar allegations;
    however, most cases of police mistreatment continued to go unreported
    due to fear of retaliation. Human rights groups continued to report
    that many individuals transferred to prisons from police detention
    facilities alleged torture, abuse, or intimidation while in police
    custody and that the main purpose of the torture and physical abuse was
    to extort confessions. According to domestic observers, most instances
    of abuse of arrested persons by law enforcement personnel continued to
    occur in police stations, particularly in the offices of police
    officers, rather than at police detention facilities, which were
    accessible to monitors.
        On February 10, the ombudsman sent a letter to the prosecutor
    general informing him that, during a February 5 visit to the detention
    facility of the Yerevan Police Department, his staff discovered
    multiple records of persons who were brought to the facility with
    numerous bruises, abrasions, and other injuries. The ombudsman provided
    details on 10 such cases and inquired about measures, if any, the
    Prosecutor General's Office was taking to investigate. At year's end,
    the authorities had yet to reply to the requests in the ombudsman's
    letter.
        The NGO Helsinki Citizens Assembly-Vanadzor (HCAV) reported that,
    in the first nine months of the year, it received seven complaints from
    citizens who alleged police torture either against them or their
    relatives that was aimed at obtaining information about certain crimes
    or at extracting self-incriminating testimony. According to HCAV, in
    most of these cases, the police failed to act on HCAV's reports with a
    criminal or internal investigation or the police responded by saying
    that the internal queries revealed no violations.
        On May 17, various media announced that Gagik Ghazarian died in a
    hospital from injuries incurred when he jumped from the window of the
    Kentron and Nork-Marash Courthouse, reportedly in an escape attempt. A
    spokesperson for the Cassation Court stated that the incident occurred
    after the judge had ruled that Ghazarian be held as a suspect in a
    drug-trafficking case. HCAV alleged that Ghazarian jumped to his death
    in response to police torture he experienced prior to the session. It
    based its claim on a letter it received on May 27 from an individual
    identified as K.M., who described being beaten along with Ghazarian by
    police after they apprehended him on May 13. According to K.M., the
    beatings were part of an attempt to extort confessions from the two
    that they were carrying drugs. Although no bodily injuries were
    registered upon their transfer from the police station to a detention
    facility at Nubarashen penitentiary, K.M. said he had blood in his
    urine for three days after the police beatings, while Ghazarian
    sustained a broken rib. According to official information, a criminal
    case was launched to investigate the escape attempt by Ghazarian, which
    also reportedly investigated the alleged cruel treatment in custody.
    The case was subsequently dropped due to Ghazarian's death, and,
    according to official information, the alleged cruel treatment in
    custody was not confirmed.
        Unlike the previous year, the Civil Society Monitoring Board (CSMB)
    did not report any new incidents of alleged torture and mistreatment of
    detainees by the Rapid Response Division of the Justice Ministry's
    Penitentiary Department. However, authorities did not respond to the
    CSMB's September 2009 allegations that inmates were tortured. According
    to the Helsinki Committee NGO, most instances of abuse in prisons went
    unreported due to the opaque nature of life behind bars, but anecdotal
    accounts suggest that it is a systemic problem.
        On June 23, the Public Monitoring Group of Police Detention
    Facilities (PMG) released its annual report covering 2009. It noted
    that 172 of the 967 persons arrested by police and subsequently
    transferred from police stations to police detention facilities in the
    capital of Yerevan showed bruises and bodily injuries upon their
    arrival at the detention facilities. The sources of the injuries were
    not listed and no one was held responsible for them.
        According to the ombudsman's annual report for 2009, released in
    March, citizen complaints about illegal actions by the police,
    including allegations of torture, continued to grow in comparison with
    previous years. The complaints mostly concerned citizens who claimed
    they had been summoned to police stations, detained there illegally,
    and subjected to inhuman treatment, including torture and beating.
    Complainants also alleged that police officers sought to extort
    confessions through violence, threats, and unlawful pretrial detention.
    According to the ombudsman's report, it was virtually impossible to
    restore the rights of citizens who had suffered police mistreatment or
    torture. The ombudsman asserted that police routinely responded to the
    ombudsman's inquiries about allegations of abuse with uninformative,
    formulaic replies; he added that such an atmosphere of impunity
    contributed to the increase in such abuse.
        On March 5, the Paris-based International Federation for Human
    Rights (FIDH) together with a domestic NGO, the Civil Society
    Institute, issued a joint statement noting Sasha Davtian's release from
    prison and calling for an investigation of allegations that he and his
    two daughters were tortured by police personnel. The statement also
    called for a reinvestigation of charges that Davtian tortured his
    daughters, for which he was convicted. Davtian was released on February
    26 after the Court of Appeals reduced his prison sentence from four to
    three years, making him eligible for release under a 2009 general
    amnesty. In 2008 Davtian reported the abduction and rape of his then
    underage daughter to the police. In February 2009 police dismissed
    their investigation, claiming they could not locate the alleged
    perpetrator. Following complaints by Davtian, a different police
    investigator reopened the case in May 2009. According to a journalist
    reporting on the case, Davtian was subsequently summoned to the police
    station of Yerevan's Kentron District and severely beaten by
    approximately 10 officers over several days as they tried to force him
    to confess to torturing his two daughters and raping one of them.
    According to the same report, Davtian identified some of his
    assailants--police officers Eric Poghosian, Artur Poghosian, and Artur
    Hovhannisian and police investigator Ruben Vardanian. According to the
    joint statement, the presidents of these organizations visited Davtian
    in prison on February 5, documented his testimony about his
    mistreatment, and certified that he had lost eight teeth as a result of
    his beatings. According to an October 2009 media report, police also
    abused Davtian's two daughters--one of whom was the rape victim--in an
    attempt to force them to testify against their father. The younger
    daughter was reportedly taken to the police station of Yerevan's
    Kentron District where Eric Poghosian, Ruben Vardanian, and other
    officers repeatedly beat her, deprived her of food and water, and did
    not allow her to use the restroom during the three days they held her.
    She testified against her father in the initial proceedings but later
    recanted her testimony in court. The other daughter testified that she
    was also detained by the police for two days, not allowed to sit down,
    and repeatedly struck and humiliated. In December 2009 a trial court
    judge threw out the initial testimony of the daughters against their
    father as well as other police evidence on the grounds that the
    testimony had been obtained in an unlawful manner; she subsequently
    also cleared Davtian of the rape charge. At the same time, she
    sentenced Davtian to four years on the torture charges, since he had
    admitted beating his daughters. According to the journalist covering
    the case, police were believed to have harassed the family to hide the
    identity of the true rapist, allegedly a son of a high-ranking police
    officer. The investigation into the rape was suspended in February
    2009, after no perpetrator was found. According to official
    information, neither the alleged abuse of the Davtian family by police
    officers nor any violation of the criminal procedural legislation was
    substantiated during the trial.
        In December 2009 the criminal case against Shirak Shahnazarian, the
    former police chief of Gyumri, was dropped. He was charged in 2009 with
    abuse of power ``accompanied by the use of violence'' for allegedly
    beating and illegally detaining a citizen who had come to him with a
    complaint in custody in July.
        In response to a 2009 request made by the ombudsman that the
    authorities investigate reports that police mistreated five persons
    while they were held in the police station of Yerevan's Arabkir
    District in April 2009, the authorities replied that two of the five
    individuals had attacked police officers while at the station and
    allegations of abuse by police officers were not substantiated.
    According to the ombudsman, the alleged abuses had included illegal
    deprivation of liberty, denial of food and sleep, beating, withholding
    medical aid, and degrading treatment.
        In a March 19 report on the visit of its representatives to
    detention facilities two weeks after the 2008 postelection unrest in
    Yerevan, the CPT stated that it interviewed approximately 70 persons
    being detained on charges related to the unrest. Almost all claimed
    they had been physically mistreated by law enforcement officers at the
    time of their apprehension although they offered no resistance. The
    mistreatment allegedly included pushing, truncheon blows, kicks and
    punches to the body and head, and being dragged into police vehicles.
    In some cases mistreatment continued during transportation to police
    facilities and at these police facilities after arrival. Examination of
    some detainees by a medical professional in the delegation found
    physical marks or conditions consistent with the allegations. Medical
    documentation at penitentiary establishments also contained
    descriptions by prison doctors of various injuries observed in the
    initial examination of a number of persons who had been admitted in the
    two weeks preceding the delegation's visit. Detainees charged that some
    of the law enforcement officials involved wore masks and showed no form
    of identification. Some of those interviewed maintained that the
    mistreatment they experienced was intended to obtain self-incriminating
    confessions or damaging information about others.
        There was no progress during the year in the police investigation
    into allegations that law enforcement personnel tortured and
    intimidated numerous witnesses who were called to testify against
    opposition figures arrested in connection with the disputed 2008
    presidential elections and ensuing violence.
        On February 7, the Court of Appeals upheld the December 2009
    decision of a lower court rejecting the appeal of the family of Levon
    Gulian against the SIS's termination in April 2009 of their
    investigation into Gulian's death due to lack of evidence that a crime
    had occurred. On August 27, however, the Court of Cassation invalidated
    the Court of Appeals decision and returned the case to the SIS for
    further investigation. The SIS claimed that Gulian, an alleged witness
    to a homicide, had fallen to his death from a second-story police
    station window in 2007 while trying to escape. Gulian's family and
    human rights activists maintained the investigation was not conducted
    in a credible and transparent manner and claimed that Gulian had died
    as a result of police abuse.
        On June 15, the European Court of Human Rights (ECHR) ruled that
    authorities had subjected penitentiary inmate Ashot Harutyunian to
    torture or inhuman or degrading treatment or punishment by failing to
    provide him with appropriate medical assistance and by placing him in a
    metal cage during appeal proceedings. The ECHR also ruled that
    Harutyunian's right to a fair trial and presumption of innocence had
    been violated. Harutyunian was serving a seven-year sentence for
    defrauding a business partner; he suffered from several serious
    illnesses. In his appeal to the ECHR, he claimed that prison
    authorities ignored his requests for medical assistance and a special
    diet. Harutyunian suffered a first heart attack in 2004 but was not
    allowed urgent surgery recommended by doctors in a Yerevan prison
    hospital; he subsequently died from a second heart attack in Kosh
    Prison in January 2009. The media reported Harutyunian's lawyer as
    claiming that the Office of the Prosecutor General ensured that
    Harutyunian was returned to prison after an early release in 2007
    because of the office's reputed close ties with the businessman
    Harutyunian was convicted of defrauding.
        Within the armed forces, the impunity and lack of accountability of
    commanders, rampant corruption, and substandard living conditions
    continued to contribute to mistreatment and noncombat injuries.
    Although no reliable statistics on the prevalence of military hazing
    were available, soldiers reported to human rights NGOs that the abuse
    continued. Soldiers' families claimed that corrupt officials controlled
    military units, while human rights monitors and the ombudsman reported
    that soldiers with serious disqualifying health conditions were
    conscripted into military service. According to official information,
    during the year 176 military personnel were convicted of hazing and
    related violations and 12 more cases were under trial at year's end.
        On September 18, the opposition Hraparak newspaper published the
    anonymous account of a young man who had recently finished his military
    service and which detailed abuses by his battalion commander officer,
    Vardan Martirosian, at a military unit in the Ararat region. According
    to the account, Martirosian brutally beat and punished soldiers for
    minor misconduct or no reason at all. The young man also alleged that
    an induced suicide of a soldier in their unit had never been officially
    reported, and nobody was punished in connection with the death. On
    October 14, Radio Liberty reported that the investigation service of
    the Ministry of Defense had arrested Vardan Martirosian on charges of
    abuse of power after it had discovered that Martirosian had forced
    conscripts to take out and hand over to him loans from a local bank in
    the amount of 500,000 drams (approximately $1,400). Further reports
    revealed that Artur Karapetian, another officer from that unit, had
    also been arrested for extorting money from soldiers. According to
    official information, the investigation revealed, that in following
    Martirosian's orders, Major Arsen Nersisian, the head of the
    headquarters of the military unit, had collected 610,000 drams
    (approximately $1,500) from various servicemen in the period from June
    2009 to August. Nersisian had also collected 170,000 drams
    (approximately $425) from soldiers and had purchased a laptop from the
    deputy commander of the unit, Artur Karepetian, and presented it to
    Martirosian. A criminal case was launched against the three on charges
    of abuse of authority. On December 29, the criminal case against
    Martirosian and Karapetian was dropped due to ``actual repentance,''
    and the investigation into Nersisian was still ongoing at year's end.
        According to 2009 research conducted by the domestic Soldier's
    Mothers NGO, the most numerous violations of soldiers' rights,
    approximately 46 percent, occurred during the process of medical
    examination. These violations included incomplete medical examinations
    prior to induction into service and induction into service of recruits
    with disqualifying medical conditions. The ombudsman in his 2009 annual
    report cited one instance in which these practices led to the death of
    a soldier. The ombudsman's report noted that families of recruits who
    complained to the Office of the Ombudsman about the actions of the
    military commissariats were reluctant to put their complaints in
    writing from fear that their sons would be assigned to faraway units in
    retaliation. The Office of the Ombudsman found servicemen in poor
    health at almost all military units it visited. The ombudsman's report
    also noted that conscripts with various degrees of psychological
    illness were given assignments to guard border areas. These individuals
    included conscripts who had medical restrictions, such as prohibitions
    on carrying weapons, as well as persons with histories of self-injury.
    The report cited unit commanders as observing that some conscripts with
    severe psychological problems were a significant threat to others.
        On November 5, media outlets reported the arrest of Lieutenant
    Colonel Armen Bareghamanian, deputy commander of a military unit, for
    brutally beating soldier Eric Grigorian on October 28. Grigorian was
    hospitalized with a broken nose, brain concussion, and other injuries
    following an almost hour-long beating by Bareghamanian, who was angered
    by the fact that Grigorian missed the morning assembly. By year's end,
    the investigation on charges of abuse of authority remained underway,
    while Bareghamanian remained under detention. Prior to this incident,
    Bareghamanian was under investigation for beating another soldier,
    Bagrat Yeghishian, in the same unit on June 17, while continuing to
    hold his position as deputy commander. The criminal case into
    Yeghishian's beating was launched on August 19. On November 9,
    Bareghamanian was convicted and sentenced to two-and-one-half years in
    prison for abusing Yeghishian.
        On September 11, amateur video footage appeared on YouTube
    depicting an unidentifiable man in a rural, outdoor setting slapping
    and otherwise mistreating two young men in army uniforms. The man was
    sitting on the ground enjoying a meal, while the two young men took
    turns kneeling in front of him and having their ears pulled and their
    necks and heads slapped and shaken. The video, which was immediately
    removed from YouTube, caused a public outcry. Although initially
    condemning the creation and dissemination of such footage, the Defense
    Ministry announced on September 17 that the film was authentic and that
    the depicted events involving Armenian military personnel occurred in
    July. The ministry identified the abuser as Major Sasun Galstian, who
    was reportedly intoxicated, and the victims as Sergeant Garik
    Harutyunian and conscript Bakur Yeghikian. Authorities initiated a
    criminal case, and Major Galstian was arrested on charges of abuse of
    authority. On December 9, Galstian was convicted and sentenced to three
    years in prison.
        In mid-July the investigative Hetq weekly reported on the trial of
    11 conscripts who had repeatedly beaten and humiliated fellow conscript
    Abraham Kupalian over a period of approximately six months starting in
    September 2009. A second victim, Armen Borisov, was also mistreated
    when he tried to protect Kupalian. According to Hetq, Kupalian could
    recall 12 instances of battery and abuse by the conscripts Yura
    Sarjian, Davit Manukian, Andranik Terterian, Aghasi Tonoyan, Gevorg
    Davtian, Levon Galstian, Davit Ghazarian, Davit Ghukasian, Artur
    Tarloyan, Ara Manukian, and Aram Vagharshakian. Kupalian complained to
    his commander, Grigori Avetisian, who took no action. According to the
    article, at least two other officers, Gevorg Yeritsian and Ara
    Melkonian, knew about the beatings but also took no action. Four of the
    11 abusers were sentenced to three years in prison, while the others
    received conditional sentences. However, neither the commander of the
    unit nor the two other officers were held accountable. Grigor Avetisian
    was initially charged with inaction; however the charges against him
    were later dropped.

        Prison and Detention Center Conditions.--Prison conditions worsened
    significantly during the year, in large part due to overcrowding. The
    number of registered deaths in prisons increased, from 15 in 2009 to 37
    during the year, with most attributed to illnesses and some to
    suicides. In a preliminary statement issued at the end of a September 6
    to 15 observation mission, the Working Group on Arbitrary Detention of
    the UN Human Rights Council (UNHRC) noted that some prisons exhibited
    overcrowding, poor sanitation, minimal medical care, and a lack of
    sufficient ventilation. The working group observed that overcrowding
    appeared to facilitate corruption in prison, including prisoners
    bribing guards to move them to less populated cells. However, the
    working group also noted some improvements. Authorities generally
    permitted visits by independent human rights observers.
        On July 26, the CSMB noted that in the previous 12 months, the
    number of inmates in confinement increased by 20 percent. The CSMB
    reported that, according to official data as of July 1, 4,850 persons
    were being held in penitentiary institutions designated to hold a
    maximum of 4,396 inmates. The CSMB stated that in Nubarashen, the
    country's largest penitentiary, 16 to 20 inmates were kept in cells
    designed to hold only eight persons, with convicts taking turns
    sleeping. According to the CSMB, the overcrowding and consequent bad
    ventilation caused health and psychological problems and produced
    tensions and conflict among inmates. The CSMB noted that conditions
    could be interpreted under the European Convention of Human Rights as
    constituting cruel, inhuman, or degrading treatment, and, in certain
    cases, torture.
        According to the CSMB, overcrowding was attributable in part to the
    courts' extensive use of pretrial detention and the limited application
    of alternative punishments and conditional release on parole. The board
    noted that, according to 2009 data, only 14 percent of inmates who
    qualified for early release on parole were actually released. During
    the year human rights activists and attorneys continued to voice
    concerns over the activities of the Commissions on Early Release and
    Release on Parole, particularly the absence of strict criteria for the
    commissions' decision-making process, the lack of an appeal mechanism,
    and the fact that most members of the commissions were representatives
    of law enforcement structures who were prone to hold a bias against
    individuals with criminal records.
        During the year the CSMB filed several urgent reports to the
    Ministry of Justice regarding the deteriorating health condition of
    some convicts; although these convicts theoretically qualified for
    early release on account of their health problems, they remained in
    prison. According to the CSMB, the interagency medical commission in
    charge of considering the early release of prisoners on health grounds
    was generally very slow to act, which resulted in undue delays in their
    deliberations.
        According to official information, the average number of persons
    held in penitentiaries during the year was 4,807 persons. This included
    an average yearly number of 456 pretrial detainees and 416 detainees
    whose cases were in progress and who were in custody awaiting court
    verdicts. Pretrial detainees were confined separately from inmates. The
    total capacity of all penitentiary institutions was 4,395 persons.
        By the end of the year, there were 204 women (143 convicts and 61
    detainees) and 34 juveniles (22 convicts and 12 detainees) who were
    kept in the Abovian penitentiary for women and juveniles. One of the
    juvenile detainees was a woman. Women and male juveniles were kept in
    separate zones. There were no facilities for female juvenile convicts,
    mainly because juvenile girls were rarely convicted; however, if
    convicted they were held with adult women. Inmates were housed in large
    dormitories--with women housed separately from juvenile boys--and,
    according to domestic observers, this arrangement generated conditions
    that were worse than those observed at penitentiaries where inmates
    were confined in separate cells.
        In its 2009 report, the PMG described the use of police detention
    cells as actual holding centers for pretrial detainees as a significant
    problem. In the regions outside of Yerevan, pretrial detainees
    outnumbered arrestees in police cells by more than two to one--2,276 of
    the former compared with 915 of the latter. By law pretrial detainees
    may not be held in police cells for more than three days, since the
    cells were not equipped to offer detainees the same conditions as
    pretrial detention cells at penitentiaries. However, the PMG reported
    that in the regions there were instances of pretrial detainees spending
    as long as 27 days in police cells. While the PMG monitored police
    detention facilities, they did not have access to police station
    premises.
        Convicts and detainees did not always have reasonable access to
    visitors. Both have the right to short-term visits, and convicts are
    also entitled to long-term (conjugal) visits. A person under pretrial
    detention is granted at least two visits per month (each lasting up to
    three hours) with close relatives, representatives of the mass media,
    or other persons--unless the body conducting pretrial proceedings has
    prohibited such visits. Most convicts are entitled to at least one
    short-term visit per month (lasting up to four hours) with close
    relatives or other persons and to long-term visits (up to three days)
    with close relatives once per every two months. These minimum
    entitlements were not always met, however, mainly for technical
    reasons. Due to overcrowding, individuals confined in the Nubarashen
    penitentiary could not exercise their right to visits or were forced to
    accept much shorter visits than provided by law. Persons convicted of
    especially grave crimes and those serving life sentences are entitled
    to fewer visits--three short-term and one long-term visit per year.
    According to domestic observers, these additional limitations on access
    constituted excessive punishment beyond what was ordered by the courts.
        According to domestic observers, authorities did not investigate
    credible allegations of inhumane conditions and did not document the
    results of such investigations in a publicly accessible manner. In
    addition authorities did not always permit prisoners and detainees to
    submit uncensored appeals to authorities requesting investigation of
    credible allegations of inhumane conditions. By law the communications
    of pretrial detainees may only be censored by a court order. However,
    according to domestic observers, there were numerous cases when the
    letters of convicted persons were read and censored by prison
    administrations.
        According to domestic observers, the Government did not efficiently
    investigate and monitor conditions in prison and detention facilities.
    The Oversight Department of the Ministry of Justice was in charge of
    monitoring the implementation of the legal requirements for the
    penitentiaries, but according to domestic observers, it did not have
    sufficient staff and resources to carry out this function effectively.
        During the year there were no cases launched against prison
    administration or other officials for violence toward inmates.
        On July 20, the ombudsman sent a letter to the Ministry of Justice
    conveying his concern about suicides and deadly accidents in the
    Nubarashen prison during the May to July period. He asked the ministry
    to explain these events and describe the measures it was taking to
    address them. In its response, the Ministry of Justice reported that it
    had discovered a number of violations committed by prison
    administration and medical personnel in civilian medical institutions
    and, while they had not contributed to the deaths, they nevertheless
    rendered those in confinement more vulnerable. The Ministry of Justice
    said it was taking measures to correct the situation.
        Domestic prison monitors believed that the increase in deaths was
    correlated with worsening prison conditions. According to official
    information during the year, 37 deaths were registered in the
    penitentiaries--an increase from 15 cases in 2009. Most of the deaths
    were due to illnesses, one was due to an accident, and four were
    suicides.
        Corruption among prison officials was also a problem in which both
    prisoners and administration participated (see section 4). In 2009 the
    NGO Helsinki Committee reported the account of a former prisoner at
    Nubarashen penitentiary who claimed that the prison was ruled by a
    clandestine organized criminal system, with rampant corruption
    affecting the prisoners and involving the administration; he described
    secrecy, blackmail, gambling, torture, psychological pressure,
    intimidation, and inducing inmates to commit suicide as prevalent
    practices. The account alleged that bribes had to be paid for legally
    prescribed privileges, such as visits, walks, telephone calls, and
    receipt of packages.
        The Government generally permitted domestic NGOs and international
    rights groups, including the International Committee of the Red Cross
    (ICRC), to monitor conditions in prisons. The ICRC was permitted to
    visit both prisons and pretrial detention centers and did so in
    accordance with its standard modalities. Authorities generally
    permitted CSMB personnel to visit prisons without advance notice.
        In 2008 the National Assembly delegated to the ombudsman
    responsibility for the country's implementation of the Optional
    Protocol to the United Nations Convention against Torture (OPCAT).
    Overseen by the Office of the Ombudsman, a group of four
    representatives of various NGOs and three experts appointed by the
    ombudsman began implementing OPCAT during the year and visited various
    detention facilities and police stations beginning in the summer
    months.
        The Law on the Human Rights Defender does not specify whether the
    ombudsman can serve on behalf of prisoners and detainees to consider
    such matters as alternatives to incarceration for nonviolent offenders
    to alleviate inhumane overcrowding; addressing the status and
    circumstances of confinement of juvenile offenders; and improving
    pretrial detention, bail, and recordkeeping procedures to ensure
    prisoners do not serve beyond the maximum sentence for the charged
    offense. The law does allow the ombudsman, after receiving a complaint
    of a human right violation from any person, to propose corrective
    action by the state to eliminate the committed violation, including
    initiating legal action to invalidate any legal acts of the state that
    violate human rights and fundamental freedoms.
        At the conclusion of its September observation mission, the UNHRC
    working group found some positive developments, including efforts to
    improve physical conditions in the prisons and detention centers it
    visited, and noted that 33 out of 40 police detention centers had been
    refurbished. The statement also stressed the apparent good rapport
    between prisoners, detainees, and prison guards and reported it did not
    receive any allegations of abuse of power or mistreatment by prison
    guards from any inmate.

        d. Arbitrary Arrest or Detention.--The law prohibits arbitrary
    arrest and detention. While statutory law provides for adequate
    judicial review, judges are often reluctant, however, to challenge the
    requests of prosecutors in detaining persons or the conduct of police
    in arresting suspects. Statutory law does not require that a wanted
    person for whom a warrant has been issued be promptly brought before a
    judge for the review of his detention after apprehension. However, case
    law from the Cassation Court requires such prompt judicial review. In
    practice authorities on occasion arrested and detained criminal
    suspects without reasonable suspicion. Authorities continued to detain
    arbitrarily individuals who held political affiliations or engaged in
    activities perceived to be in opposition to the Government.

        Role of the Police and Security Apparatus.--The national police are
    responsible for internal security, while the National Security Service
    (NSS) is responsible for national security, intelligence activities,
    and border control; the heads of both organizations are appointed by
    the president. The police and the NSS continued to lack sufficient
    training, resources, and established procedures to implement reforms
    successfully or to prevent incidents of abuse. Law enforcement bodies
    did little to investigate allegations of abuse within their ranks. As a
    result, impunity remained a chronic, serious problem, particularly
    among police personnel.
        There was no dedicated mechanism for investigating police abuse. By
    law citizens may sue police in court. According to official
    information, during the year the police conducted 24 internal
    investigations into citizens' complaints of police misconduct and
    brutality against detained or arrested persons, witnesses, or citizens.
    Eighteen of the cases were considered unsubstantiated by proof; two
    were in progress; and four cases resulted in disciplinary actions
    towards four police officers, including removal from service in one
    case.
        During the year the SIS conducted four investigations into
    instances of abuse by representatives of law enforcement bodies. Two of
    these cases involving eight defendants were sent to the courts, one was
    dropped due to the absence of a crime, and one was suspended since the
    perpetrator could not be found.
        By law detainees may file complaints before trial to address abuses
    allegedly committed by law enforcement personnel during criminal
    investigations; however, detainees must obtain permission from the
    police or prosecutor's office to undergo the forensic medical
    examination that is required to substantiate a report of physical
    abuse. Human rights NGOs continued to report that authorities rarely
    granted such permission or granted it at a later date when physical
    signs of abuse were no longer visible.
        On March 31, the Government approved the 2010-11 Police Reform
    Program. The program was developed with the support of the Organization
    for Security and Cooperation in Europe (OSCE) and recommended
    structural, organizational, and educational reforms in the police.
    Authorities continued to develop community policing initiatives in
    cooperation with the OSCE, through which two police outreach stations
    were opened in Yerevan's Arabkir District in 2009.
        On May 14, the two opposition members of a fact-finding group the
    Government created and subsequently disbanded after the 2008
    postelection disturbances, released a report on the involvement of the
    armed forces in those events. The report asserted that armed forces
    units were ordered into Yerevan prior to the declaration of the state
    of emergency on March 1 and argued that this was a violation of the
    constitution. As evidence the authors cited a legal analysis of the
    constitution, the numerous contradictions between the statements of
    various officials, available photographic and video material, and a
    2008 top secret directive that was leaked to the press in December
    2009. The directive, issued by then minister of defense Mikael
    Harutyunian, placed the armed forces on high alert, ordered the
    formation and arming of special groups of officers, and created a
    special command structure with broad control over military units
    stationed in and around Yerevan under the leadership of then commander
    of the Yerevan garrison and deputy minister of defense, Yuri
    Khachaturov. On May 4, Armen Sargsian, a former senior defense ministry
    official, was sentenced to two years in prison for leaking the
    document; his subordinate, Lyusia Aivazian, received a one-year
    suspended sentence on the same charges. Following the release of the
    secret directive and the report by the former members of the fact-
    finding group of experts, the political opposition claimed that the
    actions of the authorities represented a coup d'etat.

        Arrest Procedures and Treatment While in Detention.--Within three
    hours of taking a person into custody, the investigative body must
    either formally arrest or release the individual. Within 72 hours after
    taking a person into custody, the investigative body must either
    release the arrested person or bring charges against the individual and
    obtain a detention warrant from a judge. Judges rarely denied police
    requests for detention warrants. At times police summoned individuals
    and held them in excess of three hours, without a formal arrest, on the
    pretext that they were material witnesses to a crime (and not
    suspects). Domestic observers contended police avoided labeling
    summoned persons as suspects to avoid the legal requirement to grant
    them the rights of suspects.
        According to the PMG's 2009 report, the registries of police
    detention facilities noted 257 occasions when the right to meet with an
    attorney had been exercised by the 4,158 persons held in such
    facilities during 2009. This figure included instances when the same
    person met with his attorney several times.
        In its statement of preliminary observations issued in September,
    the UNHRC Working Group on Arbitrary Detention noted the excessive
    powers of police, the NSS, and Border Guards facilitated the arrest and
    detention of numerous individuals without an arrest warrant. Arrests
    were often not a consequence of an ongoing police investigation;
    instead, persons were detained to be investigated.
        The law provides for a bail system; however, in practice most
    courts denied requests for bail, ordering instead either continued
    detention or release of defendants on their own recognizance pending
    trial. In the latter case, defendants were sometimes required to
    surrender their passports and to sign statements promising not to leave
    the country or, in some cases, the city limits. Attorneys and court
    observers complained that while the law requires reasoned decisions be
    made on detention, and that detention be viewed as the measure of last
    resort, in practice detention decisions were often approved
    automatically by courts, with little consideration given to whether
    less restrictive alternatives might suffice to assure the orderly
    administration of justice. The overuse of detention applied also to
    juvenile offenders. There is no separate system for dealing with
    juvenile offenders and, in the view of some observers, the lack of
    demarcation between the adult and juvenile systems fails to recognize
    the unique nature of juvenile justice fully.
        On March 8, the OSCE Office for Democratic Institutions and Human
    Rights (ODIHR) issued the final report on its trial monitoring project
    in the country from April 2008 to July 2009, which contained findings
    from ODIHR's monitoring of the criminal trials resulting from the
    postelection unrest in 2008. According to the report, judicial review
    of arrest and detention did not always meet either international
    standards or national legal requirements, and decisions to keep persons
    who were accused in custody pending trial were not reasoned properly
    and did not adequately address the facts in individual cases. The ODIHR
    report stated that alternatives to custody were seldom explored, and
    defense motions requesting them were frequently not addressed. Police
    arrests were often improperly and inaccurately documented, which
    created doubts about the legality of arrests and detention in police
    custody. The report noted the law treated detention hearings as closed
    hearings. The justification given by judicial authorities for holding
    closed hearings was to protect information obtained during a criminal
    investigation; however, this procedure prevented the media and public
    from monitoring the appropriateness of detention decisions and shielded
    courts from any scrutiny of those decisions.
        The law requires police to inform detainees of their rights to
    remain silent, to make a telephone call, and to be represented by an
    attorney from the moment of arrest. Public defenders must be provided
    in the case of indigent detainees; however, in practice police often
    questioned and pressured detainees to confess to crimes prior to
    indictment and in the absence of legal counsel. The practice of
    detaining individuals as ``material witnesses'' before designating them
    as suspects resulted in the questioning of individuals without the
    benefit of a defense attorney. Police sometimes restricted detainees'
    access to family members and attorneys.
        Between May 28 and 31, police, under the command of Deputy Chief of
    Yerevan Police Robert Melkonian, arbitrarily detained dozens of
    persons--mainly youth activists, representatives of the political
    opposition, and some journalists--who sought to enter the centrally
    located Freedom Square after police ordered them not to do so--in
    several instances resorting to force to deter them (see section 2.b.).
        Lengthy pretrial or preventive detention remained a chronic
    problem. Although the law requires a well-reasoned decision to justify
    grounds for an extension of pretrial custody, judges routinely
    prolonged custody on seemingly unclear grounds. In practice authorities
    generally respected the provision of the law stipulating that pretrial
    detention could not extend beyond 12 months. However, the law does not
    set any limits for detention of defendants once their cases are sent to
    court.
        According to official information, during the year the average
    prison population consisted of 4,807 inmates of which pretrial
    detainees totaled 456 persons and 416 were detainees whose trials were
    in progress.
        In a statement containing its preliminary observations on its
    September 6 to 15 visit, the UNHRC working group noted the ratio in
    prisons between persons in pretrial detention and those convicted
    seemed proportional and adequate, with approximately a quarter of
    detainees on remand.

        e. Denial of Fair Public Trial.--The law provides for an
    independent judiciary; however, courts remained subject to political
    pressure from the executive branch as well as the self-imposed
    expectation that judges would find the accused guilty in almost every
    case. Although judicial corruption continued to exist, courtroom
    observers believe it occurred less frequently than in the past. This
    was due to several reported factors--judicial salaries were raised
    significantly; many corruption cases were brought against mid to low-
    level government personnel (including police officers and prosecutors);
    and the mindset of judges has become more cautious due to a greater
    possibility of disciplinary action and other penalties than in previous
    years.
        Trials usually met many of the procedural standards for fairness;
    however, they were often unfair in substance, because many judges felt
    compelled to work with prosecutors to achieve convictions. Judges were
    reluctant to challenge police experts or hold the prosecution
    accountable for meeting an appropriately high standard of guilt,
    thereby hampering the defendant's ability to mount a credible defense.
        Since 2008 the ECHR has found 13 violations of citizens' right to a
    fair trial as provided under the European Convention on Human Rights.
    In one case decided during the year, the ECHR declared the right of
    access to a court was violated when the Court of Cassation rejected an
    applicant's appeal as not timely without due regard to the fact that
    the applicant was unable to submit the appeal for reasons beyond his
    control. The judgment went into effect on October 4, following the
    Government's unsuccessful appeal of the decision to the Great Chamber
    of the ECHR.

        Trial Procedures.--The law requires most trials be public but
    permits exceptions, including when a secret trial is deemed to be in
    the interest of ``morals,'' national security, or for the ``protection
    of the private lives of the participants.'' Juries are not used. A
    single judge issues verdicts in first instance courts (except for cases
    on crimes punishable by life imprisonment), and panels of judges
    preside in the higher courts. Defendants generally have the right, and
    are generally required, to be present at their trials. They have the
    right to counsel of their own choosing, and the Government is required
    to provide them with defense counsel--a public defender--upon request;
    however, this obligation was frequently not honored in regions outside
    of Yerevan, where there often were not enough defense lawyers.
    Reportedly, defendants would at times refuse their public defenders
    because of the perception that public defenders colluded with
    prosecutors.
        By law defendants may confront witnesses, present evidence, and
    examine the Government's case in advance of the trial; however, in
    practice defendants and their attorneys had very little ability to
    challenge government witnesses, particularly police officers. Under the
    law, police officers are prohibited from testifying at trial in their
    official capacities unless they are testifying as a witness or victim
    in a case. Thus, official police reports detailing the evidence found
    at a crime scene or the confession of a defendant were routinely
    received as evidence without any in-court testimony from police.
    Defense lawyers had almost no ability to challenge the findings of
    these official reports, which were generally considered by courts to be
    unimpeachable. Judges controlled the ``witness list,'' which designated
    the witnesses deemed to have evidence relevant to a criminal case, and
    defense attorneys complained that at times they were not allowed to
    call or obtain the attendance at trial of witnesses whom they believed
    to have evidence helpful to their client's defense.
        Defendants, prosecutors, and the injured party have the right to
    appeal court rulings. Judges generally granted defendants' requests for
    additional time to prepare cases. The law provides for the presumption
    of innocence; in practice, however, this right was frequently violated.
        Courts at all levels failed to give proper consideration to claims
    by defendants or witnesses that they had undergone torture during the
    investigation of their cases. Defense lawyers have the right to present
    evidence of torture to overturn improperly obtained confessions;
    however, judges often did not respond to such evidence, gave it little
    credence, or rejected it outright and issued guilty verdicts in cases
    where witnesses had alleged torture. A reported exception was the
    December 2009 decision of a trial court judge in the Aragatsotn region,
    who recognized as unacceptable the testimony obtained from the
    daughters of Sasha Davtian on the grounds that those testimonies had
    been obtained in an unlawful manner, under duress. In spite of this
    decision, no subsequent investigation or prosecution of those who
    committed the rape was conducted, nor was there an investigation into
    the violence allegedly inflicted on the family by police officers (see
    section 1. c.). Judges also failed to exclude evidence resulting from
    illegal arrests.
        The OSCE/ODIHR trial monitoring report released on March 8 observed
    that the right not to be compelled to testify and the obligation to
    exclude unlawfully obtained evidence were not always respected in
    practice. Defense motions to exclude such evidence were largely ignored
    or denied. In some cases judges relied on pretrial statements of
    defendants which conflicted with their testimonies during the trial,
    despite allegations the pretrial statements were made under duress and
    intimidation. Similarly, judges relied on witness statements despite
    allegations they were obtained under duress. Research on this subject
    by the UN Development Program, in collaboration with the ombudsman,
    concluded that even in the presence of objective indications that a
    party to the trial had been subjected to torture, the courts did not
    raise the issue, and, in rare instances, evidence was admitted even
    when it was officially recognized that it had been obtained as a result
    of an act of torture.
        Domestic observers maintained that judges were somewhat more
    sensitive to the rights of the defense than in years past; however, the
    courts tended to favor the prosecution in all but a few proceedings.
    They cited as evidence the courts' continued denials of defense motions
    and improper editing of the records of court proceedings.
        It was very common for witnesses in criminal cases to disavow in
    court statements they had previously given to police. This may be done
    in part because witnesses fear retribution from the defendant, in part
    because their initial statements were made under police pressure, but
    mostly it is done because it is the custom and practice to recant such
    statements so as to accuse a person in a public forum. As such
    recantations are common in criminal cases, the courts routinely relied
    on a witness's initial statement to find an accused person guilty.
        Expert opinions proffered by the prosecution were often not
    effectively challenged. This circumstance was sometimes due to
    reluctance of the courts to grant motions of defense attorneys
    requesting additional forensic expertise. The OSCE/ODIHR report noted
    that defense lawyers regularly motioned the courts to summon witnesses,
    order forensic expertise, and introduce other additional evidence.
    Courts were generally reluctant to grant such motions and often refused
    to do so without providing a rationale as required by law. Defense
    lawyers claimed that such attitudes prevented them from defending their
    clients, especially if the clients were perceived to be opponents of
    the Government.
        On January 14, the Constitutional Court ruled unconstitutional the
    ``contempt of court'' provision of the criminal code, since it
    envisaged criminal liability only towards witnesses, victims, and
    defense attorneys, but not prosecutors. The ruling was based on the
    application of the ombudsman in response to a request from the Chamber
    of Advocates (defense bar), after two criminal cases were launched
    against four defense attorneys for disrespectful actions towards the
    court. The defense attorneys had walked out of a trial of Khachatur
    Sukiasian, a prominent opposition supporter, member of parliament, and
    businessman whom they were defending, to illustrate that the trial
    could go on without them, as they complained that trials for criminal
    cases were a formality, with verdicts decided by judges before the
    trials started. These and other defense attorneys claimed this put them
    in a difficult situation in which they were present at the trial but
    unable to defend their clients. The four attorneys were acquitted
    following the Constitutional Court ruling.
        Two court decisions during the year appeared to shift the balance
    slightly in the direction of defendants. On March 26, the Cassation
    Court ruled that a statement given to investigators by an individual
    classified by police--the investigative body in the country--as a
    ``witness'' could not be used against that person in a criminal case
    because in reality that person was a suspect whom the police had
    classified as a witness and who had been denied the right to an
    attorney. The court's decision followed a ruling by the ECHR that the
    actual status of a person was determinative of that person's rights,
    and that the artificial determination made by a police officer would
    not determine a person's true status and rights.
        On April 2, the Constitutional Court found unconstitutional a 2007
    provision in the criminal procedural code which allowed trial judges to
    suspend a trial and apply to the Prosecutor General's Office for
    revision of the indictment protocol to include new or aggravated
    charges. The Constitutional Court ruled this provision was in violation
    of the main principles of fair trial and the presumption of innocence.
    This decision, viewed by many observers as significant, reaffirmed the
    judiciary must be independent from the prosecution and that these
    entities cannot coordinate efforts to secure a conviction.
        As in the past, the vast majority of criminal cases sent to trial
    resulted in convictions. Observers reported this was because many
    judges felt it was their job to work with the prosecutors and return
    guilty verdicts. Furthermore, many judges feared they would face
    retribution should they return an acquittal on a sensitive case that
    was important to authorities. Notwithstanding that many weak cases
    resulted in convictions, the high conviction rate could also be
    attributed to police investigators weeding out weak cases and not
    sending them to court. According to court statistics, the courts
    rendered only 31 acquittals (both partial and full acquittals in
    reference to 39 persons) out of a total of 3,307 verdicts announced
    during the year, an acquittal rate of approximately 0.9 percent.
    However, in comparison with 2009, the number of acquittals increased.
        In December 2009 the ombudsman issued a public report in which he
    noted that violations of the right to a fair trial distorted the role
    of the courts as an impartial arbiter, keeping public confidence in the
    administration of justice very low.

        Political Prisoners and Detainees.--During the year authorities
    released four individuals who had been convicted in connection with the
    2008 presidential election and postelection unrest. Two other
    individuals convicted in connection with these events were released
    from prison after serving their full sentences, while a handful of
    other individuals remained incarcerated. Most were supporters or
    members of the political opposition that disputed the outcome of the
    2008 presidential election or participated in postelection
    demonstrations. The arrests and trials of most or all of the
    incarcerated individuals appeared politically influenced to varying
    degrees. Some were charged under broadly defined criminal charges of
    ``usurpation of state authority'' or ``organizing mass disorder,''
    while others were prosecuted under weapons possession laws or for
    resisting arrest. As a result of subsequent amendments to the criminal
    code, the ``usurpation of state authority'' charges were dropped, but
    the other charges remained. Authorities continued to deny the presence
    of political prisoners in the country.
        On January 29 and July 29, Mkrtich Sapeyan and his brother Zhora
    Sapeyan were released after serving their terms of two and two-and-a-
    half years, respectively. They were convicted, in a trial many
    observers considered lacking due process and politically motivated, of
    beating a government supporter who heckled opposition presidential
    candidate Levon Ter-Petrossian in the town of Talin during a 2008
    campaign rally.
        Oppositionists Ashot Manukian, Mushegh Saghatelian, Gabriel
    Gabrielian, and Felix Gevorgian, who had been imprisoned following the
    2008 events, were granted early release on October 29, November 24,
    December 6, and December 9, respectively, after serving half of their
    sentences that many considered politically motivated.
        On February 10, authorities returned Sasun Mikaelian to a prison
    hospital after he underwent a second heart surgery in a private clinic.
    Mikaelian was a supporter of 2008 opposition presidential candidate
    Ter-Petrossian and a former member of parliament who was sentenced to
    eight years' imprisonment for illegal weapons possession and organizing
    mass disorder following the 2008 events in a trial many considered
    politically motivated. Arevik Stepanian, a physician at the clinic,
    claimed that Mikaelian, who in addition to heart trouble suffered from
    war-time injuries, needed physical exercise, a special diet, and
    constant monitoring by a cardiologist. The Ministry of Justice claimed
    that Mikaelian could receive the necessary treatment at the prison
    hospital, a claimhis family members strongly disputed. Throughout the
    yearthere were reports that Mikaelian's health was deteriorating and,
    on more than one occasion, he was taken to a civilian hospital for
    urgent care. The opposition Armenian National Congress (ANC) claimed
    that Mikaelian was eligible for, and should be granted, early release
    on health grounds in accordance with the criminal procedural code.
    However, he remained in a prison hospital at year's end.
        On January 19, Nikol Pashinian, a prominent opposition figure and
    editor of the opposition Haykakan Zhamanak daily, was convicted of
    organizing ``mass disorder'' in connection with the March 2008 events
    and sentenced to seven years' imprisonment in a trial many observers
    considered to be politically motivated. At the same time, Pashinian was
    acquitted of assaulting a police officer during a separate preelection
    opposition demonstration in 2007. The Court of Appeals upheld the
    verdict on March 9 but ruled he was eligible for the June 2009 amnesty,
    and his sentence was reduced by half.
        On February 12, Saribek Sukiasian was detained by police and held
    for 72 hours for allegedly keeping the businessman Gor Davtian hostage
    in his office to renegotiate the terms of ownership of one of the
    companies owned by his brother, Khachatur Sukiasian. Khachatur
    Sukiasian's family and companies continued to be government targets,
    apparently in retaliation for his support of Ter-Petrossian's 2008
    presidential candidacy. Charges against Saribek Sukiasian were dropped
    on June 14 due to lack of evidence. According to official information,
    on October 19, the SIS dropped the criminal case against Sukiasian as
    his participation in the alleged crime was not proven.

        Regional Human Rights Court Decisions.--Once they have exhausted
    domestic legal remedies, citizens may apply to the ECHR for the redress
    of grievances involving an alleged infringement of rights under the
    European Convention on Human Rights. During the year the ECHR announced
    it handed down five judgments against the state and that dozens of
    applications remained pending before the court at year's end. In 2009
    the ECHR issued judgments in nine cases involving the country, eight of
    which found at least one violation of the convention by the state.
        The Government was generally responsive in providing specific
    monetary compensation when ordered to do so by ECHR. However, it was
    substantially less responsive in readjudicating the cases that resulted
    in the violations of the European Convention of Human Rights--and the
    ECHR's subsequent decisions--and in making legislative or
    administrative corrective changes to prevent similar violations. For
    example, on August 13, the Court of Cassation again refused Meltex
    Limited, the parent company of broadcaster A1Plus, a broadcast license,
    despite an ECHR ruling that the Government violated the freedom of
    expression provisions of the convention by failing to provide a written
    explanation for denying it a license in 2002. However, the Government
    paid 30,000 euros ($42,900) to Meltex Limited as ordered by the ECHR.
        In 2007 the ECHR had stated that during the trial of the criminal
    case Misha Harutiunian versus Armenia, Harutiunian's right to a fair
    trial was violated when evidence that had been obtained by torture was
    used as proof of guilt in the case. In its April 2009 decision, the
    Court of Cassation reversed previous judgments against Harutiunian and
    sent the case to the court of general jurisdiction of the Syunik Region
    for a new trial. On March 22, Harutiunian was again convicted and
    sentenced to 10 years in prison, exactly the same amount of time which
    he had already served. The defense appealed the judgment in the Review
    Criminal Court, and the case was pending at year's end. Harutiunian's
    defense attorneys raised issues as to whether the ECHR decision was
    properly enforced. The ECHR judgment had legally obliged the country to
    stop the violation and eliminate its consequences to restore
    Harutiunian to the state existing before the judgment to the highest
    possible extent. The defense challenged the action of the Government,
    alleging that by reconvicting Harutiunian, who had already served his
    entire sentence, the Government had failed to follow the principle of
    restitution. The defense further alleged the evidence used in the
    second trial was insufficient to support the second conviction.

        Civil Judicial Procedures and Remedies.--Citizens had access to
    courts to bring lawsuits seeking damages for, or cessation of, a human
    rights violation; however, the courts were widely perceived as corrupt,
    and potential litigants in civil cases often evaluated the advisability
    of bringing suit on the basis of whether they or their opponents had
    greater resources with which to influence judges. Citizens also had
    access to the Office of the Ombudsman as well as to the Constitutional
    Court in order to challenge the constitutionality of legislation.
        There was no progress during the year in the cases of many Yerevan
    residents whose property was razed on eminent domain grounds, despite
    the Constitutional Court's ruling in 2006 that the 2002 government
    decision authorizing such demolitions violated the constitution. In
    June 2009 the ECHR delivered a verdict in the Minasian and Semerjian
    versus Armenia case, ruling the state had violated the property rights
    of both citizens when expropriating their property. By the end of the
    year, ECHR had not made an accompanying decision on the amount of the
    compensation to be provided.

        f. Arbitrary Interference With Privacy, Family, Home, or
    Correspondence.--The constitution prohibits unauthorized searches and
    provides for the right to privacy and confidentiality of
    communications. However, the Government violated these rights in
    practice.
        By law judges may authorize authorities to wiretap a telephone or
    intercept correspondence only after being presented with compelling
    evidence of criminal activity; however, during the year judges
    arbitrarily granted permission, and searches without warrants
    reportedly occurred. According to a February 23 statement issued by the
    defense attorneys of Saribek Sukiasian, the police on February 13
    conducted an illegal search in the office of ``SIL Concern'' CJSC
    belonging to the Sukiasian family. According to the defense attorneys,
    although the court warrant was issued for a different address, the
    investigator allegedly wrote over the other address to carry out the
    search. The statement also noted police had illegally confiscated a
    computer in the office that contained important material in reference
    to Saribek Sukiasian's case that should have been protected by
    attorney-client privilege.
    Section 2. Respect for Civil Liberties, Including:

        a. Freedom of Speech and Press.--The constitution provides for
    freedom of speech and of the press; however, the Government did not
    always respect these rights in practice. There continued to be
    incidents of violence and intimidation of the press and press self-
    censorship throughout the year. The media, especially television,
    continued to lack diversity of opinion and objective reporting.
    Domestic and international observers expressed concern substantive
    changes to media legislation enacted during the year, in connection
    with the country's planned switchover to digitalized broadcasting,
    could reduce media pluralism and citizens' access to diverse
    information and opinions.
        Individuals could generally criticize the Government publicly and
    privately without fear of retaliation; however, media outlets,
    particularly broadcasters, feared reprisal for reporting that was
    critical of the Government. These reprisals included the threat of
    losing a broadcast license or of a selective tax investigation, as well
    as loss of revenue when advertisers learned an outlet was in disfavor
    with the Government. This fear of retribution led to a high degree of
    self-censorship.
        Most newspapers were privately owned, with the exception of
    government-sponsored Hayastani Hanrapetutiun and its Russian-language
    version, Respublika Armenii. The print media generally expressed a wide
    variety of views without restriction but remained influenced by
    economic or political interest groups or individuals.
        Greater plurality of opinion existed in online publications,
    although the readership of online media remained limited, especially
    outside Yerevan.
        Newspaper circulation remained very limited, as was the audience
    for the country's 20 radio stations, of which three were public and two
    were broadcast from abroad. According to official information, 82
    television stations operated during the year, of which three were
    public and four were broadcast from abroad. All but the three public
    television stations were privately owned, and half of all of the
    television stations operating in the country were small broadcasters
    based in outlying regions. Only the state-owned Public Television (H1)
    had nationwide coverage, although several other stations were able to
    broadcast beyond their home regions. Most stations were owned by
    progovernment politicians or well-connected businessmen, factors that
    continued to prompt journalists working for them to practice self-
    censorship. Major broadcast media outlets generally expressed
    progovernment views and avoided editorial comment or reporting critical
    of the Government.
        During the year there were reports of physical attacks against
    journalists in connection with their journalistic activity. Many of the
    perpetrators remained unidentified. Representatives of law enforcement
    agencies also occasionally harassed journalists during the year. There
    were no new developments in the investigation of attacks against
    journalists recorded in previous years.
        The Government's relationship with journalists, particularly those
    who were independent of, or regarded as hostile to, the authorities was
    not constructive. There were no reports authorities took any special
    measures during the year to protect threatened or vulnerable
    journalists or to punish those who sought to intimidate them.
        On February 24, Gagik Margarian, a police officer seconded to the
    SIS, reportedly attacked photojournalist Gagik Shamshian as Shamshian
    was about to enter the Prosecutor General's Office to cover a press
    conference. When Shamshian refused to stop taking pictures of Margarian
    as Margarian was entering the office, Margarian reportedly swore at
    Shamshian and struck him in the head with a briefcase. During the press
    conference, the prosecutor general encouraged the photojournalist to
    file a complaint and to share with law enforcement bodies the footage
    he had taken. On February 25, an investigation of possible battery and
    obstruction of a journalist's work was launched against Margarian, and
    in a press release issued the same day, the Prosecutor General's Office
    condemned ``all manifestations of violence, regardless of towards whom
    it is directed,'' and posted on its Web site the video footage of the
    incident caught by its security cameras. The video footage depicted a
    scuffle between Shamshian and Margarian, where the two mostly pushed
    each other, but also showed Margarian striking Shamshian's head with a
    briefcase. According to the February 25 medical report issued by the
    hospital he visited after the scuffle, Shamshian suffered damage to his
    ear membrane as a result of the blow; however, according to the
    subsequent March 1 medical forensic examination that formed part of the
    investigation, the injury could not have been sustained as a result of
    the scuffle. On April 9, the case against Margarian was dropped for
    ``lack of a criminal action,'' since according to official information,
    most witnesses attested that Shamshian provoked the attack.
        Investigative journalism was often viewed negatively, especially by
    those who were the subjects of scrutiny. Physical attacks on
    investigative journalists, or other attempts to discourage whistle-
    blowing by journalists, continued to occur. On April 2, the Azg daily
    reported its reporter was attacked by a construction worker when the
    reporter tried to photograph a construction site in downtown Yerevan.
    The worker allegedly struck the reporter on the head and shoulders and
    tried to grab the camera and the bag from him. Nearby students helped
    the reporter escape the attacker. Reportedly the worker threatened the
    journalist, saying that ``your hours are numbered.'' The reporter chose
    not to press charges and remained unidentified.
        On May 31, during a small opposition gathering, police detained
    Susanna Poghosian and Lilit Tadevosian, reporters for the opposition
    newspapers Haykakan Zhamanak and Hayk, respectively, as they were
    performing their journalistic duties. Poghosian and Tadevosian were
    released later the same day.
        On the same day, Ani Gevorgian, another reporter from the
    opposition Haykakan Zhamanak daily, was arrested as she was filming a
    confrontation between police and opposition supporters near Freedom
    Square. She was charged with assaulting a police officer. On June 3,
    she was released by a court on condition she not depart the country. On
    November 29, the criminal case against Gevorgian was dropped.
        On September 7, members of Prime Minister Sargsian's entourage
    accompanying him to the opening of a cultural center in the Shirak
    Region reportedly impeded the journalistic activities of the
    independent GALA television and broke a microphone belonging to the
    company. In a statement released on September 7, GALA described the
    incident as obstruction of journalistic activity. The statement also
    noted that, after the incident, an employee of the prime minister's
    press service offered a verbal apology to GALA's journalist. However,
    on the same day, an assistant to the prime minister denied GALA's
    allegations, claimed that one of Sargsian's bodyguards had accidentally
    broken the microphone's tripod, and stated other journalists present
    could prove it was an accident. The assistant also announced that GALA
    would be compensated for the damages to the company's equipment, but no
    such compensation was provided by year's end.
        At year's end, there were no indications police investigated
    allegations of police abuse in connection with the reported April 2009
    attack on journalist David Jalalian. Jalalian was reportedly attacked
    by police officers before Yerevan's May 2009 municipal election while
    he was covering an opposition gathering in downtown Yerevan. The
    initial reports of the attack, accompanied with photos of Jalalian's
    injuries, were followed by a report that Jalalian testified to the
    police that he was not beaten but instead pushed by police officers and
    fell on his back. Media reports alleged that Jalalian recanted after
    two police officers visited him at his home and threatened him.
        An NSS investigation of an apparent attempt in April 2009 to kill
    Argishti Kivirian, an attorney and the editor of two independent online
    media outlets, continued at year's end. Three assailants attacked
    Kivirian with wooden batons and tried to shoot him in the entryway of
    his apartment building as he returned home from work in the early
    morning. Kivirian was hospitalized in grave condition with severe
    injuries and cuts on his head and body and was placed in intensive
    care. In July 2009 the NSS arrested two suspects, Gurgen Kilikian and
    Vladik Merabian, and charged them with attempted murder but released
    them on March 8 pending further investigation.
        There were no developments in the investigation of the May 2009
    attack on Nver Mnatsakanian, a news anchor and talk show host for the
    private Shant TV television station. Mnatsakanian was attacked and
    beaten by unknown assailants on his way home from work and suffered
    injuries to his head, foot, and hand, requiring treatment in a
    hospital. The case was suspended in September 2009, since the
    perpetrators were not found.
        There were no developments in the investigation of any of the
    attacks on journalists during the May 2009 Yerevan municipal elections.
    On election day, violence and abuse directed at journalists often
    occurred in the presence of police and election officials, who did not
    intervene either to prevent or stop it.
        There was no progress during the year in resolving numerous cases
    of intimidation and violence against journalists and damage to their
    property during the 2008 presidential election. Likewise, no progress
    was made in the numerous cases of widespread harassment and
    intimidation of reporters during the 2008 postelection protests. There
    were no suspects identified or prosecutions initiated in connection
    with these incidents, except in one case of a voting precinct
    chairperson who was fined for restricting the rights of a journalist
    and election observers at a polling place.
        Police reportedly continued their search for two of the three
    persons who violently attacked investigative journalist Edik
    Baghdasarian, known for exposing corruption, in 2008. In June 2009 one
    individual, Karen Harutyunian, was sentenced to five years in prison
    for his role in the attack. Police failed to apprehend the two other
    alleged perpetrators and suspended their investigation in October 2009.
        There was no progress in the investigation of the 2008 attacks
    against Gyumri-based Asparez Journalists Club.
        During the year the GALA television station based in Gyumri
    continued to face legal disputes and government pressure that led most
    advertisers to withdraw their commercials. On April 6, the State
    Revenue Committee (SRC) terminated the customs clearance of equipment
    GALA was seeking to import, claiming the broadcaster owed 822,200 drams
    (approximately $2,100) in fines imposed for its failure to pay back
    taxes in 2007-08. GALA insisted it had no outstanding tax obligations,
    but its equipment was cleared by customs only after the SRC seized the
    822,200 ($2,100) drams from the company. In May GALA's executive
    director, Karine Harutyunian, stated that advertisers were cancelling
    their commercials under government pressure. Only the French-owned
    mobile telephone operator Orange continued to place its commercials
    with the television station. The station's difficulties began in late
    2007 when GALA broadcast a speech by former president Levon Ter-
    Petrossian before he announced his candidacy for the 2008 presidential
    election. Following the broadcast, authorities launched an aggressive
    tax audit and in 2008 charged GALA 26 million drams ($85,000) in back
    taxes, fines, and late fees.
        On December 16, the National Commission on TV and Radio (NCTR)
    turned down the 13th bid for a frequency by the independent A1Plus
    television news outlet, which was forced off the air in 2002. According
    to the NCTR's chairman, Grigor Amalian, A1Plus lost its latest bid for
    a television broadcasting license to another television company because
    it presented false letters of financial support in its application for
    a new license. According to the attorneys of A1Plus, NCTR committed
    procedural violations in its conduct of the competition for the new
    license; they maintained the NCTR should have returned the application,
    requested clarifications, or completely removed A1Plus from the
    competition if it had concerns about the application's contents. A1Plus
    representatives also maintained that even without the funds that were
    pledged in the letters in question, the media outlet still had
    sufficient financial resources to carry out its proposed business plan.
    On December 20, A1Plus announced it had appealed to the administrative
    court to compel the NCTR to provide it with a copy of the application
    package of its competitor and winner of the tender, Armnews TV. NCTR
    had refused to provide the documents to A1Plus immediately after the
    competition, claiming it needed the documents for work, and that the
    documents would be provided only after January 20, 2011. A1Plus stated
    that it would file other appeals with the court on different aspects of
    the December 16 NCTR competition; however, by year's end no such
    appeals had been lodged.
        In 2008, in response to an appeal from A1Plus, the ECHR ruled that
    the NCTR's refusal to provide a written explanation for its repeated
    refusals to grant a license violated the freedom of expression
    provisions of the European Convention on Human Rights. The ECHR
    awarded, and the Government paid, 30,000 euros (approximately $42,900)
    to A1Plus' parent company, Meltex Limited. However, the Cassation Court
    declined a subsequent application by A1plus that it revise its earlier
    decisions to comply with the ECHR decision, on grounds that the ECHR
    decision had not explicitly required it to do so. Meltex then appealed
    to the Constitutional Court, which ruled on February 12 that a
    provision of the civil procedure code the Cassation Court had relied
    upon in its decisions was unconstitutional. The Constitutional Court
    also noted the Cassation Court should have complied with an earlier
    ruling on this subject in an unrelated matter. However, on August 13,
    the Cassation Court again rebuffed a subsequent application by Meltex
    and reaffirmed its earlier decision to uphold the NCTR's decision to
    deny A1 Plus an operating license.
        On May 18, the National Assembly adopted changes to the civil,
    criminal, and criminal procedural codes decriminalizing the offenses of
    ``libel'' and ``insult.'' The changes were enacted in response to calls
    by international organizations for greater protection for freedom of
    expression. Dunja Mijatovic, the OSCE representative on freedom of the
    media, stated the country ``made a significant step forward to support
    freedom of expression.'' Domestic media watchdog groups nevertheless
    asserted the ceiling for pecuniary damages was high in the domestic
    context; they cautioned that, although the authorities cited
    decriminalization as justification for the amendments, the offence of
    ``false denunciation,'' whose definition is very similar to that of
    ``libel'' and ``insult,'' still remained a criminal offense and could
    be used against journalists. At the same time, a statute remained in
    the criminal code criminalizing slander of judges, prosecutors, and
    other representatives of law enforcement bodies. As of year's end,
    there were no reported cases of the new statutes being used.
        The transition from analog to digital broadcasting prompted
    additional amendments to the Law on Television and Radio, which, in
    spite of its stated purpose, were widely perceived as a way of further
    tightening government control of broadcast media and limiting the
    voices of independent media in advance of the next national election
    cycle in 2012-13. On May 10, the Government published draft amendments
    to the law that it claimed were necessary to establish the legal
    framework for the transition. With little time for deliberation, the
    National Assembly, in its last session prior to the summer recess,
    enacted the amendments on June 10, and President Sargsian signed them a
    week later. The drafters of the amendments had offered assurances the
    recommendations of domestic media associations and international
    organizations would be considered when the National Assembly revised
    the drafts, but the final version ignored most of them. These
    amendments followed the 2008 enactment, also done hurriedly and with
    little input from the parties most concerned, of controversial
    amendments to the same law that established a two-year moratorium on
    the issuance of broadcast licenses, also justified on the basis of the
    impending switchover to digital broadcasting.
        While the June amendments failed to address key issues related to
    digitalization, such as the regulation of mobile and Internet
    broadcasting, digital transmitters, and network operators, they
    contained provisions many asserted were not technically necessary for
    digitalization, and, as domestic observers indicated, would
    significantly limit media freedom and pluralism. The June amendments
    would reduce the number of television channels eligible to broadcast in
    Yerevan from 22 to 18 and allow only one local channel to broadcast by
    digital signal from each of the country's 10 administrative regions to
    replace the multiple local television companies already broadcasting
    via analog signals. Regional television companies would be allowed to
    continue broadcasting analog signals until 2015.
        The seemingly arbitrary number of digital broadcasting licenses
    perplexed domestic observers in light of the potential afforded by
    digital technology to expand vastly the number of television channels.
    The Government claimed the reduction was required by the peculiarity of
    the frequency landscape; however, in spite of significant pressure from
    domestic media associations and international organizations, the
    Government did not publicize the technical audit of available
    frequencies on which it claimed the planned reduction was based, making
    verification of the limitations impossible. Representatives from the
    NCTR, including its chairman, Grigor Amalian, had promised to release
    the audit initially in September, and later by October, but had not
    done so by year's end. Furthermore, in response to an inquiry by the
    domestic NGO Committee to Protect Freedom of Expression, the Ministry
    of Economy on December 2 stated that the foreign company which had been
    commissioned to conduct the technical audit had presented its final
    report on August 26--a date well after the Law on TV and Radio had been
    amended in June. The Ministry of Economy also stated that the
    Government had rejected and returned the audit for revision on October
    27. The amendments also imposed thematic directions for each of the
    future digital channels--such as youth-oriented and scientific-
    educational programming, entertainment, music, local and international
    news programming, and rebroadcasting of foreign TV channels--thereby
    restricting what each TV company could broadcast.
        On June 15, OSCE media freedom representative, Dunja Mijatovic,
    whose office provided legal expertise and recommendations throughout
    the amendment process, announced the final version of the law passed by
    parliament failed to promote broadcast pluralism in the digital era.
    Although Mijatovic's office acknowledged that some of the OSCE's
    recommendations were acted upon, it noted others of crucial importance
    for a smooth transition from analog to digital broadcasting were not
    taken into account.
        On July 20, as the 2008 moratorium on the issuance of new licenses
    expired, the NCTR issued a tender for applications for 18 broadcast
    licenses for nationwide, Yerevan-based, and regional broadcasting. On
    July 27, it issued a second tender for applications for seven more
    broadcast licenses, reportedly for TV broadcasters in the country's
    regions, notwithstanding that the June amendments specified that only
    18 requests for broadcast licenses would be tendered. In October the
    NCTR announced that 20 media companies had applied for the 18 broadcast
    licenses it had tendered in July, with two of the licenses each being
    bid on by two competitors. On December 16, the NCTR selected the
    winners for the 18 licenses. A1Plus lost its bid to the Yerevan-based
    Armnews TV, widely perceived as a progovernment company. The Yerevan-
    based ALM TV, which unlike A1Plus had an existing broadcasting license
    and was in operation at year's end, lost its bid to Yerevan-based
    Yerevan TV.
        On December 23, the NCTR announced the winners of the seven bids
    for regional-based broadcasting in the country's regions. Only two of
    the seven bids involved more than one competitor. GALA TV in the Shirak
    Region lost its bid in one of these competitive tenders to a television
    station widely perceived as progovernmental also operating there.
        Prompted by the controversy sparked by the June amendments to the
    Law on Television and Radio, the Presidency announced on September 28
    its recommendation to the ombudsman that he lead a working group to
    review the legislation and its effect on the digitalization process.
    The ombudsman accepted the offer and, on October 12, the group,
    consisting of representatives of various NGOs and state bodies, held
    its first meeting. At year's end, the working group had yet to issue
    any recommendations for amending the legislation passed in June, and it
    remained unclear when it would do so.
        On September 16, the National Assembly passed amendments that
    significantly increased the fees charged to broadcasters--both annual
    fees for broadcasting and one-time fees for participating in a tender
    for a broadcast license. According to some observers, while the amount
    of the new fees was understandable considering the very low fees
    broadcasters had previously paid, their rapid escalation could
    nevertheless pose an insurmountable burden for smaller companies,
    especially those operating in the country's regions.

        Internet Freedom.--During the year there were no government
    restrictions on access to the Internet or reports of suspected
    government monitoring of e-mail or Internet chat conversations. During
    the year there were no reported cases of the Government deliberately
    blocking independent or pro-opposition Web sites, as it had done during
    the 2008 state of emergency.
        Internet cafes were widely available in the cities, although
    Internet service provider connections were often extremely slow, thus
    limiting their effectiveness. Some Internet cafes also operated outside
    urban areas. According to International Telecommunication Union
    statistics for 2010, approximately 7 percent of the country's
    inhabitants used the Internet.

        Academic Freedom and Cultural Events.--On April 16, the Ministry of
    Education and Science prohibited the premiere showing of the film
    Election by Tigran Paskevichian at the National Center of Aesthetic
    Education. The film depicted the developments prior to and following
    the disputed 2008 presidential election. In explaining the decision, a
    ministry official, Arman Aivazian, referred to a provision of a
    governmental decree that prohibited religious and political
    organizations from conducting activities in not-for-profit
    institutions. Paskevichian denied the applicability of this statute to
    the movie showing and insisted his freedom of speech had been
    infringed. The film was eventually broadcast on GALA Television and was
    shown in small halls belonging to opposition parties.

        b. Freedom of Peaceful Assembly and Association.--Freedom of
    Assembly.--The constitution provides for freedom of assembly; however,
    authorities restricted this right in practice, particularly the
    assembly of individuals perceived to be political opponents.
    Authorities continued arbitrarily to deny requests by opposition
    parties and other groups to gather or hold rallies in originally
    requested venues of Yerevan. Some groups reported lack of access to
    closed venues as well.
        Domestic observers perceived the current Law on Conducting
    Meetings, Assemblies, Rallies, and Demonstrations and its
    implementation as unfairly restricting individuals' right to assemble,
    with the implementation of the law giving authorities unfettered
    discretion to grant or deny permission to conduct meetings and rallies.
    According to the law, organizers must notify authorities about all
    planned gatherings with the exception of not mass public events (fewer
    than 100 persons) and spontaneously formed events. Observers
    complained, however, that these procedures were heavily regulated and
    contained loopholes that permitted abuse by the authorities. For
    example, although the law states that an authorized body is required to
    consider the notification of a mass public event (over 100 persons)
    within 72 hours of receiving it, and the organizers must be immediately
    informed about a decision, the law appears to prohibit any assembly if
    a decision is never made by the authorized body. Furthermore, observers
    noted the criteria under which rallies may be denied are highly
    subjective, as any ``justified official opinion'' of the police or the
    National Security Service may be used to justify such a denial to
    permit assembly or to terminate an assembly that already began.
        On May 25, in a report on freedom of assembly over the period 2008-
    09, the ombudsman concluded that the country's practices regarding
    peaceful assembly did not correspond with applicable international
    standards. The report stated that, although legislation on freedom of
    assembly was largely brought into line with international standards in
    2004, it still contained ambiguous provisions that resulted in
    inconsistent application of the law, particularly when reviewing
    notifications, which led to legal uncertainty as to when applications
    could be denied. The report concluded the conduct of authorities in
    many cases supported the claim they did not adequately appreciate the
    importance of freedom of assembly or its utility in helping a country
    resolve its national problems.
        During the year authorities prevented, dispersed, or otherwise
    interfered with gatherings by organizations it associated with
    opposition to its policies. On at least eight occasions during the
    year, authorities dispersed opposition ANC and other groups seeking to
    hold small scale demonstrations in Freedom Square or rejected permit
    applications by them to do so. Freedom Square reopened in May after two
    years of closure for construction of an underground parking lot. The
    square is particularly symbolic, as it has served as the country's
    historic venue for demonstrations against sitting governments. The
    square was the site of 10 days of peaceful protests following the
    disputed 2008 presidential elections until security forces used force
    to dislodge the protesters.
        In the course of heading off one of these demonstrations, police
    told the demonstration leader his group could rally anywhere in Yerevan
    but Freedom Square. On at least two occasions, authorities cited other
    events that purportedly had been scheduled at the same time; however,
    observers noted that no notice of these events had been published. In
    several instances, police efforts to prevent the demonstrations
    resulted in violence, injuries, and the detention of some
    demonstrators.
        On May 31, a skirmish between ANC supporters and police occurred
    when police stopped approximately 50 ANC supporters from entering
    Freedom Square. Police forcibly detained approximately 20 demonstrators
    and three journalists working for opposition newspapers. One of the
    detained journalists accused the police of beating and pushing
    individuals at the scene, regardless of whether they were ANC
    supporters or ordinary citizens. All but three of those detained were
    released within a few hours. The exceptions were journalist Ani
    Gevorgian and two youth activists, Sargis Gevorgian and Davit
    Kiramijian. In a written statement defending their actions, police
    stated that Sargis Gevorgian and Kiramijian struck a police sergeant
    and tore off his epaulettes; they provided no reason for Ani
    Gevorgian's arrest. The lawyer for the three claimed that all three
    were subjected to violence and suffered injuries. Ani Gevorgian and
    Sargis Gevorgian were released after 72 hours but were charged with
    violence towards a representative of authority. Davit Kiramijian,
    charged with hooliganism, was held without bail pending police
    investigation; however, he was released on July 2 following a court
    order. The combined trial for Davit Kiramijian and Sargis Gevorgian
    began on July 14 and, on December 28, both were convicted and given
    suspended two-year prison sentences. The investigation of the separate
    case against Ani Gevorgian, charged with using violence against two
    police officers, was dropped on November 29.
        According to official information on the investigation of criminal
    cases launched in connection with the incidents occurring in and around
    Freedom Square from May 26 to June 1, police actions were deemed
    legitimate. The investigation found that ANC supporters had held mass
    gatherings in Freedom Square without permission from the municipality,
    disturbed the peace of citizens and various organizations, and insulted
    and attacked police officers, resulting in injury to several officers.
    The ANC denied these claims, asserting all the attempted gatherings
    were peaceful, small in size, and thus not requiring advance
    authorization.
        In addition to preventing demonstrations in Freedom Square, police
    interfered with a number of other efforts by opposition groups to
    assemble peacefully during the year.
        On February 19, ANC youth attempted to march in the center of
    Yerevan to mark the second anniversary of the disputed 2008
    presidential elections. Police pushed them out of the street and
    cordoned off their rally area. Six youths were detained and released
    several hours later.
        On March 1, the ANC held a rally in front of the Institute of
    Ancient Manuscripts. Police did not disperse the rally but reportedly
    tried to limit access to roads leading into Yerevan and denied buses
    entry into the capital. There were also reports police summoned ANC
    supporters outside of Yerevan and tried to persuade them not to
    participate in the rally. There were similar efforts by police to
    prevent persons from the regions from travelling to Yerevan to
    participate in other demonstrations.
        On March 27, the ANC attempted to hold a town hall meeting in
    Gyumri in a privately owned sports center. The landlord accepted the
    rental payment, but after the meeting was announced in the press, NSS
    officers reportedly visited the landlord and compelled him to cancel
    the agreement. A second attempt by the ANC to hold the meeting in a
    movie theater was unsuccessful after the NSS reportedly pressured the
    theater owner to cancel that rental agreement.
        The municipality of Yerevan rejected the application of the ``We
    Are against Foreign Schools'' initiative to organize a concert on June
    19 in Aznavour Square in front of the Moscow Cinema.
        On July 28, according to media reports, police used force to
    prevent a group of environmental activists from blocking the entrance
    to the Russia-based VTB Bank in downtown Yerevan. The activists were
    protesting mining, principally financed by the bank, in the country's
    Teghut forest. Armen Dovlatian, chairman of the Greens Union, was
    reportedly injured, while environmental activist Mariam Sukhudian was
    reportedly struck.
        On September 29, the Armenian Revolutionary Federation
    (Dashnaktsutyun) political party , was able to hold a small rally in
    the town of Ashtarak despite the refusal of local authorities to
    sanction the rally and a subsequent decision of an administrative court
    on September 28 upholding the refusal.
        On November 9, a videotaped skirmish occurred between police and a
    small number of ANC youth picketers who were protesting outside a
    Yerevan hotel at the start of an EU-organized human rights seminar. The
    skirmish broke out when police attempted to move the picketers forcibly
    behind a cordon they erected after the youth had already begun their
    peaceful picket. The police briefly detained youth activists Areg
    Gevorgian, Sargis Ghazarian, Sargis Gevorgian, and Vahagn Gevorgian,
    claiming that they disobeyed lawful demands, insulted and attacked a
    police official, and launched a criminal case of violence against
    representatives of authorities. The activists claimed policed punched
    and kicked them at the police station. According to official
    information, the criminal case was dropped on December 28 with the
    investigation showing the youth had no intention of violating public
    order. Authorities did not investigate or question the legality of the
    police actions in breaking up the peaceful picket.

        Freedom of Association.--The constitution provides for freedom of
    association, and the Government generally respected it in practice;
    however, registration requirements for all political parties,
    associations, and secular and religious organizations remained
    cumbersome. The law stipulates citizens have the right to form
    associations, including political parties and trade unions, except for
    persons serving in the armed services and law enforcement agencies.

        c. Freedom of Religion.--For a description of religious freedom,
    please see the Department of State's 2010 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, there were some restrictions in practice. The
    authorities 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.
        During the year there were numerous credible reports authorities
    prevented citizens residing outside Yerevan from travelling to attend
    opposition rallies in the capital.
        To leave the country on a temporary or permanent basis, citizens
    must obtain an exit visa. Exit visas for temporary travel out of the
    country may be routinely purchased within one day of application for
    approximately 1,000 drams (approximately $3) for each year of validity.
        The law does not prohibit forced exile, but there were no reports
    the Government used it.

        Internally Displaced Persons (IDPs).--During the country's war with
    Azerbaijan over Nagorno-Karabakh, authorities evacuated approximately
    65,000 households from the border region, but most IDPs later returned
    to their homes or settled elsewhere. Of the remaining IDPs, almost two-
    thirds could not return to their villages, which were surrounded by
    Azerbaijani territory. Other IDPs chose not to return due to
    socioeconomic hardship or fear of land mines. A 2005 mapping study
    conducted by the Norwegian Refugee Council, together with the Migration
    Agency under the Ministry of Territorial Administration, found that
    8,399 IDPs resided in the country. There were no further studies to
    estimate current numbers of IDPs.
        During a visit to the country in September, the UN representative
    on the human rights of IDPs, Walter Kaelin, cited a lack of adequate
    housing and limited economic opportunities as remaining obstacles faced
    by some of the country's IDPs.

        Protection of Refugees.--The laws provide for granting asylum or
    refugee status, and the Government has established a system for
    providing protection to refugees.
        The law on refugees and asylum adopted in 2009 incorporated the
    basic principles of refugee protection established by the 1951
    Convention relating to the Status of Refugees, bringing most aspects of
    the admission and treatment of asylum seekers and refugees into
    conformity with international standards, ensuring respect for the right
    to asylum, and addressing national security concerns. Since its
    adoption, the Government, in consultation with the UNHCR, has issued
    nine by-laws setting up procedural standards for the implementation of
    the law.
        In practice authorities provided protection against the expulsion
    or return of refugees to a country where their lives or freedom would
    be threatened on account of their race, religion, nationality,
    membership in a particular social group, or political opinion.
    Authorities also provided temporary protection during the year.
    According to the Migration Service, 50 persons applied for asylum
    during the year. During the year the Government granted asylum and
    refugee status to 14 persons.
        There was an established procedure for granting asylum that
    included amnesty for the illegal entry of an asylum seeker and access
    to the territory for individuals seeking asylum. Asylum seekers
    experienced prolonged delays at the airport's international zone while
    waiting for their asylum application to be registered. Asylum seekers
    who were serving sentences for illegal entry were generally not
    released immediately following the registration of their asylum
    applications and were required to serve the remainder of their
    sentences.
        The UNHCR reported at least one case of extradition of a person who
    contacted the UN expressing a clear wish to claim asylum. The UNHCR had
    immediately passed the information to the relevant state authorities;
    however, the person was extradited despite the efforts of the State
    Migration Service and the UNHCR to prevent it. In its September
    statement, the UN Human Rights Council's Working Group on Arbitrary
    Detention noted its concerns that asylum seekers not be turned away at
    the border or after detention without an opportunity to claim asylum in
    accordance with internationally accepted procedures.
        Due to a lack of institutional capacity, the authorities often
    struggled to integrate asylum seekers into society once they were
    granted permanent residency status. Temporary housing for refugees and
    asylum seekers was often inadequate in supply and in poor condition.
    Refugees faced the same social and economic hardships that confronted
    the general population.
    Section 3. Respect for Political Rights: The Right of Citizens to
            Change Their Government
        Although the law provides citizens with the right to change their
    government peacefully, that right was restricted in practice due to
    repeated, significant flaws in the conduct of elections.

        Elections and Political Participation.--On January 10, three
    candidates competed in a by-election to fill the seat formerly held by
    a government opponent, Khachatur Sukiasian, who in September 2009
    relinquished his seat in protest against the parliament's stripping of
    his parliamentary immunity as well as the immunity of three other
    members who supported the presidential campaign of opposition leader
    Levon Ter-Petrossian in the 2008 presidential elections. One of the
    candidates for the seat included prominent jailed oppositionist Nikol
    Pashinian, who remained incarcerated at year's end on charges related
    to the 2008 postelection unrest.
        In December 2009 four youth activists were accosted and beaten by
    more than 20 assailants in downtown Yerevan while distributing
    election-related materials on behalf of Pashinian's campaign in the by-
    election. The police launched a criminal case and charged Vahan
    Nadarian and David Simonian, reportedly progovernment loyalists, with
    provoking the incident. Opposition officials alleged that supporters of
    the ruling RPA carried out the attack, but Simonian denied the
    allegations. Charges against Nadarian were later dropped due to lack of
    evidence, while Simonian was charged with infliction of willful slight
    damage to health and battery and, on April 2, was convicted and fined
    150,000 drams ($345).
        The by-election was marred by numerous reports of irregularities,
    including intimidation of voters; verbal and physical threats directed
    at journalists, observers, and candidate proxies; ballot stuffing; and
    the unregulated presence in polling places of nonvoting individuals
    sympathetic to the progovernment National Unity Party candidate. In
    some instances, these individuals, rather than electoral commission
    members, appeared to be managing the electoral process.
        On election day, Petros Makeyan, a campaign manager for Nikol
    Pashinian, and two companions were hospitalized after being beaten
    outside a polling station. Authorities launched a criminal case, but
    the case was subsequently dropped.
        According to HCAV, a domestic organization that observed the
    election, the chairperson of polling station number 10/19, after
    receiving complaints about election violations, forcibly evicted those
    who had complained and closed the polling station for over an hour.
    During the station's closure, the voters' lists disappeared temporarily
    until the chairperson returned them, removing them from his jacket.
    During the day, some voters arriving at the polling station discovered
    that somebody had already voted under their names. The election
    commission refused to discuss the numerous complaints lodged with it
    over its administration of the voting. The results at this and one
    other polling station were later invalidated.
        In its findings, HCAV said it observed open voting in 10 polling
    stations; directed voting and campaigning in 18 stations; and
    intimidation, threats, and restriction of rights of proxies, observers,
    and reporters in eight polling stations. Voting in the by-election was
    conducted in 34 polling stations in Yerevan's Kentron District.
        The by-election produced a very low turnout with numerous observers
    attributing this circumstance to growing public apathy about politics
    and distrust of the flawed electoral processes. An estimated 23 percent
    of approximately 56,000 eligible voters cast their ballots. In 2007
    voter turnout in the same parliamentary district was 53 percent.
        Women's participation in political and public life, especially in
    decision-making bodies, remained low. There were 11 women in the 131-
    seat National Assembly, two in the cabinet, and no female governors.
    Only five of the incoming 52 Yerevan City Council members were women,
    and no women headed any of Yerevan's 12 administrative districts. The
    ombudsman's annual report, released in March, pointed out the
    inadequate participation of women in the country's political life. The
    election code stipulates that at least every 10th person on each party
    list submitted for parliamentary elections should be a woman, and at
    least 15 percent of the individuals submitted in parties' final lists
    should be women. Although many observers considered the quota
    insufficient, the final seat allocation for women was often lower than
    that mandated in the electoral code. For example, only two of the 63
    members of parliament representing the ruling RPA were women.
    Section 4. Official Corruption and Government Transparency
        Corruption remained a problem, with authorities taking limited
    preventive or punitive measures against it. While the law provides
    criminal penalties for official corruption, the Government did not
    implement the law effectively or evenly, and officials frequently
    engaged in corrupt practices with impunity. Although two high level
    officials were arrested in February for taking bribes and the minister
    of agriculture received a public reprimand in March for misuse of
    government funds, no concrete actions were taken to address the
    systemic corruption in government.
        The World Bank's Worldwide Governance Indicators also reflected
    that corruption continued to be a serious problem. Civic groups working
    to address corruption stated authorities continued to ignore media
    reports implicating government officials in corrupt practices.
        Beginning in January 2009, all public officials and their family
    members, as well as citizens with annual incomes exceeding eight
    million drams (approximately $21,000), were subject to financial
    disclosure laws, according to which they had to file their asset
    declarations no later than April 15; however, it was unclear to what
    extent officials and individuals with high incomes complied. According
    to domestic observers, tax authorities lacked the capacity and
    resources to verify the reliability of asset declarations.
        Government programs to curb chronic corruption continued to produce
    few tangible results. The activities of the Governmental Anticorruption
    Strategy Monitoring Commission and Anticorruption Council continued to
    be viewed with skepticism. In 2009 the Government approved a 2009-12
    anticorruption strategy following two years of development and six
    months of wide-ranging discussions in Yerevan and the regions and the
    posting of the strategy on the Government's Web site; however, the
    Government failed to fund implementation of the strategy and devoted no
    money for anticorruption efforts.
        On January 22, President Sargsian told the Control Chamber (an
    official auditing body that monitors government budgetary activity) it
    must work more closely with law enforcement authorities and press
    harder for the prosecution of state officials suspected of embezzling
    public funds and engaging in corrupt practices. Sargsian acknowledged
    the lack of prosecutions of government officials on corruption charges
    undermined public trust. Ishkhan Zakarian, head of the Control Chamber,
    reported the chamber had inspected all ministries and government
    agencies in 2009 and reported 21 cases of embezzlement to state
    prosecutors.
        On February 18, the Prosecutor General's Office accused Tigran
    Grigorian, head of the Ministry of Nature Protection's State Ecological
    Inspectorate office, and his deputy, Arsen Petrosian, of accepting five
    million drams (approximately $13,000) in bribes from a mining company
    to reduce the company's fines for violations of environmental safety
    rules. On August 6, the court sentenced Grigorian to seven years in
    prison, and Petrosian to 10 years' imprisonment, on charges of
    accepting a bribe.
        On March 4, during a cabinet meeting, Prime Minister Sargsian
    publicly reprimanded the agriculture minister for misuse of government
    funds. The Control Chamber discovered the Agriculture Ministry had
    purchased cattle medication for farmers from a private supplier at
    grossly inflated prices. Sargsian asked the state body overseeing the
    civil service to dismiss the two senior Ministry of Agriculture
    officials in charge of procurement.
        On March 26, newspapers reported allegations that Hovhannes
    Hovsepian, head of the Control Service under the Presidency, arranged
    for relatives to be appointed to government positions. One sister was
    appointed as head of a state medical college while another sister was
    appointed head of a maternity hospital. Hovsepian also allegedly
    arranged for his brother-in-law to be appointed deputy head of a
    department of the real estate registration agency.
        On December 27, a criminal case was launched against Alvaro
    Antonian, the head of the Seismic Protection Service, for allegedly
    misappropriating three million drams ($8,000) in a French government-
    sponsored assistance program to establish a network of seismic stations
    in the country.
        On May 5, the Office of the Prosecutor filed a criminal case
    against Areg Hayrapetian, head of the legal and inspection department
    of the Ministry of Culture, for abuse of office. Hayrapetian allegedly
    arranged for the ministry to pay 19,600,000 drams ($53,000) to a
    private insurance company which he owned for services that were never
    provided.
        While the constitution prohibits individuals with active business
    interests from holding public office, the authorities continued to
    ignore the prohibition in practice and ignored violations. Prominent
    businessmen continued to occupy seats in parliament, while various
    government officials reportedly continued to use their offices to
    promote their private business interests.
        On February 9, newspapers published a photograph of a large manor
    alleged to be the home of Minister of Nature Protection Aram
    Harutyunian. One article alleged that the minister owned three gas
    stations, a hotel-restaurant complex, and an asphalt factory. On March
    4, another newspaper reported that member of parliament Hrant Grigorian
    allegedly declared an annual income of 190,000,000 drams ($512,000) in
    addition to his government salary of 311,000 drams ($840) per month.
    The newspaper said it had discovered that Grigorian owned a private
    transportation company, a gas station, a hotel complex, a restaurant,
    and a store.
        Corruption remained a significant problem in the police and
    security forces. In spite of efforts further to reduce bribe taking by
    traffic police, citizens continued to report being solicited to pay
    bribes, although less frequently than in previous years. Citizens also
    reported police officers solicited bribes to drop criminal cases or
    reduce penalties. Corruption in prisons continued to be a problem,
    exacerbated by low salaries and poor and sometimes dangerous working
    conditions for prison employees. In certain facilities, prisoners
    bribed officials to obtain single occupancy cells and additional
    comforts. There were unverified reports prison officials charged
    unofficial fees to family members and friends seeking to deliver meals
    to inmates.
        There were widespread reports about corruption in the Medical-
    Social Expertise Commission (MSEC) under the Ministry of Labor and
    Social Affairs, the body that determines a person's disability status
    (see section 6).
        During the year the Control Chamber published similar findings on
    gross violations and financial abuse in numerous state bodies; as in
    previous years, however, these cases were rarely prosecuted.
        According to official statistics, various law-enforcement bodies
    launched 420 corruption-related cases during year. During the year the
    courts convicted 159 persons, including 79 officials. The majority of
    officials investigated or convicted were section heads or other low-
    level officials.
        While the law provides for public access to government information,
    in practice many government bodies and officials were reluctant to
    provide such access. As of year's end, the Government had not adopted
    the regulations on the collection and provision of information that
    were required by, and supplementary to, the 2003 Freedom of Information
    Law. Officials cited the absence of these regulations when refusing to
    provide information. NGOs were more successful in gaining access to
    information through the courts than obtaining it directly from
    government agencies.
        In 2008 the Freedom of Information Center published the results of
    a survey on journalists' access to information, which reported
    difficulty accessing official information remained a serious problem.
    The survey claimed the main obstacle to obtaining official information
    was the mentality of officials who viewed information at their disposal
    as their private property. Other obstacles included the absence of
    formal procedures for storing and providing information as well as the
    low level of awareness among journalists of their rights.
    Section 5. Governmental Attitude Regarding International and
            Nongovernmental Investigation of Alleged Violations of Human
            Rights
        A number of domestic and international human rights groups
    generally operated without government restrictions, freely
    investigating and publishing their findings on human rights cases.
        During the year independent domestic human rights organizations and
    domestic affiliates of international organizations operated in the
    country. Authorities generally did not deny requests to meet with
    domestic NGO monitors and followed some NGO recommendations,
    particularly those related to social welfare, education, and local
    matters. Authorities were usually unresponsive, however, to NGO
    allegations of mistreatment and abuse committed by law enforcement
    bodies. Authorities' general response in such instances was that they
    had investigated the allegations but could not corroborate them.
        On August 5, without any prior consultations with interested
    parties, the Government adopted a highly controversial decree
    establishing an oversight body under the Ministry of Justice to watch
    over the ``legality'' of activities of nonprofit organizations. The
    stated objectives of the new body were to provide for the compliance of
    nonprofit organizations with domestic legislation, to reveal cases of
    their violating the law, and to increase the transparency of their
    finances. The decree gives broad authorities to the new oversight body,
    which, among other powers, will be able to inspect NGOs and demand they
    be suspended or closed without providing a mechanism for appeal. NGOs
    criticized the decree as unconstitutional and the oversight body as a
    means for establishing complete governmental control over civil society
    organizations. According to NGOs, the creation of the oversight body
    followed failed attempts by the Government in 2009 to push similarly
    restrictive legislation through the National Assembly.
        On March 11, the prosecutor's office announced that charges against
    Mariam Sukhudian, a young environmental activist, had been dropped. In
    August 2009 police charged Sukhudian with falsely reporting a crime
    after she publicly reported instances of sexual and other abuse at a
    state-run boarding school for children with special needs in 2008. The
    charges were downgraded to slander in October 2009. The defendant and
    domestic human rights monitors criticized the charges as retaliation
    for Sukhudian's bringing the abuses to light.
        On February 5, the court acquitted Arshaluis Hakobian of the
    domestic Helsinki Association NGO, who was on trial for assaulting
    police officers, after the prosecution withdrew all charges for lack of
    evidence. Police arrested Hakobian in June 2009, claiming he had
    assaulted police officers while they were summoning him to appear at
    SIS in connection with an official complaint of electoral fraud that
    Hakobian filed after the May 2009 municipal elections. According to
    Hakobian, police officers beat him on the way to and at the police
    station and denied him access to a lawyer during the initial hours of
    his detention. CSMB members visited Hakobian in prison and reported
    numerous injuries on his legs, hands, back, and head.
        There were no developments in the investigation of the assaults
    against youth activists Arsen Kharatian and Narek Hovakimian in 2008.
        There was a human rights defender (ombudsman) with a mandate to
    protect human rights and fundamental freedoms from abuse by the
    national, regional, and local governments and their officials. During
    the year the ombudsman issued both regular and unscheduled reports on
    human rights problems. The law requires the ombudsman to present an
    annual report to the National Assembly during the first quarter of
    every year, but parliament did not schedule its hearing on the
    ombudsman's 2009 annual report until November 15. The Government has
    generally been unresponsive to the ombudsman's reports; it never
    answered the questions raised in the ombudsman's 2008 report on that
    year's postelection violence, choosing to criticize the report instead.
    During the year the Ombudsman's Office received 4,089 complaints from
    5,221 citizens; it resolved 123 of these complaints with 562 persons
    reportedly receiving redress for their grievances.
        In September 2009 the ad hoc parliamentary commission set up to
    investigate the postelection disturbances of 2008 reported that it was
    unable to shed more light on the 10 deaths that occurred and urged law
    enforcement authorities to do more to identify and prosecute those
    responsible. In June 2009 President Sargsian disbanded the bipartisan
    fact-finding group of experts he established to assist the commission
    in its inquiry. According to domestic observers, the disbanding of the
    fact-finding group was connected to the leaking of sensitive reports
    that assigned culpability to authorities for some of the 10 deaths.
        In December 2009 the PACE Monitoring Committee criticized the
    commission's self-censorship for not sufficiently challenging the
    official version of events. It also deplored the report's one-sided
    description of events and lack of discussion of the postelection arrest
    and prosecution of a large number of opposition supporters.
    Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
        The constitution and law prohibit discrimination based on race,
    gender, disability, language, or social status; however, the Government
    did not effectively enforce these prohibitions in practice.

        Women.--Rape is a criminal offense and carries a maximum penalty of
    15 years' imprisonment. There are no explicit laws criminalizing
    marital rape. According to police information cited by the Prosecutor
    General's Office, nine cases of rape and attempted rape were registered
    in the country during the year. In connection with these cases, nine
    individuals were prosecuted, seven were convicted, and two cases were
    still under investigation. According to official information, none of
    these reported cases constituted marital rape. Crimes such as rape
    continued to be underreported due to the social stigma attached to
    them.
        There is no law against domestic violence. Few cases of spousal
    abuse or other violence against women were reported during the year,
    although such violence was believed to be widespread, a belief
    supported by a study released by the UN Population Fund (UNFPA) in
    July. That study, conducted during 2008 and 2009 with the cooperation
    of the National Statistical Service, indicated that partners had
    subjected 61 percent of women to controlling behavior, 25 percent to
    psychological violence or abuse, 8.9 percent to physical violence, and
    3.3 percent to sexual violence. Perpetrators other than husbands and
    other intimate partners subjected 2.3 percent of women to physical
    violence and 0.1 percent to forced sex. The survey revealed that 7.4
    percent of women gave up or refused a job because their partner did not
    want them to work; 8.7 percent said their partners had taken their
    earnings or savings against their will; and 60.9 percent of women who
    had a partner during their lifetime were unemployed. The survey also
    showed that violence against women had an adverse effect on women's
    health and their social, mental, physical, and economic well-being.
        Local experts indicated the survey findings did not reflect the
    full scope of domestic violence, since the household survey was not
    anonymous.
        On October 4, the Armavir Development Center, a domestic NGO,
    presented the results of an anonymous survey it had conducted among 300
    women in the Armavir Region in November and December 2009. According to
    the findings, 68 percent of women interviewed admitted being subjected
    to psychological abuse (42 percent of these women indicated the abuse
    occurred either often or sometimes); and 38 percent of women
    interviewed admitted being subjected to physical abuse (21 percent
    indicating often or sometimes). According to the findings, 76 percent
    of those who were subjected to physical violence did not ask for help,
    but those who did applied to family or neighbors. The survey revealed a
    connection between the level of education and location (for example,
    rural versus urban), with more educated, urban-dwelling women
    considering psychological abuse or physical violence inflicted by
    spouses to be unacceptable.
        In another anonymous 2007 survey commissioned by the domestic
    Women's Rights Center NGO, 66 percent of respondents acknowledged that
    family members had subjected them to psychological abuse, and 39
    percent considered themselves victims of either moderate or severe
    physical abuse.
        According to domestic observers, most cases of domestic violence
    continued to go unreported because victims were afraid of physical
    harm, were apprehensive that police would return them to their
    husbands, or were ashamed to disclose their family problems.
        On October 1, police launched an investigation into the death of
    20-year-old Zaruhi Petrosian, a resident of the town of Masis, who was
    hospitalized late on September 30 with a brain hematoma, a broken
    finger, and bruises on her body. The police subsequently arrested Yanis
    Sargisov, Petrosian's common law husband, on charges of willful heavy
    damage to health leading to death by negligence. The criminal
    investigation was later transferred to the investigation department of
    the Ministry of Defense in light of Sargisov's service in the armed
    forces. According to Hasmik Petrosian, Zaruhi Petrosian's sister,
    Zaruhi had long been physically abused by her husband and mother-in-
    law. Officials stated the investigation could not corroborate abuse by
    the mother-in-law. At year's end, the investigation of Sargisov
    continued while he remained in custody. Petrosian's child remained in
    an orphanage while the mother-in-law and Petrosian's sister both
    claimed custody of the child.
        In March the domestic Women's Resource Center Armenia (WRCA) NGO
    launched a public awareness campaign to advertise its Sexual Assault
    Crisis Center and help hotline. The Yerevan municipality eventually
    rejected the organization's application to advertise the center on
    large commercial billboards, on the grounds that the billboard graphics
    would place unnecessary psychological stress on teenagers and women.
    The municipality then took steps to remove all WRCA's advertising. The
    WRCA asserted that, by limiting the billboards to providing only the
    help hotline number, the municipality reduced the effect of its
    advocacy against sexual assault of women.
        There were two NGO-operated shelters, in Yerevan and Gyumri,
    offering victims of domestic violence refuge and other assistance,
    including psychological and legal counseling. The NGO running the
    Yerevan shelter also operated a hotline. Both shelter operations
    depended upon private donors; the Government did not provide them
    funding.
        Referring to data analyzed by the Police Information Center, the
    Prosecutor General's Office reported 392 cases of domestic violence
    were registered in the country during the year, which included not only
    spousal abuse but also violence perpetrated by any family member. These
    included 229 cases of battery; 104 cases of infliction of willful light
    damage to health; 25 cases of threats to murder, to inflict heavy
    damage to one's health, or to destroy property; 22 cases of infliction
    of willful medium damage to health; six cases of infliction of heavy
    damage to health, two of which led to the death of the victim; one case
    of torture; and five murders or attempted murders.
        The law does not specifically prohibit sexual harassment, although
    it addresses lewd acts and indecent behavior. While there was no public
    data on the extent of the problem, observers believed sexual harassment
    directed against women in the workplace to be widespread.
        According to law, couples and individuals have the right to decide
    freely and responsibly the number, spacing, and timing of their
    children, and to have the information and means to do so free from
    discrimination, coercion, and violence. However, in practice especially
    in more traditional families, such decisions were often made by the
    male spouse and his parents. Access to and information about
    contraception was low, especially in rural areas. Skilled attendance
    during childbirth was more accessible in large towns and other
    population centers. Women were diagnosed and treated for sexually
    transmitted infections, including HIV, equally with men. According to
    data compiled by international organizations, in 2008 there were
    approximately 29 maternal deaths per 100,000 live births. The
    publication Maternal Mortality in 2005: Estimates developed by WHO,
    UNICEF, UNFPA and the World Bank estimated the lifetime risk of
    maternal death, the probability that a woman will die of pregnancy-
    related causes, to be one in 980.
        There were reports that women, especially those in rural or remote
    areas, faced insufficient access to adequate general and reproductive
    health-care services. Observers noted various efforts made to improve
    reproductive health care had not been effective.
        International and local observers recommended during the year that
    the Government continue to take measures to improve women's access to
    health care in general, and to reproductive health-care services in
    particular. During the year observers called on authorities to increase
    efforts to improve the availability of sexual and reproductive health
    services (including family planning), to mobilize resources for that
    purpose, and to monitor actual access to those services by women.
    Further recommendations were made that the Government widely promote
    family planning and reproductive health education for girls and boys,
    with special attention to prevention of pregnancies of underage girls,
    sexually transmitted diseases, and HIV/AIDS.
        Men and women enjoy equal legal status; however, gender and age
    discrimination were continuing problems in the public and private
    sectors. Women generally did not enjoy the same professional
    opportunities or wages as men and often were relegated to more menial
    or low-paying jobs. Women remained underrepresented in leadership
    positions in all branches of government--national, regional, and local.

        Children.--Citizenship is derived from one's parents. Observers
    indicated that parents, particularly the poorest and most socially
    disadvantaged, were unable to register their children at birth, thereby
    potentially depriving them of essential social services and increasing
    their children's vulnerability. However, during the year international
    donors continued to work with authorities to address the situation.
        Severe disparities remained in preschool, primary, and secondary
    education based on gender, geographic region, and income. Despite
    generally equitable access, substantial inequities existed in the
    quality of education between affluent and poorer households and between
    urban and rural areas. More affluent households and households from
    urban areas had greater access to better education, training, and
    complementary school programs than did poor and rural households. The
    number of dropouts after basic education remained substantial,
    especially among impoverished students.
        Free basic health care was equally available to boys and girls
    through the age of 18 but often was of poor quality, and officials
    often required overt or concealed payment for services.
        In April and May, the domestic branch of the international NGO Save
    the Children conducted an assessment of child abuse in the regions of
    Tavush, Lori, and Gegharkunik. According to the assessment, children in
    those regions were subjected to abuse from numerous sources. The most
    common forms of abuse included domestic physical and psychological
    abuse and neglect, particularly the failure to provide adequate food,
    clothing, and shelter. Children reported that outside the home they had
    also been subjected to physical and psychological abuse in
    institutions, schools, and occasionally on the streets. According to
    the assessment, parents also exploited their children economically by
    forcing them to work. The assessment revealed children were unaware of
    their rights and responsibilities, and this lack of awareness appeared
    to make violence against children socially acceptable.
        The law prohibits sexual exploitation of children through
    antitrafficking statutes. These envisage punishment for trafficking of
    children from seven to 15 years imprisonment, depending on aggravating
    circumstances (see the Department of State's annual Trafficking in
    Persons Report at www.state.gov/g/tip).
        Statutory rape, defined in the law as sexual acts with a person
    less than 16 years of age, is punishable with a fine and imprisonment
    up to two years. Since the punishment for statutory rape is not
    categorized as grave, sexual solicitations and similar actions directed
    at minors and failure to report statutory rape are not criminalized.
    According to domestic observers, the criminal code does not provide the
    necessary legal framework for adequately assessing and prosecuting
    sexual crimes involving children.
        Child pornography is punishable by imprisonment for up to six
    years.
        There were some reports of abuse of children in institutions. On
    November 30, a court sentenced Smbat Urumian to nine years'
    imprisonment for trafficking children. Urumian, a former deputy
    director of a special school for children who exhibit socially
    dangerous behavior, was found guilty of forcing three of the students
    of the special school into beggary. The court meanwhile cleared Urumian
    of the child molestation charges he also faced.
        On January 11, the Prosecutor General's Office began a criminal
    investigation of allegations of sexual and physical abuse of female
    students by a teacher at Special School No. 11 for children with
    special needs. This action reversed the office's August 2009
    determination the allegations were unsubstantiated. A group of youth
    activists who served as volunteers at the school raised the initial
    alarm of abuse in 2008. On May 24, the trial court convicted former
    teacher Levon Avakian, who admitted his guilt, to two years in prison.
    On May 31, the Ministry of Education and Science dismissed the
    principal, MeruzhanYengibarian, citing lack of trust in his capacity to
    head the school. The youth activists considered the teacher's
    punishment to be too lenient and called for further investigation into
    the role played by the principal and other teachers, who were
    reportedly aware of but did not prevent the abuse. On August 4,
    following an appeal by the victims, the court of appeals increased
    Avakian's sentence to three years.
        On March 12, following the developments related to Special School
    No. 11 and in response to significant pressure from civil society and
    the international community, the Ministry of Education and Science
    established a public group for monitoring special schools and
    residential facilities, whose composition included approximately 18
    NGOs.
        A 2009 study by the domestic NGO Armenian Helsinki Committee
    monitored 12 special education schools and four boarding institutions.
    Many children indicated that, among other forms of punishment, they had
    been slapped or beaten, shut in a classroom, or prevented from going
    home. Some teachers admitted resorting to violence for discipline. The
    study also noted that most institutions lacked proper central heating,
    and that sanitary and hygiene conditions were substandard. In a study
    of 12 general education schools in the Syunik Region during the same
    period, the NGO found that physical or psychological violence,
    including beating, slapping, pulling ears, and other degrading
    treatment were used regularly as punishment. Treatment of students at
    schools was unequal and depended on teachers' relations with students,
    whether students pursued private classes with a teacher, and whether
    students had influential parents. The results of studies in 2007 and
    2008 by the same organization were substantively the same.
        The country is a party to the 1980 Hague Convention on the Civil
    Aspects of International Child Abduction. For information on
    international parental child abduction, please see the Department of
    State's annual report on compliance at http://travel.state.gov/
    abduction/resources/congressreport/congressreport--4308.html.

        Anti-Semitism.--The size of the country's Jewish population was
    estimated at between 500 and 1,000 persons. There were no reports of
    anti-Semitic violence during the year.On October 19, the Hebrew side of
    the Joint Tragedies Memorial, erected in downtown Yerevan in 2006, was
    vandalized. Brown paint was poured over the memorial and ``Death to the
    Jew'' was stenciled on the memorial along with a swastika.
    Representatives of the Jewish community denied the presence of anti-
    Semitic sentiments in the country and labeled the incident
    ``hooliganism,'' possibly caused by foreigners. The Jewish community
    praised the immediate reaction by the presidential administration,
    which called into action local authorities and law enforcement. The
    city administration removed the signs of vandalism by the next morning,
    and police launched an investigation. On October 21, the president's
    press secretary and the Armenian Church made separate statements
    condemning the desecration of the memorial.

        Trafficking in Persons.--For information on trafficking in persons,
    please see the Department of State's annual Trafficking in Persons
    Report at www.state.gov/g/tip.

        Persons With Disabilities.--The law prohibits discrimination
    against persons with disabilities in employment, education, access to
    health care, and the provision of other state services; however,
    discrimination remained a problem. The law and a special government
    decree provide for accessibility to buildings, including schools, for
    persons with disabilities, but in practice very few buildings and other
    facilities were accessible to these persons. The Ministry of Labor and
    Social Affairs is responsible for protecting the rights of persons with
    disabilities but failed to do so effectively.
        In spite of the large number of officially registered persons with
    disabilities in the country, disabled persons are seldom seen outside
    the home due to the social stigma associated with disabilities. In
    extreme cases the social stigma sometimes prompts families to hide
    their disabled children completely from public view, depriving them in
    the process from access to education and integration into society.
        Persons with all types of disabilities experienced problems in
    virtually all spheres of life, including health care, social and
    psychological rehabilitation, education, transportation, communication,
    access to employment, and social protection. Access to information and
    communications was a particularly significant problem for persons with
    sensory disabilities. Hospitals, residential care, and other facilities
    for persons with serious disabilities remained substandard. According
    to official data, more than 90 percent of persons with disabilities who
    were able to work were unemployed.
        In its monitoring of mental health facilities in the Syunik and
    Shirak regions during 2009, the domestic NGO Helsinki Citizens Assembly
    of Vanadzor (HCAV) reported numerous deficiencies, including poor
    hygienic conditions, poor nutrition, inappropriate buildings, outdated
    and ineffective medications, lack of professionally trained staff,
    instances of physical violence, and use of patient labor in health
    facilities. HCAV expressed the view that the entire operation of mental
    health facilities was deficient. It noted the absence of a state policy
    on mental health, the lack of appropriate legislation for the proper
    implementation of legislation regulating the work of psychological
    clinics, the lack of standards and norms for staff conduct, and
    insufficient funding of facilities.
        In a May 10 letter to the Ministry of Health, the ombudsman called
    attention to violations his office discovered in the Nubarashen
    Psychological Clinic during an April 13 visit. The ombudsman's staff
    encountered a number of patients who were being kept involuntarily in
    the clinic after the conclusion of their treatment under the pretext
    that their ``relatives would not come for them.'' The ombudsman noted
    this was unacceptable. The ombudsman highlighted other inappropriate
    practices including denying pretrial detainees, who were in the clinic
    for psychological evaluations, the right to recreational walks and
    telephone use. The ombudsman called on the ministry to conduct an
    internal investigation to address these problems. The ministry
    responded to the ombudsman's letter by creating on May 25 a special
    commission to review the problems. The commission confirmed some of the
    findings and reported the clinic would resolve those problems,
    including by purchasing new bedding and ensuring that pretrial
    detainees had walking space. In reference to the patients who were kept
    involuntarily, the ministry responded that those were legally incapable
    persons who were undergoing treatment based on the request of their
    legal representatives.
        There were widespread reports about corruption and arbitrary
    rulings in the body that determines a person's disability status, the
    Medical-Social Expertise Commission (MSEC) under the Ministry of Labor
    and Social Affairs. On May 3, the ombudsman informed the head of the
    commission by letter the number of complaints his office received about
    the arbitrary decisions of MSEC continued to grow annually. Citizens
    complained to the ombudsman that MSEC would arbitrarily deprive them of
    disability status despite their worsening health condition. According
    to the letter, the ombudsman's office had never managed to achieve
    redress for any of the grievances against the commission, which,
    according to the ombudsman, placed it alongside police in terms of
    unanswered complaints.
        In 2008 an online news agency published a HCAV survey of patients
    at the Vanadzor Neurological and Psychiatric Clinic. Patients reported
    physical abuse, torture, and abusive narcotic sedation by clinic
    personnel and medical staff. Patients also complained of deprivation of
    privileges and insufficient food.
        According to the domestic NGO Unison, which monitored the May 2009
    Yerevan municipal elections, many persons with physical disabilities
    did not have access to the polls during the vote, and very few
    participated in the vote.

        Societal Abuses, Discrimination, and Acts of Violence Based on
    Sexual Orientation and Gender Identity.--Societal attitudes towards
    homosexuality remained highly unfavorable, with society generally
    viewing homosexuality as an affliction.
        Persons who were openly gay were exempted from military service,
    purportedly because of concern they would be abused by fellow
    servicemen. However, the actual exemption required a medical finding
    via psychological examination that gays possessed a mental disorder,
    which was stamped in their documents and could affect their future.
        According to human rights activists, lesbians, gays, bisexuals, and
    transgender persons experienced some of the most humiliating
    discrimination in prisons, where they were forced to do some of the
    most degrading jobs and separated from the rest of the prison
    population.
        Societal discrimination based on sexual orientation continued to be
    a problem with respect to employment, family relations, and access to
    education and health care for sexual minorities.
        In an interview with the Iravunk biweekly that appeared in the
    newspaper's December 24 to 27 edition, Artur Baghdasarian, secretary of
    the National Security Council that advises the president on national
    security matters, answered a question on homosexuality stating that,
    ``Such conduct does not fit in with our society. Family and Armenian
    traditions prevail for people who were the first to adopt Christianity.
    Those unnatural things are unacceptable to us. I am against limitations
    of human rights in general. However, I consider homosexuality is
    extremely dangerous for Armenia.''
        In an interview in the Hraparak daily on December 6, National
    Police Chief Alik Sargsyan answered a question on the gathering of
    homosexuals in one of Yerevan's central parks, stating that, ``We try
    to take them to such a place where they won't be seen, but they like to
    appear in public. We do not practice any violent measures, do not
    violate human rights, it is their business, but in our city, it is not
    appropriate for people.I cannot bear them physically.''

        Other Societal Violence or Discrimination.--There were no reports
    during the year of acts of societal violence or discrimination against
    persons with HIV/AIDS.
        Many employers reportedly discriminated against potential employees
    by age, most commonly requiring job applicants to be between the ages
    of 18 and 30. While this discrimination appeared to be widespread,
    authorities did not take any action to mitigate it. After the age of
    40, workers, particularly women, continued to have little chance of
    finding jobs appropriate to their education or skills.
    Section 7. Worker Rights

        a. The Right of Association.--The law allows workers, except those
    serving in the armed forces and law enforcement agencies, to form and
    to join independent unions of their choice without previous
    authorization or excessive requirements. However, in practice most
    workers were unable to exercise this right. Labor organizations
    remained weak because of employer resistance, high unemployment, and
    poor economic conditions. The Confederation of Labor Unions (CLU)
    estimated that, as of February, approximately 250,000 workers, or an
    estimated 21 percent of the workforce, were members of 27 trade unions.
    There were additional labor unions that did not belong to the CLU.
    Labor unions were generally inactive with the exception of those
    connected with the mining industry.
        The law allows unions to conduct their activities without
    government interference. The law also provides for the right to strike
    except for members of the armed forces and law enforcement agencies,
    but workers rarely went on strike due to the fear of losing their jobs.
    While the law prohibits retaliation against strikers, it occurred
    periodically.
        Employees of the Kapan Gold Mining Company, a major mining company
    in the South, held a large scale strike in January to demand an
    increase in wages and bonuses as well as improvement in working
    conditions. As the strike was not sanctioned by the workers' local
    union, company management found it to be in violation of domestic labor
    legislation and dismissed approximately 50 workers, mainly those most
    active in staging the strike. Many were subsequently reinstated, and
    the dispute was settled after negotiations with the company's
    management and the regional governor, with mutual concessions by the
    involved parties.

        b. The Right to Organize and Bargain Collectively.--Although the
    law provides for collective bargaining, in practice it was practically
    nonexistent.
        There were no specific reports of antiunion discrimination.
    However, reportedly some mining enterprises, including some financed by
    foreign investors, discouraged employees from joining labor unions with
    the implied threat of loss of employment.
        There were no export processing zones.

        c. Prohibition of Forced or Compulsory Labor.--The law prohibits
    forced and compulsory labor, including by children; however, there were
    reports that women and girls were trafficked for commercial sexual
    exploitation and labor, and that men were trafficked for labor
    exploitation in the construction sector. A small number of girls and
    boys were trafficked internally for commercial sexual exploitation and
    forced begging, respectively. Also see the Department of State's annual
    Trafficking in Persons Report at www.state.gov/g/tip.

        d. Prohibition of Child Labor and Minimum Age for Employment.--
    There are laws and policies to protect children from exploitation in
    the workplace. The minimum age for employment is 16 years old, but
    children may work from the age of 14 with permission of a parent or a
    guardian. Persons who are under 18 years old are prohibited from
    working overtime, in harmful and dangerous conditions, at night, or on
    holidays; nevertheless, authorities responsible for compliance with
    child labor law failed to implement the law in practice.
        According to observers, many children, especially in rural regions,
    were involved in family businesses, mainly in agriculture. Observers
    also reported seeing children in Yerevan selling flowers and drawings
    and working in local markets after school hours. Children also worked
    in trade, construction, and car services, operated vehicles, and
    gathered waste metal and bottles. According to a 2008 study by the UN
    Children's Fund on child labor, less than 5 percent of children between
    seven and 18 years old had paying jobs, not counting those involved in
    family farms or businesses. The survey also found almost one-third of
    working children were below the legal working age, almost all children
    worked without legal contracts, and some children were employed in
    heavy manual work as laborers and loaders.

        e. Acceptable Conditions of Work.--The monthly minimum wage of
    30,000 drams ($80) did not provide a decent standard of living for a
    worker and family.
        The law provides for a 40-hour workweek, 28 days of mandatory
    annual leave, and compensation for overtime and nighttime work. In
    practice the authorities did not effectively enforce these standards.
    Many private sector employees were unable to obtain paid leave and were
    required to work more than eight hours a day without compensation.
    According to representatives of some employment agencies, many
    employers also continued to hire employees for a ``probationary''
    period of 10 to 30 days, during which they were not paid. Often these
    employees were subsequently dismissed and unable to claim payment for
    the time they worked because their initial employment was undocumented.
        Occupational and health standards are established by government
    decrees. The State Labor Inspectorate responsible for enforcing these
    standards did not always do so effectively. During the year the State
    Labor Inspectorate reportedly made little progress toward implementing
    an inspection regime or enforcing the labor code, and its work was
    reportedly undermined by corruption.
        Workers had the right to remove themselves from work situations
    that endangered their health and safety, but they were unlikely to do
    so because such an action could jeopardize their employment. Work
    safety and health conditions remained substandard in numerous sectors,
    and there was one fatal workplace incident during the year.
        On February 23, 18-year-old construction worker Arman Gasparian was
    killed as a result of a crane jib collapse at a construction site in
    Yerevan. The crane jib collapsed when the crane operator attempted to
    extricate a cement truck stuck in the ground at the construction site.
    On July 22, the crane operator was found guilty on charges of causing
    death by negligence, and was given a two-year suspended prison
    sentence.

                                   __________

                                    AUSTRIA

        Austria is a parliamentary democracy with constitutional power
    shared between a popularly elected president and a bicameral parliament
    (Federal Assembly). The country's eight million citizens choose their
    government representatives in periodic, free, and fair multiparty
    elections. In 2008 voters elected members of the national parliament.
    Security forces reported to civilian authorities.
        During the year there were some reports of excessive use of force
    by police and societal discrimination against Muslims and members of
    unrecognized religious groups, particularly those considered ``sects.''
    Incidents of violence against women, child abuse, and trafficking in
    women and children for prostitution and labor were also reported. There
    were reports of anti-Semitic incidents, including physical attacks,
    taunting, graffiti and defacement, Internet postings, property damage,
    and vilifying and threatening letters and telephone calls. Isolated
    incidents of neo-Nazi and right-wing extremism and xenophobia directed
    toward members of minority groups 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.
        On March 12, a Lower Austrian court found a police officer guilty
    of negligence causing bodily harm in the August 2009 shooting death of
    a 14-year-old burglary suspect. The officer was given an eight-month
    suspended prison term.

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

        c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
    Punishment.--The law prohibits such practices; however, there were
    isolated reports that police beat and abused persons.
        On March 11, the Council of Europe's Committee for the Prevention
    of Torture (CPT) released the report on its February 2009 delegation
    visit to the country. The CPT delegation reported receiving a number of
    allegations of excessive use of force at the time of apprehension. The
    delegation also received a number of allegations, in particular from
    juveniles, of physical mistreatment or verbal abuse during police
    questioning. The report noted that in two cases police officers
    allegedly also threatened to inflict pain on juveniles if they did not
    confess to a particular criminal offense.
        On February 11, a U.S. citizen working in Vienna was injured when
    police arrested him after reportedly confusing him with a drug dealer.
    Police rejected accusations of excessive use of force and stated that
    physical force was used only when the subject resisted arrest. The
    Prosecutor's Office filed charges of negligence against one of the
    officers involved. In a trial on June 24, the district court judge
    concluded that the intent to harm could not be excluded and that she
    had no jurisdiction to rule in this case. The case was sent to the
    higher provincial court, which at year's end had not yet heard the
    case.

        Prison and Detention Center Conditions.--Prisons and detention
    center conditions did not always meet international standards.
        Overcrowding remained a problem in some institutions. In its March
    11 report, the CPT noted that the overall prison population in the
    country had been on the decline since 2004 and stood at a little over
    8,000 at the beginning of 2009. At the same time, the official capacity
    of prisons increased from 8,074 to 8,501 detainees.
        The CPT reported that the delegation had not received any
    allegations of staff mistreatment at any of the prisons visited and
    that many prisoners emphasized the correct attitude and behavior of
    staff towards prisoners. However, the CPT delegation reported hearing a
    number of allegations of violence among prisoners at the Innsbruck and
    Vienna-Josefstadt prisons. Detention conditions at regional police
    headquarters and police stations visited by the CPT were on the whole
    satisfactory.
        In March the Human Rights Advisory Council, an independent
    governmental body whose members were appointed by the minister of the
    interior, released its 2009 annual report. The report described
    conditions facing aliens prior to deportation as ``questionable from a
    human rights point of view'' and at times ``not in conformity with
    human rights standards.'' There were no indications that authorities
    made changes in response to these criticisms.
        Some human rights observers criticized the incarceration of
    nonviolent offenders, including persons awaiting deportation, for long
    periods in single cells or inadequate facilities designed for temporary
    detention. In its March 11 report, the CPT expressed misgivings over
    the long-standing practice of accommodating foreign nationals pending
    deportation in police establishments designed to hold criminal and
    administrative offenders. It noted that conditions under which foreign
    nationals were held in the police detention center in Vienna-Hernalser
    Guertel remained unacceptable, with foreign nationals being locked in
    their cells for 23 hours a day, with reading and playing board games
    their only occupation.
        Prisoners and detainees had reasonable access to visitors and were
    permitted religious observance. Authorities permitted prisoners and
    detainees to submit complaints to judicial authorities without
    censorship and to request investigation of credible allegations of
    inhumane conditions. The Government investigated and monitored prison
    and detention center conditions. The Federal Ombudsman's Office can
    investigate on behalf of prisoners and detainees but cannot consider
    such matters as alternatives to incarceration for nonviolent offenders
    to alleviate overcrowding. There were strict checks on the enforcement
    of pretrial detention restrictions and bail provisions, and detailed
    recordkeeping procedures to ensure that prisoners did not serve beyond
    the maximum sentence for the offense with which they were charged.
        Nongovernmental organizations (NGOs) monitored prisons on a regular
    basis. In addition delegations from the CPT regularly visited the
    country to review conditions at the country's prisons and detention
    centers. During its most recent visit in February 2009, the delegation
    paid particular attention to the treatment of persons in police
    detention and to the detention conditions under which foreign nationals
    were held.

        d. Arbitrary Arrest or Detention.--The law prohibits arbitrary
    arrest and detention, and information available during the year
    suggests that the Government generally observed these prohibitions;
    however, the strict application of slander laws tended to discourage
    reports of police abuse.

        Role of the Police and Security Apparatus.--Civilian authorities
    maintained effective control over the police and army, and the
    Government has effective mechanisms to investigate and punish abuse.
    There were no reports of impunity involving the security forces during
    the year.
        Some police violence appeared to be racially motivated. Amnesty
    International's Annual Report for 2009 criticized a certain degree of
    ``ethnic profiling'' by police, noting that immigrants and ethnic
    minorities were more likely to be suspected of crimes than
    ``Caucasians.'' The report further claimed that police and the judicial
    system regularly denied minorities their right to equal treatment and
    noted that authorities do not effectively investigate and punish
    racially motivated police misconduct. Amnesty International expressed
    concern that the criminal justice system as a whole, and police in
    particular, were failing to provide the same level of service to
    foreign nationals and members of ethnic minorities as they routinely
    provided to citizens from the country's majority ethnic group.
        Police were also accused of not taking seriously the personal
    safety concerns of members of minority communities. After the killings
    of a Chechen asylee in January 2009 and a Sikh religious leader at a
    Sikh temple in May 2009, information emerged suggesting that in both
    cases police had ignored warnings or specific requests for personal
    protection.
        NGOs and other groups continued to criticize the police for
    targeting minorities. Racial sensitivity training for police and other
    officials continued with NGO assistance. The Human Rights Advisory
    Council monitored police respect for human rights and made
    recommendations to the interior minister.

        Arrest Procedures and Treatment While in Detention.--In criminal
    cases the law allows investigative or pretrial detention for up to 48
    hours, during which a judge may decide to grant a prosecution request
    for extended detention. The law specifies the grounds for investigative
    detention and conditions for bail. The judge is required to evaluate
    such detention periodically. The maximum duration for investigative
    detention is two years. There is a functioning bail system. Police and
    judicial authorities respected these laws and procedures in practice.
    Apprehensions were based on sufficient evidence and issued by a duly
    authorized official and brought before an independent judiciary.
        Some legal experts called for a review of an article in the
    criminal code designed to target collusion of suspected terrorists,
    which they asserted authorities have used improperly to detain persons
    on charges not connected with terrorism. The provision was used to try
    animal rights activists who had damaged fur stores.
        Detainees have the right to access a lawyer. Although indigent
    criminal suspects have the right to an attorney, the criminal
    procedures code requires an attorney be appointed only after a court
    decision to remand such suspects into custody (i.e., 96 hours after
    their apprehension). The law provides that criminal suspects are not
    required to answer questions without an attorney present although,
    according to the March 11 CPT report, the criminal police were
    instructed to question suspects without delay and may do so before an
    attorney arrives. In its March 11 report the CPT also noted that, while
    a system of free legal counseling by telephone was introduced in 2008
    in cooperation with the Austrian Bar Association, many police officers
    outside Vienna appeared to have received no information on how to
    utilize the service. On average, according to the bar association, only
    a few such calls per day had been registered in the country since the
    hotline's introduction. Only initial counseling by telephone was free
    of charge, which, according to the CPT report, affected the utilization
    of the service by detained persons, since they did not have the means
    to pay an attorney to be present during police questioning.

        e. Denial of Fair Public Trial.--The law provides for an
    independent judiciary, and the Government generally respected judicial
    independence in practice.

        Trial Procedures.--The law provides for the right to a fair trial,
    and an independent judiciary generally enforced this right. A system of
    judicial review provides multiple opportunities for appeal. Persons
    charged with criminal offenses are considered innocent until proven
    guilty. Trials must be public and conducted orally. Juries are used
    only in trials for major offenses. Defendants have the right to be
    present during trials. They can confront or question witnesses against
    them and present witnesses and evidence on their behalf. Defendants can
    consult attorneys no later than 96 hours after apprehension. Legal
    counsel is provided pro bono for needy persons in cases where attorneys
    are mandatory. Attorneys are not mandatory in minor offense cases.
    Defendants and their attorneys have access to government-held evidence
    relevant to their cases.

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

        Regional Human Rights Court Decisions.--From January to August the
    European Court of Human Rights (ECHR) ruled on 13 cases against the
    Government. The ECHR found violations concerning the right to a fair
    trial and the presumption of innocence until proven guilty, the length
    of proceedings, the prohibition of discrimination, and the right to
    vote during imprisonment. The Government complied with the ECHR orders
    and decisions.

        Civil Judicial Procedures and Remedies.--There is an independent
    and impartial judiciary in civil matters, including an appellate
    system. These institutions are accessible to plaintiffs seeking damages
    for human rights violations. Administrative remedies as well as
    judicial remedies were available for redressing alleged wrongs.

        f. Arbitrary Interference With Privacy, Family, Home, or
    Correspondence.--The law prohibits such actions, and the Government
    generally respected these prohibitions in practice.
    Section 2. Respect for Civil Liberties, Including:

        a. Freedom of Speech and Press.--The constitution provides for
    freedom of speech and the press, and the Government generally respected
    these rights in practice. An independent press, an effective judiciary,
    and a functioning democratic political system combined to ensure
    freedom of speech and the press. The independent media were active and
    expressed a wide variety of views with few restrictions. Individuals
    generally could criticize the Government publicly or privately without
    reprisal.
        The law prohibits public denial, belittlement, approval, or
    justification of the Nazi genocide or other Nazi crimes against
    humanity in a print publication, a broadcast, or other media. It also
    prohibits incitement, insult, or contempt against a group because of
    its members' race, nationality, or ethnicity if the statement violates
    human dignity. The Government strictly enforced these laws.
        On September 9, the Vienna Criminal Court gave convicted Holocaust-
    denier Gerd Honsik an additional two-year, nonsuspended prison sentence
    for violating the law prohibiting neo-Nazi activities. The conviction
    stemmed from the 2009 publication of two neo-Nazi books in which Honsik
    made accusations concerning the work of Simon Wiesenthal. Honsik was
    already serving time for a previous violation of the law prohibiting
    neo-Nazi activities.
        Strict libel laws discouraged reporting of governmental abuse.

        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.
    Approximately 75 percent of the country's inhabitants used the
    Internet, according to 2010 statistics from the International
    Telecommunication Union.
        Beginning in June, a special unit of the Interior Ministry
    investigated a neo-Nazi Web site that was based outside of Europe and
    that displayed links to Hitler's Mein Kampf, called for actions to
    preserve the ``German heritage,'' and denounced persons who fight
    right-wing extremism. In October police conducted several house
    searches but no arrests were reported.
        There were no reports that the Government attempted to collect
    personally identifiable information of persons in connection with their
    peaceful expression of political, religious, or ideological opinion or
    beliefs.

        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.--For a complete description of religious
    freedom, see the 2010 International Religious Freedom Report at
    www.state.gov/g/drl/irf/rpt.

        d. Freedom of Movement, Internally Displaced Persons, Protection of
    Refugees, and Stateless Persons.--The law provides for freedom of
    movement within the country, foreign travel, emigration, and
    repatriation. The Government generally respected these rights in
    practice. The Government cooperated with the Office of the UN High
    Commissioner for Refugees (UNHCR) and other humanitarian organizations
    in providing protection and assistance to refugees, asylum seekers,
    stateless persons, and other persons of concern.
        The law prohibits forced exile, and the Government did not use it
    in practice.

        Protection of Refugees.--The law provides for the granting of
    asylum or refugee status, and the Government has established a system
    for providing protection to refugees.
        Rejected asylum seekers have recourse to the Federal Asylum Court.
    When they allege a breach of the European Convention on Human Rights,
    they can appeal to the Constitutional Court. Since July 2008 asylum
    seekers no longer have recourse to the Higher Administrative Court, a
    change criticized by human rights groups.
        The Federal Asylum Court reported that more than half of new appeal
    cases were adjudicated in less than six months whereas decisions in
    ``Dublin cases'' (i.e., cases returned to another EU member state under
    the Dublin Regulation establishing the criteria and mechanisms for
    determining the member state's responsibilities in asylum cases) take
    an average of two weeks. In December there were 1,250 pending cases
    before the Asylum Court, and a further 800 cases before the
    Administrative Court. Under the law, authorities have six months to
    process an application from the time it is filed. Observers expressed
    concern that, due to a significant backlog of cases in the appellate
    system, some applicants wait four years or more for final determination
    of their cases.
        Asylum seekers' freedom of movement was restricted to the district
    of the refugee camp to which they were assigned for the duration of
    their initial application process, i.e., until the country's
    responsibility for examining the application is determined.
        Asylum seekers and refugees received a subsistence allowance and
    housing. While they were legally restricted from seeking regular
    employment, they were eligible for seasonal employment. Children of
    asylum seekers and refugees between the ages of six and 15 were
    eligible for education. Following changes to the asylum process in 2009
    that placed additional restrictions on those applying for asylum, total
    applications have fallen by 27 percent while the approval rate for
    applications has declined from 32 percent in 2007 to 14 percent in
    2010.
        The UNHCR has noted that the country continued to return asylum
    applicants to Greece under the Dublin Regulation, despite expert
    reports that asylum law and practice in Greece were not in compliance
    with international and European human rights standards. In October,
    Human Rights Watch released a report criticizing the deportation of
    Roma, Ashkali, and Egyptians by a number of European countries,
    including Austria, back to Kosovo where adequate reception conditions
    for safe and dignified returns were not established.
        The country subscribed to a ``safe country of transit'' policy,
    which required asylum seekers who transited a country determined to be
    ``safe'' to return to that country to seek refugee status. Member
    states of the EU and other signatories to the 1951 Convention relating
    to the Status of Refugees were considered safe countries of transit.
        In practice the Government provided protection against the
    expulsion or return of refugees to countries where their lives or
    freedom would be threatened on account of their race, religion,
    nationality, membership in a particular social group, or political
    opinion.
        Human rights groups continued to criticize the detention system as
    a breach of human rights. Asylum seekers who are in detention awaiting
    deportation are held in police detention centers, generally in closed
    cells with no opportunities for training/work and very limited access
    to legal counsel. According to Amnesty International, in October the
    Interior Ministry significantly reduced funding for legal advice for
    asylum seekers, provided by NGOs.
        New asylum legislation, effective on January 1, introduced measures
    to counter the abuse of the asylum process. The legislation limits
    follow-up applications and claims to improve the assessment of claims
    of family relations and age. The new laws made it easier for
    authorities to detain asylum applicants awaiting deportation in cases,
    such as ``Dublin cases,'' where rejected asylum seekers either file
    follow-up applications that appear to lack justification or violate
    registration obligations.
        The Government did not provide temporary protection during the year
    to any individuals who did not qualify as refugees.
    Section 3. Respect for Political Rights: The Right of Citizens to
            Change Their Government
        The law provides citizens the right to change their government
    peacefully, and citizens exercised this right in practice through
    periodic, free, and fair elections based on universal suffrage.

        Elections and Political Participation.--The country held national
    parliamentary elections in 2008 and presidential elections in April
    2009; there were no reports of serious abuse or irregularities in
    either election.
        Political parties could operate without restriction or outside
    interference.
        The parliament consists of the popularly elected National Council
    and the Federal Council, which is named by the federal states. There
    were 51 women in the 183-seat National Council and 21 women in the 62-
    member Federal Council. There were six women in the 14-member Council
    of Ministers (cabinet).
        There appeared to be relatively little representation of ethnic
    minorities at the national level. Following the September 2008
    elections, a Muslim woman entered the Federal Assembly for the Green
    Party.
    Section 4. Official Corruption and Government Transparency
        The law provides criminal penalties for official corruption. In
    2008 the Government tightened the criminal code's corruption
    regulations and established a special central public prosecution
    department with countrywide authority for corruption cases. To
    alleviate some measures viewed as too strict, the Government in
    September 2009 amended and defined more precisely criminal laws against
    corruption. Criminal code provisions against corruption cover civil
    servants; officials with functions in legislation, administration or
    justice on behalf of the state, including ministers, governors, and
    members of parliament on all levels; and employees and representatives
    of the country's companies. The term ``corruption'' includes bribery
    and illicit intervention, abuse of office, and accepting an advantage.
    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.
        Corruption in the private sector was not considered a major problem
    in the country; however, the ongoing scandals involving the Hypo Alpe
    Adria banking group and Meinl European Land (MEL) raised the profile of
    private sector corruption during the year. Another ongoing, high-
    profile corruption case involved the Government's $1.1 billion
    privatization of 60,000 state-owned apartments in 2004 (the so-called
    ``BUWOG affair''). The Prosecutor's Office continued its investigation
    into the matter but did not make any indictments during the year.
        During the year prosecutors and the federal auditor's office were
    still investigating the failed expansion of the Vienna airport terminal
    that, due to cost overruns, triggered a controversy regarding political
    influence in the appointment of the managers and consultants handling
    the project. The investigation of the federal auditor's office focused
    on allegations of embezzlement and related statutory offenses by the
    board of Airport Vienna in connection with contracts for construction
    companies and consultants.
        The five parliamentary parties agreed in August to tighten donation
    rules on financing for political parties.
        According to Transparency International, there is ``little or no
    enforcement'' by the country of the Antibribery Convention of the
    Organization for Economic Cooperation and Development (OECD). In
    August, the head of an OECD working group on corporate corruption, Mark
    Pieth, criticized the country for inadequate enforcement of its
    anticorruption laws. Although the country has strengthened its criminal
    code in recent years and established an anticorruption prosecutor, a
    number of weaknesses remain, including too little independence for
    prosecutors, poor whistleblower protection, and prosecutions that are
    few and slow.
        There are financial disclosure laws for public officials. The
    courts are responsible for corruption cases. Parliamentary committees
    oversee ethics rules for elected officials.
        The law provides for full public access to government information,
    and the Government generally respected this provision in practice.
    Authorities may only deny access if it would violate substantial data
    protection rights or involve national security information. Petitioners
    could challenge denials before the Administrative Court.
    Section 5. 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, but some
    groups were dissatisfied with the information supplied by authorities
    in response to specific complaints. A human rights ombudsman's office
    consisting of three independent commissioners examines complaints
    against the Government. There were no parliamentary human rights
    committees during the reporting period.
    Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
        The law provides for protection against discrimination based on
    race, gender, disability, language, or social status, and the
    Government generally enforced these protections.

        Women.--Under the law, rape, including spousal rape, is punishable
    by up to 15 years' imprisonment. The Government generally enforced the
    law. According to 2009 statistics from the Ministry of the Interior,
    there were 1,039 reported cases of rape or sexual coercion. There were
    no reports of police or judicial reluctance to prosecute spousal or
    other rape cases.
        Violence against women, including spousal abuse, was a problem. The
    Office of Women's Affairs and Civil Service estimated that 10 percent
    of adult women have suffered from violence in a relationship. However,
    fewer than 10 percent of abused women filed complaints. By law police
    may expel abusive family members from family homes for up to three
    months. In 2009 the courts issued injunctions prohibiting abusive
    family members from returning home in 6,731 cases.
        The Government funded privately operated intervention centers and
    help lines for victims of domestic abuse. The centers provided for
    victims' safety, assessed the threat posed by perpetrators, helped
    victims develop plans to stop the abuse, and provided legal counseling
    and other social services. In the view of most observers, these centers
    were generally effective in providing shelter for victims of abuse.
        In September the Government launched a ``Don't Look Away'' public
    awareness campaign aimed at discouraging sex tourism. Billboards and
    short video spots featured an e-mail address that travelers and tourism
    industry staff could use to report suspicious activity to the
    authorities.
        The law prohibits sexual harassment, and the Government generally
    enforced the law. Of the 3,455 cases of discrimination brought to the
    ombudsman for equal treatment of gender in 2009, 494 involved sexual
    harassment. The labor court may order employers to compensate victims
    of sexual harassment on the basis of the Federal Equality Commission's
    finding in a case; the law provides that a victim is entitled to a
    minimum of 700 euros (approximately $940) in financial compensation.
        Couples and individuals have the right to decide freely and
    responsibly the number, spacing, and timing of their children, and are
    free to do so without any discrimination, coercion, and violence. Women
    have access to contraception and skilled attendance during childbirth,
    including obstetric and postpartum care, and are diagnosed and treated
    for sexually transmitted infections as equally as men. According to
    data compiled by international organizations, there were approximately
    5 maternal deaths per 100,000 live births in the country in 2008.
        The Minister for Women's Affairs and Civil Service is responsible
    for promoting the legal rights of women. Women enjoy the same legal
    rights as men, and the Federal Equality Commission and the ombudsman
    for equal treatment of gender oversee laws requiring equal treatment of
    men and women.
        According to Statistics Austria's Women's Report 2010, women earned
    on average 25.5 percent less than men; women's average earnings were
    approximately 15 percent less than men for equivalent work. Labor
    participation for women aged 15 to 64 was 69 percent, roughly the same
    as men. The report attributed the recent increase in female labor
    market participation to a rise in part-time work. Approximately 41.5
    percent (1998: 30.7 percent) of women in employment worked part-time.
    The report stated that labor market participation of women is also
    important in reducing poverty risk: around 60 percent of single mothers
    who do not work are at risk of poverty.
        Although labor laws provide for equal treatment of women in the
    civil service, women remained underrepresented. The law requires the
    Government to hire women of equivalent qualifications ahead of men in
    all civil service areas, including the police force. During the year
    less than 40 percent of civil servants were women. The judiciary system
    and academia were two areas which did not meet the target. There are no
    penalties, however, for agencies failing to attain the 40-percent
    target.
        To address the low labor market participation rate for women,
    Women's Affairs Minister Gabriele Heinisch-Hosek, together with trade
    unions, continued an awareness-raising campaign during the year. She
    pointed to the international study Global Gender Gap Report 2009,
    published in October 2009, which indicated that the gender gap in the
    country had worsened.
        Female employees in the private sector may invoke equality laws
    prohibiting discrimination against women. On the basis of the Federal
    Equality Commission's findings, labor courts may award compensation of
    up to four months' salary to women who experienced discrimination in
    promotion due to their gender. The courts may also order compensation
    for women who were denied a post despite having equal qualifications.

        Children.--By law children derive citizenship from their parents.
        Child abuse remained a problem, and the Government continued its
    efforts to monitor abuse and prosecute offenders. The Ministry for
    Economics, Family, and Youth estimated that 90 percent of child abuse
    was committed by close family members or family friends. Officials
    noted a growing readiness to report abuse cases. Trafficking of
    children remained a problem. See the Department of State's annual
    Trafficking in Persons Report at www.state.gov/g/tip.
        During the year there were occasional reports of underage marriage,
    primarily in the Muslim and Romani communities; however, such cases
    were undocumented. Some male immigrants married underage girls in their
    home countries and returned to the country with them.
        The law provides up to 10 years' imprisonment for an adult
    convicted of sexual intercourse with a child under the age of 14. If
    the victim becomes pregnant, the sentence may be extended to 15 years.
    In 2008 the Ministry of the Interior reported 1,806 cases of child
    abuse, most involving intercourse with a minor.
        The law provides for criminal punishment for possessing, trading,
    or private viewing of child pornography. Exchanging pornographic videos
    of children is illegal.
        The country is a party to the 1980 Hague Convention on the Civil
    Aspects of International Child Abduction. For information on
    international parental child abduction, please see the Department of
    State's annual report on compliance at http://travel.state.gov/
    abduction/resources/congressreport/congressreport--4308.html as well as
    country-specific information at http://travel.state.gov/abduction/
    country/country--3781.html.

        Anti-Semitism.--According to 2001 census figures and 2010 estimates
    from the Vienna Institute of Demography, a branch of the Austrian
    Academy of Sciences, the Jewish community in the country numbered
    approximately 7,000.
        The NGO Forum against Anti-Semitism reported 70 anti-Semitic
    incidents between January and December, including four physical
    assaults, as well as name-calling, graffiti and defacement, threatening
    letters, anti-Semitic Internet postings, property damage, and vilifying
    letters and telephone calls. Vienna Jewish Community (IKG) President
    Ariel Muzicant reported a rise in anti-Semitic incidents related to the
    May 31 Gaza flotilla incident. There were anti-Israel demonstrations
    organized by several Muslim groups at the beginning of June, including
    the use of an anti-Semitic banner displaying the slogan, ``Wake up,
    Hitler.'' Another banner equated the Star of David to the swastika.
    Muzicant also reported an incident in which two Turkish-speaking men
    spat on a rabbi in Vienna. The Vienna Jewish Community's offices and
    other Jewish community institutions in the country, such as schools and
    museums, continued to receive extra police protection.
        In March the outside wall of the Mauthausen concentration camp site
    was defaced with anti-Islamic and anti-Semitic graffiti, similar to
    that of a previous incident in February 2009. The Interior Ministry
    increased security but rejected a proposal by the Mauthausen Memorial
    Committee to place video cameras on the site.
        The law banning neo-Nazi activity prohibits public denial,
    belittlement, approval, or justification of the Nazi genocide or other
    Nazi crimes against humanity in print publication, broadcast, or other
    media. The Government strictly enforced these laws.
        Beginning in June, a special unit of the Interior Ministry
    investigated a neo-Nazi Web site based outside of Europe that displayed
    links to Hitler's Mein Kampf and called for actions to preserve the
    ``German heritage,'' while denouncing persons who fight right-wing
    extremism. In October police conducted several house searches but no
    arrests were reported. In November the country's media reported denials
    from the Office for the Protection of the Constitution and Counter-
    Terrorism (BVT) that neo-Nazis had infiltrated one of its branch
    offices. The statements came in the wake of reports regarding the
    transfer of a BVT agent whose son was linked to the neo-Nazi Web site.
        On September 9, the Vienna Criminal Court gave convicted Holocaust-
    denier Gerd Honsik an additional two-year nonsuspended prison sentence
    for violating the law prohibiting neo-Nazi activities. The conviction
    stemmed from the 2009 publication of two neo-Nazi books in which Honsik
    made accusations concerning the work of Simon Wiesenthal. Honsik was
    already serving time for a previous violation of the law prohibiting
    neo-Nazi activities.
        On November 15 and 16, the criminal court in Eisenstadt tried 14
    men, ages 18 to 38, on charges of neo-Nazi activity. The men were
    accused of publicly displaying the Hitler salute and smearing swastika
    graffiti on stores between 2007 and 2009. The court gave six of the
    defendants suspended prison sentences of five to eight months and
    sentenced five of them to 70-100 hours of social work. Three of the
    defendants were acquitted.
        On December 1, a regional court in Wels convicted three men of neo-
    Nazi activity in relation to an incident at the site of the former
    concentration camp in Ebensee. The men disturbed a commemoration
    ceremony at the site, fired air rifles at a group of French visitors,
    and shouted Nazi slogans. The three men received suspended prison
    sentences of up to six months.
        On December 3, the Austrian Times reported that an Austrian soldier
    was facing charges for giving a Nazi salute while on a peacekeeping
    mission in Bosnia-Herzegovina. The soldier was subsequently dismissed
    from military service. In a July press conference, the Defense Minister
    announced the military had a ``no tolerance'' policy in regards to any
    form of right-wing extremism.
        School curricula fostered discussion of the Holocaust and the
    tenets of different religions and advocated religious tolerance. The
    Education Ministry offered special teacher-training seminars on
    Holocaust education while also conducting training projects with the
    Anti-Defamation League.
        On November 17, the parliament adopted a law establishing a fund
    for the renovation and maintenance of Jewish cemeteries. In compliance
    with the 2001 U.S.-Austrian ``Washington Agreement,'' which called for
    the country to ``provide additional support for the restoration and
    maintenance of Jewish cemeteries,'' the Government will allocate 20
    million euros (approximately $27 million) over 20 years to the project.

        Trafficking in Persons.--For information on trafficking in persons,
    please see the Department of State's annual Trafficking in Persons
    Report at www.state.gov/g/tip.

        Persons With Disabilities.--The law protects persons with physical,
    sensory, intellectual, and mental disabilities from discrimination in
    housing, education, employment, and access to health care and other
    government services. The Government's performance in enforcing these
    provisions was mixed.
        Federal law mandates access to public buildings for persons with
    physical disabilities; however, many public buildings lacked such
    access due to insufficient enforcement of the law and low penalties for
    noncompliance. Persons with disabilities generally had access to
    information and communications.
        The law provides for involuntary sterilization of adults with
    mental disabilities in cases where a pregnancy would be considered
    life-threatening. However, authorities have not performed any
    involuntary sterilization in recent years. The law prohibits the
    sterilization of minors.
        The Ministry of Labor, Social Affairs, and Consumer Protection
    handles problems for persons with disabilities. The Government funded a
    wide range of programs for persons with disabilities, including
    provision of transportation and assistance for integrating
    schoolchildren with disabilities into regular classes and for
    integrating employees with disabilities into the workplace.

        National/Racial/Ethnic Minorities.--In 2009 the Ministry of the
    Interior recorded 453 neo-Nazi, right-wing extremist, xenophobic, or
    anti-Semitic incidents directed against members of minority groups. The
    Government continued to express concern over the activities of extreme
    right-wing skinhead and neo-Nazi groups, many with links to
    organizations in other countries.
        Human rights groups reported that Roma faced some discrimination in
    employment and housing. However, the head of the Austrian Romani
    Cultural Association reported that the situation of the Romani
    community, estimated at more than 6,200 indigenous and between 15,000
    and 20,000 nonindigenous individuals, has significantly improved in
    recent years. Government programs, including financing for tutors, have
    helped school-aged Romani children move out of ``special needs'' and
    into mainstream classes. The Government also initiated programs in
    recent years to document the Romani victims of the Holocaust and to
    compensate its victims.
        NGOs reported that Africans living in the country experienced
    verbal harassment in public. In some cases black Africans were
    stigmatized as being involved in the drug trade or other illegal
    activities.
        Federal law recognizes Croats, Czechs, Hungarians, Roma, Slovaks,
    and Slovenes as national minorities. It requires any community where at
    least 25 percent of the population belongs to one of these groups to
    provide bilingual town signs, education, media, and access to federal
    funds earmarked for such minorities. Communities in the Slovene-
    speaking area of the state of Carinthia have some bi-lingual town
    signs, but authorities have so far refused to implement rulings by
    higher courts requiring the state to install additional bilingual
    signs. The Chancellor's Office appointed a high-ranking official tasked
    with resolving the dispute.
        The Government continued training programs to combat racism and
    educate the police in cultural sensitivity. The Ministry of the
    Interior renewed an agreement with the Anti-Defamation League to teach
    police officers cultural sensitivity, religious tolerance, and the
    acceptance of minorities.
        Poor German language skills were a major factor preventing
    minorities from entering the workforce. In April 2009 the Labor
    Ministry announced efforts to combat this situation by providing German
    language and skilled labor training for 19- to 24-year-olds.

        Societal Abuses, Discrimination, and Acts of Violence Based on
    Sexual Orientation and Gender Identity.--There was some societal
    prejudice against gays and lesbians; however, there were no reports of
    violence or discrimination based on sexual orientation. Lesbian, gay,
    bisexual, and transgender persons' organizations, such as the
    Homosexual Initiatives (HOSI) in Vienna and Linz and the Lambda Rights
    Committee, were present and generally operated freely. Vienna hosted an
    annual gay pride march in July and the city provided police protection.

        Other Societal Violence or Discrimination.--There were no reports
    of societal violence or discrimination against persons with HIV/AIDS.
    Section 7. Worker Rights

        a. The Right of Association.--The law provides workers the right to
    form and join independent unions without prior authorization or
    excessive requirements, and workers exercised this right in practice.
    According to the Austrian Trade Union Federation, 35 percent of the
    workforce belonged to unions. The law does not explicitly provide a
    right to strike; however, the right is recognized in practice. The law
    prohibits retaliation against strikers, and the Government effectively
    enforced the law.

        b. The Right to Organize and Bargain Collectively.--The law allows
    unions to conduct their activities without interference, and the
    Government protected this right in practice. Collective bargaining is
    protected in law and was freely practiced. Approximately 80 percent of
    the labor force worked under a collective bargaining agreement. The
    Austrian Trade Union Federation was exclusively responsible for
    collective bargaining.
        The law prohibits antiunion discrimination, and there were no
    reports of antiunion discrimination or other forms of employer
    interference in union functions.
        There are no export processing zones.

        c. Prohibition of Forced or Compulsory Labor.--The law prohibits
    forced or compulsory labor, including by children; however, there were
    reports that women were trafficked to the country for domestic labor
    and that children were trafficked to the country for begging (see the
    Department of State's annual Trafficking in Persons Report at
    www.state.gov/g/tip).

        d. Prohibition of Child Labor and Minimum Age for Employment.--Laws
    and policies protect children from exploitation in the workplace and
    prohibit forced or compulsory labor, and the Government generally
    enforced these laws and policies effectively.
        There were reports of trafficking of children for begging. In 2009
    the Crisis Center for Unaccompanied Minors in Vienna assisted 121
    children, primarily from Bulgaria and Romania, who were trafficked into
    the country (see the Department of State's annual Trafficking in
    Persons Report at www.state.gov/g/tip).
        The minimum legal working age is 15 years. Children under the age
    of 15 are not permitted to work, with the exception of children at
    least 12 years old engaged in certain forms of light work on family
    farms or businesses. Children over 15 years of age are subject to the
    same regulations on hours, rest periods, overtime wages, and
    occupational health and safety restrictions as adults, except for
    additional limitations on hazardous forms of work or limitations for
    ethical reasons.
        The Labor Inspectorate of the Federal Ministry of Labor, Social
    Affairs, and Consumer Protection is responsible for enforcing child
    labor laws and policies in the workplace, and the Inspectorate enforced
    the laws effectively. The Labor Inspectorate did not find any
    violations of child labor laws during the year.

        e. Acceptable Conditions of Work.--There is no legislated national
    minimum wage. Instead, nationwide collective bargaining agreements set
    minimum wages by job classification for each industry. All collective
    bargaining agreements provide for a minimum wage of 1,000 euro ($1,340)
    per month. Wages in select areas where no such collective agreements
    exist, such as for domestic workers, janitorial staff, and au pairs,
    are regulated in pertinent law and are generally lower than those
    covered by collective bargaining agreements. According to the Austrian
    Trade Union Federation, some 350,000 Austrians are ``working poor,''
    meaning that they have a job, but cannot sustain themselves or their
    families without additional assistance.
        The country participated in an International Labor Organization
    (ILO) pilot project measuring ``decent work standards'' in ILO member
    states. The ILO's profile for the country, released in October 2009,
    noted progress in employment rates for women and an improved framework
    for reconciling work, family, and personal life, but found the country
    lagging in reducing the persistently large wage gap between men and
    women.
        Existing legal provisions stipulate a maximum workweek of 40 hours,
    but collective bargaining agreements also provide for a workweek of 38
    or 38.5 hours per week for more than half of all employees. Flexible
    work hour regulations, in place since 2008, allow firms to increase the
    maximum regular time hours from 40 to 50 per week. In special cases and
    including overtime, work hours can be raised up to 60 hours per week
    for a maximum of 24 weeks annually. However, these 24 weeks can only be
    in eight-week segments, with at least a two-week break between each
    eight-week period.
        The law also requires compulsory time off on weekends and official
    holidays. An employee must have at least 11 hours off between workdays.
    Authorities effectively enforced these provisions. Foreign workers in
    both the formal and informal sectors make up approximately 13 percent
    of the country's workforce. Wage and hour standards are equitably
    enforced across all groups.
        The law limits overtime to five hours per week and to 60 hours per
    year; however, authorities did not enforce these laws and regulations
    effectively, and some employers exceeded legal limits on compulsory
    overtime. Collective bargaining agreements can specify higher limits.
    The law stipulates 50-percent premium pay for overtime.
        The Labor Inspectorate regularly enforced mandatory occupational
    health and safety standards. Workers could file complaints anonymously
    with the Labor Inspectorate, which could bring suit against the
    employer on behalf of the employee. However, workers rarely exercised
    this option and normally relied instead on the nongovernmental worker's
    advocacy group, the Chamber of Labor, which filed suits on their
    behalf.
        The law gives workers the right to remove themselves from a job
    without incurring any prejudice to their careers if they fear serious,
    immediate danger to life and health, and workers were able to exercise
    this right in practice.

                                   __________

                                   AZERBAIJAN

        Azerbaijan is a republic with a population of approximately nine
    million and a presidential form of government. Legislative authority is
    vested in the Milli Majlis (National Assembly). In practice the
    president dominated the executive, legislative, and judicial branches
    of government. November 7 parliamentary elections did not meet a number
    of key standards of the Organization for Security and Cooperation in
    Europe (OSCE) for democratic elections. According to the final report
    of the OSCE's Office of Democratic Institutions and Human Rights
    (ODIHR), election shortcomings included a deficient candidate
    registration process, limits on freedom of assembly and expression, a
    restrictive political environment, unbalanced media coverage of
    candidates, and problems in vote counting and tabulation. President
    Ilham Aliyev, the son of former president Heydar Aliyev, was elected to
    a second term in 2008 in a flawed election; constitutionally mandated
    presidential term limits were removed in a March 2009 referendum, which
    was also seriously flawed. Although there were more than 50 political
    parties, the ruling Yeni Azerbaijan Party, chaired by President Aliyev,
    dominated the political system. Ethnic Armenian separatists, with
    Armenia's support, continued to control most of the Nagorno-Karabakh
    region of the country and seven surrounding Azerbaijani territories.
    The Government did not exercise any control over developments in those
    territories. Security forces reported to civilian authorities.
        Restrictions on freedom of expression, assembly, and association
    impaired political party activities and significantly limited citizens'
    right to change their government through peaceful elections. There were
    reports that torture and beating of persons in police and military
    custody resulted in at least seven deaths, and law enforcement
    officials acted with impunity. Prison conditions were generally harsh
    and in some cases life threatening. Arbitrary arrest and detention,
    particularly of individuals considered by the Government to be
    political opponents, and lengthy pretrial detention continued. The
    Government continued to imprison persons for political reasons,
    although authorities released some of these individuals during the
    year. Pervasive corruption, including in the judiciary and law
    enforcement, continued. Restrictions and pressure on the media and
    restrictions on political participation worsened. The Government
    continued to restrict religious freedom in some cases. Cases of
    violence against women were also reported. Trafficking in persons
    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 any arbitrary or
    unlawful killings during the year; however, human rights monitors
    reported that at least seven persons died in police or military
    custody.
        On March 25, Jeyhun Zarbaliyev died while in the custody of the
    Nasimi District Police Department #19. Police detained him on March 23.
    Authorities alleged that Zarbaliyev committed suicide. The Ministry of
    Internal Affairs indicated that it launched an internal investigation,
    and as a result three employees were dismissed from the service at the
    internal affairs agencies, and six employees were found liable by a
    disciplinary committee. The ministry also reported that the Nasimi
    District prosecutor's criminal investigation revealed misconduct by
    police.
        On April 14, Vugar Azizov, age 43, died while in Salyan District
    Police custody. He had been detained on drug use charges. The official
    cause of death was reported as drug addiction and arterial
    hemorrhaging.
        On July 14, Urkhan Mammadov, age 21, died in a military unit
    located in the District of Shaki. The Government reported the victim
    suffered from respiratory distress, coronary failure, and a brain
    tumor. Mammadov's family sued the Government, alleging that there were
    minor bruises on Mammadov's body. At year's end, the case was pending
    in the Ganja City Court of Appeals.
        On September 28, police in the Ujar District Police Department
    reportedly beat Nadir Abdullayev to death for rudely answering an
    officer's question. Abdullayev's relatives alleged that the victim's
    extensive injuries proved he had been tortured.
        On September 31, Namir Pirmammadov died at Military Unit # 157 in
    Goranboy District, reportedly after suffering beatings to his head and
    face.
        On November 17, Rauf Huseynov died at the Shirvan City Road Police
    Department. Officials reported Huseynov had a heart attack while in
    detention. Huseynov was the chief of the Zardab District Military
    Conscription Office. No signs of physical torture were reported.
        On December 11, police in Jalilabad allegedly beat Gazanfar
    Seydanov; he died of his injuries at the hospital on the same day.
        There were no new developments in the cases of Vagif Suleymanov,
    Togrul Mammadzade, Rustam Aliyev, or Aga Turabov, all of whom died in
    police or Justice Ministry custody in 2009.
        There were no new developments in the cases of Rashad Haziyev,
    Mahammad Rahimov, or Zaur Mammadov, all of whom were found dead in or
    outside of police stations in 2008.
        Abuse in the military was widespread (see section 1.c.) and at
    times resulted in death.
        The Government reported six deaths of military conscripts during
    2009, which it attributed to incidents along the line of contact.
        Ethnic Armenian separatists, with Armenia's support, continued to
    control most of the Nagorno-Karabakh region of Azerbaijan and seven
    surrounding Azerbaijani territories. During the year shootings along
    the militarized line of contact separating the sides as a result of the
    Nagorno-Karabakh conflict again resulted in numerous casualties on both
    sides. The Ministry of Foreign Affairs reported two civilian casualties
    along the line of contact during 2009. Figures for 2010 were
    unavailable.
        According to the national agency for mine actions, landmines killed
    one soldier and injured four (two soldiers and two civilians).
    According to the Azerbaijan National Agency for Mine Action, 64,448
    units of explosive ordnance were destroyed.

        b. Disappearance.--During the year there were no reports of
    politically motivated disappearances. However, the Government reported
    that 4,049 Azerbaijani citizens were registered as missing persons at
    the State Committee as the result of the Nagorno-Karabakh conflict.
        The International Committee of the Red Cross (ICRC) continued to
    process cases of persons missing in connection with the Nagorno-
    Karabakh conflict and worked with the Government to develop a
    consolidated list of missing persons. According to the ICRC, during the
    year the number of persons confirmed missing from both sides of the
    conflict increased from 4,558 to 4,571. As a result of a framework
    agreement signed with the Government in 2008, the ICRC collected ante
    mortem data from 3,189 families since the beginning of the collection
    in 2008. The information, gathered from families on both sides of the
    line of contact as well as in Armenia, was meant to assist state
    commissions in the identification of human remains. In December the
    ICRC signed a license agreement with the Government to hand over an
    ante mortem/post mortem database which will allow for the matching of
    the information collected from the families of missing persons (ante
    mortem data) with the information collected by forensic experts during
    future exhumations (post mortem data).
        The ICRC continued to pay special attention to prisoners of war and
    civilian internees (POWs/CIs) and conducted visits throughout the year
    to ensure their protection under international humanitarian law. The
    ICRC regularly facilitated the exchange of Red Cross messages between
    POWs/CIs and their families to help them reestablish and maintain
    contact. The Government reported that the ICRC facilitated the
    repatriation of one prisoner of war and one civilian internee, as well
    as the return/transfer of the remains of four Azerbaijanis (two
    military and two civilian) to Azerbaijan during the year, and in
    exchange, the remains of two individuals were returned to Armenia.

        c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
    Punishment.--The constitution and criminal code prohibit such practices
    and provide for penalties of up to 10 years' imprisonment; however,
    there were credible reports that security forces beat detainees to
    extract confessions and that military personnel physically abused
    subordinates. During the year domestic human rights monitors reported
    that 169 persons were tortured in custody by security forces. There
    were reports that at least seven of these individuals subsequently
    died. Impunity remained a problem. According to a 2009 report submitted
    to the UN Committee against Torture by the Human Rights Center of
    Azerbaijan and the International Federation of Human Rights,
    authorities also implemented a de facto ban on independent forensic
    examinations of detainees who claimed mistreatment and delayed access
    to an attorney.
        The military Prosecutor's Office arrested and summoned to the court
    five members of the military regarding crimes committed on January 28,
    including taking bribes; insulting; causing injuries or torture of a
    military man; and abuse of authority, excess, or negligence. The court
    hearing continued at year's end.
        On June 12, three cadets of the High Military Navy School beat
    fellow cadet Royal Musayev. Musayev was hospitalized. Ombudswoman for
    Human Rights Elmira Sulevmanova appealed to both the deputy prosecutor
    general and the military prosecutor to investigate and bring the
    perpetrators to justice. Neither had initiated an investigation by
    year's end.
        On August 6, human rights monitors in Nakhchivan reported that
    authorities wrongfully placed Jannet Baghirova in a state mental clinic
    after Baghirova reportedly violated a ban on street vending.
    Authorities released Baghirova the same day after receiving numerous
    complaints.
        During the year a local nongovernmental organization (NGO) reported
    numerous police beatings of persons based on sexual orientation (see
    section 6).
        During the year there was no accountability for the 2008 beating of
    Mirza Zahidov.
        According to the Ministry of Internal Affairs, authorities punished
    276 employees for human rights abuses and dismissed 20 from their
    positions during the year.

        Prison and Detention Center Conditions.--Prison conditions remained
    harsh, and some prison conditions were life threatening, despite
    continuing prison infrastructure improvements.
        Overcrowding, inadequate nutrition, lack of heating and
    ventilation, and poor medical care combined to make the spread of
    infectious diseases a serious problem. Despite ongoing improvements to
    prison infrastructure, prisons, which were generally Soviet-era
    facilities, did not meet international standards. In maximum-security
    facilities, authorities limited physical exercise for prisoners as well
    as visits by attorneys and family members. There were few opportunities
    for prisoners to work or receive training. Some pretrial detainees
    reportedly were held in ``separation cells,'' which were often located
    in basements to conceal evidence of physical abuse. Food and sleep
    reportedly were denied in these cells to elicit confessions.
        Local and international monitors continued to report poor
    conditions at maximum security Qobustan Prison. Authorities began
    construction of a new facility during the year. In a November 2009
    report, the European Committee for the Prevention of Torture (CPT)
    stated that during a 2008 visit to Qobustan Prison, a prison officer
    attempted to threaten a prisoner for speaking to the CPT delegation,
    and it was apparent that authorities had warned certain other prisoners
    not to complain to the delegation. Nevertheless, the delegation
    received several credible reports from prisoners of intentional
    physical abuse and excessive use of force by prison officers.
        The Ministry of Internal Affairs reported that during the year, it
    renovated the following detention facilities: the Counter Trafficking
    Department and the Police Departments of Khazar, Sabail, Nasimi
    districts of Baku and Gusar, Goygol, and Lerik districts. The ministry
    also reported that an additional 20 detention facilities were
    renovated.
        During the year harsh prison conditions resulted in numerous
    deaths; the Ministry of Justice reported that 106 persons died in
    detention during the year, a decrease of 19 percent from 2009. The
    Ministry attributed most deaths to a variety of diseases but reported a
    substantial decrease in deaths due to tuberculosis, although more
    inmates died of tuberculosis than from any other disease. The Ministry
    of Internal Affairs reported one death in its facilities, due to
    suicide. Authorities dismissed one officer and disciplined two others
    for negligence in connection with these deaths.
        In August 2009, Novruzali Mammadov, a prominent scholar of the
    ethnic minority Talysh group and former editor in chief of the Talysh
    Sedo newspaper, died in the Ministry of Justice medical treatment
    facility. The Ministry reported that he died of a stroke, but family
    members and local human rights defenders believed he had not received
    appropriate medical care. Mammadov's widow sued the Ministry of Justice
    and submitted Mammadov's case to the European Court of Human Rights
    (ECHR) during the year. Some local NGOs believed Mammadov's arrest was
    related to his ethnicity and cultural activities.
        During the year there was no investigation into the 2008 death of
    Arif Aslanov while in Ministry of Justice custody.
        The Ministry of Justice reported treating 497 prisoners for drug-
    resistant tuberculosis during the year. The Government reported that
    the other major causes of death among prisoners and detainees were
    cancer, myocardial infarction, hepatic cirrhosis, and strokes.
        A joint government-human rights community prison monitoring group
    was able to gain access to prisons only with prior notification to the
    Penitentiary Service. During the year the group reportedly experienced
    difficulty in obtaining permission to access facilities, even with
    prior notification. In 2009 the group visited numerous detention
    facilities, advocated for better medical conditions in prisons,
    arranged for more telephones to be installed in prison facilities,
    donated books to prison facilities, and provided legal assistance to 47
    prisoners.
        Men and women were held together in pretrial detention facilities;
    however, all women were housed in a separate prison facility after
    being sentenced. Minors were also supposed to be held in a separate
    facility; however, international monitors noted some children were held
    with adults.
        The Government permitted some prison visits by international and
    local humanitarian and human rights groups, including the ICRC, the
    CPT, the OSCE, and the Azerbaijan Committee against Torture. As of July
    2009, however, the Azerbaijan Committee against Torture was no longer
    permitted to visit Ministry of Justice facilities without prior
    notification. The Ministry of Internal Affairs-run pretrial detention
    centers still allowed the committee immediate access. The ICRC had
    unobstructed access to the POWs/CIs who were held in connection with
    the conflict over Nagorno-Karabakh as well as to detainees held in
    facilities under the authority of the Ministries of Justice, Internal
    Affairs, and National Security. The Penitentiary Service denied foreign
    embassies access to prisons outside of consular visits. The missions of
    some international organizations were still permitted to visit prisons
    for monitoring purposes.

        d. Arbitrary Arrest or Detention.--Although the law prohibits
    arbitrary arrest and detention, the Government generally did not
    observe these prohibitions in practice, and impunity remained a
    problem.

        Role of the Police and Security Apparatus.--The Ministry of
    Internal Affairs and the Ministry of National Security are responsible
    for internal security and report directly to the president. The
    Ministry of Internal Affairs oversees local police forces and maintains
    internal civil defense troops. The Ministry of National Security has a
    separate internal security force.
        While security forces were generally able to act with impunity, the
    Government asserted that it took action against 276 Ministry of
    Internal Affairs employees for 174 complaints of human rights
    violations during the year. The Government did not report on its
    criminal prosecutions but stated that it dismissed 20 officers from the
    Ministry of Internal Affairs police forces, removed 18 officers from
    their positions, and administratively disciplined 238 others.

        Arrest Procedures and Treatment While in Detention.--The law states
    that persons who are detained, arrested, or accused of a crime should
    be advised immediately of their rights and the reason for their arrest
    and accorded due process; however, the Government did not respect these
    provisions in practice. Arbitrary arrest, often based on spurious
    charges of resisting the police, remained a problem throughout the
    year.
        The law allows police to detain and question individuals for 48
    hours without a warrant; in practice police detained individuals for
    several days, sometimes weeks, without a warrant. In other instances
    judges issued ex post facto warrants.
        Judges, acting at the instruction of the Prosecutor General's
    Office or of other executive branch officials, sentenced detainees to
    jail within hours of their arrest without providing them access to an
    attorney.
        The law provides for access to a lawyer from the time of detention;
    in practice access to lawyers was poor, particularly outside of Baku.
    Although entitled to it by law, indigent detainees did not have such
    access. Authorities often restricted family member visits and withheld
    information about detainees; days frequently passed before families
    could obtain any information about detained relatives. There was no
    formal, functioning bail system; however, individuals were sometimes
    permitted to vouch for detainees, enabling their conditional release
    during pretrial investigation. Politically sensitive suspects were at
    times held incommunicado for several hours or sometimes days while in
    police custody.
        During the year there were numerous instances of violations of
    arrest and detention procedures.
        On November 12, the Sharur police department detained Sabit Aliyev
    until November 21 without charge. Sabit Aliyev served as an election
    monitor for his brother, Sakhavat Aliyev, a candidate in the November 7
    parliamentary elections; 48 hours is the legal limit of detention
    without charge. Ahead of release, Sabit Aliyev was required to sign a
    statement forbidding him to leave the village (see section 3).
        On November 19, Bakhtiyar Hajiyev reported that he had been
    released after having been detained for over 24 hours without food or
    water. Hajiyev, a candidate in the November 7 parliamentary elections,
    also told Radio Liberty that officials threatened him during his
    detention and did not allow his family to see him (see section 2.d.).
        During the year there were a number of cases of police detaining
    members of opposition political parties in connection with their
    attempts to hold peaceful political demonstrations (see section 2.b).
        Lengthy pretrial detention of up to 18 months was a serious
    problem. The prosecutor general routinely extended the initial three-
    month pretrial detention period permitted by law in successive
    increments of several months until the Government completed an
    investigation.

        Amnesty.--On March 17, President Aliyev issued a pardon for 62
    prisoners. Among those pardoned was the editor in chief of Azadlig
    newspaper, Ganimat Zahid (Zahidov), who had been convicted on charges
    many international and domestic observers characterized as spurious and
    politically motivated (see section 2.a.).

        e. Denial of Fair Public Trial.--Although the law provides for an
    independent judiciary, in practice, judges did not function
    independently of the executive branch. The judiciary remained corrupt
    and inefficient. Verdicts were largely unrelated to the evidence
    presented during the trial.
        The executive branch continued to exert a strong influence over the
    judiciary. The Ministry of Justice controls the Judicial Legal Council,
    which administers the examination for judge candidates.
        Credible reports indicated that judges and prosecutors took
    instruction from the presidential administration and the Justice
    Ministry, particularly in cases of interest to international observers.
    While judges' salaries steadily increased for several years prior to
    2008, there continued to be credible allegations that judges routinely
    accepted bribes. During the year the ministry reported that the
    Judicial Council initiated disciplinary proceedings against 21 judges.
    The ministry reported that 11 of its employees were subjected to
    disciplinary actions; two of these cases were sent to the Prosecutor
    General's Office, resulting in one conviction.
        In February 2009 the president issued a decree creating the 2009-13
    State Program on Development of the Justice System. The program's
    objectives included improving legislation and the quality of
    professional staff training.
        On February 26, the Supreme Court dismissed the appeal by Intigam
    Aliyev, head of the Legal Education Society, regarding the lower
    court's decision that he insulted the ``honor and dignity'' of Judge
    Gazanfar Karimov in a book on disciplinary actions against judges. In
    June 2009 Aliyev appealed to the ECHR; the case was pending at year's
    end.
        The constitution prohibits a person from being tried and/or
    sentenced twice for the same crime. On September 29, Sayyara Heydarova,
    who received a three-year conditional sentence in April 2009 for the
    same incident for which she was originally jailed in 2005, appealed her
    conviction to the ECHR, after exhausting national court remedies. The
    case was pending at year's end.
        The Judicial Legal Council continued to coordinate efforts with
    international organizations to train judges.
        On February 4, the Judicial Legal Council issued a decision to
    dismiss three judges working in Baku courts for negligence. One of the
    judges, Sudaba Mammadova, had sentenced Azadlig newspaper editor in
    chief Ganimat Zahid to four years' imprisonment in 2007 on charges that
    international monitors considered spurious (see section 2.a.).

        Trial Procedures.--The law provides for public trials except in
    cases involving state, commercial, or professional secrets or matters
    involving confidential, personal, or family matters. However, during
    the year international monitors noted numerous violations of this law
    in practice.
        While the law provides for the presumption of innocence in criminal
    cases, the right to review evidence, the right of defendants to
    confront witnesses and present evidence at trial, the right to a court-
    approved attorney for indigent defendants, and the right of appeal for
    defendants and prosecutors, these provisions generally were not
    respected in practice.
        International monitors found numerous instances where judges did
    not inform the accused of their rights or the charges brought against
    them. Even in cases where the presumption of innocence was not
    explicitly breached, the practice of having the accused appear in
    handcuffs inside locked metal cages implicitly did so. In addition,
    judges often failed to read the verdict publicly, leaving the accused
    without knowledge of the reasoning behind the judgment.
        Jury trials were not used. Foreign and domestic observers usually
    were allowed to attend trials. The use of small courtrooms with
    inadequate seating prevented public attendance at some hearings.
    Information regarding trial times and locations was generally
    available, although there were some exceptions, particularly in the
    Court of Grave Crimes.
        Although the constitution prescribes equal status for prosecutors
    and defense attorneys, in practice prosecutors' privileges and rights
    outweighed those of the defense. Judges reserved the right to remove
    defense lawyers in civil cases for ``good cause.'' In criminal
    proceedings, judges may remove defense lawyers because of a conflict of
    interest or if a defendant requests a change of counsel. In addition,
    judges often showed preference to prosecutors when assessing motions,
    oral statements, and evidence submitted by defense counsel.
        The law limits representation in criminal cases to members of a
    government-controlled collegium of lawyers (bar association). Since
    there were only 768 collegium members, of which only an estimated 415
    were practicing, access to licensed legal representation was
    restricted, particularly outside of Baku.
        On August 9, the president signed a decree increasing the number of
    judges in the country to 600.
        The constitution prohibits the use of illegally obtained evidence;
    however, despite some defendants' claims that testimony was obtained
    through torture or abuse, no cases based on claims of abuse were
    dismissed, and there was no independent forensic investigator to
    determine the occurrence of abuse. Judges often simply ignored claims
    of police mistreatment. Investigations often focused on obtaining
    confessions rather than gathering physical evidence against suspects.
    Serious crimes brought before the courts most often ended in
    conviction, as judges generally required only a minimal level of proof
    and collaborated closely with prosecutors. In the rare instances in
    which judges determined that the evidence presented was not sufficient
    to convict a defendant, they could return cases to the prosecutor for
    additional investigations, effectively giving the prosecutors
    subsequent chances for convictions.
        Aside from the Court of Grave Crimes and the Military Court of
    Grave Crimes, courts often failed to provide translators. Each court is
    entitled to contract translators during hearings, and such expenses
    must be covered by the Ministry of Justice.
        There were no verbatim transcripts of judicial proceedings;
    testimony, oral arguments, and judicial decisions were not recorded.
    Instead the court officer generally took notes that tended to be sparse
    and decided what, if anything, should be included in the notes. For
    example, during Eynulla Fatullayev's Court of Appeals trial, which ran
    from August through the end of the year, Fatullayev argued that the
    protocol produced by the lower court did not reflect his own words (see
    section 2.a.).
        The country has a military court system with civilian judges. The
    military court retains original jurisdiction over any case in which
    crimes related to war or military service are adjudicated.

        Political Prisoners and Detainees.--Local NGOs maintained that the
    Government continued to hold political prisoners, although estimates of
    the number varied. During the year the Government released between 11
    and 14 individuals whose imprisonments were considered to have been
    politically motivated, including six journalists and two bloggers and
    youth activists (see section 2.a.). At year's end, NGO activists
    maintained that the Government held between 20 and 46 political
    prisoners.
        Elchin Amiraslanov, Safa Poladov, and Arif Kazimov, who had been
    listed in the 2005 Council of Europe experts report on political
    prisoners, remained incarcerated during the year.
        Some estimates of the number of political prisoners included
    persons arrested in 2005 on charges of plotting a coup and subsequently
    convicted of corruption.
        There were no reliable estimates of the number of political
    detainees. Most political detainees received sentences of between 10
    and 15 days in jail, which were often described as ``administrative
    detention'' sentences.
        The Government generally permitted unrestricted access to alleged
    political prisoners by international humanitarian organizations such as
    the ICRC as well as UN representatives.

        Regional Human Rights Court Decisions.--Citizens have the right to
    appeal court decisions on human rights cases to the ECHR within six
    months of the first Supreme Court ruling on a case. Citizens continued
    to exercise this right frequently. At year's end there were
    approximately 100 cases involving the country awaiting action by the
    ECHR.
        According to the ECHR Web site, during the year it issued 18
    decisions in favor of Azerbaijani citizens. According to news agency
    APA, Azerbaijani citizens applied mostly for protection of property
    rights (nine cases), protection of freedoms and security rights (eight
    cases), and fair hearing (four cases).
        On April 22, the ECHR ruled that the imprisonment of journalist
    Eynulla Fatullayev violated his right to freedom of expression and that
    the Government therefore should immediately release him. As of year's
    end, the Government had not complied with the ruling (see section
    2.a.).
        During the year the ECHR ruled in two separate cases that
    authorities had violated the rights of opposition candidates Nemat
    Aliyevand Flora Kerimova under the European Convention on Human Rights
    by declaring progovernment candidates the winners in the 2005
    parliamentary elections in their respective districts.
        On November 9, the ECHR ruled in favor of former Minister for
    Economic Development Farhad Aliyev, who had challenged the length of
    his pretrial detention. The court awarded him 16,000 euros ($21,400)
    for nonmaterial damage and 25,000 euros ($33,500) for legal expenses.
    At year's end, another case submitted by Aliyev regarding his
    corruption conviction remained pending; he was arrested in 2005 on coup
    plotting charges but convicted on corruption charges. On November 9,
    Eldar Salayev, who was detained in the Aliyev case, also won a judgment
    from the ECHR for excessively long detention.
        There were seven cases during the year involving property rights:
    one case, Safarova v. Azerbaijan, involved a dispute regarding a police
    station located on Safarova's property. The remaining six property
    cases involved internally displaced persons squatting in the apartment
    of the legal owner.

        Civil Judicial Procedures and Remedies.--The law does not provide
    for an independent and impartial jury in civil matters. District courts
    have jurisdiction over civil matters in their first hearing; appeals
    are addressed by the Court of Appeals and then by the Supreme Court.
    Citizens have the right to bring lawsuits seeking damages for, or
    cessation of, human rights violations. As with criminal trials, all
    citizens have the right to appeal to the ECHR within six months of the
    first Supreme Court ruling on their case.

        Property Restitution.--NGOs reported that the laws governing
    eminent domain were sufficient. However, in practice these laws were
    not respected. Domestic monitors reported that the number of property
    rights complaints they received continued to rise, compared with
    previous years. NGOs further reported that the Government did not
    rigorously enforce its own expropriation laws, especially outside of
    Baku. These NGOs reported that citizens did not trust the country's
    court system and were reluctant to pursue compensation claims. In 2009
    the Baku Executive Authority announced its plan to redevelop a section
    of the downtown area running from Heydar Aliyev Palace towards
    Azerbaijan Drama Theater. Residents of two main streets (Fuzuli and
    Shamsi Badalbeyli) were notified that they had to vacate their homes,
    for which they would be compensated at AZN 1,500 ($1,830) per 11 square
    feet. Human rights defenders reported that water, electricity, and gas
    were shut off in the buildings to force occupants to vacate. At year's
    end, residents remained dissatisfied, and tensions with local
    authorities continued. Most houses had, however, been demolished and
    fenced off from residents.
        During the year six of the 18 cases on which the ECHR ruled
    involved property rights (see section 1.e).

        f. Arbitrary Interference With Privacy, Family, Home, or
    Correspondence.--The law prohibits arbitrary invasions of privacy and
    monitoring of correspondence and other private communications; the
    Government did not respect these legal prohibitions in practice.
        The constitution allows for searches of residences only with a
    court order or in cases specifically provided by law; however,
    authorities often conducted searches without warrants. It was widely
    believed that the Ministry of National Security and the Ministry of
    Internal Affairs monitored telephone and Internet communications,
    particularly those of foreigners, prominent political and business
    figures, and persons engaged in international communication. In one
    such incident in 2009, the Ministry of National Security identified and
    questioned many of the 43 persons who voted via text message for the
    Armenian entry into the annual Eurovision song contest. After an
    investigation, the European Broadcasting Union, which ran the contest,
    decided not to sanction the country's public television channel but
    changed its rules so that, in the future, the television company that
    broadcasts the program will be responsible for the actions of the
    telephone companies with which it works.
        Police continued to intimidate and harass family members of
    suspected criminals.
        Military service is universal for all men age 18 to 35. Waivers
    exist for physical reasons such as poor eyesight. There was a
    widespread belief that a waiver from military service could be
    purchased. Citizens also believed that assignments to easier military
    duties could be bought. The constitution provides alternative service
    for conscientious objectors; however, the law on military service
    provided no clear implementation mechanism. Some chose to go to jail
    rather than serve in the military.
    Section 2. Respect for Civil Liberties, Including:

        a. Freedom of Speech and Press.--The law provides for freedom of
    speech and of the press and specifically prohibits press censorship;
    however, the Government often did not respect these rights in practice.
    During the year the Government released six journalists and two
    bloggers, but limited media independence remained a problem.
        In September the international NGO Article 19 reported that freedom
    of expression had ``significantly deteriorated'' in the country since
    2005 for journalists, activists, and ordinary citizens. Article 19
    found that self-censorship had become ``pervasive'' and that many civil
    society and political party activists felt that they were living in an
    environment increasingly hostile to freedom of expression. The
    international NGO International Crisis Group stated that ``the absence
    of a free and constructive exchange of information and ideas breeds an
    atmosphere of distrust and resentment.'' Nevertheless, many opposition
    parties continued to publish newspapers, and human rights activists
    were mostly able to conduct their work without fear of reprisal.
        On October 9, police raided the office of the proreform youth
    movement Dalga, evicting members from the premises. Dalga closed its
    offices on October 11. The raid reportedly took place in response to
    Dalga members' publicly wearing T-shirts depicting democratic reformer
    Mammad Emin Rasulzade, the president of the first Azerbaijan Democratic
    Republic in 1918-1920.
        In 2009 the Government amended the law on mass media to make it
    easier for the Government to close a publication.
        A number of opposition and independent media outlets operated
    during the year. The print media expressed a wide variety of views on
    government policies, although objective, professional reporting was
    rare. The broadcast media adhered almost exclusively to a progovernment
    line in their news coverage.
        Most print outlets in the country were organs of the ruling party,
    opposition parties, or were thought to be connected to prominent
    government officials. Newspaper circulation rates, both government and
    opposition, were low, not surpassing 5,000 in most cases. Many
    newspapers were circulated only in the capital. There were eight
    national television stations and 14 regional outlets. There were 11
    national radio broadcasters. The Government prohibited Voice of
    America, Radio Free Europe/Radio Liberty, and the BBC from broadcasting
    on national FM frequencies and national television. Without these
    international broadcasters, the public did not have access to unbiased
    news on any widely available broadcast media. There also were several
    national state-owned newspapers and numerous newspapers funded by city
    or district-level officials.
        On July 22, National Press Day, President Aliyev allocated AZN
    20,000 ($24,390) to each of 32 newspapers. The group of 32 newspapers
    included those associated with the Government and with the opposition.
        On August 1, the publisher of Azadliq, one of two major opposition
    daily newspapers, barred Azadliq employees from printing activities for
    two days because of a reported AZN 16,000 ($19,510) debt owed to the
    publisher. Press reports of the incident stated that the editor in
    chief, Qanimat Zahid, characterized this demand for payment as
    government pressure and taking back its previous financial aid.
        Some private television stations operated, but independent media
    monitoring found their programs to be biased in favor of the ruling
    party. ANS Television, the audience leader, was generally regarded as a
    source of relatively balanced news coverage prior to its temporary
    closure by the National Television and Radio Council (NTRC) in 2006.
    However, most media monitors believed ANS had since adopted a more
    cautious, self-censored approach to news coverage, often broadcasting
    the same news and news angles as government-sponsored media. In an
    August ANS analytical program, journalist Mirshahin Agayev criticized
    imprisoned journalist Eynulla Fatullayev and disparaged civil society
    and opposition groups for advocating his release. Many observers
    believed the program was ordered by the Government and demonstrated the
    decline in the broadcaster's independence.
        The OSCE/ODIHR's media monitoring concluded that ``all monitored
    television channels devoted a considerable portion of their coverage to
    state authorities and their activities. Progovernment candidates gained
    an advantage prior to the commencement of the official campaign period
    as their competitors received hardly any news coverage on the monitored
    television channels.''
        During the year the Government released six journalists; however,
    two remained imprisoned or were jailed during the year on criminal
    convictions for libel and other charges supposedly unrelated to their
    work. International and local commentators believed that the Government
    targeted the journalists due to their criticism of government figures
    and policies.
        On March 17, the Government released Ganimat Zahid, editor in chief
    of Azadliq newspaper after a presidential pardon. Zahid had been
    convicted of hooliganism and inflicting minor bodily harm in 2007.
    International and domestic observers considered his imprisonment to be
    politically motivated.
        On July 6, the Qarabagh District Court sentenced Eynulla Fatullayev
    to two years and six months of imprisonment for heroin possession. At
    the time of the ruling, Fatullayev was serving an eight-year, six-month
    prison sentence on charges of supporting terrorism, inciting ethnic
    hatred, and tax evasion. International and domestic observers
    considered his imprisonment politically motivated. The OSCE
    representative on media freedom called the drug charge ``highly
    improbable.'' Local human rights defenders believed the drug case was
    brought to keep Fatullayev imprisoned in anticipation of an ECHR ruling
    exonerating him on the previous charges. On April 22, the ECHR ordered
    Fatullayev's immediate release and awarded him compensation. The
    Government appealed the decision to the Grand Chamber of the ECHR,
    which on October 4 refused to hear the case. On November 5, the Court
    of Appeals held a hearing remanding Fatullayev into detention pending
    his appeal hearing on the drug conviction. On November 11, the Plenum
    of the Supreme Court formally absolved Fatullayev of the incitement and
    libel charges but increased his tax evasion sentence to two years, six
    months--essentially time served. Fatullayev remained in detention
    pending the appeal of his drug conviction at year's end.
        On November 2, the Gubadly District Court sentenced Guzgu newspaper
    correspondent Kamran Bayaliyev (Kamran Sekhavet) to one year of
    corrective labor for hooliganism and inflicting intentional minor
    bodily injuries. The Institute for Reporters' Freedom and Safety (IRFS)
    considered this sentence to be retribution for articles Bayaliyev
    published in 2009 criticizing local authorities in Jeyranbatan for
    alleged corruption. At the end of the year, the case had moved to the
    Sumqayit Court of Appeals.
        A number of journalists who criticized government officials in the
    course of their work were subjected to harassment, threats, and acts of
    physical violence that appeared to be connected to their criticism of
    the Government or public officials. The Government did not hold
    perpetrators accountable. According to Reporters without Borders,
    independent and opposition journalists were under constant pressure
    because of their work.
        A media-monitoring NGO reported that during the year there were 106
    incidents involving verbal or physical assaults on journalists,
    compared with 51 such cases in 2009.
        For example, according to Human Rights Watch, on May 15,
    authorities arrested Seymur Haziev, a reporter for Azadlig and Bizim
    Yol, for taking part in a rally calling for the lifting of restrictions
    on freedom of assembly in advance of the November parliamentary
    elections. Police took Haziev, along with 30 others, to a police
    station and interrogated him without allowing him access to a lawyer.
    Haziev was charged with resisting arrest and sentenced to seven days'
    imprisonment by a Baku court. Haziev told Human Rights Watch that, on
    May 17, he was taken from his cell and escorted to a room where two men
    kicked and hit him periodically during a one-hour interrogation in
    which they asked Haziev why he wrote articles critical of President
    Ilham Aliyev and the Government. On May 22, Haziev was released. After
    the incident, Haziev filed a complaint against the police. At year's
    end the case was still pending.
        On July 28, Yeni Musavat reported that unidentified men attacked
    reporters Elmin Badalov and Anar Gerayli while they were taking
    photographs for an investigative story about luxury villas on the
    outskirts of Baku that allegedly belonged to Transportation Minister
    Ziya Mammadov. While they were taking pictures of the villa, three cars
    pulled up and six men got out, beat the two reporters, and threatened
    their lives. The unidentified men held the two journalists for three
    hours around the premises and then released them after deleting the
    photographs. Immediately after reporting the incident, Yeni Musavat
    lodged a complaint with the police. However, at year's end, the police
    had yet to summon either victim.
        The editor in chief of Komanda newspaper, Rashad Ergun, claimed
    that, on August 22, soccer player Mahmud Gurbanov assaulted him in
    retaliation for an August 15 article he wrote that was critical of
    Gurbanov. Ergun sued Gurbanov, and the case was under investigation at
    year's end.
        In January 2009 police assaulted Afgan Mukhtarli, a reporter for
    the opposition newspaper Yeni Musavat. According to Human Rights Watch,
    Mukhtarli alleged that the Yasamal District police chief ordered the
    attack. Mukhtarli had previously written articles criticizing the
    police chief.
        In April 2009 Yasamal District police beat three employees of ANS
    Television as they were filming the controversial destruction of a
    mosque. The employees received minor injuries, and their equipment was
    destroyed. Police eventually compensated the channel for the equipment
    but did not return the video of the incident.
        Police physically assaulted three journalists, Elchin Hasanov,
    Afgan Mukhtarli, and Natig Adilov, in front of Police Department No. 39
    in Sabail District in May 2009. The journalists were reporting on the
    detention of a group of youth who had protested against the celebration
    of ``flower day'' and the absence of any official mourning for the
    victims of the mass killing at the Azerbaijan State Oil Academy. On
    April 2, the Sabail District Court dismissed the journalists' complaint
    against the police. The journalists filed an appeal, which was heard on
    November 2 by the Court of Appeals. During the hearing, a video was
    shown with footage of police assaulting the journalists. Defense
    witness Rufet Alakberov testified that the police officers who
    assaulted the journalists were not employees of the Sabail District
    Police Office. After deliberation, the judge dismissed the lawsuit.
        In September 2009, unknown assailants beat the editor in chief of
    Ayan newspaper, Javid Alasgaroglu, and threw him into a trash dump.
    Alasgaroglu sustained serious injuries and was hospitalized. The
    victim's family attributed the incident to Alasgaroglu's professional
    activity. The newspaper had published several critical articles about
    government officials.
        Emin Huseynov, a reporter who was chair of the IRFS, was
    hospitalized after being beaten by police in 2008 while covering the
    breaking up of a public meeting by police. He later filed suit against
    the Ministry of Internal Affairs, charging that no legal action had
    been taken against his attackers.
        There were no indications that authorities held any police officers
    accountable for physical assaults on journalists in recent years.
        Serious concerns remained about impunity in the 2005 killing of
    Elmar Huseynov. Media and human rights activists continued to call on
    the Government to investigate the case fully. Those highlighting the
    lack of accountability for the killing during the year included the
    OSCE's representative for freedom of the media, the International
    Crisis Group, and a group of nine international NGOs. Imprisoned
    journalist Eynulla Fatullayev issued an appeal in March asserting that
    a senior National Security Ministry official had organized Huseynov's
    murder, that the ministry had attempted to block his and others'
    independent investigation of the murder, and that the ministry had him
    arrested for having continued to investigate the killing. Within weeks
    of Fatullayev's statement, his father reported a death threat made
    against both of them if they did not ``shut up once and for all.'' The
    Committee to Protect Journalists concluded that Fatullayev's
    imprisonment was in reprisal for his extensive coverage of Huseynov's
    unsolved murder.
        In February the Milli Majlis amended two laws to implement several
    changes approved in the March 2009 constitutional referendum that limit
    media freedom. These included a prohibition on videotaping or
    photographing anyone without their permission. The authorities
    implemented this prohibition selectively. For example, on July 20,
    citing the law, Presidential Administration guards harassed a group of
    journalists who were photographing and filming a protest in Sabirabad
    by residents unhappy with the Government response to flood damage in
    the region. The guards detained IRFS and Turan Information Agency
    employees Javid Gurbanov and Mehman Huseynov, Radio Liberty
    correspondent Abbas Atilay, and Bizim Yol newspaper correspondent Haji
    Zeynalov. The guards seized the journalists' videotape, erased images
    of administration buildings, and issued a warning that they were not
    authorized to film or photograph the administration's premises. In
    contrast, authorities took no action to apply the law when Lider
    Television broadcast a video of an opposition newspaper editor engaged
    in a sexually explicit act with a woman on October 25, weeks away from
    the November parliamentary elections. A nationwide television station,
    Lider was considered to be closely aligned with the Government.
        Although pro-opposition journalists openly criticized government
    officials, a combination of intimidation and a desire not to alienate
    potential advertisers led most independent journalists and editors to
    practice some degree of self-censorship.
        Suspect lawsuits were also used to intimidate journalists. For
    example, during the year there were 40 civil cases against media.
    Lawsuits were filed against the following media outlets and
    journalists: six cases were brought against opposition newspaper Yeni
    Musavat, three against its deputy editor in chief Azar Ayxan, and one
    against its editor in chief Rauf Arifoglu. Three lawsuits were filed
    against Azadliq and its reporter Alovsat Osmanly. Two lawsuits were
    filed against Bizim Yol news and its correspondent Natig Jadaly. Four
    lawsuits were brought against Gundelik Baki newspaper and one against
    Hurriyet newspaper. Lawsuits were also filed against Olke newspaper,
    its editor in chief Rafael Bejanov, and its reporters Elmidar Bayramov,
    Nijat Daglar, Nasimi Sharafkhanly, and Zulfugar Huseynli. Six lawsuits
    were filed against Khural newspaper's editor in chief Avaz Zeynally and
    deputy editor in chief Malahat Zeynally. Lawsuits also were brought
    against Dunya Kriminaly newspaper, Trend Information Agency, Milletim
    newspaper's Faramaz Novruzoglu, P.S. Nota newspaper, editor in chief
    Saradar Alibayli, and Tribuna Information Agency.
        These 40 civil lawsuits were filed by Ramiz Mehdiyev, the head of
    the Presidential Administration; the Text-book Evaluation Council of
    the Ministry of Education; Mahin Orujova, the director of Children
    Music School # 3; Elsevar Akhundov, a military unit commander; Ikhtiyar
    Shirin, a former prosecutor general; Rasim Musayev, the chief of the
    Ganja City Police Department; Jalal Aliyev, a member of parliament;
    Novruzali Aslanov, a member of parliament; the head of the Binagadi
    Municipality; imprisoned editor in chief of Ideal newspaper Nazim
    Guliyev; Dilshad Amirova, an owner of the Bina Shopping Center; Nina
    Ahmadovam, a citizen; and Singer Karim. Anar Mammadov, son of Minister
    of Transportation Ziya Mammadov, filed a lawsuit against Azadliq and
    Yeni Musavat newspapers demanding each be fined AZN 500,000 ($609,760).
        During the year a total of AZN 37,500 ($45,730) in fines were
    levied against media organizations. The highest amounts were fines
    against the Tribuna Agency, an independent on-line agency known for
    criticizing low- to mid-level officials, for AZN 20,000 ($24,390) and
    Khural newspaper, a weekly paper known for its pan-Turkish ideas, for
    AZN 10,000 ($12,195).
        The law allows for large fines and up to three years' imprisonment
    for persons convicted of libel. Administration officials stated
    publicly in April 2009 that this provision would be removed from the
    criminal code, and subsequently courts overturned the conviction of two
    journalists for libel. However, the Government's statements
    notwithstanding, libel remains a criminal offense.
        In previous years the Government used defamation suits and the
    threat of exorbitantly high fines for libel to intimidate and harass
    the media. Fine payments due from previous defamation suits threatened
    the financial viability of the print media and journalists. Government
    reliance on measures that hampered the printing and distribution of
    independent newspapers and magazines remained largely unchanged.
        Most newspapers and magazines were printed in government publishing
    houses or on private printing presses owned by individuals who had
    connections with government officials. The majority of independent and
    opposition newspapers remained in precarious financial situations; they
    continued to have problems paying wages, taxes, and periodic court
    fines. Most relied on political parties or influential sponsors for
    financing. According to prominent journalists, government
    representatives directly or indirectly dissuaded companies and
    institutions from placing advertising in opposition media. As a result,
    paid advertising was largely absent in opposition media.
        The Government prohibited some state libraries from subscribing to
    opposition newspapers, prohibited state businesses from buying
    advertising in opposition newspapers, and pressured private business to
    do the same. Political commentators noted this practice reduced the
    wages that opposition and independent outlets could pay to their
    journalists, allowing progovernment outlets to hire away quality staff.
    In addition, international media monitoring reports indicated that
    intimidation by officials of the Ministry of Taxes further limited the
    independence of the media.
        There were no restrictions on systems to receive satellite
    broadcasts by foreign stations, but the NTRC continued to impose a
    general requirement that local, privately owned television and radio
    stations not rebroadcast entire news programs of foreign origin.
        In October, nine international NGOs reported that the environment
    for journalists in the regions was more restrictive than in Baku. They
    highlighted the situation in the exclave of Nakhchivan as especially
    dangerous. In 2009, Nakhchivan- and Baku-based journalists reported
    that authorities in Nakhchivan continued to block distribution of
    opposition newspapers.

        Internet Freedom.--The Government generally did not restrict access
    to the Internet, but it required Internet service providers to be
    licensed and have formal agreements with the Ministry of Communications
    and Information Technologies. The Ministry of Communication and
    Information Technologies reported that 45 percent of the population
    used the Internet; broadband access reached 12 percent of the
    population, and there were 14 computers per 100 inhabitants.
        There was no evidence to confirm the widely held belief that the
    Government monitored Internet traffic of foreign businesses and
    opposition leaders. On October 8, users of the satirical www.eqreb.com
    Web site could access it only through proxy servers outside of the
    country, since it was blocked from direct access within the country. A
    local NGO monitoring the media situation in the country assessed the
    move as government censorship.
        Domestic observers stated that during the year, the Government did
    not block Web sites throughout the majority of the country. However,
    the same observers indicated that Web sites were blocked routinely in
    the exclave of Nakhchivan.
        On November 18, authorities suspended the sentence of youth
    activist and blogger Adnan Hajizade and released him on parole. On
    November 19, a court ordered the release of youth activist and blogger
    Emin Milli under the same conditions. Police had arrested Hajizade and
    Milli in July 2009 when they complained to police about an attack on
    them by two men. Hajizadeh and Milli were sentenced to prison terms of
    24 months and 30 months, respectively, in November 2009.

        Academic Freedom and Cultural Events.--The Government on occasion
    restricted academic freedom.
        Some domestic observers raised concerns about the Government's
    selection of participants for state-sponsored study abroad programs.
    The Government maintained that its selection process was transparent
    and that political affiliation was not a factor.
        Opposition party members continued to report difficulties in
    finding jobs teaching at schools and universities. Most known
    opposition party members teaching in state educational institutions had
    been fired in previous years.
        On January 19, the State Oil Academy dismissed student Elmin
    Badalov, who also worked as a journalist for the Poligon information
    agency. At the end of 2009 Badalov had published an article regarding
    bribery cases and financial fraud at the academy. On April 5, Badalov
    filed a lawsuit challenging his dismissal and appealed to the Court of
    Appeals on May 5. As of the end of the year, the case was pending at
    the Supreme Court.
        During the fall parliamentary election campaign, students reported
    pressure from the administration to avoid cooperation with independent
    election monitoring organizations as well as pressure to vote for the
    Government's candidate. During the 2008 presidential election campaign,
    students at several universities reported pressure from deans to avoid
    cooperation with an independent NGO monitoring the election. Some
    students reported being directed by the deans of their faculties to
    change voter registration from their home districts so that they would
    have to vote at the university. Others reported that universities
    required students to attend pro-presidential rallies, providing
    transportation and threatening students with expulsion if they did not
    attend. In another case students were threatened with expulsion from
    their dormitory if they participated in election monitoring.
        There were no reports of government restrictions on cultural
    events.

        b. Freedom of Peaceful Assembly and Association.--Freedom of
    Assembly.--The law provides for freedom of assembly; however, the
    Government severely restricted this right in practice. Although the law
    stipulates that groups may peacefully assemble only with prior
    notification of relevant government bodies, the Government continued to
    interpret this provision as a requirement for advance permission from
    local officials.
        During the year the Government continued to require all rallies to
    be preapproved and held at designated locations far removed from city
    centers, a stipulation that most political parties and NGOs found
    unacceptable. Authorities throughout the country routinely refused such
    requests.
        The Government denied opposition, NGO, religious freedom advocates,
    and others' requests to hold rallies on multiple occasions and broke up
    several unsanctioned pickets and demonstrations, often detaining
    participants for several hours. Many of these detentions were arbitrary
    (see section 1.d.)
        For example, on May 15, the opposition Azadliq coalition held an
    unsanctioned rally in Baku. Police detained 10 participants from the
    opposition: five protesters for seven days and five for five days.
        On June 5, the Azadliq coalition held another unsanctioned rally in
    Baku. After breaking it up, police briefly detained 19 participants.
        On June 12, Musavat and the Popular Front Party (PFP) held an
    unsanctioned demonstration in Baku. Police detained 32 persons
    including activists Ramiz Khalilov (Musavat) and Abulfaz Gurbanly (PFP)
    for 10 days each. Police also issued official warnings to Arif Hajily
    and Tofig Yagublu and fined Tural Abbasly and Ahad Mammdli each AZN 25
    ($30).
        On June 19, the Azadliq coalition again held an unauthorized
    protest in Baku. Police detained 83 participants. The police later
    released 79, but four activists were detained for several days.
        On July 3, opposition parties held a united unsanctioned
    demonstration in Baku. Police detained approximately 70 participants.
    Prior to the demonstration, police detained three opposition activists
    at their homes: Tural Abbasly, Yalchin Abbasly, and Ahad Mammadli. The
    court issued them official warnings and fined them each AZN 25 ($30).
    Police also detained nine other opposition activists prior to the
    protest, including Fuad Gahramanly, Razi Nurullayev, Nuraddin Mammadli,
    and Abulfaz Gurbanly. Police took 10 or 11 protesters to Sabayil
    District Police Station #8 and released them that evening. Police drove
    the remaining protesters, nearly 60 individuals, 40 miles away from
    Baku to Gobustan and inexplicably abandoned them in an isolated area.
        On July 31, opposition parties PFP, Classic Popular Front, and
    Musavat held an unsanctioned demonstration in Baku; police detained
    more than 100 protesters. Police issued warnings to 10 protesters;
    seven were detained for 10 days, one for eight days, and two for seven
    days. Police fined seven persons AZN 20-25 ($25-30). Police bused 20
    protesters 40 miles away from Baku to Gobustan and dropped the
    protesters there, leaving them to find their own ways back to the city.
        On August 9, Turan News Agency reported that the Baku Mayor's
    Office refused to authorize a rally of unregistered NGOs. The NGOs
    requested permission to rally on a square near the Ministry of Justice
    on August 4. The mayor's office refused on the grounds that the rally
    would disturb people resting in the square and demonstrating near state
    facilities is not allowed.
        Prior to October 10, the PFP-Musavat Block applied to the Baku
    Mayor's Office for permission to hold a rally on October 10 in support
    of freedom of assembly. Reportedly, Chairman of the Central Election
    Commission Mazahir Panahov said that the assembly was in violation of
    the election code because it was outside the designated campaign
    period. The opposition block disagreed with this characterization of
    its intent but moved the assembly to October 17. The Baku Mayor's
    Office again withheld permission. In the run up to parliamentary
    elections, the PFP-Musavat Block did not hold any unauthorized rallies.
        On December 9, Minister of Education Misir Mardanov announced that
    girls were not allowed to wear hijab (headscarf) at school. News
    organizations reported that during a December 10 rally attended by
    hundreds protesting this ban outside of the Ministry of Education,
    police arrested 12 demonstrators. On December 15, approximately 100
    persons in the Masalli region reportedly participated in a rally
    opposing the hijab ban. Two persons reportedly were arrested. On
    December 16, in Nardaran village, several thousand protested the ban.
        Yusif Alikramoglu, Hajikuli Hashimov, and Azer Sarjanov were
    arrested for breaking a window at a school in Baku to protest the ban
    on hijab at schools. On December 23 they were released. The accused
    said they had been arrested on a framed-up charge, reported the Centre
    for Protection of Religion.

        Freedom of Association.--The law provides for freedom of
    association, although in practice the Government's restriction of this
    right tightened during the year. A number of provisions allow the
    Government to regulate the activities of political parties, religious
    groups, businesses, and NGOs, including a requirement that all
    organizations register either with the Justice Ministry or the State
    Committee on Work with Religious Associations. Although the law
    requires the Government to act on registration applications within 30
    days of receipt, vague, cumbersome, and nontransparent registration
    procedures continued to result in long delays that effectively limited
    citizens' right to associate.
        In June 2009 the Milli Majlis amended the law on NGOs to add new
    restrictions on freedom of association. While officials removed the
    most troublesome provisions of the first draft of the amended law, the
    new amendments contained some restrictions, including requiring
    deputies of NGO branches to be Azerbaijani citizens and requiring
    foreign NGOs to sign an agreement with the Government before opening an
    office. In December 2009 President Aliyev issued a decree making
    further changes to the law on NGOs. International and local NGOs were
    concerned by a new provision in this decree that requires NGOs to
    register all grants they receive with the Ministry of Justice.
        Some NGOs estimated that approximately 1,000 such groups remained
    unregistered at year's end.
        For example, the NGO Election Monitoring Center (EMC), which the
    ministry deregistered in 2008, attempted to register as a new
    organization, the Election Monitoring and Democracy Studies Center
    (EMDS) that December. The organization was denied registration on what
    observers believed to be unsubstantial grounds. In November 2009 the
    EMC appealed to the ECHR; the case remained pending at year's end. On
    February 2, EMDS appealed its registration application to the Supreme
    Court. On August 13, the Supreme Court returned the case to the Court
    of Appeals, where it remained at year's end.
        Human Rights Watch reported that the Ministry of Justice denied
    registration to the Television and Alternative Media Development Center
    three times during the year.

        c. Freedom of Religion.--For a complete description of religious
    freedom, please see the 2010 International Religious Freedom Report at
    www.state.gov/g/drl/irf/rpt.

        d. Freedom of Movement, Internally Displaced Persons, Protection of
    Refugees, and Stateless Persons.--The law provides for freedom of
    movement within the country, foreign travel, emigration, and
    repatriation; however, the Government limited freedom of movement at
    times, particularly for internally displaced persons (IDPs).
        The Government cooperated with the Office of the UN High
    Commissioner for Refugees (UNHCR) and other humanitarian organizations
    in providing protection and assistance to IDPs, refugees, returning
    refugees, asylum seekers, stateless persons, and other persons of
    concern. The State Migration Service was responsible for all refugee
    matters, including refugee status determination. International NGOs
    continued to report that this department, created in 2007, remained
    inefficient and did not operate transparently.
        Since 2006 the Government has prevented the foreign travel of PFP
    chairman Ali Kerimli, by refusing to renew his passport, citing an
    outstanding civil complaint against him from 1994. The Government had
    renewed Kerimli's passport on several occasions in the intervening
    years without objection. Kerimli filed an appeal on the decision, which
    was rejected at all levels of the court system. Kerimli submitted his
    case to the ECHR in January 2009 and was awaiting a judgment at year's
    end.
        After the parliamentary elections, the Government prevented former
    candidate and democracy activist Bakhtiyar Hajiyev from crossing the
    border into Georgia to pursue graduate studies, citing his obligation
    to complete mandatory military service. Observers believed that the
    authorities did so because of Hajiyev's activism, which included
    placing evidence of electoral fraud on You Tube.
        The law requires men of draft age to register with military
    officials before traveling abroad. Those pursuing higher education may
    request a deferment to complete their studies. The law on military
    service does not stipulate deferments for undergraduate or graduate
    studies although military draft boards commonly granted such deferments
    upon presenting annual proof of enrollment. Some travel restrictions
    were placed on military personnel with access to national security
    information. Citizens charged with or convicted of criminal offenses
    and given suspended sentences were not permitted to travel abroad.
    Officials regularly extracted bribes from individuals who applied for
    passports.
        While official government policy allows citizens of ethnic Armenian
    descent to travel, low-level officials reportedly often requested
    bribes or harassed ethnic Armenians who applied for passports. Some
    Armenians of mixed descent reported to a local NGO that they had
    problems with officials in the passport and registration department
    when applying for identification cards. Applicants with Azerbaijani
    surnames who applied encountered no problems except for having to pay
    bribes.
        Since his 2004 conviction for participating in postelection
    demonstrations in 2003, the Government prevented the former imam of the
    Juma Mosque in Baku, Ilgar Ibrahimoglu, from traveling outside the
    country. At the close of the year, his status remained unchanged.
        The law prohibits forced exile, and the Government did not employ
    it.

        Internally Displaced Persons.--As of year's end, the UNHCR reported
    that there were 592,860 registered IDPs in the country, representing
    151,085 families. The vast majority fled their homes between 1988 and
    1993 as a result of the Nagorno-Karabakh conflict.
        IDPs were required to register their place of residence with
    authorities and could live only in approved areas. This so-called
    ``propiska'' system, a carryover from the Soviet era, was imposed
    mainly on persons who were forced from their homes after ethnic
    Armenian separatists took control of the Nagorno-Karabakh region and
    adjacent territories in the western part of Azerbaijan. The Government
    asserted that registration was needed to keep track of IDPs to provide
    them with assistance. According to the Internal Displacement Monitoring
    Center, many IDPs who resided in Baku were unable to register their
    residence, gain access to formal employment, government assistance,
    health care, education, or pensions and had difficulty buying property.
        The UNHCR reported that during the year, the Government built three
    new IDP settlements (one rural and two urban) in Aghdam, Yevlakh, and
    Goranboy. During the last year 7,047 IDPs (1566 families) were
    relocated to these settlements. By the end of the year, the total
    number of new settlements was 67 for 20,000 families comprising 90,000
    individuals.
        The State IDP and Refugee Committee reported that on February 27,
    in Gabala 155 IDP families were re-housed in two newly constructed
    buildings. It reported that on November 10, in Yevlakh 612 IDP families
    were re-housed in a new building. It reported that on November 11, in
    Aghdam Region, a new settlement opened for 689 IDP families.
    Additionally, 70 IDP families in Baku were relocated to a five-story
    building in Absheron Region. The committee moved 40 IDP families,
    temporarily settled in Zaraghan village of Gabala Region, to a new
    apartment. In the area of Goranboy Region the construction of five-
    story buildings for 164 IDP families and a school building for 360
    pupils were completed.
        During the year 2,360 IDPs were provided with permanent jobs, and
    4,458 individuals received seasonal jobs; 123 were eligible for
    unemployment assistance. The committee enrolled 363 individuals in
    vocational training, and 312 were involved in payable public
    activities. An additional 97 various community microprojects were
    completed by the Social Development Fund for IDPs.
        The State IDP and Refugee Committee reported its 2010 budget was
    AZN 340 million ($414.6 million), up from 307.8 million AZN in 2009
    ($375.4 million). IDPs received monthly food subsidies and heating fuel
    subsidies in the winter.

        Protection of Refugees.--The country's laws provide for the
    granting of asylum or refugee status, and the Government has
    established a system for providing protection to some refugees through
    the Refugee Status Determination Department. While the department
    progressed in many ways, improvement was offset by a series of court
    rulings on refugee status determinations that rejected all appeals of
    negative asylum decisions.
        In practice the Government provided some protection against the
    expulsion or return of refugees to countries where their lives or
    freedom would be threatened on account of their race, religion,
    nationality, membership in a particular social group, or political
    opinion. As of December 31, the UNHCR had 1965 individuals registered
    with them: 1,891 refugees and 74 asylum seekers, a decrease of 9
    percent from 2009. The State Migration Service reported that it had
    granted 69 individuals refugee status during the year. According to the
    UNHCR, most of these individuals were ethnic Azerbaijanis from Iran.
    The Government did not provide any notable assistance to government- or
    UNHCR-recognized refugees or asylum seekers.
        The two largest groups among the refugees are the Chechens and
    Afghans. The Government did not recognize most refugees as refugees
    under the 1951 convention. As a result, the UNHCR continued to carry
    out all protection and assistance functions for populations of concern
    in the country.
        Despite UNHCR recognition of Chechens and Afghans as populations of
    concern, the laws on residence, registration, and the status of
    refugees and IDPs do not apply to these populations. They are required
    to register with police and are not entitled to residence permits.
    Chechens are permitted to enter the country visa-free under a bilateral
    passport system with Russia.
        According to the UNHCR, 82 Chechens sought and were granted
    temporary protection during 2009, a 40 percent decrease from the
    previous year. All refugee children registered with the UNHCR were
    allowed to attend public schools. However, because Chechens and Afghans
    did not have legal resident status in the country, they were not
    permitted access to public medical services. The UNHCR provided basic
    medical assistance with the support of foreign donors.
        During 2009, 100 Afghans arrived and registered with the UNHCR, a
    decrease from previous years. Afghans complained of police visits to
    their homes, with the implied threat of deportation. There were no
    reports of forced return of Afghans. Afghan community leaders reported
    that the UNHCR denied protection to 50 persons during the year. In
    addition, they reported that UNHCR benefits were not enough to support
    their families, and that without legal status in the country it was
    impossible to find work.
        The Government has no legal mechanism to provide temporary
    protection to individuals who do not qualify as refugees. However, the
    Government accepted the UNHCR identification cards issued to Chechens
    and Afghans.

        Stateless Persons.--Citizenship is derived by birth within the
    country or from one's parents. The law provides for the right to apply
    for stateless status. However, in practice many persons could not
    obtain the documentation required for the application and therefore
    remained formally unrecognized. The law on citizenship was amended in
    2008 to make it harder for foreigners and stateless persons to obtain
    citizenship.
        According to UNHCR statistics, the Government reported there were
    2,078 stateless persons in the country at the end of 2009. The vast
    majority of these persons were ethnic Azeris from Georgia or Iran. NGOs
    estimated there were many other undocumented stateless persons, with
    estimates ranging from hundreds to tens of thousands, among them
    Meskhetian Turks, whose status was not formally recognized and who did
    not possess stateless certificates.
    Section 3. Respect for Political Rights: The Right of Citizens to
            Change Their Government
        The constitution and law provide citizens with the right to change
    their government peacefully; however, the Government continued to
    restrict this right in practice by interfering in elections. The law
    also provides for an independent legislature; however, the Milli
    Majlis's independence was minimal, and it exercised little legislative
    initiative independent of the executive branch. Unlike previous
    elections since the country's independence, no opposition party members
    obtained seats in the flawed November 7 parliamentary elections.

        Elections and Political Participation.--On November 7,
    parliamentary elections held throughout the country included the
    participation of progovernment and opposition political parties.
    However, these elections did not meet a number of international
    standards for a democratic election. According to domestic and
    international observers, shortcomings included a deficient candidate
    registration process, constraints on freedom of assembly and
    expression, a restrictive political environment, imbalanced media
    coverage of candidates, and unequal treatment of candidates by
    authorities. The OSCE/ODIHR final report concluded that overall, the
    elections did not meet a number of key OSCE commitments for democratic
    elections and important elements of domestic legislation.
        In June the Milli Majlis amended the election code with little
    public debate. Some of the amendments partially addressed concerns
    raised by the Council of Europe and the OSCE. However, other provisions
    further shortened the overall election period and the election campaign
    phase and eliminated limited state funding for candidates. The
    structure of election commissions at all levels--a longstanding
    problem--was not made more balanced by the amendments, and concerns
    remained over the eligibility of candidates, complaints, appeals
    procedures, and the equality of the vote.
        In the run-up to the November parliamentary elections, the
    Government limited opposition parties' right to assemble by insisting
    that such demonstrations and candidate meetings with voters take place
    far from the center of Baku, often in places difficult to reach via
    public transportation (see section 2.b.).
        Opposition parties and local NGOs reported widespread interference
    in the candidate registration process. Election officials registered
    nearly 100 percent of the ruling Yeni Azerbaijan Party candidates, but
    only 30-40 percent of opposition party candidates. Media monitors
    concluded that news coverage favoring the ruling Yeni Azerbaijan Party,
    combined with restrictive interpretations of public assembly laws,
    created an unlevel playing field for candidates during the official
    campaign period and exposed citizens to no meaningful political debate.
    The Central Election Commission (CEC) organized televised roundtables
    for all candidates, granting each candidate four minutes to present his
    or her platform and political views.
        Authorities accredited a large number of international and domestic
    observers; however, officials individually registered monitors from
    EMDS, one of the country's largest domestic observer organizations, and
    reportedly refused to accredit 40 EMDS monitors without providing a
    just cause. Although international observers saw domestic monitors in
    over half of the polling stations visited, precinct election
    commissions hindered independent domestic and international monitoring.
    EMDS reported that its observers encountered pressure from local
    authorities on election day and afterwards, despite a November 6 appeal
    from the EMDS chairman to the CEC chairman.
        International observers negatively rated 11 percent of voting
    procedures and 32 percent of vote counts in observed polling stations.
    They found the vote tabulation process insufficiently transparent and
    frequently inconsistent with procedures. The OSCE final election report
    also concluded that the CEC and courts generally did not respect due
    process in reviewing post-election complaints and appeals. The
    Constitutional Court confirmed the CEC's final election results while
    cases were still pending and before all legal deadlines for appeals had
    expired. According to the CEC, voter turnout was just under 50 percent,
    although most independent observers placed the figure at approximately
    20 percent.
        In the post-election period, there were reports of pressure on
    election observers, candidates, and family members.
        On November 9, Hafiz Aliyev, brother of EMDS election monitor
    Jeyhun Aliyev, was fired from his job as a biology teacher. On November
    10, Jeyhun Aliyev's father was fired from his job as a history teacher.
        On November 8, the chairman of the 103rd election district, Khalig
    Khudaverdiyev, called EMDS election monitor Imamverdi Valiyev to demand
    an official letter withdrawing Valiyev's formal complaints of election
    violations.
        One day before the November 7 parliamentary elections, Sakhavat
    Aliyev (candidate for opposition party Musavat) showed to OSCE long
    term observers a copy of an unsigned, but otherwise completed, protocol
    of election results for precinct #3 in his district (Sharur #2), which
    Radio Liberty's Web site later reported on. After it was reported, his
    family received four threatening telephone calls, and on November 14,
    the police detained Sakhavat's younger brother Sabit for seven days
    without charge. Sabit had served as one of Sakhavat's election
    observers. On December 10, in the Nakhchivan village of Pusyan, police
    officers severely beat other Aliyev family members, including
    Sakhavat's brother, Chapay Aliyev, who sustained a head injury. Police
    also beat five other members of the family: two female cousins, his
    sister, and his brother-in-law. During the same incursion, police
    bulldozed the family shop. The local hospital refused treatment of one
    of the women who sought help. Ambulances refused to pick up victims.
    Taxi drivers refused to transport victims to the hospital. Local NGOs
    reported a police cordon around the village. On or about December 25,
    the police dissolved the cordon, but at year's end, Chapay Aliyev had
    still not received medical attention.
        On November 22, Mammadgulu Aliyev went on a week-long hunger strike
    in protest of his and his son Hafiz's firing from their jobs as
    teachers in Nakhchivan. Mammadgulu Aliyev was the head of Musavat
    Party's local branch. Aliyev and his son observed the election and
    linked the loss of their jobs to their drawing attention to the
    electoral fraud they observed.
        The IRFS reported on December 7 that Zulfugar Tagiyev had been
    fired from a job he had held for 20 years with the Sharur Region
    Electricity Network Office. IRFS reported that Tagiyev was told he had
    been fired because he and his family had voted for Sakhavat Aliyev.
    Tagiyev also alleged that he did not yet have his letter of dismissal,
    which prevented him from going to court. Tagiyev sought relief from the
    Nakhchivan Supreme Assembly (parliament) and the Sharur Region Police
    Department.
        Also on December 7, IRFS reported that the head of the Sharur
    Region Communications Office had asked for the resignation of Zakir
    Asgarov, who was an independent election observer.
        In December 2009 municipal elections were held throughout the
    country. Media monitors concluded that all television stations largely
    ignored the preelection period. Political parties were required to have
    candidates registered in at least one-half of all municipalities in
    order to qualify for free airtime during this period, a requirement
    that only the ruling Yeni Azerbaijan Party met and subsequently refused
    to use. Opposition parties and local NGOs reported interference in the
    candidate registration process. Official results showed a turnout of
    approximately 32 percent, which was low for the country and indicated
    the general apathy of voters to these elections. Although the CEC
    announced plans to rerun some races in response to postelection
    complaints, such elections had not been held by year's end.
        In March 2009 authorities held a national referendum on 41 proposed
    changes to 29 articles of the constitution. The changes included, among
    other items, the removal of term limits on the presidency and a
    provision that postpones elections in times of war. Little time was
    given to the Milli Majlis or the public to discuss the changes sought
    by the administration. Opposition groups reported widespread
    harassment, including arrests and detention, while collecting
    signatures for registration and during the campaign period. Voters
    lacked the information necessary to make an informed choice on the
    large number of referendum items.
        Balloting procedures on referendum day were flawed and widely
    considered worse than the 2008 presidential election. Observers also
    noted significant shortcomings in the counting and tabulation process.
    Voter turnout was estimated by observers at 43 percent, rather than the
    official tally of more than 71 percent. This lower figure exceeded the
    25 percent threshold needed under the law for referendum to be valid.
        In the 2008 presidential election, the final report of the OSCE
    election observation mission stated that the election indicated that
    the country had made considerable progress toward meeting its OSCE
    commitments and other international standards, especially regarding
    some technical aspects of election administration, but found that the
    election process did not meet all of these commitments. The period
    prior to the 2008 election was marred by continued restrictions on
    freedom of speech and freedom of assembly for the main opposition
    parties. The main opposition parties boycotted the election, citing
    these restrictions and problems with the election code, especially
    provisions limiting their ability to campaign effectively.
        The ruling Yeni Azerbaijan Party continued to dominate the
    political system. Domestic observers reported that membership in the
    ruling party conferred advantages such as being given preference for
    public positions. Despite having formed political blocs in advance of
    the November parliamentary elections, none of the main opposition
    parties won seats to the Milli Majlis according to the official
    results.
        Members of the opposition were more likely to experience official
    harassment and arbitrary arrest and detention than other citizens.
    Regional branch opposition party members reported that local
    authorities often took actions to prevent routine party activities,
    such as pressuring restaurant owners not to allow opposition parties to
    use their facilities for meetings and events. Regional party members
    often had to conceal the purpose of their gatherings and hold them in
    remote locations. Opposition party members reported that police often
    dispersed small gatherings at tea houses and detained participants for
    questioning. For example, in a northern region, an opposition candidate
    reported that he was not informed regarding the time that the electoral
    commission would meet to consider his registration application.
    Therefore, the commission rejected his application, and he was not
    there to advocate on his own behalf. There were widespread complaints
    that an insufficient number of petition sheets were distributed to
    ensure a candidate made it through the registration process.
        Since 2006 opposition parties have had difficulties renting office
    space; some parties operated out of their leaders' apartments
    reportedly because landlords were afraid to rent office space to them
    due to official pressure.
        After the November 7 parliamentary elections, there were 19 women
    in the incoming parliament, up from 14 women in the previous
    parliament. Several women held senior government positions, including
    deputy speaker of the Milli Majlis. Hijran Huseynova was the chairwoman
    of the Committee for Family, Women, and Children Affairs, a ministerial
    level position. There were no legal restrictions on the participation
    of women in politics, although traditional social norms limited women's
    political roles, and they were underrepresented in governmental
    offices. No woman filled an ExCom (local authority) position.
        Minorities such as the Talysh, Avars, Russians, and Jews serve in
    the Milli Majlis and in government.
    Section 4. Official Corruption and Government Transparency
        The law penalizes corruption by prohibiting bribery; however, there
    was widespread corruption with impunity throughout society, including
    in the civil service, government ministries, and the highest levels of
    government.
        The World Bank's worldwide governance indicators reflected that
    corruption was a severe problem. Transparency International reported
    some improvement during the year due to the establishment of a
    financial intelligence unit and improved coordination and cooperation
    in combating corruption-related violations in the field of state and
    municipal property management. However, the International Crisis Group
    reported that there was an increased reliance on corruption by elites
    ``to dominate virtually all aspects of public life.''
        Criminal cases related to petty corruption were opened during the
    year, specifically on bribery charges. However, these cases had little
    or no impact on the prevalence of bribery and petty and grand
    corruption in the country. In 2009 the Presidential Administration
    removed from office the appointed head of the Executive Committee of
    the Nizami District of Baku, Mehbali Aliyev, reportedly due to
    corruption. No criminal charges had been filed against Aliyev as of the
    end of the year.
        Law enforcement corruption was a problem. Police often levied
    spurious, informal fines for traffic and other minor violations and
    extracted protection money from local residents. In previous years,
    traffic police officers received substantial pay raises to counter
    corruption; nevertheless, the low wages of other law enforcement
    officials continued to contribute to police corruption. During the year
    the ministry reported that it dismissed and brought criminal cases
    against six police officers: one on bribery charges and five officers
    on four counts of extortion. The Ministry of Justice reported that it
    called to account 220 justice officials and dismissed 26 employees from
    various Ministry of Justice facilities.
        The Ministry of Internal Affairs reported that it received 174
    complaints about its actions with accusations of violations of human
    rights and liberties, including: 51 cases of rude treatment, 38 cases
    of groundless detention, 46 instances of improperly issuing a police
    summons, 22 violations of drivers' rights, five cases of forced
    criminal accountability with no grounds, three violations of rights of
    foreigners or persons without citizenship, and nine miscellaneous
    offenses. According to the ministry, it disciplined 276 employees,
    demoted 18, fired 20, and applied other disciplinary measures to 238.
        There were reports that police officials required additional money
    on top of court fines in order to return prisoners' clothing and
    release them.
        Key provisions of the Government's 2007 national strategy for
    increasing transparency and combating corruption still had not been
    implemented at year's end. The strategy established a framework for
    increasing the accountability of government, cooperating with civil
    society, and systematically monitoring and reporting on the
    implementation of anticorruption measures. One of the national
    strategy's main elements, the law on financial disclosure, requires
    officials to report their annual income, sources of income, property,
    and financial liabilities. It also prohibits nepotism and limits gifts
    and direct or indirect financial benefits to public officials or third
    parties.
        The law provides for public access to government information by
    individuals and organizations; however, the Government often did not
    provide access. Although government ministries have separate procedures
    on how to request information, they routinely denied requests, claiming
    not to possess the information. Individuals have the right to appeal
    the denials in court; however, the courts generally upheld the
    decisions of the ministries.
        Azerbaijan participated in the Extractive Industries Transparency
    Initiative (EITI) which requires it to adhere to 12 agreed EITI
    principles to manage natural resources for the benefit of all members
    of society by creating a cooperative relationship between government,
    companies, and civil society, and to disclose payments and revenues
    received from extractive industries.
        In February 2009 Azerbaijan was the first participating county to
    be named fully compliant by the International EITI Board. The State Oil
    Fund of Azerbaijan (SOFAZ), which is responsible for implementing EITI
    principles, also increased access to information about oil and gas
    revenues. However, some observers complained that the fund was not
    designed, governed, or managed to ensure expenditures were geared
    towards poverty alleviation or the delivery of public services.
    Moreover, observers noted that the country's oil and gas revenues were
    not managed in full by SOFAZ or subject to EITI transparency practices.
    While all of the 26 oil and gas companies in the country participated
    in the EITI process, only a handful of companies agreed to disaggregate
    revenue reporting. In February the country created the mutli-
    stakeholder group, a monitoring body made up of equal members from the
    Government, private industry, and civil society. This group was created
    to ensure the active engagement of civil society and to facilitate
    public debate. Many of its recommendations were incorporated into the
    2010 work plan.
    Section 5. Governmental Attitude Regarding International and
            Nongovernmental Investigation of Alleged Violations of Human
            Rights
        A number of domestic and international human rights groups
    generally operated without government restriction, investigating and
    publishing their findings on human rights cases. Although the
    Government maintained ties with some human rights NGOs and responded to
    their inquiries, on occasion the Government criticized and intimidated
    other human rights NGOs and activists. The Ministry of Justice
    continued routinely to deny registration to some human rights NGOs.
    NGOs continued to report throughout the year that NGOs whose names
    contained the following words were routinely rejected for registration:
    human rights, democracy, institute, and society. In addition, the
    reasons for rejection were arbitrary. For example, the Ministry of
    Justice accepted the charter for one NGO that the ministry liked but
    rejected the same charter, except for a different organizational name,
    for an NGO that the ministry did not like. Another NGO's registration
    was rejected for lack of a plural ending. A number of cases were making
    their way through the court system. The Ministry of Justice stated that
    it only denied those organizations whose documents did not comply with
    legislation.
        On August 9, Turan News Agency reported that the Baku Mayor's
    Office refused to authorize a rally of unregistered NGOs. The NGOs
    requested permission to rally on a square near the Ministry of Justice.
    There were approximately 1,000 unregistered NGOs. During the year the
    Ministry of Justice registered 124 NGOs.
        The major local human rights NGOs were the Association for the
    Protection of Women's Rights, the Bureau of Human Rights and Respect
    for the Law, the Azerbaijan Foundation of Democracy Development and
    Human Rights Protection, the Azerbaijani Committee against Torture
    (ACAT), the Institute for Peace and Democracy, the Helsinki Citizens'
    Assembly, IRFS, and the Human Rights Center of Azerbaijan. Most of the
    leading NGOs were affiliated with one of two independent, umbrella
    organizations, the Human Rights Federation and the Monitoring Group of
    Human Rights Organizations.
        In 2009 some NGOs reported increased pressure against their
    activities. For example, the minister of internal affairs sued Leyla
    Yunus, leader of the Institute of Peace and Democracy, for an interview
    she gave to an online newspaper in which she criticized the police. The
    minister subsequently dropped the case. In addition, several election
    observers affiliated with EMDS were harassed by local authorities in
    connection with their observation activities (see sections 2.b. and 3).
        Several NGOs reported that the Government and police at times
    refused to protect them from so-called provocateurs who threatened,
    harassed, and attacked NGO activists and vandalized their property.
    During the year some local NGOs reported increased pressure on citizens
    who filed official complaints against local authorities. For example,
    in April human rights activist and chairman of the Defense of Democracy
    Public Union Vidadi Isgandarov published an article in the newspaper
    Azadlig concerning police bribery in the Goychay District. On May 3,
    the Goychay District former Chief of Police, Vugar Mammadyarov; the
    Chief of Administrative Prosecutions, Bakhtiyar Hashimov; and the head
    of the investigation office, Rufat Ibayev, filed a lawsuit against
    Isgandarov charging him with slander. The court case was pending at
    year's end.
        In December 2009 a group of Nakhchivan State University leaders and
    students reportedly beat two representatives of the Nakhchivan
    Democracy and NGO Development Resource Center who were investigating
    corruption at the university. The group from the university also
    reportedly threatened a journalist with the IRFS who arrived at the
    scene of the assault. The NGO representatives called the police before
    the attack, as they feared an attack was imminent and needed
    protection. However, the police did not arrive until after the
    assailants had left the scene. Local authorities reportedly responded
    by denying that the events occurred and scheduling a tax inspection of
    the center for January 2010. The audit resulted in an AZN 332 ($393)
    fine due to the belated submission of a statement. The NGO maintained
    that the Tax Authority was supposed to inform them first of the need to
    submit the statement before levying the fine. During the year the NGO
    also had a problem with maintaining an office space and was forced to
    vacate twice. At the end of the year, it had no office space.
        In 2009 Akifa Aliyeva of the Helsinki Citizens' Assembly fled the
    country after reporting repeated harassment by local authorities in
    connection with her work defending the rights of a Ukrainian prisoner
    in Ganja. She has remained abroad since.
        The registration process for NGOs remained cumbersome and included
    requirements to register grants from foreign entities. NGO grants from
    foreign entities were subject to a social security tax of 22 percent on
    employee salaries, although grants from a few countries with bilateral
    agreements with the Government were subject only to a 2 percent tax.
    NGO activists reported that these provisions inhibited their
    organizations' activities.
        During the year the Council of State Support to NGOs provided AZN
    2.10 million ($2.56 million) to 352 NGOs, an increase from the AZN 1.8
    million (approximately $2.2 million) distributed to 250 NGOs in 2009.
    While many of these NGOs were considered to be progovernment, some NGOs
    that were critical of the Government also received grants. One NGO sued
    the council for revoking a grant awarded to the organization. The NGO
    stated the grant was revoked after the NGO submitted an official
    complaint about the council's grant review process, which the NGO
    alleged was corrupt. The Supreme Court dismissed the case on June 30.
        The Government generally permitted visits by UN representatives and
    other international organizations, such as the ICRC. International
    NGOs, such as Reporters without Borders, generally operated without
    government hindrance.
        Citizens may appeal violations committed by the state or by
    individuals to the Ombudswoman for Human Rights, Elmira Sulevmanova.
    The ombudswoman may refuse to accept cases of abuse that are more than
    a year old, anonymous complaints, and cases already being handled by
    the judiciary. The ombudswoman received 8,000 appeals in 2009, of which
    83.7 percent were complaints about developments that occurred during
    the year; 51 percent of these complaints were accepted for
    investigation. Of those investigated, 44.7 percent were successfully
    resolved. The Milli Majlis elected Sulevmanova to a second term on
    March 5.
        During 2009 the ombudswoman reported that the Human Rights National
    Action Plan working group, which included five subcommittees, continued
    to work on areas identified as priorities in the action plan. During
    the year the ombudswoman traveled around the country to hear human
    rights complaints, cooperated with foreign diplomats and domestic NGOs
    working on human rights, and submitted an annual report to the Milli
    Majlis.
        The Milli Majlis and the Ministry of Justice also had human rights
    offices that heard complaints, conducted investigations, and made
    recommendations to relevant government bodies. Officials of the Human
    Rights Office within the Ministry of Foreign Affairs regularly met with
    the diplomatic community to discuss issues of concern.
    Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
        The law prohibits discrimination based on race, gender, disability,
    language, or social status, but the Government did not always respect
    these prohibitions in practice or effectively enforce them.

        Women.--Rape is illegal and carries a maximum 15-year prison
    sentence. The Government reported 35 rapes during 2009. The Government
    reported 16 cases of rape or attempted rape brought against 15 persons
    and a further 48 cases of gender-based violence against 40 individuals.
        Most rape victims reportedly knew their assailants but did not
    report incidents because of fear and shame.
        There are no laws on spousal abuse or specific laws on spousal
    rape, although these crimes could be prosecuted under other sections of
    the criminal code if a spouse complained. Violence against women,
    including domestic violence, continued to be a problem. In rural areas
    women had no effective recourse against assaults by their husbands or
    others.
        There were no government-sponsored programs for victims of rape or
    domestic violence. In Baku a women's crisis center operated by the
    Institute for Peace and Democracy provided free medical, psychological,
    and legal assistance to women. The center also worked on a number of
    projects funded by international donors to combat gender-based violence
    and trafficking in persons in the Caucasus region. Representatives of
    the institute regularly appeared on popular television talk shows to
    discuss women's issues.
        The law prohibits sexual harassment; however, the Government rarely
    enforced the prohibition. No organization was specifically dedicated to
    receiving these complaints.
        Couples and individuals have the right to decide freely the number,
    spacing, and timing of their children. Information was accessible so
    families and individuals could make reproductive decisions free from
    discrimination, coercion, and violence. Contraception was widely
    available, but demographic surveys showed low levels of use. Skilled
    attendance during childbirth was accessible, as was prenatal care and
    essential obstetric and postpartum care. According to estimates
    compiled by international organizations, the maternal mortality rate
    was approximately 38 deaths per 100,000 live births in 2008. Women and
    men had equal access to the diagnosis and treatment for sexually
    transmitted infections, including HIV. However, patriarchal norms,
    based on cultural, historical, and socioeconomic factors, in some cases
    limited women's reproductive rights.
        Women nominally enjoy the same legal rights as men; however,
    societal discrimination was a problem. Traditional social norms and
    lagging economic development in the country's regions continued to
    restrict women's roles in the economy, and there were reports that
    women had difficulty exercising their legal rights due to gender
    discrimination. Women were underrepresented in high-level jobs,
    including top business positions. A local NGO reported that women's
    salaries were on average 70 percent of men's salaries.

        Children.--Citizenship is derived by birth within the country or
    from one's parents.
        The law requires the Government to protect the rights of children
    with regard to education and health care. In practice government
    programs provided a low standard of education and health care for
    children. While education was compulsory, free, and universal until the
    age of 17, large families in impoverished rural areas sometimes placed
    a higher priority on the education of male children and kept girls to
    work in the home. Some poor families forced their children to work or
    beg rather than attend school. A Baku NGO working with street children
    reported that boys and girls begging and/or engaged in prostitution
    earned three times as much in a month as a teacher.
        On December 29, news reports indicated that in the Khojasan
    District of Baku, parents were keeping their girls at home and not
    sending them to school in protest of the hijab ban announced by the
    Minister of Education earlier that month (see section 2.b.).
        The Ministry of Internal Affairs did not provide any information on
    the number of cases of rape or sexual abuse of children reported during
    the year. There were reports that children were trafficked for sexual
    exploitation and begging. During the year three of the identified
    victims of sex trafficking were under the age of 18.
        One international NGO and two local NGOs reported a growing problem
    with child marriage. The Social Union of Solidarity among Women (SUSW)
    stated that statistical data was unavailable from governmental
    agencies. SUSW reported that the problem had spread from the southern
    and northern regions to the entire country. Legislation is not
    particularly clear; early marriages could be prosecuted on the basis of
    Articles 34 of the constitution and Articles 152 and 153 of the
    criminal code, but no cases have been prosecuted. SUSW found that
    rural-area girls were marrying in the eight and ninth grades. Girls
    marrying in religious marriage contracts (kabin or kabin-nama) evaded
    governmental bodies and the laws cited above and were not entitled to
    recognition of status in case of divorce. The American Bar Association
    (ABA) reported that a 12-year-old inadvertently revealed to her
    classmates that ``my husband is picking me up.'' The ABA also reported
    on trying to help a woman left without assets or property after being
    divorced from her husband at age 15. SUSW reported numerous cases of
    men moving to Russia for work, but leaving their underage wives in
    Azerbaijan.
        Statutory rape is prohibited by law and defined as ``the sexual
    relations or other actions of sexual nature, committed by a person who
    has reached 18, with a person who has not reached 16'' and is
    punishable by up to three years' imprisonment. The law states that a
    girl can marry at the age of 17 and with the local authority's
    permission at the age of 16. The law further states that a boy can
    marry at the age of 18. In 2002 the Caucasus Muslim Board issued a
    fitva (fatwa) that stated 18 as the marriage age, but the fitva failed
    to have much effect on the religious marriages of kabin.
        Child pornography is prohibited by law, and its production,
    distribution, or advertisement is punished by three to five years'
    imprisonment. If the pornography is created by the parents of the child
    or by teachers or other educators, the punishment increases to four to
    seven years' imprisonment.
        A large number of refugee and IDP children lived in substandard
    conditions. In some cases these children were unable to attend school.
        The country is not a party to the 1980 Hague Convention on the
    Civil Aspects of International Child Abduction.

        Anti-Semitism.--There were no credible reports of anti-Semitic acts
    against the country's Jewish community.

        Trafficking in Persons.--For information on trafficking in persons,
    please see the Department of State's annual Trafficking in Persons
    Report at www.state.gov/g/tip.

        Persons With Disabilities.--The law prohibits discrimination
    against persons with physical, sensory, intellectual, and mental
    disabilities in employment, education, access to health care, and the
    provision of other state services, but the Government did not enforce
    these provisions effectively. Discrimination in employment was a
    problem. It was commonly believed that children with disabilities were
    ill and needed to be separated from other children and
    institutionalized. Several international and local NGOs developed
    educational campaigns to change social perceptions and reintegrate
    disabled children.
        There are no laws mandating access to public or other buildings,
    information, and communications for persons with disabilities, and most
    buildings were not accessible.
        Care in facilities for the mentally ill and persons with
    disabilities varied; some provided adequate care while others lacked
    qualified caregivers, equipment, and supplies to maintain sanitary
    conditions and provide a proper diet.
        The Ministries of Health and Labor and Social Welfare were
    responsible for protecting the rights of persons with disabilities.

        National/Racial/Ethnic Minorities.--Some of the approximately
    20,000 citizens of Armenian descent living in the country historically
    complained of discrimination in employment, schooling, housing, the
    provision of social services, and other areas. Citizens who were ethnic
    Armenians often concealed their ethnicity by legally changing the
    ethnic designation in their passports. There were no reports of
    violence against Armenians during the year.
        Some groups reported sporadic incidents of discrimination,
    restrictions on the ability to teach in their native languages, and
    harassment by local authorities. These groups included Talysh in the
    south, Caucasian Lezghins in the north, displaced Meskhetian Turks, and
    displaced Kurds from the Lachin Region controlled by Armenia-supported
    Nagorno-Karabakh separatists.

        Societal Abuses, Discrimination, and Acts of Violence Based on
    Sexual Orientation and Gender Identity.--Numerous incidents of police
    brutality against individuals based on sexual orientation occurred,
    according to a local NGO. Authorities did not investigate or punish
    those responsible for such acts, largely because victims were unwilling
    to file complaints due to fear of social stigma.
        During the year, members of the lesbian, gay, bisexual, and
    transgender (LGBT) community continued to refuse to lodge formal
    complaints with law enforcement bodies out of fear of reprisal or
    retaliatory persecution. Also during the year, the LGBT community held
    almost monthly gatherings; these were routinely raided.
        During 2009 police raided gay bars on four occasions and arrested
    almost 50 persons. Police reportedly held the individuals and
    threatened to expose their sexuality publicly unless they paid a bribe.
    The human rights Ombudsman's Office intervened to resolve the
    incidents.
        There was one NGO that worked on LGBT issues in the country. This
    NGO worked to prevent the spread of HIV/AIDS and provided legal advice,
    psychological assistance, and outreach activities. The NGO reported no
    official harassment of its work. There were no attempts to organize gay
    pride marches during the year; however, there was a small gathering on
    May 17 to commemorate International Anti-Homophobia Day.
        On August 11, police found the bodies of two transgendered
    individuals, Zamiq Gasimov and Yadigar Kuzmin, in Baku. The police
    arrested three perpetrators who admitted to killing the two on the
    basis of hatred toward sexual minorities. A local NGO reported that it
    was unable to obtain updates on the case, for which the investigation
    had been closed.
        In December the Prosecutor General's office issued a statement
    regarding a murder investigation that could be interpreted as linking
    ``nontraditional'' sexual orientation to criminal behavior.
        There was societal prejudice against LGBT persons. While being
    fired from a job for sexual orientation remained illegal, LGBT
    individuals reported that employers found other reasons to fire them.
    Discrimination in access to healthcare was also a problem.

        Other Societal Violence or Discrimination.--There were no reports
    of societal violence or discriminations against persons with HIV/AIDS.
    Section 7. Worker Rights

        a. The Right of Association.--The law provides for freedom of
    association, including the right to form labor unions, but there were
    some restrictions on this right in practice. Uniformed military and
    police are prohibited from joining unions. The law also prohibits
    managerial staff from joining a union, but managers in government
    industries often had union dues automatically deducted from their
    paychecks.
        The law allows trade unions to conduct their activities without
    government interference; however, in practice most unions were not
    independent. The overwhelming majority of labor unions remained tightly
    linked to the Government, with the exception of some journalists'
    unions.
        The Azerbaijani Trade Union Confederation (ATUC), the only trade
    union confederation in the country, represented approximately 37
    percent of the workforce in the formal economy. Although the ATUC was
    registered as an independent organization, some workers considered it
    closely aligned with the Government.
        The law provides most workers with the right to strike. Categories
    of workers prohibited from striking include high-ranking executive and
    legislative officials; law enforcement officers; court employees; fire
    fighters; and health, electric power, water supply, telephone, railway,
    and air traffic control workers. Striking workers who disrupt public
    transportation could be sentenced to up to three years' in prison. The
    law prohibits retribution against strikers, such as dismissal or
    replacement. Both local and international NGOs claimed that workers in
    most industries were largely unaware of their rights and afraid of
    retribution if they initiated complaints. This was especially true for
    workers in the public sector.
        Although the labor law applied to all workers and enterprises, the
    Government could negotiate bilateral agreements that effectively
    exempted multinational enterprises from national labor laws. For
    example, production-sharing agreements (PSAs) between the Government
    and multinational energy enterprises did not provide for employee
    participation in a trade union. Labor organizations and local NGOs
    reported that some of these companies discouraged employees from
    forming unions, and most employees of multinational enterprises
    operating under PSAs were not union members, although there were
    exceptions. Workers employed by British Petroleum were unionized, but
    the situation was worse in other multinational corporations, especially
    companies run by Chinese subcontractors. The ATUC reported that in 2009
    there was some progress in starting new unions and that multinational
    corporations in the country had begun to welcome these initiatives.
        The law prohibits trade unions from carrying out political
    activities and from associating with political parties or receiving
    finances from political parties, but this provision was not uniformly
    enforced.
        Many of the state-owned enterprises that dominated the formal
    economy withheld union dues from workers' pay but did not deliver the
    dues to the unions. A quarter of the dues collected for the oil
    workers' union were officially withheld by employers for
    ``administrative costs'' associated with running the union. However,
    the complete lack of transparency made it impossible to tell exactly
    how dues were spent. Unions and their members had no recourse to
    investigate withheld funds.
        Membership in the Union of Oil and Gas Industry Workers remained
    mandatory for the State Oil Company's 65,000 workers, whose union dues
    (2 percent of each worker's salary) were automatically deducted from
    their paychecks.

        b. The Right to Organize and Bargain Collectively.--The law
    provides workers with the right to bargain collectively; however,
    unions could not effectively negotiate wage levels and working
    conditions because government-appointed boards ran major state-owned
    firms and set wages for all government employees. Collective bargaining
    agreements were often treated as formalities and not enforced. The ATUC
    reports that during the year, there were 130 new agreements for a total
    of 11, 890 collective contracts. In addition, ATUC reported that there
    were 1,971 collective contracts signed between non-state sector and
    trade unions, which is a 7.5 percent per annum increase. The ATUC also
    reported that during the year, 88 new trade union organizations were
    created, including 11 organizations with 2,157 members in joint
    ventures or enterprises with foreign investments.
        There were reports of antiunion discrimination by foreign companies
    operating in Baku. Labor NGOs reported that multinational energy
    companies and their subcontractors often discouraged union membership
    by their employees. For many multinational companies, the absence of
    union membership rights in the PSAs facilitated this behavior.
        There are no export processing zones.

        c. Prohibition of Forced or Compulsory Labor.--The constitution and
    law prohibit forced or compulsory labor, except in circumstances of war
    or in the execution of a court's decision under the supervision of a
    government agency. Some observers reported that there were occurrences
    of forced or compulsory labor Additionally, men and boys were
    trafficked to Russia for forced labor. Also, see the Department of
    State's annual Trafficking in Persons Report at www.state.gov/g/tip.
        The Building and Wood Workers' International Union (BWI) reported
    that the Independent Trade Union of Construction Complex Workers of
    Azerbaijan; the Trade Union of Construction and Construction Materials
    of Bosnia and Herzegovina; the Trade Union Construction, Housing, and
    Communal Services of Republika Srpska; and BWI signed a cooperation
    agreement on the protection of migrant workers' rights in Eastern
    Europe on April 1. According to BWI, the impetus for the agreement was
    the situation with company SerbAz, which operated in Azerbaijan with
    workers from Bosnia and Herzegovina and Serbia. The SerbAz case was
    discovered in October 2009 and involved approximately 496 victims.

        d. Prohibition of Child Labor and Minimum Age for Employment.--The
    law provides for the protection of children from exploitation in the
    workplace and from work that is dangerous to their health, and there
    were few complaints of abuses of child labor laws. Two local NGOs
    stated that the drastic decline in cotton production has reduced the
    number of children working in this sector. In addition the Government,
    through an NGO, has conducted outreach to further address the issue.
    Children were also reportedly trafficked for commercial sexual
    exploitation and begging. Also, see the Department of State's annual
    Trafficking in Persons Report at www.state.gov/g/tip.
        The minimum age for employment depended on the type of work. In
    most instances the law permits children to work from age 15; children
    age 14 may work in family businesses or, with parental consent, at
    after-school jobs during the day that pose no hazard to their health.
    Children under 16 may not work more than 24 hours per week; children
    between the ages of 16 and 18 may not work more than 36 hours per week.
    The law prohibits employing children under 18 in difficult and
    hazardous work conditions. The Ministry of Labor and Social Security is
    responsible for enforcing child labor laws. However, the unit
    responsible is considered ineffective.

        e. Acceptable Conditions of Work.--The Government raised the
    minimum wage to AZN 85 (approximately $104) per month on August 31. The
    minimum wage was administratively set. Domestic NGOs reported that this
    wage was not enough to provide a decent standard of living for a worker
    and family. The Ministry of Taxes, the Ministry of Labor, and the State
    Social Protection Fund share responsibility for enforcing the minimum
    wage. However, in practice the minimum wage was not effectively
    enforced.
        The law provides equal rights to foreign and domestic workers.
    However, local human rights groups, including the Oil Workers Rights
    Defense Council, maintained that employers, particularly foreign oil
    companies, did not always treat foreign and domestic workers equally.
    Domestic employees of foreign oil companies often received lower pay
    and worked without contracts and health care. The Oil Rights Defense
    Council also reported that resolving labor issues with large
    international companies was far easier than with local companies
    because the multinational companies had more experience and more
    transparency in their labor relations. A representative from the
    International Labor Organization (ILO) noted that many persons working
    in governmental regulatory bodies also had business interests, causing
    conflicts of interest.
        The law provides for a 40-hour workweek; the maximum daily work
    shift is 12 hours. Workers in hazardous occupations may not work more
    than 36 hours per week. The law requires lunch and rest periods, which
    are determined by labor contracts and collective agreements. It was not
    known whether local companies provided the legally required premium
    compensation for overtime, although international companies generally
    did. There was no prohibition on excessive compulsory overtime.
    However, most individuals worked in the informal economy, where the
    Government did not enforce contracts or labor laws.
        The law sets health and safety standards; however, government
    inspections of working conditions were weak and ineffective, and
    standards were widely ignored. The ATUC monitored compliance with labor
    and trade regulations, including safety and health conditions. The ATUC
    received 236,220 complaints in 2008. Conversely, the Ministry of Labor
    reported receiving only one complaint.
        The law sets health and safety standards; however, government
    inspections of working conditions were weak and ineffective, and
    standards were widely ignored. ATUC received 158,627 complaints during
    the year, down from 236,220 in 2009.
        The International Trade Union Confederation reported that the
    Government's bilateral agreements with multinational corporations, the
    contents of which were confidential, contributed to labor rights
    violations. In 2007 the Oil and Gas Workers' Union of Azerbaijan
    reached a new contract with the State Oil Company that included greater
    social protections and health and safety commitments. By the end of
    2009, only 20 percent of the contract's points had been met, and no
    update was available at year's end.
        Workers did not have the right to remove themselves from situations
    that endangered their health or safety without jeopardizing their
    employment. According to information provided by the Azerbaijan office
    of the ILO, in 2009 there were 33 fatal accidents and 122 injuries in
    the first six months of the year, with 18 deaths and 38 injuries in the
    construction sector alone. According to the Oil Workers Rights Defense
    Council, an NGO dedicated to protecting worker rights in the oil
    sector, there were nine deaths in 2010: seven at the State Oil Company,
    one at Salyan Oil, and one at Asfen Tekfen. There were also seven
    injuries in the oil sector. The Oil Workers Rights Defense Council
    reported initiating 37 court cases, of which 17 were successful.

                                   __________

                                    BELARUS

        Belarus is a republic with a population of 9.5 million. The country
    has a directly elected president, who is chief of state, and a
    bicameral ``parliament,'' the National Assembly, consisting of the
    Chamber of Representatives (lower house) and the Council of the
    Republic (upper house). A prime minister appointed by the president is
    the nominal head of government. In practice, however, power is
    concentrated in the presidency. Since his election as president in
    1994, Alyaksandr Lukashenka has consolidated his power over all
    institutions and undermined the rule of law through authoritarian
    means, including manipulated elections and arbitrary decrees.
    Subsequent presidential elections, including the one held on December
    19, were neither free nor fair, and fell well short of meeting
    international standards. The 2008 parliamentary elections also failed
    to meet international standards. Security forces reported to civilian
    authorities and to the president in particular.
        During the year authorities continued to commit frequent, serious
    abuses in a system bereft of checks and balances, and dominated by the
    president. Authorities denied citizens the right to change their
    government, manipulating the December 19 presidential election to
    ensure that the president would not be seriously challenged. The
    election administration lacked independence and impartiality;
    opposition candidates faced an uneven playing field and a restrictive
    media environment, and the vote count was marked by a lack of
    transparency. The Government failed to account for past politically
    motivated disappearances. Security forces beat detainees and
    protesters, used excessive force to disperse peaceful demonstrators,
    and reportedly used torture during investigations. A crackdown on a
    postelection demonstration led to the arrest of over 700 activists,
    including criminal charges against five presidential candidates and
    numerous activist and journalists. Reports of abuse of prisoners
    continued, and prison conditions remained extremely poor. Authorities
    arbitrarily arrested, detained, and imprisoned citizens for criticizing
    officials, participating in demonstrations, and other political
    reasons. Impunity remained a serious problem. The judiciary lacked
    independence, and suffered from inefficiency, and political
    interference; trial outcomes were often predetermined, and many trials
    were conducted behind closed doors. Authorities continued to infringe
    on citizens' privacy rights, and to target opposition youth leaders for
    military conscription. The Government further restricted civil
    liberties, including freedom of speech, press, assembly, association,
    religion, and freedom of movement. The Government seized printed
    materials from civil society activists and prevented independent media
    from disseminating information and materials. The Government continued
    to hinder or prevent the activities of religious groups other than the
    Belarusian Orthodox Church, at times fining or deporting their leaders
    for conducting services. Official corruption in all branches of
    government continued to be a problem. Authorities harassed, fined, and
    prosecuted nongovernmental organizations (NGOs) and political parties,
    refusing to register many and then threatening them with criminal
    prosecution for operating without registration. Violence and some
    discrimination against women were problems, as was violence against
    children. Trafficking in persons remained a significant problem,
    although some progress was made in combating it. There was
    discrimination against persons with disabilities, Roma, ethnic and
    sexual minorities, persons with HIV/AIDS, and those who sought to use
    the Belarusian language. Authorities harassed and at times dismissed
    members of independent unions, severely limiting the ability of workers
    to form and join independent trade unions and to organize and bargain
    collectively.
                            respect for human rights
    Section 1. Respect for the Integrity of the Person, Including Freedom
            From:

        a. Arbitrary or Unlawful Deprivation of Life.--There were no
    reports during the year that the Government or its agents committed any
    arbitrary or unlawful killings; some human rights observers contended
    that authorities staged the apparent suicide of Aleh Byabenin, a
    prominent independent journalist and opponent of the Government (see
    section 2.a.).

        b. Disappearance.--Following the postelection arrests and
    detentions of hundreds of protestors on the evening of December 19 (see
    section 1.d.), the whereabouts of some high-profile detainees remained
    unknown for days. For example, presidential candidate and Tell the
    Truth movement leader Uladzimir Nyaklyaeu, after being beaten by
    individuals believed to be members of the country's special forces, was
    abducted from the hospital by unknown individuals believed to be state
    security officials. Hospital officials subsequently reportedly stated
    that Nyaklyaeu had been discharged and ``left on his own two feet.'' On
    December 20, Lukashenka announced at a press conference that Nyaklyaeu
    was being held at the Committee for State Security (KGB) detention
    facility.
        In March police reportedly suspended an investigation into the
    abduction of opposition youth leader Zmitser Dashkevich on the grounds
    that they failed to identify any suspects. Activists reported that in
    December 2009 security forces abducted Dashkevich near his home in
    Minsk, drove him to a forest approximately 40 miles north of the city,
    forced him out of the car, and left him there.
        The prosecutor general further extended his 10-year-long
    investigation into the 1999 disappearance of former interior minister
    and opposition leader Yury Zakharanka and in August, for the first
    time, he sent Zakharanka's mother an official reply to her numerous
    requests for details of the investigation. The letter stated that the
    prosecutors were studying various theories of the case, including those
    that related it to Zakharanka's political activities. There were no
    developments in the continuing investigations into the 2000
    disappearance of journalist Zmitser Zavadski, and the 1999
    disappearances of opposition activist Viktar Hanchar and businessman
    Anatol Krasouski. There was evidence of government involvement in these
    cases, but authorities continued to deny any connection with the
    disappearances.

        c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
    Punishment.--The law prohibits such practices; however, the KGB, riot
    police, and other security forces continued to beat detainees and
    demonstrators routinely.
        Police frequently beat individuals during arrests, as well as
    persons detained for organizing or participating in demonstrations and
    other opposition activities (see section 2.b.). For example,
    approximately 20 democratic activists complained that police bruised
    and scratched them on February 8 while they were detained for two hours
    for fingerprinting and identity checks after riot police forcibly broke
    up peaceful rallies in support of detained activists Mikalay
    Autukhovich and Uladzimir Asipenka from Vaukavysk. On February 14,
    police violently dispersed a St. Valentine's Day march staged by the
    Malady Front opposition youth organization and arrested 22 activists,
    four of them minors. The detainees reported that at least five of their
    number were beaten, and Tatsyana Shaputska, a Malady Front member
    previously expelled from the Belarus State University (BSU) for
    political activities, suffered a minor concussion.
        On February 16, security forces manhandled and arrested
    approximately 20 democratic activists demonstrating in downtown Minsk
    in remembrance of opposition leaders who disappeared in 1999 and 2000.
    Police seized a number of persons as they approached the venue and
    arrested others in the square a few minutes later. Officers in
    plainclothes used force against journalists, blocking their photograph
    and video cameras, and pushing them away from the demonstrators. Six
    activists from the European Belarus campaign, who were charged as a
    result of their participation in these events, claimed to prosecutors
    that they experienced brutal and inhumane treatment at the hands of
    police.
        After forcibly dispersing demonstrators in Minsk on May 6, police
    reportedly beat participant and former political prisoner Alyaksandr
    Kazulin and other democratic activists. The demonstration, involving
    more than 50 activists, took place outside the Supreme Court following
    the announcement of guilty verdicts in a criminal case against two
    Vaukavysk activists and two other persons.
        On May 27, police in Minsk detained and severely beat opposition
    youths, including Franak Vyachorka and Zmitser Parmon, as they were
    preparing for an organized cycling event to pay tribute to a national
    poet. Parmon required immediate medical assistance and underwent
    surgery on his broken collarbone. On June 2, he informed prosecutors
    about the beating and urged them to open an investigation. In their
    reply the prosecutors' told Parmon that his injuries were due to his
    own ``carelessness.''
        On July 9, unidentified men assaulted Artur Finkevich, one of the
    leaders of the Young Belarus opposition youth group, and his associate
    Alyaksandr Lukshyn. They knocked the two down, beat them, and sprayed
    an unknown substance in their faces. Attackers took Finkevich's
    computer, flash drives, money, mobile phone, and personal documents,
    including his passport. Finkevich was reportedly taken to a hospital
    for treatment of burns in his face and eyes, and bruises. The theft of
    his passport prevented Finkevich from participating in a long-planned
    international visitor program sponsored by a foreign government.
        On the night of December 19, in a violent confrontation with
    demonstrators following the presidential election, police used physical
    force to break up the crowd, beat peaceful demonstrators, and detain
    over 700 persons, including presidential candidates. According to press
    reports, scores of demonstrators and a number of police officers were
    injured (see section 2.b.). Many demonstrators remained in detention at
    year's end.
        Human rights advocates continued to report the use of torture and
    other forms of physical and psychological abuse of suspects during
    criminal and administrative investigations. For example, the
    prosecution's evidence in the criminal case against anticorruption
    activists Autukhovich and Asipenka consisted largely of statements by
    persons who subsequently recanted their testimonies. Authorities
    dropped treason charges against them, but convicted them on other
    charges. The witnesses claimed that they were subjected to violence,
    blackmail, psychological pressure, and other forms of intimidation to
    get them to testify against the activists. The Belarusian Helsinki
    Committee (BHC) provided documentation of a police practice of charging
    individuals as accomplices in certain crimes in order to induce them to
    implicate others, then dropping the charges and forcing them to serve
    as prosecution witnesses. Numerous women detained in the December 19
    protests reported that they were threatened with rape while in custody.
    Many of those who were ultimately charged with criminal behavior were
    detained for the maximum ten days without charge, permitting
    authorities to put pressure on them by denying them visits, receipt of
    medicines, and food from their families.
        The hazing of new army recruits, including beatings and other forms
    of physical and psychological abuse, continued; however, the situation
    improved somewhat as the Government increased its prosecution of
    offenders. A military prosecutor claimed in June that the number of
    crimes committed by army personnel was declining, although in the first
    six months of the year the official crime rate remained at 2009 levels.
    The military prosecutor stated that no hazing deaths or assaults
    causing severe bodily harm were registered in the first six months of
    the year, but he acknowledged that hazing remained the most widespread
    offense reported among military personnel during that period.

        Prison and Detention Center Conditions.--Prison and detention
    center conditions remained poor and in many cases posed threats to life
    and health. There were shortages of food, medicine, warm clothing,
    bedding, and inadequate access to basic and emergency medical care and
    to clean drinking water. Ventilation in cells and overall sanitation
    was poor. As a result tuberculosis, pneumonia, and other communicable
    diseases were widespread. According to domestic human rights groups,
    the rate of tuberculosis infection was seven times the national average
    due to overcrowding and poor sanitary conditions. The death rate from
    tuberculosis among inmates was 1.3 times the national average. The
    United Nations Development Program reported in September 2009 that none
    of the country's prisons fully complied with the World Health
    Organization's tuberculosis infection control guidelines and expressed
    concern over sexual and other types of harassment and violence in
    prisons.
        In May 2009 according to the Government, authorities were holding
    37,578 persons, including approximately 1,200 juveniles, in detention.
    Of the prisoners, 46 percent were serving sentences for economic
    crimes, including embezzlement, fraud, tax evasion, theft, money
    laundering, and illegal business activities. Prisoners who complained
    about abuse of their rights often faced humiliation, death threats, or
    other forms of punishment. Some stated that they were blackmailed.
    Sources claimed that the outcome of applications for parole frequently
    depended on bribes to prison personnel.
        According to a 2008 BHC report, authorities continued their
    practice of isolating certain prisoners--particularly inmates with HIV/
    AIDS and foreign citizens. They restricted or denied a variety of
    prisoners' rights, including the right to appeal their sentences,
    express their political and civil beliefs, vote, and obtain information
    from their families. Prison administrators arbitrarily abused inmates
    and applied severe penalties for minor violations of the ``internal
    regime.''
        Former prisoners reported that medical checkups were rare, were
    frequently provided by underqualified medical personnel, and that the
    results were often fabricated. Authorities failed to provide conditions
    necessary for maintaining proper personal hygiene. Prisoners often
    complained of malnutrition and low quality uniforms and bedding. Some
    former political prisoners reported that they experienced psychological
    abuse and often had to share a cell with violent criminals. They also
    reported that authorities neither explained nor protected their legal
    rights.
        Malady Front activist Ivan Stasyuk complained to the prosecutor
    general's office about conditions at the detention center in Brest,
    where he was held from February 3 to 6, on suspicion of malicious
    hooliganism. Stasyuk reported a lack of bedding, inadequate lighting
    and ventilation, and cold cells.
        In another case Cameroonian athlete Guy Francois Toukam was
    detained at the Minsk airport on June 1 upon his arrival to take part
    in a soccer tournament and was held for 44 days because of purportedly
    fake travel documents. After his release from a pretrial detention
    center in Minsk, Toukam stated that he was beaten, denied legal
    assistance, experienced racial discrimination, and denied adequate
    nutrition, with a resulting weight loss of more than 40 pounds.
    Authorities permitted him to shower only once a week, never took him
    outdoors for exercise, required him to sleep on a wooden bench, and
    seized his personal belongings.
        During his 15-month period of pretrial detention, which began in
    February 2009 Vaukavysk activist Autukhovich asserted that he lost most
    of his teeth due to poor quality drinking water and the denial of
    proper treatment and dentures.
        Overcrowding in prisons and detention centers, and use of a form of
    internal exile known as ``khimiya'' were serious problems. Persons
    sentenced to khimiya lived in prison barracks and were forced to work
    under strict conditions.
        The law permits family and friends to bring detainees food and
    hygiene products and to send them parcels by mail, but in many cases
    authorities did not adhere to the law.
        Prisoners and detainees had limited access to visitors, and denial
    of meetings with families was a common punishment for disciplinary
    violations. Although the law provides for freedom of religion, and
    there were no specific reports of infringements, prisoners generally
    were prevented from holding religious services and performing rituals
    that did not comply with prison regulations. Former prisoners credibly
    reported that their complaints to higher authorities were often
    censored or not forwarded at all and that their requests for
    investigation of allegations of inhumane conditions were considered
    selectively by prison administrations and could result in severe
    disciplinary action against those who complained. They also complained
    of increased pressure from the prison administration in cases of claims
    of inhumane treatment.
        The 2008 BHC report showed that authorities rarely investigated
    allegations of inhumane conditions or documented the results in a
    publicly accessible manner. It highlighted the lack of any independent
    appeals mechanism that would secure prompt, impartial, and transparent
    investigation of the numerous complaints of mistreatment, or would
    provide a means to hold offenders liable for such incidents.
        While authorities claimed to conduct periodic investigations and
    monitoring of prison and detention center conditions, human rights
    groups asserted that such inspections--even if they did occur--lacked
    any credibility. There was no ombudsman who could serve on behalf of
    prisoners and detainees; human rights advocates who were not members of
    state-controlled bar associations had no access to prisoners and
    detainees and could not provide them with legal counsel. For example,
    on December 31, Andrey Pustashyla, a senior officer of the Prosecutor's
    General office, inspected the pretrial detention facilities of the KGB
    following numerous credible complaints from lawyers and family members
    of detainees in connection with the large-scale detentions in Minsk on
    and after December 19. Pustashyla claimed that all the detainees were
    healthy and did not voice any concerns regarding conditions at the
    facilities. He also reported that such inspections of the KGB
    facilities were completed every month.
        Authorities did not permit independent monitoring of penal
    institutions. Despite numerous requests to the Ministries of Interior
    and Justice, government officials continued to refuse to meet with
    human rights advocates or approve requests to visit detention
    facilities. There were no reports during the year of independent
    monitoring of prison conditions by domestic or international human
    rights groups, independent media, or the International Committee of the
    Red Cross.
        The Government took some limited steps to improve prison and
    detention center conditions, primarily through the use of amnesties to
    relieve overcrowding. In May the president signed a law that
    established a standard of approximately nine square feet of cell space
    per prisoner and would permit inmates to play sports. Prisoners
    enrolled in distance learning courses were allowed to leave prisons to
    take exams, although they were obliged to register at a police precinct
    near their place of residence. The maximum term for which prisoners
    could be held in isolation as a punishment for disciplinary violations
    was reduced from 15 to 10 days. Authorities ceased to reduce food
    rations for prisoners being held in isolation, a practice human rights
    advocates described as torture. At a June 23 press conference,
    Prosecutor General Ryhor Vasilevich acknowledged that problems existed
    in providing medical and other assistance in prisons and called on the
    interior ministry, which supervises prisons, to enforce prison
    standards and eliminate ``physical or psychological violence'' against
    prisoners.

        d. Arbitrary Arrest or Detention.--The law limits arbitrary
    detention; however, the Government did not respect these limits in
    practice. Authorities continued to arrest individuals for political
    reasons and to use administrative measures to detain political
    activists before, during, and after protests.

        Role of the Police and Security Apparatus.--The Ministry of
    Interior exercised authority over the police, but the KGB and
    presidential security services also exercised police functions and the
    president has the authority to subordinate all security bodies to his
    personal command. Impunity among law enforcement personnel remained a
    serious problem. Individuals have the right to report police abuse to a
    prosecutor; however, the Government often did not investigate reported
    abuses by the security forces or hold perpetrators accountable.

        Arrest Procedures and Treatment While in Detention.--Under the law
    police must request permission from a prosecutor to detain a person in
    excess of three hours; however, in practice these procedures were
    usually ignored, and police routinely detained and arrested individuals
    without warrants. Authorities may hold a person suspected of a crime
    for up to 10 days without filing a formal charge and for up to 18
    months after filing charges. Under the law prosecutors, investigators,
    and security service agencies have authority to extend detention
    without consulting a judge. Detainees have the right to petition the
    legality of their detention, but in practice appeals by suspects for a
    court review of their detention frequently were suppressed or ignored.
        Police often detained individuals for several hours, ostensibly to
    confirm their identity, and then released them without charges. They
    frequently used this tactic to detain members of the opposition and
    demonstrators, to prevent the distribution of leaflets and newspapers,
    or as a pretext to break up civil society meetings and events.
        During the year authorities arbitrarily detained or arrested
    hundreds of individuals, including opposition figures and members of
    the independent media, for reasons that were widely considered to be
    politically motivated. For example, Conservative Christian Party
    activists Syarhey and Vital Kavalenka were subjected to repeated
    harassment during the year. On January 7, police arrested Syarhey
    Kavalenka for placing an unregistered white-red-white opposition flag
    on top of a Christmas tree in Vitsyebsk. On January 10, the prosecutor
    extended his detention for two months; however, on January 12, he was
    unexpectedly released but forbidden to leave the country. On May 14, he
    was convicted of severely disturbing public order and resisting police,
    and given a suspended three-year prison term with probation. The court
    also ordered him to pay more than 4.5 million rubles ($1,500) in
    damages to police and city authorities. On April 21, Kavalenka and his
    brother, Vital, were sentenced to seven and six days in jail,
    respectively, for illegally demonstrating in front of a courthouse.
    Vital Kavalenka was also fined 70,000 rubles ($23) on minor hooliganism
    charges. On June 8, Syarhey Kavalenka was fined 105,000 rubles ($35) on
    charges that he used foul language on May 8. On July 8, he was again
    detained and jailed for 10 days on charges of violating probation
    requirements. On July 9, a Vitsyebsk district court sentenced Syarhey's
    brother Vital to five days in jail for allegedly using obscenities. The
    activists asserted that authorities isolated them during a large
    international music festival held in Vitsyebsk in mid-July and attended
    by the president. Moreover, on August 11, Syarhey Kavalenka was fined
    770,000 rubles ($257) for slandering police officers during his
    detention in July.
        On January 15, a Vitsyebsk district court sentenced Young Belarus
    member Taras Surhan to seven days in jail for minor hooliganism. Surhan
    was detained on January 9 and released three days later, pending trial.
    On February 2, a court subjected Surhan to a year of police supervision
    following his conviction for opposition activities in 2009. On April
    23, Surhan was arrested for nine days for participating in an
    unsanctioned demonstration on April 20.
        On February 19, Aleh Surhan, another Vitsyebsk activist and a
    member of the Belarusian Christian Democracy Party, was jailed on
    allegations of violently resisting a police officer; Surhan claimed it
    was the police who had manhandled him. Surhan was ordered to pay 2.5
    million rubles ($833) in compensation to the officer.
        On March 3, a Belarusian Christian Democracy Party activist in
    Zhodzina, Andrey Kasheuski, was given an administrative sentence of 15
    days in prison for distributing independent newspapers. He went on a
    hunger strike while in jail to protest his sentence and his resulting
    inability to file papers that would have enabled him to run in the
    April 25 municipal elections. Police also briefly detained Kasheuski on
    April 5, but they released him later with no charge.
        On March 24, a court in Minsk fined three human rights advocates
    17,500 rubles ($6) for holding an unsanctioned protest against death
    penalty executions in front of the presidential residence on March 23.
    They spent the night at detention facilities. Photojournalist Syarhey
    Sys, also apprehended at the site, was released without charge.
        On April 27, police arrested opposition activists Andrey Kuzminsky,
    Mikhail Naskou, and Alyaksey Atroshchanka for carrying a white-red-
    white opposition flag and for organizing an unsanctioned protest
    against former Kyrgyz president Kurmanbek Bakiyev, who was staying in
    the country. They were fined 17,500 rubles ($6) each the next day after
    a night in custody.
        On May 7, police in Brest detained two human rights defenders for
    distributing leaflets on the 11th anniversary of Yury Zakharanka's
    disappearance. They were held for more than an hour, and all printed
    materials were seized from them. In Minsk seven activists, including
    United Civic Party Chair Anatol Lyabedzka, were apprehended for
    illegally demonstrating on the same occasion.
        On May 18, a small business activist in Slonim, Viktar Marchyk, was
    summoned by police and interrogated about his political activities.
        On June 2, authorities detained Young Belarus group members Ivan
    Zaytsau, Zmitser Skachkou, and Kiryl Kavalyou for more than an hour in
    Homyel while the three were collecting signatures to protest the
    enactment of Internet regulations. All were released without charge;
    police confiscated their printed materials.
        On July 26, also in Homyel, police apprehended three opposition
    activists who were handing out greeting cards on the occasion of the
    20th anniversary of the adoption of the country's declaration of
    independence. Independent journalist Larysa Shchyrakova also was
    briefly detained for covering the event.
        Security forces tightened control over the dissemination of
    materials printed by the opposition in the months before the December
    19 presidential elections. On August 7 in Dobrush, police officers
    arrested two activists of the For Freedom movement, Syarhey Stsepanets
    and Yauhen Suvorau, while they were distributing information kits about
    the movement's leader Alyaksandr Milinkevich. They were held at a
    precinct for an hour. On August 8, police in Hrodna detained Belarusian
    Christian Democracy Party member Mikalay Bausyuk at a bus station and
    confiscated ``for further examination'' copies of the party's bulletin,
    its presidential candidate's election platform, and other printed
    materials.
        On August 15, authorities arrested human rights advocate Raman
    Kislyak in Brest for disseminating leaflets about the UN International
    Convention for the Protection of all Persons from Enforced
    Disappearance. Police searched his personal belongings and seized more
    than 20 copies of the leaflet. On August 28, authorities in Minsk
    detained two members of the United Civic Party for distributing
    leaflets about their party's presidential nominee and interrogated them
    for three hours. On August 31 in Brest, police detained Young Belarus
    activists Yury Batsuk and Ihar Mishkou for disseminating booklets about
    the For Freedom movement's leader. The two were questioned and their
    materials seized. Another For Freedom supporter, Alyaksandr Pratsko,
    was briefly detained in Homyel on September 3 for distributing the same
    booklets.
        On September 8, police detained Uladzimir Valodzin, a prominent
    antinuclear activist and a member of the Belarusian Party of the
    Greens, and Ihar Shchapiha, a Right Alliance group activist, without a
    warrant. They were reportedly charged in connection with arson attacks
    on April 30 against a bank office and the House of Trade Unions and
    against detention facilities on September 5. Police released Valodzin
    and Shchapiha without charge after nine days in detention.
        On September 7, police detained at a soccer game 50 activists of
    the Tell the Truth movement for wearing T-shirts bearing the campaign's
    logo. On September 9, at least 15 activists were detained at a hockey
    game for the same reason. In both cases all were taken to a police
    precinct for an identity check, filmed, and fingerprinted. In the
    latter incident officers reportedly ordered the activists to take their
    shirts off, and when one female activist refused, they cut her T-shirt
    into pieces and threatened others with short-term arrests. All were
    ultimately released without charge five hours later.
        On September 11, authorities detained over 20 civil society and
    opposition activists who were on their way to an open-air rock music
    festival near Orsha. Some of them were charged with violating traffic
    regulations and forced to miss the event due to lengthy identity
    checks.
        On November 15, police in Minsk detained two opposition youth
    Mikhail Pashkevich and Raman Bahdanovich for putting up political
    stickers. They were held at a police station for an hour and released
    without charge. In a similar incident on November 24, authorities in
    Minsk fined Malady Front member Eduard Lobau 105,000 rubles ($35) for
    pasting political stickers on residential buildings in Babruysk on
    October 9.
        On December 8, Zmitser Dashkevich, leader of the Malady Front youth
    group, was pulled over by police in Minsk and detained for several
    hours over an allegedly falsified driver's license. Police released
    Dashkevich and presented him an official notification that he was
    cleared of suspicion of forgery after representatives of the office of
    the Organization for Security and Cooperation in Europe (OSCE) arrived
    at the police station to monitor detention procedures.
        On the night of December 19, police in Minsk arrested and detained
    over 700 persons who were demonstrating against Lukashenka's long hold
    on power. Most of these individuals were sentenced under the
    administrative code to detention for 10 to 15 days, and remained
    incarcerated at year's end (see section 2.b.). A number of leading
    supporters of opposition parties--including seven presidential
    candidates--were detained; five candidates were subsequently charged
    with crimes. Authorities delayed pressing charges for the maximum legal
    period of ten days; detainees, unlike those charged with crimes, could
    legally be denied access to their families and food, and medical
    supplies from outside. A number were initially denied access to their
    lawyers on the pretext that ``no rooms'' were available for such
    consultations. Authorities also pressured and harassed family members
    of imprisoned activists.

        Amnesty.--On May 5, the president signed a new amnesty law.
    According to the interior ministry, the amnesty was initially expected
    to apply to approximately 30,000 convicts, of whom 4,500 could be
    released and others could have their sentences reduced. However, at
    year's end 3,300 convicts were released from prisons, more than 8,673
    had their jail terms reduced by one year, and another 7,000 convicts
    serving noncustodial terms for various criminal offenses were
    amnestied. One thousand had their convictions commuted.

        e. Denial of Fair Public Trial.--The constitution provides for an
    independent judiciary; however, the Government did not respect judicial
    independence in practice. Corruption, inefficiency, and political
    interference with judicial decisions were widespread.
        There was evidence that prosecutors and courts convicted
    individuals on false and politically motivated charges, and that senior
    leaders and local authorities dictated the outcomes of trials.
        A 2006 report by the UN special rapporteur on the country described
    the authority of prosecutors as ``excessive and imbalanced'' because
    they may extend detention without the permission of judges. The report
    also noted an imbalance of power between the prosecution and the
    defense. Defense lawyers were unable to examine investigation files, to
    be present during investigations, or to examine evidence against
    defendants until a prosecutor formally brought the case to court.
    Lawyers found it difficult to challenge some evidence because technical
    expertise was under the control of the prosecutor's office. According
    to many defense attorneys, these imbalances of power persisted
    throughout the year, especially in politically motivated criminal and
    administrative cases. There were very few cases during the year in
    which criminal defendants were exonerated.
        By presidential decree bar associations are independent; however,
    in practice they remained subordinate to the Ministry of Justice.
    Lawyers must be licensed by the ministry, are required to work in
    regional bar associations, and must renew their licenses every five
    years. The law prohibits attorneys from engaging in private practice,
    although private legal companies are allowed to provide legal
    assistance and advice to private companies and represent their clients
    in economic courts.
        A number of attorneys representing prominent opposition leaders,
    civil society activists, and independent journalists arrested on or
    after December 19 reported that their licenses could be revoked for
    activities related to the defense of their clients. In a notice posted
    on its Web site, the Justice Ministry charged that ``certain lawyers''
    who were defending individuals facing criminal charges, including up to
    seven presidential candidates, were committing ``gross violations'' of
    the rules of professional etiquette for lawyers as well as of the
    country's laws. The ministry accused the lawyers of distorting
    information about the investigations of their clients, their state of
    health, and conditions of detention. The ministry said it was
    conducting an investigation and would take whatever measures the law
    required. Unlike in previous years, there were no reports that
    authorities actually revoked lawyers' licenses for defending NGOs or
    opposition political parties.

        Trial Procedures.--The law provides for the presumption of
    innocence; in practice the burden of proof was frequently on
    defendants. The law also provides for public trials; however, trials
    were occasionally closed and frequently held in judges' offices where
    attendance was severely limited. Judges adjudicate all trials; there is
    no system of trial by jury. For the most serious cases, two civilian
    advisors assist a judge. Government-controlled media frequently
    conducted propaganda campaigns declaring the guilt of suspects even
    before trial and revealed alleged materials from ongoing investigations
    designed to demonstrate further the ``guilt'' of persons awaiting
    trial.
        The law provides defendants with the right to attend proceedings,
    to confront witnesses, and to present evidence on their own behalf;
    however, in practice these rights were not always respected. During the
    year numerous opposition politicians and NGO leaders were tried and
    convicted without being permitted to be present at their trials. On
    January 5, Ales Halavan, a Vitsyebsk member of the Belarusian Christian
    Democracy Party, and his associate, Valer Ramanenka, were detained and
    spent three days in custody. Police seized four white-red-white
    opposition flags from them. On February 20, Halavan was notified that a
    court had sentenced him in absentia to seven days of administrative
    arrest.
        On February 5, a court in Hrodna fined Anzhelika Borys, the former
    leader of the unregistered organization Union of Poles, 4.2 million
    rubles ($1,400) in absentia. In addition Polonika, a Hrodna-based
    education, cultural, and tourism company headed by Borys, was fined 71
    million rubles ($23,700) for its failure to report humanitarian
    assistance it received from a Polish NGO partner. In October
    authorities reportedly dropped financial claims against Polonika.
        On June 16, Alyaksandr Kuznyatsou, leader of the Belarusian Popular
    Front youth wing in Vitsyebsk, was notified that authorities had fined
    him 35,000 rubles ($12) in absentia for disseminating printed
    materials.
        The law provides for access to legal counsel for detainees and
    requires that courts appoint a lawyer for those who cannot afford one;
    however, at times some detainees were denied access to a lawyer and at
    other times, to a Belarusian-language interpreter if they requested
    hearings in the that language. Most judges and prosecutors were not
    fluent in Belarusian and rejected motions for interpreters. The law
    provides for the right to choose legal representation freely; however,
    a presidential decree prohibits NGO members who are lawyers by training
    from representing individuals other than members of their organizations
    in court.
        Courts often allowed information obtained by use of force during
    interrogations to be used against defendants.
        Defendants have the right to appeal court decisions, and most
    defendants did so. However, appeals courts upheld the verdicts of the
    lower ones in the vast majority of cases.

        Political Prisoners and Detainees.--At year's end authorities had
    detained approximately 40 persons from the political opposition, human
    rights and civil society groups, and independent media organizations in
    connection with the large-scale demonstration in Minsk on the night of
    December 19. Most of these political prisoners had either been charged
    or were expected to be charged with the crimes of organizing or
    actively participating in ``mass disturbances.'' Authorities refused to
    permit access to many of the prisoners by lawyers, family members,
    foreign embassies, or prison monitoring groups. Amnesty International
    described 16 of the prisoners as ``prisoners of conscience'' who were
    facing ``trumped up charges.''
        Some of those in detention and facing politically motivated
    criminal charges at year's end included: Uladzimir Nyaklyaeu,
    presidential candidate and leader of the Tell the Truth campaign;
    Andrey Sannikau, presidential candidate and co-coordinator of the
    European Belarus coalition; Mikalay Statkevich, presidential candidate
    and leader of the Social Democratic party; Ales Mikhalevich,
    presidential candidate and leader of the NGO For Modernization;
    Alyaksandr Atroshchankau, Sannikau's campaign spokesman; Paval
    Sevyarynets, leader of the Belarusian Christian Democratic party and
    aide to presidential candidate Vital Rymasheuski; Zmitser Bandarenka,
    leader of independent media organization Charter 97 and co-coordinator
    of the European Belarus coalition; Iryna Khalip, independent journalist
    and Sannikau's wife; Natallya Radzina, Charter 97 editor; Anatol
    Lyabedzka, chairman of the United Civic Party; Nasta Palazhanka, deputy
    chair of the Malady Front opposition youth organization; Alyaksandr
    Fyaduta, aide to Nyaklyaeu; Alyaksandr Klaskouski, a former police
    officer; Uladzimir Kobets, Sannikau's campaign chief; Syarhey Vaznyak,
    aide to Nyaklyaeu; Alyaksandr Arastovich, aide to Statkevich; Syarhey
    Martsaleu, aide to Statkevich; Mikita Likhavid, For Freedom movement
    activist; Dzmitry Novik, Belarusian Popular Front member; Paval
    Vinahradau, Tell the Truth campaign activist; Illya Vasilevich, youth
    activist; and Vasil Parfyankou, Tell the Truth campaign activist.
        Other protest participants or bystanders imprisoned at year's end
    and facing similar politically motivated charges included: Ivan Haponau
    and Artsyom Breus, both Russian citizens; Aleh Fedarkevich; Uladzimir
    Khamichenka; Dzmitry Myadzvedz; Uladzimir Loban; Alyaksandr Malchanau;
    and Alyaksandr Kvyatkevich. Authorities also held Malady Front leader
    Zmitser Dashkevich and Malady Front activist Eduard Lobau, two
    opposition youth activists detained on December 18 on charges of
    ``severe hooliganism.''
        During the year authorities detained hundreds of persons for brief
    periods of time for what appeared to be political reasons. During the
    December 19 protests, police detained more than 700 persons for their
    participation in an ``illegal'' demonstration, and sentenced them to
    heavy fines or between five and 15 days of administrative detention.
    Police subsequently released most of them after these periods of
    administrative detention ended (see section 1.d.).
        During the year authorities prosecuted conscientious objectors. At
    the same time, authorities denied such individuals the opportunity to
    undertake alternatives to military service, in spite of a
    constitutional provision guaranteeing this right.
        On February 1, a court in Minsk sentenced Ivan Mikhaylau, a member
    of the Messianic Jewish community New Covenant, to three months in jail
    on charges of avoiding the draft. Mikhaylau had been in detention since
    his December 2009 arrest for refusing to appear at a conscription
    office, based on his personal beliefs. Amnesty International recognized
    Mikhaylau as a prisoner of conscience. The Minsk regional court revoked
    Mikhaylau's three-month sentence on March 9, and he was released the
    next day. On May 4, a Minsk district court cleared him of draft evasion
    charges. The prosecutor's appeal against the acquittal was rejected on
    June 15.
        On February 11, a court in Homyel fined Belarusian Christian
    Democracy Party activist Yauhen Yakavenka 175,000 rubles ($58) for
    failing to comply with an enlistment office summons to appear on
    January 29. Yakavenka filed his third application for civilian service
    on February 2, asserting that he was not a draft dodger but only wanted
    to exercise his ``constitutional rights'' according to his ``pacifist
    beliefs.'' Yakavenka also repeatedly requested that his military
    summons be written in the Belarusian language. On June 4, a court
    sentenced Yakavenka to one year of restricted freedom for draft
    evasion. The Homyel regional court granted him amnesty on July 23.
    Yakavenka reported that on September 15, he was again summoned to
    appear at a conscription office; he again requested that his summons be
    written in Belarusian.
        In November 2009 a court in Homyel fined Zmitser Smyk, a member of
    Jehovah's Witnesses, 3.5 million rubles ($1,170) for alleged draft
    evasion. Smyk sought to participate in alternate civilian service,
    citing his religious beliefs. On May 31, Smyk was acquitted of draft
    dodging charges after his multiple appeals. On July 16, the Homyel
    Regional Court rejected the appeal submitted by prosecutors against the
    acquittal of Smyk.
        The last of 11 opposition youths convicted and sentenced or fined
    for participating in a 2008 demonstration by entrepreneurs in Minsk,
    Artsyom Dubski, was released during the year. Authorities continued to
    seek three additional persons whom courts convicted in the same case.
    The three, Alyaksey Bondar, Mikhail Kryvau, and Tatsyana Tsishkevich,
    escaped abroad and have not served the two years of ``restricted
    freedom'' to which they were sentenced in April 2008. They faced
    further criminal prosecution and additional charges upon return to the
    country.
        On May 6, following a trial marked by an array of procedural
    violations, the Supreme Court convicted Autukhovich and Asipenka, two
    Vaukavysk anticorruption activists in the entrepreneurs movement and
    long-time opponents of the Lukashenka government, along with two
    others, of illegal weapons possession after they were held in pretrial
    detention for approximately 15 months. During that time Amnesty
    International recognized Autukhovich as a political prisoner.
    Authorities initially charged the pair with the arson of a police
    station. The Supreme Court sentenced Autukhovich to five years' and two
    months' imprisonment, Asipenka to three years, and the others to two to
    three years. Autukhovich and Asipenka had been detained on the charges
    of arson, illegal weapons possession, and terrorism since February
    2009. Authorities ultimately dismissed dismiss the terrorism charges
    due to lack of evidence. Human rights observers noted that no material
    evidence was presented against the activists in court and that most of
    the evidence was provided by Autukhovich's former employee, Alyaksandr
    Laryn, who earlier had made self-incriminating statements to police
    without the presence of his lawyer allowed. Asipenka was released in
    November.

        Civil Judicial Procedures and Remedies.--The law provides that
    individuals can file lawsuits seeking damages for, or cessation of, a
    human rights violation; however, the civil judiciary was not
    independent and was rarely impartial in such matters.

        f. Arbitrary Interference With Privacy, Family, Home, or
    Correspondence.--The law prohibits such actions; however, the
    Government did not respect these prohibitions in practice. Authorities
    applied wiretapping, video surveillance and a network of informers to
    deprive persons of privacy in which to express dissenting political
    views.
        By law persons who obstruct law enforcement personnel in the
    performance of their duties can be penalized or charged with an
    administrative offense even if the ``duties'' may be perceived as
    illegal. ``Obstruction'' could include any effort to prevent KGB or law
    enforcement officers from entering the premises of a company,
    establishment, or organization; refusing to allow KGB audits; or
    denying or restricting KGB access to information systems and databases.
        The law requires a warrant before, or immediately after, conducting
    a search; however, the KGB and riot police entered homes, conducted
    searches, and read mail without warrants. The KGB has the authority to
    enter any building at any time, as long as it applies for a warrant
    within 24 hours after the entry. There were credible reports that
    government agents covertly entered homes of opposition activists and
    offices of opposition groups and monitored the actions of individuals.
    In numerous instances authorities searched residences and offices for
    clearly political reasons.
        On April 30, police searched offices of human rights advocate
    Zmitser Salauyeu in Navapolatsk. The prosecutor authorized the raid as
    part of a criminal investigation into vandalism and anti-Semitic
    graffiti. Police confiscated a computer, discs, printed materials, and
    opposition white-red-white flags. Prior to the raid, Salauyeu had made
    numerous complaints to local prosecutors regarding incidents of
    vandalism and other activities of local neo-Nazi groups. Police had
    also previously raided his office, and failed to return seized computer
    equipment from that prior search.
        On May 18-19, coordinated searches were conducted in private
    residences and offices of activists of the Tell the Truth information
    campaign in more than 20 cities across the country. Dozens of persons
    were detained, and the equipment, documents, and financial resources of
    the NGO were confiscated. Most of the individuals were released without
    further explanation as soon as they had been questioned; however,
    police held the campaign's leader, Uladzimir Nyaklyaeu, activist Andrey
    Dzmitryeu, and the chief editor of the independent newspaper Tavarysch,
    Syarhey Vaznyak, for three days and accused them of knowingly
    disseminating false information. The three were released without
    charge. On November 17, police suspended the criminal investigation
    again them.
        On June 28, police searched without a warrant the residence of
    young opposition activist Andrey Krechka, whom they claimed to suspect
    of hacking into a commercial company's Web site. A few days earlier
    unknown persons smashed a window of Krechka's car and stole a
    satellite-based navigation system.
        Following the December 19 postelection protests, authorities raided
    the offices and homes of dozens of activists and civil society
    organizations. On December 20, law enforcement officers raided offices
    of the unregistered human rights organization Vyasna and briefly
    detained 10 activists who were subsequently released without charge.
    Police seized all computer equipment, as well as still and video
    cameras. The same day, authorities searched the offices of the Tell the
    Truth campaign and Charter 97. Yuliya Rymasheuskaya, Tell the Truth
    leader Uladzimir Nyaklyaeu's spokesperson, was briefly detained along
    with other activists. Security forces also arrested Natalya Radzina,
    editor of the Charter 97 Web site, on charges of organizing and
    participating in the December 19 demonstrations.
        On December 23, four KGB officers searched the apartment of
    Alyaksandr Fyaduta, an aide to Nyaklyaeu, and confiscated a laptop,
    flash drives, and printed materials.
        On December 25, KGB and police raided residences of at least 12
    people, including Sannikau, Mikhalevich, Bandarenka, Atroshchankau,
    Radzina, and Arastovich, in connection with the criminal ``mass
    disturbances'' case. In Minsk, police also searched apartments of human
    rights advocate Aleh Volchak, opposition activist Vyachaslau Siuchyk,
    and the parents of detained journalist Khalip. Police also raided the
    residences of human rights defender Alyaksey Kaputski in Maladzyechna
    and of opposition activist Paval Batuyeu in Salihorsk. In most of these
    instances police seized electronic equipment and paper files. The
    United Civic Party reported that the KGB raided their offices for four
    hours on December 25 and confiscated electronic equipment, seven
    computers, and printed materials.
        On December 27, security officers searched the apartment of
    Sannikau's campaign chief, Uladzimir Kobets; Sannikau's eldest son,
    Kanstantsin Sannikau; and Charter 97 leader Dzmitry Bandarenka.
        On December 28, four KGB officers and a police investigator
    searched the residence of Anatol Lyabedzka, chair of the United Civic
    Party, for three hours and seized a computer and printed materials.
    Lyabedzka had been arrested for alleged involvement in the ``mass
    disturbances'' case during a previous raid on his apartment on December
    20.
        On December 30, KGB officers searched the home of retired KGB
    lieutenant colonel Valery Kostka in Smalyavichy although Kostka had not
    participated in the December 19 demonstration. Police also searched the
    apartment of opposition youth activist Andrey Kim; the summer cottage
    of Nyaklyaeu's campaign chief, Andrey Dzmitryeu; and the residence of
    human rights advocate Alena Tankachova. Police also interrogated
    Tankachova and seized printed materials from her.
        Security forces continued to target prominent opposition and civil
    society leaders with arbitrary searches and interrogations at border
    crossings and airports. For example, on June 2, Andrey Vardamatski, a
    sociologist and head of an opinion research company, was detained and
    searched for four hours upon his arrival in Minsk. On September 12,
    border guards at Minsk airport held a leader of the European Belarus
    civil campaign, Andrey Sannikau, for an hour to search his belongings
    upon his return from a conference in Riga. He was also thoroughly
    checked on his way to the conference on September 10.
        On December 24, the country's border officers detained Vilnius-
    bound activist Katsyaryna Stsyapanava for two hours, transported her to
    a local KGB office, and interrogated her regarding her participation in
    the December 19 demonstration. She was subsequently released without
    charge.
        The law prohibits authorities from intercepting telephone and other
    communications without a prosecutor's order. In practice authorities
    routinely monitored residences, telephones, and computers. Nearly all
    opposition political figures reported that authorities monitored their
    conversations and activities.
        The law allows the KGB, the Internal Affairs Ministry, special
    security services, financial intelligence personnel, and certain border
    guard detachments to use wiretaps. Wiretaps require the permission of a
    prosecutor; however, the lack of prosecutorial independence rendered
    this requirement meaningless.
        The Ministry of Communications has the authority to terminate the
    telephone service of persons who violate their telephone contracts, and
    such contracts prohibit the use of telephone services for purposes
    contrary to state interests and public order.
        During the year authorities forcibly conscripted younger members of
    political opposition groups into the military. There were also reports
    of discrimination and harassment against them during their military
    service.
        On January 26, a Brest district court rejected an appeal filed by
    Malady Front member Yauhen Skrabets challenging his conscription and
    the legality of the actions of the conscription officers. Skrabets
    continued to serve in the army at year's end.
        On July 30, a Malady Front leader in Mahilyou, Stanislau
    Ramanovich, was drafted despite recent surgery on his arm. Ramanovich
    lost his deferment earlier when he was expelled from his university for
    what other activists described as political reasons.
        In January 2009 authorities stopped Franak Vyachorka, former leader
    of the Belarusian Popular Front's youth wing, on a Minsk street and
    physically delivered him to the 8th Radar Brigade in Baranavichy. He
    took a military oath there in February 2009 and was later transferred
    to a radar unit in Mazyr. In mid-December 2009 Vyachorka was sent back
    from a hospital to the military unit despite medical grounds for an
    early discharge from the army. Vyachorka's medical record was
    subsequently revised to omit references to his medical condition as
    diagnosed in the hospital. Vyachorka was discharged on April 14.
        The Government continued to deny certain youths their right to
    alternate civilian military service as provided for in the
    constitution. On February 11, a court in Homyel fined Belarusian
    Christian Democracy Party activist Yauhen Yakavenka 175,000 rubles
    ($58) for failing to comply with an enlistment office summons to appear
    on January 29. Yakavenka filed his third application for civilian
    service on February 2, asserting that he was not a draft dodger but
    only wanted to exercise his ``constitutional rights'' according to his
    ``pacifist beliefs.'' Yakavenka also repeatedly requested that his
    military summons be written in the Belarusian language. On June 4, a
    court sentenced Yakavenka to one year of restricted freedom for draft
    evasion. The Homyel oblast court granted him amnesty on July 23.
    Yakavenka reported that on September 15, the occasion of another call-
    up to the conscription office, he again requested that his summons be
    written in Belarusian.
        There were numerous reports that the Government employed a number
    of means to coerce young persons, including university students and
    military conscripts, to join the pro-Lukashenka, state-funded
    Belarusian Republican Youth Union (BRYU). To this end the Government
    employed a widespread system of BRYU informants organized into civilian
    patrol squads whose objective was to recruit youths and students for
    various projects around the country in the name of good citizenship.
        High school students feared that they would not be allowed to
    enroll in universities without BRYU membership, and university students
    reported that proof of BRYU membership was often required to register
    for popular courses or to receive a dormitory room. Universities also
    offered patrol members discounts on tuition. In 2008 former education
    minister Alyaksandr Radzkou stated that membership in the BRYU would be
    considered in new mandatory recommendations for students who wished to
    train for professions in foreign affairs, state administration, and
    journalism.
        During the year authorities continued to harass family members of
    NGO leaders and civil society activists. In March, for example, the
    father of Artur Finkevich, leader of the NGO Young Belarus, was
    summoned for an interrogation by the KGB. In late December following
    the arrest of presidential candidate Andrey Sannikau and his wife,
    independent journalist Iryna Khalip, authorities attempted to take
    custody of their three-year-old son, Danil Sannikau, from his maternal
    grandmother. Authorities claimed that they were only doing a routine
    investigation into whether the grandmother was healthy enough and had
    the financial means to care for the boy in his parents' absence.
        Following the crackdown on demonstrators on December 19,
    authorities raided the offices of organizations and NGOs, seizing
    equipment and interrogating staff (see sections 2.a. and 5).
    Section 2. Respect for Civil Liberties, Including:

        a. Freedom of Speech and Press.--The constitution provides for
    freedom of speech and of the press; however, the Government did not
    respect these rights in practice and enforced numerous laws to control
    and censor the media. Individuals could not criticize the Government
    publicly without fear of reprisal. Authorities videotaped political
    meetings, conducted frequent identity checks, and used other forms of
    intimidation. Wearing masks, displaying unregistered flags and symbols,
    and displaying placards bearing messages deemed threatening to the
    Government or public order are also prohibited.
        The law also limits free speech by criminalizing actions such as
    giving information to a foreigner about the political, economic,
    social, military, or international situation of the country that
    authorities deem to be false or derogatory.
        The Government censored the media. Authorities warned, fined, or
    jailed members of the media who publicly criticized the Government.
    Under the law the Government may close a publication after two
    ``warnings'' in one year for violating a range of restrictions on
    speech and the press. In addition regulations give authorities
    arbitrary power to prohibit or censor reporting. The Information
    Ministry can suspend periodicals or newspapers for three months without
    a court ruling. The law also prohibits the media from disseminating
    information on behalf of unregistered political parties, trade unions,
    and NGOs. Many publications were forced to exercise self-censorship.
        A February 2009 media law further restricted press freedoms by
    subjecting online news sources to the same regulations as print and
    broadcast media. It also required that all existing media reregister
    before February 8, mandated that journalists be accredited, and
    prohibited domestic media from receiving more than 30 percent of their
    resources from foreign organizations. Although the majority of media
    outlets, including private ones, successfully reregistered, the
    Information Ministry continued to deny registration to independent
    media, i.e. media perceived to be publishing information independently
    of government control. The 2009 law also further complicated
    distribution of publications with a circulation of less than 300
    copies, which did not require registration but had to carry imprint
    information and producers of such publications could be ``warned'' for
    failing to comply with the requirement. The new law was widely
    criticized by domestic and international NGOs and press advocates.
        There were independent media, including newspapers, magazines and
    Internet news Web sites, all owned by individuals or groups other than
    the Government, which sought to provide independent coverage of events.
    However, they operated under repressive media laws and most faced
    discriminatory publishing and distribution policies.
        State-owned media dominated the information field and maintained
    the highest circulation and viewership. The state-owned postal system,
    Belposhta, and the state-owned kiosk system, Belsayuzdruk, continued to
    refuse to deliver and sell at least 10 independent newspapers that
    covered politics. In 2007 Belposhta removed three popular Russian
    newspapers (Kommersant, Moskovskiy Komsomolets, and Nezavisimaya
    Gazeta) from its subscription list. However, other Russian newspapers,
    including Izvestiya, were distributed. Media analysts asserted that the
    newspapers were removed because of reporting critical of Lukashenka's
    policies.
        In February the Information Ministry turned down the third
    registration application from the regional independent newspaper Khimik
    Dva goroda. Officials claimed that the newspaper could not be
    registered because of issues related to hygiene in its office. Previous
    reasons for refusals included the allegedly insufficient educational
    qualifications of the chief editor and the fact that, while describing
    itself as covering general politics, the newspaper also included a
    ``homes and gardens'' section.
        On March 23, the Supreme Economic Court dismissed an appeal of the
    Information Ministry's rejection of the registration application of the
    independent newspaper Nash Dom.
        On April 1, the Information Ministry denied registration to the
    Homyel independent newspaper Silnye Novosti Gomelya on the grounds that
    its chief editor had ``no appropriate qualifications or experience.''
    Tatsyana Bublikava, an independent journalist previously ``warned'' for
    illegally working in the country for the Warsaw-based Belsat TV,
    applied for registration as the editor. There continued to be no
    independent newspapers that covered political issues in the Homyel
    Oblast.
        On May 12, First Deputy Information Minister Liliya Ananich met
    with the editors of four regional independent newspapers that had been
    denied multiple registration applications. Ananich reportedly dismissed
    their arguments and told them that the ministry followed the law.
        On June 14, Baranavichy authorities rejected the application of the
    local independent newspaper Intex-press to be distributed through
    state-run networks. Belposhta cited ``inexpediency,'' and the
    Belsayuzdruk alleged that their ``overburdened'' network had no
    capacity to distribute the newspaper.
        Although authorities continued to allow the independent newspapers
    Narodnaya Volya, Nasha Niva, and two regional newspapers, all banned
    for several years before 2008, to be distributed through state
    distribution systems, they remained subject to restrictions. On July 7,
    Belsayuzdruk did not release the print-run of Nasha Niva due to its
    front-page article reporting that an investigation by a Russian
    television channel implicated Lukashenka in the disappearances in 1999
    and 2000 of opposition leaders and a journalist. The state-owned
    company denied that the copies of the newspaper were not available at
    kiosks. In September 2009 Belsayuzdruk denied a request from Narodnaya
    Volya to add a third day to its existing twice-a-week circulation,
    claiming that it was ``not possible to distribute additional copies due
    to the massive output of other periodicals'' on the specific day
    requested.
        On August 11, the Brest office of Belsayuzdruk unilaterally reduced
    the circulation of the popular independent newspaper Brestsky Kuryer by
    two-thirds. An official stated that this was a way to ``penalize'' the
    owners for attempting to find additional outlets for selling the
    newspaper through retail stores.
        Local authorities frequently warned independent editors and
    journalists to avoid reporting on certain topics and not to criticize
    the Government. Authorities also warned businesses not to advertise in
    newspapers that criticized the Government. According to the independent
    Belarusian Association of Journalists (BAJ), officials from the
    presidential administration met with leading bankers, including
    representatives of foreign-controlled banks, and ``strongly
    recommended'' that they advertise only with state media. The Babruysk-
    based independent newspaper Bobruysky Kuryer was forced to go out of
    business due to the advertisement ban.
        On March 22, the Supreme Court upheld a January 13 Ministry of
    Justice requirement that the BAJ stop issuing press badges to its
    1,000-plus members. These badges had been displayed by independent
    reporters, free lancers, and Web site and foreign correspondents
    covering public events, including opposition demonstrations, in order
    to gain access and report the news.
        On March 11, the Information Ministry issued a warning to the
    popular daily Komsomolskaya Pravda v Belorussiy for publishing ``false
    information.''
        On April 19, a court in Beshankovichy fined Heorhi Stankevich, a
    journalist and Belarusian Christian Democracy party activist, 700,000
    rubles ($235) for illegally distributing the newspaper Kryvinka with a
    circulation under 300 copies. Stankevich, the editor and publisher of
    the newspaper, was detained on April 8.
        On April 26, a prosecutor in Hantsavichy warned the chief editor of
    the independent newspaper Hantsavitski Chas, Alyaksey Bely, and
    journalist Katsyaryna Kurlovich for an April 16 article purportedly
    carrying false information. On November 17, a prosecutor in Hantsavichy
    summoned a woman who was quoted in Hantsavitski Chas expressing
    criticism of media coverage related to the presidential election.
    Deputy chief editor Pyotr Huzayeuski stated that authorities exerted
    pressure on the newspaper by harassing its readers.
        On June 14, the Information Ministry warned the independent
    newspaper Novy Chas for failing to list the editor's full name and a
    bar code in the imprint information. On June 18, the Ministry of Trade
    issued a warning to the same newspaper for illegally advertising
    programs of Belsat TV. The chief editor noted in response that the
    information was published in the newspaper free of charge. On November
    13, security officers detained executive director of the newspaper
    Yazep Palyubyatka, who was transporting copies of the newspaper. Police
    checked his passport information and released him without charge. Novy
    Chas remained out of circulation from state-run distribution centers at
    the end of the year.
        On July 6, a prosecutor in Klyotsk issued a warning to Aleh
    Nikulin, the publisher of the Catholic bulletin Apostalski Vetraz with
    a circulation of under 300 copies, that Nikulin had violated laws and
    could be held liable for lacking official registration.
        On September 14, the Information Ministry also warned the
    independent publication Brestskaya Gazeta for purportedly disseminating
    false information.
        On September 15, the Supreme Economic Court rejected appeals by
    Nasha Niva of two warnings issued by the Information Ministry on July
    22 and July 26 about articles allegedly containing false information
    and defaming the state-controlled BRYU.
        On November 16, the Belposhta office in Baranavichy, citing
    ``inexpediency,'' declined to include the independent newspaper Intex-
    press in its 2011 subscription catalogue.
        Journalists reporting for international media that gave extensive
    coverage to the country, such as the Warsaw-based independent satellite
    channel Belsat TV and the Polish radio station Radio Racyja, continued
    to receive warnings from the prosecutor's office for working without
    accreditation. After enactment of the new media law, authorities sent
    warnings to at least 20 independent journalists.
        On July 20, the Ministry of Foreign Affairs rejected the
    accreditation application of Radio Racyja journalist Viktar
    Parfyonenka.
        On November 3, the foreign ministry refused to extend accreditation
    for Yauhen Ahurtsou, a member of BAJ and local correspondent of the
    Russian radio station Golos Rossii. The ministry alleged that Ahurtsou
    worked for the radio station without accreditation after its
    credentials had expired on September 1 and that it received a belated
    request to extend it on September 11. The ministry reportedly reviewed
    the request only on November 2 and alleged that Ahurtsou published
    articles on the station's Web site after September 1.
        On November 19, the ministry denied the accreditation applications
    of Polish newspaper Gazeta Wyborcza's correspondent Andrzej Paczobut
    and a photojournalist citing their previous work for the publication
    without permission from the Government. This was in spite of the fact
    that the photojournalist had maintained a valid accreditation at all
    times.
        On December 9, the ministry turned down the accreditation and entry
    visa request of Swedish photojournalist Dean Cox without any
    explanation.
        Independent domestic media outlets faced penalties for cooperating
    with foreign-based media. On February 4, a court in Minsk fined the
    publishers of Narodnaya Volya 700,000 rubles ($235) for placing a
    notice regarding the programs of Belsat TV.
        International media continued to operate in the country but not
    without interference and harassment. Euronews and the Russian channels
    First Channel, NTV, and RTR were generally available, although only
    through paid cable services in many parts of the country. Their news
    programs were at times blocked, censored, or replaced with local
    programming. For example, the Russian NTV channel's four documentaries
    implicating Lukashenka in the high-profile disappearances of political
    leaders and a journalist in 1999 and 2000 were subject to blackouts and
    censorship by the Government during the year. Broadcasts from other
    countries, including Poland and Lithuania, could be received in parts
    of the country, usually along the border. In April 2009 the Government
    suspended the broadcast of five popular Russian channels, including TV
    Center International and Ren TV.
        On November 18, the Ministry of Foreign Affairs renewed for one
    year the accreditation of nine journalists and technical personnel of
    European Radio for Belarus (ERB), including the bureau chief and
    editor. The ministry denied reaccreditation for an ERB Brest
    correspondent and also rejected a second registration application from
    external broadcaster Belsat TV.
        In late December the ONT state television station announced that
    its talk show Vybar was being suspended until mid-January after a
    contentious election night interview with Lidziya Yarmoshyna, chairman
    of the Central Election Commission. Host Syarhey Darafeyeu asked
    Yarmoshyna to comment on a video clip showing a teacher at a state
    university urging her students to ``vote early,'' leading Yarmoshyna to
    storm off the set. Early voting, strongly encouraged by the Government,
    lasted five days, during which independent observers had no ability to
    monitor ballot boxes at night. At a news conference on December 20,
    Lukashenka referred to the 30-year-old Darafeyeu as a ``boy journalist
    who must be put in his place.''
        The Government continued to harass, assault, and arrest
    journalists. On January 13, police searched the private residence of
    independent journalist Syarhey Serabro in Vitsyebsk and confiscated
    computer equipment and a camera. Although officers returned his
    property on January 26, Serabro was questioned in relation to the
    criminal case against local opposition activist Syarhey Kavalenka on
    February 1. He was again summoned for interrogation on February 22.
        On February 4, a court in Minsk sentenced independent journalist
    Ivan Shulha to 10 days in jail for allegedly inflicting bodily harm on
    a police officer during his detention. Also in early February police on
    two separate occasions attempted to conduct warrantless raids on the
    apartment of Belsat TV correspondent Mikhail Yanchuk.
        On February 15, the chief editor of Magazyn Polski na Uchodzstwie,
    Ihar Bantsar, and Gazeta Wyborczej correspondent Andrzej Paczobut were
    each sentenced to five days in prison for participating in an
    unsanctioned meeting at the Polish House educational center in Hrodna
    on February 10. On April 1, police in Shchuchyn confiscated 450 copies
    of Magazyn Polski na Uchodzstwie from employees who were pulled over
    and searched on the road between Minsk and Hrodna.
        Police interrogated and searched several independent journalists
    while investigating a defamation suit filed by Ivan Korzh, ex-chair of
    the KGB in the Homyel region, against police officers who had provided
    journalists with information Korzh contended was false. On February 17
    and 26, police searched the workplace of Narodnaya Volya deputy editor
    Maryna Koktysh and the apartment of the newspaper's editor, Svyatlana
    Kalinkina. Iryna Khalip, a journalist for the Russian newspaper Novaya
    Gazeta, and her spouse, presidential candidate Andrey Sannikau, were
    questioned at a police precinct on March 3. During raids of the offices
    and private apartments of witnesses on March 16, police confiscated
    computer equipment and electronic storage media from Natallya Radzina,
    editor of the opposition Web site Charter 97, Koktysh and Kalinkina of
    the Narodnaya Volya, and Khalip. A police officer hit Radzina in the
    face when attempting forcibly to enter the office of Charter 97. On
    March 12, security officers arrested Koktysh and seized a vehicle that
    she was importing at the Lithuanian border, claiming that the car was
    stolen. Koktysh was released without charge the next day, and the car
    was returned to her a few days later. On March 26, Kalinkina, Koktysh,
    and Radzina were summoned for interrogation. Police again interrogated
    Kalinkina, Radzina, and Khalip on April 2. Radzina indicated that many
    of the questions related to Charter 97's operations. They were again
    interrogated on April 28.
        Authorities also informed Radzina that police had opened a separate
    defamation investigation into comments made by bloggers on the Charter
    97 Web site; the bloggers were reacting to an article about the
    imprisonment of Autukhovich that appeared in the state-owned newspaper
    Sovetskaya Belorussiya. On May 19, Radzina, Kalinkina, and Koktysh were
    summoned for further interrogation. Khalip was summoned again on May
    26. On July 1, the Minsk city prosecutor's office questioned Radzina as
    a witness in the defamation case. On December 8, a prosecutor informed
    Charter 97 of a third criminal case opened against the group that
    required further examination of previously confiscated computer
    equipment. The prosecutor declined to disclose charges and suspects in
    the case. All cases were pending at year's end.
        Security officers continually hampered efforts of independent
    journalists to cover Solidarity Day and other protests in Minsk. On
    February 16, Nasha Niva photographer Yuliya Darashkevich was detained
    and questioned for three hours. On February 23, authorities charged
    independent journalist Alyaksandr Dzianisau with conducting an
    unauthorized interview with the administrator of a local school,
    despite the administrator's agreement to participate in the interview.
    On March 15, a court in Hrodna fined Dzianisau 70,000 rubles ($23).
        On March 2, Interior Minister Anatol Kulyashou's deputy, Aleh
    Pyakarski, supported police measures during street protests and called
    for regulations to establish rules of conduct for reporters covering
    demonstrations.
        On March 22, Interior Minister Kulyashou declined to meet with the
    BAJ to discuss possible measures against police officers for
    obstructing journalists during mass events in downtown Minsk. The
    Minister stated that all demonstrations were prohibited in downtown
    Minsk and that police never abused their powers. He also claimed that
    ``no individuals who had identified themselves as journalists were
    detained'' during these demonstrations. Kulyashou added that his
    ministry gave no ``special'' orders to impede journalists from
    performing their duties.
        On April 16, police detained independent photojournalists Uladzimir
    Grydzin and Kseniya Avimava for three hours. They were photographing
    democratic youth activists delivering a petition to BRYU officials in
    Minsk.
        On April 21, police briefly detained independent journalist
    Uladzimir Staraverau in Vitsyebsk and confiscated his video materials.
        On May 18, security officers raided the private residences and
    offices of activists across the country associated with the Tell the
    Truth information campaign. Syarhey Vaznyak, chief editor of the
    independent newspaper Tavarysch, was detained for three days along with
    two other campaign leaders. Police detained and questioned independent
    journalists Yury Aleinik, Yury Varonezhtsau, Larysa Nasanovich,
    Alyaksandr Ulitsyonak, and Alyaksandr Fyaduta.
        On June 15, police detained and questioned independent journalists
    Nasta Krauchuk and Volha Zharnasek, who were covering Tell the Truth
    campaign activists as they disseminated printed materials to students
    in front of BSU. The journalists were taken to a police precinct,
    searched, questioned, and released a few hours later with no charge.
    However, Krauchuk reported that their camera was damaged during
    detention.
        On November 17, prosecutors questioned Viktar Fedarovich, a
    journalist from independent media organization BelaPAN, regarding an
    article that purportedly contained information illegally disclosed from
    a preliminary criminal investigation against senior prosecutor
    Svyatlana Baikova.
        On December 9, police briefly detained one BelaPAN and one Nasha
    Niva correspondent who were covering a sanctioned demonstration staged
    by Belarusian activists of the Russian National Bolshevik Party against
    Lukashenka's reelection bid. The two were released after an
    identification check without charge.
        On December 10, independent journalist Dzmitry Rastaeu was forced
    to resign from his job at the independent Vecherniy Bobruysk newspaper
    after local ideology officer Mikhail Kavalevich pressured publishers to
    fire him for his criticism of the Government.
        During and after the Government crackdown that followed the
    December 19 postelection demonstrations, authorities raided the offices
    of a number of independent media outlets.
        On the night of December 19, police detained at least 15
    journalists, members of BAJ, and over five foreign correspondents,
    according to the BAJ press services. One of the foreign journalists,
    Mariya Antonova, of Agence France Presse, was reportedly released and
    left the country on December 20. Twenty-two other journalists reported
    being the victims of physical violence during the police crackdown on
    demonstrations. These included Michael Schwirtz and James Hill of the
    New York Times, Anton Kharchenko and Victor Filyaev of television
    channel Russia Today, and Hanz Cezarek, a photojournalist for Austrian
    Internet-based news service news.at.
        On December 25, according to press reports, authorities raided the
    Minsk offices of ERB, which was officially registered in the country
    but based in Poland, and Belsat TV, unregistered in the country and
    based in Poland. Over 50 pieces of office and studio equipment were
    seized from the ERB offices without the presence of its journalists,
    leaving little more than tables and chairs. In anticipation of the
    raid, Belsat staff had vacated their premises several days earlier. On
    December 31, KGB agents searched the apartment of Belsat reporter
    Katsyaryna Tkachenka, seizing her laptop and SIM cards.
        On December 28, three KGB officers searched for three hours the
    residence of Andrey Skurko, chief editor of the independent Nasha Niva,
    and confiscated computer equipment. That same day security forces
    raided offices of the Belarusian PEN Center and Nasha Niva in downtown
    Minsk. Officers seized 12 computers and electronic storage media.
        On December 31, KGB officers raided the residence of Nasha Niva
    photojournalist Yuliya Darashkevich in search of video and photos from
    the December 19 demonstration. They seized two laptops, flash drives,
    recording devices, cameras, and disks.
        During the year several independent journalists, including
    Kalinkina, Radzina, and Khalip, as well as playwright Mikalay Khalezin,
    received threats of physical violence in anonymous letters by mail and
    in comments on their blogs. They linked the intimidation with their
    professional activities and believed security forces were behind the
    threats.
        The Government tightly controlled the content of domestic broadcast
    media. In 2007 the president stated that control of radio and
    television stations remained a high priority for the Government and
    that private stations would not be allowed to operate in the country.
    He also stated that state publishing houses would never sign contracts
    with independent media publications that violated media laws. In April
    2009 the president reiterated his earlier remarks and dismissed
    concerns about ``the closure of the Russian channels.'' On December 20,
    Lukashenka pledged to ``reform the Internet'' which according to him,
    was used to ``mock authorities and the people.'' He committed to
    ``bringing it closer to Western standards'' and threatened journalists
    that they would be held ``fully responsible for every word.''
        Only the state-run radio and the state-run television networks were
    allowed to broadcast nationwide. The Government continued to use its
    virtual monopoly of television and radio broadcasting to disseminate
    its version of events and minimize all opposing viewpoints. State
    television coordinated its propaganda documentaries with the country's
    security services.
        Local independent television stations operated in some areas and
    reported local news; however, most were under government pressure to
    forgo reporting on national issues or risk being censored. Such
    stations frequently were pressured into sharing materials and
    cooperating with authorities to intimidate local opposition and human
    rights groups that met with foreign diplomats.
        Libel is a criminal offense. There are large fines and prison
    sentences of up to four years for slandering and insulting the
    president. Penalties for defamation of character make no distinction
    between private and public persons. A public figure who is criticized
    for poor performance while in office may sue both the journalist and
    the media outlet that disseminated the critical report. For example, on
    January 11, a court in Barysau convicted the independent newspaper
    Borisovskie Novosti and its journalist Anatol Mazgou of insulting a
    member of the local government in an article and obliged them to pay 2
    million rubles ($670) in moral damages.
        On May 13, the Brest regional prosecutors warned small business
    activist Viktar Chaykouski that he could be held criminally liable for
    ``discrediting the Republic of Belarus'' in his ``subjective''
    interviews with independent media. Chaykouski purportedly ``cited
    unreliable information about the social and economic situation'' in the
    country.
        Human rights sources reported in July that prosecutors were
    investigating bloggers' comments on the independent news site
    vialejka.org for possible libel. Activist Mikalay Susla was summoned
    for questioning as a witness, and his computer was confiscated for
    further examination.
        On July 15, regional prosecutors notified Syarhey Panamarou, an
    editor of the Boyki Klyotsk bulletin (circulation under 300 copies),
    that a criminal case against him for allegedly libeling local
    government officials in his publications was sent to court. Hearings
    were scheduled for August 23, but Panamarou fled the country to escape
    prosecution. He characterized the charges as politically motivated.
        The Government took numerous other actions during the year to limit
    the independent press, including limiting access to newsprint and
    printing presses. Several independent newspapers, including Vitsyebski
    Kuryer (previously forced out of the country and registered in Russia)
    and Tavarysch, printed materials in Russia because domestic printing
    presses (mostly state-owned) refused to print them. The Information
    Ministry warned the Tavarysch newspaper in June that it could lose its
    registration due to the editorial's failure to publish the newspaper
    weekly according to its registration license. Both newspapers remained
    out of circulation at year's end. Other independent newspapers, such as
    Salidarnasc, BDG, and Bobruysky Kuryer, disseminated Internet-only
    versions due to printing and distribution restrictions.
        At year's end journalists of the independent weekly Gazeta
    Slonimskaya continued to work from their homes, after having been
    forced to vacate the newspaper's rented premises in mid-2008. The
    newspaper's editor, Viktar Uladashchuk, stated that he could not lease
    a new office because rental agencies feared government reprisals.
        During the year the Government confiscated numerous independent and
    opposition newspapers and seized leaflets and other materials deemed to
    have been printed illegally.
        On January 12, police briefly detained opposition activist Barys
    Khamayda for distributing independent newspapers in Vitsyebsk. He was
    again apprehended and held for more than two hours on February 18 and
    an hour on June 27. On February 22, police detained Malady Front
    activist Ales Kirkevich on charges of illegally distributing the
    newspaper Khristiankaya Oborona. On March 25, a court in Hrodna fined
    him 1,225,000 rubles ($410). In August, Kirkevich was fined 875,000
    rubles ($290) in absentia for the illegal distribution of printed
    materials on July 3.
        Police detained private publisher Viktar Ramnyou at least four
    times during the year and confiscated numerous copies of his
    independent newspaper Vitsyebski Kuryer (printed in Russia) and other
    material. He was heavily fined on charges of distributing illegally
    printed materials. For example, on March 17, police seized 50,000
    copies of the independent newspaper Nash Dom from Ramnyou and his
    associate Volha Karach; on March 26, police fined Ramnyou 1,750,000
    rubles ($585). On March 25, police in the Vitsyebsk region seized over
    10,000 copies of the Vitsyebski Kuryer from Ramnyou, and on the same
    day a court in Lyozna fined Ramnyou 1,225,000 rubles ($410) for
    illegally transporting the publication. On April 8, police seized
    10,000 copies of the Vitsyebski Kuryer from Ramnyou in the Mahilyou
    region and searched his car. On May 6, Ramnyou was fined 1,050,000
    rubles ($350) for illegally carrying 53 copies of the newspaper. On
    October 8, more than 11,000 copies of the newspaper Vitsyebski Kuryer
    were seized from him. On October 12, a court in Lyozna fined Ramnyou
    1,225,000 ($410) for illegal distribution. In a separate case involving
    Vitsyebski Kuryer, the Supreme Economic Court upheld a decision of the
    Vitsyebsk Oblast Economic court to deny publishers a license to
    distribute newspapers independently.
        On March 24, police detained democratic activist Alyaksandr Pratsko
    for distributing the independent publication Novy Chas at a market in
    Homyel. Officers examined copies of the newspaper and released Pratsko
    an hour later without charge. On March 26, a court in Buda-Kashalyou
    fined journalist and human rights advocate Valer Shchukin 1,050,000
    rubles ($350) for transporting 24,000 copies of the Nash Dom newspaper.
        On May 4, authorities confiscated more than 12,000 copies of the
    newspaper Nash Dom from democratic activist Khrystsina Shatsikava. On
    June 28, a judge in Mahilyou upheld the confiscation and the court
    fined Shatsikava 700,000 rubles ($235) for disseminating illegally
    printed materials.
        During a raid on April 1, authorities confiscated materials from
    For Freedom movement activist Alyaksandr Ramanovich. On June 16, a
    court in Pinsk fined Ramanovich 1,050,000 rubles ($350) for
    distribution of illegally printed materials.
        On June 7, a court in Vitsyebsk fined in absentia the editor of the
    Vitsyebski Kuryer newspaper, Aleh Barshcheuski, 700,000 rubles ($235)
    for illegally disseminating printed media. Police searched
    Barshcheuski's car and confiscated copies of the newspaper.
        On July 9, police in Krychau detained an independent distributor
    and confiscated 297 copies of the local independent publication Volny
    Horad. The prosecutors ordered a ``linguistic examination'' of the
    newspaper.
        On October 1, a court in Mahilyou fined human rights advocate and
    journalist Valer Shchukin 1,050,000 rubles ($350) for illegal
    distribution of printed materials. Police detained Shchukin on August 8
    and confiscated 24,000 copies of the Nash Dom newspaper as well as
    5,500 copies of a bulletin about women's rights.
        On November 30, a court in Vitsyebsk fined activist Syarhey
    Kandakou 700,000 rubles ($235) for distributing the newspaper
    Vitsyebski Kuryer. The publication remained out of circulation at
    year's end.

        Internet Freedom.--On July 1, the president issued an edict that
    requires registration of service providers and Internet Web sites,
    establishes restrictions on access to sites containing ``extremist
    activity'' (which many activists believed could be interpreted to
    include government opponents), and requires the collection of
    information on users at Internet cafes. It requires service providers
    to store data on the Internet use of individuals for a year and to hand
    that information over to law enforcement agencies upon their request.
    The edict restricts access to Web sites whose content includes
    ``extremist activities;'' materials related to illicit weapons,
    explosives, and drugs; trafficking in persons; pornography; and
    promotion of violence. It requires service providers to eliminate
    access to these subject areas from government offices, educational
    facilities, and cultural institutions if ordered to do so by the KGB,
    the prosecutor general, the Operation and Analytical Center under the
    presidential administration, and other state agencies. On October 27,
    the State Telecommunications Inspectorate under the Communications
    Ministry stated that the list of restricted Web sites, which is
    undisclosed, contained 20 sources that carried ``extremist or
    pornographic'' materials. Internet service providers are required to
    update the list on a daily basis. Decisions to restrict access to
    Internet sources may be appealed to the courts.
        The Government partially restricted access to the Internet, and
    monitored e-mail and Internet chat rooms. Individuals and groups were
    generally able to engage in the peaceful expression of views via the
    Internet, including by e-mail, but opposition activists faced the
    likelihood that their e-mails and other Web-based communications would
    be monitored.
        The authorities freely monitored Internet traffic. By law the
    telecommunications monopoly, Beltelekam, and other organizations
    authorized by the Government had the exclusive right to maintain
    Internet domains.
        On October 25, operation and analytical center deputy Uladzimir
    Ryabavolau stated that the main purpose of regulating the ``Belarus
    segment of the Internet'' was to create ``conditions for its
    accelerated development.'' Many activists and demonstration
    participants questioned after the December 19 demonstration reported
    that security officers told them that phone records had placed them in
    the vicinity of Independence Square during the demonstration. In late
    December international and local media reported that Swedish
    telecommunications firm Ericsson confirmed it had supplied surveillance
    equipment to authorities. Such equipment allowed the Government to
    track use of the three major mobile communications networks during the
    protests. On March 3, Lukashenka signed an edict that required
    telecommunications companies to provide the KGB and other security
    officials with access to their customer databases. The companies were
    responsible for bearing the costs of purchase, installation, and
    maintenance of the relevant equipment.
        Approximately one-third of the population had access to the
    Internet, and Internet use was highest in urban areas. Access was
    restricted by relatively high costs and lack of high-speed services in
    certain areas of the country, as well as at state companies and
    organizations where reportedly filters exist (and which cover
    workplaces of 80 percent of the country's workers). On occasion
    government providers blocked independent and opposition Web sites
    during major political events.
        On June 24, authorities blocked the Web site of the unregistered
    Malady Front NGO. Additionally, the group had no control over or access
    to its Web site and was not able to update information on it due to
    ``external interference'' between June 8 and 20. In May the Malady
    Front was forced to close down its Salihorsk region Web site due to
    numerous viruses and continued script errors.
        On July 8, the state-controlled Beltelekam claimed that it blocked
    the Web site of the independent Vitsyebski Kuryer in response to a
    request from the newspaper's owners to discontinue hosting services as
    of July 5. Volha Karach, one of the newspaper's founders, denied that
    the paper had made any such request. The Web site resumed its
    operations at a different domain hosted outside of the country on July
    12.
        On July 16, the opposition group Charter 97 reported a cyber attack
    on its Web site after it posted a critical documentary about
    Lukashenka, implicating him in high-profile disappearances in 1999 and
    2000. The Web site also was blocked on June 23, following extensive
    reports about a dispute over natural gas pricing between the
    Governments of Belarus and Russia.
        On September 7, authorities in Navapolatsk blocked the independent
    Internet resource ximik.info in compliance with the July 1presidential
    edict. According to the Web site's editor, Andrey Alyaksandrau, a
    number of local educational institutions had eliminated access to the
    Web site long before the edict's enforcement. In response to the
    Government's interference and Internet restrictions, many opposition
    groups and independent newspapers switched to Internet domains
    operating outside the country. The few remaining independent media
    sites with domestic ``.by'' domains practiced heavy self-censorship.
        On election day, December 19, both before and during the
    antigovernment demonstration, cyber attacks apparently blocked
    independent news portals and social networks. The Web sites of Charter
    97, Belarusian Partisan, Vyasna, Belarusian Christian Democracy,
    electroname.com, citizenby.org, Salidarnasc, Twitter, Facebook, and
    LiveJournal were all unavailable throughout the country. Access to
    certain news portals, including independent news agency BelaPAN and
    Radio Liberty, was intermittent.
        The Government continued to collect and obtain personally
    identifiable information on independent journalists and democratic
    activists. For example, investigators hacked personal passwords to
    access e-mails, Skype records, and other materials, to read decoded
    files, and to retrieve deleted information on the computers confiscated
    from independent journalists Kalinkina, Koktysh, Khalip, and Radzina
    during raids in February and March.

        Academic Freedom and Cultural Events.--The Government restricted
    academic freedom and cultural events. Educational institutions were
    required to teach an official state ideology that combined reverence
    for the achievements of the former Soviet Union and of Belarus under
    the leadership of Lukashenka. Use of the word ``academic'' was
    restricted; NGOs were prohibited from including the word ``academy'' in
    their titles. Opportunities to receive a higher education in the
    Belarusian language in the majority of fields of study were scarce.
    Administrations of higher educational institutions made no effort to
    accommodate students wishing to study in Belarusian-language classes.
        In October 2009 Deputy Education Minister Tatsyana Kavalyova stated
    that ideology remained ``the backbone'' of education in the country and
    gave ``special flavor to the educational environment.'' She also noted
    that every educational institution maintained an ideology department.
        During the year authorities harassed, intimidated, and dismissed
    teachers on political grounds. For example, Minsk regional education
    official Taisa Danilevich warned six local schoolteachers that they
    would be dismissed if they did not disavow their membership in
    opposition parties.
        In May authorities dismissed Belarusian language teacher Syarhey
    Salodkin from a school in the village of Koptsi. Salodkin published the
    bulletin Poklich Voli, circulation fewer than 300 copies, which the
    local education department considered ``opposition.'' Salodkin also
    refused to join the state-run trade union.
        On June 11, the Belarus State University of Culture and Arts
    dismissed prominent playwright Andrey Kureychyk for his public support
    of the Tell the Truth information campaign leaders who were detained
    and arrested in May. Following extensive criticism in the independent
    media, Kureychyk was offered his job back on July 18.
        Government-mandated textbooks contained a heavily propagandized
    version of history and other subjects. All schools, including private
    institutions, were considered political bodies that must follow state
    orders and could not be led by opposition members. The education
    minister has the right to appoint and dismiss the heads of private
    educational institutions.
        The BRYU continued its efforts to promote ideological purity among
    students. University students reportedly were pressured to join the
    BRYU to receive benefits and rooms in dormitories. Local authorities
    also pressured BRYU members to campaign on behalf of government
    candidates. In addition authorities at times pressured students to act
    as informants for the country's security services.
        According to an education ministry directive, educational
    institutions may expel students who engage in antigovernment or
    unsanctioned political activity and are to maintain the proper
    ideological education of students. During the year at least six
    students were expelled for political reasons, compared with three or
    more in 2009, at least 10 in 2008, 20 in 2007, and more than 100 in
    2006. Some school officials continued to cite poor academic performance
    or absence from classes as reasons for the expulsions.
        In February the Belarus Science and Technologies University
    expelled first-year student Syarhey Kuryanovich for his participation
    in activities of the unregistered European Belarus coalition.
    Professors told Kuryanovich privately that they were forced to grade
    him low and expel him for his subsequent academic failures.
        On March 5, the private Institute for Parliamentary Studies and
    Entrepreneurship expelled Marat Abramouski after he announced he would
    run in local elections.
        In March a university in Mahilyou expelled Stanislau Ramanovich, a
    Malady Front local leader, for his political activities. Two KGB
    officers interrogated Ramanovich at the university in January and
    threatened him with expulsion.
        On March 24, Iryna Hubskaya, a second-year student and a democratic
    candidate in local elections, was expelled from a private university in
    Minsk, allegedly for missing classes.
        During the year Franak Vyachorka, a prominent opposition youth
    leader who was expelled from BSU in 2008 and forcibly drafted in 2009,
    applied for enrollment to five universities. Four of them denied his
    application in September, one never responded, and Vyachorka complained
    to the Education Ministry that he was ``denied the right to receive
    higher education in Belarus.'' BSU previously rejected eight
    application requests from Vyachorka and told him in September that he
    could be reinstated as a correspondence student of the philology
    department starting on February 1, 2011.
        On November 3, the International Liberal Arts and Economics
    Institute expelled fifth-year student Uladzimir Kumets for
    participating in the nomination group of presidential candidate and
    Tell the Truth campaign leader Uladzimir Nyaklyaeu. During a meeting on
    November 10, the head of the institute reportedly promised Nyaklyaeu
    that Kumets would be reinstated in January 2011. Kumets left the
    country to avoid prosecution after the December 19 crackdown.
        The Belarusian State University expelled Malady Front activist
    Tatsyana Shaputska following her return from the Eastern Partnership
    Civil Society Forum in Brussels in November 2009. Although the foreign
    minister claimed that she was expelled for poor attendance, Shaputska
    reportedly was told that the reason for her expulsion was that she
    failed to gain permission for the trip from the law faculty dean. On
    January 28, the Education Ministry turned down her reinstatement
    request, stating that there were no ``legal grounds'' for revoking
    expulsion orders. A Minsk district court dismissed Shaputska's appeal
    on March 26.
        Human rights advocates announced in November that BSU expelled a
    fifth-year journalism student for being featured in an anti-Lukashenka
    video clip posted to YouTube prior to the election.
        In December the Committee for the Protection of the Repressed
    Solidarity reported that opposition youth activist Mikhail Mikulich was
    expelled from the Belarusian State Pedagogical University for political
    reasons.
        The Government continued to ban teachers and democratic activists
    from promoting the wider use of the Belarusian language and the
    preservation of its culture. For example, on September 5, police in
    Khoyniki briefly detained Maryia Tulzhankova, a member of the young
    historians' society Talaka, while she was attending the 2010 Belarus
    Written Language Festival. Officers questioned her about photographing
    folk bands' performances and looked through her pictures. She was
    released without charge.
        The Government also restricted cultural events. During the year,
    the Government continued to force opposition theater groups into such
    venues as bars and private apartments and to suppress unofficial
    commemorations of historical events. For example, on January 27,
    organizers of the public release of the compact disc Belarusian Guitar
    Poet Hits had to look for a different venue for the event at the last
    minute after Minsk city authorities warned the St. Simon and St. Helena
    Catholic Church against holding the affair. The compact disc was
    produced by the unregistered Belarusian Christian Democracy Party.
        At year's end authorities claimed they were not planning to expel
    students who took part in the December 19 postelection demonstration in
    Minsk. BSU administration stated that they would review written
    explanations submitted by students who were arrested and served short-
    term sentences before taking further action. On December 28, Viktar
    Iuchankau, spokesman for the Education Ministry, asserted that students
    were ``not expelled from Belarusian universities for political
    reasons.'' According to information released by a state TV channel on
    December 26, 14 percent of those arrested during the December 19
    demonstration were students, and there were credible reports that at
    least 10 of these students were facing expulsion at the end of the year
    for their political activities related to the December 19
    demonstration.

        b. Freedom of Peaceful Assembly and Association.--Freedom of
    Assembly.--The constitution provides for freedom of peaceful assembly;
    however, the Government severely restricted this right in practice.
    Only registered political parties, trade unions, and NGOs could request
    permission to hold a demonstration of more than 1,000 persons, and
    denials were common. Security forces frequently forcibly dispersed
    participants, often causing injuries (see section 1.c.).
        The law criminalizes participation in the activities of
    unregistered NGOs, training of persons to demonstrate, financing of
    public demonstrations, or solicitation of foreign assistance ``to the
    detriment'' of the country. Violations are punishable by up to three
    years in prison.
        During the year authorities employed a variety of means to
    discourage the holding of demonstrations, to break them up, to minimize
    their impact, and to punish the participants. Organizers must apply at
    least 15 days in advance for permission to conduct a public
    demonstration, rally, or meeting, and government officials are required
    to respond no later than five days prior to the scheduled event.
    However, authorities generally refused permits to opposition groups or
    granted permits only for demonstrations held well away from city
    centers. Authorities used intimidation and threats to discourage
    persons from participating in demonstrations, openly videotaped
    participants, and imposed heavy fines or jail sentences on participants
    in unsanctioned demonstrations. On dozens of occasions authorities
    fined opposition activists and members of NGOs for participating in
    unauthorized protests. On many occasions police and other security
    officials beat and detained demonstrators before, during, and after
    unsanctioned peaceful demonstrations (see section 1.c.).
        On March 16, 14 opposition supporters who held a rally in front of
    the Supreme Court to show support for the Vaukavysk activists on trial
    were detained and charged with holding an unsanctioned event. European
    Belarus campaign activists Maksim Vinyarski, Palina Kuryanovich, and
    Palina Dzyakava were held in custody overnight and fined 700,000 rubles
    ($235), 1,050,000 rubles ($350), and 1,325,000 ($440), respectively. On
    March 29, a court in Minsk fined youth activist Andrey Kuzminski
    1,400,000 rubles ($465). In April opposition youths Andrey Krechka and
    Aleh Ladutska were fined 700,000 rubles ($235) each, and Artur
    Finkevich and Yauhen Afnahel were fined 17,000 rubles ($6) each.
        On March 23, police arrested three prominent human rights
    advocates, Ales Byalyatski, Valyantsin Stephanovich, and Iryna Toustik
    for protesting against two death penalty executions; police also
    arrested independent journalist Syarhey Sys. They charged all but Sys
    with violating mass events regulations. On March 24, a Minsk district
    court fined the three 17,500 rubles ($6) each.
        Authorities took various measures to deter efforts by prodemocracy
    activists to celebrate the March 25 anniversary of the country's
    declaration of independence in 1918, an event the Government does not
    recognize. Authorities rejected democratic activists' applications to
    hold the annual March 25 Freedom Day demonstration and to march
    downtown, as well as one on April 26 commemorating the Chernobyl
    disaster in central Minsk. Instead they gave permission for the group
    to gather at the Academy of Sciences building and demonstrate in a
    secluded park outside central Minsk.
        A few hours before the planned demonstration, security forces
    apprehended Yury Karetnikau, the leader of the NGO Right Alliance, at
    the Minsk railway station. Police detained a group of Right Alliance
    activists for an identification and vehicle check on the road from Lida
    to Minsk. Without a warrant they confiscated 20 unregistered white-red-
    white opposition flags and 500 Belarusian Popular Front emblems from
    opposition youth activist Andrey Krechka in Minsk. In Asipovichy,
    Belarusian Popular Front activist Ihar Simbirau's residence was
    searched, and police questioned four Belarusian Christian Democracy
    members at a railroad station in Babruysk, thus preventing them from
    boarding a train on time. On March 25, in Homyel, security officers
    took the local For Freedom movement activist Pyotr Kuznyatou off the
    Minsk-bound train. Police also hampered the delivery of the sound
    amplifying equipment to the demonstration venue.
        Young Belarus member Anton Rusin was detained prior to the March
    25, demonstration, along with his associate Tsimafey Dranchuk, who was
    taken to the emergency room from the police precinct due to high blood
    pressure. On March 26, a court in Minsk fined Rusin 875,000 rubles
    ($290) on minor hooliganism charges.
        Despite the Government's actions, on March 25, approximately 1,000
    democracy activists demonstrated peacefully at the designated site;
    however, police in full riot gear blocked a group of 500 of the
    participants from marching toward downtown Minsk.
        On April 26, authorities took heightened security measures at the
    site of the peaceful demonstration attended by approximately 1,500
    persons by fencing off the premises in front of the Academy of Sciences
    building and installing metal detectors around the perimeter.
    Alyaksandr Lastouski, the Minsk city police spokesperson, noted that
    similar measures would be taken during any street rallies in which
    participation was expected to exceed 500 persons, in order ``to ensure
    the safety of Belarusian citizens.''
        Officials in Brest denied opposition political groups authorization
    to organize Labor Day marches on May 1, alleging that they could
    disrupt traffic.
        In May, Minsk authorities refused a request from opposition
    politician Ales Mikhalevich and his associates to hold a rally in front
    of the National Museum of the History of the Great Patriotic War to
    protest plans for its demolition.
        On May 7, police briefly detained seven opposition activists,
    including United Civic Party leader Anatol Lyabedzka, for demonstrating
    in Minsk to mark the 11th anniversary of the 1999 disappearance of Yury
    Zakharanka. On the same day a Minsk district court fined the seven from
    350,000 ($115) to 1,050,000 rubles ($350). Also on May 7, in Brest two
    human rights activists were detained for distributing leaflets
    including information on the Zakharanka case.
        On May 12, former political prisoner Alyaksandr Kazulin was given a
    700,000 ruble ($235) fine, and fines of 525,000 rubles ($175) each were
    given to Small Business Council leader Alyaksandr Makayeu and to Malady
    Front activists Mikalay Dzemidzenka and Uladzimir Yaromenka, on charges
    that they used obscene language during a May 6 protest in front of the
    Supreme Court.
        On June 21, Minsk authorities denied the unregistered Russian
    National Bolshevik Party representatives permission to protest in the
    city center against the presidential edict on Internet regulations.
    Earlier, on June 10, 50 activists peacefully gathered at a remote park
    for a sanctioned demonstration against the edict.
        On June 23, riot police dispersed an unauthorized rally against
    Edict no. 60 by Russian National Bolshevik Party activists; police
    detained five activists, who remained in custody overnight. The next
    day Yauhen Kontush, the leader of the group, was fined 875,000 rubles
    ($290), and the four others were fined 175,000 rubles ($60) each.
        On July 12, a Homyel district court turned down an appeal from
    democratic groups challenging a ban on rallies to mark June 1,
    International Children's Day. Authorities refused 34 applications for
    demonstrations related to the occasion.
        On July 15, police arrested approximately 70 activists near the
    national library in Minsk. The young participants planned to stage a
    pillow fight to mark the 600th anniversary of the 1410 Grunewald
    battle. All except former political prisoner and youth leader Andrey
    Kim were released three hours later without charges. Kim was kept in
    custody overnight. The next day a court fined Kim 17,500 rubles ($6)
    for holding an unsanctioned mass event.
        On July 24, police in Mahilyou broke up a protest by Russian
    National Bolshevik Party representatives against the Internet edict.
    Party activist Valyantsin Labachou was detained for an hour and taken
    to a police station for an identification check.
        On July 26, police in Homyel detained at least 10 activists,
    including human rights advocate Anatol Paplauny, who demonstrated to
    mark the 20th anniversary of the adoption of the Declaration of
    Belarus' Sovereignty. Police confiscated their printed materials. In
    separate incidents on the same day, officers briefly detained four
    other democracy activists.
        On July 27, police in Minsk also dispersed opposition activists
    marking the 20th anniversary of the adoption of the Declaration of
    Belarus' Sovereignty and briefly detained several participants.
        On August 16, eight opposition activists were arrested during an
    unsanctioned Solidarity Day rally in Minsk; they were released without
    charges three hours later.
        On July 27, police in Salihorsk detained local Malady Front
    activists Andrey Tychyna and Ryhor Astapenya for attempting to hold a
    commemoration of the adoption of the Declaration of Belarus'
    Sovereignty. On August 24, a court fined them 700,000 ($235) each for
    disobeying police orders.
        In August authorities in Brest, Kamyanets, Malaryta, and Mahilyou
    denied the request of Tell the Truth campaign activists to demonstrate,
    to display placards, and to collect signatures in support of campaign
    leader Uladzimir Nyaklyaeu's nomination to the Fourth All-Belarusian
    People's Assembly.
        On August 5, a district court in Minsk fined opposition activists
    Mikalay Dzemidzenka and Katsyaryna Davydzik 105,000 rubles ($35) each,
    and Vyachaslau Siuchyk and Andrey Kim 350,000 rubles ($115) each for
    participating in an unauthorized demonstration on July 27, the occasion
    of the 20th anniversary of the adoption of the Declaration of Belarus'
    Sovereignty. All were detained overnight and released.
        On August 12, the Minsk city government denied opposition forces
    permission to march and rally on August 16 to mark the monthly
    Solidarity Day and the high-profile disappearances of 1999 and 2000.
    Their application contained errors, according to officials.
        On August 16, police arrested eight opposition activists during an
    unsanctioned demonstration on the Solidarity Day in northern Minsk. All
    were required to write written explanations of their activities at a
    police station and were released three hours later without charge.
        On August 17, authorities in Mahilyou denied activists of the
    unregistered Party of Freedom and Progress permission to hold small
    demonstrations in the city to call for infrastructure improvements to
    roads and hospitals. Activists also planned to collect signatures for a
    petition favoring the construction of two outpatient clinics in remote
    neighborhoods and for road repairs. Mahilyou authorities designated a
    site in front of a deserted building in the city outskirts as a venue
    for demonstrations.
        In Brest authorities turned down applications from democracy
    activists to hold a demonstration in the city center on August 30 to
    mark the International Day of the Disappeared. Instead, they were
    instructed to stage it at a remote stadium which remained the only
    authorized demonstration venue in Brest.
        On September 9, more than 50 opposition youths were briefly
    detained for their attempt to stage another unsanctioned pillow fight
    in central Minsk. Police questioned them and released without charge.
        In September members of the unregistered Belarusian Christian
    Democracy Party and other democracy activists staged a number of
    unauthorized protests against Minsk city authorities' plans to convert
    the former Catholic Bernardine monastery into a hotel and entertainment
    center. Although most of the demonstrations proceeded peacefully, on
    September 16 security forces arrested at least 18 activists on their
    way to the protest, fingerprinted them at a police station, and
    released them without charges hours later. Opposition activist
    Vyachaslau Siuchyk complained that his wife and son were beaten when
    they attempted to enter the precinct. On September 20, Belarusian
    Christian Democracy co-chair Paval Sevyarynets, three Malady Front
    leaders, and two more activists were detained, reportedly battered in a
    police bus, and harassed at a precinct. The next day on their way to a
    protest seven activists, including Belarusian Christian Democracy co-
    chair Vital Rymasheuski, were detained by police for more than two
    hours and then released without charge.
        On September 24, Homyel opposition activists Vasil Palyakou and
    Valer Repnin were fined 1,050,000 rubles ($350) each for illegally
    distributing greeting cards on the occasion of the 20th anniversary of
    the adoption of the Declaration of Belarus' Sovereignty on July 26.
        On October 2, four Malady Front activists were detained for three
    hours for disseminating printed materials about demonstrations at the
    Bernardine monastery. Police threatened the youths with expulsion from
    their universities and dismissal from their jobs if they continued such
    political activities.
        On October 29, police in Minsk prevented a group of democracy
    activists from holding an event inside a grocery store to raise
    awareness about domestic violence, despite an agreement between the
    activists and store management. Minsk authorities denied a number of
    activists' applications to stage a similar event in central Minsk.
        On November 2, Minsk authorities denied opposition youths
    permission to organize a demonstration in favor of renaming the Lenin
    subway station, citing regulations prohibiting mass events within 200
    meters of subway stations. On November 16, police blocked opposition
    activists from marching to the presidential administration building
    from the Kastrychnitskaya Square in downtown Minsk. Although no one was
    arrested, plainclothes security officers recorded the demonstration and
    forced the demonstrators to disperse, threatening them with criminal
    charges for holding an unauthorized protest.
        On November 22, police in Vitsyebsk detained civil society activist
    Yan Dzyarzhautsau and independent media distributor Barys Khamayda for
    holding an unauthorized picket urging a boycott of the presidential
    election. A court fined Dzyarzhautsau 350,000 rubles ($115) and
    sentenced Khamayda to five days in jail on the same day for having
    numerously violated mass events regulations. However, a higher court
    dropped the charges and released Khamayda after he had served a day in
    jail.
        In late November, Homyel city authorities refused an application
    from local human rights advocates Leanid Sudalenka and Anatol Paplauny
    to stage a rally to mark International Human Rights Day on December 10.
    Officials cited many reasons for the denial, including the applicants'
    failure to cover police and ambulance expenses. Authorities also
    claimed that demonstrations were not permitted in central Homyel and
    would only be authorized for locations on the outskirts of the city.
        On the evening of election day, December 19, police forcibly
    dispersed a crowd estimated to number 20,000-30,000 which assembled on
    Kastrychnitskaya Square and marched to the Independence square in Minsk
    to protest vote fraud in the presidential elections. Scores of persons
    were injured, including presidential candidates Uladzimir Nyaklyaeu,
    Andrey Sannikau, and Vital Rymasheuski. Over 700 persons were detained,
    according to independent human rights groups. Authorities appeared
    determined to disrupt the previously planned unauthorized
    demonstrations. Even before the polls closed, police stopped a group of
    protesters led by presidential candidate Nyaklyaeu and a van carrying a
    sound system for the demonstration. While the check was in progress, a
    group of unidentified men in black uniforms believed to be special
    forces jumped out of nearby vehicles and tossed stun grenades at the
    group. Nyaklyaeu was beaten in the attack and authorities seized the
    group's sound equipment. Supporters took Nyaklyaeu to a hospital for
    treatment, but unidentified men believed to be secret service officers
    later abducted him from his hospital bed and roughly handled his wife
    in the process. After more than 24 hours of denial by police and
    security services that Nyaklyaeu had been detained, Lukashenka revealed
    at a press conference in response to a reporter's question that
    Nyaklyaeu was being detained in a KGB detention center.
        At about 10:30 pm, after a small group of individuals, some alleged
    to be provocateurs, broke windows in one of the principal government
    buildings housing the parliament, the Central Election Commission, and
    the council of ministers, riot police charged the main group of
    demonstrators who had not been involved in any window breaking. As they
    cleared the square, police trampled upon or indiscriminately beat
    scores of protesters, journalists, and bystanders with batons and
    fists. In many cases police chased protesters for blocks in order to
    arrest them. Other participants were rounded up in the following days.
    While most of the demonstrators were released after serving
    administrative sentences of 10 to 15 days, authorities on or about
    December 29 charged at least 22 opposition leaders and activists,
    including five presidential candidates with ``organizing and
    participating in mass disturbances,'' offenses that could carry
    penalties of up to 15 years' imprisonment, and investigations of a
    number of other opposition leaders were underway at year's end.
        In the wake of December 19 demonstration, security officers
    continued to harass and jail activists who protested the police actions
    on that night. For example, on December 27 a Minsk court sentenced
    opposition youth activists Mikhail Pashkevich to 15 days in jail; Volha
    Damarad, Mikhail Matskevich, and Ales Kirkevich to 10 days in jail; and
    Dzmitry Shurkhay to five days in jail for demonstrating in front of the
    pretrial detention facility on December 21. Police detained three more
    opposition youth demonstrators on December 29 and held them at pretrial
    detention facilities overnight. On December 30, the three were jailed
    for protesting: Franak Vyachorka and Andrey Krechka were imprisoned for
    12 days and Anton Koipish for 10 days.
        Police also used preemptive arrests and detentions to prevent
    democratic activists' participation in protests. For example, on
    January 11, a court in Navahrudak convicted local Belarusian Christian
    Democracy member Yury Kazak of malicious hooliganism and fined him
    8,750,000 rubles ($2,915). Police detained Kazak and his associate
    Darya Bakhur on November 7, 2009, the 92nd anniversary of the October
    Russian Revolution, which was observed as a holiday, after a bust of
    Lenin in the city center was splashed with green paint. Bakhur was
    released without charge.
        On December 9, a court in Krupki convicted prominent artist Ales
    Pushkin of using foul language and resisting police officers, and
    sentenced him to 13 days in jail. Police had arrested Pushkin at his
    home the previous day.
        On December 17, police arrested Nyaklyaeu campaigner Kiryl
    Semyanchuk in Hrodna. The next day, Semyanchuk was sentenced to six
    days in jail. Aleh Kalyankou was sentenced to three days in jail on
    December 19. Both men were charged with participating in an
    unauthorized rally against early voting held in Hrodna in December.
        On December 18, a court in Homyel jailed Rymasheuski's aide Yury
    Klimovich for 15 days for allegedly using obscenities in public.

        Freedom of Association.--The law provides for freedom of
    association; however, the Government severely restricted it in
    practice.
        The Government enforced laws and registration regulations to
    restrict the operation of independent associations that might be
    critical of the Government. All NGOs, political parties, and trade
    unions must register with the Ministry of Justice. A government
    commission reviews and approves all registration applications; in
    practice its decisions were based largely on political and ideological
    compatibility with the Government's authoritarian philosophy.
        Registration procedures required applicants to provide the number
    and names of founders, along with a physical address in a
    nonresidential building, an extraordinary burden. Individuals listed as
    members are vulnerable to retribution. The Government's refusal to rent
    office space to unregistered organizations and the expense of renting
    private space forced most organizations to violate the nonresidential
    address requirement. This allowed authorities to deregister existing
    organizations and deny their reregistration.
        During the year the Government denied registration to numerous NGOs
    and political parties on a variety of pretexts, including ``technical''
    problems with applications. Authorities frequently harassed and
    intimidated individuals who identified themselves as founding members
    of organizations in an effort to induce them to abandon their
    membership and thus deprive groups of the number of petitioners
    necessary for registration. Many of the rejected groups had previously
    sought and been denied registration on multiple occasions. The
    Government continued deregistering groups during the year.
        On February 18, the Supreme Court turned down an appeal challenging
    the regional justice department's refusal to register the human rights
    NGO Berastseiskaya Vyasna in the Brest region. Authorities cited the
    organization's failure to submit a copy of the registration fee receipt
    as a reason for the refusal. On August 20, the department turned down
    the NGO's tenth registration request saying that one of the addresses
    on the form was inaccurate. On November 16, the Supreme Court dismissed
    Berastseiskaya Vyasna's appeal.
        In July 2009 the Supreme Court upheld the Ministry of Justice's
    April denial of registration of the Belarusian Christian Democracy
    Party, citing technical flaws in the party's registration documents.
    The party again attempted to register in December 2009, and the Justice
    Ministry once again denied registration on the grounds that the party
    had allegedly provided false information about its founders. On
    February 18, the Supreme Court upheld the Justice Ministry's denial.
    The party's cochairs Paval Sevyarynets, Vital Rymasheuski, and Dzyanis
    Sadouski were banned from the courtroom when the judge announced the
    verdict, although foreign diplomats and journalists were allowed to
    observe. On October 25, the Justice Ministry denied the party's third
    registration attempt, claiming other technical problems with the
    application. Sevyarynets called the refusal ``politically motivated''
    and said authorities continued to exert pressure on members to disavow
    their affiliation with the party.
        On May 5, the Supreme Court turned down an appeal from the Assembly
    of Democratic NGOs to challenge the ministry's third registration
    refusal. Despite the court's recognition of some of the Assembly's
    arguments as valid, the judge ruled against the appeal.
        On May 26, the Supreme Court dismissed an appeal filed by the local
    office of the Kyiv-based International Helsinki Association for Human
    Rights to challenge a Justice Ministry's registration denial.
        On May 28, the Supreme Court rejected a complaint from the Malady
    Front challenging its sixth registration denial. The justice ministry
    refused the application citing lack of a proper legal address and
    numerous administrative and criminal convictions of its members.
        On October 15, the Minsk Economic Court terminated registration of
    the Right Alliance NGO based on authorities' allegations that the NGO
    was carrying out illegal political activities.
        On November 10, authorities deregistered the Movement Forward NGO,
    which had supported the Tell the Truth campaign. The Minsk Economic
    Court ruled that the NGO's lease was invalid and that the NGO
    subsequently did not secure a legal address for official registration.
        On November 18, a prosecutor in Hrodna issued a warning to Malady
    Front deputy chair Ales Kirkevich that he could be held criminally
    liable for acting on behalf on an unregistered organization.
        In August 2009 the Supreme Court rejected a registration denial
    appeal by prominent human rights NGO Vyasna. This was the third denial
    since the Government stripped Vyasna of its registration in 2003. The
    Justice Ministry stated that the NGO failed to document the precise
    meaning behind its name and asserted that many of its founders had
    administrative or criminal records that made them inappropriate
    advocates for human rights work. During the year Vyasna remained active
    but did not attempt to register.
        During the year the Ministry of Justice indicated that it continued
    to issue written warnings to NGOs, political parties, and trade unions.
    Harassment in the form of inspections by security officials and
    confiscation of political literature continued.

        c. Freedom of Religion.--For a complete description of religious
    freedom, see the 2010 International Religious Freedom Report at
    www.state.gov/g/drl/irf/rpt.

        d. Freedom of Movement, Internally Displaced Persons, Protection of
    Refugees, and Stateless Persons.--The law provides for freedom of
    movement, including the right to emigrate. However, the Government at
    times restricted the right of its citizens to foreign travel. The
    Government cooperated with the Office of the UN High Commissioner for
    Refugees (UNHCR) and other humanitarian organizations in providing
    protection and assistance to internally displaced persons, refugees,
    returning refugees, asylum seekers, stateless persons, and persons of
    concern.
        The Government maintained a database of persons who were banned
    from traveling abroad. According to the Ministry of Internal Affairs,
    the list contained the names of at least 120,000 persons who were
    prohibited from foreign travel, including those who possessed state
    secrets, were facing criminal prosecution or civil suits, or had
    outstanding financial commitments. Opposition politicians and civil
    society activists criticized the database, saying it restricted freedom
    of travel. Some persons were informed by letter that their names were
    in the database; others were informed at border crossings. In some
    cases opposition activists were either turned away at the border or
    detained for lengthy searches. For example, on November 2 in Homyel,
    border guards conducted two separate searches of four Tell the Truth
    campaign activists from Mahilyou returning to the country on a train
    from Kyiv. On November 4, officers detained and searched for two hours
    Hrodna activists Uladzimir Khilmanovich and Viktar Sazonau after they
    arrived by train from Poland.
        Under a presidential decree, any student who wishes to study abroad
    must obtain permission from the minister of education. The decree,
    ostensibly intended to counter trafficking in persons, also requires
    the Ministry of Interior to track citizens working abroad and obliges
    travel agencies to report individuals who do not return from abroad as
    scheduled.
        The law also requires persons who travel to areas within 15 miles
    of the border to obtain an entrance pass.
        The law does not allow forced exile, but sources assert that
    security forces threatened opposition leaders with bodily harm or
    prosecution if they did not leave the country. The law allows internal
    exile, known as khimiya, for persons convicted of crimes, and
    authorities employed it during the year.
        Many university students who had been expelled or were under threat
    of expulsion for their political activities opted for self-imposed
    exile. Since 2006 more than 500 students left the country to continue
    their studies at foreign universities, and at least 44 students were
    still enrolled in programs in Poland at the end of the year.
        Internal passports, a form of national identity card, were required
    for permanent housing, work, and hotel registration. Police continued
    to harass individuals who lived at a location other than the legal
    place of residence indicated in their internal passports.

        Protection of Refugees.--The law provides for the granting of
    asylum or refugee status, and the Government has established a system
    for providing protection to refugees. In practice the Government
    provided protection against expulsion or return of refugees to
    countries where their lives or freedom would be threatened on account
    of their race, religion, nationality, membership in a particular social
    group, or political opinion.
        While all foreigners have the right to apply for asylum, no Russian
    nationals received either refugee status or complementary protection in
    the country. Immigration authorities and courts asserted that under the
    terms of treaties on the union between Belarus and Russia and as a
    result of the equal rights of citizens in each country, Russians can
    legally settle and obtain residence permits in the country based on
    their Russian citizenship and therefore do not need asylum.
    Nevertheless, immigration authorities did accept 14 asylum applications
    from Russian citizens during the year.
        Asylum seekers have freedom of movement within the country but must
    reside in the region where they filed their applications for refugee
    status and in a place known to the authorities. Authorities reportedly
    often required asylum seekers to settle in rural areas. Change of
    residence was possible only with notification to authorities.
    Authorities issue registered asylum seekers certificates that serve as
    identification documents and protect them from expulsion. In accordance
    with the law, they must also register with local authorities to obtain
    internal passports.

        Stateless Persons.--The UNHCR listed 7,731 stateless persons at
    year's end, down from a total of 7,799 persons in January.
        Citizenship is derived either by birth within the country's
    territory or from one's parents; if one parent is a citizen, the child
    is a citizen regardless of place of birth.
        Arbitrary detention of, and violence against, stateless persons
    generally were not problems. However, stateless persons faced
    discrimination in employment because authorities often required them to
    settle in rural areas and prohibited them from seeking jobs outside of
    the regions where they lived. In practice stateless persons could not
    change their region of residence.
    Section 3. Respect for Political Rights: The Right of Citizens to
            Change Their Government
        The law provides the right for citizens to change their government
    peacefully; however, the Government denied citizens this right in
    practice.
        Since his election in 1994 to a five-year term as the country's
    first president, Lukashenka steadily consolidated power in the
    executive branch to dominate all branches of government, effectively
    ending any separation of power among the branches of government. Flawed
    referenda in 1996 and 2004 amended the constitution to broaden his
    powers, extend his term in office, and remove presidential term limits.
    Subsequent presidential elections, including the one held on December
    19, continued to deny citizens the right to express their will to
    choose between opposing candidates in an honest and transparent process
    with fair access to media and resources. The September 2008
    parliamentary elections fell significantly short of international
    standards for democratic elections, according to the final report by
    the OSCE Office for Democratic Institutions and Human Rights (ODIHR)
    observation mission. Despite the president's stated intent to conduct a
    free and fair election, authorities impeded constitutional rights of
    expression, association, and assembly. All of the 110 candidates
    declared winners were supporters of Lukashenka's policies.

        Elections and Political Participation.--The December 19
    presidential election was marred by numerous violations of procedures
    and an absence of transparency and accountability that led the OSCE/
    ODIHR mission observation to report that the country still had ``a
    considerable way to go in meeting its international commitments.''
    OSCE/ODIHR observers assessed the vote count as ``bad or very bad in
    almost half of all observed polling stations,'' with clear instances of
    ballot stuffing and tampering. Although opposition candidates enjoyed
    somewhat greater freedom to enter the race and promote their
    candidacies than in some earlier elections, preelection campaigning
    remained extremely limited, and government harassment of independent
    newspapers, opposition political parties, and independent NGOs
    throughout the year limited the opposition's ability to mount effective
    campaigns (see sections 1.f, 2.a, and 4). According to the OSCE/ODIHR
    mission, broadcasters nationwide devoted 90 percent of their political
    coverage to the incumbent president. What coverage there was of
    opposition candidates was overwhelmingly negative. Despite a nominal
    increase in opposition representation, authorities continued to exclude
    opposition representatives from election commissions at all levels. The
    Central Election Commission had four opposition members in advisory,
    nonvoting roles. Local polling places were administered almost
    exclusively by electoral commissions made up of Lukashenka supporters,
    sometimes masquerading as progovernment NGOs or pro-Lukashenka
    political parties, or employees of state-owned enterprises and public
    sector. The majority of observers at local polling place appeared to be
    similarly supportive of the regime, and many of them received
    instructions in advance to report that the proceedings were ``in
    order.''
        However, the most serious violations took place after the polls
    closed, when, as the OSCE mission observed, the situation
    ``deteriorated significantly.'' In many precincts ballots from early
    voting and those cast using mobile ballot boxes, which could not be
    monitored effectively by independent observers, were mixed together
    with those cast at the precinct on election day, a violation of the
    country's election law. In many instances international observers
    reported that counting was conducted silently and at a sufficient
    distance as to make evaluation of the count impossible. There were a
    number of reports that vote totals changed as the ballot boxes were
    transported between local precincts and the territorial election
    commission offices. No genuinely independent organizations were
    permitted to conduct exit polls, but in the opinion of the independent
    NGO For Fair Elections, which monitored 250 polling stations across the
    country, the president failed to gain the 50 percent of the vote
    necessary to avoid a runoff. The official results gave him 79.65
    percent of the vote against nine other candidates. The head of the
    OSCE/ ODIHR mission observed the next day that ``a positive assessment
    of this election isn't possible.''
        There were instances in which state-owned printing houses refused
    to produce opposition leaflets. Supporters of opposition candidates
    also reported harassment by authorities, including seizure of campaign
    materials. Government-controlled print media, including the newspapers
    Respublika and Narodnaya Gazeta, required some opposition candidates to
    censor their election platforms prior to publication to remove
    criticism of the incumbent and calls for demonstrations on the night of
    December 19. Political parties continued to receive formal ``warnings''
    for minor offenses under a law that allows authorities to suspend
    parties for six months after one warning and close them after two. The
    law also prohibits political parties from receiving support from abroad
    and requires all political groups and coalitions to register with the
    Ministry of Justice.
        Authorities continued to harass the unrecognized Union of Poles and
    its members (see section 6).
        During the year there were multiple cases of youth members of
    political opposition groups forcibly conscripted into the military.
    There were also reports of discrimination and harassment against them
    while in military service (see section 1.f.).
        There were 35 women in the 110-member Chamber of Representatives
    and 19 women in the 64-member Council of the Republic. A woman chaired
    one of the Chamber of Representative's 20 committees and there was one
    woman in the 40-member Council of Ministers.
        No high level members of government or the National Assembly openly
    identified themselves as members of a minority, although several were
    ethnic Poles or members of other ethnic groups.
    Section 4. Official Corruption and Government Transparency
        The law provides criminal penalties for official corruption;
    however, reports indicated officials continued to engage in corrupt
    practices. The World Bank's worldwide governance indicators reflected
    that corruption was a serious problem in the country. According to
    Prosecutor General Ryhor Vasilevich, the majority of the corruption
    cases involved accepting and soliciting bribes, fraud, and abuse of
    power.
        On June 2, Deputy Prosecutor General Viktar Konan asserted that
    public sector employees should tour prisons as a part of national
    anticorruption campaign. Soon after, representatives of various
    ministries reportedly visited a detention center in Minsk. Konan
    criticized the council of ministers and regional executive authorities
    for failing to tackle corruption effectively and stated that the
    ministries of economy and finance were responsible for one-third of all
    corruption crimes.
        The lack of transparency between the president's personal funds and
    official government accounts and a heavy reliance on off-budget
    revenues suggested corruption within the executive branch.
        Petty corruption among police was widespread. According to the
    interior ministry, 140 corruption-related criminal cases were opened
    against police officers during the year. Military Prosecutor Alyaksandr
    Dranitsa said on June 27 that the number of crimes committed by staff
    of the armed forces was on decline. Corruption offenses accounted for
    15 percent of all crimes by military personnel, according to Dranitsa.
    He acknowledged that hazing remained the most widespread crime
    registered in the military.
        A 2008 anticorruption law expanded the list of professions
    described as vulnerable to corruption, designated the prosecutor
    general's office as the coordinator of anticorruption efforts, and
    prohibited government officials from having foreign bank accounts or
    engaging in nepotism. In April 2009 the president signed a decree
    extending the authority to investigate corruption cases beyond
    prosecutors to include also the interior ministry and the KGB.
        The prosecutor general reported that during the year authorities
    registered 3,637 corruption crimes, up 8.1 percent from the previous
    year. Bribery accounted for 36.4 percent of cases, fraud for 28.8
    percent, and embezzlement through abuse of office for 23.7 percent.
    Vasilevich claimed that corruption offenses often stemmed from the
    Government's failing to take proper measures to prevent and combat
    corruption.
        There were numerous corruption prosecutions during the year;
    however, prosecutions remained selective and were in some cases
    politically motivated.
        On February 10, a court in Baranavichy sentenced a former local
    financial police chief to five years in prison for facilitating illegal
    business activities and tax evasion.
        On March 25, the Military Court convicted Yauhen Kamarnitski, a
    former deputy head of the State Border Committee, of accepting large
    bribes and sentenced him to five years of house arrest on account of
    his poor health. His accomplice in the case, Alyaksandr Aparovich, a
    former deputy chief of the Smarhon border unit, was sentenced to four
    years in prison.
        On May 7, the Supreme Court sentenced former Minsk regional
    prosecutor Mikhail Snyahir to seven years in prison following closed-
    door court proceedings. Snyahir was charged with abuse of authority,
    accepting bribes, and illegal possession of arms.
        On June 22, the Minsk regional court sentenced Mikhail Tsyhan, a
    former head of a Minsk district, to eight years in prison. He was
    convicted of bribery, abuse of authority, embezzlement, and illegal
    activities involving ammunition.
        On August 12, a court sentenced Arkadz Karputs, a former
    chairperson of the Hrodna regional council and a member of the upper
    chamber of the parliament, to two years in jail on a bribery charge.
    Karputs reportedly pleaded guilty.
        On October 25, prosecutors extended rigid house arrest for
    Svyatlana Baykova, a former senior investigator with the prosecutor
    general's office. The KGB arrested Baykova on February 25 and charged
    her with abuse of office and illegally dropping criminal charges
    against some suspects in a high-profile smuggling case which involved
    Hramovich. Baykova wrote a letter to the president seeking her release
    and pledging to assist him in combating corruption.
        On November 3, the Military Court sentenced the chief of the
    district military recruitment office in Barysau, Dzmitry Pshanko, to
    four years in prison and property forfeiture for bribery, fraud, and
    power abuse. Pshanko was arrested in December 2009 when he was
    accepting a $450 bribe from a young man for deferring his compulsory
    military service on medical grounds. The case featured at least four
    additional instances of bribery.
        On November 9, the Hrodna regional prosecutor's office told the
    press that Henadz Khatsko, the former chief of the Hrodna regional
    police department, could avoid criminal charge if he reimbursed the
    Government 11 million rubles ($3,700). Khatsko, who had fled the
    country, returned and voluntarily appeared before the police on
    November 5. He was charged with abuse of office and bribery, and
    released on his own recognizance. The case was pending at year's end.
        On December 24, the Defense Ministry announced that Commander-in-
    Chief of the Air and Air Defense Forces Ihar Azaronak was arrested and
    charged on December 30 with abuse of office and accepting large bribes.
    He remained in custody at year's end.
        In January 2009 the prosecutor general announced the arrest of the
    former chief of the Financial Investigations Department of the State
    Control Committee, Anatol Hramovich, for abuse of power, bribery, and
    customs duty evasion. On May 21, the Belarus Military Court commenced
    hearings against Hramovich behind closed doors. There were no reports
    of further developments in his case before year's end.
        In March 2009 the KGB opened a major corruption case against a
    number of senior-level interior ministry personnel in Homyel region.
    Authorities reportedly arrested and charged the officials with bribery
    and other corruption-related offenses. On February 17, the Supreme
    Court sentenced three police officials to between three and four years
    in jail. An additional defendant was convicted, but was found eligible
    for amnesty and released.
        The law, government policies, and a presidential decree severely
    restricted public access to government information. Citizens had some
    access to certain categories of information on government databases and
    Web sites; however, much of the information was neither up-to-date nor
    complete.
    Section 5. Governmental Attitude Regarding International and
            Nongovernmental Investigation of Alleged Violations of Human
            Rights
        There were a number of active domestic human rights NGOs; however,
    authorities were often hostile to their efforts, did not cooperate with
    them, and were not responsive to their views. Three prominent human
    rights NGOs, the Belarusian Helsinki Committee, the Center for Human
    Rights, and the Center for Legal Transformations, remained registered.
    A variety of unregistered NGOs, including Vyasna, Charter 97, the
    Committee for the Protection of the Repressed ``Solidarity,'' the Human
    Rights Alliance, Legal Assistance to the Population, and For Religious
    Freedom, continued to operate in spite of systematic harassment from
    authorities.
        Following the flawed December presidential election, authorities
    raided the offices of some NGOs, seizing computers and other equipment.
    The president announced that the Minsk office of the OSCE would be
    closed, and authorities refused to extend the mandate of the OSCE Minsk
    Office past December 31 despite a clear desire by the OSCE to continue
    its work in the country.
        Authorities harassed both registered and unregistered NGOs,
    subjected them to frequent inspections and threats of deregistration,
    and monitored their correspondence and telephone conversations.
    Authorities harassed family members of NGO leaders and civil society
    activists (see section 1.f.). The Government ignored reports issued by
    human rights NGOs and rarely met with them. State-run media did not
    report on human rights NGOs and their actions; independent media that
    reported on human rights issues were subject to closure and harassment.
        The Government refused to register numerous NGOs and continued to
    harass them under articles 193 and 193.1 of the criminal code, which
    criminalizes organizing or participating in any activity by an
    unregistered organization. The law also prohibits persons from acting
    on behalf of unregistered NGOs. Between 2006 and 2009 courts convicted
    17 persons of crimes under article 193.1. Several domestic and
    international human rights groups, including Amnesty International,
    continued to urge the Government to abolish article 193.1 and to remove
    other legal obstacles that hindered the work of NGOs and allowed
    official harassment of civil society and youth activists.
        Authorities can close an NGO after issuing only one warning that it
    violated the law. The most common pretexts that prompted a warning or
    closure were failure to obtain a legal address and technical
    discrepancies in application documents. The law allows authorities to
    close an NGO for accepting illegal forms of foreign assistance and
    permits the Ministry of Justice to participate in any NGO activity and
    to review all NGO documents. NGOs also must submit detailed reports
    annually to the ministry about their activities, office locations,
    officers, and total numbers of members.
        In 2008 a presidential order took effect that increased rent
    tenfold for most NGOs. Prior to the order NGOs paid one euro ($1.34)
    per square foot of office space, compared with 10 euro ($13.40) charged
    to commercial groups. While some groups, including youth sports groups,
    charity organizations, and children's arts centers, continued to pay
    the one euro rate, other NGOs, such as the Belarusian Voluntary Society
    for Historic and Cultural Heritage Protection, were required to pay the
    higher rate. Many NGOs stated the higher rent would likely force them
    to close. On February 8, a senior state property committee member
    stated that to be eligible for discounted rent rates, an NGO should
    ``actively support the Government's policies.''
        During the year the BHC continued to experience problems with
    authorities. In 2008 the Supreme Court allowed the Ministry of Justice
    to withdraw a petition to suspend the BHC's activities. However, the
    NGO's bank accounts remained blocked, and alleged tax arrears were
    unresolved. The case originated in 2005, when authorities seized BHC
    office equipment as partial payment of 191.5 million rubles
    (approximately $63,800) in alleged tax arrears and fines for back taxes
    on international donor funds dating from 2000-02. In October 2009 the
    financial intelligence services requested income statements and other
    information from BHC members. During the year BHC's accounts remained
    blocked.
        The KGB continued to harass NGO and political party members and
    activists by planting defamatory articles or information about them in
    the media. For example, in late December all state television channels
    aired a documentary implicating opposition presidential candidates,
    European security services, and opposition forces in masterminding a
    coup d'etat. The 45-minute film featured wiretapped mobile phones
    conversations, KGB footage of searches and video of the December 19
    demonstration dispersal. It also included alleged financial reports by
    the candidates to purported foreign sponsors of the opposition. In
    other printed and broadcast media reports and exposes during the year,
    state media portrayed the opposition as weak and debilitated,
    downplayed their activities, and alleged that they operated through
    foreign grants and sponsorship in order to promote their personal
    interests.
        Authorities were reluctant to engage on human rights problems with
    international NGOs, whose representatives often had difficulty gaining
    admission to the country. For example, in December authorities denied a
    visa to Martin Uggla, the head of the Ostguppen Swedish Initiative for
    Democracy and Human Rights. Uggla last traveled to the country in 2006
    and has since been denied visas on four occasions.
        Authorities routinely ignored NGOs' recommendations on how to
    improve the human rights situation in the country and their requests to
    stop harassing the NGO community.
        On December 31, according to press reports, a foreign ministry
    spokesman announced that there were ``no objective reasons'' for
    extending the mandate of the OSCE office in Minsk. The office had been
    operating in the country since 2003 with a mandate to assist the
    country in the area of rule of law and with economic and environmental
    matters. (An earlier office with a broader, mandate was terminated in
    2001.) The Government claimed that the OSCE mandate ``has been
    fulfilled'' and pointed to the earlier closure of OSCE missions in
    neighboring countries.
    Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
        The law prohibits discrimination based on race, gender, disability,
    language, or social status. In practice the Government did not always
    enforce these prohibitions. Problems included violence against women
    and children; trafficking in persons; and discrimination against
    persons with disabilities, Roma, ethnic minorities, and members of the
    lesbian, gay, bisexual and transgender (LGBT) community.

        Women.--The law criminalizes rape in general but does not include
    separate provisions on marital rape. Rape was a problem. However, most
    women did not report it due to shame or fear that police would blame
    the victim. Although no statistics on rape were available, the interior
    ministry stated that the number of registered cases of rape decreased
    35 percent during the year.
        Domestic violence, including spousal abuse against women, was a
    significant problem. A 2006 Amnesty International report concluded that
    measures taken by authorities to protect women against domestic
    violence were insufficient. The criminal code does not contain a
    separate article dealing with domestic violence. According to a study
    released by BSU's Center for Sociological and Political Research on
    March 2, four out of five women between ages 18 and 60 claimed that
    they were subjected to psychological violence in their families. One in
    four women suffered from physical violence, and 13 percent of women
    reported that their partners sexually abused them. Women remained
    reluctant to report domestic violence due to fear of reprisal and
    social stigma. According to the study, only 6 percent of male and 46
    percent of female victims of domestic violence sought professional
    assistance. NGOs operated crisis shelters, primarily in Minsk, but they
    were poorly funded and received only limited support from the
    Government.
        The prosecutor general announced that the number of domestic crimes
    increased by 4.4 percent to 3,111 during the year.
        Sexual harassment reportedly was widespread, but no specific laws,
    other than those against physical assault, address the problem.
        Couples and individuals had the right to decide the number,
    spacing, and timing of children, and had the information and means to
    do so free from discrimination. Access to information on contraception
    and skilled attendance at delivery and in postpartum care were widely
    available. Women and men had equal access to diagnostic services and
    treatment for sexually transmitted infections. According to data
    published jointly by the World Health Organization, the UN Children's
    Fund, the UN Population Fund, and the World Bank, the country's
    maternal mortality ratio was 15 maternal deaths per 100,000 live births
    in 2008.
        The law provides for equal treatment of women with regard to
    property ownership and inheritance, family law, and the judicial
    system, and it was generally respected in practice. The law also
    requires equal wages for equal work, although this provision was not
    always enforced. On December 2, Deputy Minister of Labor and Social
    Security Ihar Staravoytau said that women's wages were 20 percent less
    than those of men's despite higher education levels. Employment of
    women in the private sector remained limited. Staravoytau also noted
    that it took one month on average for men to find new employment and
    more than two months for women. Women also accounted for two-thirds of
    all officially unemployed persons seeking a job for more than a year.
    The Labor and Social Security Ministry is responsible for ensuring
    gender equality, although it cannot issue binding instructions to other
    government agencies. There were very few women in the upper ranks of
    management or government, and most women were concentrated in the
    lower-paid public sector. Women's groups also voiced concerns about the
    feminization of poverty, particularly among women with more than two
    children, female-headed households, women taking care of family members
    with disabilities or older family members, and rural and older women.
        The National Statistics Committee reported that as of June 1, 52
    percent of the unemployed were women compared to 55.1 percent in June
    2009. The law grants women the right to three years of maternity leave
    with assurance of job availability upon return. However, employers
    often circumvented employment protections by using short-term
    contracts, then refusing to renew a woman's contract when she became
    pregnant. During an inspection of 29 enterprises in the Vitsyebsk
    region in 2009, the local prosecutor's office found that employed women
    who were taking care of minor children were at times forced to travel
    on business and to work overnight and overtime without their prior
    consent and in violation of laws. A number of women worked in extreme
    and hazardous conditions.

        Children.--Citizenship is derived either by birth within the
    country's territory or from one's parents. A child of a citizen is a
    citizen regardless of place of birth, even if one of the parents is not
    a citizen.
        In contrast with previous years, there were fewer reports that
    Romani children were subject to harassment from non-Romani children and
    teachers. The majority of Romani youth did not finish secondary school
    and failed to enroll university programs. There were no special school
    programs for Roma, although there were such programs for Jews, ethnic
    Lithuanians, and Poles.
        The juvenile affairs commission reported that between January and
    October, 32 children were raped, 34 were victims of other forms of
    sexual abuse, and 15 were subjected to molestation. Seven underage
    girls were involved in prostitution-related crimes, four other girls
    were engaged in prostitution, and nine children were involved in
    distribution of pornography. During the same period a total of 8,590
    crimes were committed against children, up from 6,128 during 2009. Of
    this total, 6,244 children were parties in cases against their parents
    for refusing to compensate the Government for maintenance of their
    children removed from their households and placed in institutional
    care. Between January and October, 70 children were reportedly killed
    and 80 were injured. Mothers killed six newborn babies, and six
    children committed suicide in the same period.
        According to data from the interior ministry, 26 minors became
    victims of trafficking for sexual exploitation. Ten minors were engaged
    in child pornography as of year's end. The law provides penalties of up
    to 13 years in jail for production or distribution of pornographic
    materials depicting a minor. Child prostitution was a problem, and
    children, along with men and women, were forced into begging and forced
    labor (see section 7.c.). There were also reports of child trafficking.
        Rape or sexual assault of a person known to be a minor is
    punishable by up to 15 years in jail. Sexual acts between a person
    older than 18 years of age and a person known to be younger than age 16
    carry penalties of up to five years in jail.
        There were some reports of child marriage within the Romani
    community, where girls as young as age 14 and boys as young as age 16
    frequently were married with parental consent.
        The country was not a party to the 1980 Hague Convention on the
    Civil Aspects of International Child Abduction.

        Anti-Semitism.--Jewish groups estimated that between 30,000 and
    40,000 persons identified themselves as Jews. Most were not active
    religiously.
        During the year anti-Semitic incidents continued but were on
    decline, and authorities sporadically investigated reports of such
    acts. Religious sites were vandalized. The Government did not promote
    antibias and tolerance education.
        On May 9, during Victory Day celebrations, vandals set fire to
    wreaths and flowers laid at the memorial to Holocaust victims in Brest.
    The memorial had been vandalized on numerous occasions since it was
    erected in 1992, including in each year since 2008. Previous
    investigations failed to uncover the perpetrators.
        On October 8, independent media reported that neo-Nazi graffiti
    appeared on industrial buildings in Pinsk and local authorities took no
    steps either to remove the slogans or to identify the vandals.
        On December 22, Jewish community leader Yakau Basin submitted an
    appeal to prosecutors seeking to open an investigation into vandalism
    and the promotion of Nazism. Basin reported that swastikas and neo-Nazi
    graffiti appeared near the door to his apartment and said that the act
    of vandalism was ``a direct threat'' to him.
        Jewish community and civil society activists continued to express
    concern over the concept of a ``greater Slavic union'' that was popular
    among nationalist organizations, including the neo-Nazi group RNU,
    which remained active despite its official dissolution in 2000. Neo-
    Nazis were widely believed to be behind these and numerous other
    incidents across the country. Anti-Semitic and Russian ultranationalist
    newspapers and literature, DVDs, and videotapes imported from Russia
    continued to be sold.

        Trafficking in Persons.--For information on trafficking in persons,
    please see the Department of State's annual Trafficking in Persons
    Report at www.state.gov/g/tip.

        Persons With Disabilities.--The law does not specifically prohibit
    discrimination against persons with physical, sensory, intellectual, or
    mental disabilities in employment, education, access to health care,
    and other government services, and such discrimination was common in
    practice.
        The Ministry of Labor and Social Security is the main government
    agency responsible for protecting the rights of persons with
    disabilities. The law mandates that transport, residences, and
    businesses be accessible to persons with disabilities. However, in
    practice few public areas were wheelchair accessible. The National
    Association of Disabled Wheelchair Users estimated that more than 75
    percent of persons with disabilities were unable to leave their own
    homes without assistance.
        Authorities provided minimal, reportedly ineffectual, benefits for
    persons with disabilities. For example, persons with disabilities who
    lived alone were entitled to a 50-percent discount on rent and
    utilities. Since few residences were accessible, persons with
    disabilities had to live with friends or family and thus were
    ineligible for the discount. Public transportation was free to persons
    with disabilities, but neither the subway in Minsk nor the bus system
    was wheelchair accessible. A government prohibition against workdays
    longer than seven hours for persons with disabilities reportedly made
    companies reluctant to hire them.
        On March 24, a court in Hrodna upheld a suit filed by wheelchair
    user Syarhey Feshchanka against local traffic police seeking 7 million
    rubles ($2,330) in damages. The court ordered police to pay Feshchanka
    1.3 million rubles ($430). In August 2009 Feshchanka fell down the
    stairs of the traffic police building and was injured. The building
    contained no ramp. Police reportedly took no steps to install a ramp
    and suggested wheelchair users either call officers from their homes or
    use a stationary phone on the first floor of the building to contact an
    officer. According to local authorities in Hrodna, no secondary schools
    and few grocery stores were accessible for wheelchair users.

        National/Racial/Ethnic Minorities.--Governmental and societal
    discrimination against the ethnic Polish population and Roma persisted.
    There were also expressions of societal hostility toward proponents of
    Belarusian national culture.
        During the year authorities continued to harass the independent and
    unregistered Union of Poles of Belarus (UPB) and its former head,
    Anzhelika Borys. The UPB split from the Government-controlled Union of
    Belarusian Poles in 2005. As part of an effort to keep the UPB members
    from attending a January 21 meeting in Ivyanets, police detained
    approximately 46 members for several hours. All were released with no
    charges after a Polish diplomat intervened on their behalf.
        In late January in Ivyanets, authorities engineered the replacement
    of the longtime head of the local Polish House, Teresa Sobal, with a
    progovernment candidate. In December 2009 police had initiated a
    criminal case against Sobal over alleged misappropriation of funds in
    2004.
        On February 5, a court in Hrodna fined Borys and her organization
    Polonika, the principal source of financial support for the UPB, 4.2
    million and 72 million rubles ($1,400 and $24,000) for alleged tax law
    infringements. On October 11, the Hrodna Regional Economic court
    dropped financial claims against Polonika. The newly elected UPB chair,
    Anzhelika Orechwo, said she was unaware of the reasons behind the move
    but noted that authorities could resume prosecution at any moment.
        In a separate incident on February 5, Borys' car was vandalized in
    Hrodna. Borys was fined 1,050,000 rubles ($350) on February 15 for
    participating in an unsanctioned demonstration in Hrodna on February 10
    in support of Sobal. Borys' three senior associates received five-day
    jail sentences for participating in the demonstration. On April 6,
    Hrodna court officers searched Borys' apartment to inventory her
    property so that it could be seized to cover her fines.
        On February 8, police raided and seized the Polish House, citing
    ``illegal property possession.'' Seizure of the Ivyanets facility left
    only two of the original 16 UPB-run Polish Houses remaining in the
    country, one in Barysau and one in Baranavichy. On February 17, a court
    issued final eviction orders for the UPB to vacate the premises.
        The Minsk regional court turned down an appeal on March 11 from
    Polonika asking for the return of the Polish House in Ivyanets and
    reinstatement of its ousted manager, Sobal. Although the
    misappropriation case against Sobal was suspended in February, police
    searched her home on June 28. On August 3, police notified Sobal that
    the investigation against her was being reinstated, and that she was
    banned from traveling abroad. That investigation was ongoing at year's
    end.
        Official and societal discrimination continued against the
    country's 10,000 to 20,000 Roma. The Romani community continued to
    experience high unemployment and low levels of education. In 2005
    authorities estimated the unemployment rate among Roma at 80 percent.
    Roma often were denied access to higher education in state-run
    universities. In December 2009, however, the office of the
    plenipotentiary representative for religious and nationality affairs
    stated that the country's Romani community had no problems that would
    require the Government's attention.
        The Russian and Belarusian languages have equal legal status;
    however, in practice Russian was the primary language used by the
    Government. In 2007 the Constitutional Court's chief justice
    acknowledged that discrimination against the Belarusian language was
    ``not rare'' but maintained that such discrimination was usually
    corrected.
        Because the Government viewed proponents of the Belarusian language
    as political opponents of the regime, authorities continued to harass
    and intimidate academic and cultural groups seeking to promote use of
    the Belarusian language. Proposals to widen use of the language were
    routinely rejected.

        Societal Abuses, Discrimination, and Acts of Violence Based on
    Sexual Orientation and Gender Identity.--Homosexuality is not illegal,
    but discrimination against members of the LGBT community was
    widespread, and harassment occurred.
        In early May authorities denied the LGBT community permission to
    hold a pride parade in downtown Minsk on May 15, the International Day
    against Homophobia and Transphobia. Authorities claimed that the parade
    would disrupt traffic. According parliament member Nina Mazay, the most
    effective way to ensure the safety of participants in this instance
    given ``negative sentiments toward gays and lesbians'' was to ban the
    assembly. The activists defied the ban, and riot police violently
    dispersed approximately 30 demonstrators on May 15. Seven activists,
    including Alyaksandr Fyodarau, Syarhey Yenin, Aleh Hruvich, and two
    Russian citizens, were detained, placed in pretrial detention, and each
    sentenced to 17,500 ruble ($6) fines on May 17.
        On June 21, LGBT activists Syarhey Androsenka and Syarhey Pradzed
    filed individual communications to the UN Human Rights Committee
    complaining about earlier fines. In December 2009 a court in Minsk
    fined LGBT community activist Alyaksandr Haharyn 105,000 rubles ($35),
    Androsenka 875,000 rubles ($290), and Pradzed 350,000 rubles ($115) for
    participating in an unsanctioned protest in front of the Iranian
    embassy. The activists demonstrated to protest the use of capital
    punishment of LGBT persons in Iran. The Minsk City Court and the
    Supreme Court subsequently upheld these fines.
        On October 11, police in Minsk arrested Pradzed for staging a one-
    man protest to mark International Coming-Out Day. He was held in
    custody overnight and fined 700,000 rubles ($235) the next day.
        In September 2009 the KGB in Homyel informed local gay rights
    activist Svyataslau Semyantsou that it had opened a criminal case
    against him for participating in activities of an unregistered group.
    The KGB also threatened Semyantsou with charges of providing defamatory
    and discrediting information to a foreign source. No further
    information on the status of this case was available during the year.

        Other Societal Violence or Discrimination.--Societal discrimination
    against persons with HIV/AIDS remained a problem, and the illness
    carried a heavy stigma. The UN AIDS office reported that there were
    numerous reports of HIV-infected individuals who faced discrimination,
    especially at workplaces and during job interviews. However, there were
    indications of greater awareness and increased tolerance towards
    persons infected with the virus. For example, maternity wards no longer
    segregated HIV-positive mothers into separate facilities. As of
    December 1, the Government reported that 11,661 persons in the country
    were infected with HIV. Between January and November, 971 new HIV cases
    were registered. As of December 1, 174 children had tested HIV-
    positive, and eight died. The chairman of the local Red Cross asserted
    in September that registered cases reflected only 25 percent of the
    total number of persons with HIV/AIDS in the country.
        There were also frequent reports of family discrimination against
    HIV-positive members of households. This included preventing HIV-
    positive parents from seeing their children, or requiring HIV-positive
    family members to use separate dishware. According to an independent
    study released by the Belarusian Community of People Living with HIV/
    AIDS in September, at least 10 percent of HIV-positive women reported
    suicidal thoughts.
    Section 7. Worker Rights

        a. The Right of Association.--The law allows workers, except state
    security and military personnel, to form and join independent unions;
    however, in practice the Government did not respect this right. During
    the year the Government continued efforts to suppress independent
    unions, to stop union activities, and to bring all union activity fully
    under its control. Its efforts included frequent refusals to extend
    employment contracts for members of independent unions and refusals to
    register independent unions.
        According to Belarusian Congress of Democratic Trade Unions (BCDTU)
    leader Alyaksandr Yarashuk, no independent unions have been established
    since President Lukashenka's 1999 decree requiring trade unions to
    register with the Government.
        The Government-controlled Federation of Trade Unions of Belarus
    (FTUB) was the largest union, claiming an estimated four million
    members; however, that number was likely inflated, since the country's
    total workforce was approximately four million. The BCDTU, with four
    constituent unions and approximately ten thousand members of
    independent trade unions, was the largest independent union umbrella
    organization.
        In December 2009 FTUB chairman Leanid Kozik asserted that
    ``provocations'' and ``demands'' by trade unions not affiliated with
    the FTUB should be ignored.
        Local authorities continued to deny multiple registration
    applications to the Vitsyebsk, Mahilyou, and Homyel chapters of the
    Belarusian Union of Electronic Industry Workers (REP). According to the
    REP, authorities refused to reregister the chapter in Mahilyou because
    the REP office proprietor had not agreed to register the office as its
    legal address due to harassment from officials. In April 2009 a court
    in Mahilyou upheld the registration denial. Further attempts to
    reregister in Mahilyou were also denied.
        In May authorities in Hrodna refused an application from local REP
    activists seeking to organize rallies on International Children's Day
    on June 1.
        On October 21, citing inaccuracies in paperwork and violations of
    laws, Salihorsk town authorities refused a third registration
    application from the Belarusian Independent Trade Union at JV Delta-
    Style. Belarusian Independent Trade Union vice chair Mikalay Novik
    called authorities' claims ``farfetched and groundless,'' and noted
    that they would appeal to court. On August 27, the leader of the
    independent trade union in Salihorsk, Natalya Mikhnyukevich, was fined
    17,500 rubles ($6) for allegedly illegally meeting with the Delta-Style
    workers on August 4; she was briefly detained by police at that time.
    In August, Salihorsk authorities denied the independent trade union's
    application to stage a protest against registration refusals.
        In Babruysk on November 17, armed employees of the State Wildlife
    Inspectorate broke into the home of Mikhail Ustsinovich, the leader of
    the grassroots independent trade union of the Belshyna tire company,
    and beat him. Officials broke doors and windows at the house,
    reportedly looking for illegal fishing equipment. The Inspectorate
    subsequently charged Ustsinovich with illegal fishing, possession of
    unregistered arms, and resisting state officials. After Ustsinovich
    appealed to the prosecutor general, the Inspectorate additionally
    charged Ustsinovich with assaulting an Inspectorate official.
        During the December 19 postelection crackdown, at least nine REP
    members were arrested and served short-term jail sentences. Belarusian
    Free Trade Union leader Mikhail Kavalkou was arrested and sentenced to
    10 days in jail. Courts convicted Free Trade Union member Alyaksey
    Koutun, REP member Alyaksandr Tysevich, and Free Metalworkers' Union
    member Uladzimir Syarheyeu of participating in an unsanctioned
    demonstration and sentenced them to jail terms ranging from 10 to 15
    days.
        In January the Ministry of Justice denied registration to Razam, a
    trade union of small- and medium-sized businesses, based on
    insufficient documentation and a failure to demonstrate that the union
    had the 500 members required for registration. Razam's leader, Iryna
    Yaskevich, stated that the registration process was ``excessively
    complicated'' and insisted that the group had filed correct
    applications with the ministry. On March 25, the Supreme Court upheld
    registration denial and the ministry's claims.
        The Government continued to target union leaders and activists. For
    example, the oil refinery Naftan in Navapolatsk pressured Alyaksandr
    Nasedkin to withdraw his membership from the independent trade union a
    month after he joined it.
        In February four members of the independent trade union at the
    Hrodna Azot nitrogen fertilizer factory unsuccessfully complained to
    prosecutors of discrimination against them based on their membership in
    the union. They were threatened with dismissals and cuts in bonus
    payments, and pressured to withdraw from the union.
        In February the Minsk Regional Court denied an appeal from REP
    member Yury Loban challenging his earlier dismissal from the BelAZ
    mining trucks producer in Zhodzina.
        In May management of the Babruysk tractor parts and components
    factory did not extend the employment contract of Leanid Haishun, a
    member of the Free Trade Union.
        On May 18 in Brest, police illegally searched the offices of REP
    and homes of some members, and briefly detained eight activists. They
    confiscated personal belongings, printed materials, documents, and
    computer equipment.
        Workers who were deemed ``natural leaders'' or who involved
    themselves in NGOs or opposition political activities were routinely
    fired for these activities. For example, in March, Mikalay Rasyuk was
    dismissed from his job at a construction company for his political and
    civic activism. KGB officers questioned Rasyuk at work on February 2
    and warned him against holding unsanctioned rallies in Mahilyou.
    Uladzimir Shyla, a prominent opposition activist in Salihorsk, was
    fired on May 6, just three days after he began his job. Shyla's
    employer was reportedly summoned to the KGB and ordered to dismiss him.
    In June Mazyr-based human rights advocate Uladzimir Tselyapun was
    dismissed from his job for his political activities and participation
    in municipal electoral campaign. In July a travel agency dismissed
    opposition youth activist Yaraslau Hryshchenya for allegedly violating
    labor regulations.
        In November the State TV and Radio Broadcasting Company fired
    engineer Yauhen Shapchyts for producing an anti-Lukashenka video clip
    that was posted on YouTube. Paval Bandzich, one of the actors in the
    video, was dismissed from the International Ecological University,
    where he led a theater studio.
        On December 1, a private company fired human rights advocate Ales
    Kaputski in Maladzechna. The activist was engaged in monitoring
    presidential elections. He was also dismissed from a job in 2008 for
    observing the parliamentary elections. In December Alyaksandr Baran in
    Kirausk was fired for his participation in the election campaign of
    Uladzimir Nyaklyaeu. Baran organized meetings with voters, collected
    signatures, and monitored the voting.
        Pursuant to a December 2009 court order, the management of a
    hydropower station in Lukoml was forced to reinstate Alyaksey Habryel,
    the leader of a local independent trade union. Habryel's labor contract
    was not extended in October 2009, and it was widely believed that he
    was dismissed for his union activities. After the management
    successfully appealed Habryel's reinstatement, he was dismissed on May
    21.
        The law provides for the right to strike; however, tight government
    control over public demonstrations made it difficult for unions to do
    so. Management and local authorities also blocked worker attempts to
    organize strikes on many occasions by declaring them illegal. On June
    15 and 16, carpenters at the Lyos factory in Baran went on strike to
    protest management's refusal to abide by an earlier agreement to
    increase pay. On June 17, workers ended the strike after the director
    promised to raise pay. At year's end this promise remained unfulfilled.

        b. The Right to Organize and Bargain Collectively.--The law
    provides for the right to organize and bargain collectively; however,
    government authorities and managers of state-owned enterprises
    routinely interfered with union activities and hindered workers'
    efforts to bargain collectively, in some instances arbitrarily
    suspending collective bargaining agreements.
        In July 2009 the FTUB recommended that employers sign collective
    bargaining agreements only with the trade union with the largest number
    of members, irrespective of whether there were members of other trade
    unions among the personnel. BCDTU leader Yarashuk argued that such a
    measure violated the rights of trade unions. On September 15, Leanid
    Kozik, head of the FTUB, said that every employer should conclude a
    collective bargaining agreement with the staff irrespective of whether
    the company has a trade union organization. Over 17,500 employers had
    collective bargaining agreements with their employees, Kozik asserted.
    He further claimed that only the FTUB was able to ensure employers'
    compliance with collective bargaining agreements as it had ``several
    thousand members'' at most companies compared to ``ten or twenty''
    members of independent trade unions. He encouraged ``small trade
    unions'' to join the FTUB because FTUB local leaders were better able
    to advocate for their rights.
        Since 2000 the Government has required state employees, who
    constitute approximately 80 percent of the workforce, to sign short-
    term work contracts. Although such contracts may have terms of up to
    five years, most expired after one year, which gave the Government the
    possibility of firing employees by simply declining to renew their
    contracts. Many members of independent unions, political parties, and
    civil society groups lost their jobs because of this practice. On March
    31, the president signed an edict providing the possibility for
    employers to sign open-ended work contracts after five years of good
    conduct. The edict limited the rights of employers to approve open-
    ended contracts earlier than five years after the service computation
    date and made no major changes to the contracting system. The provision
    did not apply to state employees and other categories of workers who
    remained subject to mandatory contracts.
        During the year the Polatsk chapter of the BFTU continued to
    negotiate without success with the Polatsk Shklovalakno fiberglass
    manufacturer over the company's unwillingness to grant the BFTU the
    same privileges granted to its rival, the progovernment FTUB. In April,
    Polatsk Shklovalakno management announced a fourfold increase in rent
    for meeting space for the 30-member Belarusian Free Trade Union, while
    allowing the progovernment FTUB to meet rent-free. In October
    management refused to commence talks with the free trade union on pay
    increases and working conditions, claiming that the organization had no
    rights to represent interests of workers. According to the collective
    agreement, management claimed that the trade union of chemical industry
    workers, part of the FTUB, was the sole representative.
        There are no special laws or exemptions from regular labor laws in
    the country's six free economic zones.

        c. Prohibition of Forced or Compulsory Labor.--The law prohibits
    forced or compulsory labor; however, there were reports that women,
    men, and children were trafficked for commercial sexual exploitation
    and forced labor. Also see the Department of State's annual Trafficking
    in Persons Report at www.state.gov/g/tip.
        During the year the Government approved ``subbotniks,'' which
    required employees of the Government, state enterprises, and many
    private businesses to work on Saturday and to donate their earnings to
    finance government social projects. Workers who refused to take part
    were subjected to fines and intimidation by employers and authorities.
        There were reports that authorities forced men serving mandatory
    military service to undertake work that was unrelated to their military
    service.

        d. Prohibition of Child Labor and Minimum Age for Employment.--The
    law forbids the exploitation of children in the workplace, including a
    prohibition on forced and compulsory labor, and specifies policies for
    acceptable working conditions. The Government generally implemented
    these laws in practice.
        The minimum age for employment is 16; however, a child as young as
    age 14 may conclude a labor contract with the written consent of one
    parent or a legal guardian. The prosecutor general's office reportedly
    enforced the law effectively. Minors under age 18 were allowed to work
    in nonhazardous jobs, but were not allowed to work overtime, on
    weekends, or on government holidays. Work was not to be harmful to the
    minors' health or hinder their education.

        e. Acceptable Conditions of Work.--In November the national minimum
    monthly wage was 400,000 rubles (approximately $132), which did not
    provide a decent standard of living for a worker and family. In
    December the average monthly wage was 1,595,870 rubles ($530).
        The law establishes a standard workweek of 40 hours and provides
    for at least one 24-hour rest period per week. Although the situation
    improved during the reporting period, because of the country's
    difficult economic situation, many workers worked considerably less
    than 40 hours per week, and factories often required workers to take
    unpaid furloughs due to lack of demand for the factories' products. The
    law provides for mandatory overtime and holiday pay, and restricts
    overtime to four hours every two days, with a maximum of 120 hours of
    overtime each year. According to sources the Government was believed to
    enforce these standards effectively.
        The law establishes minimum conditions for workplace safety and
    worker health; however, employers often ignored these standards.
    Workers at many heavy machinery plants did not wear minimal safety
    gear. There is a state labor inspectorate, but it lacked authority to
    enforce employer compliance and often ignored violations.
        The Ministry of Labor reported 232 workplace fatalities during the
    year. The ministry reported that workplace accidents were caused by
    carelessness, poor conditions, malfunctioning equipment, and poor
    training and instruction. Worker intoxication was involved in 12
    percent of workplace deaths and injuries. The law does not provide
    workers the right to remove themselves from dangerous and unhealthy
    work environments without risking loss of employment.
        On November 1, the BCDTU expressed serious concerns about
    occupational safety requirements and their implementation in the
    manufacturing industry following a deadly blast at the Pinskdreu
    woodworking plant on October 25. Fourteen workers died and dozens were
    injured in the explosion that reportedly occurred due to human error.
    The BCDTU noted that the Government failed to investigate the case or
    examine whether outdated equipment at Pinskdreu and other plants played
    a role in the explosion.

                                   __________

                                    BELGIUM

        The Kingdom of Belgium, with a population of approximately 10.7
    million, is a parliamentary democracy with a constitutional monarch who
    plays a mainly symbolic role. The country is a federal state with
    several levels of government: national, regional (Flanders, Wallonia,
    and Brussels), language community (Flemish, French, and German),
    provincial, and local. The council of ministers (cabinet), led by the
    prime minister, holds office as long as it retains the confidence of
    the lower house (Chamber of Representatives) of the bicameral
    parliament. Federal parliamentary elections held during the year were
    considered free and fair. Security forces reported to civilian
    authorities.
        The following human rights problems were reported: overcrowded
    prisons, lengthy pretrial detention, poor detention conditions prior to
    deportation of adults and children whose asylum applications were
    refused, violence against women, child abuse, trafficking in persons,
    and racial and ethnic discrimination in the job market.
                            respect for human rights
    Section 1. Respect for the Integrity of the Person, Including Freedom
            From:

        a. Arbitrary or Unlawful Deprivation of Life.--There were no
    reports that the Government or its agents committed arbitrary or
    unlawful killings.

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

        c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
    Punishment.--The law prohibits such practices. In its July 23 report on
    the situation in Belgian prisons, the Council of Europe (COE) Council
    for the Prevention of Torture (CPT) highlighted events that occurred in
    the Forest Prison on September 22 and on October 30, 2009. Due to the
    fact that regular prison staff were on strike, the local Forest police
    took over, resulting in prisoners being beaten, subjected to verbal
    abuse, and in two instances, hospitalized. Both disciplinary and
    criminal investigations were ongoing. The two officers in charge of the
    police squad were temporarily suspended; however, the Council of State
    cancelled the suspension because of a legal technicality.

        Prison and Detention Center Conditions.--Prison and detention
    center conditions met most international standards, but overcrowding
    remained a problem. The Government permitted monitoring visits by
    independent human rights observers, and such visits occurred during the
    year.
        On March 1, 10,561 inmates occupied prison and detention
    facilities, 400 more inmates than in March 2009. The facilities have a
    designed capacity of 9,105.
        In its July 23 report, the CPT cited a number of allegations of
    mistreatment by prison guards. Several inmates from the Ittre Prison
    claimed to have been beaten by prison guards in the so-called naked
    cells, while wearing handcuffs (for disciplinary reasons, inmates may
    be undressed and locked in separate cells). On August 8, 2009, in the
    Jamioulx Prison, an inmate suffering from a mental disorder refused to
    go to an isolated cell and allegedly was killed by three guards who
    tried to subdue him. A police investigation of the incident was
    ongoing.
        In June 2009 the human rights commissioner of the COE issued a
    report noting that 75 percent of all prisons were overcrowded. He also
    expressed concern over violence among prisoners and the dilapidated
    state of some prisons and shortcomings in the supply of health care.
    While the Government upgraded some older facilities, incarcerations
    outpaced construction. Inmates on pretrial detention accounted for 34
    percent of the prison population.
        Prisoners and detainees have reasonable access to visitors and are
    allowed religious observance. The authorities permitted prisoners and
    detainees to submit complaints and allegations of inhumane conditions
    to judicial authorities without censorship. Authorities investigated
    credible allegations of inhumane conditions and documented these
    results in a publically accessible manner. The Government investigated
    and monitored prison and detention center conditions.
        The Government permitted visits to prisons and detention centers by
    members of parliament and independent human rights groups during the
    year, including a CPT visit that focused on prison and detention camp
    conditions. The federal mediator acts as an ombudsman allowing any
    citizen to address issues with the administration. In 2009, upon
    request from inmates from the Merksplas Prison, the federal mediator
    recommended the Ministry of Justice not to use a building of the
    Merksplas Prison, because the cells were small, overcrowded, and
    without running water. Following the mediator's report, the Ministry of
    Justice made the necessary improvements to reopen the building.
        During the year the Ministry of Justice continued implementing the
    2008-12 master plan for building seven new penitentiaries and upgrading
    existing infrastructure. To ease overcrowding, 500 inmates were sent to
    serve part of their sentences in prisons in the Netherlands. Forty
    percent of all inmates were non-Belgian nationals. Prison authorities
    provided meals that met the dietary requirements of the various
    religious faiths practiced by inmates. In March there were 420 female
    inmates, constituting approximately 4 percent of the prison population.
    There were no specific reports of abuses in the seven prisons where
    women were held.

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

        Role of the Police and Security Apparatus.--The federal police are
    responsible for internal security and nationwide law and order. Local
    police operated branches in 196 police districts. The federal police
    General Inspection Service (AIG) handled 1,153 complaints in 2009, and
    there were 57 cases handled by its disciplinary commission. An
    independent oversight committee (Committee P) also monitored police
    activities. In a report submitted to parliament in January, the
    committee stated that it had received 2,401 complaints about police
    behavior in 2009 for the federal and local police forces combined. The
    complaints concerned discriminatory behavior, brutality, racism,
    failure to intervene, violations of privacy, and arbitrary detention.
    The committee pointed out that police officers often fail to observe
    rules and regulations when dealing with undocumented aliens,
    prostitutes, and squatters. Civilian authorities maintained effective
    control over the federal and local police and the armed forces, and the
    Government has effective mechanisms to investigate and punish abuse and
    corruption.

        Arrest Procedures and Treatment While in Detention.--Under the
    constitution, an individual may be arrested only while committing a
    crime or by a judge's order carried out within 24 hours. The law
    provides a person in detention with the right to a prompt judicial
    determination of the legality of his or her detention, and the
    authorities generally respected this right. Detainees were promptly
    informed of charges against them. There is a functioning bail system.
    Alternatives to incarceration included conditional release, community
    service, probation, and electronic monitoring. In 2009 the Ministry of
    Justice handled 10,112 alternative punishment (e.g., community service)
    cases, compared with 10,131 the previous year. By the end of 2009, an
    additional 928 convicts were monitored electronically outside of prison
    premises.
        The law provides rights to inmates regarding disciplinary matters,
    correspondence, telephone conversations, and religious practice.
    Brochures were handed out to inmates informing them of their rights.
    Implementation courts are responsible for handling release issues,
    penitentiary leave, and electronic monitoring. Legislation protects
    offenders with mental disorders, and the Government implemented plans
    to treat more of these inmates outside of prisons.
        According to 2010 figures, pretrial detainees made up almost 35
    percent of the prison population. The average length of pretrial
    detention was approximately 90 days.

        e. Denial of Fair Public Trial.--The constitution and law provide
    for an independent judiciary, and the Government generally respected
    judicial independence in practice.

        Trial Procedures.--The constitution provides for the right to a
    fair trial, and an independent judiciary generally enforced this right.
    All defendants are presumed innocent and have the right to be present,
    to counsel (at public expense if necessary), to confront witnesses, to
    present evidence, and to appeal.
        The law gives domestic courts jurisdiction over war crimes and
    crimes against humanity that occurred outside the country when the
    victim or perpetrator is a citizen or legal resident of the country.

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

        Regional Human Rights Court Decisions.--On January 10, the ECHR
    released its judgment in the Muskhadzhiyeva case involving five Chechen
    asylum seekers, a mother and her four children. The family arrived in
    Belgium on October 11, 2006, and requested asylum on October 12. The
    request was denied; following the dismissal of their application family
    members were all detained in a closed center. The family ultimately
    brought its case to the ECHR in September 2007. The court found two
    violations, namely that the children had been detained in a closed
    center meant only for adults and the health of the children was very
    poor. These issues have been addressed, through payment by the state of
    17,000 euros ($22,780) to the family for damages and through a
    regulation that the country will no longer house children in closed
    centers, even if they are accompanied by adults.
        In 2009 the ECHR issued judgments that found five violations of the
    right to a fair trial, two violations for the length of proceedings,
    one violation of the right to liberty and safety, one violation for the
    absence of effective inquiry and one violation for inhuman and
    degrading treatment as provided under the European Convention on Human
    Rights. The Government treated all ECHR decisions as binding.

        Civil Judicial Procedures and Remedies.--There is an independent
    and impartial judiciary in civil matters. Plaintiffs may seek damages
    either individually or through specialized organizations for human
    rights violations under the applicable antidiscrimination legislation.

        f. Arbitrary Interference With Privacy, Family, Home, or
    Correspondence.--The constitution and legal code prohibit such actions,
    and the Government generally respected these prohibitions in practice.
    Section 2. Respect for Civil Liberties, Including:

        a. Freedom of Speech and Press.--The constitution and law provide
    for freedom of speech and of the press, and the Government generally
    respected these rights in practice. An independent press, an effective
    judiciary, and a functioning democratic political system combined to
    ensure freedom of speech and of the press.
        Holocaust denial is a criminal offense, and there was one
    conviction during the year. On September 15, the Brussels Appeal court
    confirmed the charge of holocaust denial against Roeland Raes (a member
    of the Flemish extremist party Vlaams Belang) for his 2001 statements
    contesting the authenticity of Anne Franks' diary ( see section 6 Anti-
    Semitism). Individuals could criticize the Government publicly and
    privately without reprisal.
        On March 31, a group of extremist Muslims called ``Sharia4Belgium''
    interrupted a reading organized by Antwerp University. The reading was
    entitled ``The Islam Debate: Long Live God, Down with Allah.'' Police
    led approximately 20 shouting protesters out of the building, but there
    was no violence. No one was detained.

        Internet Freedom.--There were no government restrictions on access
    to Internet sites. There were no reports that the Government monitored
    e-mail or Internet chat rooms, and individuals and groups could engage
    in the peaceful expression of views via the Internet, including by e-
    mail. In cooperation with the Government, Child Focus, a government-
    sponsored center for missing and exploited children, developed programs
    to warn users of Web sites containing illegal content, especially child
    pornography.
        According to International Telecommunications Union statistics for
    2009, approximately 76 percent of the country's inhabitants used the
    Internet.
        There were no reports of the Government attempting to collect any
    personally identifiable information on 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
    and law provide for freedom of assembly and association, and the
    Government generally respected these rights in practice.

        c. Freedom of Religion.--For a complete description of religious
    freedom, please see the 2010 International Religious Freedom Report at
    www.state.gov/g/drl/irf/rpt.

        d. Freedom of Movement, Internally Displaced Persons, Protection of
    Refugees, and Stateless Persons.--The constitution and law provide for
    freedom of movement within the country, foreign travel, emigration, and
    repatriation, and the Government generally respected these rights in
    practice. The Government cooperated with the Office of the UN High
    Commissioner for Refugees (UNHCR) and other humanitarian organizations
    in providing protection and assistance to refugees, asylum seekers,
    stateless persons, and other persons of concern.

        Protection of Refugees.--The law provides for the granting of
    asylum or refugee status, and the Government has established a system
    for providing protection to refugees.
        The law allows authorities to grant ``subsidiary protection'' to
    individuals who might not qualify as refugees but who could establish
    that upon return to their home country, they would face the death
    penalty, torture, or other inhuman treatment. From January through
    September, 504 applicants, mostly from Iraq and Afghanistan, qualified
    for subsidiary protection. During the year 19,941 applications were
    filed, compared with 17,186 applications in 2009. Most applicants came
    from Iraq, Kosovo, Russia, Guinea, and Afghanistan. From January
    through September, the Commissariat for Refugees awarded refugee status
    to 1,470 applicants. Most accepted refugees came from Iraq, Guinea, and
    Afghanistan.
        During 2009 scores of asylum seekers who stayed in the country
    illegally after their applications were refused took refuge in churches
    and went on hunger strikes to draw public attention to their situation.
    On the eve of its 2009 summer recess, the Government reached agreement
    on a new set of criteria for awarding residence permits for
    undocumented aliens. The latter were allowed to submit applications
    between September and December. The newly defined criteria covered
    aliens who had become victims of an unduly long asylum application
    process and undocumented aliens who were living in a precarious
    humanitarian situation or who could prove that they were integrated
    into local society, either by having lived in the country for at least
    five years or by having been gainfully employed for at least one year.
        Regularization of status on the grounds of an unduly long
    application period, urgent humanitarian reasons, or medical reasons was
    granted to 14,830 applicants in 2009, compared with 8,369 the previous
    year. In 2009 FEDASIL, the Government agency providing shelter for
    refugees, the Red Cross, and local governments provided assistance to
    an average of 18,164 persons but lacked capacity to deal with the
    growing demand. Under the law, refugees who spent four months in a
    collective relief center qualified for independent living and were
    permitted to leave the centers and provided material assistance to do
    so.
        Following a critical report from a European Parliament commission
    in 2008, the Government announced that unaccompanied minors stopped at
    the border would no longer be held in closed centers, but in
    specialized observation and orientation centers. Minors held with their
    parents had access to individualized education. In May the European
    Commission adopted an action plan to harmonize and strengthen the
    protection of unaccompanied minor migrants. During 2009 FEDASIL
    provided shelter to 1,074 unaccompanied foreign minors. In practice,
    the Government provided protection against the expulsion or return of
    refugees to countries where their lives or freedom would be threatened
    on account of their race, religion, nationality, membership in a
    particular social group, or political opinion.
        Refused asylum seekers were informed in writing and in person of
    repatriation scenarios from which they could choose. The Government, in
    partnership with the International Organization for Migration (IOM),
    provided relocation assistance to unsuccessful asylum applicants who
    agreed to return voluntarily to their countries of origin. Unsuccessful
    applicants who did not leave voluntarily were subject to forced
    repatriation. A report issued during the year revealed that, between
    1984 and 2009, more than 40,000 refused asylum seekers and other
    immigrants were repatriated under the IOM-sponsored Return and
    Emigration of Asylum Seekers ex-Belgium (REAB) program, including 2,669
    immigrants in 2009. This figure was in line with that of 2008, when
    2,446 persons were repatriated under IOM auspices. Refused families
    with children qualified for temporary individual housing.
        In 2009, 6,439 persons were assigned to closed centers, where
    asylum seekers were not permitted to leave the facility, compared with
    6,902 persons in 2008. Their average stay in closed centers was 24
    days. Most refugees held at these centers came from Romania, Brazil,
    Morocco, Bulgaria, or Russia. The COE's human rights commissioner,
    members of the Belgian parliament, and representatives from the
    International Federation of Human Rights Organizations visited the
    closed centers to inspect living conditions.
        Nongovernmental organizations (NGOs) complained that living
    conditions at the closed centers for refused asylum seekers were
    substandard. The Government started to refurbish the closed centers at
    the Brussels national airport. In July 2009 the Council of Ministers
    decided to create additional temporary places for asylum seekers, thus
    accommodating more than 1,000 asylum seekers in 20 hotels. In November
    2009 the Government approved the creation of 1,200 additional reception
    places. In December 2009 the Belgian Red Cross increased its capacity
    by approximately 240 places. Through the Public Organization for Social
    Support and NGOs, nearly 350 individual reception places were opened.
    By the end of November, an additional 2,600 places were made available.
    Section 3. Respect for Political Rights: The Right of Citizens to
            Change Their Government
        The constitution provides citizens with the right to change their
    government peacefully, and citizens ages 18 and older exercised this
    right through periodic, free, and fair elections held on the basis of
    universal suffrage. Voting in all elections is compulsory. Failure to
    vote is punishable by a nominal fine.

        Elections and Political Participation.--General elections were held
    on June 13. They were considered free and fair by the media. Political
    parties could operate without restriction or outside interference. The
    constitution requires the presence of men and women in federal,
    regional, and local governments, and the law requires an equal number
    of male and female candidates on party tickets in European, federal,
    regional, provincial, and local elections. Failure to meet the
    requirement would nullify the elections and render any government
    thereby created illegal.
        Following the June 13 elections, there were 60 women in the 150-
    seat federal Chamber of Representatives and 25 women in the 71-seat
    Senate; five of the 23 federal cabinet ministers and state secretaries
    were women.
        There were seven members of minorities in the Chamber of
    Representatives and five in the Senate from Moroccan and Turkish
    origin.
    Section 4. Official Corruption and Government Transparency
        The law provides criminal penalties for official corruption, and
    the Government generally implemented these laws effectively. Elected
    officials and high-level civil servants are required to disclose any
    regular private employment or public jobs they hold and to provide
    confidential disclosure of their financial situation.
        With some exceptions, such as material involving national security,
    the law provides public access to government information. In practice,
    the Government respected this law.
        The November 2008 and November 2009 reports of the UN Group of
    Experts (UNGOE) on the Democratic Republic of the Congo (DRC) presented
    information indicating that Trademet and Traxys, which were based in
    Belgium, had indirectly funded conflict and perpetrators of human
    rights abuses in the eastern DRC through the purchase of conflict
    minerals.
    Section 5. 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
    generally were cooperative and responsive to their views. The
    Government-sponsored Center for Equal Opportunity and the Combat
    Against Racism (CEOCR) is tasked with promoting equal opportunity and
    with combating all forms of discrimination, exclusion, or preferential
    treatment based on race, color of the skin, descent, national or ethnic
    origin, sexual orientation, marital status, birth, wealth, age,
    religion or ideology, physical condition, disability, or physical
    characteristics. The center is charged with ensuring respect for the
    basic rights of foreigners and informs the authorities on migration
    issues, including smuggling and trafficking. The center is also
    expected to promote consultation among public and private players, and
    it has the authority to start litigation regarding complaints sent to
    the center. Members of the public are entitled to ask the center for an
    opinion or report possible cases of discrimination. The center may
    escalate a case and file a complaint with the police. One example
    during the year involved the center filing a complaint against
    Archbishop Mgr. Leonard for his derogatory statements about AIDS
    victims.
        Federal and regional government ombudsmen monitor and publish
    reports on the workings of the agencies coming under their respective
    jurisdictions. In 2009 the federal ombudsman released a report on the
    closed centers for rejected asylum seekers.
        The Government cooperated with international tribunals in the
    prosecution of war crimes. In May 2008 police arrested Jean-Pierre
    Bemba, the leader of the Movement for the Liberation of Congo and a
    former Congolese vice president, after an arrest warrant was issued by
    the International Criminal Court. Bemba was charged with crimes against
    humanity and war crimes and transferred to The Hague in July 2008. His
    trial was scheduled for April but was postponed due to the defense's
    claim of insufficient financial resources. Bemba's trial finally began
    on November 22.
    Section 6. 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.
        The law identifies 18 grounds of possible discrimination subject to
    legal penalty: age, sexual orientation, civil status, birth, financial
    situation, religious belief, philosophical orientation, physical
    condition, disability, physical characteristics, genetic
    characteristics, social status, nationality, race, color of skin,
    descent, national origin, and ethnic origin. A separate law governs
    gender discrimination in the workplace. Under a directive issued by the
    Board of Prosecutors General, the police and prosecutors must mention
    racial motivation when recording offenses. Specifically, police must
    highlight if there were racial motivations when an offense was
    reported, and if so, the case must be escalated by the prosecutor (e.g.
    if there were a racial motivation in a murder case, the charge would
    additionally include a hate crime offense.)

        Women.--Rape, including spousal rape, is illegal, and the
    Government prosecuted such cases. In 2009 the federal police registered
    2,751 rape cases, compared with 2,786 the previous year. A convicted
    rapist may be imprisoned for a minimum of 10 years to a maximum of 30
    years. The length of sentence is based on the age of the victim, the
    age difference between the offender and the victim, the relationship
    between the offender and the victim, and the use or absence of violence
    during the crime.
        The minimum age for consensual sex is 16. Statutory rape carries
    penalties of imprisonment from 15 to 20 years. If the victim is under
    the age of 10, the imprisonment rises to 20 to 30 years. In May a
    Brussels court convicted a man of raping his three children.
        The law prohibits domestic violence. In 2009 the federal police
    reported 20,471 such cases of physical violence between partners,
    compared with 19,768 cases in 2008. In 2009 the federal police
    registered 138 cases of sexual violence between partners, compared with
    131 cases in 2008. In 2009 there were 17,258 cases of psychological
    violence or mental cruelty between partners, compared with 16,927 cases
    in 2008. The law defines and criminalizes domestic violence and
    provides for fines and incarceration. The law allows police to enter a
    home without the consent of the head of household when investigating a
    domestic violence complaint; however, there were complaints that the
    police frequently declined to do this in practice. An action plan for
    dealing with domestic violence was in force, and the regional
    governments formally joined the effort. Police forces and prosecuting
    magistrates registered all complaints and official actions taken in
    connection with domestic violence.
        A number of government-supported shelters and telephone help lines
    were available across the country for victims of domestic abuse. In
    addition to providing shelter, many offered assistance on legal
    matters, job placement, and psychological counseling to both partners.
        In a 2008 report to the Senate, the federal police noted 17 honor
    killings that had taken place over the preceding five-year period.
    There were no reports of honor killings in the country during the year.
    During the year the Institute for the Equality of Men and Women claimed
    damages in the case of a Pakistani woman who died in an honor killing
    in 2007 resulting from a failed arranged marriage. The brother of the
    victim was found guilty, with the complicity of many other members of
    the family.
        Reliable statistics on sexual harassment are not easily accessible
    since formal complaints may be filed with various entities. The law
    aims to prevent violence and harassment at work, obliging companies to
    set up internal procedures to handle complaints by employees.
        The law prohibits discrimination on the grounds of gender,
    pregnancy, motherhood, or sex change. It also prohibits sexual
    intimidation in labor relations and in access to goods, services,
    social welfare, and health care. A separate law prohibits sexual
    harassment in the workplace, and the Government generally enforced it.
        The constitution provides for complete freedom in the way that
    persons organize their private lives, including the basic right of
    couples and individuals to decide freely and responsibly the number,
    spacing, and timing of their children. Health clinics and local health
    NGOs were permitted to operate freely in disseminating information on
    family planning. There are no restrictions on the right to access
    contraceptives. Men and women received equal access to diagnosis and
    treatment for sexually transmitted infections, including HIV. According
    to estimates compiled by international organizations, there were
    approximately five maternal deaths per 100,000 live births in country
    in 2008.
        Women have the same legal rights as men, including rights under
    family law, property law, in the judicial system, in labor relations,
    and in social welfare protection. The federal government's Institute
    for the Equality of Men and Women, which is tasked with promoting
    gender equality, may initiate lawsuits if it finds that equality laws
    have been violated. Most of the complaints received during the year
    were work-related and most concerned women whose employment contract
    was terminated because of pregnancy.
        During the year the Government continued implementation of the
    Gender Mainstreaming Act of 2007, which obliges the authorities to
    address gender aspects in planning policy, collecting data, drafting
    budgets, awarding contracts, and drafting reports. As per the Institute
    for Equality of Men and Women, the authorities were in the process of
    implementing the decree to establish a gender test (an evaluation of
    all administrative and legal acts in terms of male-female equality) and
    an interdepartmental coordination group.
        Economic discrimination against women continued. During the year
    the Institute for the Equality of Men and Women released a survey
    (based on 2007 data) showing an average gap of 11 percent in the gross
    wages paid to men and women. The gap was 27 percent for white-collar
    and 16 percent for blue-collar workers. The gap was smaller in the
    public sector, where female contract workers earned 7 percent less than
    their male colleagues. Female statutory civil servants earned 1 percent
    more than their male colleagues. Taking into account part-time work,
    the overall wage gap was 25 percent. According to the report, the main
    factors contributing to the gap were job classification, branch of
    employment, type of employment contract, and time actually worked.
    Through legislation and decrees, federal and regional authorities
    sought to increase the presence of women on the boards of public
    enterprises and government agencies. Data from the European
    Professional Women's Network indicated that women filled 11.1 percent
    of the positions on boards of directors of the country's leading
    private companies compared with 7 percent in 2008.

        Children.--The Government registered all live births immediately,
    and citizenship is conferred to the child through the parents'
    nationality.
        There were reports of child abuse. In 2009 the federal police
    registered 5,201 cases of child abandonment, abuse, and neglect,
    compared with 3,971 cases in 2008.
        The NGO Child Focus reported that it handled 2,087 missing children
    and child abuse cases in 2009. There were 1,019 cases of runaways;
    approximately half of these returned home within 48 hours, although the
    average time for runaways to be missing increased. Thirty-six cases
    concerned abduction by a third person. Child Focus handled 467 of the
    cases (involving 672 children) of abduction to another country.
        The country is a party to the 1980 Hague Convention on the Civil
    Aspects of International Child Abduction. For information on
    international parental child abduction, please see the Department of
    State's annual report on compliance at http://travel.state.gov/
    abduction/resources/congressreport/congressreport--4308.html.
        The law provides for the protection of youth against sexual
    exploitation, abduction, and trafficking, and provides severe penalties
    for child pornography and possession of pedophilic materials. The
    penalties for producing and disseminating child pornography range from
    five to 15 years' imprisonment and from one month to one year for
    possession of such material. The law permits the prosecution of
    residents who commit such crimes abroad and provides that criminals
    convicted of the sexual abuse of children must receive specialized
    treatment before they can be paroled and must continue counseling and
    treatment after their release from prison. The NGO Child Focus handled
    257 sexual abuse cases and continued its Internet-based public
    awareness campaign. In 2009 the group received 2,131 reports of child
    pornography on the Internet and forwarded relevant cases to the
    specialized units of the federal police.
        According to official figures, in 2009 the federal police
    investigated 388 child pornography cases, and international networks
    operating in several countries were dismantled with the help of Europol
    and Eurojust. In several court cases judges handed down prison
    sentences for downloading child pornography. Following a 2007 Europol
    investigation in Austria and Poland, approximately 40 citizens were
    identified in child pornography cases. One of them was a former member
    of parliament from the city of Mons. In May a school director was
    arrested for viewing and sending child pornography. The trial of a
    lawyer, who previously worked on the case of the infamous child killer
    Marc Detroux, also began during the year; he was accused of viewing and
    sending child pornography.
        Rape and forcible sexual assault are criminal offences, and
    penalties range from five years' to 30 years' imprisonment, with the
    maximum penalty in effect for cases resulting in the death of the
    victim.
        During the reporting period, the federal prosecutor launched
    investigations into allegations of child abuse carried out over many
    years by priests in the Catholic Church. A 10-hour questioning session
    of high-ranking members of the clergy and intrusive searches of tombs
    led to complaints from religious freedom advocates.

        Anti-Semitism.--The size of the Jewish community was estimated at
    40,000 to 50,000. During the year there were 47 reports of anti-Semitic
    acts, including attacks against persons, verbal harassment of Jews, and
    vandalism of Jewish property, down from the 109 reported incidents in
    2009. The law prohibits public statements that incite national, racial,
    or religious hatred, including denial of the Holocaust. Unidentified
    vandals threw Molotov cocktails at three different synagogues on
    separate days: Antwerp synagogue in January, then Charleroi and
    Brussels synagogues during April. Verbal and cyber hate incidents were
    also reported. In September two incidents took place in Antwerp between
    drunken Polish men and members of the Jewish community. The intoxicated
    men were physically aggressive, insulting all Jews they encountered. On
    November 8, three teenagers threw stones at a Jewish man and woman
    coming out of a shop in Antwerp.

        Trafficking in Persons.--For information on trafficking in persons,
    please see the Department of State's annual Trafficking in Persons
    Report at www.state.gov/g/tip.

        Persons With Disabilities.--The law provides for the protection of
    persons with physical, sensory, intellectual, and mental disabilities
    from discrimination in employment, education, and access to health care
    and other state services. In 2009 the CEOCR received 255 complaints
    regarding discrimination against persons with disabilities. Most were
    employment-related and concerned access to private and public buildings
    and services, including public transport, and access to banks, bars,
    and restaurants. While the Government mandated that public buildings
    erected after 1970 must be accessible to such persons, many older
    buildings were still inaccessible because of preservation orders.

        National/Racial/Ethnic Minorities.--A survey released in November
    2009 on discrimination and intolerance as perceived by ethnic
    minorities from northern Africa, Turkey, sub-Saharan Africa, and
    Eastern Europe revealed that skin color and dress associated with Islam
    were the most important factors contributing to intolerance and
    discrimination, especially in the areas of housing and employment.
        In its 2009 annual report, the CEOCR stated that discrimination
    against the members of the Muslim community, estimated at 500,000,
    principally of Moroccan and Turkish origin, greatly exceeded that
    experienced by other immigrant communities. In 2009 the CEOCR, which
    investigates complaints of discrimination, racism, and hate
    instigation, handled 1,692 discrimination and racism complaints, a
    decrease from the previous year. Most complaints concerned nationality
    and ethnic descent (49 percent), physical handicaps (15 percent), and
    discrimination on the ground of religious and philosophical orientation
    (13 percent). Complaints related to ethnic descent, nationality, race,
    and skin color accounted for 60 percent of all complaints registered by
    the CEOCR. Places of work and the Internet were most often cited as the
    places where the alleged discriminatory acts occurred. Thirty percent
    of the complaints received by the CEOCR were deemed justified. In 2009
    the CEOCR initiated court cases in 1.1 percent of the registered
    complaints. Courts convicted a number of persons for inciting racial
    hatred, shouting abuse, denying the Holocaust, and using violence
    against asylum seekers. Judges convicted employers for discriminating
    on racial and physical grounds in hiring personnel. Landlords were
    convicted for discriminating against foreigners and persons with
    disabilities.
        Data released by the Ministry of Justice indicated that in 2008, 61
    percent of the cases of alleged discrimination handled by the courts
    were dismissed.

        Societal Abuses, Discrimination, and Acts of Violence Based on
    Sexual Orientation and Gender Identity.--According to the CEOCR, 6
    percent of the complaints received in 2009 concerned discrimination
    based on sexual orientation. Most were work-related, with the center
    receiving several reports on violence against gays and lebians. On May
    15, 35,000 persons attended the Belgian Pride (equivalent of Gay Pride)
    without reported incidents of violence.

        Other Societal Violence and Discrimination.--Of the complaints
    received in 2009 by the CEOCR, 3 percent involved discrimination based
    on health or medical conditions, including against persons with HIV/
    AIDS. Most of the complaints were related to workplace incidents.
    Section 7. Worker Rights

        a. The Right of Association.--The law provides workers the right to
    form and join independent unions of their choice without previous
    authorization or excessive requirements, and workers exercised this
    right in practice, with Belgian and non-Belgian workers enjoying the
    same rights. Work council elections are mandatory in enterprises
    employing over 100 employees, and safety and health committee elections
    are mandatory in companies employing more than 50 employees.
    Approximately 60 percent of private and public sector workers were
    members of labor unions. The law allows unions to conduct their
    activities without interference, and the Government protected this
    right in practice. The law provides for the right to strike for all
    private and all public workers, except for the military. The
    International Trade Union Confederation (ITUC) noted in its 2010 survey
    of violations of trade union rights that it was concerned about
    antiunion discrimination and collective representation in small and
    medium-sized enterprises.

        b. The Right to Organize and Bargain Collectively.--The right to
    bargain collectively is recognized, and the Government protected this
    right. The law prohibits antiunion discrimination and employer
    interference in union functions, and the Government protected this
    right in practice. The ITUC reported one antiunion incident when a
    union representative was threatened at knife point on May 4.
        There are no export processing zones.

        c. Prohibition of Forced or Compulsory Labor.--The law prohibits
    forced or compulsory labor; however, there were reports that such
    practices occurred. Women, men, and children from Eastern Europe, sub-
    Saharan Africa, and Asia were trafficked to the country for commercial
    sexual exploitation and forced labor. Female victims, including
    children, worked as prostitutes in massage parlors, as escorts, and
    through the Internet. Male victims were forced to work in restaurants,
    bars, sweatshops, horticulture, fruit farms, and construction sites.
    Police and courts used antitrafficking legislation to combat economic
    exploitation. In its 2009 report on trafficking, the CEOCR noted
    several cases of debt bondage, with victims lacking freedom of movement
    as their documents were retained.
        Also see the Department of State's annual Trafficking in Persons
    Report at www.state.gov/g/tip.

        d. Prohibition of Child Labor and Minimum Age for Employment.--
    There are laws and policies to protect children from exploitation in
    the workplace and the Government generally enforced these laws. The
    minimum age of employment is 15. Persons between the ages of 15 and 18
    can participate in part-time work and study programs and work full time
    during school vacations. The Ministry of Employment regulates
    industries that employ juvenile workers to ensure that labor laws are
    followed, and occasionally grants waivers for children temporarily
    employed by modeling agencies and by the entertainment business. There
    is growing concern about children exploited by organized begging gangs
    in larger cities.

        e. Acceptable Conditions of Work.--The monthly national minimum
    wage was 1,387.49 euros ($1,859) for workers 21 years of age, 1,424.31
    euros ($1,908) for workers 21 1/2 years of age with six months of
    service, and 1,440.67 euros ($1,931) for workers 22 years of age with
    one year of service. When combined with extensive social benefits, this
    provided a decent standard of living for a worker and family.
        The standard workday is eight hours, and the standard workweek is
    38 hours. Departure from these norms can occur under the terms of a
    collective bargaining agreement, but work time may not exceed 11 hours
    per day and 50 hours per week. An 11-hour rest period is required
    between two work periods. Overtime is paid at a time-and-a-half premium
    Monday through Saturday and at double time on Sundays. The Ministry of
    Labor and the labor courts effectively enforced these laws and
    regulations.
        Workers have the right to remove themselves from situations that
    endanger their safety or health without jeopardy to their continued
    employment, and workers exercised this right in practice. Regulations
    were generally enforced effectively by the Employment and Labor
    Relations Federal Public Service.

                                   __________

                             BOSNIA AND HERZEGOVINA

        Bosnia and Herzegovina consists of two entities within the state,
    the Federation of Bosnia and Herzegovina (the federation) and the
    Republika Srpska, and Brcko District, with an estimated population of
    four million. The federation has a Bosniak (Bosnian Muslim) and Croat
    majority, while the Republika Srpska has a Serb majority. The 1995
    General Framework Agreement for Peace (the Dayton Accords) provides for
    a democratic republic with a bicameral parliament but assigns many
    governmental functions to the two entities. The Dayton Accords also
    provide for a high representative who has the authority to impose
    legislation and remove officials. The tripartite presidency consists of
    Bosnian Croat Zeljko Komsic, Bosnian Serb Nebojsa Radmanovic, and
    Bosniak Bakir Izetbegovic. During the year the country held general
    elections that international observers deemed free and fair but noted
    that the press was biased and that private media tended to favor
    particular candidates. Security forces reported to civilian
    authorities.
        The following human rights problems were reported: deaths from
    landmines; mistreatment of prisoners; poor and overcrowded prison
    conditions with violence among prisoners; police failure to inform
    detainees of their rights or allow effective access to legal counsel
    prior to questioning; harassment and intimidation of journalists and
    civil society; obstruction of the return of internally displaced
    persons and refugees; government corruption; discrimination and
    violence against women and ethnic, sexual, and religious minorities;
    discrimination against persons with disabilities; trafficking in
    persons; and limits on employment rights. At year's end, Ratko Mladic,
    the Bosnian Serb war crimes indictee most wanted by the International
    Criminal Tribunal for the former Yugoslavia (ICTY), remained at large.
                            respect for human rights
    Section 1. Respect for the Integrity of the Person, Including Freedom
            From:

        a. Arbitrary or Unlawful Deprivation of Life.--There were no
    reports that the Government or its agents committed arbitrary or
    unlawful killings.
        Domestic courts and the ICTY continued to adjudicate cases arising
    from killings during the 1992-95 conflict.
        During the year there were nine landmine accidents that killed six
    persons and injured eight. Two of the six persons killed were deminers.

        b. Disappearance.--There were no reports of politically motivated
    disappearances.
        An estimated 12,000 persons remained missing from the 1992-95 war.
    During the year the International Committee of the Red Cross (ICRC)
    reported 22,464 requests to trace relatives missing from the 1992-95
    conflict. By year's end, 12,062 persons had been accounted for,
    including 468 located alive.
        The law provides for the state-level Missing Persons Institute
    (MPI) to account for persons missing from the 1992-95 conflict, but
    neither entity fully implemented the law in practice. During the year
    the Republika Srpska continued to support an entity-level Operational
    Team for the Search for Missing Persons with similar responsibilities
    to the MPI. Observers characterized the team as an effort to disrupt
    the MPI's work. Republika Srpska operational teams refused MPI
    personnel access to archives that were transferred to MPI's ownership
    in accordance with the law.
        During the year both Republika Srpska and federation prosecutors
    did not cooperate fully in the MPI's exhumation and identification
    process because of disagreements over jurisdiction but worked with
    state-level authorities to reach some compromises. On August 25, the
    chief prosecutor decided that the State Prosecutor's Office would take
    over competence for exhumations after January 2011. The announcement
    reflected concern that a lack of reliable information on gravesite
    locations had resulted in a drop of the case-resolution rate during the
    year, as well as over disagreements between prosecutors' offices at
    various levels over which agencies should oversee exhumations. By the
    end of September, MPI carried out 109 exhumations resulting in the
    recovery of 280 bodies and 551 sets of partial remains. The majority of
    remains were recovered from 16 mass graves (15 of them related to the
    1995 Srebrenica genocide).
        From 2000 through the end of September, the International
    Commission on Missing Persons (ICMP) generated a total of 29,634 DNA
    matches relevant to 15,707 missing persons, of which 25,339 DNA matches
    represented 13,156 individuals related to the country. In all the ICMP
    collected more than 88,300 blood samples from persons related to 29,045
    missing individuals, of which 69,532 blood samples related to 23,359
    persons who were still missing.

        c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
    Punishment.--The law prohibits such practices; however, there were
    credible allegations that police physically mistreated individuals at
    the time of their arrest and during detention.
        On September 24, the Council of Ministers adopted the report of the
    Council of Europe's Committee for the Prevention of Torture (CPT)
    regarding its May 2009 visit to the country's prisons. The CPT report
    noted that authorities had made only limited attempts to address
    concerns raised in an earlier report on the CPT's 2007 visit as well as
    authorities' failure to address systematic deficiencies affecting the
    prison service. The CPT noted that it was obliged to repeat many of its
    recommendations from 2007 and warned the country that if future visits
    revealed continued noncompliance with the country's obligations under
    the European Convention for the Prevention of Torture and Inhuman or
    Degrading Treatment or Punishment, it would use its authority under the
    convention to make a public statement regarding the conditions.
        According to the May 2009 CPT report, there were credible
    allegations that officers at the Sarajevo Remand Prison abused a group
    of recaptured escapees in March of that year. The escapees alleged that
    corrections officers kicked and punched them in a stairwell out of the
    view of surveillance cameras as punishment for their escape. At Zenica
    prison, the CPT reported that, although incidents of mistreatment
    decreased since the 2007 visit, prisoners being transferred to the
    disciplinary unit reported that corrections officers abused them with
    kicks, punches, and blows with truncheons, apparently at night when the
    unit manager was not on duty. The report noted that the ``vast majority
    of prisoners interviewed'' made no allegations of ill treatment by
    prison staff.
        In September 2009 parliament enacted a law forming an independent
    commission to monitor the conditions in prisons, treatment of
    prisoners, as well as respect for their basic human rights.
        In June 2009 the federation Ministry of Justice reported that the
    management of Zenica prison installed video surveillance to prevent
    what the CPT characterized in its May 2009 report as the generalized
    problem of mistreatment of prisoners by prison staff. During the year
    prison management implemented a detailed plan developed last year to
    decrease violence between the prisoners including separating the
    prison's walking area into 10 separate areas, special accommodations
    for higher-risk prisoners, and hiring 50 additional guards, many of
    whom were interns who may be hired full-time at a later date.
        The CPT delegation also reported meeting several patients at the
    Sokolac Psychiatric Hospital who alleged that police punched and hit
    them with batons when they were apprehended. The delegation noted that
    a doctor working at the hospital confirmed the allegations.
        The CPT report also recorded the presence of baseball bats, replica
    pistols, and metal piping (with wrist straps) in interrogation rooms at
    a number of police stations and stated that there was no legitimate
    reason for such items to be present.
        During the year the Government began construction of a new criminal
    psychiatric facility at Sokolac, scheduled to be completed in April
    2011, and temporarily transferred prisoners to a renovated psychiatric
    correctional facility in Tuzla. During the year the Government began
    funding the independent commission established by last year's
    amendments to the correctional code to monitor future allegations of
    abuse and violations.

        Prison and Detention Center Conditions.--Prison and detention
    center conditions were below international standards in several areas.
    The Government permitted independent human rights observers to perform
    monitoring visits, and such visits occurred during the year. Poor
    hygiene, and antiquated facilities remained serious problems.
        By year's end, there were 2,749 persons incarcerated throughout the
    country, including 20 persons imprisoned by state-level authorities and
    1,671 and 1,058 by the federation and Republika Srpska respectively. By
    the Government's standards, the total capacity of federation and
    Republika Srpska prisons was 2,792 persons.
        In its May 2009 report, the CPT noted that little had changed since
    its 2007 visit to address the fundamental weakness permitting
    interprisoner violence. Prisoners and staff felt that the culture of
    interprisoner violence and intimidation at Zenica prison threatened
    them. Fights among prisoners and violence between rival gangs organized
    around ethnic or regions of origin were common. The CPT reported that
    Zenica prison was not under the effective control of prison staff and
    reiterated its recommendation that the country draw up a comprehensive
    plan to address interprisoner violence that included staffing levels
    sufficient to control the prison population.
        There were reports of corruption among prison officials. There were
    credible reports that some prisoners in the Sarajevo prison used
    connections to arrange transfer to the Igman correctional institution,
    where conditions and recreational facilities were considered better and
    security more lax.
        Lenient rules allowing weekend furloughs for good behavior even to
    violent felons came under increasing public scrutiny following the
    disappearance of a high-profile prisoner. The law requires furloughs to
    be supervised for prisoners serving sentences of 10 years or more,
    alcoholics, drug addicts, and repeat offenders, and also permits
    authorities to supervise prisoners whose sentences are less than 10
    years.
        Adult and juvenile female inmates were held together in separate
    wings of facilities for adult males. Facilities held male inmates
    between the ages of 16 to 18 years old with adult male inmates, while
    male inmates under the age of 16 years old were held separately.
        The Government permitted independent human rights observers to
    visit, and gave international community representatives widespread and
    unhindered access to detention facilities and prisoners. The law
    provides for the right of prisoners to communicate, file complaints,
    and expect expeditious resolution of violations. Authorities generally
    permitted prisoners and detainees to submit complaints to judicial
    authorities without censorship and to request investigations of
    credible allegations of inhumane conditions, although the country's
    ombudsman documented a few violations of this law at the Sarajevo and
    Tuzla prisons during the year. The ombudsman also noted common
    complaints from prisoners that state-level authorities rarely
    interviewed inmates regarding prison conditions and other alleged
    violations, despite the creation of a state-level commission for such
    investigations under a 2009 law.
        The law also allows detainees and prisoners to send their requests
    or complaints to the country's ombudsman, who has authority to advocate
    for the rights of prisoners, including juveniles, regarding status and
    circumstances of confinement, bail, overcrowding, and other conditions.
    However, the ombudsman often lacked sufficient staffing and resources
    to meet demand in these areas. During the year the ombudsman documented
    several cases in which prison authorities did not forward requests to
    the ombudsman, including a letter signed by 25 prisoners at the
    Sarajevo prison.
        The ombudsman can also advocate on behalf of prisoners to improve
    pretrial conditions and recordkeeping to ensure that prisoners do not
    serve beyond the maximum sentence for the charged offense. The
    ombudsman lacked authority to advocate for alternatives to
    incarceration for nonviolent offenders to alleviate overcrowding.
        According to the ombudsman's report this year, detention facilities
    throughout the country lacked satisfactory sanitation, air and food
    quality, lighting, and climate control. The report observed that the
    windows in the jail in Doboj were covered with concrete blocks,
    preventing adequate ventilation. In Bihac prison, bathrooms lacked
    doors and stalls were separated by blankets. The report also noted
    numerous complaints, particularly in Sarajevo prison, that food and
    juices provided in prison cafeterias frequently passed their expiration
    dates. The ombudsman noted that prisoners and detainees had reasonable
    access to visitors and were permitted religious observance. Prisons
    that previously lacked adequate spaces for religious observances,
    particularly Sarajevo prison, corrected these inadequacies during the
    year.
        There were numerous reports, especially at Sarajevo and Zenica
    prisons, of those convicted of murder and criminal traffic violations
    incarcerated together. The ombudsman criticized prison administrations
    throughout the country for not taking ``risk evaluation'' into
    consideration when colocating prisoners.
        The ombudsman's recommendations are not binding, and laws governing
    prison facilities do not differentiate between violent and nonviolent
    offenders.
        During the year prison authorities did not always fulfill the
    recommendations of the September 2009 ombudsman's report on the
    country's prisons and correctional departments. The ombudsman's report
    for this year also noted several problems, including an inadequate
    legal framework, and found that mistreatment and violence remained
    common in prisons and often resulted from serious organizational
    problems. The report also noted the same concerns regarding Zenica and
    Sarajevo prisons where little effort had been made to improve
    conditions.
        During the year the ombudsman delegation carried out follow-up
    visits to its September 2009 visit to the country's prisons. The
    delegation noted that Foca prison had added 50 new beds and was
    preparing to add 38 new staff members. In addition the prison began
    providing employment opportunities for prisoners. The delegation
    reported that Tuzla prison hired 16 new staff members and formed two
    new women's sections of the prison. In Kozlovac the prison authorities
    started to reconstruct the old prison building, which was expected to
    increase the capacity of the prison by 64 persons. Female prisoners
    mainly complained about their inability to work and the lack of
    occupational therapy and other privileges.
        The ICRC continued to have access to detention facilities under the
    jurisdiction of the ministries of justice at both the state and entity
    levels.

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

        Role of the Police and Security Apparatus.--The law extends
    significant overlapping law enforcement competencies to the state-level
    government, to each entity, and to the Brcko District, each of which
    has its own police force. An EU military force continued to support the
    country's government in maintaining a safe and secure environment for
    the country's population. NATO offices in Sarajevo continued to assist
    the country's authorities in the implementation of defense reform,
    counterterrorism, and cooperation with the ICTY. The EU Police Mission
    remained in the country to monitor the local police.
        The country made limited progress on state-level police reform,
    although authorities continued to postpone local-level police reform
    until after the completion of reform in this area. By year's end, the
    Government formed a number of bodies including agencies for forensics,
    education, police support, direction for coordination, and foreigners
    that the law mandated, but some bodies often had insufficient staff.
    However, the agencies for forensics, police support and education had
    minimal staff and had not begun operations due to political
    interference and misunderstandings with entities on mechanisms and
    procedures for transferring staff, equipment, and competencies to the
    state level. Entities did not meet the target standards of ethnic
    representation on police forces that their respective constitutions
    mandated.
        Professional standards units (PSUs) are the internal affairs
    investigative units in each entity's Interior Ministry and in the Brcko
    District. There were continued reports of corruption within the entity-
    and state-level security services.
        During the year the Republika Srpska PSU received 543 conduct-
    related complaints and determined that 50 of these were well founded.
    During the year authorities pursued 107 disciplinary proceedings
    against 155 employees of the Ministry of Interior. As a result of
    proceedings, authorities suspended 22 employees, including three for
    corruption. The unit forwarded recommendations for disciplinary action
    to prosecutors in 22 cases that they considered major violations. In
    addition authorities filed 22 felony reports and misdemeanor reports
    against Republika Srpska Interior Ministry employees for offenses
    including narcotics trafficking, forgery, theft, domestic violence,
    assault, extortion, and traffic violations, indicating a significant
    decrease from the previous year. During the year the federation PSU
    investigated 68 cases and forwarded 13 complaints to prosecutors for
    disciplinary action. During the year the Brcko District PSU
    investigated 126 cases and concluded that 120 complaints were well
    founded. The PSU forwarded 13 cases deemed to be major violations of
    duty to prosecutors for disciplinary action.

        Arrest Procedures and Treatment While in Detention.--Police
    generally arrested persons openly with warrants based on sufficient
    evidence. The law provides that authorities promptly inform detainees
    of the charges against them, and there was a functioning bail system.
    The law requires police to bring suspects before a prosecutor within 24
    hours of detention. During this period, police may detain individuals
    for up to six hours at the scene of a crime for investigative purposes.
    The prosecutor has an additional 24 hours to release the person or to
    bring the person before a judge who decides whether they should remain
    in pretrial custody. The law generally limits pretrial detention to one
    year. The law allows detainees to request a lawyer of their own
    choosing, requires authorities to inform detainees of the charges
    against them after an indictment, and provides for the right to a
    speedy trial. In practice authorities often denied detainees prompt
    access to an attorney. There were no cases of arbitrary arrest or
    detention reported during the year.
        In its May 2009 report, the CPT delegation reported that the right
    to access an attorney only became effective some time after detained
    persons had been deprived of their liberty and that access to an
    attorney seemed to occur only after authorities brought the detainees
    before a judge to remand them into custody. Many of the persons
    interviewed by the delegation claimed that authorities did not permit
    them to contact an attorney or even inform them of their rights until
    after the crime police questioned them.

        e. Denial of Fair Public Trial.--The state constitution does not
    explicitly provide for an independent judiciary, but the laws of both
    entities do. The State Court is the highest court in the country for
    certain criminal cases, including war crimes, organized crime,
    terrorism, economic crime, and corruption. The country also has a State
    Constitutional Court and State Prosecutor's Office. Each entity has its
    own Supreme Court and office of chief prosecutor. The state-level
    courts do not exercise judicial supremacy over the entity-level courts.
    Political parties sometimes influenced the judiciary at both the state
    and entity levels in politically sensitive cases. Judicial reforms
    reduced the level of intimidation by organized crime figures and
    political leaders, but intimidation continued.
        The absence of extradition treaties with neighboring countries
    continued to be a major hurdle to bringing suspects to justice,
    particularly given the relatively small size of the country, the
    prevalence of dual citizenship, and the ease of movement across borders
    with former Yugoslav countries.
        The state-level High Judicial and Prosecutorial Council (HJPC) acts
    independently and regulates many of the most important affairs of the
    judiciary with clear, transparent criteria for judicial and
    prosecutorial appointments and detailed disciplinary liability for
    judges and prosecutors.
        Inefficiency in the courts undermined the rule of law by making
    recourse to civil judgments less effective. There was a backlog of
    nearly two million unresolved civil cases, more than one-half involving
    utility bills. Authorities estimated that only 10 percent of the cases
    involved criminal matters.
        According to the 2008 report of the Center for Human Rights of
    Sarajevo University, more than 20 percent of decisions of the State
    Constitutional Court had not been implemented. The majority of the
    cases pertained to so-called ``systematic failures'' of government,
    such as problems concerning missing persons, old currency savings, and
    compensation for war damages.

        Trial Procedures.--The laws of the federation and Republika Srpska
    provide that defendants enjoy a presumption of innocence, public
    trials, and the right to counsel at public expense, if charged with a
    serious crime. However, courts did not always appoint defense attorneys
    where the maximum sentence was less than five years. The law provides
    defendants the right to confront witnesses, to present witnesses and
    evidence on their own behalf, to access government-held evidence
    relevant to their case, and to appeal verdicts. The Government observed
    these rights in practice.
        The State Court continued to make progress adjudicating organized
    crime and war crimes cases and expanded the witness protection program.
    During the year the State Investigation and Protection Agency (SIPA)
    Witness Protection Department provided support to more than 140
    individuals.
        The State Court War Crimes Chamber and entity courts continued
    conducting war crimes trials during the year. By November the State
    Prosecutor's Office opened 18 new war crimes investigations involving
    28 suspects and secured judgments in nine war crimes cases involving 13
    alleged war criminals, 10 of whom were convicted and three acquitted.
        The State Prosecutor's Office continued to use plea agreements in
    some cases. In 2008 the Council of Ministers adopted a national
    strategy for the prosecution of war crimes that foresaw the prosecution
    of the most serious war crimes by 2016 and all other war crimes by
    2024.
        On May 21 and June 23, respectively, the State Court sentenced
    Cerim Novalic to seven years in prison and confirmed an indictment for
    Zulfikar Alispago, former commander of the ``Zulfikar'' special
    purposes squad with the main headquarters of the country's army, for
    war crimes against civilians in Konjic.
        During the year the country's courts sentenced four individuals to
    a total of 77 years in prison and confirmed indictments for eight
    others for war crimes in Srebrenica. An August 13 indictment charged
    that Franc Kos (also known as ``Slovenac'' and ``Zuti''), Stanko Kojic,
    Vlastimir Golijan, and Zoran Goronja (known as ``Zoka'' ) with
    participating in the July 1995 killings of more than 800 men and boys
    at the Branjevo military farm in Pilica in the Zvornik municipality.
        On August 27, Veselin ``Batko'' Vlahovic, suspected of committing
    war crimes in Sarajevo from 1992 to 1995, was extradited from Spain. He
    was arrested on his arrival at the Sarajevo airport on August 26 and
    taken to the detention unit of the State Court.
        Elsewhere in the country during the year, courts sentenced eight
    individuals to a total of nearly 175 years in prison and indicted eight
    others for war crimes against civilians.
        In December 2009 the State Court found Ratko Bundalo and Nedo
    Zeljaja guilty of crimes against humanity in the Kalinovik region. The
    court sentenced Bundalo and Zeljaja to 19 years and 15 years in prison,
    respectively. The court acquitted a third defendant, Dordislav Askraba,
    on all counts.
        Despite local and international efforts to prosecute war crimes,
    many lower-level perpetrators remained unpunished, including those
    responsible for the approximately 8,000 persons killed in the
    Srebrenica genocide and those responsible for approximately 13,000 to
    15,000 other persons who are missing and presumed to have been killed
    during the 1992-95 war.

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

        Regional Human Rights Court Decisions.--During the year the
    European Court of Human Rights (ECHR) issued one judgment involving the
    country. On May 27, ECHR upheld the right of former Yugoslav military
    officer Branimir Djokic, who had a legally valid purchase contract, to
    repossess his prewar apartment and to register his title. The
    Government compensated Djokic in compliance with ECHR's decision.
    During the previous year, ECHR issued judgements that found 10
    violations by the country of various provisions of the European
    Convention on Human Rights, including one violation of the right to
    liberty and security, three violations of the right to a fair trial,
    one violation of the right to an effective remedy, and four violations
    involving protection of property.
        During the year the country complied with ECHR judgments requiring
    individual measures either through actual remedies or by submitting
    action plans for compliance to ECHR. The country remained noncompliant
    with the ECHR's December 2009 Sejdic-Finci judgment that the country's
    constitutional provisions on ethnic minorities running for certain
    elected offices violated the European Convention on Human Rights.

        Civil Judicial Procedures and Remedies.--The law provides for an
    independent and impartial judiciary in civil matters, and citizens
    could file civil suits for human rights violations.

        Property Restitution.--The country's four traditional religious
    communities had extensive claims for restitution of property that the
    Government of the former Yugoslavia nationalized after World War II. In
    the absence of state legislation specifically governing restitution of
    properties that the previous communist regime nationalized, return of
    former religious properties continued on a case by case basis at the
    discretion of municipal officials; these officials rarely completed
    such restitution and usually did so in favor of the majority group in
    that particular municipality.
        Many officials used property restitution cases to provide political
    patronage. Other unresolved restitution claims were politically and
    legally complicated. On June 9, the federation government, Sarajevo
    Canton government, Sarajevo Stari Grad municipality, and the economic
    faculty in Sarajevo signed an agreement to return the building that
    housed the University of Sarajevo's economic faculty to the Serb
    Orthodox Church. According to the agreement, the construction of the
    new economic faculty building should begin in 2011; however, during the
    year the Governments did not undertake any activities to fulfill the
    agreement.
        The Jewish and Muslim communities also asserted historic claims to
    many commercial and residential properties in Sarajevo. The Catholic
    community maintained a large number of similar claims in Banja Luka.
        Roma displaced during the 1992-95 conflict had difficulty
    repossessing their property as a result of discrimination and because
    they lacked documents proving ownership or had never registered their
    property with local authorities.

        f. Arbitrary Interference With Privacy, Family, Home, or
    Correspondence.--The law prohibits such actions, and the Government
    generally respected these prohibitions in practice. However, some
    Republika Srpska-based journalists continued to complain of telephone
    tapping and increased government surveillance.
    Section 2. Respect for Civil Liberties, Including:

        a. Freedom of Speech and Press.--The law provides for freedom of
    speech and of the press; however, the Government did not always respect
    press freedom in practice. Laws delegated safeguarding freedom of the
    press to the cantons in the federation and to the entity-level
    authorities in the Republika Srpska. Defamation laws exist at the
    entity-level, and freedom of information legislation exists at both the
    entity- and state-levels. However, the Government, including the
    courts, did not fully implement these laws in practice, and government
    respect for freedom of speech and the press did not improve during the
    year.
        The federation criminal code prohibits hate speech. The Republika
    Srpska criminal code does not specifically proscribe hate speech,
    although the law prohibits causing ethnic, racial, or religious hatred.
    The broadcasting code of practice also regulates hate speech by
    broadcasters. The country's Communications Regulatory Agency (CRA) did
    not register any cases of hate speech during the year. However,
    independent analysts noted a tendency by politicians and other leaders
    to label unwanted criticism as hate speech. Many media outlets used
    language, often nationalistic, considered incendiary on matters related
    to ethnicity, religion, sexual orientation, and political affiliation.
    Both entities have defamation laws which are used in courts. The Press
    Council registered four cases of hate speech in print media.
        Many privately owned newspapers were available and expressed a wide
    variety of views. A number of independent print media outlets continued
    to encounter financial problems that endangered their operation.
        During the year the Press Council considered 110 complaints related
    to print media, accepting 36 as valid and rejecting 10 as unfounded. In
    some cases, the council instructed media outlets to publish a
    refutation or a retraction, or advised the same, resolving 41 cases in
    this way. In 26 cases, the council gave instructions for further
    complaint procedures, or for evaluating cases in court. Most of the
    complaints accepted by the council involved allegations that print
    media outlets denied persons the right to respond to reports and
    articles that they considered false or defamatory. The number of
    complaints due to breach of children's rights to privacy and protection
    from discrimination increased during the year. In four cases, the
    council registered hate speech in articles published in a daily
    newspaper. The Press Council continued to face pressures and
    difficulties in preserving its status as a single organization in
    charge of print self regulation for the entire country.
        Political pressures on state-level media institutions continued.
    Political pressures on the CRA continued, with politicians often
    alleging a lack of impartiality. Public broadcasters remained
    vulnerable to political influence as well. Bosnia-Herzegovina Radio
    Television tried to maintain a neutral editorial policy, but its
    influence remained limited. Two public broadcasters, Federation
    Television (FTV) and Radio Television of Republika Srpska (RTRS),
    remained the largest television broadcasters in the country. RTRS
    reported predominantly pro-Republika Srpska ruling party views, while
    there were complaints that FTV continued supporting certain opposition
    parties.
        The problems of the CRA and the undermining of the CRA's
    independence remained unresolved. Its authority was challenged on
    political grounds by the ruling political parties. The Council of
    Ministers failed, for a third year in a row, to appoint a CRA general
    manager and attempted to influence the selection of a candidate by
    making it part of a broader political package. In April 2009 the
    mandate of CRA council members expired. By year's end, the state
    parliament had not completed procedures for appointing new council
    members. In 2009, the CRA's status was reduced to that of an
    administrative body, but an October 19 decision excluded the CRA from
    the Law on Administrative Bodies. Public broadcasters remained
    fragmented due to the failure of the steering boards of the public
    broadcasters to establish a unified public broadcasting system. On
    September 23, the Organization for Security and Cooperation in Europe
    (OSCE) issued a report on the country's media which noted that this
    lack of progress to establish a public broadcasting system undermined
    the long-term viability of public broadcasting in general.
        The few media outlets in the Republika Srpska that retained
    editorial independence continued to report government interference with
    their operations. A local commercial network of five stations operated
    in both entities (Mreza Plus), as did the private television networks
    OBN and PinkBH. Dozens of small independent television stations
    broadcast throughout the country. Radio continued to provide a forum
    for diverse points of view. In many cases, news programs of independent
    broadcasters reflected opposition perspectives.
        The majority of Republika Srpska media showed a distinct bias in
    favor of the Republika Srpska government. On July 2, the Republika
    Srpska government, for the second consecutive year, decided to give
    five million convertible marks ($3.4 million) to Republika Srpska-based
    media, stating that the assistance would be distributed to projects
    ``of general social interest'' that ``improve access to information.''
    Despite an official 90-day application submission deadline, the
    Republika Srpska government allocated funds to 14 selected media
    outlets well before that deadline. Media watchdog organizations and
    opposition groups described the program as a subsidy to organizations
    sympathetic to the ruling Republika Srpska party preceding the
    country's general elections during the year. There were also complaints
    that federation media outlets exhibited political bias demonstrating
    support for certain political parties or business interests.
        While there were continued reports of threats against journalists,
    recent research by the Bosnia and Herzegovina Association of
    Journalists revealed widespread popular indifference toward such
    violence. During the year the Free Media Help Line (a part of the
    Bosnia and Herzegovina Journalists Association) registered 43 cases
    involving violations of journalists' rights and freedoms or pressure
    from government and law enforcement officials. During the year there
    were nine cases of pressure on and threats to journalists that included
    one death threat and five physical attacks. Other cases involved
    assault threats and denial of access to information.
        In some instances, media sources reported officials threatened
    media outlets with loss of advertising or limited their access to
    official information. Politicians and government officials also accused
    media outlets of opposing a given ethnic group or betraying their own
    ethnic group. Some journalists complained of telephone tapping,
    increased government surveillance, actual or threatened lawsuits, and
    repeated visits from tax authorities.
        There were several incidents reported during the year that involved
    violence against journalists or possible attempts to intimidate the
    media:
        In August Damir Kaletovic, a journalist with the popular FTV
    program 60 Minutes, was charged with illegal taping and secret
    listening after broadcasting a threat made by Vitomir Popovic, the
    country's human rights ombudsman, against him and FTV news director
    Bakir Hadziomerovic. The threats were allegedly made after FTV
    criticized Popovic's reelection as ombudsman, accusing him of
    corruption and involvement in war crimes. Popovic was recorded as
    saying that Kaletovic and Hadziomerovic each ``deserved a bullet to the
    head'' for broadcasting the story. On September 20, following numerous
    requests from Kaletovic, the Banja Luka district prosecutor opened an
    investigation into the threats allegedly made by Popovic. Both the case
    against Kaletovic and the investigation of Popovic remained open at
    year's end.
        On September 22, a store owner in Stolac kicked and attempted to
    choke Dnevni List journalist Nevres Dedic after he took photos of a
    police raid involving the store. The store owner also damaged Dedic's
    camera. The attack reportedly occurred in front of five or six police
    officers, who warned but failed to stop the attacker. Dedic filed a
    complaint with the police. The Association of BiH Journalists strongly
    criticized the attack and police failure to protect the journalist. The
    association asked cantonal police to investigate the case and provide a
    public explanation why they failed to protect a journalist on duty.
    Dedic's attorney filed criminal charges against the attacker. Several
    individuals were arrested during the police operation called ``Tax''
    aimed at breaking the tobacco smuggling chain. However, Dedic's
    attacker remains released on bail.
        In May Ljiljana Kovacevic reported receiving official notification
    of legal charges filed against the BETA news agency in connection with
    a slander suit brought by Republika Srpska Prime Minister Dodik. In May
    2009 the prime minister filed the suit against the agency and
    Kovacevic, its Banja Luka correspondent, for reporting that SIPA
    submitted a report on suspected criminal activity against him and other
    persons in connection with questionable construction tenders. Dodik
    asked the court for 15,000 convertible marks ($10,200) in damages. BETA
    accepted the notification but reportedly had not received any
    additional documents clarifying the case's status.
        On election day, October 3, the ruling Republika Srepska political
    party, Alliance of Independent Social Democrats (SNSD), faxed a letter
    to ATV Banja Luka prohibiting the station from reporting at its
    election headquarters. The country's journalists association condemned
    SNSD's action as discriminatory.
        By year's end, FTV had not complied with a court order directing
    FTV to reinstate former news director Duska Jurisic. On January 18, FTV
    fired Jurisic allegedly for ``lacking adequate communication skills
    which damaged the FTV's reputation.'' In October labor inspection
    officials determined that FTV's replacement of Jurisic was illegal. On
    November 8, the municipal court of Sarajevo also ruled FTV's decision
    to replace Jurisic to be illegal. On December 15, after FTV appealed
    the court's ruling, the municipal court of Sarajevo ordered FTV to
    reinstate Jurisic as news director until the final ruling.
        During the year the police did not follow up the reported June 2009
    death threat made against Alija Behram, the director of RTV Mostar and
    host of a political television show. Behram received the threat after a
    broadcast concerning controversial political issues in Mostar that some
    believed were anti-Muslim.

        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 International Telecommunication Union statistics for the
    year, approximately 38 percent of the country's inhabitants used the
    Internet.

        Academic Freedom and Cultural Events.--There were no government
    restrictions on academic freedom or cultural events; however, ethnic
    favoritism and politicization of faculty appointments constrained
    academic freedom. In Sarajevo Serbs and Croats complained that Bosniaks
    received preferential treatment in appointments and promotions at the
    University of Sarajevo. The University of Banja Luka and the University
    of East Sarajevo continued to limit faculty appointments almost
    exclusively to Serbs. The University of Mostar remained divided into
    two separate universities, reflecting the continued ethnic divide in
    the city. Parochial interests influence the remaining five public
    universities in Bosniak-majority areas. It was widely believed that
    corruption is common in the university system.

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

        Freedom of Association.--The law provides for freedom of
    association, and the Government, with certain exceptions, generally
    respected this right in practice. A wide range of social, cultural, and
    political organizations functioned without interference.
        The law allows NGOs to register freely; however, some NGOs and NGO
    associations experienced difficulties registering, including long
    delays and inconsistent application of the law. Some NGOs, frustrated
    by delays at the state level, chose instead to register their
    organizations at the entity level.

        c. Freedom of Religion.--For a complete description of religious
    freedom, please see the 2010 International Religious Freedom Report at
    www.state.gov/g/drl/irf/rpt

        d. Freedom of Movement, Internally Displaced Persons, Protection of
    Refugees, and Stateless Persons.--The law provides for freedom of
    movement within the country, foreign travel, emigration, and
    repatriation, and the Government generally respected these rights;
    however, some limits remained in practice. The Government cooperated
    with the Office of the UN High Commissioner for Refugees (UNHCR) and
    other humanitarian organizations in providing protection and assistance
    to internally displaced persons, refugees, returning refugees, asylum
    seekers, stateless persons, and other persons of concern.
        The law prohibits forced exile, and the Government did not employ
    it.

        Internally Displaced Persons.--The return of persons displaced by
    the 1991-95 wars in the former Yugoslavia continued to steadily
    decrease. According to the UNHCR, 358 persons (of whom, 340 were
    minorities) returned during the first six months of the year.
    Government officials and some NGOs, however, believed that the total
    number of returns was significantly lower, since the UNHCR determined
    returns based on property restitution rather than physical presence.
    According to the UNHCR, there were an estimated 113,465 registered
    displaced persons in the country at the end of 2009 seeking return to
    their prewar places of residence.
        On June 24, the country's parliament adopted the Revised Return
    Strategy which deals with the issues of property and return of
    displaced persons and refugees. The strategy treats equally the right
    to return and the right to assistance for local integration of those
    who choose not to return. Some of the organizations working on return
    issues expressed concerns over the strategy, believing it would further
    slow the return process and encourage local integration.
        The high unemployment rate, lack of access to social benefits,
    inability to transfer social benefits when returning from another
    entity, lack of available housing, and high municipal administration
    taxes on documents that were necessary for accessing reconstruction
    assistance for return continued to inhibit returns.
        Minority returnees often faced intimidation and complained of
    discrimination in hiring. In returnee areas throughout the country, the
    percentage of minorities holding municipal employment was neither
    representative of current populations, nor consistent with legally
    mandated percentages based on the 1991 census, indicating local
    government failures to implement and enforce the provisions of the law.
    Minority returnees also faced obstructions in their access to
    education, health care, and pension benefits, as well as poor
    infrastructure.
        During the year observers continued to note a trend of attacks
    directed against symbols of minority groups, rather than attacks
    against individuals. This hostility continued to affect returns. Many
    returnees cited authorities' failure to apprehend war criminals as a
    disincentive to return. Many displaced persons created permanent lives
    away from their prewar homes, and only individuals with few other
    options (including a large number of elderly pensioners) tended to
    return.
        In the Republika Srpska, the Ministry for Refugees and Displaced
    Persons provided support to Bosniaks and Croats returning to the entity
    and to Bosnian Serbs returning to the federation. The federation
    Ministry for Refugees assisted Croats and Serbs returning to the
    federation, and Bosniaks and Croats returning to the Republika Srpska.
    Both entity-level refugee ministries provided limited reconstruction
    assistance to returnees and also committed part of their budgets
    towards joint projects that were determined by the State Commission for
    Refugees.

        Protection of Refugees.--The country's laws provide for the
    granting of asylum or refugee status, and the Government has
    established a system for providing protection to refugees.
        The Government provided protection against the expulsion or return
    of refugees to countries where their lives or freedom would be
    threatened on account of race, religion, nationality, membership in a
    particular social group, or political opinion.
        Asylum seekers with pending claims, regardless of national origin,
    may remain in asylum centers until the courts adjudicate their claims,
    a process which normally took three months, although in some cases
    longer. Asylum seekers have the right to appeal a negative decision,
    and the law requires the court to render a decision within two months.
        Asylum seekers have the right to education and legal redress for
    human rights complaints. However, they do not have the right to
    employment unless the Government grants them asylum. There were no
    reports of abuse of refugees, and adequate protection was provided to
    refugees in asylum centers.
        During the year the Government did not grant temporary protection
    to any individuals not considered to qualify as refugees.

        Stateless Persons.--According to UNHCR, there were between 3,000
    and 5,000 persons at risk of statelessness, the large majority of whom
    were Roma. This figure also includes those lacking birth registration
    and persons at risk of denaturalization (largely those naturalized
    during the country's 1992-95 conflict). According to UNHCR, by year's
    end, approximately 1,300 cases remained for review by the Government.
    By year's end, more than 50 percent of the cases reviewed resulted in
    denaturalization, which may render some persons stateless. There were
    no reported cases during the year. In 2009 one person had been
    registered as legally stateless, but was subsequently naturalized on
    the basis of his origin (not on the basis of statelessness). The law
    provides that a child born to one or two parents who are citizens of
    the country is also a citizen, regardless of the place of birth. A
    child born on the territory of the country to parents who are not
    Bosnian citizens does not gain citizenship unless both parents are
    stateless persons. While the law provides no special provisions to
    expedite naturalization for stateless persons, it provides stateless
    persons opportunities to gain nationality on a nondiscriminatory basis.
    Stateless persons apply for naturalization through the same procedures
    as other foreigners.
    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 multiparty elections based on universal suffrage.

        Elections and Political Participation.--Observers from the OSCE
    concluded that the general election was largely conducted in line with
    international standards but noted problems, including deficiencies in
    the registration process, group voting, and irregularities in the
    counting process. The OSCE identified some biased reporting and noted
    that private media, particularly print, tended to favor certain
    candidates. Smaller parties complained about systematic underexposure
    in the media. Many Republika Srpska print media reported nationalistic
    parties' rhetoric advocating Republika Srpska's secession and implying
    connections between segments of the country's Muslim community and
    international terrorism. Some major outlets in the federation reported
    parties' use of 1992-95 wartime imagery to intensify ethno-political
    discord.
        Political parties generally operated without restriction or outside
    influence. Individuals and parties representing a wide spectrum of
    political views could freely declare their candidacies and run for
    election. The law provides that Serbs, Croats, Bosniaks, and ``others''
    must be adequately represented in entity, cantonal, and municipal
    government institutions, based on the 1991 census, until the returns
    process detailed by the Dayton Accords is completed. However, the
    Government did not respect this law in practice. Separate from the
    three constituent peoples, there were 16 recognized national minority
    groups.
        Nationalist rhetoric from leaders of all ethnic groups dominated
    political exchanges. In particular Serb politicians regularly called
    into question the validity and existence of the state of Bosnia and
    Herzegovina and threatened to call a referendum in the Republika Srpska
    to secede from the state.
        The law requires that at least 30 percent of political party
    candidates be women. During the year the country held general
    elections. An estimated 37 percent of all candidates were women, while
    women accounted for 17 percent of those actually elected. A December
    study by the president of the country's Central Election Commission
    concluded that women were not appointed to the number of higher level
    government positions that the law's candidate quota system envisioned
    because of significant gender prejudice. At year's end, eight of 42
    members of the state-level House of Representatives were women. There
    were no women in the nine-member Council of Ministers, although there
    was one female deputy minister. At the entity level, women held four of
    23 leadership positions in the federation, including the president, one
    vice president, one minister, and one speaker in parliament. In the
    Republika Srpska, during most of the year, two of 16 ministers and one
    speaker in parliament were women. By year's end, following October's
    general elections, a record five women were appointed as ministers in
    the Republika Srpska.
        Minorities remained severely underrepresented in government. There
    were no members of a minority group in the parliament and only one
    member of a minority in the Council of Ministers.
        As of year's end, the Government had not complied with the December
    2009 ECHR judgment that the constitutional provision that precludes
    ``others'' (that is, persons outside the three constituent peoples--
    Serbs, Croats, and Bosniaks) from becoming president or delegates of
    the parliament's upper chamber violates the European Convention on
    Human Rights. The ECHR found that the country's constitution
    discriminates against minorities other than the ``constituent
    peoples,'' and required the country to bring its constitution in
    compliance with the European Convention for Human Rights.
    Section 4. Official Corruption and Government Transparency
        The law provides for criminal penalties for official corruption;
    however, the Government did not implement the law effectively, and
    officials frequently engaged in corrupt actions with impunity.
    According to World Bank governance indicators for 2009, corruption
    remained a serious problem, although the country's rating improved
    slightly compared with the previous year.
        On January 13, state prosecutors initiated two indictments against
    the former head of the Foreign Investment Promotion Agency (FIPA),
    Haris Basic, and a senior FIPA associate on charges of abuse of office,
    exceeding official authority, providing material gain to others, and
    incurring damages to the Government in the amount of 54,000 convertible
    marks ($36,720). The case was ongoing at year's end.
        In February the state prosecutor ordered an investigation of
    charges of abuse of power by Damir Hadzic, mayor of the Novi Grad
    municipality in Sarajevo. The case was in the pretrial phase at year's
    end.
        On April 28, the head of the border police's airport office, Fadil
    Jaganjac, was sentenced to five months in prison for allowing three
    persons to enter the country with forged passports.
        On April 8, a state court acquitted Edhem Bicakcic and Dragan
    Covic, the president of the Croatian Democratic Union of Bosnia and
    Herzegovina party, of corruption charges for alleged offenses committed
    during the time they served as prime minister and deputy prime minister
    of the federation.
        On July 16, the country's appellate court acquitted Mladen Ivanic,
    president of the Party for Democratic Progress and a House of Peoples
    delegate, of charges that he misused public funds when he was Republika
    Srpska prime minister from 2000-02.
        As of year's end, state prosecutors had not filed any charges in
    connection with the SIPA criminal report, announced in February 2009
    that alleged corruption by Republika Srpska officials, including Prime
    Minister Milorad Dodik, in connection with several illegal construction
    tenders. The head of SIPA's organized crime unit, Dragan Lukac, who led
    the investigation, was removed from his position in September 2009.
        Candidates for certain public offices, including for seats in
    parliament at the state and entity levels, and members of the Council
    of Ministers and entity governments are subject to financial disclosure
    laws. The Central Election Commission is responsible for ensuring
    compliance with these laws.
        Although the law provides for citizen access to government records,
    many government agencies did not comply with the law. According to the
    law, the Government must provide an explanation for any denial of
    access, and citizens may appeal denials in the court system or to the
    ombudsman's offices. In practice the Government sometimes failed to
    provide the required explanation for denial of access unless citizens
    appealed to the ombudsman, the courts, or legal aid. Public awareness
    of the law remained low.
    Section 5. Governmental Attitude Regarding International and
            Nongovernmental Investigation of Alleged Violations of Human
            Rights
        A wide variety of human rights groups and NGOs generally operated
    without restriction, investigating and publishing their findings.
    However, government officials were often inefficient and slow to
    respond to their recommendations.
        By year's end, the UN Development Program estimated the number of
    NGOs registered in the country to be more than 12,000. Financial
    viability remained the most challenging obstacle to overall civil
    society as only nonpolitically oriented organizations receive support
    from local governments. Registration and the procedure to change an
    organizational statute take significantly longer than prescribed by
    legislation due to registration authorities' inefficiency. Public
    support mechanisms and regulations were underdeveloped. Instead of
    following set guidelines and criteria, the Government commissions that
    allocated public benefit funds seemed to base many of their decisions
    on political interest and allocated large percentages of funds to
    predetermined beneficiaries such as religious communities, sports
    organizations, and veterans associations. The methods of allocation
    remain nontransparent and subject to corruption. Additionally there
    were no monitoring and evaluation mechanisms.
        During the year NGO advocacy activities became more diverse, using
    methods such as policy papers, public announcements, and street
    actions. NGO participation in decision-making processes was still
    insufficient and case by case. Both the Government and the NGO sector
    lack sufficient knowledge about the existing mechanisms for NGO
    participation. The Council of Ministers has the right to return any
    legislative draft which did not go through the NGO consultation
    process, but to date has not used this mechanism. Despite some
    successful advocacy initiatives during the year, NGOs were largely
    excluded from decisions of greater political importance or sensitivity.
    NGOs continued to establish greater cooperation with the Government at
    lower levels. In addition to the existing Agreement on Cooperation
    signed by the Council of Ministers, more than 60 municipalities drafted
    and signed agreements with local NGOs by year's end.
        Positive media coverage of NGOs continued to increase during the
    year. The media showed greater willingness to follow and support the
    work of the NGO community, although this willingness generally extended
    only to NGO work that did not threaten government interests. Some media
    covered more controversial issues, such as organized crime and
    corruption in the health, education, and public administration sectors
    and recognized NGOs' value as watchdogs and sources of information.
        The state-level government cooperated fully with international
    organizations, such as the Office of the High Representative, which has
    special powers over the Government, as well as other international
    organizations, such as the ICRC, ICMP, and the OSCE. However, the
    Republika Srpska government was less responsive and cooperative than
    were the state-level and federation governments with such
    organizations.
        The entity-level ombudsmen ceased to exist during the year, as
    mandated by the law, and a single state-level ombudsman institution
    composed of three members representing the country's three constituent
    groups became fully functional with the headquarters in Banja Luka and
    branch offices in Sarajevo, Mostar, Brcko, and Livno. The state-level
    ombudsman is a functional institution with authority to investigate
    violations of the country's human rights laws on behalf of individual
    citizens and to submit recommendations to the Government for remedy.
    However, the ombudsman's recommendations are not legally binding.
        The state parliament has a Joint Commission for Human Rights,
    Rights of Children, Youth, Immigration, Refugees, Asylum, and Ethics,
    consisting of members of both houses of parliament. The 11-member
    commission regularly held hearings, proposed legislation, and
    participated in human rights-related activities with governmental and
    nongovernmental organizations.
        The Government generally cooperated with the International Criminal
    Tribunal for Former Yugoslavia (ICTY) by complying with investigations
    and handing over indicted suspects. During an October 18 visit to the
    country, ICTY Chief Prosecutor Serge Brammertz stated that time was
    running out and called on countries in the region to help arrest the
    two remaining ICTY fugitives, Ratko Mladic and Goran Hadzic. Brammertz
    described their arrest as becoming imperative, particularly because of
    the damaging effects that delay of justice has on victims. The ICTY
    trial of Radovan Karadzic, a fugitive for 13 years, for alleged crimes
    committed in the country was ongoing at year's end.
    Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
        The law prohibits discrimination based on race, gender, disability,
    language, or other social status; however, the Government did not
    enforce these prohibitions effectively.

        Women.--Rape and spousal rape are illegal; the maximum penalty for
    either crime is 15 years' imprisonment. A sense of shame reportedly
    prevented some rape victims from complaining to authorities. While
    police generally responded to reports of sexual assault, they tended
    not to treat reports of spousal rape with the same seriousness.
    Violence against women, including domestic violence and sexual assault,
    remained widespread and underreported. According to NGO estimates, one-
    third of the women in the country were victims of domestic violence.
    Both entities have laws that require police to remove an offender from
    the family home. Experts estimated that only 10 percent of domestic
    violence victims reported the crime. Police received specialized
    training in handling cases of domestic violence, and there were two
    hotlines operating throughout the country that provided assistance to
    victims. During the year the Republika Srpska domestic violence hotline
    had received 1,516 reports of domestic violence while the federation
    hotline received 519. There were several shelters throughout the
    country for victims of domestic violence, many of which received
    financial and other material support from the Government during the
    year. Many of these shelters doubled as shelters for victims of
    trafficking in persons.
        Couples and individuals had the right to decide freely and
    responsibly the number, spacing, and timing of their children, and had
    the information and means to do so free from discrimination, coercion,
    and violence. There was easy access to contraception and skilled
    attendance during childbirth. Most women had access to prenatal and
    postpartum care through employer or government insurance. However,
    insurance costs for self-employed women were often prohibitive, and the
    actual amount of benefits provided to unemployed mothers often varied
    according to canton or municipality. According to estimates compiled by
    international organizations, there were approximately nine maternal
    deaths per 100,000 live births in the country in 2008. Men and women
    received equal access to diagnosis and treatment for sexually
    transmitted infections, including HIV.
        The law prohibits sexual harassment, but it was a serious problem.
    Many NGOs reported that women experienced sexual harassment, but
    victims almost never filed complaints because they did not recognize
    their experiences as harassment and were not aware of their legal
    rights. Women have equal legal status to men, and authorities treated
    women equally in practice. The Government's Agency for Gender Equality
    worked to inform women of their rights. The state- and entity-level
    parliaments had committees for gender equality. Although few women held
    positions of substantial economic or political power, they were
    represented in most professions. However, results from a labor force
    survey released during the year showed that women had no larger share
    in employment than men in any formal economic sector. The survey
    indicated that over 62 percent of women of working age were inactive in
    formal labor markets, although many employers underreported employment
    to avoid mandatory social security contributions. An October report
    submitted by six prominent women's rights organizations to the U.N.
    Committee on the Elimination of Discrimination against Women concluded
    that the Government had taken no affirmative action measures that would
    address gender inequality in employment, noting the absence of job-
    growth programs tailored specifically for women. According to the
    report, the state- and entity-level government employment strategies
    recognized the problem of gender-based inequalities in the labor market
    and structural stereotyping but were not seriously committed to
    increasing women's competitiveness in the labor market.
        Authorities documented a small but increasing number of gender-
    related discrimination cases. Anecdotal accounts indicated that women
    and men generally received equal pay for equal work at government-owned
    enterprises but not always at private businesses. Women in all parts of
    the country had problems with nonpayment of maternity leave allowances
    and the unwarranted dismissal of pregnant women and new mothers. Many
    job announcements openly advertised discriminatory criteria, such as
    age and physical appearance, for female applicants. Women remained
    underrepresented in law enforcement agencies, although there was
    continued progress.

        Children.--By law a child born to one or two parents who are
    citizens of the country is also a citizen, regardless of the place of
    birth. A child born on the territory of the country to parents who are
    not Bosnian citizens does not gain citizenship unless both parents are
    stateless persons.
        During the year the UNHCR, through a local legal aid NGO,
    registered the birth of children, mainly Roma, whose parents failed to
    register them as they were required by the law. The NGO ``Vasa Prava''
    estimated that there were 4,500 unregistered children in the country.
    Unregistered children experienced significant obstacles in accessing
    social, educational, and health benefits.
        Education is free and compulsory through the age of 15. Schools
    required parents to pay for books, lunches, and transportation. These
    expenses caused some children to drop out of school. A lack of reliable
    monitoring hindered efforts to ensure that children receive an
    education. The law requires children with special needs to attend
    regular classes, but schools were often unable to accommodate them.
        During the year the country's Roma council estimated that less than
    35 percent of Romani children attended school regularly. Poverty
    prevented many Romani children from attending school. Authorities
    provided textbooks, meal allowances, and transportation allowances for
    Romani children. Verbal harassment from other students and language
    problems also contributed to the exclusion of Roma from schools.
        During the year students in areas where they are in the minority
    frequently faced a hostile environment. Obstruction by nationalist
    politicians and government officials slowed efforts to abolish school
    segregation and enact other reforms. During the year Stolac High School
    operated without accreditation because the Herzegovina Neretva Cantonal
    Ministry of Education found that the curriculum submitted by the Stolac
    Municipal Council discriminated against Bosniak students.
        In some areas of the country, local officials and parents sought to
    establish complete physical segregation of Bosniak and Croat students.
    Many schools effectively entrenched segregation and discrimination. The
    law provides for administrative and legal unification of the estimated
    56 schools with separate classes for Bosnian Croats and Bosniaks;
    however, implementation of the law did not lead to integrated
    classrooms. Some of these schools shared extracurricular activities,
    school entrances, and recreation facilities.
        In the Republika Srpska, non-Serbs made up less than 5 percent of
    the teaching staff in primary and secondary schools. In the federation,
    minority teachers made up between 5 and 8 percent of all teachers,
    depending on the canton. Children in primary and secondary schools
    studied what some NGOs described as ``divergent, ethnically specific
    curricula.''
        On December 1, following three-days of discussion with state- and
    entity-level officials, the Council of Europe Commissioner for Human
    Rights publicly called for ending school segregation, particularly in
    the federation, because it ``reinforces prejudices and intolerance and
    perpetuates ethnic isolation.'' The commissioner added that such
    ethnic-based and divided education systems are not consistent with
    Council of Europe standards and remain an obstacle to sustainable
    returns of persons displaced by the 1992-95 war.
        Family violence against children was a problem. Police investigated
    and prosecuted individual cases of child abuse. Some NGOs estimated
    that one family in four experienced domestic violence. Municipal
    centers for social work protected children's rights, but lacked
    resources and housing for children fleeing abuse or those whom they
    needed to remove from abusive homes.
        In certain Romani communities, girls married between the ages of 12
    and 14 years old. The Government did not have any programs that were
    aimed specifically at reducing the incidence of child marriage.
        Rape is a crime under entity criminal laws. The prescribed sentence
    for rape is from one to 10 years' imprisonment (if without aggravating
    circumstances). The minimum age for consensual sex is 18 years old.
    However, entity-level laws against ``enticement to prostitution''
    permit police to treat minors 14 years and older as ``juvenile
    prostitutes'' instead of victims of rape or trafficking in persons.
    Women's and children's rights NGOs complained that the law allows
    police to subject children 14 to 17 years old to interrogation and
    criminal proceedings, although no such prosecutions were documented
    during the year. Under entity criminal codes, abuse of a child or
    juvenile for pornography is a crime that carries a sentence of one to
    five years imprisonment.
        The country is a party to the 1980 Hague Convention on the Civil
    Aspects of International Child Abduction. For information on
    international parental child abduction, please see the Department of
    State's annual report on compliance at http://travel.state.gov/
    abduction/resources/congressreport/congressreport--4308.html.

        Anti-Semitism.--There were no reports of anti-Semitic violence
    against members of the Jewish community, which is estimated to be less
    than 1,000 persons, and one report of violence against property. On
    November 18, the secretary of Jewish community in Doboj reported that
    the walls of the local synagogue were vandalized with Nazi graffiti, a
    swastika, and ``Sieg Heil.'' Doboj police immediately came to the crime
    scene to start an investigation, which remained open at year's end.
        On November 7, a Bosnian-Croat soccer fan held a Nazi flag during a
    match in Siroki Brijeg, Sarajevo. The police were said to have stood by
    and allowed display of the flag and repeated shouting of ``Sieg Heil.''

        Trafficking in Persons.--For information on trafficking in persons,
    please see the Department of State's annual Trafficking in Persons
    Report at www.state.gov/g/tip.

        Persons With Disabilities.--The law in both entities prohibits
    discrimination against persons with physical, sensory, intellectual,
    and mental disabilities; however, there was discrimination against
    persons with disabilities in employment, education, and access to
    health care and other state services. Children with disabilities lacked
    sufficient medical care and educational opportunities. Policies toward
    persons with similar disabilities differed between entities in part due
    to structural differences between the entities' institutions. In the
    federation, the Institute for Medical Disability Status Classification,
    staffed by medical professionals and overseen by five relevant
    federation ministries in cooperation with an advisory NGO, determined
    the severity of each person's specific disability and level of
    assistance needed. In the Republika Srpska, the Government social
    workers in the Center for Social Welfare under the entity Ministry of
    Health and Social Welfare evaluated persons for disabilities and
    assistance.
        In the federation, the law mandates that all public buildings must
    be retrofitted to provide access to persons with disabilities, and new
    buildings must also be accessible by the end of the year. However,
    buildings were rarely accessible to persons with disabilities in
    practice. Several government buildings, including the federation
    government and parliament buildings, were not in compliance with the
    law. The Republika Srpska had comparable laws for public access, but
    few older public buildings were accessible.
        There was clear discrimination between different categories of
    persons with disabilities, although the vast majority of such persons
    were unemployed. Persons with disabilities resulting from service
    during the 1992-95 conflict were given a privileged status above
    civilian war victims and persons who were born with disabilities. The
    Republika Srpska government paid 40 convertible marks ($27) monthly to
    upwards of 5,000 persons recognized by its Center for Social Welfare as
    disabled. In the federation, some 35,000 persons, using standards
    adopted by the Government in 2009, were officially recognized as ``90
    percent'' or ``100 percent'' disabled and received 440 convertible
    marks ($372) in assistance each month. Veterans and civilian war
    victims with disabilities received an estimated 1,000 convertible marks
    ($680).
        Many individuals with disabilities lived in institutions, although
    a growing number of programs for children with disabilities were
    available in schools. During the year an estimated 30 percent of
    persons with disabilities residing in institutions were capable of
    independent living if housing and resources were available. At year's
    end, an estimated 1,900 persons with varying degrees of intellectual
    disabilities were institutionalized. During the year the federation
    government began a pilot program for assisted living in Tuzla which
    included 20 persons with intellectual disabilities. As of year's end,
    no such programs existed in the Republika Srpska.

        National/Racial/Ethnic Minorities.--Ethnic differences remained a
    powerful force, although mixed communities existed peacefully in some
    areas.
        Harassment and discrimination against minorities continued
    throughout the country, often related to property disputes. These
    problems most often included desecration of graves, graffiti, arson,
    damage to houses of worship, verbal harassment, dismissal from work,
    threats, and assaults. Specific incidents reported during the year
    included the following:
        On January 23, unknown individuals threw stones at the building of
    Croat Cultural Center Petar Ajvazovic in Doboj, damaging the stone
    tablet with the name of the institution. Police investigated the
    incident but did not identify the perpetrators.
        On February 19, two minors from Sarajevo accosted Orthodox priest
    Milorad Milinkovic in Sarajevo's suburb of Reljevo. The next day the
    Sarajevo canton police identified the perpetrators, who confessed to
    verbally abusing the priest. The police filed an offense report against
    their parents for negligent parenting.
        On April 4, two persons spray-painted swastikas, crosses, and
    Ustasha insignias on 13 tombstones at a Muslim cemetery in Zepce. The
    local Muslim community and municipal leaders strongly condemned the
    act. The perpetrators were taken into custody. The prosecutor ordered
    them detained for 24 hours.
        During the year the investigation continued in the August 2009 case
    in which a 20-year-old male fired two shots at the Serb Orthodox church
    building in Sarajevo's suburb of Reljevo.
        There were no developments and none were expected in the November
    2009 bombing attack at the home of the Serb Orthodox parish priest in
    Sanski Most (in the federation). Priest Slobodan Visekruna was standing
    near the explosion but was not injured. Police and the cantonal
    prosecutor investigated the attack, which was strongly criticized by
    local officials. The case remained unsolved at year's end.
        There were no developments and none were expected in the August
    2009 case of two young males who verbally assaulted Trebinje Imam
    Husein Effendi Hodzic in front of the Osman Pasina Mosque in central
    Trebinje. The case remained unsolved at year's end.
        Ethnic discrimination in employment and education remained key
    problems. In most cases, employers did not reverse the widespread
    firing of members of ethnic minorities during and after the 1992-95
    conflict, and employers often hired members of the local ethnic
    majority over minorities. Many smaller enterprises were owned by
    politically connected individuals, usually members of the majority
    group in their communities, and did not employ minorities. State- and
    entity-level officials generally did not act to prevent such
    discrimination.
        There were an estimated 80,000 to 100,000 Roma in the country. Roma
    experienced serious difficulties in enjoying the full range of
    fundamental human rights provided to them under the law. The country's
    Helsinki Committee for Human Rights estimated that only 1 percent of
    the working-age Romani population were employed and indicated that
    employers usually downsized Roma first during a reduction in force.
    Many Roma lacked birth certificates, identification cards, or a
    registered residence, preventing them from accessing health care and
    public education services or registering to vote.
        In 2008 the country joined the 12-country Decade of Roma Inclusion
    initiative of central and southeast European countries to raise the
    socioeconomic status and encourage the social inclusion of Roma over
    2005-15. As part of the initiative, the country adopted a national
    ``decade action plan'' that established goals and indicators in the
    initiative's four priority areas: education, employment, health, and
    housing. In coordination with Romani representatives, the Government
    tasked the state Ministry of Human Rights and Refugees (MHRR) with
    overseeing implementation of the action plan. In 2009, the MMHRR began
    with annual allocation of three million convertible marks ($2 million)
    for implementation. Romani representatives complained that the
    bureaucratic procedure significantly delayed the utilization of funds.

        Societal Abuses, Discrimination, and Acts of Violence Based on
    Sexual Orientation and Gender Identity.--While the law prohibits
    discrimination on the basis of sexual orientation, it was not fully
    enforced in practice, and there was frequent societal discrimination
    against gay, lesbian, bisexual, and transgender (LGBT) persons.
        Gays and lesbians faced frequent harassment and discrimination,
    including termination from employment. In some cases, dismissal letters
    explicitly stated that sexual orientation was the cause of termination,
    making it extremely difficult for them to find another job. The
    European Commission Progress Report for the year found that physical
    attacks and harassment of LGBT persons continued and that no government
    official condemned such acts.
        The Q Association, an umbrella organization for the country's LGBT
    population, operated semipublicly, and the employees of the
    organization did not openly display their address and contact
    information, as they were afraid of intimidation and threats. For the
    same reason, the association did not organize any high-profile public
    events to promote LGBT rights during the year. In 2008 the
    association's Queer Sarajevo Festival was harshly criticized by Muslim
    community leaders and was the scene of threats and physical violence
    against festival organizers and participants.

        Other Societal Violence or Discrimination.--According to government
    statistics, there were 167 officially registered cases of HIV/AIDS in
    the country at year's end, with slightly more than half registered in
    the federation. The NGO XY-Association for Sexual and Reproductive
    Health estimated that the actual number of cases throughout the country
    was at least 600. There was significant social stigma and employment
    discrimination against persons with HIV/AIDS, a general lack of
    awareness of HIV/AIDS, and extremely limited resources to identify and
    assist those affected.
        During the year government-run testing facilities lacked properly
    trained counselors or a systematic method of referring those diagnosed
    with HIV/AIDS for outside counseling and often relied on periodic,
    informal requests from the NGO Apoha to relay the contact information
    to those who had been recently diagnosed with HIV/AIDS. Government-run
    clinics and hospitals often used separate silverware and dining
    facilities for patients with HIV/AIDS, and waiting room staff often
    ignored HIV/AIDS patients' rights to privacy and confidentiality. While
    the Government provided HIV-suppressing drugs free of charge to persons
    diagnosed with HIV/AIDS, it did not fund the treatment of opportunistic
    infections associated with HIV/AIDS.
        Although the entity and Brcko District governments did not directly
    sponsor HIV/AIDS awareness and antidiscrimination programs for school-
    age children, authorities permitted the XY-Association to conduct
    ``peer education'' training workshops in public schools during school
    hours in 17 cities throughout the country during the year.
    Section 7. Worker Rights

        a. The Right of Association.--The law allows workers in both
    entities (including migrant workers, but excluding members of the
    military) to form and join independent unions without previous
    authorization or excessive requirements, and workers did so in
    practice. However, a cumbersome state-level government NGO registration
    system was a problem. For example, the International Labor Organization
    has criticized the Government for not allowing the Trade Union of
    Bosnia and Herzegovina, representing approximately 260,000 workers
    primarily from federation government-owned enterprises, to register as
    a union at the state level since 2002. Lack of formal recognition
    blocked the union from engaging in social dialogue on problems
    pertaining to state-level competencies with partners.
        The law provides for the right to conduct union activities without
    interference; however, authorities did not impose sanctions against
    employers who obstructed workers from organizing. Worker rights
    violations continued to be a lower priority for ministry inspectors, as
    state officials instead focused on bolstering state revenues by
    cracking down on unregistered employees and employers that did not pay
    taxes. Some unions reported that employers threatened employees with
    dismissal if they joined a union and have in some cases fired union
    leaders for their activities.
        The law in both entities and the Brcko District provides for the
    right to strike, and workers exercised this right in practice. However,
    in the federation, the law has burdensome requirements for workers who
    wish to conduct a strike. For example, a trade union cannot officially
    announce a strike without first reaching an agreement with the employer
    on which ``essential'' personnel would remain at work. If no agreement
    is reached, then the strike can be declared illegal. This effectively
    enables the employer a means to prevent a legitimate strike.
        In Republika Srpska, workers, including those in the health sector
    and public utilities, must provide a minimum level of service in the
    event of a strike.

        b. The Right to Organize and Bargain Collectively.--The law
    provides for the right to bargain collectively in both entities and the
    Brcko District. In both entities, general collective agreements,
    wherein the minimum wage and other conditions of work are fixed, were
    negotiated by the respective governments and representative
    organizations of employers and workers. A number of private employers
    have refused to recognize these agreements. Workers' and employers'
    organizations were not skilled in collective bargaining. Labor
    authorities in the federation noted that employers and workers often
    did not fully analyze whether such agreements were financially
    sustainable when they were signed.
        Antiunion discrimination is prohibited by law but was widespread in
    both entities and the Brcko District. The labor inspectorates and
    courts did not deal effectively with complaints of antiunion
    discrimination by employers although the courts in the federation have
    often ruled in favor of workers in union-related disputes. In practice
    the Government did not impose fines on employers who prevented workers
    from unionizing, a practice that was becoming more prevalent as private
    sector businesses replaced former state-owned enterprises that had a
    traditional union culture. There are no legal or technical barriers
    preventing an employee from bringing a complaint against an employer.
    However, high unemployment coupled with fear of losing one's job, a
    backlogged court system, and the lack of legal protection for the
    approximately 20 percent of the labor force working in the unregistered
    gray economy, were disincentives to filing complaints.
        There are no special laws or exemptions from regular labor laws in
    the country's four export processing zones.

        c. Prohibition of Forced or Compulsory Labor.--The law prohibits
    forced or compulsory labor, including by children; however, there were
    reports that individuals and organized crime syndicates trafficked
    women and children within and to the country for commercial sexual
    exploitation and sometimes for begging and forced labor.
        Victims of sexual exploitation worked primarily out of private
    apartments and homes or were driven to clients and forced to perform
    sexual services. They reported working in conditions akin to slavery,
    with little or no financial support, where they were intimidated,
    verbally threatened, and subjected to physical and sexual assault to
    keep them in a condition of servitude.
        Also see the Department of State's annual Trafficking in Persons
    Report at www.state.gov/g/tip.

        d. Prohibition of Child Labor and Minimum Age for Employment.--
    Entity-level and Brcko District labor laws restrict child labor, and
    the entity governments enforced these laws in practice. The minimum age
    for employment of children in the federation and in Republika Srpska is
    15 years old; minors between the ages of 15 to 18 years old must
    provide a valid health certificate to work. The law prohibits children
    from performing hazardous labor. In the federation, the law prohibits
    minors from ``night work'' except in exceptional circumstances.
    Although child labor was not generally a problem, children sometimes
    assisted their families with farm work and odd jobs. Reports indicated
    that children sometimes worked in small, family-owned shops.
        Trafficking in children for sexual exploitation and sometimes for
    labor and begging was a problem. Organized begging rings exploited
    Romani children in particular, of which more than half were under the
    age of 14 and did not attend school.
        Entity governments are responsible for enforcing child labor laws.
    Neither entity had inspectors dedicated to child labor inspections, and
    authorities investigated violations of child labor laws as part of a
    general labor inspection. Both entities' labor inspectorates reported
    that they had not found significant violations of child labor laws in
    the workplace, although they did not conduct reviews of children
    working on family farms. The Government did not collect data on child
    labor.

        e. Acceptable Conditions of Work.--The monthly minimum wage in the
    federation was 343 convertible marks ($233). In the Republika Srpska,
    the monthly minimum wage was 370 convertible marks ($252) except in the
    textiles and footwear sectors where it was 320 convertible marks
    ($218). The Brcko District did not have a separate minimum wage or an
    independent pension fund, and employers typically used the minimum wage
    rate of whichever entity its workers decided to direct their pension
    funds towards. None of these levels provided a decent standard of
    living for a worker and family. Labor inspection agencies at the entity
    level were responsible for enforcing the minimum wage. In the case of
    the federation, the entity agency was responsible for large state-owned
    enterprises, while cantonal inspection agencies were responsible for
    small, private businesses. The agencies were effective at enforcing the
    minimum wage, largely because it was low. Many employers did not report
    actual salaries in an effort to avoid payment of social contributions.
        Many workers had outstanding claims for back payment of salaries
    and pensions. The law requires employers in both entities and the Brcko
    District to make substantial mandatory contributions to pension and
    health care funds. To avoid paying high social welfare benefits,
    employers often did not officially register their employees, leaving
    employees without access to public health care and unable to officially
    transfer to another employer.
        Many employers were behind, sometimes for years, in paying salaries
    or providing health and pension benefits to employees of public works
    and institutions.
        The legal workweek in both entities and the Brcko District is 40
    hours; however, seasonal workers may work up to 60 hours per week. The
    law limits overtime to 10 hours per week in both entities; the
    federation has no provision for premium pay, while the Republika Srpska
    requires a 30 percent premium. A recent study, funded by Norwegian
    trade unions, found that employers routinely denied workers overtime
    and sick leave in the private commercial sector in both entities and
    the Brcko District, particularly those employed in large shopping
    malls. An employee in the Republika Srpska may volunteer for an
    additional 10 hours in exceptional circumstances. Federation and
    Republika Srpska laws require a minimum rest period of 30 minutes
    during the workday. The entities and the Brcko District have little
    ability to enforce regulations on working hours, daily and weekly rest,
    or annual leave, and these protections were generally believed to be
    lacking.
        Authorities in both entities and the Brcko District did not
    adequately enforce regulations related to acceptable work conditions.
    While labor inspectorates made some effort to enforce registration of
    employees, they limited most inspections to conditions affecting the
    officially registered workforce. In the Republika Srpska, the courts
    were ineffective in providing adequate protections to workers. Union
    leaders have lobbied for the creation of special labor courts to handle
    the workload, but the proposal lacks the support of the state's High
    Judicial and Prosecutorial Council. Republika Srpska law holds
    employers responsible for improving working conditions.
        The law provides workers the right to remove themselves from
    situations that endanger their health or safety without jeopardy to
    their employment; however, this right was not effectively enforced in
    practice. Workers' rights extended to all official, that is,
    registered, workers including migrant and temporary workers. According
    to informal estimates, approximately 40 percent of the total work force
    was unregistered.

                                   __________

                                    BULGARIA

        The Republic of Bulgaria is a parliamentary democracy with a
    population of approximately 7.6 million. The constitution vests
    legislative authority in the unicameral National Assembly (Narodno
    Sabranie). A minority government headed by a prime minister ruled the
    country. Observers generally deemed the July 2009 general elections
    free and fair. Law enforcement organizations reported to civilian
    authorities although, in some instances, law enforcement officers acted
    independently.
        Human rights problems reported during the year included police use
    of force against, and mistreatment of, detained persons and members of
    minorities and harsh conditions in prisons and detention facilities.
    There were strong concerns about pressure on and intimidation of
    journalists; reports of discrimination against religious minority
    groups; and corruption in the executive, legislative, and judicial
    branches of government. Other problems included violence against women
    and children; substandard education for Romani children; harsh
    conditions in state-run institutions for children; trafficking in
    persons; and discrimination against persons with disabilities, Roma,
    other members of minority groups, and lesbian, gay, bisexual, and
    transgender (LGBT) persons.
                            respect for human rights
    Section 1. Respect for the Integrity of the Person, Including Freedom
            From:

        a. Arbitrary or Unlawful Deprivation of Life.--The Government or
    its agents did not commit any politically motivated killings; however,
    security forces shot and killed one person.
        On July 23, the police shot and killed Marian Ivanov during his
    arrest in Pleven. At year's end, the investigation against the police
    officer was pending.
        At year's end, authorities continued to investigate two officers
    implicated in the 2009 case of a detainee who suffocated during
    transfer from one detention center to another.
        On November 12, following the January 20 decision of the Supreme
    Court of Cassation, the Military Appellate Court reduced by half the
    sentences of the five former Blagoevgrad police officers convicted in
    the 2005 death of Angel Dimitrov. Thus the highest-ranking officer
    received nine years, and the rest received eight years each.

        b. Disappearance.--There were no reports of politically motivated
    disappearances.
        The Government acted effectively against ransom kidnappings
    involving wealthy businessmen and their families. On October 14, the
    prosecutor indicted nine members of a gang for 11 kidnappings and one
    attempted kidnapping. At year's end, two gang members were out on bail;
    the rest remained in custody.

        c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
    Punishment.--The constitution and law prohibit such practices; however,
    observers noted increased use of force in connection with the
    Government's stepped up efforts to address organized crime. In the
    first six months of the year, the Government investigated 30 cases of
    police violence. In 2009 the Government investigated 42 cases of police
    violence and prosecuted 10 police officers; the courts convicted six.
    Nongovernmental organizations (NGOs) claimed that authorities
    frequently did not properly investigate complaints from persons who
    alleged police brutality.
        Police can detain persons for 24 hours without charging them.
    Police sometimes arrested suspects for minor offenses and physically
    abused them to force confessions, especially Romani suspects. NGOs
    continued to report that Romani victims were more willing to lodge
    official complaints against the authorities.
        Human rights groups continued to claim that medical examinations in
    cases of police abuse were not properly investigated, and officials
    rarely punished offending officers.

        Prison and Detention Center Conditions.--Prison and detention
    center conditions generally did not meet international standards.
        Conditions in most prisons were harsh with inadequate toilet
    facilities and insufficient heating and ventilation. Overcrowding
    remained a serious problem, especially in pretrial detention centers.
    During the year there were 9,379 prisoners in the country's 13 prisons
    with a capacity for 8,740; a slight increase from the previous year.
    The daily food allowance was approximately 3.20 levs ($2.17). NGOs
    received complaints about both the quality and quantity of food. The
    prison administration received complaints from prisoners about imposed
    sanctions, medical services, living conditions, and prison guards.
    Although the Bulgarian Helsinki Committee (BHC) facilitated training
    for guards, they did not receive sufficient training. There were some
    reports of mistreatment of inmates. Authorities held foreign prisoners
    serving longer terms in a separate prison in Sofia to provide them with
    easier access to consular services.
        The 2008 BHC case in the administrative court against the Ministry
    of Justice for not providing adequate guard supervision and failing to
    provide physical security to prisoners was pending at year's end.
        In September the Council of Europe's Committee for the Prevention
    of Torture (CPT) released the report of its 2008 visit to the country's
    prisons and detention facilities. The CPT noted that, despite some
    improvements, conditions in detention facilities and prisons remained
    poor, and the police often exceeded the 24-hour detention period. The
    CPT noted that the police at times would handcuff a prisoner to an
    immovable object when there was insufficient cell space for an inmate.
    The CPT also noted that access to medical care was substandard and
    reiterated its recommendation that authorities improve medical record
    keeping, including records on an inmate's condition at the beginning of
    custody, to better identify injuries related to police custody.
        Prison authorities acknowledged difficulties diagnosing and
    treating the increasing numbers of drug-dependent inmates and limiting
    their access to narcotics. According to the prison administration, an
    estimated 1,100 prisoners, or nearly 12 percent of the prison
    population, were drug dependent.
        All prisoners have the right to work, and two days of work reduced
    the prison term by three days. In practice the prison administration
    offered work to only a limited number of prisoners in low-security
    prisons. Prisoners alleged that the system for determining the type of
    regime that a prisoner received was corrupt and lacked oversight.
        Only one detention facility met internationally established human
    rights standards. The Government partially renovated a few other
    detention centers. During the year 22,029 persons, including 1,108
    women and 738 juveniles, went through the country's 42 pretrial
    detention centers; at year's end, there were 1,283 detainees there. The
    total capacity of the centers was 1,786 persons.
        NGOs reported that the juvenile justice system lacked coordination.
    Crime reports were not matched with social reports for proper case
    assessment, which resulted in inefficient assignment of corrective
    action. At year's end, there were 66 juveniles in corrective schools
    and 29 in pretrial detention.
        While prisoners in principle have the right to receive visitors, in
    most cases, that was impossible due to a lack of space to accommodate
    visitors in the facility. Prisoners could hold religious observance
    without restrictions on the denomination.
        Prisoners reported substandard conditions to the prison
    administration, the ombudsman, and the court system. During the year
    prisoners filed 785 complaints with the prison administration claiming
    improper sanctions, improper transfers to other facilities, substandard
    medical services, poor conditions, and abuse by prison guards. The
    prison administration found 449 of those complaints unfounded; it
    investigated the rest of the complaints and imposed sanctions.
        During the year the Government generally permitted monitoring of
    prisons by independent observers, including the CPT's December 2009
    visit to the country's detention facilities and the BHC's periodic
    visits.
        During the year the National Assembly allocated 20 million levs
    ($13.6 million) to improve living conditions and reduce overcrowding
    over the three-year period to 2013.

        d. Arbitrary Arrest or Detention.--The law prohibits arbitrary
    arrest and detention; however, there were reports that police at times
    abused their arrest authority.

        Role of the Police and Security Apparatus.--The Interior Ministry
    is responsible for law enforcement. The State Agency for National
    Security (DANS) is responsible for domestic intelligence analysis and
    corruption. A special parliamentary committee provides oversight of
    DANS. The Interior Ministry, the Prosecution Service, and DANS
    cooperate in creating organized crime task forces focused on high-level
    organized crime and corruption.
        The National Intelligence Service and the National Protective
    Service, which answer to the president, were subject to oversight by a
    permanent parliamentary committee.
        Impunity remained a problem. NGOs claimed that military judges, who
    were responsible for all military and Ministry of Interior appeals,
    were vulnerable to influence, as the defense minister had the power to
    confirm their appointments as well as to promote or demote them in
    rank. However, there were no specific reports of such pressure during
    the year.

        Arrest Procedures and Treatment While in Detention.--While not
    required, police normally obtained a warrant from a prosecutor prior to
    apprehending an individual. Authorities generally informed detainees
    promptly of the charges against them. Police may hold a detainee for 24
    hours without charge, and a prosecutor may authorize detention for an
    additional 72 hours without charge. In general authorities observed
    these laws in practice. Prosecutors may not arrest military personnel
    without the defense minister's approval. A court must approve detention
    for more than 72 hours; such detention can last up to two years for the
    most serious charges. In general authorities observed these laws in
    practice.
        The law provides for bail, and bail was widely used.
        The law provides for the right to counsel from the time of
    detention; however, police often failed to inform detainees of this
    right, and detainees often lacked timely access to a lawyer. The law
    provides state-funded legal aid for low-income defendants, but a lack
    of coordination hindered this program's implementation.
        The report on the CPT visit noted improvement in the legal aid
    system and further recommended that authorities ensure full
    effectiveness of the arrangements for access to counsel, and keep
    strict records on defendants' access to counsel.
        Long delays awaiting trial were common, and there was a large
    backlog of outstanding investigations. Tough, statutorily mandated time
    limits for investigations often resulted in hasty indictments that
    judges returned for additional investigation.
        The law grants amnesty for crimes committed due to ``negligence.''
    The intent of the law was to reduce overcrowding in prisons. However,
    in 2009 authorities released only 210 prisoners. Prosecutors complained
    the law granting amnesty effectively blocked many investigations of
    corruption in public office, since ``negligence'' was often the only
    crime for which corrupt public officials could be prosecuted. On
    January 19, the constitutional court rejected the Government's
    challenge to the legitimacy of this law.

        e. Denial of Fair Public Trial.--The law provides for an
    independent judiciary; however, corruption, inefficiency, and lack of
    accountability were pervasive problems.
        The Supreme Judicial Council appoints, promotes, disciplines, and
    dismisses judges, investigators, and prosecutors. It investigates
    complaints of judicial misconduct and recommends disciplinary action.
    Observers noted that the council was slow to exercise its authority and
    implement internal discipline. From January to October, the council
    dismissed one magistrate and disciplined 23 others for professional
    misconduct.
        Judicial and investigative backlogs remained a problem in some
    jurisdictions. Despite modest improvements, long delays for criminal
    trials were common. In July the Government enacted amendments to the
    penal procedure code to alleviate problems with trial delays; these
    amendments include the use of reserve defense attorneys who can
    substitute if illness or the absence of the original attorney delays
    the process. In several high-profile cases, judges used the new
    procedures to eliminate delays in court proceedings. As a result of
    these amendments, observers noted a slight improvement in the
    efficiency of the trial process.

        Trial Procedures.--The law presumes defendants innocent until
    proven guilty and allows them ample time to prepare a defense. All
    court hearings are public except for cases involving national security,
    endangerment of public morals, and the privacy of juvenile defendants.
    Observers often complained that a court would unnecessarily hear cases
    of high public interest behind closed doors when the prosecution
    presented wiretap evidence.
        Juries are not used. In cases involving serious crimes, two lay
    judges join a professional judge. If a crime carries a sentence of
    imprisonment for more than 15 years, two professional judges and three
    lay judges hear the case. In such circumstances, a majority vote
    determined verdicts. Defendants have the right to be present at their
    trial. A defense attorney is mandatory if the alleged crime carries a
    punishment of 10 or more years in prison for juveniles, foreigners,
    persons with mental or physical disabilities, or for trials conducted
    in the absence of the accused. Defendants have the right to confront
    witnesses, examine evidence, and present their own witnesses and
    evidence. The law provides for the right of appeal, which was widely
    used. Trial procedures apply equally to all citizens.

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

        Regional Human Rights Court Decisions.--As of November, the
    European Court of Human Rights (ECHR) had issued 60 judgments that
    found 89 violations by the country of the European Convention on Human
    Rights. In the judgments, the ECHR ordered the Government to pay
    980,148 euros ($1.3 million) in compensation and court costs. The
    judgments found 27 violations of the right to a speedy and fair trial;
    19 violations of the right to an effective remedy; 11 violations of the
    right to liberty and security; six violations of the right to respect
    for private and family life; five violations involving the prohibition
    against inhuman or degrading treatment; four violations of the right to
    life; one violation of freedom of thought, conscience, and religion;
    one case of discrimination; one violation of the right to safeguards
    against expulsion; and one case of double jeopardy. The Government
    complied strictly with the judgments.

        Civil Judicial Procedures and Remedies.--The law provides for an
    independent and impartial judiciary in civil matters; however, the same
    long delays as for criminal cases affected court action on civil cases.
    Individuals may file allegations of human rights abuses with courts and
    with the Commission for Protection against Discrimination, which may
    impose sanctions on violators.

        Property Restitution.--In May 2009 the Jewish community was able to
    regain possession and physically occupy a formerly state-run hospital
    in central Sofia. The hospital management's appeal of the court's
    ruling was denied. On June 14, the Ministry of Regional Development
    filed a new appeal that the court rejected, but the Government still
    had the ability to appeal in the Supreme Court.

        f. Arbitrary Interference With Privacy, Family, Home, or
    Correspondence.--The constitution and law prohibit such actions, and
    the Government generally respected these provisions in practice.
        A permanent parliamentary subcommittee oversaw the use of
    specialized investigative techniques.
    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 reports that individuals
    with political and economic interests intimidated journalists. NGOs
    reported that journalists practiced self-censorship or took money from
    political and business leaders and from organized crime groups to plant
    positive stories about the leaders and criminal groups. In addition
    media owners forced journalists to pervert the facts. In many cases,
    the true owners of media companies could not be identified. On October
    22, the National Assembly passed the Print Periodicals Media Bill,
    which seeks to enforce transparency in media ownership.
        Individuals criticized the Government freely without reprisal.
    However, in rural areas offering fewer employment opportunities,
    individuals were more hesitant to criticize local governments.
        Media organizations and in a few cases political parties freely
    published a variety of newspapers. Private television and radio
    stations provided a variety of news and public interest programming.
    However, the acquisitions in June of a number of media outlets by
    groups affiliated with business and political interests led to further
    monopolization of private media and limited the variety of views
    available in print and on television. Both print and electronic media
    were susceptible to economic and, to a certain degree, political
    influence. Although the state-owned electronic media presented
    opposition views, observers believed that the law was inadequate to
    protect their programming independence and left these media vulnerable
    to government pressure.
        During the year there was one killing of a journalist reported. On
    January 5, Boris ``Bobbie'' Tsankov, the controversial author of
    tabloid publications on the country's underworld and a former radio
    show host, was killed by unknown persons. Authorities accused one
    person of contracting the killing. The investigation was ongoing at
    year's end.
        During the year there were reports of threats or attempts to
    intimidate journalists.
        On February 8, Bulgarian news agency journalist Ivan Yanev was
    investigating the killing of a police officer in the village of Enina
    when a police spokesman from the nearby city of Stara Zagora threatened
    him, stating that Yanev was a ``dead man.'' Authorities accused Yanev
    of reporting on the killing before the official police version was
    released and prohibited him from returning to the crime scene.
        In July Nova Television reporter Diliana Gaytandjieva alleged that
    the deputy speaker of the National Assembly, Lachezar Ivanov, pressured
    her to stop the broadcast of a program that revealed luxury real estate
    and vehicles owned by six customs officers. Ivanov's motive for
    exerting pressure on Gaytandjieva was alleged to be a personal
    relationship with one of the targets of the program. Under pressure
    from his party, Citizens for the European Development of Bulgaria,
    Ivanov stepped down as deputy speaker and committee chair.
        During the year the police closed the investigation into the 2008
    assault on Frognews editor in chief, Ognian Stefanov, whom authorities
    suspected of affiliation with www.opasnite.net, a Web site closed for
    reportedly releasing classified information. Police stated that they
    were unable to find the attackers.
        Libel is legally punishable. Usually the courts interpreted the law
    in a manner that favored journalistic expression. Many defamation cases
    were prompted by journalists reporting about corruption or
    mismanagement; the most frequent plaintiffs were government officials
    and other persons in public positions.

        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 Society Bulgaria estimated that approximately 45 percent of
    the population had access to the Internet on a regular basis. According
    to the European Commission's 2009 report on the single European
    electronic communications market, the broadband penetration rate rose
    to 13 percent in January compared to 11.2 percent in 2009. However,
    many less-developed rural areas did not have the infrastructure to
    support Internet services.
        In 2008 the Supreme Administrative Court struck down a government
    decree that allowed security services to gather data on Internet users'
    activities. On May 10, amendments to the Electronic Communications Act
    restored security services' access to electronic traffic data. However,
    the legislation imposed strict judicial control over this authority.
    There were no reports that the Government attempted to collect the
    personally identifiable information of a person in connection with that
    person's peaceful expression of political, religious, or ideological
    opinion or beliefs.

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

        b. Freedom of Peaceful Assembly and Association.--Freedom of
    Assembly.--The law provides for freedom of assembly, and the Government
    generally respected this right in practice. The law requires groups
    requesting a permit for gatherings to give 48-hours' notice. The law
    prohibits public gatherings within a security zone (five to 20 meters)
    around the National Assembly, the Council of Ministers, and presidency
    buildings. Mayors can prohibit, dismiss, or suggest an alternative site
    for a gathering that they regard as posing a threat to public order,
    security, or traffic.

        Freedom of Association.--The law provides for freedom of
    association, and the Government generally respected this right in
    practice. The law prohibits groups that endanger national unity or
    promote racial, national, or religious hatred, violate the rights of
    citizens, or seek to achieve their objectives through violent means.
    The Government generally respected the rights of individuals and groups
    to establish their own political parties or other political
    organizations.
        Political parties based on religious, ethnic, or racial affiliation
    are illegal. In practice the prohibition did not appear to weaken the
    role of some ethnic minorities in the political process; a number of
    parties in reality represented various ethnic minority groups. NGOs may
    not engage in political activity.
        The law requires a political party to have 5,000 members to
    register officially.
        In December 2009 the Committee of Ministers of the Council of
    Europe decided to end its monitoring of the 2005 ECHR judgment against
    the Government for preventing the Macedonian activist group Ilinden
    from registering as a political party, although the Government
    continued to deny Ilinden the right to register.
        On February 19, the Blagoevgrad District Court upheld a lower
    court's refusal to register the Society of Repressed Macedonians in
    Bulgaria.
        In 2009 the Sofia Appellate Court upheld the decision of the
    Blagoevgrad District Court, which had refused to register the Nikola
    Vaptsarov Macedonian Cultural and Educational Society. The court ruled
    that there was no separate Macedonian ethnicity in the country and that
    some of the organization's goals, as outlined in its statute, implied
    the existence of such an ethnicity.

        c. Freedom of Religion.--For a complete description of religious
    freedom, please see the 2010 International Religious Freedom Report at
    www.state.gov/g/drl/irf/rpt

        d. Freedom of Movement, Internally Displaced Persons, Protection of
    Refugees, and Stateless Persons.--The constitution and law provide for
    freedom of movement within the country, foreign travel, emigration, and
    repatriation, and the Government generally respected these rights in
    practice.
        The Government cooperated with the Office of the UN High
    Commissioner for Refugees (UNHCR) and other humanitarian organizations
    in providing protection and assistance to internally displaced persons,
    refugees, returning refugees, asylum seekers, stateless persons, and
    other persons of concern.
        The law prohibits forced exile, and the Government did not employ
    it in practice.

        Protection of Refugees.--The law provides for granting asylum or
    refugee status, and the Government has established a system for
    protecting refugees. The Government provided some protection against
    the expulsion or return of refugees to countries where their lives or
    freedoms would be threatened on account of their race, religion,
    nationality, membership in a particular social group, or political
    opinion. The UNHCR stated that the risk of genuine refugees being
    rejected was limited.
        The law requires that persons seeking refugee status file an
    application within ``a reasonable time'' after entering the country.
    Observers remained concerned about the institutional capacity of the
    Government to process requests and transfer applicants to shelters. The
    authorities sustained the practice of detaining asylum seekers who
    enter the country illegally in the center in Busmantsi, treating them
    as illegal immigrants and thus subject to potential deportation.
    Although the law sets a maximum six-month period of detention, there
    were numerous reports of detentions exceeding six months as well as of
    guards mistreating detainees. Detainees also complained of poor living
    conditions and inadequate access to legal counsel.
        On February 16, law enforcement officials arrested the head of the
    migration directorate on charges of supporting a criminal group
    supplying foreigners with false citizenship documents. The court
    ordered the defendant to remain in jail pending trial. The
    investigation was pending at year's end.
        On February 16, in an unrelated case, the head of the state agency
    for refugees was fired and charged with embezzlement. The defendant
    remained free on bail, and the investigation was pending at year's end.
        On February 18, 25 detainees in Busmantsi went on a hunger strike
    to highlight the need for more humane treatment. The legal deportation
    of seven Nigerian citizens, whom authorities notified of their
    deportation 15 minutes before their flight, inspired the strike. The
    strikers asserted that the entire system for granting asylum in the
    country was corrupt and demanded better conditions and expedited
    release from the center for all first-time asylum applicants. On June
    6, an activist committee organized a public rally in support of the
    persons detained in Busmantsi. An estimated 100 protesters gathered in
    front of the facility to demand respect for the human dignity of the
    detainees, improved living conditions, and access to health services
    and education.
        During the year authorities did not continue an investigation of
    the October 2009 death of Hassun Albaddj, who died in the Busmantsi
    detention center. The preliminary review found no evidence of physical
    abuse, although his repeated requests for medical attention apparently
    went unanswered.
        The number of applicants for refugee status has decreased by two-
    thirds since 2002. As of November the Government granted humanitarian
    status in 108 cases, accorded asylum in 19 cases, and denied asylum in
    318 cases of a total 825 applications. Most applications came from
    citizens of Iraq, Iran, Afghanistan, Armenia, Syria, Algeria, and
    stateless persons.
    Section 3. Respect for Political Rights: The Right of Citizens to
            Change Their Government
        The law provides citizens the right to change their government
    peacefully, and citizens generally exercised this right in practice
    through periodic, free, and fair elections based on universal suffrage.
    However, reports of large-scale vote buying marred the June 2009
    European Parliament and July 2009 general elections.

        Elections and Political Participation.--Despite persistent vote-
    buying allegations and the previous ruling coalition's late changes to
    the electoral system, observers widely regarded the July 2009
    parliamentary election as free and fair.
        According to election observers, 10 to 16 percent of the votes in
    the European Parliament election were purchased or manipulated,
    including busing voters to different districts, which had a greater
    influence on the results than the general elections due to the lower
    voter turnout. As of July, authorities brought 158 persons to trial,
    and the courts convicted 97 for election-related violations. The
    investigations of two cases of vote buying were pending.
        The country has a mixed electoral system in which individuals vote
    for both a political party list and a specific candidate in a single
    mandate district. The single mandate districts undermined the equality
    of the vote due to a significant variation in population sizes of the
    districts.
        The law provided immunity for candidates for political office. This
    resulted in the release of parliamentary candidates whom authorities
    charged with serious crimes, including leaders of organized-crime
    groups, from pretrial detention.
        In 2009 the National Assembly established a committee with a three-
    month mandate to investigate numerous accusations of double voting and
    improper registration of citizen voters living in Turkey. According to
    the committee, thea majority of the irregularities (64.4 percent of
    reported cases) was unintentional and resulted from officials'
    incompetence or disregard of procedures in reducing the time of voting
    and processing the results.
        There were 53 women in the 240-seat National Assembly, compared
    with 51 elected in 2005. A number of women held elective and appointive
    offices at high levels in the Government, including two ministers.
    Women held key positions in the National Assembly, including that of
    speaker of the assembly, one deputy speaker, and chairmanship of seven
    of the 20 standing committees.
        There were 28 members of minority groups (27 ethnic Turks and one
    Roma) in the National Assembly. There was one ethnic Turkish minister
    in the cabinet. While the ethnic Turkish minority was well represented,
    Roma were underrepresented, particularly in appointed leadership
    positions. Pomaks (ethnic Bulgarians who are Muslims) held elected
    positions at the local level.
    Section 4. Official Corruption and Government Transparency
        Despite increased efforts to hold public officials accountable,
    corruption remained a problem in all branches of government. 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. Corrupt practices included
    bribery, conflict of interest, elaborate embezzlement schemes, and
    procurement violations. Corruption continued to exist in high civil and
    administrative courts. In both the executive and judiciary, NGOs
    reported that corrupt officials were often fired, pressured to quit, or
    most often reassigned rather than prosecuted on corruption-related
    charges. The overly formal judicial system made it difficult to
    prosecute high-profile organized crime and corruption cases
    effectively.
        On March 29, the Government adopted amendments to the criminal
    procedure code to address some of the weaknesses in the country's legal
    procedures. The amendments allow police to testify in court and provide
    for the protection of witness identity. Judges can also assign reserve
    defense lawyers to prevent attempts by defendants to delay cases on
    unjustified grounds. The changes also strengthened the role of
    specialized investigative techniques, making it possible for collateral
    wiretap information, as well as reports from the EU's European
    Antifraud Office, to be accepted as evidence.
        During the year the Government indicted four former ministers as
    well as, for the first time, a sitting minister from the current
    government. While there were few verdicts, since 2009 the number of
    high-profile corruption cases has steadily increased. During the year
    the following developments were reported with regard to the
    Government's efforts to prosecute cases of high-level corruption:
        In separate rulings on March 29 and June 30, the Sofia City Court
    found Mario Nikolov guilty on charges of document fraud and
    embezzlement of EU funds and sentenced him to 12 years in prison. The
    court also convicted his wife and six other accomplices, and sentenced
    them to six years imprisonment. Nikolov and his accomplices were
    members of a criminal network specializing in the embezzlement of EU
    funds.
        In May an investigative report revealed that three judges from the
    Supreme Administrative Court, the head judge of the Sofia Appellate
    Court, and one other high-level magistrate helped their close relatives
    obtain beach-front real estate on the Black Sea. The three supreme
    administrative court judges were fired.
        On June 30, a court acquitted former deputy minister of interior,
    Raif Mustafa, and his associate, Rosen Marinov, of attempting to bribe
    Marin Dimitrov, the former head of the Fisheries Agency. Despite tape
    recordings of Marinov offering a bribe and Dimitrov's testimony, the
    court found Mustafa and Marinov not guilty. The Prosecution Service
    appealed this decision.
        In May 2009 the Supreme Judicial Council officially dismissed the
    chair of Varna administrative court, Anelia Tsvetkova, for undermining
    the prestige of the judiciary. DANS arrested Tsvetkova in July 2008 for
    bribery and confiscated 150,000 levs ($101,710) from her home. Her
    trial on bribery charges was pending at year's end.
        The law mandates that government officials declare any
    circumstances in which they could be accused of using their position
    for personal profit. According to the law, high-level public officials
    who fail to submit a financial disclosure declaration can be fined as
    much as 1,500 levs ($1,017). According to the National Audit Office,
    during the year 16 of 6,546 officials covered by the law did not submit
    their annual declaration within the statutory deadline, compared with
    71 of 6,656 officials in 2009.
        The law provides the right of public access to government
    information; however, NGOs continued to complain the Government did not
    implement the law effectively. While the courts allowed greater access
    to government information, the Government rarely implemented these
    decisions.
    Section 5. 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. Human rights observers
    reported uneven levels of cooperation from various national and local
    government officials.
        The law provides for an ombudsman to review the complaints of
    individuals against the Government for violations of rights or
    freedoms. The ombudsman can request information from state authorities,
    act as an intermediary in resolving disputes, make proposals for
    terminating existing practices, and refer information to the
    prosecution service. During the year the ombudsman received 3,687
    complaints of violations of citizens' rights and freedoms compared with
    2,686 in 2009. The majority of complaints concerned quality of public
    services, property issues, and social assistance programs. NGOs
    continued to criticize the ombudsman for focusing on administrative
    issues rather than actively engaging on human rights cases.
        A permanent parliamentary committee oversees human rights,
    religious denominations, and citizens' complaints and petitions.
    Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
        The law prohibits discrimination on the grounds of race, gender,
    disability, social status, and sexual orientation; however, the law
    does not prohibit discrimination on the basis of language. Societal
    discrimination continued, particularly against ethnic minorities,
    sexual minorities, and persons with disabilities. Trafficking in
    persons continued to be a problem.
        The Government investigated complaints of discrimination, issued
    rulings, and imposed sanctions against violators. The law allows
    individuals to pursue a discrimination case through the court system or
    through the Commission for Protection against Discrimination. During
    the year the commission received 663 complaints. The majority of the
    complaints concerned labor discrimination. A little over a quarter of
    the cases involved complaints of multiple discriminations. The
    commission found 216 cases of discriminatory practices and imposed nine
    fines totaling 48,800 levs ($32,547) on violators.

        Women.--Rape is illegal but underreported due to the stigma
    attached to it. Spousal rape can be prosecuted under the general rape
    statute; however, authorities rarely prosecuted it in practice.
    Sentences for rape range from two to eight years in prison (from three
    to 10 years if the victim is a blood relative). When rape results in
    serious injury or suicide, sentences range between three and 15 years
    imprisonment, and when the victim is a minor, between 10 and 20 years.
    Authorities generally enforced laws against rape when violations came
    to their attention. According to NGOs, the social taboo experienced by
    rape victims discouraged them from reporting the crime, and it was a
    far more serious obstacle to prosecution than police reluctance to
    investigate. As of July the prosecution service filed 103 rape cases,
    and the court sentenced 65 persons.
        NGOs reported that one in four women was a victim of domestic
    violence. Although there were no precise statistics, NGO estimates
    identified an increase in its occurrence.
        The law defines domestic violence as any act of, or attempt at,
    physical, psychological, sexual violence, emotional, or economic
    pressure against members of one's family or between cohabitating
    persons. The law requires the Government to adopt an annual action plan
    to prevent and protect against domestic violence and requires the state
    to fund it. The law empowers the court to deal with offenders by
    imposing fines, issuing restraining or eviction orders, or requiring
    special counseling. NGOs assessed the implementation of the law
    positively and stated that the courts issued more restraining orders.
    Failure to adhere to court restraining orders is a criminal offense.
        On June 8, the Government passed implementing regulations to the
    law on protection against domestic violence that provide a framework
    for partnership between government and NGOs and set out the scope of
    the national program for prevention of and protection against domestic
    violence. The regulations give NGOs a mechanism for obtaining
    government funds for prevention and protection projects.
        A local NGO operated a 24-hour, free hotline for women in crisis,
    and other NGOs provided short-term protection and counseling to victims
    in 17 crisis centers throughout the country. Police and social workers
    referred victims of domestic violence to NGO-run shelters, but NGOs
    complained that local authorities rarely provided financial assistance
    for operational costs.
        Sexual harassment is punishable under prohibitions against
    coercion, which carry a punishment of up to six years in prison. The
    law identifies sexual harassment as a specific form of discrimination.
    During the year the Commission for Protection against Discrimination
    continued to receive sexual harassment complaints, which accounted for
    an estimated 5 percent of all complaints. However, sexual harassment
    remained a widespread problem, and the Government did not effectively
    enforce the law.
        The Government generally respected the right of couples and
    individuals to decide freely and responsibly the number, spacing, and
    timing of their children, and to have the information and means to do
    so free from discrimination, coercion, and violence. Women generally
    had good access to contraception and skilled attendance during
    childbirth, including essential obstetric and postpartum care. However,
    access to contraception and skilled attendance in childbirth were less
    available to women in poor rural areas. The National Statistical
    Institute (NSI) reported the maternal mortality rate was five deaths
    per 100,000 live births in 2009. However, a report at the National
    Obstetrics and Gynecology Conference held in May claimed there were no
    reliable statistics on maternal mortality and estimated an average
    annual number of 12 deaths per 100,000 live births. Women were treated
    equally in the diagnosis and treatment of HIV and other sexually
    transmitted infections.
        The law provides women with the same rights as men; however, women
    faced some discrimination in hiring and pay. According to NSI
    quadrennial data, women's salaries were 11 percent lower than men's,
    with some lower-paid sectors, such as education and services, dominated
    by women. The National Council on Equality between Women and Men,
    headed by the minister of labor and social policy under the Council of
    Ministers, is responsible for safeguarding the rights of women.
    Primarily a consultative body, the council is charged with promoting
    cooperation and coordination among NGOs and government agencies.

        Children.--Citizenship is derived from one's parents. Children are
    immediately registered upon birth in the country.
        Public education is compulsory until the age of 16, and free
    through the 12th grade, but the Government did not effectively enforce
    attendance requirements. Children were required to pay for books after
    the fourth grade, which was a problem for poor families.
        According to the Ministry of Education and Science, dropout trends
    affected Romani children disproportionately: in primary school, 23
    percent of students were Roma, while by the ninth grade, only 3 percent
    of students were Roma. The majority of students left school due to
    social and family reasons.
        The education provided to Romani children was generally inferior,
    and nearly 10 percent of Roma never attended school. In 2009 the
    Supreme Court of Appeals upheld the 2005 ruling that the city of Sofia
    was guilty of discrimination for failing to provide equal educational
    opportunities to Romani children.
        Romani activists and NGOs continued to complain that the closure of
    450 schools for budgetary reasons resulted in a higher number of Romani
    children dropping out of school because Romani parents were especially
    reluctant to allow their children to travel to new schools in other
    towns, and parents at schools accepting new Romani students often
    reacted negatively to their arrival.
        The Government lacked a policy on children with disabilities,
    resulting in their receiving inadequate access to education,
    healthcare, and social services (see section 6,).
        Violence against children was a problem. According to the National
    Center for Public Opinion Surveys, during the year, one in five
    children was a victim of violence or abuse in school. Experts noted the
    emergence of new forms such as cyber bullying. According to the NSI,
    2,009 children were victims of serious crimes in 2009, down from 2,606
    juvenile victims in 2008. Experts commented that the cruelty of the
    acts had increased, noting the number of murders rose from seven to 12.
    The Government operated a 24-hour free hotline for children, which
    received over 5,000 calls per month, often removed children from
    abusive homes, and prosecuted abusive parents.
        Although no official statistics were available, NGOs reported that
    child marriage, which was common in Romani communities, resulted in
    school dropouts, early childbirths, poor parenting, and spreading
    poverty. In October the Roma NGO Amalipe presented a study showing that
    the average age for marriage among the Roma was 18 years.
        The Government continued to report a declining trend in the number
    of children detained by police for vagrancy and begging, which as of
    October was 397 compared with 659 in 2008. Many believed adults
    exploited these children, who were primarily engaged in begging,
    prostitution, or washing car windows. When such children were
    apprehended, police generally placed them in protective custody for up
    to 24 hours, unless remanded to protective custody by a prosecutor.
    Subsequently, many children were sent to state-run institutions.
        Implementation of child-care policies was decentralized. The
    Government funded child welfare programs. Some municipalities
    contracted with NGOs to provide care, but some NGOs remained concerned
    about the ability of poorer municipalities to manage and administer
    care effectively.
        Problems in state-run institutions for children, including
    incidents involving the exploitation of children, continued to receive
    media attention during the year. In September the BHC and the
    prosecution service conducted a joint inspection of institutions for
    disabled children that uncovered 238 deaths in the preceding decade as
    a result of poor treatment, lack of supervision, and unsanitary
    conditions as well as violence. At the time of inspection, 103
    residents suffered from malnutrition and 622 suffered from serious
    infections. Further findings also revealed cases of sexual abuse,
    physical violence, and injury. The Prosecution Service opened
    investigations into 166 cases of death and 27 cases for injury.
        During the year the Government began a deinstitutionalization
    program with the aim of closing all such institutions by 2025 and
    integrating the children into foster families or family-type homes. To
    accomplish this objective, the Government took significant steps to
    enhance family preservation, foster care, and adoption programs.
        In 2009 there were 6,920 children, including children with
    disabilities, in 137 specialized institutions. This was a decrease from
    7,466 children in 140 institutions in 2008 and a 45 percent decrease
    from 12,609 children in 165 institutions in 2001. The majority of
    children in institutions were Roma. Most children in state institutions
    were not orphans; courts institutionalized children when they
    determined that their families were unable to provide adequate care.
        The country is a party to the 1980 Hague Convention on the Civil
    Aspects of International Child Abduction. For information on
    international parental child abduction, please see the Department of
    State's annual Report on Compliance at http://travel.state.gov/
    abduction/resources/congressreport/congressreport--4308.html.

        Anti-Semitism.--According to the Jewish organization Shalom, anti-
    Semitism was not widespread, but there were increasing reports of anti-
    Semitic incidents. In March, a week before Passover, vandals painted
    the Jewish school in Sofia with anti-Israeli slogans. In May vandals
    painted the memorial of the Russian soldiers in Sofia with swastikas on
    the eve of the 65th anniversary of the end of the Holocaust. The media
    and NGOs gave public support to Shalom's declaration protesting the
    incidents. Jewish organizations remained concerned over the lack of
    public sensitivity to the fact that the overwhelming majority of those
    acts were unpunished.
        On June 6, skinhead extremists attacked a group of young persons in
    a streetcar who were going to a protest rally in support of asylum-
    seekers in front of the Center for Temporary Accommodation of
    Foreigners in Busmantsi. On June 8, the police arrested eight persons
    but subsequently released two of them; the investigation was ongoing at
    year's end.

        Trafficking in Persons.--For information on trafficking in persons,
    please see the Department of State's annual Trafficking in Persons
    Report at www.state.gov/g/tip.

        Persons With Disabilities.--The law prohibits discrimination
    against persons with physical, sensory, intellectual, and mental
    disabilities in employment, education, access to health care, or the
    provision of other state services or other areas; however, the
    Government did not effectively enforce these provisions in practice.
    Societal discrimination against persons with disabilities persisted.
        The law requires improved access to buildings for persons with
    disabilities, and some new public works projects took this requirement
    into account; however, enforcement of this law lagged in existing, non-
    renovated buildings. The law promotes the employment of disabled
    persons; however, enforcement was poor, and most persons with
    disabilities were unemployed primarily due to lack of access to
    adequate education and skills. For the most part, employers did not
    equip workplaces to accommodate persons with disabilities, and many
    were not able to find accessible transportation.
        Persons with mental and physical disabilities, including very young
    children, were often in institutions separated from the rest of
    society. The majority of these institutions were located in remote
    rural areas, which prevented hiring of qualified staff and hampered
    access to timely medical assistance. Despite some incremental
    improvements, conditions in institutions for persons with disabilities
    remained poor. The Government operated 26 institutions for children and
    youth with disabilities.
        The Government continued to lack a policy with regard to children
    with disabilities, resulting in their receiving inadequate access to
    education, healthcare, and social services. Children with varying types
    and degrees of disability were placed in the same institution. In 2009
    there were 2,906 children with disabilities in public institutions.
        NGOs criticized the Government for continuing to isolate persons
    with disabilities in a costly parallel system of education,
    socialization, and health care. Critics maintained that the Government
    lacked both institutional capacity and the will to move from the old
    model to an inclusive, community-oriented model.
        The constitution provides the right of all citizens to vote, and
    the law provides specific provisions to ensure that persons with
    disabilities have access to the polls. However, authorities rarely
    enforced these provisions in practice, and the majority of polling
    stations were not wheelchair accessible.
        The Interagency Council for Integration of Persons with
    Disabilities was responsible for developing the policy supporting
    persons with disabilities. The Ministry of Labor and Social Policy,
    through its executive agency for persons with disabilities, was
    responsible for protecting the rights of disabled persons and worked
    with government-supported national representative organizations for
    persons with disabilities. However, human rights groups remained
    concerned about the lack of vision and transparency regarding financial
    and other support to the national representative organizations as well
    as the poor capacity of the agency to implement any reforms.

        National/Racial/Ethnic Minorities.--Societal discrimination against
    Roma and other minority groups remained a problem that sometimes
    resulted in incidents of violence between members of different ethnic
    groups. Authorities estimated that Roma constitute between 6 and 10
    percent of the population. According to a 2002 Council of Europe
    report, there were 600,000 to 800,000 Roma in the country. According to
    the 2001 census, ethnic Turks made up 9 percent of the population.
    Ethnic Bulgarian Muslims, often termed Pomaks, are a distinct group of
    Slavic descent, whose ancestors converted from Orthodox Christianity to
    Islam; they constitute 2 to 3 percent of the population.
        Popular prejudice against Roma remained widespread. There were
    isolated cases of police harassment, arbitrary arrests, and violence
    against Roma. However, NGOs reported that, while an increasing
    percentage of Roma were willing to file complaints against authorities,
    the overall number of complaints had dropped in recent years.
        In September the Yambol municipality demolished a squatter
    settlement populated by an estimated 100 Roma families. The local
    government refused to compensate the expelled families, but provided
    them with free transportation to a location of their choice.
    Authorities made an individual assessment of each family and placed
    them on the relevant waiting list for municipally owned apartments. In
    November the local court ruled that the demolition had been illegal.
    Roma NGOs commented that the historical landlessness of Roma was among
    the main factors for their poor housing situation. NGOs estimated that
    50 to 70 percent of Romani housing was illegally constructed and were
    concerned that more municipalities would initiate legal proceedings to
    demolish illegally built houses.
        There were no further developments reported with regard to the
    September 2009 destruction of 46 Romani homes in Burgas municipality,
    during which police used disproportionate force during the demolitions.
        Following the 2009 ruling of the European Committee of Social
    Rights that the country failed to ensure that any person who is without
    adequate resources have access to social assistance provided by the
    state, the Government promulgated in February amendments to the Social
    Assistance Act, which eliminated the time limits for eligibility for
    assistance.
        Workplace discrimination against minorities, especially Roma,
    continued to be a problem. The unemployment rate among Roma was nearly
    65 percent, reaching 80 percent in some regions. General public
    mistrust of Roma, coupled with their low level of education, made Roma
    less able to find jobs. Many observers noted the quality of education
    offered to Romani children was inferior to that afforded most other
    students. However, there were isolated examples of success, such as the
    National Assembly internship program which has graduated 10 young Roma
    professionals each year since 2007.
        Under the penal code, inciting racial or national enmity, hatred,
    or discrimination is a crime punishable by up to three years in prison,
    and plaintiffs may also file civil claims with the court for damages
    inflicted by discriminatory statements.

        Societal Abuses, Discrimination, and Acts of Violence Based on
    Sexual Orientation and Gender Identity.--The law prohibits
    discrimination on the basis of sexual orientation, but the Government
    did not effectively enforce this prohibition. While reports of violence
    against LGBT persons were rare, societal discrimination, particularly
    discrimination in employment, remained a problem. The gay-rights
    organization Gemini reported that individuals continued to be reluctant
    to pursue legal remedies for discrimination due to the stigma of being
    openly identified as gay.
        In May the Antidiscrimination Commission ruled that a November 2009
    regulation by the city of Pazardjik prohibiting public expression of
    sexual orientation violated the country's antidiscrimination laws. In
    early August in response to a complaint that the commission's ruling
    was not being enforced, Pazardjik prosecutor Stefan Yanev asserted that
    the regulation was not discriminatory because homosexuality is a
    disease. He said also that the regulation would prevent prostitutes
    from parading their orientation and seeking clients in front of the
    city hall. On the following day, the Supreme Administrative Prosecution
    Service abolished the Pazardjik ordinance. At year's end, the Pazardjik
    city council was challenging the Antidiscrimination Commission's
    decision in the Supreme Administrative Court.
        On June 26, the third annual gay pride parade in downtown Sofia
    attracted an estimated 300 participants. The parade was held without
    disruption but under heightened security. Earlier that day, 10
    nationalist organizations gathered about 100 protesters to demonstrate
    against the gay pride parade. The Holy Synod of the Christian Orthodox
    Church condemned the parade, calling it a glaring, shameful, and sinful
    demonstration and appealing to the local authorities to prohibit the
    event. For the first time, the gay pride parade received support from a
    political party in the National Assembly, the right-wing conservative
    Democrats for Strong Bulgaria.

        Other Societal Violence or Discrimination.--According to the Hope
    against AIDS Foundation, HIV/AIDS patients faced discrimination and
    inadequate medical care due to doctors refusing to provide treatment
    from fear of contracting the disease. Patients typically did not
    contest these situations in court due to the social stigma attached to
    being identified as having HIV/AIDS. The NGO stated that at least four
    patients with HIV/AIDS died due to denial of treatment. Patients
    reported hiding the fact that they were HIV positive to receive medical
    care. Women also encountered social stigma when being diagnosed and
    treated for sexually transmitted diseases.
        As of September, the Health Ministry reported 1,223 HIV-infected
    patients in the country, while NGOs estimated the actual number of
    cases to be around 4,000. During the year the ministry identified 114
    new HIV patients--three were pregnant women and 20 were prison inmates.
    The majority of the newly identified patients contracted the disease
    through intravenous drug use and homosexual contacts.
    Section 7. Worker Rights

        a. The Right of Association.--The law provides for the right of all
    workers to form or join independent trade unions of their choice
    without previous authorization or excessive requirements, and workers
    exercised this right in practice. The European Trade Union Institute
    (ETUI) stated that 20 percent of the country's workforce was unionized.
        The law allows unions to conduct their activities without
    interference, and the Government generally protected this right in
    practice. The law also provides for the right to strike; however, key
    public sector employees (primarily military and law enforcement
    personnel) were subject to a blanket prohibition against striking.
    These employees were able to take the Government to court as a means of
    ensuring due process in protecting their rights. Although the law
    prohibits police from striking, police held symbolic protests in 2008
    and in January 2009 against low wages and poor working conditions. In
    March a group of approximately 3,000 police, military, tax employees,
    and prison guards protested against the Government's announced anti-
    crisis plan, which would potentially reduce their salaries.

        b. The Right to Organize and Bargain Collectively.--The law
    provides a legal structure for collective bargaining, which was
    practiced nationally. Labor unions alleged that some employers failed
    to bargain in good faith or to adhere to agreements. According to ETUI,
    30 to 35 percent of workers were covered by a collective bargaining
    agreement.
        The law prohibits antiunion discrimination and includes a provision
    for a six-month salary payment as compensation for illegal dismissal.
    In addition complaints of discrimination based on union affiliation
    could be filed with the Commission for Protection against
    Discrimination, but there were no reports of such complaints during the
    year.
        There are no special laws or exemptions from regular labor laws in
    the country's six free trade zones.

        c. Prohibition of Forced or Compulsory Labor.--The law prohibits
    forced or compulsory labor, including by children. According to the
    Government's labor inspectorate, the Government effectively enforced
    those prohibitions. However, there were some reports of children being
    forced to work for their families or criminal organizations. Women and
    children were trafficked for commercial sexual exploitation. Also see
    the Department of State's annual Trafficking in Persons Report at
    www.state.gov/g/tip.

        d. Prohibition of Child Labor and Minimum Age for Employment.--
    There are laws and policies to protect children from exploitation in
    the workplace, including a prohibition on forced or compulsory labor
    and policies regarding acceptable working conditions. The Government
    was generally effective in implementing these laws and policies.
        The law sets the minimum age for employment at 16 years old and the
    minimum age for dangerous work at 18. To employ children, employers
    must obtain a work permit from the General Labor Inspectorate under the
    Ministry of Labor and Social Policy to employ workers under the age of
    18. Employers can hire children under the age of 16 with special
    permits in limited types of employment. The General Labor Inspectorate
    inspects the working conditions at all companies applying for child
    work permits.
        Employment of children without a work permit is a criminal offense
    and entails a punishment of up to six months in prison. Child labor
    laws generally were enforced well in the formal sector, but NGOs
    reported that children were exploited in certain industries
    (particularly small family-owned shops, textile production,
    restaurants, construction businesses, and periodical sales) and by
    organized crime (notably for prostitution, pickpocketing, and the
    distribution of narcotics). Besides trafficking for commercial sexual
    exploitation, the worst forms of child labor included heavy physical
    labor and labor on family tobacco farms, a significant health hazard.
    The Government continued programs to eliminate the worst forms of child
    labor, mounted educational campaigns about their effects, and
    intervened to protect, withdraw, rehabilitate, and reintegrate children
    engaged in the worst forms of child labor.
        The general labor inspectorate continued to report a decline in
    child employment during the year, which was primarily due to the
    overall unemployment rise resulting from the financial crisis. As of
    December the inspectorate granted 1,734 requests for employment of
    children between the ages of 16 and 18 years old. The inspectorate
    granted 100 requests for work permits for children under the age of 16.
    The inspectorate referred 12 cases of unlicensed, underage workers to
    the Prosecution Service. The inspectorate also found five other
    violations of child labor laws, primarily involving failure to
    recognize the different provisions for paid leave and working hours
    that apply to minors. According to the inspectorate, once corrected,
    employers did not repeat the violations.

        e. Acceptable Conditions of Work.--The national minimum wage
    remained 240 levs ($163) per month. While this wage did not provide a
    decent standard of living for a worker and family, many workers
    received more wages unofficially to avoid taxes.
        The law provides for a standard workweek of 40 hours with at least
    one 24-hour rest period per week. The Ministry of Labor and Social
    Policy is responsible for enforcing both the minimum wage and the
    standard workweek. The law stipulates that premium pay for overtime
    cannot be less than 150 percent during workdays, 175 percent during
    weekends, and 200 percent during official holidays. The law prohibits
    overtime for children under age 18, pregnant women, and women with
    children up to age six. Enforcement was generally effective in the
    state sector but weaker in the private sector. During the year the
    labor inspectorate found 490 violations of overtime pay rules.
        A national labor safety program, with standards established by law,
    gives employees the right to healthy and nonhazardous working
    conditions. The labor inspectorate is responsible for monitoring and
    enforcement. In the first nine months of the year, there were exactly
    the same number of work-related incidents as in 2009, but employers
    were generally more compliant in observing their obligation to provide
    healthy working conditions. Conditions in some sectors, particularly
    construction, mining, chemicals, and transportation, continued to pose
    risks for workers. As of October there were 60 workplace-related
    deaths, compared with 48 for the same period in 2009. At least 30
    percent of the deaths occurred in the construction sector.
        The law gives employees the right to remove themselves from work
    situations that present a serious or immediate danger to life or health
    without jeopardy to their continued employment; however, refusal to
    work in such situations could result in the loss of employment.

                                   __________

                                    CROATIA

        The Republic of Croatia is a constitutional parliamentary democracy
    with a population of 4.4 million. Legislative authority is vested in
    the unicameral Sabor (parliament). The president serves as head of
    state and commander of the armed forces, cooperating in the formulation
    and execution of foreign policy; he also nominates the prime minister,
    who leads the Government. Domestic and international observers stated
    that presidential elections held in December 2009-January 2010 were in
    accordance with international standards. Security forces reported to
    civilian authorities.
        There were reports of prison overcrowding, large backlogs of
    unresolved criminal and civil cases, ineffective prosecution of some
    domestic war crimes trials, lack of progress in restoring nationalized
    property to the Serb Orthodox Church and Coordination of Jewish
    Communities in Croatia, incidents of societal violence and
    discrimination against ethnic minorities, particularly Serbs and Roma,
    violence and discrimination against women, trafficking in persons,
    violence and discrimination against gays and lesbians, and
    discrimination against persons with HIV/AIDS.
                            respect for 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 the Government or its agents committed arbitrary or unlawful
    killings. There were no killings of police officers in the line of
    duty.

        b. Disappearance.--There were no reports of politically motivated
    disappearances.
        In December the Government reported 1,853 persons remained missing
    from the 1991-95 military conflict, including an estimated 831 ethnic
    Serbs, the majority of whom went missing in 1995. During the year the
    Government investigated 39 possible mass and individual gravesites,
    resulting in the exhumation of the remains of 53 persons, 51 of whom
    were believed to be ethnic Serbs. The Government identified the remains
    of 63 persons found earlier, 52 of whom were ethnic Serbs.
        The Government continued to cooperate with the International
    Commission of Missing Persons (ICMP), with which it exchanged 7,039
    blood samples. These exchanges led to the identification of the remains
    of 223 persons since 2004. To date the Government has exhumed 4,589
    bodies and identified 3,691 missing persons, including the 223 remains
    identified through the exchange of blood samples.
        The Government handled all exhumations and identifications, while
    the International Criminal Tribunal for the former Yugoslavia (ICTY)
    monitored only the sites related to cases it investigated. The ICMP
    assisted in the identification of remains. The Organization for
    Security and Cooperation in Europe (OSCE), the International Committee
    of the Red Cross (ICRC), and experts from Serbia and Bosnia and
    Herzegovina also monitored certain exhumations.

        c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
    Punishment.--The constitution and law prohibit such practices, and the
    Government generally respected these provisions in practice.
        On March 25, three off-duty police officers severely beat and
    injured a 20-year-old Roma at a gas station in Karlovac (see section
    6).

        Prison and Detention Center Conditions.--Prison and detention
    centers were overcrowded.
        The prison system has a capacity of approximately 3,500 persons,
    but there were an estimated 5,000 inmates in prisons, penitentiaries,
    and juvenile detention institutions at the end of the year. Of the
    5,000 inmates, 225 were women. There were 107 juvenile prisoners.
        The country has an ombudsman for human rights, who regularly
    visited prisons throughout the country to assess conditions. According
    to the ombudsman, while treatment of prisoners was generally humane,
    the Government was unable to meet fully prisoners' needs for
    healthcare, hygiene, space and fresh air, and access to work
    opportunities due to overcrowding.
        The ombudsman specifically cited poor ventilation and insufficient
    outdoor time as problems. While prisoners generally had access to
    medical care, medical personnel do not staff all prisons continuously
    during the week and during vacation times. Access to sufficient
    psychiatric services and to specialists was a problem. Prisoners have
    potable water.
        Prisoners and detainees had reasonable access to visitors and were
    permitted religious observances. Authorities did not permit prisoners
    and detainees to submit complaints to judicial authorities without
    monitoring. Authorities allowed prisoners to request investigation of
    credible allegations of inhumane conditions; however, the ombudsman
    reported that prison staff verbally harassed some prisoners, and in one
    case subjected a prisoner to disciplinary measures following an oral
    complaint to the ombudsman. The Central Office of the Prison System
    Department monitors prison conditions, promptly responds to complaints
    about prison conditions from the ombudsman's office, and rectifies
    problems where possible.
        The Government permitted visits by independent human rights
    observers, including the ICRC. The ombudsman has no authority to serve
    on behalf of prisoners to consider such matters as alternatives to
    incarceration for nonviolent offenders to alleviate overcrowding;
    addressing the status and circumstances of confinement of juvenile
    offenders; and improving pretrial detention, bail, and recordkeeping
    procedures to ensure that prisoners do not serve beyond the maximum
    sentence for the charged offense. The ombudsman can only intervene in
    relation to prison conditions. His opinion is not binding. The
    ombudsman recommended that certain well behaved prisoners be moved to
    lower security level facilities or to a prison closer to their home to
    facilitate family visits.
        During the year the Government completed construction of a new
    prison facility in Glina in accordance with a March 2009 Constitutional
    Court verdict instructing the Government to adjust prison capacity in
    Zagreb's main prison to meet present needs within five years. The
    facility was designed to provide room for 420 prisoners.

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

        Role of the Police and Security Apparatus.--The national police
    have primary responsibility for national security; in times of
    disorder, the prime minister and the president may call upon the
    military to provide security. The intelligence service is under the
    authority of the prime minister and the president. An independent
    oversight board monitors intelligence service performance.
        On March 12, the Zagreb County Court sentenced Mladen Slogar to 30
    years in prison for the 2008 killing of Ivana Hodak. During the trial
    prosecutors claimed Slogar, a homeless man, harbored a personal grudge
    against the Hodak family. Hodak was a young lawyer and the daughter of
    Zvonimir Hodak, a prominent criminal defense lawyer. Hodak's killing
    sparked a public outcry and led to the replacement of the interior and
    justice ministers within days.

        Arrest Procedure and Treatment While in Detention.--Police obtained
    arrest warrants by presenting probable cause to an investigative
    magistrate; however, police can make arrests without a warrant if they
    believe a suspect might flee, destroy evidence, or commit other crimes.
    The police have 24 hours to justify an arrest to a magistrate.
        Police must provide those arrested with access to an attorney of
    their choice within 24 hours of arrest. The magistrate appoints an
    attorney to represent an indigent detainee if the charges carry a
    potentially lengthy sentence. The Government generally enforced these
    provisions. For organized crime and corruption cases, prosecutors have
    the authority to hold suspects for up to 48 hours. In all cases, an
    investigative judge must decide within 48 hours of an arrest whether to
    extend detention for further investigation. Investigative detention
    generally lasts up to 30 days; however, trial courts may extend the
    period up to 12 months in certain cases. The law allows six months'
    pretrial detention, but a court may extend it to 12 months in certain
    cases, primarily war crimes and organized crime cases, at the state
    prosecutor's request. The courts may release detainees on their own
    recognizance, but most criminal suspects were held in custody until
    trial. The option of posting bail after an indictment is available, but
    detainees did not commonly exercise the right. Detention centers
    allowed visits by family members.
        The law provides that state attorneys have primary investigative
    responsibilities. The law gives investigative judges the authority to
    oversee the legality of investigations and detentions, including
    oversight of human rights issues and supervising relations between
    prosecutors and defendants. Investigative judges also rule on appeals
    regarding detention and on the use of such special investigative
    techniques as surveillance, wiretapping, and raids. The law also
    provides for a ``supervisor for detention,'' who is responsible for
    ensuring the constitutional rights of detainees are not violated.
        On April 30, the parliament ratified the Agreement on Execution of
    Court Decisions in Criminal Matters with Bosnia and Herzegovina, which
    was negotiated in February. The agreement aims to end the effective
    impunity resulting from the legal prohibition on extradition of
    Croatian nationals. The prohibition potentially allows persons with
    dual citizenship who have been convicted in Bosnia and Herzegovina to
    reside in the country without fear of extradition. Under the agreement,
    the sentencing state may request that the execution of the original
    sentence be enforced by the other state. The agreement excludes in
    absentia and nonfinal convictions, as well as criminal acts of a
    political, military, or fiscal nature. However, the agreement does not
    exclude war crimes, crimes against humanity, and genocide.
        During the year the country signed new extradition agreements with
    Serbia and Montenegro, providing for extradition of each country's
    nationals in organized crime and corruption cases. The June amendment
    to the Croatian constitution allowing for the extradition of Croatian
    nationals to EU-member and other states on a bilateral basis made such
    agreements possible. The agreements took effect upon signing, but had
    not been formally ratified by parliament before year's end.
        On August 24, the country extradited Srecko Kalinic, who held both
    Croatian and Serbian citizenship, to Serbia. In 2007 a Serbian court
    sentenced Kalinic to 30 years for his involvement in the assassination
    of then Serbian prime minister Zoran Djindjic. Kalinic was the first
    citizen extradited to a foreign country since Croatia's independence in
    1991.

        Amnesty.--The law permits amnesty except in cases of war crimes.
    During the year prosecutors reviewed all war crimes cases in which
    there were indictments or ongoing investigations. For 310 of the 1,284
    defendants in these cases, prosecutors either downgraded the charges
    from war crimes to armed rebellion, for which amnesty would apply, or
    cancelled proceedings for other reasons, such as insufficient evidence.

        e. Denial of Fair Public Trial.--The constitution and law provide
    for an independent judiciary, and the Government generally respected
    judicial independence. The judiciary continued to suffer from a heavy
    backlog of cases. In June the Ministry of Justice reported that 778,127
    unresolved civil and criminal cases remained before the courts, a
    decrease of 10 percent from 2009.

        Trial Procedures.--The constitution and law provide for the right
    to a public trial, and an independent judiciary generally enforced this
    right. The legal system uses panels of judges, which in some cases
    included lay judges, rather than juries to hear cases. Defendants have
    the right to counsel, to be present at trial, to confront or question
    witnesses against them, and to present witnesses and evidence on their
    behalf. Defendants have access to evidence relevant to their cases,
    enjoy the presumption of innocence, and have the right to appeal.
        In January the parliament amended the Law on Legal Aid to simplify
    the process of attaining free legal assistance. However,
    nongovernmental organizations (NGOs) and international organizations
    criticized the law's complex application procedure, strict
    requirements, and the Government's failure to properly compensate legal
    aid providers for their services, stating that the law seriously limits
    the access of vulnerable individuals to free legal aid.
        During the year prosecutors continued to review all pending war
    crimes cases and in absentia convictions and apply standard measures to
    ensure uniform practices without regard to the defendant's national
    origin.
        The law provides for reopening of war crimes cases tried in
    absentia upon the presentation of new evidence by either the defendant
    or prosecutor, whether or not the defendant is present in the country.
    During the year according to the Office of the Chief State Prosecutor,
    prosecutors requested trials be reopened for 94 of the 464 individuals
    who had been convicted in absentia, and the courts of original
    jurisdiction granted requests on behalf of 67 defendants. On appeal the
    Supreme Court approved reopening the cases of an additional 21
    defendants.
        During the year the OSCE reported that the Supreme Court issued
    decisions on appeals in 12 cases concerning 26 individuals (17 ethnic
    Croats, eight ethnic Serbs and one Bosnian). Of the 27 appeals, the
    court confirmed 11 decisions concerning seven Croats, three Serbs, and
    one Bosnian and reversed 12 decisions concerning eight Croats and four
    Serbs.
        In January the Supreme Court reduced the charges against 12 persons
    convicted in February 2009 for their role in the 1991-92 killings in
    the village of Miklusevci from ``genocide'' to ``war crimes.'' However,
    the court confirmed their sentences, which ranged from four to 12
    years' imprisonment for war crimes.
        On March 11, the Supreme Court upheld the acquittal of former
    Croatian Army commander Rahim Ademi of war crimes and reduced, from
    seven years to six, the prison sentence given to former Croatian Army
    commander Mirko Norac for war crimes.
        On July 30, the Supreme Court upheld the May 2009 war crimes
    conviction of Branimir Glavas and five codefendants, but reduced their
    sentences. The court reduced Glavas's sentence from 10 years to eight
    years. In August a parliamentary committee cancelled Glavas's status as
    a member of parliament, retroactive to the date of the final verdict in
    his war crimes conviction. On September 29, a court in Bosnia and
    Herzegovina upheld the eight-year sentence issued by the Croatian
    court, and Glavas was arrested the same day. On December 14, an appeals
    court in Bosnia further upheld the sentence. Along with former general
    Norac, Glavas was the highest-ranking Croatian ever convicted in a
    domestic war crimes trial in the country.
        On December 10, police arrested suspected war criminal Tomislav
    Mercep in Zagreb. On December 13, an investigative judge opened a
    formal investigation and ordered his further detention. During the
    early 1990s war in the country, Mercep served as an advisor in the
    Ministry of Interior in command of reserve police units in Pakracka
    Poljana in Eastern Croatia and in Zagreb. Mercep was charged for
    personally ordering the unlawful detention, torture, and killings of
    civilians and for failing to prevent illegal activities by his
    subordinates.
        In January the Government established a special committee to
    monitor and suggest improvements to witness and victim support efforts.
    Members of the committee come from various ministries, the judiciary,
    prosecutors' offices, academia, and NGOs. The Government established a
    new Directorate for Probation and Witness and Victim Support in the
    Ministry of Justice. In July courts took control of four witness and
    victim support offices (Zagreb, Osijek, Vukovar, and Zadar) from the UN
    Development Program (UNDP). In July the UNDP and the Ministry of
    Justice signed an agreement on a second phase of the program, intended
    to facilitate the establishment of witness and victim support programs
    in the Split, Rijeka, and Sisak county courts.
        Since the constitutions of most Southeast European countries
    involved in the 1991-95 conflict prohibit extradition of their
    citizens, the country's chief state prosecutor has signed agreements
    with counterparts in Montenegro and Serbia to enable the transfer of
    evidence in such cases, allowing suspects to be tried where they live
    rather than where the alleged crime was committed. During the year the
    country transferred evidence in two cases covering six defendants to
    Serbia. There were no transfers of evidence to Montenegro.

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

        Regional Human Rights Court Decisions.--In 2009 the European Court
    of Human Rights (ECHR) issued 19 judgments involving the country, 16 of
    which found at least one violation by the state of the European
    Convention on Human Rights. The court found seven violations by the
    country of the right to a fair trial, six violations regarding the
    length of legal proceedings, three violations each of the right to
    respect for privacy and family life and protection of property, two
    violations of the right to an effective remedy, and one violation each
    of convention provisions concerning the right to life, inhuman or
    degrading treatment, lack of effective investigation, and the right not
    to be tried or punished twice.
        During the year there were 30 decisions on admissibility of cases
    involving the country before the ECHR, of which the court found four
    partially admissible.
        In March the ECHR Grand Chamber ruled the state had violated its
    obligations under the European convention in a case involving school
    discrimination against 15 Romani children (see section 6).
        On December 9, the ECHR ruled the country discriminated against
    three Christian religious communities by not affording them some of the
    rights that they would be entitled to if they qualified for a special
    agreement with the state. Communities with more than 6,000 members or
    that existed in the country before 1941 are entitled to state
    agreements that provide some funding for salaries and pensions of
    religious officials, recognition of marriages conducted within the
    faith, and regulation of public school catechisms among other things.
    The ECHR ruled that the country should compensate each of the three
    communities 9,000 euros ($11,926).

        Civil Judicial Procedures and Remedies.--There is an independent
    and impartial judiciary in civil matters, although continuing case
    backlogs raised concerns about judicial effectiveness and efficiency.
    In March the human rights ombudsman reported that his office received
    1,655 complaints in 2009 related to administrative and judicial
    proceedings, 334 of which dealt with the judiciary. Unlike in previous
    years, when the majority of complaints concerned lengthy proceedings,
    most of the complaints in 2009 involved verdicts perceived to have been
    unjust. The ombudsman noted there was an increase in the number of
    groundless complaints during the year.

        Property Restitution.--During the year the Government endeavored to
    return private properties to their rightful owners. However, the
    property law gives precedence to the rights of temporary occupants,
    mainly ethnic Croats, over those of the original owners, who were
    predominantly ethnic Serbs. In nine cases owners could not repossess
    their homes and were waiting for completion of administrative
    procedures.
        Restitution of property seized during World War II and the
    Communist era remained a problem. The law on restitution of and
    compensation for property taken during the Communist era permits the
    restitution of property only to individuals who were citizens at the
    time parliament passed the law. As a result, the law does not apply to
    persons who had property expropriated but left the country and became
    citizens of other countries. Many claimants subsequently acquired
    Croatian citizenship but were blocked by law from filing claims.
        Restitution of communal property remained a problem for the Serb
    Orthodox Church and the Coordination of Jewish Communities in Croatia,
    the umbrella organization representing the main Jewish Community of
    Zagreb and smaller communities throughout the country. In addition,
    representatives of the Jewish community complained about a Ministry of
    Justice decision in March that denied the community the right to the
    title for property previously restituted.

        f. Arbitrary Interference With Privacy, Family, Home, or
    Correspondence.--The constitution and law prohibit such actions, and
    the Government generally respected these prohibitions in practice.
    Section 2. Respect for Civil Liberties, Including:

        a. Freedom of Speech and Press.--The constitution and law generally
    provide for freedom of speech and the press; however, growing economic
    pressures led journalists to practice self censorship. Direct
    government efforts to influence the media were rarely reported except
    at the local level.
        There were reports that local officials influenced media coverage.
    There were also reports of commercial interests using advertising
    revenue to influence press coverage and prevent the publication of
    negative articles, and that the media in turn threatened to publish
    negative stories about businesses to extort money from them.
        Journalists reported practicing self-censorship. They expressed the
    fear of being singled out for staffing cuts if they were to write
    articles critical of advertisers.
        The law provides for no less than six months' and no more than five
    years' imprisonment for hate speech. Hate speech committed over the
    Internet is punishable by six months' to three years' imprisonment.
        Individuals may freely criticize the Government publicly or
    privately without reprisal.
        A wide range of private newspapers and magazines was published
    without government interference. Media ownership was not fully
    transparent, enabling political or other interests to conceal their
    influence on media outlets.
        The law regulates the national television and radio networks
    separately from other electronic media. Independent television and
    radio stations operated in the country, and two of the four national
    television channels were private and independent. There were no reports
    of the Government influencing them with advertising revenue.
        Local governments partly or fully owned approximately 70 percent of
    the local media, making local broadcast media particularly vulnerable
    to political pressure. Approximately 46 percent of local radio stations
    depended on the financial support of local authorities.
        On August 5, a group of neo-fascists attacked a Croatian Television
    (HRT) crew at the annual celebration in Cavoglave, Dalmatia of the 1995
    military operation that defeated separatist ethnic Serb forces in the
    country. The Croatian Journalists Association released a statement the
    following day criticizing the police reaction for being slow and
    unresponsive. Following broadcast of HRT footage of the attack, police
    identified several of the alleged attackers and filed criminal charges
    against one of them and misdemeanor charges against several others. As
    of year's end, the individual who was criminally charged was still
    awaiting a court hearing.
        On December 22, authorities arrested four persons suspected in the
    June 2008 beating of investigative journalist Dusan Miljus. The four
    were arrested as part of a wider sting operation aimed against
    organized crime. One has been charged with the attack on Miljus and was
    awaiting a court hearing.
        The trial of Joca Amsterdam for the 2008 killing of Ivo Pukanic, a
    publisher and co-owner of the NCL Media Group, began in April. The
    trial was held in Serbia because of Serbian government restrictions on
    the extradition of its nationals. The trial continued at year's end. On
    November 3, six accomplices on trial in the country were convicted on
    charges of aiding, abetting, and committing murder. Their sentences
    ranged from 15 to 40 years' imprisonment.
        On December 20, the Split Municipal Court, on appeal, sentenced
    former Makarska municipal court judge Predrag Trutin, to six months in
    prison for the 2006 beating of Andjelko Erceg, the editor in chief of
    the local weekly Makarska Kronika. This appeal followed a March local
    court ruling in which Trutin was acquitted of the charges.
        There was intense public debate after the Serbian minority
    newspaper Novosti published in its October 8 weekly edition a
    controversial cover for a story regarding the September 23 crash of two
    Croatian MiG-21 fighter planes in the central part of the country
    during training. The headline, ``Both of them, both are down,'' was an
    echo of a famous phrase spoken by a Croatian soldier in 1991 during the
    war with Serbia after Croatian forces shot down two Yugoslav fighter
    jets. Minister of Defense Branko Vukelic strongly condemned the cover
    as ``an insult to all Croatian veterans and well-meaning citizens of
    the Republic of Croatia.'' Following his statement Novosti received
    threatening phone calls. President Josipovic condemned the threats but
    also stated that he did not like the cover and thought the publisher
    should reconsider its editorial policy. Media reports questioned
    whether Vukelic and Josipovic's statements undercut freedom of
    expression. As a minority paper, Novosti receives some government
    financing. Over a month later, the board of Novosti replaced the
    editor-in-chief.
        Libel is a criminal offense. During the year there were no reports
    of politically motivated libel cases. A large number of libel cases
    from previous years remained unresolved due to judicial backlogs.
    Courts may fine, but not imprison, persons convicted of slander and
    libel.

        Internet Freedom.--There were no government restrictions on access
    to the Internet or reports the Government monitored e-mail or Internet
    chat rooms. In general individuals and groups could engage in the
    peaceful expression of views via the Internet, including by e-mail.
    Internet access was widely available and used by citizens throughout
    the country. During the year there were no reports that the Government
    collected, requested, or obtained the personally identifiable
    information of persons in connection with peaceful expression of
    political, religious, or ideological opinion or belief. An estimated 51
    percent of the country's inhabitants used the Internet.

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

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

        Freedom of Association.--The constitution and law provide for
    freedom of association, and the Government generally respected this
    right in practice; however, the law gives the Ministry of Justice
    authority over the establishment and internal governance of
    foundations. While authorities applied the law equally to all
    organizations, the law itself was seen by observers as restrictive and
    controlling. For example, the law provides that organizations may not
    register if their statutory goals are deemed trivial or if their
    property is not deemed sufficient to carry out their statutory
    activities. The law also permits the Government to influence the
    appointment of an organization's management body.
        On July 10, police arrested and detained an estimated 140 persons
    who were reportedly peacefully protesting the destruction of a historic
    part of Zagreb to construct an entrance ramp for a shopping center. The
    international NGO Amnesty International (AI) stated that the arrests
    and detentions were an unnecessary restriction of the right to freedom
    of peaceful assembly. AI called on the authorities to guarantee the
    right of freedom of assembly.

        c. Freedom of Religion.--For a complete description of religious
    freedom, see the 2010 International Religious Freedom Report at
    www.state.gov/g/drl//irf/rpt

        d. Freedom of Movement, Internally Displaced Persons, Protection of
    Refugees, and Stateless Persons.--The constitution and law provide for
    freedom of movement within the country, foreign travel, emigration, and
    repatriation, and the Government generally respected these rights in
    practice. The Government cooperated with the Office of the UN High
    Commissioner for Refugees (UNHCR) and other humanitarian organizations
    in providing protection and assistance to internally displaced persons,
    refugees, returning refugees, asylum seekers, stateless persons, and
    other persons of concern.
        The law prohibits forced exile, and the Government did not employ
    it.
        Refugees returning to the country as citizens of another former
    Yugoslav republic, rather than as Croatian citizens, encountered
    obstacles obtaining permanent residency status. The law permits former
    habitual residents who returned and applied by June 2005 to be
    reinstated to their prewar status as habitual residents without further
    requirements, and they could subsequently apply for citizenship.
    However, the Government did not consistently apply this provision,
    resulting in uncertainty and delaying the integration of returnees. The
    law exempts refugees from the republics of the former Yugoslavia from
    the rigid citizenship requirements of the previous law. However, the
    UNHCR criticized the Government's implementation of the law and
    maintained that returning refugees faced undue hardship and delay in
    obtaining citizenship. NGOs reported positive feedback concerning the
    law from returnees who were able to acquire citizenship.
        The Government took steps to recognize or ``convalidate'' legal and
    administrative documents issued by entities not under the country's
    control during the 1991-95 conflict. In November the Government
    reported receiving an estimated 23,000 applications for
    ``convalidation'' and issuing decisions in approximately 89 percent of
    the cases. The Government approved documents in approximately 56
    percent of the cases that it decided during the year, rejecting 44
    percent of the applications for convalidation. International observers
    noted there were wide discrepancies between regional offices with
    average approval rates varying by as much as 50 percent, bringing into
    question the equity of the approval system. The Government stated the
    discrepancy was due to the lack of documentation in some regions and
    took steps during the year to obtain this documentation, with limited
    success.
        As of September the UNHCR had registered the return of 389,185
    refugees and internally displaced persons (IDPs), of which 132,707 were
    minority Serbs. The total included 302 persons who returned in the
    first nine months of the year. The UNHCR reported that 54 percent of
    total returns were sustainable, while the remainder were either one-
    time or ``commuter'' returns. International organizations listed the
    poor state of the regional economy, lack of employment, and delays in
    access to permanent housing for the former tenants of socially owned
    apartments as the main obstacles to return. In addition, many refugees
    chose to settle in their countries of refuge.
        Repossession by Serbs of housing that once belonged to them was
    almost complete. There were instances in which persons were discovered
    attempting to use the courts to recover alleged investments made while
    illegally occupying the property, and 19 such cases were pending in the
    courts. The Government remained reluctant to offer settlements before
    the cases reached a court.
        During the year the Government program to resolve the claims of
    persons, mainly ethnic Serbs, who held tenancy rights in socially owned
    apartments prior to the war, but who lost these rights during or just
    after the war, continued slowly. As of November individuals submitted
    14,006 claims for government-provided housing under the program, 4,590
    of which were in urban areas. According to the UNHCR, from 1995 through
    the end of November, the Government allocated 6,538 housing units,
    mainly in war-affected areas. During the year the Ministry of Regional
    Development, Forestry, and Water Management delivered 798 housing units
    to returnees, approximately 38.5 percent of its 2009 target of 2,070
    housing units.
        On June 22, the European Committee of Social Rights found that the
    question of restitution or compensation of occupancy and tenancy rights
    does not fall within the scope of Article 16 of the European Social
    charter (the right of the family to social, legal, and economic
    protection, which includes housing) and that the country does not have
    an obligation to restitute or compensate for loss of dwelling former
    occupants or tenants who do not return to the country. At the same time
    the European Committee of Social Rights found the country to be in
    violation of two other areas covered by the same article: failure to
    implement the housing program within a reasonable timeframe and failure
    to take into account the heightened vulnerabilities of many displaced
    families and of ethnic Serb families in particular.
        In response to a March 2009 decision by the UN Human Rights
    Committee against the country regarding the lost occupancy and tenancy
    rights of a former refugee who fled the country during the 1990s Balkan
    wars, the Government offered an apartment as compensation. The returnee
    turned down this offer and one other due to the size and location of
    the apartments; the Government subsequently offered him a third
    apartment.

        Internally Displaced Persons (IDPs).--Authorities took an
    inconsistent approach in their treatment of minority IDPs. As of
    September 2, there were 146 IDPs registered with the Government; of
    these 1,638 were ethnic Serbs. Since this number has not changed since
    2008, the UNHCR questioned the accuracy of government figures. The
    Serbs were either waiting to be recognized as integrated in their
    current places of displacement or to receive reconstruction assistance
    from the state.
        The Government allowed free access to all displaced persons by
    domestic and international humanitarian organizations and permitted
    them to provide assistance.

        Protection of Refugees.--The country's laws provide for granting
    asylum or refugee status, and the Government has a system to provide
    protection for refugees. Persons seeking protection generally
    considered the country a place of transit, and a significant number of
    asylum seekers left the country before the courts decided their claims.
    International observers criticized the Government for delays in making
    initial decisions for asylum seekers.
        In law and practice the country provided effective protection
    against the expulsion or return of refugees to countries where their
    lives or freedom would be threatened on account of their race,
    religion, nationality, membership in a particular social group, or
    political opinion.
        The Government reported 182 persons applied for asylum through
    November of this year; of these, five persons were granted refugee
    status, and eight received subsidiary protection (protection granted to
    an applicant whose situation is not covered by the 1951 Convention
    relating to the Status of Refugees). There was a reception center for
    asylum seekers in Kutina, near Zagreb.
        On July 2, the parliament amended the law on asylum, a necessary
    step in the country's EU accession bid. The amendments extended the
    length of subsidiary protection from one year to three and extended the
    right to accommodation for persons granted protection from one year to
    two. The law expanded access of persons granted protection to public
    health care, education, and employment. The law also expanded the role
    of the appeals commission, making it more independent; the commission
    is scheduled to be replaced in 2012 by an administrative court that
    oversees asylum appeals. The UNHCR closely followed cases of
    individuals whom the Government deported or whom authorities returned
    to their country of origin.
        There were no reports of persons requesting temporary protection
    during the year.

        Stateless Persons.--Citizenship is derived by birth in the
    country's territory or from one of the parents. According to UNHCR
    statistics, there were 237 stateless persons in the country as of the
    end of 2009. However, according to the UNHCR and Roma NGO estimates,
    there were 1,000 stateless Roma in the country and an additional 2,000
    of unidentified citizenship. Most stateless Roma were from other areas
    of the former Yugoslavia and had difficulty providing documents needed
    to register as Croatian citizens. Stateless Roma had problems accessing
    state services. In October 2009 the UNHCR, supported by EU funding,
    entered into a joint project with the human rights ombudsman's office
    that sought to regularize the legal status of Roma in the country.
    During the year 242 people were assisted either with civil registration
    or access to basic rights. One person obtained citizenship through the
    help of the program.
    Section 3. Respect for Political Rights: The Right of Citizens to
            Change Their Government
        The constitution and law provide citizens with the right to change
    their government peacefully, and citizens exercised this right in
    practice through periodic, free, and fair elections on the basis of
    universal suffrage.

        Elections and Political Participation.--Political parties could
    operate without restriction or outside interference.
        In presidential runoff elections held on January 10, Ivo Josipovic,
    candidate of the center-left Social Democratic Party (SDP), defeated
    Milan Bandic, the independent mayor of Zagreb, to become the country's
    third president. While noting progress in the work of most institutions
    involved, Citizens Organized to Observe Elections (GONG), the country's
    leading election-monitoring NGO, observed that the electoral process
    had not been fully transparent, primarily due to inadequate regulation
    of campaign financing and outdated lists of out-of-country voters.
        In June the parliament fixed the number of representatives elected
    by the estimated 400,000 registered voters living abroad to three, thus
    changing the previously stipulated nonfixed quota, which had typically
    resulted in four to six ``diaspora'' representatives. This number was a
    result of a political compromise between the governing party and the
    main opposition party. The opposition party wanted the diaspora to have
    less influence in elections.
        There were 39 women in the 153-seat parliament. There were two
    women in the 19-seat cabinet, including the prime minister. There were
    five women among the 13 Constitutional Court justices, including the
    president of the court, and 19 women among the 40 Supreme Court
    justices.
        Ethnic minority groups including Serbs, Bosniaks, Czechs, Slovaks,
    Italians, Hungarians, Jews, Germans, Austrians, Ruthenians, Ukrainians,
    Slovenes, Montenegrins, Macedonians, Russians, Bulgarians, Poles, Roma,
    Romanians, Turks, Vlachs, and Albanians are guaranteed a minimum of
    eight representatives in the parliament. In June the parliament adopted
    amendments to the Constitutional Law on National Minorities that would
    allow members of the ethnic Serb minority, the largest in the country,
    to vote only in the general elections although the minority is
    guaranteed a minimum of three parliamentary representatives. These new
    provisions allow ethnic Serb parties to win a possible fourth seat in
    the parliament, although implementation will require changes to the
    Election Law. Voters from smaller minority ethnic groups have the right
    to vote both for a representative in the general elections as well as
    for a minority representative. Previously all members of minority
    groups had to choose either to vote in the general parliamentary
    elections or to vote for one of the minority representative seats.
    Section 4. Official Corruption and Government Transparency
        The law provides criminal penalties for official corruption;
    however, the Government did not always implement the laws effectively,
    and corruption remained a serious problem.
        Corruption cases in the country involved nearly all segments of
    society, the economy, and government, with a nexus of institutions--
    primarily in health care, university faculties, the judiciary, and
    public-sector and commercial enterprises--often at the center of
    corruption cases.
        During the year the Office for Suppression of Corruption and
    Organized Crime (USKOK) reported that 137 persons were indicted for
    corruption compared with 160 from the previous year and concluded
    several cases against high-profile government officials, university
    professors, judges, public servants, and other professionals.
        On December 10, former prime minister Ivo Sanader was arrested in
    Austria based on an international arrest warrant issued after
    parliament on December 9 stripped his immunity from detention at the
    state prosecutor's request. Following parliament's decision, a Croatian
    judge ordered Sanaders arrest and 30 days of pretrial detention to
    facilitate the state prosecutor's investigation of Sanader for possible
    corruption. Sanader was awaiting extradition at year's end. No formal
    indictment was issued, as investigations continued.
        On December 6, a Zagreb court found former minister of defense and
    current member of parliament Berislav Roncevic and his former
    assistant, Ivo Bacic, guilty of abuse of authority and position for
    alleged misuse of funds in a 2004 deal to buy 39 trucks for the
    Ministry of Defense. Roncevic was sentenced to four years in prison and
    Bacic to two years. They were also ordered to pay 10.2 million kunas
    ($1.8 million) in damages to the state budget.
        On October 16, Damir Polancec, former deputy prime minister and
    minister of the economy, was sentenced to 15 months in prison for
    corruption related to the commissioning of an unnecessary study while
    he was minister of the economy. On October 19, he pled guilty to a
    separate charge of abuse of office relating to the installation of
    lighting for a soccer stadium in his home town. He received a one year
    suspended sentence for this charge and will serve no time if he does
    not commit another crime in the next four years. There were two other
    corruption cases pending against Polancec at year's end. The first
    involved Polancec and members of the former management board of
    Croatian food manufacturer Podravka and focused on Polancec's and the
    board's role in official corruption between 2007 and 2009.The second
    case centered on potential illegal activities involving the country's
    power company HEP while Polancec was deputy prime minister from 2005 to
    2009. Authorities alleged that Polancec helped a Sibenik-based light
    metal factory defraud HEP of approximately 600 million kunas ($107
    million). Both of these investigations against Polancec continued at
    year's end.
        On September 29, authorities arrested Mladen Barisic, Chief of the
    Customs Administration, in connection with allegedly fake tenders
    amounting to a reported 40 million kunas ($7.1 million). An
    investigation continued at year's end.
        During the year the Supreme Court ruled on appeals related to the
    multiyear USKOK anticorruption operation and subsequent trials
    codenamed ``Maestro.'' On February 17, the court upheld the May 2009
    corruption conviction and sentencing to 11 years in prison of Josip
    Matanovic, a former vice president of the Croatian Privatization Fund.
    The court also upheld one defendant's sentence of three years'
    imprisonment and ordered a retrial for several defendants who were
    convicted in the original May 2009 trial. On May 25, the court ordered
    a retrial of two individuals acquitted in a March 2009 trial involving
    corruption in the Privatization Fund. This trial continued at year's
    end.
        On February 1, the Zagreb County Court convicted 19 of 21
    defendants of abuse of office, bribes, and brokering illegal deals in
    connection with the ``Index III'' corruption case at the University of
    Zagreb School of Economics. Five defendants, including all of those
    convicted of taking bribes, received sentences of from 14 to 30 months
    in prison. Among those sentenced to prison was the highest-profile
    defendant, economics professor Desa Mlikotin Tomic, who resigned as
    chair of the parliament's Committee for the Prevention of Conflict of
    Interest following the initial police raids at the Economics Faculty in
    2008. All students accused in the case received suspended sentences,
    while several professors were prohibited from serving in academic
    positions for two to five years. At year's end, an appeal was pending
    in the Supreme Court.
        Appeals of two cases decided in 2009 dealing with corruption at the
    Transportation Faculty at the University of Zagreb, ``Index I'' and
    ``Index II,'' were pending at the Supreme Court.
        On March 17, the Ministry of Justice sent a request to authorities
    in Bosnia and Herzegovina for the detention and imprisonment of Ognjen
    Simic, based on the agreement reached in February between Bosnia and
    Herzegovina and Croatia that provides for persons convicted in one
    country to be imprisoned in the other, should they flee there. Simic, a
    heart surgeon, fled to Bosnia and Herzegovina in 2008 at the conclusion
    of his corruption trial. In June a court in Bosnia and Herzegovina,
    which was deciding on Simic's detention under the agreement, reduced
    his sentence to two-and-a-half years from the five years imposed under
    the Croatian Supreme Court's final verdict in 2009. On December 1, the
    same court upheld this reduced sentence in a retrial after the Supreme
    Court of the Federation of Bosnia and Herzegovina threw out the June
    verdict.
        During the year the Government gave special attention to the legal
    and institutional framework used to combat corruption, including
    investigations, prosecution, and interagency and international
    cooperation. The Government worked closely with civil society and the
    private sector to promote the rule of law in society.
        The law requires public officials to declare their assets. Most
    government officials complied, although there were questions as to the
    thoroughness and effectiveness of the system and imprecision as to the
    types of assets covered.
        Within the Government, the public prosecutor's and police's Offices
    for Suppression of Corruption and Organized Crime (USKOK and PN-USKOK,
    respectively) were the main law enforcement bodies responsible for
    fighting corruption. Specialized panels of judges at the four largest
    courts in the country heard organized crime and corruption cases. The
    Ministry of Justice's Anticorruption Sector monitored the
    implementation of anticorruption measures throughout the Government.
        The law provides the right of public access to government
    information; however, NGOs complained that the Government did not
    implement the law efficiently or effectively.
    Section 5. Governmental Attitude Regarding International and
            Nongovernmental Investigation of Alleged Violations of Human
            Rights
        A variety of domestic and international human rights groups
    generally operated without government restriction, investigating and
    publishing their findings on human rights cases. Government officials
    were often cooperative and responsive to their views.
        The Government cooperated with the International Tribunal for the
    former Yugoslavia (ICTY), based in The Hague. On June 18, ICTY Chief
    Prosecutor Serge Brammertz stated during his semiannual presentation to
    the UN Security Council that the country had been ``generally
    responsive to the needs of the Office of the Prosecutor (OTP)'' in the
    first half of the year but that ``the issue of the missing important
    documents related to Operation Storm in 1995 remains outstanding.'' On
    July 26, the ICTY Trial Chamber rejected the prosecution's motion for
    an order compelling the country to turn over missing documents in the
    Gotovina case after more than two years of litigation. Judge Orie wrote
    that ``the Croatian government in recent years has taken a proactive
    approach and made substantial efforts to intensify the search for the
    documents.'' The Trial Chamber stated that the OTP would be able to
    renew an application for these documents ``if new circumstances
    arise.''
        In his next written report delivered to the UNSC in November, the
    chief prosecutor noted that the task force, established by the
    country's government to investigate the fate of the missing military
    documents sought by the OTP, had begun to explore important new avenues
    in the investigation, in line with previous OTP recommendations. The
    prosecutor acknowledged the commitment of the Government to resolve the
    inconsistencies contained in previous task force reports, urging the
    authorities to continue the investigation and account for the missing
    military documents.
    Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
        The law prohibits discrimination based on gender, age, race,
    disability, language, or social status; and the Government generally
    enforced these prohibitions.

        Women.--Rape, including spousal rape, is a crime punishable by one
    to 10 years' imprisonment; however, according to NGOs many women did
    not report rape or spousal rape. The law provides longer sentences for
    sexual violence against persons with disabilities. In cases of rape
    under aggravated circumstances resulting in death or pregnancy, or if
    the victim is a minor, sentences may be between three and 15 years. Due
    to social pressure and stigmatization, rape and sexual violence were
    underreported. NGOs criticized the Government for allowing only police
    and not hospitals to have rape kits, resulting in victims having to be
    examined twice. The availability of victim assistance services, such as
    rape crisis centers, varied widely from community to community.
        In the first 11 months of the year, 75 rapes and 20 attempted rapes
    were reported to police. NGO officials estimated that for every
    reported rape, there were 15 unreported cases; on average, 100 to 140
    cases of sexual violence and rape were reported annually. The NGO
    Women's Room stated that women frequently did not report rape and
    spousal rape because they lacked information about available legal
    protections, felt ashamed, feared reprisal, or, in cases of spousal
    rape, were concerned about economic consequences. Victims also were
    reluctant to report rape, particularly spousal rape, because it was
    difficult to prove in court and because medical staff, police, and
    judicial officials were not trained to treat victims. Women's NGOs
    asserted that sentences for spousal rape tended to be lenient.
        Violence against women, including spousal abuse, remained a
    problem. Through August, 16 women and two minor girls were killed as a
    result of domestic violence, including Mirela Srsic-Smith, a local
    Croatian Television (HRT) news reporter in September. Her death
    followed the August killing of a woman by her husband in front of a
    safe house for victims of domestic violence. The killings received
    widespread media attention and immediate calls for government action.
        The law provides that persons other than the victim, including
    police, may initiate a complaint of domestic violence, which is treated
    as a misdemeanor, but could be deemed a criminal offense depending on
    the severity of the act. Penalties range from fines of 1,000 to 50,000
    kunas ($180 to $9,000) or up to 90 days in prison for misdemeanor
    offenses. Under the law, perpetrators may face up to five years in
    prison for the same acts if they are treated as a criminal offense.
    Police officials tended to classify domestic violence against women as
    misdemeanors, resulting in minimal sentences, particularly in cases of
    spousal rape. Police officers in most urban areas were trained to
    handle family violence and provide quick intervention, secure victims'
    safety, and remove perpetrators from families; in rural areas, police
    officers were generally less well trained in handling such cases.
        According to a survey published on November 23 by the NGO Women's
    Room and the Government's Gender Equality Office, the majority of
    female victims of domestic violence criticized the police, courts, and
    centers for social care as insufficiently helpful. The police, courts,
    and centers for social care cited a heavy workload and lack of training
    and space as the main obstacles to assisting victims.
        On November 8, the Ministry of Interior and the UNDP launched a
    ``Living Life Free of Violence'' campaign with the goal of raising
    public awareness of domestic violence and encouraging citizens to
    report domestic violence. The campaign included video statements by
    President Josipovic and other government officials as well as the
    country's most famous sports and entertainment celebrities. The videos
    were screened throughout the country's schools and placed on social
    networking Web sites. As part of the campaign, 52,000 students and
    4,000 parents attended 1,300 lectures organized in schools throughout
    the country.
        On November 29, the ministries of interior, health, justice,
    education, family, and administration signed an agreement to improve
    cooperation to fight more effectively against domestic violence.
        Support for victims of domestic violence was limited. In general
    private donations financed most services. NGOs and local governments
    operated 18 shelters, all but three of which were permanent. The
    central government in conjunction with county, city, and civic
    organizations financed shelters and counseling centers for victims of
    domestic violence. The ombudsman for human rights reported that 2.5
    million kunas ($450,000) were paid during the year to NGOs running
    shelters for victims of domestic violence. Hotlines, counseling, and
    legal assistance were available to domestic violence victims.
        The law prohibits sexual harassment in the workplace; however, it
    remained a problem. According to trade unions, the problem was most
    pronounced in the textile, leather, trade, and catering industries. The
    ombudsman for gender equality and unions reported that her office
    worked on sexual harassment cases, although many women were reluctant
    to take action for fear of reprisal. On March 3, a court handed down
    the country's first conviction for sexual harassment at a workplace,
    sentencing one defendant to six months in prison for making sexual
    comments over a three-year period. A second defendant was given a four-
    month suspended sentence for harassing a female employee. Local union
    representatives believed the verdict would set an important precedent.
        The Government generally respected the right of couples and
    individuals to decide freely and responsibly the number, spacing, and
    timing of their children. Citizens generally had the information and
    means to do so free from discrimination, coercion, or violence.
    However, only couples of the opposite sex can receive artificial
    insemination. Individuals and same-sex couples are prohibited. There
    was no recent data on the percentage of the population with access to
    contraception, although condoms were widely available, and oral
    contraception was available with a prescription. According to a
    Croatian Bureau of Public Health July report, the maternal mortality
    rate in 2009 was 13.46 deaths per 100,000 live births, an increase from
    6.86 in 2008. Access to maternal health services was generally good,
    although 5 percent of new mothers in 2009 reportedly had little or no
    prenatal care. However, according to the World Health Organization's
    World Health Statistics 2010, 100 percent of births in the country were
    attended by skilled health professionals.
        According to the UNDP, the number of women reported to have HIV
    infections was significantly lower than that of men, but women and men
    were diagnosed and treated equally. However, women living in rural
    areas and working out of the home were believed to be less aware of the
    need and location for testing as their male counterparts. Men and women
    were equally diagnosed and treated for sexually transmitted infections.
        Women generally held lower paying positions in the work force. In
    June the Croatian Statistics Bureau released its annual report Women
    and Men in Croatia. The report noted that women earned less than men in
    most sectors, both private and public. On average women earned 12
    percent less than men. Women were also more likely to be unemployed.
    These disparities were present despite the fact that women generally
    achieved a higher level of education than men. On March 11, the
    Government presented its 2010-13 strategy for the development of female
    enterprise, aimed at increasing the number of women launching
    businesses. Prime Minister Kosor said that the goal was to increase the
    ratio of female beneficiaries of enterprise stimulation programs from
    the current 16 percent to at least 40 percent over the next years.
        The Office for Gender Equality was responsible for implementing the
    law on gender equality that came into effect in 2008 and formulating
    the Government's gender policy; the ombudsman for gender equality
    monitored implementation of the law, including the submission of
    mandatory action plans for state institutions and public companies. In
    May the ombudsman for gender equality issued her annual report, which
    noted that women were underrepresented in the management structure of
    public companies and at state secretary positions in the state
    administration. The ombudswoman noted that almost 89 percent of persons
    on management boards were men.
        The law provides for quotas to secure increased political
    representation for women. It requires that women make up at least 40
    percent of the voting list for each political party by the third round
    of local and national elections as well as in elections for seats in
    the European Parliament. Political parties, state bodies, local
    authorities, employers, and the media can be fined for violating the
    law. Local NGOs criticized the law on the grounds that the fines were
    too small to be a deterrent and that the Government rarely enforced
    previous laws with quotas.
        On May 7, at a round-table event on gender equality in the media,
    the ombudsman for gender equality noted that women were generally
    underrepresented in the country's media. She noted that the media
    mentioned women mainly in the context of scandals and entertainment
    rather than the economy and politics. On June 30, the Office for Gender
    Equality provided 180,000 kunas ($32,000) in support of several NGO
    projects aimed at the suppression of gender stereotypes in printed and
    audiovisual media.

        Children.--Citizenship is derived by birth in the country's
    territory or from one of the parents. Authorities register all births
    at the time of birth within the country or upon registration for births
    abroad. There were few reports that failure to register births resulted
    in denial of public services, including education and health care for
    children.
        Igor Lakic, Adviser for Human Rights at the Ombudsman's Office who
    cooperated with the UNHCR on their project related to Roma status
    issues, explained that registration of births was not a problem; rather
    children's problems were related to a lack of citizenship and the
    inability to access rights derived from citizenship. Many Romani
    parents, particularly in settlements close to the Serbian and Bosnian
    and Herzegovinian borders, including Slavonski Brod and Beli Manastir,
    were citizens of another former Yugoslav republic, and the process to
    acquire Croatian citizenship often took years. Such parents and their
    foreign-born children, therefore, had no rights to free health care or
    social assistance (although they generally did not face problems in
    enrolling in schools). Although statistics were unavailable, the scope
    of the problem was believed to be widespread.
        While education is free and compulsory through grade eight, Romani
    children faced serious obstacles in continuing their education,
    including discrimination in schools and a lack of family support. The
    number of Romani children enrolled in preschool education for the 2009-
    10 school year was 588, a slight decrease from 595 in 2008. According
    to the Ministry of Science, Education, and Sports, the number of new
    Romani students increased to 4,186 from 3,940 in 2009.
        The reimbursement of kindergarten fees to Romani parents,
    introduced in the previous year, was expanded to include preschool
    education. The payments made for the current academic year totaled
    508,000 kunas ($91,000) for 660 children in 49 schools and
    kindergartens. The Government distributed more than 350 scholarships to
    Romani students in high school, an increase of 50 compared with the
    previous school year. The number of Romani students receiving
    scholarships for university-level studies increased to 26 from 20 in
    the previous school year.
        In March the ECHR Grand Chamber ruled that the state had
    discriminated against 15 Romani students from Medjimurje who were
    placed in separate Roma-only classes. The ECHR ordered the Government
    to pay 4,500 euros ($5,963) to each pupil and 10,000 euros ($13,251) in
    court expenses. The ruling superseded the July 2009 ECHR ruling that
    rejected the complaint of discrimination and found the schools
    separated Roma children only until their language skills improved
    sufficiently so as to join a regular classroom.
        On July 15, the parliament amended the Law on Primary and Secondary
    Education to provide additional language classes to children who do not
    speak Croatian.
        Child abuse, including sexual abuse, was a problem.
        The ombudsman for children reported 1,930 new complaints of
    individual violations of children's rights through December. The office
    has seen annual increases in the number of complaints, due in part to
    the greater visibility and presence of the ombudsman. The office
    continued its campaign, launched in 2008 in cooperation with the
    Council of Europe, to prevent corporal punishment. The campaign
    targeted families, schools, children's homes, and penitentiaries.
    During the year the ombudsman also led a campaign focused on the rights
    of children from families of divorced parents and lobbied for faster
    rulings by family courts on issues affecting the lives of these
    children. In December an 18-month EU-funded program to curb the sexual
    exploitation and abuse of children began. The 800,000 euro ($1.06
    million) project included extensive training for police officers on
    investigation techniques, questioning methods, prevention of secondary
    victimization of children who had been subjected to sexual abuse, and
    capacity building at social care centers to better assist victims.
        During the year the Government established an additional four
    family centers, bringing the total number to 17. The county-level
    centers are a community resource where families could seek the advice
    of experts including lawyers, psychologists, and social workers.
        While statistics were unavailable, child marriage was believed to
    be a problem in the Romani community. Common law marriages between
    persons 16 years of age and older were customary, often prompted by
    pregnancies. These marriages were in some cases made official when
    partners reached adulthood.
        Statutory rape is included in the penal code, with the minimum age
    for consensual sex set at 14 years. Penalties for statutory rape range
    between one and eight years, but in aggravated circumstances, such as
    rape resulting in pregnancy or repeated sexual acts, the penalties
    range from five to 40 years. Filming or photographing children for
    pornographic material can be punished with a sentence of between one
    and five years of prison, while exposure of children to pornography may
    result in fines or a sentence of up to one year in prison.
        In February the Office of the Chief State Prosecutor provided the
    following data on sexual acts committed against minors and children for
    the year 2009, the last year for which data was available. In 2009 the
    Office of Chief State Prosecutor received 60 reports of sexual
    intercourse with minors and children and won 28 convictions for the
    crime. Prosecutors also had 136 reports and 52 convictions for lewd
    behavior involving a child or a minor, 11 reports and five convictions
    of abusing children for pornography, and 29 reported cases of child
    pornography on the Internet with 14 convictions for crimes committed
    earlier.
        The country is a party to the 1980 Hague Convention on the Civil
    Aspects of International Child Abduction. For information on
    international parental child abduction, please see the Department of
    State's annual report on compliance at http://travel.state.gov/
    abduction/resources/congressreport/congressreport--4308.html.

        Anti-Semitism.--The country's Jewish community numbered
    approximately 2,300. Anti-Semitic vandalism and acts with anti-Semitic
    overtones were reported during the year.
        On August 14, a photograph was placed on the social networking Web
    site Facebook of a male making a Nazi salute and a female wearing a
    Hitler mask; the photograph was taken in front of the of the Jewish
    community building in Osijek. The suspected perpetrators were
    identified, but authorities could not provide information about further
    legal action.
        On November 17, anti-Semitic graffiti appeared near the site of a
    planned golf course in Dubrovnik. There has been public opposition to
    the building of the course. The director of the company in charge of
    the course said the act was a ``gross provocation against the
    investors, most of whom are Israeli citizens and Jews.'' The mayor of
    Dubrovnik condemned the act and called on police to find the
    perpetrators.
        On April 27, unknown persons damaged 12 tombstones at the Jewish
    cemetery in Osijek. The head of the Jewish community in Osijek
    attributed the act to young delinquents. Prime Minister Jadranka Kosor
    condemned the act and called for an urgent investigation, which
    continued at yearend.

        Trafficking in Persons.--For information on trafficking in persons,
    please see the Department of State's annual Trafficking in Persons
    Report at www.state.gov/g/tip.

        Persons With Disabilities.--The law prohibits discrimination
    against persons with disabilities in employment, education, access to
    health care, and in the provision of other state services; however,
    discrimination occurred.
        The Government maintained 10 counseling centers offering assistance
    to persons with physical, sensory, intellectual, and mental
    disabilities and their families. A total of 943 persons with
    disabilities were employed during the year, while there were 6,207
    disabled persons who were unemployed. An estimated 68 percent of
    unemployed persons with disabilities were unemployed for more than a
    year.
        In a report covering the second half of 2009, the ombudsman for
    disabilities noted the majority of complaints received by her office
    involved welfare and pension payments, followed by complaints involving
    accessibility and legal matters. The office actively cooperated with
    NGOs dealing with persons with disabilities.
        During the year there were several legal changes affecting the
    lives of persons with disabilities. On June 16, the constitution was
    changed to remove the word ``invalid'' and replace it with ``persons
    with disabilities.'' In July a new law on checks and bonds was passed
    that allows blind persons to sign their own checks without a lengthy
    bureaucratic procedure, as had previously been the case.
        During the year the ombudsman criticized a new law on public roads
    that limited free-of-charge use of the highway for persons with
    disabilities; under the previous law, the definition of disability was
    broadly construed, resulting in overuse of the benefit. While intended
    to correct the overuse, the tougher standards of the new law, according
    to some observers, disadvantaged many who should have benefited from
    the provision.
        The number of persons with mental disabilities in institutions did
    not decrease, despite some efforts to develop community-based
    alternatives to institutionalization. On September 23, Human Rights
    Watch released a report criticizing the country for doing little to
    deinstitutionalize persons with intellectual or mental disabilities.
    According to the report, more than 4,000 persons with mental
    disabilities and 5,000 persons with intellectual disabilities remained
    in institutions, while only 16 from the former group and 250 from the
    latter moved to alternative community living programs allowing for a
    better quality of life. The law provides that unemployed parents of
    children with disabilities be granted 2,200 kunas ($390) in monthly
    compensation. The law also provides compensation to foster-care
    families.
        The law mandates access to buildings for persons with disabilities;
    however, the Government did not always enforce this provision, and the
    law did not mandate that existing facilities be retrofitted. As a
    result, access to public facilities for persons with disabilities
    remained limited.

        National/Racial/Ethnic Minorities.--While constitutional
    protections against discrimination applied to all minorities, open
    discrimination and harassment continued against ethnic Serbs and Roma.
        Incidents, including looting, physical threats, verbal abuse, and
    spraying graffiti on Serb property, continued in the Dalmatian
    hinterland and the central part of the country.
        On April 23, a wooden cross marking the gravesite of nine ethnic
    Serb civilians killed during the Balkan wars of the 1990s was toppled
    in Varivode in the coastal interior of the country. Prime Minister
    Kosor criticized the vandalism, and authorities arrested one person. On
    October 5, President Josipovic inaugurated a new monument to the
    victims of Varivode and stated that those who had committed war crimes
    should be punished.
        On July 9, in the coastal city of Split, a sign reading ``Serbs
    should hang--never forget, never forgive,'' appeared on an overpass.
    The Davis Cup tennis tournament was taking place at the time, and
    Serbia and Croatia were scheduled to compete against each other. The
    sign was removed after an hour, although police did not identify
    perpetrators.
        On August 15, a number of vehicles owned by ethnic Croats were
    vandalized with pro-Serb graffiti (four 'S' letters symbolizing greater
    Serbia) in the majority Croatian village of Aljmas in the eastern part
    of the country. The vandalism occurred during a Catholic mass
    celebrating the Assumption of Mary. No suspects were identified.
        In May 2008 authorities indicted one of the eight persons arrested
    for the 2008 abuse of the local Serb population in the village of
    Bukovic. At year's end his trial was pending. The seven others accused
    were minors, and information about the proceedings against them was
    confidential.
        On October 27, a Knin court sentenced two men who had broken into a
    Serb returnee house and physically assaulted the owner in July 2009 to
    five months in prison and two years' probation.
        At year's end the trial of three persons indicted in July 2009 for
    smashing the windows and slashing the tires of a car with Serbian
    plates in front of the Hotel Plat in Dubrovnik had not begun.
        On January 25, the venue for the appeals of two young men arrested
    for verbally and physically abusing two Serb returnees in 2007 and
    attempting to set fire to their home was changed from Pozega to
    Slavonski Brod county court. In 2009 the two perpetrators were
    sentenced to two years in prison with parole, but the prosecution
    appealed the sentence. A decision on the appeal was pending at year's
    end.
        Discrimination continued against ethnic Serbs in several areas,
    including the administration of justice, employment, and housing.
    Ethnic Serbs in war-affected regions were subject to societal
    harassment and discrimination. Local authorities sometimes refused to
    hire qualified Serbs even when no Croats applied for a position.
        The law provides for proportional minority employment in the public
    sector in areas where a minority constitutes at least 15 percent of the
    population; however, the Government for the most part did not observe
    the law in practice. Ethnic Serbs, the largest minority, were most
    affected by the slow implementation of the law. In May the Serbian
    National Council, an elected self-governing body representing Croatia's
    ethnic Serbs, issued a survey showing that the number of Serbs employed
    in state administration and justice has been slowly declining since
    2008. The council was most concerned with discrepancies in areas with
    high rates of ethnic-Serb refugee returnees. They cited the example of
    Lika-Senj County, where ethnic Serbs made up more than 11 percent of
    the population but only 0.5 percent of the police force. NGOs
    representing the ethnic Serb minority also complained about the lack of
    credible data on minority employment in state ministries.
        The National Minority Council received approximately 41.3 million
    kunas ($7.4 million) for minority associations' cultural programs
    during the year.
        Societal violence, harassment, and discrimination against Roma
    continued to be a problem. While only 9,463 persons declared themselves
    to be Roma in the 2001 census, officials and NGOs estimated that the
    Romani population was between 30,000 and 40,000.
        On March 25, three off-duty police officers severely beat a 20-
    year-old Roma at a gas station in Karlovac. The victim suffered
    multiple bone fractures on his head and was hospitalized. Initially
    police filed charges against the victim and another Romani person for
    attacking police officers and disturbing public order. Subsequently,
    and following critical media reports, the three officers involved were
    suspended, and criminal charges were brought against them. An
    additional three officers were suspended for misreporting facts. In
    June prosecutors in Karlovac indicted one police officer for causing
    heavy bodily injury to the victim. The case is pending at the Karlovac
    Municipal Court, and a hearing had not been scheduled at year's end.
        On September 5, approximately 100 ethnic Serbs and Croats from the
    small village of Zemunik organized a protest against air pollution
    allegedly caused by the burning of garbage and other materials by the
    Romani community there. The group, which included the village mayor,
    also protested the Roma use of vacant houses owned by Serb refugees.
    The protest was criticized by the press and President Josipovic
    strongly criticized discrimination of any kind against Roma.
        Roma faced many obstacles, including lack of knowledge of the
    Croatian language, lack of education, lack of citizenship and identity
    documents, high unemployment, and widespread discrimination. Many
    Romani women, in particular, had only limited Croatian language skills.
    According to the Council of Europe, only 6.5 percent of Roma had
    permanent jobs, while the Government estimated 20,000 to 30,000 Roma
    were receiving some form of social assistance. The Government estimated
    more than 90 percent of registered Roma lived on social aid.
        On a national level, the Government worked to increase the
    employment rate of Roma by providing two years' worth of salary
    payments to employers who hired Romani workers. Government spending on
    programs for Roma increased from 17 million kunas ($3 million) in 2008
    to 27 million kunas in 2009 ($4.8 million).
        On June 4, the Government allocated 4 million kunas ($716,000) to
    help legalize a Roma settlement in the town of Parag, in the northern
    part of the country. The Government made similar efforts in other parts
    of the country including finishing infrastructure projects in Darda,
    the largest Roma settlement in the eastern part of the country.

        Societal Abuses, Discrimination, and Acts of Violence Based on
    Sexual Orientation and Gender Identity.--There was some societal
    violence and discrimination against lesbian, gay, bisexual, and
    transgender (LGBT) persons.
        On June 19, for the second year in a row, an antigay protest was
    staged during the annual Gay Pride Parade. Members of the protest
    carried banners with abusive language such as ``kill the faggots'' and
    raised their arms in Nazi salutes. Organizers of the parade considered
    the protest a hate crime and criticized authorities for allowing it to
    take place. Police arrested three persons who tried to break through
    police lines and attack parade participants. Police were later
    criticized for using excessive force against one of the attackers. Two
    parade participants were attacked after the parade, but the attackers
    remain unidentified.
        During the year LGBT NGOs requested the removal of a public school
    catechism textbook containing homophobic language. In July the Ministry
    of Science, Education, and Sports replied in a letter that the book had
    been approved by a commission of experts in line with the law and
    refused to remove the book.
        In the spring, newspapers reported that a primary school teacher
    had referred in class to homosexuality as a disease. The mothers of two
    children in the class reported the case to the Ministry of Science,
    Education, and Sports, and a group of human rights NGOs later charged
    the teacher with a breach of the Antidiscrimination Act. The Zagreb
    Municipal Court held three hearings on the matter; the NGOs involved
    requested a new judge on the grounds that the old judge was biased and
    verbally abusive towards witnesses. In November a Zagreb court refused
    to dismiss the current judge. No new hearings were scheduled at year's
    end.
        LGBT organizations reported several incidents against LGBT persons
    during the year and criticized police for failure to provide adequate
    protection.
        On January 3, a transsexual woman was physically attacked in a town
    in eastern Croatia by three men who threatened to kill her. When the
    victim tried to report the case, the police officer in charge used
    offensive language and ridiculed her during questioning.
        On April 4, a group of young men stalked and beat a young gay man
    in Zagreb. The victim sustained light injuries. Police were unable to
    identify the perpetrators.
        On November 2, two gay men were attacked with wooden bats, tear
    gas, and broken glass outside a Zagreb nightclub. Police identified and
    detained two suspects. The Minister of Interior condemned the incident
    proclaiming zero tolerance for hate crimes and crimes motivated by
    homophobia. Local LGBT NGOs issued a statement requesting tougher
    sanctions for such attacks and permanent training for police officers
    dealing with similar hate crime cases. Prosecutors charged the two
    perpetrators under criminal law with an act intended to degrade a
    person in a public place. The first hearing took place on December 28,
    when the two suspects were released from detention. The next hearing
    was scheduled for mid-January 2011.
        On November 6, a gay man was beaten and his nose broken in Zagreb.
    Police were still searching for the perpetrators at year's end.
        Societal discrimination against LGBT persons was frequently
    manifested by insults, stereotypical jokes, and societal prejudices.

        Other Societal Violence or Discrimination.--Societal discrimination
    against persons with HIV/AIDS remained a problem. The Croatian
    Association for HIV (HUHIV) reported dentists and general practitioners
    at times refused to treat HIV-positive patients, and some hospitals
    postponed surgery because doctors were reluctant to operate on them. If
    an HIV patient did not go through the infectious disease hospital, he
    or she often waited for treatment, and doctors sometimes delayed
    surgery indefinitely. There were allegations transplant centers refused
    to put HIV patients on their lists of potential organ recipients.
    Additionally, the NGO stated that many patients' right to privacy had
    been violated while other patients feared their HIV status would be
    shared without their consent.
        The NGO also criticized discriminatory regulations regarding
    employment, such as legislation forbidding persons with HIV from
    working as police officers.
        According to HUHIV representatives, the lack of public assistance,
    such as hotlines, for HIV-positive patients was a problem. According to
    the UN theme group on HIV/AIDS, an analysis of the country's laws
    indicated they contain discriminatory provisions regarding HIV. The
    group cited legal provisions requiring testing under medical
    supervision for certain professions and, in certain cases, restricted
    employment for prisoners and HIV-positive persons. According to the
    analysis, most cases of discrimination occurred outside the scope of
    the law or were due to insufficient enforcement of privacy laws, lack
    of consistent, adequate medical care, and discrimination in school or
    the workplace. HUHIV also specifically criticized regulations
    forbidding HIV-positive persons from working as police officers and
    lack of appropriate sex education in schools. This lack of knowledge
    leads to discrimination and stigmatization of people with HIV/AIDS, and
    children often have wrong perceptions about risk of contraction.
    Section 7. Worker Rights

        a. The Right of Association.--Workers are entitled by law to form
    or join unions of their choice without previous authorization or
    excessive requirements, and workers exercised this right in practice.
    Unions generally were independent of the Government and political
    parties. According to a 2009 tripartite study by the Government,
    unions, and employers, approximately 35 percent of the work force was
    unionized. There are no restrictions on unionization for any type of
    worker. The law provides all workers the possibility of unionization,
    regardless of position (including police), except for active military
    personnel.
        The law provides for the right to strike, with some limitations,
    and workers exercised these rights during the year. The law does not
    permit members of the armed forces, police, government administration,
    or public services to strike. Workers may strike only at the end of a
    contract or in specific circumstances cited in the contract after they
    have gone through mediation. When negotiating a new contract, workers
    are also required to go through mediation before striking. Labor and
    management must jointly agree on a mediator if a dispute goes to
    mediation. If a strike is found to be illegal, any participant may be
    dismissed and the union held liable for damages.

        b. The Right to Organize and Bargain Collectively.--The
    constitution and law protect collective bargaining and the right to
    organize, and workers exercised these rights in practice; however, some
    international observers reported that small firms did not always uphold
    this right.
        Approximately 12 percent of the country's workers were on fixed-
    term contracts with employers. Manual labor and retail employees were
    primarily affected and many employers hired new workers for a trial
    period of typically three months. A recent amendment to the labor code
    limits temporary work contracts to no more than three years.
        The law prohibits antiunion discrimination and expressly allows
    unions to challenge firings in court; however, incidents of union-
    related harassment and firing of employees occurred, and in general the
    inefficiency of the court system seriously delayed and discouraged
    citizens' attempts to seek redress through the legal system.
        There are 15 free trade zones.

        c. Prohibition of Forced or Compulsory Labor.--The law prohibits
    forced or compulsory labor, including by children, but there were
    incidents in which adults and children were trafficked for prostitution
    and labor. Also see the Department of State's annual Trafficking in
    Persons Report at www.state.gov/g/tip.

        d. Prohibition of Child Labor and Minimum Age for Employment.--
    There are laws and policies to protect children from exploitation in
    the workplace and provide for acceptable working conditions. Labor law
    amendments that went into effect on January 1 further impose strict
    regulations on the employment of minors, forbidding employment in work
    environments that could pose health threats to minors.
        The minimum age for employment of children is 15 years. The
    Ministry of Economy, Labor, and Entrepreneurship, in conjunction with
    the ombudsman for children and the state inspectorate, is responsible
    for enforcing this regulation. Minors under the age of 15 may work if
    they receive prior approval from the state labor inspectorate and if it
    is determined that the child is not expected to suffer physically or
    mentally from the work. Approval is usually requested for filming movie
    scenes or for play rehearsals. The law prohibits workers under the age
    of 18 from working overtime, at night, or under dangerous conditions.
        In 2009 the last year for which data were available, the State
    Labor Inspectorate recorded 153 violations of labor-related laws
    involving 73 children under the age of 17. Of these violations, four
    involved children under the age of 15. Violations occurred mainly in
    the hospitality, tourism, retail, food, industrial, services, and
    construction sectors and were related to working overtime or past
    curfew and wage miscalculations.
        The law proscribes the worst forms of child labor, including
    trafficking in children for purposes of sexual exploitation and labor.
    The national ombudsman for children coordinated the country's efforts
    to prevent the exploitation of children and assist in removing children
    from exploitative situations. The labor inspectorate has 111 inspectors
    whose duties include inspection for illegal employment of minors. The
    inspectorate forwarded all cases of violations involving minors to the
    Office of the Ombudsman for Children. Criminal cases were prosecuted by
    the State Prosecutor's Office and often resulted in convictions.

        e. Acceptable Conditions of Work.--The minimum wage as determined
    by the Government is 2,814 kunas ($504) per month; the net minimum
    monthly wage is between 2,000 and 2,200 kunas ($358-$394), depending on
    exemptions, and did not provide a decent standard of living for a
    worker and family. Government statistics from July indicated the
    average net wage per month was 5,277 kunas ($945), and the minimum
    monthly cost of living for a family of four in rented housing was 6,631
    kunas ($1,188). The Government enforced the minimum wage.
        Nonpayment and late payment of wages continued to be a problem, as
    was nonpayment for overtime and holiday work. According to the labor
    inspectorate, the law no longer requires that records be kept of the
    number of persons who did not receive payment of their salaries.
    However, workers have the right to bring court proceedings against
    employers who did not issue pay slips to their employees. Based on data
    received through various reports, the inspectorate concluded that in
    2009 there were at least 3,975 violations of established payment
    procedures and practices.
        The inspectorate reported that it shut down 707 employers for
    periods of at least 30 days during 2009 for labor law violations.
    Violations included employing local and foreign workers without work
    permits, employing workers not registered with the pension fund, and
    employing workers not registered with a health insurance agency. The
    labor inspectorate noted that although its officers continued to
    increase their inspections and reporting of violations, the courts did
    not hand down punishment commensurate with the seriousness of the
    violations, and therefore the inspectorate's actions were not
    effective. The inspectorate pointed to the large number of violations
    that were not tried in court due to the expiration of the statute of
    limitations. For 2009 out of 5,286 court decisions involving 11,932
    violations of both terms of employment and work safety, 4,351 such
    violations were thrown out due to expiration of the statute of
    limitations.
        The law provides for a standard workweek of 40 hours. Workers are
    entitled to a 30-minute break daily, one day off out of seven, and a
    minimum of four weeks of paid vacation annually. The law provides that
    workers are entitled to time-and-a-half pay for overtime and limits
    overtime to eight hours per week. The labor inspectorate must be
    notified if overtime work by an employee continues for more than four
    consecutive weeks, for more than 12 weeks during a calendar year, or if
    the combined overtime of employees of an employer exceeds 10 percent of
    the total working hours in a particular month. Pregnant women, mothers
    of children under three years of age, and single parents of children
    under six years of age may work overtime only if they freely give
    written consent to perform such work. An amendment to the labor law
    that went into effect on January 1 further requires pregnant women to
    obtain a note from a doctor indicating their fitness to work overtime
    and that such work would not adversely affect their health or that of
    the fetus. In 2009 the inspectorate processed 16,294 violations of the
    labor law. After processing, the inspectorate sent 6,127 violations to
    misdemeanor courts for proceedings. Infractions included violations
    related to labor contracts, payment for work, annual leave, and unpaid
    and unreported overtime. In 2009 authorities sent 31 criminal
    proceedings against employers to municipal state attorneys' offices.
        The Government set health and safety standards, which the Health
    Ministry enforced; its inspectorate has jurisdiction over enforcement
    of health and safety laws at the workplace. In practice many industries
    often did not meet worker protection standards. In 2009 the
    inspectorate initiated 3,316 requests for misdemeanor proceedings
    covering 6,635 violations of safety standards. During 2009 courts
    handed down 5,286 decisions for misdemeanor acts involving work safety,
    a great number of which concerned cases from 2007 and 2008. The
    inspectorate expressed concern that of the 11,932 misdemeanor cases
    reported over the past few years, 4,351 have been thrown out of court
    due to the statute of limitations.
        Under the law workers may remove themselves from hazardous
    conditions and have recourse through the courts if they believe that
    they have been dismissed wrongfully for doing so; however, according to
    the labor inspectorate, workers did not exercise this right in practice
    and normally reported employers only after they had left their job.

                                   __________

                                     CYPRUS

        Since 1974 the southern part of Cyprus has been under the control
    of the Government of the Republic of Cyprus, while the northern part,
    administered by Turkish Cypriots, proclaimed itself the ``Turkish
    Republic of Northern Cyprus'' (``TRNC'') in 1983. The United States
    does not recognize the ``TRNC,'' nor does any country other than
    Turkey. A substantial number of Turkish troops remained on the island.
    A buffer zone, or ``green line,'' patrolled by the UN Peacekeeping
    Force in Cyprus (UNFICYP), separates the two parts.
                               republic of cyprus
        The Republic of Cyprus is a constitutional republic and multiparty
    presidential democracy. The area under control of the Government has
    approximately 803,200 inhabitants. In 2006, 56 representatives were
    elected to the 80-seat Vouli Antiprosopon (House of Representatives) in
    free and fair elections, and in 2008 President Demetris Christofias was
    elected in free and fair elections. Security forces reported to
    civilian authorities.
        Problems were reported in some areas. There were reports of police
    abuse and degrading treatment of persons in custody and asylum seekers.
    Violence against women, including spousal abuse, and several incidents
    of violence against children were reported. There were instances of
    discrimination and violence against members of minority ethnic and
    national groups. Trafficking of women to the island, particularly for
    sexual exploitation, continued to be a problem, and labor trafficking
    was also reported.
                            respect for human rights
    Section 1. Respect for the Integrity of the Person, Including Freedom
            From:

        a. Arbitrary or Unlawful Deprivation of Life.--There were no
    reports that the Government or its agents committed arbitrary or
    unlawful killings during the year.

        b. Disappearance.--There were no reports of politically motivated
    disappearances.
        The Government participated in the autonomous, tripartite (UN,
    Greek Cypriot, Turkish Cypriot) UN Committee on Missing Persons (CMP)
    as part of its efforts since 1996 to account for persons missing as a
    result of the intercommunal violence in 1963-64 and the conflict in
    1974. By year's end, the CMP had exhumed the remains of 767 individuals
    and had returned the remains of 209 Greek Cypriots to their families.
    Exhumations continued in different parts of the island. According to
    the CMP, 1,392 Greek Cypriots and 440 Turkish Cypriots remained
    missing.

        c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
    Punishment.--The constitution and law prohibit such practices; there
    were reports, however, that police abused detainees. There continued to
    be reports that police engaged in heavy-handed tactics and degrading
    treatment of suspects. The Independent Authority, an independent
    committee appointed by the Council of Ministers, investigated
    complaints of police bribery, corruption, unlawful financial gain,
    violation of human rights, abuse of power, preferential treatment, and
    conduct unbecoming of police officers.
        There were several allegations of police abuse reported during the
    year:
        On February 23, a police sergeant allegedly beat a foreign detainee
    in Nicosia Central Prison Block 10. The Ombudsman's Office investigated
    the case following a complaint submitted by the nongovernmental
    organization (NGO) KISA (Movement for Equality, Support, Antiracism)
    and concluded that police had used excessive violence against the
    detainee. The ombudsman asked the police leadership to investigate the
    case further. The detainee was deported on March 11. The Independent
    Authority investigated the complaint and concluded that no offense was
    committed. The attorney general endorsed the conclusion.
        On April 15, the press reported that a 70-year-old Cypriot
    complained that he was beaten at the Anthoupoli police station in
    Nicosia, where he was transferred following his arrest for drunk
    driving. The Independent Authority investigated the complaint and
    concluded that the police officers involved had not committed an
    offense.
        During the year a trial was ongoing of police officers from the
    Strovolos police station who, in March 2009, allegedly beat and used
    racist comments against 19-year-old Henry Taylor, a Zimbabwean
    national, after accusing him of stealing a moped. Taylor contended he
    was a victim of mistaken identity, and he was later released without
    charge. The attorney general ordered the summary trial of the officers
    involved. The hearing of the case was pending at year's end.
        During the year the Appellate Court ordered the retrial of nine of
    11 police officers charged in 2005 with beating two students and
    acquitted by a court in March 2009. The Appellate Court acquitted the
    remaining two officers. The Appellate Court hearing of the case started
    on December 8. Eight of the officers pleaded guilty to the charge of
    causing actual bodily harm while the ninth pleaded guilty to the charge
    of misconduct. The trial was ongoing at year's end.
        In May 2009 the press reported the alleged beating of a young man
    who was arrested by police in Limassol in 2007 for allegedly making an
    indecent hand gesture to police. The man claimed that he was taken to
    the Limassol police station, handcuffed, and beaten by an officer while
    five or six other officers looked on. As a result of the beating, he
    allegedly suffered a concussion and other head and neck injuries and
    was hospitalized for five days. According to police, disciplinary
    charges were brought against an officer after an investigation by the
    Independent Authority; the officer's hearing on charges of misconduct
    and illegal exercise of authority had not been completed at year's end.

        Prison and Detention Center Conditions.--Conditions in prisons,
    detention centers, and other government institutions generally met
    international standards, although there have been reports of
    overcrowding.
        During the year the ombudsman and NGOs received complaints that
    police subjected inmates to physical abuse and discriminatory
    treatment. The ombudsman reported that during the year her office
    received five complaints from prisoners concerning physical violence
    allegedly committed by prison officials and eight complaints of
    physical violence allegedly committed by police officers in detention
    centers. The ombudsman was preparing a report on systemic violence
    against prisoners by prison officials while the complaints against
    police officers were being investigated. The ombudsman's investigation
    of complaints submitted in previous years could not establish whether
    physical violence had actually occurred against prisoners, and the
    investigations were terminated.
        The ombudsman reported discriminatory treatment of women and
    Turkish Cypriot inmates regarding their access to facilities at the
    Central Prison. Inmates in the Central Prison during the year included
    296 women, including one juvenile, and 25 male juveniles; juveniles
    were held separately from adults. The ombudsman reported in April that
    her office examined a complaint that female inmates were treated
    unequally because they were not given the option to serve their prison
    sentences or portions of them in the Open Prison or the Out of Prison
    Employment Center as is the case with male inmates. The problem was
    attributed to the lack of separate facilities and overcrowding. The
    ombudsman recommended that the prison director take immediate measures
    to safeguard the equal treatment of male and female detainees. A 2008
    investigation by the ombudsman showed that prison authorities denied
    requests by Turkish Cypriot inmates for access to the Open Prison and
    Out of Prison Employment Center. The ombudsman recommended that the
    security reasons cited for the rejections be explicitly stated and
    fully justified on a case-by-case basis.
        The ombudsman received two complaints in 2009 from Turkish Cypriots
    alleging discriminatory treatment in the Central Prison. Both
    complaints were under investigation at year's end. Prison authorities
    reported that Turkish Cypriots who lived in the area under government
    control were granted all rights concerning access to the Open Prison
    and the Out of Prison Employment Center. Turkish Cypriots who lived in
    the area under Turkish Cypriot administration were admitted to the Open
    Prison but were granted exit permits only with an escort. An NGO
    reported that foreign detainees complained of physical violence in
    detention centers located in police stations and discrimination in the
    Central Prison. An NGO reported that foreign inmates were tasked with
    heavier work and had more restricted visitation rights than local
    prisoners.
        Following the completion of the Independent Authority's
    investigation, the attorney general ordered a postmortem examination
    into the March 2009 death of a young Moldovan man who was arrested for
    drunk driving and a series of traffic violations and found dead in his
    cell at the Lycavitos police station in Nicosia. The state coroner
    found no evidence of a crime.
        During the year overcrowding remained the Nicosia Central Prison's
    greatest problem, despite renovation and expansion. Prison authorities
    acknowledged that many of the prison buildings, constructed prior to
    1960, needed renovation. Construction work was underway to increase
    capacity and improve sanitary conditions. In September 2009 the
    ombudsman complained via the media that overcrowding created problems
    for prisoners' health and welfare. The prison's capacity was 350, but
    at times it housed up to 737 inmates. Approximately 70 percent of the
    prisoners were foreigners imprisoned for illegal entry, stay, and
    employment, as well as theft, burglary, false pretenses, and other
    offenses.
        The ombudsman reported that, due to overcrowding, convicted
    criminals were not separated from pretrial detainees and that both
    long- and short-term prisoners were held together. In a 2009 report on
    drug use in the Central Prison, the ombudsman recommended separate
    detention for drug users. Prison authorities confirmed that
    overcrowding prevented separation of prisoners by health condition. In
    September 2009 the ombudsman also complained via the media that the
    prison lacked a health center even though her office had requested the
    creation of one 10 years earlier; at year's end, the Central Prison
    still lacked a health center.
        The Government permitted prison visits by independent human rights
    observers, and such visits, unrestricted and unannounced, occurred
    during the year. The ombudsman and the prison board visited Central
    Prison on a regular basis. The Human Rights Committee of the House of
    Representatives also visited the prison and examined the living
    conditions of the detainees.
        In 2008 the Council of Europe's Committee for the Prevention of
    Torture (CPT) conducted one of its periodic spot checks;
    representatives visited several sites, including the Central Prison,
    the psychiatric unit in Athalassa, and several police stations, and
    privately interviewed detainees and prisoners. The CPT's report on the
    visit was not released by year's end.

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

        Role of the Police and Security Apparatus.--The police enforce the
    law and combat criminal activity. The Greek Cypriot National Guard
    (GCNG), backed by a contingent of Greek military forces, the Elliniki
    Dhinami Kyprou (Hellenic Force in Cyprus), protects national security.
    The GCNG reports to the Ministry of Defense, which reports to the
    president. The police report to the Ministry of Justice and Public
    Order. The president appoints the chief of police. The police force is
    composed of a headquarters with six functional departments, six
    geographic district divisions, including one inactive district for the
    area administered by Turkish Cypriots, and seven police units that
    provide specialized services. One case alleging serious police
    corruption was before the court.
        The Independent Authority appoints independent investigators from a
    list submitted by the attorney general. From January 1 to September 30,
    the committee received 92 complaints and appointed investigators for 41
    of those cases. The investigators completed 15 cases; in 12 of these
    they concluded that no criminal offenses had been committed. The
    attorney general concurred in eight of those cases and his opinion was
    pending on the remaining four. In three other completed cases, the
    investigators proposed that the attorney general bring criminal charges
    against the police officers involved; the attorney general's decision
    was pending at year's end. Investigators continued to work on 24 cases,
    suspending their investigation on one case because the complainant
    failed to respond and on a second after the complaint was withdrawn. Of
    the 51 cases for which an investigator was not appointed, seven were
    deemed outside the scope of the committee's responsibility, seven were
    deemed of minor importance and were referred to the chief of the police
    for handling, 22 complaints remain pending due to insufficient
    evidence, and two complaints were withdrawn. The committee conducted
    preliminary investigations of 13 of the cases and concluded that 12 of
    them did not merit further investigation, while the remaining one was
    referred to the chief of police because the committee established
    negligence on the part of members of the police force. In 2009 the
    committee received 112 complaints compared with 110 in 2008. Of these,
    14 were deemed outside the scope of the committee's responsibility, one
    was withdrawn by the complainant, seven were sent to the police chief
    for further investigation, and 13 were pending at the end of 2009,
    awaiting further evidence from the complainants and other sources. The
    investigation on one complaint was suspended because the complainant
    did not show interest in pursuing it. The committee appointed
    investigators on 41 cases and carried out preliminary investigations of
    35 cases.
        In January 2009 two Paphos police officers were suspended on
    suspicion of extorting and blackmailing illegal immigrants. The hearing
    of their case was ongoing at year's end.
        The attorney general suspended the prosecution of three police
    officers and a civilian whom authorities arrested in February 2009
    after a Sri Lankan man complained to Limassol police that the officers
    had blackmailed him and his two Sri Lankan roommates, who were residing
    illegally in the country, into paying 700 euros (approximately $940)
    each. The alleged victim had identified the three officers, who were
    arrested together with a 35-year-old mechanic.
        In June 2009 the killing of police officer Stavros Stavrou
    attracted media attention due to Stavrou's alleged involvement in
    illegal dealings. Prior to his death, police had reportedly
    investigated Stavrou for involvement in cabarets, drugs, electronic
    gambling, and an arson attack, although they were reportedly unable to
    gather enough evidence to make a case against him. An administrative
    investigation into possible illegal dealings of the deceased officer
    did not reveal any incriminating evidence. His killing remained under
    police investigation at year's end.
        During the year police investigated 19 criminal cases against
    members of the force. Of those cases, 11 were still under
    investigation, seven were pending trial, and one case was withdrawn at
    the instruction of the attorney general. Also during the year the
    attorney general ordered the criminal prosecution of one police officer
    in one of four cases pending from 2008. Court hearings for two other
    2008 cases were completed, and the defendants were found to have caused
    actual bodily harm and injury and fined 1,800 and 850 euros
    (approximately $2,400 and $1,140), respectively. The attorney general
    suspended the prosecution of the fourth case from 2008 in which a
    member of the police was investigated for allegedly assaulting a
    civilian; the investigation concluded that there was no evidence of a
    criminal offense.

        Arrest Procedures and Treatment While in Detention.--The law
    requires judicially issued arrest warrants, and authorities respected
    this requirement in practice. Persons may not be detained for more than
    one day without referral of the case to a court for extension of
    detention. Most periods of investigative detention did not exceed 10
    days before formal charges were filed. The attorney general generally
    made efforts to minimize pretrial detention, especially in cases of
    serious crimes. Attorneys generally had access to detainees. Bail was
    permitted. The Government claimed the right to deport foreign nationals
    for reasons of public interest, regardless of whether they had been
    charged with, or convicted of, a crime.
        While authorities detained aliens without identity documents when
    they did not know where to deport them, the Government's policy was not
    to hold such persons long term in detention centers. Instead, if
    deportations could not be executed in a reasonable amount of time--
    generally six months--the Government's policy was to release
    undocumented migrants and rejected asylum seekers and give them
    residence permits for a limited period of time, provided they had not
    been found guilty of a crime. An NGO reported, however, that
    undocumented aliens were only released provided they signed a document
    consenting to the issuance of travel documents by their home country.
    The NGO reported that at least one undocumented foreigner remained in
    detention for more than three years. The NGO also reported released
    detainees did not have access to health care or social benefits and
    were not entitled to permanent residency permits unless they had a job.

        e. Denial of Fair Public Trial.--The law and constitution provide
    for an independent judiciary, and the Government generally respected
    this provision in practice.
        Most criminal and civil cases begin in district courts, from which
    appeals may be made to the Supreme Court. There are no special courts
    for security or political offenses. There are military tribunals that
    have jurisdiction over members of the GCNG.

        Trial Procedures.--The law provides for the right to a fair trial,
    and an independent judiciary generally enforced this right. The
    constitution provides for public trials, and defendants have the right
    to be present and to consult with an attorney in a timely manner. Jury
    trials are not used. An attorney is provided for those who cannot
    afford one, and defendants have the right to question witnesses against
    them and present evidence or witnesses on their behalf. The law also
    provides that defendants and their attorneys have access to government-
    held evidence related to their cases. Defendants enjoy a presumption of
    innocence and have a right of appeal. The Government generally
    respected these rights in practice.

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

        Regional Human Rights Court Decisions.--During the year the
    European Court of Human Rights (ECHR) issued three judgments that found
    the country in violation of various provisions of the European
    Convention on Human Rights.
        On January 7, the ECHR ruled in Rantsev v. Cyprus and Russia that
    Cyprus failed to protect 20-year-old Russian cabaret artist Oxana
    Rantseva from human trafficking and failed to conduct an effective
    investigation into the circumstances of her death in 2001. The court
    found Cyprus in violation of Article 2 (right to life), Article 4
    (prohibition of slavery and forced labor), and Article 5 (right to
    liberty and security) of the European Convention on Human Rights. The
    ECHR held that Cyprus had to pay the applicant 40,000 euros ($53,600)
    in nonpecuniary damages and 3,150 euros ($4,220) for costs and
    expenses. The Government made a unilateral declaration before the court
    acknowledging that it had violated the convention and offered to pay
    pecuniary and nonpecuniary damages to the applicant. The Government
    informed the court that in February 2009 it appointed three independent
    experts to investigate the circumstances of Rantseva's death,
    employment, and stay in Cyprus as well as the possible commission of
    any unlawful acts against her. The investigators questioned a number of
    witnesses in Cyprus and, on July 2, applied to Russian authorities for
    permission to receive testimony from witnesses in Russia. The
    investigators were waiting for a reply from the Russian authorities at
    year's end.
        In 2009 the ECHR issued three judgments that found a violation by
    the state of the European Convention on Human Rights; all three
    violations concerned the length of legal proceedings.
        There were no reports that the Government failed to comply with
    ECHR decisions.

        Civil Judicial Procedures and Remedies.--There is an independent
    and impartial judiciary in civil matters, permitting claimants to bring
    lawsuits seeking damages for or cessation of human rights violations,
    and citizens successfully availed themselves of it.

        Property Restitution.--Turkish Cypriots have filed a total of 84
    court cases, 15 of them during the year, to reclaim property located in
    the Government-controlled area, and the Supreme Court issued judgments
    in one case concerning Turkish Cypriot properties that are under the
    guardianship of the Ministry of Interior. Amendments to the law
    governing these types of properties, enacted in May, give the minister
    of interior, as the guardian of Turkish Cypriot properties, authority
    to return properties to Turkish Cypriot applicants after examining the
    circumstances of each case. In one case during the year, the Supreme
    Court upheld the trial court's decision that the property in question
    fell within the competence of the guardian of the Turkish Cypriot
    properties and rejected the appeal of the Turkish Cypriot applicant to
    be appointed as trustee of some property belonging to the Vakif, the
    Muslim institution that regulates religious activity for Turkish
    Cypriots.
        On January 19, the British Court of Appeal ruled in favor of the
    plaintiff in the case of Apostolides v. Orams in which the Greek
    Cypriot plaintiff sought to enforce a Cyprus court order regarding
    property located in the area administered by Turkish Cypriots by
    applying the court order against the defendants' assets in the United
    Kingdom. The Orams asked for permission to appeal, but permission was
    denied on March 26 by the British Supreme Court of Appeal Panel. In
    April 2009 the European Court of Justice, to which the British Court of
    Appeal had referred the case for a ruling on some issues, had also
    ruled in favor of the plaintiff.
        On March 1, the Grand Chamber of the ECHR declared inadmissible
    eight property cases filed against Turkey by Greek Cypriot applicants.
    The chamber ruled that the applicants had not pursued their cases
    through an effective domestic remedy established specifically to deal
    with such cases, the Immovable Property Commission (IPC).
        In September the ombudsman, in her capacity as the authority with
    oversight in matters involving racism and discrimination, reported that
    the examination of two complaints submitted by Turkish Cypriots
    revealed that the state was discriminating against Turkish Cypriot
    property owners and was restricting their property rights. Both Turkish
    Cypriots had applied to the Land Registry Department to secure title
    deeds for their properties in the Government-controlled area and were
    told that they needed the prior approval of the Ministry of Interior.
    The ombudsman recommended abolition of the 1963 law that restricts the
    property rights of Turkish Cypriot for reasons of public safety.
        In 2008 the ECHR endorsed a friendly settlement brokered by the IPC
    in 2007 between Greek Cypriot Michael Tymvios and Turkey. The
    settlement would exchange Tymvios's property in the northern part of
    the island for Turkish Cypriot property in the Government-controlled
    area plus a payment of one million dollars. Later in 2008 Tymvios
    complained that the Government, citing the guardianship law, refused to
    transfer ownership of the Turkish Cypriot property in the Government-
    controlled area to him despite the ECHR action. In November 2009
    Tymvios filed two actions against the attorney general and the Ministry
    of Interior, asking the court to order the defendants to turn over to
    him the Turkish Cypriot property awarded to him by the IPC, to prohibit
    the defendants from using the property in question, and to pay him
    damages. The application was scheduled to be heard by the District
    Court of Larnaca on December 14.

        f. Arbitrary Interference With Privacy, Family, Home, or
    Correspondence.--The law prohibits such actions, and the Government
    generally respected these prohibitions in practice.
    Section 2. Respect for Civil Liberties, Including:

        a. Freedom of Speech and Press.--The law provides for freedom of
    speech and of the press, and the Government generally respected these
    rights in practice.
        Individuals could criticize the Government publicly or privately
    without reprisal, and the Government did not attempt to impede
    criticism.
        Independent newspapers and periodicals proliferated. Several
    private television and radio stations competed effectively with
    government-controlled stations; government-owned stations accounted for
    approximately 18-20 percent of the viewership for television news and
    30 percent of the general radio audience. International broadcasts,
    including telecasts from Turkey and Greece, were available without
    interference throughout the island.
        As of year's end, the Supreme Court had not ruled on the Attorney
    General Office's appeal of its 2008 decision that the Government should
    appoint Christoforos Christoforou to head the Cyprus News Agency. In
    2006 the Council of Ministers rejected a decision by the board of the
    Cyprus News Agency to appoint Christoforos Christoforou as its new
    director. Some newspapers and opposition parties attributed the
    rejection to Christoforou's authorship of articles criticizing
    government policies regarding the UN efforts in 2004 to reunify the
    island. The Cyprus Journalists' Union called on the Government to
    reverse its decision and approve the appointment.

        Internet Freedom.--There were no government restrictions on access
    to the Internet or reports that the Government monitored e-mail or
    Internet chat rooms. Individuals and groups could engage in the
    peaceful expression of views via the Internet, including e-mail. The
    Internet was easily accessible and widely available to the public.
    According to International Telecommunication Union statistics for 2009,
    nearly 50 percent of the country's inhabitants were users of the
    Internet.

        Academic Freedom and Cultural Events.--There were generally no
    government restrictions on academic freedom or cultural events, but
    certain oversight efforts threatened academic independence and
    activities.
        The Government continued to exert political pressure on
    universities to refrain from any contact with universities in the
    Turkish Cypriot community because the Government considered them
    illegal.

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

        c. Freedom of Religion.--For a complete description of religious
    freedom, please see the 2010 International Religious Freedom Report at
    www.state.gov/g/drl/irf/rpt.

        d. Freedom of Movement, Internally Displaced Persons, Protection of
    Refugees, and Stateless Persons.--The law provides for freedom of
    movement within government-controlled areas, foreign travel,
    emigration, and repatriation, and the Government generally respected
    these rights in practice. The Government cooperated with the Office of
    the UN High Commissioner for Refugees (UNHCR) and other humanitarian
    organizations in providing protection and assistance to internally
    displaced persons (IDPs), refugees, returning refugees, asylum seekers,
    stateless persons, and other persons of concern.
        The Government did not restrict Greek Cypriots from traveling to
    the area administered by Turkish Cypriots, but it generally advised
    them against spending the night at Greek Cypriot properties, gambling
    in the area administered by Turkish Cypriots, or buying or developing
    property there.
        The Government allowed EU citizens and citizens of other countries
    not subject to a visa requirement, who entered from ports of entry in
    the area administered by Turkish Cypriots, to cross the green line into
    the Government-controlled area; the Government maintained, however,
    that all ports of entry in the area administered by Turkish Cypriots
    are illegal.
        Greek Cypriots and Turkish Cypriots were required to show
    identification cards when crossing the green line. Members of each
    community were required to obtain insurance coverage in the community
    where they planned to drive their vehicles. Turkish Cypriots flew in
    and out of Larnaca and Paphos airports without obstruction. The
    Government issued 575 passports to Turkish Cypriots during the year.
        The law prohibits forced exile, and the Government did not employ
    it.

        Internally Displaced Persons (IDPs).--Although Greek Cypriots
    displaced as a result of the 1974 division of the island fall under the
    UN definition of IDPs, the Government considered them refugees. At
    year's end, these individuals and their descendants numbered 208,304.
    Depending on their income, IDPs and their descendants are eligible for
    financial assistance from the Government. They have been resettled,
    have access to humanitarian organizations, and are not subject to
    attack, targeting, or mandatory return under dangerous conditions.

        Protection of Refugees.--The law provides for the granting of
    asylum or refugee status, and the Government has established a system
    for providing protection to refugees.
        NGOs and refugees reported that the Asylum Service was better
    staffed and processed applications more quickly than in previous years.
    Of the 44,287 applicants who filed from 2002 to the end of 2010, 288
    were granted full refugee status and 2,408 were granted subsidiary
    protection status and humanitarian status. During the year the
    Government did not deport any refugees, and authorities granted full
    refugee status to 31 persons. The law forbids the detention of minor
    asylum seekers.
        In contrast to previous years, refugees and NGOs did not report
    that any asylum cases were closed without consideration or receiving a
    government response. NGOs and asylum seekers alleged that the Nicosia
    District Welfare Office continued to be inconsistent in the delivery of
    benefits to eligible asylum seekers. The ombudsman examined many such
    complaints and reported that in many cases the allegations were well
    founded, in which case her office made suggestions for remedial action.
        In practice, the Government provided protection against the
    expulsion or return of refugees and beneficiaries of subsidiary
    protection to countries where their lives or freedom would be
    threatened on account of their race, religion, nationality, membership
    in a particular social group, or political opinion.
        KISA claimed that authorities detained and deported asylum seekers
    whose applications were rejected before the Supreme Court undertook a
    final adjudication of their applications. Moreover, KISA and the
    ombudsman reported complaints from asylum seekers concerning
    difficulties in accessing the asylum application procedure and delays
    in the examination of their applications. The ombudsman reported that
    she did not receive any complaints from asylum seekers that police
    physically or psychologically abused them.
        The Government granted individuals determined to be refugees
    permission to stay and gave them temporary work permits, but it did not
    grant permanent resettlement rights. The law allows asylum seekers to
    be employed in fisheries, the production of animal feed, waste
    management, gas stations and car washes, freight handling in the
    wholesale trade, building and outdoor cleaning, distribution of
    advertising and informational materials, and food delivery. However,
    KISA reported that the Labor Office refused to approve and renew labor
    contracts for asylum seekers outside the farming and agriculture
    sector.Asylum seekers whose cases were awaiting adjudication were
    allowed to work after residing six months in the country, but they were
    limited to the areas permitted by law. During the six-month period,
    asylum seekers had access to a subsistence allowance and could live in
    the reception center for refugees located in Kofinou, the sole
    reception center for asylum seekers. There were complaints regarding
    the remoteness, limited capacity, and lack of facilities at Kofinou;
    conditions reportedly improved, however, after the Government entered a
    private-public partnership with a university in 2008 to operate the
    center.Asylum seekers who refused an available job could be cut off
    from state benefits. To obtain welfare benefits, asylum seekers had to
    have a valid address, which was impossible for many who were homeless.
    KISA reported delays in the delivery of checks to asylum seekers who
    were eligible for benefits. According to NGOs, asylum seekers reported
    discrimination in the provision of state medical care.
        On September 14, the press reported that a diabetic Congolese
    asylum seeker died in his Nicosia hostel room after the welfare
    services cut his benefits, denying him regular meals vital to his
    health. An autopsy found that the asylum seeker died of a heart attack.
    The coroner could not conclusively confirm that the heart attack was
    caused by an irregular diet. The asylum seeker arrived in the country
    in 2005; although he was able to apply for asylum and received medical
    treatment, his benefits were cut off three months before his death,
    allegedly due to bureaucratic red tape. The Ministry of Labor ordered
    an inquiry, which revealed that the deceased had presented the welfare
    services with a letter from his doctor stating that he was able to
    perform only light work, but his benefits were discontinued after he
    refused to take a suitable job offered by the Labor Department. As a
    result of this investigation, the Ministry of Labor changed the
    procedure for handling similar cases. Asylum seekers with a medical
    condition rendering them unable to work or able to perform only light
    work are referred to a medical board for assessment and are entitled
    for public assistance while awaiting a decision.
        In January 2009 a 28-year-old asylum seeker died after allegedly
    waiting two days for treatment, first at a private clinic in Nicosia
    and later at the Nicosia general hospital, following an accident at the
    horse farm where he was working. According to press reports, the
    private clinic did not offer the man treatment during the first 24
    hours he was there, despite his having suffered a head injury. Police
    opened a case against the employer for illegal employment and a second
    case relating to the death of the asylum seeker. Both cases were
    presented to court and were pending trial at year's end.
        In August 2009 the UNHCR complained through the media that a
    Kurdish child suffering from a terminal congenital condition was denied
    government funding to travel abroad for medical treatment because of
    his refugee status, in contravention of the country's refugee law,
    which provides refugees access to the same medical treatment as
    Cypriots and other EU citizens. Although the Health Ministry
    subsequently agreed to cover the travel costs on humanitarian grounds,
    the child was never taken for treatment abroad. The child died in
    November 2009, a week after an operation was performed at a state
    hospital. KISA reported that asylum seekers, recognized refugees, and
    migrant workers were denied government funding for treatment abroad
    when treatment was not available in the country.
        The Government provided funding to two local colleges for
    educational services aimed at helping recognized refugees integrate
    into society and also to a local NGO to help torture victims.
        During the year the Government provided temporary protection to 395
    individuals who may not qualify as refugees.
    Section 3. Respect for Political Rights: The Right of Citizens to
            Change Their Government
        The law and constitution provide citizens the right to change their
    government peacefully, and citizens exercised this right in practice
    through periodic, free, and fair elections based on universal suffrage.
    In national elections, only those Turkish Cypriots who reside
    permanently in the Government-controlled area are permitted to vote and
    run for office. In elections for the European Parliament, all Cypriot
    citizens have a right to vote and run for office, including Turkish
    Cypriots who live in the area administered by the Turkish Cypriots.

        Elections and Political Participation.--In 2006 free and fair
    elections were held for the 56 seats assigned to Greek Cypriots in the
    80-seat House of Representatives.
        Political parties operated without restriction or outside
    interference.
        Women held seven of the 56 seats filled in the House of
    Representatives and two of 11 ministerial posts. They also held senior
    positions in the judicial branch.
        There were no members of minorities in the House of
    Representatives, and the 24 seats assigned to Turkish Cypriots went
    unfilled. The small Armenian Orthodox, Maronite Christian, and Roman
    Catholic communities elected special nonvoting observer representatives
    from their respective communities to the House of Representatives.
    Section 4. Official Corruption and Government Transparency
        The law provides criminal penalties for official corruption, which
    vary depending on the charges, and the Government generally implemented
    these laws effectively. There were isolated reports of government
    corruption.
        While the Government generally investigated and prosecuted cases of
    corruption, cases usually moved at a slow pace, and the evidence law,
    which prohibits wiretapping and electronic surveillance, made obtaining
    convictions difficult.
        On May 11, the police charged two employees of the Public Works
    Department of the Ministry of Communications and Works with abusing
    their position by using public materials and labor for private
    purposes.
        During the year the attorney general ordered the criminal
    prosecution of two senior officers of the Ministry of Agriculture
    following an investigation into allegations that the minister of
    agriculture had attempted to influence the procedure to appoint
    personnel in one of the ministry's departments. The complaints were
    made by a senior agriculture ministry inspector. The case was pending
    before the court.
        In January the attorney general filed two criminal cases against
    six police officers and the director of the central prison in
    connection with the 2008 escape of double murderer and rapist Antonis
    Procopiou Kitas from a Nicosia private hospital where he had stayed for
    seven months while serving a life sentence. The minister of justice and
    public order resigned over the escape, and the Government appointed
    independent criminal investigators to investigate the possible
    involvement of police and government officials. Separate investigations
    were also ordered into how Kitas acquired a new passport and why he was
    allowed to stay at the hospital for such an extended period of time. A
    hearing of the case against the former director of the central prison
    began in October 2009 and was still in process. The case against the
    police officers was scheduled for hearing on November 29.
        State and public officials are required by law to declare their
    assets, but asset declarations are not public documents. Officials who
    fail to submit declarations are subject to a fine. In June 2009 the
    Supreme Court ruled unconstitutional the law requiring public officials
    to declare their assets. The attorney general appealed the decision;
    the appeal was pending at year's end.
        The constitution provides citizens the right of access to
    government information, but there were no specific laws to ensure
    public access. Civil servants were not allowed to provide access to
    government documents without first obtaining permission from the
    relevant minister. During the year there were no reported cases of the
    Government denying individuals access to government information.
    Section 5. Governmental Attitude Regarding International and
            Nongovernmental Investigation of Alleged Violations of Human
            Rights
        A number of domestic and international human rights groups
    generally operated without government restriction, investigating and
    publishing their findings on human rights cases. There is a government
    ombudsman, whose portfolio includes human rights, and a legislative
    committee on human rights.
        The UN, through the CMP, continued its efforts to account for
    persons missing after the intercommunal violence in 1963-64 and the
    conflict of 1974.
        During the year the ombudsman received complaints from citizens and
    foreigners living on the island who believed their rights had been
    violated by the Government. During her independent investigations, the
    ombudsman generally enjoyed good cooperation with other government
    bodies. The ombudsman's annual reports focused on police misconduct,
    treatment of patients at state hospitals, treatment of asylum seekers
    and foreign workers, and gender equality in the workplace. The Office
    of the Ombudsman was well respected and considered effective. In 2008
    the ombudsman stated that the Government had complied with 80 percent
    of her office's recommendations.
        The legislative Committee on Human Rights, which most local NGOs
    considered effective, is made up of 10 members of the House of
    Representatives, who serve five-year terms. The committee discussed
    wide-ranging human rights problems, including trafficking in persons,
    prison conditions, and the rights of foreign workers. The executive
    branch did not exercise control over the committee.
    Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
        The law prohibits discrimination based on race, gender, disability,
    language, or social status, and the Government effectively enforced
    these prohibitions.

        Women.--The law criminalizes rape, including spousal rape, with a
    maximum sentence of life in prison. Most convicted offenders received
    considerably less than the maximum sentence. Police indicated that 31
    cases of sexual assault were reported during the year.
        Violence against women, including spousal abuse, was reported, and
    there has been a sharp increase in recent years in the number of
    reported cases. The law establishes clear mechanisms for reporting and
    prosecuting family violence and provides that the testimony of minors
    and experts, such as psychologists, may be used as evidence to
    prosecute abusers. The law provides for prison terms for the abuse of
    family members. Doctors, hospital workers, and education professionals
    are required to report all suspected cases of domestic violence to
    police. Many victims refused to testify in court, however, and by law
    spouses cannot be compelled to testify against each other. Courts were
    obliged to drop cases of domestic violence if the spousal victim was
    the only witness and refused to testify.
        During the year police received 619 cases of domestic violence.
    They initiated criminal investigations in 460 of these and filed 197
    criminal cases in court. In 78 percent of the cases, the victims were
    female.
        An NGO working with domestic abuse victims reported a slight
    decrease in the number of telephone calls to its hotline from 2009 to
    2010. The NGO reported that 1,151 callers, of whom 77.5 percent were
    women, 14.4 percent children, and 8.1 percent men, claimed to be
    victims of domestic violence. The NGO also operated a shelter in
    Nicosia that served 72 victims of domestic violence during the year.
        In September 2009 the media reported that five NGOs accused the
    Government of deliberately minimizing the number of domestic violence
    victims by failing to collect accurate data using EU definitions. By
    the NGOs' estimates, 80,000 Greek Cypriot women were directly subjected
    to domestic violence, and an estimated 4,000 foreign housemaids
    suffered violence at the hands of their employers.
        The law prohibits sexual harassment in the workplace, but there
    were reports that it was a widespread problem, with most incidents
    unreported to authorities. In September 2009 a Cyprus University of
    Technology (TEPAK) report showed that 6 percent of employees in the
    country had experienced sexual harassment in their workplace and that
    one in two persons believed that some victims deserved the harassment.
    During the year the Labor Office received 22 complaints regarding
    sexual harassment, 21 by foreign housekeepers. The Labor Office's
    investigation found only two complaints to be valid. The Labor Office
    reported that 15 of the complaints were either withdrawn or could not
    be further investigated because the complainants failed to appear at
    the scheduled interview. A complaint investigated in 2009 was also
    found to be valid.
        In April the ombudsman issued a report concluding that the career
    of a female bank employee was put on hold by the bank's management
    because she had reported the deputy general manager of the bank for
    sexually harassing her. The ombudsman ruled that the actions of the
    bank management constituted discrimination in violation of the relevant
    legislation and invited the bank's chief executive officer to
    consultations before issuing her final adjudication. In her final
    recommendation, the ombudsman stated the bank should abolish the
    current discriminatory treatment of the complainant and ensure that her
    future professional development would be treated objectively while
    taking into consideration the difficulties she had encountered.
        Couples and individuals were generally able to freely decide the
    number, spacing, and timing of their children, and to have the
    information and means to do so free from discrimination, coercion, and
    violence. There was easy access to contraception, skilled attendance
    during childbirth, and women were diagnosed and treated for sexually
    transmitted infections, including HIV, equally with men. According to
    estimates compiled by international organizations, there were
    approximately 10 maternal deaths per 100,000 live births in the country
    in 2008.
        Women generally have the same legal status as men under family and
    property law and in the judicial system. The National Mechanism for
    Women's Rights under the Ministry of Justice and Public Order is tasked
    with the promotion, protection, and coordination of women's rights.
    Laws requiring equal pay for men and women performing the same work
    were enforced effectively at the white-collar level. Despite a strong
    legal framework, the Ministry of Labor and Social Insurance's
    enforcement was ineffective at the blue-collar level. Research by one
    NGO suggested that remuneration for female blue-collar workers was 25
    to 30 percent less than for their male counterparts.
        During the year an NGO representing divorced mothers worked with
    police to encourage efforts to collect delinquent child support
    payments. The courts may garnish wages and assets and ultimately
    imprison persons to enforce child support payments.

        Children.--Citizenship is derived from one's parents, and there is
    universal birth registration at the time of birth.
        During 2008 the Ombudsman's Office received a complaint regarding
    discriminatory treatment of Romani children in public education. The
    ombudsman's investigation was ongoing at year's end.
        Child abuse was a problem. The Welfare Department reported an 8.8
    percent increase in cases of child abuse in 2009 compared with 2008.
    The Welfare Department stated that most cases of abuse were linked to
    domestic violence. During the year police conducted 155 criminal
    investigations of child abuse compared with 200 the previous year. Of
    those cases, 69 were filed in court in 2010 and 139 in 2009.
        In 2008 there were two reports that girls were trafficked for
    commercial sexual exploitation; there were no reports of such
    trafficking in 2009 or 2010.
        The minimum age for consensual sex is 17, and sexual intercourse
    with a person under the age of 17 is a criminal offense. The penalty
    for sexual intercourse with a person between 13 and 17 is a maximum of
    three years' imprisonment. For sexual intercourse with a person under
    13, the penalty is up to life in prison. Possession of child
    pornography is a criminal offense punishable by a maximum of 10 years'
    imprisonment.
        The country is a party to the 1980 Hague Convention on the Civil
    Aspects of International Child Abduction. For information on
    international parental child abduction, please see the Department of
    State's annual report on compliance at http://travel.state.gov/
    abduction/resources/congressreport/congressreport--4308.html.

        Anti-Semitism.--There were approximately 2,000 persons in the
    Jewish community, which consists of a very small number of native
    Jewish Cypriots and a greater number of expatriate Israeli, British,
    and other European Jews.
        On November 30 and December 1, the Jewish community's Hanukkah
    display in Larnaca was vandalized. Vandals spray-painted the light
    bulbs of a menorah representation placed at a public location near the
    community's center and painted targets, swastikas, and the stylized
    letters ``SS'' on and near the display. The community notified police,
    who collected evidence and opened an investigation. No arrests were
    made by year's end. There were continued reports of verbal harassment
    of members of the Jewish community.

        Trafficking in Persons.--For information on trafficking in persons,
    please see the State Department's annual Trafficking in Persons Report
    at www.state.gov/g/tip.

        Persons With Disabilities.--The law prohibits discrimination
    against persons with physical, sensory, intellectual, and mental
    disabilities in employment, education, access to health care, or in the
    provision of other state services, and in practice the Government
    generally enforced these provisions. The law mandates that public
    buildings and tourist facilities built after 1999 be accessible to all;
    government enforcement of the law was ineffective, however, and older
    buildings frequently lacked access for persons with disabilities. There
    were no appropriate institutions for adults suffering from mental
    disabilities who were in need of long-term care.
        The amended People with Disabilities Law, which extended the
    ombudsman's authority to cover discrimination based on disabilities in
    both the private and public sectors, had not been fully implemented by
    year's end. Problems facing persons with disabilities included narrow
    or nonexistent sidewalks and lack of transport, parking spaces,
    accessible toilets, and elevators. During the year the ombudsman
    examined 26 complaints of discrimination against persons with
    disabilities. While many of the cases were still under investigation,
    the ombudsman reported full compliance of private and government
    organizations with her recommendations in the cases that were
    completed.
        There were no long-term care facilities specifically for persons
    with mental disabilities, but many such persons were housed at the
    Athalassa Psychiatric Hospital. In 2007 an association representing
    approximately 300 families with children with Down syndrome complained
    that the Government did not respond to its repeated calls for the
    creation of a specialized center for the treatment of such children,
    particularly those in need of temporary hospitalization. Some were
    housed at the hospital, where they allegedly received inadequate care.
    The parents claimed that the children were left naked, locked in their
    wards for excessive amounts of time, and placed under the influence of
    sedative medication. In December 2009 the same association complained
    that the Government rejected its request for a subsidy to cover its
    operating expenses, and as a result it had to close its office.
        According to a study presented at a meeting of the House Committee
    on Human Rights in May, one in three patients discharged from Athalassa
    Psychiatric Hospital were living in retirement homes and were
    experiencing difficulties integrating into society. Ten percent of
    these former patients were under the age of 30. Members of the
    committee noted that there is no infrastructure to support mental
    health patients with the result that, when they leave the psychiatric
    hospital, their medication is stopped and there are no programs for
    their social integration or aftercare in general, a situation that
    could lead to serious problems.
        On August 27, the Paraplegics Association complained that the new
    public buses, introduced in June as part of the overhaul of the public
    transport system, did not meet the needs of wheelchair users as they
    only had space for one wheelchair instead of two. After a meeting with
    the minister of communications and works on September 2, the
    Paraplegics Association said that the Government agreed to satisfy the
    demand for two wheelchair spaces in all buses ordered from now on. The
    Government also agreed to modify current buses if demand showed that
    there was a need for two wheelchair spaces.
        In 2008 the president of the Cyprus Mental Health Commission,
    Christodoulos Messis, stated that, in order to reduce numbers, patients
    in the Athalassa psychiatric unit were being released into nursing
    homes for the elderly regardless of their age, with no plan for their
    rehabilitation within the community. He criticized the mental health
    services for not creating appropriate halfway houses and boarding
    schools to host psychiatric patients wishing to reintegrate into
    society and return to active employment.
        The Ministry of Labor and Social Insurance's Service for the Care
    and Rehabilitation of the Disabled was responsible for protecting the
    rights of persons with disabilities. In addition the minister of labor
    and social insurance chaired the Pancyprian Council for Persons with
    Disabilities, which included representatives of government services,
    organizations representing persons with disabilities, and employer and
    employee organizations. The council monitored actions that affected the
    protection of the rights of persons with disabilities and served as a
    forum for persons with disabilities to contribute to public policy.

        National/Racial/Ethnic Minorities.--There were reported incidents
    of government and societal discrimination against members of minority
    national and ethnic groups.
        On November 5, clashes broke out in Larnaca between participants in
    an antiracism NGO event and demonstrators marching against the presence
    of undocumented migrants. One Turkish Cypriot, a member of a music
    group participating in the NGO event, was stabbed and several police
    officers and demonstrators were injured. The mosque in Larnaca was
    vandalized following the events. Police were investigating the attack
    on the mosque at year's end.
        On November 12, small groups of young persons wearing hoods and
    holding sticks attacked seven persons in different parts of Nicosia.
    Victims included a man from Mali, a German student, a 16-year-old
    British Armenian Cypriot, and four Greek Cypriots, whom the attackers
    apparently perceived to be foreigners. The police arrested and
    questioned six persons between the ages of 16 and 18; all were charged.
    Some were remanded for six days and others released pending the hearing
    of the case. According to a police report, some of the persons arrested
    admitted that their motives were racist and that their targets were
    foreigners. The attacks were condemned by senior government officials
    and all political parties. A similar incident occurred on November 17,
    when four young men attacked an Indian student in Nicosia. The four men
    were arrested, charged, and then released.
        During the year there were several reports of violent attacks in
    the Government-controlled area against Turkish Cypriots:
        On March 30, according to press reports, a group of about 200 Greek
    Cypriot fans of the APOEL soccer club attacked two Turkish Cypriots,
    lawyer Baris Mamali and businessman Tekin Birinci, in their car after
    they crossed to the south to watch a soccer match. The attackers
    pounded on the car with their hands, threw rocks, and shouted that they
    were going to kill the two Turkish Cypriots. They were saved by a small
    group of Greek Cypriots who shielded the car until the police arrived
    and dispersed the crowd. A police investigation did not produce
    evidence against a specific person, and the case was classified as
    ``undetected.''
        On May 4, the Turkish Cypriot press reported that two fans of the
    same football club attacked Turkish Cypriot Hasan Atik while he was
    driving from Larnaca to Nicosia. The attackers were riding motorcycles.
    They reportedly broke the lights and mirrors of Atik's car and hit his
    arms with sticks. Atik told the media that he reported the incident to
    the Cypriot police at the checkpoint in Nicosia without results. Police
    stated that Atik reported the incident only for insurance purposes but
    did not file a complaint.
        On September 11, the Turkish Cypriot press reported that a group of
    five Greek Cypriot men attacked a Turkish Cypriot couple, Nermin
    Arnavut, 61, and Altay Arnavut, 69, on a visit to Larnaca. They had
    pulled over to the side of the street when the Greek Cypriots
    approached them and reportedly called them ``filthy Turks'' and
    ``dogs.'' The assailants hit the woman on the arm; when she rolled up
    the window and locked the door, they then went to the driver's side and
    hit the husband on the neck and face until he lost consciousness. The
    couple crossed back to the northern part of the island without
    reporting the incident to the Republic of Cyprus officials, but made a
    complaint to the Turkish Cypriot police.
        There was also one report of an attack on an African student. On
    July 20, a group of youth in black T-shirts bearing the logo of the
    far-right organization ELAM (National Popular Front) beat a 25-year-old
    Nigerian student in a main Nicosia street. In his effort to escape, the
    student was nearly hit by a car. The attackers damaged the car as well.
    The Nigerian was transferred to Nicosia General Hospital and was
    treated for scratches and bruises. A police investigation did not
    produce evidence against specific persons, and the case was classified
    as undetected. An ELAM spokesman denied that the attackers were members
    of that organization and condemned the incident. The Government,
    political parties, and several youth and human rights organizations
    issued statements criticizing the attack.
        The 1975 Vienna III Agreement remains the legal source of authority
    regarding the treatment of Turkish Cypriots living in the Government-
    controlled area. The Government generally effectively enforced the
    agreement, which provides for the voluntary transfer of populations,
    free and unhindered access by the UNFICYP to Turkish Cypriots living in
    the south, and facilities for education, medical care, and religious
    activities.
        In January 2009 the ombudsman complained through the media that
    foreigners were being subjected to humiliating and discriminatory
    treatment by authorities at passport control at Larnaca Airport. At the
    end of 2010, the ombudsman reported that she was not aware of any
    changes to these practices. However, no new complaints were submitted
    during the year. The Independent Authority investigated the 2009
    complaint and concluded that no offense had been committed by passport
    control officers. Police reported that, during the year, police
    officers of the Aliens and Immigration Unit participated in two
    seminars on multiculturalism and immigration in addition to the annual
    training they received as part of the country's cooperation with the
    European Agency for the Management of Operational Cooperation at the
    External Borders (FRONTEX).
        In August the ombudsman issued a report supporting the Maronite
    religious group's request that the state increase the amount allocated
    to members of the Maronite, Armenian, and Latin religious groups for
    tuition at private secondary schools. In 2009 the Maronite religious
    community complained to the ombudsman that the Government failed to
    take effective measures to protect the use of the Maronite language.
    The ombudsman found the complaint to be justified and made
    recommendations to the Government.
        On September 13, experts of the European Commission against Racism
    and Intolerance arrived in the country to evaluate its performance on
    matters of racism and discrimination and assess progress since the
    previous report was issued in 2006; the report on their findings had
    not been released by year's end.
        In October 2009 the European Network against Racism Cyprus issued
    its 2008 ``shadow report'' on racism in the country. The report noted a
    significant rise in racist violence and called for the Government to
    adopt and implement an action plan covering all areas where
    discrimination and racism persist. It also called on the Government to
    develop and enact a comprehensive migration policy that would include
    an integration policy for migrants.
        During a police operation in September 2009, police took 150
    individuals to police stations, reportedly to confirm their immigration
    status. Authorities arrested 36 for ``illegal residence'' and 12 for
    involvement in violence that took place earlier at Nicosia's only
    functioning mosque. The minister of interior was critical of the
    operation, noting that his ministry was responsible for implementation
    of immigration policy; the minister of justice defended the operation,
    stating that police were simply doing their job. The ombudsman, acting
    as head of the Authority against Racism and Discrimination, stated that
    such practices fed xenophobic attitudes and racist stereotypes and had
    nothing to do with the country's immigration policy. The ombudsman
    opened an investigation which found that the police had violated the
    detainees' constitutional right to personal freedom and security and
    that their arrest was based on their ethnic origin rather than evidence
    that a crime had been committed. The ombudsman's report made a number
    of recommendations to police for adjusting their practices to safeguard
    human rights regardless of a person's race or ethnic origin.
        Many foreign workers reported that they almost always faced delays
    in the renewal of work visas despite the fact that they followed proper
    and timely procedures. In many cases the delays left them vulnerable to
    detention and deportation by immigration police.
        Some Turkish Cypriots living in the Government-controlled area
    reportedly faced difficulties obtaining identification cards and other
    government documents, particularly if they were born after 1974.
    Turkish Cypriots made few formal complaints to the UNFICYP about their
    living conditions in the south. Complaints most often concerned the
    lack of affordable accommodation.
        The ombudsman received complaints that the Government denied
    automatic citizenship to children of Turkish Cypriots married to
    Turkish citizens who resided in the area administered by Turkish
    Cypriots. Instead of granting citizenship automatically to such
    children, the Ministry of Interior routinely sought approval from the
    Council of Ministers before confirming their citizenship. During the
    year the Council of Ministers approved 634 cases. The ombudsman's
    office had no authority to examine the complaints because the Council
    of Ministers' decision to apply different criteria for granting
    citizenship to children born to one Turkish parent was a political one.
    Children of Turkish Cypriots married to Turkish citizens and living
    outside of Cyprus were automatically granted citizenship, however.

        Societal Abuses, Discrimination, and Acts of Violence Based on
    Sexual Orientation and Gender Identity.--Despite legal protections,
    gays and lesbians faced significant societal discrimination, and few
    lesbian, gay, bisexual, or transgender (LGBT) persons were open about
    their sexual orientation. On May 19, the first LGBT movement, Accept
    LGBT Cyprus, announced its operation and organized a series of events.
    The events were covered by the media and there was no negative public
    reaction.
        A 2009 report by the Gay Liberation Movement of Cyprus (AKOK) and
    the International Lesbian, Gay, Bisexual, Trans- and Intersex
    Association (ILGA) noted that there was no significant LGBT movement in
    the country, and a general stigma against homosexuality was present in
    society. The organization reported that some local religious figures
    and politicians frequently stated in public that gays and lesbians were
    ``immoral persons, bodily and mentally perverted.'' The groups also
    noted that there was no specific LGBT antidiscrimination law and that
    the lack of awareness-raising efforts and education about LGBT issues
    significantly contributed to the stigmatization of LGBT persons.
        On June 17, a spokesperson for Accept LGBT Cyprus criticized a
    decision of the state-controlled Cyprus Broadcasting Corporation (CyBC)
    management to ban a radio advertisement featuring a lesbian woman
    discussing her relationship with another woman. The advertisement was
    part of a European Commission-funded tolerance campaign run by the
    ombudsman's office. The campaign was aired by private stations and did
    not prompt a negative public reaction.
        In January 2009 the ombudsman publicly claimed that authorities at
    passport control at Larnaca Airport asked some foreign nationals about
    their sexual orientation.

        Other Societal Violence or Discrimination.--An NGO reported
    complaints of discrimination toward persons with HIV/AIDS and asserted
    that HIV-positive persons faced social exclusion and termination from
    employment. During the year the ombudsman issued reports on two
    complaints submitted by HIV-positive persons. In a report issued in
    June the ombudsman concluded that the deportation order issued against
    an HIV-positive British citizen, who was arrested and jailed for drunk
    driving, violated his right as an EU citizen to free movement and
    settlement in any EU country. The Ministry of Interior had informed the
    complainant that he would be deported because his personal conduct
    represented a serious threat to public and legal order and to public
    health. The ombudsman recommended revocation of the deportation order.

        Incitement to Acts of Discrimination.--Government-approved
    textbooks used at the primary and secondary school levels included
    language that was biased against Turkish Cypriots and Turks or
    refrained from mentioning the Turkish Cypriot community altogether. In
    addition, there were anecdotal reports of teachers using handouts or
    leading classroom discussions that included inflammatory language.
        In March the minister of education announced that a special
    government committee established in 2008 to examine the question of
    education reform had completed work on a set of curricula on all
    subjects, including history. Implementation of the history curriculum
    was scheduled to begin in September 2011. As part of a series of
    training programs in the new curricula, the Ministry of Education
    extended the Christmas vacation to allow teachers to attend four days
    of obligatory training that included a session on avoiding language
    that might offend the Turkish Cypriot community and contribute towards
    the division of the island. In addition, the ministry developed
    supplementary material for use by teachers that used a factual approach
    to historical events and excluded language biased against Turkey and
    the Turkish Cypriots.
    Section 7. Worker Rights

        a. The Right of Association.--All workers, except members of the
    police and military forces, have the legal right to form and join
    independent unions of their own choosing without prior authorization,
    and workers did so in practice. Police officers could form associations
    that had the right to bargain collectively. More than 70 percent of the
    workforce belonged to independent unions. The law allows unions to
    conduct their activities without interference, and the Government
    generally protected this right in practice. With the exception of
    members of the armed forces, police, and gendarmerie, all workers,
    including migrant and foreign workers, have the right to strike;
    authorities have the power to curtail strikes in ``essential
    services,'' but this power was used rarely in practice. An agreement
    between the Government and essential services personnel provides for
    dispute resolution and protects workers in the sector.

        b. The Right to Organize and Bargain Collectively.--The law
    provides for collective bargaining, and workers exercised this right in
    practice. Although collective bargaining agreements are not legally
    binding, their terms were effectively observed by employers and
    employees. Collective bargaining agreements covered approximately 60
    percent of workers, both citizen and foreign. Workers covered by such
    agreements were predominantly in the larger sectors of the economy,
    including construction, tourism, the health industry, and
    manufacturing.
        Antiunion discrimination is illegal, but union leaders contended
    that private sector employers were able to discourage union activity
    because the enforcement of labor regulations prohibiting antiunion
    discrimination was sporadic and penalties for antiunion practices were
    minimal.
        There are no special laws for or exemptions from regular labor laws
    in the export processing zone at the port of Larnaca.

        c. Prohibition of Forced or Compulsory Labor.--The Government
    prohibits forced or compulsory labor, including by children; however,
    there were reports that women and children were trafficked for domestic
    labor, and NGOs reported isolated cases of asylum seekers trafficked
    for forced labor in agriculture. Also, please see the State
    Department's annual Trafficking in Persons Report at www.state.gov/g/
    tip.
        The Ministry of Labor and Social Insurance experienced a
    substantial increase in the number of complaints of labor exploitation.
    Foreign workers, primarily from Eastern Europe and East and South Asia,
    were reportedly forced to work up to 13 hours a day, seven days a week,
    for very low wages. NGOs and the ombudsman confirmed that employers
    often retained a portion of foreign workers' salaries as payment for
    accommodations.
        Many domestic workers were reluctant to report contract violations
    by their employers out of fear of losing their jobs and consequently
    their work and residency permits. An NGO reported that there were cases
    of domestic workers whose travel documents were withheld by their
    employers. On December 4, a Vietnamese housekeeper reported to the
    police that her employer hit her and then two other men transferred her
    to another location where they tied her up and beat her. The employer
    and the two men were arrested and charged with abducting the woman and
    causing her serious bodily harm. In November a Chinese domestic worker
    reported to the police that her employer threw her in the swimming pool
    and ridiculed her because she did not know how to swim. At year's end,
    police were investigating a possible case of assault and humiliating
    treatment against the employer; the woman was transferred to the
    shelter for victims of trafficking.

        d. Prohibition of Child Labor and Minimum Age for Employment.--The
    law prohibits the employment of children, defined as persons under 15,
    except in specified circumstances, such as combined work-training
    programs for children who have attained the age of 14 or employment in
    cultural, artistic, sports, or advertising activities, subject to
    certain rules limiting work hours. Nighttime work and engagement of
    children in street trading is prohibited. The law also permits the
    employment of adolescents, defined as persons between the ages of 15
    and 18, provided it is not harmful, damaging, or dangerous, and also
    subject to rules limiting hours of employment. Employment of
    adolescents between midnight and 4:00 a.m. is not permitted. The
    minimum age for employment in an ``industrial undertaking'' is 16.
        The Government effectively enforced laws and policies to protect
    children from exploitation in the workplace. Ministry of Labor and
    Social Insurance inspectors are responsible for enforcing the child
    labor laws and did so effectively. There were isolated examples of
    children under 16 working for family businesses.

        e. Acceptable Conditions of Work.--Although there is no national
    minimum wage, there is a minimum wage for certain groups that are
    deemed vulnerable to exploitation. The minimum wage for shop
    assistants, nurses' assistants, clerks, hairdressers, and nursery
    assistants was 835 euros (approximately $1,120) per month for the first
    six months and 887 euros ($1,190) per month thereafter. This amount did
    not provide a decent standard of living for a worker and family. For
    asylum seekers working in the agricultural sector, the minimum monthly
    wage was either 425 euros ($570) with accommodation and food provided
    or 767 euros ($1,030) without accommodation and food. Neither amount
    provided a decent standard of living for a worker and family.
        The minimum starting salary for foreign nationals working as
    housekeepers was 290 euros (approximately $390) per month, plus a
    minimum of 120 euros ($160) for lodging if the worker was not a live-in
    and an additional 16 percent for social insurance, which employers were
    required to pay directly to the Government. Medical insurance, visa
    fees, travel, and repatriation expenses are covered by the employers.
    Cabaret performers' contracts typically stipulated that they receive at
    least 205 euros ($275) per week for 36 hours of work. These wages did
    not provide a decent standard of living for a worker and family.
        Workers in almost all other occupations, including unskilled labor,
    were covered under collective bargaining agreements. The wages set in
    these agreements were significantly higher than the minimum wage.
        Foreign workers were allowed to claim pensions, and in some cases
    there were bilateral agreements that allowed workers to claim credit in
    their home countries. Unions and labor confederations were generally
    effective in enforcing negotiated wage rates (collectively bargained
    rates), which were generally much higher than the minimum wage. The
    Migration Service was responsible for enforcing the minimum wage for
    foreign workers but did not actively do so.
        The legal maximum workweek was 48 hours, including overtime. Unions
    and employers within the same economic sector collectively determined
    the actual working hours. In the private sector, white-collar employees
    typically worked 39 hours a week, and blue-collar employees worked 38
    hours a week. In the public sector, the workweek was 38 hours in the
    winter and 35 hours in the summer. The law does not require premium pay
    for overtime or mandatory rest periods; however, these benefits were
    sometimes stipulated in contracts and collective agreements. The law
    provides that foreign and local workers receive equal treatment. Labor
    ministry inspectors are responsible for enforcing these laws. Labor
    unions, however, reported enforcement problems in sectors not covered
    by collective agreements. They also reported that certain employers,
    mainly in the building industry, exploited illegal foreign workers by
    paying them very low wages.
        There were reports that foreign domestic workers, primarily from
    East or South Asia, were mistreated by their employers or fired without
    cause in violation of their contracts. Some domestic workers,
    particularly live-in maids, reported working excess hours for employer
    families at all times, night and day, without additional compensation
    or time off. Although the law protects domestic workers who file a
    complaint with the Ministry of Labor and Social Insurance from being
    deported until their cases have been adjudicated, NGOs reported that
    many domestic workers did not complain to authorities about
    mistreatment due to fear of deportation.
        Government inspectors of the Ministry of Labor were responsible for
    enforcing health and safety laws. The Ministry of Labor and labor
    unions reported that health and safety laws were satisfactorily
    enforced but there was an increase in work-related accidents during the
    year. Factory inspectors processed complaints and inspected businesses
    to ensure that occupational safety laws were observed. Their
    inspections were supported by close government cooperation with
    employer and employee organizations. However, inspections did not occur
    in private households where persons were employed as domestic servants.
        Workers have the right to remove themselves from work situations
    that endanger health or safety without jeopardy to their continued
    employment, and authorities effectively enforced this right.
                   the area administered by turkish cypriots
        Since 1974 the northern part of Cyprus, with a population of
    approximately 265,000 persons according to 2006 data, has been run by a
    Turkish Cypriot administration that proclaimed itself the ``Turkish
    Republic of Northern Cyprus'' (``TRNC'') in 1983. The United States
    does not recognize the ``TRNC,'' nor does any country other than
    Turkey. Dervish Eroglu was elected ``president'' in 2010 in free and
    fair elections. Elections to the ``Assembly of the Republic'' in April
    2009 were also free and fair and resulted in the formation of a single-
    party ``government'' of the UBP (National Unity Party). The 2010
    municipal elections were generally free and fair. The ``TRNC
    constitution'' is the basis for the ``laws'' that govern the area
    administered by Turkish Cypriots. Police and security forces were
    ultimately under the operational command of the Turkish military, per
    transitional article 10 of the ``TRNC constitution,'' which cedes
    responsibility for public security and defense ``temporarily'' to
    Turkey.
        There were problems in some areas, particularly police abuse of
    detainees and prison conditions. There were restrictions on the rights
    of asylum seekers and no regulatory infrastructure to handle asylum
    applications or to protect the rights of asylum seekers. Trafficking in
    persons continued to be a problem.
                            respect for human rights
    Section 1. Respect for the Integrity of the Person, Including Freedom
            From:

        a. Arbitrary or Unlawful Deprivation of Life.--There were no
    reports that authorities or their agents committed arbitrary or
    unlawful killings.

        b. Disappearance.--There were no reports of politically motivated
    disappearances.
        Authorities participated in the autonomous, tripartite (UN, Greek
    Cypriot, Turkish Cypriot) UN Committee on Missing Persons (CMP) in
    Cyprus as part of their continuing efforts to account for persons who
    remained missing after the intercommunal violence in 1963-64 and the
    conflict of 1974. In 2006 the CMP began its project to exhume,
    identify, and return remains. As of year's end, the CMP had exhumed the
    remains of 767 missing persons and returned the remains of 54 Turkish
    Cypriots to their families. Exhumations continued in different parts of
    the island. According to the CMP, 1,392 Greek Cypriots and 440 Turkish
    Cypriots remained missing.

        c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
    Punishment.--The ``law'' prohibits such practices; however, there were
    reports that police abused detainees. The ``law'' does not refer to
    ``torture,'' which falls under the section of the criminal code that
    deals with assault, violence, and battery.

        Prison and Detention Center Conditions.--Prison conditions did not
    meet international standards. Inmates complained of overcrowding at the
    prison, but the authorities claimed that they addressed the problem.
        During the year inmates also raised complaints via the media of
    unsanitary living conditions, brutality, and prison authorities'
    negligence, while wardens complained about intimidation and unruliness
    by certain inmates. In the prison, which had a former capacity of 291
    inmates, the introduction of a bunk-bed system in 2009 raised official
    bed capacity to 427; of the 250 prisoners held there at year's end, 59
    percent were foreigners, mostly Turkish citizens. Nine women prisoners
    and seven juveniles were incarcerated. Approximately 34 percent of the
    prisoners were awaiting trial.
        Some former inmates complained to the press that sanitary
    conditions were inadequate.
        According to the authorities, prisoners and detainees were
    permitted to both submit complaints to judicial authorities without
    censorship and to request investigation of credible allegations of
    inhumane conditions. Authorities reported they did not receive any
    complaints. They stated that all prisoners were allowed religious
    observance.
        Prisoners were permitted access to visitors either once every 10
    days or once every 30 days, depending on the prisoner's sentence type.
    (Detainees and prisoners with light punishment could receive visitors
    every 30 days while prisoners with ``stern penalties'' could receive
    visitors every 10 days). Visits are limited to 30 minutes except during
    holidays. Convicted inmates are allowed a maximum of 40 minutes of
    phone calls four days a week; detainees are given access to phones
    three days a week.
        In August a Cameroonian asylum seeker, who had been arrested and
    jailed in July for possessing fraudulent travel documents, claimed in a
    media interview that he was beaten by the police and subjected to
    racial slurs by other inmates and prison officials. He said he was
    visited by UNHCR officials both while in prison and afterwards. The
    Turkish Cypriot Human Rights Foundation filed complaints with the
    prison authority, but no results were reported. During his detention,
    the UNHCR's local implementing partner, the Refugee Rights Association
    (RRA), prevailed upon a court to reverse the individual's deportation
    order.
        On June 4, a Turkish inmate attempted suicide in the Central Prison
    and died in the Nicosia hospital the next morning. The press alleged
    that the inmate had complained about brutality by wardens. The head of
    the Wardens Union strongly denied the allegations and stated that the
    inmate had psychological problems and had attempted suicide several
    times before.
        On February 25, the human rights NGO Platform for the Prevention of
    Torture complained via the media that authorities did not permit visits
    to investigate allegations of mistreatment and violence against
    prisoners.
        In October 2009 inmates went on a hunger strike to protest poor
    living conditions, corruption, and mistreatment by custodial staff, as
    well as negligence by the authorities.
        In October 2009 an opposition ``member of parliament'' visited the
    prison and told the press afterward that prison conditions were
    unsatisfactory.
        In November 2009 a riot broke out in the prison. The media reported
    that inmates set a section of the prison on fire to protest the failure
    of the warden and the ``government'' to improve conditions. One inmate
    allegedly told his lawyer that the riot police who raided the prison
    set the mattresses on fire.
        In November 2009 the head of the Prison Wardens Union alleged that
    visitors, lawyers, and civilian workers often entered the prison
    unchecked and supplied inmates with drugs and cell phones.
        In 2008 the media reported that a number of inmates were on a
    hunger strike to protest poor living conditions. Later in 2008 a group
    of inmates set their beds on fire to protest what they considered to be
    severe punishment in the prison.
        In September 2009 an anonymous 17-year-old former prisoner, who had
    been convicted of theft and was recently released from the Nicosia
    prison, told the media that custodial staff and inmates mistreated and
    physically intimidated inmates convicted of rape. The youth also
    claimed that police beat him when he was arrested and forced him to
    sign false police-drafted testimony.
        In response to a 2007 riot, prison authorities summoned the special
    riot police to restore order; the riot police, however, allegedly
    targeted not only rioters but the general prison population, beating
    scores of prisoners with truncheons. After obtaining permission from
    the ``Ministry of Interior,'' the Turkish Cypriot Doctors Association
    examined prison inmates in 2008; of a random sample of 60 prisoners, 54
    had heavy bruising on their legs consistent with blows from truncheons.
    The ``prime minister'' subsequently announced that the police
    intervention would be investigated; however, at year's end, there had
    been no effective investigation of the events.
        Juveniles were not held separately from adults.
        During the year authorities permitted prison visits by local
    journalists. In September a group of journalists from the daily
    newspaper Kibris visited the prison and met with prisoners,
    subsequently publishing a feature on their lives. In 2007 a group from
    the Turkish Cypriot Doctors Association visited the prison to observe
    and investigate. A group from the Turkish Cypriot Bar Association and
    another from the Turkish Cypriot Human Rights Association visited the
    prison in 2008. According to authorities, a number of foreign diplomats
    visited the prison in 2009 to inspect prison conditions and to evaluate
    the situation of some foreign prisoners.
        The scope of the ombudsman's duties does not include advocating for
    reduced or alternative sentences or addressing the status of juvenile
    prisoners or improving detention/bail conditions.

        d. Arbitrary Arrest or Detention.--The ``law'' prohibits arbitrary
    arrest and detention, and authorities generally observed these
    prohibitions.

        Role of the Police and Security Apparatus.--Police are responsible
    for law enforcement. The chief of police reports to a Turkish Cypriot
    general, who is nominally under the supervision of the ``Prime
    Ministry,'' holding the ``security portfolio.'' The police and security
    forces are ultimately under the operational command of the Turkish
    military, however, per transitional article 10 of the ``TRNC
    constitution,'' which ``temporarily'' cedes responsibility for public
    security and defense to Turkey. Security forces were generally
    cooperative with civilian authorities and effective in matters of law
    enforcement. The police are divided into eight functional divisions and
    five geographic divisions.
        The ``Office of the Attorney General'' continued to work with the
    inspection division (or occasionally the criminal investigative
    division) to investigate allegations of police misconduct. In contrast
    to previous years, there were investigations of five officers
    concerning the abuse of detainees during 2009. Following the
    investigations, prosecutors dropped two of the cases; three cases were
    still pending investigation because witnesses in each case were abroad.
    In 2010, three cases of police misconduct/brutality were filed; one was
    dropped after the investigation showed the claims were unfounded;
    investigations in the other two cases were ongoing.

        Arrest Procedures and Treatment While in Detention.--Judicially
    issued arrest warrants are required for arrests. No person may be
    detained longer than 24 hours without referral of the case to the
    courts for a longer period of detention. Authorities generally
    respected this right in practice. Detainees were usually informed
    promptly of charges against them, although individuals believed to have
    committed a violent offense were often held for longer periods of time
    without being charged. Judges could order that suspects be held for
    investigative detention for up to 10 days before formal charges are
    filed, or up to three months for those accused of serious crimes.
    According to ``legislation,'' any detained person must be brought
    before a judge within 24 hours. The person can then be detained in
    police custody for a period of up to three months, but a judge reviews
    the detention every eight days. Bail was permitted and routinely used.
    Detainees were usually allowed prompt access to family members and a
    lawyer of their choice. The authorities provided lawyers to the
    destitute for violent offenses only. Particularly at the time of
    arrest, police sometimes did not observe legal protections. Some
    suspects were not permitted to have their lawyers present when giving
    testimony, in contravention of the ``law.'' Suspects who demanded the
    presence of a lawyer were sometimes threatened with stiffer charges or
    physically intimidated.
        In September a citizen named Osman Kalkan told the press that he
    was beaten in front of his son by officers at the Alaykoy police
    station, where he had gone to make a complaint. Kalkan alleged that he
    was hospitalized but that the police confiscated the medical report
    produced by the doctor.
        In February the chairwoman of the Turkish Cypriot Human Rights
    Foundation asserted that there had been several cases of torture in
    police custody. A lawyer with the organization opined in September that
    allegations should be investigated by an independent body rather than
    by police.
        In February the lawyer of murder suspect Ferhat Beyoglu repeated
    his claim that his client continued to be tortured in prison.
        In June 2009 the chair of the Turkish Cypriot Bar Association told
    the media that police commonly mistreated suspects and used violence to
    coerce suspects to provide testimony.
        In June 2009 the lawyer for three defendants in the Yucel Erol
    murder case alleged that police repeatedly tortured his clients in
    order to obtain confessions. The lawyer maintained that the defendants,
    Mustafa Cavga, Hasan Nur, and Emin Ozbeyit, were subjected to severe
    beating and threats while in detention. The judge ordered the suspects
    to undergo a medical examination to substantiate the claim. The NGO
    Torture Prevention Platform lobbied the ``attorney general'' to
    investigate the claims but reported at year's end that no effective
    investigation was conducted. In December 2009 there were media reports
    that a former detainee claimed to have witnessed Hasan Nur being
    tortured.
        In April the lawyer for the defendants in the Erol case repeated
    his claim that his clients were tortured in detention. Defendant
    Mustafa Cavga claimed in court that police examiner Aslan Coskun
    tortured him at police headquarters four times until he completed and
    signed his initial statement. His claims were supported by a witness,
    Rusen Yavuz, a former inmate who said that Cavga had been in the cell
    next to his and was tied and suspended by his hands. In late April,
    following statements by his lawyer and two witnesses, the court decided
    that Cavga was neither tortured nor pressured. In September the case
    was finalized and Hasan Nur was sentenced to 25 years' imprisonment,
    while Cavga and Ozbeyit were each sentenced to 30 years.
        In 2008 three Iranians arrested in Famagusta for possession of
    opium complained in court that narcotics police tortured them to force
    a guilty plea. Lawyers for two of the three suspects complained that
    their clients were stripped naked and beaten in detention and pressured
    to sign a statement. The judge ordered the suspects to undergo a
    medical examination, which did not substantiate the defendants' claims,
    and the trials proceeded. In June the ``Torture Prevention Platform,''
    associated with the Turkish Cypriot Human Rights Foundation, filed an
    official complaint with authorities related to the case. As of year's
    end, no results had been reported.
        In 2008 the lawyer representing Ferhat Beyoglu and Metin Taskin,
    both accused murder suspects, claimed in court that police were using
    torture to pressure his clients to plead guilty. The judge ordered a
    medical examination, which did not substantiate the defendants' claims,
    and the trials proceeded.

        e. Denial of Fair Public Trial.--The ``law'' provides for an
    independent judiciary, and authorities generally respected judicial
    independence in practice.
        Most criminal and civil cases begin in district courts, from which
    appeals are made to the ``Supreme Court.'' There were no special courts
    for political offenses. In 2007 ``legislation'' was passed transferring
    jurisdiction from military to civilian courts in cases where civilians
    are accused of violating military restrictions, such as filming or
    photographing military zones.
        In January 2009 the ECHR ruled against Turkey and in favor of an
    applicant, Yasir Amer, who claimed that he had not been provided with a
    translator and, therefore, had been denied the right to a fair trial as
    provided under the European Convention on Human Rights. Amer had been
    sentenced to life in prison for murdering a businessman in the northern
    part of Cyprus. The ECHR ruled that there had been a violation of the
    convention on account of the excessive length of the criminal
    proceedings; the court awarded Amer 5,000 euros ($6,700) in
    nonpecuniary damages and 2,000 euros ($2,680) for costs and expenses.

        Trial Procedures.--The ``law'' provides for the right to a fair
    trial, and an independent judiciary generally enforced this right. The
    ``TRNC constitution'' provides for public trials, the defendant's right
    to be present at those trials, and the defendant's right to consult
    with an attorney in a timely manner. Authorities provide lawyers to
    indigent defendants only in cases involving violent offenses.
    Defendants are allowed to question witnesses against them and present
    evidence and witnesses on their behalf. The ``law'' also requires that
    defendants and their attorneys have access to evidence held by the
    ``government'' related to their cases. Defendants enjoy a presumption
    of innocence and have a right to appeal. Authorities generally
    respected these rights in practice.
        In 2008 the head of the Nicosia Bar, Baris Mamali, complained via
    the media that protections of detainees' rights were not sufficiently
    implemented, contravening articles 16-18 of the ``TRNC constitution.''
    Mamali confirmed that legally granted rights, such as the right to
    remain silent and the right to a lawyer, were not uniformly respected.
    Mamali also stated that arbitrary and unjust arrests took place at
    times.

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

        Civil Judicial Procedures and Remedies.--There was generally an
    independent and impartial judiciary for civil matters, permitting
    claimants to bring lawsuits seeking damages for human rights
    violations. There were generally no problems enforcing domestic court
    orders.

        Property Restitution.--During the year Greek Cypriots continued to
    pursue property suits against the Turkish government for the loss since
    1974 of property located in the area administered by Turkish Cypriots.
    Turkish Cypriots pursued claims against the Republic of Cyprus as well.
    Under ECHR rules, as long as adequate local remedies exist, an
    appellant does not have standing to bring a case before the ECHR until
    that appellant exhausts all local remedies. In response to the ECHR's
    2005 ruling, in the Xenides-Arestis case, that Turkey's ``subordinate
    local authorities'' in Cyprus had not provided an adequate local
    remedy, a property commission was established to handle claims by Greek
    Cypriots; in 2006 the ECHR ruled that the commission had satisfied ``in
    principle'' the ECHR's requirement for an effective local remedy. In a
    March 2010 ruling, the ECHR recognized the property commission as a
    domestic remedy. The Immoveable Property Commission (IPC) reportedly
    received 840 applications by year's end and completed 202. Five
    applicants received restitution of their properties outright (plus
    compensation), one received restitution pending a future settlement of
    the Cyprus problem, one accepted partial restitution, another received
    full restitution, and 130 accepted compensation in lieu of restitution.
    Two property exchange (plus compensation) decisions were also issued.
    Two applications were rejected and 60 were revoked. As of year's end,
    the commission had paid more than $75 million in compensation.

        f. Arbitrary Interference With Privacy, Family, Home, or
    Correspondence.--The ``law'' prohibits such actions; there were
    reports, however, that police subjected Greek Cypriots and Maronites
    living in the area administered by Turkish Cypriots to surveillance.
    Although the authorities reported otherwise, a Maronite representative
    asserted that 13 houses in the village of Karpasia were occupied by the
    Turkish military during the year.
    Section 2. Respect for Civil Liberties, Including:

        a. Freedom of Speech and Press.--The ``law'' provides for freedom
    of speech and of the press, and the authorities generally respected
    these rights in practice, but journalists were at times obstructed in
    their reporting, fined, and threatened with more serious charges.
        Individuals were generally able to publicly criticize the
    authorities without reprisal. In 2008, however, two youths were
    arrested for forming a group on Facebook that involved ``gross personal
    insults'' against then ``TRNC president'' Mehmet Ali Talat. The youths
    were detained for three days and released pending trial. They were
    tried on defamation charges and in April 2010 were sentenced to two
    years of probation.
        The independent media were active and expressed a wide variety of
    views without restriction. International media were generally allowed
    to operate freely. Bayrak Radyo Televizyon Kurumu (BRT) is the only
    ``government''-owned television and radio station.
        In February a BRT program featuring an opposition Republican
    Turkish Party (CTP) member who worked for another television channel
    was taken off the air by the management. The BRT director claimed to
    have acted in this manner because the program host had not informed him
    about the guest; he asserted that it was an issue of internal
    management and hierarchy.
        In August 2009 a well-known Nicosia independent bookstore, Isik
    Kitabevi, was damaged by an apparent arson attack. Then ``president''
    Talat, then ``prime minister'' Dervis Eroglu, several ``members of
    parliament,'' and NGOs criticized the attack. The bookstore moved
    shortly after the attack to a new location and continued to operate. At
    year's end, the bookstore had moved back to its original location, but
    the case was dropped because no perpetrator was identified, and the
    investigation did not yield any results.
        In March 2009, in the run-up to the April 19 general elections, the
    ``Ministry of Finance,'' then controlled by the ruling CTP, demanded
    that the highest-circulation newspaper, Kibris, immediately pay its tax
    debt of 11 million Turkish lira ($7.3 million) to the ``government.''
    According to the Kibris editor in chief, Resat Akar, the ``government''
    also demanded that he resign or take a leave of absence until after the
    elections. After negotiations with the ``ministry,'' the management of
    Kibris agreed to pay the debt in several installments. Eventually, Akar
    did leave his position during the elections; it is unclear whether this
    was in response to the ``government's'' alleged demands.

        Internet Freedom.--The authorities did not restrict access to the
    Internet, and there were no reports that they monitored e-mail or
    Internet chat rooms. Individuals and groups could engage in the
    peaceful expression of views via the Internet, including by e-mail. The
    Internet was easily accessible and widely available to the public.
    According to a study conducted by the KADEM polling and research
    company in November, 58 percent of the population used the Internet.

        Academic Freedom and Cultural Events.--The authorities did not
    restrict academic freedom or cultural events.

        b. Freedom of Peaceful Assembly and Association.--The ``law''
    provides for freedom of assembly and association, and the authorities
    generally respected this right in practice.
        In November 2009 riot police used pepper spray to disperse a group
    of trade unionists protesting against the ``government'' and arrested
    16 of the demonstrators. The Turkish Cypriot Human Rights Foundation
    issued a statement condemning the ``government'' and the police for
    using brutality to suppress the demonstration, for wrongful arrests,
    and for subsequent abuse of some of those arrested. At year's end, the
    trials were ongoing, and the number of defendants had fallen to eight.
    Prosecutors reviewed investigations of police use of disproportional or
    extreme force and found them to be groundless.

        c. Freedom of Religion.--For a complete description of religious
    freedom, see the 2009 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 area administered by Turkish Cypriots, foreign
    travel, emigration, and repatriation, and authorities generally
    respected these rights in practice.
        Cooperation between the Office of the UN High Commissioner for
    Refugees (UNHCR) and the Turkish Cypriot authorities was handled
    through an intermediary NGO, due at least in part to complications
    arising from the unrecognized status of the ``TRNC.'' No law exists
    regarding the handling of asylum applications; therefore, the UNHCR
    representative in Cyprus adjudicated asylum claims.
        Greek Cypriots and Turkish Cypriots were required to show
    identification cards when crossing the green line. Greek Cypriots and
    foreigners crossing into the area administered by Turkish Cypriots were
    also required to fill out a ``visa'' form.
        In September 2009 confusion surrounding procedures to allow
    worshipers to pass through the normally unused Limnitis/Yesilirmak
    crossing to attend a mass at St. Mamas Church in the Turkish Cypriot-
    administered area prevented some Greek Cypriot worshipers from
    attending. Nevertheless, the mass took place, and hundreds of Greek
    Cypriots who had entered through other crossing points participated.
        In 2006 the immigration ``law'' was amended, and authorities
    reported that all illegal immigrant workers were registered. According
    to the new ``law,'' all employers who wish to import foreign workers
    need official permission from the ``Department of Labor'' to register
    them. As a result of the new ``law,'' the number of illegal workers,
    and thus illegal immigrants, in the area administered by Turkish
    Cypriots decreased dramatically. Authorities deported illegal
    immigrants found without work permits. All illegal immigrants without
    work permits were prohibited from entering the ``TRNC'' at the ports of
    entry. Asylum seekers were generally treated as illegal immigrants and
    were either deported or denied entry.
        In March the ``labor minister'' announced that 2,000 illegal
    workers had been deported in the previous four months.
        Turkish Cypriots had difficulty traveling to most countries because
    only Turkey recognizes travel documents issued by the ``TRNC.'' Some
    Turkish Cypriots used Turkish travel documents, but many obtained
    travel documents issued by the Republic of Cyprus. Turkish Cypriots
    born after 1974 to parents who were both Republic of Cyprus citizens
    before 1974 obtained passports relatively easily, compared with Turkish
    Cypriots born after 1974 to only one Cypriot parent. Children of
    Turkish Cypriot mothers and Turkish fathers were reportedly usually
    denied citizenship by Republic of Cyprus authorities. Children of
    Turkish Cypriot fathers and Turkish mothers reportedly also faced some
    obstacles. According to a 2008 interview with the Kibris newspaper, a
    Republic of Cyprus official stated that non-Cypriot spouses of Turkish
    Cypriots would not be eligible for passports if their marriage ceremony
    took place in the ``TRNC'' and that any children resulting from such
    marriages would also be ineligible to receive Republic of Cyprus
    passports.
        The ``law'' prohibits forced exile, and the authorities did not
    employ it.

        Internally Displaced Persons (IDPs).--Although they would fall
    under the UN definition of IDPs, Turkish Cypriots considered persons
    displaced as a result of the division of the island to be refugees.
    These persons and their descendants numbered approximately 90,000 to
    100,000 in the north. They were resettled, had access to humanitarian
    organizations, and were not subject to attack, targeting, or return
    under dangerous conditions.

        Protection of Refugees.--The 1951 Convention relating to the Status
    of Refugees is incorporated into Turkish Cypriot domestic ``law,'' as
    were all other laws adopted during pre-1963 British colonial rule and
    later ``ratified'' by the Turkish Cypriot administration. Authorities
    admitted that they had no ``law'' or system in place for dealing with
    asylum seekers or the protection of refugees and stated that asylum
    applications were systematically rejected. Potential asylum seekers who
    attempted to enter the area administered by Turkish Cypriots illegally
    were almost always arrested, taken to court, and deported after serving
    their sentence. During the year, however, authorities facilitated the
    access of 33 asylum seekers and five refugees to the UNHCR
    representatives in the UN-buffer zone.
        In practice authorities did not provide protection against the
    expulsion or return of refugees to countries where their lives or
    freedom would be threatened. Individuals who requested asylum were
    supposed to be directed to the UNHCR or its local implementing partner,
    the Refugee Rights Association (RRA). However, authorities often
    refused to grant asylum seekers access to the RRA, refused their entry,
    treated them as illegal immigrants, and denied them the opportunity to
    apply for asylum through the UNHCR.
        The RRA was affiliated with the Turkish Cypriot Human Rights
    Foundation in the area administered by Turkish Cypriots. Only the UNHCR
    representative can consider applicability of the 1951 convention; the
    RRA's mission was to monitor and identify individuals who want to apply
    for asylum, to refer them to the UNHCR, to advocate to the Turkish
    Cypriot administration not to deport such individuals but instead to
    provide protection for the prospective applicants, and to facilitate
    their accommodation and employment. According to the RRA, at year's
    end, 24 asylum seekers and five refugees were residing and working (for
    below-minimum wages and sometimes in exchange for food) or attending
    school in the area administered by Turkish Cypriots. They could not
    travel abroad because they would be unable to return due to their lack
    of status, which rendered them illegal according to Turkish Cypriot
    immigration rules. The UNHCR did not provide financial assistance to
    asylum seekers except in exceptional cases. There were no reliable
    estimates of the number of asylum seekers crossing into the Government-
    controlled areas, since irregular crossings go unrecorded.
        In February the chairwoman of the Turkish Cypriot Human Rights
    Foundation asserted to the media that several immigrants had been given
    jail sentences although the ``law'' clearly stated that immigrants
    should not be imprisoned.
        In August a number of asylum seekers and refugees interviewed by a
    local daily recounted stories of mistreatment and poor living
    conditions in the north. According to the article, five refugees and 11
    asylum seekers present in the north at time of reporting were
    neglected, some of them jailed for ``illegal entry'' and at times
    separated from their children.
        In February 2009 Kivanc Aktug, the head of the NGO Human Relief
    Mission, the former implementing partner of the UNHCR in the area
    administered by the Turkish Cypriots, was arrested by Turkish Cypriot
    ``police'' for smuggling asylum seekers into the Government-controlled
    area. According to media reports, Aktug was working as part of a ring
    of human smugglers. Following the arrest, the UNHCR Representative's
    Office publicly stated that it had stopped working with the NGO as its
    implementing partner at the end of 2008. Aktug was detained for three
    days and released on bail pending trial. The investigation has been
    completed, and a number of cases against Aktug were still pending in
    the Nicosia court.
        The RRA stated that, despite its efforts, authorities at ports
    often denied entry to asylum seekers, and those trying to enter the
    ``TRNC'' illegally were usually detained and subsequently deported. The
    RRA complained that authorities usually denied asylum seekers access to
    the RRA's lawyers and vice versa.
        During the year several Iraqis and Palestinians were denied entry
    and deported. However, the RRA reported that several deportation orders
    were successfully canceled. Five women--four Palestinian and one
    Nigerian--sought asylum during the year, but authorities in the area
    administered by Turkish Cypriots declared them prohibited migrants due
    to migration offenses and issued deportation orders. The women were
    subsequently assisted by the RRA and the UNHCR and permitted to seek
    asylum with the Republic of Cyprus. The cases of eight other Iraqi
    asylum seekers were still pending in the ``TRNC courts'' at year's end.
        Four asylum seekers were deported during the year despite their
    status. At year's end, 24 asylum seekers (eight Palestinians, three
    Nigerians, one Cameroonian, one Iranian, nine Iraqi, one Turkmen and
    one Bangladeshi) continued to reside in the north, working or attending
    school. At year's end, there were one Afghan and four Palestinian
    refugees present in the area administered by Turkish Cypriots.
        In September 2009 the chair of the Turkish Cypriot Human Rights
    Foundation complained through the media about systematic deportation of
    asylum seekers and refugees despite laws against such treatment in the
    Turkish Cypriot ``legislation'' and accused authorities of negligence
    and using the unrecognized status of the ``TRNC'' as an excuse for not
    abiding by international rules and practices.
    Section 3. Respect for Political Rights: The Right of Citizens to
            Change Their Government
        The ``law'' provides Turkish Cypriots the right to change their
    ``government'' peacefully, and they exercised this right in practice
    through periodic, free, and fair elections held on the basis of
    universal suffrage.

        Elections and Political Participation.--Turkish Cypriots choose a
    leader and a representative body every five years or less. The 2009
    ``parliamentary'' elections, which were free and fair, resulted in the
    formation of a single-party ``government'' of the National Unity Party
    (UBP).
        Greek Cypriots and Maronite residents were prohibited from
    participating in Turkish Cypriot ``national'' elections; they were
    eligible to vote in Greek Cypriot elections but had to travel to the
    Government-controlled area to exercise that right. Greek Cypriot and
    Maronite enclave communities in the area administered by Turkish
    Cypriots directly elected municipal officials. Turkish Cypriot
    authorities did not recognize these officials.
        Authorities did not restrict the political opposition, and
    membership or nonmembership in the dominant party did not confer formal
    advantages or disadvantages; there were widespread allegations,
    however, of societal cronyism and nepotism.
        There were four women in the 50-seat ``parliament.'' There were no
    minorities represented in the ``parliament.''
    Section 4. Official Corruption and Government Transparency
        The ``law'' provides criminal penalties for official corruption;
    however, authorities did not implement the ``law'' effectively, and
    officials sometimes engaged in corrupt practices with impunity.
    Corruption, cronyism, and lack of transparency were generally perceived
    to be serious problems in the legislative and executive branches.
        The ``government'' stated several times since April 2009 that once
    it formed a regulatory board for corruption matters, it would
    investigate corruption allegations regarding the Evkaf Foundation, the
    Electricity Authority, the ``ministries'' of finance and health, and
    the cooperative central bank. In August 2009 the ``government'' drafted
    and passed ``legislation'' to create a ``regulatory commission'' to
    investigate corruption allegations; in October 2009 the law was
    referred to the ``Constitutional Court'' by then ``president'' Talat
    and found ``unconstitutional.'' Some lawyers criticized the
    ``government'' through the media for stalling necessary investigations
    and waiting for the board to be established instead of tasking the
    ``Attorney General's Office'' to investigate corruption allegations.
        In 2008, after a lengthy trial, a public servant was sentenced to
    four years in prison for defrauding the state electricity authority in
    1998-2000. During the year, six additional public servants from the
    Electricity Authority were convicted and sentenced to various prison
    terms in the same case. Several of them appealed, and in September 2009
    the appeals court overturned the conviction of Senel Ortan, who had
    been sentenced to six years in prison.
        Also in 2008 the media reported that 116 corruption and abuse cases
    documented by the Court of the Exchequer since 1986 were still awaiting
    review by the ``parliament.''
        Opposition parties continued to claim that the ``government''
    primarily hired supporters of the ruling party for public sector jobs
    during the year. In September several newspapers received and published
    complaints from villagers in Iskele and Karpaz who accused the ruling
    UBP ``government'' of firing members or supporters of opposition
    parties from local public jobs and replacing them with UBP members and
    supporters and relatives of local UBP ``members of parliament,''
    mayors, and branch chiefs.
        The ``constitution'' provides for the right of free access to
    ``government'' information, and the ``Right of Access to Information
    Law'' provides for public access. In practice, however, civil servants
    were not allowed to provide access to ``government'' documents without
    first obtaining permission from their directors or ``minister.'' There
    were some complaints by NGO representatives about being denied access
    to ``government'' information during the year. ``Member of parliament''
    Mehmet Cakici unsuccessfully attempted to follow the steps prescribed
    by the ``law'' to gain access to information and statistics regarding
    alleged mismanagement of the public employees' retirement fund. In
    2009, he took the case to the ``Attorney General's Office,'' where it
    was pending at year's end.
    Section 5. Governmental Attitude Regarding International and
            Nongovernmental Investigation of Alleged Violations of Human
            Rights
        A number of domestic human rights groups operated in the area
    administered by Turkish Cypriots; one NGO asserted that it faced
    restrictions when investigating human rights cases. The international
    NGO Minority Rights Group International was also active in the area
    administered by Turkish Cypriots, conducting research, capacity-
    building, and implementing advocacy campaigns under an EU grant.
    Authorities' cooperation with NGOs was inconsistent.
        Many local human rights groups were concerned with improving human
    rights conditions in the area administered by Turkish Cypriots. NGOs
    included groups promoting awareness of domestic violence; women's
    rights; rights of asylum seekers, refugees, and immigrants; trafficking
    in persons; torture; and lesbian, gay, bisexual, and transgender
    persons' rights. These groups were numerous but had little impact on
    specific ``legislation.'' A few international NGOs were active in the
    area administered by Turkish Cypriots, but many were hesitant to
    operate there due to political sensitivities related to working in an
    unrecognized area.
        The UN, through the CMP, continued its efforts to account for
    persons missing after the intercommunal violence beginning in 1963-64
    and the conflict of 1974.
    Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
        The ``law'' prohibits discrimination based on race, gender,
    disability, language, or social status. Authorities generally enforced
    these prohibitions.

        Women.--The ``law'' provides no minimum sentence for individuals
    convicted of rape, including spousal rape; the maximum sentence is life
    imprisonment. The authorities and police effectively handled and
    prosecuted rape cases, including cases of spousal rape. There were no
    NGOs whose specific mission was to support rape victims.
        Violence against women, including spousal abuse, was a problem. The
    ``law'' prohibits domestic violence under a general assault/violence/
    battery clause in the criminal code. Even though allegations of
    domestic violence were usually considered a family matter and settled
    out of court, 29 domestic violence cases were tried during 2009; all of
    these were completed during the year and all resulted in various fines
    and bail but no prison sentences. During the year prosecutors brought
    nine cases of domestic violence, and all were in the trial process at
    year's end. Authorities considered a case more credible if there was at
    least one witness in addition to the victim.
        In December 2009 an academic expert complained that domestic
    violence was not defined specifically in the ``law'' and that certain
    requirements for the protection of women's rights--such as rights to
    education, rehabilitation services, and special units in police and
    health departments--were not met.
        The ``law'' does not specifically prohibit sexual harassment, but
    victims could pursue such cases under other sections of the ``law.''
    Sexual harassment was not discussed widely, and any such incidents
    largely went unreported.
        Couples and individuals were able to freely decide the number,
    spacing, and timing of their children, and had access to contraception,
    skilled attendance during childbirth, and obstetric and postpartum
    care.
        Women generally have the same legal status as men under property
    ``law,'' family ``law,'' and in the ``judicial system.'' ``Laws''
    requiring equal pay for men and women performing the same work were
    generally enforced at the white-collar level; however, women working in
    the agricultural and textile sectors were routinely paid less than
    their male counterparts. Several NGOs worked to protect women's rights
    but there was no specific ``government'' agency that had this
    responsibility.

        Children.--``Citizenship'' is derived from one's parents, and there
    is universal birth registration at the time of birth.
        Turkish Cypriot ``authorities'' continued to screen all textbooks
    sent to the Rizokarpasso Gymnasium, a Greek Cypriot school, but did not
    send textbooks deemed derogatory back to the Government-controlled
    area.
        One NGO and the media reported that child labor was a growing
    problem. According to reports, exploited children were mostly from
    mainland Turkey.
        There were some media reports of child abuse, most commonly in the
    form of sexual battery or rape. As with domestic violence, there were
    social and cultural disincentives to seek legal remedies for such
    problems, which observers believe were underreported.
        In December the NGO Social Risks Prevention Foundation established
    a 24-hour hotline for reporting child abuse.
        The ``criminal code'' penalizes sexual relations with underage
    girls. The maximum penalty for sex with a girl under the age of 13 is
    life imprisonment. The maximum penalty for sex with girls older than 13
    but younger than 16 is three years' imprisonment. There are no ``laws''
    regarding child pornography.

        Anti-Semitism.--The Jewish community was very small and composed
    primarily of nonresident businesspersons. A synagogue that opened in
    2008 in Kyrenia held services regularly. There were no reports of anti-
    Semitic acts.

        Trafficking in Persons.--For information on trafficking in persons,
    please see the State Department's annual Trafficking in Persons Report
    at www.state.gov/g/tip.

        Persons With Disabilities.--The ``law'' prohibits discrimination
    against persons with physical, sensory, intellectual, and mental
    disabilities in employment, education, access to health care, or in the
    provision of other ``state'' services, and in practice the authorities
    effectively enforced these provisions. The ``government'' employed 605
    persons with disabilities and provided financial aid to the other 3,444
    of the 4,049 known persons with disabilities in the area administered
    by Turkish Cypriots. The ``law'' does not mandate access to public
    buildings and other facilities for persons with disabilities.

        National/Racial/Ethnic Minorities.--The ``law'' prohibits
    discrimination, and the 1975 Vienna III Agreement remains the legal
    source of authority regarding the treatment of Greek Cypriots and
    Maronites; however, authorities' noncompliance with some of the
    agreement's provisions made life difficult for the 342 Greek Cypriot
    and 110 Maronite residents.
        Under the Vienna III Agreement, the UNFICYP visited the Greek
    Cypriot residents of the enclave weekly and the Maronites twice a
    month; any additional visits had to be preapproved by the authorities.
    Although the Vienna III Agreement provides for medical care by a doctor
    from the Greek Cypriot community, the authorities only permitted such
    care by registered Turkish Cypriot doctors; enclaved persons also
    traveled to the Government-controlled area for medical care.
        Greek Cypriots and Maronites were able to take possession of some
    of their properties but were unable to leave any of their properties to
    heirs residing in the Government-controlled area. A Maronite
    representative asserted that Maronites were not allowed to bequeath
    property to their heirs who do not reside in the area administered by
    Turkish Cypriots and possess ``TRNC'' identification cards. The
    authorities allowed the enclaved residents to make improvements to
    their homes and to apply for permission to build new structures on
    their properties. Maronites living in the Government-controlled area
    could use their properties only if those properties were not under the
    control of the Turkish military or allocated to Turkish Cypriots.
        A majority of foreign workers in the area administered by Turkish
    Cypriots were Turkish. One NGO reported that Turkish workers were often
    targeted by police investigations during the year. The same NGO also
    reported that many Turkish workers lived in derelict buildings in
    Nicosia, with up to 20 persons sleeping in one room. Those working in
    the agricultural and construction sectors were reportedly forced to
    sleep on the ground, and those working in restaurants were seen
    sleeping after hours on chairs in the establishments where they worked.
        During the year many Turkish women were employed as cleaners
    without being registered for social insurance. A growing number of
    families employed women from Turkmenistan and the Philippines as
    domestic workers and for child care.
        In February three sisters of Kurdish origin who were working at a
    duty-free shop at Ercan Airport were fired. The media reported that the
    young women were fired because they were Kurdish. The airport security
    manager claimed that the police did not approve the renewal of the
    women's airport identity credentials.

        Societal Abuses, Discrimination, and Acts of Violence Based on
    Sexual Orientation and Gender Identity.--Male homosexual activity is
    criminalized in the area administered by Turkish Cypriots under a
    general sodomy statute that excludes female homosexual activity. The
    maximum penalty is 14 years' imprisonment. Homosexuality remained
    highly proscribed socially and rarely discussed. Very few lesbian, gay,
    bisexual, or transgender (LGBT) persons were publicly open about their
    sexual orientation.
        In 2008 members of the LGBT community, including some NGOs, started
    a group, the Initiative Against Homophobia, aimed at legal reform and
    reducing homophobia. There were no reported impediments to its
    operation or free association, and it was officially accepted and
    registered as an association in March 2009. An informal LGBT group, the
    Short Bus Movement, organized cultural activities, such as film
    screenings. During the year neither police nor ``government''
    representatives engaged in or condoned violence against the LGBT
    community.
        While there were no recorded cases of official or societal
    discrimination based on sexual orientation in employment, housing,
    statelessness, access to education, or health care, some members of the
    LGBT community explained that an overwhelming majority of LGBT persons
    hide their sexual orientation to avoid such problems. They also
    complained that there is no specific antidiscrimination law for LGBT
    persons.

        Other Societal Violence or Discrimination.--There were no reports
    of discrimination against persons with HIV/AIDS.
    Section 7. Worker Rights

        a. The Right of Association.--All workers except members of the
    police and military forces have the legal right to form and join
    independent unions of their own choosing without prior authorization,
    and workers did so in practice. Fewer than 10 percent of private sector
    workers and more than 65 percent of semipublic and public sector
    workers belonged to labor unions. The ``law'' allows unions to conduct
    their activities without interference, and the authorities generally
    protected this right in practice.
        Although the ``law'' provides for the right to strike, employers
    have an unrestricted right to hire replacement workers in the event of
    a strike, which limited the effectiveness of this right in practice.
    The ``law'' does not permit essential service workers, namely judges
    and members of the police and armed forces, to strike. Authorities have
    the power to curtail strikes in ``essential services.''
        In June the ``government'' prohibited a strike by the
    ``parliament's'' employees union (Mec-Sen), postponing it for 60 days.
    In February the ``government'' also prohibited a strike by Cyprus
    Turkish Airlines employees, postponing it for 60 days. The strikes did
    not take place 60 days later.
        Some companies pressured workers to join unions led or approved by
    the company. Officials of independent unions claimed that the
    authorities created rival public sector unions to weaken the
    independent unions.

        b. The Right to Organize and Bargain Collectively.--The ``law''
    provides for collective bargaining, and workers exercised this right in
    practice. The 26,000 public and semipublic employees who made up
    approximately 30 percent of the work force benefited from collective
    bargaining agreements.
        The ``law'' does not prohibit antiunion discrimination, and union
    leaders claimed that private sector employers were able to discourage
    union activity because the enforcement of labor regulations was
    sporadic and penalties for antiunion practices were nominal.
        There are no special ``laws'' for or exemptions from regular labor
    ``laws'' in the export processing zone at the port of Famagusta.

        c. Prohibition of Forced or Compulsory Labor.--The authorities
    prohibited forced or compulsory labor, including by children, but there
    were reports that such practices occurred. Migrant workers in the
    construction and agricultural sectors were subjected to reduced wages
    and nonpayment of wages, beatings, and threats of deportation. One NGO
    asserted that there were cases of forced labor in the agricultural and
    domestic service sectors.
        Also, please see the State Department's annual Trafficking in
    Persons Report at www.state.gov/g/tip.

        d. Prohibition of Child Labor and Minimum Age for Employment.--The
    ``laws'' generally provide protection for children from exploitation in
    the workplace. In contrast to previous years, NGOs alleged that
    authorities did not always effectively enforce these ``laws'' and that
    children, mainly from Turkey, were being used for labor, primarily in
    the agricultural sector along with their families and in manufacturing.
        According to accounts by the Turkish Cypriot Human Rights
    Foundation, child labor in the urban informal economy was also a
    problem, albeit to a lesser extent than in the agriculture and in
    manufacturing sectors.
        The minimum age for employment in an ``industrial undertaking'' is
    15, the last year for which education is compulsory, and children may
    be employed in apprentice positions between the ages of 15 and 18 under
    a special status. Labor inspectors generally enforced the ``law''
    effectively. It was common in family-run shops for children to work
    after school, and children as young as 11 worked in orchards during
    school holidays.
        The ``Ministry of Labor'' is responsible for enforcing child labor
    ``laws'' and policies, and they were generally enforced in practice.
    The ``ministry'' held monthly inspections and kept statistics of its
    findings. In 2009 inspectors identified 425 workers without work
    permits. The authorities fined 182 employers and companies for failures
    to comply with the ``law,'' but their enforcement of the rules and
    requirements was generally perceived to be inadequate.
        In August the ``Ministry of Labor'' established a ``street support
    team'' to prevent child labor and other abuse of children. The team is
    responsible for identifying child abuse; it urged the public to report
    any such abuse.

        e. Acceptable Conditions of Work.--In December the minimum wage was
    raised to 1,300 lira ($837) per month, which did not provide a decent
    standard of living for a worker and family. Migrant workers often were
    offered substandard accommodations as part of their compensation or
    were made to pay for accommodation. The ``Ministry of Labor and Social
    Security'' is responsible for enforcing the minimum wage; however, it
    was widely reported that illegal foreign workers were generally paid
    below the minimum wage.
        In July the ``government'' changed the legal maximum workweek from
    38 hours in the winter and 36 hours in the summer to 39 hours at all
    times of the year as part of an austerity measures package. The new
    workweek went into effect in November despite trade union protests
    asserting that according to the ILO, the maximum workweek cannot exceed
    37.5 hours. Labor inspectors generally enforced these ``laws,'' except
    in the case of migrant workers, who worked irregular hours and at times
    were reportedly required by their employers to work up to 14 hours per
    day, seven days a week. The ``law'' requires overtime pay, but it was
    not uniformly enforced.
        Authorities sporadically enforced occupational safety and health
    regulations. Although factory inspectors processed complaints and
    inspected businesses to ensure that occupational safety ``laws'' were
    observed, workers who filed complaints did not receive satisfactory
    legal protection and could face dismissal. Workers did not have the
    legal right to remove themselves from situations that endangered health
    or safety without risking their continued employment.

                                   __________

                                 CZECH REPUBLIC

        The Czech Republic is a multiparty parliamentary democracy with a
    population of approximately 10.2 million. Legislative authority is
    vested in the bicameral parliament, consisting of a Chamber of Deputies
    (Poslanecka snemovna) and Senate (Senat). The president, elected every
    five years by parliament, is head of state and appoints a prime
    minister from the majority party or coalition. In 2008 the bicameral
    parliament elected Vaclav Klaus as president for a second term. The
    elections for the Chamber of Deputies on May 28-29 were considered to
    be free and fair, as were elections on October 22-23 for one-third of
    the seats in the Senate. A coalition government, consisting of three
    center-right parties--the Civic Democratic Party (ODS), the Tradition
    Responsibility Prosperity party (TOP 09), and Public Affairs (VV)--is
    led by Prime Minister Petr Necas (ODS). Security forces reported to
    civilian authorities.
        Notable human rights problems included official corruption,
    trafficking of persons for commercial sexual exploitation and labor,
    neo-Nazi and nationalist extremism directed at Roma and other
    minorities, and societal discrimination against Roma.
                            respect for human rights
    Section 1. Respect for the Integrity of the Person, Including Freedom
            From:

        a. Arbitrary or Unlawful Deprivation of Life.--There were no
    reports that the Government or its agents committed arbitrary or
    unlawful killings during the year.
        In January 2009 a Vietnamese man died in police custody in Brno.
    Police beat the man, a suspected heroin dealer, in his apartment. In
    August three police officers were convicted of abuse of power; one
    received a prison sentence of three and a half years, while the other
    two received a suspended sentence of three years and were prohibited
    from serving as public officials for five years. In December the police
    officers appealed the verdict citing new evidence.

        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 during the year that government officials employed them;
    however, coerced sterilization of women and surgical castration of male
    prisoners convicted of sexual offenses were reported in previous years.
        In 2008 the nongovernmental organization (NGO) Group of Women
    Harmed by Sterilization (WHS) reported that its field research
    uncovered two cases of coerced sterilization in 2007 and 2008. The WHS
    has reported no new cases after 2008. The alleged case in 2008 involved
    a 19-year-old Romani woman from Karvina. After a detailed joint
    investigation with the Karvina hospital, the WHS concluded that the
    woman had not been sterilized. In the 2007 case, a social worker
    allegedly warned the victim that, if she did not undergo sterilization,
    two of her children would be placed in state care. Police began
    investigating the case in August 2009. That same month the Budapest-
    based European Roma Rights Center (ERRC) provided legal representation
    for the victim. The WHS reported that the police closed the
    investigation in November 2009 after interviewing the woman, the social
    worker, representatives from WHS, and others finding no evidence of a
    crime. The woman has since formally withdrawn her accusation.
        In November the UN Committee on Elimination of Discrimination
    against Women urged the Czech Republic to adopt legislative changes to
    prevent future coercive sterilizations and to address those that have
    already occurred. Specifically the committee urged the Government to
    extend the three-year statute of limitations for bringing compensation
    claims in these cases and ensure that any time limit starts from the
    time of discovery of the consequences of the sterilization by the
    victim rather than from the time of injury. Furthermore, the committee
    recommended that the Czech Republic consider establishing an ex-gratia
    compensation procedure for victims of coercive sterilization whose
    claims have lapsed.
        In 2009 the WHS also identified 20 previously unreported cases of
    women, both Roma and non-Roma, who alleged they had been sterilized
    without informed consent, some before 1989 and others in the 1990s. The
    WHS, in cooperation with the ERRC, sent formal complaints to the
    regional health authorities on behalf of the alleged victims to
    determine whether the hospitals performed sterilizations and, if so,
    whether they occurred without informed consent. Health authorities
    rejected 17 of the complaints because the clinics in question were
    operated directly at the national level by the Ministry of Health and
    not the regional authorities or because information was lacking. Three
    other cases were still pending at year's end.
        The Ostrava Regional Court ruled in 2008 that a local hospital was
    liable for a wrongful sterilization performed on a Romani woman, Iveta
    Cervenakova, 11 years prior and recognized her right to financial
    compensation of 500,000 korunas (approximately $27,600) and an apology.
    The hospital appealed to the Olomouc High Court, which ruled in 2008
    that Cervenakova was not entitled to financial damages because the
    deadline for making such claims had passed. However, the high court
    upheld the requirement that the hospital apologize, which it did. In
    December 2009 the Supreme Court in Brno rejected Cervenakova's appeal,
    and in July she filed an appeal with the European Court of Human Rights
    (ECHR) in Strasbourg, which was pending at year's end.
        In October 2009 the Supreme Court dismissed a claim by Romani
    Helena Ferencikova, who demanded financial compensation from a hospital
    that performed an unwanted sterilization on her. In November 2009 the
    interim government officially expressed regret over unauthorized
    sterilizations of women, mostly Romani women.
        In October 2009 a delegation from the Council of Europe's Committee
    for the Prevention of Torture (CPT) visited the country to follow up on
    concerns over the Government's program of surgical castration of sex
    offenders. According to the Health Ministry, 94 sex offenders underwent
    surgical castration in the 10 years prior to April 2008. The CPT
    assessed that patients did not give free and informed consent to
    surgical castration and found the practice to be ``degrading.'' The CPT
    reported that in 50 percent of cases it reviewed, surgical castration
    was carried out on nonviolent offenders. The Government denied that
    surgical castrations are ``degrading'' and did not end the practice; it
    did, however, publish guidelines for judiciary and healthcare officials
    outlining clear and strict requirements for the castration procedure
    and ensuring informed consent of sex offenders. In its report on the
    2009 visit, the CPT discussed again concerns related to its inspection
    team members' access to medical documentation without prior patient
    agreement. Czech privacy laws prohibit the release of an individual's
    medical information without consent. The CPT called on the Government
    to end immediately the use of surgical castration for the treatment of
    sex offenders and criticized the Government for withholding medical
    records and providing inaccurate information on a number of occasions
    before, during, and after the visit.
        The CPT also criticized the context in which prisoners were offered
    the choice of castration or imprisonment, noting in its 2008-09 General
    Report that it was questionable whether consent to surgical castration
    will always be truly free and informed. Reporting on its findings
    during a separate visit to the country in 2008, the CPT noted that ``a
    situation can easily arise whereby patients or prisoners acquiesce
    rather than consent, believing that it is the only available option to
    them to avoid indefinite confinement.'' In response the Government
    stated that according to the law all patients must request the
    castration in writing and have their cases approved by an independent
    expert commission. It did not, however, address whether these laws were
    respected in practice. The Government did not consider the CPT's
    findings sufficient reason to abandon the sterilization program.

        Prison and Detention Center Conditions.--Prison and detention
    center conditions met most international standards. The Government
    permitted visits by independent human rights observers, and such visits
    occurred during the year. However, prison overcrowding remained a
    problem.
        The report by the CPT regarding its 2008-09 visit to the country
    identified several problems in Valdice Prison, which accommodated
    persons sentenced to life imprisonment as well as troublesome or
    dangerous high-security prisoners. It found that the treatment and
    conditions of detention of these prisoners continued to raise serious
    problems. These included concerns about physical and sexual abuse of
    vulnerable prisoners; failure to integrate prisoners sentenced to life
    imprisonment with the general prison population; the lack of a process
    for prisoners to appeal their placement in Section E, which holds the
    more violent criminals; and unresponsive staff. In response, the
    Government replaced a substantial part of its prison staff.
        In September the prison population was 111 percent of the intended
    capacity of the facilities. The number of prisoners has increased
    steadily since 2002. As of August there were 21,979 prisoners in the
    country's prisons, of which 1,424 were women, 16 were juveniles, and
    2,500 were pretrial detainees of both sexes. Of convicted prisoners, 61
    percent had some type of employment in the prison to earn money.
        Prisoners and detainees had reasonable access to visitors (three
    hours per week) and are permitted religious observance of their
    choosing. Authorities permitted prisoners and detainees to submit
    complaints to the Office of the Ombudsman without censorship, and the
    ombudsman investigated credible allegations of inhumane conditions in
    addition to his systematic prison control visits. In the first nine
    months of the year, the ombudsman received approximately 190 complaints
    regarding the prison service, including the high price of goods in the
    prison shop, inability to receive non-Czech cigarettes, and the use of
    shackles on prisoners considered to be extremely dangerous. In addition
    to prison visits, the ombudsman began monitoring cell conditions in
    police stations. In the first nine months, he visited 184 cells in 52
    police stations.
        The Government permitted independent monitoring of prison
    conditions by local and international human rights groups and the
    media. According to the Czech Prisons Service, there were numerous
    media visits to prisons during the year. All requests for visits were
    granted.
        The Government was in the process of building additional prison
    cells with the goal of increasing the average prison cell size from 43
    to 65 square feet per prisoner and to decrease prison overcrowding.
        The Czech Helsinki Committee also found continued prison
    overcrowding to be a problem and reported an increased number of
    complaints regarding health care in prisons. During their visits they
    found that hygienic conditions worsened in several prisons in late
    2010, and the number of tuberculosis cases increased.
        On January 1, the Government amended the criminal code to allow
    house arrest as a measure designed to alleviate to prison overcrowding.

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

        Role of the Police and Security Apparatus.--The national police are
    responsible for enforcing the law and maintaining public order. Salary
    cuts at the Ministry of the Interior following government-wide fiscal
    austerity measures resulted in a lowered rate of retention among the
    national police force, especially among experienced detectives, which
    hampered the effectiveness of their work. Corruption remained a problem
    among law enforcement bodies. The Ministry of the Interior oversees
    police actions and is responsible for investigating allegations of
    police misconduct. Observers believed that the ministry sometimes
    whitewashed wrongdoing or prematurely terminated investigations of
    units under its control.
        On October 5, the Ministry of the Interior announced the
    reorganization of the Foreigners' Police, an independent police force
    that handled all applications for and problems with long-term
    residency. Their responsibilities and some personnel will be
    distributed to regional police offices, effective January 1, 2011, in
    an effort to improve the quality of immigration and residency
    procedures. The change responded to numerous allegations made by the
    Government and NGOs of corruption and inefficiency within the
    Foreigners' Police.

        Arrest Procedures and Treatment While in Detention.--Police arrest
    persons accused of criminal acts using warrants issued by a judge. The
    accused person must be turned over to a court within 24 hours, and a
    judge must question and decide whether to hold the individual further
    within 24 hours.
        Police may arrest a person without a warrant under a number of
    circumstances: when they believe a prosecutable offense has been
    committed; when they consider it necessary to prevent further offenses
    or destruction of evidence; when they need to protect a suspect; or
    when a person refuses to obey police orders to move. Suspects arrested
    without a warrant must be informed promptly of the reason for their
    arrest, questioned, and either released within 48 hours or turned over
    to a court. If turned over to a court, a judge must decide whether to
    charge the individual within 24 hours. Only a person who has been
    charged with a crime may be held in custody.
        A defendant in a criminal case has the right to choose a lawyer or
    have one provided by the state. The court determines whether attorneys'
    fees will be partially or fully covered by the state. The law provides
    for bail except for serious crimes or to prevent witness tampering. The
    authorities respected these rights in practice.
        The Ministry of Justice, which oversees the prison system, also
    inspected prisons throughout the year. However, investigations into
    complaints by prisoners are conducted by the Ombudsman's office. NGOs,
    such as the Helsinki Commission, also monitored prison conditions.
        Lengthy pretrial detention was a problem; however, the situation
    was reportedly improving. Under the law, pretrial detention may last no
    longer than two years except for ``exceptionally grave'' offenses.
    According to prison service data for the first six months of the year,
    the average length of pretrial detention was 94 days. A suspect may
    petition investigating authorities at any time for release from
    detention.

        Amnesty.--The president granted amnesty to 69 persons for
    humanitarian reasons in 2009 and 38 in the first nine months of 2010.

        e. Denial of Fair Public Trial.--The law provides for an
    independent judiciary, and the Government generally respected judicial
    independence in practice; however, political pressure occurred in some
    instances and judicial effectiveness was hampered by complicated
    procedural rules that at times delayed judgments for years. Structural
    deficiencies and a lack of sufficient specialized judicial training
    also contributed to delays and undermined effectiveness.

        Trial Procedures.--The laws provide for the right to a fair trial,
    and the independent judiciary generally enforced this right.
        Defendants enjoy a presumption of innocence. Trials are public.
    Juries are not used. In serious cases a panel of three judges rules on
    the guilt or innocence of the defendant, while a single judge hears
    less serious cases. In trial courts (on the district level) the panel
    of judges is composed of one professional judge, who is the chair, and
    two lay judges identified from the public. Appeals and cases
    originating in regional courts have only professional judges.
    Defendants have the right to be present at trial and to consult an
    attorney; the Government provides an attorney without charge to
    defendants who cannot afford one. Defendants may confront adversarial
    witnesses and present witnesses and evidence on their own behalf.
    Defendants and their attorneys are entitled to access government-held
    evidence relevant to their cases. Convicted persons have a right of
    appeal. The law extends these rights to all persons.
        The length of trial procedures decreased, and case backlogs
    throughout the judicial system have been reduced by fully staffing
    judicial positions at the local level at the expense of regional and
    high courts.

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

        Regional Human Rights Court Decisions.--During the year the ECHR
    entered 11 judgments against the Czech Republic. The ECHR found several
    violations of the right to liberty and security, to a fair trial, to
    undisturbed use of property, and respect of family rights. During 2009
    the ECHR accepted for review 726 of 2,074 complaints against the Czech
    Republic (a comparable number to 2008). The ECHR asked the Government
    to provide further information concerning 15 complaints, and judgments
    were delivered in six cases (compared with 16 in 2008). The ECHR found
    two violations by the country of the right to liberty and security and
    one violation of the right to a fair trial.
        The Government complied with ECHR decisions; however, it only took
    limited action in the areas of compensation for forcibly sterilized
    women and inclusive education for Romani children. In November the
    European Roma Rights Center filed a complaint with the Committee of
    Ministers in Strasbourg, which is charged with overseeing
    implementation of ECHR rulings, stating that the Czech Republic failed
    to comply with European law by not integrating Romani children into
    mainstream schools.

        Civil Judicial Procedures and Remedies.--The constitution provides
    for a separate, independent judiciary in civil matters, and there is
    access to a court to bring lawsuits seeking damages for, or cessation
    of, human rights violations. Available remedies include monetary
    damages, equitable relief, and cessation of harmful conduct.
    Administrative remedies are also available.

        Property Restitution.--The law provides for restitution of
    properties confiscated under the Communist regime as well as
    restitution of, or compensation for, Jewish property wrongfully seized
    during the Nazi era. Although it was still possible to file claims for
    artwork, the claims period for other types of property has expired. Two
    claims for Jewish communal property in Brno remained before the courts
    at year's end. In 2009 the Liberec regional government refused without
    explanation to return one property in Turnov.
        Parliament failed to ratify before the May general elections the
    comprehensive compromise settlement reached in 2007 between the
    Government and the churches over restitution of properties of religious
    orders and financial compensation to churches for loss of properties.
    The legislative process now must start over. On May 25, the Government
    and the Catholic Church resolved protracted litigation over the
    ownership of St. Vitus Cathedral when the president and Archbishop Duka
    signed an agreement providing that the state is the sole owner of the
    property. The agreement provides that the church will administer the
    cathedral as the metropolitan church, while the state will secure
    necessary material assistance. Under the agreement the church dropped
    its appeal at the Constitutional Court against earlier court rulings.

        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. Independent media were active and expressed a wide
    variety of views without restriction.
        The law mandates prison sentences of six months to three years for
    persons who deny Communist-era crimes or the Nazi Holocaust. Speech
    inciting hatred based on race, religion, class, nationality, or other
    group affiliation is also illegal and carries a sentence of up to three
    years in prison.
        In June eight members of National Resistance, a neo-Nazi group,
    were indicted in Prague on charges of supporting and promoting Nazism.
    The individuals posted propaganda materials in public places and
    organized neo-Nazi events. The defendants each faced multiple counts
    with a possible total of eight years in prison if convicted. The trial
    was postponed, and two defendants, who had been held without bail since
    October 2009, were released on bail in December.
        In April 2009 parliament passed a law that criminalizes the
    publication of information obtained from police sources such as
    wiretaps. The law also criminalizes the publication of names of victims
    of serious crimes and the names of all crime victims younger than age
    18. Journalists violating the law face fines of up to five million
    korunas (approximately $276,000) and prison sentences of up to five
    years.
        In June an administrator of iDNES.cz news server filed criminal
    charges against a contributor nicknamed ``Kraxna'' for threats against
    his life and family. Kraxna had frequently cursed and threatened the
    administrator for removing racist comments from group boards. The
    administrator filed the charges after the contributor threatened to
    kill his son and mentioned the son by name, heightening concern over
    the threat. Police investigated the case and arrested Kraxna for
    committing violence against a group or individual members of a group.
    The offender confessed to the crime and promised not to commit the
    crime again in the future. As a result, Kraxna received a six-month
    suspended sentence.
        In September 2009 the Prague Municipal State Attorney's Office
    filed charges against a member of the ultranationalist, unregistered
    National Party for speech inciting hatred based on race for a televised
    election advertisement that referred to a ``final solution of the Gypsy
    question.'' In November 2009 a Prague district court handed a National
    Party representative a one-year suspended sentence and three years'
    probation for the advertisement.

        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 and did engage in the
    peaceful expression of views via the Internet, including by e-mail.
    According to International Telecommunication Union statistics for 2009,
    approximately 63.5 percent of the country's inhabitants used the
    Internet.

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

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

        Freedom of Assembly.--The law provides for freedom of assembly, and
    the Government generally respected this right in practice.
        The Government may legally restrict or prohibit gatherings,
    including marches, demonstrations, and concerts that promote hatred or
    intolerance, advocate suppressing individual rights, or jeopardize the
    safety of participants. Protesters are required to have permits for
    demonstrations, but police generally did not interfere with
    spontaneous, peaceful demonstrations.
        In August 2009 parliament amended the law on assembly to provide
    local governments additional time (three working days instead of three
    calendar days) to review demonstration applications. The Government
    distributed a handbook to local governments designed to help local
    officials accurately apply the law regarding public gatherings.

        Freedom of Association.--The constitution and law provide for
    freedom of association, and the Government generally respected this
    right in practice. The law, however, requires organizations,
    associations, foundations, and political parties to register with local
    officials or the Ministry of the Interior.
        On February 17, a Supreme Administrative Court ruling dissolved the
    far-right Workers Party (DS), which had mostly neo-Nazi membership. The
    court ruled that party's program contained xenophobia, chauvinism,
    homophobia, as well as a racist subtext. Members of the DS reorganized
    into the Workers' Social Justice Party (DSSS) and unsuccessfully ran in
    local and Senate elections, receiving less than 1 percent of the vote.

        c. Freedom of Religion.--For a complete description of religious
    freedom, please see the 2010 International Religious Freedom Report at
    www.state.gov/g/drl/irf/rpt

        d. Freedom of Movement, Internally Displaced Persons, Protection of
    Refugees, and Stateless Persons.--The constitution and law provide for
    freedom of movement within the country, foreign travel, emigration, and
    repatriation, and the Government generally respected these rights in
    practice. The Government cooperated with the Office of the UN High
    Commissioner for Refugees (UNHCR) and other humanitarian organizations
    in providing protection and assistance to internally displaced persons,
    refugees, asylum seekers, stateless persons, and other persons of
    concern.
        The constitution and law prohibit forced exile, and the Government
    did not employ this practice.
        On October 5, the minister of the interior announced the
    dissolution of the Foreigners' Police, which had handled all
    applications for and problems with long-term residency and transfer of
    those responsibilities to the ministry's Department of Asylum and
    Migration Policy (see section 1.d.).

        Protection of Refugees.--The law provides for the granting of
    asylum or refugee status and the Government has established a system
    for providing protection to refugees. Temporary protection for
    individuals who may not qualify as refugees is available based on EU
    laws. However, no such protection has yet been granted.
        Because the law defines ``safe countries of origin'' from which
    applicants are unlikely to be granted refugee status, the Ministry of
    the Interior no longer receives asylum applications from ``safe''
    countries. ``Safe country of transit'' laws do apply to asylum seekers
    who transit through Canada, the United States, or Switzerland. The
    applications of these individuals can be denied. However, each case is
    reviewed individually.
        In practice the Government generally provided protection against
    the expulsion or return of refugees to countries where their lives or
    freedom would be threatened on account of their race, religion,
    nationality, membership in a particular social group, or political
    opinion.
        The Ministry of the Interior makes the initial determination on
    granting international protection. Applicants whose cases are denied
    may appeal to a single-judge regional court. Appeals of regional court
    decisions are reviewed by a five-judge panel composed of judges serving
    on the Supreme Administrative Court. The five-judge panel first
    determines if the case presents new problems or if the regional court
    made a grave error. If so, the panel reviews the substance of the
    claim.
        The law provides that the Government must conduct asylum hearings
    in a language comprehensible to applicants or provide them with an
    interpreter.
        The Ministry of the Interior requires medical proof of
    homosexuality from individuals seeking asylum for reasons of fear of
    persecution in their home country due to their sexual orientation. The
    Ministry of Health, which oversees the process, conducts a
    ``phallometric test'' on these asylum seekers. Asylees are connected to
    a machine that monitors blood flow to sexual organs while viewing
    heterosexual pornographic images. If the machine detects a response to
    the images, the Ministry of the Interior denies the application for
    asylum. The European Union Fundamental Rights Agency has criticized the
    use of the test as a violation of the European Convention on Human
    Rights. The Ministry of the Interior contended that the test has been
    conducted in fewer than 10 cases and with the full written consent of
    the individual.
        The law allows the Government to detain asylum applicants who
    attempt to enter the country via an international airport for up to 120
    days. This provision particularly affected applicants lacking identity
    documents.
        Refugees are considered to have equal legal status with permanent
    residents and may work without restrictions. In addition, refugees are
    entitled to special integration assistance based on the State
    Integration Program, which provides access to Czech language courses,
    assistance with employment, and access to accommodations. Access to the
    public health care system is automatic once refugee status is granted.
    The children of refugees are subject to the laws regulating the
    education of minors residing in the country. Asylum applicants must
    wait one year in order to work without restrictions.
        According to Ministry of the Interior statistics, there were 626
    asylum claims submitted in the first eight months of the year. Almost
    half of the requests (47.2 percent) were repeat submissions from asylum
    seekers whose applications were previously rejected by the relevant
    authorities. The ministry granted refugee status to 62 asylum seekers
    and granted subsidiary protection, de facto refugee status for those
    who do not qualify for asylum, to 54 persons.
        In April 2009 a resettlement agreement between the Government and
    the UNHCR formalizing the country's resettlement program went into
    effect. A pilot resettlement program was established in 2008. In 2009
    the first group of 19 Burmese refugees was brought from Malaysia to the
    country. The Government resettled an additional 39 Burmese refugees
    during the year. Due to financial constraints, plans for continued
    participation in the resettlement program have been postponed
    indefinitely.
    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 May 28-29, the country
    held elections for seats in the Chamber of Deputies, the lower chamber
    of parliament. The center-right Civic Democratic Party (ODS) formed a
    coalition with two new parties, the right-of-center Tradition
    Responsibility Prosperity Party (TOP 09) and centrist Public Affairs
    (VV). On October 22-23, elections were held for one-third of the seats
    in the Senate and for municipal governments. Both elections were
    considered free and fair.
        Individuals and parties freely declared their candidacies and stood
    for election, and political parties operated without restriction or
    outside interference.
        There were 44 women in the 200-seat Chamber of Deputies, including
    the speaker and two of three deputy speakers, and 15 women in the 81-
    seat Senate. There were no women in the 15-member cabinet and five
    women on the 15-member Constitutional Court. One of the country's 13
    regional governors was a woman.
        One justice on the Constitutional Court was an ethnic Slovak. Few
    of the country's estimated 200,000 Roma were integrated into political
    life. No Roma were members of parliament, had cabinet portfolios, or
    sat on the Supreme Court. Some Roma were appointed to national and
    regional advisory councils dealing with Romani affairs. Four Roma
    served in leadership roles in the Commission for Human Rights and
    National Minorities, which the new government downgraded from ministry
    status.
    Section 4. Official Corruption and Government Transparency
        The law provides criminal penalties for official corruption;
    however, the Government did not always implement the law effectively,
    and officials sometimes engaged in corrupt practices with impunity.
    According to World Bank governance indicators, corruption was a problem
    in the country.
        Corruption in public procurement was a major problem. Political
    pressure; insufficient or ineffective legislation requiring disclosure
    of origin of assets, regulating public procurement, and lobbying;
    ineffective police investigative tools; and a limited number of
    experienced investigators at regional levels contributed to the
    infrequent prosecution of high-level corruption. According to the
    police anticorruption unit, a major barrier was the lack of an adequate
    government witness process through which immunity from prosecution
    could be offered to persons willing to testify against coconspirators.
    Also, a lack of a specialized prosecutorial body limited effective
    prosecution of complex corruption cases. The current system requires
    multiple parts of a case to be handled by various responsible bodies.
    This often created obstacles in linking all existing evidence collected
    by law enforcement bodies. Although public figures must disclose the
    state of their finances each year, disclosure of the origin of
    financial assets is voluntary.
        Law enforcement agencies are responsible for combating government
    and private corruption. The police anticorruption unit investigated
    corruption allegations concerning high-level officials and major
    regional and local cases. It also investigated some private individuals
    and companies accused of corruption. Other regular police units
    investigated lower-level cases. According to the Ministry of the
    Interior, police conducted 86 bribery investigations in 2010, handed
    over 37 cases of bribery for prosecution, twice as many as in 2009, and
    investigated 57 public officials for abuse of authority. In the first
    half of the year, records of the Ministry of Justice indicated that
    courts convicted 35 public officials of crimes relating to abuse of
    power, of which two were sentenced to prison, 24 were released on
    probation, and eight received fines. Of the 43 public officials
    convicted of bribery-related offenses (19 for receiving a bribe and 25
    for offering a bribe), six were sentenced to prison, 27 were released
    on probation, and nine received fines. As of October 1, the
    anticorruption unit investigated 66 cases of public corruption, one of
    which involved a judge. Eight investigations were completed and handed
    over to the courts. The trials did not begin by year's end. In 2009 the
    police anticorruption unit investigated six cases involving judges, of
    whom two were cleared for lack of evidence; the remaining four were
    under prosecution at the regional prosecutors' office in Prague.
        In October 2009 the Government eliminated the anticorruption unit
    of the military police and redistributed the unit's responsibilities to
    other offices. The Government cited budgetary reasons for the cuts, but
    allegations persisted that the unit was disbanded because it was
    successfully fighting military corruption. The police anticorruption
    unit stated that it continued to work well with military police
    anticorruption officials, despite the disbanding of the military
    anticorruption unit.
        The press continued to report allegations of corruption.
        In February allegations appeared in the press based on
    conversations recorded in a cafe by journalists posing as businessmen
    that government officials and political parties had received kickbacks
    during the negotiation of contracts sometime between 2004 and 2008 for
    the purchase of Pandur military vehicles manufactured by the Austrian
    company Steyr. Then prime minister Jan Fischer called for an
    investigation, and a joint Czech-Austrian investigation was pending at
    year's end.
        On September 1, Mlada Fronta Daily (MFD), a national newspaper,
    printed a transcript of conversations between then deputy defense
    minister Jaroslav Kopriva and lobbyists. The tapes indicated that they
    were negotiating a no-bid contract for hundreds of millions of korunas
    for mortars. During two conversations, the deputy minister and the
    lobbyists detailed what they allegedly knew about how similar corrupt
    procurements occurred in the past and described how it was possible to
    launder money. The minister of defense immediately fired Kopriva and
    created a subcommittee to investigate all procurements in the ministry.
    The results were pending at year's end. Police were also investigating
    the case.
        In November MFD printed allegations by a U.S. businessman and
    former ambassador to the Czech Republic that in February 2008 then
    deputy defense minister Martin Bartak solicited a multimillion-dollar
    bribe. The former ambassador stated that the minister requested the
    bribe in exchange for assistance in resolving a dispute involving the
    former ambassador's company and one of its key suppliers. Bartak was
    placed on administrative leave from his duties pending the results of
    an investigation.
        On December 14, MFD published allegations by Libor Michalek, chief
    of the State Environmental Fund, that he was asked by Martin Knetig, an
    advisor to the minister of environmental affairs, to manipulate a
    public tender to provide funds for his party, the Civic Democrats, as
    well as to finance the political career of Minister Pavel Drobil.
    Michalek recorded the conversations, including one with the minister,
    in which he allegedly offered Michalek a senior position in the
    ministry in exchange for destroying the taped conversations.
    Immediately after the publication of the story, Minister Drobil fired
    Knettig and Michalek. Minister Drobil tendered his own resignation
    shortly afterwards. The police are investigating the allegations.
        In September 2009 MFD reported that one of their journalists posed
    with a hidden camera as a casino owner and purportedly offered one
    million korunas (approximately $55,200) to several members of major
    political parties in exchange for opposing a proposal to introduce a
    new fee on gambling machines. Three politicians accepted the offer but
    did not receive any money. After a police investigation, it was
    determined that no crime had been committed, and the case was closed.
    One of the politicians remains in parliament.
        On September 7, a Brno court sentenced former mayor Ales Kvapil and
    lobbyist Radovan Novotny to seven years in prison for seeking a four
    million koruna ($220,000) bribe from a developer to allow a building
    project to go forward. The key evidence in the case was the developer's
    secret taping of his meetings with the convicted individuals.
        On September 17, police announced two corruption investigations in
    Kolin and Znojmo. Anticorruption police in Znojmo were investigating
    the mayor and deputy mayor for manipulation of public tenders. The
    Kolin deputy mayor was recorded demanding a one million koruna
    (approximately $55,000) bribe for providing land to a businessman at a
    reduced price.
        In October 2009 the media reported that the law school at the
    University of Western Bohemia in Plzen awarded numerous degrees in
    recent years to persons who did not earn them, including politicians,
    law faculty, police officers, customs agents, other state officials,
    and family members of mafia figures. The head of the country's
    accreditation commission, Vladimira Dvorakova, alleged that organized
    crime established the system with the goal of controlling these
    officials once in office. The report led to the firing of several
    school administrators. After a year of investigations, 200 diplomas
    were found to be suspicious.
        An investigation by the United Kingdom's Serious Fraud Office into
    overseas bribery allegations against BAE Systems, including allegations
    that the British-Swedish aerospace joint venture BAE Systems/Saab
    bribed several members of the Czech parliament and ministry officials
    in 2002 to gain their approval for a multi-million dollar contract to
    lease jet fighters, concluded with a fine to BAE Systems/Saab. The
    suspended Czech investigation has been reopened and continued at year's
    end.
        Several ministries have anticorruption hotlines for citizens to
    report allegations. The Ministry of the Interior's anticorruption
    hotline, administered by the country branch of the NGO Transparency
    International (TI), received 4,653 calls in the first six months of the
    year. TI registered 400 new clients (i.e. callers who ask for advice or
    guidance) and identified 290 corruption complaints, 67 concerning the
    judiciary, 41 concerning police, 79 concerning property rights and
    construction permits, and 43 concerning public procurement. Almost one-
    third of the complaints (122) concerned municipal officials.
        Credible allegations of corruption persisted throughout the
    judiciary, as did allegations of high-level political interference in
    sensitive public corruption cases. In the first nine months of 2009,
    the Justice Ministry received 18 calls on its anticorruption hotline,
    120 e-mail complaints, and 572 written complaints. Of this total, 10
    communications alleged corruption on the part of judges, and three
    alleged corruption on the part of prosecutors. One case concerning a
    judge was submitted to the police for investigation.
        There were a number of court cases involving judicial misconduct
    during the year. On April 6, Jiri Berka, a bankruptcy judge in the town
    Usti nad Labem, was found guilty of criminal conspiracy for his part in
    a bankruptcy fraud scheme involving 11 other individuals. He and eight
    other defendants were each sentenced to nine years' imprisonment. An
    appeal was pending at year's end.
        On September 7, the Prague High Court stripped Supreme Court deputy
    chair Pavel Kucera of his judgeship, the harshest possible
    administrative penalty, for influencing the investigation into
    corruption allegations surrounding former deputy prime minister Jiri
    Cunek. The court found that Kucera had violated his duties as judge and
    undermined trust in the judiciary. Kucera appealed the verdict. In
    November the minister of justice suspended him from serving as an
    active judge, and Kucera resigned the following day, effectively
    closing the disciplinary proceedings against him.
        The law provides for public access to government information, and
    the Government usually provided such access in practice to citizens and
    noncitizens, including foreign media. NGOs reported an increasing
    number of denials over the past two years, especially at the local
    level and on the use of public finances. Applicants whose requests are
    denied have 15 days to appeal. They may also appeal if authorities
    exceed the time limit for processing a request.
        According to the Government, several cases involving public access
    to information from local governments reached the courts during 2009.
    Courts were reportedly receptive to the requests for information by
    plaintiffs. In one case, the Regional Court in Usti nad Labem held that
    the regional governor's office must cover expenses for refusing to
    provide information to the NGO Children of the Earth about the office's
    rising budget. In another case, the Supreme Administrative Court held
    that the Czech energy company CEZ is a public institution that must
    provide information upon request.
    Section 5. Governmental Attitude Regarding International and
            Nongovernmental Investigation of Alleged Violations of Human
            Rights
        A number of domestic and international human rights groups
    generally operated without government restriction, investigating and
    publishing their findings on human rights cases. Government officials
    often were cooperative and responsive to their views.
        After the May 10 death of ombudsman Otakar Motejl, the office was
    vacant for several months due to the parliament's failure to agree on a
    replacement. On September 7, the parliament elected Pavel Varvarovsky,
    a former constitutional judge, to the position. Representatives from
    the Office of the Ombudsman made regular visits to government
    facilities, examining the treatment of individuals and monitoring
    respect for fundamental rights. They issued quarterly and annual
    reports on the office's activities in addition to reports on topics of
    special concern. The office operated without government or party
    interference, had adequate resources, and was considered effective. In
    the first nine months of the year, the ombudsman received 4,320
    complaints. In 2009 the ombudsman received 7,321 complaints, 53 percent
    of which fell within his mandate; 5,433 calls were made to the
    information hotline requesting simple advice. The ombudsman opened 702
    inquiries in 2009.
        In July the Government decided to return the Ministry of Human
    Rights to the level of a commission, decreasing its authority. The body
    had been elevated to a ministry in 2007. On September 15, the cabinet
    voted to dismiss former minister Michal Kocab from the position of
    commissioner. Although the Government stated at the time that a
    replacement would be named within a week, the position remained vacant
    at year's end. NGOs criticized the decision to make the ministry a
    commission and the failure to name a permanent commissioner, claiming
    these indicated a lack of government concern over human rights issues.
    Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
        The law prohibits discrimination based on gender, age, disability,
    race, ethnic origin, nationality, sexual orientation, religious faith,
    or personal belief. However, the Government did not effectively enforce
    these provisions, and significant societal discrimination against Roma
    and women persisted. Trafficking in persons also remained a problem.
        In June 2009 parliament overrode the president's 2008 veto of
    antidiscrimination legislation and adopted a comprehensive
    antidiscrimination act that harmonized the country's law with EU
    requirements.

        Women.--The law prohibits rape, including spousal rape, and the
    Government effectively enforced these provisions in practice. The law
    provides penalties of two to 15 years in prison. Although experts
    considered rape to be underreported, they noted an upward trend in the
    number of rape convictions since 2001. They attributed this trend to
    improved police training, public awareness campaigns, and greater
    interaction between police and NGOs. In the first eight months of the
    year, 432 rapes were reported, 250 of which were investigated. In the
    first six months of the year, courts convicted 92 offenders, giving
    prison sentences to 54 offenders and suspended sentences to 35
    individuals.
        On January 1, an amendment to the penal code criminalizing stalking
    went into effect. Offenders convicted of stalking can be sentenced to
    up to three years in prison. The law broadens the criminal offenses
    under which law enforcement may arrest and prosecute perpetrators of
    domestic violence. In connection with implementation of the new law,
    the Ministry of the Interior provided training to counselors, social
    workers, and law enforcement officials who work with these persons.
        Experts believed that violence against women was more widespread
    than suggested by the number of cases reported to authorities due to
    the stigma associated with reporting such abuses.
        Domestic violence is punishable by up to three years in prison with
    longer sentences under aggravated circumstances. In 2008 police
    obtained authority to remove violent abusers from their homes for 10
    days. In the first eight months of the year, NGO Bily Kruh Bezpeci
    reported that 723 offenders, including women, were removed from the
    home. In 2009 a total of 778 offenders were removed.
        In the first eight months of the year, interior ministry statistics
    indicated that 407 cases of domestic violence were reported, and police
    investigated 295 cases. In the first six months of the year,
    authorities prosecuted 220 cases of domestic violence. Justice ministry
    statistics indicated that, in the first six months of the year, 141
    individuals were convicted of domestic violence: 28 individuals were
    sentenced to prison, and 113 were given suspended sentences. Alcohol
    played a major role in many domestic violence cases, along with drugs,
    work-related stress, and gambling. The NGO Bily Kruh Bezpeci reported
    that, in the first eight months of the year, 638 children witnessed
    acts of domestic violence. In 2009, 911 children reportedly witnessed
    such acts.
        Police continued to train personnel selected to handle domestic
    violence cases and to work with social service agencies. However, due
    to high turnover, many personnel lack practical experience in dealing
    with these problems. Several hotlines and crisis centers offered
    psychological counseling to victims of rape and domestic abuse. In the
    first eight months of the year, for example, the Dona hotline received
    3,140 calls related to domestic violence compared with 4,090 calls in
    2009.
        Sex tourism in border areas and major urban areas declined due to
    the economic slowdown and a crackdown by local governments. The
    Ministry of the Interior also noted a general decline in demand for
    commercial sexual services in 2009 and the first eight months of the
    year, especially in the regions bordering Germany and Austria. Cities
    in the interior also made progress reducing sex tourism. Prague, Brno,
    Plzen, and other cities adopted by-laws prohibiting prostitution in
    public places. The number of erotic nightclubs decreased, and many were
    reportedly on the brink of closure.
        The law prohibits sexual harassment; however, the Government did
    not effectively enforce it, and sexual harassment remained a problem.
    Czech law, in compliance with the EU, places the burden of proof on the
    defendant. Those convicted can be fined up to 70,000 korunas
    (approximately $3,860), dismissed from work, or sentenced to prison.
    According to a study conducted by the Gender and Sociology Section of
    the Czech Academy of Sciences in February 2009, 25 percent of female
    respondents experienced sexual harassment at work.
        Couples and individuals generally had the right to decide freely
    and responsibly the number, spacing, and timing of their children and
    had the information and means to do so without discrimination,
    coercion, or violence. Involuntary sterilization of Romani women was a
    problem in past years but not reported this year; in 2007 and 2008,
    there were reports that doctors had coerced two Romani women to be
    sterilized (see section 1.c.).
        Access to contraception was widespread, and the prevailing practice
    was to have skilled attendance at childbirth, including obstetric and
    postpartum care. Estimates compiled by international organizations
    indicated that there were approximately 8 maternal deaths per 100,000
    live births in the country in 2008. According to NGOs, women and men
    were equally diagnosed and treated for sexually transmitted diseases,
    including HIV.
        The law grants men and women equal rights, including in family and
    property law matters. According to Eurostat data for the second quarter
    of the year, the employment rate of women was 56.1 percent, and women
    constituted 42.7 percent of the workforce. Women's salaries for similar
    work lagged behind men's by just over 26 percent, and women were more
    likely to work in professions with lower median salaries than those
    chosen by men. It was unclear whether the salary gap was the result of
    discrimination against women, lack of access to proper professional
    training and preparation, or a possible preference among women for more
    flexible, family-friendly jobs. The Council for Equal Opportunities for
    Men and Women monitored gender issues and advised the Government on
    enforcing equal gender rights.

        Children.--Citizenship is derived from one's parents.
        While the Government provided free, compulsory education through
    age 15, Romani children were often subject to discriminatory treatment.
    Romani children were enrolled at disproportionately high rates in
    remedial school systems, known as ``practical'' schools, which
    effectively segregated them into a substandard education. According to
    the Ministry of Education, approximately 27 percent of Romani children
    attended ``practical'' schools during the year, compared with 2 percent
    of non-Romani children. During the year 7,800 students attended
    practical schools, two-thirds of whom were Romani. In regular schools
    Romani children were often segregated from the majority population due
    both to their place of residence (often in a Romani-majority
    neighborhood) and because school officials in regular schools at times
    separated Romani children for remedial instruction. The Government
    continued to address discrimination in the education of children during
    the year. However, the decision to place a child in a practical school
    is made by a judge based on a social worker's recommendation. Judges
    are obliged to follow legal criteria in determining that a student be
    placed outside the regular education system. The Ministry of Education
    introduced recommended changes to the placement system to reduce the
    number of children placed in ``practical'' schools; these
    recommendations were not legally binding, however. In November
    following a country visit, Council of Europe's Commissioner for Human
    Rights Thomas Hammarberg stated, ``There has been virtually no change
    on the ground in the Czech Republic since the European Court of Human
    Rights found three years ago that the country had discriminated against
    Roma children by educating them in schools for children with mental
    disabilities.''
        In 2009 the Ministry of Education finalized two studies, one on
    education opportunities of children from excluded communities and the
    other analyzing teachers' individual approaches to students with
    special educational needs. Both studies pointed to unequal educational
    opportunities for Romani children. Approximately 65 percent of Romani
    children from ``practical'' schools enrolled in vocational high
    schools, many of which did not have final examinations in their
    curricula, and only 0.93 percent enrolled in regular high schools.
    Since the examinations offered at the completion of regular high school
    are required in order to enter a university, the large majority of
    Romani students who were in vocational schools without final
    examinations were effectively precluded from a university education. In
    2009 the Ministry of Education created a new Department for Equal
    Opportunities in Education and in March 2010 approved the Plan for
    Inclusive Education to address these problems. However, in October the
    new minister of education halted all work on the plan. Two employees of
    the ministry charged with implementing changes to ``practical'' schools
    resigned due to reservations over the new direction taken by the
    ministry. The minister of education stated that he would present new
    decrees for the inclusion of Romani students in February 2011.
        Local governments offered free preschool education to children who
    may be unprepared to enter or perform well in the school system for
    social or economic reasons. In order to increase school attendance,
    some local governments linked school attendance by children with
    welfare payments to parents. Other localities funded teaching
    assistants in basic schools who worked closely with families to ensure
    regular attendance, often going to homes before school to collect
    students.
        Although the law permits Romani curricula, no elementary school in
    the country used the curricula. The Romani language was taught as a
    foreign language at two secondary schools and several universities.
        While the law prohibits family violence, sexual abuse, and other
    forms of mistreatment of minors, child abuse remained a problem. As of
    January 1, a minor is defined as any child under the age of 18.
    According to an ongoing 15-year study conducted by sexologists at the
    medical school of Charles University in Prague, 10 percent of children
    in the country have experienced sexual abuse; 7 percent were sexually
    abused at least once, while 3 percent were sexually abused repeatedly.
        Under the lead of the Ministry for Human Rights (since downgraded
    to a commission), the Government in 2008 adopted a 10-year national
    strategy for preventing violence against children. The document
    identified several priorities, including adopting a policy of zero
    tolerance for violence against children, support for preventive
    measures, further education for experts, and increasing the
    accessibility of services for endangered children. In April 2009 the
    ministry led a conference on promoting children's rights during the
    country's EU presidency. A second conference in June 2009 focused on
    child violence, injury prevention, and child mental health promotion.
        In May 2009 the Government introduced the National Coordination
    Mechanism for Locating Missing Children. The project combined existing
    tools to locate quickly missing children. Since its inception, the
    project recorded a 95 percent success rate in locating missing children
    through close cooperation between mobile telephone operators, the
    media, and the public.
        According to a report by the Ministry of Labor and Social Affairs
    in 2009, as many as 22,000 children were living in institutions,
    including over 8,000 placed in care pursuant to a court decision.
    Efforts to provide care to children were hampered by a lack of
    coordination among agencies and across regions. In 2009 the Government
    implemented a three-year national action plan for the care of foster
    children to provide preventive care to families and thereby reduce
    institutionalization.
        The 2010 penal code introduces protections of children in
    accordance with the Convention on the Rights of the Child. Prison
    sentences for those found guilty of child abuse were increased up to 12
    years or 18 years in case of the death of a child. The Ministries of
    the Interior and Justice have implemented use of special interviewing
    rooms for child victims and witnesses. A child victim is not required
    to give additional testimony in any future court proceedings when
    specially trained police follow the special interview requirements
    (presence of psychologists, and, in some cases, judges and defense
    attorneys).
        Although some members of the Romani community married before
    reaching the legal age of 18, underage marriage was not a significant
    problem.
        Some children were engaged in prostitution for survival without
    apparent third-party involvement. NGOs reported that many teenagers in
    prostitution were runaways or products of orphanages and the foster
    care system. NGOs working with high-risk children attributed the
    problem largely to deficiencies in the foster care system, which often
    failed to provide adequate job skills and promote the adoption of
    unwanted children by capable parents. According to Ministry of the
    Interior statistics, police investigated 30 cases of commercial sexual
    exploitation of children in the first six months of the year, compared
    with 46 cases in all of 2009.
        The minimum age of consensual sex is 15. Sexual relations with a
    child younger than age 15 is punishable by a prison term up to eight
    years or, in the case of the death of the child, up to 18 years. The
    law prohibits the possession, manufacture, and distribution of child
    pornography, which is punishable by imprisonment for up to eight years.
        In October 2009 police broke up the largest network of distributors
    of child pornography in the country's history. The distributors
    operated in Prague and parts of southern and northern Moravia. Of the
    160 suspects involved, 32 were detained. One-quarter of the suspects
    were women. In November 2009 three civilian employees of the Ministry
    of Defense were detained. The operation involved approximately 1,000
    police throughout the country. More than 300 computers containing
    pictures and videos with child pornography were confiscated. The
    perpetrators ranged in age from 20 to 80. At year's end the
    investigation was ongoing, with additional arrests possible.
        In the first six months of the year, the Ministry of Justice
    reported that seven persons were convicted for production or other
    handling of child pornography. One person received a prison sentence
    and six received suspended sentences.
        The country is a party to the 1980 Hague Convention on the Civil
    Aspects of International Child Abduction. For information on
    international parental child abduction, please see the Department of
    State's annual report on compliance at http://travel.state.gov/
    abduction/resources/congressreport/congressreport--4308.html.

        Anti-Semitism.--Although estimates varied, the country's Jewish
    population was believed to be approximately 10,000. Public expressions
    of anti-Semitism were rare, but small, fairly well organized
    ultranationalist groups with anti-Semitic views were active around the
    country. The Ministry of the Interior continued to counter such groups,
    monitoring their activities, increasing cooperation with police from
    neighboring countries, and shutting down unauthorized rallies. In 2009
    according to the Ministry of Interior, police recorded 48 criminal
    offenses with an anti-Semitic motive, representing an increase of 78
    percent over 2008. The Federation of Jewish Communities reported 28
    anti-Semitic incidents, none of which was an attack on a person.
    Attacks included damage to property and spray painting of anti-Semitic
    remarks and Nazi symbols.
        Several groups advocating violence against Jews and other
    minorities were active. The number of rallies and demonstrations of
    extreme-right groups declined during the year.
        In January 2009 vandals damaged the monument to Holocaust victims
    in Teplice. Police investigated the case but closed it for lack of
    evidence. However, Teplice municipal officials, local police, and
    representatives of the local Jewish community introduced quarterly
    meetings to monitor and evaluate the overall situation.
        In November 2009 the Ministry of Defense discharged, without
    severance pay or pension, two military officers, based on reports that
    they had worn symbols of German SS units on their helmets while serving
    in Afghanistan. Their immediate supervisors retired.

        Trafficking in Persons.--For information on trafficking in persons,
    please see the Department of State's annual Trafficking in Persons
    Report at www.state.gov/g/tip.

        Persons With Disabilities.--The law prohibits discrimination
    against persons with disabilities in employment, education, access to
    health care, and the provision of other state services, and the
    Government generally enforced these provisions. However, persons with
    disabilities faced a shortage of public accommodations and were
    unemployed at disproportionately high rates.
        The ombudsman is required to make regular visits to all
    governmental and private workplaces of persons with physical
    restrictions to examine conditions, ensure that fundamental rights are
    respected, and advocate for improved protection against mistreatment.
    His office made these visits throughout the year.
        In 2009 through its program to aid persons with disabilities,
    Mobility for All, the Government provided 112.5 million korunas
    (approximately $6.25 million) to cosponsor 56 projects in towns and
    cities throughout the country, building barrier-free sidewalks,
    crossings, crossroads, and handicapped elevators in government
    institutions; purchasing barrier-free buses; and providing barrier-free
    access to government institutions, schools, libraries, galleries, and
    museums.
        Approximately 60 percent of Prague's metro stations were accessible
    to persons with disabilities, and most buses and new tramcars were
    configured to accommodate them. However, of 15 major metro stations in
    the city center, only five were barrier free. There were 294 barrier-
    free high schools in the country as well as 50 barrier-free
    institutions of higher learning, including universities.
        In prior years, media reports and the UN Human Rights Council
    sharply criticized the use in several social care homes of ``cage
    beds'' for young persons with severe mental and physical disabilities.
    During unannounced visits in 2009 to 25 psychiatric institutions, the
    ombudsman found that restraint beds were used in most geriatric
    psychiatric units. He found that net beds, enclosed areas, and
    sedatives administered without a physician present were often used to
    restrict patients' freedom of movement. In his report the ombudsman
    cited the lack of personnel as a major cause for the use of these beds.

        National/Racial/Ethnic Minorities.--Minority groups in the country
    included Roma, Ukrainians, Slovaks, Vietnamese, Poles, Russians, and
    Germans. Roma faced high levels of poverty, unemployment, and
    illiteracy as well as varying levels of discrimination in education,
    employment, and housing.
        Societal prejudice against the country's Romani population
    occasionally manifested itself in violence. Members and sympathizers of
    neo-Nazi organizations were the most frequent perpetrators of acts of
    interethnic violence, particularly against Roma. Ultranationalists were
    also active. During the year neo-Nazi and skinhead rallies or marches
    took place in several cities. Although the organizations operated
    separately, both the Workers Party and the National Party periodically
    announced they would be ``patrolling'' Romani neighborhoods or
    gatherings to ensure that no laws were being broken.
        On March 14, a Molotov cocktail was thrown into a bedroom of a
    Romani home in the settlement of Bedriska. A 14-year-old girl was
    asleep in the room at the time. The cocktail failed to explode upon
    impact, resulting in no injuries and little damage to the home. Local
    police arrested a neighbor and her minor son on charges of attempted
    murder. Although police determined that the attack was not racially
    motivated, activists said it could not be ruled out. On December 10,
    the regional court in Ostrava sentenced the boy to a three-year
    suspended sentence for attempted reckless endangerment and his mother
    to an 18-month suspended sentence for not stopping her son from
    throwing the cocktail.
        On May 12, the regional court in Ostrava opened the trial against
    Jaromir Lukes, David Vaculik, Ivo Mueller, and Vaclav Cojocaru, who
    were accused of throwing Molotov cocktails into the home of a Romani
    family in the town of Vitkov in April 2009. Three persons, including a
    two-year-old girl who was treated for second- and third-degree burns
    over 80 percent of her body, were injured in the resulting fire. On
    October 20, the court found all four guilty of attempted murder and
    property damage. The judge found the crime to involve extraordinary
    circumstances that allowed for more stringent sentencing. Vaculik,
    Mueller, and Lukes received 22-year sentence, and Cojocaru received a
    20-year sentence. These are the longest sentences ever handed down for
    a racially motivated crime. The four were also required to pay seven
    million korunas ($389,000) for the child's medical expenses and a
    further 10.072 million korunas ($560,000) to the child and her family
    for pain and suffering. The convicted persons immediately appealed. The
    appeals court will hear the case in 2011.
        On November 27, Pavel Louda, mayor of Novy Bydzov, posted a
    statement on the city's official Web site declaring a ``war on
    gypsies.'' In the statement he collectively blamed all Roma for rapes
    and thefts in the town and declared that the citizens wanted the Roma
    to ``disappear.'' He threatened to undertake repressive measures in
    order to bring the Roma under control. The prime minister and other
    government officials released statements condemning the mayor's
    actions. Neo-Nazi groups immediately began Internet discussions on ways
    to exploit the situation and how to organize ``Janov 2,'' a reference
    to the violent patrols of neo-Nazi groups culminating in a violent
    clash with police in Janov in 2008. They officially offered to send
    ``monitoring teams'' to patrol the city. At the close of the year, no
    patrols had been conducted.
        In December police opened an investigation of a young Czech man for
    promoting Nazism on Facebook. The man placed photos, video, music, and
    personal opinions supporting Nazi and neo-Nazi actions.
        In May 2009 unknown persons attempted an arson attack against a
    Romani home in the village of Zdiby. No one in the home was injured.
    Police investigated the case but have made no arrests.
        Police arrested a number of right-wing extremists during 2009. In
    October 2009 UOOZ, the police Unit for Combating Organized Crime,
    arrested 24 individuals and charged 18 with supporting and promoting
    movements aimed at suppressing the rights and freedoms of the
    individual. Police president Oldrich Martinu stated that several of
    those arrested were linked to the neo-Nazi organization White Justice
    and had been trained by Lukas Sedlacek, a member of the Czech military.
    The Ministry of Defense discharged Sedlacek from the military without
    severance pay or pension. Other arrestees were linked to the National
    Resistance, the Workers Party, and the Resistance Women Unity group. In
    June the district court of Benesov found 11 of the defendants guilty,
    sentencing two individuals to 30 months' imprisonment, one individual
    to two years' imprisonment, two teenagers to one year in a juvenile
    detention center, and the others to a 30-month suspended sentence.
        In 2008 an estimated 1,000 police officers used force to prevent an
    estimated 500 well armed, right-wing rioters in Litvinov from attacking
    Roma. Approximately 300 Romani men who gathered to defend their
    community were also involved in the melee. In January 2009 the state
    prosecutor dropped rioting and assault charges against 15 protesters.
    The only persons convicted in the confrontation were two Roma sentenced
    to 400 hours of community service for physically and verbally
    assaulting members of the Workers Party. As a direct result of the
    incident, the Government stepped up the police presence in Romani
    neighborhoods, including increasing the police presence in Janov, the
    Litvinov Romani neighborhood, from 21 to 31 officers.
        During the year eight men stood trial for a series of attacks on
    Roma in 2008 in Sumbark, a neighborhood in Havirov with a large Romani
    population. Some of the alleged attackers were described as members of
    the group Thugs Havirov and one as a member of the group National
    Resistance. One attack victim was severely beaten. On December 17, the
    regional court in Ostrava found the defendants guilty; sentencing was
    deferred until the sentence for one of the defendants in an unrelated
    assault case was processed.
        In its 2009 annual report on hate crimes, the Organization for
    Security and Co-operation in Europe (OSCE) reported that 188 persons
    were prosecuted and 103 persons were sentenced for crimes motivated by
    racial or similar hatred.
        Over the previous two years, police focused greater attention on
    combating promoters of extremism. The Security Information Service
    (BIS), the country's civilian domestic intelligence agency, reported at
    the start of May that right-wing extremist activity decreased in the
    country during the first six months of the year. BIS stated that
    developments involving neo-Nazis were particularly influenced by police
    raids in 2009 against members of extremist parties and the prohibition
    of the Workers' Party. The service believed that extremist groups were
    less unified than in the past.
        The Government completed construction work on a memorial for Romani
    victims of the Holocaust near the site of a World War II concentration
    camp for Roma in Lety. A new information center about the Romani
    Holocaust is also complete. In 2009 the Government allocated 21.5
    million korunas (approximately $1.2 million) for the memorial and
    purchased property from three nearby municipalities. Because the actual
    site of the concentration camp is currently a pig farm, Romani
    Holocaust survivors and activists rejected the Government's plan and
    insisted that the pig farm be removed. The Government rejected
    acquiring the pig farm as prohibitively expensive.
        The law prohibits employment discrimination based on ethnicity;
    however, Roma continued to face discrimination in employment. Some
    employers refused to hire Roma and requested that local labor offices
    not send them Romani applicants. According to a 2008 joint study by the
    Government and the World Bank, 55.8 percent of Roma of working age did
    not participate in the labor market (neither employed nor actively
    seeking employment), 5.2 percent were unemployed, and 12.2 percent did
    not have a job but reported income during the survey period.
        Roma faced widespread discrimination in access to housing and other
    accommodations. While housing discrimination based on ethnicity is
    prohibited by law, NGOs stated that some municipalities still applied
    municipal regulations in a way that discriminated against certain
    socially disadvantaged groups, primarily Roma, including basing housing
    decisions on the reputation of the applicant and family at previous
    residences.
        A 2006 Ministry of Labor and Social Affairs study found that more
    than 330 ``excluded'' localities or ghettos in the country were almost
    exclusively inhabited by Roma. Some ghettos consisted only of several
    houses on the outskirts of towns and some were just individual houses
    in towns and cities. The study estimated the combined population in
    these ghettos at 80,000, or more than one-third of the country's Romani
    population. The study found that the ghettos were blighted by
    substandard housing and poor health conditions. The author of the
    study, Ivan Gabal of the Gabal Analysis & Consulting research firm,
    believed the size of the ghettos was continuing to grow. Beyond housing
    discrimination, reasons for the growth in Romani-dominated ghettos
    included unaffordable rents elsewhere and urban gentrification.
        Restaurants, bars, and other public places at times refused to
    serve Roma.
        The Government continued implementing a long-term integration plan
    for Roma coordinated by the Agency for Social Inclusion in Roma
    Localities. The agency was created in 2008 to synchronize and evaluate
    social integration efforts by ministries and municipalities. One of the
    most successful programs was Usvit, piloted in 2009 in the town of Most
    and the socially excluded area of Chanov. The Ministry of the Interior,
    the local government, the police force, and NGOs in the town of Most
    and neighborhood of Chanov collaborated to provide improved housing,
    train Romani mentors to ensure that Romani offenders complete probation
    to avoid incarceration, hire police assistants to prevent crime,
    provide inclusion training to teachers, offer debt education training
    to young girls, and ensure media coverage of successful Roma. The
    program was expanded to seven additional excluded areas and encompassed
    28 ongoing projects.

        Societal Abuses, Discrimination, and Acts of Violence Based on
    Sexual Orientation and Gender Identity.--Lesbian, gay, bisexual, and
    transgender (LGBT) organizations operated freely in the country.
        On June 26, gay rights advocates held the third annual gay pride
    march in Brno. Members of the National Resistance protested the event
    but were kept away from the marchers by police. In June 2009 when the
    parade was held in Tabor, members of the Workers Party attempted to
    disrupt the march, but a police anticonflict team mostly separated them
    from marchers.
        The Government did not keep statistics regarding incidents of
    violence directed at individuals based on their sexual orientation or
    gender identity. A report by a government working group on issues
    involving sexual minorities indicated that physical and verbal attacks
    occurred, although they often were not reported.
        There were some reported cases of discrimination against persons
    based on sexual orientation. A gay registered partner of a parent may
    not adopt the partner's child, although a LGBT person not in a
    registered partnership may adopt.

        Other Societal Violence or Discrimination.--As of June 2009 the
    country required citizens of certain countries who request long-term
    resident status to provide a medical record proving they are not HIV
    positive.
    Section 7. Worker Rights

        a. The Right of Association.--The law protects workers' right to
    form and join unions of their choice without authorization or excessive
    requirements, and workers, including foreign and migrant workers,
    generally exercised this right in practice. Although the law applies
    equally to Czech and foreign workers, the latter generally did not join
    unions due to the short-term nature of their work or the lack of social
    interaction with Czech employees. An estimated 10 percent of the
    workforce was unionized, a decrease of approximately 7 percent from
    2009, according to the Czech-Moravian Confederation of Trade Unions
    (CMKOS), a national umbrella organization. Approximately 90 percent of
    nonagricultural union members were affiliated with CMKOS. Agricultural
    workers made up 2.9 percent of the workforce; 42 percent of
    agricultural workers were members of the Trade Union of Agricultural
    Workers.
        The law allows unions to conduct their activities without
    interference. While regulations entitle union members to conduct some
    union activities during work hours, the amount of time to which workers
    are entitled is not specified, leaving room for wide interpretation on
    the part of employers. CMKOS reported cases in which employers did not
    allow union members sufficient paid time to fulfill union
    responsibilities.
        Workers generally have the legal right to strike if mediation
    efforts fail. However, unionized workers in certain professions may not
    strike. These professions include judges, prosecutors, police, and
    members of the military and other security forces. The law limits the
    right to strike for workers involved in health care, nuclear energy,
    oil and gas pipelines, air traffic control, firefighting, and
    telecommunications. Workers in these sectors do, however, have access
    to mediation. The law requires unions to provide employers, in writing,
    with the total number of strikers and a list of the members of the
    strike committee or contact persons for negotiation purposes at least
    three days before a strike.

        b. The Right to Organize and Bargain Collectively.--The law
    provides for collective bargaining, which generally was carried out by
    unions and employers on a company level. The scope for collective
    bargaining was more limited for civil servants, whose wages are
    regulated by law. Under the law trade unions are the only bodies that
    may legally represent workers, including nonmembers of trade unions.
    During the year trade unions affiliated with CMKOS negotiated
    collective agreements that covered 25 to 30 percent of the workforce.
        The law prohibits antiunion discrimination; nonetheless, CMKOS
    reported that in 2008 and 2009 some employers pressured workers to give
    up their trade union activities by threatening either to fire them or
    to reduce their wages. In 2008 a leading hotel group, CPI Hotels,
    indicated to all members and officers of the CMKOS-affiliated Trade
    Union of Catering, Hotel, and Tourism Workers (OSPHCR) that employment
    at the newly acquired Cernigov Hotel in Hradec Kralove would be
    conditional on their leaving the union. The local OSPHCR organization
    subsequently terminated its activities in March 2009. The OSPHCR
    reported that, as of September 2010, the Cernigov Hotel trade union
    chapter had not been reconstituted. During 2009 individual members of
    the OSPHCR working at Gomel Hotel in Ceske Budejovice, the other hotel
    recently acquired by CPI Hotels, reportedly also yielded to pressure to
    either terminate their union membership or their employment. The union
    has not filed a formal complaint against CPI. The OSPHCR reported that
    some employees of another hotel owned by the CPI chain, the Clarion
    Congress Hotel in Prague, expressed general interest in organizing a
    trade union chapter.
        According to CMKOS, the number of violations of labor law and trade
    union rules increased during the year. CMKOS attributed the increase to
    the impact of the global economic downturn. However, union and nonunion
    employees were often not willing to file formal complaints or to
    testify against their employers due to fears of job loss, reduced
    wages, or degraded labor conditions. CMKOS-affiliated trade unions did
    not report many of the violations to CMKOS. Only eight of 32 unions
    responded to the questionnaire on antiunion discrimination distributed
    by CMKOS, and some of these requested to remain anonymous in all
    reporting. The questionnaire did find examples of violations including
    administrative obstacles to the collective bargaining process,
    unauthorized unilateral changes in wages, and threats to terminate
    union activities or face 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 or compulsory labor; however, there were reports that men and
    women, including migrant workers, were subject to conditions of forced
    labor in the country. For more information, see the Department of
    State's annual Trafficking in Persons Report at http://www.state.gov/g/
    tip.
        In June two men were found guilty of trafficking for the purpose of
    labor exploitation by the regional court in Usti nad Labem. It was the
    first successfully prosecuted case of forced labor in the country. The
    men operated a temporary employment agency, which was hired to provide
    seasonal workers for a meat factory and asparagus farm. The factory and
    farm paid the employment agency for their services. However, the agency
    did not pay the Romanian workers any salary and used coercion and
    threats to force them to work without pay. Although the prosecutor won
    the case, she appealed the sentencing as too lenient. According to
    several NGO sources, the Government, in an effort to address the high
    unemployment of third country nationals, developed a plan to employ
    foreign workers at the Government-owned forestry company Lesy CR. A
    temporary employment agency was hired to provide workers from this
    target group. Reportedly the company signed contracts, written only in
    Czech, with approximately 500 Vietnamese. Unbeknownst to the workers,
    the contract stated that the first three months of employment
    constituted a ``training period,'' during which the ``trainees'' would
    not be paid. At the end of the initial three months, the agency fired
    the ``trainees'' and hired a new group of workers using the same
    contracts. Lesy CR remained unaware of the exploitation as the foreign
    workers feared if they complained they would be subject to deportation.
    Eventually word spread throughout the Vietnamese community, and the
    temporary employment agency began recruiting Mongolians. The agency
    reportedly exploited almost 2,000 workers before Lesy CR and government
    officials became aware of the situation. Government officials have not
    charged the owners of the agency with any criminal violations. Each
    worker signed a valid contract, and it is legal to provide unpaid
    training to prospective employees. NGOs, however, were working with the
    OSCE to find legal redress for the exploited workers.In 2008 the
    Government established an interministerial group to coordinate
    government efforts against trafficking and forced labor.

        d. Prohibition of Child Labor and Minimum Age for Employment.--The
    Government effectively enforced laws and policies to protect children
    from exploitation in the workplace. The minimum legal working age is
    15. Employment conditions for children ages 15 to 18 were subject to
    strict safety standards. Children may obtain a permit from the Labor
    Office to work up to 12 months in artistic, cultural, sports, or
    advertising activities, subject to the conditions that the work must be
    age appropriate, safe, and compatible with full-time school attendance.
    The work cannot hinder the child's development. Such activities cannot
    take place between 10:00 p.m. and 6:00 a.m. The State Bureau for Labor
    Inspections (SBLI) effectively enforced these regulations in practice.
    Infringement of child labor rules is subject to fines of up to two
    million korunas (approximately $110,000). During the year the SBLI did
    not report any cases of child labor law violations involving children
    less than 15 years old. With respect to children ages 15 to 18, the
    SBLI reported 14 cases of administrative violations of child labor law
    during the year. However, no fines were imposed due to the minor nature
    of the offenses.

        e. Acceptable Conditions of Work.--The Ministry of Labor and Social
    Affairs establishes and enforces minimum wage standards. During the
    year the national minimum wage was 8,000 korunas (approximately $420)
    per month and provided a decent standard of living for a worker and
    family when combined with social benefits for low-paid workers. The
    last update to the minimum wage occurred in 2007. The minimum wage is
    enforced by the SBLI and was one of the main targets of SBLI
    inspections.
        The law provides for a 40-hour workweek, two days of rest, and a
    break of at least 30 minutes during the standard eight-hour workday.
    Employers may require up to eight hours per week of overtime when work
    needs demand but may not require more than 150 hours of overtime in a
    calendar year. Additional overtime is subject to the consent of the
    employee. Premium pay for overtime, equal to at least 125 percent of
    the average earnings, is governed by the provisions of the labor code.
        During the year SBLI inspectors conducted 5,472 labor code
    enforcement checks. The SBLI imposed fines totaling 23 million korunas
    (approximately $1.2 million) for substantial violations of the labor
    code involving contracts, wages, overtime pay, and rest periods.
        According to the International Organization for Migration, the
    standard conditions of work were not always observed in situations
    involving migrant workers. Low-qualified foreign workers coming from
    less developed countries were sometimes dependent on temporary
    employment agencies to find and retain work. According to trade unions
    and NGOs, migrants sometimes worked under substandard conditions and
    were subject to inhumane treatment by these agencies. Most commonly,
    salaries were paid to the agencies, which then garnished wages,
    resulting in workers receiving subminimum wages, working overtime
    without proper compensation, or working without any compensation at
    all. Since migrant workers seldom filed formal complaints of such
    abuses, authorities had few tools with which to intervene. The SBLI
    undertook regular inspections and dealt with accusations of labor
    infringements. During the year the SBLI inspected 89 work agencies
    employing migrant workers. According to the SBLI, the inspections
    revealed inconsistencies in work agreements, denials of salary bonus
    payments, and inconsistencies involving working hours and overtime.
    Although the SBLI did not establish any cases of systematic
    discrimination based on citizenship, gender, age, or health status,
    labor law violations were most frequently reported in cases where equal
    labor and wage conditions differed for permanent staff and temporary
    workers hired by agencies.
        In accordance with the labor code, an employer is obliged to
    provide safety and health protection in the workplace, maintain a safe
    and healthy work environment, and prevent health and safety risks. The
    SBLI effectively enforced health and safety standards. During the year
    12,012 checks focused on health and safety standards and occurred
    primarily (but not exclusively) in the construction industry and in the
    manufacturing, transport, agricultural, and forestry sectors. The
    inspections occurred both proactively and reactively during the year.
    Fines in excess of 20 million korunas (approximately $1.1 million) were
    imposed for cases of substantial infringement of the law. Workers have
    the right to refuse work endangering their life or health without
    risking the loss of their employment, and they exercised this right in
    practice. Workers have both the right and obligation to strengthen the
    efforts for protecting safety and health in the workplace by complying
    with health and safety standards. The number of registered injuries in
    the workplace decreased 9 percent from 2009, while the number of fatal
    accidents increased by 3 percent over 2009.

                                   __________

                                    DENMARK

        Denmark, with a population of approximately 5.5 million, is a
    constitutional monarchy with democratic parliamentary rule. Queen
    Margrethe II is head of state. A prime minister, usually the leader of
    the majority party or coalition, is head of government and presides
    over the cabinet, which is accountable to the unicameral Folketing
    (parliament). The minority, center-right coalition government led by
    the Liberal Party (Venstre) won a plurality of seats in the 2007
    elections, which were deemed free and fair. Security forces reported to
    civilian authorities.
        Authorities often held pretrial detainees together with convicted
    criminals, and there were instances in which they held children
    together with adults. During the year there were three cases of persons
    imprisoned for public speech or dissemination of statements that courts
    found constituted racism, while two similar cases were pending at
    year's end. Incidents of religious and ethnic discrimination against
    minority groups continued to be reported, and Romani rights advocates
    criticized the deportation of 37 Roma in July and August as
    discriminatory. Domestic violence against women and trafficking in
    women and children continued to be reported.
                            respect for human rights
    Section 1. Respect for the Integrity of the Person, Including Freedom
            From:

        a. Arbitrary or Unlawful Deprivation of Life.--The Government or
    its agents did not commit any politically motivated killings; however,
    on April 24, police shot and killed an individual during an attempted
    robbery. A preliminary investigation indicated that the killing was
    neither arbitrary nor unlawful.
        On June 13, the Office of the National Prosecutor reopened a
    November 2009 case in which police shot and killed a man who was armed
    with a knife.

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

        c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
    Punishment.--The law prohibits such practices, and there were no
    reports that government officials employed them.

        Prison and Detention Center Conditions.--Prison conditions
    generally met international standards, and the Government permitted
    monitoring visits by independent human rights observers, such as the
    Institute for Human Rights and Rehabilitation, in accordance with the
    UN's Optional Protocol to the Convention against Torture. Such visits
    occurred during the year. However, authorities often held pretrial
    detainees together with convicted criminals, and there were instances
    in which authorities detained children together with adults. A law
    passed in June reduced to 14 years the age at which authorities could
    place children in police custody.
        According to government statistics, 14,244 new inmates entered
    prisons in 2009 (the most recent year for which statistics were
    available), of whom 1,199 were women and 783 were juveniles. On
    average, 3,715 prisoners (including 179 women and 24 juveniles) were
    incarcerated on a given day during 2009, which represented
    approximately 92 percent of the total prison capacity of 4,019 persons.
        Prisoners have access to visitors and religious counsel. They may
    adjust their work schedules to permit observance of their religion.
    Prisoners are able to make complaints without censorship directly to
    the Prison and Probation Service or via the parliamentary ombudsman.
    The investigations of these complaints are kept in a public register.
        The Government monitored prison and detention center conditions.
    The parliamentary ombudsman is responsible for inspecting these
    institutions. The ombudsman can serve on behalf of prisoners and
    detainees to consider such matters as advocating for alternatives to
    incarceration for nonviolent offenders to alleviate overcrowding;
    addressing the status and circumstances of confinement of juvenile
    offenders; and improving pretrial detention, bail, and recordkeeping
    procedures to ensure that prisoners do not serve beyond the maximum
    sentence for the charged offense. The ombudsman may not change a
    decision by the Danish Prison and Probation Service but may act on
    behalf of the prisoner to request reconsideration of a case. During the
    year there were no known credible complaints to the ombudsman regarding
    human rights violations or inhuman conditions at the state's prisons.

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

        Role of the Police and Security Apparatus.--Civilian authorities
    maintained effective control over the national police, and the
    Government has effective mechanisms to investigate and punish abuse and
    corruption. There were no reports of impunity involving the security
    forces during the year.

        Arrest Procedures and Treatment While in Detention.--The law allows
    police to begin investigations and make arrests either on their own
    initiative based upon visual evidence, or based on a court order
    following an indictment filed by public prosecutors with the courts.
    Apprehended persons are brought before an independent judiciary.
        If authorities take an individual into custody, the law mandates
    that he or she be brought before a judge within 24 hours; however,
    police are required by law to make every effort to limit this time to
    less than 12 hours. Statistics were not available regarding the average
    time prisoners were held prior to first appearance before a judge.
    After coming before a judge, individuals may be detained for a further
    period of up to 72 hours while the judge makes a decision on their
    status. A foreigner arrested in connection with immigration proceedings
    (i.e., deportation) may be held up to 72 hours before the initial
    appearance before a judge. Authorities generally respected the right to
    a prompt judicial determination and informed detainees quickly of
    charges against them.
        The country does not have a bail system; rather, a judge decides
    either to release the detainee on his or her recognizance or to keep
    the detainee in jail until trial. Pretrial detention is authorized only
    if: the violation could incur a sentence longer than 18 months, there
    is reason to believe the person is a flight risk, there is reason to
    believe the person may intend to commit a new offense, or the person's
    release would impede the investigation of the case. The period of
    pretrial custody should not exceed four weeks. However, a court order
    may further extend custody in four-week increments. According to the
    Office of the Director of Public Prosecutions and the Ministry of
    Justice, 89.4 percent of detainees served less than three months in
    pretrial custody in 2008.
        The minister of justice is responsible for the rules regarding the
    treatment of pretrial detainees. A document circulated to police by the
    Danish Prison and Probation Service outlines detainees' rights to
    inform next of kin of their arrest, to contact a lawyer, and to have
    access to medical treatment. The circular specifies that arrested
    persons always have the right to unsupervised visits with an attorney
    from the time they are brought to a police station. The Government
    provided counsel for those who could not afford legal representation.
    The police may deny other forms of visitation to those in custody,
    subject to a court appeal. However, police generally did not restrict
    visitor access in practice.

        e. Denial of Fair Public Trial.--The constitution provides for an
    independent judiciary, and the Government generally respected judicial
    independence in practice.

        Trial Procedures.--The constitution and law provide for the right
    to a fair trial, and an independent judiciary generally enforced this
    right. Defendants are presumed innocent until proven guilty. Trials are
    public. Juries must hear criminal cases in which the maximum penalty is
    greater than four years' imprisonment. The law gives defendants the
    right to timely consultation with an attorney, at public expense if
    needed. Defendants have the right to question witnesses against them
    and to present their own witnesses. Defendants and their attorneys have
    access to government evidence relevant to their cases. The right of
    appeal is automatic and encompasses both procedural matters and
    sentences imposed. The law provides that courts may increase criminal
    sentences through additional charges when bias is proved as a motive.
    Bias can be based on race, ethnicity, gender, sexual orientation, or
    religion. The law extends the above rights to all citizens.

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

        Regional Human Rights Court Decisions.--The country is subject to
    legal decisions of the European Court for Human Rights (ECHR). The ECHR
    did not issue any negative decisions related to the country during the
    year. In 2009 the ECHR issued decisions against the country that found
    three violations with respect to the length of legal proceedings, two
    violations of the right to an effective remedy, and one violation of
    the right to protection of property as provided under the European
    Convention on Human Rights. The Government generally complied with the
    ECHR's judgments against it, for example by providing compensation to
    claimants.

        Civil Judicial Procedures and Remedies.--There is an independent
    and impartial judiciary in civil matters, including access to the court
    system to bring lawsuits seeking damages for, or cessation of, a human
    rights violation. There were no reported problems enforcing domestic
    court orders. In addition to judicial remedies, administrative remedies
    are also available.

        f. Arbitrary Interference With Privacy, Family, Home, or
    Correspondence.--The constitution and law prohibit such actions, and
    the Government generally respected these prohibitions in practice.
    Section 2. Respect for Civil Liberties, Including:

        a. Freedom of Speech and Press.--The constitution provides for
    freedom of speech and of the press, and the Government generally
    respected these rights in practice. An independent press, an effective
    judiciary, and a functioning democratic political system combined to
    ensure freedom of speech and of the press. Individuals were able to
    criticize the Government publicly and privately without reprisal. The
    independent media were active and expressed a wide variety of views
    with few restrictions.
        The law prohibits any public speech or dissemination of statements
    or other pronouncements by which a group of persons is threatened,
    derided, or degraded because of their race, skin color, national or
    ethnic background, faith, or sexual orientation; offenders may be fined
    or imprisoned for up to two years. The law also prohibits ``blasphemy''
    and provides that a person who publicly mocks or insults a legally
    existing religious community's tenets of faith or worship may be fined
    or imprisoned for up to four months. During the year, in addition to
    prosecuting racially motivated crimes (see section 6), courts found
    five individuals guilty of racism under the criminal code section which
    makes racist behavior, including speech, directly punishable by law.
    Three defendants served sentences ranging between 10 to 40 days in
    prison, one was fined 1,000 kroner ($178), and one was put on
    probation. Courts acquitted two other defendants tried during the year
    under the same section of law.
        In June parliament voted to lift the parliamentary immunity of
    Jesper Langballe, a member of the Danish People's Party, so he could be
    prosecuted for racism. A newspaper column in January quoted Langballe
    as saying that ``Muslims kill their daughters [over crimes of honor]
    and turn a blind eye while they are raped by their uncles.'' Langballe
    himself supported the lifting of his immunity, asserting that he wanted
    a court to hear the case. Langballe was writing in support of the views
    of Lars Hedegaard, a freedom-of-the-press activist who made even
    stronger remarks in 2009. A court fined Langballe 5,000 kronor ($890)
    on December 3, after he pled guilty. Langballe argued that the law as
    written made it impossible for a defendant to prove his innocence, and
    as a member of parliament he attempted unsuccessfully to have the law
    repealed. In August the public prosecutor charged Hedegaard with a
    similar offense. The Hedegaard case was pending trial as of year's end.
        Cartoonist Kurt Westergaard continued to receive security
    protection due to threats on his life because of his controversial
    cartoon depictions of the Prophet Mohammed, first published in 2005. On
    January 1, authorities arrested a 28-year-old Somali man with a Danish
    residence permit after, armed with an axe and a knife, he forced his
    way into Westergaard's home in Aarhus. Police responded to the home
    invasion, shot the intruder in the knee and the hand, and arrested him;
    he was charged with attempted murder of the cartoonist and of a police
    officer on duty. The Security and Intelligence Service (PET) considered
    the attempted killing of Westergaard to be terrorism related. According
    to PET's information, the arrested man had close relations to the
    Somali terror organization al-Shabaab and to al-Qaida leaders in East
    Africa.
        On August 31, after a five-year investigation into Roj-TV, a
    television network licensed in the country, for suspected links to the
    Kurdish terrorist organization PKK/Kongra Gel, authorities charged the
    network and its parent company with promoting the activities of a group
    that commits or intends to commit acts of terrorism. The director of
    public prosecutions stated that Roj-TV persistently broadcast
    television programs with a content aimed at promoting and supporting
    the activities of the PKK. The trial was scheduled to begin in August
    2011. In December the Eastern High Court upheld a lower-court ruling
    ordering police to unfreeze the station's bank accounts and return
    funds seized at the time of the August indictment.

        Internet Freedom.--There were no government restrictions on access
    to the Internet or reports that the Government monitored e-mail or
    Internet chat rooms. Individuals and groups could engage in the
    peaceful expression of views via the Internet, including by e-mail.
    However, authorities continued to employ an Internet filter, designed
    to block child pornography, which operates on computers used by 98
    percent of the country's Internet users. During the year there were no
    known cases in which the filter mistakenly affected legitimate sites.
    Government statistics released in November indicated that approximately
    88 percent of the country's inhabitants use the Internet regularly, and
    89 percent of the population had some form of Internet access in their
    homes.

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

        b. Freedom of Peaceful Assembly and Association.--The constitution
    provides for freedom of assembly and association, and the Government
    generally respected these rights in practice. During the year, 262
    individuals sued the Copenhagen police force, alleging mistreatment
    during and after their detention in December 2009 in connection with
    the UN Climate Change Conference in Copenhagen. The Copenhagen City
    Court ruled in favor of the plaintiffs and ordered the police to pay
    compensation.

        c. Freedom of Religion.--For a complete description of religious
    freedom, see the 2010 International Religious Freedom Report at
    www.state.gov/g/drl//irf/rpt

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

        Protection of Refugees.--The law provides for the granting of
    asylum or refugee status, 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 on account
    of their race, religion, nationality, membership in a particular social
    group, or political opinion. During the first two quarters of the year,
    authorities received 2,223 applications for asylum, began processing
    1,316, and approved 929.
        In May 2009 the Government concluded an agreement with the Iraqi
    government under which Iraq would take back those of its citizens who
    had been denied asylum based on safe country of origin. In April the
    Ministry of Immigration and Integration Affairs reported that 272
    rejected Iraqi asylum seekers had been in the country at the time of
    the agreement, 88 of whom were still awaiting deportation.
        The Government also provided temporary humanitarian protection to
    individuals who may not qualify as refugees, providing such protection
    to 274 persons in the first five months of the year and to 413 persons
    in 2009.
    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.
        The territories of Greenland and the Faroe Islands have
    democratically elected governments whose powers may encompass all
    matters except the constitution, nationality, the Supreme Court,
    foreign and national security affairs, and monetary matters.
    Greenlanders and Faroese have the same rights as other citizens. Each
    territory elects two representatives to the parliament. In June 2009
    Greenland's new Self Governance Agreement, which further expanded the
    area of competency of Greenland's government, entered into force.

        Elections and Political Participation.--Free and fair parliamentary
    elections took place in 2007 and resulted in the continuation of a
    center-right coalition. In April 2009 Lars Loekke Rasmussen was named
    prime minister, replacing Anders Fogh Rasmussen (no relation), who
    resigned to become secretary general of NATO.
        Political parties could operate without restriction or outside
    interference.
        In parliamentary elections in 2007, 67 women were elected to the
    179-seat parliament, and after a cabinet reshuffle in February, there
    were nine women in the 19-seat cabinet. Following municipal and
    regional elections in November 2009, 32.1 percent of the members of
    municipal councils and 35.1 percent of the members of regional councils
    were women.
        Four citizens of other than Danish, Greenlandic, or Faroese origin
    were elected to the parliament in the 2007 elections. There were no
    ethnic minorities in the 19-seat cabinet. There were 65 persons of non-
    Danish ethnic origin among those elected to municipal councils in the
    November 2009 municipal elections.
    Section 4. Official Corruption and Government Transparency
        The law provides criminal penalties for corruption by officials,
    and the Government generally implemented the law effectively. There
    were isolated reports of government corruption during the year. One
    involved an accusation that a police chief on the island of Funen had
    regularly accepted free VIP tickets to a local event center since 2007,
    allegedly in exchange for assurances that police would give permission
    for performances to be held at the center.
        Public officials are not subject to financial disclosure laws, but
    government officials may not work on cases in which they have a
    personal or economic interest or represent a person, or have close
    relations to a person, who has a special interest in a specific matter.
    Officials must inform their superiors of any possible issues that might
    disqualify them. The Ministry of Justice and the State Employer's
    Authority in the Ministry of Finance are responsible for combating
    government corruption.
        The law provides for public access to government information, and
    the Government granted access to citizens and noncitizens, including
    foreign media.
    Section 5. 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.
        A parliamentary ombudsman investigated complaints regarding
    national and local public authorities and any decisions they made
    regarding the treatment of citizens and their cases. The ombudsman
    could independently inspect, at his initiative, any facility within his
    authority, such as prisons, detention centers, and psychiatric
    hospitals. There was also a European ombudsman, who ensured compliance
    with EU basic rights, and a consumers' ombudsman, who investigated
    complaints related to discriminatory marketing. These ombudsmen enjoyed
    the Government's cooperation, operated without government or political
    interference, had adequate resources, and was considered effective.
    Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
        The constitution and law prohibit discrimination based on race,
    gender, disability, language, or social status, and the Government
    generally enforced the law effectively. However, there were incidents
    of violence against women, child abuse, and trafficking in persons.

        Women.--Rape, including spousal rape, is a criminal offense, and
    the Government effectively prosecuted persons accused of such crimes.
    In 2009 authorities received 431 reports of rape; charges were brought
    in 297 cases, resulting in 51 convictions. As of October 25, there were
    301 reports of rape. Penalties for rape include up to eight years'
    imprisonment or up to 12 years' imprisonment in aggravating
    circumstances.
        Violence against women, including spousal abuse, remained a
    problem. According to the Ministry for Gender Equality, an estimated
    28,000 women and 21,000 children experienced domestic violence
    annually. The National Organization of Shelters for Battered Women
    reported that in 2009, 36 crisis centers in Denmark proper (excluding
    Greenland and the Faroe Islands) received 14,821 applications for
    assistance. Of these, 7,430 were inquiries about available rooms at a
    shelter; in 2,991 cases, shelter space was available. Authorities
    estimated that 1,858 women moved into shelters in 2009. Under the law,
    any assault on another person is illegal. This also applies to domestic
    violence and rape. Penalties include imprisonment for up to 12 years,
    depending on the seriousness of the offense. The Government and
    nongovernmental organizations (NGOs) operated 24-hour hotlines,
    counseling centers, and shelters for female victims of violence and
    embarked on nationwide information campaigns and police training on
    gender-based violence.
        Honor killings were a relatively new phenomenon. In 2007 the
    national police force formally published a strategy to identify and
    combat such crimes. In 2009 police reported 185 separate cases
    involving honor-related crimes such as forced marriage and threats.
    They did not officially identify any honor-related killings during the
    year.
        The law prohibits sexual harassment and provides for monetary
    compensation for victims, paid by the perpetrator and/or the employer
    who allowed or failed to prevent the incident. The Government
    effectively enforced the law. Few cases were reported during the year.
        The Government recognized the basic right of couples and
    individuals to decide freely and responsibly the number, spacing, and
    timing of their children and to have the information and means to do so
    free from discrimination, coercion, and violence. Health clinics and
    local health NGOs were permitted to operate freely in disseminating
    information on family planning under the guidance of the Ministry of
    Public Health. There were no restrictions on access to contraceptives,
    and the Government provided free childbirth services. Women have
    unfettered access to maternal health services including skilled
    attendance during childbirth. Women also used nurses and midwives for
    prenatal and postnatal care unless the mother or child suffered more
    serious health complications. The maternal mortality rate is low, with
    only one known case during the year. According to a 2008 estimate of
    the UN Population Fund, maternal mortality was five deaths per 100,000
    live births. Men and women had equal access to diagnosis and treatment
    for sexually transmitted infections, including HIV.
        Women have the same legal status as men, including under family
    law, property law, and in the judicial system. The law requires equal
    pay for equal work. However, the Women's Council in Denmark reported
    that men, on average, earn as much as 18 percent more per hour than
    women. In the public sector, the difference was reported to be 20
    percent. Women held positions of authority throughout society, although
    they were notably underrepresented in senior business positions and as
    university professors.
        In January the Office of the Prime Minister instructed that all
    public-sector workplaces ``must be made aware of existing rules so that
    burqas and niqabs are not worn in central government, regional, or
    municipal work places'' because the Government ``is determined to fight
    the views about . . . women which the burqa and the niqab symbolize.''
        In August 2009 the UN Committee on the Elimination of
    Discrimination against Women released a report indicating that women
    occupied 13 percent of the management positions in the labor market.
    The report noted that aside from the difference in pay, women generally
    did not experience economic discrimination in access to employment,
    credit, or owning or managing businesses.

        Children.--Citizenship is primarily derived from one's parents.
    Citizenship is automatically given to children of married parents,
    provided one parent is a citizen, and to children of unwed citizen
    mothers. The child of an unmarried citizen father and a foreign mother
    can only become a citizen if the child is born in the country. Anyone
    born in the country who would otherwise be stateless has the right to
    obtain citizenship either at birth or by application at a later date.
    The law requires that all persons practicing medicine in the country
    register the births of the children they deliver.
        During the first half of the year, police received 85 reports of
    the sexual abuse of children, compared with 131 reports for 2009.
        Female genital mutilation (FGM)--with or without consent of the
    victim or her parents--is illegal and carries a maximum penalty of six
    to 10 years in prison. The law applies to nationals and residents,
    regardless of whether the act was committed within the country or
    abroad and regardless of whether the act was a criminal offense under
    the law of the country where it was committed. The first case of FGM to
    be prosecuted in the country was tried in 2009. A court convicted a 49-
    year-old woman of Eritrean background of performing FGM on her two
    daughters. The court sentenced her to two years in prison, of which 18
    months were suspended and the remaining six months corresponded to time
    served. The husband was acquitted. The Government conducted information
    campaigns targeting the problem of FGM.
        The country is a party to the 1980 Hague Convention on the Civil
    Aspects of International Child Abduction. For information on
    international parental child abduction, please see the Department of
    State's annual report on compliance at http://travel.state.gov/
    abduction/resources/congressreport/congressreport--4308.html.

        Anti-Semitism.--The Jewish population was estimated at 6,000
    persons. There were isolated incidents of anti-Semitism. According to
    victims' reports, the perpetrators were mainly immigrants, many of them
    from Arab and other Muslim countries. Most incidents involved
    vandalism, such as graffiti, and nonviolent verbal assaults.
        In December PET released its annual report on religious- and race-
    related crime reported in 2009. The report included 21 incidents
    attributed specifically to religious motivation, up from nine incidents
    in 2008, but did not distinguish between anti-Semitic and other forms
    of religious motivation. The increase was attributed to a broadened
    definition of religiously motivated crime and a campaign to encourage
    local police precincts to report such crimes more reliably. Only one of
    the 21 incidents was involved violence; the others included harassment,
    graffiti and other vandalism, propaganda, and threats of violence. The
    Mosaic Religious Society, which represents one-third of the country's
    Jewish population, claimed that there were seven incidents of anti-
    Semitism in the first half of the year and 22 in 2009.

        Trafficking in Persons.--For information on trafficking in persons,
    please see the Department of State's annual Trafficking in Persons
    Report 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 other state services, and other
    areas, and the Government effectively enforced these provisions in
    practice. The law mandates access to buildings, education, information,
    and communications for persons with disabilities, and the Government
    generally enforced these provisions in practice.
        The Ministry of Social Affairs has responsibility for protecting
    the rights of persons with disabilities, and implementation is the
    responsibility of municipal governments. The Danish Disability Council,
    a government-funded organization, monitored the status of persons with
    disabilities and advised the Government and the parliament on issues
    relating to disability policy. The Equal Opportunities Center for
    Disabled Persons is a government-funded entity that documented and
    alerted the Government to inequalities in society that affected persons
    with disabilities. The Danish Institute for Human Rights and the
    parliamentary ombudsman were also involved in monitoring the treatment
    of disabled persons. Each year, the ombudsman receives a significant
    number of complaints related to discrimination against persons with
    disabilities.
        In April 2009 the Government reported that more than 16,000 adults
    were in state-sponsored, long-term or temporary, special-care
    facilities for the persons with physical or mental disabilities.. The
    state also provided protected employment for approximately 9,000
    persons with disabilities and offered 22,500 such individuals special
    state-sponsored activities to assist in their well-being. This was a
    part of the state's effort to move care for persons with disabilities
    from institutions to a home environment to promote greater individual
    self-reliance and reduced dependence on the public sector.

        National/Racial/Ethnic Minorities.--In December 2009 PET reported
    175 recorded hate crimes for 2008, the most recent year for which
    figures were available. This represented roughly a five-fold increase
    compared to 2007. Police attributed the increase to a new definition
    used by PET of what constitutes a hate crime broadened to include
    crimes motivated by political issues, skin color, nationality, ethnic
    origin, religious beliefs, and sexual orientation. For the first time,
    PET combined its hate crime cases with those from the various regional
    and national police registries. According to police, hate-crime victims
    included ``Jews and people of an ethnic origin other than Danish''
    (mostly African or Middle Eastern ethnic groups). Members of minority
    groups were sometimes the perpetrators of incidents against other
    minority groups. Reported cases included such hostile actions as
    graffiti, vandalism, theft, and racist Internet and written messages.
    The Government effectively investigated and dealt with cases of
    racially motivated violence.
        The presence of ethnically and racially diverse refugees and
    immigrants (mostly Turks, Iraqis, Lebanese, Pakistanis, Somalis,
    Afghanis and refugees from the former Yugoslavia) caused some tension
    between citizens and immigrants, which were documented in press
    reports. A report released by the EU Human Rights Agency in December
    2009 stated that every third Somali in the country had experienced some
    form of racial harassment. During the year a local police department
    fined an individual 1,000 kroner ($178) for refusing to pay a fare to a
    taxi driver because the driver was of an ethnic origin other than
    Danish and for using language derisive of the driver's ethnic origin in
    the ensuing argument.
        During July and August, the Government expelled 37 Roma to Romania
    after arresting them for illegal camping and trespassing in an
    abandoned building. The European Roma Rights Center (ERRC) criticized
    this action, asserting that the authorities failed to conduct
    individual assessments of the persons concerned and was discriminatory
    in singling out Roma. The ERRC charged the authorities with violating
    the European Convention on Human Rights, and on September 3, the ERRC
    filed an appeal against the deportations with the Danish Ministry of
    Refugees, Immigration, and Integration Affairs. The case was pending at
    year's end.
        In August the UN Committee on the Elimination of Racial
    Discrimination (CERD) reviewed the country's periodic report to that
    body. While the committee observed some positive developments, CERD
    disapproved of the wide breadth of power given to the director of
    public prosecutions, especially related to the handling and
    discontinuance of cases involving racism.
        During the year a steering group of experts from the Copenhagen
    police department, the City of Copenhagen, the Danish Institute for
    Human Rights, and the City of Frederiksberg initiated a campaign to
    discourage hate crimes, including those motivated by ethnic and racial
    hostility (see Section 6, Societal Abuses, Discrimination, and Acts of
    Violence Based on Sexual Orientation and Gender Identity).

        Indigenous People.--The law protects the rights of the indigenous
    Inuit inhabitants of Greenland. Greenland's legal system seeks to
    accommodate their customs, provides for the use of laypersons as
    judges, and sentences most prisoners to holding centers (rather than
    prisons), where they are encouraged to work, hunt, or fish during the
    day.

        Societal Abuses, Discrimination, and Acts of Violence Based on
    Sexual Orientation and Gender Identity.--The annual Copenhagen Pride
    parade was held August 18-22 and was followed by a ``pride show'' in
    Copenhagen's main town square.
        During the year the Danish Institute for Human Rights joined with
    local governments and the Copenhagen police department to launch a
    campaign to discourage hate crimes. The stated goals of the campaign
    were to persuade victims and witnesses of hate crimes to report them to
    the police; prevent and combat hate crime; create a safe public
    environment in Copenhagen and Frederiksberg, especially for minority
    groups at risk of being victimized by hate crime; increase the general
    public's understanding of hate crime; and inform the public on places
    where victims of hate crimes can get help. It was too early to assess
    the effectiveness of the campaign.
        There were no reports of official or systematic societal
    discrimination based on sexual orientation.

        Other Societal Violence or Discrimination.--There were no reports
    of societal discrimination against persons with HIV/AIDS.
    Section 7. Worker Rights

        a. The Right of Association.--The law states that all workers,
    including military and police personnel, may form or join independent
    unions of their choosing without previous authorization or excessive
    requirements. These laws were effectively enforced. Approximately 76
    percent of wage earners belonged to unions. Unions could conduct their
    activities without government interference. The law provides for the
    right to strike, and workers exercised this right during the year by
    conducting legal strikes. In some cases, when a strike occurs, not all
    union members may strike.

        b. The Right to Organize and Bargain Collectively.--Collective
    bargaining is protected by law and was freely practiced. Members of the
    workforce associated with unions were covered by annual collective
    bargaining agreements. These agreements also indirectly influenced
    wages and working conditions for the rest of the workforce. The law
    allows unions to conduct their activities without interference, and the
    Government protected this right in practice.
        There are no export processing zones.

        c. Prohibition of Forced or Compulsory Labor.--The law prohibits
    forced or compulsory labor, including by children, and there were no
    reports that such practices occurred. Also see the Department of
    State's annual Trafficking in Persons Report at www.state.gov/g/tip.

        d. Prohibition of Child Labor and Minimum Age for Employment.--The
    law prohibits the exploitation of children in the workplace, and the
    Government effectively enforced this prohibition in practice. No
    instances of child labor were reported.
        The minimum legal age for full-time employment is 15 years. The law
    sets a minimum age for part-time employment of 13 years; however,
    school-age children are limited to less strenuous tasks. The law limits
    work hours and sets occupational health and safety restrictions for
    children.
        Child labor law is enforced by the Danish Working Environment
    Authority (DWEA), an autonomous arm of the Ministry of Labor.

        e. Acceptable Conditions of Work.--The law does not mandate a
    national minimum wage; minimum wages are negotiated between unions and
    employer associations. According to statistics released on March 1, the
    average minimum wage for all private and public sector collective
    bargaining agreements was 106 kroner ($19) per hour, exclusive of
    pension benefits. The wage provided a decent standard of living for a
    worker and family. Migrant workers are entitled to the same minimum
    wages and must adhere to the same employment regulations as citizens.
        Workers generally enjoyed a 37-hour workweek that was established
    by contract rather than by law. Workers received premium pay for
    overtime and were not subjected to compulsory overtime. Working hours
    were determined by collective bargaining agreements that adhered to the
    EU directive that an average workweek not exceed 48 hours.
        The law prescribes conditions of work, including safety and health;
    the DWEA ensured compliance with labor legislation. The same laws
    protect legal migrants and foreign workers, and this was enforced in
    practice.
        During the first 10 months of the year, the DWEA conducted 19,489
    company screenings, visits, and inspections and made 8,554 requirements
    for additional information or improvements concerning working-
    environment problems, compared with 10,917 such requests out of 25,623
    inspections in 2009. If required improvements are not carried out
    within a specified time, the DWEA has the authority to take the case to
    police or the courts. Workers may remove themselves from hazardous
    situations without jeopardizing their employment, and authorities
    effectively enforced this right in practice. Greenland and the Faroe
    Islands have similar work conditions, except that their standard
    workweek was established by collective bargaining at 40 hours.

                                   __________

                                    ESTONIA

        With a population of 1.34 million, Estonia is a multiparty
    constitutional parliamentary democracy with a unicameral parliament, a
    prime minister as head of government, and a president as head of state.
    Parliamentary elections held in 2007 were generally free and fair.
    Security forces reported to civilian authorities.
        There were problems in some areas. There were allegations that
    police used excessive force during the arrest of suspects; authorities
    investigated and brought charges against alleged offenders. Some
    shortcomings remained in detention center conditions; lengthy pretrial
    detention continued to be a problem; domestic violence, inequality of
    women's salaries, child abuse, and trafficking of women were also
    reported.
                            respect for human rights
    Section 1. Respect for the Integrity of the Person, Including Freedom
            From:

        a. Arbitrary or Unlawful Deprivation of Life.--There were no
    reports that the Government or its agents committed arbitrary or
    unlawful killings.

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

        c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
    Punishment.--The law prohibits such practices; however, there were
    reports that police used excessive physical force and verbal abuse
    during the arrest and questioning of suspects.
        During the year authorities processed 37 criminal cases related to
    police officers' excessive use of force. They dropped charges in 27
    cases and sent two to the prosecutor's office for further action. At
    year's end, eight cases were pending.

        Prison and Detention Center Conditions.--The legal chancellor (the
    country's ombudsman) found a number of deficiencies in prison and
    detention center conditions, particularly in detention centers, where
    detainees are kept for short periods. The Government sought to correct
    some of these deficiencies. The Government permitted visits by
    independent human rights observers.
        In September the country's prisons and detention centers held 3,436
    persons, including 2,682 convicted prisoners and 754 pretrial
    detainees. Women made up 5.7 percent of the prisoners, and persons
    under the age of 18 accounted for 1.3 percent.
        Following visits in 2009 to detention centers in Rakvere,
    Kuressaare, and Haapsalu, the legal chancellor reported deficiencies in
    detainees' ability to take care of personal hygiene; deficient living
    conditions were a problem also in Voru and Valga police prefectures,
    although small renovations had improved the facilities. Some detention
    facilities lacked any possibilities for exercise. The legal chancellor
    reported insufficient access by detainees to legal information and
    incorrect registration of official documents, including the personal
    files of detainees.
        During 2009 the chancellor also visited Murru and Tartu prisons,
    the former dating from the Soviet era. With regard to prisons, the
    chancellor noted that some shortcomings in physical facilities
    remained, including inadequate washrooms, primarily in Murru prison,
    which housed fewer than 500 prisoners. The chancellor also noted that
    more than half of all prisoners serve time in contemporary prisons.
        Authorities permitted prisoners and detainees to submit complaints
    to judicial authorities without censorship and to request investigation
    of credible allegations of inhumane conditions. However, the chancellor
    reported that information available to prisoners about their rights and
    about measures they could take to improve their circumstances was
    inadequate. Authorities investigated all complaints and documented the
    results of their investigations in a publicly accessible manner.
    Prisoners and detainees had reasonable access to visitors and were
    permitted religious observance. However, the chancellor criticized a
    serious shortage of telephones that limited the ability of prisoners to
    make contacts outside. He also noted that in Murru prison, the staff
    possessed inadequate knowledge of Russian to communicate properly with
    Russian-speaking prisoners.
        In September the Harju County Court announced the results of a
    trial in which a former acting director of Murru Prison, a former
    security chief, and a former warden were charged with negligence that
    lead to the deaths of two inmates at the hands of other prisoners in
    2006. The court acquitted the former acting prison director on all
    charges but convicted the former security chief of covering up the
    first-degree crime and fined him 58,200 kroon ($4,900). On October 13,
    the court convicted the former warden as an accessory to murder and was
    sentenced him to three years in prison. At year's end the sentence was
    being appealed to the district court.
        The Government permitted local and international human rights
    groups and the media to monitor prison conditions, and such monitoring
    occurred during the year. The Council of Europe's Committee for the
    Prevention of Torture last visited the country in 2007. Authorities had
    not released the report on that visit by year's end. The legal
    chancellor may not act on behalf of individual prisoners but can make
    recommendations to ministries to improve such matters as detention
    conditions and record-keeping procedures.
        The chancellor noted that the Government continued to make
    improvements in prison facilities. For example, in Murru Prison rooms
    for the provision of health care services were refurbished and,
    according to the prison administration, other parts of the facility
    that were in particularly poor sanitary condition were being
    refurbished step by step.

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

        Role of the Police and Security Apparatus.--Civilian authorities
    maintained effective control over the national police, the border guard
    board, the security police board, and the tax and customs board, 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 Procedures and Treatment While in Detention.--By law
    authorities must in most cases possess warrants issued by a court to
    make arrests. They must inform detainees promptly of the grounds for
    their arrest. There is a functioning bail system. Authorities may hold
    a person for 48 hours without charge; further detention requires a
    court order. Police rarely violated these requirements. Detainees are
    entitled to immediate access to legal counsel, and the Government pays
    for legal counsel for indigent persons. The legal chancellor reported
    cases of insufficient access to legal documentation in prisons and
    detention centers and insufficient telephones to contact family
    members.
        Lengthy pretrial detention was a problem. By law authorities may
    hold a person in pretrial detention for six months. In a particularly
    complex criminal case, the judge responsible for the preliminary
    investigation may extend the length of detention at the request of a
    chief public prosecutor. Approximately 24 percent of the incarcerated
    population was in pretrial detention; the average length of pretrial
    detention was seven months.

        e. Denial of Fair Public Trial.--The constitution provides for an
    independent judiciary, and the Government generally respected judicial
    independence in practice.

        Trial Procedures.--Defendants enjoy a presumption of innocence and
    have the right of appeal. Trials are public. Juries are not used. Cases
    may be heard by a single judge, a judge together with public assessors,
    or a committee of judges. Defendants have the right to be present and
    to consult with an attorney in a timely manner. In criminal
    proceedings, an attorney is available to all defendants at public
    expense, although individuals often preferred to hire their own
    attorneys. In civil proceedings, an attorney is provided for indigents.
    Defendants may confront or question witnesses against them and present
    witnesses and evidence on their own behalf. Defendants and their
    attorneys have access to government-held evidence relevant to their
    cases. The law extends these rights to all residents, whether or not
    they are citizens.
        The constitution provides for the right to a fair trial, and an
    independent judiciary generally enforced this right.

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

        Regional Human Rights Court Decisions.--In 2009 the European Court
    of Human Rights delivered four judgments in which it found violations
    of the provisions of the European Convention on Human Rights or its
    protocols. When the cases involved individuals, authorities made the
    necessary awards within the required three months. In a finding related
    to policies and laws, the Ministry of Justice prepared corrective
    legislation, which was with parliament at the end of the year.

        Civil Judicial Procedures and Remedies.--There is an independent
    and impartial judiciary in civil matters. There is access to a court to
    bring lawsuits seeking damages for, or cessation of, a human rights
    violation. Administrative as well as judicial remedies are available
    for alleged wrongs. There were no problems with enforcing civil court
    orders.

        f. Arbitrary Interference With Privacy, Family, Home, or
    Correspondence.--The constitution prohibits such actions, and the
    Government generally respected these prohibitions in practice.
    Section 2. Respect for Civil Liberties, Including:

        a. Freedom of Speech and Press.--The constitution provides for
    freedom of speech and of the press, and the Government generally
    respected these rights in practice. An independent press, an effective
    judiciary, and a functioning democratic political system combined to
    ensure freedom of speech and the press.

        Internet Freedom.--There were no government restrictions on access
    to the Internet 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.
    During the year approximately 75.1 percent of the population used the
    Internet, and 68 percent of households had Internet access in the home.

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

        b. Freedom of Peaceful Assembly and Association.--Freedom of
    Assembly.--The constitution provides for this right, and the Government
    generally respected it in practice.

        Freedom of Association.--The constitution provides for this right
    for citizens, and the Government generally respected it in practice.
    The law specifies that only citizens may join political parties, but
    noncitizens are free to join other civil groups.

        c. Freedom of Religion.--For a description of religious freedom,
    please see the 2010 International Religious Freedom Report at
    www.state.gov/g/drl/irf/rpt.

        d. Freedom of Movement, Internally Displaced Persons, Protection of
    Refugees, and Stateless Persons.--The constitution provides for freedom
    of movement within the country, foreign travel, emigration, and
    repatriation, and the Government generally respected these rights in
    practice. The Government cooperated with the Office of the UN High
    Commissioner for Refugees (UNHCR) and other humanitarian organizations
    in providing protection and assistance to refugees, asylum seekers,
    stateless persons, and other persons of concern.
        The constitution prohibits forced exile, and the Government did not
    employ it.

        Protection of Refugees.--The laws provide for the granting of
    asylum or refugee status, and the Government has established a system
    for providing protection to refugees.
        The Government has a ``safe country of origin or transit'' policy;
    it regarded countries that were parties to the 1951 refugee convention
    as safe countries, but authorities reported that they granted
    interviews to all individual asylum seekers. In practice the Government
    provided some protection against expulsion or return of refugees to
    countries where their lives or freedom would be threatened on account
    of their race, religion, nationality, membership in a particular social
    group, or political opinion. During the year, 33 persons applied for
    asylum. The Government granted refugee status or asylum to 11
    individuals. Government officials indicated that it made decisions on
    asylum claims after soliciting the UNHCR's views. A negative decision
    on an asylum claim may be appealed to the courts and such appeals have
    been made. The applicant may remain in the country during the
    procedure.
        The UNHCR, in its Universal Periodic Review of the country's
    refugee practices, released in July, referred to ``the remarkably low
    number'' of registered asylum seekers at the border, and suggested a
    ``possible lack of access to the asylum procedure for persons in need
    of international protection who are being turned away at the border.''
    In particular the UNHCR criticized the authority that the border guards
    have to conduct the initial examination of asylum claims submitted at
    the border with ``the power to refuse entry, if there is a manifestly
    unfounded case. In such situations, the asylum seeker is immediately
    sent away from the Estonian border.'' Government representatives
    indicated that border guards underwent thorough training in the asylum
    process as part of the process of the country's joining the Schengen
    Area. Observers have noted that the small number of applicants may be
    due to the comparatively low level of asylee benefits compared with
    some neighboring countries.
        During the year the Government provided temporary protection to six
    individuals who did not qualify as refugees.

        Stateless Persons.--Citizenship derives from one's parents.
    According to government statistics, at the end of the year, 100,942
    persons, or 7.5 percent of the population, were of undetermined
    citizenship or de facto stateless. A large majority of the stateless
    were ethnic Russians, Ukrainians, Belarusians, or other Russian
    speakers who became stateless due to state succession. The UNHCR
    recorded 104,813 stateless persons as of the end of 2009.
        Nearly all stateless persons were long-term residents and, as such,
    could vote in local, but not parliamentary, elections. There are
    statutory procedures that offer opportunities to gain legal residence
    status or citizenship. Individuals of undetermined citizenship were
    eligible to apply for naturalization, but must pass language and civics
    tests before acquiring citizenship. In 2009, 55 percent of those taking
    the test at the level required to acquire citizenship passed.
    Authorities have adopted policies, such as funding citizenship and
    language courses and simplifying the process for persons with
    disabilities, to facilitate acquisition of citizenship by those
    stateless persons who wish it. Children under 15 years of age whose
    parents are residents of undetermined citizenship and have lived in the
    country for five years are eligible to acquire citizenship at their
    parents' request.
    Section 3. Respect for Political Rights: The Right of Citizens to
            Change Their Government
        The law provides citizens with the right to change their government
    peacefully, and citizens exercised this right in practice through
    periodic, free, and fair elections based on universal suffrage.

        Elections and Political Participation.--In 2007 the country held
    parliamentary elections, considered free and fair, that led to the
    formation of a coalition government. Political parties could operate
    without restriction or outside interference.
        In June 2009 the country held elections to the European Parliament,
    and in October 2009 there were nationwide municipal elections. Both
    were considered free and fair.
        Only citizens may vote in parliamentary elections or be members of
    political parties. Noncitizens who reach the age of 18 by election day,
    whose address in their rural municipality or city is entered in the
    population register, and who reside in the country on the basis of a
    long-term residence permit, may vote in local elections. Resident
    noncitizens may not run for office.
        Citizens of the European Union (EU) who have established permanent
    residency may also vote in local elections, and those EU citizens who
    are registered in the country's population register may vote in
    elections to the European Parliament.
        There were 24 women in the 101-seat parliament. The speaker and
    deputy speaker of the parliament were women. There was one female
    minister in the 13-member cabinet.
        Nine members of ethnic minorities served in the 101-seat
    parliament.
    Section 4. Official Corruption and Government Transparency
        The law provides criminal penalties for official corruption, and
    the Government generally implemented these laws effectively. As
    demonstrated in the World Bank's broad-based corruption indicators, the
    Government has effective mechanisms to investigate and punish abuse and
    corruption. There were several reports of government corruption during
    the year.
        There were reports of corruption among the judiciary. In January a
    former Viru County court judge was jailed for two years for claiming
    and accepting a bribe to release a murder suspect. In March a Parnu
    County court sentenced another former Viru County court judge to two
    years and eight months in jail for taking a bribe and leaking details
    to criminals of a surveillance operation he had himself authorized.
    Some of the leaked information was considered highly confidential. On
    November 19, a former Voru County court judge sentenced Vambola Oll to
    six months in prison and three-and-a-half years' probation for
    knowingly making an illegal decision to favour one of his acquaintances
    in a misdemeanour case and for accepting a bribe.
        On May 26, the Supreme Court let stand the Harju County court's May
    2009 conviction of businessman Aivo Parn, lawyer Tarmo Sild, and former
    minister of environment Villu Reiljan of attempted bribery in
    connection with the sale of a building belonging to the Ministry of the
    Environment. The former minister received a suspended jail sentence of
    two years and three months for demanding a bribe, while the court fined
    the lawyer and the businessman, the former for acting as intermediary
    and the latter for promising a bribe.
        No verdict was announced by year's end in the trial of former
    environment minister and former head of the People's Union political
    party, Villu Reiljan, who was charged with illegally approving the
    exchange of protected land in nature preserves for other state
    properties. The trial began in the Harju County court in November 2009.
    State prosecutors also charged two well-known politicians, the head of
    a state agency, and a group of businessmen with involvement in the
    illegal exchange.
        Public officials are subject to financial disclosure laws. The
    Justice Ministry is responsible for coordinating anticorruption
    activities.
        The law provides for public access to government information and
    allows for monitoring of the public sector's performance. The
    Government provided access to citizens and noncitizens in practice,
    including foreign media.
    Section 5. Governmental Attitude Regarding International and
            Nongovernmental Investigation of Alleged Violations of Human
            Rights
        A number of domestic and international human rights groups
    generally operated without government restriction, investigating and
    publishing their findings on human rights cases. Government officials
    were usually cooperative and responsive to their views.
        The legal chancellor, an independent official with a staff of 30
    persons, performs the role of human rights ombudsman. The legal
    chancellor reviews legislation for compliance with the constitution and
    oversees observance by authorities of fundamental rights and freedoms
    and the principles of good governance. The legal chancellor also helps
    resolve accusations of discrimination based on gender, race,
    nationality (ethnic origin), color, language, religion, social status,
    age, disability, and sexual orientation. The legal chancellor makes
    recommendations to ministries and local governments, requests
    responses, and has the authority to appeal to the Supreme Court. The
    legal chancellor compiles an annual report for parliament. Public trust
    in the office was high, and the Government was responsive to the
    reports and decisions issued by this office.
    Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
        The constitution prohibits discrimination based on race, gender,
    disability, language, or social status, and the Government generally
    enforced the prohibitions. However, violence against women and child
    abuse were problems.

        Women.--Rape, including spousal rape, is illegal, and authorities
    prosecuted rape cases. The penalty for rape is up to 15 years'
    imprisonment. In 2009 police reported 124 rapes, 40 percent of all
    sexual crimes. In 2009 courts convicted 52 persons of sexual assault,
    including 32 for sexual assault of minors.
        Violence against women, including spousal abuse, was a problem.
    NGOs reported that one woman in four has suffered physical, sexual, or
    emotional domestic violence, and NGOs considered domestic violence a
    serious problem. The law prohibits physical abuse; it does not
    differentiate between acts committed against men and women. Such abuse
    is punishable by a fine or imprisonment of up to three years, up to
    five in instances of longstanding and unremitting violence. In 2009
    police reported 4,518 cases of physical abuse, including domestic
    violence and physical abuse of minors, 59 percent of all violent
    crimes. In the same year courts convicted 1,160 individuals of physical
    abuse, including 15 who abused minors. A total of 39 individuals,
    including one whose victim was a minor, were convicted of longstanding
    and unremitting violence. Victims of domestic violence may obtain help,
    including counseling and legal assistance, from social workers employed
    by local governments and from specialized NGOs.
        The law prohibits sexual harassment; however, some incidents of
    sexual harassment in the workplace occurred. According to the law,
    disputes over sexual harassment may be resolved in court, by an
    administrative hearing by the legal chancellor, or by the gender
    equality and equal treatment commissioner. An injured party may demand
    compensation for damages and termination of the harmful activity.
    During 2008 one local branch of the Labor Inspectorate handled five
    harassment cases involving four women and a man who filed complaints
    against their supervisors. In 2009 the maximum compensation for damages
    was 50,000 kroon ($4,490). During the year the gender equality and
    equal treatment commissioner received three complaints regarding sexual
    harassment; all were from women. Of women participating in a government
    survey, 4.4 percent had experienced sexual harassment.
        The Government recognized the basic right of couples and
    individuals to decide freely and responsibly the number, spacing, and
    timing of their children and to have the information and means to do so
    free from discrimination, coercion, and violence. Health clinics and
    local health NGOs operated freely in disseminating information on
    family planning. There are no restrictions on access to contraceptives.
    The incidence of maternal mortality is low. According to 2008 UN
    estimates, the maternal mortality rate was 12 deaths per 100,000 live
    births. Access to maternal health services, including skilled
    attendance during childbirth, prenatal care, essential obstetric care,
    and postpartum care is available free of charge. Women received equal
    access to diagnosis and treatment for sexually transmitted infections,
    including HIV.
        Although women have the same legal rights as men under the law and
    are entitled to equal pay for equal work, these rights were not always
    observed in practice. While the average educational level of women was
    higher than that of men, women's average pay was generally lower, and
    there continued to be female- and male-dominated professions. According
    to government statistics, women earned on average 30.3 percent less
    than men in 2007. The 2004 Gender Equality Act established the position
    of Gender Equality and Equal Treatment Commissioner, an independent and
    impartial expert who monitors compliance with that law. The Gender
    Equality Department of the Ministry of Social Affairs, established in
    1996, is responsible for coordinating the Government's efforts to
    eliminate gender inequality, drafting legislation to this end, and
    promoting gender equality.

        Children.--Citizenship derives from one's parents. One citizen
    parent may pass citizenship to a child regardless of the other parent's
    citizenship status. Children born to members of the country's large
    population of stateless persons were automatically stateless unless a
    long-term resident parent applied to obtain citizenship for the child
    before the child reached the age of 15.
        Child abuse continued to be a problem. In 2008 police reported 762
    cases of violence against children, including domestic and school
    violence. The police and the Border Guard Board worked to combat child
    abuse, including sexual abuse of children.
        In 2009 police registered 49 cases of rape of minors. Police
    registered 200 cases of sexual abuse of persons under 18 years of age,
    including 34 cases involving victims under the age of 14. In 2009
    courts convicted 32 persons of sexual assault of minors. There is no
    legal minimum age for consensual sex. The law prohibits child
    pornography; punishment ranges from a fine to as much as three years in
    prison.
        In September 2009 in a report issued following a 2008 visit to the
    country, the UN special rapporteur on the sale of children, children in
    prostitution, and child pornography emphasized that the age of consent
    for children should not be younger than 18. The rapporteur recommended
    assigning the role of ombudsman for children's rights to the legal
    chancellor.
        The country is a party to the 1980 Hague Convention on the Civil
    Aspects of International Child Abduction. For information on
    international parental child abduction, please see the Department of
    State's annual Report on Compliance with the Hague Convention on the
    Civil Aspects of International Child Abduction at http://
    travel.state.gov/abduction/resources/congressreport/congressreport--
    4308.html as well as country-specific information at http://
    travel.state.gov/abduction/country/country--3781.html.

        Anti-Semitism.--The Jewish community was estimated to number
    approximately 2,500 persons.
        There was one report of anti-Semitic vandalism. On September 20,
    the Israel-based Coordination Forum for Countering Anti-Semitism
    reported that unknown persons spray painted swastikas on trees at the
    entrance to a Holocaust memorial at Klooga.
        On July 31, a march was held in Sinimae to honor veterans who had
    been part of the 20th Estonian Waffen SS Grenadier Division. The event
    has been a source of controversy in the past due to the connection
    between non-Baltic Waffen SS units and Nazi war crimes. There were no
    additional reports of anti-Semitic statements or actions associated
    with the event.
        The Government took a number of steps to associate itself with
    commemoration of the Holocaust and to encourage best practices in
    teaching about it in schools.

        Trafficking in Persons.--For information on trafficking in persons,
    please see the Department of State's annual Trafficking in Persons
    Report 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 generally enforced these provisions. The law
    does not mandate access to buildings for persons with disabilities;
    most older buildings were inaccessible, although new or renovated
    buildings generally were. The Ministry of Social Affairs is responsible
    for protecting the rights of persons with disabilities, and local
    governments are responsible for the provision of social welfare
    services to persons with disabilities. The Government focused on
    developing rehabilitation services to improve the ability of persons
    with disabilities to cope independently and increase their social
    inclusion. Children, adults, and elderly persons with disabilities
    necessitating prosthetics and orthopedic or other technical aids are
    compensated by the state for 50 to 90 percent of the cost of the
    device.

        National/Racial/Ethnic Minorities.--While there is no specific law
    prohibiting hate crimes, the law prohibits incitement to hatred,
    violence, or discrimination on a variety of grounds, including
    nationality, race, skin color, language, and social origin.
        In August the UN Committee on the Elimination of Racial
    Discrimination (CERD) recommended that the country prohibit racist
    organizations and that it make incitement of hatred on racial grounds a
    punishable offense. The existing law limits the prosecution of hate
    speech to acts that result in serious consequences. The report called
    for the state to redouble its efforts to address various forms of
    discrimination and further the integration of minorities, especially
    where language is an issue. The committee emphasized the importance of
    transforming the existing human rights institutions into an independent
    national human rights institution that would comply with the Paris
    Principles.
        The Government provides for the protection of the cultures of
    minority groups. However, some observers alleged that a law related to
    minority cultural autonomy is discriminatory because it has not been
    successfully used to support the large Russian population. In order for
    a minority group to receive the status of cultural autonomy, there must
    be an organization that represents a significant fraction of that
    minority's population; however, no single NGO represented the required
    fraction of the 343,000 ethnic Russians, so they did not enjoy this
    status. Ingrian Finns and Coastal Swedes were the only two groups to
    achieve recognition as culturally autonomous. The Government funds
    language and cultural programs for a number of other minority groups,
    including Russians. In districts where more than half of the population
    speaks a language other than Estonian, the law entitles inhabitants to
    receive official information in that language, and the law was
    respected in practice. The August UN CERD report recommended that the
    Government extend this entitlement to all districts regardless of the
    number of non-Estonian speakers. In practice the Government has already
    made attempts to do so.
        Russians, Ukrainians, and Belarusians are the largest ethnic
    minorities, together making up 29 percent of the population. The
    Government encouraged social integration through a policy that promotes
    naturalization and learning Estonian. Knowledge of Estonian is required
    to obtain citizenship, and all public servants and public sector
    employees, service personnel, medical professionals, and sole
    proprietors must possess a minimum competence in the language. A
    Language Inspectorate enforces language skills among these sectors
    through referrals to language classes and small fines. Proficiency is
    usually determined through examination; however, citizenship applicants
    who already passed the basic-level language proficiency examination or
    the basic school final examination for Estonian as a second language do
    not have to take the citizenship language examination.
        Largely for historical reasons, Russian speakers work
    disproportionately in blue-collar industries and continued to
    experience higher unemployment than ethnic Estonians.
        Some noncitizen residents, particularly ethnic Russians, alleged
    that the language requirement resulted in job and salary
    discrimination. Many Russian speakers believed they would face job
    discrimination even if they possessed adequate Estonian. The country's
    Human Development Report for 2008, prepared by a local NGO, noted that
    Russian speakers who possess equal human capital (fluent Estonian,
    higher education, and Estonian citizenship) faced greater difficulty
    finding positions as managers and professionals than did ethnic
    Estonians.
        More than 100 schools, 58 of them high schools, employed the
    Russian language for their instruction. The Government continued to
    implement its plan to provide 60 percent of all instruction in the
    ``Russian-language'' high schools in the Estonian language by the 2011-
    12 school year. Many of these high schools have implemented this
    transition more rapidly than required by the Governmental plan.
        Roma, who numbered fewer than 1,000, were primarily located in
    three areas in the country. Roma communities reportedly faced
    discrimination in employment and other areas. The Government took steps
    to emphasize the importance of education for Romani children, but a
    December 2009 report of the European Commission against Racism and
    Intolerance recorded the persistence of a high dropout rate and late
    entry into school among Romani children. The report also noted
    complaints that Romani children were being placed in schools for
    disabled children even though they were not disabled. A social worker
    explained that this was the only available mechanism to prepare the
    children for school, and one head of the Romani community told the
    press that the Roma themselves were to blame for not preparing their
    children for school. There were 15 students officially registered as
    Roma in the school system, but the Ministry of Education and Research
    estimated that there were approximately 90 students of Romani ancestry
    who identified themselves as Estonian- or Russian-speakers. With
    funding from the Ministry of Education and Research, the University of
    Tartu was conducting research, in cooperation with representatives of
    the Romani community, to devise strategies to boost educational
    performance and reduce the dropout rate among Romani youth.

        Societal Abuses, Discrimination, and Acts of Violence Based on
    Sexual Orientation and Gender Identity.--By law no person may be
    discriminated against on the basis of gender, sexual orientation, or
    other personal characteristics, and the Government generally respected
    these rights. There were no reports of official discrimination based on
    sexual orientation in employment and occupation, housing,
    statelessness, or access to education or health care. Human rights NGOs
    and lesbian, gay, bisexual, and transgender groups, as well as private
    individuals, actively participated in public discussions dealing with
    issues connected to the rights of the LGBT community, but some
    activists expressed concern with the authorities' unwillingness to
    pursue more aggressively possible misdemeanors under the penal code
    involving incitement to hatred. While there were no reports of violence
    or human rights abuses specifically targeting individuals based on
    their sexual orientation or gender identity during the year, activists
    contended that the society was not very accepting of LGBT persons. Most
    LGBT persons do not reveal their sexual identities and would avoid
    reporting incidents to police. Anti-LGBT messages do not appear in
    mainstream media, but there were instances of performances in private
    clubs with anti-LGBT themes and recordings of music videos posted to
    social networking sites with lyrics and actions that encourage violence
    against gays and lesbians.

        Other Societal Violence or Discrimination.--There were no reports
    of societal violence or discrimination against persons with HIV/AIDS.
    Section 7. Worker Rights

        a. The Right of Association.--The law provides for the right of
    workers to form and join independent unions of their choice without
    previous authorization or excessive requirements; however, some workers
    found it difficult to exercise this right in practice. The
    Confederation of Estonian Trade Unions (EAKL) continued to report
    frequent violations of trade union rights in the private sector. Less
    than 8 percent of the total workforce belonged to trade unions; unions
    were present in the energy, transportation, teaching, public service,
    media, and services sectors, among others. The law allows unions to
    conduct their activities without interference, and the Government
    generally respected this right in practice.
        The law provides for the right to strike, and workers exercised
    this right in practice. Public servants at the state and municipal
    levels do not have the right to strike; there is a practice in place by
    which they may negotiate directly with their employers.

        b. The Right to Organize and Bargain Collectively.--According to
    government statistics, collectively bargained contracts covered
    approximately 32.7 percent of workers, including workers in enterprises
    with at least five workers. Collectively bargained contracts also cover
    nonunion members. The law provides for collective bargaining and
    collective dispute resolution, and collective bargaining was freely
    practiced.
        The law prohibits antiunion discrimination; however, the EAKL
    continued to report that antiunion behavior was widespread in the
    private sector. According to the EAKL, labor inspectorates did not
    efficiently enforce the law. Some enterprises advised workers against
    forming trade unions, threatened them with dismissal or a reduction in
    wages if they did so, or promised them benefits if they did not join
    unions. Both employees and employers have the right to request that
    labor dispute committees or the courts resolve individual labor
    disputes, and these mechanisms functioned effectively throughout the
    year.
        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 (please see the Department of
    State's annual Trafficking in Persons Report at www.state.gov/g/tip.

        d. Prohibition of Child Labor and Minimum Age for Employment.--The
    Government effectively enforced laws and policies to protect children
    from exploitation in the workplace.
        The law sets the minimum age for employment at 18, with some
    exceptions. Children 15 to 17 years old may work with the consent of a
    parent or guardian. With the consent of the Labor Inspectorate, minors
    seven to 12 years old may do light work in the areas of culture, art,
    sports, or advertising; minors 13 to 14 years old may work in some
    additional capacities.
        Children under the age of 18 may not perform hazardous or dangerous
    work. The law limits the hours that children may work and prohibits
    overtime or night work. The Labor Inspectorate was responsible for
    enforcing these laws and did so in practice. There were no separate
    inspections regarding the age of child workers.

        e. Acceptable Conditions of Work.--The national monthly minimum
    wage of 4,350 kroon ($391) did not provide a decent standard of living
    for a worker and family; however, 87.4 percent of the workforce earned
    more than the minimum wage. The minimum wage has remained the same for
    the past three years despite rising heat and electricity costs.
        The standard workweek is 40 hours. The law requires a rest period
    of at least 11 hours in sequence for every 24-hour period. Reduced
    working time is required for minors and for employees who perform
    underground work, work that poses a health hazard, or work of an
    otherwise special nature. The law requires overtime pay of not less
    than 150 percent of the hourly wage of the employee. These requirements
    were effectively enforced.
        The Government set occupational health and safety standards. The
    labor inspectorate, health protection inspectorate, and technical
    inspectorate were responsible for enforcement of these standards and
    made efforts to enforce them. Workers have the right to remove
    themselves from situations that endanger their health or safety without
    jeopardizing their continued employment, and they exercised this right
    in practice. In 2009 there were 2,927 occupational accidents, a ratio
    of 491.3 occupational accidents per 100,000 employees.

                                   __________

                                    FINLAND

        Finland is a constitutional republic of 5.3 million persons with a
    directly elected president and a unicameral parliament (Eduskunta). The
    prime minister is head of a four-party coalition government.
    Parliamentary elections in 2007 were free and fair. Security forces
    reported to civilian authorities.
        Human rights problems included police failure to provide detainees
    timely access to legal counsel, questionable contributions to political
    campaigns, violence against women, trafficking in persons, societal
    discrimination against foreign-born residents and Roma, and violence
    against lesbian, gay, bisexual, and transgender (LGBT) persons and
    property.
                            respect for human rights
    Section 1. Respect for the Integrity of the Person, Including Freedom
            From:

        a. Arbitrary or Unlawful Deprivation of Life.--There were no
    reports that the Government or its agents committed arbitrary or
    unlawful killings.

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

        c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
    Punishment.--The constitution and law prohibit such practices, and
    there were no reports that government officials employed them.

        Prison and Detention Center Conditions.--Prison and detention
    center conditions generally met international standards, and the
    Government permitted monitoring visits by independent human rights
    observers.
        The Government's report on human rights policy stated that in
    January 2009, 510 cells in five penitentiaries had inadequate sanitary
    facilities. During the year the media reported that closures and
    renovations of selected prisons reduced the total number of inadequate
    cells to 200 in two penitentiaries.
        During the year prisoners and detainees had reasonable access to
    visitors and were permitted religious observance. Authorities permitted
    prisoners and detainees to submit complaints to judicial authorities
    without censorship and to request investigation of credible allegations
    of inhumane conditions. There were no such complaints during the year.

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

        Role of the Police and Security Apparatus.--Civilian authorities
    maintained effective control over the military and the national police
    force, which are under the centralized control of the Ministry of
    Defense and the Ministry of the Interior, respectively. The Government
    has effective mechanisms to investigate and punish abuse and
    corruption. There were no reports of impunity involving security forces
    during the year.

        Arrest Procedures and Treatment While in Detention.--The law
    requires police to have a warrant issued by a prosecutor to make an
    arrest. If an individual is arrested while committing a crime, a
    warrant must be obtained within three days; arrested persons must
    receive a court hearing within three days. Authorities usually
    respected these rights in practice. Detainees must be promptly informed
    of the charges against them, and lawyers must be provided for the
    indigent. There were no developments or reports of government action in
    response to the finding in 2009 by the Council of Europe's Committee
    for the Prevention of Torture (CPT) that detainees' access to legal
    counsel was often significantly delayed.
        There is no system of bail, but most defendants awaiting trial were
    eligible for conditional release based on personal recognizance. There
    were no reports of preventive detention, which the law allows only in
    exceptional circumstances such as during a declared state of war or for
    narrowly defined offenses including treason, mutiny, and large-scale
    arms trafficking.
        The law permits police to carry out a simplified pretrial
    investigation in cases such as endangering traffic, petty theft, and
    unlawful use of narcotics where the statutory punishment for the
    alleged offense is limited to a fine. In these simplified pretrial
    investigations police may often conduct the questioning and other
    aspects of the investigation soon after the offense at the place where
    it was allegedly committed.

        e. Denial of Fair Public Trial.--The constitution and law provide
    for an independent judiciary, and the Government generally respected
    judicial independence in practice.

        Trial Procedures.--The constitution and law provide for the right
    to a fair public trial, and an independent judiciary generally enforced
    this right.
        Defendants are presumed innocent until proven guilty. Trials in
    courts of the first instance are usually public. The law does not
    provide for trial by jury. Defendants have a right to be present at
    trial. They also have a right to consult an attorney in a timely
    manner, although in 2009 the CPT reported many cases in which detainees
    were denied prompt access to an attorney of their choice (see section
    1.e.). Attorneys are to be provided at public expense if defendants
    face serious criminal charges that can result in imprisonment or
    significant fines. Defendants can confront and question witnesses
    against them and present witnesses and evidence on their own behalf.
    Defendants and their attorneys have access to government-held evidence
    relevant to their cases. Defendants have a right of appeal.
        The law extends these rights to all citizens and legal residents.
    Irregular migrants have the same rights as citizens except that they
    may be removed from the country or deported for legal cause. An alien
    residing in the country has the right to be heard in a matter relating
    to the refusal of his or her entry, deportation, or prohibition of
    entry. If the matter is taken to court, the Supreme Administrative
    Court makes the final decision. The alien is allowed to stay in the
    country until the legal procedure is concluded.

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

        Regional Human Rights Court Decisions.--During the year the
    European Court of Human Rights (ECHR) issued 17 judgments against the
    Government, some of them involving multiple infractions. In nine cases
    the court found excessive lengths of legal proceedings; in eight,
    violations of the freedom of expression; in two, violations of the
    right for a fair trial; and in two, violations of the right for the
    respect of family and private lives. When a breach of the ECHR is
    found, the Government's policy is to take action in the specific case
    in which the breach was found and enact legislative and administrative
    changes to avoid a repeat of the infraction.
        In June a study for the Ministry of Justice found that the
    country's laws and regulations were adequate for the protection of
    freedom of expression but that authorities did not take ECHR decisions
    into sufficient account when applying them. It recommended training for
    officials on those decisions. The ministry commissioned the study
    because the Government had lost many cases in the ECHR related to
    freedom of expression.

        Civil Judicial Procedures and Remedies.--The constitution provides
    all persons in the country with a fundamental right to live under the
    rule of law and to have the law applied equally and without
    discrimination. The country has an independent and impartial judiciary
    in civil matters, and there was access to courts to bring lawsuits
    seeking damages for, or cessation of, human rights violations.

        f. Arbitrary Interference With Privacy, Family, Home, or
    Correspondence.--The 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 law provide
    for freedom of speech and of the press, and the Government generally
    respected these rights in practice. An independent press, an effective
    judiciary, and a functioning democratic political system combined to
    ensure freedom of speech and of the press.
        Publishing hate material and public speech intended to incite
    discrimination or violence against any national, racial, religious, or
    ethnic group are crimes.

        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 Finnish Communications Regulatory Authority, 86
    percent of the country's residents used the Internet in the period from
    August to October, and 81 percent of households had an Internet
    connection. Supplementing private use, approximately 91 percent of
    enterprises are connected with broadband.
        In the beginning of July access to a broadband connection of at
    least one-megabit became a legally ``guaranteed right'' for all
    residents. Telecommunications service providers must be able to offer
    every permanent residence or business affordable and high-quality
    broadband access to the Internet. The new measure provides equally
    high-standard access to the Internet to all residents and to support
    services in sparsely populated areas of the country. According to the
    law, the broadband subscription's price and delivery time must be
    reasonable.
        Courts can fine persons found guilty of inciting racial hatred on
    the Internet, and during the year there were reports of court decisions
    fining individuals for publishing and distributing hate material via
    the Internet.
        On September 9, the prosecutor general's office charged a man who
    threatened Minister of Migration and Europe Astrid Thors by creating a
    group on the social networking Web site Facebook with the heading ``I
    am prepared to do a few years for killing Astrid Thors.'' He was
    charged with illegal threats, aggravated defamation, public
    encouragement of crime, and incitement against a national group. He was
    convicted on December 8 and fined 640 euros ($858); in addition his
    computer was confiscated. This was the country's first prosecution of a
    threat made on Facebook.
        On April 16, the Helsinki Court of Appeals upheld the fine of 615
    euros ($824) against Olavi Maenpaa, a member of the Turku city council
    from the True Finns Party, for making derogatory and slanderous remarks
    against immigrants in an election debate held in 2007 and broadcast on
    national television and the Internet.
        On June 3, the district court in Kymenlaakso found a 43-year-old
    man guilty of incitement of an ethnic group after he sold extremist
    white-power music on the Internet. The man was fined 420 euros ($563),
    but did not receive a jail sentence.
        On October 29, the Helsinki Court of Appeals upheld the district
    court's conviction of Jussi Halla-aho, a local politician and
    parliamentary candidate from the True Finns Party, for defaming
    religion and affirmed his fine of 330 euros ($442). However, the
    appeals court found that Halla-aho's Internet writings on Somalis were
    within the bounds of lawful exaggeration and provocation and dismissed
    charges of inciting racial hatred.

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

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

        c. Freedom of Religion.--For a complete description of religious
    freedom, please see the 2010 International Religious Freedom Report at
    www.state.gov/g/drl//irf/rpt.

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

        Protection of Refugees.--The law provides for the granting of
    asylum or refugee status, and the Government has established a system
    for providing protection to refugees.
        On March 11, the Ministerial Working Group on Immigration Policy
    left the national quota allocation for the year at 750 refugees,
    unchanged from previous years. The ministerial group agreed to receive
    200 Iraqi refugees from Syria, 150 Burmese refugees from Thailand, 150
    Congolese refugees from Rwanda, 150 Afghan refugees from Iran, and 100
    refugees on an emergency basis. Afghan refugees were allocated a quota
    for the first time in five years. The Government selected quota
    refugees individually and gave preference to vulnerable refugee women.
    Authorities expected that approximately 2,000 fewer persons would seek
    asylum during the year than in 2009, when 5,988 applications were
    filed.
        The continuing deportation case of an Egyptian grandmother, Eveline
    Fadayel, received widespread media attention. The 65-year-old woman
    lived in the country since 2007. The Finnish Immigration Service
    previously denied her a residence permit because grandparents are not
    considered immediate family members. Authorities ordered her to leave
    the country by mid-June, but her relatives hid her. On August 31, the
    ECHR extended her temporary stay in the country, and the Government
    responded to the ruling on December 21 by issuing her a one-year
    residence permit. Fadayel subsequently died.
        On July 1, legislation entered into force to provide for faster
    adjudication of the claims of asylum seekers from other EU countries
    and reduce their monetary benefits. In practice a citizen from another
    EU country cannot be granted asylum in the country.
        In practice the Government provided protection against the
    expulsion or return of refugees to a country where their lives or
    freedom would be threatened on account of their race, religion,
    nationality, membership in a particular social group, or political
    opinion.
        There were reports of societal discrimination against foreign-born
    residents, including refugees and asylum seekers, and there was
    violence directed at asylum applicants.
        According to statistics for 2009 from the UN High Commission for
    Refugees, 2,407 stateless persons lived in the country at the end of
    2009. A child may obtain citizenship from either his mother or father
    regardless of the place of birth and may also acquire citizenship if he
    is born in Finland and would otherwise be stateless. Involuntarily
    stateless persons and certain other special groups (such as refugees)
    have a shorter residency requirement than typical applicants before
    gaining citizenship--four years as opposed to six.
        All asylum applicants are granted temporary residency while they
    await the decision regarding their applications, but to discourage
    asylum seekers from destroying their identification documents, only
    those applicants who crossed the border with proper identification
    documentation may without discrimination seek employment, education,
    healthcare, property ownership, and other services after three months.
    Otherwise, the right to work may be granted after six months of
    residence.
    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.--Parliamentary elections in
    2007 were considered free and fair. Political parties could operate
    without restriction or outside interference.
        There were 84 women in the 200-seat parliament and 12 women in the
    20-member Council of State (cabinet). The president, the prime
    minister, and the president of the Supreme Court were women.
        There were 13 members of minority groups in the parliament and two
    in the cabinet. The autonomous region of the Aland Islands elects one
    representative and has its own parliament. The indigenous Sami minority
    enjoys semiautonomous status and has its own parliament.
    Section 4. Official Corruption and Government Transparency
        The law provides criminal penalties for official corruption, and
    the Government generally implemented these laws effectively.
        Public debate on election-financing ambiguities continued during
    the year. Effective September 1, the law requires parties, candidates,
    and candidates' supporters to report every donation above 800 euros
    ($1,072) in municipal elections or above 1,500 euros ($2,010) in other
    elections. This reporting requirement also applies to other forms of
    electoral support, such as funding seminars or donating goods and
    services for political purposes. The National Audit Office, the
    country's supreme audit institution, is responsible for collecting the
    reports and maintaining a public register on the Internet.
        During the year the National Bureau of Investigation continued
    investigating suspected instances of bribery and abuse of trust
    involving members of parliament from the Center and National Coalition
    parties.
        On September 16, Chancellor of Justice Jaakko Jonkka urged the
    parliamentary Constitutional Committee to investigate an alleged
    conflict of interest involving Matti Vanhanen (Center Party) while he
    was prime minister. Vanhanen left the prime minister's office on June
    22 because of this scandal. The alleged conflict of interest related to
    cabinet decisions about whether the state-run Slot Machine Association
    should aid the nongovernmental organization (NGO) Youth Foundation (a
    Center party-led housing charity). The Youth Foundation had funded
    Vanhanen's presidential election campaign in 2006. Vanhanen did not
    recuse himself from participating in these cabinet decisions. On
    October 12, the parliamentary Constitutional Law Committee requested a
    police inquiry into Vanhanen's role in his government's decisions.
        On October 27, prosecutors brought charges against seven former
    executives of the now-insolvent property developer Nova Corporation,
    including two CEOs, Arto Merisalo and Tapani Yli-Saunamaki, for
    aggravated debtor fraud and aggravated bookkeeping offenses. According
    to a police inquiry, the corporation's spending included giving more
    than 100,000 euros ($134,000) to the political fundraising body
    Kehittyvien Maakuntien Suomi. Nova also allegedly funded a birthday
    party for former foreign minister Ilkka Kanerva (National Coalition
    Party).
        In June the state prosecutor charged Markku Murto, the former CEO
    of Patria Vammas, a subsidiary of the majority-state-owned defense
    contractor Patria, and four other persons with the bribery of Egyptian
    officials and bookkeeping crimes. Investigators reviewed three separate
    allegations of bribery by Patria. The oldest of the cases involved
    possible bribery by Patria of high-ranking officials in Slovenia to
    help secure a contract for armored vehicles. The company's former CEO
    Jorma Wiitakorpi resigned in 2008 as the investigation into this matter
    intensified, and several other employees were arrested on charges of
    bribery related to this case in the same year. Of the two other cases
    being investigated by Finnish authorities, one involved allegations of
    bribery to secure contracts in Croatia, and the other involved possible
    violations of the country's corporate secrecy laws.
        All citizens, including public officials, are subject to public
    disclosure laws. By law income and asset information from all tax forms
    must be made public each year. The Office of the Chancellor of Justice
    oversees government activities and prosecutes cases of possible
    corruption.
        The law provides for public access to government information, with
    the exception of national security information and documents covered by
    privacy laws, and the Government provided such access in practice.
    Section 5. Governmental Attitude Regarding International and
            Nongovernmental Investigation of Alleged Violations of Human
            Rights
        A number of domestic and international human rights groups
    generally operated without government restriction, investigating and
    publishing their findings on human rights cases. Government officials
    were cooperative and responsive to their views.
        The Parliamentary Ombudsman enjoyed the Government's cooperation,
    operated without government or party interference, and had adequate
    resources. In 2009, the last year for which data are available, 4,806
    new matters were referred to the ombudsman, and the ombudsman issued a
    decision in 4,903 cases. The main targets of the complaints received
    were the social welfare authorities, law enforcement authorities, heath
    care, municipal affairs, education, and taxation. The average length of
    time taken to deal with an oversight-of-legality case at the end of the
    year was 6.1 months.
        The parliamentary Constitutional Law Committee issued statements on
    bills submitted to it regarding their consonance with international
    human rights agreements. The parliamentary Legal Affairs Committee
    dealt with legislation relating to criminal and procedural law, the
    courts, and the prison system.
        On June 11, the Ita-Uusimaa district court found Francois
    Bazaramba, a Rwandan living in the country, guilty of committing
    genocide in Rwanda in 1994 and sentenced him to life in prison. The
    court found that Bazaramba, an ethnic Hutu, led attacks against Tutsis
    in southern Rwanda and gave orders and instructions that led to
    killings. In addition he was found to have disseminated anti-Tutsi
    propaganda, organized roadblocks, and distributed seized property.
    Bazaramba applied for asylum in the country in 2003. The Justice
    Ministry denied the Rwandan government's extradition request and tried
    Bazaramba because it feared Rwanda would not be able to provide a fair
    trial.
    Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
        The constitution and law prohibit discrimination based on race,
    gender, disability, language, or social status, and the Government
    effectively enforced these prohibitions. However, there were reports of
    violence against women and children, trafficking in persons, and
    societal discrimination against foreign-born residents and Roma.

        Women.--The law criminalizes rape, including spousal rape, and the
    Government enforced the law effectively. The maximum prison sentence
    for rape is six years, but can be as much as 10 years in cases of
    aggravated rape. Between January and September, 648 cases of rape were
    reported to police. In 2009, 660 cases of rape were reported to police.
    The number of reported rapes during the year included cases reported to
    the Finnish Border Guards and Customs that were not included in 2009
    data. In 2009, the most recent period for which government figures were
    available, 153 persons were convicted of rape.
        On March 8, Amnesty International stated in two reports that
    victims of sexual abuse and domestic violence seeking justice in the
    country faced many obstacles, such as inadequate, negative, or
    dismissive responses by police, medical, and judicial personnel. On
    February 5, Allan Rosas, the country's judge in the European Court of
    Justice, stated to the Finnish Broadcasting Company that sentences by
    the country's courts for rape were light compared to those of other EU
    countries. During the year other legal scholars also criticized the
    variations among sentences by different courts for the same crimes.
        Police and other government officials actively encouraged victims
    to report rapes through various public awareness campaigns.
        Societal violence against women, including spousal abuse, continued
    to be a problem. According to the 2009 National Research Institute of
    Legal Policy survey, 12 percent of violence reported to the police
    qualified as domestic violence, 75 percent of victims of domestic
    violence were women, and 25 percent were men.
        Domestic abuse may be prosecuted under various criminal laws,
    including laws prohibiting rape, assault and battery, harassment, and
    disturbing the peace. The penalty for physical domestic violence ranges
    from a minimum of six months to a maximum of 10 years in prison.
        The NGO Federation of Mother and Child Homes and Shelters stated
    domestic violence is a problem in all age and social groups regardless
    of level of education. Violent behavior within a family often remained
    unreported to the police. A report by the Ministry of Social Affairs
    and Health highlighted three trends in violence against women. Sexual
    violence (including harassment) seemed to be more frequent. With
    approximately 100,000 women involved in domestic or sexual violence in
    2008, crimes involving serious domestic violence did not decrease
    significantly, since the number of women in relationships killed in
    violent deaths remained stable. In 2003-08, the period covered by the
    report, an average of 23 women were killed annually in partnerships.
    The number of women who experienced violence by their former husband or
    partner increased.
        Police may refer potential perpetrators or victims of domestic
    violence to government social welfare agencies that have programs
    designed to reduce domestic violence. These programs promoted
    cooperation between cohabiting partners by providing support to victims
    and anger management counseling and other advisory services to
    perpetrators.
        The Government encouraged women to report domestic violence and
    abuse and provided counseling, shelters, and other support services to
    victims of domestic violence and rape. The Government also funded NGOs
    that provided additional services, including a telephone hotline and
    crisis center. According to regional and municipal officials who
    operated shelters, most women who sought shelter from violence were
    between the ages of 25 and 35 and were married or in a cohabiting
    relationship; nearly one-fourth of those seeking shelter were reported
    to be immigrants, although shelter records often omitted victims'
    origins to protect them. Foreign-born residents who were not proficient
    in Finnish, Swedish, Sami, or English experienced some difficulty
    accessing domestic violence services.
        Sexual harassment is prohibited by law, and the Government
    generally enforced the law in practice. The prosecutor general is
    responsible for investigating sexual harassment cases. Employers who
    fail to protect employees from harassment are subject to fines or a
    maximum of six months' imprisonment. The Office of the Ombudsman for
    Minorities, one of the authorities that track gender-related problems
    in the country, noted an increase of inappropriate treatment in the
    workplace in 2009 related to working conditions (ambiguities in working
    hours and pay) or other unsatisfactory treatment such as name-calling
    or isolation in the work community.
        Couples and individuals have the right to decide freely and
    responsibly the number, spacing, and timing of their children, and have
    the information and means to do so free of discrimination, coercion,
    and violence. Women have access to contraception and skilled attendance
    during childbirth, including obstetric and postpartum care. Women and
    men are equally diagnosed and treated for sexually transmitted
    infections. According to UN estimates for 2008, the maternal mortality
    rate in the country was 8 deaths per 100,000 live births, and all the
    births were assisted by skilled attendants.
        Women have the same rights as men under family and property laws
    and in the judicial system. The Government maintained three entities
    devoted to gender equality problems: the ombudsman for equality, the
    Gender Equality Unit, and the Council for Equality.
        The law stipulates that men and women must receive equal pay for
    equal work. However, allegations of wage discrimination against women
    continued. In 2009 the equality ombudsman's office received 540
    complaints (59 percent of all cases) alleging discrimination and
    unequal treatment.
        On average women earned 19 percent less than men for substantially
    similar work. According to Statistics Finland data from November, the
    most recent information available, the average monthly wage in the
    private sector for men was 3,297 euros ($4,418) but only 2,669 euros
    ($3,576) for women. This disparity was attributed to the tendency of
    men to work in more senior or skilled positions than women, with the
    exception of the fields of medicine and education. Men tended to
    dominate the upper ranks in industry, finance, and some government
    ministries, while women remained overrepresented in lower-paying
    occupations. This pay gap narrowed slightly from 2008 to 2009 because
    women's earnings in the public sector rose faster than men's. The law
    provides that individuals may receive compensation for lost wages in
    cases where gender-based discrimination is proven.
        The conflict between the leadership of the Evangelical Lutheran
    Church (ELC), the larger of the country's two state churches, and
    members of its clergy who refused to cooperate with female pastors
    continued during the year. The recalcitrant clergy were in the
    minority, and on September 12, Irja Askola became the country's first
    female ELC bishop.
        The Supreme Court ruled on October 24 that a pastor who refused to
    work with a woman colleague was guilty of discrimination. The court's
    ruling brought to a close the first case in the country's legal history
    involving discrimination against woman clergy. The court heard that Ari
    Norro had refused to work with a woman, citing his convictions against
    female clergy. The Supreme Court ruled that religious freedoms do not
    supersede antidiscrimination laws. A district court had fined Norro 320
    euros ($429), and the appeals court and the Supreme Court upheld the
    fine.

        Children.--Citizenship at birth is generally derived through either
    or both of the child's parents. A child can also acquire citizenship at
    birth if he or she is born in the country and meets certain other
    criteria, such as if the parents have refugee status in the country or
    if the child is not eligible for any other country's citizenship. A
    local registration office records all births in the Population
    Information System.
        Between January and September, 840 cases of suspected child sexual
    abuse were reported to police, 55 percent more than in 2009. The
    minister of justice declared on both February 4 and May 4 that
    sentences for sex crimes against children were being toughened.
        According to the National Research Institute of Legal Policy,
    victimization is more prevalent among youths than it is among adults. A
    national victimization survey found that 20 percent of 15 to 19 year
    olds reported having been victims of violence or threats of violence in
    2009. Four percent reported violent victimization resulting in physical
    injury. Recent years have seen new types of victimization emerging
    through technology including harassment and threats by e-mail and SMS
    (text) messages.
        Children were subjected to violence at home, school, and during
    leisure activities. Girls tended to experience violence at home, while
    boys were subjected to violence outside the home, usually by another
    boy. Violence against children outside of the home by adults was
    limited, with less than 5 percent of children reporting physical
    violence by a teacher, and only isolated instances of violence and
    sexual abuse by recreational instructors. Psychological violence was
    more common; approximately 9 percent of students surveyed reported
    psychological violence from a teacher.
        The country has laws against statutory rape, with the age of sexual
    consent set at 16 years of age. The minimum age for a sex worker is 18
    years of age. A person whose age cannot be determined but who can
    justifiably be assumed to be under the age of 18 is regarded as a
    child. Sexual abuse of a child has a maximum sentence of four years'
    incarceration while aggravated sexual abuse of a child carries a
    maximum sentence of 10 years' imprisonment. Manufacturing, selling,
    renting, importing, or exporting sexually obscene pictures or
    recordings of a child carries a maximum prison sentence of two years,
    and aggravated distribution of sexually obscene pictures of children
    has a minimum sentence of four months and a maximum sentence of six
    years' imprisonment.
        There were no reports that child sex tourism was a problem in the
    country. If a resident engages in child sex tourism abroad, the
    country's laws provide for extraterritorial prosecution for such acts,
    and the citizen could be investigated and prosecuted by local law
    enforcement.
        There is a government ombudsman for children's problems under the
    Ministry for Social Affairs and Health. During the year the ombudsman
    continued to work to raise public awareness of child abuse and promote
    the Government's child, youth, and family policy program.
        The country is a party to the 1980 Hague Convention on the Civil
    Aspects of International Child Abduction. For information on
    international parental child abduction, please see the Department of
    State's annual report on compliance at http://travel.state.gov/
    abduction/resources/congressreport/congressreport--4308.html.

        Anti-Semitism.--According to Statistics Finland, the country's
    Jewish community numbered approximately 1,500. There were no reports of
    anti-Semitic acts.
        The Ministry of Education continued to integrate tolerance and
    antibias courses and material into the public-school curriculum.
    Students begin studying the Holocaust and the phenomenon of anti-
    Semitism in the eighth grade.
        On August 1, the country's National Board of Education amended the
    national core curricula for basic and general upper secondary education
    levels to underscore the historic importance of the Holocaust and other
    historical human rights crimes.

        Trafficking in Persons.--For information on trafficking in persons,
    please see the Department of State's annual Trafficking in Persons
    Report at www.state.gov/g/tip.

        Persons With Disabilities.--The constitution and law prohibit
    discrimination against persons with physical, sensory, intellectual,
    and mental disabilities in employment, education, access to health
    care, or the provision of other state services. The Government
    effectively enforced these provisions.
        Laws mandating access to buildings for persons with disabilities
    were generally enforced, although many older buildings remained
    inaccessible. Most forms of public transportation were accessible, but
    problems continued in some geographically isolated areas. The Ministry
    for Social Affairs and Health and the Ministry of Employment and the
    Economy are responsible for protecting the rights of persons with
    disabilities, and do so effectively.

        National/Racial/Ethnic Minorities.--There was some societal tension
    between ethnic Finns and minority groups, and there were reports of
    racist or xenophobic incidents. The most common reported race-related
    crime was assault. In 2009, the most recent year for which data are
    available, police received 1,007 reports of hate-crime-related crimes
    and misdemeanors. Approximately 85 percent of those reported crimes had
    indications of racist motives related to the victims' ethnic or
    national background. Religious and sexual motives counted for 11.5
    percent of reported cases.
        There were occasional reports of fighting between ethnic Finns and
    foreign-born youths of African and Middle Eastern descent, as well as
    fighting between rival ethnic immigrant groups. The law does not have a
    specific category for ``race-related crimes'' or ``hate crimes.''
    However, racism as a motive or party to another motive to any other
    criminalized act is a cause for aggravating the sentence. Nine persons
    were under investigation following a fight at Helsinki's Linnanmaki
    amusement park that led to its early closure during the park's 60th
    anniversary celebrations on June 6. Six of the suspects were women, and
    three were men. They were all between the ages of 16 and 27. According
    to police, the fight began after a heated exchange between Somalis and
    Kurds in a line for one of the rides. According to media reports,
    dozens of young persons with immigrant backgrounds took part in the
    incident.
        On September 11, a fire almost destroyed a Buddhist temple under
    construction in Turku. Police investigated and stated that the fire was
    set deliberately. The media reported that the same temple was
    vandalized a week earlier, and there was an attempt to burn sheets that
    had been hung on the walls. It is to be the first purpose-built
    Buddhist temple in the country.
        According to the minority ombudsman, discrimination against the
    approximately 10,000 to 12,000 Roma in the country extended to all
    areas of life, resulting in their effective exclusion from society.
    Roma are classified as a ``traditional ethnic minority'' in the
    ombudsman's report. The Romani minority was the most frequent target of
    racially motivated discrimination, followed by Russian-speakers,
    Somalis, Turks, Iraqis, Sami, and Thais. Ethnic Finns were also
    occasionally victims of racially motivated crimes for associating with
    members of minority communities.
        On November 20, a group of approximately 15 persons wearing
    swastikas and brandishing Nazi symbols heckled an antiracism
    demonstration of 100 persons in Turku. Police held one of the hecklers
    overnight but did not arrest him.
        As of April, 52,200 Russian-speaking persons lived in the country,
    principally in Helsinki and areas along the Russian border. They were
    by far the largest minority not speaking Finnish or Swedish, the
    country's two official languages. In April 2009, the latest date for
    which data was available, unemployment among immigrants from the former
    Soviet Union (excluding Estonia) was 31 percent, compared to 17.6
    percent for all immigrants and 8.8 percent in the country overall. As
    causes for this discrepancy, a report by the minority ombudsman
    identified the lack of Finnish-language ability, the lack of education
    or recognition of training, personal cultural differences, lack of
    employers' confidence in Russian-speakers, discrimination, and the lack
    of local social networks. Russian-origin persons have the highest
    number of requests for assistance of any immigrant group and nearly
    double that of Somalis (the immigrant group with the second highest
    number of requests).
        On October 25, Eva Biaudet, the current ombudsman, proposed that
    the country institute an anonymous job application system for public
    sector jobs to counter discrimination against Russian-speakers.
    According to the ombudsman's office, the unemployment rate among
    Russian-speakers greatly exceeded the average rate among all foreigners
    even though many Russian-speakers are highly trained and have a good
    command of Finnish.
        The Government strongly encouraged tolerance and respect for
    minority groups and sought to address racial discrimination. All
    government ministries included antiracism provisions in their
    educational information, personnel policy, and training programs. The
    Government also monitored the treatment of national, racial, and ethnic
    minorities by police, border guards, and teachers. The Government's
    minority ombudsman monitored and assisted victims of discrimination.
    The ombudsman for minorities supervises compliance with the prohibition
    of ethnic discrimination.

        Indigenous People.--The constitution provides for the protection of
    the Sami language and culture, and the Government financially supported
    these protections. The Sami, who constitute less than 0.1 percent of
    the population, have full political and civil rights as citizens as
    well as a measure of autonomy in their civil and administrative
    affairs. A 21-member Sami parliament (Samediggi), popularly elected by
    the Sami, is responsible for the group's language, culture, and matters
    concerning their status as an indigenous people. The Sami parliament
    can adopt legally binding resolutions, propose initiatives, and provide
    policy guidance. It is an independent body but operates under the
    purview of the Interior Ministry. Despite constitutional protections,
    members of the Sami community continued to protest the lack of explicit
    legislation to safeguard Sami land, resources, and economic livelihood.
    The Government owns 90 percent of the land in the Sami home region,
    much of it in the form of national parks. Sami have alleged for decades
    that the Government used their land for logging and other purposes
    without consulting them.

        Societal Abuses, Discrimination, and Acts of Violence Based on
    Sexual Orientation and Gender Identity.--No person may be discriminated
    against on the basis of gender, sexual orientation, or other personal
    characteristics. The Government generally respected these rights, and
    law enforcement authorities investigated and punished violations of
    these rights. Gays in legal partnerships were not allowed to donate
    blood or organs for use in the country.
        On July 2, three men between the ages of 19 and 21 were accused of
    staging a preplanned attack on Helsinki's annual gay pride parade.
    After throwing smoke bombs to cause confusion, they assaulted more than
    30 persons, including children, with pepper spray. No one was seriously
    injured. Some 3,000 to 5,000 persons took part in the parade. The
    country's political leadership, including the president, condemned the
    attack. At year's end, police continued the pretrial investigation.
        On July 10, the media reported that the Helsinki office of the
    Association for Sexual Equality (SETA) was vandalized. The police
    stated that windows had been broken and a swastika painted on the Seta
    office door. The office was empty at the time. The police could not say
    whether the incident was linked to the attack on the Helsinki Pride
    parade. On the night of December 25-26, a similar attack occurred in
    Jyvaskyla in which windows of the local Seta office were broken, but no
    other vandalism occurred. Police and the landlords considered these
    incidents to be vandalism.
        On March 18, the Helsinki regional court of appeals awarded Johanna
    Korhonen 80,500 euros ($107,870) in damages and legal expenses in a
    case of wrongful dismissal. She was fired as editor in chief of the
    newspaper Lapin Kansa in 2008 prior to taking up her post. She alleged
    her new employers, Alma Media Group, abruptly fired her when they
    discovered her life partner was a woman. The award included
    compensation for violating the equality laws, as well as for wrongful
    dismissal. Alma Media Group CEO Kai Telanne also faced a criminal
    charge over the dismissal, and the Occupational Safety and Health
    Administration considered the company's action a case of illegal
    discrimination.
        On October 12, Tampere Bishop Matti Repo and Member of Parliament
    Paivi Rasanen from the Christian-Democratic Party questioned the need
    to protect the rights of LGBT persons in a televised program. In
    reaction to some of Repo's comments against LGBT persons, the media
    reported over 40,000 persons formally left the Evangelical Lutheran
    Church by November 3. This compared to the normal number of 44,000
    persons in an entire year. In contrast the Christian Democratic Party,
    which had some 12,000 registered members before the incident,
    reportedly gained 1,000 new members during the same period.

        Other Societal Violence or Discrimination.--There were no reports
    of societal violence or discrimination against persons with HIV/AIDS.
    Section 7. Worker Rights

        a. The Right of Association.--The constitution provides for the
    freedom to form trade unions and to organize. The statute regulating
    work agreements extends these rights to both the employee and the
    employer. Any restriction or obstruction of these rights is prohibited.
    According to statistics from the Ministry of Employment and the
    Economy, approximately 71 percent of the workforce belonged to unions
    during the year. In January 2009 a survey by the University of Turku
    reported that approximately 30 percent of the foreign labor force in
    the country was unionized. On June 16, the largest labor federation,
    the Central Organization of Finnish Trade Unions, stated that roughly
    one-third of immigrant workers had joined labor unions.
        The law grants employees the right to strike, with some exceptions
    for public sector employees who provide essential services. Workers
    exercised this right in practice. An official dispute board can make
    nonbinding recommendations to the cabinet on ending or limiting the
    duration of strikes when national security is threatened.
        Employees prohibited from striking can use arbitration to provide
    for due process in the resolution of their concerns. The national
    conciliator assists the negotiating partners in settling labor disputes
    if a collective agreement cannot be reached without outside help. The
    national conciliator can also assist central labor market organizations
    in drawing up comprehensive income policy agreements. A strike is legal
    when an employment contract is not in effect and the action is pursuant
    to new contract negotiations. If a contract agreed by all parties is in
    effect, a strike is considered illegal. Fines may be imposed for
    illegal strikes.

        b. The Right to Organize and Bargain Collectively.--The law
    provides for the right to organize and bargain collectively, and the
    Government protected this right in practice. The country's labor market
    system is characterized by an extensive tripartite cooperation between
    the Government, employers groups, and trade unions. The Occupational
    Safety and Health authorities monitor unorganized employers' adherence
    to generally applicable collective agreements. The regulation of the
    labor market is based on labor legislation and, primarily, on
    collective agreements. Any trade union and employers' association may
    make collective agreements. Nearly all collective agreements are
    branch-specific. The Ministry of Labor and Economy decides on the
    universal validity of the agreement. The parties to collective
    agreements are trade unions and the central organizations of employers'
    associations. The role of the Government has been, when needed, to
    support the conclusion of collective agreements by making the
    appropriate economic policy decisions, such as in cases involving
    taxes.
        Employers of nonunionized workers are required to compensate
    employees at a wage equal to that stipulated by existing collective
    bargaining agreements.
        The law prohibits antiunion discrimination, and there were no
    reports that it occurred during the year.
        There are no export processing zones.

        c. Prohibition of Forced or Compulsory Labor.--The law prohibits
    forced or compulsory labor; however, there were reports that such
    incidents occurred. Men and women were subjected to forced labor in the
    construction industry, restaurants, and as domestic servants.
        Also see the Department of State's annual Trafficking in Persons
    Report atwww.state.gov/g/tip.
        On April 30, the district court in Pietarsaari rejected charges of
    human trafficking against two men of Vietnamese origin who ran an
    ethnic restaurant. The prosecutor alleged the victim was forced to work
    in his relative's restaurant for too many hours per week and for too
    little pay.

        d. Prohibition of Child Labor and Minimum Age for Employment.--The
    law protects children from exploitation in the workplace.
        The law allows children older than the age of 15 to enter a valid
    employment contract as long as work does not interrupt compulsory
    education. Such employment is restricted to no more than nine hours per
    day and 48 hours per week with mandatory minimum daily rest of 12
    hours. Additionally young workers may not work at night after 10:00
    p.m. or in certain conditions that risk health and safety. Children as
    young as the age of 14 may work under more limited circumstances.
        Children younger than 15 years old may be employed for summer work,
    school-related events, modeling, and other similar purposes, but the
    approval of their guardians is required. Even with guardian approval,
    the Occupational Safety and Health office must approve the precise
    employment terms of every young worker, and the working hours are
    limited in all cases. Employers are required to provide work insurance,
    social payments, and a letter of reference for all young workers. The
    law applies to work done by all persons under 18 years of age, whether
    in the private or public sector. In addition to employment
    relationships, the provisions of the act on occupational safety and
    health apply to the practical training of under-18-year-old pupils or
    practical work done at school.
        The Ministry of Employment and the Economy enforces child labor
    regulations; there were no reports of children engaged in work outside
    the parameters established by law.

        e. Acceptable Conditions of Work.--There is no national minimum
    wage law; however, the law requires all employers, including
    nonunionized employers, to pay minimum wages agreed to in collective
    bargaining agreements. The Ministry of Employment and the Economy is
    responsible for labor policy strategy and implementation, improving the
    viability of working life and its quality, and promoting employment.
        The standard workweek established by law is eight hours per day
    with no more than 40 hours of work per week. The Confederation of
    Finnish Industries conducted a study in 2009, which showed that an
    industrial worker had, on average, a 33-hour workweek. Certain
    occupations, such as seamen, household workers, road-transport workers,
    and workers in bakeries, are subject to separate workweek regulations.
    Employees working shifts or during the weekend are entitled to one 24-
    hour rest period per week. Workers are entitled to premium pay for
    overtime work. The law limits a worker to 250 hours of overtime per
    year and 138 overtime hours in any four-month period.
        The Government sets occupational health and safety standards, and
    the Ministry of Social Affairs and Health enforced them effectively.
    The Occupational Safety and Health Administration monitors compliance
    with occupational safety and health legislation, including overseeing
    the employment terms for young workers. The Occupational Safety and
    Health Administration has the right to enter workplaces and to carry
    out health and safety inspections. They receive information and
    analyses necessary for inspection purposes from the employer. The
    administration informs the employer of an inspection in advance, unless
    a surprise inspection is necessary for enforcement purposes. A
    subsequent inspection report gives the employer written advice on how
    to remedy minor defects. In the case of serious violations, the
    inspector issues an improvement notice and monitors the employer's
    compliance with it. When necessary the Occupational Safety and Health
    Administration may issue a binding decision and impose a fine. If the
    hazardous situation involves a risk to life, the inspector may halt
    work on the site or issue a prohibition notice concerning the source of
    risk. Workers have the right to refuse dangerous work situations
    without penalty, and the Government enforced this right in practice.
        The labor and occupational safety laws cover all employees in the
    country, regardless of their nationality. If an employer's response to
    an employee complaint is not satisfactory, unionized employees may
    forward the matter to the relevant trade union. Nonunion employees may
    contact the Occupational Safety and Health Administration for advice
    and guidance.

                                   __________

                                     FRANCE

        France is a multiparty constitutional democracy with a population
    of approximately 64.7 million.\1\ The president of the republic is
    elected by popular vote for a five-year term, and Nicolas Sarkozy is
    the incumbent. The upper house (Senate) of the bicameral parliament is
    indirectly elected through an electoral college, while the lower house
    (National Assembly) is directly elected. Parliamentary and presidential
    elections took place in 2007 and were free and fair. The Union for a
    Popular Movement (UMP) is the majority party in parliament. Security
    forces reported to civilian authorities.
    ---------------------------------------------------------------------------
        \1\ The country includes 11 overseas administrative divisions that
    are also covered in this report. Four overseas territories in French
    Guiana, Guadeloupe, Martinique, and Reunion, have the same political
    status as the 22 metropolitan regions and 100 departments on the
    mainland. Six divisions are overseas ``collectivities:'' French
    Polynesia, Mayotte, Saint-Barthelemy, Saint-Martin, Saint-Pierre and
    Miquelon, and Wallis and Futuna. New Caledonia is a special overseas
    collectivity with a unique status between an independent country and an
    overseas department. Following a March 2009 referendum, Mayotte will
    become the 101st department in 2011. Citizens of these territories
    periodically elect deputies and senators to represent them in
    parliament, like the other overseas regions and departments.
    ---------------------------------------------------------------------------
        The following human rights problems were reported: overcrowded and
    dilapidated prisons; lengthy pretrial detention; protracted
    investigation and trial proceedings; restrictions on religious wear in
    public institutions; societal violence against women; child marriage in
    minority communities; anti-Semitic incidents; trafficking in persons;
    and hostility towards immigrants, Roma, and Travellers.
                            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 July 16, security forces killed Karim Boudouda in an exchange of
    gunfire after he allegedly robbed a casino. The inspector general of
    the national police (IGPN) absolved the police involved because
    Boudouda opened fire first on the police. On July 17, police killed the
    driver of a car who refused to stop at a police checkpoint. According
    to police, the driver hit a police officer at the first checkpoint,
    carrying him on the hood of his car for several hundred yards. At the
    second checkpoint, the driver again refused to stop and drove straight
    at two other police officers, who shot and killed the driver. At the
    end of the year authorities continued to investigate the incident.
        During the year authorities continued investigations into the 2009
    deaths of two detainees while in police custody:
        In June 2009, 69-year-old Ali Ziri died of a heart attack while
    under arrest in Argenteuil. On May 17, the National Commission on
    Security Ethics (CNDS) recommended that the police officers involved be
    sanctioned for their role in his death. The prosecutor's investigation
    continued at year's end.
        In November 2009 Mohamed Boukrourou, a 41-year-old Moroccan
    citizen, died during a police arrest in Valentigney. The case remained
    under investigation at year's end.

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

        c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
    Punishment.--The constitution and law prohibit such practices; however,
    there were occasional accusations of police discrimination and
    degrading treatment.

        Prison and Detention Center Conditions.--Prison and detention
    center conditions generally met international standards for men and
    women, and the Government permitted monitoring visits by independent
    human rights observers. Both credible nongovernmental organizations
    (NGOs) and government officials, however, reported overcrowding and
    unacceptable hygienic conditions.
        Prison overcrowding was a problem. At the end of the year the
    Ministry of Justice and Liberties reported that 60,544 persons were
    incarcerated in the country's 191 prisons, exceeding prison capacity by
    approximately 4,000. However, overcrowding improved compared with 2009,
    when overcapacity reached nearly 7,500.
        Although there were no known deaths in prison due to mistreatment
    or adverse conditions during the year, prison suicides continued to be
    a problem. According to penitentiary officials, there were 72 prison
    suicides between January 1 and August 27, while credible sources in
    NGOs reported 118 prison suicides as of December 31.
        On May 26, a Caen administrative court ordered the Government to
    compensate six plaintiffs 500 to 3,000 euros ($670 to $4,020) each for
    failure to respect human dignity while in prison. On June 11, a Rouen
    administrative court ordered the Government to compensate 38 prisoners
    and former prisoners of Rouen's prison 350 euros to 4,000 euros ($469
    to $5,360) each for lack of basic hygiene in the prison. The Ministry
    of Justice and Liberties appealed the decision. On December 9, a Douai
    administrative court confirmed the judgment against the prison.
        Authorities maintained administrative holding centers for
    foreigners whom they could not immediately deport. There were 24
    holding centers on the mainland and three in the overseas territories.
        On September 29, a judge ruled that the presence of a seven-month-
    old baby in the Metz detention center was illegal because it was
    ``inhumane and degrading treatment.'' The baby was detained along with
    her parents, who were Albanian citizens living illegally in the
    country. The family was released from the detention center, but the
    deportation order remained in place.
        Prisoners and detainees had reasonable access to visitors and were
    permitted religious observance. Authorities permitted prisoners and
    detainees to submit complaints to judicial authorities without
    censorship and to request investigation of credible allegations of
    inhumane conditions. Authorities investigated credible allegations of
    inhumane conditions and documented the results of such investigations
    in a publicly accessible manner. The Government investigated and
    monitored prison and detention center conditions.
        The Inspector General for Places of Detention, an independent
    authority, assures that detainees' fundamental rights are respected. In
    addition detainees may address issues about the prison or justice
    system to the state mediator or his delegate.
        The Government permitted prison visits by independent, local, and
    foreign human rights observers. The UN Committee against Torture (CAT)
    examined the country's prisons during the year. The Council of Europe
    Committee for the Prevention of Torture also conducted an inspection of
    prisons. The reports of these visits were not yet published at year's
    end.
        At the end of the year, 5,767 prisoners were under electronic
    surveillance, a 19.5 percent increase compared with 2009. New prisons
    have gymnasiums, outdoor recreation areas, and family spaces. The
    Ministry of Justice and Liberties increased prisoner access to work,
    sports, libraries, worship, cultural services, education, and training
    programs during the year. On October 28, the Ministries of Justice and
    Liberties, and of Labor, Employment, and Health launched a strategic
    action plan for the period 2010-14 to improve the physical and mental
    health of prisoners and to strengthen the suicide prevention policy.
        To reduce overcrowding, the Government opened four new prisons with
    an additional 1,230 places during the year, with a long-term goal of
    gradually reaching national capacity of 80,000 beds by 2017. The
    Government increased the budget for the prison system by 10 percent, to
    2.1 billion euros ($2.8 billion) during the year. In August 2009 the
    Ministry of Justice and Liberties instituted an action plan to combat
    suicides that included such preventative measures as increasing prison
    guard training, ``humanizing'' inmate living conditions, providing at-
    risk inmates with ``protective kits'' of tearable sheets and blankets
    and flame-retardant mattresses, and implementing a solidarity and alert
    policy among prisoners.

        d. Arbitrary Arrest or Detention.--The constitution and law
    prohibit arbitrary arrest and detention, and the Government generally
    observed these prohibitions. However, lengthy pretrial detention was a
    problem. The Government provided financial compensation in 47 cases of
    wrongful incarceration in 2009, the last year for which data is
    available.

        Role of the Police and Security Apparatus.--Under the direction of
    the Ministry of the Interior, Overseas France, Local Authorities, and
    Immigration, a civilian force of 144,000 national police and a quasi-
    military national gendarmes force of 98,000 maintained internal
    security. In conjunction with specific gendarmes units used for
    military operations, the army is responsible for external security
    under the Ministry of Defense. Police and gendarmes were generally
    considered effective.
        During the year, 60 neighborhood police (police de proximite) units
    worked to curb juvenile delinquency and petty crime in neighborhoods
    with high levels of youth crimes.
        Official impunity was not widespread. The IGPN, the inspector
    general of police services (IGS), and the Office of Judicial Police
    investigated and prosecuted allegations of civil law enforcement
    brutality by all police forces and the gendarmes. The CNDS investigated
    allegations of misconduct by municipal police, gendarmes, and private
    security forces and reported its findings to the prime minister and
    parliament. According to the 2009 CNDS report, the most recent year for
    which data was available, the number of complaints increased by 4
    percent during 2008 to 153 cases, compared with 147 in 2007.
        The CNDS investigates allegations of improper conduct by law
    enforcement officers and helps assure that all persons responsible for
    law enforcement comply with ethical standards. While individuals who
    allege that they have been subjected to police mistreatment do not have
    direct access to the CNDS, their complaints may be referred to the CNDS
    through a member of parliament or other intermediary. In its annual
    global report released on May 27, Amnesty International (AI)
    highlighted cases of excessive force and other abuses by police in the
    country.
        On November 29, police in Colombes used a Taser to subdue a man,
    who died shortly thereafter. Initial autopsy results were inconclusive
    as to the cause of death. On December 12, police in Marseille fired a
    ``flash-ball'' at a man to break-up a violent altercation. The flash-
    ball hit the man in the thorax, and he later died from his injuries.
    The IGS continued to investigate both incidents at the end of the year.
        During the year there were occasional reports that police used
    violence during counterdemonstration operations. On March 19, police
    fired a flash-ball close to a crowd during a demonstration in Toulouse,
    causing a student to lose an eye. Prosecutors filed charges against the
    police officer involved for voluntary aggravated assault. The date of
    the trial was not set at the end of the year. On May 1, police fired a
    flash-ball close to a crowd during a violent demonstration in Neuilly-
    sur-Marne, causing a protester to feel dizzy for several days. At
    year's end the IGS and IGPN were still investigating the incidents.
        On March 24, Marseille's criminal court sentenced a police officer
    to nine years in prison for the rape and sexual assault of five women
    while they were in police custody.

        Arrest Procedures and Treatment While in Detention.--The law
    requires police to obtain warrants based on sufficient evidence prior
    to detaining suspects, but police can immediately arrest suspects
    caught in the act. Individuals have the right to a judicial ruling on
    the legality of their detention during the first hour, and authorities
    generally respected this right in practice. Authorities must inform
    detainees of charges against them once they are in police custody. A
    system of bail exists and was utilized. Detainees generally had access
    to a lawyer, and the state provides legal counsel if the detainee is
    indigent.
        In cases involving terrorism or drug trafficking, the law allows
    longer periods of detention before notification to counsel. Authorities
    may hold such suspects for up to 96 hours without charge or access to a
    lawyer and may petition a judge to extend detention by an additional 48
    hours. Suspects must be either charged or released, after a maximum of
    six days.
        During the year police invoked the antiterrorism law to prolong the
    detention of more than 30 suspected members of the terrorist
    organization Basque Fatherland and Liberty (ETA). At year's end the
    suspected ETA members remained in detention and under investigation.
    The dates of their trials were not set.
        In January, in an unprecedented decision, a criminal court in Paris
    rejected five separate police requests to keep suspects in custody
    without charge on the grounds that defense lawyers could not
    appropriately exercise the defendants' rights while in custody.
        AI criticized the country's system of allowing multiple, successive
    periods of detention during the investigation of an alleged crime and
    accused authorities of inadequate investigations of complaints. During
    the year authorities held suspects in custody without charge in 700,000
    instances. On July 30, the Constitutional Council found that the laws
    regulating custody without charge are unconstitutional. The council
    stated that the custody without charge rules could remain in place
    until July 1, 2011, but need to be abolished thereafter. The law allows
    police to hold anyone suspected of having committed a crime in
    detention for up to 24 hours, which can be extended for an additional
    24 hours regardless of the seriousness of the crime. In very limited
    circumstances involving the most serious crimes, detainees are not
    informed of their right to remain silent or allowed access to a lawyer.
        Long delays in bringing cases to trial and lengthy pretrial
    detention were problems. Pretrial detention was generally allowed only
    if the suspect could be sentenced to more than three years in prison
    for crimes against property. However, a few suspects spent many years
    in detention before trial. According to government statistics for 2007,
    the most recent year for which they were available, the average length
    of pretrial detention was 5.7 months, an increase of 10 percent since
    2001.

        e. Denial of Fair Public Trial.--The constitution and law provide
    for an independent judiciary, and the Government generally respected
    judicial independence in practice. However, delays in bringing cases to
    trial were a problem.
        The Tribunal of the Armies is a military court for acts committed
    outside of the country. The court tries only military personnel. In
    July parliament closed the Tribunal of the Armies effective January 1,
    2011. The Magistrate Court of Paris will assume responsibility for the
    cases of the Tribunal of the Armies.

        Trial Procedures.--The constitution and law provide for the right
    to a fair trial, and an independent judiciary generally enforced this
    right. Defendants enjoy a presumption of innocence. Except for those
    involving minors, trials are public and usually held before a judge or
    tribunal of judges. In cases where the potential punishment exceeds 10
    years' imprisonment, a panel of professional and lay judges hears the
    case. Defendants have the right to be present and to consult with an
    attorney in a timely manner. An attorney is provided at public expense
    if needed when defendants face serious criminal charges. Defendants are
    able to question the testimony of prosecution witnesses against them
    and present witnesses and evidence in their defense. Defendants and
    their attorneys have access to government-held evidence relevant to
    their cases. Defendants have a right to appeal.

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

        Regional Human Rights Court Decisions.--During the year the
    European Court for Human Rights (ECHR) found 27 violations by the
    Government of the European Convention on Human Rights. On October 14,
    the ECHR ruled that the country's custody without charge procedures did
    not provide for due process. The court stated that persons held in
    custody must have access to a lawyer from the beginning and during all
    interrogations and had the right to remain silent. However, the
    Constitutional Council had previously ruled on July 30 that the
    country's custody without charge rules were unconstitutional and must
    be abolished by July 1, 2011.
        In general the Government complied with ECHR decisions.

        Civil Judicial Procedures and Remedies.--There is an independent
    and impartial judiciary in civil matters and access to a court to bring
    lawsuits seeking damages for, or cessation of, human rights violations.

        f. Arbitrary Interference With Privacy, Family, Home, or
    Correspondence.--The constitution and law prohibit such actions, and
    the Government generally respected these prohibitions in practice. A
    2009 report by the independent government agency, the CNDS, described a
    quasi-systematic practice of strip searches during secondary inspection
    by the national police. The practice continued during the year.
    However, detainees were no longer searched a second time if they were
    transferred from the national police to the gendarmerie.
    Section 2. Respect for Civil Liberties, Including:

        a. Freedom of Speech and Press.--The constitution and law provide
    for freedom of speech and of the press, and the Government generally
    respected these rights in practice. An independent press, an effective
    judiciary, and a functioning democratic political system combined to
    ensure freedom of speech and of the press.
        There were some limitations of freedom of speech and of the press.
    Strict antidefamation laws prohibit racially or religiously motivated
    verbal and physical abuse. Written or oral speech that incites racial
    or ethnic hatred as well as denial of the Holocaust and crimes against
    humanity are illegal. Authorities may deport a noncitizen for publicly
    using ``hate speech'' or constituting a threat of terrorism. On
    November 9, the Government for the second time deported a ``radical''
    imam, Ali Ibrahim el-Soudany, to Egypt for his hostile comments about
    the West. Interior Minister Hortefeux stated that government
    authorities had been following el-Soudany's increasingly ``dangerous''
    preaching since 2008. He was previously deported in January but managed
    to reenter the country.
        On October 21, the NGO SOS Racism filed a lawsuit against perfumer
    Jean-Paul Guerlain following an October 15 national television
    interview about a new perfume he produced. During the interview he used
    a racial epithet for ethnic Africans. A trial date was not set at the
    end of the year.
        On December 15, the Fort-de-France criminal court convicted
    businessman Alain Huygues-Despointes for praising crimes against
    humanity. The conviction stemmed from a February 2009 television
    interview he gave where he said there were ``positive aspects'' of
    slavery and criticized mixed-race marriages because he said he wanted
    to ``preserve'' his race. The judge ordered him to pay a 7,500-euro
    ($10,050) fine. His lawyers said that he would appeal the ruling.
        Individuals could criticize the Government publicly or privately
    without reprisal. The independent media were active and generally
    expressed a wide variety of views without restriction. The law
    prohibits primetime advertising from state-funded television networks
    and authorizes the president to name the head of public broadcasting.
        On August 23, the president named Remy Pfimlin as the head of
    public broadcasting. The same day, Pfimlin fired journalist Arlette
    Chabot, who served as news director for France 2 television. Chabot had
    previously broadcast news pieces critical of the president, and the
    president had complained openly about public broadcasting's treatment
    of government policy in its news reports.
        On January 4, parliament passed a law that provides additional
    protections to journalists and limits the instances where the
    Government can compel them to reveal their sources. Under the law
    journalists can only be compelled to reveal sources in cases where
    serious crimes have taken place and access to the sources is required
    to complete the investigation.
        On September 13, the newspaper Le Monde filed a lawsuit against the
    president's office, alleging that it violated the law providing for the
    secrecy of journalistic sources by ordering counterintelligence
    services to find the source of a leak in its investigation of a
    government corruption scandal. The case continued 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.
    According to International Telecommunication Union statistics for 2009,
    approximately 72 percent of the country's inhabitants used the
    Internet. There were no reports that the Government attempted to
    collect the personally identifiable information of a person in
    connection with that person's peaceful expression of political,
    religious, or ideological opinions or beliefs.

        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 freedoms of assembly and association, and the
    Government generally respected these rights in practice.

        c. Freedom of Religion.--For a complete description of religious
    freedom, please see the 2010 International Religious Freedom Report at
    http://www.state.gov/g/drl/irf/rpt

        d. Freedom of Movement, Internally Displaced Persons, Protection of
    Refugees, and Stateless Persons.--The constitution and law provide for
    freedom of movement within the country, foreign travel, emigration, and
    repatriation, and the Government generally respected these rights in
    practice. The Government cooperated with the Office of the UN High
    Commissioner for Refugees and other humanitarian organizations in
    providing protection and assistance to internally displaced persons,
    refugees, asylum seekers, stateless persons, and other persons of
    concern.
        The law prohibits forced exile, and the Government did not employ
    it.
        The law requires persons engaged in itinerant activities with a
    fixed domicile to sign a declaration that must be renewed periodically.
    Itinerant persons without a fixed abode must possess travel documents,
    which are renewed every three months, and must choose a city of
    residence for administrative purposes.
        On July 28, President Sarkozy made a speech linking increased crime
    rates with the Romani and Traveller communities. He announced that the
    Government planned to dismantle 300 unauthorized camps within three
    months and to repatriate Roma living illegally in the country to their
    countries of origin. According to EU and the country's regulations,
    Romanian and Bulgarian citizens (who comprised the bulk of the Romani
    migrants) may remain in the country for a maximum of three months
    unless they are employed or enrolled in school.
        The Government offered Roma living illegally in the country
    voluntary repatriation. It provided each person who accepted voluntary
    repatriation with a plane ticket and 300 euros ($402) per adult and 100
    euros ($134) per child. Those who did not accept voluntary repatriation
    were processed for deportation. While immigration judges approved most
    deportation orders, they refused some. According to government
    officials, authorities deported 977 Romanian and Bulgarian Roma from
    the country between July 28 and August 29. NGOs reported that many Roma
    who accepted voluntary repatriation returned to the country by the end
    of the year.
        Although the Government had been conducting similar deportations
    for several years with very little media attention, the publicity
    surrounding the dismantling of unauthorized settlements and subsequent
    deportations created significant public debate over the policy. NGOs,
    including AI, Human Rights Watch, and the European Roma Rights Center,
    accused the Government of engaging in actions that served to stigmatize
    a minority group. The UN Committee on the Elimination of Racial
    Discrimination, the European Parliament, and other intergovernmental
    bodies also lodged concerns over the policy. In mid-September, European
    Commission Vice President Viviane Reding announced the initiation of
    legal proceedings against the country. The Government maintained that
    it was only enforcing EU and national law and called on the EU to do
    more to promote Romani integration throughout Europe. On October 19,
    the EU announced that it had suspended its legal actions against the
    Government because authorities had made sufficient commitment to assure
    that procedural safeguards affecting the free movement of EU citizens
    were in place.

        Protection of Refugees.--The country's laws provide for the
    granting of asylum or refugee status, and the Government has
    established a system for providing protection to refugees. The system
    for granting refugee status was active and accessible.
        Although asylum application forms submitted to the Office for the
    Protection of Refugees and Stateless Refugees (OFPRA) must be completed
    in French, application instructions were available in English,
    Albanian, Russian, Serbo-Croatian, Turkish, Tamil, and Arabic.
        In practice the Government provided protection against the
    expulsion or return of persons to countries where their lives or
    freedom would be threatened because of race, religion, nationality,
    membership in a particular social group, or political opinion.
    Authorities take into account the ability of the state concerned to
    offer protection to the person in danger from persecution by nonstate
    agents. However, in May human rights groups criticized the Government's
    expulsion practices, pointing out that the Government was deporting
    illegal Afghan immigrants back to a war-torn country. As of December 1,
    the Government had deported 25,511 illegal immigrants according to
    Interior Ministry statistics.
        During the year the CAT criticized the country's treatment
    procedures to expedite the cases of asylum seekers and to expel those
    rejected to countries where they risked torture, cruel sentences, or
    inhumane or degrading treatment. The CAT also expressed concerns about
    persistent allegations of poor treatment of asylum seekers by police.
        In 2009 Prime Minister Francois Fillon promised to aid the city of
    Paris in providing lodging and medical care for up to 700 unaccompanied
    foreign minors and identified 70 Afghan exiles for lodging at the
    Welcome Center for Asylum Seekers. Nevertheless, NGOs reported the
    continuing presence of dozens of homeless Afghan youths near the Canal
    Saint-Martin in the 10th district of Paris at year's end.
        The Government also provided temporary protection to individuals
    who may not qualify as refugees but who may be exposed to certain
    serious risks if they returned to their country of origin. The
    Government granted temporary protection to 10,373 persons in 2009,
    according to OFPRA. Individuals may renew their status for a period of
    one year.

        Stateless Persons.--According to OFPRA statistics, there were 1,078
    stateless persons in the country at the end of 2009. Stateless persons
    receive benefits from OFPRA, which is charged with the implementation
    of international conventions on refugees and stateless persons.
    Citizenship is derived both from one's parents and from one's place of
    birth. A child born in the country to foreign parents may acquire
    citizenship at birth if stateless.
    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.
    Political parties generally operated without restriction or outside
    interference.
        Travellers (an itinerant group of individuals that may also include
    Roma if they do not have fixed abodes) were permitted to vote in
    municipal elections only after a three-year period of ``attachment'' to
    a municipality. Romani and Traveller groups asserted that this
    requirement, which is based on special legislation applying only to
    itinerant groups, was discriminatory, since other French and EU
    citizens, including homeless persons, were able to vote after only a
    six-month attachment period.

        Elections and Political Participation.--The 2007 national
    parliamentary and presidential elections were considered free and fair.
    On March 14 and 21, the country held regional elections that
    independent observers considered free and fair.
        As a result of the September 2008 senatorial elections, 182 women
    sat in the two chambers of the 920-seat parliament, 107 in the National
    Assembly and 75 in the Senate. At the end of the year there were 11
    female ministers in the 31-member ministerial cabinet. Women made up 48
    percent of regional council members, 13 percent of departmental council
    members, and 35 percent of municipal council members. They held two
    presidencies of the 22 regional councils, five presidencies of the 96
    mainland departmental councils, and 14 percent of mayoral positions.
    The law requires political parties to present candidate lists
    containing equal numbers of male and female candidates or face fines.
    Following the 2007 legislative elections, the UMP was fined four
    million euros ($5.4 million), and the Socialist Party was fined 500,000
    euros ($670,000) for not including equal numbers of female candidates
    on their candidate lists.
        Because the law prohibits the Government from collecting
    information on the racial or ethnic background of residents of the
    country, no statistics on minority participation in the Government were
    available. With the exception of parliamentary representatives from
    some of the overseas territories where the populations were
    predominantly of non-European origin, minorities appeared to be
    significantly underrepresented in the Government. As of year's end
    there was only one black member of the National Assembly. During his
    tenure President Sarkozy has appointed six female minority officials to
    his cabinet.
    Section 4. Official Corruption and Government Transparency
        The law provides criminal penalties for official corruption, and
    the Government generally implemented these laws effectively. There were
    some reports of government corruption during the year.
        On April 30, Senator and former interior minister Charles Pasqua
    was convicted of corruption when he was interior minister during the
    1990s. The judge gave him a one-year suspended sentence.
        On August 24, former president Jacques Chirac and Paris mayor
    Bertrand Delanoe reached a settlement in Paris magistrate court for
    alleged corruption when Chirac was mayor of Paris from 1977 to 1995.
    According to media reports, Chirac will pay the city 550,000 euros
    ($737,000) in exchange for the city's withdrawing a civil complaint.
    The Government was pursuing criminal charges at year's end.
        The IGS, IGPN, and the Inspectorate of the National Gendarmerie
    actively investigated and prosecuted allegations of police and gendarme
    corruption. The IGPN reported that 3,109 police officers were punished
    for misconduct in 2009, the last year for which data was available.
    However, AI accused the Government of failing to punish properly all
    cases of police misconduct and corruption.
        On December 10, Bobigny's criminal court sentenced seven police
    officers to terms of from six months to one year in prison for
    falsifying a police report. The convictions stem from an incident on
    September 9 in which a police car involved in a chase injured an
    officer, but in the police report the officers involved stated that the
    driver of the car being pursued was responsible for the injury.
        The president, parliamentarians, members of the European
    Parliament, ministers, regional and departmental council heads, mayors
    of larger communities, and directors of state-owned companies (post
    office, railway, and telephone) are required to declare their personal
    assets to the Commission for the Financing Transparency of Political
    Life at the beginning and the end of their terms. The commission issued
    periodic reports on officials' financial holdings on a discretionary
    basis at least once every three years.
        The law provides for public access to government information, and
    the Government provided access in practice for citizens and
    noncitizens, including foreign media.
    Section 5. Governmental Attitude Regarding International and
            Nongovernmental Investigation of Alleged Violations of Human
            Rights
        A wide variety of domestic and international human rights
    organizations generally operated, investigated, and published their
    findings on human rights cases without government restrictions.
    Government officials were cooperative and responsive to their views.
        The High Authority for the Struggle against Discrimination and for
    Equality (HALDE) is the independent administrative authority that
    judges all discrimination, direct or indirect, that is prohibited by
    law or an international agreement to which the country is a party.
        The National Consultative Commission on Human Rights serves in an
    advisory role to the Government on human rights and produces an annual
    report on racism and xenophobia in the country.
    Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
        The constitution and law prohibit discrimination based on race,
    gender, disability, language, or social status, and the Government
    generally enforced these prohibitions.

        Women.--The law criminalizes rape, including spousal rape, and the
    Government generally enforced the law effectively. The penalty for rape
    is 15-years' imprisonment and may be increased due to the age of the
    victim or the nature of the relationship of the rapist to the victim.
    The Government and NGOs provided shelters, counseling, and hotlines for
    rape victims. The Ministry of the Interior, Overseas France, Local
    Authorities, and Immigration reported that the number of reported rapes
    decreased by 4.2 percent from 10,277 in 2008 to 9,842 in 2009, the last
    year for which data was available. A report published by three NGOs
    estimated that there are 75,000 victims of rape each year. The Ministry
    of Justice and Liberties reported that 2,151 persons were convicted of
    rape in 2008, the last year for which data was available. On November
    24, three NGOs launched a national campaign to raise awareness about
    rape.
        Violence against women was a problem. The law prohibits domestic
    violence against women, including spousal abuse, and the Government
    generally enforced it. The penalty for domestic violence varies
    according to the type of crime and ranges from three years in prison
    and a fine of 45,000 euros ($60,300) to 20 years' imprisonment. The
    Government sponsored and funded programs for female victims of
    violence, including shelters, counseling, hotlines, and free mobile
    phones. The Government also supported the work of 25 associations and
    NGOs dedicated to fighting domestic violence by labeling them a ``great
    national cause'' for the year. The Government funded a media campaign
    to combat domestic violence. The Government reported that 140 women
    were killed by their spouses in domestic violence in 2009, an 18
    percent decrease from 2008, when 165 women were killed. According to
    estimates by the National Institute for Statistics and Economic Studies
    (INSEE), 675,000 women were victims of domestic violence during 2008
    and 2009.
        On July 9, parliament passed a law combating violence against
    women. It strengthened protection for victims by providing a
    provisional ``protection order'' for at-risk women, especially those
    threatened by forced marriage or female genital mutilation (FGM), who
    have filed a complaint against their spouses or abusers. It also
    provides for increased legal protection for foreign nationals and
    undocumented immigrants who are victims of abuse.
        The law prohibits FGM as ``violence involving mutilation or
    permanent infirmity.'' It is punishable by up to 10 years in prison and
    a fine of 150,000 euros ($201,000). The sentence increases to 20 years
    if the crime involves a minor under 16 years of age. The statute of
    limitations for FGM is 20 years after the victim turns 18 years old.
        According to the Group for the Abolition of Sexual Mutilations,
    65,000 female adults and minor women were either victims of FGM or
    under threat of it, while the National Institute for Demographic
    Studies reported that 53,000 women were under threat of FGM during the
    year. Government estimates concurred with NGO estimates.
        The majority of FGM victims were recent sub-Saharan African
    immigrants or their children. One study concluded that FGM had become
    less prevalent due to awareness campaigns, but prevention and
    information efforts were needed to cover children at risk during family
    visits to their countries of origin. The Government provided
    reconstructive surgery and counseling for FGM victims.
        Sex tourism to other countries remained a problem. The Government
    created a Web site where individuals could report cases. It also funded
    campaigns on child prostitution on all major television channels and
    worked with Air France to raise tourists' awareness. The Ministry of
    Economy, Industry, and Employment mandated that all tourism students
    complete courses designed to develop awareness of the problem of sex
    tourism. The Ministry of Foreign and European Affairs researched
    indicators of child sex tourism abroad in order to warn tourists of
    child sex tourism sites and monitored sex tourism data. The law
    includes extraterritorial provisions that apply domestic law to sexual
    offenses committed abroad by citizens or residents of the country.
        On January 21, a joint sting operation by the country's police and
    Cambodian police against a pedophilia ring operating in Phnom Penh led
    to the arrest of two Cambodian citizens charged with child prostitution
    and one U.S. citizen charged with indecent acts with three minors.
        On April 2, the Central Office for the Repression of Violence
    against People arrested for pedophilia and sex tourism a French citizen
    returning from Cambodia. The suspect remained in protective custody
    awaiting trial at the end of the year.
        On September 10, a Paris court found Jean-Claude Chamoux guilty of
    raping more than 10 girls in Thailand in 2005. The court sentenced
    Chamoux to 15 years in prison.
        The law prohibits gender-based job discrimination and harassment of
    subordinates by superiors, but it does not apply to relationships
    between peers. Sexual harassment was not widely considered a problem in
    the workplace. Both the Government and NGOs widely publicized the laws,
    and the Government enforced them effectively. According to the Ministry
    of the Interior, Overseas France, Local Authorities, and Immigration,
    the number of reported sexual harassment cases dropped by 12 percent
    from 2006 to 2007, the most recent year for which data was available;
    the statistics did not specify the gender of the victims. The new law
    to combat violence against women adopted on July 9 increases the
    penalty for sexual harassment to 15,000 euros ($20,100) and one year in
    prison.
        There was easy access to contraception, skilled attendance during
    childbirth, and women were diagnosed and treated for sexually
    transmitted infections, including HIV, equally with men. Couples and
    individuals were able to decide freely and responsibly the number,
    spacing, and timing of their children and had both the information and
    means to do so free from discrimination, coercion, and violence.
    According to data compiled by international organizations, the maternal
    mortality rate in the country in 2008 was eight deaths per 100,000 live
    births.
        Under the constitution and law, women have the same rights as men
    in family law, property law, and the judicial system. The secretary of
    state for solidarity is responsible for the legal rights of women. The
    constitution and law provide for equal access to professional and
    social positions. The law requires that women receive equal pay for
    equal work. However, various governmental organizations and NGOs
    estimated that there was a gender-based pay discrepancy of
    approximately 27 percent in practice. Although they made up 58.5
    percent of the public sector's workforce, women were underrepresented
    in managerial jobs and continued to face difficulties attaining
    positions of responsibility. According to a survey of the top 500
    companies in the country released during the year, 8 percent of
    executive-board members were women.
        Women were generally underrepresented in the legislature and other
    levels of government leadership. According to the Observatory for
    Parity between Men and Women, in May the unemployment rate was 9.6
    percent for women compared to 8.1 percent for men.

        Children.--Citizenship is derived both from one's parents and the
    place of one's birth. Children born within the country's territory to
    at least one French citizen parent automatically acquire citizenship at
    birth. A child born in the country to foreign parents may acquire
    citizenship at birth if stateless or acquire the right at the age of 18
    with five years of residence.
        There are strict laws against child abuse by parents or guardians,
    and the Government generally enforced the law effectively and
    prosecuted abusers. On January 26, parliament passed a law making
    incest a crime. Previously authorities prosecuted incest under laws
    that prohibit rape and sexual assault.
        The law provides for a government children's advocate, a position
    charged with defending and promoting children's rights as defined by
    law. Child abuse was generally not considered a problem.
        The Government provided counseling, financial aid, foster homes,
    and orphanages for abuse victims. Various NGOs also helped minors seek
    justice in cases of mistreatment by parents.
        The minimum legal age of marriage is 18 years old. Child marriage
    was a problem, particularly in communities of African or Asian origin.
    Although such marriage ceremonies took place primarily outside of the
    country, authorities took steps to address the problem. Parents may be
    prosecuted in these cases. Women and girls could seek refuge at
    shelters if their parents or guardians threatened them with a forced
    marriage. The Government offered some educational programs to inform
    young women of their rights. The High Council for Integration stated it
    was important to distinguish between arranged and forced marriage.
    According to human rights observers, 70,000 children between the ages
    of 10 and 18 were at risk of being forced into a marriage.
        The law criminalizes statutory rape of minors under the age of 16,
    the minimum age of consensual sex, and the Government generally
    enforced the law effectively. The penalty for statutory rape is 15
    years' imprisonment and may be increased due to the age of the victim
    or the nature of the relationship of the rapist to the victim. The
    Government and NGOs provided shelters, counseling, and hotlines for
    statutory rape victims. The law prohibits child pornography, and the
    maximum penalty for its use and distribution is five years'
    imprisonment and a 75,000-euro ($100,500) fine.
        Three members of the national soccer team were under investigation
    for soliciting sex from an underage prostitute. Police questioned the
    players involved, and the investigation continued at the end of the
    year.
        On May 20, police dismantled a child prostitution ring in Bordeaux.
    They arrested nine Bulgarian nationals, accusing them of aggravated
    pimping. They face 15 years' imprisonment and a fine of three million
    euros ($4 million). Authorities placed the victims in foster care. The
    trial date was not set at year's end.
        On November 30, police dismantled a child forced begging ring in
    Montpellier. They arrested 19 persons from the former Yugoslavia,
    accusing them of organized theft and human trafficking. The trial date
    was not set at year's end.
        The country is a party to the 1980 Hague Convention on the Civil
    Aspects of International Child Abduction. For information on
    international parental child abduction, please see the Department of
    State's annual report on compliance at http://travel.state.gov/
    abduction/resources/congressreport/congressreport--4308.html. as well
    as country-specific information at http://travel.state.gov/abduction/
    country/country--3781.html.

        Anti-Semitism.--The Jewish community was estimated to number
    600,000 persons. There were reports of a number of anti-Semitic
    incidents during the year, including slurs against Jews and attacks on
    synagogues and cemeteries. According to the Ministry of Interior,
    Overseas France, Local Authorities, and Immigration, during the year
    there were 466 anti-Semitic incidents. During the year the Protection
    Service of the Jewish Community (SPCJ) also reported 131 anti-Semitic
    acts and 335 threats. There was a 46 percent reduction in anti-Semitic
    incidents in the year compared with 2009. The SPCJ, the Anti-Defamation
    League, and NGO National Center for Vigilance Against Anti-Semitism,
    however, each reported an increase in anti-Semitic acts following the
    May 31 Gaza flotilla incident. A representative from the French Council
    for the Jewish Faith expressed satisfaction with the Government's
    response in the wake of the flotilla incident, noting that places of
    worship were secured, police cordons prevented protests from turning
    violent, and local officials remained in contact with Jewish community
    leaders.
        During the year violent attacks were reported. On September 3,
    eight adolescents attacked a 30-year-old Russian citizen with a knife
    following a verbal dispute in a Paris park. According to the victim's
    lawyer, the adolescents only began to attack him after they noticed he
    was wearing a Star of David around his neck. The police arrested three
    minors, whom they later released. The public prosecutor's office
    immediately appealed the decision to release the minors. The judge in
    charge of the judicial investigation stated that he would prosecute the
    case as a religious hate crime. A trial date was not set at the end of
    the year. On April 30, two assailants attacked David Pariente, a Jewish
    man wearing a yarmulke, with a knife and an iron rod in Strasbourg.
    Police immediately apprehended two suspects. Police released an
    individual identified as a witness in the attack and on May 2 charged
    the assailant, a 38-year-old Algerian national, with attempted
    aggravated murder. A trial date was not set at the end of the year.
        In July 2009 a Paris court sentenced Youssouf Fofana to life in
    prison with no possibility of parole for 22 years and convicted 26
    members of the ``gang of barbarians'' for the 2006 kidnapping, torture,
    and killing of a Jewish man, Ilan Halimi. Two of Fofana's most active
    accomplices received sentences of 15 and 18 years in prison, and others
    received prison sentences ranging from six months to nine years.
    Prosecutors appealed the relatively light sentences given to 17 of his
    26 accomplices, asking that the judge increase them. On December 17,
    the judge increased the sentences for Fofana's two primary accomplices
    to 18 years and confirmed the sentences for the other accomplices.
        During the year there were a number of attacks against Jewish
    property and cemeteries reported, including the following examples:
        On January 27 and again in late July, graves in a Jewish cemetery
    in Strasbourg were desecrated with swastikas. President Sarkozy
    criticized the January incident as ``intolerable'' and a demonstration
    of the ``the hideous face of racism.'' Police continued to investigate
    the incident at the end of the year.
        On May 2, a 78-year-old Jewish man was attacked in Nimes with tear
    gas in front of the synagogue, which was then vandalized with anti-
    Semitic slurs, according to press reports. Police arrested a suspect,
    but a trial date was not set at the end of the year.
        On June 7, in Metz, a Molotov cocktail was thrown at a Jewish
    nursing home, although no damage was reported. Following an
    investigation, one person confessed to the crime. A judge gave him a
    10-month suspended sentence and ordered him to pay a fine of 500 euros
    ($670) and complete 210 hours of community service.

        Trafficking in Persons.--For information on trafficking in persons,
    please see the Department of State's annual Trafficking in Persons
    Report at www.state.gov/g/tip.

        Persons With Disabilities.--The constitution and law prohibit
    discrimination against persons with physical, sensory, intellectual,
    and mental disabilities in employment, education, access to health
    care, and the provision of other government services. The Government
    generally enforced these provisions effectively.
        During the year according to the Observatory for Inequalities, 19
    percent of persons with disabilities were unemployed, twice the
    national unemployment rate. The law requires companies with more than
    20 employees to provide that persons with disabilities make up 6
    percent of the company work force. Noncompliant companies could face
    criminal fines that benefit the National Association for the
    Professional Integration of the Disabled, an organization of workers
    and employers unions that funds training for professionals with
    disabilities. However, many companies admitted to being unaware of
    their legal obligations. On average persons with disabilities made up
    approximately 5 percent of the work force of companies that were
    subject to the law.
        The law provides for government compensation to persons for the
    consequences of a disability and requires that buildings, education,
    and employment be accessible to them. The law requires that any new
    building with public or community space and any existing public
    building be accessible for persons with disabilities. Many existing
    buildings as well as transportation systems did not yet meet these
    requirements. The law also requires the establishment of centers in
    each administrative department to assist disabled persons with
    receiving compensation and employment assistance.
        On September 13, the president announced that social security
    payments to adults with disabilities would continue to increase by 5
    percent per year until 2012. The increases, which began in 2007, would
    total 25 percent by 2012. During the year the Government paid adults
    with disabilities 696.63 euros ($933.48) per month.

        National/Racial/Ethnic Minorities.--Societal violence and
    discrimination against the country's large immigrant population
    remained a problem. The problem continued to be particularly severe on
    the island of Corsica, where attacks caused some families to move to
    the mainland or to return to their countries of origin. During the year
    authorities reported 81 bombings or attempted bombings as well as 16
    murders and 14 attempted murders in Corsica. The Government publicly
    criticized and addressed incidents of violence against immigrants.
        On June 4, a magistrate court in Paris found Minister of the
    Interior, Overseas France, Local Authorities, and Immigration Brice
    Hortefeux guilty of racial slander. The charges were related to racist
    remarks that he made on camera at a political party event in September
    2009. The court fined him 750 euros ($1,005) and ordered him to pay
    2,000 euros ($2,680) to an antiracism organization. Both sides filed an
    appeal. The NGO Movement against Racism and for Friendship between
    Peoples continued to call for the minister's resignation.
        On June 29, the criminal court of Creteil fined the former prefect
    and local coordinator for Reunion, Paul Girot de Langlade, 5,000 euros
    ($6,700) for racial slander. The penalty stemmed from a July 2009
    complaint filed by a security employee of Caribbean origin at Orly
    Airport.
        On October 28, a group of armed and masked assailants attacked a
    Romani settlement in the Parisian suburb of Triel-sur-Seine, home to an
    estimated 30 families. Witnesses reported that the attackers arrived
    around 2:00 a.m. in a car with a siren and were dressed as police
    officers. Carrying nightsticks and pistols, they broke down the doors
    of several caravans and began harassing the occupants. The attackers
    allegedly forced one woman to strip naked and robbed the residents of
    their identification documents. Authorities continued to investigate
    the incident at year's end.
        Many observers expressed concern that discriminatory hiring
    practices in both the public and the private sectors prevented
    minorities from sub-Saharan Africa, the Maghreb, the Middle East, and
    Asia from equal access to employment.
        According to a 2009 survey by INSEE, the unemployment rate of
    immigrants was nearly twice as high as that of nonimmigrants (16
    percent versus 8.4 percent). A survey by INSEE showed that children of
    immigrants also had higher unemployment rates than did the children of
    two French parents. According to the report, lower levels of education
    and experience for the children of immigrants were only partly
    responsible for the higher unemployment rate.
        Travellers' organizations alleged that both itinerant Travellers
    and those with fixed abodes faced discrimination in education, housing,
    and access to government services. Housing and other discrimination
    problems were particularly acute for Travellers, as some mayors denied
    school registration to children whose parents lived in illegal
    campsites. Travellers benefited from a special status that authorizes
    children discontinuous school attendance without justification. School
    registration rates for Travellers were 66.7 percent in kindergarten,
    81.8 percent in primary schools, and 78.8 percent in high school, but
    absenteeism and breaks within the education system were frequent.
    According to a survey conducted by the NGO collective Romeurope that it
    released in February, between 5,000 and 7,000 Romani children living in
    the country were not enrolled in school.
        Travellers were subject to laws that did not apply to residents
    with permanent residences. Individuals over the age of 16 not settled
    in one place must have a periodically renewed travel permit. Any delay
    in renewal entails a maximum fine of 1,500 euros ($2,010). Authorities
    did not consider Traveller caravans to be housing. As a result, they
    were not entitled to housing assistance.
        The law requires municipalities with more than 5,000 inhabitants to
    provide a camping site with facilities and access to water and
    electricity. As of year's end, more than half of the municipal
    authorities had established 16,000 campsites. However, there was still
    a shortage estimated at over 20,000 sites (according to authorities) or
    up to 60,000 sites (according to NGOs). At the end of the year,
    approximately 5,000 additional campsites were under construction or
    slated for construction.
        Citizens may report cases of discrimination based on national
    origin and ethnicity to HALDE. During the year HALDE received 12,000
    discrimination claims, half of which regarded employment. HALDE issued
    opinions on approximately 300 cases per year and offered mediation for
    hundreds more.
        The Government attempted to combat racism and discrimination
    through programs that promoted public awareness and that brought
    together local officials, police, and citizen's groups. Some public
    school systems also managed antidiscrimination educational programs.
    The 2008 plan, Hope for the Suburbs, combined security, employment,
    housing, and education measures into a package of initiatives to
    improve living conditions and opportunities for the citizens,
    particularly youth, of the country's multiracial suburbs.
        In September the Government opened 13 boarding schools for
    promising high school students from poor and immigrant families. On May
    25, Prime Minister Fillon launched a new consultative body, the
    National Council for Urban Zones. He also announced plans to rezone
    underprivileged suburbs and to redistribute government money to target
    areas with the greatest need. Nevertheless, implementation of Hope for
    the Suburbs plan continued to be slow.

        Societal Abuses, Discrimination, and Acts of Violence Based on
    Sexual Orientation and Gender Identity.--The law prohibits
    discrimination on the basis of sexual orientation. Authorities pursued
    and punished perpetrators of violence against lesbians, gays,
    bisexuals, and transgender persons (LGBT). The NGO SOS Homophobia
    reported 1,259 homophobic acts in 2009. It reported that there were 88
    instances of physical assault, a 33 percent decrease compared with
    2008. After the NGO Inter-LGBT claimed that gay and lesbian minors were
    frequently targeted for violence, the Ministry of National Education,
    Youth, and Community Life responded by asking schools to introduce
    lessons on tolerance and diversity.
        During the year LGBT organizations held at least eight gay pride
    marches. The Government authorized them and provided sufficient
    protection to marchers.

        Other Societal Violence or Discrimination.--There was no societal
    violence or discrimination against persons with HIV/AIDS.
    Section 7. Worker Rights

        a. The Right of Association.--The constitution and law provides
    workers, including migrant workers, the right to form and join unions
    of their choice without previous authorization or excessive
    requirements, and workers exercised these rights in practice on the
    mainland as well as in the overseas territories. Approximately 9
    percent of the workforce maintained formal union membership. The law
    allows unions to conduct their activities without interference, and the
    Government protected this right in practice. Workers, with the
    exception of certain essential service workers such as police and armed
    forces, have the right to strike except when a strike threatens public
    safety. Workers exercised this right by conducting legal strikes during
    the year. Healthcare and public transport workers are required to
    provide a minimum level of service even during strikes. Laws and
    regulations prohibit retaliation against strikers, and these laws were
    effectively enforced.

        b. The Right to Organize and Bargain Collectively.--The law
    provides for the right to bargain collectively, and workers exercised
    this right freely. Approximately 90 percent of workers in the formal
    economy operated under collective bargaining agreements negotiated by
    trade union representatives.
        Although the law prohibits antiunion discrimination, union
    representatives noted occasional reports of antiunion discrimination,
    particularly in small companies.
        There are no special laws or exceptions from regular labor laws in
    the country's three export-processing zones.

        c. Prohibition of Forced or Compulsory Labor.--The law prohibits
    forced or compulsory labor, including by children. However, there were
    reports that such practices occurred. Also see the Department of
    State's annual Trafficking in Persons Report at http://www.state.gov/g/
    tip.
        Men, women, and children, mainly from Eastern Europe, West Africa,
    and Asia, continued to be trafficked for the purpose of forced labor,
    including domestic servitude.
        Although there are strict laws against trafficking in persons for
    domestic labor, the press reported cases of forced child labor in
    households, but no government statistics were available. The press
    reported that some African boys were victims of trafficking and lured
    into forced labor within the professional soccer industry. During the
    year the Committee against Modern Slavery received 239 complaints and
    provided assistance to 127 victims, the majority of whom were women
    working in domestic labor.

        d. Prohibition of Child Labor and Minimum Age for Employment.--The
    law prohibits most forms of child employment, and the Government
    generally implemented laws and policies to protect children in the
    workplace effectively. The minimum age for employment is 16 years old.
    There are exceptions for those enrolled in certain apprenticeship
    programs or working in the entertainment industry; however, these
    industries are subject to further regulation of conditions and work
    hours and for minors. Persons under the age of 18 are generally
    prohibited from performing work considered arduous or working between
    10:00 p.m. and 6:00 a.m. Labor inspectors from the Ministry of Labor,
    Employment, and Health investigated workplaces and generally enforced
    compliance with child labor laws.

        e. Acceptable Conditions of Work.--On January 1, the Council of
    Ministers raised the national minimum wage to 8.86 euros ($11.87) per
    hour. The Ministry of the Economy, Industry, and Employment enforced
    the new wage. The minimum wage provided a decent standard of living for
    a worker and family. Salaries below the minimum wage were permitted for
    certain categories of employment, such as persons in subsidized jobs
    and internships, which must conform to separate, clearly defined
    standards. Employers, except those in the informal economy, generally
    adhered to the minimum wage requirement.
        The official workweek is 35 hours. Companies may negotiate opt outs
    with employees. The maximum number of working days for white-collar
    workers is 235 days per year. Maximum hours of work are fixed at 10
    hours per day, 48 hours per week, and an average of 44 hours per week
    over a 12-week work period. Employees are entitled to a daily rest of
    at least 11 hours and a weekly break of at least 24 hours total, not
    including the daily rest period. Employers are required to give workers
    a 20-minute break during a six-hour workday. Premium pay of 25 percent
    is mandatory for overtime and on weekends and holidays. These standards
    were effectively enforced.
        The law sets basic occupational health and safety standards. The
    Ministry of Labor, Solidarity, and Public Sector is responsible for
    enforcing the law and did so effectively. Workers have the right to
    remove themselves from situations that endanger their health or safety
    without jeopardy to their employment, and the Government effectively
    enforced this right.
        There were press reports that undetermined numbers of undocumented
    immigrants experienced substandard pay and working conditions,
    particularly in the textile and agriculture sectors. Undocumented
    immigrants held several demonstrations during the year to try to obtain
    work permits.
        During the year the Government launched a Health in the Workplace
    plan to address workplace stress and to reduce the number of workplace
    accidents by 25 percent by2014.

                                   __________

                                    GEORGIA

        The constitution of Georgia\1\ provides for an executive branch
    that reports to the President, a unicameral Parliament, and an
    independent judiciary. The country has a population of approximately
    4.6 million. President Mikheil Saakashvili was reelected in January
    2008 in an election that international observers found consistent with
    most Organization of Security and Cooperation in Europe (OSCE)
    democratic election commitments; however, the OSCE also highlighted
    significant problems, including widespread allegations of intimidation
    and pressure, flawed vote-counting and tabulation processes, and
    shortcomings in the complaints and appeals process. These and other
    problems continued into the parliamentary elections in May 2008, which
    international observers concluded were uneven and incomplete in their
    adherence to international standards. Although a significant number of
    opposition parties existed, the country was dominated by a single
    party. Security forces reported to civilian authorities.
    ---------------------------------------------------------------------------
        \1\ Except where otherwise noted, figures and other data do not
    include the separatist, occupied regions of South Ossetia and Abkhazia.
    ---------------------------------------------------------------------------
        The main human rights abuses reported during the year included
    abuse of prisoners and detainees, poor prison conditions, and arbitrary
    arrest and detention. There were reports of selective application of
    the law--crimes allegedly involving government officials or supporters
    were slowly investigated and often remained pending, while crimes
    allegedly involving persons or organizations linked to the opposition
    were investigated quickly and prosecuted to the full extent of the law.
    This imbalance led to allegations of impunity for government officials.
    There continued to be allegations of a lack of due process, government
    pressure on the judiciary, and that individuals remained in prison for
    politically motivated reasons. There were reports of pressure on
    businesses to suppress potential support for the opposition and
    independent media. There were reports of curbs on media freedom. There
    were some cases of restrictions on religious freedom and a lack of
    progress on religious issues. There were also reported cases of
    violations of the rights of internally displaced persons (IDPs) during
    some evictions in Tbilisi, and senior-level corruption in the
    Government. Harassment of opposition and NGO members, prejudice against
    persons based on their sexual orientation and government interference
    with labor associations also were reported.
        Significant human rights achievements included: the implementation
    of a new Criminal Procedure Code with increased evidentiary standards
    and rights of the accused; amendments strengthening the Public
    Defender's Office (human rights ombudsman/PDO); the construction of new
    prisons that met international standards; and the first direct election
    of the Tbilisi mayor.
        De facto authorities in the separatist regions of Abkhazia and
    South Ossetia, supported by several thousand occupying Russian troops
    since the 2008 armed conflict between Russia and Georgia, remained
    outside the control of the central government. Russian border guards
    restricted the movement of the local population. A cease-fire remained
    in effect in both Abkhazia and South Ossetia, although incidents of
    violence occurred in both areas.
        The de facto authorities in Abkhazia continued to restrict the
    rights, primarily of ethnic Georgians, to vote, to participate in the
    political process, and to exercise basic rights such as property
    ownership, business registration, and travel. Ethnic Georgians also
    suffered harassment by Abkhaz and Russian forces, including a lack of
    funding for basic infrastructure maintenance and limitations on
    Georgian-language instruction in the Gali district schools.
        Since 2008 the de facto authorities in South Ossetia have refused
    to permit most ethnic Georgians driven out during and after the
    conflict to return to South Ossetia unless they renounced their
    Georgian citizenship and took the ``citizenship'' of the ``Republic of
    South Ossetia''; in practical terms, this often meant accepting a
    Russian passport. With the exception of the International Committee of
    the Red Cross (ICRC), international organizations were not allowed
    regular access to South Ossetia to assess the condition of the local
    population or to provide humanitarian assistance.
                            respect 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 during the year. Georgian government officials and de facto
    authorities accused one another of committing attacks that resulted in
    arbitrary and unlawful killings in the occupied regions of South
    Ossetia and Abkhazia during the year. Georgian and Russian officials
    also traded such accusations (see section 1.g.).
        The Ministry of Internal Affairs reported that there were two cases
    of police officers fatally using their weapons in the line of duty
    during the year. In one April 17 case, a court found the officer guilty
    of manslaughter and sentenced him to two years and six months in
    prison. The other incident occurred on August 18, and the ministry
    reported the police returned fire after the suspect in question shot at
    police officers and persons on the street.
        There were no further developments, and none are expected, in the
    case of Roin Shavadze, whom police allegedly shot and killed in 2008.
    According to the Ministry of Justice, in 2008 authorities transferred
    the criminal case to the Investigative Division of the Prosecution of
    Ajara; at year's end, the investigation continued.
        There were seven killings during the year connected to the conflict
    in Abkhazia (see section 1.g.).
        A number of deaths occurred from unexploded ordinance. On January
    14, in Ajara, a person collecting scrap metal from a former military
    firing range picked up a piece of unexploded ordinance and took it to
    his home where it exploded, killing three persons. NGO Halo Trust
    reported two injuries from unexploded ordnance in Tbilisi. Limited
    information about events in Abkhazia and South Ossetia made it
    difficult to confirm reports of incidents in those regions. However,
    Halo Trust reported one death from a mine and three injuries from
    unexploded ordnance in Abkhazia during the year.

        b. Disappearance.--There was a report during the year of a
    politically motivated disappearance connected to the conflict in
    Abkhazia. The Government made little effort to investigate the 2009
    reported kidnappings and beatings of a number of members of some
    nonparliamentary opposition parties by unknown assailants.
        Ethnic Abkhaz Garri Jopua reportedly disappeared on October 9 and
    reappeared in Abkhazia on November 8. He alleged that he was detained
    and tortured by Georgian law enforcement officials, and credible
    sources found evidence that Georgian officials had detained him.
        Reliable information from the separatist regions, which remained
    outside of government control, remained difficult to obtain. In some
    case missing individuals were detained by Russian or regional de facto
    authorities (see section 1.d.).

        c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
    Punishment.--The constitution and law prohibit such practices; however,
    there were reports that government officials continued to employ them
    with limited accountability. The PDO's 2009 annual National Preventive
    Mechanism Report (released in June) noted that allegations of
    mistreatment increased compared with previous monitoring. In a June 26
    speech, the public defender stated that accountability for torture and
    other inhuman treatment remained a problem.
        On December 15, the PDO released a statement describing the
    National Preventive Mechanism's (NPM) monitoring for the first half of
    the year, which reported that instances of prison employees and police
    officers mistreating detained and imprisoned individuals continued. The
    PDO also noted that police quite frequently used excessive force when
    detaining persons. The PDO stated that investigations into allegations
    of mistreatment were inadequate and ineffective. However, the statement
    also noted that, unlike in penitentiaries and police stations, there
    were almost no cases of mistreatment in pretrial detention facilities.
        The NGO Empathy reported that on April 6, police officers in Telavi
    beat a minor in their custody, denied him access to water, food, or
    washroom facilities, and refused to allow him to contact his family or
    a lawyer. Empathy reported that the Telavi prosecutor's office
    initiated a criminal investigation, but the only information about its
    progress at year's end was that the case had been transferred to the
    Isani-Samgori prosecutor's office.
        During the year an Armenian NGO reported that Vahagn Chakhalian, an
    ethnic Armenian serving a 10-year sentence in the Rustavi prison for an
    attempted 2006 break-in at the Akhalkalaki municipal building (see
    section 6), complained to the PDO that on April 30, prison guards beat
    him. The Ministry of Justice asserted on June 15 that medical experts
    found no evidence of mistreatment and that his cellmate denied seeing
    any signs of physical abuse. On June 23, during a visit with PDO
    representatives, Chakhalian signed a statement denying any complaints
    against the prison administration and refusing any PDO assistance. The
    NGO claimed that the PDO was biased on this issue.
        The PDO investigated the possible mistreatment of Neli Naveriani
    during her arrest in Mestia on July 7. The PDO representative who
    visited her at the Zugdidi penitentiary noted bruising on her arm, and
    Naveriani confirmed that she received the bruises from police
    officials. The deputy prosecutor in Zugdidi stated that Naveriani
    received the bruises while resisting arrest. On July 21 and November
    17, the PDO requested that the Chief Prosecutor open an investigation
    into the case; however, by year's end no response was received.
        On August 17, the PDO called on the chief prosecutor to investigate
    the observed injuries on Irakli Kakabadze's, arms and shoulders after
    his arrest on August 14. According to the PDO, Kakabadze, a dual U.S.-
    Georgian citizen, stated he received the injuries from the chief of the
    Tbilisi patrol police and his deputy. The PDO noted that the injuries
    were reported in the detention center's protocol. The Ministry of
    Internal Affairs claimed their investigation found no signs of
    mistreatment or disciplinary or criminal violations; that Kakabadze
    could not identify the perpetrators; and that his further questioning
    was hampered since he left Georgia on August 18. On October 27, the PDO
    made another request to the chief prosecutor; however, by year's end no
    response was received (see sections 1.d. and 2.b.).
        The NGO Human Rights Priority reported that, on August 19, prison
    guards severely beat prisoners at Prison No. Seven in Ksani with
    sticks. According to Human Rights Priority, prison authorities singled
    out prisoner Archil Sakhvadze during the beatings and told him to
    withdraw the application he had filed with the European Court of Human
    Rights (ECHR). On August 31, Sakhvadze was transferred to Prison No.
    Six in Rustavi. Human Rights Priority reported that a PDO
    representative visited Sakhvadze and noted his injuries. According to
    Human Rights Priority, the ECHR sent a letter requesting information on
    the status of both Sakhvadze's health and the investigation into the
    allegations. On October 7, a reply was received giving details of
    Sakhvadze's health and indicating that an investigation into the
    allegations continued at year's end. According to the PDO and the
    Ministry of Correction and Legal Assistance, the case was still ongoing
    at year's end.
        On August 27, Dimitri Lortkipanidze from the parliamentary minority
    reported that the lawyer of Vakhtang Maisaia, who was serving a 29-year
    sentence for espionage at Tbilisi Prison No. Eight, informed him that
    prison guards beat Maisaia to force him to end his hunger strike
    against his detention. Lortkipanidze called on the PDO to investigate
    the allegation. According to the PDO, the chief prosecutor's office
    informed them on December 10 that an investigation continued.
        An incarcerated non-Georgian citizen reported that guards
    physically assaulted him during a prison transfer on August 8. The
    Ministry of Correction and Legal Assistance asserted that it
    investigated the report of assault against the non-Georgian citizen,
    which included interrogating witnesses and conducting medical
    examinations, and concluded that the allegations could not be
    corroborated. He also reported that during the year he witnessed prison
    guards randomly choosing inmates for beatings.
        There were no developments in the reported May 2009 beating of
    Nugzar Otanadze. The PDO reported that it never received a response to
    a request for an investigation from the chief prosecutor's office.
    According to the Ministry of Justice, the investigation was terminated
    at Otanadze's request in September 2009.
        There were no developments, and none were expected, in the
    investigation of the allegation that unidentified, masked officers in
    the Kutaisi Jail and Strict Regime Institution No. Two, beat 12
    juvenile prisoners in July 2009. The investigation department of the
    Ministry of Corrections and Legal Assistance continued its
    investigation of the allegation of use of excessive force at year's
    end.
        According to the PDO and human rights monitors, the incidence of
    abuse in police stations remained low, due to continued, unannounced,
    random monitoring of stations. However, the PDO reported in June that
    physical injuries were observed very frequently on persons upon
    admission to police detention facilities, and the number of such cases
    had increased. The public defender stated in a June 26 speech that
    officials who conducted investigations into allegations of torture
    often mischaracterized such acts as abuse of official power, which
    carried a far lighter sanction.
        The PDO reported that it received three complaints during the year
    that police officers physically abused persons in detention, and that
    its last monitoring of pretrial detention facilities, conducted in
    December, found no cases of physical injuries. However, the PDO stated
    that accurate statistics do not exist given that an investigation is
    only launched upon a victim's request. The PDO reported that
    investigations into allegations made during the year were either
    dismissed or ongoing at year's end.
        In a September 21 report on its February 5-15 visit to the country,
    the Council of Europe's Committee for the Prevention of Torture (CPT)
    reported receiving a few allegations of police physically mistreating
    persons in their custody. Most involved excessive use of force (for
    example, punches and kicks) at the time of apprehension, but there were
    also allegations of mistreatment during questioning. For example, one
    person alleged that following his apprehension in early February, he
    spent a night in an office at a district police station in Tbilisi
    where police officers repeatedly hit and kicked him to compel him to
    confess to a crime. Another person alleged that following his
    apprehension, officers took him to the Department of Constitutional
    Security of the Ministry of Internal Affairs, where he was hit with
    clubs and kicked. However, the CPT report concluded that ``the
    situation as regards the treatment of persons detained by police in
    Georgia has considerably improved in recent years.''
        During protests in spring 2009, the PDO received 32 complaints of
    police mistreatment from protest activists (see section 2. b.). Most
    cases involving violence against opposition activists during the 2009
    spring protests remained unsolved at year's end.
        According to the Ministry of Justice, authorities initiated 19
    investigations into allegations of torture and 15 into inhuman
    treatment during the year, compared with 17 allegations of torture, six
    of inhuman or degrading treatment, one of use of duress to compel
    evidence, and one less-grave injury to health in 2009. During the year
    the Ministry of Justice reported that 11 cases were terminated and
    judgments were rendered against four persons (two for torture and two
    for inhuman treatment).
        NGOs and the PDO reported that victims often failed to report abuse
    due to fear of retribution by police or prison authorities against them
    or their families. NGOs also continued to claim that close ties between
    the Prosecutor General's Office and police hindered the ability of NGOs
    to substantiate police misconduct. NGOs alleged that the judiciary's
    lack of professionalism and independence made it unresponsive to
    allegations of mistreatment. As a result, despite implementation of
    positive reforms, NGOs claimed law enforcement officials could still
    mistreat persons with limited risk of exposure or punishment. NGOs also
    believed a lack of adequate training for law enforcement officers, as
    well as low public awareness of the protections afforded citizens,
    impeded improvements.
        The PDO noted that monitoring groups found no instances in which
    police officers incorrectly registered a detainee when they brought him
    to the police station, which previously had been a means for police
    officers to conceal abuse. All law enforcement officers and
    representatives of the Prosecutor's Office, with the exception of
    officers of the Ministry of Internal Affairs' special units (including
    the Special Operatives Department, the Constitutional Protection
    Department, and the counterterrorism center), were required to wear
    identity badges during meetings with detainees and prisoners. Special
    police units were exempt to protect members' anonymity. NGOs asserted
    that this protected the personnel of these units from accountability
    for abuse.
        There were reports of indiscriminate military force by the parties
    to the August 2008 conflict in South Ossetia resulting in civilian
    injuries (see section 1.g.).
        In 2008 Zugdidi police officers Data Gvinjilia and Davit Nadaraia
    arrested Gocha Ekhvaia near Engurkalakkombinad in Zugdidi. Ekhvaia
    alleged that they forcibly took him from his home after questioning him
    on the whereabouts of a missing person, beat him, and drove him around
    before testing him for drugs. Ekhvaia was placed in isolation for seven
    days of court-ordered administrative detention, during which he lost
    consciousness and was hospitalized. The Zugdidi regional prosecutor's
    investigation into allegations of police torture of Ekhvaia continued
    at year's end.
        In September the Government's Interagency Coordinating Council
    against Torture and Other Cruel, Inhuman, or Degrading Treatment or
    Punishment adopted a new strategy. The new strategy prioritizes the
    following areas of needed reform: development of an effective
    complaints procedure for inmates; development of prompt, impartial, and
    effective investigations of all allegations of ill-treatment;
    protection, compensation, and rehabilitation of victims of
    mistreatment; improvement of internal and external monitoring systems
    for early detection and prevention of mistreatment in detention
    facilities; and improvement in the capacity of relevant institutions.
        The Government's action plan to address torture, mistreatment, and
    medical care included the PDO as the country's NPM, an institution
    required under the UN Optional Protocol to the Convention against
    Torture and intended to be the lead government agency for monitoring
    allegations of torture and mistreatment of detainees. It published its
    first National Preventive Mechanism Report, covering 2009, in June.
        In July 2009 parliament amended the law to give the PDO greater
    responsibility for monitoring prisons and other closed facilities and
    allow it to draw on outside experts in its monitoring efforts. However,
    the PDO noted that the Law on the Public Defender does not explicitly
    state that the NPM can use audio and video equipment. The mechanism
    follows the regulations established by each institution.

        Prison and Detention Center Conditions.--Conditions in many prison
    and pretrial detention facilities remained poor and did not meet
    international standards. The PDO, the CPT, and many NGOs including
    Human Rights Watch (HRW) continued to report that while newly
    constructed facilities met international standards, old facilities
    still in use were inhuman and exposed detained persons to life-
    threatening conditions, including poor facilities, overcrowding, and
    inadequate health care. Most prison and pretrial detention facilities
    lacked adequate sanitary facilities.
        In its September 21 report on conditions found during its February
    5 to 15 visit to the country, the CPT noted that, although there were
    no allegations of mistreatment of patients by staff, the ``ever
    deteriorating'' state of the Asatiani Psychiatric Institute in Tbilisi
    created conditions ``easily described as inhuman and degrading.'' While
    the CPT noted that the Government had taken action to prevent
    mistreatment of prisoners, it cited mistreatment at Prison No. 8 in
    Tbilisi (Gldani), Penitentiary Establishment No. 7 in Ksani, and
    Penitentiary Establishment No. 8 in Geguti as particular problems. In
    its 2009 National Preventive Mechanism Report, the PDO noted that in
    some penitentiaries sanitary-hygienic conditions and overcrowding were
    poor enough to amount to inhuman and degrading treatment.
        According to Ministry of Corrections and Legal Assistance data,
    during the year 75 convicts died in prison compared with 92 in 2009 and
    94 in 2008. Of the 75 deaths, five were suicides, one resulted from
    carbon monoxide inhalation from a fire in Ksani Prison No. 15, and the
    others were due to illness.
        The 2009 National Preventive Mechanism Report recounted the case of
    a prisoner who committed suicide in December 2009 in Kutaisi Prison No.
    2. The PDO called for a special investigation into the suicide because
    there was evidence of physical abuse inflicted on the body before the
    suicide. According to the PDO, on May 31, the investigation into the
    criminal case was suspended.
        Many prisons were severely short of medical facilities, including
    equipment and medicine. The 2009 National Preventive Mechanism Report
    noted that inequality between the national healthcare system and
    healthcare in the penitentiary system violated international standards.
    Medical care was also provided unequally in penitentiaries in different
    geographical areas. Prisons administrators were not able to provide
    comprehensive emergency services. The PDO reported that during the year
    many prison doctors were terminated from their positions for not
    providing adequate service to inmates, and most prisoner deaths during
    the year were due to tuberculosis. The PDO criticized the Ministry of
    Corrections and Legal Assistance for a lack of adequate healthcare.
        Since 2008 the Penitentiary Department has been overseen by the
    Ministry of Corrections and Legal Assistance, and the unit responsible
    for monitoring penitentiary establishments has been located in the
    General Inspection Department of that ministry.
        According to Ministry of Corrections and Legal Assistance, the
    inmate population continued to grow, increasing overcrowding. During
    the year inmate population was 23,511 as compared with 21,239 in 2009
    and 18,528 in 2008. The law defines three categories of penitentiaries:
    common regime, strict regime, and prison. Inmates were assigned to
    facilities depending on their crimes, with first-time offenders and
    persons convicted of less serious crimes assigned to common regime
    establishments; recidivists and those who committed graver crimes were
    assigned to strict regime establishments or prisons.
        The law sets the standard living space per prisoner as 22 square
    feet in common and strict regime establishments, 27 square feet in
    prisons, 32 square feet in the women's colony, 37 square feet for
    juveniles, and 32 square feet in medical facilities. According to the
    NPM 2009 report, overcrowding remained a problem, and eight facilities
    were overcrowded.
        International organizations that monitor prison conditions pointed
    out that the country's space standards for prisoners did not meet
    international standards. The CPT found that overcrowding was ``rife''
    in several of the prisons that it visited.
        NGO Empathy reported that in September the Ministry of Corrections
    and Legal Assistance moved some juvenile offenders to Prison Facility
    No. Eight and that this facility did not meet international standards
    for juvenile justice including an adequate courtyard for exercise. The
    Ministry of Corrections and Legal Assistance reported that a new
    facility for female inmates, including female juveniles, opened during
    the year and a new administrative building was constructed to improve
    prison conditions at Juvenile Facility No. 11. During the year 70
    juveniles participated in new rehabilitation programs including
    computer classes. Since its merger with the Ministry of Justice, the
    Prosecutor's Office appeared more flexible in following more
    progressive criminal justice practices, including piloting a juvenile
    diversion program during the year.
        The presidential administration sought to use early release of
    certain convicts to reduce the size of the prison population. According
    to the Ministry of Corrections and Legal Assistance, the president
    pardoned 1,299 convicts during the year. In 1,115 cases, the prisoners
    were released from prison; in 154 the sentences were halved; in 18 the
    convict was released from a conditional sentence; and in 12 instances,
    prison sentences were shortened. In 2009 990 persons received pardons
    and in 2008 the number was 2,804.
        Plea bargains were also used as a tool to try to alleviate prison
    overcrowding (see section 1.e.). During the year test cases began in
    the implementation of alternative sentencing for juvenile offenders. On
    October 1, a new code of imprisonment went into effect and councils for
    early release, akin to parole boards, were created. Three new prisons
    opened during the year that met European standards for living
    conditions.
        A working unit of the Ministry of Corrections and Legal Assistance
    continued to oversee implementation of a code of conduct for
    penitentiary employees modeled after European practices. According to
    the ministry, during the year there were 156 cases of violation of
    discipline by officers in various penitentiaries compared with 263 in
    2009 and 179 in 2008. Violations resulted in various degrees of
    punishment including notices (18 cases), reprimand (108), severe
    reprimand (27), demotion (two), and dismissal (one). The ministry
    reported that the most common reason for disciplinary action was abuse
    of authority.
        On July 21, parliament amended the law to grant the public defender
    the right to make nonbinding recommendations to law enforcement
    agencies that they investigate allegations of human rights violations,
    including those involving abuse of prisoners. Government agencies have
    10 days to respond to the public defender's recommendation. Agencies
    that decide not to open an investigation as recommended by the public
    defender are required to submit a written justification of their
    decision to the PDO within 15 days. The amendment was intended to force
    government agencies to justify publicly any failure to investigate
    allegations and to improve response times to the PDO. The PDO reported
    that its communications with most governmental institutions improved;
    however, there continued to be cases of late or inadequate responses,
    and the PDO was doubtful if the improvement was directly related to the
    amendment.
        On December 30, the Ministry of Corrections and Legal Assistance
    eliminated its requirement that members of the clergy from confessions
    other than the Georgian Orthodox Church seek that church's permission
    to counsel or visit prisoners. Members of the Muslim and Baptist
    communities had reported having trouble obtaining the Georgian Orthodox
    Church's permission for such visits during the year.
        While there were Georgian Orthodox chapels in most prisons, there
    were no specific nondenominational areas for worship; some minority
    religious leaders complained that members of their communities were
    unable to worship in the prisons during their holidays due to a lack of
    appropriate space. However, a new order issued on December 10 under
    article 2 of the Code of Imprisonment explicitly provides for the
    religious worship of prisoners and detainees, including worship space,
    the right to meet with clergy of any confession, and the right to have
    religious items.
        Authorities permitted prisoners to submit complaints to judicial
    authorities, such as PDO representatives, as well as NGOs,
    international organizations, and lawyers, without censorship and
    request investigations of inhuman conditions. Authorities opened
    investigations into such allegations; however, in many case they never
    officially completed their investigations, filed charges, or took other
    disciplinary action against officials alleged to have committed abuses.
        The Government permitted independent monitoring of prison
    conditions by international organizations, local and international
    human rights groups, and the media. Such monitoring occurred during the
    year. The ICRC had full access to prisons and detention facilities in
    undisputed Georgia and some access to facilities operated by the de
    facto authorities in Abkhazia and South Ossetia to monitor conditions
    of incarceration and treatment of all prisoners and detainees. The ICRC
    also supported health programs in prisons and detention centers.
        Prison conditions in the two separatist regions were chronically
    substandard, although overcrowding reportedly was not a problem.
    According to press reports, in February a Georgian prisoner, Demur
    Gogokhia, died in Dranda prison. Abkhazian de facto officials reported
    that the cause of death was an infectious disease, but the Georgian
    media reported allegations that he had died from the effects of
    repeated torture. On June 25, an ethnic Georgian, Besik Anjaparidze,
    reportedly died in an Abkhaz jail four days after his arrest by de
    facto officials who cited a heart attack as the cause of death, but the
    Georgian government alleged he died as the result of physical abuse
    while in custody.

        d. Arbitrary Arrest or Detention.--The constitution and law
    prohibit arbitrary arrest and detention; however, the Government's
    observance of these prohibitions was uneven.

        Role of the Police and Security Apparatus.--The Ministry of
    Internal Affairs has primary responsibility for law enforcement. During
    times of internal disorder, the Government may also call on the armed
    forces. The ministry controls the police, which are divided into
    functional departments and a separate, independently funded, Police
    Protection Department that provides security and protection to both
    infrastructure sites and private businesses. The Ministry of Finance
    has its own investigative service.
        On October 1, provisions of the reformed criminal procedure code
    (CPC) entered into force. The code encourages accountability and
    professionalism in the police by barring the use of illegally seized
    evidence and legally seized evidence stemming from an initial illegal
    action by police (see section 1.e.).
        During the period leading up to the May municipal elections, there
    were reports that law enforcement officials intimidated opposition
    representatives (see section 3). There were also reports that law
    enforcement officials selectively enforced laws against those aligned
    with the opposition (see section 2.b.).
        During nonparliamentary opposition protests between April and July
    2009, police reportedly used excessive force against protesters on
    several occasions (see section 2.b.); in most case the absence of
    accountability resulted in allegations of police impunity.
        Also unresolved at year's end were allegations made in 2009 by the
    then public defender and by NGOs that police planted evidence, engaged
    in inhuman and degrading treatment, abused official authority, and
    exceeded the limits of official authority. Nonparliamentary opposition
    activists claimed that police especially targeted them with such
    actions (see section 1.e.).
        According to the Ministry of Internal Affairs, its General
    Inspection Service imposed more disciplinary actions on law enforcement
    officers during the year than in previous years. Forms of punishment
    included reprimands, demotions, and dismissals. There were 861 such
    actions compared with 566 in 2009. The ministry also reported that
    during the year more police officers were arrested for committing
    various crimes, 46 as compared with 29 in 2009. Crimes during the year
    included corruption (18 cases), carrying or using narcotics (two),
    fraud or excessive use of authority (12), abuse of authority (12), and
    misappropriation of state property (two).
        The Human Rights Protection Unit in the Office of the Prosecutor
    General issued regular updates on the status of cases, trials, and
    investigations of human rights violations. However, NGOs maintained
    that the incidence of abuse was higher than the number of cases
    investigated by the prosecutor general, and failure to conduct
    systematic investigations and pursue convictions of all alleged abusers
    contributed to a culture of impunity. Human rights NGOs also asserted
    that many instances of abuse went unreported by victims due to fear of
    reprisals or lack of confidence in the judicial system.
        The Prosecutor General's Office was in charge of all criminal
    investigations into allegations of torture and mistreatment.
    Prosecutors were required to investigate the use of force by police
    when a detainee with injuries sustained during arrest was registered.
    The law requires the office to open an investigation when it receives
    information about a possible violation, even if from an anonymous
    source. If prosecutors conclude after investigation that charges are
    not warranted, the decision can be appealed to a higher level within
    the office. Any person subjected to abuse was able to pursue a civil
    action against the abuser. In some case the Prosecutor General's Office
    continued investigations indefinitely without issuing any findings. In
    most cases that were completed, the office concluded that the use of
    force by police was reasonable.
        The law obliges police officers to uphold the human rights of all
    persons and to use force only when strictly necessary for the
    performance of their duties; the Ministry of Internal Affairs and
    Prosecutor General's Office are responsible for implementing the law.
    The General Inspection Service is responsible for investigating
    suspected infractions on duty by police officers, receiving complaints
    from citizens on the ministry's hotline, via the public defender, or
    from the main unit of the ministry's Human Rights and Monitoring
    Department. Infractions may be addressed to the police officer's
    supervisor, who can also initiate an inquiry. There are seven
    categories of disciplinary measures: reproach, condemnation, severe
    condemnation, deprivation of the ministry badge, demotion, demotion by
    one grade, or dismissal. If there is suspicion that a police officer
    committed a criminal act, the officer is suspended and, if the
    allegations are confirmed, the inquiry materials are transferred to the
    Prosecutor's Office for criminal investigation.
        During the year the Police Academy included training on human
    rights in the basic course for patrol police and conducted specialized
    training on human rights in cooperation with international partners,
    such as the Council of Europe. The Police Academy curriculum for 7,000
    patrol, regional inspectors, and junior police officers included
    training on the legal basis for the use of coercive force, proper crowd
    control, hate crime investigations, tactical training on negotiation
    skills for managing critical situations with the goal of using coercive
    force as a last resort, police ethics, and role playing to illustrate
    these points.

        Arrest Procedures and Treatment While in Detention.--The reformed
    CPC which took effect during the year includes better-defined rights
    and due process protections for those arrested and measures intended to
    increase the speediness of trials, thus potentially reducing time in
    detention (see section 1.e.). The code provides that the term of the
    defendant's initial arrest shall not exceed 72 hours without judicial
    review and that the arrested person shall be presented with the
    indictment within 48 hours from the moment of arrest. Upon arrest the
    defendant is to be advised of all legal rights, and any statements made
    after arrest but before the defendant is advised of his rights are
    inadmissible and excluded from evidence in the criminal case. Court
    observers found that judges adhered to these time frames strictly.
        Police are also required to provide detainees a copy of the arrest
    and search form, signed by police and detainees. The PDO and NGOs
    reported that police often failed to inform detainees fully of their
    rights and that, if informed of their rights, detainees often did not
    understand them. However, the PDO reported that such instances could
    not be verified because detainees signed that they had been provided
    with information on their rights at the time of their arrest. On
    November 4, the PDO recommended that the Ministry of Internal Affairs
    use a form during detention that explicitly states the rights of those
    arrested.
        The CPC permits law enforcement officers to arrest a person without
    a warrant only in exceptional cases. There was no indication that the
    code was violated in this regard during the year.
        The law provides safeguards for a speedy trial through strict time
    frames. A pretrial hearing must occur within 60 days of arrest; if no
    pretrial hearing has commenced within 60 days, the defendant must be
    released. A trial should begin within 14 days of the pretrial hearing.
    The total time allowed under the CPC for detention of a defendant is
    nine months, within which the main trial proceedings must be initiated.
    Extensions of these timeframes are permitted at the request of the
    defendant; the prosecution has only limited ability to alter these time
    frames.
        After multiple surveys, the judiciary established that the average
    trial length for cases to go through the court system was 12 to 13
    months for criminal cases; 18 to19 months for civil cases; and 15 to 18
    months for administrative cases. The duration of trials at the trial-
    court stage did not exceed three to five months. A high number of
    judicial vacancies at the trial-court level may have contributed to
    some delays in scheduling trials. Thirty-three new judges completed
    training during the year. The speed at which the judiciary could add
    new judges was affected by a 12-month training program that each
    candidate was required to pass.
        A second cause of delays in scheduling trials was the failure of
    prosecutors and defense lawyers to appear for hearings. Both
    prosecutors and defense lawyers used this tactic if they were not
    prepared to conduct their case on the day in question. The CPC permits
    courts to impose sanctions on trial lawyers for such misconduct. During
    the year judges imposed financial sanctions for such lawyer misconduct
    as confirmed by court monitors.
        The Judicial Administration and Management Reform Project September
    survey, conducted by the Institute for Polling and Marketing, found
    that the main reasons for delay in the regional courts and the Tbilisi
    City Courts were: parties asked for postponement to negotiate plea
    agreement (12 percent); prosecutors requested postponement (9 percent);
    defense lawyers requested postponement because of conflict with another
    trial (8 percent); defense requested more time to prepare case (7
    percent); witness did not attend trial (7 percent); health reasons (6
    percent); absence of defense lawyer (5 percent); absence of prosecutor
    (2 percent); and absence of defendant.
        There is a system of bail. The new CPC shifted the presumption
    toward releasing detainees, with conditions (including posting of bail
    or other surety), away from the previous practice where pretrial
    detention was presumed and bail or other alternatives used only
    marginally. There was an increase in the judiciary's use of bail
    instead of pretrial detention during the year. NGOs noted that, due to
    economic hardship, some defendants were not able to pay bail even when
    it was granted and ended in pretrial detention. In many case
    prosecutors used standardized and stereotypical formulations in seeking
    to detain defendants and did not refer to the individual facts of the
    case, thus failing to provide an explanation of how the specific
    circumstances calls for application of coercive measures (detention).
        According to Ministry of Justice data, detention was used in 7,802
    cases (54.4 percent) during the year, bail in 3,977 (27.8 percent),
    bail secured by remand order in 2,465 (17.2 percent), personal
    guarantees in 79 (0.6 percent), and other coercive measures in six
    (0.04 percent). In the first 11 months of 2009, bail was used in 4,727
    cases, custodial bail in 2,031, pretrial detention in 6,957, release
    under supervision in 174, and other measures of restraint in 35.
        A property bond is also permitted. In addition to bail and pretrial
    detention, the law permits obligating a defendant to appear in court at
    a set time or upon summons; prohibiting a defendant from undertaking
    certain activities or pursuing a certain profession; obligating a
    defendant to report to the court, police, or other state agency daily
    or periodically; supervision by an agency appointed by the court;
    electronic monitoring; prohibiting a defendant from leaving or entering
    a certain location; prohibiting a defendant from meeting certain
    persons without special authorization; and ordering a defendant to
    surrender a passport or other identification documents. During the year
    test cases began in the use of alternative sentencing for juvenile
    offenders.
        A detainee has the right to request immediate access to a lawyer
    and the right to refuse to make a statement in the absence of counsel.
    An indigent defendant or a defendant charged in a criminal case has the
    right to counsel at public expense. The ministry in charge of the
    proceedings appoints counsel upon the defendant's request. If a
    defendant requests an attorney after arrest, the investigator or
    prosecutor who is handling the case is responsible for contacting and
    engaging the attorney. While exact reasons varied (that is,
    insufficient time to retain a lawyer or lack of information on basic
    legal rights), many defendants were unrepresented at the bail or
    detention hearing stage. The proportion was 37 percent at Tbilisi City
    Court, based on data compiled by the court's monitors. The courts and
    Legal Aid Services sponsored public service announcements on access to
    free legal aid throughout the year.
        Defense counsel has the right to meet persons accused of a crime
    without hindrance, supervision, or undue restriction; however, NGOs and
    lawyer associations complained that long lines and cumbersome entry
    checks at penitentiary institutions (that they must go through for each
    client they meet) hindered their ability to prepare cases. They blamed
    the problem on a shortage of interviewing rooms for lawyers and their
    clients at detention facilities.
        Officers must notify detainees' families of their location within
    five hours of their arrest and record the circumstances of the
    notification in the case record. PDO representatives regularly reviewed
    these records during their visits to police stations and found that, in
    most cases, officers adhered to these requirements.
        The constitution and the law stipulate that detainees must be
    brought before a magistrate judge within 72 hours. Those not brought
    before a judge by the prosecutor within this period must be released.
    The Prosecutor General's Office is the only body authorized to engage
    directly with the courts. There were no reports during the year of
    officials holding detainees longer than 72 hours without charging them.
        In the case of Irakli Kakabadze and two others who painted over a
    street sign as part of a protest to call for its renaming, the PDO
    concluded that Kakabadze's detention on the charge of disobeying police
    orders was not warranted because video shot at the scene showed
    Kakabadze and the others obeyed orders (see sections 1.c. and 2.b.).
    Georgian Young Lawyers' Association (GYLA) representatives noted that
    the only wrongdoing committed by the protesters was defacing the street
    sign, a crime that envisages a 50 lari ($28) fine, not arrest.
        In May 2009 authorities arrested three members of the
    nonparliamentary opposition on charges of hooliganism after the
    opposition members allegedly slapped and punched Georgian Public
    Broadcaster (GPB) journalist Nika Avaliani. At a press conference, the
    three protesters alleged that during their detention, police beat them,
    verbally abused them, and threatened them with death and rape. The
    Ministry of Internal Affairs opened an investigation into the
    allegations which continued at year's end.
        In contrast with 2009, there were no reports that law enforcement
    officers planted drugs or weapons on persons during the year to arrest
    or charge them in criminal cases. In 2009 this practice was reported,
    and many such cases were considered politically motivated (see section
    1.e.). In most of the 2009 cases, individuals accepted plea bargains or
    were found guilty.
        In 2009 there were reports that authorities detained individuals
    solely because they were family members of a criminal suspect, despite
    the lack of evidence of any ties to an alleged crime. The public
    defender and NGOs reported that in May 2009, police officers from the
    Ministry of Internal Affairs detained at least 11 relatives of Koba
    Otanadze, accused of being one of the leaders of the Mukhrovani mutiny
    (see sections 1.g. and 1.c.). Authorities did not formally register
    these individuals as detained, and the public defender could not
    determine their whereabouts. They were released 21 hours later, after
    the arrest of Otanadze. The Ministry of Internal Affairs confirmed the
    detention of some family members under the status of ``suspects'' or
    ``witnesses.'' Authorities filed charges of resisting arrest against
    family member Nugzar Otanadze (see section 1.c.). No other formal
    charges had been filed at year's end, either against family members who
    had been detained or against those responsible for the detentions.
        A February 23 amendment to article 80 of the Criminal Code of
    Georgia increased the minimum age of criminal responsibility to 14
    years of age (from 12 years old). The amended article 80 provided state
    that, ``[f]or purposes of criminal responsibility, juvenile is the
    person from 14 to 18 years of age at the time of commission of crime.''
        During the year de facto officials of the separatist territories
    and Russian officials continued to detain many individuals in the
    separatist regions of Abkhazia and South Ossetia on charges related to
    their ``illegal'' crossing of the administrative boundary line. Russian
    border guards, who began administering the boundary lines in 2009,
    carried out many of those detentions by enforcing boundary-crossing
    rules imposed by the de facto authorities, but they usually handed
    custody of the individuals over to the de facto authorities. In most
    case the individuals were released within a few hours or days; in some
    case the individuals were held considerably longer. In Abkhazia the
    detainees were often fined; in South Ossetia they sometimes were.
    Georgian authorities also detained a number of individuals near the
    administrative boundary lines on various charges, including illegal
    entry into the country. Such individuals often carried only Russian
    passports with no evidence of authorization to be present in Georgia.
        On June 3, Russian border guards detained two herders who crossed
    the South Ossetian administrative boundary near Karbala while trying to
    round up their herd; one was released immediately because of ill
    health, while the other was released later that day. In mid-August, a
    resident of the South Ossetian village of Sinaguri tried to cross the
    administrative boundary into her village from undisputed Georgia, but
    Russian border guards stopped her because it was after the curfew of
    8:00 p.m.; she eventually reached her home by another route, but her
    husband was later arrested by de facto officials reportedly for
    assisting her ``illegal'' crossing.
        On July 5, a Russian helicopter landed in Khurcha, outside the
    Abkhaz administrative boundary, and detained three men who were
    apparently engaged in cross-boundary trade; Russian officials claimed
    they had landed inside Abkhazia, but EU monitors determined the
    location was outside the administrative boundary line. On October 2,
    Russian border guards detained a woman attempting to enter Abkhazia
    near Orsantia; she was reportedly accused of ``smuggling'' blankets and
    mattresses into Abkhazia. In mid-November, Russian border guards
    detained dozens of individuals in a series of incidents, many of which
    were likely related to the transport of hazelnuts across the boundary
    during the harvest season. On November 22, approximately 20
    individuals, including some women and children, were held overnight in
    Barghebi; the next day, approximately 12 men from the group were
    brought to Gali and fined.
        On September 10, after the intercession of EU officials, Abkhaz de
    facto officials released Malkhaz Kordzaia, who had been held for two
    years on charges of ``illegally'' crossing the administrative boundary.
        In May the de facto authorities released six individuals whom they
    detained in August 2009 in the Akhalgori region of South Ossetia for
    attempting to smuggle wood.

        Amnesty.--During the year according to statistics of the Ministry
    of Corrections and Legal Assistance, presidential orders pardoned 1,299
    convicts, compared with 687 in 2009.

        e. Denial of Fair Public Trial.--The constitution and law provide
    for an independent judiciary. However, reports persisted that the
    executive branch and some senior judges exerted pressure on the
    judiciary.
        According to the PDO's report for the second half of 2009, problems
    continued within the judicial system including court independence,
    quality of investigations, parity of the sides, and substantiation of
    court decisions at various stages of consideration.
        Many NGOs complained that judicial authorities continued to act in
    favor of the ruling party, in some cases even without an actual
    directive to do so, particularly if there was a perceived government
    interest in the case. Some NGOs and nonparliamentary opposition alleged
    that in cases involving opposition activists, the courts tended to rule
    in favor of the Government. NGOs also expressed concern that recent
    judicial appointees lacked the experience and training to act
    independently.
        Much of the public viewed the judiciary as one of the country's
    most corrupt institutions. However, the most recent comprehensive
    survey of court user satisfaction with court effectiveness indicated
    that 63 percent of court users agreed that the courts were reliable,
    with 60 percent indicating that the courts were impartial. The
    Institute for Polling and Marketing conducted the survey in August.
        On May 18, GYLA released a report, Justice in Georgia, which
    asserted that individual judges sometimes received ``directives'' on
    specific cases from other higher-ranking judges. Because of the
    subjectivity of determining the grounds for bonuses, as well as
    disciplinary punishments (and possibly criminal punishments) for
    violations of internal investigations, judges not following such
    instructions were subject to repercussions, most notably assignment to
    an undesired court.
        In a December 13 paper, the International Crisis Group (ICG) stated
    that many Georgians still perceived the judiciary as dependent on the
    executive branch and deferential to the prosecution, especially given
    the 1 percent acquittal rate in criminal cases. In a December 15
    report, Transparency International (TI)/Georgia also raised concerns
    about the implications of the low acquittal rate for a fair trial.
    According to the Ministry of Justice, during the year the acquittal
    rate was 6 percent compared with 12 percent in 2009.
        During the year according to statistical data provided by the
    Supreme Court of Georgia, 21 defense attorneys were charged with crimes
    and 17 defense lawyers were charged with fraud. Sufficient information
    was not available to demonstrate that all these lawyers were objects of
    undue pressure by the Government. However, the December Report on the
    Georgian Mission of the International Observatory for Lawyers described
    cases of lawyer intimidation where the defense lawyers were arrested
    and sentenced on fraud charges. The Georgian Bar Association argued
    that these lawyers were working on ``sensitive'' cases or were
    considered ``opposition'' lawyers and were targeted as such. The
    December Report on the Georgian Mission of the International
    Observatory for Lawyers described two cases of government intimidation
    of attorneys. The PDO stated that some lawyers encountered difficulties
    in their ability to serve their clients properly. The PDO documented
    several ``problematic issues'' regarding the limited access of lawyers
    to their incarcerated clients.
        On October 15, parliament approved a package of constitutional
    amendments, including provisions governing the judiciary, that were
    scheduled to take effect in 2013. Under these amendments, common court
    judges are to be given lifetime appointments after a three-year
    probationary period. The Venice Commission and Georgian experts had
    criticized this probation period as potentially undermining judicial
    independence due to a lack of clear guidelines or criteria governing
    the decision-making process as to how judges will be retained or
    removed.
        The High Council of Justice appoints and dismisses judges. Chairman
    and members of the Supreme Court are nominated by the president and
    approved by parliament. The chairman of the Supreme Court sits as
    chairman of the council.
        During the year NGOs and observers continued to criticize the lack
    of transparency in the selection, appointment, and disciplining of
    judges. Despite the use of objective written examinations to create a
    pool of potential qualified appointees and publication of the names of
    all potential candidates for public comment, the judicial appointment
    process was not sufficiently transparent. Oral interviews of appointees
    were held behind closed doors with no public knowledge of what criteria
    were used for selection.
        During the year the Supreme Court and the High School of Justice
    reduced their training program for judges to 12 months to streamline
    the training program. Judicial candidates, who have served as lawyers
    for at least 10 years prior to being selected for the judicial training
    program, can now complete the High School of Justice course in six
    months. The program was intended to promote a merit-based selection and
    vetting process for judges and help eliminate unqualified appointees.
    The program included examinations and performance measures to provide
    objective criteria for ranking the performance of the judicial
    candidates.
        A law on ex parte communications prohibits prosecutors, defendants,
    investigators, and any interested third parties from contacting judges
    outside the courtroom during cases to influence their decisions.
    According to the judiciary, during the year there were no disciplinary
    actions taken against sitting judges or other public officials for such
    violations; this also was the case in 2009. The disciplinary process
    against judges was primarily initiated for violations of an in-custody
    defendant's term of detention or for other types of procedural
    violations that infringed upon the legal rights of defendants.
        During the year 10 judges reportedly left office on personal
    resignation requests, and four new judges were appointed after
    graduating from the judicial training program. The reformed CPC removed
    the judge from the investigative process, thus reducing the opportunity
    for ex parte communication and undue influence from the prosecution.
        During the year the High Council of Justice's Judicial Ethics and
    Disciplinary Procedure Department received 1,053 complaints. They
    reported that the majority of complaints were unsubstantiated or
    faulty. The High Council started disciplinary proceeding against 30
    judges and referred these cases to the Disciplinary Board of the Common
    Courts. As a result of the board's decisions, one judge was dismissed,
    one received a reprimand, and one received a notice. Other cases
    awaited a decision from the board at year's end. In 2009 the
    Disciplinary Board of the Common Courts discussed 44 disciplinary cases
    involving 32 judges, 19 of which were new cases and 25 held over from
    2008. Of these cases, the board imposed disciplinary sanctions on 18
    judges, three of whom were dismissed.
        Some members of the courts were arrested on corruption charges
    during the year. On May 31, the Ministry of Justice's Inspector
    General's Office conducted a large scale anticorruption operation and
    arrested a judge of the Tbilisi Court of Appeals. Dimitri
    Mchedlishvili, an appellate judge, was arrested for allegedly accepting
    a bribe of 5,000 lari ($2,825) in exchange for assisting a defendant on
    a criminal case. During 2005-07, he was the High School of Justice's
    Chief of the Judicial Disciplinary Proceedings Department. In July he
    was found guilty and sentenced to three years' imprisonment, one-year
    conditional sentence with two years of probation. In addition he was
    fined 10,000 lari ($5,650).
        Prosecutor Levan Bochorishvili was arrested during the year for
    allegedly accepting bribes in the amount of 1,000 and 1,500 lari ($565
    and $847) in exchange for fashioning favorable plea agreements for
    defendants. In July he was found guilty and sentenced to three years of
    imprisonment, one-year conditional sentence with two years of
    probation. In addition he was fined 30,000 lari ($16,949). During this
    investigation, defense attorney Nana Tkhelidze was arrested for
    allegedly accepting payments in the amount of 6,500, 4,000, 1,500, and
    1,000 lari ($3,672, $2,260, $847, and $565) to use in securing
    favorable plea agreements for defendants.
        The Prosecutor's Office is responsible for disciplinary action for
    violations of the ethics code for prosecutors. The Office of the
    Prosecutor General conducts an inquiry into such facts and presents
    this information to the prosecutor general with a recommendation for
    disciplinary action. The Ministry of Justice, actively implemented the
    code during the year with 23 employees of the Chief Prosecutor's Office
    receiving disciplinary actions ranging from notice to reprimand. Three
    prosecutors were reprimanded specifically for a violation of the code
    of ethics.
        In December 2009 officials arrested a prosecutor and accused him of
    accepting a 2,000 lari ($1,087) bribe to secure a favorable sentence
    for a defendant. Officials also arrested the defense attorney for his
    alleged role in the incident. In May the prosecutor was found guilty
    and sentenced to nine months' imprisonment, four years and three
    months' conditional sentence, and five years and three months of
    probation. In addition he was deprived of the right to hold a
    government position for three years.
        The OSCE's September 13 report on the May 30 municipal elections
    raised concerns about the handling of election grievances by the
    courts, noting that ``most appeals were dismissed by the courts, even
    when during the hearings substantial evidence and testimonies on
    violations were presented.''

        Trial Procedures.--The constitution and the law provide for the
    right to a fair trial; however, in spite of continued reforms, concerns
    continued about the fairness of trials.
        Human rights activists were concerned that the Prosecutor's Office
    is not independent from the Ministry of Justice and that there is no
    direct parliamentary vote on the chief prosecutor's nomination.
    Concerns also remained that under the reformed CPC, part of the
    criminal justice internal guidelines was not public information. Such
    lack of public access potentially made it difficult for lawyers to
    raise procedural points in criminal cases.
        By law defendants are presumed innocent. Under the CPC, the
    prosecution must demonstrate a ``high probability'' of guilt at the
    pretrial stage. If the prosecutor cannot meet this burden, the court
    must dismiss the prosecution's case and release any detained defendant.
        On September 24, parliament further amended the CPC. These
    amendments include changes to the jury deliberation and unanimity
    standards that mirror European legal traditions that do not require a
    unanimous jury verdict. The CPC requires a unanimous jury verdict;
    however, if a unanimous verdict cannot be reached with the first three
    hours of deliberation, a verdict by a two-thirds majority is now
    allowed in the next six hours of deliberation. If after this six hours
    of deliberation a verdict cannot be reached by a two-thirds majority,
    the judge will inquire whether any juror is refusing to participate in
    deliberations or has a private interest in the case that was not
    disclosed during jury selection. If satisfied that neither of these
    circumstances exists, the court will then allow three more hours of
    deliberation. If after that time no verdict is rendered, the court may
    either dismiss the jury and declare a mistrial, or allow the jury
    further time to deliberate. If a second jury trial also results in a
    hung jury and no verdict, then the defendant may not be tried a third
    time and will be deemed acquitted.
        By law a court must certify that a plea bargain was reached without
    violence, intimidation, deception, or illegal promise and that the
    accused had the opportunity to obtain legal assistance. Under the
    reformed CPC, either prosecutors or defendants may initiate plea
    agreements. Prosecutors are under an obligation to inform the victim of
    the terms of the plea agreement. The victim can also seek a review of
    the plea bargain by a senior prosecutor. According to Ministry of
    Justice statistics, during the year the use of plea bargaining
    increased significantly. During the year the number of plea agreements
    was 80.8 percent (15,614) of all judgments as compared with 58.9
    percent (10,400) in 2009 and 52 percent (10,608) in 2008.
        The majority of plea agreements (which included a proposed
    sentence) contained a financial penalty along with either a prison term
    or a suspended sentence. Even proper and viable plea agreements were
    often perceived as a way for defendants to buy their way out of prison.
    According to the ICG, critics of the plea bargaining system asserted
    that the system had ``become a revenue source rather than an instrument
    of justice.'' Some NGOs reported that the Government coerced defendants
    into accepting plea bargains.
        In a December 15 report, TI/Georgia evaluated the strengths and
    weaknesses of plea bargaining in the country. The report identified a
    number of benefits of plea bargaining to the country's criminal justice
    system: Plea bargaining brought greater efficiency and cost-savings to
    the court process and was a successful tool in fighting corruption,
    especially in the context of addressing organized crime. TI also noted
    that fewer persons were sent to prison during the year because plea
    bargain agreements allowed them to serve suspended sentences. This
    procedure alleviated overcrowded correctional facilities. However, TI
    raised significant concerns about the fairness of the plea bargaining
    system, highlighting the imbalance between the powers of the
    prosecution and the judiciary and the system's lack of transparency in
    the application and collection of fines. TI also reported a consensus
    among interviewed experts that the core problem was not in the law but
    in the court and justice system.
        The reformed CPC enhanced the provisions for due process. Detainees
    and defendants have the right to be presumed innocent until proven
    guilty and to receive a speedy, fair, and continuous trial. The code
    protects the privilege against self-incrimination. The reformed code
    provided that a defendant may ask that a pretrial investigative
    confession be suppressed and excluded from the main trial without
    providing a rationale or requiring any showing of prejudice or any
    wrongdoing by police. If the defendant does not seek to exclude the
    confession, no conviction stands if it is based solely on the
    confession of the defendant. Initial reports by court observers
    suggested uneven implementation of the reformed CPC as it applies to
    the protection of defendant rights.
        Defendants have the right to a public trial, except where national
    security, privacy, or protection of a juvenile is involved. On February
    23, parliament amended the criminal code and increased the minimum age
    of criminal responsibility to 14 years of age (from 12 years old).
    However, the law makes a distinction between criminally responsible
    adults and juveniles (who are between the ages of 14 and 18 years old).
        The reformed CPC provides for the right to a jury trial for
    aggravated murder cases in Tbilisi the first year and provides for
    expansion of the trials use for all types of murders and rape in all
    cities in subsequent years. The law providing for such jury trials
    under Tbilisi City Court jurisdiction entered into force on October 1.
    No jury trial had been scheduled at year's end. However, on September
    30, a successful mock jury trial was held including a call for jurors
    and jury selection. Courts are required to instruct juries that guilt
    must be established by the prosecutor alone beyond a reasonable doubt.
    The prosecutor's offices engaged in raising public awareness on
    criminal justice legislative reforms, including a well-publicized
    campaign on the introduction of jury trials.
        Defendants have the right to be present at their trial and to
    consult an attorney from the time of their arrest. Nevertheless, for
    reasons discussed earlier, many defendants in criminal pretrial
    hearings, where decisions are made on arrest or bail, did not enjoy the
    benefit of counsel.
        Defendants may question and confront witnesses against them and
    present witnesses and evidence on their own behalf at trial. The
    reformed CPC made the rights of the prosecution and defense to collect
    and present evidence more equal. By law, defendants and their attorneys
    have access to the prosecution's evidence relevant to their cases at
    any point during the investigation and may make copies at their own
    expense. The prosecution must disclose all evidence to the defendant no
    later than five days prior to the pretrial hearing. If the prosecution
    does offer evidence at trial that has not been previously disclosed to
    the defense, the court is obligated to exclude such evidence. Court
    observers reported that the prosecution complied with the new discovery
    rules.
        In exigent circumstances (that is, evidence about to be destroyed
    or tampered with), prosecutors may seize evidence without court
    approval but, within 12 hours of the warrantless seizure, they must
    explain the underlying urgency to the court's satisfaction.
        A convicted defendant has the right of appeal. The prosecution
    cannot appeal an acquittal. Once a verdict is rendered, if a prison
    sentence is given, then it begins immediately regardless of any pending
    appeals. The reformed CPC establishes a time limit within which all
    appeals must be resolved. In cases in which the appellant is
    incarcerated, the time limit for all appeals to be completed is nine
    months and 12 months for cases in which the appellant is not
    incarcerated.
        The law provides that a verbatim record must be prepared and signed
    by the secretary and the presiding judge within five days of the
    conclusion of the court hearing or trial. Only then can the parties
    receive it. Under the reformed CPC, regardless of whether an arrested
    person is ultimately convicted, the state must fully reimburse from the
    state budget the damage caused from an illegal or groundless arrest, as
    determined by civil legal proceedings.
        By law persons charged with crimes can be tried in their absence if
    they are absent to avoid trial. If persons convicted in their absence
    appeal their conviction within one month of their arrest or surrender,
    the law provides for a new trial. Human rights NGOs criticized these
    provisions because they apply to all crimes; the Government's position
    has been in favor of timely commencement of trial and presentation of
    evidence and witnesses to prosecute criminal behavior successfully and
    not to reward those who abscond from their prosecution.

        Political Prisoners and Detainees.--Several nonparliamentary
    opposition parties and NGOs alleged that the Government continued to
    hold political prisoners and detainees. Estimates of the number varied;
    reasonable estimates were in the dozens. The Government, NGOs, and
    opposition leaders disagreed on the definition of a political prisoner.
    The public defender did not name any political prisoners or detainees
    in his report for the second half of 2009. According to the PDO, the
    office did not receive requests for assistance regarding political
    prisoners during the year. The parliamentary Human Rights Committee,
    which included a member from the opposition, disagreed with assertions
    that the Government held political prisoners.
        According to observers, a majority of cases alleged to have been
    politically motivated in connection with the spring 2009 opposition
    protests involved charges of illegal possession of weapons or drugs
    against opposition activists. In the majority of such cases, procedural
    shortcomings were reported. In August 2009 nonparliamentary opposition
    party representatives gave the Minister of Internal Affairs a list of
    48 activists from various opposition parties that they considered to
    have been arrested on fabricated charges during the April to July 2009
    protests. These charges were mainly related to drug and arms
    possession. The Ministry of Internal Affairs opened an investigation
    into the allegations and began discussions with the nonparliamentary
    opposition. Reportedly 10 individuals were released after the initial
    talks in August 2009, and 16 were released in November 2009. Many of
    these individuals were released on bail or released after serving short
    administrative sentences. It was not clear how many of the individuals
    from the original list of 48 had been released at year's end. In August
    2009 two Republican Party opposition activists on the list were
    sentenced to prison terms by the Gori City Court.
        In his report for the first half of 2008, the then public defender
    identified five political prisoners and, in his report for the second
    half of 2008, he identified one. Of these individuals, three remain
    incarcerated, including Merab Ratishvili, Joni Jikia, and Maia Topuria.
        The Government permitted international human rights and domestic
    organizations to visit persons claiming to be political prisoners or
    detainees, and some organizations did so during the year.

        Regional Human Rights Court Decisions.--During the year the ECHR
    ruled against the Government in four cases involving alleged violations
    of the European Convention on Human Rights, and supported it in 13
    cases. The violations occurred from 1997 to 2006. The violations
    pertained to the right to a fair hearing, property rights, the right to
    a speedy trial, and the right to life. According to the Ministry of
    Justice, authorities paid compensation in three of the cases by year's
    end.
        For example, on May 27, the ECHR ruled that the Ministry of
    Internal Affairs unlawfully deprived former ministry official Batalbi
    Saghinadze of the right to use a cottage by evicting him in 2004. An
    IDP, Saghinadze had been living in the cottage since 1994. The ECHR
    also ruled that the Government's decision extending Saghinadze's
    pretrial detention in 2006 was unlawful because the decision consisted
    of a template with prewritten findings. The court ordered the
    Government to return the cottage or equivalent lodging to Saghinadze or
    pay 15,000 euros ($19,600) in damages.
        On June 8, in the case of Khaindrava and Dzamashvili versus
    Georgia, the ECHR concluded that the state had failed in its
    obligations to carry out an effective investigation of an alleged
    assault on the applicant's life (in 1997), and that there had therefore
    been a violation of article 2 (right to life) of the European
    Convention in its procedural aspect (the investigation). The court
    ordered the state to pay 12,000 euros ($15,700) in damages.

        Civil Judicial Procedures and Remedies.--The constitution provides
    for an independent and impartial judiciary in civil matters, but there
    were concerns about the professionalism of judges and transparency in
    their adjudication. The constitution and law stipulate that a person
    who suffers damages resulting from arbitrary detention or other
    unlawful or arbitrary acts, including unlawful human rights violations,
    is entitled to bring a civil action.

        Property Restitution.--GYLA reported several cases in which it
    offered legal assistance during the year to groups that claimed the
    Government improperly used imminent domain to seize at unfair prices
    their property in Tbilisi for public works. In addition GYLA reported
    that the Government was exerting pressure on these groups to accept the
    offered compensation.
        In Abkhazia the de facto law banned de facto courts from
    considering any property claims filed by ethnic Georgians who left
    Abkhazia before, during, or after the 1992-93 war, thereby effectively
    depriving IDPs of their property in Abkhazia. During the year de facto
    courts in Abkhazia reportedly did not make efforts to establish facts
    or administer justice but acted at the direction of prosecutors and law
    enforcement.
        In December South Ossetian de facto authorities issued a decree
    that invalidated all real estate documents issued by the Georgian
    government between 1991 and 2008 relating to property held in the
    Akhalgori region. The same decree declared that all property in
    Akhalgori belonged to the de facto authorities until a ``citizen's''
    right to that property was established in accordance with de facto
    legislation.

        f. Arbitrary Interference With Privacy, Family, Home, or
    Correspondence.--The constitution and law prohibit such actions without
    court approval or legal necessity and prohibit police from searching a
    residence or conducting undercover or monitoring operations without a
    warrant; however, these prohibitions were not always respected.
        NGOs continued to report that police conducted searches and
    monitored private telephone conversations without first obtaining court
    orders; the CPC permits such searches only under limited circumstances.
    NGOs reported that police often obtained warrants after the fact and
    many citizens were unaware of their right to delay a search of their
    home by one hour to summon two objective third-party witnesses to the
    search. Under the CPC, if authorities conduct a search or seizure
    without a warrant because of urgency, a court must later approve the
    warrantless seizure; otherwise, the evidence collected is considered
    invalid.
        During the year some opposition figures reported concerns about
    government surveillance. An opposition leader alleged that such
    surveillance included monitoring of the e-mails and cell phones of
    national and regional opposition leaders by officials of the Ministry
    of Internal Affairs Constitutional Protection Department.
        NGOs and some opposition members contended that tax authorities
    targeted certain companies and persons for searches for political
    reasons; they viewed the subsequent fines as a form of ``legal
    extortion'' by the Government. They asserted that the authorities in
    some cases used the threat of tax audits as a tool to dissuade
    businesses from contributing to opposition-linked persons and
    organizations. Businesses and persons across the political spectrum
    reported this practice. In a May report, TI/Georgia noted that the tax
    administration, while improved, failed to apply risk analysis or other
    auditing mechanisms in selecting businesses to audit. The report noted
    that this omission allowed for excesses by the financial police who,
    motivated by budgetary shortfalls and political considerations, used
    tax audits, as one commentator noted, as a political club.
        There were concerns about the lack of due process and respect for
    the rule of law in a number of developments related to property rights.
    During the year there were reports that the Government sold state-owned
    land in the municipality of Mestia in the region of Samegrelo-Zemo
    Svaneti without notifying local residents who had been using it in
    accordance with customary practice (see section 2.b.).
        IDPs and IDP advocates expressed concern that authorities did not
    fully respect property rights as they removed IDPs from temporary
    shelters in Tbilisi during the year. The Office of the UN High
    Commissioner for Refugees (UNHCR) observed that in most cases the
    evicted IDPs occupied these buildings without the consent of the
    Government or the buildings' rightful owners (see section 2.d.).

        g. Use of Excessive Force and Other Abuses in Internal Conflicts.--
    On January 11, the Tbilisi City Court rendered a verdict in the case of
    a reported mutiny at the Mukhrovani military base in May 2009. The
    court acquitted one high-ranking official, Koba Kobaladze, of mutiny
    charges. It sentenced Koba Otanadze to 29 years in prison, Levan
    Amiridze to 28 years, and Shota Gorgiashvili, who at the time was a
    tank battalion commander, to 19 years. The court handed down other
    guilty verdicts on lesser charges ranging from the illegal possession
    of firearms to disobedience, and sentences ranged from three to 15
    years. Most of the 41 accused accepted plea bargains from the
    prosecution. Otanadze, Gorgiashvili, Amiridze, and 14 others appealed
    their convictions. On October 21, a three-judge panel upheld the prison
    sentences for all 17 defendants. Otanadze appealed to the Supreme
    Court, where the proceedings were pending at year's end. Some NGOs had
    raised concerns about aspects of this case.
        Separatist conflicts in the regions of Abkhazia and South Ossetia
    remained unresolved, but the security situation stabilized to the point
    that no overt use of military force was reported in the conflict areas.
    According to the European Union Monitoring Mission (EUMM), the Georgian
    Ministries of Defense and Internal Affairs remained in compliance with
    their Memoranda of Understanding, which limited the Government's
    presence, movements, and armaments in the conflict areas. Russian
    occupying forces in Abkhazia and South Ossetia and de facto militias
    refused access to international monitors and conducted numerous
    unannounced exercises. No international party was able to monitor the
    extent of their military presence.
        In an October 7 report, the Council of Europe's commissioner for
    human rights, Thomas Hammarberg, highlighted a number of human rights
    problems following the August 2008 armed conflict in Georgia, including
    the inability of the majority of ethnic Georgians from South Ossetia
    and Abkhazia to return to their homes and the failure of the Government
    to grant some persons displaced by the 2008 conflict status as
    internally displaced persons. Hammarberg also noted progress in
    removing explosives and other remnants of war of danger to the public
    and the release of detainees on both sides, although de facto
    authorities continued to hold six persons in detention in South
    Ossetia.
        HRW reported that despite the passage of more than two years, the
    Government had not effectively investigated international human rights
    and humanitarian law violations committed during the August 2008
    conflict.
        While there was little official information on the human rights and
    humanitarian situation in Abkhazia and South Ossetia due to limited
    access to these regions, many allegations of abuses persisted.
        The UNHCR maintained a presence in the region of Abkhazia. During
    the year de facto authorities allowed the UN Secretary General's
    Representative, who represents the UN in the Geneva Discussions on the
    conflict in Georgia, to visit Abkhazia periodically and to send staff
    members there on a rotating, nonpermanent basis. UNICEF and UNDP
    representatives also periodically visited Abkhazia. None of these
    missions had a specific human rights mandate.
        The mandate of the OSCE's military monitoring mission in South
    Ossetia ended in 2009, when Russia's refusal to join consensus in a new
    mandate led to the closure of the mission after 17 years of work.
    Subsequent efforts to negotiate an arrangement for a new OSCE presence
    in South Ossetia and the rest of Georgia were unsuccessful as of year's
    end.
        The Gali region of Abkhazia, where many ethnic Georgians live,
    remained tense because of limitations on freedom of movement,
    kidnapping, arbitrary arrests, and deaths in custody. There were
    numerous reports of looting and robbery by Russian forces, Abkhaz de
    facto forces, and criminal gangs, especially during the harvest season
    when local farmers were extorted for a portion of their income.
    Systemic problems in the criminal justice system of the de facto
    authorities, in particular the failure to conduct impartial
    investigations and to bring alleged perpetrators to trial, sustained a
    climate of impunity. Abuse by de facto law enforcement authorities
    included arbitrary arrests and detention as well as possible
    mistreatment of detainees. De facto law enforcement authorities rarely
    wore uniforms or carried badges or credentials, allowing them to act
    with impunity. Russian military forces and de facto militias limited
    the ability of international observers to travel in Abkhazia to
    investigate claims of abuses.

        Killings.--Attacks in the conflict areas, some lethal, continued
    during the year; Georgian government officials and de facto authorities
    accused one another of committing some of these attacks, which occurred
    in or near South Ossetia and Abkhazia. No suspects or arrests were
    announced in any of the following cases.
        On January 29, one police officer and two villagers were reportedly
    killed by mines placed near a private home in Chuburkhinji, in
    Abkhazia; seven others were reportedly injured. De facto authorities
    speculated that Georgian government forces could have been behind the
    attack; press reports suggested the incident resulted from tension
    between Russian and Abkhaz de facto forces.
        On May 20, a villager was injured by a grenade reportedly rigged as
    a booby trap in his yard in Takhtisdziri, a village in undisputed
    Georgia close to the South Ossetian administrative boundary.
        On June 1, an Abkhaz de facto customs official, Gennadiy Kvitsinia,
    and a colleague were shot and killed in an a reported ambush in
    Dikhazurga, a village in Abkhazia close to the administrative boundary;
    one other person was wounded. Two days later a local de facto Abkhaz
    administrative official in the nearby village of Repi, Dima Katsia, was
    shot and killed. De facto officials accused Georgian authorities of
    responsibility for both attacks, but later admitted that the June 1
    incident was more likely a criminal affair; they did not offer any
    evidence for their accusation. Press reports suggested that the attacks
    were connected to criminal activity related to the extortion of
    villagers, and the Katsia attack may have been retaliation for the
    Kvitsinia attack.
        On June 15, Anatoliy Kisiev reportedly suffered three gunshots and
    his 15-year-old son was reportedly beaten in Disevi, a village in South
    Ossetia and close to the administrative boundary. De facto authorities
    accused Georgian police of the attack; Georgian officials said any
    attack would have involved only Ossetians.
        On June 23, the Georgian media reported that de facto officials
    from the Abkhaz ``antiterrorist center'' arrested three ethnic Georgian
    brothers in retaliation for the June 1 and 3 killings of de facto
    administration officials. One brother, Gogita Anjaparidze, died while
    in custody; de facto officials reported that he died of a heart attack,
    but Georgian officials alleged he was tortured for three hours and then
    beaten to death. The other two brothers were also reportedly beaten and
    then taken to area hospitals. They reportedly were being held in an
    Abkhaz prison at year's end.
        On July 22, five or six Abkhaz police officers were reportedly
    injured in a roadside bombing in the Gali district of Abkhazia,
    although other reports suggested no one was seriously injured. De facto
    officials accused Georgian government of responsibility for the attack;
    press reports suggested the Abkhaz may have been involved in a dispute
    with Russian officials or had criminal links.
        On December 7, police arrested six men in connection with three
    explosions that took place in Tbilisi on September 22, October 21, and
    November 28 (which killed a woman). The Ministry of Internal Affairs
    publicly alleged that the leader of the suspects, an ethnic Georgian
    from the occupied region of Abkhazia, was working under the orders of a
    Russian officer stationed in Abkhazia.
        No developments were reported during the year in the following
    conflict-related killings that occurred in 2009: The January 2009
    shooting and killing of a Georgian police officer in Knolevi, near the
    South Ossetian administrative boundary, in what appeared to be a sniper
    attack; the March 2009 attack, involving an improvised explosive device
    that killed a Georgian police officer in Dvani, near the South Ossetian
    administrative boundary; the April 2009 killing of Elguja Beraia, a
    Georgian resident of the Abkhaz village of Nabakevi; the June 2009
    attack involving an improvised explosive device that killed the driver
    of an ambulance in a convoy led by EU monitors in Eritskali, near the
    Abkhaz administrative boundary line; the July 2009 explosive attack
    that killed a Georgian resident of Akhalgori in South Ossetia in his
    car as he drove from Akhalgori to an IDP settlement in government-
    controlled territory; and the August 2009 attack, involving an
    improvised explosive device, that killed two civilians in Gagra in
    Abkhazia.

        Abductions.--During the year there continued to be reports of
    abductions along the administrative boundaries of both occupied
    regions.
        Government and Abkhaz commissions on missing persons reported that
    nearly 2,000 Georgians and Abkhaz remained missing as a result of the
    1992-93 war in Abkhazia. The South Ossetian de facto authorities
    reported 116 persons still missing from conflicts in 1991 and 2004. The
    ICRC continued its efforts to assist authorities concerned to fulfill
    their obligation to inform the families of the missing persons about
    their whereabouts. Most of the missing persons from the 1992-93 war
    were believed to have disappeared in the region of Abkhazia. During the
    year there were no exhumations of persons thought to have been killed
    during the 1992-93 conflict, according to the ICRC.
        The ICRC was unable to close approximately 100 of the 1,100
    tracking requests from families and authorities it received during the
    2008 conflict. There were no developments, and none were expected, in
    the 2008 abduction and killing of an elderly woman near Nabakevi.
        South Ossetian de facto authorities claimed that several South
    Ossetians disappeared while in Georgian custody, including in
    particular Alan Khachirov, Soltan Pliyev, and Alan Khugayev, who were
    allegedly detained in 2008. The de facto authorities claimed to have
    evidence, including eyewitness accounts, that these three were held in
    Georgian facilities; they sought outside assistance in investigating
    the cases, and the EUMM and Council of Europe became involved. On
    September 29, Council of Europe Commissioner for Human Rights, Thomas
    Hammarberg, reported that there were indications that Georgian law
    enforcement officials had detained the three. He criticized the
    Georgian investigators for their ineffectiveness and lack of
    independence. The cases remained unresolved at year's end.

        Physical Abuse, Punishment, and Torture.--During the year there
    were no developments, and none were expected, in the reported killing
    of nine ethnic Georgian women and the rape of two others by South
    Ossetian irregulars. Investigation of reported rapes was difficult due
    to chaotic conditions and lack of police in locations where they
    reportedly occurred, often behind Russian checkpoints where Georgian
    officials had no access.
        There were no further developments, and none were expected, in the
    investigation into an attack by unknown perpetrators in 2008 on the
    village of Khurcha on the Abkhaz administrative border. A 2009 UN
    investigation found that grenades were fired from the Georgian-
    controlled side of the cease-fire line. Four civilians were injured.
        There were no developments, and none were expected, in the looting
    and burning by South Ossetian militias of five ethnic Georgian villages
    near Tskhinvali-Tamarasheni, Kekhvi, Kvemo Achabeti, Zemo Achabeti, and
    Kurt during the 2008 conflict. At the time, the Russian online news
    agency Regnum quoted Eduard Kokoity, South Ossetia's de facto leader,
    as stating that the Georgian enclaves of Kekhvi and Tamarasheni were
    ``liquidated'' as a result of military operations.
        There were also no developments, and none expected, in the reported
    mistreatment of at least five of 32 Ossetians reportedly detained by
    Georgian forces in 2008 during the armed conflict and the arbitrary
    detention by South Ossetian forces (sometimes together with Russian
    forces) of at least 159 ethnic Georgians. Four of the ethnic Georgians
    were killed, at least four reportedly tortured, and almost all
    reportedly exposed to inhuman and degrading treatment and detention
    conditions prior to their release In a September 29 report, the Council
    of Europe's commissioner for human rights, Thomas Hammarberg, reported
    that the de facto authorities did not cooperate in the investigation of
    two Georgian soldiers who were captured alive during the conflict, but
    were reportedly beaten and died while in captivity. Their remains were
    returned to Georgian authorities.

        Other Conflict-Related Abuses.--Russian border guards began
    controlling the administrative boundaries of the two regions in 2009
    and continued during the year to restrict the free movement of the
    local population across the administrative boundary line for medical
    care, pension services, religious services, and school.
        During the year working groups at the Geneva talks on the occupied
    territories focused on such problems as freedom of movement, the supply
    of water from South Ossetia to other parts of Georgia, and the supply
    of gas from undisputed Georgia to the South Ossetian region of
    Akhalgori. None of these issues was resolved by year's end.
        There are well over 350,000 IDPs as a consequence of the conflicts
    in Abkhazia and South Ossetia (see section 2.d.).
    Section 2. Respect for Civil Liberties, Including:

        a. Freedom of Speech and Press.--The constitution and law provide
    for freedom of speech and of the press; however, there were credible
    reports that the Government restricted freedom of speech and the press.
        Individuals were generally free to criticize the Government
    publicly and privately without reprisal, although there were some
    notable exceptions. Some individuals told foreign monitors they were
    reluctant to discuss, or had stopped discussing, sensitive topics by
    telephone due to concerns about government eavesdropping. NGOs reported
    that a climate of widespread impunity for attacks and harassment of
    human rights defenders had a chilling effect on dissenting voices and
    watchdog groups, especially outside of Tbilisi. They also asserted that
    the Government used the legal process to silence critical voices. An
    opposition leader alleged that Ministry of Internal Affairs'
    Constitutional Protection Department officials filmed some opposition
    political meetings outside of Tbilisi. There were reports that unknown
    persons photographed participants at opposition rallies.
        Opposition supporters alleged that individuals who had participated
    in opposition demonstrations had been fired from their jobs. In
    November 2009 there were reports that representatives of the ruling
    party in Tbilisi informed a number of individuals that they had
    evidence of their participation in the spring opposition demonstrations
    and that they would suffer consequences for their participation.
    However, NGOs reported no cases of retribution specifically tied to the
    spring protest participation.
        Opposition figures and representatives of the Government regularly
    appeared on the same shows, thereby providing a plurality of views.
    During the year programming more frequently utilized a debate format.
    During the municipal elections period in May, the GPB aired various
    candidate debates including all major candidates for Tbilisi mayor.
        The GPB broadcast public policy debates on the weekly television
    talk show Accents, anchored by Eka Kvesitadze. Maestro and Kavkasia
    also ran political talk shows in a debate format. GPB aired a separate
    political talk show, Dialogue, twice a week. On February 22, the public
    broadcaster launched Channel 2, a public affairs channel aimed at
    airing daily nonedited coverage of political parties and parliamentary
    plenary and committee sessions. The channel provided access to the
    media market to representatives from across the political spectrum
    including airing unedited footage from press events of the
    nonparliamentary opposition parties. Channel 2 did not have nationwide
    coverage. Its signal covered about 60 percent of the population,
    including the country's major cities.
        Throughout the year NGOs, independent analysts, and journalists
    accused high-ranking government officials and opposition politicians of
    influencing editorial and programming decisions through their personal
    connections with news directors and media executives and by directing
    advertising (and through it, advertising income) using their personal
    connections with business owners. There were reports that business
    owners were intimidated into not advertising with opposition-leaning
    media outlets through the threat of lengthy financial audits by
    government authorities. Kavkasia TV reported that on November 15 that a
    company cancelled a signed advertising contract after the business
    owner allegedly received a threat from a government official that his
    business would be closed should he proceed with the contract.
        There were approximately 200 independent newspapers, although most
    were local and extremely limited in circulation and influence. During
    the year print media frequently criticized senior government officials.
    However, some individuals affiliated with these papers reported facing
    pressure, intimidation, and violence for doing so. Few newspapers were
    commercially viable. Patrons in politics and business typically
    subsidized newspapers, which were subject to their influence.
        The three largest television broadcasters in the country were the
    state-owned GPB and the privately owned Rustavi 2 and Imedi TV, the
    country's two most popular television stations. All three were
    generally considered to have a progovernment editorial policy. An
    international NGO estimated that there were more than 45 regional
    television stations outside of Tbilisi, 17 of which offered local daily
    news, although most were at a very low professional level.
        On January 21, a report by HRW noted a lack of transparency in
    media ownership and a mixed environment ``with diverse print media, but
    nationwide television broadcasting limited to the state-owned public
    broadcaster and progovernment Rustavi 2 and Imedi stations.'' On April
    27, Freedom House described the press as ``partly free.'' On May 3, HRW
    accused government authorities of intimidating journalists and denying
    them access to public information. Investigative journalists and NGOs
    particularly complained about access to court information.
        In its final report on the May 30 municipal elections issued on
    September 13, the OSCE's Office of Democratic Institutions and Human
    Rights (ODIHR) concluded that the GPB, which broadcast two debates,
    provided the public with balanced coverage of the campaign. However,
    all other television stations ODIHR monitored lacked such balance,
    supporting either the Government or opposition. The report noted that
    major broadcasters covered authorities' activities widely and
    positively, indirectly benefiting progovernment candidates. The report
    described the main television stations as charging artificially high
    prices for paid advertisements to limit media use by poorly financed
    opposition candidates.
        The International Research and Exchanges (IREX) Board's media
    sustainability index report for the year stated that ``the ruling
    elite'' exercised significant influence over the primary news companies
    to ``shape the national narrative'' and again raised concerns that the
    majority of media outlets remained split along political fault lines.
        On March 13, Imedi TV, a broadcast channel headed by a former
    senior member of the Saakashvili administration, aired a
    ``mockumentary'' of a Russian invasion on Georgia. The program's
    failure to clarify that the events being portrayed were a dramatization
    and not real resulted in short-lived panic throughout the country.
    There were allegations that government officials were directly involved
    in the production of the program. Audio tapes, posted by an anonymous
    source on a previously unknown Russian Web site and picked up by pro-
    opposition journalists and political activists, purportedly
    demonstrated that the Government was in talks with the Imedi director.
    On March 15, the Georgian National Communications Commission (GNCC)
    ordered Imedi to make a primetime apology for the broadcast.
        The continued lack of transparency regarding media ownership fueled
    concerns over the ownership of the country's television stations, which
    served as the main source of information for most of the public.
    Throughout the year the PDO and others called for changes in the law on
    broadcasting to increase the transparency of media outlet ownership,
    including requiring information to be made publicly available regarding
    the shareholder structure of license holders and their owners. In its
    report for the year, IREX raised concerns about a ``nested doll''-style
    media ownership system. However, the ownership of many media outlets,
    including Imedi and Rustavi-2, remained unclear at year's end.
        The IREX Board's Media Sustainability Index for the year noted that
    national television stations rarely broadcast investigative stories.
    TI/Georgia's November 2009 report raised similar concerns. Rustavi 2,
    Imedi, and the GPB did not produce investigative reports.
        As noted in TI/Georgia's November 2009 report, the GNCC was not
    perceived to be a truly independent regulatory body, in that it made
    politically motivated decisions. The GNCC denied the allegations,
    claiming it treated all broadcasting channels the same. Since 2008 the
    GNCC prevented the establishment of any new television and radio
    stations by delaying the issuance of broadcasting licenses, citing the
    continuing need to complete a survey. In November it stated that the
    survey was complete; nevertheless, it had not issued any licenses by
    year's end.
        The GNCC exercised some control over programming by issuing
    stations content-based licenses rather than all-purpose broadcast
    licenses. There is a ``general license,'' which allows for news and
    political programming, and licenses strictly limiting content to
    ``entertainment only.'' On July 2, parliament approved an amnesty for
    tax obligations accumulated before March 1, applicable to all
    television stations, including regional broadcaster Channel 25, which
    had previously lost a court case challenging a tax levy. Some NGOs,
    including the GYLA, criticized the Government for not including a
    breakdown of how much of the reported 36 million lari ($20.3 million)
    liabilities belonged to each station. Observers believed that the
    progovernment stations, Imedi and Rustavi 2, were the major
    beneficiaries of the amnesty. The Government justified its refusal to
    release details by citing the tax code, which categorizes such
    information as a commercial secret.
        There were reports of direct physical attacks, harassment, and
    intimidation of journalists by government officials.
        On January 22, a regional correspondent for the Human Rights Center
    and editor of a regional newspaper in Shida Kartli was reportedly
    physically and verbally assaulted by security guards at the regional
    government administrative building. The journalist was attempting to
    obtain public financial information about the regional administration
    for an investigative report when the incident occurred. According to
    the Human Rights Center, authorities had taken no further action on
    this case by year's end. According to the Ministry of Justice, an
    investigation determined that the journalist attempted to enter the
    building without a proper pass and verbally assaulted security officers
    when they asked him to follow proper procedures. The ministry also
    reported that forensic examination revealed no signs of physical
    injury.
        In February an investigative journalist, Vakhtang Komakhidze,
    sought asylum in Switzerland, citing aggressive threats from government
    officials against him and his family. Komakhidze claimed that such
    threats intensified and included death threats after he visited South
    Ossetia in December 2009 to research a report on the 2008 conflict. The
    author of many investigative reports critical of the Government,
    Komakhidze headed investigative reporting production studio Reportiori
    (Reporter). On July 27, Switzerland granted Komakhidze asylum.
        On June 25, police officers in Gori (in the Shida Kartli region)
    allegedly seized the camera of a journalist from Trialeti radio and
    television station in Gori and erased footage that showed authorities
    dismantling a controversial statue of Stalin. The journalist alleged
    that when they seized the camera, the officers pulled him to the ground
    and kicked him. The journalist's camera was returned later, and he was
    able to continue filming; however, he claimed that after he publicly
    reported the incident, a regional police official threatened him by
    telephone. The journalist filed complaints with the Ministry of
    Internal Affairs and the PDO. The PDO appealed to the main prosecutor
    to investigate the case. The PDO had no updated information on the case
    at year's end. However, according to the Ministry of Justice,
    authorities terminated the investigation when they determined that
    police officers had found the camera unattended and had returned the
    camera to the journalist intact, including the controversial footage.
    The ministry reported that neither the journalist nor the cameraman had
    reported any physical assault.
        Trialeti reported several other cases of police harassment during
    the year. The owner of the company alleged that it began after the
    company signed an agreement with pro-opposition Maestro TV. Trialeti
    representatives reported that they faced unequal access to government
    buildings, received anonymous phone threats, were disproportionally
    stopped for traffic violations, and were under surveillance by unknown
    persons while covering stories. They also reported that businesses
    advertising on Trialeti were threatened with financial audits.
        On October 7, Trialeti's news director reported that police
    officers assaulted him when they pulled him over for a traffic
    violation and then detained him for disobeying police orders. He was
    fined 400 lari ($226) by the local court. The PDO requested that the
    Office of the Chief Prosecutor open an investigation into the police
    assault allegations, but had no update on the case at year's end.
    According to the Ministry of Justice, authorities terminated an
    investigation into the case; a forensic examination determined that the
    news director had minor injuries on his arms and shoulder, and, while
    the arm injuries could have been inflicted at the time of arrest, the
    shoulder injury occurred earlier.
        On October 21, private security guards reportedly assaulted
    Kavkasia Television reporters filming a protest at Lilo Market, and
    police on the scene took no action. Kavkasia reported that they did not
    press charges or request an investigation. The PDO issued a statement
    on November 10 reporting that on November 3 it sent a letter to the
    prosecutor general demanding a response to the assault allegation.
    According to the Ministry of Justice, a journalist was questioned;
    neither the journalist nor anyone else reported any interference into
    the work of the journalists.
        According to a PDO statement issued on November 16, in October and
    November, an individual named Gela Chvritidze physically assaulted Enri
    Kobakhidze, the president of the Tanamgzavri television station. The
    statement indicated that Chvritidze appeared to have a police
    affiliation. On November 23, the OSCE representative on freedom of the
    media requested additional information about this case from the foreign
    minister. According to the PDO, the chief prosecutor launched an
    investigation on November 15; the investigation was pending at year's
    end. According to the Ministry of Justice, an investigation determined
    that the two persons in question got into a fight at a wedding
    ceremony, the cause of the fight was a private matter, and it had no
    connection to Kobakhidze's media ownership. Chvritidze was dismissed
    from the police.
        According to the PDO, there was no update in the investigation into
    the April 2009 alleged physical assault by police on Versia newspaper
    journalists, Ana Khavtasi and Nino Komakhidze, at an opposition protest
    rally in front of the Public Broadcaster's building.
        There were no developments, and none were expected, in the Ministry
    of Internal Affairs' investigations of November 2009 allegation by Mzia
    Amaglobeli, publisher of the Batumi newspaper Batumelebi, that the
    local unit of the ministry in Batumi tried to blackmail the head of the
    newspaper's investigative reporting team into cooperating with it.
    According to the Ministry of Internal Affairs, the investigation
    continued at year's end.
        There were no developments, and none were expected, in the
    investigation by the Ministry of Internal Affairs of death threats
    reportedly made in 2008 against editor in chief Eter Turadze and a
    staff member of the Batumelebi newspaper, or allegations by two
    independent journalists, Maka Tsiklauri and Irakli Goguadze, that the
    Government pressured them on matters related directly to their work in
    2008.
        There also were reports of attacks on journalists by
    nongovernmental actors. On May 7, a discussion on Kavkasia Television's
    program Barieri (Barrier) with leaders of two fundamentalist Georgian
    Orthodox groups and supporters turned into a fistfight. Representatives
    of the fundamentalist groups, Union of Orthodox Parents and the Public
    Orthodox Christian Movement, verbally and physically assaulted some of
    the program's guests and the station's staff, including journalists and
    the station's director general. Police detained at least eight persons.
    On August 12, the Tbilisi City Court found eight persons guilty of
    hooliganism and obstructing the work of journalists and sentenced them
    to four and one half years in prison.
        In April 2009 a journalist and a cameraman from Rustavi 2 alleged
    that three young persons assaulted them outside of parliament while
    they were covering nonparliamentary opposition protests. The cameraman,
    Levan Kalandia, stated that three young persons approached and started
    to insult journalist Natia Lekishvili, in a confrontation that
    escalated into a brawl. Video footage, broadcast on television, showed
    a young man punching the cameraman. According to the PDO, an
    investigation was launched and continued at year's end.
        According to the PDO, the assault on Prime News Agency journalist
    Teona Managadze by opposition protesters in April 2009 did not amount
    to a crime, and the PDO did not request an investigation.
        Media in the separatist regions of South Ossetia and Abkhazia
    remained tightly restricted by the de facto authorities and Russian
    occupying forces.
        HRW and Amnesty International reported that on July 24, in
    Tskhinvali, South Ossetia, as many as 10 assailants, including three
    members of the de facto South Ossetian ``parliament'' allegedly
    attacked an independent journalist and civil society activist, and
    threatened his colleague. The journalist suffered injuries from punches
    to his head, face, and body, and required hospitalization. The attack
    was allegedly in retaliation for his participation in a Georgian-
    Ossetian civil forum where humanitarian problems were discussed; de
    facto Ossetian authorities reportedly denounced participants in the
    forum as traitors. Both victims reportedly left South Ossetia after the
    attack.
        On September 22, Russian and de facto authorities in Abkhazia
    reportedly dismantled radio and television transmitters located in the
    Inguri power station. Without the transmitters, ethnic Georgian
    populations in the Gali region were no longer able to receive Georgian
    language programming.
        Often journalists worked without contracts, which in effect
    encouraged them to practice self-censorship. Journalists were hesitant
    to report material that did not reflect the owners' views, since they
    were afraid of losing their jobs. There were reports of authorities
    influencing journalists--sometimes through intimidation--into
    practicing self-censorship. Opposition party representatives and media
    advocates reported that they believed journalists either did not cover
    or lightly covered events that showed the Government in a negative
    light on their own volition out of concern that critical pieces would
    not be aired or could potentially cost them their jobs. An example was
    a discussion on media freedom hosted on December 22 by the pro-
    opposition Trialeti television and radio station. Pro-opposition media
    outlets Maestro and Kavkasia covered this discussion; however,
    progovernment outlets Rustavi and Imedi did not.

        Internet Freedom.--Outside of Abkhazia and South Ossetia, there
    were no government restrictions on access to the Internet or reports
    that the Government monitored e-mail or Internet chat rooms. However,
    according to November amendments to the Law on the Operative-
    Investigative Activity, communication companies are obligated to
    provide for the availability of private information for investigations;
    therefore, law enforcement officials conducting an investigation will
    have access to private e-mails, chats, open, and closed conversations
    on the Internet.
        Individuals and groups could engage in the expression of views via
    the Internet, including by e-mail. E-mail access rose slightly during
    the year but remained centered in Tbilisi and other metropolitan areas.
    According to International Telecommunication Union statistics for 2009,
    approximately 31 percent of the country's inhabitants regularly used
    the Internet.
        Insufficient information was available about the situation in the
    occupied territories.

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

        b. Freedom of Peaceful Assembly and Association.--Freedom of
    Assembly.--The constitution and law provide for freedom of assembly;
    however, there were concerns about provisions in the law. During the
    year authorities permitted demonstrations; of the few large protests,
    most, but not all, were held without incident.
        The law requires political parties and other organizations to give
    prior notice and to obtain permission from local authorities to
    assemble on a public thoroughfare. Permits for assemblies were
    routinely granted during the year. The law governing administrative
    offenses prohibits the blocking of streets ``artificially'' and
    ``deliberately,'' either by protesters themselves or with ``various
    types of constructions and/or objects.'' The amended law on police
    allows the use of nonlethal projectiles, including for riot control.
    The maximum prison term for a number of administrative offenses
    increased from 30 to 90 days. In contrast under the CPC, pretrial
    detention for criminal charges is 60 days.
        In October 2009 legal experts of the Venice Commission expressed
    concern over provisions in the Law on Assembly and Manifestations that
    restrict freedom of assembly, which they recommended that parliament
    amend. The experts and some NGOs also expressed concern that parliament
    enacted the law before receiving the commission's opinion and expressed
    a desire to comment on two other laws affecting freedom of assembly. At
    year's end parliament was in discussions with the commission to address
    their areas of concern.
        On September 2, the public defender submitted a constitutional
    complaint regarding a number of articles in three laws affecting
    freedom of assembly including, a ban on demonstrations by one person or
    by a person without Georgian citizenship; a prohibition on
    demonstrations within 20 meters of certain designated locations; a ban
    on blocking traffic under certain circumstances; the requirement to
    notify local officials five days in advance, thereby eliminating the
    possibility of a spontaneous demonstration; and a ban on defacing
    public property.
        The head of the Tolerance Center within the PDO reported that on
    May 4, he was hit on the head by a member of a fundamentalist Georgian
    Orthodox Church group during a rally in support of the publication of a
    book critical of the church. The rally was reportedly disrupted by
    extreme Orthodox Christian groups, some of whose members physically
    assaulted demonstrators. Police reportedly tried to part the
    conflicting sides but failed to respond adequately during the rally and
    failed to bring charges against those involved.
        On May 6, police and protesters reportedly suffered some minor
    injuries during a protest against Police Day. According to reports, a
    scuffle broke out when protestors tried to cross a police blockade to
    disrupt a police parade. Protesters threw stones and injured police
    officers, and police used batons in self-defense. There were no
    confirmed reports of arrests or excessive use of force by police.
    Except for this incident, the protest was reportedly conducted
    peacefully.
        The PDO requested an investigation into two aspects of the arrest
    of Irakli Kakabadze and two others who assembled to advocate the
    renaming of a Tbilisi street (see sections 1.c. and 1.d.).
        On August 19, police arrested two activists for allegedly resisting
    police orders during a protest of IDP evictions (see section 2.d.). The
    two were fined 400 lari ($217) and released the same day. The scuffle
    with protesters reportedly occurred when police attempted to arrest the
    protest organizer. However, there was no reported violence on the part
    of police, and police did not arrest the organizer.
        On October 21, vendors at one of Tbilisi's largest outdoor markets,
    Lilo, went on strike to protest the enforcement of tax regulations.
    Opposition politicians, accompanied by journalists, decided to enter
    the market to see the shops and protest their closure but were barred
    entry by nonuniformed police and private security providers, leading to
    a scuffle. Journalists said that during the incident security guards
    assaulted them (see section 2.a.). Police arrested opposition party
    member Zaza Chakvetadze (National Forum). On October 25, a judge denied
    bail to Chakvetadze and sent him to pretrial detention pending an
    investigation. Chakvetadze was charged with resisting arrest. National
    Forum denied any wrongdoing and stated that the arrest was politically
    motivated. According to the Ministry of Justice, Chakvetadze attempted
    to use a firearm. Chakvetadze pled guilty and was sentenced to a two-
    year suspended sentence and fined 2,000 lari ($1,130).
        Some school directors claimed that the Ministry of Education and
    Science forced them to resign after students at their schools protested
    reforms to the national university entrance exams on November 9. Eight
    directors resigned.
        The nonparliamentary opposition organized several large protests in
    2009 during which police or nonuniformed assailants reportedly clashed
    with protesters with little accountability. The nonparliamentary
    opposition groups held a sustained protest from April to July 2009.
    Throughout this protest, the opposition parties called for President
    Saakashvili's resignation. For the most part, authorities allowed the
    unauthorized rallies (which included prolonged disruptions of traffic
    and public thoroughfares) to take place unimpeded. However, NGOs and
    the PDO reported dozens of cases of attacks on participants as they
    were leaving these protests by unknown assailants wearing masks and
    carrying blunt instruments.
        In May 2009 police detained three young activists, who subsequently
    asserted that they had been beaten and threatened while in custody.
    Later during the day of their detention at Tbilisi police headquarters,
    several nonparliamentary opposition activists and police officers were
    injured in a confrontation outside the headquarters. According to the
    PDO, an investigation was launched, but there was no update by year's
    end.
        In June 2009 police and protesters clashed outside a Tbilisi police
    station. Police reportedly attacked the protesters, journalists, and
    the PDO representative on the scene, injuring some of them. Police
    arrested 39 protesters for resisting police orders. Five activists were
    sentenced to 30 days in prison. The Tbilisi City Court fined the others
    400 lari ($237) and released them. The PDO stated that their requests
    for information on investigations into allegations of misbehavior
    against police officers on this occasion remained unanswered at year's
    end.
        In July 2009 police arrested seven activists from a pro-opposition
    youth group that was rallying outside of parliament. The Ministry of
    Internal Affairs stated that all of the activists were charged with
    petty hooliganism, resisting police orders, and blocking the parliament
    building's entrance. One of the activists was fined 400 lari ($237);
    the others received either 12- or 14-day prison sentences for
    administrative offenses.
        According to a Web site, police arrested three opposition youth
    activists in November 2009, claiming that they had violated the amended
    law on rallies and resisted arrest. The Tbilisi City Court found the
    three guilty, despite the reported existence of film footage indicating
    that they had not violated the law or resisted arrest. GYLA criticized
    the arrest and the court ruling as a ``rough violation'' of freedom of
    assembly. The PDO reported that the three activists did not break any
    laws, stating that ``the constitutionally provided freedom of assembly
    of Dachi Tsaguria, Jaba Jishkariani, and Irakli Kordzaia has been
    violated.''
        In 2007 the Old Tbilisi District Prosecution Office initiated a
    preliminary investigation into injuries sustained by individuals during
    demonstrations in November 2007. The Office of the Chief Prosecutor's
    investigation into the incidents continued at year's end. NGOs,
    including HRW, continued to report that the Prosecutor's Office had not
    brought charges against attackers. The PDO had no update at year's end.
    The Ministry of Internal Affairs stated in 2007 that 11 police officers
    were dismissed because of inappropriate behavior during the
    demonstrations.

        Freedom of Association.--The constitution and law provide for
    freedom of association; however, the Government did not always respect
    this right in practice. There were some allegations during the year
    that members of opposition parties not represented in parliament (the
    nonparliamentary opposition) and their families and associates were
    selectively targeted for prosecution by law enforcement agencies and
    were subjected to stricter penalties than other citizens upon
    conviction. There also were allegations of pressure on opposition
    figures including surveillance and actual or threatened job loss. The
    lack of criminal accountability for physical assaults on opposition
    activists or supporters over the previous five years remained a
    problem.
        On August 31, the president pardoned the son and brother of
    opposition activist Eka Beselia, as part of a pardon of 240 prisoners.
    Police arrested them in August 2009 for hooliganism and disobeying
    police orders. In December 2009 the Batumi City Court sentenced them to
    1.5- and 2.5-year prison terms, respectively. Many legal analysts
    viewed these sentences as particularly harsh in view nature of the
    charges, although they were within sentencing guidelines. Beselia
    claimed that the arrests and convictions were due to her political
    activities.
        Regional police arrested opposition and Mestia city council member
    Neli Naveriani and three of her nephews on July 7 for allegedly
    extorting money from a Canadian investor building a tourist resort in
    Mestia. The investigation took five days. Naveriani admitted entering
    into negotiations with the investor because her family had used the
    land he was to build on for generations, but denied making any threats.
    Her family had not legally registered their claim to the land. NGOs,
    including GYLA, stated that Naveriani was targeted for prosecution
    because of her opposition role in Mestia and because she made public
    allegations of election violations by the governor of the Samegrelo-
    Zemo Svaneti region and the Mestia district executive chief (see
    section 3). The Zugdidi District Court found Naveriani guilty on
    November 9 and sentenced her to four years in prison. GYLA reported
    that she pled guilty on the expectation of a plea bargain, but the
    prosecutor's office turned down the motion. GYLA lawyers appealed the
    sentence, and the case was pending at year's end.
        Some opposition party figures, and the OSCE/ODIHR in its final
    report on the May municipal elections, noted that ``a pervasive climate
    of fear exists, such that state employees and their family members are
    reluctant to associate with the opposition, for fear of losing their
    jobs.''
        The Ministry of Internal Affairs made no arrests and did not
    conclude any investigations into cases reported during the spring 2009
    protests, including the assault on four members of the Ratom (Why)
    movement by 10 to 15 masked assailants who warned them not to attend
    any more rallies on pain of physical retribution; the reported physical
    and verbal assault on Shmagi Gelbakhiani, Ivane Gobejishvili, and other
    members of the youth organization of the nonparliamentary opposition
    group Alliance for Georgia as they were going to a protest rally
    outside parliament; and the reported beating of Gocha
    Sakhltkhutsishvili, a member of the organizational committee of the
    protest actions, and theft of his car.
        In 2009 the PDO published a report with 32 suspected politically
    motivated assaults on nonparliamentary opposition activists during the
    protests in April to July 2009. According to the PDO, it forwarded all
    the information gathered in these cases to the Prosecutor's Office for
    further investigation. Investigations were continuing at year's end.
        There were developments related to 2008 physical assaults reported
    by the PDO on opposition supporters Mamuka Kvaratskhelia, Ramin
    Abuladze, Davit Sazanishvili, Amiran Iobashvili, Nugzar Khutsurauli,
    Giorgi Tavdgiridze, Giorgi Shervashidze, Boris Dzanashvili, Levan
    Jgarkava, Levan Gvarjaladze, Davit Metreveli, Ioseb Bortsvadze, Zurab
    Giguashvili, and Nona Sagareishvili. According to the PDO, in the case
    of Gvarjaladze, a criminal suspect was found; Jgarkava requested the
    termination of his case himself in 2008; Dzanashvili's case was also
    terminated in 2008. According to the PDO, the other cases were not
    investigated. According to the Ministry of Justice, there was not
    enough evidence in the case of Dzanashvili to continue the
    investigation. According to the Ministry of Justice, the investigations
    regarding Kvaratskhelia, Abuladze, Sazanishvili, Iobashvili,
    Khutsurauli, Tavdgiridze, Shervashidze, Metreveli, Bortsvadze,
    Giguashvili, and Sagareishvil were still pending at year's end.

        c. Freedom of Religion.--For a complete description of religious
    freedom, please see the 2010 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 full freedom of
    movement within the country, foreign travel, emigration, and
    repatriation for Georgian citizens, but this freedom was limited in
    practice by de facto authorities and Russian occupying forces. The
    Government cooperated with UNHCR and other humanitarian organizations
    in protecting and assisting IDPs, refugees, returning refugees, asylum
    seekers, stateless persons, and other persons of concern.
        Georgian law imposes limitations on foreigners moving into and out
    of Abkhazia and South Ossetia. It also imposes special requirements on
    persons conducting economic activities in the occupied regions. There
    were no reports the Georgian authorities unduly restricted any
    international humanitarian organizations in practice. Russian and
    Abkhaz de facto authorities limited international organizations'
    ability to operate in Abkhazia; Russian and South Ossetian de facto
    authorities blocked virtually all international organizations,
    including humanitarian organizations, from regular access to South
    Ossetia.
        De facto authorities and Russian forces in the occupied regions of
    Abkhazia and South Ossetia restricted freedom of movement. Checkpoints
    operated by Russian border guards and de facto militia often obstructed
    citizens' movement within these regions and between these regions and
    areas controlled by the Georgian government. Although Abkhaz de facto
    authorities maintained that the administrative boundary with the rest
    of Georgia was officially closed, they allowed limited crossings at the
    Rukhi Bridge; in July they introduced a permit system that formalized a
    process of granting permission to cross the boundary for 100 Russian
    rubles (about $3) for a single trip. South Ossetian de facto
    authorities allowed limited crossings in and out of the Akhalgori
    region, which is populated predominantly by ethnic Georgians.
    International observers were able to gain limited access to Abkhazia,
    but only a small number gained occasional and extremely restricted
    access to South Ossetia.
        Following the 2008 hostilities, Russian and South Ossetian forces
    occupied villages outside of the South Ossetian and Abkhazian
    administrative boundaries. By October 2008 Russian and irregular forces
    had, to some extent, pulled back to preconflict positions. Major
    exceptions included an increase in the scale of the Russian presence
    and expansions into previously unoccupied areas, including a
    significant new Russian and Ossetian presence in the Akhalgori valley
    and the Upper Kodori Valley in Abkhazia. In October Russian forces
    withdrew from their checkpoint near Perevi, outside the South Ossetian
    administrative boundary, which they had maintained since the war.
        South Ossetian de facto authorities reportedly exerted pressure on
    local residents, especially younger residents, to accept South Ossetian
    authority. On September 24, the media reported that the de facto
    authorities announced that ethnic Georgians would face restrictions,
    such as a fee to cross the administrative boundary, unless they
    obtained South Ossetian ``passports.'' This requirement had not taken
    effect by year's end.
        An Abkhaz ``citizenship'' law allows dual Russian-Abkhaz, but not
    dual Georgian-Abkhaz, ``citizenship.'' Ethnic Georgians living in
    Abkhazia were required to acquire Abkhaz ``citizenship'' to open
    businesses, establish bank accounts, vote in elections, travel freely,
    or own property. While ethnic Georgians in the region could legally
    apply for Abkhaz ``passports,'' the processing of their applications
    met with long delays and, in most cases, was never completed. In late
    December, a de facto Abkhaz and a Russian member of a property rights
    commission stated that the commission would not consider claims to
    property in Abkhazia made by ethnic Georgians.
        Abkhaz de facto militia conducted searches of local populations.
    They extorted money and valuables from ethnic Georgians accused of
    violating the identity document requirements. International
    organizations reported that Gali residents faced serious threats of
    extortion, especially at harvest time, but generally refused to make
    public or specific allegations of such abuse for fear of retribution.
        The law prohibits forced exile, and the Government did not employ
    it.

        Internally Displaced Persons.--According to the Ministry for IDPs
    from the Occupied Territories, Refugees, and Accommodations, before the
    2008 armed conflict there were approximately 235,000 IDPs from the
    conflicts of 1992 and 1993; the UNHCR estimated this number at 359,716
    during the year. The UNHCR estimated that of the approximately 127,000
    individuals displaced as a result of the 2008 conflict, 3,472 remained
    displaced as of January. They had not received a durable solution in
    undisputed Georgia. In addition as of January, the UNHCR counted
    105,715 persons as being in an ``IDP-like'' situation needing
    protection and humanitarian assistance; this number included
    individuals who returned to Abkhazia, South Ossetia, and areas adjacent
    to the Administrative Boundary Line with both South Ossetia and
    Abkhazia, as well as those displaced in the 2008 conflict who were
    subsequently relocated.
        By year's end most IDPs displaced in 2008 had received formal IDP
    status under national legislation; however, IDP status was not
    established for some individuals who were displaced or claimed to have
    been displaced in the 2008 conflict. These individuals, described by
    the Ministry for IDPs from the Occupied Territories, Refugees, and
    Accommodations as ``IDP status seekers,'' include persons who had never
    been registered with Georgian authorities, such as persons who never
    underwent birth registration or who were displaced from regions which
    prior to 2008 were not under Georgian control; persons whose departure
    from South Ossetia cannot be established as indeed having been caused
    by the conflict; or persons who cannot prove their former residence in
    the occupied territories. These include in particular persons who may
    own property in the Akhalgori region of South Ossetia, but may have
    moved for economic, educational, or other reasons prior to the
    conflict. As there was some seasonal movement of persons to and from
    Akhalgori, it was at times difficult to establish where an individual
    was settled at the time of the conflict. Various agencies including the
    Government, the UNHCR, and NGOs employed different methods in
    estimating the total number of IDPs.
        During the year IDPs from the 2008 conflict continued to receive
    assistance, including a monthly status-linked cash payment from the
    Government, as well as some benefit from assistance activities of the
    international donor community. The Ministry for IDPs from the Occupied
    Territories, Refugees, and Accommodations continued to implement the
    action plan for the implementation of the State Strategy on IDPs
    adopted in 2008. The main objectives of the plan were to provide decent
    living conditions for IDPS and promote their socioeconomic integration
    while they are displaced and to create conditions for the return of
    IDPs in safety and dignity. The Government took steps during the year
    to rehabilitate existing collective centers, purchase or build new
    housing, or offer cash payments in lieu of providing housing to IDPs
    from the early 1990s and 2008 conflicts. The Government made
    substantial progress on providing housing to IDPs and moved from a
    reactive approach (getting as much housing built as quickly as
    possible) to a long-term solution approach (providing durable solutions
    to IDPs from both conflicts). Most IDPs, primarily those displaced in
    conflicts in the 1990s, nonetheless continued to endure inadequate
    living conditions. These were often in dilapidated collective centers
    occupied in irregular fashion at the time of displacement, which often
    fail to meet minimum standards for shelter and sanitation, and with
    insufficient access to services and economic opportunity.
        NGOs and international organizations such as the UNHCR and the UN
    criticized a series of IDP evictions from Tbilisi between June and
    August. On August 20, the UNHCR and others raised concerns about the
    transparency of the process. The PDO raised concerns about the
    conditions of the alternative housing provided. On September 17, the
    representative of the UN secretary general for the human Rights of
    IDPs, Walter Kaelin, said that while the action plan for IDPs was
    generally sound, more needed to be done to provide for livelihoods and
    social support, especially for IDPs relocated from temporary
    accommodations. He cited the summer's IDP evictions as a matter of
    particular concern but welcomed the Government's willingness to work
    with the UNHCR and the international community to create eviction
    procedures that would provide for sufficient notice and support before
    removals took place. Authorities completed eviction procedures at the
    end of September, and they were approved by the Ministry for IDPs from
    the Occupied Territories, Refugees, and Accommodation and by the UNHCR.
        In November the PDO released Report on the Human Rights Situation
    of Internally Displaced Persons and Conflict-Affected Individuals in
    Georgia. The report found that the country's laws and regulations on
    IDPs ``do not contradict'' international standards, and praised the
    State Strategy as consistent with international norms. However, the
    report noted problems in the implementation of the strategy, including
    lack of sufficient communication between the Ministry for IDPs from the
    Occupied Territories, Refugees, and Accommodations and the IDPs,
    insufficient participation of civil society, and inadequate
    coordination within the Government in providing housing solutions for
    IDPs.
        On May 27, the ECHR ruled that former ministry of internal affairs
    official, Batalbi Saghinadze, an IDP from Abkhazia living outside of
    Tbilisi since 1994, had been unlawfully deprived of the right to use
    the residence from which he was evicted in 2004 by the Ministry of
    Internal Affairs, which previously owned it (see section 1.e.).
        Abkhaz de facto authorities continued to prevent repatriation of
    the approximately 235,000 persons displaced by the 1992-93 war, despite
    their 1994 agreement with Georgia, Russia, and the UNHCR, which called
    for the safe, secure, and voluntary return of IDPs who fled during the
    war. Approximately 45,000 IDPs, many working as seasonal laborers, have
    returned to the Gali region of Abkhazia, but Abkhaz de facto
    authorities refused to allow the return of IDPs to other regions of
    Abkhazia. A property law prevented IDPs living elsewhere in Georgia
    from reclaiming homes in Abkhazia, especially outside Gali.
        On September 7, the UN General Assembly passed a resolution calling
    for the voluntary, safe, and dignified return of IDPs to and from
    Abkhazia and South Ossetia; the right of IDPs to the property they left
    behind in the occupied territories; and the prohibition of a forced
    demographic change in the regions.

        Protection of Refugees.--The law provides for the granting of
    asylum or refugee status, and the Government has established a system
    for providing protection to refugees.
        UNHCR reported that in June the permanent Martkopi Reception Center
    for Asylum Seekers officially opened on the outskirts of Tbilisi to
    improve the overall asylum system and to bring it closer to
    international standards of protection for asylum seekers. On June 15,
    the European Commission against Racism and Intolerance (ECRI) reported
    the Government granted two refugees residence permits and travel
    documents for travel outside the country. The UNHCR reported that the
    refugee population during the year was 693; 44 persons sought asylum
    during the year.
        In practice the Government provided some protection against the
    expulsion or return of refugees to countries where their lives or
    freedom would be threatened on account of their race, religion,
    nationality, membership in a particular social group, or political
    opinion. There were no reports of such returns during the year.
        In a 2008 report, the UNHCR expressed concern that law did not
    fully provide for such rights and recommended additional legislation
    and procedural safeguards, training for border guards, and a mechanism
    to speed referral of asylum seekers. During the year the UNHCR observed
    cases in which asylum seekers were referred to the Ministry for IDPs
    from the Occupied Territories, Refugees, and Accommodations by border
    guards, and noted improved cooperation on training issues.
        On June 15, ECRI reported an improvement in relations between
    police and Chechen refugees in the Pankisi valley area. During the year
    the UNHCR declared its mandate fulfilled with respect to the permanent
    settlement of the Chechen refugee population in the Pankisi valley and
    closed its suboffice for the region on December 31.
        The Russian soldiers who defected to Georgia from South Ossetia in
    June and December 2009 remained in the country with protected status as
    asylum seekers at year's end. In both case the Government assisted the
    asylum applicants with temporary protection while they initiated the
    process of applying for asylum in the country. Neither asylum case was
    resolved by year's end.

        Stateless Persons.--The law provides citizenship at birth if one or
    both parents are citizens. It also gives citizenship to children of
    stateless individuals born on the country's territory. Article 26 of
    the Law on Citizenship provides that an adult may become a citizen by
    satisfying the following requirements: (a) has been permanently
    residing on the country's territory during the previous five years; (b)
    knows the state language; (c) is familiar with its history and laws;
    (d) has a job or owns real estate on the country's territory, realizes
    business or owns shares in a Georgian company or industry. However, a
    person seeking naturalization is expected first to give up any previous
    citizenship.
        According to December government statistics, a total of 1,987
    legally stateless persons were identified and registered by the
    authorities. The UNHCR recorded 1,826. Nevertheless, due to delays in
    issuing birth certificates and other documentation problems (especially
    among minority communities), the actual number of stateless persons in
    the country was likely higher. Among those registered as stateless,
    documentation was poor. The number of registered stateless persons may
    include Chechens, who volunteered for repatriation to Russia but were
    rejected because they were never registered in Russia and did not have
    documented Georgian citizenship. This confusion was compounded for
    persons who lived in the occupied territories.
        Children lacking birth certificates were unable to participate in
    social aid or educational programs. Often children were not registered
    because their parents had no documentation. In 2008 the Civil Registry
    Agency (CRA) launched an intensive registration project in Kvemo Kartli
    to register juveniles and family members who lacked identification
    documents. Since 2008 approximately 11,000 persons, living in 10
    regions throughout the country, were identified through a UNHCR program
    (implemented by an NGO, the Legal Development and Consultation Group,
    in close collaboration with the CRA) as lacking necessary
    documentation. To date over 60 percent of these have received free
    legal aid, assistance in obtaining documentation to establish their
    birth, confirmation of their right to Georgian citizenship, and finally
    receipt of identity papers.
        In May 2009 the CRA opened new offices in Khvelvachauri and Poti.
    Two agency offices in Senaki and Gori were restored and refurbished,
    which (as with all the other agency territorial offices) provided for
    IDP registration as well as registration and documentation of IDPs
    lacking documentation due to the destruction of the national archives
    on the South Ossetian side of the administrative boundary. In 2008 the
    CRA counted 2,500 IDPs without documentation, out of which
    approximately 1,700 were assisted through the NGO Legal Development and
    Consultations Group and the agency. The 2002 census, the latest,
    reported the number of Roma at 472. Many Romani IDPs from Abkhazia were
    not entitled to IDP social assistance because they had no documentation
    to prove their status. CRA officials stated that Roma with out-of-date
    Soviet passports had no difficulty applying for and receiving Georgian
    documents but noted that Roma were often reluctant to file official
    applications for documents.
    Section 3. Respect for Political Rights: The Right of Citizens to
            Change Their Government
        The constitution and law provide citizens with the right to change
    their government peacefully; however, the Government's record in the
    most recent national elections was mixed. The OSCE/ODHIR noted progress
    but also significant shortcomings in the May 30 municipal elections.
        On October 15, parliament approved a number of amendments to the
    constitution including provisions that shift some political powers from
    the president to the prime minister in 2013. The Council of Europe's
    Venice Commission considered the October 15 constitutional amendments
    to contain ``several important improvements'' but concluded that it
    would be desirable to strengthen the powers of parliament further. The
    commission also viewed the no confidence procedures as a potential
    source of instability due to the time frame and potentially cumbersome
    process. Some civil society activists, opposition leaders, and others
    had urged the parliament to extend the period for public debate and for
    parliament's consideration of Venice Commission recommendations.

        Elections and Political Participation.--According to the OSCE/ODIHR
    election observation mission, the May 30 municipal elections marked
    evident progress towards meeting OSCE and Council of Europe
    commitments. However, significant remaining shortcomings included
    deficiencies in the legal framework, its implementation, an uneven
    playing field for candidates, and isolated cases of election-day fraud.
        The May elections included the first direct elections of the
    Tbilisi mayor. In its final report on the election released on
    September 13, the OSCE/ODIHR mission noted improvements, including in
    the management of the election administration and in efforts to enhance
    the quality of voters' lists. The ODIHR assessed voting positively in
    96 percent of polling stations visited by observers; however, regional
    variations pointed to systemic problems in some areas. Observers also
    reported a variety of procedural violations including 13 instances of
    likely ballot box stuffing as well as cases of multiple voting, proxy
    voting, and a series of seemingly identical signatures of voters on
    voters' lists. The observers also noted procedural violations in one-
    fifth of the vote counts and one-fourth of the vote tabulations they
    monitored. The most widely observed procedural violations related to
    inking.
        Despite reforms enacted in 2009, the OSCE/ODIHR final report also
    found that inadequacies remained in the electoral code including:
    limitations on candidacy and voting rights; an election system that
    does not guarantee the equality of the vote; provisions that allow
    unlimited campaigning by certain public officials and the use of
    administrative resources for campaign purposes; and a number of gaps,
    inconsistencies, and contradictions.
        The OSCE/ODIHR mission received allegations of violations from
    opposition parties and nongovernmental organizations, including reports
    of pressure on opposition candidates to withdraw. The mission found
    that 4.5 percent of candidates running for majoritarian seats withdrew
    after registering, although the reasons for their withdrawals were not
    reported.
        One case reported by NGOs, including GYLA and TI/Georgia, involved
    the governor of Samegrelo-Zemo Svaneti and the district chief executive
    of Mestia. On the night of May 3, the governor and the district chief
    reportedly ordered police to assemble opposition candidates forcibly
    and bring them to the city administration building. Once inside the
    building, the governor allegedly pressed the opposition candidates to
    withdraw from the elections. Four candidates reportedly signed
    withdrawal documents that night. The Government's Interagency Task
    Force for the elections recommended that the governor take a leave of
    absence from his office, which he did, but he returned soon after the
    May 30 elections. As of year's end the local prosecutor's office had
    not filed criminal charges, and an investigation by the office remained
    underway. In late October the district chief executive resigned from
    his position.
        An observer from the NGO Public Movement Multinational Georgia
    (PMMG) took a video of precinct election commission officials stuffing
    the ballot box in the city of Akhalkalaki; the Central Election
    Commission annulled the results from the precinct. The chairman of the
    precinct was charged with election fraud on July 10 and pled guilty.
        On June 18, a precinct chairman in Sagarejo, Asan Isakhan Ogli
    Abdulaev, was charged with breach of ballot secrecy; he pled guilty.
    Also on June 18, two members of Precinct No. Three in Batumi were
    charged with illegal interference in an election using violence or
    threat of violence; they allegedly physically assaulted an election
    observer; the case continued at year's end. On June 23, Nanuli
    Chkhikvishvili was charged with election fraud for changing an election
    protocol; Chkhikvishvili pled guilty. On July 11, Bukhuti Chkhaidze, a
    police officer in Guria, was charged with illegal interference in an
    election and suspended from his position. He allegedly pressured a
    local opposition candidate to withdraw on April 7.
        The OSCE/ODIHR election observation report also noted that the
    distinction between the state and the ruling party was sometimes
    blurred and that there was not always a clear distinction between the
    official and party functions of public officials. Previous OSCE/ODIHR
    election reports also highlighted these concerns.
        NGOs reported that government employees were pressured by their
    supervisors to vote for, and donate to, the ruling party with the
    implied understanding that failure to do so might result in a loss of
    employment. The OSCE's final report noted that opposition parties made
    the same allegation. The OSCE also reported a number of allegations
    that businesses were reluctant to donate to some opposition parties due
    to fear of negative consequences.
        According to TI/Georgia's final report on the use of administrative
    resources during the municipal elections (released July 14), in the 31
    municipalities that provided information, over 1,300 employees were on
    leave in April and May, presumably to work on the Government's election
    campaign. The OSCE reported allegations that municipal offices in
    several places were understaffed during the month before the elections
    due to ``mass leave-taking.''
        Presidential and parliamentary elections were held in January 2008
    and in May 2008, respectively. The OSCE's final report on the
    presidential election concluded that authorities and other political
    stakeholders made significant efforts to conduct the 2008 parliamentary
    elections in a way that was consistent with OSCE and Council of Europe
    commitments; it noted that, while the election was consistent with most
    OSCE and Council of Europe standards and presented the first genuinely
    competitive post independence presidential election, implementation was
    uneven and incomplete. The campaign was overshadowed by allegations of
    intimidation and pressure. The distinction between state activities and
    the ruling party campaign of the ruling party incumbent candidate
    Mikheil Saakashvili was blurred. The election was marred by other
    shortcomings in the election process, most notably in the counting and
    tabulation of the results, the appeals procedures, and management of
    election complaints.
        The OSCE assessed that authorities and other political stakeholders
    made significant efforts to conduct the 2008 parliamentary elections in
    line with OSCE and Council of Europe commitments; however, according to
    the OSCE, a number of problems made this implementation uneven and
    incomplete. The OSCE report again noted shortcomings in vote counting,
    tabulation, and election complaints management. The OSCE also reported
    widespread allegations of intimidation and pressure on opposition
    activists, public-sector employees, and others, in the presidential and
    parliamentary elections. There also were credible allegations that
    businesses were pressured to contribute to the ruling party.
        The OSCE's report noted that the election campaign was conducted in
    a highly polarized environment, compounded by reports of widespread
    intimidation. The OSCE examined a series of postelection beatings and
    other violence involving masked men, who attacked a total of 13
    opposition activists, many of whom were in the process of taking legal
    action against alleged election-related irregularities. The OSCE
    visited seven of the 13 individuals and confirmed that they had been
    attacked. It noted that some opposition leaders accused the authorities
    and the ruling party of responsibility for the postelection attacks.
    The public defender also issued a statement criticizing the attacks and
    noted that a number of individuals who had been attacked refused to
    identify themselves due to fear of reprisal.
        At year's end no progress was reported, and none was expected, in
    investigating alleged attacks by unknown assailants on members of the
    political opposition before and after the 2008 presidential and
    parliamentary elections. Opposition members accused the Government of
    failing to make a genuine effort to identify, arrest, and try the
    attackers, many of whom wore masks.
        There were no government restrictions on political party formation
    beyond registration requirements. However, an individual could not run
    for office without party affiliation. According to the Ministry of
    Justice's Registration and Licensing Department, there were 206
    registered political parties during the year compared with 200 in 2009;
    however, only approximately 10 parties were regularly active. During
    the year persons and members of organizations linked to the opposition
    asserted that they were unduly singled out for prosecution (see
    sections 1.d. and 1.e.).
        There were no developments in the Ministry of Internal Affairs
    investigation into the August 2009 kidnapping and wounding of well-
    known karate and wrestling champion Amiran Bitsadze by unknown
    assailants. Bitsadze, a member of the nonparliamentary opposition party
    Democratic Movement-United Georgia (DMUG), was found alive with two
    bullet-like wounds on his back, a broken leg, and a broken arm. The
    DMUG claimed that the motivation for the attack was Bitsadze's
    affiliation with the party. According to the Ministry of Internal
    Affairs, an investigation continued at year's end.
        There were eight women in the 150-seat parliament. One of the seven
    vice speakers was a woman, as was the chair of the parliament's
    procedural committee. There were three women in the cabinet and six on
    the Supreme Court.
        There were five members of ethnic minority groups in parliament:
    two ethnic Armenians and three ethnic Azeris. There were two members of
    minorities in the cabinet. There were no members of minorities in the
    Supreme Court. By law the number of seats held by ethnic minorities in
    municipal councils was commensurate with the ethnic population in each
    region of the country. Higher-level city managers included ethnic
    minority leaders among their ranks.
        According to the final OSCE/ODIHR report on the May elections,
    women were underrepresented in leadership positions in the election
    administration as well as among the candidates for and members of city
    councils. However, they were well represented in lower-level election
    commissions. The OSCE/ODIHR mission found that many parties put forward
    candidates belonging to national minorities and that election materials
    were made available in minority languages, but not in all areas
    inhabited by minorities.
        The de facto authorities in Abkhazia continued to restrict the
    rights of citizens to vote and to participate in the political process
    through a ``citizenship'' law that forced ethnic Georgians to give up
    their Georgian citizenship to vote in regional elections. Even those
    ethnic Georgians willing to apply for Abkhaz ``passports'' generally
    did not receive them because of extensive delays and were, therefore,
    unable to participate. Ethnic Georgians in South Ossetia were also
    required to accept a South Ossetian ``passport'' and ``citizenship'' to
    participate fully in political life.
    Section 4. Official Corruption and Government Transparency
        The law provides criminal penalties for official corruption. The
    Government implemented these laws effectively against low-level
    corruption, which decreased because of high-profile reforms led by the
    president. Additionally, some internationally respected organizations
    indicated that Georgia made progress in this regard, but some NGOs
    alleged that senior-level officials engaged in corruption with
    impunity. The World Bank's worldwide governance indicators reflected
    that corruption was a problem.
        There was a general consensus among public officials and civil
    society organizations that levels of petty corruption fell after the
    2003 Rose Revolution. Observers attributed the improvement to the
    detention of corrupt public officials, increases in public servants'
    salaries, and the simplification of administrative procedures.
        Several high-ranking officials were indicted on corruption charges
    during the year.
        Police corruption was low at the patrol police level. The
    relatively high salaries for police officers provided an incentive to
    refrain from using their positions to extort money from citizens.
        High-level corruption remained a concern. Observers considered the
    official anticorruption campaign too heavily focused on prosecution as
    opposed to prevention and unstructured rather than systemic and
    participatory. Areas of concern included democratic institutions, civil
    society involvement in the planning and execution of public policy,
    property rights, and elite corruption. NGOs also raised concerns about
    the Government's connection to business and, in particular, corruption
    in the conduct of bids. There were such cases during the year.
        On June 4, the president approved a new national anticorruption
    strategy. TI/Georgia's report Monitoring Georgia's Anti-Corruption
    Commitments noted that the weakest governance link was the insufficient
    independence of the judiciary and the civil service. Judicial
    independence was rated at 71 percent, although its rating was
    significantly higher when discussing the legal framework than when
    addressing its practical enforcement and public attitudes toward the
    system. It also noted deficiencies in terms of the independence,
    accountability and transparency of civil servants, which received a low
    overall rating of 50 percent. This was mainly due to the lack of
    effective mechanisms for enhancing civil service independence and
    accountability (rated at 38 percent) and the lack of proper training of
    civil servants (rated at 50 percent).
        The Ministry of Justice took some action during the year to curb
    bribery. According to the ministry, 146 investigations of passive
    bribery were initiated, (146 persons were prosecuted and 117 convicted;
    there were 43 investigations of active bribery (87 prosecuted and 67
    convicted) and seven cases of trading in influence (three persons
    prosecuted and convicted.) This compares with 2009's convictions:
    accepting bribes, 40; giving bribes 47; and trading with influence,
    three.
        Two judges and one prosecutor were convicted during the year of
    corruption-related charges. The Inspector General's Office of the
    Ministry of Justice actively enforced internal ethics and disciplinary
    rules in the Prosecution Service.
        For the judiciary, addressing corruption and ensuring a cadre of
    independent judges involved training, salary adjustments, pensions,
    benefits, and improving basic work conditions. However, a May GYLA
    report on the judiciary noted that there were no objective, transparent
    criteria for determining bonuses for judges.
        The law requires public officials to submit yearly declarations of
    their own and family members' financial incomes and property for tax
    inspection. The Bureau of Declarations received the financial
    declarations, and the Prosecutor's Office under the Ministry of Justice
    investigated government corruption cases.
        On May 31, the Ministry of Justice's Inspector General Office
    conducted a large scale anticorruption operation and arrested a judge
    of the Tbilisi Court of Appeals, Dimitri Mchedlishvili, for allegedly
    accepting a bribe of 5,000 lari ($2,825) in exchange for assisting a
    defendant on a criminal case. During 2005-07, Mchedlishvili was the
    Chief of the Judicial Disciplinary Proceedings Department at the High
    Council of Justice. Also arrested was prosecutor Levan Bochorishvili,
    who allegedly accepted bribes in the amount of 1,000 and 1,500 lari
    ($565 and $847) for entering into favorable plea agreements for
    defendants.
        On June 11, the Prosecutor General's Office arrested Elizbar
    Lominadze, the general director of JSC Energy XXI, and Teimuraz
    Zurmukhtashvili, the history archive director of the Central Archive of
    Georgia. According to the Prosecutor's Office statement, a preliminary
    investigation alleged that Lominadze accepted 180,000 lari ($101,695)
    in bribes from various companies for concluding contracts with them in
    the execution of a government-funded project. Zurmukhtashvili allegedly
    acted as the contact person in arranging the bribes.
        On September 16, Koka Pruidze, a former deputy minister of labor,
    health, and social affairs, was arrested and charged with abuse of
    official position and bribery. The Prosecutor's Office stated that in
    2009 Pruidze used his official position to influence the ministry's
    decision on a tender for the procurement of vaccine for a state-funded
    vaccination program. The prosecution stated Pruidze received 25,000
    lari ($14,124) in exchange for the tender in which the company offered
    the vaccine for three times the regular price. The trial continued at
    year's end.
        In May a court convicted a prosecutor arrested in December 2009 and
    charged with accepting a 2,000 lari ($1,130) bribe to secure a
    favorable sentence for a defendant (see section 1.e.).
        In 2007 Mikheil Kareli, the former governor of Shida Kartli region,
    was charged with bribery and illegal business practices. He fled to
    France to escape prosecution. The Government decided to try Kareli in
    his absence, and the trial continued at year's end. In 2008 French
    authorities arrested Kareli and continued reviewing the Government's
    extradition request.
        The law provides for public access to government meetings and
    documents; however, the Government sometimes did not provide access.
    Although the law states that a public agency shall release public
    information immediately or no later than 10 days after it is requested,
    the release of requested information could be delayed indefinitely, and
    requests were sometimes ignored in practice. NGOs noted that a 100 lari
    ($56) fee for court information was restrictive and limited the ability
    to request information. On May 3, many regional newspapers printed
    blank front pages to raise awareness about problems in obtaining
    information from government agencies.
        On June 22, TI/Georgia reported the results of field tests of 52
    Freedom of Information requests sent to 10 public agencies by four
    different sets of volunteers between February and May. In 78.8 percent
    of cases, public agencies provided satisfactory responses.
    Unsatisfactory responses (21. 2 percent) included the absence of any
    response, oral or written refusals without an acceptable reason,
    incorrect referrals, and incomplete answers. None of the five requests
    sent to various institutions for information about public officials'
    bonuses received a satisfactory reply. The most responsive institutions
    were the Chamber of Control, the Central Election Commission, the
    Supreme Court, and parliament. The Prosecutor's Office was the least
    responsive, replying to only one of four requests. Low response rates
    were also observed at the Ministry of Defense (50 percent), Ministry of
    Internal Affairs (50 percent), and Ministry of Justice (25 percent).
    The type of requester (NGO, journalist, minority citizen, or
    unaffiliated citizen) had no significant effect on the chances of
    receiving an adequate response. There were violations of the maximum
    timeframes within which the information should be provided according to
    the law.
        On July 21, parliament passed an amendment to the freedom of
    information law restricting third-party access to information about
    cases involving the Government in international courts. NGO Human
    Rights Center reported that this was the first time the Government
    restricted the country's freedom of information legislation since the
    2003 Rose Revolution.
        In Abkhazia criminals paid bribes to de facto police, prosecutors,
    and judges to avoid prosecution.
    Section 5. Governmental Attitude Regarding International and
            Nongovernmental Investigation of Alleged Violations of Human
            Rights
        Domestic and international human rights groups in most cases
    operated without government restriction, investigating and publishing
    their findings on human rights cases. Some NGOs enjoyed close
    cooperation with the Government, and officials were cooperative and
    responsive to their views; others complained of not having sufficient
    access to government officials and the Government's failure to take
    into account civil society views. Some NGOs also reported instances in
    which authorities harassed their organization and staff.
        The major human rights problems that caused tensions between the
    Government and NGOs during the year were the alleged mistreatment of
    prisoners, intimidation and use of government resources during the May
    municipal elections, harassment of human rights defenders and
    journalists, the conduct of IDP evictions, and a lack of investigatory
    conclusions in reported cases against journalists, civil society
    activists, and nonparliamentary opposition members.
        In a January 15 statement, a coalition of 13 NGOs raised concerns
    about a smear campaign allegedly being conducted against human rights
    defenders. They reported that several negative stories about them were
    broadcast in December 2009, including a report by the Georgian Public
    Broadcaster about the activities of the NGO Human Rights Priority in
    relation to IDPs conflict victims; a claim broadcast on Rustavi 2 that
    the release of prisoners detained in South Ossetia was ``spoiled'' by
    the Georgian Young Lawyer's Association; and a broadcast on Real
    Television in which former ombudsman Sozar Subari was accused of
    protecting only the rights of religious minorities during his time in
    office.
        The NGO Human Rights Center reported that on February 22, the
    newspaper Versia (Version) accused the chairman of the PMMG, Arnold
    Stepanian, of working with Russian intelligence services. The tax
    inspection division of the Ministry of Finance closed Stepanian's
    father's shop twice during the year for inspections, the second time
    for more than six months. At a March 10 meeting with members of the
    diplomatic community, NGOs raised concerns that the closures were part
    of an effort to discredit and pressure human rights defenders,
    particularly those working in ethnic minority areas, in the period
    immediately prior to the May 30 municipal elections.
        NGOs continued to view the PDO as the most objective of the
    Government's human rights bodies. The constitutionally mandated office
    monitored human rights conditions and investigated allegations of
    abuse. The office generally operated without government interference
    and was considered effective. The Government funded the PDO, which
    received 1.5 million lari ($847,458) during the year.
        On July 21, parliament granted the public defender the right to
    make nonbinding recommendations to law enforcement agencies that they
    investigate particular cases. Parliament also clarified the public
    defender's obligation to submit an annual report to it on the human
    rights situation for the calendar year instead of semiannually and
    required government offices to respond to all requests for information
    from the PDO within 10 days, rather than 15. The July 21 amendments
    also permit the PDO to act as an amicus curiae, a professional person
    or organization not a party to a particular case but permitted by the
    court advise it on some matter of law that directly affects the case in
    question. However, the PDO may no longer report on torture unless the
    victim gives clear consent.
        The de facto authorities in the occupied territories did not grant
    the PDO access to those territories.
        The public defender's most recent semiannual report, which covered
    the second half of 2009, focused mainly on the mistreatment of inmates,
    poor prison conditions, and other shortcomings in the criminal justice
    system; these were problems which continued during the year. The report
    noted that judges continued to fail to provide justifications for their
    rulings and indicated that instances of police mistreatment of
    detainees increased during the year.
        During the year the PDO published several special reports,
    including the 2009 National Preventive Mechanism Report and a report on
    IDPs (see sections 1.c., 1.d., and 2.d.). The public defender also
    submitted a constitutional complaint regarding legislation governing
    freedom of assembly (see section 2.a.).
        The public defender's authority does not include the power to
    initiate prosecution or other legal actions, but he can recommend
    action, and the Government must respond. The PDO noted that the Law on
    the Public Defender does not explicitly authorize the NPM to use audio
    and video equipment. Instead the NPM follows the regulations
    established by each institution. The PDO noted that prisons and police
    stations place certain restrictions on this activity.
        In June 2009 police assaulted a representative from the PDO while
    he was monitoring a nonparliamentary opposition protest (see section
    2.b.). There were no developments in this case.
        The parliamentary Committee on Human Rights and Civil Integration,
    the Ministry of Internal Affairs' Human Rights Division, and the
    National Security Council's human rights advisor had mandates to
    investigate claims of abuse.
        By law the prosecutor general is charged with protection of human
    rights and fundamental freedoms. The Human Rights Unit at the Office of
    Chief Prosecutor monitored overall prosecution and supervision of
    compliance with national and international human rights standards. The
    unit reviewed statistical and analytical activities within the
    prosecution system and was responsible for considering and responding
    to human rights recommendations of national and international human
    rights institutions.
        De facto authorities in Abkhazia allowed some international
    organizations, including several UN agencies, to operate there on a
    limited basis, but only the ICRC had a specific human rights mandate.
    De facto authorities in South Ossetia allowed no international
    organization except the ICRC to operate there on a regular basis, but a
    few organizations, including the Council of Europe and the OSCE, gained
    extremely restricted access on an occasional basis, also without a
    human rights mandate.
        The EUMM facilitated conflict resolution (including conflicts
    involving human rights problems) among Georgian, Russian, and de facto
    authorities in the occupied regions by regularly patrolling near the
    conflict areas and facilitating informal contacts among the sides.
    However, despite the 2008 ceasefire agreement's provisions, the EUMM
    was denied access to the occupied regions. Patrols could be conducted
    only on the undisputed Georgian side of the administrative boundary
    lines.
        On October 28, South Ossetian de facto authorities participated in
    a meeting on incident prevention and response mechanisms (IPRM) for the
    first time after a one-year boycott. The Abkhazia IPRM met throughout
    the year. The Geneva Discussions, which were mandated by the 2008
    ceasefire, established one IPRM meeting for each conflict area to
    facilitate practical and depoliticized discussions of the situation on
    the ground.
    Section 6 Discrimination, Societal Abuses, and Trafficking in Persons
        The constitution and law prohibit discrimination based on race,
    gender, religion, disability, language, or social status; however, the
    Government did not always enforce these prohibitions effectively.

        Women.--Rape is illegal, but spousal rape is not specifically
    addressed by criminal law. Criminal cases of rape generally could be
    initiated only after a complaint by the victim. A first-time offender
    may be imprisoned for up to seven years; a repeat offender or
    perpetrator against multiple victims may receive up to 10 years'
    imprisonment. If the victim is, or becomes, pregnant, contracts HIV/
    AIDS, or is subjected to extreme violence, the sentence may be
    increased to 15 years or, if the victim is a minor, up to 20 years.
    During the year investigations were initiated in 118 rape cases
    compared with 136 in the first 11 months of 2009. Observers believed
    many instances of rape were unreported due to the social stigma for
    victims and because police did not always investigate reports of rape.
        Domestic and other violence against women was a problem. Cases were
    underreported. According to statistics from the Ministry of Internal
    Affairs, 2,991 domestic violence cases were reported to the police
    during the year compared with 1,331 cases in 2009 and 2,576 in 2008.
        Domestic violence is an administrative crime legally defined as a
    violation of the constitutional rights and liberties of one member of a
    family by another through physical, psychological, economic, or sexual
    violence or coercion; however, domestic violence is not specifically
    criminalized. Authorities prosecuted perpetrators of domestic violence
    under existing criminal provisions, such as battery or rape.
        The law allows victims to seek immediate protective orders from
    courts against abusers, and it authorizes police to issue temporary
    restrictive orders against persons suspected of abusing a family
    member. However, restrictive orders were issued in only 182 cases of
    domestic violence during the year, compared with 176 cases in 2009, and
    141 in 2008. The NGO GYLA reported that police did not use restrictive
    orders during domestic violence calls. A court should approve a
    restrictive order within 24 hours of a victim's application. It
    prohibits the abuser from coming within 100 meters (310 feet) of the
    victim and forbids the perpetrator to use common property, such as a
    residence or vehicle, for six months. The victim may request an
    unlimited number of extensions of the protective order. A violation of
    a restrictive order results in an administrative fine.
        The Ministry of Internal Affairs developed a legally required form
    for police use when issuing restrictive orders; however, some NGOs
    reported that many police officials did not respond correctly to
    domestic violence calls and were poorly trained in the use of the
    national referral system for victims. During the year Tbilisi police
    patrol inspectors, regional police officers, and prosecutors received
    domestic violence-related training as did police officers in eight
    other cities.
        The law exempts the payment of state duty on court cases related to
    protection of and assistance to domestic violence victims; allows a
    court, either on its own initiative or by request of a party, to hold
    closed sessions in domestic violence cases; allows a court to consider
    separation of a child from a violent parent; and limits access to
    firearms by a domestic violence offender.
        Local NGOs and the Government jointly operated a hotline and
    shelters for abused women, although space in shelters was limited. In
    October the Government opened two new state-funded shelters and
    launched a new national, state-funded domestic violence hotline.
    Shelters also include crisis centers which also offer domestic violence
    victims psychological, medical, and legal assistance. The State Fund,
    an interagency government department that works with NGOs on gender-
    based issues, reported that during the year 112 consultations were
    conducted by telephone or in person. The State Fund reported that the
    shelters hosted 18 women and 16 minor children during the year.
        During the year the Interagency Council on gender-based issues,
    including government agencies and NGOs, initiated a public awareness
    campaign, including the publicizing of the new domestic violence
    hotline; coordinated domestic violence training in partnership with the
    Prosecution Service and Police; and opened two state-run domestic
    violence shelters.
        Kidnapping of women for marriage occurred but was not widespread.
    It occurred predominantly in ethnic minority areas and communities.
    Such kidnappings reportedly often were arranged elopements. Police
    rarely took action in these cases, although the law criminalizes
    kidnapping.
        Sexual harassment and violence against women in the workplace were
    problems. NGOs stated that discrimination against women in the
    workplace existed, but instances were not reported. The law prohibits
    sexual harassment; however, the Government did not effectively enforce
    the law, and authorities rarely investigated complaints. During the
    year investigations were initiated in 25 cases related to sexual
    harassment.
        Couples and individuals have the legal right to decide freely the
    number, spacing, and timing of their children. Information was
    accessible so families and individuals could make reproductive
    decisions free from discrimination, coercion, or violence. According to
    data from the UN Population Fund (UNFPA) for 2008, the latest
    available, 47 percent of women used some form of contraception.
        The maternal mortality ratio, according to UNFPA statistics, was 48
    deaths per 100,000 live births in 2008. According to data from the
    World Bank and the Population Reference Bureau, 98 percent of births
    were attended by skilled professionals. In 94 percent of cases, women
    had at least one prenatal visit. Indicators noted 16 percent of women
    reported an unmet need for family planning, but there was no further
    detail. Women and men were equally treated and diagnosed for
    transmitted infections, including HIV. However, patriarchal norms,
    based on cultural, historical, and socioeconomic factors, in some cases
    limited women's reproductive rights.
        The law provides for the equality of men and women; however, the
    law was not always implemented in practice. On March 27, parliament
    passed a Gender Equality Law that went into effect immediately.
    According to the UN Development Fund for Women, the legislation
    provides for the establishment of a national women's council,
    enhancement of women's security, equality in the labor market, and
    strengthening of women's political participation. The law also
    introduces gender-responsive planning and budgeting on the part of the
    Government. NGOs complained about the lack of implementation since the
    law's passage in March. During the year the Government released the
    law's definition guidelines.
        The speaker of parliament continued to chair a Gender Equity
    Advisory Council, which included members of parliament as well as
    representatives from the executive branch, the PDO, and NGOs. The State
    Commission on Gender Equity, chaired at the deputy state minister
    level, prepared recommendations on the implementation of international
    agreements and conventions on gender equity. The PDO monitored gender
    equality cases.
        The labor code does not protect pregnant women from being dismissed
    from work while they are on maternity leave. According to the UN
    Development Program, employers frequently withheld benefits for
    pregnancy and childbirth.
        Although some observers noted continuing improvement in women's
    access to the labor market, women remained primarily confined to low-
    paying and low-skilled positions, regardless of their professional and
    academic qualifications, and salaries for women lagged behind those for
    men. According to the World Economic Forum's Global Gender Gap Report
    for the year, women in the country earned 78 percent as much as men
    engaged in similar work. As a result, many women sought employment
    abroad.
        According to World Bank statistics, the ratio of female to male
    enrollment in primary, secondary, and tertiary schools was nearly
    equal. The share of women employed in the nonagricultural was almost 49
    percent.

        Children.--The law provides for acquisition of citizenship by birth
    on the country's territory. It applies to children of stateless
    individuals. According to statistics from the UN Children's Fund
    (UNICEF), 92 percent of births were registered.
        The 2002 census, the latest, put the Romani population in Georgia
    at approximately 472 (less than 1 percent of the population). Romani
    children were usually born at home, and their parents frequently did
    not register their births with the Government. Since official
    identification is required to receive medical treatment and other
    public services, the lack of identification and the reluctance of
    parents to apply for such services could deprive Romani children of
    access to medical and other services.
        Education was officially free through high school, but in practice,
    particularly in rural areas, many parents were obliged to contribute to
    the schools financially to keep them functioning. The quality of
    education fluctuated greatly between urban and rural areas and between
    Tbilisi and the regions. The quality of education in the occupied
    regions of Abkhazia and South Ossetia, outside of the Government's
    control, was reportedly poor. In rural areas, school facilities were
    often inadequate and lacked heating, libraries, and blackboards.
        Despite legal prohibitions, local residents and international
    organizations reported that schools in the ethnic Georgian region of
    Gali in Abkhazia were generally allowed to provide instruction in the
    Georgian language, except for certain subjects, such as history and
    geography, which had to be taught in Russian or Abkhaz. However, the de
    facto authorities did not provide funding for teachers of Georgian, and
    local communities had either to pay for teachers themselves, make
    arrangements for teachers to cross from undisputed Georgia to teach, or
    send their children from Abkhazia for Georgian-language lessons. An
    increasingly strict boundary regime imposed by Russian border guards
    made the latter two alternatives more and more difficult. There were
    reports of Russian border guards detaining children attempting to cross
    the boundary for language lessons.
        There were some reports of child abuse, particularly of street
    children, although there was no societal pattern of such abuse.
    Incidents of sexual exploitation of children, particularly girls, were
    reported. According to the Ministry of Justice, 11 cases of rape, five
    cases of sexual abuse involving violence, and one case of coercion into
    sexual acts involving minors were reported during the year.
        On May 31, the Child Referral Mechanism was initiated with the
    purpose of providing that children suffering from abuse are referred to
    the relevant community and state services by coordinating the work of
    multiple interested parties, including the police, schools, and social
    services agencies. According to the PDO, 33 cases of physical abuse of
    children, 14 cases of neglect, and 38 cases of emotional abuse were
    reported during the year.
        Commercial sexual exploitation of children and child pornography
    are punishable by up to three years' imprisonment. Street children and
    children living in orphanages were reportedly particularly vulnerable
    to exploitation. According to the Ministry of Internal Affairs, the
    number of cases was very small.
        There is an explicit statutory rape provision that makes rape a
    criminal offense if the victim is a juvenile. Other sexual crimes carry
    increased levels of punishment if the victim is a juvenile. Another
    article in the criminal code prohibits sexual intercourse with
    juveniles under the age of 16, provided the perpetrator is shown to be
    aware of the age of the victim. In such cases the penalty is a fine
    and/or incarceration for up to three years.
        The number of street children was not considered to be high and has
    been decreasing yearly. Difficult economic conditions contributed to
    the problem. A study covering the period 2007-08 by the NGO Save the
    Children indicated that approximately 1,500 children lived and worked
    in the streets. The Ministry of Labor, Health, and Social Affairs
    operated a shelter in Tbilisi and, according to the PDO, hosted 70
    children during the year; but the Government took little other action
    to assist street children. The PDO reported a lack of information about
    street children and inadequate resources were devoted to them. The NGO
    Child and Environment operated a night center and three day centers
    during the year and provided support to 350 street children per day
    countrywide. Nevertheless, the two shelters could accommodate only a
    small number of the street children.
        There were unconfirmed reports that police harassed street
    children, but the patrol police routinely transferred street children
    to 24-hour care centers. These centers lacked resources for treatment
    and rehabilitation of children, many of whom were substance abusers or
    suffered from mental disorders.
        The conflicts in Abkhazia and South Ossetia displaced thousands of
    children; the numbers increased further because of the 2008 conflict
    with Russia (see section 2.d.). Even before the conflict, UNICEF
    reported that health services in both regions were scant, immunization
    rates were lower than elsewhere in the country, schools were
    deteriorating, and malnutrition was a serious problem.
        Many orphanages were unable to provide adequate food, clothing,
    education, medical care, or facilities. They often lacked heat, water,
    and electricity. Staff members reportedly often diverted money and
    supplies to their personal use. The Government approved a policy of
    deinstitutionalizing children, and, according to government statistics,
    the number of institutionalized children decreased from 5,000 in 2000
    to 1,102 during the year. In February the Ministry of Labor, Health,
    and Social Affairs began rehabilitating the remaining 24 orphanages.
    During the year this process included completing assessments of staff
    and conducting staff training on proper childcare.
        The country is a party to the 1980 Hague Convention on the Civil
    Aspects of International Child Abduction. For information on
    international parental child abduction, please see the Department of
    State's annual report on compliance at http://travel.state.gov/
    abduction/resources/congressreport/congressreport--4308.html.

        Anti-Semitism.--The Jewish community did not report any acts of
    anti-Semitism during the year.

        Trafficking in Persons.--For information on trafficking in persons,
    please see the Department of State's annual Trafficking in Persons
    Report at www.state.gov/g/tip.

        Persons With Disabilities.--The constitution and law prohibits
    discrimination against persons with physical, sensory, intellectual,
    and mental disabilities in employment, education, access to health
    care, or the provision of other state services or other areas; however,
    the Government was not effective in enforcing these provisions.
    Enforcement was a low priority for the Government. Discrimination,
    including social discrimination, against persons with disabilities was
    a problem.
        During the year 138,614 persons with disabilities were registered
    compared with 139,354 in 2009. This number included 10,134 children,
    compared with 8,034 in 2009. These numbers included only those
    officially registered; the actual number could be higher.
        The law mandates access to buildings for persons with disabilities
    and stipulates fines for noncompliance. However, very few public
    facilities or buildings were accessible, although notably the newly
    constructed presidential residence and the Ministry of Internal Affairs
    building were. During the May 30 elections, ballots in Braille were
    available for voters with visual disabilities.
        The CPT noted in a September 21 report that at the institution for
    persons with mental and physical disabilities in Dzevri, there were no
    allegations of mistreatment of residents by staff, and that it had a
    generally positive impression of residents' living conditions.
        In the 2009 National Preventive Mechanism Report (released during
    the year), the PDO drew the same conclusions as the CPT. The PDO noted,
    however, that living conditions were poor, including poor ventilation;
    lack of heat; lack of access to hygiene products, and poor nutrition.
    Patients who were admitted voluntarily were not allowed to leave of
    their own free will.
        The Ministry of Labor, Health, and Social Affairs was the lead
    government agency responsible for policy regarding persons with
    disabilities. Other ministries were also involved, including the
    Ministry of Education and Science, which has an inclusive education
    program, and the Ministry of Sport and Youth Affairs, which runs the
    Special Olympics program. The PDO monitors the treatment of persons
    with disabilities through its Center for Disability Rights.
        The Government took some steps to address the needs of persons with
    disabilities. On December 3, the International Day of Persons with
    Disabilities, a forum was held in Tbilisi to raise public awareness on
    the problems and needs of persons with disabilities. In December 2009
    the Government approved a national action plan for activities for
    persons with disabilities, mandating clearly increased budgets and
    diversified activities across many ministries. The national action plan
    prioritizes disability classification, access to information,
    healthcare, access to buildings, education, habilitation and
    rehabilitation, employment, culture and sports, social protection,
    data, and legislative improvement. During the year work on the
    following elements of the action began, including revision of
    disability classification, creation of a new data system for persons
    with disabilities, and creation of an inclusive education program.
    State agencies provided protected work places for persons with
    disabilities, including the civil registry that employs dozens of
    persons with disabilities who work from home.
        There were nine major committees in the country that evaluated
    children and assisted with their inclusion, or integration, in schools;
    approximately 200 schools became inclusive during the year by providing
    access ramps and other facilities and specialized teachers with
    individual approaches to teaching and assessment. During the year
    standards for day care centers for children with disabilities were
    developed. All existing day care centers were evaluated based on these
    standards, and state vouchers were granted to individuals with
    disabilities, permitting them to be enrolled in quality daycare
    facilities.

        National/Racial/Ethnic Minorities.--The law requires that all
    government officials speak Georgian, the state language; some
    minorities claimed this excluded them from participating in government.
    Some government materials distributed to the public were only available
    in the Georgian language. Authorities asserted the Government was not
    obliged to provide all official materials in minority languages.
    However, ballots and election materials were available in minority
    languages during the May 30 municipal elections and the 2008
    presidential and parliamentary elections. According to the Ministry of
    Reintegration, it translated all major legislative acts into Armenian,
    Azeri, and Russian. The Ministry of Education reported that it provided
    textbooks translated into Armenian, Azeri, and Russian in schools in
    minority regions and Tbilisi.
        The Ministry of Education provided university textbooks in minority
    languages. Students were able to take university entrance exams in
    minority languages. Students were also able to take advantage of a new
    ``one-plus-four program,'' in which the Government offered and funded
    one year of intensive Georgian language instruction and four years of
    university education to students who passed the entrance examinations
    in minority languages. A quota system required that a minimum of 10
    percent of all national university seats be allocated to Armenian and
    Azeri-speaking students who passed the entrance exams. According to
    government statistics issued during the year, 124 Armenian and 175
    Azeri speakers were admitted to the public universities through the
    quota system. This only represented 1.3 percent of the seats available.
        Ethnic Georgians living in the Gali region of Abkhazia had no legal
    access to education in the Georgian language. In practice, however,
    instruction in Georgian did occur, but with limitations (see section
    5). Teachers who did not speak Abkhaz instructed students in Georgian;
    however, such teachers were often subjected to harassment and
    prosecution by Abkhaz de facto authorities.
        On February 4, the Ministry of Internal Affairs and the PDO signed
    a memorandum of cooperation under the Government's National Concept and
    Action Plan and Civil Integration. Under this memorandum on February
    11, the PDO gave a lecture at the police academy on ethnic and
    religious minorities.
        Many inhabitants of the municipalities of Akhalkalaki and
    Ninotsminda, whose populations are predominately ethnic Armenians,
    complained about government unwillingness to give provincial-language
    status to the Armenian language, since very few persons there spoke
    Georgian or were able to conduct daily affairs in Georgian. However,
    many NGOs in the region stated that they saw an improvement during the
    year in the number of opportunities for Georgian-language instruction
    and in the quality of the classes. Ethnic Azeris in the predominately
    Azeri-speaking region of Kvemo Kartli made similar complaints.
        An NGO in Armenia raised concerns that Vahagn Chakhalian and his
    relatives had been targeted for prosecution because of his political
    activity in the country's ethnic Armenian community. The NGO
    highlighted the timing of the arrest (two years after the alleged
    incident) and asserted that violations had occurred during the trial.
    There was also an allegation that Chakhalian was beaten in prison
    during the year (see section 1.c.). In 2008 Vahagn Chakhalian, Armen
    Chakhalian, and Ruben Chakhalian, at least one of whom was a member of
    United Javakh, a local NGO that called for autonomy for ethnic
    Armenians in the country, were arrested and charged with violating
    public order, resisting arrest, threatening law enforcement officers,
    and illegally possessing firearms during an alleged 2006 break-in. In
    April 2009 Vahagn Chakhalian was found guilty by the Akhalkalaki
    District Court on six of 12 charges brought by the public prosecutor.
    He was convicted of organizing a riot directed against the public
    order, hooliganism, and the illegal purchase and possession of firearms
    and sentenced to 10 years in prison. Ruben Chakhalian was convicted of
    two of four charges, organizing a riot directed against public order
    and the illegal purchase and possession of firearms. He was fined 5,000
    lari ($2,960). Armen Chakhalian was found guilty of the illegal
    purchase and possession of firearms and was fined 2,000 lari ($1,180).
    A fourth person, Aram Batoian, was charged with organizing group
    activities that violated public order and the illegal purchase and
    possession of firearms; there was no update at year's end.
        Ethnic Armenians, Azeris, Greeks, Abkhaz, Ossetians, and Russians
    usually communicate in their native languages or in Russian in the
    areas where they are the dominant ethnic groups. The law requires that
    ethnic minority students learn Georgian as a second language, and the
    Government funded more than 200 primary and secondary Russian-, Azeri-,
    and Armenian-language schools for persons whose first language was not
    Georgian. The Zurab Zhvania School of Public Administration in Kutaisi
    provided courses specifically for students from minority areas. It also
    facilitated integration of future public servants from minority areas
    into Georgian society. In Tbilisi a large majority of ethnic minority
    groups were able to communicate in Georgian in their daily interaction
    with members of other linguistic groups.
        The Government took several steps to integrate ethnic minority
    communities through Georgian-language instruction, education,
    involvement in political dialogue, and improved access to information.
    The Government continued to provide Georgian-language instruction to
    members of ethnic minorities serving in the armed forces and police, an
    effort which ECRI noted in its report on June 15.
        However, ECRI observed that the challenge persisted of integrating
    these persons while allowing them to be educated in their mother
    tongue. It also noted that the Government had developed projects to
    teach tolerance and respect for other ethnic and religious groups among
    students.
        The law permits the repatriation of the Muslim Meskhetian
    population, a national minority group that Stalin deported in 1944. The
    legislation was a response to a 1999 commitment the country made to the
    Council of Europe to provide for the resettlement of the Meskhetians by
    2011. Passage of the law allowed the Government in 2008 to begin
    accepting applications for repatriation from Meskhetians with documents
    that confirmed their deportation. Passage of the law came under heavy
    criticism from opposition members of parliament and the media, which
    pointed to the delicate ethnic and demographic balance in areas once
    inhabited by Meskhetians, but subsequently populated by a sizeable
    ethnic Armenian community. On June 15, ECRI reported that Meskhetian
    Turks still suffered from a certain level of hostility among some
    segments of the country's population, especially those living in the
    region once inhabited by the Meskhetians. More than 1,700 Meskhetians
    had filed for repatriation by 2009. More than 150 returned unofficially
    over the previous three years, quietly settling in Akhaltsikhe and
    Abastumani. As of year's end, however, there were no official
    repatriations.
        ECRI reported that Roma appeared to suffer from widespread societal
    prejudice and marginalization. While commending the CRA for registering
    some ethnic minorities, including Roma, to provide them with
    identification documents, ECRI noted that the Government needed to do
    more to integrate fully all Roma. During the year the European Center
    for Minority Issues estimated the Romani population at 1,500, with no
    more than 300 in any one location. The 2002 census, the latest,
    reported the number of Roma at 472. Roma were found principally in the
    Tbilisi, Kutaisi, Kobuleti, Kakheti, and Sukhumi regions. Large numbers
    of Roma migrated to Zugdidi and Tbilisi from Abkhazia, while additional
    Muslim Roma arrived from Armenia and Azerbaijan. Internal seasonal
    migration to the Black Sea coast was noted during the summer.

        Societal Abuses, Discrimination, and Acts of Violence Based on
    Sexual Orientation and Gender Identity.--There are no laws that
    criminalize sexual orientation, male-to-male sex, or female-to-female
    sex. However, social prejudices against lesbian, gay, bisexual, and
    transgender (LGBT) behavior were strong. The Georgian Orthodox Church
    strongly denounced such behavior. Cases during the year included death
    threats against an LGBT activist and the use of antihomosexual slogans
    by a candidate in the municipal elections.
        There were a few LGBT organizations. However, they could not work
    exclusively on LGBT issues or work openly as LGBT organizations because
    of the extensive societal stigma against homosexuality; instead they
    promoted tolerance more broadly.
        On April 8, threats were made against an LGBT activist by an
    anonymous administrator of a Georgian language Facebook Web page
    entitled ``Death to Homosexuals.'' The threats were of sufficient
    concern that the Ministry of Internal Affairs and the Prosecutor's
    Office opened an investigation. According to the Ministry of Justice,
    the investigation continued at year's end. Facebook closed the Web page
    of its own volition.
        On May 25, the GYLA filed suit to suspend the candidacy of an
    opposition candidate in the municipal elections for posting
    antihomosexual messages on his Facebook Web pages. The NGO claimed that
    the messages violated the election code which prohibits fostering
    hatred and enmity. The Tbilisi City Court ruled against GYLA.
        In August false rumors of a gay pride parade in Batumi sparked the
    condemnation of the Georgian Orthodox Church, including a statement
    from the patriarch on August 20, and led to protests in front of a
    hotel where organizers were reportedly staying on August 25 and 26.
        In December 2009 police searched the office of an NGO that promotes
    LGBT equality. Reportedly, they used antihomosexual slurs, made
    unnecessary strip searches, unnecessarily damaged organizational
    posters, and unnecessarily ransacked offices. The Ministry of Internal
    Affairs denied that any procedural violations took place and maintained
    that the profile of the organization was irrelevant in terms of the
    law. The ministry reported that its General Inspection Office gave one
    officer a reprimand at the ``severe'' level in accordance with the
    police code of ethics, as his actions were determined to be unethical
    and inappropriate for police officers. Two other officers were also
    given a reprimand at the ``severe'' level for not preventing the above-
    mentioned officer from making the unethical statements.
        The public defender stated his priorities included protection of
    LGBT groups and individuals.

        Other Societal Violence or Discrimination.--The law prohibits
    discrimination against persons with HIV/AIDS; however, there is no
    penalty for violating this prohibition. NGOs reported that social
    stigma resulted in individuals avoiding testing and treatment. Some
    health-care providers, particularly dentists, refused to provide
    services to HIV-positive persons. Individuals often concealed their
    HIV-positive status from employers for fear of losing their jobs.
    Section 7. Worker Rights

        a. The Right of Association.--The law allows all workers, including
    government employees, to form and join independent unions of their
    choice without previous authorization or excessive requirements, and
    they did so in practice. However, the law restricts the right of
    employees of law enforcement agencies, medical doctors, firemen,
    personnel of the Prosecutor General's Office, and the employees of
    certain ministries (for example, defense) to form and join unions and
    to strike. Between 12 and 13 percent of the employed population was
    unionized, a proportion that rose to more than 46 percent if persons
    categorized as self-employed are excluded.
        The principal association of unions is the Georgian Trade Union
    Confederation (GTUC), which represents unions in 22 sectors with more
    than 206,345 unionized workers. There were a few small unions for civil
    servants, agricultural workers, and artists, but they did not
    participate in the GTUC. Although many employees in large-scale
    enterprises were unionized, they did not exercise power commensurate
    with their large membership. Only a minority of the members were active
    in the labor movement.
        Government interference in union activity was reported in at least
    one area. Some union representatives reported instances of government
    harassment and intimidation. On June 8, according to the AFL-CIO,
    Minister of Education Dimitri Shashkini met with regional heads for
    schools and reportedly issued verbal orders that all school principals
    refrain from transferring the trade union membership dues of their
    teachers to their trade union, the Educators and Scientists Free Trade
    Union of Georgia (ESFTUG). Subsequently, ESFTUG local presidents began
    to collect trade union dues directly from union members. When the
    minister learned of this action, he reportedly stated that any school
    principal who allowed the collection of dues would be held legally
    responsible. According to a November 30 ministry statement, school
    administrations were required to have teachers' written consent, as
    well as a contract signed between schools and trade unions, to transfer
    membership fees to the union. The ESFTUG reported that it was not able
    to collect dues consistently even when they have these forms.
        The ESFTUG reported that Shashkini refused to meet and enter into
    dialogue with the ESFTUG's new president, who was elected on October
    30. The union also reported that so-called ``mandators,'' whom the
    ministry hired directly during the year ostensibly to maintain school
    security, far exceeded their stated mandate, and the ministry was using
    them to assure that union dues were not collected. The mandators, who
    were responsible only to the ministry, were reportedly filing official
    incident reports following their investigations of complaints, that
    ministry officials were then using as pretexts to dismiss teachers for
    cause.
        Labor unions asserted that certain provisions of the labor code
    limited the mechanisms available to workers for the exercise of their
    rights. At least 100 members are needed for a trade union to be
    registered, a requirement considered unreasonable by the International
    Labor Organization's Committee of Experts on the Application of
    Conventions and Recommendations.
        The AFL-CIO noted that the law permits a court to suspend the
    activity of a trade union if the union stimulates social conflict, a
    provision susceptible to being misapplied to suspend legitimate trade
    union activity.
        The law provides for the right to strike; however, according to
    trade unions, it did not establish a coherent process for undertaking
    strikes. Strikes were limited to 90 days in duration and were
    permissible only in cases of conflict of rights, not conflict of
    interests. Workers generally exercised their right to strike in
    accordance with the labor code, but strikes were rare. The GTUC
    asserted that the rarity of strikes was due to restrictive rules and
    workers' fear of losing their jobs.

        b. The Right to Organize and Bargain Collectively.--Collective
    bargaining is recognized by law, and the law provides punishment for
    those who refuse to take part in negotiations; however, the Government
    did not always protect this right in practice. There were 104
    collective agreements that covered approximately 50,000 members. The
    PDO stated that one of the major deficiencies of the labor code was the
    absence of a requirement that employers provide a reason to employees
    in the event of termination of their employment.
        The practice of collective bargaining was not widespread. Employers
    are not obliged to engage in collective bargaining even if a trade
    union or a group of employees wishes to do so.
        The law prohibits employers from discriminating against union
    members or union-organizing activities, and employers may be prosecuted
    for violations and forced to reinstate employees and pay back wages.
    However, the labor code allows employers to terminate employment at
    will and without providing a reason, giving them the right to fire
    employees on discriminatory grounds (that is, gender, political
    affiliation, or other reasons) or for union activism. The GTUC and its
    national unions continued to report some cases of management warning
    staff not to organize trade unions, and the GTUC cited several
    instances during the year in which employers allegedly threatened union
    members with dismissal for union activity.
        There were continuing reports in both the private and public
    sectors of employers threatening or intimidating workers engaged in
    union organizing activities. Affected workers included teachers,
    employees of various mining, pipeline, and port facilities, and the
    Tbilisi municipal government. However, the GTUC could not identify any
    dismissals clearly tied to union affiliation during the year. One
    reason for this inability was that the duration of workers' contracts
    in most industries was so short (at times as short as one month) that
    employers could cite the expiration of a contract as the reason for
    terminating a particular worker.
        In August the management of the state-owned Georgian State Railway
    unilaterally decreed that it would terminate the collective agreement
    between the railway and the trade union. The trade union immediately
    appealed the decree to the Tbilisi City Court. Railway management
    responded by offering to negotiate and nominating five members to a
    proposed joint commission. On August 10, the union agreed to negotiate
    and nominated five union representatives. In November the court ruled
    against the railroad workers union. The union continued to exist but
    had many problems with the collection of union dues.
        According to the GTUC, none of the nine workers dismissed in 2008
    by the management of BEM Textile in Ajara for reasons apparently
    related to their participation in the creation of a trade union was
    reinstated as of year's end.
        The GTUC reported instances in which employers failed to transfer
    compulsory union dues they deducted from wages to union bank accounts.
    In one such case, the company Georgian Post systematically blocked the
    transfer to the union of dues totaling 38,000 lari ($22,485) during the
    year. However, the GTUC reported that, by year's end the Georgian Post
    had covered all but the last two months of the year's arrears.
        In 2007 port authorities in Poti fired union members and sealed
    their union office because of union activity. After negotiations the
    port authorities reinstated most workers. A court ruled against the
    union in a lawsuit filed on behalf of 11 workers who were not
    reinstated. In May 2009 the GTUC appealed to the ECHR, which accepted
    the GTUC's application but had not reviewed the case by year's end.
        There are no export processing zones.

        c. Prohibition of Forced or Compulsory Labor.--The law prohibits
    forced or compulsory labor, and there were no reports that such
    practices occurred. However, there were reports that men and women were
    trafficked from and through, but not to, the country for labor. Also
    see the Department of State's annual Trafficking in Persons Report at
    www.state.gov/g/tip.
        NGOs and trade unions objected to a provision in the labor code
    that permits compulsory labor in instances of emergency and natural
    disaster but does not require remuneration to persons who are
    conscripted.

        d. Prohibition of Child Labor and Minimum Age for Employment.--
    There are laws and policies to protect children from exploitation in
    the workplace, although the PDO noted that one of the major
    deficiencies of the labor code was insufficient attention to the rights
    of minors. However, with high unemployment resulting in a large pool of
    adult workers willing to work for low wages, child labor was uncommon.
    Although official data were not available, a 2007 survey estimated that
    77.4 percent of working children were employed intermittently on family
    farms, while 18.4 percent worked in family enterprises. The
    International Trade Union Confederation reported that children living
    in rural areas were slightly more involved in child labor. Children in
    urban areas were susceptible to trafficking, work in the streets,
    begging, or selling small items.
        Also see the Department of State's annual Trafficking in Persons
    Report at www.state.gov/g/tip.
        The most visible form of child labor was street begging in Tbilisi.
    A 2007-08 study by the NGO Save the Children indicated that the number
    of street children decreased to approximately 1,500 from 2,500 in 1999.
    Some experts reported that the number decreased further since that
    date. Many minors under the age of 16 worked and performed chores on
    small family-owned farms in rural areas. In most case this work was not
    abusive and not categorized as child labor. However, in some ethnic
    minority areas, family farm obligations were reported to disrupt the
    ability to attend school. Some observations have suggested that school
    participation of ethnic minority children was especially low. Many
    families in rural Kvemo Kartli (an ethnic Azeri region) and Kakheti
    (where there is also a significant ethnic Azeri population) worked on
    distant pastures for six to nine months a year, meaning that their
    children seldom attended school. Statistics on such situations were not
    available through the education or social protection systems.
        In most situations, the minimum legal age for employment is 16
    years old. In exceptional cases, children may work with parental
    consent at the ages of 14 and 15. Children under the age of 18 may not
    engage in unhealthy or underground work, and children between the ages
    of 16 to 18 are subject to reduced working hours and prohibited from
    working at night. The labor code permits employment agreements with
    persons under the age of 14 in sports, arts, cultural activities, and
    for performing advertising services.
        The Ministry of Labor, Health, and Social Affairs is responsible
    for enforcing laws regulating child labor. The ministry's Department of
    Social Protection is responsible for determining compliance with labor
    laws and regulations. It receives complaints and identifies labor
    violations. There is a subdepartment for Child Protection and Social
    Programs, whose 12 specialists are responsible for policy issues,
    including the protection of children from illegal child labor. The
    subdepartment forwards any information it uncovers to law enforcement
    agencies for investigation and possible prosecution. The subdepartment
    reported that during the year it received no complaints about child
    employment. The policies that are developed by the subdepartment are
    implemented by social workers in the Social Service Agency under the
    same ministry. In the event of a violation of child labor laws, the
    courts have the authority to sanction the employer.

        e. Acceptable Conditions of Work.--Neither the minimum wage for
    public employees, 115 lari ($68) per month, nor the statutory minimum
    wage for private sector workers, approximately 20 lari ($12) per month,
    provided a decent standard of living for a worker and family. The
    minimum wage was below the average monthly wage in both the private and
    the Government sectors. The official minimum subsistence levels were
    149.5 lari ($88) for a single person and 265 lari ($151) for a family
    of four. Income from unreported trade activities, assistance from
    family and friends, and the sale of homegrown agricultural products
    often supplemented salaries. The Ministry of Labor, Health, and Social
    Affairs is responsible for enforcing the minimum wage. Minimum wage
    levels had not changed since 2005 (public sector) and the 1990s
    (private sector); the minimum wage was not enforced and was little
    known among the public.
        The labor code provides for a 41-hour workweek and for a weekly 24-
    hour rest period unless otherwise provided by a labor contract. The PDO
    described inadequate attention to the rights of pregnant women as one
    of the major deficiencies of the labor code; it does not protect them
    from being dismissed from work while they are on maternity leave.
    According to the code, shifts must be at least 12 hours apart. Pregnant
    women, or women who have recently given birth, are prohibited from
    working overtime without their consent. Overtime is defined as work
    that exceeds the work hours addressed in the employment agreement. If
    the employment agreement does not specify business hours, then overtime
    is considered to be performance exceeding 41 work hours per week. Terms
    of overtime labor are defined by agreement between the parties. The
    employer, as a rule, is not obligated to remunerate for overtime work
    or to remunerate at an increased rate. The labor code also permits an
    employer to change the hours of work by 90 minutes without
    renegotiating the terms of any labor contact. NGOs contended that this
    provision would effectively require employees to work overtime without
    compensation, a violation of the constitutional prohibition against
    compulsory labor.
        Two explosions in mines in Tkibuli raised concerns about possible
    failures in adherence to safety standards. On March 3, four miners were
    killed and one injured; and on August 27, four miners were killed and
    six injured.
        The Government set occupational health and safety standards, but
    the PDO listed the failure to ensure safe conditions for workers as one
    of the major deficiencies of labor code implementation. The Ministry of
    Labor, Health, and Social Affairs monitors adherence to accepted labor
    standards and drafts proposals for changes as necessary. The
    parliamentary Committee on Health and Social Welfare has general
    oversight regarding labor policy and considers labor-related proposals
    submitted by the ministry.
        The Government body previously in charge of workplace monitoring,
    the State Department for Engineering Supervision, was abolished by the
    prime minister in 2009 due to alleged corruption, leaving no government
    organization in charge of this task. The Technical and Oversight
    Inspection Agency had inspection responsibility, but only for
    occupations codified as hazardous. The law permits higher wages for
    hazardous work and provides workers the right to remove themselves from
    situations that endanger health or safety without jeopardizing their
    continued employment. In practice employees rarely, if ever, took
    advantage of these protections due to fear of dismissal.

                                   __________

                                    GERMANY

        Germany is a constitutional, parliamentary, democracy with a
    population of approximately 82 million. Citizens choose their
    representatives periodically in free and fair multiparty elections. The
    head of the federal government, the chancellor, is elected by the
    Federal Parliament (Bundestag). The second legislative chamber, the
    Federal Council (Bundesrat), represents the 16 states at the federal
    level and is composed of members of the state governments. The
    constitution (Basic Law) sets forth the powers of the chancellor and
    the legislative branch. The most recent national elections for the
    parliament took place in 2009. Security forces reported to civilian
    authorities.
        The law provides fundamental rights for citizens; however, the
    Government limited the freedoms of speech, press, assembly, and
    association of neo-Nazi and other groups it deemed extremist. There was
    governmental and societal discrimination against some minority
    religious groups. There were instances of anti-Semitic attacks and
    vandalism; violence against women; trafficking in women, men, and
    children for sexual exploitation and forced labor; and right-wing
    extremist violence against and harassment of racial minorities,
    foreigners, and sexual minorities.
                            respect for human rights
    Section 1. Respect for the Integrity of the Person, Including Freedom
            From:

        a. Arbitrary or Unlawful Deprivation of Life.--There were no
    reports that the Government or its agents committed arbitrary or
    unlawful killings.
        In October the Nuremburg Higher Regional Court upheld on appeal
    lower-court findings that police officers acted in self defense in the
    2009 shooting death of Tennessee Eisenberg. On November 22, Eisenberg's
    family filed a complaint with the Federal Constitutional Court in
    Karlsruhe, which was pending at year's end. The shooting took place in
    Regensburg, Bavaria, where two police officers killed the 24-year-old
    man after he allegedly refused police demands to drop a knife.
    Eisenberg's corpse had 12 bullet wounds. Both the public prosecuting
    office and the Nuremburg higher district court had reached findings of
    self defense.
        The trial of former concentration camp guard John Demjanjuk
    continued during the year in the Munich Regional Court. Prosecutors
    accused Demjanjuk of being a guard at the Sobibor extermination camp in
    1943 in German-occupied Poland and charged him as an accessory to the
    killing of 29,000 persons. Medical officials deemed Demjanjuk fit for
    trial. Demjanjuk was deported from the United States in May 2009.

        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.
        As of year's end, the Muenster Regional Court had not initiated its
    review of the cases of three Bundeswehr staff sergeants charged with
    hazing subordinates at a training site in Coesfeld in 2004. The
    sergeants were acquitted by the regional court in 2008, but in October
    2009 the Federal Court of Justice reversed the decision and returned
    the case to the regional court for review.

        Prison and Detention Center Conditions.--Prison and detention
    center conditions generally met international standards, and the
    Government permitted monitoring visits by independent human rights
    observers.
        On January 7, the Federal Court of Justice returned to the
    Magdeburg regional court for retrial the regional court's 2008
    acquittal of one of two police officers charged with causing the death
    of Oury Jalloh from Sierra Leone, who died in 2005 when his cell in a
    Dessau police station caught fire. The new trial, originally scheduled
    for October 25, was postponed due to the illness of the defendant. The
    2008 acquittal of a second police officer in the case was not appealed.
        According to the Federal Statistics Office, the country's prison
    population at the end of November was 69,385, including 3,755 women and
    10,781 pretrial detainees. Of the latter, 374 were juveniles (under 18
    years of age). The prison system had a capacity of 77,944 inmates.
        Prisoners and detainees had reasonable access to visitors and could
    engage in religious observance. Authorities permitted convicts and
    detainees to submit complaints to judicial authorities without
    censorship. Authorities investigated credible allegations of inhumane
    conditions. The Government investigated and monitored prison and
    detention center conditions.
        The National Agency for the Prevention of Torture is the country's
    independent institution for preventing torture and other cruel,
    inhuman, or degrading treatment or punishment. Only institutions under
    federal jurisdiction, i.e., the Federal Police (Bundespolizei) and
    Federal German Defense Forces (Bundeswehr) fall under the mandate of
    this agency. It reports annually to the parliament and government. In
    the 12 months ending in April, the agency conducted four official
    inspections at Federal Police installations and two at Bundeswehr
    installations. These found no evidence of inhuman treatment of detained
    persons. In some cases, the agency proposed improvements, including the
    installation of fire detectors, improved daylight access, and the
    provision of equipment for a medical treatment room.
        Most institutions for the incarceration of detainees, including
    police stations, detention centers, and prisons, are the responsibility
    of the states (Laender). In November the federal authorities informed
    the UN high commissioner for the prevention of torture that a Joint
    Laender Commission had been established to inspect such facilities,
    including those operated by police, the judiciary, detention facilities
    in psychiatric clinics, persons held pending deportation, nursing
    homes, and youth-welfare establishments. The joint commission began its
    operations on September 24; it conducted two visits to inspect
    facilities during the year. It was too early to evaluate the
    effectiveness of the commission. Together, the National Agency for the
    Prevention of Torture and the Joint Laender Commission for the
    Prevention of Torture make up the national preventive mechanism
    required by under the Optional Protocol to the UN Convention against
    Torture.
        A delegation of the Council of Europe's Committee for the
    Prevention of Torture and Inhuman or Degrading Treatment or Punishment
    (CPT) visited the country from November 25 to December 7. It reviewed
    measures taken by authorities to address earlier CPT recommendations,
    in particular those concerning instituting fundamental safeguards
    against mistreatment of persons in police custody and improving
    conditions in the units in various prisons holding persons involved in
    immigration matters. The delegation also examined in detail the
    situation of persons subject to preventive detention
    (Sicherungsverwahrung) and juvenile offenders held in penitentiary
    establishments. For the first time, the delegation visited a women's
    prison. In one of the states visited, Berlin, the delegation collected
    information on the surgical castration of sexual offenders. No report
    by the delegation was available by year's end.
        There is no ombudsman for prisons or prisoner affairs.

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

        Role of the Police and Security Apparatus.--Civilian authorities
    maintained effective control over the police and the Federal Criminal
    Investigative Service, and the Government has effective mechanisms to
    investigate and punish abuse and corruption. There were no reports of
    impunity involving the security forces during the year.
        On July 8, Amnesty International (AI) released a report covering
    2004-08 that found investigations of police officers who killed,
    injured, or mistreated persons in custody to have been at times half-
    hearted, partisan, and lacking in thoroughness. While AI found no
    evidence of sytematic, unlawful police violence, the organization
    called for the creation of an independent special commission for
    investigations of police officers. Hamburg already had such an
    institution.

        Arrest Procedures and Treatment While in Detention.--Authorities
    may arrest an individual only on the basis of a warrant issued by a
    competent judicial authority unless police apprehend a suspect in the
    act of committing a crime or have strong reason to believe that the
    individual intends to commit a crime. The constitution provides that
    authorities must bring a person detained on suspicion of having
    committed a criminal offense before a judge no later than the day after
    his arrest. At that time, the judge must inform him of the reasons for
    the arrest and give him an opportunity to raise objections. The law
    entitles a detainee to prompt access to an attorney, either one of his
    choosing or, if he does not select one, one appointed by the court. If
    there is evidence that a suspect might flee the country, police may
    detain that person for up to 24 hours pending a formal charge. To
    continue holding a detainee, police must bring the detainee before a
    judge, and the court must charge the individual at the latest by the
    end of the day following the arrest. The court must then issue an
    arrest warrant stating the grounds for detention; otherwise, the court
    must order the individual's release. Authorities generally respected
    these rights in practice.
        Bail exists but is infrequently granted. Authorities usually
    released persons awaiting trial unless a court decided that there was a
    clear risk that they might flee. In such cases, authorities could hold
    detainees for the duration of the investigation and subsequent trial,
    subject to judicial review. Time spent in investigative custody applies
    towards any eventual sentence. If a court acquits a defendant who was
    incarcerated, the Government must compensate the defendant for
    financial losses as well as for ``moral prejudice'' due to the
    incarceration.
        The law does not allow courts to punish persons twice for the same
    crime; however, in cases involving rape, homicide, or manslaughter, a
    court may order an offender to spend additional time in ``subsequent
    preventive detention'' after he completes his sentence if it determines
    that the offender represents a continuing danger. Until 1998
    ``subsequent preventive detention'' was limited to 10 years, but in
    that year, a new law removed the limit, permitting the imposition of
    subsequent preventive detention for an indefinite period. Legislation
    that took effect on January 1 limited this form of detention to serious
    crimes. The 1998 law has also been applied retroactively to some
    prisoners who were originally sentenced while the 10-year limit was
    still in place. In ruling on such a case, the European Court of Human
    Rights (ECHR) on May 11, reaffirmed on appeal its December 2009
    judgement that the Government must compensate a man whom it had held in
    ``subsequent preventive detention'' since 1991, when he completed a
    five-year sentence for attempted murder and robbery. The ECHR held that
    the country's use of this form of detention violated the European
    Convention on Human Rights.
        On June 1, the ECHR ruled that the trial of Magnus Gaefgen on
    charges of kidnapping, and later killing, an 11-year-old boy in
    Frankfurt had been fair, and he had no justifiable claim of a human
    rights violation against the Justice Ministry or police. Gaefgen was
    found guilty but contended that he confessed only after the vice
    president of Hesse's police threatened to torture him. Gaefgen's case
    and the alleged torture threat were widely publicized, since the child
    he killed was the son of a well-known Frankfurt banker. The accused
    police officer eventually resigned over the incident. Gaefgen was
    serving a life sentence for the crime.

        e. Denial of Fair Public Trial.--The constitution provides for an
    independent judiciary, and the Government generally respected this
    provision in practice.

        Trial Procedures.--The constitution provides for the right to a
    fair, public trial, and an independent judiciary generally enforced
    this right. Juries are not used. Either one judge, a panel of
    professional judges, or a mixed panel of professional and lay judges
    try cases, depending on the severity of the charges. Defendants enjoy a
    presumption of innocence and have a right of appeal. The law requires
    defendants to be present at their trials. Defendants have the right to
    consult with an attorney. According to the law, before any
    interrogation begins, authorities must inform a suspect, arrested or
    not, of his or her right to consult an attorney before the interview.
    The Government provides an attorney at public expense if defendants
    demonstrate financial need. Defendants may confront and question
    witnesses against them and present witnesses and evidence on their
    behalf. Defendants and their attorneys have access to all court-held
    evidence relevant to their cases.
        For simple or less serious cases, procedures exist for an
    accelerated hearing and summary punishment at the local-court level.
    These procedures are limited to cases for which the maximum sentence is
    one year or less. Courts generally suspended one-year sentences and
    placed the convicted individuals on probation. Heavy caseloads at times
    delayed court proceedings.

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

        Regional Human Rights Courts Decisions.--During the year three new
    suits were brought against the country in the ECHR. Also during the
    year, the ECHR issued decisions in earlier suits that found 19
    violations related to the length of court proceedings. In 2009 the ECHR
    issued judgments on 10 cases that included five violations regarding
    the length of court proceedings, one violation of the right to a fair
    trial, and one violation of the right to an effective remedy.
        On September 2, the court set a precedent by ruling in Rumpf v.
    Germany that the Government must introduce, at the latest within one
    year, an effective domestic remedy against excessively long court
    proceedings.
        There were no reports of failure of authorities to comply with ECHR
    court decisions.

        Civil Judicial Procedures and Remedies.--An independent and
    impartial judiciary in civil matters provides access to a court to
    bring lawsuits seeking damages for, or cessation of, a human rights
    violation. Administrative remedies for alleged wrongs are available as
    well.

        f. Arbitrary Interference With Privacy, Family, Home, or
    Correspondence.--The constitution prohibits such actions, and, in most
    respects, authorities respected these prohibitions in practice.
    However, members of organizations monitored by the Federal Office for
    the Protection of the Constitution (FOPC) and the various state offices
    for the protection of the constitution (OPCs) in the states charged
    that these agencies violated their privacy.
        The state OPCs in Hesse, Baden-Wuerttemberg, Lower Saxony, North
    Rhine-Westphalia, and Bavaria continued to keep the Left Party under
    observation. The State OPC in North Rhine-Westphalia publicly confirmed
    in November that it continued this practice, arguing that the party
    tolerated groups within its ranks that are extremist, and it did not
    sufficiently distance itself from left-wing extremist violence. In
    November 2009 the interior minister of Lower Saxony stated that the
    state OPC only monitored the Left Party and not individual Left Party
    members.
        In September 2009 the federal government confirmed that the FOPC
    collected information on all 53 members of the federal parliament from
    the Left Party. The Government asserted that the North Rhine-Westphalia
    Higher Administrative Court's February 2009 decision authorized
    surveillance of the party.
        On August 22, the president of the FOPC stated that continued
    observation of the Left Party was necessary because the party
    maintained contacts with communist organizations abroad and left-wing
    extremist groups in the country.
        In investigations of certain serious crimes, law enforcement
    officials may monitor the telecommunications of suspects, but only with
    court approval. In intelligence-related cases, such as suspected
    involvement in terrorism, the law permits intelligence services to
    engage in surveillance activities, for example, monitoring
    telecommunications, without court approval; however, an independent
    commission elected by a parliamentary control body has to approve such
    activities.
        On March 2, the Federal Constitional Court ruled that the law
    requiring the mass storage of telephone and Internet communications
    data (Vorratsdatenspeicherung) was unconstitutional because it violated
    telecommunications secrecy. The court called for all the information
    saved under the law to be deleted ``without delay.'' Although the court
    ruled that data storage is not in itself unconstitutional, the law was
    disproportionate and did not provide sufficient data protection
    measures. The companies that held the data in question subsequently
    announced that they had complied with the decision.
    Section 2. Respect for Civil Liberties, Including:

        a. Freedom of Speech and Press.--The constitution provides for
    freedom of speech and of the press; while the Government generally
    respected these rights in practice, it imposed limits aimed at groups
    it deemed extremist. In November 2009 the Federal Constitutional Court
    limited free speech that specifically endorses neo-Nazi doctrines,
    claiming this was ``an exceptional circumstance.''
        Individuals could criticize the Government publicly or privately
    without reprisal, and an active independent media expressed a wide
    variety of views without government restriction. However, making or
    disseminating oral statements or propaganda inciting racial hatred,
    endorsing Nazism, or denying the Holocaust is prohibited. In August
    2009 the Federal Court of Justice ruled that persons can be prosecuted
    for displaying Nazi slogans only if the slogans are in the German
    language. The court argued that translations of Nazi slogans were not
    Nazi symbols, since Nazi slogans are inseparably connected with the use
    of the German language.
        During the year courts convicted persons for speech that denied the
    Holocaust or was deemed offensive to Jews (see section 6, Anti-
    Semitism).
        On May 6, the municipal court of Amtsgericht, Saarbruecken, found
    Udo Pastoers, a member of the National Democratic Party of Germany
    (NPD), guilty of sedition. The court gave Pastoers a suspended, 10-
    month sentence and fined him 6,000 euros ($7,980). According to the
    court, Pastoers ``went beyond the right of freedom of expression'' when
    he insulted persons of Turkish and Jewish descent in a February 2009
    speech. On October 19, Pastoers appealed to the regional court.
        The independent media were active and expressed a wide variety of
    views with few restrictions.
        On July 7, the Gera Administrative Court in Thuringia ruled that
    the mayor of Gera did not have the right to call for a demonstration
    against an NPD-organized neo-Nazi rock concert scheduled for July 10.
    The court ruled that the call for the demonstration violated the
    mayor's duty to be neutral. State parliament representatives from the
    Left Party criticized the decision, saying that there should not be any
    neutrality regarding Nazi ideology.

        Internet Freedom.--There were no government restrictions on access
    to the Internet; however, government agencies may monitor e-mail or
    Internet chat rooms in certain circumstances. Individuals and groups
    could engage in the peaceful expression of views via the Internet,
    including by e-mail. According to International Telecommunication Union
    statistics approximately 79 percent of the country's inhabitants used
    the Internet.
        Federal and state laws permitted the FOPC and state OPCs to monitor
    the private e-mails and chat room postings of individuals and groups
    under FOPC and OPC surveillance; an independent commission elected by a
    parliamentary control body was responsible for oversight of such
    activities. The law prohibits access to material such as child
    pornography and Nazi propaganda.

        Academic Freedom and Cultural Events.--There were few government
    restrictions on academic or cultural events; however, the law bans Nazi
    propaganda, material denying the Holocaust, and pornography.

        b. Freedom of Peaceful Assembly and Association.--Freedom of
    Assembly.--The law provides for freedom of assembly, and the Government
    usually respected this right in practice. However, the Government
    prevented certain prohibited organizations, mainly right-wing extremist
    groups, from holding public assemblies.
        Permits must be obtained for open-air public rallies and marches,
    and state and local officials have authority to deny permits when
    public safety concerns arise or when the applicant is a prohibited
    organization. Denials were rare but did occur.
        Once a demonstration is officially registered, it is illegal to
    block it, even when it is organized by neo-Nazi groups. During the year
    the Saxony prosecuter successfully sought to have parliamentary
    immunity lifted from one of two Left Party leaders who participated in
    the February 13 blockade by anti-Nazi demonstrators of a neo-Nazi
    demonstration in Dresden. The outcome of the ensuing prosecution was
    pending at year's end.
        Police may detain known or suspected criminals, usually right- or
    left-wing extremists, for brief periods when they believe such
    individuals intend to participate in illegal or unauthorized
    demonstrations. The length of time varies from state to state and can
    range from one to 14 days.
        In April Bavaria amended its assembly law to meet the requirements
    of the Federal Constitutional Court, primarily with regard to the
    duties of organizers, police performance, and penalties. On June 1, the
    Bavarian state parliament amended the law on the right of assembly with
    the primary intention of controlling right-wing extremist
    demonstrations. The amendment was in response to a February 2009 ruling
    by the Federal Constitutional Court that the state's law was
    unconstitutional because it could be used inappropriately to restrict
    any type of public demonstration.
        In August the Schaumburg county administration in Lower Saxony
    prohibited both a neo-Nazi demonstration and a counter-demonstration by
    trade unions and left-wing groups scheduled for August 14, in Bad
    Nenndorf. The administration asserted that the demonstrations might
    result in violence, and it could not provide the required number of
    police to secure the marches. In reaction organizers of both
    demonstrations filed a suit. Initially, on August 12, the Hannover
    Administrative Court decided to permit the Nazi march but barred the
    counter demonstration, since the police could only handle one
    demonstration and the right-wing group had registered earliest.
    However, on August 13, after an appeal by the German Trade Unions
    Federation, the Lueneburg Higher Administrative Court permitted the
    left-wing demonstration as well.

        Freedom of Association.--The constitution provides for freedom of
    association, and the Government generally respected this right in
    practice. However, the law permits the prohibition of organizations
    whose activities have been judged illegal or opposed to the
    constitutional democratic order (see section 2.a.). While only the
    Federal Constitutional Court may prohibit political parties on these
    grounds, federal or state governments may prohibit or restrict other
    organizations, including groups that authorities classify as extremist
    or criminal in nature. Organizations have the right to appeal
    prohibition or restrictions.
        The FOPC and state OPCs responsible for examining possible threats
    to the constitutional democratic system monitored several hundred
    organizations. Monitoring generally consisted of collecting information
    from written materials and firsthand accounts; however, the FOPC and
    OPCs could also employ more intrusive methods, including the use of
    undercover agents, who were subject to legal checks. The FOPC and OPCs
    published lists of monitored organizations, including left-wing
    political parties. Although the law stipulates that OPC surveillance
    must not interfere with an organization's activities, representatives
    of monitored groups complained that the publication of the
    organizations' names contributed to prejudice against them. On June 10,
    the Berlin-Brandenburg Higher Administrative Court confirmed a 2009
    decision by the Berlin senator of the interior to ban the right-wing
    extremist group Frontbann 24, which had been active in Berlin since
    2008. The senator stated that the group was positioned against the
    constitutional order and had shown affinity to National Socialism. The
    police simultaneously raided apartments of the groups' members in
    Berlin.
        On September 1, the Leipzig Federal Court of Justice (as a court of
    last instance), rejected a revision and confirmed a ban on the Kiel-
    based right-wing extremist group German Youth Faithful to the Homeland
    (HDJ), on the grounds that the organization was similar to the Nazi-era
    Hitler Youth and was directed against democracy and the country's
    constitution. The ban was imposed on HDJ in March 2009 by then federal
    interior minister Wolfgang Schaeuble for distributing racist and Nazi
    propaganda. Searches were carried out in Berlin, Brandenburg, Lower
    Saxony, and Saxony in an effort to confiscate the HDJ's assets.
        On December 21, police raided the homes of suspected neo-Nazis in
    five cities (Hohen Neuendorf in Brandenburg, Ludwigshafen and Bad
    Dirkheim in Rhineland-Palatinate, and Heidelberg in Baden-Wuerttemberg)
    in an effort to prevent the holding of a ``national year-end camp'' for
    children. The homes in question belonged to members of the IG Fahrt and
    Lager, the successor organization to the HDJ, an organization banned in
    2009 because the group ran camps modeled on those of the Hitler Youth,
    teaching children as young as six years old that foreigners and Jews
    were a threat to the nation. According to police, after the HDJ was
    banned, former members continued their work in the guise of the Young
    National Democrats, the NPD youth organization. The police seized
    right-wing extremist propaganda that members of the group allegedly
    planned to distribute to minors at the upcoming youth camp.
        On September 7, Rhineland Palatinate police forces searched offices
    and apartments of the neo-Nazi group Hilfsorganisation fuer nationale
    politische Gefangene (HNG). With approximately 600 members, the HNG is
    the country's largest neo-Nazi group. Police officers raided four
    apartments in Mainz, including the garden shop of Ursula Mueller, the
    chairperson and, along with her husband Curt Mueller, central figures
    of the HNG.

        c. Freedom of Religion.--For a description of religious freedom,
    please see the 2010 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 exile, and the Government did not
    employ it.

        Protection of Refugees.--The country's laws provide for the
    granting of asylum or refugee status, and the Government has
    established a system for providing protection to refugees. The
    constitution extends to foreigners persecuted on political grounds the
    right to apply for asylum in the country. The Asylum Procedure Act
    regulates the asylum procedure. The Residence Act also allows the
    granting of refugee status when the persecutors are not representatives
    of the state.
        As a rule an applicant for asylum has the right to appeal a denial
    within two weeks. Once an appeal is filed, authorities may not deport
    the applicant until and unless the court has completed its
    deliberations and upheld the denial. In that case the applicant is
    obliged to leave the country. An applicant who does not comply is
    subject to deportation.
        The Government processes the asylum applications of individuals it
    finds to have adjudicable asylum claims at an international airport
    prior to their entry into the country (individuals seeking to enter the
    country by land do so from countries already judged to be safe
    countries that bear responsibility for adjudicating their asylum
    claims). The same applies to applicants without passports or with
    invalid passports. The Federal Office for Migration and Refugees must
    either make a decision on an asylum application within 48 hours or
    allow the person to enter the country. An applicant who is rejected has
    three days to appeal to an administrative court, which must rule within
    14 days or permit the individual to enter the country. Local
    nongovernmental organizations (NGOs) continued to criticize these
    periods of time as insufficient to allow applicants to prepare for
    hearings.
        Persons whose asylum claims are rejected may not enter the country
    but must remain in the airport reception center until their departure.
    A judicial order is required to continue to hold individuals beyond 30
    days of their arrival if authorities are unable to return them to their
    home countries within that period of time. The federal government
    claimed not to maintain statistics about detention in airport
    facilities.
        In May 2009 the human rights NGO Pro Asyl sharply criticized the
    Government's ``fast'' procedure, whereby a person can apply for asylum
    at the airport and the Federal Office for Migration makes a decision
    within two days. Based on its examination of 32 cases from 2006 and
    2007, the organization asserted that the minimum requirements for a
    fair procedure were not met, since the decision was made so rapidly.
    According to Pro Asyl's analysis, several decisions were incorrect and
    resulted in unjustified deportations. Pro Asyl also asserted that
    during the two days they were awaiting an asylum determination, asylum
    seekers were detained in the transit portion of the airport under
    ``inhumane'' conditions.
        In the period 2004-09, 4,234 persons sought asylum upon their
    arrival at Frankfurt's international airport. The transit area of the
    Frankfurt airport, under the authority of the Federal Administration
    for Migration, has also been subject to criticism by human rights
    organizations, including AI in 2009 and during the year. According to
    Pro Asyl, authorities detained women with children, pregnant women, and
    children without parents in circumstances very similar to prison.
    According to the Hesse Ministry for Justice, some minors without
    parents remained more than 100 days in prison-like circumstances.
        According to the constitution, individuals who attempted to enter
    the country through a ``safe country of transit,'' i.e., a member state
    of the EU or a country adhering to the 1951 Convention relating to the
    Status of Refugees, were ineligible for asylum and could be turned back
    at the border or, if they had entered the country, be deported to that
    safe country of transit. Several NGOs questioned this regulation.
    During the year several courts in the country stopped planned
    deportations to Greece.
        On July 20, the Frankfurt administrative court ruled that the
    federal government had to allow an Iranian citizen to file his asylum
    application in the country, although he entered the country via another
    EU country. On September 8, the Federal Constitutional Court suspended,
    for similar reasons, the deportation of an Iraqi asylum seeker to
    another EU country, where he had originally filed a first asylum
    application.
        In practice the Government generally provided protection against
    the expulsion or return of refugees to countries where their lives or
    freedom would be threatened on account of their race, religion,
    nationality, membership in a particular social group, or political
    opinion. In December 2009 the Federal Ministry of Interior instructed
    the federal states to suspend the deportation of Syrians, who faced
    immediate deportation due to uncertainty about their treatment upon
    return to Syria.
        The Government processed refugee and asylum cases according to
    existing law; the approval rate was low. During the year authorities
    processed 48,187 asylum applications and granted 7,704 persons (16.0
    percent) refugee protection under the 1951 convention and its 1967
    protocol. In addition they granted 2,691 persons (5.6 percent)
    temporary suspension of expulsion due to the situation in their
    countries of origin or based on other humanitarian grounds. The country
    rejected 27,255 applications (56.5 percent) and ``resolved otherwise''
    (for example, applications withdrawn or procedures closed) another
    10,537 (21.9 percent). All cases in which asylum was granted must be
    reviewed after three years to determine whether the grounds for asylum
    still apply.
        In December 2009 the interior ministers of the country's 16 federal
    states extended the residence permits of ``long-term'' asylum seekers
    for an additional two years for those who otherwise would have had to
    leave during the year. This ruling affected approximately 30,000
    rejected asylum seekers whom authorities could not return to their
    countries of origin. In order for these persons to remain in the
    country as residents, they are required to prove that they have ``made
    a concerted effort'' to find employment and can be expected to support
    themselves in the future. Some human rights organizations criticized
    the ministers' failure to grant the asylum seekers' residency outright.
        During the year there were more than 14,000 officially registered
    refugees from Kosovo, including approximately 10,000 Roma, living in
    the country. All of them were required by law to leave the country once
    the Government determined they would no longer face any risks of
    oppression upon return. In April 2009 the German and Kosovo Interior
    Ministries concluded an agreement that provides for the return of
    Kosovar refugees. The federal Interior Ministry pledged to repatriate a
    maximum of 2,500 persons per year to ensure that Kosovo was not
    overburdened by a sudden influx of returnees. During the year 918
    repatriation orders were issued, including 556 concerning Roma. Between
    January and April, 313 persons were deported, including 53 Roma. As an
    incentive the Government provided special support to those refugees who
    returned voluntarily to Kosovo.
        During the year human rights organizations questioned whether the
    agreement with Kosovo provided adequate safeguards for the refugees
    being repatriated there. In a report released in October, Human Rights
    Watch noted that Roma, Egyptians, and Ashkali deported from Western
    Europe to Kosovo faced numerous obstacles to enjoyment of their basic
    human rights, including lack of access to personal documents;
    statelessness; problems repossessing their property or obtaining
    housing; difficulties accessing education, health, employment, and
    social welfare; and separation from family members.

        Stateless Persons.--Citizenship is derived primarily by birth from
    one citizen parent. However, citizenship may also be granted to
    children based on their birth in the country, provided one parent has
    been living there for at least eight years or one parent has a
    permanent residence permit and has had that status for at least three
    years.
        According to UNHCR statistics, there were 8,226 stateless persons
    at the end of 2009. Data on the number of stateless persons who were
    also refugees was incomplete. The Government generally implemented laws
    and policies to provide stateless persons the opportunity to gain
    nationality on a nondiscriminatory basis. Citizenship may be acquired
    by naturalization by those with permanent residence who have lived in
    the country for eight years. However, refugees and stateless persons
    may apply after six years' residence. It can be difficult for an
    applicant to produce sufficient evidence or documentation for the
    establishment of statelessness status--the burden of proof is on the
    applicant. In general the country protected stateless persons from
    deportation to their country of origin or usual residence where they
    could be threatened with political persecution.
    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 September 2009 the
    country held parliamentary elections that were considered free and
    fair. Political parties generally operated without restriction or
    outside interference unless they are deemed a threat to the federal
    constitution. Even when the federal authorities perceive such a threat,
    they have no authority to ban a party; they can only petition to the
    Federal Constitutional Court to do so.
        A total of thirty-one splinter parties were denied approval to
    participate in the 2009 federal parliamentary elections. The federal
    election supervisor based his decisions on formal mistakes made by the
    parties in the approval process and their allegedly inadequate
    ``manifestations of the characteristics of a political party.'' A
    report on the parliamentary elections released in December 2009 by the
    Office for Democratic Institutions and Human Rights of the Organization
    for Security and Cooperation in Europe (OSCE) criticized certain
    provisions of the law regarding the admission of new parties. The
    observers noted that the federal election committee, which decides on
    such admissions, is composed of those parties already represented in
    parliament, and this circumstance could lead to a conflict of interest.
    The report also noted that the law does not provide for judicial review
    of election administration decisions before Election Day, thus
    diminishing access of citizens to a timely remedy.
        The federal chancellor and five of the 16 cabinet members were
    women. There were 207 women in the 622-seat Federal Parliament (about
    32 percent). Four judges on the the 16-member Federal Constitutional
    Court were women.
        There were at least 16 members of ethnic minorities or members with
    an immigrant background in the parliament, one on the Federal
    Constitutional Court, and one in the cabinet. On April 27, the first
    state-level Muslim minister was appointed, in Lower Saxony.
    Section 4. Official Corruption and Government Transparency
        The law provides criminal penalties for official corruption, and
    the Government generally implemented these laws effectively.
    Nevertheless there continued to be reports of corruption. The
    construction sector and public contracting, where there were
    indications of inappropriate political party influence in the awarding
    of contracts, were areas of particular concern.
        Most state governments and local authorities have contact points
    for whistle-blowers and provisions for rotating personnel in areas
    prone to corruption. Government officials are forbidden to accept gifts
    linked to their jobs. There were serious penalties for bribing
    officials, for corrupt practices between companies, and for price-
    fixing by companies competing for public contracts. Authorities have
    strengthened anticorruption provisions that apply to support extended
    by the official export credit agency and have tightened the rules for
    public tenders. Authorities have prosecuted domestic firms for paying
    bribes to foreign officials to secure contracts.
        Parliamentarians are subject to financial disclosure laws that
    require them to publish earnings from outside employment. State
    prosecutors generally are responsible for investigating corruption
    cases. In December 2009 the Council of Europe criticized the country's
    anticorruption efforts and recommended tightening the criminal code
    with regard to bribery of parliamentarians. In its October 26 report,
    Transparency International criticized the dearth of legal measures to
    prosecute corruption among parliamentarians. It also recommended a
    ceiling for donations to political parties.
        Federal law provides for public access to government information.
    Four federal states (Berlin, Brandenburg, Schleswig-Holstein, and North
    Rhine-Westphalia) also have freedom of information laws that provide an
    appeals process.
        A November 2009 report of the UN Group of Experts on the Democratic
    Republic of the Congo (DRC) presented information indicating that
    Cronimet Mining GmbH, which is based in Germany, directly or indirectly
    funded conflict and perpetrators of human rights abuses in the eastern
    DRC.
    Section 5. Governmental Attitude Regarding International and
            Nongovernmental Investigation of Alleged Violations of Human
            Rights
        A wide variety of domestic and international human rights groups
    generally operated without government restriction, investigating and
    publishing their findings on human rights cases. Government officials
    were very cooperative and responsive to their views.
        There is no federal human rights ombudsman and no parliamentary
    committee with specific responsibilities for overseeing the country's
    human rights performance. The courts were the main resource for
    individuals seeking protection of individual human rights. Under the
    country's legal system, persons who believe that their rights have been
    violated are entitled to take their cases to court. In addition to the
    courts, the country has a wide range of governmental and
    nongovernmental bodies and organizations working to protect human
    rights. Petitions committees and commissioners for citizens' affairs
    provide individuals with contact points where they can lodge their
    complaints. Such points of contact are usually referred to as
    ``ombudspersons.''
    Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
        The constitution prohibits the denial of access to housing, health
    care, or education on the basis of race, ethnicity, gender, religious
    affiliation, age, sexual orientation, disability, language, or social
    status, and the Government effectively enforced these provisions in
    practice.

        Women.--The law criminalizes rape, including spousal rape, and
    provides penalties of up to 15 years in prison. The Government
    effectively enforced the law. According to national police criminal
    statistics, there were 7,314 cases of rape or serious sexual coercion
    in 2009. The federal government supported numerous projects in
    conjunction with the federal states and NGOs to deal with violence
    against women, both to prevent violence and to give victims greater
    access to medical care and legal assistance.
        The law prohibits violence against women, including spousal abuse;
    the law may temporarily deny perpetrators access to the household, put
    them under a restraining order, or in severe cases prosecute them for
    assault or rape and require them to pay damages. Penalties varied
    depending on the nature of the case. The law did not require a civil
    court decision for a temporary denial. The Government enforced the law;
    nevertheless, authorities believed that violence against women was
    widespread. Organizations that aid victims estimated that between 20
    and 25 percent of women have been victims of physical or sexual
    violence. There were about 360 women's shelters in the country with
    approximately 7,000 rooms for women and children. According to the
    Federal Ministry for Family, Senior Citizens, Women, and Youth,
    approximately 400,000 women per year sought refuge from abusive
    situations. Many NGOs on the local level provided hotlines, assistance,
    advice, and shelter.
        Forced marriages are illegal and invalid and may be punished by up
    to five years' imprisonment. While there were no reliable statistics on
    the number of forced marriages, evidence indicated that the problem
    occurred more often in the immigrant Muslim community than in the
    general population. Forced marriages reportedly often led to violence.
    Victims included women and, in some cases, young men living in the
    country for whom the family brought a spouse from abroad. In addition
    some women were sent by their families to other countries to marry
    against their will.
        Honor killings were also reported. On September 20, the the Federal
    Court of Justice approved the life imprisonment of a 47-year-old father
    who killed his daughter in Schweinfurt, Bavaria, stabbing her 68 times.
        Sexual harassment of women was a recognized problem. The law
    prohibits sexual harassment and requires employers to protect employees
    from sexual harassment. A variety of disciplinary measures against
    offenders are available, including dismissal. The law considers an
    employer's failure to take measures to protect employees from sexual
    harassment to be a breach of contract, and an affected employee has the
    right to paid leave until the employer rectifies the problem. There
    were press reports of sexual harassment in the workplace and in public
    facilities, but no statistics were available. Unions, churches,
    government agencies, and NGOs operated a variety of support programs
    for women who experienced sexual harassment and sponsored seminars and
    training to prevent it. No reliable data on the extent of this problem
    was available.
        Couples and individuals have the right to decide freely and
    responsibly the number, spacing, and timing of their children and to
    have the information and means to do so free from discrimination,
    coercion, and violence. There was easy access to contraception, skilled
    attendance during childbirth, and women and men were diagnosed and
    treated equally for sexually transmitted infections, including HIV.
    According to data compiled by international organizations, there were
    approximately seven maternal deaths per 100,000 live births in 2008.
        Men and women enjoy equal rights under the constitution. The
    Federal Ministry for Family, Senior Citizens, Women, and Youth was the
    primary federal agency responsible for protecting women's rights. The
    law provides for equal pay for equal work. Employers generally did not
    pay women less that men for equivalent work, although women were
    underrepresented in well-paid managerial positions and overrepresented
    in some lower-wage occupations. According to current information from
    the Federal Ministry for Family, Senior Citizens, Women and Youth,
    women earn an estimated 23 percent less than men for the same work.
    This is largely because more women in the country tended to be part-
    time workers.

        Children.--In most cases, citizenship is derived by birth from
    one's parents. Citizenship may also be granted to children born in the
    country provided one parent was resident for at least eight years or
    one parent has a permanent residence permit and has had that status for
    at least three years. Dual nationality is not recognized; and, upon
    reaching the age of 23, a dual national must choose one citizenship or
    the other. Civil registration offices record births.
        The law criminalizes rape and provides penalties of up to 15 years
    in prison. Consensual sex is legal from the age of 14 in most cases. An
    exception is if the older partner is over 18 years old and is
    ``exploiting a coercive situation'' or offering compensation, in which
    case the younger partner must be over 16 years old. In addition it is
    illegal for someone older than 21 years old to have sex with someone
    under 16 years old if the older person ``exploits the victim's lack of
    capacity for sexual self-determination.'' According to one estimate, 3
    to 11 percent of all prostitutes were 16 years old or younger.
        Under the law, possession of child pornography is a criminal
    offense. A child is defined as a person younger than 14 years of age.
    According to the law, the mere possession of, or attempt to acquire,
    any material reflecting a true or realistic incident of child
    pornography is punishable by a prison sentence of three months to five
    years. The country's legal system also applies extraterritorial
    jurisdiction, so that any act of child pornography is prosecuted
    domestically, according to domestic law, even if it was committed
    elsewhere.
        According to the Federal Criminal Office (FCO), in 2009 there were
    11,319 reported incidents of sexual abuse of children up to 14 years of
    age compared with 12,052 incidents in 2008. Between 2008 and 2009, the
    number of cases involving the distribution of child pornography
    (photographs and videos) declined to 11,597, a decrease of 36.5
    percent. The number of reported cases of ownership and procurement of
    child pornography declined by 43.0 percent, from 6,707 cases in 2008 to
    3,823 in 2009.
        In March the community of Schiffweiler voted their mayor, Wolfgang
    Stengel, out of office after a Saarbruecken court found him guilty of
    procuring and possessing child pornography and fined him 7,500 euros
    ($9,975).
        On May 28, the Karlsruhe regional court gave Joerg Tauss, the
    former secretary-general of Baden-Wuerttemberg's Social Democratic
    Party (SPD) and a member of the federal parliament, a 15 month
    suspended sentence for possessing child pornography. On August 31, the
    Federal Court of Justice rejected an appeal by Tauss as unfounded. When
    authorities first accused him in March 2009, Tauss left the SPD
    parliamentary caucus under pressure. The federal parliament lifted his
    immunity the following September, and the Karlsruhe prosecutor's office
    then filed formal charges.
        The Coalition for Street Children estimated there were as many as
    11,000 street children in the country. Authorities believed that these
    children were often subjected to violence and abuse and were frequently
    fleeing violent and abusive homes. Street children often turned to
    prostitution for income.
        The country is a party to the 1980 Hague Convention on the Civil
    Aspects of International Child Abduction. For information on
    international parental child abduction, please see the Department of
    State's annual report on compliance at http://travel.state.gov/
    abduction/resources/congressreport/congressreport--4308.htmt as well as
    country-specific information at http://travel.state.gov/adbudction/
    country/country--3781.html.

        Anti-Semitism.--The Jewish population was estimated to be more than
    200,000 persons in 2009. The 2009 FOPC report listed a total of 1,502
    right-wing, politically motivated crimes with extremist and anti-
    Semitic background in 2009 compared with 1,477 in 2008 (an increase of
    1.7 percent). Federal authorities generally took action against the
    perpetrators of anti-Semitic offenses.
        While most anti-Semitic acts were attributed to neo-Nazi or other
    right-wing extremist groups or persons, a number of high-profile anti-
    Semitic incidents indicated that Muslim youths were increasingly
    involved in attacks on, and harassment of, Jews. Annual statistics were
    not available; however, among the violent anti-Semitic attacks that
    occurred during the year were the following:
        On January 23, two teenage (ages 15 and 16) right-wing extremists
    committed an arson attack against the House of Democracy in Zossen,
    Brandenburg, which was hosting an exhibition on Jewish life in the
    city. Proceedings against them were ultimately dismissed on the grounds
    that they were too young to understand the gravity of their crimes. The
    24-year-old head of one of the largest right-wing extremist groups in
    Brandenburg, Freie Kraefte Teltow Flaeming, also stood trial at the
    Zossen local court, for instigating the arson attack. He confessed to
    doing so, as well as to other offenses, including the use of Nazi
    symbols and incitement of hatred. Authorities suspected his group of
    involvement in an earlier attack on the House of Democracy in 2009. No
    information was available by year's end as to the outcome of his trial.
        On March 26, a man verbally attacked two 10-year-old girls at a
    local train station in Berlin-Wannsee using anti-Semitic remarks. When
    a bystander intervened to assist the girls, the attacker grabbed a beer
    bottle and threatened the girls and the bystander. Police were called,
    and the perpetrator was charged with incitement of racial hatred. The
    case was pending at year's end.
        On March 27, a man and two women were beaten on a subway station
    platform in Berlin. The three were approached by a man who asked if
    they were Jewish. He reportedly returned with a group of youths who
    attacked the three, beating and kicking them and hitting them over the
    head with beer bottles.
        On April 16, a neo-Nazi physically attacked a 17-year-old Israeli
    in Laucha, Saxony-Anhalt. The Israeli was only slighly injured and was
    able to escape with the help of a passerby. The offender, a 20-year-old
    neo-Nazi, was sentenced to eight months in prison and a 360 euro ($479)
    fine by the Naumburg regional court on August 31.
        On June 19, a group of children and teenagers threw stones at
    members of a Jewish dance troupe and used a bullhorn to scream anti-
    Semitic remarks at them, forcing them off stage during a neighborhood
    street festival in Hanover, Lower Saxony. One of the dancers was
    injured, and the dance group subsequently ended their performance. The
    assailants were reportedly of Lebanese, Palestinian, Iraqi, Iranian,
    and Turkish origin. Politicians and local associations responded in
    outrage and disbelief to the incident. The police identified nine
    suspects shortly after the incident.
        On June 27, neo-Nazis attacked a 23-year-old man in Berlin-
    Oberschoeneweide and injured him seriously. On October 13, the state
    police searched four apartments in Berlin Marzahn-Hellersdorf and
    Pankow and arrested four young men suspected of having committed the
    attack. The police found clothing they wore during the attack and neo-
    Nazi CDs. Arrest warrants were issued for the two suspects.
        On October 13, a group of juveniles insulted three Jewish teenagers
    using anti-Semitic slogans on a public bus in Cologne-Pesch (North
    Rhine-Westphalia). When the Jewish teenagers left the bus, they were
    spit on and kicked. Police were investigating four suspects, ages 11 to
    15.
        The most widespread anti-Semitic acts were the desecration of
    Jewish cemeteries or other monuments with graffiti that included the
    use of swastikas. Incidents during the year included the following:
        On May 2, unknown persons damaged a majority of the gravestones at
    a Jewish cemetery in Gangelt, North Rhine-Westphalia.
        On June 15, unknown persons spray-painted five gravestones and a
    wall at a Jewish cemetery in Babenhausen, Hesse, with swastikas.
        On August 29, unknown persons set fire to the door of the funeral
    hall of the Jewish cemetery in Dresden. Firefighters were able to
    extinguish the fire. The police had no suspects but did not rule out
    neo-Nazi involvement.
        On November 19, vandals damaged the historic Jewish cemetery in
    Wattenscheid (North Rhine-Westphalia). More than 25 gravestones were
    pulled down and smeared with paint, swastikas, other Nazi symbols, and
    Anti-Jewish slogans. The vandals also painted swastikas on a
    commemorative plaque of the former synagogue and on a glass stele
    commemorating the Shoa victims in other parts of the city. A police
    investigation was underway.
        Other Jewish properties were also subject to anti-Semitic vandalism
    during the year:
        On the night of May 16, unknown persons doused a synagogue in Worms
    with flammable liquid and set it on fire, leaving a blackened exterior
    but no major damage. Forensics experts later identified eight sources
    of fire at the crime scene. The perpetrators also threw a Molotov
    cocktail through the window of the synagogue's library. Police found
    eight copies of a note that stated, ``As long as you do not give the
    Palestinians peace, we are not going to give you peace.'' Rhineland-
    Palatinate's Minister-President Kurt Beck condemned the attack.
        On July 28, visitors to the Web site of the Buchenwald/Mittelbau-
    Dora Concentration Camp Memorial foundation were redirected to a Web
    site denying the Holocaust. Another foundation Web site was deleted.
    According to the foundation, the attackers left behind messages such as
    ``brown is beautiful'' and ``We will be back.'' The Federal Office of
    Criminal Investigation began an investigation that continued at year's
    end.
        On August 29, there was an arson attack against the funeral hall of
    the Jewish cemetery in Dresden- Johannstadt (Saxony). The unknown
    perpetrators also set fire to the entrance door. An investigation was
    pending.
        On October 30, unknown perpetrators attacked the new synagogue in
    Mainz (Rhineland-Palatinate). The perpetrator threw a Molotov cocktail
    at the synagogue, but missed the building. There were no injuries and
    no damages. An investigation was pending at year's end. The synagogue
    had been inaugurated on September 3 with a ceremony that included
    numerous high-level figures, including President Christian Wulff,
    Cardinal Lehman of Mainz, and Rhineland-Palatinate Minister-President
    Beck.
        On December 7, unknown perpetrators defaced a memorial for the
    former Jewish synagogue in Magdeburg (Saxony- Anhalt) and the wall of
    the Israeli cemetery with Nazi slogans and symbols. The memorial for
    the synagogue had been subjected to a similar attack on November 14. A
    police investigation was pending at year's end.
        During the year courts convicted persons for speech that denied the
    Holocaust or was deemed offensive to Jews (see section 2.a.). On April
    16, a court in Regensburg, Bavaria, upheld a lower court's conviction
    of Richard Williamson, a bishop of the Saint Pius X Fraternity, for
    inciting racial hatred after he denied the Holocaust during a 2008
    interview with Swedish television while he was in Germany. The court
    reduced his earlier fine of 12,000 euros ($16,080) to 10,000 euros
    ($13,400).
        On November 3, it was reported that police arrested 22 persons
    suspected of spreading neo-Nazi ideology in a major action against the
    far-right Internet radio station Widerstand-Radio (Resistance Radio).
    In an operation involving 270 officers, police raided 22 premises
    across 10 of the country's 16 states, confiscating numerous computers
    and telephones.
        During the year the prosecutor general in Gera, Thuringia, opened
    investigations against Karl-Heinz Hoffmann (founder of the
    Wehrsportgruppe Hoffman, which was banned in 1980) and five neo-Nazis
    in Thuringia suspected of having illegally procured explosives. On
    October 6, police searched Hoffmann's apartment and two other locations
    in Nuremberg (as well as 16 sites in Thuringia, Saxony, and Bavaria)
    and confiscated computers and other material. According to victims'
    advocacy groups, crimes committed by far-right extremists in Thuringia
    almost doubled over the five years ending in 2009. The advocacy groups
    contended that authorities appeared prepared to look the other way.
        In August 2009 then interior minister Thomas Schaeuble appointed a
    group of experts on anti-Semitism to provide a regular report on anti-
    Semitism in the country, to coordinate government activities to combat
    anti-Semitism, and to submit an action plan to combat the problem. The
    group's report had not been released at year's end.
        On August 18, the city, the church, and most local social
    associations, including sports clubs, of Laucha (Saxony-Anhalt)
    countered a neo-Nazi demonstration held on the same day by organizing
    ``a day of humanity.'' More than 100 persons, among them Saxony-
    Anhalt's Interior Minister Holger Hovelmann (SPD), attended discussions
    and music performances in the church of Laucha. The neo-Nazi
    demonstration was held to protest the dismissal of the coach of the
    town's youth soccer team, Lutz Battke, a member of the town council and
    the NPD. Concern about the influence of Battke's views on the children
    he coached increased with the attack on an Israeli by a man who had
    trained with Battke for many years (see above).

        Trafficking in Persons.--For information on trafficking in persons,
    please see the Department of State's annual Trafficking in Persons
    Report at www.state.gov/g/tip.

        Persons With Disabilities.--The constitution prohibits
    discrimination against persons with physical, or mental disabilities in
    employment, education, access to health care, and the provision of
    other federal state services, and the Government effectively enforced
    these provisions. The relevant law, enacted in 2006, makes no specific
    mention of persons with sensory or intellectual disabilities but these
    are believed to be subsumed under the other headings. However, the
    federal states of Bavaria, Baden-Wuerttemberg, North Rhine-Westphalia,
    and Saxony limited the number of children with disabilities attending
    secondary schools. For example, in Baden-Wuerttemberg 54,200 students
    with disabilities were required to go to special schools, which often
    prevented them from attending secondary school. During the year only
    15.7 percent of children with disabilities attended regular schools
    together with children without disabilities. While special schools are
    often better equipped to take special care of students with
    disabilities, critics argued that such separation prevented the full
    integration of children with disabilities into the professional world
    and society as a whole.
        The number of schools and day care facilities that accommodated
    both children with disabilities and children without disabilities
    increased from 7,789 in 1998 to 14,143 in 2008, while the number of day
    care centers and schools exclusively for children with disabilities
    decreased from 691 in 1998 to 378 by mid-2008.
        In July 2009 the Government released a report on the status of
    persons with disabilities which indicated that unemployment among
    persons with disabilities decreased by more than 14 percent between
    2005 and 2008. The proportion of employees with disabilities in the
    workforce increased from 7.3 percent in 2005 to 8.5 percent in 2006. In
    2007-08, 72 percent of all juveniles with disabilities, who were
    eligible to do so, started professional training.
        The Government promoted the employment of handicapped persons
    through a number of measures. For example, employers with a mimum of 20
    employees must hire persons with disabilities to fill at least 5
    percent of all positions, facing a fine if they do not comply.
        The federal government has developed guidelines for barrier-free
    public buildings and for modifying streets and pedestrian zones to
    accommodate persons with disabilities. All 16 federal states have
    incorporated these guidelines into their building codes. Almost all
    federal buildings (98 percent) complied with the guidelines for a
    barrier-free environment. The federal government provided payments of
    518.2 million euros ($689 million) per year through 2019 to the states
    to support barrier-free buildings. Efforts were continuing to improve
    further barrier-free access in public transportation.
        By law the federal government is required to provide barrier-free
    access to communications, especially in the field of administrative
    Internet sites and official forms and notifications.
        In 2008 there were eight violent right-wing extremist crimes
    against persons with disabilities; there were 45 such crimes between
    2001-08.
        Under the law, the federal commissioner for matters relating to
    persons with disabilities is the principal government contact in all
    matters related to persons with disabilities and has specific
    responsibility for protecting the rights of persons with disabilities.
    The Ministry of Labor and Social Affairs; the Ministry of Family,
    Senior Citizens, Women, and Youth; and the Ministry of Transport,
    Building, and Urban Affairs also have responsibility for addressing the
    needs of persons with disabilities.

        National/Racial/Ethnic Minorities.--Beatings and harassment of
    foreigners and members of racial minorities remained a problem
    throughout the country.
        The FCO defined ``politically motivated crimes'' as offenses
    related to the victims' ideology, nationality, ethnicity, race, skin
    color, religion, world view, ancestry, sexual orientation, disability
    status, appearance, or social status. The FOPC report listed 156 right-
    wing extremist organizations and groups. Authorities estimated that, as
    of the end of 2008, there were approximately 30,000 persons who either
    belonged to one or more of these groups or were right-wing extremists
    without an organizational affiliation.
        The FOPC report for 2009 recorded 18,750 right-wing ``politically
    motivated crimes'' by extremists (a decrease of 5.8 percent compared
    with 19,894 in 2008). These included 891 violent crimes (a decrease of
    14.5 percent compared with 1,042 in 2008). Of these crimes, 351 were
    xenophobic acts and 31 were anti-Semitic. The Federal Criminal
    Investigation Office defines politically motivated crimes as offenses
    related to the victims' ideology, nationality, ethnicity, race, skin
    color, religion, worldview, ancestry, sexual orientation, disability
    status, parents, or social status. The 2009 FOPC report included 4,734
    left-wing politically motivated crimes, 707 committed by foreigners,
    and 761 other types. The report listed 195 right-wing extremist
    organizations and groups (156 in 2008). Authorities estimated
    membership in these groups, plus right-wing extremists who remained
    unorganized, to be approximately 26,600 (30,000 in 2008). For example:
        On February 29, three neo-Nazis attacked a foreigner in Frankfurt.
    The police arrested three suspects that belong to the right-wing group
    Freie-Kreefte Schwalm-Eder, a neo-Nazi group in the north of Hesse.
        On August 7, a man from Niger was brutally beaten and kicked by two
    drunken persons in a pub in Weissenfels, Saxony Anhalt. The victim was
    treated in a hospital and released. Police suspected xenophobic
    motivations for the attack as both the victim and a woman who wanted to
    help were verbally attacked with racist remarks. A police investigation
    was pending at year's end.
        On December 9, the Islamic Cultural Center of Iranians in Berlin-
    Brandenburg, located in Berlin-Tempelhof, was subject to an arson
    attack. The center's facade was damaged, but no one was injured. Berlin
    police have created a special working group to investigate a series of
    attempted arson attacks against six Muslim religious institutions, most
    of whose worshippers were immigrants or offspring of immigrants, during
    the year.
        To address right-wing extremism, authorities conducted a variety of
    educational programs to promote tolerance, many focusing on anti-
    Semitism and xenophobia. The Federal Ministry of Family, Senior
    Citizens, Women, and Youth implemented three complementary federal
    programs to combat right-wing extremism: Diversity is Good, a 19-
    million-euro ($25.3 million) per year program designed to train youth,
    educators, and immigrants about right-wing extremism, anti-Semitism,
    and xenophobia; Competent for Democracy, a five-million-euro ($6.7
    million) per year network to provide counseling in conflict situations;
    and Places of Diversity, a network of organizations, including
    political parties, media outlets, churches, and businesses to promote
    tolerance and democracy.

        Societal Abuses, Discrimination, and Acts of Violence Based on
    Sexual Orientation and Gender Identity.--Many lesbian, gay, bisexual,
    and transvestite (LGBT) rights groups reported no impediments to their
    operation or free association. During the year several gay pride
    marches occurred around the country without hindrance. However, the
    Government reported 164 crimes motivated by a bias against sexual
    orientation, of which 45 were violent crimes, in 2009 in the OSCE's
    report, Hate Crimes in the OSCE Region, and media and other reports
    indicated that societal and job-related discrimination against LGBT
    persons occurred but was rare.
        According to a study by the Berlin antiviolence project MANEO, more
    than 35 percent of LGBT persons surveyed nationwide experienced some
    form of violence between April 2008 and April 2009 because of their
    sexual orientation. The survey indicated that only approximately 11.9
    percent of cases were registered with the police.
        The number of reported attacks against LGBT persons in Berlin
    decreased during the year to 80, compared with 98 in 2009, although the
    number of violent attacks increased from 33 to 35. Police assumed, and
    other evidence indicated that many other cases went unreported. The
    Berlin antiviolence project MANEO maintained an emergency hotline for
    victims, which was used by 186 persons in 2008 and by 225 persons in
    2009.
        On June 27, a group of four young men committed separate attacks
    against four LGBT persons in a park in Berlin-Friedrichshain. The four
    LGBT persons were asked whether they were gay, and before they could
    answer, they were slapped and kicked. All victims were slightly
    injured, but none required hospital treatment. A police investigation
    was initiated.

        Other Societal Violence or Discrimination.--There was
    discrimination against persons with HIV/AIDS. The Government worked
    with NGOs, religious groups, and businesses to educate the public about
    HIV/AIDS and its prevention.
    Section 7. Worker Rights

        a. The Right of Association.--The constitution provides for the
    right of employees to form and join unions of their choice without
    excessive requirements or previous authorization. During the year
    approximately 21 percent of the workforce was unionized. The
    overwhelming majority of organized workers belonged to eight unions
    largely grouped by industry or service sector and affiliated with the
    German Trade Union Federation, the country's main trade union umbrella
    organization. The constitution permits unions to conduct their
    activities without interference, and the Government generally respected
    this right in practice.
        The constitution provides for the right to strike for all workers
    except civil servants (including teachers) and staff in sensitive or
    essential positions, such as members of the armed forces. Workers not
    allowed to strike had legal recourse through the courts to protect
    their rights. The law prohibits retaliation against strikers, and the
    Government generally enforced this law.

        b. The Right to Organize and Bargain Collectively.--The
    constitution protects the right to collective bargaining, and
    agreements are governed by law. The Government generally respected this
    right in practice. Collective bargaining agreements covered
    approximately 65 percent of the labor force in the western part of the
    country and approximately 51 percent in the east. Collective agreements
    are only binding for trade union members and their respective employer
    associations; however, many employers of nonunion labor also made use
    of the agreements to determine part or all employment conditions of
    their employees. Collective bargaining agreements negotiated with
    public service employees are usually extended to civil servants via
    legislation, although such extensions did not always include all of the
    provisions of those agreements.
        Antiunion discrimination and other forms of employer interference
    in union functions are prohibited by law and were not widespread.
    However, the International Trade Union Confederation reported that
    discriminatory tactics of some employers included targeted dismissals,
    demotions, transfers, and discrimination in recruitment.
        There are no export processing zones.

        c. Prohibition of Forced or Compulsory Labor.--The constitution and
    federal statutes prohibit forced or compulsory labor, including by
    children; however, there were reports that forced labor occurred. Also
    see the Department of State's annual Trafficking in Persons Report at
    www.state.gov/g/tip

        d. Prohibition of Child Labor and Minimum Age for Employment.--
    Comprehensive legislation protects children from exploitation in the
    workplace, and the Government enforced these laws.
        The law prohibits the employment of children younger than 15 with a
    few exceptions: children 13 or 14 years of age may do farmwork for up
    to three hours per day or deliver newspapers for up to two hours per
    day, and children three to 14 years of age may take part in cultural
    performances under strict limits on the kinds of activity, number of
    hours, and times of the day. Exploitative child labor was not a serious
    problem, although violations did occur mainly in small, often family-
    owned businesses such as bars, restaurants, and grocery stores.
        The Federal Ministry of Labor and Social Affairs enforced the law
    effectively through its Factory Inspection Bureau.

        e. Acceptable Conditions of Work.--The country does not have a
    statutory minimum wage; however, binding minimum wages have been
    established in 16 sectors of the economy, including construction,
    electrical trades, painting, postal service, waste management, large-
    scale laundries, and special mining services. In August new national
    minimum wages for some 800,000 nursing care workers came into force.
    The regulation applies to all employees regardless of the country of
    origin of their employers. The minimum wages in the various sectors
    generally provided an adequate livelihood for a worker and his family.
    Minimum wage rates set by collective bargaining agreements are
    enforceable by law and covered an estimated 60 percent of all wage
    earners. Individual contracts or company-level contracts negotiated by
    worker representatives who were not necessarily members of unions
    covered the remaining 40 percent of the workforce.
        The law provides for equal treatment of foreign workers, who
    generally worked in conditions equal to those of citizens; however,
    such workers faced some wage discrimination. For example, some schools
    paid foreign teachers less than their citizen counterparts. Employers
    also often paid lower wages to seasonal workers from Eastern Europe who
    came to the country on temporary work permits. At times employers paid
    workers from other EU countries the same wages they would receive in
    their home country, even if the corresponding citizen worker would
    receive a higher wage.
        Federal regulations limit the workweek to 48 hours, but collective
    bargaining agreements may stipulate lower maximums. Contracts that
    directly or indirectly affected 80 percent of the working population
    regulated the number of hours of work per week. According to the
    European Labor Force Survey, the average full-time employee's workweek
    was 39.8 hours for women and 41.0 hours for men in 2009; rest periods
    for lunch were accepted practices. Provisions for overtime, holiday,
    and weekend pay varied depending upon the applicable collective
    bargaining agreement.
        An extensive set of laws and regulations governs occupational
    safety and health. In practice a comprehensive system of worker
    insurance carriers enforced safety requirements in the workplace. The
    Federal Ministry of Labor and Social Affairs and its counterparts in
    the federal states effectively enforced occupational safety and health
    standards through a network of government bodies, including the Federal
    Institute for Occupational Safety and Health. At the local level,
    professional and trade associations--self-governing public corporations
    with delegates representing both employers and unions--oversee worker
    safety. The law provides for the right to refuse to perform dangerous
    or unhealthy work without jeopardy to continued employment.

                                   __________

                                     GREECE

        Greece is a constitutional republic and multiparty parliamentary
    democracy with an estimated population of 11 million. In October 2009
    the Pan-Hellenic Socialist Movement (PASOK) won a 10-seat majority in
    the unicameral Vouli (parliament) in elections regarded as free and
    fair, and George Papandreou became prime minister. Security forces
    reported to civilian authorities.
        Human rights problems reported during the year included: alleged
    abuse by security forces, particularly of undocumented immigrants;
    overcrowding and harsh conditions in some prisons; detention of
    undocumented migrants in squalid and overcrowded conditions; some legal
    restrictions on freedom of speech; restrictions on religious freedom;
    detention and deportation of unaccompanied or separated immigrant
    minors, including asylum seekers; inadequate reception capacity or
    legal aid for asylum seekers and refugees; domestic violence;
    trafficking in persons; discrimination against Roma and exploitation of
    Romani children; limits on the freedom of some ethnic minority groups
    to self-identify; and discrimination against and social exclusion of
    ethnic minorities, along with incidents of anti-Semitism.
        Parliament passed legislation early in the year that permits legal
    immigrants to vote in municipal elections; a relatively small
    percentage of legal immigrants took advantage of the legislation and
    voted in the November local elections.
                            respect for human rights
    Section 1. Respect for the Integrity of the Person, Including Freedom
            From:

        a. Arbitrary or Unlawful Deprivation of Life.--There were no
    reports that the Government or its agents committed arbitrary or
    unlawful killings.
        Amnesty International alleged that in April 2009, in the port of
    Igoumenitsa (western Greece), a coast guard officer severely beat a
    Kurdish Iraqi migrant, who died four months later because of his
    injuries. An investigation was ongoing at year's end.
        Amnesty International asserted that in October 2009 a Pakistani
    migrant died 14 days after being subjected to torture during his arrest
    and detention in a police station in Piraeus (port city adjoining
    Athens). The police opened a criminal investigation, which was ongoing.
        In October a Fokida (central Greece) court announced its decision
    in the trial of two police officers charged with intentional homicide
    and complicity in homicide in the 2008 killing of 15-year-old
    Alexandros Grigoropoulos in Athens. The killing had set off weeks of
    riots and demonstrations by youths and self-styled anarchists in cities
    across the country. The court sentenced one officer to life
    imprisonment and his partner to ten years in prison; both appealed the
    ruling, arguing they received an unfair trial, but the appeal date has
    not been set.
        In June an unnamed group claimed responsibility for killing a 52-
    year-old police officer in a bomb attack against the Ministry of
    Citizen Protection. An investigation was ongoing at year's end.
        On May 8, a group of protestors who opposed the country's economic
    reform program firebombed a bank in central Athens and reportedly
    prevented occupants from leaving the building, resulting in the death
    of three persons--including one pregnant woman--trapped inside. A
    criminal investigation of the killings was ongoing, but there were no
    arrests by year's end.
        No minefield-related deaths were reported during the year. On
    February 4, the Council of Europe's commissioner for human rights
    published a report stating that since 1995, mines had killed at least
    108 persons and severely injured 187 others attempting to cross the
    border through marked minefields in the Evros area along the Greek-
    Turkish border.

        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 provides safeguards
    for criminal suspects and undocumented immigrants in detention.
    However, during the year several international organizations and
    nongovernmental organizations (NGOs) reported abuse by police personnel
    and the coast guard, particularly of undocumented immigrants, asylum
    seekers, and Roma.
        In October 2009 police guards reportedly severely beat several
    asylum seekers and immigrants, including a 17-year-old Palestinian, who
    were protesting detention conditions and length of detention in the
    Paghani (Lesvos) detention center. During the investigation, some
    witnesses reported intimidation by the police.
        In January witnesses alleged that a coast guard officer struck an
    immigrant with a club and severely injured his finger.
        On May 9, according to Amnesty International, local NGOs, and the
    media, a group of vigilantes that included members of the far-right
    group Golden Dawn attempted to storm an abandoned courthouse in the
    center of Athens occupied by illegal immigrants. Human rights activists
    were injured in the ensuing fighting.
        NGOs working to support immigrants' rights accused the police of
    physical and verbal abuse as well as the destruction of personal
    property and documents during sweeps and identity checks. The deputy
    ombudsman for human rights stated that police continued to conduct
    identity checks and body and vehicle searches based on racial
    profiling, targeting specific neighborhoods where immigrants were known
    to reside.
        In November the Council of Europe's Committee for the Prevention of
    Torture (CPT) released a report on its September 2009 visit to the
    country's prisons and detention centers noting numerous complaints from
    detained suspected criminals of alleged police abuse, such as kicks,
    punches, and blows with batons, mainly during questioning by the police
    but also during apprehension. Many inmates complained about the lack of
    food and water, as well as bathroom facilities, during the transfer
    between prisons. The report also stated that several illegal immigrants
    complained about the physical force used by the police during
    deportations. The report noted that effective access to a lawyer or
    doctor was not consistently provided to detainees and stated that
    ``insufficient effort has been made to date to effectively investigate,
    prosecute, and punish perpetrators of ill treatment.'' In particular,
    the report emphasized that the Government continued to lack systematic
    approaches to preventing abuses, such as an ``adequately resourced
    police inspectorate'' or a ``credible, independent and effective police
    complaints mechanism.'' On the other hand, the report noted the CPT
    delegation ``did not receive allegations of deliberate physical
    mistreatment of prisoners by prison staff.''
        In contrast with years past, while Romani representatives
    complained about the lack of response by the police officers to assist
    in domestic disputes, they did not report any violence perpetrated by
    police officers during the year.

        Prison and Detention Center Conditions.--Conditions in prisons and
    detention facilities did not meet international standards. According to
    the CPT's November 17 report, ``the provisions in the 1999 Prison Law,
    setting down the standards of accommodation and the norms for a safe
    environment, including health and hygiene, to be provided to each
    prisoner, were still not complied with,'' and the measures undertaken
    to improve conditions of detention were limited in scope and not
    proactive.
        In his annual report in May, the deputy ombudsman for human rights
    noted that the situation in prisons had become ``explosive'' and that
    problems of the prison system, mainly caused by overcrowding, were
    chronic, The ombudsman noted, as an example, the conditions at the
    Ioannina prison (northwestern Greece), which he described as ``inhuman
    and degrading.'' Due to the lack of space, the inmates did not have
    adequate hygienic facilities and were either isolated or slept in bunk
    beds in the hallways. The UN special rapporteur echoed the observations
    in October and stated that some prisons he visited were severely
    overcrowded, with inadequate ventilation and ``despicable'' sanitary
    conditions.
        The Ministry of Justice reported that as of June, the total prison
    population was 11,674 (an increase of 310 from June 2009), while the
    official capacity of the prison system was 9,103.
        Poor prison conditions led to multiple prison protests during the
    year at the Korydallos (Piraeus) prison hospital and at the Trikala
    (Thessaly region) and Diavata (Thessaloniki) prisons.
        The deputy ombudsman for human rights, NGOs, and media reported
    that female prisoners continued to be subjected to systematic, invasive
    body cavity searches. The CPT report stated that body cavity searches
    on women are carried out not ``based upon a proper risk assessment but
    as a routine measure.''
        During the year the Office of the UN High Commissioner for Refugees
    (UNHCR), the UN special rapporteur, the CPT, and NGOs asserted that
    conditions in detention centers for undocumented aliens were
    unacceptable and amounted to serious violations of human rights.
    International organizations, the UN special rapporteur on torture, and
    the local deputy ombudsman for human rights cited ``asphyxiating
    ``overcrowding at certain detention centers and police stations,
    unhygienic facilities, a lack of outdoor and exercise space, and the
    intermingling of unaccompanied minors with adults and female with male
    detainees. NGOs and international entities reported that certain
    smaller police and border guard stations had especially poor
    conditions.
        The CPT report further observed that the length of lawful detention
    in many facilities had increased from 2008, with the number of staff at
    the facilities visited remaining ``totally insufficient.'' For example,
    the Fylakio and (the now-closed) Paghani centers had only six police
    officers on duty during the day for 201 and 548 migrants being held at
    that time in the respective institutions.
        While a brochure on detainee rights was reportedly distributed in
    multiple languages, some authorities reportedly failed to advise
    detainees of their rights.
        In an April 2009 statement, the Ministry of Justice stated that the
    death of Katerina Goulioni, a female prisoner and prisoners' rights
    activist (who died during transportation from Thiva women's prison to
    another prison on Crete) was the consequence of a drug overdose. The
    statement was based upon toxicology analysis reports by the Coroner's
    Laboratory of the Medical University of Crete and the Patras General
    Public Hospital that found the cause of death to be abuse of illegal
    substances, specifically heroin.
        There were a number of other specific reports during the year of
    overcrowding and degrading and unhealthful conditions at detention
    centers:
        In February the Police Association of Achaia, Peloponnese, reported
    that the conditions in the Patras police detention center were inhumane
    and degrading, with up to 60 persons held in a cell intended for a
    maximum of 14.
        In July the deputy ombudsman for human rights noted in a report
    that treatment of aliens at the detention center of the Athens airport
    was inhumane and degrading and requested the authorities to take
    immediate measures to alleviate the situation. Authorities committed to
    disinfect the center, to replace filthy mattresses, and to expedite
    construction of a new detention center.
        According to a series of September press reports, overcrowding
    remained a serious problem in many police detention centers, including
    several in Athens, which held detainees beyond their capacity. In one
    case the media reported severe overcrowding in detention centers at the
    five border stations in the Evros region near the Greek-Turkish border
    that received 250-300 undocumented migrants per day. Over 600 migrants
    were held in Fylakio (capacity 300); and 400 in Venna (capacity 250).
    The deputy ombudsman for human rights made a fact-finding visit to the
    Venna detention center a month after an inmates' riot in February to
    protest detention conditions; the results of the visit had not been
    published as of year's end.
        On December 6, Human Rights Watch (HRW) stated that conditions in
    the detention centers visited in northern Greece ``clearly risk the
    health and safety of detainees, and constitute inhuman and degrading
    treatment.'' The organization alleged that the detainees could not lie
    down to sleep due to overcrowding; the women and children were held in
    the same cells with men; and the toilet facilities were so limited that
    guards sometimes escorted detainees to ``defecate and urinate in nearby
    fields.'' According to the HRW, at the beginning of December 120
    unaccompanied migrant children (nine of them girls) were held among the
    detainees in the Fylakio-Kyprinou detention facilities for periods
    ranging from weeks to months. Officials reportedly told the HRW that
    children had to be detained until a place in a reception center was
    found.
        The Government permitted monitoring of conditions at prisons and
    detention centers by local and international humanitarian
    organizations, such as the UNHCR, the CPT, Doctors without Borders, the
    International Committee of the Red Cross, the Greek Council of
    Refugees, Medical Intervention, and the deputy ombudsman for human
    rights. The ombudsman for human rights conducted frequent short-notice
    visits to prisons throughout the country. During the CPT's September
    2009 visit, it gained unfettered ``rapid access to the places of
    detention visited, was able to speak in private with those persons with
    whom it wanted to meet, and was provided with access to the information
    it required to carry out its task.''

        d. Arbitrary Arrest or Detention.--The constitution and law
    prohibit arbitrary arrest and detention. However, police continued to
    conduct large-scale sweeps and temporarily detained large numbers of
    immigrants, sometimes in crowded and squalid conditions, while
    determining their residency status.

        Role of the Police and Security Apparatus.--The police are
    responsible for law enforcement and the maintenance of order within the
    country, and the coast guard is responsible for law enforcement in
    territorial waters. Both agencies are under the authority of the
    Ministry of Citizen Protection. The police and the army jointly shared
    law enforcement duties in certain border areas. Civilian authorities
    generally maintained effective control over the police and coast guard,
    but corruption and police impunity continued to be problems.
        Based on a law that prohibits expression of racist ideas, human
    rights NGOs filed in late March a protest letter with the Athens
    prosecutor regarding a coast guard special operations unit (36 members)
    that chanted racist slogans during the March 25 Independence Day parade
    in Athens.
        During the year police and coast guard personnel received training
    from government ministries, regional and international organizations,
    NGOs, and service academies. Subjects included antiracism,
    antitrafficking and victim identification, asylum seeker recognition,
    witness protection and interviewing, and crowd control.

        Arrest Procedures and Treatment While in Detention.--The law
    requires judicial warrants for arrests, except when made during the
    commission of a crime, and prohibits arbitrary arrest. In practice
    police did not always follow these provisions. Police are required to
    bring detainees before an examining magistrate within 24 hours. The
    magistrate has a maximum of 24 hours to issue a detention warrant or
    order the detainee's release, and these provisions were observed in
    practice. Pretrial detention may last up to 18 months, depending on the
    severity of the crime. A panel of judges may release detainees pending
    trial. Pretrial detainees made up approximately 30 percent of those
    incarcerated and contributed to prison overcrowding, according to
    figures provided by the Ministry of Justice. Some defense lawyers and
    legal activists asserted that pretrial detention was supposed to be
    reserved for exceptional cases but had become the norm. They also
    asserted that the detention period was excessively long. Bail is
    available for defendants detained on felony charges and for lesser
    charges unless a judicial officer determines that the defendant is a
    flight risk. The law provides detainees the right to contact a close
    relative or third party, consult with a lawyer, and access medical
    services. In felony cases the bar association provides lawyers to
    indigent defendants. While detainees were generally informed promptly
    of charges against them, foreign detainees on occasion did not have
    access to a court-appointed interpreter. According to the CPT's report,
    foreign detainees were given a packet informing them of their rights as
    detainees in multiple languages, although this was not always done
    promptly.
        Individuals accused of misdemeanors could be tried under expedited
    procedures that at times undermined defendants' basic rights due to the
    brevity and swiftness of the trial. Although such defendants enjoyed
    the right to counsel, the short time period limited defendants' ability
    to present an adequate defense. Defendants may request a delay to
    prepare a defense, but the court is not obliged to grant their
    requests. Expedited procedures were used in less than 10 percent of
    applicable cases.

        e. Denial of Fair Public Trial.--The law provides for an
    independent judiciary, and the Government generally respected this
    provision in practice; however, observers reported that the judiciary
    was inefficient and sometimes subject to influence and corruption. The
    judiciary sometimes acted more leniently toward those claiming a
    political motivation for their acts of property destruction (professed
    anarchists) than it did for others. For example, anarchists frequently
    received suspended sentences in lieu of prison time or fines.
        The ECHR has on several occasions criticized the country, including
    twice during the year, for unreasonable length of litigation and
    inefficiency of the court system.
        During the year the UN independent expert on minority issues as
    well as legal and human rights groups, including the GHM, reported that
    Roma experienced difficulty accessing justice and faced excessive
    delays in civil cases. Legal observers and NGOs reported discriminatory
    attitudes and language directed towards Roma in court.

        Trial Procedures.--The law provides for the right to a fair trial,
    and an independent judiciary generally enforced this right. Defendants
    enjoy a presumption of innocence. Trials are public in most instances,
    and juries are used in all first and second-degree felony cases. The
    law permits denial of the right to a jury trial in cases of violent
    terrorism. Defendants have the right to be present at trial and to
    consult with an attorney in a timely manner. An attorney is provided to
    indigent defendants facing serious charges. Defendants may 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. They have the right to appeal.
    Defendants who do not speak Greek have the right to a court-appointed
    interpreter.
        Some NGOs reported during the year that the quality and
    availability of court interpreters for non-Greek speakers varied from
    trial to trial.
        The Government recognizes Sharia (Islamic law) as the law
    regulating family and civic issues of the Muslim minority in Thrace.
    Muslims married by a government-appointed mufti are subject to Sharia
    family law. Many NGO and media reports characterized Sharia as
    discriminatory against women, especially in child custody, divorce, or
    inheritance cases. Members of the Muslim minority also have the right
    to have a civil marriage and take their cases to civil court.

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

        Regional Human Rights Court Decisions.--In January the European
    Court of Human Rights (ECHR) found that the country had violated the
    provisions of the European Convention on Human Rights prohibiting
    torture and excessively long legal proceedings in the case of a man who
    alleged he was subjected to police violence during his arrest and
    detention in 2001. On July 22, the ECHR ruled that the country had
    violated the European convention's prohibition of inhuman or degrading
    treatment and the right to liberty in its detention of a Palestinian
    asylum seeker (see section 2.d., Refugees).
        In 2009 the ECHR issued 69 judgments that found at least one
    violation by the country of the European Convention on Human Rights.
    The largest number of violations (41) involved the length of legal
    proceedings. Other decisions involved the right to a fair trial (16
    violations); the right to liberty and security (10 violations); the
    right to an effective remedy (eight violations); the protection of
    property (six violations); inhuman or degrading treatment (five
    violations); the right to respect for private and family life (three
    violations); and right to life/deprivation of life, freedom of
    expression, and prohibition of discrimination (one violation each).
        The country paid the fines levied by the ECHR.

        Civil Judicial Procedures and Remedies.--There is a generally
    independent and impartial judiciary in civil matters. The law provides
    citizens with the ability to sue the Government for compensation for
    alleged violations of rights.

        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 these provisions were not always respected.
        According to NGOs, the police and prosecutors conducted raids and
    searches of Romani and immigrant neighborhoods, frequently entering
    homes in search of criminal suspects, drugs, and weapons without
    authorization. Local authorities allegedly threatened to evict Roma
    from camps and tent dwellings during the course of the year.
    Section 2. Respect for Civil Liberties, Including:

        a. Freedom of Speech and Press.--The constitution and law generally
    provide for freedom of speech and of the press, and the Government
    generally respected these rights in practice. However, the law
    prohibits speech that endangers the country's foreign relations;
    spreads false information or rumors causing fear, rivalry, or division
    among citizens; or incites citizens to disturb the peace or commit acts
    of violence. In practice these legal prohibitions were seldom invoked.
    In most criminal defamation cases, defendants were released on bail
    pending trial without serving time in jail.
        Individuals could criticize the Government publicly or privately
    without reprisal, and the Government did not impede criticism.
        The independent media were active and expressed a wide variety of
    views without restriction.
        The law provides for the Government to exercise ``immediate
    control'' over radio and television stations in case of national
    emergency and establishes ownership limits on media frequencies. State-
    operated stations emphasized the Government's views but also reported
    objectively on other parties' positions.
        The law requires that radio and television stations broadcast
    primarily in Greek and that radio stations broadcast 24 hours a day. It
    sets minimum capitalization requirements and numbers of employees.
    Members of the Muslim minority in Thrace stated that the law
    discriminated against smaller, independent, Turkish-language stations.
    In 2009 the Western Thrace Minority University Graduates Association
    reported that the Government had begun to enforce the law, with one
    Turkish-language radio station receiving a violation notice for
    broadcasting in Turkish only.
        The law allows any prosecutor to order the seizure of publications
    that insult the president, offend any religion, contain obscenity,
    advocate the violent overthrow of the political system, or disclose
    military secrets. The Government did not enforce this law during the
    year.
        The law also provides for punishment of individuals who
    ``intentionally incite others to actions that could provoke
    discrimination, hatred, or violence against persons or groups of
    persons on the basis of their race or ethnic origin or who express
    ideas insulting to persons or to groups of persons because of their
    race or ethnic origin.''
        In a July 28 proclamation, the Sect of Revolutionaries cell claimed
    credit for the July killing of Sokratis Giolias, a popular blogger
    journalist.

        Internet Freedom.--There were no government restrictions on access
    to the Internet or reports that the Government monitored e-mail or
    Internet chat rooms. Individuals and groups could engage in the
    peaceful expression of views via the Internet, including by e-mail. The
    Internet was available throughout the country and widely used.
    According to International Telecommunication Union statistics for 2010,
    approximately 50 percent of the country's inhabitants used the
    Internet.
        There were no reports of the Government attempting to collect
    personally identifiable information on individuals from the Internet.
        The libel and defamation trial of an Internet blog administrator
    who, on one of his Web sites, allegedly called a Greek Orthodox
    televangelist ``stupid'' was rescheduled until October 2011.

        Academic Freedom and Cultural Events.--In general there were no
    government restrictions on academic freedom or cultural events. There
    were no reports of interference with cultural events of various ethnic
    groups.

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

        Freedom of Association.--The law provides for freedom of
    association; however, the Government continued to place legal
    restrictions on the names of associations of nationals who claimed to
    be of ``Macedonian'' ethnic origin or that included the term
    ``Turkish'' (see section 6, National/Racial/Ethnic Minorities).
        During the year international organizations and NGOs expressed
    concern that the Government's practice with regard to association names
    violated freedom of association. The ECHR ruled in October 2008 against
    the Government's 1998 denial of registration to the organization ``Home
    of Macedonian Culture.'' However, despite this ruling the Supreme Court
    in June 2009 upheld an earlier appeals court decision that denied the
    group registration; the group had not been registered by year's end.
        In September 2009, the Appeals Court of Thrace rejected the
    application of the ``Turkish Union of Xanthi'' for legal recognition
    despite a March 2008 ECHR ruling that the country was violating the
    freedom of association of the Muslim minority by refusing to recognize
    the organization. The ECHR had also ruled against the Government's
    refusal to register the ``Cultural Association of Turkish Women of
    Rodopi.'' The ECHR upheld its decision in October 2008 following the
    Government's appeal. In December 2008 the ``Turkish Union of Xanthi''
    returned to court to seek recognition in line with the ECHR decision.
    Upon rejecting the petition, the Appeals Court of Thrace stated that
    the ECHR's ruling was not binding, the ECHR had neglected to consider
    ``political'' factors in its decision, Article 12 of the Union's
    statute, which deals with ``Monitoring of Members' National and Social
    Beliefs'' was in violation of Article 5 of the Greek constitution (an
    issue not addressed in the ECHR ruling). The case was awaiting Supreme
    Court's decision at yearend.

        c. Freedom of Religion.--For complete description of religious
    freedom, please see the 2010 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, foreign travel, emigration, and
    repatriation for all citizens, and the Government generally respected
    these rights in practice. However, immigrants with temporary residence
    permits faced prolonged delays in renewing their permits and were,
    therefore, sometimes denied the right to return to the country, thus
    facing practical limits on their foreign travel.
        The law prohibits forced exile, and the Government did not employ
    it.
        The law permits the Government to deprive a person of citizenship
    for committing acts contrary to the country's interests for the benefit
    of a foreign state. The historical number of such cases was reportedly
    low, and there were no reports of new cases during the year.
        Many of the estimated one million immigrants in the country were in
    a semi-legal status, holding expired residency permits while going
    through the process of renewal. Immigrants encountered difficulty
    accessing government services if they did not carry current residency
    permits. In addition, immigrants holding certain types of temporary
    residency permits were given limited periods of time during which they
    could leave the country and still return, effectively restricting their
    ability to travel outside the country. During the year NGOs reported
    multiple instances of immigrants subjected to summary deportation
    without legal due process. The law provides for legalization of
    undocumented immigrants who can prove by a visa stamp or possession of
    a tax roll number that they entered the country before 2005. However,
    the ombudsman noted that this system of legalization remained
    disorganized and that there was no database of residence permit
    holders.

        Protection of Refugees.--The country's laws provide for the
    granting of asylum and humanitarian protection. While the Government
    has established a system for providing protection for refugees, it was
    widely seen as inadequate, given the large numbers of illegal
    immigrants entering the country.
        In November 2009 the Government announced its decision to reform
    the asylum process and create a committee of experts to propose
    recommendations for overhauling the country's asylum process and for
    setting up a new independent agency for processing asylum claims. The
    committee produced a report at the end of 2009, and new legislation on
    refugees was signed in late September. The new legislation requires
    that asylum decisions be issued within three months in an accelerated
    process, and within six months for regular applications.
        Despite the new legislation, problems persisted. In September the
    UNHCR, noting the absence of a functioning asylum system called on the
    country to accelerate the implementation of asylum reform. The UNHCR
    stated that conditions for asylum seekers in the country, which is one
    of the principal entry points to the EU, were ``notoriously
    difficult.'' Most asylum seekers were not identified as such and
    received no assistance, resorting to living on the streets. On
    September 21, the UNHCR stated that the situation for asylum seekers
    constituted ``a humanitarian crisis which should not exist in the
    European Union.''
        In September Council of Europe Commissioner for Human Rights Thomas
    Hammarberg stated that the country faced the challenge of dealing with
    numbers of asylum applications beyond its capacities and that asylum
    seekers continued to experience enormous difficulties in gaining access
    to the asylum procedure, without the assistance of interpretation and
    legal aid. He further observed that asylum seekers faced extremely
    harsh conditions in the country, where the asylum law and practice did
    not comply with international and European human rights standards. The
    commissioner expressed his particular concern that asylum seekers
    transferred to the country risked being returned to another country
    where their life and health would be in danger. He also stressed that
    detention facilities in the country were far from satisfactory.
        In his May report, the deputy ombudsman for human rights echoed the
    aforementioned concerns and also described the plight of unattended
    minors who did not apply for asylum or who were refused asylum and not
    granted protective status, thereby becoming subject to repeated
    detention or to deportation.
        Amnesty International, together with various NGOs, alleged in a
    July report that in some instances authorities deported asylum seekers
    without due process.
        The country adheres to the Dublin II Regulation, under which a
    signatory country--all signatories are European--may return asylum
    seekers to the initial Dublin II country of entry. In September the
    Council of Europe Commissioner for Human Rights called for revision of
    the Dublin II Regulation on the grounds that countries such as Greece
    were unable to provide adequate protection due to numbers of asylum
    seekers that exceeded their capacity. The commissioner stated that the
    ``gravely dysfunctional asylum procedures in Greece have brought the
    Dublin system to a genuine collapse.''
        In January UN High Commissioner for Refugees Antonio Gutierrez
    advised other European states not to return asylum seekers to the
    country under the Dublin II Regulation pending the implementation of
    asylum reforms. In September the UNHCR asked the EU to help the country
    comply with international and European obligations with respect to
    asylum.
        The UNHCR reported that from January to October, asylum seekers
    filed 6,576 first-instance applications; in the same period, the
    Government reviewed 9,195 applications and appeals and accorded refugee
    status to 24 applicants (0.26 percent) and special humanitarian status
    to 30 (0.32 percent); 2,548 applications were rejected.
        The UNHCR reported that in October the Government had a backlog of
    5,929 unprocessed initial claims for asylum and approximately 46,500
    appeals.
        In practice the Government provided only limited protection against
    the expulsion or return of refugees to countries where their lives or
    freedom would be threatened on account of their race, religion,
    nationality, membership in a particular social group, or political
    opinion. Many NGOs and international organizations reported that
    authorities summarily deported illegal immigrants, including asylum
    seekers, across Greek-Turkish land and maritime borders.
        The UNHCR, Amnesty International, the UN special rapporteur on
    torture, the European Commission against Racism and Intolerance (ECRI),
    the deputy ombudsman for human rights, and Doctors without Borders all
    expressed concern over the country's asylum policy and practices.
    Specific problems included unacceptable living conditions; lack of
    permanent reception facilities with decent living conditions; the use
    of ad hoc facilities (primarily on islands where a boatload of refugees
    arrived); underdeveloped systems to provide for refugee welfare;
    insufficient counseling to assist in the integration of refugees and
    asylum seekers; a lack of appropriate facilities for unaccompanied
    minors who were potential asylum seekers; and deficient interpretation
    and legal counseling for asylum seekers, especially at entry points.
        Conditions for illegal immigrants and asylum seekers detained by
    authorities were generally unsatisfactory. NGOs and international
    organizations continued to criticize detention procedures and
    facilities for refugees and asylum seekers as inadequate. All new
    arrivals, without exception, were placed under a deportation order
    without having the chance to first file for asylum, and detention was
    continued even if an asylum application had been submitted.
        Conditions for undocumented immigrants and asylum-seeking children
    were particularly difficult. During the year local and international
    NGOs, including Amnesty International, Doctors without Borders and the
    UNHCR on several occasions, found unaccompanied minors incarcerated
    along with adults in detention centers in the Aegean islands under
    degrading, inhumane, and unsanitary conditions. The UNHCR reported that
    an estimated 4,000 to 5,000 unaccompanied minors arrived in the country
    each year. Unaccompanied immigrant children lacked safe accommodations
    and legal guardians and were vulnerable to homelessness and labor
    exploitation. In September 2009 the ECRI noted with concern that the
    law allows for the deportation of unaccompanied minors and that
    unaccompanied minors were served deportation orders with no specific
    date of deportation and no interim accommodation centers for housing
    them pending deportation. The deputy ombudsman for children's rights
    informed the ECRI that social workers were responsible for the
    guardianship of unaccompanied minors, but in practice this duty was not
    carried out due to a lack of funds and guidelines.
        On July 22, the ECHR unanimously held that the country had violated
    Article 3 (prohibition of inhuman or degrading treatment) of the
    European Convention on Human Rights by holding an asylum seeker in
    squalid conditions in a detention center. In 2008 the coast guard
    detained a Palestinian national and placed him in a detention center.
    He alleged that he had been mistreated by the coast guard during his
    detention and also complained about detention center conditions. He
    alleged that he had not been informed of the possibility of appeal and
    did not have the assistance of a lawyer or an interpreter. The ECHR
    based its finding of a violation of Article 3 on living conditions in
    the detention center where the applicant was held, the degrading
    treatment accorded him, and the lack of diligence on the part of the
    authorities in providing him with appropriate medical assistance. The
    court also found that the treatment of the detainee violated convention
    Article 5 (right to liberty and security).
    Section 3. Respect for Political Rights: The Right of Citizens to
            Change Their Government
        The constitution and law provide citizens the right to change their
    government peacefully, and citizens exercised this right in practice
    through periodic, free, and fair elections based on universal suffrage.

        Elections and Political Participation.--The country held
    parliamentary elections in October 2009; the elections were considered
    free and fair. Opposition parties functioned freely and had broad
    access to the media.
        Approximately one-third of the Roma were not registered to vote.
    Some Roma reported that local authorities deprived them of the right to
    vote by refusing to register them.
        According to the law, voting is mandatory for citizens over the age
    of 18; however, there are many conditions under which citizens may be
    exempted, and there was no penalty for not voting.
        There were 51 women in the 300-seat parliament and three women in
    the 17-member cabinet. A quota system requires 30 percent of all local
    government candidates to be women. At the three highest courts, 14 of
    61 Council of State justices, 28 of 59 Supreme Administrative Court
    justices, and three of 62 Supreme Court justices were women.
        There were two members of the Muslim minority of Thrace in the 300-
    seat parliament; there were no minority members in the cabinet.
    Section 4. Official Corruption and Government Transparency
        The law provides criminal penalties for official corruption. In the
    past the Government had not been diligent in implementing the law, and
    significant official corruption occurred with impunity. The 2009
    Transparency International (TI) annual report noted that in 2008 more
    than 13 percent of citizens bribed officials, primarily in health care,
    tax, and urban planning agencies. The 2009 World Bank governance
    indicators suggested that corruption is a serious problem.
        The current government entered office in October 2009 with the goal
    of increasing transparency and reducing official corruption. While the
    Government has taken some concrete actions, the media, international
    organizations, and NGOs continued to voice concerns about corruption.
    In September the public prosecutor's office set up a new unit to
    facilitate prosecution of economic/financial crimes in the public
    sector. The unit was designed to work closely with the Financial and
    Economic Crime Unit of the Ministry of Finance and the Internal Affairs
    Division of the State Police, which was responsible for cases of
    corruption across the public sector. The office's caseload included
    alleged tax violations by a former minister, the Vatopedi monastery
    land swap scandal, reports of financial mismanagement at a large Athens
    hospital, and reports of bribery and the issuance of suspect
    ``winning'' lottery tickets.
        The Government also continued to pursue an in-depth investigation
    into judicial corruption and took steps to trace and apprehend corrupt
    government procurement officials, tax collectors, and police officers.
        Parliament conducted an investigation into the alleged land-swap-
    and-sale scandal involving the ``Vatopedi'' Greek Orthodox monastery
    and government officials. The Parliament decided in November to refer
    three former ministers involved in the case to a special judicial
    council that would determine whether they should be tried by a Special
    Tribune.
        Parliament also conducted an investigation involving alleged
    malfeasance by government officials in financial dealing with the
    German company Siemens. Parliament did not release the results of the
    investigations during the year, and the cases remained open. The
    country's largest opposition party contended that these cases were
    highly politicized.
        Police corruption continued to exist. During the year the police
    Bureau of Internal Affairs took multiple disciplinary measures,
    including dismissal and suspension, against officers involved in
    corruption. The cases primarily involved forging documents, taking
    bribes, illegal actions involving arms and explosives, illegally
    releasing persons from custody, procuring, and violations related to
    alien registration.
        A number of cases were pending at year's end, including that of the
    director and chief warden of prisons in Crete, suspended from duty in
    July for alleged corruption and violations of the prison code, and an
    Aliens Division police officer arrested in June 2009 for allegedly
    taking bribes in order to accept asylum applications. Pending cases
    from 2008 included corruption investigations against several judges, a
    ring dismantled by the police's Bureau of Internal Affairs that
    included law enforcement and intelligence officials, and the appeal of
    a case involving eight Thessaloniki police officers convicted of
    beating a Cypriot student in 2006.
        There are income disclosure laws for high-ranking public officials
    and members of parliament.
        The constitution provides for the right of access to government-
    held information. However, NGOs and media observers noted that access
    to information was sometimes difficult in practice due to bureaucratic
    delays.
    Section 5. 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. Several NGOs reported
    harassment or threats during the year. A leader of the antitrafficking
    organization European Network of Women (ENOW) reported multiple threats
    and media harassment related to a continuing appeals court case
    involving an ENOW-supported witness and a convicted trafficker.
        The law provides for an independent ombudsman. The Office of the
    Ombudsman provided an effective means for citizens to report human
    rights and religious freedom problems. The office received adequate
    resources to perform its other functions, which included mediating
    between private individuals and public administration and defending and
    promoting children's rights.
        There were five deputy ombudsmen who dealt, respectively, with
    human rights, children's rights, citizen-state relations, health and
    social welfare, and quality of life. The deputy ombudsman for human
    rights received complaints during the year regarding the Government's
    handling of residence and work provisions for immigrants; overcrowding
    in prisons and detention centers for illegal aliens; unjustified
    procedural difficulties in acquiring citizenship; excessive and
    unjustified delays in processing applications by Muslims from Thrace to
    recover citizenship lost under pre-1998 laws; arbitrary acceptance or
    denial of asylum seekers' applications; discrimination against aliens;
    and police brutality. Personnel of the ombudsman's office gained access
    to several prisons during the year for unannounced inspections. The
    volume of such problems has remained steady in recent years.
        The Government-funded National Commission for Human Rights (NCHR)
    is an autonomous human rights body. It is the Government's advisory
    body on the protection of human rights and is composed of
    representatives of the Government, labor unions, political parties,
    organizations of civil society, independent authorities, and academics.
    During the year it produced public reports (available on the Internet
    in English) on citizenship, discrimination, and employment, as well as
    camera surveillance in public areas, image and sound recording, DNA
    analysis in criminal proceedings, and the national database of DNA
    profiles. Regarding migrants and refugees, the NCHR noted progress
    towards the effective integration of regular migrants and their
    children in Greece via the new law on ``Greek Citizenship and the
    Political Participation of Aliens of Greek Origin and of Regular
    Migrants'' and stated that it would monitor the ongoing changes in the
    asylum system.
    Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
        The constitution and the law prohibit discrimination based on race,
    gender, disability, language, or social status; however, the Government
    did not protect these rights consistently in practice.

        Women.--Rape, including spousal rape, is a crime. Conviction rates
    for rape were low for first-time offenders, but sentences were robust
    for repeat offenders. According to police statistics, 298 rape or
    attempted rape cases were reported in 2009, and police arrested 252
    rape suspects, 128 of whom were noncitizens. In 2008 police reported
    287 rapes and attempted rapes. Medical, psychological, social, and
    legal support was usually available to rape victims from the Government
    and NGOs.
        Domestic violence, including spousal abuse, continued to be a
    problem. The General Secretariat for Gender Equality (GSGE), an
    independent government agency, the UN Committee on the Elimination of
    Discrimination against Women, and NGOs reported that domestic violence
    was common. The law provides for prosecution by force of law, without
    the need for a victim to press charges, for all domestic violence
    crimes. Penalties range from two to 10 years' imprisonment, depending
    on the gravity of the crime. The GSGE estimated that only 6 to 10
    percent of domestic violence victims contacted the police and only a
    small fraction of those cases reached trial.
        The GSGE, in cooperation with the Ministry of Citizen Protection,
    trained police on working with domestic violence victims. Despite
    training efforts, the GSGE reported that police tended to discourage
    women from pursuing domestic violence charges, encouraging them instead
    to undertake reconciliation. NGOs reported that courts were lenient on
    male offenders in domestic violence cases. Police stations generally
    had a manual on how police should treat victims of domestic violence.
        The GSGE provided counseling and assistance to domestic violence
    victims. Two GSGE shelters for battered women and their children, in
    Athens and Piraeus, offered services including legal and psychological
    help. The GSGE operated a 24-hour emergency telephone hotline for
    abused women, and the Ministry of Health and Social Solidarity operated
    a hotline providing referrals and psychological counseling for victims
    of domestic violence. The municipality of Athens, the Greek Orthodox
    Church, and a variety of NGOs operated shelters and walk-in centers for
    victims of domestic violence.
        Government statistics on the extent of rape, domestic violence, and
    spousal abuse were either unavailable or outdated. Data on
    prosecutions, convictions, and prison sentences for rape and domestic
    violence crimes were unavailable.
        The law prohibits sexual harassment and provides for penalties
    ranging from two months to five years in prison. However, in 2009 labor
    unions reported that lawsuits for sexual harassment were very rare,
    with only five cases since 2000. Government enforcement was generally
    ineffective due to a lack of punishment for offenders.
        In its annual study, the Center for Research on Gender Equality
    Issues reported that the vast majority of women who experienced sexual
    harassment in the workplace quit their jobs and did not file charges.
    The center estimated that 30 to 50 percent of working women and 10
    percent of working men experienced sexual harassment at their
    workplaces during the year.
        The Government generally respects the reproductive rights of
    couples and individuals. Contraception was widely available in stores
    and in hospitals, and the Government respected the rights of couples
    and individuals to decide freely and responsibly the number, spacing,
    and timing of their children. Public hospitals provide services free of
    charge; consequently, any health issues typically surface only after a
    woman returns to her community, which may have substandard facilities.
    Both public and private hospitals provided modern skilled attendance
    during childbirth. Women and men have equal access to diagnostic
    services and treatment for sexually transmitted diseases. According to
    data compiled by international organizations, the estimated maternal
    mortality rate in 2008 was two deaths per 100,000 live births.
        Muslim women in Thrace are subject to Sharia law as interpreted by
    official muftis; their rights under family law, property law, and in
    the judicial system are inferior to those of men. The Government
    recognizes Sharia as the law regulating the family and civic issues of
    the Muslim minority in Thrace, with trial courts in Thrace routinely
    ratifying the muftis' decisions. The UN independent expert on minority
    issues highlighted in February 2009 that the application of Sharia in
    some instances subjected Muslim women to norms incompatible with the
    constitution, legislation, and international standards, particularly
    with respect to underage marriages (see section 6, Children). The UN
    independent expert on minority issues noted in 2009 that the situation
    of women in Romani and Muslim communities was of particular concern.
    According to the UN report, Muslim women experienced severe
    inequalities in access to education and consequently suffered
    disproportionately high levels of illiteracy and unemployment.
        In a February 2009 case, a Muslim woman sued the local mufti of
    Xanthi for breach of duty for refusing to honor a custody agreement she
    had previously signed with her husband. The agreement stipulated that
    custody of the couple's only child would go to the mother. The woman
    claimed that the mufti arbitrarily changed the terms of the agreement
    by giving custody to the father. The case was pending at year's end.
        In an unprecedented 2008 case, a trial court in Rodopi Prefecture
    refused to ratify a mufti's decision that awarded a woman only a small
    share of her parental inheritance, instead of the one-half share
    provided by civil law. The court held that the law of the country and
    European law should prevail over Sharia. The court stated that the
    application of Sharia should not deprive the country's Muslim women of
    their rights and should not be applied if it violated the basic
    principles of the constitution regarding the equality of the sexes and
    equality before the law. A final court decision regarding the division
    of property between the woman and her brother had not been delivered by
    year's end.
        The National Commission for Human Rights advised the Government to
    limit the powers of the muftis to religious duties and to stop
    recognizing Sharia because it could restrict the civic rights of
    citizens. Muslim female activists claimed that, because all Muslim
    women in Thrace were married under Sharia, they were obliged to acquire
    mufti consent to obtain a divorce. These decisions were based on
    interpretations of Sharia that do not exist in written form and
    therefore could not be appealed. Nevertheless, the courts routinely
    ratified such mufti decisions.
        Apart from the Muslim minority in Thrace, women have rights equal
    to those of men, and the constitution stipulates gender equality.
        The law provides for equal pay for equal work; however, according
    to the European Commission, the gap between the salaries of men and
    women in the country was 22 percent in favor of men. Although
    relatively few women occupied senior private sector positions, women
    continued to enter traditionally male-dominated professions, such as
    law and medicine, in larger numbers. Women were underrepresented in
    labor union leadership.

        Children.--Citizenship is derived from one's parents at birth. A
    single parent can confer citizenship to a child and Greece allows for
    dual citizenship.
        A new citizenship law passed in March gives citizenship rights to
    alien children born in the country whose parents have lived legally and
    permanently in the country for five years. Alien children born abroad
    whose parents have lived legally and permanently in the country for
    five years become citizens upon successful completion of elementary
    education (six years). Foreigners arriving in the country after the new
    law takes effect will have to fulfill a seven-year legal residency
    requirement before they can apply for citizenship, which, together with
    consideration procedures, may stretch the wait to a decade. The fee for
    applying for citizenship was recently reduced to 700 euros ($1,000)
    from 1,500 euros ($2,150).
        The law gives immigrant children born in the country the right to
    apply for long-term residence permits. NGOs estimated that of the
    200,000 foreign children living in the country, only 30,000 could meet
    the requirements of the law, which include a fee of 900 euros ($1,290),
    a certificate of completion of the mandatory nine years of education in
    the country, and two parents with legal residence permits.
        Romani children continued to face social exclusion and
    discrimination in education and lack of access to social services (see
    section 6. National/Racial/Ethnic Minorities).
        Violence against children, particularly against street children,
    Romani children, and undocumented immigrants, was a problem. The law
    prohibits corporal punishment and mistreatment of children, but
    government enforcement was generally ineffective. Welfare laws provide
    for treatment and prevention programs for abused and neglected children
    as well as alternative family care or institutional placement for those
    in need of it. However, government-run institutions were understaffed,
    and NGOs complained that they did not have places for all children who
    needed alternative placement. In 2008 the deputy ombudsman for
    children's rights reported that the system of children's welfare and
    protection was deficient overall and did not cover increasing needs. In
    particular, social services were not appropriately staffed to handle
    serious family problems, and welfare allowances and support for single
    parent families were insufficient. In addition, the deputy ombudsman
    noted that prosecutors for minors, who should by law take measures to
    protect children in difficult situations, were overloaded with other
    duties. Child protection institutions were understaffed and lacked
    certification and sufficient qualified staff to provide care to abused,
    refugee, or drug-abusing children.
        After visits to the Children's Chronic Illnesses Institution in
    Skaramangas (Attica), the Center for Care of Children of Lechaina
    (Peloponnese), the Center of Rehabilitation of Children in Voula
    (Athens suburb), the Institution for Chronic Illnesses of Children
    ``Saint Andreas'' of Rhodes, and the Asylum of Chronic Illnesses of
    Children of Patras, the deputy ombudsman for children's rights reported
    that, due to a lack of staff, children were sedated, tied to their
    beds, or even confined in wooden cages to limit their movement.
        Foster care systems were not adequately implemented, and the
    process of adoption continued to take several years.
        The legal age for marriage is 18. However, child marriage was
    common within the Romani community, and there were a limited numbers of
    marriages of persons under 18 among the Muslim minority in Thrace and
    Athens, performed with the permission of the prosecutor. NGOs reported
    that Romani women typically marry and have children at a very early
    age, reportedly as young as 13. Child marriage was considered a
    tradition in the Romani community but also resulted from a lack of
    education and work opportunities. The state-appointed muftis, who may
    apply Sharia in family matters, noted that they did not allow the
    marriage of children under age of 15 and, in order to protect children,
    required a prosecutor's decision to allow marriages involving a minor
    between the ages of 16 and 18. However, in February 2009 the UN
    independent expert on minority issues reported that child marriages,
    which carried serious implications for the health, wellbeing, and life
    choices of Muslim women, regularly took place unchallenged by the
    national authorities.
        According to law, the age of consent is 15 years of age for
    heterosexual sex and 17 years for male homosexual sex. The law does not
    specify an age of consent for female homosexual sex. The country
    criminalizes sex with children under the age of 15.
        The law prohibits the possession and circulation of child
    pornography, treating this as a felony punishable by five to 10 years'
    imprisonment.
        According to the UN Children's Fund (UNICEF) and local NGOs, the
    majority of street children (often indigenous Roma or Albanian Roma)
    were exploited by family members, who forced them to work in the
    streets, begging or selling small items. The Government took
    insufficient steps to prevent this form of child exploitation. While
    national statistics were unavailable, in June 2009 the NGO ARSIS
    reported that it had found 638 street children in Athens and
    Thessaloniki. In 2009 and 2010, according to ARSIS, there was a
    significant rise in the total number of street children, especially
    Romani children from Bulgaria and Romania. However, the number of
    street children from Albania declined.
        The country is a party to the 1980 Hague Convention on the Civil
    Aspects of International Child Abduction. For information on
    international parental child abduction, please see the Department of
    State's annual report on compliance at http://travel.state.gov/
    abduction/resources/congressreport/congressreport--4308.html as well as
    country-specific information at http://travel.state.gov/abduction/
    country/country--3781.html.

        Anti-Semitism.--Local leaders estimated the Jewish community
    numbered 5,000. Isolated expressions of anti-Semitism occurred,
    particularly in the extremist press. On December 20, the Greek Orthodox
    Church's Metropolitan Seraphim of Piraeus made anti-Semitic statements
    on national television; they were immediately condemned by the
    Government and other Church officials. There continued to be reports of
    incidents of vandalism of Jewish monuments. In November the police
    arrested two young men after finding Molotov bomb-making components in
    their possession, and charged them with planning an arson attack on a
    synagogue in Athens.
        In May three perpetrators set fire to a tomb and painted anti-
    Semitic graffiti on a number of tombstones, on alley walls, and on the
    surrounding wall of the Jewish cemetery in Thessaloniki; the suspects
    were arrested. During the same month, unknown perpetrators damaged the
    Holocaust monument in Rhodes.
        In June a university student painted a swastika on the Jewish
    monument in Komotini (Thrace) and was subsequently arrested; his trial
    was pending at year's end.
        The Chania synagogue on Crete was destroyed after three arson
    attacks between December 2009 and January. Police filed charges against
    five suspects and arrested one, who was released in August due to lack
    of evidence. The court suspended criminal prosecution against the five
    suspects, deeming the evidence against them insufficient. The case may
    be re-opened within five years from the time the crime was committed if
    new evidence is presented.
        The Government condemned all incidents of vandalism and desecration
    and provided funds for the restoration of the Chania synagogue. The
    police routinely investigated all such instances of vandalism and
    desecration. Many ministers spoke out immediately and publicly against
    the arson attack.
        In May the Jewish community of Athens unveiled a Holocaust Monument
    in central Athens during a special ceremony organized by the city and
    the Jewish community. Government and political party representatives
    attended commemorative events throughout the country for the Holocaust
    Remembrance Day and issued public statements.
        On September 26, the municipality of Chalkida (Central Greece)
    unveiled a monument in honor of the World War II Jewish hero Colonel
    Mordechai Frizis. The country's president and representatives of
    various political parties attended the ceremony.
        In 2007 the Greek Helsinki Monitor (GHM) and the Central Board of
    Jewish Communities brought charges against the newspaper Eleftheros
    Kosmos and former LAOS political party candidate Kostas Plevris for
    racism and anti-Semitism. In March an appeals court vacated Plevris's
    2007 conviction for inciting hatred and racial violence with his book
    The Jews--The Whole Truth. A public prosecutor subsequently filed an
    appeal with the Supreme Court against the decision, seeking to ensure
    that it would not set a legal precedent. In April the Supreme Court
    rejected the appeal.
        In 2007 Plevris sued senior representatives of the local Jewish
    community, journalists, and NGO activists for publicly criticizing some
    of the judges who participated in the judicial proceedings against him,
    allegedly disseminating false information through the medium of the
    press, perjury, and aggravated defamation. The NGO activists were found
    not guilty in a December 6 verdict. The trial of the journalists and
    Jewish community representatives was scheduled for January 2011.

        Trafficking in Persons.--For information on trafficking in persons,
    please see the Department of State's annual Trafficking in Persons
    Report at www.state.gov/g/tip.

        Persons With Disabilities.--The law prohibits discrimination
    against persons with physical and mental disabilities in employment,
    education, access to health care, or the provision of other government
    services; in practice government enforcement of these provisions was
    uneven. The law mandates access to buildings for persons with
    disabilities and special ramps for the sidewalks and means of public
    transportation; however, authorities enforced this law poorly. Disabled
    activists reported that, although special ramps for sidewalks were
    being constructed throughout the country, sidewalks and special ramps
    were overwhelmingly occupied by parked vehicles, thus hindering
    accessibility for disabled persons. The general lack of accessibility
    forced such persons to remain at home and led to serious social
    exclusion.
        Only 5 percent of public buildings were fully accessible to persons
    with disabilities, with the majority of these in Athens; most buildings
    with special ramps did not have accessible elevators or lavatories. The
    deputy ombudsman for social welfare handled complaints related to
    persons with disabilities, especially those related to employment,
    social security, and transportation.
        In 2009 the Ministry of Health and Social Solidarity estimated that
    there were 180,000 children with disabilities with special educational
    needs. The Teachers' Association estimated in 2009 that only 18,500 of
    these children attended primary school and of these only 10 percent
    would attend secondary school, due either to a lack of local special
    education schools or a lack of accessibility. In 2009 the National
    Confederation of Persons with Disabilities reported that the
    educational system for persons with disabilities fostered
    discrimination and social exclusion and, therefore, 90 percent of
    children with disabilities were excluded from the mandatory nine years
    of education.
        The Confederation of the Disabled reiterated during the year that
    education was not available for persons with serious disabilities and
    many such persons were forced either to leave school due to lack of
    accessibility or to accept a low quality education at the special
    education schools. The confederation stated that only two of the 10
    universities in Athens were accessible to persons with disabilities and
    that 80 percent of children in special schools for children with
    disabilities were housed in buildings unsuitable to their needs.
        The Confederation of the Disabled estimated that the unemployment
    rate of persons with disabilities was 84 percent in 2009 and
    constituted the greatest social problem they faced.
        Athens was selected to host the Special Olympics World Summer Games
    in the summer of 2011.

        National/Racial/Ethnic Minorities.--Roma continued to face
    widespread governmental and societal discrimination, including alleged
    police abuse, mistreatment while in police custody; regular raids and
    searches of their neighborhoods for criminal suspects, drugs, and
    weapons; limited access to education; and segregated schooling. Their
    dwellings (in many cases shacks made of cardboard, plastic sheets, and
    corrugated tin on the edge of city dumps) lacked running water,
    electricity, or waste removal and were at times demolished by municipal
    authorities. Government efforts to address these problems were
    inconsistent, especially at the municipality level.
        The law prohibits the encampment of ``wandering nomads'' without a
    permit and forces Roma to establish settlements outside inhabited areas
    and far from permanent housing. There were approximately 70 Romani
    camps in the country. Local and international NGOs charged that the
    enforced separation of Romani settlements from other inhabited areas
    contravened the country's commitments under the International
    Convention on the Elimination of All Forms of Racial Discrimination.
        In his report on human rights, the deputy ombudsman for human
    rights noted that in addition to the grave housing problem, Roma faced
    very serious problems of access to education and employment. He stated
    that very few indigenous Romani children attended school, that alien
    Romani children did not go to school at all, and that government
    projects to attract Romani children to education had very limited
    success. In September the GHM stated that segregation of Romani
    children in schools was a persistent phenomenon and noted the existence
    of Roma-only schools throughout the country as well as the refusal of
    school authorities in a number of areas to allow Romani children access
    to schools.
        In September the secretary for intercultural education intervened
    in the case of two segregated schools, in Veroia and Ergochori
    (Northern Greece), resulting in the acceptance of Romani children by
    neighboring schools. The Ministry of Education acknowledged that Romani
    children's attendance in school was limited and urged school directors
    to ensure enrollment and unhindered school attendance of Romani
    children. According to the European Union Agency for Fundamental
    Rights' 2009 statistics, only 4 percent of Roma reported having
    attended school for at least 10 years, and 63 percent were living in
    segregated conditions, effectively cut off from mainstream society and
    municipal services.
        Romani children also continued to face social exclusion and lack of
    access to social services, in part because they accompany their parents
    who primarily work as wandering merchants or engage in selling scrap
    materials. According to the ombudsman, Roma live in ``extremely
    dangerous and unacceptable shacks'' in many areas, and government
    housing projects for indigenous Roma have been largely unsuccessful.
        In May the European Committee for Social Rights held that the
    country violated Article 16 of the European Social Charter because a
    significant number of Romani families continued to live in substandard
    conditions, while others were forcibly evicted from their housing and
    had insufficient access to the legal recourse generally available to
    non-Roma. A similar March 2009 report by the UN independent expert on
    minority issues offered the same criticism.
        There was no follow-up to the April 2008 complaint concerning
    Romani housing rights filed by the International Center for the Legal
    Protection of Human Rights and the GHM against the country with the
    European Committee of Social Rights.
        In late September 2009 the deputy ombudsman for human rights urged
    the Government to have local municipalities register Roma. Without
    registration, according to the deputy ombudsman, Roma lacked access to
    schools and other public services and faced severe challenges
    integrating socially. Media reports indicated that at least half of
    Roma were not registered with a municipality.
        In April 2008 an academic researcher reported that life expectancy
    for Roma was 55 years (compared to 79 for the rest of the population),
    and that 90 percent of Romani children were not vaccinated, with the
    rate of hepatitis B among Roma three times higher than among the rest
    of the population. He further noted that the rate of incarceration for
    Roma was seven times higher than that of the general population.
        Media and NGOs reported multiple attacks on immigrants by far-right
    extremist groups. NGOs and labor unions expressed deep concern over the
    rise in racist violence committed by far-right groups. Among the
    incidents and attacks reported were the following:
        In March a gang of mostly teenagers set fire to a house in Sparta
    (Peloponnese) where a group of Bangladeshi migrants slept; the youths
    were charged with an arsonist and racist attack. In June in the Aghios
    Panteleimonas neighborhood of Athens, right-wing extremists severely
    beat a Pakistani immigrant and subsequently in September attacked an
    activist for Doctors of the World. During the past two years, Aghios
    Panteleimonas became the focal point for racist attacks, as immigrants
    often fell victim to both physical and verbal attacks there. The
    municipality of Athens closed down a playground in the area as a result
    of clashes between migrants and right-wing extremists.
        In July a group of approximately 60 extremists attacked migrants in
    the neighborhood and vandalized migrant houses, two cafes, and a
    makeshift mosque; a Bangladeshi immigrant was injured during the
    attack. During the same month, a gang of 10 men reportedly beat four
    Afghan immigrants with clubs after breaking into their home in
    Areopoli, Peloponnese; the victims were hospitalized and later
    discharged. In mid-September in Aghios Panteleimonas, local residents
    held a protest march to the police station demanding that immigrants
    leave the neighborhood. In November members of a right-wing extremist
    group threw eggs and verbally insulted Muslims who were praying in a
    public space during a religious holiday.
        Immigrants, who made up approximately 10 percent of the total
    population of the country, also faced widespread societal
    discrimination and accused the police of physical, verbal, and other
    mistreatment. They reported the confiscation and destruction of
    personal documents, particularly during police sweeps to apprehend
    undocumented immigrants.
        In 2008 the ombudsman noted that delays in citizenship processing
    were excessive and unjustified. The ombudsman reported that the
    Ministry of the Interior and Public Order accepted few applications for
    citizenship and that many applications were pending for years, even
    when applicants met all requirements.
        During the year municipal governments in Athens established
    immigrant councils to foster dialogue on issues such as discrimination,
    social benefits for immigrants, legalization, employment, and security.
    Police officials met with representatives of the different immigrant
    communities to discuss ways to combat discrimination and incidents of
    police abuse. On December 12, the Athens Concert Hall and the Orthodox
    Archdiocese of Athens organized a religious music concert in an effort
    to ease anti-immigrant tensions in Aghios Panteleimonas. The President,
    Education and Religious Affairs Minister, and other dignitaries
    attended the event.
        A number of citizens identified themselves as Turks, Pomaks
    (Slavic-speaking Muslims), Vlachs (a Balkan minority group speaking a
    dialect of Romanian), Roma, Arvanites (Orthodox Christians who speak a
    dialect of Albanian), or Macedonians. Some members of these groups
    sought to be identified officially as ``minorities'' or ``linguistic
    minorities.'' The Government considers the 1923 Treaty of Lausanne as
    providing the exclusive definition of minorities in the country and
    defining their group rights. Accordingly, the Government recognizes
    only a ``Muslim minority.''
        Although the Government does not confer official status on any
    indigenous ethnic group, nor recognize ``ethnic minority'' or
    ``linguistic minority'' as legal terms, it affirms an individual's
    right of self-identification. However, many individuals who defined
    themselves as members of a ``minority'' found it difficult to express
    their identity freely and to maintain their culture. Use of the terms
    Tourkos and Tourkikos (``Turk'' and ``Turkish'') is prohibited in
    titles of organizations, although individuals legally may call
    themselves Tourkos. Associations with either term in their name were
    denied official recognition. To most ethnic Greeks, the words Tourkos
    and Tourkikos connote Turkish identity or loyalties, and many ethnic
    Greeks objected to their use by citizens of Turkish origin.
        Pomak leaders filed a lawsuit against the local newspaper Millet
    (published in Turkish) for libel, calling for the newspaper to pay a
    total of 157,000 euros ($224,500) in damages to three different
    claimants. In April 2010 the Appeals Court of Thrace ordered the
    newspaper editors to pay a Pomak journalist 30,000 euros ($42,900) and
    a Christian researcher on Pomak issues 60,000 euros ($85,800). The
    then-head of the ``Cultural Association of Pomaks'' in Xanthi also sued
    the same newspaper for libel and was awaiting a court date. The
    newspaper owner responded he could not afford the compensation, and
    some claimants were considering additional legal options. A local
    Muslim mayor sued the same newspaper for libel. The case was heard in
    2009 and the newspaper editor received a 15-month suspended sentence
    and was ordered to pay 4,000 euros ($5,720) compensation to the
    claimant. The editor appealed the decision and the appeal was pending.
    Thessaloniki media reported in 2008 that two editors of Millet received
    12-month suspended sentences for inciting hatred against the Pomak
    community.
        The Government did not recognize the existence of a Slavic dialect,
    called ``Macedonian'' by its speakers in the northwestern area of the
    country. However, a small number of Slavic speakers insisted on
    identifying themselves as ``Macedonian,'' a designation that generated
    strong opposition from other citizens. These individuals claimed that
    the Government pursued a policy designed to discourage the use of their
    language. Government officials and the courts denied requests by Slavic
    groups to identify themselves using the term ``Macedonian,'' stating
    that approximately 2.2 million ethnically (and linguistically) Greek
    citizens also use the term ``Macedonian'' to identify themselves.
        The UN independent expert on minority issues, in a March 2009
    report, urged the Government to withdraw from the dispute over whether
    there is a ``Macedonian'' or a ``Turkish'' ethnic minority in the
    country. He advised focusing instead on protecting the rights to self-
    identification, freedom of expression, and freedom of association of
    those communities and on complying fully with the rulings of the ECHR
    that associations should be allowed to use the words ``Macedonian'' and
    ``Turkish'' in their names and to express their ethnic identities
    freely. The independent expert found that those identifying themselves
    as ethnic Macedonians continued to report discrimination and
    harassment. Representatives of this minority claimed they were denied
    the right to freedom of association, citing unsuccessful efforts since
    1990 to register the organization ``Home of Macedonian Culture'' in
    Florina.

        Societal Abuses, Discrimination, and Acts of Violence Based on
    Sexual Orientation and Gender Identity.--According to law the age of
    consent is 15 for heterosexual sex and 17 for male homosexual sex. The
    law does not specify an age of consent for female homosexual sex. The
    NGO Homosexual and Lesbian Community of Greece (OLKE), stated that the
    higher age of consent for gays and the lack of any legal treatment of
    female-to-female sex, constituted gender identity discrimination. OLKE
    also criticized the country's laws against hate speech for not
    including sexual orientation or gender identity.
        The police provided adequate security for the annual Pride parade
    in central Athens in June; there were no reports of impediments to the
    march.
        During the year OLKE alleged that police often abused and harassed
    LGBTpersons and subjected them to arbitrary identity checks and body
    searches in public places.
        NGOs reported that societal discrimination based on sexual
    orientation was widespread but focused on gay male relationships.
    Transgender persons were exempt from military service on disability
    grounds.

        Other Societal Discrimination.--Observers indicated that
    individuals with HIV/AIDS suffered from high social exclusion and a
    loss of employment if they revealed their status.
        In February 2009 the Supreme Court ruled against an HIV-positive
    individual and in favor of his employer in a landmark HIV/AIDS
    discrimination case. The individual revealed his HIV-positive status in
    2005 and was subsequently fired. The Supreme Court ruled that the
    dismissal was legal because his HIV-positive status caused negative
    reactions from his coworkers and created a negative work environment.
    The General Confederation of Greek Workers protested the Supreme
    Court's decision, but there were no further developments. No such cases
    were reported during the year.
        Persons with HIV/AIDs were exempt from military service on medical
    grounds.
    Section 7. Worker Rights

        a. The Right of Association.--The law provides that all workers,
    with the exception of members of the military services, have the right
    to form and join independent unions of their choice without any
    previous authorization or excessive requirements, and workers exercised
    this right. Approximately 30 percent of the labor force was unionized.
    Agricultural employees, most of whom were foreigners, were not
    unionized. The law allows unions to conduct their activities without
    interference, and the Government protected this right in practice.
        The law provides for the right to strike, and workers in the
    private sector and in public corporations exercised this right in
    practice. Police have the right to organize and demonstrate but not to
    strike. There are some legal restrictions on strikes, including a
    mandatory notice period of four days for public utility workers and 24
    hours for workers in the private sector. The law mandates minimum staff
    levels (as determined by management) during strikes affecting public
    services. Courts may declare a strike illegal; however, such decisions
    were seldom enforced. Unions complained that this judicial power
    deterred some of their members from participating in strikes. Courts
    declared some strikes (of transportation workers, air traffic
    controllers, garbage collectors, dock workers, and others) illegal
    during the year for reasons such as a failure by the union to give
    adequate advance notice of the strike or the introduction of new
    demands by a union during the course of the strike, but no workers were
    prosecuted for striking. Numerous strikes took place during the year
    involving private and public sector employees, public utility
    employees, truck drivers, and garbage collectors. There were no
    apparent government impediments to the right to strike.
        In 2008 unknown persons attacked Constantina Kuneva, secretary of
    the All Attica Union of Cleaners and Domestic Workers. The perpetrators
    threw sulfuric acid in her face and forced her to swallow it. Unions
    believed that the attack was a result of Kuneva's union activism and
    her advocacy on behalf of migrant workers. The perpetrators were not
    found and the judicial and police investigation was terminated in June.

        b. The Right to Organize and Bargain Collectively.--The law
    generally provides for the right to bargain collectively and unions
    exercised this right freely. No antiunion discrimination was reported
    during the year. All workers in Greece are covered by collective
    bargaining agreements except for security and armed forces personnel,
    whose salaries are unilaterally determined by the state. Civil servants
    negotiate and conclude collective agreements with the Government on all
    issues except for salaries, for which the Government has a
    constitutionally provided prerogative. In December the Government
    passed new legislation to implement the EU-IMF austerity plan that
    allows workplace-level agreements to take precedence over sector-level
    agreements. The legislation imposes a salary cap for employees of
    public enterprises as well as a 10 percent salary cut for salaries
    reaching a certain limit. The unions argued that the reforms would
    weaken nationwide sectoral unions and diminish workers' bargaining
    strength.
        There are three export processing zones in the country. 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
    all forced or compulsory labor, including by children; however, women,
    children, and men were trafficked for commercial sexual exploitation or
    for labor exploitation in agricultural and construction sectors. For
    more information on forced labor, please see the Department of State's
    annual Trafficking in Persons Report at www.state.gov/g/tip.

        d. Prohibition of Child Labor and Minimum Age for Employment.--The
    law protects children from exploitation in the workplace and prohibits
    forced or compulsory labor; however, the Government did not adequately
    protect children, primarily Roma, who were trafficked for commercial
    sexual exploitation, or for begging, pick-pocketing or selling
    merchandise on the street.
        The minimum age for employment in the industrial sector is 15, with
    higher limits for some activities. The minimum age is 12 in family
    businesses, theaters, and the cinema. These limits were enforced by
    occasional spot checks by the Labor Inspectorate and were generally
    observed. Families who engaged in agriculture, food service, and
    merchandising were often assisted by younger family members on at least
    a part-time basis.
        Child labor was a problem, although international and local
    observers agreed that the number of working children had decreased
    compared with previous years. A number of children begged or sold small
    items in the streets. The Government and NGOs reported that the
    majority of beggars were either indigenous Roma or Albanian Roma. Local
    advocates for children estimated that a large number of the 150,000
    children under the age of 18 who dropped out of school each year ended
    up in the labor market, often in poorly paid and arduous positions.
    Jobs for dropouts included washing cars, pumping gas, construction, and
    low-level service sector employment.
        In 2008 Human Rights Watch reported that unaccompanied immigrant
    children, working mainly in the agriculture, construction, and garment
    manufacturing sectors, were particularly vulnerable to labor
    exploitation. The situation remained largely unchanged during the year.
        There were reports that children from Albania were trafficked and
    forced to beg, although this practice was reportedly less frequent
    during the year. Some parents forced their children to beg for money or
    used their children to elicit sympathy while the parents begged for
    money.
        The Labor Inspectorate is responsible for enforcing labor
    legislation; however, trade unions alleged that enforcement was
    inadequate due to Labor Inspectorate understaffing.

        e. Acceptable Conditions of Work.--The national minimum wage of 33
    euros ($47) per day and 740 euros ($1,060) per month was not enough to
    provide a decent standard of living for a worker and family in urban
    areas with higher living costs. Wages were officially the same for
    local and foreign workers, but there were numerous reports of
    exploitation of documented, and particularly of undocumented foreign
    workers, by employers who paid low wages and made no social security
    contributions. Workers in the shadow economy, estimated to comprise
    approximately 25 percent of GDP, usually received less than the minimum
    wage and had no social security coverage. The Labor Inspectorate
    estimated in September that more than 35 percent of migrants were
    getting salaries below the minimum and did not have social security
    coverage. Legislation passed during the year allows employers to pay
    workers under the age of 25 wages amounting to 84 percent of the
    national minimum wage.
        The maximum legal workweek is 40 hours in the private sector and
    37.5 hours in the public sector. The law provides for at least one 24-
    hour rest period per week, mandates paid vacation of one month per
    year, and sets limits on the amount of overtime worked. Premium pay and
    authorization by the Ministry of Employment and Social Security is
    required by law for overtime work. The Labor Inspectorate is
    responsible for enforcement of labor legislation; however, trade unions
    alleged that enforcement was inadequate, especially in the construction
    and public works sectors, due to insufficient inspectorate staffing.
        The law provides for minimum standards of occupational health and
    safety. The General Confederation of Greek Workers characterized health
    and safety laws as satisfactory but stated that enforcement by the
    Labor Inspectorate was inadequate. Workers do not have the legal right
    to remove themselves from situations that they believe endanger their
    health; however, they have the right to lodge a confidential complaint
    with the Labor Inspectorate. Inspectors can close machinery or a
    process for up to five days if they see safety or health hazards that
    they believe represent an imminent danger to workers.

                                   __________

                                    HUNGARY

        Hungary is a republic with a population of approximately 10 million
    and a multiparty parliamentary democracy. Legislative authority is
    vested in the unicameral parliament (National Assembly). The National
    Assembly elects the head of state, the president, every five years. The
    president appoints a prime minister from the majority party or
    coalition. The National Assembly elections on April 11 and 25 were
    assessed as free and fair, with the conservative Fidesz-Christian
    Democrat (KDNP) coalition winning enough seats in the second round to
    achieve a two-thirds majority. Fidesz's prime ministerial candidate,
    Viktor Orban, took office on May 29. Security forces reported to
    civilian authorities.
        Human rights problems included police use of excessive force
    against suspects, particularly Roma; new restrictions on due process;
    new laws that expanded restrictions on speech and the types of media
    subject to government regulation; government corruption; societal
    violence against women and children; sexual harassment of women; and
    trafficking in persons. Other problems continued, including extremist
    violence and harsh rhetoric against ethnic and religious minority
    groups and discrimination against Roma in education, housing,
    employment, and access to social services.
                            respect for human rights
    Section 1. Respect for the Integrity of the Person, Including Freedom
            From:

        a. Arbitrary or Unlawful Deprivation of Life.--There were no
    reports that the Government or its agents committed arbitrary or
    unlawful killings during the year.
        In December 2009 the Somogy County Military Prosecutor's Office
    pressed charges against 10 prison guards at the Kaposvar prison for
    causing the death of a pretrial detainee and physically assaulting nine
    other inmates in February 2009. Authorities fired three of the 10 and
    suspended three others in April; one retired, and three remained in
    office. The case was active at the Gyor-Moson-Sopron County Court at
    year's end.
        On September 3, the Budapest Prosecutor's Office charged a police
    officer with using his service weapon to kill a man during a December
    2009 robbery. The officer was suspended in December 2009, and the
    Budapest Investigative Prosecutors' Office indicted him in the
    Metropolitan Court on September 1. The case remained pending at year's
    end.
        During the year the Office of the Prosecutor continued its
    investigation of Sandor Kepiro, who was convicted by Hungarian courts
    in 1944 and 1946 for his role in the January 1942 Novi Sad massacre in
    Serbia, in which more than 1,200 persons were killed, most of them
    Jews. His punishment was never carried out. In 2006 the Simon
    Wiesenthal Center discovered that Kepiro was living in Budapest, and in
    2007 the Prosecutor's Office opened a new case against him. (A court
    ruled that the records related to the previous verdict had been lost,
    and thus the sentence could not be carried out.) On December 16, the
    Pest Central District Court dismissed a countersuit by Kepiro. The
    Jerusalem office of the Wiesenthal Center continued to criticize the
    country for failing to bring Kepiro to justice.

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

        c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
    Punishment.--The constitution and law prohibit such practices; however,
    the Hungarian Civil Liberties Union (HCLU) reported that police often
    verbally and physically abused suspects of Roma origin in certain areas
    of the country, most frequently in the northeastern Borsod-Abauj-
    Zemplen County.
        On June 8, the Council of Europe's Committee for the Prevention of
    Torture (CPT) released the report on its March-April 2009 visit to the
    country. In its report the CPT delegation stated it received complaints
    from a few recent police detainees of excessive use of force (i.e.,
    kicks, punches) at the time of apprehension and tight handcuffing
    during transport.
        On March 8, the Budapest Metropolitan Court acquitted five police
    officers of raping a woman in 2007. The court cited questionable
    elements of the woman's story and determined that no crime had been
    committed. The woman appealed the verdict. No further information was
    available at year's end.
        In December 2009 the prosecutor's office in Eger opened an
    investigation into an allegation by a Romani man that five police
    officers assaulted him. The case remained pending at year's end.
        Between 2006 and 2009, authorities conducted 203 criminal
    investigations of police misconduct in connection with large
    antigovernment demonstrations and riots in Budapest and other major
    cities in 2006. Prosecutors terminated their investigations in 171
    cases, mainly because they could not identify individual perpetrators;
    courts rejected the charges in eight cases; and the prosecutor pressed
    charges in 20 cases. Courts found the defendants guilty of causing
    bodily harm in 10 of these cases; the verdicts were not subject to
    appeal. Of the other cases, three remained under investigation, and
    three were transferred to the military prosecutor's office for action.
        On May 20, the National Assembly created a subcommittee of its
    Human Rights Committee charged with investigating crimes that may have
    been committed by state officials between 2002 and 2010, particularly
    during the 2006 antigovernment demonstrations. Former National Police
    Chief Laszlo Bene admitted to the subcommittee that police had made
    mistakes in their handling of the 2006 riots. On October 20, the full
    Human Rights Committee approved the subcommittee's final report. The
    report concluded that, ``between 2002 and 2010 the Government
    repeatedly took illegal actions against those exercising their
    political freedoms, banned a series of events of which police had been
    properly notified, and failed to distinguish between the peaceful
    exercise of fundamental rights and illegal forms of expression.''
    Describing the events occurring in the autumn of 2006 as the
    ``culmination of this trend,'' the report criticized the Governments of
    the period for failing to adopt policies that would permit dissent but
    keep it within lawful bounds and failing to promote police
    accountability by, for example, not requiring officers involved in
    crowd dispersion to wear identification numbers.
        On November 2, subcommittee chairman Gergely Gulyas filed his
    report with Prosecutor General Tamas Kovacs thereby initiating an
    investigation into three aspects of police behavior related to the 2006
    events: the lack of disciplinary action against the Budapest police
    chief, the absence of identification badges on police uniforms, and the
    failure of the police to protect Hungarian National Television
    employees when protestors entered their office building. The
    investigations remained pending at the end of the year.
        On September 13, the Government ordered the Ministry of Interior
    and the Ministry of the National Economy to settle all registered and
    established requests for monetary compensation related to unlawful
    police actions during the 2006 demonstrations. As of October 22, the
    Government had paid a total of 175,472,000 forint ($831,620) to 73
    persons of the 101 whose claims it accepted as valid.
        On September 21, the Supreme Court reversed an earlier decision and
    ruled that the police action to break up an anti-government
    demonstration in front of parliament in 2006 was illegal.

        Prison and Detention Center Conditions.--Prison and detention
    center conditions fell short of international standards in some areas.
    The Government permitted visits by independent human rights observers.
        Human rights nongovernmental organizations (NGOs) and prison
    monitors repeatedly expressed concern about prison overcrowding. For
    example, in its June 8 report, the CPT reported observing severe
    overcrowding at the Borsod-Abauj-Zemplen Prison in almost all cells,
    with up to four prisoners in cells of eight square meters (86 square
    feet), 10 to 14 prisoners in cells of 25 square meters (269 square
    feet), and up to 14 prisoners in cells of 32 square meters (344 square
    feet).
        According to the Hungarian Helsinki Committee (HHC), prison
    overcrowding increased during the year. Shortages of bed linens,
    towels, and clothing, and inadequate medical care remained problems.
    Sanitation and toilet facilities were also poor in some instances. In
    some prisons, toilets were not separate from living spaces. Many police
    holding cells did not have toilets and running water; lighting and
    ventilation were often inadequate.
        In its June 8 report, the CPT indicated that it received several
    credible accounts, supported by medical evidence, of staff mistreating
    prisoners (by punches and kicks) at the Miskolc Prison and allegations
    of mistreatment (by slaps, punches, and kicks) of prisoners at the
    Tiszalok Prison. At the Tiszalok Prison the CPT heard one allegation
    involving the unacceptable use of handcuffs (fixed behind a prisoner's
    back and raised to inflict pain) that could be considered assault.
        On November 18, a military court found a guard at the Budapest
    Maximum and Medium Security Prison guilty of mistreating an inmate in
    June 2009. The court sentenced the defendant to one year in prison but
    agreed to three years' probation in lieu of the prison sentence. Both
    prosecution and defense appealed the verdict. According to the HHC, the
    same inmate alleged that following the verdict, a prison guard in the
    Metropolitan Penitentiary Institution mistreated him while referring to
    the conviction of his colleague. The appeals of the original case and
    an investigation into the allegations of mistreatment by a second guard
    were pending at year's end.
        On May 7, the Metropolitan Court of Appeals upheld the conviction
    of two prison guards of physical abuse in an official capacity when
    they attacked an inmate in the Miskolc Prison in 2008. The court
    sentenced one guard to eight months' imprisonment, suspended him for
    two years, and demoted him in rank for one year. It fined the second
    guard 87,500 forint ($414).
        Both the HHC and the CPT noted that detainees who alleged physical
    mistreatment were usually examined only by internal medical staff.
    Further, on May 27, the national police chief ordered that medical
    examinations could be conducted in the absence of law enforcement staff
    only at the request of the detainee or the doctor, and only if
    permitted by the senior guard supervisor.
        According to the June 8 CPT report, conditions at police holding
    facilities were generally adequate; however, the committee noted that
    one prisoner in detention at the time of the visit was subjected to
    degrading treatment. He was in the Budapest police central holding
    facility in a high security ``cell'' that consisted of a barred area
    within a single cell. Both the detainee and his sanitary facilities
    were subjected to powerful round-the-clock spotlights and video
    surveillance. In May 2009 authorities reportedly installed infrared
    cameras so the spotlights could be turned off at night. However, the
    CPT noted that the unscreened sanitary facilities remained in the field
    of vision of video surveillance cameras and in full view of supervising
    staff.
        According to authorities, seven inmates had committed suicide as of
    October 19. In each case, a mandatory investigation cleared prison
    guards and other prisoners of any responsibility for the deaths.
        On March 19, a man committed suicide in his cell at the Central
    Police Holding Facility of the Budapest Police Headquarters one day
    after his arrest. The deceased's sister noticed injuries on her
    brother's body and face. On March 22, the Budapest Police Headquarters
    launched its mandatory investigation. Simultaneously, the Budapest
    Investigative Prosecutor's Office opened its own investigation into the
    alleged mistreatment. Neither investigation was completed by year's
    end.
        On March 29, a 22-year-old woman committed suicide in the central
    holding facility of the Budapest police headquarters. Authorities
    placed the woman, a registered heroin user, in a cell alone, although
    she had declared that she would rather die than go to prison. On July
    12, the HHC appealed the results of the National Police Headquarters'
    mandatory investigation that cleared prison guards of responsibility.
    On August 11, the police revoked their initial decision and reopened
    the case, which was pending at the end of the year.
        According to the Hungarian Prison Service, the prison population
    increased to 132 percent of capacity as of December 31, compared with
    129 percent in 2009. On December 31, 16,366 inmates were in prisons and
    detention centers. On July 19, the Government reopened the prison in
    Solt to reduce overcrowding, increasing the capacity of the system by
    288.
        During the year human rights NGOs did not report any cases of
    juveniles being held together with adults.
        The law provides prisoners with a minimum of one 30-minute visit
    per month. In practice, prison wardens decide the maximum length of
    visiting time, which at most facilities is one hour. The law allowed
    detainees phone calls in accordance with the technical capacity of the
    individual penitentiary. The HHC reported that phone calls are
    available in every institution, but their permitted length varies
    significantly.
        Authorities permitted prisoners and detainees to submit complaints
    to judicial authorities without censorship and to request investigation
    of alleged inhumane conditions. Human rights NGOs did not report any
    complaints about censorship.
        City and county prosecutors, under the supervision of the
    prosecutor general, are primarily responsible for overseeing the
    lawfulness of the deprivation of liberty as well as investigating
    credible allegations of inhumane conditions. The prosecutor general
    regularly monitored prison and detention center conditions. These
    reports are not available to the public; however, the Office of the
    Prosecutor General provides reports upon specific request. The
    parliamentary commissioner (or ombudsman) for civil rights Mate Szabo
    visited seven prisons during the year and published five reports on his
    office's Web site. The ombudsman is not authorized to act on behalf of
    prisoners.
        The HHC reported that it conducted one visit to a prison and met
    with prisoners without the presence of prison officials.
        NGOs reported that prisoners and detainees were permitted religious
    observance. The HHC argued that the one-hour monthly limit on visits
    could not be regarded as reasonable access to visitors, especially in
    the case of pretrial detainees.

        d. Arbitrary Arrest or Detention.--The constitution and law
    prohibit arbitrary arrest and detention, and the Government generally
    observed these prohibitions. According to the Prosecutor General's
    Office, in 2009 there were 65 official complaints of arbitrary
    detention. The Office of the Prosecutor General rejected 22 complaints
    and initiated indictments in three cases.

        Role of the Police and Security Apparatus.--The National Police
    Headquarters (NPH), which operates under the direction of the Ministry
    of Interior, is responsible for enforcing laws and maintaining order
    nationwide. Twenty regional police departments are directly subordinate
    to the NPH; city police are subordinate to the regional police and have
    local jurisdiction.
        On September 1, the Government opened a Counterterrorism Center in
    Budapest. The new center is directly subordinate to the minister of
    interior and is responsible for protecting the prime minister and the
    president and for preventing and investigating terrorist acts including
    kidnapping and hijacking.
        The Hungarian Defense Force is subordinate to the Ministry of
    Defense and is responsible for external security as well as aspects of
    domestic security and disaster response.
        The Office of the Military Prosecutor is responsible for conducting
    proceedings involving any member of the armed forces charged with a
    criminal offense, such as the abuse of official power, the
    mistreatment, unlawful detention, or forced interrogation..
        Penalties for police officers found guilty of wrongdoing include
    reprimand, dismissal, and criminal prosecution. A legislative amendment
    that took effect on March 24 mandates the automatic dismissal of police
    officers convicted of criminal acts committed while on duty.
        Victims of lesser police abuses may complain either to the alleged
    violator's unit or to the Independent Police Complaints Board (IPCB).
        In the first 10 months of the year, authorities found 2,914 police
    officers responsible for breaches of discipline, 868 guilty of petty
    offenses, 310 guilty of criminal offenses, and eight unfit for duty.
        In the same period, courts sentenced seven police officers to
    prison terms, gave suspended sentences to 25, fined 315, demoted four,
    and dismissed 11. In the same period courts convicted 32 officers of
    corruption. No information was available on the number placed on
    probation.
        The IPCB, established in 2008, investigated violations and
    omissions by the police that affected fundamental rights. The five-
    member body, appointed by a two-thirds majority of the National
    Assembly, functions independently of police authorities. As of December
    8, the board had received 285 complaints from the public. It reviewed
    501 (including some cases filed in 2009) and found legal violations in
    157. The board forwarded the 157 cases to the national police chief,
    who agreed with the findings in one case, partially accepted the
    findings in 27, and rejected the remainder. The IPCB's authority is
    limited to making recommendations to the NPH and reporting its findings
    to Parliament.

        Arrest Procedures and Treatment While in Detention.--Persons may be
    subject to ``short-term arrest'' if they are caught committing a crime,
    are suspected of having committed a crime, are the subject of an arrest
    warrant, or are unable or unwilling to identify themselves. Individuals
    who cannot prove their identity with identification documents may be
    charged with a petty offense. Generally, short-term arrests may last up
    to eight hours, but could last up to 12 hours in exceptional cases.
    Police may detain suspects whom they consider security threats for 24
    hours, and police and the prosecutor's office may order the 72-hour
    detention of suspects caught in the act when their identities cannot be
    established or if the conditions for pretrial detention exist. If the
    court does not order pretrial detention within 72 hours, police must
    release the person.
        On July 22, the National Assembly amended the law effective August
    19, making petty offenses against property (including petty theft)
    punishable by imprisonment. The amendment at the same time abolished
    the prohibition against incarcerating juveniles, but did not alter the
    provision that if the juvenile does not have an income or property, he
    or she cannot be fined by way of punishment. Alternative sanctions such
    as community service or mediation also do not apply in such cases.
    Human rights NGOs were concerned that the changes leave no alternative
    to incarceration for juveniles convicted of minor offenses. Human
    rights NGOs also maintained that convicted juveniles, even if confined
    in the same prisons as adults, should be held in separate quarters. On
    July 22, the National Assembly adopted regulations giving additional
    rights to certain judicial secretaries (law school graduates employed
    by the judiciary who have taken the bar examination but have not been
    appointed as attorneys by the president), such as the right to make
    decisions in petty offense cases. Human rights NGOs strongly criticized
    this provision, arguing that judicial secretaries are not independent
    because they are appointed by the head of the respective county court.
        Police must inform suspects of the charges against them and of the
    section of the criminal code under which they are charged at the
    beginning of their first interrogation, which must be within 24 hours
    of their detention. The authorities generally respected this right.
        There is a functioning bail system.
        According to the Hungarian Penitentiary Service, on December 31,
    4,844 persons were in pretrial detention. Of these, 1,083 had been
    detained for six months to a year, and 679 had been detained for more
    than a year.
        According to the law, police must inform suspects of their right to
    counsel before questioning them. However, in its June 8 report, the CPT
    noted that the majority of persons interviewed during its 2009 visit
    stated that they had not been allowed to contact a lawyer while in the
    status of ``apprehended'' persons (i.e. during their initial 12 hours
    in police custody). Representation by defense counsel is mandatory when
    defendants are deaf, blind, or suffering from a mental disorder; are
    unfamiliar with the Hungarian language; are unable to defend themselves
    in person for any other reason; are juveniles; or are indigent and
    request the appointment of a defense counsel. When defense counsel is
    required, defendants have three days to hire an attorney; otherwise,
    the police or the prosecutor will appoint one. If defendants make clear
    their unwillingness to retain counsel, the police or the prosecutor is
    required to appoint counsel immediately. However, the police or
    prosecutor is not obligated to wait for counsel to arrive before
    interrogating the suspect. According to human rights NGOs, police
    routinely proceeded with the interrogation immediately after notifying
    a suspect of his right to counsel.
        The law permits detainees to notify relatives or others of their
    detention unless the notification would jeopardize the investigation.
    If the detainee cannot exercise this right, police must make a
    notification of where the individual has been detained within 24 hours.
    However, the IPCB as well as NGOs reported that in practice police did
    not fully comply with this requirement.
        Under the law persons who are detained and later acquitted may
    receive monetary compensation.
        According to NGO reports, Roma were detained and subjected to
    racial profiling more frequently than non-Roma. Research conducted in
    2008 by the HHC with data from the HNP and the National Police College
    indicated that Roma were three times more likely to be stopped for
    identification checks than non-Roma. However, the same data also
    indicated that Roma are no more likely to be involved in unlawful
    activities than non-Roma.
        As of year's end, there was no further information about the
    Tatabanya Municipal Court's March 2009 detention order for an 83-year-
    old woman who was ill in the hospital. The order allegedly violated a
    2007 Constitutional Court ruling that the accused must be present in
    court when pretrial detention is ordered.

        Amnesty.--President Laszlo Solyom issued 20 official pardons during
    the year. President Pal Schmitt, who succeeded Solyom on August 6,
    issued three.

        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 National Assembly's subcommittee in charge of investigating
    legal violations committed by state officials in Budapest during the
    2006 demonstrations criticized judges for giving jail sentences to 150
    persons, 90 of whom later successfully appealed their sentences. The
    committee also summoned judges who were involved in these decisions for
    questioning. On September 19, Supreme Court Chief Justice Andras Baka
    stated that it was intolerable for a parliamentary investigative
    committee to review specific rulings and hold judges personally
    responsible, because this could restrict the legal system's
    independence.

        Trial Procedures.--The constitution and law provide for the right
    to a fair trial, and an independent judiciary generally enforced this
    right. The law extends these rights to all defendants.
        Defendants are presumed innocent until proven guilty. There is no
    jury system; verdicts are rendered by judges. Judicial proceedings
    generally are investigative rather than adversarial. Trials are
    generally public, but the judge can prohibit or restrict public access
    to a trial to ensure participant privacy or trial safety. Depending
    upon space available in the courtroom, a judge may limit public access
    to preregistered visitors. The prosecutor, victim, defendant, and
    defense counsel may also request that public access to proceedings be
    restricted to protect minors younger than 14, witnesses, or state or
    business secrets. The court must publically announce the final decision
    of every case.
        The HCLU repeatedly raised concerns about the lack of clear
    guidance on the recording of ongoing trials and the courts' practice of
    occasionally restricting cameras in the courtroom during public
    proceedings.
        Defendants have the right to be present and are entitled to consult
    with an attorney during all phases of criminal proceedings.
        Representation by defense counsel is mandatory for defendants
    facing a charge for which the punishment is five years or more in
    prison, as well as for those in detention. If the defendant fails to
    retain counsel within three days the police or the prosecutor will
    appoint one at public expense.
        Defendants may challenge or question witnesses and may present
    witnesses and evidence on their own behalf. Defendants have access to
    government-held evidence relevant to their cases. Defendants have the
    right of appeal.

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

        Regional Human Rights Court Decisions.--During the year the
    European Court of Human Rights (ECHR) ruled on 10 cases lodged by
    citizens against the state. Six involved complaints that domestic court
    proceedings exceeded the ``reasonable time'' requirement of the
    European Convention on Human Rights. In all six cases, the ECHR ruled
    in favor of the plaintiffs and ordered the state to pay between 2,300
    and 14,500 euros ($3,060 and $19,300).
        On May 20, the ECHR issued a decision favoring a plaintiff who
    challenged the decision of the authorities denying him the right to
    vote because he was under partial guardianship for manic depression, a
    condition the constitution envisages as a possible basis for
    deprivation of the franchise. However, the ECHR concluded that the
    indiscriminate removal of voting rights (without an individual judicial
    evaluation and based solely on a mental disability necessitating
    partial guardianship) violated the convention and awarded the plaintiff
    3,000 euros ($4,000).
        Also on May 20, the ECHR ruled in favor of a plaintiff who claimed
    he was mistreated due to his physical disability while serving a prison
    sentence at Szeged Prison in 2005-06. The court awarded him 12,000
    euros ($16,000).
        On July 6, the ECHR ruled that a police search of the office of a
    lawyer violated her right under the convention to respect for one's
    ``home.'' The ECHR awarded her 3,000 euros ($4,000).
        On December 14, the ECHR ruled in favor of a pregnant woman who
    accused the state of violating her right to privacy under the
    convention by threatening to punish midwives, thus effectively
    preventing her from choosing to give birth at home. The court decided
    that the violation resulted from the failure of the state to regulate
    the issue.

        Civil Judicial Procedures and Remedies.--There is an independent
    and impartial judiciary in civil matters. Under the law persons may
    seek damages for human rights violations; however, fines levied in such
    cases are payable to the state and not the victim. Generally, the fines
    were too small to deter violators.
        On November 16, the National Assembly passed a constitutional
    amendment depriving the Constitutional Court of the authority to
    express an opinion or pass a ruling on central budget, tax, or social
    contributions issues, except in cases affecting certain fundamental
    rights, such as the rights to life and human dignity; the protection of
    personal data; freedom of thought, conscience, and religion; and rights
    linked to Hungarian citizenship. However, the sanctity of ownership of
    property was not included among the fundamental rights. On the same
    day, Fidesz resubmitted legislation imposing a retroactive 98 percent
    tax on large public sector severance packages, which the Court had
    declared unconstitutional in October, before the constitutional
    amendment removed such fiscal matters from its purview. Opposition
    parties and human rights NGOs strongly criticized the amendment for
    weakening the system of checks and balances, and thus the rule of law,
    and removing any consequences for violations of some areas of the
    constitution. Transparency International and other human rights groups
    vowed to appeal to the secretary general of the Council of Europe.
        On October 27, Chief Judge of the Metropolitan Court Laszlo Gatter
    resigned from his post effective December 31, to protest the
    Government's decision to restrict the jurisdiction of the
    Constitutional Court.

        Property Restitution.--The Government continued to facilitate the
    restitution of religious properties confiscated by the state during the
    communist era and sought to ensure that all religious organizations had
    an equal opportunity to regain control over their former property.
        The Constantinople Patriarchy Hungarian Exarchy (the Hungarian
    branch of the Greek Orthodox Church) continued to demand the
    restitution of property that the Russian Orthodox Community has
    occupied since the 1950s. When Hungarian courts dismissed the Greek
    Orthodox community's claim to the property, the community turned to the
    ECHR. The case was pending at year's end.

        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. The independent media were active
    and expressed a wide variety of views. However, laws enacted during the
    year broadened the range of views whose expression was illegal to
    include public denial, doubt about, or minimizing the Holocaust,
    genocide and other crimes of the National Socialist and Communist
    regimes. Laws passed in July, November, and December concentrated
    authority over the media in a single government body with wide-ranging
    authorities.
        Individuals generally could criticize the Government in public or
    private without reprisal; however, individuals could be held liable for
    their published statements or for publicizing libelous statements made
    by others. Journalists reporting on an event could be judged criminally
    responsible for making or reporting false statements. Officials
    continued to use the libel laws to claim compensation for perceived
    injuries to their character.
        The criminal code includes provisions against incitement of hatred
    and hate-inspired violence. Any person who publicly incites hatred
    against any national, ethnic, or racial group or certain other groups
    of the population is guilty of a misdemeanor punishable by imprisonment
    for up to three years. In addition, any person who verbally assaults
    someone because of his membership in a national, ethnic, racial, or
    religious group is guilty of a felony punishable by imprisonment for up
    to five years. NGOs criticized courts for failing to convict persons
    for inciting hatred unless the crime was accompanied by a physical
    assault.
        On February 22, the National Assembly amended the criminal code to
    criminalize Holocaust denial. According to the new provision, anyone
    who denied the Holocaust or diminished its significance could be
    imprisoned for up to three years. On June 8, the National Assembly
    amended the law to remove specific reference to the Holocaust and to
    broaden its scope to cover public denial, expression of doubt, or the
    minimization of genocide or other acts against mankind committed by
    either National Socialist or Communist regimes. The law provides that
    such crimes carry a maximum sentence of three years in prison. On
    September 27, the HCLU filed a petition with the Constitutional Court
    to overturn the law, arguing that it imposes serious restrictions on
    freedom of speech. The case remained pending at year's end.
        The law prohibits the public display of certain symbols. They
    include the swastika, the hammer and sickle, and the arrow cross, a
    symbol associated with the country's fascist World War II-era
    government. The law prohibiting the public display of the five-pointed
    red star remained in effect despite a 2008 ECHR ruling that declared it
    to be a violation of the right to freedom of expression.
        On August 3, a member of the far-right Jobbik faction in
    parliament, Gyula Gyorgy Zagyva, allegedly harassed and threatened two
    journalists of the weekly paper Hetek during the Magyar Sziget music
    festival in Veroce. Reportedly, Zagyva, while brandishing a whip, told
    the journalists ``you should be glad that you were not beaten up.'' He
    reportedly also said it was a sign of ``Jewish arrogance'' that the
    journalists turned on their Dictaphone and that he wanted to ``stamp
    out their guts.'' Zagyva denied the reports. The Vac Municipal
    Prosecutor's Office ordered an inquiry, and the case remained pending
    at year's end.
        On January 19, the Supreme Court ruled that former national media
    watchdog, the National Television and Radio Commission (ORTT) violated
    the law in awarding licenses for the only two frequencies that
    broadcast countrywide. ORTT's decision to reject the bids of existing
    radio networks Slager and Danubius to renew their licenses for another
    seven years triggered strong criticism both domestically and
    internationally. On July 14, an arbitration board upheld the Supreme
    Court decision. Despite the court decision, ORTT and its successor, the
    National Media and Infocommunication Authority (NMHH), failed to
    terminate contracts with the winning bidders.
        On July 22, November 2, and December 21, the National Assembly
    adopted a series of laws governing media regulation, most of which were
    scheduled to enter into force on January 1, 2011. However, the law
    specifies that the Media Council may initiate proceedings against the
    providers of on-demand media services or print products only after July
    1, 2011.
        The July 22 law created the NMHH by merging the ORTT and the
    National Telecommunication Authority. The NMHH is a central government
    agency subordinated to the parliament that ``contributes to the
    execution of the Government's policy in the area of frequency
    management and telecommunications.'' The prime minister appoints the
    president of the NMHH for a nine-year term with no limit on reelection.
    The president then serves as chair of the five-member Media Council
    that parliament appoints to supervise electronic media content. The
    four additional council members are elected to nine-year terms by a
    two-thirds majority vote of members of parliament (MPs) in attendance.
        The July 22 law also transformed the public service broadcasting
    system. It converted the state-owned radio broadcaster, Hungarian
    Radio, the public television companies, MTV and Duna Television, and
    the Hungarian News Agency (MTI), into closed, not-for-profit,
    shareholder companies. The ownership and supervisory levels, as well as
    the real assets (high-end real estate, archives, and production units),
    of these companies were merged under the newly established Public
    Service Foundation. The foundation is managed by an eight-member Board
    of Trustees, six of whom are elected by a two-thirds majority vote of
    MPs in attendance, while the chair and one other member are delegated
    by the Media Council. All members serve nine-year terms. On September
    9, the opposition Hungarian Socialist Party filed a complaint with the
    Constitutional Court against the new media law, arguing that its
    sections on the supervisory structure and financing are
    unconstitutional. Later in September, the green party LMP together with
    Jobbik also challenged the media law at the Constitutional Court. The
    cases remained pending at year's end.
        These substantial legislative changes in media regulations
    generated strong criticism from national and international human rights
    organizations concerning the new framework for media regulation and
    supervision. On September 7, the Organization for Security and
    Cooperation in Europe (OSCE) released a report by Dr. Karol Jakubowicz,
    commissioned by the Office of the OSCE Representative on Freedom of the
    Media, which found that the legislation introduces ``stricter
    regulation, more pervasive controls and limitations on freedom of
    expression.'' The OSCE report also expressed concern that the head of
    the Media Council will be a political appointee and that the selection
    method for the Public Service Foundation's board of trustees will lead
    to a politicized public service broadcasting system.
        Legislation passed on November 2 focused on content regulation and
    set standards for journalistic rights, ethics, and norms. It applied to
    all media, including news portals and on-line publications. Under the
    law, all citizens are entitled to be appropriately informed about
    local, national, and European public affairs, as well as other ``events
    bearing relevance'' for Hungarians. The law prohibits inciting hatred
    against persons, nations, communities, ethnic, linguistic or other
    minorities, majority groups, churches, or religious groups. The
    legislation provides exceptions to journalists' right to source
    protection in cases when unauthorised sources reveal classified
    information, and when courts or government authorities rule that such
    disclosure is ``in the interest of protecting national security and
    public order, or uncovering or preventing criminal acts.''
        The bill passed on December 21 gave the Media Council the authority
    to impose fines for violations of content regulation, including media
    services that violated prohibitions on inciting hatred or violating
    human dignity, or regulations governing the protection of minors,
    public health, public security, national security and consumers and
    investors. The council may impose fines for violations ranging from 10
    to 200 million forint ($47,000 to $948,000), depending on the type of
    publication and audience size. It may fine individual editors 2 million
    forint ($9,500). The council can also suspend media outlets' right to
    broadcast for up to a week. The council is also empowered to render
    ``reprimanding judgments'' in cases of content that it considers
    ``unbalanced.'' The council contended that media outlets would not have
    to pay the fines until any court proceedings have been completed.
    According to the law, decisions of the Media Council may be challenged
    in court by lodging a petition against the council, and the court may
    be requested to suspend the decision until the court challenge has been
    resolved. The postponement is not automatic according to the law;
    however, the Media Council argued that in practice the court would
    automatically defer the sanction. On December 22, the OSCE
    representative for press freedom expressed concern that the changes to
    the media law ``harm media freedom.''
        On December 21, the host and the editor of a public radio program
    were suspended from their duties by the radio's management after the
    host held a minute of silence protesting the passage of the media law.
    An internal investigation into their protest was ongoing at the station
    at year's end.
        The HCLU raised concerns that new media regulations merged the
    supervisory boards of all state-owned Public Service Broadcasting
    entities, including the state news agency, into a single foundation,
    and also placed their finances and assets under the control of the
    newly created Media Council. The HCLU also noted that all media,
    including television, radio, and Internet, are grouped under the same
    regulations despite wide variation in their uses. On December 24,
    European Commissioner for Media Affairs Neelie Kroes sent a letter to
    Deputy Prime Minister Tibor Navracsics requesting the full text of the
    act in order to assess whether it is in harmony with EU regulations on
    media freedom.

        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 International Telecommunication Union, in 2009
    approximately 63 percent of the country's inhabitants used the
    Internet.
        However, European Commissioner Kroes, NGOs, and the foreign press
    raised concerns that provisions of the new media laws requiring
    balanced reporting and registration of media outlets lacked clear
    limits and could be interpreted to include blogs. The Government and
    the NMHH argued that, in practice, blogs would be exempt from these
    requirements on the basis that they are not considered ``business
    endeavors.''
        There were no reports that the Government attempted to collect the
    personally identifiable information of a person in connection with that
    person's peaceful expression of political, religious, or ideological
    opinion or beliefs.

        Academic Freedom and Cultural Events.--On November 17, the director
    of the state-run National Theater cancelled an agreement to host a
    national day observance by the Romanian Cultural Institute of Budapest
    following objections by Fidesz, Christian Democrat, and Jobbik
    parliamentarians. The December1 national day commemorates the 1918 Alba
    Iulia National Assembly, which declared the unification of
    Transylvania, until then a Hungarian territory, with the Kingdom of
    Romania. The Fidesz caucus issued a statement that ``the loss of
    Transylvania constitutes a deep trauma to the present day for the
    majority of the Hungarian nation. While we acknowledge that this
    historical event tragic for Hungarians is a national holiday for
    Romania, we do not expect it to be celebrated in a symbolic space of
    our national culture.''

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

        Freedom of Assembly.--Under the law, demonstrations do not require
    a police permit, but event organizers must inform police of a planned
    assembly in a public place at least three days in advance. The law
    authorizes police to prohibit any gathering if it seriously endangers
    the peaceful operation of representative bodies or courts, or if it is
    not possible to ensure alternate routes for traffic. However, police
    are not required to disband a spontaneous, unauthorized assembly that
    remains peaceful. During the year police prohibited six demonstrations,
    which represented less than 1 percent of total announced
    demonstrations.
        During the year the HHC and other human rights organizations
    repeatedly emphasized the need to modify the law on assembly to clarify
    when the police may prevent a public gathering. According to the HHC,
    the law does not permit the police to prevent a demonstration based on
    an unverified assumption that the demonstrators are highly likely to
    commit a criminal offense. According to NGOs, the shortcomings of the
    law sometimes resulted in inconsistent police practices.

        Freedom of Association.--The constitution and the law provide for
    freedom of association, and the Government generally respected this
    right.

        c. Freedom of Religion.--For a description of religious freedom,
    please see the 2010 International Religious Freedom Report at
    www.state.gov/g/drl/irf/rpt

        d. Freedom of Movement, Internally Displaced Persons, Protection of
    Refugees, and Stateless Persons.--The constitution and law provide for
    freedom of movement within the country, foreign travel, emigration, and
    repatriation, and the Government generally respected these rights in
    practice.
        The Government cooperated with the Office of the United Nations
    High Commissioner for Refugees and other humanitarian organizations in
    providing protection and assistance to refugees, returning refugees,
    asylum seekers, stateless persons, and other persons of concern.
        The law prohibits forced exile, and the Government did not employ
    it.

        Protection of Refugees.--The law provides for the granting of
    asylum or refugee status, and the Government has established a system
    for providing protection to refugees.
        The Asylum Act includes definitions for the principles of ``safe
    country of origin'' and ``safe country of transit,'' including adequate
    provisions for individual consideration in exceptional cases. In
    practice, authorities decide on a case-by-case basis whether the
    country of origin may be regarded as a safe country of origin for the
    applicant.
        In law and practice, the Government generally provided protection
    against the expulsion or the return of refugees to countries where
    their lives or freedom would be threatened on account of their race,
    religion, nationality, membership in a particular social group, or
    political opinion.
        During the year the Office of Immigration and Nationality (OIN)
    received 2,104 applications for refugee status and approved 74.
    According to the law, OIN shall grant ``subsidiary protection'' status
    to foreigners who do not qualify as refugees but for whom there is a
    risk of exposure to serious harm upon their return to the country of
    origin. OIN granted 115 persons ``subsidiary protection'' status. The
    law provides that OIN may authorize persons to stay in the country by
    granting them ``tolerated status'' consistent with Hungary's non-
    refoulement obligations under international law. During the year, OIN
    granted 58 persons ``tolerated status.''
        On February 26, the HHC filed a complaint with the Office of the
    Prosecutor General concerning the OIN practice of detaining certain
    asylum seekers beyond the 15-day pre-assessment period. In its April 15
    response, the Office of the Prosecutor General repeated its previous
    warning to OIN, ordering the termination of the unlawful practice. OIN
    challenged this notice at the Ministry of Interior. On June 21, the
    ministry accepted OIN's argument and authorized it to continue the
    practice.
        On November 22, the National Assembly modified the Asylum Act,
    introducing several restrictive measures in immigration policing, such
    as increasing the maximum period of detention from 6 months to 12
    months, rejecting manifestly unfounded asylum claims in the
    admissibility procedure, and detaining families with minor children for
    30 days in exceptional cases. A disputed element of the legislation
    allowing for the continued detention of asylum seekers after they enter
    the ``in-merit'' procedure was eliminated. The HHC criticized the new
    regulations, arguing that the restrictions could not be justified by
    migratory trends and that certain of the new measures were contrary to
    the European Union Directive on Return.
        According to established procedures, immigration police interview
    individuals detained at the border and then ask the OIN whether the
    person's deportation would be in breach of the country's non-
    refoulement obligations. The OIN issues a binding expert opinion,
    taking into account the interview as well as UN reports and other
    country-of-origin information.
        On December 16, Human Rights Watch (HRW) published a report on the
    treatment of asylum seekers and migrants in Ukraine analyzing the
    readmission procedures from neighboring EU countries. HRW interviewed
    14 migrants who were returned from Hungary to Ukraine in 2008-10.
    Nearly all of them said that officials ignored their requests for
    asylum and that they were ``pressured or tricked into signing papers
    they did not understand, or told they would be driven to a reception
    center, before being deported to Ukraine.'' According to the HRW
    report, OIN had determined that it was permissible to return to Ukraine
    all 14 of the migrants HRW subsequently interviewed. OIN stated that
    there were no cases in which an asylum claim was rejected on the basis
    that Ukraine was a safe third country.
        The HHC claimed there were incidents of police failing to identify
    asylum seekers in border procedures and of forced return of asylum
    seekers who were vulnerable or in need of international protection. OIN
    stated that they did not receive any official complaints.
    Section 3. Respect for Political Rights: The Right of Citizens to
            Change Their Government
        The constitution and law provide citizens the right to change their
    government peacefully, and citizens exercised this right in practice
    through periodic, free, and fair elections based on universal suffrage.

        Elections and Political Participation.--The OSCE election
    observation mission reported that parliamentary elections held on April
    7, with a second round on April 21, were conducted in a manner
    consistent with international standards and commitments for democratic
    elections. The elections brought a Fidesz-KDNP coalition back to power
    with a two-thirds majority. Prime Minister Viktor Orban assumed office
    on May 29. The National Assembly elected Pal Schmitt president, and he
    took office on August 6.
        During the election campaign public stations Magyar Televizio
    (Hungarian Television) and Magyar Radio (Hungarian Radio) refused to
    broadcast an anti-Roma electoral campaign advertisement by the far-
    right party Jobbik because it would contravene rules forbidding the
    denigration of minority groups. The advertisement focused on ``gypsy
    crime.'' The National Election Committee said on November 27 that the
    rejection of the Jobbik advertisement violated the principal of
    equality for political parties, and that its content did not overstep
    the boundaries of freedom of speech legislation. On October 4, the
    Constitutional Court ruled that the stations erred in not broadcasting
    the advertisements.
        The newly elected National Assembly amended the constitution to
    reduce the maximum number of MPs after the 2014 general elections from
    386 to 200, cutting roughly by half the number of local
    representatives, and to extend citizenship rights to ethnic Hungarians
    living beyond the country's present borders. There were no government
    restrictions on political parties.
        The 386-seat National Assembly elected in April included 34 women,
    20 percent fewer than its predecessor. There were no women in Prime
    Minister Orban's immediate cabinet, but women were represented at the
    sub-cabinet level. There also were no women on the Constitutional
    Court. Due to privacy laws regarding ethnic data, no statistics were
    available on the number of minorities in the National Assembly,
    cabinet, or Constitutional Court.
    Section 4. Official Corruption and Government Transparency
        The law provides criminal penalties for official corruption;
    however, the Government did not implement the law effectively, and NGOs
    contended that officials often engaged in corrupt practices with
    impunity.
        Corruption in the executive and legislative branches reportedly
    increased during the year, and numerous cases of alleged corruption
    received significant public attention. According to the World Bank's
    Worldwide Governance Indicators, government corruption was a problem.
    Corruption within police agencies remained a problem. Penalties for
    police officers found guilty of wrongdoing include reprimand,
    dismissal, and criminal prosecution.
        On January 18, the Prosecutor General's Office accused Budapest
    Seventh District Mayor Gyorgy Hunvald of signing millions of forint
    worth of fictitious consultancy contracts. Hunvald has been in pretrial
    detention on other corruption charges since February 2009. The case
    remained pending at year's end.
        On January 26, authorities took former Budapest Public Transport
    Company director Attila Antal into custody on fraud charges. Police
    stated that Antal, while director of the company in 2007-08, seriously
    violated its asset management regulations by signing contracts for
    unnecessary services. In addition, he approved excessive severance
    payments. The company's former human resources director, Eleonora
    Szalaine Szilagyi, was arrested in early January for alleged
    embezzlement after she authorized 86 million forint ($408,000) for
    herself in severance pay. The cases were part of an investigation into
    the company that began in 2009 in connection with 1.7 billion forint
    ($8.4 million) in severance payments to 100 persons during the previous
    six years.
        On March 31, former Hungarian Socialist Party politician Janos
    Zuschlag was sentenced to eight-and-a-half years in prison by the
    county court of Bacs-Kiskun. Zuschlag, the subject of an 18-month
    police investigation, was accused of siphoning state funds, estimated
    to total about 75 million forint ($355,400), and channeling them into
    Hungarian Socialist Party youth organizations. The court sentenced 15
    of Zuschlag's associates to one to five years in prison. The prosecutor
    appealed the verdict and the case remained pending at year's end.
        On September 1, police detained the former head of the State Asset
    Management Authority Miklos Tatrai, and former State Asset Management
    Authority sales manager Zsolt Csaszy, on suspicion of misuse of funds
    and other crimes related to the Sukoro casino project. According to the
    prosecutors, state properties provided for the casino project were
    undervalued by 734 million forint ($3.5 million), while land received
    in exchange from the investors was overvalued by 593 million forint
    ($2.8 million).
        On September 28, the Komarom-Esztergom County chief prosecutor
    filed charges on misuse of funds against Tatrai in a separate case,
    charging that Tatrai ordered the illegal transfer 365 million forint
    ($1.7 million) to state-owned Babolna stud farm. Both cases remained
    pending at year's end.
        Members of the National Assembly, high-level government officials,
    civil and public servants, and police officials disclosed their
    financial status on a regular basis, as the law requires. NGOs
    contended that the regulation is not adequate because there is no
    effective method for auditing or sanctioning violators.
        Several government offices were responsible for combating
    corruption. The State Audit Office audited the public sector and
    campaign spending of political parties. The independent judiciary, the
    prosecutors, the police, and in certain cases the customs and finance
    guard were responsible for investigating corruption. Special agencies
    such as the competition authority and the supervisory body of financial
    institutions were responsible for ensuring fair and transparent market
    conditions.
        The constitution and law provide both citizens and foreigners the
    right to access state-held information, although the Government may
    restrict access in order to protect what it determines to be legitimate
    state interests. Requestors may appeal denials in court. Government
    offices may charge a fee to cover copying costs. Government offices are
    required to give the requestor detailed reasons for any denials.
        According to the most recent statistics published by the ombudsman,
    government offices received 123,747 requests for information in 2009
    and rejected 164 because they involved commercial secrets or the
    offices concerned lacked authority to act. The HCLU contended that the
    ombudsman's statistics underestimated the percentage of denied
    requests.
        On June 23, a Budapest court ordered the Constitutional Protection
    Office, successor to the National Security Office, to make public the
    names of companies that have exclusive rights to participate in
    national security procurement. The ruling resulted from a lawsuit filed
    by Transparency International Hungary after the National Security
    Office refused to make the names available, citing national security
    considerations.
        On September 15, the Supreme Court ruled against the HHC in its
    effort to obtain the names of and statistics about lawyers appointed to
    represent defendants in court. The HHC had sued 11 police units in 2008
    for unlawfully denying their requests for this data, which the HHC
    regarded as in the public interest. The HHC maintained that police
    chose specific public defenders who were unlikely to contest vigorously
    charges against their clients, thus facilitating convictions. The
    Supreme Court ruled that the names of state-appointed public defenders
    were not data of public interest.
    Section 5. 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.
        There are parliamentary commissioners (ombudsmen) for civil rights,
    national and ethnic minority rights, data protection, and future
    generations. They examine constitutional rights violations and initiate
    individual or general proceedings to prevent further violations.
    Following appointment by the president, a two-thirds parliamentary
    majority confirms the ombudsmen for six-year terms, renewable once. The
    ombudsmen are responsible only to the parliament, which allocates their
    financial resources in the annual state budget and votes on their
    annual report. The ombudsmen operated without government or party
    interference and published several reports during the year. The public
    perception of the ombudsmen's activities was generally positive.
        The parliamentary Committee for Human Rights and Minority, Civil,
    and Religious Affairs has 21 members selected in proportion to the
    parties' seats in parliament. The committee debates and reports on
    human rights-related bills and supervises the human rights-related
    activities of the ministers.
    Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
        The constitution and law prohibit discrimination based on race,
    gender, disability, language, or social status; however, the Government
    failed to enforce these rights fully in practice.
        During the year the Equal Treatment Authority (ETA), an independent
    authority set up by the Government to monitor enforcement of
    antidiscrimination laws, received 1,282 complaints. The ETA issued 377
    decisions and found 40 complaints of illegal discrimination to be
    justified. In the ``justified'' cases, the ETA ordered employers to
    stop their illegal activities, refrain from further wrongdoing, and in
    20 instances, pay penalties ranging from 100,000 to five million forint
    ($473 to $23,700).

        Women.--Rape, including spousal rape, is illegal, but human rights
    observers generally considered the problem to be underreported. Under
    the law, a sexual assault is considered rape only if it involves the
    use of force or threats. Penalties for rape range from two to eight
    years in prison and can be as long as 15 years in aggravated cases.
        According to the NPH, in the first eleven months of the year the
    prosecutor's offices pressed rape charges in 126 cases.
        The law does not specifically prohibit domestic violence or spousal
    abuse. The charge of assault and battery, which carries a maximum
    prison term of eight years, was used to prosecute domestic violence
    cases. Under a 2009 law, however, police called to the scene in
    domestic violence cases may issue an emergency restraining order valid
    for three days in lieu of immediately filing charges; courts are
    authorized to issue longer-term restraining orders. According to
    women's rights NGOs, the law does not provide appropriate protection
    for the victims and does not place sufficient emphasis on the
    accountability of perpetrators. NGOs noted that no protocols or
    systematic training regarding domestic violence were available for law
    enforcement personnel.
        Expert research in the field of domestic violence indicated that
    approximately 20 percent of women have been physically assaulted or
    victimized by domestic violence. According to the NPH, during the year
    8,514 women were reported to be victims; however, most incidents of
    domestic violence went unreported, due to fear and shame on the part of
    victims. Prosecution for domestic violence was rare. Prosecuting those
    who abused women was difficult because of societal attitudes that
    tended to blame the victim. According to NGOs, police remained
    reluctant to arrest abusers, due to a lack of confidence that the
    judicial system would effectively resolve abuse cases. Women's rights
    NGOs contended that many cases of violence against women required the
    victim to make a formal complaint in order to begin the criminal
    procedure, which prevented many victims from seeking justice.
        The Ministry of National Resources (formerly the Ministry of Social
    Affairs) operated a 24-hour hotline for victims of abuse. During the
    first half of the year, the ministry financed 11 shelters for socially
    disadvantaged persons, including victims of sexual abuse; the funding
    for two of the shelters ceased at the end of June. The ministry also
    continued to operate four ``halfway houses'' around the country
    available for 16 families for up to five years. Women's rights NGOs
    contended that services for the assistance of victims of violence
    against women either operated with limited capacity or did not meet
    international standards of good practice.
        The law establishes the right to a secure workplace and makes
    sexual harassment a criminal offense; however, according to NGOs,
    sexual harassment remained widespread. NGOs contended that the law did
    not clearly define sexual harassment, leaving victims with a lack of
    legal awareness or incentive to file a complaint. Through November, the
    NPH recorded 4,431 cases of harassment against woman. In the first nine
    months of the year, the ETA rejected one case of sexual harassment and
    imposed penalties in six others. Penalties included fines ranging from
    100,000 to one million forint ($474 to $4,739) and making the ETA
    decision public for up to six months.
        Couples and individuals have the right to decide freely and
    responsibly the number, spacing, and timing of their children and to
    have the information and means to do so free from discrimination,
    coercion, and violence. There was easy access to contraception and to
    skilled attendance during childbirth, and national family planning
    services focused on providing prenatal and postnatal care and
    counseling. However, NGOs contended that the lack of legal framework
    regulating the work of midwives limited women's access to reproductive
    health care services, as the authorities do not recognize independent
    midwives as a professional group and can charge them with a crime for
    their work. According to data from international organizations, there
    were approximately 13 maternal deaths per 100,000 live births in 2008.
    Women and men were equally diagnosed and treated for sexually
    transmitted infections, including HIV/AIDS.
        Under the constitution and the law, men and women have equal
    rights. The ETA was responsible for monitoring the implementation of
    the Equal Treatment Law and for coordinating governmental activities in
    the field of gender equality. NGOs pointed out that the law has no
    gender-specific provisions. NGOs also raised concerns about the ETA's
    lack of financial and human resources to carry out its mission, which
    decreased even further under the restructuring of government
    ministries.
        According to the Central Statistical Agency, women continued to
    earn 17 percent less than men for substantially similar work. The ETA
    found employer discrimination against women in eight of the 19
    complaints it received. There was economic discrimination against women
    in the workplace, particularly against job seekers older than 50 and
    those who were pregnant or had returned from maternity leave.

        Children.--Citizenship is acquired by birth from a parent who is a
    citizen.
        While the law provides free compulsory education for children
    through 18 years of age, a 2006 study found that more than 82 percent
    of Roma have eight years of education or less, compared with 36 percent
    of the rest of the population. Similarly, while an estimated 40 percent
    of the population had some form of secondary schooling, only 3.1
    percent of Roma received such education. NGOs claimed that the right to
    public schooling is not honored for children with severe and multiple
    disabilities because public schools are not obliged to set up classes
    for those children.
        The public education system continued to provide inadequate
    instruction for minorities in their own languages. Romani language
    schoolbooks and qualified teachers were in short supply.
        Segregation of Romani schoolchildren remained a problem. NGOs and
    government officials estimated that one-third of Romani children were
    educated in segregated classes and that 20 percent were placed without
    justification in remedial classes for children with mental
    disabilities, effectively segregating them from other students. Schools
    with a majority of Romani students employed simplified teaching
    curricula, were generally less well equipped, and were in significantly
    worse physical condition than those with non-Romani majorities.
        During the year the Chance for Children Foundation (CFCF) initiated
    a lawsuit against Heves County and the county-operated Expert
    Committee, which diagnoses and certifies children with disabilities and
    learning difficulties. The CFCF claimed that the percentage of children
    certified as having such disabilities was much higher than in other
    counties, the number of Romani children among them was
    disproportionately high, and almost all certified children attend
    segregated remedial schools with substandard curricula. The CFCF asked
    the court to rule that there was racial bias in the diagnosing and
    certifying procedure and to ban the county and its institution from the
    practice. The case was pending at year's end.
        On June 7, the Supreme Court awarded 100,000 forint ($474) in
    compensation to five Romani children for enduring segregation during
    their primary schooling in Miskolc.
        On October 25, the ETA signed an agreement with a local school in
    Taktaharkany banning the segregation of Romani pupils. In 2008 the CFCF
    referred the case to the ETA on the grounds that Romani children were
    denied access to the school cafeteria and forced to attend classes in a
    separate building from non-Romani students.
        The CFCF also won financial compensation for two Romani boys in
    Nyiregyhaza whom authorities incorrectly diagnosed and certified as
    having learning difficulties and assigned to remedial schools. The boys
    were not able to pursue normal careers as a result.
        During the year the CFCF won a lawsuit filed in 2009 against local
    authorities of Gyor. The court of first instance ruled that the Gyor
    Municipality unlawfully segregated and discriminated against Romani
    children attending the Kossuth Street primary school.
        In September 2009 the CFCF sued the Ministry of Education for
    violating the Equal Opportunity Act by failing to halt the segregation
    of Romani children in public schools. The legal successor to the
    ministry has yet to respond to the CFCF's claim, and the case was
    pending at year's end.
        In December 2009, the Somogy County Court ruled that the
    municipality of Kaposvar had unlawfully discriminated against Romani
    children by segregating them from non-Romani students in a separate
    school with a simplified curriculum. The Pecs Court of Appeals upheld
    the verdict on appeal but struck down the charge of discrimination in
    quality of education. The Supreme Court upheld this ruling but also
    struck down the appeal court's order that the municipality rectify the
    unlawful situation, arguing that a court can only order rectification
    if claimants put forward a detailed proposal for such action.
        A 2008 European Roma Rights Center report found that Romani
    children were overrepresented in the child protection system. In the
    sample of children in professional care institutions, 40 percent were
    of Roma origin and 18 percent were half-Roma, although Romani children
    only account for approximately 13 percent of the children in the
    general population. Romani children have a higher probability of being
    placed in children's homes rather than in family-like care or community
    settings.
        In the first 11 months of the year, the NPH registered 5,374 cases
    of crimes against children.
        On May 26-27, 34 officers working on youth protection and domestic
    violence at county police headquarters participated in training that
    highlighted the specific tasks required for the implementation of the
    ``National Youth Strategy 2009-2024,'' aimed at enhancing the social
    integration of young persons. During the year the NPH conducted a study
    of police attitudes toward domestic violence as well as the
    difficulties officers face in the field. Based on the results of the
    study, the NPH developed a set of recommendations and a training series
    aimed at improving the effectiveness of police response to domestic
    violence. During the year 600 police officers participated in this
    training.
        Some girls under the age of 18 engaged in prostitution. Young girls
    who grew up in orphanages were highly vulnerable to internal forced
    prostitution. NGOs contended that the number of females under the age
    of 18 involved in prostitution increased in recent years. Buying sexual
    services from a child younger than 18 years old is a crime punishable
    by up to three years in prison.
        The minimum age for consensual sex is 14 years. According to the
    law, statutory rape is a felony punishable by imprisonment for two to
    eight years and for five to 10 years if the victim is under 12 years of
    age. The law prohibits child pornography, which is punishable by up to
    eight years in prison.
        The country is a party to the 1980 Hague Convention on the Civil
    Aspects of International Child Abduction. For information on
    international parental child abduction, please see the Department of
    State's annual report on compliance at http://travel.state.gov/
    abduction/resources/congressreport/congressreport--4308.html.

        Anti-Semitism.--The Jewish population was estimated to be between
    80,000 and 100,000.
        Jewish organizations expressed serious concern over a perceived
    increase in the public's tolerance for anti-Semitic remarks in public
    discourse. On April 18, Gabor Vona, the far-right Jobbik party chair
    and National Assembly member, told an interviewer from the weekly
    magazine HVG that ``Israeli interests are trying to colonize Hungary
    because Israel's place and role in the Middle East are unstable, so
    they must seek another country if Israel's position becomes untenable.
    This is not anti-Semitism but fear for Hungarians,'' he said, adding,
    ``politics rather than business interests lie behind the gaining of
    ground by Israeli capital.''
        As of November 30, there were 212 reported instances of vandalism
    or destruction of Jewish and Christian properties, 20 in houses of
    worship and 192 in cemeteries.
        On March 30, unidentified individuals threw rocks into an apartment
    on Budapest's Dohany Street where a rabbi was celebrating Passover with
    fifty participants. No one was injured. The police started an
    investigation into what they classified as a crime involving ``damage
    to property.'' The police rejected an HCLU petition to change the
    classification to ``violence against a member of a social group.''
    Police suspended the investigation after failing to identify the
    perpetrators.
        On May 1, unidentified persons damaged a Holocaust memorial in
    Zalaegerszeg shortly after its repair from an April 6 attack. Police
    opened an investigation, which was ongoing at year's end.
        On June 16, police stopped the screening of a Nazi propaganda film,
    The Eternal Jew, and took several of the viewers and the organizers
    into custody. Deme Brothers, publishers of extreme right-wing
    literature, staged the screening in Budapest's 13th district, the same
    venue where an illegal showing of Jud Sss took place in 2009. On July
    6, unidentified persons damaged three monuments dedicated to victims of
    World War II in Szekesfehervar. The vandals poured red paint over
    separate memorials of soldiers and civilians killed during the war,
    anti-fascists, and victims of the Holocaust. The police failed to find
    the perpetrators and closed the investigation on August 28.
        The weekly magazine Magyar Demokrata, the national daily Magyar
    Hirlap, and the more radical Magyar Forum published anti-Semitic
    articles during the year; Magyar Demokrata and Magyar Hirlap
    discontinued these practices in the spring. The official publication of
    the far-right Jobbik party, Barikad, changed from a monthly to a weekly
    magazine and continued to publish openly anti-Semitic content.
        There were numerous far-right websites in the country, many of
    which were openly anti-Semitic. NGOs reported that the Government
    monitored the content of these sites to enforce the prohibition against
    public display of such symbols as the swastika, the hammer and sickle,
    the five-pointed red star, and the arrow cross.
        During the year the prime minister, other senior government
    officials, and representatives of other parties routinely criticized
    extremist movements; they initiated and participated in several
    demonstrations promoting tolerance.
        The Government gave its support to a seven-day Holocaust education
    seminar for educators conducted in November. The seminar was the first
    element of a three-year educational program aimed at revising Holocaust
    education in the schools.

        Trafficking in Persons.--For information on trafficking in persons,
    please see the Department of State's annual Trafficking in Persons
    Report at www.state.gov/g/tip.

        Persons With Disabilities.--The law prohibits discrimination
    against persons with physical, sensory, and/or intellectual
    disabilities in employment, education, access to health care, or the
    provision of other state services; however, persons with disabilities
    frequently faced discrimination and prejudice.
        Government sources estimated there were 600,000 persons with
    disabilities, while disability organizations estimated the number to be
    approximately one million.
        NGOs expressed concern about the lack of independent oversight over
    government-run, long-term-care institutions for persons with mental
    disabilities. There were sporadic reports that employees of such
    institutions used inappropriate physical restraints on patients, a
    problem experts attributed partly to inadequate numbers of qualified
    staff. NGOs also noted that there was no legal regulation or government
    strategy for deinstitutionalization of persons.
        The international NGO Mental Disability Advocacy Center criticized
    the Government for failing in its obligation to protect the rights of
    persons with disabilities who were under the legal guardianship of
    others, particularly in their access to employment, education, and
    health care services. According to the center, one of the key problems
    was a lack of alternatives to guardianship for persons with
    disabilities who needed support in making certain decisions. According
    to NGOs, almost 80,000 adults were under guardianship. According to the
    constitution, citizens placed under guardianship by a court immediately
    lose their right to vote. In addition, NGOs contended that polling
    places were not accessible for persons with disabilities and the
    election materials were not available in easy-to-read format.
        A government decree requires all companies with more than 20
    employees to reserve 5 percent of their jobs for persons with physical
    or mental disabilities. The decree specifies fines for noncompliance.
    Employers typically paid the fines rather than employ persons with
    disabilities. In 2009 approximately 9 percent of working-age persons
    with mental disabilities were employed.
        Both the central government and municipalities continued to update
    public buildings to make them accessible to persons with disabilities.
    The law requires that buildings operated by the central government be
    accessible by 2010; those operated by the municipalities must meet this
    goal by 2013. There was no data available on the percentage of
    government buildings that were not accessible, but NGOs contended many
    public buildings remained inaccessible.
        The lead agency for protecting the rights of persons with
    disabilities is the Ministry of National Resources.

        National/Racial/Ethnic Minorities.--The Romani community remained
    the largest ethnic minority. According to the Central Statistics
    Office, in 2007 the Romani community accounted for 2 percent of the
    population, or approximately 200,000 persons. However, unofficial
    estimates, which vary widely, suggest the actual figure was much
    higher, ranging between 500,000 and 800,000 persons.
        Violent attacks against Roma continued, generating strong public
    concern and intense disputes as to the existence and scale of racially
    motivated crimes. Human rights NGOs complained that law enforcement
    authorities, prosecutors, and courts were reluctant to recognize racial
    motivation for many crimes.
        On March 18, Molotov cocktails were thrown at the houses of four
    Romani families in the town of Siofok, one of which suffered a serious
    fire. No one was injured. Police spokesman Gabor Biro confirmed that
    the incident had taken place, but gave no details, stating that an
    investigation was ongoing.
        On April 15, one of the deputies of the National Roma Minority
    Self-Government was attacked in the town of Elek. According to the
    victim's media statements, two ``active members of an extremist party
    and organization'' were demolishing the pub he owned and as he
    approached, they kicked and hit him. Police were not able to identify
    any perpetrators.
        On May 22, unknown persons threw several bottles filled with
    gasoline through the window of a house inhabited by Roma in Hatvan.
    Damage was estimated at 5,000 forint ($24), and no injuries were
    reported. Police were unable to identify any perpetrators.
        On July 4, unknown persons attacked a Romani house in Olaszliszka.
    They fired three shots at the house, leaving bullet holes in the front
    wall. When the attack occurred, a mother and her children were sleeping
    in the house. There were no reports of injuries. Police could not
    identify any perpetrators.
        On August 9, the National Bureau of Investigation announced the
    completion of its investigation into a series of physical attacks
    against Roma in 2008 and 2009. As a result of the investigation, the
    Pest County Prosecutor charged four suspects with the murder of six
    persons, the serious injury of five others, and threats to the safety
    of an additional 55. The case was scheduled to go to trial in 2011.
        Human rights NGOs reported that Roma were discriminated against in
    almost all fields of life, particularly in employment, education,
    housing, penal institutions, and access to public places, such as
    restaurants and bars.
        According to statistics of the Hungarian Institute for Educational
    Research and Development, Roma were significantly less educated than
    other citizens, with incomes and life expectancy well below average.
        A 2007 International Labor Organization report estimated the
    unemployment rate among Roma to be 40 percent. However, in many
    underdeveloped regions of the country, it exceeded 90 percent.
    Unemployment among Roma was estimated to be three to five times higher
    than among the non-Romani population. The HCLU expressed concern that
    new legislation requiring completion of primary school to obtain a
    driver's license could increase unemployment among Roma.
        According to the HCLU, members of the Romani community were
    regularly sentenced for minor offenses such as collecting firewood or
    minor traffic violations, which were usually ignored when committed by
    non-Roma. The HCLU asserted that police and municipalities selectively
    applied laws against the Romani community to keep Roma segregated and
    to restrict their free movement.
        Inadequate housing continued to be a problem for Roma; their
    overall living conditions remained significantly worse than those of
    the general population. According to Romani interest groups,
    municipalities used a variety of techniques to prevent Roma from living
    in more desirable urban neighborhoods. In April the HCLU and the
    European Roma Rights Center filed a motion with the ombudsman asking
    him to examine whether Roma had been disproportionately targeted for
    eviction from municipality-owned housing. According to a survey by the
    Ministry of National Resources, approximately 100,000 seriously
    disadvantaged persons, mostly Roma, lived in approximately 500
    settlements lacking basic infrastructure and often located on the
    outskirts of cities. The Government continued its program to eliminate
    these settlements and to help residents move to more desirable
    communities.
        Most ministries and county labor affairs centers had special
    officers for Romani affairs focused on the needs of the Romani
    community. The Ministry of National Resources continued to offer
    financial incentives to encourage schools to integrate Romani and non-
    Romani children in the same classrooms and to reintegrate Roma
    inappropriately placed in remedial programs. The Ministry also operated
    a program to finance infrastructure development in Romani communities.
    The prime minister named Zoltan Balog as state secretary for social
    inclusion, charged with coordinating government efforts to address Roma
    issues.
        The Ministry of Public Administration and Justice (formerly the
    Ministry of Justice and Law Enforcement) operated an antidiscrimination
    legal service network that provided free legal aid to Roma in cases
    where they encountered ethnic discrimination. Human rights NGOs
    lamented that the lawyers' offices were located in the larger cities,
    rendering them inaccessible to those Roma living in deep poverty in
    small villages. HCLU received reports that the network's lawyers
    rejected some Romani cases.
        Since January 2009, in order to apply for EU and government funds
    for urban rehabilitation and public education projects, every city must
    attach to its proposal a desegregation plan outlining planned actions
    to eradicate segregation in housing and public education. The
    Government opened 200 positions in public administration for Romani
    college graduates. By year's end 165 applicants had passed the
    mandatory civil servant entry exam and 66 were placed in various
    national and county government offices.
        Roma and the other 12 official minorities are entitled to elect
    their own minority self-governments (MSG), which organize minority
    activities and handle cultural, educational, and linguistic affairs.
    The president of each MSG also has the right to attend and speak at
    local government assemblies.

        Societal Abuses, Discrimination, and Acts of Violence Based on
    Sexual Orientation and Gender Identity.--Homosexual conduct is legal,
    but extremist groups continued to subject gay men and lesbians to
    physical abuse and attacks.
        On July 4, two teenagers wearing far-right party badges struck a
    man on his way home from the opening ceremony of the Rainbow Mission
    Foundation's (RMF) annual Budapest Pride festival, a week of lesbian,
    gay, bisexual ,and transgender programs.
        On July 10, the RMF organized the 15th annual Budapest Pride March,
    in which an estimated 1,000 persons participated. Organizers were
    successful in registering the march, which occurred on a shortened
    parade route with increased police protection. Authorities shortened
    the route further on the day of the march because counterdemonstrators
    along the route shouted antihomosexual slurs as well as the campaign
    slogan of the openly antigay political party Jobbik. Police prevented
    several protestors from approaching the route, but made no arrests. Two
    men followed one volunteer into the metro and attacked him following
    the march. A metro security guard briefly detained the attackers but
    then let them go.
        On July 26, the RMF reported to the police that a neo-Nazi group
    calling itself the ``Budapest Hungaristas'' desecrated one of the
    Hungarian Lesbian, Gay, Bisexual, and Transgender community's unique
    symbolic sites, the tombstone of Karoly Kertbeny, originator of the
    terms ``heterosexual'' and ``homosexual.'' The Hungaristas reportedly
    covered the gravestone with a black veil and attached a quotation from
    the Old Testament Book of Leviticus. Police declined to pursue the case
    on December 4, stating that no crime had been committed.
        On September 4, approximately 100 participants marched in a legally
    registered Hetero Pride Parade, following the same route as the
    Budapest Pride March. The organizer stated that the organizers intended
    the march to be a ``protest against the open practice and
    popularization of homosexuality.''
        There were no reported developments in connection with two attacks
    on a gay bar and a gay bathhouse in Budapest in 2008. In April 2009
    police detained two persons in connection with these incidents.

        Other Societal Violence or Discrimination.--There were no reports
    of societal violence or discrimination against persons with HIV/AIDS.
    Section 7. Worker Rights

        a. The Right of Association.--The law allows workers to form and
    join independent unions of their choice without previous authorization
    or excessive requirements, and workers exercised these rights in
    practice.
        The law also allows unions to conduct their activities without
    interference, and the Government protected this right in practice.
    Approximately 25 percent of the workforce was unionized in 2009. With
    the exception of military personnel and police officers, workers have
    the right to strike, and workers exercised this right. The law permits
    the unions of military personnel and police officers to seek resolution
    of grievances in the courts. While employers are not allowed to hire
    temporary workers during a strike, temporary workers already hired
    before the strike were allowed to continue working.
        On December 23, the National Assembly passed a bill amending the
    strike law so that workers at companies performing activities
    fundamental to the population--such as public transport,
    telecommunications, water, power, gas, and other energy sector firms--
    may not strike unless an agreement has been reached on minimum services
    during a strike. The definition of minimum services is decided by the
    courts. In addition, the bill added ``abusing the right to strike'' to
    the list of actions rendering a strike illegal. National trade unions
    opposed the law on the basis that the courts lack the expertise to
    decide on necessary minimum services, and that the term ``abusing the
    right to strike'' is too vague.
        Two national trade unions, MSZOSZ and LIGA, have reported cases of
    employers intimidating trade union members, transferring, relocating,
    or dismissing trade union officers, and hindering union officials from
    entering the workplace.
        The International Trade Union Confederation expressed concern that
    trade union registration practices are too long and cumbersome, and
    judges and prosecutors have legal authority to interfere with internal
    trade union matters. However, LIGA officials indicated the registration
    practices have not been a problem in their experience.
        Court proceedings on unfair dismissal cases could take more than a
    year to complete, and court decisions were not always properly
    enforced.

        b. The Right to Organize and Bargain Collectively.--Collective
    bargaining is protected by law and was freely practiced, mainly at the
    company level. In 2008 collective bargaining agreements covered
    approximately 36 percent of the workforce.
        The labor code requires trade unions to represent 65 percent of the
    workforce (for a single employer) or 50 percent of the workforce (for a
    group of employers) to engage in collective bargaining.
        There are no export processing zones, but individual foreign
    companies frequently were granted duty-free zone status for their
    facilities. There were no exemptions from regular labor laws in the
    duty-free zones.

        c. Prohibition of Forced or Compulsory Labor.--The law prohibits
    forced or compulsory labor, including by children. See the Department
    of State's annual Trafficking in Persons Report at www.state.gov/g/tip.

        d. Prohibition of Child Labor and Minimum Age for Employment.--The
    law protects children from exploitation in the workplace, and the
    Government effectively enforced these laws in practice.
        The law prohibits children younger than 16 from working except in
    such circumstances as temporary work during school vacations. Children
    under 15 are prohibited from all work. Children may not work night
    shifts or overtime or perform hard physical labor.
        The country's Labor Inspectorate reported that during 2009 six
    companies employed 136 children under 15 years old, mostly in financial
    and commercial work. The companies were fined a total of 5.2 million
    forint ($24,640). Individuals who identify children as victims of labor
    exploitation are required to report them to the Guardianship Authority.
        According to the International Organization for Migration,
    trafficking of children for sexual exploitation was a problem. The
    Government actively monitored immigration and emigration patterns for
    evidence of trafficking. See the Department of State's annual
    Trafficking in Persons Report at www.state.gov/g/tip.

        e. Acceptable Conditions of Work.--The national minimum monthly
    wage of 73,500 forint ($348) provided a decent standard of living for a
    worker and family. A special minimum monthly wage for jobs requiring
    the completion of secondary education was 89,500 forint ($424). The law
    sets the official workday at eight hours, although it may vary
    depending on the industry. A 48-hour rest period is required during any
    seven-day period. The regular workweek is 40 hours with premium pay for
    overtime. The law prohibits overtime exceeding 200 hours per year. The
    laws also apply to foreign workers with work permits; they were
    enforced effectively and consistently. Labor courts and the Labor
    Inspectorate enforced occupational safety standards set by the
    Government, but enforcement was not always effective. Workers have the
    right to remove themselves from unsafe and unhealthy situations without
    jeopardizing their continued employment, and this right was generally
    respected.
        On November 16, the National Assembly passed a law instituting a 98
    percent special tax on public sector severance packages worth more than
    3.5 million forint ($16,587), imposed retroactively on payments
    collected after January 1, 2005. The Constitutional Court had struck
    down the law in October, but Fidesz resubmitted the legislation after a
    constitutional amendment removed the tax from the court's purview.
        On December 23, the National Assembly amended the law on civil
    servants, giving employers the right to fire civil servants with two
    months notice without providing justification for the dismissal.

                                   __________

                                    ICELAND

        Iceland, with a population of 318,000, is a constitutional
    parliamentary republic. The president is the head of state; a prime
    minister, usually the head of the majority party, is head of
    government. There is a unicameral parliament (Althingi). In 2008 Olafur
    Ragnar Grimsson was reelected president in free and fair elections.
    After free and fair parliamentary elections in April 2009, the Social
    Democratic Alliance (SDA) and the Left-Green Movement (LG) formed a
    governing coalition led by Prime Minister Johanna Sigurdardottir (SDA).
    Security forces reported to civilian authorities.
        Reported human rights problems included the incarceration of
    juveniles and adults and of pretrial detainees and convicted prisoners
    in the same cell, societal discrimination against minorities and
    foreigners, violence against women, and trafficking of persons to and
    through the country.
                            respect for human rights
    Section 1. Respect for the Integrity of the Person, Including Freedom
            From:

        a. Arbitrary or Unlawful Deprivation of Life.--There were no
    reports that the Government or its agents committed arbitrary or
    unlawful killings.

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

        c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
    Punishment.--The constitution and law prohibit such practices, and
    there were no reports that government officials employed them.

        Prison and Detention Center Conditions.--Prison and detention
    center conditions generally met international standards. The Government
    permitted monitoring visits by independent human rights observers, but
    no such visits occurred during the year.
        During the year the daily average number of prisoners was 134, and
    the daily average of pretrial detainees was 18. The prison facilities
    could hold 161 prisoners. The Government maintained a separate minimum-
    security prison for female inmates; however, because so few women were
    incarcerated (four on average), some men were also held there. Men
    housed in facilities with women were closely monitored and interacted
    with women only in the common areas; they did not share cellblocks. The
    Government normally held juvenile offenders in nonprison facilities run
    and supervised by the Government Agency for Child Protection. In one
    instance, however, a child was held in detention with adults, since
    there was no separate facility for juveniles in the prison system. The
    penal system held pretrial detainees together with convicted prisoners
    except in those instances when the authorities deemed it necessary to
    place such detainees in solitary confinement.
        When the main prison at Litla-Hraun or in Reykjavik's main pretrial
    detention facility were overcrowded, pretrial detainees were held in
    local police station jails. During the year there was a waiting list of
    276 persons convicted of crimes but unable to serve their sentences due
    to a lack of prison space.
        The Prison and Probation Administration (PPA) decides whether
    convicted prisoners who have received a prison sentence of less than
    six months may serve their sentence in community service rather than in
    jail. The PPA also maintains records to ensure that prisoners do not
    serve beyond the maximum sentence for the charged offense.
        Prisoners and detainees had reasonable access to visitors and
    authorities permitted religious observance.
        The parliament's ombudsman can, on his own initiative, take up a
    prison issue, and he did on several occasions. Authorities permitted
    prisoners and detainees to submit complaints to judicial authorities
    and the parliament's ombudsman without censorship and to request
    investigation of credible allegations of inhumane conditions if they so
    chose. There were no allegations of inhumane conditions during the
    year. The Government investigated and monitored prison and detention
    center conditions.
        The Government permitted independent monitoring of prison
    conditions by local and international human rights groups, the media,
    and the International Committee of the Red Cross, but no such
    monitoring occurred during the year. The Government permitted visits by
    independent human rights observers during the year. Prisoners could,
    and did, request visits from Prisoners' Friends, a group of volunteers
    from the Icelandic Red Cross. The volunteers spoke with prisoners and
    provided them with second-hand clothes upon request. There were no
    prison visits by international human rights monitoring groups during
    the year.
        In May, to ease overcrowding, the Government opened a provisional
    prison with a capacity for 20 inmates at Bitra in the southern part of
    the country.

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

        Role of the Police and Security Apparatus.--Civilian authorities
    maintained effective control over the police, and the Government has
    mechanisms to investigate and punish abuse and corruption. There were
    no reports of impunity involving the security forces during the year.

        Arrest Procedures and Treatment While in Detention.--Police may
    make arrests under a number of circumstances: when they believe a
    prosecutable offense has been committed, when they see a need to
    prevent further offenses or destruction of evidence, when they need to
    protect a suspect, or when a person refuses to obey police orders to
    move. Arrest warrants usually are not employed; the criminal code
    explicitly requires warrants only for arresting individuals who fail to
    appear at court for a hearing or a trial or at a prison to serve a
    sentence.
        Persons placed under arrest must be informed promptly of the
    charges against them, and upon arrival at the police station, those
    arrested are entitled to legal counsel, including government-provided
    counsel for the indigent. Authorities must inform persons under arrest
    of their rights and bring them before a judge within 24 hours of
    arrest. The judge determines whether a suspect must remain in custody
    during the investigation; the judge may grant conditional release,
    subject to assurances that the accused will appear for trial. There was
    no functioning bail system.

        e. Denial of Fair Public Trial.--The constitution provides for an
    independent judiciary, and the Government generally respected judicial
    independence in practice.

        Trial Procedures.--The constitution provides for the right to a
    fair trial, and an independent judiciary generally enforced this right.
    Trials are generally public but may be closed by judges at the
    defendant's request or when minors are involved. Defendants are
    presumed innocent, and courts generally tried cases without delay.
    Courts do not use juries, but multijudge panels are common. Defendants
    have access to legal counsel of their own choosing. For defendants
    unable to pay attorneys' fees, the Government covers the cost; however,
    defendants who are found guilty are required to reimburse the
    Government. Defendants have the right to be present at their trial, to
    confront witnesses, to present witnesses and evidence on their behalf,
    and to participate in the proceedings. They and their attorneys have
    access to government-held evidence relevant to their cases. At the
    discretion of the courts, prosecutors may introduce evidence that
    police obtained illegally. Defendants have the right to appeal, and the
    Supreme Court handles appeals expeditiously. These rights extend to all
    citizens without prejudice.

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

        Regional Human Rights Court Decisions.--During the year the
    European Court of Human Rights (ECHR) issued one decision that found a
    violation by the country of its obligations under the European
    Convention on Human Rights. In April the ECHR ruled that the country's
    law could not compel an employer in the country's building sector to
    contribute to the Federation of Icelandic Industries, a private
    organization that he was not legally obliged to join. The ECHR ordered
    the Government to pay the defendant's legal fees, and the Government
    complied.

        Civil Judicial Procedures and Remedies.--A single court system
    handles both criminal and civil matters. The two levels of the
    judiciary, the district courts and the Supreme Court, were considered
    independent and impartial in civil matters. Lawsuits may seek damages
    for, or cessation of, a human rights violation. Administrative remedies
    are available as well as judicial remedies for alleged wrongs.

        f. Arbitrary Interference With Privacy, Family, Home, or
    Correspondence.--The constitution and law prohibits such actions, and
    the Government generally respected these prohibitions in practice.
        Immigration law allows authorities to conduct house searches
    without a prior court order when there is a significant risk that delay
    would jeopardize an investigation of immigration fraud. Immigration law
    also allows authorities to request DNA tests without court supervision
    in cases where they suspect immigration fraud. There were no reports
    that DNA testing took place during the year.
    Section 2. Respect for Civil Liberties, Including:

        a. Freedom of Speech and Press.--The constitution provides for
    freedom of speech and of the press, and the Government generally
    respected these rights in practice. 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. The independent
    media were active and expressed a wide variety of views without
    restriction.
        The law establishes fines and imprisonment for up to three months
    for persons convicted of publicly deriding or belittling the religious
    doctrines of an active religious organization registered in the
    country. The law also establishes fines and imprisonment for up to two
    years for anyone who publicly ridicules, slanders, insults, threatens,
    or in any other manner publicly assaults a person or a group on the
    basis of their nationality, skin color, race, religion, or sexual
    orientation. There were no reports that authorities invoked the law
    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
    expression of views via the Internet, including by e-mail. According to
    data from Statistics Iceland, during the year approximately 92 percent
    of the country's households had an Internet connection, and 95 percent
    of persons between the ages of 16 and 74 used the Internet.

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

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

        c. Freedom of Religion.--For a complete description of religious
    freedom, please see the 2010 International Religious Freedom Report at
    www.state.gov/g/drl/irf/rpt.

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

        Protection of Refugees.--The country's laws provide for the
    granting of asylum or refugee status and the Government has established
    a system for providing protection to refugees. Human rights advocates,
    however, complained about the ambiguous nature of the asylum system and
    the high refusal rate for asylum applications.
        The Government provided protection against the expulsion or return
    of refugees to countries where their lives or freedom would be
    threatened on account of their race, religion, nationality, membership
    in a particular social group, or political opinion. The Government had
    no fixed refugee acceptance requirements.
        In September parliament amended the law to grant the minister of
    justice and human rights more leeway in postponing the deportation of
    an asylum seeker awaiting a court decision on an appeal. The initial
    request for a postponement must come from the asylum seeker. In
    previous years, human rights advocates criticized the deportation of
    several asylum applicants when their deportation dates came up although
    they were awaiting a court decision on an appeal.
        In practice the Government provided protection against the
    expulsion or return of refugees to countries where their lives or
    freedom would be threatened on account of their race, religion,
    nationality, membership in a particular social group, or political
    opinion.
        During the year the Directorate of Immigration processed 18
    applications for asylum. It gave residence permits on humanitarian
    grounds to six persons and granted refugee status to four asylum
    seekers, one of whom was a dependent. The Directorate of Immigration
    rejected seven asylum applications, one of which was on the basis of
    the Dublin Convention, which allows for the return of refugees and
    asylum seekers to the first country they entered that is also party to
    the regulation. One asylum seeker withdrew his/her application or left
    the country voluntarily.
        Asylum seekers were eligible for government-subsidized health care
    during the processing of their cases, which at times took a year or
    longer. They could enroll their children in public schools after three
    months in the country. Asylum seekers could also obtain work permits
    and attend Icelandic language classes.
        The minister of justice and human rights appoints the head of the
    Directorate of Immigration, which is also the adjudicating body of
    first instance for asylum cases. Some observers asserted that this
    hierarchy could constitute a conflict of interest because asylum
    seekers must appeal denials to the Ministry of Justice and Human
    Rights. If rejected at that level, however, they can appeal to the
    courts.
        Human rights advocates criticized the law for not specifying which
    ``significant human rights reasons'' must underpin granting temporary
    residence (and eligibility for work permits) while asylum cases are
    processed, arguing that the situation created the possible appearance
    of arbitrary decisions. Observers noted that the law was ambiguous
    about the criteria for granting and denying asylum. This ambiguity,
    combined with the small number of approved asylum applications, left
    unclear what considerations were applied in adjudicating the
    applications of asylum seekers. The law allows for accelerated refusal
    of applications deemed to be ``manifestly unfounded.''
        In March the Directorate of Immigration granted a residence permit
    to a male Kenyan asylum seeker and his family on grounds of possible
    repression in Kenya. The country's authorities had deported him to
    Italy in 2008, but the minister of justice and human rights overturned
    the directorate's decision that same year and ordered it to evaluate
    the basis of his asylum claim. His family had not been deported, and
    the Government allowed the man to return to the country and remain
    during the evaluation period.
        The law permits the Government to provide temporary protection to
    individuals who may not qualify as refugees. The Government has never
    made use of this authorization. In September parliament broadened the
    definition of a refugee by granting added protection to individuals who
    are not defined as refugees under the 1951 Convention relating to the
    Status of Refugees but who are in need of protection.
    Section 3. Respect for Political Rights: The Right of Citizens to
            Change Their Government
        The constitution provides citizens the right to change their
    government peacefully, and citizens exercised this right in practice
    through periodic, free, and fair elections based on universal suffrage.

        Elections and Political Participation.--In April 2009 the country
    held parliamentary elections that were considered free and fair. In
    2008 the incumbent president was reelected unopposed. Political parties
    could operate without restriction or outside interference.
        There were 26 women in the 63-seat parliament and four women in the
    10-member cabinet. One of the nine Supreme Court members and 14 of 40
    district court judges were women. No members of minority groups held
    seats in either parliament or the cabinet.
    Section 4. Official Corruption and Government Transparency
        The law provides criminal penalties for official corruption, and
    the Government generally implemented these laws effectively. There were
    no reports of government corruption during the year.
        Most public officials were not subject to financial disclosure
    laws. Members of parliament are expected, but not required, to report
    their financial interests to the parliament's presidium for public
    disclosure. Every member of parliament has registered his or her
    financial interests. In September parliament passed legislation making
    the rules on the financing of political parties more transparent.
        The law provides for public access to government information, and
    the Government provided access in practice for citizens and
    noncitizens, including foreign media. On occasion the Government denied
    legal requests for information based on reasons of confidentiality. The
    Government provided the legal reasons for denials. Appeals against
    refusals by government authorities to grant access to materials may be
    referred to an information committee consisting of three persons
    appointed by the prime minister. Permanent employees of government
    ministries may not be members of the committee.
    Section 5. Governmental Attitude Regarding International and
            Nongovernmental Investigation of Alleged Violations of Human
            Rights
        A number of domestic and international human rights groups
    generally operated without government restriction, investigating and
    publishing their findings on human rights cases. Government officials
    were cooperative and responsive to their views.
        The independent parliament's ombudsman elected by parliament
    monitored and reported to national and local authorities on human
    rights developments to ensure that all residents, whether or not they
    were citizens, received equal protection. Individuals could lodge
    complaints with the ombudsman about the decisions, procedures, and
    conduct of public officials and government agencies. The ombudsman may
    demand official reports, documents, and records; summon officials to
    give testimony; and access official premises. Government agencies
    generally responded to the ombudsman's requests for information and
    documents within a reasonable time. While the ombudsman's
    recommendations are not binding on authorities, the Government
    generally adopted them.
        Parliament's General Committee is responsible for legislative
    oversight of human rights in the country.
    Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
        The constitution and law prohibit discrimination based on race,
    gender, disability, language, and social status. Various laws implement
    these prohibitions, and the Government effectively enforced them.

        Women.--Rape carries a maximum penalty of 16 years in prison.
    Judges typically imposed sentences of one to three years. The law does
    not explicitly address spousal rape. In previous years, the Icelandic
    Counseling and Information Center for Survivors of Sexual Violence
    (Stigamot) noted that the number of reported rapes consistently rose
    faster than the number of convictions. According to national police
    statistics, there were 78 reported rapes in 2009. During that year
    prosecutors brought nine cases to trial and obtained convictions in
    two, but the courts had not ruled on six cases by the end of 2009. In
    2008 convictions were obtained in four of the 13 cases that went to
    trial.
        During the year 118 women sought temporary lodging at the country's
    shelter for women, mainly because of domestic violence. The shelter
    offered counseling to 257 clients. During the year 105 women sought
    assistance at the rape crisis center of the national hospital
    (Landspitali--The National University Hospital of Iceland). Activists
    continued to complain that the burden of proof in rape cases was too
    heavy and discouraged victims from reporting acts of rape and
    authorities from prosecuting them. The Government did not respond
    formally to these concerns.
        The law prohibits domestic violence; however, violence against
    women continued to be a problem. The penalties can range from a fine to
    16 years in prison, depending on the type of violence committed. In
    addition, the law permits judges to increase the sentences of persons
    who commit violence against persons with whom they had a domestic
    relationship or other close bond. However, there were no domestic
    violence cases in which judges actually handed down heavier sentences,
    and one respected activist expressed concern that sentences were too
    lenient.
        Police statistics indicated that the incidence of reported violence
    against women, including rape and sexual assault, was low; however, the
    number of women seeking medical and counseling assistance suggested
    that many incidents went unreported. As of December 22, law enforcement
    agencies reported 195 cases of domestic quarrelling and 284 cases of
    domestic violence to the State Prosecutor's Office. In September the
    Center for Children and Family Research, commissioned by the Ministry
    of Social Affairs and Social Security, released a study indicating that
    0.5-2.0 percent of all women above the age of 18, or between 590 and
    2,360 women, had suffered violence from their spouse or former spouse
    in 2009.
        Some local human rights monitors attributed the underreporting of
    domestic violence and sex crimes to the infrequency of convictions and
    to traditionally light sentences. In the few cases of domestic violence
    that went to court, the courts often continued to base sentences on
    precedent and rarely made full use of the more stringent sentencing
    authority available under the law. According to statistics from the
    Icelandic Counseling and Information Center for Survivors of Sexual
    Violence, in 2009, the latest year for which data was available, 12.4
    percent of its clients pressed charges.
        The Government helped finance the Icelandic Counseling and
    Information Center for Survivors of Sexual Violence, the rape crisis
    center of the national hospital, and other organizations that assisted
    victims of domestic or gender-based violence. In addition to partially
    funding such services, the Government provided help to immigrant women
    in abusive relationships, offering emergency accommodation, counseling,
    and information on legal rights.
        Two laws prohibit sexual harassment. The general penal code
    prohibits sexual harassment and stipulates that violations are
    punishable by imprisonment up to two years. The law on equal status
    defines sexual harassment more broadly as any type of unfair and/or
    offensive sexual behavior--physical, verbal, or symbolic--that is
    unwanted, affects the self-respect of the victim, and continues despite
    a clear indication that the behavior is undesired. The law requires
    employers and organization supervisors to make specific arrangements to
    prevent employees, students, and clients from becoming victims of
    gender-based or sexual harassment. Victims of harassment can report
    incidents to the Complaints Committee on Equal Status. Employers are
    only required to provide their employees with information on the legal
    prohibitions against sexual harassment in workplaces with 25 or more
    employees. Gender equality advocates reported receiving several
    complaints during the year, but there were no court cases.
        Although courts could issue restraining orders, advocates expressed
    concern that such orders were ineffective because courts granted them
    only in extreme circumstances and the court system took too long to
    issue them. Victims of sex crimes were entitled to lawyers to advise
    them of their rights and to help them pursue charges against the
    alleged assailants; however, a large majority of victims declined to
    press charges or chose to forgo trial, in part to avoid publicity.
        Couples and individuals have the right to decide freely and
    responsibly the number, spacing, and timing of their children, and to
    have the information and means to do so free from discrimination,
    coercion, and violence. There were no restrictions on the access to
    contraceptives and maternal health services, including skilled
    attendance during childbirth. Women had easy access to prenatal care,
    essential obstetric care, and postpartum care. Women also used nurses
    and midwives for prenatal and postnatal care unless the mother or child
    suffered more serious health complications. According to UN estimates
    for 2008, the maternal mortality rate in the country was five deaths
    per 100,000 live births. Women were diagnosed and treated for sexually
    transmitted infections, including HIV, equally with men.
        Women enjoy the same legal rights as men, including under the
    family and property laws and in the judicial system. However, despite
    laws that require equal pay for equal work, a pay gap existed between
    men and women. According to a study conducted by the Social Science
    Research Institute of the University of Iceland in 2008, women working
    full time earn 77 percent of the base pay of men who also worked full
    time, noting, however, that men generally worked longer hours. When
    working hours were taken into account, women earn 84 percent of the
    base pay of men. The law states that employers and unions should work
    towards gender equality in the labor market, especially in managerial
    positions, and that employers should work towards declassifying jobs as
    primarily female- or male-oriented. According to the Center for Gender
    Equality (CGE), the Government has taken steps to attract men to
    female-oriented jobs and vice versa, but success was limited. The CGE
    affirmed that many more men than women are in managerial positions.
        The Government funded a center for promoting gender equality to
    administer the Act on Equal Status and Equal Rights of Women and Men.
    The center also provided counseling and education on gender equality to
    national and municipal authorities, institutions, companies,
    individuals, and nongovernmental organizations. The minister of social
    affairs and social security appoints members of the Complaints
    Committee on Equal Status, which adjudicates alleged violations of the
    act. The minister also appoints members of the Equal Status Council,
    drawn from national women's organizations, the University of Iceland,
    and labor and professional groups. The council makes recommendations
    for equalizing the status of men and women in the workplace.
        During the year the Complaints Committee on Equal Status decided in
    the single case brought before it that the law was not breached.

        Children.--Citizenship is derived by birth from one's parents. A
    child acquires the country's citizenship at birth if both parents are
    Icelandic citizens, if the mother is an Icelandic citizen, or if the
    father is an Icelandic citizen and is married to the child's foreign
    mother. However, if a mixed-nationality couple had obtained a judicial
    separation at the time when the child was conceived, the child acquires
    the mother's citizenship. If the child is stateless, he or she can
    become an Icelandic citizen at the age of three. In both cases, the
    child's access to social services depends on whether it has a residence
    permit in Iceland.
        In 2009 local child protection committees, whose work is
    coordinated by the Agency for Child Protection, received 1,734 reports
    of abuse, including 769 reports of emotional abuse, 534 of physical
    abuse, and 447 of sexual abuse. The agency operated three treatment
    centers and a diagnostic facility for abused and troubled minors and
    coordinated the work of 30 committees throughout the country that were
    responsible for managing child protection problems in their local
    areas. The local committees hired professionals with expertise in
    social work and child protection.
        The Government maintained a children's assessment center to
    accelerate prosecution of child sexual abuse cases and to lessen the
    trauma experienced by the child. In 2009 the center conducted 168
    investigative interviews, provided assessments and therapy for 139
    children, and performed 17 medical examinations.
        The children's ombudsman, who is appointed by the prime minister
    but acts independently of the Government, has a mandate to protect
    children's rights, interests, and welfare. When investigating
    complaints, which typically involved physical and psychological abuse
    and inadequate accommodation for children with illnesses or
    disabilities, the ombudsman had access to all public and private
    institutions that housed or otherwise cared for children. The ombudsman
    was not empowered to intervene in individual cases but could
    investigate them for indications of a general trend. The ombudsman
    could also initiate cases at personal discretion. While the ombudsman's
    recommendations are not binding on authorities, the Government
    generally adopted them.
        The law criminalizes statutory rape with incarceration for up to 12
    years. The minimum age for consensual sex is 14. The law prohibits
    child pornography, which is punishable by up to two years in prison.
        The country is a party to the 1980 Hague Convention on the Civil
    Aspects of International Child Abduction. For information on
    international parental child abduction, please see the Department of
    State's annual Report on Compliance with the Hague Convention on the
    Civil Aspects of International Child Abduction at http://
    travel.state.gov/abduction/resources/congressreport/congressreport--
    4308.html.

        Anti-Semitism.--The Jewish community numbered fewer than 100
    individuals. There were no reports of anti-Semitic acts.

        Trafficking in Persons.--For information on trafficking in persons,
    please see the Department of State's annual Trafficking in Persons
    Report at www.state.gov/g/tip.

        Persons With Disabilities.--The law prohibits discrimination
    against persons with physical, sensory, intellectual, and mental
    disabilities. There were no reports of official discrimination in
    employment, education, access to health care, and the provision of
    other state services. The law also provides that persons with
    disabilities receive preference for government jobs when they are at
    least as qualified as other applicants. However, disability rights
    advocates asserted that the law was not fully implemented and that
    persons with disabilities constituted a majority of the country's poor.
        The Government ensured that persons with disabilities have access
    to buildings, information, and communications. Building regulations
    require that public accommodations and government buildings, including
    elevators, be accessible to persons in wheelchairs, that public
    property managers reserve 1 percent of parking spaces (a minimum of one
    space) for persons with disabilities, and that sidewalks outside the
    main entrance of such buildings be kept clear of ice and snow to the
    extent possible. Violations of these regulations are punishable by a
    fine or a jail sentence of up to two years; however, the main
    association for persons with disabilities complained that authorities
    rarely, if ever, assessed penalties for noncompliance.
        The Ministry of Social Affairs and Social Security was the lead
    government body responsible for protecting the rights of persons with
    disabilities. It coordinated the work of six regional offices that
    provided services and support to persons with disabilities. It also
    maintained a diagnostic and advisory center in Reykjavik that sought to
    create conditions allowing persons with disabilities to lead normal
    lives.

        National/Racial/Ethnic Minorities.--Immigrants, mainly from Eastern
    Europe and the Baltic countries, suffered occasional incidents of
    harassment based on their ethnicity.
        In September a father and son of Cuban origin temporarily left the
    country following a series of allegedly racially motivated attacks on
    their family home by two men. The case received significant media
    attention, and the public was generally outraged and showed broad
    support for the father and son. Following the incident, several other
    individuals of non-Icelandic ethnicity came forward saying that they
    had witnessed racism in Icelandic society.

        Societal Abuses, Discrimination, and Acts of Violence Based on
    Sexual Orientation and Gender Identity.--In August an estimated 80,000
    to 100,000 persons attended the annual gay pride march in Reykjavik.
    The Government authorized the march and police provided sufficient
    protection to marchers.
        There were no reports of societal violence or discrimination based
    on sexual orientation in employment and occupation, housing,
    statelessness, or access to education or health care.

        Other Societal Abuses and Discrimination.--There were no reports of
    societal violence or discrimination against persons with HIV/AIDS.
    Section 7. Worker Rights

        a. The Right of Association.--The law allows workers to form and
    join independent unions of their choice without previous authorization
    or excessive requirements, and workers exercised these rights. Labor
    unions were independent of the Government and political parties.
    Approximately 80 to 85 percent of workers belonged to unions. Workers
    had the right to strike and exercised this right in practice. The
    Government has imposed mandatory mediation when strikes have threatened
    key sectors in the economy, such as in the fishing industry. In March
    parliament passed a bill prohibiting a strike by the approximately 165
    aircraft mechanics employed by Icelandair, which would have been forced
    to cancel many of its flights had the Government not taken this
    measure.

        b. The Right to Organize and Bargain Collectively.--The law allows
    unions to conduct their activities without interference and prohibits
    antiunion discrimination and employer interference in union functions,
    and the Government protected these rights in practice. The law allows
    workers, including foreign workers, to bargain collectively, and
    workers exercised this right in practice. Collective bargaining
    agreements covered approximately 100 percent of the workforce.
        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 women were trafficked to the country from Eastern Europe,
    Africa, and Brazil for sexual exploitation. There were also reports of
    persons being trafficked to the country to work in the construction,
    manufacturing, and restaurant industries. See the Department of State's
    annual Trafficking in Persons Report at www.state.gov/g/tip.

        d. Prohibition of Child Labor and Minimum Age for Employment.--The
    Government effectively implemented laws and policies to protect
    children from exploitation in the workplace.
        The law prohibits the employment of persons younger than 16 years
    of age in factories, on ships, or in other places that are hazardous or
    require hard labor; this prohibition was enforced in practice. Children
    who are 14 or 15 years of age may work part time or during school
    vacations in light, nonhazardous jobs. Their work hours must not exceed
    the ordinary work hours of adults in the same positions. The
    Administration of Occupational Safety and Health (AOSH) enforced child
    labor regulations effectively.

        e. Acceptable Conditions of Work.--The law does not establish a
    minimum wage. The minimum wages negotiated in various collective
    bargaining agreements applied automatically to all employees in those
    occupations, including foreign workers, regardless of union membership.
    While the agreements can be either industry-wide, sector-wide, or in
    some cases firm-specific, the negotiated wage levels are occupation-
    specific. Labor contracts provided a decent standard of living for a
    worker and family.
        The standard legal workweek is 40 hours, including nearly three
    hours of paid breaks a week. Work exceeding eight hours per day must be
    compensated as overtime. Overtime pay does not vary significantly
    across unions, but unions determine the terms of overtime pay when
    negotiating a bargaining agreement with the employer's association.
    Workers are entitled to 11 hours of rest within each 24-hour period and
    to a day off every week. Under special defined circumstances, employers
    may reduce the 11-hour rest period to no less than eight hours, but
    they must then compensate workers with one-and-a-half hours of rest for
    every hour of reduction. They may also postpone a worker's day off, but
    the worker must receive the corresponding rest time within 14 days.
    Foreign workers are entitled to the same protections in terms of
    working time and rest periods as citizens. The AOSH effectively
    enforced these regulations.
        There were indications that undocumented foreign workers--primarily
    men in the construction and restaurant industries--were underpaid and
    required to work long hours while living in substandard housing or even
    sleeping at building sites. Most sources stressed that the men
    willingly worked illegally to earn more than they might have expected
    in their East European or Baltic home countries. The size of the
    immigrant labor force shrank drastically because of the country's
    financial and economic crisis that began in 2008.
        The law sets health and safety standards, and the Ministry of
    Social Affairs and Social Security administers and enforces them
    through the AOSH, which conducted both proactive and reactive
    inspections. The ministry can close workplaces that fail to meet safety
    and health standards. Workers have a collective, but not individual,
    right to refuse to work at a job that does not meet occupational safety
    and health criteria. It is illegal to fire workers for reporting unsafe
    or unhealthy conditions, and this law generally was observed in
    practice.

                                   __________

                                    IRELAND

        Ireland, with a population of approximately 4.1 million, is a
    multiparty parliamentary democracy with an executive branch headed by a
    prime minister, a bicameral parliament (Oireachtas), and a directly
    elected president. The country held free and fair parliamentary
    elections in 2007. Security forces reported to civilian authorities.
        During the year there were some reports of police abuse of
    authority and inadequate care for prisoners with mental disabilities.
    Domestic violence; mistreatment of children; trafficking in persons;
    and discrimination against racial minorities, immigrants, and
    Travellers were problems.
                            respect for human rights
    Section 1. Respect for the Integrity of the Person, Including Freedom
            From:

        a. Arbitrary or Unlawful Deprivation of Life.--There were no
    reports that the Government or its agents committed arbitrary or
    unlawful killings. The Government actively cooperated with authorities
    of the United Kingdom in Northern Ireland in efforts to solve killings
    and disappearances, and to recover and identify remains related to the
    activities of armed political dissidents on both sides of the Ireland-
    Northern Ireland border.

        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. Reports by the
    ombudsman of the national police, which administers the prisons, as
    well as from the prison chaplain office found no incidents of cruel,
    inhuman, or degrading treatment or punishment.
        Siochana (national police) Ombudsman Commission (GSOC) alleged
    3,509 instances of incorrect behavior by the police, of which 1,178
    were deemed inadmissible. The GSOC also received 1,543 queries from the
    general public relating to the procedure for filing complaints. The
    largest number of allegations related to abuse of authority, followed
    by neglect of duty. Approximately 15 percent of the allegations were
    for nonfatal offenses against the person. The overall number of
    complaints and allegations against police officers decreased
    approximately 15-25 percent from the previous year.

        Prison and Detention Center Conditions.--While prison conditions
    generally met international standards, there were some problems. The
    Government allegedly inappropriately held some mentally ill prisoners
    in prisons rather than in mental health care facilities. The Irish
    Prison Service investigated the case of a mentally ill, homeless woman
    who was forcibly removed from prison despite saying she had nowhere to
    go.
        Prison overcrowding was a problem. According to the 2009 Irish
    Prison Service annual report, prisons averaged a 95 percent occupancy
    rate, with several prisons exceeding their capacity.
        Mountjoy Prison was built for 489 prisoners; the Inspector of
    Prisons has stated that it cannot safely accommodate more than 540
    prisoners, but the stated ``bed capacity'' was 630. As of the end of
    July, it held 759 prisoners. There was structured activity for a
    maximum of 391 prisoners.
        Vulnerable prisoners at risk of self-harm and suicide were placed
    in safety observation cells for weeks at a time because there was no
    high-support unit at Mountjoy Prison, according to a report by the
    Mental Health Commission. The Mental Health Commission was concerned
    that observation cells were the only resources available to treat
    vulnerable prisoners at Mountjoy. The Mental Health Commission also
    criticized prison authorities for giving nursing staff the authority to
    place prisoners in cells without the standard four-hour review required
    at approved mental health facilities.
        The Irish Prison Chaplains' Annual Report criticized overcrowding
    at Limerick Prison, where, on July 23, there were 322 prisoners
    detained in a facility originally built for 185.
        At times authorities held detainees awaiting trial in the same
    facilities as convicts. Although the country maintained facilities to
    provide for separation between children and young adults, authorities
    held a small number of 17-year-olds with specific individual needs,
    including the need for higher security, with young adults.
        Prisoners and detainees had reasonable access to visitors and were
    permitted religious observance. Authorities permitted prisoners and
    detainees to submit complaints to judicial authorities without
    censorship and to request investigation of credible allegations of
    inhumane conditions. Authorities investigated allegations of inhumane
    conditions and documented the results of such investigations in a
    publicly accessible manner. The Government investigated and monitored
    prison and detention center conditions.
        Human rights groups continued to criticize understaffing and poor
    infrastructure at the Central Mental Health Hospital in Dundrum, the
    country's only secure hospital for prisoners with mental disabilities.
        The Government permitted prison visits by domestic and
    international human rights observers, including the International
    Committee of the Red Cross. From January 25 to February 5, a delegation
    from the Council of Europe's Committee for the Prevention of Torture
    (CPT) carried out a visit to prisons, detention centers, and
    psychiatric institutions in the county. The CPT's did not make the
    report on the visit by year's end.
        The country does not have an ombudsman who can address such matters
    as alleviating overcrowding by offering alternatives to incarceration
    for nonviolent offenders; monitoring the circumstances of confinement
    of juvenile offenders; and ensuring that prisoners do not serve beyond
    the maximum sentence for the charged offense by improving pretrial
    detention, bail, and recordkeeping procedures.

        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 national police and the army,
    which was authorized to act when necessary in support of the unarmed
    police. The Government has effective mechanisms to investigate and
    punish abuse and corruption. There were no reports of impunity
    involving the security forces during the year; however, there were
    isolated problems of abusive behavior, which the Government
    investigated and punished.

        Arrest Procedures and Treatment While in Detention.--An arrest
    requires a warrant except in situations requiring immediate action for
    the protection of the public. Authorities must inform detainees
    promptly of the charges against them and, with few exceptions, cannot
    hold them longer than 24 hours without charge. For crimes involving
    firearms, explosives, or membership in an unlawful organization, a
    judge may extend detention for an additional 24 hours upon the police
    superintendent's request. The law permits detention without charge for
    up to seven days in cases involving suspicion of drug trafficking;
    however, to hold such a suspect longer than 48 hours, police must seek
    a judge's approval.
        Upon their arrest, the law permits detainees and prisoners prompt
    and unrestricted access to attorneys. If the detainee does not have an
    attorney, the court appoints one; for indigent detainees, the
    Government provides. The law allows detainees prompt access to family
    members.
        The law requires that authorities bring a detainee before a
    district court judge ``as soon as possible'' to determine bail status
    pending a hearing. The law allows a court to refuse bail to a person
    charged with a crime that carries a penalty of five years' imprisonment
    or more, or when deemed necessary to prevent the commission of another
    serious offense.

        e. Denial of Fair Public Trial.--The constitution provides for an
    independent judiciary, and the Government generally respected judicial
    independence in practice.

        Trial Procedures.--The law provides for the right to a fair trial,
    and an independent judiciary generally enforced this right.
        The director of public prosecutions prosecutes criminal cases.
    Courts generally used jury trials in criminal cases, and the accused
    may choose an attorney. Indigent defendants have the right to an
    attorney at public expense. Defendants enjoy the presumption of
    innocence and have the right to present evidence, question witnesses,
    and appeal.
        The law explicitly allows ``special courts'' to be created when
    ``ordinary courts are inadequate to secure the effective administration
    of justice and the preservation of public peace and order.'' A nonjury
    ``special criminal court'' tries all cases the director of public
    prosecutions certifies to be beyond the capabilities of an ordinary
    court. The judicial branch selects the three judges making up the
    special court, which usually includes one high court judge, one circuit
    court judge, and one district court judge. The panel reaches its
    verdicts by majority vote. The rules of evidence are generally the same
    as in regular courts, but the court accepts a sworn statement of a
    police chief superintendent identifying the accused as a member of an
    illegal organization as prima facie evidence of such membership.
    Special criminal court proceedings are generally public, but judges may
    exclude certain persons other than journalists. Both defendants and
    prosecutors may appeal special criminal court decisions to the court of
    criminal appeal.
        The constitution allows the parliament to create tribunals, with
    limited powers, to investigate designated matters, usually cases of
    government corruption. They do not try cases; however, if warranted,
    their findings may be the basis for formal charges. In each instance,
    the legislation creating the tribunal sets out its powers and rules of
    procedure. Authorities established some tribunals to last indefinitely
    and established others only for a specific task.

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

        Regional Human Rights Court Decisions.--On September 10, the Grand
    Chamber of the European Court of Human Rights (ECHR) issued a judgment
    in the case of McFarland v. Ireland that found that the state had
    violated articles 6 (right to a fair trial) and 13 (right to an
    effective remedy) of the European Convention on Human Rights. The ECHR
    ordered the Government to pay the applicant, Brendan McFarlane, 5,500
    euros ($7,370) in non-pecuniary damages and 10,000 euros ($13,400) in
    court costs.
        The applicant, Brendan McFarlane, lodged the complaint on grounds
    of alleged false imprisonment related to his 1998 arrest for unlawful
    possession of firearms. McFarlane claimed that delayed proceedings and
    lack of access to certain evidence had deprived him of his right to a
    fair trial. His complaint to the European Court of Justice stated that
    because of delays, key evidence in his defense was lost.
        The Government has said that it intends to comply with the
    judgment, and has three months to pay the non-pecuniary damages.

        Civil Judicial Procedures and Remedies.--The independent and
    impartial judicial system hears civil cases and appeals on civil
    matters, including damage claims resulting from human rights
    violations; such claims may be brought before all appropriate courts,
    including the Supreme Court.

        f. Arbitrary Interference With Privacy, Family, Home, or
    Correspondence.--The constitution prohibits such actions, and the
    Government generally respected these prohibitions in practice.
    Section 2. Respect for Civil Liberties, Including:

        a. Freedom of Speech and Press.--The constitution provides for
    freedom of speech, and the Government generally respected this right in
    practice.
        The constitution provides for freedom of the press with the
    qualification that it not ``undermine public order or morality or the
    authority of the state.'' The constitution prohibits the publication or
    utterance of ``blasphemous, seditious, or indecent'' material. The law
    provides that a person can be found guilty of blasphemy if ``he or she
    publishes or utters matter that is grossly abusive or insulting in
    relation to matters held sacred by any religion, thereby causing
    outrage among a substantial number of the adherents of that religion.''
    The maximum penalty for this offense is a 25,000 euro ($33,500) fine.
        The law proscribes words or behaviors that are likely to generate
    hatred against persons in the country or elsewhere because of their
    race, nationality, religion, national origins, or sexual orientation.
    There were no reports that authorities invoked these provisions during
    the year.
        The law empowers the Government to prohibit the state-owned radio
    and television network from broadcasting any material ``likely to
    promote or incite to crime or which would tend to undermine the
    authority of the state.'' Authorities did not invoke this prohibition
    during the year.
        The independent media were active and expressed a wide variety of
    views without government restriction.
        The Censorship of Publications Board has the authority to censor
    books and magazines it finds indecent or obscene. The board did not
    exercise this authority during the year.
        The Irish Film Classification Office (IFCO) must classify films and
    videos before they can be shown or sold; it must cut or prohibit any
    film that is ``indecent, obscene, or blasphemous'' or which tends to
    ``inculcate principles contrary to public morality or subversive of
    public morality.'' During the year the IFCO did not prohibit any films
    or videos.

        Internet Freedom.--There were no government restrictions on access
    to the Internet or reports that the Government monitored e-mail or
    Internet chat rooms. Individuals and groups could engage in the
    peaceful expression of views via the Internet, including by e-mail.
    According to International Telecommunication Union statistics, during
    the year approximately 66 percent of the country's inhabitants used the
    Internet.

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

        b. Freedom of Peaceful Assembly and Association.--The constitution
    provides for freedom of assembly and association, and the Government
    generally respected this right. The law allows the state to ``prevent
    or control meetings'' that authorities believe would breach the peace
    or to be a danger or nuisance to the general public.

        c. Freedom of Religion.--For a complete description of religious
    freedom, please see the 2010 International Religious Freedom Report at
    www.state.gov/g/drl/irf/rpt.

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

        Protection of Refugees.--The country's laws provide for the
    granting of asylum or refugee status, and the Government has
    established a system for providing protection to refugees.
        A refugee in Irish law is someone who ``owing to a well-founded
    fear of being persecuted for reasons of race, religion, nationality,
    membership of a particular social group or political opinion, is
    outside the country of his or her nationality and is unable or, owing
    to such fear, unwilling to avail himself or herself of the protection
    of that country...'' The law provides that a social group can include
    membership of a trade union or a group of people whose defining
    characteristic is sexual orientation.
        Refugee status is granted if an applicant meets the requirements
    set out in the above definition. If granted, this status provides
    protection against return to the person's country of origin or
    residence, and includes the right to family reunification of immediate
    family members. Recognized refugees are entitled to work or operate a
    business and to access medical, social welfare and education services
    on the same basis as Irish citizens. They are also provided with a
    residence permit.
        In practice the Government provided protection against the
    expulsion or return of refugees to countries where their lives or
    freedom would be threatened on account of their race, religion,
    nationality, membership in a particular social group, or political
    opinion.
        The Government operated a resettlement program that accommodates up
    to 200 persons per year on referral from the UNHCR or identified
    through selection missions to existing UNHCR refugee operations.
        There were no reports of discrimination against refugees,
    restrictions on their ability to work, or access to education and law
    enforcement.
    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.--Observers reported that the
    2007 parliamentary elections were free and fair. Political parties
    could operate without restriction or outside interference.
        There were 22 women in the 166-seat house of representatives (Dail
    Eireann) and 12 women in the 60-seat senate (Seanad Eireann). The
    president of the republic was a woman, as were three of the 15
    government ministers. There were five women on the 34-member High Court
    and two on the eight-member Supreme Court.
        There were no minorities in the lower house, the senate, or the
    cabinet.
    Section 4. Official Corruption and Government Transparency
        The law provides criminal penalties for official corruption, and
    the Government generally implemented these laws effectively. During the
    year there were some allegations of government corruption; there were
    no confirmed reports of police corruption.
        Public officials were subject to financial disclosure laws. The
    Revenue Commission in the Department of Finance is responsible for
    identifying and combating government corruption.
        The law provides for public access to government information and
    requires government agencies to publish information on their activities
    and make such information available to citizens, noncitizens, and
    foreign media upon request. Authorities generally granted public
    information requests and did not charge prohibitive fees. There were
    mechanisms for appealing denials.
        There were no reports of any corporation based in or operating
    under the jurisdiction of Ireland that through illicit trade in natural
    resources, supported armed groups accused of committing abuses.
    Section 5. Governmental Attitude Regarding International and
            Nongovernmental Investigation of Alleged Violations of Human
            Rights
        A number of domestic and international human rights groups
    generally operated without government restriction, investigating and
    publishing their findings on human rights cases. Government officials
    were cooperative and responsive to their views.
        The country has an ombudsman for the press and a human rights
    commission.
        The Irish Human Rights Commission (IHRC) was established under
    statute in 2000 to promote and protect those rights, liberties, and
    freedoms guaranteed under the constitution and under international
    agreements, treaties, and conventions to which the country is a party
    for all persons living or present in Ireland.
        The IHRC fulfills its statutory mandate by: Promoting awareness
    about human rights; Promoting and providing human rights education and
    training; Recommending to government how human rights standards should
    be reflected in legislation, policy, and practice; Promoting debate
    around human rights issues as part of the legislative process;
    Appearing before the High Court and Supreme Court to assist the courts
    with the interpretation of human rights standards in specific cases;
    Carrying out inquiries into human rights concerns; Publishing and
    promoting research and reports on human rights.
    Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
        The law prohibits discrimination in employment on the basis of
    gender, marital status, family status, sexual orientation, religion,
    age, disability, race, and membership in the Traveller community, and
    the Government sought to enforce the law; however, discrimination
    against racial and ethnic minorities, including immigrants and
    Travellers, remained a problem.

        Women.--The law criminalizes rape, including rape within marriage,
    and the Government enforced it. The law provides for free legal advice
    to victims of serious sexual assault. There were 2,250 sexual offenses
    reported to authorities, including 436 rapes. The police and judicial
    authorities showed no reluctance to investigate and prosecute rape or
    sexual assaults. Most of the persons convicted received prison
    sentences of between five and 12 years.
        The law criminalizes domestic violence, but such violence continued
    to be a problem. The law authorizes prosecution of a violent family
    member and provides victims with safety orders that prohibit a person
    from engaging in violent actions or threats and orders that bar an
    offender from entering the family home for up to three years. Victims
    may apply for interim protection while courts process their cases.
    Violations of these orders are punishable by a fine of up to 1,900
    euros ($2,546).
        The police have the power to arrest and prosecute any person for
    illegal violent acts, including those committed against a family
    member. Under the law there are two main kinds of protection available:
    a safety order and a barring order.
        A safety order is an order of the court prohibiting the violent
    person from further violence or threats of violence. A barring order is
    an order requiring the violent person to leave the family home, to
    refrain from further violence or threats of violence, and not to come
    into the close proximity of the family home.
        There were over 14,000 incidents of domestic violence disclosed to
    the Women's Aid Helpline. These included 8,629 incidents of emotional
    abuse, 3,479 incidents of physical abuse, and 1,679 incidents of
    financial abuse.
        The Government funded centers throughout the country for victims of
    domestic abuse. Several NGOs complained about a lack of bed spaces in
    domestic refuge shelters.
        The law obliges employers to prevent sexual harassment and
    prohibits dismissing an employee for making a complaint of sexual
    harassment. The Equality Authority investigates claims of unfair
    dismissal and may require an employer to reinstate the employee or pay
    the employee up to 104 weeks' pay. Authorities effectively enforced the
    law in the cases of reported sexual harassment.
        Couples and individuals have the right to decide freely and
    responsibly the number, spacing, and timing of their children, and to
    have the information and means to do so, free from discrimination,
    coercion, and violence. Women had access to contraception and skilled
    attendance during childbirth. According to information compiled by
    international organizations, the maternal mortality rate in 2009 was
    approximately three deaths per 100,000 live births. The neonatal
    mortality rate was approximately four deaths per 1,000 live births.
    Women were not subject to coercive family planning. Men and women were
    diagnosed and treated equally for sexually transmitted infections,
    including HIV. There are no legal barriers that prevent women from
    taking advantage of these services.
        Women enjoy the same legal rights as men, including rights under
    family law, property law, and in the judicial system. However,
    inequalities in pay and promotions persisted in both the public and
    private sectors. The average earnings of a woman were 78 percent of
    those of a man doing similar work. Women constituted 43 percent of the
    labor force but were underrepresented in senior management positions.

        Children.--A person born on the island of Ireland, including
    Northern Ireland, after January 1, 2005 is automatically an Irish
    citizen if at least one parent is an Irish citizen, a British citizen,
    a resident of either the Republic of Ireland or Northern Ireland
    entitled to reside in either without time limit, or a legal resident of
    the Republic of Ireland or Northern Ireland for three out of the four
    years preceding the child's birth (excluding time spent as a student or
    an asylum seeker).
        In 2009 the Dublin Rape Crisis Center reported that 52.8 percent of
    the calls to its crisis line involved child sexual abuse. The law
    requires government health boards to identify and help children who are
    not receiving adequate care and gives police the authority to remove
    children from the family if there is an immediate and serious risk to
    their health or welfare.
        Unaccompanied minors entering the country continued to be a matter
    of concern. During the year, 11 unaccompanied children seeking asylum
    in the country went missing from government care, according to figures
    released by the Health Service Executive. The missing children are all
    under 18 years old and arrived in the country without parents or
    guardians. Six of the 11 children were later found. Unaccompanied
    children who seek asylum are considered vulnerable to exploitation
    because they do not have parents or guardians in the country.
        Numerous NGOs offered support for abuse victims, as well as
    resources for parents and professionals who work with children. The
    construction of a national children's hospital in Dublin was delayed
    because of budgetary constraints.
        The Ombudsman for Children investigates complaints from children or
    persons acting on their behalf against various governmental and
    nongovernmental bodies and promotes child welfare. The ombudsman
    provides an independent complaints handling service in regard to public
    bodies, as well as promoting children's rights through participation
    and communication activities.
        The country is a party to the 1980 Hague Convention on the Civil
    Aspects of International Child Abduction. For information on
    international parental child abduction, please see the Department of
    State's annual on compliance at http://travel.state.gov/abduction/
    resources/congressreport/congressreport--4308.html as well as country-
    specific information at http://travel.state.gov/abduction/country/
    country--3781.html.

        Anti-Semitism.--According to the 2006 census, the Jewish community
    numbered 1,930 persons.
        There were no reports of anti-Semitic acts during the year.
        In August an anti-Semitic Facebook site was taken down by the
    company. The name of the site was ``The Invasion of Jews in Midleton''
    and contained negative anti-Semitic stereotypes and jokes about the
    Holocaust. Representatives of the Jewish community reported being
    saddened and startled by the incident.
        There were no developments and none were expected in the cases of
    the 2008 anti-Semitic voice message left on the answering machine of
    the Dublin Hebrew Congregation or the May 2008 painting of anti-Semitic
    slogans and a swastika on the home of a Jewish couple in Tuam.

        Trafficking in Persons.--For information on trafficking in persons,
    please see the Department of State's annual Trafficking in Persons
    Report at www.state.gov/g/tip.

        Persons With Disabilities.--The law prohibits discrimination
    against persons with physical, sensory, intellectual and mental
    disabilities in employment, education, access to health care, and the
    provision of other state services or other areas; and the Government
    effectively enforced these provisions. The Government effectively
    implemented laws and programs to ensure that persons with disabilities
    have access to buildings, information, and communications. The
    Government does not restrict the right of persons with disabilities to
    vote or participate in civic affairs. The National Disability Authority
    has responsibility for setting and implementing disability standards,
    as well as directing disability policy.

        National/Racial/Ethnic Minorities.--The law prohibits
    discrimination based on language or social status, and the Government
    enforced the law; however, societal discrimination and violence against
    immigrants, and racial and ethnic minorities continued to be a problem.
        There were racially motivated incidents involving physical
    violence, intimidation, graffiti, and verbal slurs. NGOs reported
    problems with landlords refusing to rent property to immigrants who
    were not born in Ireland. NGOs also reported that immigrants,
    particularly Africans, suffered unemployment disproportionately during
    the economic downturn.
        According to the 2006 census, 22,369 persons identified themselves
    as members of an indigenous nomadic group called ``Travellers,'' with a
    distinct history and culture. The Government recognizes Travellers as a
    social group rather than a distinct ethnic group. Travellers faced
    societal discrimination and were denied access to premises, goods,
    facilities, and services, despite applicable antidiscrimination laws
    and longstanding government policies to redress imbalances.
        Despite national regulations, Travellers frequently experienced
    difficulties enrolling their children in school. Of the estimated 5,000
    Traveller families, approximately 1,000 lived at sites without
    electricity or sanitary facilities. Many Travellers depended on social
    welfare for survival, and their participation in the economy was
    limited by discrimination and lack of education.
        The law obliges local officials to develop accommodations for
    Travellers and to solicit Traveller input into the process. Traveller
    NGOs asserted that many communities provided Travellers with housing,
    such as government-owned apartments or townhouses, which was
    inconsistent with the nomadic Traveller lifestyle, or provided
    transient caravan-camping sites that did not include basic amenities
    such as sanitary facilities, electricity, and water.

        Societal Abuses, Discrimination, and Acts of Violence Based on
    Sexual Orientation and Gender Identity.--Most cities and many towns
    celebrated gay pride with parades and festivals. The Government
    endorsed these activities and provided sufficient protection.

        Other Societal Violence or Discrimination.--There were no reports
    of discrimination against persons with HIV/AIDS.
    Section 7. Worker Rights

        a. The Right of Association.--The law provides workers with the
    right to form and join independent unions of their choice without
    previous authorization or excessive requirements, and these rights were
    respected in practice. Approximately 33 percent of workers in the
    private sector and 95 percent in the public sector were unionized.
    Among foreign-owned firms, an estimated 80 percent of workers did not
    belong to unions, although pay and benefits were usually more
    attractive compared with domestic firms. Police and military personnel
    may form associations, but technically not unions, to represent them in
    matters of pay, working conditions, and general welfare. The law allows
    unions to conduct their activities without government interference, and
    this right was exercised in practice. The law provides for the right to
    strike, except for police and military personnel, and workers exercised
    this right in both the public and private sectors.

        b. The Right to Organize and Bargain Collectively.--Labor unions
    have the right to pursue collective bargaining and in most instances
    did so freely; however, the law did not require employers to engage in
    collective bargaining, and they did not encourage it.
        There were no reports of antiunion discrimination.
        There are no special laws or exemptions from regular labor laws in
    the export processing zone at the Shannon airport.

        c. Prohibition of Forced or Compulsory Labor.--The law prohibits
    forced or compulsory labor, including by children; however, there were
    reports that such practices occurred. NGOs reported that men and women
    were trafficked into the country for work in the construction industry,
    commercial fishing, as domestic servants in private homes, or in
    agriculture. Trafficked women and girls were forced into prostitution.
    NGOs believed a number of Romani children have been trafficked for the
    purpose of forced begging; however, given the difficulty in
    understanding Romani family structures, they could not confirm that the
    children were not with a natural parent. Officials asserted that while
    trafficking and labor exploitation occurred, the magnitude of the
    problem was small.
        The Government partnered with the International Labor Organization
    in its antitrafficking initiative and formed a labor exploitation
    working group involving members from trade unions and employer
    organizations.
        Also see the Department of State's annual Trafficking in Persons
    Report at www.state.gov/g/tip.

        d. Prohibition of Child Labor and Minimum Age for Employment.--The
    Government implemented laws and policies to protect children from
    exploitation in the workplace, and the Government effectively enforced
    these laws. Children were trafficked for commercial sexual
    exploitation, forced begging, and work in restaurants and domestic
    service. Also see the Department of State's annual Trafficking in
    Persons Report at www.state.gov/g/tip.
        Under the law, employers may not hire children under the age of 16
    in a regular, full-time job. Employers may hire 14- or 15-year-olds for
    light work on school holidays as part of an approved work experience or
    educational program. Employers may hire children over the age of 15 on
    a part-time basis during the school year. The law establishes rest
    intervals and maximum working hours, prohibits the employment of 18-
    year-olds for late night work, and requires employers to keep detailed
    records on workers under 18 years of age. The Office of the Labor
    Inspectorate at the Department of Enterprise, Trade, and Employment is
    responsible for enforcement and was generally effective.

        e. Acceptable Conditions of Work.--The national minimum hourly
    wage, which was 8.65 euros ($11.60) for most of the reporting period,
    was reduced to7.65 euros ($10.25) in December as a budgetary austerity
    measure. Low-income families were entitled to such benefits as
    subsidized housing, medical coverage, and children's allowances to
    compensate for low wages. Legally resident foreign migrant workers are
    also eligible for this type of assistance. During the year reports
    persisted that the pay of foreign migrant workers was at times below
    the minimum wage, particularly in the rural agricultural and
    construction sectors. Laws establishing and regulating wage levels do
    not explicitly cover foreign migrant workers.
        The Government operated a labor-monitoring agency independent of
    the Department of Enterprise, Trade, and Employment. The agency was
    active and effective.
        The standard workweek is 39 hours. The law limits working hours in
    the industrial sector to nine hours per day and 48 hours per week. The
    law limits overtime work to two hours per day, 12 hours per week, and
    240 hours per year. The Government effectively enforced these
    standards. Although there is no statutory entitlement, premium pay for
    overtime could be arranged between employer and employee.
        The Department of Enterprise, Trade, and Employment is responsible
    for enforcing occupational safety laws, and these laws provided
    adequate and comprehensive protection. There were no complaints from
    either labor or management during the year regarding shortcomings in
    enforcement. Regulations provide workers with the right to remove
    themselves from dangerous work situations that present a ``serious,
    imminent, and unavoidable risk'' without jeopardy to their continued
    employment, and authorities effectively enforced this right.

                                   __________

                                     ITALY

        Italy is a multiparty parliamentary democracy with a population of
    approximately 60 million. The bicameral parliament consists of the
    Chamber of Deputies and the Senate. The constitution vests executive
    authority in the Council of Ministers, headed by the president of the
    council (the prime minister). The president, who is the head of state,
    nominates the prime minister after consulting with the leaders of all
    political forces in the parliament. International observers considered
    the 2008 national parliamentary elections free and fair. Security
    forces reported to civilian authorities.
        Principal human rights problems were lengthy pretrial detention;
    excessively long court proceedings; violence against women; trafficking
    in persons; and reports of negative attitudes and harassment of gays,
    lesbians, Roma, and other minorities.
                            respect for human rights
    Section 1. Respect for the Integrity of the Person, Including Freedom
            From:

        a. Arbitrary or Unlawful Deprivation of Life.--The Government or
    its agents did not commit any politically motivated killings, however,
    during the year security forces were involved in several controversial
    killings.
        On February 6, police in Bergamo shot and killed a Moroccan
    immigrant, Aziz Amiri. Press reports state that the decedent's car
    rammed a military vehicle when it was subjected to a traffic stop.
    Prosecutors opened an investigation for disproportionate use of force
    by police as they attempted to arrest Amiri.
        On October 9, the parents of Federico Aldrovandi agreed to a two-
    million-euro ($2.7 million) settlement with the Ministry of the
    Interior over the death of their son from a beating by four police
    officers in 2005. In July 2009 the court in Ferrara sentenced the four
    police officers to 42 months in prison for manslaughter. On March 5,
    three of the officers were found guilty of dereliction of duty and
    abetting dereliction. On December 10, the trial against the fourth
    officer began.
        On October 14, a court in Rome sentenced a police inspector, Paolo
    Morra, to 10 years in prison and three years in a psychiatric hospital
    for the killing of his neighbor, Cheikh Diouf, a Senegalese immigrant.
    The incident, which took place in Civitavecchia in January 2009, was
    the result of a minor dispute.
        On December 1, the Appeals Court of Florence sentenced a police
    officer, Luigi Spaccarotella, to nine years and four months'
    imprisonment for the murder of Gabriele Sandri during a fight between
    rival soccer fans in Arezzo in 2007. Spaccarotella had been sentenced
    to six years in jail for manslaughter in July 2009, but the appeals
    court ruled that the killing was voluntary.
        Doctors who performed the autopsy in the March 2009 case of the
    Algerian man who died in a center for identification and expulsion in
    Rome determined that his death was the result of a heart attack. Other
    detainees had claimed that police officers had beaten him. The results
    of an internal investigation by the Ministry of the Interior have not
    been released.
        In September 2009 a trial against two police officers charged with
    the murder of Giuseppe Turrisi, a man who was living in a homeless
    shelter, began in Milan. A final ruling on the case was not reported as
    of year's end.

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

        c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
    Punishment.--The law prohibits such practices; however, there were
    reports that police occasionally used excessive force against persons,
    particularly Roma and immigrants, detained in connection with common
    criminal offenses or in the course of identity checks.
        On October 19, two police officers were indicted for having
    restrained and beaten a man who had stolen a car in Milan in August
    2009. Another officer was put on trial for aiding and abetting his two
    colleagues.
        On December 7, a trial began against eight Parma police officers
    charged with assaulting Emmanuel Bonsu Foster while arresting him in
    2008 on drug charges.
        On April 4, the Council of Europe's Committee for the Prevention of
    Torture (CPT) published the report of its 2008 visit to the country's
    prisons and detention facilities. The CPT reported that in general
    detained persons were correctly treated and that overall conditions
    were satisfactory, but that the country's prisons and detention
    facilities nevertheless had significant problems.
        While most detained persons that the CPT interviewed reported that
    police treated them correctly in custody, the CPT did receive a number
    of allegations of physical mistreatment and excessive use of force by
    police and Carabinieri officers and, to a lesser extent, by officers of
    the financial police. The alleged mistreatment consisted in the main of
    punches, kicks, or blows with batons at the time of apprehension and,
    on occasion, during custody in a law enforcement establishment. Most of
    the allegations related to police and Carabinieri officers in the
    Brescia area. In a number of cases, the CPT found medical evidence
    consistent with the allegations.
        On June 17, the Appeals Court of Genoa sentenced Gianni De Gennaro,
    who was head of the National Police during protest demonstrations at
    the 2001 G-8 Summit, to 16 months' imprisonment for having induced
    police officers to give false testimony regarding police behavior
    toward the protesters. However, De Gennaro retained his position as the
    director of the department responsible for oversight of Italy's two
    main intelligence agencies. His lawyers planned to appeal the case to
    the Supreme Court, but a date for the final ruling on the case has not
    been set.
        On March 5, an appeals court sentenced seven police officers to
    prison terms of 12 to 38 months for the ``inhuman or degrading
    treatment,'' including assault, on some detained 2001 G-8 Summit
    protesters. Originally 44 police officers were put on trial. The other
    37 were not sentenced because the statute of limitations had run out.
    The court ordered all 44 defendants to pay compensation to the victims.
    On May 18, the Genoa Appeals Court sentenced 25 police officers to
    prison terms of 44 to 48 months for perjury, conspiracy, or assault
    stemming from their raid on a building used by the protesters.
        In its report released on April 4, the CPT noted that, in addition
    to violating the principal of refoulement, authorities carrying out
    government's policy known as ``push-back,'' which involves intercepting
    migrants at sea and returning them to non-European countries, used
    disproportionate appropriate force (see section 2.d.).
        On June 7, the Ministerial Committee of the Council of Europe
    called on Italy to avoid deportations that would violate European Court
    of Human Rights (ECHR) rulings. The Ministry of Interior expelled four
    Tunisians, including Toumi Ali Ben Sassi in 2009 and Ben Khemais in
    2008, who were suspected of terrorism. The ECHR ruled that the
    deportations violated the European Convention on Human Rights on the
    grounds that the returned men risked torture and mistreatment in their
    home country.

        Prison and Detention Center Conditions.--Many prison and detention
    centers met international standards, although some prisons were
    seriously overcrowded and antiquated. The Government permitted visits
    by independent human rights observers.
        On July 15, a Rome prosecutor requested the indictment of 13
    physicians, nurses, and agents charged with violence, perjury, abuse of
    power, and abetting in the death of Stefano Cucchi, who was under
    arrest for drug possession. While he was in custody, police transferred
    him to Rebibbia prison and then to a hospital, where he died in October
    2009. The judge's ruling was pending at year's end.
        As of November 30, according to the Ministry of Justice, 69,155
    inmates were in a prison system designed to hold 44,066; however, the
    uneven distribution of prisoners left a few institutions particularly
    overcrowded. Older facilities lacked outdoor or exercise space, and
    some prisons lacked adequate medical care. In September approximately
    54 percent of inmates were serving sentences; 43 percent were mainly
    detainees awaiting trial. Prisoners had access to visitors and
    attorneys and were allowed to submit complaints to judicial
    authorities, who generally investigate credible allegations. The
    Government and nongovernmental organizations (NGOs) regularly monitored
    the prison system.
        According to an independent research center, between January and
    November, 160 prisoners died in custody, 61 of them by suicide. There
    were allegations that a small number of these deaths were the result of
    abuse or negligence on the part of prison officials.
        In its April 4 report, the CPT noted that conditions were generally
    acceptable in the country's prisons, but many prisons were seriously
    overcrowded, and in some cases prisoners lacked basic hygiene items.
    The CPT also noted that, in some cases, corrections officers used
    excessive or disproportionate force to restrain prisoners, which at
    times resulted in injuries. The CPT found that in some prisons,
    prisoners sentenced to long terms did not have sufficient access to
    family visits or telephone calls.
        In December an officer from the Via Corelli Identification Center
    was sentenced to seven years and two months in prison for the 2009 rape
    of a Brazilian transsexual inmate.
        Some groups, including the NGO Doctors without Borders, claimed
    that conditions in detention centers were poor and that there was
    evidence of overcrowding. There were reports of disturbances at
    detention centers for immigrants throughout the year. For example, on
    August 28, 30 detainees staged a protest at Gradisca d'Isonzo, while
    nine other detainees used the disturbance for an escape attempt. The
    next day detainees continued to try to escape, injuring soldiers who
    were attempting to restore order. On December 12, detainees protested
    at the Via Corelli detention center in Milan. A week later detainees
    caused additional property damage at the detention center.
        The law does not require pretrial detainees to be held separately
    from convicted prisoners; they were held together in smaller prisons.
        The Government permitted visits to detention facilities by
    independent human rights organizations, parliamentarians, and the
    media.
        Several municipalities and the NGO Antigone had permanent
    independent ombudsmen to promote the rights of detainees and facilitate
    access to health care and other services. The central government
    assigned magistrates to every prison in the country to provide for
    prisoners' rights, to apply measures to prevent infiltration of
    organized crime amongst inmates, and to examine alternatives to
    incarceration. The magistrates also made decisions on eligibility for
    parole and work release.
        The Government provided access to detention centers for
    representatives of the Office of the UN High Commissioner for Refugees
    (UNHCR), and these visits were in accordance with the UNHCR's standard
    modalities.
        On January 14, the Government adopted a prison plan designed to
    establish 18 new facilities from 2011 and to hire 2,000 additional
    prison guards. In September the Government approved a decree enabling
    citizens of other EU countries serving prison sentences in Italy to be
    transferred to, and serve out their sentences in, their countries of
    origin.

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

        Role of the Police and Security Apparatus.--Civilian authorities
    maintained effective control over the Carabinieri, the national police,
    the financial police, and municipal police forces. The Government has
    effective mechanisms to investigate and punish abuse. There were no
    reports of impunity involving the security forces during the year;
    however, long delays by prosecutors and other authorities in completing
    some investigations undercut the effectiveness of mechanisms to
    investigate and punish police abuses. Police have proven effective at
    enforcing laws, conducting investigations, and seizing assets of
    criminal organizations, taking into account the resources dedicated to
    such activities.

        Arrest Procedures and Treatment While in Detention.--To detain an
    individual, police require a warrant issued by a public prosecutor
    unless a criminal act is in progress or there is a specific and
    immediate danger to which they must respond. When authorities detain a
    person without a warrant, an examining magistrate must decide within 24
    hours of the detention whether there is enough evidence to proceed with
    an arrest. The investigating judge then has 48 hours to confirm the
    arrest and recommend whether to prosecute. In terrorism cases
    authorities may hold suspects 48 hours before bringing the case before
    a magistrate.
        Authorities generally respected the right to a prompt judicial
    determination. Although the law entitles detainees to prompt and
    regular access to lawyers of their choosing, authorities did not always
    respect that right in practice. In its April 4 report, the CPT found
    that in some cases police effectively denied detained persons the right
    to an attorney, which can be invoked only at the time of arrest, by
    engaging them in ``informal chats'' before a formal arrest was made.
        The law permits detainees access to family members. The state
    provides a lawyer to indigent persons. In exceptional circumstances,
    usually in cases of organized crime figures where there is danger that
    attorneys may attempt to tamper with evidence, the investigating judge
    may take up to five days to interrogate the accused before access to an
    attorney is permitted. Some NGOs and international organizations
    asserted that the terrorism law is deficient in due process and in some
    cases resulted in the deportation or return of alien suspects to
    countries where they had reason to fear persecution. The law allows
    increased surveillance and enhanced police powers in terrorism cases to
    gather evidence, for example, DNA for purposes of identification (see
    section 2.d.).
        Lengthy pretrial detention and trial delays were significant
    problems. During the first half of the year, 43 percent of all
    prisoners were either in pretrial detention or awaiting a final
    sentence. The maximum term of pretrial detention is two to six years,
    depending on the severity of the crime. According to independent
    analysts and magistrates, delays were due to the large number of
    trials, the lack of nonjudicial remedies, and insufficient and
    inadequate distribution of offices and resources, including judges and
    staff.
        There is no provision for bail; however, judges may grant
    provisional liberty to suspects awaiting trial. As a safeguard against
    unjustified detention, detainees may request that a panel of judges
    (liberty tribunal) review their cases on a regular basis and determine
    whether continued detention is warranted.
        Authorities may impose preventive detention as a last resort if
    there is evidence of a serious felony or if the crime is associated
    with the Mafia or terrorism. Except in the most extraordinary
    situations, the law prohibits preventive detention for pregnant women,
    single parents of children under age three, persons more than 70 years
    of age, and those who are seriously ill.

        e. Denial of Fair Public Trial.--The constitution provides for an
    independent judiciary, and the Government generally respected judicial
    independence in practice; however, most court cases involved long trial
    delays.
        There were some reports of judicial corruption. On July 12, the
    Supreme Council of the Magistracy initiated a disciplinary action
    against Alfonso Marra, the president of the Milan Court of Appeals.
    Several regional politicians, a former judge, and others with possible
    links to an organized group pressured members of the council to secure
    Marra's appointment to the Milan court. After his appointment there
    were allegations that the same group pressured Marra to rule in favor
    of recertifying candidates previously barred from running in regional
    elections. In March the court had initially denied those candidates'
    petitions and other paperwork due to alleged irregularities in
    signatures.

        Trial Procedures.--The constitution provides for the right to a
    fair trial, and an independent judiciary generally enforced this right.
    Trials are public. Although the law provides that defendants have
    access to an attorney in a timely manner, authorities did not always
    respect this right in practice. Defendants may confront and question
    witnesses against them and may present witnesses and evidence on their
    own behalf. Prosecutors must make evidence available to defendants and
    their attorneys upon request. Defendants have a presumption of
    innocence and the right to appeal verdicts.
        On July 27, an appeals court in Milan ruled that a man arrested in
    2002 and convicted of rape, but found to be innocent of the crime in
    2005 and January 2009, should receive 58,000 euros ($78,000) in
    compensation for his 247 days of incarceration, his loss of work, and
    the eight years he lived under a false accusation of pedophilia.
        Domestic and European institutions continued to criticize the slow
    pace of justice. The Court of Cassation estimated that 18,000 new cases
    were initiated at the national level during the first six months of
    2009, compared with 14,000 in the same period of 2008. Also in 2009
    courts rendered 6,800 judgments against the Government for excessively
    protracted proceedings.
        Courts could determine when the statute of limitations should
    apply, and defendants often took advantage of the slow pace of justice
    to delay trials through extensive pleas and appeals.

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

        Regional Human Rights Court Decisions.--All citizens have the right
    to appeal their cases to the ECHR. The Government complied with the
    ECHR's final decisions on such appeals. In 2009 the ECHR found that the
    country violated the European Convention on Human Rights in 69 cases,
    compared with 83 in 2008.
        On April 13, the ECHR found that the Government violated the
    European Convention on Human Rights in expelling a Tunisian national,
    Mourad Travelsi, suspected of terrorism. The court ordered the
    authorities to pay 21,000 euros ($28,000) in damages, court costs, and
    compensation. In 2008 the Ministry of Interior deported Travelsi to
    Tunisia despite a previous court ruling that suspended his expulsion
    from Italy.

        Civil Judicial Procedures and Remedies.--The constitution provides
    for an independent and impartial judiciary in civil matters. Civil
    remedies are determined by law. Arbitration is allowed and regulated by
    contracts. Often citizens and companies turned to arbitration because
    of trial delays.

        f. Arbitrary Interference With Privacy, Family, Home, or
    Correspondence.--The law prohibits such actions, and the Government
    generally respected these prohibitions in practice. Searches and
    electronic monitoring were generally permissible with judicial warrants
    and in carefully defined circumstances. The Court of Cassation's lead
    prosecutor may authorize wiretaps of terrorism suspects at the request
    of the prime minister.
        The media published leaked transcripts of government wiretaps
    authorized as part of continuing investigations. Between February and
    May, two leading national newspapers, Corriere della Sera and La
    Repubblica, published transcripts of telephone calls, including
    personal details, between various persons who were under investigation
    for their possible involvement with irregularities in the awarding of
    contracts by the Government.
        The law allows magistrates to destroy illegal wiretaps discovered
    by police.
    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
    provide for freedom of speech and the press.
        The independent media were active and expressed a wide variety of
    views. However, disputes over partisanship continued to prompt frequent
    political debate. The two main opposition parties and NGOs contended
    that media ownership was concentrated in too few hands. Prime Minister
    Silvio Berlusconi's family holding company, Fininvest, held a
    controlling share in the country's largest private television company,
    Mediaset; its largest magazine publisher, Mondadori; and its largest
    advertising company, Publitalia. His brother owned one of the country's
    nationwide dailies, Il Giornale. Italian media organizations tended to
    reflect the point of view of their proprietors, whether a political
    party or a business entity.
        Freedom House's 2010 report noted ``increased government attempts
    to interfere with editorial policy at state-run broadcast outlets.''
        During the year, the National Federation of the Italian Press
    criticized some instances of what it described as excessive
    restrictions on freedom of expression.
        On July 14, police in Chiavari searched the newsroom of the daily
    Secolo XIX, which had published details and wiretap transcripts
    obtained from a police investigation into organized crime. The regional
    association of journalists protested the newsroom search.
        Public officials continued to bring cases against journalists under
    the country's libel laws.
        On August 2, the president of the Chamber of Deputies, Gianfranco
    Fini, announced that he had filed suit against the newspaper Il
    Giornale for publishing defamatory articles alleging that the brother
    of his girlfriend improperly acquired an apartment that was originally
    donated to the political party founded by Fini.
        On June 19, journalist Marco Travaglio was fined 16,000 euros
    ($21,000) for making defamatory comments about the president of the
    senate, Renato Schifani, during a nationally broadcast RAI television
    talk show that aired in 2008.
        On October 21, Prime Minister Berlusconi filed a libel suit against
    television journalist Milena Gabatelli of the national broadcaster RAI.
    She dedicated part of her weekly show to investigating Berlusconi's
    real estate investments in Antigua. Gabatelli suggested that the prime
    minister might have been involved in money laundering.
        There was no update during the year on Prime Minister Berlusconi's
    libel suit against the daily La Repubblica for the publication of a
    list of leading questions including some that concerned matters which
    became public when Berlusconi's wife asked for a divorce.
        There was no update during the year on Prime Minister Berlusconi's
    libel suit against the daily L'Unita for printing two unfavorable
    articles on his private life in July and August. Berlusconi sought
    three million euros ($4 million) in damages.
        In the view of most observers the risk of such suits did not affect
    adversely the willingness of the press to report on politically
    sensitive subjects.

        Internet Freedom.--There were no government restrictions on access
    to the Internet or reports that the Government monitored e-mail or
    Internet chat rooms. Individuals and groups could engage in the
    peaceful expression of views via the Internet, including by e-mail.
        There were no reports of government attempts to collect, request,
    obtain, or disclose the personally identifiable information of a person
    in connection with that person's peaceful expression of political,
    religious, or ideological opinion or belief.
        A special unit of the police monitored Web sites for crimes
    involving child pornography online. The Government could request other
    governments to block foreign-based Internet sites if they contravened
    national laws. As an antiterrorism measure, authorities required that
    Internet cafe operators obtain licenses and that those utilizing
    wireless Internet areas register personal information before logging
    on. According to Eurostat, in 2009 approximately 53 percent of citizens
    had access to the Internet at home.
        On February 25, a Milan court convicted three Google executives for
    privacy violations, but acquitted them of criminal defamation charges,
    related to a video clip that was uploaded to Google Video in 2006 that
    showed an autistic student being bullied by other students. The three
    executives received suspended six-month sentences. Google stated that
    it was unaware of the video and removed it within two and one-half
    hours after police notified the company of the objectionable content.
    Google appealed the verdict. The case sparked considerable
    international debate over Internet freedom and the balance between
    privacy, intellectual property rights, and combating criminal behavior.

        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.--For a description of religious freedom,
    see the 2010 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 UNHCR and other
    humanitarian organizations to protect and assist refugees, asylum
    seekers, stateless persons, and other persons of concern.
        The law prohibits forced exile, and the Government did not use
    forced exile in practice.

        Protection of Refugees.--The law provides for the granting of
    asylum or refugee status, and the Government has established a system
    for providing protection to refugees. The country is a party to the
    EU's Dublin II Instruction, whose partners generally transfer asylum
    applications to the first EU member country in which the applicant
    arrived. In practice the Government provided protection against the
    expulsion or return of refugees to countries where their lives or
    freedom would be threatened on account of their race, religion,
    nationality, membership in a particular social group, or political
    opinion.
        In 2009, 17,600 persons applied for asylum, compared to 30,500 in
    2008. According to the UNHCR, the dramatic decrease in asylum requests
    was the result of the country's controversial repatriation of persons
    aboard boats intercepted in the Strait of Sicily in international
    waters before they reached land. In 2009, 2,230 immigrants were granted
    asylum status. The Government issued temporary residence permits which
    had to be renewed periodically. While not a guarantee, these temporary
    permits could lead to future permanent residence. According to the
    UNHCR, the top three countries of origin of asylum seekers were
    Nigeria, Somalia, and Pakistan. Turkey and Greece often served as part
    of the transit corridor for asylum seekers from Pakistan and other
    countries of that region.
        The Government also provided temporary protection to individuals
    who may not qualify as refugees. In 2009, 5,194 persons received
    temporary protection, and 2,149 obtained humanitarian protection.
        In practice the Government provided protection against the
    expulsion or return of persons with refugee status to countries where
    their lives or freedom would be threatened on account of their race,
    religion, nationality, membership in a particular social group, or
    political opinion.
        Between August 2009 and July 2010, the Ministry of the Interior
    identified 3,500 individuals who came ashore illegally from North
    Africa, compared to 29,000 in the previous 12 months. Those who were
    apprehended were sent to temporary detention centers for processing,
    and a magistrate determined whether to deport them (if their identity
    could be ascertained), issue them an order to depart (if their identity
    could not be ascertained), or accept them for asylum processing.
        According to the Government, 6,600 unaccompanied minors lived in
    the country in September 2009, 77 percent of them undocumented. Their
    top countries of origin were Morocco, Egypt, Albania, and Afghanistan.
    The Interior Ministry equipped special sections of identification
    centers to host minors.
        During the year the Government continued to implement its 2008
    agreement with Libya that included provisions for patrolling the Libyan
    coast by Italian and Libyan officers using Italian boats. The
    controversial agreement allows all immigrants departing from the Libyan
    coast, not only Libyan nationals, to be turned back before they reach
    Italy.
         Amnesty International's annual report, released in May, criticized
    Italy for ``expelling immigrants to countries that don't guarantee the
    respect of their rights''; fail to screen foreigners; and fail to
    identify refugees, unaccompanied minors, and victims of trafficking.
    The report also accused the Italian and Maltese governments of stopping
    boats in international waters without providing basic assistance to
    migrants on board. According to the Ministry of Interior, during the
    year, no boats were sent back to Libya by Italian authorities. Between
    January and March, only 52 intending immigrants made it to shore in
    Sicily compared to 4,450 during the same period in 2009. From January
    to July, an estimated 1,000 migrants coming from Turkey and Greece
    reached Puglia.
        On April 24, the director of the police department for immigration,
    Rodolfo Ronconi, and the head of the financial police, Vincenzo
    Carrarini, were indicted in Siracusa for ordering the interception and
    return to Libya of a boat carrying 75 persons (including some minors)
    in August 2009. The charges alleged that those on the boat were
    returned against their will and were not allowed access to procedures
    for the protection of refugees.
        In the report on its 2009 visit to the country that was released in
    April, the CPT described the Government's ``push-back'' policy of
    intercepting migrants seeking to reach the country by sea before they
    can reach the country's territorial waters. According to the report,
    ``the policy, in its present form, of intercepting migrants at sea and
    obliging them to return to Libya or other non-European countries,
    violates the principle of nonrefoulement.'' It noted that, while
    authorities screened these migrants for serious medical conditions,
    they did not provide them the opportunity for an individual assessment
    of their possible asylum claims and did not screen them for relevant
    documentation such as documents from the UNHCR, but instead transferred
    them wholesale into Libyan custody. The report also claimed that the
    country's authorities did not provide assistance in the form of water
    and food to those aboard boats intercepted in international waters.
        The CPT report stated that the country's authorities acknowledged
    officially that they did not formally identify migrants who were
    intercepted at sea and ``pushed back'' and that the UNHCR had informed
    the CPT that, among the migrants pushed back, there were persons who
    were registered with the UNHCR and to whom it had previously issued
    temporary documents. According to the CPT, other migrants, including
    persons from Somalia and Eritrea, were later interviewed by the UNHCR
    and immediately found to be seeking, and possibly qualifying for,
    international protection. Between May and July 2009, 97 of the 632 boat
    returnees screened by the UNHCR were found to be seeking international
    protection.
        The CPT noted that the procedures in place did not appear to
    provide scope for a determination of whether the migrants included
    persons in need of international protection and that it appeared that
    Italian authorities had issued clear guidelines that migrants who were
    intercepted at sea were to be ``pushed back,'' to the extent possible,
    provided they had not reached the country's territorial waters. Between
    May and July 2009, there was only one occasion when persons intercepted
    by the country's authorities in international waters were assessed as
    requiring urgent hospital care and transferred to Italian territory to
    receive such care. All other intercepted persons were transported to
    either Libya or Algeria, including persons who, according to health-
    care professionals aboard the Italian vessels, were scarcely in
    sufficiently good health to face the sea journey. The CPT report stated
    that ``there would appear to be a real risk, in the Committee's view,
    that persons detained in Libya, including migrants, may be subjected to
    severe mistreatment and/or be sent to a country where they are at risk
    of such treatment.''
        On April 28, the Government responded that migrants were
    repatriated in conformity with international treaties and in
    cooperation with Libyan authorities. Italian authorities asserted that
    all migrants intercepted at sea received water and food and were not
    improperly detained; those who were in need of medical treatment or
    intended to apply for protected status were brought to Italy. Between
    July and November 2009, the period covered by the CPT report, six
    Nigerians were hospitalized and 523 asylum seekers were brought to
    temporary shelters.
    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.--National and international
    experts, including observers from the Organization for Security and
    Cooperation in Europe, considered the 2008 parliamentary elections free
    and fair. In June 2009 the country held elections to the European
    Parliament that were considered free and fair.
        Numerous political parties functioned without government
    restrictions or outside interference.
        There were 59 women in the 322-seat Senate and 133 women in the
    630-seat Chamber of Deputies. Women held five of 23 positions in the
    Council of Ministers.
        The only legally defined minorities were linguistic: the French-
    speaking Valdostani and the German-speaking Altoatesini/Suedtiroler.
    There were four members of these groups in the Senate and three in the
    Chamber of Deputies. In a largely monolithic society, immigrants
    represented approximately 6.5 percent of the population, and fewer than
    half of them qualified as ethnic/racial minorities. Two members of
    immigrant groups (of Moroccan and Congolese origin) were elected to the
    Chamber of Deputies.
    Section 4. Official Corruption and Government Transparency
        The law provides criminal penalties for official corruption, and
    the Government generally implemented these laws effectively. There
    continued to be isolated reports of government corruption during the
    year.
        According to the president of the National Audit Court (Corte dei
    Conti), 221 persons were accused of corruption, 219 of embezzlement,
    and 1,714 of abuse of power in 2009. The National Audit Court convicted
    126 persons of corruption in 2009.
        Between January and June 2009, public authorities found sufficient
    cause to refer to prosecutors 5,574 persons suspected of such crimes as
    corruption (104 cases in 2009), abuse of power (948 cases in 2009),
    graft (121 cases in 2009), fraud (435 cases between January and June
    2009), and embezzlement (133 cases between January and June 2009).
        On February 11, prosecutors opened an investigation to determine
    whether Undersecretary for Civil Protection Guido Bertolaso accepted
    bribes in exchange for awarding construction contracts for the planned
    2009 G8 Summit headquarters in La Maddalena.
        On February 19, authorities indicted Governor Ottaviano Del Turco
    and 32 other local officials in Abruzzo for corruption, embezzlement,
    fraud, and abuse of power in a case allegedly involving 12.8 million
    euros ($17.2 million) in the health care sector. The preliminary
    hearing began on June 14 and the main trial was scheduled to begin on
    April 15, 2011.
        On July 12, a court sentenced General Giampaolo Ganzer, head of an
    elite Carabinieri unit, to 14 years in jail for drug smuggling and
    embezzlement in Milan. At year's end Ganzer remained in his position,
    but, at the end of December, authorities were considering transferring
    him to a training unit.
        Members of parliament are subject to financial disclosure laws. The
    Ministry of Public Administration encouraged adherence to voluntary
    guidelines for financial disclosure on the part of the leadership of
    all ministries. The anticorruption and transparency office in the
    Ministry of Public Administration acts as the Government watchdog on
    corruption.
        The law gives citizens the right to access government documents and
    to be informed of administrative processes. With some security-related
    exceptions, the Government and local authorities respected this right
    in practice for citizens, noncitizens, and the foreign press.
    Section 5. 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.
        An interministerial commission on human rights and a parliamentary
    committee on human rights focus on international and high-profile
    domestic cases.
    Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
        The law prohibits discrimination based on race, gender, ethnic
    background, and political opinion. It provides some protection against
    discrimination based on disability, language, or social status. The
    Government generally enforced these prohibitions; however, some
    societal discrimination continued against women, persons with
    disabilities, immigrants, and Roma.

        Women.--Rape, including spousal rape, is illegal, and the
    Government enforced the law effectively. According to Italian National
    Institute of Statistics (ISTAT), in 2008, 4,893 cases of rape and 1,484
    cases of sexual exploitation were reported to the police.
        Violence against women, including spousal abuse, remained a
    problem. In September, ISTAT reported that almost 10.5 million women
    aged 16 to 65, or 51.8 percent of all women, had been victims of
    violence or harassment at least once in their lives. Between 2008 and
    2010, 3.9 million women were involved in situations involving violence
    or harassment. Of these 3.9 million cases, 27 percent were verbal
    assault, 22 percent were stalking, 20 percent were indecent exposure,
    and 19 percent were physical violence. Women who lived in big cities
    were more at risk; 64.9 percent of such women reported experiencing
    violence or stalking at least once over their lifetime. An estimated
    8.5 percent of women in the study reported sexual harassment at work.
        The law criminalizes the physical abuse of women, including by
    family members, allows for the prosecution of perpetrators of violence
    against women, and helps abused women avoid publicity. In July, ISTAT
    estimated that 100 women had been killed by their partners or former
    partners over the previous 12 months. Police officers and judicial
    authorities prosecuted perpetrators of violence against women, but
    victims frequently declined to press charges due to fear, shame, or
    ignorance of the law. According to the Ministry of Justice, of the five
    million assault victims, only 7.3 percent reported crimes to police.
        On March 13, in Bergamo, a Moroccan man was sentenced to three
    years' imprisonment for several episodes of violence, including death
    threats, against his Italian wife. He accused her of violating Islamic
    moral values.
        In 2009 the Ministry of Equal Opportunity established a hotline for
    victims of stalking in addition to the hotline for victims of violence
    seeking immediate assistance and temporary shelter. In 2009 the
    Ministry of Equal Opportunity hotline received 17,600 calls, 10 percent
    of them from foreigners. Between January and March police received
    1,592 stalking complaints, 79 percent of them from women, and made 293
    arrests, compared to 923 arrests between February 23 and December 2009.
    The NGO Telefono Rosa assisted 1,744 victims of violence, 287 of whom
    were foreigners. The NGO ACMID-Donna established a toll-free number for
    abused Muslim women and received 5,500 calls between November 2008 and
    August 2009. Approximately 82 percent of those cases involved violence
    or other mistreatment by husbands or relatives, including unwillingly
    participation in a polygamous marriage. No official statistics have
    been gathered on polygamous marriages in Italy, and estimates of women
    affected vary wildly from hundreds to tens of thousands.
        There were occasional reports of ``honor crimes.''
        On August 14, in Pordenone, El Ketaoui Dafani, a 45-year-old
    Moroccan man, received a sentence of life imprisonment for the
    September 2009 murder of his 18-year-old daughter, Saana Dafani,
    because of her relationship with a 31-year-old Italian man.
        On April 29, police arrested an Egyptian man on charges of
    kidnapping, domestic assault, and sexual assault in Andria. The arrest
    followed escalating tensions between the man and his wife as she
    refused to cover her face when her husband's male friends visited their
    house. The man kidnapped their son and left him in Egypt to be raised
    by his paternal grandparents. Police arrested the man after he returned
    to Italy. The child was later reunited with his mother.
        Female genital mutilation is a crime punishable by up to 10 years'
    imprisonment. The Ministry of Equal Opportunity estimated that 35,000
    immigrant women were victims of genital mutilation. The vast majority
    of the women, 1,100 of whom were age 17 and younger, were victimized in
    their countries of origin. Most of the women lived in Lombardy, Veneto,
    Emilia Romagna, and Lazio. An interagency committee of the Department
    of Equal Opportunity in charge of combating female genital mutilation
    implemented a prevention program that included an awareness campaign
    for immigrants, an analysis of risks, and training of cultural
    mediators. In November 2009 the Ministry of Equal Opportunity
    inaugurated a hotline dedicated to victims of such mutilation.
        The law permits domestic courts to try citizens and permanent
    residents who engage in sex tourism outside of the country, even if the
    offense is not a crime in the country in which it occurred. According
    to the domestic branch of End Child Prostitution, Child Pornography,
    and Trafficking of Children for Sexual Purposes, in recent years sex
    tourists from the country chose Thailand, Cambodia, Vietnam, the Czech
    Republic, northern Russia, and Brazil as preferred destinations.
        The country has a code of conduct for tourist agencies to help
    combat sex tourism.
        Sexual harassment is illegal, and the Government effectively
    enforced the law. By government decree, emotional abuse based on gender
    discrimination is a crime.
        Couples and individuals had the right to decide the number,
    spacing, and timing of their children, and had the information and
    means to do so free from discrimination, coercion, and violence. Access
    to information on contraception, and skilled attendance at delivery and
    in postpartum care were widely available. The maternal mortality rate
    was 5 per 100,000 live births in 2008. Women and men had equal access
    to diagnostic services and treatment for sexually transmitted
    infections, including HIV.
        The law gives women the same rights as men, including rights under
    family law, under property law, and in the judicial system.
        According to an independent research center, the overall gap
    between salaries for men and women was 16 percent, although a study
    released in July estimated the gap between men and women with the same
    jobs and qualifications was 2 percent. Women were underrepresented in
    many fields, including management, entrepreneurial business, and other
    professions. According to a report released by an independent research
    center in October, Italian women account for only 12 percent of all
    managers, compared to the European average of 33 percent. Only 3.2
    percent of board members of Italian companies listed on the stock
    market were women.
        On June 10, the Government enacted a decree that would eliminate
    discrimination in the minimum retirement age of men and women in the
    public sector beginning in 2012. It would end women's entitlement to
    retire at 60, five years earlier than men. The European Commission
    found the rule illegal in 2008, and the country enacted the new law to
    be in compliance.
        A number of government offices worked to promote women's rights,
    including the Ministry for Equal Opportunity and the Equal Opportunity
    Commission in the Prime Minister's Office. The Ministry of Labor and
    Welfare has a similar commission that focuses on women's rights and
    discrimination in the workplace. Many NGOs, most of them affiliated
    with labor unions or political parties, actively and effectively
    promoted women's rights.

        Children.--Citizenship is derived from one's parents. Local
    authorities registered all births immediately.
        In the first six months of the year, Telefono Azzurro, an NGO that
    advocates for children's rights, received 882 requests for assistance.
    An estimated 5 percent of these involved sexual abuse, 12.5 percent
    physical violence, and 6 percent psychological abuse. In 53 percent of
    the cases, the victims were female; 62 percent of the victims were
    younger than 10. In 2006 authorities registered approximately 170
    reports of sexual intercourse with minors, 290 reports of production of
    child pornography, and 180 reports of possession of child pornography.
        According to ISTAT, in 2008, police received 474 cases of sexual
    intercourse with minors and 537 cases of pedophilia.
        NGOs estimated that 10 percent of persons engaged in prostitution
    were minors. In the regions of Sicily, Puglia, and Marche, between
    January and August, the NGO Save the Children identified 778 minors who
    had entered the country illegally. An estimated 380 of them were
    unaccompanied by adults.
        On August 6, at the Bologna airport, police arrested a Cameroonian
    man for trafficking minors. He was found with a boy and a girl, both
    between 5 and 7 years old, traveling on stolen passports. The children
    were in protective custody pending their identification.
        On May 24, the Ministry of the Interior announced the establishment
    of a new hotline run by Telefono Azzuro dedicated to helping find
    minors who disappeared and assisting those who ran away. In 2008 there
    were 1,330 runaways, of whom 998 were not citizens of the country.
        Illegal immigrant child laborers from North Africa, West Africa,
    the Philippines, and China continued to enter the country. The flow of
    children from Albania continued to drop, possibly due to improved
    economic conditions in Albania and increased police cooperation between
    the country and Albania.
        Few of the country's children engaged in prostitution for survival.
    However, the independent research center Parsec reported that thousands
    of minors from Eastern Europe engaged in prostitution for survival.
    Prostitution under the age of 18 is against the law, but no penalty is
    specified.
        Romani adults deploy Romani children of all ages for prostitution,
    begging, and theft. Such practices are common throughout the country,
    and, as a matter of practice, police do not intervene to prevent Romani
    children from being used in these activities.
        The country, which has a statutory rape law, is not a destination
    for sex tourism. The minimum age for consensual sex varies from 13 to
    16, based on the relationship between partners. The penalty for child
    pornography ranges from six to 12 years in prison, and the penalty for
    violation of the law regarding the minimum age for consensual sex
    ranges from two to 10 years in prison. A special unit of the police
    monitored 26,600 Web sites during the year; the unit investigated 1,155
    persons for crimes involving child pornography online and arrested 51
    persons. According to the NGO Telefono Arcobaleno, during the year 4.7
    percent of persons accessing pornographic materials involving minors
    worldwide were from the country. Between January and November, Telefono
    Arcobaleno received 2,580 reports of online pedophilia. These reports
    could come from Internet users who came across child pornography online
    or from persons who reported suspected activity involving exploitation
    of minors.
        The country is a party to the 1980 Hague Convention on the Civil
    Aspects of International Child Abduction. For information on
    international parental child abduction, please see the Department of
    State's annual report on compliance at http://travel.state.gov/
    abduction/resources/congressreport/congressreport--4308.html.

        Anti-Semitism.--The country's estimated 30,000 Jews maintained
    synagogues in 21 cities.
        No violent anti-Semitic attacks were reported during the year.
    Instances of anti-Semitic graffiti occurred in a number of cities.
    Small extremist fringe groups were responsible for anti-Semitic acts.
        On March 17, a 75-year-old rabbi of Moroccan origin was insulted on
    a bus in Milan by a group of persons yelling, ``Jews go away! We will
    kill you all.'' No one on the bus, including the driver, intervened to
    defend the man.
        On January 28, anti-Semitic graffiti containing threats against the
    president of Rome's Jewish community appeared in the center of the
    city. On March 28, commemorative stone markers in Rome for a family
    deported to Auschwitz during World War II were vandalized.
        On May 21, police searched the homes of four activists of the
    fascist group Militia who were organizing a summit with other radical
    associations to create a national network. Authorities believe the
    group was responsible for anti-Semitic graffiti, hate crimes, and
    vandalism committed in Rome and other cities.
        The Government strongly criticized the acts of anti-Semitic
    vandalism. Prime Minister Berlusconi, Foreign Minister Franco Frattini,
    and other politicians across the political spectrum expressed
    solidarity with the victims. The Government continued to host annual
    meetings to increase public awareness of the Holocaust and to combat
    anti-Semitism.
        On October 4, Prime Minister Berlusconi, while talking with
    supporters in front of his residence, told an anti-Semitic joke that
    was subsequently made public.
        On December 28, a Rome municipal employee and former member of a
    defunct neo-fascist terrorist group was suspended after he used his
    office computer for a social networking conversation that included an
    anti-Semitic remark.

        Trafficking in Persons.--For information on trafficking in persons,
    please see the Department of State's annual Trafficking in Persons
    Report at www.state.gov/g/tip.

        Persons With Disabilities.--The law prohibits discrimination
    against persons with physical, sensory, intellectual, and mental
    disabilities in employment, education, access to health care, and the
    provision of other state services. The Government effectively enforced
    these provisions, but there was some societal discrimination. The NGO
    Antigone claimed there was a pattern of abuse in prisons and mental
    health facilities, highlighting some cases of death possibly resulting
    from poor treatment of those detained in such facilities. On June 11, a
    parliamentary committee visited the largest criminal detention center
    for those with psychiatric problems, which is in Aversa. The committee
    criticized the lack of adequate treatment for inmates, whom they
    described as neglected.
        On September 9, a woman in a wheelchair claimed that the driver of
    a water taxi in Venice refused to transport her because of her
    disability. The municipality opened an investigation.
        Although the law mandates access to government buildings for
    persons with disabilities, mechanical barriers, particularly in public
    transport, left such persons at a disadvantage. The Ministry of Labor
    and Welfare was responsible for protecting the rights of persons with
    disabilities. Many cities lacked infrastructure (such as elevators at
    subway and funicular stations and ramps on sidewalks) for persons with
    limited mobility and those in wheelchairs.
        ISTAT estimated there were 2.6 million persons with disabilities in
    2004, based on a sample survey of the population. Using a different
    methodology, an independent research center, Censis, estimated that
    during the year there were 4.1 million persons with disabilities.

        National/Racial/Ethnic Minorities.--There continued to be reports
    that authorities mistreated Roma. The press and NGOs reported cases of
    discrimination, particularly in access to housing, evictions,
    deportations, and government efforts to remove Romani children from
    their parents for their protection.
        On September 1, in Livorno, an estimated 200 persons threatened two
    Romanians and threw stones at them before police intervened. According
    to the press, the two men had beaten two Italians who had previously
    criticized them for leaving an old washing machine on the street.
        On June 25, a Brescia court sentenced Stefano Rizzi to 21 years'
    imprisonment for the 2008 ``hate crime'' killing of Mohamed Chamrani, a
    Moroccan who had been beaten and thrown into Lake Garda. Four minors
    also involved in the crime were placed under the supervision of the
    social services department.
        There were no accurate statistics on the number of Roma in the
    country. NGOs estimated that 140,000, including 75,000 citizens, were
    concentrated on the fringes of urban areas in the central and southern
    parts of the country. Local officials and NGOs acknowledged that Romani
    camps were characterized by poor housing, unhygienic sanitary
    conditions, limited employment prospects, inadequate educational
    facilities, inconsistent police presence, and school-age children who
    are not attending school.
        During the year the Interior Ministry continued a campaign to curb
    illegal immigration based on a 2008 emergency decree on security and
    immigration. Authorities arrested or ordered the expulsion of several
    hundred foreigners (mainly Roma) and took the names of others who lived
    in encampments near major cities. Between January and September, more
    than 9,000 foreigners were repatriated to their non-EU countries of
    origin, compared to 18,000 in 2009. An estimated 290 persons illegally
    in the country participated in a voluntary repatriation program.
        On August 27, a child died and another one was seriously injured in
    an accidental fire that occurred in an illegal Romani encampment in the
    outskirts of Rome. The incident spurred Rome Mayor Alemanno to vow that
    the city would continue its efforts to tear down all unauthorized
    Romani settlements, including more than 200 illegal shanty towns that
    he stated remained around Rome. He added that persons who have arrived
    in Rome must be able to support and house themselves adequately;
    otherwise, they would have to leave.
        The city of Rome continued efforts on its Nomad Plan through which
    the estimated 7,200 Romani inhabitants of the greater Rome area would
    be transferred out of unauthorized camps into authorized settlements
    built by the Government. In February the city closed the Casilino 900
    camp, formerly one of the largest Romani camps in Europe, and moved
    inhabitants to one of 10 authorized camps in operation during the year.
        Government officials at the national and local levels, including
    those from the Ministry of the Interior and the Ministry of Equal
    Opportunity, met periodically with Roma and their representatives. In
    July the city of Rome appointed a Romani person to be an unofficial
    spokesperson for his community.
        The Government's Office to Combat Racial and Ethnic Discrimination
    in the Ministry of Equal Opportunity assisted victims of
    discrimination. In 2007 the office received approximately 8,000 calls
    on its national hotline. The majority of complaints related to labor
    conditions, wages, and discrimination in the provision of public
    services. The office provided legal assistance and helped mediate
    disputes.

        Societal Abuses, Discrimination, and Acts of Violence Based on
    Sexual Orientation and Gender Identity.--There are no laws
    criminalizing homosexuality. The press reported several cases of
    violence against gay and lesbian couples during the year. On May 24,
    several persons assaulted a gay man in Rome in a neighborhood where
    members of the gay community often met in bars and restaurants.
        On January 24, a court sentenced Alessandro Sardelli to seven years
    in prison for assaulting a gay couple during a gay festival in Rome in
    August 2009.
        The Rome police department has created a special unit to
    investigate reports of crimes based on sexual orientation.
        The Arcigay reported two killings and 29 nonlethal attacks against
    lesbian, gay, bisexual, or transgender (LGBT) persons between January
    and August, compared with eight killings and 52 other attacks in 2009.
    Several of the crimes were described as domestic disputes. Some acts of
    vandalism were committed against bars and discos catering mainly to
    LGBT clientele.
        On November 4, the LGBT-rights group Arcigay criticized Prime
    Minister Berlusconi's comment that ``It's better to look at nice girls
    than to be gay,'' which was his response to allegations of improper
    involvement with a female minor. In the midst of the controversy over
    the remark, Minister for Equal Opportunity Carfagna noted that the
    Government had promoted a number of initiatives to fight discrimination
    against gays and lesbians.

        Other Societal Violence or Discrimination.--There were no reports
    of violence or discrimination against persons with HIV/AIDs. No
    underlying pattern of discrimination/abuse was detectable based on
    verifiable incidents.
    Section 7. Worker Rights

        a. The Right of Association.--The law provides for the right to
    establish, join, and carry out union activities in the workplace
    without previous authorization or excessive requirements, and workers
    exercised these rights in practice. The law prohibits union
    organization in the armed forces. Unions claimed to represent between
    35 and 40 percent of the workforce.
        The law provides for the right to strike, and workers exercised
    this right by conducting legal strikes. The law restricts strikes
    affecting essential public services (such as transport, sanitation, and
    health) by requiring longer advance notification and precluding
    multiple strikes within days of each other.
        In February 2009 the Government approved a bill to restrict
    transport strikes. Only those unions representing at least half the
    workforce can call transport strikes.

        b. The Right to Organize and Bargain Collectively.--The law allows
    unions to conduct their activities without interference, and the
    Government protected this right in practice. The law provides for the
    right of workers to organize and bargain collectively, and workers
    exercised this right. According to ISTAT about 8.1 million employees
    (47 percent of all employees) worked under national collective
    bargaining agreements. Trade unions estimated that 3.2 million
    employees were covered by a national collective bargaining agreement.
    These employees were also covered by a second contract negotiated at
    the company or territory-wide level.
        Antiunion discrimination is illegal, and the Government effectively
    enforced labor laws. Employees fired for union activity have the right
    to request reinstatement. There were no reported cases of
    discrimination.
        There are no export processing zones.
        The law relating to free-trade zones allows a company of any
    nationality to employ workers of the same nationality under that
    country's labor laws and social security systems.

        c. Prohibition of Forced or Compulsory Labor.--The law prohibits
    forced or compulsory labor, including by children, and the Government
    enforced such laws; however, there were reports such practices
    occurred.
        Women were trafficked for sexual exploitation, Romani children for
    sexual exploitation and begging, and workers for agricultural labor or
    to work in sweatshops manufacturing counterfeit products. For
    information on forced labor, please see the Department of State's
    annual Trafficking in Persons Report at http://www.state.gov/g/tip.
        Parsec estimated that approximately 700 victims of labor
    trafficking worked outside the sex industry, mainly in domestic,
    agricultural, or service labor. Forced labor occurred primarily in the
    agricultural sector and mostly in the south where, according to Doctors
    without Borders, a large majority of the foreign seasonal workers were
    unregistered and did not hold residence permits.
        Chinese men and women were trafficked to the country for forced
    labor. On May 31, police arrested the Chinese owner of a textile
    factory and charged him with exploiting 15 Chinese illegal laborers.
    Police found the laborers working and living in poor conditions at the
    textile factory near Perugia.

        d. Prohibition of Child Labor and Minimum Age for Employment.--The
    Government sought to enforce laws and policies designed to protect
    children from exploitation in the workplace; however, there were a
    number of reports of child labor.
        The law prohibits employment of children under age 15 with some
    limited exceptions, and there are specific restrictions on employment
    in hazardous or unhealthy occupations for boys under the age of 18 and
    girls under the age of 21. Enforcement was generally effective in the
    formal economy; however, enforcement was difficult in the extensive
    informal economy.
        Illegal immigrant child laborers, mostly between 15 and 18 years of
    age, continued to enter the country from North Africa, the Philippines,
    and China. They worked primarily in the manufacturing and services
    industries.
        Children were trafficked for sexual exploitation and begging.
    Please see the Department of State's annual Trafficking in Persons
    Report at www.state.gov/g/tip.
        On September 30, according to the Ministry of Welfare, 6,587
    unaccompanied minors were registered, 74 percent of whom were hosted in
    protected communities.
        The Government, employers' associations, and unions continued their
    tripartite cooperation to combat child labor. The Ministry of Labor and
    Welfare, working with police and Carabinieri, is responsible for
    enforcement of child labor laws, but their efforts produced limited
    results.

        e. Acceptable Conditions of Work.--Minimum wages, set on a sector-
    by-sector basis, provided a decent standard of living for a worker and
    family. However, workers in the informal sector often worked for less
    than the minimum wage in the corresponding formal sector. The estimated
    2.6 million workers in the informal sector accounted for 11.3 percent
    of the total workforce in 2009 according to ISTAT.
        The legal workweek is 40 hours. Overtime work may not exceed two
    hours per day or an average of 12 hours per week. Unless modified by a
    collective bargaining agreement, the law sets maximum overtime in
    industrial sector firms at 80 hours per quarter and 250 annually. The
    law requires rest periods of one day per week and 11 hours per day.
    Premium pay is required for overtime. These standards were effectively
    enforced.
        The law sets basic health and safety standards and guidelines for
    compensation for on-the-job injuries. There were labor inspectors in
    both the public health service and the Ministry of Labor and Welfare,
    but their numbers were insufficient to provide for adequate enforcement
    of health and safety standards. The standards were not enforced in the
    informal economy. According to the Workmen's Compensation Institute, in
    2009 there were 1,050 work-related deaths. Workers have the right to
    remove themselves from dangerous work situations without jeopardizing
    their continued employment, and the Government effectively enforced
    this right.

                                   __________

                                     KOSOVO

        Kosovo is a parliamentary democracy with a population of
    approximately 2.2 million. Multiparty elections on December 12 for the
    Assembly and the national legislature generally met international
    standards, but serious irregularities in some areas resulted in a
    limited revote in some municipalities. The country declared its
    independence in 2008 when it accepted the Ahtisaari plan, which
    provided for internationally sponsored mechanisms, including an
    International Civilian Office and the EU Rule of Law Mission (EULEX),
    to support the new government. Security forces reported to civilian
    authorities while being monitored by the UN-authorized North Atlantic
    Treaty Organization (NATO) Peacekeeping Force for Kosovo (KFOR).
        During the year reported problems and abuses included the
    following: government interference in security forces and the
    judiciary; lengthy pretrial detention and lack of judicial due process;
    intimidation of media by public officials and individuals; incidents of
    violence against members of religious communities and damage to
    religious properties; limited progress in returning internally
    displaced persons (IDPs) to their homes; government corruption,
    including in the police force and the judiciary; violence and
    discrimination against women; trafficking in persons, particularly
    girls and women for sexual exploitation; societal violence, abuse, and
    discrimination against minority communities; societal discrimination
    against persons with disabilities; abuse and discrimination against
    persons based on their sexual orientation; and child labor in the
    informal sector.
                            respect for human rights
    Section 1. Respect for the Integrity of the Person, Including Freedom
            From:

        a. Arbitrary or Unlawful Deprivation of Life.--There were no
    reports that the Government or its agents committed arbitrary or
    unlawful killings during the year. There were developments in 1999-2003
    cases of suspected politically motivated killings.
        Following the November 2009 release of a video confession of a
    self-proclaimed political assassin, Nazim Bllaca, EULEX made four
    arrests during the year on suspicion of more than 20 politically
    motivated killings during the period 1999-2003. Bllaca and the three
    others arrested in the case are suspected of murder and attempted
    murder of political figures under orders from the Kosovo Information
    Service (SHIK), which served the Kosovo Liberation Army (KLA) until the
    end of the Kosovo conflict. SHIK reported its official disbandment in
    2008. The investigation in the case continued at year's end. On July
    13, EULEX police arrested Fahredin Gashi in connection to the
    investigation. Gashi was charged with war crime offenses committed in
    1999 in the Lipjan/Lipljan municipality. On November 30, Nazim Bllaca
    was released from pretrial detention after spending one year in
    custody. The release was statutorily mandated, as pretrial detention
    cannot extend beyond one year.
        EULEX's mandate included investigation, trial, and prosecution of
    war crimes from the 1998-99 conflict (see section 1.e., trial
    procedures).
        On July 5, an unknown assailant shot and injured Petar Miletic, a
    member of the Assembly and the permanent secretary of the Kosovo Serb
    Independent Liberal Party, in front of his apartment as he departed for
    work. Interior Minister Bajram Rexhepi told the media that Miletic was
    hit by two bullets. Miletic was treated in the hospital and released
    after one week. Police said they had a description of the shooter, and
    an investigation was ongoing at year's end.
        On December 12, the Parliamentary Assembly of the Council of Europe
    (COE) released a report by COE rapporteur Dick Marty on allegations
    concerning inhuman treatment of persons and illicit trafficking in
    human organs in the country. The report stated that, from July 1999 to
    mid-2000, elements of the KLA and affiliates held scores of
    ``disappeared'' persons in Albania at informally arranged locations at
    Bicaq, Burrel, Rripe, and Fushe-Kruje. The report further alleged that
    a small number of these persons became ``victims of organized crime,''
    their kidneys extracted for use by an international organ-trafficking
    ring. The report stated that all of those held, Albanians and Serbs,
    were presumed to have been killed. According to the report, first-hand
    sources implicated five members of the so-called ``Drenica Group''
    within the KLA--Hashim Thaci, Xhavit Haliti, Kadri Veseli, Azem Syla,
    and Fatmir Limaj--in having ordered, and in some cases personally
    overseen, assassinations, detentions, beatings, and interrogations in
    the context of KLA-led operations on the territory of Albania between
    1998 and 2000. The report also stated that the head of the alleged
    Drenica Group, current Prime Minister Hashim Thaci, reportedly operated
    with the ``support and complicity'' not only of Albania's formal
    governance structure, including the Albanian socialist government in
    power at the time, but also from Albania's Secret Service and the
    Albanian mafia.
        The Interim Administration Mission in Kosovo (UNMIK) and the
    International Criminal Tribunal for the former Yugoslavia (ICTY), whose
    mandates did not extend into Albania, previously investigated the
    allegations of organ harvesting contained in the Marty report and
    concluded that there was insufficient evidence to pursue a criminal
    case. The EULEX War Crimes Unit maintains an open investigation into
    the organ trafficking allegations. The EULEX War Crimes Unit stated
    that it possessed no evidence related to the Marty report allegations
    and called on the COE and other parties to share whatever evidence they
    may have obtained. The report also calls on Serbia, Kosovo, and Albania
    to cooperate closely with EULEX in support of the investigation. Kosovo
    authorities denounced the content of the report but pledged their
    cooperation with any investigation.
        On June 11, the district court in Pristina sentenced Arben Berisha
    to the maximum prison sentence of 40 years in the 2007 killing of
    police officer Triumf Riza. The court also sentenced Fitim Avdiu to 10
    years as an accomplice, and fined Agron Emini 2,000 euros ($2,680) for
    assisting the perpetrator of a criminal offense. Three other persons
    accused in the case--Enver Sekiraca, Ilir Abdullahu, and Rrahim
    Abdullahu--remained at large.

        b. Disappearance.--There were no reports of politically motivated
    disappearances; however, according to the International Committee of
    the Red Cross (ICRC), as of the end of August, there were 1,822 persons
    still listed as missing as a result of the 1998-99 conflict. Of the
    missing, 70 percent were Kosovo Albanians, and 30 percent were Kosovo
    Serbs and other minorities.
        During the year the Ministry of Justice and the former Office on
    Missing Persons and Forensics, which became the Department of Forensic
    Medicine (DFM) this year pursuant to the law, continued to identify the
    remains of missing persons. From January to December the DFM and the
    International Commission for Missing Persons (ICMP) positively
    identified 56 missing persons, and transferred remains to families.
    Additionally the DFM and ICMP confirmed the identity of 47 persons
    previously identified and buried, but for whom there were concerns
    about the initial identification. In August the DFM began excavation of
    a large, complex site in Vushtrri/Vucitrn municipality with assistance
    from the Kosovo Security Force (KSF). As of mid-December, 364
    unidentified sets of remains were in DFM custody (337 from Kosovo sites
    and 27 from Serbian sites).
        During the year officials from Kosovo and Serbia met four times in
    a working group on missing persons chaired by the ICRC and under the
    auspices of the UN Special Representative of the Secretary-General. Two
    meetings of its sub-working group on forensic issues were held during
    the year.

        c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
    Punishment.--The constitution and law prohibit such practices, and
    there were no reports during the year that the Government, EULEX, or
    KFOR (which has limited arrest and detention authority) employed them.
        The December 12 COE report on inhuman treatment of persons and
    illicit trafficking in human organs (see section 1.a.) alleged that,
    from 1998 to June 1999, the KLA, with the cooperation of the Albanian
    Secret Service, detained ``prisoners of war'' from Kosovo at locations
    in Durres, Cahan, and Kukes, where they were held in makeshift
    cellblocks, left in unsanitary conditions without food and water, and
    were visited periodically by KLA soldiers to be questioned under harsh
    treatment or indiscriminately beaten.
        Some supporters of Vetevendosje (``Self-Determination'' Movement)
    leader Albin Kurti reported they were injured during his June 12 arrest
    in Pristina. Kurti, who escaped from a house arrest sentence stemming
    from a violent 2007 protest and avoided several earlier attempts to
    return him to custody, was arrested after a protest at his group's
    headquarters. More than 100 supporters tried to impede the arrest, and
    the Kosovo Police (KP) used two canisters of tear gas to control the
    crowd. Several supporters sought medical treatment following the
    interaction with police, alleging they were beaten with batons and
    sustained burns from the tear gas. Vetevendosje activists overturned
    two EULEX vehicles that were present at the scene and slashed tires of
    several KP vehicles.
        In 2009 the COE's Committee for the Prevention of Torture (CPT)
    released a report on the country based on its 2007 visit. The report
    stated that the CPT received a number of reports of mistreatment of
    detainees by KP officers, consisting mainly of punches, slaps, and
    kicks by officers attempting to obtain confessions. The report noted
    that, in a few cases, the alleged mistreatment (such as a mock
    execution and prolonged and severe beatings) could easily be described
    as torture and noted that a number of detained persons alleged that
    police officers had exerted psychological pressure on them not to file
    a complaint regarding the mistreatment.

        Prison and Detention Center Conditions.--Prisons and detention
    center conditions generally met international standards, and the
    Government permitted monitoring visits by independent human rights
    observers.
        During the year there were some allegations of abuse and
    mistreatment of prisoners. In October the Kosovo Rehabilitation Center
    for Torture Victims (KRCT), a local NGO that visited and monitored
    prisons and detention centers, published a report on its 2009-10 visits
    to all prisons and detention facilities in the country. The KRCT
    reported no allegations of excessive use of force; it received few
    allegations of ill-treatment by police, mainly during arrest or
    questioning and no cases of ill-treatment in police holding cells.
        The KRCT reported an allegation of excessive use of force by a
    guard in the Peje/Pec Detention Center but noted that the inmate did
    not report any further abuses against him when interviewed again in
    April. Additionally the KRCT reported a case of physical abuse of a
    juvenile in the Lipjan/Lipljan Correctional Center in February 2009.
        The KRCT noted that some cells, mainly in the Dubrava Prison,
    lacked proper ventilation and access to natural light. The quality and
    quantity of hygiene products provided to inmates was low. The KRCT also
    raised concerns of overcrowding in the Dubrava Prison. The KRCT
    commended new initiatives to screen inmates for HIV and hepatitis and
    cited the establishment of the Forensic Psychiatry Institute,
    established with funding and assistance of the EU, for the treatment of
    mentally ill inmates. However, the KRCT raised concerns that medical
    supplies to detention and correctional centers were sometimes
    interrupted and indicated that a decrease in investments in medical
    supplies, services, and specialized health treatment have affected the
    quality of health care in the correctional system.
        The Kosovo Correctional Service (KCS) managed daily operations at
    all correctional and detention centers. EULEX retained a limited
    monitoring, mentoring, and advising role in the prisons. Additionally
    EULEX transported prisoners upon request. As of the end of December,
    there were approximately 1,320 convicted prisoners and 130 pretrial
    detainees mixed in prison and detention centers. There were 35 females
    (20 convicted prisoners and 15 pretrial detainees) and 45 juveniles (12
    detainees and 33 in juvenile imprisonment). During the year the monthly
    prison population at the main correctional center, Dubrava Prison,
    varied from 650 to 1,000 inmates, below its total capacity of 1,200.
    Three correctional facilities, six detention centers, one center for
    the protection of witnesses, and one prison hospital operated during
    the year.
        The KRCT reported that there continued to be facilities in which
    pretrial detainees mixed with convicted prisoners, including the
    detention centers in Peja/Pec, Gjilan/Gnjilane, and North Mitrovica.
    The Kosovo Correctional Service reported that there were no facilities
    that co-located pretrial detainees and convicted prisoners. The KRCT
    also reported that it had observed multiple cases of pretrial detainees
    being held for more than 12 months. The correctional service confirmed
    that a number of pretrial detainees were held for periods of longer
    than one year, which is a violation of the law.
        The KRCT reported that there are ``no major problems regarding
    inmates contact with the outside world, access to information, or right
    to practice religion,'' that inmates are provided adequate information
    about their rights and their nutrition, and that ``minority rights in
    the detention centers are still well respected.'' The KRCT raised a
    concern about the lack of teachers in the Lipjan/Lipljan Correctional
    Center for juveniles and noted that some subjects taught in the public
    school system are not available in the correctional center. Corruption
    and nepotism, especially in Dubrava Prison, remained a concern. As a
    consequence, privileges, disciplinary measures, and review of
    complaints were not always applied in a fair and transparent way.
        Authorities permitted visits and monitoring of the country's
    prisons and detention centers. The ombudsman and KRCT inspected
    correctional and detention centers during the year. The ombudsman
    reported good cooperation from the correctional service, including the
    ability to conduct private interviews with inmates during visits.
    Detainees could submit complaints and requests for investigations to
    judicial authorities, without censorship, through anonymous boxes in
    prison. The director of the KCS received 65 official requests regarding
    prison conditions from prisoners as of the end of the year, but none of
    these requests were classified as complaints by the KCS. On June 8 to
    15, the CPT visited a number of detention and correctional facilities;
    the CPT had not released its report on the visit as of year's end. The
    ICRC did not conduct any prison or detention facility inspections
    during the year.
        The KRCT's report called material conditions ``generally good'' and
    noted a number of improvements since 2008 on the basis of observer
    recommendations. ``Police holding cells keep being renovated and the
    situation continues to improve on the infrastructure level. The
    conditions in police custody are globally fine and the law generally
    respected.'' During the year the Government spent 3.39 million euros
    ($4.5 million) to improve living conditions in prisons and detention
    centers and to open a new detention facility, with capacity for 200
    persons, in Smrkovnica.

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

        Role of the Police and Security Apparatus.--Local security forces
    include the KP and KSF. Police function under the authority of the
    Ministry of Internal Affairs. In 2008 the EU rule of law mission in
    Kosovo, EULEX, became operational and established its mandate to
    monitor, mentor, and advise local judicial and law enforcement
    institutions. EULEX possesses limited executive authority in areas
    including organized crime, corruption, war crimes, witness protection,
    money laundering, terrorist financing, and international police
    cooperation. In July 2009 police assumed primary responsibility for
    terrorism investigations that did not have international impact. The
    KSF is a lightly armed security and civil defense force that functions
    under the civilian authority of the Ministry of Kosovo Security Force
    and is mentored by KFOR.
        In April the prime minister appointed a new acting director general
    of the KP. The minister of internal affairs and the new general
    director then signed an order creating a unified chain of command
    within the police. The acting director general, with approval of the
    minister of internal affairs, then formalized an organizational
    structure for police.
        As of December, members of ethnic minorities comprised an estimated
    15 percent of 7,291 police officers; 9.5 percent of officers were
    Kosovo Serbs. An estimated 13 percent of officers were women.
        The Government and EULEX shared executive authority over police,
    although EULEX authority is limited to the Serb-majority areas north of
    the Ibar River. The KP were responsible for day-to-day police
    operations in all areas of the country, but EULEX exercised additional
    executive authority and oversight in Serb majority northern
    municipalities of Zubin Potok, Zvecan, Leposaviq/Leposavic, and the
    northern part of Mitrovice/Mitrovica.
        Specialized police units investigating war crimes, financial
    crimes, and organized crime, and the EULEX police witness protection
    program, remained staffed by international EULEX police officers and
    operated independently of police. EULEX and the KP independently
    operated units on criminal intelligence and organized crime. EULEX's
    international police officers, prosecutors, and judges deployed in the
    country have broad discretion to intervene in any particular criminal
    matter. However, as a practical matter, most policing duties and
    responsibilities were in the hands of the local police.
        The Police Inspectorate of Kosovo (PIK) operated as an independent
    body under the Ministry of Internal Affairs and has a mandate to
    conduct investigations and inspections involving police personnel. The
    PIK law was amended on October 14 and will enter into force on June 1,
    2011, transferring the authority to conduct criminal investigations of
    police personnel from within the KP to the independent PIK.
        During the year the PIK reviewed 1,185 complaints, of which 577
    were citizen-initiated complaints, 13 were complaints from
    institutions, and 595 were initiated by police. Of those complaints,
    the PIK pursued further investigation into 408 and turned 541 cases
    over to the KP Professional Standards Unit (PSU). Court decisions for
    criminal cases were pending in 106 cases, and 100 cases were pending
    before the Senior Police Appointment and Discipline Committee. Of the
    408 cases investigated by the PIK, 20 percent were allegations of
    serious discipline violations. Of the discipline violations, 20 percent
    were for serious cases of conduct unbecoming a police officer, 13
    percent involved allegations of inappropriate use of force, 12 percent
    involved criminal offenses (and were referred to the Prosecutor's
    Office), 9 percent were for serious insubordination, 2 percent
    concerned complaints of corruption, and the remainder were various
    violations categorized as serious.
        The PSU investigated minor police violations and imposed
    administrative penalties for infractions. During the year the unit
    opened 639 cases, including instances of minor insubordination and
    damage or loss of police property. As of the end of the year, 73 cases
    remained under investigation.

        Arrest Procedures and Treatment While in Detention.--Police
    generally made arrests openly using a warrant issued by a judge or
    prosecutor and based on sufficient evidence. In some cases, masked or
    undercover officers conducted arrests. By law arrests must be based on
    prosecutors' orders, and arrestees must be brought before a judge
    within 72 hours. The majority of the year's arrests were carried out by
    police. There were no reports that police abused the 72-hour rule, and
    authorities generally charged arrestees within six to eight hours or
    released them. Arrestees have the right to be informed of the reason
    for their arrest in a language they understand; to remain silent and
    not answer any questions except those concerning their identity; to
    obtain free assistance of an interpreter; to obtain defense counsel and
    to have defense counsel provided if they cannot afford one; to receive
    medical and psychiatric treatment; and to notify a family member.
    Police and EULEX police generally respected most of these rights in
    practice.
        In its 2009 report, the CPT noted that a number of detained persons
    claimed that they were not able to contact a lawyer at the outset of
    their detention, but only at the time of the initial period of
    questioning with a criminal police officer. In some cases, the right of
    access to a lawyer only became effective after the initial period of
    questioning.
        Under extraordinary circumstances, KFOR can arrest and detain
    individuals without a warrant. The KFOR commander can detain
    individuals for 72 hours, renewable for a second 72-hour period. After
    144 hours, KFOR must release the detainee. There were no reports that
    KFOR arrested persons without a warrant during the year.
        The KP and EULEX police may hold individuals for up to 72 hours
    without a court order. Following an initial ruling, a court may hold
    individuals in pretrial detention for 30 days from the day of arrest
    and can extend detention up to a total of one year if no indictment has
    been filed. After an indictment has been filed and until the conclusion
    of trial proceedings, detention on remand may be ordered or terminated
    only by the ruling of the trial panel. There is a functioning bail
    system. The law allows for house arrest, confiscation of travel
    documents, and expanded use of bail as alternatives to pretrial
    detention. Defendants can also appeal their detention on remand.
        Lengthy detentions, both before and during judicial proceedings,
    remained a problem. The law provides that a judge may impose pretrial
    detention when there is well-grounded suspicion that a person has
    committed a criminal offense and that person is likely to destroy,
    hide, or forge evidence; influence witnesses; flee; repeat the criminal
    offense or engage in another criminal offense; or when other measures
    provided by the law are insufficient to secure the defendant's presence
    during criminal proceedings. In practice, however, judges routinely
    used detention on remand without showing any evidentiary justification.
    In particular, in the Mitrovica District Court, which sits in Vushtrri/
    Vucitrn, detention on remand for defendants has been continuously
    extended throughout the period that the court has operated with limited
    capacity.
        Trial delays were caused by factors including judicial inefficiency
    and corruption.

        Amnesty.--On February 17, the president granted amnesty or commuted
    the sentences of 62 individuals (approximately 5 percent of the total
    population of prisoners and pretrial detainees) in honor of the
    country's second anniversary of independence.

        e. Denial of Fair Public Trial.--The constitution provides for an
    independent judiciary; however, the local judiciary was at times
    biased, subject to outside influence, and did not always provide due
    process. There were credible reports of corruption in the local
    judiciary, and the court system was inefficient. There was no effective
    mechanism for disciplinary proceedings against judges.
        The court system included a constitutional court, a supreme court,
    five district courts, a commercial court, 25 municipal courts, 25 minor
    offense courts, and an appellate court for minor offenses. On July 22,
    the Assembly approved the law on courts, regulating the organization,
    functioning, and jurisdiction of the courts in the country. Through
    EULEX, 31 international judges and 15 international prosecutors
    supported local judges and prosecutors. There is one state public
    prosecutor's office, five district prosecutors' offices, and seven
    municipal prosecutors' offices. EULEX exercised its executive authority
    over a special prosecutor's office which included eight international
    prosecutors focused on serious crimes including human trafficking,
    money laundering, war crimes, and terrorism.
        In criminal cases in which EULEX international judges exercised
    their jurisdiction, these judges sat on mixed panels with local judges.
    EULEX judges were the majority on these panels, with one EULEX judge
    serving as the presiding judge. The president of the Assembly of EULEX
    Judges has the authority to create a panel solely or majority of which
    are local judges, or to not assign particular stages of proceedings to
    EULEX judges. For civil cases in which EULEX international judges
    exercised their jurisdiction, judicial panels were composed of three
    judges, two of which were EULEX judges.
        Under the Kosovo Judicial Council (KJC), the Office of the
    Disciplinary Commission (ODC) was responsible for investigating the
    activities of judges, prosecutors, and lay judges, and for prosecuting
    cases of misconduct before the KJC. During the year 89 new cases were
    referred to the ODC. The ODC convened hearings and ruled on 23 of the
    219 cases before it. The ODC's total caseload included 130 cases
    carried over from previous years. The Judicial Audit Unit analyzed and
    evaluated the functioning of the courts and public prosecutors' offices
    and submitted reports and recommendations to the KJC.
        The Mitrovice/Mitrovica District Court continued to function
    partially during the year. Since 2008 only EULEX judges were based at
    the court's premises in northern Mitrovica, while other operations of
    the Mitrovica district and municipal courts and the Mitrovica district
    and municipal prosecutors' offices continued to operate from the
    Vushtrri/Vucitrn Municipal Court.
        District and municipal courts in Mitrovice/Mitrovica and municipal
    courts in Leposaviq/Leposavic and Zubin Potok remained closed following
    2008 protests against the country's independence. Efforts to reopen the
    Mitrovice/Mitrovice District Court stalled in July when Kosovo Serb
    judges who were scheduled to take up positions on the court withdrew
    following intimidation from Serb parallel authorities and persons
    claiming to represent Serbian institutions. The two Kosovo Serb judges
    indicated they would they would not take their positions until
    ``appropriate conditions,'' including security measures, were in place.
        The Serbian government continued to operate an unsanctioned
    parallel judicial system in Kosovo Serb enclaves and in majority Serb
    municipalities.

        Trial Procedures.--Trials are public, and defendants enjoy the
    presumption of innocence, the right to be present at their trials, to
    confront witnesses, to see evidence, and to have legal representation.
    Representation may be provided at public expense if necessary; however,
    this procedure was used rarely in practice. Defendants have the right
    of appeal. Trials are heard by panels consisting of professional and
    lay judges; there are no jury trials.
        The Legal Aid Commission, an independent government agency,
    provided free legal assistance to low-income individuals through five
    district legal aid bureaus. From January to June, the commission
    provided legal assistance to 1,479 persons.
        The Ministry of Justice operated a judicial integration section
    that continued to address judicial system problems affecting
    minorities. To that end, the ministry operated 11 court liaison offices
    to assist minority communities in Kosovo Serb majority areas by
    accompanying them to courts, filing documents with courts on their
    behalf, and providing information and legal assistance to refugees and
    IDPs.
        War crimes cases are overseen by EULEX, which in 2008 assumed
    responsibilities formerly held by UNMIK to ensure that war crimes cases
    are properly investigated and prosecuted. Under EULEX's mandate, cases
    can be investigated and adjudicated either independently by
    internationals or, where appropriate, jointly with Kosovo counterparts.
    By the end of 2009, EULEX prosecution had tried four war crimes cases.
    A May report by the Kosovo Mission of the Organization for Security and
    Cooperation in Europe (OSCE) found a systematic failure to adjudicate
    war crimes cases as well as a lack of resources for this effort.
        On December 14, EULEX police, supported by the KP, arrested two
    Kosovo Albanians in the Prizren region in an ongoing investigation into
    war crimes. The charges are related to application of measures of
    intimidation, terror, dislocation, and displacement of the civilian
    population committed in 1998 in Rahovec/Orahovac and nearby villages.
    The investigation was under the supervision of a EULEX prosecutor from
    the Kosovo Special Prosecution office.
        On November 9, a mixed panel of two EULEX judges and one Kosovo
    judge found Vukmir Cvetkovic guilty of committing war crimes and
    sentenced him to seven years in prison. Cvetkovic was found guilty of
    expelling one family from the town of Hline/Klina and burning the homes
    of two families in 1999, as a member of the Serbian Police.
        On May 6, EULEX police arrested former KLA members Sabit Geci and
    Riza Aliaj on suspicion of having committed war crimes in 1999. The
    Kosovo Special Prosecutor filed indictments in the case on August 6. On
    November 25, the pretrial judge of the District Court in Mitrovica
    confirmed the indictments against Sabit Geci and Riza Aliaj. The
    defendants remain in detention on remand, and a trial has not yet been
    scheduled. A third defendant is at large.
        There were no new developments stemming from the September 2009
    arrest by EULEX police of Slobodan Martinovic, Srecko Martinovic, and
    Svetlana Stojanovic for war crimes committed in 1999. The three
    allegedly kidnapped and tortured eight persons at an informal detention
    center in the Novoberde/Novo Brdo and Gjilan/Gnjilane area. EULEX
    charged them with inhuman treatment, immense suffering or violation of
    bodily integrity or health, application of measures of intimidation and
    terror, and illegal arrest and detention. At year's end no hearing or
    trial date had been set.
        In October 2009 the Pristina District Court found Rrustem ``Remi''
    Mustafa, Latif Gashi, and Nazif Mehmeti guilty of war crimes for the
    torture of civilian detainees at three KLA detention facilities. The
    court, composed of one local and two EULEX judges, sentenced Mustafa to
    four years in prison, Gashi to six years, and Mehmeti to three years.
    At year's end, Mustafa remained free pending a final judgment on his
    appeal. During the conflict, Mustafa had been the chief of the KLA
    operational zone of Llap, and he later became a PDK member of the
    Assembly and chairman of the Assembly's Security Committee. All three
    were arrested in 2002 on charges of war crimes for illegal detention,
    torture, and killing of suspected collaborators of the Milosevic regime
    in the 1990s. Of the 26 victims listed in the indictment, one was
    Serbian; five were killed.
        There were no developments in the war crimes case against Momcilo
    Jovanovic. In February 2009 an international EULEX prosecutor at the
    Peje/Pec District Court issued an arrest warrant for Jovanovic after he
    failed to respond to official summons to appear in court. In 2008 an
    international prosecutor indicted Jovanovic for war crimes, murder, and
    other violations of the laws of war for incidents that took place in
    1998-99 in the village of Katundi i Ri/Vitomirca.

        Political Prisoners and Detainees.--There were no reports that the
    Government or KFOR held political prisoners or detainees.

        Civil Judicial Procedures and Remedies.--The constitution provides
    for an independent judiciary in civil matters. The local judiciary was
    at times biased and subject to outside influence and did not always
    provide due process. The media and public perceived the judiciary to be
    corrupt, secretive, and inefficient. Complaints submitted to the Office
    of Disciplinary Counsel dropped between September 2009 and August 2010.
        In November 2009 the European Commission reported that the
    country's judicial system remained weak at all levels. The commission
    cited the low public confidence in the justice system as well as the
    continuing existence of three parallel sources of legislation (former
    Yugoslav law, UNMIK regulations, and Kosovo law) as particular
    problems. The commission also noted that the backlog of court cases
    remained a serious problem. The Kosovo Judicial Council established a
    working group to develop a national backlog reduction strategy.
        According to monitoring reports released by the OSCE in 2009 and
    during the year, civil judicial procedures were plagued by delays, and
    judgments often lacked necessary reasoning. Judges often failed to
    manage their cases effectively and to discipline parties abusing
    procedural avenues to delay proceedings.
        Individuals may appeal to courts in order to seek damages for, or
    cessation of, human rights violations. In practice there were many such
    lawsuits pending. Individuals turned to the Constitutional Court for
    review of their rights to due process. More than 60 percent of cases
    filed with the Constitutional Court during the year alleged violations
    of constitutional rights by courts, prosecutors, or police.
        There were problems enforcing civil court orders. For example,
    shortly after a May 2009 settlement agreement regarding a land dispute,
    the Decan/Decani municipality publically stated that it would not amend
    the municipal property records regardless of the eventual decision of
    the Supreme Court.

        Property Restitution.--Systemic challenges to the restitution of
    property persist. A March 2009 OSCE report assessed that the legal
    system's review of property rights cases was hindered by a confusing
    mix of laws, regulations, administrative instructions, court practices,
    and directives in the field of property as well as the country's
    complex post-conflict environment.
        The Kosovo Property Agency (KPA) is responsible for the resolution
    of residential, commercial, and agricultural property claims arising
    from the Kosovo conflict. As of the end of the year, the agency
    administered 3,131 abandoned properties. Of those, 2,576 were
    administered upon the request of a successful claimant, and 515 were
    administered based on official interventions by the Housing and
    Property Claims Commission (HPCC, the predecessor adjudicating agency
    to the KPA). The KPA rented 863 properties on behalf of the legitimate
    owners who received 2.5 million euros ($3.35 million) in rent. At
    year's end, the agency had received 41,099 total claims: 36,637 for
    agricultural property, 974 for commercial property, and 3,488 for
    residential property. Kosovo Serbs in the northern part of Mitrovice/
    Mitrovica continued to occupy Kosovo Albanian-owned properties and
    denied their owners access; Kosovo Albanians in the southern part of
    the municipality occupied and denied Kosovo Serbs access to their
    property. The KPA has orders for 481 evictions pending in Mitrovice/
    Mitrovica, 299 of which are in north Mitrovica and 182 of which are in
    south Mitrovica. These 481 eviction orders represent 83 percent of all
    pending evictions by KPA. During the year the KPA carried out 182
    evictions Kosovo-wide.
        The KPA remained unable to enforce seven HPCC decisions for
    properties located in the northern part of Mitrovice/Mitrovica, due to
    concern by authorities that attempts to serve eviction notices would
    lead to violence.
        The KPA also examined requests for reconsideration in instances
    where the original claim had been denied. As of December one HPCC
    request for reconsideration remained pending. Additionally the Kosovo
    Property Claims Commission (KPCC), a quasi-judicial arm of the KPA
    acting under the KPA mandate, adjudicated 26,953 claims by the end of
    December. The KPCC overturned 18,637 claims based primarily on
    incorrect notification or other technical reasons. Of the overturned
    claims, the KPCC re-adjudicated 1,680. As such the number of valid
    adjudicated claims stands at 10,266. The total number of implemented
    KPCC decisions stands at 2,249.
        The backlog of property-related claims in municipal courts remained
    high with approximately 20,000 outstanding at year's end, representing
    almost exclusively monetary claims by Kosovo Serbs for war-related
    damage.

        f. Arbitrary Interference With Privacy, Family, Home, or
    Correspondence.--The constitution and law prohibit such actions, and
    the Government, EULEX, and KFOR generally respected these prohibitions
    in practice. KFOR forces retained the ability to assist local police
    and EULEX police in conducting searches for high-risk suspects and
    independently to search private property for weapons without court
    orders, based on UN Security Council Resolution 1244's peacekeeping
    authority. During the year KFOR did not conduct any such searches.
    Section 2. Respect for Civil Liberties, Including:

        a. Freedom of Speech and Press.--The constitution and law provide
    for freedom of speech and of the press, and the Government generally
    respected these rights in practice. However, there were reports that
    media representatives were intimidated by public officials,
    politicians, and businesses. The media also encountered difficulties in
    obtaining information from the Government and public institutions. The
    law on broadcast media prohibits hate speech and speech that incites
    ethnic violence.
        Individuals generally could criticize authorities publicly or
    privately without reprisal.
        According to the Association of Professional Journalists of Kosovo
    (APJK), media outlets' financial difficulties left the editorial
    independence and journalistic professionalism of both print and
    television media vulnerable to outside influence and pressure. A few
    newspapers were financially self-sufficient and thus able to develop
    editorial policies independent of business and political interests.
    However, other newspapers relied on funding from businesses and
    political interest groups, as well as the Government, which provided
    financial support in exchange for positive coverage or absence of
    critical coverage.
        There was no direct censorship of print or broadcast media;
    however, journalists reported pressure from politicians and organized
    crime, which frequently resulted in self-censorship. Some journalists
    refrained from critical investigative reporting out of fear for their
    personal security or their jobs. Journalists were occasionally offered
    financial benefits in exchange for positive reporting or for abandoning
    an investigation, and government officials and suspected criminals
    verbally threatened some journalists for perceived negative reporting.
    According to editors, government agencies and corporations withdrew
    regular advertising from newspapers that had published critical
    coverage of them.
        Print media self-regulated through a code of conduct adopted by the
    Press Council, an organization composed of print editors and publishers
    and led by an international member elected by the council. The
    council's complaint board reviews and issues decisions on complaints
    against media outlets. The council requires media outlets found to have
    violated the group's code of conduct to publish the council's negative
    finding. Under the council's new statute, which entered into force on
    January 26, the council no longer imposes monetary fines for
    misconduct.
        The Independent Media Commission implemented regulations and
    enforced codes of conduct governing broadcast media. The commission is
    a permanent body overseen by a seven-member governing council.
        As of December the country had 104 licensed broadcasters on the
    terrestrial network (39 of which broadcast in minority languages); the
    broadcasters expressed a wide variety of views. Of the 65 broadcasters
    whose primary language was Albanian, the three entities of the publicly
    funded Radio Television Kosovo (RTK) group (RTK Television, Radio
    Kosova, and Radio Blue Sky) also broadcast daily in minority languages.
        The RTK board of directors is responsible for overseeing RTK, and
    the Ministry of Finance controlled its budget. The law provides for
    regulation of RTK program content and requires that at least 15 percent
    of RTK program time, including prime time, be dedicated to minority
    communities in their respective languages on a proportional basis.
        State broadcaster RTK operated on interim funding allocated by the
    Assembly pending amendment of the law on RTK. In October 2009 the
    Constitutional Court suspended RTK's principal funding mechanism, a
    3.50 euro ($4.70) monthly RTK fee that had been added to all
    electricity bills. The suspension of the fee caused the European
    Broadcast Union to issue a public letter noting that this decision
    endangered the broadcaster's independence.
        There were no reports of censorship or harassment of the
    publication of books, and publishing houses expressed a wide variety of
    views without restriction.
        There were no reports that the Government used libel laws, national
    or public security grounds, or publishing restrictions as vehicles to
    limit the operations of print, broadcast media, or publishing houses.
        During the year the APJK reported 33 instances of press freedom
    abuse by government officials, business interest groups, and media
    owners, including verbal threats to journalists and their agencies by
    individuals affected by negative media coverage, pressure not to
    publish certain materials and articles, and obstruction of their work.
    The APJK also reported that many journalists complained that editors
    often did not allow them to publish or broadcast stories critical of
    the Government or particular officials due to editors' or media
    outlets' connections to, or preferences for, certain senior government
    officials. In some cases, journalists reported that editors threatened
    to fire them if they continued to produce stories critical of the
    Government. Three journalists reported that editors prevented them from
    producing stories on high-level government corruption.
        On August 27, the Vienna-based South East Europe Media Organization
    (SEEMO) issued a press release on the organization's concerns about
    restrictions on the ability of journalists to travel. SEEMO reported
    that several journalists had been denied passports because they were
    under police investigation or faced court proceedings. All passport
    applicants, including journalists, are required to submit a certificate
    from a competent court certifying that the applicant is not under
    investigation or court proceedings. Since journalists are often sued
    for critical reporting and are further subject to excessive court
    delays, SEEMO called the requirement ``a clear restriction of the
    freedom of movement of journalists.''
        On November 14, Kosovapress online news agency reporter Sebahate
    Shala quit her job following a November 13 press conference in which
    she asked a EULEX official whether Minister of Transport and
    Communications Fatmir Limaj should have been included in political
    party PDK's candidate list for Assembly elections, considering that
    Limaj was the subject of an ongoing EULEX investigation. Shala reported
    receiving intimidating and insulting text messages after the press
    conference and publication of her report on the conference. Shala
    reported she was forced to quit because of disagreements with the
    agency's management over her question at, and coverage of, the press
    conference.
        During the year there were several incidents of violence or
    harassment directed at the media.
        On May 13, unknown persons placed signs on buildings on the street
    where the director of the media company Koha Group, Flaka Surroi,
    resided. The signs read ``UBD Street--Veton and Flaka Surroi.'' UBD was
    the acronym for the former Yugoslav/Serbian state security and, among
    the country's majority population, is generally perceived as synonymous
    with ``traitor.'' The placement of the signs followed publication of an
    interview in the Koha Group's top-circulation daily newspaper, Koha
    Ditore, with EULEX prosecutor, Johannes Van Vreeswijk, in which he
    revealed that Minister of Transportation Fatmir Limaj was suspected of
    involvement in organized crime and abuse of duty. Prime Minister Thaci
    publicly criticized the placement of the signs.
        On June 3, the APJK received a complaint from daily newspaper Zeri
    alleging that the president of the Pristina District Court, Anton
    Nokaj, had pressured the newspaper by threatening to press criminal
    charges (as a private citizen) against a reporter for the daily Besa
    Kalaja. Nokaj claimed that Kalaja had falsely reported that charges had
    been pressed against him with EULEX related to the employment of his
    son as an interpreter for the court. Nokaj was not reappointed to his
    post as a judge.
        On June 28, a group of participants at the Serbian anniversary
    celebration of the Battle of Kosovo in Gazimestan damaged the vehicle
    of the Kosovo branch of Tirana-based Top Channel Television and threw
    rocks at a Top Channel cameraman. The cameraman recorded the incident
    and was not injured in the attack. Police were investigating the case.
        On July 20, an explosive device was thrown in the yard of the home
    of the editor in chief of Radio Mitrovica, Caslav Milisavljevic. The
    blast damaged three parked vehicles, one of which belonged to
    Milisavljevic. Some media quoted him as calling the attack politically
    motivated due to his son's involvement with the North Mitrovica
    Municipal Preparation Team, which is working with the national
    government to establish a new Serb-majority municipality within
    Kosovo's administrative system. An investigation into the case was
    ongoing at year's end.
        There were some developments in cases of violence or harassment
    directed against the media in previous years.
        On May 5, EULEX prosecutors reported there was insufficient
    evidence to pursue the January 2009 case of a group of Kosovo Serbs who
    threw an explosive device at firefighters in the northern part of
    Mitrovice/Mitrovica and attacked a television crew from local station,
    TV Most, which was covering the fire, injuring a reporter and
    destroying a television camera.
        There were no new developments in the March 2009 case in which the
    Kosovo Serb media reported that police harassed reporters of the Kosovo
    Serb television production Glas Juga and Radio KIM after they covered a
    Kosovo Serb protest in the village of Shillove/Silovo. Reportedly,
    police officers stopped the reporters, forced cameraman Bojan Kosanin
    out of his vehicle, and kicked him. Police claimed that they did not
    receive any complaints regarding police mistreatment.
        The local newspaper Infopress, cited by the Press Council for
    publishing opinions that constituted hate speech (threats against
    television journalist Jeta Xharra), did not pay the 1,000 euros
    ($13,400) fine imposed by the Press Council in June 2009. Under the
    Press Council's new statute, it no longer imposes fines on media
    outlets.
        The KP assessed that there was no police wrongdoing in the July
    2009 detention of a reporter and a technician from ``TV Iliria'' for
    allegedly provoking the crowd while they were covering a police
    operation involving the arrest of dozens of municipal employees from
    the Viti/Vitina municipal government in July 2009. The reporter and
    technician left the police station, were not interviewed there, and did
    not file any charges against police for the detention. Viti/Vitina
    police later said they filed charges against the reporter and
    technician for obstructing officials in their duties, but the
    journalists have not received notification of any charges against them.

        Internet Freedom.--There were no government restrictions on access
    to the Internet or reports that the Government monitored e-mail or
    Internet chat rooms. Individuals and groups could engage in the
    peaceful expression of views via the Internet, including by e-mail. In
    December the Telecommunications Regulatory Authority reported that
    approximately 40 percent of households had Internet connectivity.

        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, EULEX, and KFOR generally respected this right in
    practice.
        The law on public gatherings requires that organizers inform police
    of protests 72 hours prior to the event. Police are required to notify
    the organizers within 48 hours if the protest will be allowed.
        On a few occasions during the year, police used force to disperse
    demonstrations and beat demonstrators while making arrests.
        There were allegations of excessive use of force by EULEX police in
    the September 11 clash between a group of Kosovo Serbs and EULEX and
    the KP, following an interethnic altercation after Serbia's loss in the
    World Basketball Championship semifinal. One EULEX officer received a
    bullet wound to the foot, and one KP officer and seven Kosovo Serbs
    were also injured in the incident. The KP was investigating the case at
    year's end.
        The PIK investigated but did not issue a conclusion in a May 2009
    case from the Kosovo Serb enclave of Ranillug/Ranilug in Kamenice/
    Kamenica, where local Kosovo Serbs protested power cuts by public
    electricity provider KEK. There were credible reports that multiple KP
    special operations officers beat and kicked one of the protesters while
    he was on the ground. No officers were charged in the case.

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

        c. Freedom of Religion.--For a complete description of religious
    freedom, please see the 2010 International Religious Freedom Report at
    www.state.gov/g/drl/irf/rpt.

        d. Freedom of Movement, Internally Displaced Persons, Protection of
    Refugees, and Stateless Persons.--The constitution and law provide for
    freedom of movement within the country, foreign travel, emigration, and
    repatriation, and the Government and EULEX generally respected these
    rights; however, interethnic tensions and real and perceived security
    concerns restricted freedom of movement in practice.
        The Government cooperated with the Office of the UN High
    Commissioner on Refugees (UNHCR) and other humanitarian organizations
    in providing protection and assistance to internally displaced persons,
    refugees, returning refugees, asylum seekers, stateless persons, and
    other persons of concern.
        Police continued to assess the security situation as stable but
    fragile. No crimes related to freedom of movement were reported to
    police. Nevertheless, members of all ethnic communities continued to
    remain largely within or travel between areas where their group
    comprised the majority.
        Perceived risks and sporadic incidents of violence and intimidation
    continued to limit freedom of movement for Kosovo Albanians in northern
    Kosovo and Serbs in other parts of the country. The Government enhanced
    efforts to facilitate minority travel, but real and perceived risks
    deterred many minorities from traveling outside their neighborhoods.
        There were several cases of explosive devices found along roadways
    and under one bridge in the Strpce/Shterpce area. None were detonated.
        There were no new developments since the 2009 arrests of five men
    in the 2008 case of attempted armed robbery of bus passengers on route
    that carries Kosovo Serbs to Serbia near Podujeve/Podujevo.
        There were no new developments in the 2008 incidents in which
    pedestrians discovered explosive devices along the railway in Old
    Kacanik village in Ferizaj/Urosevac and beneath a railway bridge in
    Mitrovice/Mitrovica.
        The Government regulated movement in and out of the country. The
    law provides that the central civil registry may issue travel documents
    to any person registered as a habitual resident of the country, and the
    registry routinely issued such documents in practice.
        The law prohibits forced exile and authorities did not use it.

        Internally Displaced Persons (IDPs).--According to the UNHCR, at
    the end of the year, there were 18,196 displaced persons within the
    country, 54 percent of whom were Kosovo Serbs and 40 percent Kosovo
    Albanians. Of the 4,100 persons displaced by riots in 2004,
    approximately 1,000 remained IDPs.
        According to UNHCR estimates, the largest number of IDPs,
    approximately 80 percent, were concentrated in the Mitrovice/Mitrovica
    region. In Mitrovice/Mitrovica municipality, many Kosovo Serbs in the
    northern part and Kosovo Albanians in the southern part of the
    municipality remain in displacement.
        International donors completed construction of 96 homes for 96
    families in a Romani settlement in the southern part of Mitrovice/
    Mitrovica that was destroyed during riots in 1999. The homes
    accommodate families that had been living in the lead-polluted Cesmin
    Lug IDP camp and the Osterode camp. Before the new construction this
    year, 484 displaced Roma, Ashkali, and Egyptian inhabitants had
    returned to the neighborhood. On December 2, international donors
    funded a program for testing the blood lead levels of 78 children who
    were resettled from the lead-contaminated camps during the year. In a
    testing and treatment protocol recently approved by the Ministry of
    Health, nurses at the Romani Mahalla medical center have begun testing
    the children for lead poisoning. Testing revealed a significant drop in
    blood lead levels after the resettlement. Depending on additional
    results, follow-up treatment will be conducted by health officials.
        During the year the Ministry of Communities and Returns budgeted
    five million euros ($6.7 million) for returns of, and assistance to,
    IDPs. International community donors also provided funding directly to
    implementing partners of projects for returns in coordination with the
    Ministry of Communities and Returns. The funds were spent on housing
    reconstruction, food and nonfood assistance, income generation grants,
    and basic support infrastructure such as roads and water systems.
        The Government did not attack, target, forcibly return, or resettle
    IDPs under dangerous conditions.
        The KP reported that investigations into four cases of physical
    attacks and verbal harassment against Romani returnees living in
    Gjilan/Gnjilane in July 2009 resulted in three cases being sent to the
    municipal prosecutor's office and one case being sent to the municipal
    court for minor offenses.

        Protection of Refugees.--The country is not a party to the 1951
    Convention relating to the Status of Refugees or the 1967 Protocol.
    However, the law is based on and refers to the 1951 convention and 1967
    protocol to provide for the granting of asylum or refugee status, and
    the Government has established a system for providing protection to
    refugees.
        The asylum law entered into effect in 2008. Administrative
    instructions, such as procedures and standards for the reception and
    initial treatment of asylum seekers, and rights and obligations of
    asylum seekers, have been promulgated and are pending implementation.
    During the year the UNHCR continued to assist the Department of
    Borders, Asylum, and Migration in building its capacity to adjudicate
    claims; to provide training to border police in identifying and
    processing individuals who request asylum at ports of entry; and to
    prevent the return of persons to countries where their lives or freedom
    would be threatened. In addition the Government has issued a decision
    on the establishment of the national commission for refugees, and with
    the European Commission, is funding a construction of a new reception
    center for asylum seekers in Lipjan/Lipljan municipality.
        In practice the Government provided protection against the
    expulsion or return of refugees to countries where their lives or
    freedom would be threatened on account of their race, religion,
    nationality, membership in a particular social group, or political
    opinion. At year's end, the country hosted 220 refugees, mostly from
    neighboring countries.
        According to the UNHCR, from January 2009 until December 2010, 271
    asylum seekers applied for international protection in the country. The
    Department of Borders, Asylum, and Migration and the asylum center
    accommodated all asylum seekers. In January a temporary asylum center
    in Pristina was opened. The facility was filled to capacity early in
    the year. At year's end only 62 of the 272 asylum seekers remained in
    the country. Figures on stateless persons were unavailable, but the
    UNHCR reported assisting nearly 10,000 from the Roma, Ashkali, and
    Egyptian community to obtain civil status registration in recent years.
    Section 3. Respect for Political Rights: The Right of Citizens to
            Change Their Government
        The constitution and law provide residents with the right to change
    their government peacefully, and citizens exercised this right in
    practice through periodic, free, and fair elections based on universal
    suffrage.
        Since the country's declaration of independence in 2008, local
    officials assumed authority and responsibilities in most areas of
    governance. Under the constitution, the 120-member Assembly has the
    authority to select a president, a prime minister, and other ministers
    and government officials.

        Elections and Political Participation.--On December 12, the country
    held snap Assembly elections, following the November 2 Assembly vote of
    no-confidence in the Government. The no-confidence vote followed the
    September 27 resignation of President Fatmir Sejdiu following the
    Constitutional Court's decision that he had breached the constitution
    by maintaining his position as leader of his political party,
    Democratic League of Kosovo (LDK), while serving as president.
        Domestic and international observers stated the elections generally
    met international standards but noted serious irregularities and
    electoral manipulations in some areas, including falsification of
    signatures on the voters' list and observed irregularities in counting.
    Observers also noted incidences of family voting (male heads of
    household voting on behalf of female family members) throughout the
    country. The Electoral Complaints and Appeals Panel and the Central
    Election Commission annulled results for three municipalities--
    Skenderaj/Srbica, Gllogovac/Drenas, and Decan/Decani--as well as three
    polling stations in Malisheve/Malisevo and Lipjan/Lipljan as a result
    of electoral irregularities. Revoting in these three municipalities and
    the annulled polling stations in the other two municipalities was
    scheduled for January 9, 2011.
        For the December 12 Assembly elections, 14 alternative polling
    stations--mini-buses staffed by internationals and advertised to the
    public--were provided to enhance polling opportunities in Serb areas
    north of the Ibar River. Electoral authorities did not have access to
    the schools that would normally serve as polling stations, as these
    institutions are under the control of unsanctioned parallel Serbia
    government authorities. Serious intimidation generally prevented local
    persons from serving as polling station workers and suppressed voter
    turnout in the region.
        On October 29, the Assembly adopted changes to the national
    election law that clarified the election complaints and appeals process
    and provided for voters in Assembly elections to vote for one party and
    up to five candidates from that party.
        On June 20, municipal elections were held in the newly established
    Serb-majority municipality of Partes/Partesh, and the mayoral run-off
    election was held on July 18. The Partes/Partesh elections were marked
    by the highest rate of Kosovo Serb participation since the county
    became independent, with first round voter turnout exceeding 56 percent
    and runoff elections reaching 36 percent turnout. International
    observers assessed the elections as generally free and fair. On April
    11, due to the death of the mayor, extraordinary mayoral elections were
    held in the municipality of Istog/Istok.
        Serb hardliners who object to Kosovo's independence continued to
    intimidate and retaliate against Kosovo Serbs who engage with Kosovo
    government structures. On September 27, explosive devices believed to
    be hand grenades were thrown at the home of Dragan Stojkovic and the
    car of Dusan Milisavljevic, officials of the only legally registered
    political party in northern Kosovo, the Democratic Alternative Party,
    following its inaugural congress. The September 27 attack was the third
    attack on Stojkovic's property and the second on Milisavljevic's
    vehicle.
        The country had a multiparty system dominated by five Kosovo
    Albanian parties with several minority parties and coalitions. The law
    provides that individuals may nominate themselves as candidates to
    their parties, which must hold open and transparent internal elections
    to select candidate lists. Political parties could operate without
    restriction or outside interference, but party affiliation played an
    important role in access to government services and social and
    employment opportunities. Traditional social arrangements and clan
    loyalties also played an important, although unofficial, role in
    political organizations.
        Prior to its dissolution in November, there were 37 women in the
    120-seat Assembly. The electoral law requires a 30 percent quota for
    female parliamentarians. There were no women on the eight-member
    Assembly presidency. In the Government, there were two female ministers
    and four female deputy ministers. While no women were elected in the
    November mayoral elections, women represented 31 percent of elected
    municipal representatives.
        Prior to its dissolution in November, there were 24 ethnic minority
    members in the 120-seat Assembly, including 10 Kosovo Serbs and 14
    members of other groups, including ethnic Turks, Bosniaks, Gorani,
    Roma, Ashkali, and Egyptians.
        The constitution requires that the Assembly reserve 10 seats for
    Kosovo Serbs and 10 for members of other ethnic groups. Although there
    are no similar quotas for municipal elections, Kosovo Serb political
    participation and representation in the southern part of the country
    continued to grow, especially in the Serb-majority municipalities newly
    established or enlarged in accordance with the Ahtisaari plan and the
    country's constitution. Serbs remain without municipal representation
    in the three northern municipalities of Leposaviq/Leposavic, Zubin
    Potok, and Zvecan, as Kosovo Serb voters responded to calls from
    Serbian authorities not to participate in the November 2009 municipal
    elections there.
        In 2008 the Government implemented an election law to create a
    single, multimember electoral district throughout the country. Under
    the law, elections are to be held with open lists according to a
    proportional representation system. A quota system provides for
    representation for women and minorities in the Assembly. A political
    party must receive 5 percent of the vote in order to enter the
    Assembly.
        The Serbian government continued to run parallel government
    structures in Kosovo Serb enclaves. In 2008 UNMIK stated that
    organizing elections for these parallel structures was a violation of
    UN Security Council Resolution 1244. In 2008 UNMIK declared that the
    parallel municipal structures arising from these elections were
    illegitimate.
        On October 14, the unsanctioned parallel government of a Serbia
    court operating in North Mitrovica issued indictments to the mayor of
    the municipality of Strpce along with nine other members of the Strpce
    Municipal Assembly and municipal employees. The indictments, stemming
    from the January 14 takeover of some of the offices in the Strpce
    Municipal building used by parallel Serbian authorities, accuse the
    mayor and municipal officials of having committed offenses under the
    Serbian criminal code. The indictments put the mayor and municipal
    officials at risk of arrest if they travel outside of Kosovo to Serbia
    or any country that has an extradition treaty with Serbia.
        On May 30, the Serbian government sponsored parallel municipal
    elections in Mitrovica/Mitrovice and Novo Brdo/Novoberde to replace
    parallel municipal governments dissolved by the Serbian government in
    December 2009. The Kosovo government and international community
    continued to emphasize that the parallel institutions were illegal and
    invalid.
    Section 4. Official Corruption and Government Transparency
        The law provides criminal penalties for official corruption;
    however, the Government did not implement the law effectively, and
    officials reportedly engaged in corrupt practices with impunity.
    According to Freedom House's 2010 report, Nations in Transition,
    corruption remained a serious problem.
        There was widespread public perception of corruption in the
    Government. International organizations and NGOs continued to report
    that corruption was a serious problem. A lack of effective judicial
    oversight and general weakness in the rule of law contributed to
    corruption in the Government.
        On October 15, the Kosovo Special Prosecutor's Office filed an
    indictment in the District Court of Pristina against five Kosovo
    defendants for trafficking in human organs, organized crime, unlawful
    medical activities, and abuse of official authority. Among the
    defendants are doctors and a person who previously worked at a senior-
    level in the Ministry of Health. Interpol also issued arrest warrants
    for a Turkish citizen and an Israeli citizen in the case. The charges
    are related to the Medicus Clinic in Pristina, which was closed in 2008
    by KP after a months-long investigation for the international
    trafficking of organs.
        On November 10, a mixed panel of two EULEX judges and one Kosovo
    judge of the District Court of Pristina found Democratic League of
    Dardania (LDD) president Nexhat Daci and his former aide Ahmet Alishani
    guilty on charges of misusing their offices during Daci's tenure as
    speaker of the Assembly in 2003-05. The court convicted Daci on charges
    related to the misappropriation of Assembly funds to pay for his dental
    and optician bills in the total value of 1,540 euros ($2,063); he was
    acquitted on charges related to the illegal procurement of power
    generators for his personal residence. The court gave Daci a suspended
    sentence of one year and six months in prison, and he is prohibited
    from serving in public office for two years following the completion of
    the sentence; Alishani received a six-month suspended sentence.
    According to the terms of the sentences, neither will face prison time
    as long as they commit no other offenses.
        On July 13, members of the Anticorruption Task Force and EULEX
    police arrested Ilir Tolaj, political advisor to Minister of Health
    Bujar Bukoshi, on suspicion of tax evasion during the period 2004-08,
    when he was permanent secretary in the Ministry of Health. He was
    released the following day on a bail of 50,000 euros ($67,000). The
    investigation continued at year's end.
        On July 23, EULEX and KP units arrested Hashim Rexhepi, governor of
    the Central Bank, on suspicion of abuse of official position,
    corruption, bribery, tax evasion, and money laundering. The
    Anticorruption Task Force searched seven locations in the case,
    including the office of the Central Bank and the residence of the
    governor. On November 19, Rexhepi was released on 20,000 euros
    ($26,800) bail.
        Corruption and government influence remained problems in the
    security forces. On December 16, EULEX and KP executed search warrants
    at the Kosovo Customs and the Ministry of Economy and Finance in
    relation to the importation of large quantities of cigarettes in 2008-
    09. EULEX investigators have alleged that Customs Director Naim
    Huruglica was complicit in a scheme to deprive the Government of the
    2.5 million euros ($3.35 million) in tax revenue had the cigarettes
    been imported after a planned excise tax increase which took effect in
    2009. The case remains under investigation, and no charges had been
    filed at year's end.
        The investigation continued in the August 2009 case of police
    lieutenant Sejdi Zeqiri, who was arrested for abuse of official
    authority, bribery, and sexual harassment. At year's end, Zeqiri
    remained under house arrest.
        The Kosovo Customs Law Enforcement Unit made progress in
    investigating and prosecuting corruption in the Customs Service. During
    the year one customs officer was dismissed, one was suspended, two were
    demoted, nine were denied promotion, and 15 were issued warnings in
    various internal investigations of wrongdoing within the Customs
    Service.
        There were no developments in the June 2009 case of the arrest of
    Ardian Hasanaj, a senior official at the Government-owned national
    telecommunications provider Post and Telecom of Kosovo (PTK). Hasanaj
    allegedly took bribes from two persons to help them find jobs.
    Hasanaj's employment with PTK was terminated after he was arrested.
        On July 14, the municipal court in Prizren sentenced Elez Hoxha to
    four years in prison and fined him 10,000 euros ($1,340) for accepting
    bribes during the period 2005-07, when he was a judge in the Pristina
    District Court.
        On July 9, the district court in Pristina convicted Norwegian
    citizen Ove Johansen on corruption charges for arranging for a
    fraudulent transfer of 300,000 euros ($402,000) from a government-owned
    telecommunications provider to a phantom company in Norway. The court
    sentenced him to two years in prison and ordered him to pay damages to
    PTK in the amount of 300,000 euros ($402,000). Two other suspects in
    the case, Roger Reynolds and Ronnen Sorenson, remained at large.
        The law provides that public officials are subject to financial
    disclosure laws.
        The Kosovo Anticorruption Agency and the Office of the Auditor
    General are the two major agencies responsible for combating corruption
    in the Government. During the year the anticorruption agency received
    132 reports of corruption; 27 cases were referred for prosecution, four
    were passed to the KP, 57 were closed for lack of evidence, and 44 were
    under investigation.
        The independent Office of the Auditor General (OAG) reviewed fiscal
    management and accountability in the central government, municipal
    authorities, and publicly owned enterprises. During the year the OAG
    audited most ministries, the president's office, and the Assembly. In a
    September report, the OAG noted that government institutions continued
    to fail to respect fiscal management laws and regulations due to a lack
    of understanding of their responsibilities and of basic accounting.
        In a report released during the year, Freedom House noted that
    corruption was widespread and remained a major problem due to
    insufficient laws, a lack of political will, and the weakness of the
    judicial system. The report also noted that the anticorruption law and
    the provisional penal code define corruption differently.
        In 2009 the European Commission reported that the public sector's
    outsized role resulted in an unfriendly business environment in which
    politically connected groups and individuals have advantages in
    establishing companies and seeking public contracts.
        The law provides for public access to government information
    through a newly strengthened law on access to official documents,
    adopted on October 10, which abrogated the 2003 law. The new law
    provides for penalties for institutions and officials that do not
    provide access to information as required by the law. NGOs have
    commented favorably on the new law, indicating it clarifies procedures
    for accessing official documents.
        A test conducted by the NGO Youth Initiative for Human Rights,
    covering the period from June 2008 to July 2009, indicated that only
    approximately 25 percent of requests for access to official documents
    (sent randomly to local and central authorities) received positive
    responses. The International Exchanges and Research Board's Media
    Sustainability Index noted that the administrative instruction
    implementing the 2003 Law on Access to Official Documents extended the
    time limit beyond 15 days and was overly specific about when a document
    can be accessed, thus limiting access to official documents.
    Section 5. Governmental Attitude Regarding International and
            Nongovernmental Investigation of Alleged Violations of Human
            Rights
        A wide variety of domestic and international human rights groups
    generally operated without government restriction, investigating and
    publishing their findings on human rights cases. The Government was
    occasionally cooperative and responsive to their views.
        The Government occasionally met with domestic NGO monitors,
    responded to their inquiries, or took action in response to their
    reports or recommendations. There were no reports that the Government
    harassed, targeted, or prosecuted NGOs for their activities.
        The Government cooperated with international organizations,
    including UN representatives and other international organizations
    including the ICRC and the International Organization for Migration.
    The UN maintained a large presence in the country and covered a wide
    range of issues.
        There were no developments in the 2008 case of unknown assailants
    in Mitrovice/Mitrovica throwing a Molotov cocktail at the headquarters
    of the humanitarian organization Norwegian Church Aid.
        The ombudsperson investigates allegations of human rights
    violations and abuse of government authority. The ombudsperson was
    considered moderately effective but was restricted by funding problems.
    The ombudsperson continued to assert that the courts and ministries
    were the most frequent violators of human rights in the country. The
    ombudsperson also noted that recent reforms in the judiciary were
    insufficient, and the system suffered from grave defects. While the
    ombudsperson actively issued intervention letters, reports, and
    recommendations, his recommendations were not always followed by the
    Government, local courts, or police. The ombudsperson investigated
    cases concerning property rights, abuse of official authority,
    administrative acts or omissions by public authorities, lack of proper
    investigations into criminal acts, issues involving the length of court
    proceedings and the execution of court decisions, employment-related
    disputes, and discrimination cases.
        The Assembly maintains a committee on human rights, gender
    equality, missing persons, and petitions. The committee must review all
    laws that affect human rights. The committee was controlled by
    governing coalition parties and did not issue any public reports during
    the year.
        The Government and KFOR generally cooperated with the ICTY. On July
    21, the Appeals Chamber of the ICTY ordered a partial retrial in the
    case of former prime minister Ramush Haradinaj and codefendant Idriz
    Balaj, acquitted by the ICTY in 2008, and ordered both men into
    custody. On October 28, the prosecutor for the ICTY revised its
    indictment against Haradinaj. The amended charges have replaced
    ``crimes against humanity'' with ``violations of the customs of war.''
    The appeal of Lahi Brahimaj, convicted of torture and mistreatment of
    prisoners and sentenced to six years in prison in 2008, was pending at
    year's end.''
    Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
        The law specifically prohibits discrimination on the basis of race,
    gender, ethnic origin, disability, social status, or language. The
    Government did not effectively enforce these prohibitions.

        Women.--The law criminalizes rape; however, spousal rape is not
    specifically addressed. Under the criminal code, rape is punishable by
    two to 10 years in prison; statutory rape (sexual intercourse with a
    child under 16 years old) is punishable by five to 20 years in prison.
    Rape involving homicide is punishable by imprisonment of 10 to 40
    years.
        Observers believed that rape was significantly underreported due to
    the cultural stigma attached to victims and their families. Police rape
    units around the country received 18 reports of rape during the first
    half of the year. According to the Justice Ministry, victim advocates
    provided services to victims in 40 cases of rape from January through
    November.
        Domestic violence against women, including spousal abuse, remained
    a serious and persistent problem. The law prohibits domestic violence,
    and convictions carry prison terms of six months to five years. The law
    treats domestic violence cases as civil cases unless the victim suffers
    bodily harm. Failure to comply with a civil court's judgment relating
    to a domestic violence case is a criminal offense and can be
    prosecuted. When victims did press charges, police domestic violence
    units conducted investigations and transferred cases to prosecutors.
    According to the special prosecutor's office, family loyalties,
    poverty, and the backlog of cases in both civil and criminal courts
    contributed to the low rate of prosecution.
        In November 2009 the OSCE provided an update to its 2007 report on
    domestic violence. OSCE monitors reported continued problems in the
    adjudication of domestic violence cases, including unlawful delays in
    scheduling hearings or in deciding on protection orders, failure to
    involve representatives of the Center for Social Work in civil domestic
    violence proceedings, misapplication of relevant laws by courts, and
    failure to prosecute domestic violence crimes.
        Between January and November, police reported 636 victims of
    domestic violence. Between January and December, the Centers for
    Protection of Women and Children in Pristina and Mitrovica provided
    assistance to 182 victims of domestic and sexual violence and six
    victims of trafficking. From January through June, the Justice
    Ministry's victim advocate and assistance unit was involved in 313
    domestic violence cases.
        Convictions for domestic violence were rare, and sentences ranged
    from judicial reprimands to imprisonment. Traditional social attitudes
    towards women in the male-dominated society contributed to the high-
    level of domestic abuse and low number of reported cases.
        The Ministry of Labor and Social Welfare's protection for families
    section had a unit dedicated solely to dealing with family violence.
    The ministry provided some financial support to NGOs running shelters
    for domestic violence victims, which also accommodated some trafficking
    victims. The ministry also provided social services through social
    welfare centers. Several domestic and international NGOs pursued
    activities to assist women; however, they were constrained by a
    tradition of silence concerning domestic violence, sexual abuse, and
    rape.
        The police training school offered special courses on domestic
    violence and rape. There were no reports that police responded
    inappropriately to rape or domestic abuse allegations.
        There is no specific law against sexual harassment, which was a
    common problem. Women's rights organizations indicated that sexual
    harassment commonly occurred on the job but went unreported due to fear
    of expulsion or physical retaliation. Public awareness of sexual
    harassment remained low, and few cases were reported.
        The reproductive health law protects the reproductive rights of
    individuals and couples, including the right to information and access
    to reproductive services. In practice the Government generally
    respected reproductive rights. The UN Population Fund (UNFPA) reported
    that access to reproductive health information and treatment was
    generally widespread and equitable, however, poor, marginalized, and
    illiterate communities often received limited access to information.
    Public health care provided limited treatment for sexually transmitted
    infections and cancers of reproductive organs.
        Women possess the same legal rights as men but traditionally have a
    lower social status, which affected their treatment within the legal
    system. The Agency for Gender Equality within the Prime Minister's
    Office has the mandate to implement and monitor the gender equality
    law.
        Relatively few women obtained upper-level management positions in
    business, police, or government. Women represented less than 30 percent
    of the Government workforce. According to the Business Registration
    Agency, women owned fewer than 5 percent of registered businesses.
    Female unemployment remained at around 80 percent, 25 to 30 percentage
    points higher than the rate for men. During the year the Agency for
    Gender Equality supported a local NGO providing training for women in
    small businesses.
        According to the OSCE, women belonging to nonmajority communities
    were at risk of suffering multiple forms of discrimination due to
    gender, ethnicity, or social origin. Traditional societal attitudes
    toward women resulted in discrimination. In rural areas, women
    frequently had little ability to make decisions involving their
    children or to exercise control over property. While the law makes no
    gender distinction in the right to inherit property, family property
    customarily passes only to men. In rare cases, Kosovo Albanian widows,
    particularly in rural areas, risked losing custody of their children
    due to a custom calling for children and property to pass to the
    deceased father's family while the widow returns to her birth family.

        Children.--Children acquire citizenship from their parents or by
    virtue of birth in the country. According to a 2008 UN Children's Fund
    (UNICEF) study, 14 percent of Roma, Ashkali, and Egyptian children in
    Kosovo Albanian-majority areas were not registered at birth. In Kosovo
    Serb-majority areas, 5 percent of these children were not properly
    registered. UNICEF reported that, as a rule, a lack of registration did
    not affect a child's ability to receive elementary education or health
    care but could have an adverse effect on access to social assistance.
        The extent of child abuse in the country was unknown, but UNICEF
    believed it was significantly underreported due to lack of awareness,
    victim services, and limited capacity to identify, report, and refer
    cases of abuse. The Justice Ministry's unit for victim advocacy and
    assistance reported six cases of child abuse between January and
    November. Children also suffered from domestic violence. During the
    same period, police reported 60 child victims of domestic violence. Of
    those, 23 were placed in shelters; 12 were from Kosovo and 11 were from
    other countries.
        There was anecdotal evidence of child marriage, particularly in the
    Roma, Ashkali, Egyptian, and Kosovo Albanian communities. The
    Government and NGOs did not compile statistics on child marriage, so
    the extent of the problem was unclear.
        Statutory rape is a criminal offense punishable by five to 20 years
    in prison, depending on circumstances and the age of the victim.
        The law prohibits possession, production, and distribution of child
    pornography. Anyone who produces, uses, or involves a child in making
    or producing pornography is subject to one to five years' imprisonment.
    Distribution, promotion, transmission, offer, or display of child
    pornography is punishable by six months' to five years' imprisonment.
    Possession or procurement of child pornography is punishable by fine or
    imprisonment of up to three years.
        From January to June the Ministry of Labor and Social Welfare
    operated 35 centers that assisted 1,435 orphans and 1,626 delinquent
    children. The ministry also managed foster homes and coordinated with
    NGOs to place children in temporary shelters. During the year 61
    children were living in foster homes and NGO-funded or government-
    funded community homes under 24-hour care, including 54 children who
    were placed into protective care during the year. Two children who were
    placed under protective care were hospitalized and remained so at the
    end of the second quarter of the year.
        The Ministry of Labor and Social Welfare reported that there were
    258 abandoned children with disabilities, ranging in age from three to
    18 years, living in two government-funded community homes receiving 24-
    hour care.
        The country is a not party to the 1980 Hague Convention on the
    Civil Aspects of International Child Abduction. For information on
    international parental child abduction, please see the Department of
    State's annual report on compliance at http://travel.state.gov/
    abduction/resources/congressreport/congressreport--4308.html.

        Anti-Semitism.--There were no reports of anti-Semitic acts during
    the year.

        Trafficking in Persons.--For information on trafficking in persons,
    please see the Department of State's annual Trafficking in Persons
    Report at www.state.gov/g/tip.

        Persons With Disabilities.--The constitution and law prohibit
    discrimination against persons with physical, sensory, intellectual,
    and mental disabilities in employment, education, access to health
    care, and in the provision of other state services; however, the
    Government did not effectively implement laws and programs to provide
    that persons with disabilities have access to buildings, information,
    and communications. The situation for persons with disabilities
    remained difficult. Although the law mandates access to official
    buildings, it was not enforced and such access was rarely available in
    practice. Even the Office of the Ombudsperson is not accessible for
    persons with physical disabilities. During the year the country enacted
    new laws providing for access by deaf and blind persons to all public
    institutions, but implementation of these laws was poor.
        The Ministry of Labor and Social Welfare is the Government agency
    responsible for protecting the rights of persons with disabilities. By
    law protection and provision of services is offered to all citizens;
    however, there was considerable discrimination in practice, and
    ensuring the rights of persons with disabilities was not a government
    priority.
        According to local disability rights NGO HandiKos, existing laws
    and governmental action plans relating to persons with disabilities
    were not adequately implemented. As a result, children with
    disabilities were often excluded from educational opportunities, were
    not professionally evaluated, and lacked sufficient health and social
    services.
        According to the Ministry of Education, there were seven special
    residential schools for children with disabilities and 70 special needs
    classrooms attached to regular schools. The ministry reported that, at
    year's end, 1,100 pupils were receiving special education.
        There were legal protections for children with disabilities. A Law
    on Material Support for Families of Children with Permanent Disability
    entered into force in 2008, and a new Law on Material Support for
    Families of Children with Temporary Incapacity entered into force on
    January 1. The laws provide definitions of children with disabilities
    and permit their legal guardians to apply to the Ministry of Labor and
    Social Welfare for material support. However, the ministry lacked both
    the funds and personnel to implement the laws.
        According to the NGO Kosovo Mental Disability Rights International
    (K-MDRI), persons with mental disabilities continued to be detained
    without legal basis in isolated conditions. K-MDRI noted that there is
    no law to regulate the process of committing persons to psychiatric or
    social care facilities or to protect their rights within institutions.
    According to the World Health Organization (WHO), there were an
    estimated 14,000 persons with mental disabilities; K-MDRI reported an
    estimated 50,000 persons with mental disabilities living outside
    institutions. According to K-MDRI, such persons lived isolated and
    stigmatized lives.
        The Government-operated Shtime/Stimlje Institute maintained a
    facility for persons with developmental or intellectual disabilities
    with 58 residents, run by the Ministry of Labor and Social Welfare, and
    a separate psychiatric facility with 57 residents, run by the Ministry
    of Health. Citing insufficient training for staff and a lack of
    rehabilitative programming for patients and residents, K-MDRI advocated
    closing the facility, and placing its patients and residents into homes
    and apartments in urban areas, where they can be integrated with the
    community.
        During the year the Ministry of Health hired a person with special
    needs to conduct outreach to disabled persons. The ministry operated
    eight integration and community homes across the country, providing
    inpatient care for 75 persons with mental disabilities. In addition the
    Ministry of Labor and Social Welfare operated another nine community
    homes with approximately 10 to 15 residents in each facility. K-MDRI
    reported that, while these homes were intended to be transitional, most
    residents spent years there with little prospect of integration into
    the community. According to the WHO, there were not enough facilities
    to provide care for persons with mental disabilities, and employment
    opportunities for persons with mental disabilities were limited.
        The National Council on Disabled Persons, an advisory organization
    to government authorities and the Assembly, met twice during the year.

        National/Racial/Ethnic Minorities.--Institutional and societal
    discrimination persisted against Kosovo Serb, Roma, Ashkali, and
    Egyptian communities in employment, education, social services,
    language use, freedom of movement, the right to return, and other basic
    rights. Members of the Kosovo Bosniak and Gorani communities also
    complained of discrimination, while Kosovo Croat and Kosovo Montenegrin
    communities were nominally acknowledged through appointment of their
    representatives to the Kosovo president's Communities' Consultative
    Council. Kosovo Bosniak leaders continued to complain that many of
    their community members continued to depart the country as a result of
    discrimination and, increasingly, an absence of economic opportunities.
    Members of the Roma, Ashkali, and Egyptian communities were subject to
    pervasive social and economic discrimination; often lacked access to
    basic hygiene, medical care, and education; and were heavily dependent
    on humanitarian aid for survival. Reports of violence and other crimes
    directed at minorities and their property persisted.
        There were clashes between groups of Kosovo Albanians and Kosovo
    Serbs during the year.
        On September 11, groups of Kosovo Albanians and Serbs clashed in
    Mitrovica after exchanging taunts and insults following Serbia's loss
    to Turkey in the World Basketball Championship semifinals. Both sides
    threw rocks, and the clash ended when Kosovo Albanians withdrew. EULEX
    responded to the incident, and one of its units was attacked by Kosovo
    Serbs with stones, stun grenades, Molotov cocktails, and firearms.
    Several police and protestors were injured in the incident, which
    remained under investigation by the KP.
        On July 2, a protest by Serbian government parallel structures of
    the opening of the Government's citizen services center in north
    Mitrovica turned violent, resulting in the death of a Kosovo Bosniak,
    Dr. Mesud Djekovic, and injuries to 11 others. The death and injuries
    occurred when an unidentified individual threw a hand grenade into the
    crowd of Serb protestors, who were marching toward a home in the
    ethnically mixed neighborhood of Bosniak Mahala that was flying an
    Albanian flag. EULEX and KP investigations in the case continued at
    year's end.
        During 2009 EULEX police reported 116 cases of alleged interethnic
    crime, 86 involved Kosovo Serbs as victims or suspects. Figures for
    2010 were unavailable. Investigations into such crimes yielded arrests
    of suspects in many cases.
        In June 2009 three Kosovo Serb teenagers were reportedly beaten by
    a group of Kosovo Albanians in Lipjan/Lipljan while passing a
    construction site. On June 16, police filed assault charges of against
    Atdhe Qerkini, Kosove Kelmendi, Bunjamin Jashanica, Gezim Xhemajli,
    Gazmend Bleta, and Qendrim Veseli. On June 17, the Lipjan/Lipljan
    Municipal Court ordered the six suspects to be detained for 30 days,
    with the exception of Veseli, a minor.
        There were no developments in police investigations of the six
    attacks against Roma returnees that were reported in the village of
    Abdullah Peseva in July and August 2009 or the harassment and
    intimidation of 20 Romani, Ashkali, and Egyptian families from the
    Halit Ibish neighborhood in the Ferizaj/Urosevac municipality.
        There were no developments in the 2008 case in which police charged
    Blasko Lazar Simic, Tihomir Radivoje Milosevic, Miodrag Vladimir
    Nikolic, and Bozo Zivojin Stanojevic with assaulting a public official
    and inflicting minor bodily injuries during a clash between Kosovo
    Serbs, protesting the construction of a mosque, and Kosovo Albanians in
    the ethnically mixed village of Berivojce in the Kamenice/Kamenica
    municipality. Two police officers and a number of protesters were
    injured. A trial date was pending at year's end.
        According to a draft report prepared by the prime minister's Office
    of Community Affairs, minority employment in public institutions fell
    during the year and was generally confined to lower levels of the
    Government. The report recommended that the Government more actively
    reach out to minorities and implement reporting, recruiting, training,
    equal opportunity, and language procedures.
        A 2009 OSCE study showed that minority representation in the civil
    service decreased from 12 percent in 2006 to 9 percent in 2009 and
    remained particularly low at senior levels. The highest rates of
    employment of minorities in the public sector are in the judiciary and
    police.
        In education the law requires equal conditions for schoolchildren
    regardless of mother tongue and provides the right to native-language
    public education for minority students through secondary school.
    However, the Ministry of Education, Science, and Technology and
    international organizations reported that school enrollment rates were
    lowest among non-Serb minority communities (Ashkali, Bosniak, Egyptian,
    Gorani, Roma, Turkish, and others). A 2009 OSCE study showed that
    school enrollment rates for Kosovo Serb and Kosovo Albanian children
    were 99 percent and 96.5 percent respectively, while school enrollment
    rates for non-Serb communities averaged 76 percent.
        Roma, Ashkali, and Egyptian children attended mixed schools with
    Kosovo Albanian and Kosovo Serb children and reportedly faced
    intimidation and bullying in some majority Albanian areas. Romani
    children tended to be disadvantaged by poverty, leading many to start
    work both at home and in the streets at an early age to contribute to
    family income.
        During the year there were occasional reports of Kosovo Albanians
    destroying private property belonging to Kosovo Serbs. Some of these
    attacks may have been attempts to force Kosovo Serbs to sell their
    property. Regulations prevent the wholesale buyout of Kosovo Serb
    communities in an effort to prevent the intimidation of minority
    property owners in certain areas; however, these were rarely enforced.
    There were numerous reports that Kosovo Serbs had difficulty accessing
    their property, which was sometimes occupied or used by Kosovo
    Albanians. The Kosovo Property Agency (KPA) reported that it faced
    frequent cases of illegal occupation and reoccupation of properties in
    its eviction activities, with many properties vandalized or destroyed.
    For example, there were such property conflicts in the village of
    Zallq/Zac in Istog/Istok, where the Government is building houses for
    Kosovo Serb and Montenegrin families who returned to Kosovo
    spontaneously from Serbia and Montenegro in May. These properties, in
    various stages of construction, were vandalized on several occasions,
    and forested land surrounding the properties set on fire. The KP made
    several arrests related to these cases. So far, all suspects were
    juveniles, between seven and14 years old.
        There were no developments in the 2008 case in which the OSCE
    reported that a Kosovo Serb man attempted to visit his property in
    Decan/Decani with members of a United Nations Development Programme
    team planning to help reconstruct his home. The Serb owner could not
    exercise his rights to the property as adjudicated by KPA, as his home
    was destroyed, and an illegally built new house on the location
    continued to be occupied by a Kosovo Albanian family.
        There were no developments in the 2008 case in Kline/Klina in which
    a Kosovo Serb reported that his property had been taken by a Kosovo
    Albanian man.
        In September Kosovo Serbs in the village of Malisheve/Malisevo
    complained that plans for construction of a mosque immediately adjacent
    to their homes created an unwelcome environment for Serbs, noting that
    other land closer to Kosovo Albanian houses was available.

        Societal Abuses, Discrimination, and Acts of Violence Based on
    Sexual Orientation and Gender Identity.--The constitution and law
    prohibit discrimination based on sexual orientation; however, there
    were reports of violence and discrimination directed against lesbian,
    gay, bisexual, and transgender (LGBT) individuals.
        The Center for Social Group Development (CSGD), a local NGO focused
    on LGBT health issues, reported that traditional societal attitudes
    about homosexuality intimidated most gays and lesbians into concealing
    their sexual orientation. LGBT individuals generally felt insecure,
    with many reporting threats to their personal safety. A 2008 study by
    the Youth Initiative for Human Rights, funded by the Swedish Helsinki
    Committee for Human Rights, found that 57 percent of LGBT persons
    surveyed were afraid for their safety.
        The print media at times reinforced negative attitudes by
    publishing articles about homosexuality that characterized LGBT persons
    as mentally ill. At least one political party, the Islamic-oriented
    Justice Party, included a condemnation of homosexuality in its
    political platform.
        The CSGD reported that, while there was little official
    discrimination against LGBT persons, there were a number of cases of
    societal discrimination against LGBT individuals during the year.
    Victims generally refused to allow the center to present their cases
    publicly out of fear of discrimination. There were no overt impediments
    to the center's operation; however, social pressure and traditional
    attitudes had the effect of limiting its activities. The CSGD reported
    that the Ministry of Internal Affairs delayed without explanation the
    renewal of a memorandum of understanding with the KP for awareness-
    raising on LGBT issues.
        There was no official discrimination in employment, housing,
    statelessness, access to education or health care; however, societal
    pressure persuaded virtually all LGBT persons to conceal their sexual
    orientation.

        Other Societal Violence or Discrimination.--There were no reports
    of official discrimination against persons with HIV/AIDS during the
    year; however, anecdotal reports indicated such discrimination did
    occur.
    Section 7. Worker Rights

        a. The Right of Association.--Regulations allow workers to form and
    join independent unions of their choice without previous authorization
    or excessive requirements, but this right was sometimes impeded by
    companies that threatened their employees when they joined or
    established unions. Regulations do not recognize the right to strike;
    however, strikes were generally permitted in practice, and few strikes
    occurred during the year. The Government passed a new labor law on
    November 2. The law codifies a 40-hour work week, provides for 20 days
    of paid leave per year for employees, and also provides for 12 months
    of maternity leave.
        The largest unions were the Association of Independent Trade Unions
    of Kosovo (BSPK) and the Confederation of Free Unions (CFU). However,
    the Ministry of Labor and Social Welfare reported that the influence of
    both groups was declining as former members split off to form smaller
    unions.

        b. The Right to Organize and Bargain Collectively.--Government
    regulations provide for the right to organize and bargain collectively
    without interference or restriction, and the Government did not
    restrict this right in practice; however, no collective bargaining took
    place during the year. The law allows unions to conduct their
    activities without interference, and the Government protected this
    right in practice.
        Regulations prohibit antiunion discrimination; however, some union
    officials reported discrimination in practice. The BSPK and CFU
    reported that only a small number of companies respected regulations
    preventing antiunion discrimination and claimed that worker rights were
    abused in every sector, including in international organizations, where
    staff did not receive pensions.
        There are no export processing zones.

        c. Prohibition of Forced or Compulsory Labor.--The criminal code
    prohibits forced or compulsory labor, including by children; however,
    there were reports that such practices occurred. Also see the
    Department of State's annual Trafficking in Persons Report at
    www.state.gov/g/tip.

        d. Prohibition of Child Labor and Minimum Age for Employment.--
    Regulations prohibit exploitation of children in the workplace,
    including a prohibition of forced or compulsory labor; however, with
    the exception of trafficking, the Government rarely challenged these
    practices. Trafficking of children, primarily for labor exploitation,
    was a problem, although a lack of statistical data made it difficult to
    estimate its magnitude. Also see the Department of State's annual
    Trafficking in Persons Report at www.state.gov/g/tip.
        Regulations set the age of 16 as the minimum for employment and the
    age of 18 as the minimum for any work likely to jeopardize the health,
    safety, or morals of a young person. Regulations permit children to
    work at the age of 15, provided the employment is not harmful or
    prejudicial to school attendance. The law requires children between
    ages six and 15 to attend school.
        Child labor remained a problem. According to UNICEF, in recent
    years, the number of children begging on the streets of towns and
    cities rose, although the overall number of child beggars remained
    unknown. While most children were not their families' main wage
    earners, child labor served as a major contribution to many families'
    income.
        In rural areas, young children typically assisted their families in
    agricultural labor. Urban children often worked in a variety of
    unofficial retail jobs, such as selling newspapers, cigarettes, and
    phone cards on the street. Some children were also engaged in physical
    labor, such as transportation of goods. International NGOs active in
    the country continued to report labor violations during the year,
    including child labor.
        The Ministry of Labor and Social Welfare coordinated child
    protection policies for the Government, however, police had the lead on
    enforcing child labor laws. The ministry reported that limited progress
    had been made in reducing the number of children working on the
    streets. The ministry and local NGOs, with assistance from the
    International Labor Organization, worked to identify and remove working
    children from the streets. Since 2007 691 children were identified, of
    whom 440 returned to school.

        e. Acceptable Conditions of Work.--There is no law establishing a
    minimum wage. Although not enforceable as law, the Government, chamber
    of commerce, and association of trade unions signed a memorandum of
    understanding in 2004 setting the minimum wage at 120 euros ($161) per
    month, which was generally respected, but did not provide a decent
    standard of living for a worker and family. The average monthly salary
    in the country was 230 euros ($308) in the public sector and 280 euros
    ($375) in the private sector. The World Bank reported, based on 2007
    statistics, that 45 percent of the population was living below the
    national poverty line, and an estimated 17 percent was extremely poor ,
    unable to meet basic nutritional needs. Regulations provide for a
    standard 40-hour workweek; require rest periods; limit the number of
    regular hours worked to 12 hours per day; limit overtime to 20 hours
    per week and 40 hours per month; require payment of a premium for
    overtime work; and prohibit excessive compulsory overtime.
        During the year employers often failed to abide by official labor
    standards due to a lack of government enforcement, particularly with
    regard to the standard workweek and compulsory and unpaid overtime.
    Employees often did not report such violations due to fear of
    reprisals. According to the BSPK, many individuals worked long hours in
    the private sector as at-will employees without employment contracts,
    regular pay, or pension contributions paid on their behalf. Employees
    reported being fired without cause in violation of existing laws and
    being denied holidays. Women's rights organizations indicated that
    sexual abuse occurred on the job but went unreported due to fear of
    expulsion or physical retaliation. According to union officials,
    workers in the public sector commonly faced similar mistreatment,
    including sexual abuse and the loss of employment due to political
    party affiliation.
        The Labor Inspectorate within the Ministry of Labor and Social
    Welfare is responsible for enforcing labor, health, and safety
    standards. However, the inspectorate primarily advised employers and,
    although it issued 3,329 site inspection citations and 360 citations
    for various labor standard violations during the first half of the
    year, many fines remained unpaid pending litigation.
        Although there is a law to protect employees' health and working
    conditions, many private and public institutions continued to violate
    it. Labor inspectorate officials reported difficulties in obtaining
    accurate information because workers rarely disclosed the problems
    themselves in spite of legal protections.

                                   __________

                                     LATVIA

        The Republic of Latvia, with a population of approximately 2.2
    million, is a multiparty parliamentary democracy. Legislative authority
    is vested in the unicameral Saeima (parliament). Elections on October 2
    for the 100-seat parliament were free and fair. Security forces
    reported to civilian authorities.
        Human rights problems included police abuse of detainees and
    arrestees; poor conditions at police detention facilities; poor
    conditions and overcrowding in prisons; lack of detainees' access to
    attorneys; government corruption; violence against women; child abuse;
    trafficking in persons; and hate speech against ethnic and racial
    minorities on the Internet.
                            respect for 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. Security forces in one instance killed a criminal
    suspect in a shootout. On January 2, National Police officers shot and
    killed a man with a gun who was threatening to kill the officers and
    other persons in an apartment near Jelgava. After a routine
    investigation, the Internal Security Bureau of the National Police
    determined the officers acted reasonably.
        On April 16, prominent journalist and local politician Grigorijs
    Nemcovs was shot and killed at a restaurant in Daugavpils. According to
    Reporters without Borders, a nongovernment organization (NGO), Nemcovs'
    killing appeared to be professional. Nemcovs was known for his
    investigative work on municipal government corruption and had
    previously been the subject of death threats and violence. At the end
    of the year, Nemcovs' killing remained unsolved.
        There were no developments in the investigation by the prosecutor's
    office of the death of Sergejs Danilins in 2008, possibly due to a
    severe beating by a prison guard. In 2009 the Latvian Prison
    Administration (LPA) found sufficient evidence of wrongdoing by prison
    guards to refer the case to the prosecutor's office. The guards were
    found guilty in August 2009 and were fined and suspended for one year.

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

        c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
    Punishment.--The constitution and law prohibit such practices; however,
    there were reports that government officials employed them.
        Independent local organizations continued to express concerns about
    police behavior, and there were reports that police severely abused
    persons in custody. During the year the Internal Security Bureau of the
    State Police received 141 complaints of alleged police violence. Of
    these reports, 94 cases were not substantiated, 18 criminal procedures
    were initiated, and 29 were still under review at the end of the year.
        As of December the ombudsman's office received four complaints
    regarding mistreatment by police and five about mistreatment by prison
    officials. Some of these involved allegations against guards at the
    male juvenile detention facility. The ombudsman's office reported that,
    after it raised the issue with the LPA, a number of corrections
    officers were terminated, including a supervisor who failed to
    investigate initial reports adequately.
        In December the European Court of Human Rights (ECHR) dismissed the
    case of Edgars Gulbis, a former Presidential Security Service officer
    whom police allegedly tortured while in custody in 2007. In June 2009,
    after an internal investigation and an opinion from the ombudsman's
    office failed to produce suitable redress in his view, Gulbis filed a
    complaint with the ECHR. The court did not receive required information
    from Gulbis' representatives and dismissed the case on that basis.

        Prison and Detention Center Conditions.--Conditions in prisons and
    detention centers remained poor and did not meet international
    standards. The Government permitted monitoring visits by the ombudsman
    and other independent human rights observers, and such visits occurred
    during the year.
        During the year prison authorities opened five investigations into
    cases of the violent deaths of prison inmates. In three of these cases,
    investigators found that the victims committed suicide. Investigations
    in the other two cases continued at year's end.
        The ombudsman's office, NGOs, and prisoners continued to complain
    that prison facilities were seriously inadequate. These complaints
    echoed many of the conclusions of the 2007 report of the Council of
    Europe's Committee for the Prevention of Torture (CPT) based on a visit
    in the same year. The CPT found that in prisons for men, 20 prisoners
    were typically held together in dormitory-style rooms. Complaints
    included inadequate privacy in living spaces and bathrooms, severely
    dilapidated physical plants, lack of heat, inadequate sanitary
    facilities, lack of hot water, inadequate places to sit, inadequate
    work and educational opportunities, and inadequate access to open space
    and fresh air.
        As of December, the ombudsman's office received 50 complaints about
    poor conditions in detention facilities, compared with 50 complaints in
    2009. The State Police received seven complaints about poor conditions
    in detention centers.
        In July the ombudsman's office found that prisoners throughout the
    system did not have adequate access to healthcare services. The report
    specifically criticized the Government's 2009 decision to reduce
    healthcare in prisons. In November the new minister of justice
    announced publicly that improvement of prison conditions would be a
    priority for his ministry.
        In 2008 a group of maximum-security prisoners brought a claim in
    the Constitutional Court alleging inadequate outdoor exercise time. The
    LPA asserted that it was not possible to give the group outdoor time
    for security reasons. The Constitutional Court agreed with the
    prisoners and ordered the Government to make changes to prison
    facilities necessary to allow the prisoners outdoor time by January
    2011. The LPA made the required changes and complied with the order by
    the end of the year.
        In 2009 a group of prisoners filed a complaint with the
    Constitutional Court, alleging that a LPA decision to cut prisoners'
    food rations violated their rights. The Constitutional Court agreed and
    ordered the prison administration to increase rations. The prison
    administration complied with the order in June.
        As of December the Ministry of Justice reported that 6,790 persons
    were held in the prison system, which had a total capacity of 7,970
    persons. Of these, 2,034 were detainees awaiting trial or the outcome
    of their appeals and 4,756 were convicted inmates. Detainees and
    convicted inmates were generally held together. Male prisoners were
    held in 10 prisons throughout the country.
        The prison population also included 91 juvenile males. Most of
    these prisoners were held at a separate juvenile facility, which was
    equipped with a school funded by the state. At the end of the year 42
    juveniles were held in regular adult prisons. Although the Ministry of
    Justice stated such cases were temporary and rare, the ombudsman's
    office expressed concern that during pretrial detention some juveniles
    were held for long periods at adult facilities, where they were
    isolated and had no access to education. Conditions, especially
    sanitary facilities, at the juvenile facility for males remained very
    poor. However, in September the prison administration broke ground on a
    new building at the juvenile prison designed to bring conditions there
    in line with international standards.
        The prison population included 417 women, held in a separate
    women's prison. The country's few juvenile female prisoners were held
    in a separate wing of the women's prison. The ombudsman's office
    considered the physical conditions at the women's prison to be better
    than at other facilities, and generally adequate.
        During the year the Ministry of Justice began several projects to
    improve conditions in prisons. These included building renovations, a
    project to digitalize prison records and modernize information
    technology systems, and a program to bring its administrative controls
    into line with international standards. The prison administration also
    began new training programs for prison employees.
        The Latvian Center on Human Rights reported poor conditions at the
    Olaine detention center for illegal immigrants in Riga.
        In general, prisoners had reasonable access to visitors. The prison
    administration allowed prisoners and detainees to observe religious
    practices with some limitations, including security-related
    restrictions on religious articles kept in cells and dorm rooms.
    However, a group of prisoners filed a claim with the Constitutional
    Court challenging these restrictions. A decision was pending at year's
    end.
        Authorities allowed prisoners and detainees to submit complaints to
    judicial authorities. Prisoners may submit complaints without
    censorship and may request investigation of credible allegations of
    inhumane conditions. The ombudsman's office raised no concerns in this
    area. Authorities generally investigated credible allegations of
    inhumane conditions and documented the results of such investigations
    in a publicly accessible manner. Ministry of Justice and other
    government officials investigated and monitored prison and detention
    center conditions.
        The Government generally permitted independent monitoring of
    prisons and detention centers by international and local human rights
    groups. In December 2009 a CPT delegation inspected prisons in
    Daugavpils, Jekabpils, and Jelgava. As of year's end, the CPT had not
    publicly released its report.
        The ombudsman's office consistently monitored conditions at prisons
    and detention facilities. Although various NGOs argued the ombudsman's
    office was not aggressive enough in this area, it effectively advocated
    better conditions in some cases, especially involving juveniles.

        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 State Police,
    Security Police, and State Border Guards are subordinate to the
    Ministry of the Interior. Municipal police are under local government
    control. Military forces, the Military Counterintelligence Service, the
    Protective Service, and the National Guard are subordinate to the
    Ministry of Defense. The State Police and municipal police forces
    shared responsibility for maintaining public order, but only the State
    Police were authorized to carry out criminal investigations. The
    Security Police were responsible for combating terrorism and other
    internal threats. The military and National Guard were primarily
    responsible for external security.
        Civilian authorities maintained effective control over security
    forces, and the Government had effective mechanisms to investigate and
    punish abuse. There were no reports of impunity involving the security
    forces during the year.

        Arrest Procedures and Treatment While in Detention.--The law
    requires that persons be arrested openly and with warrants issued by an
    authorized judicial official, except in exceptional cases specifically
    defined by law (e.g., apprehension in the act, eyewitness
    identification of suspect, or flight risk). The Government generally
    respected this requirement in practice. The law requires the
    prosecutor's office to decide whether to charge or release an
    individual under arrest within 48 hours, and authorities generally
    respected this right in practice. Detainees were promptly informed of
    charges against them. There is a bail system; however, it was used
    infrequently and applied most often in cases of economic crimes.
        The Government provided attorneys for indigent defendants.
    Detainees have the right to have an attorney present during
    questioning; however, authorities did not always respect this right in
    practice. Investigators sometimes conducted unscheduled interrogations
    of detainees, or ``talks,'' without legal counsel. In 2008 the
    ombudsman's office criticized these ``talks'' with detainees. The
    Government did not issue a formal response, but the ombudsman reported
    having periodic discussions about this issue with police.
        Authorities permitted detainees prompt access to family members.
        The law limits pretrial detention to no more than 18 months from
    the first filing of the case for the most serious crimes and less for
    minor offenses. NGOs continued to express concern about the length of
    pretrial detentions in practice. The Government claimed that pretrial
    detention times were reduced slightly during the year but could not
    cite supporting statistics.

        e. Denial of Fair Public Trial.--The constitution and law provide
    for an independent judiciary, and the Government generally respected
    this provision in practice; however, there were significant problems,
    including inefficiency.

        Trial Procedures.--The constitution and law provide for the right
    to a fair trial, and most judges enforced this right; however, the
    fairness of individual court decisions, of judges, and of the judicial
    system in general remained a concern. As of December the ombudsman's
    office reported that it opened 26 investigations into complaints about
    the fairness of trials and courts.
        Defendants enjoy a presumption of innocence. Trials are generally
    public; however, some may be closed to protect government secrets or
    the interests of minors. A single trial judge hears most cases.
    Defendants have the right to be present at their trials. In closed
    trials, defendants are subject to criminal sanction if they reveal any
    details of the case outside the courtroom. Defendants have the right to
    consult with an attorney in a timely manner, at government expense if
    they are indigent. Defendants have the right to read charges, to
    confront and question witnesses against them, and to call witnesses and
    offer evidence to support their cases. Defendants and their attorneys
    have access to government-held evidence relevant to their cases and may
    appeal to the highest levels in the judicial system.
        Information on court decisions is published on the Internet; a
    person's identity may be withheld in accordance with regulatory
    procedures.

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

        Regional Human Rights Court Decisions.--During the year the ECHR
    issued seven decisions in cases involving the country, finding a
    violation of the European Convention on Human Rights in two of those
    cases. In general, the country promptly complied with judgments of the
    ECHR.
        On May 17, the ECHR Grand Chamber upheld the country's 2001
    conviction of Vassili Kononov on charges of war crimes during World War
    II. In so doing, it overturned its earlier decision, which found that
    the country's prosecution of Kononov applied the law retroactively.
    Kononov was a member of a Red Partisans unit that attacked the village
    of Mazie Balti in the eastern part of the country in 1944, killing nine
    villagers.
        On October 26, the ECHR ruled that Latvia denied a claimant,
    Marina, her right to a fair hearing by failing to take her low-income
    status into account when imposing court fees. The ECHR awarded Marina
    1,000 euros ($1,340).
        On December 21, the ECHR ruled that Latvia violated the rights of a
    deaf mute man, Jasinskis, who died in police custody in 2005.
    Jasinskis, who was intoxicated at the time of the incident, fell and
    suffered a head injury during a fight. When police arrived, they took
    him into custody and placed him in a ``sobering-up room.'' While still
    in custody, Jasinskis died from his previous head trauma. The ECHR
    ruled that police negligently failed to provide Jasinskis with medical
    care, thereby violating his right to the protection of life. The ECHR
    awarded Jasinskis' family 50,000 euros ($67,000).

        Civil Judicial Procedures and Remedies.--The law provides for an
    independent and impartial judiciary in civil matters, including access
    to a court to bring lawsuits seeking damages for, or cessation of, a
    human rights violation. The Government generally upheld the law
    concerning civil procedures and generally enforced civil court orders.

        Property Restitution.--Restitution of property confiscated or
    nationalized during the World War II period and thereafter was
    substantially completed under an expired denationalization law.
    However, some religious groups, including the Lutheran, Orthodox
    Christian, and Jewish communities, continued to claim additional
    communal and heirless properties. The status of many of these remaining
    properties was the subject of complicated legal and bureaucratic
    processes concerning ambiguous ownership, competing claims, and the
    destruction of the Jewish communities to whom properties belonged
    before World War II.
        The Jewish community has identified a number of properties for
    restitution. In 2008 the Government established a task force to study
    the Jewish community's outstanding claims and to consider solutions.
    The task force did not release its report by the end of the year, and
    members of local and international Jewish communities continued to urge
    the Government to pursue a resolution to this issue.

        f. Arbitrary Interference With Privacy, Family, Home, or
    Correspondence.--The constitution and law prohibit such actions, and
    the Government generally respected these prohibitions in practice.
    Section 2. Respect for Civil Liberties, Including:

        a. Freedom of Speech and Press.--The constitution and law provide
    for freedom of speech and of the press. However, certain government
    actions caused concern among observers.
        In general individuals were free to criticize the Government and
    its policies. However, the law criminalizes incitement to racial or
    ethnic hatred and spreading false information about the financial
    system.
        Human rights groups criticized the Government for attempting to
    enforce national spirit. In April prosecutors brought charges against
    an individual for ``blasphemy against a state symbol'' after he
    disposed of a hand-held Latvian flag in a dumpster. The case resulted
    in acquittal. The law imposes fines on property owners who fail to
    display the national flag on designated holidays.
        The independent media were active and expressed a wide variety of
    views, usually without restriction. There were some reports of
    harassment of the media:
        In January unknown persons ransacked the offices of the daily
    newspaper Neatkariga Rita Avize. This crime remained unsolved at year's
    end.
        In May the police raided the home of television journalist Ilze
    Nagle in connection with the high-profile case of Ilmars Poikans
    (a.k.a. Neo), who was accused of hacking the State Revenue Service's
    database and publishing public employees' salary information. Nagle
    reported extensively on the Neo case. Pursuant to an ``extraordinary''
    same-day warrant (usually reserved for cases in which the police fear
    the loss of evidence), police seized Nagle's computer and files. The
    ombudsman's office found that the police action violated the country's
    constitution. Nagle sued the police, but her complaint was dismissed.
        In September the Government's Corruption Prevention and Combating
    Bureau (KNAB), which enforces campaign laws, removed a satirical film,
    The Last Bear Slayer, from the on-demand playlist of the partially
    state-owned cable provider, Lattelecom. The KNAB stated that the film
    might have constituted election advertising. Reporters without Borders
    charged that the prohibition constituted improper censorship but noted
    it was ineffective because the film was widely available on the
    Internet.
        Independent media were active and expressed a wide variety of views
    without government restriction. All prominent newspapers were privately
    owned. Russian-language print and electronic media were also prevalent
    and active. The one government-owned newspaper mainly published
    official records of government actions and decisions. Other newspapers
    were widely believed to be associated with political or economic
    interests; complete information on media ownership was not publicly
    available.
        The country has one state-owned television station, Latvian
    National Television (LTV), and one state-owned radio station, Latvian
    National Radio. Privately owned television and radio outlets also
    operated in the country. On August 11, the Law on Electronic Mass
    Media, which requires 65 percent of all broadcast airtime to be in
    Latvian, dubbed in Latvian, or subtitled in Latvian, entered into
    force. While Latvian is the sole official state language, approximately
    one-third of the country's population (largely ethnic Russians,
    Belarusians, and Ukrainians) speak Russian as their first language.
    Many television stations in the country already employ Latvian
    subtitles or voiceover when broadcasting programs originally produced
    in another language. Despite the new law, extensive Russian-language
    programming remained available during the year.
        In February after a government appeal, the Supreme Court reduced to
    12,000 lats ($22,440) the civil award of 100,000 lats ($187,000) to LTV
    journalist Ilze Jaunalksne for the violation of her privacy by the
    State Revenue Service. Jaunalksne claimed in the case that the State
    Revenue Service targeted her for reporting on incidents of government
    corruption.

        Internet Freedom.--There were no government restrictions on access
    to the Internet or reports that the Government monitored e-mail or
    Internet chat rooms. Individuals and groups could engage in the
    peaceful expression of views via the Internet, including by e-mail.
    According to International Telecommunication Union statistics for 2009,
    approximately 67 percent of the country's inhabitants used the
    Internet.

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

        b. Freedom of Peaceful Assembly and Association.--Freedom of
    Assembly.--The constitution and law provide for freedom of assembly,
    and authorities may not prohibit public gatherings except in very
    limited cases related to public safety. Organizers of demonstrations
    must provide advance notice to local authorities, who may prohibit the
    event, or change the time and place to prevent public disorder.
        During the year numerous demonstrations took place peacefully and
    in most cases without government interference. Police usually did not
    interfere with peaceful assemblies and normally offered demonstrators
    appropriate levels of protection. However, some observers continued to
    criticize the legal requirement to give 10- days' advance notification
    of a planned protest.
        In March Riga city officials initially denied the request of a
    group seeking to hold its annual event in remembrance of Latvian
    soldiers who died fighting in German Waffen SS units during World War
    II. A local court overturned the city's decision, and approximately 200
    persons participated in the March 16 event. Opposition groups
    counterdemonstrated, but police kept the two groups apart, and the
    demonstration was largely peaceful. State Police reported that in
    connection with the demonstration, officers detained one person for
    petty hooliganism, and a court later fined the individual 50 lats
    ($93.50). According to press reports, between three and five additional
    persons were detained and released without charges.
        In May the organizer of a protest in support of hacker Ilmars
    Poikans (a.k.a. Neo) and reporter Ilze Nagle (see section 2.a.) was
    arrested for organizing a protest without notifying the authorities.
    Charges were later dropped.
        In June the Riga city government denied a group the right to
    demonstrate to mark the July 1 anniversary of the German army's entry
    into Riga in 1941. A court overturned the city's decision, finding that
    the marchers were not inciting violence or advocating Nazism, and
    citing the sanctity of the right to assemble. The city complied with
    the court's order and allowed the march. However, the day of the march,
    police detained the group's leader, Uldis Freimanis, for questioning on
    a suspected case of ``glorifying Nazism.'' He was later released
    without charges. Because Freimanis was in custody at the time of the
    demonstration, the group officially cancelled it. A small demonstration
    took place with no more than 30 participants. State Police detained two
    persons during the demonstration: one for violating assembly laws
    (charges were later dropped) and one for resisting police and violating
    assembly laws. A court imposed a fine of 70 lats ($131).

        Freedom of Association.--The constitution and law provide for
    freedom of association, but bar the registration of Communist, Nazi, or
    other organizations whose activities could contravene the constitution,
    for example, by advocating the violent overthrow of the Government.
    Within these limits the Government respected these rights in practice.

        c. Freedom of Religion.--For a complete description of religious
    freedom, see the 2010 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, including with respect to its ``noncitizen resident''
    population.
        The Government cooperated with the Office of the UN High
    Commissioner for Refugees (UNHCR) and other humanitarian organizations
    in providing protection and assistance to refugees, returning refugees,
    asylum seekers, stateless persons, and other persons of concern.
        The law prohibits forced exile, and the Government did not employ
    it.

        Protection of Refugees.--The country's laws provide for the
    granting of asylum or refugee status, and the Government has
    established a system for providing protection to refugees. Reports
    continued that authorities turned away persons attempting to enter the
    country at border checkpoints without establishing whether they might
    be refugees or asylum seekers; the Government disputed these claims.
        During the year 60 persons requested asylum; seven were granted
    asylum, and 18 were granted alternate status (``subsidiary
    protection''). In 2009, 52 sought asylum, five were granted refugee
    status, and six received subsidiary protection. In 2008, 51 persons
    requested asylum, two were granted refugee status and one received
    subsidiary protection.
        Latvia does not discriminate asylum cases based on the applicant's
    country of origin or country of transit.
        In practice the Government provided some protection against the
    expulsion or return of refugees to a country where their lives or
    freedom would be threatened on account of their race, religion,
    nationality, membership in a particular social group, or political
    opinion.

        Stateless Persons.--Citizenship is derived from one's parents. The
    children of ``noncitizen residents'' may be naturalized upon
    application by their parents.
        According to UNHCR data, there were 344,263 stateless persons at
    the end of 2009, the vast majority of whom the Government considered
    ``noncitizen residents.'' According to the Department of Citizenship
    and Migration, 335,918 ``noncitizen residents'' and 172 stateless
    persons lived in the country as of July. Most of the ``noncitizen
    residents'' were persons of Slavic origin, who either moved to the
    country during the Soviet occupation, or are descended from those who
    did. The Government did not give them automatic citizenship when the
    country regained sovereignty in 1991. ``Noncitizen residents'' have
    permanent residence status; consular protection abroad; the right to
    return to the country; full rights to employment, except for some
    government jobs and private sector positions deemed related to national
    security; and the right to most government social benefits. However,
    they may not vote in local or national elections and may not organize a
    political party without the participation of an equal number of
    citizens.
        The UNHCR noted that ``noncitizen residents'' have, under the
    country's laws, a transitional legal status that entitles them to
    rights and obligations beyond the minimum rights prescribed by the 1954
    Convention relating to the Status of Stateless Persons. The UNHCR
    further noted that these rights are identical to those attached to the
    possession of nationality, with the exception of certain limited civil
    and political rights.
        The law provides naturalization procedures for granting citizenship
    to the noncitizen population. The citizenship procedure includes a test
    of Latvian language skills and knowledge of the constitution and
    history of the country. Although the UNHCR considered most of these
    ``noncitizen residents'' to be ``stateless,'' the Government did not,
    because most were eligible to naturalize under the country's law. The
    Government recognized as stateless only those individuals who did not
    have a claim to foreign citizenship and were not eligible to apply for
    naturalization in the country.
        Most ``noncitizen residents'' had not applied for citizenship even
    though they were legally eligible for it. They frequently cited as
    reasons for not applying the perceived ``unfairness'' of the
    requirements, resentment at having to apply at all, and the lack of
    perceived benefits. A study by Ilze Brands Kehris of the Latvia Human
    Rights Center found that noncitizens still accounted for 15 percent of
    the country's population (down from 29 percent in 1995) and that
    naturalization applications dropped sharply from 2004 to 2009 (largely
    due to a 2004 surge upon the country's entry into the EU). In addition,
    failure rates in the citizenship examinations rose to approximately 20
    percent in 2008-09. Nils Muiznieks, a University of Latvia scholar and
    former chairperson of the European Commission against Racism and
    Intolerance, asserted that the Government made integration a lower
    priority in recent years. During the year through November, 2,974
    persons applied for naturalization, and 2,137 persons were approved. In
    2009, 3,470 persons applied and 2,080 were approved.
    Section 3. Respect for Political Rights: The Right of Citizens to
            Change Their Government
        The constitution and law provide citizens with the right to change
    their government peacefully, and citizens exercised this right in
    practice through periodic and generally free and fair elections based
    on universal suffrage.

        Elections and Political Participation.--Free and fair elections for
    parliament were held on October 2; parliament elected a new president
    in 2007. Observers from the Office for Democracy and Human Rights of
    the Organization for Security and Cooperation in Europe (OSCE) visited
    a limited number of polling stations on election day. It found the
    elections ``generally met OSCE commitments and other international
    standards for democratic elections, as well as domestic legislation.''
    However, it also noted that ``321,000 noncitizen long-term residents of
    voting age'' were not able to vote, that the country needs to
    strengthen its laws regarding candidacy rights to enhance compliance
    with its OSCE commitments, and that ``hidden'' advertising illegally
    not accounted for in campaign spending reports skewed the playing field
    in the election.
        Citizens can organize political parties without restriction;
    however, the law prohibits the country's ``noncitizen residents'' from
    organizing political parties without the participation of an equal
    number of citizens in the party. The election law prohibits persons who
    remained active in the Communist Party or various other pro-Soviet
    organizations after 1991 or who worked for such institutions as the
    former Soviet Committee for State Security (KGB) from holding office.
        At year's end there were 20 women (including the speaker) in the
    100-member parliament, and three women in the 14-member Cabinet of
    Ministers. Three of seven judges at the Constitutional Court were
    women, and 23 of 44 judges of the Supreme Court were women.
        Members of minorities, including ethnic Russians and Poles, served
    in various elected bodies. The mayor of Riga, the country's largest
    city, is a member of the ethnic Russian minority.
    Section 4. Official Corruption and Government 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. There was a
    widespread perception that corruption existed at all levels of
    government. The World Bank's World Governance Indicators reflected that
    corruption was a problem in the country.
        The KNAB is primarily responsible for fighting corruption. During
    the year the KNAB initiated 30 criminal cases, and other legal
    institutions initiated 12 criminal cases against government and law
    enforcement officials. The KNAB also forwarded 14 criminal cases
    involving 45 individuals to the prosecutor's office.
        Corruption cases during the year included the following:
        In May the KNAB initiated criminal proceedings against two
    municipal officials in Jurmala for offering a bribe in exchange for a
    vote in a Jurmala city council meeting.
        In June authorities indicted Vladimirs Vaskevics, the former head
    of the criminal investigative service of the customs service, for
    failure to comply with financial disclosure laws. This indictment
    followed an extensive investigation.
        In February 2009 the Riga Regional Court sentenced two former
    district court judges, Irena Polikarpova and Beatrise Talere, to eight
    years' imprisonment for bribery. Polikarpova and Talere appealed the
    sentence to the Supreme Court. In October the Supreme Court sentenced
    Polikarpova to a prison term of three years plus fines. In the
    meantime, Talere died.
        Under the country's law, public officials are required to file
    income declarations annually, and irregularities within the
    declarations are investigated. The state auditor's office reviews the
    financial records--classified and unclassified--of all governmental
    agencies on an annual basis and documents any irregularities. These
    reports are forwarded to the prime minister.
        There was a perceived lack of fairness and transparency in the
    public procurement process. A number of foreign companies complained
    that bidding requirements were sometimes written with the assistance of
    potential contractors or couched in terms that exclude all but
    ``preferred'' contractors.
        Allegations of corruption and bribery within law enforcement
    agencies continued to hurt the public's perception of police
    effectiveness. The Internal Security Office of the State Police was
    responsible for investigating and disciplining State Police officers
    who committed crimes or abuses of power, including corruption. Citizens
    could also report police corruption to the KNAB. In August the KNAB
    began criminal proceedings against two State Police inspectors accused
    of demanding a bribe from a suspect in exchange for not reporting a
    robbery.
        A regulation of the Cabinet of Ministers provides for public access
    to government information, and the Government generally provided
    citizens such access in practice. There were no reports that
    noncitizens or the foreign media were denied access.
    Section 5. Governmental Attitude Regarding International and
            Nongovernmental Investigation of Alleged Violations of Human
            Rights
        A number of domestic and international human rights groups
    generally operated without government restriction, investigating and
    publishing their findings on human rights cases. Government officials
    met with domestic NGO monitors and responded to their inquiries.
    Government officials often were cooperative and responsive to their
    views.
        The ombudsman's office has the responsibility to monitor the
    Government's performance on human rights issues. The office generally
    enjoyed the Government's cooperation and operated independent of
    government or party interference. However, at a time of across-the-
    board budgetary cuts for governmental agencies, the ombudsman's office
    complained that it did not have sufficient resources to accomplish its
    mandate. Under its charter the office's primary function is to
    investigate complaints and make specific recommendations, but its
    authority is strictly advisory. Some human rights groups voiced concern
    that the ombudsman's office was reactive rather than proactive and
    called for the office to advocate more aggressively with respect to
    certain human rights problems. The office complied with a statutory
    requirement to publish an annual public report detailing its activities
    and recommendations. These included monitoring conditions and making
    recommendations regarding detention facilities and prisons, as well as
    collecting, investigating, and answering complaints related to a broad
    spectrum of human rights: civil rights, children's rights, and rights
    pertaining to property, social welfare, education, and healthcare. The
    Justice Ministry acknowledged many of the shortcomings referenced by
    the ombudsman's office--especially those pertaining to prison
    conditions--and claimed to be addressing them as resources permit.
    Notwithstanding calls for greater activism from certain human rights
    groups, the ombudsman's offices generally maintained public trust.
    Section 6. 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.

        Women.--The law specifically criminalizes rape but does not
    recognize spousal rape as a distinct crime. Criminal penalties vary
    depending on the nature of the crime, the age of the victim, the
    criminal history of the offender, and the dependency of the victim on
    the offender. Such penalties range from probation to life imprisonment.
    During the first nine months of the year, there were 10 convictions on
    rape charges, compared with 39 convictions in 2009 and 44 in 2008.
    Several local NGOs complained that rape laws were ineffective or were
    inadequately enforced by authorities. NGOs continued to report that
    rapes were underreported due to a tendency of police to blame victims.
        In October the parliament adopted amendments to the Criminal Law
    adding domestic violence to the list of aggravating factors in criminal
    offenses connected with violence. Until these amendments there was no
    definition of domestic violence, and in practice domestic violence was
    understood very narrowly.
        NGOs and police agreed that domestic violence was a significant
    problem; however, the law was not effectively enforced. Victims were
    often uninformed about their rights and were reluctant to seek redress
    through the justice system. Human rights groups asserted that the legal
    system, including the courts, did not always take domestic violence
    cases seriously. Police stated they could only make arrests if either
    the victim or a witness agreed to file charges or if police caught
    someone in the act of committing the abuse. The women's advocacy NGO
    Marta Center noted that no system was in place whereby women could
    receive legal protection as soon as they arrived at a hospital for
    treatment after violence. Most abused women first went to the hospitals
    and only then turned to the police.
        During the year the Marta Center received 362 complaints of
    domestic violence, compared with 249 in 2009. Marta Center provided
    legal assistance in 208 of those cases.
        There were no shelters designed specifically for battered or abused
    women. Women who experienced violence could seek help in family crisis
    centers; however, these centers had limited capacity and gave priority
    to women with children. There were no dedicated rape or assault
    hotlines; however, NGOs managed four general crisis hotlines. The Marta
    Center operated Web sites that provided information and legal
    assistance for female victims of violence.
        Riga continued to be a destination for adult sex tourism.
        Sexual harassment is illegal; however, there was no record of
    complaints, due in part to procedures required to register incidents.
    The ombudsman's office, located in the capital, Riga, was the only
    designated location to file complaints. In addition, cultural factors
    tended to discourage women from filing sexual harassment complaints.
    Sexual harassment of women in the workplace reportedly was common.
    However, in the absence of complaints, the Government was not able to
    enforce the law. As of December the ombudsman's office had received no
    complaints regarding sexual harassment.
        The Government recognized the basic right of couples and
    individuals to decide freely and responsibly the number, spacing, and
    timing of their children and to have the information and means to do so
    free from discrimination, coercion, and violence. Health clinics and
    local health NGOs operated freely in disseminating information on
    family planning under the guidance of the Ministry of Health. There
    were no restrictions on the right to access contraceptives; however,
    according to the UN Population Fund (UNFPA) for 2008, only 68 percent
    of the population used any kind of contraception, while 56 percent used
    modern methods, including male and female sterilization, intrauterine
    devices, the pill, injectables, hormonal implants, condoms, and female
    barrier methods. According to UNFPA data for 2008, there were
    approximately 20 maternal deaths per 100,000 live births in the
    country. The Government provided free childbirth services.
        According to statistics compiled by the World Health Organization
    in 2005, men and women received equal access to diagnosis and treatment
    for sexually transmitted infections, including HIV, but local health
    NGOs and clinics reported that women were more likely than men to seek
    treatment and to refer their partners for treatment.
        Women enjoy the same rights as men, including rights under family
    law, property law, and in the judicial system. The law prohibits
    employment discrimination; however, in practice women frequently faced
    hiring and pay discrimination, particularly in the private sector. The
    Marta Center noted that there had been cases of discrimination based on
    gender when applying for work.
        The law prohibits work and wage discrimination based on gender and
    requires employers to set equal pay for equal work; however, government
    regulatory agencies did not implement the law fully. According to the
    country's Central Statistics Bureau, in the first quarter of the year,
    the average female worker earned 18.5 percent less than a male worker.

        Children.--Citizenship is derived from one's parents. Children of
    ``noncitizen'' parents born in the country are registered immediately
    and are eligible to apply for citizenship. There were no reports of
    systematic or widespread failure to register births immediately.
        An NGO working with abused children, the Dardedze Center Against
    Violence, stated that the number of reported instances of child abuse,
    including sexual abuse, increased in the past several years. The center
    attributed this increase largely to better reporting due to increased
    awareness of the problem. Laws against child abuse were enforced
    effectively, although the center observed that coordination among
    agencies involved in the protection of children's rights was weak.
    Children from families that were unable to care for them had access to
    government-funded boarding schools that provided adequate living
    conditions; however, these schools had lower educational standards than
    regular state schools.
        Statutory rape and child pornography are illegal. The minimum age
    for consensual sex is 16 years. Statutory rape is punishable by four
    years' imprisonment, or six years if the victims are particularly
    young. The State Police can initiate proceedings against a sexual
    abuser without an application from a victim who is a minor. Purchase,
    display, reproduction, or distribution of child pornography is
    punishable by up to three years in prison. Involving a minor in the
    production of pornography is punishable by up to 12 years in prison,
    depending on the age of the child.
        A special police unit in Riga worked to prevent sexual abuse of
    minors and eradicate child sex tourism through aggressive prosecution
    of pedophiles and other child abusers. The unit also publicized the
    potential dangers posed to minors by Internet chat rooms and worked
    closely with local social networking sites to identify potential
    Internet predator cases.
        The country is a party to the 1980 Hague Convention on the Civil
    Aspects of International Child Abduction. For information on
    international parental child abduction, please see the Department of
    State's annual report on compliance at http://travel.state.gov/
    abduction/resources/congressreport/congressreport--4308.html.

        Anti-Semitism.--The Jewish community numbers approximately 10,000
    and is largely secular and Russian-speaking. There were reports of
    anti-Semitic vandalism during the year, but no reports of anti-Semitic
    attacks. Anti-Semitic sentiments persisted in some segments of society,
    manifested in hostile comments on the Internet.
        On March 16, according to press reports, authorities in Riga
    detained one person who was displaying an anti-Semitic sign at an
    annual event in remembrance of Latvian soldiers who died fighting in
    German Waffen SS units during World War II (see section 2.b.). The
    person was later released without formal charges.
        On December 7, 89 headstones in the New Jewish Cemetery of Riga
    were vandalized by painting with swastikas and anti-Semitic slogans in
    the Russian language. Government officials, including the president,
    prime minister, foreign minister, and the mayor of Riga, quickly and
    forcefully criticized the acts. The police launched an investigation
    and said they would charge the perpetrators with grave desecration and
    inciting ethnic hatred, crimes carrying up to 10-year prison terms. At
    the end of the year, police continued to investigate the case but had
    made no arrests. The city of Riga rapidly repaired the damage with city
    funds, and the mayor stepped up police presence and patrols in relevant
    areas to prevent further incidents.
        On December 13, marks of white paint were found on a monument to
    Zanis Lipke, a Latvian who rescued Jews during the Holocaust. Riga city
    authorities removed the paint on the day it was discovered, and police
    opened a criminal investigation. The president and foreign minister
    quickly and strongly condemned the act.

        Trafficking in Persons.--For information on trafficking in persons,
    please see the Department of State's annual Trafficking in Persons
    Report at www.state.gov/g/tip.

        Persons With Disabilities.--The law prohibits discrimination
    against persons with physical, sensory, intellectual, and mental
    disabilities in employment, education, access to healthcare, or the
    provision of other state services or other areas, and the Government
    generally enforced these provisions. The law mandates access to
    buildings for persons with disabilities; however, most buildings were
    not accessible.
        A new law which preserves the rights of handicapped children took
    effect during the year. The law grants additional assistance to
    children with disabilities, allowing them and their chaperones to use
    public transportation free of charge. The law also allows families of
    children who have been diagnosed with a disability to receive state-
    funded counseling.

        National/Racial/Ethnic Minorities.--According to government
    statistics for the year, Russians comprised 28 percent of the
    population, Belarusians 4 percent, Ukrainians 3 percent, Poles 2
    percent, Lithuanians 1 percent, Jews 0.4 percent, and Roma 0.4 percent.
        No attacks against minorities were reported. However, NGOs
    representing minority groups claimed that official statistics
    underreported the actual number of incidents, including physical
    assaults.
        In the first eight months of the year, the Security Police reviewed
    18 applications/complaints connected to possible incitement of ethnic
    or racial hatred. Of these, in five cases a criminal procedure was
    initiated for incitement of ethnic hatred. These complaints involved
    hate speech on the Internet. One of the five cases was dismissed due to
    lack of evidence, and in the remaining four cases, investigations
    continued at the end of the year. As of July the ombudsman's office
    received two written complaints of racial or ethnic discrimination,
    compared with 85 in 2009.
        In August, Valdis Rosans, a self-proclaimed National Socialist, was
    charged with using hate speech online and was given a two-year
    suspended sentence. Rosans had published remarks that were demeaning to
    Jews, gays, and other minorities.
        There were no developments, and none were expected, in the February
    2009 attack on two Armenians in Riga by unknown persons with apparent
    racial intent. Police classified the incident as ``hooliganism'' rather
    than a racially motivated attack.
        The Romani community has historically faced widespread societal
    discrimination and high levels of unemployment and illiteracy. As a
    result of emigration, the Romani population in the country fell from
    approximately 20,000 in the mid-1990s to approximately 8,000 persons.
    The Government had a national action plan to address problems affecting
    the Romani community with respect to employment, education, and human
    rights; however, observers criticized the plan for lacking adequate
    funding to improve conditions for Roma substantially.

        Societal Abuses, Discrimination, and Acts of Violence Based on
    Sexual Orientation and Gender Identity.--No gay pride parades or
    marches were held in the country during the year, although a Baltic
    regional pride march took place in Vilnius, Lithuania, in March.
    Latvian lesbian, gay, bisexual, and transgender (LGBT) activists
    reported they received good cooperation from Latvian police who
    traveled to Vilnius to assist Lithuanian police in providing
    appropriate security for the march. LGBT representatives stated the
    attitude of the country's police toward their organizations has
    improved in recent years.
        There were no official reports of societal violence based on sexual
    orientation or gender identity; however, leaders of LGBT organizations
    complained of widespread intolerance and underreporting of physical
    attacks. As of July the ombudsman's office had received one report of
    discrimination based on sexual orientation.
        LGBT representatives also reported that the ombudsman expressed
    reluctance to assist the LGBT community in securing its rights,
    particularly LGBT persons' right of assembly.
        LGBT groups complained about the use of anti-LGBT rhetoric and
    images in the campaign of the For a Good Latvia party during the
    national parliamentary election campaign during the year.

        Other Societal Violence or Discrimination.--There were no reports
    of societal violence or discrimination against persons with HIV/AIDS.
    Section 7. Worker Rights

        a. The Right of Association.--The law entitles all workers, except
    for uniformed members of the military, to form and join independent
    unions of their choice without previous authorization or excessive
    requirements, and workers exercised this right in practice. This law
    was implemented fairly and effectively. Throughout the year union
    membership remained constant at approximately 15 percent of the
    workforce.
        The law allows unions to conduct their activities without
    interference, and the Government protected this right in practice. The
    law recognizes the right to strike, subject to limitations related to
    public safety. However, the law prohibits ``sympathy'' or
    ``solidarity'' strikes by workers who are not directly involved in the
    specific work agreement between strikers and their employers. While
    most workers were free to exercise the right to strike within these
    parameters, labor regulations prohibit strikes by essential personnel,
    including judges, prosecutors, police, fire fighters, border guards,
    employees of state security institutions, prison guards, and military
    personnel. The law provides arbitration mechanisms that essential
    personnel may use in lieu of striking.

        b. The Right to Organize and Bargain Collectively.--The law
    provides for collective bargaining, and workers exercised this right in
    practice. Approximately 18 percent of workers were covered by
    collective bargaining agreements.
        The law also prohibits antiunion discrimination and employer
    interference in union functions, and the Government effectively
    protected this right throughout the year.
        There are four export processing zones; regular labor laws applied
    in all of them.

        c. Prohibition of Forced or Compulsory Labor.--The law prohibits
    forced or compulsory labor, including by children. Also, please see the
    Department of State's annual Trafficking in Persons Report at
    www.state.gov/g/tip

        d. Prohibition of Child Labor and Minimum Age for Employment.--The
    law and policies protect children from exploitation in the workplace,
    including policies regarding acceptable working conditions, and the
    Government generally implemented these laws and policies in practice.
        The law restricts employment of those under the age of 18 years by
    prohibiting nighttime or overtime work. The statutory minimum age for
    employment is 15 years, although children who are 13 years old or older
    may work in certain jobs outside school hours with written permission
    from a parent.
        Inspectors from the Ministry of Welfare's State Labor Inspectorate
    are responsible for enforcing the child labor laws, and they did so
    effectively.

        e. Acceptable Conditions of Work.--The legally mandated monthly
    minimum wage of 180 lats ($336.60) did not provide a decent standard of
    living for a worker and his or her family. By comparison, the Latvian
    Central Statistical Bureau's ``Minimum Consumer Basket'' price index
    for November was approximately 170 lats ($317.90). In 2009 the average
    monthly wage was approximately 461 lats (approximately $862). The State
    Revenue Service is responsible for enforcing minimum wage regulations
    and did so effectively.
        The law provides for a mandatory 40-hour maximum workweek with at
    least one 42-hour rest period weekly. The maximum permitted overtime is
    144 hours in a four-month period. Employees are also not allowed to
    work more than 24 hours consecutively, 56 hours in a week, or overtime
    on more than six consecutive days. The law requires premium pay in
    compensation for overtime, unless other forms of compensation are
    agreed to in a contract. These standards were generally respected for
    both citizens and noncitizen workers.
        The law establishes minimum occupational health and safety
    standards for the workplace, which were effectively enforced. Workers
    have the legal right to remove themselves from situations that endanger
    health or safety without endangering their continued employment;
    however, authorities did not enforce this right.

                                   __________

                                 LIECHTENSTEIN

        The Principality of Liechtenstein, with a population of
    approximately 36,000, is a multiparty constitutional monarchy with a
    parliamentary government. The unicameral Landtag (parliament)
    nominates, and the monarch appoints, the members of the Government. A
    two-party coalition government was formed following free and fair
    parliamentary elections in February 2009. Security forces reported to
    civilian authorities.
        There were isolated reports of societal discrimination against
    minorities, violence against women, including spousal abuse, and child
    abuse.
                            respect for human rights
    Section 1. Respect for the Integrity of the Person, Including Freedom
            From:

        a. Arbitrary or Unlawful Deprivation of Life.--There were no
    reports that the Government or its agents committed arbitrary or
    unlawful killings.

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

        c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
    Punishment.--The constitution and law prohibit such practices, and
    there were no reported incidents.

        Prison and Detention Center Conditions.--Prison and detention
    center conditions generally met international standards. In 2009 there
    were 149 persons serving time in prison or detention for a total of
    2,554 days. Nine of these were women, one was under 18 years old, and
    106 were detained due to a violation of the provisions of the law on
    foreigners, representing an increase of more than 300 percent from the
    previous year. The reason for this increase was the massive immigration
    of asylum seekers from Somalia and Eritrea who had illegally travelled
    to the country via Switzerland and were being detained prior to their
    deportation. Twenty-three persons were in prison for offenses under the
    criminal code, a decline of 36 percent, compared with 2008. Due to the
    1982 bilateral treaty between Liechtenstein and Austria whereby
    prisoners with sentences of longer than two years' imprisonment were to
    be accommodated in Austria, 13 individuals from the country were
    incarcerated in Austria. The country's only prison had a total capacity
    of 20 beds. The maximum capacity was not reached during the year. The
    Government permitted visits by independent human rights observers.
        Prisoners and detainees had reasonable access to visitors and were
    permitted religious observance. According to law, they could submit
    complaints to the prince, the Government, parliament, and judicial
    authorities without censorship and request investigations of credible
    allegations of inhumane conditions. No such allegations were submitted
    during the year.
        In March four former asylum seekers filed a complaint with
    government officials after being detained by police while trying to
    return to the country following their deportation to Switzerland. The
    prosecutor's office ruled in favor of one of the asylum seekers and
    ordered the individual's release, while the other three remained in
    custody until their scheduled deportation. The Government opened a
    liability action against the arresting officers, charging them with
    falsely arresting the released asylum seeker.
        There is no ombudsman who can serve on behalf of prisoners and
    detainees, but the Government has an independent body, the Corrections
    Commission, to monitor prison conditions. The Corrections Commission,
    which also serves as the designated national preventive mechanism under
    the Optional Protocol to the UN Convention against Torture, organized
    at least one unannounced visit to the country's prison each quarter.
    During these visits, the commission collected documentation and spoke
    to prisoners without prison officials being present. Following four
    visits in 2009, the commission on April 26 published a report with
    recommendations for the Government.

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

        Role of the Police and Security Apparatus.--Civilian authorities
    maintained effective control over the regular and auxiliary police, and
    the Government has effective mechanisms to investigate and punish abuse
    and corruption. There were no reports of impunity involving the
    security forces during the year.

        Arrest Procedures and Treatment While in Detention.--Police arrest
    a suspect based on an arrest warrant issued by the national court.
    Within 48 hours of arrest, police must bring suspects before an
    examining magistrate who must either file formal charges or order
    release; authorities respected this right in practice. Release on
    personal recognizance or bail is permitted unless the examining
    magistrate has reason to believe that the suspect is a danger to
    society or would not appear for trial. The law grants suspects the
    right to legal counsel of their own choosing during pretrial detention,
    and counsel was provided at government expense to indigent persons.
    According to the criminal procedure code, every detainee must be
    informed at the time of detention or immediately thereafter of the
    reasons for the detention. The detainee also must be advised of his
    right to contact legal counsel and a relative. During investigative
    detention, visits may be monitored to prevent tampering with evidence.

        e. Denial of Fair Public Trial.--The constitution and law provide
    for an independent judiciary, and the Government generally respected
    judicial independence in practice.

        Trial Procedures.--The constitution and law provide for the right
    to a fair trial, and an independent judiciary generally enforced this
    right. Defendants are presumed innocent. A single judge hears trials
    involving minor offenses. A panel of judges hears more serious or
    complex cases, and the most serious cases, including murder, are heard
    by a public jury. The law grants defendants the right during trial to
    legal counsel of their own choosing; counsel is provided at government
    expense for indigent persons. Defendants may challenge witnesses or
    evidence and present witnesses or evidence on their own behalf. They
    have access to government-held evidence relevant to their cases. Those
    convicted have the right to appeal, ultimately to the Supreme Court.

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

        Civil Judicial Procedures and Remedies.--There is an independent
    and impartial judiciary in civil matters and access to a court to bring
    lawsuits seeking damages for, or cessation of, a human rights
    violation.

        f. Arbitrary Interference With Privacy, Family, Home, or
    Correspondence.--The constitution and law prohibit such actions, and
    the Government generally respected these prohibitions in practice.
    Section 2. Respect for Civil Liberties, Including:

        a. Freedom of Speech and Press.--The constitution and law provide
    for freedom of speech and of the press, and the Government generally
    respected these rights in practice. However, the law prohibits public
    insult directed against a race, people, or ethnic group, with a
    possible prison sentence of up to two years. During the year no such
    charges were filed. An independent press, an effective judiciary, and a
    functioning democratic political system combined to ensure freedom of
    speech and of the press.

        Internet Freedom.--There were no government restrictions on access
    to the Internet or reports that the Government monitored e-mail or
    Internet chat rooms. Individuals and groups could engage in the
    peaceful expression of views via the Internet, including by e-mail.
    According to International Telecommunication Union statistics for 2008,
    approximately 65 percent of the country's inhabitants used the
    Internet. These figures remained unchanged during the year.

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

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

        c. Freedom of Religion.--For a complete description of religious
    freedom, please see the 2010 International Religious Freedom Report at
    www.state.gov/g/drl/irf/rpt.

        d. Freedom of Movement, Internally Displaced Persons, Protection of
    Refugees, and Stateless Persons.--The law provides for freedom of
    movement within the country, foreign travel, emigration, and
    repatriation, and the Government generally respected these rights in
    practice. The Government cooperated with the Office of the UN High
    Commissioner for Refugees (UNHCR) and other humanitarian organizations
    in providing protection and assistance to refugees, asylum seekers,
    stateless persons, and other persons of concern. The law does not
    prohibit forced exile, but the Government did not employ it.

        Protection of Refugees.--The laws provide for the granting of
    asylum or refugee status, and the Government has a system for providing
    protection to refugees.
        According to the law, persons entering the country from another
    safe country are not eligible for asylum. In practice, the Government
    provided protection against the expulsion or return of refugees to
    countries where their lives or freedom would be threatened on account
    of their race, religion, nationality, membership in a particular social
    group, or political opinion. There were 88 asylum applications from
    January to September, none of which was successful. The Government did
    not grant any residency permits to asylum seekers, who were housed
    temporarily in the country's asylum center.
        A May 25 UN Committee against Torture (CAT) report noted that the
    time limit of 24 hours within which asylum seekers ``under preventive
    expulsion'' were allowed to request a hearing before the Administrative
    Court in appeals cases was too short to ensure access to the asylum
    procedure in Switzerland or Austria in view of those countries'
    readmission agreements with Liechtenstein. The CAT recommended that the
    country increase the time limit. An April 12 report by the UNHCR
    mentioned the same concerns.
        The Government has a system for providing temporary protection to
    individuals who may not qualify as refugees. There were no reported
    cases during the year.
    Section 3. Respect for Political Rights: The Right of Citizens to
            Change Their Government
        The constitution and law provide citizens the right to change their
    government peacefully, and citizens exercised this right in practice
    through periodic, free, and fair elections based on universal suffrage.
        As a hereditary monarchy, the country's line of succession is
    restricted to male descendents of the Liechtenstein dynasty. Prince
    Hans Adam II is the head of state. In 2004 hereditary Prince Alois
    assumed the duties of head of state, exercising the rights of office on
    behalf of the reigning prince. All legislation enacted by the
    parliament must have the concurrence of the monarch and the prime
    minister.

        Elections and Political Participation.--In February 2009 the
    country held parliamentary elections that were considered free and
    fair. Individuals and parties freely declared their candidacy and stood
    for election.
        There were six women in the 25-member parliament and two women in
    the five-seat cabinet. There were no known members of minorities in the
    Government.
    Section 4. Official Corruption and Government Transparency
        The law provides criminal penalties for official corruption, and
    the Government effectively implemented these laws. There were no
    reports of government corruption during the year.
        The law prohibits public officials from requesting or accepting
    gifts or benefits in connection with their duties and places
    restrictions on public officials engaging in private commercial
    activities. The police and the prosecutor's office, respectively, are
    responsible for investigating and prosecuting official corruption. The
    police have an organizationally independent special investigative unit
    for corruption cases. An interdepartmental working group chaired by the
    Ministry of Foreign Affairs coordinated measures to prevent and combat
    corruption.
        Public officials are not subject to comprehensive financial
    disclosure laws.
        The law requires the Government to inform the public of its
    activities, and government information was freely available to all
    persons living in the country, including domestic and foreign media.
    Section 5. Governmental Attitude Regarding International and
            Nongovernmental Investigation of Alleged Violations of Human
            Rights
        A few domestic and international human rights groups operated
    without government restriction, investigating and publishing their
    findings on human rights cases. Government officials were cooperative
    and responsive to their views.
    Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
        The law prohibits discrimination based on race, gender, disability,
    language, or social status. The law also prohibits public incitement to
    violence or public agitation or insult directed against a race, people,
    or ethnic group. The Government effectively enforced these
    prohibitions.

        Women.--Rape, including spousal rape, is a criminal offense, and
    the Government effectively prosecuted those accused of such crimes.
    Spousal rape has the same penalties as rape under other circumstances.
    It is possible to reduce sentences if the victim decides to remain with
    the abusive spouse.
        The law prohibits all forms of domestic violence and provides for
    restraining orders against violent family members. However, there were
    reports of violence against women, including spousal abuse. According
    to police records, there were 12 cases of domestic violence reported as
    of late August.
        During this same time frame, 14 women and 10 children received
    counseling and refuge at Frauenhaus, a women's shelter. Government
    centers provided single-stop financial, administrative, legal, and
    psychological assistance to victims of domestic violence.
        Stalking is a criminal offense. Sexual harassment is illegal and
    punishable by up to six months in prison or a fine, and the Government
    effectively enforced these prohibitions. Employers are required to take
    reasonable measures to prevent sexual harassment; failure to do so may
    result in compensation for victims up to 40,000 Swiss francs
    (approximately $38,000). There were three recorded complaints of sexual
    harassment during the year.
        Couples and individuals have the right to decide freely and
    responsibly the number, spacing, and timing of their children and to
    have the information and means to do so free from discrimination,
    coercion, and violence. Contraceptives and medical services are readily
    available. There were no reports of barriers limiting access to
    maternal health services. Women and men were equally diagnosed and
    treated for sexually transmitted infections, including for HIV.
        Women enjoy the same legal rights as men, including rights under
    family law, property law, and in the judicial system. The Equal
    Opportunity Office and the Commission on Equality between Women and Men
    worked to eliminate all forms of gender discrimination. However,
    societal discrimination continued to limit opportunities for women in
    fields traditionally dominated by men. On average women earned 80
    percent of men's earnings for equal work. The labor contract law and
    the equal opportunity law contain provisions to combat gender
    discrimination in the workplace.

        Children.--Citizenship is derived from one's parents at birth.
    Citizenship may be derived from a single parent. Every child born in
    the country, who otherwise would be stateless, may acquire citizenship.
        There were some reports of child abuse. The Commission for the
    Coordination of Professionals in Cases of Sexual Offenses against
    Children reported being contacted regarding five cases of suspected
    sexual abuse as of September. Possession of child pornographic material
    is a criminal offense. During the year there were three reported cases
    of suspected sexual abuse; one case was dismissed, and two were pending
    at the end of the year. According to the law, penalties for statutory
    rape are between one and ten years' imprisonment. The law sets the
    minimum age for consensual sex at 14 years.
        The Government supported programs to protect the rights of children
    and made financial contributions to three nongovernmental organizations
    that monitored children's rights. The Office for Social Services
    oversaw the implementation of government-supported programs for
    children and youth.
        The country is not a party to the 1980 Hague Convention on the
    Civil Aspects of International Child Abduction. For information on
    international parental child abduction, please see the Department of
    State's annual report on compliance at http://travel.state.gov/
    abduction/resources/congressreport/congressreport--4308.html.

        Anti-Semitism.--The small Jewish community does not have an
    organizational structure. There were no reports of anti-Semitic acts
    against persons or property.

        Trafficking in Persons.--There were no confirmed cases of
    trafficking to, from, or within the country.

        Persons With Disabilities.--The law prohibits discrimination
    against persons with physical, sensory, intellectual, or mental
    disabilities in employment, education, access to health care, or the
    provision of other state services or other areas.
        The Government effectively implemented laws and programs to ensure
    that persons with disabilities have access to buildings, information,
    and communications, and disabled persons readily had access. The law
    mandates that all public kindergartens and schools as well as public
    transportation systems must be accessible to persons with disabilities
    by 2012. Recently constructed public buildings must become barrier-free
    by 2027; older public buildings, by 2019.

        National/Racial/Ethnic Minorities.--Police estimated violent right-
    wing extremists, including skinheads, numbered no more than 30 to 40
    persons. The Government continued to monitor right-wing groups.
    Approximately 30 percent of the resident population in the country
    consisted of foreigners, mostly Swiss and Austrian. Turks accounted for
    2.2 percent of the population. Since 2009, there were reports that
    right-wing extremists attacked foreigners on several occasions:
        On February 26, an arson attack on a kebab bistro owned by a Turk
    occurred the day before its opening. Police identified the perpetrator,
    who was subsequently sentenced to two-and-a-half years in prison. The
    same perpetrator from a right-wing group had thrown Molotov cocktails
    at two apartment buildings, primarily inhabited by foreigners, in
    November 2009.
        In May 2009 a group of three skinheads threatened a Turkish bistro
    owner and injured him with a large waste bin. The main offender was
    convicted and assessed a fine of 1,000 Swiss francs ($937). The other
    two were acquitted.
        On April 12, in response to these attacks, the Government launched
    a public awareness campaign against right-wing extremism and
    established a working group against such extremism.

        Societal Abuses, Discrimination, and Acts of Violence Based on
    Sexual Orientation and Gender Identity.--A government-contracted study
    published in 2007 found evidence of discrimination based on sexual
    orientation. During the year, however, there were no formal complaints
    issued by the country's gay community, nor were there any gay pride
    marches. The Government was in the process of elaborating a registered
    partnership law aimed at eliminating legal discrimination against same
    sex couples; the process was not completed by the end of the year.
        In October 2009 the Office of Equal Opportunity launched an
    awareness campaign using posters to reduce discrimination and
    stigmatization of homosexual activity. In early November 2009, unknown
    people sprayed homophobic slogans on some posters of the awareness
    campaign. Investigations were abandoned due to lack of evidence.

        Other Societal Violence or Discrimination.--There were no reports
    of discrimination against persons with HIV/AIDS.
    Section 7. Worker Rights

        a. The Right of Association.--The law provides that all workers,
    including foreigners, are free to form and join independent unions of
    their choice and select their own union representatives, and workers
    exercised these rights in practice. The law allows unions to conduct
    their activities without government interference, and the Government
    protected this right. There was only one trade union, which represented
    approximately 3 percent of the workforce. There is no provision in the
    constitution or labor laws explicitly banning the right to strike. The
    2008 Civil Servants Law lifted the previous ban on strikes for civil
    servants. No strikes occurred during the year.

        b. The Right to Organize and Bargain Collectively.--The law
    provides for the right of workers to organize and bargain collectively.
    Collective bargaining agreements covered approximately 25 percent of
    workers.
        The law does not prohibit antiunion discrimination; however, there
    were no reports of antiunion discrimination during the year.
        There are no export processing zones.

        c. Prohibition of Forced or Compulsory Labor.--The law prohibits
    forced or compulsory labor, including by children, and there were no
    reported violations.

        d. Prohibition of Child Labor and Minimum Age for Employment.--
    There are laws and policies to protect children from exploitation in
    the workplace, and the Government effectively enforced these laws. The
    law prohibits the employment of children younger than 16; exceptions
    may be made for the limited employment of children who are 14 and older
    and for those who leave school after completing nine years of
    compulsory education. Children who are 14 and older may be employed in
    light duties for not more than nine hours per week during the school
    year and 15 hours per week at other times.
        The law prohibits labor that subjects children to physical,
    psychological, moral, or sexual abuse. There were no reported cases.
        The Government devoted adequate resources and oversight to child
    labor policies, and the Department for Worker Safety of the Office of
    the National Economy effectively supervised compliance with the law.

        e. Acceptable Conditions of Work.--There is no national minimum
    wage. The Liechtenstein Workers Association negotiates minimum wages
    annually with the Chamber of Commerce and the Chamber for Economic
    Affairs. The average daily wage provided a decent standard of living
    for a worker and family.
        The law sets the maximum workweek at 45 hours for white-collar
    workers and employees of industrial firms and sales personnel and 48
    hours for other workers. The law provides for a daily mandatory one-
    hour break and an 11-hour rest period for full-time workers; with few
    exceptions, Sunday work is not allowed. Pay for overtime is required to
    be at least 25 percent higher than the standard rate, and overtime is
    generally restricted to two hours per day. The average workweek,
    including overtime, may not exceed 48 hours over a period of four
    months. Thousands of workers commuted from neighboring countries daily
    and were covered by the same standards.
        The law sets occupational health and safety standards, and the
    Department for Worker Safety generally enforced these provisions
    effectively. The law provides for the right of workers to remove
    themselves from work situations that endanger their health or safety
    without jeopardy to their continued employment, and workers exercised
    this right in practice.

                                   __________

                                   LITHUANIA

        The Republic of Lithuania, population approximately 3.2 million, is
    a constitutional, multiparty, parliamentary democracy. Legislative
    authority is vested in the unicameral Seimas (parliament). In May 2009
    Dalia Grybauskaite was elected as the country's first female president.
    Parliamentary elections in 2008 led to the formation of a center-right
    coalition government. Both elections were free and fair. Security
    forces reported to civilian authorities.
        Conditions in prisons and detention centers were poor, and physical
    mistreatment of prisoners and overcrowding were reported. Lengthy
    detention of persons awaiting trial was a problem. Controversial
    legislation took effect that restricted the public dissemination of a
    broad range of materials deemed harmful to juveniles. There were
    reports of corruption in the police and government. Domestic violence
    and child abuse, intolerance of sexual and ethnic minorities, and
    trafficking in women and children continued to be problems.
                            respect for human rights
    Section 1. Respect for the Integrity of the Person, Including Freedom
            From:

        a. Arbitrary or Unlawful Deprivation of Life.--There were no
    reports that the Government or its agents committed arbitrary or
    unlawful killings.
        During the year prosecutors forwarded eight cases involving alleged
    war crimes or crimes against humanity during the periods of Soviet
    occupation to the courts for trial and opened nine new investigations.
    As of the end of December, the Prosecutor's Office was reviewing 58
    cases relating to the periods of German or Soviet occupation.

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

        c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
    Punishment.--The constitution prohibits inhuman or degrading treatment
    or punishment; however, there were reports that police physically
    mistreated detainees.
        During the year the Human Rights Ombudsman's Office received nine
    complaints that officials used force and psychological pressure to
    obtain evidence in an investigation. The Ombudsman's Office found eight
    complaints to be groundless and terminated the remaining one because it
    did not fall within the competence of the ombudsman.
        In June 2009 the Council of Europe's Committee for the Prevention
    of Torture (CPT) released a report on the 2008 visit of a CPT
    delegation. The report noted that, while the majority of individuals
    interviewed indicated they had been treated correctly, the delegation
    received a number of allegations of recent mistreatment during
    questioning by police officers, often apparently intended to produce
    confessions. It noted that juveniles appeared to be particularly at
    risk. The report described the mistreatment as mainly consisting of
    ``kicks, punches, slaps, and blows with truncheons or other hard
    objects (such as wooden bats or chair legs).'' The delegation also
    heard allegations of extensive beating and asphyxiation using a plastic
    bag or gas mask. The delegation indicated that in some cases it was
    able to provide evidence consistent with the allegations. During the
    visit the delegation also received a number of allegations that
    prosecutors and judges did not act on claims of mistreatment when these
    were brought to their attention. Authorities responded that human-
    rights training for police personnel was an ongoing policy.
        During the year military police opened one case related to military
    hazing, compared with six in 2009. The investigation was terminated due
    to lack of evidence. According to the national courts administration,
    no persons were convicted of hazing during the year.

        Prison and Detention Center Conditions.--Prison and detention
    center conditions did not meet international standards. The Government
    permitted monitoring visits by independent human rights observers, and
    such visits occurred during the year. Although government measures to
    upgrade prisons brought them closer to international standards,
    domestic human rights advocates reported that conditions remained poor
    in some prisons.
        According to Prison Department data, there were 9,139 prisoners at
    year's end, including 421 women and 158 juveniles. In its June 2009
    report, the CPT delegation noted that it received several allegations
    by prisoners that staff of Lukiskes Prison mistreated them; the
    mistreatment consisted of punches, baton blows, and blows with books.
    In some cases the prison personnel inflicting the mistreatment were
    said to have been drunk. The delegation also heard inmates' allegations
    that personal at the Pravieniskes Corrections Home No. 3 and the Kaunas
    Juvenile Remand Prison and Correction Home engaged in mistreatment (see
    section 6, children).
        Three correctional institutions remained overcrowded. For example,
    on December 31, a correctional facility in Siauliai held 676 inmates,
    despite a capacity of 435. The CPT report noted that renovated cells at
    the Lukiskes Prison were overcrowded, sometimes to ``an outrageous
    degree,'' with six prisoners in a cell measuring eight square meters
    (approximately 86 square feet).
        Authorities did not respond to a 2008 judgment of the European
    Court on Human Rights (ECHR) that declared conditions at Lukiskes
    Remand Prison and the Rasu Prison to be violations of the prohibition
    of inhuman or degrading treatment as defined by European Convention on
    Human Rights.
        During the year the parliamentary ombudsman received 865 complaints
    from prisoners, compared with 267 in 2009. Most complaints involved the
    failure of administrators to give proper attention to prisoners'
    grievances about such conditions as poor hygiene in prisons' visiting
    rooms and other premises; the practice of turning off the electricity
    during half of the day to save money; mistreatment by prison personnel;
    restrictions on such prisoners' rights as access to information; and
    inappropriate investigation of complaints. The ombudsman's
    investigators found 330 of these complaints to be justified and 456 to
    be groundless, while the remainder were judged to be outside the
    ombudsman's purview. During the year the ombudsman received, and
    dismissed as groundless, one allegation that working inmates received
    less than they were supposed to be paid.
        The CPT's 2009 report noted major shortcoming in conditions of
    police detention centers visited in Jonava, Rokiskis, Kupiskis,
    Siauliai, and Trakai. In some cases conditions in these facilities
    could be considered inhuman and degrading. At Siauliai city police
    headquarters, the delegation reported, the majority of cells were
    filthy and in a poor state of repair, there was little or no access to
    natural light, the available artificial lighting was dim, and
    ventilation was poor. The delegation observed that authorities at
    Siauliai city police headquarters held a juvenile detainee in a cell
    with two adults for more than a week.
        In their September 2009 response to the CPT's report, authorities
    acknowledged that only 10 of the country's 39 police detention centers
    were in good condition and that the others did not meet international
    standards. During the year authorities closed seven detention centers
    that were in dilapidated condition and allocated 50,000 litas ($19,000)
    for renovation of detention centers in the Vilnius and Svencionys
    regions. No information on any progress they made was available at
    year's end.
        Prisoners and detainees had reasonable access to visitors and were
    permitted religious observance. They were permitted to submit
    complaints to judicial authorities without censorship and to request
    investigation of credible allegations of inhuman conditions.
    Authorities generally investigated such allegations and documented the
    results in a publicly accessible manner.
        On April 24, in compliance with a 2006 ECHR ruling, the parliament
    amended the procedures for monitoring inmate correspondence to provide
    more specific guidelines.
        The Government permitted independent human rights observers and
    researchers to visit prisons. However, on June 30, the prosecutor
    denied a Human Rights Monitoring Institute representative's request for
    a meeting with terrorist suspect Egle Kusaite. In his response to the
    request, the prosecutor eliminated any possibility of meeting with the
    suspect and indicated that requests to meet with her ``were regarded as
    attempts to interfere with the prosecutors' professional activities and
    are directly prohibited by law.'' Representatives of the Office of the
    Parliamentary Ombudsman made six visits to prisons. Media
    representatives also visited prisons. A CPT delegation visited Kaunas
    Juvenile Remand Center and Correction Home on June 14-18. Neither the
    International Committee of the Red Cross nor other international or
    intergovernmental organizations visited the country's prisons during
    the year. The ombudsman office served prisoners by investigating their
    complaints and attempting to resolve them, usually through
    recommendations to detention institutions. The Ombudsman's Office
    reported that institutions were responsive to all of the ombudsman's
    interventions.
        During the year the Government allocated 7.0 million litas ($2.7
    million) to the renovation of the prison in Vilnius and two other
    facilities.

        d. Arbitrary Arrest or Detention.--The law prohibits arbitrary
    arrest and detention, and the Government generally observed these
    prohibitions; however, there were complaints of illegally prolonged
    pretrial detention. Civilian authorities maintained effective control
    over the State Security Department, the police, and the military
    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 Procedures and Treatment While in Detention.--Warrants are
    generally required for arrests and must be granted by judges upon the
    presentation of reliable evidence of criminal activity. Police may
    detain suspects for as long as 48 hours before charging them.
        Detainees have the right to be informed of the charges against
    them, and there were no complaints of failure to comply with this
    requirement. Bail was available and was widely used. Detainees were
    allowed prompt access to family members. The law provides the right to
    an attorney from the moment of detention and, if the detainee is
    indigent, to one provided at state expense; however, these rights were
    not always respected in practice. The law entitles a detained person to
    a prompt judicial determination of the legality of the detention, and
    authorities respected this right in practice.
        In its 2009 report, the CPT delegation noted that several detained
    persons it interviewed claimed they had been informed of their right to
    an attorney only when a ``protocol of apprehension'' was drawn up, i.e.
    several hours after they were detained. The CPT also found that most of
    the recipients of legal aid complained they had no contact with their
    state-appointed lawyers before their first interrogation or, at times,
    not until their first court hearing.
        The pretrial judge may order a suspect's detention for up to three
    months, but only in the case of persons suspected of a felony and only
    to prevent flight or the commission of new crimes, allow an unhindered
    investigation, or comply with extradition requests. In many cases
    detention may be extended to 18 months (12 months for juveniles),
    subject to appeal to a higher court. Such extensions were frequent. The
    law provides for civil liability for damage caused by the unlawful
    actions of investigating officials, prosecutors, judges, and courts. As
    of December the average length of pretrial detention was seven months
    and four days; approximately 10 percent of the incarcerated population
    consisted of pretrial detainees.

        e. Denial of Fair Public Trial.--The constitution provides for an
    independent judiciary, and the Government respected this provision in
    practice.

        Trial Procedures.--Defendants enjoy the presumption of innocence.
    The law provides for public trials; juries are not used. While
    defendants have the right to be present, the law permits trials in
    absentia when a defendant is outside the country. The law establishes
    the right to legal counsel for defendants from the time of their
    arrest. It provides for free legal counsel for indigent persons. During
    the year the human rights ombudsman received 12 complaints that
    authorities failed to provide such counsel. Defendants have the right
    to access government evidence, present evidence and witnesses, and
    confront and question witnesses against them. Defendants have the right
    to appeal. The law extends these rights to all citizens. Local human
    rights experts criticized the practice of trying persons in absentia,
    which, they contended, denied defendants the opportunity to cross-
    examine witnesses or present evidence in their own defense.

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

        Regional Human Rights Courts Decisions.--In the first nine months
    of the year, in cases involving six defendants, the ECHR found the
    Government to be in violation of the European Convention on Human
    Rights for unlawful and excessively lengthy detention and unfair
    proceedings. In 2009 the ECHR issued nine judgments that found at least
    one violation of the convention.
        On a number of occasions, the Government did not pay damages
    awarded by the ECHR within the period stipulated in the court's final
    judgments. As of year's end, the Government had not responded to a 2008
    ECHR decision that found one violation involving inhuman or degrading
    treatment of persons. The case concerned detention conditions at the
    Lukiskes Remand Prison and in the Rasu Prison (see section 1.c.).

        Civil Judicial Procedures and Remedies.--There is an independent
    and impartial judiciary in civil matters. Plaintiffs may sue for legal
    or injunctive relief based on human rights violations. Apart from
    redress within the court system, victims of human rights abuses may
    appeal to the parliamentary ombudsman for a determination regarding the
    merits of their claims. Although the ombudsman may only make
    recommendations to the offending institution, his findings are honored
    in practice.

        Property Restitution.--The law places significant restrictions on
    claims for communal property, and as a result the Jewish community has
    regained only a fraction of the communal property owned by the
    country's prewar Jewish population of more than 200,000. Fewer than 30
    properties have been returned to the Jewish community under the law,
    which applies only to the restitution of religious properties.

        f. Arbitrary Interference With Privacy, Family, Home, or
    Correspondence.--The constitution prohibits arbitrary interference in
    an individual's personal correspondence or private and family life;
    however, there were reports that the Government did not respect these
    prohibitions in practice.
        The law requires authorities to obtain a judge's authorization
    before searching an individual's premises and prohibits the
    indiscriminate monitoring of citizens' correspondence or
    communications. However, domestic human rights groups alleged that the
    Government did not properly enforce the law. During the year the State
    Data Protection Inspectorate investigated 270 allegations of arbitrary
    interference with privacy by government officials and companies,
    compared with 201 in 2009. Most complaints involved individuals'
    assertions that government agencies and companies were collecting or
    using their personal data, such as personal identity numbers, without a
    legal basis or justification. For example, companies allegedly released
    e-mail information to other companies for marketing purposes or to
    enable officials of professional databases to obtain personal
    information on individuals. During the same period, the inspectorate
    conducted 80 preventive, not complaint-driven, investigations of
    enterprises and government agencies, compared with 165 such audits in
    2009.
    Section 2. Respect for Civil Liberties, Including:
        a. Freedom of Speech and Press.--The constitution provides for
    freedom of speech and of the press, and the Government generally
    respected these rights in practice.
        Individuals could criticize the Government publicly or privately
    without reprisal, and the Government did not attempt to impede
    criticism. Independent media were active and expressed a wide variety
    of views. Radio and television broadcasters included a mix of
    independent and public stations. International media generally operated
    without restriction.
        During the year the Prosecutor's Office opened 168 investigations
    of incitement to hatred (most of them over the Internet). In the same
    period the Prosecutor's Office forwarded 24 cases to the courts for
    trial, of which courts completed 14 and convicted six persons, imposing
    fines of 260 to 3,250 litas ($100 to $1,248). Another 21 investigations
    (including some from previous years) were terminated during the year
    for lack of evidence. A number of investigations and court cases
    (including some from previous years) were ongoing. Most of the
    allegations of incitement to hatred involved homophobic (148
    investigations out of 168), racist, or anti-Semitic expression.
        In February four young men carried posters with swastikas during an
    Independence Day parade in Klaipeda; they were subsequently charged
    with violating laws against the display of Nazi-related symbols. The
    defendants argued in court that the swastikas were not Nazi symbols but
    representations of items found in the country prior to the rise of the
    Hitler regime in Germany. On May 19, the court ruled that, since the
    image of the swastika was the sign of the sun in ancient times, as
    evidenced by archaeological artifacts and monuments, it was not
    forbidden. The 2008 law prohibiting the distribution or display in
    public gatherings of Soviet- or Nazi-related symbols led to a 2008
    court ruling that fined a woman in Vilnius 500 litas ($192) for selling
    souvenirs containing Soviet symbols. In March 2009 the parliament
    amended the law to safeguard other salesmen from such fines in the
    future. The amended law permits the ``collection and trade of antique
    and flea market items,'' that contain Soviet and Nazi symbols, as well
    as their use in museums and for purposes of education, science, and the
    arts. There would no longer be punishment for persons using the
    official symbols of an existing state or the wearing the uniforms worn
    by participants in World War II.
        In March legislation protecting minors took effect that prohibited
    the dissemination of information promoting a broad range of activities.
    In addition to prohibiting information that promotes bad eating and bad
    hygiene, lack of physical exercise, and certain forms of hypnosis, the
    law prohibits material that is erotic, promotes sexual intercourse,
    arouses fear or horror, or encourages gambling or participation in the
    games of chance, lotteries, and other games that imply that they are
    easy to win. The law prohibits material ``detrimental'' to minors'
    bodies or thought processes, information promoting the sexual abuse and
    harassment of minors, or promoting sexual relations by minors or sexual
    relations in general. The legislation specifically stated that the
    prohibitions were to apply to motion pictures and Web sites. The
    version of the law that came into effect in March had been amended from
    an earlier version (passed but not implemented) that would have banned
    all public information that agitates for homosexual, bisexual and
    polygamous relations; the implemented legislation refers to sexual
    intercourse in general. Authorities did not use the law to prevent the
    Baltic Gay Pride March, which took place in May, nor were there any
    reports of prosecutions under the new law.
        It is illegal to disseminate information that is both untrue and
    damaging to an individual's honor and dignity. Libel is punishable by a
    fine or imprisonment of up to one year, or up to two years for libelous
    material that is disseminated through the mass media. No cases were
    reported during the year.

        Internet Freedom.--There were no government restrictions on access
    to the Internet or reports that the Government monitored e-mail or
    Internet chat rooms. Individuals and groups could generally engage in
    the peaceful expression of views via the Internet, including by e-mail;
    however, authorities prosecuted persons posting material deemed to be
    inciting hatred.
        According to the Department of Statistics, 60 percent of the
    country's residents between the ages of 16 and 74 had access to the
    Internet in the first quarter of the year, an increase from 58 percent
    in the same period in 2009.

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

        b. Freedom of Peaceful Assembly and Association.--Freedom of
    Assembly.--The law and constitution provide for the right to assemble
    peacefully, and the Government generally respected this right in
    practice for most groups; however, in the past the Government denied
    assembly permits to certain groups. There were no reports of such
    denials during the year, but a group of professional unions was
    reportedly denied a permit to assemble in the center of the capital for
    a protest and offered alternative venues far from the city center. This
    led the organizers to abandon their planned demonstration.
        On May 8, a long-planned Baltic Pride parade by members of the
    lesbian, gay, bisexual, and transgender community took place. A court
    briefly prohibited the parade at the request of the Office of the
    Prosecutor, which claimed that it might be impossible to maintain
    order. However, police maintained that they were prepared to protect
    the gay participants and a higher court overturned the prohibition just
    one day before the parade was scheduled to begin (see section 6,
    Discrimination and Acts of Violence Based on Sexual Orientation and
    Gender Identity).
        In March 2009 Vilnius officials refused to issue a permit to the
    Human Rights Monitoring Institute (HRMI) and the Center for Equality
    Advancement (CEA) to hold a rally and march in support of democracy,
    human rights, and tolerance on March 11, the country's Independence
    Day. However, municipal officials issued a certificate for a march,
    scheduled the same day, organized by the Lithuanian National Center, a
    group that espoused and demonstrated intolerance toward other racial,
    ethnic, and religious groups; claimed that human rights and antifascism
    were examples of extremism; and openly sympathized with neo-Nazi
    groups. Local human rights organizations appealed to the Vilnius First
    District Court, claiming that the denial of a rally permit to HRMI and
    CEA was discriminatory. In September 2009 the court dismissed the
    complaint on the grounds that the police would not have been able to
    preserve public order if the two events had taken place on the same
    day.

        Freedom of Association.--The law provides for freedom of
    association, and the Government generally respected this right in
    practice; however, the Government continued to prohibit the Communist
    Party and other organizations associated with the Soviet period.

        c. Freedom of Religion.--For a description of religious freedom,
    please see the 2010 International Religious Freedom Report at
    www.state.gov/g/drl/irf/rpt.

        d. Freedom of Movement, Internally Displaced Persons, Protection of
    Refugees, and Stateless Persons.--The constitution and law provide for
    freedom of movement within the country, foreign travel, emigration, and
    repatriation, and the Government generally respected these rights in
    practice. The Government cooperated with the Office of the UN High
    Commissioner for Refugees (UNHCR) and other humanitarian organizations
    in providing protection and assistance to refugees, asylum seekers,
    returning refugees, stateless persons, and other persons of concern.
        The law prohibits forced exile, and the Government did not employ
    it.

        Protection of Refugees.--The laws provide for the granting of
    asylum or refugee status, and the Government has established a system
    for providing protection to refugees. The Government provided
    protection against the expulsion or return of refugees to countries
    where their lives or freedom would be threatened on account of their
    race, religion, nationality, membership in a particular social group,
    or political opinion.
        Authorities did not permit asylum seekers coming from ``safe''
    countries of transit to enter the country; they returned them to the
    country of transit without reviewing the substantive merits of their
    applications. According to the Migration Department, authorities did
    not have a list of safe countries but defined such countries as ones in
    which the person's life or liberty would not be threatened on account
    of membership in one of the categories specified in the 1951 Convention
    relating to the Status of Refugees and its 1967 Protocol and from which
    the individual would not be sent to another country in contravention of
    his rights under these agreements.
        There were two additional forms of protection in addition to
    asylum. ``Temporary protection'' may be granted to groups of persons in
    the event of a mass influx of aliens, but an individual alien has no
    right to apply for this protection. No grants of temporary protection
    were issued during the year. The Government may also afford
    ``subsidiary protection'' to individuals who do not qualify as refugees
    but who cannot return to their countries of origin because of fear of
    torture or because inhuman treatment, violence or military conflict, or
    systematic violations of human rights in that country would endanger
    their basic rights or fundamental freedoms. In the first six months of
    the year, the Government granted subsidiary protection to 71 persons.

        Stateless Persons.--Citizenship can be acquired either by birth on
    the country's territory or from one's parents.
        According to UNHCR statistics, there were approximately 3,902
    stateless persons in the country at the end of 2009, a decline from
    5,900 at the beginning of the year. According to the director of the
    Migration Department, virtually all stateless persons were persons who
    had been in the country at the time of the dissolution of the Soviet
    Union but did not take advantage of their right to qualify for
    citizenship.
        The law permits the naturalization of an individual who has lived
    in the country for at least 10 years, has an unlimited residence
    permit, passes an official language test and an examination on the
    basic provisions of the constitution, takes an oath of allegiance, and
    is able to defray his living costs.
    Section 3. Respect for Political Rights: The Right of Citizens to
            Change Their Government
        The constitution provides citizens the right to change their
    government peacefully, and citizens exercised this right in practice
    through periodic, free, and fair elections held on the basis of
    universal suffrage.

        Elections and Political Participation.--Presidential elections held
    in May 2009 were considered free and fair, as were parliamentary
    elections held in 2008. The 2009 elections resulted in the election of
    Dalia Grybauskaite, former European budget commissioner and former
    minister of finance, as the country's first female president.
        The Government continued to ban the Communist Party; other
    political parties could operate without restriction or outside
    interference.
        On June 30, the parliament enacted a law allowing citizens to run
    for municipal councils without being on party lists. The law was
    necessitated by a 2007 Constitutional Court ruling that a provision of
    municipal election law denying individuals the right to seek election
    in municipal elections was unconstitutional.
        At year's end the president of the republic was a woman. There were
    26 women in the 141-seat parliament and two in the 15-member cabinet of
    ministers. The speaker of the parliament was a woman. Women accounted
    for 5 percent of mayors, 21 percent of municipal council members, and 5
    percent of local administration directors.
        Three persons belonging to ethnic minorities served in parliament,
    but there were none in the cabinet of ministers.
    Section 4. Official Corruption and Government Transparency
        The law provides criminal penalties for official corruption;
    however, the Government often did not implement the law effectively,
    and corruption was a problem. Although courts convicted and punished
    some officials for corruption, the penalties were usually light, and
    many investigations did not result in conviction. The World Bank's
    worldwide governance indicators reflected that corruption was a
    problem. Corruption in the police force remained a problem.
        During the year a number of active and former government officials
    were under investigation, facing trial, or convicted and sentenced for
    corruption. On February 5, former vice minister for health Arturas
    Skikas was sentenced to two years probation. In May the courts began to
    examine the results of a Special Investigation Service investigation of
    the mayor, deputy mayor, and head of administration of the Trakai
    municipality who were suspected of receiving bribes of 200,000 litas
    ($76,800) in connection with the development of a shopping and
    entertainment center. The officials were dismissed from their posts
    pending the outcome of the investigation. The case reached court in May
    and was pending at year's end.
        An investigation continued of former parliamentary speaker Viktoras
    Muntianas, who resigned his post in 2008 amid allegations that he
    bribed a deputy governor of Kaunas County to obtain assistance with a
    relative's business.
        The law provides for public access to government information, and
    government institutions generally provided access in practice. During
    the year the parliamentary ombudsman received 78 complaints of delays
    by government offices in providing information and found 50 of them to
    be valid. The ombudsman recommended disciplinary action against the
    officials involved. Although the ombudsman's recommendations were not
    binding, the Ombudsman's Office reported that the Government offices
    concerned took disciplinary action in all of the cases forwarded to
    them by the ombudsman.
    Section 5. Governmental Attitude Regarding International and
            Nongovernmental Investigation of Alleged Violations of Human
            Rights
        A number of domestic and international human rights groups
    generally operated without government restriction, investigating and
    publishing their findings on human rights cases. Government officials
    were cooperative and responsive to their views.
        The Office of the Equal Opportunities Ombudsman is an independent
    public institution with responsibility for implementing and enforcing
    rights under the Law of Equal Treatment and for investigating
    individual complaints. A Children's Rights Ombudsman Institution
    oversees observance of children's rights and their legal interests and
    may initiate investigations of a possible violation of children's
    rights upon receipt of a complaint or on its own initiative. A
    parliamentary ombudsman investigates complaints about abuse of office
    or other violations of human rights and freedoms in the sphere of
    public administration. The ombudsmen institutions received government
    funding but maintained they could be more adequately funded (the
    Government has cut funding across the board due to a prolonged economic
    crisis). The ombudsman for children's rights resigned in April after
    receiving criticism for ineffective work related to a widely discussed
    and unsolved case of suspected pedophilia.
        The human rights committee of the parliament prepares and reviews
    draft laws and other legal acts related to civil rights and presents
    recommendations to state institutions and other organizations about
    problems related to the protection of civil rights. It also has
    oversight over the Office of the Parliamentary Ombudsman.
    Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
        The law prohibits and penalizes discrimination based on race,
    gender, social status, ethnic background, age, sexual orientation,
    disability, and religion or beliefs. Despite government programs and
    efforts at enforcement, discrimination against women and ethnic and
    sexual minorities persisted.

        Women.--The law criminalizes rape, including spousal rape.
    Convicted rapists generally received three- to-five-year prison
    sentences. During the year, 208 rapes were reported, compared with 144
    in 2009. Societal violence against women, particularly alcohol-related
    domestic violence, remained a serious problem. There is no law
    specifically prohibiting domestic violence or violence against women;
    however, authorities prosecuted domestic violence under general assault
    laws. To initiate an investigation into cases of domestic abuse, the
    victim must file a complaint. Surveys showed that 56 percent of
    divorced women and 15 percent of married women had suffered domestic
    violence. During the year, according to the Ministry of Interior, 88
    women reported abuse by their spouses and 35 by their children. Also
    during the year, police registered 992 violent acts against women and
    initiated 1,484 pretrial investigations. Fines were imposed on 1,473
    persons.
        Municipal governments and NGOs funded and operated 39 shelters that
    provided assistance to victims of domestic violence. The Government
    fully funds two shelters. One of them, the Shelter for Children and
    Mothers in Vilnius, provided assistance to more than 90 victims of
    domestic violence, forced prostitution, and human trafficking during
    the year.
        The law prohibits sexual harassment; however, according to the
    Ombudsman's Office, approximately 20 percent of women had experienced
    sexual harassment. Women remained reluctant to approach police or other
    institutions in such cases. During the year the equal opportunities
    ombudsman received two complaints of sexual harassment.
        The Government recognized the basic right of couples and
    individuals to decide freely and responsibly the number, spacing, and
    timing of their children. Health clinics and local NGOs are permitted
    to operate freely in disseminating information on family planning under
    the guidance of the Ministry of Public Health. There were no
    restrictions on access to contraceptives. According to United Nations
    data and the Kaunas Institute of Medicine, 47 percent of women used
    contraceptive measures. The Government provided free childbirth
    services. Women have access to regular prenatal care, essential
    obstetric care, and postpartum care. A joint study published during the
    year by the World Health Organization, the UN Population Fund, the UN
    Children's Fund (UNICEF), and the World Bank estimated the maternal
    mortality rate at 13 deaths per 1,000 live births in 2008, and the
    lifetime risk of maternal death (the risk that a woman aged 15 will die
    from maternal causes) was one in 5,800. Men and women received equal
    access to diagnosis and treatment for sexually transmitted infections,
    including HIV.
        Men and women have the same legal rights in the judicial system,
    including in family and property law. Women nevertheless continued to
    face discrimination. Government policy requires equal pay for equal
    work; however, women often earned less than their male counterparts. In
    2009 women earned an average of 83 percent of what men earned in
    comparable jobs; the figure was 81 percent in the public sector. Women
    were significantly underrepresented at the managerial level. The Office
    of the Equal Opportunities Ombudsman is the Governmental institution
    that promotes the legal rights of women and men.

        Children.--Citizenship can be acquired either by birth in the
    country or from one's parents. The Government registers all births
    immediately. Child abuse, particularly in connection with parental
    alcohol abuse, continued to be a problem. According to the Department
    of Statistics, in 2009 approximately 24,200 children lived in 11,100
    abusive or dysfunctional families. Media sources reported that
    incidents of cruelty to children, including sexual abuse, intentional
    starvation, and beatings, were common. According to the Ministry of
    Interior, six deaths from child abuse were reported during the year.
    The children's rights ombudsman reported 344 complaints during the
    year, compared with 407 in 2009 and 382 in 2008; his office initiated
    84 investigations of alleged abuse during the year, compared with 297
    in 2009.
        The penalty for violence or cruelty toward minors is one to two
    years in prison. Authorities may also remove abused children from their
    families and place them in foster care. Despite efforts to combat child
    abuse and aid abused children, the ombudsman reported that insufficient
    assistance was provided. During the year the Child Line (a hotline for
    children and youth) received 95,715 calls and responded to 1,400
    letters from children concerning problems ranging from relations with
    their parents and friends to violence in their families and sexual
    abuse.
        On July 2, the parliament amended the criminal code to tighten
    penalties for child molestation and to raise the age of consent for
    consensual intercourse to 16. The amended code increased maximum prison
    terms for persons convicted of child molestation from two to five
    years.
        The law provides for up to 13 years in prison for sexual abuse of a
    child; however, sexual abuse of children remained a problem. In the
    first eight months of the year, the Interior Ministry registered 12
    cases of child sexual abuse (excluding child rape), compared with 48
    cases throughout 2009. The Government operated a children's
    rehabilitation center to provide special care for sexually abused
    children.
        Laws against child pornography were enforced. Anyone involving a
    child in pornographic events or using a child in the production of
    pornographic material can be imprisoned for up to five years. During
    the year, the children's rights ombudsman received nine complaints of,
    and initiated nine investigations into, the sexual exploitation of
    children. No data were available about convictions during the year.
        According to the ombudsman for children's rights, there were
    reports of 202 children living on the streets in 2008; 27 children were
    found begging in public areas. Street children were widely scattered
    among the country's cities. Most were runaways or from dysfunctional
    families. There were a number of free, government-sponsored programs to
    assist them. Sixty children's rights protection agencies administered
    by regional governments, other institutions, and numerous NGOs,
    routinely assisted vulnerable children.
        There were 105 orphanages and 32 foster homes. Orphanages still
    housed the vast majority of orphans and other children in need of care.
    During the year, the children's rights ombudsman initiated 15
    investigations of possible violations of children's rights in
    orphanages and one in a foster home.
        In 2008 the CPT visited the Kaunas Juvenile Remand Center and
    Correction Home. In its report on the visit, the CPT noted that as long
    ago as 2004, it had described conditions for juveniles in the remand
    prisoners area, including unsanitary and dilapidated physical
    conditions and the absence of any program of activities, as being
    ``totally unacceptable'' and urgently recommended that authorities take
    remedial actions. However, despite government assurances that such
    steps were being taken, the CPT found during its 2008 visit that
    conditions under which juveniles were being held at Kaunas, ``in some
    cases for lengthy periods,'' remained unacceptable. In its 2009
    response to the report, the Government indicated that improvements in
    the Kaunas facility continued, detainees were taught in classes, and
    seven additional social workers had been hired. Funds were allocated
    and a construction schedule agreed upon for further physical
    improvements. In June the CPT made a follow-up visit to the Kaunas
    Juvenile Remand Center and Correction Home; a report on its
    observations had not been released as of year's end.
        The country is a party to the 1980 Hague Convention on the Civil
    Aspects of International Child Abduction. For information on
    international parental child abduction, please see the Department of
    State's annual report on compliance at http://travel.state.gov/
    abduction/resources/congressreport/congressreport--4308.html.

        Anti-Semitism.--The Jewish community consists of approximately
    4,000 persons. No violent anti-Semitic attacks against individuals were
    reported during the year; however, anti-Semitism was widely manifested
    on Lithuanian-origin Internet sites and foreign sites in the Lithuanian
    language. The number of reports of vandalism of Jewish and other
    cemeteries, anti-Semitic activities, and other manifestations of
    intolerance declined during the year. However, anti-Semitic and racial
    comments on the Internet remained widespread.
        In January, according to the Anti-Defamation League, a statue of
    Dr. Tsemakh Shabad, a leading Jewish political figure of the early 20th
    century, was defaced with paint. On June 22, the Avenue of Rescuers, a
    path leading to a Holocaust memorial, was vandalized in Kausenai.
    Plaques were smashed, torn off their stands, covered in mud, and
    scattered about; the stands were broken and pulled out of the ground.
    On August 23, a pig's head, adorned with a black hat and makeshift
    hasidic style earlocks, was placed at the entrance to a synagogue
    during the service in Kaunas city. An investigation was initiated, and
    a government statement described Prime Minister Andrius Kubilius as
    welcoming the investigation of ``the anti-Semitic provocation'' in
    Kaunas and hoping it would lead to the punishment of the perpetrators.
    On September 3, a sign on the Jewish community's building in Panevezys
    town was vandalized and covered in black paint. There were no reports
    that authorities had apprehended suspects in connection with these
    incidents.
        There were no reports that suspects had been apprehended in the
    August 2009 vandalism of a Jewish cemetery in the Klaipeda region or in
    the 2008 vandalizing of a Holocaust memorial near the village of
    Pluskiai in the Kelme Region.
        In November a number of foreign ambassadors sent a letter to senior
    government officials formally expressing their dissatisfaction over
    what they described as manifestations of anti-Semitism. The letter
    followed the publication in the weekly magazine Veidas of an article on
    the Nuremburg trials by a historian, Petras Stankeras, who was also an
    employee of the Ministry of Internal Affairs. The author described the
    Holocaust as a legend without documentary substantiation of the killing
    of six million Jews during the Holocaust. The ambassadors stated the
    article amounted to Holocaust denial. Following criticism from the
    minister of internal affairs, on November 25, Stankeras resigned.
    Subsequently, the Prosecutor's office opened an investigation into
    possible violation of the country's legislation that prohibits
    deprecation of the Holocaust.
        In August local and foreign governments, together with descendents
    of Holocaust survivors, erected a new memorial and restored a site in
    Uzventis where massacres were committed in World War II. The city's
    university has begun efforts to raise awareness and recognition of
    Lithuanian-Jewish history and to improve education about the Holocaust.
        On October 20, the Vilnius city government announced that it had
    begun restoration of the historic Snipiskes Jewish cemetery site in
    central Vilnius, a source of concern since new construction began on
    and near the site in 2005. On October 25, under rabbinical supervision,
    two parking lots on the site were closed and covered with dirt to allow
    grass seed to be planted in the spring. In May 2009 the Government
    unilaterally provided protection for nearly the entire cemetery site,
    and in August 2009 it agreed with the Jewish communities and the
    developer to preserve and protect it.

        Trafficking in Persons.--For information on trafficking in persons,
    please see the Department of State's annual Trafficking in Persons
    Report at www.state.gov/g/tip.

        Persons With Disabilities.--The Law on Equal Treatment prohibits
    discrimination against persons with disabilities, although it does not
    specify what kind of disabilities. During the year, the equal
    opportunities ombudsman investigated 22 cases of alleged discrimination
    based on disability. The law mandates accessibility of buildings for
    persons with disabilities; however, according to 2009 data from the
    Department of Statistics, 38.2 percent of housing was inaccessible.
        Individuals involuntarily declared incapacitated have no right to
    appeal the decision in court.
        The mental health system was widely regarded as inadequate. In 2007
    the Government approved a National Strategy for Mental Health; however
    this area remained among the least reformed areas in the health sector.
        The Ministry of Social Security and Labor and the Council for the
    Affairs of the Disabled are the two primary governmental organizations
    responsible for developing equal opportunities in the labor market and
    improving government effectiveness in meeting the needs of and
    augmenting the social security net for persons with disabilities. The
    Ministry of Health is responsible for making health services equally
    accessible to all inhabitants of the country.

        National/Racial/Ethnic Minorities.--The law prohibits
    discrimination against ethnic or national minorities; however,
    intolerance and societal discrimination persisted. Minority ethnic
    groups, including Russians, Poles, Belarusians, Ukrainians, Tatars, and
    Karaites, constituted approximately 16.5 percent of the population.
        During the year the Prosecutor's Office initiated 20 investigations
    of alleged discrimination or incitement to racial or ethnic hatred
    (most of the instances investigated involved the Internet), compared
    with 39 during 2009 and 84 in 2008.
        There were no reports of racially motivated violence during the
    year.
        On March 2, the Supreme Court rejected Violeta Iljinych's appeal
    against her May 2009 conviction for participation in a 2008 assault on
    a South African singer of Indian descent.
        The small Romani community (approximately 3,000 persons) continued
    to experience problems, including discrimination in access to such
    services as education, housing, and health care; in employment; and in
    relations with police. However, there were no official charges of
    police abuse. The Romani unemployment rate continued to be more than 90
    percent, and fewer than 5 percent of the Romani population had
    permanent, full-time jobs. Minority advocates continued to criticize
    the Vilnius city government for focusing on law enforcement in the
    Romani community but doing little to integrate Roma into the broader
    community.
        On September 23, the Supreme Administrative Court, in response to a
    lawsuit brought by the Vilnius Roma community, ordered the Vilnius
    Municipality to pay nonmaterial damages of 55,000 litas ($21,000) in
    compensation for the destruction of their housing in 2004. The court
    ruled that Vilnius City Council was responsible for the illegal
    demolition of Roma houses.
        In September 2009 Valdemar Tomasevski, the representative in the
    European Parliament of the organization Lithuanian Polish Electoral
    Action, complained to European Commission President Barroso about
    alleged discrimination against the Polish minority. Tomasevski claimed
    that Poles were not allowed to conduct official business in Polish,
    even in settlements with as many as 80 percent Polish-speaking
    inhabitants, and could not have street signs in their language. He
    asserted that the country's laws regulating the use of language in
    public life were contradictory and conflicted with EU law and
    international conventions.
        A 2007 study by the EU Agency for Fundamental Rights concluded that
    governmental responses to ethnic discrimination were ineffective and
    that insufficient attention was given to the problem. According to the
    agency's research, the law provides ways for victims to complain about
    ethnic discrimination, but penalties usually applied in such cases were
    insufficient, and victims received insufficient or no compensation. In
    April 2009 the Government approved a new National Antidiscrimination
    Program for 2009-11; no funds were allocated for it in 2009, but 33,000
    litas ($12,680) were allocated for 2010 and 103,000 litas ($39,570) for
    2011.

        Societal Abuses, Discrimination, and Acts of Violence Based on
    Sexual Orientation and Gender Identity.--While homosexual acts are not
    illegal and there was no official discrimination against lesbian, gay,
    bisexual or transgender (LGBT) persons, society's attitude towards
    homosexuality remained negative. NGOs focusing on LGBT problems faced
    no legal impediments, but the few that functioned kept a low profile
    because of public hostility to their aims. The Lithuanian Gay League
    (LGL) continued to promote an inclusive social environment for LGBT
    persons.
        During the year the Prosecutor's Office opened 148 investigations
    of incitement to hatred, most of them over the Internet, against gays
    and lesbians.
        Domestic human rights organizations and members of the LGBT
    community reported that discrimination and the persistent social
    exclusion of LGBT persons were problems. The first Gay Pride march to
    be held in Vilnius took place on May 8, with participants from all of
    the Baltic countries. It attracted approximately 600 participants. The
    event took place only after the Supreme Administrative Court overturned
    at the last minute a lower court decision to suspend the parade's
    license. In 2009 the Vilnius municipality refused NGOs that supported
    gay rights and other human rights the permission to organize a
    tolerance march on Independence Day. The NGOs appealed to a court,
    which upheld the refusal in November 2009.
        Approximately 500 police were stationed along the parade route to
    protect the marchers from a crowd of around 1,000 persons protesting
    the parade. The protesters, led by two parliamentarians, were kept at a
    distance by a wall of barriers that had been erected around the parade
    route, but that did not prevent them from shouting antigay epithets.
    Police reportedly fired teargas into protesters who attempted to jump
    the barriers; the protesters retaliated by throwing stones and
    improvised smoke bombs as well as broken street signs. Authorities
    temporarily detained 18 persons. Prosecutors sought the lifting of
    immunity from the two parliamentarians involved in the protest, but the
    parliament later voted against lifting their immunity.
        In July 2009 the Seimas adopted, over the president's veto, legal
    provisions ``protecting'' minors from exposure to certain public
    information; many human rights proponents criticized the legislation on
    the grounds that it discriminated against gays and lesbians. In
    December 2009 the law was further amended in response to those
    objections, and the amended law took effect in March 2010. However,
    some human rights activists remained skeptical of its possible use (see
    section 2.a.). Antigay activists cited the law to justify their
    (unsuccessful) effort to prevent the May 8 Baltic Pride march in
    Vilnius.

        Other Societal Violence or Discrimination.--There were no reports
    of discrimination against persons with HIV/AIDs.
        During the year the equal opportunity ombudsman investigated 25
    cases of age discrimination, compared with 21 in 2009. Most complaints
    concerned discrimination in obtaining employment, insurance, loans, or
    leases.
    Section 7. Worker Rights

        a. The Right of Association.--The law allows workers, including
    members of the police and armed forces, to form and join independent
    unions of their choice without previous authorization or excessive
    requirements, and workers exercised this right in practice.
        The law provides for the right to strike, except for government
    employees involved in law enforcement or other security-related
    activities; however, labor code procedures made it difficult for some
    to exercise this right. The law provides that only a union or a union's
    strike committee may call a strike, leaving nonunion employees unable
    to legally call a strike. However, in June 2009 the labor code was
    amended to relax strike ballot rules. A strike may be called if
    approved by half of the employees of a unit or enterprise in a secret
    ballot.

        b. The Right to Organize and Bargain Collectively.--The law
    protects collective bargaining for all workers except government
    employees involved in law enforcement and other security-related work.
    A Tripartite Council, consisting of representatives of labor, business,
    and government, estimated that between 5 and 25 percent of workers were
    covered under collective bargaining agreements.
        The law prohibits employer discrimination against union organizers
    and members; however, this prohibition was often ineffective in
    practice, and there were reports that employees were punished for
    attempting to organize. For example, in May a doctor, who was also a
    chairman of the professional unions of one of the medical polyclinics
    in Vilnius, was dismissed without warning or explanation, according to
    the Lithuanian Professional Unions. According to the International
    Trade Union Confederation, the judicial system was slow to respond to
    cases of unfair dismissal, and no employer has ever faced the penal
    sanctions foreseen by law for antiunion discrimination. There are no
    labor courts or judges who specialize in labor disputes. Some large
    retail stores hired short-term contract labor and sometimes did not
    renew the contracts of union members.
        Managers often determined wages without regard to union
    preferences, except in large factories with well-organized unions. The
    Government periodically issued guidelines for state enterprise
    management in setting wage scales.
        There are no special laws or exemptions from regular labor laws in
    export processing zones.

        c. Prohibition of Forced or Compulsory Labor.--The law prohibits
    forced or compulsory labor; however, such labor existed. Please see the
    Department of State's annual Trafficking in Persons Report at
    www.state.gov/g/tip.

        d. Prohibition of Child Labor and Minimum Age for Employment.--The
    law prohibits exploitation of children in the workplace, and the
    Government generally enforced these prohibitions effectively; however,
    statistics from 2009 indicated that 8 percent of children working did
    so illegally, mostly in the agricultural sector, where children
    sometimes received unlawfully low compensation. There were reports that
    children 15 to 17 years old were trafficked for commercial sexual
    exploitation. Also, see the Department of State's annual Trafficking in
    Persons Report at www.state.gov/g/tip.
        The law sets the minimum employment age at 16 but allows the
    employment of persons as young as 14 years old for light labor with the
    written consent of the child's parents and school. The law mandates
    reduced work hours for children, allowing up to two hours per day or 12
    hours per week during the school year and up to seven hours per day or
    32 hours per week when school is not in session. Young persons under
    the age of 18 are subject to additional restrictions, including a
    prohibition on night work.
        The State Labor Inspectorate is responsible for receiving
    complaints related to employment of persons under 18. During the year
    the inspectorate identified 11 cases of illegal child labor, mainly in
    agriculture and catering sectors. Schools administered specific
    programs tied to labor safety.

        e. Acceptable Conditions of Work.--The legal minimum wage of 800
    litas ($307) per month did not provide a decent standard of living for
    a worker and family. The law provides that the maximum time worked in
    any seven-day period, including overtime, may not exceed 40 hours for
    white-collar work and 48 hours for blue-collar work. Overtime is
    allowed only in cases stipulated by law, and both overtime and night
    work must be compensated by at least one-and-a-half times the hourly
    wage. The labor laws apply to both local and foreign workers.
        The State Labor Inspectorate is responsible for implementing labor
    laws. In the first six months of the year, it reported conducting
    nearly 7,000 company inspections. The most numerous abuses it found
    related to wage arrears, illegal employment, violation of labor
    contracts, faulty accounting for time off and hours worked, inadequate
    worker safety, and unsatisfactory investigation of accidents. Training
    provided by the State Labor Inspectorate helped reduce the scope of
    some of these abuses during the year. Workers dissatisfied with the
    result of an investigation could appeal to the court system.
        The law gives workers the right to safe and healthy working
    conditions, and this provision was generally enforced. During the year
    the Government recorded 51 fatal accidents at work, compared with 49
    during 2009. These occurred mostly in construction work. To address the
    problem the State Labor Inspectorate provided training, various
    prevention materials, and best practice examples to construction
    companies. Workers have the legal right to remove themselves from
    dangerous work environments without jeopardizing their continued
    employment and did so in practice.

                                   __________

                                   LUXEMBOURG

        The Grand Duchy of Luxembourg, with a population of approximately
    500,000, is a constitutional monarchy with a democratic, parliamentary
    form of government. The role of the grand duke is mainly ceremonial and
    administrative. Legislative authority is vested in the unicameral
    Chamber of Deputies. The prime minister is the leader of the dominant
    party in the popularly elected parliament. In June 2009 the country
    held parliamentary elections that were considered free and fair.
    Security forces reported to civilian authorities.
        Some overcrowding and instances of substandard prison conditions
    were reported. There were some cases of domestic violence and
    allegations of human trafficking, primarily of women for sexual
    exploitation.
                            respect for human rights
    Section 1. Respect for the Integrity of the Person, Including Freedom
            From:

        a. Arbitrary or Unlawful Deprivation of Life.--There were no
    reports that the Government or its agents committed arbitrary or
    unlawful killings.

        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 monitoring visits by independent human rights
    observers. On October 28, the Council of Europe's Committee for the
    Prevention of Torture (CPT) released a report on the April 2009 CPT
    delegation visit to examine safeguards afforded persons deprived of
    their liberty by the police and review conditions at the Schrassig
    Prison, the State Socio-Educational Center at Dreiborn, and the
    Neuropsychiatric hospital at Ettelbruck. The CPT was critical of a
    number of issues within the police and judicial authority, namely the
    lack of mattresses in cells reserved for the intoxicated, the use of
    solitary confinement as a disciplinary measure, and the ``caging'' of
    suspects before interrogation, a process in which detainees were left
    in a room with floor-to-ceiling bars until questioned. Other CPT
    recommendations included an hour of outdoor exercise each day for
    detainees at the State Socio-Educational Center at Dreiborn, improved
    access to a dentist for all detainees, and better monitoring of cells
    at the security facilities.
        According to press reports, overcrowding in the country's Schrassig
    Prison remained a problem. Legislation adopted in 2007 appropriated
    funding for the construction of a detention center for refused asylum
    seekers to relieve prison overcrowding. The capacity of the prison is
    598, and the population is 616 detainees. Construction of the new
    facility is underway, with an estimated completion date in 2011.
    Refused asylum seekers are imprisoned if they fail to depart the
    country voluntarily within a specified time period. They may be
    imprisoned for a maximum of four months while arrangements are made to
    deport them.
        Three deaths occurred in Schrassig Prison during the year. On April
    11, a 25-year-old detainee was found dead in his bed. On June 11, a
    female detainee was found dead in her cell. On June 30, one detainee
    died a natural death after a long illness. The Government is
    investigating the first two cases.
        In an answer to a parliamentary question, Justice Minister Biltgen
    announced that 288 grams of drugs were seized in Schrassig Prison
    between March 2009 and August 2010.

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

        Role of the Police and Security Apparatus.--Civilian authorities
    maintained effective control over the Grand Ducal Police and the
    judiciary police, and the Government has effective mechanisms to
    investigate and punish abuse and corruption. There were no reports of
    impunity involving the security forces during the year.

        Arrest Procedures and Treatment While in Detention.--Warrants
    issued by a duly authorized official are required for arrests in most
    cases. Within 24 hours of arrest, police must inform detainees of
    charges against them and bring them before a judge for determination of
    the detention's legality. There is a functioning bail system, which
    judges regularly employed. Detainees are given immediate access to an
    attorney, whose services are provided at government expense for
    indigent detainees. Detainees were allowed prompt access to family
    members.

        e. Denial of Fair Public Trial.--The constitution and law provide
    for an independent judiciary, and the Government generally respected
    judicial independence in practice.

        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. Trials are public except
    for those involving sexual or child abuse. There are no jury trials.
    Defendants have the right to be present and to consult with an attorney
    in a timely manner. Defendants may confront or question witnesses
    against them and present witnesses and evidence on their behalf.
    Defendants and their attorneys have access to government-held evidence
    relevant to their cases. Defendants have the right of appeal.
        A legal basis exists for the establishment of religious and
    military courts under special circumstances, but no such action has
    occurred in more than 60 years.

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

        Regional Human Rights Court Decisions.--In 2009 the European Court
    of Human Rights (ECHR) issued judgments in two separate cases that
    found that the country had violated the right to a fair trial as
    provided under the European Convention on Human Rights. The ECHR took
    formal note of the friendly settlement reached by the Government of the
    country and the applicant in one case, with the requesting state paying
    50,000 euros ($67,000) to the complainant. In the second case, the
    requesting state had to pay 10,000 euros ($13,400) to the complainant.

        Civil Judicial Procedures and Remedies.--The magistrate courts
    serve as an independent and impartial judiciary in civil and commercial
    matters and are available to individuals who wish to bring lawsuits
    seeking damages for, or cessation of, a human rights violation.

        f. Arbitrary Interference With Privacy, Family, Home, or
    Correspondence.--The constitution and law prohibit such actions, and
    the Government respected these prohibitions in practice.
    Section 2. Respect for Civil Liberties, Including:

        a. Freedom of Speech and Press.--The constitution and law provide
    for freedom of speech and of the press, and the Government generally
    respected these rights in practice. An independent press, an effective
    judiciary, and a functioning democratic political system combined to
    ensure freedom of speech and of the press.
        The independent media were active and expressed a wide variety of
    views without restriction.

        Internet Freedom.--There were no government restrictions on access
    to the Internet or reports that the Government monitored e-mail or
    Internet chat rooms. Individuals and groups could engage in the
    peaceful expression of views via the Internet, including by e-mail. A
    majority of the population had connections to the Internet. The
    European Commission indicated that 87 percent of households were
    connected to the Internet, and 71 percent of households had broadband
    connections. Using 2009 statistics, the International Telecommunication
    Union estimated that approximately 80 percent of the country's
    inhabitants used the Internet.

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

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

        c. Freedom of Religion.--For a complete description of religious
    freedom, please see the 2010 International Religious Freedom Report at
    www.state.gov/g/drl/irf/rpt

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

        Protection of Refugees.--The country's laws provide for the
    granting of asylum or refugee status, and the Government has
    established a system for providing protection to refugees. While
    statistics for the year were not yet available, in 2009, 505
    individuals asked for asylum; 207 of these requests were rejected. In
    practice the Government provided protection against the expulsion or
    return of refugees to countries where their lives or freedom would be
    threatened on account of their race, religion, nationality, membership
    in a particular social group, or political opinion. There are no laws
    that deny asylum based on an applicant's country of origin. There is no
    ``black list'' for repatriation; each dossier is examined on its
    merits. The Government applies the safe country of transit principle.
        In August the Government repatriated a Serbian family (father,
    mother, and two children, ages 20 and 30) to Belgrade.
        The law provides for the possibility of granting protection to
    individuals who may not qualify as refugees; the Government did not
    grant such protection during the year.
    Section 3. Respect for Political Rights: The Right of Citizens to
            Change Their Government
        The constitution and law provide citizens the right to change their
    government peacefully, and citizens exercised this right through
    periodic, free, and fair elections based on universal suffrage.

        Elections and Political Participation.--In June 2009 the country
    held elections for the 60 seats in the Chamber of Deputies. The
    elections were considered free and fair. Also on that date, the country
    held elections to the European Parliament that were considered free and
    fair.
        Political parties operated without restrictions or outside
    interference.
        There were 12 women in the 60-member Chamber of Deputies and four
    women in the 15-member cabinet. There were 15 women in the 32-member
    Supreme Court.
        There was one parliamentarian of Portuguese descent, and one
    minister of Italian descent.
    Section 4. Official Corruption and Government Transparency
        The law provides criminal penalties for official corruption, and
    the Government generally implemented these laws effectively. There were
    no reports of government corruption during the year. The Ministry of
    Justice is responsible for combating government corruption. Public
    officials are not subject to financial disclosure laws.
        There is no law providing public access to government information;
    in practice the Government granted access to government information to
    members of the public and placed extensive quantities of government
    information on official Web sites.
    Section 5. 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
    Committee for the Rights of Children.
    Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
        The law prohibits discrimination based on race, gender, disability,
    language, or social status, and the Government effectively enforced it.

        Women.--The law prohibits rape, including spousal rape, and the
    Government enforced the law effectively. The legal penalties range from
    five to 10 years imprisonment. The law prohibits domestic violence, and
    the Government effectively enforced it. The law is gender neutral and
    provides that abusers will be removed from their residences for 10
    days; this can be extended an additional three months. Penalties may
    include fines and imprisonment. If a person approaches a
    nongovernmental organization (NGO) for assistance, the police are
    required to investigate. In 2009 there were 572 cases of police
    intervention relating to spousal abuse and 302 police expulsions of the
    abusing spouse. These figures were higher than for the previous year.
    The Government funded organizations that provided shelter, counseling,
    and hotlines. There are three hotlines for abused women. In 2009
    government-sponsored NGO shelters provided refuge to approximately 398
    women and 560 children. The Government also provided financial
    assistance to domestic violence victims.
        The law prohibits sexual harassment and requires employers to
    protect employees from sexual harassment. The law prohibits gender-
    based job discrimination and harassment of subordinates by superiors.
    Disciplinary measures against offenders are available, including
    dismissal. An employer's failure to take measures to protect employees
    from sexual harassment is considered a breach of contract, and an
    affected employee has the right to paid leave until the situation is
    rectified. Sexual harassment in the workplace was not widely considered
    a problem.
        Couples and individuals have the right to decide freely and
    responsibly the number, spacing, and timing of their children and to
    have the information and means to do so free from discrimination,
    coercion, and violence. There was easy access to contraception and
    skilled attendance during childbirth, and the rate of maternal
    mortality was low (17 deaths per 100,000 live births, according to UN
    Population Fund statistics for 2008). Women and men were equally
    diagnosed and treated for sexually transmitted infections, including
    HIV. There were no barriers that limited access to maternal health
    services.
        Women enjoy the same legal rights as men, including rights under
    family law, property law, and in the judicial system. The law mandates
    equal pay for equal work; however, according to government reports,
    women were paid 14 to 16 percent less than men for comparable work. The
    Ministry of Equal Opportunity is responsible for protecting the legal
    and social rights of women. In 2009 the Government conducted a two-
    month media campaign in all of the country's high schools promoting
    equal rights for men and women. In November the ministry promoted equal
    rights at the annual student fair, with a series of roundtable
    discussions.

        Children.--Citizenship is governed by the principle of descent,
    according to which a father or mother who is a citizen of the country
    automatically conveys citizenship to their offspring at birth. The
    Government registers all births immediately.
        A special police unit is responsible for the protection of minors,
    and two call centers--one government-run, the other NGO-administered--
    are available to child victims of abuse. Neither the Government nor
    NGOs compiled statistics on child abuse during the year.
        The country is a party to the 1980 Hague Convention on the Civil
    Aspects of International Child Abduction. For information on
    international parental child abduction, please see the Department of
    State's annual report on compliance with the convention at http://
    travel.state.gov/abduction/resources/congressreport/congressreport
    4308.html.

        Anti-Semitism.--There were no reports of anti-Semitic acts. The
    Jewish community numbered approximately 1,000 persons.

        Trafficking in Persons.--For information on trafficking in persons,
    please see the Department of State's annual Trafficking in Persons
    Report at www.state.gov/g/tip.

        Persons With Disabilities.--The law prohibits discrimination
    against persons with disabilities in employment, education, access to
    health care, or in the provision of other state services or other
    areas, and the Government effectively enforced these provisions. The
    law does not require government or privately owned buildings to be
    accessible to persons with disabilities, but the Government subsidized
    the construction of ``disabled friendly'' structures. The NGO Aid for
    Handicapped Children advocated for the protection of the rights of
    persons with disabilities. The Government and Info Handicap, an NGO,
    organized a campaign entitled ``For Mobile People with Handicaps'' in
    which representatives of the national railway company met with persons
    with disabilities with the goal of improving access to public
    transportation.
        The law establishes quotas requiring businesses that employ more
    than 25 persons to hire unspecified number of workers with disabilities
    and pay them prevailing wages, but the Government acknowledged that
    these laws were not applied or enforced consistently.

        Societal Abuses, Discrimination, and Acts of Violence Based on
    Sexual Orientation and Gender Identity.--There was one organization for
    lesbian, gay, bisexual, and transgender persons that operated without
    any impediment. An annual gay pride event took place in May. The
    Government authorized the event and police provided sufficient
    protection.
        There were no reported incidents of discrimination based on sexual
    orientation.

        Other Societal Violence or Discrimination.--There were no reports
    of official or societal discrimination against persons with HIV/AIDS.
    Section 7. Worker Rights

        a. The Right of Association.--The law allows workers to form and
    join independent unions of their choice without previous authorization
    or excessive requirements, and workers exercised these rights.
    Approximately 50 percent of the workforce (including transborder
    workers who commute from neighboring countries) was unionized. The law
    allows unions to conduct their activities without interference, and the
    Government protected this right in practice. The law provides for the
    right to strike, except for government workers who provide essential
    services. Legal strikes may occur only after a lengthy conciliation
    procedure between the parties. For a strike to be legal, the
    Government's national conciliation office must certify that
    conciliation efforts have ended.

        b. The Right to Organize and Bargain Collectively.--The law
    provides for the right to collective bargaining, and workers exercised
    this right freely. Approximately 66 percent of workers were under
    collective bargaining agreements. There were no reported examples of
    antiunion discrimination.
        There are no export processing zones.

        c. Prohibition of Forced or Compulsory Labor.--The law prohibits
    forced or compulsory labor; however, there were reports of trafficking
    in women for sexual exploitation.
        For information on trafficking in persons, please see the
    Department of State's annual Trafficking in Persons Report at
    www.state.gov/g/tip.

        d. Prohibition of Child Labor and Minimum Age for Employment.--
    There are laws to protect children from exploitation in the workplace,
    and the Government effectively enforced these laws. There were no
    reports of child labor.
        The law prohibits the employment of children under the age of 16.
    Apprentices who are 16 years old must attend school in addition to
    their job training. Workers under the age of 18 have additional legal
    protection, including limits on overtime and the number of hours that
    can be worked continuously. The ministries of labor and education
    effectively enforced the child labor laws.
        The Ombuds-committee for Children's Rights (a different institution
    from the ombudsman) carries out a series of inspections including
    inspections for child labor.

        e. Acceptable Conditions of Work.--The national minimum wage for a
    single worker over the age of 18 was 1,683 euros ($2,143) per month for
    unskilled workers and 2,019 euros ($2,571) for skilled workers. The
    minimum wage was not sufficient to provide a decent standard of living
    for a worker and family; however, most employees earned more than the
    minimum wage. The Ministry of Labor enforced the minimum wage
    effectively. Foreign and migrant workers are covered by minimum wage
    provisions.
        The law mandates a maximum workweek of 40 hours. Premium pay is
    required for overtime or unusual hours. Sunday employment is permitted
    in continuous-process industries (steel, glass, and chemicals) and for
    certain maintenance and security personnel; other industries must
    request permission for Sunday work, which the Government granted on a
    case-by-case basis. Work on Sunday, allowed for some retail employees,
    must be entirely voluntary and compensated at double the normal wage or
    with compensatory time off on another day, equal to the number of hours
    worked on Sunday. The law requires rest breaks for shift workers and
    limits all workers to a maximum of 10 hours per day, including
    overtime. The labor inspection court and the Superior Court of Justice
    are responsible for enforcing these laws.
        The law mandates a safe working environment. An inspection system
    provided penalties for infractions. The labor inspectorate of the
    Ministry of Labor and the accident insurance agency of the Social
    Security Ministry carried out effective inspections. No laws or
    regulations specifically provided workers with the right to remove
    themselves from dangerous work situations without jeopardy to their
    continued employment; however, every worker has the right to ask the
    labor inspectorate to make a determination regarding workplace safety,
    and the inspectorate usually did so expeditiously.

                                   __________

                                   MACEDONIA

        The Republic of Macedonia is a parliamentary democracy with a
    population of approximately 2.1 million. A popularly elected president
    is head of state and commander in chief of the armed forces. A
    unicameral parliament (Sobranie) exercises legislative authority. In
    2009 the country held presidential and municipal elections, which the
    Organization for Security and Cooperation in Europe (OSCE) assessed as
    meeting most international standards for democratic elections. Security
    forces reported to civilian authorities.
        Overcrowding, severe staff shortages, and lack of training for
    guards continued to contribute to poor conditions at some of the
    country's prisons. There were reports that authorities abused pretrial
    detention for political reasons. Judges reported that there was strong
    political pressure on the judiciary and that this pressure sometimes
    influenced their rulings. The Government criticized the media and
    attempted to influence reporting by manipulating its spending on
    advertizing. Tensions between ethnic Macedonian and ethnic Albanian
    populations continued to influence individuals' opportunities for
    education, employment, and political participation. There were reports
    of discrimination against persons with disabilities and Roma.
                            respect for human rights
    Section 1. Respect for the Integrity of the Person, Including Freedom
            From:

        a. Arbitrary or Unlawful Deprivation of Life.--The Government or
    its agents did not commit any politically motivated killings.
        On May 12, police attempted to arrest four men who were smuggling a
    significant number of weapons into the country near the village of
    Radusha, close to the border with Kosovo. The police shot and killed
    the four after they opened fire.

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

        c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
    Punishment.--The law prohibits such practices; however, there were
    credible reports that police used excessive force during the
    apprehension of criminal suspects and abused detainees and prisoners.
        During the first nine months of the year, the Ministry of
    Interior's Sector for Internal Control and Professional Standards Unit
    (PSU) reported receiving 41 complaints against police officers for use
    of excessive force. After preliminary investigations, the PSU found
    grounds for further investigation in four cases and took disciplinary
    action in one.
        On February 2, a citizen accused a Skopje police officer of
    physically assaulting him after an argument related to a traffic
    matter. Authorities charged the officer with a misdemeanor, and the PSU
    issued a recommendation to the disciplinary commission to initiate
    disciplinary procedures. The commission determined that the police
    officer did not use excessive force.
        On May 18, in the village of Bansko, Strumica, a police officer was
    accused of using excessive force against a handcuffed civilian. The PSU
    submitted a report to the Public Prosecutor's Office and issued a
    recommendation to his supervisor to initiate disciplinary procedures to
    determine responsibility for the incident. The commission determined
    that there was no use of excessive force.
        On June 4, a police officer in Gostivar attacked a driver for not
    following directions. The PSU issued a mandatory recommendation to the
    officer's supervisor to initiate disciplinary procedures in order to
    determine responsibility for the incident. The commission reduced the
    officer's salary by 15 percent for three months.
        Also in June two individuals filed torture and mistreatment charges
    against two Skopje police officers. The individuals claimed that police
    officers physically abused them at the Prolet police station after the
    officers arrested them on May 31. As of year's end, the prosecutor's
    office had not announced whether it would prosecute the officers.
        On August 18, a Skopje police officer hit a citizen's face against
    the doorframe of his car causing injury to the citizen's face. The PSU
    issued a recommendation to the officer's supervisor to initiate
    disciplinary procedures to determine responsibility for the incident.
    The procedure was ongoing at year's end.
        In its 2009 Annual Report, the Office of the Ombudsman reported
    some improvements in the investigations of the PSU; however, it
    reported that in most cases the PSU continued to justify police
    actions. The report also noted that this ``protective attitude towards
    police officers'' is shared by the court and the public prosecutor and
    that court procedures last indefinitely and contribute to the impunity
    of police officers.
        Between November 2009 and October 31, the nongovernmental
    organization (NGO) All4Fair Trials received 38 complaints from citizens
    alleging excessive use of force by police. It referred many of these
    complaints to the PSU or ombudsman. It also noted that some alleged
    victims did not want to report the incidents to authorities for fear of
    reprisal. The NGO criticized the Prosecutor's Office for not completing
    prosecutions of police abuse cases filed in 2007 and 2008.
        The Skopje prosecutor continued the May 2009 investigation, of four
    prison guards accused of tying inmates to radiators and beating them
    until they gave statements. The accusation prompted the ombudsman to
    recommend torture charges against the guards. Authorities returned the
    guards to duty pending the outcome of the investigation. As of year's
    end, the prosecutor had filed no charges.

        Prison and Detention Center Conditions.--On August 25, the
    ombudsman announced criminal charges against several guards at Idrizovo
    prison. The ombudsman found credible evidence that the guards beat an
    inmate who was attempting to aid the escape of two other inmates. The
    prison warden and the director of prison administration investigated
    the case and found that guards used excessive force against the inmate.
    The prison administration forwarded the case to the Prosecutor's
    Office, which determined it would not prosecute the case due to a lack
    of evidence.
        In its November progress report, the European Commission reported
    that ``the degrading conditions and the dire state of some prisons, in
    particular Idrizovo and its closed ward, remain of serious concern. ``
    It continued to state that ``most of the prisons are underfunded and
    cannot cover their basic maintenance expenses, `` and that ``the
    mechanisms for preventing and combating ill-treatment and corruption in
    prisons remain weak. ``
        The ombudsman performed regular visits to the country's prisons and
    maintained complaint boxes within the prisons. He reported in his 2009
    annual report that conditions in the prisons were unchanged and
    remained ``inhumane'' and ``overcrowded.'' It also reported that the
    opportunity for juvenile detainees to mingle with adult detainees
    remained a problem.
        On February 4, the EU special representative to Macedonia and the
    ombudsman visited the Idrizovo prison. The EU special representative
    publicly criticized living conditions in the prison as ``a disgrace,''
    noting roofless rooms, broken windows, and inadequate bathroom
    facilities, and urged the Government to take immediate action to
    improve the situation. The ombudsman echoed these concerns, recommended
    closing the partially open section of the prison, and proposed moving
    the inmates to a different facility. Prison authorities closed,
    renovated, and reopened the section.
        Prison officials cited the lack of funding for the hiring and
    training of prison guards as major contributors to the poor conditions
    at Idrizovo. Idrizovo was severely understaffed; in some units, as few
    as three guards monitored as many as 130 prisoners, making it extremely
    difficult for the guards to control the prison population, and creating
    a situation with substantial prisoner-on-prisoner violence and abuse.
    Idrizovo guards also received little or no formal training, and
    authorities expected them to learn on the job. Prison officials stated
    that overcrowding contributed to the poor conditions. Idrizovo is the
    country's largest prison, holding about 70 percent of convicted
    detainees.
        On January 7, an inmate of Bitola Prison died of a heart attack at
    the hospital. Other inmates claimed that, despite the deceased's
    requests for urgent medical assistance, prison authorities did not take
    him to the hospital until several hours after his requests.
        Official reports indicated that two prisoners committed suicide in
    Idrizovo prison during the year.
        As of November, the ombudsman reported that the country housed a
    total of 2,329 detainees and prisoners, although the total capacity of
    all facilities was only 1,952.
        The ombudsman stated that the right to express religious beliefs
    and practice religious rites in the penitentiary and correctional
    facilities was not hindered. Visitor access was allowed, but facilities
    remained insufficient for the number of prisoners, and conditions are
    poor.
        The Government usually granted independent humanitarian
    organizations and the ombudsman access to convicted prisoners. The law
    allows family members, physicians, diplomatic representatives, and
    representatives from the European Committee for the Prevention of
    Torture and Inhuman or Degrading Treatment or Punishment (CPT) and the
    International Committee of the Red Cross (ICRC) access to pretrial
    detainees with the approval of the investigative judge. Judges usually
    granted permission.
        There were no reports of prisoners serving beyond the maximum
    sentence.
        During the year the Ministry of Justice refurbished several prison
    and detention facilities. This activity included renovating the
    partially open section at Idrizovo and installing new video
    surveillance and alarm systems at the Suto Orizari detention center and
    Stip Prison to improve overall security and decrease corruption among
    guards and other detention staff.
        On May 21, the Government announced that it would allocate 52
    million euros ($69 million) for prison renovations, of which the
    Council of Europe Development Bank would fund 46 million euros ($61
    million) and the EU Instrument for Pre-Accession Assistance would fund
    the remainder.

        d. Arbitrary Arrest or Detention.--The law prohibits arbitrary
    arrest and detention; however, arbitrary arrest and detention were
    problems.

        Role of the Police and Security Apparatus.--The national police are
    a centralized force under the Ministry of the Interior, consisting of
    uniformed police, criminal (civilian) police, and border police. By
    September approximately 21 percent of force members were from minority
    groups, but this figure was short of the Government's 25 percent quota
    for minority officers. Ethnic Albanians made up approximately 25
    percent of the population and approximately 17 percent of the police
    force.
        International observers and local NGOs cited corruption, lack of
    transparency, and political pressure within the Ministry of the
    Interior as hindering efforts to fight crime, particularly organized
    crime.
        Police impunity remained a problem, although there were
    improvements with internal investigations and an active ombudsman.
        In addition to investigating alleged police mistreatment, the PSU
    conducts all internal investigations into allegations of other forms of
    police misconduct. After conducting an investigation, the PSU forwards
    its findings to either the Prosecutor's Office or a disciplinary
    commission, usually composed of the officer's peers. The PSU has
    authority to impose administrative sanctions during the course of its
    investigations, such as temporary suspension from work, but cannot
    impose disciplinary actions, which require a ruling from a disciplinary
    commission, or more serious criminal sanctions, which require court
    action. Many observers considered that the PSU, Prosecutor's Office,
    and courts did not provide an effective deterrent to police abuse,
    contributing to an atmosphere of impunity.
        The Government worked to strengthen the PSU following the CPT's
    2008 report that noted that, when it came to investigating alleged
    mistreatment by officers, the PSU ``cannot be considered as an
    independent body which is able to carry out prompt, thorough, and
    effective investigations.'' Insufficient funding and staffing hampered
    the PSU's effectiveness. The EC reported in its progress report, this
    year that ``the human resources capacity of the Sector for Internal
    Control and Professional Standards within the Ministry of Interior is
    low.'' To address these and other issues, the approved personnel
    strength of the unit was raised from 45 to 60 during the year. A PSU
    representative is now allowed to sit on disciplinary commissions as a
    nonvoting member. PSU staff participated in training conducted by
    outside experts.
        The October 17 EC progress report noted that ``control over the
    police in general, and special units in particular, was more effective,
    partly because of increased internal audits to provide for professional
    standards to be respected.'' The report further noted that
    ``investigations were carried out in accordance with international
    standards.'' The report stated that, although an independent external
    mechanism was lacking, strengthening the powers of the public
    prosecutor in the investigative phase improved oversight of police
    work.
        Although unit officials showed some improvement in efficiently
    conducting internal investigations, concerns remained about the low
    number of completed investigations and the lack of charges in
    outstanding human rights cases from previous years.
        Representatives from a number of international organizations,
    including the OSCE, the EU, and foreign missions, continued to monitor
    police operations and advise the Ministry of Interior on police
    reforms.
        Citizens filed 239 complaints related to police conduct with the
    ombudsman.

        Arrest Procedures and Treatment While in Detention.--The law
    requires warrants issued by an investigative judge for arrest and
    detention, and police generally followed this requirement in practice.
        The law states that prosecutors must arraign a detainee within 24
    hours of arrest. An investigative judge, at the request of a
    prosecutor, may order detention of suspects for up to 72 hours. Police
    generally adhered to these procedures in practice.
        There were reports that police continued to call suspects and
    witnesses to police stations for ``informative talks'' without
    informing them of their rights. Police did not arrest the individuals
    nor hold them for extended periods of time. The law permits immediate
    family members access to detainees, and authorities generally provided
    access, although it was not always prompt. The law states that an
    investigative judge must approve access.
        The Ministry of Interior conducted inspections of the registers of
    detained persons and prepared standard procedures for their detention
    and treatment. These procedures included designating shift supervisors,
    who were responsible for the proper processing and treatment of
    detained persons.
        There is a functioning bail system. The law sets the initial length
    of pretrial detention at 30 days. This period may be extended up to 180
    days if a council of three judges orders a 60-day extension for further
    investigation and a superior court orders an additional 90-day
    extension. The law allows a 90-day extension only in cases for which
    sentencing guidelines provide that a person convicted of the crime
    under investigation serve at least five years in prison. Following
    indictment the maximum pretrial detention is two years. There was a 20
    percent drop in the number of pretrial detention cases this year, as
    judges increased the use of home confinement and bail.

        e. Denial of Fair Public Trial.--The constitution and laws provide
    for an independent judiciary; however, the Government, political
    pressure, intimidation, and corruption influenced the judicial branch.
    Inadequate funding of the judiciary continued to hamper court
    operations and effectiveness. A number of judicial officials accused
    the Government of using its budgetary authority to exert control over
    the judiciary. Despite persistent underfunding, the Government again
    reduced the annual budget for the judiciary during the year.
        On October 28, parliament amended the law in order to fix the
    court's budget at a minimum of 0.8 percent of Gross Domestic Product
    (GDP), thereby addressing the need for adequate and stable funding of
    the courts. However, the new law is to be implemented gradually
    beginning in 2012 and will not reach the 0.8 percent level until 2015.
    This law does not affect funding for the Prosecutor's Office, which
    remained severely understaffed and underfunded.
        Political pressure influenced the work of the Judicial Council, the
    body responsible for the election, discipline, and removal of judges.
    There were reports that the Judicial Council gave preference to outside
    candidates for judges instead of choosing 50 percent of new judges from
    academy graduates as the law requires. Through early December, the
    Judicial Council elected 38 new first-instance judges, eight of whom
    were academy graduates.
        In January the OSCE published the results of an anonymous survey of
    judges, in which two-thirds of the country's 650 judges participated.
    The results indicated that the majority of respondents felt pressure
    from political parties and the Government in making decisions, and 43
    percent stated that this pressure influenced their rulings. The
    respondents also stated that the Judicial Council was not an
    independent body and that the minister of justice should not be a
    member of this council. The minister of justice and the president of
    the Judicial Council publicly criticized the survey as unreliable and
    denied that there were inappropriate pressures on judges.
        On February 17, the parliamentary Standing Inquiry Committee on
    Human Rights concluded that the human rights of defendants and
    witnesses in the Sopot case had been violated by the ``authorized
    bodies and institutions'' of the country. The committee found
    violations of the prohibition of torture, inhumane, or degrading
    treatment; the right to liberty and security; the right to privacy of
    home; and the right to a fair trial. In the 2003 case, two Polish NATO
    soldiers and one civilian were killed and two civilians were injured by
    an improvised explosive device along the Kumanovo-Sopot road. Eleven
    ethnic Albanians were convicted in three separate trials occurring in
    2004, 2006, and 2009, and sentenced to 10 to 14 years in prison. In
    June motions for retrial were filed by the defense in two separate
    courts based on the committee's conclusion. On June 17, one of the
    trial courts denied the defense attorney's request for retrials for
    seven defendants. On June 23, the other trial court granted the retrial
    of four defendants and released them to house arrest on June 28. On
    September 16, the appellate court reversed the decision of the first
    trial court and ordered a retrial for all 11 defendants. At year's end,
    four defendants remained under house arrest, one remained in detention
    pending retrial, and six remained at large having been convicted.
        In April the media criticized government influence on the judiciary
    after the parliament elected an affiliate of the ruling party, Branko
    Uskovski, to sit on the Judicial Council. Media alleged that the
    parliament chose Uzkovski over candidates with far more judicial
    experience as a reward for his loyalty to the ruling party. Media
    reports alleged that one basic court judge, Emilija Ilievska, was
    promoted to Supreme Court judge based on her political connections. She
    is the wife of the chief of the Organized Crime and Corruption
    Prosecution Unit and the sister-in-law of the head of the internal
    intelligence service.
        On June 10, after a seven-month disciplinary procedure initiated by
    Minister of Justice Mihajlo Manevski, the Judicial Council removed
    appellate judges Violeta Duma and Vlado Djilvidjiev for unprofessional
    and incompetent conduct in a 2008 case. The Judicial Council acquitted
    three other judges who sat on the same panel. There were reports that
    Djilvidjiev was promised a position on the parliament's Legislative
    Affairs Committee in return for not publically objecting to his
    removal. The removal of Judge Duma received significant public
    attention, and the media accused the Judicial Council of biased,
    politically motivated, and nontransparent conduct. Duma accused
    Manevski of retaliating against her because she refused to submit to
    his pressure on the appellate case of former defense minister and prime
    minister Buckovski, which stemmed from activities while he was serving
    as defense minister. Both Duma and Djilvidjiev appealed their removal
    before the Supreme Court-led appeals committee. The appeals were
    rejected on December 10.
        On September 16, the Constitutional Court struck down several
    Judicial Council rulebooks that govern the evaluation, discipline, and
    removal of judges on the grounds that the council did not have a
    mandate to create and implement the rulebooks. Legal experts
    interpreted the court ruling as calling into question the dismissals of
    several judges under the rulebooks. The council ignored the
    Constitutional Court's requests for opinions and information on the
    suspended rulebooks. To satisfy the court ruling, the Government
    amended the law on the Judicial Council to incorporate the rulebooks.
        On December 8, the appellate court ruled to release a convicted
    cigarette smuggler to house arrest pending appeal. On December 10, the
    Supreme Court reversed the decision, saying the appellate court judges
    had misinterpreted the law on detention and filed motions with the
    Judicial Council against the appellate court judge and the president of
    the appellate court for ``unprofessional conduct and malpractice.''
    Legal experts and members of the academic law community said that
    either interpretation could be considered correct and argued that the
    motions before the Judicial Council were extreme. They questioned
    whether the Judicial Council should discipline a judge for his or her
    interpretation of the law in a ruling. The media speculated that this
    was an attempt by the Government to remove judges who did not succumb
    to executive pressure. One of the three judges involved in the
    appellate ruling resigned from the bench on December 16 for unspecified
    reasons. The president of the appellate court resigned his position
    ``for health reasons,'' but said he wanted to remain a judge. The
    Judicial Council scheduled his disciplinary hearing for January 2011.
        Throughout the year the Government heavily criticized the
    Constitutional Court for overturning a number of laws related to
    government sponsored projects. In March the speaker of parliament
    demanded that President of the Constitutional Court Trendafil Ivanovski
    come to parliament to explain the court's rulings. Ivanovski refused,
    citing the independence of the court. On October 1, the lustration
    committee found Ivanovski guilty of collaboration with secret services
    under communism. Ivanovski appealed the ruling to the Administrative
    Court, which upheld the guilty verdict. Ivanovski was suspended from
    the Constitutional Court and appealed to the Supreme Court, which had
    not ruled at year's end.
        During the year the media and legal community criticized the
    Government for proposing judicial legislation with little or no input
    from the judiciary or legal experts. For example, the Government
    proposed amendments to the Law on Courts that would establish a strict
    point-based system for the evaluation of judges. NGOs, the media, and
    legal professionals criticized the system, asserting that it would not
    solve major problems with the judiciary, such as chronic underfunding,
    political pressure on judges, and inadequate working conditions.
        The efficiency of trial courts improved in the first half of the
    year. Based on unofficial reports from authorities, trial courts
    decided 536,183, or 52.3 percent, of the 1,023,924 cases on their
    dockets versus only 29.9 percent for the same period during the
    previous year. The efficiency of other courts varied. The appellate
    courts completed 67.7 percent of their caseload and the Supreme Court
    completed 58.1 percent. The Administrative Court completed only 39.6
    percent of its cases. There were 466,315 backlogged cases involving the
    enforcement of civil judgments, including such cases as failure to pay
    utility bills, which were supposed to be transferred to a private
    bailiff system. However, on July 2, parliament moved the date for the
    transfer of enforcement cases to July 1, 2011, and the cases remained
    on the docket of the trial courts.

        Trial Procedures.--The law presumes defendants innocent until
    proven guilty. Trials are generally open to the public. The country
    does not use juries. A single judge hears less serious cases, and a
    panel of one or two professional judges and two to three lay judges
    hear more serious cases. The judicial panels determine guilt and impose
    sentences. The panel usually follows the recommendations of the
    presiding judge. Defendants have the right to an attorney in pretrial
    and trial proceedings. The law requires that courts provide indigent
    defendants an attorney at public expense, and authorities generally
    respected this requirement in practice. Defendants may question
    witnesses and present evidence on their own behalf. The law entitles
    defendants and their attorneys to have access to government-held
    evidence. In practice defendants were not always given access. Both the
    prosecution and defendants have the right to appeal verdicts.
        The law provides that courts may try defendants in their absence as
    long as they repeat the trials if convicted individuals later become
    accessible to justice officials.
        The courts published civil and criminal judgments online, but
    public access to judgments and court decisions remained limited. Most
    of these electronically published judgments lacked an indexing function
    and were difficult to search due to the large amount of deleted data.
    Officials cited privacy and data protection concerns as reasons why the
    courts did not publish more information on judgments.

        Political Prisoners and Detainees.--During the year there were
    claims that authorities detained persons for political reasons.
        On July 16, the prosecutor indicted 36 of 40 medical doctors and
    officials of the Health Fund whom police arrested in April on bribery
    and fraud charges related to disability pensions. The family of one of
    the doctors, Ljube Gligorovski, claimed that authorities mistreated him
    in detention and were holding him for personal and political purposes.
    Gligorovski's attorney stated that the court denied repeated petitions
    for his release on bail or transfer to house arrest. On September 13,
    the day before the trial began, the court renewed Gligorovski's
    detention order for another 90 days, based on the risk that he would
    commit further crimes, although he was no longer in his position and
    had been suspended from practicing medicine. In mid-October the court
    placed Gligorovski under house arrest. At year's end, the court had set
    no hearing date.
        There were claims that officials used pretrial detention as a
    punitive measure in the case of former manager of the Health Fund,
    Georgi Trenkoski. Trenkoski was initially arrested and sent to pretrial
    detention on more serious charges than those for which he was indicted.
    Authorities justified pretrial detention as necessary to prevent
    Trenkoski from tampering with evidence; however, he had resigned from
    his position as manager of the Health Fund three months earlier and had
    no access to the files. Supporters claimed that the media were notified
    ahead of Trenkoski's arrest to ensure a ``perp walk.'' Media coverage
    of his case has been derogatory, implying guilt prior to conviction.
    The trial was ongoing at year's end.
        Dusko Ilievski, a leader of antigovernment protests related to the
    bankruptcy of the dairy company ``Swedmilk'' claimed that he, his
    father, and brother were unlawfully detained for 12 days for political
    reasons. In July police charged Ilievski of raising marijuana on family
    owned land. Ilievski claimed the charges were politically motivated,
    aimed at silencing his criticism of the Government. At year's end, the
    trial against Ilievski was pending before the Bitola court.

        Regional Human Rights Court Decisions.--During the year the
    European Court of Human Rights (ECHR) issued 15 decisions that found
    violations by the state of the European Convention on Human Rights,
    including violations of the right to liberty and security, the right to
    a fair trial, the right to court access, and the right to due process.
    In 2009 the Government enacted an ECHR Orders Enforcement Law; however,
    inadequate implementation has resulted in the timely compliance of only
    a small number of the ECHR orders.
        On October 28, the ECHR issued a judgment against the country in
    the Snake Eye case. The court found violations of the right of liberty
    and security of 38 defendants in both the pretrial and trial detention
    periods.

        Civil Judicial Procedures and Remedies.--Citizens had access to
    courts to bring lawsuits seeking damages for, or cessation of, human
    rights violations. Individuals may file human rights cases in the
    criminal, civil, or administrative courts, depending upon the type of
    human rights violation in question and the perpetrator of the alleged
    violation. Individuals may also appeal adverse decisions. The law
    provides the right to timely adjudication of cases and a legal basis
    for raising excessive judicial delays to the Supreme Court.
        On February 10, the Constitutional Court ruled for the first time
    on an individual human rights petition involving a violation of the
    right to stand for public office. The court ruled that the Zajas
    municipal administration violated the plaintiff's political rights
    during his 2009 attempt to campaign for mayor by prohibiting his
    candidacy. The court annulled the original decision of the lower court,
    allowing the plaintiff to file a civil suit for damages against the
    municipality.
        In December 2009 parliament passed a law that provides for free
    legal aid to citizens seeking legal assistance. The law designates
    those who qualify for assistance including recipients of social or
    disability welfare, single parents, certain pension recipients, and
    asylum seekers. The Office of the UN High Commissioner for Refugees
    (UNHCR) reported that in practice there has been no access to state-
    funded free legal aid for asylum seekers due to the manner in which the
    provisions of the law were interpreted.

        f. Arbitrary Interference With Privacy, Family, Home, or
    Correspondence.--The law prohibits such actions, and the Government
    generally respected these prohibitions in practice.
    Section 2. Respect for Civil Liberties, Including:

        a. Freedom of Speech and Press.--The constitution provides for
    freedom of speech and of the press; however, the Government did not
    always respect these rights in practice, and government pressure on the
    media was a problem. The law prohibits speech that incites national,
    religious, or ethnic hatred, and the law provides penalties for
    broadcasters who violate these laws.
        Individuals could criticize the Government publicly or privately;
    however, there were reports that the Government attempted to impede
    criticism, pressured the media, and forced journalists to practice
    self-censorship. The Government was one of the largest purchasers of
    advertising in the country and favored outlets and journalists it
    perceived as friendly. In an open letter dated August 5, the former
    spokesperson for the National Health Fund, Dejan Gacov, claimed that
    the Government controlled the media through its spending on
    advertising.
        During the year journalists worked to strengthen the
    professionalism and independence of the media through the Association
    of Journalists of Macedonia (AJM). On September 21, the AJM, which had
    been criticized as biased in the past, adopted a new statute that
    provides for a more democratic and transparent association, and on
    December 11, elected new leadership in line with the new statute. On
    November 12, the first labor union for journalists, the Independent
    Trade Union of Journalists, was established.
        The ruling party, VMRO-DPMNE, issued statements expressing
    disappointment with reporting by some media outlets, including A1
    television and the daily newspaper Vest. President Gjorge Ivanov also
    criticized the media for allegedly misinterpreting his statements. In
    reaction the AJM accused the president of trying to ``discipline the
    country's journalism.''
        On February 1, the owner of the national radio station Kanal 77,
    Goran Gavrilov, appealed the acquittal of three defendants accused of
    attempting to murder him in 2008 to the European Court of Human Rights
    (ECHR) in Strasbourg. The ECHR accepted the case on May 4.
        On March 17, an appellate court reversed the slander conviction of
    opposition SDSM Member of Parliament and former prime minister Vlado
    Buckovski and returned the case to the trial court for retrial. The
    court fined Buckovski 11,600 euros ($15,372) in 2009 for slandering
    VMRO-DPMNE Member of Parliament Silvana Boneva during the 2006 election
    campaign.
        On March 22, the amended criminal code went into effect; the code
    decriminalized slander based on the reporting of statements by third
    parties.
        Media institutions and reporting were divided along ethnic and
    political lines, with the most striking divisions visible in reporting
    on controversial political issues.
        The independent media were active and expressed a wide variety of
    views without restriction. However, there were some condemnations of
    hate speech. On May 14, the AJM announced that during the previous year
    and a half, holders of public office had filed 150 defamation, libel,
    and slander charges against journalists. The AJM stated it had
    collected the information directly from journalists because the courts
    did not respond to its inquiries. On May 19 supported the European
    Federation of Journalists the AJM's criticism of the Government for
    neglecting the safety of journalists. The authorities failed to act
    after the AJM lodged an official complaint against a commentator on
    Kanal 5 television for using hate speech against journalists he
    believed to be traitors. The National Broadcasting Council determined
    there was no hate speech broadcast but rather ``elements that
    occasionally harm program standards and professional journalism.''
        In August a court acquitted a journalist in a retrial of his 2008
    conviction for publishing a report on a judge whom police fined for
    driving under the influence of alcohol.
        On November 25, backed by heavy police presence, financial and tax
    inspectors carried out an investigation on the premises of A1, the
    country's most popular, and opposition-oriented, television station.
    The station shares premises with three independent newspapers and
    various other businesses, all with ties to the owner of A1, Velija
    Ramkovksi. The widely publicized operation was conducted late in the
    evening and broadcast live on A1.
        Late at night on December 23, special police forces arrested
    Ramkovski, his daughter, and 17 other managers and employees of the
    businesses on charges of tax evasion and conspiracy. Four, including
    Ramkovski's son, remained at large; however, 16 of the 19 arrested were
    ordered to 30 days pretrial detention. While there were no technical
    procedural violations during the arrest, concerns were raised about the
    timing of the arrests (11:00 p.m.), the length of the judicial
    investigation process (12 hours held in police custody and 10 more
    hours in front of an investigative judge), access to attorneys during
    the questioning process, and the use of a blanket pretrial detention
    order for the majority of the accused. The arrest of Ramkovksi and the
    other defendants raised concerns about media freedom and selective
    prosecution of government critics. There were reports that A1
    television reporters and corporate sponsors were threatened, although
    the television station continued to operate.
        There were seven major, private, daily newspapers in Macedonian and
    four in Albanian. International newspapers and magazines were available
    throughout the country. Macedonian Radio and Television, which
    generally favored the Government's views on political issues, was the
    country's sole public broadcaster.
        There were five private television broadcasters with national
    coverage, 16 national television stations broadcasting via satellite,
    and 57 private local and regional television stations. Most of the
    stations broadcast news programs and reflected a variety of viewpoints.
    There were 71 independent radio stations. All major broadcast and print
    media offered up-to-date Web editions. Blogs and Internet-based social
    networks were also available.
        As of year's end, the ECHR had not issued a decision in the case of
    Ljubomar Frckoski, who was convicted in 2008 of slandering Prime
    Minister Nikola Gruevski in a 2007 column and ordered to pay Gruevski
    30,000 euros ($39,754) in damages. Frckoski's conviction became
    effective in December 2009, and he was reportedly paying Gruevski in
    installments. The NGO Reporters without Borders criticized the decision
    as harmful to freedom of the press.

        Internet Freedom.--There were no government restrictions on access
    to the Internet or reports that the Government monitored e-mail or
    Internet chat rooms. Individuals and groups could engage in the
    peaceful expression of views via the Internet, including by e-mail. The
    Government tried to increase Internet use and operated Internet cafes
    throughout the country that provided free Internet access to persons
    under the age of 26, women over the age of 62, and men over the age of
    64. As of June there were an estimated 1,057,000 Internet users in the
    country, approximately 50 percent of the population.

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

        b. Freedom of Peaceful Assembly and Association.--Freedom of
    Assembly.--The law provides for freedom of assembly, and the Government
    generally respected this right in practice. In order to hold public
    gatherings of any kind, organizers must notify the Ministry of Interior
    so the venue can be made secure.
        On February 16, a trial court acquitted three persons of failing to
    provide proper security arrangements in connection with the March 2009
    protests over the Government's plans to construct an Orthodox Church in
    Skopje that turned violent. In addition the Ministry of Interior
    charged 15 other participants, seven anticonstruction protesters and
    eight proconstruction protesters, mainly for violating public order.
    This group of 15 was tried in a separate trial by the court of
    misdemeanors. On November 26, the court acquitted all 15 defendants.

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

        c. Freedom of Religion.--For a complete description of religious
    freedom, please see the 2010 International Religious Freedom Report at
    www.state.gov/g/drl/irf/rpt.

        d. Freedom of Movement, Internally Displaced Persons, Protection of
    Refugees, and Stateless Persons.--The law provides for freedom of
    movement within the country, foreign travel, emigration, and
    repatriation, and the Government generally respected these rights in
    practice. The Government cooperated with the Office of the UN High
    Commissioner for Refugees (UNHCR) and other humanitarian organizations
    in providing protection and assistance to internally displaced persons,
    refugees, returning refugees, asylum seekers, stateless persons, and
    other persons of concern.
        The law prohibits forced exile, and the Government did not use
    forced exile, internal or external.

        Internally Displaced Persons (IDPs).--The Government reported 611
    persons remained displaced from the 2001 internal conflict. Of these,
    251 persons lived in collective centers, and 360 were lodged with host
    families.
        IDPs received basic assistance, mostly from the Ministry of Labor
    and Social Policy, but had few opportunities for work due to the
    country's high unemployment rate. The UNHCR assisted 12 IDPs to
    regulate their civil status and identity documents.
        During the year the Government encouraged IDPs to return to their
    homes of origin in areas the authorities considered safe. Some IDPs
    continued to assert that the Government did not provide adequate
    support for the return process. Romani IDPs faced additional challenges
    due to lack of documentation of tenancy for properties where they
    previously resided.

        Protection of Refugees.--The country's laws provides for the
    granting of asylum or refugee status both to those individuals meeting
    the criteria for refugee status and those meeting the criteria for
    subsidiary protection. The Government has established a system for
    providing protection to refugees.
        The law meets most international and EU standards; however, it
    contains exclusionary provisions for persons under subsidiary
    protection which are not in compliance with the 1951 Refugee
    Convention. The UNHCR submitted friend of the court brief to the
    Administrative Court in two cases in which the Section for Asylum
    ceased subsidiary protection on exclusion grounds, alleging that the
    two refugees involved constituted a danger to national security. The
    case involves two Roma from Kosovo who have lived in the country since
    1999.
        The law provides for protection of refugees and persons under
    subsidiary protection in accordance with EU standards. During the year
    the Government transformed the status of protection for persons
    formerly granted ``asylum for humanitarian protection'' to ``asylum for
    subsidiary protection'' in line with EU directives. UNHCR assessed that
    there was no improvement in the refugee status determination mechanism.
    During the year no asylum seekers were granted refugee status or
    subsidiary protection.
        The Government reaffirmed its commitment that it would not deport
    failed asylum seekers from Kosovo and no such deportations took place.
    The Ministry of Interior issued identification documents and temporary
    residence permits to those whose applications for asylum the Government
    rejected. The temporary residence permits were subject to extension as
    individual circumstances warranted. The Administrative Court accepted
    the appeals of 14 individuals and returned the cases for re-
    adjudication. It rejected appeals in 24 cases. Although 17 appeals of
    Administrative Court verdicts were submitted to the Supreme Court as
    the second instance judicial body, it issued only two verdicts,
    rejecting the appeals.
        In December 2009 amendments to the law on asylum and temporary
    protection came into force that significantly improved the quality of
    national asylum legislation.
        Delays in the identification and referral of new asylum seekers
    persisted. The mechanism for appointing guardians to the asylum seekers
    who were unaccompanied minors was a problem. The country continued to
    experience an increase in arrivals of new asylum seekers from outside
    the region, including 70 Afghans, 28 Palestinians, 22 Pakistanis, five
    Eritreans, and 15 Somalis. There were no qualified interpreters in
    Pashtun, Dari, or Arabic, which made identification and conducting
    interviews very difficult. Most of these persons departed to unknown
    destinations after applying for asylum. By the end of November, the
    number of registered asylum seekers increased from 89 at the beginning
    of the year to 162. Of these individuals, 67 were accommodated at the
    Reception Center for Asylum Seekers in Vizbegovo.
        The Government issued identity documents to all asylum seekers,
    recognized refugees, and other persons under humanitarian protection.
    There were some delays noted issuing identity documents to new asylum
    seekers.
        Through November seven rejected asylum seekers, refugees, or other
    persons of concern from Kosovo obtained Macedonian citizenship.
        In practice the Government provided protection against the
    expulsion or return of refugees to countries where their lives or
    freedom would be threatened on account of their race, religion,
    nationality, membership in a particular social group, or political
    opinion, or in which they would be subjected to torture or inhuman or
    degrading treatment or punishment. However, one Nigerian asylum-seeker
    was deported to a third country before the deadline for submitting an
    appeal had expired. The UNHCR representation in Skopje ascertained that
    his deportation, likely followed by an immediate deportation to his
    country of origin, may have amounted to indirect refoulement.
        By the end of November, 1,534 asylum seekers, refugees, persons
    under subsidiary protection, and other persons of concern remained in
    the country, most of them Roma from the 1999 conflict in Kosovo. UNHCR
    continued to note progress in the return process of Roma to Kosovo,
    which it facilitated on the basis of individual voluntary requests. As
    of the end of November, 115 individuals returned to Kosovo. The
    reconstruction of 13 houses in Kosovo was ongoing with the support of
    local authorities and the international community.
        In 2009 the country adopted the National Plan for Integration of
    Refugees and Foreigners that focused on housing, education, health,
    social protection, employment, and community development. In March the
    Ministry of Labor and Social Policy assumed responsibility for social
    protection of persons granted asylum. Rejected asylum seekers from
    Kosovo continued to be assisted by UNHCR. An integration center that
    provided vocational training to persons granted asylum operated with
    the support of UNHCR. The funding for the housing component of
    integration strategy remained a key concern.

        Stateless Persons.--At the end of November, according to UNHCR
    statistics, there were 426 effectively stateless long-term habitual
    residents. There were 1,232 persons with documentation gaps who were
    considered at risk of statelessness, the vast majority of whom were
    Roma.
        Progress was achieved in the reduction of persons effectively
    stateless and at risk of statelessness. A total of 35 long-term
    habitual residents were granted citizenship during the year, while 62
    long-term habitual residents had applications pending. According to
    UNHCR, 5,030 effectively stateless long-term habitual residents
    acquired citizenship since 2004.
    Section 3. Respect for Political Rights: The Right of Citizens to
            Change Their Government
        The constitution provides citizens with the right to change their
    government peacefully, and citizens exercised this right in practice
    through periodic, generally free and fair, elections held on the basis
    of universal suffrage.

        Elections and Political Participation.--In March and April 2009,
    the country held national presidential and municipal elections. The
    OSCE characterized the elections as meeting most commitments and other
    international standards but noted that intimidation of voters,
    especially public sector employees, was a problem. In October 2009 the
    Ministry of Justice began a pilot project in two municipalities,
    Gostivar and Vinica, aimed at updating the voters' lists. An NGO which
    participated in the project complained that the methodology that was
    used was not defined, and the results were not presented to the working
    group for discussion. At year's end, plans to examine the lists of the
    remaining municipalities were announced.
        Political parties could operate without restriction or outside
    interference.
        There were 41 women in the 120-seat parliament and two women in the
    22-member Council of Ministers. The law requires gender diversity in
    each political party's candidate list; at least one in every three
    candidates must be of the gender opposite of the majority gender on the
    list. None of the country's 85 mayors were women.
        There were 29 ethnic Albanians, four ethnic Serbs, two ethnic
    Vlachs, one ethnic Turk, one ethnic Rom, one ethnic Bosniak, and one
    person formally declared as being of ``other'' nationality in the
    parliament. There were eight members of minorities in the 22-member
    Council of Ministers.
    Section 4. Official Corruption and Government Transparency
        The law provides criminal penalties for official corruption;
    however, the Government did not implement the law effectively, and
    officials often engaged in corruption with impunity.
        There were several claims during the year of government
    interference in high profile cases of ``abuse of office'' or ``misuse
    of official position'' in order to threaten noncompliant government
    officials or party members or to intimidate key opposition leaders. A
    number of current and former government officials faced charges of
    misuse of position or abuse of office, while other officials and
    opposition leaders reported threats that they would face such charges.
        Police and judicial corruption were problems. During the year the
    Judicial Council removed four judges for unprofessional and unethical
    conduct and initiated disciplinary action against 12 others.
        On January 21, the Supreme Court reversed the 2008 embezzlement
    conviction of the former governor of the National Bank of Macedonia,
    Ljube Trpeski, and ordered a retrial. Authorities released Trpeski, who
    was serving a sentence of four-and-a-half years, pending his retrial,
    which authorities had not scheduled at year's end.
        On January 29, the trial court acquitted three judges from Struga
    who, along with 10 other persons, went on trial for embezzlement and
    defrauding investors. The court convicted seven defendants and dropped
    the charges against the remaining three. At year's end, the case
    remained on defense appeal.
        In April and September 58 individuals were convicted of bribery in
    two separate trials. The court also convicted 40 of criminal conspiracy
    related to the 2009 investigation into corruption of police and customs
    officials by the Ministry of Interior. The court acquitted six
    additional defendants of all charges. Prison sentences ranged from six
    months to two years. The defendants were awaiting the decision of the
    appellate court at year's end.
        During the year retrials began for Vasil Tupurkovski, a former
    deputy prime minister and director of the Agency for Reconstruction and
    Development, who was convicted of corruption, and for former prime
    minister and former minister of defense Vlado Buckovski, who was
    convicted of abuse of office. Buckovski's retrial was ongoing at year's
    end. Tupurkovski's retrial was scheduled to begin in early 2011.
        On April 1, the trial began for one of four criminal cases returned
    in 2008 by the International Criminal Tribunal for the Former
    Yugoslavia (ICTY) to be tried in the country. for alleged war crimes
    during the 2001 conflict. The prosecution charged 22 defendants, most
    of them ethnic Albanians, with humanitarian crimes against a group of
    civilian road workers from the municipality of Mavrovo. The case is the
    only one of the returned ICTY cases that has gone to trial. The trial
    was ongoing at year's end.
        On June 11, the spokesperson of the Health Fund, Dejan Gacov,
    resigned and stated that he was ``unwilling to continue the corrupt
    policies of the Government'' which have ``bankrupted the Health Fund.''
    Afterwards, pictures of Gacov in women's clothing appeared repeatedly
    on the front page of a progovernment daily newspaper, presumably in an
    effort to discredit his allegations.
        Members of parliament and high-ranking public officials were
    subject to financial disclosure and conflict of interest laws.
        On June 24, the Anticorruption Commission filed misdemeanor charges
    against 40 public officials for failing to submit financial and
    conflict of interest statements. If convicted the officials could be
    subject to fines ranging from 1,000 to 3,000 euros ($1,325 to $3,975).
        The State Commission for the Prevention of Corruption
    (Anticorruption Commission) was responsible for investigating charges
    of corruption and complaints submitted by citizens. During the year the
    commission received 457 complaints under the Law on Corruption
    Prevention and the Law on Conflict of Interest Prevention and reviewed
    a total of 1,342 complaints, which included some from the previous
    year. The commission dismissed 675 complaints for lack of jurisdiction
    and 250 complaints as unfounded. The commission also determined that
    67complaints were duplicates, transferred 34 complaints to state organs
    for further investigation, recommended criminal prosecution in 14
    cases, and recommended disciplinary action in three cases.
        On July 20, the director of the Money Laundering Prevention Unit,
    Vane Cvetanov, resigned after the Anticorruption Commission alleged
    that he had hired staff without the permission of the Government and
    that he had misused funds. Cvetanov denied the allegations and accused
    the prime minister and his closest associates of pressure, hypocrisy,
    and unwillingness to fight serious corruption. No official charges have
    been brought against Cvetanov to date.
        On October 28, the parliament passed a Law on Prevention of
    Corruption which will cut the term of office of the members of the
    commission from five to four years and will make the members full-time
    government employees instead of part-time employees. The commission
    members opposed this law, claiming that making the members full-time
    government employees would damage the independence of the commission.
    The head of the commission said publicly that the Government wanted to
    take control of the commission to prevent his continued investigations
    into ministers and other members of the Government for corrupt or
    unethical conduct. The Government denied these allegations and
    maintained that the proposed law is in line with the country's 2009 EU
    progress report, which recommended the commission members work full-
    time.
        During the year the chairman of the anticorruption commission
    requested that the public prosecutor charge five current and two former
    mayors with violating the law on public procurement. Each mayor was
    involved in separate events in which public money was allegedly spent
    without proper tendering and open calls for bids. At year's end, the
    cases were under review by the prosecutor's office.
        At year's end, the trial of the former director general of the
    electric company, Pande Lazarov, whom authorities accused of taking
    kickbacks and of money laundering, was ongoing. Lazarov was released on
    bond pending the outcome of the trial.
        In April 2009 an appeals court upheld the trial court's conviction
    of the former director of the Public Revenue Office, Petra Miteva, for
    abuse of official position and confirmed her sentence of three years in
    prison. The Supreme Court overturned Miteva's original conviction in
    January and returned the case to the appellate court for retrial. In
    March the appellate court upheld the original conviction. A second
    appeal to the Supreme Court was pending at year's end.
        The law provides for public access to government information.
    Implementation lagged, especially in respect to citizens' access to
    court judgments and other court decisions.
    Section 5. 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. Government officials were cooperative and
    responsive to their views.
        The Government cooperated with international governmental
    organizations and permitted visits by representatives of the UN and
    other organizations.
        The ombudsman worked to protect citizens against infringement of
    their rights by public institutions, to reduce discrimination against
    minority communities and persons with special needs, to promote their
    equitable representation in public life, and to address problems of
    children's rights. The ombudsman has the right to visit all detained
    persons and to report findings to the UN. Most complaints that the
    ombudsman received concerned violations of judicial procedures; police
    abuse; prisons; and labor, consumer, or property rights. The ombudsman
    reported good cooperation and communication with the Government but
    noted that, while government responses to its inquiries were usually
    timely, they were often not substantive and at times lacked requested
    information.
    Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
        The constitution and law prohibit discrimination based on gender,
    race, disability, , religion, or national, social, or political
    affiliation, and the Government generally enforced these prohibitions.
    In April parliament passed a new antidiscrimination law, scheduled to
    be implemented at the beginning of 2011 that protects against most
    forms of discrimination. The new law provides for a seven-member
    commission to review discrimination complaints, to issue
    recommendations, and to promote the implementation of the law; however,
    the commission has no power to punish offenders. The law provides for
    fines ranging from 400 to 1,000 euros ($530 to $1,325), which courts
    can issue against individuals or legal entities found guilty of
    discrimination.

        Women.--The law specifically prohibits rape, including spousal
    rape; however, legal sanctions were not a significant deterrent. The
    penalties for rape or forcible sexual assault range from one to 15
    years imprisonment, but due to poor enforcement of the law, the
    penalties, although sufficient, did not serve as a significant
    deterrent. As with domestic violence, police and judicial officials
    were reluctant to prosecute spousal rape, and many victims did not come
    forward due to social stigma.
        Domestic and other violence against women was a persistent and
    common problem. Cultural norms, including victims' concerns over
    possible shame to the family, discouraged the reporting of violence
    against women and the filing of criminal charges. Domestic violence is
    illegal, but authorities rarely enforced the law in practice.
        There were three NGO-operated and seven limited-capacity government
    shelters for women at risk, a national NGO-operated hotline, and two
    crisis centers for temporary (24- to 48-hour) shelter for victims of
    domestic violence. Local NGOs combating domestic violence relied
    largely on international donors. The Government sponsored a public
    campaign against domestic violence that uses well known women from
    throughout society to raise public awareness of the issue.
        A program implemented by the UN Development Program with the
    Ministry of Labor and Social Policy that provides training to improve
    professional skills and opportunities for self-employment for victims
    of domestic violence was initiated. The program also provided payments
    for a period of six months to companies that employed women who were
    victims of domestic violence.
        Sexual harassment of women in the workplace was a problem,
    particularly in the private sector. The law prohibits sexual harassment
    in the workplace. The criminal code provides a sentencing guideline of
    three months to three years for sexual harassment. Authorities could
    prosecute sexual harassment under the law, but victims have generally
    not brought cases forward due to fear of publicity and possible loss of
    employment. Although women remained underrepresented in the higher
    levels of government and the private sector, there were several
    prominent professional women in the public sector, including the
    interior and culture ministers.
        Couples had the right to decide freely and responsibly the number,
    spacing, and timing of their children and means to do so free from
    discrimination, coercion, and violence. Contraceptives were widely
    available and affordable. Obstetric and postpartum care was available
    at hospitals throughout the country and was accessible to expectant and
    new mothers either through medical coverage provided to employed
    persons through their employers or to unemployed persons through the
    national welfare systems. According to recent UN estimates, the
    maternal mortality rate in the country is nine deaths per 100,000 live
    births. Women and men were equally diagnosed and treated for sexually
    transmitted infections including HIV.
        The Department of Gender Equality in the Ministry of Labor and
    Social Policy was responsible for ensuring the legal rights of women.
    There were gender commissions at the municipal council level.
        Women from ethnic Albanian and Romani communities did not have
    equal opportunities for employment and education due to traditional or
    religious restrictions on their education and role in society. In some
    Albanian communities, the practice of men directing voting (or voting
    on behalf of female family members) disenfranchised women.

        Children.--The law determines citizenship primarily by citizenship
    of parents, but the law allows for acquisition of citizenship by birth
    in the country's territory for a child found in the territory of
    Macedonia with unknown parents, if authorities do not discover that the
    parents are foreigners before the child reaches the age of 18. Births
    of all children in hospitals and medical institutions are registered
    automatically, and the law requires that all children, including those
    born at home or elsewhere, be registered at magistrate offices within
    15 days of birth. Some Romani families delayed registration of
    newborns, making it difficult for these individuals to access
    educational, medical, and other benefits later in life because they
    lacked proper identity documents.
        The country's schools suffered from chronic underfunding and
    insufficient classroom space. Many schools offered classes in shifts,
    usually divided along ethnic lines. Boys and girls generally had equal
    access to education, although there were isolated instances of
    discrimination against girls in educational institutions in some ethnic
    Albanian areas.
        Child abuse was a problem in some areas. The Center for Social Work
    of the Ministry of Labor and Social Policy and the Department for
    Juvenile Delinquency of the Ministry of Interior were responsible for
    addressing child abuse. NGOs were also active in this area. There were
    reports that Roma often organized their children into groups to beg for
    money in public places.
        An NGO operated a helpline and e-mail address for battered or
    abused children. It conducted advertizing campaigns aimed at children
    to promote the helpline.
        Child marriage occurred in the Romani community and, to a lesser
    extent, in the ethnic Albanian community, but it was difficult to
    estimate numbers because child marriages were rarely registered.
        According to 2008 data from the UN Children's Fund, there were
    between 500 and 1,000 street children in the country; most of them
    Roma. With international support, the Ministry of Labor and Social
    Policy operated four day centers for street children.
        The country is a party to the 1980 Hague Convention on the Civil
    Aspects of International Child Abduction. For information on
    international parental child abduction, please see the Department of
    State's annual report on compliance at http://travel.state.gov/
    abduction/resources/congressreport/congressreport--4308.htm

        Anti-Semitism.--The Jewish community estimated that 250 to 300 Jews
    lived in the country. There were no reports of anti-Semitic acts.
    Please see www.state.gov/g/drl/irf/rpt.

        Trafficking in Persons.--For information on trafficking in persons,
    please see the State Department's annual Trafficking in Persons Report
    at www.state.gov/g/tip.

        Persons With Disabilities.--Persons with disabilities faced
    discrimination in employment, education, and access to health care and
    other state services. The law requires persons with physical or mental
    disabilities to obtain approval from a medical commission of the
    Government to serve in supervisory positions in both the private sector
    and the Government. The law does offer incentives to certain ``shelter
    companies'' to provide employment for persons with disabilities, but
    NGOs reported that restrictions on which companies qualified limited
    employment opportunities for persons with disabilities. The new
    antidiscrimination law, which passed in April, allows for those who
    allege discrimination to submit their complaints to the Commission for
    Protection Against Discrimination.
        The law requires only that new buildings be made accessible to
    persons with disabilities. Many public buildings remained inaccessible.
    Inconsistent inspection resulted in construction of new facilities that
    were not accessible for persons with disabilities.
        Advocates stated that employers were reluctant to hire persons with
    disabilities and that the difficulty of accessing educational and other
    opportunities prevented the full integration into society of persons
    with disabilities.
        The Ministry of Labor and Social Policy is responsible for
    integrating persons with disabilities into economic life and for the
    payment of benefits. In practice disability benefits did not cover the
    cost of living. Advocates indicated that employment and life-skills
    training programs for persons with mental and physical disabilities
    were very limited and did not contribute significantly to economic
    integration.

        National/Racial/Ethnic Minorities.--According to the 2002 census,
    the population was 64.2 percent ethnic Macedonian, 25.2 percent ethnic
    Albanian, 3.9 percent ethnic Turkish, 2.7 percent ethnic Roma, 1.8
    percent ethnic Serbian, 0.8 percent ethnic Bosniak, and 0.5 percent
    ethnic Vlach.
        Relations between the ethnic Macedonian majority and the ethnic
    Albanian minority were strained.
        On April 28, security forces confiscated a large cache of weapons
    after intercepting a group of militants along the border with Kosovo. A
    group claiming to represent the ``National Liberation Army,'' the
    ethnic Albanian militant organization which operated during the 2001
    conflict, claimed responsibility. In a separate incident, on May 12,
    security forces shot and killed four ethnic Albanian militants, three
    from Macedonia and one from Kosovo, who were transporting explosives
    and other weapons near the border with Kosovo (see section 1.a.).
    Reports indicated that the actions of the security forces were
    justified; however, interethnic tensions increased after these two
    incidents.
        Students from different ethnic groups usually studied in separate
    classrooms, separate school shifts, or at separate facilities, either
    due to linguistic differences or at their parents' request.
        Ethnic Albanians continued to complain of unequal representation in
    government ministries. Ethnic Macedonians often claimed that employers
    targeted them for reverse discrimination in downsizing, regardless of
    performance. Some ethnic Albanians claimed that discrimination in
    citizenship decisions by the Ministry of Interior, which has authority
    to grant, revoke, interrupt, or confirm a person's citizenship,
    effectively disenfranchised them.
        The law provides for protection of minority rights and integration
    of all sectors of society. The Government has a secretariat to hold
    accountable those state institutions that do not comply with the
    strategy for equitable minority representation. According to the
    secretariat, there were 800 new public administration jobs advertised
    and 360 new jobs offered to ethnic minorities during the year. Data
    from September showed that ethnic minorities accounted for
    approximately 24 percent of employees of state institutions.
        Minorities remained underrepresented in the military, despite
    efforts to recruit qualified minority candidates. Minorities
    represented 26 percent of the army while ethnic Albanians accounted for
    18 percent.
        The law provides for primary and secondary education in the
    Macedonian, Albanian, Turkish, and Serbian languages. The number of
    minority students who received secondary education in their native
    languages continued to increase, especially after secondary education
    became mandatory.
        Ethnic Turks complained of discrimination. Their main concerns were
    slow progress in achieving equitable representation in government
    institutions, the absence of ethnic Turkish majority municipalities,
    and the inadequacy of Turkish-language education and media.
        Roma complained of widespread societal discrimination. NGOs and
    international experts reported that employers often denied Roma job
    opportunities, and some Roma complained of lack of access to public
    welfare funds. Romani NGOs also reported that proprietors occasionally
    denied Roma entrance to their establishments.
        The Government funded implementation of the national strategy for
    the Romani decade, including assistance with education, housing,
    employment, and infrastructure development. The Government also
    continued to fund Romani information centers that directed Roma to
    educational, health care, and social welfare resources. Increased NGO
    and government funding to eliminate barriers to education for Romani
    students resulted in continued increases in school attendance rates.
    For the 2009-10 school year, there were 13 percent more Romani students
    enrolled in primary education and 26 percent more in secondary
    education than during the previous school year.

        Societal Abuses, Discrimination, and Acts of Violence Based on
    Sexual Orientation and Gender Identity.--There were two registered NGOs
    addressing lesbian, gay, bisexual, and transgender (LGBT) issues.
    Activists representing the rights of LGBT individuals reported
    incidents of societal prejudice, including harassment and use of
    derogatory language, including in the media.
        The Government removed sexual orientation as a protected category
    from the antidiscrimination law just before it was submitted to
    parliament for a vote. NGOs, the media, and the international community
    criticized the Government for the law's exclusion of sexual
    orientation--a provision required for membership into the EU.
        NGOs condemned the use of text books at the university and high
    school levels that treated homosexuality as a disease and sexual
    disorder. They complained that this increased societal discrimination
    against members of the LGBT community.
        On November 16, LGBT activists participated in a march in central
    Skopje to mark the International Day for Tolerance. Two representatives
    of the LGBT community addressed the crowd and reporters.

        Other Societal Violence or Discrimination.--There were no reports
    of societal violence and isolated reports of discrimination, in the
    form of employment discrimination and impeded access to health care,
    against persons with HIV or AIDS.
    Section 7. Worker Rights

        a. The Right of Association.--The law provides for the right to
    form and join independent unions without previous authorization or
    excessive requirements and workers did so in practice.
        Unions may freely register with the Central Registry of Macedonia.
    More than 50 percent of the legal workforce belonged to labor unions,
    and unions were particularly well represented in the public sector.
    There were two major union federations, the Confederation of Trade
    Unions of Macedonia (SSM) and the Confederation of Free Trade Unions
    (KSS). Several unions were not affiliated with either of the two
    confederations, including unions of journalists, police officers,
    farmers, financial sector workers, and health care workers.
        The law provides for the right to strike, and workers, including
    civil servants, exercised this right in practice. The law grants
    members of the military and police a restricted right to strike. During
    a strike, the law allows employers to ``exclude'' or temporarily
    release up to 2 percent of workers whom they believe are potentially
    violent or engaged in ``undemocratic activity'' and are obstructing the
    negotiations between the workers and the employer. The law requires
    employers to pay the workers' benefits during the exclusion period and
    to rehire them after the strike. The unions maintained that this
    provision allows employers to exclude union leaders from negotiations
    during a strike. If authorities declare a strike illegal, employers may
    dismiss participants or sue them for damages.

        b. The Right to Organize and Bargain Collectively.--The law allows
    unions to operate without interference; however, the Government did not
    always enforce these laws in practice. The law protects the right to
    bargain collectively, and most unions had collective bargaining
    agreements. The law, however, requires that trade unions represent 20
    percent of workers in either the public or private sector, and 10
    percent of employers in order to negotiate these agreements. Collective
    bargaining agreements covered all legally employed workers for the
    public or private sectors. Studies indicate that a significant number
    of employees are not part of the legal workforce. Estimates of the size
    of the gray economy fall between 15 percent and 40 percent of GDP.
        The law prohibits antiunion discrimination; however, it existed in
    practice. Employers were rumored at times to have interfered in the
    internal affairs of unions by attempting to influence union election
    campaigns or running their own candidates in the elections.
        There is one export processing zone where two foreign-owned
    companies operated and where several other companies were in the
    process of building factories. There are no special laws or exemptions
    from regular labor laws in the zone.

        c. Prohibition of Forced or Compulsory Labor.--The law prohibits
    forced or compulsory labor, including by children; however, forced
    labor still occurred. Women and children were trafficked for commercial
    sexual exploitation and forced labor in the service sector. Romani
    children were especially vulnerable to trafficking for forced begging,
    usually by family members, which often took place at busy
    intersections, on street corners, and in restaurants.

        d. Prohibition of Child Labor and Minimum Age for Employment.--
    There are laws to protect children from exploitation in the workplace,
    including a prohibition of forced or compulsory labor, and the
    Government effectively enforced these laws in practice. The law
    mandates a prison sentence of at least eight years for anyone who buys,
    sells, keeps, or takes children or minors for the purpose of
    exploitation.
        The minimum age for employment is 15 years old. Children 14 years
    of age can work as apprentices or as part of an official education
    program. The law prohibits employing minors under the age of 18 years
    old in work that is detrimental to their physical or psychological
    health and morality. The law also prohibits minors from working nights
    or more than 40 hours per week.
        There were no official reports of illegal child labor during the
    year; however, there was evidence that individuals used such labor in
    the gray economy, primarily involving children who begged and sold
    cigarettes and other small items at open markets, in the streets, in
    bars, or in restaurants, sometimes at night. The children involved in
    these activities were primarily Roma and most often worked for their
    parents. Officials did not punish such violations, and children
    remained vulnerable to exploitation.
        The Ministry of Labor and Social Policy is responsible for
    enforcing laws regulating the employment of children. Government
    efforts to eliminate forced begging by children have been largely
    ineffective; although the necessary laws were in place, there was
    little practical implementation.
        During the year the Ministry of Labor and Social Policy funded
    three centers that provided education, medical, and psychological
    services to children who beg on the street. NGOs funded two additional
    centers for children in Skopje with support from the Government.
    International donors supported programs to prevent children from
    begging on the street and to increase school enrollment of children at
    risk for such work.

        e. Acceptable Conditions of Work.--The country does not have a
    national minimum wage established by law. According to official
    statistics, the average monthly net wage in June was 20,424 denars
    ($433), which did not provide a decent standard of living for a worker
    and family. The Government statistics office estimated that
    approximately 29 percent of the population lived below the poverty line
    in 2008, the most recent year for which data were available.
        The law establishes a 40-hour workweek with a minimum 24-hour- rest
    period, and vacation and sick leave benefits. Employees may not legally
    work more than 10 hours of overtime per week, 20 hours per month, or
    190 hours per year. According to the collective agreement between the
    Government and the unions, employees in both the public and private
    sector have a right to overtime pay at 135 percent of regular pay. By
    law collective agreements apply to all workers whether union members or
    not. In addition the law entitles employees who work more than 150
    hours of overtime per year to a bonus of one month's salary. However,
    many employers hired workers without complying with the law. In
    particular small retail businesses often required employees to work
    well beyond the legal limits. During the year the Labor Inspectorate of
    the Ministry of Labor and Social Policy filed complaints against
    several private businesses for forcing employees to work long hours
    without the breaks required by law and for not legally registering all
    employees. In the case of such violations, labor inspectors have the
    legal authority to close an establishment until the employer corrects
    the violations. In cases of repeated violations, the owners can be
    fined. During the year authorities temporarily closed more than 1,000
    companies due to labor violations such as the employment of
    nonregistered workers. No record of the number of employers fined was
    available.
        The Ministry of Labor and Social Policy did not strictly enforce
    laws and regulations on worker safety. While workers have the legal
    right to remove themselves from situations that endanger their health
    or safety without jeopardy to their future employment, employers did
    not always respect this right in practice.

                                   __________

                                     MALTA

        Malta is a constitutional republic and parliamentary democracy with
    a population of approximately 400,000. The president is the head of
    state and is appointed by the unicameral parliament (House of
    Representatives). The president appoints as prime minister the leader
    of the party that gains a majority of seats in parliamentary elections.
    General elections held in 2008 were judged free and fair. Security
    forces reported to civilian authorities.
        The Government reportedly detained irregular migrants under harsh
    conditions. Lengthy delays in the judicial system sometimes diminished
    individuals' due process guarantees, and there were some restrictions
    on free speech. Societal problems included child abuse, trafficking in
    persons, and substandard work conditions for irregular migrants.
                            respect for human rights
    Section 1. Respect for the Integrity of the Person, Including Freedom
            From:

        a. Arbitrary or Unlawful Deprivation of Life.--There were no
    reports that the Government or its agents committed arbitrary or
    unlawful killings.

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

        c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
    Punishment.--The constitution and law prohibit such practices; however,
    authorities detained irregular immigrants under harsh conditions for up
    to 18 months during the review of their protected status. During the
    year only 27 new migrants were received in the country and the vast
    majority of irregular migrants previously held in detention centers
    were released as their cases ``aged out.'' At year's end there were 78
    persons held in detention. During the year the Office of the UN High
    Commissioner for Refugees (UNHCR) continued to provide training for
    authorities in handling detainees.
        In 2008 authorities charged four prison wardens with assaulting and
    seriously injuring a prisoner following his attempt to escape from a
    government correctional facility. The case continued at year's end,
    with no change in status.

        Prison and Detention Center Conditions.--Prison and detention
    center conditions generally met international standards, and the
    Government permitted visits by independent human rights observers;
    however, there continued to be reports of poor conditions in
    government-run detention centers for irregular migrants.
        As of July the prison population of 589 inmates consisted of 510
    men, 39 women, and 40 juveniles (36 men and four women). Of the adult
    prison population, 234 were foreigners, representing nearly 40 percent
    of the total prison population. Approximately 61 percent of these
    foreigners were of African descent.
        Men and women were held separately. Juveniles were separated from
    adults in most cases; however, first-time offenders were housed in the
    same building as juveniles. Pretrial detainees were held together with
    convicted prisoners, albeit with those incarcerated for lesser crimes
    and shorter sentences. Due to a decrease in the number of detainees,
    Lyster Barracks, one of the two migrant detention centers, was closed
    during the year, leaving Safi as the only functioning closed center.
    The reduced population also produced the result that issues associated
    with overcrowding, such as poor ventilation and insufficient sanitary
    facilities no longer represented significant problems.
        Authorities permitted prisoners and detainees to submit uncensored
    complaints to judicial authorities and to request investigation of
    credible allegations of inhumane conditions. There are no political
    prisoners held in the country.
        The situation improved in many of the ``closed'' detention centers
    as a result of the significant decrease in the number of migrants
    entering the country. Toilet and kitchen facilities were also renovated
    or built in some of the centers over the course of the year. As of
    December the population in the closed centers had been reduced to the
    point where only one remained open, housing approximately 75 migrants;
    the population in the open centers dropped to 2,000.
        The Government permitted occasional visits to its detention centers
    by independent human rights observers, including foreign diplomats. In
    January 2009 a mission of the UN Working Group on Arbitrary Detention
    visited the country at the Government's request. Authorities granted
    the mission access to the Safi and Lyster Barracks closed centers, the
    Corradino Correctional Facility, the closed wards at Mount Carmel
    Hospital, and to detention facilities at the Police General
    Headquarters, the Valletta Police Station, and the Armed Forces of
    Malta (AFM). The UN report, released in January, noted a number of
    positive features of the institutions and laws in place to prevent
    arbitrary detention; however, the delegation also suggested that the
    detention regime imposed on irregular migrants arriving by sea was not
    in line with international human rights law. The report noted that such
    detainees remained for long periods in substandard conditions which,
    particularly in the cases of the Safi and Lyster Barracks, were
    described as adversely affecting the health, including the mental
    health, of some detainees. It expressed particular concern over the
    detention of migrants deemed vulnerable (e.g., minors, pregnant women,
    and families with children).
        During the year the Refugee Commissioner's Office expanded the
    number of asylum determination officers to 10, which reduced to fewer
    than 60 days the time migrants were required to wait for a
    determination of status. Migrants who were found not eligible for
    asylum or subsidiary protected status, or who were not otherwise deemed
    to be vulnerable as a result of age, sex, health, or mental condition
    or otherwise, were still required to remain in detention for 18 months.
    The European Court of Human Rights (ECHR) has thus far declined to rule
    such detention improper. Vulnerable migrants were moved to other
    centers and provided with care appropriate to their conditions.
    Migrants determined to be minors were placed under ``care orders'' that
    resulted in their being moved to residential facilities and provided
    with needed services, including education or training.
        In March 2009 the NGO Doctors without Borders (MSF) suspended
    activities at three detention centers for migrants on the grounds that
    it could not ``offer adequate medical care'' in what were referred to
    as ``appalling'' living conditions. Following MSF's departure,
    authorities removed tent housing from the camps mentioned in the MSF
    report and replaced them with trailer-type living facilities. They
    rehabilitated the facilities at Lyster Barracks to include upgraded
    toilet and kitchen facilities. The Government was also receptive to
    donations of clothing and other materials, and to the continued
    provision of educational assistance by outside groups, including NGOs
    and a foreign embassy. In July 2009 MSF resumed its activities at the
    Ta'Kandja closed center after discussions with authorities. By year's
    end, however, MSF did not appear to be working in country, and
    theTa'Kandja closed center was no longer in operation.

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

        Role of the Police and Security Apparatus.--Civilian authorities
    maintained effective control over the police force, the security
    service, and the armed forces, and the Government has effective
    mechanisms to investigate and punish abuse and corruption. There were
    no reported problems related to impunity within the police force or
    security service.

        Arrest Procedures and Treatment While in Detention.--With the
    exception of irregular migrants, whom authorities almost always
    detained for six to 18 months pending adjudication of any asylum
    requests, an arrest warrant issued by a magistrate is generally
    necessary to detain a person for questioning and may be issued on the
    basis of reasonable suspicion. According to the constitution, police
    must either file charges or release a suspect within 48 hours; in all
    cases authorities must inform detainees of the grounds for their
    arrest. Police generally respected these requirements in practice. As
    of February, procedures related to the right of access to counsel prior
    to interrogation changed. Accordingly during the 48-hour detention
    period, generally including initial interrogation by police, arrested
    persons were entitled to access to legal counsel prior to
    interrogation, but not to family members. Once authorities filed
    charges, pretrial detainees were entitled to access to counsel and
    family. Authorities adjudicated applications for bail on a case-by-case
    basis and normally granted them in the case of citizens. The UN Working
    Group on Arbitrary Detention noted that ``the rules of release on bail
    are not applied equally to Maltese citizens and foreigners alike.''
    Foreign criminal defendants who insist on their right to a trial by
    jury have in some instances been confined for more than two years
    awaiting arraignment and trial.

        e. Denial of Fair Public Trial.--The constitution provides for an
    independent judiciary, and the Government generally respected judicial
    independence in practice.

        Trial Procedures.--The constitution provides for the right to a
    fair and public jury trial, and an independent judiciary generally
    enforced this right. Defendants enjoy a presumption of innocence.
    Trials are public and juries are used if requested by the defendant.
    Defendants have the right to counsel of their choice or, if they cannot
    afford counsel, to court-appointed counsel at public expense.
    Defendants and their lawyers have access to government-held evidence
    relevant to their cases. Defendants may confront witnesses and present
    evidence; defendants enjoy a presumption of innocence and have the
    right to appeal. All citizens enjoy these rights.

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

        Regional Human Rights Court Decisions.--During the year the ECHR
    issued a total of four judgments that found a violation by the state of
    obligations under the European Convention on Human Rights (the
    convention). The judgments found two violations for lawful arrest or
    detention and the right to a prompt trial, one violation for respect
    for family life/privacy, and one violation involving protection of
    property. The country complied only partially with ECHR decisions.
        In one case, the ECHR ruled on July 20 that a wait of 28 months to
    register a marriage performed in Russia violated the convention.
        On July 27, in a case involving a detained migrant, the ECHR ruled
    that the applicant had no effective remedy to challenge the legitimacy
    of his detention within the legal framework supplied by the Government.
    The ECHR awarded the applicant 12,000 euros ($16,080); the migrant was
    still slated to be deported despite the ECHR recommendation of an
    extension of his stay. By year's end the migrant had been deported to
    Tunisia, and the Government had not yet made the payment ordered by the
    ECHR.
        In a case involving the rights to bail and a speedy trial, the ECHR
    ruled that the Government was in violation of Article 5 of the
    convention by failing to strike a balance between the administrative
    regulations regarding conditional release on bail and the importance of
    the right to liberty. Notwithstanding the ECHR ruling, the individual
    involved was not yet released from prison at the end of the year.

        Civil Judicial Procedures and Remedies.--The constitution provides
    for an independent and impartial court in civil matters, including for
    the determination of civil rights or obligations, and for access to a
    court to bring lawsuits seeking damages for, or cessation of, a human
    rights violation. Persons who have exhausted their right to appeal in
    the national court system could apply to bring an alleged breach of
    human rights covered by the European Convention on Human Rights before
    the ECHR. Civil and judicial procedures for the exercise of this right
    exist, and citizens regularly made use of them.

        f. Arbitrary Interference With Privacy, Family, Home, or
    Correspondence.--The constitution prohibits such actions, and the
    Government generally respected this prohibition in practice.
    Section 2. Respect for Civil Liberties, Including:

        a. Freedom of Speech and Press.--The constitution and law generally
    provide for freedom of speech and of the press; however, there are
    restrictions on ``vilification'' of or ``giving offense'' to the Roman
    Catholic Apostolic Religion, the country's official church. Also
    illegal, but carrying a lesser punishment, is vilification of or giving
    offense to any ``cult tolerated by law.'' It is an offense to utter
    publicly any obscene or indecent words or make obscene acts or gestures
    or in any other way offend public morality, propriety, or decency.
    According to the newspaper Times of Malta, the home affairs minister
    told parliament in October that, in the first three months of the year,
    authorities initiated criminal proceedings against 162 persons for
    public blasphemy; they began similar proceedings against 621 persons
    during 2008.
        The independent media were active and expressed a wide variety of
    views without restriction. International media operated freely, and
    there was no indication of reprisals against individuals for either
    public or private criticism of the Government.

        Internet Freedom.--There were no government restrictions on access
    to the Internet or reports that the Government monitored e-mail or
    Internet chat rooms. Individuals and groups could engage in the
    peaceful expression of views via the Internet, including by e-mail.
        Internet use was widespread; an estimated 59 percent of households,
    90 percent of schools (state, church, and private) had Internet access,
    and another 90 percent of businesses had a broadband connection.
    Numerous Internet cafes and many blogs operated freely throughout the
    islands. According to International Telecommunication Union statistics
    for June, approximately 59 percent of the country's inhabitants used
    the Internet. A 2009 Eurostat study showed that 64 percent of
    households had Internet access, up from 54 percent in 2007. There were
    no government attempts to request, obtain or disclose the personally
    identifiable information of a person in connection with that person's
    peaceful expression of political, religious, or ideological opinion or
    belief.

        Academic Freedom and Cultural Events.--There were no government
    restrictions on academic freedom.
        The law restricts cultural activities that publicly vilify the
    Catholic Church and other religions tolerated by law.
        In February 2009 the Board of Film and Stage Classification
    prohibited production of the Anthony Neilson play, Stitching, on the
    basis that it was blasphemous and obscene. The production company,
    Unifaun Theater Company, instituted legal proceedings against the
    prohibition. In June the Constitutional Court upheld the banning of the
    play as lawful and in accordance with Maltese and European law. The
    production company stated that it would appeal the verdict, but there
    was no change in status at year's end.
        In March 2009 authorities arrested, tried, and gave a suspended
    one-month prison sentence to a man convicted of giving offense to the
    Roman Catholic Apostolic Religion by dressing as Jesus Christ during
    February carnival festivities in the village of Nadur. In July
    exhibition organizers at the Gozo Arts Festival in Gozo, the second
    largest of the Maltese islands, prohibited the exhibition of some
    paintings by Macedonian painter Aleksandar Stankovski for being too
    lewd and disrespectful. The incident was followed by a peaceful march
    in the capital city by the Front Against Censorship later on in the
    month. There were no reported incidents.
        In October 2009 the University of Malta authorities deemed an
    article in a student publication on campus, Il-Realta, ``vulgar.'' In
    January the police filed criminal charges both against the
    publication's editor and the author. At year's end the case had not yet
    come to trial.

        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.--For a complete description of religious
    freedom, see the 2010 International Religious Freedom Report at
    www.state.gov/g/drl//irf/rpt.

        d. Freedom of Movement, Internally Displaced Persons, Protection of
    Refugees, and Stateless Persons.--The constitution provides for freedom
    of movement within the country, foreign travel, emigration, and
    repatriation, and the Government generally respected these rights in
    practice. The Government generally cooperated with the UNHCR and other
    humanitarian organizations in providing protection and assistance to
    refugees, asylum seekers, stateless persons, and other persons of
    concern. However, irregular migrants were subject to mandatory
    incarceration while their immigration status was under review.
        The constitution prohibits forced exile, and the Government did not
    employ it.

        Protection of Refugees.--The law provides for the granting of
    asylum or refugee status, and the Government has established a system
    for providing protection to refugees.
        In practice the Government consistently provided some protection
    against the expulsion or return of refugees to countries where their
    lives or freedom would be threatened on account of their race,
    religion, nationality, membership in a particular social group, or
    political opinion. In addition migrants not qualifying for refugee
    status, but from countries to which their return would be unsafe as a
    result of war or other conditions, were granted subsidiary protected
    status, which permitted their stay in the country on a year-to-year,
    renewable basis.
        In July Maltese and Libyan patrol boats responded to a distress
    call from a vessel of Somali migrants; 28 of the rescued migrants were
    taken to the country and the remaining 27 were believed to be returned
    to Libya. This was reportedly the first time Libyans and Maltese
    vessels cooperated in a rescue operation. The Government announced that
    the 27 migrants who returned to Libya did so voluntarily. Both the
    UNHCR and a local NGO, the Jesuit Refugee Service (JRS), questioned
    official government assertions that the migrants who returned to Libya
    did so voluntarily, and the case produced considerable controversy. The
    migrants who were brought to the country consisted of 22 men, five
    women and a baby. The baby and his mother were initially taken to a
    hospital before being transferred to an ``open center'' where they
    could come and go freely once medical clearance was granted. All other
    migrants were held at the Safi Barracks ``closed center,'' where they
    could be held for up to 18 months, unless granted asylum or some other
    protected status earlier.
        The issue of how the migrants were divided between Libya and Malta
    remained controversial, with one rescued migrant claiming his wife was
    one of those returned to Libya while the AFM denied the claim. Senior
    AFM officials maintained that all efforts were made to take potential
    humanitarian cases, claiming that in three instances when individuals
    indicated that family members were aboard the Libyan boat, these
    relatives were reportedly transferred to the AFM boat. Meanwhile, NGOs
    expressed their ``grave concern'' about the fate of the migrants who
    were returned to Libya and whether half the migrants had in fact
    volunteered to return.
        The country, as an EU Member State and a member of the Schengen
    Zone, followed laws and policies established by those bodies related to
    safe country of origin and transit.
        Authorities detained irregular migrants for up to 18 months after
    they arrived in the country, generally in closed detention centers. The
    length of the procedure was reportedly related to the need to establish
    the migrant's identity, country of origin, etc., since migrants nearly
    always arrived without identity documents. Such migrants could file
    asylum claims within two months of their detention; however, they
    remained in detention while their cases were processed.
        According to the UNHCR, migrants spent an average of six months in
    detention in 2009. Due to a decrease in traffic, this dropped to two
    months during the year. Detainees also included persons who did not
    apply for asylum and those whose asylum applications and appeals were
    rejected or were under review. Individuals awaiting decisions on their
    cases occasionally protested their detention or attempted to escape
    from detention centers. Within days to weeks of their initial
    detention, authorities usually moved ``vulnerable individuals,'' such
    as children, pregnant women, elderly persons, and parents with infants,
    to ``open centers,'' where they were free to come and go. The armed
    forces are responsible for the management of the closed detention
    centers and report directly to the Ministry of Justice and Home
    Affairs, while the Agency for the Welfare of Asylum Seekers (AWAS), a
    part of the Ministry of Justice and Home Affairs, has responsibility
    for the welfare and accommodation of persons transferred from detention
    centers to open centers. Individuals were not required to stay in open
    centers if they could find other accommodations.
        Authorities released all detainees whose cases were not resolved
    within 18 months, whether or not police had arranged to repatriate
    them. They were permitted to remain in the country, allowed to stay in
    ``open centers,'' and given work permits. EU law prohibited them from
    travelling to other EU countries, and they were not eligible to bring
    family members to the EU. They were eligible for voluntary repatriation
    programs, but most did not choose to participate. There were no
    significant changes to this general pattern, although there was a
    drastic drop in migrant arrivals during the year. As of year's end,
    there were approximately 2,000 migrants living in three open centers.
        Overcrowding continued to persist at the country's largest migrant
    housing center in Marsa. Friable asbestos was present in one of the
    common areas. In other centers, high temperatures in the summer months
    and inadequate ventilation in tent housing and prefabricated housing
    units contributed to uncomfortable living conditions. In the winter
    months, tent housing had limited heating and rain could penetrate the
    not fully waterproof fabric.
        Detainees had reasonable access to visitors and were permitted
    religious observance. The Government prevented Muslim detainees at the
    Hal-Far migrant center from using a megaphone to gather the faithful
    for the call to prayer, indicating that community religious facilities
    were available and the establishment of a de facto religious facility
    inside the center was inconsistent with its policy. While the call to
    prayer was not prohibited, use of a megaphone at a particular location
    in order to assemble individuals for prayers was.
        The Government improved the ``open center'' facilities, where the
    majority of migrants found themselves at year's end. With EU funding,
    the Government built new kitchen and hygienic facilities at the Hal-Far
    center. All migrants have moved out of the hangars and into portable
    homes.
        The Government provided asylum to 41 applicants as of October. In
    addition 157 individuals were granted subsidiary protection; 321 were
    granted temporary humanitarian protection, 314 of whom had had their
    applications rejected earlier, had exhausted all asylum request
    possibilities, but had been in the country for a number of years
    because they could not be returned to their countries of origin. From
    2004 onward, most asylum seekers were from Ethiopia (28); in 2009, most
    were from Syria (7). In every year most of those granted subsidiary
    protected status or other humanitarian protected status have been from
    Somalia--3,743 overall and 1,445 in 2009. From January through June,
    the Government provided ``subsidiary protection'' to 128 persons not
    legally entitled to asylum.
        Beneficiaries of subsidiary protection, introduced in 2008 with the
    implementation into domestic law of an EU Council directive, were
    entitled to remain in the country; move freely; be granted personal
    identification documents, including a one-year renewable residence
    permit; and obtain travel documents in emergency situations. They could
    be employed, subject to labor market considerations; receive core
    social welfare benefits; seek appropriate accommodations; and benefit
    from integration programs, public education and training, and essential
    medical care, especially in the case of vulnerable persons. Their
    dependents, if in the country when the status was conferred, enjoyed
    the same rights and benefits. However this status does not provide
    family reunification, a path to citizenship, or other benefits of
    refugee status under the 1951 Convention relating to the Status of
    Refugees.
        The Government also provides ``temporary humanitarian protection''
    as an administrative procedure in special and extraordinary cases in
    which applicants are found not to be eligible for asylum or subsidiary
    protection but are considered to be in need of protection for special
    humanitarian reasons. This protection was provided to seven persons
    from January through June.
        Protected persons can access the labor market, free state health
    care, and public schooling. If they reside in an open center, they are
    also entitled to free accommodation, the services offered by staff
    within the centers and, if unemployed, an allowance of 130.48 euros
    ($174.84) every four weeks to cover daily expenses.
    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 2008 the country held
    parliamentary elections that observers considered to be free and fair.
    In June 2009 the country held elections to the European Parliament that
    were considered free and fair.
        Political parties operated without restriction or outside
    interference.
        There were six women in the 65-seat parliament and two in the 14-
    member Cabinet of Ministers. Approximately 13 percent of senior
    government officials were women, and three women held ambassadorial
    rank. There were two female judges and six female magistrates. None of
    the country's six members of the European Parliament was a woman.
        There were no members of minorities in the Government.
    Section 4. Official Corruption and Government 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.
        In June a woman was sentenced to one year's imprisonment suspended
    for two years (whereby the sentence would not be imposed if the
    individual did not violate the law during the following two years).
    Charges included corrupting a public official in a case related to
    social benefits recipients.
        In August there were reports that police officers of the
    Administrative Law Enforcement Division accepted bribes to tip off
    hunters of impending police action to enforce hunting laws. This report
    was under investigation by the Police Commissioner, and one police
    officer was charged officially with accepting a bribe. The case
    continued at year's end.
        There were regular allegations in the press that the contract for
    the extension of the Delimara power plant was awarded to one of the
    competitors in a manner contrary to normal competitive bidding
    processes. The European Commission (EC) engaged the Government on the
    allegation and requested an explanation of the bidding process. The
    Government provided its explanation to the EC in July, and the outcome
    of the EC's review was pending at year's end.
        In November 2009 a court found former chief justice Noel Arrigo
    guilty of accepting money to reduce the sentence of a drug trafficker,
    of trading in influence, and of revealing official secrets. He received
    a prison sentence of two years and nine months. Arrigo indicated he
    would appeal the verdict and the sentence.
        Government officials are subject to financial disclosure laws; the
    court has the right to order financial disclosure, depending on its
    judgment of the circumstances. The police and the Permanent Commission
    against Corruption were responsible for combating official corruption.
        According to the Press Act, the Government is to establish
    procedures to give representatives of the press information to help
    them ``fulfill their public tasks.'' However, the scope of this mandate
    has not been defined and no implementing legislation (regulation) has
    been enacted. Access to government information in certain specified
    areas, generally dealing with matters of public interest, security or
    ongoing court proceedings, was excluded from this requirement. For
    government activities in areas not subject to disclosure under the
    Press Act, there was no legal entitlement to government-held
    information; however, authorities generally provided access. A freedom
    of information law enacted in 2008 is gradually entering into force. A
    newly established Information and Data Protections Commission, the
    regulatory agency responsible for implementing the act, began issuing
    initial directives establishing the scope of its jurisdiction.
    Section 5. 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. Government officials were cooperative and generally
    responsive to their views. The Government cooperated with UN and other
    international bodies.
        The country has an ombudsman who is empowered to investigate
    complaints about the activities of governmental bodies, including
    activities that affect human rights and issues that concern prisoners/
    detainees. The ombudsman only investigates complaints when
    administrative or judicial remedies are not available. When the
    ombudsman concludes that a complaint is wholly or partly justified, he
    submits recommendations to the public entity responsible for undoing
    the harm the complainant suffered. The ombudsman has no power to force
    acceptance of any recommended remedy; however, most of his
    recommendations were accepted. The president appoints the ombudsman
    with the consent of two-thirds of the members of parliament.
        The House of Representatives' Standing Committee on Foreign and
    European Affairs and Standing Committee on Social Affairs have
    responsibilities for human rights issues. Both committees are made up
    of members from both sides of the House of Representatives who
    collaborate closely on issues related to the committees' respective
    responsibilities. The committees generally held open hearings and their
    deliberations were normally a matter of public record unless a hearing
    was closed for security reasons. There was generally full debate on
    issues before the committees. The committees generally had a reputation
    of integrity and credibility, with legislation enacted in the areas
    under their purview enjoying widespread public support.
    Section 6. 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.--Rape, including spousal rape, is a criminal offense, and
    the Government effectively prosecuted such crimes. The crimes of rape,
    spousal rape, and indecent assault carry sentences of up to 10 years in
    prison. Rape was not perceived to be a widespread problem. However,
    there were convictions for rape during the year.
        From January through June 2009 the police domestic violence unit
    received 208 reports of domestic violence. The law makes domestic
    violence a criminal offense, and the Government effectively enforced
    the laws prohibiting it. Penalties ranged from three months to 20 years
    in prison. Some NGOs and victims' assistance advocates asserted that
    domestic violence was underreported, primarily because of concerns by
    women that they would not be believed or protected by law enforcement
    personnel.
        A special police unit and several voluntary organizations provided
    support to victims of domestic violence. There was a hotline to assist
    victims of abuse through counseling and shelter referrals. The
    Government also supported victims through the Ministry for Social
    Policy. A government-supported shelter for women and children was in
    operation throughout the year; the Government also provided financial
    support to other shelters, including one operated by the Catholic
    Church.
        Sexual harassment is unlawful and punishable by a 2,329-euro
    ($3,121) fine, six months' imprisonment, or both.
        The Government recognized the basic right of couples and
    individuals to decide freely and responsibly the number, spacing, and
    timing of their children. Health clinics and local health NGOs operated
    freely in disseminating information on family planning. There were no
    restrictions on access to contraceptives. There was a free and
    effective government health program that provided for prenatal and
    postnatal care and delivery, as well as other related medical services.
    The maternal mortality rate was low; a UN interagency group estimated
    the 2008 maternal mortality rate to be eight deaths per 100,000 women.
    Men and women received equal access to diagnosis and treatment for
    sexually transmitted infections, including HIV.
        Women have the same legal rights as men, including, but not limited
    to, family and property law. Redress in the courts for sexual
    discrimination was available. The Ministry for Social Policy and the
    National Commission for the Promotion of Equality were responsible for
    gender equality and focused on broader integration of women into
    society and advising the Government on the implementation of policies
    promoting equality of women and men.
        The constitution prohibits discrimination based on gender. This
    prohibition was generally enforced in practice.
        Women constituted a growing proportion of graduates of higher
    education and of the workforce. However, they were underrepresented in
    management and generally earned less than their male counterparts.
    According to second quarter statistics for the year, the unemployment
    rate for women was 8.1 percent compared with 6.2 percent for men.
    Figures on the wage disparity between women and men differed
    moderately: the National Commission for the Promotion of Equality
    indicated that for 2008, men were paid 17 percent more than women in
    comparable jobs. The European Foundation for the Improvement of Living
    and Working Conditions (Eurofound) reported in March that the hourly
    pay gap was 2.4 percent. According to Eurostat, between the end of 2008
    and the end of 2009, the latest period for which statistics were
    available, the female employment rate rose from 36.3 percent to 37.2
    percent, while the male employment rate decreased from 73.5 percent to
    71.5 percent.

        Children.--Citizenship generally is derived from one's parents,
    although some specific applications of the law can be complex. While
    specific data on access to health care and education for stateless
    children was not available, according to the local UNHCR
    representative, there were no reports that education and healthcare
    were denied to children.
        In 2009 the Child Protection Service of Appogg, the social welfare
    services arm of the Ministry for Social Policy, received 1,053
    referrals of possibly abused children, up from 854 in 2008. The
    service's total case turnover for 2009 was 1,194, down from 1,256 the
    previous year. There were 697 new and reopened cases, up from 464 in
    2008. In 2009 courts convicted a number of persons for the sexual abuse
    of minors. During the year 60 persons were charged, and 20 were
    convicted for such offenses. Some observers speculated that an increase
    in the legal drinking age from 16 to 17 resulted in significantly fewer
    minors' being in potentially predatory situations.
        Several individuals claiming to have been abused by clerics
    consistently claimed that authorities did not pursue cases of alleged
    sexual abuse of children by Catholic clerics unless a parent or adult
    filed a formal complaint. They alleged authorities instead allowed the
    church to handle the matter internally. Once a complaint was filed,
    however, authorities followed the same police investigative and
    judicial procedures as for other such complaints.
        Statutory rape is punishable by three to six years in prison. The
    minimum age of consent is 18. Rape committed by violence carries a
    penalty of imprisonment for three to nine years, with or without
    solitary confinement. Creation of child pornography is prohibited and
    punishable by imprisonment from one to five years (up to eight years in
    special circumstances). Possession of child pornography is also
    prohibited and punishable by imprisonment not exceeding three years.
        The country is a party to the 1980 Hague Convention on the Civil
    Aspects of International Child Abduction. For information on
    international parental child abduction, please see the Department of
    State's annual report on compliance at http://travel.state.gov/
    abduction/resources/congressreport/congressreport--4308.html.

        Anti-Semitism.--There were isolated reports of anti-Semitic acts
    during the year. The Jewish community numbered approximately 120
    persons. No specific incidents were observed or reported, apart from
    unspecified insults yelled at the Israeli Foreign Minister during a
    June visit. Police protected the Foreign Minister, but no demonstrators
    were arrested.

        Trafficking in Persons.--For information on trafficking in persons,
    please see the Department of State's annual Trafficking in Persons
    Report at www.state.gov/g/tip.

        Persons With Disabilities.--The law prohibits both the public and
    private sectors from discriminating against persons with disabilities
    in employment, education, health care, access to goods and services,
    housing, and insurance, and the Government effectively enforced these
    provisions. As of the end of September, the National Commission for
    Persons with Disabilities (NCPD), the agency responsible for
    enforcement of this law, was working on 113 discrimination complaints
    pending from previous years. During the year ending in September 2009,
    the NCPD opened investigations into 130 new cases and satisfactorily
    concluded 137.

        National/Racial/Ethnic Minorities.--The population included more
    than 10,000 persons of Arab, African, and East European origin. There
    continued to be reports that owners of some bars and discos
    periodically discouraged or prohibited darker-skinned persons,
    particularly of African or Arab origin, from entering their
    establishments. The Government took no specific action to discourage
    these problems.
        In June 2009 authorities charged a bouncer at a popular
    entertainment area with causing a serious injury followed by death
    after a Sudanese migrant whom he allegedly hit in the face died of head
    trauma. The case was ongoing at year's end.

        Societal Abuses, Discrimination, and Acts of Violence Based on
    Sexual Orientation and Gender Identity.--In June the Malta Gay Rights
    Movement staged a weeklong series of events during Gay Pride Week with
    no reported interference or harassment. The events culminated in a gay
    pride march supporting the adoption of antidiscrimination measures,
    including better access to goods and services and extending to lesbian,
    gay, bisexual and transgender (LGBT) couples the same rights as other
    family units. The country's antidiscrimination laws regarding sexual
    orientation only extend to the area of employment. Same sex couples do
    not have legal recognition or parenting or adoption rights.
        In October 2009 the Malta Gay Rights Movement hosted the
    International Lesbian and Gay Association-Europe Conference with an
    estimated 300 participants from 48 countries. It also freely carried
    out other public activities.

        Other Societal Violence or Discrimination.--There were no reports
    of discrimination against persons with HIV/AIDS.
    Section 7. Worker Rights

        a. The Right of Association.--The constitution allows workers to
    form and join unions of their choice without previous authorization or
    excessive requirements, and workers did so in practice. The law does
    not allow uniformed military and police personnel to join unions.
    Approximately 55 percent of the workforce was unionized. The law allows
    unions to conduct their activities without interference, and the
    Government protected this right in practice. Workers, with the
    exception of uniformed military and police personnel, have the right to
    strike, and during the year they exercised this right by conducting
    legal strikes. The labor law provides for compulsory arbitration;
    however, this provision was not employed during the year.

        b. The Right to Organize and Bargain Collectively.--The law
    provides for collective bargaining, and it was freely practiced.
    Employees without the right to strike or join unions participated in
    associations, such as the police association, through which they sought
    to protect their interests. According to the European Industrial
    Relations Observatory (EIRO) online, as of 2008, all 40,600 public
    sector employees were covered by collective bargaining agreements
    together with 26.7 percent of the 103,055 private sector employees.
        During the year there were no reports of antiunion discrimination
    or other forms of employer interference in union activities.
        There are no special laws or exemptions from regular labor laws in
    the country's one export processing zone.

        c. Prohibition of Forced or Compulsory Labor.--The constitution
    prohibits forced or compulsory labor, including by children; however,
    there were reports that women were trafficked, primarily from abroad,
    for purposes of forced commercial sexual exploitation.
        For information on trafficking in persons, please see the
    Department of State's annual Trafficking in Persons Report at
    www.state.gov/g/tip.

        d. Prohibition of Child Labor and Minimum Age for Employment.--
    There are laws and policies to protect children from exploitation in
    the workplace, and the Government generally implemented these laws
    effectively; however, there were unverified reports that underage
    children worked as domestic laborers, restaurant kitchen help, or
    vendors, and during the summer in family-owned businesses.
        The law prohibits the employment of children younger than 16. The
    director general of the directorate for educational services may grant
    an exemption for employment only after determining that it would not
    harm the health or normal development of the minor. Such exemptions
    were granted in practice. No legal work was specifically restricted;
    however, any work to be performed could not be regarded as harmful,
    damaging, or dangerous to a young person.
        The Employment Training Corporation (ETC), a government entity
    under the Ministry for Social Policy, is responsible for labor and
    employment issues. It generally enforced the law effectively in most
    formal sectors of the economy but allowed summer employment of underage
    youth in businesses operated by their families.
        No assessment was available of the effectiveness with which the ETC
    monitored the often unregistered employment of children as domestic
    employees, restaurant workers, and street vendors.

        e. Acceptable Conditions of Work.--The national weekly minimum wage
    of 152.59 euros ($204), combined with an annual mandatory bonus of 270
    euros ($362) and the latest cost-of-living increase of 242 euros ($324)
    (automatically adjusted annually), provided a decent standard of living
    for a worker and family. Following consultations with workers and
    employers, the Government established the minimum wage, which it
    revises annually based on changes in the cost of living.
        Irregular migrant workers from Somalia, Eritrea, Sudan, and other
    sub-Saharan African countries, who comprised a small but unquantifiable
    percentage of the workforce, sometimes worked under conditions that did
    not meet the Government's minimum standards for employment. In 2008 the
    General Workers' Union (GWU) issued a report documenting what it termed
    the ``exploitation'' of migrant workers. The general secretary of the
    GWU told a press conference that such workers were often employed in
    the most hazardous occupations, such as road construction and highway
    refuse cleanup, where traffic and environmental conditions posed a
    danger, and in the building construction trades, where accidents such
    as collapses might occur. In many cases migrants received less than the
    minimum wage. In 2008, AWAS (then called the Organization for the
    Integration and Welfare of Asylum Seekers), in coordination with the
    ETC, established informational programs to help individuals understand
    how to pursue employment and obtain work permits. The GWU and AWAS
    believed that the programs were beneficial, but there was no data to
    validate this assessment.
        In 2009 the Government ended an assisted voluntary return program
    called ``Dar'' (Maltese and Arabic for ``Home''), through which
    irregular migrants who volunteered to leave the country could receive
    free rail or air fare to their country of origin, plus 5,000 euros
    ($6,700). The program successfully repatriated 112 immigrants, the
    majority from Ghana, Nigeria, and Sudan. The Dar program was replaced
    by an 80-percent EU-funded program called ``Restart I,'' administered
    for the Government by the International Office of Migration (IOM).
    Restart provided 200 euros ($268) cash, and up to 2,000 euros ($2,680)
    toward education or business start-up costs, as well as additional
    educational preparation toward a migrant's return. Restart I
    repatriated 29 migrants to their countries of origin. ``Restart II''
    was launched at the beginning of the year and was scheduled to last
    until June 2011. As of year's end, 19 returnees had benefited from the
    program. The IOM set a goal of 100 returnees by the middle of 2011.
        The standard workweek was 40 hours, but in certain occupations,
    such as health care providers, airport workers, and civil protection
    services, 43 or 45 hours was the norm. Government regulations provided
    for a daily rest period, which is normally one hour, and one day of
    rest per week. Premium pay is required for overtime. Excessive
    compulsory overtime is prohibited, and workers cannot be obligated to
    work more than 48 hours, inclusive of overtime. The Ministry of Social
    Policy generally enforced these requirements effectively in the formal
    economy.
        The Occupational Health and Safety Authority (OHSA), a government
    entity composed of representatives of the Government, unions, and
    employers, conducted regular inspections at work sites and cited a
    number of offenders. Enforcement of health and safety standards
    continued to be uneven; industrial accidents remained frequent,
    particularly in the manufacturing, and building and construction
    sectors. Workers have the right to remove themselves from situations
    that endangered health or safety without jeopardizing their employment,
    and OHSA generally enforced this right.

                                   __________

                                    MOLDOVA

        Moldova\1\ is a republic with a form of parliamentary democracy.
    The country has an estimated population of 3.56 million, including an
    estimated 600,000 to one million citizens living outside of the
    country. The constitution provides for a multiparty democracy with
    legislative and executive branches, as well as an independent judiciary
    and a clear separation of powers between them; however, under the
    previous government led by the Party of Communists (PCRM), which was in
    power until September 2009, the president heavily influenced the three
    branches of government. In July 2009 parliamentary elections, four
    opposition parties won enough seats to establish a governing coalition,
    known as the Alliance for European Integration (AEI), which entered
    office in September 2009. On November 28, the country held
    parliamentary elections that international observers stated met most
    Organization of Security and Cooperation in Europe (OSCE) and Council
    of Europe (COE) commitments. On December 30, the Liberal Party (PL),
    Democratic Party of Moldova and the Liberal Democratic Party of Moldova
    (PLDM) announced the formation of a second AEI coalition government.
    Security forces reported to civilian authorities.
    ---------------------------------------------------------------------------
        \1\ Unless otherwise noted, all references in this report exclude
    the secessionist region of Transnistria.
    ---------------------------------------------------------------------------
        There were reports of police beatings, arbitrary detention by
    police, and occasional illegal searches. Corruption within the police
    and judiciary remained endemic. The Government unduly influenced the
    media, intimidated journalists, restricted freedom of assembly, and
    refused official registration to some religious groups. There were also
    reports of persistent societal violence; discrimination against women;
    trafficking in persons; discrimination against Roma; harassment and
    abuse of lesbian, gay, bisexual, and transgendered (LGBT) individuals;
    limits on workers' rights, and child labor. In contrast to the previous
    year, there were no reports of killings by security forces. During the
    year reports of government exercising undue influence over the media
    substantially decreased.
        In 1990, fearing a newly independent Moldova would unite with
    Romania and that the Russian-speaking population would suffer political
    and economic discrimination, separatists supported by Soviet military
    forces declared a ``Transdniester Moldovan Republic'' (Transnistria) in
    the area along the eastern border with Ukraine. The central government
    lacked ability to exercise its authority in the region, and
    Transnistrian authorities governed through parallel administrative
    structures. A 1992 ceasefire agreement established a tripartite
    peacekeeping force comprising Moldovan, Russian, and Transnistrian
    units. In Transnistria, authorities restricted the ability of residents
    to freely change their government and interfered with the ability of
    Moldovan citizens living in Transnistria to vote in Moldovan elections.
    Torture, arbitrary arrests, and unlawful detentions were regularly
    reported. Transnistrian authorities continued to harass independent
    media and opposition lawmakers; restrict freedom of association,
    movement, and religion; and discriminate against Romanian speakers.
                            respect for human rights
    Section 1. Respect for the Integrity of the Person, Including Freedom
            From:

        a. Arbitrary or Unlawful Deprivation of Life.--In contrast with the
    previous year, there were no reports that the Government or its agents
    committed arbitrary or unlawful killings.
        On May 10, a parliamentary commission concluded that police were
    likely involved in the deaths of Valeriu Boboc, Ion Tibuleac, and Eugen
    Tapu, all of whom died during the postelection demonstrations in April
    2009.
        On March 23, Chisinau mayor Dorin Chirtoaca stated that a source at
    the Ministry of Interior had provided him with new information on the
    April 2009 violence. According to this source, on the night of April 6-
    7, 2009, deputy police commissioner Serghei Cociorva ordered
    approximately 60 plainclothes officers to arrest all persons who were
    in the area of the demonstrations. On April 1, Chirtoaca released
    videotaped footage of the April 6-7, 2009 demonstrations, taken from
    closed circuit television cameras mounted in the area. The tape showed
    former deputy police commissioner Iacob Gumenita and inspector Ion
    Perju kicking protestors lying on the pavement in front of the main
    government building. Based on the new evidence, police arrested Perju
    on April 6 and charged him with the murder of Boboc. At year's end,
    Perju remained under house arrest, and criminal charges remained
    pending.
        On April 20, prosecutors charged former interior minister Gheorghe
    Papuc and former police commissioner Vladimir Botnari with criminal
    negligence related to handling the protests and subsequent abuse during
    interrogation of those detained; both men pleaded not guilty, and the
    case was ongoing at year's end. On April 30, police arrested Gumenita
    on charges of misuse of power; at year's end, he remained under house
    arrest.
        In April prosecutors announced a criminal investigation into the
    death of Ion Tibuleac, an anticommunist protester allegedly killed by
    police during the postelection demonstrations. The investigation
    remained pending at year's end.
        In April, after reassessment of the medical forensic examination
    materials, prosecutors concluded that Tapu's death was not linked to
    the April 2009 events. According to the examination report, Tapu died
    two to three weeks before the discovery of his body on April 15. The
    parliamentary commission's contradictory finding on May 15 did not
    prompt prosecutors to reopen their investigation.
        In the separatist region of Transnistria, there was at least one
    report of an alleged killing during the year. According to local
    authorities, on May 22, Alexandru Stomati, a Ukrainian citizen and
    member of the Transnistrian armed forces, committed suicide. After
    conducting its own investigation, local nongovernmental organization
    (NGO) Promo-Lex filed a claim with the European Court of Human Rights
    (ECHR), noting that Stomati had suffered premortem injuries to both his
    head and his upper back, which were inconsistent with authorities'
    account of the suicide.

        b. Disappearance.--There was one allegation of a politically
    motivated disappearance during the year. On the morning of November 23,
    former intelligence service head Artur Resetnikov appeared at a
    hospital with PCRM leader and former president Voronin, two other PCRM
    leaders, and a film crew. Resetnikov alleged that he had been kidnapped
    from downtown Chisinau, that his captors injected him with psychotropic
    substances, and that they demanded information designed to discredit
    Voronin. According to a local police station, officers received a
    report at 1:45 a.m. on November 23 that Resetnikov had been attacked
    just over an hour earlier on a suburban street. Resetnikov publicly
    claimed, however, that he had been kidnapped at 4:00 p.m. on November
    22 from a downtown Chisinau bar, although no witnesses came forward to
    confirm Resetnikov's version of events. Resetnikov declined to meet
    with criminal investigators for an additional six hours, while he slept
    and spoke to the press, and refused examination by doctors or to
    identify the place on his body where he allegedly was injected with
    psychotropic drugs. The documents that Resetnikov claimed that he was
    forced to sign compromising Voronin did not surface, and Resetnikov
    declined to reveal what subjects the documents covered. Prosecutors
    announced an investigation into the incident, which was proceeding at
    year's end.
        A previously reported case of a possible politically motivated
    disappearance was resolved during the year. In February 2009 police
    arrested Gheorghe Ionel, mayor of Vorniceni village and a member of the
    then opposition party, Our Moldova Alliance (AMN), on charges of
    abusing his authority; the Straseni District Court subsequently
    acquitted him. While the judge was reading the acquittal, police
    surrounded the courthouse and forced their way into the courtroom.
    During the commotion, Ionel disappeared, and his whereabouts remained
    unknown until March when he reappeared and resumed his duties as mayor.

        c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
    Punishment.--The law prohibits such practices; however, police used
    cruel and degrading arrest and interrogation methods and guards beat
    prison inmates. According to a Soros Foundation study released in
    December, approximately 27,000 persons over the past five years (or
    15percent of total inmates) reported beatings by police. According to
    the parliamentary ombudsman, the frequency and severity of such acts
    decreased compared with previous years. Under the law, inhuman
    treatment carries a sentence of eight to 15 years' imprisonment, and
    torture carries a sentence of 16 to 25 years in prison. Coercing an
    individual to testify is punishable by up to three years' imprisonment;
    if such coercion involves cruel, inhuman, or degrading treatment, it is
    punishable by three to eight years' imprisonment. Torture inflicted by
    an official to punish, intimidate, or obtain information from a person
    is punishable by two to five years' imprisonment.
        NGOs reported that while courts were somewhat more open to hearing
    allegations of torture, victims still frequently lacked access to
    effective judicial remedies. At times courts declined to hear their
    complaints, and long delays in the legal process caused some
    petitioners to abandon their claims. Victims carried the burden of
    proving that they had been mistreated, which was difficult, since
    prisoners often remained in detention for months before having access
    to courts. By the time they were able to appear in court, the physical
    evidence of abuse had disappeared.
        NGOs reported that prosecutors were more active during the year in
    investigating complaints of police torture, although the number of
    complaints dismissed by prosecutors remained high. In January
    prosecutors reported that of 131 complaints of police torture or
    degrading treatments in 2009 (not connected with the April 7 to 8
    violence), 45 were dismissed, 24 led to criminal investigations, and
    two cases were sent to court. In November, the Prosecutor General
    established a specialized antitorture prosecutor in each region. During
    the year the Prosecutor General's Office established hotlines for
    victims of torture, which provided legal counseling over the telephone.
        Local and international NGOs reported widespread incidents of abuse
    and torture of persons detained after the April 2009 demonstrations.
    During the year a commission charged with investigating the events of
    April 7 held hearings, interviewed witnesses, and reviewed over 200
    hours of videotape before presenting its report to parliament. On July
    8, parliament officially took note of the report and instructed
    government institutions to act on the report's recommendations.
    Parliament recommended that the Prosecutor General's Office: verify
    allegations of electoral fraud in April 2009; determine whether the
    actions of state security officials to withdraw from their assigned
    locations at and around the parliament building were legal; review
    allegations of cyber attacks and take action against persons found
    responsible; verify the lawfulness of Ministry of Interior transfers of
    administratively sanctioned persons to temporary detention facilities
    in regional police directorates; and investigate all cases of torture,
    degrading, and inhumane punishment against arrested and detained
    persons.
        Based on the commission's recommendations, parliament further
    recommended that authorities ensure the rehabilitation of protest
    victims--including both police and civilians--and implement the COE's
    Committee for the Prevention of Torture (CPT) recommendations regarding
    the transfer of temporary detention facilities from Interior Ministry
    to Ministry of Justice authority.
        In January an unidentified officer in Balti ordered a drunken man
    brought to the police station. Upon his arrival, the officer punched
    and kicked the man, causing minor injuries. In July a court found the
    officer guilty of using violence and torture, sentenced him to three
    years' probation, and prohibited him from holding any positions in the
    Interior Ministry.
        In March 2009 police arrested Ivan Orlioglo, Ivan Caracet, Dmitrii
    Covic, and Vitalii Orlioglo for armed robbery and assault. All four men
    reported that after their arrest, police subjected them to repeated
    beatings, and two of the men alleged that police beat them with plastic
    bottles filled with water. The Orlioglo brothers also stated that they
    were suffocated; Ivan Orlioglo said that investigating officers taped
    his mouth and then repeatedly plugged his nose. Both Caracet and Ivan
    Orlioglo claim that they had guns put to their temples and were
    threatened with execution to coerce a confession. This information
    became part of the official court transcript. On June 30, a court
    convicted the four men of all charges against them, with sentences
    ranging from 10 to 13 years. The judge admitted into evidence the
    testimony of all four defendants without addressing their allegations
    of physical abuse. However, the judge called attention to multiple
    serious ``infractions'' by investigating officers which, ``although
    they did not affect the outcome of the case, demand adequate
    compensation.'' Because of these violations, the judge reduced the
    sentence of each defendant by three years. According to Amnesty
    International (AI), authorities took no action to investigate further
    the torture allegations.
        According to the CPT, during its late-April 2009 visit, authorities
    were investigating 99 cases of alleged police abuse related to the
    April 2009 demonstrations. At the time of the CPT's return visit in
    July, prosecutors had not initiated criminal charges against any
    members of the police. After the Government came to power, prosecutors
    initiated 106 investigations of alleged police torture and other
    abuses. Through these investigations, prosecutors pursued 46 criminal
    cases against police officers, including 26 cases involving torture; 12
    cases of abuse of power; and other cases involving charges of murder,
    attempted murder, and attempted kidnapping. Through August authorities
    had charged 40 police officers in 24 separate criminal cases with
    crimes related to the April demonstrations; two were convicted during
    the year. During the year an additional 25 investigations were
    suspended and six were closed.
        On December 14, a court in Chisinau convicted police officers
    Gheorghe Vutcariov and Alexandru Mocanu of physically abusing and
    unlawfully arresting a young man in connection with their actions
    during the April 2009 protests. Vutcariov, of the Chisinau General
    Police Directorate, was sentenced to five years in prison, with a five-
    year suspension and deprivation of the right to hold office for two
    years for ``abuse of power'' and ``false statements in public
    documents.'' Mocanu, a member of the ``Scut'' Regiment, was sentenced
    to two years in jail, with a five-year suspension and deprivation of
    the right to hold offices for ``abuse of power.''
        In 2008 the UN special rapporteur on torture stated that police
    abuses remained common, and prosecutors, judges, medical staff, and
    staff at penitentiaries failed to investigate allegations of
    mistreatment and torture promptly. Alleged torture methods included
    severe beatings, electroshock, asphyxiation through oxygen deprivation
    while wearing gas masks, and putting needles under fingernails. In his
    February 2009 report, the rapporteur acknowledged some improvements by
    the Government but also noted the widespread prevalence of mistreatment
    of prisoners in preventive detention and the continued use of torture
    by some police. The rapporteur also noted that complaint mechanisms
    were inefficient, that a statute of limitations impedes justice in
    torture cases, and that in a majority of cases prosecutors refused to
    allow independent medical examinations.
        In January 2009 the Chisinau Court of Appeals reinstated charges
    against Sergiu Perdeleanu, chief of security at the Cricova
    penitentiary, for allegedly torturing inmates in 2008, but downgraded
    those charges from a criminal to an administrative offense. The
    military prosecutor disagreed with the decision and appealed it to the
    Supreme Court. In May 2009 the Supreme Court annulled the appeals
    court's decision and ordered the case retried by a different judge in
    the same court. In September 2009 prosecutors ordered the initiation of
    criminal proceedings against Perdeleanu. In December 2009 the Court of
    Appeals found Perdeleanu guilty and sentenced him to three years in
    prison. On June 15, the Supreme Court upheld the appeals court's
    judgment and sentence.
        According to an ombudsman's report released in March, authorities
    received 6,027 complaints of torture or inhumane and degrading
    treatment allegedly committed by government officials in 2009,
    representing a significant increase over previous years (1,075
    complaints in 2008 and 1,289 in 2007). In 693 cases, authorities
    initiated criminal investigations: 208 cases alleging acts of torture,
    438 alleging acts of violence and exceeding authority, and 47 alleging
    acts of inhumane and degrading treatment. Of the number of cases under
    investigation, 383 defendants were convicted. The prosecutor's office
    failed to begin an investigation in 5,334 cases, citing a lack of
    evidence. Prosecutors completed the investigation and issued
    indictments on 293 criminal cases. At year's end, 400 cases remained
    pending.
        The report also noted that authorities with the power to
    investigate allegations of police abuse frequently failed to do so. For
    example, in October 2009 a person identified as C.S. was transferred to
    Prison No. 13 with a concussion and lesions on his face. He explained
    that an officer at the Straseni detention facility, identified as
    Lieutenant-Major C.M., had struck him in the face. Authorities delayed
    the prisoner's petition against the officer who allegedly struck him;
    they only investigated the incident and charged the officer with
    torture after the intervention of the ombudsman. Those charges remained
    pending at year's end.
        In September 2009 during a visit to Prison No. 13, the ombudsman
    reported that detainees complained of psychological pressure from other
    detainees and intimidation from prison authorities, including the
    imposition of unjustified disciplinary sanctions to force them to
    withdraw their testimony in the criminal case against Perdeleanu. The
    ombudsman requested that the Ministry of Justice and prosecutors take
    all legal measures necessary to protect the witnesses.
        During the year the Ministry of Justice allotted 400,000 lei
    ($33,380) to renovate five cells (occupied by 19 minors) and a
    gymnasium at Prison No. 13 in Chisinau, in accordance with EU
    standards. In response to recommendations from the EU, on April 26,
    authorities closed all solitary confinement cells in which minors had
    previously been held for breaching internal regulations.
        On November 29, a military court in Chisinau acquitted former
    Contract Lieutenant Alexandru Botezatu of the Ministry of Defense Guard
    Battalion of charges of abuse of power and use of excessive force
    against soldiers in his charge but fined him 3,000 lei ($250). On
    December 3, prosecutors appealed against the sentence as too lenient.
    That appeal was pending at year's end.
        During the year the ECHR issued judgments that found violations by
    the state of the prohibition against torture and protections against
    inhuman or degrading treatment as provided by the European Convention
    on Human Rights (see section 1.c.).
        In the separatist region of Transnistria, former detainees alleged
    they had been subject to torture and mistreatment in detention centers.
    According to the NGO Promo-Lex, approximately 90 detainees in a
    Tiraspol pretrial detention center began a hunger strike on October 10
    to protest ``cruel, degrading, and inhuman treatment'' that included
    arbitrary detention, torture, and denial of medical care and legal
    assistance. Promo-Lex reported the holding of many of the detainees for
    more than six months without a court hearing, and some relatives
    claimed that they had not been able to visit detainees or deliver food
    packages.
        During the year prisoners in Transnistria undertook hunger strikes
    but gained no concessions from authorities. One such prisoner, Iurie
    Matcenco, was arrested in September 2009 on suspicion of fraud and was
    beaten while in custody. He filed a complaint with the ECHR on February
    19; on March 15, the court admitted his case. Matcenco alleged that the
    Transnistrian intelligence agency forced him to undergo a mock
    execution, and that both police and intelligence officers beat him
    during his detention.
        On April 1, the ECHR accepted the case of Boris Mozer, who was
    arrested in March 2009 for allegedly damaging telephone company
    property. Told of his plans to raise his case with the ECHR, prison
    authorities told Mozer that ``it will be worse for you if you
    complain.'' On July 1, Mozer was released on parole.
        In Transnistria the closed military court system regularly ignored
    reports of alleged hazing and abuse of conscripts in the Transnistrian
    ``army.'' There were unconfirmed reports that Transnistrian authorities
    drafted men who had already completed mandatory military service in the
    Moldovan armed forces. According to NGOs, the treatment of conscripts
    improved slightly during the year: food was reported to be better and
    parents were allowed to visit their conscripted sons. In contrast with
    previous years, there were no reports of conscripts being forced to
    march and run in boots that were several sizes too small. However,
    reports of hazing continued, and officers warned conscripts not to harm
    the army's reputation by reporting it.
        Transnistrian military authorities continued to restrict
    information on deaths of conscripts, although there were reports of at
    least two such deaths during the year. One conscript allegedly killed
    himself by jumping from a third-floor window. On January 21, Serghei
    Verbitskii was found dead in a trailer used by Transnistrian soldiers
    working in the kitchen facilities of a military unit. Verbitskii died
    due to a fire reportedly caused by a short circuit. On January 30, the
    Transnistrian Military Prosecutor's Office stated that military
    commanders violated local legislation that forbids housing soldiers in
    facilities other than barracks. The Military Prosecutor's Office
    mentioned that similar violations occurred very often in Transnistria.
    No further developments in this case were reported by year's end.
        The law provides for four parliamentary ombudsmen who make up the
    independent Moldovan Human Rights Center (MHRC). Parliament appoints
    the ombudsmen to examine claims of human rights violations, advise
    parliament on human rights problems, submit legislation to the
    Constitutional Court for review, and oversee MHRC operations. MHRC
    personnel also provided training for lawyers and journalists, visited
    prisons, made recommendations on legislation, and organized roundtable
    discussions. Between January 1 and December 16, the MHRC registered
    1,686 complaints of human rights violations: 389 concerned personal
    security and dignity, 403 concerned social assistance and protection,
    139 concerned free access to information, and 70 involved the right to
    work. The MHRC provided assistance from its own resources, if possible,
    and referred other cases to authorities.

        Prison and Detention Center Conditions.--Prisons and pretrial
    detention facilities around the country continued to fall far short of
    meeting international standards. While conditions in most prisons,
    including those in Transnistria, remained harsh, authorities reduced
    overcrowding and improved nutrition in prisons under the control of
    central authorities in Chisinau. According to the ombudsman, the number
    of persons imprisoned decreased during the year, primarily because of
    increasing use of alternatives such as house arrest and fines.
    Conditions were particularly harsh in pretrial and presentencing
    facilities, but, in contrast with previous years, suspects were
    generally held for fewer than 10 to 20 days.
        According to the 2009 ombudsman's report, conditions in the 38
    pretrial detention facilities did not improve significantly. Pretrial
    facilities, located mostly in the basement of the police stations,
    generally lacked access to natural light; artificial light was
    described as being mediocre or poor. In some facilities, ventilation
    systems were nonexistent. A number of pretrial facilities also lacked
    toilets and sewage systems. At the Chisinau General Police Station,
    inmates generally were allowed to shower once a week but were not
    provided soap. According to the ombudsman, sleeping conditions were
    inadequate; for example, detainees were offered wooden bunks, but
    pillows or bed sheets were not provided.
        Prisons did not provide for recreational activities. Cell sizes did
    not conform to local law or international standards. The incidence of
    malnutrition and disease, particularly tuberculosis, was high in all
    prisons.
        In October the total number of prisoners and pretrial detainees was
    10,415, with 4,111 inmates in prisons and 6,304 persons in pretrial
    detention centers. The country maintained a maxim prison capacity of
    5,860 and a maximum detention center capacity of 8,580. There were 320
    women and 87 juvenile prisoners serving terms in Moldovan
    penitentiaries.
        Of the country's 18 penitentiaries, two were recently renovated,
    and conditions in those prisons were significantly improved compared
    with the 16 facilities that had not been renovated. The ombudsman
    reported that overcrowding in unventilated spaces, lack of timely
    access to healthcare, and poor sanitation continued to be the norm in
    the other 16 penitentiaries. In all penitentiaries, the ombudsman noted
    poor relations between prison authorities and prisoners.
        The UN special rapporteur on torture visited the country during the
    year, but was denied access to individual detainees. In a February 2009
    report detailing his previous visit, the rapporteur noted that police
    kept most detainees in custody for several weeks or months; they often
    returned to pretrial detention facilities only when physical signs of
    torture were no longer visible. In the Transnistrian region, prisoners
    transferred by police were packed in poorly ventilated vans and were
    often held in such conditions for hours. Prisoners with diseases, such
    as tuberculosis, were routinely held with healthy prisoners.
        The commissioner's medical expert observed that the records of
    injuries kept in the detention facility at the General Police
    Directorate in Chisinau were extremely cursory and superficial, in
    contrast to the prison and hospital medical records. A CPT delegation
    also noted deficiencies in the recording of injuries at police
    establishments in a report on its 2007 visit to the country.
        According to the Center for Human Rights and the Moldovan Institute
    for Human Rights, complaints received from prisoners and detainees did
    not show evidence of censorship by prison authorities.
        Generally, detainees were permitted religious observance.
        Official discrimination based on an inmate's health condition was a
    common problem, and at least one HIV-positive inmate was the victim of
    such discrimination during the year (see section 6).
        The ombudsman monitored the observance of human rights and
    fundamental freedoms in public institutions, including prisons. The
    ombudsman has the right to inspect, publicize, and recommend actions;
    and publish results of investigations.
        The Government permitted independent monitoring of prison
    conditions by local and international human rights observers, and
    prison officials generally allowed observers to interview inmates in
    private. Representatives of international organizations and embassies
    were allowed to visit detainees that had been arrested after the April
    2009 demonstrations, but they were able to do so only several days
    after the arrests. The Government cooperated with the International
    Committee of the Red Cross (ICRC) and permitted visits to prisoners in
    accordance with the ICRC's standard practices.
        In July 2009 a CPT delegation visited the country. The delegation
    visited the temporary detention facility of the General Police
    Directorate, as well as the Centru and Ciocana district police stations
    in Chisinau. It also had a series of interviews, including at Prison
    No. 13, with alleged victims and potential witnesses of police abuses;
    it examined in detail a number of relevant investigation files.
        During its 2009 visit, the CPT noted that the practice of holding
    remand prisoners in police temporary detention facilities continued
    unabated. The CPT found that detention cells did not offer suitable
    conditions for holding persons remanded in custody. While the CPT noted
    that cells in the Chisinau General Police Directorate had been fitted
    with beds and that some repair works carried out a few months before
    the visit, it found that overall conditions in the facility were still
    not suitable for the prolonged periods that prisoners and
    administrative detainees were being held. These conditions included
    high official occupancy levels in the cells (for example, four places
    in a 10 square yards cell), poor lighting in cells, and access to
    outdoor exercise limited to 15 minutes.
        Although there were no juveniles being held at the time of the
    visit, police staff working at the General Police Directorate informed
    the delegation that juveniles may be detained together with a carefully
    chosen adult (for example, a first offender or former police officer).
        Transnistrian civil society representatives complained that it was
    extremely difficult to gain access to Transnistrian detention
    facilities. Moldovan lawyers were denied access to clients in
    Transnistrian prisons unless accompanied by a local Transnistrian
    attorney. Conditions in those facilities were grave, particularly in
    the Tiraspol prison. Sick and contagious prisoners shared quarters with
    healthy prisoners.
        In July a CPT delegation visited the Transnistria region. On July
    22, as the delegation was preparing to visit Prison Colony No. 3 in
    Tiraspol, Transnistrian authorities informed the delegation that the
    CPT would not be allowed to interview remand prisoners in private. The
    delegation ended its visit in protest of this restriction.

        d. Arbitrary Arrest or Detention.--While the law prohibits
    arbitrary arrest and detention, authorities did not observe these
    prohibitions in practice.
        A parliamentary ombudsman employed by the Government regularly
    visited various places of detention, including police stations and
    detention rooms at psychiatric hospitals, railway stations, and the
    Chisinau airport. The ombudsman found that many arrestees were not
    registered in logbooks, and railway police arbitrarily arrested
    citizens before their trains departed and released them after their
    trains left the station. Police at the airport often detained travelers
    for document checks and then released them without explanation. Most of
    the persons placed in detention at police stations were arrested for
    petty crimes, insulting police, or for document checks, although they
    were carrying valid documents. During the year the ombudsman reported
    some improvements in registration of prisoners; however, the practice
    continued.
        On April 20, the ECHR ruled in favor of Oleg Brega, a local
    Chisinau journalist, who in 2008 staged a silent protest outside the
    main government building in connection with his brother's arrest and
    detention a few days earlier. Police officers approached Brega and
    arrested him for disturbing public order, while he filmed the
    encounter. A local court subsequently acquitted him on the basis that
    Brega was arrested and detained on false grounds, as it could be seen
    from his video that he had neither resisted arrest nor insulted the
    police officers. Brega alleged that the verbal and physical abuse to
    which he was subjected before and during his arrest, and the poor
    conditions of his subsequent detention, including lack of access to
    medical care, constituted inhuman and degrading treatment. He also
    alleged that his detention for 48 hours without legal basis further
    violated his rights. The court agreed, and ordered authorities to pay
    Brega 8,000 euros (approximately $11,200) in nonpecuniary damages.
        On April 7, Transnistrian authorities arrested local journalist
    Ernest Vardanean and Transnistrian tax official Ilie Cazac and charged
    them with espionage. On June 25, and on subsequent occasions during the
    year, the OSCE expressed concern that the two were deprived of the
    right to choose their own legal counsel, the right to be represented by
    counsel of their own choice at pretrial detention hearings, and the
    right to contact their families. In addition, the OSCE criticized the
    televised airing of an alleged confession by Vardanean and noted that
    the confession was made in the presence of security officers. On
    November 3, the Transnistrian newspaper Novaya Gazeta carried a report
    quoting a letter from Stella Surkichan, Cazac's mother, who wrote that
    during the arrest, officers planted some papers and a flash drive on
    her son and that he was severely beaten and forced to sign papers
    afterwards. ``He was questioned for 10 to 15 hours in a row with no
    food, water, or toilet. He was threatened by long jail terms and
    reprisals against his family.'' She quoted her son as saying that,
    during a visit by the head of the OSCE mission to Moldova, he was
    instructed to lie on behalf of the State Security Ministry. On December
    16, Vardanean was sentenced to 15 years' imprisonment for ``high
    treason'' by Transnistrian authorities.
        The ombudsman reported instances during the year in which police
    rearrested previously acquitted individuals and detained them for
    unspecified short periods.

        Role of the Police and Security Apparatus.--The national police
    force is the primary law enforcement body. It is subdivided into
    regional and city police commissariats, which are subordinated to the
    Ministry of Interior.

        Arrest Procedures and Treatment While in Detention.--The law allows
    judges to issue arrest warrants based on evidence from prosecutors.
    Authorities must promptly inform detainees why they were arrested and
    describe the charges against them. Suspects may be detained without
    charge for 72 hours. The ombudsman noted several cases during the year
    in which police records contained no mention of the arrest of prisoners
    who were in jail, thereby allowing authorities to extend detentions
    beyond the 72-hour limit.
        Once charged, a detainee may be released pending trial. The law
    provides for bail, but it was rarely utilized and the system did not
    function well. Authorities generally did not authorize bail for
    detainees accused of violent or serious crimes.
        Detainees have the right to a defense attorney, but at times, this
    right was restricted. Authorities generally did not grant detainees
    access to a lawyer until 24 hours after being detained. Police often
    told persons that they were witnesses in a case, questioned them
    without a lawyer present, and subsequently detained them as suspects.
    Detainees were often informed of the charges against them without a
    lawyer being present. The Government required the local bar association
    to provide representation to indigent defendants, but did not reimburse
    lawyers for legal fees. Consequently, poor defendants often did not
    have adequate counsel.
        The law permits pretrial detention for up to 30 days. The courts
    may extend pretrial detention for up to 12 months, depending on the
    severity of the charges. Pretrial detentions lasting several months
    were common.

        Amnesty.--The Government generally granted amnesty to persons
    sentenced to less than four years in prison; as a result, such persons
    often served no jail time for their offenses.
        On July 1, acting president Mihai Ghimpu pardoned a group of
    convicts condemned for various offences, including two with
    disabilities. When examining the pardon requests, the reviewers and
    pardoning officials took into consideration the character and extent of
    the social threat of committed crimes; the offender's behavior and
    attitude towards work in prison, as well as participation in social
    activities within detention facilities; family status; and the term of
    punishment.
        On March 23, Transnistrian leader Igor Smirnov signed a decree
    granting a mass pardon, commutation, or amnesty to hundreds of inmates.
    More than 900 persons benefitted from the amnesty, including those who
    had served in the 1990-92 conflict with Moldova, persons convicted of
    lesser crimes, disabled and ill inmates (including those suffering from
    tuberculosis, HIV, and cancer), mothers, and single parents.

        e. Denial of Fair Public Trial.--The law provides for an
    independent judiciary; however, there were reported instances of
    government officials failing to respect judicial independence in
    practice. Official pressure on judges and corruption remained problems.
    There continued to be credible reports that local prosecutors and
    judges asked for bribes in return for reducing charges or sentences,
    and observers asserted that judges sometimes faced political influence.
    Political factors also played a role in the reappointment of judges.
    According to Freedom House, judges were appointed and promoted based on
    subjective and nontransparent factors. Younger judges, who held initial
    five-year appointments, were particularly vulnerable to influence by
    the executive branch. According to the 2009 EU progress report, the
    Government continued to fall short in its implementation of judicial
    system reforms.
        In 2007 the Government instituted a judicial code of ethics and
    created the new position of inspector judges, who are responsible for
    investigating and reporting cases of judicial misconduct or ethics
    breaches to the Supreme Council of Magistrates. Inspector judges
    referred 15 cases against 17 judges in 2008 and 25 cases against 27
    judges in 2009. In 2009 the council issued warnings to eight judges,
    issued ``severe warnings'' to three, and dismissed one; the council
    dismissed the complaints against the remaining 13 judges.
        According to the American Bar Association's (ABA) 2009 Judicial
    Reform Index, the establishment of a judicial administration department
    within the Ministry of Justice constituted an attempt by the executive
    branch to exert control over the judiciary's finances. The ABA also
    described the Judicial Administration Department as understaffed,
    ineffective, and lacking the capacity to oversee adequately the
    administration of the judiciary. While the department was responsible
    for developing the annual draft budget after consultations with the
    courts, in 2009 the Superior Council of Magistracy presented the
    proposed judiciary budget directly to parliament without consultation.
        The judiciary consists of lower courts, courts of appeal, and the
    Supreme Court of Justice. A separate Constitutional Court has exclusive
    authority in cases relating to the constitutionality of draft and final
    legislation, decrees, and other governmental acts. Most outside
    observers have assessed the Constitutional Court as the only court that
    was reasonably fair and objective. By law the Prosecutor General's
    Office is autonomous and answers to parliament. It is responsible for
    overseeing criminal investigations, filing charges, and protecting the
    rule of law and civil freedoms. Prosecutors have discretion to close
    cases before they reach trial for lack of sufficient evidence, but the
    injured party can appeal this decision to an investigative judge. This
    discretion gives prosecutors considerable influence over the judicial
    process, and NGOs asserted that political influence continued to play a
    role in some prosecutions.
        The military court system, which operated independently of the
    civilian courts, also suffered problems with corruption and
    inefficiency similar to those of the civilian courts. The jurisdiction
    of military courts extends to crimes committed by active duty, reserve,
    and retired military personnel. Military courts can also try civilians
    for crimes committed against military personnel.

        Trial Procedures.--The law provides that defendants in criminal
    cases are presumed innocent; however, in practice, this presumption had
    little effect. On some occasions, judges' remarks jeopardized the
    presumption of innocence. NGOs expressed concern that the practice of
    keeping defendants in handcuffs and metal cages during court
    proceedings went beyond what was necessary to secure public order and
    failed to ensure the presumption of innocence.
        Cases are presented to a judge or to a panel of judges. Defendants
    have the right to a lawyer, to attend proceedings, to confront
    witnesses, and to present evidence. The law requires the local bar
    association to provide an attorney to indigent defendants. The practice
    of appointing temporary defense lawyers without allowing them to
    prepare adequately was common and infringed upon the right to legal
    assistance. Prosecutors occasionally used bureaucratic maneuvers to
    restrict lawyers' access to clients but they generally allowed defense
    attorneys access to the evidence. The law provides a right to appeal
    convictions to a higher court.
        According to a 2008 OSCE report, based on a six-month project that
    monitored thousands of hearings in hundreds of criminal cases at all
    levels of the justice system, legal guarantees of a fair trial
    functioned only partially. Although the law provides for defendants to
    have an interpreter, the OSCE observed a shortage of interpreters, a
    lack of knowledge of legal terminology, and a tendency to mix Romanian
    and Russian terms. Nearly 40 percent of court interpreters did not
    translate in a fully satisfactory manner. The OSCE also noted that
    judges at times ordered proceedings to be conducted in Russian,
    although some participants complained they could not understand the
    language.
        The OSCE noted that proceedings were often not open to the public;
    court facilities were inadequate; and a large number of judges,
    prosecutors, and defense lawyers failed to treat victims and witnesses
    with respect.
        Implementation of the witness protection law was inconsistent.
    During the year AI reported several cases of Transnistrian authorities
    disregarding trial procedures, and noted that, in practice, defendants
    in Transnistria were denied access to a fair trial.
        In 2007 Transnistrian security services arrested Alexandr Alimpiev,
    former Transnistrian justice minister and former president of Tiraspol
    municipal court, and charged him with accepting a bribe, insulting a
    law enforcement officer, and resisting a search warrant. He remained in
    detention until his 2008 conviction, at which time he was sentenced to
    seven years' imprisonment. In 2009 authorities released Alimpiev
    without a formal review of this sentence. AI noted that authorities
    infringed his right to a fair trial on several occasions, censored his
    correspondence with his attorney, and subjected him to ``precarious''
    conditions of imprisonment, despite being ill.

        Political Prisoners and Detainees.--In contrast with the previous
    year, there were no reports of political prisoners.
        According to AI, since the change of government in September 2009,
    national authorities had discontinued the practice of fabricating
    criminal cases for political ends.

        Regional Human Rights Court Decisions.--During the year the
    Government paid 14.2 million euros ($19 million) in damages for cases
    lost at the ECHR. In 2009 individuals and advocacy groups lodged 3,400
    complaints against the Government. The most common complaints concerned
    alleged violations of due process.
        On January 5, the ECHR ruled in favor of a local company, Bucuria,
    which alleged that the judiciary failed to notify the company of a
    lawsuit brought against Bucuria by a former employee, nor did it notify
    the company of subsequent proceedings in the case. The court awarded
    Bucuria 1,000 euros ($1,340) in nonpecuniary damages.
        On May 18, the ECHR ruled in favor of Liuba Anusca, whose son was
    performing military service in 2004 when he was found dead under a tree
    with a broken cord around his neck, the other end of which was tied to
    a branch. Military prosecutors investigated and ruled the death a
    suicide. Prosecutors subsequently reopened and closed the investigation
    several times before concluding in 2008 that no crime had been
    committed. While the ECHR found no reason to doubt the finding of
    suicide, it expressed concern that civilian prosecutors had considered
    it necessary to intervene three times, ordering the military prosecutor
    on each occasion to reopen the investigation and conduct further
    inquiries into significant issues. The total time of three years and
    seven months until the investigation finally concluded could not be
    justified by its complexity or any objective difficulties, and the
    court awarded Anusca 8,000 euros ($10,700) in damages.
        On July 13, the ECHR found in favor of Vladimir Parnov, who claimed
    that he was subjected to police brutality in 2005 when he was arrested
    and detained on charges of possession and sale of marijuana. Parnov was
    acquitted of the charges in 2007. The court agreed that the
    investigation into his abuse allegations was inadequate, and awarded
    him 9,000 euros ($12,000) in nonpecuniary damages and 800 euros
    ($1,070) in costs.
        On September 14, the ECHR ruled in favor of the NGO Hyde Park,
    ruling that arrests and fines for demonstrations in 2007 constituted
    unlawful interference with their right of peaceful assembly.
        According to the local NGO Lawyers for Human Rights, during the
    year national authorities became significantly more likely to execute
    the decisions of the ECHR, resulting in payment of applicable penalties
    to victims. Court decisions against district level governments and
    municipalities frequently remained unexecuted, because these entities
    lacked the funds to pay judgments levied against them. In the past,
    judgments against private parties were nearly impossible to execute,
    given widespread corruption and the lack of resources and oversight in
    the country's bailiff system. To improve the situation, beginning on
    September 10, the Government began issuing licenses to private bailiffs
    who would operate on retainer. According to the Justice Ministry, the
    situation had not been in place long enough for an assessment of its
    effectiveness by year's end.

        Civil Judicial Procedures and Remedies.--The law provides for
    citizens to seek damages in civil courts for human rights violations.
    Under the constitution, the Government is liable when authorities
    violate a person's rights by administrative means, fail to reply in a
    timely manner to an application for relief, or commit misconduct during
    prosecution. Judgments awarded in such cases were often small and not
    enforced.
        The mediation law establishes an alternative mechanism for
    resolving civil and criminal cases voluntarily between parties and
    establishes rules for the status of professional mediators. However,
    the country still lacked an implementation mechanism. Observers noted
    that a lack of financial resources and institutional capacity were the
    main impediments to implementing the law.

        Property Restitution.--While the law provides for the restitution
    of property and compensation for victims of political repression, the
    Government often failed to provide funds to the commissions established
    to receive these petitions; as a result, the commissions lacked funds
    to provide payments to victims. In Chisinau, where authorities
    allocated approximately six million lei ($575,000) for compensation, no
    commission existed to make payments. Applicants must prove a direct
    causal connection between political repression and the seizure of their
    properties to receive restitution.

        f. Arbitrary Interference With Privacy, Family, Home, or
    Correspondence.--The law prohibits such actions; however, the
    Government did not respect these prohibitions in practice.
        It was widely believed that law enforcement authorities, including
    the Interior Ministry, prosecutors, the Prosecutor General's Office,
    and the Security and Intelligence Service, continued to conduct illegal
    searches and wiretaps. Under the law, the Security and Intelligence
    Service is the only institution that can legally conduct wiretaps,
    including those made at the request of prosecutors or police. Judges
    may authorize legal wiretaps only in the course of investigating a
    serious crime. In February 2009 the ECHR ruled that the country's
    criminal procedure law fails to provide a clear and detailed
    interpretation of reasonable suspicion required to authorize a wiretap.
    The ECHR also noted that the law does not contain safeguards against
    the overuse of wiretaps and does not provide adequate protection
    against the abuse of power by the Government because of wiretapping.
    Courts continued to accept illegally obtained evidence.
        According to a Justice Ministry report, examining magistrates
    ordered 3,803 wiretaps in 2009, an increase of 1,448 over the previous
    year.
        In July prosecutors acknowledged that the Security and Intelligence
    Service had illegally wiretapped Minister of Justice Alexandru Tanase
    in 2009. During hearings, two intelligence officers admitted they
    received orders to intercept Tanase's calls but refused to divulge who
    gave the orders. A criminal investigation into the illegal conduct
    remained ongoing at year's end. On October 22, in a separate case,
    prosecutors charged the head of the Interior Ministry's Operative-
    Technical Unit with privacy violations and abuse of authority in
    another illegal wiretapping case. The unit head had been suspended
    temporarily from his position in July. On December 13, prosecutors
    announced that they had completed their investigation into the Ministry
    of Interior's unauthorized wiretapping of European Action Movement
    leader Veaceslav Untila, AMN leader Serafim Urechean, and seven other
    persons; charges were pending at year's end.
    Section 2. Respect for Civil Liberties, Including:

        a. Freedom of Speech and Press.--The law provides for freedom of
    speech and the press; however, these rights were not always respected
    in practice. Individuals could criticize the Government publicly and
    privately without reprisal. According to Reporters without Borders,
    press freedom improved significantly since 2009.In contrast with
    previous years, individuals and organizations critical of the
    Government no longer risked monitoring and subjection to abusive tax
    and registration inspections.
        On July 13, the ECHR awarded damages to nine employees and former
    employees of the public broadcaster Teleradio Moldova, who alleged in
    2002 that they were victims of undue political influence over editorial
    policy; the court agreed and held that the Government had violated
    their freedom of expression. The court noted that authorities had
    failed to enact legislation which would offer safeguards against
    government officials' abusive interference in free speech and which
    would clearly indicate the scope and the limits of the discretion
    enjoyed by those authorities in controlling editorial content.
        The print media expressed diverse political views and commentary.
    There were approximately 260 newspapers and magazines in the country. A
    number of the newspapers were owned or subsidized by political figures
    and expressed well-defined political views. The Government owned the
    Moldpress News Agency, and local and city governments subsidized
    approximately 25 newspapers. Political parties and professional
    organizations also published newspapers.
        Formerly government owned newspapers, Moldova Suverana and
    Nezavisimaia Moldova, continued to favor the PCRM in their coverage.
    These papers often used inflammatory language and photo-edited
    portrayals of opponents as Nazis in articles criticizing the
    opposition. In February prosecutors began investigations of the
    legality of the privatization of these two newspapers, a process that
    started in 2005. According to the authorities, the former communist
    government initiated the liquidation process of these papers, but did
    not finish it and illegally transferred over one million lei ($83,000)
    from the State Reserve Fund to cover debts of these two papers.
        The Government did not restrict foreign publications, but most were
    not widely circulated because of high cost. Newspapers from Russia were
    available, and some of these papers published special weekly local
    editions.
        According to the Audiovisual Coordinating Council (ACC), 47 radio
    stations, 63 television channels, and about 140 cable providers
    operated in the country. Most stations rebroadcast programs from
    Romania, Russia, and Ukraine and offered limited, locally produced
    programming. Other foreign programs, including a range of international
    news broadcasts, were available by subscription from private cable
    television operators. Some local governments, including that of
    Gagauzia, operated television and radio stations and newspapers.
        In April two major foreign-financed news channels, Jurnal TV and
    Publika TV, began local broadcasting.
        Observers noted that the public broadcaster, which under the
    previous government had heavily skewed coverage in favor of the
    communist authorities, became increasingly balanced in its news
    coverage since the AEI government assumed power in September 2009.
        In 2008 the ACC announced that it would not automatically extend
    the expiring license of the private television channel PRO TV, along
    with those of other broadcasters, although the law provides for
    automatic extension if no major violations have occurred. Media
    observers criticized the ACC decision, while noting that ambiguities in
    the law allowed for such political actions, and PRO TV initiated a
    court challenge of the ruling. In November 2009 the Supreme Court of
    Justice ruled that the ACC should automatically extend PRO TV's license
    and those of other broadcasters; the ACC then extended PRO TV's license
    for another seven years.
        In 2008 the ACC distributed 40 provincial television frequencies to
    two progovernment stations, significantly expanding their coverage, and
    did not consider other applications for the frequencies. After the
    Government assumed power in September 2009, complaints that the ACC's
    decisions were politically motivated decreased.
        Owners of the private, procommunist television station NIT accused
    the AEI government of trying to shut down the channel. NIT alleged that
    the new government refused to extend a lease for space in a government-
    owned building that NIT had been renting for 12 years. The Government
    responded that it needed the space for use by government agencies, and
    NIT could continue to use other offices in the same, earlier
    privatized, building.. Later in the year, NIT vacated the Government-
    owned offices and moved into the smaller privatized offices in the same
    building.
        A July monitoring report by the NGO Access Info Center indicated
    that there were continuing problems in the implementation of the law on
    access to information and the law on transparency in government
    decision making. Only 34.5 percent of 943 public institutions asked to
    provide data on their implementation of the transparency law responded
    to the data request.
        On April 21, prosecutors closed the criminal case initiated against
    Vocea Basarabiei radio station by the communist government in 2007.
    Authorities at the time alleged that the station had aired calls to
    overthrow the Government during a radio program. Prosecutors concluded
    that the alleged actions did not constitute a crime.
        On January 19, the ACC ordered the Ploaia de Argint (Silver Rain)
    radio station to suspend broadcasting pending an appeals court ruling
    on the station's complaint against the ACC. The station had sued the
    ACC for its refusal to automatically extend its expired license as
    required by the 2006 audiovisual law. The ACC claimed in response that
    internal regulations required broadcasters that received licenses under
    the old law to compete again for frequencies. The station continued to
    transmit programming on the same frequency.
        On June 18, the parliament approved modifications to ACC
    regulations on license issuance to provide for automatic licence
    extensions.
        In 2008 opposition members of the Balti municipal council
    criticized the nontransparent manner in which the public broadcaster,
    Teleradio Balti, was undergoing privatization, noting that the
    privatization commission was staffed exclusively by councilors
    belonging to the majority PCRM. In November 2009 Teleradio Balti was
    forced to suspend broadcasting after the ACC ruled that the station did
    not have the right to broadcast until it was fully privatized. However,
    at the end of November, at the request of Balti authorities, the ACC
    revised its earlier decision and allowed Teleradio Balti to resume
    broadcasting under the condition that it completes its privatization by
    February 1. Since then, Balti authorities have made four unsuccessful
    attempts to privatize the station. Lack of interest from investors
    resulted in the suspension of privatization at year's end.
        There were continued reports that authorities denied independent
    media access to official events. In May and August 2009, the Ministry
    of Interior prevented journalists from the Internet-based Jurnal TV
    from covering its press conferences. In July a television crew from TV-
    Prim was prevented from covering a public meeting of the prime minister
    in Glodeni. On July 14, police in Donduseni expelled two journalists
    from the Moldavskie Vedomosti newspaper from a hall where the prime
    minister had been meeting with local residents.
        During and after the protests that followed the April 2009
    parliamentary elections, government harassment and aggression against
    journalists dramatically increased. The PCRM government frequently
    denied access to its public events to media representatives it
    considered disloyal. On occasion journalists were intimidated into
    practicing self-censorship.
        Libel is not a criminal offense, and the law limits the amount of
    fines for slander. Nevertheless, some newspapers continued to practice
    self-censorship and avoided controversial issues out of concern that
    government officials and other public figures could use civil
    defamation laws to retaliate against critical news coverage. On October
    9, a new law on freedom of expression entered into force, which
    provided that protection of honor, dignity, and business reputation''
    would not outweigh the right of the public to obtain information
    relevant to the public interest. The law also provides that ``no one
    shall be prosecuted for disclosure of information on the private or
    family life of a person if the public interest in its dissemination
    overweighs the interest of the particular person in its
    nondisclosure.''
        The law prohibits the editing and publication of literature that
    contains ``denial and defamation of the state and the people; calls for
    war or aggression, calls to ethnic, racial, or religious hatred;
    incitement of discrimination, territorial separatism, or public
    violence.'' Several private publishing houses opposed these provisions,
    claiming that they impose censorship.
        On July 28, an employee of the Center for Combating Economic Crimes
    and Corruption (CCECC) verbally and physically assaulted Jurnal TV
    reporter Victor Ciobanu while he was filming outside the Appeals Court.
    The employee allegedly grabbed the reporter's camera during the
    incident and removed the digital memory card. A group of major media
    NGOs, as well as international media organizations, strongly criticized
    the incident, calling upon the authorities to observe the media's
    rights. The center claimed that it had launched an internal
    investigation into the incident and, if the allegations were proved,
    there would be monetary compensation to the victim and discipline the
    employee.
        During the year the parliamentary mass media committee began an
    initiative to amend the law to allow broadcasters to possess up to five
    broadcasting licenses in each of the county's administrative zones. In
    June a group of media NGOs expressed public concern over the
    initiative, which they claimed could lead to the monopolization of
    media by a small number of actors.
        In Transnistria authorities greatly limited freedom of speech and
    of the press. Alternative viewpoints were subject to widespread
    censorship, and residents were wary of voicing alternative opinions and
    engaging in meaningful debate over key issues affecting the separatist
    region.
        It was difficult to register, maintain, and finance independent
    newspapers, radio stations, or television stations in Transnistria,
    although several continued to exist. Most newspapers from central
    government-controlled areas did not circulate widely in Transnistria,
    although they were available in Tiraspol. Foreign publications,
    including publications edited in Chisinau, were difficult to obtain, as
    separatist authorities imposed a 100 percent customs duty.
        On April 7, Transnistrian authorities arrested local journalist
    Ernest Vardanean on charges of high treason against the separatist
    government and spying for Moldova. On May 11, Transnistrian television
    aired a video recording with Vardanean confessing that in 2001, while
    he was studying at the Moldova State University, he collaborated with
    Moldova's Security and Information Service. Vardanean's lawyer, as well
    as his family, stated that Vardanean made this statement under
    psychological pressure. On November 3, the OSCE reported that
    Transnistrian soldiers prevented OSCE representatives from observing
    Vardanean's trial. On December 16, a Transnistrian court convicted
    Vardanean of treason and sentenced him to 15 years in prison.
        Both of Transnistria's major newspapers, Pridnestrovie and
    Dnestrovskaya Pravda, were official publications of the separatist
    administration. Separatist authorities harassed other, independent
    newspapers for publishing reports critical of the regime. Independent
    daily newspapers such as Novaia Gazeta and Chelovek i yevo Prava were
    published, but each had a circulation of only about 3,000. Other small-
    circulation papers expressing views critical of Transnistrian
    authorities were published on a weekly or monthly basis. Authorities
    controlled all printing houses and, at times, threatened to stop the
    printing of independent newspapers, including one based in Bender and
    another in the northern city of Ribnita.
        Transnistrian authorities controlled the majority of television and
    radio stations in the region and largely dictated editorial policies
    and financial operations. Transnistria's largest commercial entity,
    Sheriff Enterprises, owned some broadcast networks, such as the TSV
    television station and the INTER-FM radio station. The company also
    effectively controlled the Obnovlenie (Renewal) Party, which held a
    majority of seats in the region's legislature. Transnistrian
    authorities also operated the other major television station,
    Transnistrian Moldovan Republic Television. While these outlets on
    occasion expressed alternative views on social and economic policy,
    Transnistrian authorities sharply criticized any mention of compromise
    with the central government or any questioning of the Transnistrian
    goal of ``independence.''

        Internet Freedom.--In contrast with previous years, the Government
    did not issue any letters threatening to suspend domain names for
    expression of political views.
        There were approximately 50 Internet service providers (ISPs) in
    the country. While most citizens could not afford computers and private
    access to the Internet, public access at cafes in major cities was
    readily available. In 2009 a local ISP created public Wi-Fi hot spots
    in several public parks in Chisinau. According to the report of the
    National Agency for Regulations in Telecommunications and Information
    Technologies, there were 203,500 Internet users in the country in 2009,
    a 30.6 percent increase over 2008. Between the end of 2009 and April,
    the number of broadband Internet users increased from 187,000 to
    203,000. The number of dial-up users decreased from 17,000 to 12,000
    during that same period.
        There were no reports that the Government attempted to collect
    personally identifiable information in connection with individuals'
    peaceful expression of political, religious, or ideological opinion.
    However, the opposition PCRM complained that the PLDM, led by Prime
    Minister Vlad Filat, used personally identifiable data to send
    personalized electoral campaigning materials to voters.
        In Transnistria Internet connections were available in most parts
    of the region, and most residents accessed the Internet through
    publicly available computers at cafes. One company, Sherriff
    Enterprises, was the sole ISP in the region.

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

        b. Freedom of Peaceful Assembly and Association.--Freedom of
    Assembly.--The law provides for freedom of assembly; however, at times
    authorities limited this right in practice. Authorities denied LGBT
    activists a permit for a pride parade, and, in response to the December
    2009 anti-Menorah demonstration at which police did not intervene, the
    Jewish community celebrated Hanukkah and the Menorah lighting on
    private property.
        NGOs reported that rights of freedom of assembly have improved
    under the new government. While the previous PCRM government at times
    prevented opposition parties and activists from traveling to Chisinau
    for rallies, on May 1, authorities allowed over 15,000 supporters of
    the opposition PCRM to march in downtown Chisinau and converge in front
    of the main government building for a peaceful rally.
        According to a study commissioned by NGOs Promo-Lex and the
    Resource Center of Moldovan NGOs for Human Rights, an average of 82
    assemblies took place per month between February and June 2009. There
    were 85 in February, 141 in March, 65 in April, 53 in May, and 79 in
    June--all in connection with parliamentary elections.
        According to a June UNHCR report, Transnistrian authorities
    severely restricted freedom of assembly and rarely issued required
    permits for public protests. On those occasions when they did issue
    permits for demonstrations, authorities often harassed organizers and
    participants and ordered that the demonstrations take place in obscure
    locations away from city centers. Permits for demonstrations and public
    meetings were issued predominantly to organizations and groups loyal to
    the authorities.

        Freedom of Association.--The constitution provides for freedom of
    association and states that citizens are free to form parties and other
    social and political organizations. However, the constitution prohibits
    organizations that are ``engaged in fighting against political
    pluralism, the principles of the rule of law, or the sovereignty and
    independence or territorial integrity'' of the country.
        In Transnistria authorities severely restricted freedom of
    association. Separatist authorities granted the legal right of
    association only to those they recognized as citizens of Transnistria.
    All nongovernmental activities must be coordinated with local
    authorities, and groups that did not comply faced harassment, including
    visits from security officials. Any organizations favoring
    reintegration with the rest of Moldova were strictly prohibited.

        c. Freedom of Religion.--For a complete description of religious
    freedom, see the 2010 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.
        Transnistrian authorities at times restricted travel of
    Transnistrian residents and other Moldovans to and from the separatist
    region.
        Transnistrian authorities often stopped and searched vehicles
    traveling between the region and the central government-controlled
    area. According to the local Helsinki Committee, waits of up to two
    hours at Transnistrian checkpoints occasionally occurred, as did
    arbitrary fines and seizures of goods from persons entering or exiting
    the region.
        Short-term visitors from government-controlled areas to
    Transnistria were permitted to remain for 10 hours. A longer stay
    required an official letter of invitation and registration at a local
    passport office. Transnistrian authorities allowed farmers from
    government-controlled villages in the Dubasari region of Transnistria
    to travel to areas outside Transnistria to sell their produce. On a
    number of occasions during the year, Transnistrian authorities denied
    Western diplomats stationed in Chisinau entry into the region for
    routine visits but at other times allowed them entry.
        The law prohibits forced exile, and the Government did not employ
    it. There were no reports that Transnistrian authorities exiled persons
    from their territory during the year.
        Although citizens generally were able to depart from and return to
    the country freely, there were some limitations on emigration. Before
    persons are allowed to emigrate, the law requires that they satisfy all
    outstanding financial obligations to other persons or legal entities.
    This requirement was not strictly enforced in practice. The law also
    provides that close relatives who are financially dependent on a
    potential emigrant must give their concurrence before the emigrant is
    allowed to depart the country; this law was also not enforced in
    practice.

        Protection of Refugees.--The country's laws provide for the
    granting of asylum or refugee status, and the Government has
    established a system for providing protection to refugees.
        In practice the Government provided protection against the return
    of refugees to countries where their lives or freedom would be
    threatened on account of their race, religion, nationality, membership
    in a particular social group, or political opinion.

        Stateless Persons.--Citizenship can be acquired by birth in the
    country, inheritance from parents, adoption, recovery, naturalization,
    or on the basis of certain international agreements. On July 1,
    parliament amended the law on citizenship and granted citizenship to
    persons who resided in the historical regions of Bessarabia, Northern
    Bucovina, the Herta region, and in the territory of the Moldovan
    Autonomous Soviet Socialist Republic prior to June 28, 1940, as well as
    their descendants.
        According to UNHCR statistics, there were 2,036 stateless persons
    in the country on September 30, an increase from 1,805 at the beginning
    of 2009. The largest numbers were Russians, Ukrainians, and ethnic
    Moldovans born outside the country. Of this total, 1,547 resided in
    Transnistria. According to the UNHCR, stateless persons enjoyed equal
    rights in terms of employment and education but frequently were
    prevented from applying for citizenship because they lacked
    certificates showing that they had no criminal records.
        During the year the UNHCR assisted several refugees in gaining
    citizenship by court order. However, despite legal provisions that
    allow a stateless person who resides legally in the country for eight
    years to seek citizenship, the UNHCR was unsuccessful in assisting such
    persons in obtaining citizenship.
        On July 1, authorities reduced the time for completing a
    provisional residence permit for foreign nationals and stateless
    persons from 30 to five days. Residence permits for a period of up to
    one year are issued to foreign citizens and stateless persons
    temporarily residing in Moldova; they cost approximately 640 lei ($53).
    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 in most of
    the country through periodic elections based on universal suffrage.
    Unlike the previous year, there were no reports that authorities
    harassed or intimidated the political opposition, misused
    administrative resources in favor of government-supported candidates,
    or restricted opposition access to public media.
        In Transnistria authorities restricted the right of residents to
    vote in elections and interfered with the right of Moldovan citizens to
    vote in Moldovan elections.
        The constitution provides for a form of parliamentary government.
    The parliament is elected by popular vote and it then elects the
    president by a three-fifths majority vote, or 61 out of 101 members of
    parliament. If the parliament repeatedly fails to elect a president, it
    is dissolved and new elections are required, although the law states
    that parliament can only be dissolved once per year. In 2009 parliament
    failed on four occasions to elect a president. To resolve the impasse,
    the Government held a referendum on September 5, which asked voters to
    approve direct popular voting for president. Political parties
    campaigned freely and without harassment to support or reject the
    proposition. The PCRM boycotted the referendum. In the final results,
    87.8 percent of voters supported the referendum's call for direct
    popular voting for president, but the turnout (30.29 percent of
    registered voters) was insufficient to validate the referendum, for
    which a one-third turnout of registered voters was required. As a
    result, election of the president remains a function of parliament.

        Elections and Political Participation.--On April 27, the ECHR ruled
    in favor of Justice Minister Alexandru Tanase (a dual Romanian-Moldovan
    citizen), who in 2007 preemptively challenged a law that required dual
    nationals to renounce their other nationality before being allowed to
    take a seat parliament. In the April 2009 elections, Tanase was elected
    to parliament. He wrote a letter to the Romanian Embassy in Chisinau,
    announcing being forced to initiate the renunciation of his Romanian
    nationality, but indicating that he reserved his right to withdraw the
    letter after the ECHR judgment. On April 27, the court ruled that the
    law was discriminatory of dual nationals and, therefore, violated the
    European Convention on Human Rights.
        International and local observers noted positive developments
    during the July 2009 parliamentary election campaign and the September
    5 referendum, including greater Central Election Commission (CEC)
    openness and the ability of party representatives to be present during
    polling. However, CEC performance has remained inconsistent, and voter
    registration has yet to be centralized, making it harder to identify
    those who vote multiple times. Voter lists, maintained by the CEC, were
    largely outdated and subject to manipulation. Political parties cited
    these lists as a major concern by leading to the November elections.
        International observers concluded that the November 29
    parliamentary elections met most international commitments, and the
    elections administered in a transparent and impartial manner, with a
    diverse field of candidates that provided voters with genuine choice.
    According to the observers, authorities respected civil and political
    rights during the election campaign, and media outlets covered the
    campaign actively and provided voters with diverse information.
    International observers provided a generally positive assessment of
    election day, despite some procedural errors. The OSCE election
    observation mission noted that authorities should make further efforts
    to strengthen public confidence in the democratic process.
        On December 12, first-round elections occurred for governor of the
    autonomous region of Gagauzia. A monitoring effort sponsored by the
    East European Foundation judged that the election met international
    standards despite minor violations, including advertisements near
    polling stations, multiple voters sharing a booth, and a lack of
    heating or electricity in some polling stations. Confusion arose from
    the fact that some voting procedures in the governor's election
    differed from those used in the November 28 parliamentary elections.
        There were 19 women in the 101-seat parliament elected on November
    28. Members of ethnic Russian, Ukrainian, Bulgarian, Azeri, Jewish, and
    Gagauz communities had representation in parliament alongside members
    of the majority Moldovan/ethnic Romanian community.
        In Transnistria authorities held legislative elections on December
    12, in which the Renewal Party, the main party in opposition to
    ``president'' Igor Smirnov, won a majority of 23 seats in the 43-seat
    Transnistrian Supreme Soviet.
    Section 4. Official Corruption and Government Transparency
        The law provides criminal penalties for official corruption;
    however, the Government did not implement these laws effectively, and
    NGOs and international organizations reported that corruption was
    pervasive throughout the Government and society. A Transparency
    International preliminary survey revealed that only 75 percent of
    public officials could define the concept of a ``conflict of
    interest.''
        Police corruption remained a serious problem. According to
    prosecutors, the Interior Ministry ignored, or only superficially
    examined, reports of police corruption. The prosecutor in charge of the
    Ministry of Interior's anticorruption activities noted that corruption
    was endemic and took place at all levels--from low-level functionaries
    to government ministers.
        On August 24, Justice Minister Tanase noted that many judges
    illegally gave lenient sentences to persons convicted of trafficking-
    related offenses. He cited the case of Cahul Court judge Vasile Vulpe
    who in 2008 issued a five-year suspended sentence for human trafficking
    when the penalty prescribed by law is 10 to 25 years in prison. Judge
    Vulpe's immunity from prosecution was subsequently was lifted, and a
    Chisinau court tried Vulpe of purposefully issuing an illegal judicial
    decision. He was acquitted in June 2009. On November 11, in a
    subsequent lawsuit brought by Vulpe challenging his dismissal as a
    judge, the Supreme Court upheld the legality of Vulpe's dismissal upon
    the expiration of his judicial appointment.
        A Transparency International survey conducted in 2009 reported that
    51 percent of those interviewed said they had paid bribes to the
    police. According to the Prosecutor General's Office, between January
    and November, prosecutors initiated 103 criminal investigations against
    police, including in 43 cases of alleged torture. The CCECC initiated
    31 criminal investigations, mainly on charges of corruption. Of these,
    the prosecutors sent 62 cases to court, and the CCECC sent 21cases.
        Corruption in the educational system was widespread. The law
    provides for punishing university rectors, deans, and chairs for
    corrupt acts, including grade buying and extortion, with fines or
    imprisonment of two to seven years. The law does not apply, however, to
    professors and lecturers. Ministry of Education regulations do not
    address corruption explicitly, and the bylaws of the major universities
    do not provide sanctions for cheating or bribery. There were reports
    that some university officials offered falsified documents for sale to
    assist students in obtaining work and travel visas.
        The Government acknowledged that corruption was a major problem.
    NGOs and political party representatives asserted that authorities at
    times failed to act in an impartial manner.
        The law provides free public access to official information;
    however, the Government did not fully implement the law. NGOs
    complained that gaining access to information required repeated, often
    unsuccessful, requests to authorities. Court decisions ordering release
    of information were not implemented fully or in a timely manner.
    According to the NGO Access-Info Center, between January and August,
    public officials frequently denied the media access to information in
    violation of law and procedures. Since coming into office, the
    Government made some improvements; however, the Access-Info Center
    noted that full responses to information access requests remained low,
    averaging 24 percent, because of a lack of information management
    policies.
    Section 5. Governmental Attitude Regarding International and
            Nongovernmental Investigation of Alleged Violations of Human
            Rights
        Domestic and international human rights groups generally operated
    in the country without government restriction, investigating and
    publishing their findings on human rights cases. Government agencies
    were frequently cooperative and responsive to their views.
        In Transnistria authorities continued to impede activities of human
    rights groups. For example, ``immigration'' officials frequently
    blocked entry into the region by representatives of Moldovan NGOs
    attempting to meet local human rights counterparts and contacts.
    Moldovan NGOs also reported that in 2009 Transnistrian officials
    contacted local organizations and advised them not to attend events and
    seminars organized by Moldovan NGOs.
        On several occasions in 2009, representatives of a Moldovan NGO
    arrived in the region to hold capacity-building seminars for local
    groups. In advance of their visits, Transnistrian officials warned the
    NGO not to come. When they arrived, they found that attendees to these
    workshops included camera operators--ostensibly from local television
    stations--who filmed the proceedings, as well as representatives of
    progovernment veterans' organizations, and a representative of the
    public affairs office of the Russian peacekeeping force in
    Transnistria. On at least one occasion, in December 2009, Transnistrian
    cameramen followed the participants and filmed them as they exited
    buses rented for the occasion. Transnistrian television subsequently
    broadcast this footage as part of an anti-NGO expose. Following these
    events, the organization chose to hold its seminars outside
    Transnistria.
        Transnistrian authorities also continued to control and intimidate
    NGOs by inviting their representatives to meetings where security
    officials were present and pressuring landlords not to renew leases for
    office space. Authorities restricted NGOs from providing legal advice
    and other assistance on political programs, such as domestic disputes,
    access for persons with disabilities, and property and pension rights.
    Transnistrian authorities encouraged NGOs operating in the region to
    cooperate with Russian, Abkhazian, and South Ossetian organizations
    rather than Western NGOs and those that operated in Moldova proper.
    Transnistrian authorities also required representatives of Moldovan
    NGOs wishing to operate in Transnistria to register locally as separate
    organizations.
        Transnistrian authorities frequently limited OSCE access to the
    separatist region, including to the four- to eight-mile security zone
    dividing Transnistria from the rest of the country.
    Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
        The law prohibits discrimination based on race, gender, disability,
    ethnicity, or social status; however, the Government did not always
    enforce these prohibitions effectively.

        Women.--The law criminalizes rape or forcible sexual assault and
    penalties range from three years to life in prison. The law also
    criminalizes spousal rape.
        Rape remained a problem, and there were no specific government
    activities to combat rape. In the first 11 months of the year,
    prosecutors opened 311 criminal cases of rape. Of these cases, 78 were
    dismissed and 138 were forwarded to courts for trial. These figures
    were close to the totals for 2009 with 260 cases opened, 66 dismissed,
    and 105 forwarded to courts for trial. Prosecutors were unsure if the
    increased numbers reflected higher crime rates or better reporting.
    NGOs believed that many rapes remained unreported.
        The law defines domestic violence as a criminal offense, provides
    for the punishment of perpetrators, defines mechanisms for obtaining
    restraining orders against abusive individuals, and extends protection
    to unmarried individuals and children of unmarried individuals. The law
    also provides for cooperation between government and civil society
    organizations, establishes the protection of the victim as a human
    rights principle, and allows third parties to file complaints on behalf
    of victims. According to a 2009 report by the local NGO La Strada,
    there were no government standards regarding the quality of victim
    support services or for the identification, assessment, or monitoring
    of domestic violence cases.
        According to NGOs, domestic violence and spousal abuse remained
    widespread. A 2008 survey indicated that at least 40 percent of women
    in the country had been the victim of at least one violent act in their
    life. Domestic violence was closely linked to human trafficking.
    According to local NGOs, at least 80 percent of trafficking victims had
    previously been victims of domestic violence. A study released during
    the year by the Joint UN Program on HIV/AIDS found that 51.3 percent of
    women who had a sexual partner had experienced psychological violence
    in their lifetime and that 26.8 percent experienced such violence in
    the previous 12 months. A total of 24.2 percent had experienced
    physical violence in their lifetime, and 10.3 percent had experienced
    it in the previous 12 months. Slightly more than 12 percent had
    experienced sexual violence in their lifetime and 7.1 percent in the
    past 12 months. Rural women experienced all forms of violence in
    significantly higher proportions than urban women did, and younger
    women experienced more emotional and sexual violence compared with
    older women.
        Victims of domestic violence generally suffered in silence, as the
    problem received little recognition from government, society, or other
    women. Unless such violence resulted in serious injuries, most citizens
    accepted it as a normal aspect of private life by both men and women,
    and not a problem warranting legal intervention. Surveys indicated that
    only 11.2 percent of domestic violence victims sought medical
    assistance, only 12.2 percent reported the abuse to the police, 6.3
    percent pursued claims through the justice system, and 5.1 percent
    reported their abuse to other municipal authorities.
        NGOs noted that one of the reasons women rarely reported domestic
    violence to authorities was because of the general weakness of
    available legal remedies, which commonly consisted of fines and brief
    detentions for convicted abusers. After their release from detention,
    abusers commonly returned to their homes and continued the abuse. Fines
    often had the effect of significantly reducing the overall household
    budget, which further harmed the wives and children of abusers.
        Women's groups continued to assert that incidents of spousal abuse
    were significantly underreported. According to the Ministry of
    Interior, between January and November authorities registered 1,997
    cases of domestic violence. The actual numbers were believed to be much
    higher.
        The Government supported education efforts, usually undertaken with
    foreign assistance, to increase public awareness of domestic violence
    and to instruct the public and law enforcement officials on how to
    address the problem. The city of Chisinau operated a women's shelter
    for domestic violence victims. Private organizations operated services
    for abused spouses, including a hotline for battered women. Access to
    such assistance remained difficult for some.
        The NGO La Strada operated a hotline for reporting domestic
    violence, offered victims psychological and legal aid, and provided
    victims with options for follow-up assistance. During the first nine
    months of the year, the hotline received 623 calls from victims of
    domestic violence requesting assistance. Despite the success of the
    hotline, La Strada representatives noted that few victims requested
    follow-up assistance.
        In July parliament approved criminal code amendments designed to
    better promote the safety and well-being of victims, their children,
    and their property. The amendments require the abuser to leave lodgings
    shared with the victim, regardless of who owns the property. The
    amendments also provide for psychiatric evaluation and counseling,
    forbid the aggressor from approaching the victim either at home or at a
    place of business, and forbid visitation of children pending a criminal
    investigation. Courts may apply such protective measures for a period
    of three months, and can extend them upon the victim's request or
    following repeated acts of violence.
        In Transnistria there is no law prohibiting violence against women.
    Domestic violence against women in Transnistria was a serious problem,
    although, given the lack of laws against domestic violence the extent
    was difficult to estimate. According to a 2009 study conducted by the
    NGO Rezonans, one in four women in Transnistria experienced domestic
    violence in the form of physical abuse, economic manipulation, or
    psychological violence.
        Sexual harassment remained a common problem. In July parliament
    approved amendments to the criminal code that criminalize sexual
    harassment and provide for penalties ranging from a fine to a maximum
    of two years imprisonment. The new law prohibits sexual advances that
    affect a person's dignity or create an unpleasant, hostile, degrading,
    or humiliating environment in a workplace or educational institution.
        In January the parliamentary ombudsman received complaints from
    parents claiming that their children at a high school in the Chisinau
    suburb of Riscani were being sexually harassed. The ombudsman's
    investigation revealed that a number of girls had been sexually
    molested by a teacher. The Riscani prosecutor's office refused to
    launch a criminal investigation, stating that the acts took place
    before the criminalization of sexual harassment in July. Authorities
    argued that the law in force at the time prohibited only the use of
    force to make another person commit a sexual act. The school board
    subsequently dismissed the teacher, but a court later reinstated him
    because the school board had failed to follow proper legal procedures.
    Appeals remained pending at year's end, and the ombudsman responsible
    for children continued to monitor the case.
        Couples and individuals could decide freely and responsibly the
    number, spacing, and timing of their children and had the information
    and means to do so free from discrimination, coercion, and violence.
    The Government adopted laws and implemented policies to increase the
    birthrate by ensuring free obstetric and postpartum care to all
    citizens and by paying child benefits of 1,700 lei ($140) for the first
    child in a family, and 2,000 lei ($165) for each subsequent child.
    Applying to receive child benefits was sometimes difficult because of
    excessive bureaucracy, but there were no reported cases of denial of
    payment. Mandatory government medical insurance covered all expenses
    related to pregnancy, birth, and postpartum care. During pregnancy, the
    Government provided essential medicines free of charge.
        Most medical institutions, both state and private, had free
    booklets and leaflets about family planning and contraception. There
    were no reports of women discriminated against when diagnosed with or
    treated for sexually transmitted infections, including HIV. There were
    reports that some employers failed to provide women with paid maternity
    leave or threatened pregnant women with termination of employment.
        There were no reports of Romani women denied obstetrical,
    childbirth, or postpartum care. However, many Romani women failed to
    take advantage of free government-administered medical care during
    pregnancy. There was no reliable information on Romani access to
    contraception.
        The law provides for full gender equality. The National Bureau of
    Statistics reported that women experienced higher levels of employment
    than men did. Women, however, earned approximately 85 percent of what
    men earned for equal work. According to an EU report released in 2008,
    the country's implementation of the 2006 law on equal opportunities for
    men and women was slow. In some cases, especially in rural areas, women
    encountered attitudes and stereotypes that served to perpetuate the
    subordinate position of women in the family and in society.
        The law provides for 70 days of paid leave for pregnant women, and
    an additional 56 days of postpartum maternity leave (70 days in case of
    complicated or multiple births). Once this officially authorized leave
    period is exhausted, men and women have the option of taking partially
    paid paternity or maternity leave for up to three years (counting
    towards an employee's seniority). Women are also entitled to unpaid
    maternity leave of up to six years from the child's birth, while
    retaining the right to their job. This period is also included in
    seniority. While government-owned companies generally followed these
    regulations, private firms often ignored the law by restricting
    maternity leave periods through individual work contracts.

        Children.--Citizenship can be acquired by birth in the country,
    inheritance from parents, adoption, recovery, naturalization, or on the
    basis of certain international agreements. Registration of birth is
    free of charge for all citizens. Civil registration offices within
    maternity hospitals issued birth certificates before the mother and
    newborn were discharged from the hospital.
        Primary education was free and compulsory until the ninth grade,
    although many inadequately funded schools, particularly in rural areas,
    charged parents for school supplies and textbooks. Although not
    illegal, such fees contradicted the Government's policies and resulted
    in some parents keeping their children home. Government and local
    authorities provided 300 lei ($29) for school supplies annually to
    children from vulnerable families.
        Romani NGO Vocea Romilor reported that 2,800 Romani children were
    unable to attend school because of poverty. According to Romani NGO
    Ograda Noastra, approximately 50 percent of Romani children attended
    school, but the group acknowledged that such estimates were often
    unreliable.
        The law prohibits child neglect and specific forms of abuse, such
    as forced begging; however, child abuse was believed to be widespread.
    In December 2009 law enforcement agencies had opened 405 cases for
    crimes against children, including 97 cases of sexual abuse, 20 cases
    of serious bodily injuries to children, and 10 cases of premeditated
    murder. The Ministry of Interior is responsible for investigating and
    prosecuting child sexual abuse cases, but declined to release
    statistics on the scope of the problem.
        According to the Ministry of Labor, Social Protection, and Family,
    inadequate victims' services, lack of reliable methods to track cases,
    and insufficient legal mechanisms to prevent such abuse or to provide
    special protection to victims, hampered efforts to protect children
    from abuse. According to the ministry, more than 25 percent of minors
    admitted to being beaten by their parents, 20 percent said they
    experienced parental verbal abuse, and 15 percent said they lacked food
    and care. Approximately 10 percent of parents admitted to abusing their
    children, emotionally or physically.
        During the year there were reports of cases of child prostitution.
    Commercial sex with minors is punished as statutory rape. The minimum
    age for consensual sex is 16 years. The law prohibits production,
    distribution, broadcasting, import, export, sale, exchange, use, or
    possession of child pornography, and violators face one to three years'
    imprisonment.
        According to the Center for Combating Trafficking in Persons, in
    the first 11 months of the year, authorities opened 19 investigations
    into allegations of child trafficking, approximately the same number as
    during the same period in 2009. Prosecutors filed formal criminal
    charges in eight of these cases, and courts convicted three persons on
    criminal charges related to trafficking of children, sentencing two
    persons to prison and giving the third person a suspended sentence.
        Conditions for children in orphanages and other institutions
    remained generally very poor. Underfunding caused major problems such
    as inadequate food, ``warehousing'' of children, lack of heat in
    winter, and disease. NGOs estimated that approximately 25 percent of
    the children in orphanages had one or two living parents but were
    abandoned when their parents left the country in search of employment.
    Observers estimated that approximately one-third of children lived in
    households where one or both parents had left the country in search of
    work. Such children often lived in poverty, and were particularly
    vulnerable to trafficking and labor exploitation.
        Various government ministries ran their own orphanages and boarding
    schools. The Ministry of Labor, Social Protection, and Family
    maintained two boarding schools with a population of 675 children with
    disabilities and three asylums providing temporary shelter (for up to
    one year), counseling, and other assistance to up to 110 children from
    socially vulnerable families. The Ministry of Education oversaw 19
    boarding schools with 5,932 students, and two orphanages with 137
    children. The ministry reported that 35 percent of the children in its
    care were orphans or abandoned. The other 65 percent came from socially
    vulnerable families in which parents were unable to maintain even basic
    living conditions. The ministry also supervised 42 institutions for
    children with disabilities, housing up to 5,487 children.
        On August 13, Minister of Education Leonid Bujor announced that the
    number of children placed in residential institutions had dropped by
    32.6 percent since 2007, following implementation of a National Action
    Plan for the Reform of the Residential Care System for Children.
    According to Bujor, 7,087 children lived in 56 institutions run by the
    Residential Care System for Children and, of those, 17 percent were
    orphans. He also noted the existence of 76 family homes for children,
    87 professional foster parents, 102 daycare centers, two social-medical
    rehabilitation centers, and 31 temporary placement centers for families
    with children facing difficulties.
        The country is not a party to the 1980 Hague Convention on the
    Civil Aspects of International Child Abduction. For information on
    international parental child abduction, please see the Department of
    State's annual report on compliance at http://travel.state.gov/
    abduction/resources/congressreport/congressreport--4308.html.

        Anti-Semitism.--The Jewish community had approximately 25,000
    members, including 2,600 living in Transnistria.
        On the night of September 11, unknown individuals painted Nazi
    swastikas and SS symbols on the facade of the synagogue in Chisinau.
    According to the chief rabbi, Zalman Abeliskii, several other minor
    incidents occurred during the year. The investigation is ongoing.
    Parliament speaker and acting president Mihai Ghimpu described the
    profanation of the synagogue as ``a provocation.''
        In December 2009 the Chisinau Jewish community organized the
    dedication of a five-foot-high menorah in the city's central park. A
    crowd led by Moldovan Orthodox priest Anatolie Cibric gathered, engaged
    in anti-Semitic speech, dismantled and removed the menorah from its
    base, and placed it upside down at the feet of a nearby statue of
    Stephen the Great, the medieval Moldovan king who is also a Moldovan
    Orthodox saint. Authorities condemned the incident and fined Cibric for
    his role in it.
        On November 10, in Chisinau, several hundred Orthodox Christians
    marched to warn local authorities against allowing the Jewish community
    to place a menorah in downtown Chisinau during the upcoming Hanukah
    celebration. A leader of the Orthodox Youth Association told media that
    placing the menorah near the statue of Stephen the Great was offensive
    and constituted a form of oppression of Christians by non-Christians.
    Chisinau mayor Chirtoaca responded by telling the Jewish community to
    proceed with plans to place the menorah downtown. Seeking to avoid
    further desecration of the menorah, Jewish community leaders instead
    decided to place the menorah on private property in the courtyard of
    the Chisinau Jewish Community Center. On December 1, the Jewish
    community dedicated the menorah, and it remained there during the
    holiday without incident.
        In March 2009, after one of Chisinau's synagogues received a
    shipment of kosher food from abroad for the upcoming Passover holiday,
    police officers made several visits to the synagogue to search the food
    parcels.

        Trafficking in Persons.--For information on trafficking in persons,
    please see the Department of State's annual Trafficking in Persons
    Report at www.state.gov/g/tip.

        Persons With Disabilities.--The law prohibits discrimination
    against persons with physical, sensory, intellectual, and mental
    disabilities in employment, education, access to public facilities,
    healthcare, or the provision of other state services, but the law was
    rarely enforced. Local NGO Gaudeamus reported continued widespread
    discrimination against students with disabilities.
        On August 25, shortly after the country's ratification of the UN
    Convention on the Rights of Persons with Disabilities, the Ministry of
    Education issued an order ensuring the inclusion of orphans and
    children with disabilities and special educational needs into the
    educational system.
        During the year there were over 170,000 persons with disabilities
    in the country. While national strategies for reforming the residential
    childcare system and rehabilitating and integrating persons with
    disabilities existed, the Government did not provide funding to
    implement them. Persons with disabilities faced discrimination, social
    exclusion, poverty, unemployment, low quality education, and lack of
    access to social protection. The director of the Center for Services
    for Students with Disabilities noted that the structure of educational
    institutions and the lack of materials for teaching persons who are
    deaf or blind were illustrative of the Government's general failure to
    meet the needs of persons with disabilities.
        Official regulations mandate access to buildings for persons with
    disabilities, and most government buildings provided such access. While
    most newly built or reconstructed private buildings were accessible,
    older buildings often were not. The Government provided few resources
    to training persons with disabilities. The Social Assistance Division
    in the Ministry of Labor, Social Protection, and Family and the
    National Labor Force Agency are responsible for protecting the rights
    of persons with disabilities.
        On October 6, authorities approved a framework regulation on
    organization, operation, and quality standards of ``community houses''
    for persons with mental disabilities. Such community houses were
    designed to take the place of boarding facilities for children with
    mental disabilities.
        According to the Association of the Blind, there were 9,000 persons
    nationwide with visual impairment, of which 3,500 were fully blind. The
    2009 ombudsman report noted problems involving persons with visual
    impairment exercising their right to vote. According to the election
    law, voters unable to complete a ballot on their own have the right to
    invite another person to help them vote. However, this procedure
    jeopardizes the voter's right to a secret ballot. The ombudsman urged
    the Government to make ballots available in Braille.
        During the November 28 parliamentary election, at one polling
    station in Chisinau, authorities piloted a new method of direct, secret
    voting for persons with visual impairments.
        In Transnistria children with disabilities and special educational
    requirements rarely attended school and lacked access to specialized
    resources.
        Although the law provides for equal employment opportunities and
    prohibits discrimination against persons with disabilities (with the
    exception of jobs where certain health conditions are required), in
    practice many employers failed to provide accommodation to persons with
    disabilities and avoided employing persons with disabilities.

        National/Racial/Ethnic Minorities.--There were continued reports
    that Roma experienced violence, harassment, and discrimination. NGOs
    reported instances in which Roma were denied medical services, told
    that promised jobs were already filled when they reported to employment
    centers, and were subjected to arbitrary arrests and harassment. Roma
    were the country's poorest minority group and many continued to live in
    unsanitary conditions in segregated communities lacking basic
    infrastructure. These conditions often led to segregated education and
    schools with even fewer resources than existed elsewhere in the
    country.
        Official statistics put the number of Roma in the country at
    11,600. However, some Romani NGOs estimated it to be as high as
    250,000, including 100,000 persons of voting age. NGOs asserted that
    government census forms allowed persons to identify with only one
    ethnic group, and that many Roma declined to identify themselves as
    Roma.
        A 2009 report by the NGO National Center for Roma noted several
    specific cases of police harassment of Roma, including illegal searches
    and detention, at times accompanied by verbal intimidation, racial
    slurs, beatings, and extortion demands.
        Many Romani children did not attend school, very few received a
    secondary or higher education, and the Government did not provide
    education in the Romani language. Romani NGOs estimated that 80 percent
    of Romani children were illiterate. According to a 2007 UN Development
    Program (UNDP) report, 43 percent of Romani children between the ages
    of seven to 15 did not attend school, compared with approximately 6
    percent of non-Romani children.
        According to both the Bureau for Interethnic Relations and UNDP,
    the reasons for school nonattendance for Romani children were both
    objective and subjective. Objective barriers included a lack of
    financial capacity for parents to support their children's education,
    as well as health problems and deficiencies related to school
    infrastructure. Subjective barriers included experiences of
    discrimination in schools, lack of parental support for their
    children's education, and early marriages.
        The 2009 National Center report mentioned two cases of Romani
    children denied equal access to education. In one case, officials of a
    technical college denied a Romani high school graduate free admission,
    despite the existence of a budget allocation specifically available for
    Romani students. In another case, officials at a secondary school
    advised an applicant's father to find ``another school because the
    program was too challenging for his children.'' Furthermore, they
    accused the applicants' grandmother of showing up at school and
    ``staging a Gypsy bazaar.'' The report further noted that as a result,
    at the time of writing, the children were not enrolled in any school.
        The report also noted a case of hazing and the beating of a Romani
    child by other children. The head of the local child protection office
    overseeing the case told the center's investigators informally the
    victim was ``nasty, not attending school, does not learn anything, and
    runs away from the classes.'' The official also expressed doubt that
    the incident had ever occurred.
        During the year officials at times used language insensitive to
    Roma when discussing the community. For example, in an official
    statement issued in July, the Ministry of Education used the term
    ``tsigan'' (which has a negative connotation in Romanian) to identify
    Roma as part of the 15 percent of children in special categories
    eligible for government scholarships. NGOs including the National
    Center for Roma criticized this press release and urged authorities to
    use the term ``Roma'' when referring to the community.
        In August the United Roma Alliance, an NGO to combat
    discrimination, withdrew its membership from the Government-supported
    Bureau of Interethnic Relations, which provides office space and
    financial support for ethnic groups to promote their identities. The
    alliance announced that it was taking the step because the 2006 Action
    Plan for Roma aimed at combating discrimination and improving access to
    education and employment remained unimplemented.
        Nicolae Radita of the National Center for Roma noted that the
    presence of Romani candidates and a Romani political party on the
    ballot for the early parliamentary elections in November were hopeful
    signs regarding the overall situation of Roma, although none of these
    individuals obtained seats in parliament.
        In Transnistria authorities continued to discriminate against
    Romanian speakers. Use of the Latin alphabet is forbidden by the
    Transnistrian ``constitution,'' which provides for fines of
    approximately $40.50 for those who read or write in Latin script.
    However, as part of the 1992 ceasefire agreement, the Transnistrian
    authorities allowed eight Latin-script Romanian-language schools (five
    high schools and three elementary schools) under the Moldovan Ministry
    of Education to operate in Transnistria. School employees expressed
    concern that authorities could rescind this arrangement. Approximately
    7,700 children in the region attended these eight Latin-script schools.
    The situation was more difficult for approximately 26 ``Moldovan
    language'' Cyrillic-script schools that operated under the
    Transnistrian Ministry of Education. Authorities failed to provide
    sufficient funding to those schools. Although lacking books and other
    supplies, school principals declined to accept donations of books from
    the Moldovan government because of pressure and threats from
    Transnistrian authorities.
        In 2008 a local NGO initiated a fundraising drive to help repair
    the Romanian-language Latin-script Harmatca School and prepare it for
    the upcoming school year. Transnistrian police summoned the school
    director and interrogated him about the fundraising event. They
    prohibited him from participating in the campaign and also threatened
    and intimidated other school officials. Due to the intimidation and
    threats, school authorities refused further contacts with NGOs.
        At year's end, negotiations between the central government and
    local Transnistrian educational authorities on the operation of
    Romanian-language schools had not resumed nor was there progress on
    returning the confiscated school buildings of the Evrica high school in
    Ribnita and the Stefan cel Mare high school in Grigoriopol. The Evrica
    high school continued to meet in temporary rented quarters after
    Transnistrian authorities confiscated its building in 2004. Since that
    time, Transnistrian authorities pressured the schools to reregister
    under their jurisdiction. During the year three parents complained of
    intimidation and threats that they would be dismissed from their jobs
    if they sent their children to the Evrica school. Classes often were
    interrupted by unknown persons who broke windows, and Transnistrian
    authorities and police repeatedly failed to identify the perpetrators.
    The central government provided Grigoriopol students with
    transportation and facilities in the Government-controlled town of
    Dorotcaia, approximately 10 miles away.
        In July the ECHR agreed to hear a case involving the right of 170
    Transnistrian children to study in the Romanian language, using the
    Latin alphabet. The case remained pending before the court at year's
    end. In November the ECHR admitted a second case brought by the
    parents, students, and teachers at three Romanian-language schools;
    court proceedings were pending at year's end.
        On August 31, just prior to the start of the school year,
    Transnistrian police raided the high school in the town of Corjova,
    claiming they were responding to a bomb threat. During their visit,
    police threatened the school director for displaying the Moldovan
    national flag and playing the national anthem.

        Societal Abuses, Discrimination, and Acts of Violence Based on
    Sexual Orientation and Gender Identity.--There were reports of
    governmental and societal discrimination based on sexual orientation.
    According to the gay rights NGO GenderDoc-M, lack of community
    recognition, negative media portrayals, and condemnation by the
    Orthodox Church, often led to public ostracism of LGBT persons and
    their families.
        In recent years, public officials made a series of negative
    comments regarding homosexuality. In 2007, in response to an inquiry on
    the treatment of LGBT individuals by a member of the European
    Parliament, Nicholae Esanu, who at the time was deputy minister of
    interior, responded, ``I have more important issues to solve than your
    gays and lesbians.The situation of sexual minorities in our country is
    not a priority issue for the Government.''
        In 2008, at a meeting with Balti students, Marian Lupu, speaker of
    parliament, expressed his opinion about public demonstrations of gays
    and lesbians, saying, ``Everyone is free to do whatever they want in
    private, but public parades of homosexuals are inadmissible.''
    Similarly, in a press conference on October 18, Acting President Mihai
    Ghimpu noted that his PL party's position on LGBT rights was that
    persons could invoke such rights in private, but that, as Christians,
    ``we should not popularize these kinds of rights.''
        On April 28, the Court of Appeals ruled in favor of the Chisinau
    city government, which had denied a permit by organizers of an LGBT
    pride parade scheduled for May 2 in Chisinau's central square. The city
    mayor's office had denied the permit, noting its concern over
    counterdemonstrations planned by Christian groups and NGOs. Mayor Dorin
    Chirtoaca proposed an alternative location away from the center of the
    city, but parade organizers rejected that alternative. During the only
    previous pride parade, held in 2008, police failed to intervene as
    counterdemonstrators physically attacked parade participants.
        On December 6, a 27-year-old gay man took his life following an
    incident of homophobic harassment by the Moldovan police during the
    day. The incident started when a police car arrived at a known
    ``cruising area'' in Chisinau. The police asked two men to go with them
    to the police car, where police officers proceeded to abuse verbally
    and intimidate the two men with homophobic and derogatory remarks. As a
    witness to the incident, a male staff member from the local LGBT rights
    organization Gender Doc-M, attempted to intervene on their behalf. The
    outreach worker contacted the president of Gender-Doc-M whose
    intervention resulted in the men's release but not before the police
    had taken their personal details including their work addresses. Only
    one of the police officers, Sergiu Gaina, presented his identity; his
    anonymous colleague was armed. After the incident, the young man went
    home, called his mother and apologized to her for being gay. Later that
    night, the man hanged himself.
        Gender Doc-M issued a press release, stating that while the exact
    reasons for the suicide may never be known, this incident, as witnessed
    by one of their outreach workers, was consistent with a pattern of
    police abuse of power towards the LGBT community, which included
    blackmailing or threatening and detaining LGBT individuals at police
    stations. Authorities failed to launch any investigation into this
    incident, and subsequent appeals by Gender Doc-M officials to the
    Interior Ministry and the police received no reply.
        In Transnistria homosexual activity is illegal, and LGBT persons
    were subject to governmental and societal discrimination.
        In recent years, over 30 citizens were forced to travel abroad to
    undertake gender-reassignment surgeries, since no such services were
    available in the country. While authorities allowed individuals to
    change their names (for example, from a male name to a female name),
    the Government did not allow persons to change the gender listed on
    their identity cards or passports.

        Other Societal Violence or Discrimination.--NGOs including the
    League of People living with HIV, the Regional Centre for Community
    Policies, and ``New Life'' reported that persons living with HIV faced
    frequent societal and official discrimination, particularly by medical
    workers. While various laws enshrine patient confidentiality as an
    inherent right and prohibit the unauthorized disclosure of personal
    medical information, NGOs reported numerous cases of an individual's
    HIV status disclosed by physicians or nurses. Such instances occurred
    primarily in rural areas and smaller communities with a relatively low
    number of patients. No measures were taken to prevent such abuses.
        Following disclosure of the HIV status of a person, their children
    were often ostracized in kindergartens and schools, and employers found
    reasons to discharge the HIV-positive individuals. Such patients avoid
    taking action against the medical workers from fear of further
    discrimination. Authorities were investigating a case of medical
    misconduct in Ungheni, in which a healthcare worker disclosed a
    patient's HIV status. With the help of local social workers, the victim
    presented a formal complaint to the local prosecutor's office.
        In December 2009 an HIV positive prisoner identified as S.V. was
    refused access to prison gym facilities. When he complained to the
    district prosecutor's office about the refusal, the prosecutor replied
    that it was appropriate to deny this individual access to the
    facilities because of his HIV status. The Moldovan Institute for Human
    Rights submitted a complaint to the Prosecutor General's Office
    requesting disciplinary action against the district prosecutor. The
    office replied that the nature of HIV is such that S.V. should be in a
    ``certain degree of isolation from the rest of the detainees.'' As the
    institute was preparing to file a formal complaint to the Ministry of
    Justice, the Penitentiary Department decided to permit S.V. access to
    some gym equipment.
        One of the conditions for immigration to the country is that
    prospective immigrants obtain a medical certificate containing the
    results of an HIV test. In three cases during the year, the Interior
    Ministry's Bureau of Asylum and Migration refused to issue immigration
    certificates to HIV-positive individuals because such persons suffered
    diseases presenting a danger to public health. The applicants appealed
    these rulings, and the cases remained pending before the courts at
    year's end. In one of these cases, the Supreme Court posted a decision
    on its website, which disclosed the identity and HIV status of the
    applicant.
    Section 7. Worker Rights

        a. The Right of Association.--The law provides workers with the
    right to form and join independent unions and conduct their activities
    without government interference; however, this right was not always
    respected in practice. Unions may only acquire legal status if they are
    members of national, sectoral, or intersectoral organizations.
    Approximately 46 percent of the workforce was unionized. The law
    forbids police and members of the armed forces from joining unions.
        The law does not provide sanctions for violations of freedom of
    association, and labor organizations reported that labor inspectorates
    and prosecutors' offices failed to monitor and enforce the right to
    organize effectively.
        The law provides for the right to strike, except for government
    workers and workers in essential services such as law enforcement.
    Healthcare providers and public utility employees are not allowed to
    strike during duty hours. Political strikes are prohibited. Compulsory
    arbitration may be imposed at the request of only one party to the
    conflict. Workers exercised the right to strike by conducting legal
    strikes during the year.

        b. The Right to Organize and Bargain Collectively.--The law
    provides for collective bargaining and the right to organize; however,
    this right was not always respected in practice.
        The law does not stipulate penalties for violating trade union
    rights, although it does prohibit antiunion discrimination. As a
    result, prosecutors may reject appeals by trade unions alleging
    antiunion behavior and during the year, violations of the trade union
    law remained unpunished. According to the Prosecutor General's Office
    activity report, released early in the year, there were no cases of
    criminal investigations initiated by the prosecutors on infringement of
    right to organize and bargain collectively.
        In 2008 the Government ignored a request by the Education and
    Science Trade Union (ESTU) to enter into collective bargaining for a
    salary increase. ESTU subsequently organized a picket line in front of
    government buildings in protest. Upon assuming office, the AEI
    government announced that teachers would be the only government
    employees to receive a scheduled annual salary increase. In September
    2009 the Government increased salaries for teachers by 24 percent.
        In February the formerly government-controlled National Trade
    Confederation (CNSM), which represented 450,000 workers across almost
    all economic sectors, joined the International Trade Union
    Confederation as part of an internal democratization process. The CNSM
    is a member of commissions on which it can discuss labor-related issues
    with employers and government representatives.
        There are no special laws or exemptions from regular labor laws in
    export processing zones.

        c. Prohibition of Forced or Compulsory Labor.--The law prohibits
    forced or compulsory labor, with exceptions. The law and a government
    decision allow central and local authorities, as well as military
    bodies, to mobilize the adult population under certain conditions, such
    as military service and national calamities, and employ such labor to
    develop the national economy. The Government did not invoke this
    provision during the year.
        Men, women, and children were trafficked for commercial sexual
    exploitation and forced labor, although the numbers of reported cases
    have declined in recent years. Also, see the Department of State's
    annual Trafficking in Persons Report at www.state.gov/g/tip.
        The NGO Pacifists without Borders accused military centers and
    conscription commissions of violating the rights of persons who have
    reached the age of conscription for military service (18 years). The
    NGO stated that to reach conscription targets, military centers and
    conscription commissions declared some men fit, both physically and
    mentally, for conscription without medical examinations and without
    taking into account their beliefs and values.
        The law prohibits forced or compulsory child labor.

        d. Prohibition of Child Labor and Minimum Age for Employment.--The
    law sets standards for child labor, including the minimum age for
    employment, hours of work, and working conditions, and prohibits the
    worst forms of child labor. However, these protections were not
    effectively enforced, and child labor was a problem. Parents who owned
    or worked on farms often sent children to work in fields or to find
    other work.
        According to the estimates of the Children's Activities Survey,
    conducted in 2009 by the Ministry of Labor, Social Protection, and
    Family, 177,872 children, who represent 29.8 percent of 15 to 17-year-
    olds, were economically active. The employment rate was as high as 17.6
    percent among boys between the ages of five and 11. Approximately half
    of boys between the ages of 15 to 17 were employed. Among girls this
    figure was approximately 35 percent. Despite the high employment rate
    among children, the average number of work hours for children was an
    estimated nine hours per week. Oleg Budza, chair of the Confederation
    of Trade Unions, acknowledged the prevalence of child labor, especially
    in agricultural and sales sectors (markets) as well as the service
    economy.
        There were reports that farms and agricultural cooperatives signed
    contracts with school directors to have students work during the
    harvest high season; children were paid for the work but were pressured
    to participate. On several occasions during the autumn harvest, the
    ombudsman responsible for children investigated reports of children
    working in fields and vineyards and returned the children to their
    schools, threatening school authorities with fines. During inspections
    conducted between June and October, the Labor Inspectorate Office (LIO)
    found 405 persons under the age of 18 working for 14 agricultural
    farms, including 245 children under the age of 16. As a result of LIO
    inspections, 40 children were removed from the worst forms of child
    labor, including five children under 15 years old working in the
    agricultural sector.
        The minimum age for unrestricted employment is 18 years. Persons
    between the ages of 16 and 18 are permitted to work under special
    conditions, including shorter workdays. Individuals falling within this
    age range are prohibited from night, weekend, or holiday shifts and are
    not permitted to work overtime. Fifteen-year-old children may work only
    with written permission from a parent or guardian. The most common
    labor violations involving persons under the age of 18 were failure to
    issue work contracts, illegal overtime, scheduling work during school
    hours, and underpayment or nonpayment of wages.
        Children worked illegally picking apples, sewing in factories,
    working as waiters, and in construction. Children also regularly worked
    in theaters, car washes, markets, and transportation. During
    inspections, one of the most commonly identified violations involving
    child labor was a lack of legally required labor contracts. In addition
    to illegal child labor, the inspections uncovered other violations
    involving children, such as lack of proper safety equipment and
    education, the participation of children in heavy labor or work with
    dangerous chemicals, as well as violations in the areas of compensation
    and vacation calculation.
        Efforts by the LIO to enforce child labor laws did not effectively
    prevent violations. Between January and October, the LIO uncovered 50
    cases involving the employment of individuals younger than 18 years,
    and 51 cases of children working illegally without a work record card
    or signed work agreement. Of these 101 child labor violations, the LIO
    referred eight to courts for further action. While the LIO could stop
    ongoing child labor activities, it lacked the authority to punish
    violators.
        Through September, the LIO reported 454 violations against economic
    agents for breaching labor legislation, and forwarded the documentation
    to the courts. There were 32 contraventions impeding the activity of
    the public officers forwarded to CCECC for farther investigations and
    subsequent action.
        There were reports that children, including those in state-run
    orphanages, were trafficked within and to points outside the country
    for commercial sexual exploitation, labor, and begging. The law
    provides for 10 to 15 years' imprisonment for persons involving
    children in the worst forms of child labor, and under aggravated
    circumstances, the sentence could be life imprisonment.

        e. Acceptable Conditions of Work.--The minimum monthly wage for the
    private sector of the economy was amended on February 1, and set at
    1,100 lei ($91) per month. The Ministry of Labor, Social Protection,
    and Family announced that all economic agents had four months--until
    May 1--to adjust their internal policies and salary calculations to the
    new minimum wage. The amount was established after lengthy negotiations
    with unions and company owners. The minimum monthly wage for the public
    sector is established by the Government and was set in January 2009 at
    600 lei ($50) per month. In October the National Bureau of Statistics
    reported that the average monthly salary was 2,957 lei ($238).
        The law sets the maximum workweek at 40 hours with extra
    compensation for overtime and provides for at least one day off per
    week. LIO field visits led to the sanctioning of violators when
    discovered, but staff and funding deficiencies limited the frequency of
    such visits. While the country had few foreign or migrant workers, the
    law gives them equal status to domestic workers.
        A thriving informal economy and black market accounted for a
    significant portion of the country's economic activity. Union
    representatives believed that the shadow economy employed approximately
    30 to 40 percent of the workforce.
        Under the labor code, work contracts are required for all
    employment, even on private farms. Registration of contracts with local
    officials is required, and the copies sent to the local labor
    inspectorate. The 2009 LIO report noted that joint inspection teams
    comprised of the LIO, tax inspectorate, and Interior Ministry,
    operating in April and May 2009, identified approximately 900 persons
    employed at about 250 enterprises without such contracts, a further
    indication of the shadow economy. There were also no reports of such
    contracts offered in the agricultural sector, and the central
    government did not have a mechanism to monitor compliance with the
    requirement.
        The Government is required to establish and monitor safety
    standards in the workplace, and the LIO was responsible for enforcing
    health and safety standards. During the first nine months of the year,
    the LIO performed 5,112 inspections, 2,578 of which were health and
    safety inspections, in which the LIO documented 34,165 health and
    safety infringements. During the same period, the LIO inspected 3,253
    companies employing 198,000 persons, and uncovered 100 companies
    employing 560 persons without proper documentation.
        The law provides workers the right to refuse work if conditions
    represent a serious health or safety threat, but there were no reports
    that workers exercised this right in practice. Poor economic conditions
    led enterprises to economize on safety equipment and provide inadequate
    attention to worker safety. LIO representatives noted severe financial
    and legal constraints on inspectors' activities, ranging from lack of
    Internet access, training, and fuel for inspectors, to a system of
    incentives that drives employers to pay minimal fines for violations
    rather than address underlying problems.

                                   __________

                                     MONACO

        The Principality of Monaco has an estimated resident population of
    35,000, of whom approximately 7,000 have Monegasque citizenship. It is
    a constitutional monarchy in which the sovereign prince plays the
    leading governmental role. The prince appoints the Government
    consisting of a minister of state and five counselors responsible for
    finance and economy, internal affairs, health and social affairs,
    environment and city planning, and external affairs. The prince shares
    the country's legislative power with the popularly elected 24-member
    National Council. In 2008 the country held multiparty elections for the
    National Council that were considered free and fair. The National
    Council meets at least twice a year to consider bills proposed by the
    prince's government. The prince may dissolve the National Council at
    any time, provided that new elections are held within three months. The
    Crown Council has seven members, three chosen directly by the prince
    and four chosen by the prince from nominees put forward by the National
    Council. Security forces reported to civilian authorities.
        The electoral system allows citizens to change many aspects of
    their government, but there is no constitutional provision to allow the
    citizens to change the monarchical nature of the Government.
                            respect for human rights
    Section 1. Respect for the Integrity of the Person, Including Freedom
            From:

        a. Arbitrary or Unlawful Deprivation of Life.--There were no
    reports that the Government or its agents committed arbitrary or
    unlawful killings.

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

        c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
    Punishment.--The constitution and law prohibit such practices, and
    there were no reports that government officials employed them.

        Prison and Detention Center Conditions.--The country has one
    detention center/penitentiary, which generally met international
    standards, and the Government permitted monitoring by independent human
    rights observers. Non-Monegasque convicted persons sentenced to long
    prison terms are generally sent to France to serve their term while
    citizens of Monaco remain incarcerated in Monaco.

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

        Role of the Police and Security Apparatus.--Civilian authorities
    maintained effective control over the national police and the
    Carbiniers du Prince, the ceremonial military unit which guards the
    prince's palace. 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 Procedures and Treatment While in Detention.--Arrest
    warrants are required, except when a suspect is arrested while
    committing an offense. The police must bring a detainee before an
    investigating magistrate within 24 hours to inform the detainee of the
    charges against him and of his rights under the law. Most detainees
    were released without bail, but the investigating magistrate may order
    detention on grounds that the suspect might flee or interfere with the
    investigation of the case. Monaco and France work cooperatively to
    return any fugitive who flees Monaco into France. The investigating
    magistrate may extend the initial two-month detention for additional
    two-month periods indefinitely. Detainees generally have prompt access
    to a lawyer. The investigating magistrate customarily permits family
    members to see detainees.

        e. Denial of Fair Public Trial.--The constitution and law provide
    for an independent judiciary, and the Government generally respected
    judicial independence in practice. Under the law the prince delegates
    his judicial powers to the judiciary.

        Trial Procedures.--The constitution and the law provide the right
    to a fair, public trial, and an independent judiciary generally
    enforced this right. The defendant enjoys a presumption of innocence.
    Trials are public, unless one of the following conditions exists: the
    trial involves a person less than 18 years of age, either the
    prosecutor or defendant requests a closed trial, publicity would cause
    public unrest, or the public trial would be morally prejudicial. In
    criminal cases a three-judge tribunal considers the evidence collected
    by the investigating magistrate and hears the arguments made by
    prosecuting attorney/s and defense attorney/s. Juries are not used. The
    defendant has the right to be present and the right to counsel, at
    public expense if necessary. Defendants have the right to question
    witnesses against them and to present their own witnesses. Defendants
    and their attorneys have access to government-held evidence relevant to
    their cases. Defendants enjoy the right of appeal. After being found
    guilty and receiving a definitive sentence, foreign convicts are
    transferred to a French prison to serve out their terms. All citizens
    enjoy these rights.

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

        Regional Human Rights Court Decisions.--The country is subject to
    the European Court of Human Rights. During the year the court issued no
    judgments or decisions in which the country was involved.

        Civil Judicial Procedures and Remedies.--The country has an
    independent and impartial judiciary in civil matters, and residents
    have access to a court to bring lawsuits seeking damages for, or
    cessation of, a human rights violation. Plaintiffs regularly use
    available administrative remedies to seek redress for alleged wrongs.

        f. Arbitrary Interference With Privacy, Family, Home, or
    Correspondence.--The constitution and law prohibit such actions, and
    the Government generally respected these prohibitions in practice.
    Section 2. Respect for Civil Liberties, Including:

        a. Freedom of Speech and Press.--The constitution and law provide
    for freedom of speech and of the press, and the Government generally
    respected these rights in practice. However, articles 58 and 60 of the
    Penal Code prohibit public denunciations of the ruling family,
    provisions that the media followed in practice. The law provides for
    punishment of six months' to five years' imprisonment for violation of
    articles 58 and 60. No one was charged with violating these statutes
    during the year.
        As limited by the provisions of articles 58 and 60, an independent
    press, an effective judiciary, and a functioning democratic political
    system combined to ensure freedom of speech and of the press.

        Internet Freedom.--There were no government restrictions on access
    to the Internet or reports that the Government monitored e-mail or
    Internet chat rooms. Individuals and groups could engage in the
    peaceful expression of views via the Internet, including by e-mail.
    According to International Telecommunication Union statistics for 2009,
    approximately 70 percent of the country's inhabitants used the
    Internet.

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

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

        c. Freedom of Religion.--For a complete description of religious
    freedom, please see the 2010 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 country is a party to the 1951 Convention relating to the
    Status of Refugees, and on June 16 signed the1967 Protocol relating to
    the Status of Refugees. On June 18, the Government also signed a
    cooperation agreement with the Office of the UN High Commissioner for
    Refugees.

        Protection of Refugees.--In theory the Government is committed to
    following international norms regarding protection against the
    expulsion or return of refugees to countries where their lives or
    freedom would be threatened on account of their race, religion,
    nationality, membership in a particular social group, or political
    opinion. In practice the country depends on bilateral arrangements with
    France in all matters relating to refugees and asylum. During the year
    there were no reported cases of the Government granting refugee status
    or political asylum. Illegal residents are referred to the French
    authorities and taken out of the country. The Government refers refugee
    requests to the French government.
    Section 3. Respect for Political Rights: The Right of Citizens to
            Change Their Government
        The authority to change the Government and to initiate laws rests
    solely with the prince. The constitution can be revised by common
    agreement between the prince and the elected National Council.

        Elections and Political Participation.--As head of state, the
    prince names the minister of state, in effect the prime minister,
    frequently a French citizen chosen in coordination with the Government
    of France. The prince also names the five other counselors who make up
    the Government.
        Only the prince may formally initiate legislation, but the 24-
    member National Council may propose legislation to the Government. All
    legislation and the adoption of the budget require the National
    Council's assent.
        Elections for the National Council are held every five years and
    are based on universal adult suffrage and a secret ballot. The 2008
    National Council elections were considered free and fair. Several
    political parties exist, operate freely, and are active on both the
    national and municipal level.
        There were six women in the 24-member National Council, and two
    women in the seven-member Crown Council.
        There were no members of minorities in the Government.
    Section 4. Official Corruption and Government Transparency
        The law provides criminal penalties for official corruption, and
    the Government generally implemented these laws effectively. There were
    isolated reports of governmental corruption alleged during the year,
    but no formal proceedings against government officials for corruption.
    Public officials are not subject to financial disclosure laws.
        The law provides for public access to government information, and
    the Government provided access in practice for citizens and
    noncitizens, including foreign media.
    Section 5. Governmental Attitude Regarding International and
            Nongovernmental Investigation of Alleged Violations of Human
            Rights
        While the Government did not restrict the establishment or
    operation of groups devoted to monitoring human rights, none existed in
    the country during the year, nor did the country have an ombudsman for
    human rights problems. The country's legislature (the National Council)
    did not have a committee charged with oversight of human rights. The
    Government is committed to full cooperation with any UN or other
    international human rights organization, but no monitoring visits by
    international human rights organizations took place during the year.
    Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
        The constitution provides that all nationals are equal before the
    law. It differentiates between rights accorded to nationals (including
    preference in employment, free education, and assistance to the ill or
    unemployed) and those accorded to all residents (including
    inviolability of the home). The law prohibits discrimination based on
    race, gender, disability, language, or social status, and the
    Government generally enforced it.

        Women.--Rape, including spousal rape, is a criminal offense. There
    were no arrests or prosecutions for any form of rape during the year.
        Instances of violence against women were rarely reported. Spousal
    abuse is prohibited by law, and victims may bring criminal charges
    against their spouses.
        Sexual harassment is illegal, and the Government effectively
    enforced the law. There were no reports of sexual harassment this year.
        Couples and individuals have the right to decide freely and
    responsibly the number, spacing, and timing of their children, and to
    have the information and means to do so free from discrimination,
    coercion, and violence. There was easy access to contraception, skilled
    attendance during childbirth, and women were diagnosed and treated for
    sexually transmitted infections, including HIV, equally with men.
        Although the law provides for the equality of men and women, there
    is no institution with a mandate to monitor gender inequalities. The
    law governing transmission of citizenship provides for equality of
    treatment between men and women. Women were well represented in
    professions, but less well in business and financial professions. While
    no data was available, observers believed that there was a small and
    gradually diminishing gender pay discrepancy.

        Children.--Citizenship may be transmitted through either parent.
    Citizenship is not derived from birth within the territory. The
    Government registers all births immediately.
        Child abuse was generally believed not to be a serious problem. The
    Government sponsors public service programs against child abuse, and
    the country's helpline service provides a means of reporting and
    addressing child abuse.
        The country is a party to the 1980 Hague Convention on the Civil
    Aspects of International Child Abduction. For information on
    international child abduction, please see the Department of State's
    annual report on compliance at http://travel.state.gov/abduction/
    resources/congressreport/congressreport--4308.html.

        Anti-Semitism.--There were no reports of societal violence,
    harassment, or discrimination against members of any religious group.
    The Jewish community numbered approximately 1,000 persons. There were
    no reports of anti-Semitic incidents or attacks.

        Trafficking in Persons.--In 2009 there were no confirmed reports
    that persons were trafficked to, from, or within the country.

        Persons With Disabilities.--The constitution and the law prohibit
    discrimination against persons with physical, sensory, intellectual,
    and mental disabilities in employment, education, access to health
    care, and the provision of other state services. The Government
    effectively enforced these provisions. There was no reported
    governmental or societal discrimination against persons with
    disabilities. The Government through the Ministry of Health and Social
    Affairs has largely fulfilled the legal requirement to provide access
    to public buildings for persons with disabilities. According to
    government statistics, approximately 2 percent of minors (persons under
    18) were considered either to have disabilities or to be in danger and
    therefore in need of assistance from the Social Welfare Services.

        Societal Abuses, Discrimination, and Acts of Violence Based on
    Sexual Orientation and Gender Identity.--No specific laws protect
    lesbians, gays, bisexual, or transgender persons from discrimination.
    The law imposes a punishment of five years' imprisonment ``for those
    who harbor hatred or violence towards a person or group of persons.
    based on their sexual orientation, real or supposed.'' However, under
    the law, a racial or sexual discrimination infraction is not seen as an
    aggravating circumstance, as it is in France. In July the first-ever
    case of gay discrimination was reported to the court.

        Other Societal Violence or Discrimination.--There were no reports
    of violence or discrimination against persons with HIV/AIDS.
    Section 7. Worker Rights

        a. The Right of Association.--By law, workers are free to form and
    join independent unions of their choice, but fewer than 5 percent of
    workers were unionized. Non-Monegasque workers, who constitute
    approximately 97 percent of the work force, have the right to join
    unions. Of the larger foreign work force, nearly 70 percent are French
    or Italian citizens. Unions were independent of both the Government and
    political parties.
        The constitution and law provide for the right to strike, but
    government workers may not strike. The law protects the right of
    workers to belong to a trade union. Failure to respect this right is
    punishable by a fine or imprisonment from three months to a year.

        b. The Right to Organize and Bargain Collectively.--The law
    provides for the free exercise of union activity, and workers exercise
    this right in practice. In reality, strike actions are infrequent.
    Employer organizations and trade unions negotiate agreements on working
    conditions. Collective bargaining is protected by law; however, it was
    rarely used because of the widespread use of individual contracts.
    Labor contracts are negotiated between employers and each worker
    individually and are subject to work law and regulations.
        Antiunion discrimination is prohibited. Union representatives may
    be fired only with the agreement of a commission that includes two
    members from the employers' association and two from the labor
    movement. During the year no cases were brought before this commission.
    Allegations of dismissal for union activity may be brought before the
    labor court, which can order redress, such as the payment of damages
    with interest.
        There are no export processing zones.

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

        d. Prohibition of Child Labor and Minimum Age for Employment.--The
    minimum age for employment is 16 years old; those employing children
    under that age may be subject to a fine under criminal law. Workers
    between the ages of 16 and 18 may not perform nighttime work. The
    counselor of government for the interior is responsible for enforcing
    the child labor laws and regulations, and they were effectively
    enforced.

        e. Acceptable Conditions of Work.--The legal minimum wage for full-
    time work is the French minimum wage, 8.86 euros per hour ($11.87) plus
    a 5-percent adjustment to compensate for the travel costs of the three-
    quarters of the workforce who commute daily. The minimum wage provided
    a decent standard of living for a worker and family. Most workers
    received more than the minimum wage.
        The legal workweek is 39 hours. The Government allows companies to
    reduce the workweek to 35 hours if they so choose. Regulations provide
    for a minimum number of rest periods and premium pay for overtime. Law
    and government decree fix health and safety standards, which health and
    safety committees in the workplace and the Government labor inspector
    enforced.
        Workers have the right to remove themselves from dangerous work
    situations without jeopardy to their employment, and authorities
    effectively enforced this right.

                                   __________

                                   MONTENEGRO

        Montenegro is a mixed parliamentary and presidential republic with
    a population of 670,000. Both the parliament and the president are
    elected by popular vote. The president nominates the prime minister,
    who must win parliamentary approval. International observers reported
    that parliamentary elections held in March 2009 met almost all
    international standards but were marked by frequent allegations of
    electoral fraud and a blurring of state and party structures.
        Principal human rights problems included police mistreatment of
    suspects in detention; substandard prison conditions; police impunity;
    lengthy pretrial detention; inefficient trials; intimidation of
    journalists; mistreatment of refugees; widespread reports of government
    corruption; denial of public access to information; discrimination
    against women; trafficking in persons; discrimination against persons
    with disabilities; discrimination against ethnic minorities,
    particularly Roma; intolerance based on sexual identity; and
    infringement on the rights of workers.
                            respect for human rights
    Section 1. Respect for the Integrity of the Person, Including Freedom
            From:

        a. Arbitrary or Unlawful Deprivation of Life.--There were no
    reports that the Government or its agents committed arbitrary or
    unlawful killings.
        On June 29, the High Court convicted police officer Rade Popovic of
    the June 2009 killing of Danijel Dedejic and sentenced him to six years
    in prison. The officer, who was off duty at the time, punched the
    victim in the face, and the victim died six days later.
        During the year authorities continued to pursue several cases
    involving charges of war crimes committed during 1991-99. The trial of
    eight officers and soldiers of the Podgorica Corps of the former
    Federal Republic Yugoslav Army, who were accused of the 1999 killing of
    23 Albanian civilians in Kaludjerski Laz near Rozaje, continued at
    year's end. One defendant was being tried in absentia; the others
    remained in detention. The families of two of the alleged victims filed
    civil suits claiming compensation of 15,000 euros ($19,950) and 20,000
    euros ($26,600), respectively, for mental anguish.
        On April 22, the special prosecutor for the suppression of
    organized crime, corruption, terrorism, and war crimes, detained seven
    former military and police personnel and charged them with war crimes
    against Muslims in 1992-93 in the Bukovica region. The trial began on
    June 28. On December 31, the Bijelo Polje Superior Court acquitted the
    accused for lack of evidence.
        Some nongovernmental organizations (NGOs), media, and opposition
    figures alleged that authorities manipulated the processing of the war
    crimes cases ahead of the May local elections. Twenty families whose
    members were victims of the alleged crimes filed civil suits with the
    Podgorica Basic Court. The court decided the civil case of Saban and
    Arifa Rizvanovic and ordered the Government to pay each 10,000 euros
    ($13,300) for physical and mental anguish. The Belgrade Fund for
    Humanitarian Law, the Rizvanovic court representative, voiced
    dissatisfaction with the level of compensation.
        The trial continued of nine defendants charged with the deportation
    to Bosnia and Herzegovina of Muslims and Serbs who fled to Montenegro
    from Bosnia in 1992. The deported Bosnians were reportedly killed by
    Republika Srpska forces, and the deported Serbs, mostly deserters from
    the Republika Srpska army, were turned over to that army. While four
    defendants remained in custody; another four were arrested in Belgrade
    on October 29, in accordance with the new bilateral extradition
    agreement between Serbia and Montenegro. One defendant (Dusko Bakrac)
    remained at large. On November 23, unknown persons vandalized the
    vehicle of Slobodan Pejovic, a former colleague of those being charged,
    who testified in the case on October 20. This was the fifth incident
    involving vandalism against Pejovic. The perpetrators were never found,
    although police have maintained surveillance over the building in which
    Pejovic lived with his family. Pejovic told media that these instances
    of vandalism represented a continuation of pressure on him and an
    attempt to destabilize him as a person because of his testimony.
    Several hours after his car was demolished, his daughter was fired from
    the Ministry of Tourism. The ministry stated that she was fired not for
    political reasons but because she had completed her internship. Pejovic
    claimed that the secret service was behind the measures against him.
    Referring to the statements by some witnesses heard during the trial,
    the Association of Families of Deported Bosnian Citizens announced that
    they would file legal charges accusing Pejovic for being an accomplice
    in the crime.
        On December 6, the Court of Appeals revoked a May decision of the
    Podgorica Superior Court that found six former Yugoslav People's Army
    soldiers and reservists guilty of war crimes in 1991 and 1992 in the
    Morinj prisoner of war camp and sentenced them to prison terms ranging
    from one and one-half to four years. The Court of Appeals ordered the
    Superior Court to repeat the trial. The five accused who had been
    apprehended were released, while one, convicted in absentia, remained
    at large at year's end.
        In July authorities undertook a search for a suspected mass grave
    containing the bodies of Kosovo Albanians killed on the territory of
    Montenegro during the 1990s; no evidence of the graves was found.
        On February 17, authorities extradited Stanko Kovacevic to Croatia.
    They arrested him in November 2009, based on a 2001 Interpol arrest
    warrant issued in Zagreb alleging that he committed war crimes in
    Croatia during the 1990s.
        On March 24, police arrested Nikola Munjes, a refugee from
    Benkovac, Croatia, on a Croatian war crimes warrant. They held him in
    detention after his arrest, pending possible extradition.
        On August 24, authorities extradited Marin Krivosic to Croatia
    where he was wanted for war crimes allegedly committed in 1991. On
    December 28, in Pljevlja, police arrested Milojko Nikolic, a member of
    the former Serbian paramilitary group ``Jackals,'' who was suspected of
    involvement in war crimes against Albanian civilians during the war in
    Kosovo. The recent agreement on extradition between Montenegro and
    Serbia would require authorities to extradite him to Serbia, where
    former ``Jackals'' were on trial on the charge that in1999, in the
    village Cuska,in Kosovo, they killed 44 Albanian civilians and
    destroyed or set fire to more than 40 houses.

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

        c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
    Punishment.--The constitution and law prohibit such practices; however,
    police at times beat and harassed suspects while arresting them or
    detaining them for questioning.
        In June the NGO Youth Initiative for Human Rights (YIHR) asserted
    that the number of cases of police misconduct decreased during the
    first six months of the year. However, the NGO also noted that citizens
    reporting misdeeds of police officers faced difficulties:
    investigations of such cases were slow, evidence was difficult to
    obtain, and officers often remained on duty while they were being
    investigated.
        In a report on its 2008 mission to the country that was released in
    March, the Council of Europe's Committee for the Prevention of Torture
    (CPT) noted that the CPT mission members heard many accusations of
    police mistreatment of persons in their custody, primarily in the first
    hours of detention in an effort to extract confessions. Both men and
    women complained of ``slaps, punches, and kicks and blows with
    truncheons, gun butts, or other hard objects.'' The report stated that
    in several instances, the delegation noted evidence consistent with the
    charges in the medical documentation at prison establishments.
    Authorities responded by describing a number of measures they have
    taken to discourage such practices.
        During the year the Department for Internal Control of Police
    Operations received 95 complaints concerning police conduct, compared
    with 112 during 2009. The department found 14 cases justified and 81
    unjustified. Police stated that they took disciplinary actions in
    response to those complaints they considered justified.
        Although there is a legally mandated agency, the Council for
    Civilian Control of Police Operations, to which citizens could address
    complaints of abuse, it is only empowered to make recommendations.
    Since its establishment in 2004, the council has reviewed and forwarded
    approximately 400 citizen complaints. In some cases, police failed to
    respond to these recommendations. The council publicly invited police
    officers to inform the Police Directorate and prosecutors about
    possible police mistreatment of citizens and other irregularities.
        Aleksandar Zekovic, a member of the council, accused the Police
    Directorate of failing to punish adequately some officers found to have
    abused their office. The police rejected those claims as unfounded. A
    group of NGOs protested against the Parliament's failure to confirm the
    renomination procedure of the NGO representative in that body (Mr.
    Zekovic), while it endorsed the nominations of other four members.
        Observers noted that during the year, police filed fewer
    countercharges against individuals who reported police abuse than in
    the past. It was widely believed that the practice of filing such
    charges contributed to the reported reluctance of citizens to report
    police mistreatment.
        Delays in processing some allegations of police abuse at times led
    to their dismissal by the courts because they had not been filed in a
    timely manner. For example, in September 2009 the Basic Court in
    Podgorica cited this reason when it shelved the indictments of police
    officers Darko Delic, Darko Knezevic, Dragan Krstovic, Velimir
    Rajkovic, and Slavko Minic, who had been accused of mistreating Milovan
    Jovanovic.
        During the year there were a number of incidents in which
    authorities were charged with, or convicted of, mistreating persons in
    their custody. For example, authorities in Herceg Novi charged police
    officer Bozidar Jaukovic with mistreating Milos Konjevic after Jaukovic
    arrived on the scene of an altercation on July 21. Konjevic claimed to
    have been severely beaten by Jaukovic.
        The High Court in Bijelo Polje opened an investigation against
    police officer Dejan Radevic. Radevic was being investigated for
    excessive use of force while arresting Asmir Dacic on December 13 in
    Rozaje.
        No new information was available regarding the May 2009 case of
    police officer Kenan Osmankadic, who wounded mental patient Batric
    Knezevic while escorting him to the mental hospital in Kotor.
    Authorities acknowledged that Osmankadic made some professional
    mistakes and pressed charges against him.
        In August the Danilovgrad Basic Court sentenced police officer
    Dragan Djukic to three months in prison for the 2008 mistreatment of
    Prelja Djokic in the Konik district police station in Podgorica.
        On June 11, the Podgorica Basic Court sentenced police officers
    Milan Kljajevic and Milanko Lekovic to five months in prison and Ivica
    Paunovic to three months for complicity in the mistreatment of
    Aleksandar Pejanovic while he was in custody in 2008. The court
    acquitted three other police officers: Bojan Radunovic, Dobrivoje
    Djurisic, and Goran Stankovic. The convicted police officers appealed.
    In response to statements made by Stankovic, the prosecutor's office
    started and then stopped a new trial of Kljajevic, Lekovic, Paunovic,
    Radunovic, and Djurisic. Aleksandar Pejanovic then filed a legal case
    against Radunovic and Djurisic. In December 2009, during the trial,
    Stankovic alleged that several of his colleagues, mostly supervising
    and higher ranking officers, committed a series of offenses related to
    ordering, enabling, and covering up the torture of Pejanovic, including
    forging official records.
        A trial was underway in the Basic Court of Bar in a case involving
    earlier alleged police misconduct, including five Bar police officers
    (Nesko Jaredic, Veselin Buskovic, Rifat Ramusovic, Ivica Raicevic, and
    Jagos Pivljanin) charged with beating Predrag Djukic and Ivan Abramovic
    in a police station in 2007. There were no reported developments in the
    case of two former police officers charged with abuse of power,
    extortion, and mistreatment of a flower vendor in Herceg Novi.
        During the year the Berane Basic Court charged police officers Ivan
    Bojovic, Nebojsa Veljic, and Zeljko Devic with abusing four Kosovo
    Albanians detained in 2007. The trial was pending with the court at
    year's end.
        On June 10, the Basic Court in Bar sentenced police officer Mirko
    Banovic to three months in prison and issued suspended sentences to
    Vuksan Damjanovic, Jugoslav Raicevic, and Nenad Krstajic for the 2005
    beating of Milika Bukilic in Bar.
        No new information was available concerning the investigation of
    former Podgorica police chief Milan Vujanovic, who reportedly ordered
    the beating of prisoners during a raid on Spuz Prison in 2005. In their
    report for the second quarter, the domestic NGO YIHR reported that the
    number of cases in which police and other security officers were
    involved in torture was lower than in the previous period, but the
    number of cases of politically motivated violence was at a ``level to
    cause concern.''
        On June 25, a group of young men attacked the teenage son of the
    opposition Movement for Change party leader Nebojsa Medojevic,
    inflicting minor injuries. Three men were arrested. The attack followed
    a physical assault on Medojevic himself outside his home earlier in the
    year, shortly after he had given a high-profile interview during which
    he publicly named a suspected criminal figure. Medojevic asserted the
    attack was politically motivated. The Police Directorate strongly
    denied the claim; however, the Council for Civilian Control of Police
    Operations concluded that police exceeded their authority by expressing
    a view about the lack of political motivation for the incident.

        Prison and Detention Center Conditions.--Prisons and facilities for
    holding pretrial detainees did not meet international standards and
    were generally dilapidated, overcrowded, and poorly maintained,
    although there were some improvements over previous years.
        In the report of its 2008 visit, released in March, the CPT was
    especially critical of conditions in pretrial detention centers. In
    particular, it noted an ``alarming'' level of overcrowding in the
    remand prison in Podgorica; at the time of the CPT visit, 512 prisoners
    were in a facility whose official capacity was 320. According to the
    report, in many cells prisoners had only mattresses or blankets on the
    floor on which to sleep. Prisoners ate their meals in their cells, but
    there were not enough places for all of them to sit. There was little
    opportunity for exercise.
        The press reported that inmates in Spuz and Bijelo Polje prisons
    went on hunger strikes several times during the year after claims of
    beatings, overcrowding, poor medical conditions, and bans on
    extraordinary visits. Prison administrators categorically denied those
    accusations.
        YIHR claimed that the ombudsman did not receive all letters sent by
    inmates, many requests for access to free information remained
    unanswered, food and water in prison were of poor quality, and prison
    management banned many furloughs normally granted to prisoners.
        In contrast with the previous year, there were no fatalities or
    attempts to commit suicide or self-inflicted injuries by prisoners or
    detainees. During the year there were five hunger strikes against
    lengthy criminal proceedings, severe punishment, and refusals to grant
    pardons. Disciplinary procedures were initiated against four prison
    staff.
        In October the total prison population was 1,438 persons, of whom
    780 were convicts and 658 were detainees. The maximum national prison
    capacity is 1,130 inmates. Approximately 1,000 convicted persons were
    waiting to serve their prison sentence. To reduce overcrowding, the
    Assembly approved an amnesty law on July 27.
        In contrast with previous years, there were no reports of juveniles
    held in the same cells with adult prisoners.
        Although the Spuz Prison hospital contains a department for
    treating alcoholics and drug addicts, it was overcrowded, and such
    prisoners, along with mentally ill prisoners, were often treated in the
    Kotor psychiatric hospital, which lacks facilities and personnel to
    house mentally ill patients together with dangerous convicts.
        There were a number of cases in which prison officials were accused
    of, charged with, or convicted of, mistreating inmates. The family of
    Zeljko Mrvaljevic called on authorities to punish the officials who,
    they alleged, ordered his beating in prison on January 16. Prison
    personnel were alleged to have beaten Mrvaljevic in the belief that he
    smuggled 11 mobile telephones into Spuz Prison. After the beating,
    officials transferred Mrvaljevic to Bijelo Polje Prison in order, his
    parents alleged, to distance themselves from his injuries.
        On February 12, the State Prosecutor's Office rejected as unfounded
    civil cases against Spuz Prison wardens filed by the families of
    inmates Dalibor Nikezic and Igor Milic, who claimed that in October
    2009 wardens severely beat them. Earlier, after analyzing security
    camera footage and documents related to the reported attacks, ombudsman
    Sucko Bakovic declared that there had been no reason for the use of
    force in the case, especially not to the extent shown in the video. The
    footage in question was posted online and shows uniformed staff hitting
    prisoners who were being held down on the floor by prison guards.
    Following the ombudsman's intervention, prison officials initiated
    disciplinary proceedings against three wardens. However, the chief
    state prosecutor, the Ministry of Justice, and prison management
    concluded that the inmates were ``resisting,'' and that the guards Igor
    Markovic and Radovan Todorovic did not overstep their authority. Some
    NGOs believed that the prosecutor's office should have investigated the
    case or provided an explanation for not doing so and more generally
    they criticized the prosecutor's office and prison authorities for
    their apparent unwillingness to confront prison torture. On November 2,
    the prison director informed the media that four wardens were demoted
    and the prison management removed in connection with this incident.
        There were no new developments in the case of two female prison
    guards accused of beating and injuring detainee Vladana Kljajic in 2008
    in the women's detention unit in Spuz Prison. Prison authorities
    claimed that Kljajic broke prison rules and was appropriately
    disciplined but not beaten. Prison authorities filed charges against
    Kljajic for assaulting an official, while Kljajic's mother filed
    charges against the prison wardens.
        On October 5, the Podgorica High Court imposed sentences of two and
    a half to six years on four persons for distributing heroin inside Spuz
    Prison to inmate Alen Harovic, who was found dead in his cell in
    October 2009.
        On March 17, the Basic Court in Danilovgrad determined that
    authorities overseeing Spuz Prison were responsible for the 2007 death
    of prisoner Dragan Kastratovic by electric shock and ordered the prison
    to pay financial compensation to his family.
        Prisoners had reasonable access to visitors and were permitted
    religious observance. Authorities permitted visitors and detainees to
    submit complaints to judicial authorities and ombudsman without
    censorship and to request that authorities investigate credible
    allegations of inhumane conditions. There was a special complaints box
    in Spuz Prison in which the inmates could file grievances directly with
    the ombudsman. However, several families of imprisoned or detained
    persons claimed that serious violations of those rights occurred.
    Authorities investigated credible allegations of inhumane conditions,
    but some investigations took place only after media campaigns or the
    ombudsman's recommendation. NGOs and human rights activists often
    criticized the results of those investigations. The Ministry of
    Justice, responsible for operating the national prisons, monitored
    prison and detention conditions.
        The Government permitted monitoring visits by independent human
    rights observers, and they occurred during the year, including visits
    undertaken on short notice. Human rights observers, including the
    International Committee of the Red Cross (ICRC) and domestic NGOs, were
    allowed to visit prisons and detention units and to speak with the
    prisoners without the presence of a guard. The ICRC and the Helsinki
    Committee of Montenegro made several visits during the year. Their
    visits took place in accordance with the ICRC's standard modalities.
    Representatives of the Office of the Human Rights Ombudsman routinely
    visited prisons without prior notice, meeting with detainees and
    inmates.
        The ombudsman may consider cases involving violations of human
    rights and freedoms committed by government authorities, whether by
    their actions or their inaction, and can undertake activities to remedy
    such violations. The ombudsman can also deal with general issues that
    are important for the protection and promotion of human rights and
    freedoms and can cooperate with appropriate organizations and
    institutions dealing with human rights and freedoms. However, the
    ombudsman may act upon complaints about ongoing judicial proceedings
    only in cases of delay, if an obvious abuse of procedural powers
    occurred, or if court decisions have not been executed. The ombudsman
    may, without prior notification, undertake an inspection of all spaces
    in prisons and other premises in which individuals deprived of their
    liberty are held. The ombudsman may provide an opinion on the
    protection and promotion of human rights and freedoms, upon the request
    of the authorities deciding on such rights.
        The law permits inmates to serve their sentences through voluntary
    service in a state institution or agency, but this alternative, which
    observers noted could reduce overcrowding, was used only in a few
    cases.
        Authorities continued to make improvements in the prison system.
    New spaces were built in prisons in Spuz (8,300 square feet) and Bijelo
    Polje (2,150 square feet). A new unit for prisoners serving shorter
    sentences was established in Spuz. Repairs were made on the electric
    and water supplies and sewage facilities in both prisons and existing
    facilities were renovated. The CPT's March report acknowledged a number
    of improvements made in the years before its 2008 visit.
        To improve the general qualifications of prison staff, on March 11,
    Spuz Prison and the Police Academy signed a memorandum of understanding
    on the training and education of prison staff. During the year
    approximately 82 percent of prison staff had at least a secondary
    education. The memorandum described the planning, organization, and
    administration of a two-year program for training guards and other
    employees working within the prison.
        In its 2008 report, which was released in March, the CPT pointed
    out many shortcomings in prison and detention centers. In their
    response, also released in March, the authorities, who had been aware
    of the CPT's concerns since its 2008 visit, described measures
    undertaken to correct some of the abuses it observed. The response
    described measures authorities had taken to improve the hygienic and
    technical conditions (potable water, daily light, ventilation, wooden
    beds, and separate bathrooms) in police detention centers. They
    reported they had acquired and installed video surveillance equipment
    in a number of police facilities. Authorities reported that that they
    had developed information forms in Montenegrin and other languages
    informing detainees of the reasons for their detention, their right not
    to make a statement, to have a defense attorney, and to inform someone
    close to them about their detention. Authorities reported to the CPT
    that they had introduced a hotline for complaints about police
    behavior; they had taken organizational measures to improve the timely
    provision of meals for detainees; and a police code of ethics was
    adopted. The Government response described other concrete measures they
    had taken to reduce the mistreatment of prisoners, improve detainees'
    contacts with the outside world, improve their medical treatment, and
    improve conditions in the Komanski Most Children and Youth Center and
    the Ljubovic Children's Correction Center. No independent reports were
    available to confirm or evaluate these improvements.
        Authorities completed a project to equip detention units in all
    police stations with video surveillance equipment in an effort to
    reduce police abuse. The main prison in Spuz opened a new extradition
    pavilion that, on November 1, had seven detainees, and a new pavilion
    to house 144 minors, women, foreigners, and inmates serving sentences
    of less than six months. The Government renovated existing facilities
    and installed a permanent water supply to the prison; however, adequate
    facilities for treating mentally ill prisoners or those with special
    needs were lacking.

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

        Role of the Police and Security Apparatus.--The national and border
    police were responsible for law and order. They worked under the
    supervision of the Ministry of Interior and Public Administration and
    were generally effective. In 2009 internal control responsibility was
    moved from the Police Directorate to the Ministry of Interior and
    Public Administration in an effort to improve control of the police
    force. The Agency for National Security, a separate entity within the
    Ministry of Interior and Public Administration, has responsibility for
    intelligence and counterintelligence. The Ministry of Defense is
    responsible for military and security matters. There is a military
    security department within the Ministry of Defense.
        The Assembly's Committee for Defense and Security held regular
    meetings with the directors of the national police and the Agency for
    National Security as well as the minister of defense. The Assembly is
    responsible for overseeing the democratic and civilian control of the
    army, police and security services in accordance with the Law on
    Parliamentary Oversight of the Security Services adopted on December
    22. Pursuant to the amendments to the Law on Secrecy of Information,
    Assembly members sitting on the Committee for Defense and Security had
    access to classified documents without prior approval or security
    clearances.
        A report by the European Commission indicated that there was ``some
    progress'' in policing and police reform over the 12 months that ended
    in August and that a ``track record'' was being established in this
    regard. The commission reported that disciplinary measures were imposed
    on 124 police officers in this period, while from February to July,
    criminal charges were brought against 27.

        Arrest Procedures and Treatment While in Detention.--Arrests
    require a judicial warrant or a ``strong suspicion that the suspect
    committed an offense.'' Police generally made arrests with warrants
    based on sufficient evidence. The law provides that police must inform
    arrested persons immediately of their rights, and authorities respected
    this right in practice. The police have a maximum of 24 hours to inform
    the family, common law partner, or a social institution of an arrest.
    Authorities may detain suspects for up to 48 hours before bringing them
    before a judge and charging them. At arraignment the judge makes an
    initial determination about the legality of the detention. In practice,
    arraignment generally occurred within the prescribed period. The law
    permits a detainee to have an attorney present during police and court
    proceedings. Detainees generally had prompt access to family members.
    There is a system of bail; however, it was not widely used because
    citizens could rarely raise money for bail. The law sets the initial
    length of pretrial detention at 30 days but provides for the
    possibility of an extension to five more months and allows a defendant
    to be detained for up to three years before a first-instance verdict is
    issued.
        Police continued to summon suspects and witnesses to police
    stations for ``informative talks,'' usually without holding them for
    extended periods. In principle those who have been summoned have the
    right not to respond.
        The law forbids use of force, threats, and coercion by police to
    obtain evidence; however, during the year there were a few allegations
    that police sometimes used those methods to obtain evidence. NGOs and
    human rights observers noted that the incidence of such practices had
    greatly declined in the previous two years.
        Long trial delays frequently led to lengthy pretrial detention. The
    law prohibits excessive delays by authorities in filing formal charges
    against suspects and in opening investigations; however, such delays
    occurred regularly. The law on the right to trial within a reasonable
    time was not implemented effectively; almost all complaints about
    delays were rejected on procedural grounds. Trials themselves were
    subject to frequent interruptions. Pretrial detainees, on average,
    accounted for 50 percent of the prison population. The average length
    of pretrial detention was approximately six months and 10 days.
        On August 26, those portions of a new Criminal Procedure Code
    relating to war crimes and organized crime and corruption entered into
    force. The Ministry of Justice had earlier stated that the judiciary
    was prepared to apply the entire code during the year; however,
    implementation of the remaining elements was postponed by one year.

        Amnesty.--On July 27, the Assembly adopted an amnesty law that
    allows for a 20 percent reduction of some prison sentences. The law
    applies to persons who were serving sentences as of the day the law
    came into force, to persons convicted by foreign courts but serving
    their sentences within the country, and to persons convicted of
    sentences up to three months who had not yet started to serve their
    sentences. The amnesty did not include persons convicted of human
    trafficking, war crimes, crimes against humanity, rape, and those
    pardoned in accordance with previous laws. According to the law,
    sentences of three months or less should be suspended.

        e. Denial of Fair Public Trial.--The constitution and law provide
    for an independent judiciary; however, some observers asserted that the
    judiciary was not always independent and that government officials at
    times influenced prosecutors for political and personal reasons. Some
    observers contended that the executive and legislative branches,
    through the process of proposing and adopting the budget for the
    courts, could influence the independence of the judiciary, as well as
    through the legal framework, which leaves space for political
    influence. Many observers asserted that the system of appointing
    judicial and prosecutorial officials contained inadequate protection
    against the exertion of political influence on the judiciary and that
    the absence of a merit-based career system, together with the system of
    random allocation of cases, undermined its quality. A large backlog of
    cases, frequently primitive courtroom facilities, lack of sufficient
    administrative support for judges and prosecutors, shortage of skills,
    cumbersome procedures, and judicial corruption also remained problems.
        Although many cases took years to resolve, courts continued to make
    progress in reducing the backlog of civil and criminal cases. They
    accomplished this by establishing deadlines for solving priority cases,
    using greater flexibility in reassigning judges from one court to other
    as needed, and equipping courtrooms with modern technology. However,
    many suggested that these measures may have had an adverse effect on
    quality. Priority was given to the cases involving corruption,
    organized crime, war crimes, drugs, illegal construction, money
    laundering, human trafficking, and family violence.
        The Judicial Council is responsible for the election, discipline,
    and removal of judges. Since the existing Judicial Council was
    established in 2008, several judges have been fired, suspended, or
    sanctioned for unprofessional behavior. Beginning in June 2009, the
    Judicial Council prohibited judges from sitting on various government
    commissions due to the incompatibility of such service with their
    primary judicial function.
        On December 28, President Filip Vujanovic nominated outgoing
    Minister of Justice Miras Radovicas to be a Constitutional Court judge.
    Parliament appointed Radovic judge a day later. Many questioned the
    Government's intention to depoliticize the judiciary, given Radovic's
    former involvement in the Government. Radovic, who served as a judge
    prior to his appointment as Justice Minister in the previous
    government, resigned as a member of the ruling Democratic Party of
    Socialists on December 29. He stressed that he would do his job without
    political influence. The Constitutional Court consists of seven judges
    appointed for nine-year terms. They in turn appoint one of their number
    as president of the court for a period of three years.
        The anticorruption watchdog Network for Affirmation of the NGO
    Sector (MANS) claimed that Chief State Prosecutor Ranka Carapic
    violated conflict of interest laws by serving as president of the
    Prosecutor's Council. MANS called on the Assembly to remove her from
    that position. MANS accused Carapic of receiving significant financial
    compensation from her council position.
        Generally accepted rules of international law are an integral part
    of the internal legal order and have supremacy over national
    legislation. The extradition agreements with neighboring Serbia and
    Croatia helped bring some suspects in the country and abroad to
    justice.
        Authorities claimed that courts completed 75 percent of their cases
    in 2009, processing 14,038 more cases than the previous year. They
    stressed that this was accomplished despite the financial difficulties
    faced by the court. Financial problems were also cited as the reason
    for postponing the full implementation of the newly adopted criminal
    procedure code. Authorities justified courts' lenient penal policies
    (one-third of judgments resulted in prison sentences, approximately 10-
    15 percent in fines, and more than 50 percent in probationary
    sentences) by pointing to the problem of overcrowded prisons and the
    large number of convicts, all but the most serious offenders, at
    liberty, waiting to serve their prison sentences.
        The implementation of civil and criminal court decisions frequently
    remained weak. A law on free legal aid is still pending. The salaries
    of judges and public prosecutors were improved.
        On April 22, Judge Ljiljana Simonovic of the Kolasin Basic Court
    accused Vesna Medenica, president of the Supreme Court, of removing her
    from office for political reasons. Medenica told the press that
    Simonovic was dismissed for poor performance unrelated to any political
    influence.
        On December 4, the Court of Appeals confirmed a June ruling of the
    Podgorica Superior Court that sentenced Vaselj Dedvukaj in absentia to
    six years and six months in prison. Dedvukaj was one of 17 persons
    convicted in 2008 of planning a rebellion in order to create by force
    an autonomous region for ethnic Albanians, contrary to the
    constitution.
        On July 5, Arif Spahic, a former judge of Bijelo Polje Superior
    Court, was sentenced to seven years in prison on charges of corruption.
    On December 30, the Court of Appeals confirmed the decision of the
    Superior Court. Spahic was found guilty of taking bribes to reduce the
    sentence and ensure the release of a man convicted of causing a death
    in a car accident. Dzemal Ljuca, an employee of the municipality of
    Bijelo Polje, was sentenced to two years in prison for brokering the
    deal.

        Trial Procedures.--Criminal trials are generally public, but
    sessions may be closed during the testimony of state-protected
    witnesses. Juries are not used. Professional judges preside over
    trials. Lay judges assist them in determining verdicts but the judges
    generally determine the sentences. Defendants have the right to be
    present at their trials and to consult with an attorney in a timely
    manner in pretrial and trial proceedings. Defendants have a right to an
    attorney; an attorney is generally provided at public expense when a
    defendant is destitute or following indictment on a charge carrying a
    possible sentence greater than 10 years in prison. Defendants and their
    attorneys have the right to access government held evidence relevant to
    their cases. Defendants enjoy a legal presumption of innocence. Courts
    may try defendants in absentia as long as they repeat the trials if the
    convicted individuals are later apprehended. Both the defense and the
    prosecution have the right of appeal. The Government at times
    influenced the judiciary--for example, in some trials for slander or
    corruption involving prominent persons or senior officials--and such
    influence contributed to continued public distrust of the judiciary.
    However, defendants' rights were generally respected and extended to
    all citizens.
        A two-year trial-monitoring project sponsored by the Organization
    for Security and Cooperation in Europe (OSCE), completed in June 2009,
    indicated that progress was made in prosecuting cases but noted
    problems with the duration of trials, their fairness, and the
    insufficient capacity of the judiciary. A report issued by the Council
    of Europe in September 2009 described the country's progress in
    reducing backlogs court cases as ``impressive.''

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

        Regional Human Rights Court Decisions.--Once national remedies are
    exhausted, citizens may appeal violations of their human rights to the
    European Court of Human Rights (ECHR). At year's end, 700 cases
    involving the country were pending before the ECHR. Most related to
    property restitution, property rights, length of pretrial detention,
    media freedom, treatment of citizens by police, the right to a timely
    trial, and slander. Since 2004, ECHR rejected 250 appeals as
    inadmissible and has issued three rulings against the Government for
    violations of the European Convention on Human Rights. Authorities
    immediately implemented the first ruling, handed down in April 2009.
    The other two, issued on September 21, became binding on December 21.

        Civil Judicial Procedures and Remedies.--The constitution and law
    provide for an independent judiciary in civil matters, and citizens had
    access to courts to bring lawsuits seeking damages for, or cessation
    of, human rights violations. Although parties have brought suits
    alleging human rights violations and at times prevailed, there was high
    public distrust in the independence of the judiciary. The sensitivity
    of law enforcement and the judiciary when it comes to human rights
    remained insufficient. Legal aid is provided by the Bar Association and
    NGOs.
        Citizens may appeal violations of their human rights to the
    Constitutional Court. However, this legal remedy as the supreme form of
    appeal before the domestic judiciary turned out to be practically
    unavailable to citizens.
        In July 2009 an attorney filed a claim for 1.1 million euros ($1.5
    million) in damages covering eight cases involving 46 plaintiffs and
    one claim on May 26, for 40,000 euros ($53,200) involving four
    plaintiffs related to the 1992 deportation of Muslims and Bosniaks to
    the Republika Srpska in Bosnia-Herzegovina, where they subsequently
    were killed or disappeared. These cases were in addition to earlier
    ones in which 196 plaintiffs were awarded 4.1 million euros ($5.5
    million). Two cases were completed in which the plaintiffs were awarded
    370,000 euros ($492,000), while other cases were pending at year's end.

        f. Arbitrary Interference With Privacy, Family, Home, or
    Correspondence.--The constitution and law prohibit such actions, and
    the Government generally respected these prohibitions in practice. The
    law requires the Agency for National Security (ANB) to obtain court
    authorization for wiretaps; however, some observers believed that
    authorities selectively used wiretapping and surveillance against
    opposition parties and other groups without court authorization. Many
    individuals and organizations operated on the assumption that they
    were, or could be, under surveillance.
        There was no response during the year by the Constitutional Court
    to a complaint filed in 2008 by MANS challenging the laws and the
    memorandum of understanding between police and the telephone company M-
    Tel giving police direct access to the databases of mobile telephone
    service providers, without judicial oversight, for the purpose of
    monitoring potential criminal activity. M-Tel is one of the country's
    three mobile phone service providers. MANS asserted that this violated
    citizens' right to privacy. Police responded that all communications
    monitoring had to be approved by the competent prosecutor's office.
        On July 26, 24 journalists, 10 representatives of opposition
    political parties (including four Assembly members), and seven
    employees of MANS filed requests with the ANB for access to any files
    being kept on them. On August 24, the ANB replied that they were not
    keeping any such files. During an October 6 session of the Assembly's
    Committee for Defense and Security, the ANB informed parliamentarians
    that it was not conducting surveillance of opposition politicians, NGO
    representatives, or journalists.
        During the first nine months of the year, four citizens requested
    permission to inspect secret files kept by security services between
    the years 1945 to 1989. Two requests related to the persons directly,
    while two requests related to third persons. The ANB responded that
    there was no information concerning any of those persons.
    Section 2. Respect for Civil Liberties, Including:

        a. Freedom of Speech and Press.--The constitution and law provide
    for freedom of speech and of the press; however, there were some
    restrictions of freedom of the press in practice.
        Individuals could criticize the Government publicly or privately
    without reprisal, and there were no reports that the authorities
    monitored political meetings or otherwise attempted to impede
    criticism.
        The print media included private newspapers and a state-owned
    newspaper with a national circulation. The independent media were
    active and generally expressed a wide variety of political and social
    views without government restriction. The Government did not restrict
    the distribution of foreign publications.
        Authorities made no further attempts to sell the Government's 51
    percent stake in the public company that publishes the daily newspaper
    Pobjeda, following the failure of efforts to do so in 2007 and 2008.
    The failure to privatize the state-owned newspaper as required by the
    2002 parliamentary legislation remains unfulfilled at year's end.
    Instead, the company received 12.77 million euros ($17 million) from
    the Government in the form of tax concessions and loan guarantees made
    in 2009. On July 7, the Ministry of Finance informed the media that the
    aim of these actions was to avoid Pobjeda's bankruptcy and help the
    paper survive. The Government's actions increased its share in the
    company to 86 percent.
        Opposition politicians criticized the Government's 2009 decision to
    appoint Predrag Sekulic, the political director of the ruling
    Democratic Party of Socialists, as president of the board of directors
    of Pobjeda and to appoint an advisor to former prime minister Milo
    Djukanovic as the paper's editor in chief. They asserted that the
    newspaper clearly favored the Government in its reporting. Some
    observers claimed that the newspaper was used to discredit the
    Government opponents, including opposition politicians, some private
    media owners, and NGOs. On December 29, Sekulic became a minister in
    the newly formed government and subsequently stepped down from the
    board.
        A wide variety of public and private broadcast media included a
    national public radio and a television broadcaster, 14 local public
    radio and four local public television stations, and 41 private radio
    and 19 private television stations. On January 27, the Agency for
    Electronic Communication and Postal Activity (AECPA) allocated a series
    of 20 terrestrial broadcasting frequencies to broadcasters that
    responded to a tender issued by the AECPA in November 2009. The private
    television network TV Vijesti, which had attempted for two years to get
    licenses to broadcast in Podgorica, was also granted frequencies. TV
    Vijesti, often seen as a strong critic of the Government and former
    Prime Minister Djukanovic, had previously accused the Government of
    blocking its access to a wider market for political reasons by delaying
    the tender process.
        The Council of Europe, the OSCE, and the European Commission, as
    well as domestic NGOs, criticized the Law on Electronic Communications
    which provided for the Government's major role in selecting members of
    the AECPA's governing council. In response to these criticisms and in
    order to align with international standards on the independence of
    media regulators, the Assembly on July 27 adopted the Law on Electronic
    Media which took the responsibility for issuing broadcasting licenses
    away from the AECPA and transferred it to the Agency for Electronic
    Media, which is legally an independent regulator.
        Government opponents--and even the ruling party's junior coalition
    partner, the Social Democratic Party--continued to criticize the
    functioning of the country's public radio and television broadcaster,
    Radio and Television of Montenegro (RTCG). They alleged that changes
    made in 2008 to the law governing the funding of the public
    broadcaster, which substituted government subsidies for user fees, made
    RTCG more dependent on the Government. They also criticized changes in
    the method of selecting members of the governing board of the public
    outlets, which increased the role of the Assembly at the expense of
    civil society. In 2009 the Assembly elected all nine members of the
    RTCG council. Some observers noted that a majority of the nine entities
    authorized to nominate candidates for the RTCG council are state-funded
    institutions or organizations and that the public broadcaster clearly
    favored the Government in its programming and reporting.
        There were no reports during the year of physical attacks on
    journalists, but threats against them and unsolved attacks on them from
    previous years, as well as police investigations and court procedures
    related to those attacks, remained in public focus. At year's end,
    despite much legal wrangling, pretrial proceedings were not completed
    in the well-known case of the alleged attack in August 2009 by
    Podgorica Mayor Miomir Mugosa and his son on deputy editor in chief
    Mihailo Jovovic and photo reporter Boris Pejovic of Podgorica-based
    daily Vijesti. The incident reportedly began while Pejovic was
    photographing the mayor's official car, which allegedly was parked
    illegally. On January 25, in a separate procedure, the Podgorica Court
    for Offences fined Mugosa 400 euros ($532) for insulting Jovovic and
    Pejovic in connection with the incident.
        There were no developments in the investigations of several earlier
    physical attacks on journalists, including a 2008 attack on Mladen
    Stojovic, a journalist of the Serbian daily Danas and former stringer
    for Podgorica-based daily Vijesti.
        On July 12, the Supreme Court confirmed the Court of Appeals' 2009
    sentence of Damir Mandic to 18 years in prison as an accessory in the
    2004 murder of Dan newspaper editor Dusko Jovanovic. Other
    participants, as well as those who actually planned the murder,
    remained at large at year's end.
        On June 25, police interrogated Monitor journalist Petar Komnenic
    and NGO activist Veselin Bajceta about a video that appeared on the
    Internet of alleged drug trafficker Safet Kalic's 2001 wedding. The
    video showed several ANB officials attending the wedding ceremony and
    in close contact with Kalic. Komnenic and Bajceta publicly questioned
    why authorities were investigating the placement of the footage on the
    Internet. They expressed concern that the investigators were not taking
    action against the intelligence officers observed in the video.
        Officials continued to bring or threaten libel and defamation suits
    against media organizations or journalists that accused them of
    wrongdoing directly or by implication. In many cases, media observers
    regarded the fines levied upon those convicted as disproportionate, and
    some NGOs warned that the prospect of criminal libel charges could
    deter journalists from reporting candidly on events. On April 22, the
    Assembly amended the Criminal Code by introducing the publishing of
    court judgments in libel cases as an alternative to imposing fines. The
    NGO Human Rights Action called on the authorities during the year to
    decriminalize libel completely or, alternatively, to reduce fines
    significantly in keeping with ECHR case law. Conviction of criminal
    libel could lead to fines of up to 14,000 euros ($18,620).
        On February 8, the Podgorica Superior Court fined the daily
    newspaper Dan 14,000 euros ($18,620) for libel following former Prime
    Minister Djukanovic's 2003 lawsuit. The prime minister sued the paper's
    deputy editor in chief, Danilo Vukovic, for publishing articles in 2003
    related to Djukanovic's alleged involvement in the well-known human
    trafficking case of a Moldovan woman.
        On July 9, the Podgorica Superior Court overruled the May acquittal
    in a libel case involving Monitor magazine journalist Sead Sadikovic.
    The Superior Court's ruling directs the journalist to pay ANB official
    Zoran Lazovic one euro ($1.33) for ``emotional distress'' caused by an
    article that Monitor published in April 2007. The article contained
    information about Lazovic's purported connections with alleged drug
    trafficker Safet Kalic. Sadikovic was quoted as saying that ``the
    Superior Court's decision is a clear message that journalists should
    not mention state officials, especially police officials.''
        On October 19, Podgorica's Superior Court upheld a lower court's
    imposition of a 3,000-euro ($4,000) fine on Petar Komnenic, a Monitor
    journalist, for libeling Ivica Stankoivic, who was then president of
    the Podgorica Superior Court, in a 2007 article implying that he had
    criminal connections. On November 5, the Podgorica Superior Court
    overruled the basic court's November 2009 imposition of a 2,000 euro
    ($2,660) fine against Komnenic, who was found guilty of libeling
    alleged drug trafficker Safet Kalic. The superior court ordered the
    lower court to retry Komnenic. The journalist was sued for an article
    published by the Monitor in 2008. Komnenic assessed his acquittal as a
    consequence of the country's process of integration with the EU and
    asserted that ``the Government, which was instructing the courts, or
    the courts, under government influence, became aware'' that libel
    verdicts with large fines would not be allowed anymore. On Novemer 15,
    in a separate civil lawsuit, the Podgorica Basic Court acquitted the
    Monitor of libel charges filed by Kalic for a series of articles
    published by the weekly in 2007 and 2008.
        The slander trial of author Ibrahim Cikic was delayed several times
    during the year, as police claimed they could not find Cikic at his
    home address in Bijelo Polje to serve a summons on him. Eleven persons
    sued him because of allegations he made in a book that, as former
    prison employees, they tortured him when he was serving a sentence
    following what he considered to be a politically motivated prosecution.
    Cikic and 20 leaders of the Party of Democratic Action of Montenegro
    went to prison in 1994, convicted of plotting an armed conflict in the
    northern Sandzak region.
        Lower courts acquitted journalists and NGO activists in several
    defamation suits during the year. The Podgorica Basic Court acquitted
    Vijesti journalist Jasmina Muminovic of the defamation charges filed
    against her by alleged drug trafficker Safet Kalic. The same court
    acquitted Vijesti journalist Samir Adrovic of defamation charges filed
    against him by the former head of police in the city of Ulcinj. Vijesti
    journalist Komnen Radevic was also acquitted of libel by the Podgorica
    Basic Court.
        On November 8, Podgorica's Basic Court acquitted Vanja Calovic,
    executive director of anticorruption watchdog MANS, of defamation
    charges brought by MNSS BV, the company that owned the Niksic
    Steelworks. On February 15, Dejan Milovac, a MANS activist, was
    acquitted in a defamation suit against him brought by Cetinje Mayor
    Milo Jankovic.
        On April 30, the Podgorica Basic Court announced that the then
    president of the Podgorica Superior Court, Ivica Stankovic, withdrew a
    defamation lawsuit against the Vijesti editor in chief. Stankovic had
    sued over an article alleging that, in a closed session of the
    Assembly's Security Committee, the director of police named Stankovic
    as one of the judges who had obstructed several police investigations.
        On May 18, the Superior Court overruled a September 2009 Podgorica
    Basic Court decision to fine Vijesti, along with Nebojsa Medojevic,
    leader of opposition political party Movement for Change, 33,000 euros
    ($43,890) for tarnishing the reputation of the firm MNSS BV, owner of
    the Niksic Steelworks. The case involved a 2008 opinion piece, written
    by then presidential candidate Medojevic, which warned of the potential
    for money laundering following MNSS BV's purchase of the steelworks.
        On August 11, Milutin Sekulovic, a correspondent for Serbian daily
    Vecernje Novosti, informed police that he was threatened over the phone
    by Milan Golubovic, a municipal official in Berane. An article written
    by Sekulovic that same day about Golubovic's decision to order the
    removal of a billboard protesting a waste disposal decision was
    believed to be the reason Golubovic threatened him. The prosecutor's
    office concluded that there were no elements of a criminal act in
    Golubovic's behavior. On September 10, Jovan Loncar, a citizen of
    Berane whose billboards were removed by local authorities, sued the
    municipality and the companies managing the billboards for violating
    his freedom of expression. The lawsuit was pending before Berane's
    basic court at year's end.
        On September 24, five individuals employed by Vijesti and known to
    be strong critics of the Government--diirector Zeljko Ivanovic, editor
    in chief Ljubisa Mitrovic, cultural affairs editor Balsa Brkovic,
    director of TV Vijesti Slavoljub Scekic, and Vijesti columnist Milan
    Popovic--received anonymous letters containing the threatening message,
    ``it is over, you are next.'' Popovic had been previously interrogated
    by supreme state prosecutor Ranka Carapic about a January 2009 opinion
    piece he published in Vijesti, in which he cited corruption, conflicts
    of interest, and organized crime as major national problems and wrote
    that there were indications of the prime minister being involved in
    such activities. Popovic claimed that Carapic asked him for evidence to
    support the allegations. A group of intellectuals protested against the
    prosecutor's action, calling it a violation of Popovic's right to
    freedom of speech. On October 5, the group again publicly protested
    disciplinary action initiated against Popovic the previous day by the
    University of Montenegro law faculty dean Ranko Mujovic for having
    criticized him (Mujovic) and high-ranking state officials at a
    September 30 faculty meeting.
        On October 14, on the eve of a municipal election in Ulcinj, the
    owner of local television station Teuta, Dino Ramovic, informed police
    that he received telephone threats from Ulcinj Mayor Gzim Hajdinaga,
    who led the Democratic Union of Albanians and the Party of Democratic
    Prosperity coalition in the election. Unsatisfied with the timing and
    order of presentation of his coalition's preelection activities by
    Teuta, Hajdinaga warned Ramovic that 200 of his supporters would come
    to the station to force him fulfill his demands. Upon Ramovic's
    denouncement, the police provided an overnight patrol to safeguard the
    television station.
        Despite these developments, observers noted an increase in the
    willingness of the media to criticize the Government, although a
    profound division between progovernment and opposition media remained.
    The prominence of articles and television programs critical of the
    authorities during the year suggested that self-censorship was not a
    major problem; however, observers noted that some journalists were
    susceptible to political and business influence due to their lack of
    expertise and their political affiliations.

        Internet Freedom.--There were no government restrictions on access
    to the Internet or reports that the Government monitored e-mail or
    Internet Web sites or chat rooms. Individuals and groups could engage
    in the peaceful expression of views via the Internet, including by e-
    mail and social media websites. According to the Agency for
    Telecommunication and Postal Activity, the total number of broadband
    connections was 63,155 in October, which corresponds to an Internet
    household penetration of 34.4 percent. According to data published by
    the International Telecommunication Union, there were 294,000 Internet
    users in the country in 2008; government data showed 44 percent of the
    population used the Internet in December 2009, up from 36 percent in
    October 2008.
        There were no reports that the Government collected or disclosed
    personally identifiable information of a person based on that person's
    peaceful expression of political, religious, or ideological opinion or
    belief. However, MANS criticized police authorities for finalizing an
    agreement in 2007 with a local telecommunication service provider M-Tel
    under which the provider agreed to give authorities direct access to
    the company's data. In 2008 MANS, citing the Free Access to Information
    Law, requested information from the police about the content of the
    agreement. On May 28, after an administrative court overruled the
    initial police denial of the request, the Ministry of Interior complied
    by ordering the Police Administration to reveal the details of the
    agreement, and on October 11, the ministry gave a copy of it to MANS.
    The agreement gave police round-the-clock access to all forms of
    communication provided by M-Tel. On September 13, the Constitutional
    Court rejected MANS' 2008 complaint that the agreement concluded
    between the police and the operator violates the plaintiffs' right to
    privacy. However, the Constitutional Court did not act during the year
    upon MANS' 2008 request for a decision on the constitutionality of
    provisions of the Criminal Code and the Government action plan for the
    fight against corruption and organized crime concerning police
    authorities having access to telecommunication providers' data.

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

        b. Freedom of Peaceful Assembly and Association.--The constitution
    and law provide for freedom of assembly and association, and the
    Government generally respected these rights in practice. A wide range
    of social, cultural, and political organizations functioned without
    interference. Citing the organizers' noncompliance with a legal
    requirement to announce public gatherings in advance, police in May
    2009 banned a series of assemblies of workers of the Aluminum Plant of
    Podgorica who wanted to demonstrate against the company's management
    for failing to pay salaries. The workers complained to the Ministry of
    Interior and Public Administration, asserting that this requirement
    violated the constitution, but there were no indications that the
    Government responded.

        c. Freedom of Religion.--For a description of religious freedom,
    see the 2010 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.
        For the most part, the Government cooperated with the Office of the
    UN High Commissioner for Refugees (UNHCR) and other humanitarian
    organizations in providing protection and assistance to displaced
    persons, refugees, returning refugees, asylum seekers, stateless
    persons, and other persons of concern.
        The law prohibits forced or arbitrary exile, and the Government did
    not employ it.

        Internally Displaced Persons (IDPs).--The Government maintains an
    official estimate of 10,948 persons who fled Kosovo during the 1999
    conflict there, and whom it recognizes as IDPs (both the present
    territories of Montenegro and Kosovo having been part of the State
    Union of Serbia and Montenegro). However, for an additional 5,415
    persons, mostly ethnic Serbs who fled in 1991-95 from Bosnia and
    Herzegovina and from Croatia during the conflict that attended the
    breakup of Yugoslavia, it created the category of ``displaced persons''
    (DPs). The UNHCR, on the other hand, regards all of these persons to
    have been `` refugees'' at the time of their arrival.
        The treatment of DPs and IDPs was not equal. The law recognizes DPs
    as lawful residents, a designation that could lead to citizenship
    through residence or through marriage with a citizen. However, the law
    omits IDPs, whose numbers included mainly Roma, Ashkali, Balkan
    Egyptians, Muslims, Bosniaks, ethnic Serbs, Albanians, and
    Montenegrins, from the description of persons meeting the required
    criteria for lawful residence.
        Many of the displaced, both DPs and IDPs, continued to live in
    deplorable conditions in unofficial collective centers and other
    accommodations. However, authorities permitted them access to domestic
    and international humanitarian organizations and permitted them to
    accept assistance provided by these groups.
        The Government did not attack or target displaced persons or
    forcibly return or resettle them under dangerous conditions.
        Restricted access to employment has pushed many DPs and IDPs to
    provide for themselves and their families through gray-market
    activities. Romani, Ashkali, and Egyptian IDPs from Kosovo were
    particularly affected and continued to form the most marginalized and
    vulnerable segment of the displaced/refugee population. A law governing
    the employment of aliens, which entered into force in January 2009,
    removed the right of IDPs or DPs to work. After UNHCR's intervention
    with the prime minister, the possibility of engagement at seasonal work
    was opened, but only until the end of 2009. In July the Government
    passed the Decree on the Manner of Exercising Rights by DPs and IDPs,
    which enabled these persons to register with the Employment Bureau and
    have the same health care as Montenegrin nationals. However, the
    prerequisite for registration is having a unique citizen identification
    number (JMBG), which requires birth and citizenship documentation,
    which many, particularly Roma, Ashkali, and Egyptian IDPs, do not have.
        Between April and July 2009, the Government completed a program of
    registration of DPs from Bosnia and Croatia and reported that 5,769 of
    the initial 7,820 had successfully reregistered. Between September 2009
    and February 2010, the Government completed the registration of IDPs
    from Kosovo, and their numbers decreased from 16,197 to 10,979. The
    registration, closely monitored by the UNHCR, was intended to help
    authorities decide on the future status of these persons. Those who did
    not reregister or were not entitled to reregister would not be eligible
    for the status of ``foreigner with permanent residence,'' and their
    present status would be terminated.
        However, those persons not able or willing to apply for the status
    of foreigner with permanent residence, as well as those unable to
    access Montenegrin citizenship, would have the possibility to apply for
    asylum if they are still in need of international protection. The
    deadline for submitting applications for foreigner with permanent
    residence status is scheduled to expire on November 7, 2011. Those who
    miss the deadline will be considered as illegal residents.
        In September 2009 the Government adopted an action plan for
    resolving the status of displaced persons from the former Yugoslav
    republics and IDPs from Kosovo and in October 2009 amended the Law on
    Aliens in order to meet the benchmarks for visa liberalization set by
    the EU. The new provisions give such persons the opportunity to seek
    the status of foreigners with permanent residence while exempting them
    from the minimum income standard and other usual requirements for that
    status. A foreigner with permanent residence has the same rights as a
    citizen, save the right to vote. In UNHCR's view, however, this
    mechanism involved many difficult hurdles. Persons would be required to
    provide valid travel documents from their countries of origin and
    should have no criminal records. The requirement to present valid
    travel documents was of particular concern to the Romani, Ashkali, and
    Egyptian communities, many of whom had no birth records, either because
    their births were never registered or because their records were
    destroyed during conflict. However, related legislation permits DPs/
    IDPs unable to present valid travel documents to obtain the status of
    ``temporary'' foreign resident, with all the rights accorded to
    foreigners with permanent residence, and gives those three years to
    obtain valid travel documents and have their status made permanent.
        The UNHCR observed that limited progress was made in the
    implementation of the action plan since its introduction, despite the
    Government's stated commitment to it. The number of applications for
    the new status by DPs and IDPs remained low, and by the end of the year
    only 529 DPs and 351 IDPs applied for the status of foreigner with
    permanent residence. In addition, only 40 DPs and one IDP applied for
    the status of foreigner with temporary residence. As of year's end, 373
    persons (238 DPs and 135 IDPs) were granted the status of foreigner
    with permanent residence, while no decisions were made on the
    applications for temporary residence.
        During the year the Government continued to encourage IDPs to
    return to their places of origin. Some continued to assert that the
    Government did not provide adequate support to make it possible for
    them to do so. However, after many years in the country, the number
    participating in voluntary repatriation has declined. At the time of
    the 2009 reregistration, 9,953 IDPs (or 90.1 percent) expressed their
    desire to remain in the country, while 244 (or 2.2 percent) declared
    themselves as willing to return to Kosovo. Some 1,600 IDPs, mostly
    Roma, Ashkali, and Egyptians, have returned to Kosovo since 2001; 177
    returned during the year. Among DPs, only 35 refugees returned to
    Bosnia and Herzegovina and to Croatia in 2006, nine returned in 2007,
    five in 2008, 10 in 2009, and 12 during the year.
        While a considerable number of DPs have returned to their places of
    origin since 1996, the repatriation of those who remained slowed to a
    trickle. Only 10 persons returned to Bosnia and Herzegovina or to
    Croatia in 2009 and just another 12 during the year. By contrast, more
    than 600 Bosnian and Croatian refugees acquired Montenegrin citizenship
    between May 2008 and June 2010, in many cases through marriage with
    Montenegrin citizens.
        During October and November, the UNHCR conducted an outreach and
    media campaign for DPs and IDPs to inform them about the possibility of
    acquiring permanent residence as a foreigner and the November 7
    deadline for applications.
        The July 22 reduction of applicable administrative taxes removed an
    important obstacle and facilitated DP and IDP access to the new status.
    The UNHCR observed that progress in implementing the action plan was
    limited, despite the Government's commitment to expeditious completion
    of numerous measures, such as harmonizing the revisions in the law with
    the Law on Aliens.
        On November 9, the European Commission recommended that the
    European Council grant Montenegro EU candidate country status but
    condition the opening of accession negotiations upon, inter alia, the
    Government guaranteeing the legal status of displaced persons, and
    adopting and implementing a sustainable strategy for closure of the
    Konik camp.

        Protection of Refugees.--The country's laws provide for the
    granting of asylum or refugee status, and the Government has
    established a system for providing protection to refugees. A path to
    citizenship was effectively accessible to recognized refugees.
        In practice, the Government provided protection against the
    expulsion or return of refugees to countries where their lives or
    freedom would be threatened on account of their race, religion,
    nationality, membership in a particular social group, or political
    opinion. At the beginning of 2008, the Government assumed
    responsibility for refugee status determination, and the UNHCR, which
    previously exercised this responsibility, continued to provide
    technical support.
        Conditions for refugees varied; those with relatives or property in
    the country were able to find housing and, in some cases, to rejoin
    family members. However, between 2,000 and 3,000 refugees holding DP
    status remained in barely habitable facilities (mainly on the Adriatic
    Coast) that had been privatized. On November 11, the Kotor Basic Court
    ruled that 30 IDPs from Kosovo must move from a holiday resort in
    Kamenovo owned by the company Recreatours.
        Although the 2007 law that governs asylum affords a number of
    protections, the failure of the Government to harmonize other
    legislation with this law deprived asylum seekers of the right to
    identity documents, employment, and health care. On May 27, authorities
    adopted the Regulation on Access to Health Care for Asylum Seekers,
    Refugees, and Persons Granted Subsidiary and Temporary Protection to
    address some of these problems. However, these persons still faced
    obstacles to obtaining health care, since the regulation was not fully
    implemented during the year.
        During the year authorities processed asylum applications involving
    nine persons; none were granted asylum. Although the country remained
    primarily a point of transit for asylum seekers, authorities
    anticipating that the number of asylum seekers would increase as the
    country moved closer toward EU accession, continued construction of a
    reception center designed to house approximately 65 asylum seekers.

        Stateless Persons.--Citizenship is derived from one's parents.
    According to the UNHCR, there were no legally stateless persons in the
    country; however, there were individuals who were de facto stateless.
    The biggest problem related to statelessness was the lack of personal
    documentation for many inhabitants, primarily in the Romani, Ashkali,
    and Egyptian communities, both those of local origin and those who
    entered the country from Kosovo. Government data published in May 2009
    reported a total of 9,934 Roma, Ashkali, and Egyptians, of whom 4,400
    were refugees from Kosovo. The 2009 registration of Kosovo IDPs
    indicated that this population numbered approximately 3,100 persons.
    The UNHCR estimated that approximately 1,300 local Roma and 1,600
    Kosovo-born Romani, Ashkali, and Egyptian refugees were at risk of
    statelessness due to lack of personal documentation, as they were
    either never registered at birth or lacked proof of registration. As of
    year's end, the Government had not developed a procedure for
    systematically identifying, documenting, and registering stateless
    persons or persons at risk of statelessness, although UNHCR experience
    indicated that lack of documentation was the most significant factor
    leading to statelessness or the loss of effective citizenship.
        While the country is party to several conventions dealing with
    statelessness, the Government holds that it is not bound to grant
    citizenship to persons who became stateless as a result of the
    dissolution of the State Union of Serbia and Montenegro, since Serbia,
    as the ``succeeding state,'' was obligated to award citizenship to
    these persons.
        The UNHCR continued a regional project, in cooperation with partner
    NGOs, to register Romani, Ashkali, and Egyptian community members and
    assist them to obtain personal identity documents. During the year the
    UNHCR and the Legal Center provided legal advice to approximately 5,600
    displaced persons from Bosnia, Croatia, and Kosovo and to some 200
    local Roma, Ashkali, and Egyptians at risk of statelessness, providing
    help in obtaining personal documents for submission to various
    administrative and judicial entities in an effort to obtain access to
    basic rights. In addition, the Legal Center assisted nine asylum
    seekers in the refugee status determination procedure.
        A further 1,300 persons were at risk of statelessness because they
    faced difficulties proving citizenship. These were mostly Roma,
    Ashkali, and Egyptians who originated from Montenegro or Kosovo and
    were either never registered at birth or lacked acceptable proof of
    registration.
    Section 3. Respect for Political Rights: The Right of Citizens to
            Change Their Government
        The constitution and law provide citizens the right to change their
    government peacefully, and citizens exercised this right in practice
    through periodic, free, and fair elections held on the basis of
    universal suffrage.

        Elections and Political Participation.--According to the OSCE
    election observation mission, the March 2009 parliamentary elections
    met almost all OSCE and Council of Europe commitments. The mission's
    statement noted frequent allegations of electoral fraud and a blurring
    of state and party structures that created a negative atmosphere among
    many voters. As in previous elections, most opposition parties raised
    concerns regarding campaign and party financing, and the overlap of
    state and political party structures. Allegations of pressure on voters
    and the purchase of voter identification documents were again reported
    by some opposition parties, the media, and certain individuals.
        On May 23, local elections were held in 14 of the country's 21
    municipalities. The elections were not monitored by either
    international or domestic observers. While individuals and parties
    could freely nominate their candidates and run for local elections, the
    press reported several instances of politically motivated incidents.
        On December 29, the parliament failed for the fifth time to reach
    the two-thirds majority required to pass an election law designed to
    bring electoral procedures in line with the 2007 constitution.
        Political parties generally operated without restrictions or
    outside interference.
        Parliamentary control of the executive branch of government
    remained weak.
        There were 10 women in the 81-seat Assembly and one in the cabinet.
    There was one female mayor in the country's 21 municipalities. Four of
    the 11 parties in the Assembly had female members in their caucuses.
    There were no women in six out of nine standing parliamentary
    committees. The president of the Supreme Court and the chief state
    prosecutor were women.
        There were 19 members of ethnic minorities in the Assembly and
    three members of ethnic minorities in the cabinet. The law reserves
    five Assembly seats for ethnic Albanians. No Roma ran for or held a
    seat in the Assembly.
    Section 4. Official Corruption and Government Transparency
        The law provides criminal penalties for official corruption;
    however, the Government did not implement the law effectively, and
    officials at times engaged in corrupt practices with impunity. The
    perception of the public sector as corrupt, particularly in the
    executive and judicial branches, was widespread. Observers noted that
    corruption was most evident in the areas of spatial planning, the
    judiciary, customs, police, local government, health care, and
    education.
        While many of the legal prerequisites for effective anticorruption
    policies were in place, implementation lagged. The World Bank's
    worldwide governance indicators reflected that corruption was a serious
    problem. In the first six months of 2009, police forwarded 887
    corruption cases involving 1,420 persons to prosecutors. In the same
    period, courts convicted 206 defendants in 151 cases. Local NGOs,
    media, and opposition political parties frequently accused the
    Government of not taking sufficient measures against corruption and
    organized crime. The results of investigations, prosecutions, and
    convictions for corruption at all levels remained weak. Citizens rarely
    reported corruption. Internal controls carried out within institutions
    or by responsible agencies seldom resulted in efficient prosecution of
    the perpetrators. State functionaries often had several functions and
    were permitted to be presidents or members of managing boards in more
    than one public company or state institution.
        On December 24, the mayor of the city of Budva, Rajko Kuljaca, and
    nine of his associates, were arrested on charges of abuse of office.
    Among those arrested was deputy mayor Dragan Marovic, brother of
    outgoing Deputy Prime Minister Svetozar Marovic. According to a police
    press release, Kuljaca and Marovic were suspected of having secured
    ``substantial unlawful gain'' for the Zavala Invest Company through
    abuse of their official positions. On December 26, Radomir Ivanovic,
    investigative judge of the Podgorica Superior Court, ordered a 30-day
    detention of the suspects, who were believed to have committed crimes
    carrying penalties of up to ten years' imprisonment.
        Police corruption and inappropriate government influence on police
    behavior remained problems; the small, close-knit nature of Montenegrin
    society discouraged the reporting of corruption and made criminals'
    access to law enforcement officers easy. In February the Government
    formed an interagency joint investigative team designed to work
    exclusively on fighting organized crime and corruption and enhancing
    the ability of law enforcement agencies to work together.
        Acting on a June 2 request by the deputy special prosecutor for
    organized crime and corruption, police arrested 22 persons, including
    three police officers and 11 customs officers and one agricultural
    sanitary inspector from the towns of Rozaje and Berane. Police
    suspected that these individuals received and gave bribes, abused their
    offices, and smuggled goods across the border with Serbia. They were
    charged in Superior Court on August 23.
        According to the Council of Europe's commissioner for human rights,
    who visited the country in 2008, there were few criminal proceedings
    against law enforcement officers for extortion of evidence,
    mistreatment, torture, or abuse of office, and the few that occurred
    were not efficiently conducted. Courts rendered verdicts only in a
    small number of reported cases but sentences were limited to
    admonitions, suspended sentences, and fines. During the first eight
    months of the year, authorities dismissed one officer and fined eight
    for abuse of office and exceeding authority. During the year the
    Interior and Public Administration Ministry's Internal Affairs Unit
    took disciplinary measures to address those problems. These internal
    investigations, combined with the work of the Council for the Civilian
    Control of Police Operations, the ombudsman, and human rights
    activists, reduced impunity. However, NGOs noted that police officers
    found responsible for violating rules of service, as well as senior
    officers implicated in cases of torture, remained on duty. The OSCE and
    local diplomatic missions provided training for police, security, and
    border and customs officers on combating terrorism, corruption, and
    financial crimes.
        Public officials were subject to financial disclosure under a 2008
    conflict of interest law that requires state officials, including
    members of the legislature, to disclose their salaries and property.
    During the first eight months of the year, the Commission for
    Preventing Conflicts of Interest, charged with carrying out that law,
    initiated legal proceedings against 248 state officials and proposed
    the dismissal of 15, for failing to comply with disclosure
    requirements. The commission initiated legal proceedings against 313
    state officials who failed to comply in 2008 and 52 who failed to
    comply in 2009. During the year 92 persons were fined and 156 others
    warned. While the law provides for fines ranging from 825 to 1,100
    euros ($1,097 to $1,463), the highest fine imposed by a court was 500
    euros ($665). The commission did not perform an adequate supervisory
    role, as it does not have the authority to check disclosures by public
    officials and has weak sanctioning powers. Many observers noted that
    the law had significant loopholes and was weakly implemented in
    practice.
        Protection for whistleblowers who reported corruption was
    inadequate. However, in July the Administrative Court revoked the
    September 2009 dismissal of Mirjana Draskovic, a veterinary inspector
    with 28 years of experience. She was fired by the Veterinarian
    Directorate after she made public statements about irregularities in
    the work of the Veterinarian Directorate and Ministry of Agriculture.
    The State Prosecutor's Office took no action on Draskovic's reports
    about the irregularities.
        On July 29, the Government adopted its 2010-14 Strategy for the
    Fight against Corruption and Organized Crime, together with an action
    plan for its implementation over the following two years. The strategy
    laid down the main guidelines, principles, and goals for the fight
    against corruption and organized crime. NGOs claimed that the plan was
    developed without their involvement by unknown individuals or groups
    and adopted without any public consultation, even though a team
    composed of representatives of public institutions and NGOs had been
    working on a similar document for four months and had presented it at a
    public debate to all interested stakeholders.
        A law on financing political parties was enacted in 2008, but
    according to the NGO Center for Democratic Transition, did not
    significantly improve the transparency and accountability of political
    party finances.
        There were allegations that authorities failed to act on reports of
    suspected corruption at high political levels. Many citizens continued
    to believe that state officials misappropriated public funds and
    pocketed significant revenue from the privatization of formerly state-
    owned companies. In spite of the existing institutional framework to
    curb corruption, the overall number of investigations, prosecutions and
    convictions remained low.
        While open bidding was the most commonly used procedure for public
    procurement, many auditing reports identified inconsistent or irregular
    application of legal provisions or circumvention of the law in
    practice. The Commission for the Control of Public Procurement
    Procedures received 290 complaints during the first 10 months of the
    year alleging violations of procurement procedures. The commission
    found 98 complaints to be valid and rejected 192.
        The constitution and law provide for public access to government
    information; however, implementation of the law was weak and
    inconsistent, in particular in relation to some parts of privatization
    agreements. Some ministries were supportive of information requests,
    while others at times publicly criticized them. The level of access did
    not differ for noncitizens or the foreign or domestic press.
        On April 12, in response to a ruling by the Administrative Court,
    the Government reversed its earlier position and published its answers
    to a questionnaire required of countries seeking admission to the EU.
    The questionnaire contained responses to detailed questions about
    reforms being made on the country's road to EU integration. The
    Government previously refused to provide the information, on the
    grounds that publishing it would jeopardize national political and
    economic interests. Two NGOs took the matter to the Administrative
    Court.
        On November 25, the Ministry of Justice revoked the decision of the
    chief state prosecutor to deny the Youth Initiative for Human Right's
    request for information about actions taken by the chief state
    prosecutor in 12 cases of allegations of official misbehavior: the
    torture of prisoners in Spuz Prison in 2005; threats against Aleksandar
    Zekovic in 2007; the beating of Vladana Kljajic in Spuz Prison in 2007;
    the torture of members of the Party of Democratic Action in 1994;
    illegal surveillance of several judges of the Superior Court in
    Podgorica; the beating of journalist Tufik Softic and former boxer
    Aleksandar Pejanovic; the beating of detainees in the ``Eagle's
    Flight'' police operation; statements of veterinarian inspector Mirjana
    Draskovic about corruption at high levels regarding the issuance of
    licenses for food imports; the existence of a ``football mafia'' in the
    country; and the killing of Dusko Jovanovic and Srdjan Vojicic. The
    Ministry of Justice stated that the chief state prosecutor failed to
    give clear reasons for denying the request for information and ordered
    the chief state prosecutor to review the matter and issue a new
    decision.
        The NGO Youth Initiative for Human Rights noted in its report for
    the second quarter that political party allegiance was the key to
    employment in public service and that the ethnic composition of the
    public sector workforce did not correspond to that of the general
    population.
        NGOs reported that their requests for government-held information
    frequently went unanswered. Public awareness of a right to access
    government information remained at low level, and citizens themselves
    seldom turned to state institutions for information. Anticorruption NGO
    MANS reported that the competent authorities provided timely responses
    to approximately 38 percent of its requests for information. MANS noted
    that agencies usually refused to give information that could reveal
    corruption or lawbreaking, particularly involving the privatization
    process. MANS reported that citizens preferred to submit requests
    through NGOs rather than do so themselves. Authorities usually provided
    reasons for denials (such as threats to state interests or to the
    business interests of the contracting parties), and these could be
    appealed to the higher-level state bodies or courts. While the courts
    usually supported access to information, their orders to the ministries
    to comply with specific requests were often ambiguous and,
    consequently, sometimes ignored. The administrative court ruled
    favorably on 77 percent of the 4,879 complaints filed by MANS since
    2005.
    Section 5. 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 the views of international
    groups, but some of the many domestic NGOs regarded cooperation as only
    nominal.
        In March the Government published the report of the Council of
    Europe's CPT on its 2008 visit to the country. However, a translation
    into Montenegrin was only published after the NGO Human Rights Action
    filed a lawsuit with the administrative court to require it to do so.
        Almost 4,500 domestic registered NGOs operated in the country,
    including those specializing in human and minority rights and women's
    rights. According to NGOs, authorities provided nominal, rather than
    substantive, cooperation. The OSCE- and EU-led international community
    efforts to engage the Government on human rights issues.
        Several NGOs and international organizations investigated human
    rights cases. According to its 2009 report, the UN Human Rights Council
    Working Group on Enforced or Involuntary Disappearance and Missing
    Persons forwarded 15 cases involving disappearances that took place in
    1992 and 1993 to the Government for its response; the Government
    provided an explanation in one case; 14 cases remained outstanding. The
    working group decided to discontinue consideration of those 14 cases.
        The Government cooperated with international human rights and
    humanitarian NGOs and on February 17-21 hosted a visit by the European
    Commission for Human Rights. Amnesty International visited the country
    in November 2009.
        There is an ombudsman for human rights, who operated without
    government or party interference but received inadequate resources.
    Public awareness of the ombudsman's role remained insufficient. The
    Office of the Ombudsman had a staff of 23 persons; its annual budget
    was 431,400 euros ($573,762). Upon finding a violation of human rights
    or freedoms by any state agency or institution, the ombudsman could
    initiate disciplinary procedures, including dismissal, against the
    violator. In addition to 77 unresolved cases from earlier years, the
    office received 525 new complaints in 2009, or 10 percent more than in
    2008. The largest number of complaints involved the work of the courts
    (168), followed by public administration (152), public services (48),
    local governments (37), and the prosecutor's offices (nine); 69
    complaints related to the work of companies and other organizations.
    During the year the ombudsman's office met with 845 citizens and
    communicated with 1,850 citizens by telephone. The majority of
    complaints concerned lengthy trials and the lack of implementation of
    court decisions. The Government and the courts generally implemented
    the ombudsman's recommendations.
        Failure to comply with the ombudsman's request for access to
    official data, documents, or premises, or with the ombudsman's request
    to testify at a hearing, is punishable by fines of 10 to 20 times the
    minimum monthly wage, or between 550 and 1,100 euros ($731 and $1,463).
        The Assembly's Standing Committee for Human Rights and Freedoms met
    several times during the year, but its contribution was perceived by
    many observers as insignificant.
        Authorities cooperated with the International Criminal Tribunal for
    the Former Yugoslavia and the International Criminal Court, of which
    the country is a member.
    Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
        The constitution and laws prohibit discrimination based on race,
    gender, disability, language, or social status; however, the Government
    did not effectively enforce these prohibitions in practice. On July 27,
    the Assembly adopted an antidiscrimination statute containing
    comprehensive prohibitions of discrimination on the basis of race,
    religion, sexual orientation, gender identity, and other grounds.
    However, the Office of the Ombudsman, which is responsible for the
    law's implementation, lacked the human, technical, and financial
    resources for its enforcement.

        Women.--Rape, including spousal rape, is illegal; however,
    enforcement remained a serious problem. Instances of rape were
    significantly underreported due to the cultural stigma that attaches to
    victims and even their families. Deeply ingrained societal attitudes
    hampered prosecutions; judges frequently allowed aspersions on a
    victim's character to be entered into court proceedings. As a result
    victims were reluctant to report rape. Punishment for rape, including
    spousal rape, is one to10 years in prison; however, authorities can
    only prosecute the crime if the victim brings charges. There were no
    arrests or convictions for spousal rape during the year. According to
    police and judiciary statistics during 2009, there were 13 cases of
    rape reported and 16 persons were sentenced to prison.
        Domestic and other violence against women was a persistent and
    common problem. NGO sources working with abused women make strong
    claims that significant number of incidents remain unreported due to
    fear of reprisals from their attackers or lack of measures to prevent
    reoccurrence. According to government authorities, the number of
    reported incidents of domestic violence tripled between 2006 and 2009.
    The press reported that during 2009, police investigated 519 cases of
    possible domestic violence, 9 percent fewer than 2008; 85 persons were
    sentenced. According to NGO estimates, one out of four women has been a
    victim of some form of domestic violence. The NGO SOS, which operated a
    hotline for victims of domestic violence, reported that during the
    first four months of the year, it worked with 137 persons, far more
    than in past years. SOS noted an increase in the number of children and
    elderly among the victims and an increase in the use of physical
    violence. SOS also reported that health institutions charged the
    victims of family violence for medical aid, claiming that the injuries
    occurred as the result of ``fights.''
        On July 27, the Assembly approved the Law on Protection against
    Family Violence. The law was not fully implemented by year's end, as
    regulations and an action plan for its implementation had not been put
    in place. Since adoption of the law, police filed charges against 92
    perpetrators.
        Domestic violence is a crime punishable by fine or prison sentence,
    depending on the seriousness of the offense. Perpetrators are mainly
    fined; the rare prison sentences imposed were lenient. Due to lengthy
    trials, economic dependence or lack of other places to go, victims and
    perpetrators often lived together in the same place, which frequently
    resulted in new, more aggressive assaults that discouraged victims were
    usually hesitant to report. Local NGOs working to combat domestic
    violence relied to a large extent on international donor assistance.
    During the year official agencies, including the police and, to some
    extent, the judiciary improved their response to domestic violence;
    however, efforts remained inadequate. According to NGOs, many female
    victims of domestic violence complained about the inadequate response
    of social welfare centers to their appeals for help.
        On May 27, the Judicial Council terminated the assignment of
    Podgorica Superior Court judge Milorad Marotic at his own request due
    to personal reasons. He had been indicted for domestic violence in 2008
    and temporarily suspended by the Judicial Council, but the
    Administrative Court revoked the suspension in September 2009.
        NGOs operated two shelters for victims of domestic violence.
    Women's advocacy groups worked to combat domestic violence through
    awareness campaigns and sought to improve women's access to legal
    services and workshops.
        Sexual harassment is prohibited by law; however, it remained a
    problem and society generally tolerated it. Victims were hesitant to
    report harassment, although police were usually effective in
    intervening when asked to do so. According to surveys conducted by the
    Damar polling agency in March, 20 percent of employed persons stated
    that they were victims of workplace harassment.
        The Government recognized the basic right of couples and
    individuals to decide freely and responsibly the number, spacing, and
    timing of their children and to have the information and means to do so
    free from discrimination, coercion, and violence. Health clinics and
    local health NGOs operated freely in disseminating information on
    family planning under the guidance of the Ministry of Health. There was
    free access to contraceptives and to skilled attendance during
    childbirth, including essential obstetric and postpartum care. The
    Government guaranteed free childbirth services. According to statistics
    developed by intergovernmental organizations, the estimated maternal
    mortality rate in 2008 was 15 maternal deaths per 100,000 live births.
        Men and women received equal access to diagnosis and treatment for
    sexually transmitted infections, including HIV. Women were equally
    diagnosed and treated for sexually transmitted infections, including
    HIV.
        Women have the same rights as men in property law, family law, and
    the judicial system; however, in practice women did not enjoy equal
    social status with men. NGOs pointed out that it was difficult for
    women to defend their property rights in divorce suits. One emerging
    trend involved husbands in divorce proceedings titling their property
    in the name of other family members or friends rather than their wives.
    Traditional patriarchal ideas of gender, which maintain that women
    should be subservient to male members of their families, persisted and
    resulted in continued discrimination against women in the home. For
    example, 84 percent of illiterate persons were women. In rural areas,
    women could not always exercise their right to control property, and
    husbands occasionally directed their wives' voting.
        Women constituted 6.3 percent of central government employees, 11.4
    percent of employees of local governments, and 12.3 percent of members
    of the national parliament.
        There were no official statistics about women in managerial
    positions. Some job announcements openly advertised discriminatory
    criteria, such as age and physical appearance, for female applicants.
    Few women held senior management positions in government, military, or
    commerce. There were, however, some signs of improvement; an increasing
    number of women served as judges, and there were many women in
    professional fields such as law, science, and medicine. Women from
    Romani communities did not have equal opportunities for education due
    to traditional values and restrictions on their participation in
    society. Due to low education and harsh living conditions, Romani women
    seldom visited gynecologists, with negative consequences for their
    health and for infant mortality rates.
        Women constituted 50.7 percent of the population and 46.3 percent
    of the unemployed population. Media reports indicate that 44.9 percent
    of the holders of bachelors, masters, and doctoral degrees were women.
        Although the law incorporates the general principle of
    nondiscrimination against women, it does not explicitly address the
    principle of equal pay for equal work; in practice, women's wages were
    lower than those of men for comparable work. According to an August
    report of the Statistical Office of Montenegro (Monstat), working women
    have lower salaries than their male colleagues. According to Monstat,
    women in 2009 earned, on average, 13 percent less than men. The average
    monthly salary with taxes and contributions for women amounted to 581
    euros ($773) at the end of September 2009, while men received an
    average of 674 euros ($896). Of 15 industries surveyed, women had
    higher salaries in only transport and warehousing.
        There remained a deeply rooted division between male and female
    professions. In April 2009 the Government transformed its Office for
    Gender Equality into a department within the Ministry for Protection of
    Human and Minority Rights.
        Gender equality is provided for in the constitution. It is
    regulated by the Law on Gender Equality (2007) and promoted by an
    action plan (2008). Although implementation of the action plan is
    monitored by parliament, the Government, and the ombudsman, it has not
    been properly implemented. In addition, the Law on Gender Equality
    includes only limited sanctions and does not clearly address the
    principle of equal pay. The protection of women against their economic
    dependency remains insufficient.

        Children.--Citizenship is derived from one's parents by birth in
    the country's territory, by marriage to a Montenegrin citizen, or as
    specified by international treaties governing the acquisition of
    citizenship. Roma, Ashkali, and Egyptians continued to experience
    difficulties registering the births of their children, mostly due to
    the lack of awareness of the importance of civil registration and a
    lack of documentation of parents' identities. Romani children are not
    well integrated into the broader community, and discrimination against
    them remained widespread.
        There is a law on child and social protection. However,
    implementation of the national plan for children has been inadequate,
    as the Council for Children's Rights, which is the main body for
    coordinating implementation of the national plan, is not operational.
        By law, education was compulsory and free; however, according to
    Romani community leaders, nearly one-half of Romani children never
    enrolled in primary school. According to the national statistics in
    May, only 47 percent of the 2,587 Romani children between the ages of
    six and 15 attended primary school. Romani children continued to face
    difficulties in continuing their education, including lack of knowledge
    of the local language, poverty, and tradition. Many Romani parents did
    not want their children, particularly girls, to go to school, but
    preferred them to stay at home and marry at an early age.
        Of the comparatively small number of Roma who completed primary
    school, a much smaller proportion continued to secondary and higher
    education compared with non-Romani children. Human rights observers
    reported that the Government did not undertake adequate efforts to
    monitor or encourage Roma to continue to attend school. In the Konik
    refugee camp in Podgorica, there was a remote campus of the Bozidar
    Vukovic primary school, which was attended exclusively by 247 Romani,
    Ashkali, and Egyptian students. Romani NGO leaders described this as
    discrimination and during the year asked that this type of school
    division be abolished. There was some progress; the proportion of
    Romani, Ashkali, and Egyptian children enrolled in the first year of
    secondary school increased from 50 percent in the 2008-09 school years
    to 55 percent in 2009-10. Sixty Romani students continued to secondary
    education and 12 attended university in 2010-11.
        Some ethnic Albanians continued to criticize the Government for not
    providing textbooks on history, music, and visual arts oriented to
    Albanian primary school children. The first privately funded Muslim
    religious secondary school opened in Malesija, near Podgorica, in 2007;
    as of year's end, however, authorities had not given it full
    accreditation. There was one fully accredited Albanian-language private
    school.
        While tuition for primary education was free, students, except for
    families who benefited from social welfare programs had to provide
    their own books and school supplies. NGO programs and grants helped
    provide books and other school resources for Romani students. The
    Government provided books for children without parents, the disabled,
    special social cases, and Romani children.
        In an effort to reduce dropouts among Romani children, the UNHCR,
    the EU, and the Foundation for Providing Scholarships to Roma, a local
    NGO continued a pilot project for 15 students in the sixth and seventh
    grades of the school in the Konik refugee camp.
        A deputy ombudsman investigated complaints of violations of
    children's rights. His office received 32 complaints during the first
    nine months of the year, mainly involving contact with parents after
    divorce, protection from violence, the rights of children with
    disabilities, children's right to education, and access to social
    benefits.
        The NGO Center for Children's Rights, in cooperation with 19 other
    NGOs, reported an increase of juvenile delinquency, drug use, begging,
    and violence against minors. Romani children still remained a
    vulnerable group, while many issues relating to refugee children were
    not resolved.
        Child abuse was an underreported problem that the Government took
    little action to address. The country lacked proper facilities for
    children who suffered from family violence. The law does not allow a
    juvenile to make an allegation of a crime without a parent or guardian
    present. Consequently, there was almost no reporting of incest or other
    child abuse to authorities. In 2007 police reported four cases of child
    sexual abuse. During the first nine months of the year, social welfare
    centers received complaints about the mistreatment of 72 children from
    27 families. Seventeen children were accommodated in the shelter for
    victims of family violence run by the NGO Safe Woman's House.
        Child marriage was a problem, particularly in Romani communities,
    where boys and girls generally married around age 14. It was difficult
    to estimate the extent of underage marriage in the Romani community
    because the Roma frequently did not register such marriages. Romani
    children were disadvantaged by poverty, leading many to start work both
    at home and in the streets at an early age, typically around age seven,
    in order to contribute to the family income. Romani children were also
    disadvantaged by having to attend school in a nonnative language, since
    many spoke Romani at home. The Government generally ignored the
    problem.
        The age of consent is 18. There is a statutory rape law. The
    penalties for rape are higher if the victim was a minor. Child
    pornography s illegal, with penalties ranging from six months in prison
    for displays of child pornography, to a maximum of five years'
    imprisonment for using a child in the production of pornography.
        Street children, most of them Roma, were organized into groups to
    beg at busy intersections, on street corners, and in restaurants and
    cafes. During the first nine months of the year, police charged 13
    persons with organizing the begging and removed 10 children from the
    streets; the children were temporarily accommodated in the Center for
    Children and Youth, and then sent back to their places of origin in
    Serbia, Bosnia and Herzegovina, and Montenegro.
        Children with disabilities faced numerous obstacles in education
    and other social services. Some children with mental disabilities were
    confined in institutions under substandard conditions. In its March 9
    report on its 2008 visit to the country, the CPT described the
    treatment of 15 children in the Komanski Most Institution for Persons
    with Special Needs, where mentally disabled children were held together
    with adults in unsanitary circumstances and without sufficient
    supervision to prevent their mistreatment by adults.
        The Government adopted an action plan to carry out the CPT's
    recommendations and sought to improve the living conditions and
    treatment of patients in the Komanski Most Institution for Persons with
    Special Needs. The facilities were reconstructed and properly equipped.
    The children were separated from adults, and males were separated from
    females. The size of the staff has increased. Individual daily activity
    plans, in line with the inmates' physical and mental characteristics,
    were revised. The isolation room is no longer used, while leather
    restraints were used strictly according to need, and a log of their use
    was maintained. However, conditions remained inadequate, especially the
    shortage of trained staff and continued substandard facilities.
        The country is a party to the 1980 Hague Convention on the Civil
    Aspects of International Child Abduction. For information on
    international child abduction, please see the Department of State's
    annual report on compliance at http://travel.state.gov/abduction/
    resources/congressreport/congressreport--4308.html.

        Anti-Semitism.--The country's Jewish population was small and
    widely distributed across the country. A 2004 survey by the Government
    statistics office concluded that there was no organized Jewish
    community; an international Jewish NGO reached a similar conclusion.
    There were no reports of anti-Semitic acts.

        Trafficking in Persons.--For information on trafficking in persons,
    please see the State Department's annual Trafficking in Persons Report
    at www.state.gov/g/tip.

        Persons With Disabilities.--The constitution and law prohibit
    discrimination against persons with physical, sensory, intellectual,
    and mental disabilities in employment, education, access to health
    care, pensions, allowances, family care and support, buildings,
    information and communication. The constitution also provides persons
    with mental disabilities with the right to be placed in an adequate
    residential institution and the right to foster care and support or
    other state services; however, societal discrimination against persons
    with disabilities effectively limited their access to these benefits,
    and authorities did not actively prosecute infractions. While laws
    mandating that new public buildings have access for persons with
    disabilities were generally enforced, lack of access to older public
    buildings, hospitals, and public transportation was a problem. A 2008
    Law on Spatial Planning and Construction regulates the accessibility of
    public facilities and mandates that all public facilities must be made
    accessible to persons with disabilities by 2013. Facilities at polling
    stations were inadequate for persons with disabilities, although
    authorities provided mobile voting for voters who could not come to
    polling stations because of illness or disability.
        Education for children with disabilities, including the
    implementation of the strategy for inclusive education, was
    insufficient.
        Society often stigmatized persons with disabilities, and such
    persons depended greatly on government disability allowances, which
    were not adequate.
        The Ministries of Health, Labor and Social Welfare, Education and
    Sports, Science, Culture, and Human and Minority rights were
    responsible for protecting the rights of persons with disabilities.
        Unemployment remained a serious problem for persons with
    disabilities. While the law provides incentives and tax breaks to
    employers who hired them, employers rarely chose to hire persons with
    disabilities. Only 2 percent of the approximately 63,000 persons with
    disabilities in the country had employment during the year. In August
    the Employment Agency reported that 2,297 persons with disabilities
    were registered. To enhance the employment prospects of persons with
    disabilities, the Ministry of Labor and Social Welfare, the Employment
    Agency, trade unions, local governments, and associations of persons
    with disabilities signed a memorandum of understanding to monitor and
    evaluate the employment process and create a data base.
        Mid-2009 estimates of the number of children with special needs
    ranged between 6,000 and 7,000. NGOs stated that the ambitious
    government action plan for implementing its strategy for integration of
    persons with disabilities for 2008-16 was significantly behind
    schedule. A study conducted in 2008 by the UN Development Program
    (UNDP) and the Strategic Studies and Prognosis Institute cited
    estimates of the number of persons with disabilities in the education
    system that varied from 2 to 10 percent. Although they were entitled to
    receive healthcare from the state, the numerous obstacles they faced,
    including the physical inaccessibility of most health institutions,
    unequal access to various medical treatment, and the limited
    availability of prosthetics, blocked full access.
        Mental health care was inadequate in terms of service and capacity.
    Facilities for treating persons with mental disorders were out of date
    and underfunded. Institutional isolation perpetuated stigmatization and
    discrimination against the mentally ill. Institutionalized persons
    often became wards of the state and often lived in isolation.
        On March 9, the CPT released a report on its 2008 visit to the
    country that characterized as ``appalling'' conditions for disabled
    persons deprived of their liberty in the Kaminski Most Institution for
    Persons with Special Needs. In describing Ward B of the institution,
    the CPT took note of ``totally bare and malodorous rooms'' and
    residents (some of whom were physically handicapped or blind, as well
    as mentally disabled)'' were seen to lie alone, occasionally with their
    heads covered with a blanket, some naked, with flies crawling on them.
    In a locked ``baby room,'' the delegation saw five bedridden residents,
    aged between three and 19, lying in cots. There was also a locked
    dayroom where approximately 25 residents (men, women and children
    together) were left wandering alone. In an unstaffed and locked part of
    the ward, where residents appeared to be left alone, the delegation
    found a dayroom in which seven residents were physically attached to
    furniture. The CPT report emphasized the importance of safeguards when
    committing persons to institutions, particularly when these decisions
    are made by committees of officials.
        The Law on Social and Child Protection provides for the right of
    accommodation and education of persons with physical, mental, and
    sensual deficiencies in an institution for persons with special needs.
    The law provides that the initial decision on whether a particular
    individual needs this type of accommodation is made by the social
    welfare center commission, while the Ministry of Education is
    responsible for deciding on the applicant's special educational needs.
    The decisions of these bodies can be appealed to the Ministry of Labor
    and Social Welfare Center and then to the Administrative Court. Family
    Law regulates the area of guardianship.
        On September 17, the Podgorica Basic Court fined the Podgorica
    municipal government 500 euros ($665) for failing to implement its July
    2009 decision, that city employee Marijana Mugosa was entitled to come
    to her office with a guide dog. The Podgorica government appealed, and
    the superior court, on October 22, delayed the execution of the basic
    court's decision. While the ombudsman criticized the Podgorica mayor
    for failing to implement the court decision, the mayor blamed the
    ombudsman for overstepping his authority by meddling in the court
    decision. The city of Podgorica accepted Mugosa's return to work but
    assigned her to an isolated location, explaining that the presence of
    her guide dog in the office harmed the health of her two colleagues.
    The basic court initiated an investigation of the adequacy of the new
    office location.
        On September 22, Andrija Samardzic and his guide dog were expelled
    from the Carine restaurant in Podgorica where he was having dinner.
    Following a meeting with the Association of Handicapped Youth, the
    owner of the restaurant apologized and said that persons with
    disabilities who use guide dogs would be welcome in his restaurants;
    however, on November 5, Andrija Samardzic was expelled from the
    restaurant. The NGO Antidiscrimination Center Equista filed charges
    with the Podgorica basic court against the owner of the restaurant.
        Local residents in the Gorica district near Danilovgrad protested
    against the construction of a day care center for children with special
    needs and signed a petition against it. The NGO YIHR criticized the
    petition and called on the competent authorities to ignore the protests
    and proceed with the construction.

        National/Racial/Ethnic Minorities.--The constitution provides both
    individual and collective rights for minorities, and for most groups
    these rights were generally observed in practice; however, Roma were
    disadvantaged in access to social services and experienced societal
    discrimination.
        Unlike in some previous years, there were no reports of physical
    attacks against persons during the year for what appeared to be ethnic
    reasons.
        The leaders of ethnic Serbian, Albanian, and Bosniaks communities,
    as well as Muslim leaders, continued to complain of their
    underrepresentation in government, the judiciary, and state-owned
    economic enterprises. According to a study conducted by YIHR between
    December 2009 and May, there was a huge imbalance in the employment of
    some ethnic groups in public service, with Roma being at the bottom.
        Three members of the national cabinet were members of national
    minorities. Although members of the national parliament included almost
    all minority groups except Roma, the right to authentic political
    representation of minorities as provided for in the constitution was
    not implemented.
        A survey by the NGO Human Rights Initiative indicated that, despite
    the existence of a satisfactory legal framework, the availability of
    information in minority languages and the protection of minority
    cultures and tradition needed improvement. Human rights activists
    raised the issue of insufficient usage of the Romani language in
    government notices and publications.
        On July 24, the Assembly amended the Law on General Education to
    provide that classes throughout the country would be taught in the
    Montenegrin language, resulting in protests by parents who threatened
    to withdraw their children from schools. Many Serb political
    representatives stated that ethnic Serbs living in the country were
    being treated in a discriminatory manner. Opposition parties filed the
    case with the Constitutional Court. Authorities delayed the
    implementation of the law until the next academic year to create
    conditions in the National Educational Council for General Education
    for the Montenegrin language to be introduced as a subject, namely more
    teachers, better text books, and a more thorough curriculum. On
    December 24, the National Council for General Education adopted a
    curriculum for the study of Montenegrin language and literature for
    primary and secondary education.
        According to a joint survey conducted in 2008 by the National
    Statistics Office, the Roma National Council, and the local NGO Roma
    Circle, there were approximately 11,000 Roma in the country, of whom
    4,500 were IDPs or DPs and 6,500 were long-term residents. Many Roma,
    including IDPs from Kosovo, lived illegally in squatter settlements,
    often far apart from each other and lacking such basic services as
    public utilities, medical care, and sewage facilities.
        Prejudice against Roma, who comprised 0.42 percent of the
    population, was widespread, and local authorities often ignored or
    tacitly condoned their intimidation or mistreatment. Negative
    stereotypes strongly impacted the Romani, Ashkali, and Egyptian
    populations. They did not have political representatives and generally
    stayed out of politics. They often lacked identity documents and
    therefore did not have access to basic social services. Some
    settlements were located on property whose owners wanted to reassume
    control or on the premises of companies due to be privatized, and their
    residents were at risk of eviction; however, no evictions were reported
    during the year. The Romani, Ashkali, and Egyptian population faced
    many challenges related to social inclusion, including access to
    secondary medical protection (such as surgeons and specialist doctors)
    afforded to other residents.
        A well-known human rights researcher, Aleksandar Zekovic, alleged
    that the relevant social and health institutions failed to prevent and
    report the death of two Romani children in Niksic in 2008 and 2009.
        According to 2009 UN data, approximately 40 percent of the Romani,
    Ashkali, and Egyptian population in the country lacked birth or
    citizenship certificates. The Law on Citizenship and its accompanying
    regulations posed numerous obstacles for Romani, Ashkali, and Egyptian
    residents in obtaining citizenship, as many lacked personal identity
    documents (see section 2.d.).
        According to the UNDP, approximately 70 percent of Roma were
    illiterate, 50 percent were unemployed, and 36 percent lived below the
    poverty level.
        On November 22, the ombudsman asked the police directorate about
    the alleged mistreatment of two Romani men, Vahid Adzovic and Mentor
    Idrizaj, by police after they were caught stealing car batteries. The
    two men claimed that they were beaten and otherwise mistreated by the
    residents of the village Botun near Podgorica who caught them and
    turned them over to police.
        Six officers of the border police from Rozaje who were dismissed
    accused the head of the Border Police Branch in Berane, Veselin
    Krgovic, and the Police Directorate of discrimination against Bosniaks,
    Muslims, and Albanians on national grounds, claiming that to be the
    reason for their dismissal. Authorities rejected those allegations and
    attributed the dismissals to downsizing of the police force.
        On November 27, the Podgorica Superior Court sentenced Milos Kovac,
    from Serbia, to four months in prison for spreading national
    intolerance and hatred. According to the indictment, Kovac and Sonja
    Stojanovic, also from Serbia, insulted, swore at, and physically
    attacked a tourist guide during their visit to the museum of King
    Nikola in Cetinje in 2007. Stojanovic was acquitted.
        During the year authorities appropriated approximately 400,000
    euros ($532,000) to improve conditions for Roma under the Strategy for
    Improvement of the Roma Position in Montenegro 2008-12. Priorities
    included the integration of the Romani, Ashkali, and Egyptian
    population into society. NGOs alleged, however, that the appropriated
    funds were not spent. Despite the appointment in 2009 of a new national
    coordinator, the establishment of a commission for monitoring the
    implementation of the strategy (including representatives of Roma and
    NGOs), and the establishment of a center for the preservation and
    protection of minorities' culture, government efforts did not result in
    significant improvements during the year. Minister for Human and
    Minority Rights Ferhat Dinosa publicly stated that the abbreviated name
    RAE, for Roma, Ashkali, and Egyptians, should be avoided, and he
    invited the public to use the correct names for each Romani ethnic
    group.
        During the year the Government continued to fund the operating
    costs of national councils, those elected bodies established in 2007
    and 2008 to represent the interests of minority groups. It provided an
    additional 850,000 euros ($1.13 million) to the councils during the
    year for the implementation of 126 projects, apportioned according to
    the size of each group. There were national councils for Serbs,
    Bosniaks, Albanians, Muslims, Croats, and Roma. Some members of the
    councils and human rights activists voiced suspicions that their funds
    had been misappropriated. The Fund for Minorities decided to allocate
    funds just a few days before parliament adopted amendments to the Law
    on Minority rights, on December 9, that established new criteria for
    appropriation of funds. A group of Romani activists voiced their
    dissatisfaction with the excessive amount of government assistance
    provided to Vaselj Beganaj, president of the NGO coalition Roma Circle.
    NGOs asserted that his projects were given preferential treatment and
    that some funds were used for personal expenditures.

        Societal Abuses, Discrimination, and Acts of Violence Based on
    Sexual Orientation and Gender Identity.--The constitution calls for
    respect for human rights on all grounds and prohibits the instigation
    of hatred or intolerance on any grounds. Nevertheless, antipathy and
    stigmatization toward lesbian, gay, bisexual, and transgender (LGBT)
    persons existed.
        A number of NGOs and human rights activists continued to sharply
    criticize and unsuccessfully demand the removal from office of the
    minority and Human Rights Minister Ferhat Dinosa for ``his incompetent,
    intolerant and homophobic statements.''
        The Ombudsman's Office stated that since adoption of an
    antidiscrimination law in July, their office received two complaints
    against discrimination on sexual orientation.
        NGOs Juventas and Safe Woman's House, along with individual members
    of the LGBT population, filed a complaint with ombudsman's office
    claiming a program aired on Atlas TV called ``Glamour Noir'' contained
    hate speech. The Slobodan Skerovic secondary school in Podgorica
    sanctioned a psychology teacher who was a guest on the program because
    of her statements about LGBT persons on that program. Following the
    ombudsman's recommendation, the Broadcasting Agency urged Atlas TV and
    other electronic media outlets ``to avoid promoting or instigating
    intolerance or hate speech.''
        There were infrequent reports of violence and discrimination
    directed against gay men; there were no reports that the Government
    condoned such actions. In July two cases of violence against gay men
    were reported to the NGO Juventas. Neither case was reported to the
    police, as the victims reportedly feared disclosure of their sexual
    orientation during the investigation and possible court trial. There
    were no reports that persons were denied equal opportunities in
    education and employment on the basis of sexual orientation. Societal
    antipathy towards gays and lesbians led most of them to conceal their
    orientation. No person publicly declared their gay or lesbian affinity
    during the year. Juventas reported two cases in which media carried
    insulting remarks against LGBT persons.
        During the year the NGO Juventas and the Coalition for LGBT
    conducted an awareness campaign through the EU-funded project,
    ``Montenegro Bright Spot on the Gay Map,'' a hopeful response to the
    Dutch NGO that had once labeled the country ``the dark spot on the gay
    map.''
        In July, as part of efforts to provide protection to sexual
    minorities in the country, six Montenegrin police officers took part in
    training programs in Los Angeles and Toronto on the protection of LGBT
    rights.

        Other Societal Violence or Discrimination.--There were no reports
    of violence against persons with AIDS; however, the NGO Juventas stated
    that persons with HIV/AIDS were stigmatized and experienced
    discrimination. Observers believed that fear of discrimination
    prevented many persons from seeking HIV testing, and the rate of
    testing was only 33 persons per 1,000 inhabitants. The NGO Cazas runs
    the only center for psychological support and assistance to persons
    infected by HIV and AIDS.
        Although knowledge about transmission of HIV was generally
    widespread, changes in behavior lagged behind. Since persons are not
    accustomed to HIV testing, HIV infection is often discovered only in
    the later stages, often when the person being tested has already
    developed AIDS. Most of this population lives at subsistence level.
    Section 7. Worker Rights

        a. The Right of Association.--The law entitles workers, except for
    uniformed military and police personnel, to form and join independent
    unions of their choice without previous authorization or excessive
    requirements, and authorities effectively enforced these laws.
    Approximately 60 percent of the workforce in the formal economy was
    unionized. The most prominent trade union organizations were the
    Confederation of Trade Unions of Montenegro and the Union of Free Trade
    Unions of Montenegro.
        In May the legislature adopted a new law on trade union
    representativeness to ease restrictions on trade union pluralism.
        The law allows unions to conduct their activities without
    government interference, and the Government protected this right in
    practice. The law provides for the right to strike, with the exception
    of military and police personnel and public servants. During the year
    workers in the private sector exercised this right by conducting
    frequent legal strikes. Worker participation in an unlawful strike is
    sufficient grounds for dismissal or for the union to be held
    responsible for damages.
        Unpaid wages and factory closures led to large-scale strikes. In
    September strikers took possession of the management buildings in the
    Podgorica Aluminum Plant (KAP) and the steel works and bauxite mine in
    Niksic. Workers held a hunger strike in the bauxite mine pit. On
    September 30, police interrogated 17 members of the trade union of the
    steel works in Niksic. The trade union stated that it considered the
    police action a pressure tactic.

        b. The Right to Organize and Bargain Collectively.--The law
    provides for the right to bargain collectively; however, collective
    bargaining remained at a rudimentary level and was hampered by the fact
    that only the most representative unions, i.e. unions with the largest
    membership in a given plant, can be the parties to the collective
    agreements. Under a 2004 law, collective bargaining agreements cover
    the registered workforce. On November 3, representatives of the
    Government's Social Council, the Union of Employers, and the
    Confederation of Trade Unions of Montenegro signed amendments to the
    general collective agreement to align the agreement with the labor law.
    The Union of Free Trade Unions of Montenegro, which did not sign the
    amendments, described them as detrimental to workers and filed a case
    with the Constitutional Court.
        The law prohibits antiunion discrimination and employer
    interference in union activities, but there were some reports that it
    occurred during the year. Trade union activists reported that there
    were cases of dismissal, demotion, and suspension for suspected union
    activity.
        On April 28, the Trade Union of the Podgorica Aluminum Plant stated
    that company management exerted various kinds of pressures on workers
    to prevent their participation in an announced strike. The Union of
    Free Trade Unions and several NGOs urged the minister of labor and
    social welfare to stop antiunion discrimination at the company and
    criticized the Labor Inspectorate for inaction.
        Workers dismissed for union activity had the right to
    reinstatement. However, because of delays in the court system, it could
    take a worker who claimed to have been unjustly fired several years to
    regain employment through legal action. There is a law providing for
    out-of-court settlement of labor disputes, and the Agency for Amicable
    Labor Dispute Resolution, which became operational in August, exists to
    implement the law. Between August and November, the agency reviewed 46
    cases involving 465 parties.
        On March 12, following a 24-day strike at the bauxite mine in
    Niksic, company management agreed to reinstate eight miners who had
    been dismissed. Management also agreed that miners with more than 20
    years of service could retire with pensions based on length of service.
        On April 30, the Government brokered a deal between KAP management
    and its trade union, reversing the dismissal of trade union leader
    Sandra Obradovic and a few other workers. After management had
    previously refused to withdraw the dismissals and meet the union's
    requests, the strike escalated and workers occupied the management
    building, forcing the management to leave the premises. The trade union
    called on the authorities to intervene.
        The Confederation of Trade Unions of Montenegro reported instances
    of employers bullying trade union members. When the trade union at the
    Mikro firm in Bijelo Polje organized a strike to protest unpaid
    salaries and allowances--in full compliance with national procedures--
    the employer threatened to sue the union for 100,000 euros ($133,000)
    in damages. A similar situation led to a strike by the local branch of
    the construction workers' union at the Prvoborac Kamen i Beton firm in
    Herceg Novi. Following the strike, management issued the local trade
    union leader an official warning.
        There are no export processing zones.

        c. Prohibition of Forced or Compulsory Labor.--The law prohibits
    all forms of forced or compulsory labor; however, there were reports
    that individuals were trafficked from abroad and within the country for
    labor, particularly in construction. There was also forced begging,
    mostly by Romani children (see section 7.d.). See also the State
    Department's annual Trafficking in Persons Report at www.state.gov/g/
    tip.

        d. Prohibition of Child Labor and Minimum Age for Employment.--
    There are laws and policies to protect children from exploitation in
    the workplace, including those prohibiting forced or compulsory labor
    and those establishing acceptable working conditions. The Government
    generally enforced these laws and regulations effectively in the formal
    economy. The official minimum age for employment is 15 years; however,
    in farming communities it was common to find younger children assisting
    their families. Romani children also worked in a variety of unofficial
    retail jobs, typically washing car windows, collecting items such as
    scrap metal, or selling old newspapers.
        Many Romani children also engaged in begging. In Podgorica and the
    coastal areas, police continued an initiative aimed at suppressing
    begging. They arrested and charged several adults with organizing and
    forcing their relatives, mostly young Romani children, to beg. Most of
    these children were temporarily accommodated in the Center for Children
    and Youth. Police asserted that the practice constituted isolated
    family begging rather than organized begging. Police pressed charges
    against the perpetrators while the children were sent to their
    families. See also the State Department's annual Trafficking in Persons
    Report at www.state.gov/g/tip.
        Inspectors from the State Labor Inspector's Office were responsible
    for enforcing the child labor laws within the formal economy.
    Inspectors reported no violations of child labor laws during the year.
    The ministry has 40 inspectors covering labor issues divided in eight
    branch offices, although there were no resources devoted exclusively to
    investigating child labor. The Government has provided two general
    awareness training courses for officials charged with enforcing child
    labor laws.

        e. Acceptable Conditions of Work.--The national minimum wage of 55
    euros ($73) per month did not provide a decent standard of living for a
    worker and family. According to statistics released at the end of
    August, the average salary was approximately 504 euros ($670) per month
    and was not adequate for a worker and family to live comfortably. The
    Government statistics office estimated that approximately 5 percent of
    the population lived below the poverty line in 2008. Significant
    portions of the workforce, particularly in rural areas and the informal
    sector, earned less than the minimum wage. The Ministry of Labor and
    Social Welfare enforced the minimum wage; there were no reports during
    the year of employers in the formal economy failing to pay it.
        The law limits hours worked to 40 per week (except in specified
    unusual circumstances), sets a 30-minute daily rest period, and
    requires an unspecified premium for work in excess of 40 hours per
    week. Overtime work is limited to 10 hours per week; however, seasonal
    workers often worked much longer hours.
        Many workers from privatized or bankrupt companies had outstanding
    claims for back payment of salaries and severance pay. The law provides
    some recourse, and parties have reached settlements involving some
    compensation in the past; however, these were the exception. The law
    requires employers to make substantial contributions to pension and
    health care funds. To avoid these payments, employers often did not
    officially register their employees.
        During the first nine months of the year, the Employment Agency
    granted licenses for the employment of 10,062 foreigners, most of them
    seasonal workers in the fields of tourism, catering, and construction.
    The quota for nonresident employees for the year was 39,450. Labor law
    provisions governing temporary employment place no limitation on
    extending the temporary employment of a worker, putting employers in a
    position of considerable leverage over workers, particularly women,
    older workers, and those with disabilities.
        The Government establishes mandatory health and safety regulations,
    and it increased inspections and preventative measures during the year.
        The law governing workplace health and safety covers both the
    public and private sectors. Employers are obliged to provide and ensure
    the use of safety equipment at work and report any serious injury or
    death at work within 24 hours; however, authorities did not strictly
    enforce laws and regulations on worker safety. In practice, workers
    often lacked safety equipment, especially in the construction and wood-
    processing industries. During the first nine months of the year, there
    were 45 injuries and four deaths from injuries at work. The most
    frequent reasons cited for injuries were lack of work-related training,
    inadequate medical care for workers, and old workplace equipment.
        During the first nine months of the year, authorities conducted
    11,405 inspections and found 8,171 violations of labor standards. Labor
    inspectors have legal authority to close an establishment until
    violations are corrected. In cases of repeated violations, the owners
    can be fined. Infractions included violations related to labor permits
    and contracts, payment for work, annual leave, and unpaid and
    unreported overtime. Inspectors shut down workplaces in 356 cases,
    levied 2,515 on-the-spot fines for lesser violations, and filed
    criminal charges in three severe cases.
        Workers did not have the right to remove themselves from situations
    that endanger health and safety without jeopardy to their employment.
    As a part of the agreement with the European Agency for Protection and
    Health at Work, the Ministry of Health, Labor and Social Welfare
    distributed 18,000 fliers during 2009 to raise awareness about
    potential hazards. The law requires employers to make a risk assessment
    of workplaces that includes measures to prevent and reduce risks.

                                   __________

                                  NETHERLANDS

        The Kingdom of the Netherlands includes the Netherlands (population
    approximately 16.6 million), Aruba (103,000), Curacao (141,000), and
    St. Maarten (41,000).\1\ The Netherlands (the term used to designate
    the European part of the kingdom) is a constitutional monarchy with a
    bicameral parliamentary legislative system. The country's 12 provincial
    councils elect a First Chamber; citizens directly elect a Second
    Chamber. The most recent general elections, held in June, were
    considered free and fair. A prime minister and a cabinet representing
    the governing political parties (traditionally a coalition of at least
    two major parties) exercise executive authority. Security forces
    reported to civilian authorities.
    ---------------------------------------------------------------------------
        \1\ With the dissolution of the Netherlands Antilles on October 10,
    Curacao and St. Maarten became separate, largely autonomous, entities
    within the Kingdom of the Netherlands; three smaller islands, Bonaire
    (12,800), St. Eustatius (2,700), and Saba (1,600) became special
    entities with direct ties to the Netherlands.
    ---------------------------------------------------------------------------
        Aruba, Curacao, and St. Maarten have unicameral parliamentary
    systems. They are largely autonomous, except for foreign policy and
    defense. The Kingdom of the Netherlands is required, according to its
    charter, to safeguard fundamental human rights and freedoms, good
    governance, legal certainty, and the soundness of administration in all
    of its territories..
        In the Netherlands, individuals were prosecuted during the year for
    violations of a law prohibiting public speech that incites hatred or
    discrimination. There were reports of anti-Semitic incidents, societal
    discrimination, and violence against some religious and ethnic
    minorities, violence against women and children, and trafficking in
    persons for sexual exploitation. In Aruba, Curacao, and St.Maarten,
    prison conditions remained substandard in some respects.
                            respect for human rights
    Section 1. Respect for the Integrity of the Person, Including Freedom
            From:

        a. Arbitrary or Unlawful Deprivation of Life.--There were no
    reports that the Government or its agents committed arbitrary or
    unlawful killings.

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

        c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
    Punishment.--The law prohibits such practices, and there were no
    reports that government officials employed them during the year.

        Prison and Detention Center Conditions.--In the Netherlands, prison
    and detention conditions generally met international standards, and the
    Government permitted visits by independent human rights observers. No
    visits occurred in the course of the year. In Aruba, Curacao, and St.
    Maarten, prison conditions remained substandard in some respects.
        In all kingdom territories, authorities permitted prisoners and
    detainees to maintain regular contact with the outside world and
    receive visitors. Prisoners were permitted religious observance. They
    could submit complaints to a supervisory committee, the penitentiary
    institution's selection official, the prison system's complaint
    commission, and in many cases had the option to appeal. Complaints were
    addressed adequately with respect for due process of law. The
    Government monitored prison and detention center conditions.
        In the Netherlands, 11,682 persons were held in detention as of
    September 2009, approximately 7 percent of them women. The total
    included about 5,500 persons awaiting judicial disposition, about 4,200
    serving prison sentences, approximately 500 in detention for not paying
    a fine, and approximately 500 in detention for failing to meet their
    community-service obligations.
        In Curacao and St. Maarten, authorities have not increased prison
    capacity sufficiently to allow separate facilities for juvenile
    offenders, and judges may sentence juveniles under the age of 16 who
    have committed serious offenses to prisons where they serve time
    together with adults. A project begun in 2007 that replaced prison with
    house arrest for selected inmates continued but involved very few
    individuals. During the year only one inmate was selected for
    electronic monitoring.
        At Bon Futuro Prison in Curacao, renamed Curacao Detention and
    Correction Center in September, there were several altercations between
    inmates, and one brief inmate strike by inmates in May, which resulted
    in some property damage. Prison guards went on strike in September in
    Curacao over newly implemented prison regulations. In St. Maarten,
    inmates struck briefly in April over a Public Prosecutor's Office
    decision to send two inmates to prison in Bonaire.
        In July 2009 the UN Human Rights Committee described reports that
    prison conditions in Bon Futuro Prison and Bonaire Remand Prison
    remained ``extremely harsh.'' However, improvements were under way as a
    result of a 2008 allocation of eight million euros ($10.7 million) by
    the Netherlands government. The Council of Europe's Committee for the
    Prevention of Torture (CPT) based the improvements on recommendations.
    The CPT's 2009 report cited improvements in the prisons in Curacao and
    St. Maarten, including the opening of a youth section in St. Maarten.
    Authorities completed the renovation of the Bonaire detention center in
    2009 in accordance with CPT standards. The renovation of Bon Futuro
    Prison was under way. Work continued on a construction and renovation
    project for separate holding facilities for undocumented foreign
    nationals in Curacao, including that section's specific perimeter
    security. Also in Curacao, construction of new entry and exit
    facilities and a workshop for prisoner activities continued. No new
    construction or renovation took place during the year in St. Maarten.
    The prison director stated that prison staffing was sufficient.
    Training for six new guards was scheduled for January 2011.

        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 regional police forces, and the
    Government had effective mechanisms to investigate and punish abuse and
    corruption. There were no reports of impunity involving the security
    forces during the year.

        Arrest Procedures and Treatment While in Detention.--Police
    officers, acting under the authority of the public prosecutor, conduct
    criminal investigations. A prosecutor or senior police officer must
    order any arrests. Authorities must promptly inform detainees of the
    charges against them. Police may question suspects for a maximum of 12
    hours (six hours in Aruba, Curacao, and St. Maarten) and detain them
    for up to three days (two days in Aruba, Curacao, and St. Maarten),
    with the possibility of an additional three-day extension in cases of
    ``urgent necessity,'' by order of the public prosecutor without the
    permission of a magistrate. However, by the fourth day (the third day
    in Aruba, Curacao, and St Maarten), the prosecutor must bring detainees
    before an examining magistrate for questioning and a decision whether
    to extend detention for another 14 days. The court subsequently reviews
    the validity of continued detention every 90 days. Extensions depend on
    progress in the preliminary investigation.
        In the Netherlands, in terrorism-related cases, the examining
    magistrate may order detention for the first 14 days on the lesser
    charge of ``reasonable suspicion'' rather than ``serious suspicion''
    required for other crimes.
        By law defendants have the right to access to an attorney during
    questioning; however, after a 2007 visit, the CPT expressed concern
    that authorities in the Netherlands did not always permit attorneys to
    be present during the initial period of detention, which may last up to
    12 hours. In April the College of Prosecutors-General issued
    instructions on ``giving effect to the right of a detained defendant to
    consult an attorney prior to substantive questioning.'' Minors are also
    entitled to counsel during questioning. The Justice Department has
    established pilot projects to test the practice of having an attorney
    present during the initial detention and questioning of an adult
    suspect.
        Authorities in Aruba indicated that if a detainee requested a
    lawyer, no interrogation would take place without one unless the
    severity of the case dictated otherwise. A legal aid system existed to
    provide indigent detainees with legal aid, but such lawyers did not
    always appear before questioning began. In the Netherlands Antilles,
    beginning in mid-November 2009 authorities reportedly instituted
    procedures requiring that police inform defendants of their right to
    have a family member or other person informed of their arrest and that
    police document this procedure.
        There is no provision for bail, but in the Netherlands authorities
    avoided lengthy detention before trial unless there were compelling
    reasons to keep a person in custody.
        In 2007 the UN Committee Against Torture criticized the excessive
    length of pretrial detention and the high number of detainees not
    convicted of a crime in Aruba and the Netherlands Antilles. The
    Governments of the two territories sought to correct this problem by
    reducing the number of crimes requiring pretrial detention and
    implementing other policies aimed at reducing the case backlog,
    particularly more expeditious processing of cases involving illegal
    drugs. The backlog of detainees awaiting trial has been significantly
    reduced.

        e. Denial of Fair Public Trial.--The law provides for an
    independent judiciary, and the Government generally respected judicial
    independence in practice.

        Trial Procedures.--The law provides for the right to a fair trial,
    and an independent judiciary generally enforced this right. Trials are
    public. Juries are not used. The law requires that authorities fully
    inform defendants about the proceedings at every stage. In criminal
    trials the law provides for prompt access to counsel (inexpensively for
    persons with low incomes), the presumption of innocence, and the right
    to appeal. The accused is not present when the examining magistrate
    examines witnesses, but his attorney has the right to question them. In
    most instances defendants and their attorneys have access to
    government-held evidence relevant to their cases; however, in certain
    cases involving national security, special procedures permit an
    examining judge to assess the reliability of official intelligence
    reports without exposing the identities of intelligence officers or
    releasing confidential intelligence information to the public or the
    defendant. In such cases the defense has the right to submit written
    questions to these witnesses through the examining judge. The law
    extends the above rights to all citizens.
        On July 27, the UN Human Rights Committee took the position that
    the Netherlands violated the UN International Covenant on Civil and
    Political Rights by enacting legislation in 2007 that restricts a
    defendant's right to appeal fines of less than 500 euros ($665) for
    minor offenses. The legislation provided that an appellate court must
    first grant permission to the defendant in such a case to file an
    appeal ``in the interest of proper administration of justice.'' The
    committee found, however, that the new procedures denied the defendant
    the right to challenge his conviction effectively. The Government did
    not respond by year's end.

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

        Regional Human Rights Court Decisions.--The Government was
    responsive to rulings by the European Court for Human Rights (ECHR). On
    August 24, the foreign minister issued his annual report on the
    previous year's ECHR decisions affecting the country. He noted that of
    the four cases in which the court issued judgments in 2009, no
    violation of the European Convention on Human Rights had been found in
    two, while the other two cases were settled on friendly terms. In
    response to earlier court judgments, the Government consolidated the
    legal basis for wiretapping.

        Civil Judicial Procedures and Remedies.--There is an independent
    and impartial judiciary in civil matters. Individuals may bring
    lawsuits for damages related to a possible human rights violation
    before the regular court system or specific appeal boards, and once
    individuals exhaust national remedies, they may appeal to the ECHR.

        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
    freedoms in practice.
        Individuals could criticize the Government publicly or privately
    without reprisals.
        Disputes occasionally arose over a journalist's right to protect
    their sources. On September 14, the ECHR ruled in a Dutch case that the
    right to protect journalistic sources should include a guarantee of
    review by a judge or other independent and impartial decision-making
    authority before the police or the public prosecutor gained access to
    information that would reveal these sources. The case concerned a
    police seizure of photographs of an illegal automobile race. The
    photographs had been taken by a journalist of the publication Autoweek
    who assured the participants in the race that their anonymity would be
    respected. The police believed the photographs would help them track
    down participants in a series of major robberies. The public prosecutor
    held that the interests of its investigation outweighed the reporter's
    asserted right to protect his sources. However, the ECHR ruling found
    that the right of journalists to protect their sources was sufficiently
    critical to freedom of the press to require greater protection.
    Legislation being drafted by the Government to bring the country's law
    into compliance with the court's ruling had not been enacted as of
    year's end.
        It is a crime to engage in public speech that incites hatred,
    discrimination, or violence against persons because of their race,
    religion, convictions, gender, sexual orientation, or disability.
    During the year the Government successfully prosecuted several such
    cases, notably cases in which judges considered the language in
    question to be ``unnecessarily offensive.'' The Government urged
    prosecutors and police to give proper attention to incidents of
    ``discrimination,'' which in the country's jurisprudence includes
    racially offensive speech. Convictions for these offenses were rare
    because courts were reluctant to restrict freedom of expression,
    especially when it took place within the context of a public debate.
        In October Geert Wilders stood trial before the Amsterdam District
    Court on charges of offending, inciting hatred toward, and
    discriminating against, Muslims. However, due to a number of incidents
    that raised doubt about the impartiality of the judges, a mistrial was
    declared, and the case was rescheduled for 2011. Wilders was a member
    of parliament and a leader of the Party for Freedom. In a number of
    public statements and in his movie, Fitna, Wilders characterized Islam
    as a violent political ideology that is incompatible with western
    values. The prosecutor initially declined requests from Muslim and
    other groups to prosecute Wilders, asserting that his opinions were
    expressed in the context of a legitimate public debate. However, in
    January 2009 the Amsterdam Appellate Court ordered the prosecutor to
    initiate criminal proceedings. In the October trial, the prosecutor
    requested Wilders' acquittal.
        On August 19, an appellate court fined the Arabic European League
    (AEL) for placing a cartoon on its Web site that expressed the idea
    that Jews deliberately invented or exaggerated the Holocaust. AEL had
    stated that they published the cartoon in reaction to earlier Danish
    cartoons depicting the Prophet Mohammed in a negative way, with the
    stated intention of demonstrating double standards in the media and
    public debate. A district court ruled in favor of the AEL on the
    grounds that the organization's stated objective had nullified its
    offensive, punishable character. The appeals court, however, disagreed,
    asserting that the context was not sufficiently clear. In its ruling
    the court stated that despite the AEL disclaimer, the cartoon was
    ``unnecessarily offensive.'' It agreed with the ECHR that freedom of
    expression must be protected, even if it shocks or offends, but noted
    that the ECHR makes an exception for denying or trivializing the
    Holocaust. The court concluded that ``the Jewish community. must be
    able to deal with critical statements to a certain degree, even if they
    could be perceived as offensive, but it is entitled to be spared
    serious offense based on the Holocaust.''
        On September 21, the Amsterdam Prosecutor's Office decided not to
    prosecute the cartoonist Gregorius Nekschot (``Deathblow'' in Dutch)
    for some of his cartoons, even though, in the prosecutor's stated view,
    the cartoons violated the law on intentional discrimination and
    incitement to hatred. In announcing his decision, the prosecutor noted
    that the cartoonist had removed the cartoons from his Web site and that
    the complaint dated from five years earlier. The cartoonist and the
    Netherlands Association of Journalists expressed regret that a judge
    had no opportunity to rule on the alleged breach of freedom of
    expression.

        Internet Freedom.--There were no governmental restrictions on
    access to the Internet or reports that the Government monitored e-mail
    or Internet chat rooms. Individuals and groups could engage in the
    peaceful expression of views via the Internet, including by e-mail.
    More than 90 percent of the population had access to the Internet.
        During the year authorities continued to pursue policies to counter
    incitement to discrimination on the Internet. There were a number of
    convictions in 2009 and during the year.
        The police maintained a list of Web sites they have judged to be
    purveyors of child pornography and reviewed the list periodically. All
    major Internet service providers in the Netherlands have agreed not to
    permit access to those sites.

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

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

        c. Freedom of Religion.--For a description of religious freedom,
    see the 2010 International Religious Freedom Report at www.state.gov/g/
    drl/irf/rpt

        d. Freedom of Movement, Internally Displaced Persons, Protection of
    Refugees, and Stateless Persons.--The laws provide for freedom of
    movement within the country, foreign travel, emigration, and
    repatriation, and the Government generally respected these rights in
    practice. The Government cooperated with the Office of the UN High
    Commissioner for Refugees (UNHCR) and other humanitarian organizations
    in providing protection and assistance to refugees, returning refugees,
    asylum seekers, stateless persons, and other persons of concern.
        The law prohibits forced exile, and the Government did not employ
    it.

        Protection of Refugees.--Laws provide for the granting of asylum or
    refugee status, and the Government has established a system for
    providing protection to refugees.
        Authorities denied asylum to persons who came from so-called safe
    countries of origin or who resided for some time in safe countries of
    transit. They used EU guidelines to define such countries. Asylum
    seekers are granted adequate opportunity to present their cases.
        In practice authorities generally provided protection against the
    expulsion or return of asylum seekers to countries where their lives or
    freedom would be threatened on account of their race, religion,
    nationality, membership in a particular social group, or political
    opinion. In response to criticism that some of the Government's
    procedures were inadequate to avoid this risk, the asylum procedures
    were revised on July 1 to ensure expedited and more scrupulous
    processing of asylum applications. Authorities provided economic
    assistance to persons who were denied asylum and who chose to return
    home voluntarily.
        During the year the Government ended its policy of automatically
    granting temporary protection to certain categories of asylum seekers
    based on country of origin or other established criteria, a policy
    favored by the UNHCR and many nongovernmental organizations (NGOs).
    Instead, it adopted a policy of investigating individual asylum
    applications and determining on a case-by-case basis whether the
    individuals concerned would face mistreatment if returned to their
    countries of origin. The UNHCR and NGOs, including Amnesty
    International (AI), challenged the Government when it considered
    returning persons to countries where they might be at risk. For
    example, AI asserted that authorities planned to return persons to
    territory in and near Mogadishu that was controlled by the Transitional
    Federal Government of Somalia based on an agreement with that
    government. However, in AI's view, no part of central or southern
    Somalia was a safe destination. These and similar charges resulted in
    pressure to return to the practice of not deporting persons in certain
    categories, including asylum seekers from such areas as Somalia, Iraq,
    and Sudan or those meeting other criteria, such as gays and lesbians,
    and Christian converts from Iran.
        Several organizations, including AI and the Council for the
    Administration of Criminal Law, criticized the manner of detention of
    aliens prior to deportation. They maintained that since the aliens were
    not criminals, authorities should not subject them to a criminal regime
    or keep them in detention for extended periods of time, especially if
    there was little or no prospect of actual deportation. Courts have
    ordered the release of aliens if there was no prospect of actual
    deportation. The state secretary for justice noted that there was no
    evidence of structural abuse in the treatment of aliens in detention
    centers. Some NGOs continued to argue that the Government did not
    always keep deportable children out of detention. The state secretary
    countered that it was at times unfair and inhumane to separate families
    awaiting deportation. The Council of Europe's European Committee of
    Social Rights, NGOs, and Dutch courts criticized the Government for
    violating the rights of children by failing to give basic assistance to
    children whose adult family members had been denied asylum. The
    Government reviewed the situation and decided during the year not to
    terminate care for children of rejected asylum seekers.
        According to the UNHCR, there were slightly fewer than 100,000
    asylum seekers and refugees in the country. Official data from
    Statistics Netherlands (CBS) indicated that at the beginning of 2008
    more than 70,000 refugees were living in the country with residence
    status. Refugees received government assistance in finding housing and
    they are entitled to social welfare and other social services.
        An average of approximately 17,000 persons per year apply for
    asylum. They are usually housed in asylum centers until a decision has
    been made on their applications. Rejected asylum seekers, once they
    have exhausted all possible appeals, are denied further assistance.
    Several thousand rejected asylum seekers and illegal immigrants were in
    detention during the year awaiting deportation.
        Rejected asylum seekers and those still awaiting decisions on their
    applications were not permitted to work and they were denied many
    social services; however, they were given basic sustenance and health
    care and permitted to attend school.

        Stateless Persons.--Citizenship is based primarily on the mother's
    citizenship. According to UNHCR statistics, there were 5,034 stateless
    persons in the country at the end of 2009.
        Parliament has revised the law governing citizenship repeatedly to
    counter and prevent statelessness, including by providing the
    opportunity to gain Dutch citizenship. Immigrants may naturalize after
    five years of legal residence, or after three years if they are married
    to a citizen. Migrants who are not naturalized are allowed to work,
    including in the civil service but not the police force or the army.
    After five years of legal residence, nonnationals have the right to
    vote in local elections. To become citizen, they must complete a
    written naturalization examination that tests both their proficiency in
    the Dutch language and their knowledge of the country's culture and
    society.
    Section 3. Respect for Political Rights: The Right of Citizens to
            Change Their Government
        The law provides citizens with the right to change their government
    peacefully, and citizens exercised this right in practice through
    periodic, free, and fair elections held on the basis of universal
    suffrage. These rights also apply to the Aruba, Curacao, and St.
    Maarten.

        Elections and Political Participation.--During the year,
    parliamentary elections in the Netherlands were considered free and
    fair.
        Political parties generally operated without restriction or outside
    interference. On April 9, the Supreme Court, upholding a 2007 appeals
    court decision, ruled that the Government was obliged to ensure that
    the Protestant Political Reformed Party (SGP) grants women the right to
    run for office. The SGP maintained that the decision constituted
    interference with religious freedom and freedom of association, and
    that the party's female members were not seeking to run for office. The
    party had already agreed to permit women to become party members
    following an earlier court decision that would have cost it its subsidy
    for not doing so. The Government did not respond to the Supreme Court
    ruling by year's end. The SGP, however, has filed an appeal with the
    ECHR.
        There were 61 women in the 150-seat Second Chamber of parliament
    (``House of Representatives''). Of the 20 Dutch cabinet members four
    were women. Women also held positions in the parliaments and cabinets
    of the former Netherlands Antilles, Curacao, St. Maarten, and Aruba,
    including the position of prime minister of St. Maarten and the prime
    minister of the Netherlands Antilles prior to its dissolution in
    October.
        In the Netherlands, 17 members of the Second Chamber of parliament
    were of immigrant descent, including six of Turkish and five of
    Moroccan descent.
    Section 4. Official Corruption and Government Transparency
        The law provides criminal penalties for official corruption, and
    the Government generally implemented the law effectively. There were
    isolated reports of government corruption during the year.
        In 2009, the most recent year for which information was available,
    authorities imposed disciplinary sanctions on 295 central government
    employees for abusing their positions.
        There are no laws requiring officials to make financial
    disclosures. The Government pursued an active anticorruption policy
    coordinated by the Internal Affairs Ministry's Bureau for Promotion of
    Integrity of the Public Sector. The National Criminal Investigation
    Service coordinated investigations under the supervision of the
    national prosecutor for corruption.
        The law provides for public access to government information, and
    authorities generally respected that right for both citizens and
    noncitizens, including foreign media. Whenever authorities denied
    requests for information, they provided reasons based on the law. Those
    seeking information could appeal any refusal to the regular courts.
    Disputes occasionally arose in court over the scope of the Government's
    right to withhold information based on the public interest.
    Section 5. Governmental Attitude Regarding International and
            Nongovernmental Investigation of Alleged Violations of Human
            Rights
        Several domestic and international human rights groups generally
    operated without government restriction, investigating and publishing
    their findings on human rights cases. Government officials were
    cooperative and responsive to their views.
        In the Netherlands, there are no ombudsmen or parliamentary
    committees dealing exclusively with human rights. However, a citizen
    may bring any complaint before the Equal Opportunity Commission (CGB),
    the national ombudsman, the Commercial Code Council, or the Council of
    Journalism, depending on the circumstances.
    Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
        The law prohibits discrimination based on age, race, gender,
    disability, language, political preference, sexual orientation, and
    social status, and the Government generally enforced these
    prohibitions.

        Women.--Rape, including spousal rape, is a crime, and the
    Government effectively prosecuted such crimes. The penalty for rape is
    imprisonment not exceeding 15 years or a fine. The maximum sentence for
    marital rape is eight years in prison. According to a 2008 report on
    crime and law enforcement published by the Justice Ministry's
    Scientific Research and Documentation Center and the CBS, in 2007 there
    were 3,459 registered cases of rape and sexual assault involving 2,118
    suspects.
        Domestic violence was the most prevalent form of violence in
    society. A factsheet issued by the Ministry of Justice in May 2009
    indicated that there were approximately 500,000 incidents of household
    violence annually. Approximately 40 percent of the population
    experienced some form of domestic violence during their lives; 10
    percent of these reported experiencing some form of physical, sexual,
    or mental abuse at least weekly, and 4 percent had been raped.
    According to police records, approximately 85 percent of victims were
    women. Police estimated that victims reported approximately 12 percent
    of all cases. The Government continued to implement a 2008-11 national
    action plan to intensify the fight against household violence that
    included a national survey on its scope. In June the College of
    Prosecutors-General, which supervises the operation of the national and
    regional prosecutors' offices, issued new instructions for
    investigating and prosecuting cases of domestic violence and so-called
    honor violence.
        In Aruba, the criminal code specifies additional penalties for
    violent offenses when committed against family members.
        In the Netherlands, spousal abuse carries a penalty that is one-
    third more severe than ordinary battery. Police records indicated that
    approximately 3 percent of spousal abuse cases reported to police
    resulted in arrests. The Government provided support to the national
    organization Movisie (formerly TransAct), which assisted victims of
    domestic and sexual violence and trained police and prosecutors in
    investigating and prosecuting related crimes. The Government subsidized
    shelters for battered women. Mayors may impose temporary restraining
    orders on perpetrators of household violence; police figures indicated
    that 2,150 restraining orders were issued nationwide in 2009. In
    October the Government repeated a public information campaign against
    domestic violence.
        In May the Justice Ministry, together with several NGOs, repeated
    the annual national information campaign to combat forced marriages and
    the abandonment by immigrants of their spouses in their country of
    origin. The campaign was intended to generate awareness among certain
    groups of young immigrants regarding the risks which they might be
    running in this regard and inform them about precautionary measures
    they could take to prevent forced marriage or being left behind during
    vacations in their parents' country of origin.
        According to a report published in August, the National Expertise
    Center on Honor-Related Violence (LEC-EGG) received of 445 reports of
    possible honor violence in 2009, compared to 553 in 2008 and 493 in
    2007. Of the 445 reports received in 2009, 54 percent involved threats,
    31 percent physical violence, 3 percent allegations of murder, 3
    percent attempted murder, and 2 percent rape. The Government has
    addressed the problem vigorously and continued a five-year program
    started in 2006 to combat honor violence that focused on prevention,
    protection, and criminal prosecution. In 2008 the Government set up
    LEC-EGG within the regional police department in The Hague. The center,
    accessible seven days a week and 24 hours a day, developed a checklist
    to help the police and other professionals identify honor violence
    cases.
        Female genital mutilation (FGM) was practiced on both women and
    young girls (see section 6, Children).
        The law requires employers to take measures to protect workers from
    sexual harassment; however, sexual harassment was a problem. In June
    the CBS published a study on sexual harassment which estimated that in
    2009 one in 40 women was subject to unwelcome sexual advances. The
    study indicated that 20 percent of the unwanted advances occurred in
    the workplace and that only 10 percent were reported to the police. The
    Government continued a public-awareness campaign and took measures to
    counter harassment among civil servants; no information was available
    on their effectiveness. The Working Conditions Act commits employers to
    protect employees against aggression, violence, and sexual
    intimidation. Complaints against employers who fail to provide
    sufficient protection can be submitted to the CGB. Victims of sexual
    assault or rape in the workplace must report the incidents to the
    police since they are criminal offenses.
        The Government recognized the basic right of couples and
    individuals to decide freely and responsibly the number, spacing, and
    timing of their children, and to have the information and means to do
    so free from discrimination, coercion, and violence. There were no
    restrictions on the right to access contraceptives. The Government
    provided skilled attendance during childbirth, including obstetric and
    postpartum care. Men and women received equal access to diagnosis and
    treatment for sexually transmitted infections, including HIV. According
    to 2008 estimates published by the World Health Organization, the
    United Nations Children's Fund (UNICEF), the UN Food Program, and the
    World Bank, the maternal mortality rate was nine deaths per 100,000
    live births.
        Under the law women have the same rights as men, including rights
    in family law, property law, and the judicial system.
        In the Netherlands, approximately 68 percent of women were employed
    in 2009, nearly 75 percent of them part time. Female and male
    unemployment rates were 5.3 and 4.5 percent, respectively. The Ministry
    of Social Affairs and Employment reported that the higher rate of
    unemployment among women, their reduced chances for promotion, and
    their generally lower-ranking positions compared with men resulted
    primarily from their higher level of part-time employment status.
    According to EU statistics, the disparity between men's and women's
    earnings in the country's private sector was 23.6 percent in 2008;
    adjusted for level of experience and expertise required for the jobs,
    the differential was 7 percent.
        The Government provided affirmative action programs for women, and
    collective labor agreements usually included provisions to strengthen
    the position of women. In 2009 the CGB received 473 complaints of
    discrimination, 16 percent of which related to gender.

        Children.--Children obtain citizenship through their parents.
    Registration of all births is mandatory.
        Child abuse was a problem. The Ministry for Youth and Family
    reported in September that an estimated 107,000 children were abused
    annually, of whom fewer than 50 percent were known to professional
    organizations. Experts estimated that approximately 50 to 80 children
    died each year from some form of abuse. In 2009 the Child Abuse
    Reporting Center received almost 60,000 reports of possible child
    abuse, 12 percent more than in 2008. In March 2009 the Government
    launched a two-year publicity campaign to encourage the public to
    report signs of possible child abuse. In 2008 the Government began to
    require physicians to report child abuse, overriding professional
    confidentiality. Despite increased government funding for the Council
    for the Protection of Children, there still were long waiting lists for
    assistance.
        The law prohibits FGM. The maximum penalty is 12 years in prison.
    In May 2009 the Ministry of Health published an FGM prevalence study
    which indicated that, of the 1,200 pregnant women and girls from high-
    risk countries (Somalia, Ethiopia, and Egypt) examined by midwives in
    2008, a total of 470 had undergone FGM. In 2007 the Government's
    National Public Health Council estimated that at least 50 girls a year
    underwent FGM, probably in the native countries of their parents; the
    FGM committee established by the Ministry of Health estimated that
    16,000 girls and 32,000 women had been subjected to the procedure. The
    Government continued a long-term program to combat FGM through primary
    prevention and early identification, and the Health Ministry committed
    more than one million euros (approximately $1.3 million) annually to
    combat FGM. The funds were used for information campaigns for at-risk
    groups and among professionals whose occupations bring them into
    contact with immigrant girls. They were also used for projects designed
    to engage key individuals in communities where FGM occurred. In August
    2009 the College of Prosecutors-General issued new instructions for
    investigating and prosecuting cases of child abuse, including a chapter
    devoted to FGM.
        Prostitution under the age of 18 is illegal. Anyone who forces a
    minor to engage in prostitution is liable to a sentence of up to eight
    years, or up to 12 years if the victim is under 16. Because there were
    no reliable statistics on the number of underage prostitutes, the
    Government in 2009 asked Comensha, the national human trafficking
    victim registration center, to set up a national registration system
    for underage prostitution. During the year the system became
    operational.
        The Netherlands and the Caribbean parts of the kingdom were not
    destinations for child sex tourism. The law provides penalties for
    nationals and legal residents of the country who abuse minors abroad,
    even if the offense is not a crime in the country where the abuse
    occurs. In November 2009 the Government installed the Taskforce on
    Child Pornography and Child Sex Tourism to intensify the fight against
    these crimes. The country has a statutory rape law. The penalty for
    rape is imprisonment not exceeding 15 years, a fine, or both. The
    minimum age for consensual sex is 16. The law prohibits production,
    possession, and distribution of child pornography for which there is a
    maximum penalty of eight years' imprisonment. In January legislation
    came into force that makes gaining access to child pornography on the
    Internet a crime with a maximum penalty of four years in prison. In
    Aruba, Curacao, and St. Maarten, this awaited ratification.
        The country is a party to the 1980 Hague Convention on the Civil
    Aspects of International Child Abduction. For information on
    international parental child abduction, please see http://
    travel.state.gov/abduction/country/country--3781.html

        Anti-Semitism.--According to the Jewish Social Work organization,
    approximately 45,000 Jews resided in the Netherlands.
        Anti-Semitic incidents, including threats, verbal abuse, and
    desecration of monuments and cemeteries, continued to occur. The Center
    for Information and Documentation on Israel (CIDI) reported a
    significant rise in the number of reported incidents in 2009 and 2010.
    CIDI stated, however, that ``serious incidents'' remained rare. The
    frequency of incidents appeared to be correlated with the political
    situation in the Middle East. For example, incidents sharply increased
    in June following the Israeli action against the Gaza Flotilla. They
    included spraying red paint on the front doors of synagogues in the
    towns of Amersfoort and Utrecht and an incident on June 6, during which
    passers-by shouted ``Heil Hitler'' when Chief Rabbi Binyomin Jacobs was
    speaking at a memorial ceremony at the former concentration camp in
    Vught. CIDI pushed for more action against anti-Semitic Internet sites,
    which it characterized as one of the main means of disseminating anti-
    Semitic and racist ideologies. It also sought tougher action against
    Holocaust denial, better registration of anti-Semitic incidents, and
    more attention to Holocaust education. Explicitly anti-Semitic
    sentiments were widespread among certain segments of the Muslim
    community, pro-Palestinian groups, and fringe nationalist and neo-Nazi
    groups.
        In its most recent report, the Registration Center for
    Discrimination on the Internet (MDI) in 2009 reported a sharp increase
    in anti-Semitic statements. During that year it received 399 reports of
    anti-Semitism, of which it considered 258 to be punishable, including
    41 denials of the Holocaust. Whereas the Web sites of right-wing
    extremists traditionally accounted for most of the anti-Semitic
    expressions on the Internet, the MDI found that such expressions were
    increasingly present on mainstream interactive websites.
        On August 19, the Arnhem Appellate Court fined the AEL for a
    cartoon on the AEL Web site that expressed the idea that Jews
    deliberately invented or exaggerated the Holocaust (see Section 2.a.).
        In September the Government initiated an updated action plan to
    combat discrimination in general and anti-Semitism in particular. The
    plan underlined the importance of a local approach through cooperation
    between local authorities and Jewish and non-Jewish organizations to
    include the reporting and filing of complaints, improved tracking down
    and prosecution of offenders, and education and the dissemination of
    information on discrimination. For example, the Government sponsored
    special training courses for teachers, peer education projects, and
    education programs that focused specifically on anti-Semitism and
    Holocaust denial. It also sponsored the Jewish Moroccan Network, which
    sought to reduce tensions between Jews and Moroccans.
        In early December, Dutch politician and former EU commissioner
    Frits Bolkstein advised Dutch Jews, particularly those that stand out
    due to their dress, to leave the country because of what he described
    as increasing anti-Semitism, especially amongst Dutch Moroccans. After
    he was criticized for this statement, Bolkstein stated that his
    intentions were to urge the Dutch ``not look away'' from the realities
    and denied that he ever called on Jews to leave the country.
        The Government-funded Article 1 National Association Against
    Discrimination set up several projects at elementary, secondary, and
    vocational training schools to counter racism and discrimination.
        There were no reports of anti-Semitic incidents in Curacao, St.
    Maarten, or Aruba.

        Trafficking in Persons.--For information on trafficking in persons,
    please see the Department of State's annual Trafficking in Persons
    Report at www.state.gov/g/tip

        Persons With Disabilities.--Discrimination against persons with
    disabilities is illegal in all parts of the kingdom, but government
    enforcement was inadequate, and there were some reports that such
    discrimination occurred. The penal code provides penalties for
    discrimination in employment, education, access to health care, and the
    provision of state services. In 2009 the CGB received 473 complaints of
    discrimination, 17 percent of which related to persons with
    disabilities. Although CGB rulings are not binding, they usually were
    implemented. The law requires that persons with disabilities have
    access to public buildings, information, and communications, but public
    buildings and public transport often were not easily accessible in
    practice.

        National/Racial/Ethnic Minorities.--The kingdom's constitution
    prohibits racial, national, or ethnic discrimination in all kingdom
    territories.
        In the Netherlands, incidents of physical assault against
    minorities were rare, but members of minority groups experienced verbal
    abuse and intimidation, and were at times denied access to public
    venues, such as discotheques.
        A Muslim community of approximately 850,000 persons faced frequent
    discrimination. Members of immigrant groups also faced discrimination
    in housing and employment. According to the CBS, in 2009 the minority
    unemployment rate (11 percent) remained roughly three times that of the
    ethnic Dutch workforce (4 percent), while the unemployment rate among
    minority youth was 25.3 percent compared to 11.6 percent for native
    Dutch youth.
        The Government pursued an active campaign to increase public
    awareness of racism and discrimination. The Government initiated a
    national campaign to counter discrimination and to improve the
    reporting of hate crimes, including hate speech, by using a special Web
    site.
        Within the police, the National Discrimination Expertise Center
    (LECD) worked to optimize the criminal processing of discrimination
    cases. The LECD cooperated closely with the prosecutor's offices, local
    antidiscrimination units, and the MDI. These organizations also
    registered incidents and issued reports. Data from the LECD, the CGB,
    and the Racism and Extremism Monitor of the Anne Frank Foundation
    provided insights into the extent of incidents of discrimination. These
    organizations voiced concern about the reluctance of victims to report
    incidents.
        In each region a discrimination consultation body, which included
    police, the prosecutor's office, and antidiscrimination units,
    evaluated incidents of discrimination. In 2009 the LECD registered 160
    reported offenses of discrimination. This number was lower than the
    annual average over the previous decade, but the apparent decline could
    have been the result of a new method of registering such offenses. The
    offenses were discrimination based on race (51 percent) and religion
    (anti-Semitism, 35 percent; and anti-Islam, 5 percent). Also in 2009
    officials prosecuted 194 offenses, brought 137 indictments, obtained
    135 convictions, and entered into 20 out-of-court settlements.
        In 2009 the MDI registered 577 instances of Internet discrimination
    that it asserted were punishable, a significant decrease from 2008.
    Half of these instances were anti-Semitic. Those responsible removed
    most (86 percent) of offending sites voluntarily when the MDI asked
    them to do so. The MDI reported six cases to the prosecutor's office;
    cases brought before a court produced several convictions.
        Most defamation cases filed in criminal courts concerned racial
    defamation. Civil lawsuits often alleged discrimination against persons
    who were not ethnically Dutch in the supply of such services as cell
    phones and access to clubs. The CGB focused on discrimination in the
    labor market, including discrimination in the workplace, unequal pay,
    termination of labor contracts, and preferential treatment of
    ethnically Dutch employees.

        Societal Abuses, Discrimination, and Acts of Violence Based on
    Sexual Orientation and Gender Identity.--In the Netherlands, there are
    no government impediments to the organization of gay events. The gay
    rights organization COC called for government policies to increase
    societal acceptance of homosexuality, for example, through mandatory
    information at schools on homosexuality and the transgender community.
    There were several gay pride marches during the year. During the year
    the Justice Ministry reported a rise in harassment due to homosexual
    activity. Most incidents consisted of verbal epithets and abuse. Police
    placed a high priority on combating antigay violence.
        Caribbean society remained much less accepting of homosexuality and
    the transgender community; however, there were no known cases of abuse
    or violence against individuals in this community in Aruba or the
    former Netherlands Antilles during the year. There were no gay pride
    marches.

        Other Societal Violence or Discrimination.--There were no specific
    reports of societal violence against persons with HIV/AIDS. However,
    the Government sponsored a national campaign against societal
    stigmatization of persons with HIV/AIDS.
    Section 7. Worker Rights

        a. The Right of Association.--The law allows workers to form or
    join independent unions of their own choosing without prior government
    authorization or excessive requirements, and workers exercised this
    right in practice. Approximately 25 percent of the legally employed
    workers were unionized. The law allows unions to conduct their
    activities without interference, and the Government protected this
    right in practice. The right to strike is based on the European Social
    Charter, and workers exercised this right by conducting legal strikes.
    Requirements for conducting a legal strike were not excessively lengthy
    or cumbersome. Regulations prohibit retaliation against legal strikers.
    Public-sector workers generally have the right to strike, but a
    magistrate may forbid a strike that threatens the public welfare or
    safety. For example, magistrates have often prohibited police actions
    because of the essential services police perform.

        b. The Right to Organize and Bargain Collectively.--The law
    provides for the right to organize, and specific laws provide for the
    right to collective bargaining; workers exercised these rights in
    practice. According to the Christian Trade Union Federation, collective
    bargaining agreements covered approximately 85 percent of the
    workforce.
        The law prohibits antiunion discrimination.
        There were no special laws or exemptions from regular labor laws in
    export processing zones.

        c. Prohibition of Forced or Compulsory Labor.--The law prohibits
    forced or compulsory labor; however, there were reports that such
    practices occurred. See the Department of State's annual Trafficking in
    Persons Report at www.state.gov/g/tip
        According to the national rapporteur for trafficking in persons,
    the highest risk sectors for labor exploitation included domestic
    employment, temporary employment agencies, agriculture and
    horticulture, restaurants, hotels, and construction. In 2009 the Labor
    Inspectorate conducted approximately 11,000 inspections at many of
    these high-risk workplaces.

        d. Prohibition of Child Labor and Minimum Age for Employment.--The
    Government effectively enforced laws and policies to protect children
    from exploitation in the workplace; however, children were trafficked
    for commercial sexual exploitation. See the Department of State's
    annual Trafficking in Persons Report at www.state.gov/g/tip
        The minimum age for employment is 16 years. Special rules apply to
    schoolchildren 16 and 17 years of age. For example, the law prohibits
    persons under the age of 18 from working overtime, at night, or in
    activities dangerous to their physical or mental well-being. A
    tripartite labor commission composed of representatives from the
    Government, enterprises, and unions monitored hiring practices and
    conducted inspections. The commission enforced the laws effectively.
        Holiday work and after-school employment are subject to very strict
    rules set by law. The Ministry of Labor's inspection office, which is
    responsible for enforcement, found that during the year 70 percent of
    companies employing holiday workers and children younger than 18
    complied with regulations.

        e. Acceptable Conditions of Work.--In the Netherlands, the minimum
    wage for adults is 1,416 euros ($1,883) per month, which provides an
    adequate standard of living for a worker and family. The Labor Ministry
    establishes the minimum wage. The minimum wage in Curacao and St.
    Maarten was 7.30 Netherlands Antillean Guilders ($4.10) per hour.
        Dutch law establishes a 40-hour workweek. The average workweek in
    the Netherlands was 38.7 hours for full-time workers and 20 hours for
    part-time workers. Persons who work more than five hours per day are
    entitled to a 30-minute rest period. Overtime is regulated. The Labor
    Inspectorate effectively enforced the labor laws.
        A tripartite labor commission actively monitored and effectively
    enforced working conditions, including comprehensive occupational
    safety and health standards set by law. The Ministry of Labor and
    Social Affairs also monitored standards. Workers could remove
    themselves from dangerous working conditions without jeopardizing their
    continued employment, and they exercised this right in practice.
        Workers in the significant underground economy enjoyed neither the
    minimum wage nor any of the other legal, administrative, or safety
    protections available to other workers.

                                   __________

                                     NORWAY

        Norway is a parliamentary democracy and constitutional monarchy.
    The population is approximately 4.9 million. The country is governed by
    a prime minister, a cabinet, and a 169-seat parliament (Storting) that
    is elected every four years and cannot be dissolved. Free and fair
    elections to the multiparty parliament were held in September 2009.
    Security forces reported to civilian authorities.
        During the year extensive use of holding cells, violence against
    women, and trafficking of men, women, and children were continuing
    problems.
                            respect for human rights
    Section 1. Respect for the Integrity of the Person, Including Freedom
            From:

        a. Arbitrary or Unlawful Deprivation of Life.--There were no
    reports that the Government or its agents committed arbitrary or
    unlawful killings.

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

        c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
    Punishment.--The constitution and law prohibit such practices, and
    there were no reports that government officials employed them.

        Prison and Detention Center Conditions.--Prison conditions mostly
    met international standards, and the Government permitted visits by
    independent human rights observers; however, there were reports of
    juveniles being held with adults in holding cells and prison. In
    November the bar association reported that nearly half of all those
    arrested during the year were kept in holding cells for longer than 48
    hours. In September 2009, the latest date for which government figures
    were available, police disclosed that due to long waiting lists for
    prison cells and geographical factors, they had detained approximately
    1,500 arrestees during the year in temporary holding cells for longer
    than the 48 hours allowed by law. Police holding cells were austere and
    designed for short stays and a transient inmate population. During the
    year Oslo police reportedly expressed alarm over what they described as
    some suicidal detainees in holding cells. Media reported that on March
    30, a 48-year-old male committed suicide in police custody in Hamar
    after having spent nearly five days in a holding cell. The Bureau for
    the Investigation of Police Affairs reportedly concluded in December
    that the case involved serious misconduct in the use of police arrest
    and that police significantly exceeded the deadline for a pretrial
    detention hearing. Authorities fined the Hedmark Police District 50,000
    kroner ($8,400); a final decision on possible additional penalties was
    pending in anticipation of further depositions. Trandum, the country's
    only detention center dedicated solely to foreign nationals awaiting
    deportation, was understaffed, but the problem was rectified during the
    year according to the parliamentary ombudsman's office (see section
    2.d.).
        On December 31, there were 3,433 prisoners in the country. There
    were fewer inmates at the end of the year, because some prisoners were
    released early for Christmas and others had not been called in to start
    their sentences. During the latter half of the year, after the
    country's total prison capacity increased from 3,500 to 3,826, the
    prison population was usually between 3,700 and 3,800. A total of 1,173
    women and 62 juveniles were imprisoned during the year; on average,
    there were 108 women and 10 juveniles in prison in the country at any
    given time during the year. The country has three separate prisons for
    women: Bredtveit (64 places), Sandefjord (14) and Ravneberget (53). In
    addition, seven other prisons have women's departments with a total of
    57 places. A number of other prisons in the country can accommodate
    women as needed.
        Other than Trandum detention center, the country has no separate
    detention facilities apart from police station holding cells.
    Nationwide there are 45 prisons, most of which contain separate cells
    for pretrial detainees. According to government officials, the Trandum
    detention center can house150 alien detainees, but usually holds no
    more than 70. In March the Norwegian Labor Inspection Authority (NLIA)
    placed a cap of 45 detainees in Trandum due to concerns about
    employees' safety due to understaffing. According to the Police
    Officers' Union, the decision required the moving of 20 detainees; of
    these, almost half were ordered deported, and the rest were released
    after specific assessment of the status and progress in their cases. To
    assess the need for concrete measures to address capacity problems, the
    Government introduced an improved tool for recording statistics on the
    use of police custody.
        The Government also initiated measures to provide individually
    adapted follow-up of young offenders, including projects based on the
    principles of restorative justice. To avoid juveniles' serving their
    sentences with adults or in total isolation, the Government established
    two separate prison units for young offenders. The Government also
    supported alternatives to prison, such as serving a sentence in a child
    welfare institution or through other means developed on a case-by-case
    basis by mediation boards. Authorities also escalated the frequency of
    community service sentences for juveniles.
        The prison system was considered transparent; prisoners were
    represented by an ombudsman who could visit at a prisoner's request or
    at the ombudsman's own initiative. The ombudsman does not act on behalf
    of prisoners and detainees to consider such matters as alternatives to
    incarceration for nonviolent offenders to alleviate overcrowding; only
    the courts handle sentencing. The ombudsman may conduct investigations,
    however, and may express a legal, nonbinding opinion on whether public
    authorities have erred or committed any injustice. The ombudsman also
    may serve on behalf of prisoners and detainees concerning the status
    and circumstances of confinement of juvenile offenders but received few
    complaints on this issue. The ombudsman reportedly received no reports
    of prisoners serving beyond the maximum sentence for the charged
    offense. The Government permitted monitoring visits by independent
    human rights groups, the media, and the International Committee of the
    Red Cross; however, no such visits took place during the year.
    Authorities permitted prisoners and detainees to submit complaints to
    judicial authorities without censorship and to request investigation of
    credible allegations of inhumane conditions; there were no such
    complaints or allegations during the year.
        Representatives from the national Police Directorate, the relevant
    state prosecutor's office, and the ombudsman's office carried out
    inspection visits to ensure prisons and detention facilities were
    equipped and operated in accordance with all relevant regulations,
    particularly concerning the prisoner's health conditions. Each police
    district had its own mechanism or entity for informing prisoners of
    their rights. Prisoners and detainees had reasonable access to visitors
    and were permitted religious observance.
        To help reduce the waiting list for the country's prisons, in 2008
    the Government began a two-year pilot project testing electronic
    monitoring as an alternative to imprisonment for offenders sentenced to
    less than four months in prison or those with fewer than four months
    left of a longer sentence for a nonviolent crime. Juvenile offenders
    and ``first-time'' offenders were a priority target group. The
    electronically monitored offenders had to participate in a motivational
    and crime prevention program and other activities individually matched
    to each offender's rehabilitation needs. The stated goal was to
    maintain and advance offenders' social and economic capabilities and to
    prevent recidivism. By February 2009, the latest date for which figures
    were available, authorities had tagged 192 offenders, only eight of
    whom were returned to prison due to misconduct. On average,
    approximately 70 offenders were under electronic monitoring at any
    given time during the year.

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

        Role of the Police and Security Apparatus.--The national police
    have primary responsibility for internal security; the police may call
    on the armed forces for assistance in crises. In such circumstances the
    armed forces are under police authority. The Ministry of Justice and
    Police oversees the police force.
        Civilian authorities maintained effective control over the national
    police, and the Government has effective mechanisms to investigate and
    punish abuse and corruption. There were no reports of impunity
    involving the security forces during the year.
        The Organization against Public Discrimination (OMOD) and the
    Norwegian Center against Racism received some complaints that public
    security officials used discriminatory racial profiling techniques to
    stop and search members of ethnic minorities. Evidence of racial
    profiling was anecdotal because police did not keep records of stop and
    search activities.
        During the year the Government continued to support measures to
    improve the level of trust between police and adolescents from ethnic
    minorities. The Ministry of Justice and Police, the Police Directorate,
    and local police districts had regular dialogues with minority and
    immigrant organizations. A continuing project in several police
    districts focused on policing in a multiethnic environment, the results
    of which may be used as a basis for further police training.

        Arrest Procedures and Treatment While in Detention.--The law
    requires warrants authorized by a prosecutor for arrests except when
    the perpetrator is caught in the act of committing a crime, and police
    usually arrested a person based on a warrant. Police are required to
    file a justification to hold detained persons in custody within four
    hours of their arrest and must inform detainees of the charges against
    them within three days. Authorities must arraign an arrested suspect
    within 24 hours (not including Saturday and Sunday), at which time the
    arraigning judge determines whether the accused should be held in
    custody or released pending trial. There is no bail system. Nonresident
    foreigners were not released pending trial. Defendants accused of minor
    crimes were routinely released pending trial. Defendants accused of
    serious or violent crimes usually remained in custody until trial.
    Arrested persons were allowed access to a lawyer of their choosing
    before interrogation or, if they could not afford one, to an attorney
    appointed by the Government. Authorities usually allowed arrested
    persons access to family members. The law mandates that detainees be
    transferred from a temporary police-holding cell to a regular prison
    cell within 48 hours.
        The law permits detention of aliens to establish identity or to
    effect their removal from the country, if it is most likely they will
    evade an order to leave. The Police Officers' Union expressed concern
    about conditions at the Trandum Detention Center for foreign nationals,
    which the Police Immigration Unit (PUI) administered. According to the
    Police Officers' Union, authorities released ten detainees from Trandum
    in March due to ``intolerable conditions'' stemming from a ratio of 16
    detainees to one employee. During the year understaffing at the center
    led detainees to set fires and nearly to riot. The employee protection
    ombudsman shut down the center for a few days in April, partly due to
    concerns over air quality following a fire. The NLIA determined the
    conditions were good enough to reopen shortly thereafter. As of
    November the parliamentary ombudsman's office reported that the PUI
    hired additional staff for Trandum and rectified the problems.

        e. Denial of Fair Public Trial.--The constitution and law provide
    for an independent judiciary, and the Government generally respected
    judicial independence in practice.

        Trial Procedures.--Defendants enjoy a presumption of innocence.
    Trials are public. In criminal cases involving a maximum prison
    sentence of at least six years, a court of appeal sits with a jury of
    10 civilian members; there is no right to a jury trial in other
    instances. Defendants have the right to be present at their trial, to
    have counsel, at public expense if necessary, to confront and question
    witnesses, to present evidence and witnesses, and to appeal. Defendants
    and their attorneys have access to government-held evidence relevant to
    their cases. The law extends these rights to all citizens.
        The constitution and law provide for the right to a fair trial, and
    an independent judiciary generally enforced this right.

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

        Regional Human Rights Court Decisions.--There are no barriers to
    access to the European Court of Human Rights (ECHR) by citizens. During
    the year through October, the ECHR found for the Government in its two
    cases involving the country. In 2009 the ECHR issued one judgment
    against the state which found the country had violated the right to
    respect for private and family life as provided under the European
    Convention on Human Rights. The Government complied with the ECHR
    judgment by paying the damages assessed.

        Civil Judicial Procedures and Remedies.--There is an independent
    and impartial judiciary in civil matters that can adjudicate cases
    involving human rights violations.

        f. Arbitrary Interference With Privacy, Family, Home, or
    Correspondence.--The constitution and law prohibit such actions, and
    the Government generally respected these prohibitions in practice.
    Section 2. Respect for Civil Liberties, Including:

        a. Freedom of Speech and Press.--The constitution and law provide
    for freedom of speech and of the press, and the Government generally
    respected these rights in practice. An independent press, an effective
    judiciary, and a functioning democratic political system combined to
    ensure freedom of speech and of the press.
        The law prohibits ``discriminatory or hateful expressions,''
    defined as ``threatening or insulting anyone, or inciting hatred or
    persecution of or contempt for anyone because of his or her: a) skin
    color or national or ethnic origin, b) religion or life stance, or c)
    homosexuality, lifestyle, or orientation.'' Violators are subject to a
    fine or imprisonment not to exceed three years. There were no reported
    charges or convictions for violating the hate speech law 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 or attempted to collect personally identifiable
    information. Individuals and groups could engage in the peaceful
    expression of views via the Internet, including by e-mail. As of the
    second quarter of the year, according to Statistics Norway,
    approximately 90 percent of households had Internet access, and
    81percent of the population used the Internet daily.

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

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

        c. Freedom of Religion.--For a complete description of religious
    freedom, see the 2010 International Religious Freedom Report at
    www.state.gov/g/drl//irf/rpt

        d. Freedom of Movement, Internally Displaced Persons, Protection of
    Refugees, and Stateless Persons.--The law provides for freedom of
    movement within the country, foreign travel, emigration, and
    repatriation, and the Government generally respected these rights in
    practice. The Government cooperated with the Office of the UN High
    Commissioner for Refugees (UNHCR) and other humanitarian organizations
    in providing protection and assistance to refugees, asylum seekers,
    stateless persons, and other persons of concern.
        The law prohibits forced exile, and the Government did not employ
    it.

        Protection of Refugees.--The law provides for the granting of
    asylum or refugee status, and the Government established a system for
    providing protection to refugees.
        The country is party to the Dublin II regulation, which allows the
    Government to return refugees and asylum seekers to the first country
    they entered that is also a party to the regulation. As of October the
    country returned 255 refugees and asylum seekers to Greece, which is a
    Dublin II regulation country, only on a case-by-case basis. Following a
    written request by the ECHR in October, the Immigration Appeals Board
    issued a press release, stating that it would suspend the deportation
    of asylum seekers to Greece under the Dublin II regulation until the
    ECHR ruled on the issue in a pending case involving another European
    country.
        In practice the Government provided protection against the
    expulsion or return of refugees to countries where their lives or
    freedom would be threatened on account of their race, religion,
    nationality, membership in a particular social group, or political
    opinion. The Government granted refugee status or asylum and accepted
    refugees for resettlement. NGOs expressed concern, however, regarding
    the Government's increasing tendency to return persons to areas the
    UNHCR deemed unsafe, against UNHCR advice. The media reported that, as
    of the second quarter of the year, authorities had returned 207
    refugees to Greece, Iraq, Somalia, Afghanistan, and Sri Lanka,
    reportedly against UNHCR advice. The Government responded that it met
    regularly with the UNHCR and followed most guidelines, but it reviewed
    each case individually and, following careful research, in some
    instances did not follow UNHCR advice.
        According to the Norwegian Directorate for Immigration (UDI), the
    Government also provided temporary protection to individuals who might
    not qualify as refugees and provided it to 2,060 persons.
        As a general rule asylum seekers in the country were not taken into
    custody pending assessment of their applications or following final
    rejection; they were admitted to open reception centers located across
    the country, where they had freedom of movement. There were 132 such
    reception centers, 17 of which were reserved for unaccompanied minors.
    As of November the reception centers housed approximately 17,000
    persons, including those who received a final rejection, and had a
    total capacity of 19,000 persons.
        The Government provided legal guardians to unaccompanied minor
    asylum seekers. NGOs reported great variation in the recruitment and
    training of legal guardians, resulting in arbitrary differences in
    representation. Child Welfare Services took over legal care for
    unaccompanied minor asylum seekers under 15 years of age, including the
    responsibility to find legal guardians. Due to logistical difficulties
    following a steep rise in the number of unaccompanied minors arriving
    in the country in recent years (from 403 in 2007 to 1,647 by the end of
    September 2009), immigration authorities remained responsible for older
    children (ages 15-18). According to the ombudsman for children, this
    division of responsibility resulted in unequal treatment, as the Child
    Welfare Service was better equipped to provide follow-up services and
    find competent guardians. The Government responded that the 15-18 year
    olds were accommodated in reception centers particularly adjusted for
    this group, and that their living conditions had improved in the last
    two years, both with regard to care and availability of leisure
    activities.
        Unaccompanied minor asylum seekers who are at least 15+ years of
    age at the time of arrival were given a temporary residence permit. The
    permit expires when they reach 18 years of age, at which time they must
    return to their country of origin. As of October authorities gave a
    temporary permit to 38 unaccompanied minors, mostly from Afghanistan
    (15), Iraq (six), and Ethiopia (three). Some NGOs and local government
    leaders objected to the practice, expressing concern about its possible
    psychological impact on children from war-torn countries.
        In early July rejected asylum seekers rioted and set fires at the
    Lier and Fagerli asylum transit centers outside of Oslo. The centers,
    which burned to the ground during the unrest, had provided housing and
    food for 250 foreign nationals whose applications for asylum had been
    rejected and who were expected to leave the country voluntarily or by
    compulsion if necessary. The Norwegian Center against Racism maintained
    that the incidents should not have been a surprise; prior to the
    incidents, residents had expressed dissatisfaction with the centers'
    conditions and anguish over their own status. Following the fires, the
    Government decided not to rebuild the two transit centers and instead
    to establish ``return'' centers. The new centers would focus on
    reducing waiting time to a minimum and on preparing the center
    residents for return to their home countries or countries of first
    asylum.
        In late July six Palestinian asylum seekers at a reception center
    in Svolvaer and one Palestinian at a center in Finnmark, both above the
    Arctic Circle, began a hunger strike in protest over the length of time
    authorities were taking to process their asylum applications. The
    spokesman for the Svolvaer group told the media he had been waiting 18
    months for the UDI to process his application. The Police Immigration
    Unit escorted the Finnmark hunger striker to Oslo, en route to his
    country of first asylum, reportedly based on a decision made before his
    strike began.

        Stateless Persons.--According to UNHCR statistics, there were 2,860
    stateless persons in the country as of the end of 2009. Citizenship is
    derived from one's parents; children born in the country do not
    automatically become citizens. According to government authorities, 95
    percent of stateless persons in the country were of Palestinian origin.
    Others are mostly from the Baltic countries, where there are unresolved
    nationality issues for some residents. The law authorizes revocation of
    Norwegian citizenship granted on the basis of false identity
    information. Since the law requires applicants for Norwegian
    citizenship to renounce their original citizenship, revoking Norwegian
    citizenship can result in statelessness if the person's original
    citizenship is not reinstated. The Government effectively implemented
    laws and policies to provide stateless persons the opportunity to gain
    nationality on a nondiscriminatory basis.
    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 September 2009 the
    country held parliamentary elections that were considered free and
    fair. The elections resulted in a second term for a coalition
    government of the Labor, Socialist Left, and Center parties.
        Political parties operated without restriction or outside
    interference.
        Following the September 2009 elections, there were 67 women in the
    169-seat parliament (nearly 40 percent). There were nine women among
    the 19 Supreme Court justices, and women headed half of the 20
    government ministries. Women led five of the seven political parties
    represented in parliament. There was one member of parliament from a
    minority group and one alternate member, both Pakistani-Norwegians.
    There were no minority ministers or Supreme Court justices. Most major
    political parties in the country voluntarily apply a gender quota
    system for purposes of nominations and the composition of party-
    governing bodies at all levels.
    Section 4. Official Corruption and Government Transparency
        The law provides criminal penalties for official corruption, and
    the Government generally implemented these laws effectively. There were
    no confirmed reports of government or police corruption during the
    year.
        Public officials are subject to financial disclosure laws. The
    Ministry of Justice and Police and the Ministry of Finance are
    responsible for combating corruption.
        The law provides for public access to government information, and
    the Government provided access in practice to both citizens and
    noncitizens, including foreign media.
    Section 5. Governmental Attitude Regarding International and
            Nongovernmental Investigation of Alleged Violations of Human
            Rights
        A number of domestic and international human rights groups
    generally operated without government restriction, investigating and
    publishing their findings on human rights cases. Government officials
    often were cooperative and responsive to their views.
        The country has parliamentary ombudsmen for public administration,
    for children, and for equality and antidiscrimination. All of the
    ombudsmen enjoyed the Government's cooperation and operated without
    government interference. The ombudsmen hear complaints on actions by
    government officials, but their offices did not issue any reports
    specifically on human rights problems. Although the ombudsmen's
    recommendations are not legally binding, in practice government
    authorities usually complied with those from the ombudsmen for children
    and public administration.
        Parliament's Standing Committee on Scrutiny and Constitutional
    Affairs reviews the reports of the parliamentary ombudsmen. Its
    Standing Committee on Justice is responsible for matters relating to
    the judicial system, police, the penal code, and the civil and criminal
    code.
        In August the Equality and Antidiscrimination Tribunal confirmed
    the assessment of the Ombudsman for Equality and Antidiscrimination
    (LDO) that the banning of religious headscarves (hijabs) in police
    uniform regulations was discriminatory. The minister of justice and the
    Police Officers' Union responded that the decision to forbid hijabs
    would stand based on a thorough political and judicial evaluation of
    the regulations concerning police uniforms. The Government's decision
    led some commentators and NGOs to question the LDO's purpose.
    Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
        The law prohibits discrimination based on race, gender, disability,
    language, or social status, and the Government generally enforced this
    prohibition in practice, although racial profiling, violence against
    women, and trafficking in persons were problems.

        Women.--The law criminalizes rape, including spousal rape, and the
    Government generally enforced the law. According to police, 1,126 rapes
    and attempted rapes were reported during 2009 and 489 rapes and
    attempted rapes reported through the second quarter of the year, the
    latest date for which figures were available.
        The penalty for rape is generally one to 10 years in prison,
    depending on the severity of the assault, the age of the victim, and
    the circumstances under which the crime occurred. Very few cases,
    however, resulted in a maximum sentence. During the year 84 percent of
    rape cases reported to police never reached the courts; authorities
    believe this was usually due to the victim's reluctance to press
    charges, while Amnesty International believed systemic inadequacies
    were largely to blame. Approximately 36 percent of rape trials during
    the year ended in acquittal.
        In 2008 a government-appointed public committee concluded that a
    structural failure in the police to prioritize rape cases led to the
    low percentage of cases prosecuted and offenders convicted. As of the
    third quarter of the year, the Government had not implemented many of
    the recommendations in the report, including the suggestion that police
    set up an independent sexual violence unit.
        Violence against women, including spousal abuse, was a problem. The
    law provides higher penalties for domestic violence than for simple
    assault, generally one to three years in prison, with an increased term
    of up to six years in more severe cases. The Government generally
    enforced the law in practice. In 2009, the latest period for which data
    were available, 2,144 cases of domestic violence were registered, a 47
    percent increase over 2008.
        The Government generally and police agencies in particular had
    programs to prevent rape and domestic violence and to counsel victims.
    Each of the country's 27 police districts had a domestic violence
    coordinator to assist victims. Public and private organizations
    operated 50 government-funded shelters and managed five 24-hour crisis
    hotlines. The shelters provided support and counseling for victims and
    helped them gain access to social services, doctors, lawyers, and
    housing authorities. Victims of domestic violence have a right to
    consult a lawyer free of charge before deciding whether to make a
    formal complaint. If criminal proceedings are instituted, the victim is
    entitled to free assistance from a victim's advocate. This also applies
    to children who have been subjected to violence, sexual abuse, or
    genital mutilation.
        The law provides that ``employees shall not be subjected to
    harassment or other unseemly behavior,'' and the Government effectively
    enforced this provision. Employers who violate this law are subject to
    fines or prison sentences of up to two years, depending on the
    seriousness of the offense.
        Couples and individuals have the right to decide freely and
    responsibly the number, spacing, and timing of their children, and to
    have the information and means to do so free from discrimination,
    coercion, and violence. There was easy access to contraception, and 88
    percent of women used some form of contraception according to 2008 data
    from the UN Population Fund (UNFPA). There was skilled attendance
    during childbirth and essential prenatal and postpartum care; in 2008
    the UNFPA, the World Health Organization (WHO), and the UN Children's
    Fund estimated the maternal mortality rate to be seven per 100,000
    births. Women were diagnosed and treated for sexually transmitted
    infections, including HIV, equally with men.
        Women have the same legal status as men and enjoy identical rights
    under family and property laws and in the judicial system. The LDO was
    generally effective in processing and investigating complaints of
    gender discrimination. In 2009 the office received 65 complaints and
    addressed 510 information requests related to alleged sexual
    discrimination. Of the 65 complaints, 21 were processed by year's end.
    The LDO issued an official statement in ten of the cases, finding an
    illegal practice in eight. As of September, the latest date for which
    figures were available, the LDO had received 287 information requests
    and 36 complaints, eight of which resulted in a finding of illegal
    gender discrimination.
        The law provides that women and men engaged in the same activity
    shall receive equal wages for work of equal value. According to
    Statistics Norway, women received largely the same pay and benefits as
    men for equal work but earned on average 85 percent of what men earned
    per month. The Government attributed this to differences in the
    professions chosen and the predominance of women in part-time or public
    sector work.
        The law mandates that 40 percent of the boards of directors of
    publicly listed companies be women; virtually all public companies
    complied with the law.

        Children.--Citizenship is derived from one's parents; children born
    in the country do not automatically become citizens. All birth clinics
    in the country reported childbirths to a central birth register, which
    included names, birth certificates, and social security numbers,
    including those of the parents.
        In 2009 childcare services initiated 30,100 investigations of
    alleged abuse, 8.2 percent more than in the previous year and a record
    high. Childcare services completed 29,900 investigations in 2009 and
    offered intervention or services in approximately half the cases. An
    independent children's ombudsman office within the Ministry of
    Children, Equality and Social Inclusion (MCESI) is responsible for the
    protection of children under the law. The directorate for children,
    youth, and family affairs provides assistance and support services.
    With five regional offices and 26 professional teams, the directorate
    is the Government's principal agency for the welfare and protection of
    children and families.
        Female genital mutilation (FGM) is illegal. Since 2004 police have
    received 15 reports of FGM involving families originally from countries
    where the practice is customary. Of these, one report was still under
    police investigation, while the others were dropped. None of the cases
    involved FGM performed in the country.
        In what officials described as an effort to prevent FGM, the
    national government initiated a pilot project in 2008 that offered
    counseling and voluntary genital examination to all girls and women who
    came from areas where, according to the WHO, the incidence of female
    genital mutilation was 30 percent or more. According to the Government,
    the offer was part of the municipal health examination which qualified
    doctors carried out. Counseling and genital examination were offered to
    all relevant groups of girls (immigrants and those born in the country
    of immigrant parents) before starting school (five to six years old),
    in the fifth grade (10-11 years old), and 10th grade (15-16 years old).
    The genital examination would only be carried out with valid consent of
    the patient, parent, or guardian in compliance with the law. There were
    unconfirmed reports that some parents were told that, if they did not
    acquiesce to the exam or counseling, they might be referred to the
    Department of Child Protective Services. OMOD expressed privacy
    concerns on behalf of the targeted girls and reported that parents of
    African ancestry felt stigmatized by the project.
        Forced marriage and aiding and abetting a forced marriage are
    punishable under the law. In the first half of the year, authorities
    were advised of 49 forced marriages, a 50 percent increase from 2009.
    As of July an NGO hotline also received 71 calls for help in averting
    or annulling a forced marriage. During the year the Directorate for
    Integration and Diversity assumed responsibility for managing emergency
    housing for children fleeing a forced marriage. Two NGOs that
    previously managed emergency housing reported that during the year
    children fleeing a forced marriage often ended up in shelters for drug
    addicts due to slow case processing.
        An estimated 10,000 to 18,000 persons were illegally resident in
    the country, including an unknown number of children. Children have the
    right to basic health services regardless of their residence status and
    are entitled to primary and lower secondary education. NGOs expressed
    concern that many children without legal residence are not receiving
    health services or attending school because they and their families
    live in hiding to avoid expulsion. Juss Buss, a student legal aid
    organization, reported that case workers at the Labor and Welfare
    Administration were unaware illegal residents were entitled to these
    rights, leading them to reject some illegal residents' requests for
    emergency assistance.
        The country is a party to the 1980 Hague Convention on the Civil
    Aspects of International Child Abduction. For information on
    international parental child abduction, please see the Department of
    State's annual report on compliance at http://travel.state.gov/
    abduction/resources/congressreport/congressreport--4308.html as well as
    country-specific information at http://travel.state.gov/abduction/
    country/country--3781.html.

        Anti-Semitism.--The Jewish population is relatively small,
    consisting of approximately 1,100 persons.
        In March a state-owned broadcasting company televised a news
    feature, highlighting anecdotal reports of bullying against Jewish
    students, particularly by Muslim youth. Four teachers interviewed
    anonymously on the news program stated that anti-Semitism had become
    acceptable among some students, with some denying the Holocaust openly
    in the classroom and claiming Jews were responsible for the 9/11
    attacks.
        Shortly after the newscast, Oslo's governing mayor invited
    representatives from the Jewish community, the Islamic Council, the
    Christian Council, the Center for Studies of Holocaust and Religious
    Minorities (Holocaust Center), and Oslo's Department of Cultural
    Affairs and Education to discuss how to eradicate harassment of
    religious minorities. The city's stated goal was to determine the scope
    of the problem and to introduce targeted measures. In May the Ministry
    of Education inaugurated a working group to analyze ways to counter
    racism and anti-Semitism in the country's primary and secondary
    schools. The Holocaust Center in Oslo was the secretariat for the
    group.
        NGO representatives and leaders of the Jewish and Muslim
    communities applauded the Government's prompt response to the problem
    identified in the March news program. Some expressed concern, however,
    that the news feature identified Muslim youth as the main instigators,
    noting that the problem was more nuanced. The concern led to a debate
    regarding the existence of anti-Semitism and the line between criticism
    of Israeli policy and anti-Semitism.
        In October one of the country's leading newspapers published on its
    front page a painting by a prominent Norwegian artist, under the
    headline ``This painting did not get to be hung.'' The painting, which
    portrayed a blood-spattered Israeli flag and faceless soldiers over a
    pile of skulls and body parts, was one of two works removed a few days
    earlier by French authorities from the artist's traveling exhibit at
    the French Cultural Center in Damascus. The exhibit had been billed as
    an homage to the children of Gaza. In an editorial, the rabbi of the
    Oslo Jewish Community wrote that the painting crossed the line from
    legitimate anti-Israel criticism to anti-Semitism. The rabbi called on
    the Government to distance itself from the messages in the artwork,
    which he said could promote hatred and dehumanization of Jews. He also
    questioned the newspaper editors' decision to publish the painting,
    which he said steps on ``my symbols, my faith, and my cultural
    identity,'' without additional context from the Israeli Gaza war that
    would show the suffering of both sides in the conflict. The editors
    responded that their decision to publish the painting was not anti-
    Semitic but was a protest directed at the State of Israel.
        A survey conducted during the year in conjunction with the
    International Civic and Citizenship Education Study, concluded that the
    vast majority of ninth graders in the country had a high level of
    awareness about the Holocaust, Nazism, and racism. Ninety-one percent
    of the 14- and 15-year-olds surveyed knew that six million Jews were
    killed during the Holocaust, while 9 percent did not. The survey
    evidenced no discernible pattern of responses among particular ethnic
    or religious groups.
        The Government continued to support organizations working to combat
    racism, discrimination, and anti-Semitism, including organizations such
    as the White Buses foundation, which took students from the country to
    Auschwitz and other World War II-era concentration camps to educate
    them about the Holocaust. In March the country completed a one-year
    rotating chairmanship of the International Task Force for Holocaust
    Education, Remembrance, and Research.

        Trafficking in Persons.--For information on trafficking in persons,
    please see the Department of State's annual Trafficking in Persons
    Report at www.state.gov/g/tip.

        Persons With Disabilities.--The constitution and law prohibit
    discrimination against persons with disabilities in employment,
    education, access to health care, and the provision of other state
    services, and the Government effectively enforced these provisions. The
    law applies generally to all persons with disabilities without
    enumerating specific types of disabilities. It mandates access to
    public buildings, information, and communications for persons with
    disabilities, and the Government generally enforced this provision in
    practice. The MCESI and the State Council on Disability divide the
    responsibility to protect the rights of persons with disabilities. The
    State Council served as an advisory body for the MCESI, which
    coordinated national policy and managed the social benefits system for
    persons with disabilities. All educational institutions are required to
    have an appointed contact person for disabled students as well as a
    plan of action to include this group of students.

        National/Racial/Ethnic Minorities.--On January 3, a 63-year-old
    immigrant woman died of a heart attack after her family members made
    nine emergency calls to the ambulance service. The family subsequently
    sued, contending the operators refused to acknowledge the emergency
    call due to discrimination. The operators stated they perceived the
    caller's language as threatening and thus waited for police to arrive
    before entering the building. On September 14, the Bureau for the
    Investigation of Police Affairs acquitted the operators of gross
    misconduct and breach of the Health Personnel Act, but criticized two
    of the operators for their actions. The Board of Health Supervision had
    not concluded its investigation of the incident at year's end.
        In February the Center against Racism found what it perceived as
    evidence of ethnic discrimination following a test of five nightclubs
    in Oslo. According to the same NGO, groups of youths who did not appear
    to be ethnic Norwegian were rejected in three of five clubs, while
    groups of ethnic Norwegian youths in the same lines were admitted
    without question. The claim received media attention, and some of the
    youth involved started their own initiative to gather a larger sampling
    of information. In response, the minister of children, equality and
    social inclusion publicly condemned racism in nightclubs, and the LDO
    investigated the issue. In October the LDO concluded its investigation,
    finding six nightclubs in Oslo had engaged in ethnic discrimination and
    recommending the nightclubs lose their liquor license and improve
    training. The law provides for the withdrawal of a license to serve
    food and beverages for breach of the Antidiscrimination Act. There were
    no reports of licenses withdrawn during the year.
        Immigrants and their children sometimes had more difficulty finding
    employment than equally qualified ethnic Norwegians. There were also
    stark differences in the overall unemployment rate. As of May the
    unemployment rate among immigrants was 7.3 percent, compared with 2.2
    percent among nonimmigrants, according to government statistics.
    African immigrants had the highest unemployment rate at 13.5 percent,
    followed by immigrants from eastern EU countries at 9.3 percent and
    Asians at 8.2 percent.

        Indigenous People.--The Sami are Norway's indigenous people; there
    are approximately 50,000 Sami living in the northern part of the
    country. In addition to participating freely in the national political
    process, the country's Sami elect their own parliament, the Samediggi.
    The law establishing the Sami parliament stipulates that this 39-seat
    consultative group meet regularly to deal with ``all matters, which in
    [its] opinion are of special importance to the Sami people.''

        Societal Abuses, Discrimination, and Acts of Violence Based on
    Sexual Orientation and Gender Identity.--Gay pride marches were
    authorized and registered; police provided sufficient protection to
    marchers. On June 26, the main march of the year took place peacefully
    in Oslo through a neighborhood where gays and lesbians had previously
    been harassed.
        In August 2009 an unknown assailant attacked two gay men who were
    holding hands while walking in a majority Muslim neighborhood of Oslo.
    Police were unable to identify a suspect during the year.

        Other Societal Violence or Discrimination.--There were no media
    reports of societal violence against persons with HIV/AIDS. However, an
    NGO reported that persons with HIV/AIDS continued to face
    discrimination by some dentists and medical personnel but did not
    provide information on specific incidents. An NGO criticized as
    insufficiently funded the Government's five-year national HIV strategy
    to increase acceptance and knowledge of the disease, both to limit new
    infections and to provide persons living with HIV better opportunities
    for social inclusion.
    Section 7. Worker Rights

        a. The Right of Association.--The law allows workers to form and
    join independent unions of their choice without previous authorization
    or excessive requirements, and workers exercised these rights in
    practice. Approximately 53 percent of the workforce belonged to a
    union. The law allows unions to conduct their activities without
    government interference, and workers exercised this right in practice.
        The law provides for the right to strike, except for military
    forces and senior civil servants, and workers exercised this right in
    practice. However, with the approval of parliament, the Government may
    compel arbitration in all industrial sectors under certain
    circumstances, such as when a strike threatens the quality of health
    care or endangers public safety. The Government invoked compulsory
    arbitration during the year to end a two-week hospital strike.

        b. The Right to Organize and Bargain Collectively.--All workers,
    including government employees and military personnel, have the right
    to organize and to bargain collectively, and they exercised this right
    in practice. Approximately 50 percent of workers were covered by
    collective bargaining agreements.
        The law prohibits antiunion discrimination and there were no
    reports that it occurred during the year.

        c. Prohibition of Forced or Compulsory Labor.--The law prohibits
    forced or compulsory labor, including by children, and the Government
    enforced these provisions in practice. However, there were reports that
    persons were trafficked for labor. For further information, see the
    Department of State's annual Trafficking in Persons Report at
    www.state.gov/g/tip.

        d. Prohibition of Child Labor and Minimum Age for Employment.--
    There are laws to protect children from exploitation in the workplace,
    and the Government effectively enforced these laws; however, children
    were trafficked for forced labor. For further information, see the
    Department of State's annual Trafficking in Persons Report at
    www.state.gov/g/tip.
        Children 13 to 15 years of age may be employed up to 12 hours per
    week in light work that does not adversely affect their health,
    development, or schooling. Between the ages of 15 and 18, persons not
    in school may work up to 40 hours per week, while persons who remain in
    school may only work a number of hours that does not adversely affect
    their schooling, in fact substantially less than 40 hours. Minimum age
    rules were observed in practice and enforced by the NLIA.

        e. Acceptable Conditions of Work.--There is no legislated or
    specified minimum wage, although in practice there was a minimum wage
    in certain sectors. Wages are set in collective bargaining agreements
    negotiated by labor unions, employers, and the Government. The
    agreements may include minimum wage levels for specific sectors on a
    biennial basis. The average daily wage provided a decent standard of
    living for a worker and family.
        The law limits the normal workweek to 37.5 hours and provides for
    25 working days of paid leave per year (31 days for workers over age
    60). The law mandates a 28-hour rest period on weekends and holidays.
    The law provides for premium pay of 40 percent of salary for overtime
    and prohibits compulsory overtime in excess of 10 hours per week.
    Although the law provides the same benefits for citizens and foreign or
    migrant workers, there were reports, especially in the construction
    industry, of foreign workers being underpaid or overworked beyond
    legally permissible limits.
        The law provides for safe and physically acceptable working
    conditions for all employed persons. The NLIA, in consultation with
    nongovernment experts, set specific standards. Under the law,
    enterprises with 50 or more workers must establish environment
    committees composed of management, workers, and health personnel. All
    enterprises with 10 or more workers must have safety delegates, who are
    elected by the employees. Workers have the right to remove themselves
    from situations that endanger their health, but no data was available
    on whether they exercised this right in practice. The NLIA effectively
    monitored compliance with labor legislation and standards.

                                   __________

                                     POLAND

        Poland is a republic with a multiparty democracy and a population
    of approximately 38.5 million. The bicameral National Assembly consists
    of an upper house, the Senate (Senat), and a lower house (Sejm). The
    president, the prime minister, the Council of Ministers, and the Sejm
    share executive power. The July special presidential election and the
    2007 preterm National Assembly elections were considered free and fair.
    Both President Bronislaw Komorowski and Prime Minister Donald Tusk were
    members of the ruling Civic Platform party. The prime minister governed
    in a coalition with a smaller political party. Security forces reported
    to civilian authorities.
        Among the country's principal human rights problems were police
    misconduct; lengthy pretrial detention resulting from an inefficient
    judicial system; laws that restricted free speech, although rarely
    enforced; and corruption in the Government and society. Other problems
    were discrimination against women in the labor market; sexual
    exploitation of children; occasional nonviolent incidents of anti-
    Semitism; trafficking in persons; and societal discrimination and
    violence against ethnic minorities, gays, and lesbians. Violations of
    workers' rights and antiunion discrimination also occurred.
                            respect for human rights
    Section 1. Respect for the Integrity of the Person, Including Freedom
            From:

        a. Arbitrary or Unlawful Deprivation of Life.--The Government or
    its agents did not commit any politically motivated killings; however,
    police shot and killed two persons during the year.
        On May 23, police shot and killed a Nigerian market vendor during a
    routine document check. The vendor reportedly fled when police
    approached, causing them to pursue. After the police caught the man,
    bystanders formed a mob and attacked the police, at which time police
    fired a shot. According to police, they were unable to administer first
    aid to the victim because the mob was still attacking them. Prosecutors
    charged 26 persons with assaulting a police officer and resisting
    arrest. At year's end, the investigation into whether the police used
    excessive force or caused wrongful death was ongoing.
        On December 3, an off-duty police officer in Lodz shot a man, who
    died of his wounds two days later. According to press accounts, the
    officer and a colleague were returning home when two men with a dog
    attacked them. Press reports indicated that the police officer drew his
    gun to protect himself from the dog, which was attacking him with the
    owner's encouragement. During the struggle with the dog's owner, who
    tried to grab the weapon, the police officer fired the gun, wounding
    the man in the abdomen. Reports indicated that both the off-duty
    officers and their attackers may have been inebriated. Both prosecutors
    and the internal affairs authorities in the police force initiated
    investigations, which were ongoing at year's end.
        On February 5, the Warsaw District Court began a new trial of 12
    communist-era police officers found guilty in 2007 of firing on
    striking coal miners in 1981. Nine persons were killed and 25 others
    wounded in the incident at the Wujek coal mine.
        A trial begun in 2008 continued against eight communist-era
    officials who imposed martial law in 1981, including generals Wojciech
    Jaruzelski and Czeslaw Kiszczak. If convicted on charges of violating
    the constitution, abuse of power, and leading an organized criminal
    group, the defendants could face up to 10 years in prison.

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

        c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
    Punishment.--The constitution and law prohibit such practices, and the
    Government generally respected these provisions. There were problems,
    however, with police misconduct and abuse of prisoners. The criminal
    code lacks a clear, legal definition of torture, which is not reported
    as a separate crime.
        On November 12, an individual filed a complaint with the Warsaw
    prosecutor's office claiming police beat him during November 11
    Independence Day demonstrations and counterdemonstrations. A second
    person, who participated in counterdemonstrations, submitted a
    complaint alleging police brutality. Both individuals were among 33
    persons arrested by police during the demonstrations. Authorities filed
    charges against nine of the 33, including the two individuals who filed
    complaints alleging police brutality. Eight were charged with violating
    the physical inviolability of police officers and one with using
    violence or the threat of violence to prevent a police officer from
    performing his/her duties.
        On November 5, after a two-year investigation conducted by Gdansk
    district prosecutors, the regional court in Kwidzyn began a trial
    against six police officers and one civilian employee of the police
    station in Prabuty for using excessive force and failure to fulfill
    their duties by not reporting the actions of their colleagues. In
    November 2009 prosecutors filed charges for offenses that took place in
    2008, including beating and subsequently abandoning intoxicated persons
    in a forest, as well as beating two teenagers at a police station. If
    convicted, the officers could face three to five years' imprisonment.
    An internal investigation led to the dismissal of the regional police
    commander and deputy commander. The six officers were suspended from
    their official duties with half pay.
        In 2008 the country's human rights ombudsman issued a formal
    statement of concern to the chief of the national police about the
    excessive use of force by police, such as beatings that resulted in
    injuries and unauthorized arrest in some cases. The ombudsman requested
    information on a plan to address the problem; however, as of year's
    end, police had not responded.
        The law on police misconduct outlines disciplinary actions, which
    include reprimands, demotion in rank, and dismissal.
        On June 8, a revision of the criminal code took effect that allows
    forced chemical castration of convicted pedophiles. Under the law,
    courts are to decide whether the offender should undergo such treatment
    six months before their expected parole. In the case of the rape of a
    person less than 15 years of age or incest, chemical castration would
    be obligatory. There were no reports that judges administered this
    punishment during the year.

        Prison and Detention Center Conditions.--Prison and detention
    center conditions generally met international standards; however,
    prison medical staff vacancies and access to specialized treatment
    continued to be a problem. The Government permitted monitoring visits
    by independent human rights observers.
        At year's end there were 80,734 persons in prisons and detention
    facilities, according to government statistics. The capacity of these
    facilities declined by approximately 2,900 during the year. Occupancy
    was approximately 95 percent of capacity.
        As of October 31, approximately 2,656 prisoners (3 percent of the
    prison population) were women. Women prisoners were held either in
    dedicated detention facilities or in separate parts of joint
    facilities. While authorities generally separated juveniles from
    adults, in exceptional cases the law allows them to share housing in
    prisons and detention centers. Authorities usually sent juveniles (17-
    to 21-year-olds) accused of serious crimes to pretrial detention.
        Pretrial detainees were often held in prisons pending trial but in
    separate areas from convicts. Conditions for pretrial detainees were
    generally similar to those for prisoners but, on occasion, were worse
    due to overcrowding and poorer facilities resulting from court-mandated
    restrictions on where a prisoner should be located while awaiting
    trial.
        Under the country's criminal code, the minimum cell size is three
    square meters (32 square feet) per person, but prisoners may occupy
    smaller cells for a limited time. At year's end, 49 detainees were in
    cells smaller than the legally mandated minimum, according to
    government statistics.
        In December 2009 a new criminal code provision took effect that
    provides mechanisms designed to prevent prison overcrowding, including
    deferring sentences if the total number of prisoners would exceed
    prison capacity. In an effort to meet occupancy requirements, prison
    officials converted many common areas, such as activity rooms and
    libraries, into cells.
        Prisoners and detainees had reasonable access to visitors and could
    participate in religious observance. Authorities permitted prisoners
    and detainees to submit complaints to judicial authorities without
    censorship and to request investigation of credible allegations of
    inhumane conditions. Prisoners exercised this right either directly
    with prison officials and the Justice Ministry or indirectly through
    local nongovernmental organizations or the human rights ombudsman.
        During the year the human rights ombudsman received 7,233
    complaints, compared with 7,158 in 2009, mainly regarding abuse by
    prison authorities, inadequate living conditions, inadequate medical
    care, and violations of mail and visiting rights.
        Authorities investigated credible allegations of inhumane
    conditions and documented the results of such investigations in a
    publicly accessible manner. At the request of the Justice Ministry, the
    human rights ombudsman administers the National Preventive Mechanism to
    investigate and monitor prison and detention center conditions. The
    office of the ombudsman publishes its findings and a summary of the
    recommendations it made to relevant authorities in an annual report.
        The Government allowed independent monitoring of prison conditions
    and detention centers on a regular basis by the human rights ombudsman.
    The ombudsman can join proceedings in civil and administrative courts
    on behalf of prisoners and detainees, either when they have filed a
    complaint or when information otherwise leads to an allegation of
    inhumane conditions. During the year the ombudsman visited 80 prison
    and detention facilities, including pretrial and juvenile detention
    centers, as well as guarded centers for refugees. As of year's end, the
    Council of Europe's Committee for the Prevention of Torture had not
    released the findings from its fourth periodic visit to the country in
    December 2009.

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

        Role of the Police and Security Apparatus.--The police force is a
    national law enforcement body with regional and municipal units
    overseen by the minister of interior. The Internal Security Agency
    (Agencja Bezpieczenstwa Wewnetrznego, ABW) has responsibility for
    investigating and combating organized crime, terrorist threats, and
    proliferation of weapons of mass destruction. The Central
    Anticorruption Bureau (Centralne Biuro Antykorupcyjne, CBA) is
    responsible for combating governmental, business, and financial
    corruption. Both agencies report directly to the prime minister.
        Civilian authorities maintained effective control over the security
    forces, and the Government had effective mechanisms to investigate and
    punish abuse and corruption. There were no reports of impunity
    involving the security forces during the year.

        Arrest Procedures and Treatment While in Detention.--In most cases
    the law requires authorities to obtain a court warrant based on
    evidence to make an arrest, and authorities generally complied with the
    law in practice.
        Lengthy pretrial detention remained a problem that contributed to
    overcrowding and deterioration of detention facilities; however,
    according to media reports, the number of prosecution motions for
    pretrial detention declined during the year. The law allows 48-hour
    detention before authorities must file charges and an additional 24
    hours for the court to decide whether to order pretrial detention.
    Authorities must promptly inform detainees of the charges against them.
    There was a functioning bail system, and most detainees were released
    on bail. Detainees have the right to counsel; the Government provided
    free counsel to the indigent. Defendants and detainees have the right
    to consult an attorney at any time.
        The law permits authorities to detain persons charged with a crime
    for up to three months. Detained persons may appeal the legality of
    their arrest. A court may extend pretrial detention every six to 12
    months, but the law specifies that the total time in detention may not
    exceed two years (in certain complex cases, the court may petition the
    Supreme Court for an extension beyond two years); however, in practice
    detention frequently extended beyond two years.
        As of November 30, according to the Central Prison Authority, there
    were 8,945 pretrial detainees, a decrease of 900 in comparison to
    November 2009.

        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 remained inefficient
    and did not enjoy public confidence.
        Military courts, supervised by the minister of justice and the
    prosecutor general, have jurisdiction over crimes committed by military
    personnel while on duty. Military defendants enjoy the same rights as
    civilians.
        The court system remained cumbersome, poorly administered, and
    inadequately staffed. Although according to the General Prosecutor's
    Office, the overall number of prosecutors was large (5,668), but the
    number of prosecutors dealing with criminal offenses was inadequate.
    Some progress was reported in the computerization of the court system,
    but a continuing backlog of cases and the high cost of legal action
    deterred many citizens from using the justice system.
        On January 4, the Justice Ministry established the country's first
    ``e-court,'' designed to adjudicate approximately 600,000 routine civil
    cases per year.
        In 2007 the country implemented a system of ``24-hour courts'' to
    expedite trials for minor offenses and petty crimes. Under this system,
    the accused must be tried and a decision reached within 72 hours of
    arrest. Police and prosecutors have 48 hours to collect evidence and
    file a case; courts must issue a decision within 24 hours. On June 8,
    in response to criticism of the cost and questions about the
    effectiveness of this system, a law took effect that gives accused
    persons the option of voluntarily accepting prescribed penalties while
    the case is under investigation and allows the state to release accused
    offenders on their own recognizance if they agreed to appear in court.
    The new law also eliminated the state's obligation to provide a defense
    attorney and provides that 24-hour courts may try individuals in
    absentia. According to media reports, the 24-hour court procedure was
    rarely used.

        Trial Procedures.--Defendants must be present during trial; they
    enjoy a presumption of innocence. Trials are usually public; however,
    the courts reserve the right to close a trial in some circumstances,
    including divorce proceedings, cases involving state secrets, and cases
    whose content may offend public morality. The law provides for juries,
    usually composed of two or three individuals appointed by local
    officials. In regional and provincial courts, a panel of one judge and
    two lay assessors try cases. Defendants may consult an attorney,
    confront and question witnesses, have access to government-held
    evidence, and present evidence and witnesses. Prosecutors can grant
    witnesses anonymity if they express fear of retribution from
    defendants.
        After a court issues a verdict, a defendant has seven days to
    request a written statement of the judgment; courts must respond within
    seven days. A defendant has the right to appeal a verdict within 14
    days of the response. A two-level appeal process is available in most
    civil and criminal matters.
        Individuals continued to file complaints against the Government
    with the European Court of Human Rights (ECHR) regarding trial delays,
    the right to a fair trial, and the lack of due process.

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

        Regional Human Rights Court Decisions.--In 2009, the most recent
    year for which data was available, the ECHR issued 123 judgments that
    found at least one violation of the European Convention on Human
    Rights. Of that total, 71 judgments found the country violated the
    convention's provisions for a fair and expeditious trial. Of these
    decisions, 35 involved violations of the right to liberty and security,
    including lengthy pretrial detention, 14 related to inhuman or
    degrading treatment and ineffective investigations, and 12 involved
    respect for private and family life. At the end of 2009, 4,750 cases
    involving the country were pending before the court.
        The country generally complied with ECHR judgments. In May 2007 the
    Government adopted a special action plan to improve the effectiveness
    of the implementation of the ECHR judgments. Included in the action
    plan were recommendations for changes in legislation (only partially
    enacted by year's end), improvement of legal practices, human rights
    training, and distribution of information about ECHR judgments to
    courts and the National School for Prosecutors and Judges. An
    interagency team at the Justice Ministry's Human Rights Department
    monitors the implementation of ECHR judgments.
        According to the Helsinki Human Rights Foundation, the Government
    was most successful in complying with ECHR judgments in cases that
    affected a large number of persons and cases of particular legal
    importance, specifically cases where systematic or legislative changes
    were required. The foundation claimed the Government was less
    successful in complying with less prominent, individual cases that
    attracted less media attention.

        Civil Judicial Procedures and Remedies.--The judiciary system is
    generally independent and impartial in civil cases, and there is access
    to courts to bring lawsuits seeking damages for or cessation of human
    rights violations. The constitution and law provide for the sovereignty
    of, and public access to, the courts. However, implementation of court
    orders, particularly for payment of damages, remained slow, cumbersome,
    and ineffective. Changes to civil procedures placed speed and
    efficiency ahead of individual rights, and the limited number of
    attorneys made it expensive to exercise the right to legal counsel.
        In November 2009 the Justice Ministry created a Human Rights
    Department with the primary objective of promoting the human rights
    standards throughout the justice system. The department also responds
    to identified cases of human rights violations, including overlong
    trials, excessive use of pretrial detention, and prison overcrowding.
    According to Warsaw-based Helsinki Human Rights Foundation, the
    department was particularly successful in promoting knowledge about
    ECHR verdicts by translating them into Polish, posting them on the
    ministry's Web site, and distributing them to domestic courts.

        f. Arbitrary Interference With Privacy, Family, Home, or
    Correspondence.--The law prohibits most such actions; however, the
    Government did not always respect these prohibitions in practice.
        The law allows electronic surveillance for crime prevention and
    investigation. There was neither independent judicial review of
    surveillance activities nor any control over the use of information
    obtained by monitoring private communications. A number of government
    agencies had access to wiretap information.
    Section 2. Respect for Civil Liberties, Including:

        a. Freedom of Speech and Press.--The constitution provides for
    freedom of speech and of the press; however, in practice there were
    laws that restricted these freedoms. Since the collapse of the
    Communist government in 1989, the Government and courts have either
    upheld or instituted laws that criminalize defamation by individuals
    and the media and limit editorial independence.
        Defamation includes publicly insulting, defaming, or libeling
    members of parliament, government ministers, or other public officials,
    as well as private entities and persons. Defamation, carried out
    through the mass media, is punishable by imprisonment of up to one
    year. Defamation outside the media is punishable by a fine and
    community service. For publicly insulting the president, the maximum
    sentence is three years' imprisonment. Maximum penalties are rarely
    applied; persons found guilty of defamation generally only faced fines.
        On January 5, the Lublin prosecutor's office again discontinued the
    case against Sejm deputy Janusz Palikot, who in his Internet blog
    referred to the president as a ``runt.'' In September 2009 the Lublin
    Regional Court overturned the prosecutor's earlier decision not to
    pursue charges against Palikot in response to the president's call for
    the charges to be pursued.
        The law prohibits hate speech, including dissemination of anti-
    Semitic literature and the public promotion of fascist or other
    totalitarian systems. On June 8, a revision to the criminal code took
    effect, adding public promotion of communist systems to the prohibited
    list. On December 14, the Wroclaw District Court gave prison sentences
    of from 13 to 18 months to three persons for promoting neofascist ideas
    and inciting hatred on the basis of national, ethnic, racial, and
    religious differences on their Web sites, RedWatch.info, and
    BHPoland.org. The Web sites published names and personal information of
    persons from minority groups, human rights NGOs, and local media,
    resulting in threats and harassment to at least 385 persons.
        The independent media were active and expressed a wide variety of
    views.
        The National Radio and Television Broadcasting Council, a five-
    member body appointed by the National Assembly and the president, is
    responsible for protecting freedom of speech and has broad power to
    monitor and regulate programming, allocate broadcasting frequencies and
    licenses, apportion subscription revenues to public media, and impose
    financial penalties on broadcasters. While council members were
    required to suspend their membership in political parties and public
    associations, critics asserted that the council remained politicized.
    The president and the Sejm each select two members, and the Senate
    selects one member.
        Content restrictions on the media include a law that prohibits the
    promotion of activities that are against government policy, morality,
    or the common good and requires that all broadcasts ``respect the
    religious feelings of the audiences and, in particular, respect the
    Christian system of values.'' In practice the Government rarely
    enforced this provision, which allows for levying fines on programs
    deemed offensive. The press code also places some limits on editorial
    independence, for example, by specifying that journalists must verify
    quotes and statements with the person who made them before publication.

        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 International Telecommunication Union statistics,
    approximately 58 percent of the country's inhabitants used the
    Internet.

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

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

        c. Freedom of Religion.--For a description of religious freedom,
    please see the 2010 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 employ
    it.

        Protection of Refugees.--The law provides for the granting of
    asylum or refugee status, and the Government has established a system
    for providing protection to refugees.
        The law on protecting aliens permits denial of refugee status based
    on safe country of origin or safe country of transit; however, the law
    also includes provisions to consider the protection needs of
    individuals with exceptional cases.
        In practice the Government provided protection against the
    expulsion or return of refugees to countries where their lives or
    freedom would be threatened on account of their race, religion,
    nationality, membership in a particular social group, or political
    opinion. During the year the Government granted refugee status to 84
    persons compared with 133 persons in 2009. The Government denied
    refugee status in 3,967 cases.
        Persons granted asylum or refugee status had the right to work, to
    receive social assistance and education, and to have access to a state
    integration program for 12 months. The program provides participants
    with contacts in the local community, assistance with accommodations,
    and help with job searches. Refugees received monetary assistance for
    living expenses and language training and were registered in the
    national health-care system.
        According to Amnesty International, asylum seekers and recognized
    refugees continued to face difficulties finding jobs and obtaining
    health care due in part to poor integration program conditions. Persons
    with temporary status also had the right to work, received social
    assistance, and participated in the Government's integration programs.
        There were occasional reports of problems in the country's 19
    refugee detention centers, which were located in the Warsaw, Bialystok,
    and Lublin areas and had a capacity of 4,000 persons. Refugees
    experienced language and cultural barriers; they had limited access to
    higher education. There was discrimination against refugee children by
    their peers.
        The Government also provided temporary protection to individuals
    who may not qualify as refugees and provided it to 439 persons during
    the year, compared with 2,458 persons in 2009.
    Section 3. Respect for Political Rights: The Right of Citizens to
            Change Their Government
        The law provides citizens the right to change their government
    peacefully, and citizens exercised this right in practice through
    periodic, free, and fair elections based on universal suffrage.

        Elections and Political Participation.--The June 20 (first round)
    and July 4 (second round run-off) special presidential election and the
    2007 preterm parliamentary elections were considered free and fair.
        Multiple candidates from various political parties freely declared
    their candidacy to stand for election and had access to the media.
        There were 91 women in the 460-seat Sejm and seven in the 100-seat
    Senat. There were five women in the 20-member Council of Ministers. An
    additional 24 women held ministerial-level positions. Eleven of the
    country's 50 members of the European Parliament were women. In local
    government elections held on November 21, women won 24 percent of the
    seats in local councils, a 4 percent increase over the previous
    election.
        On October 27, the UN Human Rights Council published its concluding
    observations following its review of the country's sixth periodic
    report, in which it noted that the Government should intensify efforts
    to achieve equitable representation of women in parliament and at the
    highest levels of the Government, judiciary, civil service, police
    force, and prison service. The council called on the Government to
    ensure that women receive equal pay for work of equal value and
    reinstitute the Office of the Government Plenipotentiary for Equality
    of Men and Women as an independent body.
        There were two minority members in the Sejm (one representing the
    German minority in Silesia) and no minorities in the upper house. On
    December 14, John Godson was sworn in as the first black member of
    parliament. There were no members of minorities in the cabinet. The law
    exempts ethnic minority parties from the requirement that they must
    receive 5 percent of the vote nationwide to qualify for seats in
    individual districts.
    Section 4. Official Corruption and Government Transparency
        The law provides criminal penalties for official corruption;
    however, the Government did not always implement these laws
    effectively, and officials sometimes engaged in corrupt practices.
        According to World Bank governance indicators for 2008, corruption
    was a problem in the country. There was a widespread public perception
    of corruption throughout the Government. Citizens continued to believe
    that political parties and members of the legislative branch, the
    health care system, and the judiciary were the most corrupt.
        On December 10, the District Prosecutor's Office in Swidnica
    initiated an investigation into ``political'' corruption in connection
    with the first and the second round of the local government elections
    in Walbrzych. The investigation was based on evidence gathered by the
    CBA, which indicated that some voters might have been given money to
    vote for particular candidates. On December 2, Senator Roman Ludwiczuk
    of the ruling Civic Platform (PO) party resigned his party membership
    after admitting to political corruption. On a tape recording released
    by the press, Ludwiczuk was heard offering a member of his opponent's
    campaign staff a high-ranking local government position in exchange for
    resigning his campaign position. On December 3 and 7, three candidates
    for mayor of Walbrzych filed a motion to the court to annul the
    election results on the grounds of possible corruption.
        On September 21, Deputy Prime Minister and Economy Minister
    Waldemar Pawlak dismissed the presidents of two state-owned coal mining
    companies, Kompania Weglowa and Katowicki Holding Weglowy, after the
    Katowice Prosecutor's Office charged them on September 16 with
    accepting bribes ranging from 16,000 to 600,000 zloty ($5,400 to
    $203,000). As of year's end, the prosecutorial investigation was
    ongoing.
        The investigation continued of Sylwester Rypinski, the president of
    the state-owned Social Insurance Agency and six other employees. They
    were arrested in September 2009 by ABW on corruption charges. If
    convicted, Rypinski would face up to 10 years' imprisonment.
        On August 5, a parliamentary special investigative committee
    concluded that prominent representatives of the ruling Civic Platform
    party did not conspire with businessmen who were allegedly lobbying for
    a revision of a draft law on gambling. The Government's chief
    anticorruption official published a separate report on July 29 that
    noted irregularities in the drafting of the new law and criticized the
    Ministries of Economy, Finance, and Sport for confusing the legislative
    process. In October 2009 the national daily Rzeczpospolita published
    transcripts that the CBA obtained through wiretaps of conversations
    between leading politicians and gambling industry representatives. The
    so-called gamble-gate scandal led to a major government reorganization
    later that month, in which six ministerial-level officials, including
    Sports Minister Miroslaw Drzewiecki, resigned. The chairman of the
    ruling party's parliamentary caucus, Zbigniew Chlebowski, also
    resigned.
        The CBA has broad powers to audit the financial holdings of public
    officials and to fight corruption in public procurement. It is also
    authorized to conduct searches and secret videotaping, wiretap
    telephone conversations, and make arrests.
        During the year the CBA continued to examine numerous high-profile
    and controversial investigations begun earlier:
        The trial of billionaire Henryk Stoklosa continued in the Poznan
    District Court. Stoklosa was indicted in 2008 on 21 charges in
    connection with a major finance ministry corruption case. Three
    ministry officials were also arrested as part of the CBA investigation.
    According to the prosecutor, the officials canceled fiscal liabilities
    and issued tax exemptions over a 10-year period in exchange for bribes
    from organized criminals and businessmen. Stoklosa was also charged
    with bribing a Poznan judge. If convicted, he could face up to 10
    years' imprisonment.
        On October 5, the Warsaw District Court began the trial of Beata
    Sawicka, a former member of the parliament, and Miroslaw Wadolowski,
    the mayor of Hel, on corruption charges related to a real estate
    scandal. The CBA accused Sawicka of corruption for accepting a bribe to
    influence a public tender in Hel in the period preceding the 2007
    parliamentary elections. In her defense Sawicka said that a CBA officer
    seduced and manipulated her into accepting the bribe. A few months
    earlier, on April 23, the Warsaw Prosecutor's Office discontinued its
    investigation into CBA's involvement in the case, deciding that the CBA
    officers had not acted illegally.
        On May 24, an appeals court overturned the August 2009 Warsaw
    Circuit Court conviction of two persons for attempting to bribe former
    agricultural minister and Deputy Prime Minister Andrzej Lepper. The CBA
    detained the two in 2007 based on reports that they had connections
    with persons in the Agriculture Ministry who could issue favorable
    land-use decisions in exchange for a bribe of three million zloty ($1
    million). Lepper was subsequently dismissed as minister. The appeals
    court ordered a new trial in the case.
        The Government continued to take steps to address corruption within
    the 100,000-member police force by instituting harsher penalties and
    eliminating collection of fines in cash by police officers. Instead, it
    became necessary to pay fines at post offices or via electronic fund
    transfers. The National Police's Internal Affairs Office investigated
    instances of corruption and serious criminal misconduct.
        On January 17, a special prosecutor's office in Bialystok concluded
    a major corruption investigation of senior officials for malfeasance in
    public tenders in 2004. As a result of the investigation, 23 persons,
    including several senior employees at national police headquarters,
    were indicted in a Warsaw court on charges of abuse of power, failure
    to fulfill duties, accepting bribes, and perjury.
        The law provides for public access to government information and,
    in practice the Government generally provided access to citizens and
    noncitizens, including foreign media. By law government refusal of
    information requests must be based on exceptional circumstances related
    to government secrets, personal privacy, and proprietary business data.
    Refusals may be appealed.
    Section 5. Governmental Attitude Regarding International and
            Nongovernmental Investigation of Alleged Violations of Human
            Rights
        A number of domestic and international human rights groups
    generally operated without government restriction, investigating and
    publishing their findings on human rights cases. Government officials
    were cooperative and responsive to their views.
        The country's human rights ombudsman presents an annual report to
    the Sejm on the state of human rights and civic freedom in the country.
    The ombudsman generally had adequate resources, enjoyed the
    Government's cooperation, and was considered effective. In 2009 the
    human rights ombudsman reported that 65,208 cases were filed with the
    office, an increase of 3,686 from 2008.
        The office of the ombudsman is independent; however, the ombudsman
    is selected by the parliament and, at times in the past, was criticized
    by the media for being influenced by party politics.
        Both chambers of parliament have committees on human rights and the
    rule of law. The committees serve a primarily legislative function and
    are composed of representatives from multiple political parties.
    Section 6. 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.

        Women.--Rape, including spousal rape, is illegal and punishable by
    up to 12 years in prison. According to national police statistics,
    during the first half of the year, there were 885 reported cases of
    rape. However, NGOs estimated that the actual number of rapes was much
    higher because women often were unwilling to report rape due to social
    stigma. During the same period, police forwarded 464 possible rape
    cases to prosecutors and 278 to family court (for underage offenders)
    for indictment.
        Domestic violence against women continued to be a serious problem.
    The number of reported cases was attributed to heightened police
    awareness, particularly in urban areas, as a result of media campaigns
    and NGO efforts. While courts can sentence a person convicted of
    domestic violence to a maximum of five years in prison, most
    convictions resulted in suspended sentences. The law provides for
    restraining orders on spouses to protect against abuse. On August 1, a
    revised law on domestic violence took effect that gives prosecutors the
    authority to issue restraining orders without requiring a court's
    approval, but police did not have the authority to issue immediate
    restraining orders at the scene of an incident.
        During the year police identified 18,659 domestic violence offenses
    compared with 20,505 in 2009. Of the cases identified during the year,
    16,463 were forwarded for prosecution, in comparison to 17,999 in 2009.
    During the first six months of the year, police reported that officers
    conducted 40,497 interventions related to domestic violence. According
    to prison authorities, at the end of the third quarter of the year,
    5,024 individuals were serving prison sentences for domestic violence
    crimes.
        According to some women's organizations, the number of women
    affected by domestic abuse was underreported, particularly in small
    towns and villages. The Women's Rights Center reported that police were
    occasionally reluctant to intervene in domestic violence incidents if
    the perpetrator was a member of the police or if victims were unwilling
    to cooperate.
        NGO-operated centers for domestic violence victims provided
    counseling for offenders and training for personnel who worked with
    victims. The Government also provided victims and families with legal
    and psychological assistance and operated 266 crisis centers and 12
    shelters for pregnant women and mothers with small children. In
    addition 36 specialized centers were operated by local governments and
    funded by the Government's National Program for Combating Domestic
    Violence. The centers provided social, medical, psychological, and
    legal assistance to victims and ``corrective education'' programs for
    abusers. In 2009, the last year for which statistics were available,
    the Government allocated approximately 12.1 million zloty ($4 million)
    for the centers' operating costs. The Government also spent 4.4 million
    zloty ($1.5 million) during the year on programs to counteract domestic
    violence. They were primarily corrective-education programs for abusers
    and training for social workers, police officers, and specialists who
    are the first contact for victims of domestic violence.
        The Council for Victims of Crime, established in 2009, met
    periodically during the year to review proposed policy changes and
    legislative initiatives to support victims. On January 14, the Justice
    Ministry launched a national public awareness campaign on crime
    victims' rights.
        The law prohibits sexual harassment. Persons convicted of sexual
    harassment may be sentenced to up to three years in prison. The labor
    code defines sexual harassment as discriminatory behavior in the
    workplace, including physical, verbal, and nonverbal acts, violating an
    employee's dignity.
        According to the Women's Rights Center, sexual harassment was a
    serious and underreported problem. Many victims do not report abuse or
    withdraw harassment claims in the course of police investigations out
    of shame or fear of losing their job. However, social awareness of the
    problem continued to increase due in part to reporting by the media.
    During the first six months of the year, police reported 52 cases of
    sexual harassment, compared with 58 cases during 2009.
        On February 11, a court in Piotrkow Trybunalski convicted two
    former members of parliament of extorting sex from female employees.
    Former Samoobrona Party member Stanislaw Lyzwinski was sentenced to
    five years' imprisonment for rape, repeatedly forcing four women to
    have sex, abetting a kidnapping, and extortion. Andrzej Lepper, another
    Samoobrona member and former deputy prime minister and agricultural
    minister, was sentenced to two years and three months' imprisonment for
    extorting sex from a female party worker and using force to obtain sex
    from another. Both Lepper and Lyzwinski, who was released from pretrial
    detention after two and a half years, were free on bail pending
    resolution of their appeals.
        On January 27, the Olsztyn court overturned the Olsztyn
    Prosecutor's Office December 2009 decision to suspend the investigation
    of former Olsztyn mayor Czeslaw Malkowski, who was charged in 2008 with
    the sexual harassment of two female employees and the rape of a third
    who was pregnant. At year's end, the investigation against Malkowski
    continued.
        Although the Government generally recognized the basic right of
    couples and individuals to decide freely and responsibly the number,
    spacing, and timing of their children, some restrictions existed. While
    there were no restrictions on the right to obtain contraceptives,
    social and economic factors limited their use, according to a local
    NGO, the Federation for Women and Family Planning. Prescription
    contraceptives were not included on the Government list of subsidized
    medicines, which made them cost-prohibitive relative to average
    household income. The law does not permit voluntary sterilization.
    Health clinics and local health NGOs were permitted to provide
    information on family planning, including information about
    contraception, under the guidance of the Ministry of Health.
        On June 4, UN Special Rapporteur on Health Issues Anand Grover
    presented a report to the Human Rights Council summarizing his 2009
    visit to the country to assess sexual and reproductive health rights.
    Among his findings, he cited serious impediments to women's access to
    certain reproductive health services, such as contraception and
    prenatal testing. Grover called for providing unbiased sexual education
    and better funding for contraceptives.
        The Government provided free childbirth services, and there were
    sufficient doctors. Women also used nurses and midwives for prenatal
    and postnatal care unless the mother or child suffered more serious
    health complications. According to statistics compiled by international
    organizations, there were approximately six maternal deaths per 100,000
    live births in the country in 2008. Men and women received equal access
    to diagnosis and treatment for sexually transmitted infections,
    including HIV.
        The constitution provides for equal rights for men and women in
    family law, property law, and in the judicial system; however, in
    practice there were few laws to implementing this provision. Women held
    lower-level positions and frequently received lower pay than men for
    equivalent work, were fired more readily, and were less likely to be
    promoted.
        On March 18, the European Commission sent a warning to the
    Government after its failure to pass national legislation implementing
    EU directives against gender discrimination in the workplace. The
    warning is the final stage before the commission refers a case to the
    European Court of Justice. In a separate May 2009 action, the
    commission referred the country to the European Court of Justice for
    not codifying EU directives prohibiting gender discrimination in access
    to and supply of goods and services. In February 2009 32 NGOs that
    promote women's rights complained to the European Commission about a
    lack of government action to combat discrimination against women.
        On March 5, the independent research company, Wynagrodzenia.pl,
    published a survey reporting a large discrepancy in the average
    salaries of men and women. The survey found that women's salaries were
    on average approximately 30 percent lower than men's salaries in the
    insurance, banking, and health professions.
        In August 2009 the private Center for Economic Information reported
    that the number of women working in senior positions in small- to
    medium-sized businesses had doubled over the preceding three years.
    Women were on the boards of approximately 70,000 companies,
    representing 30 percent of all companies in the country.
        In 2008 the prime minister appointed a senior government official
    as ``equality minister'' with a mandate to promote equal treatment.
    However, some women's rights groups complained that the position was
    neither sufficiently resourced nor sufficiently independent from
    government influence to fulfill its mandate. Women and lesbian, gay,
    bisexual, and transgender (LGBT) groups criticized the incumbent for
    making controversial statements about these issues and for not doing
    enough to combat discrimination against women as well as LGBT persons.
        On January 1, the Ministry of Labor and Social Policy dissolved its
    Department of Women, Family, and Antidiscrimination. The department was
    responsible for combating gender discrimination, incorporating gender
    equality into governmental policy, and monitoring implementation of
    government programs to promote gender equality. Many of these functions
    were reassigned to the Government's equality minister. The Ministry of
    Labor and Social Policy continued to promote gender mainstreaming in
    the labor market, including providing support for the Polish Women's
    Congress and funding public awareness campaigns.
        In its November 2009 report, the UN Committee on Economic, Social,
    and Cultural Rights expressed concern that, despite the existence of a
    ministerial-level position for equal treatment within the Prime
    Minister's Chancellery, discrimination continued against women and
    minorities, including ethnic minorities, persons with disabilities, and
    LGBT persons.

        Children.--Citizenship is acquired by birth if at least one parent
    is a citizen regardless of where the birth took place. Children born or
    found in the country with parents of unknown origin are also citizens.
    The Government has in place a system of universal birth registration,
    implemented immediately after birth.
        Incidents of child abuse were reported; however, convictions for
    abuse were rare. The law prohibits violence against children and
    provides for prison sentences ranging from three months to five years.
        A government ombudsman for children's rights issued periodic
    reports on problems affecting children, such as pedophilia on the
    Internet, improving access to public schools for children with
    disabilities, and providing better medical care for children with
    chronic diseases. The ombudsman's office also operated a 24-hour
    hotline for abused children. In 2009, the last year for which
    statistics were available, the ombudsman received 14,460 complaints of
    infringements of children's rights under the country's laws, an
    increase of 3,882 in comparison with 2008. Of that number, 40 percent
    related to the right to be brought up in a family, citing factors such
    as limitation of parental rights because of a divorce and the need for
    better support for foster families; 20 percent to the right to
    protection against abuse and exploitation; 11 percent to the right to
    education; and 7 percent to the right to adequate social conditions.
        In February 2009 the Warsaw-based Helsinki Human Rights Foundation
    published a report that asserted that child prostitution was a problem
    although its extent was difficult to measure due to a lack of data.
        According to the Government and the Nobody's Children Foundation, a
    leading NGO dealing with trafficking in children, child sex tourism was
    not significant in the country, although trafficking in children for
    sexual exploitation remained a problem.
        The law prohibits sexual intercourse with minors younger than 15
    years of age. The penalty for a conviction of statutory rape ranges
    from two to 12 years' imprisonment. Child pornography is also illegal.
    The production, possession, storage, or importation of child
    pornography is punishable by imprisonment for a period of three months
    to 10 years. According to the Ministry of Justice, 742 persons were
    convicted in 2008 of sexual intercourse with persons younger than 15
    years old, and 26 persons were convicted of pimping with the
    involvement of a minor.
        During the year police conducted operations against child
    pornography and pedophiles that led to the arrest of 473 persons.
    However, difficulty in meeting legal evidentiary standards led to few
    convictions in these cases.
        The country is a party to the 1980 Hague Convention on the Civil
    Aspects of International Child Abduction. For information on
    international parental child abduction, please see the Department of
    State's annual report on compliance at http://travel.state.gov/
    abduction/resources/congressreport/congressreport--4308.html as well as
    country-specific information at http://travel.state.gov/abduction/
    country/country--3781.html.

        Anti-Semitism.--The Union of Jewish Communities estimated that the
    Jewish population numbered approximately 20,000. There were reports of
    occasional, nonviolent anti-Semitic incidents and occasional
    desecrations of Jewish cemeteries.
        On March 13, vandals defaced the Holocaust memorial in Krakow on
    the eve of the commemoration of the 67th anniversary of the liquidation
    of the Krakow ghetto. The vandals spray-painted anti-Semitic slogans
    and Nazi symbols on the monument. Authorities removed the graffiti
    before the beginning of the commemoration ceremony, during which the
    archbishop of Krakow, Cardinal Stanislaw Dziwisz, apologized to Jews on
    behalf of all Christians for the incident. On August 19, the
    prosecution discontinued its investigation into the incident on the
    grounds that police had been unable to identify the perpetrators.
        On March 18, a Krakow court sentenced three persons to two-and-a-
    half years' imprisonment for the December 2009 theft of the ``Arbeit
    Macht Frei'' sign that hung above the main entrance to the Nazi death
    camp at Auschwitz. The sign was found cut into three pieces and buried
    in the woods two days after the theft. Prosecutors charged a Swedish
    man, who had ties to a neo-Nazi organization, with orchestrating the
    theft. On December 30, the Krakow Court sentenced the man, who was
    extradited from Sweden, to two years and eight months imprisonment. The
    court sentenced two additional persons, who recruited the three
    thieves, to two years and six months, and two years and four months
    imprisonment.
        On February 23, a Bialystok court convicted five persons of
    disseminating anti-Semitic literature and inciting hatred and gave each
    a suspended sentence. The case, which began in 2005, was connected to
    an ongoing case against Leszek Bubel, a self-proclaimed anti-Semite and
    leader of a far-right political party. There were no developments in
    the case against Bubel, who was charged in 2008 with posting a video on
    a popular Internet site in which he boasted about his anti-Semitism and
    urged Jews to leave the country. Bubel has repeatedly claimed he is
    unable to stand trial because of failing health. He previously served
    six months in jail for inciting racial hostility and defaming Jews.
        Unlike in earlier years, there were no reports during the year that
    the Catholic nationalist radio station, Radio Maryja, broadcast anti-
    Semitic or racist statements by its viewers during call-in shows.
        The Government publicly criticized anti-Semitic acts, prosecuted
    offenders, and supported tolerance education.
        The country has made considerable progress in relations with its
    Jewish communities. The Government consistently supported efforts to
    promote interfaith dialogue and tolerance, as well as initiatives to
    combat anti-Semitism. However, members of marginal populist and
    nationalist parties and organizations continued to make some extremist,
    intolerant, and anti-Semitic statements.
        In March 2009 the Education Ministry, in cooperation with the
    Organization for Security and Cooperation in Europe, introduced a
    curriculum for middle school students aimed at combating anti-Semitism.
    In particular the materials promoted tolerance by addressing problems
    of stereotypes and prejudice.
        On June 15, the European Commission against Racism and Intolerance
    (ECRI) criticized the country for making insufficient progress in
    fighting anti-Semitism, noting the lack of comprehensive
    antidiscrimination legislation.

        Trafficking in Persons.--For information on trafficking in persons,
    please see the Department of State's annual Trafficking in Persons
    Report at www.state.gov/g/tip.

        Persons With Disabilities.--Article 32 of the constitution and the
    1997 Charter of Persons with Disabilities prohibit discrimination
    against persons with physical, sensory, intellectual, and mental
    disabilities in employment, education, access to health care or the
    provision of other state services. The Government effectively enforced
    these provisions; however, there were reports of some societal
    discrimination against persons with disabilities. The Government
    restricts the right of persons with certain mental disabilities to vote
    or participate in civic affairs.
        The law states that buildings should be accessible for persons with
    disabilities, and at least three laws require retrofitting of existing
    buildings to provide accessibility. Public buildings and transportation
    generally were accessible.
        The Ministry of Labor and Social Policy is responsible for
    disability-related matters. During the year the Government
    plenipotentiary for persons with disabilities organized training
    sessions for central and local government officials to encourage them
    to hire persons with disabilities. The state fund for rehabilitation of
    persons with disabilities continued a nationwide campaign encouraging
    companies to employ them. The fund granted money to NGOs to organize
    media campaigns on the rights of disabled persons.

        National/Racial/Ethnic Minorities.--The constitution gives ethnic
    and national minorities the right to preserve their own language,
    customs, and culture. The law contains several provisions against hate
    crimes and incitement to violence based on ethnic origin; however,
    government enforcement efforts were sometimes ineffective.
        On June 15, ECRI noted the continuation of public racist discourse
    and the vulnerable situation of Roma as a continuing source of concern,
    along with anti-Semitism (see section 3).
        During the year there were isolated incidents of racially motivated
    violence and verbal and physical abuse directed at Roma and persons of
    African, Asian, or Arab descent. The Ukrainian and Belarusian
    minorities also continued to experience petty harassment and
    discrimination.
        On September 23, the Wroclaw District Court sentenced a man to an
    18-month suspended sentence (to include five years' probation), and a
    1,000 zloty ($338) fine for racially motivated violence. The man was
    convicted of physically and verbally assaulting a Ghanaian in Wroclaw
    on January 4.
        During the year developments were reported in a number of court
    cases stemming from racially motivated assaults in previous years:
        On March 18, the Bialystok District Court upheld a lower court's
    conviction of two persons for physically and verbally assaulting a
    dark-skinned female student of Cuban origin in March 2009. The accused
    received six- and nine-months suspended sentences respectively (to
    include five years' probation).
        The trial continued in Bialystok of four persons charged with
    physically and verbally assaulting a dark-skinned French citizen in
    April 2009.
        On January 10, the Wroclaw Prosecutor's Office indicted two Wroclaw
    University students for a racially motivated physical assault on a
    Nigerian student in July 2009.
        On September 1, the Warsaw Prosecutor's Office discontinued its
    investigation into the National-Radical Camp's November 2009 march
    through Warsaw, during which demonstrators chanted neo-Nazi and anti-
    Semitic slogans and used Nazi gestures. The prosecutor cited an
    inability to identify those responsible as the reason for closing the
    case.
        On December 15, the Wroclaw Appeals Court found six members of the
    National Rebirth of Poland and the neopagan association Zadruga not
    guilty of promoting fascism and inciting to hatred on racial grounds.
    Four individuals had appealed the June 1 ruling of a Wroclaw court,
    which sentenced six members of the two organizations to five to seven
    months of community service and a 1,000 zloty ($338) fine, to be paid
    to Helpful Hand, a local NGO that protects children and youth from
    psychological manipulation by cults and gangs. The charges stemmed from
    a 2007 demonstration in Wroclaw, during which the organizations'
    members shouted and carried banners with racist slogans.
        In October 2009 the Opole District Court banned the Brzeg branch of
    the National Radical Camp, a neo-Nazi organization, from operating
    after determining that its ideology and behavior promoted racial
    hatred. This was the first prohibition of a neo-Nazi group. The
    decision stemmed from the 2008 conviction of three members of the
    National-Radical Camp for making Nazi gestures during the group's
    gatherings in 2006 and 2007.
        During the year there were displays of racist behavior at sporting
    events. The Sports Ministry and the soccer union announced a number of
    projects underway to fight racism, including educational and awareness
    raising campaigns. In March the Never Again association--an NGO that
    combats racism and xenophobia--created a booklet in cooperation with
    the Union of European Football Associations and Soccer against Racism
    in Europe on combating racism in soccer clubs. In 2008 the human rights
    ombudsman sent a letter to the president of the Polish Soccer Union
    expressing concern about racist and anti-Semitic incidents at soccer
    matches. He suggested assessing penalties and initiating tolerance
    programs to educate soccer fans about cultural or racial differences.
        On May 8, Rzeszow soccer fans held up a large banner with a Jewish
    caricature and anti-Semitic slogan during a match. The banner initially
    elicited no reaction from soccer officials or local authorities, but
    after intense media scrutiny, prosecutors opened an investigation. On
    May 13 and 14, police arrested the six soccer fans who held up the
    banner and charged them with the use of violence or threats against
    groups of persons based on their national, ethnic, racial, political,
    or religious affiliation. In November prosecutors downgraded charges
    against two of the six perpetrators to publicly insulting a person
    based on their national, ethnic, racial, political, or religious
    affiliation. Charges against the other four persons were dropped. In
    December the prosecutor general asked the Rzeszow appeals prosecutor to
    review the decision to discontinue the investigation.
        In August the Krakow Prosecutor's Office discontinued for a second
    time its investigation into racist and anti-Semitic incidents during a
    2008 soccer match, on the grounds that the perpetrators could not be
    identified and the anti-Semitic content was a case of soccer fan
    rivalry. The prosecutor had closed his initial investigation for
    similar reasons in December 2009, but a Krakow court upheld a request
    by a deputy justice minister that it be reopened. During the match,
    fans of the Cracovia team allegedly imitated monkey noises and shouted
    anti-Semitic slogans when African players came on the field.
        Societal discrimination against Roma continued. There were reports
    that some local officials discriminated against Roma by not providing
    adequate social services. Romani leaders complained of widespread
    discrimination in employment, housing, banking, the justice system, the
    media, and education. In a November 2009 report, the UN Committee on
    Economic, Social, and Cultural Rights expressed concern about continued
    widespread discrimination against Roma in the country in such areas as
    employment, education, land tenure, access to welfare benefits,
    housing, and health care.
        On July 30, a large group of persons converged on a housing complex
    in Limanowa where a Romani family lived. According to media reports,
    the incident was triggered when a dog owned by the family attacked a
    pregnant woman on the street nearby. Police turned the group back and
    made no arrests. Local government and Roma community representatives
    indicated that this particular family was associated with a history of
    altercations in the area.
        The Roma Association reported that despite government assistance
    programs, many Romani children did not attend public school either
    because of financial constraints or due to fear that teachers would
    encourage assimilation and discourage traditional practices. However,
    according to the Ministry of the Interior and Administration, 2,762 of
    the 3,297 Romani children between the ages of six and 16 were enrolled
    in school in 2009.
        The Roma Association stated that inadequacies in Romani children's
    education made it impossible for Roma to end their poverty.
    Approximately 80 percent of Roma were unemployed. A 2002 national
    census recorded approximately 12,700 Roma. According to the Ministry of
    Education, the number of segregated classes for Romani children has
    been substantially reduced. In 2008 the news daily Dziennik reported
    that in six cities with a large Roma population, Romani children were
    taught in segregated classes, ostensibly because they did not speak
    fluent Polish. The education level in such classes was reportedly lower
    than in mainstream classes. Following the reports, the education
    minister inspected all district offices with oversight of separate
    classes for Roma and ordered that Romani children be fully integrated
    with other children.
        The Government allocated approximately 10 million zloty ($3.4
    million) annually to a special program for Roma. It included
    educational and other projects to improve health and living conditions
    and reduce unemployment. The program also focused on civic education
    and provided grants for university and high school students.
        In October 2009 a separate class for Romani children was started in
    a Poznan preschool. The idea originated with a local Roma foundation to
    improve education for Romani children and to ease their transition to
    public schools. Opponents of the project asserted that any type of
    segregation of Romani children would be detrimental; however,
    proponents claimed that many Romani children did not feel comfortable
    attending integrated schools.

        Societal Abuses, Discrimination, and Acts of Violence Based on
    Sexual Orientation and Gender Identity.--The constitution provides all
    persons the right to equal treatment and prohibits all forms of
    discrimination in the political, social, and economic spheres. There
    are no laws that criminalize sexual orientation or behavior.
        Organizations representing LGBT persons reported that
    discrimination was common in schools, the workplace, hospitals, and
    clinics. For example, LGBT persons were sometimes prevented from
    donating blood due to the perception that HIV/AIDS is prevalent in the
    LGBT community. During the year there were some reports of skinhead
    violence and societal discrimination against LGBT persons. There are
    several LGBT organizations operating in the country, with a focus on
    preventing discrimination against LGBT persons and promoting tolerance.
        The EU Fundamental Rights Agency's November report about the rights
    of LGBT persons in EU states recognized the country's progress in
    improving the situation of LGBT persons. The report also identified
    areas for further improvement, including the issuance of certificates
    that would allow LGBT persons to register their relationships in other
    EU member states and creation of an office to deal with issues
    regarding equal treatment on the basis of sexual orientation.
        In May 2009 the NGO Campaign against Homophobia reported that the
    level of hate speech against persons based on their sexual orientation
    was still high.
        On May 15, an estimated 500 persons took part in Krakow's sixth
    annual March for Tolerance to call for an end to prejudice against gays
    and lesbians. The event took place without major incident, due in part
    to the presence of more than 200 police officers and city guards. The
    All Poland Youth association organized a small counterdemonstration.
    Some counterdemonstrators threw eggs at police officers protecting the
    marchers.
        On July 17, Warsaw hosted the EuroPride parade, an annual event
    drawing participants from around Europe to promote LGBT rights.
    Approximately 8,000 local and international activists participated in
    the parade without serious incident. A group of 300
    counterdemonstrators from the National Radical Camp and All Poland
    Youth association attempted to interrupt the event by throwing eggs,
    bottles, and stones at the participants. Police stopped 236 persons and
    arrested nine.

        Other Societal Violence or Discrimination.--There were few reports
    of discrimination against persons with HIV/AIDS. According to the
    Government's AIDS Center, one incident of discrimination was reported
    during the first seven months of the year. The case involved
    discrimination against a person with HIV/AIDS in the workplace.
        On March 10, an administrative court in Gdansk overturned a 2007
    decision to dismiss a police officer for being HIV positive. The
    judgment followed a November 2009 Constitutional Court ruling that a
    1991 Interior Ministry regulation requiring immediate dismissal of an
    HIV positive police officer was unconstitutional.
    Section 7. Worker Rights

        a. The Right of Association.--The law provides that all workers,
    including civilian employees of the armed forces, police, and border
    guard, have the right to establish and join independent trade unions
    without previous authorization or excessive requirements. Foreign and
    migrant workers also have the right to unionize.
        While many workers exercised this right, in practice many small and
    medium-sized firms discriminated against those who attempted to
    organize. Newly established small- and medium-sized firms were
    generally nonunion, while privatized, formerly state-owned enterprises
    frequently continued union activity. Approximately 15 percent of the
    workforce belonged to unions.
        All workers have the right to strike except those deemed to be in
    essential services, such as security forces, the Supreme Chamber of
    Audit, police, border guard, and fire brigades. These workers had the
    right to protest and seek resolution of their grievances through
    mediation and the court system. Cumbersome procedures made it difficult
    to meet all of the legal technical requirements for strikes in many
    cases.
        Labor courts acted slowly in deciding the legality of strikes,
    while sanctions against unions for calling illegal strikes and against
    employers for provoking them were minimal. Unions alleged that laws
    prohibiting retribution against strikers were not enforced consistently
    and that the small fines imposed as punishment were ineffective
    deterrents to employers.

        b. The Right to Organize and Bargain Collectively.--The law allows
    unions to conduct their activities without interference; however, in
    practice the Government failed to protect this right at small- and
    medium-sized companies. The law provides for and protects enterprise-
    level collective bargaining over wages and working conditions. A
    tripartite commission composed of unions, employers, and government
    representatives was the main forum that determined minimum national
    wage and benefit increases in areas such as the social services sector.
    Approximately 14 percent of the workforce was covered by collective
    bargaining agreements.
        Key public sector employers could not negotiate with labor without
    the extensive involvement of the ministries to which they were
    subordinate. The law provides for parties to take group disputes to
    formal mediation, then to the Board of Social Arbitration in either the
    district court or Supreme Court depending on the number of employers
    involved, and, as a last resort, to strike. By law employers are
    obligated to notify a district inspection office in the region about a
    group dispute in the workplace. During 2009 the State Inspection Office
    registered 433 disputes, compared with 5,433 disputes in 2008.
    Authorities attributed the sharp reduction to a drop off in the number
    of disputes involving teachers, as well as anxiety over job security
    during a time of economic instability.
        The law prohibits antiunion discrimination; however, labor leaders
    reported that employers frequently discriminated against workers who
    attempted to organize or join unions, particularly in the private
    sector.
        In December 2009 a labor court in Pabianice ruled in favor of the
    Officina Labor Company in a wrongful termination dispute. A local trade
    union claimed that Officina Labor illegally fired representatives of
    the newly formed union's board. The company argued that they received
    notification of the union's formation after the firings had taken
    place. The court ruled that the company was not required to rehire the
    employees, but suggested the employees could claim compensation for
    discrimination. A related case addressing the termination of the trade
    union chairperson was ongoing.
        Discrimination typically took the forms of intimidation,
    termination of work contracts without notice, and closing the
    workplace. The law did not prevent employer harassment of union members
    for trade union activity; there were unconfirmed reports that some
    employers sanctioned employees who tried to organize unions. Managers
    also asked workers in the presence of a notary public to declare
    whether they were union members.
        There are no special laws or exemptions from regular labor laws in
    export processing zones.
        In April 2009 a labor court in Ciechanow issued its first ruling in
    the case of union employees who claimed they were harassed and
    wrongfully terminated from Dong Yang Electronics. The court ordered the
    company to rehire one employee and pay compensation for court costs and
    one month's salary. Workers claimed company officials intimidated them
    during a 2008 strike ballot and then refused to acknowledge the
    validity of a second, secret, ballot, in which employees unanimously
    approved the strike. Dong Yang subsequently gave a raise to employees
    who did not strike and dismissed 200 other employees, including three
    unionists, replacing them with fixed-contract workers. There were an
    additional 180 cases pending before the court.

        c. Prohibition of Forced or Compulsory Labor.--The law prohibits
    forced or compulsory labor, including by children; however, there were
    reports that women and children were trafficked to the country for
    commercial sexual exploitation and that men and boys were increasingly
    trafficked for labor in the agricultural sector. Also see the
    Department of State's annual Trafficking in Persons Report at
    www.state.gov/g/tip.

        d. Prohibition of Child Labor and Minimum Age for Employment.--The
    law protects children from exploitation in the workplace, including
    forced or compulsory labor, and the Government generally enforced the
    law in practice. Also see the Department of State's annual Trafficking
    in Persons Report at www.state.gov/g/tip.
        The law prohibits the employment of children under the age of 16,
    with exceptions in the cultural, artistic, sporting, and advertising
    fields when parents or guardians and the local labor inspector give
    their permission. Persons between the ages of 16 and 18 may work only
    if they have completed middle school, the proposed employment
    constitutes vocational training, and the work is not harmful to their
    health.
        The State Labor Inspectorate reported that increasing numbers of
    minors worked, and many employers underpaid them or paid them late.
    During the first half of the year, the inspectorate conducted 325
    investigations involving 2,222 underage employees (16 to 18 years of
    age), compared with 514 inspections involving 2,581 underage employees
    during the same period in 2009. Fines totaling 104,750 zloty ($35,513)
    were levied in 91 cases.
        The majority of the 2,222 employees found to be underage worked in
    commercial enterprises, restaurants, and the construction, repair, and
    processing industries.

        e. Acceptable Conditions of Work.--The national monthly minimum
    wage of 1,317 zloty (approximately $444), which took effect in January
    did not provide a decent standard of living for a worker and family.
    The large size of the informal economy and the low number of government
    labor inspectors made enforcement of the minimum wage difficult. A
    large percentage of construction workers and seasonal agricultural
    laborers from Ukraine and Belarus earned less than the minimum wage.
        The law provides for a standard workweek of 40 hours, with an upper
    limit of 48 hours including overtime. The law requires premium pay for
    overtime hours, but there were reports that this requirement was often
    ignored. The law provided for workers to receive at least 11 hours of
    uninterrupted rest per day and 35 hours of uninterrupted rest per week.
        The law defines strict and extensive minimum conditions to protect
    worker health and safety. It empowers the State Labor Inspectorate to
    supervise and monitor implementation of worker health and safety laws
    and to close workplaces with unsafe conditions. However, the
    inspectorate was unable to monitor workplace safety adequately. In 2009
    the Government Statistics Office reported less than 90,000 victims of
    workplace accidents, a decrease of 17,000 from 2008. The inspectorate
    investigated 2,354 accidents in which there were 2,951 injuries,
    including 505 workers killed and 969 persons seriously injured.
    Employers routinely exceeded standards for exposure to chemicals, dust,
    and noise. According to the inspectorate, lack of professional
    experience, necessary safety precautions, and organization were the
    leading causes of workplace accidents. The majority of accidents occur
    in mining, trade, and services.
        The law permits workers to remove themselves from dangerous working
    conditions without losing their jobs; however, they were unable to do
    so in practice without jeopardizing their employment.

                                   __________

                                    PORTUGAL

        Portugal , including the Azores and Madeira islands, has a
    population of 10.7 million and is a constitutional democracy with a
    president, a prime minister, and a parliament elected in multiparty
    elections. National parliamentary elections in September 2009 were free
    and fair. Security forces reported to civilian authorities.
        There were human rights problems in some areas. Police and prison
    guards occasionally beat or otherwise abused detainees and prisoners,
    incarcerated minors were not held separately from adults, pretrial
    detainees were held with convicted criminals, and prison conditions
    were poor. Other problems included violence against women and children,
    discrimination against women, and trafficking in persons for sexual
    exploitation and forced labor.
                            respect for human rights
    Section 1. Respect for the Integrity of the Person, Including Freedom
            From:

        a. Arbitrary or Unlawful Deprivation of Life.--The Government or
    its agents did not commit any politically motivated killings; however,
    according to media reports security forces shot and killed at least
    four persons during the year. The Government investigated all cases of
    killings by security forces. In one case, a rapper, Nuno ``Snake''
    Rodrigues, died during a car chase. After the investigation, the police
    officer involved was accused of manslaughter and was awaiting trial at
    the end of the year.

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

        c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
    Punishment.--The constitution and law prohibit such practices; however,
    there were credible reports of excessive use of force by police and of
    mistreatment and other forms of abuse of detainees by prison guards.
        In March 2009 the Council of Europe's Committee for the Prevention
    of Torture (CPT) released a report on the 2008 visit to a number of
    prisons and detention centers in the country. During the visit the
    delegation received numerous allegations of physical and verbal
    mistreatment of detainees by law enforcement officials and expressed
    concern over the large number of nonstandard objects (baseball bats, a
    plastic pistol, telescopic batons, and cudgels) it found in rooms used
    by police for interrogations.
        There were credible reports, including in the media, of excessive
    use of force by members of the security forces. During the year the
    Inspectorate General of Internal Administration (IGAI) investigated
    reports of mistreatment and abuse by police and prison guards.
    Complaints included physical abuse, threatening use of firearms,
    excessive use of force, illegal detention, and abuse of power. The
    majority of the complaints were against the Public Security Police
    (PSP) and the Republican National Guard (GNR)--314 and 207 complaints,
    respectively, in 2009, the most recent year for which statistics were
    available. The IGAI investigated each complaint, and punishments for
    officers found to have committed abuses ranged from temporary
    suspension to prison sentences. During 2009, 562 investigations against
    all security forces took place. Types of punishment handed down
    included letters of reprimand, temporary suspension of duties, prison
    sentences, mandatory retirement with wage cuts, and discharge from the
    security forces.

        Prison and Detention Center Conditions.--There were reports that
    guards mistreated prisoners at some prisons. Other problems included
    overcrowding, inadequate facilities, poor health conditions, and
    violence among inmates. There were high rates of HIV/AIDS and hepatitis
    C in the country's prisons.
        In 2009, the latest year for which data are available, there were
    56 deaths in the country's prisons. According to the Directorate-
    General of Prison Services, 40 were caused by illness and the other 16
    by suicide. The majority of deaths due to illness were caused by
    infectious diseases associated with drug abuse; approximately 10
    percent of the prison population has HIV/AIDS, and more than half of
    these (57 percent) are also infected with hepatitis C. A 2008 report by
    the office of the Ombudsman for Justice considered the country's prison
    death rate generally high compared to European standards.
        In its 2009 report the CPT stated it received a number of
    allegations of physical mistreatment of prisoners by custodial staff at
    the Monsanto high security and Coimbra central prisons, as well as, to
    a lesser extent, the Oporto Central Prison. The allegations involved
    punches, kicks, and blows with batons to prisoners after they had been
    brought under control, in some cases apparently requiring medical
    treatment for the prisoner.
        According to the Directorate-General of Prison Services, on October
    15, there were 11,573 prisoners and detainees in the country's prisons
    (94.7 percent men and 5.3 percent women), 95 of whom were youths
    between 16 and 18 years old (94 men and one woman). The maximum number
    of prisoners facilities can accommodate is 11,921. During the year the
    prison system operated at 95.8 percent of capacity. There was a youth
    prison in Leiria, but elsewhere in the prison system juveniles were
    sometimes held with adults. Pretrial detainees were held with convicted
    criminals.
        Under the Government's ``open regime'' system, prisoners may earn
    the right to work outside of the prison and to see their families on a
    regular basis.
        Prisoners and detainees had reasonable access to visitors and were
    permitted religious observance. Authorities permitted prisoners and
    detainees to submit complaints to judicial authorities without
    censorship and to request investigation of credible allegations of
    inhumane conditions. Authorities investigated credible allegations of
    inhumane conditions and documented the results of such investigations
    in a publicly accessible manner. The Government investigated and
    monitored prison and detention center conditions.
        An ombudsman can serve on behalf of prisoners and detainees to
    consider such matters as alternatives to incarceration for nonviolent
    offenders to alleviate overcrowding; addressing the status and
    circumstances of confinement of juvenile offenders; and improving
    pretrial detention, bail, and recordkeeping procedures to provide
    assurance that prisoners do not serve beyond the maximum sentence for
    the charged offense.
        The Government permitted visits by independent human rights
    observers, and prisons were visited during the year by university
    researchers and news media.
        Most of the guidelines and legislative proposals the Government
    adopted in 2004 to reform the prison system were not applied in
    practice. However, some improvements were made during the year,
    including the implementation of a revised plan for the prevention and
    control of circulation of drugs, the approval and implementation of an
    improved health-care manual, an increase in the number of volunteer
    programs, and an increase in professional training courses.
        Due to a considerable increase in predicted total costs, the
    Government cut back on the five-year prison reform plan adopted in
    2008. Only four of the 10 new prisons originally projected will be
    built, and two rather than three will be renovated. The goal of the
    reform was to increase security, improve detainee conditions,
    rationalize financial and human resources, and improve working
    conditions of prison staff.

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

        Role of the Police and Security Apparatus.--There were
    approximately 50,000 law enforcement officials, including police and
    prison guards. The Ministries of Internal Administration and Justice
    are primarily responsible for internal security. The Ministry of
    Internal Administration oversees the GNR, the Foreigners and Borders
    Service (SEF), and the PSP. The SEF has jurisdiction over immigration
    and border problems. The PSP has jurisdiction in cities, and the GNR
    has jurisdiction outside cities. The Judiciary Police are responsible
    for criminal investigations and report to the Ministry of Justice.
        An independent ombudsman chosen by parliament and the IGAI
    investigate complaints of abuse or mistreatment by police. However,
    nongovernmental organizations (NGOs) criticized the slow pace of
    investigations and the lack of an independent oversight agency to
    monitor the IGAI and the Ministry of Internal Administration.

        Arrest Procedures and Treatment While in Detention.--The
    constitution and law provide detailed guidelines covering all aspects
    of arrest and custody, and the authorities generally followed the
    guidelines. Persons can be arrested only on a judicial warrant, except
    that law enforcement officials and citizens may make warrantless
    arrests when there is probable cause that a crime has just been or is
    being committed, or that the person to be arrested is an escaped
    convict or a suspect who escaped from police custody.
        In the country's legal system, the investigating, or examining,
    judge is a central figure. Investigating judges direct inquiries into
    severe crimes or complex inquiries. As members of the judiciary, they
    are independent and outside the domain of the executive branch. They
    are separate from the prosecutors of the Public Prosecutors Office, who
    are supervised by the Ministry of Justice. Under the law an
    investigating judge determines whether an arrested person should be
    detained, released on bail, or released outright.
        Bail exists, but detainees are not released on their own
    recognizance. Depending on the severity of the crime, a detainee's
    release may be subject to various legal conditions.
        Detainees have the right to legal counsel from the time of arrest,
    but police did not always inform detainees of their rights. The
    Government assumed legal costs for indigent detainees.
        A suspect may not be held for more than 48 hours without appearing
    before an investigating judge. Investigative detention for most crimes
    is a maximum of four months; if a formal charge is not filed within
    that period, the detainee must be released. In cases of serious crimes,
    such as murder, armed robbery, terrorism, violent or organized crime,
    and of crimes involving more than one suspect, the investigating judge
    may decide to hold a suspect in detention while the investigation is
    underway for up to 18 months and up to three years in extraordinary
    circumstances.
        A suspect in investigative detention must be brought to trial
    within 14 months of being charged formally. If a suspect is not in
    detention, there is no specified deadline for going to trial.
        In its 2009 report the CPT noted that few detained persons had an
    effective right of access to legal counsel during police custody. While
    police registers indicated that detainees were informed of their right
    to an attorney, a considerable number of detained persons complained
    that, in fact, they had not been informed of their rights. In some
    police stations there was a ``striking discrepancy'' between the number
    of detainees who were recorded as having been informed of their rights
    and the number who actually exercised their rights.
        Lengthy pretrial detention remained a problem. As of October 15,
    2,289 individuals (20 percent of the prison population) were in
    preventive detention, an increase from the previous year. The average
    detention time was eight months; approximately 20 percent of preventive
    detainees spent more than one year in incarceration. Lengthy pretrial
    detention is usually due to lengthy investigations and legal
    procedures, judicial inefficiency, or staff shortages. If a detainee is
    convicted, pretrial detention counts against a prison sentence. If
    found innocent, a detainee has the right to request compensation.

        e. Denial of Fair Public Trial.--The constitution and law provide
    for an independent judiciary, and the Government generally respected
    judicial independence in practice.
        Observers, including the media, business corporations, and legal
    observers, estimated the backlog of cases awaiting trial to be at least
    a year.

        Trial Procedures.--The constitution provides for the right to a
    fair trial, and an independent judiciary generally enforced this right
    in practice. All defendants are presumed innocent. Jury trials are rare
    in criminal cases. When the crime in question is punishable by a prison
    sentence whose maximum limit is more than eight years, either the
    public prosecutor or the defendant may request a jury trial. Juries
    consist of three judges and four public members.
        Trials are public. Defendants have the right to be present at their
    trial and to consult with an attorney upon arrest, at government
    expense if necessary. They can confront and question witnesses against
    them, present evidence on their own behalf, and have access to
    government-held evidence. Those convicted have the right of appeal. The
    law extends these rights to all citizens and foreign residents.

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

        Regional Human Rights Court Decisions.--During the year the
    European Court of Human Rights (ECHR) found against the Government in
    15 cases. Some cases involved multiple violations of the Government's
    obligations under the European Convention on Human Rights. Eight
    involved the length of proceedings, six the right to own property, five
    the right to effective legal recourse, and two the freedom of
    expression. In 2009 the ECHR issued 17 judgments that found at least
    one violation by the Government. The judgments found 10 violations
    involving protection of property, three violations involving length of
    legal proceedings, and two violations each of the right to a fair trial
    and freedom of expression. The Government complied with the court's
    decisions.

        Civil Judicial Procedures and Remedies.--There is an independent
    and impartial judiciary in civil matters. All persons, both citizens
    and foreign residents, have access to a court to bring lawsuits seeking
    damages for, or cessation of, a human rights violation. Civil cases do
    not have jury trials. There are administrative as well as judicial
    remedies for alleged wrongs.

        f. Arbitrary Interference with Privacy, Family, Home, or
    Correspondence.--The constitution and law prohibit such actions, and
    the Government generally respected these prohibitions in practice.
    Section 2. Respect for Civil Liberties, Including:

        a. Freedom of Speech and Press.--The constitution and law provide
    for freedom of speech and of the press, and the Government generally
    respected these rights in practice. An independent press, an effective
    judiciary, and a functioning democratic political system combined to
    ensure freedom of speech and of the press. According to the European
    Federation of Journalists, the law requires journalists to surrender
    confidential information and to disclose sources in criminal cases.
    Thus far, however, the statute has been neither invoked nor tested.

        Internet Freedom.--There were neither government restrictions on
    access to the Internet nor 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 International Telecommunication Union statistics for 2009,
    approximately 48 percent of the country's inhabitants used the
    Internet.

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

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

        c. Freedom of Religion.--For a complete description of religious
    freedom, please see the 2010 International Religious Freedom Report at

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

        Protection of Refugees.--The country's laws provide for the
    granting of asylum or refugee status. The Government has established a
    system for providing protection to refugees, and it is active and
    accessible.
        The Government considers other EU countries to be safe countries of
    origin. In accordance with EU law, it returned applicants for asylum to
    their country of entry into the EU for adjudication of their requests.
        In practice the Government provided protection against the
    expulsion or return of refugees to countries where their lives or
    freedom would be threatened on account of their race, religion,
    nationality, membership in a particular social group, or political
    opinion.
        In addition to refugees and applicants for political asylum, the
    Government also provided temporary protection to individuals who may
    not qualify as refugees. The country granted humanitarian protection to
    45 persons in 2009 and to 18 persons in the first six months of the
    year. In 2009 the country granted asylum to 14 persons and, during the
    first six months of 2009, to three persons.
    Section 3. Respect for Political Rights: The Right of Citizens to
            Change Their Government
        The constitution and law provide citizens with the right to change
    their government peacefully, and citizens exercised this right in
    practice through periodic, free, and fair elections based on universal
    suffrage.

        Elections and Political Participation.--In September 2009 the
    country held national parliamentary elections that were considered free
    and fair. The Office for Democracy and Human Rights of the Organization
    for Security and Cooperation in Europe (OSCE) assessed the conduct of
    the elections positively but noted that independent candidates were
    barred from the contest in contravention of the country's OSCE
    commitments and that there were some problems with voters' lists.
    Political parties operated without restriction or outside interference.
        Madeira last held elections in 2007. The most recent elections in
    the Azores were in 2008. Both were considered free and fair.
        The law reserves to each gender a minimum of one-third of the
    places on electoral lists in national, local, and European
    parliamentary elections. There were 68 women in the 230-member
    parliament and five women in the 17-seat cabinet. There was one member
    of a minority group in the parliament; there were none in the cabinet.
    Section 4. Official Corruption and Government Transparency
        The law provides criminal penalties for official corruption, and
    the Government generally implemented these laws effectively. There were
    no reports of corruption in the executive or legislative branches of
    the central government during the year. However, there were media
    reports of corruption involving local government officials.
        The highest profile corruption cases involved two city mayors,
    Valentim Loureiro and Isaltino Morais. In July 2009 Loureiro, the
    Social Democratic Party mayor of Gondomar and chairman of the board of
    the country's professional soccer league, was given a suspended prison
    sentence of three years and two months for corruption and influencing
    soccer referees. After Loureiro appealed, the higher court replaced the
    sentence with a fine of 30,000 euros ($40,000). In August 2009 Morais
    (Independent), the mayor of Oeiras, was sentenced to seven years in
    prison for tax evasion, abuse of power, corruption, and money
    laundering and was fined 463,000 euros ($620,000). His appeal resulted
    in a reduction of the prison sentence to two years, an acquittal of the
    charge of abuse of power, and a reduction of the fine to 197,266 euros
    ($264,336).
        Public officials were subject to financial disclosure laws. The
    Central Directorate for Combating Corruption, Fraud, and Economic and
    Financial Crime is the Government agency responsible for combating
    corruption.
        The constitution and law provide for public access to government
    information, and the Government provided access in practice for
    citizens and noncitizens, including foreign media.
    Section 5. Governmental Attitude Regarding International and
            Nongovernmental Investigation of Alleged Violations of Human
            Rights
        A number of domestic and international human rights groups
    generally operated without government restriction, investigating and
    publishing their findings on human rights cases. Government officials
    were generally cooperative and responsive to their views.
        The country has an independent human rights ombudsman appointed by
    parliament who is responsible for defending the human rights, freedom,
    and legal rights of all citizens. The ombudsman's office operated
    independently and with the cooperation of the Government.
        The ombudsman had adequate resources and published mandatory annual
    reports as well as special reports on such problems as women's rights,
    prisons, health, and the rights of children and senior citizens.
        The parliament's First Committee for Constitutional Issues, Rights,
    Liberties, and Privileges exercises oversight over human rights
    problems. It drafts and submits bills and petitions for parliamentary
    approval. During the year new laws went into effect in areas including
    protection of common-law marriages, enforcement of prison sentences,
    and regulation of immigrant workers and minors born in the country to
    immigrant parents.
    Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
        The constitution and law prohibit discrimination based on race,
    gender, disability, language, and social status, and the Government
    effectively enforced these prohibitions.

        Women.--The law makes rape, including spousal rape, illegal, and
    the Government generally enforced the law when the victim chose to
    press charges and the cases were not settled out of court through
    mediation by both parties' lawyers. During 2009, the latest year for
    which data is available, 188 cases of rape were reported to the
    Association for Victim Support (APAV), a nonprofit organization that
    provides confidential and free services nationwide to victims of any
    type of crime; 139 of the cases were linked to domestic violence. In
    2008, 193 such cases were reported (132 linked to domestic violence).
        Violence against women, including domestic violence, continued to
    be a problem. Penalties for violence against women range up to 10
    years' imprisonment.
        During 2009, 15,904 domestic violence crimes were reported to the
    APAV, for a total of 6,682 cases; 88 percent of the victims were women.
    According to NGOs and media reports, there were 41 deaths related to
    domestic violence during the year.
        The law provides for criminal penalties in cases of violence by a
    spouse, and the judicial system prosecuted persons accused of abusing
    women; however, traditional societal attitudes discouraged many abused
    women from using the judicial system. According to data from the
    Ministry of Justice, in 2008, the last year for which data was
    available, 1,157 individuals were convicted of domestic violence
    crimes, of a total of 2,430 domestic violence court cases.
        The Government encouraged abused women to file complaints with the
    appropriate authorities and offered the victim protection against the
    abuser. In addition legislation allows third parties to file domestic
    violence reports. The Government's Commission for Equality and Women's
    Rights operated 14 safe houses for victims of domestic violence and
    maintained an around-the-clock telephone service. Safe house services
    included food, shelter, and health and legal assistance. The
    Government-sponsored Mission Against Domestic Violence conducted an
    awareness campaign against domestic violence, trained health
    professionals, proposed legislation to improve legal assistance to
    victims, increased the number of safe houses for victims of domestic
    violence, and signed protocols with local authorities to assist
    victims.
        Sexual harassment is a crime. Penalties for sexual harassment range
    from one to eight years in prison. If perpetrated by a superior in the
    workplace, the penalty is up to two years in prison, or more in cases
    of aggravated coercion.
        The Commission on Equality in the Workplace and in Employment,
    composed of representatives of the Government, employers'
    organizations, and labor unions, examines, but does not adjudicate,
    complaints of sexual harassment. During the year reporting of sexual
    harassment rose. In 2007 more than 300 cases of sexual harassment were
    reported to the Authority for Labor Conditions (ACT) of the Ministry of
    Labor and Social Solidarity; three of these resulted in the dismissal
    of the perpetrator.
        Couples and individuals have the right to decide freely and
    responsibly the number, spacing, and timing of their children, and to
    have the information and means to do so free from discrimination,
    coercion, and violence. There was easy access to contraception.
    According to the UN Population Fund (UNFPA), 67 percent of women used
    some kind of contraception. UNFPA statistics stated that skilled
    attendants assisted all childbirths in the country in 2009, the last
    year for which data is available, and that there were seven maternal
    deaths per 100,000 live births in the country in the same year. Women
    were diagnosed and treated for sexually transmitted infections,
    including HIV, equally with men.
        The civil code provides women full legal equality with men;
    however, in practice women experienced economic and other forms of
    discrimination. According to 2009 National Statistics Institute data,
    women made up 47 percent of the working population and were
    increasingly represented in business, science, academia, and the
    professions, but their average salaries were approximately 23 percent
    lower than men's.
        The State Secretary for Equality addresses, among other topics,
    problems such as economic discrimination and the integration of women
    into the mainstream of society.

        Children.--Citizenship is derived by birth within the country's
    territory and from one's parents.
        Child abuse was a problem. The APAV reported 611 crimes against
    children under the age of 18 during 2009, the latest year for which
    data was available. Approximately 90 percent of the cases involved
    domestic violence.
        On September 3, a Lisbon court convicted six of seven defendants
    charged in a high-profile, child sexual abuse case involving a
    pedophilia ring at the state-run Casa Pia children's home. The
    convicted defendants were sentenced to prison terms ranging from five
    to 18 years. Long-time Casa Pia driver Carlos Silvino, the primary
    defendant, was convicted on 126 counts (including sexual abuse,
    procuring children for abuse, and pornography), sentenced to 18 years
    in prison, and ordered to pay each of his 20 victims 15,000 euros
    ($20,100). Television personality Carlos Cruz was convicted of three
    counts of sexual abuse against two children, sentenced to seven years
    in prison, and ordered to pay each of his victims 28,000 euros
    ($37,500). Former ambassador Jorge Ritto was convicted of three crimes,
    was sentenced to more than six years in prison, and was ordered to pay
    his one victim 25,000 euros ($33,500). The other three defendants were
    convicted of two to four crimes each and sentenced to between five and
    seven years in prison. All six of the convicted defendants announced
    that they would appeal. The seventh defendant, Gertrudes Nunes, who
    allegedly allowed her home to be used for abuse, was acquitted. The
    country's longest-ever criminal trial had more than 900 witnesses,
    including 32 victims, and lasted more than eight years.
        There were reports that Romani parents used minor children for
    street begging.
        Statutory rape is a crime. Minimum age for legal consensual sex is
    16 years of age. Penalties for statutory rape range up to 10 years in
    prison. The law prohibits child pornography; penalties range to eight
    years in prison.
        The country is a party to the 1980 Hague Convention on the Civil
    Aspects of International Child Abduction. For information on
    international parental child abduction, please see the Department of
    State's annual report on compliance at http://travel.state.gov/
    abduction/resources/congressreport/congressreport--4308.html.

        Anti-Semitism.--The Jewish community in the country was estimated
    at 3,000. There were no reports of anti-Semitic acts during the year.
    The Government does not collect such statistics, and none was reported
    to the ombudsman.
        There were no reports of societal abuses or discrimination based on
    religious affiliation, belief, or practice.

        Trafficking in Persons.--For information on trafficking in persons,
    please see the Department of State's annual Trafficking in Persons
    Report at www.state.gov/g/tip.

        Persons With Disabilities.--The constitution and law prohibit
    discrimination against persons with physical, sensory, intellectual,
    and mental disabilities in employment, education, access to health
    care, and the provision of other state services or other areas. The
    Government effectively enforced the law. The law also mandates access
    to public buildings for persons with disabilities, and the Government
    implemented these provisions in practice; however, no such legislation
    covers private businesses or other facilities.
        The Ministry of Labor and Social Solidarity oversees the National
    Bureau for the Rehabilitation and Integration of Persons with
    Disabilities, which is responsible for the protection, professional
    training, rehabilitation, and social integration of persons with
    disabilities, as well as for the enforcement of related legislation.

        National/Racial/Ethnic Minorities.--The Government estimated the
    Romani population of the country to be between 40,000 and 50,000
    persons.
        On April 29, the European Committee of Social Rights accepted a
    complaint from the European Roma Rights Center (ERRC) which alleged
    violations of the European Social Charter by the Government. The ERRC
    claimed that the Government's resettlement programs for Roma excluded
    persons not included in the original census of informal Romani
    encampments, provided inadequate financing of rehousing projects,
    failed to be implemented by local authorities, and perpetuated spatial
    and social segregation of Roma because resettlement areas were located
    on the outskirts of cities, with poor infrastructure, limited or no
    access to public services, and often inadequately sized dwellings. In
    addition the complaint accused the Government of failing to improve the
    ``deplorable'' living conditions in informal Romani encampments, which
    frequently lacked access to potable water, electricity, sewage removal,
    and sanitary facilities. On November 30, the Government submitted its
    official response to the case.

        Societal Abuses, Discrimination, and Acts of Violence Based on
    Sexual Orientation and Gender Identity.--During the year a number of
    gay pride parades took place in the country with no reported incidents.
        There was no official or societal discrimination based on sexual
    orientation in employment, housing, statelessness, or access to
    education or health care. On August 4, according to the NGO ILGA-
    Portugal, the state secretary for equality called on the Portuguese
    Blood Institute to remove questions about sexual orientation from
    questionnaires filled out by blood donors.

        Other Societal Violence or Discrimination.--There were no reports
    of societal violence or discrimination against persons with HIV/AIDS.
    Section 7. Worker Rights

        a. The Right of Association.--The law recognizes workers' right to
    form and join independent unions of their choice without previous
    authorization or excessive requirements, and workers exercised this
    right in practice; members of the armed forces are excluded from this
    provision. Approximately 35 percent of the workforce was unionized. The
    law allows unions to conduct their activities without interference, and
    the Government protected this right in practice.
        The law provides for the right to strike, and workers exercised
    this right in practice. If a long strike occurs in an essential sector
    such as justice, health, energy, or transportation, the Government may
    order strikers back to work for a specified period. The Government has
    rarely invoked this power. Police may join unions and have recourse
    within the legal system, but they may not strike.

        b. The Right to Organize and Bargain Collectively.--The
    constitution and the labor code recognize and protect the right to
    bargain collectively, and these laws were effectively enforced.
    Collective bargaining was freely practiced. Collective bargaining
    agreements covered approximately 90 percent of the workforce.
        The law prohibits antiunion discrimination, and there were few
    reports that it occurred.
        There are two foreign trade zones in the island autonomous regions
    of Madeira and the Azores. There are no special laws or exemptions from
    regular labor laws in export processing zones.

        c. Prohibition of Forced or Compulsory Labor.--The law prohibits
    forced and compulsory labor, including by children; however, there were
    reports that such practices occurred. Women, men, and children were
    trafficked for forced labor. Men from Eastern Europe (typically from
    Ukraine, Moldova, Russia, and Romania) and African Portuguese speaking
    countries were, through fraud, coercion, and debt bondage, subjected to
    conditions of forced labor in the farming and construction industries.
    Police and NGOs have also reported that family networks brought
    approximately 50 to 100 Romani children to the country and forced them
    to work as street beggars. Also see the Department of State's annual
    Trafficking in Persons Report at www.state.gov/g/tip.

        d. Prohibition of Child Labor and Minimum Age for Employment.--The
    Government effectively enforced laws and policies to protect children
    from exploitation in the workplace.
        The minimum working age is 16 years old. The ACT of the Ministry of
    Labor and Social Solidarity registered four cases of child labor during
    the first six months of 2009. In recent years there has been a greater
    social consciousness of child labor problems, increased awareness
    through government campaigns, and a reinforcement of investigations.
    However, there were reports that Romani parents used minor children for
    street begging.
        The Government's principal entity to investigate and respond to
    reports of illegal child labor is the ACT. The ACT sponsors and
    finances the Integrated Program for Education and Professional
    Training, which attempts to return minors who are victims or at risk of
    child labor to school. During the year the program worked with 2,500
    students, 70 percent of whom were boys; approximately 51 percent of the
    students were in the 16- to 17-year age group and 46 percent were in
    the 13- to 15-year age group. The Ministry of Labor and Social
    Solidarity is responsible for enforcing child labor laws, and generally
    did so effectively.

        e. Acceptable Conditions of Work.--The minimum wage, which covers
    full-time workers, rural workers, and domestic employees who are 18
    years of age and older, was 475 euros (approximately $637) per month
    and did not provide a decent standard of living for a worker and
    family. According to the European Working Conditions Observatory, 10
    percent of employed persons were at risk of poverty. However,
    widespread rent controls and subsidies on basic food and utilities
    raised the standard of living. Most workers received higher wages; in
    2008 the Ministry of Labor and Social Solidarity calculated the average
    monthly salary of workers, excluding public servants, to be 1,072 euros
    (approximately $1,436).
        The legal workday may not exceed 10 hours, and the maximum workweek
    is 40 hours. There is a maximum of two hours of paid overtime per day
    and 200 hours of overtime per year, with a minimum of 12 hours' rest
    between workdays. Premium pay for overtime worked on a rest day or
    public holiday is 100 percent; overtime performed on a normal working
    day is paid at a premium of 50 percent for the first hour and 75
    percent for subsequent time worked. The Ministry of Labor and Social
    Solidarity effectively monitored compliance through its regional
    inspectors.
        Employers are legally responsible for accidents at work and are
    required by law to carry accident insurance. The ACT develops safety
    standards and is responsible for their enforcement. The ACT's
    inspectors sufficiently and regularly monitored these standards both
    proactively according to regulations and advanced scheduling, and
    reactively in response to complaints filed. Inspection findings were
    generally effectively enforced. According to the ACT there were 115
    deaths from work-related accidents in 2009. Workers injured on the job
    rarely initiated lawsuits, as insurance policies covering medical and
    compensation costs covered the majority of workers. Workers have the
    right to remove themselves from situations that endanger health or
    safety without jeopardy to their employment, and authorities
    effectively enforced this right.

                                   __________

                                    ROMANIA

        Romania is a constitutional democracy with a multiparty,
    parliamentary system and a population of approximately 22.2 million.
    The bicameral Parliament (Parlament) consists of the Senate (Senat) and
    the Chamber of Deputies (Camera Deputatilor); both are elected by
    popular vote. The November-December 2009 presidential elections were
    judged generally free and fair. Security forces reported to civilian
    authorities.
        There were reports that police and gendarmes mistreated and
    harassed detainees and Roma. Prison conditions remained poor. The
    judiciary lacked impartiality and was sometimes subject to political
    influence. Property restitution remained extremely slow, and the
    Government failed to take effective action to return Greek Catholic
    churches confiscated by the former Communist government in 1948. A
    restrictive religion law remained in effect. Government corruption
    remained a widespread problem. There were continued reports of violence
    and discrimination against women as well as child abuse. Occasional
    anti-Semitic incidents involving the desecration of religious property
    occurred, along with some lightly attended events hosted by extremist
    organizations. Persons were trafficked for labor, sexual exploitation,
    and forced begging. Government agencies provided inadequate assistance
    to persons with disabilities and neglected persons with disabilities
    who were institutionalized. Societal discrimination against Roma; gay,
    lesbian, bisexual, and transgender persons; and persons with HIV/AIDS,
    particularly children, remained problems.
                            respect for human rights
    Section 1. Respect for the Integrity of the Person, Including Freedom
            From:

        a. Arbitrary or Unlawful Deprivation of Life.--The Government or
    its agents did not commit any politically motivated killings; however,
    there were reports that police officers shot and killed at least one
    man.
        On April 6, a police officer fired his weapon in an attempt to stop
    a car with three suspects during an attempted theft in the locality of
    Glodeanu Silistea, Buzau County. The suspects did not stop the car and
    one of them, a 20-year-old person, was shot and died at a hospital
    later the same day. Police, coordinated by a prosecutor, opened an
    investigation into the manner in which the officer used his weapon. The
    officer was under criminal investigation for murder at the year's end.
        In April a court in Galati sentenced a police officer who shot a
    28-year-old man, Ciprian Musat, in the village of Oancea, Galati
    County, in August 2009 to an eight-year term in prison and ordered the
    payment of 37,000 lei (approximately $11,500) to the victim's family.
    In November, following separate appeals from the prosecutor's office
    and the defendant, the Court of Appeal in Galati increased the jail
    term to 10 years and the compensation to 55,000 lei (approximately
    $17,000). The case was before the High Court of Cassation and Justice
    at year's end.
        In September 2009 a Bucharest police officer shot a 31-year-old
    man, Sorin Parvu, in Braila, having mistaken him for an individual who
    had committed a killing. Parvu died the following day. The Prosecutor's
    Office to the Court of Appeal in Galati initiated a criminal
    investigation into Parvu's death. In April, Parvu's wife complained to
    the Association for the Defense of Human Rights in Romania-Helsinki
    Committee (APADOR-CH) about the pace of the investigation. After she
    repeatedly requested information about the progress of the
    investigation, the Prosecutor's Office informed her on May 12 that the
    case had been sent to the Prosecutor's Office to the High Court of
    Cassation and Justice. APADOR-CH urged the Prosecutor's Office to speed
    up the investigation. In June the Prosecutor's Office to the High Court
    of Cassation and Justice started the criminal prosecution of the police
    officer for murder.

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

        c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
    Punishment.--The constitution and law prohibit such practices; however,
    there were reports from nongovernmental organizations (NGOs) and the
    media that police mistreated and abused detainees and Roma, primarily
    through excessive force and beatings. There were also reports that some
    personnel in state institutions mistreated abandoned children with
    physical disabilities and subjected children in state orphanages to
    lengthy incarceration as punishment for misbehavior (see section 6,
    Persons with Disabilities).
        Pretrial detainees complained to human rights NGOs that police beat
    them during pretrial investigations.
        There were no developments in the alleged beating of Emil Baboi by
    police in January 2009, or in the July 2009 case the use of tear gas by
    police following a raid in a Romani neighborhood in Piatra Neamt.
        There were no developments in the 2008 cases in which police
    allegedly beat an individual in Campulung Muscel, a group of Roma in
    Satu Mare, and an individual in Bucharest.

        Prison and Detention Center Conditions.--Prison conditions remained
    harsh and at times did not meet international standards. The Government
    permitted monitoring visits by independent human rights observers, and
    such visits occurred during the year. During the year authorities
    improved conditions in some prisons.
        As of December 28, according to the National Administration of
    Penitentiaries of the Ministry of Justice, there were 28,218 persons,
    including 463 minors, in prison or juvenile detention facilities in a
    system with a stated capacity of 34,896 beds. Although, according to
    the official figures, overcrowding did not represent a serious problem
    overall, there were prisons where the standard of 43 square feet per
    prisoner recommended by the Council of Europe's Committee for the
    Prevention of Torture (CPT) was not observed.
        The media and human rights organizations reported that the abuse of
    prisoners by authorities and other prisoners continued to be a problem.
    According to media and NGO reports, prisoners frequently assaulted and
    abused their fellow inmates, and prison authorities tried to cover up
    such incidents. During the year the media reported that one prisoner,
    Constantin Sandu, died on June 4 in Galati penitentiary after being
    restrained by the prison guards. An internal investigation by the
    National Administration of Penitentiaries revealed that 16 members of
    the prison staff had treated prisoners poorly and that those in higher
    positions tolerated their subordinates' abuse of office. On August 5,
    two prison guards who allegedly beat the prisoner were arrested for
    manslaughter. Their superior, who did not report the incident, was
    arrested for complicity.
        According to human rights NGOs, there was some progress with regard
    to the implementation of the four detention regimes: closed,
    semiclosed, semiopen, and open. Prisoners assigned to semiopen and open
    regimes reportedly began to benefit from placement in the type of
    prison appropriate to their sentence. However, APADOR-CH criticized the
    placement of some prisoners in prisons far from their hometowns because
    prisoners were not allowed to receive packages by mail.
        Other NGOs stated that detention conditions did not improve during
    the year, a situation that prison authorities attributed to a shortage
    of funds.
        The Government continued efforts, including through partnerships
    with NGOs, to alleviate harsh conditions; to improve the condition of
    detention rooms; to provide more daily activities, training courses,
    and educational programs to prisoners; and to deter the spread of HIV
    and tuberculosis.
        In September 2009 the country's representative in the World Health
    Organization declared that the tuberculosis control program was
    successfully implemented in penitentiaries and that the proportion of
    prisoners suffering from tuberculosis had fallen to 2 percent.
        In 2009 APADOR-CH reported that prison meals did not provide the
    minimum necessary calories, that water at some prisons was unsuitable
    for drinking, and that the kitchens in many facilities were infested
    with mold. In addition, according to APADOR-CH, the practice of
    labeling certain prisoners as ``dangerous'' remained a problem in the
    absence of clear standards for such classification. Prisoners labeled
    dangerous were subjected to a variety of restrictions beyond those
    experienced by the general prison population and had no right to appeal
    that determination. NGOs also criticized the practice of subjecting
    prisoners to multiple punishments for a single act of misbehavior.
        APADOR-CH continued to criticize the conditions in police detention
    facilities, noting poor sanitation conditions, the lack of health care
    and medication, the presence of surveillance equipment in detention
    rooms, the lack of natural light, and the absence of activities for
    those detained. Some prisons did not provide for the confidentiality of
    discussions between prisoners or detainees and their lawyers in person
    or via telephone.
        The Government permitted prison visits by human rights observers,
    foreign government officials, and media representatives, and such
    visits took place during the year. A CPT delegation carried out a
    periodic visit to the country on September 5-16. The report of the
    delegation's visit was not released as of year's end. However, in
    October the CPT sent the Government a document stating that in general
    detention conditions met CPT requirements and that the detainees'
    rights were respected. There were allegations of mistreatment in some
    prisons, and some prisoners complained about restrictions of the right
    to visits and about violence among detainees. Following the CPT
    delegation's visit, according to the Ministry of Justice, the National
    Administration of Penitentiaries took measures to improve the poor
    conditions in the juvenile detention unit at Rahova Prison. It moved
    the minors to other prisons and performed extensive repair work during
    the last two months of the year.
        The regulations allow all religious groups unrestricted access to
    prisoners.

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

        Role of the Police and Security Apparatus.--The Ministry of the
    Administration and Interior is responsible for the national police, the
    gendarmerie, the border police, the Office for Immigration, the General
    Directorate of Information and Internal Protection (which oversees the
    collection of intelligence on organized crime and corruption), and the
    General Anticorruption Directorate. The national police agency is the
    Inspectorate General of Police, which is divided into specialized
    directorates and has 42 regional directorates for the counties and the
    city of Bucharest. The internal intelligence service also collects
    information on major organized crime, major economic crimes, and
    corruption.
        While police usually followed the law and internal procedures,
    police impunity remained a problem. Complaints of police misconduct
    were handled by the internal disciplinary councils of the units where
    the reported officers worked.
        Police reform continued during the year, and the police increased
    the hiring of women and minorities. According to police statistics, at
    the end of the year 12 percent of the 54,786-person police force were
    women and 1.2 percent, including 104 Roma, represented members of
    ethnic minorities. A project to promote equal opportunities for
    national minorities for a career in the police structures was
    implemented in Cluj during the year. Police also used Romani mediators
    to facilitate communication between Roma and the authorities and to
    assist in crises. A handbook, Police and Roma/Sinti Population: Good
    Practices in Building Trust and Understanding, was published during the
    year as a tool for the implementation of the Action Plan for Roma and
    Sinti of the Organization for Security and Cooperation in Europe
    (OSCE).

        Arrest Procedures and Treatment While in Detention.--The law
    provides that only judges may issue detention and search warrants, and
    the Government mostly respected this provision in practice. The law
    requires authorities to inform detainees at the time of arrest of the
    charges against them and their legal rights. Police must notify
    detainees of their rights in a language they understand before
    obtaining a statement. Detainees must be brought before a court within
    24 hours of arrest. The law provides for pretrial release at the
    discretion of the court. A bail system also exists; however, it was
    seldom used in practice. Every detainee has the right to counsel and in
    most cases had prompt access to a lawyer of their choice. Indigent
    detainees were provided legal counsel at public expense. Under proper
    procedure, the police officer should inform the detainee upon detention
    or arrest that he has the right not to declare anything before a lawyer
    is present. The same police officer contacts the detainee's lawyer or
    the local bar association to arrange for a lawyer. The detainee meets
    with the lawyer before the first interview, and they have the right to
    discuss in private. The lawyer is present during the interview or
    interrogation. Detainees also had prompt access to their families.
        The law allows police to take any person who endangers the public,
    other persons, or the social order to a police station. There were
    allegations that police often used this provision to hold persons for
    up to 24 hours. Since the person was not formally detained or arrested,
    the right to counsel was not observed. APADOR-CH criticized this
    provision, stating that it leaves room for abuse. Human rights NGOs
    complained that the authorities were frequently able to listen to
    discussions between detainees and their attorneys in police detention
    facilities.
        A judge may order pretrial detention for periods of up to 30 days,
    depending upon the status of the case. The court may extend these time
    periods; however, pretrial detention may not exceed 180 days. Courts
    and prosecutors may be held liable for unjustifiable, illegal, or
    abusive measures.
        In October police signed protocols of cooperation with five human
    rights NGOs that will have access to detention facilities and will be
    entitled to have confidential discussions with detainees.

        Amnesty.--During the year President Basescu pardoned one 26-year-
    old woman on humanitarian grounds.

        e. Denial of Fair Public Trial.--The constitution provides for an
    independent judiciary, and the Government technically respected
    judicial independence in practice. However, the judiciary lacked the
    public's trust that judges were accountable and did not serve political
    or financial interests. There was a widespread public perception that
    the judiciary was corrupt, slow, and often unfair.
        The court of original jurisdiction in a case is determined by the
    nature of the offense and by the position a defendant may hold in
    public service. According to a report by the European Commission
    released in July, the country ``did not show sufficient political
    commitment to support and provide direction to the reform process and
    demonstrated a degree of unwillingness within the leadership of the
    judiciary to cooperate and take responsibility.'' The report also
    stated that ``only limited progress has been achieved since the
    Commission's last report in terms of improving the efficiency of the
    judicial process and the consistency of judicial decisions.'' The
    report noted there was some progress during the year, such as the
    adoption of civil and criminal procedure codes as well as a multiyear
    strategy for reforming the judiciary.
        NGOs and public officials frequently criticized the judicial system
    during the year. The judiciary's oversight body, the Superior Council
    of Magistrates (CSM), failed to create procedures for addressing
    potential conflicts of interest among its members. It also failed to
    identify and discipline misconduct consistently--a significant part of
    its mandate. The CSM's practice of assigning magistrates to nonjudicial
    positions within the judiciary and appointing them to various
    government agencies also contributed to depleting the already
    understaffed courts and prosecutors' offices. The return by the High
    Court of Cassation and Justice of case files to prosecutors for
    additional investigation contributed to frequent delays in court
    procedures and increased the chances of political interference in the
    judicial process. Observers also expressed concern over a lack of
    judicial impartiality, noting that some members of the parliament
    continued to practice as defense attorneys, mostly through their law
    firm associates. In December the Senate validated the election of 11
    members to the CSM. Four of the 11 members were reelected even though
    the law prohibits reelection, and two members (representing civil
    society) were deemed to have conflicts of interest. The Senate's action
    was challenged in the Constitutional Court.

        Trial Procedures.--The constitution and the law provide a
    presumption of innocence until a final judgment by a court. Trials are
    open to the public. The law does not provide for trial by jury.
    Defendants have the right to be present at trial. The law provides for
    the right to counsel and to consult with the attorney in a timely
    manner. The law requires that the Government provide an attorney to
    juveniles in criminal cases; in practice local bar associations
    provided attorneys to indigents and were compensated by the Ministry of
    Justice. Defendants may confront or question witnesses against them,
    present witnesses and evidence on their behalf, and have a court-
    appointed interpreter. Defendants and their attorneys have access to
    government-held evidence relevant to their cases. Both prosecutors and
    defendants have a right of appeal.
        The law provides that civilian prosecutors should investigate
    crimes by national police and prison employees. Military prosecutors
    continued to try cases involving military personnel. Civilian
    prosecutors try other cases involving ``state security'' but not
    military personnel; military courts may not try civilians according to
    the law. Crimes by the gendarmerie continued to fall under military
    jurisdiction. In previous years local and international human rights
    groups criticized the handling of cases by military courts, claiming
    that military prosecutors' investigations were unnecessarily lengthy,
    biased, and often inconclusive. Some lawyers claimed that these
    investigations only served to discredit the reputations of their
    clients rather than hold them accountable for any actual wrongdoing.
        In October the parliament adopted a law to accelerate judicial
    procedures.
        The law extends the rights to a fair trial to all citizens.

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

        Regional Human Rights Court Decisions.--During the year the
    European Court of Human Rights (ECHR) issued 136 judgments that found a
    government violation of one or more rights under the European
    Convention for the Protection of Human Rights and Fundamental Freedoms.
    Of these, 72 judgments referred to the right to a fair trial; 61 to the
    right to property; 21 to the right not to be subjected to torture,
    inhuman or degrading treatment (16 of them referred to inadequate
    prison conditions); and 15 judgments involved the right to freedom and
    safety. The judgments ordered the Government to pay plaintiffs a total
    of approximately 3.6 million euros ($4.8 million).
        On January 12, the ECHR ruled that a Greek Catholic parish in
    Sambata (Bihor County) had suffered discrimination on religious grounds
    and ordered the Government to pay 15,000 euros ($20,100) in
    compensation. The ECHR ruled that the parish had not enjoyed effective
    access to a court because of its affiliation with the Greek Catholic
    Church.
        On October 12, the ECHR ruled on the first case against the
    Government regarding property restitution. The ECHR ruled that the
    country's property restitution system violated two articles of the
    European Convention on Human Rights. The ruling suspended all similar
    Romanian cases before the ECHR during the year and required the
    Government to take measures to remedy the restitution problem within 18
    months, i.e., to establish an effective mechanism of restitution and
    compensation. The ruling did not identify consequences if the
    Government failed to fix the problem.
        During the year the ECHR issued judgments against the Government in
    three cases involving freedom of the press (see Section 2.a.).

        Civil Judicial Procedures and Remedies.--Civil courts functioned in
    every jurisdiction and operated with the same degree of judicial
    independence as criminal courts. Administrative and judicial remedies
    were available for violations of human rights by government agencies.
        Litigants sometimes encountered difficulties enforcing civil
    verdicts because the procedures for enforcement of judgment orders were
    impractical and caused delays.

        Property Restitution.--Under the law claims for property seized by
    the Communist-era government had to be filed with the National
    Restitution Agency in 2001-2003. Of the 202, 267 claims filed for
    restitution of buildings, 120,739 were resolved by the end of the year.
    Of the resolved claims, 44,066 claims were rejected; 51,114 claims
    qualified for restitution with equivalent property; 5,455 claims were
    resolved by restitution in kind and compensation; 277 claims qualified
    for combined measures (i.e., restitution in kind plus compensation with
    other assets); 973 claims qualified for allocation of other assets and
    compensation; 1,848 claims qualified for compensation with other assets
    or services; and 17,006 claims were resolved by return of the
    properties in kind. A February 2009 amendment to the nationalized
    houses law bars the restitution in kind of houses that were bought by
    tenants in good faith. Under the law rightful owners would receive only
    compensation for their property.
        On December 3, the prime minister set up an interministerial
    committee tasked with simplifying the restitution process and making it
    more effective. This followed an ECHR judgment in October in a case
    against the country (see Section 1.e., Regional Human Rights Court
    Decisions).
        Organizations representing former owners continued to assert that
    inertia at the local level hindered property restitution. In many cases
    local government officials continued to delay or to refuse to provide
    necessary documents to former owners filing claims. They also refused
    to return properties in which county or municipal governments had an
    interest.
        In June the Government enacted an emergency ordinance, which
    suspended cash payments to claimants for two years. Recipients were
    still able to receive stock in a property fund.
        There were numerous disputes over many churches that the Orthodox
    Church did not return to the Greek Catholic Church despite court orders
    to do so.

        f. Arbitrary Interference With Privacy, Family, Home, or
    Correspondence.--The constitution prohibits such actions, and the
    Government for the most part respected these prohibitions in practice.
    Nevertheless, there was a widespread perception that illegal
    surveillance still occurred, and there were credible media reports that
    authorities engaged in electronic eavesdropping in circumstances that
    violated these prohibitions.
        The law permits the use of electronic eavesdropping both in
    criminal cases and for national security purposes, but the
    investigating prosecutor must first obtain a warrant from a judge. In
    exceptional circumstances, when delays in getting the warrant would
    seriously affect a criminal investigation, prosecutors may begin
    interception without a judicial warrant. However, they must submit a
    request for retroactive authorization within 48 hours. Under the
    national security law, a prosecutor may authorize the issuance of a
    warrant for an initial period of six months, which can be extended
    indefinitely in three-month increments without judicial approval. Some
    human rights NGOs noted the contradictions between the two sets of laws
    in the requirement to obtain judicial approval for wiretaps.
        The lawsuit filed by businessman Dinu Patriciu against the Romanian
    Intelligence Service (SRI) for illegally tapping his telephones
    continued. On November 4, the Constitutional Court rejected the claim
    of unconstitutionality filed by the High Court of Cassation and Justice
    on March 26 while it was hearing the SRI's appeal regarding three
    articles of the law on the protection of classified information.
    Section 2. Respect for Civil Liberties, Including:

        a. Freedom of Speech and Press.--The constitution provides for
    freedom of speech and of the press, and the Government generally
    respected these rights in practice. Journalists and private citizens
    could criticize government authorities, including those at senior
    levels. There were isolated instances when authorities intimidated or
    censored the press or verbally attacked journalists.
        Laws restricting freedom of speech continued to cause concern among
    the media and NGOs. Insulting the state insignia (the coat of arms,
    national flag, or national anthem) is an offense punishable by
    imprisonment. The religion law includes a provision that forbids acts
    of ``religious defamation'' and ``public offense to religious
    symbols.'' The law also prohibits public denial of the Holocaust. There
    were no prosecutions or convictions under any of these statutes during
    the year.
        The independent media were active and expressed a wide variety of
    views without overt restriction. However, politicians and others with
    close ties to various politicians and political groups either owned or
    indirectly controlled numerous media outlets outside of the capital,
    and the news and editorial tone of these outlets frequently reflected
    the views of the owners. The tendency towards the concentration of
    national news outlets in the hands of a few wealthy individuals
    continued.
        During the year there were a number of instances when public
    officials and politicians insulted or harassed journalists.
        On March 10, Romanian EU parliamentarian George Becali made vulgar
    comments about Cornelia Popescu of the online newspaper ZIUA Veche.
    Popescu had asked Becali about statements he had made to the press
    about his financial assets that contradicted the declaration of assets
    Becali had submitted to the European Parliament. Becali or his
    bodyguards reportedly made insulting or threatening statements to
    journalists on other occasions.
        In April an unknown group made death threats to journalist Catalin
    Docea of Ziarul Vaii Jiului after Docea conducted several
    investigations into connections between police, local administration,
    and members of criminal organizations. Docea provided evidence to
    prosecutors about the threats, but at year's end no one had been
    charged. On December 13, Docea wrote in an article that the police had
    not conducted any investigation based on the threat evidence he
    submitted.
        In May the Convention of Media Organizations protested as an
    infringement on the freedom of expression and a violation of ECHR
    jurisprudence a court decision that forced newspaper Evenimentul Zilei
    and three other national newspapers to print a nine-page court ruling
    in their pages. The ruling referred to two articles printed in 2005 in
    which Evenimentul Zilei criticized a journalist's practices as
    unprofessional.
        During the year the ECHR found violations by the country of freedom
    of expression as provided under the European Convention on Human Rights
    in three cases. By the end of the year the Government paid compensation
    to the plaintiffs in two of the cases; the status of the third was
    unknown.
        In March the ECHR ruled that the Government should compensate
    journalist Dan Florian Papaianopol in the amount of 7,213 euros
    ($9,665) for a violation of his freedom of speech. In 2000 a domestic
    court sentenced Papaianopol to pay compensation to a school director
    who was the subject of an article he authored in the Scoala Romaneasca
    magazine.
        Also in March the ECHR overturned a domestic court ruling involving
    photojournalist Andrei Antica of Romania Libera. In January 1999 that
    newspaper published an article implicating several politicians and
    senior officials in the bankruptcy of an American company to which the
    Government had made financial contributions. A local court ordered
    Antica to pay damages to a businessman related to the case. The ECHR
    stated in its decision that Antica's right to freedom of expression had
    been violated because the disputed article concerned a subject of
    general interest.
        In June the ECHR ruled that the Government should pay 10,000 euros
    ($13,400) to writer, journalist, and NGO activist Gabriel Andreescu. In
    2001 Andreescu spoke at a news conference about the connections between
    the Communist-era secret police, known as the Securitate, and Andrei
    Plesu, a member of a government team investigating the Securitate files
    after the fall of Communism. Plesu filed a complaint in a domestic
    court, which forced Andreescu to pay damages to Plesu. In its decision
    the ECHR stated that Andreescu, who writes for 22 magazine, did not
    have a fair trial and that his right to freedom of expression had been
    violated.

        Internet Freedom.--There were no reported government restrictions
    on access to the Internet or substantiated reports that the Government
    monitored e-mail or Internet chat rooms. Individuals and groups could
    engage in the peaceful expression of views via the Internet, including
    by e-mail.
        The Internet was widely available in the country, and costs
    decreased due to competition. Internet cafes were widely available
    nationwide. According to International Telecommunication Union
    statistics for 2009, approximately 37 percent of the country's
    inhabitants used the Internet.

        Academic Freedom and Cultural Events.--There were no government
    restrictions on academic freedom or cultural events; however, there
    were reports that a few local officials interfered with these
    activities.

        b. Freedom of Peaceful Assembly and Association.--Freedom of
    Assembly.--The constitution and the law provide for freedom of
    assembly, and the Government generally respected this right in
    practice. The law provides that unarmed citizens may assemble
    peacefully but also stipulates that meetings must not interfere with
    other economic or social activities and may not be held near such
    locations as hospitals, airports, or military installations. Organizers
    of public assemblies must request permits in writing three days in
    advance from the mayor's office of the locality where the gathering
    would occur. The permits were generally approved. Delays or changes of
    location of the assembly sometimes occurred. Whether the reasons for
    these delays or changes were political was often impossible to
    determine.

        Freedom of Association.--The constitution and the law provide for
    freedom of association, and the Government generally respected this
    right in practice. However, the law prohibits fascist, communist,
    racist, or xenophobic ideologies, organizations, and symbols (such as
    statues of war criminals on public land). Political parties are
    required to have at least 25,000 members to have legal status, a number
    some NGOs criticized as excessively high.

        c. Freedom of Religion.--For a complete description of religious
    freedom, please see the 2010 International Religious Freedom Report at
    www.state.gov/g/drl/irf/rpt

        d. Freedom of Movement, Internally Displaced Persons, Protection of
    Refugees, and Stateless Persons.--The constitution and the law provide
    for freedom of movement within the country, foreign travel, emigration,
    and repatriation, and the Government generally respected these rights
    in practice. The Government cooperated with the Office of the UN High
    Commissioner for Refugees (UNHCR) and other humanitarian organizations
    in providing protection and assistance to refugees, asylum seekers,
    stateless persons, and other persons of concern.
        The law prohibits forced exile, and the Government did not employ
    it.

        Protection of Refugees.--The law provides for the granting of
    asylum or refugee status, and the Government has established a system
    for providing protection to refugees. The law on asylum, based on EU
    legislation, prohibits the expulsion, extradition, or forced return of
    any asylum-seeker at the country's border or from within the country's
    territory but does not extend these protections to aliens and stateless
    persons who planned, facilitated, or participated in terrorist
    activities as defined by international instruments to which the country
    is a party.
        The law provides for the concept of safe countries of origin, and
    aliens coming from such countries have their asylum applications
    processed in an accelerated procedure. EU member states are considered
    safe countries of origin as are other countries specified by an order
    of the Minister of Administration and Interior at the proposal of the
    National Office for Refugees. Criteria defining safe countries of
    origin are the number of asylum applicants granted protection;
    observance of human rights; observance of democratic principles,
    political pluralism, and free elections; and the existence of
    operational democratic institutions to monitor human rights.
        The Government's Emergency Transit Center in the city of Timisoara
    received refugees while they awaited processing and final transit to a
    receiving country. During the year 139 refugees arrived at the center
    and 290 departed (many of them arrivals from 2009). According to the
    UNHCR, conditions fully met international standards.
        In practice the Government provided protection against the
    expulsion or return of refugees to countries where their lives or
    freedom would be threatened based on their race, religion, nationality,
    membership in a particular social group or political opinion. There
    were still concerns that the law does not give rejected applicants
    enough time to prepare appeals and pursue them through the courts.
        During the year the Government started to implement several
    programs for refugees, such as an EU-funded effort to strengthen the
    capacity of authorities to manage issues related to asylum, and a
    project sponsored by the UNHCR and the European Refugee Fund to improve
    the quality of the asylum system.
        The UNHCR's ``quality initiative'' program, begun in 2008 and aimed
    at improving the quality of the country's decision-making on asylum
    matters, continued during the year. While conditions have improved
    somewhat from prior years, asylum seekers still faced difficulties with
    access to specialized health care, partially because of the lack of
    interpreters. Social assistance in reception centers, including spare-
    time activities, was not always sufficient; and some asylum seekers
    felt they did not receive enough information or legal assistance.
        In 2009 the Romanian National Council for Refugees (CNRR) began to
    implement a project funded by the European Refugee Fund to improve the
    quality of counseling, legal assistance and interpreting services for
    asylum applicants. The CNRR employed and trained legal advisers in
    regional centers, provided additional interpreters, revised
    informational materials for asylum seekers, and translated the
    information into 14 languages to make the leaflets more accessible.
        The Government implemented an EU directive that provides for
    ``subsidiary protection,'' or protection to persons who do not qualify
    as refugees but are nevertheless granted protection because they cannot
    return to their countries for fear of serious risks to their lives.
    Under the law refugees and those granted subsidiary protection enjoy
    access to employment, basic services, education, the courts and police
    protection equal to that of citizens. However, the law requires those
    receiving subsidiary protection to wait for a longer period of time
    than refugees to acquire citizenship, a provision viewed as
    discriminatory by the former. The Government may also extend
    ``temporary protection'' to persons arriving from conflict areas.
    Finally, the law provides for the status of a ``tolerated person,'' an
    alien who no longer has the right to stay in the country but cannot
    leave for ``objective reasons'' such as unclear nationality or the lack
    of flight connections. Tolerated persons have no social or economic
    rights. The Government also has a voluntary repatriation program for
    refugees and rejected asylum seekers.
        According to the Immigration Office, by the end of November 830
    foreigners applied for asylum. Of these, 81 received refugee status and
    25 subsidiary protection. During the same period, 61 foreigners
    received ``tolerated person'' status and 443 foreigners were taken into
    public custody. There were no cases of temporary protection being
    extended during the year to individuals who may not qualify as
    refugees.
    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 November and December
    2009 the country held national elections for president. Despite
    irregularities, including numerous allegations of vote buying and of
    multiple voting, the elections were judged free and fair. The OSCE
    report on the November election found it to be ``generally conducted in
    conformity with OSCE commitments and international standards for
    democratic elections, as well as with national law.'' These
    irregularities did not appear to favor one political party over
    another. In the second round, incumbent Traian Basescu won the election
    with 50.3 percent of votes cast.
        Parliamentary elections, last held in 2008, are based on a complex
    single-representative-district voting system for both the Senate and
    the Chamber of Deputies. The media, NGOs, and government officials
    criticized the voting system, which assigns parliamentary seats to
    party members based on a complicated formula, for being too difficult
    for most voters to understand and for awarding seats to party members
    who finished second or third in their district.
        Political parties can operate without restriction or outside
    interference. The law requires political parties to register with the
    Bucharest Tribunal and to submit their statutes, program, and a roster
    of at least 25,000 signatures. Among these 25,000 ``founding members''
    there must be individuals from at least 18 counties, including
    Bucharest, with a minimum of 700 persons from each county. The party
    statutes and program must not include ideas that incite war,
    discrimination, hatred of a national, racist, or religious nature, or
    territorial separatism.
        Organizations representing ethnic minorities may also field
    candidates in elections. If the minorities in question are ``national
    minorities,'' defined as those ethnic groups represented in the Council
    of National Minorities, their organizations must meet requirements
    similar to those for political parties. For organizations representing
    minorities not represented in the parliament, the law sets more
    stringent requirements than those for minority groups already
    represented in the parliament; they must provide the Central Electoral
    Bureau with a list of members equal to at least 15 percent of the total
    number of persons belonging to that ethnic group as determined by the
    most recent census. If 15 percent of the ethnic group amounts to more
    than 20,000 persons, the organization must submit a list with at least
    20,000 names distributed among at least 15 counties plus the city of
    Bucharest, with no fewer than 300 persons from each county.
        While the law does not restrict women's participation in government
    or politics, societal attitudes presented a significant barrier. There
    were 38 women in the 334-seat Chamber of Deputies and eight women in
    the 137-seat Senate. At year's end there were only two women in the 17-
    member cabinet and no women among the prefects (governors appointed by
    the central government) of the 42 counties.
        According to the constitution each recognized ethnic minority is
    entitled to have one representative in the Chamber of Deputies even if
    the minority's organization cannot obtain the 5 percent of the vote
    needed to elect a deputy outright, but only if the organization
    received votes equal to 10 percent of the average number of votes
    nationwide necessary for a deputy to be elected. Organizations
    representing 18 minority groups received deputies under this provision.
    There were 49 members of minorities in the 471-seat parliament, nine in
    the Senate and 40 in the Chamber of Deputies. At the end of the year,
    there were four members of minorities (all ethnic Hungarians) in the
    17-member cabinet. Ethnicity data was not available for members of the
    Supreme Court.
        Ethnic Hungarians, represented by the Democratic Union of
    Hungarians in Romania, an umbrella party, were the sole ethnic minority
    to gain parliamentary representation by passing the 5 percent
    threshold. Only one Romani organization, the Roma Party-Pro Europe, was
    represented in the parliament, by one member of parliament. Low Romani
    voter turnout likely resulted from a lack of awareness, inability to
    demonstrate an established domicile, and absence of identity documents.
    Section 4. Official Corruption and Government Transparency
        The law provides criminal penalties for official corruption;
    however, the Government did not implement the law effectively, and
    officials sometimes engaged in corrupt practices with impunity. The
    World Bank's corruption indicators suggested corruption was a problem.
    In 2007, as part of the country's agreement on accession to the
    European Union, the European Commission established a Cooperation and
    Verification Mechanism (CVM) to monitor the country's progress in
    reforming the judicial branch and fighting corruption.
        The National Anticorruption Directorate (DNA) investigates and
    prosecutes high-level corruption, including cases involving members of
    the parliament and government officials. Both the head of the DNA and
    the general prosecutor (attorney general) were considered effective.
    The DNA head was appointed to a second three-year term in February
    2009. The general prosecutor was appointed to a second three-year term
    in October 2009.
        A simple majority of the parliament must approve investigations of
    ministers who are sitting members of the parliament, while the
    president must approve investigations of ministers who are not serving
    in the parliament. The CSM has to approve searches, detention, and
    preventive arrests of judges and prosecutors.
        In March the Senate approved the preventive arrest of one of its
    members on charges of influence peddling. In April the CSM approved the
    preventive arrest of a Supreme Court justice involved in the same case.
    In December the Chamber of Deputies rejected the DNA's two requests for
    approval of investigations against one former minister, the first for
    the search of his official computer, and the second to extend the
    investigation in the same case. As of year's end the Chamber of
    Deputies had not approved a request from the DNA for the preventive
    arrest of a deputy on charges of blackmail and other corruption
    offenses.
        Authorities' ineffective response to corruption remained a focus of
    intense public criticism, political debate, and media scrutiny
    throughout the year. NGOs and the media continued to assert that no
    major case of high-level corruption had yet resulted in judgments
    involving prison sentences. However, the number of verdicts involving
    corruption offenses, including sentences to time in prison, increased
    significantly during the year. During the year courts sentenced a
    member of the Senate, five mayors, one vice mayor, one senior
    prosecutor, and 22 police officers and noncommissioned officers to
    prison.
        The DNA continued its coordination with antifraud units in various
    ministries. The General Directorate for Anticorruption (DGA) of the
    Ministry of Administration and Interior, which investigates alleged
    corruption within the ministry, maintained a telephone hotline to
    receive tips from the general public regarding corrupt officers. In
    December cooperation between the DNA, the DGA, and the Ministry of
    National Defense resulted in the DNA's prosecution of two high-ranking
    officers of the Ministry of National Defense and three other persons on
    charges of abuse of office, bribery, and influence peddling. The
    Antifraud Department attached to the Prime Minister's Office continued
    to investigate cases involving the misuse of EU funds. The Ministry of
    National Defense also maintained its own antifraud section. However,
    according to the CVM report, ``within institutions few steps appear to
    have been taken to strengthen practical implementation and awareness of
    whistle-blowing policies.''
        Little progress was made in 30 cases filed by the DNA in earlier
    years against former government ministers, deputy ministers, and
    members of the parliament. The lack of progress was due in one instance
    to a legislative decision to block the investigation; the High Court of
    Cassation and Justice dismissed some other cases; and others were
    delayed while defendants' claims of unconstitutionality or violations
    of legal procedures (called ``claims of illegality'') were adjudicated.
    Of the 30 cases, one was initiated in 2005, nine in 2006, six in 2007,
    nine in 2008, and five in 2009.
        In the first 10 months of the year, the DNA sent 155 cases
    involving 698 defendants to the courts. The persons charged were one
    former prime minister, two members of the Senate, six judges including
    a Supreme Court justice, three senior prosecutors, two subprefects, 18
    mayors, five vice mayors, 28 police officers and non-commissioned
    officers, 15 commissioners of the Financial Guard, four commissioners
    of the Environmental Guard, and six managers of state-owned companies.
    In the same period, in response to cases brought by the DNA, the courts
    issued 103 nonfinal verdicts involving 291 defendants, 67 final
    verdicts involving 128 defendants, and 18 final verdicts of acquittal
    involving 32 defendants.
        In August the parliament amended the law governing the
    Constitutional Court to end the practice of automatically suspending
    trials while constitutional challenges were under consideration
    (interlocutory appeals). In November a law designed to accelerate
    judicial processes and trials came into effect, banning the suspension
    of trials when challenges of illegality were filed in criminal cases.
    The law also restricted the use of challenges on procedural grounds.
        Police corruption contributed to citizens' lack of respect for the
    police and led to a corresponding disregard for police authority. Low
    salaries and the absence of incentives and bonuses led to personnel
    shortages and contributed to the susceptibility of individual law
    enforcement officials to bribery. Instances of high-level corruption
    were referred to the DGA, which continued to publicize its
    anticorruption telephone hotline to generate prosecutorial leads for
    corruption within the police force; however, some of the local police
    departments (``inspectorates'') did not adequately publicize the
    anticorruption hotline.
        The law empowers the National Integrity Agency (ANI) to administer
    and audit financial disclosure statements for all public officials and
    monitor conflicts of interest. The ANI law stipulates that the ANI can
    identify ``significant discrepancies'' (more than 10,000 euros, or
    $13,400) between an official's income and his assets.
        In April the Constitutional Court declared significant portions of
    the ANI statutes to be unconstitutional. The parliament failed to
    restore ANI's powers immediately. After the CVM report singled out the
    weakening of ANI as a violation of commitments the country made during
    its EU accession process, the Government made a concerted effort to
    restore the agency's powers. In late August the parliament reinstated
    the requirement for comprehensive, public financial disclosure
    statements but also made more cumbersome the procedure by which ANI can
    initiate seizure of assets when significant discrepancies are found.
        The law provides for public access to government information
    related to official decision making; however, human rights NGOs and the
    media reported that the law was inadequately and unevenly applied.
    Procedures for releasing information were arduous and varied greatly by
    public institution. Many agencies did not make public the annual
    performance reports that the law requires. NGOs and journalists
    continued to file requests regularly in court to gain access to
    official government information.
        In May the Romanian Academic Society won a case against the state-
    controlled EXIM Bank for the declassification of a public procurement
    contract, and against the Privatization Agency for the declassification
    of the contract to privatize a local carmaker. In August the Institute
    for Public Policy won a court case against the parliament for the
    release of information on members' expenditures on their constituent
    offices. In October the Center for Legal Resources (CRJ), a human
    rights NGO, won two cases regarding access to public information: one
    against the Presidency, which refused to hand over to the NGO copies of
    financial disclosure statements and conflict of interest statements for
    2008; and the other case against the Rovinari Energy Complex, which
    refused to give the NGO copies of decisions from the company's board of
    administration for the period 2004-2008.
        Although the Government ordered the intelligence services to
    release the files of the Communist-era Securitate intelligence service,
    the powers of the National College for the Study of Securitate Archives
    (CNSAS) remained limited because the law governing the CNSAS law does
    not permit it to issue verdicts that identify individuals as Securitate
    collaborators. In June the Constitutional Court ruled that the
    lustration, or ``de-Communization'' law that the parliament passed in
    May was unconstitutional. The president asked all government ministries
    to make their employees' incomes public on-line. Of 15 ministries,
    eight responded to the president's call by year's end.
    Section 5. Governmental Attitude Regarding International and
            Nongovernmental Investigation of Alleged Violations of Human
            Rights
        A number of domestic and international human rights groups
    generally operated without government restriction, investigating and
    publishing their findings on human rights cases. Government officials
    were generally cooperative and responsive to their views.
        The Government cooperated during the year with international
    governmental organizations and permitted visits by UN representatives
    and other organizations. During the year there were visits by the UN
    special rapporteur on human rights of migrants and EU Commission
    representatives to assess the situation of the judiciary. The latter
    released two reports (see section 1.e.).
        The Office of the Ombudsman had limited power and no authority to
    protect citizens' constitutional rights in cases requiring judicial
    action. The office handled 7,016 complaints during the first nine
    months of the year. The NGO Romani CRISS criticized the Office of the
    Ombudsman for failing to address the cases the NGO brought to its
    attention.
        The National Council for Combating Discrimination (CNCD) is an
    independent governmental agency under parliamentary control. During the
    year the CNCD received 478 public complaints of discrimination. It
    resolved 117 of these complaints by the year's end. Of the complaints,
    97 involved alleged discrimination on the basis of nationality,
    ethnicity, and race, and six involved discrimination on religious
    grounds. The CNCD received 54 complaints regarding discrimination
    against Roma.
        The Ombudsman's Office and CNCD operated with the Government's
    cooperation and for the most part without government or party
    interference. After the CNCD's activity was blocked for almost eight
    months due to staffing shortages, the parliament on April 20 appointed
    six new members to CNCD's board, allowing the CNCD to resume its
    activity. Neither agency received adequate resources, although both
    enjoyed public trust. The CNCD was generally regarded as effective,
    while most observers regarded the Office of the Ombudsman as much less
    effective. Both the CNCD and the Ombudsman's Office issue yearly
    activity reports.
        Romani CRISS criticized the appointment of CNCD board members
    proposed by political parties, arguing that this violated the principle
    of the body's independence and that some of the appointees lacked
    expertise in the human rights area. Romani CRISS also criticized the
    CNCD's delays in ruling on some of its complaints.
        Each chamber of the parliament has a human rights committee. Their
    task is to draft reports on bills that pertain to human rights-related
    issues. Their members, however, are members of the parliament who
    usually express the views of their political parties.
    Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
        The law forbids discrimination based on race, gender, disability,
    ethnicity, language, or social status, among other categories. However,
    the Government did not enforce these prohibitions effectively, and
    women as well as Roma and other minorities were often subjected to
    discrimination and violence.

        Women.--Rape, including spousal rape, is illegal. The prosecution
    of rape cases was difficult because the law requires a medical
    certificate and a witness, and a rapist could avoid punishment if the
    victim withdrew the complaint. The successful prosecution of spousal
    rape cases was more difficult because the law requires the victim
    personally to file a criminal complaint against the abusive spouse and
    does not permit other parties, such as police, relatives or support
    organizations, to file a complaint on the victim's behalf. The law
    provides for three to 10 years' imprisonment for rape; the sentence
    increases to five to 18 years if there are aggravated circumstances.
    According to police statistics, during the year perpetrators were sent
    to court in 886 rape cases; there was no information on the number of
    resulting convictions.
        Violence against women, including spousal abuse, continued to be a
    serious problem, according to NGOs and other sources. The Government
    did not effectively address it. The law prohibits domestic violence and
    allows police intervention in such cases. However, the law on domestic
    violence was difficult to apply because it contradicts the criminal
    procedures code and does not provide for the issuance of restraining
    orders. According to the General Directorate for Child Protection
    (DGPC), in 2009, 4,185 women and 816 men were victims of domestic
    violence. During the same period 35 women and 27 men died as a result
    of domestic violence. In a nationwide survey conducted by the Center
    for Urban and Rural Sociology in 2008, 21.5 percent of women reported
    having been subjected to domestic violence at least once in their
    lives, and 11.1 percent reported experiencing domestic violence during
    the year prior to the survey.
        While the criminal code imposes stronger sanctions for violent
    offenses committed against family members than for similar offenses
    committed against others, the courts prosecuted very few cases of
    domestic abuse. Many cases were resolved before or during trial when
    alleged victims dropped their charges or reconciled with the accused
    abuser. In cases with strong evidence of physical abuse, the court can
    prohibit the abusive spouse from returning home. The law also permits
    police to penalize spouses with fines of 100 lei to 3,000 lei ($31 to
    $936) for various abusive acts.
        In July the National Authority for the Protection of Family and
    Children's Rights, established in December 2009 under the Ministry of
    Labor, Family, and Social Protection, was downgraded to a general
    directorate within the ministry under the name of the DGPC. The DGPC is
    in charge of children's issues and domestic violence.
        At the end of 2009, 50 government- and privately-run shelters for
    victims of abuse provided free accommodation and food for periods of
    between seven days and three months, and 27 centers provided legal and
    psychological counseling. There were also two rehabilitation centers,
    two centers to inform and sensitize the population, and six counseling
    centers for perpetrators. However, the centers were insufficient and
    unevenly distributed, and some parts of the country lacked any kind of
    assistance.
        The law prohibits any act of gender discrimination, including
    sexual harassment. Penalties vary significantly depending on whether
    the act is criminal or not and range from fines--between 400 lei and
    8,000 lei ($125 and $2,500)--to imprisonment for three months to two
    years. Although the problem exists, public awareness of it continued to
    be low. No effective programs existed to educate the public about
    sexual harassment.
        In February university professor and criminal expert Tudorel Butoi
    stated that most of the women assaulted in streets, parks, and
    elevators had a provocative attitude. Several NGOs filed a complaint
    against Butoi with the CNCD, which decided in October that Butoi's
    statement was discriminatory and sanctioned him with an admonition.
        The law provides for the right to information, education, and
    services for reproductive health without any discrimination, as well as
    the right to access modern family planning methods. Nevertheless,
    Romani women had a difficult time accessing reproductive health
    services. The Ministry of Health provided free contraceptives to rural
    residents, students, the unemployed, and women who had an abortion in a
    public hospital. NGOs noted the absence of a national strategy
    regarding reproductive rights, the lack of sexual education in schools,
    and the country's high number of teen pregnancies.
        The number of HIV-positive mothers who gave birth to live infants
    increased to 207 births in 2009, the last year for which data was
    available, from 68 in 2007 and 161 in 2008, according to the National
    Institute for Infectious Diseases Matei Bals.
        HIV-positive women reported to the Euroregional Center for Public
    Initiatives (ECPI) that they had difficulty accessing maternal health
    care in maternity hospitals due to discrimination by medical personnel.
    They asserted that they experienced degrading treatment, breaches of
    confidentiality, segregation, and denial of cesarean sections. ECPI
    noted that the medical staffs of obstetrics and gynecology units did
    not appear to understand and apply the clinical guidelines for the
    management of pregnancy in HIV-positive women that the Ministry of
    Health adopted in 2009.
        According to UN Population Fund statistics, the maternal mortality
    rate was 27 per 100,000 births in 2008.
        The ECPI criticized the fact that the results of Health Ministry
    investigations of maternal deaths are not made public.
        A journalist's investigation conducted in the fall revealed a
    series of shortcomings in the maternal health care available in public
    hospitals. The report revealed unsanitary conditions, lack of equipment
    (e.g. incubators for newborns), high neonatal mortality rates, a high
    number of premature births, a small number of obstetricians, shortages
    of medicine, and mistreatment of women giving birth. The ECPI received
    information that in some hospitals pregnant women were automatically
    tested for HIV prior to giving birth without informed consent and
    without prior counseling, although HIV testing is voluntary under the
    law.
        In August six newborn babies died in Giulesti hospital following a
    fire in the maternal ward that was reportedly caused by a defective air
    conditioning system, inattentive staff, and locked doors.
        The law provides female employees reentering the workforce after
    maternity leave the right to return to their previous or a similar job.
    Government grants helped support mothers with 24 months of paid leave
    at 85 percent of the mother's average income during the previous 12
    months and a monthly allowance for children. A report released in
    September 2009 by the Society of Contraception and Sexual Education
    indicated, however, that pregnant women might still suffer
    unacknowledged discrimination in the labor market.
        Under the law women and men enjoy equal rights, including under
    family law, property law, and in the judicial system. In practice the
    Government did not enforce these provisions, and authorities did not
    devote significant attention or resources to women's problems. In July
    the Government's Agency for the Equality of Opportunities was
    downgraded to a directorate in the Ministry of Labor, Family, and
    Social Protection. Women occupied few influential positions in the
    private sector, and differences between the salaries of women and men
    continued to exist in most sectors of the economy. According to several
    surveys including one from the National Statistics Institute, women
    were paid approximately 10-15 percent less than men doing the same
    work. According to the Ministry of Labor, Family, and Social
    Protection, women faced disadvantages in education; access to the labor
    market, social, political, and cultural life; and participation in
    decision-making. According to the ministry many of these difference
    stemmed from segregation of labor (i.e. women work mostly in fields
    where salaries are lower), traditions, and stereotypes.
        During the year the DGPC, in partnership with NGOs, implemented
    programs to prevent and curb domestic violence and to provide better
    conditions for domestic violence victims.

        Children.--Citizenship is derived by birth from at least one
    Romanian citizen parent. Birth registration was not universal, and some
    children were denied public services as a result. The most common
    reason that children were not registered at birth was that parents did
    not declare the child's birth to authorities, sometimes because the
    parents lacked identity documents or residence papers, or because the
    birth took place abroad in countries where parents were present
    illegally. Most such children had access to schools, and authorities
    assisted in obtaining birth documents for unregistered children.
    However, the education of unregistered children depended on the
    decision of school authorities. Undocumented children also faced
    difficulties in getting access to health care.
        There were reports that Romani children were effectively segregated
    from non-Romani students and subject to discriminatory treatment (see
    section 6, National/Racial/Ethnic Minorities).
        Child abuse and neglect continued to be serious problems, and
    public awareness of them remained poor. The media reported several
    severe cases of abuse or neglect in family homes, foster care, and
    child welfare institutions. According to the DGPC, during the first
    nine months of the year, child welfare services identified 8,142 cases
    of child abuse, neglect, and exploitation. These findings resulted in
    the provision of rehabilitation services in 5,103 cases, medical
    services in 331, educational services in 529, and legal assistance in
    3,164. Of the 2,281 children who were identified as abused during this
    period, authorities separated 323 from the abusive families. During the
    year the Ministry of Labor, Family, and Social Protection started to
    implement a project costing 14.3 million euros (approximately $19
    million), jointly funded by the Government and the Development Bank of
    the Council of Europe. The project's goal is to develop a community-
    based services network at local levels to prevent the separation of
    children from their families and to reintegrate children already
    separated from their families.
        In the first nine months of the year, according to official
    statistics, parents abandoned 1,015 children in maternity hospitals.
    NGOs claimed that the official statistics did not accurately account
    for many abandoned children and that many children living in state
    institutions were never officially recognized as abandoned.
        According to DGPC, at the end of September there were 808 homeless
    children nationwide. NGOs working with homeless children believed there
    were two or three times that number. NGOs noted that the number of
    homeless children declined but only because many of the children
    reached adulthood--they remained on the streets.
        In most cases the legal age of marriage is 18, although girls as
    young as 15 may legally marry in certain circumstances. Illegal child
    marriage was common within certain social groups, particularly the
    Roma. There was no estimate regarding the extent of the practice, and
    information about individual cases surfaced only from time to time in
    the media. In September the Pro Europa League, a human rights NGO
    working on a project on early or forced marriages financed by the
    Ministry of Health, reported that while such marriages continued to
    take place in some Romani communities, they declined in number.
        Trafficking in girls remained a problem. According to the Ministry
    of Administration and Interior, 99 of the 379 victims of trafficking
    reported during the first half of the year were girls. There also were
    isolated cases of children who prostituted themselves for money without
    third-party involvement.
        The criminal code stipulates 3- to 10-year jail sentences for
    sexual acts with minors under 15 years of age, the age of consent. The
    display, selling, dissemination, renting, distribution, and production
    of child pornography is punishable by five to 10 years in jail and, if
    coercion is used, by 15 to 20 years in jail.
        While the law prohibits the abuse and neglect of children, the
    Government has not established a mechanism to identify and treat abused
    and neglected children and their families.
        The country is a party to the 1980 Hague Convention on the Civil
    Aspects of International Child Abduction. For information on
    international parental child abduction, please see the Department of
    State's annual report on compliance at http://travel.state.gov/
    abduction/resources/congressreport/congressreport--4308.html.
        According to Hope and Homes for Children Romania, the country's
    branch of a British NGO, which works in partnership with the Government
    to close orphanages, 256 orphanages in the country housed 11,000
    children. The NGO noted that conditions in the orphanages improved with
    the support of EU funding and assistance from NGOs working in the field
    of child protection. However, staffing in orphanages remained
    insufficient, and the self-financing of such institutions was limited.
    In October a group of British journalists visited an orphanage in
    Bistrita and noted improper living conditions, malnourished children
    who were sedated or tied to their beds, and the absence of sufficient
    activity for the children. Media reported instances in which children
    from orphanages were reportedly kidnapped and sold to human traffickers
    who then forced them to steal and beg in Italy.

        Anti-Semitism.--According to the 2002 census, the Jewish population
    numbered 5,785. Acts of anti-Semitism, including vandalism against
    Jewish sites, continued during the year with no appreciable change in
    the range of 10-12 per year of previous years. In most cases the
    Federation of Jewish Communities notified authorities, but perpetrators
    were often not identified.
        The NGO Center for Monitoring Anti-Semitism in Romania (MCA
    Romania) continued to criticize authorities for playing down anti-
    Semitic vandalism, usually attributing the acts to children, drunks, or
    persons with mental disorders. MCA Romania noted that Jewish
    establishments appeared to be targets of choice for vandals and
    asserted that police investigations of such acts were not thorough. MCA
    Romania also criticized the lack of prosecutions that might deter
    future acts. During the year independent observers reported the
    existence of swastikas on the elevator doors and walls of some blocs of
    apartments as well as on the fence of a school in Bucharest.
        On April 13, unidentified individuals stole property from the
    administrative building of a Jewish cemetery in Bucharest. On April 16,
    unidentified individuals broke into the chapel of the stone-carving
    workshop of a different Jewish cemetery in Bucharest. In both cases the
    Jewish Communities Federation filed complaints with Bucharest police.
    There were no developments in these cases by year's end.
        In April local media reported that unidentified individuals drew
    swastikas on the walls of several buildings and a memorial in Galati
    and that the local authorities attributed the vandalism to rebellious
    teenagers, not pro-Nazi individuals.
        During the night of May 3, a group of young persons threw stones at
    the house of the guard of the Jewish cemetery in Craiova. A member of
    the Jewish community called police, who took steps to restore order in
    the area. There were no reports of arrests.
        In July the National Bank of Romania (BNR) issued a commemorative
    coin depicting late Patriarch Miron Cristea, who led the Romanian
    Orthodox Church between 1925 and 1939 and was prime minister from 1938
    to 1939. During the latter period Cristea was responsible for revising
    the citizenship law, stripping approximately 225,000 Jews of their
    Romanian citizenship. Many of these persons subsequently died during
    the Holocaust. MCA Romania, the National Institute to Study the
    Romanian Holocaust Elie Wiesel, the Holocaust Memorial Museum of
    Washington, the Anti-Defamation League, and other organizations
    unsuccessfully urged the BNR to withdraw the coin. Both the BNR and the
    Orthodox Church argued that the coin was part of a collectors' series
    of five coins (featuring five late patriarchs) celebrating the Orthodox
    Church's 125th anniversary. The BNR established a commission to study
    the issue. On August 19, the commission decided not to withdraw the
    coin on the grounds that the coin ``should not be related to Patriarch
    Cristea's short activity as prime minister.''
        In October and November, MCA Romania addressed letters to the
    Gendarmerie units in Galati and Constanta, requesting that their local
    troop regiments, which bore the names of two generals who were war
    criminals involved in the deportation of Jews during the World War II,
    be changed. In November the Gendarmerie units in both localities
    responded that they had started the procedures necessary to change the
    names.
        On October 25, the prosecutor's office of the Constanta Court of
    Appeals decided not to prosecute Constanta Mayor Radu Mazare for
    marching onto a public stage dressed as a Nazi officer, accompanied by
    his 15-year-old son dressed as a Nazi soldier. The incident occurred in
    July 2009 at a fashion show at the beach resort of Mamaia. During the
    year before the decision, authorities closed the case and then reopened
    it and referred it to the Constanta branch of the Division in Charge of
    Organized Crime and Terrorism (a specialized department of the
    Prosecutor General's Office). The investigating prosecutor's decision
    to close the case definitively after concluding that Mazare's gesture
    was not a crime since it was committed in the interest of art.
        There were no reported developments in the 2008 desecration of 131
    gravestones in a Jewish cemetery in Bucharest, in which the police
    named as suspects four students ages 13 to 15, or in the April 2009
    desecration of 20 gravestones in a Jewish cemetery in Botosani, in
    which police suspected four 14- to 16-year-old students.
        Extremist organizations occasionally held high-profile public
    events with anti-Semitic themes. The New Right Organization, the
    Professor George Manu Foundation, and the Party for the Nation
    continued to sponsor events, including religious services, symposia,
    and marches, commemorating leaders of the pre-World War II era
    Legionnaire Movement. Such events took place during the year in Sibiu
    on January 13 and May 25, Braila on March 14, Ramnicu Sarat on
    September 22, and Tancabesti on November 28. They attracted small
    numbers of persons.
        On May 13, four Greek Catholic priests in Dragomiresti, Maramures
    County, dedicated a memorial cross commemorating heroes of both world
    wars and anticommunist fighters, many of them pro-Nazi and anti-Semitic
    legionnaires. The family of an anticommunist fighter erected the cross.
        On June 15, the 121st anniversary of the death of national poet
    Mihai Eminescu, Greater Romania Party (PRM) Secretary General Gheorghe
    Funar stated that Eminescu was killed by Jews who did not like his
    political writing and poems. He added that a Jewish doctor poisoned the
    poet with mercury. The executive director of the National Institute to
    Study the Romanian Holocaust Elie Wiesel labeled the statement anti-
    Semitic and underscored that Funar did not offer any evidence to
    support his allegations.
        MCA Romania and the National Institute to Study the Romanian
    Holocaust Elie Wiesel criticized a Romanian documentary film entitled
    The Portrait of the Fighter as a Young Man, which was produced with
    state funding and shown at several international festivals. The film
    presented the activity of an anti-Communist group led by Ion Gavrila
    Ogoranu, a member of the right-wing, fascist Legionnaire Movement.
        MCA Romania repeatedly warned that anti-Semitic, racist,
    xenophobic, and nationalistic views continued to be distributed via the
    Internet.
        During the year the extremist press continued to publish anti-
    Semitic articles. The New Right movement and similar organizations and
    associations continued to promote the ideas of the Iron Guard (an
    extreme nationalist, anti-Semitic, pro-Nazi group that existed in the
    country in the interwar period) in the media and on the Internet.
    Organizations with extreme right-wing views also republished
    inflammatory books from the interwar period.
        During the year the publications of the extreme nationalist PRM
    headed by Corneliu Vadim Tudor continued to carry statements and
    articles containing strong anti-Semitic attacks.
        The law prohibits denial of the Holocaust in public; however, there
    were no prosecutions under this statute during the year.
        During the year public and private television stations broadcast
    talks shows that expressed anti-Semitic views and attitudes. On
    November 13, during a talk show televised nationally, well known
    journalist Ion Cristoiu spoke about Corneliu Zelea Codreanu, the
    founder of the Legionnaire Movement, who was widely known for harsh
    anti-Semitism and violence. Cristoiu stated that Codreanu had been
    ``the most honest and honorable Romanian politician from the interwar
    period'' and called him a ``Romantic hero.'' MCA Romania criticized the
    show and its producer. Several dozen intellectuals and public figures
    encouraged the president of the national television station, Alexandru
    Lazescu, to dissociate the station from Cristoiu's statements. In his
    reply Lazescu regretted that Cristoiu's statements hurt the feelings of
    those who had been affected by the violence, anti-Semitism, and crimes
    against mankind of that ``black period'' of the country's history,
    ``for which the Legionnaire Movement is considered responsible.''
    Lazescu noted that the television's Ethics and Arbitration Commission
    would consider this issue. On December 9, the National Audiovisual
    Council publically admonished the national network for having violated
    the principle of maintaining the balance by providing a plurality of
    opinions.
        Extremists such as Ion Coja, a professor at the University of
    Bucharest, continued to deny publicly and on the Internet that the
    Holocaust occurred in the country and that the country's leader during
    World War II, Marshal Ion Antonescu, participated in Holocaust
    atrocities in territory administered by the country.
        The Government continued to make progress in its effort to expand
    education on the history of the Holocaust in Romania. The study of the
    Holocaust is included in history courses in the seventh, ninth, 11th,
    and 12th grades. On various occasions throughout the year, high-level
    officials continued to make public statements against extremism, anti-
    Semitism, xenophobia, and Holocaust denial.
        The law to combat anti-Semitism and to prohibit fascist, racist,
    and xenophobic organizations includes the oppression of the Roma as
    well as the Jews in its definition of the Holocaust.

        Trafficking in Persons.--For information on trafficking in persons,
    please see the Department of State's annual Trafficking in Persons
    Report at www.state.gov/g/tip.

        Persons With Disabilities.--The law prohibits discrimination
    against all persons in employment, education, access to health care, or
    the provision of other services. However, the Government did not fully
    implement the law, and discrimination against persons with disabilities
    remained a problem.
        The law mandates accessibility for persons with disabilities to
    buildings and public transportation. In practice the country had few
    facilities specifically designed to accommodate persons with
    disabilities, and persons with disabilities could have extreme
    difficulty navigating city streets or gaining access to public
    buildings. However, the number of buildings with facilities for persons
    with disabilities did increase during the year.
        According to reports by human rights NGOs, the procedures for
    commitment, the living conditions, and the treatment of patients in
    many psychiatric wards and hospitals did not meet international human
    rights standards and were below professional norms.
        In August the CPT issued a report on its follow-up visit to the
    Nucet Social-Medical Center and Oradea Psychiatric Hospital. At Nucet
    the delegation found a lower death rate among patients than in 2006
    during their last visit, but also continuing indications of neglect
    such as apparently underweight patients and the lack of inquests into
    the deaths of some of them. It recommended that patients be given more
    private space for their possessions and more opportunity to walk around
    outside. At Oradea the CPT delegation found significant improvements in
    the juveniles' section but continued poor maintenance, poor sanitary
    conditions, and understaffing in the adult section.
        In October the CRJ expressed concern about the Government's failure
    to consult with the representatives of persons with disabilities on
    matters that could have an impact on their right to life and dignity.
    The CRJ urged the prime minister to consult on draft legislation
    involving persons with disabilities.
        Twice during 2009 the CRJ visited 16 state institutions for persons
    with mental disabilities (psychiatric wards and hospitals) to assess
    whether human rights were being observed. In most such institutions the
    CRJ found overcrowding; underqualified staff; inadequate staff
    knowledge of the legal requirements regarding such institutions;
    shortages of staff and medicines; insufficient food; violation of
    patient privacy; patient neglect; failure to observe patients' human
    dignity; failure to implement the procedures to resolve the patient
    complaints; failure to implement regulations regarding involuntary
    institutionalization and informed consent; patients unaware of their
    rights; disregard for the legal regulations governing the detention and
    isolation of patients (for example, patients were tied to their beds
    for long periods of time); excessive sedation of patients; poor
    hygienic conditions; and lack of activities and recreational programs.
    There was no information regarding the Government's response to these
    findings.
        In September 2009 the media reported that a patient in the
    psychiatric ward in Poiana Mare died following the alleged ingestion of
    a disinfectant. The hospital was known for its particularly poor
    conditions and the fact that more than 150 patients died there in 2002-
    2004. In May, after repeated complaints by 13 psychiatric doctors at
    the institution who accused its director of poor management of the
    hospital's funds, lack of interest in procuring equipment and
    medication, and failure to punish the auxiliary staff for inadequately
    treating patients, the hospital fired the director. The facility
    continued to operate at full capacity at the end of the year.
        During the year there were no reports that the Government took
    action to close or to improve the situation of patients in several
    state institutions for persons with disabilities where harsh conditions
    were the subject of a BBC documentary in December 2009.
        During the year the Government, through the DGPC, started a project
    to implement good practices to assist children and young persons with
    special needs in state institutions.
        Some minors were sent to psychiatric hospitals without the consent
    of their legal guardians. According to human rights NGOs, there was no
    system to ensure that government-run care institutions observed the
    rights of children with mental disabilities.

        National/Racial/Ethnic Minorities.--Observers estimated that there
    were between 1.8 and 2.5 million Roma in the country, approximately 10
    percent of the total population. However, the most recent official
    census, taken in 2002, reported 535,000 Roma, or 3 percent of the
    population. An August 2008 government survey estimated that Roma
    numbered approximately 1.2 million, or 5.7 percent of the population.
    According to NGOs, earlier government figures were low because many
    Roma either did not reveal their ethnicity or lacked any form of
    identification.
        Discrimination against Roma continued to be a major concern. Romani
    groups complained that police brutality, including beatings and
    harassment, was routine. Both domestic and international media and
    observers widely reported societal discrimination against Roma.
        On October 24, some villagers set a Romani family's house on fire
    in the village of Rares (Harghita County). The fire started at a
    stable, killing a horse and 10 poultry, with material damages amounting
    to 40,000 lei ($12,500). Villagers complained that they had filed
    complaints about the Romani family repeatedly, and the police did not
    resolve them. The Romani family fled the house after the incident. At
    the end of the year three villagers were under investigation by the
    police for violation of domicile and destruction of property.
        Stereotypes and use of discriminatory language against Roma were
    widespread; journalists and several senior government officials made
    statements that were viewed as discriminatory by members of the Romani
    community. In February a press release by the Ministry of Foreign
    Affairs stated that, during a meeting with a French state secretary,
    Foreign Minister Teodor Baconschi mentioned the ``natural,
    physiological crime problems in some Romanian communities, in
    particular, within the communities of Romanian citizens of Romani
    origin.'' Several NGOs labeled the speech racist due to the association
    of Roma with crime, demanded Baconschi's resignation or dismissal, and
    filed a complaint with the CNCD. Several days later, during a meeting
    with representatives of the Roma, Baconschi reportedly mentioned a
    meeting he had with Romani intellectuals several years earlier and
    stated ``you can say anything about them, but not that they are
    imbeciles.'' In November the CNCD decided that Baconschi's statement
    was discriminatory, admonished him, and recommended that he speak more
    carefully in the future.
        On March 9 and September 28, Member of the European Parliament Gigi
    Becali, leader of the right-wing New Generation Party and owner of the
    Bucharest soccer team Steaua, called George Copos, the owner of a rival
    team, Rapid, a ``Gypsy.'' On March 15, Becali stated that without Rapid
    the ``national soccer championship would be whiter,'' an allusion to
    the fact that the Rapid Soccer club is located in a Romani
    neighborhood. The management of Rapid urged the CNCD to punish Becali's
    statements. The CNCD had fined Becali for calling Rapid's fans
    ``Gypsies'' in November 2009; Becali challenged the fine in court, and
    the hearing, which began in June, did not conclude by year's end.
    Racist slogans were frequently displayed during soccer games across the
    country.
        In June the CNCD admonished Iulian Urban, the vice president of the
    Senate's Legal Committee, for discrimination against the Roma for
    posting anti-Romani messages on his blog in 2009. Upon hearing about
    the CNCD admonition, Urban stated, ``The Gypsies have defeated me,''
    and stated that he would challenge the decision in court.
        On September 8 and 9, in interviews on national television and
    radio, President Basescu stated that the decision to change the name of
    ``Gypsy'' to ``Roma'' was wrong because it generates confusion among
    Europeans. Magdalena Matache, the director of Romani CRISS, stated that
    the president's statements could contribute to negative attitudes
    toward Roma.
        In an interview with B1 television in September, President Basescu,
    speaking of France's expulsion of Roma, insinuated that the country's
    Roma allowed their children to beg while the parents were often
    stealing, ``What they do here, they wanted to do in France as well.''
    He also was quoted as saying, ``It seems that there are Gypsies who
    believe that moving from one place to another means to work.''
        In September a member of the Chamber of Deputies, Silviu Prigoana,
    submitted to the Senate a legislative initiative proposing to use the
    word ``Gypsy'' instead of ``Roma'' in the official documents. While the
    Ministry of Foreign Affairs, the National Roma Agency, the Ministry of
    Culture, the Interethnic Relations Department, the Government's
    Secretariat General, and the CNCD opposed the bill, the Romanian
    Academy voiced its support, arguing that the term ``Gypsy'' represents
    the ``correct name of this transnational population.'' On November 30,
    approximately 200 persons participated in a protest organized by six
    Romani NGOs in front of cabinet headquarters. The media reported on
    December 5 that the Government would back the legislation.
        On September 22, during a debate in the Senate on a draft law
    regarding the commemoration of the Roma's emancipation from slavery,
    lawmaker Puiu Hasotti stated that the Roma themselves asked to be
    enslaved when they were no longer able to pay their taxes. He denied
    that the term Gypsy was pejorative, adding that well known artists have
    used the term in their songs and paintings, and that many European
    nations continue to use the term.
        In October former professional tennis player Ilie Nastase stated
    publicly that he supported the French president's policy of sending
    Roma back to their home countries, adding that he would send Romania's
    Roma to the ethnic-Hungarian-majority county of Harghita ``to change
    the ethnic configuration of this region.'' In December the CNCD fined
    Nastase 600 lei ($187) for his discriminatory statements.
        During an official visit to Slovenia on November 3, President
    Basescu stated that the country had failed to integrate nomadic Roma,
    which was difficult since ``very few of them want to work.'' He added
    that ``many of them traditionally live on what they steal.'' David
    Mark, executive director of Roma Civil Alliance, an umbrella
    organization of Romani NGOs, stated that Basescu's statement was ``full
    of racial prejudices.'' The CRJ criticized the president's statements,
    which it stated harmed the dignity of Roma and were profoundly
    discriminatory.
        There were no developments in the criminal complaint filed with the
    prosecutor's office by Romani CRISS regarding an incident in April 2009
    when fans of the Dinamo soccer team shouted anti-Romani slogans and
    displayed anti-Romani banners during a game against the rival team
    Rapid.
        In the November 2009 complaint against First Vice President Ludovic
    Orban of the National Liberal Party, who publicly referred to Roma as
    Gypsies, the CNCD ruled in December that his statement was
    discriminatory and sanctioned him with an admonition.
        According to media reports, evictions of members of the Romani
    community continued to occur in Bucharest, Timisoara, Resita, and other
    localities during the year. In January, Amnesty International alleged
    that, because of forced evictions, Roma had no option but to live next
    to garbage dumps, sewage treatment plants, or industrial areas on the
    outskirts of cities. In the evictions and resettlements they lost their
    possessions, social networks, and access to work and state services. In
    July, Amnesty International urged the local authorities of Baia Mare to
    stop their planned eviction of the approximately 1,100 Roma from the
    settlement of Craica, where the Roma had built illegal houses and
    cardboard huts on public land. In November the vice mayor of Baia Mare
    stated that the Roma from Craica would be moved next spring to a newly
    built area.
        NGOs reported that Roma were denied access to, or refused service
    in, many public places. Roma also experienced persistent poverty, poor
    access to government services, a shortage of employment opportunities,
    high rates of school attrition, inadequate health care, and pervasive
    discrimination. According to the year's Social Inclusion Barometer, 45
    percent of Roma who work did not have a stable job. NGOs and the media
    reported that discrimination by teachers and other students against
    Romani students served as an additional disincentive for Romani
    children to complete their studies.
        Despite a March order by the Ministry of Education forbidding
    segregation of Romani students, there were reports of Romani children's
    being placed in the back of classrooms, of teachers ignoring Romani
    students, and of unimpeded bullying of Romani students by other
    schoolchildren. In some communities authorities placed Romani students
    in separate classrooms or even in separate schools. During 2009 Romani
    CRISS identified school segregation cases in Albeni, Corabia, Cugir,
    and Polovraci. The NGO also filed complaints with the CNCD regarding a
    case in Magheru, identified in 2009, in which a kindergarten teacher
    refused to enroll twin Romani children for several years. In December
    2009 Romani CRISS began a project, planned for 90 schools, through
    which Romani and non-Romani students, parents, and the teaching staff
    would participate in intercultural activities. The NGO Ovidiu Rom
    worked to assist and encourage Romani children in the school enrollment
    process. The NGO also continued its national public awareness campaign
    ``scoala te face mare'' (``school makes you great''), which it started
    in June 2009, to promote the importance of school enrollment to
    families and children. During the year the main goal of ``Scoala te
    face mare'' was to encourage early education and convince parents to
    send their children to kindergarten.
        A research project by the Impreuna Agency for Community Development
    conducted in April and May in 100 schools revealed that Romani children
    received lower quality education, experienced discrimination from both
    non-Romani colleagues and the teaching staff, were segregated, and had
    a higher dropout rate than non-Romani students (6.7 percent of Romani
    children, compared to 4.3 percent of non-Romani students). The main
    reasons for dropping out of school were material shortages such as lack
    of school supplies and clothes (44 percent), poor grades (16 percent),
    lack of the parental interest in sending their children to school (9
    percent), and early marriage (4 percent).
        Roma also experienced difficulty accessing health care. In 2009
    Romani CRISS filed a complaint with the CNCD against a family doctor in
    the village of Vartop, who allegedly refused to treat Romani patients
    or treated them superficially. In 2009 Romani CRISS reported that, in
    the maternity wards in Cluj and Galati, there were instances of
    hospital employees' entering ``Gypsy'' in a child's birth certificate
    under ``nationality of the mother,'' even though these individuals were
    Romanian citizens. Romani CRISS filed complaints with the CNCD.
        In May, July, and September 2009, the Romani Center for Health
    Policies SASTIPEN (SASTIPEN) filed complaints against a gynecologist at
    the hospital in Targu Neamt, Neamt County, for allegedly denying access
    to medical services to three Romani women. Based on the October 2009
    decisions of an investigative commission and the ethics council of the
    hospital (which considered only one of the three cases), the county's
    Doctors' Council initially decided in October 2009 not to investigate
    the cases and in April exonerated the doctor of any responsibility. On
    August 30, SASTIPEN challenged the Doctors' Council's decision, and on
    November 2, the case was sent to the higher Commission of Discipline of
    the National Doctors' Council, where it remained at year's end. In 2009
    SASTIPEN also filed a separate complaint with the CNCD. On July 7, the
    CNCD resolved one of the September 2009 complaints, deciding that the
    doctor's behavior was discriminatory and sanctioning him with an
    admonition.
        A project to assess the access of Roma to public health care,
    developed by SASTIPEN and the Bucharest-based Institute for Public
    Health, revealed that, although 87 percent of the respondents declared
    they have a family doctor, access to medical services remained low due
    to lack of financial resources, discrimination on the part of medical
    personnel, and the Roma's own lack of awareness about access to public
    health care services. The project studied 45 Romani communities between
    November 2009 and November 2010.
        A Romani CRISS survey of 935 doctors conducted in the spring
    indicated that about 70 percent of Roma go to family doctors only in
    the case of an acute disease and only 9.2 percent have medical check-
    ups.
        Romani communities were largely excluded from the administrative
    and legal systems. According to Open Society Institute (OSI) research
    conducted in 2007, 4.9 percent of Roma lacked birth certificates. Among
    non-Romani citizens, fewer than 1 percent lacked birth certificates.
    Similarly, surveys in 2007 and 2008 indicated that between 1.9 and 6
    percent of Roma lacked identity cards, compared to 1.5 percent of non-
    Roma. During 2009 the Ministry of the Administration and Interior
    issued identity cards and civil status documents to 16,470 persons, of
    whom 1,752 were Roma. The lack of identity documents excluded Roma from
    participating in elections, receiving social benefits, accessing health
    insurance, securing property documents, and participating in the labor
    market. Roma were disproportionately unemployed or underemployed.
    According to the Barometer for Social Inclusion 2010, 60 percent of
    Romani households lived on less than the minimum wage. The average
    monthly income of Romani households was 657 lei ($205).
        NGO observers noted Romani women faced both gender and ethnic
    discrimination. Romani women often lacked the training, marketable
    skills, or relevant work experience to participate in the formal
    economy. According to a 2006 OSI report, only 26 percent of Romani
    women interviewed were part of the workforce. The average monthly
    income of Romani women surveyed was 106 lei ($33).
        Romani CRISS and the Impreuna Agency for Community Development
    criticized the ineffectiveness of the Government's 2001-2010 national
    strategy for the improvement of the situation of Roma.
        According to government reports, 88 projects subsidized by the
    European Social Fund and aimed mostly at the social integration of the
    Romani persons were in progress at the end of the year. A total of
    216,358,433 euros ($290 million) was allocated to these projects.
        The National Agency for Roma is tasked with coordinating public
    policies for Roma. Romani NGOs, however, criticized the scope of this
    agency's responsibilities, noting that they are too broad and often
    overlap with the activities of other government bodies.
        According to the most recent census, from 2002, ethnic Hungarians
    are the country's largest ethnic minority with a population of 1.4
    million.
        In the Moldavia region, where the Roman Catholic, Hungarian-
    speaking Csango minority resides, the community continued to operate
    government-funded Hungarian-language classes. According to the
    Association of Csango Hungarians in Romania (AMCM), 986 students in 16
    localities received Hungarian-language classes during the 2010-11
    academic year. In 24 localities the AMCM sponsored daily educational
    activities in the Hungarian language. In some other localities, such as
    Luizi Calugara and Tuta, requests for Hungarian language classes were
    denied. The AMCM complained that there was no Hungarian-speaking school
    inspector at the School Inspectorate of Bacau County.
        Internet discussion forums continued to include discrimination and
    hate speech most frequently targeting Jews, ethnic Hungarians, Roma,
    and LGBT individuals in discussion forums during the year.

        Societal Abuses, Discrimination, and Acts of Violence Based on
    Sexual Orientation and Gender Identity.--The law prohibits
    discrimination based on sexual orientation; however, NGOs reported that
    police abuse and societal discrimination against lesbian, gay,
    bisexual, and transgender (LGBT) persons was common and that open
    hostility prevented the reporting of some harassment and
    discrimination. Members of the gay and lesbian community continued to
    voice concerns about discrimination in public education and the health
    care system. During the year the NGO ACCEPT provided legal and health
    counseling dealing with transgender issues to 12 persons. The NGO
    reported that the number of complaints by members of its community
    about harassment of gay men by authorities increased during the year.
    Several members reported that police and gendarmerie raids took place
    in public places known to be meeting areas for gay men, and that police
    behavior was abusive. These raids mostly occurred in public parks, with
    police or gendarmes asking all men to show their identification,
    questioning them about the reason for their presence, making offensive
    comments regarding homosexuality, and threatening to arrest them.
        During the year several individuals complained to ACCEPT that
    police raided the Bucharest North Railway Station and the surrounding
    neighborhood and abused persons they suspected of being gay.
    Complainants stated police used offensive language regarding their
    sexual orientation, handcuffed them, threatened or used physical
    violence such as beatings, forced them to clean toilets, and fined them
    for disturbing public order. According to one individual who requested
    legal assistance from ACCEPT, police did not show their identification
    badges.
        After a four-year-long lawsuit, a court ruled in November that the
    National Administration of Penitentiaries should pay moral compensation
    amounting to 50,000 euros ($67,000) for discrimination based on sexual
    orientation. An individual represented by ACCEPT filed a lawsuit
    against the National Administration of Penitentiaries in 2006
    complaining that the institution had failed to protect him from acts of
    sexual violence, harassment, threats, and discrimination committed by
    fellow prisoners while he was in jail in 2004-05.
        No developments were reported in the February 2009 beating and
    assault on a transgender person in Bucharest or the reported verbal
    abuse of the same person by taxi drivers in March 2009.
        There were two officially registered LGBT organizations, ACCEPT and
    LGBTeam. Other LGBT groups lacked legal status and generally kept a low
    public profile.
        On May 22, between 200 and 300 persons participated in the annual
    ``march of diversity'' gay pride parade in Bucharest. Local authorities
    mobilized approximately 400 police to protect the participants, and the
    parade ended without violent incidents. There were some claims that
    individuals who wanted to participate in or watch the parade were
    discouraged from doing so because of the police barricades. The New
    Right, an extreme-right nationalistic group opposed to homosexuality
    and claiming a Christian orientation, sponsored a ``march for
    normalcy'' antigay rally on the same day as the march for diversity,
    but at a different time and location. They chanted virulently antigay
    slogans. Prior to May 22, a group of NGOs called for a ban on the gay
    parade. Some of these NGOs, including the Alliance of Families from
    Romania and the Christian Orthodox Forum, sponsored a ``march for the
    family,'' which gathered approximately 150 participants. The Orthodox
    Church criticized both the gay parade and the New Right march, saying
    that both organizations sought publicity and did not have the church's
    blessing. A senator, Iulian Urban, called the gay pride parade a
    ``direct threat to the Romanian family.''
        In February, EU Parliamentarian Gigi Becali, the owner of the
    Steaua soccer team, stated that he would not accept the transfer of a
    soccer player to Steaua because he was allegedly gay. ACCEPT filed a
    complaint with the CNCD. In April during a press conference, Becali
    tore up the notification received from the CNCD regarding this
    complaint and declared, ``There will never be any homosexual player at
    Steaua.'' In December the CNCD admonished Becali for statements
    defaming the gay community.

        Other Societal Violence or Discrimination.--Under the law HIV-
    infected persons have the right to confidentiality and to adequate
    treatment. However, discrimination against persons with HIV/AIDS
    impeded access to routine medical and dental care, and authorities
    rarely enforced laws prohibiting this form of discrimination. Breaches
    of confidentiality involving individuals' HIV status were common and
    rarely punished.
        Observers noted widespread discrimination faced by children with
    HIV/AIDS and authorities' failure to protect them from discrimination,
    abuse, and neglect.
        Doctors reportedly refused to treat children and youths with HIV/
    AIDS. Medical personnel, school officials, and government employees did
    not maintain confidentiality of information about the children.
        More than half of HIV-infected adolescents were sexually active;
    they frequently experienced reduced access to facilities for
    reproductive health care and the prevention of HIV and sexually
    transmitted infections. The Government provided access to
    antiretroviral therapy; however, stigma and discrimination against
    persons with HIV/AIDS frequently impeded their access to education,
    other medical care, government services, and employment. Fewer than 60
    percent of HIV-positive children and adolescents attended some form of
    schooling.
        According to the National Commission Fighting against AIDS, at the
    end of the year 10,924 persons had HIV/AIDS. During the year 275 new
    cases were identified. According to the National Union of Organizations
    of Persons with HIV/AIDS (UNOPA), of the 10,000 HIV-positive persons in
    the country, more than 7,000 were between the age of 18 and 22. Many of
    them were targets of social discrimination. Many of these individuals
    were believed to have a low level of formal education because they
    dropped out of school due to stigmatization, discrimination, or
    disease. UNOPA carried out a project aimed at giving vocational
    training to HIV-positive young persons in order to help them find jobs.
        In a report published in June that assessed the situation of HIV-
    positive persons, UNOPA concluded that many of these persons had to
    discontinue treatment because of the insufficient funds for HIV
    medications from the National Health Insurance House. The report also
    revealed difficulties in accessing dental and gynecology services.
    According to UNOPA only a small number of HIV-positive persons had jobs
    because of their fear of applying for work and their belief that
    coworkers might find out about their disease or that they were not up
    to the challenges of regular work.
        In September 2009 an NGO filed a complaint with the Iasi Doctors'
    Council and the CNCD against a doctor who refused to issue a document
    required to assign a place in a student hostel to an HIV-positive
    student, arguing the risk of contamination. Although the Doctors'
    Council ruled the doctor's action did not constitute an unethical or
    discriminatory act, the CNCD decided in November 2009 that the act in
    question was discriminatory and sanctioned the doctor with an
    admonition.

        Incitement to Acts of Discrimination.--There were no reports of
    propaganda in government or government-controlled media that attempted
    to justify or promote ethnic hatred or violence. However, various
    government officials made statements throughout the year that
    contributed to ethnic stereotyping of Roma (see section 6, National/
    Racial/Ethnic Minorities).
    Section 7. Worker Rights

        a. The Right of Association.--The constitution allows workers to
    form and join independent labor unions without prior authorization, and
    workers freely exercised this right. However, employees of the Ministry
    of National Defense, most employees of the Ministry of Administration
    and Interior, most employees of the Ministry of Justice, prison
    personnel, and intelligence personnel did not have the right to
    unionize. Approximately 40 percent of the workforce was unionized;
    however, that number continued to decline. The majority of unionized
    workers belonged to one of the five main national trade union
    confederations. Only a small percentage of agricultural workers
    belonged to unions.
        The right to form unions was generally respected in practice. Union
    officials stated that registration requirements stipulated by law were
    complicated but generally reasonable. However, unions objected to the
    requirement that they submit lists of prospective union members with
    their registration application. Since employers also had access to this
    list, union officials feared that this could lead to reprisals against
    individual unionized employees, hindering the formation of new unions.
        The law allows unions to conduct their activities without
    interference, and the Government protected this right in practice.
    However, unions complained about excessive political influence at
    workplaces in public institutions. The alleged interference included
    appointment of managers for political reasons and instances where
    politically connected managers received prior information about
    supposedly unannounced labor inspections.
        Although the law permits strikes by most workers, lengthy and
    cumbersome requirements made it difficult to hold strikes legally.
    Unions may strike only if all arbitration efforts have failed and
    employers are given 48 hours' notice. Unions complained that they must
    submit their grievances to government-sponsored arbitration before
    initiating a strike and that the courts had a propensity to declare
    strikes illegal. Companies may claim damages from strike organizers if
    a court deems a strike illegal. Judges, prosecutors, some justice
    ministry staff, and employees of the intelligence service and the
    Ministries of National Defense, and Administration and Internal Affairs
    do not have the right to strike.

        b. The Right to Organize and Bargain Collectively.--The law
    provides workers the right to bargain collectively, but government
    control of many industrial enterprises and the absence of independent
    management representatives hindered collective bargaining. Only
    enterprises employing more than 21 persons may negotiate collective
    agreements. Collective labor contracts covered approximately 80 percent
    of the workforce at the branch and unit levels. National collective
    labor contracts are negotiated every four years. The main employers'
    associations, trade unions, and the Government last negotiated a
    national collective labor contract for 2007-2010. However, contracts
    resulting from collective bargaining were not consistently enforced.
        The law has specific provisions against antiunion discrimination,
    which were generally respected. However, the International Trade Union
    Confederation reported that some companies, including foreign
    companies, employed tactics such as spreading antiunion propaganda,
    intimidating trade union members, and making employment conditional on
    a workers' agreement not to join a union. Public sector employees of
    one union federation informed the union that management had threatened
    them not to join street protests. Unions stated that many public and
    private sector employees were afraid to pursue disputes in court for
    fear of losing their jobs.
        There are no exemptions from regular labor laws in the country's
    six free trade zones and 31 disadvantaged zones.

        c. Prohibition of Forced or Compulsory Labor.--The law prohibits
    forced or compulsory labor, including by children; however, there were
    reports that such practices occurred. Persons, primarily local women
    and children, and women and children from Moldova, Colombia, and
    France, were trafficked within and to the country for begging, and
    petty theft. Also see the Department of State's annual Trafficking in
    Persons Report at www.state.gov/g/tip.

        d. Prohibition of Child Labor and Minimum Age for Employment.--
    There are laws to protect children from exploitation in the workplace;
    however, the Government did not consistently enforce these laws in
    practice, and child labor occurred.
        The minimum age for most forms of employment is 16 years, but
    children may work with the consent of parents or guardians at age 15.
    The law prohibits minors from working in hazardous conditions. The law
    provides a basis for the elimination of hazardous work for children and
    includes a list of dangerous work and sanctions for offenders. Parents
    whose children carry out hazardous activities are required to attend
    parental education programs or counseling and can be fined between 100
    and 1,000 lei ($32 to $320) for failure to do so. Persons who employ
    children for hazardous tasks can be fined 500 to 1,500 lei ($156 to
    $468).
        Minors over the age of 15 who are enrolled in school are also
    prohibited from performing activities that might endanger their health,
    morality, or safety. The activities are included on a list approved in
    2007 pursuant to an EU directive. Children under the age of 16 who work
    have the right to continue their education, and the law obliges
    employers to assist in this regard. Children aged 15 to 18 may only
    work six hours per day and up to 30 hours per week, provided their
    school attendance is not affected. In practice, however, reports
    indicated that many children did not attend school while working.
    Minors cannot work overtime or during the night, and they have the
    right to an additional three days of annual leave.
        Child labor, including begging, selling trinkets on the street, and
    washing windshields, remained widespread in Romani communities,
    especially in urban areas. Children as young as five engaged in such
    activities.
        The DGPC in the Ministry of Labor, Family, and Social Protection is
    mandated with monitoring and coordinating all programs for the
    prevention and elimination of the worst forms of child labor.
        Of the 964 confirmed cases of child labor reported in 2009, 604
    (62.7 percent) were in urban areas and 360 (37.3 percent) in rural
    areas; 434 of the victims were girls (45 percent) and 530 were boys (54
    percent); 749 victims (77.7 percent) were under 14 years of age and 215
    (22.3 percent) were between 15 and 18. The confirmed cases involved
    bonded labor (65 cases), begging (642 cases), victims of domestic
    trafficking (42 cases), external trafficking (29 cases), working
    without a labor contract (44 cases), forced labor (45 cases),
    prostitution (23 cases), working in the street (41 cases), and other
    illicit activities (22 cases). See also the Department of State's
    annual Trafficking in Persons Report at www.state.gov/g/tip.
        The Ministry of Labor, Family, and Social Protection can impose
    fines and close factories for child labor exploitation. However,
    enforcement of all but extreme violations tended to be lax. Employers
    who violated child labor laws were generally fined by the Labor
    Inspectorate but were not prosecuted in court. There were no reports
    during the year of anyone being charged in court with violating child
    labor laws; in practice judges did not consider violations of the child
    labor law to be criminal offenses.
        The law requires schools to notify social services immediately if
    children miss class to work. Social services have the responsibility to
    reintegrate such children into the educational system. The Government
    conducted information campaigns to raise awareness of child labor and
    children's rights among children, potential employers, school
    officials, and the general public.

        e. Acceptable Conditions of Work.--Beginning in January 2009 the
    gross minimum wage was 600 lei (approximately $187) for a full-time
    schedule of 170 hours per month, or approximately 3.75 lei ($1.17) per
    hour. The minimum wage for skilled workers was 20 percent higher.
    During the year the minimum wage was briefly raised to 705 lei ($220 a
    month), then reduced to the previous level of 600 lei ($187) in order
    to comply with the country's agreement with the International Monetary
    Fund (IMF).
        In the first six months of the year, based on a new Unitary Salary
    Law that came into force on January 1, the minimum wage for public
    sector employees was 705 lei ($220) per month. Following the country's
    agreement with the IMF, the Government invoked a constitutional
    provision for enacting special temporary measures under extraordinary
    circumstances to cut salaries of public sector employees by 25 percent
    as of July 1.
        The minimum monthly wage did not provide a decent standard of
    living for a worker and family. The Ministry of Labor, Family, and
    Social Protection successfully enforced minimum wage rates. In practice
    many employers paid supplemental salaries under the table to reduce
    both the employees' and employers' tax burdens. However, this practice
    negatively affected employees' future pensions and their ability to
    obtain commercial credit.
        The law provides for a standard workweek of 40 hours or five days.
    Workers are entitled to overtime pay for weekend or holiday work or
    work in excess of 40 hours, which may not exceed 48 hours per week
    averaged over one month. The law requires a 24-hour rest period in the
    workweek, although most workers received two days off per week. The
    Ministry of Labor, Family, and Social Protection effectively enforced
    these standards. Union leaders complained that overtime violations were
    the main problem facing their members, since employees were often
    required to work more than the legal maximum number of hours and the
    overtime compensation required by law was not always paid. This
    practice was especially prevalent in the textile, banking and finance,
    and construction sectors. Union officials alleged that a majority of
    on-the-job accidents occurred during such compulsory, uncompensated
    overtime.
        The law provides penalties for work performed without a labor
    contract in either the formal or informal sectors of the economy.
    Employers who use illegal labor may be jailed or fined up to 100,000
    lei ($31,200). During the year enforcement was lax, due not only to
    corruption within the Labor Inspectorate but also because both
    employers and employees could benefit from lower taxes by working
    without a labor contract or by receiving a supplemental salary under
    the table.
        The Ministry of Labor, Family, and Social Protection is responsible
    for establishing and enforcing safety standards for most industries but
    lacked trained personnel to do so effectively. Employers often ignored
    the ministry's recommendations, which were usually implemented only
    after an accident occurred. Workers had the right to refuse dangerous
    work but seldom invoked it in practice.

                                   __________

                                     RUSSIA

        The Russian Federation has a centralized political system, with
    power concentrated in a president and a prime minister, a weak
    multiparty political system dominated by the ruling United Russia
    party, and a bicameral legislature (Federal Assembly). The Federal
    Assembly consists of a lower house (State Duma) and an upper house
    (Federation Council). The country has an estimated population of 142
    million. Security forces generally reported to civilian authorities;
    however, in some areas of the Northern Caucasus, there were serious
    problems with civilian control of security forces.
        There were numerous reports of governmental and societal human
    rights problems and abuses during the year. The restrictions on
    political competition and interference in local and regional elections
    in ways that restricted citizens' right to change their government
    continued. There were reports of: attacks on and killings of
    journalists by unidentified persons for reasons apparently related to
    their activities; physical abuse by law enforcement officers,
    particularly in the North Caucasus region; and harsh and often life-
    threatening prison conditions. Arbitrary detention and politically
    motivated imprisonments were problems. The Government controlled many
    media outlets and infringed on freedoms of speech and expression,
    pressured major independent media outlets to abstain from critical
    coverage, and harassed and intimidated some journalists into practicing
    self-censorship. The Internet remained by and large free and provided
    citizens access to an increased amount of information that was not
    available on state-controlled media. The Government limited freedom of
    assembly, and police at times used violence to prevent groups from
    engaging in peaceful protest. Rule of law and due process violations
    remained a problem.
        Corruption was widespread throughout the executive, legislative,
    and judicial branches, and officials often engaged in corrupt
    practices. Corruption in law enforcement remained a serious problem.
    Political and executive influence on the judicial system was observed
    in some high-profile cases. The Government made it difficult for some
    nongovernmental organizations (NGOs) to carry out their work.
    Unidentified assailants physically attacked NGO leaders who took
    positions opposed to government policies or private interests. Security
    services and local authorities at times fabricated grounds for legal
    justification for searches and raids on civil society groups. Violence
    against women and children, including domestic violence, remained a
    significant problem. Trafficking in persons continued to be a
    significant problem. During the year xenophobic, racial, anti-Semitic,
    and ethnic attacks and hate crimes, particularly by skinheads,
    nationalists, and right-wing extremists, continued to be significant
    problems. There were instances of societal discrimination, harassment,
    and violence against religious and ethnic minorities. There continued
    to be some governmental and widespread social discrimination against
    persons with disabilities, ethnic minorities, and dark-skinned
    immigrants. Worker rights were limited. Labor activists reported police
    used intimidation techniques against union supporters, including
    detention, interrogations, and provocation of physical confrontation.
        The conflict between the Government and insurgents, Islamist
    militants, and criminal forces in the North Caucasus led to numerous
    human rights violations by all parties, who reportedly engaged in
    killing, torture, abuse, violence, and politically motivated
    abductions, often with impunity. In Dagestan and Kabardino-Balkariya,
    the number of attacks on law enforcement personnel increased markedly.
    Violence generally decreased in Chechnya and Ingushetiya in comparison
    with 2009, but there were some high-profile attacks on regional
    government targets. The number of persons killed in the region declined
    slightly from 2009; however, the number of injured, especially among
    civilians, increased significantly. Thousands of internally displaced
    persons (IDPs) in the region lived in temporary centers that failed to
    meet international standards.
                            respect 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
    the Government or its agents committed politically motivated killings
    and other arbitrary killings, particularly in the Caucasus region (see
    section 1.g.). In many cases the Government did not punish the
    perpetrators.
        In the Caucasus areas of conflict, there were numerous killings
    during the year by both authorities and militants (see section 1.g.).
        On January 20, Tomsk resident Konstantin Popov, who was arrested
    for public intoxication, died in police custody after policeman Alexey
    Mitayev beat him and shot him in the genitals. Authorities arrested
    Mitayev and charged him with assault and abuse of authority. Mitayev
    faced 10 years in prison on charges of ``intentional infliction of a
    grave injury leading to death by negligence'' and ``exceeding official
    powers with the use of force.'' On January 22, the Kremlin fired the
    chief of the Tomsk police force, General Viktor Grechman, in reaction
    to the killing. First Deputy Prosecutor Aleksander Buksman called for
    the control of holding cells for drunks to be transferred to the health
    and social development ministry.
        The Ministry of Defense reported 14 deaths as a direct result of
    hazing during the year (see section 1.c.). However, the Committee of
    Soldiers' Mothers estimated the actual number of deaths during the year
    due to violence among soldiers, including those who died in hospitals,
    upon discharge or because of lack of medical care, to be approximately
    2,000. As in past years, human rights observers noted that few of the
    persons accused in such incidents were prosecuted or otherwise held
    accountable.
        According to the publication Kommersant, in May, Roman Suslov, a
    21-year-old draftee, was found hanged on a train bound for his military
    posting. Although the army claimed he committed suicide, Suslov's body
    showed clear signs of violent death and no signs of hanging. Suslov had
    sent a text message to his parents on the day of his death warning of
    the brutal conditions in the military, writing ``they will either kill
    me or make me disabled.'' The authorities opened an investigation only
    after repeated demands by his parents.
        On May 31, Albert Kiyamov fell to his death out of a fourth story
    barracks window, five days after reporting for military duty. Although
    the death was ruled a suicide, Kiyamov had endured days of beating and
    humiliation at the hands of his sergeant, Sergey Lugovets, against whom
    criminal charges were filed.
        There was a report of a death during the year related to denial of
    medical care in a pretrial detention center. On April 30, Vera
    Trifonova died after awaiting trial for more than four months in the
    Matrosskaya Tishina pretrial detention center. The lead investigator in
    the criminal case against her was charged with criminal negligence.
    Human rights observers charged that she was denied treatment for her
    worsening condition in order to force her to make a false confession
    (see section 1.c.).
        No charges resulted from an investigation into the 2009 death in a
    Moscow pretrial detention prison of lawyer Sergei Magnitskiy (see
    section 1.c.).
        On April 12, Moscow judge Eduard Chuvashov was shot and killed in
    the stairwell of his apartment in central Moscow. In February he had
    imposed stiff sentences on several members of the White Wolves fascist
    organization, finding nine of them responsible for 11 killings. This
    group was reportedly linked with the nationalist group Combat 18.
    Chuvashov had earlier convicted members of another nationalist group of
    killing 20 persons and attempting to kill 12 others. At year's end no
    suspects were apprehended in the case.
        According to the Glasnost Defense Foundation, a number of
    journalists were killed during the year, possibly for reasons related
    to their professional activities. The Government officially reopened
    investigations into the killings of several journalists from previous
    years (see section 2.a.), although by year's end there were arrests
    only in one case, that of the lawyer Stanislav Markelov and Novaya
    Gazeta reporter Anastasiya Baburova. Many of the killings were related
    to the conflict in the North Caucasus (see section 1.g.).
        On December 23, the Moscow city prosecutor's office filed a
    criminal case against Nikita Tikhonov and Yevgenia Khasis, who were
    arrested in November 2009 and charged with the January 2009 shooting
    death of human rights lawyer Stanislav Markelov and journalist
    Anastasiya Baburova. The attack occurred shortly after Markelov held a
    press conference to criticize the early parole of Colonel Yuriy
    Budanov, who in 2000 raped and strangled an 18-year-old Chechen girl.
    The prosecutor's office charged the pair with murder. Both individuals
    were reportedly closely associated with the Russian nationalist group
    Russian Way.
        There were no developments in the January 2009 fatal beating of 20-
    year-old activist Anton Stradymov in Moscow. Stradymov was a member of
    the National Bolshevik group. He had also participated in a number of
    ``dissenters marches,'' a form of political opposition protest begun in
    2006.
        There were no developments in the shooting death in November 2009
    by unknown persons of antifascist activist Ivan Khutorskoy.
        There were no developments in the October 2009 killing of prominent
    Ingush human rights activist Maksharip Aushev or the December 2009
    killing of several of his relatives. Despite the promise of
    Ingushetiya's president, Yunus-Bek Yevkurov Yevkurov, that there would
    be a vigorous investigation of Aushev's killing, no arrests were
    reported.
        There were no developments in the December 2009 killing of Gennadiy
    Prudetskiy director of the charity Social Defense for Victims of
    Repression. Investigators believed his shooting death could be related
    to his work with the charity.
        There were no developments in the cases of Muslim religious
    scholars Saihadji Saihadjiev, Nustap Abdurakhmanov, and Akhmed
    Hadjimagomedov, who were abducted and killed in 2008 in Dagestan.
        Rebel forces committed extrajudicial killings in the conflicts in
    the North Caucasus area (see section 1.g.).

        b. Disappearance.--Reports of politically motivated disappearances
    in connection with the conflicts in the Northern Caucasus continued.
    According to Caucasian Knot, an online Russian news agency specializing
    in reporting on the Caucasus, there were 52 cases of kidnappings or
    illegal detentions in the region, and only 16 of those persons were
    confirmed to have returned home (see section 1.g.).

        c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
    Punishment.--The constitution prohibits such practices; however, there
    were numerous, credible reports that law enforcement personnel engaged
    in torture, abuse, and violence to coerce confessions from suspects,
    and there were allegations authorities did not consistently hold
    officials accountable for such actions. There is no law defining
    torture, and prosecutors are only able to bring charges of simple
    assault or exceeding authority against police suspected of engaging in
    torture.
        Physical abuse of suspects by police officers usually occurred
    within the first few hours or days after arrest. Some of the methods
    reportedly used included beatings with fists, batons, or other objects.
    A February 2009 report by the commissioner for human rights (ombudsman)
    noted that one-third of the complaints submitted to his office involved
    human rights violations by law enforcement authorities.
        On February 11, police in Bashkortostan detained Dmitry Apanin, a
    fifth-year university student. News reports indicated officers mistook
    Apanin's severe stutter for evidence of intoxication and took him to a
    detoxification center. There, he was allegedly beaten, which resulted
    in breaking one of his spinal vertebrae.
        On June 17, police in Dagestan beat human rights lawyer Sapiyat
    Magomedova at a police precinct after she tried to gain access to a
    client.
        On August 31, Kstovo police allegedly beat 17-year-old Nikita
    Kaftasev, after detaining him on suspicion of committing an unspecified
    crime. The boy was dropped off at a city hospital the next morning,
    where he underwent emergency surgery; he reportedly sustained permanent
    damage to his genitals.
        Security forces at times beat journalists and protesters (see
    sections 2.a. and 2.b.).
        During the year, reports by refugees, NGOs, and the press suggested
    a pattern of police beatings, arrests, and extortion when dealing with
    persons who appeared to be of Caucasus, Central Asian, African, or
    Romani ethnicity.
        In June a Moscow court dismissed the case against former Yukos Oil
    Company vice president Vasiliy Aleksanyan due to an expiration of the
    statute of limitations. Aleksanyan, who was charged with assisting
    Yukos in tax evasion in 2006 but never tried, was HIV positive and had
    been diagnosed with lymphatic cancer and tuberculosis. He initially was
    held in a prison, rather than a hospital, but was released in 2009.
        On February 11, the chair of the Investigative Committee--a federal
    autonomous investigative body--Aleksandr Bastrykin ordered the
    reopening of a 2008 police beating case of several young men near
    Moscow's Sokolniki Metro Station. Police reportedly used billy clubs
    and electric shock in the beating. According to the Web site
    avtonom.org, a case had been opened against the police but later closed
    due to a lack of evidence.
        There continued to be instances of attacks on political and human
    rights activists, critics of government policies, and persons whom the
    Government considered supportive of the opposition. For example,
    government forces engaged in the conflict in the North Caucasus
    reportedly tortured and otherwise mistreated civilians, as well as
    participants in the conflict (see section 1.g.).
        In March Amnesty International reported an attack on Vadim
    Karastelev, a member of the Novorossisk Human Rights Committee. He was
    severely beaten by two men outside his home. The attack occurred a day
    after his release from police detention, where he had been under arrest
    for seven days for an administrative offense--organizing a
    demonstration and allegedly disobeying police orders. Karastelev had
    earlier distributed leaflets calling for public support for police
    reform and support for former policeman Aleksey Dymovskiy, who is
    widely known for his Youtube video calling on President Medvedev to
    reform the police. According to police in Novorossisk, one person was
    detained in connection with the attack, which police investigators
    described as an act of ``hooliganism.'' (see section 1.d.).
        On October 25, unknown assailants beat Sochi activist Mikhail
    Vinyukov with metal rods. He was treated for a concussion, stab wounds,
    severe lacerations, and bruises, among other injuries. Observers linked
    the attack to Vinyukov's work on anticorruption issues. Vinyukov is the
    head of a branch of the NGO White Tape, whose manifesto is to protect
    citizen rights and interests. According to the Other Russia Web site,
    Vinyukov's life was threatened after he released a recording of a
    conversation between the head of the Sochi Resort Service and Tourism
    Department, Vladimir Shiroky, and the director of the Lagarevsky Rest
    Tourism Company, Galina Panaetova, which lead to Panaetova's arrest for
    bribery.
        On November 4, unknown assailants attacked environmental activist
    Konstantin Fetisov with baseball bats outside his apartment building,
    fracturing his skull. Observers linked the attack to Fetisov's
    participation in the campaign to preserve the Khimki forest. According
    to the Moscow Times, on December 27, police detained Andrei Chernyshev,
    Andrei Kashirin, and Vyacheslav Kovalyov in connection with the
    beating. Chernyshev, who is a department head of the property
    management committee in the Khimki City Hall, is suspected by the
    authorities of hiring the other two unemployed men to commit the
    beating.
        There was no indication the authorities were investigating the
    attack on human rights activist and former parliamentarian Lev
    Ponomaryov in April 2009.
        There was no indication authorities were investigating the April
    2009 attack on Stanoslav Yakovlev, a member of the Solidarity
    opposition party, or the July 2009 shooting assault on Albert
    Pchelintsev, a local anticorruption activist and freelance journalist
    from the Khimki region.
        In December 2009 police arrested the deputy head of the
    Khabarovskiy Kray Prosecutor's Office, Viktor Basov, for allegedly
    raping three juvenile girls. An investigator opened a criminal case
    against Basov, but the Khabarovsk Kray chief prosecutor refused to
    proceed. A federal prosecutor reopened the case, and Basov began his
    trial for rape in October.
        Reported abuses against military servicemen, particularly
    ``dedovshchina,'' and the violent hazing of junior recruits in the
    military and other security services increased in the first half of the
    year. According to military officials, from January through May, such
    incidents increased by 150 percent compared with the same period in
    2009. The newspaper Vedimosti reported that during the same period,
    approximately 1,167 conscripts were hazed. Earlier in the year, the
    commander of the Siberian Military District told reporters that there
    was no dramatic decrease in such offenses as had been expected by
    military officials following the reduction in the period of mandatory
    military service to 12 months. Soldiers serving on contracts reportedly
    replaced senior soldiers as the main perpetrators of hazing. Such
    mistreatment often included beatings and extortion. According to the
    chief military prosecutor of the Russian Federation, Sergey Fridinskiy,
    more than 2,000 servicemen were convicted during the year of hazing
    recruits.
        In an interview with Argumenty I Fakty, Chief Military Prosecutor
    Sergey Fridinskiy said the number of hazing cases in the armed forces
    in 2010 increased by 18 percent over 2009. He believes the increase is
    related to a more than double increase in the number of conscripts.
    Supervising officers are also to blame, he noted. In 2009 Committee of
    Soldiers' Mothers regional committees reported receiving 9,523
    complaints of hazing mistreatment of servicemen from 20 regions of the
    country, similar to previous years. The complaints mostly concerned
    beatings, but also included sexual abuse, torture, and enslavement.
    Soldiers often did not report hazing to unit officers or military
    prosecutors due to fear of reprisals, since in some cases officers
    allegedly tolerated or even encouraged hazing as a means of controlling
    their units. Such cases were usually investigated only following
    pressure from family members, NGOs, or the media.
        Several deaths occurred as a direct or indirect result of military
    hazing during the year (see section 1.a.).
        On September 16, a young recruit, Andrei Starkov, was found dead in
    a military unit in Khabarovsk Krai. Starkov began his military service
    in June but was found hanging with no visible injuries. Investigators
    stated they had no evidence his death was caused by hazing, but his
    girlfriend and parents reported he had shown no signs of suicidal or
    abnormal behavior.
        During the previous year, seven soldiers had been found hung in
    military units in Khabarovsk Krai, and in only one of these cases did
    the military accept responsibility for the recruit's death.
        There were no developments in the investigation of the October 2009
    hanging death of 19-year-old private Denis Kostenko of Volgograd in
    Khabarovskiy Kray.
        The human rights ombudsman, as well as the Committee of Soldiers'
    Mothers, stated there was a growing problem with young men being forced
    to sign contracts to serve in the military forces. According to the
    Committee of Soldiers' Mothers, 10 soldiers had filed complaints with
    their organization regarding being forced to sign military service
    contracts.
        According to the Committee of Soldiers' Mothers, there were
    approximately 2,000 criminal cases related to violence amongst soldiers
    filed with the Ministry of Defense during the year. As in the past,
    hazing problems were reported to be particularly common in units that
    had previously served in areas of military conflict.
        Rebel forces engaged in the conflict in the North Caucasus region
    reportedly tortured and otherwise mistreated civilians, as well as
    participants in the conflict (see section 1.g.).

        Prison and Detention Center Conditions.--Prison conditions in many
    facilities remained extremely harsh and at times life threatening.
    Authorities permitted some monitoring by independent nongovernmental
    observers. Refusal by authorities to provide needed medical attention
    resulted in at least one death during the year (see section 1.a.). The
    Ministry of Justice's Federal Service for the Execution of Sentences
    (FSIN) administered most of the penitentiary system from Moscow.
    According to an official FSIN prison survey conducted in February,
    862,300 persons were in custody, including 8,500 juveniles and 55,300
    women. Of these, 734,300 were held in labor colonies and 129,800 in
    pretrial detention centers. Detainees were held in five basic forms of
    custody: temporary police detention centers, pretrial detention
    facilities (SIZOs), correctional labor colonies (ITKs), prisons
    designated for those who violate ITK rules, and educational labor
    colonies (VTKs) for juveniles.
        Conditions in SIZO pretrial facilities varied considerably, but
    many remained extremely harsh and posed a serious threat to health and
    life. In past years official statistics generally recorded several
    thousand prisoner deaths per year in SIZOs. Health, nutrition,
    ventilation, and sanitation standards remained low. Overcrowding was
    common, but the Federal Prison Service reported that by February,
    approximately 129,800 suspects were being held in pretrial detention
    facilities, a significant reduction from the previous year.
        Sergey Pysin, the lead investigator in the criminal case against
    Vera Trifonova who died on April 30 after awaiting trial for more than
    four months in Moscow's Matrosskaya Tishina pretrial detention center,
    was charged with criminal negligence. Trifonova, a businesswoman,
    suffered from severe diabetes, chronic kidney failure, was nearly
    blind, and required a wheelchair. Human rights observers claimed she
    was denied treatment for her worsening condition to force her to
    provide false testimony. President Medvedev ordered an investigation
    and the deputy head of the investigative committee for the Moscow
    Oblast reportedly was fired.
        Russian-born Latvian national Grigoris Spektors, who was accused of
    an economic crime, was denied critically needed medical treatment for
    diabetes and gangrene in a prison medical facility during the year and
    instead was incarcerated in Pretrial Detention Center Number Four. When
    Spektors was able to pay five million rubles ($161,000) for bail, the
    bail was increased to 18 million rubles ($582,000). Spektors was
    subsequently released and was undergoing treatment in Riga, Latvia, at
    year's end.
        The case of Sergey Magnitskiy, a pretrial detainee who died while
    in police custody in November 2009, continued. In July Investigative
    Committee Head Aleksandr Bastrykin opened a criminal case against
    Interior Ministry (MVD) personnel who had initially overseen the
    Magnitskiy case. Authorities were purportedly moving slowly because
    important persons were implicated (see section 4).
        In January eight prison employees of the IK-1 (penal colony number
    1) in Kopeysk, Chelyabinsk Oblast, were charged with brutality for the
    beating deaths of four inmates in 2008 while trying to end a riot. In
    October 2009 investigators in Chelyabinsk charged the head of the
    Oblast's FSIN, Vladimir Zhidkov, and 17 subordinates with deliberately
    covering up the killing. Zhidkov faced either a fine of 200,000 rubles
    ($6,613) or a prison term of two years. A trial began on June 30 and
    continued at year's end.
        Most convicted prisoners were imprisoned in correctional labor
    colonies, which provided greater freedom of movement than SIZOs;
    however, at times guards humiliated and beat prisoners, according to
    Amnesty International. The country's prisons, distinct from
    correctional colonies, are penitentiary institutions for those who
    repeatedly violate the rules in ITKs.
        Federal standards call for a minimum of approximately 43 square
    feet per inmate, which is less than the 75-square-feet standard set by
    the European Convention on Human Rights. Widespread overcrowding
    remained a problem; however, the NGO Penal Reform International
    reported some progress in meeting this standard. President Medvedev
    moved to reduce the prison system's chronic overcrowding problem by
    issuing more pardons than his predecessor, and in August the Government
    implemented a broader use of punishment short of prison for persons
    convicted of lesser crimes.
        As of July, according to FSIN data, approximately 41 percent of
    persons incarcerated in the federal prison system had some type of
    illness. However, in August the General Prosecutor's Office stated that
    90 percent of inmates have health problems, and there were 1.2 million
    cases of illness. Approximately 67,000 inmates had mental disorders,
    40,000 had active tuberculosis, and 55,000 had HIV. Statistics for the
    number of drug and alcohol addicts in prison were not available for
    2010. Tuberculosis infection rates were far higher in detention
    facilities than in the population at large. Some defense attorneys
    reported the risk of contracting a disease in prison is very high and
    that some lawyers feared meeting with their clients for fear of
    contracting illness, such as tuberculosis. The European Court of Human
    Rights (ECHR) has entered various judgments against the country for
    failing to provide adequate medical care and not providing humane
    conditions and adequate space per prisoner.
        Abuse of prisoners by other prisoners continued to be a problem.
    Violence among inmates, including beating and rape, was common. There
    were elaborate inmate-enforced caste systems in which certain groups,
    including informers, homosexuals, rapists, prison rape victims, and
    child molesters were considered ``untouchables'' (the lowest caste) and
    treated harshly. Prison authorities provided little or no protection.
        As of June 2009, 62 VTKs held 8,500 juvenile prisoners. Conditions
    in the VTKs were significantly better than in the ITKs, but some
    juveniles in the VTKs and juvenile SIZO cells reportedly were beaten or
    raped. While juveniles were generally held separately from adults,
    there were two prisons in Moscow and one in St. Petersburg where
    children and adults were not separated.
        The law regulating public oversight of detention centers allows
    public oversight commission representatives to visit the facilities and
    has been operational in at least 70 regions since the fall of 2009.
    Regional NGOs are active in the commission's work. Additionally, since
    the April 2009 signing of a decree by Interior Minister Rashid
    Nurgaliyev, human rights groups have been allowed to monitor conditions
    of arrest and detention for pretrial detainees.
        However, the decree lacked firm instructions on its implementation,
    leaving the discretion to cooperate to authorities. The decree also
    required that officials be present during any discussions of conditions
    with prisoners. The liberal newspaper Noviye Izvestiye reported in
    October 2009 that the law had achieved mixed results, with some prison
    officials highly cooperative and others obstructionist, although in the
    latter case human rights advocates attributed the problem to lack of
    education among prison officials about the new law.
        Human rights observers were able to visit most of the country's 765
    prison and detention facilities. Since 2004 authorities have refused to
    grant the International Committee of the Red Cross (ICRC) access under
    its standard criteria to persons detained as part of the conflict in
    Chechnya, and the ICRC as of year's end still did not have any access
    to these detention facilities.
        According to the NGO Memorial, during the year the human rights
    group Committee of Societal Observers visited detention centers in the
    North Caucasus, where they documented continuing abuses.
        According to observers, persons convicted for minor offenses may
    often spend six months in prison before having a chance for parole.

        d. Arbitrary Arrest or Detention.--The law prohibits arbitrary
    arrest and detention; however, in practice they remained problems.

        Role of the Police and Security Apparatus.--The Ministry of
    Interior, the Federal Security Service (FSB), and the office of the
    prosecutor general (Procuracy) are responsible for law enforcement at
    all levels of government. The FSB is responsible for security,
    counterintelligence, and counterterrorism, but it also has broader law
    enforcement functions, including fighting crime and corruption. The
    Procuracy has authority over the FSB, and the Investigative Committee,
    an independent body, has the authority to investigate crimes of
    individuals in the FSB. The national police force, under the Ministry
    of Interior, is organized at the federal, regional, and local levels.
        In February the magazine New Times published accusations that the
    special purpose police detachments (OMON) employed slave labor and had
    permission to use excessive force when disbanding unauthorized
    demonstrations (see section 2.a.).
        On March 10, legislators from the state Duma security committee
    sent an official request to Prosecutor General Yuriy Chayka to provide
    an explanation for an incident in which the Moscow traffic police used
    civilians' vehicles with persons inside as a human roadblock to stop a
    car carrying suspected armed criminals. Stanislav Sutyagin, one of the
    men whose car was damaged, told his story on Youtube. Sutyagin noted
    the traffic police later informed the car owners that since the
    criminal vehicle got away, they would not be compensated for their car
    damages.
        A new law empowered the FSB to issue warnings to individuals whom
    they believe to be creating the conditions for a criminal act ``against
    the country's security.'' The new law imposes fines and detention of up
    to 15 days for individuals judged to have hindered the work of an FSB
    employee.
        According to the Ministry of Interior Web site, MVD officials
    committed 125,000 offenses during the year (21 percent more than in
    2009). Of this number, an estimated 63,000 involved misconduct or
    disciplinary violations, and 4,171 criminal cases against police
    officers were initiated.
        On January 22, Aleksey Dymovskiy, a former police officer who
    gained notoriety for his Youtube video in which he accused the
    Novorossiysk police force of corruption, was arrested and charged with
    defrauding the police department of 24,000 rubles ($775). He was held
    in pretrial detention for two months, and then released (see section
    4).
        On July 1, authorities released Tatyana Kazakova, mayor of the
    Siberian village of Listvyanka, whom the FSB had arrested in 2008,
    accused of abuse of office and election irregularities, and held for
    more than two years in pretrial detention. Observers alleged her arrest
    may have been ordered in retaliation for her request for a criminal
    inquiry into an FSB-owned resort. The federal children's ombudsman,
    Pavel Astakhov, called the Government's refusal to allow Kazakova's
    children to visit her during detention a ``major injustice'' and
    declared she was being persecuted, a charge echoed by the Siberian
    human rights ombudsman. Kazakova was found guilty of a felony, but her
    six-year sentence was suspended in September.
        On August 2, police in Tatarstan detained human rights lawyer
    Rustem Vliullin for two days. Vliullin claimed one officer from the
    counterextremism department beat him and another officer threatened to
    kill him. He was arrested after videotaping police when they stopped
    his client for a traffic violation. He was never charged with a crime,
    and he filed a suit against the police.

        Arrest Procedures and Treatment While in Detention.--By law an
    individual may be taken into custody for up to 48 hours without court
    approval if arrested at the scene of a crime, provided there is
    evidence of the crime or a witness. Otherwise a court-approved arrest
    warrant is required. After their arrest, detainees are typically taken
    to the nearest police station, where they are informed of their rights.
    Police are required to document in writing the grounds for the
    detention. This document is to be signed by the detainee and the police
    officer within three hours of detention. Police must interrogate the
    detainee within the first 24 hours of detention. Prior to interrogation
    the detainee has the right to meet with an attorney for two hours. No
    later than 12 hours after detention, police must notify the prosecutor.
    They must also notify the detainee's relatives unless a prosecutor
    issues a warrant to keep the detention secret.
        Police are required to release a detainee after 48 hours, subject
    to bail conditions, unless a court decides to prolong custody in
    response to a motion filed by police no later than eight hours before
    the expiration of the 48-hour detention period. The defendant and
    attorney must be present at the court hearing. By law police must
    complete their investigation and transfer the case file to a prosecutor
    for arraignment within two months of a suspect's arrest, although a
    court may extend a criminal investigation for up to six months in cases
    classified as complex. With the personal approval of the prosecutor
    general, a judge may extend that period up to 18 months. According to
    some defense lawyers, these time limits were frequently evaded by
    formally sending the case to court for adjudication. This action
    effectively extends the 18-month time limit.
        Amendments to the Criminal Procedure Code adopted in April imposed
    new limits on pretrial detention in cases involving ``entrepreneurial''
    (i.e., white-collar) crimes. The amendment also widened the definition
    of economic crimes and allowed bail to be offered at any time through
    real property, rather than cash or securities. While it is difficult to
    accurately measure the amendment's impact, available information seems
    to indicate a significant decrease in pretrial detention. According to
    Russian Supreme Court Justice Lebedev, in the first six weeks after the
    passage of the amendment, courts approved less than 50 percent of
    detention applications, in contrast to the 90 percent approval rate
    prior to the law. According to an editorial in the newspaper Vedimosti,
    the total number of accused persons held in pretrial detention dropped
    by 10 percent--from 131,400 to 120,100, in the first nine months of the
    year. However, some lower courts appeared to disregard the amendments
    by simply defining the charged crimes as ``nonentrepreneurial,''
    thereby exempting them from the scope of the new law. This disregard
    was possibly due to illicit pressure on judges by corrupt business
    parties who initially ``commissioned'' the cases.
        Legal limitations on detention were generally respected outside of
    the North Caucasus; however, there were exceptions. There were reports
    of occasional violations of the 48-hour limit for holding an arrestee.
    At times authorities failed to write the official detention protocol
    within the required three hours after the actual detention and held
    suspects longer than the legal detention limits. In April legislation
    was adopted to provide remedies in domestic courts for persons with
    grievances over prolonged detention (see section 1.e.).
        There were reports that police, in obtaining defense counsel for
    detainees, obtained defense counsel friendly to the prosecution. These
    ``pocket'' defense attorneys agreed to the interrogation of their
    clients in their presence while making no effort to defend their
    clients' legal rights. The general ignorance of legal rights on the
    part of both defendants and their legal counsel contributed to the
    persistence of these violations. In many cases, especially in more
    remote regions, defense counsel was not available for indigent
    defendants.
        Judges occasionally suppressed confessions of suspects if they were
    taken without a lawyer present. They also at times freed suspects who
    were held in excess of detention limits, although they usually granted
    prosecutors' motions to extend the detention period for good cause. The
    Supreme Court overturned a number of cases in which lower court judges
    permitted prolonged detention on what the Supreme Court deemed
    inadequate grounds.

        e. Denial of Fair Public Trial.--The law provides for an
    independent judiciary; however, the judicial branch did not
    consistently act as an effective counterweight to other branches of the
    Government. Judges remained subject to influence from the executive,
    military, and security forces, particularly in high profile or
    politically sensitive cases, such as the Khodorkovskiy case.
        The law requires judicial approval of arrest warrants, searches,
    seizures, and detentions. This approval requirement was generally
    honored, although the process of obtaining the judicial warrants was
    occasionally subverted by bribery or political pressure.
        The Investigation Committee, formerly located within the Office of
    the Prosecutor General, is now an independent agency, overseeing the
    investigation of many serious cases. The Investigation Committee chief
    is appointed directly by the president.
        Despite recent increases in judges' salaries, reports of judges
    accepting bribes continued. For the first half of the year, the Supreme
    Qualifying Collegium of Judges removed one judge from office for a
    disciplinary offense and warned another. This collegium is charged with
    certifying appointments to the judiciary and judges' promotions.
    Regional qualifying collegia during this period disciplined 163 judges
    for disciplinary violations, including 155 judges of the courts of
    general jurisdiction and eight arbitrazh (commercial court) judges. In
    addition, a considerable number of judges each year are allowed to
    leave office on their own initiative without any question of discipline
    being raised formally.
        The Supreme Court stated in April that 40 percent of criminal cases
    presented to the upper court in 2009 suffered from judicial errors. The
    reported main sources of these errors were poor qualifications of
    judges in the lower courts and improper classification of crimes as
    criminal rather than administrative. The head of the Supreme Court,
    Vyacheslav Lebedev, called for stricter selection of future judges,
    noting that 60 to 70 judges each year are dismissed.
        Authorities did not provide adequate protection for witnesses and
    victims from intimidation or threats from powerful criminal defendants.
    In May 2009 the Ministry of Interior estimated nearly half of the
    approximately 10 million witnesses in criminal cases suffered threats
    or violence from criminal elements; they noted the existence of the
    witness protection program was little known among the population.
        In February 2009 a Moscow judge, Olga Kudeshkina, publicly
    criticized Moscow's judicial system, alleging widespread improper
    influence on rulings and calling it an ``instrument for settling
    political, commercial, or personal scores.'' She was subsequently
    dismissed from her position. She appealed her case to the European
    Court of Human Rights (ECHR), which in August awarded her 10,000 euros
    ($13,400).
        In June 2009 the Council of Europe issued a report, based on
    interviews with judges, prosecutors, defense lawyers, and defendants,
    which asserted that judges routinely received intimidating telephone
    calls from superiors instructing them how to rule in specific cases,
    with particular emphasis placed on delivering convictions at any cost.
    The report stated defense attorneys were frequently threatened and
    corporations were at the mercy of corrupt law enforcement officials.
    Among the cases detailed in the report was one of a Moscow region judge
    who was dismissed and told publicly by a United Russia Duma deputy that
    she ``ought to be shot'' after voiding the results of a local election.

        Trial Procedures.--Trials typically are conducted before a judge
    without a jury (bench trials). The defendant is presumed innocent. The
    defense is not required to present evidence and is given an opportunity
    to cross-examine witnesses and call defense witnesses. Defendants who
    are in custody during the trial are confined to a caged area in the
    courtroom and must consult with their attorneys through the bars.
    Defendants have the right of appeal.
        The law provides for the use of jury trials for a limited category
    of crimes in higher-level regional courts.
        During the year the ECHR on multiple occasions found the country in
    violation of provisions of the European Convention on Human Rights
    related to trial procedures. The court found 84 violations by the
    country involving the right to a fair trial and 29 violations involving
    proceedings that exceeded a ``reasonable'' length of time.
        According to the Novosti Web site, in December Prime Minister Putin
    opined jury trials are ``ineffective'' and can be influenced by clan or
    ethnic interests. In 2008 the State Duma enacted, and the president
    signed, a law providing that certain crimes, including terrorism,
    espionage, hostage taking, and mass disorder, would be heard by panels
    of three judges rather than by juries.
        In July 2009 the Government began using plea bargaining in criminal
    cases. Plea bargains reduced defendants' time in pretrial detention,
    reduced the average prison sentence by one third, and allowed courts
    and prosecutors to devote their resources to other cases.
        Prior to trial defendants are provided a copy of their indictment,
    which describes the charges in detail. They are also given an
    opportunity to review their criminal file following the completion of
    the criminal investigation. Defense attorneys are allowed to visit
    their clients in detention, although sometimes conditions reportedly
    make it difficult for attorneys to conduct meaningful and confidential
    consultations with their clients. Some defense lawyers claimed their
    conversations were monitored electronically by informants, and that
    sometimes prison authorities didn't provide them with access to their
    clients. They also claimed that investigators hired ``pocket
    attorneys'' who simply advised defendants to confess, thereby
    preventing the defendant from obtaining real legal representation.
        The law provides for the appointment of an attorney free of charge
    if a suspect cannot afford one; however, this provision was often
    ignored in practice. The high cost of competent legal service means
    lower-income defendants often lacked competent representation. There
    were few defense attorneys in remote areas of the country. Public
    centers, staffed on a part-time basis by lawyers, continue to offer
    free advice on legal rights and recourse under the law; however, they
    are not permitted to handle individual cases. The federal government
    funded a limited experimental system of legal assistance for indigent
    persons in 10 regions.

        Political Prisoners and Detainees.--Authorities selectively
    detained and prosecuted members of the political opposition. On
    December 31, during a Strategy 31 demonstration for the right of
    freedom of assembly, authorities arrested opposition figures Boris
    Nemtsov, Ilya Yashin Eduard Limonov, Vladimir Tor, and Konstantin
    Kosyakin. Charges ranged from failure to comply with a police directive
    to hooliganism.
        Human rights organizations and activists also identified the
    following individuals during the year as political prisoners: Aleksey
    Sokolov, Igor Sutyagin, Zara Murtazaliyeva, Valentin Danilov, Mikhail
    Khodorkovskiy, and Platon Lebedev. Igor Sutyagin was released during
    the year.
        In August, in what his lawyers described as a serious human rights
    violation, authorities transferred Aleksey Sokolov, the head of
    Sverdlovsk-based NGO Legal Basis, which highlights corruption and abuse
    in prisons, to an unspecified Krasnoyarsk Krai penitentiary by order of
    the FSIN. On September 5, Sokolov reported that while in transit, the
    head of the Novosibirsk detention center beat him. Sokolov stated he
    was ordered to put in writing he had initiated the fight. Despite his
    injuries, Sokolov did not receive medical attention for eight days.
    Sokolov was arrested in May 2009 and convicted on charges of having
    committed a burglary five years earlier. Sokolov had received warnings
    local authorities would ``find a reason'' to imprison him if he
    continued his human rights work (see section 5).
        According to his legal representatives, Sokolov had little or no
    access to his family and legal representation. Sokolov's case was filed
    in the ECHR in December 2009 and was awarded priority status in April.
    On December 14, the Sosnovoborsk city court rejected Sokolov's motion
    for conditional early release. Despite letters supporting his motion
    from the Russian Human Rights Ombudsman, the Helsinki Group, Amnesty
    International, and the Russian Public Chamber, the judge reportedly
    based her decision on two disciplinary infractions: Sokolov's reading a
    book at the wrong time of day and his drinking tea with a cellmate in
    remembrance of Sokolov's recently deceased father.
        Valentin Danilov continued serving a 13-year prison sentence for
    allegedly transferring classified technology to China, although
    colleagues and supporters asserted the information in question was
    declassified more than a decade before his arrest.
        Former Yukos owners Mikhail Khodorkovskiy and Platon Lebedev
    continued to serve eight-year prison sentences following their initial
    2005 convictions for fraud and tax evasion. Although a number of high-
    profile witnesses had testified that the new charges against
    Khodorkovsky and Lebedev were baseless, both men were found guilty on
    December 30 and subsequently given the maximum possible sentence by the
    court. They will be eligible for release in 2017. The ECHR heard
    arguments in claims by Yukos against its expropriation by the
    Government in March.
        The arrest, conviction, and subsequent treatment of Khodorkovskiy
    and Lebedev raised concerns about due process and the rule of law,
    including the independence of courts. Some observers believed that,
    while the original charges against Khodorkovskiy may have had some
    merit, he was selectively targeted for prosecution because of his
    politics. Others have speculated that he was targeted to strip his
    assets and those of Yukos and acquire them on behalf of government and
    business interests. A week before the court reached the verdict, Prime
    Minister Putin commented about the case that ``a thief belongs in
    jail,'' which some observers called pressure on the court.
        In March the ECHR agreed to hear Khodorkovskiy's approximately
    three trillion-ruble ($98 billion) claim against the Government that
    his rights were violated. The damage claimed is the estimated amount
    that Yukos would have been worth if its properties had not been
    stripped away in 2007.

        Regional Human Rights Court Decisions.--By law any person in the
    country may bring allegations to the ECHR concerning human rights
    violations covered by the European Convention on Human Rights that
    occurred after 1998, provided they have exhausted ``effective and
    ordinary'' appeals in the country's courts. This condition was usually
    satisfied by two appeals (first and cassation) in courts of ordinary
    jurisdiction or three (first, appeal, and cassation) in the commercial
    court system. The ECHR received more than 40,000 complaints involving
    the country. During the year the ECHR ruled against the state in 217 of
    415 cases. The Demos Center reported in January 2009 that state
    agencies enforced ECHR rulings approximately 60 percent of the time.
    When they did, the Government generally paid financial judgments
    ordered by the ECHR in a timely fashion; however, it rarely carried out
    judicial orders from the ECHR or made corresponding changes in domestic
    legislation and practice required by ECHR decisions. The Government
    also issued blanket refusals in response to ECHR requests for
    disclosure of the domestic case files relating to alleged gross
    violations in Chechnya. The ECHR criticized this failure of disclosure.
    In March the Government ratified Protocol 14 of the European Convention
    on Human Rights, designed to streamline the process by which the ECHR
    examines cases and thus reduce its backlog of six to nine years. The
    protocol entered into force on June 1.
        In May and June, the ECHR ruled that the Government must provide
    financial compensation to victims' family members for its complicity in
    the 2000 and 2002 killings and disappearances of a number of Chechens
    (see section 1.g.).
        A Human Rights Watch (HRW) report released in September 2009
    concluded that the central government had failed to act on any of the
    ECHR rulings that called on it to investigate the 115 rulings on human
    rights violations in Chechnya, almost all of which found the country
    responsible for serious human rights violations and failure to
    investigate the crimes. HRW researched 33 of the cases and found that
    the Government had not brought a single perpetrator to justice.
    According to HRW, the number of rulings on human rights violations in
    Chechnya increased to 150 this year, and in almost all cases, the
    authorities refused to investigate.
        Persons considering applying to the ECHR for redress of grievances
    could be intimidated by a past pattern of harassment toward applicants.
    Amnesty International and other human rights groups reported past
    reprisals against applicants to the court, including killings,
    disappearances, and intimidation. According to press reports and human
    rights NGOs, as of September 2009 at least six applicants to the ECHR
    had been killed or abducted.

        Civil Judicial Procedures and Remedies.--The legislation on
    Compensation to Citizens Whose Right to a Fair Trial and Right to
    Enforcement of a Judgment within a Reasonable Time Have Been Violated
    became law on May 4. The law was expected to reduce the substantial
    number of cases brought to the ECHR from Russia, since 30 percent of
    these concern the right to a fair trial. The law allows petitioners to
    request ``reasonable'' financial compensation for violation of
    ``reasonable'' time limits in the consideration of criminal and civil
    cases, including the enforcement of judgments.
        Although the law provides mechanisms for filing lawsuits against
    authorities for violations of civil rights, these mechanisms often do
    not work well in practice. For example, the law provides that a
    defendant who has been acquitted after trial has the right to
    compensation from the Government. In reality, however, human rights
    activists claimed compensation is avoided through procedural means,
    such as leaving cases in pending status, without closing them. As a
    result, Russians who believe their civil rights have been violated
    typically seek redress in the ECHR, after a Russian court finds against
    them.

        f. Arbitrary Interference With Privacy, Family, Home, or
    Correspondence.--The law prohibits such actions, and it forbids
    officials from entering a private residence except in cases prescribed
    by federal law or on the basis of a judicial decision. The law also
    prohibits government monitoring of correspondence, telephone
    conversations, and other means of communication without a warrant and
    prohibits the collection, storage, utilization, and dissemination of
    information about a person's private life without his or her consent.
    While these provisions were generally followed, there were allegations
    that government officials and others engaged in electronic surveillance
    without judicial permission and entered residences and other premises
    without warrants.
        Law enforcement agencies have legal access to telephone records,
    including personal information of cell phone owners, and require
    providers to grant the Ministry of Interior and the FSB 24-hour remote
    access to their client databases. In past years, some experts asserted
    this access was unconstitutional; however, the practice has not been
    challenged in court. Authorities are able to monitor telephone calls in
    real time through the Law on Operational Search Activity.
        The Government requires Internet service providers to provide
    dedicated lines to the security establishment, enabling police to track
    private e-mail communications and monitor Internet activity. In January
    2009, the Ministry of Information and Communication officially required
    telecommunications companies and Internet service providers to allow
    the FSB to tap telephones and monitor information over the Internet.
    The ministry maintained that no information would be accessed without a
    court order. There were no new wiretapping cases during the year.

        g. Use of Excessive Force and Other Abuses in Internal Conflicts.--
    Violence continued to spread in the North Caucasus republics, driven by
    separatism, interethnic conflict, jihadist movements, vendettas,
    criminality, and excesses by security forces. Dagestan, Kabardino-
    Balkaria, and North Ossetia witnessed a significant increase in
    violence, while Ingushetiya, Chechnya, and Karachayevo-Cherkessia saw a
    decrease from the previous year. The Government used security forces to
    try to impose order, created a regional public council, and allocated
    50 billion rubles ($1.5 billion) for social and economic assistance
    projects.
        Rebels also continued to commit human rights abuses, including
    major acts of terrorism.

        Killings.--There were numerous killings during the year by both
    government forces and militants.
        Russian government officials often provided contradictory data on
    such casualties, while nongovernmental sources were inconsistent as
    well. Russian Federation Deputy Prosecutor General Sydoruk, for
    example, stated that as of December, 300 militants had been killed,
    including 16 rebel leaders; additionally, the deputy prosecutor stated
    that 218 law enforcement and military personnel had been killed and 536
    injured in the unrest. This was an 11 percent increase over 2009.
    According to other public media reports, there were 918 killings during
    the year by both authorities and militants, and nearly 800 civilians
    were killed or wounded as well--a 30 percent increase from 2009.
        Caucasian Knot, an online Russian news agency specializing in
    reporting on the Caucasus, reported that during the year, fighting in
    the North Caucasus resulted in 1,710 casualties, the majority of which
    occurred in Chechnya, Dagestan, and Ingushetiya. A total of 754 persons
    were killed and 956 were wounded; 349 of those killed were alleged
    militants, 225 were security service personnel, and the remaining 180
    were civilians. Dagestan was the deadliest region in the North
    Caucasus. Almost 700 persons were killed or wounded there, and nearly
    150 isolated clashes involving security forces and militants took
    place, as did more than 100 bombings or explosions.
        Among the attacks, on January 6, in Makhachkala, a car carrying 220
    pounds of TNT exploded at the gates of a military field camp killing
    five policemen and wounding 19. In Chechnya, 37 rebel bombings, 12
    suicide bombings, and 62 armed clashes killed 127 persons, including 44
    security personnel, 80 rebel insurgents, and three civilians, and
    wounded 123 persons, including 93 security officials and 30 civilians.
    On October 19, three suicide bombers attacked the Chechen parliament
    building, killing two policemen and one watchman.
        In North Ossetia, three rebel attacks killed 24 persons, including
    two security personnel, two rebels, and 20 civilians, and injured 202
    persons, including 35 law enforcement personnel and 167 civilians. On
    September 9, a suicide bomber drove a car into the central Vladikavkaz
    market and detonated it, killing 19 persons and injuring 160. In
    Ingushetiya there were 40 bombings, two suicide attacks, and 103
    firefights, which killed 31 security personnel, 63 rebels, and 40
    civilians, and wounded 133 government officials and 59 civilians. In
    Kabardino-Balkaria, there were 41 bomb attacks and one suicide bombing,
    which killed 23 government personnel, 25 rebels, and 31 civilians.
    Approximately 16 security personnel and 47 civilians were injured. In
    Stavropol three attacks killed two rebels and eight civilians and
    injured 79 persons.
        Deputy Chechen Interior Minister Roman Edilov reported 87 rebels
    were killed in Chechnya, including three rebel military commanders, and
    220 had been arrested during the year. On December 20, the Ministry of
    Interior estimated 80 rebels had been killed and 180 arrested in the
    first 11 months of the year in Chechnya. Both estimates indicated a
    decrease in violence from 2009, when 177 rebels were killed and 213
    arrested.
        Civilians suffered as a result of actions by both rebels and
    security personnel. In Dagestan, nine children were killed by stray
    gunfire during a counterterrorist operation in the village of Kirovaul
    in the Kizilyurt District on December 6.
        There continued to be reports of indiscriminate use of force by
    security personnel resulting in numerous deaths. Security forces
    generally conducted their activities without regard for due process or
    civilian casualties and with apparent impunity from investigation or
    prosecution for their conduct.
        For example, on February 11-12, according to NGO Memorial, security
    forces killed at least four civilians in Ingushetiya in the course of
    an operation against rebels. The authorities claimed the inhabitants of
    the area had been warned in advance of the operation and the four had
    been caught in cross fire with terrorists. Memorial cited local
    residents as saying they had not been warned and describing the killing
    of the victims as separate actions not related to firing on terrorists.
    Chechen ombudsman Nurdi Nukhazhhiyev supported the Government's claim
    but doubted the objectivity of a government investigation. He alleged
    that ``hundreds of crimes committed by the Russian military against
    Chechen civilians have not been investigated.''
        There were also killings by rebels. For example, on May 13, in
    Dagestan, five persons were killed when a vehicle carrying
    telecommunications workers was attacked with two bombs and gunfire from
    unknown persons, according to a press account. The personnel were on
    their way to repair a cell phone tower damaged in a fire the day
    before. The gunmen reportedly declared at the end of the attack that as
    soon as the communications center was repaired, they would attack it
    again.
        According to NGO Interfax, on June 8, an official of a madrassa in
    Dagestan was shot and killed. Authorities detained a suspect identified
    as ``an active supporter of radical Islamism.'' On the same day also in
    Dagestan, Interfax reported a judge, Abdurakhyman Gamzatov, was fatally
    shot in his home.
        On September 7, unknown gunmen in Kabardino-Balkaria ambushed and
    killed district judge Dzhulber Bykov in his car. Political observers
    tied the killing to Bykov's professional activities.
        According to the Glasnost Defense Fund, 12 journalists were killed
    during the year. The Web site Journalists-in-Russia.org listed 11
    journalists killed, seven of them possibly for reasons associated with
    their work (see section 1.a.). Reporters Without Borders listed only
    one killing of a journalist.
        On May 11, according to the Glasnost Defense Foundation, Shamil
    Aliyev, founder and head manager of Priboi and Vatan radio stations and
    director of the TNT-Makhachkala television network, was shot and killed
    in Makhachkala. Unknown assailants attacked his car with submachine
    guns, leaving Aliyev and his bodyguard dead and his driver wounded. No
    arrests were made by year's end.
        On August 11, according to the Glasnost Defense Foundation, Magomed
    Sultanmagomedov, editor in chief of Makhachkala TV, was shot and killed
    in Makhachkala, when unknown assailants attacked his car with
    submachine guns. No arrests were made in connection with the case.
        In November a trial began in Vienna of three persons, Otto
    Kaltenbrunner (formerly known as Ramzan Edilov), Suleiman Dadayev, and
    Turpal-Ali Yesherkayev, who were alleged to have been accomplices in
    the shooting death in Vienna in January 2009 of Umar Israilov.
    Israilov, a former bodyguard of Chechen President Ramzan Kadyrov,
    became a critic of Kadyrov's rule and filed a complaint with the ECHR
    stating he had witnessed Kadyrov torturing prisoners and that Chechen
    authorities and Kadyrov had also beaten and tortured him and his
    family. According to the European Center for Constitutional and Human
    Rights, an expert witness testified at the Vienna trial that Israilov's
    alleged killer, Letscha Bogatirov, was promoted by the Kadyrov
    government following the assassination as a reward for his actions. The
    trial was scheduled to continue in 2011.
        There were no arrests or indications of continuing investigation in
    the August 2009 abduction and killing in Chechnya of Zarema Sadulayeva
    and Alik Dzhabrailov, charity workers who ran the Grozniy-based NGO
    Save the Generation.
        There were no arrests or indications of a continuing investigation
    into the 2008 killing of three Chechen brothers, Zurab, Akhdan, and
    Alvi Ilaev, nor was there any indication authorities were investigating
    the 2008 killing in Makhachkala of Telman Alishayev, a journalist from
    the Islam-focused television station TV Chirkey.
        On May 12, the ECHR ruled the Russian government must pay 225,000
    euros ($301,500) in compensation for its complicity in the killing of
    four Chechens and the disappearance of another.
        On June 17, Caucasian Knot reported the ECHR concluded security
    authorities were responsible for the disappearances and deaths of seven
    Chechens in 2002. The ECHR ordered the Government to pay 470,000 euros
    ($630,000). Hasan Batayev, Zaur Ibragimov, Magomed Temurkayev, Rizvan
    Ismailov, Said-Ali, and Haron Musayevi were taken from their homes in
    Grozny by armed masked men. Usman Mavlyueva was kidnapped at a
    checkpoint.
        There were no reports of further developments in the following 2009
    killings of civilians, police, and government officials by rebels or
    unknown persons: the March shootout between police and insurgents in
    Dagestan in which five officers and 12 rebels were killed; the March
    abduction and killing of a police officer in the Vedeno Region of
    Chechnya; the April grenade attack on the home of Criminal Police Chief
    Alikhan Geroyev of Sunzhenskiy District, Ingushetiya, which killed both
    Geroyev and his sister; the June killing of Adilgirey Magomedtagirov,
    the chief of the Dagestan Ministry of Interior; the July killing in
    Nazran of Magomed Gadaborshev, head of the Ingush Republic's criminal
    investigation department; the July shooting death of Isapil Ozdoeyev,
    the head of a city-level Ministry of Interior department; the July
    abduction, torture, and killing of Batyr Albakov in Ingushetiya; the
    August shooting death of Ingush construction minister Ruslan
    Amerkhanov; the August killing of 25 persons and wounding of 280 at an
    Ingush police station in Nazran; and the August attack in which 10 men
    shot and killed four officers in Buinaksk, Dagestan, and then shot and
    killed seven women in a nearby sauna.
        Federal forces and their opponents in Chechnya made extensive use
    of antipersonnel mines in Chechnya. During the year the estimated area
    in Chechnya covered with mines ranged from 34,600 to 59,300 acres,
    according to Kommersant and Nezavisimaya Gazeta.

        Abductions.--Government personnel, rebels, and criminal elements
    continued to engage in abductions in the North Caucasus. Officials and
    observers disagreed on the numbers of victims. Human rights groups
    believed the numbers of abductions were underreported due to the
    reluctance of victims' relatives to complain to authorities due to fear
    of reprisal. According to a report on the Web site Caucasian Knot,
    during the year approximately 50 persons were kidnapped or unlawfully
    detained by armed parties in the North Caucasus, and only 16 were
    freed. Allegedly, there was no accountability for government forces
    involved in abductions. There were continued reports abductions were
    followed by beatings or torture to extract confessions and that
    abductions were conducted for political reasons. Criminal groups in the
    region, possibly with links to rebel forces, frequently resorted to
    kidnapping for ransom.
        On March 3, according to the Investigation Committee, a special
    unit for missing persons was set up in Chechnya and received reports
    regarding the kidnapping of more than 200 persons by military and MVD
    personnel between 1999 and 2003.
        At the same time, security forces under the command of Chechen
    President Kadyrov allegedly played a significant role in abductions,
    either on their own initiative or in joint operations with federal
    forces. Human rights groups reported these forces were frequently
    suspected of being responsible for disappearances and abductions,
    including those of family members of rebel commanders and fighters.
        Security forces in Chechnya, Dagestan, and Ingushetiya frequently
    abducted or detained individuals for several days without immediate
    explanation or charge, according to human rights groups. Caucasian Knot
    reported that rather than issuing a summons for criminal offenses,
    security forces preferred to seize suspects at home or while traveling.
        On May 13, according to the NGO Memorial, police in Ingushetiya
    arrested Magomed Garbakov after security forces partially destroyed his
    home during a search in which approximately 217,000 rubles ($7,000) and
    personal items were reportedly stolen. Garbakov has not been seen
    since, and his family has not been informed of the charges against him.
        On August 8, Russian and Ingush security forces raided the home of
    the Mutsolgov family and abducted 15-year-old Magomed Mutsolgov,
    beating his father in the process. The child was held for two days and
    reportedly tortured with electric shocks. Caucasian Knot noted the case
    might be related to Magomed's older brother, who was killed by the FSB
    in July.
        In October 2009 a procurement and logistics assistant for the
    Danish Refugee Council, Zarema Gaisanova, was abducted from her home in
    Grozniy. Amnesty International asserted that law enforcement officials
    carried out the abduction. Her whereabouts remained unknown at year's
    end. The Danish Refugee Council (DRC) reported that eye-witnesses and
    other human rights organizations stated that a special security
    operation involving either Chechen leader Ramzon Kadyrov or a security
    unit named after him took place, in which Zarema Gaisanova was taken
    away in a military vehicle. The NGO Memorial criticized the criminal
    investigation into the matter as poorly executed and incomplete. The
    DRC met in April with the Russian Ombudsman for Chechnya, who stated
    that he would look into the disappearance, but there was no further
    information on his efforts.
        An investigation continued into the abduction in St. Petersburg in
    December 2009 of two brothers and two uncles of slain activist
    Maksharip Aushev.
        There were no developments in the 2008 abduction case of
    Mokhmadsalakh Masaev, a Muslim preacher accused of ``salafism.''

        Physical Abuse, Punishment, and Torture.--Armed forces and police
    units reportedly frequently abused and tortured persons in holding
    facilities where federal authorities sorted out rebels and persons
    suspected of aiding them from civilians.
        In Chechnya and Ingushetiya, there continued to be reports of
    torture by government forces.
        For example, on April 27, police in Ingushetiya detained 20-year-
    old Zelimkhan Chitigov. He was held for two days before being charged
    with weapons possession, for a grenade found in his room, which his
    family maintained was planted by police. According to NGO Memorial,
    Chitigov was brutally beaten while in custody and subjected to electric
    shocks and other forms of torture. Chitigov remained in police custody
    but in a hospital, where he was being treated for brain and spinal cord
    injury, burns, and other serious injuries.
        There was a report of a continued arson campaign. The Chechen arson
    campaign began in 2008 following explicit threats by Chechen President
    Kadyrov and by Grozniy Mayor Muslim Khuchiyev of burning down houses
    belonging to families whose sons were suspected of joining the
    insurgency. Human rights activist Natalya Estemirova was working on a
    documentary on the arson campaign when she was killed in July 2009 (see
    section 1.a.). According to the testimony of Human Rights Watch
    representative Tanya Lokshina, the latest incident in the arson
    campaign occurred in Shali on March 16.
        The Independent Commission on Human Rights in the Northern
    Caucasus, headed by the chairman of the State Duma Committee on
    Legislation, continued to hear hundreds of complaints, ranging from
    destruction or theft of property to rape and killing; however, the
    commission was not empowered to investigate or prosecute alleged
    offenders and referred complaints to military or civil prosecutors.
    Almost all complainants alleged violations of military discipline and
    other crimes by federal and Chechen Republic forces.
        Chechnya Human Rights Ombudsman Nurdi Nukhazhiyev continued the
    practice of his predecessor in not cooperating with the area's leading
    NGO, Memorial.

        Other Conflict-Related Abuses.--Throughout 2009 security forces
    conducted security sweeps and passport checks at temporary settlements
    in Ingushetiya housing IDPs from Chechnya (see section 2.d.). At times
    these sweeps reportedly led to human rights abuses or disappearances.
    In February 2009 the Office of the UN High Commissioner for Refugees
    (UNCHR) reported that Chechen authorities had begun visiting
    approximately 2,500 Chechen IDPs in 22 temporary shelters in
    Ingushetiya and urging them to return to Chechnya, sometimes with
    verbal threats. The UNHCR reported different forms of pressure on IDPs
    continued during the year.
        Human rights groups visited illegal detention centers for
    internally displaced persons in Chechnya and other locations in the
    North Caucasus where they documented continuing abuses. Chechen
    Republic security forces reportedly maintained secret prisons in
    Tsentoroi, Gudermes, and other locations. HRW reported that it had
    detailed descriptions of at least 10 unlawful detention facilities.
    Human rights groups reported that officers of the federal Ministry of
    Interior's Second Operational Investigative Bureau illegally detained
    and tortured persons in its Grozniy offices.
        Authorities this year continued to refuse to grant the Red Cross
    access, under its standard criteria, to persons detained as part of the
    conflict in Chechnya. This denial has been in effect since 2004.
    Section 2. Respect For Civil Liberties, Including:
        a. Freedom of Speech and Press.--The constitution provides for
    freedom of speech and of the press; however, in practice government
    pressure on some media persisted in coverage of select controversial
    issues, resulting in numerous infringements of these rights.
        While the Government generally respected citizens' right to freedom
    of speech, state-controlled media frequently ignores critical voices
    with regard to the conduct of federal forces in the North Caucasus,
    human rights, high-level corruption, and opposition political views.
    Some regional and local authorities took advantage of the judicial
    system's procedural weaknesses and overly broad laws to detain persons
    for expressing views critical of the Government.
        On July 7, authorities formally charged Oleg Orlov of the NGO
    Memorial with ``slander'' for accusing Chechen President Ramzan Kadyrov
    of complicity in the 2009 killing of human rights activist and
    journalist Natalya Estemirova. Human rights advocates and international
    observers criticized the case against Orlov as an infringement of free
    speech. On September 13, Orlov went on trial in the Khamovnicheskiy
    Court in Moscow; Orlov's trial was scheduled to continue in 2011.
        With some exceptions, judges appeared unwilling to challenge
    federal and local officials who sought to prosecute critics. These
    proceedings on occasion resulted in large fines.
        On September 16, the state-owned news agency RIA Novosti refused to
    allow the members of the newly established opposition coalition, For
    Russia without Tyranny and Arbitrariness, to hold a press conference on
    the agency's premises. While the agency had previously agreed to lend
    its premises, it cancelled the event an hour and a half before its
    scheduled time. Opposition figures claimed the cancellation was
    politically motivated.
        In some cases the Government used direct ownership, or ownership by
    large private companies with government links, to control or influence
    some major national media and regional media outlets, especially
    television. During the year the Government reportedly used its leverage
    to restrict dissemination of information about issues deemed sensitive,
    including coverage of opposition political parties and official
    corruption. Several times during the year, there were reports on Ekho
    Moskvy and other independent media outlets about self-censorship in the
    television media, particularly on issues critical of the Government.
    Print, Internet and radio media were more free and independent in
    comparison. Russian television journalist Leonid Parfyonov decried
    self-censorship in the media, stating in a November speech that
    ``journalists are not journalists at all, but bureaucrats, following
    the logic of service and submission.''
        International observers criticized the unbalanced access to the
    media, particularly television, for candidates in local elections in
    March and October, noting that, as in previous elections, United Russia
    candidates were given favored media access. Observers also noted
    numerous press freedom abuses, including harassment of media outlets,
    legislative limitations, lack of equal access to information, and
    arbitrary application of rules.
        More than 60 percent of the country's 45,000 registered local
    newspapers and periodicals were owned directly by the Government or by
    state-owned/state-controlled companies. The largest daily newspaper was
    independently owned, but several other influential national newspapers
    were owned by the Government, by persons with ties to the Government,
    or by state-owned companies. Many publications without government
    connections maintained editorial independence and resisted selective
    attempts by the Government to influence their reporting.
        The federal government owned one of the six national television
    stations and had a controlling interest in one other; state-owned or
    state-affiliated companies owned controlling interests in three others;
    and the Moscow city administration owned the sixth. Approximately two-
    thirds of the other 2,500 television stations in the country were
    completely or partially owned by the federal and local governments. As
    a result, the television media often offered constrained editorial
    content, in particular, avoiding any content critical of the
    Government.
        International media continued to face some impediments to their
    ability to operate freely. Since 2007 authorities have curtailed
    stations broadcasting Radio Free Europe/Radio Liberty (RFE/RL) and
    Voice of America (VOA) news programs, except for stations in Moscow and
    St. Petersburg, which continued to broadcast RFE/RL and VOA programs.
        Government-controlled media consistently provided one-sided
    coverage of President Medvedev and Prime Minister Vladimir Putin.
        The Government maintained ownership of the largest radio stations,
    Radio Mayak and Radio Rossiya, both of which adhered to government
    positions in their news reporting. Ekho Moskvy radio, despite being
    majority-owned by the state-controlled corporation Gazprom, provided
    broader coverage and independent editorial comment, often sharply
    critical of the Government, and a platform to members of the
    opposition. The Government also owned the national news agencies ITAR-
    TASS and RIA-Novosti.
        According to the media freedom NGO Glasnost Defense Foundation
    (GDF) there were 58 attacks against journalists during the year,
    approximately the same level as in 2009. In most cases, according to
    the GDF, the mistreatment appeared to have been at the initiative of
    local officials.
        A number of journalists were assaulted and several were killed
    during the year; frequently the attacks were directly related to the
    journalists' professional activities, although it was not always clear
    whether this was the case. According to the GDF, this year 12
    journalists were killed, although other sources listed fewer. Most
    cases of high-profile killing and kidnapping of journalists were
    unresolved. In March 2009 the Center for Journalism in Extreme
    Situations reported 40 cases of unresolved killings of journalists
    since 2003. NGOs supporting independent media characterized beatings of
    journalists by unknown assailants as ``routine,'' noting that those who
    pursued investigative stories on corruption and organized crime found
    themselves at greatest risk.
        For example, on May 31, police in Moscow detained and allegedly
    beat Gazeta.ru correspondent Aleksandr Artemyev for attending an
    opposition rally in support of freedom of assembly. The rally had been
    prohibited by Moscow city authorities. Police broke Artemyev's arm in
    two places. His attempts to seek criminal prosecution of the police
    were not successful.
        On April 26, unidentified assailants in Sochi severely beat Arkadiy
    Lander, editor in chief of the local newspaper Mestnaya. He suffered
    severe head injuries and was hospitalized. Lander's colleagues believed
    that the attack was in response to the newspaper's frequent criticism
    of city authorities and corruption. The police investigation into the
    attack produced no results by year's end.
        On May 18, an unknown attacker in Tomsk fired several shots from a
    nonlethal weapon at Mark Minin, director of a local television station,
    without attempting to rob him. According to Minin, the attack could
    have been ordered by individuals he featured on his television
    programs.
        On November 6, journalist and blogger Oleg Kashin was severely
    beaten outside his Moscow home by two attackers. It is possible that
    the attack was connected to his work, as he had reported on the
    controversial Khimki Forest road construction project and Kremlin-
    sponsored political youth movements and had engaged in a public dispute
    with Pskov Governor Andrei Turchak. He also exposed Russian Youth
    Agency Head Vasiliy Yakemenko's alleged indiscretions with an underage
    girl. The Young Guard, a Kremlin-based youth group, had publically
    threatened Kashin on its Web site, citing the journalist in a column
    headlined ``Journalist-Betrayers Should Be Punished.'' President
    Medvedev ordered the Prosecutor General's Office and the Interior
    Ministry to investigate. There were no arrests by year's end.
        On November 4, Khimki Forest opposition activist Konstantin Fetisov
    was attacked with a bat and suffered a skull fracture after leaving a
    police station following questioning by the police regarding Khimki
    Forest protests. Fetisov remained in a coma, and three persons were
    arrested in connection with the attack.
        On November 5, the editor of the Saratov Journal, Sergey
    Mikhayilov, was attacked. According to the Guardian newspaper,
    following a critical news story, Mikhayilov stated that a member of the
    Duma texted him: ``Your activity will not be without consequences.''
    Police stated that they do not believe the attack was related to
    Mikhayilov's work.
        On November 8, two men attacked Zhukovsky Vesti reporter Anatoly
    Adamchuk outside his newspaper's offices. He was hospitalized with a
    head injury, and his thumb drive was stolen. According to Adamchuk's
    colleagues, he stated that the attackers repeatedly stated the name of
    his newspaper while beating him. Adamchuk had written about the felling
    of local forests prior to an on air show. Moscow police claimed that
    Adamchuk faked this attack and hired two persons to stage it.
        The Murmansk Interior Criminal Investigation Department announced
    they believed that the January 2009 shooting death in Murmansk of
    Shafiq Amrakhov, editor of the online news site RIA-5151, was connected
    to his business activities and not his work as a journalist. Amrakhov
    was shot in the stairwell of his home.
        There were no developments in the investigation into the March 2009
    death of Sergey Protazanov, journalist for the newspaper Grazhdanskoye
    Soglasie (Civic Agreement), who was attacked by unknown assailants in
    the Moscow suburb of Khimki. His colleagues indicated that he had been
    working on a story about the local administration's alleged violations
    of electoral law.
        There were no developments in the investigation into the April 2009
    attack on Vyacheslav Yaroshenko, editor in chief of the Rostov-on-Don
    newspaper Korruptsiya I Prestupnost (Corruption and Crime). Yaroshenko
    died of his injuries in June 2009. His colleagues believed he was
    killed in revenge for his investigative reporting on corruption among
    local authorities.
        On February 26, the lead investigator of the abduction and killing
    in July 2009 of prominent journalist and human rights activist Natalia
    Estemirova announced that authorities knew who had killed her but were
    unable to make an arrest.
        There were no developments in the investigation into the August
    2009 shooting death of Dagestani journalist Abdulmalik Akhmedilov in
    Makhachkala by unknown assailants. Akhmedilov had criticized federal
    forces and local law enforcement officers for suppressing religious and
    political dissent; he was also known for his investigative reporting
    into assassinations of Dagestan officials.
        There were no developments in the investigation into the November
    2009 death Olga Kotovskaya of Kaskad TV in Kaliningrad, who fell from
    the 14th floor of a building. Kotovskaya had just won a court case to
    regain control of her television station, which had a reputation for
    objective news reporting. Officials initially claimed that her death
    was suicide but a week later opened a criminal investigation for
    killing.
        In May two men went on trial in Dagestan charged with the 2008
    killing of Gadzhi Abashilov, head of the local branch of the Russian
    State Television and Radio Company in Makhachkala. In June the Dagestan
    Supreme Court ordered further investigation into the case, citing legal
    violations by the investigators. In August investigators released both
    suspects from custody, stating that the maximum allowable term of
    pretrial detention had expired. Law enforcement authorities and
    Abashilov's colleagues believed that his killing was related to his
    journalistic work, including his reporting on the situation in
    Dagestan.
        There were no reports of progress in the following cases: the 2008
    attack on Miloslav Bitokov, editor in chief of the Gazeta Yuga
    newspaper in the North Caucasus Republic of Kabardino-Balkaria; the
    2008 beating of independent Khimki journalist Mikhail Beketov,
    publisher of the weekly Khimkiskaya Pravda; the 2008 beating of several
    journalists during a series of protests over planned increases in
    tariffs on imported cars; and the 2008 attack on Zhanna Akbasheva, a
    correspondent for the Regnum News Agency in Karachay-Cherkessia, who
    wrote about corruption and press freedom issues.
        In June the Investigative Committee, formerly under the
    Prosecutor's Office extended the term of the investigation into the
    2006 killing of prominent investigative journalist Anna Politkovskaya
    until February 2011. The Investigative Committee announced that it had
    identified more suspects in the case, and asked a number of EU
    countries for help apprehending them. In October the Investigative
    Committee charged Sergey Khadzhikurbanov, a former police officer who
    is serving a prison term for extortion, with organizing the killing of
    Politkovskaya. Khadzhikurbanov was among the three defendants acquitted
    of the same charges in 2009. In June 2009 the Supreme Court overturned
    a February 2009 lower court decision to acquit four suspects, including
    former FSB officer Pavel Ryaguzov in Politkovskaya's killing.
        In April the Investigative Committee maintained that the suspected
    perpetrator of the 2004 killing of Paul Klebnikov, the former editor in
    chief of Forbes Russia, remained at large. The Prosecutor's Office
    reactivated the formerly frozen investigation into the journalist's
    death. Suspects Musa Vakhayev and Kazbek Dukuzov were found not guilty
    of the killing in 2006. Marat Valeyev, another defendant in the case,
    was cleared of the charges and released from custody in December 2009.
        On September 16, the Investigative Committee resumed its
    investigation into the 2003 death of Yuriy Shchekochikhin, a member of
    the State Duma and deputy editor of the newspaper Novaya Gazeta.
    Investigators exhumed Shchekochikhin's body and unsuccessfully tested
    tissue samples to detect any signs of poisoning. Investigators
    initially had endorsed official findings that Shchekochikhin died of an
    allergic reaction to an unknown substance. At the time of his death,
    Shchekochikhin was investigating allegations of FSB responsibility for
    a series of 1999 apartment building bombings and the purported
    involvement of senior security officials and the prosecutor general's
    office in smuggling goods through FSB storage facilities.
        Government officials occasionally responded to negative coverage by
    taking legal action against journalists and media outlets. Although the
    law prohibits courts from imposing damages in libel and defamation
    cases that would bankrupt a media organization, one NGO reported that
    local courts did not always respect the law in practice.
        On March 29, a court in Tula ordered the local newspaper Rubezh to
    pay 500 thousand rubles ($16,100) to settle a libel case filed by Tula
    Region Governor Vyacheslav Dudka in connection with a story the
    newspaper published about corruption in the local government.
        On September 2, police conducted the latest of several raids on the
    offices of New Times magazine that were connected with an article,
    entitled ``Slaves of the OMON,'' alleging abuses and corruption within
    the OMON (special purpose police units). The article included
    interviews with unnamed sources within OMON; police demanded that the
    magazine turn over documents and recordings that would identify the
    sources. On May 12, the Moscow City Court, concurring with an earlier
    Tverskoy District Court decision, ordered the seizure of the documents
    and recordings as evidence in a libel case authorities brought against
    the magazine. The New Times' editor provided a transcript of the
    interviews to the police during the raid, but refused to name the
    sources or surrender the recordings, citing laws providing for
    protection of journalists' sources.
        On September 8, Sergey Mikhaylov, editor in chief of the Altai
    region newspaper Listok, which is often critical of regional
    authorities, went on trial on charges of libel and inciting ethnic
    hatred based on two articles that contained phrases that local
    authorities deemed offensive. Investigators searched Mikhaylov's
    apartment and confiscated his computer. Mikhaylov's colleagues argued
    that the case against him was politically motivated.
        On September 9, the Supreme Court of Dagestan rejected a lawsuit
    filed by local authorities in June 2009 seeking to shut down the
    independent Dagestan weekly Chernovik because of its alleged support
    for extremist views. In April, a court rejected a suit by the former
    chairman of the Presidential Council for Human Rights, Ella Pamfilova,
    against the newspaper Nezavisimaya Gazeta, claiming that the paper had
    insulted her honor, dignity, and reputation. The court's decision
    reaffirmed the right of the press to criticize the Government and the
    manner in which members of the Government perform their duties.
        In January the Moscow prosecutor's office reversed the Moscow city
    police directorate's refusal to open a libel case filed by Chechen
    leader Ramzan Kadyrov against Novaya Gazeta editor in chief Dmitriy
    Muratov and three other journalists of the newspaper for publishing an
    investigative article in February 2009 about the killing in Vienna of
    Kadyrov's former bodyguard, Umar Israilov (see section 1.a.). Kadyrov
    dropped his case in February after the first court session.
        On January 19, prosecutors in Samara closed a criminal case against
    Sergey Kurt-Adzhiyev, the editor of the local edition of Novaya Gazeta,
    who was fined 15,000 rubles ($496) in 2008 for using unlicensed
    software on his office computer. Kurt-Adzhiyev appealed the sentence,
    and further examination of the case ordered by the court revealed
    prosecutorial violations, as well as new exculpatory evidence. However,
    the Samara edition of Novaya Gazeta continued to be unable to publish;
    investigators confiscated all of its computers in 2007.
        Officials at all levels used their authority, sometimes publicly,
    to restrict or limit the effectiveness of journalists who criticized
    them. One method was to deny the media access to events and
    information, including denying filming opportunities and statistics
    theoretically available to the public. On May 16, police prevented a
    correspondent of the GTRK Kuban television station from covering a
    public rally in Krasnodar. The correspondent was taken to a police
    station and released after several hours. On May 31, police in Moscow
    detained several journalists, including correspondents of New Times,
    Radio France Internationale, Novaya Gazeta, and ITAR-TASS, who
    attempted to cover a rally in support of freedom of assembly that had
    been prohibited by city authorities.
        There were no known cases of reporters being detained in Chechnya.
    Journalists in Chechnya, however, continued to face pressure and
    restrictions. There were minor instances of journalists being briefly
    detained in other North Caucasus republics. The editor of the Dosh
    journal, Israpil Shovkhalov, was briefly detained on March 9 by the
    authorities in Ingushetiya. A correspondent of the weekly publication
    New Business was detained on March 2 for a short time while covering a
    protest in Makhachkala. The Government continued to use legislation and
    decrees to curtail media freedom. The law provides an expansive
    definition of extremism and gives law enforcement officials broad
    authority to suspend media outlets that do not comply with the law's
    restrictions. Media freedom advocates asserted that officials used the
    law to restrict criticism and label independent reporters as
    extremists. Authorities may close any organization deemed extremist by
    submitting charges to a court, which the organization concerned cannot
    challenge.
        As in previous years, the antiextremism law was applied to media
    outlets and activists. Novaya Gazeta was warned for an article
    examining Russia's right-wing radical groups, and Vedemosti was warned
    for an article on female suicide bombers. These warnings discouraged
    coverage of these controversial topics by other news outlets.
        The Justice Ministry continued to expand its list of ``extremist''
    materials during the year to include more than 700 items, up from 467
    in 2009. The list included materials produced by Jehovah's Witnesses
    and Scientologists; the works of Muslim scholar Said Nursi; a picture
    of Winnie the Pooh wearing a swastika; a flag with a cross; and the Web
    site Samizdat, which was similar to Wikipedia and which had more than
    500,000 subscribers. Some analysts asserted that the vague definitions
    of ``extremism'' were expanding the list to the point of discrediting
    the concept altogether.
        Officials or unidentified individuals sometimes used force or took
    extreme measures to prevent the circulation of publications not favored
    by the Government. For example, on March 10, police in Vladimir seized
    copies of the newspaper Vechernaya Ryazan, which carried campaign
    advertising by the local branch of the Russian Liberal Democratic
    Party. The police claimed that the publication of advertising involved
    legal violations. On March 17, prosecutors in Vladivostok seized copies
    of the local opposition newspaper Protestnoye Dvizheniye, which
    published an open letter to the local prosecutor. On May 28, police in
    Kemerovo stopped a vehicle carrying copies of the local newspaper
    Sovetskiy Kuzbass and seized all the copies, claiming that the
    newspaper's issue included articles with extremist content. On
    September 7, police in Korolev seized copies of the newspaper
    Khimkinskaya Pravda, stating that the newspaper had to be ``checked for
    extremist material.''
        Copies of the report Putin. Results. 10 Years, written by former
    deputy prime minister Boris Nemtsov and former deputy energy minister
    Vladimir Milov, were confiscated on several occasions. On August 25,
    local police from Murmansk detained two activists from the Solidarity
    opposition movement when they attempted to transfer the publication
    from a train to their vehicle. Approximately a thousand copies
    reportedly were confiscated by the Murmansk police for analysis for the
    presence of ``extremist literature.'' Police in St. Petersburg
    confiscated 200,000 copies of the publication on June 15 and 17 but
    later released them after determining that the literature was not
    extremist.
        According to the GDF and other media NGOs, authorities continued to
    engage in selective investigations into intellectual property rights
    violations (i.e., use of pirated software) to confiscate computers and
    pressure opposition media across the country. On September 13,
    Microsoft announced that it would create a unilateral software license
    for NGOs and independent media in a number of countries, including
    Russia, to prevent authorities from using antipiracy enforcement as a
    pretext to pressure NGOs.
        A 2006 warning to the media against referring to the National
    Bolshevik Party without indicating that it was banned remained in
    place. The media were informed that omitting to mention the party's
    illegality could be considered dissemination of false information and
    lead to the ``application of restrictive, precautionary, and preventive
    measures.''
        According to the GDF and media NGOs, some authorities used the
    media's widespread dependence on the Government for transmission
    facilities, access to property, and printing and distribution services
    to discourage critical reporting. The GDF reported that approximately
    90 percent of print media organizations relied on state-controlled
    organizations for paper, printing, or distribution, and many television
    stations were forced to rely on the Government (in particular, regional
    committees for the management of state property) for access to the
    airwaves and office space. The GDF also reported that officials
    continued to manipulate the price of printing at state-controlled
    publishing houses to apply pressure on private media rivals. It noted
    that this practice was more common outside the Moscow area.

        Internet Freedom.--The Government did not restrict access to the
    Internet. Internet use in Russia grew exponentially during the year to
    between 40-50 million users. There was a growing use of social
    networking, blogs, and increasing reliance on the Internet as an
    alternative news source. Individuals and groups could generally engage
    in the peaceful expression of views via the Internet, including by e-
    mail, but traffic reportedly was monitored by the Government. The
    Government continued to employ a ``system for operational investigative
    measures,'' which required Internet service providers to install, at
    their own expense, a device that routes all customer traffic to an FSB
    terminal. The system enabled police to track private e-mail
    communications, identify Internet users personally, and monitor their
    Internet activity. Although legislation formally protects individual
    privacy, prohibiting wiretapping of any kind without a court order,
    there appeared to be no mechanism to prevent FSB access to e-mail
    traffic or private information. Authorities were not required to give
    telecommunications companies or individuals documentation on targets of
    interest prior to accessing information.
        There was widespread and growing access to the Internet through
    home, work, and public venues. Approximately 35 to 40 percent of adults
    had Internet access with a far larger percentage in Moscow and St.
    Petersburg. In contrast to other forms of media, the law does not
    require sites to register as mass media, and unregistered sites were
    not subject to administrative sanctions. Internet forums, including
    blogging services, increasingly served as the most open media vehicles
    in the country for expressing political views. Nonetheless, some
    bloggers were investigated or charged for their Internet postings based
    on extremely broad definitions of prohibited activities, such as
    ``extremism'' or inciting hatred, as well as libel. In addition the law
    allows authorities to hold bloggers liable for comments that others
    post on their blogs. In April 2009 authorities issued warnings to mass-
    information Internet sites against negative coverage of government
    news.
        On August 10, police in Ufa arrested bloggers Nikolay Shvetsov,
    Sergey Orlov, Konstantin Nesterov, and Igor Kuchumov on charges of
    extremism and fomenting ethnic hatred in their blogs for quoting a book
    criticizing Bashkortostan President Murtaza Rakhimov.
        On July 28, a court in Komsomolsk-na-Amure ordered the local
    Internet service provider Rosnet to block access to five popular Web
    sites, including You Tube and web.archive.org, which authorities stated
    contained extremist video materials and Adolf Hitler's Mein Kampf.
    Rosnet appealed the verdict, and in September the higher court altered
    the controversial ruling and listed particular pages with ``extremist
    materials'' that have to be blocked instead of the whole resource.
        On June 15, the Supreme Court issued a ruling that allows
    authorities to demand that media organizations remove from their Web
    sites material posted by users that authorities deem extremist,
    slanderous, or liable to incite hatred. At least four bloggers were
    investigated or prosecuted during the year, according to Reporters
    Without Borders.
        On May 15, authorities shut down a discussion community on the
    popular social network VKontakte that discussed the consequences of the
    deadly accident at the Raspadskaya coal mine. According to the GDF, law
    enforcement officers demanded that popular blogger Marina Litvinovich,
    who managed the community, provide them with the site password, which
    they used to make the community unavailable for access.
        On March 19, authorities ordered the Web site March 20 to close
    down for publishing ``extremist'' content. The Web site published
    information about plans for Day of Wrath protest rallies in various
    cities held by opposition movement activists. According to RiaNovosti,
    Solidarity movement member Olga Kumosova claimed that the site was used
    for the purpose of planning protest slogans and the closure was
    illegal.
        On January 15, the Tatarstan Supreme Court confirmed the sentence
    issued to Tatar writer and journalist Irek Murtazin. In November 2009 a
    court in Kazan sentenced Murtazin to 21 months in prison on charges
    brought by Tatarstan President Mintimer Shaimiev that included
    ``disseminating false information'' about the president and ``violating
    his privacy'' by suggesting in a 2008 blog that Shaimiev had died while
    vacationing in Turkey.
        According to the Global Voice Online Web site, there were multiple
    instances of Internet censorship during the year. In July the
    Ingushetiyan authorities were able to block the popular blogging site
    LiveJournal on a local Internet server, and in August the local
    authorities blocked the Tulksiye Pryaniki Web site that was critical of
    the authorities. After the December 11 ethnic riots in Manezh Square in
    Moscow, the popular Vkontakte Web site removed what it characterized as
    dangerous content in cooperation with the police and FSB.
        In May 2009 Sverdlovsk authorities brought a criminal libel case
    against a LiveJournal blogger with the pen name ``Father Christmas,''
    who was critical of the Sverdlovsk police and the security cadre of the
    mayor. In June 2009 a court in Ufa, Bashkortostan, ordered local
    Internet service providers to block access to the revinform blog on
    LiveJournal because of its allegedly extremist content. The court cited
    as an example of extremist content an article from a local opposition
    newspaper posted on the blog, which reported on top-level corruption in
    the local government.

        Academic Freedom and Cultural Events.--The Government generally did
    not restrict academic freedom; however, human rights and academic
    organizations believed that the continued imprisonment of physicist
    Valentin Danilov and others inhibited academic freedom and contact with
    foreigners on subjects that authorities might deem sensitive.
        There were reports of pressure on teachers, academics, and
    scholars.
        On December 29, Kabardin ethnographer Aslan Tsipinov was shot and
    killed outside his home near Nalchik, Kabardino Balkaria. North
    Caucasian insurgents later claimed responsibility for the killing,
    explaining that they killed Tsipinov because he sought to corrupt young
    Muslims by reviving ancient pagan rituals.
        On July 12, according to press reports, Yuriy Samadurov, former
    director of the Sakharov Center, was fined 200,000 rubles ($6,500) on
    charges of inciting ethnic and racial hatred in a 2007 exhibit held at
    the center that displayed works banned by Russian museums. The curator
    of the exhibition, Andrei Yerofevev, was fined 150,000 rubles ($4,800).
    The prosecution had originally asked for prison sentences.
        On March 16, according to NGO and media reports, authorities
    arrested Svyatoslav Bobyshev and Yevgeny Afanasyev, two professors at
    Baltic State Technical University in St. Petersburg, and accused them
    of spying and passing state secrets to Chinese citizens. The two
    professors reportedly remained in detention at the Lefortovo maximum-
    security prison in Moscow. A court agreed in September to extend their
    detention for a further four months.
        On November 13, historian Igor Pykhalov was attacked outside his
    home by unknown assailants. Reports suggest that Pykhalov was targeted
    because of his controversial pro-Stalinist views and his writings on
    Stalin's deportation of persons indigenous to the North Caucasus.
        In May 2009 President Medvedev announced the formation of a
    Committee against the Falsification of History, which was dedicated to
    countering statements denigrating the role of the Soviet Union in the
    victory over Nazism. In connection with this initiative, a small number
    of professors in Moscow universities reported receiving instructions to
    submit their teaching materials to the university administration for
    examination as to whether they were violating the proposed law. At
    year's end, no further pressure on teachers was reported.

        b. Freedom of Peaceful Assembly and Association.--Freedom of
    Assembly.--The law provides for freedom of assembly, but local
    authorities continued to restrict this right in practice. According to
    the human rights NGO AGORA, more than 3,160 civil activists were
    arrested following public events during the year.
        In December 2009 the Duma passed a law increasing the severity of
    punishment for anyone found guilty of illegally interfering with the
    flow of traffic. The law increased the fine from 2,500 rubles ($83) to
    100,000 rubles ($3,300) or two years in prison. Human rights activists
    viewed this as a move to restrict freedom of assembly. However, human
    rights advocates generally welcomed President Medvedev's veto of the
    proposed legislation ``On Amendments to the Federal Law On Gatherings,
    Meetings, Demonstrations, Marches, and Pickets'' that would have
    prevented those who received minor administrative fines from
    registering and participating in rallies. The president declared that
    the provisions would infringe on the right of assembly provided in the
    constitution.
        On November 10, President Medvedev signed into law a modified bill,
    which requires that requests for permission to demonstrate be filed no
    less than three days before the proposed event. Such types of protest
    actions involve a smaller group of activists voicing disapproval of one
    specific issue and picketing in the vicinity of the offices of the
    Government authority with which the activists take issue. The law also
    regulates the use of major streets, highways, and railroads as venues
    for public protests.
        The law requires notification for public meetings, demonstrations,
    or marches by more than one person, but in practice municipal
    government treated this as a permitting process which must be requested
    between five and 10 days before the event. During this type of protest,
    many speakers take part and the size of the protest group is much
    larger than that for a picket. Local elected and administrative
    officials selectively denied some groups permission to assemble or
    offered alternate venues that were inconveniently located.
        Demonstrations that took place without official permission were
    often broken up by police, who frequently detained demonstrators. In an
    August interview, Prime Minister Putin called these unsanctioned
    demonstrations ``provocations'' and stated that those who participate
    in them should expect to ``take a cudgel to the head.''
        On January 15, members of the Moscow Oblast Duma rejected an
    amendment to legislation on demonstrations and public gatherings that
    would have required government permission to hold a solitary protest.
    Representatives of the Yabloko Party conducted pickets in front of the
    Moscow Oblast Duma against this initiative.
        In July and August, police dispersed several demonstrations in
    connection with the movement to protect the Khimki forest near Moscow
    from destruction to make way for a proposed highway. On July 28, police
    detained nine environmental activists who had been camping in the
    forest after construction began on the project. On August 2, police
    detained 50 persons at an unsanctioned protest in the forest, including
    Yabloko Party leader Sergey Mitrokhin. Another protest was dispersed on
    August 10 outside of the Moscow Oblast administration building.
    Authorities granted permission to hold a much larger protest on August
    22.
        In connection with these rallies, Human Rights Ombudsman Vladimir
    Lukin expressed disagreement with the Government's position that the
    authorities have the legal right to deny groups permission to
    demonstrate, countering that, in his view of the constitution,
    activists should only have to notify the authorities of their
    activities beforehand. Sergey Mironov, the speaker of the upper house
    of the State Duma and leader of minority party Just Russia, supported
    the right of activists to demonstrate peacefully and called the police
    actions toward participants ``cruel.''
        On August 22, political activist Lev Ponomaryov and Solidarity
    opposition coalition leaders Boris Nemtsov and Mikhail Shneyder were
    detained for more than 12 hours in Moscow on the charge that they
    conducted an unsanctioned march. Local authorities had agreed to permit
    the opposition to hold a ``rally'' to mark National Flag Day, but
    refused to permit a ``march.'' When the participants began to move down
    the street with a Russian flag, police arrested them. On August 26,
    Ponomaryov and Shneyder were sentenced to three days of administrative
    arrest.
        On September 7, a Moscow court convicted Lev Ponomaryov of
    ``insubordination'' to a police officer and sentenced him to four days
    of administrative arrest in connection with his participation in an
    unsanctioned protest on August 12 at which demonstrators demanded the
    resignation of Moscow's then mayor, Yuriy Luzhkov.
        On October 31, authorities in Moscow for the first time allowed
    human rights proponents to hold a ``Strategy 31'' rally on Triumfalnaya
    Square to demonstrate support for Article 31 of the constitution, which
    provides for freedom of assembly. This was the first time the Strategy
    31 opposition movement's protests were allowed. More than 1,500 persons
    attended, nearly double the number authorized by authorities; security
    forces were generally restrained. For most of the year and throughout
    2009, authorities in Moscow employed various pretexts to deny human
    rights activists permission to hold Strategy 31 demonstrations on the
    last day of each 31-day month. On several occasions, police detained
    persons who gathered to protest the denials. According to a Vedomosti
    press report, the deputy head of the Moscow Interior Office stated that
    the mere presence of a sign displaying the number ``31'' was grounds
    for arrest. After detaining dozens of individuals at January and March
    rallies, state security forces were especially violent in their
    suppression of the May 31 peaceful protest, arresting at least 152
    persons and reportedly beating many in jail. In response to the police
    actions, Human Rights Ombudsman Vladimir Lukin characterized the
    actions of the security personnel as ``disproportionate'' and
    ``unreasonably brutal'' and the detention of the protesters as
    ``illegal.''
        Many observers noted a selective and consistent pattern of
    encouraging rallies friendly to the Government--while preventing
    politically sensitive demonstrations. On the same day as the January
    Strategy 31 rally, United Russia organized progovernment rallies, which
    were the only demonstrations to receive coverage on state-run
    television news channels. Some demonstrators at the progovernment
    rallies told news media that they had been pressured to attend, and one
    student stated that he would receive class credit for his attendance.

        Freedom of Association.--The law provides for freedom of
    association, and the Government respected this right with a number of
    significant exceptions.
        Public organizations must register their bylaws and the names of
    their leaders with the Ministry of Justice. Several organizations have
    been forced in the past to suspend activities while registration was
    pending. Restrictions were applied in a discriminatory and selective
    manner to some NGOs, particularly those receiving foreign funding or
    involved in issues of political opposition or in human rights
    monitoring.
        The finances of registered organizations are subject to
    investigation by the tax authorities, and foreign grants must be
    registered. A 2008 prime ministerial decree reduced the number of
    foreign organizations whose grants were exempt from taxation from 101
    to 12 and imposed an annual registration process on those that met the
    proposed requirements. Many NGOs interpreted the decree as a further
    step to restrict foreign funding of NGOs. Authorities subjected some
    NGOs with foreign funding to lengthy financial audits or delayed the
    registration of their foreign-financed programs. The financial
    investigations were particularly burdensome, and some NGOs,
    particularly smaller NGOs with limited organizational capacity, stated
    that it restricted their activities.
        Between September 13 and 16, prosecutors conducted an extensive
    inspection campaign of approximately 40 NGOs, in what many observers
    called an attempt to intimidate and disrupt these groups (see section
    5). Just as suddenly as the inspections began, they ended, with no
    further action.
        The law provides a basis for government oversight of NGO
    activities, including ensuring their compliance with stringent
    registration requirements, a particular problem for the branch offices
    of foreign NGOs. The law also provides a basis for the oversight of
    extensive reporting requirements for NGOs concerning their programs and
    activities, as well as for government enforcement of limitations on the
    participation of foreign citizens. Authorities selectively used the
    regulations to harass certain NGOs.
        In July 2009 following complaints by NGOs about the burdensome
    nature of requirements imposed upon them, the law was amended to revoke
    the Justice Ministry's authority to arbitrarily demand documents from
    domestic NGOs; it further provides that flaws in documentation would
    not be grounds to annul, but only to suspend, a domestic organization's
    registration and removes ``threats to national unity and identity''
    from the list of reasons for denying registration. The amendment also
    simplified reporting forms for domestic NGOs and required them to be
    inspected by the Government once every three years, rather than
    annually. None of these amendments applied to foreign NGOs.
        There were no reports during the year that political parties had
    their registration revoked or denied.

        c. Freedom of Religion.--For a complete description of religious
    freedom, please see the Department of State's 2010 International
    Religious Freedom Report at www.state.gov/g/drl/irf/rpt.

        d. Freedom of Movement, Internally Displaced Persons, Protection of
    Refugees, and Stateless Persons.--The law provides for freedom of
    movement within the country, foreign travel, emigration, and
    repatriation; however, the Government placed restrictions on freedom of
    movement within the country and on migration. The Government generally
    cooperated, with some exceptions, with the UNHCR and other humanitarian
    organizations in providing protection and assistance to internally
    displaced persons, refugees, returning refugees, asylum seekers,
    stateless persons, and other persons of concern.
        All adult citizens must carry government-issued internal passports
    while traveling domestically and must register with the local
    authorities within a specified time of their arrival at a new location.
    Authorities often refused to provide governmental services to
    individuals without internal passports or proper registration. The
    official grace period for registration given to an individual arriving
    in a new location is 90 days. Darker-skinned persons from the Caucasus
    or of African or Asian origin were often singled out for document
    checks. There were credible reports that police arbitrarily imposed
    fines on unregistered persons in excess of legal requirements or
    demanded bribes from them.
        Although the law gives citizens the right to choose their place of
    residence freely, many regional governments continued to restrict this
    right through residential registration rules that closely resembled
    Soviet-era regulations. Citizens moving permanently must register
    within seven days in order to reside, work, or obtain government
    services and benefits or education for their children in a specific
    area. Citizens changing residence within the country, migrants, and
    persons with a legal claim to Russian citizenship who moved to the
    country from other former-Soviet republics often faced great
    difficulties or simply were not permitted to register in some cities.
    The registration process in local police precincts was often corrupt.
    There were frequent reports of police expecting bribes to process
    registration applications and demanding them during spot checks for
    registration documentation.
        In the aftermath of the December race-fueled Manezh riots in
    Moscow, Prime Minister Putin met with soccer fans and suggested that
    rules for internal migration and registration should be tightened.
        The law provides for freedom to travel abroad, and citizens
    generally did so without restriction. Citizens with access to
    classified material, however, needed to obtain police and FSB
    clearances to receive a passport for international travel.
        The law prohibits forced exile, and the Government did not employ
    it. The law provides all citizens with the right to emigrate, and this
    right was respected.

        Internally Displaced Persons.--The UNHCR reported that there were
    75,323 IDPs in the country as of December 31, mainly in the North
    Caucasus. At year's end, 16,518 IDPs remained displaced to Ingushetiya
    by Chechnya's second conflict, according to the UNHCR. Of these, 13,852
    persons lived in private quarters, while 2,666 resided in temporary
    settlements. The UNHCR reported that Ingushetiya was also home to
    10,047 IDPs from Prigorodny, North Ossetia. As of July, 2,578 Chechen
    IDPs were living in Dagestan, with an estimated 188 living in temporary
    settlements and temporary accommodation centers within Chechnya proper
    and 2,390 in private settlements. Also as of July, nearly 22,193 forced
    migrants from South Ossetia, Georgia, remained in North Ossetia;
    another 20,193 were from the conflict in the early 1990s, and 2,000
    were displaced as a result of the August 2008 conflict, according to
    the UNHCR.
        Although sources differed on the exact figures, approximately
    46,000 IDPs returned from Chechnya to Ingushetiya and Dagestan in the
    last six and a half years. Authorities discontinued use of negative
    incentives--including deregistration from IDP rolls, cancellation of
    food assistance, and utility cuts to temporary settlements-- used in
    2009 to induce often-unwilling IDPs in Ingushetiya to return to
    Chechnya; however, the Ingushetiya office of the Federal Migration
    Service refused to accept any claims for reinstatement on its
    registration lists. Authorities maintained a policy of compensating
    persons who lost housing in military operations; however, compensation
    was typically inadequate to insure long-term shelter for beneficiaries.

        Protection of Refugees.--The laws provide for the granting of
    asylum or refugee status, 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 persons to countries where their lives or
    freedom would be threatened on account of their race, religion,
    nationality, membership in a particular social group, or political
    opinion; however, the responsible agency, the Federal Migration
    Service, did not maintain a presence at airports orother border points.
    Asylum seekers thus had to rely on the good will of border guards and
    airline personnel to call immigration officials to the scene or else
    face immediate return to their countries of origin, including in some
    cases to countries where a well-founded fear of persecution could be
    demonstrated.
        Sixteen self-identified Somali asylum seekers, who in March 2009
    attempted to transit Moscow's Sheremetyevo Airport without documents,
    spent several months living in the airport's transit zone, at times
    compelled to beg for food from airline passengers. The group's men,
    women, and children had difficulty accessing the system for applying
    for asylum and obtained basic social services only through the UNHCR's
    intervention. At the end of the year, six of these asylum seekers
    remained at Sheremyetevo Airport. All of the applicants were rejected
    for asylum; some were appealing, while several returned to Somalia.
        By law the decision of a Migration Service official could be
    appealed to a higher-ranking authority or to a court. During the appeal
    process, the applicant received the rights of a person whose
    application for refugee status was being considered. A person who did
    not satisfy the criteria for refugee status, but could not be expelled
    or deported for humanitarian reasons, could be granted temporary asylum
    after submitting a separate application.
        The Government rarely granted convention status to those who
    managed to present their asylum applications to the migration service.
    The UNHCR and NGOs stated that asylum seekers at times faced detention,
    deportation, fines by police, and racially motivated assaults.
        The UNHCR, the International Organization for Migration, and NGOs
    assisted the Government in trying to develop a more humane migration
    management system. The Federal Migration Service cooperated well with
    international organizations to provide training for its officers
    throughout the country to insure they understood refugee law.
        For asylum seekers who were allowed into the country to pursue
    their claims, the refugee law provides the right to temporary
    accommodations. However, there was only one facility with such
    accommodations in the country, located in Ocher, in Perm Region, far
    from major cities where asylum seekers concentrated. There were no
    reception centers at border points. The Federal Migration Service and
    its territorial branches are obliged by law to cover travel expenses to
    centers for holders and seekers of refugee or temporary asylum status.
    However, the law was not respected in practice, and the trip to the
    center was usually funded by the UNHCR or the individual involved.
        While federal law provides for education for all children, regional
    authorities occasionally denied access to schools to children of asylum
    seekers if they lacked residential registration. However, when parents
    encountered difficulties enrolling their children in schools,
    authorities generally cooperated with the UNHCR to resolve the problem.
    Authorities frequently denied migrants the right to work if they did
    not have residential registration. Refugees also may not legally work
    if they are not registered and cannot obtain registration unless they
    have an employer or landlord willing to register them.
        Human rights groups continued to allege that authorities made
    improper use of international agreements that permitted them to
    temporarily detain persons with outstanding arrest warrants from other
    former-Soviet states. This system, enforced by informal ties among
    senior law enforcement officials of the countries concerned, permitted
    detention for up to one month while the prosecutor general investigated
    the nature of the warrants. Human rights groups asserted that these
    arrangements were employed to detain, and possibly repatriate,
    opponents of the Governments of other former Soviet republics without
    legal grounds.
        In June the ``Ivanovo Uzbeks,'' a group of 13 persons arrested in
    2005, received permission to depart the country to take up offers of
    asylum in Sweden. In 2008 the ECHR had ordered authorities not to
    return the 13 to Uzbekistan and to pay each 15,000 euros ($20,100) in
    restitution for two years spent in detention for alleged involvement in
    violent unrest in Andijan, Uzbekistan. According to the UNHCR, six men
    and their families have departed for Sweden, and seven men and their
    family members, altogether consisting of 26 persons, were expected to
    depart in early 2011. Two other Uzbek families included in the
    departure list to third countries were resettled in Sweden in September
    and November.

        Stateless Persons.--Citizenship is derived both by birth within the
    country's territory within certain restrictions and from one's parents.
    A child becomes a citizen at birth if both parents are citizens; if one
    parent is a citizen and the other one is stateless; if one parent is a
    citizen and the other is a foreigner and the child was born on the
    territory of the country; or if both parents are foreigners or
    stateless and the child was born on the territory of the country and
    there is concern the child might become stateless. At year's end the
    UNHCR preliminarily estimated that there were 44,000 stateless persons,
    based on data from local authorities and NGOs. Federal Migration
    Service statistics indicated at the end of 2008 that 21,443 stateless
    persons were registered in the country.
        In Krasnodar Kray, at least several hundred (with some estimates as
    high as 5,000) Meskhetian Turks, Batumi Kurds, Hemshils, and Yezidis,
    both political and environmental refugees, and their descendants,
    remained without Russian passports and were denied the right to
    register as residents, which deprived them of all rights of citizenship
    and prevented them from working legally, leasing land, or selling
    goods. The law in Krasnodar Kray that defines illegal migrants includes
    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 in regularly scheduled national and regional elections;
    however, citizens could not exercise this right in practice, as the
    Government limited the ability of opposition parties to organize,
    register candidates for public office, access the media, or conduct
    political campaigns.

        Elections and Political Participation.--On March 14, regional and
    local elections were held in 76 of the federation's 83 regions and were
    marked by irregularities, including the misuse of absentee ballots,
    vote buying, and busing in of voters, according to the election
    monitoring NGO, GOLOS. The Communist Party also claimed that in the
    Krasnodar Region, United Russia bused police cadets to vote for their
    candidate in the mayoral elections where they were not registered.
        In the October 10 regional and municipal elections, opposition
    parties continued to complain of a variety of electoral violations,
    including denial of candidate registration and ballot box manipulation.
    Regional and municipal elections held in March and October 2009 were
    also marred by violations, including interference with election
    monitors, intimidation of voters, and ballot box stuffing.
        In 2008 the country held presidential elections in which Dmitriy
    Medvedev, the candidate of the ruling United Russia Party, received 70
    percent of the vote. Observers from the Parliamentary Assembly of the
    Council of Europe stated that the elections were not free or fair.
    GOLOS reported massive, widespread violations, as with the Duma
    elections held in 2007. The Organization for Security and Cooperation
    in Europe (OSCE) representative on freedom of the media reported
    numerous media freedom violations during the parliamentary and
    presidential elections. Electoral violations and problems observed by
    GOLOS included an ``unprecedented'' number of absentee ballots,
    collective voting under pressure, multiple voting, and vote-counting
    irregularities. GOLOS observers, however, reported that voting
    procedures were well-organized and that the secrecy of voting was
    mostly respected. In both the presidential and parliamentary elections,
    official delays in issuing visas and restrictions on the activities of
    the mission led the OSCE's Office for Democratic Institutions and Human
    Rights to decline to send observation missions.
        The law gives the president significant indirect influence over the
    Federation Council, since regional leaders selected by the president in
    turn appoint half of its members. Political parties that win elections
    to regional parliaments may propose candidates for the head of a
    region, but the selection is still subject to the president's and the
    regional legislature's approval.
        Since 2004 the president has had the authority to nominate regional
    governors, subject to confirmation by regional legislatures. If a
    regional legislature fails to confirm the president's nominee three
    times, the president may dissolve the legislature. The federal
    president also has the power to remove regional leaders in whom he
    loses confidence, including those who were popularly elected. In
    September President Medvedev exercised this power in removing Yury
    Luzhkov, the long-serving and three times popularly elected mayor of
    Moscow (the positions of mayor in Moscow and St. Petersburg have a
    status similar to that of governor). On October 21, the Moscow City
    Duma confirmed Medvedev's pick, Sergey Sobyanin, as the new mayor.
        In 2009 legislation was enacted to allow city legislatures and
    governors to remove popularly elected mayors (as of 2006 approximately
    one-third of the country's municipalities were headed by elected
    mayors, according to a government Web site). In June the Murmansk City
    Council removed Mayor Sergey Subbotin from office, and mayors of
    several small cities have been removed in similar fashion. Smolensk
    Mayor Eduard Kachanovskiy was removed from office due to charges of
    extortion, and possibly influenced by his refusal to obey an earlier
    United Russia request to withdraw from elections for the party's
    preferred candidate. In February Smolensk Governor Sergey Antufyev
    called for the abolishment of the Smolensk direct mayoral elections,
    stating that ``popular elections are a risk.''
        A March 2009 law requires that to obtain legal status, a political
    party must have at least 45,000 members with at least 450 in each of
    half of the country's regions and 250 members in each of the remaining
    regions. This is proven by gathering signatures. The law slightly
    relaxed earlier minimum membership requirements that made it difficult
    for smaller parties to register. The law envisions a further reduction
    in the requirement (to 40,000 members overall and 400 in each of half
    of the regions) by 2012. An additional law passed in June allows a
    political party to avoid the requirement for signatures altogether if
    it enjoyed political support in at least one-third of the country's
    regions.
        While parties represented in the Duma may nominate a presidential
    candidate without having to collect and submit signatures, prospective
    presidential candidates from political parties without Duma
    representation must collect two million signatures from supporters
    throughout the country to register to run for president. These must be
    submitted to the Central Election Commission (CEC) for certification.
    An independent candidate is ineligible to run if the CEC finds more
    than 5 percent of the signatures to be invalid.
        Political parties receiving 5 percent of the national vote are
    entitled to representation in the Duma. The election law provides for a
    party list system and prohibits electoral blocs. There is no minimum
    voter turnout requirement. The election law prohibits the observation
    of federal elections by nonpartisan domestic groups, making it
    difficult for NGOs to observe elections. In April 2009 the Duma passed
    a law described as giving equal broadcast time on electronic media to
    all political parties represented in the Duma. Observers noted that the
    law would limit broadcast time for the United Russia Party's leaders
    when they spoke in their party capacity, not as government officials,
    and that the broadcast time in question related to discussion of party
    affairs rather than policy issues.
        The law prohibits early voting and negative campaigning and
    provides a number of criteria for removing candidates from the ballot,
    including for vaguely defined ``extremist'' behavior. The executive
    branch and the prosecutor general have broad powers to regulate,
    investigate, and disqualify political parties. Other provisions limit
    campaign spending, set specific campaign periods, and provide for
    restrictions on campaign materials.
        There were 63 women in the 450-member State Duma and nine women in
    the 166-member Federation Council. There were three female ministers.
    Two of the 83 regional leaders were women. Three of the 19 judges on
    the Constitutional Court were women. None of the political parties was
    led by a woman.
        Information on the ethnic composition of the State Duma and the
    Federation Council was not available. National minorities took an
    active part in political life; however, ethnic Russians, who constitute
    approximately 80 percent of the population, dominated the political and
    administrative system, particularly at the federal level.
    Section 4. Official Corruption and Government Transparency
        The law provides criminal penalties for official corruption;
    however, the Government acknowledged that it had not enforced the law
    effectively, and many officials continued to engage in corrupt
    practices. Corruption was widespread throughout the executive,
    legislative, and judicial branches at all levels of government.
    Manifestations included bribery of officials, misuse of budgetary
    resources, theft of government property, kickbacks in the procurement
    process, extortion, and improper use of official position to secure
    personal profits. The NGO Information Science for Democracy (INDEM)
    continued to assert that corruption was also widespread in other
    official institutions, such as the higher education system, health
    care, the military draft system, and the municipal apartment
    distribution system. INDEM also estimated in a 2009 report, and
    asserted during the year, that bribes and corruption cost the country
    the equivalent of 33 percent of the country's gross domestic product.
        Legislation enacted in December 2008 defined corruption and set
    forth key principles for combating it. It requires government officials
    to submit financial statements, restricts their employment at entities
    where they had prior connections, and requires reporting of actual or
    possible corrupt activity. Implementation of the legislation, however,
    was still incomplete. Although some agencies, such as the Ministry of
    Justice, issued implementing regulations defining conflict of interest
    in certain situations, not all agencies issued implementing
    regulations. On February 26, the Office of the Prosecutor General
    established principles and procedures for evaluating the anticorruption
    aspects of draft laws and regulations in order to avoid inconsistencies
    and eliminate loopholes. Beginning on April 30, judges were required to
    submit income and asset declarations to their courts. During the year
    the Government instituted mandatory anticorruption training for public
    officials through the Academy of State Service. Russia has been a state
    party to the UN Convention against Corruption (UNCAC) since 2006 and is
    a member of the Group of Countries against Corruption. Due to its UNCAC
    obligations, the Government has altered domestic legislation.
        The law makes giving and receiving bribes punishable by up to 12
    years of incarceration; a person who pays a bribe is relieved of
    criminal liability if the bribe was extorted or if the individual
    voluntarily informs law enforcement authorities about it. While there
    were prosecutions for bribery, a general lack of enforcement remained a
    problem. Investigations of bribery and other corrupt practices are
    conducted by the Ministry of Interior and the FSB, both of which were
    themselves widely perceived as corrupt.
        The Global Competitiveness Report 2010-11, compiled by the World
    Economic Forum, cited corruption as the country's most problematic
    factor for doing business. The country's score in Transparency
    International's Corruption Perception Index worsened. The country
    scored poorly on other measurements of transparency and corruption as
    well, including judicial independence, fairness in the decisions of
    government officials, the transparency of government policymaking, and
    the influence of organized crime.
        In a statement issued on October 27, the Interior Ministry reported
    that bribery increased by 17.5 percent from January to September,
    compared with the same period of 2009 and the average bribe increased
    1.5 times to more than 42,500 rubles ($1,400). The statement cited
    alleged corruption by many officials at the federal, regional, and
    local level, including four serving and former deputy governors and
    five regional ministers.
        Prosecutors charged some high-level officials with corruption
    during the year; however, most government anticorruption campaigns were
    limited in scope and focused on lower-level officials. Allegations of
    corruption were also used as a political tactic.
        According to Investigative Committee head Alexander Bastrykin,
    corruption charges were brought against 120 investigators and 12
    prosecutors during the year. Corruption charges were also brought
    against 48 lawyers, eight members of election commissions, 214 deputies
    of municipal councils, 310 municipal officials, 11 deputies of regional
    parliaments, one State Duma deputy, and three judges. Ten department
    heads and 26 deputy department heads reportedly faced administrative
    charges for unacceptable investigative work, and three were dismissed
    for violation of authority.
        On July 1, a new federal law came into force requiring courts of
    general jurisdiction to disclose information on the activity of judges.
    In August the Institute for the Development of Freedom of Information
    released the results of a survey on preliminary implementation of the
    law, based on several types of basic information about court operations
    and the availability of such information on court Internet sites or by
    telephone. According to the survey results, which were reported widely
    in the press, basic data such as the working hours of court offices,
    names and contact information of court officials and staff, and court
    addresses were still in many cases unavailable or difficult to obtain.
        In November 2009 Sergey Magnitsky, who was a lawyer for the firm
    that represented Hermitage Capital, died in a Moscow prison, where he
    was being held on tax evasion charges. It was widely believed that the
    charges were fabricated and that his imprisonment was a result of his
    testimony that Interior Ministry officials Artyom Kuznetsov and Pavel
    Karpov stole 5.50 billion rubles ($179 million) in a tax fraud scheme
    (see section 1.a.). In October Oleg Silchenko, the Interior Ministry
    investigator who was responsible for the investigation, was promoted to
    lieutenant colonel. In November the Interior Ministry presented an
    award to officers connected to the initial investigation of the tax
    evasion charges against Magnitskiy. Police officials also leveled new
    accusations--that Magnitskiy himself had been guilty of the tax fraud.
        In June Interior Ministry investigator Oleg Silchenko, who
    reportedly played a key role in the jailing of lawyer Sergey
    Magnitskiy, sought to disbar Alexander Antipov, a lawyer who replaced
    Magnitskiy at Hermitage Capital. According to a 2009 report in
    Bloomburg BusinessWeek, lawyers at three separate firms hired by
    Hermitage Capital were subject to criminal investigations in 2009, and
    their offices were raided by police.
        Corruption also exacerbated illegal logging and hunting, further
    complicating the country's efforts to enforce environmental standards.
    On May 27, Pyotr Diyuk, the Vladivostok-based director of the Primorye
    Regional Forestry Department, was placed on temporary administrative
    leave after a nationally televised investigative report showed him
    discussing rampant corruption in his region's forestry sector with an
    undercover journalist on a hidden camera. In the interview, Diyuk
    corroborated independent reports of widespread illegal logging
    facilitated by bribes to forestry and customs officials. The televised
    report showed video footage of what presenters claimed to be customs
    and forestry officers accepting bribes in exchange for falsified export
    permits. First Deputy Prime Minister Viktor Zubkov announced in June
    that the Government planned to send a special investigative commission
    to the Primorye Region to examine the substance of Diyuk's allegations.
    By year's end the Government had not released the results.
        There were reports that corrupt officials largely controlled
    illegal hunting and trafficking in endangered and protected species
    through the issuance of licenses and other permits in return for bribes
    and other illegal benefits. On June 22, the Prosecutor General's Office
    announced charges in an investigation that followed the January 2009
    crash of an Mi-171 helicopter in the Altai. Evidence at the crash site
    revealed the involvement of senior officials in hunting endangered
    argali sheep. Three passengers who participated in the illegal hunting
    expedition were charged with illegal hunting. However, authorities did
    not announce corruption charges in the case.
        According to the press, a June report by the Audit Chamber found
    evidence of corruption in the preparations for the country's
    participation in the 2010 Winter Olympics in Vancouver, which cost more
    than 6.2 billion rubles ($200 million). In a statement introducing its
    report, the Audit Chamber indicated that Olympic preparations were
    ``inefficient, imperfect, and involved corruption.''
        Police corruption was pervasive. There were credible reports that
    police imposed fines on, and demanded bribes from unregistered persons
    (see section 2.d.). It was widely believed that they received bribes
    from persons involved in prostitution.
        In November 2009 Novorossiysk Ministry of Interior Major Aleksey
    Dymovskiy made a video request to Prime Minister Putin to address
    widespread corruption among law enforcement officers. Although the
    video attracted nationwide attention, authorities did not investigate
    Dymovskiy's allegations. Instead, in January they charged him with
    abuse of office and fraud. His wife alleged that investigators tried to
    plant drugs in his home during a raid. He was subsequently released but
    lost a suit for slander filed by the chief of police of Novorossiysk
    and was ordered to pay 108,000 rubles ($3,500) in damages. In an
    interview with the New York Times, Dymovskiy acknowledged taking bribes
    himself. He asserted that authorities were aware that police had to
    augment their low salaries from other sources. He described a practice
    considered common: at the end of a shift officers must turn over a
    portion of their bribes, 700-3,000 rubles ($25 to $100) a day to the
    ``cashier,'' a senior member of the department. Dymovskiy asserted that
    if officers did not pay up, they were disciplined.
        In February Vadim Karastelyov, a Novorossiysk human rights activist
    who assisted in Dymovskiy's defense, was arrested as he was
    distributing pamphlets asking residents to attend a rally for Dymovskiy
    and was jailed for a week for promoting an unauthorized demonstration.
    Immediately after his release, two strangers beat him, causing a skull
    fracture, but did not try to rob him. Although after his apprehension
    one of Karastelyov's attackers stated that he acted out of personal
    animosity, many human rights observers believed that Karastelyov was
    attacked because of his support for Dymovskiy.
        The law authorizes public access to all government information
    unless it is confidential or classified as a state secret. Refusal by
    authorities to provide access to open information, or to classify
    information as a state secret without cause, has been successfully
    contested in court in a few cases. However, access to information often
    remained difficult and subject to prolonged bureaucratic procedures.
    Under a law signed in February 2009, officials are required to disclose
    within 30 days of a citizen's request any information controlled by the
    Government that is not considered a state secret. Those seeking
    information must file their requests via the Internet. Officials who do
    not comply may be fined or imprisoned for up to five years if the
    withholding of information causes serious bodily harm, as was the case
    in the Chernobyl disaster. Although the law was billed as comparable to
    freedom of information laws in other countries, observers expressed
    concern that officials would use the ``state secrets'' provision to
    deny citizens access to information arbitrarily. There were no reports
    of court cases implementing this law during the year. INDEM reported
    that journalists were generally granted access to such information upon
    request.
        Bloggers, such as Aleksey Navalniy, have increasingly become
    sources for revealing corruption. Navalniy published a series of
    detailed reports and materials outlining corruption in the construction
    of major energy pipelines in Russia. As a result of his efforts,
    authorities opened an investigation into the allegations.
    Section 5. Governmental Attitude Regarding International and
            Nongovernmental Investigation of Alleged Violations of Human
            Rights
        Domestic and international human rights groups operated in the
    country, investigating and publicly commenting on human rights
    problems, but official harassment continued, and the operating
    environment for these groups remains restricted. Authorities
    increasingly harassed NGOs that focused on politically sensitive areas.
    Other official actions and statements indicated a lack of tolerance for
    unfettered NGO activity, particularly by those NGOs that received
    foreign funding or reported on human rights violations. NGOs operating
    in the Northern Caucasus were severely restricted. However, at times
    government and legislative officials recognized and consulted with some
    NGOs, primarily those focused on social issues, and some NGOs
    participated, with varying degrees of success, in drafting legislation
    and decrees. Some officials, including Human Rights Ombudsman Vladimir
    Lukin and the former and current chairs of the Presidential Council for
    Promoting the Development of Institutions of Civil Society and Human
    Rights (Human Rights Council), Ella Pamfilova and Mikhail Fedotov,
    regularly interacted and cooperated with NGOs.
        According to the NGO Agora, there has been a five-fold increase in
    the cases of harassment of civil activists between 2006 and 2010.
    During the year 603 cases of persecution of activists were counted in
    50 regions of the country, up from 308 in 2009. In 2006 there were 118
    such cases.
        During the year some senior officials made critical statements that
    contributed to, and reflected, increased suspicion of NGO activity. In
    July Chechen President Ramzan Kadyrov referred to human rights
    activists and NGO Memorial as ``enemies of the people, enemies of the
    law, enemies of the state.'' The president's first deputy chief of
    staff, Vladislav Surkov, has questioned the loyalty of some human
    rights NGOs that covered human rights issues or received foreign
    funding.
        On May 19, President Medvedev met with human rights activists, and
    listened to their criticisms of Kadyrov's government. On June 23, a
    Russian delegation to the Council of Europe's Parliamentary Assembly
    approved a draft resolution on Russia's actions in the North Caucasus,
    which stated that ``human rights violations and the climate of complete
    impunity were bound to foster the rise of extremist movements.''
        There were several dozen large NGO umbrella organizations, as well
    as thousands of small grassroots NGOs. In the regions, NGO coalitions
    continued to focus their advocacy on such causes as the rights of the
    disabled and entrepreneurs, environmental degradation, violations by
    law enforcement authorities, local corruption, and the conflict in the
    North Caucasus.
        The law regulating NGOs requires them to register with the Ministry
    of Justice. They are required to submit periodic reports to the
    Government that disclose potentially sensitive information, including
    sources of foreign funding and detailed information as to how they used
    their funds. Since foreign funding remained a sensitive issue for the
    security services, NGOs indicated that they were increasingly cautious
    about accepting this support, and in many cases those that continued to
    do so either restricted their activities to less sensitive issues or
    suffered harassment by the FSB. Many NGOs rely on foreign funding due
    to insufficient financial support from within the country. In June 2009
    the measures recommended by a working group convened by President
    Medvedev resulted in a decrease in the registration requirements for
    NGOs.
        Observers believed that the Government selectively applied the NGO
    law to target certain NGOs, such as human rights organizations, whose
    activities they regarded as hostile to the authorities. The law on
    extremism was also employed to restrict the activities of NGOs and
    criticism of the Government. The law defines extremist activity to
    include public libel of a government official or his family, as well as
    public statements that could be construed as justifying or excusing
    terrorism. During the year officials applied the libel law against NGOs
    and individuals. Since 2008, amendments to this law have enabled
    authorities to act upon an accusation of extremism without evidence or
    a court order; however, in practice, outside of the North Caucasus,
    this generally did not lead to detention without court proceedings.
        The local affiliates of foreign NGOs faced more stringent
    registration requirements than purely domestic ones. Most NGOs with
    foreign ties that met the requirements for continuing operation in the
    country were subject to a 2009 prime ministerial decree that removed
    their tax-exempt status, making their grants taxable.
        Officials are authorized to scrutinize NGOs intrusively, and the
    law gives NGOs only limited procedural protections. Under the law the
    Ministry of Justice has discretion to deny registration or to request
    that the courts close organizations, based on vague and subjective
    criteria.
        Authorities continued to apply a number of indirect tactics to
    suppress or close domestic NGOs, including creative application of
    various laws and harassment in the form of investigations and raids.
    One tactic was selective investigations of alleged use of pirated
    software as a pretext for confiscating computers and pressuring NGOs
    and media (see section 2.a.). For example, on January 7, according to
    media reports, four plainclothes police officers raided the offices of
    Baikal Environmental Wave, an NGO opposing the Government's decision to
    reopen an old paper mill on Lake Baikal. Stating that they had received
    a complaint about unlicensed software on its computers, police seized
    all 12 of the group's computers and its Web server, making it difficult
    for them to operate for a period of time. Baikal Wave's leaders told
    one newspaper that they had known that the authorities used such raids
    to pressure advocacy groups, so they had made certain that all their
    software was legal. They showed the raiding officers receipts and other
    evidence that the software was not pirated. However, a supervising
    police officer issued a report on the spot, stating that illegal
    software had been uncovered. According to the environmentalists, they
    had attached certificates of authenticity onto their machines, but
    noticed, as the machines were being removed, that the stickers were
    gone. In July the equipment was returned.
        Between September 13 and 16, the Moscow prosecutor's offices
    carried out a series of coordinated inspections of approximately 40
    NGOs. Many NGOs received faxes demanding that documents be submitted in
    an unrealistically short period of time. These documents included
    registration papers, minutes of meetings, accounting information, and
    tax and reporting documents. In some cases the NGOs were given until
    the following morning to supply the required documents. However,
    following foreign and domestic criticism, the Government appeared to
    call off its inquiry.
        At times authorities refused to cooperate with NGOs that were
    critical of their activities. Chechen Human Rights Ombudsman Nurdi
    Nukhazhiyev continued his predecessor's practice of not cooperating
    with the area's leading human rights NGO, Memorial. He and Chechen
    President Kadyrov spoke out publicly against the NGO. Smaller Memorial
    centers throughout the country reported that city administration
    officials frequently instructed landlords not to rent them office
    space.
        Official pressure continued against the Novorossiisk local human
    rights organization Committee for Human Rights. In March Amnesty
    International reported an attack on one of its members, Vadim
    Karastelev, who was beaten and suffered a concussion, reportedly for
    supporting a police officer, who had spoken out against police
    corruption (see sections 1.c. and 4).
        As of year's end, the ECHR had not ruled on Stanislav
    Dmitriyevskiy's appeal of his 2006 conviction in a domestic court for
    inciting racial and ethnic hatred. At the time of his conviction,
    Dmitriyevskiy was head of the Russian-Chechen Friendship Society, which
    advocated negotiations between the Government and Chechen rebels to
    settle the Chechen conflict. The incitement charge was based on
    Dmitriyevskiy's publishing statements by Chechen rebel leaders.
        In the Jewish Autonomous Republic and some areas in Primorskiy
    Krai, local governments worked with NGOs to encourage citizen
    participation in local self-governance. In Astrakhan government
    officials worked closely with local NGOs devoted to building civil
    society.
        Some international NGOs maintained small branch offices within
    Chechnya staffed by local employees. Following the 2009 killing of
    Natalya Estemirova (see section 1.a.), almost all NGOs left Chechnya or
    temporarily closed their operations there due to fear for their safety
    and ability to operate.
        Government human rights institutions continued to promote the
    concept of human rights, to challenge the activities of some local
    governments that violated human rights, and to intervene in selected
    abuse complaints. Ombudsman Lukin commented on a range of human rights
    problems, such as police violence, prison conditions, the treatment of
    children, and hazing in the military. During the year Lukin criticized
    intolerance and the growing wave of ethnic and religious hatred.
        In his 2009 annual report, Ombudsman Lukin stated that his
    effectiveness was limited because he was not empowered to propose human
    rights legislation. He also noted the difficulty of getting some
    government officials to respond to inquiries from his office. Lukin's
    office has used its influence to draw attention to human rights
    problems in prisons. Many leaders of human rights NGOs continued to
    note that Lukin was generally effective as an official advocate for
    many of their concerns, despite the legal constraints on his position.
        The Ombudsman's Office includes several specialized sections
    responsible for investigating complaints. As of September 2009, 47 of
    the country's 83 regions had regional human rights ombudsmen with
    responsibilities similar to Lukin's; their effectiveness varied
    significantly.
        The Human Rights Council continued to include prominent human
    rights advocates strongly critical of the Government's human rights
    record. In May the council met with President Medvedev, Federal
    District Representatives for the North Caucasus Aleksandr Khloponin,
    and Deputy Chief of Staff Vladislav Surkov to discuss human rights in
    the Northern Caucasus. Medvedev urged the region's leaders to work
    closely with civil society. Mikhail Fedotov succeeded Ella Pamfilova as
    head of the council in October.
        Despite a 2008 law apparently intended to increase its authority,
    many observers did not consider the 126-member Public Chamber of the
    Russian Federation to be an effective check on the Government. Some
    prominent human rights groups declined to participate in the chamber
    from the beginning due to concern that the Government would use it to
    increase control over civil society.
        In January the State Duma ratified Protocol 14 to the European
    Convention on Human Rights, permitting the ECHR to streamline the pace
    of its work in the face of a seven-year backlog of cases. The
    Government had previously blocked passage of this protocol due to the
    ECHR's numerous rulings criticizing violations of basic human rights in
    the country. The Government had ignored more than 100 court rulings
    that found the Government responsible for killings, abductions, and
    torture in Chechnya, according to Human Rights Watch.
        In April 2009 Interior Minister Rashid Nurgaliyev signed a decree
    allowing rights groups to monitor conditions of arrest and detention
    for those being held in pretrial detention. According to some
    observers, there has been some success associated with the decree. In
    Moscow a committee comprising civil society members has generally been
    permitted to observe some detentions. However, increasingly members of
    such committees consisted of police personnel rather than human rights
    activists, reducing its usefulness as an accountability tool. According
    to other activists, there has not been as much compliance with this
    decree outside of Moscow, and there has been a level of unsatisfactory
    compliance for those not yet serving a criminal sentence. The decree
    also lacked firm instructions on a mechanism to implement the plan,
    effectively giving law enforcement authorities discretion as to whether
    to cooperate. The decree also required that law enforcement authorities
    be present during any discussions of conditions with detainees (see
    section 1.c.).
    Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
        The law prohibits discrimination based on race, gender, language,
    social status, or other circumstances; however, the Government did not
    effectively enforce these prohibitions.

        Women.--Rape is illegal, and the law makes no distinctions based on
    the relationship between the rapist and the victim. Spousal or
    acquaintance rape was not widely perceived as a problem by society or
    law enforcement authorities. Women were unlikely to report cases of
    rape by persons they knew. According to NGOs, many women did not report
    rape or other violence due to social stigma and lack of government
    support. Rape victims may act as full legal parties in criminal cases
    brought against alleged assailants and may seek compensation as part of
    a court verdict without initiating a separate civil action. While
    members of the medical profession assisted assault victims and
    sometimes helped identify an assault or rape case, doctors were often
    reluctant to provide testimony in court. According to the MVD, 4,624
    rapes or attempted rapes were committed in the first 11 months of the
    year, a 6.1percent decrease from 2009.
        The penalty for rape is three to six years' imprisonment for a
    single offender, and four to 10 years if the crime is committed by a
    group of persons. The perpetrator receives eight to 15 years if a
    victim is underage, and 12 to 20 years if a victim died or was under 14
    years of age. According to NGOs, law enforcement personnel and
    prosecutors did not consider spousal or acquaintance rape a priority
    and did not encourage reporting or prosecuting such cases. NGOs
    reported that local police officers sometimes refused to respond to
    rape or domestic violence calls until the victim's life was directly
    threatened.
        Domestic violence remained a major problem. As of March 2009, the
    Ministry of Interior maintained records on more than four million
    perpetrators of domestic violence. The Duma's Committee on Social
    Defense reported that there were 21,400 murders during the year, two-
    thirds of which were of women who died in domestic disputes, up 50
    percent since 2002. The Interior Ministry reported that at least 34,000
    women were domestic violence victims each year, meaning a woman died
    every 40 minutes at the hands of a husband, boyfriend, or other family
    member. However, the reluctance of victims to report domestic violence
    meant that reliable statistical information on its scope was impossible
    to obtain. Official telephone directories contained no information on
    crisis centers or shelters. There are only about 25 women's shelters
    across Russia, with beds for a total of about 200 women, according to
    Moscow's Anna National Center for the Prevention of Violence.
        There is no legal definition of domestic violence. Federal law
    prohibits battery, assault, threats, and killing, but most acts of
    domestic violence did not fall within the jurisdiction of the
    Prosecutor's Office. According to a March 2009 study by the Smolensk-
    based Center for Women's Support, police often provided lackluster and
    inadequate responses to calls reporting domestic violence, at times
    suggesting that cases wait until morning. According to NGOs, police
    were often unwilling to register complaints of domestic violence and
    frequently discouraged victims from submitting them. A majority of
    cases filed were either dismissed on technical grounds or transferred
    to a reconciliation process conducted by a justice of the peace, whose
    focus was on preserving the family rather than punishing the
    perpetrator. Civil remedies for domestic violence included
    administrative fines and divorce. The Center for Women's Support
    asserted that many perpetrators of domestic violence themselves
    belonged to law enforcement agencies.
        Female inmates in the prison system faced particular challenges.
    According to the NGO Penal Reform International (PRI), as of April
    there were approximately 864,000 female inmates in 45 special prison
    colonies and detention centers. Although these inmates faced the same
    poor living conditions as male prisoners, the PRI reported that in
    prison women had much less access to health care programs for
    tuberculosis or substance abuse treatment.
        Human Rights Watch reports that ``honor killings'' were a
    continuing problem in some areas, such as the Caucasus, although it was
    difficult to estimate an exact number of victims.
        Some observers noted that the country was a destination for sex
    tourism. Police worked closely with at least one foreign government to
    ensure the prosecution of sex tourists.
        The law does not prohibit sexual harassment, which remained a
    widespread problem. NGOs operating hotlines reported that women
    routinely sought advice on the problem. The lack of legal remedies and
    limited economic opportunities caused many women to tolerate
    harassment. Authorities have successfully prosecuted only two sexual
    harassment cases since 1992.
        The Government officially recognized the basic right of couples and
    individuals to decide freely and responsibly the number, spacing, and
    timing of their children. While there are no legal restrictions on
    access to contraceptives, some reproductive rights advocates reported
    that the atmosphere for their work was difficult. International family
    planning organizations were unable to operate in the face of opposition
    from the Government and from the Orthodox Church, making access to
    family planning limited, especially outside of big cities. The
    Government explicitly encourages women to have as many children as
    possible to counteract the country's demographic problems (the
    country's population has declined by six million since the end of the
    Soviet Union). According to UN estimates, the maternal mortality ratio
    in the country was 39 deaths per 100,000 live births in 2008. Men and
    women received equal access to diagnosis and treatment for sexually
    transmitted infections, including HIV.
        Although the constitution states that men and women have equal
    rights and opportunities to pursue those rights, women encountered
    discrimination in employment. Job advertisements often specified gender
    and age groups. Some even specified desired physical appearance and
    preference for applicants who were open to intimate relations with
    their prospective supervisors. Employers often preferred to hire men to
    save on maternity and childcare costs and avoid the perceived
    unreliability associated with women with small children. The labor
    market was characterized by gender discrimination in compensation,
    professional training, hiring and dismissal, and career promotion.
    However, such discrimination was often very difficult to prove.
    According to both RosStat, the federal state statistics service, and
    the Center for Labor Studies (of the Higher School of Economics), in
    2007 women earned 35 percent less than men, although some more recent
    studies have provided a lower estimate. There is no government office
    devoted to women's legal rights. The women's rights NGO Peterburgskaya
    Egida reported that instances of pregnant women or those with children
    under three years of age being fired by their employers and denied
    social allowances increased in recent years.
        The 2002 census indicated that 62 percent of women in the country
    had higher education, compared to 50 percent of men, and that women
    made up more than 50 percent of university tutors and professors. Women
    ran approximately 30 percent of medium-sized businesses and 10 percent
    of big businesses in the country. A March 2009 study by Price-
    Waterhouse-Coopers (PWC) found that the number of women taking
    managerial positions had grown from 30 to 40 percent since the onset of
    the economic crisis. Another PWC poll revealed that 90 percent of chief
    accountants, 70 percent of human resources senior managers, and 50
    percent of chief financial officers were women. In May 2009 the Supreme
    Court rejected a St. Petersburg woman's appeal to drive metro trains;
    she had filed a discrimination suit after being turned down for the job
    because of her gender. Article 253 of the labor code specifies that
    female workers should not perform ``hard physical jobs and jobs with
    harmful or dangerous labor conditions, or work underground except in
    nonphysical jobs or sanitary and consumer services.'' According to the
    NGO Peterburgskaya Egida, this article had resulted in a list of 456
    professions that legally exclude women, including diver, gas rescue
    worker, paratrooper, and firefighter. Women made up approximately 10
    percent of the workforce of the federal and regional governments.
        Although polygamy is illegal, the Chechen government has encouraged
    men to take more than one wife, has encouraged women and girls to wear
    headscarves when in public (schools, universities, and government
    offices), and threatened the jobs of some unmarried women, should they
    choose to stay single. According to NGOs, bride kidnapping was another
    prevalent practice in the North Caucasus. Backed by local ancient
    tradition, it had reportedly grown as an acceptable reason to abduct
    and rape young women, whether they were returned to their families
    married or not. Often in these cases, the young women are forever
    ``sullied'' as they are no longer virgins and cannot enter a legitimate
    marriage.
        In June HRW received credible reports of individuals, including law
    enforcement agents, pelting uncovered women on the streets of Grozniy
    with paintball guns and threatening future brutality should they not
    cover themselves. At least one of the women had to be hospitalized as a
    result. In an interview with the television station Grozny on July 3,
    Chechen President Kadyrov expressed unambiguous approval of this
    practice by professing his readiness to ``award a commendation'' to the
    men who engaged in these activities. In August HRW reported receiving
    numerous accounts of the harassment of women in the streets of the
    capital by groups of men claiming to represent the Islamic High Council
    (muftiat) of the republic. They reportedly were joined by young men who
    pulled on the women's sleeves, skirts, and hair and accused them of
    being dressed like harlots. In two instances reported to HRW, members
    of Chechen law enforcement bodies were among the perpetrators.

        Children.--By law citizenship is derived from parents at birth or
    from birth within the country's territory if the parents are unknown or
    if the child cannot claim the parents' citizenship. As a rule all newly
    born babies are registered at the local civil registry office where
    parents live. One of the parents must apply for registration within a
    month of the birth date, and on the basis of the medical certificate of
    the hospital where the baby was born, a birth certificate is issued.
        Although education was free to grade 11 and compulsory until age 15
    or 16, regional authorities frequently denied school access to the
    children of persons not registered as residents of the locality,
    including Roma, asylum seekers, and migrants.
        Child abuse was a widespread problem. In June 2009 the Duma passed
    a law that increased the maximum sentence for rape of a minor to 20
    years. It also increased the penalties for child molestation and the
    distribution of child pornography. The law specifies that the maximum
    penalty for child molestation, if certain aggravating factors are
    present, is 20 years and for the distribution of child pornography, up
    to 10 years if aggravating factors are present.
        Children, particularly the homeless and orphans, were exploited for
    child pornography. While authorities working on the issue viewed child
    pornography as a serious problem, the law prohibiting it lacked
    important details, and authorities seldom invoked it. The law does not
    define child pornography, criminalize its possession, or provide for
    effective investigation and prosecution of cases of child pornography.
    Courts often dismissed criminal cases because of the lack of clear
    standards. When a court convicted a suspect, it frequently imposed the
    minimum sentence, often probation. Authorities investigated and
    prosecuted relatively few cases involving child pornography, creating
    an environment in which it proliferated.
        In 2008, the latest year for which figures were available,
    authorities registered 356 cases of the distribution of child
    pornography, opened preliminary investigations into 159 (an increase of
    17.6 percent over the previous year), and brought indictments in 157.
    In 2009 the number of investigations increased to 259. However, an MVD
    official noted that, while the performance of MVD officers
    investigating pornography had improved, the trade in child pornography
    remained strong. In March an MVD spokesman stated that a hotline for
    reporting instances of child pornography received 10,000 calls in 2009,
    leading to the shutdown of 3,000 distribution channels, including 300
    shut down outside the country by cooperating foreign law enforcement
    agencies.
        The Government has created two federal resources to respond to the
    threat of child pornography through the Internet: the Russian Safer
    Internet Center, established in 2008 with a hotline to receive
    information on illegal content sources, and the Friendly Runet
    Foundation created in 2009 with the direct participation of the
    Interior Ministry, which also has a hotline for reporting Internet
    sources with illegal content.
        In 2009 NGOs began a project entitled, Prevention of Sexual
    Exploitation of Children in the Russian Federation, with support from
    the European Commission. The three-year project is a joint initiative
    led by the Syostry call center in Moscow, the Perm Center for Violence
    Prevention, and the Far Eastern Center in Support of Social Initiatives
    in the Russian Far East, which intended to put in place a system for
    training social workers, police, and educators in their regions on the
    prevention of violence against children, the provision of support for
    victims, and the early identification of sexual violence.
        Citing MVD statistics, a Public Chamber representative said in May
    that each year nearly 120,000 children were orphaned, and each day,
    200-220 were taken away from neglectful parents. The representative
    estimated that 600,000 children were located in different types of
    institutional and foster care. In a 2008 report, the NGO Children's
    Rights estimated that approximately 40,000 children ran away from home
    annually to escape abuse and neglect and that 20,000 orphans fled
    similar conditions in orphanages. The report, as updated in February
    2009, corroborated the MVD statistics of approximately 120,000 new
    orphans every year.
        The NGO Children's Rights estimated that 2 percent of the country's
    children were neglected or lived on the streets. Police attempted to
    return approximately 70 percent of them to a home or institution.
    According to Rossiskaya Gazeta, a government publication, the number of
    children living in extreme poverty fell from 3.1 percent in November
    2008 to 1.4 percent in November of 2009. According to Investigative
    Committee head Alexander Bastrykin, during the year 100,000 children
    were the victims of serious crimes, a decrease from 126,000 child
    victims in 2008. An estimated 20,000 minors were missing at the end of
    the year, including 5,000 small children.
        Homeless children often engaged in criminal activities, received no
    education, and were vulnerable to drug and alcohol abuse. Some children
    on the streets turned to, or were forced into, prostitution, often to
    survive. According to a 2010 report by the Foundation for Assistance to
    Children in Difficult Life Situations, juveniles in 2009 committed
    94,700 crimes, a decrease from 116,100 committed in 2008.
        Although there was no nationwide telephone hotline for reporting
    child abuse, the Presidential Administration, in conjunction with
    foreign governments, provided grants through the National Charity
    Foundation to local NGOs, such as the National Foundation for the
    Prevention of Cruelty to Children, to train staff on and strengthen
    local hotlines for child abuse across the country.
        In March 2007 the Government implemented its flagship child welfare
    program, Children of Russia. During the year this program continued the
    construction and renovation of orphanages and centers for disabled
    children and detention centers for juvenile offenders. The program also
    focused on the comprehensive rehabilitation and social integration of
    disabled children in a family environment and supplied children's
    rehabilitation centers with equipment.
        The Foundation for Assistance to Children in Difficult Life
    Situations was established in 2008 by presidential order. The program
    has provided more than 1.7 billion rubles ($56.3 million) to cofinance
    109 programs in 50 regions and to finance 307 projects in 63 regions.
        In September 2009 President Medvedev established the post of
    Ombudsman for the Rights of Children and appointed Aleksey Golovan, a
    well-known human rights activist, to the post. In December the
    president replaced Golovan with lawyer and Public Chamber member Pavel
    Astakhov. According to the Moscow Times, authorities dismissed Golovan
    at the behest of Russian Orthodox groups who objected to his support
    for a juvenile justice system separate from the one for adults. The
    responsibilities of the children's ombudsman include following the
    activities of state agencies at the federal level, ensuring the
    observance of the rights of children, and writing an annual report
    similar to that of Ombudsman Lukin.
        Regional ombudsmen for children operated in 25 regions with the
    authority to conduct independent investigations relating to the
    violation of children's rights, inspect any institutions and executive
    offices dealing with minors, establish councils of public experts, and
    conduct an independent evaluation of legislation affecting children. In
    a number of schools in the Moscow and Volgograd Oblasts, there were
    school ombudsmen dealing with children and families and identifying
    potential conflicts and violations of the rights of children.
        According to 2007 data from the Moscow Department of Social
    Security, 12 percent of street children in shelters had run away from
    orphanages or residential facilities. Law enforcement officials
    reportedly abused street children, blamed them for unsolved crimes, and
    committed illegal acts against them, including extortion, illegal
    detention, and psychological and sexual violence.
        Then children's ombudsman noted in a September 2009 interview with
    Vremya Novostei that approximately 160,000 of the country's orphans
    lived in orphanages and suffered from ``psychological and emotional
    neglect.''
        Russia is not a party to the 1980 Hague Convention on the Civil
    Aspects of International Child Abduction. For information on
    international child abduction, please see the Department of State's
    annual report on compliance at http://travel.state.gov/abduction/
    resources/congressreport/congressreport--4308.html as well as country-
    specific information at http://travel.state.gov/abduction/country/
    country--3781.html.

        Anti-Semitism.--An estimated 250,000 Jews lived in the country,
    constituting less than 0.25 percent of the population, according to
    government sources and various Jewish groups. Some researchers believed
    that the number was underreported due to the hesitation of some Jews to
    publicly identify their background.
        Although Jewish leaders reported improvements in official attitudes
    towards Jews, anti-Semitism remained a problem at the societal level.
    Violent attacks against Jews were infrequent, with only a few episodes
    occurring during the year.
        According to a May 24 report from Jewish.ru, soccer fans from St.
    Petersburg angry about their team's loss in a game held in Rostov-on-
    Don beat up Roman Kosarev, a Jew, and shouted anti-Semitic epithets.
    Authorities began an investigation and promised to bring those
    responsible to justice. There were no further developments by year's
    end.
        There continued to be reports across the country of vandals
    desecrating Jewish synagogues and cemeteries and defacing Jewish
    religious and cultural facilities, sometimes combined with threats to
    the Jewish community, although the amount of vandalism is generally
    decreasing. The SOVA Center, an NGO that seeks to combat extremism and
    nationalism, registered six acts of anti-Semitic vandalism. There has
    been a reduction in vandalism due to a decrease in the activities of
    nationalist groups Russian Way and Resistance, which had been very
    active in these crimes.
        On March 12, anti-Semitic slogans were written in graffiti on the
    walls of a synagogue in Izhevsk. Two minors were charged in the
    incident. On April 20, Adolf Hitler's birthday, anti-Semitic graffiti
    appeared in several parts of Ulyanovsk, according to the Federation of
    Jewish Communities of Russia. Anti-Semitic graffiti and leaflets
    appeared frequently in many regions, including at a Communist Party
    meeting in Ulyanovsk on May 1.
        The SOVA Center also reported desecrations of graves in Jewish
    cemeteries in Nizhny Novgorod, Makhachkala, and Kaliningrad in 2009.
    Officials often classified these crimes as ``hooliganism.'' In many
    cases in which local authorities prosecuted cases, courts imposed
    suspended sentences. In some cases, however, the hate crime motive was
    taken into consideration. According to the Moscow Bureau for Human
    Rights, law enforcement officials were investigating vandalism in
    Voronezh, where 20 gravestones in a local Jewish cemetery were knocked
    down on July 27. On October 7, anti-Semitic inscriptions appeared on a
    Jewish synagogue in Barnaul. At year's end the local police were
    investigating the incident.
        On June 22, an explosion next to a synagogue in Tver took place in
    the middle of the night, damaging the exterior of the building but
    causing no casualties. The governor of the Tver Region announced that
    he would take the investigation of the attack under his personal
    control. As of the end of the reporting period, there was no further
    information on the attack.
        On October 28, a Moscow Court sentenced a 22-year old neo-fascist
    with links to the Nationalist Socialist Society to life imprisonment
    for killing 15 persons, some of whom were Jewish. According to the head
    of the Ministry of Interior' Scientific Research Institute, there are
    more than 150 neo-Nazi groups in Russia, and the number was rising.
        In September 2009 skinheads in Khabarovsk threw Molotov cocktails
    into a synagogue and into the house of a policeman who had been
    investigating cases of extremism. Khabarovsk Anti-extremist Department
    police detained the group, and criminal proceedings were opened against
    two of the suspects. They faced up to five years' imprisonment for the
    synagogue attack and up to life imprisonment for the attack on the
    police officer.
        Anti-Semitism on television or in other mainstream media was
    infrequent and was more likely to appear in low-circulation newspapers
    or in pamphlets. However, according to the Moscow Bureau of Human
    Rights (MBHR), anti-Semitic material on Russian-language Internet sites
    increased during the year.
        There were several instances in which the Government successfully
    prosecuted individuals for anti-Semitic statements or publications. On
    March 12, a court in Izhevsk gave a one-year suspended sentence to neo-
    Nazi Russian National Unity member Andrey Mokrushin for painting
    swastikas and anti-Semitic threats on the walls of a local Jewish
    community center, according to the Union of Councils for Jews in the
    Former Soviet Union. On February 3, a court sentenced the editor of the
    anti-Semitic newspaper Orthodox Rus to three years in a prison colony
    for inciting ethnic and religious hatred for distributing an anti-
    Semitic film, Russia with a Knife in the Back.
        On May 27, a court fined a Novosibirsk man 1,000 rubles ($33) for
    distributing the Nazi propaganda film Eternal Jew. On July 9, a Tyumen
    court dismissed incitement charges against college professor Svetlana
    Shestakova for a series of lectures in which she claimed that Jews
    ritually kill Christian children. The court dropped the charges due to
    the expiration of a statute of limitation, according to the Union of
    Councils of Former Soviet Jews.
        On June 30, the editor of the newspaper Russian Truth was fined
    450,000 rubles ($14,720) for inciting ethnic hatred in a 2006
    publication entitled Why don't people like the Jewish mafia?
        The Government has publicly criticized nationalist ideology and
    expressed support for legal action in response to anti-Semitic acts.
    However, the Liberal Democratic Party organized a July 10 Duma
    roundtable called ``On the Question of Recognizing the Genocide of the
    Russian People,'' which resulted in a declaration blaming the
    ``international Zionist financial mafia for genocide against the
    Russian people.''
        Federal authorities, and in many cases regional and local
    authorities, facilitated the establishment of new Jewish institutions.
    Vladimir Putin, both as president in 2008 and subsequently as prime
    minister, publicly criticized anti-Semitism and supported the
    establishment of the Museum of Tolerance by the Federation of Jewish
    Communities of Russia. Work continued on a 2.7 billion ruble ($89
    million) complex on land donated by the Moscow city government to house
    the museum as well as Jewish community institutions, including a school
    and a hospital.

        Trafficking in Persons.--For information on trafficking in persons,
    please see the Department of State's annual Trafficking in Persons
    Report at www.state.gov/g/tip.

        Persons With Disabilities.--Several laws prohibit discrimination
    against persons with disabilities or mandate their equal treatment;
    however, the Government generally did not enforce these laws. Citizens
    with disabilities continued to face discrimination and denial of equal
    access to education, employment, and social institutions. The situation
    for persons with disabilities reportedly worsened following the
    replacement of government in-kind subsidies for such items as
    transportation and medicine with cash payments in 2004. Some affluent
    regions, such as Moscow, preserved benefits for persons with
    disabilities at preexisting levels, while most other regions provided a
    limited number of benefits, such as free transportation. According to
    information provided by a leading NGO working on disability rights,
    persons with mental disabilities were severely discriminated against in
    both education and employment. In addition, the conditions of
    guardianship imposed upon them by courts deprived them of practically
    all personal rights.
        In May 2009, the daily Moskovskiy Komsomolets reported that there
    were 13 million persons with disabilities. In 2006 the human rights
    ombudsman stated that in the previous 10 years more than 120,000
    persons have become disabled as a result of military actions and war
    injuries, and according to the NGO Perspektiva, the number continued to
    grow as a result of new conflicts. Persons with disabilities generally
    were excluded from the social and political life of their communities
    and isolated from mainstream society. However, there were several Duma
    deputies with disabilities, and lobbying in favor of persons with
    disabilities to improve legislation occurred. A joint study released in
    May 2009 by the Public Chamber and EU representatives found that 20
    percent of respondents considered persons with disabilities to be
    burdens on society. Forty percent of the disabled surveyed reported
    that they experienced social problems, in particular insults and
    hostility. At the same time, disability rights activists believe that
    some attitudes were changing for the better. An August 27 rally in
    Moscow, in which many wheelchair users and celebrities participated,
    attracted three times as many participants as the same rally did in
    2009; the rally was supported by many officials and was covered by all
    major television and radio stations, newspapers, and blogs.
        Conditions in institutions for adults with disabilities were often
    poor, with unqualified staff and overcrowding. The residents were
    mainly ``graduates'' of similar institutions for children. Institutions
    rarely attempted to develop the abilities of residents, who were
    frequently confined to the institutions and sometimes restricted in
    their movement within the institutions themselves.
        Federal law on the protection of persons with disabilities requires
    that buildings be made accessible to persons with disabilities, but
    authorities did not enforce the law, and in practice most buildings
    were not accessible. A reporter for Noviye Izvestiye estimated in a
    September 2009 article that 10 to 30 percent of Moscow's buildings were
    inaccessible to persons with disabilities. Likewise, only 8 percent of
    the city's 36,000 street crossings were completely equipped for the
    disabled. Although accessibility requirements were imposed in 1995,
    efforts to realize them have been undertaken in earnest only in the
    last three to five years.
        There are laws establishing employment quotas for persons with
    disabilities at the federal and local levels; however, some local
    authorities and private employers continued to discourage such persons
    from working, and there was no penalty for failure to honor quotas.
    Human rights NGOs made some progress in persuading foreign companies in
    larger cities, including Moscow, to consider persons with disabilities
    as potential employees, and the Moscow city government reportedly
    encouraged employers to hire persons with disabilities. In September
    the NGO Perspektiva reported that the onset of the economic crisis had
    worsened employment prospects for persons with disabilities; however,
    Perspektiva had no statistics on the scope of the problem.
        In 2008 the ombudsman's office reported that approximately 640,000
    of the country's persons with disabilities were children. Authorities
    generally segregated such children from mainstream society through a
    system that institutionalized them until adulthood. Observers concluded
    that issues of children's welfare often were ignored, and there were
    few means of addressing systemic problems of abuse. Human rights groups
    alleged that children with disabilities in state institutions were
    poorly provided for and, in some cases, physically abused by staff
    members. ``Graduates'' of state institutions also often lacked the
    necessary social, educational, and vocational skills to function in
    society. According to a 2006 report by the Prosecutor General's Office,
    half of the more than 600,000 children with disabilities in state care
    lacked medicines, hearing aids, and wheelchairs. The NGO Children's
    Rights confirmed in September 2009 that this situation had not changed.
    There appeared to be no legal mechanism by which individuals could
    contest their commitment to a facility for persons with disabilities.
    The assignment of categories of disability to children with mental
    disabilities often followed them through their lives. The labels
    ``imbecile'' and ``idiot,'' which were assigned by a commission that
    assesses children with developmental problems at the age of three and
    signifies that a child is uneducable, were almost always irrevocable.
    Even the label ``debil'' (slightly retarded) followed an individual on
    official documents, creating barriers to employment and housing after
    graduation from state institutions. This designation was increasingly
    challenged in the case of children with parents or individual
    caregivers, but there were few advocates for the rights of
    institutionalized children.
        Youths with disabilities not in institutions faced significant
    barriers to education, including a lack of access to schools. According
    to the May 2009 Public Chamber study, only 3 percent of children
    studied under conditions analogous to mainstream students, and 87
    percent of higher education institutions did not accept students with
    disabilities. Education authorities often tried to keep youths with
    disabilities out of school due to lack of special programs. Parents of
    children without disabilities often were averse to their children
    studying with children with disabilities. Rights activists stated,
    however, that attitudes toward including disabled children in
    mainstream schools were changing, with such children being admitted to
    schools in many places around the country, although the numbers are
    still small.
        There have been mixed results in attempts to accommodate children
    with disabilities in educational facilities. According to Perspektiva,
    part of the problem is due to the absence of a formal federal-level
    definition of inclusive education for persons with disabilities and the
    fact that the law does not contain a clear mechanism to ensure
    inclusiveness in education. On April 28, the Moscow City Duma passed a
    law on The Education of Persons with Disabilities in Moscow, which
    observers contended created some improvements in education for persons
    with disabilities.
        Perspektiva noted that rather than provide special equipment that
    would allow a visually impaired child to attend class, the school
    administration in Stavropol recommended that the child receive
    education at home. In response to a complaint filed by lawyers on
    behalf of the student's family, the school revoked its initial
    recommendation and provided the needed equipment as well as a staff
    member to escort the child to classes.
        The mother of a student wheelchair user appealed to the education
    department in Nizhny Novgorod to provide a wheelchair-accessible
    environment at the State University. After being denied her request,
    during the following two years, the parent unsuccessfully petitioned
    the governor, the Nizhny Novgorod Department of Education, and the
    regional ministry of education for wheel-chair access at the university
    before abandoning her efforts, reportedly for fear of attracting harm
    to her son.
        The mother of an 11-year-old wheelchair user was initially
    unsuccessful in her campaign in Butovo to have the student's new school
    accommodate his special mobility needs for his classes on the third and
    fourth floor of the school. It was primarily due to the public appeal
    and rally organized by the NGO Perspektiva and coverage by the media
    that authorities eventually built a chair lift in the school.
        According to government reports, of approximately 450,000 school-
    age children with disabilities, an estimated 200,000 did not receive
    any education. Of the 250,000 who received an education, 140,000
    attended regular schools, 40,000 studied at home, and 70,000 attended
    special education schools. Because special education schools
    constituted only 3 percent of all schools, most children with
    disabilities could not study in the communities where they lived and
    were isolated from other members of the community.
        The election laws contain no special provisions concerning the
    accessibility of polling places, and the majority of polling places
    were not accessible to persons with disabilities. However, the law
    provides for mobile ballot boxes to be brought to the homes of the
    disabled.
        The mandates of government bodies charged with protecting human
    rights included the protection of persons with disabilities. These
    bodies carried out a number of inspections in response to complaints
    from disability organizations and, in some cases, appealed to the
    responsible agencies to remedy individual situations. Inspections by
    the Ombudsman's Office of Homes for Children with Mental Disabilities
    continued to disclose severe violations of children's rights and
    substandard conditions. According to the Moscow Department of
    Education, there are approximately 26,000 children with disabilities in
    Moscow, but only the special needs of 100 children with disabilities in
    secondary level education have been accommodated. According to
    Perspektiva, federal funding for social support of the disabled from
    2006-10 was 310 million rubles ($10 million), and a subprogram for
    rehabilitation of those disabled due to violent conflict was 9.58
    million rubles ($333,000). Federal grants to non-governmental
    organizations serving the disabled in 2010 alone totaled 800 million
    rubles ($27.8 million), and the Moscow government reportedly spent 36.5
    billion rubles ($1.27 billion) between 2007 and 2009 on its Social
    Integration of Disabled Persons and Other Persons with Disabilities
    program. The federal government plans to spend 46 billion rubles ($1.6
    billion) over five years through its Accessible Environment program to
    improve access for the disabled.

        National/Racial/Ethnic Minorities.--The law prohibits
    discrimination based on nationality; however, government officials at
    times subjected minorities to discrimination. Recent years saw a steady
    rise in societal violence and discrimination against minorities,
    particularly Roma, persons from the Caucasus and Central Asia, dark-
    skinned persons, and foreigners. The number of reported hate crimes
    increased during the year, and skinhead groups and other extreme
    nationalist organizations fomented racially motivated violence. Racist
    propaganda remained a problem during the year, although courts
    continued to convict individuals of inciting ethnic hatred by means of
    propaganda. In December, in the wake of the death of an ethnic Russian
    after a street brawl involving ethnic Russians and persons of Caucasus
    origin, Moscow experienced widespread racial rioting by thousands of
    participants that the authorities were often unable to control. Several
    dozen individuals of Central Asian and Caucasus appearance were
    attacked and severely beaten in the capital. President Medvedev
    condemned the nationalist violence. Some high-level government
    officials initially failed to do so, and some appeared to give
    legitimacy to the demands of the nationalists, placing the blame on
    foreign migrants.
        A number of studies released in March 2009 by independent NGOs and
    advocacy groups, such as the Tajik Migrant Workers Union, found
    widespread problems of unpaid laborers with no legal recourse.
        Persons of color complained of unequal treatment at the hands of
    authorities. In Moscow authorities subjected persons of color,
    especially those of Central Asian and Caucasus appearance, to far more
    frequent document checks than others and frequently demanded bribes
    from those lacking documents.
        According to the Moscow Protestant Chaplaincy's Task Force on
    Racial Violence and Harassment, police in Moscow consistently failed to
    record the abuse of African minorities, and did not charge the alleged
    attackers with any crime or issue copies of police reports to the
    alleged victims. In one case this year, a policeman refused to record
    an attack on a Congolese student in Moscow because the event took place
    on a Friday, the day in question was a holiday and ``this is Russia.''
    On another occasion, the police allegedly told a Cameroonian victim
    that it was too late in the evening to make a police report and to come
    back the next day. When the victim returned the following day, the
    police attempted to twist the events and claim that the victim was
    actually the attacker.
        Twenty-four racially motivated attacks on Africans were reported
    this year in Moscow, according to the SOVA Center. In one March attack,
    two unknown men attacked a man from Cameroon with knives, hospitalizing
    him for three weeks.
        In Bashkortostan, authorities required applicants for new identity
    documents to state their ethnic origins, contrary to the constitution,
    which states that ``no one shall be forced to identify and state their
    ethnicity.'' Some officials appeared to stoke societal antipathy toward
    migrant workers from Central Asia by making statements imputing greater
    criminality to migrants than to citizens. In May 2009 Federal
    Investigative Committee head Aleksandr Bastrykin commented to an
    interviewer that migrants were to blame for the majority of crimes in
    society. In December hundreds of members of the Young Guard, a youth
    wing of the United Russia Party, rallied in Moscow to demand the
    expulsion of millions of nonethnic Russian labor migrants.
        Skinhead violence continued to be a serious problem. Skinheads
    primarily targeted foreigners, particularly Asians and individuals from
    the Northern Caucasus, although they also expressed anti-Muslim and
    anti-Semitic sentiments. According to the Ministry of Interior, neo-
    fascist movements had approximately 15,000 to 20,000 members, more than
    5,000 of whom were estimated to live in Moscow. However, the ministry
    stated that if the category were expanded to include ``extremist youth
    groups'' in general, the number was closer to 200,000 countrywide. In
    February 2009 the MBHR estimated that there were as many as 70,000
    skinhead and radical nationalist organizations, compared with a few
    thousand in the early 1990s. Skinhead groups were most numerous in
    Moscow, St. Petersburg, Nizhniy Novgorod, Yaroslavl, and Voronezh. The
    three most prominent ultranationalist groups--the Great Russia Party,
    the Slavic Union Movement, and the Movement against Illegal Immigration
    --claimed, respectively, 80,000, 10,000, and 20,000 members. However,
    membership claims by these underground organizations were difficult to
    verify.
        Police investigation of cases that appeared to be racially or
    ethnically motivated was frequently ineffective. Authorities were at
    times reluctant to acknowledge the racial or nationalist element in the
    crimes, often calling attacks ``hooliganism.'' Many victims met with
    police indifference, and immigrants and asylum seekers who lacked
    residence documents recognized by police often chose not to report
    attacks. According to the SOVA Center, willingness to recognize crimes
    as hate crimes varied widely depending on the personal views of the
    local prosecutor; the center noted that the number of hate crimes
    prosecuted in Moscow increased significantly after a new prosecutor
    took office in 2008.
        The SOVA Center reported a general increase in the amount of
    racially motivated violence. According to SOVA data, there were 400
    racially motivated attacks during the year, resulting in 37 deaths and
    363 injuries, an increase from 19 persons killed and 167 injured in
    2009. The SOVA Center stated that during the year, 273 persons were
    convicted for crimes motivated by ``aggressive xenophobia,'' of whom
    154 were imprisoned. In most cases the attackers wore skinhead attire
    or proclaimed nationalist slogans.
        According to the SOVA Center, on February 3, Konstantin Dushenov,
    editor of an ultranationalist newspaper, Rus Pravoslavnaya, was found
    guilty of inflaming racial hatred and sentenced to three years in jail.
        A June 2009 report by SOVA noted that, in addition to their more
    traditional targets, neo-Nazis were increasing their attacks on law-
    enforcement personnel. For example, on April 12, Moscow judge Eduard
    Chuvashov was shot to death in his central Moscow apartment complex. He
    had presided over high-profile trials of fascists, including the
    ultranationalist White Wolves gang and the Ryno-Skachevsky group. The
    White Wolves had been charged with killing non-white victims and the
    Ryno group with killing 20 persons and targeting migrants.
        On April 30, a Moscow city court outlawed the neo-Nazi Slavic Union
    group, declaring it extremist.
        On May 14, a grenade was thrown into a Muslim-owned store in St.
    Petersburg. It is suspected that the crime was racially motivated. On
    May17, a popular ethnically Brazilian Soviet-era actor, Tito Romalio,
    was attacked and later died. It was suspected that the crime was
    racially motivated as well.
        On July 27, the Tver city court sentenced neo-Nazi Russian National
    Unity group member Dmitry Orlov to life in jail for four killings and
    multiple assaults stemming from hate crimes committed between 2005 and
    2006.
        On July 29, four teenagers in St. Petersburg were found guilty by
    the Vyborgskiy District Court of St. Petersburg of inflaming ethnic
    hatred and attacking a group of Asians. One victim died from the
    attack, and the killer was sentenced to a seven and one-half years in
    prison. The other three perpetrators received suspended sentences of
    three to four years.
        In August 2009 FSB officers arrested Anton Mukhachev, one of the
    suspected cofounders of the extreme nationalist organization Northern
    Brotherhood and its Internet-based game Bolshaya Igra, and charged him
    with incitement to ethnic hatred. Mukhachev remained in detention at
    year's end. An investigation into his alleged crimes was completed in
    the summer, but a trial has not yet been scheduled. The group's
    Internet-based game is no longer online. Many online nationalists
    expressed support for Mukhachev, with some threatening revenge against
    authorities.
        On June 17, 10 members of an extremist youth group were arrested in
    connection with the December 2009 killing of a Ghanaian citizen.
        There were no reports of further developments in several 2009
    attacks that appeared to be racially motivated, including: the February
    attack by three youths in St. Petersburg on an African student at the
    Bonch-Bruyevich Telecommunications University, the May skinhead attack
    on an Indian restaurant in Moscow, and the October killing of a young
    Kyrgyz man on Bolshoy Cherkizovsky Street in Moscow.
        There were no reports of arrests or prosecutions related to the
    following 2008 cases: the skinhead attack on Kyrgyz and Vietnamese
    students at a Ufa university, the incendiary attacks by masked
    perpetrators on a group of Tajik guest workers in Moscow, the attack on
    a Turkmen embassy official by 10 neo-Nazis, and the attack near Moscow
    against two Tajik workers, one of whom was beheaded.
        There were developments in some ethnically motivated killings from
    previous years. In February 2009 the trial began of the Borovikov gang,
    whose members were charged with seven killings motivated by ethnic
    hatred between 2003 and 2006. Fourteen skinheads were involved, and
    nine were arrested. Of the two leaders of the gang, only Aleksey
    Voevodin is on trial; the other, Dmitriy Borovikov, was shot and killed
    by militiamen while resisting arrest in 2006. The case consists of 13
    episodes of criminal activities of the gang. Due to extensive delays in
    the investigation and trial, the Government was forced to release
    several of the accused. The trial for the remaining accused continued
    at year's end; several witnesses and victims have been threatened
    according to SOVA.
        Six persons of North Caucasus origin were convicted and sentenced
    in connection with the 2006 ethnic rioting in Kondopoga, Karelia. Their
    sentences ranged from three to 22 years' imprisonment.
        There were indications that the Government took ultranationalism
    seriously as a potential threat to the social order. However, in a
    March 20 interview with Interfax, Federal Migration Service deputy head
    of the International and Public Relations Directorate Konstantin
    Poltoranin dismissed the idea that xenophobia and ethnic intolerance
    had reached a dangerous level. According to Poltoranin, ``To say that
    in Russia foreign citizens are being victimized en masse is stupid.
    These are isolated incidents.'' During the Manezh square riots, on
    multiple occasions, police effectively protected members of ethnic
    minorities who had been targeted for attack by neo-nationalist groups.
        Human rights organizations expressed concern that Romani children
    in the education system experienced discrimination. According to the
    NGO Anti-Discrimination Center Memorial, a number of schools refused to
    register Romani students on the grounds that they lacked documents,
    while others segregated Romani students or placed them in classes
    designed for children with learning disabilities because of their
    ethnicity.

        Indigenous People.--The law provides for support of indigenous
    ethnic communities, permits them to create self-governing bodies, and
    allows them to seek compensation if economic development threatens
    their lands. Groups such as the Buryats in Siberia and ethnic groups in
    the far north (including the Enver, Tafarli, Chukchi, and others)
    continued to work actively to preserve and defend their cultures as
    well as their right to benefit from the economic resources of their
    regions. Most asserted that they received the same treatment as ethnic
    Russians, although some groups claimed that they were not represented,
    or were underrepresented, in regional governments.

        Societal Abuses, Discrimination, and Acts of Violence Based on
    Sexual Orientation and Gender Identity.--Homosexuality was
    decriminalized in 1993; however, the gay and lesbian communities
    continued to suffer from societal stigma and discrimination. Gay rights
    activists asserted that the majority of gays hide their orientation due
    to fear of losing their jobs or their homes, as well as the threat of
    violence. However, there are active gay communities in Moscow and St.
    Petersburg. Medical practitioners reportedly continued to limit or deny
    gay and lesbian persons health services due to intolerance and
    prejudice. According to recent studies, gay men faced discrimination in
    workplace hiring practices. Openly gay men were targets for skinhead
    aggression; police often failed to respond out of indifference. A few
    gay rights organizations operated but did so out of public view.
        In Moscow authorities banned permits for a gay pride parade for the
    fifth year. Moscow's then mayor Yury Luzhkov, described gay pride
    marches as ``satanic.'' However, on May 29, rights activists in Moscow,
    employing stealth tactics, managed to hold a rally in the center of
    Moscow despite a ban imposed by the city's authorities. The protesters
    walked for approximately six-tenths of a mile and left when they saw
    police. There were no reports of attempts to stop the activists. A few
    hours later another march took place in northwest Moscow. On the same
    day, representatives of the Russian Orthodox, Protestant, Muslim, and
    Buddhist communities made statements in support of then mayor Luzhkov's
    position and against public actions by sexual minorities.
        Five participants in a gay rights rally at the Hermitage Museum in
    St. Petersburg were arrested for taking part in an unauthorized event
    on June 26. The police also arrested 20 men who reportedly planned to
    attack the demonstrators. All were released the next day.
        According to Nikolay Alekseyev, a leader of Moscow's gay community,
    in September he was kidnapped from an airport by persons he believed to
    be security personnel and held for two days outside Moscow where he was
    threatened and verbally abused by plainclothes officers. Alekseyev
    expressed the belief that this was an effort to get him to drop
    lawsuits against Russia filed with the ECHR (see section 1.b.).
        Societal animosity toward gays remained strong. In 2008 two youths
    killed a man they perceived to be gay. Police arrested both
    individuals, and at year's end they remained under investigation. On
    October 30, an estimated 1,000 protesters staged a rally in Moscow
    against gay parades, the legalization of same-sex marriages, and
    immorality. According to press reports, the rally was organized by a
    number of Orthodox organizations; many participants carried signs,
    among them ones that read: ``A gay parade will never be held in
    Moscow.'' The protest followed a ruling earlier in the month by the
    ECHR that found the city's ban on gay pride parades to be in violation
    of the European Convention on Human Rights.
        The city of St. Petersburg gave permission to hold a gay rights
    parade/demonstration on November 20. According to the human rights Web
    site GayRussia.ru, this was the first legally sanctioned gay
    demonstration in the country's history. There was a large turnout by
    antigay demonstrators, who threw eggs and shouted insults, and the
    demonstration was broken off after 40 minutes due to violence.

        Other Societal Violence or Discrimination.--Persons with HIV/AIDS
    often encountered discrimination. A federal AIDS law includes
    antidiscrimination provisions but frequently was not enforced. HRW
    reported that HIV-positive mothers and their children faced
    discrimination in accessing health care, employment, and education.
    Persons with HIV/AIDS found themselves alienated from their families,
    employers, and medical service providers. According to the NGO
    GayRussia.ru, the Government no longer requires HIV tests for visitors
    who apply for short term tourist visas or business visas for one year
    or longer, so long as the total stay in Russia is not greater than
    three months per year.
    Section 7. Worker Rights

        a. The Right of Association.--The law provides workers the right to
    form and join unions, but government policy limited its exercise in
    practice. For example, by law, the Federal Registration Service should
    consider a union officially registered once it has submitted the
    requisite documents. In practice, however, labor experts asserted that
    the documents a union must submit vary among regional offices of the
    service, and the offices often find fault with the papers provided for
    minor, bureaucratic reasons.
        The Federation of Independent Trade Unions of Russia (FNPR)--the
    largest union organization in the country--reported that approximately
    45 percent of the workforce was unionized, a decline from approximately
    55 percent in 2006. As of June, its membership of 24.7 million (35
    percent of the workforce), constituted a majority of unionized workers.
        By law labor unions are independent of government bodies,
    employers, political parties, and NGOs. Interference by government
    authorities in union activities is prohibited. However, labor activists
    reported that police regularly used widespread intimidation techniques
    against union supporters, including detention, extensive
    interrogations, and provocation of physical confrontation.
        Police and prosecutors often questioned union activists based on
    written orders from the regional office of the FSB. Union activists
    also alleged that police pressured them to become informants.
        On July 13, Ministry of Interior Senior Police Lieutenant
    Mikhailova met with Denis Litvin, the chair of the Interregional Union
    of Autoworkers' affiliate, at his workplace, Tagro, which produces food
    processing equipment. During the meeting Mikhailova accused Litvin of
    falsifying union documents and demanded a list of union members and
    information on his friends and labor activists, which he refused to
    supply. On July 30, Tagro security staff detained Litvin and threatened
    him with physical violence if he did not stop distributing union
    information and ``stirring up people.'' In September, after Litvin won
    a court case against management for antiunion discrimination,
    management fired him instead of implementing the court ruling.
        In January the Labor Confederation of Russia and All-Russia
    Confederation of Labor filed a joint complaint against the Government
    with the International Labor Organization's Freedom of Association
    Committee. The complaint, later joined by leading unions, documents
    violations that took place from 2006 to 2009, including: violations of
    trade union rights and civil liberties, violations of workers' right to
    establish organizations without prior authorization, discrimination
    based on union membership and union activities, refusal by employers to
    recognize newly formed unions, denial of union leaders' access to
    members' workplaces, violations of the right to bargain collectively,
    government interference in trade union activities, and absence of an
    established system to defend trade union rights.
        In February 2009 unidentified assailants attacked Yevgeniy Ivanov,
    chair of the independent Interregional Union of Autoworkers' General
    Motors (GM), near his home in a suburb of St. Petersburg. In November
    2009 GM terminated Ivanov. In December 2009 Ivanov filed a request with
    the district court for the restoration of his position and monetary
    compensation. In March the court ruled in favor of Ivanov, restored him
    to his position, and ordered GM authorities to pay him 106,000 rubles
    ($3,500) in compensation.
        The National Union of Mineworkers (NUM) continued to seek the
    release of Valentin Urusov, a miner allegedly framed and imprisoned in
    2008 after recruiting employees of the Alrosa Diamond Mining Company to
    join a union. According to NUM, Urusov was sentenced to six years of
    hard labor on a fabricated charge of drug possession. In May 2009 the
    Yakut Supreme Court initially released Urusov and ordered another
    investigation; but the court subsequently upheld the conviction with a
    reduced sentence of five years. Despite a continuing review of the case
    by the prosecutor general at the request of the Public Chamber,
    Urusov's status remained unchanged at year's end.
        The law establishes the right to strike, but that right was
    difficult to exercise. The majority of strikes were considered
    technically illegal because they violated one or more of a complex set
    of procedures governing disputes. The law requires the provision of a
    minimum level of essential services if a strike could affect the safety
    or health of citizens. The labor code prohibits strikes in the military
    and emergency response services. In addition, it prohibits strikes in
    essential public service sectors, including utilities and
    transportation, or strikes that would threaten the country's defense
    and safety or the life and health of its workers. According to the
    FNPR, the legal preparation for a strike takes at least 40 days.
        As of November the State Statistics Service had not registered any
    strikes. Independent commentators, on the other hand, noted a
    significant number of protest actions. The Center for Social and Labor
    Rights (Moscow) registered 102 protests in the first half of the year,
    which included 44 protest actions that involved the complete or partial
    cessation of work. The majority of labor disputes occurred in the
    manufacturing sector, particularly in machine-building enterprises. In
    2009 the primary causes of labor disputes were wage arrears (more than
    50 percent), layoffs (21 percent), and company reorganization or
    closure (18 percent).
        The law prohibits reprisals against strikers; however, employers
    frequently engaged in reprisals, including threats of night shifts,
    denial of benefits, blacklisting, and termination. Courts may
    confiscate union property to cover employers' losses in the event that
    a declared strike continued after it was ruled illegal. Solidarity
    strikes and strikes on issues related to state policies also are
    prohibited. The courts have upheld most employers' requests to declare
    a strike illegal.
        In June 2009 approximately 700 employees of the Bogdanovich
    Porcelain Factory in Sverdlovsk Oblast participated in a spontaneous
    demonstration in protest of the termination of plant operations
    resulting from a cutoff of gas supplies. The two leaders of the
    factory's trade union, who were elected after the demonstration,
    initiated a counterclaim in the Bogdanovich District Court to combat
    administrative cases that had been filed against them for the ``illegal
    initiation of a strike.'' Although the demonstration did not disrupt
    public order, regional law enforcement forces were brought in just in
    case. The 99,000 ruble ($3,200) cost of the militia forces was billed
    to the trade union leaders. The case was not resolved by year's end.

        b. The Right to Organize and Bargain Collectively.--The law
    provides for collective bargaining but favors larger, established
    unions over newer, smaller unions or professional ``craft'' unions.
    Employers were slow to recognize newly formed unions. In addition, they
    often accepted union requests for collective bargaining reluctantly and
    failed to provide union representatives with financial reports. In 2009
    the FNPR reported that 87 percent of its enterprises had collective
    bargaining agreements. Some companies tried to use the excuse of
    financial difficulties to avoid concluding new agreements or
    disregarded the existing ones in violation of labor legislation norms.
        The law prohibits antiunion discrimination, but management
    continued to harass union leaders and employees at the local level.
    State agencies with responsibility for overseeing the observance of
    labor legislation frequently failed to fulfill their responsibilities.
    Although unions were occasionally successful in courts, in most cases
    the management of companies that engaged in antiunion activities was
    not penalized.
        On June 15, workers at St. Petersburg Faurecia, a French producer
    of plastic parts for Ford, Renault, Volkswagen, and other auto
    manufacturers, formed a union. On the morning of June 18, they notified
    the management that the union had been established; by the evening of
    the same day, the union leader, Alexei Lyaushko, was fired. The local
    union filed a court case for Lyaushko's reinstatement.
        Union members at the Progress aircraft plant in Arsenyev complained
    to the plant's administration that salary levels had not been reviewed
    in three years. Wages at the plant were lower than the regional average
    and approximately half that of workers in similar companies. When
    negotiations with the administration were unsuccessful, the union
    appealed to the Arsenyev City Court, which denied the trade union's
    appeal in February. The Primorskiy Kray Court, however, ruled in July
    that the union was justified in its demand for higher wages in
    accordance with labor code salary regulations. As a result, the plant's
    administration had to increase wages according to the appropriate
    indexation level. According to the union, the raise had to be more than
    60 percent. On August 17, the union issued a statement, asserting that
    its members were ``under pressure and discrimination in wage payment,
    organized by the plant's administration.'' One worker stated that those
    who complained about wages no longer received bonus payments, as had
    been the case prior to the court case, and that the administration did
    not allow them to work overtime.
        There are no export processing zones.

        c. Prohibition of Forced or Compulsory Labor.--The law prohibits
    forced or compulsory labor; however, there were reports that such
    practices occurred. Men, women, and children from Russia are subjected
    to conditions of forced labor in Russia, including work in the
    construction industry, in textile shops, and in agriculture, according
    to the National Foundation for the Prevention of Cruelty to Children
    and UNICEF's Russia Office.
        For additional information, see the Department of State's annual
    Trafficking in Persons Report at http://www.state.gov/g/tip.
        Military personnel have been investigated in the past for the labor
    exploitation of military conscripts under their command. Men from the
    Far Eastern part of the country were subjected to conditions of debt
    bondage and forced labor, including in the agricultural and fishing
    sectors. Men, women, and children, including those from foreign
    countries, including Belarus, Kyrgyzstan, Tajikistan, Uzbekistan,
    Ukraine, and Moldova, were subjected to conditions of forced labor,
    including work in the construction industry, in textile shops, and in
    agriculture.
        According to different estimates from BBC News and the Vneshmarket
    Web site, between 1,500 and 21,000 men and women from North Korea were
    subjected to conditions of forced labor, specifically in the
    construction, agriculture, and logging sectors.
        The law prohibits forced or bonded labor by children; however, such
    practices reportedly occurred.

        d. Prohibition of Child Labor and Minimum Age for Employment.--
    There are laws to protect children from exploitation in the workplace,
    including laws against compulsory labor; however, authorities did not
    effectively implement laws and policies that would protect children,
    nor did the Government appear to consider child labor to be a problem.
    In urban areas the employment of children occurred primarily in the
    informal sector--retail services, selling goods on the street, washing
    cars, and making deliveries. In rural areas children worked in the
    agriculture sector.
        The law prohibits the employment of children under the age of 16 in
    most cases and regulates the working conditions of children under the
    age of 18, including prohibiting dangerous nighttime and overtime work.
    The law permits children, under certain conditions and with the
    approval of a parent or guardian, to work at the age of 14. Such work
    must not threaten the child's health or welfare.
        The Federal Labor and Employment Service (FLES) is responsible for
    inspecting enterprises and organizations to identify violations of
    labor and occupational health standards for minors. Local police only
    investigated in response to complaints. FLES reported 10,000 violations
    of child labor laws in 2008 (the latest statistics available), noting
    that the victims often received little pay and suffered from unsafe
    working conditions. FLES noted that most of the abuses it discovered
    occurred in the industrial, trade, and agricultural sectors. According
    to FLES, employers paid 1.5 million rubles ($49,600) in fines for
    violating child labor laws in 2008.

        e. Acceptable Conditions of Work.--The legal minimum wage was 4,330
    rubles ($143) per month. The minimum wage was not sufficient to provide
    a decent standard of living for a worker and family.
        According to official statistics (Federal Statistics Service), in
    the first three quarters of the year, 13.5 percent of the population
    (18.9 million persons) had incomes below the minimum subsistence level.
    This was a decrease from the first three quarters of 2009, when the
    figure was 14.0 percent of the population or 19.7 million people. The
    subsistence level set by the Government is 5,707 rubles ($195) a month.
        In March and April, employees of the Kushva Mechanical Shop Ltd.
    and Amur Machine Building Plant in Sverdlovsk Oblast filed criminal
    cases against their employers. Under pressure due to economic
    instability and significant wage arrears, the management of both
    enterprises had demanded that employees take out personal loans and
    lend the borrowed money to their employers ``for factory needs.''
    Threatened with dismissal, the employees had complied. To date, the
    borrowers (employers) have not paid the employees back. Challenged with
    increasing salary debts and growing bank interest, the employees
    appealed to the ombudsman and the general prosecutor of Sverdlovsk
    Oblast. The conflicts have proven difficult to resolve, however, due to
    scant factual evidence of employer pressure other than employees'
    testimony.
        In March construction workers on projects related to the 2014
    Olympic Games in Sochi began a hunger strike to protest unsanitary
    living conditions and months of unpaid wages. The back wages were paid
    within two weeks.
        In August a group of workers in Kirov conducted a hunger strike to
    protest poor living conditions in a workers' dormitory run by a tire
    factory.
        In November hundreds of autoworkers in Taganrog went on
    unregistered strike to protest two months of unpaid wages.
        The law provides for a standard workweek of 40 hours with at least
    one 24-hour rest period and requires premium pay for overtime or work
    on holidays. Information was insufficient to determine the extent to
    which employers observed these standards in practice.
        The law establishes minimum conditions for workplace safety and
    worker health. The FLES is responsible for enforcement. However, the
    Government did not allocate sufficient resources to enforce these
    standards effectively. In many cases factory workers did not have
    adequate protective equipment and clothing, enterprises stored
    hazardous materials in open areas, emergency exits were locked, and
    smoking was permitted near flammable substances. The FLES reported that
    occupational incidents caused more than 3,190 deaths, including those
    of 278 women and two minors in 2009, and that unsatisfactory working
    conditions directly or indirectly caused up to 40 percent of all
    diseases among workers. In 2008 the Health Ministry initiated a two-
    year program to improve working conditions and worker safety in an
    attempt to transition from a reactive policy to one of proactive
    management of hazards to workers' health.
        The law gives workers the right to remove themselves from hazardous
    or life-threatening work situations without jeopardizing their
    continued employment; however, the Government did not effectively
    enforce this right. Many companies employing workers in hazardous
    conditions awarded bonuses based on worker productivity, which could
    encourage workers to jeopardize their safety for higher salaries.
        In May two explosions caused by the accumulation of methane gas and
    a concealed underground fire at the Raspadskaya coal mine in Kemerovo
    Oblast claimed the lives of 68 miners and rescue workers. Poor
    compliance with safety regulations reportedly led to the explosions.
    Following the incident, government officials blamed Raspadskaya
    management for basing wages on output and offering productivity bonuses
    that encouraged the suppression of methane detection systems.
    Prosecutors initiated a criminal case against the mine's director on
    the grounds that he violated safety regulations.
        The law entitles foreigners working legally in the country to the
    same rights and protections as citizens. However, Human Rights Watch
    noted in a May 2009 report that many employers in the construction
    sector, in which migrant laborers often worked, did not enforce safety
    standards, nor did they provide migrant workers with mandatory
    insurance or medical treatment. For example, press reports during the
    year cited multiple claims by workers of poor housing and nutrition, as
    well as long, 13-hour workdays on construction sites associated with
    the 2012 Asia-Pacific Economic Cooperation Forum in Vladivostok.

                                   __________

                                   SAN MARINO

        The Republic of San Marino, with a population of approximately
    30,000, is a multiparty democracy. The popularly elected unicameral
    Great and General Council (parliament) selects two of its members to
    serve as captains regent (cochiefs of state). They preside over
    meetings of the Council and the Congress of State (cabinet), which has
    no more than 10 other members (secretaries of state) selected by the
    council. Parliamentary elections, last held in 2008, were considered
    free and fair. Security forces reported to civilian authorities.
        There were some reports of violence against women.
                            respect for human rights
    Section 1. Respect for the Integrity of the Person, Including Freedom
            From:

        a. Arbitrary or Unlawful Deprivation of Life.--There were no
    reports that the Government or its agents committed arbitrary or
    unlawful killings.

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

        c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
    Punishment.--The law prohibits such practices, and there were no
    reports that government officials employed them.

        Prison and Detention Center Conditions.--Prison and detention
    center conditions generally met international standards, and the
    Government permitted visits by independent human rights observers. The
    country does not have an ombudsman for detained persons.
        Prisoners and detainees have reasonable access to visitors and are
    permitted religious observance practices. During the year prisoners and
    detainees submitted no complaints concerning treatment or conditions to
    officials. The Government monitors prison conditions and there were no
    media reports criticizing prison authorities.

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

        Role of the Police and Security Apparatus.--Civilian authorities
    maintained effective control over the civil police, the Gendarmerie,
    and the National Guard, and the Government had effective mechanisms to
    investigate and punish abuse and corruption. There were no reports of
    impunity involving the security forces during the year.

        Arrest Procedures and Treatment While in Detention.--Suspects were
    apprehended openly with warrants based on sufficient evidence and
    issued by a duly authorized official. The law provides a detainee with
    the right to a prompt judicial determination of the legality of the
    detention, and the authorities generally respected this right in
    practice. There is a well-functioning bail system. Detainees are
    allowed prompt access to family members and to a lawyer of their
    choice; the state provides legal assistance to indigent persons.

        e. Denial of Fair Public Trial.--The law provides for an
    independent judiciary, and the Government generally respected judicial
    independence in practice.

        Trial Procedures.--The law provides for the right to a fair trial,
    and an independent judiciary generally enforced this right. Trials are
    public and are presided over by a single judge. There are no provisions
    for a jury trial. Defendants have the right to be present and to
    consult with an attorney even during preliminary investigations.
    Defendants can confront or question witnesses against them and present
    witnesses and evidence on their behalf. They have access to government-
    held evidence relevant to their cases. They enjoy a presumption of
    innocence and have the right to two levels of appeal.
        In case of legal actions against military personnel, a civil judge
    is temporarily given a military grade and assigned to an ad hoc
    military tribunal.

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

        Civil Judicial Procedures and Remedies.--Judges act independently
    and impartially on civil matters, and administrative as well as
    judicial remedies exist for alleged wrongs, including human rights
    violations.

        f. Arbitrary Interference With Privacy, Family, Home, or
    Correspondence.--The law prohibits such actions, and the Government
    generally respected these prohibitions in practice.
    Section 2. Respect for Civil Liberties, Including:

        a. Freedom of Speech and Press.--The law provides for freedom of
    speech and of the press, and the Government generally respected these
    rights in practice. An independent press, an effective judiciary, and a
    functioning democratic political system combined to ensure freedom of
    speech and of the press.

        Internet Freedom.--There were no government restrictions on access
    to the Internet or reports that the Government monitored e-mail or
    Internet chat rooms. Individuals and groups could engage in the
    peaceful expression of views via the Internet, including by e-mail. As
    of January the country had 17,000 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 law provides
    for these rights, and the Government generally respected them in
    practice.

        c. Freedom of Religion.--For a complete description of religious
    freedom, please see the 2010 International Religious Freedom Report at
    www.state.gov/g/drl/irf/rpt

        d. Freedom of Movement, Internally Displaced Persons, Protection of
    Refugees, and Stateless Persons.--The law provides for freedom of
    movement within the country, foreign travel, emigration, and
    repatriation, and the Government generally respected these rights in
    practice. The Government was committed to cooperating with the Office
    of the UN High Commissioner for Refugees and other humanitarian
    organizations in providing protection and assistance to refugees,
    asylum seekers, stateless persons, and other persons of concern.
        The law prohibits forced exile, and the Government did not employ
    it.

        Protection of Refugees.--While the law does not provide for the
    granting of asylum or refugee status in accordance with the 1951 UN
    Convention relating to the Status of Refugees and its 1967 protocol,
    the Government has a system for providing protection to refugees. In
    practice, the Government provided protection against the expulsion or
    return of refugees to countries where their lives or freedom would be
    threatened on account of their race, religion, nationality, membership
    in a particular social group, or political opinion. The Government may
    grant refugee status or asylum by an act of the cabinet. There were no
    requests for asylum during the year.
    Section 3. Respect for Political Rights: The Right of Citizens to
            Change Their Government
        The law provides citizens 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.--Parliamentary elections,
    held in 2008, were considered generally free and fair. The Pact for San
    Marino, a Center-Right coalition led by the Christian Democratic Party,
    won 35 of the 60 seats in the Great and General Council.
        Political parties could operate without restriction or outside
    interference.
        Nine women were elected to the Great and General Council in the
    November elections, and two women were in the 10-member Congress of
    State, including the head of government (secretary of state for foreign
    affairs.)
        There were no members of minorities in the Government.
    Section 4. Official Corruption and Government Transparency
        The law provides criminal penalties for official corruption.
    However, there were no reports of corruption by public officials during
    the year. Public officials are subject to financial disclosure
    requirements.
        The law provides for public access to government information, and
    the Government provided access for citizens and noncitizens through the
    Great and General Council's Web site.
        There were no known cases of corruption involving public officials.
    Section 5. Governmental Attitude Regarding International and
            Nongovernmental Investigation of Alleged Violations of Human
            Rights
        There were no domestic human rights organizations, although the
    Government did not restrict their formation. The Government declared
    itself open to investigations by international nongovernmental
    organizations (NGOs) of alleged human rights abuses; there were no
    known complaints or requests for investigations during the year.
    Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
        The law prohibits discrimination based on race, gender, disability,
    language, or social status, and the Government effectively enforced it.

        Women.--Rape, including spousal rape, is a criminal offense, and
    the Government effectively prosecuted persons accused of such crimes.
    The penalty for rape is two to six years' imprisonment. In the case of
    aggravating circumstances, the penalty is four to 10 years'
    imprisonment. There were no reports of rape during the year.
        The law prohibits violence against women, and the Government
    effectively enforced it. The penalty for spousal abuse is two to six
    years' imprisonment. In the case of aggravating circumstances, the
    penalty is four to 10 years' imprisonment. According to official
    sources, there were 24 pending cases of violence against women during
    the year.
        Sexual harassment is prohibited, and the Government effectively
    enforced the law. There were no reports of sexual harassment during the
    year.
        Women enjoy the same rights as men, including rights under family
    law, property law, and in the judicial system. There was no reported
    economic discrimination against women in pay, employment, or working
    conditions.
        Couples and individuals have the right to decide the number,
    spacing, and timing of their children and had the information and means
    to do so free from discrimination, coercion, and violence. Access to
    information on contraception and skilled attendance at delivery and in
    postpartum care were widely available. Women and men had equal access
    to diagnostic services and treatment for sexually transmitted
    infections.

        Children.--Violence against or abuse of children was uncommon.
    According to government sources, there were three pending cases of
    violence against minors.
        The minimum age of consent is 18 years, and the penalty for sexual
    acts with a minor is imprisonment from six months to three years. The
    penalty increases to two to six years if the act involves a child under
    14 years of age or a child under 18 with physical or mental
    disabilities. The law punishes not only child pornography performances,
    works, or material, but also anyone trading in or providing or in any
    way distributing child pornography material. The law punishes anyone
    distributing information aimed at enticing or sexually exploiting
    children under the age of 18. The penalty for this type of crime is
    imprisonment from two to six years, which is increased to four to 10
    years if the act involves sexual intercourse or if it has been
    committed to the detriment of a child under 14 years of age or a child
    under 18 with physical or mental disabilities.
        The country is a party to the 1980 Hague Convention on the Civil
    Aspects of International Child Abduction. For information on
    international parental child abduction, please see the Department of
    State's annual report on compliance at http://travel.state.gov/
    abduction/resources/congressreport/congressreport--4308.html.

        Trafficking in Persons.--In 2009 there were no confirmed reports
    that persons were trafficked to, from, or within San Marino.

        Persons With Disabilities.--The law prohibits discrimination
    against persons with disabilities in employment, education, access to
    health care, and in the provision of other state services, and the
    Government effectively enforced these provisions. There were no reports
    of societal discrimination against persons with disabilities. The
    Ministry for Territory has not fully implemented a law that mandates
    easier access to public buildings by persons with disabilities, and
    many buildings were inaccessible.

        Societal Abuses, Discrimination, and Acts of Violence Based on
    Sexual Orientation and Gender Identity.--There were no reports of
    discrimination based on sexual orientation.

        Other Societal Violence or Discrimination.--There were no reports
    of discrimination against persons with HIV/AIDS.
    Section 7. Worker Rights

        a. The Right of Association.--By law all workers (except those in
    the Gendarmerie and National Guard) are free to form and join
    independent unions of their choice, and workers exercised this right.
    The law sets the conditions to establish labor unions. Union members
    constituted an estimated 50 percent of the workforce, which numbered
    approximately 15,000 citizens plus 6,000 workers who resided in Italy.
    The law allows all civilian workers, including the civil police, the
    right to strike, and workers exercised this right. A ``conciliatory
    committee'' composed of representatives from labor, business, and
    government generally resolved complaints of antiunion discrimination
    amicably.

        b. The Right to Organize and Bargain Collectively.--The law
    prohibits antiunion discrimination and allows unions to conduct their
    activities without interference, and the Government protected this
    right in practice. Collective bargaining agreements have the force of
    law and are applicable to all workers, whether unionized or not.
    Negotiations were conducted freely, often in the presence of government
    officials by invitation from both unions and employer associations.
        There are no export processing zones.

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

        d. Prohibition of Child Labor and Minimum Age for Employment.--The
    Government effectively enforced laws and policies to protect children
    from exploitation in the workplace. The minimum age for employment is
    16, and the Ministry of Labor and Cooperation granted no exceptions.
    The law does not limit children between the ages of 16 and 18 from any
    type of legal work activity. According to the labor unions there are no
    specific provisions for minors. However, the labor unions are presently
    negotiating with the Government to increase the minimum age for
    employment to 18 years old. The Government devoted adequate resources
    and oversight to child labor policies, and the Ministry of Labor and
    Cooperation effectively enforced compliance with the law.

        e. Acceptable Conditions of Work.--The national minimum wage (i.e.,
    the lowest wage applicable to an 18-year-old worker) is 9.69 euros
    (approximately $12.98 per hour). According to NGOs, this amount did not
    provide a decent standard of living for a worker and family who did not
    own their own home. However, 90 percent of citizens owned their own
    homes, and wages generally were higher than the minimum provided by
    law.
        The law sets the workweek at 36 hours in the public sector and 37.5
    hours for industry and private businesses, with 24 consecutive hours of
    rest per week mandated for workers in both categories. The law requires
    a premium payment for overtime and allows a maximum of two hours of
    overtime per day. The Department of Labor conducted 3,223 inspections
    in 2007 (latest publicized data) of laws and industry contracts that
    prohibit excessive compulsory overtime.
        The Government set safety and health standards, and the judicial
    system effectively enforced these standards. Most workplaces complied
    with the standards. However, there were exceptions, especially in the
    construction industry, where some employers did not consistently abide
    by safety regulations, such as work hour limitations and use of
    personal safety devices. There was one serious on-the-job injury in
    August, resulting in the death of a worker on the premises of a company
    that offers cleaning services. Workers have the right to remove
    themselves from situations that endanger health or safety without
    jeopardy to their employment. However, according to press reports,
    enforcement was lacking in the informal sector, which employed a
    growing number of foreign workers.

                                   __________

                                     SERBIA

        The Republic of Serbia is a multiparty parliamentary democracy with
    approximately 7.5 million inhabitants. Boris Tadic was reelected
    president in February 2008. In May 2008 voters elected a new parliament
    in which some minority ethnic parties won seats. Observers considered
    both elections to be mostly in line with international standards.
    Security forces reported to civilian authorities.
        During the year the following human rights problems were reported:
    physical mistreatment of detainees by police; inefficient and lengthy
    trials; harassment of journalists, human rights advocates, and others
    critical of the Government; limitations on freedom of speech and
    religion; lack of durable solutions for large numbers of internally
    displaced persons (IDPs); corruption in legislative, executive, and
    judicial branches of government including police; government failure to
    apprehend the two remaining fugitive war crimes suspects under
    indictment of the International Criminal Tribunal for the former
    Yugoslavia (ICTY); societal violence against women and children;
    societal violence and discrimination against minorities, particularly
    Roma and the lesbian, gay, bisexual, transgender (LGBT) population; and
    trafficking in persons.
        One significant human rights achievement was marked at the October
    10 Pride Parade, when the Government affirmed the freedom of assembly
    of the LGBT community. Unlike previous years, the Government worked
    closely with planners to prepare for the event, and police successfully
    protected the marchers despite widespread violent protests by extremist
    groups.
                            respect for human rights
    Section 1. Respect for the Integrity of the Person, Including Freedom
            From:

        a. Arbitrary or Unlawful Deprivation of Life.--The Government or
    its agents did not commit any politically motivated killings; however,
    because the police did not maintain a centralized record of police
    shootings, it was unclear exactly how many fatalities occurred through
    police shootings.
        On May 26, Ivan Stojadinovic was acquitted of charges in connection
    with the 2008 death of Knjazevac municipal court president Dragisa
    Cvejic due to lack of evidence. Police suspected that Cvejic's killing
    was politically motivated, due to his work as a judge.
        No developments were reported in the investigation into the 2008
    death of Ranko Panic, who died after police allegedly beat him at a
    protest demonstration against the arrest and transfer of Radovan
    Karadzic to the ICTY. There were no reports that authorities completed
    disciplinary proceedings opened against six officers from Belgrade,
    Nis, and Novi Sad, including a senior commander, for exceeding their
    authority during the demonstration.
        There were no developments during the year in the 2008 request by
    the Special Prosecutor's Office for further investigation into the 1999
    killing of prominent independent journalist Slavko Curuvija, owner of
    the Dnevni Telegraf newspaper and Evropljanin magazine.
        The special war crimes chamber of the Belgrade District Court
    continued to try cases arising from crimes committed during the 1991-99
    conflicts in the former Yugoslavia and two cases from World War II.
        On September 12, the war crimes prosecutor indicted Toplica
    Miladinovic, Srecko Popovic, Slavisa Kastratovic, Boban Bogicevic,
    Zvonimir Cvetkovic, Radoslav Brnovic, Vidoje Koricanin, Veljko
    Koricanin, and Abdulah Sokic for killing 41 civilians during the 1999
    war in Kosovo. The nine were suspected of committing war crimes against
    ethnic Albanian civilians in the western Kosovo village of Cuska to
    drive them from their homes.
        In December the Council of Europe released a report written by
    human rights rapporteur Dick Marty which alleged that members of the
    Kosovo Liberation Army (KLA) organized the murder and subsequent organ
    trafficking of Serbian and Kosovo Albanian prisoners both during and
    after the conflict in Kosovo in 1999. The report called on Serbia,
    Kosovo, and Albania to cooperate closely with the EU Rule of Law
    Mission (EULEX) in support of the investigation, and the country's
    authorities pledged their cooperation with any investigation.
        In March 2009 the war crimes prosecutor filed a request for an
    investigation against five former members of the 37th Squad of the
    Special Police Unit on the suspicion that they committed war crimes
    against civilians and prisoners of war in Kosovo in 1999. Those named
    in the request included Zoran Nikolic, Dragan Milenkovic, Zoran
    Markovic, Nenad Stojkovic, as well as Radoslav Mitrovic, who was
    acquitted in the Suva Reka war crimes trial. War crimes spokesman Bruno
    Vekaric announced that information related to the case was gathered in
    the course of a police investigation and from a request filed in March
    2009 by the nongovernmental organization (NGO) Humanitarian Law Center
    (HLC) to bring charges against 15 members of the 37th Squad.
        On December 15, the trial chamber of the War Crimes Department of
    the Higher Court in Belgrade confirmed a previous judgment, sentencing
    Radojko Repanovic to 20 years in prison for his participation in the
    1999 killing of 48 ethnic Albanians in Suva Reka, Kosovo. The court had
    previously upheld sentences of Sladjan Cukaric to 20 years in prison,
    Miroslav Petkovic to 15 years, and Milorad Nisavic to 13 years. The
    principal defendant, former commander of the 37th Squad of the Special
    Police Unit, Radoslav Mitrovic, as well as Nenad Jovanovic, and Zoran
    Petkovic were acquitted. The war crimes prosecutor dismissed charges
    against the eighth defendant, Ramiz Papic.
        On June 16, the War Crimes Chamber of the Belgrade Appellate Court
    affirmed the convictions and sentences of three members of the
    Scorpions, a Serbian paramilitary unit. Dragan Medic, Dragan Borojevic,
    and Miodrag Solaja were found guilty of violating the rules of
    international law when they killed 14 ethnic Albanians, including seven
    minors, in the town of Podujevo in 1999. The verdict against a fourth
    defendant, Zelko Djukic, was reversed and the case returned to a lower
    court for a retrial.
        On November 29, the Appeals Court of the War Crimes Chamber
    overturned the acquittal of Sreten Popovic and Milos Stojanovic, two
    former members of the police unit accused of involvement in the
    disappearance and subsequent killing of three U.S. citizen brothers,
    Ylli, Mehmet, and Agron Bytyqi, in 1999. The court ordered that the two
    receive a new trial at a lower level.
        The trial of 17 members of the so-called Gnjilane group of the KLA
    that began in September 2009 continued in the War Crimes Chamber. In
    June 2009 the war crimes prosecutor filed an indictment charging them
    with crimes related to the deaths of at least 80 Serbs, Roma, and
    Albanians, as well as rape, in the region near Gnjilane, Kosovo, in
    1999.
        There were no developments in the December 2009 indictment against
    Dusko Kesar on charges that he participated in the killing of three
    Muslim civilians in Prijedor, Bosnia and Herzegovina, in 1994. The
    indictment stated that Kesar, as a member of a Republika Srpska
    Ministry of Internal Affairs reserve unit, killed Faruk Rizvic, Refik
    Rizvic, and Fadila Mahmuljin.
        The trial of Sasa Djilerdzica and Goran Savic for war crimes
    against civilians in Zvornik, Bosnia and Herzegovina, in 1992 was still
    underway at year's end.
        The trial of Branko Popovic, leader of the self-proclaimed
    ``interim government of the Serbian municipality of Zvornik,'' and
    Branko Grujic on charges including the 1992 imprisonment, inhumane
    treatment, and death of more than 700 persons, 270 of whom have been
    exhumed from mass graves in Crni Vrh and Grbavci, continued at year's
    end.
        On July 27, a court in London denied Serbia's request to extradite
    Ejup Ganic for war crimes related to a 1992 attack on Yugoslav People's
    Army forces in Dobrovoljacka Street in Sarajevo that led to the deaths
    of at least 18 persons. The allegations included war crimes against
    prisoners of war and the use of illegal means of warfare. The presiding
    judge found that the extradition request represented either
    ``incompetence by the country's prosecutors or a motive for prosecuting
    that is based upon politics, race, or religion.'' The Ministry of
    Internal Affairs maintained an arrest warrant for Ganic and the other
    18 persons suspected of the crime.
        The investigation announced in November 2009 regarding five
    individuals suspected of committing war crimes in Bosnia and
    Herzegovina in July 1992 continued with separate financial
    investigations. The charges alleged that the suspects imprisoned,
    mistreated, and killed at least 23 Romani civilians in Skocic, Malesic,
    Petkovci, and Drinjaca villages in the Zvornik municipality.
        On November 1, the War Crimes Department of the Higher Court in
    Belgrade sentenced Stanko Vujanovic to nine years in prison for
    committing war crimes against the civilian population in Vukovar,
    Croatia, in 1991. The prosecutor alleged that Vujanovic, as a member of
    the Vukovar Territorial Defense Unit, killed four persons and seriously
    injured another. On March 12, the war crimes chamber sentenced
    Vujanovic to 20 years' imprisonment in the separate Ovcara case (see
    below).
        On June 23, the war crimes chamber sentenced former member of the
    Vukovar Territorial Defense Unit, Damir Sireta, to the maximum prison
    term of 20 years for participation in the killing of more than 200
    Croatian prisoners of war at the Ovcara farm near Vukovar, Croatia, in
    1991. On September 20, the Appellate Court's War Crimes Chamber upheld
    the conviction but reduced the sentence to 15 years.
        On June 23, the Belgrade Higher Court's War Crimes Department
    sentenced Milorad Lazic and Nikola Konjevic to three years in prison
    and Mirko Marunic to two years on charges that they inhumanely treated
    Mirko Medunic, a Croatian police officer who had surrendered in Medak,
    Croatia, in 1991. A fourth defendant, Perico Djakovic, was acquitted of
    the charges.
        In April authorities issued an arrest warrant for U.S. citizen and
    alleged former Gestapo member Peter Egner who was accused of crimes,
    including genocide, related to the killing of 17,000 Serb civilians at
    the Staro Sajmiste concentration camp between 1941 and 1943. Egner
    subsequently died.
        There were no developments concerning the 2008 extradition request
    from Hungary of Sandor Kepiro for war crimes allegedly committed in
    Novi Sad in 1942.

        b. Disappearance.--There were no reports of politically motivated
    disappearances.
        In cooperation with neighboring countries, the International
    Commission on Missing Persons, and other international organizations,
    the Government continued to make modest progress in identifying missing
    persons from the Kosovo conflict.
        During the year the International Committee of the Red Cross (ICRC)
    chaired four meetings of the Working Group on Persons Unaccounted for
    in Connection with Events in Kosovo, which included government
    representatives from both Serbia and Kosovo. The total number of
    persons still unaccounted for from the Kosovo conflict stood at 1,822
    at year's end. During the year only 54 cases were closed. Of these, 52
    remains were identified and handed over to families in Kosovo and
    Serbia.
        According to the ICRC, families in Serbia claimed that almost 1,300
    relatives were still missing at year's end in Bosnia and Herzegovina,
    Croatia, and Kosovo stemming from regional conflicts.

        c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
    Punishment.--The constitution prohibits such practices; however, police
    at times beat detainees and harassed persons, usually during arrest or
    initial detention for petty crimes.
        On July 10, a plainclothes police officer beat Borko Burmazovic in
    a gambling parlor in Zemun. Burmazovic was hospitalized with nonlife-
    threatening injuries. No charges were filed in the incident, which was
    captured on security camera video; prosecutors stated they were
    awaiting the results of an internal control investigation.
        The 2008 case against Police Inspector Miljan Komnenovic, the
    subject of three brutality complaints filed by the Committees for Human
    Rights in Serbia, was discontinued without the issuance of an
    indictment.
        There were no developments in the investigation into the 2008
    incident in which unidentified plainclothes police officers in Brus
    allegedly beat three youths detained on suspicion of robbing a gas
    station.
        There were no developments in the 2008 case in which four Valjevo
    police officers allegedly beat and abused Goran Z., Aleksandar S., and
    Zarko Dj. at the Valjevo police station or in the 2008 case in which
    three police officers in Arandjelovac allegedly beat college student
    Nemanja Mijaljevic after he failed to obey a command to stop his
    vehicle at a checkpoint.
        The trial of Milan Zivanovic on charges of grave offenses against
    general safety and aggravated larceny in connection with the 2008
    attacks on foreign embassies was put on hold in November 2009 while a
    court expert determined whether Zivanovic was too intoxicated to be
    culpable. Zivanovic was released on bail.

        Prison and Detention Center Conditions.--Prison conditions varied
    greatly between facilities.
        Prison overcrowding remained a problem which the Government
    recognized. On March 26, Ombudsman Sasa Jankovic told parliament's
    Justice and Administration Committee that the country's prisons, which
    were built for a capacity of 7,000, held 12,000 inmates, with prisoners
    sleeping on the floor. On June 9, Deputy Ombudsman Milos Jankovic said
    prison living conditions were ``humiliating, and, as such, contain
    elements of torture.'' He recommended expanding prison capacities,
    improving health care, and enhancing prisons' cooperation with the
    social services with a view to prisoners' reintegration in society.
        Sanitation varied between and within facilities but was generally
    poor. Higher-security ``closed'' wards sometimes lacked natural light
    and proper ventilation. In one prison that lacked dining facilities,
    inmates ate in their cells, resulting in unsanitary conditions.
        In some prisons inmates continued to complain of dirty and inhumane
    conditions. The quality of food varied from poor to minimally
    acceptable, and health care was often inadequate.
        Women made up approximately 3 percent of the prison population, and
    juveniles made up 1 percent. While there was no evidence of mixing male
    and female populations, youth and adult populations lacked proper
    separation at the juvenile reformatory in Valjevo. There were no
    reports of different treatment for women or gender-based violence.
        In April a report by the Helsinki Committee for Human Rights in
    Serbia (HCS) which focused on a juvenile detention facility in Valjevo
    and a district prison in Leskovac found markedly different conditions
    in the prisons' food and kitchens. While the reformatory's kitchen was
    clean and followed health standards, the Leskovac kitchen was unclean
    and the staff did not prepare the food in a sanitary manner. The HCS
    report noted that food at the Leskovac prison was of low quality and
    insufficient quantity.
        Both prisons in the HCS report had sufficient medical personnel.
    The Leskovac facility had arrangements with local healthcare facilities
    when there was not around-the-clock care. However, the prisons were not
    adequately prepared to treat the large number of drug addicts in their
    populations. Supplies of medicines were sometimes insufficient.
    Prisoners in the reformatory also complained that they did not receive
    local anesthetic during dental care.
        There was no new evidence of abuse by prison guards, although
    statistics on injuries were not well kept. Guards were poorly trained
    in the proper handling of prisoners.
        Although the length of phone calls was sometime limited, prisoners
    had ample opportunity to contact their families. There was no evidence
    that government and prison authorities restricted NGO access to
    prisons. However, inmates in the Leskovac facility alleged that prison
    authorities censored letters sent to NGOs or legal authorities.
        Permission for religious observance varied among facilities. The
    Valjevo facility prepared special meals for Muslims and Orthodox
    Christians and allowed them to fast in accordance with their faiths.
    Deputy Ombudsman Milos Jankovic noted ``self-censorship'' among Muslim
    prisoners with regard to practicing their faith openly. Prisons
    sometimes segregated minorities, particularly Roma.
        The Government permitted the ICRC and local independent human
    rights monitors, including the HCS, to visit prisons and to speak with
    prisoners without the presence of a warden. The ombudsman has the right
    to visit prisoners and make recommendations concerning prison
    conditions. The authority of the ombudsman does not extend to the
    judiciary, and he cannot represent prisoners or detainees to consider
    alternate punishment.

        d. Arbitrary Arrest or Detention.--The constitution prohibits
    arbitrary arrest and detention, and the Government mostly observed
    these prohibitions.

        Role of the Police and Security Apparatus.--The country's
    approximately 43,000 police officers are under the authority of the
    Ministry of Internal Affairs. The police are divided into four main
    departments that supervise 27 regional secretariats (and a Coordination
    Department for Kosovo and Metohija) reporting to the national
    government. The effectiveness of the police force was uneven.
        While most police officers were Serbs, the force included Bosniaks
    (Slavic Muslims), ethnic Hungarians, ethnic Montenegrins, a small
    number of ethnic Albanians, and other minorities. The police force in
    southern Serbia was composed primarily of Serbs, although there were a
    small number of ethnic Albanian officers.
        There was a widespread belief that impunity was a problem among
    police. The police internal control unit has 21 investigators who
    examine complaints against the police, and many observers noted that
    the quality of police internal investigation seemed to be improving.
    From January through August, 307 criminal charges and 2,600
    administrative proceedings were brought against police, compared with
    only 262 and 103, respectively, brought during the five years from
    2003-08. The Government generally did not provide training to the
    police on corruption or human rights issues, but it facilitated
    training from various international actors.
        During the year there were reports that police failed to respond to
    societal attacks against minority groups (see section 6).

        Arrest and Detention.--Arrests were generally based on warrants,
    although police were authorized to make warrantless arrests in limited
    circumstances, including well founded suspicion of a serious crime. The
    law requires an investigating judge to approve any detention lasting
    longer than 48 hours, and authorities respected this requirement in
    practice. Bail was allowed but rarely used; detainees facing charges
    that carried possible sentences of less than five years were often
    released on personal recognizance.
        Articles 27, 29, and 33 of the constitution provide that police
    must inform arrested persons immediately of their rights, and
    authorities respected this requirement in practice.
        The law provides access for detainees to counsel, at government
    expense if necessary, and authorities often respected this right in
    practice. Family members were normally allowed to visit detainees.
    Suspects detained in connection with serious crimes can be held for up
    to six months without being charged. The law prohibits excessive delays
    by authorities in filing formal charges against suspects and in opening
    investigations; however, such delays occurred regularly. Due to
    administrative backlogs, authorities frequently held such persons for
    the full six-month period allowed before charging them.
        The law prohibits police use of force, threats, deception, and
    coercion to obtain evidence, and such evidence is not permissible in
    court; however, police sometimes used these means to obtain statements.
        The law limits the length of pretrial detention from indictment to
    the conclusion of a trial to two years for most cases, but allows
    detention for up to four years for crimes that carry up to the maximum
    penalty (40 years in prison). The law sets two years as the maximum
    detention permitted after an appellate court vacates the judgment of a
    trial court. Nonetheless, prolonged pretrial detention was a problem.
    Due to inefficient court procedures, some of which were required by
    law, cases often took extended periods to come to trial; once begun
    trials often took a long time to complete.

        e. Denial of Fair Public Trial.--The constitution provides for an
    independent judiciary; however, the courts remained susceptible to
    corruption and political influence. Observers believed that judicial
    reform, particularly the replacement of judges appointed during the
    Milosevic era, was essential to eliminate corruption. The country
    passed five reform laws in 2008, the most controversial of which came
    into effect during the year. The new laws effectively require every
    judge to be reselected, allowing the High Court Council (HCC) to
    reappoint the most effective judges. While most observers lauded the
    goals of the law, the process was widely criticized for lack of
    transparency.
        Judges and prosecutors, particularly those handling organized crime
    and war crimes, continued to receive death threats.
        War crimes prosecutor Vladimir Vukcevic and his associates in the
    Office of the War Crimes Prosecutor continued to receive death threats
    from within the country and abroad; on April 10, his office reported
    receiving 69 threats. Also in April, Justice Minister Snezana Malovic
    and Special Prosecutor for Organized Crime Miljko Radisavljevic
    received death threats believed to have come from associates of accused
    organized crime figure Darko Saric. The threats were made after the
    special organized crime prosecutor indicted Saric and his group on
    suspicion of cocaine smuggling.
        In August the press reported that Vladana Vukcevic-Jovanovic
    received death threats from soccer hooligans following her decision to
    sentence Partizan fan group leader Milos Radisavljevic to 16 months in
    prison for endangering the safety of B92 reporter Brankica Stankovic.
        There were no developments in the October 2009 report by Belgrade
    district court Judge Velimir Lazovic that an unidentified Belgrade
    lawyer had threatened that he would not be reelected as a judge if he
    ``was not careful.'' Lazovic was the presiding judge in the trial of
    Uros Misic, a soccer fan charged with attempted murder for an attack on
    a police officer during a 2007 match. In October 2009 the Office of the
    State Prosecutor announced that it would investigate the threat, which
    it equated to an attempt to obstruct justice.
        The courts were inefficient. Although the system of recordkeeping
    made it difficult to assess accurately case backlogs or court
    efficiency nationwide, cases could take years to be resolved.
        Causes of delay and backlog in the courts included an insufficient
    number of judges in the main courts, failure of postal workers to serve
    subpoenas and other court documents, failure of police to execute
    arrest warrants, failure of prisons to bring prisoners to court for
    scheduled hearings, issuing indictments or scheduling hearings without
    complete and thorough investigations, excessive continuances of court
    hearings, a lack of professional court administration, and failure to
    invest in professional personnel and modern infrastructure. In many
    cases, unwieldy procedures required by the law contributed to delays.
        Beginning in January, trials were further delayed by the
    implementation of judicial reform, during which the judicial system was
    restructured and judges were reselected. Courts spent January and
    February moving files, staff, and judges to new locations and
    introducing judges to new roles. In May inmates at a prison in Novi Sad
    led a daylong protest against lengthy court proceedings resulting from
    judicial reform.
        On January 1, the HCC took supervisory authority over almost all
    aspects of court operations based on the package of reform laws passed
    in 2008. In 2009 the HCC's only responsibility was the selection of all
    judges in the country's judiciary. Approximately one-third of sitting
    judges were not reappointed. After the HCC announced its selections in
    December 2009, a number of judges and the Judges' Association
    criticized the HCC for a lack of transparency, in particular regarding
    the selection criteria, and called for the HCC to provide a
    justification to those judges not chosen. Hundreds of the judges who
    were not appointed filed complaints with the Constitutional Court. On
    July 16, in response to these complaints, the Constitutional Court
    ordered the HCC to draft individualized responses to applicants who
    were not selected. In one case the Constitutional Court ordered the HCC
    to reconsider the application. In August the Judges' Association
    announced that several former judges would file complaints with the
    European Court of Human Rights (ECHR) because the Constitutional Court
    was unable to protect the rights of judges who were not reselected. On
    December 7, Justice Minister Snezana Malovic announced that every judge
    would be interviewed and each decision reexamined.

        Trial Procedures.--The constitution provides for the right to a
    fair trial. Trials are usually public, but they can be closed if the
    trial judge determines it is warranted for the protection of morale,
    public order, national security, the interest of a minor, or privacy of
    a participant. The testimony of a state-protected witness may also be
    grounds for closing a trial to the public. There are no juries. The law
    stipulates that defendants are presumed innocent, have the right to
    have an attorney represent them at public expense, and have the right
    to be present at their trials. Defendants have the right to access
    government evidence and to question witnesses. Both the defense and the
    prosecution have the right to appeal a verdict. The Government
    generally respected these rights in practice.
        The special war crimes chamber continued trying war crimes cases
    (see section 1.a.). According to the law, evidence gathered by special
    investigative techniques is admissible.

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

        Regional Human Rights Court Decisions.--During the year the ECHR
    found nine violations by the state of the European Convention on Human
    Rights. Most of the cases involved procedural delays and length of
    court proceedings. The majority of cases settled out of court also
    dealt with judicial delays. In 2009 the ECHR issued 16 judgments that
    found at least one violation of the convention by the state. The
    Government generally paid compensation ordered by ECHR decisions.

        Civil Judicial Procedures and Remedies.--The constitution
    establishes an independent and impartial judiciary in civil matters,
    and citizens can bring lawsuits seeking damages for or cessation of a
    human rights violation. Remedies usually involved monetary awards.

        f. Arbitrary Interference With Privacy, Family, Home, or
    Correspondence.--The constitution prohibits such actions; however, the
    Government interfered with privacy and correspondence. While the law
    requires the Ministry of Internal Affairs to obtain a court order
    before monitoring potential criminal activity and police to obtain a
    warrant before entering property except to save persons or possessions,
    police occasionally failed to respect these laws.
        On June 29, parliament adopted the Law on Electronic Communication.
    Under the new law, telecommunications operators are obliged to retain
    for one year data about the source and destination of a communication;
    beginning, duration, and end of a communication; type of communication;
    and terminal equipment identification and location of the customer's
    mobile terminal equipment. This retained data can be accessed by
    intelligence agencies without court permission. A court order is still
    required to access the contents of these communications. Both the
    ombudsman and the commissioner for information of public importance and
    personal data protection opposed the new law.
        Most observers believed authorities selectively monitored
    communications, eavesdropped on conversations, read mail and e-mail,
    and tapped telephones. Human rights leaders also believed that their
    communications were monitored.
    Section 2. Respect for Civil Liberties, Including:

        a. Freedom of Speech and The Press.--The constitution provides for
    freedom of speech and of the press; however, the constitution
    specifically allows restrictions on speech ``to protect rights and
    reputation of others, to uphold the authority and objectivity of the
    court, and to protect public health, morals of a democratic society,
    and national security of the Republic of Serbia.'' There were reports
    of government interference with freedom of speech and press, mostly at
    the municipal level. In most cases, individuals could criticize the
    Government publicly or privately without reprisal.
        Parliament approves the budget of the independent Republic
    Broadcast Agency (RBA), which has broad authority to revoke radio and
    television station licenses without the right of appeal. However, the
    RBA did not revoke any national broadcasting licenses during the year.
        Most print and broadcast media were independent and privately
    owned, although the state maintained extensive media resources, and the
    privatization of municipally owned media was not yet completed. Some
    newspapers did not make their ownership public, leading observers to
    question their independence. Radio-Television Serbia (RTS), a public
    media outlet funded by mandatory subscription, was a major presence,
    operating two television channels as well as Radio Belgrade. The RTS's
    coverage was usually objective, although the Government had
    considerable influence over the RTS and the public service Radio
    Television of Vojvodina. In addition many television stations relied on
    the state-owned agency Tanjug for news. The independent news agencies
    BETA and FONET complained that state financing gave Tanjug an unfair
    commercial advantage.
        Binding RBA instructions required the RTS to broadcast
    parliamentary sessions live, despite the RTS's complaints that it
    suffered financial and advertising losses as a result. The RTS managing
    board stated that the order directly interfered with its editorial
    policy. Parliament occasionally cancelled or postponed its sessions
    when the RTS was not able to broadcast them due to conflicting
    contractual commitments. In 2008 the mission of the Organization for
    Security and Cooperation in Europe (OSCE) to Serbia expressed concern
    that the RBA's decision was not in accordance with European standards
    of media freedom.
        Independent media organizations were generally active and expressed
    a wide range of views; however, some media organizations experienced
    threats or reprisals for publishing views critical of the Government.
        During the year some reporters and media organizations were victims
    of vandalism, intimidation, and physical attacks for coverage and
    portrayal of views unpopular with the Government and right-wing
    elements of society, such as the capture and extradition of war crimes
    fugitives.
        There were no developments in the case of Dejan M. from Pancevo,
    who was arrested and released in February 2009 for sending threatening
    e-mails to independent radio B92's Kaziprst show host Danica Vucenic,
    her family, and other employees of B92 and their families.
        The trial in Belgrade of Milan Savatric, Nikola Lazic, and Stefan
    Milicevic in connection with the July 2008 attack on B92 cameraman
    Bosko Brankovic continued at year's end.
        On August 5, Milos Radisavljevic, leader of one of the Partizan
    soccer team's fan clubs, was sentenced to 16 months in prison for
    threatening B92 journalist Branka (Brankica) Stankovic at a soccer game
    in December 2009. Stankovic, the host of B-92's investigative
    journalism program Insider, received anonymous threats in response to
    an expose examining the ties between violent hooligans and sports fans'
    clubs. The trial court in Belgrade dismissed charges against other
    soccer hooligans on April 22, but on August 4, the court of appeal
    overturned the decision and returned the case to the trial court for
    further proceedings.
        Police investigations and judicial processes involving assaults on
    journalists were often long and inefficient. One local assessment of
    the country's laws determined that, although the legal framework was
    mostly harmonized with international standards, local courts in
    practice often diverged from the ECHR in application of article 10 of
    the European Convention on Human Rights, which provides for freedom of
    expression.
        On July 24, Teofil Pancic, a journalist for the independent weekly
    Vreme and Radio Free Europe and an outspoken critic of extremist
    nationalism and sports hooliganism, was beaten with a metal bar on a
    crowded bus. Danilo Zuza and Milos Mladenovic, who are believed to be
    associated with extremist nationalist groups, were arrested and
    sentenced to three months incarceration. Prosecutors announced that
    they would appeal the sentence, as the legally proscribed penalty for
    the crime is six months to five years.
        Human rights activists charged that they were subjects of smear
    campaigns in the majority of media for expressing criticism of the
    Government or challenging the popular narrative about the country's
    role in the wars of the 1990s.

        Internet Freedom.--There were no government restrictions on access
    to the Internet, e-mail, or Internet chat rooms; however, as in
    previous years, there were some isolated reports that the Government
    monitored e-mail. Individuals and groups could engage in the peaceful
    expression of views via the Internet, including by e-mail. According to
    an Ispsos Strategic Marketing report in May, 51 percent of households
    had access to the Internet.
        On June 29, parliament adopted the Law on Electronic Communication,
    which obliges telecommunications operators to retain for one year data
    on the source and destination of communication for use by government
    agencies (see section 1.f.).

        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 freedoms of assembly and association, and the Government
    usually respected these rights in practice.
        In contrast to 2009, organizers from the LGBT community were
    permitted to hold a pride parade, which had extensive security
    protection from the Government.

        c. Freedom of Religion.--For a complete description of religious
    freedom, see the 2010 International Religious Freedom Report at
    www.state.gov/g/drl/irf/rpt.

        d. Freedom of Movement, Internally Displaced Persons, Protection of
    Refugees, and Stateless Persons.--The constitution provides for freedom
    of movement within the country, foreign travel, emigration, and
    repatriation, and the Government generally respected these rights in
    practice. The Government cooperated with the Office of the UN High
    Commissioner for Refugees (UNHCR) and other humanitarian organizations
    in providing protection and assistance to internally displaced persons,
    refugees, returning refugees, asylum seekers, stateless persons, and
    other persons of concern.
        The law prohibits forced exile, and the Government did not employ
    it.

        Internally Displaced Persons (IDPs).--According to official
    statistics of the Serbian Commissariat for Refugees (SCR), 210,146
    displaced persons from Kosovo resided in the country, mainly Serbs,
    Montenegrins, Roma, Ashkali (an Albanian-speaking ethnic group
    considered by outsiders as similar to Roma but self-identifying as a
    separate group with cultural distinctions from Roma), Gorani, and
    Bosniaks who left Kosovo as a result of the 1998-99 conflict. As of the
    end of August, according to the SCR, approximately 3,164 displaced
    persons from Kosovo remained in 41 official collective centers in
    Serbia. Those not in collective centers were generally settled in
    private accommodations. Many IDPs did not have access to government
    services due to a lack of identification documents, which could be
    difficult to acquire if adequate paperwork was not available when a
    child was born. The country's laws and policies generally protect IDPs
    in accordance with the UN Guiding Principles on Internal Displacement.
    Although the Government continued to close collective centers, many
    displaced persons remained in minimally habitable facilities originally
    constructed for temporary accommodation rather than for long-term
    occupancy.
        Without an official identification card from the Government,
    displaced individuals were not able to access services, but the
    Government did allow displaced persons access to assistance from NGOs
    and international organizations.
        The law requires all residents of the country to record changes of
    residency and to appear in person at the place of their prior
    registration to remove themselves from the registry. In order to meet
    this requirement, many IDPs were required to travel to former Kosovo
    civil registries that are currently scattered throughout Serbia to
    deregister. According to the UNHCR, some IDPs of Roma, Ashkali,
    Egyptian, and Gorani ethnicity were arbitrarily prevented from
    deregistering their Kosovo address and reregistering a new address in
    the country, despite meeting legal requirements. Without an authorized
    local address in the country, individuals were ineligible for health
    insurance, social welfare, and public schooling. NGOs provided legal
    assistance to displaced persons from Kosovo to register residency
    successfully.
        The Government continued to pay minimum wage salaries, including
    social and pension contributions, to displaced persons who were in the
    Kosovo government and state-owned enterprises before mid-1999 and who
    were not employed during the year. Displaced persons who found a job
    permanently lost eligibility for government assistance. The
    Government's investigation into the eligibility of displaced persons
    who were recipients of such payments continued at year's end. There
    were approximately 22,000 officially registered displaced Roma in the
    country. However, the UNHCR estimated that 40,000 to 45,000 displaced
    Roma, many of whom presumably lacked personal documents necessary to
    register their status, were living in the country. While some displaced
    Roma lived in government-supported collective centers, living
    conditions for Roma (both local and displaced) were generally extremely
    poor. Local municipalities often were reluctant to accommodate them. If
    Roma did stay, they often lived in unauthorized, isolated, informal
    settlements without electricity, water, sanitation, or other public
    services near major cities or towns.
        While government officials continued to make public statements that
    displaced persons from Kosovo should return to Kosovo, senior
    government officials also claimed that it was unsafe for many to do so.
    Many Roma believe they may be at risk if they return, claiming that
    Kosovo Albanians and the Government assumed that many Roma displaced
    from Kosovo were Serb collaborators during the Kosovo conflict.
    Approximately 600 individuals who had been living in displacement
    centers in the country returned to Kosovo during the year.

        Protection of Refugees.--The law provides for the granting of
    asylum or refugee status, and the Government established a system for
    providing protection to refugees. The country was a transit country for
    a mixed flow of migration toward Western Europe. The majority of
    registered asylum-seekers disappeared before an initial decision was
    made on their applications and sometimes before interviews were
    conducted.
        The Government in law and practice provided protection against the
    expulsion or return of refugees to countries where their lives or
    freedom would be threatened on account of their race, religion,
    nationality, membership in a particular social group, or political
    opinion.
        Asylum-seekers had freedom of movement in the country after
    establishing their identity and filing an application for asylum. They
    were eligible for public assistance, including accommodation and food,
    but they did not have the right to employment until recognized as
    refugees through the country's refugee status determination process.
        The SCR controlled the country's sole asylum center, which had
    capacity for approximately 80 persons. At the end of August, there were
    34 asylum-seekers in the asylum center.
        The SCR is also responsible for status determination and care of
    refugees from the former Federal Republic of Yugoslavia. During the
    year the SCR provided 680 construction kits and 495 income-generation
    grants to secure durable solutions for refugees and IDPs that were
    valued at 2.24 million euros ($3 million) and intended to provide 3,676
    refugee and IDP families in 139 municipalities with durable solutions
    for housing. According to official SCR statistics, 86,155 refugees from
    Croatia and Bosnia and Herzegovina resided in the country, while the
    Government estimated that approximately 200,000 to 400,000 former
    refugees were naturalized but not socially and economically integrated
    into the country. Approximately 900 refugees lived in collective
    centers throughout the country.
        The Government also provided temporary protection (refugee status
    on a prima facie basis) to individuals from former Yugoslav republics
    who may not qualify as refugees. The refugee status of individuals from
    the Socialist Federal Republic of Yugoslavia continued to be regulated
    under the 1992 Decree on Refugees.

        Stateless Persons.--The country's law states that citizenship is
    derived from one's parents. According to the local UNHCR office, 146
    stateless persons were granted permanent residence in the country
    during the year. The UNHCR also reported 16,700 actual stateless
    persons due to existing legislative gaps in the process of civil
    registration and lack of documentation. Lack of information,
    administrative fees, cumbersome and lengthy procedures, difficulty of
    obtaining documents, the lack of an official recognized residence, and
    sometimes the need to go to court to prove origin and identity
    prevented effective enjoyment of citizenship rights for these persons.
    These problems disproportionately affected the Romani, Ashkali, and
    Egyptian communities, particularly displaced persons from Kosovo,
    although they also affected others who were destitute and living in
    isolated areas.
    Section 3. Respect for Political Rights: The Right of Citizens to
            Change Their Government
        The constitution and law provide citizens with the right to change
    their government peacefully, and citizens exercised this right in
    practice through periodic, free, and fair elections based on universal
    suffrage.

        Elections and Political Participation.--The country held two rounds
    of presidential elections in January and February 2008 and
    parliamentary elections in May 2008, resulting in the creation of a
    pro-EU government. The OSCE and other election observers, including
    domestic organizations, judged these elections to have been mostly free
    and fair.
        Political parties mostly operated without restrictions or outside
    interference. However, in its final report on the 2008 parliamentary
    elections, the OSCE Limited Election Observation Mission noted that
    some aspects of the campaign went beyond the acceptable limits for a
    democratic society, in particular when death threats to senior
    officials were reported. The mission reported the display of a large
    number of posters in Belgrade that could be interpreted as advocating
    the assassination of top state officials.
        There were 56 women in the 250-seat parliament. The speaker and
    three of six parliamentary vice presidents were women. There were five
    women in the 27-member cabinet. The law on elections of members of
    parliament requires parties' election lists to include at least 30
    percent women, and political parties participating in the 2008
    elections observed this provision.
        The law exempts ethnically based parties from the 5 percent
    threshold required for a political party to enter parliament. Seven
    members of national minorities, including ethnic Hungarians, Bosniaks,
    and Albanians, were elected to parliament. Two members of ethnic
    minorities, both Bosniaks, were in the 27-member cabinet.
    Section 4. Official Corruption and Government Transparency
        The law provides criminal penalties for official corruption;
    however, the Government did not implement the law effectively, and
    officials sometimes engaged in corrupt practices with impunity. There
    was a widespread public perception of government corruption at all
    levels. According to World Bank governance indices and surveys by the
    UN Development Program, corruption was a problem in 2009.
        The private sector considered corruption in the commercial courts
    to be widespread. Land transfers often were difficult to conclude,
    leading many in the private sector to allege administrative corruption.
    It was unclear, however, to what extent these problems were due to
    corruption rather than bureaucratic inefficiency.
        On January 10, the Anticorruption Agency began operating. The
    agency is an independent state body that reports to the parliament and
    is responsible for implementing the national anticorruption strategy
    and overseeing issues related to conflict of interest and financial
    disclosure. The agency replaced the Republic Board for Resolving
    Conflicts of Interest and has no independent enforcement capacity. On
    June 11, the agency published asset declarations of 700 government
    officials; however, due to the low figures that many leading
    politicians reported, there was widespread public doubt about the
    accuracy of the declarations.
        One provision of the Anticorruption Agency's mandate requires
    officials who hold multiple government positions to decide which one of
    these they would perform. After a prolonged debate, on July 28, the
    parliament passed amendments to the Anticorruption Law that allow
    officials to hold multiple, directly elected state functions for a two-
    year transition period. The Anticorruption Agency and the Council of
    Europe's Group of States against Corruption opposed the amendments.
        On June 1, prosecutors indicted former minister of defense Prvoslav
    Davinic for abuse of office in connection with his allegedly signing a
    contract worth 4.6 billion dinars ($55.9 million) in 2005, thereby
    exceeding his authority. On September 16, prosecutors indicted Davinic
    again for abuse of office for having given a ship worth 4.1 million
    dinars ($50,000) to the Regional Center for Underwater Demining in
    Montenegro. Davinic resigned as minister of defense in 2005 due to his
    implication in a scandal involving purchases of body armor.
        On June 29, police arrested four doctors, including Nenad
    Borojevic, the director of the Oncology and Radiology Institute in
    Belgrade, and three representatives of foreign pharmaceutical companies
    in connection with a bribery scandal. The four doctors were accused of
    having received one million euros ($1.3 million) in bribes from the
    country's representatives of Roche, PharmaSwiss, and AstraZeneca in
    exchange for ordering the purchase of cytostatic cancer drugs from the
    companies. Press also reported that doctors overprescribed the drugs to
    increase the amount of drugs purchased. In November police arrested
    seven additional suspects as part of the same investigation. The new
    suspects included doctors in Sremska Kamenica, Kragujevac, Nis, and
    Belgrade, as well as two additional representatives of Merck
    Pharmaceuticals. The proceedings against all suspects were still in the
    investigative phase at the end of the year.
        There were reports of authorities' failing to act in response to
    detailed reports of suspected corruption. There were isolated reports
    of high-profile politically motivated investigations. During the year
    authorities made some arrests for corruption and continued the
    prosecution of high-profile cases from previous years.
        There were no reports of developments in the following corruption
    cases: the cases of the 19 persons attached to the army and arrested in
    February and March 2009 for giving and receiving bribes and committing
    fraud related to obtaining state-owned apartments and medical and
    social security benefits; the cases of the eight persons arrested in
    February 2009 in Belgrade, Valjevo, and Vrhpolje for corruption related
    to misappropriation of National Investment Plan funds; the case of the
    35 persons, including 18 police officers, arrested in March 2009 in
    Novi Pazar, Raska, and Kraljevo for giving and receiving bribes,
    smuggling oil, meat, alcoholic and nonalcoholic beverages, and other
    goods across the border between the country and Kosovo, and illegal
    possession of weapons and narcotics; the June 2009 case of Vesna
    Stevanovic, a Nis Municipal Department registrar, accused of accepting
    bribes in exchange for issuing expedited or false citizenship, birth,
    death, and marriage certificates; and the case of 13 police officers
    and six customs officers who were arrested in December 2009 on bribery
    and abuse of power charges.
        The trial of former Zrenjanin mayor Goran Knezevic and 21 other
    defendants that began in October 2009 on charges of criminal
    association, abuse of office, and accepting and offering bribes
    continued throughout the year.
        In June 2009 the Republic Board for Resolving Conflicts of Interest
    recommended that the deputy mayor of Belgrade, Milan Krkobabic, resign
    for failing to submit mandatory financial disclosure; at the end of the
    year, Krkobabic remained in his position.
        The Government has not fully implemented the access to information
    law and generally did not provide access in practice. The law provides
    for public access to information of ``legitimate public importance''
    (with many exceptions) and establishes an independent commissioner for
    information of public importance selected by parliament to handle
    appeals when government agencies reject requests for information.
        At the end of the year, the Commissioner for Information of Public
    Importance and Personal Data Protection began to receive public
    information reports from the 3,000 government offices and institutions
    that are required to file them annually. Of the 698 offices that
    submitted reports by the end of the year, 51 percent produced and
    posted Information Booklets on their Web sites, 56 percent organized
    training for employees on implementation of the Law on Free Access to
    Information of Public Importance, and 73 percent provided and
    maintained Web sites.
    Section 5. Governmental Attitude Regarding International and
            Nongovernmental Investigation of Alleged Violations of Human
            Rights
        A variety of independent domestic and international human rights
    groups generally operated without government restriction, investigating
    and publishing their findings on human rights cases. Government
    officials were generally cooperative and responsive to their views.
    However, these groups were sometimes subjects of criticism, harassment,
    and threats by nongovernmental actors for expressing views critical of
    the Government or contrary to nationalist views regarding Kosovo, the
    ICTY, and the wars of the 1990s. Prominent independent human rights
    groups included the HCS, the HLC, the Lawyers' Committee for Human
    Rights, the Fund for an Open Society, the Youth Initiative for Human
    Rights, and the Belgrade Center for Human Rights.
        There were no further developments, and none were expected, in the
    2008 incident in which two persons accosted and threatened HCS head
    Sonja Biserko.
        The Government cooperated with international governmental
    organizations and during the year hosted visits by OSCE High
    Commissioner on National Minorities Knut Vollebaek, a delegation of the
    OSCE ambassadors, ICTY Chief Prosecutor Serge Brammertz, and others.
        The Office of the National Ombudsman continued to operate without
    government or party interference. Ombudsman Sasa Jankovic reported that
    his office had more cases of human rights violations than it could
    follow, and governmental institutions followed his recommendations in
    approximately 70 percent of cases. The ombudsman issues an annual
    report on his activities and special reports on issues of concern.
    Vojvodina Province had its own ombudsman who operated independently
    during the year. According to the Ministry of Human and Minority
    Rights, 14 of the country's 169 municipalities had ombudsmen. The
    national ombudsman opened branch offices in two municipalities with
    majority Albanian populations.
        On July 28, parliament passed rules of procedure that established
    the Committee on Interethnic Relations and the Committee on Gender
    Equality. The Working Group for Children's Rights was transformed into
    a special working body, the Standing Committee for Children's Rights.
    Most observers believe the policy significance and value of the
    committees are limited.
        The Government continued to make progress on its cooperation with
    the ICTY. In December ICTY Chief Prosecutor Serge Brammertz stated in
    his semiannual report to the UN Security Council that the country has
    continued to respond adequately to the tribunal's requests for
    assistance and provided access to documents, archives, and witnesses.
    However, two ICTY suspects, Ratko Mladic and Goran Hadzic, remained at
    large, and the ICTY continued to insist on their arrest. Brammertz
    reported that decisive and intensified action by the operational
    services and political authorities was critical for obtaining the
    arrest of the two fugitives.
    Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
        The constitution prohibits discrimination based on race, gender,
    disability, language, or social status, and the Government made efforts
    to enforce these prohibitions effectively. However, discrimination
    against women and ethnic and sexual minorities, trafficking in persons,
    and violence against women and children were problems. On May 5,
    parliament elected the first commissioner for equality, Nevena
    Petrusic.

        Women.--Rape, including spousal rape, is punishable by up to 40
    years in prison. Advocates believed that only a small percentage of
    rape victims reported their attacks due to fear of reprisals from their
    attackers or humiliation in court. Few spousal rape victims filed
    complaints with authorities. Women's groups believed that sentences
    were often too lenient in practice. Out of 78 cases of rape tried
    during the year, 63 resulted in convictions.
        Violence against women was a problem. While high levels of domestic
    violence were generally understood to persist, there were no reliable
    statistics on the extent of the problem. Research by NGOs concluded
    that domestic violence was widespread; every second woman suffered from
    some form of psychological violence, and every third from physical
    abuse by a family member. In 92 percent of these cases, the perpetrator
    was the victim's husband or partner. The Autonomous Women's Center
    reported that on average 1,000 women per year turned to it for help.
    According to Women against Violence Network, 24 women (two of them
    minors) were killed in the first seven months of the year and, in
    almost 80 percent of the cases, the suspects were the victim's husband,
    partner, father, or son.
        Domestic violence is punishable by up to 10 years' imprisonment.
    The law provides women the right to obtain a restraining order against
    abusers. Such cases were difficult to prosecute due to the lack of
    witnesses and evidence, and the unwillingness of witnesses or victims
    to testify. The few official agencies dedicated to coping with family
    violence had inadequate resources. The NGO community played the primary
    role in combating violence against women. NGOs operated shelters for
    female victims of violence, and the Government continued to provide
    financial support to safe houses for victims of family violence
    throughout the country. The national broadcasting service RTS ran a
    media campaign to prevent domestic violence. Osvit, a Nis-based NGO,
    operated a Romani-language telephone hotline for female victims of
    domestic violence or abuse.
        Sexual harassment was a common problem. The law makes sexual
    harassment a crime punishable by up to six months imprisonment for a
    simple case and up to one year's imprisonment for abuse of a
    subordinate or dependent. Public awareness remained low, and few
    complaints were filed during the year.
        The Government recognized the basic right of couples and
    individuals to decide freely and responsibly the number, spacing, and
    timing of their children and to have the information and means to do so
    free from discrimination, coercion, and violence. Health clinics and
    local health NGOs were permitted to operate freely in disseminating
    information on family planning under the guidance of the Ministry of
    Health. There was a National Center for Family Planning, and local
    health centers frequently also had family planning centers. There are
    no restrictions on the right to access contraceptives. On April 6,
    Katarina Sedlecki, the head of the National Center for Family Planning,
    told the media that youths lacked adequate information on the
    importance of the use of contraceptives. The Government provided free
    childbirth services. Women used nurses and midwives for prenatal and
    postnatal care unless the mother or child suffered more serious health
    complications. According to 2008 UN estimates, the rate of maternal
    deaths in maternity wards in the country was eight per 100,000 live
    births. Men and women received equal access to diagnosis and treatment
    for sexually transmitted infections, including HIV.
        Women have the same legal rights as men, including under family
    law, property law, and in the judicial system. These rights were to a
    great degree enforced in practice. During the year the Government's
    Council for Gender Equality, the parliamentary Committee for Gender
    Equality, the Ministry of Labor and Social Policy's Directorate for
    Gender Equality, gender equality mechanisms and institutions in
    Vojvodina, local committees for gender equality, and the deputy
    ombudsman worked with NGOs to raise public awareness of gender equality
    problems. On August 26, the Government adopted an Action Plan for
    Implementation of the National Strategy for Improvement of Status of
    Women and Gender Equality 2010-15. The law on gender equality provides
    equal opportunities and treatment for men and women in employment and
    requires state bodies to provide that the less-represented gender
    occupy at least 30 percent of the positions in each organizational
    unit, including management. Research by the employment Web site found
    that women earned 8.5 percent less than men, but also noted sectors
    such as marketing, business administration, and accounting in which
    women earned more than men.
        Traditional views of gender roles, particularly in rural areas,
    resulted in discrimination against women. In remote rural areas,
    particularly among some minority communities, women could not
    effectively exercise their right to control property.
        The social status of women was generally considered inferior to
    that of men, and women were not well represented in the business world.
    Women over 50 years of age who lost their jobs due to the economic
    crisis had more difficulty finding work than men of a similar age, and
    more women than men became unemployed as a consequence of economic
    crisis. According to a survey by the Bureau of Statistics, the
    unemployment rate for women was 20.4 percent, as compared to 18.3
    percent for men. Thirty percent of managers and 20 percent of chief
    executive officers were women. Only 12 women sat on the administrative
    boards of companies. Maternity leave is provided by law; however, there
    were reports that private companies did not always meet legal
    obligations. NGOs reported that some childless women felt discriminated
    against during the hiring process because employers feared they would
    take maternity leave in the future.

        Children.--Citizenship is derived from one's parents. The law on
    birth records regulates universal birth registration, but according to
    the UN Children's Fund (UNICEF), 5 percent of Romani children were not
    registered at birth. Subsequent birth registration remains unregulated.
    Children who are not registered do not have access to public services
    such as health care.
        Education was free through secondary school but compulsory only
    through primary school. There was no difference in the treatment of
    girls and boys at the primary, secondary, and postsecondary levels;
    however, cultural norms and economic hardship discouraged some children
    from attending school.
        While the law provides that government clinics offer free medical
    care, including free medicines from a limited list of covered drugs,
    there were reports that corruption resulted in restricted access to
    medication for some. Romani children often faced difficulties in
    accessing health care.
        Child abuse was a problem. Children were often victims of family
    violence, and peer violence among children was on the rise. Girls were
    victims of sexual violence. According to available data, child abuse,
    including sexual violence, was also on the rise. Children in the
    country were exposed to verbal or physical abuse on a daily basis, and
    many children were exposed to alcohol, drugs, and violence.
        While teachers were instructed to report suspected child abuse
    cases, they often did not do so. Police usually responded to
    complaints, and authorities prosecuted child abuse cases during the
    year. In several court cases, defendants were found guilty of child
    abuse and sentenced to imprisonment. Psychological and legal assistance
    was available for victims. Children also were accommodated in safe
    houses for victims of family violence.
        Child marriage was a problem in some communities, particularly
    among Roma and in rural areas of southern and eastern Serbia. In the
    Romani community, boys and girls generally married between the ages of
    14 and 18, with 16 years old as the average age. Boys generally married
    a few years later than girls, and some girls married as early as 12
    years of age. Recent information indicated that the number of Romani
    child marriages was declining while the number of child marriages in
    the general population was growing. Child marriages occurred among
    individuals from all economic and social backgrounds.
        The minimum age for consensual sex is 14 years old. The criminal
    code sets penalties for statutory rape ranging from three to 12 years
    in prison. If the statutory rape is qualified as particularly severe,
    punishment ranges from five to 15 years' imprisonment. If the rape
    results in the victim's death, the perpetrator is sentenced to a
    minimum of 10 years in prison.
        The law prohibits child pornography. Using a child to produce
    pornographic materials or for a pornographic show is punishable by six
    months to five years in prison. Selling, showing, exhibiting, or
    otherwise making child pornography available publicly or electronically
    is punishable by up to two years' imprisonment.
        Children in orphanages and institutions were sometimes victims of
    physical and emotional abuse by caretakers and guardians and suffered
    sexual abuse by peers.
        The country is a party to the 1980 Hague Convention on the Civil
    Aspects of International Child Abduction. For information on
    international parental child abduction, please see the Department of
    State's annual report on compliance at http://travel.state.gov/
    abduction/resources/congressreport/congressreport--4308.html.

        Anti-Semitism.--While the law bans hate speech, translations of
    anti-Semitic literature were available from ultranationalist groups.
    Approximately 100 different anti-Semitic books were sold in bookshops.
    Right-wing youth groups and Internet forums continued to promote anti-
    Semitism and use hate speech against the Jewish community.
        Holocaust education continued to be a part of the school curriculum
    at the direction of the Ministry of Education, and the role of the
    collaborationist National Salvation government run by Milan Nedic
    during the Holocaust was also debated as part of the secondary school
    curriculum. There was a tendency among some commentators to minimize
    and reinterpret the role of national collaborators' movements during
    World War II and their contribution to the Holocaust in the country.

        Trafficking in Persons.--For information on trafficking in persons,
    please see the Department of State's annual Trafficking in Persons
    Report at www.state.gov/g/tip.

        Persons With Disabilities.--The constitution prohibits
    discrimination against persons with disabilities in employment,
    education, access to health care, and the provision of other state
    services. The Government generally enforced the law. However, lack of
    access to older public buildings and public transportation was a
    problem. The law mandates access for persons with disabilities to new
    public buildings, and the Government generally enforced this provision
    in practice.
        The law prohibits physical, emotional, and verbal abuse in all
    schools, and there were no reports of abuse in special education
    facilities.
        The Center for Independent Living (CIL), a disability rights NGO,
    reported that most persons with disabilities lived isolated from their
    communities and that facilities for their education and care were
    nonexistent or inadequate.
        Unemployment remained a serious problem for persons with
    disabilities; in April it was reported to be 87 percent. A lack of
    workplace accommodations combined with overall high unemployment made
    it difficult for persons with disabilities to obtain work. While there
    were no reports of overt discrimination against persons with mental or
    physical disabilities, the CIL reported that it was difficult to detect
    discrimination because employers usually gave other reasons for not
    hiring persons with disabilities.
        On May 23, the Law on Employment of Persons with Disabilities went
    into effect, requiring companies with more than 20 employees to hire
    persons with disabilities.
        The Ministries of Labor and Social Policy, Education, and Health
    all had sections with responsibilities to protect persons with
    disabilities. The Ministry of Labor and Social Policy had a broad
    mandate to conduct liaison with NGOs, distribute social assistance, and
    monitor laws to provide that the rights of disabilities were protected
    in new legislation. The Ministries of Health and Education offered
    assistance and protection in their respective spheres.

        National/Racial/Ethnic Minorities.--A report on the country by the
    European Commission against Racism and Intolerance in 2008 noted the
    existence of a climate of hostility toward national and ethnic
    minorities, who constituted 25 to 30 percent of the country's
    population and included ethnic Hungarians, Bosniaks, Roma, Slovaks,
    Romanians, Vlachs, Bulgarians, Croats, Albanians, and others. Sixty-
    eight out of 169 municipalities in Serbia are multiethnic.
        Roma, who constituted 1.4 percent of the population in the 2002
    census but whose actual number was estimated at 5.4 percent according
    to the Ministry of Human and Minority Rights, continued to be the most
    vulnerable minority community. Roma were the targets of verbal and
    physical harassment from ordinary citizens, police violence, and
    societal discrimination.
        On October 7, the city of Belgrade evicted 36 Roma from an informal
    settlement on Vojvodjanska Street to clear land for construction.
    According to NGO reports, the Government did not provide alternative
    accommodation or legal assistance.
        During the year there were reports of violence against members of
    minority groups. In January in Temerin in Vojvodina, there were two
    separate attacks on two Hungarians, who were beaten after they told
    assailants they were Hungarians. Police identified assailants in the
    first incident.
        On June 11, following the killing of a Serbian teenager by a Romani
    resident, violent protests against Roma broke out in the Jabuka village
    in Vojvodina. For several days, Serbs from the village demonstrated in
    front of Romani homes, throwing rocks and chanting anti-Romani slogans.
    The gendarmerie only reacted to protect Roma after four days of
    protest. Police arrested six individuals for incitement of racial and
    national hatred and intolerance. Five were being tried at the end of
    the year.
        There were also numerous reports of vandalism and graffiti against
    minorities. For example, on April 16, unknown assailants in Backi
    Monostor in Vojvodina sprayed the Democratic Association of Croats in
    Vojvodina with chauvinistic anti-Croatian graffiti.
        There were no developments and none were expected in the March 2009
    incidents in which unidentified individuals speaking Serbian attacked
    Eliot Balog, a Hungarian, in Sombor and approximately 15 youths
    attacked Congor Ka, also a Hungarian, in Temerin.
        The investigation continued into an April 2009 series of attacks on
    Roma in the town of Cacak.
        There were no further developments, and none were expected, in the
    2009 cases of League of Social Democrats of Vojvodina leader Nenad
    Canak and his deputy, Bojan Kostres, who received threatening letters
    from an unidentified source warning them to withdraw from politics
    within a month or be killed. The party reported the threats to the
    police and demanded a thorough investigation.
        In September 2009 the state prosecutor, Slobodan Radovanovic,
    submitted a request to the Constitutional Court to prohibit the right-
    wing group Obraz and the nationalist movement ``1389'' from actions
    that were intended to undermine the constitutional order violently,
    violate human and minority rights, and incite racial, ethnic, or
    religious hatred. The case was pending at year's end.
        Many Roma continued to live illegally in squatter settlements
    lacking basic services such as schools, medical care, water, and sewage
    facilities. According to UNICEF, Romani children were one-third as
    likely to live to their first birthday as other children. While the
    educational system provided nine years of free, mandatory schooling,
    including a year before elementary school, ethnic prejudice, cultural
    norms, and economic hardship discouraged some Romani children from
    attending school. In August the Ministry of Education hired Romani
    teaching assistants for 26 schools across the country.
        Ethnic Albanian leaders in the southern municipalities of Presevo,
    Bujanovac, and Medvedja continued to complain that ethnic Albanians
    were underrepresented in state institutions at the local level.
        The Government took some steps to counter violence and
    discrimination against minorities. It operated a hotline for minorities
    and others concerned about human rights problems. Civic education
    classes offered by the Government as an alternative to religion courses
    in secondary schools included information on minority cultures and
    multiethnic tolerance. The law allows official use of the native
    language and alphabet of any national minority that constitutes 15
    percent of the population in a given area, but representatives of the
    Albanian and Czech communities complained that the software used to
    produce identity documents would not accept characters not contained in
    the Serbian alphabet.
        On June 6, elections for National Minority Councils (NMC) were
    held. Nineteen minority communities voted in direct elections. Three
    minority communities chose their NMC representatives through indirect
    elections. Following several unsuccessful attempts to form the Bosniak
    minority council, on December 8, Minister for Human and Minority Rights
    Svetozar Ciplic announced that new elections for that council would be
    held in early 2011.The NMCs have broad competencies over education,
    mass media, culture, and the use of minority languages.

        Societal Abuses, Discrimination, and Acts of Violence Based on
    Sexual Orientation and Gender Identity.--Violence and discrimination
    against members of the LGBT community were serious problems. While
    attacks happened frequently, few were reported publicly because victims
    feared further harassment.
        On August 12, police arrested Christian Zivanovic for stabbing and
    robbing two German citizens, Dominic Miller and a minor. Zivanovic told
    police he attacked them because they were ``acting like members of the
    gay population.''
        During the October 10 Pride Parade in Belgrade, approximately 6,000
    rioters (mostly soccer hooligans and nationalist extremists) attempted
    to attack and disrupt the parade, injuring 147 police and inflicting
    approximately $1.4 million in property damage. When police prevented
    them from reaching the parade, they attacked several buildings,
    including foreign embassies and political party headquarters.
        Societal perceptions of homosexual conduct and attitudes towards
    the LGBT population continued to be negative. According to a survey
    done in March by the Center for Free Elections and Democracy and the
    Gay Straight Alliance (GSA), 56 percent of the population believed
    homosexuality posed a threat to society, 67 percent believed it to be a
    disease, 20 percent supported or justified violence against LGBT
    persons, and 5 percent were ready to use violence to combat
    homosexuality. Several neo-Nazi Web sites, nationalist Web forums, and
    Facebook pages based in the country hosted anti-LGBT forums and groups.
        Members of the LGBT community continued to be targets of attacks.
    LGBT organizations reported that many violent attacks against the LGBT
    community were not reported to police because the victims did not
    believe their case would be addressed properly and wanted to avoid
    further victimization from the police or publicity generated by their
    complaint.
        In March 2009 a group of approximately five masked individuals
    broke windows and attempted to enter the Student Cultural Center in
    Kragujevac during a press conference held by the GSA to present its
    annual report on gay rights in the country. The GSA alleged that the
    attackers had been emboldened by the Government's decision to withdraw
    a draft law against discrimination from parliamentary procedure in
    response to pressure from the Serbian Orthodox Church and right-wing
    groups. On March 14, police arrested three individuals in connection
    with the incident, but there was no additional information available at
    year's end.
        In May 2009 the district prosecutor in Belgrade declined to file
    criminal charges in connection with the 2008 attack by a group of
    approximately 20 youths wearing surgical masks and hoods on
    participants in a gay rights festival in Belgrade. In July the NGO
    Labris initiated a civil suit on behalf of one of the victims; the case
    was pending at year's end.
        Although the broadcasting law prohibits discrimination on the
    grounds of sexual orientation, some media carried slurs against LGBT
    persons. The tabloid press continued to publish articles with hate
    speech against the LGBT population and interviews with homophobic
    right-wing groups.

        Other Societal Violence or Discrimination.--There are 2,440 persons
    registered as infected with the HIV virus. NGOs reported acts of
    discrimination against persons with HIV/AIDS, including job loss and
    harassment by neighbors. NGOs and some health workers also reported
    that some medical workers discriminated against persons with HIV/AIDS.
    Section 7. Worker Rights

        a. The Right of Association.--The constitution provides for the
    right of workers to join or form unions of their choosing. This right
    is subject to restrictions, including approval by the Ministry of Labor
    and Social Policy and a statement from the employer that the union
    leader is a full-time employee, which reportedly was tantamount to a
    requirement of employer approval. The state-affiliated Confederation of
    Autonomous Trade Unions of Serbia (CATUS), a federation of unions
    formed during the country's socialist period and supported by the
    Milosevic regime, outnumbered independent labor unions in the public
    sector. However, independent trade unions were able to organize and
    address management in state-owned companies on behalf of their members.
    In the state-owned sector, 55 to 60 percent of workers were unionized,
    while in the private sector, 13 to 15 percent were unionized. In newly
    privatized companies, up to 35 percent of workers belonged to unions.
        The constitution and law allow unions to conduct their activities
    without interference, and the Government protected this right in
    practice.
        The constitution provides for the right to strike except by persons
    delivering essential services, such as public utilities, radio and
    television broadcasting, food production, healthcare, education, social
    services, military and intelligence services, work in the chemical,
    steel, and metals industries, and the postal service. Employees in
    essential services constituted more than 50 percent of the workforce
    and had to announce planned strikes at least 10 days in advance and to
    ensure that a ``minimum level of work'' was provided. Workers
    frequently exercised the right to strike, especially in the first part
    of the year. According to some estimates, a total of 40,000 to 50,000
    workers throughout the country were on strike at some point during the
    year.

        b. The Right to Organize and Bargain Collectively.--The
    constitution guarantees the right to work, to unionize, and to strike,
    and the labor law protects the right to bargain collectively. This law
    was effectively enforced and collective bargaining was freely
    practiced. The law requires collective bargaining agreements for any
    company with more than 10 employees. However, in order to negotiate
    with a private employer, a union must represent 15 percent of company
    employees. In order to negotiate with the Government, a union must
    represent 10 percent of all workforce employees. Collective bargaining
    agreements covered approximately 40 percent of employed workers.
        The law prohibits discrimination on the basis of trade union
    membership but does not expressly prohibit discrimination for trade
    union activities and establishes no specific sanctions for antiunion
    harassment. During the year the independent trade union Nezavisnost
    continued to allege discrimination against trade unions and violations
    of workers' rights. There were no updates in the 2008 trade union
    discrimination case that Nezavisnost initiated at the Trayal Tire
    Factory in Krusevac, when the management of the company and CATUS
    refused to recognize that Nezavisnost represented a portion of the
    workforce and excluded it from collective bargaining negotiations.
    Nezavisnost alleged that similar situations existed in all large state-
    owned companies where CATUS had special ties with politically appointed
    management teams, citing as an example the state power company EPS,
    where Nezavisnost had not been able to establish a presence, despite
    repeated efforts since 2004.
        According to the NGOs Felicitas and Center for Democracy, the most
    common worker's rights violations were work performed without an
    employment contract; nonpayment of salary, overtime, and benefits;
    employers' withholding maternity leave allowances; discrimination based
    on sex and age; discrimination against persons with disabilities;
    unsafe working conditions; and general harassment. Workers fired for
    union activity have a legal right to reinstatement. According to
    Nezavisnost, with the help of the Ministry of Labor and Social Policy's
    Labor Inspectorate, the trade union continued to gain reinstatement of
    several of its members who had been previously fired for union
    activities.
        There are no special laws or exemptions from regular labor laws in
    the country's three export-processing zones.

        c. Prohibition of Forced or Compulsory Labor.--The constitution
    prohibits forced and compulsory labor, including by children; however,
    children, primarily from the Romani community, were forced to beg and
    commit petty theft. Also see the Department of State's Trafficking in
    Persons Report at.www.state.gov/g/tip.
        Children were forced, often by their families, to beg and commit
    petty crime. Many of these children lived in substandard housing
    conditions without access to education. The law penalizes with prison
    terms of three months to five years parents or guardians who force a
    minor to engage in begging, excessive labor, or labor incompatible with
    his or her age. The Family Care and Social Welfare Department within
    the Ministry of Labor and Social Policy also addressed the social
    problems in the Romani community that led to forced labor.

        d. Prohibition of Child Labor and Minimum Age for Employment.--The
    Government effectively enforced laws protecting children from
    exploitation in the workforce in industries but did not have authority
    to check informal workplaces or individual households. In urban areas,
    children, primarily Roma, worked in the informal sector as street
    vendors and car washers. In villages and farming communities, underage
    children commonly worked in family businesses. In Romani communities,
    families sometimes forced their children into manual labor or begging.
        For information on trafficking in persons, including persons
    trafficked for forced labor and slavery, also see the Department of
    State's annual Trafficking in Persons Report at www.state.gov/g/tip.
        The minimum age for employment is 15 years old, and youths under 18
    years old require written parental or guardian permission for
    employment. The labor law stipulates very specific working conditions
    for youths and limits their workweek to 35 hours. Penalties include
    fines of up to 780,000 dinars (approximately $9,534).
        According to the Ministry of Labor and Social Policy's Labor
    Inspectorate, which is responsible for enforcing the child labor laws,
    during the year inspectors did not register any violations involving
    employment of youths under the age of 18 without parental permission.

        e. Acceptable Conditions of Work.--The minimum wage for the period
    between January and June was set at 15,840 dinars (approximately $194)
    per month. The minimum wage did not provide a decent standard of living
    for a worker and family. In companies with a trade union presence, the
    union generally monitored effective enforcement of the minimum wage.
    This was not the case in smaller private companies where employers were
    either unwilling or unable to pay minimum wages and mandatory social
    benefits. These companies often employed unregistered workers, that is,
    workers ``off the books,'' for whom the employer did not pay social and
    pension contributions and to whom the employer paid a cash salary
    directly without recording the transaction. Most unregistered workers
    did not report labor violations because they feared losing their jobs.
    The Labor Inspectorate is responsible for enforcing the minimum wage.
        The average monthly net salary in November was approximately
    34,591dinars (approximately $422).
        Unlike in previous years, wage arrears were no longer reported to
    be substantial and widespread.
        The standard workweek of 40 hours prescribed by the labor law was
    generally observed in state-owned enterprises but not in private
    companies. The law provides that an employee may not work overtime for
    more than four hours a day or for more than 240 hours in a calendar
    year. For an eight-hour workday, one 30-minute break is required. At
    least 12 hours of break are required between shifts during a workweek,
    and at least 24 hours of break are required over a weekend.
        Collective agreements were the primary means of providing premium
    pay for overtime. However, the labor law requires that the premium for
    overtime work be at least 26 percent of the salary base, as defined by
    the relevant collective bargaining agreement. Trade unions within a
    company are the primary agents for enforcing overtime pay; however, the
    labor inspectorate also has enforcement responsibilities. The
    inspectorate did not always enforce labor regulations.
        The law requires companies to establish a safety and security unit
    to monitor observance of safety and security regulations; however, in
    practice these units often focused on rudimentary aspects of safety,
    such as purchasing soaps and detergents, rather than on providing
    safety equipment for workers. Workers did not have the right to remove
    themselves from situations that endangered their health or safety
    without jeopardy to their employment. The Labor Inspectorate was
    responsible for worker safety and health, and it increased inspections
    and preventative measures during the year.

                                   __________

                                    SLOVAKIA

        The Slovak Republic, with a population of approximately 5.4
    million, is a multiparty parliamentary democracy led by a prime
    minister and a 150-member Narodna Rada (National Council). Voters
    elected the head of government, Prime Minister Iveta Radicova of the
    Slovak Democratic and Christian Union, to a four-year term in 2010.
    President Ivan Gasparovic, the head of state, was reelected for a five-
    year term in 2009. Both elections were considered free and fair. Six
    political parties, four of which form the governing coalition,
    participate in the National Council. Security forces reported to
    civilian authorities.
        Notable human rights problems included some continuing reports of
    police mistreatment of Romani suspects and lengthy pretrial detention;
    concerns about the integrity of the judiciary, corruption in national
    government, local government, and government health services; violence
    against women and children; trafficking in women and children; and
    societal discrimination and violence against Roma.
                            respect for human rights
    Section 1. Respect for the Integrity of the Person, Including Freedom
            From:

        a. Arbitrary or Unlawful Deprivation of Life.--There were no
    reports that the Government or its agents committed arbitrary or
    unlawful killings.

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

        c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
    Punishment.--The constitution and the law prohibit torture and other
    cruel, inhuman, and degrading treatment or punishment, and the
    Government generally respected these provisions in practice.
        Nongovernmental organizations (NGOs) and members of the Romani
    community cited a continuing trend of mistreatment of Romani suspects
    by police officers during arrests and while in custody. The Council of
    Europe's Committee for the Prevention of Torture (CPT) conducted a
    monitoring visit in 2009. The CPT noted that the situation in the
    country had improved from that observed on previous visits, despite
    recurring complaints from detainees about excessive force. The CPT also
    urged the Government to investigate all allegations of involuntary
    sterilization of Romani women promptly and thoroughly, and educate
    doctors about their criminal liability for performing sterilization
    without consent.
        According to reports by NGOs, in July police officers in Senec beat
    and injured a Roma man who refused to sign what he claimed was a false
    confession to robbery charges.
        The district court in Kosice accepted prosecution charges against
    10 police officers accused of abusing six Romani boys (ranging in age
    from 11 to 16) in Kosice following the alleged theft of a purse.
    Videotapes of the incident, leaked to the media in April 2009, showed
    the officers forcing the boys to strip naked, kiss, and hit each other.
    The trial started in November, and was pending at year's end. The
    representative of the boys, Poradna lawyer Vanda Durbakova, has asked
    the court for non-pecuniary damages of 30,000 euros ($40,200) for each
    victim's family. She says the boys were exposed to humiliation and
    cruel and inhumane treatment. Seven of the 10 policemen have been
    suspended from duty.
        Police continued to provide special training on Romani culture and
    language to officers working in districts with Romani communities in
    the Kosice and Presov regions. The Bratislava branch of postsecondary
    schooling for police also offered an elective course in Romani language
    and culture.

        Prison and Detention Center Conditions.--Prison and detention
    center conditions met most international standards; however,
    overcrowding continued to be a problem. There were on average 8,844
    persons in prison in 2009. There are five minimum security prisons in
    the country that, according to the Ministry of Justice, operated at
    between 101 and 124 percent capacity in 2009.
        Prisoners were able to express complaints without censorship, and a
    public defender of rights, or ombudsman, is available for their legal
    aid. The ombudsman is elected by parliament and does not report
    receiving political interference in his work.
        On February 11, the CPT released a report on its March-April 2009
    visit to the country. The findings of the 2009 visit indicated that
    ``in general, there has been an improvement in the treatment of persons
    deprived of their liberty by law enforcement officials, as compared to
    previous visits to Slovakia by the CPT.'' Specifically, there were
    fewer allegations of ill-treatment; nevertheless, there were several
    allegations of physical ill-treatment of detained persons by police
    officers, related to ``the excessive use of force during apprehension,
    and the infliction of slaps and kicks immediately after the person had
    been brought under control.''
        The Government permitted visits by independent human rights
    observers. Observers expressed concern that no independent group or NGO
    regularly monitored prison conditions.

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

        Role of the Police and Security Apparatus.--The national police has
    sole responsibility for internal and border security and reports to the
    Ministry of Interior. The head of the police force reports directly to
    the interior minister, who has the authority to recall any member of
    the police. Human rights observers believed police were occasionally
    reluctant to accept the testimony of certain witnesses, particularly
    Roma, women, and homeless persons, and often failed to investigate
    cases involving Roma and other minorities promptly and thoroughly.
        In June 2009 authorities arrested six police officers following an
    investigation that indicated they had been working as security guards
    in a brothel in Senec. The officers involved were removed from the
    police force.
        The most common charge authorities brought against police officers
    was abuse of power; other charges included battery, assault and
    battery, and illegal intrusion into private homes. In 2009 authorities
    charged 171 police officers with crimes; in 61 of these cases, the
    crime was abuse of power. Disciplinary action ranged from fines to
    expulsion from the police force.
        During a June 2009 visit of the Chinese president to Bratislava,
    the police refrained from intervening when violent clashes between
    Slovak protesters and supporters of the Chinese president erupted. NGOs
    subsequently filed a complaint against the Ministry of Interior for
    failing to protect the rights of the protesters. Then Prime Minister
    Fico publicly supported the police, and the ministry dismissed the
    complaint.
        Human rights training remained on the curriculum at police training
    facilities.

        Arrest Procedures and Treatment While in Detention.--The
    constitution and the law stipulate that a person can only be taken into
    custody for explicit reasons and must be informed immediately of the
    reasons for detainment. A written court warrant is required for arrest.
    The court must grant a hearing to a person accused of a crime within 48
    hours (or a maximum of 72 hours for ``serious cases,'' defined as
    violent crimes, treason, or other crimes with a sentence of at least
    eight years) and either release or remand the individual. There was a
    bail system in place that functioned effectively. Detainees have the
    right to consult with an attorney immediately and must be notified of
    this right. The Government provides free counsel to indigent detainees.
    Attorney visits were allowed as frequently as necessary. The law allows
    monthly family visits upon request.
        If remanded by a court, the accused is entitled to an additional
    hearing within 48 hours, at which time the judge must either release
    the accused or issue a written order placing the accused in custody.
    The authorities respected these provisions in practice.
        Criminal court procedures mandate that the total time of detention
    (pretrial plus trial) cannot exceed 12 months in the case of minor
    offenses, 24 months for regular crimes, 36 months for severe crimes,
    and five years for crimes in which the expected sentence is 25 years or
    a life sentence. In addition, pretrial detention cannot account for
    more than half of the total detention time. In cases with extenuating
    circumstances, the Supreme Court may extend pretrial detention to four
    years. Delays in court procedures and investigations frequently led to
    lengthy detentions during both the pretrial and trial periods.
    According to 2009 statistics, pretrial detainees accounted for
    approximately one-quarter of the total prison population; detainees
    were held on the average for 123 days at the district court level and
    299 days at the regional court level. From January to July 2010
    authorities held 1,091 individuals in pretrial detention.
        The law allows plea bargaining, which reduced the backlog of court
    cases. During 2009 plea bargaining resolved 6,856 cases, compared with
    5,741 cases in 2008. During the first half of the year, plea bargaining
    was used to resolve 4,120 cases.

        e. Denial of Fair Public Trial.--The law provides for an
    independent judiciary; however, in practice problems with corruption,
    official intimidation of judges, inefficiency, and a lack of integrity
    and accountability continued to undermine judicial independence. In
    some cases the judiciary was subject to high-level influence and
    pressure by the judicial hierarchy. In some cases, judges felt they
    faced attempts to influence decision making as well as intimidation via
    disciplinary actions from the Judicial Council. Military courts were
    abolished in 2009.
        In May the Constitutional Court ruled seven to six that the Special
    Court, designed to hear cases of official corruption and those related
    to high-ranking government and political figures and organized crime,
    was unconstitutional. In June the parliament passed a bill to create a
    new specialized court to hear corruption cases. Under the new law,
    judges' salaries were reduced, and judges were no longer required to
    have security clearances. These changes addressed the Constitutional
    Court's reasoning for declaring the Special Court unconstitutional.
    Some judges stated that they felt pressure to rule against the Special
    Court.
        There were also reports of inconsistent decision making and
    substitution of judges to influence court decisions.
        In June 2009 former Justice Minister Stefan Harabin was elected
    president of the Supreme Court. Several NGOs mounted a campaign against
    his election, citing his personal contacts with a person suspected of
    organized drug-related criminal activity. They also criticized his
    misuse of disciplinary actions as tools to intimidate and harass
    judges. More than 12,000 persons signed the petition. Several judges
    also filed a Constitutional Court claim against his election, which
    remained pending at year's end.
        There were reports that higher levels of judicial hierarchy misused
    their power and issued instructions to individual judges on how they
    should decide specific cases.
        In 2009 Bratislava district court judge Marta Laukova filed a
    criminal complaint against her superior in which she claimed that her
    superior ordered her to release a criminal from pretrial detention, a
    clear constraint on her judicial independence. Laukova did not follow
    the order and was subsequently transferred from the criminal law
    department and subjected to other forms of intimidation, including
    frequent workplace inspections. Laukova's health condition declined
    sharply, and while she was in the hospital, the Judicial Council
    decided, for the first time in the country's history, that her medical
    insurance payments would be suspended. The Judicial Council stated that
    her sickness was ``purposeful.'' In September Judge Laukova died in the
    hospital. The Judicial Council posthumously awarded Laukova medical
    compensation.
        Disciplinary actions taken against judicial delays appeared to be
    highly inconsistent. In some cases judges faced suspension for delaying
    cases, while in other, similar cases there was no action taken.
    Suspension was considered a severe action, as suspended judges are
    prohibited from entering the court building, receive only one-third of
    their salary, and their cases are assigned to other judges.
        District court judge Juraj Babjak, former judge of Slovak
    Constitutional Court and author of several critical articles about the
    state of the judiciary, faced disciplinary action for alleged delays
    during the year. Although he had communicated to the president of his
    district court that it was impossible to deal with cases he was
    assigned because of their number and complexity, the court's president
    filed disciplinary action against him proposing demotion to a lower
    court. The case was pending with the disciplinary court.
        In April former Supreme Court Senate chairman and judiciary critic
    Jozef Kandera resigned from his post, reportedly due to pressure he
    faced from disciplinary proceedings against him. Kandera presided over
    the case against the so-called ``acid gang'' that dissolved the corpses
    of its victims in acid. Supreme Court president Stefan Harabin
    initiated disciplinary proceedings against Kandera for court delays. In
    his defense, Kandera noted that that the cases he dealt with were
    complex, containing tens of thousands of pages. The law does not
    specify the period of time that would constitute a court delay; critics
    asserted that Harabin did not apply such a strict standard evenly to
    all judges, but rather only against critics of the judiciary. A
    disciplinary hearing on March 17 found Kandera guilty of
    procrastination in court proceedings and decided to decrease his wage.
        Other judges faced disciplinary and criminal actions after having
    openly criticized Supreme Court president Harabin. Judge Katarina
    Javorcikova, a spokesperson of the Society for Open Judiciary (ZOJ),
    which publicizes cases of judicial intimidation, faced a criminal
    investigation initiated by former Justice Minister Viera Petrikova.
    However, the police investigation did not find sufficient evidence to
    prosecute Javorcikova.
        The Judicial Council initiated disciplinary proceedings against
    district court judge Stanislav Sojka for a letter he wrote to President
    Ivan Gasparovic voicing concern over the integrity of the judicial
    system and of Supreme Court judge Peter Paluda. Sojka was also
    suspended from duty after he filed a criminal complaint against Harabin
    for misuse of power.
        With the exception of the Constitutional Court, courts employed a
    computerized system for random case assignment to increase
    transparency. There were reports that this system was subject to
    manipulation. The watchdog NGO Fair Play Alliance filed a criminal and
    disciplinary motion against the president and the vice president of the
    Supreme Court for allegedly manipulating the electronic assignment
    system. Supreme Court president Harabin subsequently filed a criminal
    motion against Fair Play Alliance Director Zuzana Wienk for false
    accusation, which remained pending at year's end.
        In 2008-09 more than 500 judges (out of a total of 1,400) submitted
    claims of ``wage discrimination.'' The mass court claims submitted by
    the judges raised serious concerns about the ethics of some members of
    the country's judiciary as well as the potential impact on the state
    budget. The disgruntled judges asserted that they had been
    discriminated against because judges sitting on former Special Court to
    combat corruption and organized crime had higher salaries. Many members
    of the public perceived the claims as illegitimate and driven by the
    judges' envy and greed. According to media reports, the judges' claims
    had been organized by senior officials in the judiciary. Justice
    Minister Viera Petrikova and the Supreme Court president Harabin openly
    supported the judges' claims. Justice Minister Viera Petrikova had also
    filed a claim for wage discrimination, even though she was also a
    defendant in the case. Petrikova was replaced by Lucia Zitnanska in
    July when the new government took office.
        In some of the wage discrimination cases, district courts awarded
    judges compensation up to 90,000 euros ($120,000). Critics and members
    of the public noted that individual judges' wage discrimination
    complaints were being decided by colleagues who had filed similar
    complaints, suggesting serious conflicts of interest and calling into
    question the impartiality of court proceedings.
        In June 2010 a judicial disciplinary senate ruled that veteran
    judge Anna Benesova be demoted for allegedly prohibiting the recording
    of court proceedings in one of her cases. Consequently, the Judicial
    Council, presided over by Stefan Harabin, decided that judge Benesova
    will be demoted not to a lower court in her home city Bratislava, but
    to a district court in Levice more than 60 miles away. Instead of
    working there, Benesova decided to retire.
        Benesova asserted that the real motive for her demotion was her
    unwillingness to decide in favor of Supreme Court president Harabin in
    a libel case against daily newspaper SME. Following Benesova's
    suspension from the Bratislava Regional Court in 2008, the judge who
    replaced her in the Harabin v. SME case ruled in Harabin's favor and
    ordered SME to pay him 33,134 euros (approximately $44,400). Witnesses
    at her disciplinary hearings testified that Benesova did not prohibit
    the recording; normally in such cases judges received only minor or no
    sanctions.
        In September 2009, 105 judges sent a letter to the president, prime
    minister, the chairman of the National Council, the justice minister,
    and the Judicial Council protesting the improper use of disciplinary
    panels against independent judges, particularly for critics of Harabin.
    The judges did not receive a response. In an open statement in October
    2009, signed by the same 105 judges, they wrote about ``an atmosphere
    of fear'' in conducting their work within the judiciary.

        Trial Procedures.--Defendants enjoy a presumption of innocence.
    They are also presumed innocent during the appeals process, meaning
    that a person found guilty by a court does not serve his imposed
    sentence nor pay any fine until the final decision on his appeal is
    reached. Persons charged with criminal offenses are entitled to fair
    and public trials and have the right to be informed of the charges
    against them. The law does not provide for jury trials. A panel of
    three judges is obligatory in criminal cases and in civil cases at the
    regional court and Supreme Court levels. However, NGO observers stated
    that judicial corruption often resulted in lengthy court delays and
    improper handling of police investigations. Defendants have the right
    to be present, consult in a timely manner with an attorney (at
    government expense if indigent), access government-held evidence,
    confront witnesses against them, and present witnesses and evidence on
    their own behalf. Defendants have the right to refuse self-
    incrimination, and may appeal adverse judgments.

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

        Regional Human Rights Court Decisions.--There were 569 complaints
    filed against the state before the European Court of Human Rights
    (ECHR) in 2009, up from 488 in 2008. The ECHR ruled on 69 cases in
    2009. In 38 rulings, the court found a violation of the European
    Convention on Human Rights; of these, 29 violations concerned
    ``reasonable time'' requirement for civil and criminal proceedings.
    Out-of-court settlements were reached in another 10 cases. In total,
    the Government paid 512,000 euros ($686,000) to applicants as
    compensation in 2009. Approximately 1,300 complaints filed against
    state remain unresolved. The court issued 12 rulings against the state
    during the year.
        Three forced-sterilization civil suits that predated the 2005 law
    prohibiting such sterilizations were filed with the ECHR in 2004. Two
    were still pending at year's end.
        In April 2009 the ECHR ruled in favor of eight Romani women who
    suspected they had been sterilized without their knowledge. The
    hospitals where the procedures had been performed allegedly denied the
    women access to their medical records, and the ECHR ruled that this
    denial of access was a violation of privacy; the allegation of
    uninformed sterilization was not at issue. Four of the women
    subsequently received access to their medical files; at least one of
    them discovered she had been sterilized. The remaining four women
    continued to be denied access to their medical records. In 2007 the
    Ministry of Health informed the NGO Poradna, which had assisted the
    women in preparing their legal case, that the women's medical records
    were lost. After numerous unsuccessful civil proceedings, the
    plaintiffs were each awarded 3,500 euros ($4,690) in damages.

        Civil Judicial Procedures and Remedies.--Citizens have unrestricted
    access to an independent judiciary to bring lawsuits in civil matters
    including human rights violations. Courts that hear civil cases were
    subject to the same delays as criminal courts and were often perceived
    by the public as corrupt. Administrative remedies are available in
    certain cases. The National Center for Human Rights has the authority
    to provide mediation for cases of discrimination and to represent
    claimants in court.
        The Office of the Public Protector of Rights (ombudsman) determined
    that 157 of the approximately 2,528 complaints received in 2008
    constituted violations of the rights of the claimants, most of which
    involved delays in court proceedings. The ombudsman's office continued
    providing free legal services throughout the country by holding
    traveling legal clinics in cooperation with individual municipalities.

        f. Arbitrary Interference With Privacy, Family, Home, or
    Correspondence.--The constitution and the law prohibit such actions,
    and the Government generally respected these prohibitions in practice.
        Police must present a warrant before conducting a search or within
    24 hours afterwards.
        Romani advocacy groups pressured the Government to acknowledge and
    compensate victims for past involuntary sterilization practices on
    Romani women in public health facilities. Patients legally are required
    to submit written requests at least 30 days before sterilizations are
    performed; however, criminal charges cannot be filed for offenses that
    took place prior to 2005, when the law took effect. No victims of
    involuntary sterilization or sterilization without informed consent
    received financial redress for sterilization in the country's court
    system.
        According to the NGO Poradna (Center for Civil and Human Rights),
    which helped alleged victims prepare cases, several civil court cases
    had been filed. In one case, three Romani women claimed that they were
    sterilized without informed consent. In 2006 the Constitutional Court
    ruled that regional-level prosecutors had violated the constitution and
    the European Convention on Human Rights by improperly closing the
    investigation of the original claim and awarded each of the claimants
    50,000 koruna (approximately $2,380). The court instructed the
    prosecution to reopen its investigation in 2007, but the investigation
    did not yield any new results. Poradna filed another appeal with the
    Constitutional Court, which was pending at year's end. Two additional
    cases were pending at regional courts following appeals, and four cases
    were pending before appeal courts.
    Section 2. Respect for Civil Liberties, Including:

        a. Freedom of Speech and Press.--The constitution and the law
    provide for freedom of speech and of the press; while the Government
    generally respected these rights in practice, in some instances the
    Government limited these rights, including attempts by government
    officials to impede criticism and to limit actions of extremist groups.
        The law prohibits the defamation of nationalities, punishable by up
    to three years in prison, and denying the Holocaust, which carries a
    sentence of six months to three years in prison.
        The independent media were active and expressed a wide variety of
    views, although media, especially state-owned television, were subject
    to political influence. The three public media outlets, STV
    (television), Radio SRo, and TASR news agency, received state funding
    and were headed by political appointees. There were reports that
    directors of Slovak Public Television exerted pressure in the news
    department to provide favorable coverage of governing coalition events
    and activities. In October 2009 the director of state-supported STV
    intervened to halt the broadcast of an investigative report critical of
    a social enterprise project subsidized by the Ministry of Labor. While
    the report ultimately aired following a decision by the governing body,
    the STV council did not renew the contract of the journalist who
    prepared the report that the director had challenged.
        Both the 2008 act on broadcast fees and the 2007 audiovisual law
    increased broadcast media's dependence on state funding and the
    perceived schism between print and broadcast media.
        In October a study by the Slovak Syndicate of Journalists and the
    Pan-European University School of Mass Media indicated that the number
    of journalists who reported feeling pressure from media owners and
    managers that infringed on their freedom of expression had decreased
    from 55.5 percent in 1997 to 47.7 percent during the year.
        In 2008 a media law went into effect that required publishers to
    print responses to any ``statement of fact that impinges on the honor,
    dignity, or privacy of a natural person, or the name or good reputation
    of a legal entity.'' The law required publishers to print replies on
    the same page and space as the original article, regardless of whether
    the original statement was factually correct. Journalists and
    publishers opposed the law because it could force them to print
    official government responses without the opportunity for a counter
    response. The Organization for Security and Cooperation in Europe's
    representative on freedom of the media stated that, instead of
    complying with established standards in such cases, the Government was
    forcing the media to become subject to ``political give and take'' that
    violated the country's international commitments to protect the freedom
    of its media. Members of government took several actions that observers
    believed were intended to pressure the media to curtail reporting
    critical of the Government.
        In November 2009 former Prime Minister Fico used the right of reply
    provisions in the media law to respond to a commentary from the daily
    SME, which alleged that he had been part of a privileged group during
    the communist era in the country. SME printed Fico's reply on its
    opinion page. Media analysts and publishers noted that, when the media
    law passed, Fico said that he would not use it, as it was designed to
    protect ordinary citizens from the press.
        Criminal penalties for defamation exist under the penal code, but
    these provisions were rarely used.
        Members of the Government, judiciary, and political elites targeted
    the press in a number of civil defamation lawsuits, which often
    required the press to pay large sums of money. The International Press
    Institute and other observers expressed concern that this financial
    risk could lead to media self-censorship. Courts made multiple
    decisions in favor of political elites, despite compelling evidence of
    the veracity of the reports for which media outlets were being sued.
        In May the Supreme Court filed a suit seeking 200,000 euros
    ($268,000) in nonpecuniary damages from the private radio station Radio
    Express for its report concerning the renovation costs for a bathroom
    at the Supreme Court. The court's president, Stefan Harabin, filed the
    complaint on behalf of the Supreme Court at the First Bratislava
    District Court. The complaint asserted that the reconstruction of the
    bathroom next to the office of the Supreme Court president did not cost
    32,700 euros ($43,800) as news reports claimed, but 2,279 euros
    ($3,053). The sum of 32,700 euros ($42,500) figure applied to the
    overall cost of reconstructing the Supreme Court president's offices.
        The radio obtained the story from the daily newspaper Pravda, whose
    publishing house Perex was also sued for damages of 200,000 euros
    ($268,000) by the Supreme Court. The journalists claimed that the
    Supreme Court did not respond clearly to their requests for
    information, which were filed according to the law. Pavol Mudry, the
    director of the International Press Institute (IPI) Slovakia, was
    reported as saying that the Supreme Court was not guarding against
    damages to its reputation but was aiming to eliminate media outlets
    that make the court uncomfortable.
        In May 2009 then-justice minister and current President of the
    Supreme Court Stefan Harabin sent letters to three publishers and one
    radio station requesting out-of-court settlements of 200,000 euros
    ($268,000) from each of them to compensate for articles and statements
    published in 2008-09 that allegedly damaged his reputation. He did not
    seek an apology or printed corrections. Harabin had previously won
    several libel lawsuits against the media, a fact he highlighted in the
    letters to the media outlets. Observers expressed concern that the
    former minister's objective was to intimidate and extort the media
    rather than to restore his reputation. The Association of Publishers of
    the Periodical Press in Slovakia issued a statement claiming Harabin
    was ``demanding exorbitant sums... higher than those awarded by courts
    in the cases of the gravest health injuries or deaths.''
        In July the Bratislava District Court ruled against former Prime
    Minister Fico in his case against Petit Press, the parent company of
    leading daily SME, for damages allegedly incurred by publication of a
    cartoon on its opinion page. The cartoon depicted the former prime
    minister in a doctor's office, with the doctor examining an X-ray of
    his neck and implying he was spineless. In his lawsuit, Fico stated
    that, while he was suffering unbearable physical pain from an injury,
    SME was misusing his image and mocking his suffering, which harmed his
    dignity and reputation. Fico's appeal of the verdict remained pending
    at year's end.
        In December 2009 former Prime Minister Fico held a press conference
    in which he accused the media of conspiring against him, attacking his
    family, and ``operating like the mafia.'' The publishers of the
    country's leading dailies responded with a joint article refuting
    Fico's claims of conspiring against him. The article stated ``what is
    equally offensive are the continuing and escalating attacks against
    journalists . . . The media and journalists are doing nothing other
    than what is customary in a democracy. The prime minister naturally has
    the right to use all legal means for his defense. . . . However, he
    does not have the right to incite an atmosphere of aggressiveness
    toward the media and journalists in society.''

        Internet Freedom.--There were no government restrictions on access
    to the Internet or reports that the Government monitored e-mails or
    Internet chat rooms; however, police monitored Web sites hosting hate
    speech and attempted to arrest or fine the authors. The law defines
    hate speech as speech that publicly threatens an individual or group
    based on nationality, ethnicity, race, skin color, or that publicly
    incites the restriction of rights and freedoms of such an individual or
    group. Individuals and groups could otherwise engage in the peaceful
    expression of views via the Internet, including by e-mail. Internet
    access was generally available across the country.
        According to International Telecommunication Union statistics for
    2010, approximately 74 percent of the country's inhabitants used the
    Internet.

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

        b. Freedom of Peaceful Assembly and Association.--Freedom of
    Assembly.--The constitution and the law provide for freedom of
    assembly, and the Government generally respected this right in
    practice. However, there were complaints against the interior ministry
    that police officers did not intervene adequately to address violence
    at demonstrations, as was the case during May's inaugural gay pride
    parade in Bratislava.

        Freedom of Association.--The constitution and the law provide for
    freedom of association, and the Government generally respected this
    right in practice. However, the law requires organizations to pay a
    nominal registration fee and stipulates that those registering as
    foundations have ``substantial'' financial resources of 6,000 euros
    (approximately $8,040) to operate.

        c. Freedom of Religion.--For a complete description of religious
    freedom, see the 2010 International Religious Freedom Report at
    www.state.gov/g/drl/irf/rpt.

        d. Freedom of Movement, Internally Displaced Persons, Protection of
    Refugees, and Stateless Persons.--The constitution and the law provide
    for freedom of movement within the country, foreign travel, emigration,
    and repatriation, and the Government generally respected these rights
    in practice. The Government cooperated with the Office of the UN High
    Commissioner for Refugees (UNHCR) and other humanitarian organizations
    in providing protection and assistance to refugees, asylum seekers,
    stateless persons, and other persons of concern.
        The law prohibits forced exile, and the Government did not employ
    it.

        Protection of Refugees.--The law provides for the granting of
    asylum or refugee status, and the Government has an established system
    for providing some protection to refugees. The Government granted 14
    asylum seekers refugee status out of 822 applicants in 2009, in
    contrast with 2008, when 909 asylum seekers applied and the Government
    granted refugee status to 22 applicants. While the asylum law gives
    officials broad authority to reject applicants based on technical
    errors in their applications, in practice this was not a problem.
        Consistent with EU legislation, the country does employ the concept
    of a safe country of origin and transit, but is still required to
    ensure that an asylum seeker's individual well-being is not threatened
    in a non-EU ``safe third country.''
        In practice, the Government provided protection against the
    expulsion or return of refugees to countries where their lives or
    freedom would be threatened on account of their race, religion,
    nationality, membership in a particular social group, or political
    opinion. In April, however, the Government extradited an Algerian
    national and alleged terrorist, Mustafa Labsi, back to Algeria despite
    an interim measure issued by the ECHR that specifically stated that
    Labsi should not be expelled to Algeria until he exhausted all legal
    avenues for his asylum claim, including the Constitutional Court. Labsi
    was extradited before he had time to appeal to the Constitutional
    Court. Referring to the ECHR interim measure, then- Interior Minister
    Robert Kalinak stated that even if Slovakia were to be fined, it would
    only amount to a ``couple thousand euros.''
        The Government accepted refugees from third countries and provided
    basic facilities and services to encourage integration. Language
    training and work permits were available for refugees and asylum
    applicants with extended stays.
        In July 2009 the Government, UNHCR, and the International
    Organization for Migration signed an agreement to temporarily house 98
    Palestinian refugees from Iraq. The refugees arrived in August 2009 and
    were expected to stay for six months in an asylum facility in Humenne
    and be provided with accommodation, food, and medical care while their
    applications for permanent asylum elsewhere were processed. By
    February, all 98 refugees had been relocated to a third country.
        The Government also provided temporary protection to individuals
    who may not qualify as refugees. The law provides for temporary
    protection, classified as ``tolerated residence,'' which is granted if
    asylum is denied and the individual is not eligible for deportation to
    his or her country of origin due to administrative problems or fear for
    the person's safety. In 2009, 97 individuals were granted subsidiary
    protection, up from 65 persons in 2008.
    Section 3. Respect for Political Rights: The Right of Citizens to
            Change Their Government
        The constitution and the law provide citizens the right to change
    their government peacefully, and citizens exercised this right in
    practice through periodic, free, and fair elections based on universal
    suffrage.

        Elections and Political Participation.--On June 12, citizens voted
    six political parties into the National Council in free and fair
    elections. Four of the six parties then formed the governing coalition,
    led by the country's first female prime minister, Iveta Radicova. Voter
    turnout was over 50 percent.
        In April 2009 President Ivan Gasparovic, the head of state, was
    reelected for a five-year term in the second round of voting in an
    election that was also considered to be free and fair.
        Political parties operated without restriction or outside
    interference. A political party must receive at least 5 percent of the
    ballots cast to enter the National Council. In the 2010 elections,
    voters had the option of marking a preferential vote for an individual
    candidate on a political party list in addition to voting for a party.
        There were 24 women in the 150-seat National Council, 41 women on
    the 79-seat Supreme Court, and two women in the 13-member cabinet,
    including the prime minister.
        The law prohibits collecting information on ethnicity, and it was
    not possible to determine the precise number of members of minority
    groups in government. The party Most-Hid (``bridge'') holds 14 seats in
    the National Council, of which seven are ethnic Hungarians. Some ethnic
    Romani individuals and parties were successful at winning
    representation at the local and regional levels; however, Roma were
    consistently underrepresented in government service, and no Roma were
    in the National Council.
        In November 2009 the country held elections for the chairmanships
    and parliamentarian seats in the eight regional governments. Voter
    turnout was 22.9 percent. For the first time in the country's history,
    two ethnic Romani candidates were elected to the regional parliaments.
        In the eastern part of the country, there were often allegations of
    vote buying, particularly in Romani settlements, during all elections.
    Section 4. Official Corruption and Government Transparency
        The law provides criminal penalties for official corruption;
    however, the Government did not always implement the law effectively,
    and some officials engaged in corrupt practices with impunity. There
    were also concerns, particularly in the business sector, about the
    privatization of justice. Some NGO governance experts reported that
    court proceedings have become a contest of vested interests and
    connections to the judicial powers. While the country has financial
    disclosure laws, compliance was the exception rather than the rule. The
    World Bank's Worldwide Governance Indicators also reflected that
    corruption remained a problem.
        Instances of police corruption and misconduct were also reported,
    primarily the extortion of bribes during traffic stops. Headed by a
    director who reports directly to the interior minister, the Bureau for
    the Inspection Service of the Police Corps is responsible for
    investigating police abuses. Cases may be initiated by the inspection
    service, the police corps, the police department's organized crime
    unit, and individual citizens, among others.
        The most grievous cases of corruption involved the Ministry of
    Environment and the Ministry of Construction and Regional Development,
    which were both headed by the ultra-nationalist Slovak National Party
    (SNS), a coalition partner of the ruling SMER (``direction'') party
    until July 2010. Former Prime Minister Fico closed the Ministry of
    Environment because he considered the situation irreparable, and the
    Ministry of Agriculture took over its functions, until the new
    government reestablished the ministry in September.
        International companies reported multimillion dollar losses that
    they settled out of court simply because of lack of a credible legal
    remedy, and cronyism was cited as the country's primary competitive
    disadvantage.
        Following its formation in July, the new government launched its
    reform agenda by requiring disclosure of all contracts, invoices, and
    financial transactions relating to the public on the Internet and
    introducing electronic auctions as a mandatory form of procurement.
    However, the Government had not prosecuted most of the egregious
    corruption scandals that had emerged under the previous government.
        In April the European Commission (EC) formally questioned whether
    the winner of the National Highway Company's (NDS) tender to build an
    electronic toll-collection system had enjoyed an ``unfair advantage.''
    The NDS had awarded the tender to the highest bidder, SanToll-Ibertax,
    a Slovak entity, for 852.1 million euros ($1.1 billion). The system was
    plagued by glitches when it began operating in January.
        According to a report submitted by EC auditors in March the
    ``presence of indicators of serious fraud was identified'' in some of
    the social enterprises created by former Labor Minister Viera Tomanova.
    The eight regional social enterprises received 95 percent of their
    funding from the state to provide training and employment for persons
    in regions with high unemployment. However, according to the Slovak
    Governance Institute, the social enterprises were established ``in
    direct contradiction with the existing EU legislation on state aid.''
    As of January, the social enterprises had received 11.3 million euros
    ($15.1 million) in public funds. The new government abolished the
    projects due to the perceived lack of transparency and corruption
    allegations.
        In May Slovak investigators met their foreign counterparts to
    discuss new findings in the investigation of the sale of Slovak surplus
    carbon dioxide emission quotas. The country was believed to have lost
    at least 40 million euros ($53.6 million) in a deal in which the
    environment ministry, then under the political control of Slovak
    National Party, sold rights to emit 15 million tons of carbon dioxide
    at approximately half the market price.
        The Ministry of Interior is responsible for developing the
    Government's overall strategy for combating corruption, with a specific
    focus on investigation and enforcement. The Special Court is
    responsible for most prosecution efforts (see section 1.e.). The
    general prosecutor, who is appointed by parliament and independent of
    the executive and judicial branches, also plays a leading role in
    prosecuting corruption. The Government Office of the Slovak Republic,
    which answers to the prime minister, also plays a role in developing
    anticorruption legislation and regulations.
        The law provides for public access to government information;
    however, NGOs cited a need for greater public awareness of the
    responsibility of government to provide information. During the year
    both the Constitutional Court and the Judicial Council restricted
    access to information. The Government often declined to provide
    information, reacted with extreme delays to requests, or released only
    heavily redacted information. In one case, the Government released a
    contract for the sale of carbon dioxide emission quotas with the names
    of the buyers, the quantity of quota units, and the price redacted. The
    reason given was that the information was protected by confidentiality
    clauses in the contracts. In several such cases, authorities released
    the information after widespread critical media coverage.
    Section 5. 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. Most NGOs were
    independent, although the Slovak National Center for Human Rights
    receives its budget from the parliament, and was thus semi-independent.
    Government officials were generally cooperative, although NGOs reported
    that at times government officials seemed to view their activities with
    suspicion or mistrust.
        The country has an 11-member parliamentary Human Rights Committee,
    which was not particularly active during most of 2010. It did, however,
    have a public hearing on what some members of the committee determined
    to be inadequate government action on the 2006 case of an alleged
    attack on ethnic Hungarian university student Hedviga Malinova. In
    July, Anna Belousovova, of the SNS took over the chairmanship of the
    committee, the only committee in parliament chaired by the SNS, which
    many interpreted as ironic, due to SNS Chairman Jan Slota's infamous
    verbal slurs against minorities.
        The office of the ombudsman is headed by Pavel Kandrac, who submits
    an annual report on human rights problems to the president. In
    submitting the 2009 annual report in April, Kandrac reportedly asked
    for expanded powers. In general, Kandrac's work has not been the
    subject of executive interference, but on the other hand, human rights
    activists do not consider his office to be very effective. Kandrac
    focuses primarily on the issue of court delays and, to a lesser extent,
    children's rights. During the year his office did not comment on Roma
    issues, serious problems in the judiciary, or other human rights
    violations.
    Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
        The constitution and the law prohibit discrimination based on race,
    gender, disability, language, or social status; the Government made
    efforts to enforce these prohibitions in practice. All government
    agencies are required to create special favorable conditions for groups
    who are victims of discrimination, including but not limited to,
    employment, education, and vocational training.

        Women.--The law prohibits rape, including spousal rape. Although
    the Government enforced the law effectively, rape was an underreported
    problem according to NGOs and academics. In 2009 there were reports of
    142 rapes, and 396 cases of sexual abuse. There were 37 convictions for
    rape in 2009, and 16 convictions in the first six months of 2010. Rape
    victims had access to shelters and counseling offered by NGOs and
    government-funded programs.
        Domestic violence against women continued to be a problem. The law
    prohibits domestic violence; however, it was widespread, and activists
    claimed that the Government did not enforce the law effectively. A
    joint study performed by the Ministry of Labor, Social Affairs, and
    Family and the Public Policy Institute concluded that one of every five
    women was a victim of domestic violence. In 2008 parliament passed a
    law providing police with greater tools to combat domestic violence;
    the law allows police to prohibit suspected offenders from reentering
    the domicile where the victim resides for 48 hours after an incident
    was reported. In 2009 there were 1,028 convictions for crimes that
    involved domestic violence. During the same period, there were 192
    convictions for abuse of a member of household. In the first six months
    of 2010, there were 508 convictions for crimes that involved domestic
    violence, and 95 convictions for abuse of a member of household. The
    law provides stricter sentences for violence directed toward members of
    the same household and allows for continued criminal prosecution even
    when a spouse drops charges. Domestic violence is punishable by two to
    12 years' imprisonment. Domestic violence often was underreported due
    to the social stigma associated with being a victim; crime statistics
    did not adequately reflect the extent of the problem.
        Under a national action plan to combat violence against women for
    2009-12, government ministries and local governments were tasked with
    increasing awareness about domestic violence through public media
    campaigns and training of health practitioners on identification of
    domestic violence victims.
        The law defines sexual harassment as unlawful discrimination. There
    were few statistics available to measure the frequency or severity of
    the problem. The National Center for Human Rights received
    approximately 18 reports of sexual harassment in the workplace in 2009.
    During the first nine months of the year, the center received seven
    reports of sexual harassment.
        The Government recognized the basic right of couples and
    individuals to decide freely and responsibly the number, spacing, and
    timing of their children. Contraception is widely available, however,
    the costs must be covered by the individual; they are not covered by
    the public health services. According to NGOs, the high cost of oral
    contraception in the country and the lack of public subsidization
    constitutes a significant barrier to access. According to the Ministry
    of Health, use of oral contraception is increasing (from 2 percent in
    1988 to 20.5 percent in 2005). According to the Population Reference
    Bureau (PRB), 66 percent of married women between the ages of 15 and 49
    use modern methods of contraception. Between the ages of 15 to18, women
    must have the approval of their parents and gynecologist to obtain a
    prescription for oral contraception; they must pay the costs privately.
        Child mortality rates were very low. According to the PRB, 100
    percent of births are attended by skilled attendants. The law on public
    health care coverage provides comprehensive reproductive health
    services for women. According to estimates compiled by international
    organizations, there were approximately six maternal deaths per 100,000
    live births in the country in 2008.
        Sexual education is offered at all levels of schools, and the
    Government's goal is to reduce unwanted youth pregnancies by 50
    percent. However, NGOs noted that the quality of sexual education is
    very low, and is not mandatory. The country has a low incidence of HIV/
    AIDS infection and women and men are treated equally for sexually
    transmitted infections, including HIV.
        Women and men are equal under the law, including family law,
    property law, and in the judicial system; however, discrimination
    against women remained a problem in practice. Although women are
    legally protected from discrimination in the labor market, NGOs
    reported that many women had been dismissed from their jobs upon
    becoming pregnant. The equal opportunity office in the Ministry of
    Labor, Social Affairs, and Family worked in an advisory capacity to
    ensure the legal rights of women. The Council of the Slovak Republic
    for Gender Equality, established at the end of 2008, approved a
    National Gender Equality Strategy for 2009-13.
        The Ministry of Labor and Social Affairs reported that women's 2009
    wages were an average of 21 percent lower than those of men. According
    to outside experts and the Ministry of Labor, the reported wage
    differences were due to low participation of women in higher-paid
    management positions and large numbers of women working in low-paid
    occupations such as education, healthcare, social work, and light
    industry. The Ministry of Labor also noted that the wage gap was the
    result not of differences in base wages, but in bonuses which were
    provided in a less transparent manner.
        NGOs continued to advocate increased opportunities for the
    political participation of women, who were underrepresented in almost
    all spheres of public power. In 2008 women accounted for 6.2 percent of
    senior government officials, 20 percent of the National Council, and
    equally low numbers in regional authorities.

        Children.--Citizenship is acquired by birth to at least one citizen
    parent, regardless of where the child is born. Each domestic birth is
    recorded at the local vital statistics office. If the child is born in
    a foreign country, the foreign birth certificate must be notarized,
    translated, and recorded with a special vital records office
    administered by the Ministry of Interior.
        While education is universal, free through the postsecondary level
    and compulsory until the age of 15, Romani children exhibited a lower
    attendance rate than other children. Although Romani children comprised
    only 15 percent of the total number of children under the age of 16,
    they were disproportionately enrolled in ``special'' schools for
    children with mental disabilities, despite diagnostic scores that were
    often within the average range of intellectual capacity. In many
    special schools, the registered student body was nearly 100 percent
    Roma, according to NGO reports.
        The Government did not provide data on the percentage of these
    students who were from Romani households, as it does not collect ethnic
    data. In the 2009-10 school year, there were 24,920 students enrolled
    in special schools and 10,529 enrolled in special classes within
    regular schools. The Government reported that 36 percent of students in
    special schools were from socially disadvantaged, primarily Roma,
    households. According to a September 2010 report by Amnesty
    International, Romani children comprised 85 percent of the students in
    special schools. Regular schools in the same communities had very few
    Romani students, especially at the secondary school level. A special
    school education did not provide Romani children the knowledge or
    certification necessary to continue to higher education institutions.
        In September Amnesty International (AI) released an update to its
    2008 report on school segregation. In the 2008 report, AI featured the
    town of Pavlovce nad Uhom, where 99.5 percent of the special school
    students were Roma, some of whom previously functioned at an acceptable
    level in the mainstream elementary school prior to their transfer. AI
    also found that Romani parents were offered cultural and financial
    incentives regardless of the presence of a mental disability to send
    their children to what was locally known as the ``gypsy'' school. AI's
    investigation found that authorities lacked proper assessment
    procedures for enrolling students in special schools. Following
    publication of the 2008 report, the Government's School Inspection
    Service reportedly conducted an audit of 10 percent of all special
    schools to determine if proper enrollment procedures were followed; no
    irregularities were found. During the year AI found that, although the
    school's pupils were still 99.5 percent Romani, the overall enrollment
    of the school had dropped.
        In August the Government adopted a program calling for an end to
    segregation of Romani children in special schools. In 2008 the
    Government had passed a law that addressed some of the problems through
    reform and new programs, specifically eliminating motivational
    scholarships based on performance and replacing them with attendance-
    based financial incentives. It also provided for the creation of ``zero
    year'' classes, which offer one year of state-funded prekindergarten
    education to children from socially disadvantaged families. During the
    2009-10 school year, 3,134 children participated in the ``zero year''
    program, an increase of 25 percent over the previous year. NGO
    observers expressed the view that the program was a successful model
    but that it needed to be expanded further to be effective.
        Child abuse remained an underreported problem according to child
    advocates. The Government continued to increase training programs to
    reduce the instance of child abuse and implemented a publicity campaign
    to raise awareness of the issue. A number of children's foundations
    operated programs for abused or disabled children (or both).
        The Government's National Action Plan for Children for 2009-12,
    funded through the Government budget, focused on training of social
    workers and other professionals dealing with children, as well as
    public education campaigns against corporal punishment and sexual abuse
    of children.
        Child prostitution is prohibited; however, according to the UN, it
    remained a problem in Romani settlements with the worst living
    conditions. Most of the perpetrators were other Roma.
        According to the criminal code, 15 is the minimum age for
    consensual sex. Rape and sexual violence carry penalties of five to 25
    years' imprisonment, depending upon the injury or harm caused the
    victim and the motive.
        The production, distribution, or possession of child pornography is
    also a crime; the penalties for breaking the law range from two to 20
    years' imprisonment.
        As of June there were approximately 5,000 children in institutional
    care, the majority of whom were Roma. Of the 4,100 children in long-
    term care, nearly 800 were with foster families, a proportion that had
    increased steadily over the previous decade. According to law, children
    under the age of three must be cared for by foster families rather than
    being placed in orphanages. For the remainder of children, orphanages
    served as long-term care facilities rather than short-term residences.
    Activists claimed that orphans had difficulty integrating into society
    at age 18 and faced an elevated risk of falling victim to trafficking.
    The Ministry of Labor and Social Affairs operated small-group homes for
    young adults aging out of foster care.
        The country is a party to the 1980 Hague Convention on the Civil
    Aspects of International Child Abduction. For information on
    international parental child abduction, please see the Department of
    State's annual report on compliance at http://travel.state.gov/
    abduction/resources/congressreport/congressreport--4308.html.

        Anti-Semitism.--Jewish community leaders and 2001 census data
    estimated the size of the Jewish community at approximately 3,000
    persons.
        Organized neo-Nazi groups, estimated to have 500 active members and
    several thousand additional sympathizers, promoted anti-Semitism and
    harassed and attacked other minorities. Jewish community leaders
    expressed concern that some media coverage in the country exhibited
    anti-Semitic undertones.
        In November 2008 the cabinet approved a penal code amendment that
    would toughen penalties for extremist acts. President Gasparovic vetoed
    the amendment, stating that it did not sufficiently define extremism
    and extremist acts. NGOs also expressed concern that the amendment's
    ambiguity could be misinterpreted or misused to repress perceived
    enemies of government including NGOs or media. In June parliament
    overrode the veto, and the amendment took effect in September. The
    amendment provides penalties of two to six years' imprisonment for
    individuals convicted of membership in an extremist group and three to
    eight years' imprisonment for production of extremist materials.
        There were numerous reported acts of anti-Semitism. Police arrested
    individuals in Roznava, Nitra, Kolinany, Dolne Obdokovca, and other
    towns for painting swastikas on public buildings or propagating fascist
    ideology.
        In 2007 two young men were arrested and charged with defamation
    against an ethnic group; the men shouted Nazi slogans at the Bratislava
    rabbi and his son as they were leaving a synagogue. The case was
    pending trial at year's end.
        While direct denial of the Holocaust was uncommon, expressions of
    support for the World War II-era Slovak fascist state, which deported
    tens of thousands of Slovak Jews, Roma, and others to their deaths in
    German concentration camps, occurred during the year.
        In March approximately 250 persons gathered in front of the
    presidential palace in Bratislava to commemorate the 71st anniversary
    of the founding of the wartime fascist Slovak state in 1939 and pay
    respect to its president, Jozef Tiso, who was executed for treason
    after World War II. Immediately before the extremists commemorated
    Tiso, human rights activists organized a march to promote tolerance,
    also in front of the presidential palace.
        The Nation's Memory Institute (UPN) provided access to previously
    undisclosed records of the Slovak regimes from 1939-89, and in past
    years politicians such as the Slovak National Party Chairman Jan Slota
    made efforts to abolish it. In April 2009 parliament elected Arpad
    Tarnoczy, former chairman of the Union of Anti-Communist Resistance
    (ZPKO) and known for his pro-Tiso sentiments, to the UPN supervisory
    board. The ZPKO published a newsletter, Svedectvo (Testimony), that
    Jewish community officials criticized for advocating the wartime
    fascist state. Tarnoczy previously unveiled a monument to Jozef
    Kirchbaum, a leader of the war time fascist Hlinka Guard.
        The Ministry of Interior pursued violent extremist groups, and
    police monitored Web sites hosting hate speech and attempted to arrest
    or fine the authors. The Government also continued implementing its
    action plan to fight discrimination, racism, xenophobia, and anti-
    Semitism. During the year the Government organized educational programs
    on minority and human rights issues. High school and university
    curricula promoted tolerance, and students could also compete in annual
    essay contests that focused on human rights issues.

        Trafficking in Persons.--For information on trafficking in persons,
    please see the Department of State's annual Trafficking in Persons
    Report at www.state.gov/g/tip.

        Persons With Disabilities.--The law prohibits discrimination
    against persons with physical, sensory, intellectual, and mental
    disabilities in employment, education, access to health care, or the
    provision of other state services. Persons with disabilities were able
    to vote and participate in civic affairs. In practice, however, experts
    reported that access to buildings and higher education remained a
    problem, and laws to provide assistance to students with disabilities
    have not been implemented with regard to school facilities or
    educational materials. There were reports that persons with severe
    physical disabilities received less than the minimum wage in some
    instances.
        NGOs reported limited resources for psychiatric care outside of
    Bratislava, a lack of community-based psychiatric care, and mechanisms
    to monitor human rights violations against persons with such
    disabilities. Psychiatric institutions and hospitals, which fall under
    the purview of the Ministry of Health, continued to use cage beds to
    restrain patients. The law prohibits both physical and nonphysical
    restraints in social care homes, managed by the Ministry of Labor,
    Social Affairs, and Family. Several NGOs conducted public education
    campaigns on mental illness and worked cooperatively with the health
    ministry.
        NGOs have operated a project on patient advocacy in selected
    psychiatric wards throughout The country since 2007. They have reported
    no complaints from patients regarding the use of cage beds in the
    facilities.
        A patient in a psychiatric facility in Pezinok was reportedly
    chained to his bed from February to July 2009. The Ministry of Health
    believed the physical restraint was lawful and necessary to protect
    facility staff, although several international NGOs expressed concern
    and dissatisfaction with this treatment.
        While the Government enacted legislation in 2007 requiring
    television stations to provide ``voiceover broadcasting'' for blind
    viewers, this provision has not been implemented by any Slovak
    broadcaster. While the law defines mandatory standards for access to
    buildings, NGOs noted that they had not been fully implemented,
    although access to privately owned buildings improved more rapidly than
    access to state buildings.
        The Council for Citizens with Disabilities, cochaired by the deputy
    prime minister and the minister of labor, social affairs, and family,
    served as a governmental advisory body regarding persons with
    disabilities. NGO representatives also participate in the council.

        National/Racial/Ethnic Minorities.--Government and societal
    discrimination against Roma and individuals of non-European ethnicity
    was a common problem. Roma were the second largest ethnic minority with
    a population of 90,000 according to the 2001 census. Experts estimated
    that the Romani population was actually between 350,000 and 500,000.
    The discrepancy was attributed to Roma identifying themselves as
    Hungarians or Slovaks.
        Racially motivated attacks on minorities (Roma and others) were
    widely reported throughout the year, but investigation of attacks and
    law enforcement varied by jurisdiction. During 2009 there were 24
    convictions for racially motivated violence. During the first half of
    the year, there were 14 convictions for racially motivated violence.
        Roma were particularly singled out for violence, and police
    detained numerous individuals for attacks against Roma motivated by
    racial hatred. There were also reports that police mistreated Roma. In
    March 2009 police officers in Kosice abused six Romani boys in
    detention (see section 1.c.).
        Skinhead and neo-Nazi violence against Roma and other minorities
    continued to be a serious problem. The League of Human Rights Activists
    (LPR) reported that although police were increasingly responsive in
    their efforts to monitor and control the skinhead movement, the problem
    persisted. The LPR also reported receiving e-mail and telephone threats
    from skinheads.
        Several non-Romani minorities as well as foreigners were also
    victims of racially motivated attacks.
        In June, four neo-Nazis attacked an African-American man on a tram
    in Bratislava. The police responded quickly and detained the attackers.
        Extreme right, nationalist, and neo-Nazi groups continued to hold
    events designed to intimidate minority groups. Dressed in uniforms
    similar to those of the Hlinka Guards (the fascist wartime militia),
    the groups' members held marches and rallies to commemorate the wartime
    fascist state and to spread messages of intolerance against ethnic and
    religious minorities.
        An alleged 2006 attack and subsequent perjury charges against
    Hedviga Malinova, an ethnic Hungarian university student in Nitra,
    continued to draw media attention. Two young men allegedly physically
    assaulted Malinova after hearing her speak Hungarian. The district
    prosecutor discontinued the investigation after two weeks, concluding
    that Malinova had lied. Amid media and NGO criticism, the
    Constitutional Court rejected Malinova's multiple appeals, and in 2007
    police formally charged Malinova with perjury. In September 2009 Peter
    Labas, the dean of the Comenius University Medical Faculty, issued a
    report stating that Malinova's injuries were self-inflicted; several
    doctors listed as expert witnesses on the report subsequently
    contradicted the evaluation and asked to have their names removed from
    it, casting doubts on the report's integrity. In November 2009
    Prosecutor General Dobroslav Trnka asked Labas to supplement the report
    with additional information to assuage doubts raised over its accuracy.
    In October 2010 the Human Rights Committee of parliament convened a
    hearing to question the prosecutor general about delays in the case
    that had already been pending for four years. Trnka responded that
    Labas' response was still incomplete; thus his office took no
    additional action on what Trnka referred to as a ``banal'' case during
    the year. The case remained pending at year's end.
        The Slovak National Center for Human Rights reported receiving 987
    complaints of discrimination from January to September; in 2009, the
    Center received 1,571 complaints. In most of these cases, the claims
    involved labor-related discrimination, especially concerning hiring
    processes. Other discrimination complaints concerned the provision of
    goods and services, social and health care, and education. One NGO
    criticized the length of time it took for the center to issue required
    legal opinions on claims of discrimination.
        Widespread discrimination against Roma continued in employment,
    education, health services, housing, and loan practices. Activists
    frequently alleged that employers refused to hire Roma, whose
    unemployment rate was estimated to be between 80 and 90 percent.
        A case of alleged employment discrimination involving two Romani
    women received widespread media attention during the year. The pair,
    sisters who had higher education degrees, had attempted to find work as
    teachers but were reportedly refused by numerous schools due to their
    ethnicity. In September at least in part because of this extensive
    coverage, the media reported the women had received employment offers
    at a private college.
        NGOs reported numerous cases of social discrimination against Roma
    during the year, including restaurants and other businesses refusing to
    serve Romani customers.
        Local authorities and groups forced evictions of Romani inhabitants
    or blocked them from obtaining construction permits or purchasing land.
    Many Romani settlements lacked normal infrastructure, access to clean
    water, and proper sewage systems.
        In August apartment owners in Michalovce built a 25-meter-long wall
    to connect with walls built earlier by the local municipality and which
    representatives claimed would be used for sports and to prevent noise.
    However, some criticized the wall as an attempt to divide local Roma
    from non-Roma. In September another wall was erected in Presov to
    separate the Stara Tehelna settlements inhabited by mostly Romani
    citizens from the area of the city inhabited primarily by non-Roma.
        The law prohibits defamation of nationalities in public discourse;
    however, authorities enforced this law only when other offenses, such
    as assault or destruction of property, were also committed. There were
    instances of public officials at every level defaming minorities and
    making derogatory comments about Roma. Inflammatory speech by
    government officials continued to increase tensions between ethnic
    Hungarians and ethnic Slovaks.
        In June 2009 parliament amended the State Language Act to allow the
    Government to impose fines on government institutions, civil servants,
    and legal persons who did not provide information required by law in
    Slovak. The amendment included a provision permitting the Ministry of
    Culture to levy fines of up to 5,000 euros (approximately $6,700) on
    institutions for noncompliance. Members of the ethnic-Hungarian
    minority criticized the amendment as discriminatory and a restriction
    on their right to free speech, which the culture minister defended as
    an effort to extend and promote the use of the Slovak language. In
    response to criticism, the new government made changing the law a
    priority, and parliament passed an amendment in December that
    drastically reduced the instances in which an institution can be fined.
        The Government made efforts to address violence and discrimination
    against Roma and other minorities, although some critics worried that
    judges lacked sufficient training in the relevant laws. The Government
    continued to implement its action plan against xenophobia and
    intolerance, which included a special police unit to monitor extremist
    activities. A commission consisting of NGOs, police, and government
    officials advised police on minority issues.
        In August the Government appointed Miroslav Pollak, a non-Roma with
    extensive NGO experience in social field work, the plenipotentiary for
    Romani affairs. His appointment drew criticism from some Romani NGOs.
    The Government made only limited progress on its national minority
    strategy, which incorporated a wide range of education, employment,
    housing, and social integration policy recommendations from the Romani
    advocacy community. While the Government allocated approximately 200
    million euros (approximately $268 million) of EU structural funds to
    projects that specifically addressed the needs of the Romani community,
    NGOs complained that none of the funds had been spent and that the
    Government lacked a comprehensive approach to Romani integration.
        The plenipotentiary maintained five regional offices to supervise
    the implementation of governmental policy on Romani issues, support
    infrastructure development, and cooperate with municipalities and
    villages to improve interaction between Roma and non-Roma. The Ministry
    of Labor, Social Affairs, and Family assigned specially trained social
    workers to Romani settlements to assist with government paperwork and
    to advocate the importance of education and preventive health care. The
    Ministry of Health trained Romani-speaking health care assistants to
    improve the community's access to health services.
        During the year the Government had a national antidiscrimination
    plan. The office of the deputy prime minister for human rights served
    as the secretariat for the Council of National Minorities and the
    Government Council for NGOs.

        Societal Abuses, Discrimination, and Acts of Violence Based on
    Sexual Orientation and Gender Identity.--According to gay rights
    advocates, prejudice and official and societal discrimination
    persisted, although no official cases were available for citation.
        On May 22, there was a well-attended gay pride parade in
    Bratislava, which was in part supported by the international community.
    Shortly after the event began, a group of approximately 50 skinheads
    marched to within 20 feet of where introductory speeches were
    occurring. The neo-Nazis chanted slogans and tossed a smoke bomb into
    the crowd near a group of foreign dignitaries. In response, parade
    organizers altered the route. In the press scrutiny that followed,
    Interior Minister Robert Kalinak attributed the problems with the pride
    parade to its organizers, who ``failed to provide appropriate
    protection against extremists, ``such as by hiring their own private
    security guards.'' The only thing the organizers achieved, Kalinak
    asserted, was good advertising for neo-Nazis. The organizers refuted
    the assertion, noting they had discussed security with the police
    months in advance.
        Officials at times expressed discriminatory views. In December 2009
    Jan Slota, the chairman of the Slovak National Party and then governing
    coalition member, stated: ``We're strictly against any promotion of
    these sick (referring to same-sex) relationships. when I see those
    transvestites having their parades, strutting down the street naked and
    presenting this as a fashion.I consider this to be outrageous and
    sick.''
        Lesbian, gay, bisexual, and transgender persons organizations
    existed and operated without impediments and lobbied for legal rights.

        Other Societal Violence or Discrimination.--There were no reports
    of discrimination against persons with HIV/AIDS.
    Section 7. Worker Rights

        a. The Right of Association.--The law provides workers with the
    right to form and join independent unions of their choice except in the
    armed forces, and workers exercised this right in practice. Labor
    unions estimated that 17 percent of the work force was unionized;
    business associations believed the actual figure was less than 10
    percent. The law provides unions the right to strike with advance
    notice when collective bargaining fails to reach an agreement or to
    support other striking employees' demands (solidarity strike). The
    unions generally exercised these rights in practice without
    restrictions. The law prohibits dismissing workers legally
    participating in strikes; however, strikers were not ensured protection
    if a strike was considered illegal or unofficial. Civil servants in
    essential services and members of the military may not strike.

        b. The Right to Organize and Bargain Collectively.--The law
    provides for unions to conduct their activities without interference,
    and the Government generally protected this right in practice. The law
    provides for the right to organize and bargain collectively, and
    workers exercised these rights in practice.
        According to an Employment Ministry survey conducted in 2008, 24.47
    percent of all employees were organized in unions.
        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. For more information, see the
    Department of State's annual Trafficking in Persons Report at
    www.state.gov/g/tip.
        Police have responsibility for investigating forced labor and
    trafficking.

        d. Prohibition of Child Labor and Minimum Age for Employment.--The
    law provides for the protection of children from exploitation in the
    workplace; however, there were reports that Romani children in some
    settlements were exploited for commercial sex. NGOs reported that most
    Romani victims, including children with disabilities, were exploited by
    family members or other Roma.
        The minimum age for employment is 15, although children under that
    age may perform light work in cultural or artistic performances, sports
    events, or advertising activities if it does not affect their health,
    safety, or schooling. The National Labor Inspectorate and Public Health
    Office must approve, determine the maximum hours for, and set
    conditions for child labor under the age of 15. Children younger than
    16 may not work more than 30 hours per week; children who are 16 and 17
    are limited to 37.5 hours per week. Children under the age of 18 are
    not allowed to work underground, work overtime, or perform work that is
    inappropriate for their age or health.
        District inspection units received and investigated child labor
    complaints. If a unit determined that a child labor law or regulation
    had been broken, it turned the case over to the national inspection
    unit of the Ministry of Labor, Social Affairs, and Family. Enforcement
    was consistent across all communities.
        Child labor in the form of begging was a problem in some
    communities; there were also isolated reports of children forced into
    prostitution, often by family members.

        e. Acceptable Conditions of Work.--The minimum wage, of 307.7 euros
    ($ 412) per month, provided a decent standard of living for a worker
    and family in rural areas of the country, but not in urban areas.
        The law mandates a maximum workweek of 48 hours including overtime,
    with 30-minute breaks after six hours of work or after four hours for
    employees younger than 18, and rest periods of at least 12 hours
    between shifts. Trade unions, local employment offices, and the
    Ministry of Labor, Social Affairs, and Family monitored observance of
    these laws, and authorities effectively enforced them.
        The law establishes health and safety standards that the office of
    labor safety generally enforced. Workers have the right to refuse to
    work in situations that endanger their health and safety and may file
    complaints against employers in such situations. In August, 20 miners
    died in an underground explosion in Handlova; a methane gas explosion
    caused the disaster. The leadership of the mines remained unchanged,
    and three separate teams, one from the district mining authority in
    Prievidza, the second from the economy ministry and the third from the
    police, had not released the results of their investigations by year's
    end.
        Workers have the right to refuse work that endangers their life or
    health without risking the loss of their employment, and they exercised
    this right in practice. Employees who work under conditions that
    endanger their health and safety are entitled to ``relaxation'' leave
    in addition to standard leave.

                                   __________

                                    SLOVENIA

        Slovenia is a parliamentary democracy and constitutional republic
    with a population of approximately two million. Power is shared between
    a directly elected president (head of state), a prime minister (head of
    government), and a bicameral parliament composed of the National
    Assembly (lower house) and the National Council (upper house). On
    October 10, the country held free and fair multiparty local elections.
    Security forces reported to civilian authorities.
        There were reports of trial delays and cursory procedures for
    review of asylum applications. Societal violence against women,
    trafficking in women and girls, discrimination against Roma, violence
    against gays and lesbians, and discrimination against former Yugoslav
    residents without legal status were also problems.
                            respect for human rights
    Section 1. Respect for the Integrity of the Person, Including Freedom
            From:

        a. Arbitrary or Unlawful Deprivation of Life.--There were no
    reports that the Government or its agents committed arbitrary or
    unlawful killings.

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

        c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
    Punishment.--The constitution and law prohibit such practices, and
    there were no reports that government officials employed them.

        Prison and Detention Center Conditions.--Prison conditions
    generally met international standards. The Government permitted
    independent human rights observers to perform monitoring visits, and
    such visits occurred monthly during the year.
        The total number of prisoners as of November was 1,336, of whom 943
    were convicted persons and 344 were detainees. There were 59 female and
    12 juvenile prisoners.
        Out of the 13 prisons in the country, only four have a capacity for
    holding more than 100 inmates. New facilities at Dob Prison increased
    its capacity by 174 places. The country has also adopted a ``weekend
    prison'' program for convicted persons serving sentences of up to three
    years, who are not convicted of sexual offenses, and who maintain
    regular employment during the week. No abuses of the weekend prison
    system were reported during the year.
        The ombudsman reported that prison overcrowding was most severe at
    Dob Prison (at 175 percent of its capacity) but that the new facility
    relieved this problem. The second-most overcrowded facility is
    Ljubljana Prison, which held 240 inmates while having a capacity for
    128.
        In July the ombudsman investigated a complaint that an inmate in
    Maribor prison filed about the use of force against him. The ombudsman
    concluded that unnecessary force had resulted in minor injuries to the
    prisoner.
        Prisoners and detainees had reasonable access to visitors and were
    permitted religious observance. Authorities permitted prisoners and
    detainees to submit complaints to judicial authorities without
    censorship and to request investigation of credible allegations of
    inhumane conditions. Authorities investigated credible allegations of
    inhumane conditions and documented the results of such investigations
    in a publicly accessible manner. The Government investigated and
    monitored prison and detention center conditions.
        There is an ombudsman who can serve on behalf of prisoners and
    detainees to consider such matters as alternatives to incarceration for
    nonviolent offenders to alleviate overcrowding, address the status and
    circumstances of confinement of juvenile offenders, and improve
    pretrial detention, bail, and recordkeeping procedures to ensure that
    prisoners do not serve beyond the maximum sentence for the offense with
    which they were charged.
        The Government permitted local and international human rights
    groups, the media, or the International Committee of the Red Cross to
    monitor prison conditions independently. No such monitoring occurred
    during the year.
        During the year the Government continued work to increase the
    capacity of a prison located in Dob, which during the year held 496
    inmates, 183 more than its capacity.

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

        Role of the Police and Security Apparatus.--Police are centrally
    organized under the supervision of the Ministry of Interior. The
    ministry oversees the drafting of basic guidelines, security policy,
    and regulations governing the work of the police. It monitors police
    performance, with an emphasis on protecting human rights and
    fundamental freedoms. The police provided effective law enforcement.
        The law provides for a three-person government committee that
    includes two representatives of civil society organizations to review
    allegations of police abuse. The committee does not have authority to
    conduct independent investigations, and it relies on information that
    the Ministry of Interior or police investigators provided. The
    committee usually forwarded its findings to the State Prosecutor's
    Office.
        As of September the police internal investigation division
    investigated 55 allegations of police, prosecutorial, and judicial
    misconduct.

        Arrest Procedures and Treatment While in Detention.--Police
    generally apprehended persons taken into custody openly with warrants
    that either a prosecutor or judge issued. Authorities can detain
    persons for 48 hours before charging them. Authorities must also advise
    detainees in writing within 48 hours of the reasons for their arrest.
    Upon arrest, detainees have the right to contact legal counsel of their
    choice, and authorities generally respected this right in practice. The
    Government provided indigent detainees with free counsel and generally
    allowed them prompt access to family members. The law also provides
    safeguards against self-incrimination.
        Once authorities charge a suspect, pretrial detention may last for
    up to four months, depending on the severity of the alleged criminal
    act. An investigative judge must certify the charges. Once trial
    procedures have begun, authorities may extend the total period of
    detention for up to two years. Authorities must release persons
    detained more than two years while awaiting trial or while their trial
    is ongoing pending conclusion of their trial. Lengthy pretrial
    detention was not a widespread problem, and authorities generally
    released defendants on bail except in the most serious criminal cases.

        e. Denial of Fair Public Trial.--The constitution and law provide
    for an independent judiciary, and the Government generally respected
    judicial independence in practice. The law provides the right to a
    trial without undue delay; however court backlogs continued at times to
    result in lengthy trial delays. As of June, there was a backlog of
    266,221 cases. The Government's ``Lukenda'' project continued to boost
    the efficiency of the judiciary, reducing court backlogs and lowering
    the average processing time from 14.1 months to 6.1 months. The
    Government extended the Lukenda project until 2012.

        Trial Procedures.--The constitution and law provide for the right
    to a fair trial, and an independent judiciary generally enforced this
    right. The judicial system was overburdened and lacked administrative
    support; resulting in frequent delays in the judicial process. In many
    cases ongoing criminal trials took from two to five years.

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

        Regional Human Rights Courts Decisions.--On July 13, the European
    Court of Human Rights (ECHR) issued a judgment that found against the
    country for one violation of Article 8 (right to a private and family
    life) and one violation of Article 13 (right to an effective remedy) of
    the European Convention on Human Rights. The decision in the case of
    Kuric v. Slovenia concerned the applicants' complaint that authorities
    prevented them from the possibility of acquiring Slovenian citizenship,
    and/or from preserving their status as permanent residents, as a result
    of which they have faced almost 20 years of extreme hardship. The
    applicants belonged to a group of citizens of the former Yugoslavia
    whose permanent residency status in Slovenia was erased in 1992. The
    ECHR concluded that it was necessary to legislate and regulate
    adequately the situation of the individual applicants by issuing them
    with retroactive permanent residence permits.
        These individuals, the ``erased,'' began acquiring Slovenian
    permanent residency. The erased were frequently identified as stateless
    persons who lacked citizenship; however, most of the erased always had
    citizenship, but lacked permanent residency.
        During the year the parliament adopted the Law on Settling the
    status of citizens of other countries, successor states of the former
    Yugoslavia in the Republic of Slovenia, on the basis of which the
    Ministry of Interior began issuing decrees on recognition of the status
    of permanent residency to persons whose status was erased in 1992.
    During the year the ministry issued decrees to several dozen
    individuals.
        In 2009 the ECHR issued seven judgments that found at least one
    violation of the European convention by the state.
        The Government complied with ECHR judgments from 2009 during the
    year. All of them were related to the period in Slovenia before the
    adoption of the Act Regulating the Protection of the Right to a Fair
    Trial without Undue Delay (in 2006).

        Civil Judicial Procedures and Remedies.--The constitution and law
    provide for an independent and impartial judiciary in civil matters,
    including damages for, or cessation of, human rights. As with criminal
    matters, court backlogs sometimes resulted in lengthy or delayed
    trials.

        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. Reports of indirect government
    influence on the media decreased during the year.
        The penal code criminalizes the promotion of ``national, race, or
    religious discord or intolerance or the promotion of superiority of one
    race over others.'' There were no reports that authorities charged any
    individuals or publications under this provision during the year.
        Individuals could criticize the Government publicly or privately
    without reprisal, and the Government did not attempt to impede
    criticism.
        The independent media were active and expressed a variety of views,
    and international media operated freely. Private investment and
    advertising supported the major print media; however, the Government
    owned substantial stock in many companies that were shareholders in the
    major media houses.
        The Government operated a ``media pluralization'' fund intended to
    ensure that media reflected a diversity of viewpoints. The Commission
    for Pluralization of Media (under the Ministry of Culture) publishes
    tenders for co-financing different media projects through the Fund for
    Pluralization.
        The law provides criminal penalties for defamation that harms a
    person's honor or name; there were no reports of any prosecutions for
    defamation during the year. In March there was one conviction issued by
    the Court of Ljubljana for defamation and the penalty was a fine of
    5,000 euros ($6,700). During the year the police investigated several
    cases of suspicion of defamation.

        Internet Freedom.--There were no government restrictions on access
    to the Internet or reports that the Government monitored e-mail or
    Internet chat rooms. Individuals and groups could engage in the
    peaceful expression of views via the Internet, including by electronic
    mail. Internet access was widely available. According to International
    Telecommunication Union statistics for 2009, approximately 65 percent
    of the country's inhabitants used the Internet.

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

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

        c. Freedom of Religion.--For a complete description of religious
    freedom, see the 2010 International Religious Freedom Report at
    www.state.gov/g/drl/irf/rpt.

        d. Freedom of Movement, Internally Displaced Persons, Protection of
    Refugees, and Stateless Persons.--The constitution and law provide for
    freedom of movement within the country, foreign travel, emigration, and
    repatriation, and the Government generally respected these rights in
    practice. The Government cooperated with the Office of the UN High
    Commissioner for Refugees (UNHCR) and other humanitarian organizations
    in providing protection and assistance to internally displaced persons,
    refugees, returning refugees, asylum seekers, stateless persons, and
    other persons of concern.
        The law prohibits forced exile, and the Government did not employ
    it.

        Protection of Refugees.--The law provides for the granting of
    asylum or refugee status, and the Government has established a system
    for providing protection to refugees.
        Border police who apprehend persons who then seek asylum have the
    duty to process applications and transfer the person to an asylum home.
    There were some reports during the year that border police refused to
    perform this task.
        The law permits asylum seekers to change their asylum applications
    if there are considerable changes in their circumstances; however, as
    of year's end, this provision had not been implemented.
        The law provides asylum seekers with the right to appeal decisions
    on their applications, but authorities did not inform many asylum
    seekers of this right.
        To expedite asylum cases and terminate quickly those asylum cases
    that applicants themselves abandon, asylum seekers must sign a
    statement renouncing their asylum claim during the 24 hours when they
    are in the ``pre-reception'' area of the asylum home, awaiting the
    filing of their asylum application. This precautionary document is only
    to allow officials to close cases when asylum seekers do not pursue
    their asylum claims--claims that would otherwise create a backlog of
    paperwork and procedure to close down. This precaution is not part of
    asylum law, but has been observed in practice by the Peace Institute of
    Ljubljana, which specializes in asylum cases.
        If asylum seekers leave the pre-reception area before the
    application is filed, they are not considered asylum seekers and can be
    deported or detained in the Aliens Center. After an asylum application
    is filed, asylum seekers are free to go, but are expected to return to
    the asylum home every evening. If they are absent for more than three
    days, their asylum claim is deemed withdrawn, and the authorities
    consider the asylum seeker to have left Slovenia. If the claimant
    returns to the asylum home after the three-day period, his/her status
    changes to that of a nonresident alien, and he/she is subject to
    deportation.
        Amnesty International (AI) and the UNHCR expressed concern that the
    law provides for accelerated asylum procedures with few safeguards and
    that its exclusion clauses and broad detention powers could lower the
    country's asylum standards.
        There are no policies or laws that deny asylum based on country of
    origin.
        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 account of their race, religion,
    nationality, membership in a particular social group, or political
    opinion.
        During the year the Government did not provide temporary protection
    to persons who did not qualify as refugees.

        Stateless Persons.--Citizenship is derived from the parents with
    certain limitations when the child is born outside Slovenian territory.
    Naturalization is also possible. There were no reports of problems with
    immediate birth registration.
        According to UNHCR data, there were 4,090 stateless persons in the
    country at the end of 2009. However, this number consisted entirely of
    nonethnic Slovenes (Bosnians, Croatians, Macedonians, Montenegrins, and
    Serbs), who were Yugoslav citizens living in the country at the time of
    its independence from Yugoslavia and whose residency status in Slovenia
    was ``erased'' in 1992 after they failed to apply for residency bythe
    administrative deadline. Since they or their parents were born in other
    former Yugoslav republics, the Government considered most of these
    ``erased'' persons to be citizens of other countries rather than
    stateless. As ``illegal aliens,'' the Government annulled their
    identity documents, and they had no rights to education, health care,
    housing, work permits, pensions, or other government benefits and
    programs.
        In the second half of the year, the Government began retroactively
    recognizing the residency status of the ``erased'' inhabitants of
    Slovenia on the basis of the Law on Settling of the Status of Citizens
    of Other Socialist Federal Republic of Yugoslavia Successor States. The
    Government determined that ``erased'' persons who had left the country
    or were expelled while their status was undecided had forfeited their
    ability to prove continued ties to Slovenia and thus their ability to
    establish residency under the law. The law does not address the
    citizenship status of the ``erased.''
        There were no reports of violence or discrimination against
    stateless persons.
    Section 3. Respect for Political Rights: The Right of Citizens to
            Change Their Government
        The constitution and law provide citizens with the right to change
    their government peacefully, and citizens exercised this right in
    practice through periodic, free, and fair elections based on universal
    suffrage.

        Elections and Political Participation.--On October 10, the country
    held free and fair local elections.
        Political parties operated without restriction or outside
    interference.
        There were 12 women in the 90-seat National Assembly and one woman
    in the 40-seat National Council. There were five women in the 18-member
    cabinet.
        There were two members of minority groups in the National Assembly
    and none in the National Council or in the cabinet. The constitution
    provides the indigenous Italian and Hungarian minorities the right, as
    communities, to have at least one representative in the National
    Assembly. However, the law does not provide such rights to any other
    minority group.
        Twenty distinct Romani communities, each designated indigenous at
    the local level, are entitled to a seat on their local municipal
    council. After four years of noncompliance, in January, Grosuplje
    became the final municipality in the country to comply with the law,
    electing a Roma to the city council.
    Section 4. Official Corruption and Government Transparency
        The law provides criminal penalties for official corruption, and
    the Government generally implemented these laws effectively; however,
    officials sometimes engaged in corrupt practices.
        The public perceived corruption to be a widespread problem. Only
    the highest-level government officials--approximately 5,000 of the
    country's 80,000 public employees--were subject to financial disclosure
    laws. During the year the Independent Commission for the Prevention of
    Corruption received 1,271 cases of suspected corruption and found 266
    out of the 824 cases they reviewed during the year to be credible (some
    of the 824 will likely have been cases from earlier years).
        At year's end the investigation continued of several officials,
    including former prime minister Janez Jansa, former minister of defense
    Karl Erjavec, former chief of the military staff Albin Gutman, and
    private individuals in Finland and Slovenia for corruption related to
    the 2007 Ministry of Defense purchase of armored vehicles from a
    Finnish defense contractor.
        The commission played an active role in educating the public and
    civil servants about corruption; however, it claimed it had neither
    adequate staff nor funding to fulfill its mandate and assess all cases
    of suspected corruption that it received during the year. Over the past
    year the commission forwarded 211suspected cases of corruption to
    police and 38 to prosecutors and 79 cases to other state institutions,
    including cases received in 2009 but not processed until during the
    year.
        During the year the Independent Commission for the Prevention of
    Corruption referred five credible reports of police corruption or
    corruption-related criminal acts to police and the state prosecutor for
    further investigation. Three of them were found to be without
    sufficient grounds, one was forwarded to the Supreme State Prosecutor,
    and one remained under investigation by police. There were allegations
    of prosecutorial corruption relating to the investigation into bribery
    in an arms procurement case.
        The law provides for free public access to all government
    information, and the Government provided access for citizens and
    noncitizens alike, including foreign media. The Government may deny
    public access only to classified information, personal data protected
    by privacy laws, and other narrowly defined exceptions.
        The Office of the Government Information Commissioner reported an
    increase in complaints that state institutions were unresponsive.
    During the year the office received 231 complaints against decisions of
    state institutions and 360 complaints under the Law on Access to Public
    Information.
    Section 5. 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 constitution provides for an independent human rights ombudsman
    to monitor violations of human rights, especially when perpetrated by
    persons in positions of public authority. The ombudsman prepares an
    annual report on the human rights situation and provides the Government
    with recommendations. Individuals can file complaints with the
    ombudsman as a means of seeking nonjudicial aid in the case of a human
    rights violation. In July the ombudsman presented the 2009 report to
    the president and prime minister.
    Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
        The constitution and law prohibit discrimination based on race,
    gender, disability, language, or social status, and the Government
    generally enforced these prohibitions effectively.

        Women.--Rape, including spousal rape, is illegal. During the year
    SOS Helpline, a nongovernmental organization (NGO) that provided
    anonymous emergency counseling and services to domestic violence
    victims, estimated that one in seven women was raped during her
    lifetime but that only 5 percent sought assistance or counseling. In
    particular, victims rarely reported spousal rape to authorities. Police
    actively investigated reports of rape and prosecuted offenders. The
    penalty for rape was one to 10 years in prison. There were 35 reported
    criminal acts of rape in the first half of the year, 40 reported
    criminal acts of sexual violence, 14 reported criminal acts of sexual
    abuse of the weak, and 149 criminal acts of sexual attack on a minor
    under the age of 15.
        Although no accurate statistics were available, violence against
    women, including spousal abuse, occurred and was generally
    underreported. In the first half of the year, the police processed
    3,422 cases of criminal acts against a spouse, a family member, and
    children (170 cases of kidnapping of minors, 1,337 cases of domestic
    violence, and 390 cases of parental negligence and child abuse). Police
    reported an increase in criminal acts of domestic violence, parental
    negligence, and child abuse, mainly due to changes in the law and
    improved expertise in responsible institutions. There were no laws
    specifically prohibiting domestic violence, however, and authorities
    prosecuted the crime using assault statutes, which provide for
    penalties of up to 10 years' imprisonment in the case of aggravated and
    grievous bodily harm.
        SOS Helpline estimated that 25 percent of women had experienced
    domestic violence. The NGOs SOS Helpline and Kljuc provided support
    hotlines, and SOS Helpline reported receiving 3,417 calls during the
    year. The Government fully funded eight crisis centers for children and
    adolescents with a total of 68 beds, with one of those centers
    specializing in children who were six years old or less. The Government
    also partially funded 29 shelters, safe houses, and maternity homes
    that offered 397 beds. Shelters, safe houses, and crisis centers
    specifically for women and children provided 258 beds in 19 locations,
    and maternity homes provided 139 beds in 10 locations. The Government
    worked with NGOs on domestic violence cases, including providing
    shelters and social work centers. When police received reports of
    spousal abuse or violence, they generally intervened and prosecuted
    offenders. The police academy offered training on domestic violence.
        The law prohibits sexual harassment in the entire workforce;
    however, it remained a widespread problem. Until the end of September,
    16 criminal acts of sexual harassment were reported.
        Couples and individuals have the right to decide freely and
    responsibly the number, spacing, and timing of their children. They
    also have the information and means to do so free from discrimination,
    coercion, and violence. There was access at no cost to contraception
    and to skilled attendance during childbirth, including essential
    obstetric and postpartum care. The UN Population Fund estimated the
    2008 maternal mortality rate at 18 deaths per 100,000 live births.
    Women were equally diagnosed and treated for sexually transmitted
    infections, including HIV.
        The law provides for equal rights for women, and there is no
    official discrimination against women in family law, property law, or
    the judicial system. The Office of Equal Opportunities protected the
    legal rights of women. While the average length of unemployment was the
    same for men and women, women frequently held lower paying jobs.
    Women's earnings averaged 93 percent of those of men.

        Children.--Citizenship is derived from the parents with certain
    limitations. A child is granted Republic of Slovenia citizenship by
    birth provided that, upon birth, the child's mother and father are
    Slovenian citizens, upon birth, one of the child's parents is a
    Slovenian citizen and the child is born on the territory of the
    Republic of Slovenia, or upon birth, one of the child's parents is a
    Slovenian citizen while the other parent is unknown and/or of unknown
    citizenship, and the child is born in a foreign country. Naturalization
    is also possible. There were no reports of problems with immediate
    birth registration.
        While education for children is compulsory through grade nine,
    school attendance and completion rates by Romani children remained low.
    Poverty, discrimination, lack of parental and familial permission or
    support, and language problems continued to be the main barriers to the
    participation of Romani children in education programs. AI reported
    that the Romani literacy rate was 10 percent. A number of Roma reported
    that their children attended segregated classes and that authorities
    selected them in disproportionate numbers to attend classes for
    students with special needs. The European Social Fund, working through
    the Ministry of Education, continued a program to fund 26 Romani
    educators to work with teachers and parents.
        During the year the Government implemented a bilingual primary
    school curriculum for Romani children developed in 2008. The Government
    continued funding efforts to codify the Romani language.
        Child abuse was a problem. During the year 201 criminal acts of
    sexual abuse of a child under the age of 15 were reported to
    authorities.
        Child marriage occurred within the Romani community; however, it
    was not a widespread problem.
        Trafficking in children, mainly teenage girls transiting the
    country, was a problem. The law provides special protection for
    children from exploitation and mistreatment, and the Government
    generally enforced the law in practice.
        The law penalizes the possession, sale, purchase, or propagation of
    child pornography. The law criminalizes statutory rape with a sentence
    of six months to five years, and sets the minimum age of consent for
    sexual relations at 15. If the victim is determined to be especially
    vulnerable, the sentence is set at a minimum of three years with no
    maximum. If the perpetrator is a teacher, the penalty is from one to
    eight years in prison.
        The country is a party to the 1980 Hague Convention on the Civil
    Aspects of International Child Abduction. For information on
    international parental child abduction, please see the Department of
    State's annual report on compliance at http://travel.state.gov/
    abduction/resources/congressreport/congressreport--4308.html.

        Anti-Semitism.--There are approximately 300 Jews in the country.
    Jewish community representatives reported some prejudice, ignorance,
    and false stereotypes of Jews propagated within society, largely
    through public discourse. There were no reports of anti-Semitic
    violence or overt discrimination.
        The Government promoted antibias and tolerance education in the
    primary and secondary schools, and the Holocaust is a mandatory topic
    in the contemporary history curriculum. On January 27, Prime Minister
    Pahor attended ``Shoah-We Remember,'' a memorial held in the country's
    only synagogue, which is located in Maribor. On September 5, the Jewish
    community, with the support of local government officials, held the
    fifth annual European Day of Jewish Culture festival. President Turk
    was the honorary patron for the celebrations held in Ljubljana,
    Maribor, and Lendava.

        Trafficking in Persons.--For information on trafficking in persons,
    please see the Department of State's annual Trafficking in Persons
    Report at www.state.gov/g/tip.

        Persons With Disabilities.--The law prohibits discrimination
    against persons with physical, sensory, intellectual, and mental
    disabilities in employment, education, access to health care, or the
    provision of other government services, and the Government generally
    enforced these provisions in practice. The law mandates access to
    buildings for persons with disabilities. The Government implemented
    laws and programs to ensure that persons with disabilities have access
    to buildings, information, and communications, but modification of
    public and private structures to improve access continued at a slow
    pace, and many buildings were not accessible in practice. The Ministry
    of Labor, Family, and Social Affairs has primary responsibility for
    protecting the rights of persons with disabilities.

        National/Racial/Ethnic Minorities.--The law provides special rights
    and protections to indigenous Italian and Hungarian minorities,
    including the right to use their own national symbols and access to
    bilingual education. Each minority has the right for each to be
    represented as a community in parliament. Other minorities do not have
    comparable special rights and protections.
        The Government considered ethnic Serbs, Croats, Bosnians, Kosovo
    Albanians, and Roma from Kosovo and Albania to be ``new'' minorities,
    and the special constitutional provisions for ``autochthonous''
    (indigenous) minorities did not apply to them. The new minorities faced
    varying degrees of governmental and societal discrimination with
    respect to employment, housing, and education.
        Many Roma lived apart from other communities in settlements that
    lacked such basic utilities as electricity, running water, sanitation,
    and access to transportation. According to Roma Association officials,
    68 percent of Romani settlements were illegal. Organizations monitoring
    conditions in the Romani community have noted in recent years that Roma
    exclusion from the housing market was a problem and that the
    unemployment rate among Roma reached 98 percent, and that illiteracy
    rates among Roma remain at 90 percent.
        In March the Government enacted a five-year national program of
    measures to improve educational opportunities, employment, and housing
    for the Roma. NGOs and community group representatives reported some
    prejudice, ignorance, and false stereotypes of Roma propagated within
    society, largely through public discourse. AI and the Roma Council
    reported that public school officials in Novo Mesto required Romani
    students to shower, using school facilities before classes, subjecting
    them to ridicule and humiliation.

        Societal Abuses, Discrimination, and Acts of Violence Based on
    Sexual Orientation and Gender Identity.--The law prohibits
    discrimination based on sexual orientation; however, societal
    discrimination was widespread, and isolated cases of violence against
    homosexual persons occurred. Recent data on the problem's scope was not
    available. The NGO Society for the Integration of Homosexuals also
    reported that the police did not specify whether crimes were directed
    at homosexual persons, so hate crime data was unavailable.
        On July 3, the 10th annual gay pride parade in Ljubljana took place
    with the support of local government officials, although there were
    reports that bystanders shouted homophobic slurs at participants and
    antigay graffiti and stickers were seen in various locations around the
    city. Organizers reported satisfactory police presence during the
    parade. One individual was assaulted prior to last year's gay pride
    parade, and in March three individuals were sentenced to 18 months in
    prison for the attack. At that sentencing, about 100 people in black
    masks gathered in front of the Ljubljana District Court to protest the
    ``excessive punishment'' of the attackers. The victim of the assault
    stated that the protesters were not friends of the accused, but rather
    associates of the extreme right.

        Other Societal Violence or Discrimination.--There were no reports
    of societal violence or discrimination against persons with HIV/AIDS.
    Section 7. Worker Rights

        a. The Right of Association.--The law allows workers to form and
    join unions of their choice without previous authorization or excessive
    requirements, and workers exercised this right in practice.
        All workers, including police and military personnel, are eligible
    to form and join labor organizations. Approximately 30 percent of the
    workforce was unionized.
        The law provides for the right to strike without government
    interference, and workers exercised this right in practice. The law
    prohibits retaliation against strikers, and the Government effectively
    enforced this provision in practice.
        The law restricts the right of some public sector employees to
    strike, primarily the police and members of the military services, and
    provides for arbitration to ensure due process and protection of these
    workers' rights.

        b. The Right to Organize and Bargain Collectively.--The law allows
    unions and workers to conduct their activities without interference,
    and the Government protected this right in practice. The law provides
    for the right to bargain collectively, and it was freely practiced;
    however, the law requires that 10 percent of the workers in an industry
    sector be union members before collective bargaining can be applied to
    the sector as a whole. Both general collective bargaining agreements
    and collective bargaining agreements that focused on a specific
    business segment covered all workers.
        There were few reports of antiunion discrimination. During the year
    workers from the company Salonit Anhovo who became disabled from on-
    the-job contact with asbestos established a union, and the company
    immediately fired the union's first president, Stojko Simcic.
        There are no special laws or exemptions from regular labor laws in
    the country's eight export economic zones and the one free customs zone
    at the port of Koper.

        c. Prohibition of Forced or Compulsory Labor.--The law prohibits
    forced or compulsory labor; however, there were reports that such
    practices occurred. Women were trafficked for forced prostitution.
    Please see the Department of State's annual Trafficking in Persons
    Report at www.state.gov/g/tip.

        d. Prohibition of Child Labor and Minimum Age for Employment.--
    There are laws to protect children from exploitation in the workplace;
    the Government effectively enforced these laws.
        The minimum age for employment is 15; however, younger rural
    children often worked during the harvest season and performed other
    farm chores. The law limits working hours and sets occupational health
    and safety standards for children; the Government effectively enforced
    these provisions in practice. Urban employers generally respected the
    age limits.
        The Ministry of Labor, Family, and Social Affairs is responsible
    for monitoring labor practices and has inspection authority; police are
    responsible for investigating violations of the law. Enforcement
    practices were generally effective.

        e. Acceptable Conditions of Work.--The national monthly gross
    minimum wage of approximately 734 euros ($984) provided a decent
    standard of living for a worker and family. From September 27 to
    October 13, public employees, including police, held a strike to
    protest the salary freeze that the Government introduced.
        The law limits the workweek to 40 hours and provides for minimum
    annual leave of 20 days and a mandatory rest period of at least one day
    per week. Collective agreements regulated premium pay for overtime and
    were not standardized. The law limits maximum overtime to eight hours
    per week, 20 hours per month, and 170 hours per year. The Ministry of
    Labor, Family, and Social Affairs is responsible for monitoring labor
    practices and has inspection authority; police are responsible for
    investigating violations of the law. Authorities enforced the laws
    effectively, except in some cases involving migrant workers.
        According to a complaint filed by the Association of Free Trade
    Unions of Slovenia (AFTUS) with the International Labor Organization
    (ILO) Committee of Experts, migrant workers were often orally notified
    to perform forced and excessive overtime in violation of labor law
    provisions limiting overtime and specifying methods to formally request
    it. The AFTUS also noted that foreign nationals in the country on
    employment permits were made more vulnerable to exploitation in terms
    of overtime, wages, rest periods, and annual leave by virtue of being
    tied to the employer who provided the permit.
        According to the ILO's 2010 Report, inspectors also found numerous
    violations of the law with respect to migrant workers, especially in
    the construction industry, which employed approximately 50 percent of
    such workers. These workers came primarily from Bosnia and Herzegovina,
    Serbia, and Montenegro. Violations included the practice of employers'
    illegally trading foreign workers who were in the country on the basis
    of employment permits. The ILO and AFTUS also raised concerns that some
    migrant workers, especially seasonal laborers, lived in substandard
    housing conditions segregated from the national population and lacking
    minimum standards, in violation of the 2007 Principle of Equal
    Treatment Act.
        The law requires employers to provide social security payments for
    all workers. The Legal Aid Society reported that employers of migrant
    workers sometimes did not deduct social security from paychecks,
    leaving unknowing workers without a future pension or access to social
    services.
        Special commissions under the Ministry of Health and the Ministry
    of Labor, Family, and Social Affairs set standards for occupational
    health and safety for all workers. The ministry's Inspector General
    Department conducted more than 18,053 inspections in 2009, with 9,690
    enforcement actions, including fines, prosecutions, and resolution of
    conditions resulting from those inspections. Workers had the legal
    right to remove themselves from dangerous work situations without
    jeopardy to their continued employment, and authorities effectively
    enforced this right.

                                   __________

                                     SPAIN

        The Kingdom of Spain, with a population of approximately 47
    million, is a parliamentary democracy headed by a constitutional
    monarch. The country has a bicameral parliament: the General Courts or
    National Assembly, consisting of the Congress of Deputies (lower
    house), and the Senate (upper house). The head of the largest political
    party or coalition was usually named to head the Government as
    president of the Council of Ministers, the equivalent of a prime
    minister. The national election held in 2008 was free and fair. The
    Spanish Socialist Workers Party (PSOE) won the multiparty election, and
    Jose Luis Rodriguez Zapatero was reelected president. Security forces
    reported to civilian authorities.
        There were some reports that security forces abused suspects and
    mistreated migrant children in detention centers. Prisons were
    overcrowded, and authorities delayed legal assistance and the
    arraignment of arrested persons before a judge. Government corruption
    occurred, particularly at the provincial and municipal levels. Domestic
    violence, trafficking in persons, and societal discrimination against
    Muslim groups were reported. Jewish groups reported isolated acts of
    vandalism and anti-Semitism, and there were incidents of societal
    violence against other minorities.
                            respect for human rights
    Section 1. Respect for the Integrity of the Person, Including Freedom
            From:

        a. Arbitrary or Unlawful Deprivation of Life.--There were no
    reports that the Government or its agents committed arbitrary or
    unlawful killings.
        On March 16, the Basque separatist terrorist group ETA killed one
    person in an attack in a small town outside Paris, France. During the
    year authorities arrested 58 ETA members as well as seven persons
    allegedly involved in ETA's street violence campaign. In addition, 22
    members were arrested in France and eight in other countries. The
    Office of the General Prosecutor reported that during 2009 there were
    49 trials of persons directly or indirectly related to ETA. Courts
    handed down 49 sentences that affected 113 persons, 86 of whom were
    convicted and 27 acquitted.

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

        c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
    Punishment.--The constitution and laws prohibit such practices, and the
    Government generally respected this prohibition; however, there were
    reports of police mistreatment and impunity.
        The Coordinator for the Prevention of Torture (a group of Spanish
    human rights nongovernmental organizations (NGOs), universities, and
    bar associations) reported that in 2009 there were 242 reports of
    torture or mistreatment involving 624 complainants, up from 520
    complainants in 2008. According to the group, 64 of the complaints
    involved cases against local police authorities; 43 against the
    national Guardia Civil; 197 against the national police authorities;
    190 against the Catalonia local police, the Mossos d'Esquadra; 46
    against the Ertzaintza (Basque authorities); and 65 against prison
    staff. The autonomous regions with the highest number of complaints
    were Catalonia (215), Basque Country (104), Madrid (103), Andaluc!a
    (81), Galicia (47), and Valencia (34). The number of reports involving
    the Mossos d'Esquadra increased from 45 in 2008 to 190 in 2009.The
    majority of these complaints were related to student demonstrations in
    Barcelona in May 2009, when police clashed with students and others
    over plans to increase tuition and enact new higher education
    legislation. The 215 complaints in Catalonia relate to 36 cases.
        In February 2009 the Prosecutors' Office initiated an investigation
    into allegations of mistreatment brought by 85 persons detained in
    Madrid's internment center for foreigners. The detainees complained
    that authorities forced them to undress, beat them, and threatened
    them. They also claimed that the food served contained sedatives. A
    Ministry of Interior spokesman rejected the accusation, stating that
    international institutions that had inspected the facilities (including
    a delegation of the European Parliament) had approved of the living
    conditions.
        There were new developments in the case of 15 members of the
    Guardia Civil accused of torturing ETA members Igor Portu Juanean and
    Martin Sarasola Yarzabal during their arrest in 2008. On December 30,
    the San Sebastian Court sentenced four of the Civil Guards--Sargent
    Juan Jesus Casas, Corporal Jose Manuel Escamilla, Corporal Sergio
    Martinez, and agent Sergio Garcia--to a total of 11 years in prison
    between them and prohibited them from serving in a public position for
    40 years. The court acquitted the other 11 defendants. The court
    ordered the Civil Guard to pay 18,000 euros (approximately $24,120) in
    compensation to Portu and 6,000 euros ($8,040) to Sarasola.
        On July 26, the Supreme Court annulled the original sentence
    against four Catalan police officers who allegedly assaulted a detainee
    in 2007. In 2009 the Barcelona court found that the officers had not
    mistreated the complainant or perjured themselves, as the prosecutor
    claimed, but did find them guilty of using excessive force. Three of
    the officers were fined 600 euros each (approximately $800) and ordered
    to compensate the complainant 1,610 euros ($2,160). The Supreme Court
    accepted the appeal by the Proscecutor's Office and issued a new
    sentence that maintained both the 600-euro fine and 1,610-euro
    compensation but absolved one of the officers of mistreatment. The
    Supreme Court also absolved all four police officers of committing
    crimes of moral integrity, torture, and falsifying documents.
        According to the 2009 report by the Coordinator for the Prevention
    of Torture, there were 624 complaints against security forces and jail
    functionaries for abuse of authority, 45 more than in 2008. The report
    indicated that in 2009 a total of 11 persons died while in police
    custody, 28 died in jail, and two minors died while in detention
    centers for youth.

        Prison and Detention Center Conditions.--Prison and detention
    center conditions met most international standards, and the Government
    permitted visits by independent human rights observers.
        Prisons were overcrowded, with an overall inmate-per-cell ratio of
    approximately 1.7 for cells that were designed for one inmate. During
    the year there were six new prison facilities under construction.
    According to the 2010 UN Universal Periodic Review of Spain, the
    Government budget for renovating and expanding prison facilities
    through 2012--involving the construction of 18,000 new cells of
    different types in 46 new centers--was 1.6 billion euros ($2.2
    billion).
        As of October there were a total of 75,503 inmates in prison, of
    which 14,751 were in custody while awaiting trial. Approximately eight
    percent of the prison population was female. There were four facilities
    exclusively for female prisoners. Juveniles (those under the age of 18)
    were sent to separate detention centers.
        Prisoners and detainees had reasonable access to visitors and were
    permitted religious observance. Authorities permitted prisoners and
    detainees to submit complaints to judicial authorities without
    censorship and request investigation of credible allegations of
    inhumane conditions. In addition, authorities investigated credible
    allegations of inhumane conditions and documented the results of such
    investigations in a publicly accessible manner. The Government
    generally investigated and monitored prison and detention center
    conditions.
        Between March 3 and May 7, the National Mechanism for the
    Prevention of Torture made 54 unannounced inspections to detention
    centers throughout the country and reported no irregularities or signs
    of mistreatment. Prisoners can file complaints regarding mistreatment
    with the national ombudsman, who will investigate complaints but does
    not have authority to take corrective measures directly.
        On September 24, the minister of interior reported that 5,000
    volunteers and 500 nongovernmental organizations (NGOs) were assisting
    prison inmates and that 17,500 inmates were enrolled in education
    programs, of whom 700 had obtained a university degree.

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

        Role of the Police and Security Apparatus.--Civilian authorities
    maintained effective control over the armed forces and civil guard, and
    the Government has effective mechanisms to investigate and punish abuse
    and corruption. There were no reports of impunity involving the
    security forces during the year. Police forces include the national
    police and the Guardia Civil, both under the authority of the central
    government, as well as municipal police and police forces under the
    authority of Catalonia and the Basque Country regional governments. All
    police forces operated effectively, with isolated reports of
    corruption.

        Arrest Procedures and Treatment While in Detention.--The law
    provides that police may apprehend suspects with probable cause or with
    a warrant based on sufficient evidence as determined by a judge. With
    certain exceptions, police may not hold a suspect for more than 72
    hours without a hearing.
        Detainees generally were promptly informed of the charges against
    them, and the courts released defendants on bail unless they believed
    the defendants might flee or be a threat to public safety. The law
    provides detainees the right to consult a lawyer. However, there were
    often lengthy delays between the time a detained person first requested
    a lawyer and the time the lawyer arrived at the place of detention. The
    state provided legal counsel to indigent detainees.
        In certain rare instances involving acts of terrorism, the law
    allows authorities to detain persons for up to five days prior to
    arraignment with the authorization of a judge. In these cases a judge
    also may order incommunicado detention for the entire duration of
    police custody.
        The law stipulates that suspects held incommunicado have the right
    to an attorney and medical care, but they are neither allowed to choose
    an attorney nor see a physician of their choice. The court-appointed
    lawyer is present during police and judicial proceedings, but detainees
    do not have the right to confer in private with the lawyer.
        In March 2009 the UN special rapporteur on the promotion and
    protection of human rights and fundamental freedoms while countering
    terrorism expressed concern about incommunicado detention wherein
    certain terrorist suspects can be held for up to 13 days prior to
    arraignment without the right to confer privately with their attorney
    of choice.
        During the year the Government continued to implement preventive
    measures to safeguard the rights of detainees held incommunicado,
    including the application of protocols and continuous video
    surveillance in the detention facilities and interrogation rooms.
        Lengthy pretrial detention was a problem. As of October
    approximately 20.5 percent of the 75,503 persons in prison were
    pretrial detainees. Under the law, authorities may not detain suspects
    for more than two years before putting them on trial unless a judge
    authorizes a further delay, which may extend to four years. In practice
    pretrial detention was usually less than one year.

        e. Denial of Fair Public Trial.--The constitution provides for an
    independent judiciary, and the Government generally respected judicial
    independence in practice.

        Trial Procedures.--The constitution and law provide for the right
    to a fair trial, and an independent judiciary generally enforced this
    right. Trials are public, and there is a nine-person jury system.
    Defendants have the right to be represented by an attorney (at
    government expense if indigent), confront witnesses, present witnesses
    on their behalf, and have access to government-held evidence.
    Defendants enjoy a presumption of innocence and the right to appeal.

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

        Regional Human Rights Courts Decisions.--In 2009 the European Court
    of Human Rights (ECHR) issued 11 judgments that found at least one
    violation by the state of the European Convention on Human Rights. The
    violations involved the right to a fair trial (five violations), length
    of judicial proceedings (three violations), inhuman or degrading
    treatment (one violation), no punishment without law (one violation),
    right to respect for private and family life (one violation), and
    discrimination (one violation).
        On September 28, the ECHR ordered the Government to pay 23,000
    euros ($30,800) to ETA member Mikel San Argimiro Isasa for not having
    undertaken an ``effective investigation'' of the alleged torture he
    suffered when arrested in Madrid in 2002 for placing a bomb under a
    police car. The court indicated that the state violated article 3
    (prohibition of torture) of the European Convention on Human Rights
    from a procedural point of view because of the lack of an effective
    investigation. The decision also held that the state did not violate
    the article from a substantive point of view (i.e., through
    mistreatment of San Argimiro) because the court could not establish
    that San Argimiro was tortured.
        The Government complied with ECHR decisions and paid compensation
    ordered by the court. Spanish case law also makes repeated references
    to ECHR's case law, and in some instances the Government implemented
    new procedures or legislation following an ECHR decision. In response
    to an ECHR decision against the Government for unduly lengthy criminal
    proceedings, the Government enacted a law in December that allows the
    undue length of a criminal proceeding to be cited as a mitigating
    circumstance that may reduce a sentence.

        Civil Judicial Procedures and Remedies.--An independent and
    impartial judiciary exists for civil matters, and there is access to a
    court to bring lawsuits seeking damages for a human rights violation.
    Violations of human rights can be pursued either criminally or, if
    committed by the administration in other than a criminal offense,
    administratively. The national ombudsman serves to protect and defend
    basic rights and public freedom on behalf of citizens.

        f. Arbitrary Interference With Privacy, Family, Home, or
    Correspondence.--The constitution prohibits such actions, and the
    Government generally respected these prohibitions in practice.
    Section 2. Respect for Civil Liberties, Including:

        a. Freedom of Speech and Press.--The constitution provides for
    freedom of speech and of the press, and the Government generally
    respected these rights in practice. An independent press, an effective
    judiciary, and a functioning democratic political system combined to
    ensure freedom of speech and of the press.
        The independent media remained active and expressed a wide variety
    of views without restriction. Individuals could criticize the
    Government publicly or privately without reprisal, and the Government
    did not attempt to impede such criticism.
        The law provides that persons who provoke discrimination, hatred,
    or violence against groups or associations for racist, anti-Semitic, or
    other references to ideology, religion or belief, family status,
    membership within an ethnic group or race, national origin, sex, sexual
    orientation, illness, or disability, may be punished with imprisonment
    of one to three years.
        The law prohibits, subject to judicial oversight, actions including
    public speeches and the publication of documents that the Government
    interprets as glorifying or supporting terrorism. During the year the
    Office of the General Prosecutor filed eight cases in the courts under
    this law.
        Unlike in previous years, there were no reports of new ETA threats
    against journalists. However, previous ETA threats against journalists
    have not been publicly recanted.

        Internet Freedom.--There were no government restrictions on access
    to the Internet or reports that the Government monitored e-mail or
    Internet chat rooms. Individuals and groups could engage in the
    expression of views via the Internet, including by e-mail. Authorities
    monitored Web sites for material containing hate speech and advocating
    anti-Semitism. In November National Police officers arrested three
    members of an extreme right-wing group in Barcelona who used the
    Internet to spread Nazi ideology. The police seized flags, books, and
    clothing related to the ideology, as well as several weapons.
        At year's end, the Barcelona court had several open investigations
    involving hate crimes on the Internet and one case against a rock group
    spreading neo-Nazi messages through their music. On June 16, Aitor
    R.E.was sentenced to two years in prison for promoting genocide through
    the Internet. This was the first time a sentence was issued for
    promoting hatred on the Internet.
        There were no reports that the Government monitored e-mail or
    Internet chat rooms.
        According to International Telecommunication Union statistics for
    2009, approximately 63 percent of the country's inhabitants used the
    Internet.

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

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

        c. Freedom of Religion.--For a complete description of religious
    freedom, see the 2010 International Religious Freedom Report at
    www.state.gov/g/drl//irf/rpt.

        d. Freedom of Movement, Internally Displaced Persons, Protection of
    Refugees, and Stateless Persons.--The law provides for freedom of
    movement within the country, foreign travel, emigration, and
    repatriation, and the Government generally respected these rights in
    practice. The Government cooperated with the Office of the UN High
    Commissioner for Refugees (UNHCR) and other humanitarian organizations,
    including the Spanish Committee for Assistance to Refugees, in
    providing protection and assistance to internally displaced persons,
    refugees, returning refugees, asylum seekers, stateless persons, and
    other persons of concern.
        The law prohibits forced exile, and the Government did not employ
    it.

        Protection of Refugees.--The country's laws provide for the
    granting of asylum or refugee status, and the Government has
    established a system for providing protection to refugees. Potential
    asylum seekers were effectively able to exercise their right to
    petition authorities. In a 2009 report, however, the national ombudsman
    noted that complaints related to irregularities in the handling and
    reporting of some deportation cases had not declined significantly.
        Asylum seekers are not automatically rejected solely because of
    their country of origin. All asylum petitions are reviewed
    individually, and there is an established appeals process available to
    petitioners.
        In practice the Government provided protection against the
    expulsion or return of refugees to countries where their lives or
    freedom would be threatened on account of their race, religion,
    nationality, membership in a particular social group, or political
    opinion.
        The Asylum and Subsidiary Protection Law provides protection for up
    to three years for persons who do not meet the criteria for refugee
    status but face dangers such as torture or the death penalty if
    returned to their countries of origin. The law includes gender and
    sexual orientation as conditions for granting asylum; makes free legal
    assistance available to asylum seekers; provides a single process for
    both asylum and subsidiary protection (if asylum is denied, subsidiary
    protection will be automatically considered); contemplates family
    reunification for asylum seekers; allows asylum requests to be accepted
    at an embassy or consulate; and provides for the resettlement of
    refugees in neighboring countries in some cases.
        In 2009 there were 2,999 asylum applications in the country.
    According to the Spanish Commission for Refugee Assistance, this figure
    represented a 33.6 percent decline from 2008 and was the lowest number
    of applications since 1989.
        The Ministry of Foreign Affairs runs the Program for Assistance and
    Protection of Human Rights Defenders at Risk. Under this program, human
    rights defenders who face persecution and death threats can move to the
    country for a time period ranging from six months to two years,
    depending on the circumstances. During the year the country accepted 22
    persons from a variety of countries into the program; for the first
    time, two individuals gained entry into the program on account of
    defending lesbian, gay, bisexual, and transsexual (LGBT) rights.
        There were no reports of restrictions on refugees' access to
    employment, health care, housing, education, law enforcement, or
    judicial redress. The country does accept refugees for resettlement
    from third countries and provides protections with the assistance of
    NGOs such as the Spanish Commission for the Assistance to Refugees.
        On January 29, the Council of Ministers approved a 2.9 million
    euros ($3.9 million) program for 2010-2012 for the resettlement of 75
    refugees in Spain. The selection of the refugees for this program will
    be handled by the General Directorate of Interior Policy and the
    General Directorate for the Integration of Immigrants.
        During the year the country received 3,632 undocumented migrants by
    boat. This reflected a steady decline in undocumented migrants arriving
    in the country, from 13,000 in 2008 and 7,299 in 2009. The number of
    illegal immigrants who were deported to their home countries or denied
    entry at borders during the year was 30,163, a 20.9 percent decrease
    from 2009.
        There were problems with the treatment of unaccompanied migrant and
    refugee children. On October 1, the UN Committee on the Rights of the
    Child released a report asking the Government to improve the conditions
    under which unaccompanied minors are either admitted into the country
    or deported. With regard to the October 2009 Asylum Law that addresses
    special circumstances for the protection of unaccompanied minors, the
    committee noted that those circumstances only apply to non-EU minors
    and recommended that the Government extend such protection to all
    minors, following international standards.
        The Government has three emergency centers--La Esperanza, Tegueste,
    and Arinaga--on the Canary Islands which housed approximately 276
    children. According to a June 2010 Human Rights Watch (HRW) report,
    these centers put children at an increased risk of violence and limited
    their opportunities for integration into local communities. HRW
    identified systemic factors that increase the risk for children in
    these three emergency centers: the absence of an occupancy limit for
    emergency centers, the lack of confidential complaints mechanisms, and
    insufficient monitoring and oversight. The report also noted, however,
    that the children in these centers now generally enjoyed access to
    education and vocational training opportunities outside the centers and
    that emergency centers facilitated children's rapid insertion into
    training programs through language classes starting right after their
    arrival.
        In 2009 there were no unaccompanied children deported to their home
    country. In 2008 the Constitutional Court recognized children's right
    to defend themselves in court, irrespective of their guardians'
    decision.
        The Government also provided temporary protection to individuals
    who may not qualify as refugees. According to UNHCR statistics for
    2009, the country granted refugee status to 179 persons. An additional
    162 persons received subsidiary protection.
    Section 3. Respect for Political Rights: The Right of Citizens to
            Change Their Government
        The constitution provides citizens the right to change their
    government peacefully, and citizens exercised this right in practice
    through periodic, free, and fair elections based on universal suffrage.

        Elections and Political Participation.--In 2008 the Socialist Party
    won national elections that were considered free and fair; Jose Luis
    Rodriguez Zapatero was elected president of the Council of Ministers.
    Governmental power was shared between the central government and 17
    regional governments.
        Political parties operated without restriction or outside
    interference, and linguistic and cultural minorities had representation
    and participated in both local and national political parties.
        There were 129 women in the 350-seat Congress of Deputies, 83 women
    in the 263-seat Senate, and nine women in the 17-member Council of
    Ministers.
        The Government did not keep statistics on the ethnic composition of
    the parliament, but linguistic and cultural minorities were
    represented. The Catalan parliament included a member of Moroccan
    origin. There were Muslim political parties in the city enclaves of
    Ceuta and Melilla in North Africa. Roma had little representation in
    government.
    Section 4. Official Corruption and Government 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 July 6, the president of the Popular Party in Alicante, Jose
    Joaquin Ripoll, and 10 other persons were arrested for extortion,
    influence peddling, fraud, bribery, breach of trust, and concealment.
    The trial had not begun by year's end.
        On September 27, the trial began for nearly 100 former Marbella
    city officials, businessmen, real estate agents, and other defendants
    arrested in 2005 on charges of granting illegal building and
    construction permits in exchange for bribes. This was the largest
    corruption case ever brought to court involving city hall officials.
        The constitution provides for an ombudsman who investigates claims
    of police abuse. In 2009 the national ombudsman filed 269 ex officio
    judicial complaints, up from 253 complaints in 2008. During 2009 the
    ombudsman network processed 22,276 complaints, 4,461 of which were
    related to matters of justice, defense, and internal affairs.
        There were no developments reported during the year in the 2009
    case involving a member of the Civil Guard who was charged with money-
    laundering activities and involvement with Galician drug-traffickers.
    The accused was also suspected of having provided documents from his
    post at the Spanish embassy in Morocco to third parties in an attempt
    to discredit a criminal judge in A Coruna. While the case was pending,
    the Government transferred the officer to the financial department.
        In December a counternarcotics and organized crime lieutenant of
    the Civil Guard in Malaga was arrested in a counternarcotics operation
    conducted by the Civil Guard's Department of Internal Affairs.
        Public officials are subject to financial disclosure laws. The
    Ministry of Public Administration is responsible for managing and
    enforcing the Law of Conflicts of Interest. The Government also has a
    code of good governance that applies to all senior government
    officials.
        The law mandates public access to government information, and the
    Government generally granted access to citizens and noncitizens,
    including foreign media.
    Section 5. Governmental Attitude Regarding International and
            Nongovernmental Investigation of Alleged Violations of Human
            Rights
        A wide variety of domestic and international human rights groups
    generally operated without government restriction, investigating and
    publishing their findings on human rights cases. Government officials
    were cooperative and responsive to their views.
        The national ombudsman serves to protect and defend basic rights
    and public freedom on behalf of citizens. In 2009 the Ministry of
    Equality established the Council for the Promotion of Equal Treatment
    and Nondiscrimination due to Racial or Ethnic Origin.
    Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
        The law prohibits discrimination based on race, gender, disability,
    language, or social status, and the Government generally enforced it
    effectively.

        Women.--The law prohibits rape, including spousal rape, and the
    Government effectively enforced the law. It also prohibits violence
    against women, and independent media and government agencies paid close
    attention to gender violence.
        According to judicial statistics, during the second quarter of the
    year, women filed 34,256 complaints of abuse against their husbands,
    male partners, or former partners, an increase of 5.4 percent from the
    first quarter. Immigrant women remained the group most vulnerable to
    gender violence: although they constituted 11.4 percent of the female
    population in the country, they applied for 34 percent of the 9,890
    protection orders during the second quarter of the year.
        During the year 71 women were murdered as a result of domestic
    violence, an increase from 55 in 2009.
        The law establishes prison sentences of six months to a year for
    domestic violence, threats of violence, or violations of restraining
    orders, with longer sentences if serious injuries result. According to
    2009 statistics from the General Counsel of the Judicial Power, 80
    percent of gender-related cases resulted in a conviction.
        More than 50 offices provided legal assistance to victims of
    domestic violence, and there were 454 shelters for battered women. A
    24-hour toll-free national hotline advised battered women on finding
    shelter and other local assistance. As of October the hotline took
    calls in Spanish, French, German, Arabic, Bulgarian, Chinese,
    Portuguese, Romanian, and Russian. During the first six months of the
    year, the hotline received 32,612 calls.
        As of October there were 103 specialized courts dealing exclusively
    with domestic violence cases, an increase from 83 in 2008.
        Female genital mutilation (FGM) is prohibited. In Catalonia the law
    requires that a doctor examine immigrants considered to be in danger of
    FGM when they travel to and from their countries of origin. Parents
    whose children were determined to have been subjected to FGM risked
    losing custody. Catalan regional police had procedures to prevent FGM
    through the early detection of potential victims, immediate reporting
    of possible cases to appropriate authorities, and, when possible,
    preventing the travel of potential victims. Catalan regional police
    prevented the genital mutilation of 55 girls in 2009 and of additional
    21 girls between January and September 2010.
        The law prohibits sexual harassment in the workplace; however,
    harassment was reported to be a problem.
        Couples and individuals decide freely and responsibly the number,
    spacing, and timing of their children and enjoy the information and
    means to do so free from discrimination, coercion, and violence.
    Obstetric and postpartum care is provided under the national health
    plan. According to statistics compiled by the World Health Organization
    in 2009, there were approximately six maternal deaths per 100,000 live
    births in the country. Contraception is easily accessed, including
    emergency contraception, which is available without a doctor's
    prescription.
        Under the law women enjoy the same rights as men, including rights
    under family law, property law, and in the judicial system. The Women's
    Institute worked to ensure the legal rights of women, combat economic
    discrimination, and integrate women into the professional workplace.
    The unemployment rate for women (20.6 percent) continued to be higher
    than for men (19.7 percent). Discriminatory wage differentials
    continued to exist, and women held fewer senior management positions
    than men. According to a June 2010 report from the National Statistics
    Institute, women in the country earned 21.9 percent less than men.
    Access to health care is a fundamental right under the constitution
    regardless of gender, and women had equal access to diagnosis and
    treatment of sexually transmitted infections, including HIV.

        Children.--Citizenship is derived from one's parent. In rare cases
    when a child born within the country does not acquire his or her
    parents' nationality, the country will grant nationality.
        There were reports of child abuse. According to the Ministry of
    Equality, approximately 800,000 children were victims of domestic
    violence, either as witnesses or as direct victims. During the year 15
    children were murdered, four of them as a result of gender-related
    violence.
        In February 2009 the national ombudsman issued a report on the
    mistreatment of children in protection centers for migrant children.
    Although there is no unified registry on the mistreatment of children
    in the country, data provided by the autonomous regions suggested that
    between 15 percent and 18.5 percent of children had been mistreated in
    the various centers. The ombudsman asserted that many of these centers
    violated children's rights and reported incidents of tying up children
    and prohibiting their attendance at school or recreation. The report
    indicated that many institutions practiced isolation measures and that
    75 percent of the institutions administered drugs to minors to
    alleviate agitation. There were reports of children being forced to
    undress for authorities without sufficient justification. Children in
    detention centers complained that they were not allowed sufficient
    visits from family members and that calls they received were not
    private. After visiting 27 of the 58 centers in the country, the
    ombudsman pointed to a lack of staff training and insufficient salary
    as key factors contributing to the alleged mistreatment.
        Following the ombudsman's report, the Ministry of Education
    announced that it would work with the autonomous regions throughout the
    country to draft a common set of regulations for the centers, since
    enforcement is the responsibility of the regional government.
        Trafficking of teenage girls for commercial sexual exploitation
    remained a problem. The minimum age for consensual sex in the country
    is 13. If deceit is used in gaining the consent of a minor under the
    age of 16, an individual can be charged upon parental complaint. The
    law specifically provides that an individual who, by use of deceit,
    commits sexual abuse against a person over the age of 13 but under 16
    will be punished with imprisonment for one to two years or an
    equivalent fine. Nonconsensual sexual abuse is defined as sexual acts
    committed against persons under 13 years, unconscious persons, or
    mentally ill persons.
        The law prohibits child pornography. The penal code criminalizes
    both using a minor ``to prepare any type of pornography material'' and
    producing, selling, distributing, displaying, or facilitating the
    production, sale, dissemination, or exhibition, of ``any type'' of
    child pornography by ``any means.'' Knowingly possessing child
    pornography is also penalized, carrying a potential prison sentence of
    up to one year. The penalty for the production, sale, or distribution
    of pornography in which a child under 18 years of age has been involved
    is imprisonment from one to four years, or up to eight years if the
    child is under 13. During the year approximately 320 persons were
    arrested for crimes related to child pornography through the Internet
    and cell phones.
        Penalties for recruiting children or persons with disabilities into
    prostitution is imprisonment from one to five years (previously it was
    one to four years); if the child is under the age of 13, the term of
    imprisonment is four to six years. The same sentence applies to those
    who seek child prostitutes. The penalty for pimping children or persons
    with disabilities into prostitution is imprisonment from four to six
    years and, if the minor is under 13, the term of imprisonment is five
    to 10 years. The penalty for recruiting children or persons with
    disabilities for child pornography is one to five years' imprisonment;
    if the child is under the age of 13, imprisonment is five to nine
    years. In addition, individuals who contact children under the age of
    13 through the Internet for the purpose of sexual exploitation face
    imprisonment of one to three years.
        The penal code criminalizes the ``abuse and sexual attack of
    minors'' under the age of 13. The penalty for sexual abuse and assault
    of children under the age of 13 is imprisonment from two to 15 years,
    depending on the nature of the crime.
        The country is a party to the 1980 Hague Convention on the Civil
    Aspects of International Child Abduction. For information on
    international parental child abduction, please see the Department of
    State's annual on compliance at http://travel.state.gov/abduction/
    resources/congressreport/congressreport--4308.html as well as country-
    specific information at http://travel.state.gov/abduction/country/
    country--3781.html.

        Anti-Semitism.--According to Jewish community leaders, while
    violence against members of the approximately 48,000-member Jewish
    community was rare, anti-Semitic incidents, including graffiti against
    Jewish institutions, continued.
        On March 1, the media reported that the Israeli Embassy in Madrid
    had received letters from elementary school children from various
    public schools in Madrid accusing Israel of killing children. Israeli
    media accused Spanish schools of inculcating anti-Semitism.
        In March a Barcelona court sentenced Pedro Varela to a 33-month
    prison sentence for distributing materials that justified genocide. He
    was also fined 2,880 euros ($3,860) and ordered to destroy all books
    and objects seized in his bookstore. These included items such as a
    bust of Hitler, a swastika, military hats, pictures, and national
    socialist posters. His store sold books that justified political
    regimes which sought to destroy a racial group and which despised
    Jewish and other minorities.
        On June 9, 19 members of the neo-Nazi group Blood and Honor were
    found guilty of illicit possession of arms and for inciting hate for
    racist and anti-Semitic reasons. As of year's end, they were awaiting
    sentencing and the prosecutor was seeking sentences that ranged from
    two to five years in prison.
        On September 9, as part of an initiative to raise awareness and
    promote tolerance, the Government released its first official report on
    anti-Semitism in the country. The report outlined findings from its
    survey research and highlighted the Government's commitment to combat
    anti-Semitism.
        On November 22-25, the Ministry of Foreign Affairs and Casa
    Sefarad-Israel, in cooperation with Holocaust memorial institutions in
    Germany and France and the Spanish General Counsel of Advocates,
    organized a seminar for 25 leading Spanish jurists concerning the legal
    dimensions of the Holocaust and their implications for the treatment of
    legal issues in the present day. The seminar included meetings with
    German and French experts as well as Spanish diplomats.

        Trafficking in Persons.--For information on trafficking in persons,
    please see the Department of State's annual Trafficking in Persons
    Report at www.state.gov/g/tip.

        Persons With Disabilities.--The law prohibits discrimination
    against persons with physical, sensory, intellectual, and mental
    disabilities in employment, education, access to health care, access to
    information technology and communication, including social media, and
    the provision of other state services, and the Government effectively
    enforced these provisions. The law mandates access to buildings for
    persons with disabilities, and the Government generally enforced these
    provisions; however, levels of assistance and accessibility differed
    between regions. The Ministry of Labor and Social Affairs is
    responsible for protecting the rights of persons with disabilities.
        The law provides for fines for discrimination against disabled
    persons of up to one million euros ($1.3 million). In July 2009 the
    Government adopted its third plan of action for persons with
    disabilities. The program has a 2.5 billion euro ($3.4 billion) budget,
    and the funds are used to provide tax-free pensions and job training
    for disabled persons, as well as to maintain services and build centers
    for the disabled. The plan was intended to further promote the autonomy
    of persons with disabilities and supplement the plan of action for
    women with disabilities (2005-2008) and the first national
    accessibility plan (2004-2012).

        National/Racial/Ethnic Minorities.--There were instances of
    societal violence and discrimination against members of racial and
    ethnic minorities, and the Government undertook efforts to combat the
    problem.
        During the year the Government-sponsored Network of Centers for
    Assisting Victims of Discrimination received 235 complaints of
    discrimination, of which 39 percent were from the African community, 20
    percent from the Romani community, and 17 percent from the Latin
    American community; 24 percent of the complaints were related to
    discrimination based on unequal access to goods and services in both
    the public and private sector, 22 percent were against security forces,
    and 17 percent were related to discrimination in the workplace. The
    2010 Raxen Report of the Movement against Intolerance estimated that
    there were approximately 4,000 racially motivated crimes in the country
    each year and over 200 xenophobic Web sites.
        Groups continued to call for the justice system to adequately
    address the racial component of crimes. The 2010 European Commission
    against Racism and Intolerance (ECRI) report on the country recommended
    that the Government improve its monitoring systems by collecting,
    tracking, and publishing data on acts of racism and racial
    discrimination.
        In October the Barcelona prosecutor for hate crimes and
    discrimination opened a case against the Popular Party's leader in
    Badalona for distributing campaign materials linking ethnic Romani
    immigrants to crime and insecurity. The prosecutor opened a similar
    investigation against the leader of the anti-immigrant Platform for
    Catalonia political party for calling for the expulsion of all Muslims
    from the country.
        In July the Madrid Court sentenced Roberto Alonso de la Varga to 10
    years in prison for a 2007 attack on Miwa Buene, a Congolese citizen,
    that left him a paraplegic. The court deemed that racism was an
    aggravating circumstance.
        Although the Romani population continued to face various forms of
    discrimination, there have been improvements.
        According to the domestic NGO Fundacion Secretariado Gitano (FSG),
    Roma continued to face discrimination in access to employment, housing,
    and education. The Romani community, which the FSG estimated to have a
    population of 650,000, experienced substantially higher rates of
    unemployment, poverty, and illiteracy than the general population.
    During the first six months of the year, the Network of Centers
    received 47 complaints of discrimination from the Romani population. In
    2009 the FSG received 111 complaints of social discrimination from the
    Romani population.
        According to the 2010 ECRI report, some immigrant and Romani
    children experienced discrimination in equal access to education and
    the ECRI had received consistent reports of ``ghetto'' schools of
    immigrant or Romani children and discriminatory practices in admissions
    procedures that enabled publicly funded private schools to pick and
    choose students. The report noted that the Government had taken
    positive steps to address such discrimination by enacting laws to
    regulate and monitor student admissions to public and publicly funded
    private schools.
        The ECRI's 2010 report on the country stated that 85 percent of
    Roma did not complete high school. The FSG annual report in 2009 found
    that 70 percent of Roma over the age of 16 were illiterate and only 30
    percent of Romani children regularly attended school. To counter this,
    the Government agreed on 126 measures to prevent early dropouts.
        According to the 2010 ECRI report on Spain, the Government has
    addressed the social exclusion of Roma in a largely successful manner,
    and Romani organizations reported to the ECRI that the situation of
    Roma had improved considerably over the previous 10 years.
        Acceder, a program aimed at expanding social inclusion through
    labor market integration, promoted equal opportunity for the Romani
    population. The program promoted labor-contract employment as an
    alternative to self-employment and as a vehicle for building social
    inclusion. Approximately 65.5 percent of the 51,173 persons served at
    the program's 48 employment centers since 2000 were Roma, and 50
    percent were women. More than 36,047 work contracts had been signed.
        According to the ECRI's 2010 report, the Government's 2010-12 Plan
    for Roma Development, which was aimed at promoting social inclusion,
    nondiscrimination, and equal treatment, has an annual budget of 6.5
    million euros ($8.7 million).
        During the year the Government sponsored the Network of Centers for
    Assisting Victims of Discrimination, an initiative that consisted of
    eight NGOs representing a wide spectrum of racial and ethnic minorities
    in the country. The network provided support services to victims of
    discrimination in areas such as education, housing, health, and
    employment. Services included access to professionals for legal advice,
    filing police reports and lawsuits, mediation, and conciliation.
        In 2008 the Government adopted a law creating a human rights plan
    of action with 172 measures, many of which related to the abolition of
    racism and intolerance. Specific measures called for the adoption and
    implementation of a strategy to fight racism and xenophobia,
    educational programs for media to combat hostile or discriminatory
    perceptions and stereotypes, and collaboration with public and private
    media on sensitization to and promotion of human rights. The Government
    has completed several of the measures, including the release of a
    comprehensive report that is updated yearly, Evolution of Racism and
    Xenophobia in Spain, and the publication of the Practical Guide for
    Media Professionals: Media Treatment of Immigration Issues.
        According to the ECRI's 2010 report, the country continued to
    develop initiatives based on the 172 measures adopted in 2008,
    including the creation of support resources for victims of
    discriminatory, racist, or xenophobic aggression, analysis of citizens'
    attitudes toward immigration, public awareness campaigns at regional
    and local levels, and training and awareness programs for police.
    Abdelhamid Beyuki, the Spanish member of the ECRI, stated that the
    Government had taken significant steps to combat racism and xenophobia
    and to promote the integration of immigrants. During 2009-2010, the
    Government enacted its transnational project, Living Together: European
    Citizenship against Racism and Xenophobia.

        Societal Abuses, Discrimination, and Acts of Violence Based on
    Sexual Orientation and Gender Identity.--The lesbian, gay, bisexual,
    and transgender (LGBT) community was widely accepted throughout the
    country. LGBT organizations were numerous, and there were no reported
    impediments to their operation.
        From June 25 through July 4, Madrid celebrated Gay Pride,
    culminating in a July 3 parade in which more than one million persons
    participated in a secure celebration. The parade was authorized by
    authorities, and police provided sufficient protection to marchers.

        Other Societal Violence or Discrimination.--There were no reports
    of major societal violence or discrimination against persons with HIV/
    AIDS.
        The controversy regarding official language policies continued,
    with some persons complaining that policies in Catalonia interfered
    with receiving an education in the country's majority language,
    Castilian Spanish. Likewise, there were instances of Catalan speakers
    raising concerns that the Catalan language was not equally favored.
        On December 22, the Supreme Court ruled that Castilian Spanish must
    become a ``vehicular language'' or lingua franca in Catalonia's
    educational system. The decision involved three separate cases of
    Spanish-speaking parents pursuing legal action against the Catalan
    education system. The ruling came during the transition to the new
    Catalan government. Both the outgoing and incoming administrations
    defended the existing education model and maintained that the decision
    pertained to three individual cases and that no changes were needed in
    Catalan language policies. Catalan leaders in favor of the existing
    language-immersion model claimed that students could become equally
    proficient in Catalan and Spanish.
        On September 14, the Catalan parliament approved a decree that will
    require new full-time professors at public and private universities to
    take a language examination before they are hired to prove that they
    have ``C-level'' (medium-high oral and writing communication level)
    proficiency in Catalan. The decree permits universities to exempt full-
    time research staff or professors teaching in a foreign language from
    the requirement. To prevent the loss of talented professors,
    universities can, in some cases, delay the test for up to two years
    after the actual date of hire. Some universities and educators
    criticized the decree as discriminatory, especially if the language of
    instruction is not Catalan.
    Section 7. Worker Rights

        a. The Right of Association.--The law allows workers, including
    foreign and migrant workers, to form and join independent unions of
    their choice without previous authorization or excessive requirements,
    and workers did so in practice. However, military personnel and
    national police forces do not have the right to join unions, and
    judges, magistrates, and prosecutors are not free to join the union of
    their choice.
        Approximately 17.4 percent of the workforce was unionized. The law
    allows unions to conduct their activities without interference, and the
    Government protected this right in practice. The law provides for the
    right to strike, and workers exercised this right by conducting legal
    strikes. Any striking union must respect minimum service requirements
    negotiated with the respective employer.

        b. The Right to Organize and Bargain Collectively.--The law
    provides for collective bargaining, including for all workers in the
    public sector except military personnel, and it was freely practiced.
    Public sector collective bargaining includes salaries and employment
    levels, but the Government retained the right to set these if
    negotiations failed. Collective bargaining agreements were widespread
    in both the public and private sectors, covering approximately 70
    percent of the workforce.
        Employers frequently hired new employees under temporary work
    contracts. The International Trade Union Confederation (ITUC) stated
    that although in theory workers on temporary contracts were covered by
    collective bargaining agreements, in practice more and more workers
    were individually negotiating directly with employers and managers and
    undermining the collective bargaining process. The ITUC further noted
    that 63 percent of temporary workers were immigrants.
        The law prohibits discrimination by employers against trade union
    members and organizers; however, unions contended that employers
    practiced discrimination in many cases by refusing to renew the
    temporary contracts of workers engaging in union organizing.
        There are no special laws or exemptions from regular labor laws in
    the three special economic zones in the Canary Islands, Ceuta, and
    Melilla.

        c. Prohibition of Forced or Compulsory Labor.--The law prohibits
    forced or compulsory labor, including by children; however, there were
    reports that children were trafficked for forced begging. Men were also
    trafficked for forced labor, mainly in agriculture and construction.
    Migrant women and children from Romania and Bulgaria remained
    particularly vulnerable to labor exploitation in agriculture and forced
    begging. Also see the Department of State's annual Trafficking in
    Persons Report at www.state.gov/g/tip.

        d. Prohibition of Child Labor and Minimum Age for Employment.--
    There are laws and policies to protect children from exploitation in
    the workplace, and these laws were generally enforced. However, there
    were reports that children were trafficked for forced begging. Also see
    the Department of State's annual Trafficking in Persons Report at
    www.state.gov/g/tip.
        The statutory minimum age for the employment of children is 16. The
    law also prohibits the employment of persons under the age of 18 at
    night, for overtime work, or in sectors considered hazardous. The
    Ministry of Labor and Social Affairs has primary responsibility for
    enforcement of the minimum age law and enforced it effectively in major
    industries and the service sector. The ministry had difficulty
    enforcing the law on small farms and in family-owned businesses, where
    some child labor persisted. Laws prohibiting child labor were enforced
    effectively in the special economic zones.

        e. Acceptable Conditions of Work.--The national minimum wage of
    633.30 euros ($849) per month generally did not provide a decent
    standard of living for a worker and family. The Ministry of Labor and
    Social Affairs effectively enforced the minimum wage.
        The law provides for a 40-hour workweek, with an unbroken rest
    period of 36 hours after each 40 hours worked. By law overtime is
    restricted to 80 hours per year unless collective bargaining
    establishes a different level. Premium pay is required for overtime.
        The National Institute of Safety and Health in the Ministry of
    Labor and Social Affairs has technical responsibility for developing
    labor standards, and the Inspectorate of Labor has responsibility for
    enforcing the law through inspections and judicial action when
    infractions are found. Unions criticized the Government for devoting
    insufficient resources to inspection and enforcement. Workers have the
    right to remove themselves from situations that endanger health or
    safety without jeopardy to their employment, and authorities
    effectively enforced this right; however, employees with short-term
    labor contracts generally did not understand that they had such legal
    protections.

                                   __________

                                     SWEDEN

        The Kingdom of Sweden is a constitutional monarchy with a
    multiparty parliamentary form of government. The population is
    approximately 9.4 million. Legislative authority rests in the
    unicameral parliament (Riksdag). In national elections in September,
    voters reelected the center-right coalition led by the Moderate Party
    as a minority government. The elections were free and fair. The king is
    the largely symbolic head of state. The prime minister is the head of
    government and exercises executive authority. Security forces reported
    to civilian authorities.
        Reported human rights problems included incidents of use of
    excessive force by police, extended isolation and restricted exercise
    for persons in pretrial detention, government surveillance and
    interference, abuse of women and children, incidents of anti-Semitism,
    trafficking in persons, and anti-Islamic or xenophobic discrimination
    and crimes.
                            respect for human rights
    Section 1. Respect for the Integrity of the Person, Including Freedom
            From:

        a. Arbitrary or Unlawful Deprivation of Life.--There were no
    reports that the Government or its agents committed arbitrary or
    unlawful killings.

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

        c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
    Punishment.--The constitution and law prohibit such practices; however,
    there were reports that police used excessive force.
        The national prosecutor's office for police cases received 4,824
    reports of misconduct during the year. The reports covered all police
    employees, both officers and civilians, and involved incidents that
    occurred on active service and outside of work. The majority of the
    incidents took place while the police employee was on duty, and 15
    percent of the reported cases were accusations that on-duty officers
    had used more violence than the situation required.

        Prison and Detention Center Conditions.--Prison conditions
    generally met international standards, and the Government permitted
    visits by independent human rights observers. However, lengthy pretrial
    detention was a problem.
        Three persons committed suicide while in prison or detention during
    the year. In April the Prison and Probation Service opened an internal
    investigation into the suicide of an Afghan man in the Gavle detention
    center in May 2009. The Council of Europe's Committee for the
    Prevention of Torture (CPT) visited the detention center after the
    incident and questioned why the person had not been admitted to a
    psychiatric clinic.
        According to the Prison and Probation Services, prison and
    detention centers were meant to hold a maximum of 6,990 prisoners and
    detainees. On November 1, the total number of prisoners and detainees
    was 6,567, including juvenile and female prisoners.
        Restrictive conditions for prisoners held in pretrial custody
    remained a problem. According to the Swedish Prison and Probation
    Service, in July approximately 45 percent of pretrial detainees were
    subject to extended isolation or to restrictions on mail delivery or
    exercise. According to authorities they took this step when detainees'
    contact with persons outside the detention center could risk destroying
    evidence or changing statements, thereby imperiling the ongoing
    investigation.
        In December the CPT published the report of its visit to the
    country in June 2009. During the visit the CPT delegation monitored
    conditions in the country's police establishments, prisons, the Swedish
    Migration Board, and psychiatric and juvenile establishments. The
    report expressed concern about the impact of prolonged periods of
    isolation and segregation on the mental health of inmates. For example,
    it noted that 62 of the 136 remand prisoners at the Gothenburg Remand
    Prison were liable to restrictions, some being subjected to periods of
    isolation ranging from six to 18 months. The report stated that the
    overwhelming majority of remand prisoners met by the delegation during
    its visit had been given no explanation of the reasons for the
    restrictions and that many considered the only reason they were
    prohibited from contact with their family members was to ``break''
    them.
        The CPT report also noted that immigration detainees were still
    sometimes held in remand prisons, on occasion for lengthy periods of
    time, after having been removed from centers operated by the Swedish
    Migration Board because of the heightened security risk they presented
    to themselves and others. The CPT believed that a prison is, by
    definition, not an appropriate place to hold persons who are neither
    suspected nor convicted of a crime.
        In January the Government's official response to the report stated
    that the imposition of restrictions on prisoners is an exceptional
    measure rather than the rule.
        Prisoners and detainees had reasonable access to visitors and were
    permitted religious observance. Authorities permitted prisoners and
    detainees to submit complaints to several judicial authorities without
    censorship and to request investigation of credible allegations of
    inhumane conditions. Authorities investigated credible allegations of
    inhumane conditions and documented the results of such investigations
    in a publicly accessible manner. The Government investigated and
    monitored prison and detention center conditions.
        The justice ombudsman, who worked independently from the
    Government, performed 11 prison inspections during the first nine
    months of the year. The national Red Cross and church associations may
    also visit prisoners, but may not monitor or inspect the prisons. The
    justice ombudsman can serve on behalf of prisoners and detainees to
    consider such matters as alternatives to incarceration for nonviolent
    offenders to alleviate overcrowding; addressing the status and
    circumstances of confinement of juvenile offenders; and improving
    pretrial detention, bail, and recordkeeping procedures to ensure that
    prisoners do not serve beyond the maximum sentence for the charged
    offense.
        The construction of 500 new detention and prison cells during the
    year helped mitigate overcrowding.

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

        Role of the Police and Security Apparatus.--The national police and
    the national criminal police are responsible in practice for law
    enforcement and general order within the country. The Security Service
    is responsible for national security related to terrorism, extremism,
    and espionage. The armed forces are responsible for external security.
    The Ministry of Justice provides the funding and the letters of
    instruction for police activities, but it does not control how they
    perform their work. According to the constitution all branches of the
    police are independent authorities. The chancellor of justice, who is a
    nonpolitical civil servant appointed by the Government, acts as the
    Government's ombudsman in the supervision of the police, and takes
    action in cases where the chancellor suspects abuse. In addition, the
    Security and Integrity Commission can review the work of the Security
    Service upon an individual's request and initiate its own
    investigations if the commission suspects that the Security Service has
    collected and used personal data wrongfully.
        The chancellor of justice decided that the National Police Board
    should pay 2,144 kronor and 26,343 kronor (approximately $318 and
    $3,899) respectively, based on verdicts regarding wrongful treatment of
    personal data and wrongful procedures when sequestering a person's
    apartment.
        Civilian authorities maintained effective control over the national
    police and the Security Service, and government authorities had
    effective mechanisms to investigate and punish abuse and corruption.
    There were no reports of impunity involving the security forces during
    the year.

        Arrest Procedures and Treatment While in Detention.--The law
    requires warrants issued by duly authorized officials for arrests, and
    the Government generally respected this requirement in practice.
    Persons can be and are arrested without a warrant if they are caught
    committing a crime or if they are suspected of having committed a crime
    that is being investigated. A person who is believed to be drunk or
    under the influence of drugs and intends to drive any vehicle may be
    arrested without a warrant. Police must file charges within six hours
    against persons detained for disturbing the public order or considered
    dangerous and within 12 hours against those detained on other grounds.
    Police may hold a person for questioning for six hours or up to a
    maximum of 12 hours if necessary for the investigation. After
    questioning, the level of suspicion determines whether the individual
    will be arrested or released. A court order is not needed to hold a
    person for as long as 12 hours. If a suspect is arrested, the
    prosecutor has 24 hours (or three days in exceptional circumstances) to
    request continued detention. An arrested suspect must be arraigned
    within 48 hours, and initial prosecution must begin within two weeks,
    unless extenuating circumstances exist. Authorities generally respected
    these requirements.
        There is no system of bail; however, courts routinely released
    defendants pending trial unless they were considered dangerous or there
    was a risk that the suspect would leave the country. Detainees may
    retain a lawyer of their choice; in criminal cases, the Government is
    obligated to provide an attorney, regardless of the defendant's
    financial situation. Detainees are afforded prompt access to lawyers
    and to family members. A suspect has a right to legal representation
    when the prosecutor requests his detention beyond 24 hours (or three
    days in exceptional circumstances). Prompt access to family members can
    be influenced by the type of crime that the suspect is accused of
    committing. Sometimes a suspect is not allowed any contact with family
    members if it could jeopardize the investigation.
        Following its visit to the country in June 2009, the CPT delegation
    noted that the right of notification of custody was often delayed ``in
    the interests of the investigation'' until a person has been remanded
    to custody by a court. In its January response, the Government stated
    that, under the law, police should notify the close relatives of
    persons whom police have apprehended as soon as possible without
    detriment to the investigation and with the wishes of the apprehended
    person. However, such notice may not be given against the wishes of the
    apprehended person without extraordinary reason.
        The CPT's report also expressed concern about the situation of
    juveniles in police custody, ``who apparently may be questioned without
    the presence of their parents or social welfare representatives.'' In
    its response, the Government stated that the parent or guardian of a
    person less than 18 years of age suspected of an offense for which the
    minimum punishment is imprisonment for at least six months is to be
    immediately informed and invited to police questioning, unless this
    would be detrimental to the inquiry or there are otherwise special
    reasons not to do so. According to the National Police Board, there are
    few exceptions to this rule.

        e. Denial of Fair Public Trial.--The constitution and law provide
    for an independent judiciary, and the Government generally respected
    judicial independence in practice.

        Trial Procedures.--The constitution provides for the right to a
    fair trial, and an independent judiciary generally enforced this right.
    Defendants enjoy a presumption of innocence. Trials are generally
    public. Juries are used only in cases involving freedom of the press or
    freedom of speech. In other cases, judges or court-appointed civilian
    representatives make determinations of guilt or innocence. Cases of a
    sensitive nature, including those involving children, child
    molestation, rape, and national security, may be closed to the public.
    The court system distinguishes between civil and criminal cases.
    Defendants have the right to be present at their trials and to consult
    an attorney in a timely manner. In criminal cases the Government is
    obligated to provide a defense attorney. A ``free evidence'' system
    allows parties to present in court any evidence, regardless of how it
    was acquired. Defendants can confront or question witnesses against
    them and present witnesses and evidence on their behalf, and defendants
    and their attorneys have access to government-held evidence relevant to
    their cases. If convicted, defendants have the right of appeal.

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

        Regional Human Rights Court Decisions.--During the year the
    European Court of Human Rights (ECHR) found four violations by the
    Government of its obligations under the European Convention on Human
    Rights. Of these, two involved the deportation of asylum seekers to
    their native countries, and one dealt with due process. In 2009 the
    ECHR found one violation, involving denial of the right to a fair
    trial, by the Government. According to statistics from the Council of
    Europe for 2009, the latest year for which data is available, the
    Government complied with one judgment of the ECHR within the six-month
    deadline, two after the deadline, and one was late by less than six
    months.

        Civil Judicial Procedures and Remedies.--There is an independent
    and impartial judiciary in civil matters. There is no specific court
    for human rights violations, and human rights cases are tried in the
    general court system. Citizens can appeal to the ECHR in matters
    related to the state.

        f. Arbitrary Interference With Privacy, Family, Home, or
    Correspondence.--The constitution and law prohibit such actions, and
    the Government generally respected these prohibitions in practice.
        The National Defense Radio Establishment (FRA) may monitor
    international cable traffic with the prior approval of a special court.
    Under this law, only government ministries and the armed forces may
    commission surveillance from the FRA. During the year courts issued
    2,216 permits for wiretapping and camera surveillance, an increase of
    44 percent from 2009. The courts denied 11 permit applications.
    Section 2. Respect for Civil Liberties, Including:

        a. Freedom of Speech and Press.--The constitution provides for
    freedom of speech and of the press, and the Government generally
    respected these rights in practice. An independent press, an effective
    judiciary, and a functioning democratic political system combined to
    ensure freedom of speech and of the press.
        The law criminalizes expression considered to be hate speech and
    prohibits threats or expressions of contempt for a group or member of a
    group based on race, color, national or ethnic origin, religious
    belief, or sexual orientation. Penalties for hate speech range from
    fines to a maximum of four years in prison.
        The Sweden Democrats launched a television commercial as part of
    their election campaign that multiple persons reported to the
    chancellor of justice as violating hate speech laws. On October 1, the
    chancellor ruled the case did not involve racial agitation, and no
    further investigation was conducted. The television commercial was
    never aired in its original version, as the television station decided
    it violated its own hate speech rules. In a separate incident, charges
    were filed against the publisher of a Web site affiliated with a
    Swedish neo-Nazi magazine for allowing a reader comment with racial
    slurs to remain on the site. The chancellor of justice concluded that
    the comment amounts to agitation against ethnic groups and filed
    charges against the site's publisher for violating press freedom laws.
    The case was not concluded by the end of the reporting period.

        Internet Freedom.--There were no government restrictions on access
    to the Internet or reports that the Government monitored e-mail or
    Internet chat rooms. Individuals and groups could engage in peaceful
    expression of views via the Internet, including by e-mail. According to
    statistics from the Swedish Post and Telecom Agency, approximately 91
    percent of the country's inhabitants had access to the Internet in
    their homes.
        In the early part of the year, the European Commission filed a
    complaint against the Government for not implementing a directive
    requiring communications providers to retain data specified in the
    directive for a period of between six months and two years. The center-
    right governing coalition has agreed to retain the data for six months,
    but a vote has not yet occurred.

        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.--For a complete description of religious
    freedom, please see the 2010 International Religious Freedom Report at
    www.state.gov/g/drl/irf/rpt

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

        Protection of Refugees.--The country's laws provide for the
    granting of asylum or refugee status, and the Government has
    established a system for providing protection to refugees.
        During the year the UNHCR continued to criticize the Government's
    lengthy turnaround times for asylum applications and its deportation of
    Iraqi refugees.
        The Government denied asylum to persons who had transited other
    European Union (EU) countries or countries with which it maintained
    reciprocal return agreements before arriving in Sweden. It deported
    such persons to those countries. In most instances the persons who were
    deported had passed through, or had asylum determinations pending in,
    other EU countries and were returned in accordance with EU law. The
    Government authorized financial repatriation support for asylum seekers
    who had been denied residence in the country in the amount of 30,000
    kronor ($4,440) per adult and 15,000 kronor ($2,220) per child, with a
    maximum of 75,000 kronor ($11,100) per family. During the year the
    Government provided repatriation support to 1,422 persons, most of them
    of Iraqi origin.
        In 2008 the country established a repatriation agreement with Iraq.
    During the first nine months of the year, the Government forcibly
    repatriated 493 Iraqis. The UN (through the UNHCR) and nongovernmental
    organizations such as Amnesty International criticized the country and
    the migration minister in connection with the forced repatriations.
        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 account of their race, religion,
    nationality, membership in a particular social group, or political
    opinion. Asylum seekers can appeal rulings of the Migration Board to
    two special migration appeals courts. Unsuccessful asylum seekers could
    and did appeal their cases to the ECHR.
        During the year the ECHR issued two decisions against the
    Government involving its treatment of asylum seekers.
        The Migration Board provided temporary protection to 57 individuals
    who did not qualify as refugees.

        Stateless Persons.--Citizenship is derived from one's parents.
    According to UNHCR data, there were 7,758 stateless persons in the
    country in 2009, the last year for which data was available. The large
    number related to the influx of immigrants and the birth of children to
    stateless parents, who remained stateless until one parent acquired
    citizenship. The majority of the stateless population came from the
    Middle East (the Gaza Strip, the West Bank, Lebanon, Syria, and Iraq)
    and Somalia.
        Once stateless persons are granted permanent residence, they may
    obtain citizenship through the same naturalization process as other
    permanent residents. The timeframe for gaining citizenship is generally
    four to eight years, depending on the individual's grounds for
    residency, ability to establish identity, and lack of a criminal
    record.
        There is no legal discrimination against stateless persons in
    employment, education, housing, health services, marriage or birth
    registration, access to courts and judicial procedures, or owning land
    or property.
    Section 3. Respect for Political Rights: The Right of Citizens to
            Change Their Government
        The constitution provides citizens the right to change their
    government peacefully, and citizens exercised this right in practice
    through periodic, free, and fair elections based on universal suffrage.

        Elections and Political Participation.--In the national elections
    in September, citizens elected for a second term the center-right
    coalition led by the Moderate Party. The coalition did not gain a full
    parliamentary majority and is a minority government. The Sweden
    Democrats, a political party advocating strict immigration rules,
    entered into parliament for the first time, having received 5.7 percent
    of the votes and won 20 out of the 349 seats in parliament.
        Political parties operated without restrictions or outside
    interference.
        After the elections in September the number of women in parliament
    decreased for the first time since 1991, from 165 to 157. There were 11
    women in the 24-member cabinet.
        No official statistics on minority representation in government
    were available because the law prohibits the Government from holding
    information about the racial or ethnic background of its citizens.
    However, media reports stated that the number of immigrant
    parliamentarians increased in the September elections.
    Section 4. Official Corruption and Government Transparency
        The law provides criminal penalties for official corruption, and
    the Government generally implemented these laws effectively. A special
    unit in the prosecutor's office worked on cases involving corruption.
    In September an additional prosecutor was added to the unit, which
    initiated 30 investigations during the year, resulting in 28 persons
    being prosecuted. Public officials and political parties are subject to
    financial disclosure laws.
        The constitution and law provide for public access to government
    information, and the Government generally granted access in practice to
    citizens and noncitizens, including foreign media. The public has the
    right of access to government documents unless they are subject to
    secrecy laws, according to which information may be withheld if its
    release poses a threat to national security or to individual or
    corporate privacy.
    Section 5. 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. At the national level,
    the country has seven ombudsmen: four justice ombudsmen; the chancellor
    of justice; the children's ombudsman; and the discrimination ombudsman
    with responsibility for ethnicity, gender, transsexual identity,
    religion, age, sexual orientation, and disabilities. There are normally
    ombudsmen down to the municipal level as well. The ombudsmen enjoyed
    the Government's cooperation and operated without government or party
    interference. They had adequate resources and were generally considered
    effective. The children's ombudsman published a report on the
    conditions at the country's special child and youth care institutions.
    The discrimination ombudsman published three reports, on indicators for
    human rights, discrimination in the housing market, and experiences
    from discriminations. Government officials often were cooperative and
    responsive to the views of the ombudsmen.
    Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
        The constitution and law prohibits discrimination based on race,
    gender, age, disability, language, social status, or sexual
    orientation.
        On September 30, after the Government amended the country's
    antidiscrimination laws, the European Commission ended legal
    proceedings against the country for incorrectly implementing EU rules
    on equal treatment in employment on the basis of religion, belief,
    disability, age, and sexual orientation. The new law against
    discrimination merges a scattered number of discrimination laws into
    one. It also establishes new grounds for financial compensation.

        Women.--Rape, including spousal rape, is illegal, and the
    Government enforced the law effectively. The law stipulates more severe
    penalties for repeated crimes and for cases in which the perpetrator
    had a close relationship to the victim. Penalties range from two to 10
    years in prison. The National Council for Crime Prevention (NCCP)
    reported 5,860 rapes during the year, compared with 6,084 in 2009.
        The NCCP reported approximately 27,200 cases of assault against
    women during the year. During the same period, 333 lethal crimes were
    reported, but figures confirming how many of these were homicides,
    accidents, or natural deaths were not available at the end of the
    reporting period. Authorities apprehended and prosecuted abusers in
    most cases.
        The law provides victims with protection from contact with their
    abusers. When necessary, authorities helped victims to protect their
    identities or obtain new identities and homes. According to official
    statistics, approximately 1,000 persons, mostly women, received such
    services. Both national and local governments helped fund volunteer
    groups that provided shelter and other assistance for abused women.
    Both private and public organizations ran shelters and operated
    hotlines.
        Official figures showed that 27 percent of girls and women with a
    non-Swedish background faced restrictions at home that could be seen as
    honor related. In real numbers, this represented approximately 100,000
    girls and women. The NCCP determined that the Government's strategy to
    deal with men's violence against women overall improved the quality of
    the Government's services. Honor-related violence exclusively involved
    immigrants from Muslim countries; police concentrated on educating
    police officers and prosecutors to increase awareness of the problem
    and improve its detection and prevention. During the year county
    administration boards used a grant of 36 million kronor ($5.3 million)
    from the Ministry for Integration and Gender Equality to work against
    honor-related oppression. At year's end there were no reports of the
    results of these programs.
        The Ministry for Foreign Affairs continued to encourage citizens to
    report suspicions of sex tourism to the country's diplomatic missions
    abroad. A police criminal investigator was stationed in Bangkok to
    provide liaison between Nordic authorities, and police in Laos,
    Vietnam, Cambodia, and the Philippines.
        The law prohibits sexual harassment, and the Government generally
    enforced this law in practice. Employers who do not investigate and
    intervene against harassment at work may be liable for damages to the
    victim. There are no criminal penalties for this crime.
        Couples and individuals have the right to decide freely and
    responsibly the number, spacing, and timing of their children and to
    have the information and means to do so free from discrimination,
    coercion, and violence. There was easy access to contraception.
    According to data from the UN Population Fund for 2008, the latest year
    for which data is available, 75 percent of the country's women used
    some method of birth control, of which 65 percent used modern methods,
    including male and female sterilization, IUD, the pill, injectables,
    hormonal implants, condoms, and female barrier methods. The maternal
    mortality rate was estimated to be five per 100,000 live births. Access
    to prenatal care, maternal health services, including skilled
    attendance during childbirth, was widely available, as was access to
    essential obstetric and postpartum care and family planning practices.
    Women were diagnosed and treated for sexually transmitted infections,
    including HIV, equally with men.
        Women enjoy the same legal rights as men, including rights under
    family law, property law, and in the judicial system. Some sectors of
    the labor market, including the financial sector and high-ranking
    positions in both the public and private sectors, still showed
    significant gender disparities in terms of salaries, especially in
    male-dominated occupations. Women's salaries averaged approximately 85
    percent of men's, adjusting for age, education, and occupational
    differences.
        The discrimination ombudsman investigated complaints of gender
    discrimination in the labor market. Complaints could also be filed with
    the courts or with the employer. Labor unions generally mediated in
    cases filed with the employer. There were 39 discrimination complaints
    related to pregnancy during the year.
        In 2009 the Government appointed a committee to promote gender
    equality in higher education. With a budget of 60 million kronor ($8.9
    million) until the end of the year, the committee focused on combating
    gender-based subject choices and reversing the trend toward fewer male
    students in higher education. It also addressed gender differences in
    terms of study rates, dropout rates, propensity to complete a degree,
    career opportunities in research, and representation at executive
    levels in higher education. The committee funded 37 projects at
    educational institutions in the country. The committee found that
    providing educational institutions with qualitative goals for the most
    part increased gender equality. Suggestions included a yearly equality
    bonus to institutions that demonstrate gender equality and a more
    supportive role by the Swedish National Agency for Higher Education in
    the field of equality.

        Children.--Citizenship is derived from one's parents. Children born
    in the country are registered in the tax authority's population
    register.
        Child abuse was a problem. The NCCP reported 11,530 cases of abuse
    of children under the age of 15 during the year, an increase of 4
    percent compared with 2009. The NCCP reported 2,530 cases of child rape
    of children under the age of 18 during the year, compared with 1,911
    reported cases in 2009.
        The law prohibits parents or other caretakers from abusing children
    mentally or physically. Parents, teachers, and other adults are subject
    to prosecution if they physically punish a child, including slapping or
    spanking. Children have the right to report such abuses to police. The
    usual sentence for such an offense is a fine combined with counseling
    and monitoring by social workers. Authorities may remove children from
    their homes and place them in foster care. On December 1, the
    parliament approved a strategy aimed at strengthening the rights of
    children.
        The law criminalizes ``contact with children for sexual purposes,''
    including Internet contact intended to lead to sexual assault. It
    covers children under 15; penalties range from fines to one year in
    prison. The minimum age for consensual sex is 15. The law prohibits
    child pornography; penalties range from fines to six years in prison.
        The law prohibits the repatriation of foreign children if they lack
    proper documents to prove their identity and national origin. The
    migration board turned children arriving in the country alone over to
    social services in their municipality of residence, where a legal
    guardian was appointed to assist them. In June the UN Committee on the
    Rights of the Child expressed concern over the authorities' failure to
    sufficiently consider the best interests of children seeking asylum and
    the large number of unaccompanied children disappearing from reception
    centers. In November the Government announced it would form a
    commission to review the system for dealing with unaccompanied asylum-
    seeking children and their housing needs.
        The country is a party to the 1980 Hague Convention on the Civil
    Aspects of International Child Abduction. For information on
    international parental child abduction, please see the Department of
    State's annual report on compliance at http://travel.state.gov/
    abduction/resources/congressreport/congressreport--4308.html, as well
    as country-specific information at http://travel.state.gov/abduction/
    country/country--3781.html.

        Anti-Semitism.--Leaders of the Jewish community estimated that
    there were 20,000 Jews in the country. Several anti-Semitic incidents
    were reported in Malmo and Stockholm, including rocks thrown at a
    Jewish community center and two bomb threats. In conjunction with the
    Gaza flotilla incident on May 31, leaders of the Jewish community
    reported that several of its members received threats via e-mail, text
    messages, and telephone calls. Anti-Semitic statements increased in
    blogs and Internet forums.
        In January the regional newspaper, Skanska Dagbladet, ran a series
    of articles on the Jewish community in Malmo. In response, Mayor Ilmar
    Reepalu reportedly asserted that Malmo's Jews bore part of the
    responsibility for the attacks against the community since they failed
    to criticize Israel's action in Gaza in 2009 and added, ``We accept
    neither anti-Semitism nor Zionism.'' Reepalu subsequently claimed he
    was deliberately misquoted. However, on February 21, the British Sunday
    Telegraph quoted Reepalu as saying, ``There have been no attacks on
    Jews and, if Jews here [in Malmo] want to move to Israel, they are free
    to do so.'' Reepalu faced heavy criticism. After meeting with the
    Jewish community, Reepalu stated he realized the seriousness of the
    situation with hate crimes against Jews in Malmo.
        During the year the newspaper Dagens Nyheter reported that
    ``furious'' Swedish climbers were demanding changes to the names of
    rock-climbing routes in the Jarfalla area, some of which bore names
    related to Nazis and the Holocaust, such as ``Himmler,''
    ``Kristallnacht,'' ``Third Reich,'' ``Crematorium,'' and ``Swastika.''
    Most of these nicknames were given between 1987 and 2001, but the press
    only picked up the story during the year. One of the climbers involved
    in the original naming told the press that he picked the name because
    he thought the route was ``horrible'' and had to be ``defeated.''
    Despite general agreement--including from the Swedish climbing
    community--that the names were offensive, the private publishers of the
    climbing guide have not yet changed them. By custom, climbers who blaze
    routes name them, sometimes leading to highly insensitive monikers
    across the world, including in North America.
        The Swedish Civil Contingencies Agency cooperated with religious
    communities on a national level to promote dialogue and to prevent
    conflicts leading to anti-Semitic incidents. In June the NCCP presented
    its annual study on hate crimes in 2009, including anti-Semitic, anti-
    Islamic, and other religion-related hate crimes. In 2009 there were 591
    reports of hate crimes involving religion, of which 250 were anti-
    Semitic crimes (42 percent of religion-related hate crimes), up from
    159 in 2008. Of the hate crimes involving religion in 2009, 15 percent
    reportedly had a white-supremacist motive, an increase of 3percent from
    2008.
        The NCCP's report stated that crimes against persons and damage of
    property/graffiti were the most common offenses related to religion.
    The most frequent anti-Semitic crimes were against persons with 130
    reported incidents in 2009. According to the report, 28 percent of
    anti-Semitic crimes were ideologically motivated. Religious hate crimes
    more frequently occurred in religious places or at home. The victim
    rarely knew the perpetrator, and the majority of both suspects and
    victims were men. By March police completed investigation of 50 percent
    of the hate crimes involving religion that were reported during 2008.
    Approximately 2percent of these hate crimes were still under
    investigation, and police dropped 48 percent for lack of evidence or
    failure to meet the standards of a hate crime.
        Representatives from the national unit to train police officers to
    detect hate crimes visited high schools to raise awareness of hate
    crimes and encourage more victims to report abuses. Information for
    victims of hate crimes was available in several languages, and
    interpreters were provided to facilitate reporting. In March the Skane
    police appointed a special investigator for hate crimes in each of the
    five subregions within the Skane police district.

        Trafficking in Persons.--For information on trafficking in persons,
    please see the Department of State's annual Trafficking in Persons
    Report at www.state.gov/g/tip.

        Persons With Disabilities.--The law prohibits employers from
    discriminating against persons with physical, sensory, intellectual,
    and mental disabilities in hiring decisions and prohibits universities
    from discriminating against students with disabilities in making
    admissions decisions. No other specific law prohibits discrimination
    against persons with disabilities. The discrimination ombudsman is
    responsible for protecting the rights of persons with disabilities.
        The law on discrimination does not cover accessibility. Regulations
    for new buildings require full accessibility. Similar requirements
    exist for some, but not all, public facilities; many buildings and some
    means of public transportation remained inaccessible.
        The number of reports of discrimination against persons with
    disabilities increased during the year. There were 965 reports of
    governmental discrimination against persons with disabilities in
    employment, education, access to health care, or the provision of other
    state services; most of the cases involved lack of access to public
    buildings. Difficulty in accessing apartments, restaurants, and bars
    generated the most frequent reports of societal discrimination against
    persons with disabilities. Many cases were handled by mediation
    procedures rather than through formal court hearings.

        National/Racial/Ethnic Minorities.--Approximately 1.3 million
    persons in the country were foreign-born, with the largest groups
    originating from Finland, the former Yugoslavia, Iraq, and Iran.
    According to figures from Statistics Sweden, 98,801 persons immigrated
    to the country during the year.
        In October 2009 the chancellor of justice decided to prosecute a
    man for incitement to racial hatred for distributing stickers that
    stated, ``Swedish women are being raped. What are you doing about it?''
    and portrayed a rapist of foreign origin with a rope around his neck.
    On April 13, the chancellor decided not to initiate a pre-
    investigation.
        Police registered reports of xenophobic crimes, some of which were
    related to neo-Nazi or white-power ideology. Police investigated and
    the district attorney prosecuted race-related crimes. Official
    estimates placed the number of active neo-Nazis and white supremacists
    at approximately 1,500. Neo-Nazi groups operated legally, but courts
    have held that it is illegal to wear xenophobic symbols or racist
    paraphernalia or to display signs and banners with inflammatory symbols
    at rallies, since the law prohibits incitement of hatred against ethnic
    groups.
        Anti-Islamic behavior is a growing problem that affects both Arab
    and Somali immigrants. Although nationwide statistics for 2010 were not
    yet available, police from Skane, the region in southern Sweden where
    many of the anti-Islamic incidents occurred, reported anti-Islamic hate
    crimes increased more than 500 percent, from seven in 2009 to 45 in
    2010. In 2009, 194 of the hate crimes committed were anti-Islamic
    crimes (33 percent of religion-related hate crimes), down from 272 in
    2008.
        The most frequent anti-Islamic crimes were crimes against persons,
    with 129 reported incidents in 2009, and 31 reported cases of agitation
    against an ethnic group. According to the report, 1 percent of anti-
    Islamic crimes were ideologically motivated.
        During the year there were reported shootings of mosques throughout
    the country. The Muslim community has reported several of its members
    have been verbally harassed, and derogatory graffiti has been found on
    mosque walls.
        The discrimination ombudsman received 760 complaints regarding
    discrimination due to ethnicity during the year.
        The Government estimated the Romani population at approximately
    50,000. There is a special delegation for Romani problems consisting of
    representatives of Romani origin, experts on Romani problems, and
    representatives from Romani associations. The delegation worked to
    improve the situation of Roma in society and addressed such problems as
    social, political, and economic discrimination. In July the delegation
    reported that a majority of Roma lived as outcasts, unemployment
    reached 80 percent, elementary education was rare, and average life
    expectancy was significantly lower than the country's average.
        The discrimination ombudsman handled 12 mediation and court cases
    involving Roma during the year. On June 14, the discrimination
    ombudsman reached a conciliated settlement in a case in which a Romani
    woman accused a property owner for ``not wanting Roma to buy apartments
    among his properties.'' The woman received 25,000 kronor ($3,700) in
    compensation. As of September, authorities had deported at least 38
    Roma from the Stockholm region. Civil rights defenders and Council of
    Europe Commissioner for Human Rights Thomas Hammarberg, referring to
    the poor conditions to which they were forced to return, criticized the
    Government and the Migration Board for deporting Roma to Romania and,
    in particular, to Kosovo.
        The law recognizes Sami (formerly known as Lapps), Swedish Finns,
    Tornedal-Finns, Roma, and Jews as national minorities. The Government
    supported and protected minority languages by law.

        Indigenous People.--The approximately 20,000 Sami in the country
    were represented by a 31-member Sami-elected administrative authority
    called the Sami parliament. Sami are not represented as a group in the
    country's parliament, but as full citizens, they have the right to vote
    in the country's elections and to participate in the Government,
    including the country's parliament if elected or appointed. The Sami
    parliament acts as an advisory body to the Government and has limited
    decision-making powers in matters related to preserving the Sami
    culture, language, and schooling. The national parliament and
    government regulations govern the Sami body's operations.
        Longstanding tensions between Sami and the Government over land and
    natural resources persisted, as did tensions between Sami and private
    landowners over reindeer grazing rights. Certain Sami have grazing and
    fishing rights, depending on their tribal history. Sami continued to
    press the Government for exclusive access to grazing and fishing,
    although the Sami parliament focused more on the preservation of the
    Sami culture than on exploitation of natural resources.

        Societal Abuses, Discrimination, and Acts of Violence Based on
    Sexual Orientation and Gender Identity.--During the year there were
    isolated incidents of societal violence and discrimination against
    homosexual conduct. For 2009 the NCCP reported 1,090 hate crimes based
    on sexual orientation, 1,060 with a homophobic, biphobic, or
    heterophobic motive, and 30 with a transphobic motive.
        In July the annual weeklong Gay Pride Festival took place in
    Stockholm. A government working group promotes equal rights for
    lesbian, gay, bisexual, and transgender persons.

        Other Societal Violence or Discrimination.--There were no reports
    of discrimination against persons with HIV/AIDS.
    Section 7. Worker Rights

        a. The Right of Association.--The law entitles all workers,
    including armed forces and police, to form and join independent unions
    of their choice without previous authorization or excessive
    requirements, and workers exercised this right in practice. An
    estimated 75 percent of the five million-person workforce belonged to
    trade unions. The law allows unions to conduct their activities without
    interference, and the Government protected this right in practice.
        The law also provides for the right to strike as well as for
    employers to organize and conduct lockouts; workers and employers
    exercised these rights in practice. Public sector employees enjoy the
    right to strike, subject to limitations in the collective agreements
    protecting the public's immediate health and security.

        b. The Right to Organize and Bargain Collectively.--The law
    provides for collective bargaining, and workers exercised this right in
    practice. Approximately 80 percent of the workforce was covered by
    collective bargaining agreements. The law prohibits antiunion
    discrimination, and there were few reports that it occurred during the
    year.
        There are no special laws or exemptions from regular labor laws in
    the country's foreign trade zones.

        c. Prohibition of Forced or Compulsory Labor.--The law prohibits
    forced or compulsory labor, including by children; however, there were
    reports that such practices occurred. Children were in some cases
    forced to beg or commit petty theft. Also see the Department of State's
    annual Trafficking in Persons Report at www.state.gov/g/tip.

        d. Prohibition of Child Labor and Minimum Age for Employment.--
    There are laws and policies (including those on acceptable working
    conditions) to protect children from exploitation in the workplace, and
    the Government effectively implemented these laws and policies in
    practice. The law permits full-time employment from the age of 16 under
    the supervision of local authorities. Employees under the age of 18 may
    work only during the daytime and under supervision. Children as young
    as 13 may work part time or perform light work with parental
    permission. Union representatives, police, and public prosecutors
    effectively enforced these restrictions.
        Children continued to be trafficked for forced begging and petty
    theft. Also see the Department of State's annual Trafficking in Persons
    Report at www.state.gov/g/tip.

        e. Acceptable Conditions of Work.--There is no national minimum
    wage law. Wages were set by annual collective bargaining agreements.
    Nonunion establishments generally observed these contracts as well.
    Substantial benefits (for example, childcare) provided by social
    welfare entitlement programs assured even the lowest-paid workers and
    their families a decent standard of living.
        In 2009, following a poor berry season, approximately 200 Thai
    seasonal berry pickers returned home with work-related debts incurred
    in Thailand. As a result, in January berry pickers were given the same
    visa status as other temporary workers, and the regulations surrounding
    their employment in Sweden improved. Under the new regulations, the
    employer--whether foreign or domestic--must offer conditions of
    employment that are on par with the country's collective agreements and
    the work must be on such a scale that the workers earn a minimum wage
    of 16,372 kronor ($2,423) a month. However, even with the new
    regulations, several problems occurred during the year, mostly due to
    the failure of foreign companies that provided foreign workers to
    Swedish companies on contract to respect the conditions of employment.
    In one case involving a domestic employer, a group of Vietnamese
    workers locked up five managers in protest of not receiving pay
    according to the contract, partly due to a lower supply of berries than
    promised by the employer. The Vietnamese workers were not arrested and
    were allowed to leave Sweden. In September, due to another poor berry
    harvest, many foreign workers allegedly did not earn the money promised
    by foreign companies and faced difficulties returning home. The Swedish
    Red Cross and other local charities helped some pay for their return
    airfare.
        The legal standard workweek is 40 hours or less. Both the law and
    collective bargaining agreements regulate overtime and rest periods.
    The maximum allowable overtime per year is 200 hours. The amount of
    overtime compensation was normally regulated by the collective
    agreement; it varied by workplace and could also depend on whether the
    overtime occurred during the regular workweek, during a weekend, or on
    a bank holiday. Payment for overtime could take the form of money or
    time. The law requires a minimum period of 36 consecutive hours of
    rest, preferably on weekends, during a period of seven days. The law
    also provides employees with a minimum of five weeks' paid annual
    leave. The Government effectively enforced these standards.
        The Work Environment Authority, a government-appointed board,
    issued occupational health and safety regulations, and trained union
    stewards and safety ombudsmen. Government inspectors monitored them.
    Safety ombudsmen have the authority to stop unsafe activity immediately
    and call in an inspector. These rules were effectively enforced. In law
    and practice, workers can remove themselves from situations that
    endangered their health or safety without jeopardizing their
    employment.

                                   __________

                                  SWITZERLAND

        The Swiss Confederation, population 7.9 million, is a
    constitutional republic with a federal structure. Legislative authority
    resides in a bicameral parliament (Federal Assembly), consisting of the
    Council of States and the National Council. Free and fair elections to
    parliament took place in 2007. Parliament chooses the executive
    leadership (the Federal Council), which during the year consisted of a
    coalition of five parties. Security forces reported to civilian
    authorities.
        There were reports that police at times used excessive force,
    occasionally with impunity. Other human rights problems were lengthy
    pretrial detention, instances of societal discrimination against
    Muslims, anti-Semitic incidents, violence against women, trafficking in
    persons, and discrimination against minorities.
                            respect for human rights
    Section 1. Respect for the Integrity of the Person, Including Freedom
            From:

        a. Arbitrary or Unlawful Deprivation of Life.--There were no
    reports that the Government or its agents committed any politically
    motivated killings; however, security forces shot and killed one person
    during the year.
        On the night of April 18, a group of young men from France stole
    three cars in the canton of Fribourg. When the stolen vehicle
    approached a police roadblock at high speed, one officer fired seven
    shots. Five bullets hit the car killing an 18-year-old passenger. The
    investigative judge from Fribourg opened a criminal investigation for
    homicide but left open the possibility that the charge might be reduced
    to involuntary manslaughter depending on the information developed. The
    case was pending at year's end.

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

        c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
    Punishment.--The constitution prohibits such practices; however, there
    were reports that individual police officers occasionally used
    excessive force.
        A report published on May 25, by the UN Committee Against Torture
    (UNCAT) referred to allegations of police misconduct involving the use
    of excessive force against foreigners, especially in asylum detention
    centers and during deportation operations. The committee noted that
    only a minority of complaints of violence or mistreatment by the police
    resulted in prosecutions or charges, and few resulted in compensation
    being offered to victims or their families. The UNCAT recommended the
    Government ensure that each canton create an independent mechanism
    empowered to investigate allegations of police violence.
        The UNCAT also noted that the law regulating the use of force by
    federal and cantonal police performing duties on behalf of the federal
    government does not provide for the presence of human rights observers
    or independent physicians during deportation flights. An amendment to
    the Foreign National Act to include the creation of an effective forced
    return monitoring system as required by the European Community's Return
    Directive was scheduled to enter into force on January 1, 2011.
    Authorities investigated and prosecuted a number of cases of alleged
    mistreatment by police officers.
        On October 12, the Federal Court confirmed the verdict of the
    cantonal Court of Neuchatel against a police officer for negligent
    injury during an August 2007 incident. While arresting a suspect, the
    police officer involved applied handcuffs too tightly, causing nerve
    damage in the individual's hands. The court fined the police officer
    and required him to pay court costs of 4,000 Swiss francs ($4,269).
        On October 15, three police officers from Lausanne were acquitted
    of charges of abuse of authority, assault, and causing bodily harm by
    negligence during a 2008 interrogation of two young men suspected of
    having set fire to a police van. One of the men alleged he was
    physically accosted, while the second stated he was bitten on the arm
    by a police dog and sprayed with pepper spray by a police officer. The
    president of the court determined that the police had acted
    appropriately and exercised proportionate use of force in the context
    of the inquiry. The president stated that the second individual had
    created a dangerous situation by not keeping his distance from the
    police dog despite clear orders from the police.
        In a second trial on December 12, the Lausanne District Court
    dropped all charges against five police officers accused of assaulting
    and abusing a 16-year-old Eritrean youth in 2006 due to the
    complainant's lack of credibility. The court's finding confirmed an
    initial January 2009 court decision. The boy charged that police had
    originally arrested him for insulting a police officer and later
    released him in a wooded area, where one of the officers allegedly
    sprayed him with pepper spray.

        Prison and Detention Center Conditions.--Prison and detention
    center conditions generally met international standards, and the
    Government permitted visits by independent human rights observers.
        On March 10, a Nigerian asylum applicant who had been denied asylum
    died at the Zurich airport while awaiting forcible repatriation to
    Nigeria. An ensuing official report concluded that the death was the
    result of an existing heart condition and revealed that the asylum
    seeker had been on hunger strike for 45 days prior to the deportation.
    Following the incident, the Federal Office for Migration suspended all
    deportation flights and paid the individual's family 50,000 Swiss
    francs ($53,362). Zurich's general prosecutor was investigating the
    case at year's end.
        On March 11, Skander Vogt, a detainee in the Bochuz Prison in the
    canton of Vaud, died of smoke inhalation after setting fire to his
    mattress. Transcripts of phone conversations between prison officials,
    police, and rescue services published by the media showed that prison
    staff delayed intervening until the arrival of special police units. By
    the time the special unit opened the door to his cell, Vogt had died.
    At the end of the year, an investigative judge closed the independent
    investigation due to lack of sufficient evidence of any wrongdoing by
    the medical staff, the supervisors, or the prison's director. In
    addition to this case, there were isolated suicides in prisons and
    detention centers.
        During the year 6,181 persons were in prison or detention centers
    (31 percent were remanded for custody, 61 percent for convicted crimes,
    6percent under compulsory measures in accordance with the federal law
    on foreigners, and 2 percent for other reasons). Of the total, 347 were
    women (5.6 percent) and 39 were juveniles (0.6 percent).
        The occupancy rate of detention facilities was 92.5 percent during
    the year; however, prison overcrowding continued to be a serious
    problem in such major urban areas as Zurich, Bern, and Geneva. Geneva's
    Champ-Dollon Prison was the country's most crowded; designed for a
    maximum of 270 occupants, the prison housed 600 during the year.
        According to statistics released in 2009 by the Federal Department
    of Justice, the number of minors in preventive detention increased by
    20 percent between 2005 and 2008. Of the minors in preventive
    detention, 998 were males between the ages 15 to 18 years, and 165 were
    females. There were also 48 minors under 15.
        Prisoners and detainees had reasonable access to visitors and were
    permitted to observe and practice their respective religions. They were
    allowed to submit complaints to judicial authorities without censorship
    and to request investigation of credible allegations of inhumane
    conditions. Authorities investigated such allegations.
        The penal code states that police authorities may only detain young
    offenders for a minimal period but does not explicitly state the
    length. It also requires that juvenile offenders be held in reform
    schools or separate wings of prisons where they can receive educational
    support; however, a study by the Justice Ministry published in 2007
    found that during investigative detention juveniles often were held
    with adults and kept in prisons rather than reform schools.
        In October 2009 the Federal Council appointed an independent 12-
    person National Commission for the Prevention of Torture with a mandate
    to undertake regular visits and inspections of conditions in prisons
    and detention facilities. The commission visited detention centers in
    the canton of Valais on May 27 and 28 and the Hindelbank Women's
    Detention Center in the canton of Bern on June 11 and 12.
        The Government permitted independent monitoring of prison
    conditions by local and international human rights groups, the media,
    and the International Committee of the Red Cross. There was no
    ombudsman at the national level, but a number of cantons instituted
    cantonal ombudsmen and mediation bodies, which served on behalf of
    prisoners and detainees to address the conditions and circumstances of
    their detention.
        At the end of August, authorities inaugurated a new wing with 40
    cells at the Bellechasse Prison in Fribourg. The canton of Geneva,
    whose prisons were the most crowded, began construction of a new penal
    institution for the treatment of mental disorders and for confinement
    in November 2009. Other projects in Geneva included extension of the
    existing Champ-Dollon Prison, which started on November 29, and La
    Brenaz Prison. On February 2, the canton of Vaud selected the project
    for the construction of a new juvenile prison center in Palezieux,
    designed to accommodate offenders from the French-speaking part of the
    country, with a scheduled completion date of 2013. Authorities in the
    canton of Zurich constructed new prisons for juveniles 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.--Civilian authorities
    maintained effective control over police forces, which the cantons
    primarily organized and administered with federal coordination. The
    Federal Office of Police, in addition to performing coordination and
    analytical functions, can pursue its own investigations under the
    supervision of the attorney general in cases of organized crime, money
    laundering, and corruption. The Government has effective mechanisms to
    investigate and punish abuse; however, in past years there have been
    some allegations of impunity.

        Arrest Procedures and Treatment While in Detention.--By law
    criminal suspects must be apprehended on the basis of warrants issued
    by a duly authorized official unless police are responding to a
    specific and immediate danger. In most cases authorities may not hold a
    suspect longer than 24 hours before presenting him to a prosecutor or
    investigating magistrate who must either bring formal charges or order
    the detainee's release; however, asylum seekers and other foreigners
    without valid documents may be detained up to 96 hours without an
    arrest warrant. There is a functioning bail system, and courts granted
    release on personal recognizance or bail unless the magistrate believed
    the person charged to be dangerous or a flight risk. A suspect may be
    denied legal counsel at the time of detention and initial questioning
    but has the right to choose and contact an attorney before charges are
    brought. The state provides free legal assistance for indigents charged
    with crimes for which imprisonment would be a possible punishment.
    Access to family members may be restricted to prevent tampering with
    evidence, but law enforcement authorities are required to inform close
    relatives promptly of the detention.
        In some cases, lengthy pretrial detention was a problem. In 2009
    approximately one-third of all prisoners were in pretrial detention,
    and the average length of such detention was approximately 50 days. All
    cases of prolonged pretrial detention are subject to review by higher
    judicial authorities. The country's highest court has ruled that
    pretrial detention must not exceed the length of the expected sentence
    for the crime for which a suspect is charged.

        e. Denial of Fair Public Trial.--The constitution provides for an
    independent judiciary, and the Government generally respected judicial
    independence in practice.

        Trial Procedures.--The constitution provides for the right to a
    fair trial, and the judiciary generally enforced this right.
        Defendants enjoy a presumption of innocence. Trials are public.
    Juries are used only in the most serious cases, including murder.
    Defendants have the right to be present and to consult with an attorney
    in a timely manner, and an attorney is provided at public expense if
    defendants face serious criminal charges. Defendants have the right to
    confront or question witnesses and to present witnesses and evidence.
    They have the right to appeal, ultimately to the highest court, the
    Federal Tribunal. Authorities generally respected these rights in
    practice and extended them to all citizens.
        The military penal code requires that war crimes and violations of
    the Geneva Conventions be prosecuted only when defendants have close
    ties with the country. Normal civilian rules of evidence and procedure
    apply in military trials. The military penal code allows the appeal of
    any case, ultimately to the Military Supreme Court. Any licensed
    attorney may serve as a military defense counsel, but in most cases,
    defendants used attorneys assigned by the courts. Under military law,
    the Government pays for defense costs. Civilians charged with revealing
    military secrets, such as classified military documents or classified
    military locations and installations, may be tried in military courts.

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

        Regional Human Rights Court Decisions.--On June 10, the European
    Court of Human Rights (ECHR) ruled that the state had violated Article
    5 of the European Convention on Human Rights in the case Borer v.
    Switzerland. In 1997 the applicant was sentenced to 11 years in prison
    for murder and theft and was ordered to undergo psychotherapeutic
    treatment. During his incarceration he demonstrated severe mental
    problems and refused psychotherapy. Upon completion of his sentence in
    2006, the applicant was kept in detention because of the high risk of
    his becoming a repeat offender. The ECHR ruled that the provisional
    detention after completion of the applicant's sentence had no specific
    legal basis and that authorities had violated the applicant's right to
    liberty and security under the European convention.
        On June 10, in the case Schwizgebel v. Switzerland, the ECHR ruled
    that the refusal to authorize adoption mainly on account of the
    applicant's age was not discriminatory. After adopting a first child in
    2002, the applicant complained that the authorities prevented her from
    adopting a second child because of her age. She claimed that at the age
    of 47 she had been subject to discrimination as compared with other
    women who were able to give birth. The ECHR ruled that authorities had
    considerable discretion to decide on such matters, and that both
    domestic legislation and decisions taken seemed to comply with
    applicable international law.
        On July 7, the ECHR ruled in the case Neulinger and Shuruk v.
    Switzerland that the Federal Court violated Article 8 of the European
    Convention on Human Rights in ordering the Swiss mother of an abducted
    child to return her child to the father in Israel. The court considered
    that it was not in the interest of the child to return to Israel, since
    the child was well settled in the country.
        On July 27, the ECHR ruled that the state had violated the right to
    respect for private and family life under the European Convention on
    Human Rights in the case of Mengesha Kimfe v. Switzerland. Swiss
    authorities refused to assign two rejected female asylum seekers from
    Ethiopia to the same cantonal reception center as their husbands so
    that the couples could live together until their deportation. Since
    Ethiopian authorities denied their return, the couples had been
    officially prevented from living together for five years. The court
    ordered the country to pay one applicant 846 euros ($1,134) for
    pecuniary damages and 5,000 euros ($6,700) for nonpecuniary damages,
    and the second applicant 2,330 euros ($3,122) for pecuniary damages,
    5,000 euros ($6,700) for nonpecuniary damage, and 526 euros ($705) for
    costs and expenses.
        On October 28, in the case Schaller-Bossert v. Switzerland, the
    ECHR ruled that the applicant was not given the right to a fair hearing
    (Article 6) after contesting her termination as a teacher. The court
    ordered the country to pay 5,000 euros ($6,700) for nonpecuniary damage
    and 8,537 euros ($11,440) to cover costs and expenses of the applicant.
        On November 9, the ECHR ruled in the case Losonci Rose and Rose v.
    Switzerland that the country had violated Article 14 in conjunction
    with Article 8 in refusing to allow the two applicants to keep their
    own surnames after their marriage. The court concluded that the rules
    in force in the country gave rise to discrimination between binational
    couples according to whether the man or the woman had Swiss nationality
    and ordered the country to pay the applicants 10,000 euros ($13,400)
    for nonpecuniary damage and 4,415 euros ($5,916) for costs and
    expenses.

        Civil Judicial Procedures and Remedies.--There is an independent
    and impartial judiciary in civil matters. Citizens have access to a
    court to bring lawsuits seeking damages for or cessation of a human
    rights violation. Persons who have exhausted domestic courts may also
    apply to the ECHR.

        f. Arbitrary Interference With Privacy, Family, Home, or
    Correspondence.--The constitution prohibits such actions, and the
    Government generally respected these prohibitions in practice.
    Section 2. Respect for Civil Liberties, Including:

        a. Freedom of Speech and Press.--The constitution provides for
    freedom of speech and of the press, and the Government generally
    respected these rights in practice. An independent press, an effective
    judiciary, and a functioning democratic political system combined to
    ensure freedom of speech and of the press.
        The law penalizes public incitement to racial hatred or
    discrimination, spreading racist ideology, and denying crimes against
    humanity. There was at least one conviction during the year under this
    law. On September 29, the Federal Court upheld a conviction against the
    Europe-based representative of the Turkish Workers' Party and two of
    his colleagues for having denied the Armenian genocide at a public
    event in 2007. They were found guilty of violating the law on
    preventing racism.
        According to federal law, it is a crime to publish information
    based on leaked ``secret official discussions.'' A number of cases of
    violation of secrecy by the press were being investigated during the
    year; however, there no sentences were handed down for such offenses by
    year's end.

        Internet Freedom.--There were no government restrictions on access
    to the Internet or reports that the Government monitored e-mail or
    Internet chat rooms. Individuals and groups could engage in the
    peaceful expression of views via the Internet, including by e-mail.
    Internet access was widely available. According to statistics compiled
    by the International Telecommunications Union, 77 percent of the
    population used the Internet.

        Academic Freedom and Cultural Events.--Authorities generally did
    not restrict academic freedom or cultural events.

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

        c. Freedom of Religion.--For a complete description of religious
    freedom, please see the 2010 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 exile, and the Government did not
    employ it.

        Protection of Refugees.--The country's laws provide for the
    granting of asylum or refugee status, and the Government has
    established a system for providing protection to refugees.
        In practice the Government provided protection against expulsion or
    return of refugees to countries where their lives or freedom would be
    threatened on account of their race, religion, nationality, membership
    in a particular social group, or political opinion. The Federal Office
    for Migration relied on a list of ``safe countries,'' and would-be
    refugees who originated in, or transited, these countries generally
    were ineligible to apply for asylum.
        Nongovernmental organizations (NGOs) criticized the inclusion in
    the ``safe countries'' list of some countries in Eastern Europe and
    Africa that they considered not sufficiently stable to justify
    automatic rejection. During the year the Government received asylum
    requests involving 15,567 persons. Authorities adjudicated 20,690 cases
    and granted refugee status or asylum to 3,449 persons.
        The Government required asylum applicants to present documentation
    verifying their identity within 48 hours of completing their
    applications, and authorities refused to process the applications of
    asylum seekers who were unable to provide a credible justification for
    their lack of acceptable documents or show evidence of persecution.
    Authorities could detain uncooperative asylum seekers, subject to
    judicial review, for up to six months while adjudicating their
    applications. They could detain rejected applicants for up to three
    months to ensure their departure or up to 18 months if repatriation
    posed special obstacles. They could detain minors between15 and 18
    years of age for up to 12 months pending repatriation; however,
    rejected asylum seekers generally were not detained, nor were they
    removed from the country. They were instructed to leave voluntarily. If
    they refused to return voluntarily, they could be forcibly repatriated.
        Amnesty International and other NGOs working with refugees
    continued to complain that detained asylum seekers often were
    effectively denied proper legal representation in deportation cases
    because they lacked the financial means to obtain an attorney.
    Authorities provided free legal assistance only in cases of serious
    criminal offenses. The deportation of asylum seekers is an
    administrative, rather than judicial, process.
        On November 28, Swiss voters adopted a referendum on the automatic
    expulsion of foreigners convicted of serious crimes, including
    premeditated homicide, rape, other serious sexual offenses, violence
    such as armed robbery, human trafficking, drug trafficking, burglary,
    or welfare fraud. Both the federal government and the parliament
    recommended that voters reject the initiative. The Justice Ministry
    convened a working group that has five years to bring the initiative
    into effect in compliance with bilateral agreements with the European
    Union and Swiss national and international laws. The Government also
    provided temporary protection to individuals who may not qualify as
    refugees under the 1951 Convention relating to the Status of Refugees
    and its 1967 protocol and provided it to 4,796 persons during the year;
    23,471 individuals enjoyed temporary protection status in the country
    at the end of the year.
        On September 14, the Council of States decided, following the March
    3 approval of the National Council, that juvenile undocumented
    immigrants would in the future have the right to an apprenticeship in
    the country. In March the city of Lausanne opened its job training
    programs to four young undocumented migrants who grew up 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.

        Elections and Political Participation.--In 2007 citizens chose a
    new Federal Assembly in free and fair elections. Political parties
    operated without restriction or outside interference.
        At the end of the year, there were 69 women in the 246-seat Federal
    Assembly and four women in the seven-seat Federal Council (cabinet).
    The proportion of female representatives in cantonal legislatures
    remained 24 percent. Women held approximately one-fifth of the seats in
    cantonal executive bodies.
        There was one member of an ethnic minority, who was originally from
    Angola, in the 200-seat National Council.
    Section 4. Official Corruption and Government 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 October 12, the press reported that the Federal Prosecutor's
    Office was investigating several officials of the Federal Office for
    the Environment for corruption and malfeasance. The case allegedly
    involved two information technology companies that received contracts
    valued at over two million Swiss francs ($2.1 million) in the past
    three years.
        Members of the Federal Assembly must disclose their financial
    interests, professional activities, supervisory board or executive body
    memberships, and expert or consulting activities every year.
    Investigating and prosecuting government corruption is a federal
    responsibility. A majority of cantons also require members of cantonal
    parliaments to disclose their financial interests. A joint working
    group consisting of representatives of various federal government
    agencies operated under the leadership of the federal Department of
    Foreign Affairs to combat corruption.
        The constitution requires the Government to inform the public about
    its activities, and government information was available to all persons
    living in the country, including foreign media. A transparency law
    provides for public access to government documents.
        The November 2009 report of the UN Group of Experts on the
    Democratic Republic of the Congo (DRC) presented information indicating
    that Cronimet Central Africa AG, which was based in Switzerland,
    indirectly funded conflict and perpetrators of human rights abuses in
    the eastern DRC.
    Section 5. 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 Government cooperated with international governmental
    organizations and permitted visits by UN and other international
    representatives.
        There is no national ombudsman. Following the October 2009
    recommendation of the UN Human Rights Council, the federal departments
    of foreign affairs and justice and police moved on September 3 to
    create a Swiss Competence Center for Human Rights. Based on a proposal
    submitted by a number of local universities in association with the
    Graduate Institute Kurt Boesch, the center was scheduled to begin work
    on January 1, 2011, with a mission to strengthen the country's
    capacities for implementing human rights by providing information,
    advice, tools, and forums for players in the field of human rights.
    Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
        The constitution prohibits discrimination based on race, gender,
    disability, language, or social status. The Government generally
    enforced these prohibitions effectively.

        Women.--Rape, including spousal rape, is a statutory offense, and
    the Government effectively prosecuted those accused of such crimes. In
    2009 police recorded 666 instances of rape (compared with 612 in 2008)
    and 470 prosecutions (compared with 429 in 2008).
        Violence against women was a problem. The Federal Office of Public
    Health published a survey in 2008 showing that 80 percent of victims of
    domestic violence had suffered previous assaults. Domestic violence is
    a statutory offense. A court may order an abusive spouse to leave the
    family home as a temporary measure. Stalking is also an offense.
    Victims of domestic violence could obtain help, counseling, and legal
    assistance from specialized government agencies and NGOs or from nearly
    a dozen hotlines sponsored privately or by local, cantonal, and
    national authorities. Although women's shelters experienced an average
    of 70 percent occupancy, in the cantons of Basel, Bern, and Zurich half
    of the applicants for shelter reportedly were turned away, mostly due
    to a lack of space or adequate staff for dealing with severely
    traumatized individuals. The Interior Ministry's Federal Office for
    Equality between Women and Men had a special unit that focuses on
    domestic violence. Most cantonal police forces had specially trained
    domestic violence units. A majority of cantons also had special
    administrative units that coordinated the activities of law enforcement
    agencies, prosecutors, and victim assistance groups.
        Forced marriage is illegal, but reportedly occurred, mainly in less
    integrated immigrant families, making detection and prosecution
    difficult. Its extent was unknown.
        The law prohibits sexual harassment and facilitates access to legal
    remedies for those who claim discrimination or harassment in the
    workplace; however, special legal protection against the dismissal of a
    claimant is only temporary. Employers failing to take reasonable
    measures to prevent sexual harassment are liable for damages equal to
    as much as six months' salary.
        The Government recognized the basic right of couples and
    individuals to decide freely and responsibly the number, spacing, and
    timing of their children and to have the information and means to do so
    free from discrimination, coercion, and violence. Health clinics and
    local health NGOs operated freely in disseminating information on
    family planning. There were no restrictions on access to
    contraceptives, and these measures were used widely. Compulsory basic
    health insurance covers the cost of routine examination during
    pregnancy and the costs related to childbirth. According to estimates
    compiled by international organizations, there were approximately 10
    maternal deaths per 100,000 live births in the country in 2008. Men and
    women received equal access to diagnosis and treatment for sexually
    transmitted infections, including HIV. There were no legal, social,
    cultural, or other barriers limiting access to such services.
        Women enjoy the same rights as men under the constitution,
    including in family law, property law, and in the judicial system;
    however, independent observers claimed that some laws, as interpreted
    by the courts, were discriminatory. For example, the Federal Tribunal
    ruled that the primary wage earner in a divorce must retain sufficient
    income to remain above the poverty level. Since men are the primary
    wage earner in most marriages, a household income too low to support
    both parties could force the wife and children to resort to public
    assistance.
        The Federal Office for Equality between Women and Men and the
    Federal Commission on Women worked to eliminate both direct and
    indirect gender discrimination. Many cantons and some large cities had
    equality offices to handle gender issues.
        Discrimination against women in the workplace is illegal, but women
    disproportionately held jobs with lower levels of responsibility. Women
    were promoted less frequently than men were and were less likely to own
    or manage businesses.
        Under the constitution women and men are entitled to equal pay for
    equal work; however, a study published by the Federal Statistics Office
    in October showed that in 2008 women's gross salaries in the private
    sector were on average more than 19 percent lower than salaries for
    men. In the public sector women earned on average 15.5 percent less
    than men for the same job. In March 2009 the Government initiated a
    five-year project urging companies to review their salary structures to
    eliminate the pay gap between men and women.

        Children.--Citizenship derives from one's parents, and citizenship
    may be derived from a single parent. Child abuse was a problem. In 2009
    there were 1,526 reported cases of sexual assault against children,
    compared with 3,504 in 2008. Most of the victims were girls younger
    than 18 years old, and most abuse took place in the family or the
    immediate social environment.
        The production, possession, distribution, or downloading from the
    Internet of pornography involving children is illegal and carries heavy
    fines or a maximum sentence of one year in prison.
        With limited exceptions, the law designates 16 years old as the
    minimum age of consensual sex. The maximum penalty for statutory rape
    is imprisonment for 10 years.
        The law does not expressly prohibit prostitution by 16- and 17-
    year-old minors under all circumstances, leaving these children
    potentially vulnerable to trafficking for commercial sexual
    exploitation.
        Female genital mutilation (FGM) is illegal but, according to NGOs,
    there were reports that the practice occurred in limited numbers. The
    UN Children's Fund (UNICEF) estimated that there were nearly 7,000
    circumcised women and girls in the country as a result of immigration
    from areas where FGM was practiced. During the year UNICEF continued
    its efforts to raise awareness of FGM. On December 16, parliament voted
    to add a paragraph banning FGM to the criminal code. On November 2, the
    State Secretariat for Economic Affairs and the NGO ECPAT Switzerland
    launched, in conjunction with private companies and NGOs in Germany and
    Austria, a trilateral public awareness campaign for the protection of
    children from sexual exploitation in the tourism industry.
        A report issued in September 2009 by the NGO Swiss Monitoring Body
    for the Rights of Asylum and Alien Law alleged that authorities often
    overlooked the needs and well-being of children when implementing the
    law. For example, the report indicated that, upon the expulsion of
    their parents, some children who had been raised in the country and
    were integrated fully into its way of life were forced to move to
    countries where they had no connections. The Federal Office of
    Migration rejected the assertion, maintaining that government officials
    gave careful consideration to cases involving children between the age
    of 14 and 17 years who were well integrated into society.
        During the year several NGOs expressed concern about reports of
    hundreds of unaccompanied foreign minors entering the country annually,
    claiming many have disappeared from state care after arrival. Officials
    asserted that there had been only a few isolated cases of missing
    unaccompanied minors during the year.
        For information on international parental child abduction, please
    see the Department of State's annual Report on Compliance with the
    Hague Convention on the Civil Aspects of International Child Abduction
    at http://travel.state.gov/abduction/resources/congressreport/
    congressreport--4308.html.

        Anti-Semitism.--According to the 2000 census (the most recent
    official data available), there were 17,914 members of the Jewish
    community, constituting 0.24 percent of the population.
        The Geneva-based Intercommunity Center for Coordination Against
    anti-Semitism and Defamation recorded 153 anti-Semitic incidents in the
    western, French-speaking part of the country in 2009 compared with 96
    in 2008. They ranged from verbal and written assaults to offensive
    graffiti and acts of vandalism against Jewish property. The Swiss
    Federation of Jewish Communities recorded 28 anti-Semitic incidents in
    the German-speaking part of the country, compared to 21 incidents in
    2008. The federation noted in its annual report that serious incidents
    such as violent attacks against Jews and denials of the Holocaust were
    very rare in the country.
        The law penalizes public incitement to racial hatred or
    discrimination, spreading racist ideology, and denying crimes against
    humanity. On October 21, a farmer from Sigriswil was fined 3,600 Swiss
    francs ($3,842) for having published anti-Semitic conspiracy theories
    in a local newspaper.
        The country is a member of the Task Force for International
    Cooperation on Holocaust Education, Remembrance, and Research.

        Trafficking in Persons.--For information on trafficking in persons,
    please see the Department of State's annual Trafficking in Persons
    Report at www.state.gov/g/tip.

        Persons With Disabilities.--The constitution and federal law
    prohibit discrimination against persons with physical, sensory,
    intellectual, and mental disabilities in employment, education, access
    to health care, or the provision of other state services or other
    areas, and the Government generally enforced the prohibition. The law
    mandates access to public buildings and government services for persons
    with disabilities, and the Government generally enforced these
    provisions in practice.
        The Federal Equal Opportunity Office for Persons with Disabilities
    promoted awareness of the law and respect for the rights of the
    disabled through counseling and financial support for projects to
    facilitate their integration in society and the labor market. The
    Government continued a pilot project to empower persons with severe
    disabilities to live on their own by providing them with additional
    funding to pay for assistance in their daily lives.
        On the fifth anniversary of the country's Disability Discrimination
    Law in December 2009, Egalite Handicap, a local NGO acting on behalf of
    persons with disabilities, published a report noting that important
    steps toward equality for persons with disabilities had been taken
    since the entry into force of the law. At the same time, the report
    criticized a number of defects in the fields of construction,
    transport, school, professional training, and state services; in
    particular, it criticized cantonal differences in access to inclusive
    education for children with disabilities.
        On September 8, Egalite Handicap filed a complaint against the low-
    cost air carrier Easyjet at the Federal Office of Civil Aviation and
    the Geneva Civil Court for refusing to transport a man in a wheelchair
    without an escort on a flight from Geneva to Berlin in late 2009.

        National/Racial/Ethnic Minorities.--Right-wing extremists,
    including skinheads, who expressed hostility toward foreigners, ethnic
    and religious minorities, and immigrants continued to be publicly
    active. Police estimated that the number of extremists remained steady
    at approximately 1,200. Statistics gathered by the Foundation against
    Racism and anti-Semitism indicated that the total number of reported
    incidents against foreigners or minorities was 112 in 2009, compared
    with 93 incidents recorded in 2008. These figures included instances of
    verbal and written attacks, which were much more frequent than physical
    assaults. Many of the violent incidents were clashes between right- and
    left-wing extremist groups. Following the November 28 adoption of the
    referendum on the automatic expulsion of foreigners convicted of
    serious crimes, left-wing protesters caused property damage at
    locations used by the conservative Swiss People's Party (SVP).
        On August 16, the Federal Commission against Racism released a
    report analyzing 2009 feedback from the Consulting Network for Victims
    of Racism. According to the report, a significant number of cases of
    racism were linked to sociopolitical events, such as the antiminaret
    initiative or tensions in the relationship between Switzerland and
    Germany. Most victims of racial discrimination were from Central
    Europe, but a significant proportion were Swiss citizens. In 2009 the
    Consulting Network for Victims of Racism assisted 162 victims of racial
    discrimination, compared with 87 victims in 2008.
        On June 19, a Swiss soldier showed his friend from Angola his army
    rifle in his car in Zurich. After an unknown person reported having
    seen two black men with a gun, the police sent an antiterror detachment
    and dragged the two men from their car. One police officer reportedly
    racially insulted the Angolan man and threatened to beat him. Police
    authorities were investigating the incident.
        On November 26, a truck driver harassed, threatened, and physically
    attacked a woman wearing a headscarf at a gas station in the canton of
    Glarus. According to newspaper reports, a similar incident had happened
    a year earlier in a local supermarket.
        According to the Party of Nationally Oriented Swiss (PNOS), about
    100 right-wing extremists participated in the PNOS's annual meeting on
    November 13 in Morgarten to celebrate the historical battle of
    Morgarten in 1315. After the meeting, most participants attended a
    concert of a right-wing extremist band.
        The Jenisch are recognized by the Government as a minority group.
    While the large majority of the 30,000 to 35,000 Jenisch in the country
    lived settled lives, the Roma European Rights Center reported that
    representatives of the several thousand who continued to pursue an
    itinerant lifestyle had urged the Government to carry out its promises
    to create new campsites and parking areas for them in recent years. A
    lack of proper camping facilities and transit areas reportedly forced
    many Jenisch to occupy land illegally. The federal government allocated
    750,000 Swiss francs ($800,000) for measures and projects between 2007
    and 2011 to improve living conditions for the Jenisch.
        On June 24, the Federal Commission against Racism expressed concern
    about the increase in hostile attitudes against Roma and urged the
    cantons and municipalities to create new campsites and parking areas to
    eliminate any systemic discrimination against them.
        On June 6, a group of Roma attempted to set up a camp with about 60
    cars near a highway exit in the canton of Fribourg. The landowner, who
    was also president of the municipality and a member of the canton's
    grand council, claimed the Roma were harassing citizens and causing
    damage to the fields. The son of the landowner spread manure on the
    field, up to a few meters from the caravan. The Roma chased the man
    away threatening him with axes and metal bars.
        On June 19, an unidentified person fired two shots at a car
    belonging to a Rom in Ticino, destroying its rear window. A few days
    later, the president of the local right-wing party Lega dei Ticinesi
    stated that Roma should be prohibited from camping in Ticino. The
    Federal Commission against Racism, the Foundation against Racism and
    anti-Semitism, and the Society for Minorities in Switzerland expressed
    concern about the incident and condemned the reaction of the Lega
    representative.
        During the year the Department of the Interior's Federal Service
    for Combating Racism sponsored a variety of educational and awareness-
    building projects to combat racism, xenophobia, and anti-Semitism.

        Societal Abuses, Discrimination, and Acts of Violence Based on
    Sexual Orientation and Gender Identity.--There were occasional reports
    of societal violence or discrimination based on sexual orientation.
        On the occasion of International Day against Homophobia held on May
    17, the Swiss gay organization, Pink Cross, reported that homosexual
    children from immigrant families, particularly from the Balkans,
    Turkey, and the Middle East, suffered heavy reprisals by their
    families.
        Throughout the year, representatives of the Young Social Democratic
    Party and lesbian, gay, bisexual, and transgender (LGBT) organizations
    complained that gay men suffered discrimination, as they were not
    allowed to donate blood.
        On March 2, the Swiss section of Amnesty International filed a
    petition to the parliament calling for the gender-based persecution of
    LGBT persons to be incorporated into federal law as a category of
    persecution qualifying an applicant for asylum in the country.
        On June 9, Zurich Pride, a festival for LGBT persons, took place in
    Zurich with the same level of security and police presence as many
    other large public events in the country.

        Other Societal Violence or Discrimination.--There were occasional
    reports of discrimination against persons with HIV/AIDS.
    Section 7. Worker Rights

        a. The Right of Association.--The law permits all workers,
    including foreigners, to form and join independent unions of their
    choice without previous authorization or excessive requirements, and
    workers exercised these rights in practice. Approximately 25 percent of
    the workforce was unionized.
        The law allows unions to conduct their activities without
    interference, and the Government protected this right in practice. The
    law provides for the right to strike, and workers exercised this right
    by conducting legal strikes. However, collective bargaining agreements
    commit the social partners to maintain labor peace, limiting the right
    to strike for the duration of the agreement, which is generally several
    years. The Government may curtail the right of federal public servants
    to strike, but only for reasons of national security or safeguarding
    foreign policy interests. Public servants in some cantons and many
    municipalities are prohibited from going on strike. There was an
    ombudsperson in some cantons.

        b. The Right to Organize and Bargain Collectively.--Authorities
    effectively enforced the laws protecting collective bargaining.
    Collective bargaining agreements covered approximately 50 percent of
    the work force.
        There were no specific laws against antiunion discrimination and
    employer interference. The law does not require employers to offer
    reinstatement to an employee who is found to have been dismissed
    unjustly. The law provides that a worker found to have been illegally
    dismissed is entitled to maximum compensation of up to six months'
    wages. Trade union leaders complained that this penalty was
    insufficient to deter abusive dismissals of union activists.
        There are no export processing zones.

        c. Prohibition of Forced or Compulsory Labor.--The law prohibits
    forced or compulsory labor, including by children; however, there were
    reports that such practices occurred. Women were trafficked for sexual
    exploitation and domestic labor; there were isolated reports of
    trafficking in children. Trafficked women often were forced into
    prostitution; in many cases, they were subjected to physical and sexual
    violence, encouraged toward drug addiction, and incarcerated. Many
    victims were forced to work in salons or clubs. For information on
    trafficking in persons, please see the Department of State's annual
    Trafficking in Persons Report at www.state.gov/g/tip.

        d. Prohibition of Child Labor and Minimum Age for Employment.--The
    Government effectively enforced laws and policies to protect children
    from exploitation in the workplace; however, there were isolated
    reports of trafficking of children to beg and commit theft. For
    information on trafficking in persons, please see the Department of
    State's annual Trafficking in Persons Report at www.state.gov/g/tip.
        The minimum age for fulltime employment is 15 years of age.
    Children 13 and 14 years of age may be employed in light duties for not
    more than nine hours per week during the school year and 15 hours at
    other times. The employment of youths between the ages of 15 and 18
    years old is also restricted; cantonal inspectorates strictly regulated
    these provisions. Children are not permitted to work at night, on
    Sundays, or in hazardous conditions.
        The Economics Ministry monitored the implementation of child-labor
    laws and policies, and cantonal labor inspectorates were responsible
    for enforcement. Cantonal labor inspectors effectively inspected
    companies to determine whether there were violations of the child labor
    laws.

        e. Acceptable Conditions of Work.--There is no national minimum
    wage, which resulted in relatively low average wages for workers and
    employees in the clothing, hospitality, and retail industries. A
    majority of the voluntary collective bargaining agreements, reached on
    a sector-by-sector basis, contained clauses on minimum compensation,
    ranging from 2,200 to 4,200 Swiss francs ($2,348 to $4,482) per month
    for unskilled workers and 2,800 to 5,300 Swiss francs ($2,988 to
    $5,656) per month for skilled employees. These wages generally provided
    a decent standard of living for a worker and family. According to
    government statistics published in April 2009, 92 percent of nearly
    15,000 employers inspected, including both those participating in
    collective agreements and those who reached wage agreements in other
    ways, complied with their obligations concerning wages.
        The wage differences between local and foreign workers varied
    significantly according to their level of skills and their residence
    status. Skilled short-term resident foreigners earned approximately
    1,235 Swiss francs ($1,318) more per month, and skilled resident
    foreigners were paid approximately 2,256 Swiss francs ($2,408) more per
    month than their Swiss equivalents. The only exceptions were skilled
    cross-border commuters, who earned nearly as much as comparable Swiss
    workers. In contrast unskilled resident foreigners earned on a monthly
    basis approximately 616 Swiss francs ($657) less, short-term resident
    foreigners approximately 1,045 Swiss francs ($1,115) less, and cross-
    border commuters approximately 279 Swiss francs (approximately $298)
    less than unskilled local employees.
        The law sets a maximum 45-hour workweek for blue- and white-collar
    workers in industry, services, and retail trades, and a 50-hour
    workweek for all other workers. The law prescribes a rest period of 35
    consecutive hours plus an additional half-day per week. Premium pay for
    overtime must be at least 25 percent; overtime is generally restricted
    to two hours per day. Annual overtime is limited by law to 170 hours
    for those working 45 hours a week and to 140 hours for those working 50
    hours a week. The Government effectively enforced these regulations.
        The law contains extensive provisions to protect worker health and
    safety. The Economics Ministry and cantonal labor inspectorates
    effectively enforced the law. Workers have the right to remove
    themselves from work situations that endanger their health or safety
    without jeopardy to their continued employment, and the authorities
    effectively enforced this right.

                                   __________

                                     TURKEY

        Turkey, with a population of approximately 74 million, is a
    constitutional republic with a multiparty parliamentary system and a
    president with limited powers. The Justice and Development Party (AKP)
    formed a parliamentary majority in 2007 under Prime Minister Recep
    Tayyip Erdogan. Civilian authorities generally maintained effective
    control of the security forces.
        There were reports of a number of human rights problems and abuses
    in the country. Security forces committed unlawful killings; the number
    of arrests and prosecutions in these cases was low compared to the
    number of incidents, and convictions remained rare. During the year
    human rights organizations reported cases of torture, beatings, and
    abuse by security forces. Prison conditions improved but remained poor,
    with overcrowding and insufficient staff training. Law enforcement
    officials did not always provide detainees immediate access to
    attorneys as required by law. There were reports that some officials in
    the elected government and state bureaucracy at times made statements
    that some observers believed influenced the independence of the
    judiciary. The overly close relationship between judges and prosecutors
    continued to hinder the right to a fair trial. Excessively long trials
    were a problem. The Government limited freedom of expression through
    the use of constitutional restrictions and numerous laws. Press freedom
    declined during the year. There were limitations on Internet freedom.
    Courts and an independent board ordered telecommunications providers to
    block access to Web sites on numerous occasions. Violence against
    women, including honor killings and rape, remained a widespread
    problem. Child marriage persisted, despite laws prohibiting it.
        During the year there were some positive developments. On April 11,
    the political parties law was amended to allow campaigning in languages
    other than Turkish, including Kurdish. On July 25, the Government
    amended the antiterror laws to prohibit prosecution of minors under the
    laws, reduce punishments for illegal demonstrations and meetings, and
    allow for the release of minors who had been previously convicted under
    the laws, resulting in the release of hundreds of children from prison.
    On September 12, a package of constitutional reforms was passed by a
    referendum; it included provisions that changed the composition of the
    Constitutional Court and the Supreme Board of Judges and Prosecutors;
    allowed appeal of decisions of the Supreme Military Council in civilian
    courts; established an ombudsman; and allowed positive discrimination
    in favor of women, children, veterans, persons with disabilities, and
    the elderly.
                            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 some persons during the year.
        The domestic nongovernmental organization (NGO) Human Rights
    Foundation (HRF) reported that security forces caused the deaths of
    several persons during demonstrations.
        On May 11, police officer Gultekin Sahin allegedly shot Serzan Kurt
    during a demonstration at Mugla University. On May 17, the police
    officer was arrested. Kurt died from the wounds on May 19 at a hospital
    in Izmir. On August 10, a Mugla court transferred the case to a court
    in Eskisehir. The case continued at year's end.
        On May 28, the Diyarbakir prosecutor terminated the investigation
    into the 2009 death of Aydin Erdem after declaring he was killed by the
    terrorist Kurdistan Workers' Party (PKK).
        There were no developments in the 2009 deaths of demonstrators
    Sinan Aydin, Mahsum Karaoglan, or Mustafa Dag during the year.
        There were continuing reports that security forces shot and killed
    civilians who refused to obey a warning to stop at checkpoints. The HRF
    reported that 29 persons died during the year specifically for refusing
    to stop, a decrease from the previous year. However, the Jandarma
    reported that there were no such deaths at checkpoints during the year.
        On February 7, the HRF said the Jandarma opened fire on a minibus
    that failed to obey the warning to stop in Sirnak, killing Hecer Uslu.
    No investigation had begun at year's end.
        Human rights organizations continued to state that the Government's
    failure to clearly delineate in the law appropriate situations for the
    use of lethal force contributed to cases of disproportionate use of
    force. The Jandarma, however, reported that various laws and
    regulations define proportionate use and escalation of force and that
    security forces followed those rules when reacting to a situation.
        Yahya Menekse died after being run over by an armored police
    vehicle during a demonstration in Cizre, Sirnak, in 2008. On July 29,
    the first session of the court case for negligence began against the
    police officer who was driving the vehicle. The case continued at
    year's end.
        As of year's end, a criminal case had not been filed in the police
    shooting and killing of Zeki Erinc during Nevruz (Kurdish New Year)
    celebrations in 2008.
        On June 1, a Bakirkoy court convicted 21 of the 60 suspects in the
    death of Engin Ceber, who died of a brain hemorrhage in 2008,
    reportedly as a result of a beating by security forces during his
    detention and later by officials in prison. Four of the officials
    received life imprisonment.
        The appeal of the Istanbul prosecutor's decision to close the
    investigation of seven police officers suspected in the death of
    Mustafa Kurkcu in Umraniye prison in 2007 continued at year's end. The
    prosecutor requested acquittal for the police officers on July 26. The
    investigation also continued at year's end.
        Approximate numbers based on reports from the security forces
    (military, Jandarma, and Turkish National Police (TNP)) indicated that
    25 civilians were killed and 50 were injured in armed clashes related
    to the struggle against the terrorist PKK during the year.
    Approximately 108 members of the security forces were killed and 244
    were injured, and 149 terrorists were killed and five were injured.
    Most of the clashes between terrorists and security forces occurred in
    the southeast. The number of civilian deaths and injuries decreased
    from 2009, while deaths of security forces increased.
        According to the Jandarma, land mines killed 13 civilians and
    injured 17 during the year. The HRF, however, claimed that land mines
    and unattended explosives killed five civilians and injured 31 during
    the year.
        On several occasions throughout the year, the Turkish government
    used military aircraft to attack areas where the PKK, a terrorist
    organization, was active in northern Iraq. According to press reports,
    one civilian was killed and two others were injured in Iraq by
    artillery fire on June 18.

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

        c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
    Punishment.--The constitution and law prohibit such practices; however,
    there were reports that some government officials employed them.
        Human rights organizations continued to report cases of torture and
    abuse in detention centers and prisons during the year. They alleged
    that torture and abuse largely occurred outside of detention centers in
    more informal venues where it was harder to document. In its report for
    the year, Amnesty International (AI) noted that investigations into
    human rights violations by police were largely ineffective and that
    instances of bringing officials to justice were rare. The UN Committee
    against Torture (UNCAT) stated in its November report that it was
    ``gravely concerned about numerous, ongoing, and consistent allegations
    concerning the use of torture, particularly in unofficial places of
    detention.''
        The HRF reported that courts investigated allegations of abuse and
    torture by security forces during the year. However, they rarely
    convicted or punished offenders. Authorities typically allowed officers
    accused of abuse to remain on duty during their trials. UNCAT reported
    in November that it was ``concerned at the continuing failure of
    authorities to conduct effective, prompt and independent investigations
    into allegations of torture and ill-treatment.''
        In its November progress report, the European Commission (EC)
    reported that security forces frequently initiated countercases for
    resisting arrest against persons who alleged torture or abuse and that
    such cases were often given priority in courts. Domestic human rights
    organizations agreed and claimed that this practice had a deterrent
    effect on the filing of abuse complaints.
        The Prime Ministry's Human Rights Presidency (HRP) received a total
    of 3,475 applications based on human rights violations, including
    torture, during the year. The HRP attributed the increase in numbers of
    applications to a higher level of awareness of HRP's provincial and
    subprovincial offices.
        According to the domestic NGO Human Rights Association (HRA), there
    were 202 reports of torture in the first 11 months of the year, a
    substantial decrease from the previous year. The HRF received 319 new
    allegations of torture. A number of human rights observers claimed that
    only a small percentage of detainees reported torture and abuse because
    most feared retaliation or believed that complaining was futile. There
    was no data available at year's end from the TNP on alleged torture
    cases.
        The Council of Europe's Committee for the Prevention of Torture
    (CPT) and domestic human rights observers reported in 2008 that
    security officials mainly used methods of torture and abuse that did
    not leave physical signs, including repeated slapping, cold exposure,
    stripping and blindfolding, food or sleep deprivation, threats against
    detainees or their family members, dripping water on detainees' heads,
    isolation, and mock executions. Human rights activists, attorneys, and
    physicians who treated victims stated that because of increased
    punishments for torture and abuse, police who engaged in these
    practices often did so outside of police detention centers to avoid
    detection.
        Human rights activists maintained that those arrested for ordinary
    crimes were as likely to suffer torture and mistreatment in detention
    as those arrested for political offenses such as speaking out against
    the Government, although they were less likely to report abuse.
    According to a number of human rights groups and press reports,
    authorities allegedly tortured some suspects to obtain confessions,
    while others, such as transvestites, were regularly subject to abuse by
    police on ``moral'' grounds.
        On March 5, police officer Gazi Ozuak was acquitted on charges of
    torturing theft suspect Zeki Simsek in 2008. Authorities ruled that
    videotapes of the incident indicated that police did not bear
    responsibility.
        On May 8 and December 24, a Bakirkoy court continued the case
    against seven police officers for the 2007 shooting and paralysis of
    Ferhat Gercek while he was selling Yuruyus, a leftist newspaper.
    Gercek's trial for resisting arrest, which carried a possible
    punishment of up to 15 years and four months' imprisonment, also
    continued at year's end.
        Human rights organizations documented cases of prison guards
    beating inmates during the year. On January 5, a group of parents of 32
    children being held in an Adana prison on terror charges made a press
    statement claiming that prison officials beat the children and rubbed
    salt in their wounds.
        On June 21, according to the HRF, prison officials beat three
    inmates at the Tekirdag prison for singing ``Human dignity will
    overcome torture.'' One of the inmates filed a criminal complaint
    against prison officials on August 24. As of year's end, an
    investigation had not begun. After filing the complaint, the three
    inmates were each allegedly given more than a month of solitary
    confinement.
        As of year's end, no action had been taken in the 2008 case of
    Derya Bakir, who suffered fractures in both legs due to alleged cruel
    treatment by 20 guards when she visited her brother in prison.
        As of year's end, no official action had been taken against
    officials in Bolu prison for the 2008 beating of Muzaffer Akengin,
    Deniz Guzel, and Naif Bal.

        Prison and Detention Center Conditions.--Prison facilities remained
    inadequate, although conditions generally improved during the year.
    Underfunding and overcrowding were the major problems.
        The HRF reported 32 deaths of prison inmates and five deaths in
    detention through October 10. According to the TNP, two inmates
    committed suicide during the year. The Turkish General Staff (TGS)
    reported there were no deaths of detainees or convicts in military
    prisons during the year.
        As of October 27, the Ministry of Justice reported the country had
    371 prisons with a designed capacity of 114,220 holding a total of
    121,102 inmates, 56,988 of whom were arrestees with ongoing trials. The
    TGS reported 25 military prisons with a capacity of 5,300 holding a
    total of 767 prisoners, 556 of whom were arrestees with trials in
    progress.
        According to the Turkish Medical Doctors' Association, prisons were
    not adequately staffed with doctors, and psychologists were available
    only at some of the largest prisons. Several inmates claimed they were
    denied appropriate medical treatment for serious illness. The HRF
    reported that 355 arrestees or convicts were denied access to proper
    health services during the year.
        Foreigners who claimed asylum after being detained by security
    forces were held in ``guest houses for foreigners'' operated by the
    Foreigners' Department of the TNP. According to the Office of the UN
    High Commissioner for Refugees (UNHCR), detained asylum seekers
    reported insufficient food and medical attention and overcrowded
    conditions.
        Detainees and convicts occasionally were held together. Inmates
    convicted for nonviolent, speech-related offenses were sometimes held
    in high-security prisons.
        Juveniles were generally held in separate wards from adults. On
    July 25, the Government amended the antiterror laws to prohibit
    prosecution of minors under the laws, reduce punishments for illegal
    demonstrations and meetings, and allow for the release of minors who
    had previously been tried and convicted under the laws. These
    amendments resulted in the release during the year of more than 200
    minors and persons who had been convicted previously as juveniles. No
    data was provided by the Ministry of Justice at year's end as to the
    number of juveniles imprisoned in the country.
        Prisoners and detainees had reasonable access to visitors and were
    permitted religious observance. Authorities permitted prisoners and
    detainees to see a judge once a month. Authorities at times
    investigated credible allegations of inhumane conditions but generally
    did not document the results of such investigations in a publicly
    accessible manner.
        In late February and March, members of parliament's Human Rights
    Investigation Commission (HRIC) were allowed to visit and observe
    military prisons for the first time. The HRIC produced two reports
    during the year that found conditions in those prisons satisfactory.
    The Government permitted prison visits by representatives of some
    international organizations. Domestic human rights organizations and
    activists reported that they were not allowed to visit prisons during
    the year and that prison-monitoring boards composed of government
    officials and private persons were ineffective.
        The CPT visited PKK leader Abdullah Ocalan in Imrali prison on
    January 26-27. Its report published on July 9 stated that the
    conditions of imprisonment for Ocalan had improved compared with 2007.
    It also noted improved access to the prison for Ocalan's lawyers and
    family members.

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

        Role of the Police and Security Apparatus.--The TNP, under the
    control of the Ministry of Interior, is responsible for security in
    large urban areas. The Jandarma, a paramilitary force under the joint
    control of the Ministry of Interior and the military, is responsible
    for policing rural areas. The Jandarma is also responsible for specific
    border sectors where smuggling is common; however, the military had
    overall responsibility for border control. In November the EC noted the
    Government's February annulment of the secret protocol on Security,
    Public Order and Assistance Units (commonly called EMASYA), which
    allowed military operations to be carried out without the consent of
    civilian authorities.
        A civil defense force known as the village guards, concentrated in
    the southeast, was less professional and disciplined than other
    security forces. The village guards have been accused repeatedly in
    past years of drug trafficking, corruption, theft, rape, and other
    abuses. Impunity remained a serious problem. During the year the
    Government reduced the number of village guards to 45,877 from 47,854
    in 2009.
        On April 26, a Corum court convicted six persons who were employed
    as village guards and reportedly used state-supplied weapons to kill 44
    persons at a wedding ceremony in Mardin in May 2009. They received 44
    consecutive life sentences. Three other persons received lesser
    sentences. Appeals of the convictions continued at year's end.
        The TNP and Jandarma received specialized training in a number of
    areas, including human rights and counterterrorism. Thousands of
    security personnel received human rights training as part of their
    ongoing training during the year. According to the Government, the
    military emphasized human rights in training for officers and
    noncommissioned officers. A total of 32 hours of human rights training
    is given to Jandarma officers, noncommissioned officers, and cadets.
        The Jandarma reported that three personnel were investigated for
    excessive use of force during the year. The investigations were ongoing
    at year's end. A total of 68 Jandarma personnel were expelled for
    various reasons during the year.
        The TNP reported that, as of November, 71 judicial or
    administrative investigations were opened against TNP personnel for
    excessive use of force or mistreatment. One investigation resulted in a
    reprimand, and five resulted in a short-term block on promotions.
    Investigations were dropped in 32 incidents because there was ``no need
    to punish.'' Investigations continued in 33 incidents at year's end.

        Arrest and Detention.--Warrants issued by a prosecutor are required
    for arrests unless the suspect is caught in the commission of a crime.
    A suspect may be detained for 24 hours, with prosecutorial discretion
    to extend the period to 48 hours, excluding transportation time, before
    being arraigned by a judge. Suspects must be told of the charges
    against them within 24 hours. A suspect cannot, under the law, be held
    arbitrarily or secretly. There is a functioning bail system. After
    arraignment, the judge may release the accused upon receipt of an
    appropriate assurance, such as bail, or order detention if the judge
    determines that the accused is likely to flee the jurisdiction or
    destroy evidence. The law provides that detainees are entitled to
    immediate access to an attorney and to meet and confer with an attorney
    at any time. The law requires that the Government provide indigent
    detainees with a public attorney in criminal cases where the defendant
    requests an attorney. In cases where the potential sentence is greater
    than five years, or where the defendant is a child or is disabled, a
    defense attorney is appointed even without the defense request.
    Detainees were generally allowed prompt access to family members.
    However, human rights organizations reported difficulties in helping
    families find out whether a relative had been detained because the
    Government refused to release such information to the organizations or
    the families.
        Private attorneys and human rights monitors reported irregular
    implementation of these laws, particularly with respect to attorney
    access. According to a number of local bar associations, attorney
    access for detainees continued to vary widely across the country. In
    rural areas, particularly in the southeast, there were more reports of
    defendants not having immediate access to an attorney.
        Human rights observers noted that in most cases where a defendant
    could not afford an attorney, one was provided. However, in terrorism-
    related cases an attorney was frequently not provided until after the
    suspect had been detained and interrogated by security forces. The HRA
    claimed that police often intimidated detainees who asked for
    attorneys, for example by telling them a court would assume they were
    guilty if they consulted an attorney during detention. Provincial bar
    associations continued to face difficulties providing attorneys because
    the Government was behind on compensation payments for such work.
        By law, police and Jandarma may compel citizens to declare their
    identities without any cause.
        During the year police routinely detained demonstrators for a few
    hours at a time. Police detained more than 1,000 members of the pro-
    Kurdish Peace and Democracy Party (BDP) on various occasions. Police
    continued to detain and harass members of human rights organizations,
    media personnel, and human rights monitors. Police continued to detain
    persons on suspicion of ``membership in an illegal organization'' and
    for ``promoting terrorist propaganda.''
        On October 10, the first session of a case against 151 suspects,
    including several elected mayors, political party officials, and human
    rights activists, began in Diyarbakir. The suspects were charged in a
    7,578-page indictment with disrupting the integrity of the state; being
    members and/or administrators of the Kurdish Communities Union (KCK),
    the political branch of the terrorist PKK; and assisting and sheltering
    a terrorist organization, among other charges. Human Rights Watch
    stated that the case raised concerns about the right of individuals to
    participate in political activities. The case continued at year's end.
        Lengthy arrest periods before a verdict were generally a problem.
    The law does not set a time limit for holding suspects in custody or
    for completion of their trial. Judges have ordered that some suspects
    be held for long periods or even indefinitely without trial but with
    the right to come before a judge each month. The Ministry of Justice
    reported that the average length of time between arrest and the
    completion of trial was 580 days. In November the EC stated that close
    to half of all detainees were either awaiting trial or awaiting a final
    verdict on their cases. Of juveniles in detention, 88 percent were
    awaiting trial.
        Throughout the year, prosecutors in Istanbul continued to arrest
    and indict prominent military, business, and media personalities on
    charges of plotting to foment unrest and topple the elected government
    as members of an alleged network known as ``Ergenekon.'' More than 250
    persons were indicted by year's end. Some opposition politicians,
    members of the press, human rights groups, and critics of the
    Government considered many of the indictments to be politically
    motivated. Others, including human rights groups and some supporters of
    the Government, claimed that the arrests had reduced pressure on
    journalists and human rights activists across the country. Dozens of
    defendants have been held for long periods, a common practice in the
    country, although some were released pending trial during the year.
        On December 16, the first session of a trial of 195 suspects in the
    alleged ``Sledgehammer'' coup plan began. The suspects, who include
    active-duty military generals and civilians, were accused of
    obstructing the Government and plotting to overthrow it. The trial
    continued at year's end. Many observers saw this trial as politically
    motivated, similar to the Ergenekon case, while others saw it as
    bringing to justice those who attempted to overthrow the Government.

        e. Denial of Fair Public Trial.--The law provides for an
    independent judiciary; however, the judiciary was occasionally subject
    to outside influence. The law prohibits the Government from issuing
    orders or recommendations concerning the exercise of judicial power. In
    November the EC's progress report on the country noted that senior
    members of the armed forces in particular continued to make statements
    on judicial matters.
        The High Council of Judges and Prosecutors (HSYK) selects judges
    and prosecutors for the country's courts and is responsible for court
    oversight. The constitution provides tenure for judges, but the HSYK
    controls the careers of judges and prosecutors through appointments,
    transfers, promotions, expulsions, and reprimands. The September 12
    constitutional amendments expanded the number of permanent members of
    the HSYK from seven to 22. The amendments also called for 10 members to
    be directly elected by the approximately 12,000 judges and prosecutors
    throughout the country, while the 10 other members are appointed by the
    president, the Court of Appeals, the Council of State, and the Justice
    Academy. The remaining two members are the minister and under secretary
    of justice. Supporters of the changes hailed the development as a step
    toward an independent judiciary. Opponents, however, argued that the
    Government would use influence among judges and prosecutors to ensure
    the election of handpicked candidates to the HSYK and contended that
    the president would be likely to select progovernment candidates as
    well. The minister of justice presides over the HSYK, and at least once
    in the past year the minister prevented the HSYK from convening,
    accusing the HSYK of attempting to intervene in ongoing trials.
        The close connection between public prosecutors and judges gave the
    appearance of impropriety and unfairness in criminal cases. Prosecutors
    and judges study together before being assigned by the HSYK. Once
    appointed, they were often housed together, frequently shared the same
    office space, and often worked in the same courtroom for more than five
    years.
        According to several regional bar associations, the Government
    devoted insufficient resources to public defense. The associations also
    noted that public defense attorneys undergo less rigorous training than
    their prosecutorial counterparts and are not required to take an
    examination to demonstrate a minimum level of expertise.
        Constitutional amendments adopted on September 12 allow individuals
    to apply directly to the Constitutional Court for redress. Previously,
    only the lower courts, the president, and members of parliament under
    certain conditions could apply to the court.
        On January 21, the Constitutional Court declared unconstitutional
    the provision of the law allowing military personnel to be tried in
    civilian courts. However, the September 12 constitutional amendments
    contain a provision for trial of military personnel in civilian courts
    if the crime is committed against the state, constitutional order, or
    the functioning of constitutional order. The amendments provide for
    civilian judicial review of decisions of the Supreme Military Council.
    The amendments also annulled the constitutional provision that
    prevented the trials of persons involved in the 1980 coup, including
    former military generals.
        According to an AI report during the year, criminal defendants
    faced protracted and unfair trials, especially for violations of
    antiterror laws. The report also asserted that convictions under
    antiterror laws were often based on unsubstantiated or unreliable
    evidence.

        Trial Procedures.--Defendants enjoy a presumption of innocence.
    Courtroom proceedings are public for all cases except those involving
    minors as defendants. Court files, which contain charging documents,
    case summaries, judgments, and other court pleadings, are closed to
    everyone other than the parties to a case. This makes it difficult to
    obtain information on the progress or results of court cases except
    through formal channels. There is no jury system; a judge or a panel of
    judges decides all cases. Defendants have the right to be present at
    trial and to consult with an attorney in a timely manner. Defendants or
    their attorneys can question witnesses for the prosecution and, within
    limits, present witnesses and evidence on their behalf. Defendants and
    their attorneys have access to government-held evidence relevant to
    their cases. Defendants enjoy the right to appeal, although appeals
    generally took several years to conclude.
        International human rights organizations and the EU stated that the
    courtroom structure and rules of criminal procedure gave an unfair
    advantage to the prosecution. During a trial, the prosecutor could call
    any witness desired, whereas the defense had to request that the judge
    call a witness. Judges decided whether to ask and how to phrase defense
    counsel's questions but asked all of the prosecution's questions in the
    exact form presented. Prosecutors entered the courtroom through the
    same door as the judge; defense attorneys entered through a separate
    door. Prosecutors sat at an elevated desk at the same level as that of
    the judge; the defense sat at floor level.
        Defendants sometimes wait several years for their trials to begin.
    Subsequently, trials often last several years. Proceedings against
    security officials often were delayed because officials did not submit
    statements promptly or attend trials.
        In 2009 the European Court of Human Rights (ECHR) found 95
    violations of the European Convention on Human Rights by the country
    involving length of proceedings.
        The law prohibits the use in court of evidence obtained by torture;
    however, prosecutors in some instances failed to pursue torture
    allegations, forcing defendants to initiate a separate legal case to
    determine whether the exclusion of evidence was lawful. Human rights
    organizations reported that, in such instances, the primary case
    frequently was concluded before the secondary case was decided, leading
    to unjust convictions.

        Political Prisoners and Detainees.--The HRA asserted that several
    thousand political prisoners from all parts of the political spectrum
    existed, although the Government does not distinguish them as such. The
    Government claimed that alleged political prisoners were in fact
    charged with being members of, or assisting, terrorist organizations.
        According to the Ministry of Justice, from January to June, 7,217
    suspects were detained on terrorism-related charges. During the same
    period 1,553 terrorism cases were opened against 3,333 suspects.
        International humanitarian organizations were allowed access to
    alleged political prisoners, provided they could obtain permission from
    the Ministry of Justice. In practice, organizations rarely received
    permission.

        Regional Human Rights Court Decisions.--Article 90 of the
    constitution states that ``in the case of a conflict between
    international agreements in the area of fundamental rights and
    freedoms...the provisions of international agreements shall prevail.''
    The country is signatory to the European Convention on Human Rights.
    Due to this provision, the country's courts are subject to the
    jurisdiction of the ECHR. Decisions of the ECHR bear the force of law
    in the country and take precedence over case decisions from the Court
    of Appeals or Constitutional Court.
        As of November 30, there were 16,100 cases involving the country
    outstanding at the ECHR. As of November 22, there were 330 ECHR
    decisions involving the country. According to the EU's November
    progress report, a high number of alleged violations continued to be
    submitted to the ECHR.
        On September 14, the ECHR ruled in a high-profile case that the
    country was liable for failing to protect the life and freedom of
    expression of Armenian-Turkish journalist Hrant Dink in 2007. The ECHR
    ruled that the Government failed to prevent the murder of the
    journalist after threats were made against him and did not carry out an
    effective investigation afterwards.

        Civil Judicial Procedures and Remedies.--There is an independent
    and impartial judiciary in civil matters. The law provides that all
    citizens have the right to file a civil case for compensation for
    physical or psychological harm suffered, including for alleged human
    rights violations. The September 12 constitutional amendments allow
    individuals to bring a case directly to the Constitutional Court. The
    amendments also establish the creation of an independent human rights
    commission and an ombudsman's office. Neither institution had been
    established by year's end.

        f. Arbitrary Interference With Privacy, Family, Home, or
    Correspondence.--The September 12 constitutional amendments protect the
    ``secrecy of private life.'' The amendments state that persons have the
    right to demand protection and correction of their personal information
    and data.
        The law allows for telephone tapping with a court order. Only the
    country's telecommunication agency is authorized to tap telephones, and
    only when presented with a court order directed against alleged drug
    traffickers, organized crime members, and terrorists. There were
    occasional complaints by individuals and public figures, including
    higher court members and politicians, that their telephones were
    illegally tapped without a court order.
    Section 2. Respect for Civil Liberties, Including:

        a. Freedom of Speech and Press.--The law provides for freedom of
    speech and of the press; however, the Government continued to limit
    these freedoms in significant numbers of cases. The EC stated in its
    November progress report that the law does not sufficiently guarantee
    freedom of expression and noted as particular concerns the high number
    of cases initiated against journalists, undue political pressure on the
    media, legal uncertainties, and frequent Web site bans.
        Article 301 of the penal code criminalizes insults to the Turkish
    nation. The minister of justice must give permission for a case
    concerning article 301 to proceed. A separate legal provision forbids
    insulting the country's founder, Mustafa Kemal Ataturk. Prosecutors
    continued to conduct ideologically motivated investigations under both
    the constitution and the law. Other laws, such as antiterror laws and
    laws governing the press and elections, also restricted speech.
        According to the Ministry of Justice, the minister received 352
    complaints concerning article 301 during the year and rejected 342 of
    them. The minister gave permission for the remaining 10 cases to
    proceed.
        Individuals in many cases could not criticize the state or
    government publicly without risk of criminal suits or investigation,
    and the Government continued to restrict expression by persons
    sympathetic to some religious, political, and Kurdish nationalist or
    cultural viewpoints. Active debates on human rights and government
    policies continued in the public sphere, particularly on problems
    relating to the role of the military, Islam, political Islam, Kurds,
    Alevis, and the history of the Turkish-Armenian conflict at the end of
    the Ottoman Empire. However, many who wrote or spoke on such topics,
    particularly those who criticized the military, the Kurdish problem, or
    the Armenian problem, risked investigation, albeit fewer than in
    previous years. The Turkish Publishers' Association (TPA) reported that
    serious restrictions on freedom of expression continued despite legal
    reforms related to the country's EU candidacy.
        During the year authorities continued to file numerous cases
    against publications under antiterror laws. The HRF reported that the
    laws contain an overly broad definition of offenses that allows
    ideologically and politically motivated prosecutions. There were at
    least 550 cases against the pro-Kurdish daily newspaper Ozgur Gundem
    under antiterror laws. There were some convictions, but most cases
    remained open at year's end.
        Throughout the year, police and the judiciary increased pressure on
    members of the BDP. Human rights activists and party officials claimed
    that more than 1,700 cases continued against BDP members by year's end.
    Most members were investigated and prosecuted for speaking in the
    Kurdish language or for making statements critical of the Government or
    in support of the PKK or its leader, Abdullah Ocalan. Many were also
    arrested for alleged ties with the KCK.
        At the first session in October of the trial against 151 alleged
    members of the KCK, the suspects asked to defend themselves in the
    Kurdish language instead of Turkish. The court denied the request,
    calling Kurdish an ``unknown language.''
        In December a Diyarbakir court rejected a request by 17 defendants
    to defend themselves in Kurdish in a trial for support of terrorism
    after returning from Iraq in October 2009. However, also in December a
    Sanliurfa court allowed defendants to defend themselves using the
    Kurdish language. This kind of inconsistency in court decisions on the
    use of languages other than Turkish was prevalent throughout the
    country.
        Diyarbakir mayor Osman Baydemir continued to face more than 100
    charges and investigations for use of the Kurdish language, spreading
    terrorist propaganda, and promoting terrorism or a criminal. Most of
    these cases were for Baydemir's expression of his political views or
    speaking in Kurdish in public events. During the year there were at
    least 20 acquittals and three convictions in cases against Baydemir,
    but he remained in his position as mayor. Many cases and appeals were
    pending at year's end. For example, in December Prime Minister Erdogan
    opened a civil case against Mayor Baydemir for ``emotional damage'' for
    a speech that Baydemir made in December 2009 to protest police
    operations against KCK suspects. Baydemir cursed in the speech. There
    had been no movement on the case at year's end.
        In February, BDP member of parliament Emine Ayna sued deputy prime
    minister Bulent Arinc for calling her a ``creature.'' She demanded
    10,000 lira ($6,666) compensation. The case continued at year's end.
        On May 21, a Diyarbakir court indicted singer Ferhat Tunc for
    ``spreading propaganda for the PKK'' and ``acting on behalf of an
    illegal organization'' for a speech he gave at a festival in Eruh in
    August 2009 on the 25th anniversary of the first PKK attack. The singer
    faced up to 15 years' imprisonment. The case continued at year's end.
        During the year the prosecutor ceased the investigation of
    suspected violations of article 301 against the National Police Academy
    for a workshop conducted in August 2009 on the Government's ``Kurdish
    Opening'' initiative aimed at addressing some concerns of the country's
    Kurdish citizens.
        The Government owned and operated the Turkish Radio and Television
    Corporation (TRT). According to the High Board of Radio and Television
    (RTUK), as of November there were 210 local, 15 regional, and 25
    national television stations and 944 local, 99 regional, and 35
    national radio stations officially registered in the country. In
    addition, 77 television channels operated on cable networks, and the
    RTUK granted seven television and two radio enterprises satellite
    licenses and broadcast permits necessary for operation. Other
    television and radio stations broadcast without an official license.
    The wide availability of satellite dishes and cable television allowed
    access to foreign broadcasts, including several Kurdish-language
    private channels. Most media were owned by large, private holding
    companies that had a wide range of outside business interests; the
    concentration of media ownership influenced the content of reporting
    and limited the scope of debate. Observers noted that some media
    conglomerates used the media as a tool to build pressure for or against
    government policies.
        The RTUK reported that radio and television stations were allowed
    to broadcast in the following languages besides Turkish during the
    year: Arabic, Bosnian, Circassian, and Kurdish (both Kurmanci and Zaza
    dialects).
        The country had active privately owned print media. Hundreds of
    private newspapers spanning the political spectrum appeared in numerous
    languages, including Kurdish, Armenian, Arabic, English, and Farsi.
    However, authorities routinely censored media with pro-Kurdish or
    leftist content, particularly in the southeast, by confiscating
    materials or temporarily closing down the media source. According to
    the TNP, 21 issues of newspapers, 32 issues of magazines, and 10 books
    were confiscated during the year.
        Prosecutors harassed writers, journalists, and political figures by
    bringing dozens of cases to court under various laws that restrict
    media freedom. However, judges dismissed many of these charges.
    Authorities at times ordered raids of newspaper offices, closed
    newspapers temporarily, issued fines, or confiscated newspapers for
    violating speech codes. Despite government restrictions, the media
    criticized government leaders and policies daily and in many cases
    adopted an adversarial role with respect to the Government. On October
    20, Reporters without Borders cited a ``frenzied proliferation of
    lawsuits, incarcerations, and court sentencing targeting journalists.''
    The Solidarity Platform of Imprisoned Journalists reported that, at the
    end of the year, there were 43 journalists in prison, 10 of these
    editors in chief. Most of these journalists were being charged under
    antiterror laws.
        On February 26, Prime Minister Erdogan made statements that many
    observers believed implied media owners should fire columnists whom
    Erdogan accused of hurting the economy with their negative reporting.
    These statements were seen by many as an attempt to censor the media's
    critical reporting on government activities. Observers reported that
    government officials and state bureaucrats made other statements
    throughout the year that were interpreted as influencing the
    independence of the media.
        The media reported that, by year's end, more than 5,000 cases were
    filed against journalists covering the Ergenekon trial. Of those, more
    than 20 journalists were convicted. The remaining cases continued at
    the end of the year.
        On December 2, the country's top administrative court suspended a
    large portion of the 2009 tax fine against the Dogan Media Group. Some
    observers were concerned that the Government was using the large tax
    fine to punish the media group because its editorial line had been
    considered critical of the Government and prime minister. They
    described the fine as having a chilling effect on journalists, which
    continued during the year, and reported that the Government was using
    it to silence opposition. Although the fine was suspended, a case
    regarding the validity of the fine continued at year's end.
        National publications could be denied access to government
    officials because of their reporting. During the year a journalist from
    the daily newspaper Evrensel, Sultan Ozer, and at least five other
    journalists did not receive accreditation to the Prime Ministry after
    being denied in 2009 as well. The TGS did not admit to its media
    briefings representatives of publications which it perceived as
    espousing views contrary to the TGS.
        There were complaints during the year against authors and
    publishers filed by ideologically motivated attorneys and prosecutors.
    Dozens of authors, writers, and publishers were on trial at year's end.
        On January 11, the Court of Appeals decided that the 2008 ``I
    apologize to the Armenians'' campaign did not constitute a crime and
    dropped the case against the organizers.
        On February 18, an Istanbul court convicted attorneys Irfan Dundar
    and Firat Aydinkaya to 10 months' imprisonment for a 2004 article in
    the Ozgur Gundem daily newspaper that reported Ocalan's comments to his
    attorneys. They were convicted of ``making propaganda for a terrorist
    organization.''
        In April a court convicted Samil Tayyar of the daily newspaper Star
    and gave him a suspended term of 15 months in prison for writing about
    the continuing trial of the alleged Ergenekon organization. Tayyar was
    convicted of violating individual confidentiality, influencing the
    independence of the judiciary, and violating the confidentiality of
    preliminary investigations.
        On May 13, a local court convicted Vedat Kursun, former editor in
    chief of the Kurdish-language newspaper Azadiya Welat for membership in
    a terrorist organization and violating antiterror laws in connection
    with 102 articles he had written in 2007 and 2008. Kursun was sentenced
    to 166 years in prison. In another case in December, Kursun was
    sentenced to another 138 years for articles he published in the same
    newspaper. Both cases were under appeal at year's end.
        On June 4, an Istanbul court convicted Express magazine writer
    Irfan Aktan and editor Merve Erol under antiterror laws for spreading
    propaganda for a terrorist organization in a 2009 article that Aktan
    wrote on the Kurdish problem. Aktan was sentenced to one year and three
    months in prison, and Erol received a 16,600 lira ($11,066) fine.
        Several cases remained outstanding at year's end against publisher
    Ragip Zarakolu for publishing books deemed offensive or ``dangerous''
    or for ``spreading propaganda of a terrorist organization.''
        On June 10, an Istanbul court convicted author N. Mehmet Guler to
    one year and three months in prison for ``spreading propaganda of a
    terrorist organization'' for his book More Difficult than Death.
    Publisher Zarakolu was acquitted in the same case. On September 30, a
    separate case was opened against Zarakolu for publishing another book
    about the Kurdish issue. The case continued at year's end.
        On October 26, the trial of Ogun Samast, accused of killing
    prominent human rights activist Hrant Dink in 2007, was transferred to
    Istanbul Juvenile Court under the amendments that prohibit trying
    juveniles under the antiterror laws. Samast was 17 when the killing
    occurred. The case continued at year's end.
        On October 27 and December 30, an Ankara court continued the case
    against publisher and writer Temel Demirer for allegedly violating
    article 301. Demirer had been charged for a statement he made after the
    2007 Dink killing that ``Hrant Dink was not killed for being Armenian
    but for recognizing the genocide.'' The case continued at year's end.
        On June 4, an Istanbul court acquitted Nedim Sener, who was charged
    with ``publicizing confidential information'' and ``insulting
    government officials'' in a book he published, Dink Murder and
    Intelligence Lies.
        Printing houses were required to submit books and periodicals to
    prosecutors at the time they were published. The TPA reported that
    publishers often avoided works with controversial content in order to
    stay out of court. It also reported that the prohibition and recall of
    books remained a concern, although there were fewer such cases than in
    2009. Several publications were recalled pending a final court decision
    during the year. Writers and publishers were still prosecuted on
    grounds of defamation, denigration, obscenity, separatism, terrorism,
    subversion, fundamentalism, and insulting religious values. According
    to the TPA, authorities investigated or opened court cases against
    dozens of publications and publishers during the year. The
    International Publishing Association stated that, at year's end, 70
    persons from the literary world were on trial in the country.
        On May 21, the RTUK approved an application from a private TV
    station in Diyarbakir to change its name to AMED-TV. ``Amed'' is the
    Kurdish name for Diyarbakir. AMED-TV began broadcasting in the Kurmanci
    and Zaza dialects of Kurdish, along with Turkish, Farsi, and Arabic, on
    May 23.

        Internet Freedom.--The Internet was widely available in the
    country. It was used in schools, libraries, cafes, and other public
    locations, and the Government encouraged its use. There were some
    restrictions on Internet access. According to TurkStat, the country's
    national statistics authority, individuals in approximately 41.6
    percent of homes in the country used the Internet during the year.
        The Internet law allows the Government to prohibit a Web site if
    there is suspicion that the site is committing any of eight crimes:
    insulting Ataturk, obscenity, prostitution, gambling, or encouraging
    suicide, sexual abuse of children, drug abuse, or dangerous substances
    for health care. Upon receiving a complaint or as a result of personal
    observations, a prosecutor may request that a judge prohibit access to
    the offending site or, in an urgent situation, the Telecommunication
    Presidency (TP) may prohibit access. In either case, a judge must rule
    on the matter within 24 hours. Following a judicial order, the Internet
    service provider (ISP) must block access within 24 hours. If the judge
    does not approve the block, the prosecutor must ensure access is
    restored. The ISP administrators may face a penalty ranging from six
    months' to two years' imprisonment for failing to comply with a
    judicial order. The law also allows persons who believe a Web site
    violates their personal rights to request the TP to order the ISP to
    remove the offensive content. No official figures on the number of
    blocked Web sites were available at year's end. However, Engelliweb, an
    NGO working on internet freedom issues, reported that by October 31,
    6,457 sites had been blocked in the country, a substantial increase
    over the reported numbers in 2009.
        On June 7, the Ministry of Transport asked the TP to block access
    to certain Web sites associated with Google services and demanded that
    YouTube register as a taxpayer in the country. Other services,
    including Google Translate, Google Docs, and Google Books, were blocked
    because they tried to ``circumvent Turkey's laws'' to allow access to
    YouTube. Access to these services was restored at year's end.
        On October 31, the TP removed the 2008 prohibition on the YouTube
    Web site because a video that lampooned Ataturk had been removed from
    the site. The site remained accessible at year's end.
        On November 2, an Ankara court ordered YouTube blocked again for
    publishing a secretly taped video allegedly showing then head of the
    opposition Republican People's Party (CHP) Deniz Baykal with a woman in
    a hotel room. The court ordered the Web site blocked because of
    ``obscene and immoral images.'' As of year's end, the TP had not acted
    on the court order, and the Web site remained accessible.
        On August 6, the TP banned Playboy magazine's Web site without a
    court order, based on ``a legal evaluation'' of the Internet law on
    obscenity. The ban remained in force at year's end.
        On September 17, a court ordered the TP to block the social
    networking site Facebook because videos posted on the site insulted
    Turks and Ataturk. However, the TP decided not to block the site
    because the offending material was removed. The site remained
    accessible at year's end.
        Government authorities on rare occasions accessed Internet user
    records to protect ``national security, public order, health, and
    decency'' or to prevent a crime. Police must obtain authorization from
    a judge or, in emergencies, the ``highest administrative authority''
    before taking such action and generally did so in practice.

        Academic Freedom and Cultural Events.--There were generally no
    government restrictions on academic freedom or cultural events during
    the year; however, there was some self-censorship on sensitive topics.
    Restrictions on freedom of speech at times were used to limit 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 restricted this right in practice. Significant prior
    notification to authorities is required for a gathering, and
    authorities may restrict meetings to designated sites.
        The HRF reported that security forces killed two persons during
    demonstrations and injured 143, a substantial decrease from the
    previous year. There were reports that police beat, abused, or harassed
    demonstrators during the year. The HRF reported that police detained
    1,716 and arrested 152 persons involved in demonstrations during the
    year. The detentions varied in length from several hours to several
    days.
        Human Rights Watch (HRW) reported that many demonstrators were
    punished during the year ``even if their offense was making a victory
    sign, clapping, shouting a PKK slogan, throwing a stone, or burning a
    tire.'' The HRW report criticized heavily the use of antiterror laws to
    punish persons who were exercising their right to demonstrate
    peacefully.
        AI reported that on June 17, Halil Savda, Gokce Otlu Sevimli,
    Zarife Ferda Cakmak, and Volkan Sevinc were convicted of ``alienating
    the public from military service.'' The case stemmed from their
    attendance at a public demonstration on January 6 and a press release
    in support of conscientious objector Enver Aydemir. Savda, Sevimli, and
    Cakmak each received prison sentences of six months; Sevimli's and
    Cakmak's sentences were suspended. Sevinc was also convicted of
    insulting a police officer and sentenced to one year and six months in
    prison, suspended.
        Public events around the country celebrating the Nevruz holiday in
    March were generally peaceful. However, violence continued to mar
    demonstrations related to the Kurdish problem during the rest of the
    year in the southeast of the country.
        A number of symbolic public events took place on April 24 to
    commemorate events relating to the Armenian issue and the tragic events
    of 1915. The gatherings were peaceful and received police protection
    where necessary.
        Labor Day celebrations on May 1 were generally peaceful. For the
    first time in 33 years, celebrations were officially allowed in Taksim
    Square in Istanbul, which in the past was a traditional location for
    such celebrations.

        Freedom of Association.--The law provides for freedom of
    association; however, several restrictions on this right continued in
    practice.
        Under the law, persons organizing an association do not need to
    notify authorities beforehand, but an association must provide
    notification before interacting with international organizations or
    receiving financial support from abroad and must provide detailed
    documents on such activities. Representatives of associations stated
    this placed an undue burden on their operations.
        According to the Third Sector Foundation of Turkey, an advocacy
    NGO, the criteria for NGOs to obtain public benefit status that
    entitles them to certain tax exemptions were restrictive and
    complicated. Applications for public benefit status must be approved by
    the Council of Ministers. The law does not allow applicants to appeal
    if their petitions are rejected.

        c. Freedom of Religion.--For a complete description of religious
    freedom, please see the 2010 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, at times the Government limited these rights in
    practice. The September 12 constitutional amendments state that only a
    judge may limit the freedom to travel and only in connection with a
    criminal investigation or prosecution. The Government reduced
    substantially the number of roadway checkpoints in the southeast, where
    it maintained a heavy security presence. The Government generally
    cooperated with the UNHCR and other humanitarian organizations to
    provide protection and assistance to internally displaced persons,
    refugees (recognized as such with certain geographical limitations on
    country of origin), returning refugees, asylum seekers awaiting
    resettlement to third countries, stateless persons, and other persons
    of concern.
        The law prohibits forced exile, and the Government did not employ
    it.

        Internally Displaced Persons (IDPs).--Fighting between the security
    forces and the terrorist PKK, which began in 1984 and continued during
    the year, resulted in hundreds of thousands of citizens living as IDPs
    in the country. Many IDPs settled permanently in cities in the west,
    especially around Izmir and Istanbul. According to the TNP, a total of
    187,861 citizens returned voluntarily to their villages in the
    southeast by October.
        The law to compensate IDPs allowed persons who suffered material
    losses during the conflict with the PKK to apply for compensation
    through May 2009. The EC's November progress report stated that the
    Government had made continued progress on compensating losses due to
    terrorism and the fight against terrorism since 2004. Rejected
    applicants have launched numerous cases in administrative courts.
    Several of them applied to the ECHR. Local NGOs and regional bar
    associations maintained that the law included unreasonable
    documentation requirements and awarded levels of compensation far below
    standards established by the ECHR. The Government denied these claims.
        Voluntary and assisted resettlements continued. In a few cases,
    persons could return to their former homes; in other cases centralized
    villages were constructed. The TNP reported it had provided
    compensation totaling 1.95 billion lira (approximately $1.3 billion) by
    October related to losses stemming from the fight against PKK
    terrorists.

        Protection of Refugees.--The country accepts its obligations under
    the 1967 Protocol relating to the Status of Refugees only with respect
    to refugees from Europe. An administrative regulation provides for the
    granting of asylum or refugee status. During the year the Ministry of
    Interior conducted a parallel refugee status determination process
    subsequent to the UNHCR's determinations, affirming the latter's
    decisions in nearly all cases.
        The Government requires that refugees who have no durable solution
    in the country obtain exit permission before departing for resettlement
    in other countries. In the past, such permission was withheld until the
    person paid a residence fee and any back fees and fines. In March the
    Ministry of Interior released guidance that the municipality where an
    asylum seeker resides may waive the residence permit fee for persons
    who are unable to pay. No data was available at year's end regarding
    the number of waivers granted.
        In most cases, the Government provided protection against the
    expulsion or return of refugees to countries where their lives or
    freedom would be threatened on account of their race, religion,
    nationality, membership in a particular social group, or political
    opinion. In the first nine months of the year, 62 persons of interest
    to the UNHCR were deported from the country. This was a significant
    decrease from the previous year, when the number deported was 214. The
    UNHCR sometimes had difficulty gaining access to interview potential
    refugees if they had already been detained or arrested by security
    forces for illegal entry into the country.
        The Government detained refugees and asylum seekers who entered the
    country illegally, a practice that was criticized by AI during the
    year. A total of 1,014 persons were detained in the first nine months
    of the year; 310 were registered with the UNHCR. Detainees could be
    held indefinitely. According to UNHCR, the majority of those detained
    were from Afghanistan (646) and Iran (177).
        Iraqi citizens were generally able to obtain tourist visas upon
    arrival at airports in the country. However, some foreigners transiting
    the country on their way to Europe, including Iraqis, were returned to
    their countries of origin when immigration authorities determined they
    might seek asylum in Europe.
        Access to the national procedure for temporary asylum was hindered
    by the lack of reception facilities for groups of interdicted migrants,
    potentially including asylum seekers, and a lack of interpreters to
    assist security officials.
        The law does not have a strict time limit for asylum seekers or
    require them to present a valid identity document. The law also
    provides for a waiver of residence permit fees for asylum seekers in
    ``humanitarian situations.'' After the issuance of a government
    circular in March ordering the end to fines for late registration,
    there were no reports of fines being imposed or enforced.
        The UNHCR reported successful interventions in most cases where
    asylum seekers arrived lawfully in the country after transiting one or
    more other countries. It also reported improved access to persons in
    detention who wished to apply for asylum, ship stowaways who wished to
    apply for asylum, and persons seeking asylum while they were in the
    international areas of the country's airports during the year.
        The Government provided temporary protection to persons who may not
    qualify as refugees, including persons of non-European origin. Refugees
    needed permission from local authorities to travel to Istanbul or
    Ankara, including for meetings with the UNHCR or resettlement agencies.
        Human rights groups reported that nearly 200 lesbian, gay,
    bisexual, or transgender (LGBT) refugees from Iran were living in the
    country at year's end. The group reported that these refugees faced
    numerous problems in the country in addition to their refugee status
    due to their sexual orientation or gender identity.
    Section 3. Respect for Political Rights: The Right of Citizens to
            Change Their Government
        The constitution and law provide citizens with the right to change
    their government peacefully, and citizens exercised this right in
    practice through periodic, free, and fair elections based on universal
    suffrage. However, the Government restricted the activities of some
    political parties and leaders.

        Elections and Political Parties.--In October 2009 the law on the
    election of parliamentarians was amended so that parliamentary
    elections are to be held every four years instead of every five.
        The 2007 parliamentary elections were held under election laws that
    the Organization for Security and Cooperation in Europe (OSCE) found
    established a framework for democratic elections in line with
    international standards. The law requires a party receive at least 10
    percent of the valid votes cast nationwide to enter parliament. Some
    political parties and human rights groups criticized the 10 percent
    threshold as unduly high. Three parties of the 21 eligible to run
    crossed the threshold in the 2007 elections. Candidates who ran as
    independents were able to bypass the threshold.
        In its observation report following the 2007 elections, the OSCE
    noted that despite a comprehensive legal framework for elections, a
    number of laws creating the potential for uncertainty and arbitrary
    interpretation constrained political campaigning and freedom of
    expression in a broader context. The OSCE also noted the positive
    efforts made to enhance the participation of citizens of Kurdish origin
    in political life.
        On April 11, the political parties law and the election law were
    amended to allow the use of languages other than Turkish during an
    election campaign. While Turkish is still the primary language for
    election campaigns, other languages, such as Kurdish, may be used.
        The military's political influence via formal and informal
    mechanisms declined during the year. In December the military published
    a statement on its Web site reminding the country that the official
    language was Turkish as a reaction to statements by some political
    leaders that they would use Kurdish in parliament and during official
    business. However, the president and other government officials
    immediately attempted to give official context to the military's
    statement by stating that Turkish is the official language of the
    country.
        Political parties and candidates could freely declare their
    candidacy and run for election. However, the chief prosecutor of the
    Court of Appeals could seek to close political parties for
    unconstitutional activities by bringing a case before the
    Constitutional Court.
        The September 12 constitutional amendments repealed the
    constitutional provision that allowed removal of a person from
    parliament if he or she was involved in acts that caused a political
    party to be closed. However, in November the EC noted in its progress
    report that a majority of the former Democratic Society Party and BDP
    members of parliament had been taken to court and that the country
    ``still needs to align its legislation as regards procedure and grounds
    for closures of political parties with European standards'' on freedom
    of association.
        During the year police raided dozens of BDP offices, particularly
    in the southeast, and detained more than 1,000 BDP officials and
    members. Prosecutors also opened numerous investigations and trials
    against BDP members, mostly for alleged membership or support of the
    KCK. Jandarma and police regularly harassed BDP members through verbal
    threats, arbitrary detentions at rallies, and detention at checkpoints.
    Security forces also regularly harassed villagers they believed were
    sympathetic to the BDP. Although security forces released some
    detainees within a short period, many faced trials, usually for
    supporting an illegal organization or inciting separatism.
        There were 48 women in the 550-seat parliament and two female
    ministers in the 27-member cabinet. More than 100 members of parliament
    and at least three ministers were of Kurdish origin.
    Section 4. Official Corruption and Government Transparency
        The law provides criminal penalties for official corruption;
    however, the Government did not implement the law effectively, and some
    officials engaged in corrupt practices with impunity. The EC noted in
    its November report that the ``scope of parliamentary immunities'' in
    cases of corruption was ``too wide'' and that there were incomplete
    measures to ensure transparency in areas such as political party
    financing and election campaigns.
        The Ministry of Interior suspended the Adana mayor from duty in
    March because of corruption allegations. Administrative and judicial
    investigations continued at year's end.
        The law requires government officials to provide a full financial
    disclosure, including listing physical property, every five years; this
    requirement was generally fulfilled. The Prime Ministry's Inspection
    Board, which advises the Corruption Investigations Committee, is
    responsible for investigating major corruption cases. Nearly every
    state agency has its own inspector corps responsible for investigating
    internal corruption. Parliament can establish investigative commissions
    to examine corruption allegations concerning cabinet ministers or the
    prime minister. A majority vote is needed to send these cases to the
    courts for further action.
        The law provides for public access to government information.
    However, the Government occasionally rejected applications on national
    security and other grounds, and there were no opportunities to appeal.
    Section 5. Governmental Attitude Regarding International and
            Nongovernmental Investigation of Alleged Violations of Human
            Rights
        A number of domestic and international human rights groups operated
    in many regions but faced government obstruction and restrictive laws
    regarding their operations, particularly in the southeast. Government
    officials were generally uncooperative and unresponsive to their views,
    although cooperation increased during the year. Human rights
    organizations and monitors as well as lawyers and doctors involved in
    documenting human rights violations continued to face detention,
    prosecution, intimidation, harassment, and closure orders for their
    activities. Human rights organizations reported that official human
    rights mechanisms did not function consistently and failed to address
    grave violations. During the year AI reported that some human rights
    defenders were prosecuted for monitoring and reporting human rights
    violations.
        The HRA had 28 branches nationwide and claimed a membership of
    approximately 11,000. The independent HRF, established by the HRA,
    operated torture rehabilitation centers in Ankara, Izmir, Istanbul,
    Diyarbakir, and Adana, as well as a ``mobile office'' in the
    southeastern region. It also served as a clearinghouse for human rights
    information. Other domestic NGOs included the Helsinki Citizens
    Assembly, the Human Rights Research Association, the Turkish Medical
    Association, the Civil Society Development Center, and human rights
    centers at a number of universities, among others.
        The first session of the trial against Muharrem Erbey, president of
    the HRA in Diyarbakir and vice president of the national HRA, began on
    October 20 along with the other suspects in the KCK trial in
    Diyarbakir. The HRA and many international human rights organizations
    continued to claim that Erbey was arrested for his work at the HRA and
    as a human rights lawyer. The trial continued at year's end.
        During the year the 2008 trial in an Adana court against HRA Adana
    secretary general Ethem Acikalin continued; he faced two years in
    prison for making propaganda of an illegal organization. Acikalin was
    charged after chanting slogans during a 2007 press meeting
    commemorating the death of 28 inmates during a military operation in
    2000. On October 9, in another case, Acikalin was sentenced to three
    years in prison for statements he made regarding children who had been
    tried under antiterror laws. Numerous other court cases were
    outstanding against Acikalin at year's end. Media reports indicated
    that Acikalin took refuge in Switzerland in March and remained out of
    the country at year's end.
        On June 12, a court convicted four members of HRA's Canakkale
    branch, including its chairman, to 18 months' imprisonment each for
    organizing an unauthorized ``World Peace Day'' gathering in 2007. An
    appeal remained pending at year's end.
        The Government generally cooperated with international
    organizations such as the CPT, UNHCR, and the International
    Organization for Migration; however, some international human rights
    workers reported that the Government purposefully harassed them or
    raised artificial bureaucratic obstacles to prevent their work during
    the year.
        The HRP was authorized to monitor the implementation of legislation
    relating to human rights and to coordinate the work of various
    government agencies in the field of human rights. Despite lacking a
    budget and sufficient resources, the HRP carried out a number of
    projects with the EC and Council of Europe.
        During the year the HRP promoted human rights by showing short
    films on topics such as freedom of expression, discrimination,
    children's rights, and torture. The HRP maintained a no-cost emergency
    hotline for persons to report information on human rights violations
    for transmission to the appropriate government body. The HRP reported
    increased awareness of its activities during the year.
        There were provincial human rights councils under the HRP in all 81
    provinces and their constituent subprovinces. These bodies served as a
    forum for human rights consultations among NGOs, professional
    organizations, and the Government. They had the authority to
    investigate complaints and to refer them to the prosecutor's office.
    However, many councils failed to hold regular meetings or effectively
    fulfill their mandates. The HRA generally refused to participate on the
    councils, maintaining that they lacked authority and independence.
        The September 12 constitutional amendments called for the
    establishment of an ombudsman's office and an independent human rights
    commission. At year's end, parliament had taken no legal steps to
    establish either institution.
        The parliamentary HRIC received 3,200 petitions and published 15
    reports from October 2009 to October 2010. These covered various
    complaints, such as sexual harassment in universities, the situation in
    state-run orphanages, and conditions in military and civilian prisons.
    For the first time, the HRIC was allowed to visit and evaluate military
    prisons during the year. The EC noted in its November report that the
    HRIC focused on policymaking and the legislative process during the
    year as well.
    Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
        The law prohibits discrimination based on race, gender, religion,
    disability, language, or social status; however, the Government did not
    enforce these prohibitions effectively. The September 12 constitutional
    amendments allow measures to be taken to advance gender equality, as
    well as measures to benefit children, seniors, persons with
    disabilities, widows, and veterans without violating the constitutional
    prohibition against discrimination. The Government maintained hotlines
    to prevent the exploitation of women, children, persons with
    disabilities, and senior citizens, although some human rights groups
    questioned their effectiveness.

        Women.--The law prohibits rape, including spousal rape, with prison
    terms of two to seven years for sexual assault. However, the Government
    did not effectively enforce the law. Victims often waited days or weeks
    to report incidents due to embarrassment or reprisals; these delays
    hindered effective prosecution of assailants. Human rights
    organizations claimed that cases of rape were heavily underreported.
        Violence against women, including spousal abuse, was a serious and
    widespread problem both in rural and urban areas. Women's NGOs reported
    that more than 150,000 women were victims of domestic violence between
    2001 and 2005, the latest period for which statistics were available.
    The law prohibits violence against women, including spousal abuse, but
    the Government did not effectively enforce it. The criminal code does
    not specifically forbid ``spousal abuse'' but provides punishment based
    on the underlying crime, such as assault, wrongful imprisonment, or
    threats. The civil code states that spousal abuse is a reason for
    granting divorce. Restraining orders were regularly issued by courts
    during the year to protect abused women, but human rights organizations
    reported that police rarely effectively enforced them. Domestic human
    rights organizations reported these laws were partially but
    increasingly effective; more women called the police emergency hotline
    to report domestic violence and went to police stations to file abuse
    reports. Some organizations reported that societal acceptance of
    domestic abuse in some cases contributed to underreporting.
        Through October 27, the Government's hotline received 19,377 calls:
    8,704 were from women, 1,658 from children, 5,807 from disabled
    individuals, and 512 from the elderly. The Institution for Social
    Services and Orphanages operated 29 women's shelters with a total
    capacity of 650 persons for female victims of domestic violence and
    rape. The municipalities operated 19 women's shelters with a capacity
    of 609 persons. The Government reported that provincial government
    offices, municipalities, and NGOs operated 54 shelters. Regulations
    call for women's shelters in any town with a population of more than
    50,000 persons. Observers noted that there were an inadequate number of
    shelters, or no shelters at all, in many towns with populations of more
    than 50,000 persons.
        Persons convicted of honor killings may receive life imprisonment.
    The Ministry of Justice reported that 10 cases involving 25 suspects
    and 18 victims of honor killings began during the year. Of these, eight
    cases involving 11 victims were finalized during the year, and 10
    individuals were convicted. Most honor killings occurred in
    conservative families in the rural southeast or among migrants from the
    southeast living in large cities. Because of sentence reductions for
    juvenile offenders, observers noted that young male relatives often
    were designated to perform such killings.
        Due to penalties for honor killings, family members sometimes
    pressured girls to commit suicide in order to preserve the family's
    honor. Government officials worked with advocacy groups to hold town
    hall meetings and set up rescue teams and hotlines for endangered women
    and girls.
        KA-MER, the leading women's organization in the southeast, stated
    that 62 women from the eastern and southeastern regions contacted it to
    report that their families had threatened them with honor killings. The
    father or husband decided the fate of the woman in the vast majority of
    the cases. KA-MER complained that, while in the past police had shared
    statistics on suicides in such situations, they did not share such
    information during the year.
        On February 4, the father and grandfather of Medine Mimi, a teenage
    girl, were arrested after allegedly killing her for talking to boys.
    Her body was found in a hole outside a chicken pen near the family's
    home in Adiyaman. Mimi had been buried alive. The case continued at
    year's end.
        On July 22, a 15-year-old boy allegedly killed his 17-year-old
    sister, Seyma G., in Diyarbakir after she left a women's shelter where
    she had been staying to escape violence at home. Her body was found
    half-buried in the ground after she had been strangled to death. Police
    arrested the brother on July 16. The case continued at year's end.
        No information was available on the investigation of Sukru Batuhan
    for the April 2009 honor killing of Leyla Gok in Siirt.
        An appeal continued at year's end for the 2009 conviction of Muslum
    Bakir for the 2008 murder of his wife, whom he married in an unofficial
    religious ceremony.
        The law provides different penalties for the crimes of sexual
    harassment and sexual assault, requiring two to seven years'
    imprisonment for sexual assault and three months' to two years'
    imprisonment plus a fine for sexual harassment. Women's rights
    activists maintained both laws were rarely enforced.
        On July 23, the Court of Appeals overturned on procedural grounds
    the conviction of Huseyin Uzmez for sexually harassing a 14-year-old
    girl and disturbing her mental health. A retrial began on November 25
    and continued at year's end.
        Couples and individuals in most cases have the right to decide the
    number, spacing, and timing of children and have the information and
    means to do so free from discrimination. However, on March 6, the
    Ministry of Health promulgated regulations that made women impregnated
    through sperm banks liable for prosecution for giving birth to children
    whose lineage was unknown. Women and men were given equal access to
    diagnostic services and treatment for sexually transmitted infections.
        In 2008 the UN Population Fund estimated the maternal mortality
    ratio in the country to be 23 deaths per 100,000 live births. Skilled
    attendants assisted an estimated 83 percent of all births; 71 percent
    of the country's population used some method of birth control, and 43
    percent used modern methods of contraception, including male and female
    sterilization, IUDs, oral and injected contraceptives, hormonal
    implants, condoms, and female barrier methods.
        The September 12 constitutional amendments allow measures,
    including positive discrimination, to be taken to advance gender
    equality and declared that such measures would not violate the
    constitutional prohibition against discrimination. Under the law, women
    enjoy the same rights as men; however, societal and official
    discrimination were widespread. The Directorate General on the Status
    and Problems of Women under the minister of state in charge of family
    affairs is responsible for promoting equal rights and raising awareness
    of discrimination against women.
        Women continued to face discrimination in employment and were
    generally underrepresented in managerial-level positions in business
    and government. According to a November report by the EC, the levels of
    women's employment and their political participation nationally and
    regionally were low. A large percentage of women employed in
    agriculture and in the retail, restaurant, and hotel sectors worked as
    unpaid family labor. The World Economic Forum reported during the year
    that women earned 57 percent of what their male counterparts earned for
    similar work. The Government reported that men and women were offered
    equal opportunities in work and received equal pay for equal work.

        Children.--There is universal birth registration in the country.
    Citizenship in the country is passed through blood from a child's
    parents. Some parents were allowed to give their children names derived
    from the Kurdish language during the year. However, on February 2, the
    ECHR upheld the country's prohibition on the use of the letters W, X,
    and Q, which do not exist in the Turkish alphabet, on birth
    certificates.
        The September 12 constitutional amendments permit positive
    discrimination for children. The amendments also provide that the state
    shall take measures to protect children against exploitation. The
    amendments commit the Government to furthering children's welfare and
    to work to expand opportunities in education and health.
        Education through age 14 or the eighth grade is free, universal,
    and compulsory.
        Child abuse was a problem. There were honor killings of girls by
    immediate family members, sometimes by juvenile male relatives.
        Child marriage occurred, particularly in poor, rural regions;
    however, women's rights activists claimed that underage marriage became
    less common in the country in recent years. The law defines 17 as the
    minimum age for marriage, although children as young as 12 were at
    times married in unofficial religious ceremonies.
        On December 13, police arrested a 22-year-old man in Sanliurfa who
    married a 13-year-old girl. Another adult man who married a 14-year-old
    girl was detained in the same action. A case had not begun at year's
    end.
        There were reports that children were subject to commercial sexual
    exploitation. The law criminalizes sexual exploitation of children and
    mandates a minimum sentence of eight years in prison. A person
    convicted of encouraging or facilitating children into prostitution can
    receive a sentence between four and 10 years; if violence or pressure
    is involved, the sentence can be doubled.
        The minimum age of consent in the country is 15. The law provides
    for imprisonment of six months to two years for statutory rape; the
    sentence is doubled if the offender is more than five years older than
    the victim. The law prohibits producing or disseminating child
    pornography and provides for a sentence of six months to two years as
    well as a fine.
        The country is a party to the Hague Convention on the Civil Aspects
    of International Child Abduction. For information on international
    parental child abduction, please see the Department of State's annual
    report on compliance at http://travel.state.gov/abduction/resources/
    congressreport/congressreport--4308.html.

        Anti-Semitism.--There were some reports of anti-Semitic incidents
    against members of the Jewish community, which numbered approximately
    23,000. Jewish leaders in the country believed that occurrences of
    anti-Semitism were directly related to events in the Middle East;
    however, Jewish community members reported that they did not feel they
    were held responsible for these events by most of the public. After the
    ``Free Gaza'' flotilla incident on May 31, government leaders at all
    levels emphasized through public speeches that Turkish Jews were
    distinct from both Israeli citizens and the Israeli government, and
    they asserted that the country's Jews should be protected. Jewish
    community leaders noted that after the event they received extra police
    protection, which prevented a few acts of vandalism against community
    property. Nonetheless, they expressed concerns about the rising anti-
    Semitism in the country.
        In June an individual was arrested on charges of planning the
    assassination of rabbis. Although he stated that he ``hated Jews''
    personally, he denied the accusation of planning the killings.
        A variety of newspapers and television shows continued to feature
    anti-Christian and anti-Jewish messages, and anti-Semitic literature
    was common in bookstores.

        Trafficking in Persons.--For information on trafficking in persons,
    please see the Department of State's annual Trafficking in Persons
    Report at www.state.gov/g/tip.

        Persons With Disabilities.--The September 12 constitutional
    amendments allow positive discrimination based on disability status.
    The law prohibits discrimination against persons with disabilities in
    employment, education, access to health care, and in the provision of
    other state services; the Government generally enforced the law
    effectively. The law does not mandate access to buildings and public
    transportation for persons with disabilities, and access in most cities
    was extremely limited. The Administration for Disabled People under the
    Prime Ministry was responsible for protecting the rights of persons
    with disabilities.
        The Ministry of Transport and Communication announced in May that
    38,192 persons with disabilities would be employed by the state by
    year's end.
        There was no movement on the investigation into Duchess of York
    Sarah Ferguson's documentary about the abuse of children with
    disabilities in two care centers. Prosecutors accused Ferguson of
    breaking privacy laws, and according to press reports, the Government's
    request to the United Kingdom to extradite Ferguson to stand trial
    remained pending at year's end.
        According to the EC, mental health hospitals and rehabilitation
    centers did not provide sufficient medical care or treatment. In
    November 2009 the Initiative for Human Rights in Mental Health reported
    a need to increase the number of professional care staff, improve
    hygienic conditions, vary treatment beyond only antipsychotic drugs and
    antidepressants, and allow for greater freedom of movement.

        National/Racial/Ethnic Minorities.--The law provides a single
    nationality designation for all citizens and does not recognize
    national, racial, or ethnic minorities. In November the EC's progress
    report observed the country's approach to respecting and protecting
    minority and cultural rights remained restrictive.
        Citizens of Kurdish origin constituted a large ethnic and
    linguistic group. Millions of the country's citizens identified
    themselves as Kurds and spoke Kurdish dialects. Kurds who publicly or
    politically asserted their Kurdish identity or promoted using Kurdish
    in the public domain risked censure, harassment, or prosecution. In
    practice, children whose first language is Kurdish could not be taught
    in Kurdish in either private or public schools.
        On April 11, the political parties law was amended to allow
    campaigning in languages other than Turkish, including Kurdish. Several
    private television and radio stations were allowed to broadcast in
    languages other than Turkish, including Kurdish, Arabic, and Armenian,
    and newspapers published in Kurdish, Armenian, and Farsi were allowed
    to function without administrative obstacles.
        On October 11, Mardin Artuklu University began a three-month
    Kurdish literature and culture course for 50 graduate students under
    its ``Living Languages Institute.''
        The country's law is interpreted to recognize only three religious
    minorities--Armenian Orthodox Christians, Jews, and Greek Orthodox
    Christians--and no other ethnic and religious minorities, such as
    Alevis, Yezidis, Assyrians, Catholics, Protestants, Kurds, Jafaris,
    Circassians, Laz, or Roma. These other groups were prohibited from
    fully exercising their linguistic, religious, and cultural rights and
    continued to face intense pressure to assimilate.
        There is no firm estimate of the number of Roma in the country.
    Roma continued to face persistent discrimination and problems with
    access to education, health care, and housing. In March the prime
    minister and cabinet held an unprecedented public meeting with
    approximately 12,000 Roma citizens in Istanbul. At the meeting, the
    Government discussed planned steps to improve the housing and economic
    situation of Roma in the country. In June the Ministry of Interior
    asked all governors about the housing needs of the Roma population in
    each province. The EC stated in its November progress report that the
    ``Roma population continues to face socioeconomic problems, such as
    poverty, displacement, and lack of social services in the aftermath of
    the demolition of Roma districts under urban renewal programs in
    various cities.''
        The European Roma Rights Center, the Helsinki Citizens Assembly,
    and the Edirne Roma Culture Research and Solidarity Association
    conducted a program during the year to train the Roma community on
    civil society organization and activism. Literacy courses for Roma
    women offered by the Roma Culture and Solidarity Association of Izmir
    continued. Numerous associations celebrated International Roma Day in
    Ankara.
        In the Sulukule neighborhood of Istanbul, redeveloped housing lots
    began to sell for four to five times what the original mostly Roma
    occupants received as compensation for leaving the area. Most former
    residents did not choose to accept the Government's offer of new
    housing outside the city. In Edirne, the Government offered Roma
    citizens new apartment-style housing that was rejected by many in the
    Roma community because they considered that it did not meet their
    needs.

        Societal Abuses, Discrimination, and Acts of Violence Based on
    Sexual Orientation and Gender Identity.--While the law does not
    explicitly discriminate against lesbian, gay, bisexual, or transgender
    (LGBT) individuals, organizations working with LGBT persons stated that
    references in the law relating to ``the morals of society,''
    ``protection of the family,'' and ``unnatural sexual behavior'' were
    sometimes used as a basis for abuse by police and discrimination by
    employers. The law also states that ``no association may be founded for
    purposes against law and morality.'' This article was applied in
    attempts to shut down or limit the activities of NGOs working on LGBT
    matters, a fact the EC criticized in its progress report in November.
        In October 2009 the Directorate of Religious Affairs (Diyanet)
    under the authority of the Prime Ministry released a decision declaring
    that homosexuality is ``a behavior disorder and has been spreading in a
    scary way within society. . . . [H]omosexuality cannot be accepted.''
    The decision went on to state that homosexuality ``is against human
    nature, and it should be corrected without targeting homosexuals.''
        The state minister in charge of women and family affairs, Aliye
    Kavaf, stated on March 7 that she believed homosexuality was a
    ``biological disorder, a disease...that needs to be treated.'' The EC
    said in its progress report in November that this sort of ``negative
    stereotyping by political figures'' could provoke further
    discrimination against LGBT individuals.
        In December the RTUK issued a fine to Haberturk TV for broadcasting
    a discussion of homosexuality. The RTUK also issued a warning to ATV
    for a series that showed two men in bed together as a couple. The RTUK
    president said that because both programs presented homosexuality as
    ``normal,'' the RTUK assessed that they harmed the Turkish family
    structure. He claimed the programs ``constituted a breach of the
    society's national and moral values.''
        On May 16, nearly 300 persons marched in an antihomophobia parade
    in the heart of Ankara. On June 27, a LGBT pride parade and celebration
    in Istanbul drew more than 5,000 persons, with heavy participation and
    coverage by foreign observers. Smaller pride celebrations occurred in
    other cities. Police provided protection to some of the celebrations,
    and no incidents of violence were reported. According to human rights
    organizations, LGBT events with foreign participation generally
    occurred without incident while those without foreigners had much
    higher levels of police interference.
        There were active LGBT organizations in at least seven cities in
    the country: Istanbul, Ankara, Izmir, Bursa, Adana, Eskisehir, and
    Diyarbakir. Other unofficial groups existed in smaller cities and on
    university campuses. All groups complained of harassment by police and
    government authorities. Most had problems registering as an official
    organization or maintaining their registration once granted. While some
    university LGBT clubs were granted permission to form during the year,
    many groups complained that they had tried to form but had been denied
    permission by the university's rector.
        In the fall, an LGBT group at the Middle East Technical University
    in Ankara applied to the university administration for status as a
    club. The university administration rejected their application, stating
    that ``it is not sufficient reason to establish a club to raise
    consciousness and sensitivity.'' The group had been denied several
    times in the past as well.
        On April 30, an Izmir court dismissed the closure case against
    Black Pink Triangle, an LGBT rights association in Izmir. The court
    declared in its ruling that LGBT persons have the same right to freedom
    of association as other citizens. The association was functioning
    normally at year's end.
        LGBT groups claimed that transgender persons were significantly
    persecuted during the year. Although police arrested many for
    unauthorized prostitution, human rights organizations reported that
    during the year there was a significant rise in prosecutions for
    ``offending public morals.'' Several groups reported that many
    transgender persons were fined for frequenting stores or walking on
    city streets, officially for ``disturbing the environment'' or
    ``disrupting traffic.'' Police claimed they were acting on complaints
    they had received. LGBT organizations reported thousands of fines
    against transgender individuals during the year.
        The HRF and LGBT organizations reported that police in many cities,
    especially Istanbul, Izmir, and Ankara, continued to use a ``point
    system'' whereby officers were rewarded for fining transgender persons.
    Many observers noted that this practice had contributed to a
    substantial increase in the levels of abuse of transgender persons by
    security forces. There was no government response to these allegations
    by year's end.
        On May 17, uniformed police officers pulled from a vehicle and beat
    and arrested five transgender activists while they were driving in
    Ankara; one of the women was beaten unconscious. Human rights groups
    witnessed the bruised and bloody activists when they were released the
    following day. Following the attack, the police and the activists filed
    complaints against each other in court, the activists for mistreatment,
    and the police for ``resisting the police.'' An Ankara court dropped
    the charges against the five activists on October 20 for lack of
    evidence. The investigation against the police continued at year's end.
        On June 19, police assaulted and arrested three transgender persons
    after stopping their car Ankara. The transgender persons were
    subsequently charged with ``damaging public property, resisting police,
    and preventing police from performing their duty,'' but they denied the
    charges. On December 29, one police officer did not attend the first
    hearing, and the case continued at year's end. The three filed
    complaints against the police officers for mistreatment, but there had
    been no public investigation at year's end.
        Halil Ibrahim Dincdag, a soccer referee who lost his job in May
    2009 because of his self-identification as a gay man, filed a complaint
    early in the year against the Turkish Soccer Federation for wrongful
    termination. The first hearing had not begun at year's end.
        The criminal case against Birol Can Korkmaz for the March 2009
    murder of transgender activist Ebru Soykan continued at year's end.
        There was no movement on the October 2009 case against police in
    Istanbul for harassment of transgender individuals.
        The trial of Yahya Yildiz, accused of killing his son, Ahmet
    Yildiz, in 2008 in Istanbul in a case described as a gay ``honor
    killing,'' continued at year's end.
        Openly gay men were not allowed to perform military service for
    ``health reasons'' due to their sexual orientation; those requesting
    military exemption for reasons of sexual orientation had to undergo an
    invasive burden of proof and many times were denied even after
    proclaiming their sexual orientation and undergoing treatment and
    examination at several military medical facilities. LGBT groups
    complained that gay men were required to show photos of themselves in
    overtly sexual positions and to undergo thorough medical evaluations to
    prove their homosexuality to military officials. The groups further
    complained that military officials ``outed'' gay men to their families
    and communities.

        Other Societal Violence or Discrimination.--NGOs complained that
    the National AIDS Commission did not have adequate funding or staffing
    to deal with HIV/AIDS during the year. The Positive Life Association
    (PLA) and other NGOs complained that the media and medical
    professionals often did not respect the privacy of persons with HIV/
    AIDS and often reported their names in the media. Many people living
    with HIV/AIDS reported discrimination in housing, public services and
    benefits, and health care. The PLA and the Human Resources Development
    Foundation conducted programs during the year for people living with
    HIV/AIDS.
    Section 7. Worker Rights
        The September 12 constitutional amendments provided for the
    recognition of many new labor and workers' rights. However, at year's
    end no legislation had been passed to legally implement these changes.

        a. The Right of Association.--The law provides most but not all
    workers with the right to associate and to form unions; most workers
    exercised this right in practice. Certain vital public employees, such
    as military and police, cannot form unions. The Government maintained a
    number of restrictions on the right of association. The September 12
    constitutional amendments provide for a person to become a member of
    more than one union in the same branch of work at the same time. Some
    viewed this amendment as being in compliance with freedom of
    association, while others complained that it was an effort to divide
    the power of organized labor.
        A minimum of seven workers are required to establish a new trade
    union without prior approval. There are no restrictions on membership
    or participation of persons or unions in regional, national, or
    international labor organizations, but such participation must be
    reported to the Government. Labor law prohibits union leaders from
    becoming officers of or otherwise performing duties for political
    parties, from working for or being involved in the operation of any
    profit-making enterprise, and from displaying any political party logos
    or symbols in any union or confederation publications. Unions are
    required to notify government officials prior to holding meetings or
    rallies (which must be held in officially designated areas) and to
    allow government representatives to attend their conventions and to
    record the proceedings; these requirements were usually enforced.
        Official government statistics reported the employment rate in the
    country as 43.6 percent. Although 58.9 percent of the labor force was
    unionized, union officials noted that privatization of public industry
    had lowered that figure substantially. Credible observers reported that
    the actual number of unionized workers was only 600,000.
        The September 12 constitutional amendments provide for the right to
    strike and to engage in secondary (solidarity), political, or general
    (involving multiple unions over a large geographical area) strikes or
    in work slowdowns. The law prohibits strikes by civil servants; public
    workers engaged in safeguarding life and property; and workers in the
    coal mining and petroleum industries, sanitation services, national
    defense, banking, and education. Labor disputes in these sectors were
    resolved through binding arbitration. However, many workers in these
    sectors conducted strikes in violation of these restrictions with
    general impunity. The majority of strikes during the year were illegal
    according to law; while some illegal strikers were dismissed, in most
    cases employers did not retaliate. Unions sought to compel the
    Government to enforce a 2008 ECHR decision that civil servants have the
    right to strike.
        The Ministry of Labor reported that, through September 30, there
    were 12 strikes involving 38 workplaces.
        At year's end, an investigation continued into the alleged 2009
    beating of Tekgida-Is union member Ali Can Aykel.

        b. The Right to Organize and Bargain Collectively.--The September
    12 constitutional amendments provided for the right to collective
    bargaining for public employees. However, diverse government
    restrictions and interference limited the ability of unions to conduct
    their activities, including collective bargaining. Approximately 1.3
    million workers, or 5.4 percent of the workforce, were under collective
    bargaining agreements. The law requires that, in order to become a
    bargaining agent, a union must represent 50 percent plus one of the
    employees at a given work site and 10 percent of all the workers in
    that particular industry. This requirement favored established unions.
    The International Trade Union Confederation (ITUC) claimed that the law
    resulted in workers in many sectors not being covered by collective
    agreements.
        The law prohibits antiunion discrimination; however, such
    discrimination occurred occasionally in practice. If a court ruled that
    a worker was unfairly dismissed and should either be reinstated or
    compensated, the employer generally paid compensation to the employee
    along with a fine. ITUC reported that private-sector employers
    sometimes ignored the law and dismissed workers to discourage union
    activity.
        There are no special laws or exemptions from regular labor laws in
    the country's 19 free trade and export processing zones.

        c. Prohibition of Forced or Compulsory Labor.--The law prohibits
    forced or compulsory labor, including by children; however, there were
    reports that women, men, and minors were trafficked for commercial
    sexual exploitation. Internal trafficking of citizens for both legal
    and illegal prostitution was reported. Also see the Department of
    State's annual Trafficking in Persons Report at www.state.gov/g/tip.

        d. Prohibition of Child Labor and Minimum Age for Employment.--
    There are laws to protect children from exploitation in the workplace;
    however, the Government did not effectively implement them. The use of
    child labor was particularly notable in agriculture, carpentry, the
    shoemaking and leather goods industry, the auto repair industry, small-
    scale manufacturing, and street sales. Some parents forced their
    children to work on the streets selling tissues or food, shining shoes,
    or begging.
        The law prohibits the employment of children younger than 15 and
    prohibits children under 16 from working more than eight hours a day.
    At age 15, children may engage in light work, provided they remain in
    school. The law provides that no person shall be required to perform
    work unsuitable for their age, gender, or capabilities, and the
    Government prohibits children from working at night or in areas such as
    underground mining. The law prohibits school-age children from working
    more than two hours per day or 10 hours per week.
        The Ministry of Labor and Social Security effectively enforced
    these restrictions in workplaces that were covered by the labor law,
    which included medium- and large-scale industrial and service sector
    enterprises. A number of sectors are not covered by the law, including
    agricultural enterprises employing 50 or fewer workers, maritime and
    air transportation, family handicraft businesses, and small shops
    employing up to three persons.
        Notwithstanding government enforcement of the law, child labor was
    widespread. In a child labor survey conducted in the fourth quarter of
    2006 and released in 2007, the State Statistical Institute reported
    that there were 960,000 child laborers between the ages of six and 17.
    This figure represented a decrease over previous years. The study found
    that 84.7 percent of children between the ages of six to 17 attended
    school and that the 31.5 percent of children in that age group who were
    employed were also attending school at least part-time.
        An informal system provided work for young boys at low wages, for
    example, in auto repair shops. Girls were rarely seen working in
    public, but many were kept out of school to work in handicrafts,
    particularly in rural areas. According to the 2006 child labor survey,
    40.9 percent of child labor occurred in the agricultural sector, with
    52.4 percent of employed children working in rural areas, compared with
    47.7 percent working in urban areas. Many children worked in areas not
    covered by labor laws, such as agricultural workplaces with fewer than
    50 workers or the informal economy. To combat this problem, the
    Ministry of Education conducted a program in cooperation with the UN
    Children's Fund designed to provide primary education for at-risk
    girls. An educators union reported that one out of every 10 primary
    school students in some regions of the country work in the agricultural
    sector.
        Children legally employed at small enterprises registered with a
    Ministry of Education training center were required to go to the center
    once a week for training, and the centers were obligated by law to
    inspect their workplaces. According to data provided by the ministry,
    there were 317 centers located in 81 cities; these centers provided
    apprenticeship training in 153 occupations.
        There were reports that children were trafficked for sexual
    exploitation.
        According to the U.S. Department of Labor's 2008 report on the
    worst forms of child labor, approximately 50,000 children worked on the
    street in 10 provinces. The Government identified the worst forms of
    child labor as working in the streets, in industrial sectors where
    their health and safety were at risk, and as agricultural migrant
    workers.
        The Social Services and Child Protection Institution operated 37
    centers in 29 provinces to assist such children. The TNP operates a
    hotline for reporting child exploitation and negligence. The TNP
    initiated a project during the year to spot street children at risk and
    direct them to education. In Ankara, the program provided vocational
    training to 70 street children between the ages of 15 and 18.

        e. Acceptable Conditions of Work.--The national minimum wage of
    760.5 lira ($507) per month did not provide a decent standard of living
    for a worker and family of four. All workers covered by the labor law
    are also covered by the law establishing a national minimum wage. This
    law was effectively enforced by the Ministry of Labor Inspection Board.
    The Turk-Is labor confederation reported that the minimum wage was
    insufficient, determining that a monthly minimum of 2,826 lira ($1,884)
    per household was needed to stay out of poverty and to meet a family's
    minimum basic needs. The OECD, on the other hand, indicated that the
    national minimum wage takes insufficient account of regional variations
    in productivity and living costs, and in any case it is among the
    highest in the OECD when measured against the average wage, a fact the
    OECD claims works against job creation in the official sector.
        The law establishes a 45-hour workweek with a weekly rest day and
    limits overtime to three hours per day for up to 270 hours a year.
    Premium pay for overtime is mandated, but the law allows for employers
    and employees to agree to a flexible time schedule. The Labor
    Inspectorate of the Ministry of Labor effectively enforced wage and
    hour provisions in the unionized industrial, service, and government
    sectors, which covered approximately 12 percent of workers. Workers in
    other sectors had difficulty receiving overtime pay, although by law
    they were entitled to it.
        The law mandates occupational health and safety regulations;
    however, in practice the Ministry of Labor Inspection Board did not
    carry out effective inspection and enforcement programs.
        There were seven mining accidents during the year that caused the
    deaths of 51 persons. A total of 15 workers were killed in shipyard
    accidents during the year.
        Workers have the right to remove themselves from situations that
    endanger health or safety without jeopardy to their employment,
    although reports of them doing so were rare. Authorities effectively
    enforced this right.

                                   __________

                                    UKRAINE

        Ukraine, with a population of 45.4 million, is a multiparty,
    democratic republic with a presidential-parliamentary system of
    government. The country is governed by a directly elected president, a
    prime minister who heads the Cabinet of Ministers, and a unicameral
    parliament (Verkhovna Rada). Two rounds of presidential elections held
    in January and February were assessed by international and domestic
    observers as having met most standards for openness and fairness. The
    winner, former prime minister Viktor Yanukovych, was inaugurated on
    February 25. On October 1, the Constitutional Court reinstated the 1996
    constitution, a ruling that considerably strengthened the powers of the
    president, including authority to dismiss unilaterally the prime
    minister and other government ministers. In its ruling the court stated
    that amendments to the 1996 constitution, which were passed in 2004 as
    part of a compromise to end the mass protests of the Orange Revolution,
    were unconstitutional because they were improperly adopted. Security
    forces generally reported to civilian authorities.
        Human rights problems included reports of serious police abuse and
    deaths in custody, beatings, and torture of detainees and prisoners,
    harsh conditions in prisons and detention facilities, arbitrary and
    lengthy pretrial detention, and an inefficient and corrupt judicial
    system. During the year there were reports of increased government
    pressure on independent media outlets, limitations on freedom of
    assembly, and the appearance of politically motivated prosecution of
    opposition politicians. Corruption in government and society was
    widespread. There were reports that the Government's security service
    harassed and intimidated civil society organizations. There was some
    violence and discrimination against women and children, and reports of
    nonviolent incidents of anti-Semitism. Trafficking in persons continued
    to be a serious problem. Societal discrimination and violence against
    Roma, Crimean Tatars, and persons of non-Slavic appearance were
    reported. There were reports of police harassment of the gay community.
    Workers faced limitations on organizing and joining unions and on their
    ability to bargain collectively.
                            respect for human rights
    Section 1. Respect for the Integrity of the Person, Including Freedom
            From:

        a. Arbitrary or Unlawful Deprivation of Life.--There were no
    reports that the Government or its agents committed any politically
    motivated killings; however, two persons died in police custody after
    allegedly being abused.
        On May 18, college student Ihor Indylo died in police custody at
    the Shevchenkivsky District police station in Kyiv. Police
    representatives claimed that Indylo fell on the floor and sustained
    lethal head injuries because he was drunk. Indylo's relatives claimed
    that he was beaten by police. In October prosecutors charged officers
    Serhiy Prykhodko and Serhiy Kovalenko with negligence and abuse of
    office, including failure to determine if Indylo's detention was legal
    and to arrange surveillance while in custody. According to Idylo's
    mother and attorney, the charges against the police officers do not
    address how Ihor sustained the injuries which they claim led to his
    death. The case continued at year's end.
        On September 10, the media reported that detainee Mykhaylo Stadnyk
    died at a district police department in Lviv. Stadnyk's relatives
    described multiple bruises on his body, which they asserted were a
    clear sign that he was tortured by police. Police representatives
    denied the claim, suggesting that Stadnyk was drunk and injured himself
    prior to his detention. The Lviv Oblast Prosecutor's Office ordered an
    additional forensic examination of the body to ascertain the cause of
    his death. The results of the investigation were pending at year's end.
        On December 23, the trial of Viktor Lozynskiy began at Dniprovsky
    District Court in Kyiv. Lozynskiy, a former member of parliament, was
    charged in connection with the June 2009 death of Valeriy Oliynyk of
    Kirovohrad Oblast. According to police reports at the time, Lozynskiy
    and two other local officials pursued Oliynyk into a wooded area where
    they assaulted him, broke his leg, and shot him multiple times. The two
    officials were arrested and dismissed from their posts.
        There were few developments in the Government's ongoing
    investigation of the 2004 dioxin poisoning of then opposition
    presidential candidate Viktor Yushchenko. In a December 10 interview
    with the Segodnya newspaper, Prosecutor General Viktor Pshonka stated
    that his office had requested new blood samples from Yushchenko because
    the original ones were improperly secured prior to expert examination
    and could not be used as credible evidence. Pshonka claimed he could
    not rule out that there was no poisoning. On April 13, parliament
    terminated the authority of a commission investigating the poisoning
    for failing to meet reporting deadlines. Yushchenko's spokeswoman
    described the move as a ``natural step,'' adding that the commission,
    chaired by Party of Regions member of parliament Volodymyr Sivkovych,
    had spread false information about the poisoning. On April 15, then
    prosecutor general Oleksandr Medvedko told the Kommersant-Ukrayina
    newspaper that, without identifying those who poisoned Yushchenko, one
    could not determine whether the poisoning was deliberate or not.
        On September 13, the Prosecutor General's Office (PGO) announced
    its finding that the killing of investigative journalist Heorhiy
    Gongadze in 2000 was ordered by Yuriy Kravchenko, the late interior
    minister who died in 2005 under suspicious circumstances from two
    gunshots to the head. Kravchenko's death was labeled a suicide. In July
    2009 authorities arrested Oleksiy Pukach, a former senior ministry of
    internal affairs official, in connection with the Gongadze killing.
    Prosecutors alleged that Pukach led a group of police officers who
    abducted and killed Gongadze. At year's end prosecutors stated they had
    completed a pretrial investigation of the charges against Pukach and
    would deliver their findings to a court. Valentyna Telychenko, an
    attorney for Myroslava Gongadze, the widow of the slain journalist,
    stated the PGO had not allowed her to review the Pukach case files
    before they were sent to court. The PGO denied the claim, stating that
    Telychenko had ignored an invitation to review the materials. Pukach's
    trial had not started at year's end.
        In 2008 three police officers were convicted and sentenced to long
    prison terms for Gongadze's killing. However, members of his family and
    journalists who investigated the killing continued to maintain that
    Kravchenko and Pukach acted on orders from senior government officials
    in the administration of former president Kuchma who wanted to silence
    the outspoken journalist.

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

        c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
    Punishment.--The constitution and the law prohibit such practices;
    however, there were reports that police continued to abuse and torture
    persons in custody.
        For example, the Ukrainian Helsinki Human Rights Union (UHHRU), a
    nonprofit coalition of human rights organizations, reported that during
    the year it had received 172 complaints of torture and abuse. Of that
    number, 90 complaints pertained to torture and abuse committed by
    police.
        On August 16, Yakov Strogan was arrested by police in Kharkiv
    following an argument with his neighbor. He was detained for four days
    during which he alleged he was tortured. He appealed his detention to
    the prosecutor's office, held a press conference, and participated in
    hearings on his allegations. On December 9, Strogan was summoned to the
    Prosecutor's Office and arrested again. According to the local Kharkiv
    Human Rights Group, Strogan was brought to court the following day with
    signs that he had been beaten. The judge ruled to remand Strogan to
    custody, where he remains. Human rights groups and Strogan's wife
    called for his immediate release and an investigation into his
    treatment while in custody.
        On December 16, Human Rights Watch (HRW) issued a report stating
    that asylum seekers and migrants in the country ``risk abusive
    treatment and arbitrary detention.'' Although torture was ``not
    systemic,'' the testimonies of refugees, migrants and asylum seekers
    indicated that it did sporadically occur. While conditions in some
    migration detention facilities improved, detainees alleged that inhuman
    or degrading treatment, including beatings, kicking, and food
    deprivation occurred. ``All of these abuses took place in a climate of
    impunity, with victims fearful of reporting the abuse and perpetrators
    not held to account,'' the report stated.
        Police officers were often poorly trained or equipped to gather
    evidence through investigations and depended on confessions to solve
    cases. The law does not clearly prohibit confessions or other
    statements made under duress from being introduced as evidence in court
    proceedings. Efforts to check these practices were made more difficult
    by an ineffective system for investigating allegations of abuse and by
    detainees' lack of access to defense lawyers and doctors.
        In a February 2009 report, the UN Working Group on Arbitrary
    Detention cited multiple concerns based on a monitoring visit in 2008
    to 21 facilities in eight cities. Among them were ``numerous,
    consistent, and often credible allegations from various sources...of
    confessions obtained under torture from detainees of the militsia, the
    Ukrainian police force.'' The working group also noted that there was a
    low acquittal rate by the PGO when it was presented with well-founded
    accusations that incriminating evidence was obtained by methods that
    violated proper criminal procedures. For example, of some 100,000 such
    complaints registered in 2008, the prosecutor general considered 30 to
    be violations. According to the working group, ``impunity for
    perpetrators of ill-treatment largely prevails.''
        During the year the European Court of Human Rights (ECHR) issued 11
    decisions against the country for violation of Article 3 (inhuman or
    degrading treatment) of the European Convention of Human Rights. This
    compared with nine violations in 2009 and four in 2008.
        During the year the media reported several cases of police abuse.
    For example, on April 1, UNIAN reported that the Odesa Oblast
    Prosecutor's Office and the State Security Service of Ukraine (SBU)
    detained five police officers in the Rozdilna District after examining
    a complaint that two local residents had been detained on suspicion of
    theft and tortured. According to the report, the prosecutor established
    that the victims had been beaten and electrocuted and opened a criminal
    case to investigate the torture allegations.
        On December 21, UNIAN reported that the Lviv Oblast Prosecutor's
    Office completed its investigation and forwarded to court a criminal
    case against two police officers of the Sambir District police
    department who beat three detainees in an attempt to extract
    confessions from them.
        During the year authorities prosecuted police officers who had
    allegedly abused persons in detention.
        According to the Prosecutor's General Office, during the first nine
    months of the year, 39 criminal cases of police torture or inhuman and
    degrading treatment and were opened, and 28 cases involving 68 law
    enforcement officers were sent to court.
        According to the Ministry of Internal Affairs, during the first
    nine months of the year, 520 criminal cases were opened against police
    officers. Of them, 418 were linked to abuse of office, of which 91
    involved abuse of power. The other charges included 98 cases of
    exceeding authority, 101 cases of forgery, 16 cases of negligence, and
    112 cases of bribery. According to the PGO, 26 law enforcement
    personnel were convicted of torture or inhuman treatment during the
    first nine months of the year.
        According to Semen Gluzman of the Ukrainian Psychiatric Association
    (UAHRB), patients in mental health facilities remained at risk for
    abuse, and many psychiatric hospitals continued to use outdated methods
    and medicines. According to the UAHRB, insufficient funding, the
    absence of public watchdog councils at psychiatric hospitals, patients'
    lack of access to legal counsel, and poor enforcement of legal
    protections deprived patients with disabilities of their right to
    adequate medical care.
        In April, Andriy Fedosov reported that an investigation by his
    group, Uzer (Ukrainian Organization of Users of Psychiatric Care), had
    uncovered poor living conditions and physical abuse in psychiatric
    hospitals in Crimea. Following the release of his findings, Fedosov
    received threatening phone calls and was beaten. According to human
    rights groups, police failed to investigate the threats and attack on
    Fedosov.
        In December, Amnesty International highlighted the case of trade
    unionist Andriy Bondarenko, who was ordered to undergo a psychiatric
    examination despite no history of mental illness. Human rights groups
    claimed that Bondarenko was targeted for his trade union and human
    rights work. Investigators closed the case against Bondarenko without
    bringing charges but the court order to undergo an examination had not
    been rescinded at year's end.
        There were reports of military hazing violence against conscripts
    in the armed forces. On January 28, a military court in Sevastopol
    handed down suspended prison sentences to two soldiers who beat a
    conscript in December 2009. According to the State Judicial
    Administration, 76 hazing-related guilty verdicts were issued in the
    first six months of the year. The PGO confirmed that in the first nine
    months of the year, 151 servicemen were convicted of hazing, and 115
    hazing-related criminal cases involving 127 servicemen were forwarded
    to the courts.

        Prison and Detention Center Conditions.--Prison and detention
    center conditions remained poor and generally did not meet
    international standards. Overcrowding; abuse; inadequate sanitation;
    and lack of light, food, water, and medical care were persistent
    problems. The Government permitted monitoring visits by independent
    human rights observers, and such visits occurred during the year.
        During the year human rights groups continued to call for full
    civilian oversight of the State Penitentiary Directorate by
    subordinating it to the Ministry of Justice. According to the UHHRU,
    the absence of rigorous and impartial public oversight in facilities
    controlled by the penitentiary directorate allowed for abuse of
    prisoners and poor conditions.
        On January 21, the parliament amended the penal code, prohibiting
    racial, ethnic, religious, and other types of discrimination against
    inmates at penitentiary institutions. It added additional groups to a
    list of individuals authorized to visit penitentiary institutions
    without special permission, including the justice minister, members of
    the Council of Europe's Committee for the Prevention of Torture (CPT),
    and members of civic commissions monitoring prison conditions. The
    legislation also eased restrictions for prisoners serving life sentence
    and inmates of correctional centers. According to the amendments, which
    are scheduled to go into effect in 2012, the minimum living area per
    inmate at penitentiary facilities shall be increased from 32 square
    feet to 43 square feet.
        As of October 1, according to the latest available statistics from
    the State Penitentiary Directorate, 152,315 persons were being held in
    facilities under its control; of these 39,137 were in pretrial
    detention facilities. During the first nine months of the year, 584
    individuals died in custody, of which 33 were suicides and one a
    homicide.
        According to the Ministry of Internal Affairs, approximately
    198,400 persons were held in police-controlled temporary holding
    facilities during the first nine months of the year. The ministry
    confirmed 14 deaths in these facilities; 10 were reported to be by
    suicide and four due to illness.
        On May 20, the Government's human rights ombudsman, Nina
    Karpachopva, expressed concern over the increasing number of detainees
    in pretrial detention facilities controlled by the State Penitentiary
    Directorate in Kyiv, Simferopol, Donetsk, Kharkiv, and Odesa. For
    example, 3,900 persons were held at Kyiv's Lukyanivsky detention
    center, which has capacity for 2,850. As a result, 2,100 detainees were
    forced to rotate their sleeping places with cellmates. Karpachova
    emphasized the need to amend government regulations to comply with the
    penal code by increasing the minimum living area per inmate at
    penitentiary facilities from 32 square feet to 43 square feet. Average
    space for a detainee at pretrial detention facilities was 27 square
    feet. Karpachopva cited a number of additional problems including old
    facilities that lacked ventilation, insufficient water supply, adequate
    lighting, and proper sewage and sanitary systems. These facilities
    frequently violated regulations limiting the length of detention and
    did not guard against the spread of tuberculosis and other infectious
    diseases.
        On December 16, the PGO published a report about overcrowding of
    pretrial detention facilities of the State Penitentiary Service.
    According to the report, the situations at detention facilities in the
    Crimea, Donets, Luhansk, Kharkiv, and Kherson Oblasts, and in Kyiv,
    were described as ``especially difficult.''
        According to the State Penitentiary Directorate (SPD), an estimated
    659 persons in custody had HIV-associated tuberculosis. In tuberculosis
    hospitals controlled by the prison department, 42 percent of patients
    were terminally ill with tuberculosis, and 44 percent were terminally
    ill with AIDS. The State Penitentiary Directorate acknowledged that
    tuberculosis was a major communicable disease in its facilities because
    of poor conditions and inadequate medical resources for examining and
    treating tuberculosis-infected persons in pretrial detention
    facilities.
        During the period from January to September, the number of prison
    inmates with tuberculosis declined by 5 percent compared to the same
    period in 2009 (from 747.6 per 100,000 inmates in 2009 to 709.7 in
    2010). However, during the same time period, the number of such inmates
    at SPD pretrial detention facilities grew by 8 percent compared to the
    January-September period in 2009 (from 730.2 per 100,000 inmates in
    2009 to 789.3)
        Authorities stated that mandatory screening of all new inmates for
    tuberculosis helped to reduce infection rates; human rights
    organizations stated the presence of X-ray machines in several prison
    facilities was a positive development.
        Conditions in police temporary holding facilities and SPD pretrial
    detention facilities were harsher than in low- and medium-security
    prisons. The former were often overcrowded and lacked adequate
    sanitation and medical facilities. As of October 1, according to the
    SPD, more than 309 individuals serving life sentences were held in
    pretrial detention facilities.
        There were occasional media reports of self-inflicted injuries and
    violent incidents in prisons and detention centers to protest poor
    conditions. For example, on May 11, the Vinnytsya Human Rights Group
    reported that five inmates at the Kuryazh correctional institution for
    minors in the Kharkiv Oblast cut their veins to protest abuse by
    administration of the facility.
        Prisoners generally had access to visitors and were permitted
    religious observance, although those facing disciplinary actions were
    barred from receiving visitors. Prisoners and detainees were also
    allowed to file complaints with the ombudsman about conditions in
    custody, but human rights organizations noted that prison officials
    continued to censor or discourage complaints. By law the prosecutor and
    ombudsman were obliged to disclose the names of inmates who filed
    complaints to prison and police authorities.
        The Government allowed independent monitoring of prison conditions
    and detention centers by local and international human rights groups.
    However, according to local human rights activists, mobile monitoring
    groups made only a few visits during first three months of the year
    because newly appointed police chiefs impeded their work by refusing to
    grant permissions for site visits.
        In September 2009 a delegation of the CPT carried out a two-week
    visit to the country. It was the CPT's fifth visit since 1998. At
    year's end, the CPT did not yet release a report of its findings during
    the 2009 visit.
        On March 18, the new minister of internal affairs, Anatoliy
    Mohylyov, reduced the ministry's Human Rights Monitoring Department
    from 31 positions to five. On March 29, President Yanukovych called the
    reduction ``ill-considered'' and called on Mohylyov to rescind it. On
    June 17, in a letter to UHHRU, Mohylyov described his decision as
    internal restructuring to improve police response to human rights
    violations and stated the move would reduce government expenditures and
    avoid a duplication of efforts. Monitoring would be conducted by
    freelance advisers and consultants who would assume some of the duties
    of dismissed personnel. However, according to UHHRU, none of its 29
    member nongovernmental organizations (NGOs) were invited to consult
    with the new minister on the restructuring, and the minister of
    internal affair's civic advisory council did not meet during the year,
    despite numerous calls by its members to do so. All 26 regional human
    rights assistants that conducted mobile monitoring of human rights
    conditions were fired.
        On December 9, the president issued a decree to reorganize the
    State Penitentiary Service within the State Penal Department. However,
    as of year's end, it was too early to assess whether the reorganization
    would have any impact on conditions in prison and detention centers.

        d. Arbitrary Arrest or Detention.--The constitution and the law
    prohibit arbitrary arrest and detention; however, in practice problems
    remained.
        There was a sharp increase in charges brought against opposition
    politicians after the appointment of a new prosecutor general on
    November 4, giving rise to the appearance of selective and politically
    motivated prosecution by the Yanukovych government. Between November 1
    and December 31, prosecutors brought charges against former prime
    minister Yulia Tymoshenko and more than eight high-level members of her
    government for abuse of office and/or misuse of state funds during
    their tenure. The questioning of accused individuals by government
    prosecutors, which often lasted for hours at a time over a period of
    several days, and the denial of bail in certain cases further
    exacerbated the perception of politically motivated prosecution (see
    section 4). The Government contended that the prosecutions were not
    targeting the opposition, and that there were many ongoing
    investigations of members of the governing party; however, with only a
    few exceptions these were low-level, career officials.
        On December 12, the UHHRU and the Kharkiv Human Rights Group issued
    a statement that the Government's criminal prosecutions were only aimed
    at members of the opposition. As a result, the Government's actions
    ``spell the effective use of criminal court proceedings for political
    ends. and run counter to democratic values based on equality of all
    before the law and undermines the foundations of criminal justice,''
    the statement said.
        On December 26, police detained former interior minister Yuriy
    Lutsenko in Kyiv on allegations of embezzlement, abuse of office, and
    forgery. The appeals court denied his petition for bail and approved
    the prosecutor general's request for a two-month detention. Local human
    rights observers and opposition commentators described Lutsenko's
    arrest as politically motivated, given the administrative nature of his
    alleged offenses. Lutsenko alleged that the prosecutor's office ignored
    his constitutional rights throughout the investigation, in particular,
    delaying access to and denying time to review case materials and
    creating other ``artificial barriers'' to his right to become
    acquainted with the case. Lutsenko remained in jail at year's end, and
    his attorney filed a case with the ECHR.
        Police also questioned several civil society activists following
    the tax protests in November in Kyiv in which small-business owners
    protested outside the parliament against tax reforms proposed by the
    Government. At year's end at least three protesters remained in custody
    on charges of damaging public property on Independence Square, where
    the demonstrators had erected tents. Other protest leaders remained
    free but were subject to travel restrictions (see section 2.b).

        Role of the Police and Security Apparatus.--The Ministry of
    Internal Affairs is responsible for maintaining internal security and
    order; it oversees the police (militsia) and its own armed troops. The
    SBU, which is responsible for internal intelligence and protecting
    state security, reports directly to the president. The State Tax
    Administration, which exercises law enforcement powers through the tax
    police, is accountable to both the president and the cabinet.
        The law provides for civilian control of the army and law
    enforcement agencies and authorizes members of parliament to conduct
    investigations and public hearings into national security and defense
    issues. The human rights ombudsman is also authorized to initiate
    investigations into the relevant activities of security forces.
        On September 24, the NGO Democratic Alliance issued a statement
    chronicling what it described as ``pressure and intimidation'' at its
    district branches by the SBU and the Ministry of Internal Affairs. On
    June 12, an SBU officer approached the chairman of the organization's
    Mykolayiv Oblast branch, Yuliya Hrechka, seeking information about its
    activities. Three days later, SBU and Ministry of Internal Affairs
    representatives met with Tayisiya Plakhuta, the head of the Democratic
    Alliance's Cherkasy Oblast branch, to ask about the organization's
    future plans, its national leaders, and implied that she should cancel
    future activities. In late July the leader of the Democratic Alliance
    in Chernihiv, Ihor Andriychenko, received a telephone call from a
    person who introduced himself as an SBU officer and asked about the
    activities of the local Democratic Alliance branch, including the
    number of its registered members.
        On October 4, following a visit to the country, corapporteurs
    Renate Wohlwend and Mailis Reps of the Parliamentary Assembly of the
    Council of Europe (PACE) expressed concern about the role of the SBU in
    monitoring civil society. In an addendum to a September 9 PACE report
    on the functioning of democratic institutions in the country, they
    wrote: ``The role of the Security Services of Ukraine and its apparent
    involvement in the domestic political environment has become
    increasingly problematic and a matter of concern. We have received
    numerous, often substantiated and credible, reports of pressure by the
    SBU on journalists, politicians, and civil society activists or on
    people or businesses close to them. This is not acceptable in a
    democratic society.''
        On December 23, the coordinator of the Vinnytsya Human Rights Group
    (VHRG), Dmytro Groisman, was charged with desecration of state symbols
    and disseminating pornography. Human rights groups labeled the charges
    as politically motivated and harassment of Groisman for his group's
    work to protect refugees. The charges followed the October search of
    the VHRG's offices, during which police confiscated financial documents
    and other material relating to refugees the group was assisting. The
    police also confiscated correspondence between the group and the ECHR.

        Arrest Procedures and Treatment While in Detention.--By law
    authorities may detain a suspect for three days without a warrant,
    after which an arrest order must be issued. The courts may extend
    detention without an arrest warrant for an additional 10 days and
    thereafter grant extensions for a maximum of 18 months. The law permits
    citizens to contest an arrest in court or appeal it to the prosecutor.
    The law requires that detained persons be informed of their rights and
    that officials notify family members immediately concerning an arrest;
    however, in practice police did not follow the procedures required by
    law.
        Lengthy pretrial detention was a serious a problem. Individuals
    often remained in pretrial detention for months or, in some cases,
    years. There were unsanctioned arrests, and investigative police at
    times failed to keep records or register detained suspects. According
    to domestic human rights organizations, the investigation process took
    four to five months on average.
        Human rights organizations reported that police continued to use
    detention arbitrarily to extract evidence that could be used against
    detainees. Courts often extended detention to 10 days or more to allow
    police more time to obtain confessions. In October 2009, in a speech at
    a conference on police violence sponsored by the Kharkiv Human Rights
    Group (KHRG), Denys Kobzin, director of the Kharkiv Institute of
    Sociological research, reported that approximately 40 percent of
    detainees were held longer than the legally allowed three days.
        The February 2009 report by the UN Working Group on Arbitrary
    Detention noted the following problems: the continued practice of
    detaining until trial persons suspected of minor crimes; a perceived
    lack of independent and effective control by the judiciary over the
    detention process; and unlawful restrictions on pretrial detainees,
    such as denying them contact with their families before court trials.
        The law stipulates that a defense attorney must be provided without
    charge to indigent detainees from either the time of detention or the
    filing of charges. However, in practice this often did not occur. There
    were insufficient defense attorneys to protect suspects from unlawful
    and lengthy detention. Attorneys often refused to defend indigents for
    the low payment the Government provided.
        The law provides for bail, but it was rarely used. Many defendants
    could not pay imposed bail amounts. Courts sometimes imposed travel
    restrictions as an alternative to pretrial confinement. However, they
    generally opted to place individuals in detention.

        Amnesty.--Before leaving office in February former president
    Yushchenko pardoned 130 persons. There was no information about amnesty
    or pardons that President Yanukovych may have granted during the year.

        e. Denial of Fair Public Trial.--The constitution and law provide
    for an independent judiciary; however, in practice the judiciary
    remained subject to political pressure, suffered from corruption and
    inefficiency, and lacked public confidence.
        The right to a fair trial was limited by lengthy court proceedings,
    particularly in administrative courts, and by political pressure on
    judges, inadequate court funding, a shortage of qualified legal
    assistance for defendants, and the inability of courts to enforce their
    rulings. Judges also continued to complain about pressure from high-
    ranking politicians seeking improper resolution of cases.
        The president has the authority, with the agreement of the Minister
    of Justice and the chair of a corresponding higher court, to establish
    and abolish courts of general jurisdiction, and establishes appellate
    commercial and appellate administrative courts. Until August, the
    president also determined the number of judges in the court system, and
    appointed and removed chairpersons and deputy chairpersons of courts.
        During the year the ECHR issued 15 judgments that found the country
    in violation of Article 6 (right to a fair trial) of the European
    Convention on Human Rights. This compared with 69 judgments issued
    during 2009 and 61 judgments in 2008. In addition, the ECHR issued
    judgments that found 60 violations regarding length of proceedings and
    43 violations regarding the right to liberty and personal security,
    compared with 35 and 27 judgments, respectively, in 2009, and 32 and 14
    in 2008.
        All courts, except for the Supreme Court, were funded through the
    State Judicial Administration, which was also responsible for staffing.
    The Ministries of Justice and Education were responsible for training
    judges. The judiciary's lack of adequate staff and funds contributed to
    inefficiency and corruption and increased its dependence on the
    executive branch.
        On May 31, President Yanukovych issued a decree appointing SBU
    Chief Valeriy Khoroshkovsky as a member of the High Council of Justice,
    a move that was widely criticized by legal experts and civil society
    leaders. On December 16, following months of criticism about the
    apparent conflict of interest, the president issued a follow-up decree
    dismissing Khoroshkovsky from the council, stating that he did so at
    Khoroshkovsky's request.
        On July 7, parliament adopted a new Law on the Judicial System and
    Status of Judges. Under the law a new High Specialized Court for
    Examination of Civil and Criminal cases was established, which greatly
    reducing the powers of the Supreme Court and the number of Supreme
    Court justices. The legislation also gave the 20-member High Council of
    Justice a more prominent role in nominating and dismissing judges,
    chairpersons and deputy chairpersons of courts except for the Supreme
    Court. Under the law the number of judges in a court is determined by
    the Minister of Justice upon the proposal of the State Judicial
    Administration.
        In their addendum to the PACE report on October 4, corapporteurs
    Wohlwend and Reps highlighted concerns expressed by the opposition and
    other interlocutors over the enlarged powers of the High Council of
    Justice. They noted the Venice Commission's statement that the
    legislation creates ``an evident danger of politically motivated
    nominations to the High Council of Justice guided by political
    considerations.''
        Human rights activists and legal experts criticized the legislation
    for undermining the independence of the judiciary. On July 12, in an
    open letter to the president, Supreme Court Chairman Vasyl Onopenko
    warned that the new legislation would increase political pressure on
    judges.
        On September 14, the president signed a decree abolishing appellate
    military courts and local military courts. Legal experts welcomed the
    abolition.
        On September 21, four new justices appointed by President
    Yanukovych to the 18-member Constitutional Court were sworn in to begin
    nine-year terms, a move that legal observers noted gave the president a
    majority of loyal judges who would be more sympathetic to his
    proposals. The appointments followed the resignation of four
    Constitutional Court justices days earlier, at least one of whom stated
    that he was put under pressure to resign.
        On October 1, the Constitutional Court in a closed-door ruling
    announced that amendments adopted during the 2004 Orange Revolution to
    the 1996 constitution were unconstitutional because procedures used to
    adopt them violated the constitution. The court reinstated the 1996
    constitution, which granted greater powers to the presidency.
        In their October 4 report addendum, PACE corapporteurs Wohlwend and
    Reps stated: ``The fact that these four newly appointed judges
    reportedly tipped the decision in favor of Mr. Yanukovych will only add
    to the controversy surrounding this (Constitutional Court) decision and
    allegations that the current authorities intend at all cost to
    monopolize power in the country. ``

        Trial Procedures.--The constitution includes provisions for a fair
    trial, including the right of suspects or witnesses to refuse to
    testify against themselves or their relatives; however, these rights
    were limited by the absence of implementing legislation, which left a
    largely Soviet-era criminal justice system in place. Defendants are
    presumed innocent; however, high conviction rates called that
    assumption into question.
        The constitution provides for juries, but a jury system has not
    been implemented. Most cases are decided by judges who sit alone,
    although trials on charges carrying a maximum sentence of life
    imprisonment, the highest penalty in the criminal justice system, were
    heard by two judges and three public assessors who have some legal
    training.
        By law a trial must begin no later than three weeks after criminal
    charges are filed with the court; however, this requirement was rarely
    met by the overburdened court system. Months could pass before a
    defendant was brought to trial. Complicated cases could take years to
    go to trial.
        The law specifies that a defendant may consult a lawyer in private;
    however, human rights groups reported that officials occasionally
    denied this attorney-client privilege. The law also requires free legal
    counsel for all defendants, but free counsel was often unavailable.
        To protect defendants, investigative files must contain signed
    documents attesting that defendants were informed of the charges
    against them, of their right to an attorney at public expense, and of
    their right not to give evidence against themselves or their relatives.
    Appeals courts may dismiss convictions or order new trials if these
    signed documents are missing; however, officials sometimes verbally and
    physically abused defendants to obtain their signatures.
        By law trials are held in public, and defendants have the right to
    confront witnesses. However, courtroom space was often limited, and
    media personnel were at times not able to attend and report on court
    proceedings.
        The law permits the names and addresses of victims and witnesses to
    be kept confidential if they were at risk of being intimidated into
    withdrawing or changing their testimony. The law requires that a
    special police unit protect judges, witnesses, defendants, and their
    relatives, but human rights organizations claimed that this system
    continued to be ineffective.

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

        Regional Human Rights Court Decisions.--Once they have exhausted
    domestic legal remedies, citizens may apply to the ECHR for the redress
    of grievances involving an alleged infringement of rights under the
    European Convention on Human Rights.
        During the year the ECHR handed down 107 judgments against the
    country, and a reported 10,800 applications from the country remained
    pending before the court at year's end. Most of the judgments involved
    violations of the right to a fair trial, violation of property rights,
    and unduly lengthy proceedings. In 2009 the ECHR issued 126 decisions
    against the country, all of which found at least one violation of the
    European Convention on Human Rights.
        According to the Government's ECHR commissioner, Yuriy Zaitsev,
    during the first 11 months of year, the ECHR issued 68 rulings in cases
    involving the country. The Government enforced 76 of the rulings
    involving prohibition of torture, the right to liberty and security of
    person, the right to a fair trial, the right to respect for private and
    family life, and the right to an effective remedy. Some of the enforced
    rulings covered 2009 court decisions.
        Independent observers noted that, while the Government paid damages
    to those who won ECHR cases involving financial issues, it failed to
    institute reforms to address the root causes of many of the cases
    brought before the court.

        Civil Judicial Procedures and Remedies.--The constitution and laws
    give citizens the right to challenge any decisions, actions, or
    omissions of national and local government officials that violate their
    human rights. However, the right of redress was limited by an
    inefficient and corrupt judicial system.
        Potential victims may also file a collective legal challenge to
    legislation that they believe may violate basic rights and freedoms.
    Citizens may appeal to the human rights ombudsman and may take cases to
    international bodies, such as the ECHR.

        f. Arbitrary Interference With Privacy, Family, Home, or
    Correspondence.--The constitution prohibits such actions; however, in
    practice authorities generally did not respect these prohibitions.
        By law the SBU may not conduct surveillance and searches without a
    court-issued warrant. The PGO has the constitutional responsibility to
    ensure that all law enforcement agencies observe the law. Citizens have
    the legal right to examine any dossier concerning them in the
    possession of the SBU and the legal right to recover losses resulting
    from an investigation. However, authorities generally did not respect
    these rights in practice because implementing legislation had not been
    enacted, and many citizens were not aware of their rights or that their
    privacy had been violated by authorities.
        On March 13, UNIAN reported that, during a meeting of the
    interagency coordinating council to combat corruption and organized
    crime, SBU chief Valeriy Khoroshkovsky requested the Supreme Court to
    allow courts to sanction with one approval the monitoring of all
    telephone numbers rather than one telephone number of a suspect. The
    Supreme Court approved the request on June 4. Supreme Court Chairman
    Vasyl Onopenko stated that, on average, courts issue 20,000 such
    approvals every year. However, despite increased surveillance activity,
    he stated there was no discernible improvement in the number of solved
    criminal cases or their quality. Human rights groups expressed concern
    that the SBU may abuse such court approvals to intercept telephone
    conversations of the Government's critics.
        On July 5, the Lviv-based newspaper Vysokyi Zamok quoted its
    sources as stating that district state administrations in the Lviv
    Oblast were gathering information about political affiliation of local
    business managers and self-government representatives, the ``degree of
    their influence on voters, `` and their preferred candidate in the
    recent presidential election.
        In 2009 there were some media reports of allegations of privacy
    interference and illegal surveillance by government authorities. For
    example, the weekly newspaper Dzerkalo Tyznia reported in April 2009
    that appeals courts reviewed 25,086 requests by law enforcement
    agencies (mostly by the SBU, the Ministry of Internal Affairs, and tax
    police) for permission to intercept information, seize correspondence,
    or use other technical means to obtain information. According to
    newspaper, these types of requests amounted to restrictions of the
    constitutional rights of citizens.
        During the year the ECHR issued six judgments that found violations
    by the country of the right to respect for family and private life
    under Article 8 of the European Convention on Human Rights, compared
    with four in 2009, and one in 2008.
    Section 2. Respect for Civil Liberties, Including:

        a. Freedom of Speech and Press.--The constitution and laws provide
    for freedom of speech and of the press; however in practice government
    pressure on the media intimidated journalists and media owners in some
    cases into practicing self-censorship. Following changes in government
    leadership after the presidential elections, there were numerous
    reports that central authorities attempted to direct media content.
    There were also reports of intimidation and violence against
    journalists by national and local officials.
        Individuals could criticize the Government publicly and privately,
    and independent and international media were active and expressed a
    wide variety of opinions.
        Private media outlets generally operated free of direct state
    control or interference; however, both independent and state-owned
    media increasingly demonstrated a tendency toward self-censorship on
    matters that the Government deemed sensitive. Although private
    newspapers operated on a commercial basis, they often depended on their
    owners (political patrons or wealthy businessmen with government
    connections) for revenue and did not enjoy editorial independence.
        According to the Ukrainian Association of Press Publications, in
    2009 approximately 4,200 print publications were regularly published in
    the country. Among them were 2,400 newspapers (including 52 dailies)
    and 1,700 magazines, with 1,550 having primarily nationwide
    distribution.
        On March 11, President Yanukovych appointed Valeriy Khoroshkovsky
    as head of the SBU. Khoroshkovsky was also the de facto owner of Inter
    Media Group, the parent company of Inter TV, the most popular news and
    entertainment channel in the country. According to Khoroshkovsky, his
    wife controlled the company and its operations.
        On April 2, President Yanukovych disbanded the national free speech
    commission that had been an official part of the Office of the
    President. On April 20, the commission decided to continue as a self-
    governed and independent expert body with the purpose of implementing
    European media standards in the country.
        Beginning in April, international observers and media watchdog
    groups issued a range of statements expressing concern about the
    deterioration of media freedom. For example, on April 15, Reporters
    without Borders expressed ``dismay and alarm'' over the status of press
    freedom since the January-February presidential elections. On April 29,
    the EU released a statement on media freedom in the country that voiced
    concern over cases of harassment and violence against journalists.
        According to the Institute for Mass Information (IMI), a local,
    nonprofit media-watchdog, at least 33 journalists and publications were
    subjected to physical attacks or intimidation during the first nine
    months of the year, compared with 31 incidents reported in 2009. As in
    the previous year most cases occurred at the local level and were often
    attributed to individual politicians, businessmen, or organized
    criminal groups.
        On March 23, unknown assailants severely beat Vasyl Demyaniv, chief
    editor of the Kolomyiskyi Visnyk newspaper in Kolomyia. Demyaniv stated
    he believed the attack was related to his media activities.
        On April 8, police officers ejected television reporter Serhiy
    Kutrakov of Novyi Kanal from an exhibition at the Ukraine House in
    Kyiv. Kutrakov filed a legal complaint, but a Kyiv court on July 12
    rejected it. Kutrakov appealed the court decision, which was pending at
    year's end.
        On April 12, an unidentified man beat Boris Braginskyi, a reporter
    for 9 Telekanal in Dnipropetrovsk, outside of his apartment. Braginskyi
    stated he believed the attack was related to his work because the
    assailant did not take any of his belongings.
        On June 15, there was a scuffle between STB television journalist
    Serhiy Andrushko and President Yanukovych's security detail at the Agro
    2010 exhibition. The guards did not admit Andrushko to the exhibition.
    When he asked for their names, and stated he would record them with his
    mobile phone, the guards twisted his hands behind his back and threw
    him onto the ground. The State Guard Directorate later apologized to
    Andrushko for unwarranted use of force. He filed a complaint over the
    incident, but it was denied.
        On August 11, Vasyl Klymentyev editor in chief of the newspaper
    Novy Styl, disappeared in Kharkiv and was presumed dead. The paper had
    written about corruption among law enforcement officers and others in
    the Kharkiv region. On August 20, President Yanukovych took personal
    control of the case and ordered top law enforcement officials to make
    every effort to find him. However, at year's end little progress on the
    case was reported.
        There also were numerous expressions of concern and public protests
    by local activists, journalists, and NGOs against what they
    characterized as a return to censorship.
        On May 21, over 200 media representatives and community activists
    meeting in Kyiv launched the ``Stop Censorship!'' movement to resist
    all efforts at censorship, including self-censorship, by media owners.
    In the weeks leading up to ``Stop Censorship!'' protests, journalists
    at two popular television stations, 1+1 and STB, released letters
    protesting censorship by station management, claiming that management
    either blocked or interfered with reports about the political
    opposition as well as news critical of the Yanukovych administration.
        On May 27, the news Web site Forum proUA reported that 41 percent
    of newspaper publishers interviewed by the Association of Independent
    Regional Publishers stated the publishing business had become more
    difficult in April due to government interference, pressure on
    journalists and editors, and vendors refusing to disseminate
    publications critical of the authorities.
        On June 4, visiting PACE Monitoring Committee corapporteurs
    Wohlwend and Reps stated that they had received reports of an
    increasing number of violations of human rights and the right of
    freedom of speech.
        On June 8, a Kyiv court ruled in a case brought by the Inter Media
    Group that broadcast licenses had been improperly awarded in January to
    independent stations TVi and Channel 5. The channels accused SBU Chief
    Khoroshkovsky, the de facto owner of Inter Media Group and Inter TV, of
    using his position to influence the court's decision. There were
    counter allegations that TVi and Channel 5 had paid bribes to receive
    the additional licenses. On August 30, an appeals court upheld the
    decision and went beyond the original ruling by stripping TVi of all
    its broadcast licenses, which it had renewed along with the new
    licenses in January.
        On July 27, Walid Arfush, the deputy head of UT-1, the national
    state television company, stated in an interview that the channel had a
    duty to report on the activities of the Government in a positive light.
    ``There is a lot of talk about creating a public television station,
    and some say that UT-1 should not be connected with the authorities.
    But I think UT-1 should be partisan in favor of the authorities,''
    Arfush was quoted as telling UNIAN.
        On August 18, the state tax administration in Crimea froze the bank
    accounts of Chernomorskaya TV for alleged financial violations
    involving barter deals. Chernomorskaya TV is an independent,
    opposition-owned station known for its criticism of local and national
    authorities. The station was previously in conflict with local
    authorities in 2006 and 1999.
        On September 1, Reporters without Borders released a report based
    on a three-day fact-finding mission to the country in July. The report,
    Temptation to Control, described numerous incidents of violence and
    harassment against journalists and media companies. The report also
    emphasized the conflict of interest between Khoroshkhovsky's status as
    both SBU chief and media owner.
        On September 9, the Council of Europe's PACE report on the
    Functioning of Democratic Institutions in Ukraine also expressed
    concern about developments that could undermine media freedom and
    pluralism and called on authorities to ``refrain from any attempts to
    control directly or indirectly the content of reporting in national
    media.''
        On October 13, following a two-day visit to the country, Dunja
    Mijatovic, the media freedom representative of the Organization for
    Security and Cooperation in Europe (OSCE), noted public assurances by
    the authorities to preserve media freedom, but cautioned that results
    were lacking. She stated that recent cases of violence and intimidation
    of journalists, including the August 11 disappearance of Novy Styl
    reporter Vasyl Klymentyev and physical attacks against journalists had
    a ``chilling effect on the media climate.''
        According to local media NGO IMI, private agreements exist between
    the authorities and media owners to restrict media content. For
    example, to preserve their business assets owners instruct their
    television channels and publications to avoid criticism of the
    president and his administration. The IMI also stated that communal and
    municipal state-funded media are under huge pressure. Print materials
    have to praise local governors, and often the articles must be approved
    by the corresponding local headquarters of the ruling Party of Regions.
        The IMI also emphasized that political parties frequently ordered
    placement of stories in regional print media while law enforcement
    agencies did not investigate this breach of law. Some journalists
    maintained that low salaries encouraged some reporters to supplement
    their incomes with undocumented payments from benefactors seeking to
    influence news reporting.
        Inadequate media access to government-held information was a
    problem, particularly outside of the capital. The IMI, the UHHRU, and
    the Committee for Monitoring Freedom of Press in Crimea asserted that
    most government agencies regularly denied requests by journalists and
    NGOs for basic public interest information.
        Libel is considered a civil offense, and the law limits the amount
    of damages that may be claimed in libel lawsuits; the press can publish
    inoffensive, nonfactual judgments, including criticism, without
    penalty. In February 2009, the Supreme Court adopted a resolution on
    judicial practice in defamation cases, reiterating that public
    officials enjoy less protection from criticism than average
    individuals, emphasizing the importance of distinguishing between
    factual information and value judgments, and encouraging courts to
    refer to the ECHR's practices.
        On June 26, the president signed a privacy law, scheduled to enter
    into force in January 2011, which could significantly complicate the
    work of journalists and expose them to criminal prosecution. According
    to the IMI, the law would require journalists to request permission
    before publishing virtually any information about a person other than
    his or her name. High-level politicians and officials are exempted, but
    other public figures are not.
        Local media observers continued to express concern over high
    monetary damages that were demanded, and sometimes awarded, for alleged
    libel. Government entities and public figures in particular continued
    to use the threat of civil suits based on alleged damage to a
    ``person's honor and integrity'' to influence or intimidate the press
    and investigative journalists.
        For example, on October 5, the Kyiv Circuit Court of Appeals upheld
    a lower-court ruling that Olha Snitsarchuk and Channel 5 should pay
    member of parliament Yuriy But 20,000 hryvnias ($2,500) for pain and
    suffering. But had sued Snitsarchuk for 100,000 hryvnias ($12,500),
    claiming he suffered severe psychological shock and had been in
    treatment because Snitsarchuk referred to him as a deserter or renegade
    in a December 2009 report. But was one of the first members of
    parliament to quit Tymoshenko's party in 2008. However, But declined to
    accept the court ruling for damages after widespread criticism and
    ridicule of his claim.

        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; however, law
    enforcement bodies engaged in Internet monitoring.
        On March 27, police in Kyiv questioned blogger Olena Bilozerska
    about her coverage of demonstrations by opposition activists the
    previous month. Police searched her apartment and computer. Bilozerska
    asserted that she was a registered journalist and therefore the search
    was illegal; her attempt to file a legal complaint was denied.
        On July 30, the SBU summoned blogger Oleg Shynkarenko to discuss
    statements on his blog that could be interpreted as a threat to the
    life of President Yanukovych. Shynkarenko apologized on his blog and
    stated he had not meant to issue a ``call to kill the president.'' The
    SBU compelled Shynkarenko to sign a pledge that he would not write
    similar statements in the future.
        According to International Telecommunication Union statistics for
    the year, 34 percent of the country's inhabitants had access to the
    Internet.

        Academic Freedom and Cultural Events.--There was at least one case
    of government restrictions on academic freedom.
        On September 8 in Lviv, the SBU detained the head of the museum
    ``Prison at Lontskoho Street,'' Ruslan Zabily, alleging that he
    intended to give away state secrets. The museum is dedicated to victims
    of Soviet and Nazi rule. According to Zabily, his laptop and two hard
    discs were confiscated, he was questioned about his contacts with
    foreign academics, and he was advised to find new employment. Zabily,
    who is a historian, stated the confiscated data included declassified
    information about activities of the Ukrainian Insurgent Army, a
    partisan militia that fought against both Soviet and German forces in
    World War II, and about the Soviet-era dissident movement. The status
    of the case against Zabily was pending at year's end due in part to
    national and international criticism about the SBU's handling of the
    incident.

        b. Freedom of Peaceful Assembly and Association.--Freedom of
    Assembly.--The constitution provides for freedom of assembly, but in
    some instances regional governments infringed on these rights. Since
    there is no national law governing freedom of assembly, the Code of
    Administrative Justice and case law prevailed. Local authorities
    sometimes invoked a Soviet-era decree on freedom of assembly that was
    more restrictive than the constitution.
        The constitution requires that organizers inform authorities in
    advance of planned demonstrations. In compliance with the Soviet-era
    decree, authorities at times stipulated that organizations must apply
    for permission at least 10 days beforehand. In most cases permits were
    granted, and in practice unlicensed demonstrations were common and
    generally occurred without police interference, fines, or detention,
    although there were several notable exceptions.
        On May 19, the rector of the Lviv-based Ukrainian Catholic
    University, Borys Gudziak, publicized a meeting with an SBU officer.
    According to Gudziak, the security official recommended that the
    university warn students that they would be prosecuted for involvement
    in any ``illegal activities.'' According to the rector, such illegal
    activities included ``not only violent acts but also, for example,
    pickets blocking access to the work place of government officials or
    any protests not sanctioned by authorities.''
        On May 28, Kharkiv police detained 10 to 12 environmental activists
    who were protesting the city's decision to cut down trees in a central
    park. Two of the activists, Andrei Yevarnitsky and Denis Chernega, were
    sentenced to 15 days of detention for disobeying police orders. The
    sentence was subsequently reduced to nine days. Amnesty International
    declared the two activists to be ``prisoners of conscience,'' asserting
    that their rights to freedom of expression and assembly were curtailed.
        On August 2, the KHRG stated that there had been more violations of
    freedom of peaceful assembly during the year under the Yanukovych
    administration than during the entire 2007-09 period. The KHRG
    estimated that during the first 100 days of the new government the
    oblast-level and national media alone released more than 350 reports
    criticizing police for such violations that occurred during that
    period.
        On October 14, Oleksiy Verentsov and Ihor Tanichkevych were
    detained after taking part in an approved protest rally near the Lviv
    Oblast Prosecutor's Office. The two were released after several days of
    detention. The prosecutor subsequently filed charges against
    Tanichkevych, which carry a prison sentence, after he challenged the
    legality of the detention. The case was pending at year's end.
        In December two organizers of huge demonstrations against the
    Government's proposed changes to the tax code, Oleksandr Danylyuk and
    Serhiy Melnychenko, were questioned by police about their role in the
    protests. Media reports quoted Danylyuk as stating that law enforcement
    bodies, through their investigations and questioning, were attempting
    to ``terrorize'' activists and society at large.
        Investigators questioned at least four additional protesters, two
    of whom remained subject to travel bans at the year's end. At least
    three protesters remained in custody on charges of damaging public
    property on Independence Square, where the demonstrators had erected
    tents. In addition, employees of the Pact Office in Simferopol, a local
    civil society organization, were questioned as to whether their civic
    engagement activities were training participants to organize protests.

        Freedom of Association.--The constitution and the law provide for
    freedom of association; while the Government generally respected this
    right in practice, some restrictions remained. There were extensive
    registration requirements for organizations; however, there were no
    reports that the Government used them during the year to disband
    existing organizations or to prevent new ones from being formed.
        The law places restrictions on organizations that advocate violence
    or racial and religious hatred or that threaten public order or health.
    In January 2009 SBU spokesperson Maryna Ostapenko confirmed that the
    security service had completed a pretrial investigation in the criminal
    case against a separatist organization, the Popular Front Sevastopol-
    Crimea-Russia, and forwarded it to the court. In December 2009 the
    Crimean Appellate Court handed down a four-year suspended prison
    sentence to Semen Klyuyev, a Popular Front member. On March 4, the
    Supreme Court overturned the December ruling, returning the case to the
    Appellate Court for review.

        c. Freedom of Religion.--For a complete description of religious
    freedom, see the 2010 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.
    The Government worked with the Office of the UN High Commissioner for
    Refugees (UNHCR) and other humanitarian organizations to provide
    protection to asylum seekers, stateless persons, and other persons of
    concern.
        Citizens who wished to travel abroad were able to do so freely.
    Exit visas were not required. The Government could deny passports to
    individuals in possession of state secrets, but denials were rare and
    could be appealed.
        The law prohibits forced exile, and the Government did not employ
    it.

        Protection of Refugees.--The laws provide for granting of asylum or
    refugee status, and the Government has established a system for
    providing protection to refugees; however, in practice authorities
    failed to provide effective protection for refugees.
        The constitution provides for asylum; however, there were no laws
    to implement the granting of asylum. Refugees residing in the country
    for three years may apply for citizenship. In 2009, 52 refugees
    acquired citizenship.
        On July 7, the Government abolished the State Migration Service
    (SMS). It was established in June 2009 on the basis of the Ministry of
    Internal Affairs' Citizenship and Immigration Department and the State
    Committee on Nationalities and Religions (SCNR).
        The SCNR retained authority for citizenship, immigration, asylum,
    and refugee procedures, while the Ministry of Internal Affairs and the
    State Border Guard Service (SBGS) continued to combat illegal
    migration. However, on December 9, the president abolished the SCNR and
    re-instated the SMS as part of wide-ranging administrative reforms to
    reduce the size of government.
        Before it was abolished in July, the SMS received 524 asylum claims
    during the first seven months of the year; however, no asylum decisions
    were issued from mid-2009 through July. Some human rights activists had
    welcomed the decision to close the SMS, stating that it could help
    revitalize procedures to review more than 1,000 pending refugee cases.
        In December, Human Rights Watch described the country's asylum
    system as ``dysfunctional.'' Administrative courts responsible for
    reviewing appeals of denied asylum applications were overwhelmed by a
    backlog of cases, while the Kyiv Administrative Court of Appeal
    postponed its review of deportation appeals until 2012. According to
    HRW, 5,397 asylum applications were filed between 2007 and 2009. Of
    that number, only 284 were granted asylum.
        The Government provided some protection against the expulsion or
    return of refugees to a country where there is reason to believe their
    lives or freedom would be threatened on account of their race,
    religion, nationality, membership in a particular social group and
    political opinion. However, there were some exceptions.
        In May an Afghan family requesting asylum in the country was denied
    entry at Boryspil Airport. In June and July, following a request by the
    Uzbek government, the authorities detained Uzbek citizens Umid
    Khamroyev, Kosim Dadakhanov, Shodilbek Soibzhonov, and Utkir Akramov,
    who were seeking political asylum. On July 26, the ECHR ordered the
    Government not to return the four asylum seekers. The Government
    complied with the order.
        In 2009 the UNHCR recorded 16 incidents of refugee expulsion,
    compared to 12 in 2008. Incidents included cases in which individuals
    were denied access to the territory of the country.
        In August 2009 new regulations initiated by the SBGS took effect
    that require foreign nationals transiting the country to Western Europe
    and stateless persons to have in their possession no less than ``70
    subsistence levels'' (12,620 hryvnia or $1,570) to sustain their stay
    in the country. On September 2, the UNHCR stated that this change
    ``should not affect access to the asylum procedure and undermine the
    nonrefoulement principle.''
        Human rights groups noted that the current law on refugees does not
    provide protection for war refugees, victims of indiscriminate
    violence, or failed asylum seekers who could face the threat of torture
    or loss of life or freedom if deported. According to informed
    observers, several allegedly failed Chechen asylum seekers were kept in
    pretrial detention facilities, at least two were recognized as refugees
    under the UNHCR's mandate. In one case the individual had been accepted
    for resettlement in an EU member state. Despite numerous demarches by
    the resettlement country and the UNHCR, the individual has remained in
    detention for more than two years.
        According to the UNHCR and local human rights groups, the
    complicated and burdensome registration system often left asylum
    seekers without documents during the protracted review of their cases
    and the appeal process. This left them vulnerable to frequent police
    stops, detention, and fines. Refugees and asylum seekers, who
    frequently came from Africa and Asia, were at times victims of
    xenophobic attacks. Asylum seekers in detention centers were sometimes
    unable to apply for refugee status within prescribed time limits and
    had limited access to legal and other assistance. The problem was
    further complicated by the lack of access to qualified interpreters to
    complete registration documents.
        During the year the UNHCR and local NGOs worked with approximately
    100 unaccompanied children seeking asylum. The majority were not
    registered with asylum authorities and were unable to access
    appropriate services and care, leaving them vulnerable to exploitation
    and abuse.
        According to the UNHCR, there were 2,334 refugees in the country as
    of July 1. Of these, 53 percent were from Afghanistan, 27 percent from
    the former Soviet Union, and 11percent from African countries.
        The country remained a destination and transit country for
    migrants. According to the SBGS, 15,667 irregular migrants were
    identified in the first nine months of the year, an 18 percent drop
    compared with the same period in 2009. Of that number, 13,576 were not
    allowed into the country, and 1,260 were apprehended when illegally
    crossing the border. According to the SBGS, 13 Chechens, 16 Uzbeks, and
    two Belarusians were also apprehended in the first nine months of the
    year.
        According to the Ministry of Internal Affairs, 350 detained
    irregular migrants were held in two new facilities in Chernihiv and
    Volyn oblasts, compared with 751 in 2009. According to the SCNR, two
    temporary holding facilities for refugees, in Odesa and Zakarpattia
    oblast, were not sufficient for providing temporary housing to
    refugees.
        There are no legal provisions for voluntary return. However, the
    local office of the International Organization for Migration (IOM), in
    cooperation with the SBGS and the Ministry of Internal Affairs,
    continued to operate a Program on Assisted Voluntary Return to help
    stranded migrants and failed asylum seekers to repatriate to their
    countries of origin. Five local NGOs in the Mukachevo, Chernihiv,
    Odesa, Kharkiv, and Volyn oblasts participated in the voluntary return
    program. In 2009, 11 persons of concern to the UNHCR voluntarily
    departed the country.

        Stateless Persons.--According to the law citizenship is derived by
    birth, territorial origin, naturalization, restored citizenship, and
    adoption. Dual citizenship is not allowed.
        According to UNHCR estimates, there were approximately 52,000
    stateless persons in the country. In addition, there were an estimated
    4,500 formerly deported Crimean Tatars who returned to Crimea but had
    not registered as citizens, as well as smaller numbers from the
    separatist region of Abkhazia and Georgia.
        Stateless persons also included an unknown number of persons who
    either lived in the country for decades but failed to clarify their
    citizenship status after the collapse of the Soviet Union in 1991 or
    who arrived in the country as students or visitors both before and
    after 1991. Many did not obtain residency documents or take other steps
    to register according to the regulations of their country of origin.
    Section 3. Respect for Political Rights: The Right of Citizens to
            Change Their Government
        The constitution and the law provide citizens the right to change
    their government peacefully, and citizens exercised this right in
    practice through periodic, free, and fair elections based on universal
    suffrage.

        Elections and Political Participation.--On January 17, the first
    round of presidential elections took place. International and domestic
    observers assessed the vote as having met most international standards.
    As no candidate received 50 percent of the vote, the two candidates
    with the most votes--Viktor Yanukovych and Prime Minister Yulia
    Tymoshenko--faced each other in a runoff election on February 7.
    Observers again assessed the run-off election as largely free and fair.
    Yanukovych was inaugurated president on February 25.
        On March 11, the president's Party of Regions, together with two
    other parties and 16 nonaligned members of parliament (MPs) established
    the ``Stability and Reform'' governing coalition composed of 235 MPs to
    replace the coalition led by Tymoshenko. Opposition MPs and independent
    observers asserted that the new majority had been formed illegally in
    violation of established rules and procedures because a coalition could
    only be composed of factions, not individuals.
        On April 8, the Constitutional Court ruled that the procedures used
    to form the Party of Regions-led coalition was constitutional, stating
    that individual MPs have the right to take part in forming
    parliamentary coalitions.
        On October 1, the Constitutional Court ruled that the changes to
    the constitution enacted following the Orange Revolution violated the
    procedures for amending the constitution, thereby reinstating the 1996
    constitution, which granted greater powers to the presidency (see
    section 1.e).
        On July 10, parliament adopted a new law for the conduct of the
    elections on October 31 for local councils and mayors of cities, towns,
    and villages. Election observers and international experts cited the
    law as a source of problems on election day. In September President
    Yanukovych ordered revisions to the law that lessened or eliminated
    some of the problems such as, blocking the participation of new
    parties, were lessened or eliminated by the revisions ordered by
    President Yanukovych in September. However, other aspects of the
    election law and regulations challenged the placement of names of some
    candidates on ballots, allowed for reported cases of improper use of
    administrative resources during the electoral campaign, established an
    unbalanced membership in the electoral commission, and created
    complicated registration and voting procedures.
        While international and local election observers recognized some
    improvements in the conduct of the October 31 local elections compared
    to previous local elections, they concluded that overall it did not
    meet standards for openness and fairness set by the presidential
    elections earlier in the year.
        Observers noted shortcomings such as, insufficient training for
    electoral commission members, which contributed to procedural
    violations and organizational problems. In particular, the registration
    of fraudulent Batkivshchyna Party candidate lists led to the
    disqualification of all Batkivshchyna Party candidates in the Kyiv and
    Lviv oblast council elections, preventing the main opposition party
    from running for election in regions where it had considerable support.
    Election observers also reported incidences of law enforcement
    authorities' pressuring monitors and candidates, and election officials
    selectively barring or removing candidates from ballots.
        There were 36 female members of the 450-seat parliament, and a
    woman held the post of secretary of the National Security and Defense
    Council. The 18-member Constitutional Court included one female
    justice.
        The exact number of minorities in parliament and the cabinet was
    not available due to privacy laws.
        Crimean Tatar leaders continued to call for changes in the
    electoral law that would give them greater representation in the
    Crimean and national parliaments. The law does not allow for the
    creation of regional political parties, and Crimean Tatars had to join
    national political parties or blocs. Only one Crimean Tatar was a
    member of the national parliament.
        According to Refat Chubarov, the deputy leader of the Crimean Tatar
    Mejlis (governing body), Crimean Tatars, who make up 13 percent of the
    population of Crimea, occupied eight seats in the 100-member Crimean
    Mejlis, and had approximately 1,000 members in city, district, and
    rural councils in Crimea. The Mejlis was not legally recognized by
    national authorities.
    Section 4. Official Corruption and Government Transparency
        The law provides criminal penalties for official corruption;
    however, corruption was ineffectively prosecuted, and penalties were
    rarely imposed. Corruption remained a pervasive problem and was
    widespread in the executive, legislative, and judicial branches of
    government and in society.
        Officials, including high-ranking officials, often engaged in
    corrupt practices with impunity. On October 5, at a meeting with
    foreign investors in Kyiv, Drago Kos, the president of the Group of
    States against Corruption (GRECO), stated he saw no improvements in the
    country's anticorruption efforts since the Yanukovych government took
    office.
        On April 22, the president announced that the PGO had opened more
    than 30 criminal cases on charges of embezzlement of state funds by
    members of the previous government. Opposition politicians claimed the
    charges were politically motivated.
        On June 24, the SBU detained the former head of the Customs
    Service, Anatoliy Makarenko, as a suspect in a criminal case related to
    damages allegedly caused to the country in connection with the seizure
    of 11 billion cubic meters of gas by former prime minister Tymoshenko's
    government from gas intermediary RosUkrEnergo in 2009.
        On July 12, the Interfax Ukraine news agency reported that the
    Pechersk District Court in Kyiv had approved the arrest of Ihor
    Didenko, the former first deputy head of national oil and gas company
    Naftohaz Ukrayiny, on suspicion of misappropriation or embezzlement
    through abuse of office also related to the seizure of 11 billion cubic
    meters of gas by former prime minister Tymoshenko's government from gas
    intermediary RosUkrEnergo in 2009.
        On October 18, former economy minister Bohdan Danylyshyn was
    detained in the Czech Republic after the country's prosecutor general
    opened a case against him for abuse of office in connection with
    procurement procedures at Boryspil Airport. As of year's end, Czech
    authorities had not made a determination on whether to deport
    Danylyshyn.
        In December prosecutors arrested a number of former senior
    government officials with ties to opposition leader and former prime
    minister Tymoshenko, including Georgy Filipchuk, Yevhen Korniychuk,
    Mykola Petrenko, and Yuriy Lutsenko (see section 1.d.).
        Tymoshenko herself was called in for questioning by authorities on
    at least nine occasions in December over charges that she misused funds
    from the sale of carbon credits and that there were irregularities in
    the her government's purchase of vehicles subsequently used for her
    presidential campaign. Former First Deputy Prime Oleksandr Turchynov
    was also called in for questioning at least six times in the last four
    months of the year.
        Numerous domestic and international observers also raised concerns
    that, while the Government had a right and a duty to investigate
    corruption, prosecution should not be selective or politically
    motivated. These observers noted that the Government's targeting, with
    few exceptions, of senior officials connected with the previous
    government gave the appearance of politically motivated prosecution of
    political opponents.
        In response the Government noted that Bohdan Presner, a former
    deputy environment minister in the Azarov government, was also under
    arrest for bribery. His case remained ongoing at year's end.
        On April 14, the Kyiv Appeals Court upheld a March ruling by a
    lower court to close criminal corruption cases against Ihor Bakai,
    former head of the State Management of Affairs Department and Naftohaz,
    the state gas and oil company. The cases were opened in 1998 and 2000.
    Observers attributed the dismissal of the cases to Bakai's political
    connections with the new administration.
        Police corruption remained a problem. The PGO reported that in the
    first nine months of the year 609 criminal cases of corruption were
    opened against law enforcement officers. Criminal cases involving 10
    prosecutors and 318 police officers were forwarded to court.
        According to the PGO, in the first nine months of the year, 71
    appointed and elected officials and civil servants at all levels of
    government were found guilty of criminal offenses related to corruption
    and bribery.
        Judges are immune from prosecution and may not be detained or
    arrested unless parliament rescinds their immunity. During the first
    nine months of the year, the PGO confirmed that it had initiated 22
    corruption cases against judges, and forwarded 25 corruption cases
    against judges to court. During the year 14 judges were found guilty of
    wrongdoing; eight were convicted of bribery; three of knowingly issuing
    an unjust decision; and three of abuse of power or office. Of these,
    four were sentenced to prison and seven were placed on probation.
        During the first nine months of the year, military prosecutors
    opened 119 criminal cases for corruption, of which 21 involved law
    enforcement personnel and 98 involved other officials.
        A June 2009 survey by the PACE project, ``Promoting Active Citizen
    Engagement to Combat Corruption in Ukraine,'' found that almost 63
    percent of respondents stated they had been involved in corrupt
    transactions with government officials in the previous 12 months. The
    survey also found increased public support for more active
    anticorruption programs and increasing criminal charges for corrupt
    government employees.
        On June 21, the PGO approved an indictment of Ihor Zvarych, the
    former head of the Lviv Administrative Court of Appeals. The ruling was
    forwarded to the Supreme Court to determine jurisdiction for a trial.
    Parliament stripped Zvarych of immunity in 2008 after an investigation
    found evidence that he accepted a bribe of 800,000 hryvnia ($100,000)
    and discovered eight million hryvnias ($1 million) at his home. He was
    arrested in March 2009 on charges of abuse of office, bribery and
    fraud, and remains in pretrial detention.
        The constitution and the law authorize public access to government
    information unless it pertains to national security. Government bodies
    are required to respond to requests within 10 days and to provide
    information within 30 days. Denials can be appealed to a higher level
    at the agency concerned and then to a court. However, it remained
    difficult to gain access to official information. Government officials
    often did not understand the law and at times created bureaucratic
    procedures to withhold information.
    Section 5. 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; however, unlike in
    previous years, there were numerous complaints of government pressure
    and intimidation. Government officials were not uniformly cooperative
    or responsive to their views.
        During the year the SBU discontinued meetings of its advisory
    council consisting of political leaders, NGO activists, and independent
    experts which had aimed to provide civilian oversight and increase the
    transparency of SBU activities. While the council continued to exist in
    principle, as of the end of the year, it had not met since February.
        On June 26, Niko Lange, the local representative of the Konrad
    Adenauer Foundation, was detained at Boryspil airport upon his arrival
    in the country and held without explanation for 10 hours before being
    allowed entry. On July 30, UNIAN reported that the PGO had announced
    that the State Border Guard Service had detained Lange on SBU
    instructions because of his alleged interference in the country's
    internal affairs.
        On September 6, the International Renaissance Foundation (IRF)
    issued a statement that several NGOs it supported had received requests
    for information from the SBU. The foundation appealed to the
    authorities, emphasizing that it did not support any political party or
    political activities, only initiatives aimed at electoral processes to
    ensure fairness. On September 8, the head of the Presidential
    Administration, Sergiy Lyovochkin, told the media that the SBU's
    interest in IRF's activities was not part of a large-scale
    investigation into NGOs, but a one-time inquiry. However, despite
    increased attention by the SBU, domestic NGOs continued to criticize
    openly the Government's human rights performance.
        The Government generally cooperated with international
    organizations, including the UN, the OSCE, and the Parliamentary
    Assembly of the Council of Europe. For example, PACE rappporteurs
    visited the country several times during the year, as did the OSCE's
    representative on media freedom, among others.
        The constitution provides for a human rights ombudsman, officially
    designated as the parliamentary commissioner on human rights. On June
    29, the parliament amended the ombudsman's term in office from five to
    seven years. However, the change did not apply to term of the current
    ombudsman. In June 2009 Commissioner Nina Karpachova presented a
    constitutionally mandated report to parliament on the human rights
    situation in the country in 2006 and 2007. The report is required
    annually but has only been produced five times since the office was
    established in 1998.
        Human rights groups criticized the report for being outdated, and
    the ombudsman for poor cooperation with human rights organizations and
    for not opening regional offices. They also expressed concern that
    government bodies failed to provide proper responses to the ombudsman's
    requests. Nevertheless, they also noted that the ombudsman's office
    became more transparent by increasing media coverage of its activities
    and by updating information on its Web site on a more regular basis.
        According to the Office of the Human Rights Ombudsman, 75,386
    persons filed 32,884 complaints with the office in the first 11 months
    of the year. Of that number, approximately 45 percent related to civil
    rights, in particular the right to a fair trial, abuse by law
    enforcement personnel, and timely implementation of court rulings. The
    remainder involved social rights (13.2 percent); economic rights (23.9
    percent); individual rights (10.8 percent) including right to life,
    respect for personal integrity, and prohibition of torture in
    detention; and religious rights (10.9 percent).
        A parliamentary committee on human rights, national minorities, and
    interethnic relations continued to operate during the year, but its
    activities were not publicized. The committee's subcommittees work on
    issues such as interethnic relations, gender policy, indigenous
    peoples, national minorities and ethnic groups, deported persons,
    victims of political repression, ethnic policy, prevention of domestic
    conflict, refugees, and migration.
    Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
        The law prohibits discrimination based on race, gender, language,
    social status, or other circumstances; however, both governmental and
    societal discrimination persisted, and the Government did not
    effectively enforce the prohibitions.

        Women.--The law prohibits rape but does not explicitly address
    spousal rape. A law against ``forced sex with a materially dependent
    person'' may allow prosecution for spousal rape. According to the
    Ministry of Internal Affairs, during the first nine months of the year,
    police recorded 516 incidents of rape or attempted rape, a decrease of
    13.7 percent compared with the same period in 2009.
        Domestic violence against women remained a serious problem. Spousal
    abuse is illegal but was common. Advocacy groups asserted that the
    percentage of women subjected to physical violence or psychological
    abuse at home remained high. According to Donetsk Regional League of
    Business and Professional Women, domestic violence annually resulted in
    100,000 days of care at in-patient hospital facilities, 30,000 trauma
    unit cases, and 40,000 doctor visits; up to 40 percent of calls to
    police involved complaints about domestic violence.
        The law permits the administrative arrest of a person for up to
    five days for--offenses related to domestic violence. On December 2,
    parliament adopted amendments to the Code of Administrative Offenses
    introducing community work of 40-60 hours as a possible punishment for
    domestic violence.
        According to women's NGO La Strada-Ukraine, the Ministry for
    Family, Youth, and Sports continued to work with NGOs and civil
    society. However, on December 9 the president merged the Ministry for
    Family, Youth, and Sports with the Ministry of Science and Education to
    form a new Ministry of Education, Youth, and Sports. It was unclear at
    year's end what impact the reorganization would have on women's issues.
        Persistent gender stereotypes continued. For example, on March 19,
    replying to a question about the lack of women in new Cabinet of
    Ministers, Prime Minister Azarov stated that ``carrying out reforms in
    Ukraine is not a women's business.'' On March 22, leaders of six
    women's and gender rights advocacy groups sent a letter to Human Rights
    Commissioner Karpachova expressing concern over Prime Minister Azarov's
    comments. The women asserted that the statement was discriminatory
    under the Law on Equal Opportunities of Men and Women and ran counter
    to article 38 of the constitution because it restricted the right of
    women to participate in politics and governance.
        On March 9, Kateryna Levchenko of La Strada-Ukraine and Olena
    Suslova of Women's Information Center filed a lawsuit against the prime
    minister at the Pechersky District Court in Kyiv accusing him of making
    a statement that violated gender equality. In June the court rejected
    the case, stating that the prime minister's comments were protected
    under freedom of speech. Levchenko filed an appeal in December.
        During the first six months of the year, the Ministry of Family,
    Youth, and Sports, the Ministry of Internal Affairs, and their regional
    offices recorded 53,785 complaints of domestic violence, including
    48,097 allegations of violence against women, and 5,265 reported
    incidents of violence against men.
        As of July 1, according to the Ministry of Internal Affairs and the
    Ministry for Family, Youth, and Sports, 70,473 persons were under
    police supervision for domestic violence, compared with 65,684 in 2009.
        Police issued 2,085 warnings and 3,724 injunctions for protection
    related to domestic violence in the first six months of the year. The
    Ministry of Internal Affairs also reported that in the first eight
    months of the year 4,622 families were put under supervision for
    domestic violence. During the same period of time, administrative
    charges were brought against 2,555 individuals for domestic violence
    and for disobeying injunctions of protection.
        The law requires the Government to operate a shelter in every major
    city, but in practice it did not, in part due to the lack of municipal
    funding.
        According to the Ministry for Family, Youth and Sports there were
    21 centers for social-psychological assistance and nine centers for
    medical and social rehabilitation in 19 oblasts, Crimea, and the cities
    of Kyiv and Sevastopol, which had capacity for 342 persons. During the
    first nine months of the year, these centers provided assistance to
    1,194 persons, of whom 91 adults and 96 children had been victims of
    domestic violence. NGOs operated additional centers for domestic
    violence victims in Vinnytsia, Donetsk, Zhytomyr, Odesa, Chernihiv,
    Poltava, Sumy and Khmelnytskiy oblasts.
        According to women's advocacy groups, private and municipally
    funded shelters were not always accessible. Some did not function
    throughout the year, and shelters in Kyiv did not admit women who were
    not registered as Kyiv residents. Government centers offered only
    limited legal and psychological assistance to victims of domestic
    violence.
        Sex tourism remained a problem; however, there were no official
    statistics on its extent. During the year a local feminist group,
    FEMEN, held demonstrations against the increase of sex tourism in the
    country. In February 2009 then interior minister Yuriy Lutsenko stated
    in an interview with Segodnya that ``Ukraine is becoming a paradise for
    sex tourism.''
        The law on equal rights and opportunities qualifies sexual
    harassment as discrimination; however, women's rights groups asserted
    that it does not contain an effective mechanism to protect against
    sexual harassment. Women's groups reported that there was continuing,
    widespread sexual harassment in the workplace, including coerced sex.
        While the law prohibits forced sex with a ``materially dependent
    person,'' which includes employees, legal experts regarded the
    safeguards against harassment as inadequate. La Strada-Ukraine operated
    a national hotline for victims of violence and sexual harassment.
        The Government recognized the basic right of couples and
    individuals to decide freely and responsibly the number, spacing, and
    timing of their children. Health clinics and local health NGOs were
    permitted to operate freely in disseminating information on family
    planning under the guidance of the Ministry of Health. There are no
    restrictions on the right to access contraceptives.
        Quality prenatal and postnatal care remained inaccessible to many
    women because state-funded clinics were underfunded and lacked quality
    equipment, and services in private clinics were expensive. However,
    according to data from the Population Reference Bureau (PRB), 99
    percent of births occurred in the presence of skilled personnel. PRB's
    data indicated that the maternal mortality rate was 19 per 100,000
    births. Some of the reproductive health concerns affecting the system
    included rapidly growing rates of sexually transmitted infections
    including HIV/AIDS, poor quality sexual and reproductive health
    services in state-funded hospitals, low awareness of modern
    contraceptives, and the expense of high-priced medical services in
    private clinics that made them inaccessible to large groups of local
    residents.
        Romani rights groups reported that Romani women experienced racial
    discrimination in standards of medical care and lacked access to
    information on health matters.
        Men and women received equal access to diagnosis and treatment for
    sexually transmitted infections, including HIV, but local health NGOs
    and clinics reported that women were more likely than men to seek
    treatment and refer their partners.
        Under the law women enjoyed the same rights as men, including equal
    pay for equal work, a principle that generally was observed. However,
    industries dominated by female workers had the lowest relative wages.
    The labor code sets the retirement age for women at 55 and for men at
    60. Women received lower salaries due to limited opportunities for
    advancement and the types of industries in which women were employed.

        Children.--Citizenship is determined by birthplace or by parentage.
    A child born on the territory of the country in a family of stateless
    persons residing permanently in the country is a citizen. The law
    requires that parents register a child within a month of birth.
        While education was free, universal, and compulsory until age 15,
    the public education system continued to suffer from chronic
    underfunding, and children from poor families continued to drop out of
    school before turning 15.
        More than 20,000 children did not attend school, according to a
    2009 report by a coalition of 14 children's rights NGOs. The report,
    which covered the period 2002-08, was presented to the UN Committee on
    the Rights of the Child. Many children were employed in agriculture and
    illegal coalmines or, in some cases, forced by their parents to beg.
    NGOs reported that a lack of schooling remained a significant problem
    among the rural population and within the Romani community. In some
    cases rural schools were closed due to the small number of school-age
    children, forcing children to travel long distances, often at personal
    expense, to attend schools in other villages.
        Children continued to be victims of violence and abuse. According
    to the Ministry of Internal Affairs, in the first eight months of the
    year, 8,156 minors were victims of crime, including 45 of intentionally
    inflicted bodily injury. The PGO confirmed that, in the first nine
    months of the year, 52 crimes involving child rape and attempted rape
    were recorded; 87 minors were raped, compared with 110 during the same
    period in 2009.
        In January 2009 the parliament adopted amendments to the criminal
    and criminal procedural codes that established criminal liability of up
    to three years in custody for forcing children into begging.
        Romani rights groups reported that early marriages involving girls
    under 18 were common within the Romani community.
        Commercial sexual exploitation of children remained a serious
    problem. Domestic and foreign law enforcement officials reported that a
    significant portion of Internet child pornography continued to
    originate in the country.
        On January 20, parliament adopted amendments to prevent the spread
    of child pornography. The amendments introduced an internationally
    recognized definition of child pornography, which allowed law
    enforcement agencies to identify relevant evidence. In addition, the
    amendments allowed courts to limit access to Web sites that disseminate
    child pornography and increased financial penalties and prison
    sentences for offenders.
        On June 1, the parliament amended the Criminal Code to increase
    from eight to 10 years the minimum imprisonment term for child rape.
    The amendment also increased to 15 years the maximum prison term for
    persons ``satisfying sexual passion in perverted forms.'' Molesting
    children under 16 is punishable by imprisonment for up to five years.
    The same offense committed against a child under 14 is punishable by
    imprisonment for a term of five to eight years.
        According to the Ministry for Family, Youth and Sports, the number
    of street children dropped from 42,000 in 2005 to approximately 22,000
    in 2009 and 14,720 during the first nine months of this year as a
    result of government efforts. The ministry reported that as of
    September there were 88 children shelters across the country in all
    oblasts and the cities of Kyiv and Sevastopol. The shelters have a
    capacity for 3,370 children; during the first six months of the year,
    6,977 children came to these shelters.
        The country is party to the 1980 Hague Convention on the Civil
    Aspects of International Child Abduction. For information on
    international parental child abduction, please see the Department of
    State's annual report on compliance at http://travel.state.gov/
    abduction/resources/congressreport/congressreport--4308.html.

        Anti-Semitism.--An estimated 103,600 Jews lived in the country,
    comprising approximately 0.2 percent of the population, according to
    government census data and international Jewish groups. Local Jewish
    leaders estimated the number of persons with an ethnic Jewish heritage
    to be as high as 370,000.
        There were a number of acts of anti-Semitism, some involving
    vandalism of Jewish property. According to the Association of Jewish
    Organizations and Communities of Ukraine's (VAAD) there were nine
    incidents of vandalism during the year compared with 19 incidents in
    2009, and 13 in 2008. There were no reports of violent incidents of
    anti-Semitism.
        In April a Jewish cemetery in Ternopil was desecrated. Other
    vandalism included the August 12 desecration of a Jewish cemetery in
    Pavlohrad, paint thrown on a Jewish community building in Sumy on
    October 12, the November 17 and November 19 desecrations of Holocaust
    monuments in Kirovograd and in Sevastopol, and paint thrown on the
    walls of a synagogue on December 9 in Sumy.
        As of year's end there were no reports that authorities had
    identified suspects or made arrests in cases of vandalism against
    Jewish property in 2009, including swastikas on the walls of Jewish
    Charity Center in Melitopol, Nazi symbols on the front door of the Kyiv
    office of the Hebrew Immigrant Aid Society, and paint splashed on the
    monument marking the birthplace of Rabbi Menachem Schneerson in
    Mykolayiv.
        During the year members of marginal populist and nationalist
    parties and organizations continued to make occasional extremist,
    intolerant, and anti-Semitic statements.
        In January unidentified individuals in Sudak, Crimea were reported
    to have passed out leaflets calling for genocide against Jews in the
    country. As of the end of the year, there had been no further
    developments in the incident.
        On September 10, the Prosecutor's Office in Zakarpattia closed an
    investigation into charges of hate speech against Serhiy Ratushnyak,
    the former mayor of Uzhhorod. Citing findings by legal and linguistic
    experts, the prosecutor stated Ratushnyak's comments made in 2009
    reflected his opinion about Jews and could not be described as hate
    speech. Ratushnyak was charged in August 2009 with inciting ethnic
    hatred, hooliganism, and abuse of office after he allegedly used anti-
    Semitic rhetoric and attacked a campaign worker for a rival
    presidential candidate. Ratushnyak, who was known for making racist and
    intolerant comments, ran as a marginal candidate in the presidential
    elections.
        On November 10, the National Television and Radio Broadcasting
    Council issued a warning to the Kherson Television and Radio Company
    about racist and anti-Semitic remarks made by former city councilman
    Serhiy Kyrychenko in 2009 on a local radio show, Vik. In frequent
    appearances on the program Kyrychenko accused Jews of robbing the
    country's people and plotting to enslave Ukrainians and exterminate
    Slavs. The Kherson Oblast Prosecutor's Office also opened a criminal
    case against Kyrychenko on charges of inciting interethnic hatred. In
    December the prosecutor completed a pretrial investigation and sent the
    case to court.
        Anti-Semitic articles continued to appear in small publications,
    although their number and circulation continued to decline. According
    to VAAD, 46 anti-Semitic articles were published in major print media
    outlets in 2009, compared with 54 in 2008 and 542 in 2007.
        VAAD said the sharp decrease in anti-Semitic publications was due
    primarily to concerted political and social pressure by NGOs, the
    Government and the Jewish community on the Academy of Personnel
    Management (MAUP). In previous years, MAUP, a private higher-education
    institution, accounted for nearly 90 percent of all anti-Semitic
    material, but has now ceased the publications.
        In November 2009 according to media reports, self-described
    ``writer and philosopher'' Vyacheslav Gudin told a group of 300 persons
    that 15 Ukrainian children who had been adopted in Israel were taken to
    Israeli medical centers and used for ``spare parts.'' He further
    asserted that 25,000 Ukrainian children had been taken to Israel over
    the previous two years to harvest their organs. His allegations, which
    mirrored past anti-Semitic ``blood libel'' claims, were circulated on
    the Internet by radical right-wing groups. Members of the Odesa Jewish
    community called on the prosecutor's office to investigate the ZaZUBR
    group, which had published Gudin's materials in its newspaper,
    ZaZUBRina, and on its Web site. Prosecutors opened a case but did not
    bring charges against anyone involved. In addition, the Government
    reportedly opened an investigation into the validity of Gudin's
    remarks; however, at year's end no further information was available
    about the details of the investigation.
        Senior government officials and politicians from various political
    parties continued efforts to combat anti-Semitism by speaking out
    against extremism and social intolerance, and by criticizing anti-
    Semitic acts.
        The SCNR, together with the Ministry of Foreign Affairs, Ministry
    of Internal Affairs, State Border Guard Committee, State Customs
    Service, State Committee for Tourism, and other agencies, cooperated to
    support Jewish pilgrimages to the burial site in Uman of Rabbi Nakhman,
    founder of the Bratslav Hasidic movement. According to Jewish leaders
    approximately 23,000 pilgrims traveled to Uman in September. Growing
    numbers of Jewish pilgrims have been visiting burial sites of prominent
    spiritual leaders in Medzhybizh, Berdychiv, and Hadyach.
        According to the Government the SBU acted to prevent at least six
    hate crimes in 2009 and 2010, including illegal activities by skinhead
    groups in Cherkassy and Dnepropetrovsk and an attack on the cultural
    center Hesed Haim in Sumy.

        Trafficking in Persons.--For information on trafficking in persons,
    please see the Department of State's annual Trafficking in Persons
    Report at www.state.gov/g/tip.

        Persons With Disabilities.--The law prohibits discrimination
    against persons with physical, sensory, intellectual, and mental
    disabilities in employment, education, access to health care, and other
    state services; however, the Government generally did not enforce these
    laws.
        The Government estimated the number of persons with disabilities at
    between 2.4 and 2.7 million; however, NGOs working on disability rights
    asserted that the real number of disabled was twice the Government's
    estimate. The Government did not track the number of children with
    disabilities. NGOs complained that the lack official data limited their
    ability to lobby for more government assistance to children with
    disabilities.
        According to the law employers must allocate 4 percent of
    employment opportunities to persons with disabilities. NGOs noted that
    many of those employed to fill these positions received a nominal
    salary to meet the requirement but did not really work at their
    companies. During the first six months of the year, 4,233 persons with
    disabilities received jobs through government employment-placement
    services, according to the Ministry of Labor and Social Policy. The
    Ministry of Education confirmed that there were 398 specialized
    secondary schools and boarding schools with a total of 46,480 children,
    including 54 specialized secondary schools in which 5,608 children with
    disabilities studied while staying with their families. In addition the
    Ministry of Education confirmed that there were 484 classes for
    children with disabilities in general secondary schools. These classes
    served 5,652 children.
        Advocacy groups maintained that, despite existing legal guarantees,
    most public buildings remained inaccessible to persons with
    disabilities. As a result, access to essential services and activities
    such as employment, education, health care, transportation, and
    financial services remained difficult. NGOs expressed concern over the
    lack of programs to promote the integration of students with
    disabilities into the general student population and noted that the
    lack of needs assessment programs by state-funded employment centers
    led to the placement of graduates with disabilities in inappropriate
    jobs.

        National/Racial/Ethnic Minorities.--The constitution and law
    prohibit discrimination based on race, skin color, and ethnic and
    social origin. Mistreatment of minority groups and harassment of
    foreigners of non-Slavic appearance remained a problem, although NGO
    monitors reported that hate crime incidents continued to decrease.
        Incitement to ethnic or religious hatred is a criminal offense;
    however, human rights organizations stated the requirement to prove
    actual intent, including proof of premeditation and intent to incite
    hatred, made its legal application difficult. Police and prosecutors
    generally prosecuted racially motivated crimes under legal provisions
    dealing with hooliganism or related offenses. Article 161 of the
    criminal code criminalizes deliberate actions to incite hatred or
    discrimination based on nationality, race, or religion, including
    insulting the national honor or dignity of citizens in connection with
    their religious and political beliefs, race, or skin color.
        The Government acknowledged that racism and ethnically motivated
    attacks were a problem; however, some officials continued to minimize
    its seriousness, maintaining that xenophobia was not a problem and that
    violent attacks were isolated incidents.
        No official statistics were available on the number of racially
    motivated attacks. However, the Diversity Initiative monitoring group,
    a coalition of international and local NGOs headed by the IOM mission
    in Kyiv, reported four attacks involving four victims during the first
    nine months of the year. This number compared with 26 attacks during
    2009 and 63 in 2008. The attacks involved a Kuwaiti and three African
    asylum seekers and foreign students. The attacks occurred in Kyiv,
    Simferopol, and Odesa; none was fatal.
        According to the Diversity Initiative, police did not initiate
    criminal cases in any of the four attacks they documented during the
    year.
        According to the PGO, during the year prosecutors forwarded to
    court two criminal cases based on Article 161. SBU investigators
    continued pretrial investigation in one case. During the first nine
    months of the year, two persons were found guilty of violating Article
    161, compared with four in 2009 and three in 2008.
        In December 2009 then president Yushchenko signed into law
    amendments to the criminal code that increased penalties for hate
    crimes. Accordingly, premeditated killing on grounds of racial, ethnic,
    or religious hatred carries a 10- to 15-year prison sentence.
    Parliament also established a fine from 3,400 to 8,500 hryvnias ($425
    to $1,060) or up to five years in prison for hate crimes.
        Advocacy groups asserted that police occasionally detained dark-
    skinned persons and subjected them to far more frequent and arbitrary
    document checks; at times victims of xenophobic attacks were prosecuted
    for acting in self-defense.
        On December 13, the media reported that Berkut police officers
    detained journalist Mustafa Nayem on suspicion that he was a Caucasus
    national. According to the reports, police confiscated Nayem's mobile
    phone and took him to a local precinct. He was released with an apology
    from the head of the precinct. Two investigations into the incident
    continued at year's end.
        Some of the most active xenophobic groups were the unregistered
    Ukrainian National-Labor Party, the Patriot of Ukraine organization,
    the Ukrainian Movement against Illegal Immigration, White Power-
    Skinhead Spektrum, the country's branch of Blood and Honor, and the
    World Church of the Creator Ruthenia. Such groups appeared to be
    marginal and poorly organized.
        Roma continued to face governmental and societal discrimination.
    Romani rights groups estimated the country's Romani population to be
    between 200,000 and 400,000; however, official census data placed the
    number at 47,600. The discrepancy was due in part by lack of legal
    documentation and poor record keeping in the Romani community.
    According to SCNR, there were 88 Romani NGOs, of which three were
    national.
        A 2008 study by Chirikli Roma Women Foundation indicated that
    almost 70 percent of Roma had experienced a violation of their rights
    and that the majority did not know how to defend their rights or with
    whom to lodge complaints. According to Romani rights groups, two-thirds
    of Roma were illiterate, 15 percent were infected with tuberculosis,
    and 60 percent of Romani children in Zakarpattia were infected with
    tuberculosis. One-third of Roma had no funds to pay for medicine and
    doctors' services.
        Representatives of Romani and other minority groups claimed that
    police officials routinely ignored and sometimes abetted violence
    against them and referred to Romani ethnicity in crime reports.
    However, the Roma Congress of Ukraine noted diminished ethnic profiling
    by police as a result of involvement of Romani rights groups.
        There were fewer reports of government cooperation with the Romani
    community than in 2009. The chairman of the Roma Congress of Ukraine,
    Petro Hryhorychenko, was formerly a member of the presidential council
    on ethnic-national policy and a member of the NGO advisory council with
    the State Committee on Nationalities and Religions (SCNR). On April 2,
    President Yanukovych abolished the council as part of his effort to cut
    bureaucracy. On December 9, the president also abolished the SCNR as
    part of broad administrative reforms and reassigned its duties to the
    Ministry of Culture.
        The constitution provides for the free development, use, and
    protection of Russian and other minority languages. According to the
    Ministry of Education, 2,217 educational facilities used Russian as the
    main language of instruction, serving nearly one million
    schoolchildren. According to ministry figures, 1.3 million students
    studied Russian as a separate subject in secondary schools, and more
    than 165,000 secondary school students studied Russian as an
    extracurricular course.
        Ukrainian and Crimean Tatar minorities in Crimea continued to
    complain of discrimination by the ethnic Russian majority on the
    peninsula and in Sevastopol. They urged that the Ukrainian and the
    Crimean Tatar languages be given a status equal to Russian. In 2009 the
    head of the Crimean Republican Committee for Nationalities and Deported
    Citizens reported approximately 264,500 registered Crimean Tatars in
    the country. The SCNR reported 260,873 Tatars living in Crimea, Kherson
    Oblast, and Sevastopol.
        In November 2009 the SCNR reported that the Government had
    allocated 28,276 million hryvnias (approximately $3.5 million) for the
    resettlement and integration of Crimean Tatars, including housing
    construction. According to Crimean Tatar Mejlis, Crimean Tatars resided
    in 300 settlements on the Crimean peninsula, and authorities allocated
    53 million hryvnias ($6.6 million) for their integration. According to
    the Ministry of Education, 439 children studied the Crimean Tatar
    language in separate groups in preschool facilities. There were 15
    secondary schools with Crimean Tatar as the main language of
    instruction; 17,725 students studied Crimean Tatar as a separate
    subject in secondary schools; 5,153 secondary school students studied
    Crimean Tatar as an extracurricular course.
        Crimean Tatars asserted that discrimination by local officials
    deprived them of equal opportunities for employment in local
    administrations and that propaganda campaigns, particularly by pro-
    Russian groups, promoted hostility against them. On August 28, in a
    speech to the Qurultai (a Crimean Tatar national convention) Mustafa
    Jemilev, the chairman of the Crimean Tatar Mejlis, claimed there had
    been a significant increase in discrimination against Crimean Tatars
    since the presidential election.
        In December, Radio Liberty reported that the Crimean Prosecutor's
    Office accused the head of Mejlis's Secretariat, Zair Smedlyaev, of
    organizing mass disorders and refusing to comply with police orders.
    The case was initiated in 2006 but only sent to court in December.
    Smedlyaev claimed that the prosecutor's actions were ``an attempt to
    intimidate the Crimean Tatar people.''
        On December 25, the Spiritual Directorate of Muslims in Crimea
    stated that a fire at a mosque under construction in Myrne village in
    Crimea may have been attempted arson. According to the group the fire
    was ``a deliberate attempt to destabilize interfaith peace in Crimea.''
    The local fire department opened an investigation in the incident.

        Societal Abuses, Discrimination, and Acts of Violence Based on
    Sexual Orientation and Gender Identity.--The lesbian, gay, bisexual,
    and transgender (LGBT) community continued to suffer societal stigma
    and discrimination. Those who openly declared their sexual orientation
    experienced discrimination in education, the workplace, and access to
    medical treatment and to information on the prevention of HIV/AIDS.
        According to the registered LGBT rights group Nash Mir (Our World),
    law-enforcement representatives were involved in 35 of 79 identified
    instances of discrimination against gays during the year. The group
    also maintained that police mistreated and collected personal data on
    gays, while the Ministry of Internal Affairs ignored homophobic
    attitudes among its personnel.
        Among the incidents documented by Nash Mir was the illegal
    detention by police of a man in Chernivtsi who was accused of
    frequenting a gay meeting place. Police photographed the man and took
    his fingerprints.
        In another incident police in Mykolayiv interrogated a gay man as
    part of an investigation into the killing of a gay man. The police
    insulted him and threatened to expose his sexual orientation if he did
    not provide contact information of other homosexual persons he knew.
        On November 20, according to the LGBT group Insight, approximately
    10 men broke into a movie screening organized by the group on the
    Transgender Day of Remembrance and attacked the audience with teargas.
    One of the organizers who attempted to block the attackers was beaten.
    Police investigated the incident as hooliganism, while members of the
    LGBT community urged the police to open a hate-crime investigation. The
    case remained open at year's end.

        Other Societal Violence or Discrimination.--Persons with HIV/AIDS
    faced discrimination and at times lacked access to treatment. In a 2008
    study, the Joint United Nations Program on HIV/AIDS estimated that 1.6
    percent of Ukrainians between the ages of 15 and 49 were HIV positive.
    The Ministry of Health estimated the number of HIV-positive persons to
    be approximately 156,000, of whom 30,000 were diagnosed with AIDS.
        According to a country report by HRW, the Ukrainian National AIDS
    Center reported 13,039 newly registered cases of HIV infection in the
    first eight months of 2009, nearly half among intravenous-drug users.
        The All-Ukrainian Network of Persons Living with HIV continued to
    note that persons with HIV/AIDS faced discrimination in the workplace,
    job loss without legal recourse, harassment by law enforcement
    officials and prosecutors, social isolation, and stigmatization.
        In July an HRW researcher published an op-ed in the British
    newspaper The Guardian in which he reported that under President
    Yanukovych there had been ``an increasing number of law enforcement
    attacks on [drug] substitution treatment programs'' that jeopardized
    the country's progress to limit the spread of HIV among the intravenous
    drug-user population. Local NGOs echoed these complaints and asserted
    that law enforcement officials were illegally collecting information on
    drug treatment patients to determine their HIV status.
    Section 7. Worker Rights

        a. The Right of Association.--The law provides workers with the
    right to form and join unions without previous authorization or
    excessive requirements, and this right was generally respected in
    practice. There were no reliable estimates of the percentage of the
    workforce that belonged to a trade union.
        To function, a union must be registered by the Government. Unions
    reported that the registration process was extremely burdensome,
    entailing visits to as many as 10 different offices and payments of
    fees. The International Trade Union Confederation characterized the
    registration requirement as ``a restriction unacceptable by
    international labor standards.''
        While by law the registration process did not change, unions
    reported an increasingly restrictive implementation of the process.
    Unions reported that during the year authorities denied the
    registration of several regional confederations without merit and
    questioned the legitimacy of another regional confederation that had
    successfully registered three years previously.
        By law all trade unions have equal status, and the establishment of
    a trade union does not require government permission. However, unions
    affiliated with the Federation of Trade Unions (FPU), which inherited
    assets from Soviet-era unions, have enjoyed an advantage in organizing
    workers.
        Unions not affiliated with the FPU, including the Confederation of
    Free Trade Unions of Ukraine (CFTU), continued to be denied a share of
    the former Soviet trade unions' real estate and financial holdings.
    These included social insurance benefit funds, which gave the FPU a
    benefit that independent unions could not offer. Leaders of non-FPU
    trade unions and some government officials claimed that the FPU
    improperly sold some Soviet-era assets to thwart their future
    distribution. While a 2007 parliamentary moratorium on the FPU's sale
    of property remained in place, a commission formed during the previous
    administration to inventory union assets was dissolved by the current
    government in June.
        In August police arrested four union leaders of the Ilyich Iron and
    Steel Works of Mariupol, seized union materials, and locked the union's
    office, charging them with fraud and other offenses. Union
    representatives claimed that the company's management orchestrated the
    arrests to block a planned rally by the union.
        In March 2009 the administration of the Sumy customs office seized
    the offices of the independent trade union Spravedlyvist, which
    represented customs personnel, and illegally took possession of their
    stamp, seal, and official documents. The administration claimed that
    the local trade union office was illegally located in the Sumy customs
    offices. The union leader was fired following this incident. Following
    her appeal, a court ruled that she should be reinstated; however, the
    decision reportedly has not been enforced.
        In 2009 the FPU and the regional department of the Ministry of
    Health withheld bonuses and used tactics such as increased scrutiny by
    tax and labor inspectors to pressure members of a new trade union at a
    clinic in Chernihiv to join the FPU instead. Although the union leader
    was reinstated after being fired, the deputy leader's case for
    reinstatement after dismissal was still pending in court.
        The law provides for the right of workers to strike on condition
    that a strike does not jeopardize national security, public health, or
    the rights and liberties of others. The right was generally respected
    in practice. The right to strike does not apply to personnel of the
    PGO, the judiciary, the armed forces, the security services, law
    enforcement agencies, the transportation sector, or public servants.
    Personnel from these entities may seek redress through the judicial
    system. Federations and confederations are not entitled to strike. A
    strike may be organized only if two-thirds of the workers of an
    enterprise vote for it, which trade unions considered to be an unfairly
    high threshold.

        b. The Right to Organize and Bargain Collectively.--The law permits
    trade unions to organize and participate in collective bargaining, but
    these rights were not always respected in practice.
        There were no reliable statistics on the percentage of workers
    covered by collective agreements.
        Union representatives reported that an independent health care
    union attempted to join a branch collective bargaining agreement
    concluded with an FPU affiliate but in June was denied without
    justification.
        Members of CFTU-affiliated unions claimed that management sometimes
    forced them to carry out additional assignments without compensation or
    threatened them with dismissal if they refused to leave their unions.
    There were continuing complaints that FPU-affiliated unions deducted
    union dues from the salaries of workers who had chosen to join a
    different union.
        During the year unions reported that Epicenter, a home improvement
    chain, harassed persons attempting to engage in union activities.
    According to representatives, the head of the union was arrested under
    false pretenses. When the police dropped the case for lack of evidence,
    the union leader tried to return to work but was told that he had been
    fired. While he subsequently won his court case against dismissal,
    Epicenter ignored the decision. Although the union continued to exist,
    representatives reported that Epicenter management refused to recognize
    the union or agree to begin collective bargaining.
        The law calls for joint worker-management commissions to resolve
    differences over wages, working conditions, and the rights and duties
    of management at the enterprise level. However, the commissions were
    not always effective in practice and sometimes were dominated by
    management and union representatives co-opted by management. Although
    the law provides the right to collective bargaining, the manner in
    which the law was applied prejudiced the bargaining process against
    newer unions and favored FPU-affiliated unions.
        Renouncing membership in an FPU-affiliated union and joining a new
    union was bureaucratically onerous and typically discouraged by
    management.
        In 2009 an employer reportedly refused to recognize a newly
    established trade union at an agricultural company. Reports indicated
    that the company continued to refuse to begin collective bargaining and
    that the union's leader suffered harassment, including lawsuits filed
    by the company against him and visits from police demanding to examine
    the union's financial and other documents.
        The law provides for the National Mediation and Reconciliation
    Service to mediate labor disputes.
        There were no exemptions from labor laws in 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 women, men, and children were
    trafficked for labor. Also see the Department of State's annual
    Trafficking in Persons Report at www.state.gov/g/tip.
        Trafficked women were used as housekeepers, seamstresses,
    dishwashers, or workers at small and large manufacturing plants. Some
    women with small children and persons with disabilities were trafficked
    abroad for begging. The International Organization for Migration
    identified 442 cases of men and women exploited for their labor during
    the first nine months of the year.

        d. Prohibition of Child Labor and Minimum Age for Employment.--The
    law protects children from exploitation in the workplace, but the
    Government did not always effectively enforce the law.
        The labor code sets 16 as the minimum age for most employment.
    Children 15 years of age may with a parent's consent perform ``light
    work,'' but the law does not clearly define the term. Children can
    legally do some forms of work beginning at age 14 as part of an
    apprenticeship in the context of vocational educational training.
        The Child Labor Division of the State Labor Inspectorate under the
    Ministry of Labor and Social Policy is responsible for enforcing child
    labor laws. The Department of Children's Affairs in the Ministry of
    Family, Youth, and Sport, and the Police Department for Children's
    Affairs in the Ministry of Internal Affairs have the responsibility of
    identifying children in the informal sector involved in the worst forms
    of child labor. The ministry's Antitrafficking Department is
    responsible for the enforcement of laws against child trafficking.
        The worst forms of child labor were found primarily in the informal
    sectors, including on family farms and at open-air markets.
        Children also were used for commercial sexual exploitation,
    including production of pornography. Also see the Department of State's
    annual Trafficking in Persons Report at www.state.gov/g/tip
        Enforcement remained inadequate to deter violations. The State
    Labor Inspectorate reported it monitored 447 enterprises in August and
    September. During the inspections it identified 140 working children
    who were 14 or 15 years of age and 39 who were under 14. Almost all
    cases of labor involving children under the age of 14 were in the
    agricultural sector. The inspectorate found approximately the same
    number of children under the age of 14 involved in child labor as in
    2009.
        On August 13, the newspaper Novosti reported that police arrested a
    resident from the Odesa Oblast for organizing the production of
    charcoal using child labor. Police found three children, age 13 to 17
    years, working in an indoor plant. Police opened a criminal case.
        Police brought trafficking charges (as opposed to less severe child
    labor charges) in the February 2009 case of a man from Kherson Oblast
    who forced nine teenagers from Zakarpattia to work on his farm 10 to 16
    hours a day without pay while housing them in a poultry barn. NGOs
    successfully lobbied to have the case tried in Zakarpattia so that the
    children could testify, despite efforts of the defendant to keep the
    case in Kherson.
        There were no reported developments regarding labor violations
    discovered by inspectors in Chernivtsi Oblast or regarding cases noted
    in 2008. One NGO reported is the difficulty for persons not party to a
    criminal or administrative case to find information regarding its
    disposition.

        e. Acceptable Conditions of Work.--On December 1, the Government
    increased the monthly minimum wage to 992 hryvnias ($124). The minimum
    wage did not provide a decent standard of living for a worker and
    family. The State Labor Inspectorate is responsible for enforcing the
    minimum wage but was unable to monitor all employers. Many workers,
    particularly in the informal sector, received wages far below the
    established minimum.
        During the year wage arrears increased in the first half of the
    year but decreased in July. According to the State Statistics
    Committee, arrears stood at 1.8 billion hryvnias ($228 million) at the
    end of June but had decreased to 1.34 billion hryvnias ($169 million)
    by December. Most arrears accumulated in industry, but also
    significantly accrued in construction, transport, communications, and
    agricultural enterprises.
        The law provides for a maximum 40-hour workweek, a 24-hour period
    of rest per week, and at least 24 days of paid vacation per year. The
    law provides for double pay for overtime work and regulates the number
    of overtime hours allowed. However, regulations covering rest periods,
    maximum hours, and overtime were not always effectively enforced.
        Although the law contains occupational safety and health standards,
    the standards were frequently ignored in practice. Lax safety standards
    and aging equipment caused many injuries on the job. During the year
    11,698 workplace injuries were reported, as compared with 12,370 in
    2009; these included 644 job-related fatalities, compared with 675 in
    2009.
        There were 131 mining fatalities during the year, compared with 151
    in 2009. There were 4,888 coalminers reported injured during the year,
    compared with 5,251 during the same period in 2009.
        The law provides workers the right to remove themselves from
    dangerous work without jeopardizing their continued employment;
    however, trade unions reported that in practice asserting this right
    would result in retaliation or perhaps dismissal. Some unions reported
    good cooperation with government labor inspectors.
        For example, the CFTU signed a memorandum of understanding (MOU)
    with the Labor Inspectorate to cooperate more closely. The MOU gave
    local union leaders and health and safety specialists the right to
    inspect places of work jointly with labor inspectors. Unions report
    that these joint inspections have proved especially important in the
    mining sector.

                                   __________

                                 UNITED KINGDOM

        The United Kingdom of Great Britain and Northern Ireland (the UK),
    with a population of 62.3 million, is a constitutional monarchy with a
    multiparty, parliamentary form of government. Citizens elect
    representatives to the House of Commons, the lower chamber of a
    bicameral legislature. They last did so in free and fair elections on
    May 6. Members of the upper chamber, the House of Lords, occupy
    hereditary or appointed seats. Security forces reported to civilian
    authorities.
        There were some reports of police misconduct and that police,
    military personnel, and employees of government contractors
    occasionally abused detainees and other persons. There were also
    reports of overcrowded prisons and inadequate prison infrastructure.
    Societal problems included discrimination against religious minorities
    and mistreatment of women, children, ethnic minorities, lesbian, gay,
    bisexual, and transgender persons, and persons with disabilities.
    Trafficking of persons was also reported.
        Bermuda is a UK overseas territory with a population of 62,000. A
    governor represents the queen on the island; Bermuda's constitution
    provides for internal self-government, while the British government
    retains responsibility for external affairs, defense, and security.
    Citizens elect representatives to the House of Assembly, most recently
    in free and fair elections in 2007. The governor, the premier, and the
    opposition appoint members to the Senate. The premier is head of
    government and is chosen from among the elected members of the
    governing party. The constitution and the Human Rights Act of 1981, as
    amended, protect the human rights of inhabitants of Bermuda, with the
    exception of protection against discrimination based on sexual
    orientation.
                            respect for human rights
    Section 1. Respect for the Integrity of the Person, Including Freedom
            From:

        a. Arbitrary or Unlawful Deprivation of Life.--There were no
    reports that the Government or its agents committed any politically
    motivated killings; however, the nongovernmental organization (NGO)
    Inquest reported three deaths of persons in police custody during the
    year, one fewer than in 2009.
        In September in Northern Ireland, the International Monitoring
    Commission (IMC) released a report on its inquiry into the killing of
    Loyalist Volunteer Force leader Billy Wright, whom republican prisoners
    in the Maze Prison shot and killed in 1997. The report concluded that
    there was no state collusion in the killing, but the Government
    acknowledged that failings within the prison regime had ``facilitated''
    its occurrence.
        Proceedings continued in cases involving allegations of government
    involvement, collusion, or culpability in killings during the conflict
    in Northern Ireland between the 1970s and 1990s. In June Lord Saville
    published the report of his independent inquiry into the 1972 deaths of
    14 civil rights protesters shot by the British Army in Londonderry,
    also known as ``Bloody Sunday.'' Lord Saville's inquiry found that the
    deaths and injuries were ``unjustifiable.''
        The public inquiry begun in 2008 into the death in 2003 of Iraqi
    civilian Baha Mousa, who suffered 93 injuries while in the custody of
    British troops in Iraq, finished taking oral evidence on October 14.
    Drafting of the final report continued at the end of the year.

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

        c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
    Punishment.--The law prohibits such practices, and authorities did not
    usually engage in them; however, there were allegations that members of
    the military services were at least complicit, if not participants, in
    the mistreatment of detainees overseas; that individual police officers
    occasionally abused detainees; and that guards under contract to
    immigration authorities abused deportees while returning them to their
    home countries. Police are subject to oversight by the Independent
    Police Complaints Commission, which investigates charges of abuse and
    has the power to punish police officers if abuse is found.
        A July 2009 report by a consortium of NGOs documented the claims of
    more than 300 persons who accused the private contractors of physical
    and sexual assault and racial abuse. Dame Nuala O'Loan, former police
    ombudsman for Northern Ireland, was instructed to reopen 50 cases that
    the Government previously classified as unsubstantiated to address the
    appropriateness of using private contractors and whether the use of
    ``reasonable force'' was appropriate in dealing with failed asylum
    seekers. The Guardian stated that the official inquiry report released
    in March determined that the UK Border Agency (UKBA) did not have
    ``proper processes in place to investigate claims of mistreatment of
    failed asylum seekers.'' The inquiry also concluded that private
    contractors did not engage in systematic abuse of deportees.
        There were a number of allegations that the intelligence services
    colluded in the abuse of citizens or residents overseas. On July 6,
    Prime Minister Cameron announced a formal inquiry into the allegations,
    with the proceedings set to last for 12 months.
        In September 2009, the latest date for which data is available, the
    Independent Police Complaints Commission issued statistics for 2008-09
    indicating that approximately 7,679 complaints of sexual assault,
    serious nonsexual assault, and ``other assault'' were made against
    police, which represented an increase of approximately 4 percent from
    the previous year. Investigations were initiated in 57 percent of the
    serious nonsexual assault complaints, 47 percent of the sexual assault
    complaints, and 37 percent of the other assault complaints in 2008-09.
    Of the investigations that were resolved in 2008-09, the complaints
    were found to be substantiated in 10 cases of serious nonsexual
    assault, six cases of sexual assault, and 108 cases of other assault.

        Prison and Detention Center Conditions.--Prison conditions mostly
    met international standards, and the Government permitted visits by
    independent human rights observers; however, overcrowding remained a
    problem. The NGO Inquest indicated that 52 persons committed suicide in
    prison during the year, as did 24 detainees on remand.
        On June 20-21, a delegation from the Council of Europe's Committee
    for the Prevention of Torture (CPT) visited Radislav Krstic, convicted
    by the International Criminal Tribunal for the former Yugoslavia and
    serving his sentence in the UK, after he was reportedly attacked in his
    cell in Wakefield Prison by other inmates.
        According to the Ministry of Justice, the prison population in
    England and Wales on August 31 was 85,200 in facilities designed to
    accommodate 85,986. The Prison Reform Trust released a report, based on
    government statistics, stating that 88 out of 140 prisons held more
    than the ``certified normal accommodation.'' The Scottish Prison
    Service announced that the prison population reached a daily average of
    7,835 inmates in prisons designed for approximately 6,600. The Northern
    Ireland Prison Service reported that the prison population on December
    27 was 1,412, housed in three prison facilities with a total capacity
    of 1,513. The Bermuda Department of Corrections reported on October 12
    that the prison population on the island was 277 in facilities with a
    capacity of 373. England, Wales, and Scotland continued early release
    programs for nonviolent offenders in an effort to reduce overcrowding.
        At times juveniles, including some under the age of 16, were held
    together with adult prisoners. Although rare, there were instances when
    pretrial detainees were lodged with convicted prisoners due primarily
    to overcrowding.
        In Northern Ireland the governor of the high-security Maghaberry
    Prison, who had been in that position for five months, resigned in
    December 2009 in the wake of a series of critical reports regarding the
    prison's operations and investigations into the 2008 suicide of inmate
    Colin Bell. The head of the Northern Ireland Prison Service, Robin
    Masefield, resigned on November 30, after the Prison Officer's
    Association in Northern Ireland called for Masefield and two other
    prison officials to resign over their handling of staff disciplinary
    actions following the Colin Bell suicide. Maghaberry prisoners tied to
    republican paramilitary organizations staged ``dirty protests'' (a
    protest in which excrement and other unhygienic material is thrown
    around) against conditions in the prison, specifically related to
    restrictions of movement, body searches, and restrictions placed on
    outside visitation rights. Northern Ireland prisoner ombudsman Pauline
    McCabe stated in her 2009-10 annual report that ``there is general
    recognition that change is needed across Northern Ireland's prisons.''
        Prisoners had reasonable access to report allegations of inhumane
    conditions and were permitted religious observance.
        The Prisons and Probations Ombudsman (PPO) for England and Wales
    investigates complaints from prisoners and detainees held in
    immigration detention centers. All deaths that occur in prison,
    immigration centers, and probation hostels fall under the PPO's purview
    and are investigated. The PPO received 4,641 complaints from July 2009
    to July 2010, an 8 percent increase from the previous year.
        In February more than 50 female detainees went on a hunger strike
    for three weeks in the Yarl's Wood detention center alleging
    mistreatment by guards and prolonged detention.
        The media reported that in September an army inspector found
    British military detention facilities to ``be in compliance with
    international law,'' although some soldiers lacked proper training on
    the treatment of prisoners.
        The Government permitted independent monitoring of prison
    conditions by local and international human rights groups, the media,
    the International Committee of the Red Cross, and the independent
    International Center for Prison Studies based at Kings College London.
        On March 15-26, a CPT delegation visited prisons, detention
    centers, and other facilities on the Channel Islands for the first
    time. On Jersey, the delegation noted that access to an attorney was
    immediate only for very serious crimes, such as rape or murder, and
    that some detention cells had inadequate natural light, ventilation,
    and access to drinking water. On Guernsey, the delegation noted
    allegations of the use of excessive force by police during arrest, and
    that 17-year-olds were treated as adults.

        d. Arbitrary Arrest or Detention.--The law prohibits arbitrary
    arrest and detention, and the Government generally observed these
    prohibitions; however, critics charged that some procedures justified
    by the Government as necessary to combat terrorism constituted
    precharge detention. Currently, the Government can hold terrorism
    suspects in precharge detention for up to 28 days.

        Role of the Police and Security Apparatus.--Civilian authorities
    maintained effective control over the regional police forces, and the
    Government has effective mechanisms to investigate and punish abuse and
    corruption. There were no reports of impunity involving the security
    forces during the year.

        Arrest Procedures and Treatment While in Detention.--In most cases
    police may make an arrest only if they have reasonable grounds for
    suspecting a person has committed or is about to commit one or more
    listed ``arrestable offenses,'' or if a police officer believes an
    arrest is necessary to prevent physical injury or damage to property.
        The law allows police chiefs to grant auxiliary nonpolice officers
    ``enforcement powers,'' including the right to issue citations and
    fines for minor violations of public order, and to request the names
    and addresses of persons stopped in the street. Participants in this
    program wear police uniforms and carry identification while on duty. As
    of 2008, the most recent date for which data are available, 23 police
    forces granted enforcement powers to 1,600 civilians in community
    safety programs. Human rights groups and opposition politicians called
    the practice a civil rights violation and a move towards excessive
    surveillance.
        Police may detain an ordinary criminal suspect for 96 hours without
    charges. Detention for more than 24 hours must be authorized by a
    senior police official, and detention of more than 60 hours requires
    the approval of a magistrate. Only terrorism suspects may be detained
    without charge for longer than 96 hours. Authorities may hold terrorism
    suspects for up to 28 days before formally charging them with a crime.
    All detainees are entitled to counsel during this period. The law
    permits the extended detention of foreigners suspected of being
    terrorists but who cannot be deported immediately because of the risk
    they would be tortured or executed in their countries of destination.
    The Government continued to hold a number of detainees deemed dangerous
    but not deported due to concerns about torture in their home countries.
    Such individuals may appeal their designation as terror suspects.
        To combat the rise in gang and gun crime in Bermuda, the Government
    enacted the Police and Criminal Evidence Amendment (No. 2) Act in
    August (effective in the summer of 2011), increasing to 66 hours the
    length of time suspects can be held in police custody without being
    charged. A senior police officer reviews the case at 42 and 54 hours
    and in each review must be satisfied that the investigation is being
    conducted expeditiously and diligently. A magistrate may order a
    further 30 hours of detention to give police time to complete their
    investigation. Under the new legislation police may also deny bail to
    suspects as young as 16 years of age, a change from the previous age
    designation of 18. For those arrested on firearms or ammunition
    offenses, the Firearms Amendment Act of 2010 passed in July authorizes
    police to apply for a warrant of detention to hold suspects without
    charge for 14 days and also allows police to apply for a second 14-day
    warrant. Police may use the time to gather evidence or obtain forensic
    results from overseas, but not to question suspects.
        In July Bermuda enacted the Court of Appeal Amendment Act, allowing
    prosecutors to take previously tried cases to the Court of Appeal when
    new and compelling evidence, such as DNA, comes to light. The law
    applies to defendants acquitted of murder, found guilty on a lesser
    charge, or whose cases were discharged.
        In the UK the law gives defendants awaiting trial the right to
    bail, except for those judged to be flight risks, likely to commit
    another offense, suspected terrorists, or in other limited
    circumstances. Detainees may make telephone calls and have legal
    representation, including government-provided counsel if they are
    indigent.
        The law permits a judge (or the home secretary, with a judge's
    permission) to impose ``control orders,'' which include a range of
    restrictions up to house arrest on individuals suspected of involvement
    in terrorism-related activities, regardless of nationality or perceived
    terrorist cause. Control orders may be renewed on an annual basis. The
    Government used control orders to keep terrorism suspects under arrest
    without allowing suspects to know the charges against them or to see
    the Government's evidence. The Law Lords ruled in June 2009 that the
    Government's refusal to allow two defendants to know the charges
    against them was a violation of the Human Rights Act. In February
    Parliament's Human Rights Joint Committee noted the need for changes in
    the control orders regime to make it ``human rights compatible'' and
    stressed that the cost of lengthy litigation and infringement on
    individuals' right to liberty was too great to be sustainable. Like
    other aspects of the Government's antiterror legislation, the control
    order system was under government review during the year.

        e. Denial of Fair Public Trial.--The law provides for an
    independent judiciary, and the Government generally respected judicial
    independence in practice.

        Trial Procedures.--The law provides for the right to a fair trial,
    and an independent judiciary generally enforced this right.
        Defendants enjoy a presumption of innocence. Criminal proceedings
    must be public except cases in juvenile court or those involving public
    decency or security. In a trial under the Official Secrets Act, the
    judge may order the court closed, but sentencing must be public.
        The law generally allows for jury trials. In England and Wales the
    law provides for judge-only trials when there is a ``real and present
    danger that jury tampering would take place.'' In Northern Ireland
    trials by jury are the norm. However, as in the case of England and
    Wales, nonjury trials may be held in cases involving possible
    intimidation of juries. Scotland allows jury trials in criminal and
    civil cases. Bermudian law provides for jury trials in criminal cases
    and for trial by judge in civil cases.
        Defendants have the right to be present at their trials and to
    consult with an attorney in a timely manner. Indigent defendants have
    the right to free counsel of their choice, with some exceptions.
    Defendants may question witnesses against them. Defendants have access
    to government-held evidence relevant to their cases, with some
    exceptions, including instances in which information pertaining to a
    suspect relates to national security. The NGO Justice claims this
    practice has increased during the past decade.
        ``Intercept evidence''--evidence collected by electronic
    interception--is not admissible in a court of law. The police claimed
    that divulging their methods and sources would hamper their
    effectiveness. Human rights organizations and prominent politicians
    asserted that the inadmissibility of intercept evidence led the
    Government to use administrative or nonjudicial means to detain
    criminal suspects who could not otherwise be prosecuted. Defendants
    have the right to appeal to successively higher courts.

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

        Regional Human Rights Court Decisions.--The Government was involved
    in 44 decisions of the European Court of Human Rights (ECHR) from
    January to November. In 2009 the ECHR issued 14 judgments, each of
    which found one or more violations by the state of the European
    Convention on Human Rights, including seven violations of the
    prohibition of discrimination, three violations of the right to liberty
    and security, four violations involving the length of legal proceedings
    and the right to respect for family and private life, and two
    violations involving the right to a fair trial and freedom of
    expression.
        In January the ECHR determined that the police power to ``stop and
    search'' violated two defendants' right to a private and family life
    and that the ``discriminatory use'' of the power was a ``real
    consideration'' when determining the outcome of the case. In July the
    Government ceased using the stop and search power as originally defined
    under antiterror legislation.
        In 2008 the ECHR ruled that indiscriminate retention of DNA and
    fingerprint data of 850,000 persons who were arrested but never charged
    was not in line with article 8 of the Human Rights Convention. In
    November the home secretary announced a new DNA retention system that
    permits the destruction of DNA from persons never charged with a crime.
        In October the Scottish Supreme Court ruled that allowing suspects
    to be held and questioned for six hours without access to a lawyer
    breached the European Convention on Human Rights. The Scottish
    Parliament passed legislation requiring suspects to have immediate
    access to legal counsel, but extended the time a suspect can be
    detained from six to 12 hours with the possibility of a 12-hour
    extension.

        Civil Judicial Procedures and Remedies.--There is an independent
    and impartial judiciary in civil matters, including access to a court
    to bring lawsuits seeking damages for, or cessation of, a human rights
    violation. Administrative remedies were also available.

        f. Arbitrary Interference With Privacy, Family, Home, or
    Correspondence.--The law prohibits such actions, and the Government
    generally respected these prohibitions in practice.
        The use of electronic surveillance requires the approval of the
    home secretary, who authorizes an ``interception warrant,'' which must
    name or describe either a person or a single set of premises where the
    interception is to take place. However, in limited circumstances the
    home secretary may issue a ``certified'' interception warrant,
    eliminating the requirement to specify a person or premises. Certified
    warrants are intended only for communications with overseas parties.
    They include communications channeled through a foreign Internet
    service provider (ISP). An independent ``interception of communications
    commissioner'' oversaw interception warrants, and the Investigatory
    Powers Tribunal investigated public complaints of surveillance abuses.
    In July one case was decided in favor of the complainant.
        The law requires service providers to retain records of all users'
    landline, cellular telephone calls, and Internet activity for one year.
    Intelligence and law enforcement agencies, emergency services, and a
    number of other governmental bodies may request the data but must
    demonstrate a legitimate need for the information to protect public
    safety and ensure compliance with the law. Critics claimed that in
    practice agencies may self-authorize warrants and that the ability to
    intercept communications was too broad.
        In April the Government announced that it would not create a
    centralized database that would store all communications data collected
    by communications service providers. Human rights groups had been
    critical of plans to do so.
        Bermuda enacted the Telecommunications Amendment Act in July
    requiring telecommunications companies to install equipment enabling
    police to monitor, pursuant to a warrant, landlines, mobile telephones,
    and the Internet and provide police with a database of customer names,
    addresses, and phone numbers. Police officers already had the power to
    intercept landline messages if the police commissioner and the governor
    ruled it in the public interest to do so. The new law provides the
    additional capacity to fine carriers up to $10,000 per day for
    noncompliance.
    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 respected these rights in
    almost all cases. 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. The independent media were
    active and expressed a wide variety of views without restriction.
    However, the law also prohibits the use of ``threatening words or
    behavior'' toward a religious, ethnic, or racial group. The prohibition
    applies specifically to words, behavior, or displays of written
    material; publishing or distributing written material; the public
    performance of a play; distributing, showing, or playing a recording;
    broadcasting or including a program in a program service; or the
    possession of written materials or recordings with intent to display,
    publish, distribute, or include such materials in a program service.
        Judges may issue media suppression orders to prevent the
    publication of information about trial proceedings or other topics.
        Court decisions have established that the Government may legally
    prohibit possession of materials providing practical assistance to
    terrorists, such as the al-Qa'ida Manual, the Terrorist's Handbook, the
    Mujahideen Poisons Handbook, and a number of military manuals.
        In June Anthony Bamber was cleared of all charges in connection
    with his arrest, along with three other persons, for distributing
    leaflets blaming Muslims for the heroin trade in Ireland and the
    country in 2008. The Crown Prosecution Service advised police that
    while racist (most UK Muslims are of South Asian or African descent),
    the leaflets were protected speech. The three other persons did not
    face charges.
        In Bermuda, local newspapers, television stations, and a radio
    station created a voluntary Media Council to raise journalistic
    standards, elevate accountability, and provide an effective forum for
    grievances against the media. The effort sought to forestall creation
    of a legislatively mandated media review group that they believed could
    have imposed censorship.

        Internet Freedom.--There were no government restrictions on access
    to the Internet. Individuals and groups could engage in the peaceful
    expression of views via the Internet, including by e-mail. There were
    no reports that authorities routinely monitored e-mail or Internet chat
    rooms. However, the law permits communications data surveillance,
    including of Internet usage, in the interests of national security, to
    prevent or detect a crime or in the interests of public safety.
    Authorities did not publicly discuss details of their monitoring
    activities. By law all ISPs must retain records of Internet usage for
    one year.
        The Internet was widely available throughout the country and
    available at no cost in public libraries. Approximately 84 percent of
    the population used the Internet.

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

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

        c. Freedom of Religion.--For a complete description of religious
    freedom, see the 2010 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
    to provide protection and assistance to refugees, asylum-seekers,
    stateless persons, and other persons of concern.
        The law prohibits forced exile, and the Government did not employ
    it in practice.

        Protection of Refugees.--The country's laws provide for the
    granting of asylum or refugee status, and the Government has
    established a system for providing protection to refugees.
        Based in part on the EU's ``Dublin procedure,'' the Government
    placed the burden of proof on asylum seekers who arrived from ``safe
    countries'' of origin, based on a list promulgated by the home
    secretary, who passed through a country where they were not considered
    to be at risk, or who remained in the country for a period of time
    before seeking asylum. The law permits authorities to remove an asylum
    applicant to another country that is deemed responsible for
    adjudicating an applicant's claim.
        In practice the Government provided protection against the return
    of persons to a country where their lives or freedom would be
    threatened on account of their race, religion, nationality, membership
    in a particular social group, or political opinion. However, on
    November 10, Amnesty International called on European governments not
    to return asylum seekers to Iraq because of the allegedly dangerous
    security situation there. The group claimed that on September 22 the
    British, Swedish, and Norwegian governments ``forcibly returned'' over
    50 Iraqis to their home country.
        The Government may also provide temporary protection to individuals
    who may not qualify as refugees under the categories of humanitarian
    protection and discretionary leave. However, at the end of 2009, the
    most recent year for which figures were available, the Government
    provided protection to no such persons according to UNHCR.
        On February 23, Human Rights Watch alleged that the country's
    ``fast track'' system for handling asylum requests ``is not rigorous
    enough to meet basic standards of fairness,'' especially for women. The
    group stated that the system did not give women sufficient time to
    gather evidence to support their claims of fleeing mistreatment and
    called for the abolition of the system.
    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.--Free and fair elections to
    the House of Commons took place on May 6. Political parties operated
    without restriction or outside interference. After observing the
    national election, the Office for Democratic Institutions and Human
    Rights of the Organization for Security and Cooperation in Europe
    concluded that the election ``was administered in a transparent and
    professional manner and demonstrated an open, pluralistic, and highly
    competitive process.''
        There were 143 women in the 650-seat House of Commons and 164 women
    in the 777-seat House of Lords. There were four women in the prime
    minister's cabinet. An additional 15 women held other ministerial
    posts. There was one woman among the 11 justices of the Supreme Court.
        There were 27 members of ethnic minorities in the House of Commons.
    The number of members of ethnic minorities in the House of Lords was
    not available; there was one member of an ethnic minority in the
    Cabinet.
        Bermuda held free and fair elections in 2007. There were seven
    women in the 36-seat House of Assembly and six women in the 11-member
    Senate. Five women served in the 13-member Cabinet.
    Section 4. Official Corruption and Government Transparency
        The law provides criminal penalties for official corruption, and
    the Government generally implemented these laws effectively. There were
    reports of government corruption during the year; however, there were
    no reports of police corruption during the year.
        Following a parliamentary allowances scandal more than a dozen
    members of Parliament declared they would not run for reelection in
    May. The Independent Parliamentary Standards Authority, which began
    operation in September 2009, imposed clear rules on what members of
    Parliament can claim as an expense and publishes expense claims of
    members.
        In February the Serious Fraud Office reached an agreement with the
    country's largest defense contractor, BAE Systems, which included a
    guilty plea by BAE for violating the law and a payment of 30 million
    pounds (approximately $45 million) to benefit the people of Tanzania.
        The law provides for public access to information, and authorities
    generally granted access to citizens and noncitizens, including foreign
    media. There are exceptions to the availability of government
    information, including those relating to national security and defense,
    personal privacy, and possible risks to health and safety. In some
    instances authorities are not obliged to indicate whether relevant
    information exists; however, according to authorities, they are obliged
    to state the reason for refusing a request. There are no fees for
    requesting information; however, there may be a bill for materials and
    postal fees. Government agencies may refuse a request if the cost to
    the Government will exceed 450 or 600 pounds (approximately $730 or
    $955), depending on the agency. There was a mechanism to appeal
    denials.
        In July Bermuda enacted the Public Access to Information Act
    (PATI), which establishes a mechanism through which the public may
    access information. The Government appointed three individuals to make
    PATI operational.
        The November 2009 and 2008 reports of the UN Group of Experts on
    the Democratic Republic of the Congo (DRC) presented information
    indicating that Afrimex and Amalgamated Metals Corporation (AMC), which
    were registered in the UK, directly or indirectly funded conflict and
    perpetrators of human rights abuses in the eastern DRC. AMC announced
    in September 2009 that it had ceased purchasing minerals from the DRC.
    Section 5. 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 Equality and Human Rights Commission (EHRC), an independent
    body funded by the Government to protect and promote human rights in
    the country, enjoyed the Government's cooperation and operated without
    government interference. It had adequate resources and functioned
    effectively. The EHRC produced numerous reports on various human rights
    matters. In October the EHRC's first-ever triennial review (How Fair is
    Britain?) concluded that England and Wales were a more diverse and
    ``fair place'' than 20 years earlier. However, some groups, including
    Roma, Travellers, and other migrants, were still likely to experience
    prejudice and much more likely than others to fare poorly in education,
    work, and public life.
        Parliament has a Joint Committee on Human Rights, composed of 12
    members selected from the House of Lords and the House of Commons. The
    committee undertook inquiries into human rights matters in the country
    and scrutinized legislation affecting human rights. The committee
    produced reports on the Government's control order policy, the EHRC,
    children's rights, and human rights in the private sector.
    Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
        The law prohibits discrimination based on race, nationality,
    gender, sexual orientation, or disability, and the Government generally
    enforced the law effectively. The EHRC has a mandate to combat
    discrimination based on race, sex, religion and belief, sexual
    orientation, and age.

        Women.--Rape, including spousal rape, carries a maximum penalty of
    life imprisonment. According to the British Crime Survey (BCS), in
    2009-10 police recorded 43,579 sexual crimes. The large majority of
    these crimes were perpetrated against women. Of the most serious cases
    where the gender of the victim was identified, women were victims of
    13, 991 cases of rape, an increase of 13 percent from the previous
    year, and 19,873 cases of indecent or sexual assault. The Government
    acknowledged that its 6 percent conviction rate in rape cases was low.
    The Government estimated that one in 20 women in the country had been
    raped.
        The law prohibits domestic violence, including spousal abuse, and
    authorities strictly enforced the law in cases reported to them. The
    courts imposed punishment ranging up to life imprisonment; however,
    violence against women continued to be a problem. The law provides for
    injunctive relief, personal protection orders, and protective exclusion
    orders (similar to restraining orders) for female victims of violence.
        According to the 2009-10 BCS, 7 percent of women (and 4 percent of
    men) were victims of domestic abuse during the year. The BCS estimated
    that in 2009-10 approximately 14 percent of all violent crime in
    England and Wales was domestic and that 30 percent of all violent
    incidents against women were domestic. Scotland police recorded 51,926
    incidents of domestic violence in 2009-10, a 4-percent decrease from
    the previous year.
        NGOs raised concerns that some police officers were not adequately
    trained to identify and respond when women sought protection.
        The Government provided shelters, counseling, and other assistance
    for victims of battery or rape and offered free legal aid to battered
    women who were economically dependent on their abusers. The Government
    operated 29 sexual assault resource centers.
        In Bermuda, aggravated sexual assault is a felony carrying a
    maximum penalty of life imprisonment, and serious sexual assault has a
    maximum penalty of 30 years' imprisonment. Sexual assault by a person
    with AIDS, HIV, Hepatitis B, or other sexually transmitted diseases
    also carries a maximum penalty of 30 years' imprisonment. Police
    reported two serious sexual assaults (rapes) against women during the
    year, but both complaints were withdrawn. Police estimated 20-30
    reported incidents of domestic abuse per month, approximately five of
    which involved physical violence. Of these, only two or three were
    official complaints moving forward to prosecution. Several NGOs
    provided assistance to abuse victims.
        On October 18, the Bermudian government appointed a new Women's
    Council to empower women and improve the quality of life for women,
    families, and society.
        Police and NGOs estimated that approximately a dozen honor killings
    occurred during the year, although there were no formal statistics.
    Many observers regarded honor killings as the extreme end of a spectrum
    of violations of human rights that included abductions, forced
    abortions, imprisonment, mental and physical abuse, and rape. Honor
    killing was generally considered an ``imported crime,'' since a
    majority of the incidents involved families from Asia, Turkey, Algeria,
    and Nigeria. Many of the crimes involved hiring outside ``hit men''; in
    other instances the perpetrator was the youngest member of the family,
    whom older family members supervised.
        In September police in Scotland announced a public campaign to
    address honor-based crimes, including abduction, assault, threats,
    killing, and forced marriage.
        Forced marriages continued to be a problem, although their extent
    remained unknown. In 2009, the last year for which data was available,
    the Forced Marriage Unit's helpline received 770 calls or e-mails, a 16
    percent increase over the previous year. The law criminalizes forced
    marriage and makes taking individuals out of the country on false
    pretenses roughly equivalent to kidnapping. The law provides for the
    annulment of marriages made outside of the country against the will of
    one partner. A person must be at least 21 years of age to sponsor a
    spouse for a marriage visa, and intending sponsors of such visas must
    register their intent to seek the visa before traveling abroad.
    Authorities believed that young adults often traveled on what they
    expected to be a vacation to the home country and were subsequently
    pressured into marriage and applying for the spouse's visa. The law
    requires schools, social services, and police to receive training about
    this problem and to take steps to combat it, ranging from increased
    truancy monitoring to assisting young persons who seek their help
    without parental input.
        The law prohibits sexual harassment and provides penalties of up to
    five years' imprisonment; authorities followed up on the isolated
    complaints that were filed.
        Couples and individuals enjoy the basic right to decide freely and
    responsibly the number, spacing, and timing of their children and to
    have the information and means to do so free from discrimination,
    coercion, and violence. According to data from the 2009 UN Population
    Fund report, the maternal mortality rate was 12 per 100,000 live
    births. Skilled attendants assisted in 99 percent of births in the
    country. The percentage of women using contraception was 84 percent.
    Women have access to prenatal, obstetric, and postpartum care through
    the National Health System and can freely choose to have a midwife
    present during childbirth. The Department of Health had a National
    Support Team for Sexual Health, which worked to provide universal
    access to contraception to prevent sexually transmitted diseases and
    unwanted pregnancies. There was also an Infant Mortality Support Team
    to improve the health of infants and mothers after birth.
        Women enjoy the same legal rights as men, including rights under
    family and property law and in the judicial system; however, in
    practice women experienced some discrimination. The World Economic
    Forum estimated that women in the UK earn 67 percent of what men earn.
    The Government passed the Equality Act in April, containing measures to
    address the gender pay gap and other equality problems.
        There was a cabinet-level Minister for Women and Equalities. The
    EHRC supported women by enforcing equality legislation and actively
    promoting gender equality.

        Children.--All births must be registered within 42 days in the
    district where the baby was born, and unregistered births were
    uncommon. Local authorities have procedures for the late registration
    of babies whose births were not registered within 42 days. A child born
    in the UK receives the country's citizenship at birth if one of the
    parents is a British citizen or legally settled resident.
        Child abuse remained a problem, although there were no reliable
    figures on its prevalence. In Northern Ireland it is a criminal offense
    to fail to report most offenses against children. England, Wales, and
    Scotland do not have such laws; however, civil servants charged with
    the care, education, and welfare of children are ``responsible'' for
    their protection. The minister of state for children and families
    coordinated government policy concerning children and young persons in
    England and Wales. In Northern Ireland the Commissioner for Children
    and Young People performed the same function. In Scotland the
    Ministries of Education, Children and Early Years, and Housing and
    Communities supervised similar programs designed to protect and assist
    minors.
        Female genital mutilation (FGM) is illegal. The maximum penalty for
    aiding, abetting, counseling, procuring, or carrying out this practice
    is 14 years' imprisonment. FGM was most often practiced by immigrant or
    refugee groups on girls aged seven to nine from Eritrea, Ethiopia,
    Somalia, West Africa, and Yemen. The BCS estimated that 141 cases of
    FGM and FGM-related blood poisoning occurred in 2009-10.
        The statutory rape law makes it illegal for a person over the age
    of 18 to have sex with a person under 16 years old, unless the younger
    person is over 13 and the adult reasonably thought the younger person
    to be over 16. Penalties range from fines to 14 years' imprisonment.
    The law prohibits child pornography and provides for a maximum sentence
    of 10 years' imprisonment.
        The law prohibits child sex tourism and allows authorities to
    prosecute citizens or residents for offenses committed abroad.
    Individuals were arrested outside the country and in some cases jailed
    on such charges, but, according to the charity End Child Prostitution,
    Child Pornography, and Trafficking Children for Sexual Purposes, there
    were only a few cases of prosecution in the country since the early
    1990s, and there were no reports of prosecutions during the year.
        Penal reformers and children's groups continued to criticize the
    Government's reliance on antisocial behavior orders (ASBOs), civil
    ``warnings'' that may limit children's access to a geographic area or
    impose tailored curfews and fines. ASBOs were introduced to prevent
    youths from interacting with the courts and youth services as a result
    of minor infractions. However, youth who subsequently violate ASBOs
    could be arrested and enter the criminal system. Opponents contended
    that the ASBOs led to criminal records for youth whose behavior in the
    past would have been seen as ``kids being kids.'' According to one
    expert, more than 1,000 youths had been incarcerated for violating the
    ASBOs since their inception in 2000. Critics claimed that police were
    too quick to issue the orders for such minor infractions as excessive
    loudness or congregating in large numbers, violations that some
    children's advocates described as inevitable. Some experts contended
    that a third of youths receiving the orders had mental or behavioral
    problems that did not permit them to understand the orders.
        In July the prison service manual on restraint techniques to use on
    children as young as 12 years old was made public after a five-year
    legal battle. The Ministry of Justice stressed that restraint by force
    was a last resort for prison staff.
        The country is a party to the 1980 Hague Convention on the Civil
    Aspects of International Child Abduction. For information on
    international parental child abduction, please see the Department of
    State's annual report on compliance at http://travel.state.gov/
    abduction/resources/congressreport/congressreport--4308.html, as well
    as country-specific information at http://travel.state.gov/abduction/
    country/country--3781.html.

        Anti-Semitism.--The Jewish population numbered approximately
    300,000. There was a small spike in anti-Semitic incidents after the
    Gaza flotilla incident on May 31. The Community Security Trust, a group
    that tracked anti-Semitic activity, reported 74 anti-Semitic incidents
    in June alone with 28 occurring in the first week of the month. Anti-
    Semitic acts from January to June were fewer than during the same
    period in 2009 (the year of the conflict in the Gaza Strip) but
    continued to be slightly higher than in 2008. The incidents included
    property damage, threats, abusive behavior, and mass-produced or mass-
    mailed anti-Semitic literature.
        In September researchers from the Simon Wiesenthal Center
    discovered dozens of anti-Jewish Facebook pages from the UK and other
    countries. The group said that Facebook officials were ``very
    cooperative'' in disabling the sites.
        According to the BBC, in October vandals sprayed ``Nazi graffiti''
    on the doorstep of the UK Holocaust Center.
        In November, BBC Panorama determined that about 5,000 pupils were
    being taught the official Saudi national curriculum in UK schools.
    Education Secretary Michael Gove said that there was no place for anti-
    Semitic or homophobic lessons in British schools.

        Trafficking in Persons.--For information on trafficking in persons,
    please see the Department of State's annual Trafficking in Persons
    Report 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 or areas. It
    mandates access to buildings for persons with disabilities, and the
    Government effectively enforced this requirement in practice.
        The law requires that all public service providers (except in the
    transportation sector) make ``reasonable adjustments'' to ensure their
    services are available to persons with disabilities. The law forbids
    employers from harassing or discriminating against job applicants or
    employees with disabilities.
        The mandate of the EHRC included work on behalf of persons with
    disabilities to stop discrimination and promote equality of
    opportunity. The commission provided legal advice and support for
    individuals, a hotline for persons with disabilities and employers, and
    policy advice to the Government. It may also conduct formal
    investigations, arrange conciliation, require persons to adopt action
    plans to ensure compliance with the law, and apply for injunctions to
    prevent acts of unlawful discrimination.
        A briefing paper produced by the UK Learning Disabilities
    Observatory suggested that persons with learning disabilities face many
    health inequalities and have a disproportionately higher risk of health
    disorders. The group noted the need for promoting ``health literacy''
    among persons with learning disabilities by increasing access to
    information, appointment times, and the number of regular health
    checks.

        National/Racial/Ethnic Minorities.--The law prohibits racial
    discrimination, but Travellers (a distinct nomadic ethnic group with
    its own history and culture), as well as persons of African, Afro-
    Caribbean, South Asian, and Middle Eastern origin, at times experienced
    mistreatment on racial or ethnic grounds.
        The law authorizes police to order Travellers' caravans to move on
    from any rest area or other roadside location. Travellers'
    organizations also reported that local governments across the country
    sought to evict them from so-called ``illegal encampments.'' In a high-
    profile case that has continued for more than five years, Travellers
    fought an eviction order by the town council of Basildon (Essex) to
    remove them from the Dale Farm Traveller Settlement. As of the end of
    the year, the eviction did not take place.
        During the year the British Crime Survey recorded 10,221 racially
    or religiously aggravated crimes and 23,235 incidents of racially or
    religiously aggravated harassment, public fear, alarm, or distress.
        During 2009-10 the Police Service of Northern Ireland (PSNI)
    reported a15-percent increase in sectarian incidents, from 1,595 in
    2008-09 to 1,840 in 2009-10. These included vandalism of Protestant
    Orange Order halls, Roman Catholic churches, and Gaelic Athletic
    Association sports facilities.
        In Northern Ireland, the trial of the persons charged in the
    killing of Kevin McDaid in May 2009 was still pending, as was the trial
    of McDaid's sons, who were arrested on charges of assaulting one of
    those accused of killing their father. In July two men were arrested in
    connection with the unresolved McDaid case for intimidation and making
    threats to kill witnesses.
        The PSNI also noted a 5 percent increase in racially motivated
    incidents, from 990 to 1,038 over the year prior to March 31. Families
    of Indian, Filipino, and eastern European descent were targeted in
    racially motivated attacks in the greater Belfast area. In June vandals
    burned vehicles belonging to Indian and Filipino residents in the
    Whiteabbey area of Belfast. Physical assaults against Asian immigrants
    in the area were also reported.

        Societal Abuses, Discrimination, and Acts of Violence Based on
    Sexual Orientation and Gender Identity.--The law prohibits
    discrimination and harassment based on sexual orientation; however,
    sporadic incidents of homophobic violence were reported. The law
    encourages judges to impose a greater sentence in assault cases where
    the victim's sexual orientation is a motive for the hostility, and many
    local police forces demonstrated an increasing awareness of the problem
    and trained officers to identify and moderate these attacks. Dozens of
    gay pride marches and other activities took place in locations
    throughout the country legally and with no interference by the
    authorities. During the year 20 Bermudians took part in the London
    Pride parade, protesting Bermuda's failure to outlaw discrimination
    based on sexual orientation.
        According to the Crown Prosecution Service, 1,373 homophobic crimes
    were referred to it in 2009-10, of which 66 percent resulted in charges
    being pressed. The service prosecuted 1,152 homophobic cases, 81
    percent of which resulted in a conviction. In Northern Ireland, the
    PSNI noted a 2 percent decrease in homophobic incidents in the past
    year.
        According to the BBC, the Forced Marriage Unit reported an increase
    in the number of cases of forced marriage among lesbian, gay, bisexual,
    and transgendered teenagers.
        A report published during the year by the NGO Stonewall stated that
    lesbian, gay, and bisexual asylum seekers experienced ``significant
    disadvantages'' because of their sexual orientation. Stonewall claimed
    that, by ``fast tracking'' these more complex cases and denying them
    quickly, UKBA staff did not give applicants time to talk openly about
    their sexual orientation.

        Other Societal Violence or Discrimination.--There were no reports
    of violence against persons with HIV infection during the year. In
    September in Wales, the chair of the Equality and Opportunity Committee
    hosted a debate on the committee's report on discrimination against HIV
    patients by healthcare providers and professionals. The report called
    for better training for healthcare professionals who treat HIV patients
    and for an HIV public awareness campaign.
    Section 7. Worker Rights

        a. The Right of Association.--The law provides for the right of
    workers, except those in the armed forces, public sector security
    services, police forces, and freelance or agency work, to form and join
    independent unions without previous authorization or excessive
    requirements, and workers exercised this right in practice.
    Approximately 26 percent of the workforce was unionized. Coverage was
    most widespread in the public sector, where almost 60 percent of
    workers were unionized. In contrast, 17 percent of private sector
    workers in manufacturing, transport, and distribution trades were
    unionized. The law allows unions to conduct their activities without
    interference, and the Government protected this right in practice.
    Workers have the right to strike and freely exercised it during the
    year.

        b. The Right to Organize and Bargain Collectively.--Collective
    bargaining is protected in law and was freely practiced. Unions and
    management typically negotiate collective ``agreements,'' which are
    less formal than collective bargaining contracts. Collective agreements
    are considered ``implied'' individual work contracts and are legally
    enforceable as such. They covered approximately 35 percent of the
    workforce. In 2009 an investigation by the Information Commissioner's
    Office (ICO) revealed evidence of trade union ``blacklisting'' in the
    construction industry. The ICO successfully prosecuted and effectively
    closed down the company involved in the blacklisting. There were no
    reported instances of antiunion discrimination during the year.
        There are no export processing zones.

        c. Prohibition of Forced or Compulsory Labor.--The Government
    prohibits forced and compulsory labor, including by children; however,
    there were reports of forced labor by men, women, and children. Women,
    men, and children were trafficked to and within the country for labor
    exploitation and worked as domestic servants in private homes, beggars,
    pickpockets, and drug couriers, and in sweatshops, restaurants,
    agricultural and rural settings, construction, and catering. See the
    Department of State's annual Trafficking in Persons Report at
    www.state.gov/g/tip.

        d. Prohibition of Child Labor and Minimum Age for Employment.--The
    law protects children from exploitation in the workplace, and the
    Government generally enforced these laws effectively; however, there
    were some reports that unaccompanied foreign children, including girls
    from China, were subjected to sexual exploitation and forced labor.
    Vietnamese organized-crime gangs subjected hundreds of young children,
    many from Vietnam and China, to debt bondage and forced them to work on
    cannabis farms. (See the Department of State's annual Trafficking in
    Persons Report at www.state.gov/g/tip).
        The law prohibits the employment in any capacity of children under
    13. Those under 16 are not permitted to work in an industrial
    enterprise, including transportation or street trading; their work
    hours are strictly limited and may not interfere with school
    attendance. Children under 16 may work as part of an educational
    course. Children aged 13 to 16 must apply for a work permit from a
    local authority, and the local authority's education and welfare
    services have primary responsibility for oversight and enforcement.
    Authorities effectively enforced these laws. The Departments of Health,
    Trade, and Industry, and Education and Skills also have regulatory
    responsibilities related to child labor. However, anecdotal evidence
    from social workers and NGOs made clear that many children work longer
    or later hours than the law allows and many do not have the proper work
    permits. In many cases, this was voluntary, and the children's parents
    agreed to or encouraged the child's working. In other cases, children
    were found working illegally in restaurants, farms, factories, the sex
    industry, and in cleaning and other low-paid service-sector jobs with
    long hours and low pay. Many of these children did not attend school.
    These problems affected migrant children disproportionately, but
    legally resident children were affected as well.

        e. Acceptable Conditions of Work.--The national minimum wage, which
    ranged from 3.57 to 5.93 pounds (approximately $5.65 to $9.37) per
    hour, depending on the age of the employee, did not provide a decent
    standard of living for a worker and family; however, government
    benefits, including complete free universal access to the National
    Health Service, filled the gap. Tax authorities may issue compliance
    orders against employers who are not paying the minimum wage, but
    employment tribunals handle disputes. The Government aggressively
    monitored employer efforts to bring pay practices into compliance with
    minimum wage law. Unions and NGOs were also actively involved in
    ensuring employees' awareness of their rights.
        The law limits the workweek to 48 hours when averaged over a 17- to
    26-week period; however, the regulations do not apply to senior
    managers and others who can exercise control over their own hours of
    work. There are also exceptions for the armed forces, emergency
    services, police, domestic workers, sea and air transportation workers,
    and fishermen. Workers can opt out of the 48-hour limit. The law
    provides for one day of rest per week, 11 hours of daily rest, and a
    20-minute rest break when the working day exceeds six hours. The law
    also mandates a minimum of four weeks of paid annual leave, including
    eight national holidays. However, the average worker received five
    weeks of paid annual leave plus eight bank holidays as part of
    collective agreements. An individual employee may agree through a
    contract to work overtime for premium pay. The law does not prohibit
    compulsory overtime, but overtime is limited by the 48-hour workweek
    restriction.
        The law stipulates that the health and safety of employees not be
    placed at risk, and it was effectively enforced by the Health and
    Safety Executive (an arm of the Department of Work and Pensions), which
    could initiate criminal proceedings in appropriate cases. Workers'
    representatives also actively monitored enforcement of the law. Workers
    may legally remove themselves from dangerous work conditions without
    jeopardy to their continued employment.
        The Independent reported in November that factory workers in
    Leicester making clothing for large retailers were working in ``cramped
    and over-heated conditions with unsanitary toilets and at least one
    blocked fire exit.'' One of the retailers mentioned in the report
    decided to launch its own investigation into the allegations.
        In April the courts ordered a fruit farmer to pay two Polish
    workers 26,000 pounds (approximately $41,000 ) for wages he withheld
    and for stress caused by work conditions. The two fruit pickers lived
    with 200 other workers in metal cabins with no running water and worked
    10 to 11 hours a day for 0.90 to 4.75 pounds (approximately $1.50 to
    $7.50 an hour), according to media reports.

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